2002/06/17PLANNING/COUNCIL
MEETING
Monday, June 17, 2002
Order of Business
and Agenda Package
PLANNING MEETING
June 17, 2002
PRAYER: Alderman Victor Pietrangelo
O Canada: Ms. Ashley Gallardi, on behalf of the Arts & Culture Commission,
will sing the National Anthem.
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
Red Raiders Juvenile Boys Basketball Team
A presentation will be made to the following Red Raiders Juvenile Boys Basketball
Team, who have won the Hewlett Packard Cup.
Dusty Bianchin
Kenny Colosimo
Kevin Jones
Scoff Murray
Brad Rootes
Dave Carlone
Brandon Garcie
Mike Kemp
Jay Oliver
Along with their Coach, Vito DiMartino; Assistant Coach lan Longmuir, and
Manager Bill Rootes.
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City of Niagara Falls Environment Award
His Worship Mayor Thomson will present the City of Niagara Falls Environment
Award to Ray Wilson, for his many years of involvement in the environmental field; and to
the Friends of the Haulage Road Trail representatives, Clyde Carruthers and Kerry
Murphy, for protecting this valuable environmental resource.
- AND -
Report R-2002-32 - Chair - Environmental Planning & Greening Committee - Actions
Stemming from the Environmental Planning & Greening Committee Meeting of May
15, 2002.
DEPUTATIONS
The Future of Hospital Facilities
Mr. John Carter wishes to address Council regarding the future of hospital facilities
in the Niagara Region.
Niagara Water Quality Protection Strategy
Mr. Paul Montgomery, Senior Environmental Engineer, Water/Wastewater,
The Regional Municipality of Niagara, will provide information on the Niagara Water
Quality Protection Strategy.
Niagara Falls Public Library_
Ms. Inge Saczkoweki, Manager of Children's Services, Niagara Falls Public
Library, wishes to update Council about the Library's summer reading/literacy program for
children.
Medieval Festival
Mr. Will Beaudoin, Co-ordinator of The Medieval Festival & Fund Raiser,
wishes to provide information on the upcoming Medieval Festival being held on Queen
Street, the weekend of June 22nd, 2002.
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World Class Freshwater Fishing
Mr. Joe Montgomery wishes to introduce his map on World Class Freshwater
Fishing.
PLANNING MATTERS
ITEM NO. 19
Public Meeting
Zoning By-law Amendment Application
AM-10/2002; Brookfield Court Draft Plan
of Subdivision; 26T-11-2002-02 (Revised)
Owner: Cuviello Construction Ltd.
In Trust (Agreement of Purchase and Sale)
Owner: Falls Manor Motel
Background Material:
Recommendation Report: PD-2002-48
- AND -
Correspondence from John Nagy
Correspondence from Rick & Linda Volpini
Correspondence from BLS Planning Associates
Correspondence from Walter & Joan Field
Correspondence from Callum Shedden, Daniel, Black, Hill
Correspondence from Regional Niagara, Planning
And Development Department
Correspondence from Regional Niagara, Public Works Dept.
Correspondence from
Correspondence from
Correspondence from
Correspondence from
Correspondence from
Correspondence from
Correspondence from
Correspondence from
Correspondence from
Correspondence from
Correspondence from
Correspondence from
Correspondence from
Correspondence from
Correspondence from
Joseph Cuviello
John Nagy
BLS Planning Associates
Mrs. Mary Gizzie
Roman Cheese Products Limited
Mr. George Waters, Waters & Meredith
Lucille Coleman
June Heximer
Robert D. Ainslie
William Kandracs
Ross J. W. Gillett
Rev. Robert J. Davis
Joanne Garrison
Mrs. Joan London
Rick & Linda Volpini
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ITEM NO. 20
ITEM NO. 21
ITEM NO. 22
ITEM NO. 23
Public Meeting
Zoning By-law Amendment Application
AM-17/2002, 5692 & 5696 Banker Street
Applicant: Kevin Maves
Proposal to Legalize a Four-Unit Dwelling
Background Material: Report PD-2002-58
- AND -
Correspondence from Regional Niagara, Planning
And Development Department
Public Meeting
Zoning By-law Amendment Application
AM-32/2002, 5840 Dunn Street; Proposed 4 Storey,
16 Unit Apartment Building
Michael Colaneri & Tara Colaneri
Background Material:
Recommendation Report: PD-2002-57
Public Meeting
Zoning By-law Amendment Application
AM-14/2002, South Side of Delta Drive, East of Montrose Road
Applicants: George Gueorguiev & Pierra Lefeuvre
Proposal for a Semi-detached Dwelling
Background Material:
Recommendation Report: PD-2002-55
- AND -
Correspondence from Regional Niagara, Planning
And Development Department
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
ITEM NO. 24
ITEM NO. 25
-5-
Background Material:
Recommendation Report; PD-2002-56
- AND -
Correspondence from Regional Niagara, Planning
And Development Department
Public Meeting
Zoning By-law Amendment Application
AM-16/2002, North Side of Marshall Road,
West of the Niagara Parkway
Applicant: Phil Fisher
Proposal to Repeal a Zoning By-law that Permits a
Food Processing and Packaging Plant on the Lands
Background Material: Report PD-2002-59
- AND -
CorrespondenCe from Brian Sinclair Professional Corporation
Public Meeting
Zoning By-law Amendment Application
AM-18/2002, 3736 Kalar Road
Applicant: Eva Fortuna
Proposal for Four Lots for Single Detached Dwellings
Background Material: Report PD-2002-60
- AND -
Correspondence from Regional Niagara, Planning
And Development Department
MISCELLANEOUS PLANNING MATTERS
Chief Administrative Officer
PD-2002-54, Report on Request fo Additional
High-Rise Hotel Guidelines.
Chief Administrative Officer
PD-2002-61, Application for Site Plan
Amendment; SPC-14/2001, NE Corner of Stanley
Avenue and Dunn Street; Rudan Holdings
Limited; Proposed Crowne Plaza Hotel.
-6-
Chief Administrative Officer
PD-2002-62, Comments on Valleyland; Plan
Input and Review Policies.
REGULAR COUNCIL
ADOPTION OF MINUTES: Regular Council Minutes of May 27, 2002.
MAYOR'S REPORTS, ANNOUNCEMENTS, REMARKS
COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
Niagara Clock & Giftware - Re: Directional Signs - requesting that Council
consider their special sign permit for directional signs to be placed along Stanley
Avenue.
RECOMMENDATION: Refer to staff.
Order of Sons of Italy of Canada - Re: Pyrotechnic Fireworks Display -
requesting approval for a pyrotechnic fireworks display at Club Italia's Annual Picnic
to be held on July 14, 2002.
RECOMMENDATION: That the request be approved subject to established policy.
Petemon Community Workshop - Re: Appointment - requesting that Council
appoint Alderman Shirley Fisher as liaison to their Board of Directors.
RECOMMENDATION: That the request be approved.
The Mike Strange Boxing Club - Re: Waiving of Fees - requesting that Council
consider waiving the fees incurred at the Niagara Falls Arena for the Team Canada
vs. Team Italy charity dual boxing event on July 6, 2002 in order to raise funds for
local charities in Niagara Falls.
RECOMMENDATION: For the consideration of Council.
Additional Items for Council Consideration:
The City Clerk will advise of any further items for Council consideration.
-7-
REPORTS
RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS
(Alderman Victor Pietrangelo, Chair)
PARKS, RECREATIONS & CULTURE MATTER.~
1. Chair, Canada Day Committee R-2002-34, Canada Day 2002.
2. Chair, Canada Day Committee R-2002-35, Canada Day, Free Swimming.
FIRE SERVICES MATTERS
1. Chief Administrative Officer
FS-2002-10,
Incidents.
Response to Hazardous Material
ADMINISTRATIVE MATTERS
1. Chief Administrative Officer
CAO-2002-04
Project.
- Chippawa Recreational Dock
MISCELLANEOUS MATTERS
1. Chief Administrative Officer CD-2002-16 - Special Occasion Permits.
Chief Administrative Officer
L-2002-28 - Declare Lands Surplus and Offer for
Sale - Forty Foot Strip of City Land at rear of
3846 Portage Road.
3. Chief Administrative Officer L-2002-29 - Sidewalk Caf~ Licence Agreements.
Chief Administrative Officer
L-2002-31 - DeFilippis Agreement with the City
Building Permit - Testamentary Devise; Part 8 on
Reference Plan No. 59R-7428 Morris Road.
RATIFICATION OF COMMITTEE-OF-THE-WHOLE ACTIONR
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RESOLUTION
THAT the Council of the Corporation of the City of Niagara Falls hereby determines
in accordance with Section 34(17) of the Planning Act, R.S.O., that the changes to
the proposed zoning by-law for application AM-32/2000 (Michael Colaneri & Tara
Colaneri, 5840 Dunn Street regarding a proposed 4-storey, 16 unit apartment
building) are minor in nature and do not require any further notice.
The City Clerk will advise of any additional by-laws or amendments to the by-
laws listed for Council consideration.
BY-LAWS
2002-ff5
2002-116
2002- f 17
2002-118
2002-119
2002-120
2002-121
2002-122
To amend By-law No. 79-200, as amended. (Re: AM-14/2002, Pierre
Lefeuvre/George Gueorguiev)
To amend By-law No. 2002-081, being a by-law to appoint City employees,
agents and third parties for the enfomement of provincial or municipal laws.
To amend By-law No. 79-200, as amended. (Re: AM-32/2000, Michael & Tare
Colaneri)
To amend By-law No. 89-2000, being a by-law to regulate parking and treffic
on City Roads (Re: Parking Prohibited, Taxi Cab Stands)
To amend By-law No. 79-200, as amended. (Re: AM-15/2002, 5815 Victoria
Avenue & 5740 Ellen Avenue)
To amend By-law No. 79-200, as amended. (Re: AM-01/2002, 1006057
Ontario Limited)
To authorize monies for Generel Purposes (June 17, 2002)
To adopt, retify and confirm the actions of City Council at its meeting held on
the 17~h day of June, 2002.
NEW BUSINESS
The City of
Niagara Fall~
Canada
Community Services Department
Parks, Recreation & Culture
7565 Lundy's Lane
Niagara Falls, ON L2H 1GG
web site: www.city.niagarafalls.on.ca
Tel: (905) 356-7521
Fax: (905) 356-7404
E-mail:akon@city,niagarafalls.on.ca
June 17,2002
Adele Ken
Dire~or
R-2002-32
His Worship Mayor Wayne Thomson
and Members of Municipal Council
City of Niagara Falls, Ontario
Members:
Re: R-2002-32- Actions Stemming from the Environmental
Planning & Greening Committee Meeting of May 15, 2002
RECOMMENDATION:
It is recommended that Council endorse the actions of the May 15, 2002 meeting of the Environmental
Planning & Greening Committee.
BACKGROUND:
Each year the Environmental Planning & Greening Committee recommends to Council, a group or
individual to receive the City of Niagara Falls Environment Award. The award is given to a citizen,
group, business or organization residing or working in the City of Niagara Falls, who has made a
significant contribution toward the protection or enhancement of the City's environment.
This year, the Environmental Planning & Greening Committee is recommending two very
worthy recipients: Mr. Ray Wilson and Friends of the Haulage Road Trail to receive the City's
Environment Award.
Mr. Ray Wilson has been active in the environment field for many years. Nominated for this award
by the Niagara Falls Golden Central Club, he has:
Municipal Works
Presented briefs to the International Environment Committee on pollution abatement at
McMaster University and to the Federal Office Niagara Falls, New York;
Brought awareness to the public of the effluent being dumped into the Niagara River;
Was instrumental in having the Cyanamid Company cover their sludge ponds;
Sent letters to Members of Parliament regarding his concerns about the environment, as well
as going on the air with CBC Radio to discuss these concems;
Introduced the use of methane gas and its production to North America;
Fought for and secured the right of the Provincial Government to establish the Short Hills
Conservation Park;
Been a proponent of growing vegetables organically and is still a member of the Organic
Organization;
Working Together to Serve Our Community
Fire Services Parks, Recreation & Culture * Business Development
June 17, 2002 - 2 - R-2002-32
Been recognized by the Ontario Federation of Naturalists for his work;
Been presented a medal by the Federal Government on Canada's 125th Anniversary for his
involvement in the environment;
The items listed above are only a few of Mr. Wilson's accomplishments.
Friends of the Haulage Road Trail is a neighbourhood-based organization that seeks to protect and
improve this valuable recreational resource within our City.
Since the Spring of 2000, Friends of the Haulage Road Trail:
Encouraged the Haulage Road Trail from being cut into two sections by a developer's
subdivision plan. The plan included a connection road to travel directly across the trail's
pathway. Such an action would have had a negative impact on the trail environment and
would have substantially reduced the safe and enjoyable use of the Haulage Road Trail by
the many citizens who use this trail on a regular basis.
Have worked closely with the Parks, Recreation & Culture to officially"Adopt" the Haulage
Road Trail as part of the City's "Adopt-A-Trail Program" and continues to organize a
minimum of three trail clean-up's a year to maintain the environmental beauty of the Haulage
Road Trail.
· Were the first community group to officially take part in the Adopt-A-Trail Program.
Have been working closely with Parks, Recreation & Culture Staff to improve the Haulage
Road Trail, by consulting with staff to construct a set of stairs leading from Dellpark Drive
to the Haulage Road Trail. The stairs are a beautiful addition to the Haulage Road Trail and
enhance the trail environment and improve the safe usage of the trail by everyone.
The Environmental Planning and Greening Committee respectfully wishes Council to honour both
Mr. Ray Wilson and the "Friends of the Haulage Road Trail" for their significant contributions
toward the protection and enhancement of the City's environment.
Council's endorsement of the above would be appreciated.
Respectfully S?mitted: ~
Alderman Selina Vo patti, Chair
Environmental Planning & Greening
Committee
LA/das
S:\Council\Counci12002\R-2002-32 - Actions from EP&G Mtg May 15, 2002 Environment Award .wpd
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) 35§-7521
Fax: (905) 356-2354
E-mail: planning@city.niagarafalls.on.ca
Doug Darbyson
Director
PD~002~8
June 17, 2002
His Worship Mayor W. Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re:
PD-2002-48, Recommendation Report
Brookfield Court Draft Plan of Subdivision 26T-11-2002-02 (Revised)
Owner: Cuviello Construction Ltd.- In Trust (Agreement of Purchase and Sale)
Zoning By-law Amendment Application AM-10/2002
Owner: Falls Manor Motel
RECOMMENDATION:
It is recommended that:
1)
Council authorize the release of the recreational trail easement over Parts 2 & 3, Reference
Plan 59R-9719, from Falls Manor Limited to the City, registered as Instrument Number
719536, to be discharged when the proposed subdivision is registered;
2)
the Brookfield Court Plan of Subdivision be draft approved subject to the conditions in the
attached Appendix;
3)
the Mayor or designate be authorized to sign the draft plan as "approved" 20 days after notice
of Council's decision has been given as required by the Planning Act, provided no appeals
of the decision have been lodged; and
4)
draft approval be given for three years, after which approval will lapse unless an extension
is requested by the developer and, subject to review, granted by Council.
PROPOSAL:
The subdivision applicant (Cuviello Construction) proposes to develop a 1.712 hectare (4.23 acre)
site into 13 single-detached lots. The subdivision land is located on the north side of Clare Crescent,
between Brookfield Avenue and the hydro canal, south of Lundy's Lane, as shown on Schedule 1.
The revised plan layout proposes lots on the west side of a long cul-de-sac roadway as illustrated on
Schedule 2. The land is zoned Residential Single Family lC Density (R1C) through Zoning By-law
79-200, as amended. There is no change requested to the existing zoning provisions for the
subdivision development.
Working Together to Serve Our Community
Clerk's · Finance · Human Resources · Information Systems · Legal · Planning & Development
June 17, 2002 - 2 - PD-2002-48
The amendment to the Zoning By-law applies to land located south of the Falls Manor Motel on
Lundy's Lane and north of the proposed subdivision (see Schedule 1). This area contains several
cabins and is identified as Part 2 on the attached Schedule 3. The site is also zoned Residential
Single Family lC Density (R1C) through Zoning By-law 79-200, as amended. The applicant (Falls
Manor Motel) has requested site specific zoning to recognize the existing tourist commercial use of
the land. The residential zoning is to be maintained.
BACKGROUND:
The Planning Act requires that a Public Meeting be held to receive input on subdivision proposals
prior to making a decision. Council held the Public Meeting for this plan on March 18, 2002.
Members of the public spoke at the meeting and letters of concern have been submitted. The major
issues identified are the preservation ora Red Oak tree at the south limit of the plan, the aligmnent
of a proposed recreational trail through the site and future development to the north. A related
severance application (File B9/2002/NF) was considered and deferred by the City's Committee of
Adjustment on March 5, 2002 at the request ofstaffand neighbours. In response to concerns, Falls
Manor Motel submitted the related zoning amendment.
Staff have met with the developer and area resident representatives on several occasions to discuss
the proposals. The subdivision and zoning amendment were originally scheduled for the May 13,
2002 meeting of Council. However, the applicants requested a two week deferral to allow additional
time to hopefully resolve the issues. The applications were deferred from the May 27, 2002 Council
meeting at the request of the area resident's planner due to a scheduling conflict. The developer has
agreed to revise the north section of the plan to address staff and resident concerns regarding the
cabin lands. At the most recent neighbourhood meeting on June 6, 2002, consensus was reached for
the location of the proposed trail, with suitable protection measures for the tree still to be determined.
The required Public Meeting for the zoning amendment is satisfied through tonight's meeting and
provides another opportunity for the public to comment on the applications.
PLANNING REVIEW:
Various matters were considered in assessing the proposed plan of subdivision and rezoning. Based
on this analysis, approval of the subdivision is recommended subject to specific conditions and
typical requirements associated with urban development. The review of the applications is addressed
under the following headings.
Official Plan & Zoning By-law
The City's Official Plan designates the property Residential which permits a variety of housing types.
The subdivision is located in a mature residential neighbourhood consisting primarily of bungalow
dwellings which abut the site to the east and south. The hydro canal open space is to the west, and
a legal non-conforming cabin use associated with the Falls Manor Motel on Lundy's Lane exists
directly north. The long and narrow configuration of the site imposes design limitations for single-
detached lotting. An alternate street location on the west side of the property was presented by the
resident's planner, however this would have resulted in fewer lots and elimination of lots backing
onto the hydro land. The parcel could accommodate a more intensive townhouse development with
units on both sides of a private roadway but this option may not be as acceptable to the
June 17, 2002 - 3 - PD-2002-48
neighbourhood and would require rezoning. The Official Plan promotes a compatible mix of
housing and lot sizes to provide a full range of housing oppommities. This proposed infill
subdivision of single-detached lots should be compatible with the established neighbourhood.
The R1C zoning applies to the site and the surrounding residential area. This zoning category
requires a minimum lot frontage of 15 metres (49.2 fee0 and minimum lot area of 550 square metres
(5920 square fee0. The lot sizes proposed by the developer exceed these minimum requirements
with the majority of lots having 18.29 metres (60 feet) of frontage and a lot depth of approximately
45.1 metres (148 feet). This lot size is large compared to typical residential plans currently on the
market. The proposed lots are similar in frontage and actually deeper than abutting Brookfield
Avenue properties and also the lots on Clare Crescent along the hydro canal land. An additional 2
lots could be achieved if the frontages were reduced to the minimum zoning standard.
Subdivision Design & Cabin Land Rezoning
The related severance proposes to separate the Lundy's Lane frontage property (Falls Manor Motel
and cabins) from the vacant land to the south for the subdivision development. The specific concern
with the consent application was that the location of the severance line and the original subdivision
layout with lots on the north side of a cul-de-sac bulb would predetermine the expansion of tourist
commercial development on the cabin lands to the north. These cabins are a legal non-confomaing
use that may continue but are intended to eventually cease and change to a residential use as
indicated in the City's Official Plan and Zoning By-law.
The option of extending the current residential subdivision onto the cabin land was explored,
however, Falls Manor wishes to maintain the cabin use at this time. The rezoning application
requests site specific zoning to recognize the existing tourist commercial (cabin) use. Following
further consultation with staff, the developer has agreed to redesign the north section of the plan to
provide a roadway to the proposed property boundary. This would allow the future extension of the
residential subdivision onto the cabin land. A temporary turning area would be designed and
constructed to City requirements. The cabin use can continue in the interim until residential
development is proposed, or alternatively, planning applications to amend the Official Plan and
Zoning By-law for a specific tourist commercial use are approved following a public review process.
If possible, the subdivision developer should postpone construction on Lots 10 to 13 pending any
decision on future redevelopment of the cabin lands. The Committee of Adjustment approved the
severance application on May 28, 2002 with a condition for the road redesign. Therefore, the zoning
amendment for the cabin land is not necessary and Falls Manor has withdrawn the application.
Future Recreational Trail Alignment
The City has an easement which is 30 feet (9.1 metres) in width over the southwest section of the
subject land for recreational trail use (see Schedule 4). These rights were acquired in 1997 when the
section of Ontario Hydro's "Mitchell Line" north of Clare Crescent was sold to Falls Manor. The
Mitchell Line is a corridor of surplus hydro land that continues southeast from the site to the McLeod
Road/Ailanthus Avenue area. The City is pursuing the possible purchase of these lands or a
recreational licence to construct a trail as identified in the Trails & Bikeways Master Plan. The
subdivision site provides the linkage from the hydro canal to the future trail to the south. The
easement was established in the absence of any development proposals on the land. The north
portion of a significant tree bordering the property is located within the easement area.
June 17, 2002 - 4 - PD-2002-48
From an urban development perspective, the easement limits the lot depth and reduces the size of
private rear yard amenity areas for some of the proposed lots. The developer indicates safety
concerns for the easement trail in part due to lack of visibility from the public road. As an
alternative, the developer proposes the future trail be located between Lots 3 & 4 and along the east
side of the internal road adjacent to Brookfield Avenue properties. The five abutting residents on
Bmokfield Avenue object to this alignment. The City's Trails & Bikeways Committee prefers the
existing easement area for the trail since there would be no road or driveway crossings within the
plan. The easement exceeds 5% of the site area for which the City would be entitled to under the
Planning Act for parkland dedication. The municipality would have to pay the developer for this
over-contribution of parkland.
At the most recent neighbourhood meeting, the developer and residents reached a compromise for
the trail location that is acceptable to Parks, Recreation & Culture staff. The negotiated solution is
for the trail to mn between Lots 3 & 4, continue on the west side of the subdivision street and within
Block 14 to Clare Crescent as shown onSchedule 4. This route would cross only three driveways
of the future dwellings. The alignment achieves the goals to establish this trail section with a safe
design, and provide a good lot configuration that benefits from the added rear yard depth. Blocks
14 & 16 are to be taken as parkland dedication and equal approximately 5% of the land area. As part
of the agreement, the developer is to construct the trail within the subdivision (currently the City has
no funds for such construction), provide landscaping and safety measures, and excavate a trail area
on hydro canal land (if approval is obtained). A specific recommendation is included in the report
authorizing the release of the existing easement at the plan registration stage.
Protection of the Red Oak Tree
Along the boundary of proposed Lot 1 and the abutting property to the south (6187 Clare Crescent)
there is a large red oak tree estimated to be 200 - 300 years old and in good health. All parties agree
that the protection of the tree is important. If the proposed trail is relocated from the easement area
that includes a portion of the tree, additional protection measures are necessary. The protection and
maintenance of the tree could be easier if it were not under split ownership. The possibility of a land
transfer from the developer to the abutting homeowner was examined, but the extent of land needed
to adequately protect the tree yet maintain the desired new building lot size could not be resolved.
Furthermore, the increased width of Lot 1 has value to the future property owner in terms of open
space. The City would not consider the purchase of the area surrounding the tree on LOt 1 due to its
small size and that the land contains only half of the tree. Several large coniferous trees exist on the
site that are too large for transplant, but these are encouraged for preservation where possible.
The key to protecting the red oak tree is to minimize impacts on the root system within the dripline
(spread of the branches). The tree consultant engaged by the developer indicates a dripline of
approximately 20 feet (6.1 metres) extending north into LOt 1, whereas the abutting landowner's tree
consultant estimates a distance of 40 feet (12.2 metres) for protection. City forestry staffconducted
field measurements of the dripline which varies around the tree and indicate an average of 25 feet
(7.62 metres) from the tree trunk for protection - 27 feet (8.23 metres) from the centre of the
tree/property line. This dimension is generally shown on Schedule 4. Staff recommend a detailed
protection plan and maintenance program. The plan would include requirements for stump grinding
in the area rather than excavation, fertilization, dead branch trimming, fencing of the protection area
during construction, hand tools for grading and adding limited topsoil. This protection setback
around the tree will be implemented through a zoning by-law amendment with detailed provisions
June 17, 2002 - 5 - PD-2002-48
to be determined through the review process. Through such conditions of approval, special
protection measures will be in place for the north portion of the tree. There are no restrictions on
the south side of the tree at 6187 Clare Crescent to keep structures outside of the 27 foot average
dripline dimension. The abutting landowner should consider the same zoning and tree preservation
plan to better ensure the integrity of the tree.
The issue was also referred to LACAC regarding the potential heritage designation of the tree. The
City has designated two trees (both on public property) with specific historical significance
represented or associated with each tree. The red oak on this site is old and a good specimen, but
it has no apparent historical significance. Staffis investigating an appropriate recognition of the tree
through the Ontario Forestry Association's "Honour Roll of Ontario Trees" program.
Emergency Access
The Official Plan includes a policy that internal streets terminating in a cul-de-sac shall not normally
extend beyond 150 metres (492 feet). The length of the proposed street bom Clare Crescent to the
temporary turning circle bulb is approximately 290 metres (950 feet) which could be extended
further north in the future. Longer roadways with a single access point raise emergency response
concerns. However, there are existing constraints with infill development sites. In this case, the
proposed road would only serve a limited number of residential dwellings on one side of the street.
Emergency access issues should be adequately addressed through pavement design and boulevard
width, water supply system, hydrant locations and vehicle parking restrictions. The temporary
turnaround area will allow fire trucks to exit the site without reversing or making a 3-point turn. In
addition, the walkway block could possibly provide a secondary access in an emergency situation.
Regional Comments
Standard conditions for servicing have been requested by the Regional Public Works Department
to allow development of this subdivision. The Regional Planning Department has reviewed the
proposal with regard to the Regional Policy Plan and also Provincial policies. The Region notes that
given the large lot sizes in the plan, the development is unlikely to contribute to the supply of
affordable housing in the community. In addition, the plan layout is not the most efficient with a
single-sided roadway, but the shape and location of the site influence the design. "Smart Growth"
objectives would suggest smaller lot sizes or a townhouse use, but the Region recognizes the lotting
is consistent with the surrounding land use pattern. Ministry of Environment guidelines require a
noise study to detemfine if mitigation measures are needed regarding the QEW to the west.
Agency Comments
Canada Post has indicated that the existing door-to-door delivery provided for the neighbourhood
homes will be extended for the subdivision. The developer will be required to enter into separate
agreements with several utility companies.
CONCLUSION:
There have been numerous meetings to resolve the major issues regarding the cabin land, trail and
tree protection associated with this application. The Brookfield Court Draft Plan of Subdivision is
an appropriate development of the site. The application complies with the policies of the Official
June 17, 2002 - 6 - PD-2002-48
Plan and the land is zoned for residential use. The single-detached dwellings and subdivision design
should be compatible with the surrounding uses. The required conditions of approval are listed in
the Appendix.
Prepared by:
Richard Wilson
Planner 2
Recommended by:
Doug Darbyson
Director ofPlauning & Development
Respectfully submitted: ~,~
Chief Administrative Officer
Approved by:
Tony Ravenda
Executive Director of Corporate Services
RW:gd
Attach.
FILE: SSPDR~2002~PD2002-48, Brookfield Ct. Subdivision.wpd
June 17, 2002 - 7 - PD-2002-48
APPENDIX
Conditions for Draft Plan Approval
Approval applies to the Brookfield Court Draft Plan of Subdivision prepared by Matthews,
Cameron, Heywood - Kerry T. Howe Surveying Ltd., revised June 12, 2002, showing 13 lots
for single-detached dwellings, Block 16 for a walkway, 3 blocks for a temporary turning circle
and Block 14 (undevelopable/walkway).
The developer enter into a registered Subdivision Agreement with the City to satisfy all
requirements, financial and otherwise, related to the development of the land. Note: Should any
other body wish to have its conditions included in the Subdivision Agreement, they may be
required to become party to the Subdivision Agreement for the purpose of enforcing such
conditions.
The developer submit a Solicitor's Certificate of Ownership for the subdivision land to the City
Solicitor prior to the preparation of the Subdivision Agreement.
The subdivision be designed and constructed in accordance with the City's Subdivision Policy
which, in part, includes the following:
a) roadway pavement width to municipal requirements;
b) dedication of the road allowance to the City as public highway and the street named to the
City's satisfaction;
c) provision of water distribution, sanitary sewer and stoim sewer systems including a major
and minor storm sewer design concept;
d) provision of an overland stomtwater flow route; and
e) application of the City's Lot Grading and Drainage Policy.
The developer dedicate a 0.3 metre (1 foot) reserve to the City along the east and north limit of
the proposed street to preclude access from abutting properties.
o
The developer design and construct the water supply system and pavement radius on the cul-de-
sac bulb to the satisfaction of Fire Services.
The developer submit a legal undertaking to the Municipal Works Division - Traffic & Parking
Services agreeing to restrict parking on the roadway in the plan, which will be implemented
through municipal by-law after plan registration.
The developer pay the Development Charges in force at the time of execution of the
Subdivision Agreement.
The developer grant the City and Public Utilities any easements required to service the
subdivision.
10.
The City release the recreational trail easement over Parts 2 & 3, Reference Plan 59R-9719,
registered as Instrument Number 719536, at the time of subdivision plan registration.
June 17, 2002 - 8 - PD-2002-48
11. The developer dedicate Blocks 14 & 16 to the City as the parkland requirement.
12.
The developer prepare and implement a landscape plan (including trail construction and
fencing) to the satisfaction of the Director of Parks, Recreation & Culture, for the recreational
trail within Blocks 14 & 16, and in the road allowance in front of Lots 1 to 3. The trail design
shall include a crosswalk treatment on Clare Crescent, bollards and other safety features.
13.
Subject to the authorization of Ontario Power Generation Inc., the developer excavate an area
(as approved by the City) for a future recreational trail on hydro land fxom Block 16 to Lundy's
Lane.
14.
The developer receive final approval from the City to a zoning by-law amendment to provide
special protection measures on Lot 1 within the plan surrounding the Red Oak tree located at
the south limit of the site, and clauses regarding the tree protection measures be included in the
subdivision agreement and all offers of purchase and sale for Lot 1.
15.
The developer prepare and implement a tree preservation plan for the Red Oak tree at the south
boundary of LOt 1 to the satisfaction of the Director of Parks, Recreation & Culture.
16. The developer provide boulevard trees in accordance with City policy.
17.
The developer provide three calculated plans prepared by an Ontario Land Surveyor and a letter
to Planning & Development confirming that all lots comply with the Zoning By-law.
18.
The developer provide six copies of the pre-registration plan to Planning & Development and
a letter stating how all the conditions imposed have been or are to be fulfilled.
19.
The detailed design drawings for the water, sanitary sewer and storm sewer facilities for this
plan be submitted to the Regional Public Works Department for review and approval.
20.
The developer obtain Ministry of Environment Certificates of Approval to the satisfaction of
the Regional Public Works Department for the necessary servicing for this development.
21.
The turning radius design for the proposed cul-de-sac bulb comply with the Region's policy for
collection of waste.
22.
The developer submit a detailed noise impact study, conducted by a qualified professional
engineer, to the Regional Planning and Development Department for review and approval,
assessing the impact of transportation noise from the Queen Elizabeth Highway on the
subdivision and recommending appropriate measures to reduce noise levels within the
development in accordance with the Ministry of Environment's noise criteria.
23.
The subdivision agreement between the developer and the City of Niagara Falls contain
provisions whereby the developer agrees to implement the approved noise control measures
required in accordance with Condition 22.
June 17, 2002 - 9 - PD-2002-48
24.
Immediately following notice of draft plan approval, the developer submit a letter to the
Regional Planning Department acknowledging that draft approval is not a commitment of
servicing allocation by the Region as this servicing allocation, if available, will be assigned at
the time of final approval of the subdivision for registration.
25.
Immediately following notice of draft plan approval, the developer provide the Regional
Planning Department with a written undertaking that all offers and agreements of purchase and
sale which may be negotiated prior to registration of this subdivision shall contain a clause
clearly indicating that a servicing allocation for this subdivision will not be assigned until the
plan is granted final approval for registration, and a similar clause be inserted in the subdivision
agreement between the developer and the City.
Clearance of Conditions
Prior to granting approval to the final plan, Planning & Development requires written notice from
applicable City departments and the following agencies indicating that their respective conditions have
been satisfied:
Regional Niagara Public Works Department for Conditions 19, 20 and 21
Regional Niagara Planning and Development Department for Conditions 22, 23, 24 and 25
SCHEDULE 1
Proposed Plan of Subdivision &
Zoning By-law Amendment Application
Brookfield Court 26T-11-2002-02
Falls Manor Motel AM-10/2002
Subject Land
26T- 11-2002-02 Subdivision
AM- 10/2002 Cabin Lands
I :NTS
LOT ~48
I
Nil
P~
j
~' ~ ~2_' ~_'1:~,~' ~2'~ " " ' ' ''
; '~ , [ , r- ~ ' % ~ I I , I , .-~[ I ,I,
I
I
, I I
T ,, 9 J I I 46 ~ ~5 J 44 I 43 J ~2 J 41 I 40 ~9 , 38 I 37 ~6 , 35 I 34 , 33 I J2 131 I 30 I
I I I , I ~ I ,I I I
~ ~I'~ I ~ I ' ' ' ' ' ' ' ' '
I
P~ J ~149 , I ' I ' I ' ' ' ' ' ' '
' ' ,
BROOK~ A~NUE
SCHEDULE 3
LUNDY'S LANE
CITY OF NIAGARA FALLS
_-4 ........ ,~--- 0
~ 0
' L
x
CLARE AVENUE
MEll~IC:
SKETCH FOR REZONING PURPOSES ONLY
PART OF STAMFORD TOWNSHIP
LOTS 141 & 148
CITY OF NIAGARA FALLS
REGIONAL MUNICIPALITY OF NIAGARA
2002
8008 08:§§:~0 g8 aeM uoM 6Mp'auozaJOS~gE\80¢ 08Z§E\sOo!\:9
SCHEDULE 4
Easement Area
Tree Protection
Negotiated
Trail Alignment
-7
LrJ
27.50
19'30'~'E 30.79
CLARE CRESCE
N T (B, pLAN M-9)
June 11th, 2002
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, it is no longer necessary to continue with the above
noted application and we would therefore request a withdrawal of the application. Any
refund regarding expenses not incurred by the City as a result of this withdrawal would
be appreciated. Thank you.
REC'EIVED
JUN 1 22002
Rick and Linda Volpitti
6187 Clare Crescent
Niagara Fallg, Ont.
L2G 2C9
May 27', 2002
Daniel, Black,, Hilt, Tiidns, Delomnzo
Shedden, Donohue & Sheppard :LLP
Bmriste~s & Solicitors
P.O. Box No. 24022
St Cath,ui,es, Ontario
L2R 7P7
Attention: Catlum Shedden
RE: Brookfield Court - Dmf~ Plan of Subdivision
26T-11-2002-02
Dear Sir.
Upon receiving a copy of your memo on May 22~, 2002, regarding the above referenced
matter, we felt compelled to respond for the record.
Although, we agree that it was unfortunate that we did not have representation at the May
21st meeting with the developer and City staff, it was not a matter of choice on the
neighbourhood's part Firstly, we were given short notice, one business day prior to a long
weekend and, therefore, we had insufficient time to assemble the appropriate representatiom
Secondly, it is common pract~ for developers to inform City staff and the neighbourhood what
information wilt be discussed at the intended meeting, thus, allowing all parties to formulate
their reslxmses and to provide a betlm' opportunity to find common ground. You may recall
when Mr. Barker requested the first meeting with your client that various alternatives were
provided to you well in advance of the meeting
We understand that your client is anxious to meet with all parties to resolve these issues
since "any additional delays wilt be extremely prejudicial to the development", but, the
developer has been aware of these issues since February of this year. It is truly unfommate that
the developer has chosen to unilateialty deal with the issues to date even though it was suggested
to him by City staffto discuss these matters with the neighbourhcod representatives months ago.
We are pleased to have the opportunity to read your client's current proposal in writing,
as we now have a definite sense of what we need to consider prior to fommtating a response. As
you are aware the Council meeting that was intended to deal with this application has been
deferred to June tTth allowing everyone time to respond to the issues.
& DEvELOg NT
We will not ad&ess the developer's response W the issues in this letter as the futura
meeting with City staff will prov/dc the appropriate forum to accomplish this. It is our hope
that your client will consider con, tractive attc,,atives to resolve the outstanding matte,s to the
satisfaction of the entire community. We look forward to the opportunity to d/scuss these
matl~,-s further.
cc. BLS Pluaming- Mr. Glen Barker
Mr. Doug Darbyson-City Hall
BLS Planning
Associates
May 21, 2002
Mr. Doug Darbyson
Director of Planning and Development
4310 Queen Street, P.O. Box 1023
Niagara Falls, Ontario
L2E 6X5
Dear Mr. Darbyson:
BROOKFIELD ESTATES
ATTENDANCE AT COUNCIL
Please be advised that due to previous commitments (i.e. attendance at Lincoln Planning
and Development Committee respecting three matters) I will not be able to attend the
May 27th meeting of Niagara Falls Council. As a result, it is respectfully requested that
Council defer consideration of your Staff Report if it was to be placed before Council for
this forthcoming Monday.
Should you require further information or clarification, please do not hesitate to contact
me.
Yours truly,
BLS PLANNING ASSOCIATES
~i~IP' ReP cc: R. Volpini
Better Land Use Solutions
3215 North Service Road 1 St. Paul Street, Phase 1
Box 220, Burlington, ON L7R 3Y2 2nd Floor, St. Catharines,
Tel: (905) 335-1121 Tel: (905) 688-1130
Fax: (905) 335-1414 Fax: (905) 688-5893
E-mail: planning@blsplanning.on.ca
RECEIVED
2 200
:R 7L2
6245 Clare Crescent
Niagara Falls, Ontario
L2G 2C9
May 20, 2002
City of Niagara Falls,
4310 Queen Street,
Box 1023,
Niagara Falls, Ontario
L2E 6X5
Attention: Planning Development Department
Re: Brookfield Court
Gentlemen:
We are concerned about the proposed Brookfield Court development and the effect it
might have on the sanitary sewers below on Clare Crescent. In past years we have
experienced flooding in our basement several times. We are concerned that with 13 more
homes connected to the same sewer system, there may be an overload, and in some
circumstances our basement could flood again.
We wish to be on record of advising you of our concerns in the event that this
subdivision goes through and the situation we described occurs.
Copy: City Engineer
Yours truly,
Walter W. Field
Field
RECEIVED
HAY 2 3 20fl2.
From:
Date:
SubJect:
Line Bike Trail
JJ~. Planning J
Flle:~rU.~ I VI..( t OY~
<jwfield@htn.net>
Sun, Mar 24, 2002 12:33 PM
CITY OF NIAGARA FALLS WWW - Proposed Brookfield Court Subdivision & Mitchell
Received From the City of Niagara Falls WebSite:
Date and Time Stamp:
Sunday, March 24, 2002 at 12:31:40 (EST)
Visitor's Email Address:
jwfield@htn.net
The following are the recipients of this emaih
bdd@city, niagarafalls .on .ca ....
URL Visited:
http://www, city.niagarafalls.on.ca/help/
CommentJRequest made:
My husband and I own the home at 6245 Clara Crescent. This home was built by my parents in 1953,
because of the privacy and quiet neighbourhood. We have no objection to the new subdivision, but have
been informed that the developer wants the bike trail changed from the Hydro right of way now planned to
behind all the homes backing on the canal, down to the Hydro right of way at McMillan Dr. Most of these
homes have been built 49-50 years ago, have paid taxes all these years, and most are now quite valuable.
If the bike trail route is changed to along the canal, it will open up more problems for the homeowners
thera. There is no access for police patrolling, and over the years there have been many break-ins of
homes, almost all from the canal side. In our own case, the hydro fence was cut several years ago in
preparation for a break-in, and this was fairly common. We reported the fence cutting, and it was
repaired. We can see no reason why 13 new homes in the district!
, (most of which will be of lesser value than the already established homes) should be considered more
important than maintaining the safety of the established homes. We feel that the bike trail should stick to
the already decided Hydro right of way from Lundy's Lane, through to Dorchester Rd.
Would you please give a copy of this message to Mayor Wayne Thomson, Alderman Janice Wing, and
Alderman Klm Craitor, and to the Planning Department.
Thank you
Walter W. Field and Joan E. Field
RECEIVED
HAR 2 5 2002
PLANNING
& DEVELOPMENT
11:47 FAX 1 905 688 5747 DANIEL PARTNERS
~OOl/OOZ
DANIEL, BLACK, HILL 11mDUS, DeLORENZO,
SHEDDEN, DONOHUE SHEPPARD LLP
The Dom'talon Buildirl~ 39 Queen St., S~. Calharine~, Ontario
Telednone: 905 688-941 ! Fax: 905 688-572-5
Canada LIP..
E-mm4~
BY FAX - 356-2354'
The CRy of Niagara Falls
Planning ez Development
4310 Queen Street, Box 1023
Niagara Falls, Ontario
L2E 6X5
ATTENTION; RICHARD WILSON
Dear Sir:
BROOI<FIELD COURT - DRAFT PLAN OF SUBDIVISION
FILE 26T- ! 1..2002-02
REOEIVED
22OO2
I am writing this letter to confirm the Developer's positions with respect to the matters discussed at
the meeting between the Developer and City Staff held on May 2 I, 2002.
To protect the integrity of the large u'ee located on the boundary between Lot I and the
property owned by Rick Volpini, the Developer is agreeable to having a 20 foot setback from
the southerly boundary of Lot I within which area no construction can take place. This 20
foot setback could be accomplished by establishing a 'no build" zone in this area widdn the
Subdividers Agreement. The 20 foot setback was determined in accordance with the report
prepared by the arbodst obtained by the Developer and will provide sufficient protecrJon for
the tree.
The Developer's preferred Iocadon of the trail is between Lots 3 and 4 on the draft plan of
subdivision as shown on the plan provided at the meeting. The trail would run along the
easterf~ side of the new street. The existing easement for trail purposes in favour of the ClOy
of Niagara Falls would be released by the City. The Developer would construct the trail to
City standards within the bounds of the Plan of Subdivision and transfer the necessary lands
between Lots 3 and 4 to the City of Niagara Fails in satisfaction of the cash in lieu of paddand
dedication as required by the Planning Act. As previously agreed~ the Developer would also
provid, e the excavation for the trail on the Hydro lands provided that the City has obtained
~,~vvz A1:47 FAX ! 905 688 $747 DANIEL PA]~TN]gRS
~]002/00£
permission from Hydro to do so at the time the Subdivision is serviced. Further, the
Developer will pay for the Installation (including materials) of a standard chain link fence along
the easterly limits of the Subdidsion to the most northerly extent of.the trail which terminates
at the mid-point of Lot 42 on Plan 196. So there is no misunderstanding in this regard~ the
Developer's commitments with respect to construction of the ~rall and the installation of the
chain link fence is based on the relocation of the trail between Lots 3 and 4 on the Draft Plan
of Subdivision.
The turning circle at the end of the street will be designed and constructed to ~zy standards.
As a result of the shortened Lot depth 'for Lots 12 and 13, the front yard setback
requirements for Lots 10, ! I, 12 and 13 will be adjusted so as to present a more pleasing
~u'eet scape.
it is unfortunate that the residents and their planning representative chose not to attend tiffs meeting.
The Developer certainly appredated this opportunity to once again meet with Clty Staff in an attempt
m resolve the outstanding Issues rehdng w the Development. The Developer requires this matter to
proceed at the Council meeting of Flay 27, 2002, as any additional delays will be extremely
prejudlcbl to the development. I understand that the residents' planning representative, Glenn Barker
is unavailable far the meeting on May 27, 2002, due to commitments elsewhere. I would suggest
that another member of BLS PlannlngAssodates could certainly attend and make representations on
behalf of the residents with respect to th~ matter should this be deemed necessary.
Yours very
DANIEL~ BLACI~ HILL
C, ailum Shedden
CS/ag
cc: Mr. J. Cuvielio
cc: BLS Planning Associates
NIA~°~A
Scanned
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 ..
May 8,2002
D.11 .M.11.24
Mr. Doug Darbyson, MCIP, RPP
Director of Planning & Development
City of Niagara Falls
4310 Queen Street
P.O. Box 1023
Niagara Falls, ON L2E6X5
Dear Mr. Darbyson:
Re:
R E,CE I V E D
NAY 142002
Brookfield Court Plan of Subdivision
File: 26T-11-2002-02
Cuviello Construction Limited (In Trust)
North Side of Clare Crescent, West of Brookfield Avenue and
South of Lundys lane
City of NiaRara Falls
Regional Planning Staff has reviewed the Brookfield Court plan of subdivision which
proposes the creation of 13 single detached residential lots on 1.712 hectares (4.23
acres) of land. A recent consent application (B 9/2002) to create this parcel was
deferred by the Committee of Adjustment to permit further public input through the
current subdivision process.
Re.qional Planning
The proposed subdivision is within the Urban Area Boundary for the City of Niagara
Falls according to the Regional Policy Plan and designated "Residential" in the City's
Official Plan. The pdmary responsibility for allocating specific land uses and densities
generally rests with the local municipality. However, the Region does have an interest
in ensuring that an adequate supply of affordable housing is maintained and that land
and services are used efficiently. The Region's current Smart Growth strategy includes
these and other related approaches intended to secure sustainable communities across
Niagara.
The proposed subdivision is recognized as an infill development and meets the general
intent of the Regional Policy Plan. However, it does not appear to make the most
efficient use of these lands or services for several reasons which the City may wish to
consider in its review of this application. This is partly due to the shape and isolated
nature of the site. The proposed single detached dwelling lots meet the current
2
zoning applicable to the property and are consistent with the established land use
pattern of the surrounding neighbourhood. It might be more desirable, however, to
increase the residential density through the provision of more compact forms of housing
(e.g. smaller single lots). The proposed road will form a long cul-de, sac that will only
serve a single row of new lots. This street will be located directly behind existing
dwellings along Brookfield Avenue that will become through lots. The provision of a
public road in this location does not appear to make the most efficient use of municipal
services, may have an adverse impact on adjacent properties (i.e. street lighting, traffic)
and could lead to problems or additional costs to the municipality for maintenance (i.e.
isolated boulevard on east side and Block 14).
Some of these issues could be resolved by moving the road to the west side of the
property, along the hydro canal lands. This would allow street lighting to serve a dual
purpose for vehicular traffic on the new street and pedestrian traffic on the future trail to
be built along the hydro corridor. An existing municipal easement for the future trail
system could be incorporated into the streetscape design and into a small block toward
the southwest comer of the site that could be dedicated as parkland/open space. If
necessary, increased building setbacks and restricted building heights (i.e. one storey)
could be imposed on new homes adjacent to existing dwellings to increase the level of
compatibility.
The Region's Tree Conservation By-law does not apply to this development. However,
there are several mature trees that should be preserved, if possible.
Full municipal services are available for this development. A servicing allocation will be
addressed at the time of final approval for the plan of subdivision. Standard conditions
of draft plan approval in this regard have been included in the attached appendix.
Re.qional Public Works
Regional Public Works staff has no objection to draft plan approval subject to several
conditions. Detailed servicing plans will be required to be submitted for review by
Regional Public Works under the Ministry of the Environment's transfer of Review
Program. The turning radius design for the proposed road must have a minimum radius
of 12.8 metres to allow waste collection vehicles to safely turn around at the end of the
cul-de-sac. Specific comments from Regional Public Works are attached and their
conditions have been included in the attached appendix.
PROVINCIAL REVIEW
To address Planning Act requirements, the Region and other agencies must have
regard to Provincial policy requirements. Regional Planning staff has reviewed the
Brookfield Court plan of subdivision in light of Provincial policy and has the following
comments:
Affordable Housin.q
Policy 1.2.1 encourages the provision of housing forms and densities designed to be
affordable to moderate and lower income households. The applicant has not provided
any information on estimated house prices to address the level of affordability that can
be expected for this subdivision. Considering the large size of the proposed single
detached dwelling lots, which range from 699 sq.m. (7,524 sq.ft.) to 1,358 sq.m. (14,618
sq.ft.), it is unlikely that there will be affordable housing opportunities provided in the
proposed subdivision. However, this is a small development and it is recognized that
affordable housing objectives may not be achievable in all proposed subdivisions. It is
also recognized that there are other locations in the City that can provide the
opportunity for affordable housing.
Ministry of the Environment
i) Land Use Compatibility
Regional Planning staff are not aware of any site contamination or incompatible land
use that would have an adverse effect on the proposed residential development relative
to Ministry of the Environment (MOE) guidelines.
The site is situated approximately 300 metres from the Queen Elizabeth Highway
(QEW). There is a mature woodlot situated between the QEW and the proposed
subdivision that may reduce noise levels to some degree. However, there are no
existing intervening buildings or barriers along the highway to substantially reduce traffic
noise. ^ noise study, therefore, should be required in accordance with Ministry of the
Environment guidelines to assess existing conditions and determine any necessary
mitigation measures.
ii) Sewage and Water Systems
Full municipal sewage and water services will be provided for the development.
Servicing capacity will be addressed as conditions of draft plan approval. Servicing
plans will be required to be reviewed by the Regional Public Works Department under
the MOE Transfer of Review Program.
ii) Stormwater Management
Stormwater drainage and lot grading plans can be designed to adequately handle
ovedand flows to the satisfaction of the City. The application indicates that the hydro
canal will likely be used as a stormwater outlet. This will require permission and
approval from Ontario Power Generation and approval from the Ministry of the
Environment.
Ministry of Natural Resources
The site does not contain any natural heritage features and is not subject to any natural
hazards.
Ministry of Tourism, Culture and Recreation
The Ministry of Tourism, Culture and Recreation data does not indicate that the property
displays any potential for the discovery of archaeological resources.
Conclusion
Although it would be desirable to consider alternative design and development
standards to make more efficient use of these lands and revise the layout of this
subdivision accordingly, it is also recognized that the proposed development generally
reflects the prevailing land use pattern of the adjacent older residential neighbourhood.
Regional Planning staff is not opposed to draft approval of the Brookfield Court plan of
subdivision, from a Regional and Provincial planning perspective, subject to the
conditions of draft plan approval set out in the attached Appendix 1.
If you have any questions concerning these comments or conditions, please contact
Peter Colosimo, Planner for assistance.
Please send notice of the City's decision on this application.
Yours trpJy, .
~' David J. Fa ey ~
Director of Planning Se~ices
/
Attachments: Appendix 1 (Conditions of Draft Approval)
Appendix 2 (Comments from Regional Public Works)
Co
Mr. J. Cuviello, c/o Cuviello Construction Ltd., 6083 Andrea Dr., Niagara Falls, Ont., L2H 2V9
Ms. B. Ryter, Ministry of the Environment, Hamilton
Mr. W. Stevens, Regional Public Works
APPENDIX 1
Conditions of Draft Approval
Brookfield Court
City of Niagara Falls
26T- 11 - 2002- 02
1. That the owner acknowledge promptly to the Regional Planning and Development
Department that the draft approval of this subdivision does not include a commitment
of servicing allocation by the Regional Municipality of Niagara. Servicing allocation
will be assigned instead at the time of final approval of this subdivision for registration
purposes, and a similar clause be inserted in the subdivision agreement between the
owner and the City of Niagara Falls.
2. That immediately following notice of draft plan approval, the owner shall provide the
Regional Planning and Development Department with a written undertaking that all
offers and agreements of purchase and sale which may be negotiated prior to
registration of this subdivision shall contain a clause clearly indicating that a servicing
allocation for this subdivision will not be assigned until the plan is granted final
approval for registration.
3. That the detailed design drawings for the water, sanitary sewer and storm sewer
facilities to service this development be submitted to the Regional Public Works
Department for review and approval.
4. That Ministry of the Environment Certificates of Approval be obtained for the
necessary servicing (water, sanitary sewer and sto-,water drainage) for this
development prior to final approval for registration.
5. That the turning radius design for the proposed street comply with the Regional
Municipality of Niagara's policy for the "Collection of Waste By Way of Entry on
Private Property".
6. That the owner submit a detailed noise impact study, to be conducted by a qualified
professional engineer, to the Regional Planning and Development Department for
review and approval assessing the impact of transportation noise from the Queen
Elizabeth Highway on the subdivision and recommending appropriate measures to
reduce noise levels within the development in accordance with the Ministry of the
Environment's noise criteria.
7. That the subdivison agreement between the owner and the City of Niagara Falls
contain provisions whereby the owner agrees to implement the approved noise control
measures required in accordance with Condition 6.
6
Clearance of Conditions
Prior to granting final plan approval, the City of Niagara Falls must be in receipt of
written confirmation from the following agencies that their respective
requirements have been met satisfactorily:
· Regional Niagara Planning for Conditions 1, 2, 6 and 7.
· Regional Public Works for Conditions 3, 4 and 5.
Subdivision Agreement
Prior to registration, a copy of the executed subdivision agreement for the proposed
development should be submitted to the Regional Planning Department for verification
that the appropriate clause(s) pertaining to any of these conditions of approval have
been included.
NIA~A
DATE:
TO:
FROM:
SUBJECT:
THE REGIONAL MUNICIPALITY OF NIAGARA
March 12, 2002
Peter Colosimo, Planner
Planning and Development Department
William J. Stevens, C.E.T.
Development & Approvals Manager
Draft Plan of Subdivision
Applicant: Cuviello Construction Ltd. (In Trus0
Owner: Joe Cuviello
Proposal: Brookfield Court Subdivision (26T-11-2002-02)
Location: Brookfield Avenue and Clare Crescent (Lots 141 and 148)
In the City of Niagara Falls
Our File: D.11.000 (ID#1002)
Regional Niagara Public Works Department has reviewed the above-referenced draft plan of
subdivision and provide the following comments:
1) Sanitary and Water Services
The plan does not indicate the location of the water or sanitary services. Therefore, we
are unable to assess the downstream impact, if any.
It is recommended that the City of Niagara Falls allocate water and sewer capacity to
the subject lands concurrently with approval of the draft plan of subdivision.
We would anticipate that servicing for the subdivision will require MOE approval. In
this regard, a detailed set of servicing plans will be required to be reviewed by the
Public Works Department under the MOE Transfer of Review Program.
2) Storm Drainage
As noted in the application, a Stormwater Plan for the overall site will be provided in
due course.
Although storm drainage is essentially a local issue, we would note that any stormwater
management scheme intended to provide quality enhancement/quality control to a
receiving stream/body of water or sewer will require the direct approval of the MOE
(Toronto).
Peter Colosimo, Planner
Planning and Development Department
March 11, 2002
Page 2
3)
Curbside Collection of Waste
This draft plan for the subdivision should address the matter of the turning radius
design (minimum 12.8 m radius) with respect to conforming to the policy for providing
an acceptable turn-a-round for refuse collection vehicles, if municipal collection of
household refuse is expected. This is outlined in The Regional Municipality of
Niagara's "Collection of Waste By Way of Entry on Private Property" Policy
(PW2.W07). Copies of the above referenced policy may be obtained from the Waste
Management Services Division, Public Works Department, 2201 St. David's Road,
Thorold.
In conclusion, we have no objection to this plan being approved provided this developer is
forewarned that draft approval does not include a commitment of servicing allocation, but will
be assigned at the time of final approval/registration and any pre-servicing, which may be
undertaken, will be at the sole risk of the developer.
-Willl~/Stevehs~, C.E.T.
Development & Approvals Manager
Public Works Department
Operational Support Services Division
VD/cm
L:\Engineering-Planning-and-Dev¢lopmcnt',Dopke-Vic\Niagara Falls\CORRESPONDENCE 2002\7056.p.colo$imo.memo.doc
wo Niagara
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488745 ONTARIO LIMITED
[.tPlanning
Scanned
File:
6083 Andrea Drive, Niagara Falls, Ontario L2H 2Z8 * Telephone: (905) 356-8686 · Fax: (905) 356-8731
May 104, 2002
City of Niagara Falls
Building and Planning Departments
4310 Queen Street
NIAGARA FALLS, Ontario
L2E 6X5
Attention: IVY. 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,
488745 ONTARIO LIMITF)I~ ./~
i~ Ii I ] I , ,, ~,
ReOE,vEDI
May 10, 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.
rs tr~ ~,
J~ ! Na~
,E c -IVED
BLS P. lanning
Associates
April 10, 2002
Mr. Doug Darbyson
Director of Planning and Development
Corporate Services Department
City of Niagara Falls
4310 Queen Street, P.O. Box 1023
Niagara Falls, Ontario
L2E 6X5
Dear Mr. Darbyson:
BROOKFIELD COURT DRAFT PLAN OF SUBDIVISION
PUBLIC MEETING SUBMISSIONS
At the March 18, 2002 Public Meeting presentation was made to members of Niagara
Falls Council respecting a number of issues that the residents of the Brookfield/Clare
Neighbourhood have respecting the above noted draft plan of subdivision. Particularly,
trail location, the preservation of the oak tree, and the design of the subdivision relative to
the northerly located lands of Mr. Nagy.
To assist in your review, and provision of recommendations to your Council I have
appended hereto "red line revisions" to the Brookfield Court draft plan submission which
alternatives address our concerns.
We would welcome the opportunity to sit down with Municipal Staff and the applicant in
an attempt to obtain resolve of the various issues associated with the proposed plan of
subdivision.
Looking forward to your response.
BLS PLANNING ASSOCIATES
Glen Barker, MCIP
Director
RECeiVED
APR 1 2002
& DEVELO ?,'''''
cc:
B. Bolibruck
C. Shedden
R. Volpini
Better Land Use Solutions
3215 North Service Road 1 St. Paul Street, Phase 1
Box 220, Burlington, ON [7R 3Y2 2nd Floor, St. Catharines, ON L2R 7L2
Tel: (905) 335-1121 Tel: (905) 688-1130
Fax: (905) 335-1414 Fax: (905) 688-5893
E-maih planning@btsplanning.on.ca
H. £. P. C. ~
TOIYAtTH/P g
LANDS
Brookfield Court Subdivision
~ROOKFI ELD
AVENUE
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PLAN ~/ 154
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PLAN ' I
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II {BROOKFIELD AVENUE
April 7, 2002
Mrs. Mary Gizzie
5997 Brookfield Avenue
Niagara Falls, Ontario
L6H 359
~ .Scanned
Mr. Doug Darbyson MCIP RPP
Director of Planning and Development
City of Niagara Falls,
4310 Quccn St.
Niagara Falls, Ontado
L2E 6X5
Dear Mr. Darbyson,
Re: Brookfield Court Subdivision
Our family is writing this letter on behalf of my mother Mary. These
comments not only represent her views, but our's as well.
The Gizzie family has lived on Brooldield Avenue for over 48 years. Over
the decades we have seen the neighbourhood develop to become a fine family
community. We believe that to preserve the nature of this community not only
serves the purpose of its residents, but of the City as a whole.
The subdivision project as presented has both good points and flaws. The
good aspects are to be commended as we believe that they could be amended
to preserve the "essence' of this community. The flaws, however, need to be
addressed, as if they are not corrected, we sincerely believe this neighbourhood
will be permanently altered, and not in a positive way.
In order to prevent what we believe to be the diminishing of this
community, we ask that you consider the following two factors in your ultimate
approval of this subdivision development.
To ensure that the roadway being built from Clare Cres. not be
dead-ended at the north end of the subdivision (Lots 12 and 13)
by the construction of a residence(s) abutting onto Mr. Nagy's
property.
Our reasons are as follows:
RECEIVED
APR 1 0 20~2
As you are aware the cabins adjacent to the subdivision are on land
that is of a non-conforming nature, i.e. this property is to ultimately
be returned to its residential zoning status. By building residences
at lots 12 and 13, you permanently restdct the development of the
cabin property for residential use. Therefore, the future owners of
the cabins to the north west side of this development, could make
the case that only commercial use of this property is viable. If, after
construction of this subdivision as proposed, the owners of the
cabin properties make this case to change zoning because the
residential area is landlocked, it could be a backdoor means to
changing use and zoning of this property without the appropriate
zoning hearings etc. We then fear that a major commercial
development will be built on this and adjacent properties, use of
which will pe¢~¥~anently alter the state of this community.
To place a residence(s) on the north end of this subdivision will, we
believe, eventually work contrary to the City's Official Plan to have
the land on which the cabins sit revert to residential zoning.
From a personal, aesthetic perspective, the residences, which will
be constructed on the north end of the subdivision, is to be
constructed directly along the back of our mother's property line.
We understand that by law, construction can be a minimum of four
fcct from the border of her property. Needless to say, this change,
the first in the nearly fifty years she has lived here, is quite
disturbing to her. She is over 70 years old, a widow on a small fixed
income. To her, her house is her life. She may not understand or
appreciate the motives behind the development being proposed,
but she understands that this is a big change and is not in her
benefit. She is also concerned about the implications regarding the
future commercial development that may take place if the nearby
cabin property becomes commercial and a developer assemble
one parcel of land from Brookfield Ave. to the Hydro Canal. Any
development on this "L" shape property could destroy her
neighbourhood and significantly weaken her home's property value.
Our Position:
We propose that there should be no construction at lot 13. If the
future developers wish to alter the existing zoning of surrounding
properties, that they should be up front, follow the rules and present
their case to the City, so as to not surreptitiously work to change the
existing zoning.
2. That the proposed Trail, that will travel along Hydro properties
(along the Mitchell Line) that has been reviewed by the City, be
preserved.
· The preservation of a community and the environment, go hand in
hand. The concept of this trail was a good one in 1994 and it is a
good one today. A trail/bike path/walkway links neighbourhoods in
ways that roads and sidewalks cannot. They should developed be
preferably be in a nature type setting, not along a roadway.
· We understand that the oak tree on the southern end of the
proposed subdivision is over 200 years old. This tree must be
preserved and you understand the reasons why.
· In a perfect world, the City would have taken over the subdivision
property, converted it to recreational/park use which would included
the Master Trail. While a "green belt" would have bccn
environmentally correct position to take, we understand that the
former Hydro properties are pdme residential land, although it does
not appear that the City is facing any shortage of residential land to
be developed. We are not opposed to progress, but we wish to see
consideration to the environment applied.
Our Position: That the Trail be preserved in the form, which it was
proposed, and presented to the City's Bike and Trail Committee.
We thank you for taking the time to read about our mother's and our
concerns. One of the things that make this City different from the sprawling
metropolitan areas along Lake Ontario is that there is not a need to fill every inch
of available space with a development of some kind. The decisions that will be
made by our officials, both elected and staff, will send a signal to other
developers and residents along Hydro Properties along the Mitchell Line.
Needless to say, we trust that the aldermen who will vote on this subdivision will
act in our mother's behalf as they would with their own constituents.
Respectfully yours,
Mary Gizzie '~ ~'~/
Family Members: Gary Gizzie Julia Muscato
Rosemary Royer Anthony Gizzie
Cc: Mayor Wayne Thompson, Aldermen Wayne Campbell, W E (Judy) Orr Ward
1, Klm Craitor, Janice G Wing, Ward 2, Carolynn Ioannoni Ward 3, Norm Puttick,
Selina Volpatti Ward 4, Ken Feren, Victor Pietrangelo Ward 5, Art Federow
Shirley Fisher, Ward 6.
Tel: (905)3~2-H39 · Toll F~ 1-800-26~-"/123, Pax (905T:556-5165
April 5, 2002
Mayor Wayne 'rhornson,
City of Niagara Falls,
P. O. Box 1023,
4510 Queen Street,
Niagara Falls, Ontario.
L2E 6X$
Dear Wayne:
re: MitcheJll Une PathtT'ra~ .
It has been brought to our attention of the proposal to re-mute a proposed trail to
what is referred to as Option #4.
We ask your consideration in voting against the proposal.
The proposed walk'way would basically be in our backyard.
The privacy we now have between our property line arid the hydro canal would be
lost.
As we understand it, the design wo~ld not allow for police patrol, which puts the
neighbourhood properties at much greater risk of break-ins, k~ addition to the loitering, potential
damage and littering.
We ask your support in turning down Option #4.
Waters & Meredith
Suite 301
4673 Ontado Avenue
Niagara Falls, Ontario
L2E 3R1
Chartered Accountants
Tel: 905-356-4324
Fax: 905-356-0964
E-Mail: wm~watersmeredith.com
Website: www.watersmeredith.com
April 5, 2002
Mayor Wayne Thomson,
City of Niagara Falls,
P. O. Box 1023,
4310 Queen Street,
Niagara Falls, Ontado.
L2E 6X5
Dear Wayne:
m: Mitchell Line Path/Trail
It has been brought to our attention of the proposal to re-route a proposed trail to
what is referred to as Option #4.
We ask your consideration in voting against the proposal.
The proposed walkway would basically be in our backyard.
The pdvacy we now have between our property line and the hydro canal would be
lost.
As we understand it, the design would not allow for police patrol, which puts the
neighbourhood properties at much greater risk of break-ins, in addition to the loitering, potential
damage and littering.
We ask your support in turning down Option #4.
Yours very truly,
George L.. Waters,
Waters & Meredith,
Chartered Accountants.
5953 Volley
Way
NioB~ Fo#s, Oiq
12E ~X9
905 $58 8522
c-mail handi~sprint.ce
April 2, 2002
Paula Berketo Landscape Architect
7231 Rolling Acres Cr.
Niagara Falls, ON
L2J 1E5
Dear Ms. Berketo:
I was thunderstruck to hear a comment you had made during a recent presentation to
Niagara Falls City Council on March 18, 2002. This was with respect to tree removal in
the Brookfield Court vicinity. You stated on multiple occasions that some of the trees in
the afoz ~nentioned area had "no value".
Ms Berketo, there are a great many individuals who are not "experts" who would not
agree with your comment. For your information, there is one notable expert, Dr. David
Suzuki, scientist, environmentalist, broadcaster and winner of United Nations
Environment Program medal and the Order of Canada who states that a standing tree
performs numerous services for the Earth - even dead trees. Hence, all trees have value.
You are no doubt aware, that today's technological advances have come with a heavy
price - widespread destruction of the global environment. In future, when giving your
"expert" opinion, please give further consideration to the protection and healing of our
planet and do not use such terms so loosely.
Thank you.
Lucille Coleman
Copy: Niagara Falls Council
ROBERT D. AINSLIE, M.D., C.C.F.P.
Professional Building,
5400 Portage Road,
Niagara Falls, Ontario.
L2GSX7
356-2229
March 26, 2002
His Worship Mayor Wayne Thomson
City Hall P.O. Box 1023
4310 Queen Street
Niagara Falls, ON
L2E 2L1
Re: Proposed Cuviello Subdivision North of Clare Crescent
Dear Mayor Thomson:
I live at 7100 MeMillan Drive and I am quite involved in the area~ My daughter also lives on
Clare Crescent next to the canal
I have read a letter from John J. Clark of 6255 Clare Crescent. John Clarles thoughts make se.me.
My brother and I developed the MeMillan Drive Subdivision next to the Hydro right of way.
Before the south side of the Hydro right of way was developed, there was no direct observation
of the Hydro property consequently, there were many youths loitering, partying 'and getting into
mischief. They also invaded the back yards when owners were away. Once the Harovies
subd{vision on the south side was developed, they were under observation and they disappeared.
A long trail down the hydro canal would invite similar problems. The proposed trail going by tho
giant two hundred year old oak h-ee, and crossing Clare Crescent to go d6wn an open visibte area~.
in the Hydro fight of way towards Dorchester Manor woul6 be easier to monitorby potiee and-'
would be preferabl~, the oak ~ itself is certainly worth- saving.
You requested our thoughts.
Robert D. Ainslie
cc: Alderman Janice Wing
Alderman Kim Craitor
~hambers - Brookfield Court D_r_~ft Pla___._n
File~
From: "Ross Gillett" <rgillett@becon.org>
To: "Mayor Wayne Thomsom" <wthomson@city.niagarafalls.on.ca>
Date: 3/20/02 8:13PM
Subject: Brookfield Court Draft Plan
Ross J W Gillett
5962 Brookfield Avenue Niagara Falls ON 905-356-5218
Mayor Wayne Thomson and Alderman Members of City Council March 18, 2002
City Hall, Queen Street
Niagara Falls ON
Dear Representatives:
Re: Brookfield Court Draft Plan of Subdivision
File: 26T-11-2002-02
rgillett@becon.org
RECEIVED
HAR 21 2002
PLA[,,fNING
& DEVELOPMENT
Council's public meeting Monday evening spent considerable time hearing and discussing possible
alternatives of a future proposed trail through or adjacent to this planned development. My 35 years of
transportation and related community planning experience made it evident there was little imaginative
dialog about any methods to make the existing trail easement alignment acceptable. This issue really
overshadowed the serious problem at the north end of the proposed development - probably by design.
As alluded to by Alderman Wing, the present Commercial Zoning on the south side of Lundys Lane in the
vicinity of Brookfield Avenue extends southerly to about in line with the southerly limit of Pew Street. This
short laneway extends west from Dorchester Road to Brookfield. The Commercial designation continues
westerly along the southerly limit of the property occupied by the Broadway Motel, and further westerly -
just south of and including all the Falls Manor main buildings - toward the hydro canal property. It was
· acknowledged that the cabins operated in conjunction with Falls Manor and lying well south of the main
buildings are on land zoned as Residential but are a legal non-conforming use. However, it is cleady the
intent of the City's Official Plan - and the community - that this latter land will eventually become
Residential as future redevelopment occurs.
The plan of subdivision submitted is obviously a thinly-disguised attempt to segregate a portion of land
(about the same size as the existing commercially-zoned main Falls Manor facility) and virtually enable an
easy future change from Residential non-conforming use to Commercial land use. Approval of the draft
subdivision as submitted would land-lock this portion, preclude its logical residential development in
compliance with the Official Plan, and make its rezoning to Commercial use the only future possibility.
There is no reasonable need to accede to this unreasonable aspect of the proposal. The proposed plan of
subdivision can easily extend the proposed road allowance to the north end of the plan property. This will
permit future development of a cul-de-sac on the latter portion consistent with the existing zoning. Any
suggestion that the remaining land occupied by the main Falls Manor facility (conforming to Commercial
Zoning) is too small for future redevelopment is totally unrealistic. Any major developer can easily
recognize that the large square consisting of the Broadway Motel (which now extends on Brookfield to
Lundys Lane), the Voyager Motel and the present legal commercial land use of the Falls Manor makes a
very attractive assembly for a future major development. Consequently, the draft plan of Brookfield Court
must be amended to preclude any insolation of this present non-conforming land use area, and ensure
development of all lands behind homes on Brookfield Avenue entirely as Residential.
With respect to the construction of the trail on the existing easement and the narrow block on the west
side of Brookfield Court, I am confident that our Parks Department can oversee an environmentally
established walk/bikeway on the 30-foot allowance - possibly with an elevated plank section of adequate
width, some 8" - 10" above the ground - under and passing the canopy of the prized 200-year old red oak
~r-p] ~hambers - Brookfi,e!d ,CoHrt Draft Pl~,n ............ ................... Pa_ge 2!
tree. This would protect the root system from any damage from either home or trail construction.
Accordingly, the easement and the block should be dedicated to the City, and the lot lines suitably
adjusted northerly to the limit of the present non-conforming land use. The other .concern regarding
construction traffic can thoughtfully be resolved by a temporary direct access to ILundys Lane.
Respectfully submitted,
(signed) Ross J W Gillett pc: City staff, residents, et al.
March 17, 2002
Director of Planning and Development
City of Niagara Falls
PO BOX 1023,
NIAGARA FALLS, Ontario L2E 6X5
Planning
Scanned
Dear sir or madam:
Re: "Brookfield Court"
Draft Plan of Subdivision
File 26T- 11-2002-02
Thank you for the opportunity to express some of my concerns about the subdivision "Brookfield
1. At present, it is very difficult and dangerous to access Lundy's Lane from Brookfield and
to cross Dorchester from perpendicular streets ie. Barker and Coach during heavy traffic times. I
don't think that an increase to this traffic flow and congestion in this area is needed.
2. I am sure that the expressed concerns of the home owners closest to the proposed
development are legitimate. The value of their properties will decrease. Much of the
attractiveness of their properties, although in proximity to Lundy's Lane, is the open space
behind them. No one can be sure that other property values in the area, such as Clare Crescent
and Coach Drive will not also be negatively affected.
3 At present, this area also provides a welcome green space to mitigate the noise, pollution
and frenzy of Lundy's Lane. It is so easy to lose these precious areas of nature and tranquility
and so very difficult to replace them. Surely there is a need to enhance the quality of our
neighbourhoods.
I do hope that you will conclude that a new subdivision is not needed in our neighbourhood and
will have a negative effect. Thank you for your time and consideration.
Sincerely,
Rev. Robert J. Davis
6101 Clare Crescent,
NIAGARA FALLS, Ontario L2G 2C7
905-356-7280
RECEIVED
NAR 1 9 ~
RECEIVED
HAR 1 9 2002
Brookfield/Clare Development
From: Rick and Linda Volpini
6187 Clare Crescent
Niagara Falls, Ontario.
February 14th, 2002.
We would like to take this opportunity to thank the City staff for meeting with us
regarding our comments and concerns on the application at this time.
Although we prefer that the lands not be developed so that the area residents could
continue to enjoy the natural features of this unique green belt, we recognize and accept the fact
that the lands are zoned for residential and that they may some day be developed.
We are not here to oppose the plan and we do identify some benefits to the development
But, we are concerned that the natural resources that are unique to this area will not be preserved
resulting in the loss of the community's identity. We believe that keeping the current easement
and developing a Nature trail will result in maintaining a small portion of a neighbourhood that
has existed for over 50 years.
We feel that a balance can be obtained between the preservation of the local features of
the community which is our unique identity, and the residential development of these lands. The
maximum preservation of the natural resources which will incorporate a future trail can be
marketed as an asset to the plan proposal and not seen as a detriment.
The following pages outline our concerns regarding this development.
RECEIVED
FEB 142002
From: Rick and LiMa Volpini
6187 Clare Crescent.
Niagara Falls, Ontario.
Brookfield/Clare Development
February 14th, ~002
We support the decision of Parks and Recreation in maintaining the present easement for a
Nature Trail. -Furthermore, we believe that this trail can be incorporated into the development
of the land without reducing the number of lots that the developer has proposed while providing
a unique asset. We would also like to outline our concerns regarding a significant Native Red
Oak Tree situated on the property line of our property and the new proposed development.
1. We are in support of the easement in the present alignment as shown on plan 59R-9719 for
the following reasons:
- works well with current plan that utilizes part 2 of the reference plan.
- It aligns with the existing park in the community
- the easement is already treed and conducive to having a "Nature Trail"
- will maintain some of the unique characteristics of this community
- provides for the tree preservation of some of the trees on the easement
- this easement allows a trail to be located offthe road which is the preferred location
In the Trails and Bikeway Master Plan
- two sides of the current easement are already fenced in reducing costs in creating the
trail.
2. We believe that the current easement alignment and the future development of these lands
can co-exist.
-The same number of lots can be developed to meet and exceed the current zoning
requirement with the easement in its present location.
-With the current location of the easement the developer is impacting on the least
number of existing lots with a trail.
3. The developer has been steadfast in his development design offering no compromises in his
proposal to incorporate the present easement in the plan.
-He states that lot frontages need to be 60 feet when zoning allows a minimum of 50 ft.
-He suggests that if the easement alignment remains in it's present alignment that the
development cannot proceed.
-Both of the above statements are self-imposed restrictions by the developer.
4. There is a significant Native Red Oak tree shared on our property and the new development.
The current survey done by the developer indicates that this tree is centred on the property
line. We have been told by an arborist that this is a significant tree with an age of
approximately 200 to 250 years old ( a tree older than Canada). It has been stated by the
Arborist that any construction within 30 feet from this tree will harm the root system and kill
the tree. The developer has agreed that this tree is an asset to his development and that he
also wants to save the tree. We know that neighbours in the surrounding area have also
enquired about saving this tree.
i)
We feel that incorporating the Red Oak tree into a City owned trail using the 30 foot
easement would protect this tree from future development. We propose that the City of
Niagara Falls request this easement as a five percent land dedication in the planned proposal
for the Parks and Recreation committee to build the future trail or that they purchase the
easement.
ii)
We are concerned that if this property is left as an easement that any private owner could
significantly alter the branches on this tree resulting in a changed drip line; thus,
permitting closer construction to the tree and harming any preservation.
ffthis property is left as an easement we feel that a legal agreement should be put
into the planning agreement permitting no new consh action or building within 30 feet
Of this Native Red Oak aec to maintain the actual drip line in the Arborist report.
iii) If none of these options are attainable, then we the home owners would be willing to
negotiate the purchase of 30 feet of undeveloped land to save this tree.
We are in agreement with the developer that this tree is an asset to the neighbourhood and to his
development. We will need to work together to ensure that there is no construction within 30
feet of the tree.
5. The current easement is the most conducive placement for a trail because the current
wooded lot allows for some young oak trees to be saved and they can be used to enhance
a nature trail.
6. Keeping the easement in the current natural treed state would preserve a small portion of
the existing trees and the unique character of this area which has existed for over 50 years.
7. Just as the residents of the community have to accept the future residential development of
this green belt due to its zoning the developer should have to accept the current easement in
its present alignment and incorporate it into the plan .proposal.
IN CONCLUSION:
We feel that the easement in its present alignment can be integrated into the proposed
development~with the plan meeting and exceeding all current zoning by laws. The trail would be
a wonderful asset to this development and to the community, while preserving some unique
features of this neighbourhood. We have also expressed our concern with the preservation of the
Native Red Oak tree which is Our part ownership. Please inform us of any proposed changes to
this easement or to the plan for the trail. We would be happy to participate in future meetings
with City Hall staffand the developer to discuss these issues in an effort to promote the unique
characteristics of the area which will serve to be of benefit to the plan proposal.
Thank you for having this meeting with us to discuss these issues.
Sincerely,
Mrs. Linda Volpini
Mr. Rick Volpini
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: pianning@city.niagarafalls.on.ca
Doug Darbyson
Director
PD-2002-58
June 17, 2002
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re:
PD-2002-58, Zoning By-law Amendment Application
AM-17/2002, 5692 & 5696 Banker Street
Applicant: Kevin Maves
Proposal to Legalize a Four-unit Dwelling
RECOMMENDATION:
It is recommended that Council deny the Zoning By-law amendment application to legalize a four-
unit dwelling at 5692 & 5696 Banker Street.
THE PROPOSAL:
Kevin Maves has requested an amendment to the Zoning By-law to legalize a four-unit dwelling at
5692 & 5696 Banker Street, as shown on Schedule 1. The applicant is requesting a zone change
fzom the current Residential Single Family and Two Family (R2) zone to a site specific Residential
Low Density, Grouped Multiple Dwellings (R4) zone. Schedule 2 illustrates the details of the
development.
CIRCULATION COMMENTS:
Information regarding the application was circulated to City departments, agencies and the public
for comment. Staffofthe Planning & Development Division has received a letter of objection and
has met with neighbours who are opposed to the application. The letter and petition have also been
circulated to Council.
Working Together to Serve Our Community
Clerk's Finance · Human Resources · Information Systems · Legal · Planning & Development
June 17, 2002 - 2 - PD-2002-58
BACKGROUND:
The subject property was created through land severance in the late 1980's. A further consent
application was made last year in order to create two parcels, essentially to divide a semi-detached
dwelling for separate ownership. The consent application was approved subject to the satisfaction
of conditions. These conditions have been met, however, the consent has not been finalized due to
the creation of the four-unit dwelling in contravention of the Zoning By-law.
Building permits to build a semi-detached dwelling on the subject property were obtained by the
applicant. Occupancy inspections were conducted by staff of Building & By-law Services in late
October. At that time, the subject dwelling was a typical semi-detached dwelling. In March of this
year, Building & By-law Services received a complaint that two further dwelling units had been
established (in the basement of each side) to create a four-mt dwelling.
SURROUNDING LAND USES:
A field review of the surrounding properties has revealed that the primary land use in the area is
single detached dwellings on 40-foot lots. There appears to be a semi and a triplex in the area. The
neighbourhood borders the northern end of the Main & Ferry Minor Commercial node.
PLANNING REVIEW:
1. The proposal does not comply with the intent and purpose of the Official Plan.
The subject property is designated Residential in the Official Plan. As demonstrated above,
the property was created through land severance and, as such, is considered residential infill.
The Official Plan states that infill development must take place in a manner that is sensitive
to the surrounding area, and must be compatible and integrated in terms of density, building
mass and arrangement, setbacks and appearance.
Density. As noted above, the area is predominantly composed of single detached
dwellings. Density of the neighbourhood is about 10 units/acre, which is the density the
Official Plan stipulates for commurfity plauning districts. The subject property, with four
units, has a density of about 27 units/acre, more than two and a half times the density of
the area. Developments of this density are usually three to four storeys in height and
located at the periphery of residential areas, typically on collector or arterial roads, in close
proximity to schools, parks and neighbourhood commercial areas. The subject property
is located in the middle of an established residential neighbourhood on a local road. This
location is appropriate for a single or a semi-detached dwelling, but not a four-unit
dwelling because it will negatively impact the adjacent lands and neighbourhood.
Building mass and arrangement. While the building mass is compatible with the
surrounding houses, the arrangement of the building and parking is not compatible.
Parking, as shown on Schedule 2, is accommodated within two driveways, one of which
exceeds the maximum width permitted by the Zoning By-law. Two driveways are
required to provide the five parking spaces required by the by-law. The letter from the
area residents indicates that there is on-street parking presently occurring as a result of the
additional two units. Apartments are typically designed with one entrance from the street
and a parking area that provides for both sufficient parking and the internal manoeuvring
of vehicles.
June 17, 2002 - 3 - PD-2002-58
· Setbacks. A site specific R4 has been requested because the proposal fails to meet
several of the minimum standards of the R4 zone, as noted in the table below.
Zoning Provision By-law Requirement Request Deviation
Minimum lot area 2,153 sq.ft./dwelling 1,722 sq.ft./dwelling 431 sq.ft./dwelling
unit unit unit or 1,724 sq.ft.
less than the
required minimum
Minimum front yard 25 feet 21 feet 4 feet
Minimum rear yard 33 feet 25 feet 8 feet
Minimum interior side ½ building height = 8 feet 3.5 feet
yard 11.5 feet
Examination of this table reveals that all setbacks and the minimum lot area are being
reduced fi:om the R4 standards. This demonstrates that the property is of insufficient size to
accommodate a four-unit dwelling and will result in compromising the privacy of adjacent
properties.
· Appearance. The building is designed as a typical raised bungalow-style semi. There
are no compatibility issues with its appearance.
Based on the above analysis, the property is clearly inappropriate for a four-unit dwelling.
The use of the building as a four-unit dwelling does not comply with the Official Plan
policies respecting residential infilling in terms of the arrangement of the building and
parking facilities, density and setbacks. Such non-compliance results in the use being
incompatible with the surrounding area.
2. The requested amendment is inappropriate.
A zone change from R2 to a site specific R4 zone has been requested for the property. The
surrounding lands are zoned R2. The requested R4 zoning is clearly inappropriate because
it is in the middle of an area zoned exclusively for single detached and semi-detached
dwellings. As such, the R2 zone should be retained and the two illegal units removed.
CONCLUSION:
In conclusion, the application is recommended to be denied for the following reasons:
· The application does not comply with the Official Plan.
The proposed four-unit dwelling is not compatible with the neighbourhood in terms of
building and parking arrangements, density and setbacks.
· The property is insufficient in size to accommodate a four-mt dwelling.
June 17, 2002 - 4 - PD-2002-58
Further, it is recommended that the R2 zone remain and the two illegal units be removed
immediately.
Prepared by:
John Bamsley
Planner 2
Recommended by:
Doug Darbyson
Director of Planning & Development
Respectfully submitted:
Jo~~ MacDonald~
Chief Administrative Officer
Approved by:
Tony Ravenda
Executive Director of Corporate Services
Attach.
S:~PDR',2002~PD2002-58, AM17-2002, Banker St.wpd
SCHEDULE 1
LOCATION MAP
Subject Land
North Street
Summer Street
Spring Street
Amending Zoning By-law No. 79-200
5692 & 5696 Banker Street
Applicant: Kevin Maves
AM-17/2002
I :bITS
P~O~OS~D £ZE~ATIONS
~- FOYER
~- FINISHED FLOOR t 57
i'-~'~- TOP OF FOUNDATION
~- GRADE (FRONT) "
~- GRADE (REAR)
~'~'TI- TOP Of FOOTING IMPER~
bib/Of Niagara Falls
Lo[ No. P~I' ~ L01~ g & [0 & P/~T
Strut No.~ ~ k~
~i~er or ~ner ~ ~N
Su~'n G~de ~[rol ~n ~._
LEGEND
Drainoge Direction
-- Setbock Me(mmurement
' of Oi$char~je
150.0' Existing Ground Elevation
REGIONAL MUNICIPALITY OF NIAGAl~A~/~j~'Sq~
PLANNING AND DEVELOPMENT DEPARTMI~,NT
Date:
To;
REGIONAL AND PROVINCIAl. REVIEW
COMMENTS
June 10,2002
Doug Darbyson, MCIP, RPP
Director of Planning & Development
City of Niagara Falls
Re:
Zoning By-law Amendment Application
KevJn Moves
5692 & 5696 Banker Street
City File: AM 1712002
Proposal:
To rezone property from Residential Single Family and Two Family (R2) to
Residential Low Density Grouped Multiple Dwellings (R4) to permit existng
four unit apartment building.
REGIONAL REVIEW
Regional Policy Plan; Urban Area
Regional Public Works; Not Applicable
Regional Public Health: Not Applic;~ble
Additional Comments:
The conversion of the semi-de,ached dwelling into four apartments is a desirable form
of residential Intensification that provides affordable housing and meets Smart Growth
obJectives.
PROVINCIAL REVIEW
Based on available |i-,;',:,i-,,ation, this proposal affects/does not appear to affect the interests of the
following Provincial Ministries:
INTERESTS INTERESTS
AFFECTED NOT ~M=FECTED
Ministry of Agriculture. Food & Rural Affairs ~--~ [~
Ministry of Citizenship, Culture & Recreation J-'-] []
Ministry of Environmerlt [] []
Ministry of Municipal Affairs & Housing r--] ~
Ministry of Natural Resources [] [~
Additional Comments:
RECOMMENDATIONS
~ Based on our review, Regional Planning Staff hat~,e no objection to the approval of this application.
~ The following are additional comments or COnditions of approval;
~ re~eP~ r~odl obs~L ~r ~-~
Development Implementation Services
Copy to:
Please send notice
3550 Schmon Parkway P.O. EIOX 1042 -- Thorold Ont. L2V 4T7 -- Phone (905) 984-3630 FAX (905)
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-2002-57
June 17, 2002
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re:
PD-2002-57, Zoning By-law Amendment Application
AM-32/2000, 5840 Dunn Street
Proposed 4-Storey, 16 Unit Apartment Building
Michael Colaneri & Tara Colaneri
RECOMMENDATION:
It is recommended that Council pass the resolution appearing in tonight's agenda which states that
no further notice is required in respect of the revised mending by-law and that Council pass the
amending by-law to permit the construction ofa 4ostorey, 16 unit apartment building at 5840 Dunn
Street.
BACKGROUND:
On October 16, 2000, Council approved an application in principle to amend the City's Official
Plan and Zoning By-law for the property known as 5840 Dunn Street. Refer to Schedule 1 to
locate the lands. The amendments were requested to permit the construction of a 5-storey, 27 unit
apartment building, suitable for all age groups, with an underground parking garage. Refer to
Schedule 2 for further detail.
Staff prepared the by-laws to amend the City's Official Plan and Zoning By-law according to
Council's approval and scheduled them for passing on December 11, 2000. At that meeting, an
area resident and chairperson of a local residents' comnfittee submitted a report raising a number
of issues. Following some discussion, Council deferred further consideration of the by-laws until
the applicant could be in attendance before Council.
Working Together to Serve Our Community
Clerk's · Finance · Human Resources · Information Systems . Legal Planning & Development
June 17, 2002 - 2 - PD-2002-57
Subsequent to Council's deferral, staff met with the applicants and encouraged them to convene
a neighbourhood meeting to discuss the development prior to returning to Council. Staff
understands that a revised 5-storey, 20 unit apartment building with a surface parking area was
presented with limited success to a number of area residents who represented the neighbourhood.
On May 28, 2002, the applicants informed staffthat they were prepared to modify their proposal
further by reducing the height and density of the project to four storeys and 16 units respectively.
The chart below indicates how the current proposal compares to what could be developed on the
land now under the existing zoning and the previous proposal approved by Council. Schedule 3
illustrates the modified proposal. In addition to the reduced height and density, the current
proposal has additional landscaping on the northeast comer of the property and a landscaped buffer
strip between and parking areas and Ailanthus Avenue. Furthermore, a canopy which was
previously proposed to extend to the Ailanthus Avenue mad allowance has been eliminated from
the project.
Existing Zoning Current Proposal Previous Proposal
Zone R4 R5B - Special R5E - Special
use of property 1 apartment building 1 apartment building 1 apartment building
number of units 9 16 27
number of stories 3 4 5
parking surface surface surface/underground
parking garage
density 20 units per acre 32 units per acre 60 units per acre
landscaped area 484 square feet/unit 375 square feet/unit 215 square feet/unit
Official Plan n/a no yes
Amendment
Planning & Development Division staff held a meeting with the neighbourhood on Wednesday,
June 12, 2002 to inform area residents about the recent modifications to the proposal and to
attempt to achieve consensus prior to presenting the amending zoning by-law tonight. The meeting
was attended by the applicants and four residents. The residents applauded the applicant's
willingness to reduce the height and density of the apartment, but continue to feel that it is still too
high. They would prefer the construction of 3-storey apartment building on the land as allowed
under the current R4 zoning. The residents also continue to believe that there is no need for
additional apartment buildings in the neighbourhood.
The Planning Act allows changes to be made to a proposed by-law after the public meeting has
been held and before it is passed. However, before doing so, Council has to decide if any further
notice has to be given. Because the proposed changes represent a scaling down of the project in
terms of height and density, staff is of the opinion that no further notice is required. In addition,
June 17, 2002 - 3 - PD-2002-57
area residents were informed about the changes prior to tonight's meeting. If Council agrees with
staff's position, it would be appropriate for Council to pass the related resolution appearing on
Council's agenda and to adopt the revised by-law which is also on the agenda this evening.
Prepared by:
Ken Mech
Manager of Current Planning
Respectfully submitted:
Chief Administrative Officer
Recommended by:
Doug Darbyson
Director of Planning & Development
Approved by:
Tony Ravenda
Executive Director of Corporate Services
KM:gd
Attach.
SSPDRX2002XPD2002-57, AM32-2000 Colaneri, Dunn St.wpd
SCHEDULE 1
LOCATION MAP
Subject Land
Dunn Street
Amending Official Plan & Zoning By-law No. 79-200
5840 Dunn Street
Micheal and Tara Colaneri
AM-32/2000
l :NT S
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
June 17, 2002
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Doug Darbyson
Director
PD.2002-55
Re:
PD-2002-55, Zoning By-law Amendment Application
AM-14/2002, South Side of Delta Drive, East of Montrose Road
Applicants: George Gueorguiev and Pierre Lefeuvre
Proposal for a Semi-detached Dwelling
RECOMMENDATION:
It is recommended that Council:
1) approve the Zoning By-law Amendment application to rezone the land R2 with a special
provision permitting a lot area of 557 square metres (6,000 square feet); and
2) pass the amending by-law included in tonight's agenda to implement the zone change.
THE PROPOSAL:
An amendment is requested for a 557 square metre (6,000 square feet) parcel of land on the south
side of Delta Drive as shown on Schedule 1. This property was severed f~om the property known
as 6508 Montrose Road in 1999 (B-34/99). Schedule 2 shows the subject land as Part 2, while 6508
Montrose Road is shown as Part 1. The amendment is requested to permit the construction of a
semi-detached dwelling on the new lot.
The land is currently zoned Residential Single Family 1D Density (RID). The zoning of the land
is requested to be changed to a site specific l~esidential Single Family and Two Family (R2) zone
with a reduced lot area requirement of 557 square metres (6,000 square feet), rather than the standard
600 square metres (6,458 square feet), to accommodate the proposal.
CIRCULATION COMMENTS:
The application was circulated to City departments, the Regional Municipality of Niagara and the
public for comment. The following comments have been received to date.
Working Together to Serve Our Community
Clerk's · Finance · Human Resources · Information Systems · Legal Planning & Development
June 17, 2002 -2- PD-2002-55
Parks, Recreation & Culture
There are two Maple trees on the boulevard
that are to be protected.
Municipal Works
There is adequate road width, sidewalks and
municipal services to accommodate the
development.
A mad cut permit is to be obtained.
A comprehensive lot grading plan is to be
submitted to the City for approval. A rear
catch basin and lead and associated easement
may be required to provide proper drainage.
Development charges for a semi-detached lot
are payable.
· Regional Municipality of Niagara
No objections.
PLANNING REVIEW:
1. The proposal conforms to the Official Plan.
The Official Plan designates the lands Residential. The Official plan encourages an
appropriate mix of different types of housing but specifies that single-detached, semi-
detached and other compatible housing forms will provide the majority of the permanent
residential accommodation in the City. The subject lot is located beside a large cluster of
semi-detached dwellings that were built in the late 1970's. The construction of a semi-
detached dwelling on the lot would contribute additional affordable housing to this area.
2. The requested zoning amendment is appropriate.
The lands are currently zoned RID, which is the predominant zone category for lots that
front onto Montrose Road in this area. However, lands to the east of the subject lands are
zoned R2, similar to the zoning proposed on the subject lands. Furthermore, this stretch of
Delta Drive is dominated by semi-detached dwellings, and the proposed development would
be in keeping with this existing development.
The request to reduce the lot size from 600 square metres (6,458 square feet) to 557 square
metres (6,000 square feet) is considered a modest and reasonable reduction. This
requirement is meant to ensure that lots and dwellings developed are compatible with
abutting lots under the same zone. As the lot frontage would confoim to the existing zoning
provisions, the lot would have the same appearance from the street. There is no reduction
proposed to the front, side and rear yard setbacks, and therefore amenity and landscaped area
on the lot would be maintained. Although the reduction in lot area may result in a modestly
smaller dwelling, the impact of this lot area reduction should not impact on surrounding
areas.
June 17, 2002 - 3 - PD-2002-55
CONCLUSION:
The proposal to rezone the lands for a semi-detached dwelling conforms to the applicable
Official Plan policies and is considered appropriate development for the area.
The proposed reduction in lot area is considered reasonable and should not impact on
surrounding areas.
The requested by-law to change the zoning of the land l~om Residential Single Family 1D
Density (R1D) to Residential Single and Two Family (R2), with a special policy for the
above noted reduction in lot area, is included on tonight's agenda for Council's
consideration.
Prepared by:
Planner 2
Recommended by:
Doug Darbyson
Director of Planning & Development
~Respectfully submitted: ~
~// Chief Administrative Officer
Approved by:
Tony Ravenda
Executive Director of Corporate Services
Attach.
S:~PDRX2002~PD2002-55, AM 14-2002, SS Delta Dr.wpd
SCHEDULE 1
LOCATION MAP
Subject Land
Amending Zoning By-law No. 79-200
Delta Drive East of Montrose Road
Applicam: George Gueorguiev
AM-14/2002
1 :NTS
Regiono! Rood NO. 98
MONTROSE ,,,,,,,,,,~,,o.-ooo, ROAD
(ROAD ALLOWANCE BETWEEN TOWNSHIP LOTS 156 & 157)
100.~10' (~N ~ S~O
? ~ N~'S'~'OO'W g ~00.00' c~- > ~ (~
% -
Date:
To:
Re:
NIA~A
May 9, 2002
REGIONAL MUNICIPALITY OF NIAGARA
PLANNING AND DEVELOPMENT DEPARTMENT
REGIONAL AND PROVINCIAL REVIEW
COMMENTS
I
Andrew Bryce
Planner 2
City of Niagara Falls
Zoning By-law Amendment Application
George Gueorgulev
South Side of Delta Drive, East of Montrose Road
CRy File: AM-14/2002
Proposal:
To rezone a 6,000 sq.ft, residential lot from Residential Single Family (R1 D)
to Residential Single Family and Two Family (P,2) zone to permit the
construction of a semi-detached dwelling.
REGIONAL REVIEW
Regional Policy Plan: Urban Area
Regional Public Works: Refer to Public Works Comments
Regional Public Health: Not Applicable
Additional Comments: The proposed use will make more efficient use of the property and will provide the
opportunity for affordable housing.
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
Ministry of Agriculture, Food & Rural Affairs [] []
Ministry of Citizenship, Culture & Recreation [] []
Ministry of Environment [] []
Ministry of Municipal Affairs & Housing [] []
Ministry of Natural Resources [] []
Additional Comments:
RECOMMENDATIONS
[]Based on our review, Regional Planning Staff have no objection to the approval of this application.
[~The following are additional comments or conditions of approval:
Development Implementation Services Please send notice of Council's decision.
Copy to: ~
D. Darbyson, Director of Planning & Development
W. Stevens, Regional public Works
3550 Schmon Parkway P.O, Box 1042 - Thorold Ont. L2V 4T7 - Phone (905) 984-3630FAX (905) 641'--'-5208
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) 355-7521
Fax: (905) 356-2354
E-mail: planning@city.niagarafalls.on.ca
Doug Darbyson
Director
PD-2002-56
June 17, 2002
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re:
PD-2002-56, 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:
1)
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
(three years) on leased lands located at 5470 Ellen Avenue conditional upon:
(a) the temporary use by-law containing site specific provisions requiring landscaping
along Ellen Avenue in lieu of requiring a site plan agreement; and
(b) that any future rezoning applications respecting this matter be subject to a site plan
agreement including the dedication of lands along Ellen Avenue for road widening; and
2) approve the temporary use by-law on tonight's agenda.
BACKGROUND:
On May 13, 2002, the above application was scheduled for a public meeting. Planning report PD-
2002-43 (see attached) was prepared and recommended approval of the application. Staffreported
that a site plan agreement would be required as is normal practice. This would secure the dedication
of a road widening along Ellen Avenue and the landscape screening of the parking lots. However,
as it is the tenant who is planning to expand the restaurant, the owner is unwilling to enter into the
site plan agreement and commit to the landscaping and road dedication. Because of this, the
applicant deferred the application in order to discuss the issue with staffto determine ifa mutually
agreeable resolution could be reached.
Working Together to Serve Our Community
Clerk's · Finance * Human Resources · Information Systems · Legal Planning & Development
June 17, 2002 - 2 - PD-2002-56
The applicant has applied for a temporary use by-law to permit the off-site parking. Temporary use
by-laws can only be in affect for a maximum of three years, as required by the Planning Act.
Coincidently, the applicant's lease expires in three years, so the proposed expansion can only be in
place until 2005. At this time, the owner can redevelop the lands under the current zoning (which
permits a nine-storey hotel), or in some other manner. This would be the appropriate time to enter
into a site plan agreement including the requiring of a road widening. Accordingly, a site plan
agreement will not be required for the duration of the temporary use by-law. However, should the
applicant make any further rezoning applications relating to these lands, including an extension to
the temporary use by-law, staffwill require a site plan agreement.
In order to ensure that landscaping is installed as noted in report PD-2002-43, the temporary use by-
law, which is on Council's agenda, contains landscaping and screening provisions. These works will
have to be provided as part of the internal expansion to the restaurant and guaranteed through
enforcement of the by-law.
CONCLUSION:
The requested temporary use by-law can be supported, despite there being no requirement for a site
plan agreement at this time, as the landscaping can be secured through provisions in the amending
by-law and that a site plan agreement will be required for any future development atter the expiration
of the temporary use by-law.
John ]Samsley
Planner 2
Recommended by:
Director of Planning & Development
jo~hn MacDo~naeSpectfully submitted:
/ Chief Administrative Officer
Approved by:
Tony Ravenda
Executive Director of Corporate Services
JB:am
Attach.
S:XPDRX2002~PD2002-56, AM 15 -2002 Pumps.wpd
SCHEDULE 1
LOCATION MAP
Subject Property
Amending Zoning By-law No. 79-200
5815 Victoria Avenue
Applicant: 1057748 Ontario Inc.
AM- 15/2002
1 :NTS
April 2002
SCHEDULE 2
Date:
To:
Rs:
~A
May 2, 2002
REGIONAL MUNICIPALITY OF NIAGARA
PLAN~NING AND D~VELOPMENT DEPARTMENT
Doug Darb~on, MCIP, RPP
Director of Planning & Development
City of Niagara Falls
REGIONAI. AND PROVINCIAL R~,,VIEW
COMMENTS t -.~- planning [
I S;anned I
Zoning By-law Amendment Application
1057748 Ontario Inc.
5815 Victoria Avenue
CRy of
Your File~
RECEIVED
NAY 0 2 2002
. VELOPI NT
Proposal:
To permit pad(lng for a night club establishment to be located on adjacent
leased lands for a temporamj period of up to 3 years.
REG~IONAL REVIEW
Regional Policy Plan: Urban Area
Regional Public Works: Refer to Public Works Comments
Regional Public Health: Not Applicable
Additional Commen~: The City should be eat/stied that long term perking can be provided in the event that the
lease is not renewed.
PROVINCIAL REVIEW
Baaed on available Information, this proposal affects/does not appear to effect the interests of the
following Provincial Mini~;.dee:
Minist~ of Agriculture, Food & Rural Affairs
Ministry of Citizenship. Culture & Recreation
Ministry of Environment
Mlnlsb-y of Municipal Affairs & Housing
Ministry of Natural Resources
Additional Comments;
iNTERESTS INTERESTS
AFFECTED NOT AFFECTED
RECOMMENDATION8
] Based on our review, Regional Planning ~eff have no objection to the approval of this application.
] The following are edditlonaJ comments or conditions of approval:
Preparacl by: ~ ~~
Peter Coloaimo. Planner
Development Implementation Services Please send notice of Council's dec/sion.
Copy to:
W. Stevens, Regional Public Works
3550 $chmen Parkway P.O. Box 1042 --Thorold Ont. I-2V 4T? -- Phone (905) 984-3630 FAX (905) 641-5208
The City of
Niagara Falls
Canada
Corporate Services Department
Planning & Development
4310 Queen Street
P.O. Box 1023
Niagara Falls, ON L2E 6X5
web site: www.city.niagarafalls.on.ca
Tel: (905) 356-7521
Fax: (905) 356-2354
E-maih planning@city.niagarafalls.on.ca
Doug Darbyson
Director
PD-2002-59
June 17, 2002
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re:
PD-2002-59, Zoning By-law Amendment Application
AM-16/2002, North Side of Marshall Road, West of the Niagara Parkway
Applicant: Phil Fisher
Proposal to Repeal a Zoning By-law that Permits a Food Processing
and Packaging Plant on the Lands
RECOMMENDATION:
It is recommended that Council:
1)
approve the Zoning By-law amendment application to prevent a food processing and
packaging plant from being reestablished on the land; and
2)
adopt a by-law to repeal By-law No. 75-154 after the applicant has completed an
environmental site assessment and an archaeological assessment to the Regional
Municipality of Niagara's satisfaction.
THE PROPOSAL:
Phil Fisher has requested a Zoning By-law amendment for an 8 hectare (20 acre) parcel of land
located on the north side of Marshall west of Niagara Parkway, as shown on Schedule 1. A former
food processing and packaging plant was recently demolished on the land. The amendment is
requested to prohibit the use from being reestablished on the land.
The land is currently zoned Rural. In addition, site specific By-law No. 75-154 permits a food
processing and packaging plant and an ancillary business office on the subject lands. By-law No.
75-154 is requested to be repealed.
Working Together to Serve Our Community
Clerk's Finance · Human Resources Information Systems · Legal Planning 8, Development
June 17, 2002 - 2 - PD-2002-59
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.
· Municipal Works - No conditions to impose.
Niagara Regional Health Department
should be contacted regarding the
decommissioning of any existing septic
tank or well services.
Regional Municipality of Niagara
Removing the former industrial use would
restore the original Rural zoning on the
lands, and this zoning would more closely
reflect the Good General Agricultural
Area designation under the Regional
Policy Plan.
Air photography of the area indicates that
there were probably sewage lagoons
accumulating waste water from the
industrial operation. Therefore, an
environmental site assessment should be
prepared prior to any development to
determine if there is any potential
contamination from the industrial
operation and sewage lagoons. If there is
possible contamination, appropriate
testing and decommissioning and
submission of a Record of Site Condition
may be necessary per Ministry of
Environment guidelines.
Site is close to Niagara River and
historical sites and there may be a good
potential for discovery of archeological
resources, particularly in the relatively
undisturbed southwest portion of the site.
An archeological assessment should be
done focussing on the undisturbed area.
Region has no objections provided the
lands are placed in a Holding zone
category until the studies are completed as
part of a site plan or development process.
June 17, 2002 - 3 - PD-2002-59
PLANNING REVIEW:
1. The proposal conforms to the Official Plan.
The subject lands are designated Industrial according to the Willoughby Official Plan. The
Industrial designation was established on the lands to reflect the previous food processing
and packaging plant. The lands are still designated for industrial purposes because the land's
Rural/Agricultural designation and related policies in the City's current Official Plan are
deferred. Nevertheless, the deferred policies reflect Council's latest intent for the lands.
Lands under the Rural/Agricultural designation are predominantly intended to be used for
agricultural purposes. Other uses which are compatible with and directly related to
agriculture would also be permitted in this area by specific by-law amendment. The request
to have By-law No. 75-154 repealed does not offend the current designation of the land and
more closely reflects Council's latest intent for the area. Once the recommendations of the
Willoughby Land Use Study, as set out below, are implemented, any industrial reference
would be completely eliminated.
2. The proposal is consistent with the Willoughby Land Use Study recommendations.
Council approved a planning framework based on the Willoughby Land Use Study in
November 2001 and directed staffto initiate an Official Plan amendment to implement this
planning framework. Under this framework, the proposed policy designation for the subject
lands would be Rural Recreational. Permitted uses would be agricultural uses, hobby farms,
forestry, conservation and limited residential development and open space recreational uses.
Prohibiting the reestablishment of the former industrial use would be consistent with
Council's intent for the proposed Rural Recreational designation and would ensure the lands
are developed in a more complimentary fashion with respect to existing Parkway residential
development to the east and future estate residential development to the north.
3. The requested zoning amendment is appropriate.
The subj cci lands are currently zoned Rural by the (former) Township of Willoughby Zoning
By-law No. 395. The Rural zone permits agricultural uses, single family dwellings and
public utilities. By-law No. 75-154 added a food processing and packaging plant as a
pet n,itted use on the lands. Repealing By-law No. 75-154 would prevent the use from being
reestablished on the land in the future.
The Region is concerned that the site may be contaminated from its fomier industrial use.
They are also concerned that the property could be developed for an as-of-right use under the
existing zoning or under any future area-wide zoning implementing the Willoughby Land
Use Study without the necessary studies being completed.
Although a number of uses could be established on the land as-of-right under the land's Rural
zoning, the Region has recommended that an environmental assessment should be completed
prior to passage of this by-law because there may not be a further mechanism under the
Planning Act to obtain an environmental assessment prior to development. To address the
Region's comments, it is recommended that the by-law not be adopted until the requested
environmental and archaeological studies are completed. Alternatively, the lands could be
placed in a Holding zone category until the studies are completed.
June 17, 2002 - 4 - PD-2002-59
CONCLUSION:
Repealing By-law No. 75-154 is recommended because it will prohibit the former industrial
use from being reestablished on the lands. The remaining uses permitted by the by-law will
better ensure that the future use of the land will be compatible with existing surrounding
land uses and future planned land uses.
The adoption of the implementing zoning by-law should not occur until an environmental
site assessment and an archaeological assessment is done to the Regional Municipality of
Niagara's satisfaction.
Prepared by:
Planner 2
Respectfully submitted:
~dministrative Officer
Recommended by:
Doug Darbyson
Director of Planning & Development
Approved by:
Tony Ravenda
Executive Director of Corporate Services
AB:gd
Attach.
S:~PDR~2002~PD2002-59, AM16-2002, Marshall Rd.wpd
SCHEDULE 1
LOCATION MAP
Subject Land
Amending Zoning By-law No. 79-200
Marshall Road - West of Niagara Parkway
Applicant: Phil Fisher & Associates
AM-16/2002
:NTS
2002
BRIAN SINCLAIR PROFESSIONAL CORPORATION
BRIAN N. SINCLAIR, Q.C.
Barrister and Solicitor
6617 Drummond Road
Niagara Falls, Ontario
L2G 4N4
Scanned Planning
TEL: (905) 356-7755
FAX: (905) 356-7772
June 6, 2002
Mr. David J. Farley
Director of Planning Services
Planning and Development Department
The Regional Municipality of Niagara
3550 Schmon Parkway
P.O. Box 1042
Thorold, Ontario
L2V 4T7
Dear Sir:
Re: Zoning By-lawAmendment Application
To R-move Food Processing Plant Use
1137768 Ontario Inc.
North Side of Marshall Road, West of Niagara River Parkway
Cit~ File: AM-16/2002
In connection with the above re-zoning which I support fully, I
think that, in view of the fact that the Business Development Bank
did an environmental study and the City did not insist upon one
being done after the demolition of the building, it is totally
unfair to ask the applicant to do this.
I also feel it is not a valid request to do an archaeological
study.
I think the City and the Region should be delighted to see that the
applicant is changing the zoning from its present zoning to
residential and there are no conditions such as this attached at
all.
REOEIVED
JUN 1 22002
I would appreciate if this letter could be given to each of the
members of Council.
Yours faithfully.
BRIAN SINCLAIR PROFESSIONAL CORPORATION
Mr/ndrew Ferri
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
June 17, 2002
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Doug Darbyson
Director
PD-2002-60
Re:
PD-2002-60, Zoning By-law Amendment Application
AM-18/2002, 3736 Kalar Road
Applicant: Eva Fortuna
Proposal for Four Lots for Single Detached Dwellings
RECOMMENDATION:
It is recommended that:
1)
Council approve the Zoning By-law amendment application to establish appropriate zoning
to guide the construction of single detached dwellings on the approved lots and protect the
floodplain of the adjacent watercourse; and
2)
that the comments regarding the erection of a fence along the northerly and easterly property
boundary and Regional review of grading and stormwater management plans be referred to
staff to be dealt with in the future development agreement on the property.
THE PROPOSAL:
The amendment is requested for the land known as 3736 Kalar Road, as shown on Schedule 1. On
February 12, 2002, the City's Committee of Adjustment approved the division of the lands into four
lots for single detached dwellings one of which will contain the existing dwelling. The amendment
is requested to satisfy the severance condition that appropriate zoning be established to guide the
construction of dwellings on the lots, and to protect the floodplain of the adjacent Shriner's Creek
(W-5-1) watercourse. Schedule 2 shows the details of the development.
The land is currently zoned in part Development Holding (DH) and in part Hazard Land (HL). The
zoning of the new lots is requested to be changed to Residential Single Family lC Density (R1C).
The Hazard Land zoning is proposed to be extended to protect the floodplain of the W-5-1
watercourse in keeping with the recommendations of the Niagara Peninsula Conservation Authority.
Working Together to Serve Our Community
Clerk's Finance · Human Resources · Information Systems · Legal · Planning & Development
June 17, 2002
CIRCULATION COMMENTS:
-2- PD-2002-60
This application was circulated to City departments, the Regional Municipality of Niagara, the
Niagara Peninsula Conservation Authority, and the public for comment. The following comments
have been received to date:
Municipal Works
The applicant is required to enter intoa
Development Agreement with the City to address
the extension of sanitary sewers to the property, lot
grading and drainage as a condition of the consent.
Niagara Peninsula Conservation Authority -
Building Division
Parks, Recreation & Culture
Regional Municipality of Niagara
Recommends that the southerly limit of the
residential zone be established by a line 70 feet
south of and parallel to the southerly bOundary of
Part 3 as shown on Schedule 2, this line being the
approximate location of the top of the bank.
No special building setbacks are required in the
Zoning By-law.
All required Building Permits and approvals are to
be obtained prior to commencement of
construction.
No objections to the rezoning, however, want to be
assured that a suitable building setback is applied
to the most southerly lot to reduce any potential
erosion problems.
Recommend that fencing be erected along the
northerly and easterly property boundary to protect
adjoining park. This should be addressed in the
development agreement that is a condition of the
severances.
The Environmental Impact Study (submitted as
part of the severance approval) indicated there are
no negative impacts anticipated as the small-scale
development does not involve removal of the
riparian buffer.
Lot grading and stormwater management plans
should be prepared to minimize potential impacts
on the vegetation and the fish habitat of Shriner's
Creek. These plans should be submitted to the
Region for approval.
Recommend a fence be erected along easterly
property line to protect trees in the municipal
woodlot.
June 17, 2002 - 3 - PD-2002-60
PLANNING REVIEW:
1. The proposal conforms to the Official Plan.
The Official Plan designates the majority of the land Residential and the southerly part
(Shriner's Creek floodplain) Environmental Protection Area. The parkland to the north and
east of the property is designated Open Space, while the Shriner's Creek floodpla'm to the
south of the property is designated Environmental Protection Area. The site is located at the
periphery of the urban boundary. Low density, single detached development is in conformity
with the Residential designation. The area designated Environmental Protection Area would
be zoned Hazard Land in keeping with this designation. An environmental impact study
conducted as part of the severance approval for the property concluded that the development
did not involve removal of the existing buffer area along Shriner's Creek and maintained the
equivalent edge habitat of woodlands to the east and north, and therefore created no negative
impacts. The proposal is considered to conform to the Official Plan.
2. The proposal is consistent with the Northwest Community Secondary Plan.
The lands are designated Residential under this plan, with a park to be established in this
general area. The park has been established to the north and east of the subject lands on City
owned property. The secondary plan directs that residential development on the periphery
of the urban area should be lower density housing, with reverse lot residential frontages
whereever possible, to minimize conflicts with adjacent rural agricultural uses. The
proposal, with its large, single detached lots, conforms with this direction. Reverse lot
f~ontages are not possible due to the abutting parkland. The proposal conforms to the
designations and the direction of this policy plan.
3. The requested zoning amendment is appropriate.
The lands are currently zoned Development Holding (DH). A lot developed under this zone
would be subject to the Residential Single Family 1E Density (R1E) zone. This zoning
establishes a minimum lot area of 370 square metres (3,983 square feet) and a minimum lot
15ontage of 12 metres (39.4 feet). However, the frontages of the proposed lots are between
16 metres and 22 metres (52.5 feet and 75 feet) and the lot areas between 785 square metres
and 1,122 square metres (8,452 square feet and 12,075 square feet). Large lots are
appropriate in this location at the periphery of the urban area. The R1C zone, which requires
a lot area of 550 square metres (5,920 square feet) and a lot frontage of 15 metres (49.2 feet)
reflects the size of the lots and would prevent the future division of them into smaller lots.
Implementation of this zone would fulfill the condition of the severance requiring the
establishment of appropriate zoning.
The property consists of tableland that has been mainly cleared and a floodplain that is still
wooded. A house is located on the cleared land and would be located on one of the future
lots. Future dwellings on the other three lots would also be located on the tableland. Zoning
the floodplain Hazard Land will satisfy the Conservation Authority's interests. The actual
floodline for Shriner's Creek is set several feet within the proposed Hazard Land zone. This
will ensure that construction on Part 4 will not have a significant impact on the floodplain
and reduce any potential erosion problems.
June 17, 2002 - 4 - PD-2002-60
The request for a fence along the northerly and easterly property boundary, intended to
prevent encroachments onto City owned parkland, and the Region's request for review of
grading and stormwater plans, should be dealt with by the development agreement to be
prepared as part of the severance approval for the lands.
CONCLUSION:
The R1C zone is appropriate for these approved lots, which conform to the Official Plan, and would
fulfil a condition of the severance approval for the property. The valley area would be zoned Hazard
I_ands to protect the floodplain.
Prepared by:
Andrew Bryce
Planner 2
Recommended by:
Doug Darbyson
Director of Planning & Development
Respectfully submitted:
ohn MacDon~P~d~
~dministrative Officer
Approved by:
Tony Ravenda
Executive Director of Corporate Services
Attach.
S:~DR~2002~D2002-60, AM 18-2002, Fortuna, Kalar Rd.wpd
SCHEDULE 1
LOCATION MAP
Subject Property ~/~
Amending Zoning By-law No. 79-200
3736 Kalar Road
Applicant: Eva Fortuna
AM- 18/2002
1 :NTS
KALAR <to~--~ --~ ROAD
\
\
PART
UBJECT
LANDS
CITY OF NIAGARA FALLS
KEY PLAN (NO~
APR 2 ;~ 2002 /
~,,,~r~NIl~ /
PART 8o PLAN RD-254
June 11,2002
PLANNING AND DEVELOPMENT DEPJ RTMENT ltd
The Regional Municipality of Niagara
3550 $¢hmon Parkway, P,O. Box 1042
Thorold, Ontario L2V 417
Telephone: (905) 984-3830
Fax: (905) 641-5208
E-maih plan@ regional.niagera.on.ca
Planning
Scanned
File: 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
East Side of Kalar Road, North of Thorold Stone Road
Eva Fortuna
City of Niagara Falls
Your File: AM-18/2002
REC)EIVED
JUN 1 1 20{)2
Regional Planning staff has reviewed the above noted application to rezone the subject
lands from Development Holding (DH) to Residential Single Family lC Density (R1C)
zone to permit single detached dwellings. The Hazard Land (HL) zoning, that affects
part of these lands, is proposed to be extended to reflect the floodplain of Shrineds
Creek. The property is approximately 0.59 hectares (1.46 acres) in area and is
intended to be divided into 4 single detached lots, one of which will contain an existing
dwelling. The City's Committee of Adjustment recently approved consent applications
(B5, 6 & 7/2002 NF) for this purpose and imposed a condition to rezone the property.
These lands are in the Urban Area Boundary for the City of Niagara Falls according to
the Regional Policy Plan. A majority of the property is designated Residential while the
southerly portion, comprising the Shriner's Creek valley is designated as an
Environmental Protection Area in the Niagara Falls Official Plan. Shriner's Creek is also
identified as an environmentally significant area in the Regional Policy Plan.
The proposed residential zoning will reflect the general land use pattern and density
established in the nearby Mount Carmel subdivision. Although the proposed density is
Iow, the natural area toward the south end of the site restricts the provision of an
additional residential lot.
Shdner's Creek is identified as an Important (Type 2) Fish Habitat by the Ministry of
Natural Resources and is subject to floodplain regulations of the Niagara Peninsula
Conservation Authority. An Environmental Impact Study (ELS) Checklist, prepared by L.
Campbell & Associates (April 15, 2002), was submitted for review in accordance with
the Region's ElS guidelines for development in or adjacent to significant natural
heritage features. The ElS indicates that the southerly limit of the lot adjacent to
Shriner's Creek will extend only 70 feet from the north property line. However, this
appears to be applicable to the proposed zoning line, not the proposed lot line, since it
is our understanding that the hazard land is not expected to be conveyed to the City. In
any event, the proposed zoning will restrict residential development to the table lands
above the top of bank. This will afford a degree of protection for the existing vegetative
buffer along the Creek to prevent erosion and maintain water quality. The ElS
concludes that there are no negative impacts anticipated since this is a small scale
development that does not involve the removal of the riparian buffer.
Currently, lot grading of the existing residential property generally directs ovedand
drainage flow toward roadside ditches along Kalar Road. Proposed lot grading and
stormwater management plans should be prepared to minimize potential impacts on
vegetation and the adjacent fish habitat. This should be submitted to the Regional
Planning and Development Department. The Niagara Peninsula Conservation Authority
(NPCA) will be requested to review this information on the Region's behalf. The NPCA
may also have more specific requirements on this development proposal that should be
regarded.
The ElS indicates that tree removal is expected to be minor and will not have an
adverse Impact on the larger woodland area. Tree conservation Is recommended along
the east side of the site. In this regard the City may wish to consider a requirement in
the development agreement for a chain link fence along this boundary to protect trees in
the municipal woodlot from possible future encroachmerlts or damage.
In conclusion, Regional Planning staff would not be opposed to the zoning by-law
amendment application from a Regional and Provincial planning perspective subject to
the Implementation of the Environmental Impact Study and a stormwater management
plan through the development agreement to be entered into with the City.
Yours truly,
-, David J. Farley
Director of Planning Services
C:
Mr. D. Darbyson, MCIP, P, PP, Director of Planriing, City of Niagara Fails
Ms. S. Mclnnes, Niagara Peninsula Conservation Authority
M;~ISWORD'.~C~NFzbla~(ala rFo~una.doc
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-2002-54
June 17, 2002
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re: PD-2002-54, Report on Request for
Additional High-Rise Hotel Guidelines
RECOMMENDATION:
It is recommended that City Council maintain its current Built From Design Guideline criteria for
the high-rise tourist core.
BACKGROUND:
At the May 13, 2002 Council Meeting, staffwas directed to "review the policies respect'mg high-rise
buildings away from the edge of the escarpment and prepare design guidelines on the matter". This
report responds to that request.
HISTORY:
The issue of high-rise buildings in the tourist core has been the subject of extensive study and debate.
In 1987, City Council adopted the Hotel Study Interim Guidelines "to guide the development of new
high-rise hotel accommodations in the City until such a time as appropriate Official Plan policies
are formally adopted by Council". These guidelines were intended as a temporary measure to protect
the City's long term interests. Concerns raised by the Niagara Parks Commission resulted in a 1988
multi-party agreement referred to as the Memorandum of Understanding (MoU). The MoU required
that detailed Official Plan policies be prepared for the environs of Queen Victoria Park and River
Road. The policies were to include goals and objectives, as well as to specifically address "the
height and massing of buildings and structures, and other appropriate directions for the preparation
of implementing zoning by-laws, site plan agreements (and) sign by-laws".
Working Together to Serve Our Community
Clerk's · Finance · Human Resources · Information Systems · Legal Planning & Development
June 17, 2002 - 2 - PD-2002-54
The City initiated the Tourism Master Plan Study which proposed the use of "view planes".
Unfortunately, no agreement could be reached on the use of the view planes and the preparation of
policies stalled. In 1997, Mr. David Crombie was hired to assist with a visioning exercise for the
City and Urban Strategies was hired to undertake the work of preparing the Tourist Area
Development Strategy (TADS). The combined cost for this was approximately $170,000.
THE VISION:
The Vision statement found "the urban design, massing, architecture and site planning of many of
the existing high-rise buildings and complexes close to the escarpment are incompatible with
creating an intemational quality setting of Niagara Falls". Among the goals set were:
to ensure that the skyline seen fxom Queen Victoria Park enhances the setting of Niagara
Falls; and
to establish a system of regulating building massing and particular building height that will
ensure that development enhances the setting of Niagara Falls.
This vision was further refined:
to provide a setting for a limited number of high-rise towers in the Fallsview District and thc
block surrounding Casino Niagara (temporary site), within an urban design structure based
on extensive greening and street-oriented podium buildings as part of the creation of a
skyline for Niagara Falls; and
to permit only point high-rise towers above podium level, and not slab buildings, to be built
in selected locations within the Central Tourist Zone, in return for an agreement by the owner
to submit the proposal to peer design review and to provide certain public benefits.
THIS NOT THIS
June 17, 2002 - 3 - PD-2002-54
The vision provides for a narrow band of high-rise hotels one block wide above the escarpment.
This vision was incorporated into TADS with a strip of land above the moraine for 30-storey
buildings, followed by an area of 20-storeybuildings, and then an area for 12-storey buildings closest
to the City. During the public consultation process the vision was compromised when, in response
to pleas from the lawyer representing property owners in the tourist core, the area of 30-storey
buildings was extended by Urban Strategies to include lands west to Allendale Avenue and through
to Ellen Avenue. At the time the area was expanded, it was argued that everyone in the tourist core
must be treated equitably. In order to ensure the system was fair, the policies to guide high-rise
buildings were to be universally applied across all properties within the area(s) of additional height.
In response, Urban Strategies recommended a policy that new high-rise buildings not form a
continuous wall when viewed from the City because of the potential effects on the surrounding areas
as a result of the expanded 30-storey height district.
CURRENT SITUATION:
Thc design guidelines of thc Tourist Area Development Strategy were accepted for use by Council
on July 13, 1998. The new Tourist Commercial policies of Official Plan Amendment No. 26 were
adopted by Council on December 6, 1999 and subsequently approved by the Region on May 30,
2000. OPA No. 26 provides for building heights up to 30 storeys in the tourist core. Applications
for additional building height are subject to zoning by-law amendment in accordance with a system
of built form regulations.
While the original concern about building height stemmed from the impact it would have on Queen
Victoria Park, once the area for high-rise buildings was expanded, the impact bnildmg heights and
massing as viewed from the City became a concern. Accordingly, the policy provides that "new
high-rise buildings shall be of variable heights and mass and shall not form a eontinuons wall
when viewed from Queen Victoria Park, the U.S. side or the City of Niagara Falls" (emphasis
added). The scale and extent of development which is occurring, even on properties away from the
escarpment edge, could easily lead to a situation where high-rise development will have an
overwhelming effect on the surrounding character of the area. It is, therefore, essential that all
properties be treated uniformly with respect to built form criteria and architectural peer review. In
June 1999, Council adopted the Tourist Area Development Application Guide and its attendant
design criteria.
In 2001, the City's use of design guidelines was challenged before the Ontario Municipal Board.
The Board found:
that a specific set of built form regulations and design criteria has been established, is in
place and is being applied; and
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.
June 17, 2002 - 4 - PD-2002-54
CONCLUSION:
The establishment of the current system of built form controls was subject to lengthy study, intensive
public scrutiny and consultation, and in the words of the Board are "carefully thought out" and "fully
rationalized". The guidelines were put in place to apply to the whole of the high-rise area to ensure
consistency and fairness. To alter the guidelines now would open the whole process to public debate
and would necessitate extensive study. The current guidelines are designed to be implemented in
a flexible manner to recognize the unique features of each site and encourage architectural quality.
The design criteria must be implemented in a manner which maintains the purpose and intent of the
Official Plan. The overall effect is to minimize the impact on both the park and city environments.
However, should Council feel strongly that a new study should be undertaken to develop new
guidelines in areas distant from the escarpment, this matter may be referred back to staff for further
consideration.
Prepared by:
Alex Herlovitch
Deputy Director of Planning & Development
Respectfully submitted:
Recommended by:
Director of Planning & Development
Approved by:
Tony Ravenda
Executive Director of Corporate Services
AH:gd
SSPDR~2002~PD2002-54, High-Rise Hotel Guidelines.wpd
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-2002-61
June 17, 2002
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re:
PD-2002-61, Site Plan Application SPC-14/2001
NorthweSt Corner of Stanley Avenue and Dunn Street
Rudan Holdings Limited
Proposed Crowne Plaza Hotel
RECOMMENDATION:
It is recommended that Council endorse the revised design and cladding of the Crowne Plaza Hotel
to facilitate staff's future approval of the site plan application.
PROPOSAL:
Rudan Holdings Limited has submitted a site plan application for the Crowne Plaza Hotel which is
proposed to be built on the northeast comer of Stanley Avenue and Dunn Street, as shown on
Schedule 1. Council's endorsement of the revised design and cladding of the proposed hotel is being
sought because they have been significantly changed since the zoning by-law was approved in 2000.
BACKGROUND:
On July 17, 2000, Council adopted By-law No. 2000-153 to permit the construction of the 30-storey
Crowne Plaza Hotel on the northwest comer of Stanley Avenue and Dunn Street. This approval was
based on the design illustrated on Schedule 2. In May of last year, Rudan Holdings filed a site plan
application with a significantly different design as shown on Schedule 3. The revised design lacked
a roof feature, surface articulation on the tower portion, and included an enlarged 4-storey podium
that extended to the comer of Stanley Avenue and Dunn Street. The Architectural Peer Review
(APR) panel was requested to determine if the revised design still conformed to the intent of the by-
law and TADS guidelines.
The APR panel reported back on March 12, 2002 indicating concerns with the lack of a roof feature
and surface articulation. The report noted that there was no distinguishing between the tower and
mid-tower portions of the building and that the stucco material used could diminish in quality over
time. The report also indicated that the proposal did not favourably impact on the skyline due to the
absence of a skyline element.
Working Together to Serve Our Community
Clerk's · Finance . Human Resources Information Systems · Legal · Planning & Development
June 17, 2002 - 2 - PD-2002-61
The applicant submitted revised elevations on June 4, 2002 as shown on Schedule 4. These
elevations show a distinct roof feature and greater surface articulation to break up the mass of the
tower. Instead of stucco panels, metal panels are proposed to be used on the tower which will better
withstand the elements. The podium is to be of a masonry construction with a granite entrance
facade.
PLANNING REVIEW:
The plans and drawings were reviewed by the Architectural Peer Review panel and City staff.
Architectural Peer Review
Attached is a copy of the report from the Architectural Peer Review (APR) panel dated June 12,
2002. The report acknowledges that the architect has worked with the APR panel to address
previous concerns about the lack of a roof feature, surface articulation, and the surface material
proposed to be used. The APR panel believes that certain further refinements could and should be
made to the project, but are of the opinion that "the project is now positioned within the intentions
of TADS and OP No. 26 and should receive permission to proceed".
Staff Review
City staff accepts the report of the Peer Review panel. A number of technical issues remain to be
addressed before staff can approve the site plan and development can proceed. The most significant
issue is the Region's request to move the most northerly driveway further north to the property line.
This may entail some minor changes to the podium of the hotel at its northeast corner. Staff is
meeting with the architect and the Region next week in an attempt to resolve this issue. Council's
endorsement of the revised design and cladding will enable staff to approve the site plan application
as soon as the access issue is resolved.
CONCLUSION:
It is recommended that the revised design for the proposed Crowne Plaza Hotel be endorsed.
Planner 2
Recommended by:
~Doug Darbyson
irector of Planning & Development
o~~ MacD~on~spectfully submitted:
V Chief Administrative Officer
Approved by:
Tony Ravenda
Executive Director of Corporate Services
AB :tc
SSI'DRk2002~PD2002-61, SPC 14-2001, Crowne Plaza.wpd
SCHEDULE I
Subject Land
Location Map
Dixon Street
Ontario
Dunn Street
Part of Ranges 8, 9, & 10
City of Niagara Falls Company Plan
Former Township of Stamford
now know as Plan 1 in the City of Niagara Falls
Applicant: Rudan Holdings Ltd.
SPC-14/2001
1 :NTS
S:~81~opln~SPCfik~nO0 BSPC 14-01 k-Mappiag.~pr l~e 2002
SCHEDUI~E 2
SCHEDULE 3
CUSIMANO ARCHITECT INC
CROWNE PLAZA HOTEL
FOR RUDAN HOLDINGS
STANLEY AVENUE
NIAGARA FALLS, ONTARIO
SCHEDULE 4
GU~tMANO ARGHJ'TECT
CROWNE P~A HOTEL
FOR. RUDAN HOLOfNGS
JUNE 2002
THE KIRKL'AND PARTNERSHIP
I N C. A IL C It I T E C 1' S
Mr. Doug A. Darbyson, Director
Planning & Development Department
The City of Niagara Falls
4310 Queen $1~ee~
P.O. Box 1023
Niagara Falls, entre
L2E 6X5
June 12, 2002
Project No,: 01~559
RIe No.: 1.1.1
Page1 of 1
Via Fax: (905) 356-2354
Dear Mr. Darbyson
Re: CROWNE PLAZA
Niagara Falls, Ontede
I have worked wilfl Mr. Cusimano, Architect for lhe project, in making
revisions to the Cmwne Plaza pmpo{al in response to the Peer Review.
The review listed concerns with ma
of the top of the structure.
Materially the building is substantiall,
metal cladding for what was pmvioul
The building is articulated be{h ve~
offset planes in several locations,
comices.
;riality, articulation and development
improved and provides masonry and
ya largely stucco structure.
ically and horizontally and pmvkles
emphasized by the employment
The buildings top provides very la,'rge metal gables mminiscant of a
chateau style, executed in a simplified form. While I believe certain
refinement could and should be ma,de the project is now pesilioned within
the intentions of TADS and OP 26 and should receive permission to
proceed.
I would be happy to continuel conversations concerning further
refinements if {hat is the desire ofth~ parties.
Yours truly,
TI~RKLAND ~N~~INC.
Principal; Chair, Peer Review Panel
RECEIVED
JUN 14 2002
225 Richmond Sltee~ Wllsl, Suil'B 500, 'l'oronl'o, Onl~lrio M5V lW2
Tel: (416) 971.6680 Fax: (416) 977-1327 e-maih kitl~landOistat'.ca
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
June 17, 2002
Doug Darbyson
Director
PD-2002-62
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re: PD-2002-62, Comments on Valleyland
Plan Input and Review Policies
RECOMMENDATION:
It is recommended that:
1) Council approve in principle the Valleyland Plan Input and Review Policies;
2)
the NPCA be requested to better identify the types ofvalleylands in Niagara Falls in order to assist
the City in incorporating valleyland requirements in its planning documents through the Official
Plan and Zoning By-law updates; and
3) policies regarding public ownership of and access to valleylands be clarified.
BACKGROUND:
The Niagara Peninsula Conservation Authority (NPCA) has circulated Valleyland Plan Input and Review
Policies for comment. The NPCA expects to receive comments on the policies by June 30, 2002. The
purpose of this report is both to inform Council of the highlights of the report and advise the NPCA of any
issues or how the City will deal with the policies.
The Valleyland Plan Input and Review Policies have been revised based on consultation with municipal
planning staff. The revisions introduce policies regarding stream corridors to protect fish habitat, clarify
setback requirements from slopes and stream corridors, incorporate floodplain policies and introduce
policies to require valleylands to be placed in public ownership when new lots are created. The policies
attempt to provide a hazard management approach by providing setback requirements from the top o fbank
to protect slopes but also to protect the environmental qualities of our valley systems. The attached Figure
1 illustrates the physical features of a typical valley. The key highlights of the Plan Input and Review
Policies are as follows.
Working Together to Serve Our Community
Clerk's · Finance · Human Resoumes · Information Systems Legal · Planning & Development
June 17, 2002 - 2 - PD-2002-62
1. Setbacks where bank height is equal to or greater than 3 metres
In this case, a 7.5 metre setback will be required for any development from the top of the bank.
No development is permitted within the slope. If the valley slope shows signs of existing
instability then a geotechnical study may be required to determine if a greater setback is required.
2. Setbacks where bank height is less than 3 metres
In this case, the setback from the top of bank is the greater of either the floodplain or the required
vegetative buffer to protect fish habitat. A 15 metre vegetative buffer is required for Type 2 or 3
fish habitat creeks, while a 30 metre vegetative buffer is required for Type 1 creeks.
3. Existing Lots
For existing lots of record the same above noted policies would apply depending on the height of
the valley bank. For existing lots, a reduction in the setback would only apply if the lot depth
cannot accommodate the setback and a geotechnical investigation substantiates the new setback.
In no case is development permitted beyond the top of bank.
4. Protection of valleyland and setback area
With respect to the valleylands and the various setbacks mentioned above, the NPCA requires
these areas to be placed in an open space or conservation area zone. For new lots or blocks in a
subdivision, the Authority may require a clause in the Agreements of Purchase and Sale requiring
the maintenance and/or enhancement of existing and natural vegetation within the buffer area and
that no building, structures or septic systems are permitted within the setback area.
5. Public Ownership
The Valleyland Plan policies encourage public ownership ofvalleylands when dedicated through
the plan of subdivision process. In a situation where the municipality does not have an interest in
obtaining ownership of valleylands for public open space purposes, the NPCA will consider
assuming dedicated lands if they are contiguous with lands currently owned by the NPCA or are
within an area eligible for tax incentive programs. If no one is willing to accept ownership of
dedicated lands, an exception to the policy may be granted provided the lands are put in a proper
conservation type zone and lots do not extend beyond the top of slope.
6. Update of Planning Documents
The NPCA is requesting municipalities to update their Official Plans and Zoning By-laws.
MUNICIPAL SITUATION:
Currently, the City is in the process of updating its Official Plan and Zoning By-law. Basically, because
the City has designated either the one in 100 year or Regional storm floodplains for various stream
corridors as Environmental Protection Areas (EPA's), the valleylands are already protected. Through the
Official Plan update, a policy more specifically orientated to protecting valleyland systems can be
incorporated within the EPA policies.
June 17, 2002 - 3 - PD-2002-62
The above noted Valleyland Policies will be forwarded to the planning consultant responsible for the
City's Zoning By-law update. In most cases, the valleylands in Niagara Falls are wide and shallow, as
opposed to those in St. Catharines and Pelham, where bank height is probably less than 3 metres in height
in most circumstances. There may however, be specific locations where bank height exceeds the 3 metre
level. The NPCA will need to identify areas where bank height exceeds 3 metres so that the City can
adequately deal with these areas in the Zoning By-law. The Valleyland Plan indicates the NPCA shall
identify and define valleylands.
With respect to public ownership of valleylands a stronger policy for ownership may be required.
Currently, the City does not accept Environmental Protection Areas as parkland dedication because the
City needs the lands for usable playground parks. Despite the lands not being developable due to
floodplains, etc., some developers do not want to dedicate the lands but want to be compensated in some
fashion. In order to achieve public ownership, stronger policies are needed at the municipal, regional and
NPCA levels. Further clarification would also be beneficial regarding fencing issues if the lands are put
in public ownership. Would or should gates providing public access be provided? While the City has
approved gates in fences around neighbourhood parks this could create problems for natural valleyland
areas. For example, there has been a problem with grass cutting to the waters edge along Shriner's Creek
because of public access. Other potential problems could be vegetation removal and dumping.
CONCLUSION:
In conclusion, the Valleyland Plan Input and Review Policies contain criteria and requirements to protect
both valley slopes and ecosystems. Further clarification will be needed to more specifically identify the
types of valleylands in Niagara Falls and to clarify and strengthen policies on public ownership of and
access to valleylands.
ared by:
Dave Heyworth
Planner 2
Recommended by:
Doug Darbyson
Director of Planning & Development
VChief Administrative Office//l°lm MacDonald. -- Jr
Approved by:
Tony Ravenda
Executive Director of Corporate Services
DH:gd
Attach.
S:'xPDRk2002\PD2002-62, Valleyland Plan Comments.wpd
NIAGARA PENINSULA
CONSERVATION
A U T H O R I T Y
250 Thorold Road West, 3rd Floor Tel (9o5) 788-3135
Well, nd, Ontario t3C 3W:e Fax (~o5) 788-112!
E-malE npcaOconservation-nlagara.on.ca
FIGURE 1
The Physical Features of a Typical Valley
VALLEY
&GIF
6065 Progress Street Niagara Falls, Ontario L2E 6X8 Tel. (905) 371-9993 Fax (905) 358-7005
June 6, 2002
Your Worship Mayor Thomson
And Members of Council
Niagara Clock & Git~are is a family owned/operated small business manufacturer
located in the Stanley Avenue business park. We produce fine clocks and giflware which
are sold wholesale, as well as to consumers from our manufacturer's factory
outlet/showroom. Complete repair service is provided to round out the overall services to
our customers.
Our manufacturing operation has been successful in the past several years. One primary
reason for this is due to the directional signs located on Stanley Avenue to direct
businesses and consumers to find our location in the park. Many business representatives
have discovered our facility via the directional signs while in the Stanley Avenue area,
resulting in orders being placed. Last week City Staff requested the removal of our
temporary signs along Stanley Avenue. Within the first week the results have indicated
that our customers cannot find out where we are located, ffthis continues it will force our
business to close, resulting in the loss of two full time and two part time positions.
We are requesting City Council to consider our special sign permit for directional signs to
be placed along Stanley Avenue. See our attached sign drawings.
There would be no cost to the city, as we would fabricate, install and maintain these
signs. We also pledge to work with city officials necessary to make sure that everything
meets the city's approval.
Respectfully yours,
Anthony A. ~ ga~r
Lorraine L. Bolgar
PLANNING MEETING_ _.JUN
Proposed sign 1
(double sided)
Marineland Exit
Progress St
NIAGARA CLOCK
& GIFTWARE
Proposed
sign 2
/
FACTORY OUTLET
6065 Progress Street
Frame constructed of 4" X4"
pressured treated lumber
Sign Is 1/8" thick painted aluminum plate
~-Marineland sign
Marineland Parkway
Club Italia Lodge No. 5
R.R. #1, 2525 Montrose Road
Niagara Falls, Ontario, Canada L2E 6S4
Phone: 905-374-7388 · Fax: 905-374-2044
LIBERTY - EQUALITY - FRATERNITY
May 31, 2002
The City of Niagara Falls
P.O. Box 1023, 4310 Queen Street
Niagara Falls, Ontario
L2E 6X5
Attention: Deputy City Clerk and City Council - for information on,ly
Dear Sir or Madam:
Please be advised that Club Italia's annual picnic will be held in our park on
July 14, 2002.
During this event, we are planning to sell beer from a tent. This area has a regular liquor
license (outdoor license) (plastic eomainers only will be used), and the tern area will be
used for selling the beer only, no one else will be inside the tent area. (small tent only, to
comain beer & cashier)
This year we have again decided to include a pyrotechnic fireworks display. Please be
assured that we have the proper insurance and license for this display. The person
supervising this display is Mr. Gary Labelle &/or Michael Bohonos from Garden City
Firework(905-363-8670) and they have assured us that they have comacted the fire
department.
If further infoi-mation is needed, please do not hesitate to contact us.
~FrankYOurS truly,
Candeloro
Manager, Club Italia
PLANNING ~EETIN~ .ri U N i ~' 200~ ___
www.clubitalianiagam.com · email: clubitalia@computan.on.ca
INTER-DEPARTMENT MEMORANDUM
l~If4G. FRLL.S CLERKS'O~ 0(:~.')3 1~:3~
TO: Dean Iorfida DATE: June 3, 2002
City Clerk
FROM: John Laur
Please be advised that Club Italia, located at 2525 Montrose Road, has satisfied the requirements of
the Niagara Falls Fire Department to hold a fireworks display on July 14, 2002. Therefore, we have
no objections to this proposal.
Yours in fire safety
John T. Laur
Director of Fire Prevention
JTL:mw
APPLICATION FOR PURCHASE
FIREWORKS CLASS 7.2.2
1. The applicant must be the operator in charge of discharging the pyrotechnic devices.
2. This demand is to be sent with the order to the supplier.
{3arden City Display Fireworks
4637 Lincoln Beams~ille, Ont~Ho
L0R tB3
Fax/Phone 905563-8670
1-8655t8-8801
gardenfx~rnergetel.com
I submit this application for buying class 7.2.2 pyrotechnic devices on behalf of:
MYSELF: or: SPONSORING ORGANIZATION: Club Italia
ADDRESS' R2525 Montrose Rd. Nia,qara Falls On,
FIRING SITE: Behind Park
DATE: July 14/2002,
RAIN DATE (IF APPLICABLE) T.B,A. TIME: Dark
I hereby certify that I am the holder of a valid pyrotechnician license, that I have read and understood the guidelines
and safety procedures of the pyrotechnician's handbook, that I will follow them, and that I will follow the manufacturer's
instructions regarding each pyrotechnic device.
NAME: GARRY LABELLE
PHONE #:
SAME AS GARDEN CITY
ADDRESS:
PYROTECHNIC CARD NUMBER: D03898
LEVEL: 2 EXPIRY DATE: May 2003
DATE: ,,,May 31 2002
REPRESENTATIVE OF GARDEN CITY DISPLAY FIREWORKS SIGNATURE:~L'-~-
MUNICIPAL AUTHORITIES AUTHORIZATION
N.B.: This section is reserved to the authorities having jurisdiction o~er the event.
The applicant has complied with all local laws and regulations and is therefore authorized to discharge class 7.2.2
pyrotechnic devices at the E~~
time and place mentioned above.
F re chief, police chief or mayor
SIGNATURE FROM A TOWN REPRESENTATIV
C,TY,TOWN' Ob-
May 15, 2002
City of Niagara Falls
Attn: Mayor Wayne Thomson
4310 Queen Street
Niagara Falls, Ontario
Dear Mayor:
On behalf of Peterson Community Workshop I would like to take this
opportunity to extend our most sincere gratitude to you for your
assistance in making our Grand Re-Opening a success.
We have had tremendous feedback regarding our goals and renewed
interest from the Community. Without the support shown by your
offices, we realize this achievement could not have been reached.
Your speech the day of the re-opening was so positive and we thank you
for your commitment to future development of Petersons in resurrecting
this building to what it once was, in hopes of servicing its Community.
The new Board and current members look forward to working with the City
and are indebted for the current steps taken, and appreciate that
potential funds required for this venture are meaningfully budgeted
from your office as it is a designated historical building.
There are many opportunities available on the horizon and with the
positive outlook we all hold, it won't be long before Petersons
Community Workshop is accepted as an integral educational facility,
servicing the young and young at heart.
With regard to maximizing our potential, we respectfully acknowledge
the importance of keeping the communication stream open. Therefore,
the Board is requesting that, perhaps to be fully aware of what our
limitations are, we elect a liaison to our Board, not in the capacity
of a voting director, but just as a liaison to sound off possible
ideas. The person we would appreciate electing liaison is Alderman
Shirley Fisher. She has shown continued support, encouragement and
genuine interest in the future of Petersons and its Community and we
are positive that she would be an asset to our Directors. Would you
please advise whether this is acceptable or if it would conflict with
her position of Alderman. We appreciate your consideration in this
matter and look forward to a response at your earliest convenience.
With all that you oversee in this fantastic City of ours, we want you
to know how thankful Petersons is, that you have taken the time for an
interest in the arts, culture and education. Your dedication to the
people of Niagara is to be commended.
Respectfully,
Kathy Etherington, Chair
905-295-3857
email: ketherington2@cogeco.ca
To:
Mayor Wayne Thomson
and Members of City Council
Subject:
Team Canada vs. Team Italy
Charity Dual Boxing Meet
Niagara Falls Arena
Saturday July 6, 2002
June 13, 2002
Dear sirs/madams:
Please accept this letter as a request from "The Mike Strange Boxing Club" to waive the fees
incurred at Niagara Fails Arena in order to present the Team Canada vs. Team Itaiy charity dual
boxing meet on Saturday July 6, 2002. In an effort to raise funds for local charities in Niagara
Fails, Mike has agreed to join Team Canada as it challenges Team Italy in a memorable sporting
event which will take place fight here in Niagara Fails
It is our intention to provide the citizens of Niagara Fails with a great evening of boxing and at
the same time, raise funds for local charities. Mike has been one of this city's greatest supporters
and it is his wish that other local organizations such as the Canadian Cancer Society (in memory
of Gary Hendershot), Minor Boxing, Girls and Boys Minor Hockey, Niagara/Brock Amateur
Wrestling and the Chippawa Riverhawks Jr. 'C' Hockey Club will benefit from this evening as
well. Lets help the City's greatest ambassador raise funds for the City's youth as he attempts to
pay back the City who has helped him so much over his illustrious career.
Yours sincerely,
Allan Judge
Canada/Italy
Charity Boxing
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
June 17, 2002
Adele Kon
Director
R-2002-34
His Worship Mayor Wayne Thomson,
and Members of Municipal Council,
City of Niagara Falls, Ontario
Members:
RECOMMENDATION:
R-2002-34 - Canada Day 2002
It is recommended that this report be received and filed for information.
BACKGROUND:
The Niagara Falls Canada Day Committee has an exciting program planned for Canada's 135th
Birthday on Monday, July 1, 2002. This popular event attracts many people to the Optimist Youth
Park, with activities taking place from 11:00 a.m. to 5:00 p.m.
This year's theme is Celebrate Canada... "Niagara Falls Style". The Festivities start with a Parade
from the Delta Monte Carlo Bingo parking lot on Drummond Road. The Grand Parade Marshall will
be the first baby born in Niagara Falls in the year 2002. The Thorold Pipe and Dram Band and the
Lincoln and Welland Regiment Band will be participating in the Parade, along with more than 80
entries received to date. Additional festivities for this year at Optimist Park include two Lumberj ack
Shows, the Crowning of Miss Niagara, Tom Bishop's Wild West Show, FSPW Wrestling Show,
Remax Hot Air Balloon Rides, children's inflatable play station, free pony rides, Classic Car Show
and popular youth groups including, The Rick Rose Band, Cope, Outta Bounds, Paul Antonio Band,
One Eyed Jacks, Tributes to Britney Spears, Shania Twain, Christine Aguilera, and much much
more.
The Opening Ceremony will once again include the singing of 'O Canada', winners of the Essay
Contest, Good Citizen Awards, as well as a special presentation to the Parade Grand Marshal. The
community is supporting the Canada Day event and donations have reached $10,030.00 (summary
attached).
~Vorking Together to Serve Our Community
Municipal Works Fire Services Parks, Recreation & Culture Business Development
June 17, 2002 - 2 - R-2002-34
CONCLUSION:
The Niagara Falls Canada Day Committee would like to extend an invitation to Members of City
Council and all citizens of Niagara Falls to attend the Celebrations at Optimist Youth Park on
Monday, July 1, 2002. This is a free event that is guaranteed to provide something for the entire
family.
Resp~ly Submitted:
Alderman Kim Craitor
Chair, Canada Day Committee
VS/das
Attachment
S:\Council\Counci12002~R-2002-34 - Canada Day 2002.wpd
2002 Canada Day Donations
Revised June 11102
Casino Niagara $2,500.00
John Howard Society of Niagara 50.00
Mary Ward School 75.00
Niagara District Girls Hockey Association 100.00
Heart Niagara 100.00
St. Francis Liberal Catholic Church 100.00
Canadian Corps Ladies Auxiliary 200.00
Ukranian Canadian High Horizon 100.00
Cade Holdings Inc. 50.00
Stamford Lions Club 100.00
Kentucky Colonel of Niagara 100.00
Niagara Falls Sertoma Club 200.00
Greater Niagara Baseball Association 100.00
Niagara Falls Federal Riding Liberal Association 200.00
Knights of Columbus 200.00
Italo Canadian Centennial Club 100.00
Niagara Marco Polo Foundation 100.00
Niagara Falls Nature Club 50.00
Niagara Falls Horticultural Society 25.00
David Hicks 10.00
Niagara Ten Club 1,000.00
Downtown Board of Management 50.00
Niagara 21st Group 100.00
Niagara Falls Labour Charitable Foundation 2,500.00
Stamford Lioness Club 200.00
First Niagara Insurance 100,00
Niagara Shrine Club 120.00
Canadian Heritage Federal Government 1,500.00
TOTAL I $10~030.00
s:\events\Canada Day~2.001\donations\business. 123
The City of
Niagara
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-maih akon@city, niagarafalls.on,ca
June 17, 2002
Adele Kon
Director
R-2002-35
His Worship Mayor Wayne Thomson,
and Members of Municipal Council,
City of Niagara Falls, Ontario
Members: Re:
R-2002-35
Canada Day - Free Swimming
RECOMMENDATION:
That City Council authorize free swimming at the four (4) Municipal Pools on Monday, July 1,2002,
as part of the celebrations planned for Canada's 135th Birthday.
BACKGROUND:
The Niagara Falls Canada Day Committee is again coordinating the celebrations for Canada's
Birthday. A busy day of entertainment, exhibits, games, classic car show and demonstrations are
planned with a Parade starting offthe Celebration at 11:00 a.m.
It is the Committee's hope that the children of the City of Niagara Falls will further be able to enjoy
and remember Canada's Birthday, through the aimual offering of free swimming.
Respectfully Submitted:
VS/das
Kim Craitor, Alderman
Chair, Canada Day Committee
S:\CounciI\Counc{12002XP.-2002-35 - Caaada Day Fre~ Swimming.wpd
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
His Worship Mayor Wayne Thomson
and Members of Municipal Council
City of Niagara Falls, Ontario
Patrick R. Burke
Fire Chief
FS-2002-10
June 17, 2002
Members:
Re: FS-2002-10 - Responses to Hazardous Material Incidents
RECOMMENDATION:
That Council authorize the City to enter into an agreement with various hazardous waste haulers for
the control, cleanup and disposal of various hazardous materials.
BACKGROUND:
The Fire Services respond to various hazardous material incidents that can involve a high degree of
expertise and expensive equipment that are presently beyond the capabilities of the Department. In
some rare instances, the cost for cleanup can go into the millions of dollars. While, under normal
circumstances, the cost for cleanup is the responsibility of the carrier, owner, etc., it could also
become the responsibility of the City. In order to protect the City from any legal responsibility for
this type of incident, the Fire Services need to renegotiate agreements with private hazardous
material handlers as this is the most cost effective and safest way to handle this type of situation.
The City has benefitted from similar agreements in recent years (FD-96-07 copy attached).
In order to accomplish this, the Fire Services has been in consultation with various companies that
have agreed to enter into an agreement with the City that would exempt the City from any such
cleanup costs.
Assistant Chief
Approved by:
Director of Fire Services
Recommended by:
Fire Chief
Att.:
PRB:rs
/J~spectfully submitted:
Smoke Alarms Save Lives - Check Your Smoke Alarm
}Forking Together to Serve Our Community
~r Corfleld, Fire Chief
5809 Morrison Street
Niagara Falls, Ontario
L2E 2E8
TFI,
FD-96-07 FROM
August 26, 1996
Alderman Gary Hendershot, Chairperson
and Members of the Community Services Committee
Members:
Re: FD - 96-07 - Responses to Haza
Emergency Tel. No. 9-t-1
Administration (905) 356-1321
Fax (905)356-6236
F.P.O. Fax (905) 356-1583
RECOMMENDATION:
P. CORFiELD
E.C. WAGG
THE RECOMMENDATION [S) CONTAINED
Ttti$ KEPORT WERE ADOPTED IN
~JivlMITTEE AND RATIFIED BY CI~
cOUNC~ AT T~ ~~ ~
, , ......... , ................. , ................... ~__~ ~ . / ~ / ~
That Council authorize the City to enter into an agreement with various hazardous waste
haulers for the control, cleanup and disposal of various hazardous materialsl
BACKGROUND:
The Fire Department responds to various hazardous material incidents that can involve a high
degree of expertise and expensive equipment that are presently beyond the capabilities of the
Department. In some rare instances, the cost for cleanup can go into the millions of dollars. While,
under normal circumstances, the cost for cleanup is the responsibility of the carrier, owner, etc., it
could also become the responsibility of the City. In order to protect the City from any legal
responsibility for this type of incident, the Fire Department believes that a joint co-operative effort
with private ha?~rdous materials handler is the most cost effective and safest way to handle this type
of situation.
In order to accomplish this, the Fire Department has been in consultation with various
companies that have agreed to enter into an agreement with the City that would exempt the City
from any such cleanup costs.
Prepare~ by:/~
Fire Chief
Recommended by:
DireCt°r o~f~~Services
o~hn M~cDonald
Res?~)t fully su_~bmitted:
.~P.~ust'~'""" ~//
Chief Administrative Offi~,,/'
If you never need what you learn about fire safety, you have lost nothing
,1~ C: I'S If you never learn what you need, you may lose everything, incJuding your life
4211~ ~ee~ ~t~eet
June 17, 2002
His Worship Mayor Wayne Thomson
and Members of Municipal Council
City of Niagara Falls, Ontario
Members:
re: CAO-2002-04 - Chippawa Recreational Dock Project
RECOMMENDATION:
For the consideration and direction of Council.
BACKGROUND:
Attached for your review is a letter that was received from A10leksuik on behalf of the Chippawa
Dock Association. The letter indicates that for some time now the Chippawa Dock Association has
been planning a recreational dock at Sodom Road and Lyons Creek. This dock is intended to be
accessible to all members of the community, including the disabled, and would be used as a fishing
location. It is not intended to provide docking for boats.
When this idea was brought forward initially, it was assumed by staffthat it would be supported by
all concerned and staff agreed to support their request to provide some assistance with the cost of
the project. These discussions centered around material costs of approximately $2,500 to construct
the dock. Since that time, the representatives of the Chippawa Boat Club have expressed concerns
regarding the location of this dock and the possible conflict the fishermen would create with boaters
entering and exiting the area. As a result, the project has not moved forward.
Numerous discussions have taken place between the Chippawa Dock Association and City staff.
As pointed out in the attached letter, these issues have not been resolved and the Chippawa Dock
Association has decided these issues cannot be resolved, but is moving ahead in any case.
Staff would also point out to Council that the Chippawa Dock Association has control over the lands
through a lease agreement with Ontario Hydro and, therefore is not asking for the City's permission,
but only for financial assistance to move forward.
June 17, 2002 - Page 2 - CAO-2002-04
As a result, the Chippawa Dock Association is asking the City to provide financing toward the
project, in the amount of $2,500.
Respectfully Submitted:
JM:kk
Attachments
May 31/02
Regarding: Chippawa Recreational Dock Project
OFFICE OF
Mr. John MacDonald
C.A.O.
City of Niagara Falls
Mr. MacDonald:
The included photo and draft drawings should have been included in my original mailing to
you. Sorry for the oversight.
We have two options for construction at this point. One involves using the old pilings
shown in the photo as part of the dock support system. The second option involves placing new
steel pipes just to the fight (north) of the old pilings. The committee will be deciding which
method is the most economical, feasible and safe.
We have an engineer volunteering his time and advising us on the construction phase of
the project.
If you require any other information please contact me at any time.
905-295-4517
SHORELINE
.96,-6o.
May 13, 2002
Regarding: The Chippawa Recreational Dock Project
OFFICE OF
Mr. John MacDonald
City Administrative Officer
City of Niagara Falls
Mr. MacDonald:
This letter (through you to the Mayor and Council) is to advise you of the
status of the Chippawa Recreational Dock Project and to confum the support of the
City of Niagara Falls and their commitment of material and financial assistance.
As you know plans for this dock have been in the works since the fall of
2000. The original design called for the removal of the old structure and building of
a simple narrow board-walk for anglers. As community support for the plan grew
so did the dock design.
At our original meeting with you, Mayor Thomson, Mr. Mason and myself it
was agreed that certain portions of the project would be supported by the City.
During a subsequent meeting, on site, we discussed and agreed upon items such as
the parking area, barriers and assistance on purchase of materials. This offer of
assistance was a great boost to the project.
The expanded project called for a wheelchair accessible board-walk allowing
access for everyone in the community. The design (drawings included with this
mailing) now features a ramp, railings, 8 foot width and benches.
The Chippawa Dock Association has confumed their Commitment to the
project and I am awaiting the results of other funding requests. The level of
funding will determine whether other features, such as lighting and a paved ramp
from the parking area etc., will be included.
Chippawa Recreational Dock Project - page 2
Meetings with individuals from the Greater Niagara Boating Club, although
lively, resulted in no real agreement or progress on their opposition to this project.
Although there was never a legal or constructive requirement for complaints of the
Boating Club representatives to be considered, a series of meetings were arranged
by myself with Boating Club representatives and other agencies. I have never
received a single written correspondence from this club nor a single phone call from
any executive member. I have always contacted them to address their concerns.
I and the project committee have decided to proceed with the project for the
summer of 2002. No further efforts will be made to satisfy the concerns of the
Boating Club as the project will have little if any actual impact on the club or its
members.
Mr. MacDonald, there are dozens of people, local business's, community
groups and I hope the City of Niagara Falls prepared to create this facility. This is a
well thought out and designed project. It will make available a dock/board-walk for
everyone to use. The delays created attempting to address the concerns of one
group resulted in the postponement of construction until this year. This will not re-
occur. However, adjustments have been made in the design of this facility to
address these concerns even though we did not agree to the need. This is being done
in the spirit of community good will.
There are now more people, agencies and businesses involved than last year.
The enthusiasm of the project committee is inspiring. This simple project will allow
access to an area of exceptional beauty to citizens of all ages and limitations. Thank
you for your early encouragement. I hope we can count on the City's commitment
to this worthwhile project.
~Y' ~~
4083 Front St. Niagara Falls, ON
905-295-4517
Corporate Services Department
CD-2002-16
The City of
Niagara Falls
Canada
Clerk's Division
4310 Queen Street
P.O. Box 1023
Niagara Falls, ON L2E 6X5
web site: www.city.niagarafalls.on.ca
Tel: (905) 356-7521
Fax: (905) 356-9083
E-mail: dion~da@city.niagarafalls.on.ca
Dean Iorfida
City Clerk
June 17, 2002
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls
Members:
Re: CD-2002-16 - Special Occasion Permits
RECOMMENDATION:
That Council indicate it has no objection to the issuance of Special Occasion Permits to the
organizations listed in this report.
BACKGROUND:
Correspondence has been submitted by the following organizations and has been reviewed and
approved by the Parks, Recreation & Culture; Building & By-law Services; and Fire Services.
Niagara Falls Professional Firefighter Combat Fitness June 22, 2002 N.F. Memorial Arena
Firefighters Association Challenge Parking Lot
Niagara Falls Progressive Ban Mares Community June 23, 2002 Serbian Picnic
Conservative Association Picnic Grounds,
6085 Montrose Road
Chippawa Volunteer SPN Molson's Slo-Pitch July 5, 6 & 7, 2002 Chippawa Firehall,
Firefighters Association Nationals 8696 Banting Avenue
Chippawa Slo-Pitch League SPN Tournament July 26, 27 & 28, Chippawa Arena,
2002 A.G. Bridge,
John Allan and
Cattell (Riverview)
Niagara Falls Mens Fastball Fastball Tournament August 9, 10, & 11, Ker Park
League 2002
The Royal Canadian Legion Annual Branch Picnic August 11, 2002 Arpad Park,
Br. 396 Montrose Rd
Aldershot Oldtimers Hockey SPN Tournament Sept. 27, 28 & 29, Chippawa Arena
Club 2002
Working Together to Serve Our Community
Clerk's Finance · Human Resoumes · Information Systems Legal Planning & Development
June 17, 2002 2 CD-2002-16
Council's concurrence with the Recommendation is requested.
Recommended by:
Dean Iorfida
City Clerk
Approved by:
Tony Ravenda
Executive Director of Corporate Services
DI:lw
Niagara Falls
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- 28
June 17, 2002
His Worship Mayor Wayne Thomson
and Members of Municipal Council,
City of Niagara Falls, Ontario
Members:
L-2002-28
Declare Lands Surplus and Offer for Sale
- Forty Foot Strip of City Land at rear of
3846 Portage Road
Our File No. 2002-156
RECOMMENDATION:
That the forty foot strip of City-owned lands at the rear of 3846 Portage Road be declared surplus
and offered for sale to The Lions Club of Stamford and further that The Lions Club of Stamford pay
for all costs associated with the sale including the cost of a reference plan.
BACKGROUND:
The City acquired part of Block "M" on Plan M-33 in exchange for lands with Fennel
Developments Limited and McNally Bros. (1965) Limited, on June 7, 1977 and the City further
acquired Block "L" on Plan M-33 to fulfill a condition of a Subdivision Agreement. The lands are
located west of Orlando Drive, east of Portage Road and north of Thorold Stone Road, which lands
are abutting and adjacent to the rear of the Stamford Lions Hall located at 3846 Portage Road.
Part of these lands are set out and shown in hatch as Appendix "1" as a forty foot strip of land which
The Lions Club of Stamford paved and has been using for parking at the Stamford Lions Hall for
many years. Commencing May 15, 2000, the City entered into a Licence Agreement with The
Stamford Lions Club to licence the forty foot strip of City land. Now The Stamford Lions Club
wishes
to
purchase
the
stri~/orking--Together to Serve Our Community
Clerk's Finance · Human Resoumes · Information Systems · Legal Planning & Development
L-2002-28 -2- June 17,2002
Staffhas no objections to the request by The Stamford Lions Club and concurs that the land could
be offered for sale.
The Stamford Lions Club is agreeable to paying for all costs associated with the sale, including the
costs of a Reference Plan and the fair market value of the strip.
Prepared by:
Legal Assistant/Property Manager
Approved by:
T. Ravenda
Executive Director of Corporate Services
ded by:
City Solicitor
Respectfully Submitted:
Chief Administrative Officer
MM:lb
f
APPENDIX "1"
BL~3CK "N"
I
I
TAMPA
COURT
! \
L---BLOCK "M"-'7
P/..A~V,,SSR- 2o./¢
APPROVED
PLAN 59R
' RECORDED UNDER
~UR'~EYO~ $ CERTIFICATE
- TITLE~ ~T ~D T~ ~a~lON~ MADE ~ERE~DER
Z~aT ~ W~ ~ENT AT A'~ O~PE~LY S~ISE
APRIL ~,, 1977
~ DENOTE~ A ~" $0. IRON BAR 4' LONG
~EARING$ SHOWN HEREON ARE A~BTRONOMIC AND ARE REFERRED
fO THOEE SHO~ ON pORTAGE GREEN, REGISTERED PLAN M-
The City of
Niagara Falls
Corporate Services Department
Legal Services
4310 Queen Street
P.O. Box 1023
Niagara Falls, ON L2E OX5
web site: www.city.niagamfalls.on.ca
Tel: (905) 356-7521
Fax: (905) 371-2892
E-mail: rkallio~city.niagarafalls.on.ca
R.O. Kallio
Cliy Solicitor
L-2002-29
June 17, 2002
His Worship Mayor Wayne Thomson
and Members of Municipal Council,
City of Niagara Falls, Ontario
MemberS:
L-2002-29 - Sidewalk Caf6 Licence Agreements
Our File No.: 2002-146
RECOMMENDA~ON:
I. That there be blanket authorization to process Sidewalk Caf6 Licence Agreements and
related documents, including amending existing agreements, have same executed by the
Mayor and Clerk, provided that all requirements and conditions are satisfied and that the
guidelines are geocrally complied with.
.2. cata ' :k' 'aA ' ~u ' t ' d
BACKGROUND:
We are now starting to receive applications for Sidewalk Caf6 Licence Agreements from owners
anxious to have thenl proceased while we are in the Summer schedule. The process can be expedited
if there is a blanket authorization when all requirements and conditions are satisfied and that the
guidelines are generally complied with by an Applicant. The Mayor and Clerk may execute the said
documents.
An application for a sidewalk caf6 licence has been received from Kerrio Corporation for Montana's
Prime Rib, Steak & Seafood located at 5657 Victoria Avenue. As shown in the agreement attached,
the patio will be constructed on a portion of municipal sidewalk with an area of 78.2 square metres
L-2002-29 -2- June 17,2002
and will seat 88 people. The annual licence fee will be $2,091.85. The Application has been
reviewed by the appropriate departments and there are no objections.
Legal Assistant/Property Manager
Approved by:
Tony Ravenda
Executive Director of Corporate Services
Re .~a~ed by:
City Solicitor
Respectfully Submitted:
Chief Administrative Officer
MM:lb
Working Together to Serve Our Community
Clerk's · Finance Human Resources Information Systems Legal Planning & Development
THIS AGREEMENT made this 4'h day of June, 2002.
BETWEEN:
KERRIO CORPORATION
Hereinafter called the "Licensee"
of the FIRST PART;
THE CORPORATION OF THE CITY
OF NIAGARA FALLS,
Hereinafter called the "City"
of the SECOND PART.
WHEREAS Section 308(3) of the MunicipalAct, R.S.O. 1990, ¢.M. 45, as amended, states that by-
laws may be passed by the Council of every local municipality, for placing or permitting any person
under such conditions as may be agreed upon to place, construct, install, maintain and use objects
in, on, under or over sidewalks and highways under its jurisdiction, to pemt any person to make,
maintain and use areas under and openings in the highways and sidewalks, for prescribing the terms
and conditions upon which the same are to be placed, constructed, installed, maintained or used and
for making such annual or other charge for the privilege conferred by the by-law as it considers
reasonable.
AND WHEREAS the Licensee has applied to the City for permission to occupy a part of the
sidewalk of Victoria Avenue, which sidewalk is under the jurisdiction of City Council, and shown
in heavy outline on Schedule "A' attached hereto (hereinafter referred to as, "the City's land") for
the purposes of establishing and operating a sidewalk caf~ in conjunction with the adjoining land
municipally known as 5657 Victoria Avenue, and more particularly described in Schedule "B"
attached hereto (hereinafter referred to as, "the Licensee's land");
AND WHEREAS the Licensee is the owner of the adjoining land referred to as the Licensee's land;
AND WHEREAS the City has agreed to grant the Licensee permission to occupy the City's land as
a Licensee for such consideration and upon such terms and conditions as hereinafter contained.
NOW THEREFORE THIS LICENCE AGREEMENT WITNESSETH that in consideration of the
premises, the mutual covenants and conditions herein contained and for valuable consideration, the
receipt of which is hereby acknowledged, the parties hereto mutually covenant and agree as follows:
-2-
1. The following schedules are attached to and form part of this agreement, namely
Schedules "A", "B' and "C".
2. The City shall permit the Licensee to occupy and use the City's land seasonally
from May 1 ~ to October 31st for the purpose of a sidewalk caf~ in conjunction with the existing
restaurant located on the Licensee's land.
3. The Licensee acknowledges that it does not have a fight to use the City's land,
except in accordance with the conditions of the licence herein contained and that it accepts this
licence subject to such limitations as herein contained.
4. This lieence shall commence on June 1't, 2002 and shall terminate on October
2007, subject to its earlier termination.
5. The Licensee shall pay a fee of Two Thousand Four Hundred Sixty Two Dollars and Fifty
Cents ($2,462.50) plus G.S.T. per annum for such privilege, which fee shall be payable to the
Treasurer of the City in advance on the l't day of May in each and every year during the continuance
of the said privilege, the first of such payments being due and payable upon the signing of this
Licence.
6. The Licensee agrees to pay all costs and expenses in connection with the occupancy and use
of the City's land for the purposes of a sidewalk eaf~, including its establishment.
7. The Licensee agrees to establish and operate the sidewalk caf~ in accordance with the City's
Sidewalk Caf~ Guidelines approved by Council, a copy of which is attached hereto as Schedule "C'.
8. The Licensee agrees to assume all liability and obligations for any and all loss, costs, damage
or injury (including death) to persons or property that would not have happened but for this licence
or anything done or maintained by the Licensee thereunder or intended so to be and the Licensee
shall at all times indemni~, and save harmless the City, its officers, employees, and agents from and
against all such loss, damage, or injury, and all actions, suits, proceedings, costs, charges, expanses,
claims or demands, in any manner based thereupon, arising by reason of or in any way related to the
existence of this licence or anything done or maintained hereunder.
9. The Licensee agrees to take out and keep in force a comprehensive policy of general liability
and property damage insurance satisfactory to the City Solicitor protecting and indemnifying the
Licensee and the City, its officers, employees, and agents against any claims for damage or bodily
injury to or death of one or more persons and the loss of or damage to property occurring in, on, or
-3-
about the City's land with all inclusive coverage of not less than $2,000,000.00, such policy to
include the City as an additional insured and to be endorsed to include the contractual obligation of
the Licensee to the City under this agreement and to contain a "cross liability" and tenants liability
endorsement.
10. The Licensee shall furnish the City with a certified copy of the aforementioned insurance
policy or an insurance certificate in a form acceptable to the City Solicitor prior to the
commencement of this licence in accordance with the notice provisions of this licence and at each
insurance renewal date.
11. The Licensee shall comply with all the laws of the federal, provincial, or municipal
governments that may be applicable to the occupancy and use of the City's land for a sidewalk caf~
in accordance with this licence.
12. The Licensee agrees to maintain the City's land in a condition acceptable to the City and
shall make no structural changes of any kind whatsoever to the City's land without first giving the
City notice of the proposed changes and obtaining the consent of City Council for the proposed
changes.
13. The Licensee agrees that no building~ structure or fixture other than that required for a
sidewalk cafe, shall be erected on the City's land, and such sidewalk caf~ and all improvements
required to the City's land to make it suitable for the purposes of the Licensee shall be undertaken
and carried out and at all times maintained at the sole cost and expense of the Licensee and shall be
entirely at the risk of the Licensee in respect of loss, damage, destruction or accident from
whatsoever cause arising.
14. Any notice to be given pursuant to this licence may be delivered or sent by prepaid first class
mail or facsimile transmission to the City and the Licensee as follows:
The City:
The Corporation of the City of Niagara Falls
Attention: Property Manager
4310 Queen Street
P.O. Box 1023
Niagara Fails, Ontario
L2E 6X5
Telephone: (905) 356-7521
Facsimile: (905) 371-2892
-4-
The Licensee:
Kerdo Corporation
6546 Fallsview Boulevard
Niagara Falls, Ontario
L2G 3W2
Telephone: (905) 356-4410
Facsimile: (905)
15. Any such notice, if mailed, shall be conclusively deemed to be given to end received by the
other party three business days after the mailing thereof or if sent by facsimile transmission, on the
date the facsimile transmission was sent.
16. The Licensee shall not be at liberty to assign or transfer either in whole or in part the
privileges hereby grented by the City in this agreement without the written consent of City Council.
l 7. Either party may terminate this licence upon 30 days notice, in writing, to the other party of
its intention to tem~inate.
18. Upon termination of this licence, the Licensee shall remove entirely, at its sole
expense, from the City's lend, unless otherwise directed by the City, all chairs, .table structures,
objects, and other items used for the sidewalk caf6 end restore the City's lend to its original
condition.
19. If the Licensee is in default or breach of a direction or request by the City, its officers, end
employees to comply with this licence agreement, including the restoration of the City's lend after
the licence has been terminated, the City may undertake to do anything that will remedy the default
or breach, at the Licensee's expense, and the City shall be permitted to recover the expenses incurred
in remedying the default or breach fi.om the Licensee by adding the expenses to the Licensee's
municipal taxes to be collected in a manner like municipal taxes.
20. Wherever the singular or masculine is used in this agreement they shall be construed as if
the plural or the feminine or the neuter has been used where the context or the party or parties hereto
so require, end the rest of the sentence shall be construed as if the grammatical end terminological
chenges hereby rendered necessary had been end all covenents herein shall be construed to be several
as well as joint.
21. This agreement and the schedules attached thereto shall be binding upon the parties end their
respective successors end assigns.
IN WITNESS WHEREOF the City has hereunto affixed its corporate seal duly
-5-
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 the corporation and the Owner has hereunto set his hand and seal.
KERRIO CORPORATION
Nalrle~
Title:
Name~
Title:
THE CORPORATION OF THE CITY
OF NIAGARA FALLS
Name: Wayne Thomson
Title: Mayor
) Name: Dean Iorfida
) Title: City Clerk
-6-
SCHEDULE "A"
to an Agreement dated June 4n, 2002
between
KERRIO CORPORATION
and
THE CORPORATION OF THE CITY OF NIAGARA FALLS
z
ME~IC NOTE
-7-
SCHEDULE "B"
to an Agreement dated June 4% 2002
between
KERRIO CORPORATION
and
THE CORPORATION OF THE CITY OF NIAGARA FALLS
Pt Lt 128 PI 291 Town of Niagara Falls; Pt Lt 137 PI 291 Town of Niagara Falls; Pt Lt 127 P1 1002
Town of Niagara Falls as in RO720175; S/T Execution No'$ 01-00385, 01-00390 Can Mar
Manufacturing Inc. if applicable.
-8-
SCHEDULE "C"
to an Agreement dated June 4th, 2002
between
KERRIO CORPORATION
and
THE CORPORATION OF THE CITY OF NIAGARA FALLS
The City'of
Niagara .Falls:
Canada '
SIDEWALK CAFE.GUIDELINES
-9-
INTRODUCTIOn:
Sidewalk Cafe Guidelines
The informafioneontained in tho Revised Sidewalk Cafo Ouiddlae~ is intended to $erv~ as a
general g~ido to tho,s~ wishing to e~tablish a $idowalk cafe on municipal propeCty and to ass~ staff in
tho rovi¢w of applications for a sidewalk cafe. Tho Gukleline~ e~tablish general provisions which are to
be conskleced to'ensure aafcty, aesthetics and compatibility with adjacent la~d use~.
Each a~ieation will b~ rc'/iewed on its individual merit, particular conditions and considerations
based on location and municipal needs. The Council of tho City of Niagara Falls, its officers and
employees aro not bound by th~ information contained in tho Guidelines. Nor are they ]iablo for any
relianco placed upon the contents of the Guideline$ by any p~rson.
DEFINITIONS:
Outdoor Prtvale Caf~ mean~ an outdoor area located entirely within tho limits of privato property used
on a seasonal basis only for tables and/or seating where meals and/or refreshments are .~'ved and
consumed in conjunction with a licensed reatauram on the same propea3,.
8ldewalk Cafe means that poe, ion of municipal pmpaty between tho propet~y/st~oetline and ~ travelled
portion of a road used off a seasonal bash only for tablea and/or ~eattng w~eco meal~ and/or rofxoshment$
are ~ and consumed in conjunction with a Ikensed re~aurant located behind tho :mmicipal property.
Seasonal means tho six month p~rkxl from May I Io C)ctober 31, both inclusl4o.
FK3URE 1 - CA,,r~ LOC~TION~
-10-
A Sidewalk Cafe shall be located in commercial land use category of the Zoning By-law where
a restaurant is a petmitled use. A Sidewalk Cafe must be part of a restaurant use ero, ablisbed
in an existing building as defined in tho gooing By-law and licensed by the City of Niagara
Fails. Parking for Sidewalk Cafe shall be calculated in accordam:e with the'requirements of the
Zoning By-law.
Pedestrian Movem,,n~ - An unobstructed sidewalk width of 2.4 metres (8.0 feet) shall be
maintained for the clear movement of pedestrians. Sidewalk Cafes shall not normally be
considered where the total sidewalk width is 3.9 metres (13.0 feet) or less.
Placm~ent - The pl~,'e__ment of a sidewalk Cafe may be contiguous with the property where the
restaurant use is licensed. Altomatively, the Sidewalk Cafe may be placed within 0.5 metres
(1.6 fee0 of the curb face parallH to ~e restaurant with which it is associated. In either case,
the Sidewalk Cafe must satisfy the City's pedesa-ian movement criteria. Where a Sidewalk Cafe
is to extend into the area in front of an abutting properly/business, written consent of the
affected ptoperty/bu.~aess owner must be provided al the lime of application. The Sidewalk
Cafe may be located at the front or exterior side of an licensed restaurant use.
-11-
Enclosure - The outdoor sidewalk cafe shall be separated from the area of the sidewalk reserved
for pedestrian movement through the use 'of decorative fencing, planter boxes/containers or
similar barrier. Such barriers should be free standing, structurally sound and finely fabricated.
The height and *placement of the barriers should ensure that sight lines are not impeded so that
safety is ensured.
Access - The Sidewalk Cafe shall be designed to ensure a clear 1.0 metre (3.2 feet) wide emergency
evacuation route is available at all times to and from the licensed restaurant. Tho Sidewalk Cafe shall
not impede any existing ben'i~-freo access to the licensed restaut'ant. The design and placement ora
Sidewalk Cafe should not obsuuct public access, access to another uso in the same building,
impact on any adjacent building, or adversely
Seatlne Capaci~t¥ - A minimum of !.0 square mea'es (10.7 sq. IL) per person shall be used to determine
the maximum seating capacity of the Sidewalk Cafe.
~rvice Area.~ - Busing stations, service bars, electrical service, illuminated signs and lighting fixtures
are not permitted on the public portion of the Sidewalk Cafe. Decorative garbage containers may be
strategically provided within the limi~ of a Sidewalk Cafe. Umbrellas, fixed awnings and enclosures,
toge~er with any support mechanism.s, shall not extend beyond the Sidewalk Cafe area or encroach into
the pedestrian movement area. Fixed or retractable awnings shall be positioned so that a clear height of
2.4 metres (8.0 feet) is maintained between the sidewalk and the awning. All permitted accessories shall
be appropriately maintained at aJI times by the Sidewalk Cafe licensee.
-12-
APPROVALS:
Aoolicafioo - An applicatinn to establish a Sidewalk Caf~e.o~n~ad-ty portion of municipal pro ~ shall be
~ubmit~d to the .......................... ~-~.~..~ Depamneat, tog~e,r with ~e nece~ary
fees and drawings prior to using any municipal lands. Tbe couLoleXed application shall be circulated to
various agencies and ~-~ for review and comment before entering into an agreement. N(xic¢ of
application must be pe~ted in a prominent position on the-f~ont of the building which can be read from
the sidewalk. At the discretion of the City, notice of the application may be circulated to owners/basiness
operators abutting the property on either side of the proposed Sidewalk.Cafe for Comment prior to
entering into an agreement.
A_-,reem~ - Wbete an al~iCadon for an outdoor Sidewalk Cafe is approved, the owner and/or operator
shall enter into an agreement with the City of Nlags~a FalLs concerning, .among other things, the lands
involved, period of oparadon, liability insurance, maintenance and restoration and payment of fees for
use of space. The Sidewalk Cafe ownerlof.,~alor shall agree to save hazmless the City for any matter
arising as a result of the Sidv, waLk Cafe and its operation. The operator shall be raspons~l¢ for securing
furniture, fixtures, etc., at, er hours.
~ - It will be the respousibili~ of the operator to secure any ~ approvals and payment fees
as may be required by the gas, telephone, hydro, cable companies or similar utility prior to establishing
or operating an outdoor Sidewalk Cafe.
~ - The operator will be respomible for the cleaning of tables, pick-up of litter, e~c., of the
sidewagc cafe. ~ operaa~ of the outdo(x Sidewalk Cafe shall maintain the sidewalk in a lute Condition
-Os-that-at the time of~ imo an agreement wt~ the municipality. All furnitore, fixtures and fittings
'shall be removed from City property and stored ~in aCCOrdance with the terms of the
agreement with the City. Any hooks, bolts, brackets, efc. installed in the sidewalk shall be removed
when the tables and fixtur~ nrc not in place or by Novim~d~' 1, (whichever is first) in order to ensure
pedestrian movement or snow cleaning op~-a~ons are not ! .m~ded.
Taxes - The operator shall be respons~le for payment of all realty and business taxes assessed against
the sidewalk cafe.
Other Re~ulafl~ - The operator of an outdoor Sidewalk Cafe shall meet the regulations and by-laws
of the City of Niagara Falls, Niagara Fall~ Fh'e Depamnent, Regional Municipality of Niagara, Regional
Health Department and Regional Police Force at all times,
AH/ks
Revised: September 1994
File: C\F$\6
]'he City of
Niogoro Foils lJll~
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
R.O. Kallio
City Solicitor
L-2002-31
June 17,2002
His Worship Mayor Wayne Thomson
and Members of Municipal Council,
City of Niagara Falls, Ontario
Members:
L-2002-31, DeFilippis Agreement with the City
Building Permit-Testamentary Devise
Part 8 on Reference Plan No. 59R-7428-Morris Road
Our File Nos.: 2002-201
RECOM M ENDATION:
That Council authorize an Agreement dated June 5, 2002 between Ernie DeFilippis and Kimberly
DeFilippis and the City regarding application for a Building Permit.
BACKGROUND:
Emie DeFilippis and Kimberly DeFilippis are the owners of part of Lot 6 Concession 7, in the
fomier Township of Crowland, now in the City of Niagara Falls designated as Part 8 on Reference
Plan No. 59R-7428 and shown hatched on the plan attached. The subject parcel was created under
testamentary devise by the Last Will and Testament of Helen Preston.
Pursuant to City policy, respecting lots created in this manner, any person or persons making
application to the City for a building permit is required to enter into an agreement with the City to
ensure that no building pemdt would be issued until such time as certain requirements are met. The
agreement not only binds the owner of the subject land but also their respective heirs, executors,
administrators, successors and assigns and assigns in title. In exchange for meeting the requirements
described in the Agreement, a building permit would be granted to the owner of the subject land.
Working Together to Serve Our Community
Clerk's Finance · Human Resources Information Systems Legal Planning & Development
L-2002-52 - 2 - June 17, 2002
Staffreviewed the requests and has detemfined that an agreement between each of the parties and
the City would be appropriate to adequately protect the City.
Legal Assistant/Property Manager
City Solicitor
MM:lb
Approved by:
Tony Ravenda
Executive Director of Corporate Services
Respectfully Submitted:
y~hil~e f~';m[Di°ninsal~dat ive Offi~ce
[ ~ ~]~: I ~: PART: 5l
~ -' . .~.}:~?,~: ,[,, ,'';. ~'~:~C : :' :-~ ~ _
i ~a :: PAR~T,' :::'1'2' -.
i; ROAD W DEN NO: ~:~B'.J':q;
The City of Niagara Falls, Ontario
Council Chambers
No. June 17, 2002
Moved by Alderman
Seconded by Alderman
RESOLVED THAT the Council of the Corporation of the City of Niagara Falls hereby
determines in accordance with Section 34(17) of the Planning Act, R.S.O., that the changes to the
proposed zoning by-law for application AM-32/2000 (Michael Colaneri & Tara Colaneri, 5840 Dunn
Street regarding a proposed 4-storey, 16 unit apartment building) are minor in nature and do not
require any further notice.
AND The Seal of the Corporation be hereto afl.med.
DEAN IORFIDA WAYNE THOMSON
CITY CLERK MAYOR