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2002/04/15PLANNING/COUNCIL MEETING Monday, April 15, 2002 Order of Business and Agenda Package PLANNING MEETING ~2002. PRAYER: Alderman Selina Volpatti DISCLOSURES OF PECUNIARY INTEREST Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. DEPUTATIONS Niagara Health Coalition Ms. Kim Stasiak, RN, Emergency Nurses Association of Ontario wishes to address Council on the development of the Niagara Health Coalition and request that Council proclaim May 15, 2002 as National Public Medicare Day. PLANNING MATTERS ITEM NO. 09 Public Meeting Zoning By-law Amendment Application AM-08/2002, 6257 Dunn Street Applicant: Michal Lukac Agent: G. Steenburg Proposed Bed & Breakfast AccommOdation Background Material: Recommendation Report: PD-2002-32 - AND - Correspondence from Regional Niagara, Planning And Development Department -2- ITEM NO. 10 Public Meeting Zoning By-law Amendment Application AM-06/2002, 4448 Ellis Street Applicant: Frank Spadafora Agent: Chris Cristelli Proposed Bed & Breakfast Accommodation Background Material: Recommendation Report: PD-2002-38 - AND - Correspondence from Nina Perfetto ITEM NO. 11 Public Meeting Zoning By-law Amendment Application AM-07/2002, 4741 Zimmerman Avenue Applicant: Tony & Anna D'Amicco Proposed Bed & Breakfast Accommodation Background Material: Recommendation Report: PD-2002-35 - AND - Correspondence from Deborah Kehoe Correspondence from David Tetrault Correspondence from Regional Niagara, Planning And Development Department Correspondence from Ana Kolesar & Svetozar Malesev Correspondence from Joanne Fonzi MISCELLANEOUS PLANNING MATTERS Chief Administrative Officer PD-2002-39, Requests for Extension to Draft Plan Approval; Williams Subdivision; 26T-93011 (Revised) Williams Subdivision Plan 2, 26T- 94001; Owner: River Realty Development (1976) Inc. Chief Administrative Officer -3- PD-2002-37, Extension of a Temporary, Use By- law; AM-09/2002, 6361 Fallsview Boulevard and the SW Corner of Stanley Avenue and Murray Street; Applicant: 876891 Ontario Limited; Agent: John Broderick Proposed Off-site Parking for the Hilton Hotel Chief Administrative Officer Chief Administrative Officer - AND - Correspondence from Regional Niagara, Planning and Development Department. PD-2002-40, Application for Site Plan Approval; SPC-06/2002; Niagara 21st Group Inc. Marriott Courtyard; 5950 Victoria Avenue. PD-2002-36, Falls Avenue Master Plan. - AND - Correspondence from Toshi Takishita REGULAR COUNCIL ADOPTION OF MINUTES: Regular COuncil Minutes of April 8, 2002. MAYOR'S REPORTS, ANNOUNCEMENTS, REMARK,~ COMMUNICATIONS AND COMMENTS OF THE CITY CLERK Royal Canadian Naval Association - Re: Proclamation- requesting that Council proclaim April 29th - May 3~d, 2002 as Battle of the Atlantic Week and further that authorization be given to conduct a short Flag Raising ceremony on April 29th, 2002 in front of City Hall at 9:15 a.m. RECOMMENDATION: That the request be approved. Canadian Mental Health Association - Re: Proclamation - requesting that Council proclaim the week of May 6th to May 12th, 2002 as Mental Health Week in the City of Niagara Falls. RECOMMENDATION: That the request be approved. -4- Bob Rodger, 127 Westwood Crescent, Welland, Ontario - Re: Golf fees at par with the U.S. - expressing concerns regarding the high rate of $130.00 Canadian for golf fees being charged and requesting Council support to have the Niagara Parks Commission consider accepting the golf fees at par with the American counterparts. RECOMMENDATION:That the matter be referred to the Niagara Parks Commission. Additional Items for Council Consideration: The City Clerk will advise of any further items for Council consideration. COMMUNITY SERVICES MATTERS Chief Administrative Officer Chief Administrative Officer Chief Administrative Officer Chief Administrative Officer Chief Administrative Officer Chairperson, Arts & Culture Commission 7. Chief Administrative Officer CORPORATE SERVICES MATTERS REPORTS MW-2002-08. Policy and Procedures for Road Occupancy Permits. MW-2002-41, Beaverdams Road at Rysdale Street/Magnolia Drive School Crossing Guard Review. MW-2002-42, Kister Road at Progress Street, Intersection Control Review. MW-2002-46, Rodent Control. MW-2002-47, CN/CP Railway Corridor Land Purchase. R-2002-15, Singing of the National Anthem - AND - Correspondence from the City Clerk. R-2002-18, Parks and Field Use 2002 Schedule. 1. Chief Administrative Officer F-2002~24, Municipal Accounts. -5- Chief Administrative Officer F-2002-25, ExtensionAgreement, Montrose Road ES Greenworld Enterprises Roll #2725 130 004 19258. RATIFICATION OF COMMITTEE-OF-THE-WHOLE ACTIONS The City Clerk will advise of any additional by-laws or amendments to the by- laws listed for Council consideration. BY-LAWS 2002-063 To amend By-law No. 79-200, as amended. (Re: AM-08/2002, 6237 Dunn Street) 2002-064 To prohibit the obstructing, encumbering or fouling of highways and to regulate the crossing of curbings, sidewalks, boulevards and parkland. 2002-065 For prohibiting or regulating the injuring of highways or bridges and for closing temporarily any highway or portion of a highway under the jurisdiction of the City of Niagara Falls for any period during the construction, repair or improvement of such highway. 2002-066 To amend By-law No. 79-200, as amended. (Re: AM-09/2002, 6361 Buchanan Avenue, part of Stanley St.) 2002-067 To authorize monies for General Purposes (April 15, 2002) 2002-068 To adopt, ratify and confirm the actions of City Council at its meeting held on April 15, 2002. NEW BUSINESS Ontario Health Coalition Municipal Council Resolution WHEREAS: Niagara Falls residents and Canadians alike pride ourselves on the fact that Canada has provided universal, publicly accessible health care to its citizens for over 30 years, WHEREAS: The principles of the Canada Health Act are the basis upon which our public health system was formed and have provided public access to life saving and life enhancing care for over a generation~ WHEREAS: Canadians are challenged as we have never been before to protect, restore and upgrade where necessary our public Medicare system. THEREFORE BE IT RESOLVED: That Niagara Falls City Council supports Canada's public health care system and the principles of the Canada Health Act. BE IT FURTHER RESOLVED: That Niagara Falls City Council calls upon the Rornanow Commission, and federal and provincial governments to ensure that the principles of the Canada Health Act are maintained, and the public health care system is publicly delivered and upgraded where necessary, and that adequate public funding be provided to do so, BE IT FURTHER RESOLVED: That Niagara Falls City Council hereby proclaims May 15, 2002, National Public Medicare Day, The City of Niagara Falls' Canada 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-2002-32 April l5,2002 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD-2002-32, Zoning By-law Amendment Application AM-08/2002, 6257 Dunn Street Applicant: Michal Lukac Agent: G. Steenburg Proposed Bed & Breakfast Accommodation RECOMMENDATION: It is recommended that Council approve the Zoning By-law amendment application to permit the existing dwelling at 6257 Dunn Street to be used as a tourist home (bed & breakfast) containing not more than four (4) rooms for tourists. THE PROPOSAL: Michal Lukac has requested an amendment to the Zoning By-law to permit the existing dwelling at 6257 Dunn Street (see Schedule 1) to be used as a tourist home (bed & breakfast) containing four (4) rooms for tourists. Schedule 2 illustrates the details of the site. Site specific zoning provisions are requested to be added to the Residential Apartment 5B Density (R5B) zoning of the property to permit the proposal. CIRCULATION COMMENTS: Information regarding the application was circulated to City departments, government agencies and the public for comment. The following is a summary of the comments that have been received to date. Building & By-law Services All required obtained prior construction. building permits are to be to the commencement of Working Together to Serve Our Community Clerk's Finance · Human Resources · Information Systems , Legal Planning & Development April 15, 2002 - 2 - PD-2002-32 The Ontario Building Code classifies any sleeping accommodation for the travelling public as a hotel. The designer shall review the B & B from this respect. Municipal Works A 3.05 metre (10 feet) road widening shall be dedicated to the City. · Parks, Recreation & Culture No objection. PLANNING REVIEW: The following is a summary of staff' s assessment of the application: 1. The proposal complies with the intent and purpose of the Official Plan. The subject land is designated Residential in the Official Plan. Lands under this designation are intended to be developed for housing. B & B's are ancillary which are permitted under the Residential designation where they are compatible with the neighbourhood. The establishment of such facilities is to be carefully regulated as to their location, size and traffic generation to minimize potential disturbances to adjacent properties and to protect the character and identity of the overall neighbourhood. The existing dwelling is not proposed to be enlarged to accommodate the proposed use. Any internal alterations will have to confom~ with the Ontario Building Code. As such, the residential character of the property will be maintained. The size and configuration of the lot (as shown on figure 2) are such that there is sufficient space to accommodate the additional required parking beside the existing garage. The majority of the rear yard will be maintained as amenity space. Traffic generated by the B & B will be similar to a small apartment conversion which is permitted under the current zoning. Any increase in traffic to the site should not be noticeable because the property is located on Dunn Street which functions as an arterial road. 2. The requested amendment is appropriate for the site. The property is zoned R5B. The R5B zoning permits the development of a three-storey apartment building. The applicant has requested that site specific provisions be added to the R5B zoning to permit a four-room B & B. The amendment is appropriate as the R5B zoning will be maintained, which is the zoning of the lands to the north and west. Maintaining the R5B zoning will encourage the redevelopment of this property and the adjacent lands in the future should apartments become desirable and economical. CONCLUSION: The requested amendment can be supported for the following reasons: · The proposal is within the intent and purpose of the Official Plan respecting B & B's. April 15, 2002 - 3 - PD-2002-32 · The residential character of the property will be maintained. · There is sufficient lot area for parking and amenity space. The request to site specifically add a tourist home, with not more than four units, as a permitted use under the current R5B, is appropriate. Planner 2 Respectfully submitted: John MacDonald Chief Administrative Officer Recommended by: Doug Darbyson Director of Planning & Development Approved by: Tony Ravenda Executive Director of Corporate Services JB:am Attach. FILE: S 5PDR~2002~PD2002~32.wpd SCHEDULE 1 LOCATION MAP Subject Land Dixon St. Dunn St. Amending Zoning By-law No. 79-200 6257 Dunn Street Applicant: Michal Lukac AM-08/2002 I:NTS SCHEI~ _.LE 2 Date: To: Re: April 3, 2002 Doug Oarbyson Director of Planning and Development City of Niagara Falls REGIONAl. MUNICIPALITY OF NIAGARA PLANNING AND DEVELOPMENT DEPARTMENT REGION.Al, AND PROVINCIAL REVIEW COMMENTS ~,. Planning Zoning By-law Amendment Application Michel Lukac 6257 Dunn Strcct City File No.: AM-0812002 Proposal.- To permit an existing dwelling to be used as a tourist home containing 4 rooms for tourists REGIONAL REVIEW Regional Policy Plan: Urban Area Regional Public Works: Not Applicable Regional Public Health: Not Applicable AdQitional Comments: PROVINCIAL REVIEW I Based on available infon-,-,atlon, this proposal affectsJdoee not appear to affe=t the Interests of the following Provincial Ministries: Ministry of Agriculture, Food & Rural Affairs Ministry of Citizenship, Culture & Recreation Ministry of Environment Ministry of Municipal Affairs & Housing Ministry of Natural Resources Additional Comments: INTERESTs INTERESTS · ~'FECTED NOTAFFECTED RECOMMENDATIONS ~ Based on our review, Regional Planning Staff have no objection to the approval of this application. [] The following are additional comments or conditions of approval: Peter Coles/mo, Planner Development Implementation Services Copy to: P/ease send net/ce of Cot, lncil'~ decl=lon. 3550 Schmon Parkway P.O. Box 1042 -- Thorold Ont. L2V 4T7 -- Phone (9051 The City of Niagara Falls Canada Corporate Services Department Planning & Development 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905) 356-2354 E-maih planning@city.niagarafalls.on.ca Doug Darbyson Director PD-2002-38 April 15, 2002 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re.' PD-2002-38, Zoning By-law Amendment Application AM-06/2002, 4448 Ellis Street Applicant: Frank Spadafora Agent: Chris Cristelli Proposed Bed & Breakfast Accommodation RECOMMENDATION: It is recommended that Council approve the Zoning By-law amendment application to permit the existing dwelling at 4448 Ellis Street to be used as a tourist home (bed and breakfast accommodation) containing not more than two rooms for tourists. PROPOSAL: Frank Spadafora has requested an amendment to the Zoning By-law to permit the existing dwelling at 4448 Ellis Street (see Schedule 1) to be used as a tourist home (bed & breakfast) containing two rooms for tourists. Schedule 2 illustrates the details of the site. Site specific zoning provisions are requested to be added to the Residential Single and Two Family (R2) zoning of the land to permit the proposal. CIRCULATION COMMENTS: Information regarding the application was circulated to City departments, government agencies and the public for comment. The following is a summary of the comments that have been received to date. · Municipal Works No objections. · Fire Any issues can be dealt with through the building or change of use permit. Working Together to Serve Our Community Clerk's . Finance · Human Resources Information Systems · Legal Planning & Development Apfil15,2002 -2- PD-2002-38 · Parks, Recreation & Culture No objections. · Regional Planning and Development No objections. PLANNING REVIEW: The following is a summary of staffs assessment of the application: 1. The proposal complies with the intent and purpose of the Official Plan. The subject land is designated Residential in the Official Plan. Lands under this designation are intended to be primarily used for dwelling units. However, a number of ancillary uses are permitted under the Residential designation, including bed & breakfast accommodations. Bed and breakfast accommodations are permitted within owner-occupied homes provided they are considered to be compatible with the residential neighbourhood. Establishment of these facilities is to be regulated as to their location, size and traffic generation to minimize potential disturbances to adjacent properties and to protect the character and identity of the overall neighbourhood. The proposed bed & breakfast is to be located within the existing two-storey dwelling. No significant alterations have been indicated. The parking is to be located in the rear of the property to maintain the residential appearance from the street. A wooden fence is proposed around the parking lot and along the west property line in the rear yard. This fence, along with an existing garage on the property to the east, would mitigate impacts on the abutting residences. A bed & breakfast with two rooms would generate minimal traffic and would not have an unacceptable impact on the residential neighbourhood. The proposed bed & breakfast is located close to River Road and would have convenient vehicular access to tourist areas. 2. The requested amendment is appropriate for the site. The property is zoned R2. The applicant has requested site specific provisions be added to the R2 zoning to permit a two-room bed & breakfast. No changes are proposed to the development standards and setbacks. Such a site specific zoning is appropriate for this proposal since the R2 zoning will ensure the site is maintained in a manner that is appropriate with the surrounding neighbourhood. The amending by-law will add a tourist home as a permitted use and will restrict the tourist home to two rooms within the existing dwelling. CONCLUSION: The requested amendment can be supported for the following reasons: The proposal is within the intent and purpose of the Official Plan respecting bed & breakfasts. · The residential character of the property will be maintained. April 15, 2002 - 3 - PD-2002-38 · There is sufficient lot area for parking and amenity space. The request to site specifically add a tourist home, with not more than two units, as a permitted use under the R2 zoning, is appropriate. Prepared by: Planner 2 Respectfully submitted: .~ John MacDonald Chief Administrative Officer Recommended by: Doug Darbyson Director of Planning & Development Approved by: Tony Ravenda Executive Director of Corporate Services AB:gd Attach. FILE: S 5PDR~2002WD2002-38.wpd SCHEDULE 1 LOCATION MAP Subject Land Morrison Street Ellis Street Simcoe Street Amending Zoning By-law No. 79-200 4448 Ellis Street Applicant: Frank Spadafora AM-06/2002 I:NTS Maeoh 2(;02 A SCHEDUI~E 2 Corporate Services Department Planning & Development The City of ~l~ll~ 4310 Queen Street llk P,O. Box 1023 Niagara Falls Niagara Falls, ON L2E6X5 web site: www,city.niagarafalls.on.ca ~ I-- Tel: (905) 356-7521 Fax: (905) 356-2354 E-maih planning@city.niagarafalls,on.ca April 15i 2002 Doug Darbyson Director PD-2002-35 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD-2002-35, Zoning By-law Amendment Application AM-07/2002, 4741 Zimmerman Avenue Applicant: Tony & Anna D'Amlco Proposed Bed & Breakfast Accommodation RECOMMENDATION: It is recommended that: 1) Council approve the Zoning By-law amendment application to permit the single detached dwelling, currently under construction at 4741 Zimmerman Avenue, to be used as a tourist home (bed & breakfast accommodation) containing not more than four rooms four tourists; and the amending by-law include site specific provisions regulating the extent of parking in the front THE PROPOSAL: Tony and Anna D'Amico have requested an amendment to !the Zoning By-law to permit the single detached dwelling at 4741 Zimmemian Avenue (see Schedule i1), which is currently under construction, to be used as a tourist home (B & B) containing four rooms for !ourists. Schedule 2 illustrates the details of the site. The property is zoned Deferred Commercial (DC). !The applicants have requested to change the zoning to Residential Single and Two Family (R2-2) zone, which permits a tourist home with not more than four rooms, and to permit vehicles to be parked in ithe front yard. CIRCULATION COMMENTS: ,g 2) Information regarding the application was circulated to City departments, government agencies and the public for comment. The following is a summary of the comments that have been received to date. Building & By-law ServiceS Building permitsl have been issued for the construction of a single detached dwelling. Further building permits will be required for the B & B use. Working Together to Serve Our Community Clerk's Finance · Human Resources · Information Systems Legal Planning & Developmenl April 15, 2002 Municipal Works Parks, Recreation & Culture - 2 - PD-2002-35 The Ontario Building Code classifies any sleeping accommodation for the travelling public as a hotel. The designer shall review the B & B from this aspect. No objection. No objection. PLANNING REVIEW: 1. The proposal is within the intent and purpose of the Official Plan. The subject land is designated Residential in the Official Plan. Lands under this designation are intended to be developed for housing. However, a number of ancillary uses may be developed under the Residential designation, without amendment to the Plan, which include bed & breakfast accommodations (B & B's). B & B's may locate in areas where they are compatible with the neighbourhood. The establishment of such facilities is to be carefully regulated as to their location, size and traffic generation to minimize potential disturbances to adjacent properties and to protect the character and identity of the overall neighbourhood. The Official Plan's tourism policies for the River Road District further reinforce the maintenance of the area's residential character and do not permit commercial uses within the district. The house is currently under construction. Building peimits have been issued for a single detached dwelling only. The size and configuration of the lot are such that the development could have been designed in a variety of ways. However, as shown on Schedule 2, the B & B was initially to be built with the intention of providing parking within the front yard. Parking within the front yard, to the extent shown on Schedule 2, is not in character with the neighbourhood. The intent of the Plan's policy is to ensure that B & B's retain their residential identity and not appear to be a commercial enterprise. Discussions with the applicant have resulted in a revised plan that is mutually acceptable to staff and the applicant. There are five parking spaces required to be provided for the development: four for the B & B, one for the house. Two spaces are to be provided in front of the garage. The two remaining spaces can be accommodated within the front yard, provided that they are set back from the front property line at least 20 feet, which is the required setback for a dwelling under the R2 zoning. This will only cover about 45% of the front yard. In this way, the required front yard can be landscaped appropriately to provide screening and a street presence. The revised plan is illustrated as Schedule 3. 2. The request for the R2-2 zoning is appropriate for the proposed B & B. The property is zoned DC. The applicant has requested that the property be rezoned to R2-2. The R2-2 zoning affects the lands south of Morfison Street to Hiram Street and east of the former CP Rail line. This zoning permits a four room B & B. Two other properties nearby have also been recently rezoned in the same manner. In order to regulate the extent of parking in the front yard, it is recommended that site specific provisions, including a front yard setback and coverage, be included in the amending by-law. April 15, 2002 - 3 - PD-2002-35 CONCLUSION: The requested amendment to permit a four-room B & B can only be supported, in part, for the following reasons: The proposed B & B, as illustrated on Schedule 3, is within the intent and purpose of the Official Plan. The parking of two vehicles within the front yard should not detract from the residential character of the area. the extent of parking in the front yard. The R2-2 zoning is appropriate for the proposal, together with site specific regulations to control Planner 2 Respectfully submitted: John MacDonald Chief Administrative Officer Recommended by: Do~n -- Director of Planning & Development Approved by: Executive Director of Corporate Services JB:gd Attach. FILE: S :h°DRX2002~PD2002-35 .wpd SCHEDULE 1 LOCATION MAP Subject Land .Queen Street /// / HuronStreet Morrison Street Amending Zoning By-law No. 79-200 4741 Zimmerman Avenue Applicant: Tony & Anna D'Amico AM-07/2002 I:NTS i ~isting Tree . }* ~ 51 Sod i ~. ~ .......................... ~ ~////~~///////////~ ~ ~ ........... BenotesProper~Line PROPOSED SITE PLAN FOR 4741 ZIMMERMAN AVE. Existing Chain Link Fence SITE SUMMARY Description Proposed Percentage Site Area szz.s8 sm (8750 SF) Building Area 20~.85 sm (2268 St:') Building Coverage z5.8% Landscaping Area 352.42sm (3792 SF) 43.3% Building Height 9.~sm (3o'-6") Parking Requirements 4 z4' I N Morrlson St. Proposed ~ Site ~ Huron St. /Z/ Queen St. SCHEDULE2 N Exl~ng Chain Unk Fence Extstl.g Tr~n Ii ........... .....,ro~,,~U.o PROPOSED SITE PLAN · ~ FOR 4741. ZIMM£RMAN A1/[. ]: i~ Scate: !/8" = 1'-0' SITE SUMMARY Description Proposed Percenta§e Site Area 82;.88 ~ (87~0 s~ Building Area 209.85 m (2258 SF) Building Coverage 25.8~ La ndscaping Area ~s2.42,,, ~792 sr') 43.3% Building Height 9.ism (~0'.6") Parking Requirements ~ March 26, 2002 Mr. Doug Darbyson Director of Planning and Development City Hall 4310 Queen St. Niagara Falls, Ontario L2E 6X5 City File AM-07/2002 Dear Mr. Darbyson; I am miring to you to express my concern regarding the amendment request for 4741 Zimmerman Ave. The fact that they are applying for a tourist home designation is not a problem, it would actually be good for our section of Zimmerman. My concern is with the plan itseff and the fact that front yard parking will be allowed. Friends of mine who own B&B's in the area were info,ned that they could under no circumstances have front yard parking and had to do some renovations to one of their properties in order to comply with the zoning. Also, the B&B on the other side of my property which has the same size lot was able to accommodate parking at the rear of the building for the same amount of cars. Thank you for your consideration in this matter. Sincerely, Deborah Kehoe 4755 Zimmerman Ave. (905) 356-4072 PL NNtN APR RECEIVED APR 0 2 2002 PLANNING !, OEVELOPUENT Planning ] Doug Darbyson Director of Planing & Development This is in response to the Zoning By Law Amendment Application for 4741 Zimmerman Ave, City file: AM-07/2002. I have no objection for the zoning change ~o a Bed&Breakfast. I do object to parking for 4 cars in the front of the property. I own Bampfioldhall B&B at 4761 Zimmerman Ave, two doors away to the south. Our lot sizes are the same. When I applied for the zoning change last year I was told that my parking should be located m the rear of the house as to not affect the look of the street. I have the same configuration in the back yard, a two- cars garage and 4 parking spaces, which gives me room to park 6 cars. Likewise I was surprised that parking in the front of the house would be considered especially for a new construction. One could understand flit was an existing parking area or there were no other options. David Tetrault 4761 Zimmerman Ave (905) 353 - 8522 RECEIVED APR 0 4 2002 I; NNtN t,)EVELO U~/UJ/UZ PLANNING AND DEVELOPMENT DEPARTMENT The Regional Munieipalit7 of Niagara 3550 $chmon Parkway, P.O, Box 1042 Thomld, Ontario L2V 4T7 :~c~nned Telephone: (905) 984-3630 ]~0~ rv'd~ Fax: (905) 641-5208 E-mail: plan@regional.niagara.on.ca April 3, 2002 D. 10.M. 11.23 Mr. Doug Darbyson, MCIP, RPP Director of Planning and Development City of Niagara Falls 4310 Queen Street Niagare Falls, ON L2E 6X5 Dear Mr, Darbyson: RE: Zoning By-law Amendment Application To Permit Tourist Home and Front Yard Parking 4741 Zimmerman Avenue City of Niagara Falls Your File: AM-0712002 ,, This application proposes to amend the local zoning by-law from "Deferred Commercial (DC)" to "Residential Single and Two Family (R2-2)" to allow a dwelling, that is under construction, to be used as a tourist home with parking permitted in the front yard. The property is within the Urban Area Boundamj for the City of Niagara Falls in accordance with the Regional Policy Plan. There is no objection to the proposed use from a general Regional or Provincial policy planning perspective. However, the City should consider prohibiting or limiting front yard parking in order to maximize the amount landscaped space. This will maintain the character of the surrounding residential neighbourhood and secure a higher level of compatibility. These considerations are also important to reflect Smart Growth principles that encourege mixed uses within an attractive urban environment. Please send notice of City Coun¢il°s decision on this application. Youre truly, Director of Planning Services MSWORD~PC\N Fzbla~4741Zimmennan.doc RECEIVED APR 0 4 2002 ~ i~EVE~ Untitled April,9/2002 To: Director of Planning and Development, City Hall Re:Aha Kolesar&Svetozar Malesev 4248 Huron str. Niagaea Falls L2E,2G7 We are submitting comments on Zoning-By-Law Amedment Application City F lie:AM-07/2002. The garage which will be to build on land known as 4741 Zimmerman Avenue will block sunlight from our wery essential area,living and diningroom.As inteligent andenvironmental conscious man MR. D"A mico has planed and build his house in such a way that the all windows (including basement windows)newer will be blocked with any objeckt. He and his guest will enjoy in full sunlight and beautifull wiew. Off co urse he has a right as human bein for light and wiew, But we also have right. We,as well as our future guests in 'SIMONIDA' B&B will have no wiew or what is the most important sunlight at all. Future garage will blocks our 4 windows on main floor and probablly will blocks 3 windows on 1st floor where there are guest bedroom and private bathroom. To build his house Mr. D,Amico has allredy rose level of his property by 1 foot .Our house will now feel as if it is in the hole and we are wery concerned about possibility coming water in our bas ement. According to Schedule 2 there is not enough parking space for 4 guest cars.The requirment by Law for the propel~ parking space is 36 ft x 43 ft.,but in this property parking lot will be 36 x 34 1ft. It is very nice if people from Planing Department are flexible and like to do favour to their client. Whit out that acting we can not build our future together. But this flexibility and kindness they did n ot show in our case. When we ask to rezon oure house,refer:City file:AM17/2001,we asked for our gue st parking will be on the end of our beckyard. As very aesthetics and artistick orientetid people we did not wont to have gue stpa.rl~ing close to our garden and Page 1 pLI NNtNG A .PR t5 7.i31]' RECEIVED APE 1 0 2002 PLANNING & DEVF.10PUENT Untitled deck. But we did not have choice. Person from your Departament did not have sense for our aesthetics feeling. Parking has to be besides siting area on our deck. Now we will be surrounded with Mr.D Amicos garage on east- south side and with our guest parking on sout-west side. With all our respectk to the employes from the Planning&Development Departament we like to ask them .."Do you act with double standard?" sar Thank you Ana&Svet°zar M~e~K~°~_~r~ Page 2 U~/IU/UZ FAX TRANSMISSION To: Doug Darbyson From: Joanne Fonzi op, GE 'T RE: City File: AM-07/2002 Date: April 10, 2002 Mr. Darbyson, Please accept the following letter of support from the Niagara Falls Bed & Breakfast Association regarding the re-zoning application for 4741 Zimmerman Avenue. I just returned from a business trip, therefore I apologize for this letter being late. If there is a problem with not being able to accept this correspondence for the Monday, April 15, 2002 Council Meeting, please notify me right away at (905) 354-8686. Your cooperation is sincerely appreciated. Thank you, Joanne Fonzi .,.. (~ APR I 5 ZOOZ PLANNING MEE ~IN :~,.,_...~ ............ ~ RECEIVED APR 1 0 2002 ?LANNING , ~VELOPMENT Niagara Falls Bed & Breakfast ASsociation 5359 River Road Niagara Falls, ON L2E 3G9 April 9, 2002 Mr. Doug Darbyson Director of Planning & Development City of Niagara Falls 4310 Queen Street Niagara Falls, ON L2E 6X5 RE: City File: AM-0712002 Dear Mr. Darbyson: The Niagara Falls Bed & Breakfast Association, the official association representing 15 licensed bed & breakfast in the Niagara area, is pleased to submit this letter of support to City Council regarding the re-zoning application for the proposed new Villa Gardenia Bed & Breakfast located at 4741 Zimmerman Avenue. This newly proposed bed & breakfast, currently under construction, is a welcome addition to our association and the Niagara Falls bed & breakfast indust~. The obvious dollar investment put towards this project will only help revitalize the current area. Furthermore, easy accessible Parking is a very important service to offer bed & breakfast clients, therefore, we have no objection to the submitted plan, which provides front yard parking. Attached please find a Niagara Falls Bed & Breakfast Association membership list, we trust this letter clearly expresses our full support of this re-zoning application. Sincerely, On behalf of Niagara Falls Bed & Breakfast Association .' PLANNING MEETIN~ MEMBER OF THE BED & BREAKFAST ASSOCIATION Ms, Sue Ong - Ace of Hearts Bed & Breakfast Ms, Sue Weston - Angel's Hideaway Bed & Breakfast Ms, Andrea Armstrong - Andrea's Bed & Breakfast Ms, Heather Matte - Bedham Hall Bed & Breakfast Mr. & Mrs. Don Lambertson - Bed of Roses Bed & Breakfast Ms. Luciana Siciliano - Butterfly Manor Ms, Mary Cable - Cairngorm Bed & Breakfast Ms. Karen Canali - Chestnut Inn Bed & Breakfast Mr, & Mrs. Keith McGough - Danner House Bed & Breakfast Ms, Joanne Fonzi - Eastwood Lodge Ms. Sue Weston - Gretna Green Bed & Breakfast Ms. Mary O'Shea - Sherma Bed & Breakfast Mr, & Mrs. George Rowe - Stamford Village Bed & Breakfast Mr. & Mrs. Tom Jackson ~ Strathaird Inn Bed & Breakfast Ms. Mary Kok - Trillium Bed & Breakfast The City of Niagara Falls Canada Corporate Services Department Planning & Development 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905) 356-2354 E-maih planning@city.niagarafalls.on.ca Apfil15,2002 Doug Darbyson Director PD-2002-39 His Worship Mayor W. Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD-2002-39, Requests for Extension to Draft Plan Approval Williams Subdivision, 26T-93011 (Revised) Williams Subdivision Plan 2, 26T-94001 Owner: River Realty Development (1976) Inc. RECOMMENDATION: It is recommended that Council support a one-year extension to draft plan approval for the Williams Subdivision and Williams Subdivision Plan 2, conditional on the applicant maintaining the appropriate subdivision signs on the properties for public information purposes. BACKGROUND: Conditions of the original draft plan approval for these subdivisions indicate that final approval must be obtained within two years or the draft approval will lapse. Before the initial approval period passes, an extension to draft plan approval may be granted provided that a written request is received from the applicant which sets out the reasons for the delay and the steps being taken to resolve the required conditions of approval. In order to ensure that draft plans are not automatically extended without consideration being given to current Council policy, planning principles and contemporaryrequirements, requests for extensions of draft plan approval must satisfy certain criteria and review guidelines. As part of the conditions associated with the delegation of subdivision approval authority, the concurrence of the Region is required before an extension can be granted. PLANNING REVIEW: In a letter dated March 13, 2002, the developer submitted a request for an extension to draft approval of the Williams Subdivision and Williams Subdivision Plan 2 (see attached letter and location map). Original draft approval for the Plans was received from the Region on May 5, 1994 and June 16, 1994, respectively. Several extensions have previously been granted. Working Together to Serve Our Community Clerk's · Finance Human Resources · Information Systems · Legal Planning & Development Apfil15,2002 -2- PD-2002-39 The subdivisions conform to the City's Official Plan and are zoned appropriately. The Williams Plan consists of 53 single-detached lots and the Williams Plan 2 contains 39 single-detached lots. There are no additional expenditures required on the part of the municipality for external or internal servicing or oversizing. The Region has no objection to the extension of draft approval for a one-year period. The developer has indicated that negotiations are underway with the City regarding additional parkland in the area. Their intention is to proceed with one of the subdivisions following these discussions. The final registration of these subdivision plans, as well as others in the City, may potentially be delayed due to servicing requirements. Niagara Falls and the Ministry of Environment (MOE) have a development strategy in place that permits development to proceed City-wide on the basis that the City's annual sewer program results in a net decrease in sewage flows. The City's sewer separation program has been suspended which affects this City/MOE development strategy. Therefore, all developments must be reviewed individually to determine their impact on localized sewage overflows or basement flooding. CONCLUSION: Based on this review, a further one-year extension to draft plan approval can be supported for both plans (Williams Subdivision until May 5, 2003 and Williams Subdivision Plan 2 until June 16, 2003), conditional on the subdivision signs being maintained for public information purposes. Prepared by: Richard Wilson Planner 2 Respectfully submitted: John MacDonald Chief Administrative Officer Recommended by: Doug Darbyson Director of Planning & Development Approved by: Tony Ravenda Executive Director of Corporate Services RW:tc Attach. FILE: S 2PDR~2002~PD2002-39.wpd 6746 MORRISON STREET, NIAGARA FALLS, ONTARIO L2E 6V2 P.O. BOX 576 TELEPHONE (905) 354-3853 FAX (905) 354-1816 March 13, 2002 HAND DELIVERED Mr. Doug Darbyson Director of Planning & Development City of Niagara Falls 4310 Queen Street, Box 1023 Niagara Falls, ON L2E 6X5 Dear Mr. Darbyson: RE: EXPIRY OF DRAFT APPROVALS WILLIAMS SUBDIVISION (26T-93011 AND 94001)~ CITY OF NIAGARA FALLS The above-mentioned Draft Plan Approvals are due to expire as follows: 26T-93011 - Williams Subdivision - Expires May 5, 2002 26T-94001 - Williams Subdivision Plan 2 - Expires June 16, 2002 We have been working and negotiating with the City Parks and Recreation Department regarding additional parklands for the addition to the arena. These negotiations are not yet resolved. We hope to proceed with one of the phases of the above development once these negotiations are complete. Therefore, we ask that the approvals be extended for a further One (1) year period. By copy of this letter we are requesting the support of the Regional Municipality of Niagara. Enclosed is our cheque in the amount of $1,000.00 for processing fees. Yours truly, RIVER REALTY DEVELOPMENT (1976) INC. Per: -~ ~ S.A. Branscombe, B.Sc., President. SAB:dm Encl. RECEIVED MAR I 4 2002 PLANNING DEVELOPMENT Mr. David Farley - The Regional Municipality of Niagara (Enclosed is our cheque for $700.00 for your processing fees.) Draft Plan of Subdivision Williams Subdivision 26T-93011 (Revised) Williams Subdivision 2 26T-94001 LOCATION MAP Williams Subdivision Williams Subdivision 2 1: NTS S:~ffodivis~4~uM"willi~m~Dphn'aPr April 2002 The City of Niagara Fails Canada Corporate Services Department Planning & Development 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905) 356-2354 E-maih planning@city.niagarafalls.on.ca Doug Darbyson Director PD-2002-37 April 15, 2002 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD-2002-37, Extension of a Temporary Use By-law AM-09/2002, 6361 Fallsview Boulevard and the SW Corner of Stanley Avenue and Murray Street Applicant: 876891 Ontario Limited Agent: John Broderick Proposed Off-site Parking for the Hilton Hotel RECOMMENDATION: It is recommended that Council approve a one-year extension to the temporary use by-law permitting the land on the southwest comer of Stanley Avenue and Murray Street to be used for off-site parking for the Hilton Hotel, conditional on the outstanding matters listed in this report being satisfied/ BACKGROUND: 7-~' HR r7'~'£. 876891 Ontario Limited has requested an extension of the temporary use by-law that permits the land on the southwest comer of Stanley Avenue and Murray Street (see Schedule 1) to be used for off-site parking for the Hilton Hotel. Refer to Schedule 2 for details. Two years ago, Council approved two temporary use by-laws to pemfit off-site parking for the Hilton Hotel: the by-law that is the subject of this application and a second affecting land on the west side of Allendale Avenue. The subject by-law was approved for a two-year time frame and expires April 17, 2002. At the time of the initial application, the off-site parking was being proposed temporarily on leased lands from Hydro One until such time that the applicant was in a financial position to build the six- storey parking structure. Council's approval o fthe temporary use by-laws was based on that premise: that the off-site parking is only an interim solution until the parking structure is built on-site. Working Together to Serve Our Community Clerk's Finance Human Resources Information Systems Legal Planning & Development April 15, 2002 - 2 - PD-2002-37 The approval of the temporary use by-laws was conditional upon the applicant satisfying conditions affecting both the hotel and off-site parking lands. As detailed below, these conditions remain outstanding. 1. Landscaping of the on-site parking area On the hotel lands, parking is accommodated behind Denny's Restaurant extending out to Stanley Avenue. As noted in report PD-2000-44: "Currently, temporary parking, recently constructed behind the existing Denny's on the hotel lands, does not comply with the tourism policies. The parking lot extends to the property line and beyond into the Murray Street road allowance with no landscape screen. The applicant has, however, agreed to improve upon this situation by providing landscape details, which will increase the screening, to the satisfaction of the Director of Parks, Recreation & Culture, within 90 days of this approval. It is recommended that this be included as a condition of the site plan agreement." To date, the applicant has yet to comply with this condition. Moreover, the parking layout on the hotel lands does not conform to the minimum dimensions for parking spaces as stated in the Zoning By-law. 2. Accommodation of storm drainage As noted above, the off-site parking for the Hilton involved two properties. The lot on the west side of Allendale Avenue is in an area currently serviced by a combined sanitary and storm sewer. Although the parking lot has a gravel surface currently, the long-term solution is to pave the lot and construct a proper storm drainage system. As noted in report PD-2000- 44: "Should the parking lots exist beyond five years, it is recommended that the parking lot be paved and a proper storm drainage system be constructed if municipal stonii sewers are available. Sufficient security should also be deposited by the applicant to guarantee these works." To date, the applicant has yet to deposit sufficient securities in order to guarantee these works. 3. On-street bus "lay-by" area As part of the site plan for the hotel lands, the applicant proposed a temporary bus "lay-by" area within the Fallsview Boulevard right-of-way. This was only an interim measure as the development plans of the "Denny's lands" did accommodate bus loading areas on-site. Moreover, the proposed reconstruction of Fallsview Boulevard will require the entire right- of-way for the road expansion. Such a scenario was noted in report PD-2000-44: Apfil15,2002 -3- PD-2002-37 "With respect to the hotel lands, the applicant proposes to construct a bus "lay-by" area within the Buchanan road allowance that involves indenting the curb in toward the hotel that will provide for a stopping area for two buses. Given that Buchanan may indeed be widened to five lanes in this area, the stopping area is only temporary as the entire right-of-way along the west side of Buchanan will be required for the road expansion. Because of this, the applicant will have to demonstrate that this stopping area can be accommodated on the site." The site plan illustrates that buses can indeed be accommodated on-site. However, the applicant has refused to sign the site plan agreement and is objecting to the Environmental Assessment (EA) for the road reconstruction over this issue. 4. Sanitary sewer extension along Murray Street The applicant is required to construct a sanitary sewer extension along Murray Street in order to redirect flows into the Murray Street system or to deposit sufficient securities in order to guarantee the work. As noted in report PD-2000-44: "Street sanitary system or to submit a security deposit to guarantee these works. As these works have not been done, and are still necessary, it is recommended that the applicant deposit this security with Municipal Works within 30 days of this approval." To date, the applicant has yet to satisfy this requirement. 5. Security deposits As noted in report PD-2000-44: "In order to guarantee the works noted (above), it is recommended that the applicant post sufficient securities in the form of Letters of Credit within 30 days of this approval. These Letters of Credit will be held until satisfactory completion of each and certification by the appropriate design professional." Approximately $150,000 in Letters of Credit are outstanding. 6. Site plan agreement To date, the site plan agreement, which contains clauses regarding the above matters, has not been signed by the applicant. 7. Building permits Occupancy has been granted under a Conditional Permit Agreement only. Full building permits cannot be issued until a building code issue regarding foam core moulding has been resolved and the site plan agreement registered on title. April 15, 2002 - 4 - PD-2002-37 CONCLUSION: As noted above, the applicant has failed to sign the site plan agreement and satisfy the conditions of the previous approval. The applicant, through its agent, has requested a one-year extension to the temporary use by-law. The applicant has also stated that it will shortly be initiating pre-consultation with staff regarding further redevelopment of the hotel lands. Hopefully, Council's approval of a one-year extension will enable staff to resolve the outstanding matters noted in this report. Accordingly, staff are recommending approval of the one-year extension conditional on the following being satisfied within the one-year time frame: 1. Signature and registration of the site plan agreement. 2. Deposition of all securities required of the applicant. 3. Satisfaction of all building permit issues. Planner 2 Respectfully submitted: - John MacDonald Chief Administrative Officer Recommended by: Doug Darbyson Director of Planning & Development Approved by: Tony Ravenda Executive Director of Corporate Services JB:gd Attach. FILE: S:~PDR~002~PD2002-37.~d SCHEDULE 1 LOCATION MAP Subject Property Amending Zoning By-law 79-200 1. 6361 Fallsview Avenue 2. Offsite Parking Lot Applicant: 876891 Ontario Limited AM-09/2002 1 :NTS R F...CB~ F-D MURRAY RANG~ 1~ HILTON NIAGARA THE I~ff~UE GROU~ Date: To: Re: April 4, 2002 REGIONAL MUNICIPALITY OF NIAGARA PLANNING AND DEVELOPMENT DEPARTMENT REGIONAL AND PROVINCIAL REVIEW COMMENTS Doug Darbyson Director of Planning & Development City of Niagara Falls Zoning By-law Amendment Application 876891 Ontario Ltd. Southwest Corner of Stanley Avenue and Murray Street City File: AM-0912002 Proposal: To approve a further temporary use by-law to allow off-site parking associated with the Hilton Hotel for an additional one year period REGIONAL REVIEW Regional Policy Plan: Urban Area Regional Public Works: Refer to Public Works Comments Regional Public Health: Not Applicable Additional Comments: PROVINCIAL REVIEW Based on available information, this proposal affects/does not appear to affect the interests of the following Provincial Ministries: Ministry of Agriculture, Food & Rural Affairs Ministry of Citizenship, Culture & Recreation Ministry of Environment Ministry of Municipal Affairs & Housing Ministry of Natural Resoumes INTERESTS INTERESTS AFFECTED NOT AFFECTED Additional Comments: RECOMMENDATIONS []Based on our review, Regional Planning Staff have no objection to the approval of this application. [~The following are additional comments or conditions of approval: The City should be satisfied that there is a reasonable commitment by the hotel to eventually provide on-site parking or a suitable alternative to meet long term parking needs. Peter Colosimo, Planner Development Implementation Services Copy to: W. Stevens, Regional Public Works Please send notice of Council's decision. RECEIVED APR 0 9 2002 PLANNING &'~NT 3550 Schmon Parkway P.O. Box 1042 - Thorold Ont. L2V 4T7 - Phone (905) 984-3630 FAX (905) 641-5208 The City of Niagara Falls Canada 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-2002-40 April 15, 2002 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD-2002-40, Application for Site Plan Approval SPC-06/2002, Niagara 21't Group Inc. Marriott Courtyard, 5950 Victoria Avenue RECOMMENDATION: It is recommended that: 1) Council receive the staff report and approve the site plan amendment for a restaurant expansion on the Marriott Courtyard property ' ...... :- ' *'--:-'- ----~: --:::::-':'-'-L7 =:v:-'.7 ::-= .- ..... rr ...... ., 2) Council direct staff to initiate a Functional Design and Feasibility Study to establish design criteria for the Grand Boulevard and the vehicular and pedestrian linkages thereto. BACKGROUND: This report outlines issues regarding a site plan amendment application for a restaurant expansion at the Marriott Courtyard, 5950 Victoria Avenue (see location on Schedule 1), and seeks direction on the further processing of this application. This report is also seeking direction on initiating a Functional Design Study for the Grand Boulevard. The Official Plan designates a Grand Boulevard that is intended to extend south from Victoria Avenue along the recently purchased railroad right-of-way. The Official Plan states that "the Grand Boulevard concept, as set out in Sections 4.1.13 through 4.1.17 of this Plan, shall be created. Council shall ensure that public improvements and new developments along this new public street are consistent with the Design Criteria for the new Grand Boulevard." The referenced policies are attached for Council's information. Working Together to Serve Our Community Clerk's · Finance · Human Resources Information Systems · Legal Planning & Development April 15, 2002 - 2 - PD-2002-40 When the original Marriott Courtyard hotel was approved in 1999, provision was made to accommodate a future extension of Ferry Street through to the new Grand Boulevard in accordance with the Official Plan policies. Schedule 2 illustrates the schematic alignment. On March 25, 2002, the owners, Niagara 21st Group Inc., submitted a site plan amendment application for a 220 sq. metre expansion to the existing restaurant on the first floor of the hotel (see Schedule 2). The expansion of this restaurant would encroach onto the proposed alignment of the Ferry Street extension. The impact of the proposed expansion on the future of the Ferry Street extension is unclear. Although site plan approval has been delegated to the Director of Planning & Development, this matter has been brought to Council for consideration and direction as future development on this property may compromise the above noted Official Plan policy. Discussion: As can be seen in Schedules 2 and 3, the schematic alignment of the Ferry Street extension would mn'directly through the restaurant expansion. Although there is room left over in the parking lot, the room to properly engineer an extension of Ferry Street is reduced. Therefore, it might become difficult to achieve an important component of the Grand Boulevard if future expansions are approved. It should be noted that, other than this concern, the proposed Site Plan complies with the Zoning By-law, there are no other Planning concerns, and the proposed expansion and adjacent parking lot is located on privately owned lands. It should be noted that the Planning Act would not permit the acquisition of an entire street free of charge through Site Plan Control. As a way to satisfy itself that future development would not jeopardize the provision of a link through this property, it is recommended that Council obtain a letter of intent or undertaking from the property owner that future development will not be undertaken until the Functional Design and Feasibility Study is completed and approved by Council. To fulfill the above noted Official Plan policies, it is also recommended that a Functional Design and Feasibility Study be initiated for the Grand Boulevard Scheme. This study should provide design criteria for the Grand Boulevard and public vehicular pedestrian access points. This study should also help guide future development on private property that abuts the Grand Boulevard and its linkages. Such a study would be necessary for the review of future development applications to ensure that approval of these applications does not further compromise Official Plan policies regarding the Grand Boulevard. CONCLUSION: l) To ensure future development on this site does not further compromise a link to the Grand Boulevard, it is recommended that a Functional Design and Feasibility Studybe completed prior to consideration of future proposals to the north and east of the existing hotel. April 15, 2002 - 3 - PD-2002-40 2) Council is also requested to provide direction to initiate the Functional Design and Feasibility Study that will provide design criteria for the Grand Boulevard and serve as a guideline for future development along this corridor. Prepared y: Andrew Bryce Planner 2 Respectfully submitted: John MacDonald Chief Administrative Officer Recommended by: Doug Darbygon Director of Planning & Development ,~[///10roved by: Tony Ravenda Executive Director of Corporate Services AB:tc Attach. FILE: S 5PDRX2002~PD2002 -40.wpd 2-16 4.1.8 The escarpment separating the City and Queen 'Victoria Park shall be protected as a significant environmental feature. Development or redevelopment plans shall not take place within the escarpment area. Pedestrian connections through the escarpment and new developments at its top shall maintain and protect this natural and physical quality. AN INTEGRATED PEOPLE MOVER SYSTEM 4.1.9 The elimination of the railway line, which currently traverses the Central District, is a critical component of this Plan. The railway lands shall be acquired for public transportation purposes in order to improve visitor circulation throughout the core area. 4.1.10 The rail corridor together with Niagara Parks Commission lands shall provide for the alignment of the high tech visitor transportation service linking principle attractions and parking facilities in a looped system. Satellite Tourist Districts shall be connected to the People Mover system through the extension of transit services. 4.1.11 The People Mover shall be fully integrated with the Tourist Area. Stations will be designed to be directly accessible to the street level to service the surrounding area and maximize interaction with adjacent developments. 4.1.12 The People Mover shall: 4.1.13 a) be flexible as to the precise alignment in order to facilitate integration with adjacent developments; b) be elevated through the built-up area to avoid traffic conflicts at street level; c) contain strategically planned stops; d) be environmentally sensitive in design; and e) enhance public and private development. Grand Boulevard is a concept aimed at improving linkages between Tourist Districts, creating street frontages for large development sites and eliminating barriers which restrict the movement and circulation of visitors. With the elimination of the CP rail line as a major impediment to development, the rail corridor can be utilized to expand the existing street pattern to better service the tourist area and its growth potential. 4.1.14 The Grand Boulevard is also a concept aimed at the creation of a new publicly-owned transportation corridor targeted at improving the movement and experience of the visiting tourist. It will provide for the extension of Victoria Avenue southerly to Robinson Street and then to Bucha nan thereby 2-17 4.1.15 ~ 4.1.16 4.1.17 connecting the existing activity node at Clifton Hill to the new activity node in Fallsview. Similar opportunities exist to improve the Portage Road link between Marineland and the Rapidsview amphitheater and the Fallsview subdistrict. The extension of Ferry Street through to the new Grand Boulevard will also serve to create a stronger link with the Lundy's Lane District. The new Grand Boulevard shall provide for a comfortable and animated public street featuring wide sidewalks and a variety of activities and amenities for pedestrians. It shall contain the People Mover where the Grand Boulevard follows the railway right-of-way. Detailed engineering and design studies for the Grand Boulevard follows the railway right-of-way. a) determine the alignment and right-of-way along the full length of the new boulevard required to accommodate pedestrians, bicycles, a People Mover System and automobile traffic; b) identify detailed streetsca pe improvements such as road and sidewalk widths, sidewalk paving, street lighting, the location and type of street trees, street furniture details, the treatment of public utilities in street allowance and signage. Implementation of the Grand Boulevard concept will be considered as part of future undertakings including a Master Transportation Plan update and a Streetscape Master Plan. THE NEW CASINO DEVELOPMENT 4.1.18 4.1.19 4.1.2O The new casino complex on the Murray Hill site shall be consistent with the policies of this Plan and shall make a positive contribution to the public realm of the Niagara Falls Tourist Commercial Area. The area around the new casino development shall become the second activity node in the Tourist Area, with the first activity node located at Clifton Hill and the existing casino. Council shall ensure that both activity nodes remain important tourist destinations, each containing a wide range of commercial uses. Other components of the new casino initiative include an expansion of Marineland and the establishment of an amphitheatre at Rapidsview. This will result in a third activity node being created. Improved linkages between these nodes will be required to ensure that economic spin-offs accrue to the surrounding properties. Figure 2 2-29 Additional Entry Corrido~ from MarineJand Parkwa~ ,, Street System LEGEND Entry Corridor Grand Boulevard Falls Access Retail Street SCHEDULE 1 Subject Land Location Map 5950 Victoria Avenue Niagara 21 st Group Inc. SPC-06/2002 1 :NTS S:~SiI~t~n~SPCFil ~'x200'ZSPC'06kl%tie~.aPr April 2002 SCHEDULE 2 SCHEDULE 3 The City of Niagara Falls Canada 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-2002-36 April 15, 2002 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD-2002-36, Falls Avenue Master Plan RECOMMENDATION: It is recommended that: 1) Council support the conceptual Falls Avenue Master Plan; 2) staffcontinue to work with Canadian Niagara Hotels Inc. to satisfy concerns respecting the proposed sidewalk works, signage (on public and private lands) and traffic safety issues; 3) 4) the applicant provide all required information regarding any encroachments into the Falls Avenue and Clifton Hill rights-o f-way and sign all required agreements prior to construction; the Clifton Hill BIA be consulted with and its comments obtained4p~or"~o [~e~r commencement of construction; and 5) approval be obtained from the Ministry of Transportation (MTO) and the Niagara Parks Commission (NPC) for the aspects of the proposed works under these agencies'jurisdiction. BACKGROUND: In February of this year, Canadian Niagara Hotels Inc. (CNHI) presented concept drawings of its proposal to upgrade the streetscaping and pedestrian-level building fi-ontages along Falls Avenue and Clifton Hill. Referred to as the Falls Avenue Master Plan, the proposal entails: installation of decorative banding and elements within the existing sidewalks; construction of a water feature and enhanced landscaping in front of Planet Hollywood; erection of a rock climbing wall in front of Planet Hollywood; Working Together to Serve Our Community Clerk's · Finance · Human Resources Information Systems , Legal Planning & Development April 15, 2002 - 2 - PD-2002-36 erection of decorative streetlights and traffic signal structures; erection of oversized signage panels on the rear facade and building frontages of the Sheraton-on-the-Falls and on the north facade of the parking structure; the installation of a new crosswalk on Clifton Hill; and use of 2% parkland dedication monies to finance the work. ISSUES AFFECTING THE FALLS AVENUE MASTER PLAN: Staffhas had several pre-consultation meetings and discussions with CNHI. Staffis supportive of CNHI's plans but noted several concerns with the proposed work. 1. Streetscape Master Plan Over the past two years, the MBTW Group and staffhave been working toward the completion of the Streetscape Master Plan. The Streetscape Master Plan outlines the concepts and details involved in upgrading the streets within the tourist area. Streetscaping is required to be provided by developers in exchange for increases in building height, as stated in the Official Plan. The Falls Avenue Master Plan conceptually outlines CNHI's proposal to streetscape Falls Avenue and part of Clifton Hill. The plans do not include elements of greening or traditional landscaping. The Streetscape Master Plan states that although it will be difficult to green the Clifton district in the traditional sense, through tree planting, the pedestrian environment should be enhanced by the use of planters, hanging baskets and "hard" urban design elements such as public art, interpretive elements and paving patterns. These should be all designed around a music theme or telling the stories of the various daredevils who performed on, arotmd, or in, the Falls. The Falls Avenue Master Plan does include decorative paving; the other elements of the Streetscape Master Plan should be investigated further and the plans revised accordingly. 2. Roberts Street The reconstruction of Roberts Street into a parkway setting is the most significant greenspace development in the City. At completion, the visitor travelling east will be greeted with a well treed and landscaped parkway. This same sense of greenery should accompany the visitor through to Queen Victoria Park. If implemented completely, in its present fo, m, the Falls Avenue Master Plan will result in the west side of Falls Avenue being somewhat at odds with the parkway setting of the Roberts Street development. As noted above, the Master Plan includes no plantings, street trees or public art that would tend to soften the hard urban form that now exists along the west side of Falls Avenue. Inclusion of the elements recommended by the Streetscape Master Plan would assist in blending in Falls Avenue with the Roberts Street initiative serving as a new gateway. The Falls Avenue Plan should be revisited by the consultants to review and revise the document in light of the plans for Robert Street, together with the Streetscape Master Plan. April t5, 2002 - 3 - PD-2002-36 3. Sidewalk Paving The proposal involves the installation of decorative bands and elements within the existing sidewalk. Construction drawings of the sidewalks affected are required that illustrate the type and location of the banding, dimension of the sidewalk and the installation details. Staff has requesied these details but they have yet to be submitted. Moreover, Municipal Works staff is concerned with the use of pavers that are not specified in the Streetscape Master Plan. As these pavers do not adhere to the Streetscape Master Plan's standards, it may not be possible to stock, repair or replace them. 4. Water Feature in front of Planet Hollywood An extensive water feature is planned in front of Planet Hollywood. The proposal is to extend the landscaping to the travelled portion of Falls Avenue, eliminating the municipal sidewalk. This would result in the sidewalk and plaza area in front of Planet Hollywood being used as the municipal sidewalk. Municipal Works, in the attached memorandum, state that the existing municipal sidewalk should remain as it will maintain motorists' sightlines when travelling southbound and will afford the opportunity for pedestrians to by-pass Planet Hollywood should the need arise. The water feature will also require MTO approval. 5. Erection of a Rock Climbing Wall CNHI proposes a rock climbing attraction adjacent to Planet Hollywood. In discussions with CNHI, it is apparent that the rock wall is 40 feet high. The zoning affecting the land upon which the rock wall is to be placed limits the height of structures to 35 feet. CNHI has agreed to reduce the height of the structure to 35 feet. 6. Erection of New Streetlights, Traffic Signals and Signage Pylons An integral part of the Master Plan is the erection of new streetlights, traffic signals and signage pylons. Together with decorative sidewalks, these elements provide significant aesthetic improvement to a streetscape. In general, the concepts are reasonable and staff are supportive of the intent. However, as noted in the attached memoranda, several concerns have to be addressed: Deletion of the "Falls Avenue" sign on traffic signal poles. Proposed traffic poles do not conform with Provincial standards. Regional Niagara approval is required for any alterations to traffic signal poles. Wind load analysis on traffic signal poles and light standards for structural integrity. Adherence to Streetscape Master Plan standards. The need for more light standards due to lower illumination levels of those proposed; conflicts with other overhead structures is to be avoided. 7. Signs Probably the element which will have the most significant impact will be the signage panels that are to be erected on the Sheraton-on-the-Falls building and the parking structure. Sign permits are required for all signs proposed. A number of the signage panels are in excess of the Sign By-law regulations. Council will have to grant the appropriate variances subsequent to the review being conducted by Building and By-law Services. April 15, 2002 - 4 - PD-2002-36 It should be noted that some of the signage panels encroach into the Falls Avenue and Clifton Hill fight-of-way. Survey plans are required to detemfine the location and extent of the encroachments. Also, CNHI will have to enter into encroachment agreements with the City in order to permit their placement. Staff has also yet to determine if the "Falls Avenue, the Centre of it All" sign that is placed on light standards, traffic signals and throughout Falls Avenue is a third-party sign. If so, the Sign By-law prohibits private signs on public lands and would not be permitted. The NPC, in the attached memorandum, states that certain electronic signs are not permitted by the NPC and require its approval. 8. Crosswalks A crosswalk is proposed to cross Clifton Hill between the west exit/entrance to Queen Victoria Park and the Rainforest Cafe. Parking and Traffic Services does not support the crosswalk. Visibility and sightlines of the eastbound drivers are the major concern and that there is a crosswalk (at the intersection of Falls Avenue and Clifton Hill) in close proximity. Details are included in the attached memorandum. 9. 2% Parkland Dedication CNHI has requested that the installation of the streetscaping be credited toward their payments for 2% parkland dedication for the conference centre and Planet Hollywood. Section 42 of the Planning Act permits municipalities to collect monies in lieu of parkland dedication or to require dedication of land. The Act is very specific as to how monies collected are to be used: Special account- s. 42(15) All money received by the municipality under subsections (6) and (14) and all money received on the sale of land under subsection (5), less any amount spent by the municipality out of its general funds in respect of the land, shall be paid into a special account and spent only for the acquisition of land to be used for park or other public recreational purposes, including the erection or repair of buildings and the acquisition of machinery for park or other public recreational purposes. 1994, c. 23, s. 25, part; The work proposed constitutes streetscaping of a public road allowance. As a road allowance is not a park or lands meant for public recreational purposes, any monies expended by the proponent to implement the Master Plan works cannot be credited toward 2% parkland dedication. REVIEW AND APPROVAL PROCESS: The streetscape works conceptually outlined in the Falls Avenue Master Plan are a major undertaking. As is clearly seen from the above discussion, the issues concerning the project are significant and substantive. While being supportive of CNHI's efforts, staff needs to address long- range safety, maintenance, budgetary and liability aspects. Staff has not been afforded sufficient opportunity to properly review the project and, as such, questions and concerns are still unanswered and require further information for CNHI. April 15, 2002 CONCLUSION: - 5 - PD-2002-36 The Falls Avenue Master Plan is an ambitious proposal to upgrade the Falls Avenue and Clifton Hill streetscapes. It 'is laudable that CNHI should propose such works. Once the comments and concerns noted above have been satisfied, the comments from the Clifton Hill BIA obtained, and appropriate approvals obtained from the MTO and NPC, staff should be in a position to advise Council in greater detail. Respectfully submitted: John MacDonald Chief Administrative Officer Recommended by: Doug DarlSyson Director of Planning & Development Approved by: Tony Ravenda Executive Director of Corporate Services JB:tc Attach. S:~DR~2002~PD2002-36.wpd The Niagara Parks Commission P.0. Box 150, Niagara Fails. Ontario. Canada 1.2E 6T2 Brian E. Merrett John A,M. Kemahan Ontario g~erel Man,Oar Mr. Doug Darbyson, Director of Planning City Hall 4310 Queen Street Niagara Falls, ON L2E 6X5 Dear Sir: E-Mail: npinfo~niagaraparks.com Web Site: http;//www, niagarapad~s.ce~n Telephone 905/356-2241 Fax 905/354-6041 Engineering Fax: 9Q51356-7262 E.Mail: npceng@niagaraparks.com April 11,2002 Planning Scanned RE: FALLS AVENUE MASTER PLAN Niagara Parks Commission (NPC) Planning spoke today with a representative of Canadian Niagara Hotels (CNH) regarding our April 8~h letter to the City of Niagara Falls and the Falls Avenue Master Plan. Many of the items brought forward, in our previous letter have been dealt with and we now submit the following. Scrolling signs, tri vision signs, LED screens and third party signs are not permitted under the NPC sign policy and therefore require Commission approval. CNH and the NPC are to meet and discuss wording on signs adjacent Niagara Parks properties prior to installation. Canadian Niagara Hotels and The Niagara Parks Commission will continue to cooperate with respect to this Falls Avenue Master Plan. Yours truly, David Gillis Manager Planning and Properties CC: Regional Public Works Ministry of Transportation City of Niagara Falls - Engineering R'EC /ED APR 1 2 2002 Corporate Services Department Planning & Development Inter-Departmental Memorandum The City of ~1~,~ .iogoro Foils I - To: Alex Hertovitch April 8, 2002 Deputy Director of Planning & Development From: Subject: William Clark Senior Zoning Administrator Extension 4233 Falls Avenue Streetscape Plan Zoning Comments Upon review of the documents I wish to provide my preliminary comments. Please note points 1 and 2 may not reflect zoning by-law issues. Status and need to have license agreements completed between the Canadian Niagara Hotels and the City regarding possible building encroachments onto Falls Avenue by the Sheraton Foxhead Hotel. Additional agreements and/or approvals may be required with regard to proposed signage and other proposed structures that may encroach onto Municipal/MTO property; that would also include the existing fountain by Clifton Hill. "Proposed Rock Climb Attraction':. The height of the proposed structure is 40 feet whereas the by-law permits structures to have building heights of not greater than 35 feet. The location of the structure falls within the jurisdiction of By-law 5335,1955. Please note that lands noted as Block 25, also owned by the applicant, are zoned Tourist Commercial in accordance to By-law 79-200 which permits building heights of 40 feet. The issue of height could be elevated if properly re-located onto that parcel. Further discussions may be warranted. WC:gd c. R. Kallio In addition, the location of this structure with respect to the limits of the property owned solely by the applicants has not been clearly identified. There would be concern if any part of said structures or other elements which may encumber other lands, ie. Municipal, MTO, etc. Clarifications are required. S:\TOURISMXStscapMPXFallsAveMP\WC Zoning Comments.wpd Wor[~ino T00et~er to Serve Our C0mm~,it~ Community Services Department Parks, Recreation & Culture Inter-Departmental Memorandum To: Doug Darbyson, April 8th, 2602 Director of Planning and Development From: Adele Ken, Director of Parks, Recreation & Culture Extension 4507 Subject: Falls Avenue Masterplan - Proposal by Canadian Niagara Hotels (CNH) In response to Alex Herlovich's memo dated April 3~, we have the following comments: Overall Comments - The animation and graphic design within this proposal is very attractive and inviting for the tourist industry in this area and CHN should be congratulated for taking such a dynamic approach to their properties. However, the City is working hard at creating an integrated streetscape program for each tourist di~Uiet having the various BIA's input. Each developer / landowner within the Clifton Hill Tourist District must work at blending their property streetseaping into the City's Streetscape Masterplan' s theme and landscape to achieve a harmonious final product. Celebration Place (Clifton Hill & Falls Avenue) - The CI-IN's proposal must be modified at this comer to tie in with the Clifton Hill Tourist Diutdct theme of'music'. Music elements should include paving patterns, banners, interpretive panels and columns that tell the story of music as part of our culture. Street Trees - Street Trees are to be located along Falls Avenue where ever possible. The typical tree guards, concrete tree caps and precast planters for trees as specified in the Streetscape Masterplan are to be incorporated into this design. Where trees cannot be accommodated the typical precast concrete planter with tuteur should be used. Streetscape Elements - Other streetscape elements such as the banner pole, garbage receptacles, benches, bicycle rocks, and typical bollards should be incorporated into this design along Falls Avenue. Signage - Way finding signage, bus stop, no stopping, no parking signs should be designed and become part of the Sign Projects report to be incorporated into the streetscape. Lighting - More details are required on the proposed light standard. Site Plan - The revised landscape amenities for Planet Hollywood Restaurant will have to go through the Site Plan process for approvals. We would appreciate you inviting Jamie Douglas, our City Landscape Architect to all future meetings pertaining to streetscape development to ensure it is consistent with our new Streetscape Masterplan do~ih--~t. Should you have any questions with regard to the above, please call m.m~catqour4:onvenien~ce] Thank you. / . /~( JD t Adele Ken Copy: Bob Bolibmck, Manager of Community Development and Landscape Design Jamie Douglas, City Landscape Architect From: Bob Judge To: Alex Herlovitch Date: 4/5/02 11:02AM Subject: Falls Ave. "Streetscape" Alex; Some information from our point of view that you may need for Council Mtg.; 1 ) The properties involved are at their maximum allowable signage at the present; 2) Total Proposed signage is an additional 61 signs - 38 of which are shown on either City or Parks Commission Property (possibly more); 3) It appears that some of the projecting signs may be over City property ( possible encroachment agreement); 4) There may be a conflict at the traffic signal ( check with Traffic Division); 5) Wall signs proposed exceed the maximum square footage allowed ( 150 sq. ft. max'm ); 6) Wall signs and projecting signs will require a structural engineer design; I may not have pointed out all of the requirements due to time restraints, but basically Sign Permits are necessary. However before they can be issued Council approval for all signs is required along with more specific details of the individual signs are needed,( also some other approvals Niagara Parks Comm., MTO, etc.). Bob CC: Mel Brown Community Services Department Municipal Works Inter-Departmental Memorandum To: John Barnsley April 10, 2002 Planner 2 lhe City of ~1~ From: Marzenna Carrick, C.E.T. Manager of Traffic Operations Extension 5204 Subject: Falls Avenue - Streetscape Master Plan Submission by Canadian Niagara Hotels This memo is prepared in response to the following documents: · Falls Avenue Master Plan (April 2002) prepared by Forrec Ltd. on behalf of Canadian Niagara Hotels (CNH) · Falls Avenue Streetscape Sign Projects prepared by Signage Systems on behalf of CNH · Falls Avenue Master Plan (Streetscaping) Commentary on Transportation Operations and Safety Aspects of the Plan prepared by Synectics on behalf of CHN In summary, I have the following comments to offer related to traffic issues: · The proposed crosswalk on Clifton Hill 50m west of Falls Avenue is not supported · During our meeting with Mr. M. DiCienzo, on March 21, it was agreed that the 8'6" x 2' "Falls Avenue" sign would not be installed at locations with traffic signal poles. Instead, the oval pylon sign (as on the street light standards) was deemed to be sufficient. The revised drawings do not reflect this modification. · Again, during our meeting of March 21, I understood that the existing traffic signal poles would be maintained and retrofitted with top mounted brackets to support the oval "Falls Avenue" pylon signs and retrofitted with a skirt at the base. The revised drawings identify the replacement of all traffic signal poles, and the proposed poles do not conform to OPSD standards. It is presumed that a substantial costs will occur if the poles are replaced, as the anchor bolt patterns vary and theretbre, it is highly likely that not only the poles will need replacement, but also underground work carded out. Prior to agreeing to a specific pole type, it is suggested that the Region of Niagara be requested to comment, as they carry out installations and maintenance for city traffic signals. The Region of Niagara is in the process of standardizing a decorative style traffic signal pole that would be used throughout the Region. The advantage of a standardized traffic signal pole is that the poles will be readily available should they need to be replaced following a traffic accident. By installing unique poles on Falls Avenue different than from the rest of the city · the possibility of not having a replacement in due time is of concern · the additional cost of manufacturing a unique pole when replacement is required will more than likely be borne by the city It is suggested that specific traffic signal poles, unique to Falls Avenue not be used; instead a decorative style pole as proposed by the Region be used when available. The cost for replacing all traffic signal hardware needs to be addressed. · Wind load analysis of the pylon signs on the traffic signal poles and light standards is required to ensure structural integrity. Page -2- · Due to the conceptual nature of the document, the available line of sight for motorists is not able to be determined to identify whether any of the proposed signs will obstruct traffic signal indications, overhead guide signing or regulatory side mounted sign installations. Synectics, commented on this issue and also identified that additional informati6n is required. · All signs proposed on Falls Avenue north of the USA bridge require MTO approval. The drawings identify that an 8'6" x 2' Falls Avenue pylon sign is proposed within this area on Falls Avenue, adjacent the Planet Hollywood property and across the road. It appears that these signs will overhang Falls Avenue, however, due to the conceptual nature of the drawings, this cannot be confirmed. · The underground wiring for the light standards on Falls Avenue adjacent the Planet Hollywood property may not be easily accessible when the area is developed with the rock garden and waterfall. The design should ensure that clear and unobstructed access to all electrical plants is available. Hydro review and approval is suggested to ensure that electrical standards are maintained with respect to the proposed location of the light standards and the proposed waterfall feature. · The development of the waterfall, rock climb, rock garden, shrubbery etc. adjacent Planet Hollywood property is subject to approval of the MTO. as it is understood that at least a portion of the property is leased from the MTO. Furthermore, I have addressed the specific items as per the document submitted by Synectics and have the following comments to offer: Item 1 - page 3-5 (Proposed patterned crossing on Clifton Hill...) The patterned crossing proposed by CNH is located 50m to the east of the Falls Avenue ~ Clifton Hill signalized intersection. As per the streetscape plan submitted, the crossing is to be identified by interlocking brick embedded between the asphalt surface on Clifton Hill and will extend across 4 lanes of traffic; 1 westbound through lane, 1 westbound left turn lane, and 2 eastbound through lanes. Of concern is the stopping sight distance available for eastbound motorists when viewing pedestrians at the crossing, which is on a curve to the right and an 8% downgrade. Stopping sight distance is the length of the road visible to the driver. Synectics report states that "Eastbound drivers are afforded a relatively unobstructed view of the proposed crossing location". The available stopping sight distance at the proposed crossing, based on the findings in the Synectics report, is 67m. This sight distance is 7m above the minimum sight distance for 50kn~, however, the when the grade of Clifton Hill is incorporated into the calculation, the minimum required sight distance increases to 75m, which is below the available distance. In addition, the "gradient provides the approaching driver with a higher height-of-eye than would otherwise exist". This higher line of sight may preclude motorists from adequately viewing children in the crossing, particularly when initially stepping offthe sidewalk. It was further noted that the light standards and the garbage containers attached to the light standards somewhat obstruct eastbound motorists view of pedestrians on the sidewalk that may be waiting to cross Clifton Hill at this location. Studies carried out by the U.S. Department of Transportation, Federal Highway Administration, conclude that "traffic and roadway factors found to be related to a greater frequency of pedestrian crashes included higher pedestrian volumes, higher traffic ADT, and a greater number of lanes". The report submitted by Synectics, as quoted by Zegeer (Zeeger, 1999) found no measurable Page -3- difference in safety performance between marked and unmarked crossing of two-lane roads, and of multi-lane roadways with an Average Annual Daily Traffic of less than 10,000 vehicles/day. The report continues to state that the calculated traffic based on factoring the peak hour volume is 6750 and 9440 vehicles/day. In 2001, as part of the cities Traffic Count Program, a 24 hour traffic volume study was completed on Clifton Hill. The summer average daily traffic volume obtained on Clifton Hill was 18,881 vehicles in a 24 hour period. This volume is substantially higher than what was identified by Synectics and is substantially above the 10,000 vehicle threshold. In fact, due to the high traffic volume on Clifton Hill, the existing three unmarked crossings should be reevaluated. Pedestrian generators are located along the entire extent of Clifton Hill ie. popular fast food establishments, a variety of souvenier shops, arcade/entertainment complexes etc. Furthermore, on the south side of Clifton Hill, the redevelopment of the Oakes property will introduce additional major pedestrian generators. Should crossings be provided at locations where pedestrian crossings occur or may potentially occur, Clifton Hill would be inundated with crosswalk markings. Synectics identifies that the proposed location of the crossing is logical as it connects two substantial pedestrian generators, however, there were no pedestrian counts or observations that confirmed the number of crossings. Therefore, in view of the above, staff is not supportive of the placement of an additional unmarked crossing on Clifton Hill. Item 2 -page 5 (Sidewalk surface treatment...) Maintenance/replacement of the decorative treatment and the stocking of spare material needs to be addressed. Information regarding this concern may be forthcoming from engineering staff. Item 3 - page 5 (Pedestrian storage and visibility...) Further details as to the dimensions of the structure on the northwest quadrant are required. Synectics report states that "pedestrian storage and visibility concerns have been taken into consideration since the initial concepts were developed", however, there are no details ie. dimensions provided. Visually, the structure appears to reduce the sidewalk width considerably and thus may obstruct the direct passage for pedestrians crossing Falls Avenue and Clifton Hill. Item 4 -page 6 (Traffic and pedestrian signal display...) Staff concurs with the statement in the report that "it is not possible to determine, with precision, the relative position of the various visual elements within the northwest quadrant of the intersection, based on initial conceptual drawings." Further review of the visibility of the signs is required. Item 5 - page 6 (Wayfinding signs...) Staff concurs that the standardized roadway signing ie. street name signs with 20cm letter heights should be retained on the primary mast arms at signalized locations. Installation of larger street signs at signalized intersection is the practice within Niagara Falls, and is being adopted by the Region of Niagara. This practice provides consistency throughout the city. Page -4- Item 6 - page 7 (Roadway Illumination...) Staff concurs with the comments as additional detail is required to determine whether the proposal provides sufficient lighting for pedestrians and motorists. Additibnal comments regarding illumination may be forthcoming from engineering staff. The proposal identifies a total of 27 light standards; 10 with illuminated top headers; 17 without top headers (as a light standard only). There is no information on the drawing as to which ones are placed where. Item 7 -page 7 (Banners on luminaire...) Staff concurs with the comments, however, wind load studies will be necessary to ensure the integrity of the structure as the sign is 3' high by 4'8" wide. Item 8 -page 7 (Light trespass...) Staff concurs with the comments as additional detail is required analyze. Item 9 -page 7 (Right-in, right-out..) The crosswalk across the access to the CNH parking garage located on Falls Avenue between Planet Hollywood and the hotel is proposed to be skewed to the northwest directing pedestrians to a passageway through the Planet Hollywood property. Based on the drawings provided, there is insufficient infmmation as to the visibility available for southbound motorists viewing pedestrians crossing when entering the garage. The conceptual drawing depicts rock structures and plantings that may affect visibility. MTO comments should also be solicited as the garage entrance is off Ministry jurisdiction right-of-way. Iteml 0 - page 8 (Realignment of curb face sidewalk..) The removal of the existing sidewalk from Bender Street will force pedestrians to proceed through the Planet Hollywood property. Sidewalks placed farther from the traveled lanes are preferred, as indicated in the Synectics report, however, providing access through private property is not typical. Further comments from engineering staffmay be forthcoming regarding this matter. Iteml I - page 8 (Installation of signing pylons) Further to the comments submitted by Synectics, the following need to be addressed. Item 12 -page 8 (Replacement of existing traffic signaL..) Although the design of a traffic signal pole is provided in the document, there is no information as to whether the poles meet Ontario Provincial Standard Specifications. Replacement of the existing poles will more than likely require a complete rebuild aboveground. Maintenance issues regarding the stocking of non typical poles in case of accidents needs to be addressed. Item 13-page 9 (Rock pooL..) The property that the rock pool is proposed to be constructed on are lands belonging to the Ministry of Transportation. It is imperative that all documents are submitted to the Ministry for Page -5- their review and comment. Applications and approvals for all signs, construction etc. must be made to the Ministry. The rock pool will consist of low pressure water jets. As the jets will be 6perating year round, additional information pertaining to how the mist will be confined is required. The aforementioned issues require further information and clarification prior to staff being able to support the document. I trust that this information is satisfactory. c. Geoff Holman S:\TRAFFIC\Siteplan Comments~2002\Falls Ave str¢¢tscape CNH 5.wpd Community Services Department Municipal Works Inter-Departmental Memorandum To: John Bamsley Planner 2 From: Subject: Date: April 11,2002 Geoff Holman, C.E.T. Manager of Development Ext. 4219 Falls Avenue Streetscaping Project Technical Review Our File: G-190-21 the CiW of Niclgoro Foils Municipal Works staff have completed a technical review of the proposed streetscaping on Falls Avenue and have the following comments for your consideration. 1. Boulevard Feature - Falls Avenue ~ Bender Street (Planet Hollywood) The sketches show an attractive water feature constructed adjacent to the curb at this comer and it appears that the existing 1.5 m curb-face sidewalk will be removed. While we agree with the Synectics report that pedestrians are safer when further away from travel lanes, we are concerned that pedestrians not wanting to use the Planet Hollywood courtyard for whatever reason, (congestion, closure), may have to use the roadway to bypass this area. Staff have concerns about sight lines, particularly southbound movements from Bender Street onto Falls Avenue, and the retention of the curb-face sidewalk will, at least, ensure that the water feature is set back sufficiently to allow motorists to view the pedestrian activity around the comer, and give pedestrians an opportunity to view the water feature from the street side. 2. Streetscape Materials While there is no technical argument to be made regarding the suitability of the proposed paving stones, streetlight poles and street furniture, our staff do want to point out that by allowing the use of materials that do not match those specified in the Streetscape Master Plan, it may not be possible to stock, repair and replace these materials with exact replacements if they are damaged or removed. Adherence to the adopted standards will ensure that the theme and aesthetics intended by the streetscaping effort will be maintained over time. Wor~iu~ To~et~er to Seroe Our Comm~nit~ ] Roadway Illumination The use of lower level, decorative streetlighting will, by necessity, result in the need for more light posts in order to meet minimum illumination requirements. The additional light poles must be located in the boulevard area which is already below standard width. The streetlighting should be designed such that there are no conflicts with the overhanging canopy, especially in the south end. It is assumed that no lighting changes are proposed on the east side of Falls Avenue. Process Municipal Works staff are supportive of the concept but have not had sufficient time to analyse the impacts that this development and the associated public realm features will have on motorists and pedestrians as they relate to pubic safety. We also recognize that we shouldn't stifle innovation and the creation of opportunities initiated by development. Accordingly, it would be appropriate to approve the concept of the proposed streetscaping with the condition that only upon completion of the necessary review and approval of the detailed drawings to the satisfaction of the Director of Municipal Works, should authorization to commence construction be permitted. GH:Ib Manager of Development S:\I General Files/G-190-21 Streetscape Mzster Plan\Technical Review Apr 02wpd Corporate Services Department Planning & Development Inter-Departmental Memorandum 1'he Cily of Niagara Fails ll~J To: Doug Darbyson Director of Planning & Development February 14, 2002 From: Alex Herlovitch Deputy Director of Planning & Development Ext. 4231 Subject: Attributes of CNH Falls Master Plan I see many positive features to the Falls Avenue Master Plan. The approach by Canadian Niagara Hotels (CNH) to address all of its street frontage through a master plan is a good approach. The plan calls for the embellishment of sidewalk details through the addition of brick bands, granite paving bars and "starburst" treatments in key locations. The use of starburst decoration for emphasis and to create focal point areas is a good idea and should be strategically placed. The scheme to enrich the west side of Falls Avenue (and a portion of Clifton Hill) may give the appearance of reduced standards throughout the rest of the district and lose the continuity intended. The opportunity exists to include the east side of Falls Avenue to address more than just the comer of Oakes Garden Theatre. Opening the comer of Oakes Garden Theatre to the Clifton Hill/Falls Avenue intersection can easily tie into the "Music Place" theme of the Streetscape Masterplan. The possibility exists to create a music motif within the gateway to this underutilized entertainment venue. Such a concept should be discussed with the NPC and incorporated into the illustrations on page 9 of the Falls Avenue Master Plan. This theme should also be extended to the other quadrants of the intersection. A mid-block crosswalk is proposed across Falls Avenue from the Sheraton-by-the-Falls conference concourse to the Oakes Garden Theatre. It appears that a new entrance to Oakes Garden is proposed at this point and discussions should be initiated with NPC to explore the possibility of implementing this concept. Certainly a safe and clearly defined crosswalk is needed on Falls Avenue. The full potential of this crossing should be developed further with regard to foot and vehicular movements. Embellishment of the entertainment potential in from of Planet Hollywood reinforces the sub- district's role of providing enjoyable tourist experiences. The obvious intent is to build on the sense of adventure already provided. The idea of building on daredevil activities extends the theme proposed for Clifton Hill in the Streetscape Master Plan. The possibility also exists to provide for acts of heroics associated with the dramatic rescues conducted in the River and gorge. This may help create a balanced view of thrill and risk. The proposal to strengthen the access to and from Queen Victoria Park through the pedestrian entrance (slightly to the east of the Mowat Gate) should be considered in greater detail. The proposal for a rock "canopy" on the sidewalk to decorate the pedestrian entrance from Queen Victoria Park Wor~ Tooe~er to Serve Our Communit$ -2- needs more discussion. Similarly, a pedestrian crosswalk from this entrance to the Rain Forest Caf6 plaza area needs to be examined more closely. An unregulated pedestrian crossing already exists approximately 15 metres (50 feet) further uphill. The Falls Avenue Master Plan promotes the use of signage to enliven the street. The use of signs has both merit as well as drawbacks. Signage used to direct and welcome the visitor is beneficial. However, the number of pylon signs (in front of casino, entrance to Duty Free, Planet Hollywood and Custom's service entrance) which overhang the street and encroach on public realm is a concern unless there is a specific purpose. The video sign on the Sheraton Hotel just above the traffic signals should be examined relative to safety issues. The fashion sign panels fastened to the metal grid on the Sheraton Hotel should be reviewed relative to the overall image intended by the Streetscape Master Plan. In this regard, John Barnsley's memo provides additional insight. It is obvious the sign industry is changing and the municipality must reassess its position in order to keep pace. While Canadian Niagara Hotels has specifically addressed its properties and potential, the Falls Master Plan document presents a springboard for discussion for the balance of the street and its integration within the tourist district. The Plan provides a visionary view of what can happen to reinforce the vibrant festive atmosphere associated with the Clifton Hill Tourist Subdistrict. It is possible this document could be refined to provide the overall guidance intended. AH:tc S :\TOURIS M\Stscap MPkFallsAveMPkAHcomments.mem.wpd Corporate Services Department Planning & Development Inter-Departmental Memorandum To: D. Darbyson February 1, 2002 Director of Planning & Development From: J. Bamsley Planner 2 Ext. 4247 Subject: Falls Avenue Master Plan As requested, I have reviewed the Falls Avenue Master Plan prepared by Forrec Ltd., for Canadian Niagara Hotels Inc., against the Streetscape Master Plan. Canadian Niagara Hotels Inc., should be applauded for the efforts to enliven Falls Avenue and the lower end of Clifton Hill. In general the concepts are good; the "portal" at Casino Niagara, accentuation of two of the comers at Falls Avenue and Clifton Hill, the additional landscaping at Planet Hollywood and the paving details will all assist in the much-needed upgrading of the street. That being said, there are some concerns I do have with the plan and also its conformity with the Streetscape Master Plan. Generally, the plan seems to rely on signage for animation of the street. There are large, multi-storey signage panels on the rear of the Sheraton (at Clifton Hill), on the Sheraton at the comer of Falls Avenue and Clifton Hill and the north elevation of the Brock. A significant amount of signage is also located along the second (and possibly third) floor(s) of the Sheraton along the Falls and Clifton frontages. These appear to be third-party signage and video display type signs. The Streetscape Master Plan states that, although it will be difficult to green the Clifton district in the traditional sense through tree planting, the pedestrian environment should be enhanced by the use of planters, hanging baskets, and "hard" urban design elements such public art, interpretative elements and paving patterns. These should all be designed around the theme of music or telling the storey of the various daredevils who performed on, around or in the Falls. The reliance on signage for enhancement does not provide for a pedestrian realm as envisaged by the Streetscape Master Plan. Signage should be reduced, with the elements noted above included and designed around the themes. Bollards should be included along the street frontages for pedestrian safety due to the curbface sidewalk. The Streetscape Master Plan proposes a celebration place (Music Place) at Clifton Hill and Falls Avenue. While the Falls Avenue Plan proposes enhancement and improvement of north comers, there appears to be no theme to the design, let alone that proposed by the Streetscape Master Plan. While there is no portal to mark the entry to Clifton Hill on Falls Avenue, the one proposed at the entrance to the parking structure is a good idea. The portal should, however, be devoid of signage and be strong, vertical architectural elements. W0r~n0 Tol~et~er to Serve Oar Comm~mit~ 2 Some detailed comments: · Sidewalk cafes are proposed in front of the Brock. Is there room? · What is the "big rock" in front of Planet Hollywood? · The Falls Avenue sign appears to be too big and obtrusive. It should be smaller in keeping with the entry gate design (which is a nice detail). · The benches and trash receptacles should be in keeping with those in the Streetscape Plan. JB:arn S:\TOURiSM~StscapMP~FallsAveMP~,DarbysonFallsAveM P.wpd [ TOSHI TAKI[SHITA (MR.) DUV~ct Dial: (416) 369-4347 E-mail: ttakishita~tlpanners.ea File No.: 2000046 BY FAX ] ONLY April 11, 2002 Ms. Susan Scerbo Secretary-Treasurer Niagara Falls Committee of Adjustments 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 5X5 Dear Ms. Scerbo: Re: Council Meeting of April 15, 2002 at 6:00 p.m. As you are aware, we are the solicitors for Beefeater (Niagara) Limited and C.I. Burland Properties Limited, being the owners of the land adjacent to the lands owned by the Canadian Niagara Hotels Inc. On April 11, 2002, we were advised by Mr. John Bamsley of the City of Niagara Falls that the Falls Avenue Master Plan (the "Master Plan") will be considered by City Council on Monday, April 15, 2002 at 6:00 p.m., at a meeting to be held in the Council Chambers, 2nd Floor, City Hall, 4310 Queen Street in Niagara Falls. We confimt that our client has been provided with a copy of the Streetscape Plans proposed by Canadian Niagara Hotels Inc (the "Streetscape Plans"). Please be advised that we will be attending this meeting with our client to make submissions regarding the Master Plan and the Streetseape Plans. Accordingly, we ask that you or your staff kindly provide our office with a meeting agenda and any information relevant to the proposed Streetseape Plans but not yet provided to our client, if any, prior to April 15, 2002. Please contact me at (416) 369-4347 if you would like to discuss this matter further. Yours very truly, TREMAYNE-LLOYD PARTNERS Toshi Takishita c. Doug Darbyson, Director, Development and Planning Department c. Charlie Burland HlP~. FRLL$ CLEEKI '0~ 04C~ Royal Canadian Naval Association N. iagar Region. / April 4, 2002 City Hall 4310 Queen Street P.O. Box 1023 Niagara Falls, Ontario L2E 6X5 ATTENTION: Mr. Dean Iorfida City Clerk Dear Sir: Re: PROCLAMATION It is respectfully requested that the Niagara Falls City Council inclusive, as "Battle of the Atlantic Week," during which time the could be flown at Niagara Falls City Hall. This request is also bein City Councils. We would appreciate also, being given authorization to conduct Monday, April 29th, in front of City Hall at 9:15am. Similar servic~ Catharines and.(pm at Welland City Hall. t. ILC.N.A., Niagara Region, would like to take this opportunity t( aforementioned to City Council on our behalf, and we trust we ma~ convenience. Should you rgquire additional information, please contact our ~ (905) 353-1626. Yours truly, ROYAL CANADIAN NAVAL ASSOCIATION NIAGARA REGION Christine Draper, S~7~' Cc: J.V. Blackburn, President Lee Cook, Master-At-Arms oclaim April 29n - May 3rd, 2002 'aditional Navy Flag, the White Ensign, made of St. Catharines and Welland short Flag Raising ceremony on ; are scheduled for 1 lam in St. thank you for presenting the look forward to a reply at your earliest aster-at-Arms, Lee Cook at: CANADIAN MENTAL SULERKS L~.02Li:~ ,EALT. ASSOC Sr ' L'ASSOCIATION CANADIENNE POUR LA SANTI5 MENTALE February 21, 2002 Mr. Dean Iorfida City Clerk City of Niagara Falls 4310 Queen Street Niagara Falls, ON L2E 6X5 Dear Mr. Iorfida: Since 1952, Mental Health Week in Canada has traditior week of May. The official date for this week is Monday The Canadian Mental Health Association, Niagara Brant opportunity to ask you to officially declare Mental Healt Falls. We have enclosed a suggested wording for a declaration convenience. Please feel free to alter the wording or to i words. We would also like to have an official flag raisir 11:00AM with the Mayor as part of the declaration. A tn Board Member will be in attendance. As you know, the purpose of Mental Health Week is to ~ necessity for emotional well-being and to alert them to tl health in our community. We would appreciate your hel officially declaring Mental Health Week in the City ofl~ Yours truly, John Kelly President, Board of Directors PLAN JK:dd cc. Karen Robson, Mental Health Resource Centre ~ \\SERVER\SYS\User\ALL\Word Documents\Administration\AGENCY\Iv Week Letter(NF).doc 15 Wellington Street, St. Catharines, Onta A Member of Fort Erie Satellite Office: 230 Bertie Street, Fort E~ the United Way Mental Health Resource Centre: 5841 Ferry Street, Niag; Charitable Registration No. 13053 295,~ Niagara Branch Administration Office FO. Box 1251 Fonthill, ON LOS 1E0 Tel: 905-641-5222 Fax: 905-892-1993 emaik cmhaniag @ iaw.on.ca lly been held during the first May 6 to Sunday May 12, 2002. .h would like to take this Week in the City of Niagara This is merely for your 5sue the declaration in your own g on Monday May 6, 2002 at ember of our staff as well as a emind our fellow citizens of the te issues surrounding mental p in supporting our efforts by iagara Falls. lING MEETING afl ental Health Week~2002WIental Health io L2R 5P7 e, Ontario L2A 1Z2 tra Falls, Ontario L2G 1S9 RR0001 Ministry ol Health and Long Term Care The Mayor and City Councillors, In approximately one month, the Will course, iue -ege.u be ope south of Niagara Falls. This course will be a tribute to th~ Commission. They are Lo ue comi ingenuity and fore-sigh in bringin Falls area. In conjunction with tht Complex, this will encourage out- United States to visit our country and play a round or two. As a golfer, I too would like to upon inquiry i found the rate of $85.00 U.S. to be rather experts with other first class course in th~ privately owned and operated, bt rather high. ! think that the rate should be at par with the U.S. go ity of Niagara Falls magnificent golf ning in Chippawa, just ., Niagara Parks nended for their g this attraction to the ; Cas,.i,n_o Niagara neignDours from the and hopefully stay ,y The Legend, but 130.00 Cdn. Or /e. This rate is in line !.a~ea that are IL mufti puummc course For Ontario golfers Ifer. We, who are on a fixed income c, ~rom ute weak Canadianuu.ar.~-"-- ~ the past 15 or 20 years need the! qenerosity, of the mur~icipalities and'government tb-be able to pursue recreational endeavours, i )uld surely use a break ~e, who have retired in our The purpose of this letter is to sc have ~'- - L[]U cornrnissior~ accept our American counterpart. Thank you for your consideration Bob Rodger, 127 Westwood Cr., WELLAND, Ont. L3C 4R2 licit your support to fees at par with our PLANNING NEETING~APR 1 5 Z~ i O[-RGE Or, THE MR~IOR The City of Niagara Falls Canada 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) 356-2354 E-mail: darrells@city, niagarafalls.on.ca His Worship Mayor Wayne Thompson and Members of the Municipal Council City of Niagara Fails, Ontario Members: Re-' MW-2002-08 Policy and Procedures for Road Oc RECOMMENDATION: It is recommended that the City of Niagara Fails adopt the P( Occupancy Permits and pass the associated Access By-law a BACKGROUND: The purpose of the Road Occupancy Policy is to regulate cot works to be undertaken on City property, and to restore the completion of work. At present, the Municipai Consent Policy deals with Utiliti¢ municipai road ailowance, however, there is no policy which such, depending on the contractor, the road cut may not be re this occurs it becomes a long term maintenance cost, it genez and it reduces the effective life of the road. The objective of the Road Occupancy Policy is to ensure tha' construction is achieved on restoration of road cuts. A consi ensure that all projects are processed and undertaken in a sin acceptable restoration. PROCESSING The application for a road Occupancy Permit will be process Municipal Works. It is the intention of staff to process the a[ depending on the number of applications received. The foll~ permit process: Municipal Works Working Together to Serve Our · Fire Services Parks, Recreation Ed Dujlovic, P. Eng. Director MW-2002-08 tpril 15, 2002 :upancy Permits ,licy and Procedures for Road id Obstruction By-law. tractors who apply to.the City for te to acceptable City standards upon and their contractors with'm the deals with private contractors. As instated to City Standards. When ates numerous resident complaints a uniform and acceptable quality of ~tent and equitable system can .ilar manner, yielding similar and :d by the Engineering Section of plications within five working days ~ing is a brief summary of the 'ommunity Culture · Business Development 2002-04-15 2 MW2002-08 Application forms will be available at the Service Centre, Building Counter and Engineering Counter. This ensures that the public and private contractors will be able to complete the application form in association with any other application for permits, ie building permits. The completed forms are forwarded to the Manager of Construction for processing. The Manager of Construction will coordinate the processing of the forms with the Parking and Traffic Section, the Building Section and Parks and Recreation as required. The required security deposit is calculated. Once the permit is issued, the private contractor has two weeks to commence the work. Unless an extension is requested and approved, if the work has not commenced within two weeks, the permit is null and void. The contractor is responsible for contacting the City when the works commence. The Manager of Construction will arrange for inspection. If the contractor does not contact the City upon commencement, the Manager of Construction may cash the security deposit or extend the maintenance period to ensure that the road cut is properly restored. Upon completion of the work, the contractor notifies the City by returning the permit and requesting a final inspection. Any deficiencies must be repaired by the contractor. If the contractor refuses to repair deficiencies, than the security deposit is cashed and the work is done by the City. Once the maintenance period is complete, the security deposit (less any portion used for repairs) is returned. Council's concurrence with the recommendation made would be appreciated. PreP/are~d~y: Manager of Engineering Services f/,x3tfully Submitted by: John MacDonald, Chief Administrative Officer Recommen/~ted by: Ed Dujlovic, P. Eng., Director of Municipal Works S:~PORTS~2002 Reports~vP~V-2002-08 Road Occupeney wpd The Corporation of the City )f Niagara Falls Policy and Procedures Reviewing and Authori~ Road Occupancy Permi April, 2002 ~r ng Table of Contents Page 1.0 2.0 INTRODUCTION 1.1 Introduction .................................................... -2- ROAD OCCUPANCY PROCESS AND PROCEDURES 3.0 2.1 Application ..................................................... -2- 2.2 Processing ..................................................... -2- 2.3 Commencement of Work .......................................... -3- 2.4 City Inspections ................................................. -3- 2.5 Restoration ..................................................... -3- 2.6 Completion of Works ............................................. -3- ~FEES 3.1 Fees .......................................................... -4- APPENDICES A B C D Road Occupancy Permit Permit Conditions (Reverse of Road Occupancy Permit) Access By-law Obstruction By-law -2- January 21,2001 Policy and Procedures for Road Occupancy Permits 1.0 INTRODUCTION 1.1 Introduction The purpose of the Road Occupancy Policy is to regulate contt to be undertaken on City property, and to restore the sit~ completion of work. The objective of the Road Occupancy Policy is to reduce rom term performance of road cut repairs. The City of Niagara F~ drainage, maintenance, and traffic serviceability of City str policy & procedure to ensure that a uniform and acceptable restoration of road cuts. A consistent and equitable system cm and undertaken in a similar manner, yielding similar and acc 2.0 ROAD OCCUPANCY PROCESS AND PROCEE The procedures for road occupancy permits outlined below application, authorization and review of works undertaken 2.1 Application The applicant is required to fill out the road occupancy p Occupancy Permit) providing details of location, purpose of' cuts. For access across City right-of-way, the applicant is to p: as well as proposed access across parklands and encroachmen application, along with sufficient Public Liability Insurance, i of the Municipal Works Department at least two working day or in the case cfa complete road closure, five working days. ~I the application, must submit a deposit for works to be carrie, required is outlined in Schedule "A" of Access By-law No. In addition to the road occupancy permit, the applicant mt building permit, sewer permit, parking meter permit and/o~ approval by the City, utility companies or other government out. In addition, the contractor must prepare and submit a tr Ministry of Transportation Guidelines. A copy of this plan n 2.2 Processing The permit shall be processed by the Engineering Section o other sections and departments as required. The road occup~ specified in the Access By-law * * -*** and/or Obstruction By- as specified on the face of the permit or in writing by the designate. The permit holder is responsible for contacting all utility corn actors who apply to the City for works to acceptable City standards upon I maintenance costs by means of long lls is the authority responsible for the :ets, according it has developed this luality of construction is achieved on t ensure that all projects are processed ~ptable restoration. ill ensure a consistent approach to the ~ a City right-of-way. :rmit form (refer to Figure 1: Road ~ork and dimensions of cut for utility 'ovide details of work to be performed Is on sidewalks and/or roadways. The to be forwarded to the Permits Clerk prior to the commencement of work, he applicant, at the time of submitting out. The amount of deposit and fee ~t obtain and submit, if applicable, a any other pemfit that would require agencies prior to works being carded fffic control plan in accordance with rust be kept on site at all times. f Municipal Works, with input from ncy permit is subject to all conditions law **-*** and any special provisions Director of Municipal Works or his ~anies listed on the reverse side of the Policy and Procedures for Road Occupancy Permits -3- January 21, 2001 road occupancy permit at least 48 hours prior to commencing works. The permit holder is also responsible for contacting emergency services, Niagara Transit and the City's Traffic and Parking Services Section if temporary road closure is required. 2.3 Commencement of Work If work has not commenced within two (2) weeks of the issuance of the permit, the permit will be considered null and void and the applicant will have to re-apply for a new permit. 2.4 City Inspections The Engineering Section shall perfoim inspections during the period work is in progress by the contractor. Field notes from the inspection are recorded, noting the date of the inspection and general observations. Any deviations from the requirements of the permit are subject to immediate stoppage of work, until the requirements have been met. A copy of the permit must be available on the work site at all times. Failure of the contractor to produce an approved permit at the time of inspection may result in termination of all works. 2.5 Restoration The permit holder is required to restore the site (road, shoulder, curbs, sidewalks, boulevards, parkland, etc.) to specifications supplied by the City's Municipal Works Department. The applicant is required to complete restoration, in accordance with the time limits described on the permit, upon substantial completion of the project. If the permit holder is unable to complete the work by the completion date indicated on the permit, the permit holder must apply to the Director of Municipal Works or his designate for an extension at least two (2) working days prior to the completion date. Refer to Figure 2 for restoration specifications for roads, sidewalks, trenches, boulevards, curbs, trees and grass. 2.6 Completion of Works Upon completion of all works, the permit holder must return the permit to the Municipal Works Department after completing the bottom section of the permit. Staff conducts a final inspection to ensure compliance of restoration works according to City specifications. If the work is not completed to the satisfaction of the City, the contractor will be contacted to carry out remedial repairs or the City may carry out remedial work at the applicant's expense. Reimbursement of works carried out by the City will be obtained from the deposit or through other means (certified cheque, municipal taxes, court action if necessary) should the amount of the deposit be less than the cost of the works performed. Similarly, any other works carried out by the City relative to the contractor's construction either before, during and after construction works will be subject to reimbursement. These include, but are not limited to the removal of parking meters, installation of construction signing and temporary removal or relocation of signs. Policy and Procedures for Road Occupancy Permits All restoration work completed under the permit shall be gu~ workmanship) for a twelve (12) month period after the date the amount of five percent (5%) of the value of the work con until the expiration of the guarantee period. All deficiem expiration of the guarantee period will be rectified to the Municipal Works. Furthermore, the contractor's guarantee st the guarantee period. The City will retain the remaining deposit until the end of the cut works. Similarly, final acceptance for sod will be a mink trees/shrubs, the final acceptance will be a minimum of one' 3.0 FEES & DEPOSITS See Schedule "A" of Access By-Law **-*** for fee stmctu January 21, 2001 xanteed (against faulty materials and [completion. A security reduction in tpleted shall be held back by the City ies in the work arising prior to the rdtten satisfaction of the Director of .all extend for works occurring within twelve (12) month guarantee for road lum of 30 days after installation. For ear after planting. Appendix 'A' Road Occupancy Permit CibJ of Niagara Falls Municipal Works Department 4310 Queen Street Niagara Falls ON L2E 6X5 Tel: (905) 356-7521 Fax: (905) 356-2354 APPLICANT Company Name: Mailing Address: Owner's Name: Office Telephone No.: ( Fax Number: ( ) WORK AND LOCATION Purpose of Work: Location(s): Anticipated Start Date: Anticipated Completion Date: Anticipated Working Hours: Road Closure. Required: [] Yes Date/Times for Road Closure: Application - Road Occupancy Permit Con1 ) Cellular TelE DETAILS Road Surfa( & Access Permit Permit No.: act Person: ~hone No.: [] No DIAGRAM OF THE WORK AREA (;omments/DescriDtion: __ [] Road Cut [] Access e type: Estimated Size of Cut Length Width Depth Area ;ulvert: IDia= [ ---[ L~L- ..................... ~ Road: Curb: Sidewalk: Boulevard: Other: Det ,ur Plan must mpany permit ~ the undersigned h~'e read and understood the Infarrnaflon provided ond og~e 1o oblde by o Applicant's Signature: North conditions listed on the reverse side of this perrnlt, All in Date: Upon completion of permanent restoration, this section is to compl of Niagara Falls Municipal Works Department at the address indic; Dates of restoration: Start: Name of App cant: ~ted and this permit returned to the City ited above. Finish: Signature: Appendix 'B' Permit Conditions (Reverse of Road Occupancy Permit) CITY OF NIAGARA FALLS MUNICIPAL WORKS DEPARTMENT This application must be delivered to the City of Niagara Falls Municipal Wor} commencing work and five working days prior to a complete road closure. I. ROAD OCCUPANCY OR ROAD CUT INFORMATION The permit holder agrees to indemnify and save harmless The Corpo~ claims and/or actions that may arise from the issuance of this permit, within the limits of the road allowances will be guaranteed for a peri, final restoration. b. The permit holder agrees to notify the following at least 48 hours pri s Department two working days prior to ation of the City of Niagara Falls from all and further agrees that all required works ~d of 12 months, from the date of completion of to commencing works: City of Niagara Falls - Municipal Works ....................... 356-7521 Region of Niagara - Water, Sanitary and Traffic Cables ............. 685-1571 Niagara Falls Hydro .......................................... 356-2681 Ontario Hydro ................................... , .......... 357-0322 Traffic Control Cables - M.T.O .......................... (416) 643-1232 Enbridge Consumers Gas .................................... 641-4841 Bell Canada .................................... , .......... 310-2355 Cogeco TV ..................................... , .......... 374-5571 Canadian Niagara Power Co. Ltd ............................... 871-0330 AND FOR ROAD CLOSURES Niagara Regionai Police ..................................... 688-4111 Niagara Transit .......................................... 356-1179 Ambulance Services ........................................ 358-0171 City of Niagara Falls - Traffic and Parking Services ............... 356-7521 Niagara Falls Fire Department ................................. 356-1321 Niagara Parks Police ........................................ 356-1338 The permit holder agrees, to accept and indemnify The Corporation temporary and permanent repairs to the approval cut, including any to ensure a safe condition and any subsequent maintenance work re; The permit holder agrees, unless otherwise specified on the face of' material thoroughly compacted in 12" (300mm) layers to roadways, Mix to roadways immediately on completing backfilling operations, conditions. NOTE: I. Contractor must also perform final paving using a mit placed and compacted in 2 layers to 100% S.P.D. (St~ of road cuts to be milled down minimum 1" (25mm) 2. Contractors must reinstate sidewalks, curb and/or gw with current City standards and specifications. Positi The permit holder shall supply, erect and maintain all barricades, si control devices, detour signing and other safety warning devices in Roadway Work Operations - Field Edition and the Manual of Unif~ work. The permit holder shall maintain access to all public and private pn on the face of this permit. The roadway is to be opened for two-way traffic after construction A copy of this permit must be available on the job site at all times, This road occupancy permit is issued pursuant to the latest Access of the City of Niagara Falls for all costs included in making md all periodic site inspections by the permit holder, required fired during the 12 month warranty period. tis permit, to backfill, the authorized cut with Granular 'A' driveways, shoulders and sidewalks, plus 2" (50mm) of Cold remainder of right of way and/or easement to existing imum of 2" (50mm) HL8HS and 1" (25mm) HL3HS Asphalt, ndard Proctor Density), or to existing depth of asphalt. Edges nd 12" (300mm) back from edges. er, exposed concrete roads and other surfaces in accordance re drainage shall be maintained during the course of operations. ;ns, signals, flag men, delineation hazard markers, traffic accordance with the Ministry of Transportation Manual for rm Traffic Control Devices of Ontario for the duration of the ~erties for the duration of the work, unless otherwise specified )uts. luring actual construction or reinstatement. 3y-law No. ?%?? and Obstruction By-law No.??-??. j. The requirements of the road occupancy permit pertaining to any aspect of this permit shall be to the satisfaction of the Director of Municipal Works or his designate, otherwise the job site will be closed until those requirements have been met. k. Any alterations to this permit must be authorized by the Director of Municipal Works or his designate prior to such changes taking place. 1. The return of this permit to the City of Niagara Falls Municipal Works Department is notification of completion of work and restoration of site. 2. ACCESS ACROSS CITY PROPERTY INFORMATION Upon authorization it is agreed that: a. Access only be made at the point(s) indicated on this permit. Parkland must not be crossed when wet, or if precipitation has occurred in previous 24 hours. The applicant will indemnify and save harmless the City from all liabilities, damages, costs, claims, suits or actions arising out of any breach or non-performance of any covenant herein contained on the part of the permit holder, and any damage to the property howsoever occasioned by the use and occupation of the property by the permit holder or any person or persons including death, resulting at any time therefrom, occurring on or about the property or any part thereof or resulting from the use of the property during the term of the permit for any purpose whatever. d. Any such damage occurring during the time of the permit, shall be reported to the Municipal Works Department forthwith. e. Permits are valid for the location, date and time specified only, and may not be changed or altered unless approval is obtained fi.om the Municipal Works Department. f. The Municipal Works Department reserves the right to cancel permits wherever and whenever it is deemed necessary. g. This permit is valid only al[er pre-construction inspection has been made. h. Restoration of the site shall be completed within ten (10) days of the substantial completion of the project. i. Refund of security deposit by the City will be within thirty (30) days of the final acceptance of the whole restoration, or expiration of the warranty period, whichever occurs last. j. F'inal acceptance for sod shall be a minimum of thirty (30) days after installation. k. Final acceptance of trees and shrubs will be a minimum of I year from the date of successful planting and replanting. 1. The City reserves the right to require the permit holder to provide proof of insurance coverage to the form and Satisfaction of the City. Appendix '( Access By-law By-l: BY-LAW Number To prohibit the obstructing, encumbering or fouling of highways and to regulate the crossing of curbings, sidewalks, boulevards and parkland WHEREAS pursuant to subsection 314 (1) of the Municipal Act, R.S.O. 1990, c.M.45, as amended, a municipal council may pass by-laws for prohibiting or regulating the obstructing, encumbering, injuring or fouling of highways or bridges; NOW THEREFORE the Council of The Corporation of the City of Niagara Falls ENACTS as follows: DEFINITIONS 1. In this by-law: (a) "construction" means anything done in the erection, installation, extension or material alteration, demolition or repair of a building'or structure and the associated works, and includes the installation of building units fabricated or moved from elsewhere and the installation of swimming pools; (b) "City" means The Corporation of the City of Niagara Falls; (c) "iDirector" means the Director of Municipal Works for The Corporation of the City of Niagara Falls, or a person designated by him; (d) "highway" has the same meaning as in the Highway Traffic Act, R.S.O. 1990, c.H.4, as amended; (e) "parkland" is as defined in By-law 71-57, as amended; and (f) "person" includes a corporation and its successors and assigns and any reference to the masculine gender in this by-law shall also be deemed to include the feminine. OBSTRUCTION OF HIGHWAYS, DITCHES AND CULVERTS (1) No person shall obstruct or foul any highway or bridge under the jurisdiction of the City by any means whatsoever. o -2- (2) Without limiting the generality of subsection (1), the or bridge includes: (a) the building or maintaining of a fence on a hit (b) the depositing of snow or ice on a highway; aa (c) the depositing of large refuse containers or bu No person shall obstruct a ditch or culvert which is upon No person shall throw, place, deposit or permit to be bio' occupied by him, hand-bills, garbage, rubbish, the carca~, or waste material or material dropped from a newspaper, Any person employing or using tracks, graders or loader excavations for construction purposes, or in conveying e such excavations or from any other place along the publi operation involving the passage of such vehicles to and construction purposes or otherwise, shall at once remov, or from any public place where the same may be deposit material that may fall from the wheels of or from such tr employ and keep employed a sufficient number of swee may be necessary to keep all such pavements and sidew from earth, rubbish or other material. The Director may give to any such person noted in secti{ removal from such pavements and sidewalks of such em four (4) hours of receipt of the notice, and notifying suct with the said notice, the City will perform the work at hi In the event that such person does not comply with the d may perform the work, or cause it to be done, and the cc such person by court action, or the same may be recover CROSSING OF CURBINGS, SIDEWALKS, BO1 (1) Every person owning land abutting a highway on wi construction which necessitates the crossing of curb! boulevards shall submit to the Director an applicatic accompanied by a deposit, as determined by City Cc metre of the lot on which the construction takes plac sidewalk or boulevard. (2) Where access to the land where construction is to parkland, the owner of the land shall submit to the 12 provided by the Director accompanied by a deposit >bstmction or fouling of a highway away; rd/or lk containers on a highways. a City highway. ~m or escape from premises s of any animal, or any other refuse on any highway in the City. ; or other vehicles in making nth, rubbish or other material from : highways of the City, or in any rom any site, whether for from the pavements and sidewalks, ~d, all earth, rubbish or other acks, graders or loaders, and shall ers or workers or use such means as lks in a clean condition and free ~n 5 a notice in writing requiring the th, rubbish or other material within t person that in default of compliance s expense. irection in the said notice, the City st thereof may be recovered from .~d in like manner as municipal taxes. 7LEVARDS & PARKLAND ich land he intends to carry out ngs, sidewalks, grass or paved n in a form provided by the Director uncil from time to time, per linear where the lot abuts such curbing, ~- place is available only by crossing ,irector an application in a form ~s determined by City Council from -3- (3) time to time. An application required by subsections (1) or (2) shall be accompanied by a non- refundable administration fee as determined by City Council from time to time. (1) 'Upon receipt of an application under subsection 8(2), the Director shall determine the location where the parkland crossing shall be permitted. (2) No person shall drive construction vehicles or equipment anywhere except as designated by the Director. 10. (1) The owner of the land where construction is to take place shall repair any damage to curbings, sidewalks, boulevards or parkland occasioned by a crossing to which subsections 8(1) or (2) applies. (2) (3) In the event that the said owner does not complete the repairs required by subsection (1), the City may complete the repairs and retain from the deposit required by subsections 8(1) and (2) an amount equal to the cost of the repairs. The owner or the occupier of lands upon which construction is taking place as set out in subsections 8(1) and (2) shall take all necessary steps to prevent building materials, waste or soil from being spilled or tracked onto the highway by vehicles or equipment going to or coming from the lands during the course of the said construction and the owner or occupier of the said lands shall reimburse the City for any costs incurred by the City in removing such building materials, waste, soil or other material. (4) (5) The City may recover its costs incurred pursuant to subsection (3) from the deposit required under subsections 8(1) and (2). Where the costs incurred by the City under subsections (2) and (3) exceed the amount of money deposited under subsection 8(1) and (2), the excess cost thereof may be recovered from such person by court action, or the same may be recovered in like manner as municipal taxes. .RETURN OF DEPOSIT MONEY 11. (1) When construction has been completed and the City has not incurred and will not be incurring any costs under subsections 10(2) and (3), the City shall, upon application by the person having paid the deposit required by subsections 8(1) and (2), refund the deposit to that person. (2) Where the costs incurred or to be incurred by the City under subsections 10(2) and (3) are less than the amount of the deposit required by subsections 8(1) and (2), the City shall, upon application by the person having paid the deposit, refund the difference to that person. (3) Where any money paid under subsections 8(1) and (2) remains unclaimed for a period of -4- six (6) years, the provisions of paragraph 2(b) of sect 1990, c.M.45, as amended, shall apply. 12. Any person who contravenes the provisions of the by-la~ conviction is liable to a penalty not to exceed Five Thom 13. By-law 77-272 and By-law 6317 are hereby repealed. 14. This By-1aw shall come into force and take effect on the Passed this day of 2002. DEAN IOFRIDA, CITY CLERK First Reading: Second Reading: Third Reading: WA YN J on 314 of the Municipal Act, R.S.O. r is guilty of an offence, and upon and Dollars ($5,000.00). day upon which it is finally passed. THOMSON, MAYOR SCHEDULE "A" Access By-Law Road Occupancy Permits Fees Administration Fee $50.00 Crossing of Curbings, Sidewalks, Boulevards $25.00/linear metre Parkland Crossings 0) $2.50 for each square metre of turf area to be crossed; (iii) $25.00 for each square metre of asphalt park walkway to be crossed; (iii) $220.00 where the crossing necessitates the removal of part of any fence; (iv) $120.00 where a curb has to be crossed; (iv) $140.00 where a sidewalk has to be crossed; and (vi) where the crossing may disturb trees or shrubs, an amount to be determined by the Director which represents the replacement cost of any tree or shrub which might be damaged. Deposits for Right of Way Works (i) $100.00 for each square metre of road to be excavated; (iii) $65.00 for each liner metre of concrete curb and/or gutter to be excavated; (iv) $50.00 for each square metre of concrete sidewalk to be excavated; (v) $40.00 for each square metre of asphalt sidewalk to be excavated; (vi) $10.00 for each square metre of grass, gravel or asphalt boulevard to be excavated; and (vii) $10.00 for each square metre of land to be excavated between the sidewalk and the property line, or the land between the edge of roadway and the edge of cut furthest from the roadway if a sidewalk does not exist. Appendix 'D' Obstruction By-law By-law **-** BY- LAW Number A by-law for prohibiting or regulating the injuring of highways or bridges and for closing temporarily any highway or portion of a highway under the jurisdiction of the City of Niagara Falls for any period during the construction, repair or improvement of such highway. WHEREAS pursuant to subsection 314(1) of the Municipal Act, R.S.O. 1990, c.M.45, as amended, a municipal council may pass by-laws for prohibiting or regulating the obstructing, encumbering, injuring or fouling of highways or bridges; AND WHEREAS pursuant to paragraph 43 of section 208 of the Municipal Act, R.S.O. 1990, c.M.45, as amended, a municipal council may pass by-laws for closing temporarily any highway or portion of a highway under the jurisdiction of the municipality for any period during the construction, repairing or improvement of any such highway or portion thereof, or of any works under, over, along, across or upon such highway or portion thereof; AND WHEREAS the Council of The Corporation of the City of Niagara Falls deems it expedient to authorize the Director of Municipal Works to temporarily close any highway under thej urisdiction of the City of Niagara Falls for the purposes as authorized by this section; NOW THEREFORE the Council of The Corporation of the City of Niagara Falls ENACTS as follows: 1. In this by-law, (a), "City" means The Corporation of the City of Niagara Falls; (b) "Director" means the Director of Municipal Works for the City of Niagara Falls, or a person designated by him; (c) "entrance culvert" means an arched drain or conduit for the passage of water constructed on City land under a driveway or other access point to private lands; (d) "highway" has the same meaning as in the Highway Traffic Act, R.S.O. 1990, c.H.4, as amended; (e) "permit holder" means any person to whom a permit has been issued under this by-law; (f) "person" includes a corporation and its successors and assigns and any reference to the masculine gender in this by-law shall also be deemed to include the feminine; and (g) "working day" means any Monday to Friday inclusive which is not a statutory holiday between 08:30 and 16:30 hours: -2- 2. (1) No person shall commence construction or repair of: (a) an entrance culvert, or (b) any work over, on, under or adjacent to any C the temporary closing, obstruction or encumb~ unless and until a permit has been obtained for such t barricades and other safety measures have been proviz traffic routes have been established in accordance wilt law. (2) All applications for a permit required under subsec provided by the Director and shall be accompanied by ~ be required by the Director, including payments and fe time to time. (3) An application required under subsections (1) and refundable administration fee as determined by Ci administration fee shall not be required for Public U~ (4) If the work to be undertaken necessitates a temporary permit shall take such steps as are reasonable and nec persons who will be affected by the temporary closu (1) (a) If the work to be undertaken does not necessi application to the Director for a permit require~ two (2) working days before the date of comu (b) If the work to be undertaken necessitates a teml to the Director for a permit required under S¢ working days before the date of commencem~ (2) Notwithstanding the provisions of subsection (1), if immediately for public health, safety or welfare reas( permit required under Section 2 shall be made witk working day after the date of commencement of the~ 4. When a permit has been issued, the permit holder shall,. (a) maintain a reasonable safe alternate route for vehicu] (b) provide and maintain reasonable local access routes whose access will be affected by the proposed works (c) supply, erect and maintain at his own expense all baa and other safety warning devices as may be required 1 and pedestrian traffic; and .ty highway which is likely to require :ring of part or all of such highway, ,urpose from the Director, until signs, [ed, and, if necessary, until alternative . the provisions of Section 4 of this by- [ion (1) shall be made on the forms ~uch other supportive materials as may ~s as determined by City Council from (2) shall be accompanied by a non- ~ Council from time to time. The ilities. highway closure, the applicant for the essary to advise and accommodate all :e of the highway. rate a temporary highway closure, an under Section 2 shall be made at least mcement of the work. )rary highway closure, an application ction 2 shall be made at least five (5) ~nt of the work. Ihe work to be undertaken is required ns an application to the Director for a in the first four (4) hours of the first york. luring the course of the work, ar and pedestrian traffic; for all property owners or occupants 'icades, signs, covers, lights, flagmen ~y the Director to protect the vehicular -3- (d) provide and maintain pedestrian traffic routes which are separated from vehicular traffic and the project site in a manner satisfactory to the Director. Where a permit holder fails to comply with any of the provisions of Section 4, the Director may perform the works necessary to effect compliance with the Section, and all costs and expenses incurred thereby shall be borne by the permit holder. If the works to be undertaken cannot be completed by the expiry date set out in the permit, the permit holder shall make an application to the Director for an extension of time and the application shall be made at least two (2) working days prior to the expiry date set out in the permit. 7. (1) No pemfit holder shall remove, relocate, conceal from view or interfere with any traffic signs in the course of carrying out the work. (2) If a pemfit holder requires traffic signs to be temporarily removed or relocated he shall request the Director to carry out such removal and all costs thereby incurred shall be borne by the permit holder. (3) Ifa project requires that parking control devices be temporarily removed, the permit holder shall reimburse the City for revenue lost during the period the parking control devices are out of service, based on the current rate charged, plus applicable taxes, per day, per parking control device. The permit holder shall request the Director to carry out such remoVal, and all costs thereby incurred shall be borne by the permit holder. 8. All work to be undertaken under a permit issued under this by-law shall be carried out in a manner which is satisfactory to the Director. 9. (1) When a hazardous condition arises during the course of the work undertaken by a permit holder, the permit holder shall immediately notify the Director and any affected utility company of the condition. (2) When a hazardous condition arises during the course of the work undertaken by the permit holder, the Director may order the road closed, the work halted or other appropriate remedial action to be taken. Where such action is taken by the Director no person shall perform any further work without the authorization of the Director. 10. The permit holder shall notify the Director immediately when the work undertaken has been completed. 11. (1) Upon completion of the work the permit holder shall restore the highway affected by the work to the condition satisfactory to the Director and shall guarantee the workmanship on all the restoration work within the limits of the road allowance for a period of eighteen (18) months from the date of completion of the work. (2) Notwithstanding the provisions of subsection (1), the restoration of the highway may be carried out by the City and the permit holder shall reimburse the City for the costs of the -4- restoration. (3) The City may recover its costs incurred pursuant to sul under subsection 2(2). (4) In the event that the permit holder does not complete or does not complete the repairs required by subsecti, Director, the City may complete the repairs and subsection 2(2) an amount equal to the cost of the re (5) Where the costs incurred by the City under subsecl money deposited under subsection 2(2), the excess co: person by court action, or the same may be recovered (6) The permit holder shall accept a maintenance holdba, of the value of the work completed until the expiratk 12. The pemfit holder shall be responsible for all damage damages arise out of the work undertaken by the permit ] 13. The permit holder shall provide Public Liability Insuran4 to the City, and such insurance shall name the City as co 14. Work performed by the City under this by-law shall not r, servants or workers from any responsibility or any liabilit work under the pemfit. 15. Every person who uses a highway or portion of a highway this by-law does so at his own risk and the municipality i by reason of the person using the highway or portion the 16. The permit holder shall produce an approved permit if re any other person who is authorized to enforce this by-la~ ~section (2) from the deposit required ~te repairs required by subsection (1) in (1) in a manner satisfactory to the etain from the deposit required by irs. n (3) and (4) exceed the amount of ~t thereof may be recovered from such in like manner as municipal taxes. :k in the amount often percent (10%) .n of the warranty period. ~ to all existing services when such tolder. ',e in an amount and form satisfactory .insured. :lieve the permit holder, or his agents, arising out of the performance of the which has been closed to traffic under ~ not liable for any damages sustained reof so closed to traffic. quested to do so by the Director or by v during the course of the work. 17. The Director shall have the authority to order the stopp~ ge of any work over, on or under any highway where an approved permit has not been issued qr where the conditions of an approved permit, or provisions of this by-law, have not been complied with, and to revoke an approved permit if the permit holder does not meet the requirements of the permit or of this by-law. / 18. (1) Every person who contravenes any provision of this l~y-law is guilty of an offence and upon conviction is liable to a fine of not more than Five Tlmusand Dollars ($5,000.00) exclusive of costs. / (2) Notwithstanding the provisions of subsection 1, a person who without lawful authority uses a highway or portion thereof closed to traffic and pr4 ~tected pursuant to this by-law, and/or who removes or defaces any barricade, device, detour sign or notice placed thereon under this by-law, is guilty of an offence and is liable to a p, malty of not more than Fifty Dollars ($50.00) plus costs and is also liable to the City for ar damage or injury occasioned by such -5- wrongful use, removal or defacement. 19. This By-law shall come into force and take effect on the day upon which it is finally passed. Passed this day of 2002. DEAN IOFRIDA, CITY CLERK First Reading: Second Reading: Third Reading: WA YNE THOMSON, MA YOR The City of Niagara Falls Canada 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) 356-2354 E-mail: munwks@city.niagarafalls.on. April 15 His Worship Mayor Wayne Thompson and Members of the Municipal Council City of Niagara Falls, Ontario Members: MW-2002-41 Beaverdams Road at Rysdah School Crossing Guard Revi, RECOMMENDATIONS: It is recommended that: the assistance of a school crossing guard be Beaverdams Road and Rysdale Street/Magn the existing "Turn" sign facing westbound r of Rysdale Street/Magnolia Drive be relocal intersection and replaced with a "Sharp Cur this intersection be reviewed once again for crossing guard upon a full buildup of the O~ sidewalks are constructed on Rysdale Street side of Beaverdams Road. BACKGROUND: Staff has carried out followup studies of the school crossing Beaverdams Road and Rysdale Street/Magnolia Drive. A sc this intersection in January 2002 prior to the completion oft{ assignment of the school crossing guard at this intersection, installation. Beaverdams Road is an arterial roadway that extends wester limit of Niagara Falls. Beaverdams Road, in the study area i narrow gravel shoulder and grass ditch on both sides. A con entire north side of Beaverdams Road between Lundy's Lan{ Working Together to Serve Our Cc Municipal Works · Fire Services · Parks, Recreation & Culture · BusinE Ed Dujlovic, P. Eng. Director MW-2002-06 File G- 180-41 :a 2002 Street/Magnolia Drive :W removed from the intersection of alia Drive; aotorists on Beaverdams Road east ed to the west side of the ?e" warning sign; and the possible placement of a school chard Grove Subdivision and when Magnolia Drive and on the south ,uard operation at the intersection of ool crossing guard was assigned to ~.chnical studies. In addition to the all way stop was approved for y from Lundy's Lane to the western 6.8 metres in width consisting of a :rete sidewalk is present along the and Kalar Road. Magnolia Drive mmunity ss Development · Building & By-Law April 15, 2002 -2- MW-2002-4 ! extends southerly one block from Beaverdams Road to Spring Blossom Drive. Rysdale Street extends three blocks from Beaverdams Road to Montrose Road. Currently, there are no sidewalks on either Rysdale Street or Magnolia Drive. The study area is primarily residential in nature. The study intersection is in a cross configuration, consisting of north/south and east/west approaches. Aside from this location, school crossing guards are present at Beaverdams Road and Cardinal Newman Way, and at the Intersection Pedestrian Signal located at Montrose Road and Rysdale Street. Studies and observations were recently carried out at the intersection of Beaverdams Road and Rysdale Street/Magnolia Drive to determine if the assistance of a school crossing guard is required. The warrants used to determine whether a crossing guard is warranted include the number of children crossing the roadway, traffic volumes, visibility and collision history. A school crossing guard assists children across the roadway during the morning, noon and afternoon sessions for children attending Cardinal Newman School and Greendale Public School. The designated school crosswalk is located on the east leg of the intersection. Studies that were carried out indicate that very few children are utilizing this crossing. Over a one week period, no children were observed crossing Beaverdams Road during the moming or the lunch period. In the afternoon, two children and four children were observed crossing Beaverdams Road on two separate days within the same week. The school crossing guard studies indicate that there are acceptable gaps in each time period for children to safely cross Beaverdams Road. Furthermore, with the recent installation of the all-way stop at the intersection, safety for pedestrians has increased by requiring motorists to stop prior to proceeding and thus allowing pedestrians to cross with the assistance of the stop signs. A recent collision review indicates that there have been no reported collisions at the intersection of Beaverdams Road and Rysdale Street/Magnolia Drive in the previous three years. Visibility at the intersection is adequate for pedestrians and motorists. Based on the results of the studies and observations, staff is recommending that the assistance of the school crossing guard be removed from the intersection of Beaverdams Road and Rysdale Street/Magnolia Drive. It is also recommended that this intersection be reviewed upon a full buildup of the Orchard Grove Subdivision to determine whether a guard is warranted at that time. Sidewalks are scheduled to be constructed in conjunction with development construction on the east side of Magnolia Drive from Spring Blossom Drive to Beaverdams Road. A sidewalk on the north side of Rysdale Street between Montrose Road and Beaverdams Road is included in the 2002 budget. A sidewalk on the south side of Beaverdams Road from Cardinal Newman Way to Rysdale Street/Magnolia Drive, will be evaluated in the Beaverdams Road Environmental Assessment. The sidewalk on Magnolia Drive is anticipated to be constructed by the developer within a 2-year period. April 15, 2002 -3- The Committee's concurrence with the recommendations ou' appreciated. Prepared by: Karl Dren, C.E.T. Manager of Traffic & Parking Services Respect John M~ ChiefA Approved by: Ed Dujlovic, P. Eng. Director of Municipal Works J. Crcubioh S :\TRAFFICh~.EPORTSX2002\2002 CouncilLMW-2002-4 l.wpd MW-2002-41 lined in this report would be itlly Submitted by: tcDonald Jministrative Officer STUDY ST. ~ LUND~S LN. CAT.~LINA ST. NORTH NOT TO SCALE Wes~ The Cltyof Nl~g~m F,,~,, Cannd~ LEGEND: Stop Sign O All-Way Stop ! { VYield Sign [~ Traftic Signal MUNICIPAl, WORKS TRA2'FIC & PARKING SERVICES Beaverdams Road ~ Rysdale Street / Magnolia Drive School Crossing Guard Review April 16, 2002 Tim Burshtein The City of Niagara FallsI Canada Community Services Department Municipal Works 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E6X5 web site: www.city.niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905) 356-2354 E-mail: munwks@city.niagarafalls.on. April 15 His Worship Mayor Wayne Thompson and Members of the Municipal Council City of Niagara Falls, Ontario Members: RE: MW-2002-42 Kister Road at Progress Stre Intersection Control Review RECOMMENDATION: It is recommended that the existing yield signs located at the Progress Street for northbound and southbound traffic be re BACKGROUND: The intersection of Kister Road and Progress Street located large number of heavy vehicles. It is a four way intersection signs. The existing yield signs for northbound and southbou allocate the right of way for vehicles approaching the interse that the existing yield signs be replaced with stop signs. The Committee's concurrence with the recommendation out appreciated. Karl Dren, C.E.T. Manager of Traffic & Parking Services Approved b/~: Ed Dujlovic, P. Eng. Director of Municipal Works S:\TRAFF IC~iI.EPO RT S~2002~2002 CouncilhMW-200242 wpd Tim Burshtein Respecl John M Chief3 Working Together to Serve Our Co Municipal Works · Fire Services · Parks, Recreation & Culture · Busim Ed Dujlovic, P. Eng. Director MW-200242 File G- 180-08 2002 intersection of Kister Road and laced with stop signs. a the Falls Industrial Park carries a that is presently controlled by yield ad traffic do not appropriately ',tion. Therefore, it is recommended ined in this report would be fully Submitted by: :Donald [ministrative Officer munity Development · Building & By-Law MCCLF~ ST, to bc Yield Si .~n. s PROGRBSS ST. STUDY INTERSECTION CHIPPAWA PKWY. DON MURffi ST, NORTH l~C~of MUNICIPAl, WORKS TRAFFIC & PARKING SERVICES Kister Road / Progress Street Intersection Control Review April 16, 2002 Tim Burshtein The City of Niagara Falls Canada 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) 356-2354 E-mail: munwks@city.niagarafalls.on.ca A His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: MW-2002-46 Rodent Control RECOMMENDATION: That Council support the elimination of the skunk and ground~ to private residential property owners and on civic property. and that The existing Rodent Control Policy Section 319.2 be revised BACKGROUND: Staff recently suspended the City's skunk control program in'~ the Ministry of Natural Resources (MNR). Presently the City pr program on private residential and civic properties. Upon the h control contractor traps the skunk or groundhog and release~, boundaries in rural areas. In 2001 the City trapped 349 skunk,, Recent changes to the Fish and Wildlife Conservation Act(FC) practise. The Ontario Regulation 665/98 states in section 133. ( kill wildlife under clause 3i (1)(b) of the Act shall, not later tht the wildlife as soon as possible into the area in close proximit. directed by the Ministry; Staff have contacted the MNR for a in' proximity and has been advised that the animal must be rele To continue this trapping program under this requirement animals will more than likely find their way back to the origin option once an animal is trapped would be to have the animal h have an animal euthanased would be $160 to $200 per animal. ' cost to capture the animal which averages $100.00 per skunk. I skunk and groundhog programs. If we continue to run this progt cost an estimated $105,000 to operate this year. This increase Operating Budget. Working Together to Serve Our Municipal Works Fire So.ices Parks, Recreation g Culture Ed Dujlovic, P. Eng. Director MW-2002-46 ~ril 15, 2002 og control program presently offered :cordingly. ht of recent information provided by vides a skunk and groundhog control omeowner's request the City's rodent the animal outside the City's urban and 5 groundhog. .) prohibit our current trap and release 9 A person who captures but does not !n 24 hours after capture, (a) release ~ to the capture site unless otherwise erpretation of their definition of close ~ed within 1 km of capture point. ould seem ineffective. The trapped al den within several days. Our only ~manelykilled. The estimated cost to ['his cost would be over and above the ast year the City spent $ 35,000 on the am under the new MNR criteria it will cost is not included in the 2002 City Business Development Building & By-Laws MW-2002-46 - 2 - April 15, 2002 Staff has contacted several local Municipalities and has found that none of the Cities contacted provide a skunk and groundhog program. Should Council support the elimination of the skunk control program the homeowner would have to deal with the nuisance animal on their own. There are several web sites and publications available to the public that deal with how to eliminate nuisance animals. Staff can provide this information to residents upon request. Also, several local contractors in the Niagara Region can deal with nuisance animals should the homeowner wish to have the animal removed at their cost. Council's favourable consideration with the above recommendation would be appreciated. P~epared by: Manager of Building Services Recommended by: Ed Dujlovic, P. Eng. Director of Mtmicipal Works Respectfully submitted by: -~(-- John MacDonald Chief Administrative Officer /SC The City of Niagara Falls Canada 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) 356-2354 April 15 His Worship Mayor Wayne Thompson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re-' RECOMMENDATION: MW-2002-47 CN/CP Railway Corridor It is recommended that the City exclude from the railway col agreement, the lands that have been identified as contaminat BACKGROUND: As Council is aware during the due diligence period for t determined that a part of the width of the railway lands in th~' a result of activities undertaken by Cytec. Accordingly, the £ of closing of this land, however, the City did have the option City carrying out further investigations. Staff has determined that the cost that would be incurre¢ investigations and potential clean up activities would be gre in questions, hence, staff is recommending that the City does that CP Rail be advised accordingly. Committee's concurrence with the above recommendation Ed Dujlovic, P.Eng. Director of Municipal Works Respec '~ John 5 Chief,~ Municipal Works Working Together to Serve Our · Fire Services · Parks, Recreation & Culture Ed Dujlovic, P. Eng. Director MW-200t..47 2002 ad Purchase ridor purchase, as provided for in the :d within the north end of the line. ~te railway corridor purchase, it was north end had been contaminated as ity did not take possession at the time of retaining ownership subject to the to carry out further environmental ater than the actual value of the lands not retain ownership of the parcel and rould be appreciated. :fully Submitted by: acDonald ~dministrative Officer Business Development . Building and By-Laws The City of Niagara Fails Canada Community Services Department Parks, Recreation & Culture 7565 Lundy's Lane Niagara Falls, ON L2H 1G9 web site: www.city.niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905) 356-7404 E-mail: akon@city.niagarafalls.on.ca April 15 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: R-2002-15 - Singing AK/das Attach. RECOMMENDATION: For the information and direction of Council. BACKGROUND: At their February 28, 2002 meeting, the Arts and Culture Co~ To have someone sing or play 'O Canada' at one Cig month, on a trial basis for a two-month period at a tir suitable for the agenda. With Council's approval, the Members of the Commission musician present to lead Council in the singing of our Nati, Council meeting. The rationale for their recommendation is t some of our local talented singers and musicians. Respect Karen ) Arts & &\Council\Council 2002~R-2002-15 - Singing of thc National Anthemwpd Municipal Works Working Together to Serve Our 4 Fire Services · Parks, Recreation Adele Kon Director R-2002-15 2002 f the National Anthem missiOn passed the following motion: Council meeting per ~e Council deems most will arrange to have a vocalist or a )nal Anthem prior to the start of the ) provide an opportunity to showcase ~alu, Chairperson -~/ ' -- ' ;ulture Commission 'ommunity Culture · Business Development Niagara Falls JJj 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 Februm Mrs. Karen Akalu, Chair Arts & Culture Commission c/o 4756 St. Lawrence Avenue Niagara Falls ON L2E 3X9 Dear Karen: Sorry I did not get back to you sooner. I brought up your request tbr the performing of the National. Staff at City Hall. It was thought that having artists in wee consuming. Nonetheless, it was suggested that perhaps on special occasi would be nice. We could have someone come in at the Cc publicize Canada Day or if the Arts & Culture Commission w · we could have one of the performers sing at Council to hel Give me a call and we can look at a couple of appropriate Sincer~ Dean City CI c. Adele Ken, Director of Parks, Recreation & Culture Working Together to Serve Our, Clerk's · Finance · Human Resources Information Systems Dean Iorfida City Clerk 21,2002 nthem at Council meetings to Senior dy might be a bit disruptive and time )ns the singing of the national anthem uncil meeting prior to July Ist to help as sponsoring an event or activity, then plug the occasion. tes. ¸y, ~rfida erk Legal . Planning & Development The City of Niagara Falls~ Canada Community Services Department Parks, Recreation & Culture 7565 Lundy's Lane Niagara Falls, ON L2H 1G9 web site: www.city.niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905) 356-7404 E-mail: akon@city.niagarafalls.on.ca April 15 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: R-2002-18 - Parks an, RECOMMENDATION: That the Schedules for Special Events and Regular Use o1 Grounds, be approved by City Council. BACKGROUND: In accordance with City Policy, applications were requested by use of Municipal Athletic Fields, to make application, in wril On Tuesday, April 9th, 2002, all interested organizations ant meeting to review the proposed schedules. As a result of thi: a general agreement was reached regarding the schedules. Permits for the use of the Parks, Athletic Fields and School 2OO2 Adele Ken Director R-2002-18 Field Use 2002 Schedule 'Parks, Athletic Fields, and School all persons or organizations requiring ing, to Parks, Recreation & Culture. individuals were invited to attend a meeting and subsequent discussion, ;rounds will be issued. A e K~on~~Recommended by: ~ ~ohn MacDonald Director of Parks, Recreation & Culture -- (~hief Administrative Officer / S:\Council\Counci12002\R-2002-18 - Parks and Field Use 2002 Schedule.wpd ~ ',espectfully Submitted: Municipal Works Working Together to Serve Our ¢Ommunity Fire Services Parks, Recreation : Culture . Business Development The City of Niagara Falls Canada Corporate Services Department Finance 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) 356-2016 E-mail: kburden@city.niagarafalls.on.ca April 15, His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: F-2002-24 - Municipal Ac RECOMMENDATION: That the City Council approve the municipal accounts totallin April 15, 2002. BACKGROUND: The accounts have been reviewed by the Director of Finance is listed on tonight's. Council agenda. Recommended by: K.E. Burden Director of Finance Respect John M', Chief A Approved by: T. Ravenda Executive Director of Corporate Services KEB :j d Working Together to Serve Our ~ Clerk's Finance · Human Resoumes-- Information System F-2002-24 Kenneth E. Burden Director of Finance 2002 counts $4,120,271.69 for the period ending and the by-law authorizing payment 'ully submitted: tcDonald :lministrative Officer 7ommunity · Legal Planning & Development Niogoro Foils Cclnod~,~.~l~ Corporate Services Department Finance Division 4310 Queen Street PO Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905) 356-2016 E-maih kburden~city.niagarafalls.on.ca His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: F-2002-25 - Extension Agreeme] Greenworld Enterprises Roll # RECOMMENDATION: That Council approve the extension agreement for Mont~ Maraschiello, President of Greenworld Enterprises. BACKGROUND: Section 8-(1) of the Municipal Tax Sales Act provides that"a: the registration of the tax arrears certificate and before the ex1 in subsection 9 (1), may authorize an extension agreement wi~ period of time in which the cancellation price is to be paid ." On April 23rd, 2001, the property located at Montrose Road, o registered due to tax arrears. The present tax arrears balance Mr. Jim Marachiello, President of Greenworld Enterprises extension agreement to G-reenwofld Enterprises based on the 1) Commencing May 16th, 2002, Pre-Authorized Pay 2) The ratepayer agrees to pay all taxes as they beton 3) On or before April 15~, 2004, a payment for the Staff supports the request of Mr. Maraschiello and, should ti extension agreement will follow for Council's endorsement. Working Together to Serve Our ¢ Clerk's · Finance · Human Resources · Information System. F-2002-25 Ken Burden Director Iri115,2002 :-Montrose Road ES ;725 130 004 19258 )se Road as proposed by Mr. Jim nunicipality, by a by-law passed after ~iry of the one-year period mentioned h the owner of the land extending the arned by Greenwodd Enterprises was is $13,666.54. is requesting that the City grant an following repayment proposal: nent Plan of $800.00 per month. ~e due during the agreement. dance of the cancellation price. Committee concur, a By-law for this Legal Planning & Development Apfil15,2002 -2- F-2002-25 Prepared by: L. Antonio Coordinator of Tax Utilities, and Other Receivables Approved by: T. Ravenda Executive Director of Corporate Services Recommended by: K.E. Burden Director of Finance Respectfully submitted: -(~ Jo~ MacDonald Chief Administrative Officer