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2002/05/13
PLANNING/COUNCIL MEETING Monday, May 13, 2002 Order of Business and Agenda Package BOOK #1 PLANNING MEETING May 13, 2002 PRAYER: Alderman Shirley Fisher DISCLOSURES OF PECUNIARY INTEREST Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. PRESENTATIONS Stamford Skating Club A presentation will be made to the Stamford Skating Club's "Stamford Sensations", for winning the Provincial title in the Juvenile Synchro Skating Division. Niagara Falls Fire Department A presentation will be made to Niagara Falls Firefighter, Andy Gill, in recognition of outstanding courage and quick thinking in the saving of human lives. DEPUTATIONS 2002 Vineyard Cycle Tour Ms. Karen Stearne, Executive Director, Heart Niagara Inc. would like to introduce the 2002 Vineyard Cycle Tour to Council. -2- Niac~ara Healthy Environment Initiative Ms. Cathy Shotter and Ms. Tina Garcia wish to present their concerns regarding cosmetic pesticide use. Ward System Mr. Frank DeLuca wishes to put forward an alternative proposal on the ward system. ITEM NO. 13 ITEM NO. 14 PLANNING MATTERS Public Meeting Zoning By-law Amendment Application; Temporary Use By-law AM-15/2002; 5815 Victoria Avenue& 5740 Ellen Avenue Applicant: 1057748 Ontario Inc., Agent: Brandon Boone Proposed Temporary Off-Site Parking for Pump's Night Club Background Material: Recommendation Report: PD-2002-43 - AND - Correspondence from Regional Niagara, Planning And Development Department Public Meeting Zoning By-law Amendment Application AM-13/2002, East Side of Oakwood Drive & North of McLeod Road Applicant: Everguard Coatings International Ltd. Proposed Ice-skating Rink and Ancillary Recreational Uses Background Material: Recommendation Report: PD-2002-44 - AND - Correspondence from Regional Niagara, Planning And Development Department ITEM NO. 15 ITEM NO. 16 ITEM NO. 17 -3- Public Meeting Zoning By-law Amendment Application AM-13/2001, 6039 Fallsview Boulevard Applicant: Orsini Bros. Inns Inc. Agent: Italia Gilberti, Broderick & Partners Proposed 29-storey Hotel Background Material: Recommendation Report: PD-2002-45 - AND - Correspondence from Regional Niagara, Planning And Development Department Public Meeting Zoning By-law Amendment Application AM-11/2002, South-west corner of Mount Carmel Boulevard and Cardinal Drive Applicant: Bri-Mel Developments Limited Proposal for Five Lots for Single Detached Dwellings Background Material: Report PD-2002-46 - AND - Correspondence from Regional Niagara, Planning and Development Department. Public Meeting Zoning By-law Amendment Application AM-04/2002, 6170 Stanley Avenue and lands between Murray Street and Main Street Applicant: Andrew Cserpes Proposed Off-site parking for Free Fall Attraction/Restaurant At 6170 Stanley Ave. & Height Increase of 6170 Stanley Ave. Background Material: Report PD-2002-47 - AND - Correspondence from Mary Ferencich Correspondence from Lea Raven ITEM NO. 18 -4- Public Meeting Recommendation Report, Brookfield Court Draft Plan Of Subdivision; 26T-11-2002-02 (Revised) Owner: Cuviello Construction - In Trust (Agreement of Purchase and Sale) Zoning By-law Amendment Application AM-10/2002; Owner: Falls Manor Motel Background Material: Report PD-2002-48 - AND - Correspondence from Roman Cheese Products Limited. Correspondence from Lucille Coleman Correspondence from Mrs. Mary Gizzie & Family Members Correspondence from Robert D. Ainslie Correspondence from William Kandrocs Correspondence from George Waters, Waters & Meredith REGULAR COUNCIL ADOPTION OF MINUTES: Regular Council Minutes of April 29, 2002. MAYOR'S REPORTS, ANNOUNCEMENTS, REMARKS COMMUNICATIONS AND COMMENTS OF THE CITY CLERK The Niagara Shrine Club - Re: Proclamation - requesting that Council proclaim the week of June 2 - 8, 2002 as "Shriner's Week" and requesting that a flag raising ceremony be held on Thursday, June 6~, 2002. RECOMMENDATION: That the requests be approved. Stamford Centre Volunteer Fireman's Association - Re: 51,t Annual Carnival - requesting permission to hold their 51st Annual Carnival at the Stamford Green grounds from June 12 to June15, 2002 inclusive. RECOMMENDATION: That the request be approved subject to established policy. -5- 3. Correspondence from Margaret Mingle. Re: The Friends of the LundY's Lane Battlefield's Project. - AND - Memorandum from Chief Administrative Officer - AND - Memorandum from City Clerk - AND - Correspondence from City Solicitor -AND - E-Mail from Margaret Mingle RECOMMENDATION: For the Information of Council. Additional Items for Council Consideration: The City Clerk will advise of any further items for Council consideration. REPORTS COMMUNITY SERVICES COMMITTEE ACTIONS (Alderman Victor Pietrangelo, Chair) COMMUNITY SERVICES MATTERS 1. Chief Administrative Officer 2. Chief Administrative Officer Chairperson, Arts & Culture Commission FIRE SERVICES MATTERS 1. Chief Administrative Officer MW-2002-56, Watermains. Cathodic ProtectiOn of MW-2002-57, Installation of Gates and Warning Devices Beaverdams Road and Kalar Road at CN Rail Crossings. R-2002-22, Appointment to Arts & Culture Commission. FS-2002-08, Purchase and Installation of Address Sign Posts. 2. Chief Administrative Officer CORPORATE SERVICES MATTERS 1. Chief Administrative Officer -6- FS-2002-09, Agreement with The Regional Municipality of Niagara Temporary Training Site for Niagara Falls Fire Services Vacant Houses of Apartment Building - Roberts Street. F-2002-34, Municipal Accounts. MISCELLANEOUS MATTERS 1. Chief Administrative Officer 2. Chief Administrative Officer 3. Chief Administrative Officer Chief Administrative Officer Chief Administrative Officer L-2002-16, Establishment of Public Highways; Part 1 on 59R-11584 to be known as Oakwood Drive; Part 2 on 59R-11595 to be known as Drummond Road; Part 1 on 59R-11604 to be known as Beaverdams Road; parts 14 and 15 on 59R-11086 to be known as Willick Road. L-2002-22, Closing and Declaring Surplus Part Unopened Road Allowance; Designated as part 1 on Reference Plan No. 59R-11691; West of Kalar Road, North of Lundy's Lane. L-2002-23, St. John Ambulance; Lease Agreement with the City; 5734 Glenhoime Avenue. L-2002-24, Sale of Calaguiro Park. L-2002-25, Establishment of One Foot Reserve As a Public Highway - Block 23 on draft Plan of Subdivision Meadow Creek Three Subdivision 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 2002-077 To amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads (Stopping Prohibited, Parking Prohibited, standing Prohibited, Parking Meter Zones, Taxi Cab Stands, Loading Zones) 2002-078 To amend By-law No. 79-200, as amended. (Re: Everguard Coatings International Ltd., AM-13/2002) 2002-079 To stop up and close parts of the unopened road allowance lying between Stamford Township Lots 122 and 134 being designated as Part 1 on Reference Plan No. 59R-11691. 2002-080 To declare surplus the closed portion of a road allowance lying between Stamford Township Lots 122 and 134, designated as Part 1 on Reference Plan No. 59R-11691, and to authorize that public notice be given of said part 1 being declared surplus and of an offer to sell, for a period of 30 days, said part 1 to the abutting owners, in accordance with the Municipal Act, for the appraised value 2002-081 To appoint City employees, agents and third parties for the enforcement of provincial or municipal laws. 2002-082 To establish Part 14 on Reference Plan No. 59R-11086, as a public highway, to be known as and to form part of Willick Road. 2002-083 To establish Part 15 on Reference Plan No. 59R-11086, as a public highway, to be known as and to form part of Willick Road. 2002-084 To establish Part 1 on Reference Plan No. 59R-11584, as a public highWay, to be known as and to form part of Oakwood Drive/ 2002-085 To establish Part 2 on Reference Plan No. 59R-11595, as a public highway, to be known as and to form part of Drummond Road. 2002-086 To establish Part 1 on Reference Plan No. 59R-11604, as a public highway, to be known as and to form part of Beaverdams Road. 2002-087 To amend By-law No. 79-200, as amended. (Re: 4741 Zimmerman Avenue, AM-07/2002) 2002-088 2002-089 2002-090 2002-091 2002-092 2002-093 2002-094 -8- . To establish Block 23 on draft Plan of Subdivision for Meadow Creek three Subdivision, as a public highway, to be known as and to form part of Barrett Crescent. To authorize the execution of a Subdivision Agreement with 527786 Ontario Limited respecting the Meadow Creek Three Subdivision. To amend By-law No. 79-200, as amended. (Re: Frank Spadafora, AM- 06/2002) To amend By-law No. 79-200, as amended and By-law No. 88-184, as amended. (Re: Bri-Mel Developments Limited, AM-11/2002) To authorize the execution of an Agreement of Purchase and Sale with Kybala Ventures Inc. respecting the sale of lands being Part of Block 99 and Part of Domenic Crescent. To authorize monies for General Purposes (Re: May 13, 2002) To adopt, ratify and confirm the actions of City Council at its meeting held on the 13th day of May, 2002. NEW BUSINESS Rpr. ~. LIl/,/ 4;/L,RM ftl-.Rltl Ni,q. bfiltR I~IO.L~L ~'. I/I t. I iflg. FriLLS CLERKS'O~. 04~_9 J.:~3:~ 2002 V!,NEYARD CYCLE TOUR Hear NIAGARA April 29, 2002 HEART NIAGARA INC. Allied Health Building 5673 Nor[h Street, First Floor Niagara Falls, ON L2G 1J4 Phone; 905-358-5552 Fax: 905458-6033 heartnja_ oara~on.aibn .com www.heartniagara.com Clerk Department Niagara Falls City Hall Fax: .905-356-9083 Heart Niagara Inc. would like the opportunity to introduce the 2002 Vineyard Cycle Tour to Council and Staff on May 13, 2002 at the Council meeting. Our volunteers would like to discuss and thank the municipality for its ongoing support of this event. Heart Niagara will provide 24 packages by Thursday May 9~ so the infoxmation will be included in Council packages prior to the presentation. The dollars raised through sponsorship, registration and pledges at the 2002 Vineyard Cycle Tour on May 25, 2002 will go directly to offset program costs in the Grade Nine Heart Healthy Schools' Program; the program is delivered in partnership with the District School Board of Niagara, the Niagara Catholic District School Board and Regional Niagara Public Health Department a partnership which gives Heart Niagara Inc. the ability to deliver fitness, lifestyle, cholesterol education and CPR training to over 4,300 students each year. Heart Niagara receives many requests to increase programs of CPR and lifestyle education to other grades, your support will increase Heart Niagara's ability to expand programming. Heart Niagara Inc. is a regional non-profit registered charity, dedicated to providing community cardiovascular health promotion and community preparedness in the Niagara Region. Our mission is the primary and secondary prevention of heart disease through programs, which include public education; CPR; Public Access Defibrillation and Cardiac Rehabilitation. All dollaxs go directly to facilitate programs in the Niagara Region. These programs are financially responsible by using every resource our community has to offer, focusing on effective service delivery in a cost efficient manner. Sincereiy ~ Karen Stearne Executive Director Niagara Healthy Environment Initiative Pesticide alternatives are both possible and necessary Supporting Organizations Breast Canoe~ Research & Education Fund (Ontario) The Hamilton-Niagara Group of the Siena Club of Canada A~oei~tlon of Niagara C.~W. Niagara Resional Environment Cotmcil Council of Canadiam (coc) And Ee~mc~ic R,form (CO~'R) Canadian Org~mio Orowe~ ~sociation - Niagara Chapter Contact person: Marjo~y McPherson jimm~mcph~lx~on.o~g PH 905-734-7264 fax 905-734-8168 Mailing addre*~: 366 St Paul SWeet St. Cathadnes, ON L2R 3N2 April 9, 2002 Mayor Wayne Thomson and Council Members City of Niagara Falls 4:310 Queen Street Niagara Falls, ON L2E 6X5 Dear Mayor Wayne Thomson and Council Members,~ The NHEI wishes to attend an upcoming council meeting in order to present our concerns regarding cosmetic pesticide use and its effects on human health. Many municipalities across canada have already passed by-laws to ban or severely limit cosmetic pesticide use. This issue has also been successfttlly.fo~ all-thewayto the Supreme CoUrt: of Canada. Regional Niagara already has a huge agricultural burden of pesticide use; we must cut down on our exposure to these extremely toxic synthetic pesticides which are designed to be hormone disruptors and neurotoxins. There is mounting evidence against pesticides and recently, the Canadian Cancer Society released its position opposing the cosmetic use of pesticide and requesting that agricultural use be re- examined. The CCS is predicting a 70% increase in the incidence of cancer by 2020. We must start preventing those cancers now. The gardening and outdoor sports seasons are upon us and we must begin the education process of our fellow citizens as soon as possible. We are prepared to meet with Council at your earliest convenience. Please contact us at the address below. Sincerely yours, ~ Contact Person for: Niagara Health~r Environment Initiative 905-734-7264 17x2- t, tl ~ ,V .qoc8~ or emaih jimmarjmeph@beeon, org ~lI~l~ F~LLS CLERKS '0~. 05(~_ 1!:!4 Ward / At Large System Mayor Thomson and members of city council I am putting forth these proposals for your approval but most of all to generate a solution to the ward / at-large debate. During the speeches of the last council meeting and all the correspondence that has come my way from the council I have come to the conclusion that 1/2 the council wants a ward system AND half want an at-large system. Half the citizens want to change the ward system. This proposal is quite a change from my proposal of two week ago. I sense throughout my limited research that people are happy with the ward system but would like to see some changes. Their biggest complaint was the boundaries. My first suggestion is to realign the boundaries. Thorold Stone and McLeod Roads are poor boundaries since residents on both sides of the street share the same concerns and issues. The boundaries now split the Main~erry and Lundy's Lane business districts into two. These boundaries also merge the Downtown and Clifton Hill areas. I truly believe the people who live around the McLeod Road Canadian Tire do not share the same concerns within their ward as residents of Willoughby and Crowland. My suggestion is to merge into four wards and have representatives equal to the number of voters per ward for a total of twelve. Stronger physical and natural boundaries such as highways and one of the railways are more divisive. Highway 405 QEW WARD 3 WARD /~,_~Highway 420 1 ~ WARD2 Southern Railwav WARD 4 In this sketch, I offer those boundaries such as the QEW, Highway 420 and the Canadian Southern Railway. Ward 1 would be west of the QEW and north of the Canada Southern Railway. This ward will be the big growth area and includes some rural areas, the big growth areas growing into the rural areas and some of our major industrial areas. Ward 2 would be east of the QEW, south of Highway 420, north of the Canada Southern Railway. This ward would include all of the major business districts Lundy's Lane, Main and Ferry, Clifton Hill and the Casinos and the residential areas that must deal with these districts. Ward 3 would be east of the QEW and north of Highway 420. This ward is very residential and well established. It also has the Downtown area and its residential area. Ward 4 would be south of the Canada Southern Railway. This area would include Chippawa, Willoughby and Crowland. This ward includes the rural areas, the areas growing into the rural areas and some of our industrial areas. My suggested numbers are Ward One with two representatives, Ward Two with three representatives, Ward Three with five representatives and Ward Four with two representatives. My suggested names of wards are Ward 1 - West, Ward 2 - Central, Ward 3 - North and Ward 4 - South. Any changes that need to be made to the ward system need to look at the future, be flexible for minor changes but most of all it needs lots and lots of attention and advertising. Once the system has been developed then you must learn to live with it. My second suggestion has come from a long discussion with a pro at-large person, Victor Ferdauolo. The ward system in concept is not as much as challenge as the current application of it. The biggest concern of the ward system proponents is fair representation and I believe the realignment of the boundaries continues that purpose. The biggest concern of the pro at-large faction is their inability to vote for all twelve aldermen. When the next election occurs that anyone interested in running for alderman will select what ward they want to represent. Any Niagara Falls voter has the ability to select from one to twelve aldermen. Given that the new boundaries are adopted they can select from one to the total number of representatives for each ward. Ward 1 - Two / Ward 2 - Three / Ward 3 - Five / Ward 4 - Two. There is very little movement in the present council based on where they live now. There is one extra alderman in Ward Three and possibly one of them who lives near the boundary could mn in Ward Two. Basically this has now created an at-large / ward system. My third s. uggestion is to change the term alderman to councillor so we can get into the year 2002. The citizens have been asked their opinions through petitions, referendums, surveys and the short-lived public meetings. The message was loud and clear they want equal representation from all areas. Any change to the ward system is almost a guarantee to go to the OMB. The proposals put forth do not sway from the equal representation model created from the OMB hearing. A realignment of boundaries has occurred in every communitiy in Ontario, even Welland and St. Catharines. We are still relatively new to the concept of a tree ward system so changes are expected. I would think this proposal is not only a solution, it is also a compromise, which comes from most healthy debates. I have been told of one suggestion is to go at large and then the council or mayor will pick who represents each area. I believe that it should be up to the citizens who they want. With all this talk about eliminating certain aldermen, we must be reminded we as citizens are the only ones who can get rid of people who they deem unfit by voting. To quote your own report "the key is to f'md a system that best fits the community in question". This is not for your best interests but for the best interests of the city. Thank you. Corporate Services Department The City of Niagara Falls Canada 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-2002-43 May13,2002 His Worship Mayor W. Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD-2002-43, Zoning By-law Amendment Application Temporary Use By-law AM-15/2002, 5815 Victoria Avenue and 5740 Ellen Avenue Applicant: 1057748 Ontario Inc. Agent: Brandon Boone Proposed Temporary Off-site Parking for Pump's Night Club RECOMMENDATION: It is recommended that Council approve the application to amend the zoning by-law to permit a portion of the required parking for the Pump's Night Club at 5815 Victoria Avenue to be provided temporarily (3 years) on leased lands located at 5470 Ellen Avenue. THE PROPOSAL: 1057748 Ontario Inc., through its agent, Brandon Boone, has applied for a Zoning By-law amendment for the lands known as 5815 Victoria Avenue, Pumps Night Club, shown as Parcel 1 on Schedule 1. The amendment requested is to permit parking for the night club to be established on an interim basis on contiguous lands known as 5740 Ellen Avenue (Parcel 2 on Schedule 1) through a temporary use by-law. The additional parking is required as the applicant intends to increase the seating capacity of the existing restaurant; no physical expansion of the building is proposed. Schedule 2 illustrates the details of the development. The lands are zoned Tourist Commercial (TC- 177). Special provision 177 permits a 9-storey hotel to be developed on the lands. As parcels 1 and 2 are now under different ownership, Parcel 2 cannot be used to provide parking required for any development on Parcel 1. 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 received to date: Municipal Works Dedication of a 5.0 foot road widening along the full frontage of Ellen Avenue - to be taken through Site Plan approval process. Working Together to Serve Our Community Clerk's · Finance . Human Resources · Information Systems · Legal Planning & Development May 13, 2002 - 2 - PD-2002-43 Parks, Recreation & Culture Building & By-law Services No objections. Any increase to the current occupant land of the night club shall require a building permit. PLANNING REVIEW: 1. The proposal is within the intent and purpose of the Official Plan. The subject land is designated Tourist Commercial in the Official Plan and located within the Clifton Hill Subdistrict. The Plan states that a wide range of commercial/entertainment uses are permitted within the subdistrict with the area east of Victoria Avenue. The Plan further states that surface parking lots, while permitted, tend to detract from the pedestrian environment and should be screened from the street by appropriate setbacks and landscaping. Also, the Plan contains policies respecting temporary use by-laws which specify certain matters that have to be considered when assessing an application. Temporary uses are to be of limited duration, involve no major investment or construction, be compatible with existing uses and not adversely affect the future use of the subject or surrounding lands. As shown on Schedule 2, parcels 1 and 2 are contiguous. Parcel 1 currentlyprovides parking for the existing Pumps Night Club. Parcel 2 is being operated as a commercial parking lot. Utilization of Parcel 2 as temporary parking for an expanded night club is, with one notable exception, consistent with the applicable policies of the Official Plan. The lack of landscaping currently existing does not comply with the Plan's policies respecting parking. Schedule 2 does, however, illustrate that landscaping can be provided. As the depth of the landscape strip along Ellen Avenue is only six feet, the landscaping should be augmented with a decorative wall or ornamental fence, as recommended by the Streetscape Master Plan, in order to adequately screen parked cars from pedestrians and to improve the pedestrian realm of Ellen Avenue. Such improvements of private property along Ellen Avenue are vital in order to upgrade the current "parking lot alley" atmosphere and to achieve a pedestrian presence on this street. 2. The requested temporary use by-law is appropriate. As noted above, Parcels 1 and 2 are under separate ownership. The owners are presently unwilling to merge the properties under one ownership. Given this, a temporary use by-law to permit Parcel 2 to be used for the parking required for the night club expansion is appropriate. Under Section 37 of the Planning Act, temporary use by-laws can only be enacted for a maximum of three years. Should the lease be terminated, the applicant will have to reduce the seating capacity of the night club to the point where the parking on Parcel 1 meets the requirements of the zoning by-law. Alternatively, other off-site lands could be obtained, however, zoning approvals would be required. It should be noted that, should this application be approved, the operation of a commercial parking lot on Parcel 2 will have to cease. No licences for a commercial parking lot can be issued while the temporary use by-law is in affect. May 13, 2002 - 3 - PD-2002-43 3. The proposal will be subject to a site plan agreement. Municipal Works has commented that a 5-foot road widening will be required along the full frontage of Ellen Avenue. The Official Plan requires that all local roads, such as Ellen Avenue, have a minimum width of 66 feet. Ellen Avenue is currently 40 feet wide along most of its length. A 66-foot width is unachievable due to the location of buildings. Fifty feet can be obtained, however, with 5-foot dedications on either side having been required and dedicated to the City through site plan agreements in the past. Details of the landscaping are to be included within the site plan agreement. Appropriate screening is to include tree and shrub planting in combination with a decorative wall or ornamental fence. Such improvements will serve to upgrade the current streetscape of Ellen Avenue. CONCLUSION: The requested temporary use by-law can be supported for the following reasons: With the addition of appropriate landscaping, the proposal complies with the intent and purpose of the Official Plan. A temporary use by-law is appropriate for an interim use for the parking required for the proposed night club expansion. -Y6hn~]amsley Planner 2 A site plan agreement will secure the desired road widening and landscape screening. R_espectfully subm. itted: . ~J John MacDonald ~/ Chief Administrative Officer Recommended by: ~.ug Darbyson Director of Planning & Development Approved by: Tony Ravenda Executive Director of Corporate Services JB:am Attach. FILE: S:~PDR~2002~PD2002-43.wpd SCHEDULE 1 LOCATION MAP Subject Property Amending Zoning By-law No. 79-200 5815 Victoria Avenue Applicant: 1057748 Ontario Inc. AM- 15/2002 I:NTS SCHEDULE 2 Date: To: Re: ~A May 2, 2002 MUNICIPALITY OF NIAGARA REGION,~L PLANNING AND DEVELOPMENT DEPARTMENT Doug Darb¥son, MClP, RPP Director of Planning & Development City of Niagara Fails REGIONAl. AND PROVINCIAL REVIEW COMMENTS Scanned Zoning By-law Amendment Application 1057748 Ontario Inc. 5815 Victoria Avenue City of Niagara Fa!Is Your File: ~1~ RECEIVED MAY 0 2 2002 . ?:VELOPMENT Propoaah To permit pad(lng for a night o'lub establishment to be located on adjacent leased lands for a temporary period of up to 3 years. REGIONAL REVIEW Regional Po/icy Plar~: Urban Area Regional Public Work, s: Refer to Public Works Comments Regional Public Health: Not Applicable Additional Comment8: The City should bo satisfied that long term parking can be provided in the event that the lease Is not renewed. PROVINCIAL REVIEW 13aaed on available information, this proposal affects/does not appear to affect the interests of the following Provincial Ministrlea: Minist[y of Agriculture, Food & Rural Affairs Mlnletry of Citizenship, Cullum & Recreation Ministry of Environment Ministry of Municipal Affairs & Housing Mlnlstry of Natural Resources Additional Comments; INTERESTS INTERESTS AFFECTED NOT AFFECTED RECOMMENDATION8 [] 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: Prepared by: Peter Coloslmo, Planner Development Implementation Services Please send notice of Council's dec/sion. Copy to: W. Stevens, Regional Public Works 3550 $chmon Parkway P.O. Box 1042 -- Thorold Ont. L2V 4T? -- Phone (905) 984-3630 FAX (905) 641-5208 I 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-2002-44 May13,2002 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD-2002-44, Zoning By-law Amendment Application AM-13/2002, East side of Oakwood Drive and North of McLeod Road Applicant: Everguard Coatings International Ltd. Proposed Ice-skating Rink and Ancillary Recreational Uses RECOMMENDATION: It is recommended that City Council: 1) approve the Zoning By-law amendment application to add "recreational use" to the Light Industrial (L1) zone on the subject lands; and 2) pass the zoning by-law, included in tonight's agenda, to implement the proposed amendment. THE PROPOSAL: Everguard Coatings International Ltd. has requested an amendment to permit the establishment of an ice-skating rink on a parcel of land located on the east side of Oakwood Drive, north of McLeod Road (see Schedules 1 and 2). The lands are zoned Light Industrial (LI) in accordance with Zoning By-law No. 79-200. The zoning amendment would add recreational uses as a permitted use within the existing LI zoning. The proposed ice surface would have a dimension of 18 metres by 36 metres (60 by 120 feet) and is intended to accommodate specialized play or small group coaching and training or 3 on 3 matches. The total building area would have an area of 1,368 square metres (14,730 square feet) and would include change rooms, a games room, party room and a lounge (see Schedule 3). The site is large enough to construct a second ice surface in the future. Working Together to Serve Our Community Clerk's Finance · Human Resources · Information Systems · Legal Planning & Development May13,2002 -2- PD-2002~44 CIRCULATION COMMENTS: This application was circulated to City departments, the Regional Municipality of Niagara and the public for comment. The following comments have been received to date: · Public Works Parks, Recreation & Culture no need for road widening along Oakwood Drive construction of sidewalks not warranted at this time site plan control would be needed to address stormwater management, grading and servicing Development Charges would be applicable at building permit issuance no objections PLANNING REVIEW: 1. The proposal complies with the intent and purpose of the Official Plan. The subject lands are designated Industrial inthe Official Plan. The predominant use of land is to be for industrial purposes. Uses which are ancillary industrial operations are also accommodated. In order to accommodate changing market conditions and new development trends, the policies allow Council to consider amendments to the zoning by-law to permit recreational uses within industrial districts. These recreational uses are to be restricted as to their location, size and extent of operation so that the industrial function is not diminished. Lands fronting on controlled access highways and arterial roadways are to be preserved for industrial use. The proposal complies with the intent and purpose of the Official Plan. It has been observed that commercial recreational uses are locating in industrial areas of other municipalities without conflict. The site does not front onto a highway or arterial road and would not encourage a proliferation of such uses on these arterials. The location of the subject site, on the east side of Oakwood Drive, would preserve lands on the west side of Oakwood Drive, with frontage on the Q.E.W., for industrial uses that require high visibility. The site is conveniently located near McLeod Road and the Q.E.W., minimizing additional traffic movements through the industrial area. The site is adjacent to a recreational use (the Millennium Trail) to the east and Tourist Commercial designated lands to the south. It is at the periphery of an industrial area and thus an appropriate location for a non-industrial use. The facility will not adversely impact adjoining or surrounding industrial and park uses. 2. The requested zoning is appropriate for development. The proposal will retain the existing industrial zone and add a new use. A recreational use is defined to include parks, playgrounds, tennis courts, lawn bowling greens, skating rinks, curling rinks, athletic fields, golf courses, golf driving ranges, miniature golf courses, picnic areas, swimming pools, day camps and community centres. Some of these uses, such as a basketball court or indoor soccer field, would still be appropriate for the lands and should not have an additional impact, while other uses are unlikely to develop because of land constraints. May 13, 2002 - 3 - PD-2002-44 The same LI zone provisions for building height, setback, landscaping etc., will be applicable to the recreational use. The proposed ice arena is not dissimilar from the size and scale of most industrial warehouse buildings. A number of accessory uses shown on the floor plan, such as the party room, lounge and games room, are ancillary in nature and uses that would typically be found in a recreational use such as an arena or community centre. Parking for recreational uses is required to be provided at a rate of one space per 40 square metres (430 square feet) of floor area under By-law 79-200. There appears to be sufficient parking to accommodate the use. The site has space to provide additional parking on-site should the facilities be enlarged in the future. CONCLUSION: The requested amendment can be supported for the following reasons: · The proposal is within the intent and purpose of the Official Plan. The proposed use is compatible with other permitted Light Industrial uses and should not generate unacceptable traffic impacts. Prepared by: Andrew Bryce Planner 2 Recommended by: Respectfully submitted: d Chief Adm'mistrative Officer Doug Darbyson irector of Planning & Development Approved by: Tony Ravenda Executive Director of Corporate Services Attach. S 5P DRX2002hUD2002 -44.wpd SCHEDULE 1 LOCATION MAP Subject Property Amending Zoning By-law No. 79-200 East Side of Oakwood Drive, North of McLeod Road Applicant: Everguard Coatings International Ltd. AM- 13/2002 1 :NTS I / / 1 / / / I / / / SITE PLA N ~le: l' - 20' LOT 23 LOT 22 i KEYING: RECEIVED MAR 2 8 2~8Z KEY PLAN i~ ~FIfI(I~IHDS Site Plan ARCHITECT ? \ ? ? ? ? ? ? SCHEDULE 3 / / ~A REGIONAL MUNICIPALITY OF NIAGARAii, PLANNING A_ND DEVELOPMENT DEPARTlVIENT Date: To: Re: May I, 2002 Andrew Bryce Planner 2 CRy of Niagara Falls RF. GIONAL A_ND PROVINCIAL .REVIEW COMMENTS Zoning By-law Amendment Application Everguard Coatings International Limited Planning I 7oN,N East Sid,e of Oakwood Drive, North of McLeod Road City File. AM-13~002 Proposal: RECEIVED MAY 0 1 2002 PLaNNiNG _ .DEVELOPMENT To permit the oonetruction of a 1,368 sq.m. (14.730 sq.ft.) building for an ice skating rink and ancillary recreational uses on lands currently zoned Light Industrial (LI). 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 CIUzenehip, Culture & Recreation Ministry of Environment Ministry of Municipal Affairs & Housing Minisby of Natural Resources Additional Comments: INTERESTS INTERESTS AFFECTED NOT AFFECTED RECOMMENDATIONS ~ Based on our review, Regional Planning Staffhave no objection to the approval of this application. [~ The following are additional comments or conditions of approval: The proposed recreational use will COmplement the adjacent ulllennfurn Trail. The City should ensure that exs~s are retained wherever possible. Peter Coloslmo, Ple'~l~er-~...,~v . Development Implementation Services Please send notfce of Council~ decision. Copy to: Doug Darbyson, Director of Planning and Development 3550 Sehmon Parkway P.O. Box 1042 -Thorold ertl L2V 4T7--.Phone (905) 984-3630 PAX (905) 641-52:05 J The City of Niagara Falls I - Corporate Services Department Planning & Development 4310 Queen Street P.O. Box 1023 Niagara Fails, ON L2E 6X5 web site: www. city.niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905) 356-2354 E-mail: planning@city.niagarafalls.on.ca Doug Darbyson Director PD-2002-45 May 13, 2002 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD-2002-45, Zoning By-law Amendment Application AM-33/2001, 6039 Falisview Boulevard Applicant: Orsini Bros. Inns Inc. Agent: Italia Gilberti, Broderick & Partners Proposed 29-storey Hotel RECOMMENDATION: It is rec6~ead~at E~6'~n~'~il d.o~e ~zoni~ 5* ' THE ~QUES~D ZONING ~ND~ TO INC~ASE THE HEIGHT LIMIT FROM 15 STO~YS TO 29 STO~YS SUBJECT TO SECTION 37 AG~E~NT TH~ PROPOSAl: ~G~ING a ~VISED STO~ WATER ~AGE~NT PLaN Orsini Bros. Inns Inc., through its agent Italia Gilberti, have requested an amendment to the Zoning By-law to pel'mit a 29-storey hotel at 6039 Fallsview Boulevard (see Location Map, Schedule 1). The applicant has approval for a 15-storey hotel which is under construction. The applicant is requesting a zoning amendment to increase the height limit fi.om 15 storeys to 29 storeys. Schedule 2 illustrates the details of the development. BACKGROUND: The applicant initially proposed the 29-storey building about 15 months ago. Planning staffand the Architectural Peer Review (APR) panel both advised the applicant that there were concerns with the proposal that were significant and substantive. The applicant reduced the height of the proposal to 15 storeys in light of the concerns in order to obtain zoning approval and commence construction. The subject application is merely a resurrection of the initial proposal. Working Together to Serve Our Community Clerk's · Finance · Human Resources · Information Systems · Legal Planning & Development May 13, 2002 - 2 - PD-2002-45 The zoning by-law for the 15-storey building was subject to an Ontario Municipal Board (OMB) hearing. The appeal, in part, focussed on the nature of the City's Design Criteria for high-rise buildings. The Board concluded: that a specific set of built form regulations and design criteria has been established, is in place and is being applied. and further: that the form and method of implementation of these criteria was carefully thought out, fully rationalized and intentionally implemented in just a way to achieve the desired balance between regulation and flexibility. CIRCULATION COMMENTS: Information regarding the application was circulated to City departments, government agencies and the public for comment. Municipal Works has commented that a revised stormwater management report will be required for the 29-storey proposal. No other comments have been received. PLANNING REVIEW: 1. The proposal does not comply with the intent and purpose of the Official Plan. The subject lands are designated Tourist Commercial in the Official Plan and are within the Fallsview subdistrict. The Official Plan contains specific policies respecting high-rise buildings. These policies state that tall buildings are to be carefully designed with regard to massing and siting. Council will consider the merits of development applications having regard to the policies of the Official Plan. Additional building heights may be allocated where Council is of the opinion the intent of the Plan and design criteria are being adhered to. (a) The proposed 29-storey building will contribute to the creation of another wall of buildings. The policies direct that a solid wall of buildings should not be created when viewed from Queen Victoria Park, the United States or the City. To ensure a wall does not occur as buildings become taller, they should provide appropriate gaps between buildings. By stepping the buildings back at the 4th floor level and again the 15t~ storey, a space is created in the skyline. The building does not step back at the 15th floor. Therefore, the result is the creation of a "slab" type building which the policies seek to avoid. This is not insignificant because the magnitude of the results will be compounded as development continues. If approved, the massing of the building will essentially set the stage for further slab type buildings in the area on the large tracts of land to the east which have the potential for high-rise development. When this factored in, it is clear that there is potential for the creation of another wall of buildings. While typically the focus has been on Queen Victoria Park, the policy also has regard for the City. May 13, 2002 - 3 - PD-2002-45 (b) The building will dominate the skyline and have a significant visual impact. The intention of the Official Plan is to permit tall buildings to be built, but to reduce the massing and visual impact. A reduction in massing is accomplished by reducing the width of the building facade above the 15th floor. The proposed building does not have a reduced upper tower section. Because of this, the building will visually dominate the skyline, the surrounding low-rise tourist development and the adjacent land uses. A reduction in building mass above 15 storeys, together with a change in materials or surface articulation, would assist in lessening the visual impact on surrounding lands and the skyline. (c) Adverse wind conditions will be created. The Official Plan seeks to mitigate adverse wind impacts and excessive shadowing on City streets which affect the pedestrian environment. Environmental impacts will be significant, especially with respect to wind. The pedestrian level wind study, prepared by the applicant's consultant, indicates that severe wind conditions at ground level will be created by the deflection of wind down the west and south building faces. This will necessitate the installation of wind screens and canopies without which pedestrians may be prevented from using certain areas. Some of these impacts will affect the land uses to the south and pedestrians on the sidewalk along Fallsview Boulevard. A stepped building form would deflect wind away from the building face at upper levels thereby resulting in more favourable ground surface conditions. Shadow drawings indicate the City's criteria is being met. (d) The development does not propose pedestrian level uses to enhance street activities. Policies in the Official Plan seek to ensure that new developments enhance the pedestrian realm byproviding for pedestrian-scale design and street level activities. The Official Plan encourages street front buildings in order to engage pedestrians and to avoid an inactive street resulting from the sole development of accommodations. The hotel is set back from the street such that it lacks a street presence that would further assist in enhancing the pedestrian environment. As noted in the APR report: "One would expect theproject to address one of the two streets (it fronts onto) or both with activities and building elements which provide interest to and services for pedestrians and mitigate the scale of(the) tower structure (at 29 storeys). This idea is fundamental at the acceptability of extra high buildings and one of the basic amb!tions of both TADS and (the Official Plan). Unfortunately, as the building is under construction, the opportunity to site the building closer to either street has been lost. There is, however, opportunity to enhance the pedestrian realm within the context of the current landscape plan. During preparation for the appeal of the current amending by-law, the applicant agreed to provide for future development of pedestrian-scale uses at the street. As can be seen from Schedule 2, the site plan does not include any provision for street level uses. The landscape screening of the parking lot, while fulfilling the requirements for such a landscape treatment, fails to enhance street activities. May13,2002 -4- PD-2002-45 (e) The form of the proposed roof at the top of the building will provide a distinctive skyline element. The Official Plan requires that buildings be designed to add distinct and interesting features to the skyline. The building will have a hip roof with stone piers and will have a notable presence. It fits the lodge theme of the building's design. 2. The 29 storey hotel does not satisfy the City's design criteria for high-rise buildings. The applicant has requested a zone change in height from 15 storeys to 29 storeys. The property is located within an area identified in the Official Plan where Council can consider applications for additional height up to 30 storeys. It is noted the height of the podium level exceeds the 12 metre (40 foot) limit in the zoning by-law. The height of the podium should be addressed in any mending by-law. The goal is to provide a process which is flexible in its requirements but relies on built form control and design review to ensure projects are consistent with planning policies. The City adopted a set of built form regulations to implement the Official Plan policy and serve as guidelines to ensure the design objectives are achieved. The Design Criteria state that buildings are to become narrower with increasing height. Two significant dimensions are prescribed in order to control massing: the tower portions of buildings are not to exceed 60 metres (196 feet) of building frontage between the 44 and 154 storey and 40 metres (131 feet) above the 154 storey. The proposed building has a frontage dimension of over 61 metres (200 feet) from the 3ra to 29th storeys. The frontage of the building between the 44 and 154 floors is marginally greater than the guidelines and accepted as part of the previous approval. However, the building facade above the 15th floor, exceeds the criteria by 21 metres (68 feet). This is a substantial increase over the design criteria. The width of building facades is normally secured through the zoning by-law schedules. No reduction in building form is proposed or requested. The Design Criteria specify side yard setbacks of 17.5 metres (57 feet) above the 15th floor level. The proposed building does not meet this requirement on the south side as a setback of only 13.7 metres (45 fee0 is proposed. 3. The applicant had been advised of the contraventions in building design and has not satisfactorily addressed them. When the 29-storey proposal was initially submitted, about 15 months ago, the applicant was notified of the lack of design compliance by both staff and the APR panel. In Planning Report PD-2001-36 regarding the 15-storey building it was stated: A further application will be necessary for any additional height or building expansion. Should the applicant wish to add to the number of storeys, it will be necessary to step-back those floors above the 15th storey. Given that any May 13, 2002 - 5 - PD-2002-45 subsequent application would have to be reviewed on its merits, the project architect should endeavour to design the building in such a manner that will not place constraints on the building's compliance with the Design Guidelines. Similar comments are contained in the APR panel report: "This project was reviewed in two separate meetings in several telephone conversations with Mr. Michael Kirkland during the development of the 15- storey project. The proponents were advised that: Any attempt to build vertically to 30 storeys as an extrusion of the 15- storey building would be inappropriate since it would violate permitted building widths above 15 storeys. Any additional building on site (after 15 storeys) would trigger the necessity of addressing street frontages with building elements. The proposal was submitted without tala'ng advantage of a meeting with Peer Review that was offered; and without addressing either of those previously expressed fundamental requirements. The project as proposed in the application proposed, instead, parking lots on both street frontages, no reduction in width at the 15th storey, and the various other reservations registered in this report. 4. The Architectural Peer Review (APR) report (see Schedule 3) found the proposed development was not consistent with the design guidelines. The Peer Review Panel found that the building design will negatively impact on the skyline due to: · excessive building frontage above the 15th storey; and because it · lacks a discemable tower portion. It was noted the building makes no contribution to the quality of the street frontage. It was concluded this proposal should not be recommended for acceptance by the APRP due to: · obvious non-compliance with massing and setback requirements; · non-consistency with TADS Design Criteria for High-Rise Buildings. CONCLUSION: The requested amendment cannot be recommended for the following reasons: The proposal is not within the intent and purpose of the Official Plan since the massing of the building is not reduced above the 15th floor. May 13, 2002 - 6 - PD-2002-45 The Design Criteria are guidelines and provide some flexibility. However, the 29-storey building will result in significant and substantive impacts to the skyline and surrounding lands because of massing. The proposal could not be recommended for acceptance by the Architectural Peer Review Panel. Planner 2 Respectfully submitted: J;h~e fMAacdn~?n~salt~dat iv e Officer and l~ex Herlovitch Deputy Director of Planning & Development Recommended by: /Doug Darbyson ~ Director of Planning & Development Approved by: Tony Ravenda Executive Director of Corporate Services JB/AH:am Attach. S:kPDRk2002kPD2002-45.wpd SCHEDULE 1 LOCATION MAP Subject Land Ferry Street Amending Zoning By-law No. 79-200 ® 6039 Fallsview Boulevard Applicant: Orsini Bros. Inns Inc. AM-33/2001 I:NTS SECTION THRU PARKING STRUCTURE RECEIVED .L.OOATION PL~ (~ OFF$1TE PARKING :~-x 04/29/02 10:04 1 FAX 4169'-~ 327 KTRKLAND HE K RKI. APiD PARTNEn N C. k I C 'H I T E AM-331ZUU1 PD-2002-45 S HIP SCHEDULE 3 C T S Peer Review Evaluation Ledge By The Falls 6039 Fallsvia~v Avenue Apd118, 2002 PmjecL No.: 01-2557 T~ Following is a peer review of the subject property 1. BACKGROUND Garwood-Jenes & Hanham Architects (GJH) are appointed by the Niagara PadLs Commission (NPC) io serve on the City of Niagara Falls (City) Amhiteduml Peer Review Pans1 (APRP) which includes James H.V. Douglas (Landscape Architect for the City) and lhe Kid(land Partnership Inc. (Kid(land) which chairs lhe Panel. Documents provided to GJH by the City for ils use on while se~ing on the APRP include: · Tourist Area Development (TADS) Application Guk~e dated December 2001. · Niagara Falls Tourist Area Development Strategy (TADS) dated June 1998. · Amendment No. 26 to the City of Niagara Falls Official Plan (OPA 26). 2. SUBMISSION CONTENT Our comments are as follows regarding the following submission documents received Mar 1/02: · 1 DrawinQs by Peter J. L~dew Architect and da~od Nov 6iTl1 unless rioted othen~ise: · Topographic Sketch by Matthews, Cameron, Heywood - Kerry T. Howe Surveying Ltd. dated Nov 28100. A-l, Site Plans dated Feb 25102. e A-2, Landscape Plan e A-3, Landscape Plan · A-4, Silo Servicing Plan dated Feb 25/02 · A-5, ConteKt and Massing Plan · A-6, Shado~ Study Plans · A-7, Basement to Third Floor Plans · A-8, Tnwe~ Floor & Roof Plans A-9, East & North Elevations e A-10, West & South Elevations · A.11, Cross Sections .2 QualitalNe Assessment of Pedestrian Wind Conditions for Irwin Inc. (RWDI) dated Mar 2/01. .3 Proposed Lodge-by-the-Falls Hotel & Spa, Traff~ Impact Study by Delcan dated Jan 22/01. 3. CONSISTENCY WITH GENERAL DESIGN OBJECTIVES The proposed landscaping generally appears to be sufficient to supporl the concept of creating a 'Park in the City"_ Refer to comments by James Douglas for a more deta~ed evaluaJon o! the proposed landscaping. The proposed development does not impede on the alignment of the Peopte Mover or lhe Grand Bculeva~l. 225 Richmond Street West. Suite 500, Toronto, Ontario MSV lW2 Tel; (416) 977-8EI80 Fax: (416) 977-13Z7 e-mall; kirklandOistar.ca 04/29/02 10:04 THE KIHK[ANil PAHTNI:n I# £. ARCfllTECTU BE PLANNING UNI AN The buLIding design w~ll negatively impact on the skyline d~ to: , Excessive building frontage above the 1~ storey (see Seddons 4 and 9). , Lack of a discernible tower portion (see section 9). DESIGN ~03 MA$~ING / SETBACKS The Site Plan does not indicate which yards are to be reganded as front, side or rea' for ale puqx)se of assessing compliance with TADS setback requirements, Fallsview Boulevard is assumed to be b~) front yard of the property for the purpose of this review. Maxirouro BuildI~ Fronta.qe Dirmensions necessary to assess compliance are not provided on the Drawings. The Drawings have been scaJed for the purposes of this review. The north-south dimension of the buiding from Ihs 5m to the 15~h storey scales at 61.57 m (202') which is roarginally in excess of lbs permitted maximuro B0 to. The nalh-south dimension of the building above the 15th storey also scales at 61.57 ro (202') which Is sJgniflcantb/in excess of the permitted maximuro 40 m. .2 Setbacks The proposed south side yard setback of 13.69 ro {44'-11') meets the mquireroent of 12.5 mn for the 5m to the 15a storey. This saroe propesnd south side yard setback of 1.3.69 mn (44'.11") does not meet the requirement of 17.5 ro above the 15~ storey. The proposed nodh side yard setbacks are in coropiiance. The minimum requirements for front and rear yard setbacks have been s~fully met although the TADS intent, for the buikling podium to be built in the property line without setbaoks, has not been roeL .3 Buildinq He~ht A 2-storey pediuro is proposed whereas TADS requires 4 storeys. Due to the slope of the site, the podium height is nearly 3 storeys at the no~ end where the Basement Floor level nears the finished exterior grade. The proposed overall height of 29 storeys and 82.75 m (271'-6") is within the maxirouro permitted 30 storeys and g0 ro for this slte location. .4 Massi~ and Street Fro~ts The building makes no conMbutJon to the qualiby o! street frontages (see 5.0, Relationship to the Street) RELATIC)NSHIP TO STREET The site does not border on any Falls Access Streets and lflerefore landscaped Eh. try Points are not required and design criteria for Fails Access Streets are not applicable. The site does not front on the planned Grand Boulevard or any Retails Sb'eete and is therefore not subject to applicable requirements. 04/29/02 10:04 FAX 4169' '327 KIRKLAND THE KIRI(LAND PARINEuSHIP INC. ARCHITECIUILE r LANNIN6 URBAN DESIGN The proposed development does border on Stanley Avenue and is therefore subject to Entry Corridor requirements, which have been assessed as follows: ,, The proposed pedestrian sidewalk width of 1.2 m (4'} is less tha~ the required width of 1.5 to 2 m. · The Lafldscape Plan does not provide a double mw of in-ground street ti'ecu planted wilhin 6 m of each other. · The street ~dth appears to make the recluired aJIowsnce for on.street pa~ng. · Parking lots are successful[y screened fTom the slTeet by a combination of Iow walls and landscaping. · Notes on the Site Plan suggest that provision will be made for directional signage and way-finding systems. Although the project enjoys frontages on two ~beet fronts, Stanley Avenue and FaiIsview Boulevard, it contributes ~ilding frontages to neither, required by section 4.4.6 of OP 26: High ~se developments shall not ovenshelm the public maim, nor shall they collecl~ly create a solid wall at the to~ of the escerpmer~ The intention ia to pe~it tall buJTding~ to be built but to red~_e their masson and vlsua~ imDect as they become taller end to provide appropriate gaps befween them. At lower levels, bul7dfn~, s will be_oefrnitted to develqp to the p_mperlv line in_ order to enhance afro, at level activi~es and under OP 26, 4,4.76: b. to insure thet new developments enhance the pedestrian environment at the street level by reflecting a pedestdar>scale desloll: One would expect the project to address one of t,~ two sheets or both with ac~ities and building elements which provide interest to and services for pedest~tsns and mitigate against the scale of tower structures (at 29 stories). This idea is fundemenlal to the acceptab~tty of extra high buildings and one of the bauic ambitions of both TADS and OP 26. RELATIONSH!P TO ADJACENT BUILDINGS The requirements for spatial separation of adjacent buildings on the same property are not applicable. There is insuffH:ient information about existing and planned neighboudng developments to assess the impact of this proposed development on the view of adjacent buildings. Proposed windows in the towsr floor levels generally look east and west, are generously set back from property lines and further separabad from neighboudng proper~es by streets. As e re. suit, the location of windows is unl'~kely to create privacy concerns due to overlook onto adjacent propedies. An exception to this may be the comer windows in proposed suites at the north and south ends of the building, which wtli view int~ adlacent properties for which existing and proposed uses have not been identified. The Applicant should give consideration to this potential issue, palicularty et the south end of the properb/where setbacks of the building above the 1~~ sforey are not in compliance with TADS requirements. Depending on abutting uses, parking structures and maas may not be sufficbrtdy buffered from adjacent properties_ Refer to Section 7 of this Report for further detail. 7. LOCATION OF PARKING & SERVICING The proposed parking is a combination of a parking structure, and on-site and off-site surface lots. The proposed parking structure meets the requirement to be separated from the streets by a 6 m landscaped setback in lieu of being constructed to the street line with ground floor retail or other publicly-accessible uses. The structure does -7- 04/29/02 10:04 FAX 4169"'~32'~ KIRKI'AND - ' THE KIRKLANI) PAttTNE,SHIP INC. AiCHIT[CTUNE PLANNING UBIAIi DESIGN not. however, appear to have an enclosed finished facade as required by TADS. Elevat]ons of the paddng structure have not been provided and. as such, the requimn~nt for the face of the bullCmg to be fully a~bulated cannot be assessed. The proposed on-site and off-site surface parking lots meet the requirement to be separated from the slTeat~ by a 6 m landscaped setback. The uses, of the properties abutting the proposed parting s',rdctum and parking lots, h~ve not been identified. If they are residential propedies, the n~luirement ~ a IS m landscaped setbDc, k has not been complied with. The applicant should identify the abutting property uses and c, onfin~ compliance. 8. LANDSCAPING & ARCHITECTURAL TREATMENT Architectural: The proposed building is not consistent with the Design C~eria for High Rise Buildings, parUcularly because of the proposed podium characteristics and because there is no discernible tower portion. Refer to the following Section 9 for a more detailed evaluation. The propesed building does not appropriately step back as it becomes taller. The proposed building and articulation and choice of materials will help to distinguish the building and break-up the apparent size of the large structure, although these are insufficient to compensate for the non-compliance with maximum building frontage above the 15~ storey and the resulting lack of a tower peri,on. The articulation and choice of materials are appropriate given the high qua~i~/of development being soughL although, there may be the potential for the proposed 'stucco' material to diminish In quality over '~me depending on the technology of the design. Landscaping: 1. Stmetscape - Streetscape designs are required along Stanley Avenue and Falls'view Boulevard as per the City's Streetscape MasterPlan guidelines. The landscape plan should be revised to ind'mate a houleveTd treatment that is in keeping with tho City's Masteq~lan for the Fallsvlow Toudst disbict. Since Stanley Avenue will be completely redeveloped this year bY the Region of Niagara I recommend that the applicant fie their landscape treatment into the Ragirm's final landscape treatment. Landscape elements such as special paving, street bees with tree grates and guards, way finding signage, banners, upgraded lighling and special landscape furnishings should be incorporated into the applicant's landscape design drawings. 2. Pedestrian Circulation and & Seating - Provide more oppoi, tunitJes for safe pedestrian circulation from the pad(lng areas to the main enhances b3 the building. Create areas for se~ng and sun shelters within the outdoor patio area and especially around the hot bJb area. 3. Parking and Landscape Eluffedng - Rework the turn-around areas for the parking lots. Create a deeper "hammer head' turn around area adjacent to parking stalls 166, 135, 36 and 33. Create a curb bailer between parking stall 100 and the adjacent 96 & 97 stalls. 4. Landscape Details and kmenitbs - Show more detailed information for all of the landscape amenities such as paving material, lighting, fencing, benches, garbage receptacles and water features. -4- 04/29/02 10:04 FAX 4159~'1.327 IilRKL,4dII) IHE KIRKLANI) PA[IINEHSHIP IN(:. AIICHITE[TDNE PLANNING ultll# DESIGN §. GUIDELINES FOR HIGH-RISE BUILDINGS Four-Storey Base Podium · The proposed Podium is only 2 to 3 storeys as previously mentioned under Massing/So,acks. · The deve(opment is not proposed to be built to the property lines without setbacks as required. There are no proposad acf~ve retail/enteftaiflment windows and entrances with publicly-accessible uses along the street faces. · Weather protection devices such as canopies have been included. · Integrated vehicle a~d service drop-off features have been incorporated. · Sloped mansard roofs have been propesad at the 3rd Floor level instead of a cornice maddngthe 4m Fl°°r level- .2 Mid-Tower Section (5 to 15 storeys) · The maximum frontage of 60 m on all s]das has not been exceeded. · The proposed mixture of materials including stone veneer, stucco, pre-cast concrete, vision glass and spandrel glass meet the requirement to avoid mirrored walls and oonth'bute to the required surfa_~ artfculztion. · Rlaster pmjec~ns and balcony recesses provide reasonable massing and surface articula'don. ~]o6 Tower Portioq (16 to 30 storeys) ,, The maximum allowable frontage of 40 m on all sides has been significantly exceeded on the east and west eleva~ns. . Alfhough signiicant bay window prejeclbns are proposed above the 19e storey and the vadety of proposed materials contributes to surface articulation, the lack of the required reduction In building frontage above the 15~' storey has resulted in unacceptable massblg for this pollJon of Ule proposed building. · The requirement for a material chunge from the mid4ower seclion has not been met. · Mirrored walls have been avoided. Roof The form of the proposed mol at the top of the building will provide a distinc'dve skyline elemenL Nthough perhaps beyond the scope of the APRP, the form of the roof element appears disproportionate with the massing of the tower below. Proposed matermls have not been identified and should be cordimled by the Applicant 10, ENVIRONMENTAL IMPACTS Sun-Shadow Studies The sun-shadow studies provided indicate the effects at 9:00 am, 12 noon and 4:00 pm, whereas TADS requires studies to be conducted at 10:00 am, 12 noon, 2:00 pm and 4:00 pm. Despite Ihis, it appears the requirement for at least 5 hours of sunlight on either side of Stanley Avenue on September 21 vAll be met between the houm of 11:00 am and 4:00 pm. In addition, it appeam the requirement for at least 3 hours of sunlight on ei~r side of Fallsview Boulevmd on September 21 will be met between the hours of 10:00 am and 2:00 pm. .2 ]~edes'~aq-l-evel Wind Study The RWDI Qualitative Assessment of Pedestrian Wind Conditions predicts uncomfortable and polentiall¥ unsafe wind conditions in some isolated areas of the proposed development. The study also suggests detailed design snlufions to alleviate these conditions, The lack of a developed podium as wind shelf, no doubt contributes to the problem. The Applicant should be asked to give consideration to the recommendations of this study including scale model wind tunnel testing to confirm the effectiveness of the proposed solution concepb, -5- 04/29/02 10:04 FAX 4169''13~7 KI_~LkI'ID TH[ KiRKLANB PARTNEnSHIP In[. AK£HITECTUIL[ FLANN]IIG UIIBAN DESIGN Recommendation ~]07 This project was reviewed in tw~ separate meeli .n~s and in ~veral~le~o~ ~n~ma~ns wi~ Mr. ~ch~l ~Aland dudq the de~lopment of ~e 15 s~my p~. T~ pm~nen~ ~ ad~s~ ~at: · Any a~pt ~ bu~ ve~l~ ~ 30 stomw ~ ~ ~sion of ~e 15 ~my bui~ing ~uld ~ inap~p~a~ sin~ E ~uld viol~ ~1~ bui~hD ~s a~ 15 · ~y eddiUon~ buildi~ on s~e (a~r ~5 s~W) ~uld trigger the necoss~ of addr~ing ~et ~n~es ~ building ele~n~. The pm~sa ~ subm~ ~o~ aki~ adva~a of a meeUng ~ P~ ~v~w ~ ~s o~md; aM ~ ~dre~i~ e~r M ~ pm~ously e~ ~a~ mquimme~. ~ prol~ ~ ~ in ~ a~l~ om~d ins~. pa~iq 1~ on ~ ~t ~. no r~n In ~ ~ ~ 15~ ~Y, a~ ~ ~ ~er msewatb~ ~is~r~ in ~ ~ ~is pm~s~ ~ould not ~ r~~ for ~ by ~ APRP d~ ~: · Ob~us n~m~ia~ ~ ~s~ a~ ~ ~u~n~. · ~i~ncy ~ TADS ~ign Cd,da for High R~e BuSings. addition, the Applicant should be asked to: Review the relationship with Stanley Avenue ~t~ rasl~'ct to Entry Corridor mquiremente. Confirm ti~e existing and planned uses of abutltng properties, confirm suf~cient buffatng for these prope~ies from prol~sed parking lots and structures, and give consideration to the potential for pflvacy issues from overlooking w~ndows. Provide fuflher detail reoarding the exterior elevBtiens of the proposed pafldng structure to ensure the required enclosed facade ~nd articulation of the bui]diflD face. Garweod, Jones & Hanham Ross Hanham The Kkldand Parlnemhip Inc. J. Ulchael I(]rldand City of Niagara Falls Jamie Douglas -6- Date: To: Re: May 2, 2002 REGIONAL MUNICIPALITY OF NIAGARA PLANNING AND DEVELOPMENT DEPARTMI~NT REGIONAL AND PROVINCIAL REVIEW COMMENTS t~_i~ p,ann,n; ] "~"- Scaoned Doug Darbyson, MClP, RPP Director of Planning & Development City of Niagara Falls Zoning Byqaw Amendment Application 6039 Fallsvlew Boulevard City of Niagara Falls Your File: Proposal: RECE!VED HAY 0 2 2002 e'LA~iNG : OEVELOPMENT To permit an Increased building height, from 15 storeys to 29 storeys, for a hotel that is under construction. REGIONAL REVIEW Regional Policy Plan: Urban Area Regional Public Works: Refer to Public Works Comments Regional Public Health: Not Applicable Additional Comments: The property is within the Falleview Tourist District where building heights of up to 30 storeys are permitted. The CRy should be satisfied that the development meats building form, parking, landscaping and design objectives outlined in the tourism policies of the Official Plan. According to the Official Plan, an Architectural Peer Review is also necessary to evaluate the proposed design. PROVINCIAL REVIEW Based on available information, this proposal affects/does not appear to affect the interests of the following Provincial Ministries: INTERESTS INTERESTS AFFECTED NOT AFFECTED Mlnlsh-y of Agriculture, Food & Rural Affairs ~] [~ Ministry of Citizenship, Culture & Recreation ~ [~ Ministry Of Environment ~--~ [~ Ministry of Municipal Affairs & Housing [] ~ Ministry of Natural Resources [] [~ Additional Comments: RECOMMENDATIONS ~ Based on our review, Regional Planning itaffhave no objection fo fha approval of this application. ~ The following ere additional comments or conditions of approval: ~,x · Development Implementation Services Please send n.otice of Council's decision. Copy to: W. Stevens, Regional Public Works 3550 Schrnon Parkway P.O. E~ox 1042 -- Thoroltt Ont. L2V 4T? -- Phone (905) 984-3630 FAX (905) 041-5208 ] 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 May 13, 2002 Doug Darbyson Director PD-2002-46 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD-2002-46, Zoning By-law Amendment Application AM-11/2002, Southwest Corner of Mount Carmel Boulevard and Cardinal Drive Applicant: Bri-Mel Developments Limited Proposal for Five Lots for Single Detached Dwellings RECOMMENDATION: It is recommended that City Council: 1) approve the Zoning By-law amendment application to rezone the lands as RIB with special provisions for landscaping and to prohibit the construction of buildings and dwellings below the 188 metre geodetic contour elevation; 2) refer zoning the lands along Shriner's Creek, within the Regional flood line, to the City's Consultant to be considered as part of the comprehensive zoning by-law review; and 3) pass the zoning by-law included in tonight's agenda to implement the proposed development. THE PROPOSAL: The amendment is requested for the land known as Block 152, Plan 59M-145 on the southwest comer of Mount Carmel Boulevard and Cardinal Drive, as shown on Schedule 1. The related consent applications were approved at the May 7, 2002, Committee of Adjustment hearing conditional upon rezoning the lands. The amendment is requested to facilitate the division of the land into five lots for single detached dwellings. Schedule 2 is a concept plan showing the lots. Working Together to Serve Our Community Clerk's * Finance · Human Resources Information Systems Legal Planning & Development May 13, 2002 - 2 - PD-2002-46 The land is zoned a site specific Residential Low Density Group Multiple Dwellings (R4-197) zone. The zoning of the land is requested to be changed to the same site specific Residential Single Family lB Density (R1B) zoning which exists on the lots across the street. CIRCULATION COMMENTS: This application was circulated to City departments, the Regional Municipality of Niagara and the public for comment. The following comments have been received to date: · Public Works Adequate services are available for the subject lands. Detailed servicing and grading plans will be required. Street trees are required on both frontages. The applicant is required to enter into a subdivision agreement to address servicing and grading issues. There are no traffic concerns. Parks, Recreation & Culture No objection subject to a chain link fence being erected along the rear property line abutting Shriner's Creek. This is a condition of the consents. · Fire Department No objection. Regional Planning Does not object to the rezoning. Recognizes that given the lot configuration and location of the floodplain, development for multiple unit housing would be difficult. Should rezone lands within the flood line to Hazard Lands. Niagara Peninsula Conservation Authority Requests the portion of the property that is within the floodplain be rezoned to an appropriate zone category to prohibit development, or prohibit buildings and structures below the 188 metre geodetic elevation. Subdivision agreement should be revised or a new development agreement undertaken to address grading and drainage on each part. May 13, 2002 - 3 - PD-2002-46 PLANNING REVIEW: 1. The proposal conforms to the Official Plan. The Official Plan designates the lands Residential. The Official Plan encourages a. reasonable mix of different types of housing. With its location on a collector road, the site could be developed either for singles or medium density housing. The proposal is considered to conform to the Official Plan. 2. The proposal is an acceptable variance from the Northwest Secondary Plan. The Northwest Community Secondary Plan shows the property as being Medium Density Residential, which would include townhouses. It was anticipated that approximately20 units could be developed on the property. However, given the configuration of the parcel and the size of the floodplain encroaching onto the parcel, it would be very difficult to develop townhouses on the parcel. If the parcel is developed for single family residential lots as shown on the attached plan, there would be sufficient room to locate the houses on the area above the floodplain. The Secondary Plan also sets a housing mix goal of 60 percent low density housing and 40% medium density housing. With other recent down zonings in the neighbourhood, approval of this application would bring the ratio of medium density housing to below 25% of the total housing stock in the Northwest Planning District. Given the environmental constraints of the site and the net loss of housing is only 15 units, its is unlikely that the removal of this block from the multiple unit zone will have a significant effect on the overall housing mix. 3. The requested zoning amendment is appropriate. From the information supplied by the applicant, the proposed lots conform to the lot frontage requirements of the R1B zone. The area outside of the floodplain would conform to the lot area requirements according to figures supplied by the applicant's consultant, Upper Canada Consultants. The RIB is the same zone as lands to the west and south. The adjacent lands have special provisions requiring a minimum landscaped area due to ground water recharge. The amending by-law contains provisions requiring a minimum of 40% of the lot area is to be retained as landscaping and requiring a minimum frontage of 21 metres (70 feet) for comer lots, as per the requirements for the current development in this subdivision. The Region and the Niagara Peninsula Conservation Authority (NPCA) have requested the floodplain to be protected by Hazard Land zoning. Although the subdivision agreement requires building permits and grading plans be reviewed by the NPCA prior to building permit issuance, these two bodies would like to see some protection in the by-law to alert the public to the protection of the floodplain at this time as the precise location of the flood line has not been surveyed. As an alternative to rezoning the floodplain as Hazard Land, it is recommended the amending by-law contain provisions that would prohibit buildings and structures below the 188 metre elevation contour line. This line follows the approximate location of the flood line and is the most straight forward way to define the floodplain. This does not appear to impact the development of the lands and would be a reasonable compromise between relying entirely on the subdivision agreement and zoning the floodplain May13,2002 -4- PD-2002-46 Hazard lands. The request to zone the floodplain Hazard lands would best be considered during the comprehensive review of the Zoning By-law so that any changes would be applied along the entire length of Shriner's Creek in this subdivision. Issues regarding street trees, grading and servicing will be dealt with through the subdivision agreement or through a new development agreement, if necessary. CONCLUSION: The proposal to rezone the lands for single family purposes conforms to the applicable Official Plan policies and is considered appropriate given the restrictions to the development of the parcel. It is recommended the amending by-law prohibit buildings and structures below the 188 metre geodetic elevation. Zoning the floodplain on private lands in this subdivision as Hazard Lands is something that should be considered comprehensively through the Zoning By-law review. The requested by-law to change the zoning of the land f~om Residential Low Density Group Multiple Dwellings (R4-197) to Residential Single Family 1B Density (R1 B) is included on tonight's agenda for Council's consideration. Prepared by: Planner 2 Recommended by: Respectfully submitted: John MacDonald Clfief Administrative Officer ~Doug Darbyson irector of Planning & Development Approved by: Tony Ravenda Executive Director of Corporate Services AB:am Attach. S:~DR~2002~D2002-46.wpd SCHEDULE 1 LOCATION MAP Subject Property Amending Zoning By-law No. 79-200 Southwest Comer of Mount Carmel Boulevard and Cardinal Drive Applicant: Bri-Mel Developments Ltd. AM-11/2002 1 :NTS SCHEDULE 2 SKETCH TO SHOW BLOCK 152 , REGISTERED PLAN 59M-145 CITY OF NIAGARA FALLS REGIONAL MUNICIPALITY OF NIAGARA REGISTERED ?. '~ PLAN 59M-145 RECEIVEDi MAR 2 5 2002 ~LANNING ?~._VEL~ LOT NOTE: DRIVE 0 94 CHURCH STREET ST, CATHARINE$ ~ONTARrO DATE: ~Af~CH 18 , 2002 FILE: 7013 WILLIAM A. MASCOE SURVEYING LTD. NIA~*~A April 25, 2002 PLANNING AND DEVELOPMENT DEPARTMENT The Regional Municipality of Niagara 3550 Schmon Parkway, P.O, Box 1042 Thorold, Ontario L2V 4T7 Telephone: (905) 984-3630 Fax: (905) 641-5208 E-mail: plan@regional.niagara.on.ca Planning Sce/nned D.10.M.11.23 Andrew BrYce Planner II City of Niagara Falls 4310 Queen Street Niagara Falls, ON L2E 6X5 Dear Mr. BrYce: RE: Zoning By-law Amendment Application To Permit Single Detached Dwellings Southwest Corner of Mount Carmel Boulevard And Cardinal Drive City of Niagara Falls Your File: AM-11/2002 RECEIVED APR $ 0 2002 PLANNING & DEYELOPliENT Regional Planning staff has reviewed the above noted application to rezone the subject lands from Residential Low Density Group Multiple Dwellings (R4-197) zone to Single Family lB Density (R1B) zone to permit single detached dwellings. The property is approximately 0.794 hectares (1.96 acres) in area and is intended to be divided into 5 single detached lots through land severance applications. These lands are in the Urban Area BoundarY for the. City of Niagara Falls and designated Residential in the City's Official Plan. While the primarY responsibility for locating various housing types and densities rests with the local municipality, the Region has an interest in ensuring that a range of affordable housing opportunities is maintained and that urban land is used efficiently with minimal land use conflicts. Regional Smart Growth objectives further emphasize the importance of considering mixed uses and more compact forms of urban development. Development must also have regard to the Provincial Policy Statement which includes similar objectives for managing urban land and natural resources. The subject property was zoned for a block townhouse development when the Mount Carmel subdivision was originally approved nearly 14 years ago and was intended for approximately 20 units. The proposal for 5 single detached dwellings will substantially reduce the density expected for this site. Although the reduced density is not normally desirable, there are environmental constraints affecting more intensified use of these lands. Shriner's Creek borders the north site of the site and is designated as an Important (Type 2) Fish Habitat by the MinistrY of Natural Resources. The creek's floodplain encompasses a substantial area at the rear of the site that prohibits development. The floodplain and the configuration of the site restrict any possible development alternative that could incorporate a public or private road to intensify the use of these lands. Single detached dwellings also represent the most compatible use for the surrounding neigbourhood. In this regard, it is reasonable to consider a lower residential density. The lands within the flood line should be zoned to prohibit buildings and to restrict lot grading subject to approval of the Niagara Peninsula Conservation Authority. Comments from the Niagara Peninsula Conservation Authority should also be considered which may also require a building setback from the'flood line. Specific development requirements to protect natural features and natural hazards will be requested as conditions of land severance applications and can be implemented through an appropriate development or subdivision agreement with the City. It would have been preferable to maintain the higher density for townhouses as originally planned for this site. However, given the environmental constraints currently identified, Regional Planning staff would not be opposed to the proposed zoning by-law amendment application from a Regional and Provincial planning perspective subject to a more restrictive zoning being established for the flood plain. Yours truly, David J. Director of Planning Services C: Mr. D. Darbyson, MCIP, RPP, Director of Planning, City of Niagara Falls Ms. S. Mclnnes, Niagara Peninsula Conservation Authority M:~vlSWO RD\P C\N Fzbla\MountCarmel.doc The City of Niagara Falls Canada Corporate Services Department Planning & Development 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: planning@city.niagarafalls.on.ca Doug Darbyson Director PD-2002-47 May13,2002 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD-2002-47, Zoning By-law Amendment Application AM-04/2002, 6170 Stanley Avenue and lands between Murray Street and Main Street Applicant: Andrew Cserpes Proposed Off-site Parking for Free Fall Attraction/Restaurant at 6170 Stanley Avenue & Height Increase of 6170 Stanley Avenue RECOMMENDATION: It is recommended that City Council: 1) approve the request to provide a portion of the required parking for proposed uses on 6170 Stanley Avenue on the Hydro Lands between Murray Street and Main Street; 2) approve the request to increase the permitted building height on 6170 Stanley Avenue from 24 metres to 25 metres; and 3) direct staff to initiate an Official Plan amendment to designate the westerly half of the Hydro Corridor, between Highway 420 and McLeod Road, to an Open Space or similar use. THE PROPOSAL: Andrew Cserpes (Rainbow Motor Inn) has requested an amendment to provide a portion of the required parking "off-site" for the proposed Free Fall attraction/restaurant at 6170 Stanley Avenue. (Schedule 1 for location and Schedule 2 for the proposal). The second request deals with the Free Fall attraction site itself. The owner wishes to increase the height of the building on Parcel 1 from 24 metres (78.68 feet) to 25 metres (81.96 feet). Working Together to Serve Our Community Clerk's Finance Human Resources Information Systems · Legal Planning & Development May 13, 2002 - 2 - PD-2002-47 The applicant has submitted a site plan for a Free Fall attraction and interactive games centre with a total area of 1,343 square metres (14, 456 square feet). The 16 parking spaces provided on-site are sufficient to meet the parking requirements for these uses as shown. However, the applicant wishes to include a restaurant in the complex, thereby requiring an additional 28 parking spaces over that which can be provided on-site (a total of 44 spaces required). The applicant wishes to use overflow parking on the proposed parking lot to be located on the Hydro lands between Murray Street and Main Street to meet the restaurant parking requirement (shown as Parcel 2 on Schedule 1, see Schedule 3 for proposal). BACKGROUND: Rainbow Motor Inn In 1999, the Rainbow Motor Inn (Andrew Cserpes) applied for a zoning amendment to expand their motel to a hotel and to permit a portion of its required parking to be provided on Parcel 2. Council, after hearing the concerns of area residents, turned down the application. It was subsequently appealed to the OMB. At the OMB, the applicant stressed that he felt it necessary to provide parking at a ratio of one parking space per room, which is a higher rate than required by the zoning by-law. The OMB application, citing earlier support for their proposal by the residents and indicating attempts by the applicant to buffer residences, restrict the location of bus parking and limit access to Main Street, approved the hotel application and parking on the Hydro corridor. The OMB has not issued a final order on the by-law amendment as the owners have not yet prepared a site plan for the hotel development. Policy Directives Since the time of the initial consideration of the zoning application, Council endorsed directives that would affect future development applications in the Hydro corridor. This corridor (shown in Schedule 4) has historically acted as a buffer between tourist commercial and residential uses. In most cases, the zone boundary between the Tourist Commercial zone and Residential and similar zones runs down the middle of this corridor. Council, at its September 11, 2000 meeting, passed the following: · Council adopt an interim policy that the westerly half of the Hydro Corridor will be maintained as a vegetative buffer between the City's residential neighbourhoods and the Central Tourism District; Council adopt an interim policy that allows the easterly half of the Hydro Corridor to be used for commercial parking lots in accordance with the TADS study recommendations, and for overflow parking in conjunction with specific accommodations and attractions within a 1,000 foot radius; · Council continue to use temporary use by-laws for parking, but only in emergencies or special circumstances where there is a hardship and for land already zoned for commercial purposes; and · The recommendations be approved until such time as an Official Plan amendment is adopted to designate the Hydro Corridor for Open Space uses. This directive is reinforced by the Streetscape Master Plan and Urban Design Guidelines, approved in principle by Council in November 2001. This document envisions the west half of this corridor as acting as a major north/south pedestrian route and also as a buffer between the residential and the tourist commercial area. May13,2002 -3- PD-2002-47 Zoning By-law 79-200 requires parking to be provided on the development site. However, in recent years a number of amending by-laws have been passed that have allowed certain hotel complexes (i.e. Hilton, Marriott and Radisson) to provide a portion of the required parking off-site. However, Council has expressed some reservations with the practice, for instance, with a recent zoning application on the Hilton lands by only allowing the required parking off-site on a temporary basis with the eventual goal of having all the required parking provided in a parking garage on the same lands as the hotel. The use of leased Hydro lands for "permanent" parking has long-term implications. CIRCULATION COMMENTS: Information concerning the requested amendment was circulated to City departments, several government agencies and the public for comments. The following is a summary of comments that have been received. Fire Department Fire concerns can be addressed through the site plan review. Municipal Works Environmental Assessment for Main Street still underway. The applicant should be aware that there is a possibility of partial closure or controlled access on Main Street. Traffic study may be required for entire development. On-site (Parcel 1) bus parking should be considered. Developer to contribute $2,800 for construction of sidewalk on Stanley Avenue frontage. Vehicular movement, grading and servicing to be addressed through Site Plan Control. Development Charges are payable. Building Division - Building Code matters to be addressed through Site Plan Control. Regional Planning - City should be aware of Regional Public Works concerns with driveway access and road widening requirements along Stanley Avenue. Two letters of objection have been received from area residents at the time of the writing of this report and are included in Council's agenda. PLANNING REVIEW: In assessing this application, Planning & Development had regard to the following. It is noted that the site plan for Parcel 2 would still be subject to site plan review by the neighbours and that bus parking would be prohibited on Parcel 2. 1. The proposal generally complies with the intent of the Official Plan. The eastern portion of the site is designated Tourist Commercial, while the western portion is designated Residential. The Official Plan allows minor adjustments in land use boundaries provided it is in keeping with the intent of the Official Plan. May13,2002 -4- PD-2002-47 It is an objective of the Official Plan that tourist development should not adversely affect the quality of the life enjoyed in residential neighbourhoods. Provided this objective is met, this application is considered to comply with the intent of the Official Plan. The proposal does not strictly comply with the Council directive to protect the west half of the Hydro corridor for an open space buffer. While the directive indicates Council% latest intent is to protect the Hydro corridor as a buffer, it can serve only as a guideline to approve further applications until an Official Plan policy, which provides guidance on development in this corridor, is adopted and in force. It should also be noted that the applicant is not proposing to expand the parking lot beyond that supported by the OMB decision. The OMB decision allows for permanent parking on leased lands, whereas the City has attemped to limit parking on leased lands to a temporary period. Approval of this application would not cause further expansion of the parking lot, however, it would reduce the chance of getting additional buffering on the lands or "reclaiming" the lands in the future for a westerly recreational corridor. 3. The application would intensify the use of the parking lot. The applicant argued before the Board that the Rainbow Motor Inn will provide 20 required spaces on-site with 39 required parking spaces on Parcel 2 which would leave a surplus of 28 spaces on Parcel 2 beyond the City's standards for the Inn. However, it was specifically stated by the applicant (and this is reflected in the decision of the OMB) that the extra parking was necessary because the owner wished to provide parking at the rate of one space per room. As surplus parking, the 28 excess spaces may have been used occasionally to serve the hotel. The owner now wishes to use the excess 28 parking spaces to serve the restaurant use on the Free Fall attraction site. Parking for a restaurant has a much faster turnover of cars in the off-site parking as visits are currently a couple of hours or less. This would increase the number of vehicles and people using the off-site parking over that of a hotel using the same number of required parking spots. By using the surplus parking for the Free Fall restaurant, the following two impacts could result: the parking lot will be utilized at a high capacity for a longer time, therefore causing impacts on the residents for a greater period of the year; and in times of peak occupancy for the combined uses, the overflow parking could spill off- site onto local streets. While this situation is less than desirable, the OMB decision did not require that the excess parking spaces be specifically allocated to the hotel use alone. The provision of required parking on Parcel 2 will necessitate that Parcel 2 be "married" through zoning to Parcel 1. The proposal could set a new precedent in providing required parking for restaurants off- site. Normally, required parking is to be provided on-site in accordance with the Zoning By-law. The TADS report recommends off-site parking for spaces only where it is above and beyond the City' s May 13, 2002 - 5 - PD-2002-47 requirements. Nevertheless, there have been several recent zoning by-laws passed that have permitted a portion of the required parking to be provided off-site. However, up to now these have been for hotel complexes where valet service is utilized. The subject application would be for an attraction and restaurant that is not part of a hotel complex, and would involve long-term use of leased lands for required parking in an off-site location. A restaurant with off-site parking is less likely to use a valet system; this could result in visitors trying to locate the off-site parking and perhaps increase infiltration into residential neighbourhoods. The use of off-site parking lots for restaurants should not be perpetuated. 5. Request an increase in the height of buildings on 6170 Stanley Avenue. By-law 2001-139 increased the permitted building height on 6170 Stanley Avenue to 24 metres (78.68 feet) to permit a pyramidal building that would enclose the Free Fall attraction. In redesigning and preparing the detailed drawings, the applicant's architect discovered the building needs to be slightly higher. An increase in the height to 25 metres (81.96 feet) would be minor in nature and would not have an adverse impact on the area. CONCLUSION: This application is recommended for approval as the parking lot would not be further expanded beyond that approved by the OMB and because there is sufficient parking to meet the minimum standards for the Rainbow Inn and the Free Fall attraction/restaurant. The request for the increase in the permitted building height on 6170 Stanley Avenue, from 24 metres to 25 metres, be permitted as it is a minor increase. It is recommended that Council reconfirm that staff be directed to initiate an Official Plan amendment to designate the westerly portion of the Hydro lands for open space purposes. Prepared by: Andrew Bryce Planner 2 Recommended by: W Doug Darbyson Director of Planning & Development Respectfully submit[ed: /t JJJohn MacDonald Chief Administrative Officer Approved by: Tony Ravenda Executive Director of Corporate Services Attach. S:\PDRX2002~PD2002-47.wpd SCHEDULE 1 Amending Zoning By-law 79-200 Subject Land Murray Street Ontario Hydro Dixon S~eet Location Map Parcel 1 - 6179 Stanley Avenue Parcel 2 - Between Murray Street and Main Street Applicant: Andrew Cserpes AM-04/2002 ~:~s S:~Zonin g~Alv~002~M-04 LMapping.apr March 2002 SCHEDULE 2 PARCEL 1 zO SCHEDULE 3 PARCEL 2 ?? LEGEND: ZONING Subject Lands ~ Hydro properties Parking for Hilton Hotel By Law 79-200 Parking for Minolta Tower HYDRO ONE'S LANDS SCHEDULE 4 File: S:~Zoning~,ms'~3002~M-04~Ma pping.a pi RECEIVED NAY 0 1 2002 Planning Scanned RECEIVED MAY 0 1 2002 ~ ' .OEVEL~T 488745 ONTARIO LIMITED 6083 Andrea Drive, Niagara Falls, Ontario L2H 2Z8 * Telephone: (905) 356-8686 · Fax: (905) 356-8731 May lOb, 2002 City of Niagara Falls Building and Planning Departments 4310 Queen Street NIAGARA FALLS, Ontario L2E 6X5 Attention: Mr. Rick Wilson Dear Sir: Re: Brookfield Court Draft Plan Of Subdivision- File 267-11-2002-02 Further to our meeting of yesterday's date, this shall confirm that we agree to defer the above-noted application for two weeks which will bring us to the May 27th, 2002, Council Meeting. Hopefully, this extra time will allow us to resolve the outstanding issues regarding the Trail and the Red Pin Oak tree. Yours very truly, --~ f I i I I II II May 1 O, 200~ City of Niagara Falls Building and Planning Departments 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Attention: Mr. Rick Wilson Dear Sir: Re: Application AM-10/2002 Falls Manor- Cabin Lands After discussions with City Staffto address resident and City concerns regarding the proposed development in this area, we request a deferral of the application until May 27, 2002 which is the next council meeting, to allow additional time to hopefully resolve the issue at hand. Ec IVED Niagara Fails, ON Director General Richard M. Stokes 6480 Dorchester Rd Niagara Falls L2G 5T5 905 354 0307 Res 905 354 7098 Fax Secretary Kenneth G. Halbert 5488 Green Ave Niagara Falls L2H 1P6 905 374 4246 Res 905 357 1603 Fax khalbert2(~coqeco.ca Housing Chairman David Gillies 7127 Stanley Ave Niagara Falls L2G 7K2. 905 358-6532 Res 905 356 8699 Fax Package Chairman Robert Williams 6162 Glen Ave. Niagara Falls, L2H 2J7 905 356-7343 m~illiamst~,coqeco.ca Golf Chairman Keith Lay 3486 E. Main St.. Stevensville, ON LOS 1S0 905 382-3915 905 382-0194 Fax lavC~.becon.om February 8, 2002 Mayor Wayne Thomson City of Niagara Falls The Niagara Shrine Club will be hosting the 2002 Ceremonial (Convention) on the above dates in the City of Niagara Falls. We are expecting 4000 Shriners and their ladies to be in attendance from Kingston to Thunder Bay and many places in between. We are expecting a delegation from the U.S.A. which we will be meeting and having a flag exchange in the middle of the Rainbow Bridge. We will be utilizing the facilities of Kingston College, NFCVI Campus for the creation of new Shriners, the Niagara Falls Memorial Arena for the Fellowship aspect and Club Italia for our gala Feast. We are scheduling an insert in the Review near the time of this Ceremonial. We also will be putting out a program of Welcome to the Shriners and Friends to this area of Ontarj°.. ' ' e r h e.,~'L ~ We would appreciate if you would issue your ~~.~rhE? ....... .. . that we may publish in the inserts and programs that will be published. We would like to invite yetlem~l~~i~to attend the Feast with us at Club Italia on Satu~.. rda~,.,J~l~e.8~ and we would hope for some words of wisdom and welcome from you at this time. If You are unable to make ..........t,,~...-_ .... ,'* -~.-.--,.r~,~,~-ol.~:~ .... " ' It is planned that we will have the FlaCRafs'mg~m- - - ~ .I ~..in,. ~ front of City Hall, as we did in the 1997 Ceremonial. We would appreciate if you could set'~'.~o~ O© this time aside and support us in this event. We would ask that you declare the week of Jua~SH .... .- .~ We look forward to a very good and safe convention and a group of very satisfied v~J-~ the Niagara Region in Ontario. ¢, ~ha~M. Stb~s Director General Building the Future for our Children Director General Richard M. Stokes 6480 Domhester Rd Niagara Falls L2G 5T5 905 354 0307 Res 905 354 7098 Fax Seeretamy Kenneth G. Halbert 5488 Green Ave Niagara Falls L2H 1P6 905 374 4246 Res 905 357 1603 Fax khalbed,2~_coaeco.ca May 10, 2002 City of Niagara Falls Queen St. Niagara Falls, ON Attention Mayor Wayne Thomson City Councilors Subject: Niagara Falls Arena The Niagara Shdne Club will be hosting the 2002 Shdne Ceremonial in Niagara Falls on the above dates. This is held in under the jurisdiction of Rameses Headquarters which is located at 3100 Keele St. in Toronto. Housing Chairman David Gillies 7127 Stanley Ave Niagara Falls L2G 7K2 905 358-6532 Res 905 356 8699 Fax doilliesl ~co~eco.ca Package Chairman Robert Williams 6162 Glen Ave. Niagara Falls, L2H 2J7 905 356-7343 rwilliams~co~eco.ca Golf Chairman Keith Lay 3486 E. Main St.. Stevensville, ON LOS 1S0 9O5 382-3915 905 382-0194 Fax lav~_becon.om As in 1997, the last time it was held in Niagara Falls, we are planning on using the Niagara Falls Memodal Arena as our base and gathering point of operation. We are booking the Arena from 8:00 a.m. on Fdday, June 7~ and Saturday, June 8th until 6:00 p.m., at which time the City have requested that we vacate that they may prepare for another venue. As per previous correspondence and personal conversation, we are anticipating approximately 4000 Shdners and their Ladies to attend this Ceremonial in the City of Niagara Falls. We have booked in excess of 1100 rooms in the City, primarily in the Centre St. Area. Our parade on the Saturday will commence on Fallsview Blvd. And Clark St. and will travel on Ferry St. to Victoda Ave. and turn on Centre St. to the Arena. Will you please arrange to waive the "Facility Charge" for the Arena for the Fdday and Saturday usage. Yours in the Faith Kenneth G. Halbert Secretary - Ceremonial 2002 Director General - Ceremonial 2002 PLANNING , ._lq_ . Building the Future for our Children Stamford Centre Volunteer Firemen's Association 4037 Longhurst Avenue Niagara Fails, Ontario L2E 6G5 Telephone: 354-2531 FALLS CLERKS'02 0402 12=57 March 25, 2002 City of Niagara Falls 4310 Queen St., Box 1023 Niagara Falls, ON L2E 6X5 Attn: Mr. W. Wagg, City Clerk Dear Mr. Wagg, The Stamford Centre Volunteer Fireman's association is requesting permission to hold their 51a Annual Carnival at the Stamford Green grounds from June 12 to June 15 inclusive. The association has contracted with World's Finest Show, Brantford, Ontario to provide amusement rides. We have requested a certificate of liability insurance from World's Finest Show insurance broker covering the period of time they will be located on the Stamford Green grounds, including set up time prior to the carnival. The insurance certificate together with the letter of approval to operate Monte Carlo games from the Niagara Regional Police will be forwarded to Council as soon as they are received. Correspondence has also been forwarded to Mr. Gordon Rose as Trustee for the Stamford Green property, requesting permission to hold the carnival on the Green. We thank you for bringing our request before Council and look forward to receiving a favorable response. Feel free to contact me at the address below or at (905) 354-6249 if you have any further questions. Sincerely, Glen Mercer 2002 SCVFA Carnival Chairman 6843 Cooper Dr. Niagara Falls, ON L2G 3H9 PLANNING MEETING.. 'i 3 A Chartered Corporation Under The Ontario Companies Act From: To: Date: Subject: <battlefriends@netscape. net> <diorfida@city. niagarafalls.on.ca> 5/3/02 3:25PM please distribute Friends of the Lundy's Lane Battlefield c/o 7101 Ridgewood Crescent Niagara Falls, Ontario L2J 2C2 phone/fax (g05) 358-6514 battlefriends@netscape.net Mayor Thomson and Members of Council 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Re: The Friends of the Lundy's Lane Battlefield's Project, entitled '"Development of Lundy's Lane Battlefield as an Historic Site," as fully outlined in Schedule A,' also known as "Project F463398-11," or in the vernacular, "The Millennium Project," or simply as "The Project" AND Allegations that the Friends have been withholding "The City's" money: Starting at the beginning of this year, I began trying to arrange a meeting with the Mayor. I wanted a private and confidential meeting, and therefore suggested my home. My motivation for having a private meeting here was that it would be informal, uninterrupted, and so that we could speak openly and frankly in an attempt to do some problem-solving over the difficulties and misunderstandings surrounding The Project. After weeks of trying to arrange a convenient date, a February 6th meeting was set up. This was later cancelled by Mayor's office. Finally, after weeks of negotiating, the date of March 1st was settled on, and the Mayor attended at my home. I wanted a confidential meeting with the Mayor as I thought that he was a reasonable and fair man who would be able to help resolve the difficulties the Friends had been having with senior staff, of which I assumed he wasn't aware. The meeting took two hours, despite my understanding that he only had an hour to spare for our discussion. There were numerous interruptions by his cell phone. Part of the reason I had wanted to meet at my home was to avoid such interruptions. It made the progress of the meeting very difficult, and unfortunately we didn't come to a resolution. He called me later in the afternoon, at which time I told him that we had received the final claim payment cheque from the Millennium Bureau. I indicated that I wanted to come before Council to present the Friends' and the Millennium Bureaus' final payments and to publicly thank the Friends' many dedicated volunteers for their service and their contributions of volunteer hours, artifacts, monetary donations, etc., which triggered the receipt of the federal money. Donor recognition is a part of the Friends' responsibility to the Project. ' 3' , - MAY t ZOOZ PLANNIN The Mayor said: "Leave it with me." I assumed that I would then be notified as to when I would be able to attend. Some time later, I was contacted by Clerk's office. I was booked in as deputation to Council at least twice over the following weeks. Both of these bookings were cancelled by the Clerk's Office. I was also told, on a week by week basis, to "stand by" for other Council meeting dates. On a couple of occasions, I actually contacted our Phone Committee Chair and asked that our members be alerted to appear, then subsequently had to rescind these instructions. I was actively discoui'aged from appearing by the Clerk's Office staff on a couple of occasions because reports from Adele Kon or Ken Burden were appearing on that agenda. One of these reports had to do with my response to the minutes of the Community Services Committee Meeting of January 28th. When I inquired as to why my scheduled deputation had been cancelled, I was told that it was because I would probably feel comfortable. Our failure to appear with donation and grant monies is, therefore, not a problem of our own creation. I have been attempting to arrange such an appearance for well over two months now, and have been repeatedly thwarted. The most recent communication I have had is from the Clerk, who suggested that I merely send the cheque, and that a formal presentation ceremony could be carded out later. This occurred not long before the meeting of ^pd129th, at which time accusations were made that I was avoiding handing over money. Further correspondence from us will be forthcoming on this matter. Yours truly, Margaret Mingle, President Friends of the Lundy's Lane Battlefield Your favorite stores, helpful shopping tools and great gift ideas. Experience the convenience of buying online with Shop@Netscape! http:llshopnow.netscape.coml Get your own FREE, personal Netscape Mail account today at http://webmail.netscape.com/ tfi Mm tr wr ]~t~r-D~artm~r~t M~moroJ~um TO: His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario DATE: May 7, 2002 FROM: John MacDonald Extension 5100 SUBJECT: E-Mail from Margaret Mingle dated May 3, 2002 and Memo from Dean Iorfida dated May 7, 2002 Attached for your information is a copy of an e-mail received from Margaret Mingle dated May 3, 2002 and a copy of a memo to me from Dean Iorfida dated May 7, 2002 in response to Margaret Mingle's e-mail. Dean's memo clarifies his understanding of the circumstances and the time line in relation to his communications with Margaret Mingle and he provides a little different interpretation than Ms. Mingle provides in her e-mail. I would also like to point out that it is staff's opinion that the circumstances may not have been appropriate for Ms. Mingle to make a presentation to Council of a cheque that is in payment of work that has been completed by the City. Normally, the City does not have deputations at Council in order to secure such payments. In addition, I would like to remind Council that, in report F-2002-33, it was reported that the Friends of Lundy's Lane Battlefield has received five (5) quarterly invoices, the first one being November 21, 2001. Therefore, we have been requesting payment for more than 18 months now. As you are aware, the current outstanding balance is $197,120.28 including taxes. We have received $53,000 from the Friends to date. JM:kk R:\Fra~ck's Tavern/May 7, 2002 - Response to Ms Miagle's e-nufil of Ma~ 3. 2002 ~!~d Clerk's Department Inter-Departmental Memorandum To: John MacDonald C.A.O. Date: The City of Niagara Falls Canada May 7, 2002 From: Dean Iorfida City Clerk Ext. 4271 Subject: Chronolog~ re: Margaret Mingle deputation I received an e-mall from Ken Burden on March 4th indicating that Margaret Mingle was interested in appearing as a deputation at City Council. Ken had been in discussions with the Mayor. I assume a result of the Mayor's meeting with Mrs. Mingle, which apparently occurred on March 1st, she expressed an interest to appear in front of Council. As I did not talk to Margaret directly, I was not privy as to why she was seeking a deputation. The March 18th Council meeting had a heavy agenda. We had not had a meeting since February 18th and there were seven planning items for the March 18th meeting, including three public meetings. It was decided at Senior staff that there would be no deputations on March 18th. Mrs. Mingle was advised by Barb Muir, from the Clerk's Office. The March 25~ meeting was the meeting in which the budget was scheduled to be heard. The deputations for the meeting were kept to a minimum. One presentation that had been rescheduled a few times was placed on the agenda as were three deputations that were of a timely nature (i.e. publicizing an upcoming event that would have already happened by the time of the next Council meeting). When Mrs. Mingle was called she advised Barb Muir that she was very sick and would not have been available for a deputation, regardless. She also advised my office that she would contact us when she was available. At either the April 3ra or April l0th Senior Staff meeting, there were some serious reservations expressed by staffregarding any future deputation by Mrs. Mingle. It was noted that Mrs. Mingle's intention was to present a cheque to the City. Staff felt that such a deputation was not appropriate because the cheque was not money being donated to the City but money owed to the City. It was decided at Senior Staff that I would contact Mrs. Mingle to advise her that a deputation was not appropriate. Also, Ken Burden expressed his desire to receive the outstanding monies owed to the City. I had no problem contacting Mrs. Mingle because I had a good rapport with her from my days in the Mayor's Office. I spoke to her and she expressed her interest in making a cheque presentation and recognizing the many volunteers on the worthy project. I agreed that recognition of the volunteers was something that should occur, however, I expressed my opinion that due to the allegations that had occurred, and the politics surrounding the issue, that it would not be fair to bring volunteers to Council, especially if Margaret was put on the spot. Margaret agreed that the recognition of the W0r~in~ Tooet~er to Serve Our comma,it~LANNiNG I~i~T~N¢ MAY volunteers should not be sullied by the other outstanding issues. Margaret pointed out that she had a cheque for the City. I encouraged her to bring it in and that any future deputation recognizing the volunteers did not depend on a cheque presentation. She agreed but to date has not brought in the cheque. My assumption is that this phone conversation took place on, or about either, April 3ra or April 10th. I would also like to point out some inaccuracies in Mrs. Mingle's e-mail: When I inquired as to why my scheduled deputation had been cancelled, I was told that it was because I would probably feel comfortable. It is assumed that Margaret meant to write uncomfortable. As indicated above, I called her and asked her what was the nature of her deputation and expressed my opinion that recognition of the volunteers and donors should not occur at the same meeting as any reports re: allegations. Margaret agreed with me. Our failure to appear with donation and grant monies is, therefore, not a problem of our own creation. I have been attempting to arrange such an appearance for well over two months now, and have been repeatedly thwarted It should be reiterated that the Friends would not be making a donation, they would be presenting monies rightfully owed to the City. The most recent communication I have had is from the Clerk, who suggested that I merely send the cheque, and that a formal presentation ceremony could be carried out later. This occurred not long before the meeting of April 29th, at which time accusations were made that I was avoiding handing over money. Firstly, Margaret fails to mention that this most recent conversation is the same one she refers to in the comments about me not wanting to make her feel "(un)comfortable". Margaret's e-mail gives the impression that she and I had two conversations, when in fact we only had one, in which we both agreed that she would bring in the cheque and a future recognition of volunteers and donors would take place. Secondly, her statement that the conversation took place "not long before" the April 29th meeting is incorrect. The latest that the conversation could have taken place was April 1 lth. After our conversation, I informed Ken Burden that the cheque would be forthcoming. I am unsure why, after Margaret agreed to bring in the cheque, that she has held onto it for nearly a month. The City of Niagara Fallst Canada Corporate Services Department Legal Services 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905)371-2892 E-mail: rkallio@city.niagarafalls.on.ca R.O. Kallio City Solicitor May l O, 2002 SENT VIA FACSIMILE Friends of Lundy's Lane Battlefield c/o Ms. Margaret Mingle 7101 Ridgewood Crescent Niagara Falls, Ontario L2J 2C2 Dear Ms. Mingle: Lundy's Lane Battlefield Park Our File No. 2001-87 Further to our telephone discussion of May 3, 2002, this will confirm that we have agreed to meet on Tuesday, May 14, 2002 at 1:30 p.m. in Committee Room 2B. The purpose of the meeting is to determine when your group will pay the outstanding invoice in the mount of $197,120.28, which includes principal and interest, to the City regarding the Project. We do not intend to have a formal agenda drawn up. We would ask that as many members of your executive as possible be present as we shall have appropriate staffpresent. As an alternative, if you wish to make a presentation of this amount to Council at its meeting of May 13, 2002, please notify me as soon as possible and we will make the necessary arrangements. If you have any questions or comments, please contact me. Yours truly, ROK:mm R.O. Kallio City Solicitor EETtN MAY I 3 PLANNING - - }Forking Together to Serve Our Community Clerk's · Finance , Human Resources · Information Systems , Legal · Planning & Development From: To: Date: Subject: Ray: <battlefriends@netscape.net> <rkallio@city. niagarafalls.on.ca> 5/9/02 4:17PM Your fax of May 6th Regarding your invitation for us to appear before Council on May 13th: I will draw your attention to my email of April 29th which stated: "1 will not be available to come to Council until after mid-May as I am attending a series of lectures." I have since been informed that there will be a follow-up lecture in this series, the date of which is t.b.a. I will let you know when I am available. Margaret Your favorite stores, helpful shopping tools and great gift ideas. Experience the convenience of buying online with Shop@Netscape! http://shopnow, netscape.com/ Get your own FREE, personal Netscape Mail account today at http://webmail.netscape.com/ 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 Ed Dujlovic, P. Eng. Director MW-2002-56 File 2002-120-02 May 13, 2002 His Worship Mayor Wayne Thomson and Members of Municipal Council City of Niagara Falls, Ontario Members: Re: MW-2002-56 Contract 2002-120-02 Cathodic Protection of Watermains RECOMMENDATION: It is recommended that the unit prices submitted by the low tenderer, Taunton Construction Limited, be accepted. BACKGROUND: The Tender Opening Committee, in the presence of the City Clerk, Mr. Dean Iorfida, opened tenders on Tuesday, May 7, 2002 at 1:30 p.m. for the above noted contract. Tender documents were picked up by eight (8) Contractors and five (5) bids were received. Listed below is a summary of the totalled tendered prices, excluding GST, received from the four (4) Contractors, together with the corrected bids *. 1. Taunton Construction Ltd. (Whitby) $236,481.60 2. DeRose Bros. Gen. Contracting (Thorold) $250,646.30 3. Alfidome Construction Limited (Niagara Falls) $270,160.00 4. V. Gibbons Contracting Ltd. 5. Robert B Somerville (Ridgeway) (King City) *$281,558.84 ($281,562.13) $413,614.00 ($413,621.90) Municipal Works Working Together to Serve Our Community Fire Services Parks, Recreation & Culture Business Development · Building & By-Laws 2002-05-13 2 MW-2002-56 Thelowesttender wasreceived~omtenderer, Taunton Construction Limitedintheamountof $236,481.60. This contractor has previously performed a similar type project for the City. Taunton Construction Limited is a company that specializes exclusively in the installation of cathodic protection. We are therefore, of the opinion, that this Contractor is capable of successfully undertaking this project. Financing: The Engineer's estimate for this contract was $250,000.00. Project Costs: Awarded Contract Net G.S.T. 3% $236,481.60 $ 7,094.45 Funding: TOTAL $243,576.05 2002 Water Improvements Operating Budget $300,000.00 TOTAL $300,000.00 This project is scheduled to commence on May 27, 2002. All works are to be completed within 30 working days. Council's concurrence with the recommendation made would be appreciated. Prepared by: Bob Darrall, C.E.T. Project Manager espectfully su~bmitted h~Y: D~onal~ ~,/ Chief Administrative Officer Ed Dujlovic, P.Eng. Director of Municipal Works S \REPORTS\2002 Repoffts~MW-2002-56 Catl~odm Protection of Wate~'mams wpd The City of Niagara FallsI 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 Ed Dujlovic, P. Eng. Director MW-2002-57 File G-180-30 May 13, 2002 His Worship Mayor Wayne Thomson, and Members of the Municipal Council City of Niagara Falls, Ontario Members: RE: MW-2002-57 Installation of Gates and Warning Devices Beaverdams Road and Kalar Road ~ CN Rail Crossings RECOMMENDATIONS: It is recommended that: Council authorize the execution of the agreements, for cost sharing and future maintenance, for the installation of Short Arm Gates and Constant Warning Control Systems at Beaverdams Road and Kalar Road and the CN Rail Crossings. Staff investigate the installation of maze barriers, on the sidewalks, at the approaches to the abovementioned rail crossings BACKGROUND: As directed by Council, the culmination of several meetings with City Staff, CN Rail, Cardinal Newman Catholic School Principal and Transport Canada has resulted in approvals to upgrade the CN Rail Crossings at Beaverdams Road and Kalar Road, from the existing flashing light system, to a Short Arm Gate and Constant Warning Control system. Approval for the installations stated above are subject to the cost sharing arrangements outlined in the agreements. Basically, the cost sharing arrangements are standard and are similar to what we have agreed to in the past. The City is responsible for 12.5 % of the original construction cost as well as 50% of the on-going maintenance costs. CN Rail is responsible for 7.5 % of the original construction cost as well as 50% of the on-going maintenance costs. Transport Canada pays for 80% of the original construction cost. Working Together to Serve Our Community Municipal Works · Fire Services · Parks, Recreation & Culture · Buainess Development · Building & By-Law May 13, 2002 -2- Accordingly, the estimated cost to install the crossing gate systems are as follows: 1) Beaverdams Road ~ CN Rail Crossing - $203, 162.00 City's Portion - $25,395.25 2) Kalar Road ~ CN Rail Crossing - $202, 445.00 City's Portion - $25,305.63 The Project will commence within ten months of the date that Transport Canada provides approval of a grant in respect of the proposed work and the work should be completed within 30 days of the commencement. Council's concurrence with the recommendation outlined in this report would be appreciated. MW-2002-57 Prepared by: Karl Dren, C.E.T. Manager of Traffic & Parking Services Approvedjoy: Ed Dujlovic, P. Eng. Director of Municipal Works Respectfully Submitted by: . Chief Administrative Officer S:\TRAFFIC~,EPORTSk2002 ~2002 CouncilLMW-2002-57.wpd ~ c~m~s~. ~ Stop Si~ ield Si~ ~h~l ~ ~-w~ s~p ~ ~ si~ ~ ~' ~C~L WO~ ~~ T~C & P~G SER~CES ~s~lafion of Ga~s ~d W~ing De~ces Beav~dams ~oad ~d ~1~ Road ~ C.N. ~il Cross~g NORTH ~--~ May 1~, 2002 ~1 ~en, C.E.T. 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 Adele Kon Director R-2002-22 May13,2002 His Worship Mayor Wayne Thomson and Members of Municipal Council City of Niagara Falls, Ontario Members: Re: R-2002-22 Appointment to the Arts & Culture Commission RECOMMENDATION: That Council appoint Anna Lee to the Arts and Culture Commission BACKGROUND: Attached is a of letter of resignation from Pat Piccirillo. The Arts and Culture Commission is asking that the vacancy be filled. In total there are five vacancies if other individuals are interested in serving they would also be welcomed. Respectfully Submitted Karen Akula, Chairperson Arts & Culture Commission KA:cec Attachments -2- S:\Council\Counci12002\R-2002-22 - Appointment to the Arts & Culture Commission.wpd Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation & Culture Business Development ~lI~, F~LLS CLERKS'O? 0418 ANNA LEE 4423 KATHLEEN CRES, NIAGARA FALLS, ONT L21t 3H8 April 8, 2002 CITY CLERKS DEPARTMENT CITY HALL P.O. BOX 1023 4310 QUEEN ST. NIAGAR~ FALLS, ON. Dear Dean, It has. come to my attention that vacancies exist on the Art and Culture Commission. Please accept this submission as a request to sit as a full member on committee and fill one of the vacancies. this letter iR a resume for your perusal. As you can see, currently of the Environmental Planning and Greening Committee, Community Committee (inactive) and Marketing Committee this transition an easy one.. to becoming involved on a higher level and volunteering time and where needed is a long-term goal held dearly. The Art & Culture of this ' is the backbone for social unity and its importance should not go astray. part of this committee would truly be a step toward that goal. Sincerely, ANNA LEE 905-354-1558 ANNA LEE 4423 KATHLEEN CRES. NIAGARA FALLS, ON L2H 3H8 Phone 905-354-1558 E-mail dannalee(~ mail.caninet.com. Education 2002 -2002 NIAGARA COLLEGE HOSPITALITY MANAGEMENT 1988 - 1989 NIAGARA COLLEGE REAL ESTATE DIPLOMA 1980 - 1982 NIAGARA COLLEGE BUSINESS MARKETING 1976 -1980 LORE3'I'O ACADEMY SECONDARY SCHOOL DIPLOMA NIAGARA FALLS, ON ST. CATHARINES, ON WELLAND, ON NIAGARA FALLS, ON 1999 -- CUSTOM BREW MARKETING FACILITATOR NIARARA FALLS,ON 1994 - 2000 SOUVENIR STORE OWNER~OPERATOR NIAGARA FALLS, ON 1989 - 2000 REMAX NIAGARA REAL ESTATE AGENT NIAGARA FALLS, ON 1987 - 1989 TOWERS DEPT. STORE SENIOR STORE INVESTIGATOR NIAGARA FALLS, ON 1985 -1987 KMART CANADA LOSS PREVENTION MANAGER NIAGARA FALLS, ON 1983-1986 ELVIS PRESLEY MUESUM NIAGARA FALLS, ON ASSISTANT MANAGER 1982 - 1984 PINKERTONS SECURITY NIAGARA FALLS, ON SECURITY GUARD Interests and activiaes READING, FITNESS, LOCAL POLITICS Volunteer experience 1993- 1997 CHILDFIND FUNDRAISING EXECUTIVE 1997 -2OOO 2001 - 2001 - 2004 2001 - 2004 PROFFESIONAL STANDARD COMMITTEE MARKETING COMMITTEE CHAMBER OF COMMERCE COMMUNITY RESOURCES MANAGEMENT COMMITTEE ENVIRONMENTAL PLANNING AND GREENING COMMI'FrEE 1983 MISTY HOSPITALITY AWARD NIAGARA FALLS References AVAILABLE UPON REQUEST The City of Niagara Falls Canada Fire Services 5809 Morrison Street Niagara Falls, ON L2E 2E8 web site: www.city.niagarafalls.on.ca Tel: (905) 356-1321 Fax: (905) 356-6236 E-mail: pburke@city,niagarafalls.on.ca Patrick R. Burke Fire Chief FS-2002-08 May 13, 2002 His Worship Mayor Wayne Thomson and Members of Municipal Council City of Niagara Falls, Ontario Members: Re: FS-2002-08 - Purchase and Installation of Address Sign Posts RECOMMENDATION: That Council authorize the purchase and installation of rural number address sign posts, over a two-year period, from Spotlight Signs inc. from St. Catharines, Ontario at a total cost of approximately $35,000.00 including taxes. BACKGROUND: Firefighters responding to our rural areas (Stations 4, 5 and 6) have completed an analysis of fire response concerns in their respective areas. The highest priority that surfaced for all areas was quick location of addresses. Many of the rural homes are somewhat removed from the Municipal roadway. This makes reading address markings on the front of the home next to impossible. The lack of street or other lighting aggravates the difficulty in locating the address. All of this can result in a delay in the delivery of service to a citizen that has called for help. Address numbers at the driveway entrance would significantly improve our ability to locate the proper address when emergency assistance is required. Many other communities in the Region have completed or are currently in the process of completing this worthwhile project. The signs would be located on the Municipal roadway at the property line, at a predetermined distance from the main driveway entrance to the property. A request for proposals was originally telephoned to three sign companies who have been used by the other Municipalities for quotes. Two of the three companies responded to our request for quotes. Their quotes are included below. The volunteers of Stations 4, 5 and Smoke Alarms Save Lives - Check Your Smoke Alarm Working Together to Serve Our Community - 2 - 6 are in support of this progressive project and agree it will assist them in responding to an emergency call. Staff is recommending Spotlight Signs Inc. for the following reasons: lowest submitted price meets the requirement of the Niagara Parks Commission reflective numbers both sides environmentally friendly colours (green and beige (luminous)) The following are the competing companies and their costs: Company Cost Spotlight Signs Inc. $27.45 (plus tax) Touchstone Site Contractors Inc. $39.80 (plus tax) Roadside Rentals no bid submitted The contractor will be responsible for providing the posts and numbered signs complete with service locates and installation according to Fire Services standards. FINANCING: The plan is to complete this project over a 2-year period at approximately $17,500.00 per year. Funds have been budgeted for in the 2002 and 2003 Capital Budget to fund this project. P r~p-ar, ed b_b_y: Assistant Chief Patrick R. Burke Fire Chief E. P. Lustig Director of Fire Services // , spectfu,y sy, bmitt d:/ acDonald dministrative Officer CR:rs The City of Niagara Falls' Canada Fire Services 5809 Morrison Street Niagara Falls, ON L2E 2E8 web site: www.city.niagarafalls.on.ca Tel: (905) 356-1321 Fax: (905) 356-6236 E-mail: pburke@city.niagarafalls.on.ca Patrick R. Burke Fire Chief FS-2002-09 May 13,2002 His Worship Mayor Wayne Thomson and Members of Municipal Council City of Niagara Falls, Ontario Members: Re: FS-2002-09 - Agreement with The Regional Municipality of Niagara Temporary Training Site for Niagara Falls Fire Services Vacant Houses and Apartment Building - Roberts Street RECOMMENDATION: That Council authorize an extension to the agreement (L-2002-18) with The Regional Municipality of Niagara to permit the Niagara Falls Fire Services to temporarily use the property and buildings on Roberts Street for the training of its firefighters. BACKGROUND: The Regional Municipality of Niagara is the owner of the several properties on Roberts Street which are slated for demolition. The buildings located on the property are unoccupied and in substandard condition. The Niagara Fails Fire Services is interested in using the buildings to carry out training activities related to the duties of its firefighters and intends to use the buildings for ventilation practice, foam practice, laddering practice, fire cause determination and overhaul (making sure the fire is out). The Region has agreed to the extension of this request and are prepared to enter into an agreement with the City for this purpose. Once the training has been completed the Smoke Alarms Save Lives - Check Your Smoke Alarm IVorking Together to Serve Our Community Region agrees to demolish the buildings, at its own expense, within 90 days of receiving notice from the City to do so. The use of the property will be at no cost to the City. ~ed by: Patrick R. Burke R. O. Kallio City Solicitor Approved by: E. P. 'Lustig 'S Director of Fire ervi' Respectfully S,ubmitted:/ John MacDonald Chief Administrative Officer LS:rs THIS AGREEMENT made this 1st day of May, 2002. BETWEEN: THE REGIONAL MUNICIPALITY OF NIAGARA Hereinafter called the "Owner" - and - OF THE FIRST PART THE CORPORATION OF THE CITY OF NIAGARA FALLS Hereinafter called the "City" OF THE SECOND PART WHEREAS the parties hereto entered an agreement dated the 27th day of February, 2002; AND WHEREAS the parties wish to amend the said agreement NOW THEREFORE this Agreement witnesses: The agreement dated the 27th day of February, 2002, between the parties hereto be and hereby is amended by deleting paragraph 1 and replacing it with the following: "1. The Owner of the said lands agrees to permit the City, its employees and agents, to enter upon the said lands for the purpose of permitting Niagara Falls Fire Department to carry out training activities related to the duties of its firefighters in and around the buildings situated on the said lands." IN WITNESS WHEREOF the City and the Owner have hereunto affixed their corporate seals duly attested by the hands of the proper signing officers in that behalf and the said signing officers certify that they have the authority to bind their corporation. SIGNED, SEALED and DELIVERED THE REGIONAL MUNICIPALITY OF NIAGARA lan Neville, Commissioner of Public Works THE CORPORATION OF THE CITY OF NIAGARA FALLS Wayne Thomson, Mayor Dean Iorfida, City Clerk 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 F-2002-34 Kenneth E. Burden Director of Finance May13,2002 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: F-2002-34 - Municipal Accounts RECOMMENDATION: That the City Council approve the municipal accounts totalling $3,922,368.83 for the period ending May 13, 2002. BACKGROUND: The accounts have been reviewed by the Director of Finance and the by-law authorizing payment is listed on tonight's Council agenda. Recommended by: K.E. Burden Director of Finance Respectfully submitted: / /Jolm MacDonald ~/' Chief Administrative Officer Approved by: T. Ravenda Executive Director of Corporate Services KEB:~d Working Together to Serve Our Community Clerk's Finance Human Resources · Information Systems · Legal Planning & Development The City of Niagara Falls Canada Corporate Services Department Legal Services 4310 Queen Street P.O, Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905) 371-2892 E-mail: rkallio@city.niagarafalls.on.ca R,O. Kallio City Solicitor L-2002-16 May13,2002 His Worship Mayor Wayne Thomson and Members of Municipal Council, City of Niagara Falls, Ontario Members: L-2002-16, Establishment Of Public Highways Part 1 on 59R-11584 to be known as Oakwood Drive Part 2 on 59R-11595 to be known as Drummond Road Part 1 on 59R-11604 to be known as Beaverdams Road Parts 14 and 15 on 59R-11086 to be known as Willick Road Our File Nos.: 2002-39, 2002-09, 2001-209, 1999-151 RECOMMENDATION: 1. That a road widening, being Part I on Reference Plan No. 59R- 11584, be established as a public highway, to be known as Oakwood Drive. 2. That a road widening, being Part 2 on Reference Plan No. 59R- 11595, be established as a public highway, to be known as Drummond Road. 3. That a daylighting triangle, being Part 1 on Reference Plan No. 59R-11604, be established as a public highway, to be known as Beaverdams Road. 4. That turning circles, being Parts 14 and 15 on Reference Plan No. 59R- 11086, be established as a public highway, to be known as Willick Road. BACKGROUND: 1. Part 1 on Reference Plan No. 59R-11584, located on the west side of Oakwood Drive, was conveyed to the City for road widening purposes as a condition of Committee of Adjustment approval. The subject land is shown in black on the plan attached. Staff recommends the subject road widening be established as a public highway to form part of Oakwood Drive. Working Together to Serve Our Community Clerk's · Finance · Human Resources Information Systems · Legal · Planning & Development L-2002-16 - 2 ~ May 13, 2002 2. Part 2 on Reference Plan No. 59R-11595, located on the west side of Drummond Road was conveyed to the City for road widening purposes as a condition of Site Plan approval. The subject land is shown hatched on the plan attached. Staff recommends the subject road widening be established as a public highway to form part of Drummond Road. 3. Part 1 on Reference Plan No. 59R- 11604, located on the southwest comer of the intersection of Beaverdams Road and Kalar Road was conveyed to the City for road widening purposes as a condition of Site Plan approval. The subject land is shown hatched on the plan attached. Staff recommends the subject daylighting triangle be established as a public highway to form part of Beaverdams Road. 4. Parts 14 and 15 on Reference Plan No. 59R-11086, located on the east and west ends, respectively, of Willick Road were conveyed to the City for turning circles. The subject lands are shown hatched on the plan attached. Staff recommends the subject turning circles be established as a public highway to form part of Willick Road. ] by: City Solicitor Approved by: Respectfully Submitted: ~ ]John MacDonald, [~/Chief Administrative Officer Tony Ravenda, Executive Director of Corporate Services. 7~ DEPO$ff PLAN 352585 PART~ PART FORMERLY KNOWN AS EAST SERVICE ROAD · OAKWOOD -,'-,'-~,.' .,'o .o-52. ,,s,:. ,,,o .52o5. DRIVE PIN $4,,357 O009(I,T) l-pARq' PART 5 pA~T PLAN 59R-6900 PART 5 INST. 'PART 6 59R-5721 - u3 PART 2 - PLAN 59R- PART 1, PLAN ================================= ........... I · PART 1. pLAN 59R-3a82 (Rood Allowance Between Tow~4h~ SOUTH Lota I I · PAI~I' 5. PLAN PART OF ~ LOT 3-4 1;~J5 & t3 N PLAN PART 1 59R-1757 L METRIC NOTE BEARING NOTE LEGEND PART OF STAMFORD TOWNSHIP LOT 122 City of Niagara Falls REGIONAL MUNICIPALITY Of NIAGARA UATIHL-~, CAUEE~, HEW/000 - KEiEI{Y T. H0~I[ ~ L!~IIED L _ ~ :~ ~' ~', SURVEYOR'S CERTIFICATE .... ~-A--1t_-- .... [,,_.~. / Ontorio Lond Surve~r set L~LOO--X PART OF LOT 19 BROKEN FRONT CONCESSION 'PART OF LOT 19 CONCESSION 1 PART OF THE ROAD ALLOWANCE BETWEEN LOTS 18 & 19 BROKEN FRONT CONCESSION N.R. AND ALL OF THE ROAD ALLOWANCE BETWEEN LOTS lB &: 19 CONCESSION 1 NOW CITY OF NIAGARA FALLS REGIONAL MUNICIPALITY OF NIAGARA 100 0 100 200 'o PARCEL 19-1 SECTION 59-WILLOUGHBY oo~s'~~~~i--T~ :: ";;'"I :~ ;_I z.:~ 64254-0033 72546 NS~'lS'50'E (N69'lT'50'E P2) 1~.~' ~ · ~-' ,~ ~' ~,'~LL DE/AIL U 1673~' PI~' ~ ~2~4 INST. No. 736823 ~ ~ PART 11 PART 8 ~-~ ~ A F,~AD ALLO',"V;F, NCE BETWEEN . PART 7s.,r g~ ~.~s' ' 7~.s";,~." ..~ ~ .~-"e' -- 2637 Ch_-~J2.55' \ o~)\ zo.~' ~8~-'~5'5o'E ~ d o INST. NO. ~.0' ~ ~ ~t (~'~' ~~ " ~ PAR DETAIL 'E' - Not 1o Scole / / 64254-0054 ir. h;/ /2 7 ~l k L-~k c.~V. ~O...oA'l~ 64254-0057 64254-0177 Corporate Services Department The City of Niagara Falls Canada Legal Services 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www. city.niagarafalls.on.ca R.O. Kallio City Solicitor L.2002-22 Tel: (905) 356-7521 Fax: (905) 371-2892 E-maih rkallio@city.niagarafalls.on.ca May 13, 2002 His Worship Mayor Wayne Thomson and Members of Municipal Council, City of Niagara Falls, Ontario Members: L-2002-22, Closing and Declaring Surplus Part Unopened Road Allowance Designated as Part 1 on Reference Plan No. 59R-11691 West of Kalar Road, North of Lundy's Lane Our File No.: 2002-28 RECOMMENDATION: That part of the unopened road allowance between Stamford Township Lots 122 and 134 designated as Part 1 on Reference Plan No. 59R-11691 be stopped up and closed and declared surplus. BACKGROUND: At its meeting of April 8, 2002 Council approved the recommendations of Planning and Development for Orchard Grove West draft plan of subdivision and authorized staff to proceed with the closing of part of the unopened road allowance between Stamford Township Lots 122 and 134, more particularly described as Part 1 on Reference Plan No. 59R-11691 and shown hatched on the plan attached. In accordance with the MunicipalAct, notice of Council's intention to pass a by-law closing part of the road allowance was published in the issues of the Niagara Falls Review for April 20th and 27th and May 4th and 11th, 2002. The notice states that any person who claims that his/her land will be prejudicially affected by closing the subject portions of the road allowance and who applies to be heard, will be heard by Council at this meeting. At the time of writing this report no one has applied to be heard. L-2002-22 - 2 - May 13, 2002 Notification to the public of the subject road allowance being closed and declared surplus and of an Offer to Sell, for a period of thirty days, said Part 1 to the abutting owners in accordance with the MunicipalAct for the appraised value will be placed in the Niagara Falls Review and response to this offer will be presented to Council for its consideration in the near future. by: City Solicitor Ro~~ MacDeCtfully Submit,ted: onald /~/ Chief Administrative Offi6er A~r~~o ved by: Tony Ravenda, Executive Director of Corporate Services. The City of Niagara Fall~ Canada Corporate Services Department Legal Services 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905)374-7500 E-mail: rkallio@city.niagarafalls.on.ca His Worship Mayor Wayne Thomson and Members of Municipal Council, City of Niagara Falls, Ontario May13,2002 R.O. Kallio City Solicitor L-2002-23 Members: L-2002-23, St. John Ambulance Lease Agreement with the City 5734 Glenholme Avenue Our File No.: 2002-29 RECOMMENDATION: That Council authorize the attached lease agreement dated February 8, 2002 with St. John Ambulance regarding the property located at 5734 Glenholme Avenue. BACKGROUND: The former Stamford Township Firehall at 5734 Glenholme Avenue has been leased to the St. John Ambulance Association since December 1971. The current lease agreement was renewed in April 1992. The St. John Ambulance has requested that the lease be renewed for a further term often years at the same rental rate of $1.00 per annum. The agreement requires St. John Ambulance to carry insurance coverage satisfactory to the City Solicitor and conditions tbr occupancy. Prepared by: Lynne Banks Legal Services Approved by: Tony Ravenda, Executive Director of Corporate Services. ed by: City Solicitor. Respectfully Submitted: Chief Administrative Officer. Working Together to Serve Our Contmunity Clerk's · Finance · Human Resoumes Information Systems Legal Planning & Development THIS LEASE AGREEMENT made this 8'~ day of Fabruar% 2002. IN PURSUANCE OF THE SHORT FORMS OF LEASE ACT BETWEEN: CITY OF NIAGARA FALLS Hereinafter called the "Lessor", of the FIKST PART; ST. JOItN AMBULANCE ASSOCIATION Niagara Falls Branch Hereinafter called the "Lessee", of the SECOND PART. WITNESSETH thmin consideration of the rents, covenants and agreements hereinafter reserved and contained on the part of the lessee, the lessor by these presents doth demise and lease uato the lessee ail that cemfin parcel or tract of land and premises, situate, lying and being in the City of Niagara Fails, in the Regional Municipality of Niagara, and Province of Ontario and being composed of the land and premises described in Schedule "A" attached (the "premises"). 1. The Lessor doth hereby demise ami lease the premises to the Lessee to be used only for one or more of the following purposes: (a) instruction and training in first aid and home nursing, Co) the homing of (~ne or more ambulances, (c) occasionai social functions limited to members of the Lessee Association and to which the general public is not invited or permitted to attend, and, (d) °ffices and meeting room for such sociai agency or agencies as may be approved by the Lessor. on the 1" day of May, 2002 and from thenceforth ensuing and to be fully completed and ending on the 30*~ day of April, 2012. TO HAVE AND TO HOLD the premises for and during the term often years commencing 3. YIELDING AND pAyiNG therefor yearly and ever/year during the said term unto the said Lessor the sum of One Dollar ($1.00) of lawful money of Canada, without any deduction, defaication or abatement whatsoever to be paid in advance on the lease commencement day and on each anniversary of the lease commencement day. 4. THE LESSEE COVENANTS WITH THE LESSOR: (a) To pay rent; to pay ail taxes, rates and assessments including locai improvements levied against the leased premises for each of the years during the term and all business or other taxes assessed, levied or charged against the Lessee; (c) to pay for heating the said premises; -2- (d) to pay water rates and charges for gas, electricity and tdephone; (e) to repair, reasonable wear and tear and damage by fire, lightning, tempest, earthquake, explosion and structural defect or weakness only excepted; (f) to keep up fences; (g) that the said Lessor may enter and view state of repair; will not assign or sublet without leave, which said leave may, notwithstanding the provisions of Section 17 of the Tenant Protection Aet, 1997 S.C. 1997 Chepter 24, be arbitrarily refused by the Lessor in its sole and uncontrolled discretion; (i) will not carry on upon the said premises any activity except those enumerated in paragraph l of this lease; that it will leave the premises in good repair, reasonable wear and tear and damage · by fire, lighmlng and tempest, earthquake, explosion and struetnral defect or weakness only exempted; (lc) that it will not do or make or p~mit to be done any alterations to the building on said premises without first chining the consent in writing of the Lessor; O) at the Lessee's expense: 0) to insure and keep insured the building on said premises to its full insurable value in the name of the Lessor as owner on an "All Risk" form with replacement cost endorsement normally in use from time to time during the term of this lease or any extension thereof for similar structures in the City of Niagara Falls; (ii) to take out and keep in force public liability and property damage insurance upon terms and conditions satisfactory to the Lessor protecting and indemnifying the Lessee and the Lessor agaln~t any claims for damage or injmy to person or property' or for the loss of life occurring-m, on or about the premises, the limit of such insurance to be l~ot less than $2,000,000.00 inclusive of bodily injury and property damage. Such pohcy to include the Lessor as an additional named insured and to be endorsed to include the contraetnal obhgafions of the Lessee to the Lessor under this agreement and to contain a "cross liability" or "severability of interests" endorsement; (iii) to maintain boiler and pressure vessel insurance for any boilers and pressure vessels which may be on the demised premises to a limit of not less than $2,000,000.00 in respect of any one accident or any such other greater amount as may be recommended by the Lessor's insurance advisers. (A) Theinsu~ancepolicies stipulated in subelauses (i), (ii) and (iii) of this paragraph shall contain a waiver or waivers o fsubrogation against the Lessor, and the Lessee waives, releases and discharges the Lessor from all fights, claims and demands whatsoever which the Lessee might have or acquire agaln~t the Lessor arising out of damage to or destruction of the building or any part thereof occasioned by any of the perils insured against by the Lessee or which the I~..ssee has agreed to insure against, whether such fights, claims and demand shall arise through the negligence or other fault of the Lessor its servants, agents or contractors or not. The Lessee agrees to look solely to its insurer or insurers in the event of such loss whether the insurance coverage is sufficient fully to reimburse the Lessee for such loss or not. (B) The Lessor waives, releases and discharges the Lessee from all rights, claims and demands whatsoever which the Lessor might have or acquire against the Lessee arising out of loss, damage, injury or liability for damage normally recoverable under an "All Risk" form with replacement cost endorsement policy and agrees with the Lessee to a waiver of subrogation to any insurer of any rights which it, the Lessor, -3- (c) may have against the Lessee in respect of such loss, damage, injury or liability. Every contract ofiusurance required to be maintained pursuant to the provisions of this lease shall be placed with a company approved by the Lessor and licenced under the laws of Ontario and ordinarily engaged in the business of insuring against the risks herein described. .The proceeds of all such insurance other than public liability and property damage insurance shall form a trust fund in the name of the Lessor and shall be used while this lease in is force only for the repair and restoration of the building in the event of damage or destruction. Loss under all such insurance shall be payable to the l~ssor. If the Lessee fails to obtain the insurance required hereunder, the Lessor may obtain such insurance and shall give the Lessee notice setting out the amount and dates of payment of all costs and expenses incurred by the Lessor in connection therewith to the date of such notice. In the event the Lessee shall v~thin 15 days of the giving of such notice pay such costs and expenses shall be recoverable by the Lessor in the same manner as if it were rent reserved and in arrears under this lease. The Lessee shall furnish the Lessor with ce~iflcates or other acceptable evidence of all insurance effected pursuant to this clause. 5. The .L~ssee covenants and agrees with the Lessor not to do or permit in or upon the demised prermses or any part thereof anything which shall be or may b~)m¢ a nuisance, annoyance or disturbance to the owners or occupiers of other properties in the immediate vicin/ty. 6. The Lessee agrees that in the event of non-payment of rent or in case of breach or non- observance or non-performance of any of the covenants herein contained, the Lessor may at any time thereafter take possession of the premises herein described and this agreement shall be terminated. 7. Upon the expiration of this lease either by notice or by expiration of the term or for any cause, all improvements made and fixtures attached to the demised premises by or on behalf of the Lessee shall become the property of the Lessor without payment o f any consideration and the Lessee covenants and agrees to execute a quit claim deed to the Lessor of the premises, 8. Any notice required to 'be given pursuant to this agreement may be delivered or sent by prepaid first class mail or facsimile transmission to St. John Ambulance and the City as follows: St. John Ambulance Association Niagara Falls Branch 5734 Olenhohne Avenue Niagara Falls, Ontario L2G 4Y3 Attention: Kal T. Brecht, Community Services Co-ordinator Paul Herbert, Chairman Telephone: (905) 356-7340 Facsimile: (905) 356-1647 The Corporation of the City of Niagara Falls, Attention: Property Manager 4310 Queen Street, P.O. Box 1023, Niagara Falls, Ontario L2E 6X5 Telephone: (905) 356-7521 Facsimile: (905) 371-2892 Any such notice, if mailed, shall be conclusively deemed to be given to and received by the other party three (3) business days after the mailing thereof or if sent by facsimile transmission, on -4- the date the facsimile transmission was sent. 17. This lease and everything herein contained shall extend to and bind each of the parties hereto, subject to the granting of consent by the Lessor as provided in paragraph 4 of this lease to any assignment or sublease. IN WITNESS WHEREOF the Lessor and the Lessee have executed this lease. ) ST. JOHN AMBULANCE ASSOCIATION ) Niagara Falls Branch ) ) ,19~,,- /~r ))Title: ~~ . ) ) W~ean~'~ ~ ofi~tob~d~on ) ) ) ~ CO~O~ON OF ~E ) ) ) ) Name: Wayne Thomson ) Title: Mayor ) ) ) ) Name: Dean Iorfida ) Title: City Clerk -5- Schedule "A" to the Lease dated the 8a day of February, 2002 between St. John Ambulance Association, Niagara Falls Branch and The Corporation of the City of Niagara Falls ALL AND SINGULAR that certain parcel or tract of land or premises situate ly~g and being in the City of Niagara Falls, in the Regional Mum¢ipality of Niagara, formerly in the Township of Stamford, in the County of Welland, and being composed of Lots 30 and 32 according the Registered Plan No. 28 for the Township of Stamford. The City of Niagara Falls l Canada Corporate Services Department Legal Services 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905) 371-2892 E-mail: rkallio@city.niagarafalls.on.ca R.O. Kallio City Solicitor L-2002- 24 May 13, 2002 His Worship Mayor Wayne Thomson and Members of Municipal Council, City of Niagara Falls, Ontario Members: L-2002-24 Sale of Calaguiro Park Our File No. 2000-60 RECOMMENDATION: That the attached Offer to Purchase from Kybala Ventures Inc. (Appendix "A") to purchase parts of Block 99 (Calaguiro Park) and parts o fDomenic Crescent for $180,000 be accepted. That the City accept Parts 7, 16 & 35 on Reference Plan 59R-11579 from Kybala Ventures Inc. for the purposes of forming part of Domenic Crescent and part of the storm water management block located as part of Block 99. 3. That Parts 7 & 35 on Reference Plan 59R-11579, be established as a public highway to be known as Domenic Crescent. BACKGROUND: The attached Offer to Purchase by Kybala Ventures Inc. is the culmination of Council's direction regarding the sale of Calaguiro Park (Block 99). Council declared the park surplus and directed that the land be sold to the developer, Kybala Ventures Inc. (See Appendix "B", "C" and "D"). Working Together to Serve Our Community Clerk's Finance · Human Resoumes · Information Systems · Legal Planning & Development -2- The Offer provides that: Part of Block 99, Plan M-92 and Domenic Crescent on Registered Plan No M-92 designated as Parts 8, 11, 13, 15, 18, 19, 21, 22, 23, 24, 25, 26, 27, 31 and 32 on Reference Plan 59R-11579 will be sold to Kybala. Kybala will transfer those Parts of Lots 10, 11 and 12 on Plan M-92 designated as Parts 7, 16 & 35 on Reference Plan 59R-11579 to the City for storm water management purposes and the re-alignment of Domenic Crescent. The purchase price is $180,000 with a non-refundable deposit of $50,000, payable at the time of submitting the offer. The transaction will close February 14, 2003, or sooner if mutually agreeable to the parties. There were a number of meetings between the developer and City staff to finalize this matter. As well, part of the existing road had to be legally closed, which required the approval of the Region of Niagara and registration of the closure by-law in the registry office. All preliminary matters have now been completed which allows for the sale to take place. The developer will still be required to enter into a subdivision agreement with the City. ded by: City Solicitor. Respectfully Submitted: Approved by: T. Ravenda, Executive Director of Corporate Services ROK:mm OFFER TO PURCItASE KYBALA VENTURES 1NC., hereinafter called the Purchaser, offers to purchase from THE CORPORATION OF THE CITY OF NIAGARA FALLS, hereinafter called the Vendor, that property in the City of Niagara Falls, in the Regional Municipality of Niagara which is more particularly described as follows: Part of Block 99 and Part of Domenic Crescent on Registered Plan No. M-92 designated as Parts 8, 11, 13, 15, 18, 19, 21, 22, 23, 24, 25, 26, 27, 31 and 32 on Reference Plan 59R-11579 in the City of Niagara Falls in the Regional Municipality of Niagara, shown in heavy outline and hatched on the plan attached hereto as Schedule "A" at the PURCHASE PRICE OF ONE HUNDRED EIGHTY THOUSAND DOLLARS ($180,000.00) of lawful money of Canada, payable on the following terms: Purchaser submits with this Offer a non-refundable deposit in the sum of Fifty Thousand Dollars ($50,000.00) cash, certified cheque Or money order payable to the Vendor to be held by the Vendor pending completion of this Agreement and to be credited toward the Purchase Price on completion. Otherwise after acceptance of this Offer, the Vendor is entitled to the deposit and it shall not be returned to the Purchaser and the Purchaser shall make no claim against said deposit. The Pumhaser agrees to pay the Vendor the balance of the Purchase Price, by certified cheque, subject to the ususal adjustments, on the closing of this transaction and convey to the Vendor free and clear of encumbrances those Parts of Lots 10, 11 and 12 on Plan M-92 designated as Parts 7, 16 & 35 on Plan 59R-11579, shown in heavy outline and hatched on the plan attached hereto as Schedule "B". This Offer is subject to and conditional upon the Council of The Corporation of the City of Niagara Falls passing a by-law on the 13th day of May, 2002, authorizing its acceptance of this Offer to purchase the said lands and if such by-law is not passed, this Offer shall be null and void and the deposit money shall be returned to the Pumhaser without interest. -2- This Offer shall be irrevocable by the Purchaser and may be accepted by the Vendor up to but not after midnight of the 13th day of May, 2002. o In the event that this Offer is not accepted or consented to, this Offer and everything herein contained shall be null and void and no longer binding upon any of the parties hereto and the Vendor shall not be liable for any damages or costs. In the event of and upon the acceptance of this Offer, this Offer shall be a binding contract of Purchase and Sale and shall be completed in accordance with the terms thereof. The title to the said lands is good and free from all encumbrances except for any restrictions or covenants that run with this land and except for any easements to public utilities. o The Purchaser shall not call for the production of any title deeds, abstract, survey or evidence of title except such as are in the possession of the Vendor. The Vendor agrees that it will deliver any existing survey, in its possession, to the Purchaser as soon as possible and prior to the last day allowed for examining title. The Purchaser shall be allowed until 30 days prior to the closing date to examine title, at its own expense. If within that time any valid objection to title is made in writing to the Vendor, or its Solicitor, which the Vendor shall be unable or unwilling to remove and which the Purchaser will not waive, the contract arising out of the acceptance of this Offer shall, notwithstanding any intermediate acts or negotiations in respect of such objections, be null and void and it shall not be liable for any damages or costs. Save as to any valid objection so made within such time, the Purchaser shall be conclusively deemed to have accepted the title of the Vendor to the real property. 10. The agreement resulting from the acceptance of this Offer shall be completed on February 14, 2003, or sooner, if mutually agreed. 11. -3- On the closing of this transaction, the Vendor shall convey, by individual Transfers/Deeds to such nominees as the Purchaser may in writing direct, in fee simple, free and clear of all encumbrances, except as to any restrictions or covenants and except for any restrictions or covenants and except for easements or unless otherwise provided herein and shall deliver vacant possession of the lands to the Purchaser and Vendor, respectively, free of all tenancies. 12. The Purchaser shall assume any taxes, local improvements, water and sewer rates from the date set out in paragraph 10 hereof. 13. The deed or transfer for the said lands, except for the Land Transfer Tax Affidavit which shall be prepared and completed by the Purchaser, shall be prepared in registerable form at the expense of the Vendor. 14. The Vendor makes no representation, warranty, condition either expressed or implied as to soil condition, services, utilities, fitness for the purpose of zoning and building by-laws, park, road widening or other possible dedications, or as to charges, levies and regulations of The Corporation of the City of Niagara Falls, The Regional Municipality of Niagara, utilities or other regulatory authorities. The Purchaser shall satisfy itself in respect of such matters prior to submitting this Offer. 15. The Purchaser acknowledges having inspected the property prior to submitting this Offer and understands that upon the Vendor accepting this Offer, there shall be a binding agreement of purchase and sale between the Purchaser and Vendor. 16. Any tender of documents or money hereunder may be made upon the Solicitor acting for either party from whom tender is desired, and it shall be sufficient that a negotiable certified cheque by a chartered bank or trust company may be tendered instead of cash. 17. The Vendor hereby appoints the City Solicitor of The Corporation of the City of Niagara Falls for the purpose of giving and receiving notices pursuant to this agreement. 18. This agreement and its acceptance is to be read with all changes of gender or number required by the context. -4- 19. Time shall be of the essence of this agreement, which shall enure to the benefit of and be binding upon the Purchaser, his heirs, executors, administrators, successors and assigns and the Vendor, its successors and assigns. 20. Paragraphs 7 to 19 shall apply with the necessary modifications to those lands set out in paragraph 2 hereof. Dated at the City of Thorold, in the Regional Municipality of Niagara, this day of May 2002. KYBALA VENTURES INC. Name and Address of Purchaser's Solicitor: Monty G. Vandeyar 5041 King Street, Unit #7 Beamsville, Ontario L0R lB0 Phone: 905-563-8818; Fax: 905-563-7750 SalTle: Title: "I have the authority to bind the Corporation." The undersigned consents to the above Offer: Dated at the City of Niagara Falls, in the Regional Municipality of Niagara, this 2002. THE CORPORATION OF THE CITY OF NIAGARA FALLS day of May, Wayne Thomson, Mayor Dean Iorfida, City Clerk "We have the authority to bind the Corporation" PART 5 PART PAR1 PART 7--- PART 9 PART 10 I I I / / SCHEDULE "A" Offer to Purchase between Kybala Ventures Inc. and _The Corooration of the Cit~ of Niagara Falls PART 14 -- ~ART I $ PART 17 PART : ., ', ~:::,,: ~. -oos~fLr) ': . / ~,~ : ~ ~ .~. < : / ~ ~11 ~,.':.':, ~ :: ~ / ~ , ~1'~ :::~,~z , , ~ 'X : ', :PART ~4 ~11~ : ::~" "~ ~ / % X ~ ~'1./~ ~ ':' ~ ./ ~ / ~ - ~ ~ II1' SCHEDULE "B" Offer to Purchase between Kybala Ventures Inc. and .The Corporation of the Ci~ of Niagara Fall.~ ~4) P/~RT 6' PART PART 9 PART 10 PART 14 PART ,fO"' 'PART PART 15 I PART 22 eo~ · PART 23 PART 26 --PART 21 The City of Niagara Canada ,i '?ENDIX Community Services Department Parks, Recreation & Culture 7565 Lundy's Lane Niagara Falls, ON L2H 1G9 web site: www.city.niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905) 356-7404 E-mail: akon@city.niagarafalls.on.ca Adele Kon Director R-2001-34 TO: R. l~h~L'ro FROM: E. C. WAGG T~iE RECOMMENDATION {S} CONTAIN A . ~ ~x~-~'MM~"E'f'EE AND liA'[TFiED BY CITY ugust/, ~UT, ~'J..., ~-c ,rile MEET lN G HELD OI His Worship Mayor Wayne Thomson and Members of Municipal Council City of Niagara Falls, Ontario Members: Re: R-2001-34 Sale of Calaguiro Park RECOMMENDATION: LEGAL DEPT. That approximately three (3) acres of undeveloped parkland located in Calaguiro Estates be declared surplus. That the City accept $50,000 from Kybala Ventures Inc., as a non refundable deposit made pursuant to an offer to purchase the parkland. That the City accept an offer to sell the parkland in the amount of $180,000., with the closing date of February 2003, or earlier, if requested by the Developer. 4. That the funds from the sale of the park be used to develop a portion of Firemen's Park. That staffbe directed to meet with representatives of the Stamford Centre Volunteer Firemen Association to discuss entering into a legal agreement to develop a portion of Firemen's Park as a neighbourhood park, BACKGROUND: In accordance with the Planning Act, a developer is required to provide 5% of his development for park purposes. The dedicated parkland in Calaguiro Estates is located next to the railway line and is also part of an abutting storm water management pond. The total acreage of the park and storm Working Together to Serve Our Community Municipal Works . Fire Services Parks, Recreation & Culture Business Development Niagara Falls Community ~ervice~ Department Municipal Wodm 4310 Queen Street P.O. Box 1023 Niagara Falls, Off L2E 6X5 web ,Ite: www. cay.nlagarafa#s.on.ca Tel: (gO5) 35~-7521 Fmc (905) 356-2354 Ed DuJlovic, P. Eng. Diredor MW-2001-144 APPENDIX October 15, 2001 His Worship Mayor Wayne Thomson and Members of the City of Niagara Falls, Ontario Members: Re: MW-2001-144 RECOMMENDATION: The recommendation(s) contained in this report were adopted by City Council Closing of Parts of Domenk Crescent Plan M-92- Cnlaplro Estates Subdivision It is recommended; thnt staffbe at,ho. ~rized to proceed with the closing of Parts 8,11,31 and 32 as per attached plan and convey the same to the developer.; that the City exchange Block 111 (Parts I and 2) for Part 4 for the purpose of locating the s~nitary pg~ping station on Part 4; o that the developer convey Pnrts 7, 16 and 35 to thc City. Parts 7 and 35 will form part of Domenic Crescent and Part 16 will form part of the storm water management block. BACKGROUND: As Council rosy recall, the sale of Block 99 Plan M-92, the former Park Blook in the Calaguiro Subdivision was approved thlg past AugusC The development of new building lots in this area requires the closing of the present bulb part of Domenic Crescent and the extension of the same in an easterly direction. The closing of Parts 8,11,31,and 32 is part of the process necessary for the development in this area. The remainiag exchanges and conveyances are also part of the process necessary for the development to proceed. Working Together to Serve Our Community Municipal Works . Fire Services · Parks, Recmaffon & Culture * Business Development · Building and By-Laws 2001-10-15 Council's approval will allow tl~ process to continue. MW-2001-143 Prepared by: Sam Iorfida Manager of Special Projects Fxl Dujlov~c,/'.Eng. Director of Municipal Works .Approved by: Respeeffu/ly Submitted~: ChiefAdmimstrafive Officer/ C~L~GU/RO DR~q~ NATIONAL ,~Z O~W 99 --pART 19 / / / / / t? / . '%. / / Corporate Services Department AFPE 4310 Qcccn Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.clty,niagarafalls.o~.ca Tel: (905) 356.7521 Fax: (905)374-7500 E-mail: rkallio~city.niagarafalls.on.ca His Worship Mayor Wayne Thomson and Members of Municipal Council, City of Niagara Falls, Ontario NDIX ";.:.,,,.o.,..,,,o City Solicitor L-2001-67 The recommendation(s) contained in this report were adopted by City Council December 10, 2001 L-2001-67, Closing and Declaring Surplus Parts of Domenic Crescent on registered Plan No, M-92 Caingulro Estates Subdivision Our l~e No.: 2000-60 RECOMMENDATION: That parts of Domenic Crescent on registered Plan No. M-92 described as Parts 7, 8, 11, 31 and 32 on Reference Plan No. 59R-! 1579 be stopped up and closed and declared surplus, BACKGROUND: At ils meeting of October i 5,2001 Council approved a resolution authorizing staff to proceed with the closing of parts 0fDomenic Crescent on v~istered Plan No. M-92. The subject parts are shown shaded on thc plan attached. In accordance with the MunicipalAct, notice of Council's intention to pass a by-law closing parts of the mad allowance was published in the issues of thc Niagara Falls Review for November 17t~ and 24~ and December 1" and 8a, 2001. The notice states that any person who claims that his/her land will be prejudicially affected by closing the subject portions of the road allowance and who applies to be heard, will be heard by Council at this meeting. At the time of writing this report no one has applied to be heard. L-2001-67 - 2 - December 10, 2001 An offer bY the abutting owner for an exchange of lands will be presented for Council's consideration in the near future. S.M.. Dsrdels, A.M.C.T. Legal Azsistant~mpen"y Manager. Approved by. Tony Ravend~ Executive Director of Corporate Services. City Solicitor. Respectfully Submitted: Edward P. Lustig, Chief Adwi~'u~ive Officer;' Working Together to Serve Our Communit~ Clerk's · Finance · Human Resources * Information Systems · Legal · Planning & Development RALLI~A¥ p~ Il& The City of Niagara FallsI Canada Corporate Services Department Legal Services 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905)374-7500 E-mail: rkallio@city.niagarafalls.on.ca His Worship Mayor Wayne Thomson and Members of Municipal Council, City of Niagara Falls, Ontario May 13, 2002 R.O. Kallio City Solicitor L-2002-25 Members: L-2002-25 Establishment of One Foot Reserve As a Public Highway - Block 23 on draft Plan of Subdivision Meadow Creek Three Subdivision Our File No.: 2002-161 RECOMMENDATION: That the one foot reserve described as Block 23 on a draft Plan of Subdivision for Meadow Creek Three Subdivision be established as a public highway, to form part o£Barrett Crescent. BACKGROUND: Block 23 on a draft Plan of Subdivision for Meadow Creek Three Subdivision, shown in heavy outline on the plan attached, is a one foot reserve conveyed to the City at the time of registration of Meadow Creek Phase 3 Subdivision for the purpose of controlling access to adjacent undeveloped lands. Now that development has been approved on the adjacent lands, staff concurs that the one foot reserve is no longer required and can be established as a public highway to permit legal access to the adjacent subdivision. Prepared by: Lynne Banks Legal Services ed by: City Solicitor. Clerk's Finance Approved by: Tony Ravenda, Executive Director of Corporate Services. .~. ~.rTespectfully Submilted: //J0hn Ma_cDonald f/ Chief Administrative Officer. Working Together ttl~Serve Our Community Human Resources Information Systems · Legal Planning & Development / 2t 22 -1 24 25 Barrett See DETAIL 'A 26~27 28 Crescent $? 8 7 6 N 59 5 5 7 4 3 2 S I