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2002/07/15
PLANNING MEETING July t5, 2002 PRAYER: Alderman Art Federow DISCLOSURES OF PECUNIARY INTEREST DisclOsures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. DEPUTATIONS Niaaara Bi~_o_a Tomatafest Ms. Carol Henderson, Niagara Parks Commission and Ms. Carol Stewart- Kirkby, United Way wish to provide information on the upcoming Fourth Annual Niagara Bigga Tomatafest fundraising event; and request that Council proclaim the week of August 12"~ - August 18"', 2002 as "Niagara Bigga Tomatafest Week" in the City of Niagara Falls. Montsith Plannino_ Consultants Limited Ms. Jean Montsith, of Monteith Planning Consultants wishes to provide an update on the status of the City's Comprehensive Zoning By-Law Review Project Animal Po_oulatlon Colttrol Report L-2002-33 - Chair - Re: Second Report of Ad Hoc Committee on Animal Population Control. ' - AND - Communication from David & Alexandra Woodhouse -2- PLANNING MATTERS UNFINISHED BUSINESS PD-2002-71 - Chief Adminietrative Officer . Re: Zoning By-law Amendment Application; AM-3212000, 5840 Dunn Street; Proposed 4-Storey, 16 Unit Apartment Building; Michael Colaneri & Tara Colaneri. - AND - Correspondence from Michael Colaneri & Tara Colaneri - AND - RESOLUTION - THAT the COuncil of the Corporation of the City If 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 Colaned &~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 - By-law No. 2002-1 t7 To amend By-law 79-200, as amended. (Re: AM-3212000, 5840 Dunn Street) ITEM NO. 26 ITEM NO. 27 Public Meeting Garner Estates Phase 4 Draft Plan of Subdivision OWner: River Realty Development (1976) Inc. Background Material: Report PD-2002-68 Public Meeting Zoning By-law Amendment Application AM-03/2002, 5046 Centre Street Applicant: Niagara Princess Hotels Agent: Michael Allen Proposed 10-storey Hotel Background Material: Report PD-2002-64 - AND - Correspondence from Regional Niagara, Planning and Development Department ITEM NO. 28 ITEM NO. 29 -3- Public Meeting Zoning By-law Amendment Application AM-22/2002, 6563 Main Street, 5481 Dunn Street And 6546 Stanley Avenue Applicant: Hellas Enterprises Limited Agent: Steven Latinovich Proposed Expansion to the Horseshoe Inn Background Material: Report PD-2002-65 - AND - Correspondence from Regional Niagara, Planning and Development Department - AND - Correspondence from The Niagara Parks Commission Public Meeting Zoning By-law Amendment Application AM-19/2002, 4610 Ferguson Street Applicant: Christopher J. Johns Proposed Temporary Use By-law Background Material: Report. PD-2002-66 - AND - Correspondence from Canadian National Railway MISCELLANEOUS PLANNING MATTERS Chief Administrative Officer PD-2002-67, Regional Policy Olan Amendment No. 161; Estate Residential Subdivision, Miller Road South. Chief Administrative Officer PD-2002-69,.Appeal to Zoning By-law 2002-113, AM-34/2001, Orchard Grove West Draft Plan of Subdivision.. Chair, LACAC PD-2002-70, Matters Arising from the Local Architectural Conservation Advisory Committee. -4- REGULAR COUNCIL ADOPTION OF MINUTES: Planning/Regular Council Minutes of June 17, 2002. MAYOR'S REPORTS. ANNOUNCEMENTS. REMARKS '2. .3, COMMUNICATIONS AND COMMENTS OF THE CITY CLERK The Arthritis Society, Niagara Falls Branch - Re: National Arthritis Month - advising that September is "National Arthritis Month" and requesting that a flag raising ceremony be held on Thursday, August 22, 2002 at 11 a.m., and further that the flag remain displayed until the end of September, 2002. RECOMMENDATION: That the requests be approved. The TOwn of Markham - Re: Bill 124, Proposed Amendment to Section 4t of the Planning Act (SIts Plan Control) - requesting Council support of recommendations requesting the Province amend Bill 124 to delete the proposed changes to Section 41 of the Planning Act and that municipalities should be given broader legislative powers with respect to matters of urban design. RECOMMENDATION: That'the request be supported. Memorandum - City Clerk - Re: Arts & Culture Commission Applicants - requesting approval of the appointments of Kathy Etherington, Nancy McDonald and Janice Wiggins to the Arts & Culture Commission. RECOMMENDATION: That Council approve the three appointments to the Arts & Culture Commission. Memorandum - City Clerk - Re: BIA Budgets - the submission of the annual budget requests for the various BIA's. RECOMMENDATION: That Council approve the budget requests. A~ldlflonal Items for Council Consideration: The City Clerk will advise of any further items for Council consideration. REPORTS RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS (Alderman Victor Pietrangelo, Chair) COMMUNITY SERVICES MATTERS -5- 1. Chief Administrative Officer MW-2002-88, Stanley Avenue Business Park. Chief Administrative Officer MW-2002-94, Tender #11-2002, Office Alterations Parking & Traffic Divisions. Chief Administrative Officer MW-2002-95, Contract 2002-03, 2002 Asphalt Overlay & Road Rehabilitation Program. Chief Administrative Officer MW-2002-96, Contract 2002-08, Surface Treatment & Expanded Asphalt Stabilization Program. Chief Administrative Officer MW-2002-97, Grand Boulevard Functional Design Study. RATIFICATION OF PARKING & TRAFFIC COMMITTEE ACTIONS (Alderman Klm Craitor, Chair) Chairperson, Parking & Traffic Committee 'FIRErSERVICES 'MATTERS MW-2002-87, Municipal Parking & Traffic Committee Recommendations, June 18, 2002 Meeting. ·3. Chief Administrative Officer FS-2002-08, Purchase and Installation of Address Sign Posts Chief Administrative Officer FS-2002-11, Agreement with Jerry Essex, Temporary Training Site for Niagara Falls Fire Department; Vacant House at 4921 Lyons Creek Parkway. Chief Administrative Officer FS-2002-12, Purchase of Pumper Truck. RATIFICATION OF THE ENVIRONMENTAL PLANNING AND GREENING COMMITTEE ACTIONS. (Alderman Selina Volpatti, Chair) Chair, Environmental Planning and Greening Committee R-2002-44, Actions Stemming from the Environmental Planning & Greening Committee Meeting of June 19, 2002. ADMINISTRATIVE MATTERS 1. Chief Administrative Officer -6- CAO-2002-05, Niagara District Airport. MISCELLANEOUS MATTERS 1. Chief Administrative Officer 2. Chief Administrative Officer 3. Chief Administrative Officer CD-2002-18, Special Occasion Permits. L-2002-32, Canadian Niagara Hotels Encroachment Agreement, Clifton Hill and Falls Avenue. L-2002-34, Relocation of Hydro Easement for Bell Mobility to lands where there is an existing City Easement. RATIFICATION OF COMMITTEE-OF-THE-WHOLE ACTIONS RESOLUTIONS That the Council of the Corporation of the City of Niagara Falls reaffirms the passing of By-law 2002-113, a by-law to provide zoning regulations for the Orchard Grove West draft plan of subdivision. That pursuant to the-Ontado Transit Renewal Program, the Council of the Corporation of the City of Niagara Falls hereby requests payment of renewal funds for conventional transit vehicles in the amount of $28,813.00. That pursuant to the Ontado Transit Renewal Program, the Council of the Corporation of the City of Niagara Falls hereby requests payment of renewal funds for transit vehicles for physically disabled persons in the amount of $23,761.92. The City Clerk will advise of any additional by-laws or amendments t(~ the. by- laws listed for Council consideration. BY-LAWS 2002-099 To amend By-law No. 2001-01, being a by-law to provide for appointments to certain Boards, Commissions and Committees. (Re: LACAC, Phoebe Jean (Carol) Ede) 2002-123 2002-124 2002-125 2002-126 2002-127 2002-128 2002-129 2002-130 2002-131 2002-132 -?- To amend By-law No. 2001-267, being a by-law to provide for appointments to certain Boards, Commissions and Committees. (Re: Arts & Culture Commission, Kathy Etherington, Nancy McDonald and Janice Wiggins) To amend By-law No. 2002-081 being a by-law to appoint City employees, agents~and third parties for the enforcement of provincial or municipal laws. To amend By-law No. 99-164, as amended, being a by-law to provide for the licensing, regulating and inspection of body-rub parlours, owners and operators of body-rub parlours and body rubbers at body-rub parlours. To amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads (Parking Prohibited, Stop Signs) To establish a fee structure for services provided for the Vital Statistics function. To amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads (Stopping Prohibited, Parking Prohibited, Standing Prohibited, Parking Meter Zones, Taxi Cab Stands) To provide for the control of animals within the City of Niagara Falls. To amend By-law No. 79-200, as amended. (Re: ^M-18/2002, 3736 Kalar Road, Eva Fortuna) To authorize mOnies for General Purposes (Re: July 15, 2002) To adopt, ratify and confirm the actions of City Council at its meeting held on the 15t~ day of July, 2002. NEW BUSINESS J~y 2, 2002, City C~.r~ city of N~.r~ rd~ 4310 Queen St.' Niajara Faf~ ON ~E 6~ Dear ~r~e pros~te c~eff For t~ reaso~ T~ Hnit~ W~, T~ N~ara Par~ Comm~s~n avd I~n Cured Cf~s ' N~ara B~ga Tommf~t. It ~' a~famffy f~v~ ~t~ a K~ off din~r d~e at Cf~ It~ w~re s~c=~ ~ B:~ Odmrd Foodfair ~t~ ~n~ c&fs flora t& N~ ~n ~t~ t&~r "tom. aw c~i~." tn Mdi~n, a B~a Tomato Smm~ cont~t, B~a Bocce Tou~ment, live m~d entertainment, va~ interafive a~N~ aM of course a B¢ga Tomato Cont~t with Guia~s Wor~ Recor& on MM to j~e t~ "B~t Tomato." PLANING M,~ ~ -£- Tile Committee/s rexlufzt/~ to attetuf Council or[July 15, go0g to inv/te the M~orj mem~ers of Coutmif and I~r/tuj awarems w t~ p~& of t~ ~rm~ ~e~t for t~ Uni~ W~. ~o, we would f~ W rqmt t~t t~ Ci~ of N~ara F~f~ ~ocf~im tk w~ ofA~t ~t~ g00g - A~t 18t~ g00g ~ "N~ara B~a Tommf~t W~" ~ t~ Ci~ of N~ara F~. TfiaM you for your consi&ratior~ r~arrfituj our rexlu~t. If you rexluire any more infOma~, prize fedfre, to contact me at 905-351-7745. I foo~ forwar~ to hearituj frm Tours Truly, Carol Chair of The Niaflara Bigoa Tomatafest U R B AN't~ R E G I O N AL PLANNERS July 11, 2002 Mayor Wayne Thomson & Members Niagara Fails City Council Members Re: City of Niagara Falls Comprehi~nsive Zoning By-law Review Project Up-date Presentation - 3uly 15, 2002 RECEIVED JUL 1 1 2002 PL NNtNG & OEVELOPMENT The Consulting firm of Montelth Planning Consultants Limited was retained by the City of Niagara Falls to undertake a comprehensive review of the City's four Zoning by-laws (Niagara Falls 79-200, Willoughby 395, 1966, Crowiand 1538, and Humberstone 70-69). To date a c~'i~siderable amount of background research and consultation with key stakeholders and staff has been conducted. The objective of this Project is to prepare a new single document for the City by February, 2003, from the four existing by-laws. At the same time the document will be restructured in a format that is clear, concise and user friendly. Specifically the following items have been or are currently being completed: 1. The initial meeting was held with staff on February 14, 2002 to review the existing documents and obtain Insight into the strengths and weaknesses of the documents and to candidly discuss the major issues, problems and possible approaches to be taken on various issues. 2. All existing by-laws have been reviewed and comparison charts created so that policies can be-both tracked and compared to one another. This comparison in chart format has occurred for every topic ranging from what various zones are called, to the definitions, to each general provision, and each regulation of the specific zones. 3. Ail special provisions have also been charted to determine what regulation or permitted use was not adequately handled in the parent by-law to cause a site specific regulation to be written to address development needs. 4. Similar to the special' provisions, variances that have been granted were also tracked to determine if there are any patterns in the ability of the community to function within the regulations of the by-laws. The by-laws have also been cross analyzed to the existing Official Plan to determine conformity issues. In May we met with the Region to review the process and dialogued on how the document would relate to both the Regional Official Plan and the update occurring to N agara Falls' Offioial Plan. PLANNING I EETING_ ] - .) 610 PRINCESS AVENUE, LONDON, ONTARIO N6B 2B9 , TELEPHONE (519) 686-1300 · FAX (519) 681-1690 · E-MAIL: mpc@mpconsult. 0n.ca Monteith Planning Consultants Page 2 Work shops have been held with staff to review problems with the documents and pursue possible solutions. The focus group sessions (6) were held in March with the Tourism Sector, Development Sector, Agricultural Sector, Industrial Sector, and Retail Sector. 10. 11. 12. We intend to September. Two public meetings were held in Apdl- one in the form of an Open House and the other as a more formal public meeting. The purpose of the meetings were to ensure the public was aware of the project and allow input on issues and problems at the beginning of the process. To date the'issues raised by the public include concerns regarding parking, bed and breakfast standards, front yard setbacks, range of uses in tourism districts, accessory uses, function of downtown, and role of the agricultural component of the community. · Detailed land use surveys were undertaken throughout the municipality to ensure zoning reflects the current uses and to determine if groupings of uses can be identified. ' Parking Surveys were conducted in the beginning of June in order to ensure parking standards recommended in the by-law are reflective of the City of Niagara Fall's specific requirements and not numbers selected form out dated traffic studies for some other City. 'Staff work sessions have continued through June and July on the issues of the definitions and general provisions to be utilized in the new document. Once we have completed the review with staff a draft by-law will be prepared for discussion with Council and then the general public. have the first draft prepared by the end of August with public consultation in sincerely, MONTEITH P.I.~M~NING CONSULTANTS /¢re~ Monteith, B.E.S., R.P.P., M.C.I.P. ~Fresident The City ot Niagara Falls Canada July 15, 2002 His Worship Mayor Wayne Thomson and iMembers of Municipal Council, City of Niagara Falls, Ontario Members: L-2002-33 Second Report of Ad Hoc Committee on Animal Population Control RECOMMENDATION: That the revised recommendations set out in Schedule "A" attached hereto, be adopted and the by- law attached as Schedule "B" be passed. / BACKGROUND: Report L-2002-15, attached as Appendix "1" was on the Council agenda for March 25, 2002. That meeting was cancelled out of respect for the passing of Alderman Gary Hendershot. Thus, the report was never' considered by Council. Subsequent to the cancelled meeting, the Committee received a number of complaints about roosters and rabbits. Another public meeting was called to address these concerns. The meeting was held on April 25 in the Council chambers with approximately twenty-five members of the public in attendance. The predominant message from the public which most impressed the Committee was that roosters were a constant nuisance because they crowed from dawn until dusk, sometimes before dawn and sometimes after dusk. The continuous crowing of the roosters disturbed the adjacent and abutting neighbours and interfered with the enjoyment of their property, particularly in the summer time. As well, some individuals worked shift work and found it difficult to sleep during the day because of the crowing. July 15, 2002 L-2002-33 -2- The Committee also heard, for the first time, that the neighbours of some of the chicken operations had serious concerns with large numbers o fchickens being permitted in their neighbourhoods. There were stories of chickens running loose and invading adjacent gardens; carcasses of chickens found near fences (photographic evidence was presented) and concerns about attracting vermin because of the ready food supply. There have also been several email submissions regarding chickens nmning loose in residential neighbourhoods, being killed on the road, etc. The Committee carefully considered the representations f~om the public and has reconsidered the recommendations set out in Report L-2002-15. While citizens in this city have enjoyed raising chickens for years, and should be permitted to continue this hobby, there is a sense that the City of Niagara Falls to-day is far different than it was thirty years ago. There is a greater urbanization in the residential areas with smaller lots becoming more prevalent. There appears to be a greater utilization of the baekyard for social and recreational uses which could cause more fi'equent conflicts with chickens. The Committee is therefore recommending that roosters be prohibited immediately and that only chickens be permitted within the urban boundary of the City. Other recommendations regarding chickens are set out in Schedule "A". The Committee further considered representations made by the public with respect to rabbits and ' heard complaints about odours and communicable diseases. The reasoning and justification for proposing regulations for the keeping of chickens within the urban boundary would likewise apply to the keeping of rabbits within the urban boundary and the Committee sets out its recommendations in Schedule "A". Because of the limited number of Council meetings during the summer, the attached proposed Animal Control By-law is submitted for Council's consideration. A number of regulations dealing with animal control will be submitted at a later date but it was felt important to have the by-law passed at this time to ensure that roosters will be removed fi:om the urban areas immediately and that all yards and accessory buildings will comply with the Animal Control By-law so that residents may enjoy the summer. Respectfully Submitted: CITY OF NIAGARA FALLS By-law No. 2002 - 129 A by-law to provide for the control of animals within the City of Niagara Falls WHEREAS section 210 of the Municipal Act, R.S.O. 1990 Chap. M45, as amended, provides that by-laws may be passed for prohibiting or regulating the keeping of animals or any class thereof and for restricting the number of animals that may be kept in or about any dwelling unit. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. In this By-law: "animal" means an animal set out in the Schedules; "Clerk" means the Clerk of the Municipality; "Council" means the Council of the Municipality; "dwelling unit" means one room or a group o£rooms, occupied or capabtc of being occupied as the home or residence of one or more persons, anc containing only one kitchen or other facility for the preparation of meals; "Forms" means the forms attached to this by-law which may be amended, added to or deleted from time to time and which Forms shall fom~ part of this by-law; "Humane Society" means The Niagara Falls Humane Society or such other agent as the Municipality may appoint and retain from time to time for thc purposes of animal control; "Municipality" means The Corporation of the City of Niagara Falls; "owner" includes a person who possess or harbours an animal and "owns" has a corresponding meaning; "public place" includes a highway, public park and other municipal property; "Schedules" mean the schedules attached to this by-law which may be amended, added to or deleted from time-to-time and which Schedules shall form part of this by-law; "Urban Boundary" means the urban boundary as set out in Schedule "G" attached to this by- law. Those animals in the City which are prohibited or regulated in this By-law are set out in the -2- Schedules attached to this By-law. In the event of any conflict between the provisions of this By-law and any other general or special by-law, the provisions of this By-law shall prevail. Every person who contravenes any provision of this By-law is guilty of an offence and upon conviction, is liable to a fmc not exceeding $5,000.00. Ifa court of competent jurisdiction should declare any section of this By-law or part thereof, or any provision in the Schedules or Forms to be invalid, such section, part or provision in the Schedules shall not be construed as having influenced Council to pass the remainder of the By-law or the provision in the Schedules, and it is hereby declared that the impugned section or provision in the Schedules shall be severable and distinct from the remainder of this By-law or Schedules and the remainder of the By-law or Schedules shall be valid and shall remain in force. By-laws No.95-237 and 99-120 are repealed. The short title of this By-law is the Animal Control By-law. Passed this 15th day of July, 2002. i i xN o ..... .................... First Reading: Second Reading: Third Reading: July 15th, 2002. July 15th, 2002. July 15th, 2002. -3- SCHEDULE "A" DOGS No owner shall keep more than three dogs in or about any dwelling unit. Notwithstanding section 1 of this Schedule, every owner who owns more than three dogs at the date of the passage of this By-law, may be permitted to keep the dogs on condition that the dogs are registered in accordance with section 3 of this Schedule. Within ninety days of the passage of this By-law, every owner who wishes to keep more than three dogs in or about a dwelling unit, shall fully complete the foim attached to this By-law as Form 1, failing which the Clerk shall refuse to register the dogs. Every owner who successfully registers dogs pursuant to section 3 of this Schedule shall be entitled to keep the dogs until the dogs die or are otherwise disposed of but otherwise shall be in full compliance with respect to the maximum number of dogs that an owner is entitled to keep in or about a dwelling unit. Ail registrations for dogs in accordance with this Schedule are non-transferable. Notwithstanding section 1, an owner may keep more than three dogs upon filing with the Clerk satisfactory documentation proving that the owner is a breeder registered with an association incorporated under TheAnitnalPedigree Act and that all dogs are, or are eligible to be, registered with an association incorporated under The Animal Pedigree Act. (1) (2) Notwithstanding section 1, a dog rescue group may keep more than three dogs upon filing with the Clerk satisfactory documentation proving that the group is a bonafide dog rescue organization, and A dog rescue group shall operate under a kennel licence. -4- SCHEDULE "B" CATS In this Schedule: "being at large" means to be found in any place other than the property of the owner of the cat and causing damage to property other than the property of the owner of the eat, and "be at large" has a corresponding meaning. This Schedule applies to all owners of cats in the Municipality who reside within the Urban Boundmy. No owner shall allow or permit his or her cat to be at large. (1) No owner of a cat shall allow or pemfit the cat to defecate or urinate on or in the following places: (a) private property, other than the property of the owner; or Co) in any public place. (2) The owner shah immediately and without delay, remove the excrement and provide for its sanitary disposition. (1) (2) No owner shall keep more than three cats in or about any dwelling unit except that any owner who, on the date of the passage of this by-law, was lawfully keeping more than three cats may keep those cats until they have died or are otherwise disposed of. Subsection (1) does not apply to any owner who is registered as a breeder with The Canadian Cat Association and whose cats are registered with The Canadian Cat Association. (a) a cat is impounded, the owner shall pay the following expenses incurred: the expenses of taking the cat into custody; the expenses for the care of the cat; (c) veterinarian fees; and (d) cage rental fees. (1) Every owner shall claim the cat within five days of the day on which the cat was impounded, excluding the day of impounding, Sundays and statutory holidays. (2) -5- Where a cat is not claimed by its owner in accordance with subsection (1), the eat may be adopted forthwith or disposed of or killed in a humane manner. 8. 9. 10. 11. -6- SCHEDULE "C" CHICKENS In this Schedule: "being at large" means to be found in any place other than the property of the owner of the chicken and "be at large" has a corresponding meaning. No owner shall allow or pemfit his or her chicken to be at large. Roosters are not pemfitted within the Urban Boundary. The total number of chickens permitted within the Urban Boundary shall be as follows; (a) On and al[er July 15, 2002: On and al[er July 15, 2005: maximum 20 chickens maximum 10 chickens All chicken coops shall be located only in the rear yard and must fully enclose the chickens and prevent them from escaping. The chicken coop shall be designed and constructed to ensure proper ventilation and sufficient space for the chickens and maintained in accordance with good animal husbandry practices and shall keep all vermin out. All dead chickens must be disposed of immediately and in any event, within 24 hours. There must be hygienic storage of and prompt removal of chicken feces. The chicken's food supply must be protected against vermin. All lots housing chickens must have: (2) (a) detached dwellings on them; (b) a frontage of at least 40 feet; and, (c) a depth of at least 100 feet. (1) The chicken coop shall be located at least 25 feet from the rear lot line of the lot on which the chicken coop is located. The chicken coop shall be located at least 15 feet from any side lot line of the lot on which the chicken coop is located. 7. 8. 9. 10. -7- SCHEDULE "D" RABBITS In this Schedule: "being at large" means to be found in any place other than the property of the owner of the rabbit and "be at large" has a corresponding meaning. No owner shall allow or permit his or her rabbit to be at large The total number of rabbits permitted within the Urban Boundary shall be as follows: (a) On and after July 15, 2002: On and after July 15, 2005: maximum 10 rabbits maximum 6 rabbits All rabbits must be located only in the rear yard and the rabbitry must fully enclose the rabbits and prevent them from escaping. The rabbitry must be designed and constructed to ensure proper ventilation and sufficient space for the rabbits and maintained in accordance with good animal husbandrypractices and must keep all vemdn out. All dead rabbits must be disposed of immediately and in any event, within 24 hours. There must be hygienic storage of and prompt removal of rabbit feces. The rabbit's food supply must be secured against vermin. All lots housing rabbits must have: (a) detached dwellings on them; (b) a t~ontage of at least forty feet; and, (c) a depth of at least !00 feet. (1) The rabbitry shall be located at least 25 feet fi'om the rear lot line of the lot on which the rabbitry is located. (2) The rabbitry shall be located at least 15 feet from any side lot line of the lot on which the rabbitry is located. -8- SCHEDULE "El" EXOTIC ANIMALS o In this Schedule: "Agricultural Operation" means a business operated outside the Urban Boundary for the principal purposes of agriculture and which involves a commitment of finances, time, size, and scope and with a reasonable expectation of a profit; "exotic animal" mean.~ any animal or animals of any class and classes listed on Schedule "E2" attached to and forming part of this By-law; "Rehabilitation Centre" means a facility established for the care and treatment of injured, sick or orphaned animals-with the objective of restoring the animals to their framer capacity or function and then returning and releasing them to their natural habitant. No owner shall keep an exotic animal in the Municipality unless those animals are kept: (a) in a Veterinary Hospital under the care of a licensed Veterinarian; (b) on the lands and premises of the Humane Society and the Ontario Society for the Prevention of Cruelty to Animals, and such lands and premises, as may be required by the Humane Society or the Ontario Society for the Prevention of Cruelty to Animals, to house or shelter exotic animals, on a temporary basis, because of space or special requirements; (c) on any lands and premises listed on Schedule "E3" attached to and fomaing part of this By-law; or, (d) in accordance with the provisions of this Schedule. Unless otherwise permitted in this Schedule, no owner shall keep an exotic animal in the Municipality. Notwithstanding section 3, every owner who successfully registered an exotic animal pursuant to By-law No. 95-237 shall be entitled to keep the exotic animal until the exotic animal dies or is otherwise disposed of. All registrations for exotic animals are non-transferable. No person shall be required to register the keeping of an exotic animal, if the exotic animal is kept on any of the lands and premises set out in section 2(a), (b), and (c) of this Schedule. -9- Exotic animals may be kept at an agricultural operation, where the agricultural operation is listed on Schedule "E3". Exotic animals may be kept on lands and premises where exotic animals are kept for public exhibition and display as part of a commercial establishment and which lands and premises are listed on Schedule "E3". Exotic animals may be kept at a Rehabilitation Centre, where the Rehabilitation Centre is listed on Schedule "E3". 10. Any person may apply to have any lands or premises added to Schedule "E3" by appearing before Council and establishing to the satisfaction of Council that he or she intends to keep the exotic animal for purposes of an agricultural operation, public exhibition and display or rehabilitation centre. 11. Exotic animals may be temporarily kept on the lands and premises used for a circus or similar exhibition and display of exotic animals provided that Council has given its prior approval for the lands and premises to be used for such a circus or similar exhibition and display of exotic animals. -10- SCHEDULE "E2" 1. The following list of animal classes shall be considered exotic animals: (a) All venomous arachnids (such as spiders, scorpions and tarantulas); (b) All canids (such as wolves and coyotes), except domestic dogs; (c) All crocodilians (such as alligators and crocodiles); (d) All felids (such as lions, tigers, and cougars), except domestic cats; (e) All venomous reptiles; (f) All snakes of the families Pythonidae and Boidae (such as pythons and boa constrictors); and, (g) All ursids (such as bears). Examples of animals of a particular class are given in parentheses and are examples only and shall not be construed as limiting the generality of the class. -11- SCHEDULE "E3" The lands and premises at 7657 Portage Road South, Niagara Falls, Ontario, being more particularly described as follows: "ALL AND SINGULAR those certain parcels or tracts of land and premises situate, lying and being in the City of Niagara Falls, in the Regional Municipality of Niagara, and being composed of parts of Township Lots Nos. 175, 190, 191,193, 194, 219, 220, 221,222 and 223 and parts of the original road allowances between Township Lots Nos. 190 and 191, between Township Lots Nos. 193 and 194, between Township Lots Nos. 220 and 221, between Township Lots Nos. 222 and 223, and part of the original road allowance formerly known as Welland Line lying between Township Lots Nos. 193 and 194 on the north, and Township Lots Nos. 221 and 222 on the south (all of said parts of said road allowances closed by By-law No. 293, confirmed by By-law No. 1292, registered as Instrument No. 66579A), all in the former Township of Stamford, County of Welland, and part of Lots 1,2 & 3, Broken Front Concession, Welland River and part of the road allowance between Lots 2 & 3 (closed by By-law) Broken Front Concession, Welland River and parts of Lots 19 & 2 Concession 3 in the former Township of Willoughby, now in said City of Niagara Falls, in the Regional Municipality of Niagara. As previously described in Instrument Number 636799". The lands and premises at 5400 Robinson Street, Niagara Falls, Ontario, being more particularly described as follows: "Lots 18, 19, 20, 21, 22 and 23, and part of Lots 1, 2, 10 and 11 Plan 270 and paxt Ranges 19, 20, 21, 22, and 24 Plan 1 in the Town of Niagara Falls, now the City of Niagara Falls, in the Regional Municipality of Niagara, as previously described in Instrument No. 460971." -12- SCHEDULE "F" FEES AND CHARGES -13- SCHEDULE "G" URBAN AREA BOUNDARY Legend: Urban Area Boundary U :\Cor pgis~AV_Projects\U AB.apr - 14- FORM 1 REGISTRATION OF DOGS EXCEEDING MAXIMUM NUMBER Name of owner of dogs: 2. Address of owner of dogs: 3. Number of Dogs: Name of Dog Type of Dog Colour of Dog Age of Dog 4. I enclose a colour photograph that truly depicts the dogs registered by this form. I certify that the above information provided is true. Signature of Owner His Worship Mayor Wayne Thomson and Members of Municipal Council, City of Niagara Falls, Ontario Members: L-2002-15 Report of Ad Hoc Committee on Animal Populntion Control Our File No. 1999-93 RECOMMENDATION: That the Recommendations set out in Schedule "A" attached, be adopted. March 25, 2002 X BACKGROUND: At its meeting of May 14, 2001, Council established an Ad Hoc Committee on Animal Population Control (the "Committee") with Alderman Janice Wing as Chair. The mandate of the Committee was to study, and make recommendations on, whether there should be a limit on the nUmber of dogs in the City of Niagara Falls and whether there should be a limit on the number of fowl within the urban area of the City. Fowl is defined as meaning a domesticated hen or rooster, chicken, turkey or pheasant. Discussion meetings were held between City and Humane Society staffto investigate such issues as what the practice is in other municipalities. Two Public Meetings were held. The first one was held on November 1, 2001 and the second one on December 18, 2001. Both meetings were advertised in the Review. At thc fn'st meeting, the issue of whether chickens, and in what numbers, should be kept in the urban area, was deferred because no members of the public in attendance were there to speak on that issue. The Chair, at the outset of the Public Meeting, stated that the Public Meeting was prompted by a letter to her, as Council representative on the Niagara Falls Humane Society Board, referring to the incident where Humane Society staff found between 30 to 40 dogs in the flooded basement of a home in Niagara Falls. There was some discussion about private Provincial legislation that would ban puppy mills. However, that legislation was not passed into law. At that Public Meeting, there was some concern expressed that any changes to the existing by-laws would not unfairly target legitimate breeders and kennel operators. It was stated that even if thc City placed a limit on the number of dogs per household, it would not prevent puppy mills. This was confirmed in the second Public Meeting as the control or abolition of puppy mills is within the jurisdiction of the Province. At the second Public Meeting, there were representatives of animal rescue groups. These groups work to rescue or save specific breeds such as greyhounds from death after their racing days are over. These dogs are collected from the owners and found new homes as pets. At any given time, there could be as many as 20 dogs at one location until proper homes are found for them. Dealing with chickens, one individual advised the Committee that he keeps approximately thirty chickens, which include three roosters, in two pens in his back yard on Stamford Green Drive. The chickens are kept for the purpose of producing eggs. This individual statcd that there should be a reasonable minimum number of chickens permitted to be kept in the urban area so as to make it worthwhile to keep chickens for egg-laying purposes. The Chair made a personal inspection, on December 21,2001, of the chicken pens of this individual and found that they were clean, tidy and secure. The pens had very little odour inside them and no odour outside in the back yard, although it is possible that the situation may differ in warmer weather. The Chair was advised, via email, that the situation may differ in warmer weather. The Chair was advised, via entail, of a situation on Arthur Street in which the chickens nm free through the neighbourhood, and cause damage to garden plantings. Neighbours in both the Stamford Green and Arthur Street neighbourhoods expressed concerns about the potential for rats and other vermin to be attracted by the chickens, and of the annoyance caused to them by the crowing of roosters. No one in the audience had any complaints against the keeping of rabbits in the urban area. This Committee was also asked by the Mayor's office to look into this issue. Therefore, it does not appear that there is a problem with the keeping of rabbits. Subsequent to the public meetings, the Chair received a large number of telephone calls and e-mails from individuals who expressed their thoughts and opinion on the issues of the number of dogs and chickens in the City. After reviewing the comments received at the Public Meetings, and via the e-malls and telephone calls, the Committee is making the proposed recommendations as set out in Schedule "A". While there should be limits on the number of dogs in the City, it was felt that owners with dogs that were spayed or neutered should be given more consideration than owners with dogs that could reproduce or be bred. The Committee originally considered permitting two additional dogs per household (for a maximum of five) provided all dogs were spayed or neutered. Due to concerns about the inconsistency this might create with the Cat Control Bylaw (which limits thc number of cats per household to three), the proposal to peniiit additional dogs if all were spayed or neutered was dropped. Council may wish to consider instituting the provision for both species. -3- While there was a recent well-publicized incident involving the keeping of chickens in the urban area, in fact there arc very few complaints received by the City in this regard. FAX 19056840155 P01 HI~g. FFILLS CLERKS TO WHOM r'rH1S MY (..()NCERN. JULY II 2002 WE WOULD LIKI? TO GO ON RECORD STATING THAT'WF AGREE WITH THE PROPOSED BY-[_AW OF 0 ROOSTERS WITHIN THE CITY LIMITS OF THE CITY O'F NIAGARA FALLS DA VI D & A I..,I~.X A.NDRA WOODHOUSE 6766 R1ALI., ~,~' "' "' r" ,.,,,.l ~ t:. t: ! NIAGRA FAI.,LS. ONTARIO L2J IZ6 905-3'74-4078 From: Subject: Dean Iorfida Fwd: from Dorothy Brandt Ward 3 >>> "Brandts" <wbrandt5@cogeco.ca> 07/13/02 09:36AM >>> Please be advised that I am in complete concurrence with the revised recommendations that Janice Wing will be presenting to council on Monday July 15th. This is the issue about animal control. Specifically chickens and roosters. There should be NO roosters or farm animals in urban areas in so called "World Class Cities" These recommendations are a start. Hopefully they will be expanded in the future to allow the new citizens of Niagara to enjoy their yards with families and friends without farm smells and disturbances. Thank you I hope you have positive reactions to this bylaw and it is passes immediately. Dorothy Brandt Ward 3. The City of Niagara FallsI Canada Corporate Services Department Planning & Development 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E6X5 web site: www.city.niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905) 356-2354 E-mail: planning@city,niagarafalls,on,ca Doug Darbyso Director PD-2002.57 July 15, 2002 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD-2002-71, Zoning By-law Amendment Application AM-32/2000, 5840 Dunn Street Proposed 4-Storey, 16 Unit Apartment Building Michael Colanerl & 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 amending by-law and that Council pass the amending by-law to pen-nit the construction of a 4-storey, 16 unit apartment building at 5840 Dunn Street. PREVIOUS APPLICATION: On january 17, 2000 a public meeting was held to consider an application (AM-34/99) to amend the City's Zoning By-law for the property known as 5840 Duma Street. Refer to Schedule 1 to locate the property. The Residential Low Density, Grouped Multiple Dwellings (R4) zoning of the property was requested to be changed to a site specific Institutional (1) zone to permit the c0nstmction of a 5-storey, 27 unit senior citizen's apartment building with reduced parking. A number of area residents expressed concern that the apartment building was too tall. Staff recommended approval of the application, but noted that Council may wish to consider a lesser building height in keeping with the character of the area. After considering staff's report and the input received from area residents, Council approved the application as submitted conditional on the area residents being involved in the site plan approval process and a report from the City's Solicitor on the ability to restrict the occupancy of the apartment building to senior citizens. Working Together to Serve Our Community Clerk's Finance . Human Resources Information Systems Legal Planning & Development July 15, 2002 - 2 - PD-2002-71 Subsequent to Council's request, on March 20, 2000, the City's Solicitor advised Council (L- 2000-12) that: i) attempting to restrict tenants of an apartment building to those 60 years of age and older would contravene the Human Rights Code; ii) Council would not be able to regulate the age restriction through the Zoning By-law; and iii) a relaxed parking standard could be problematic. Subsequent to this legal advise, the applicants abandoned their application for a senior citizens apartment. CURRENT APPLICATION: In September 2000, the Colaneris filed an application to amend the City's Official Plan and Zoning By-law to permit the construction of a 5-storey, 27 unit apartment building, suitable for all age groups, with an underground parking garage and surface parking area to satisfy the City's standard parking requirements. Refer to Schedule 2 for further details. An amendment to the City's Official Plan was required because the apartment building exceeded the City's policies for conventional apartment buildings. A public meeting to consider the application was held on October 16, 2000. Similar to the previous application, a number of area residents objected to the height of the building. Staff recommended the revised proposal based on the fact that it was the same height and density as the senior's proj eot which Council had previously approved for the site; the building setbacks and landscaping were similar to the previous project; and the City's standard parking requirements wereproposed to be met. ARer considering staff's report and the comments ofthe area residents Council approved the application in principle. Staff prepared the by-laws to amend the City's Official Plan and Zoning By-law subsequent 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' committee submitted a report raising a number of issues. Following some discussion, Council deferred further consideration of the by-laws until the applicants could be in attendance before Council. After the by-laws were deferred, staffmet with the applicants and encouraged them to meet with the area residents and discuss their development prior to returning to Council. The applicants presented a revised 5-storey, 20 unit apartment building with surface parking to a number of area residents with limited success. 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 4 storeys and 16 units respectively. The chart below shows how the current proposal compares to what can presently be developed on the land 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 road allowance has been eliminated from the project. July 15, 2002 - 3 - PD-2002-71 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 height 32.8 feet 47.5 feet 55 feet number of stories 3 4 5 rear yard setback 32.8 feet 65.6 feet 59 feet 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 staffheld a neighbourho0d meeting 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 by-law to Council on June 17, 2002. The. meeting was attended by the applicants and four residents. The residents applandexl the applicant's willingness to reduce the height and density of the apartment, but Continued to feel that it was still too high. They indicated that they would prefer a 3-Storey building as allowed under the property's current R4 zoning over a 4-storey building. The residents also expressed that there is no need for additional apartment buildings in the neighbourhood. Council deferred passage of the amending by-law at their last meeting .and directed staff to hold another neighbourhood meeting to see if the applicants and the residents could agree on an alternative proposal As directed by Council, staffheld a second neighbourhood meeting last week. At the meeting the residents said that they were still concerned about the height and massing of the building, shadows, parking, details of the revised proposal, the planning parameters used to recommend the development, and the need for more apartments in the neighbourhood. The following is a summary of the concerns. i) Height and Massing The residents continue to prefer a 3-storey building over a 4-storey building because they feel a 4-storey building would be out of character with the area. The applicants responded that they are unwilling to further reduce the height of the building. During the meeting the applicants were asked if they would be interested in constructing a 3-storey, 16 unit July 15, 2002 - 4 - PD-2002-71 apartment building with two of the three storeys cantilevering over a portion of the parking tot. This option was acceptable to the majority of the area residents, but was rejected by the applicants because a building designed that way was not their preference, it would cost more to construct and would be more massive horizontally having to be constructed at least 20 feet closer to the southerly lot line. The by-law will limit the number of storeys and provide for a peaked roof design within the overall height. Shadows The residents feel that the potential shadow effect on the detached dwelling abutting the subject property to the west (Mrs. Breasons) has not been addressed. They referred to an Official Plan policy which states that high-rise developments should be erected to minimize the physical extent and duration of shadows on surrounding land uses, particularly with respect to lower density areas. Staffresponded that although the issue of sunlight access is a consideration, the proposed apartment at 4 storeys was not a high- rise building according to the Official Plan's terms. It was agreed that the neighbouring property would experience some shadowing during the early part of each day and for a longer period in the winter when the sun is lowest, but that for the majority of the day it would have full exposure to sunlight. iii) 'Parking iv) v) Although the applicant is proposing to provide the standard number of parking spaces · required by the City's Zoning By-law, the residents feel the standard is outdated because .~ double income families are now the norm and they typically have at least two cars. Staff responded that the City's parking standards are being reviewed as part of the Zoning By- law update which is tmderway. The residents also voiced the concern that a lot of on- street parking is occurring in their neighbourhood because there is insufficient parking in the nearby tourist commercial area. Staff recognized their concern, but noted that one developer should not be held responsible for this situation. Details of the Revised Proposal Residents expressed the concern that no new drawings/site plans had been received by them showing accurate details of the changes made. They also felt they were misinformed. While staff agree that additional information is always helpful in understanding a development, area residents have been circulated the revised drawing (albeit reduced) and were given the opportunity to review full scale drawings at two neighbourhood meetings. Residents were invited to contact staff if they had any questions. Planning Review The residents asked staffwhat guidelines were used to determine that the current proposal was good planning. Staffresponded that they were of the opinion that the revised proiect could be supported because it had been reduced in density, height and mass, now complied with the City's Official Plan, and the City's standard number of parking spaces were being provided. July 15,2002 -5- PD-2002-71 vi) Need for Additional Apartment Buildings The need for additional apartment buildings was questioned. Staff responded that it was a matter of supply and demand which the City is not in the practise of attempting to control. Staff also noted that a number of properties along Dunn Street are prezoned for future apartment buildings and that they are aware of additional lands in the area that are being considered for similar forms of housing. CONCLUSION: The proposal to construct a 5-storey, 27 unit apa~hnent building on the property was approved in principle by Council approximately a year and a half ago. In response to the concerns of the area residents the applicants have reduced the height, massing and density of the project to 4 storeys and 16 units. Staffhave met with the area residents on two occasions in an attempt to achieve consensus prior to the mending by-law being considered by Council. Consensus on the matter has been unattainable. The applicants have requested the necessary amend'rog by-law for the revised proposal to be placed on tonight's agenda. 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 ot~ the project in terms of height and'density, staff is of the opinion that no further notice is required. In addition, 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 rotat'6d re-~Olittion app~afihg~n Council's agenda and to adopt the revised by-law which is also on the agenda this evening. Prepared by:. Respectfully submitted: Ken Mech Manager of Otrrent Planning Recommended by: Doug Darbyson Director of Planning & Development ~?,~ John MacDonald Chief Administrative Officer Approved by: /~ Tony Ravenda Executive Director of Corporate Services KM:gd Attach. S:~PDR~2002\PD2002-71, AM {2-2000 Coianeri, Dunn St.wpd SCHEDULE 1 LOCATION MAP Subject Land Dunn Amending Official Plan & ZOning By-law No. 79-200 5840 Dunn Street Micheal and Tara Colaneri AM-32/2000 I:NTS "Il '7_' Planning Department City of Niagara Falls P.O. Box 1023, 4310 Queen Street NIAGARA FALLS, Ontario L2E 6X5 Dear: Respectful City Staff& Members of Council Re: Michael Colaneri & Tarn Colanerl Zoning By-Law Amendment Application 5840 Dunn Street Your File No. AM-34/99 June 26, 2002 We write to you in disbelief of the past council meeting that was held June 17 2002. With continuing efforts by city staff, and ourselves we havc been misconstrued. Our efforts have been to encompass the residence with this application, to assure proper notice of any development, and to listen to.thc neighbours Concerns. Wc feel that City council has been mislcad in believing that we are not informing or including the arca r~sidcnce of Dunn and Ailanthcus to our plans, modifications, and application. When in fact the first notification was to the neighbourhood cemmittec, they werc called bcfore the meeting, and then met with after, to discuss thc modification for a 5 story 20 unit apartment. Our second notification, and meeting was held at city hall in committee room 2A requested by the residence to discuss thc 4 story 16 unit modification. Before this time a circulation was prepared by Mr. Ken Mech to thc area residence to inform thcm of the meeting being held on June 1;7. If the neighbourghs posse,w, ed any concerns, and missed the netghbourhood meeting, thcy were able to addro~ Mr. Mech before the council meeting, Any modification and changc to this application was brought about to work with thc neighbourghs concerns, wc have been very favorable,'and understanding to their wishes but the time comes when the giving should bo returned. The By-law has yet bcen read, and has been differed twice. Wc wish io meet with anyone who requires additional informatioh to this application. We are unclear with who needs to be met with~ and ask that the city may clarify this issue. It was also said that we would come back to the next council meeting for a public hearing, and we wish to approach council for a final decision'to this application. If any additional information is required please call ns at the office or cell phone. Office ~ 905-262.2222 Cell phone ~ 905-984-9216 Sincerely Michael Colaneri & Tara Colaneri The City of Ni~ ~ara Falls, Ontario Council Chambers No. July 15, 2002 Moved by Alderman Seconded by Alderman RESOLVED THAT the Council of the Corporation of the City of Niagara Fails hereby detcr-:'ines in accordance with Section 34(17) of the Planning Act, R.S.0., that the changes to the proposed~zoning by-law for application AM-32/2000 (Michael Colaned & Tam 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 affixed. DEAN IORFIDA WAYNE THOMSON CITY CLERK MAYOR CITY OF NIAGARA FALLS By-law No. 2002-117 A by-law to amend By-law No. 79-200, as amended. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Sheet C5 of Schedule "A" to By-law No. 79-200, as mended, is further amended by redesignating from R4 to RSB and numbered 500, the land on the southwest comer of Dunn Street and Ailanthus Avenue, being Part of Lots 1 and 3 according to Plan 68, in the former Township of Stamford, now in the City of Niagara Falls, in the Regional Municipality of Niagara, and now shown hatched and designated RSB and numbered 500 on the plan Schedule I attached to and forming part of this by-law. 2. Notwithstanding the provisions of sections 4.13 Co),4.27.1 and 7.11.1, and subsections 7.11.2 (aL(b), (c), (d), (e), (f), (h), (1) and (m) of By-law No. 79-200, as amended, no person shall use the land described in section 1 of this by-law and shown hatched on the plan Schedule 1 attached hereto, or erect or use any building or structure thereon except for only one apartment dwelling having up to 4 storeys and up to 16 dwelling units and only one garbage bin enclosure, and except in compliance with the following regulations: (~ Minimuml~area the whole of the land shown on Schedule 1, attached hereto. (b) Minimum lot frontage (c) Minimum front yard depth 27 metres 6 metres after any required rom widening. (d) Minimum rear yard depth 20 metres, save and except for a garbage bin enclosure which may be as close as 16 metres. (e) Minimum interior side yard width (f) Minimum exterior side yard width (g) Maximum height of building or structure and maximum nUmber of storeys 5 metres 6 metres after any required road widening, save and except for a garbage bin enclosure which may be as close as 1.5 metres 14.5 metres and 4 storeys (h) Minimum landscaped open space and fencing 30% of the lot area including landscaping strips not less than 6 metres in width between the front lot line and the building, 1.5 metres in width between the exterior side -2- lot line and any parking area except for any driveway entrances and a garbage bin enclosure, and 0.9 metres in width between the southerly rear yard and any parking area. A 1.8 metres high close-board fence along the southerly and westerly property line, save and except in the front and exterior yards where it shall only be 1.2 metres high, and a 1.2 metres high close-board fence along the easterly property line, save and except for any driveway entrances, all except in the fxont yard. 4. Section 19 of. By-law No. 79-200, as amended, is further amended by adding thereto the following: 19.1.500 Notwithstanding the provisions of sections 4.13 (10), 4.27.1 and 7.i1.1, and subsections 7.11.2 (a), (b), (c), (d), (e), (f),0a), (1) and (m) of By-law No. 79-200, as amended,.no perSon, shall use the land on the southwest comer of Durra Street and Ailanthus Avenue, designated R5B and numbered 500 on Sheet C5 of Schedule "A", as amended, or erect or use any building or structure thereon except for only one apartment dwelling having up to 4 storeys and up to 16 dwelling units and only one garbage bin enclosure, and except in compliance with By-law No. 2002- Passed this day of ,2002. DEAN IORFIDA, CITY CLERK WAYNE THOMSON, MAYOR First P(eading: ,2002 Second Reading: ,2002 Third Reading: ,2002 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.niaga rafalls.on.ca July 15, 2002 Doug Darbyson Director PD-2002-68 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: RECOMMENDATION: PD-2002-68, Public Meeting Garner Estates.Phase 4 Draft Plan of Subdivision File: 26T-11-2002-04 Owner: River Realty Development (1976) Inc. It is recommended that Council consider input received at the Public Meeting and refer all matters to staff for the review of the Garner Estates Phase 4 Draft Plan of Subdivision. BACKGROUND: The purpose of this Public Meeting is to receive information and provide an opportunity for the public to comment on the proposed subdivision. Planning & Development will consider all comments received from the public, Region, agencies and City departments and prepare a recommendation report to Council at a future meeting. There is to be no decision made at the meeting held tonight. Notice of the Public Meeting was given in accordance with the requirements of the Planning Act. The applicant has been invited to attend this Public Meeting to provide an overview of the subdivision proposal and answer any questions. PROPOSAL: The applicant proposes to subdivide an 11.45 hectare (28.29 ac~e) site into 70 single-detached lots, 26 semi-detached lots, and separate blocks for an institutional use,.stormwater management area, parkland and future access to adjoining lands. The property is north of McLeod Road and east of Garner Road (see location map). The proposed road pattem is an extension of McGarry Drive and also connects to McLeod Road. The development surrounds recently approved sites for a church and high school. There is one lot with direct access to Garner Road. The City's Official Plan designates the property Residential which permits a variety of housing types. The land is currently zoned Development Holding (DH) through Zoning By-law 79-200, as amended. The applicant has requested the zoning of the land be changed to the Residential Single Family 1E Density (R1E) category for the single-detached lots, to the Residential Single Family and Two Family (R2) zone Working Together to Serve Our Community Clerk's Finance . Human Resources Information Systems Legal Planning g Development July 15, 2002 - 2 - PD-2002-68 for the semi-detached lots, and to a special Institutional (I) classification for the institutional use. The related zoning by-law amendment (File AM-27/2002) will be subject to a Public Meeting at a later date. CONCLUSION: The Public Meeting is an important part of the consultation and input process in the review of development applications. This meeting satisfies the requirements of the Planning Act. Comments received will be considered in preparing the recommendation report on the proposed subdivision. Prepared by: Richard Wilson Planner 2 Respectfully submitted: '- Jotm MacDonald Chief Administrative Officer Recommended by: Doug Darbyson Director of Planning & Development Approved by: Tony Ravenda Executive Director of Corporate Services RW:gd Attach. FILE: SfiPDR~002~D2002-68, 26T-11-2002-04 Garner F.~ tatea Ph~e 4.wpd Proposed Plan of Subdivision Garner Estates Phase 4 26T-11-2002-04 Location Other Lands Of Applicant Elementary Schools Phase 3 Future High School Subject Land 1 The City of Niagara Fails Canada Corporate Services Department Planning & Development 4310 Queen Street P,O, Box 1023 Niagara Falls, ON L2E 6X5 web site: www,city,niagarafalls,on,ca Tel: (905) 356-7521 Fax: (905) 356-2354 E-mail: planning@city.niagarafalls,on,ca Doug Darbyson Director PD-2002-64 July 15, 2002 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re.' PD-2002-64, Zoning By-law Amendment Application AM-03/2002, 5046 Centre Street Applicant: Niagara Princess Hotels Agent: Michael Allen Proposed 10-st0rey Hotel RECOMMENDATION: It is recommended that Council approve the Zoning By-laW amendment application for 5046 Centre Street to permit the development of a 1 O-storey hotel building. THE PROPOSAL: Niagara Princess Hotels has made application for a Zoning By-law amendment for 5046 Centre Street, as shown on Schedule 1. The appli9ant is proposing to construct a 10-storey hotel building on the subject property and retain the existing three-storey motel, as shown on Schedule 2. The land is currently zoned Tourist Commercial (TC) under the City's Zoning By-law No. 79-200. A site specific zoning is requested to be applied to the land to permit the proposal, SURROUNDING LAND USES: The subject property extends from Ellen Avenue through to McGrail Avenue, with tankage along thewest side of Centre Street. Surroundingland uses are essentially tourist commercial comprised ofmotels, restaurants and parking lots. Legal non-conforming residential land uses are located along McGrail Avenue, just to the south of the subject property on the west side and north of Centre Street. Working Together tO Serve Our Community Clerk's Finance Human Resources Information Systems Legal Planning & Development July 15, 2002 - 2 - PD-2002-64 CIRCULATION COMMENTS: Information regarding the application was circulated to City departments, government agencies and the public for comment. The following have been received: Municipal Works A 3.7 foot to 8.1 foot road widening is to be dedicated along Centre Street. - A 7.0 foot mad widening is to be dedicated along McGrail Avenue. - A 14.7 x 14.7 foot daylighfing h'iangle is to be dedicated at the intersection of Centre Street and McCa'ail Avenue. Building & By-law Services - Certain Ontario Building Code requirements relating to spatial separation of buildings, conutmcfion and lure alarm requirements will have to be confirmed by the architect at site plan review. * Fire Services No objections. Parks, Recreation & Culture - The locust tree on Centre Street and the sugar maple tree on McGrail Avenue are to be preserved. PLANNING REVIEW: 1. The proposal complies with the intent and purpose of the Official Plan. The subject property is designated Tourist Commercial in the Official Plan. The land is located in the Clifton Hill subdistrict. Tourist Comraereial uses located west of Victoria Avenue shall provide an appropriate transition and relationship with the adjacent existing residential and institutional uses. The proposed 10-storeyhotel is a further development that is in keeping with the continuum of tourism uses, which includes restaurants, motels and parking lots, that extends west along Centre Street fi:om Victoria Avenue. The residential land uses located to the north on McGrail Avenue have a separation distance from the site such that the 10-storey building should not have any impact with respect to traffic, noise or shadowing. There are three dwellings located across McCJrail flora the subject property. The dwellings are opposite the parking area for the hotel. The parking area is landscaped along McGrail which should provide an adequate buffer for the dwellings. The 10-storey height is in compliance with the Plan's height strategy. Buildings in the area between Ellen Avenue and McGrail Avenue are permitted, through a site specific rezoning, to have a height of up to 12 storeys. The building is also in compliance with the guidelines for high-rise buildings because of the following attributes: The 2-storey podium has been extended toward the (future) proper~y line along Centre Street with a patio to provide for pedestrian-scale uses. July 15, 2002 - 3 - PD-2002-64 The podium is marked with a cornice feature. · There is a distinct change in materials between the podium and the tower portion. · The building massing is well within the criteria. · A roof feature has been provided. The design guidelines state that 20 feet of landscaping should be provided between the sidewalk and a surface parking lot. The site plan shows that only 10 feet of landscaping has been provided, however, the landscape plan illustrates that a dense screening will be obtained because of the tree and shrub planting. This complies with the Streetscape Master Plan which states that a 10-foot landscape screen can be used if it is densely planted with coniferous shrubs and trees. Details of the specific planting will be required at site plan review. The proposed zoning amendment is appropriate. The subject property is currently zoned TC under the Zoning By-law No. 79-200. The apphcant has requested that site specific zoning regUlations be applied to the land to permit the 10-storey hotel building and to retain the three-storey motel. This is appropriate. 'The amending by-law will include provisions for building height, number of storeys, a roof feature, setbacks and landscaping. The apphcant has also requested a site specific amendment to the definition of a hotel within the Zoning By-law. The design of the hotel does not include meeting rooms or a public dining facility as required by the By-law. The market catered to by the applicant does not require meeting rooms. The 30-seat caf6/lounge will only provide breakfast for patrons. Parking requirements of the Zoning By-law for the caf6/lounge and a retail shop will still have to be met. Parking that would have been required for the meeting rooms is now · available for hotel patrons. As such, staffhas no objections to amending the hotel definition site specifically. The applicant will be required to enter into a site plan/section 37. agreement to guarantee on-site works and streetscaping. A site plan agreement will be required of the applicant. The site plan drawings will detail building elevations, parking layout, landscaping and servicing. The applicant will also have to dedicate the road widenings and daylight triangle noted above as a condition of the agreement. A section 37 agu'eement is required for all developments above four storeys. In this case, the agreement will contain requirements for the streetscaping of Centre Street, Ellen Avenue and McGrail Avenue, in accordance with the provisions of the Streetscape Master Plan. These requirements will include sidewalk extensions, street trees and hardware such as benches, bollards and trash receptacles. July 15, 2002 - 4 - PD-2002-64 CONCLUSION: In conclusion, the application can be supported for the following reasons: * The proposal is within the intent and purpose of the Official Plan. Planner 2 The proposal for 10 storeys is within the height strategy for the area. The proposal satisfies the design criteria for high-rise buildings. The requested amendment is appropriate. Site works and streetscaping will be guaranteed through a site plan/section 37 agreement. Respectfully submitted: '~ John MacDonald Chief Administrative Officer Recommended by: Doug Darbyson Director of Planning & Development Approved by: Tony Ravenda Executive Director of Corporate Services JB:tc Attach. S:kPDR~2002~PD2002-64, AM03-2002, Nia$ Princ~s.wpd SCHEDULE 1 LOCATION MAP Subject Land Amending Zoning By-law No. 79-200 5046 Centre Street Applicant: Niagara Princess Hotels AM-03/2002 ~ Planning ' " ~,,~^ li ~1~ . ~IL' A V~U~ ~Y,~ "~ --- ~.~ ....... " ~.-- '~_.~. _.~ ~ ~ -~ . '~~ "-I.I I.. 1~ ~ k '-""~'".___.--- SI~P~ ................................... · __ ..... . - - '. ~B 06~ --__ SITE PLAN Date: To: NIA~'RA REGIONAL MUNICIPALITY OF NIAGARA PLANNING AND DEVELOPMENT DEPARTMENT June 28, 2002 Mr. Doug Darbyson, MCIP, RPP Director of Planning and Development City of Niagara Falls REGIONAL AND PROVINCIAL REVIEW COMMENTS Re: Proposed Zoning B?.law Amendment I O-StoreY Hotel Centre 8traet and McGrail Avenue Clty of Niagara Falls Your File: AM-03/2002 (Niagara Princess HOtels) Proposal: To permlt.a 10-storey hotel and to retain an existing three-storey hotel. REGIONAL REVIEW Regional Policy Plan: urban Area Regional PubllcWorks: Refer to Public Works Comments Regional Public Health: Not Applicable Additional Comments: The ~ty's tourism policies permit hotels up to 12-siorays in this location subject to the applicant submitting all requlrod rezoi~lng Information and providing sidewalk and streetscape improvements and subject to City Council's satisfaction that the development adheres, to the intent of the tourism policles and applicable design criteria. A Peer Review e.only required for buildings exceeding 10-storeys. ~PROVINCIAL REVIEW Based on available Information, this proposal affects/does not appear to affect the Interests of the following Provincial Ministries: Ministry of Agriculture, Food & Rural Affairs Ministry of Citizenship, Culture & Recreation Ministry of Environment Ministry of Municipal Affalm & Housing iNTERESTS AFFECTED INTERESTS NOT AFFECTED Ministry of Natural Resources Additional Comments: None RECOMMENDATIONS [] Based on our review, Regional Planning Staff have no'objection to the approval of this application. [~' rrhe following'ara additional com.ment~ or conditions of approval: The City should ensur~that this development Is c~nsistent with the applicable tourism pollcles and design criteria. Prepared by: ( - Pat Busnello, Planner Development Implementation Services Please send notice of the decision Copy to: W. Stevens, Regional Public Works L 3550 Schmon Parkway P.O. Box 1042-Thorold Ont. L2V 4T7- Phon RECEIVED JUL 2 - 2002 PLANNING .1-5208 I The City of Niagara Falls Canada Corporate Services Department Planning & Development 4310 Queen Street P.O. Box 1023 Niagara Fa[is, ON L2E 6X5 web site: www.city,niagarafalls.on,ca Tel: (905) 356-7521 Fax: (905) 356-2354 E-mai[: planning@city.niagarafalls.on.ca July 15, 2002 Doug Darbyson Director PD-2002-65 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD-2002-65, Zoning By, law Amendment Application AM-22/2002, 6563 Main Street, 5481 Dunn Street and 6546 Stanley Avenue Applicant: Hellas Enterprises Limited Agent: Steven Latinovich Proposed Expansion to the Horseshoe Inn RECOMMENDATION: It is recommended that Council approve the Zoning By-law amendment application to permit a one-to eight-storey addition to the Horseshoe Inn. THE PROPOSAL: Helias Enterprises Limited, through its agent, steven Latinovich, has made application for a Zoning By- law amendment for the lands known as 6563 Main Street, 5481 Dunn Street and 6546 Stanley Avenue, as shown on Schedule 1. Helias is proposing an expansion to the Horseshoe Inn, as shown on Schedule 2, that involves: a one-storey addition on the west side of the existing four storey hotel; a four-storey addition on top'of the existing four-storey hotel; and an eight-storey addition on the north side of the existing four-storey hotel. The subject lands are currently zoned Tourist Commercial (TC-417) which permits the existing four- storey hotel and a 23-storey hotel addition only. The applicant is requesting that the zoning of the lands are amended to: permit the proposed additions; retain the current approval for a 23-storey building height; and reinstate the development rights under the standard TC regulations of Zoning By-taw No. 79-200. Working Together to Serve Our Community Clerk's . Finance , Human Resources Information Systems Legal Planning & Development July 15, 2002 - 2 - PD-2002-65 SURROUNDING LAND USES: The subject lands occupy the majority of the block between Main Street, Stanley Avenue and Dunn Street. Surrounding land uses are tourist commercial comprising of hotels, motels, restaurants and retail/souvenir stores. CIRCULATION COMMENTS: Information regarding this application was circulated to City depaxh,~ents, government agencies and the public for comment. The following have been received: Building & By-law Services Architect to confirm spatial separation, fire access and protection during site plan review. · Fire Services - No objections. · Parks, Recreation & Culture - No obj.ections. PLANNING REVIEW: The following is a summary of statTs assessment of the application: 1. The current 23-storey zoning was approved under the regime of the Tourism Master Plan. The current zoning of the subject lands permits the development ofa 23-storeyhotel. This zoning was approved in 1997 prior to the initiation of the Tourist Area Development Strategy (TADS). At that time, high-rise developments were being reviewed with respect to the criteria established bythe Tourism Master Plan (TMP). Because of this, By-law No. 97-57 is a very restrictive by- law as the TMP sought to regulate density.as well as building height. Urban design strategies, notably, built form and public realm improvements, were not the premise of the TM? as they axe under TADS (and the current Official Plan policies). As such, while being restrictive, the by-law also does not afford the City the opportunity to obtain public realm improvements in exchange for increases in building height as is now the case for any development over four storeys. The current application provides for a building addition over four storeys, therefore, the amending by- law includes requirements for public realm improvements through a section 37 agreement. The application complies with the intent and purpose of the Official Plan. The subject land is designated Tourist Commercial in the Official Plan. It is within the Fallsview subdistrict which is to function as the primary area for large-scale accommodations, entertainment, retail and cultural attractions. Building heights in this area, under the Plan's height strategy, can attain 30 storeys. The proposal is a three-part expansion to the existing hotel, as noted above. At eight storeys in height, the proposal is well within the height strategy. However, application of Design Criteria for High-Rise Buildings reveals that there are some minor deviations. July 15, 2002 - 3 - PD-2002-65 Main Street is considered a Falls Access Street and is to encourage pedestrian circulation with a variety of experiences. To this end, podiums are to be built to the streetline with pedestrian-scale uses. This has not been provided. However, the design can be modified to include a garden area and/or patio between the building and the street in order to provide for pedestrian amenity space. Within the vicinity of the proposed hotel expansion, landscaping has been provided and will screen part of the parking lot. However, areas of the existing parking lot do not meet the design criteria for parking lots. In fact, some parking spaces encroach within the Stanley and Main area. The encroaching parking spaces can be removed without impacting on the provision of parking to meet zoning requirements. Areas of deficient landscaping should be upgraded. The Design Criteria stipulates that a 40-foot side yard setback be provided above four storeys. Such a setback is desirable for high-rise buildings in order to provide a stepped building form, reduction in massing, and a separation distance from the abutting property. In this case, a setback of less than six feet is proposed. The six-foot setback is that of the existing hotel; the addition on top of the existing hotel is merely maintaining the existing setback. As the proposed height is eight storeys, the impacts respecting massing and built form are not prevalent. Accordingly, staff is not opposed to the proposed setback. The above matters can be addressed during site plan review. The proposed amendment is appropriate. The lands axe currently zoned TC-417. Special provision 417, enacted through By-law No. 97- 57, permits the existing four-storey hotel and a 23-storey addition only. As noted above, the applicant is requesting an amendment that will accomplish the following: i) Permit the proposed additions The current eight-storeyproposal is not permitted byBy-law No. 97-57. The language of the by-law specifically states that no other development other than what is existing or a 23-storey hotel is permitted. The amending by-law will effectively remove that language and permit a building height up to a maximum of 23 storeys. Reinstate the previous development rights afforded by the Zoning By-law By-law No. 97-57, and the 23-storey hotel that it allowed, was considered during the time when high-rise development was being controlled by the viewplane criteria established by the Tourism Master Plan (TMP). The TMP also contained density regulations in order to control the number of rooms that could be built on any given property. Because of this, the by-laws drafted under this regime were highly restrictive. The Official Plan tourism policies, premised on the Tourist Area Development Strategy (TADS), are much less restrictive in their approach to development control, relying on urban design and built form. As such, amending by-laws are no longer written to only permit the current proposal. The standard development rights, that is, buildings of four storeys or less in height under the Zoning By-law are left intact. To reinstate the development rights under the Zoning By-law for the subject lands is therefore appropriate. July 15, 2002 - 4 - PD-2002-65 iii) Retain the maximum building height of 23 storeys As regulated by By-law No. 97-57, Helias has development rights to construct a 23-storey hotel. Discussions with Helias and their architect have revealed that Hellas is planning for this hotel tower, albeit with a different configuration and location, Nevertheless, they wish to retain the current 23-storey approval together with the same regulations governing the location of' the tower. The applicant will be required to enter into a site plan/section 37 agreement with the City to guarantee on-site works and streetscaping. A site plan agreement will be required of the applicant. The site plan drawings will detail building elevations, paving, lighting, landscaping and servicing. The deviations from the Design Criteria noted above will be addressed in the site plan agreement. A section 37 agreement is required for all proposals above four storeys. In this case, the agreement will contain the requirements of the Streetscape Master Plan for one of the three flanking frontages. CONCLUSION: In conclusion, the application can be supported for the following reasons: Planner 2 The proposal is within the intent and purpose of the Official Plan. The eight-storey building height is well within the height strategy for the area. Design modifications will be addressed in the site plan agreement. Respectfully submitted: t~ Jolm MacDonald Chief Administrative Officer Recommended by: Director of Planning & Development Approved by: .~ Tony Ravenda Executive Director of Corporate Services JB :tc Attach. S2PDR'~2002~PD2002-65, AM22-2002, Helias wpd SCHEDULE 1 Amending Zoning By-law 79-200 Subject Land 6563 Main Street 5481 Dunn Street 6546 Stanley Avenue Location Map AM-22/02 Applicant: Helias Enterprises (Rick Dritsacos) Ju~e20o2 ~TE AREA: 92..~5~ SJ~. (8..~80 SO.~.) TOTAL (~OSS FLOOR AREA: 75.~,00 S.¢. (7,005 ~:~OSS FLOOR AREA Of' BLDG FOOI~RINT: 20,600 $.F. (1,g14 SO.Id.) E~a$11~G HOT~. & 1401~L: 81 KEY PLAN: Date: To: REGIONAL MUNICIPALITY OF NIAGARA PLANNING AND DEVELOPMENT DEPARTMENT REGIONAL AND PROVINCIAL REVIEW COMMENTS June 27, 2002 Doug Darbyson, MClP, RPP Director of Planning and Development City of Niagara Fails I ..J~ Plannrng Re: Zoning By-law Amendment Application Hellas Enterprises 6543 Main St., $481 Dunn St. & 6546 Stanley Ave. ' City File: AM-2212002 Proposal: To permit hotel' expansion for up to an eight storey addition. REGIONAL REVIEW Regional Policy Plan: urban Area Regional Public Works: Refer to Public Works Cqmments Regional Public Health: Not Applicable Additional C~mmanta: A sita.specific by-law was previously granted ta allow a 23 storey building heigl~t. The oWner wishes to retain this zoning and to reinstate previsions under the standard Tourist Commerdal zoning. In this regard, the current prqposal would appear to have less impact on the surrounding area. PROVINCIAL REVIEW ] Baaed on available Information, this proposal affecta/does not appear to affect the Interests of the following Provincial Ministries: Ministry of Agriculture, Food & Rural Affairs Minist~ of Citizenship, Culture & Recreation Ministry of Envirdnment iNTERESTS iNTERESTS AFFECTED NOT AFFECTED Ministry of Municipal Affaim & Housing Ministry of Natural Resources Additional Comments: RECOMMENDATIONS [] Baaed on our revlew, Regional Planning Staff have no objection to the approval of this application. [] The following are additional comments or condifl~)ns of approval: Peter Coiosimo, Planner Development implementation Services Please send notice of Council's decision. Copy to: ~ ~ '~ W Stevens, Regional Public Works RECEIVED JUL 2 - 2002 3550 Schmon Parkway P.O. Box1042-ThoroldOnt. L2V4T7-Phone(905) 984-3630 FAX{905) 641-5208 The Niagara Parks Commission P.O. Box 150. Niagara Falls, Ontario, Canada [2E 6T2 Ontario Brian E. Merrett C~i~ John A,M, Kemahan ~eneml M~nag~r E-Mail: npinfo@niagarapa~ks.cam Web Site: http://www, niagaraparks.com Telephone 905/356-~241 Fax 905/354-6041 Engineering Fax: 905/356.7262 E.Maih npceng@niagaraparks.com July 10, 2002 Mr. Doug Darbyson, Director of Planning City Hall 4310 Queen Street Niagara Falls, ON L2E 6X5 · Dear Sir:. RE: ZONING BY LAW AMENDMENT APPLICATION AM-2212002 ' HORSESHOE INN 6543 MAIN STREET, NIAGARA FALLS The Niagara Parks CommissiOn has no objection to the above noted application provided it is reviewed and approved by the Architectural Peer Review Committee. We would appreciate a copy of your decision. Yours truly, Dave Gillis Manager- Planning & Properties DG/cr The City of Niagara Falls Canada Corporate Services Department Planning & Development 4310 Queen Street P.O. Box 1023 Niagara Fails, ON L2E 6X5 web site: www,city.niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905) 356-2354 E-mail: planning@city,niagarafatls.on.ca Doug Darbyson Director PD-2002.66 July 15, 2002 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re-' PD-2002-66, Zoning By-law Amendment Application AM-19/2002, 4610 Ferguson Street Applicant: Christopher J. Johns Proposed Temporary Use By-law RECOMMENDATION: It is recommended that Council: 1) approve the temporary use by-law application for a second dwelling for the property known as 4610 Ferguson Street for a period not exceeding three (3) years; and 2) refer zoning for the residential uses south of Ferguson Street to the City's consultant to be considered as part of the comprehensive Zoning By-law review. THE PROPOSAL: A temporary use by-law is requested for the property known as 4610 Ferguson Street, as shown on Schedule 1. Schedule 2 is a site plan of the property. A former tradesman's shop was converted to a dwelling without a building permit prior to 1995. The principal dwelling on the property is pemfitted under the Light Industrial (L 1) zone as a legal non-conforming use; the converted dwelling is not permitted. A three (3) year temporary use by-law was adopted in 1995 to authorize the former tradesman's shop as a dwelling unit. A second temporal5' use by-law was adopted in 1999 to permit the continuation of the additional dwelling. This by-law has now lapsed. The applicant has applied for another temporary use by-law to permit this dwelling for a further three (3) years. No other changes to the current Light Industrial (L1) zone are proposed. Working Together to Serve Our Community Clerk's Finance · Human Resources Information Systems , Legal Planning & Development July 15, 2002 - 2 - PD-2002-66 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: Regional Planning Given the previous extensions to the temporau' use by-law for this second dwelling, the City should consider long-term land use objectives and possibly permanent changes from light industrial to residential for this site and the immediate area of dwellings. Municipal Works - No objections Parks, Recreation & Culture - No objections PLANNING REVIEW: '1. The proposal conforms to the intent of the Official Plan regarding temporary uses. The Official Plan designates the lands Industrial. Residential uses are not permitted in an industrial designation. However, the Official Plan does permit temporary use by-laws to be passed where the use does not conform to the land use designation. In this case, the temporary use by-law is to beof a limited duration and no major new construction is to occur. In considering temporaryuse by-laws, compatibilitywith and impacts on surrounding land uses are to be considered. The proposal would conform to these temporary use provisions. The temporary use by-law would be in force for a maximum of three (3) years and there would be no new construction. Beeaus~ the subject land abuts other residential properties, the temporary use would be compatible with surrounding uses. This single dwelling would not impact on this area. However, if adopted, this would be the third concurrent temporary use by-law adopted for this use. It is not the intent of the Official Plan that temporary use by-laws be adopted on a continuous basis for uses that do not conform to the Official Plan. In the long term, the use of the property should be brought into conformity with the existing Official Plan policies, or Official Plan and/or Zoning By-law amendments sought to recognize the existing use. 2. The requested zoning amendment is appropriate. The subject lands are located in a cluster of residential lots on the south side of Ferguson Street. The temporary use would be compatible with these residential lots and would not eanse unacceptable impacts on surrounding uses. To date, no objections have been received on the temporary use. A review of the zoning for the residential uses on the south side of Ferguson Street is recommended. As stated earlier, the future land use of this property should be reviewed. Despite the industrial designation and industrial zoning south of Ferguson Street, the subject lands are located in a block of residential dwellings that generally appear to have been in existence for a considerable time. Ferguson Street has a complex mix of clusters of residential lots, older industrial uses and some small-scale commercial and institutional uses. July 15, 2002 - 3 - PD-2002-66 If the subject lands were to revert to an industrial use permitted by the current zoning, it may generate noise or fumes that would be a nuisance to abutting legal non-conforming residences. There are numerous small lots adjacent to this property which generally appear to have had a residential use for some time. Therefore, large-scale land assembly to develop the lands at a scale that conventional industrial uses generally need may be difficult. If the owner wants to continue the residential use, one option would be to require the owner to pursue Official Plan and Zoning By-law amendments to permanently recognize the residential use. This option, if successful, would leave a small pocket of residential designated land among the legal non-conforming residential uses. Should there be any changes to these other residences, such as a temporary cessation of a residential use, other properties may have to pursue the applications. Therefore, it would be best to undertake a comprehensive review of the land use designation for the lands south of Ferguson Street. One way to deal with the residential uses south of Fergnson Street in a comprehensive manner would be to consider a special zone category or provisions under the comprehensive zoning review being conducted by Monteith Planning Consultants. It may be an option to recognize the long standing residential uses in a special zone category or with a special provision while leaving the industrial zoning intact for the industrial uses. This should be done under the existing Official Plan. designation, as an Official Plan amendment would likely trigger concerns about the distance separation between :"::the residential and industrial uses required by the Ministry of the Environment. CONCLUSION: Provided this use does not continue indefinitely, the proposal does not offend the Official Plan and is compatible with abutting land uses and, therefore, a three (3) year temporary use by-law is recommended for approval. It is recommended that the zoning of the residential uses be further considered by the City's Consultant as part of the comprehensive zoning by-law review. Planner 2 Recommended by: Doug Darbyson Respectfully submitted: ~ John MacDonald · O' Chief Administrative Officer Director of Planning & Development Approved by: Tony Ravenda Executive Director of Corporate Services AB:ar Attach. SSPDR',2002',PD2002 66, AM ] 9-2002, Christopher J. Johus, Ferguson St.v,,pd SCHEDULE 1 LOCATION MAP Subject Land Amending Zoning By-law No. 79-200 4610 Ferguson Street Applicant: Christopher J. Johns AM- 19/2002 1 :NTS .c;ITF PI AN ~TI'FflATA TOTALDEVEI.OPUENT.U~..A 6229SF 100~ EX~t~T. 2 STOREY DWEU_I, IG 814SF EXlS'T. ~ SHOP 773 ST TOTAL 1587 ST 255 % PAI~IN~ & Dlt~'VEWAY AREA 1328 ST 215 % P.A,R~,I~SPACES REQUIRED: 2 PROVDED:4 -~ ~ 331~ SF 532% I~ HEIDJT$ EXIST. I)WELLI4g 30~' E~I~T. ~ SLOOP 12n' Canadian Proprl~t~S National ferrovlalres du Railway Can.dian Properties Inc National Inc, V~A FACSZHZLE - g05-356-9083 .luly :LO, 2002 277 Front Street West FIo0ra romn~o, ontario Telephone: (411~) 217.6961 Facsimile: 1416) 217-6743 YOur File: Our Iqle: 277, rue Front ouesL Toron'~ M~V 2X7 Tg=l~phone: (4161217-~;g61 T~l~copieur: (416) 217-67~ i ~ PLanning i Scanned AH-19/2002 TZ-4SO0-N-04 Mr, Doug Dam'byson DIl~C~r of Planning & Davel~pnmnt City ~ N~am ~11~ ~3~0 Qu~n ~ Niagara ~lls, On,Ho ~E 6~ Dear Hr. Darbyson: Re: Proposed Zoning By-law Amendment 46~0 F~-~lu~on Street RECEIVED JUL I 1 2002 PtN ING We have reviewed your letmr, dated .~uly 12, 2002 regarding the above noted application and request thai the tbllowing clause be Inserted In all development agreements, offers to purchase, agreements of Pur~ and Sale or [~se and Include in a Noise ]mp~ct Statemer~: "Wamlng: Canadian National Railway Company or Its aSSigns or successors in interest has or have a right-of-way and a mff yard within 300 metres from the land the subject hereof. Them may be alterations to or expansions of the rail fadllUes on such right, of- way In the t~cum Including the possibility that the railway or its assigns or succesmrs as aforesaid rrmy expand Its operations, which expansion may affect the IMng environment of the residents In the vldnlty, notwithstanding the Inclusion of any noise and vlbra~n attenuating measures in the design of the development and IndMdual dwelling(s). CNR vdll not be responsible ~or any complaints or claims arising ~m use of such fadllUes end/or operations eh; over or under the al~n!~sald right-oF-way." "NI perser~ Intending to acquire an Interest In the real property by purchase or lease are advised of the prexlm~ of Canadian National P~llways Niagara Falls Yard, which operates on a 24-hour basis, zt Is possible that the marshalling yard operations may cause dlsmrbanee and may be ail~d or expanded which could affect the riving environment of the residents desprm the inclusion of any noise and vibration attenuating measures In the design d the ou~ amenity area(s) and Individual dwelling(s). Residents am advised that further miUgation cannot be expected and Canadian National R~ilway will not be responsible for any.~camplalnts or claims arising from use of such fadlrdes and/or operations," Should you have any further quesUons, please do not hesitate to contact ~he undersigned at (4~,6)2:L7~6961, Geo~f Woods, B,E,S. Development Review Coordinator 1'he 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: ptanning@city.niagarafalls.on.ca Doug Darbyson Director PD-2002-67 July 15, 2002 His Worship Mayor Wayne.Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: · PD-2002~67, Regional Policy Plan Amendment No. 161 Estate Residential Subdivision, Miller Road South RECOMMENDATION: It is recommended that Regional Policy Plan Amendment No. 161 be approved in principle until such time as the larger Regional and City amendments implementing the estate residential designation for the Willoughby Land Use StudY are finalized. PURPOSE OF REPORT: The City received a request to comment on an application tO amend the Regional Policy Plan to permit the development of a rural estate residential subdivision in southem Niagara Falls. The 15 hectare (37 acre) property is located on the south side of Miller Road, mediately west of the Niagara Parkway. A map illustrating the location of the subjecf property is attached as Schedule 1. Site and Surrounding Area The site is located south of Chippawa near the Niagara River. It is on the south side of Miller Road, approximately 250 metres (800 feet) west of the Niagara River Parkway. The lands are generally flat to sloping. The. site appears to be abandoned agricultural land now returning to scrub. A small white pine plantation is located in the northwestern part of the site. A small paddock is located on the abutting property to the northeast. There is a small horse barn immediately to the. east, adjoining the paddock. Tho lands in the surrounding area are predom'mantly fallow farmland. Immediately to the west, there is a large conifer plantation. The lands along both sides of Miller Road, to the west of the site, are wooded. There are numerous rural residential lots in the area. A 22-1ot rural estate subdivision is proposed for a 30.5 hectare (75 acre) site immediately to the northwest, as shown on Schedule 1. The site of this proposed subdivision was the subject of an earlier Regional Policy Plan Amendment (Number 113) that approved a Rural designation for the site in 1998 and established detailed policies requiring a local Official Plan amendment for any non-farm development (see Working Together to Serve Our Community Clerk's Finance Human Resources Information Systems · Legal Planning & Development July 15, 2002 - 2- PD-2002-67 Policy 6.B. 11). The estate residential subdivision has been approved but was appealed to the Ontario Municipal Board. The Official Plan and Zoning By-law amendments have only been approved in principle by Council. The Board will consider the appeal once Council has formally approved the amendments so the OMB can consider the matter in its entirety. Current Policy Designations The lands are currently designated as Good General Agricultural in the Regional Policy Plan. Since the lands are designated Rural/Agricultural deferred in the City's Official Plan, the Rural designation fi.om the old Willoughby Official Plan takes precedence. Neither of these current designations permits estate residential development, thus, the reason for the subject application. The gpplicant has also made application to amend the City's Official Plan and Zoning By-law (AM- 15/2001). These applications will be processed if Regional Policy Plan Amendment No. 161 receives final approval. PLANNING REVIEW: The Regional Policy Plan provides for the consideration of amendment applications to establish non-farm uses subject to the following criteria: the qualityofthe agricultural land including soils, climate and the nature of the agricultural activity in the area; the need for and desirability of the proposed use to the community; impact on the environment and on rural resources such as forestry and fisheries; and · compliance with other policies contained in the Regional Policy Plan. Willoughby Land Use Study - Framework and Implementation Consideration was given to these criteria through the Willoughby Land Use Study, Hynde Paul and Associates was hired to undertake the Willoughby Land Use Study in order to determine development opportunities and appropriate land uses with corresponding policies within the former Township of Willoughby, south of Chippewa between the QEW and Niagara Parkway. The work completed by the consultant provided important background material on the low agricultural productivity and land fragmentation within the study area and a general planning framework for future development in the area. The agencies reviewed this information, considered public input, and refined the development concepts proposed by the consultants to better address public input and the planning objectives of the agencies involved in the study. Council approved Staff Report PD-2001-103 confimfing a proposed planning framework for the Willoughby Study area. Correspondingly, Regional Council approved Regional Staff Report DPD48-2002 establishing a Regional Planning framework with draft policies (Regional Policy Plan Amendment No. 170). The proposed site is situated within the area identified for estate residential development in the Willoughby Study area (see Schedule 2 as to the location of the estate residential area). This amendment represents the second site to seek estate residential development prior to the formal estate residential boundary being established through the processing of Regional and City amendments. Since July 15, 2002 - 3 - PD-2002-67 Regional and City Councils have approved an estate residential boundary, in principle only, and such a boundary, has not been subject to full public and agency scrutiny by the formal processing of the necessary implementing amendments, this application is premature. It is through the formal processing of these larger amendments that issues such as the appropriateness of the boundary, need for and desirability of the proposed estate residential area, and availability of alternative locations will be formally addressed. It is important to note the Province has indicated this amendment is premature and should be deferred. The Province wants the opportunity to comment on and discuss the Region's proposed policies for the Willoughby Land Use Study (Regional Plan Amendment No. 170) which includes issues on estate residential use in the Willoughby area. Detailed Issues Although the subject property is within the estate residential area identified in the Ci~s planning framework, there are other more detailed issues the applicant should address through the processing of the local amendments and plan of subdivision. These consist of traffic issues, as well as separation distances from a small horse barn to the east and possible odour concerns fi:om the sewage lagoons associated with the former meat processing plant on abutting lands to the south. Many of these issues can be addressed through the completion of studies as implemented by subdivision redesign. CONCLUSION: The subject property is situated within thc estate residential area identified in thc City and Regional Willoughby Land Use Study planning frameworks. However, the boundaries of an Estate Residential designation or area have not been formalized through the public venue by the processing of amendments. The Province, in particular, has not completed its review of the planning framework established by the City and the Region (see Schedule 3). Given the Province's position and that the estate residential designatiofl has not been formalized in the planning documents, this amendment should be approved in principle only until such time as the amendments to implement the Willoughby Land Use Study are finalized. This would signify Council's endorsation of the application premised on the boundaries of the estate residential area being formally adopted. Dave Heyworth Planner 2 ReSubmitted: ~ffohn MacDonald Chief Administrative Officer Recommended by: Doug Dar~so~ Director of Planning & Development Approved by: Tony Ravenda Executive Director of Corporate Services DH:tc Attach. S:\PDR~2002~PD2002-67, Reg Plan Amend 16l.wpd SCHEDULE 1 LOCATION MAP Subject Property Amendment #113 Regional Policy Plan Amendment # 161 Miller Road - FKS Realty City of Niagara Falls Schedule 2 PD-2001-1 Legend Existing Environmental Protection Areas Existing Parkway Residential Proposed Defered Urban Proposed Rural Recreational Proposed I~tate Reaidential Proposed Open space Proposed Development Nodes Proposed Environmental Protection Areas Urban Area Boundaray Proposed Willoughby Designations Scale: t :45000 Planning & Development November, 2001 ~op_wiil,apr Ontario loly 3, 2002 Mr. Corem T. Csmbta~, I~LC.I.P., ILP.P. Commi~'oner ofP, lannir~ and Developmmt Regional Municipality of N'tagam 3550 Sclnlmn Parkway P.O. Box 1042 Thorol~ Ont~io L~V 4T7 Re: Proposed Amendment 161 to the Regional Niagara Policy Pla~ Ministry File No.: 26-DP-0034-02001 Rclae:d Files: Southeast 1,~agara Agricultural Study (MAH File No. 26-DP-0034-02002) proposed Amendment 170 to the Regional Niagaza Policy Plan (MAIl File Bio. 2~-DP-0034-02003) Proposed Amendment 161 would red~ignate 15 hectares from Good Oencral Agricultund to P. mral in order to p~rrnit an estat~ residential subdivision. Scctlon 2.3.1 of the Provincial Policy Statement only allows areas to be excluded from prime agriculturel areas if they are for an urban area or rtual settl,~mcnt expansion, aggregate use or lirnited non-tes~dcntial uses (subject to demonstration of ne~l and as~.essm~nt of alternative locations). The subject proposal docs not appear to satisfy nny of these criteria. hi addition, thc subject lands arc within proposed Amc~a,ncnt 170 whicl~ we Mve been in discussion about and which we are about to provide comprehensive comments on, including issues regaiding ~tate residential use in the Willoughby a~ca. As a rem~lt, wc request that considcration of proposed Amendment 161 be deferrcd pending a comprehensive disCUSSion about proposed Amendmcnt 1 ?0. 2/ -2- If you trove any quest½o,s, pleas~ Yours truly, ICP.P. Manager Comlntmity plnnnlng & Developm~lt Municipal S~-~ic~..Division'- C~tral Kcgion c.c. lohn Turvey, O~ The City of Niagara FallsI Canada Corporate Services Department Planning & Development 4310 Queen Street P.O, Box 1023 Niagara Falls, ON L2E 6X5 web site: www,cit¥,niagarafalls,on.ca Tel: (905) 356-7521 Fax: (905) 356-2354 E-mail: planning@city,niagarafalls,on.ca July 15, 2002 Doug Darbyson Director PD-2002-69 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD-2002-69, Appeal to Zoning By-law 2002-113 AM-34/2001, Orchard Grove West Draft Plan of Subdivision RECOMMENDATION: It is recommended that Council reaffirm through resolution the passing of By-law 2002-113. BACKGROUND: The City has received the attached appeal to Zoning By-law 2002-113 from Kampgrounds of America (Canada) Ltd. The purpose of the by-law is to provide land use regulations to guide the development of the related Orchard Grove West draft plan of subdivision and the construction.of dwellings on the land. The reasons cited in the appeal are summarized as follows: 1. The by-law does not conform with the intent of Official Plan Amendment #31. The by-law does not consider the zoning requirements that apply to the abutting campgroUnd with respect to distance separation from a residential zone and creates a zoning contravention in this regard. The by-law creates a non-compliance for the abutting campground regarding the City's campgroUnd Establishment Licensing By-law for distance separation from a residential zone. 4. The by-law reflects flaws in the subdivision design. Official Plan Amendment #31 was approved in November 2000 changing the designation of the land from Tourist Commercial to Residential with a special policy addressing the campground concerns for compatibility. Thc Orchard Grove West subdivision was approved by Council with conditions on April 8, 2002. This approval followed consultation with campground representatives that resulted with the inclusion of subdivision requirements for noise attenuation fencing, warning clauses and also increased dwelling setbacks along the campground boundary. However, the new owners of the campground have filed appeals to both the subdivision development and zoning by-law. Working Together to Serve Our Community Clerk's Finance Human Resources Information Systems · Legal Planning & Development July 15, 2002 - 2 - PD-2002-69 In order to satisfy time requirements of the Planning Act, this appeal to the zoning by-laxv and various information has already been forwarded to the Ontario Municipal Board. The Board requires that Council's position also be submitted. CONCLUSION: Council passed By-law 2002-113 in accordance with the requirements of the Planning Act and based on staff's recommendation, comments fi.om various agencies and individuals, as well as submissions made at the public meeting. A resolution of Council to reaffirm the passing of the by-law is required and is included in tonight's agenda. Prepared by: Richard Wilson Planner 2 Respectfully submitted: ._~, John MacDonald Chief Administrative Officer Recommended by: Doug Darbys Director of Planning & Development Approved by: Tony Ravenda Executive Director of Corporate Services RW:gd Attach. FILE: SSPDR~2002~PD200249, AM.34-2001 Orchant Orove West.~pd j J[ll~ Planning "j , '"'~'~' Searched J J.R. Boyce J, A. Sissons R L. Steele F.A. Fraser G, H. Enskat W.L. MacPherson J.L. Jones N.H. Furmston Ret/red* F.J. Matthews, Q.C.* A.F. Sheppard, Q.C.* A ~/[AI~TIN ~.S~-,~ LLP Barristers & Solicitors 4607 Huron Street P.O. Box 900 Niagara Falls, Ontado, Canada L2E 6V7 Telephone: (905) 354-1611 Toll Free: 1-800-263-2502 Facsimile: (905) 354-5540 June 17,2002 DELIVERED BY HAND Mr. Doug Darbyson, Director of Planning and Development City of Niagara Falls City Hall 4310 Quean Street, P.O. BOX 1023 'Niagara Falls, ON L2E 6X5 Dear Mr. Darbyson: Re: Appeal to the Ontario Municipal Board City of Niagara Falls Zoning* By-Law Amendment No. 2002-113 RE: Proposed Orchard Grove West Draft Plan of Subdivision Zoning By. Law Amendment Application AM-34/2001 Our File: Kampgrounds of America re O.M;B. File No. 220478 I am the lawyer acting for Kampgrounds of America (Canada) Ltd. RECEIVED JUN 182882 As such, my client has received notification of the passing of By-Law 2002-113 on the 27th of May, 2002, under Section 34 of the Planning Act. My client wishes to appeal the passing of this amendment to By-Law 79-200, as amended. My client is the owner of property abutting the westerly boundary of the proposed Orchard Grove . West Subdivision. i~TIN SHEPPAPd) FRASER June 17, 2002: Page 2 This appeal is in addition to my client's letter of appeal dated May 3, 2002 against approval of the Draft Plan of Subdivision (Municipal File No. 26T-11-2001-03 (Revised)). The basis of the appeal against the zoning by-law amendment 2002-113 is as follows - 1) Sections 2(b) and 3(a) of the zoning by-law amendment do not conform with the intent of Amendment No. 31 to the Niagara Falls Official Plan; 2) Sections 2(b) and 3(a) of the zoning by-law amendment are discriminatory through non- consideration of the zoning requirements to which the neighboudng camping establishment is required to adhere - that being Camping Establishment Zone (CE Zone) Section 8,7,2(c) requiring the minimum distance between any part of a trailer camp site and the boundary of any residential zone to be 60 metres (197 feet); 3) Sections 2(b) and 3(a) of the zoning by-law amendment do not accord with the reciprocal planning requirements of Section 4.12 "General Provisions" of comprehensive Zoning By- law No,79-200, as amended, whereby no change of use or division of land is allowed if such change creates a situation in which there is a contravention of anY provision of By- law No,79-200 applicable to the adjoining parcel of land. Zoning By-law Amendment No. 2002-113 creates a contravention of Section 8.7.2(c) of By-law No. 79-200 on the adjoining lands of the KOA campground. The referenced sections of the zoning by-law amendment also cause a contravention for the KOA Campground in Section 4.1(b) "General Provisions" of comprehensive Zoning By-law No. 79-200 which requires the campground to conform with the regulations and other provisions applicable to the zone within which it is located; 4) Sections 2(b) and 3(a) of the zoning by-law amendment also create a non-compliance for the KOA campground with the Niagara Falls camping establishments Licensing By-law (Schedule 10 to By-law No, 2001-31)which requires in Section 3(2Xe)that each camping lot be located "at least 200 feet (60 metreS) from a residential zone boundary or any existing residential lot boundary," The Licensing By-law regulates the KOA campground property in concert with the Zoning By-law according to the presence or absence of nearby residential zones and property boundaries; and 5) Sections 2(b) and 3(a) of the zoning by-law amendment reflect flaws in the subdivision design thereby failing to consider the reciprocal planning regulations of the Official Plan and Zoning By-law which afford a measure of protection for business operators and residents from the intrusion of conflicting or incompatible land uses. MARTIN SHEPPARD FRASER June 17, 2002: Page 3 Enclosed herewith is a certified cheque in the amount of $125.00 payable to the Ontario Municipal mse, PZiLtg,.the fee prescribed. Ar. Encl. cc- D. Iorflda, Clerk, City of Niagara Falls -John Tonnsen, Kampgmunds of Amedca (Canada) Ltd. -B. Miller The City of Niagara FallsI Canada Local Architectural Conservation AdHsory Committee Todd Barclay 4310 Queen Street ~ Chair P.O. Box 1023 Niagara Falls, ON L2E 6X5 i PD-2002-70 web site: www.city.niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905) 356-2354 E-maih nfplan@city.niagarafalls.on.ca His Worship Mayor W. Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: July 15, 2002 1 Re: PD-2002-70, Matters Arising from ~he Local Architectural Conservation AdvisOry Committee RECOMMENDATION: It is recommended that Council: 1) appoint /tJT~0Al~ '~:" to the Local Committee (LACAC) for the remainder of the curr, 2) direct staff to investigate the use of the new Herit~ Program and that LACAC work with staff and repc Matters Arising: The regular meeting of the LACAC occurred on June 26, (LACAC) Appointment to LACAC Architectural Conservation Advisory :nt term; and .ge Property Tax Reduction or Refund rt back to Council. 002. Due to the resignation ofKathleen Powell, a vacancy has occurred on the Local Architectural Conservation Advisory Committee. A letter of interest was received from Carol Ede (attached), a City resident and active member in the community, wishing to serve on LACAC. LACAC considered Ms. Ede's interest a ad believed that her qualifications and experience in heritage matters would be of great assistance to the Committee and would represent the south end of the City. I At the Council meeting of May 27, 2002, PD-2002-5¢ recommended the appointment of Ms. Ede to LACAC. Also, on May 27, 2002, a hand-out ~vas included in Council's agenda from Anna Lee who had submitted a letter of interest (attached) to be appointed to LACAC. Council referred all correspondence to LACAC for consideration. After careful consideration, the following motion was adopted bl~ LACAC: Wor~in0 Tooet~er to Serve O~r omm~nit~ July 15, 2002 - 2- ?D-2002-70 "THAT LACAC reaffirms its support of the application of Phoebe Jean (Carol) Ede to serve as a member of LACAC for the balance of the current term, based on her qualifications and experience; however, the Committee wishes to extend their appreciation to Anna Lee for her interest in Niagara Falls LACAC". 2. Tax Reductions for Heritage Properties The Ontario Heritage Tax Reduction Incentive Program was passed into law by the Provincial government in December 2001. This is considered to be the most significant change to legislation on the preservation of heritage buildings in Ontario since the passing of the OntariO Heritage Act in 1974. The new Heritage Tax Reduction Program is said to provide a powerful incentive for heritage building owners to restore and maintain their buildings by offering a significant discount from municipal and regional property taxes. The program will allow aproperty tax reduction of between 10 and 40 percent, at the discretion of the municipality, for eligible heritage properties. Eligible properties are defined as properties that are both designated under the Ontario Heritage Act and have a heritage easement agreement, or some other agreement that obligates the owner to maintain the property, for the foreseeable future. Participation in the program will depend on the municipality. The advantages and disadvantages of participating in this program should be explored. LACAC adopted the following motion: "THAT Council be advised of the Heritage Property Tax Reduction legislation and direct LACAC to work with staff to investigate the oppommities and implications of this program on the municipality and report back to Council". CONCLUSION: LACAC is seeking the concurrence of City Council on these matters. Respectfully Submitted: ~, Chair "~" r Local Architectural Conservation Advisory Committee BM:tc S:~DR~2002h°D2002-70 LACAC Matters Arising.wpd May 16, 2002 City of Niagara Falls Planning Dept. 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Attn: Mr. Tod Barclay Dear Mr. Barclay: I am under the impression that there is an opening in LA~ knowledge of the history of Niagara Falls. I have been a Society for the past 15 years and an am active member o Committee since it's inception. This is a group dedicate~ of Chippawa. My husband Don Ede is an avid Chippaw~ working with him cataloguing his files and keeping recor be aware and involved in the history of Chippawa. As for my background I was employed by Cyanamid of ( Administrative Assistant to the Plant Manager. Due to t can devote a lot of my time to my hobbies and assisting ~ that require historical information about the Village of C displays at Niagara Square for the Historical Week, the I events in the Village of Chippawa and at the Willoughby My hobbies are watercolour paintings and fabric paintinl painting and watercolour painting. I am very active wit[ ,in many art shows in the Niagara area. As I am an avid believer in the preservation of the histo~ application as a member of LACAC. Yours truly, Phoebe Jean (Carol) Ede 2AC for someone with an interest and member of the Willoughby Historical ."the Village of Chippawa Citizen's [ to preserving the history of the Village ~ memorabilia collector and I have been ts of his items. This has enabled me to ~'anada.Inc. for 21 years as an ~e doWnsizing I am now unemployed and he Committees with displays and events fippawa. We have set up historical )ptimist Club on Canada Day, and many Historical Museum. :. I teach two classes a week in fabric the Parkway Art Guild and participate y of the Niagara Area, I submit my t. Ii~RG, FF~LLS CLERKS ');;j 05~ l'i 04 4423 KATHLEEN CRES, May 27, 2002 CITY CLRRK8 DEPARTMENT CITY HALL P.O. BOX 1023 4310 QUEEN ST. NIAGARA FALLS, ON. To Dean and Members of Council, It has come to my attention that a vacancy exists on the LACAC Committee. Please accept this submission as a request to sit as a full member on this committee .~.. ~11 the veeamcy. ~panying this letter is a resume for your perusal. As you can see, currently ]~of the Environmental Planning and Greening Committee, Community ~~,en.tl'? Mmmgoment Committee (inactive) and Arts and Culture would · '~ ~mmitted to l:~eoming involved on a higher level, volunteering time and ~l~edgo wh~re needed is a long-term goal held dearly. Previous experience in ~l~te would omure the ~l~luato b~kglound and imowledgo this position ~~lr~res. Thank you for the consideration. Sincerely, ANNALEE 905-354-1558 ANNA LEE Edur.,atlon 4423 KAT NIAGARA L2H 3H8 1988 - 1989 NIAGAR/ REAl. ESTATE DIPLOMA 1960 - 1982 NIAGARA BUSINESS MARKETING 1976 -1980 LORETT~ SECONDARY SCHOOL 1999 - CUSTOM I TEMP~.MARKETING FA( 1994 - 2000 8OUVENI; OWNERtOPERATOR 1989 - 2000 RE MAX N I,' REAL ESTATE AGENT 1987 - 1989 TOWERS [ SENIOR STORE INVES'I 1985 -1 987 KMART C,~ LOSS PREVENTIOH MA 1983-1986 ELVIS PRE ASSIITANT MANAGER 1982 - 1984 PINKERTC SECURITY GUARD -{LEEN CRES. FALLS, ON Phone 905-354-1558 E-mail dannalee(~ mait, caninet,com. COLLEGE ST, CATHARINES, ON COLLEGE WELLAND, ON ) ACADEMY ~IPLOMA 3REW ;ILITATOR STORE NIAGARA FALLS, ON )EPT. STORE IGATOR NADA HAGER SLEY MUESUM NIARARA FALLS,ON NIAGARA FALLS, ON NIAGARA FALLS, ON NS SECURITY NIAGARA FALLS, ON NIAGARA FALLS, ON NIAGARA FALLS, ON NIAGARA FALLS, ON Interests and actfv~ie$ READING, FITNESS, LOCAL POLITICS Volunteer experience 1993 - 1997 CHILDFIND FUNDRAISING EXECUTIVE 1997 - 2000 2001 - 2001 - 2004 2001 -2004 PROFFESIONAL STANDARD COMMI'I-rEE MARKETING COMMrI'rEE CHAMBER OF COMMERCE COMMUNITY RESOURCES MANAGEMENT COMMITTEE ENVIRONMENTAL PLANNING AND GREENING COMMITTEE 1983 MISTY HOSPITALITY AWARD NIAGARA FALLS References AVAILABLE UPON REQUEST The Arthritis Society Niagara Peninsula Office 2-300 BuntingRd. St. Catharines, ON L2M 7X3 Phone: (905) 646-7284 Fax: (905) 646-0513 Joyce Mcln~osh Manager, Revenue Development e-mail: jmcintmh~ca.artta4fis~a Charit~bh ll~gistraticu Number:. 111807 1671 RR0004 The Arthritis Society Niagara Falls Chapter Marc/* Mc/~an - Chapter Chair Phlldean Oava - Vice Chair Pon Douglas - Tregsumr Jasle O'Brien - Secretary .Helen Vasko - Past Pres dent June 10, 2002 The Honourable Mayor Wayne Thomson Niagara Falls City Hall 4310 Queen Street Niagara Falls, ON · L2E 6X5 Dear Mayor Thomson: Arthritis is the most common cause of long-term disability in Canada. Did you ' know that 2.7 million workdays.are lost almually, at a cost. offiPProximately $13 5 billion? . / "' '" '"" ' ' ! As the Baby Boomer population ages, on9 million more canadians per decade will be diagnosed with arthritis, at least until 5031. By 2020 in Ontario, more than three million people will be affected byarthrifi, evenly split between those aged 45-65 and those over 65. September is National .Arthritis Month. residential door-to-door campaign during like to kick offour campaign during the 1,, exPosure. It is The Arthritis Society's mi and public awareness with help from our We would like to arrange with you a flag Hall on Thursday August 22, 2002 at 11:1 promote this event and make it more pror like to request that our flag remain displal continue to promote the awareness of Th Month. If there are any questions or concerns, ph office at 905-646-7284. - Respectfully, Ricki-Leigh Nadon Residential Campaign Coordinator Niagara Peninsula The Arthritis Society will again conduct a the month of,September 2002. We would m week of Augnst this year to gain more ;sion to raise funds for ¢ducation, research local communities. raising ceremony to be held outside City 10 a.m. Your attendance would help to. finent in your community, we would also red for the entire month of September to Arthritis Society and National Arthritis ~se contact me at the Niagara Peninsula 1-80©-321-1433 www.at~hritis ca ARTHRITIS KILL THOUSANDS...HURTS...MILLIONS...COSTS BILLIONS and your donations are making a definite impact on the four million Canadians who have arthritis. Did you know that arthritis is six times more common than cancer? Your gift is making it possible for people with arthritis,to live healthier and more productive lives. Listed below are the important ways in which your donations are being targeted. understand their arthritis and take a mor* active role in managing lheir arthritis. led by trained volunteer's). On average four sessions a year are being offered in the Niagara Penin.~fla. Register by calling the office at 905-646-7284. . )~ Bluebird Club support group (an informative and group session for participants- led by volunteers) Client Services (full-time physiotherapia;t; part-time occupational therapist; social worker) they are trained to work with.arthritis patients (by appointment, no doctors referral needed). Call for an appointment 905-684-6100. Education daYs and public' forums. Video iending library and educational materials are provided at The Arthritis S0ci~ty oiiiee, or visit our website at www. arth~tis,ea Arthritis friendly pool l?rogram in partnership with The City of St. Catharines, Parks and Recreation eenlxe. Offered at Westpark Secondary, Niagara Rehab and Ina Gration, call 905-688-5601 to register. TO: FROM: PRRPARED BY: DATE OF MEETING: .SUBJECT: REPORT TO DEVEL ,COMMITTEE Mayor and Members of Valerie Shuttlewortl~ A, lira Baird, Acting Corer same as above 2002June-4 Bill 124 - Proposed P,m Act (Site Plan Control) RECOMMENDATION: That the Town forward the report dated J~me 4, 2002, t again request the l~rovince to amend Bill 124 to delete Planning Act; And That the Town, together with'other york'Region ! Minister of Municipal Affairs, legislative changes to S, Provincial policy statement to facilitate greater munici outlined in the report dated June 4, 2002. PURPOSE: This report has been prepared in consultation with Yol Region Municipalities. The purpose of this report is t¢ should be given broader legislative powei~ with respec report explains why municipalities should pursue, wi~ legislative authority through changes to the Planning ! forward a new Provincial policy statement dealing wilt BACKGROUND:'. On May 21, 2002 Committee considered the recomme Buildings Standards titled "Bill 124 -Building Code report identified key issues conisined in Bill 124 and issues. The report also included recommendations for the provincial government, prior to its enactment. ~ recommended that: "The Town of Markham requests that the Province str regulate architectural design to achieve expressed corr include municipalities as part of a consultation on the OPMENT SERVICES 2ouncil :ting Director of Planning fissioner of Development Services mdment to Section 41 of the Plam,.ing > the Mini.ster of Municipal Affairs and he proposed changes to S'ecti6n 41 of the 4-nicipalifies, pursue,, through the ' ,'ction 41 of the Planning Act and a new ,al control over urban design matters, as ,c Region staff and staff of other York outline staff's view that-municipalities- t to.matters of urban design. As well, the the Province, establishment of greater. .ct, aud encotwage the Province to bring urban design. ~dations of a report from the Director of .tatute Law amendment Act, 2001." The utlined the potential impact of those revisions to the Bill for consideration by ongst other matters the r~port mgthens the authority of municipalities to munity development objectives and to xoposed regulations that would outl~!ne the 1'49 .'1 5 ~,) REPORT TO DEVELOPMENT SERVICES COM3iITTEE - - ~ - Page 2 - 2002~June-4 scope of applicable law prior to.~heir completion In the meantime, the Town of Markham requests that no amendments t9 the Planning act be enacted at this time." OPTIONS/DISCUSSION: The amendment to the Planning Act, as proposed through Bill 124 would diminish a municipality's ability to achieve its stated urban design objectives The new section 41(4.3), as proposed through Bill 124 seeks to clarify that certain section of Section 41 with respect to design matters particularly colour, material and architectural details will continue to be outside the jurisdiction ora municipality. The proposed bill would give applicants an expedited route to the OMB regarding applicability of site plan control, through notice of motion to the Board. The passing of the proposed amendment would effectively dimirgsh a municipality's capacity to achieveits stated-~ban design objectives. The notice Of motion alternative may mean that applicants will be less cooperative in working with a municipality to comply with established municipal design standards. Design matters relative to material and archit_ectural detail are o/ten before Council as part o£the Site Plan Application process. A successful negotiation of these matters is critical where-h~ Town has concerns for the compatibility of a proposal with an established context .that has a definable character th~ con/muuity has expressed a desire to pre/eryc; Further;these design' related matters must be addressed with the.municipality where a proposal may not be com@atible or fit with an urban design vision or guidelines that have set out the community's qualitative built form and urban character objectives..The municipality should be given the scope under Section 41 to pUrSue a suitable resolution of these matters without an immediate threat'of OMB arbitration. The BRRAG process, leading up to Bill 124, was an inclusive and consultative process in relation to the Building Code and related regulatory reform. The consultation process involved builders, developers and municipal chief building officials. The Town's interests were well represented by the Director of Building Services relative to Building Code reform matters ....... However, it is unreasonable to expect that the Town's urban design interests could have been as well represented within the same fortlm. The Site Plan amendment.legislation appears to have been grafted .on to.the'Building Code reform rec°mmendafions.,with0ut appropfiate.consultati°n: In staff's OPinion the changes to the Planning Act proposed through Bill 124 were not fully vetted with appropriate a~tkeholders. 'A much broader representation of municipal interests including pi ,amaing directors, architects and urban' designers should have been more fully-' consulted on the.propo~i amendment. Many municipalities, such as Markham have embraced "Smart Growth", the principles of new urbanism, visioning exercises and intensification 'policies as key components of their growth management strategies. In Markham's case, policies were put in place through extensive public consultation using such tools as design charettes, workshops and visual preference surveys. Many of the policies deal with urban design matters and seek to define the 'look, feel and character' desired by the community. In implementing new urbanism and intensification policies, urban design is THE KEY component. As development is intensified separation distances are compressed and buildings are _ARKHAH June 12, 2002 TO ALL ONTARIO MUNICIPALITIES: H IHG, FHLL~ CLERKS' BILL 124- pROpOsED AMENDM1 OF THE PLANNING ACT (SITE PI ' This will confirm that at the meeting of Council held on No. 34, was approved as follows: "That the Town forward the report dated Juno 4,' ~11 Ontario municipalities, the Association of Mu (AMO), Markham's three MPPs, and the Ministe again request the Province to amend Bill 124 to ( to Section 41 of the Planning Act; And that the Town, together with York Region through the Minister of Municipal Affairs, legisl~ the Planning Act and a new Provincial policy sta municipal control over urban design matters, as June 4, 2002." Sheila Bffrell Town Clerk Copy to: 02 ~bXL ,..BI.:,,: CORPORATE SERVICES COMMISSION Clerk's Dep~rtment [unicipalities, pursue, ttive changes to Section 41 of :ement to facilitate greater ,utlined in the report dated >-002, regarding Bill 124, to . aicipalities of Ontario : of Municipal Affairs and elete the proposed changes Jim Baird, Acting Commissioner of De, Valerie Shuttleworth, Acting Director of Honourable Dave Tsubouchi, MPP, Mar Honourable Frank Klees, MPP, Oakridg~ Tina Molinari, MPP, Thornhill Association of Municipalities of Ontario All Ontario Municipalities ;lopment Services Planning cham Boulevard, Markham, Ontario L3R 9W3 e: www.city, markham.on.ca Town of Markham Anthony Roman Centre 101 Town Centr (905) 477-7000 · Fax (905) 479-7771 · Websi [une 11, 2002, Clause 3 of Report :h't TO sE'CrIoN ;'1" ,AN CONTROL) (10.0, 10.6) REPORT TO DEVELOPMENT SERVICES COMMITTEE - Page 3 - closer to each other and to the public realm. Design matters not only related to height and massing but also to material, cgiour, texture and detail take on heightened sigrdficance as these factors directly influence and impact the quality of life within the community, and community acceptance of new development. Municipal design objectives have a clear role to play in Site Plan matters. To move forward with a responsible 'Smart Growth' agenda, municipalities should be granted increased power to achieve stated urban design objectives. The proposed Bill 124 changes to Section 41 of the Planning Act would diminish a municipality's ability to achieve its urban design goals and qualitative community objectives. If the proposed changes to Section 41 of the Planning Act proceed, municipalities that are committed to high urban design standards may have to 10ok to other Ways to achieve their objectives. To achieve the certainty that rerzoning proposals wiH be compatible with overall d~sign objectives for example, the Tom may be forced to require that site plan contrOl applicatiOns be processed concurrently with any re-zoning application. The Town may also be forced to "hold" a by-law until design issues are resolved. Through zoning and holding by-law provisions, the Town may be able to resist a notice of motion to the OMB, under the proposed new section 41(4.3), on the basis that the lands were not yet zoned to permit the proposed. development. It is clear that the objeCtive of the p/'oposed change to Section 41 is to aqbT~ undue delay in process. It would not be the 'intent o.f the Town to fru~. trate expedi'tious approval process, however the Town would have to balance that objective against the risk that it mawr not' meet its:urban design objectives under the proposed new legislafi, on. .'-'. Municipalities should be given broader powers by the Province' Granting broader po~vers to the municipality does not mean opening the Site Plan Approval process to greater subjectivity or arbitrary judgment. A municipality must have a clear community "vision", articulated through its Official Plan. Broader power~ can achieve better designed and livable communities where specific policies and other instruments are in place such as community design plans, urban design and streetscape policies and architectural control guidelines. Where clear and consistent policies and guidelines exist, the Planning Act and Provincial policy should support greater municipal control over design matte}s, including colour, · building materials and architectural details. The quality'of urban design is what gives each ..municipality its distinCtive character and sense of c0mmunity identity. If a munlcipality,.s' pOWers under. seCtion '41 of the 'Pla~n'jng Act are furtherI diminished, there is 'a si~,nificant risk thai there will be a direct impact on the quality of our communities. Together with other York Region municipalities, the ToWn. should pUrSUe legislative changes to broaden municipal powers under Section 41of the Planning Act. The pwvince should also be' encouraged to bring forward a Provincial Policy Statement on municipal application of urban design, in relation to Provincial "Smart Growth" and intensification objectives. It is clear from the changes proposed flu'ough Bill 124, that the development and building' industry does not fully embrace current municipal conduct in the application of Section 41 provisions with respect to design. Our recommendation for the broadening of powers under Section 41 is made only in a planning cont.ext where comprehensive Official Plan policies related to urban design and architectural control are in place to define and guide each application. Clearly, it is incumbent on the municipality to articulate an urban design vision and design objectives through Official Plan policies, for municipal powers to be extended. REPORT TO DEVELOPMENT SERVICES COMMITTEE _ - ~ - Page 4 - FINANCIAL CONSIDERATIONS: None BUSINESS UNITS CONSULTED AND AFFECTE This report has been prepaxed in consultatiOn with othe and staff of York Region. ATTACHMENTS: None. q:klevelopment\planning\teams\development coordina 2002-June.4 D: r York Region municipal representative :ora\val's stuffibragg report, doc Valerie ShuttleWorth, M.C.LP., R.P.P. ~Acting Directs i ~ig Commissioner of Development Services Q:~DEVELoPMENT~LANNINO\TEAMSq)EVEL( STUFI~RAGG RI=:PORTDOC, ArchiteCt PMRNT COORDINATORSWAL'S Clerk's Department Inter-Departmental Memorandum To~ From: Subject: Mayor Wayne Thomson & Members of Council Dean Iorfida City Clerk Ext. 4271 Arts & Culture Commission Applicants The Arts & Culture Commission currently has four vacm run which elicited three applicants. Attached you will fin Etherington, Nancy McDonald and Janice Wiggins. The candidates are of high quality; therefore, it is staffs the three appointments. The City of Niagara Falls Canada Date: July 15, 2002 tcies. Newspaper advertisements were application forms for Kathy :ecommendation that Council approve The City of Niagara FallsI Canada, t. lil:IG, FI;iLLS CLERKS'O~. )6~'[ 09,.'55 PLEASE TYPE OR PRINT LEGIBLY APPLICATION FOR APPOINTMENT TO BOARDS, COMMISSIONS AND COMMITTEES BOARD, COMMISSION AND COMMITTEE FOR WHICH APPLICATION IS BEING MADE NAME OF APPLICANT: ADDRESS: POSTAL CODE: 'TELEPHONE NUMBER: · ,J , BUS: OCCUPATION: · EDUCATION AND OTHER QUALIFICATIONS WHICH YOU FEEL WOULD BEAN ASSET 'FOR THE ABOVE APPOINTMENT: U O' -2- iNT: YOUR REASONS FOR DESIRING THIS APPOINTME OTHER COMMENTS RESTIVE TO THE APPLICAT Please complete and submit to: City Hall, P. O. Bo~ Niagara I L2E 6X5 Telephor ION: 1.ll' ~i~lHature of/~plicant ~AL) lq/0~ · ~ City Clerk 4310 Queen Street : 1023 :ails, Ontario. (905) 356.7521, Ext: ~ The City of Niagara Falls Canada FALLS APPLICATION FOR APPOINTMENT TO BOARDS, Col BOARD, COMMISSION AND COMMITTEE IS BEING MADI ' NAME. OF APPLICANT: .ADDRESS: POSTAL CODE: TELEPHONE NUMBER: 0?05 08::34 PLEASE TYPE OR PRINT LEGIBLY ~MISSIONS AND COMMITTEES FOR WHICH APPLICATION b O MT · BUS: OCCUPATION: EDUCATION AND'OTHER QUALIFICATIONS WHICH FO'RTHE ABOVE.APPOINTMENT: fOU FEEL WOULD BE AN ASSET YOUR REASONS FOR DESIRING THIS APPOINTMENT: OTHER COMMENTS RELATIVE TO THE APPLICATION: e of Applicant Dat~ Please complete and submit to: Dean Iorfida, City Clerk City Hall, 4310 Queen Street, P. O. Box 1~23, Niagara Falls, Ontario. L2E 6X5 Telephone: (905) 356-7521 Ext: 4271 The City of Niagara FallsI Canada HIDG. FALLS CLERKS '0~. C 'APPLICATION FOR APPOINTMENT TO BOARDS, Col BOARD, COMMISSION AND COMMITTEE; IS BEING MADI NAME OF APPLICANT: ADDRESS: POSTAL cODE: TELEPHONE NUMBER: OCCUPATION: · EDUCATION AND OTHER QUALIFICATIONS WHICH FOR THE ABOVE 'APPOINTMENT: PLEASE TYPE OR PRINT LEGIBLY f'OU FEEL WOULD BE AN ASSET I dMISSIONS AND COMMITTEES ?OR WHICH APPLICATION -2'- YOUR REASONS FOR DESIRING THIS APPOINTMENT: OTHER COMME~S RESTIVE TO THE ~PLICATION: r,~ .... ~,,~ ' ~ · .~J~, ~. Please complete and submit to: Dean Iorfida, City Clerk City Hall, 4310 Queen Street, P. O. Box 1023, Niagara Falls, Ontario. L2E 6X5 Telephone: (905) 356-7521 Ext: 4271 Clerk's Department Inter-Departmental Memorandum To~ Mayor Wayne Thomson & Members of Council Dean Iorfida City Clerk Ext. 4271 Subject: Big_ Budgets Please find attached proposed budgets for various City B approve the budgets so that the Finance Department can property tax levy. Staff respectfully requests that Council accept the propo: The Cih/of Niagara Falls~ Canada Date: July 15, 2002 I.A.'s. It is necessary for Council to lut the final touches on the annual ~d budgets. Wor~i~O To0et~er to Serve APR-30-2002 18~49 BEST WESTERN 905 356 ???3 P.02×04 April 29, 2002 Hr. Ken Burden City'ef N~agara.Falls 4310 Queen Street Niagara Falls, ON L2E 2K9 Dear. Mr. Burden: The Fallsview BIA requests that the City impose a Levy fo,r the year 2002 tn the amount of $100,O00.00. we are attachlng a list o¢ the Fallsview BIA Board of Directors, a list of the Fallsview BIA Board Members and the Fallsview BIA 2002 Budget. Sincerely. David J~vanovtc Chairman Fa, llsview BIA :gP 5400 Robinson Si'red 2nd floor, Niagara falls, Onfaria · Canada. L2G 2A6 leh 905,358,7999. fax: 9052)58,9974 www. fallsviev/oia.com BOARD OF DIRECTORS - ~ALLSVIEW BIA DAV[D JOVANOV[C GEORGE YER.ICH JR NANCY Mc[NTOSH ALBERT ZA~P[T£LLI CHAIRMAN VICE CHAIPJqAI TREASURER SECRETARY BOARD M~BERS - FALLSVIEW BIA 1) Carmen Menechella 2) Ron Saks 3) Vince DtCo$fmo Jr ,4) Albert Zappttelli 5) Andrew Cserpe,$ 6) Nick Matovic 7) Beorge Yerich Sr 8) Seo~ge Yertch Or g) Nancy McIntosh le) David Jovanovic 11) Doug Btrretl 12) A~ Fe&erow 13) Kim Crattor APR-~O-2002 18:50 BEST WESTERN 905 356 7??3 P.~4/84 Fallsview BIA 2002 Budget Initial Levy of $100,000 Expenses: I. Marketing, advertising 2. Office Rent 3. Signage on CP Bridge 4. TODS 5. Bank Charges 6. Professional fees 7. Insurance 8. F.O.L. 9. Consulting Fees 10. Miscellaneous 30,0O0 6,400 6,000 4,185 100 1,200 6,000 10,000 25,000 10,000 $98,885 MAIN & FERRY B.I.A. Proposed Budget 2002 Advertising Niagara Falls Kiwanis Club N{agara Shopping News Niagara Falls Review CJKN Radio Ri~k Boards SUB-TOTAL Beautification O.A.M.S. (1,634,12 Decor & 898.80 Stor.) Ra/nbow Greenhouses (3,353.40 Pltmts & 2,645.00 Water) Niagara Falls Hydro SoB-TOTAL Insurance Audit l~ees Other Promotions Drn~nmond Street Signs 600.00 Miscellaneous (Postage, Bank Chgs., etc.) Develop and/or link website Planning / consullation Contingency TOTALS 2001 Budget 3,000.00 2,500,00 15,000.00 900.00 3,200.00 6,000.00 200.00 1,100,00 700,00 1,400.00 1,000,00 2,500,00 fl] 37.500.00 2001 2002 Actual % Budget 2,806.10 8.1 1,500.00 .... 750.00 2,988.74 8.6 3,000.00 16,262.93 46.8 10,000.00 850.00 2.4 900.00 16,150.00 2,532.92 7.2 3,200.00 5,998.40 17.3 6,250.00 3.5. 1.8 7.I 23.5 2.1 38.0 7.5 14.6 171.37 0.5 250.00 0.6 9,700.00 22.7 1,134.00 3.3 1,350.00 3.2 668.75 1.9 800.00 1.9 600.00 1.7. 500.00 1.2 374.91 1.1 LO00.O0 ..... 1,000.00 10,000.00 ..... 2,000.00 $ 34.388.12 [ .........~..l 42.500.00r 2.4 2,4 23.5 4.7 Niagara Falls, Ganacta LUND¥% LANE BIA · ?O, BOX 26~08, NIAGAR~ FALLS ON L2G ?×6 Info Line 1-866 551 LANE , www.tour~smniagara¢om/lundyslane .... ~,~ lA/6) May 2, 2002 City of Niagara Falls 4310 Queen Street Niagara Falls On. L2E 6X5 Attention: Mr. Dean Iorfida Dear Dean Re: Lundys Lane B.LA. 2002 Budget Pursuant to your letter dated April 30, 2002, I am pleased to enclose the following information: / The approved 2002 budget -/ The approved 2002 slate of Board of Management' / Copy of the minutes of our annual ACM held on Feb 26/02 Kindly prOvide the Finance Department with a copy of the 2002 budget for tax levy purposes. Thank you. Yours truly, - Len ~ Cad~ Chairman, Lundys Lane B.I.A. CHAIRMAN TREASURER Ja, ARKETIHG MANAGER VISITORS GUIDE Ag) SALES ten Cade Jim Cooper Usa Smtth Gino Ma~zarella 905 356 1162 ~ 608 905 374-02BB 905 356-1162 e~ 6lB 905 688-2849 04122/02 Lundy's Lane Budget Oven January through Decen Income 4000 · Tax levy from City 4005 · Interest Received Total Income Expense MARKETING 6001 · Lundy'e Lane Visitors Guide 6002, Expense 6003 · Income Total 6001 · Lundy'a Lane VloRora Guide 6011 - CANAAA Tours Books 6~14. Call Centre 8016. Marketing Co-ordinator Fees ll015 · NF Tourim Tour Planners 6020 · Billboard and Bench Advertising 6021 * Ontario Travel Billboard,= 6023- TOD~ Slgnage 6027 - Niagara Magazine 6028 · Ontario Golf Magazine 6039 · Feetival of Ll~ Tabloid r~)41 - NIT D~nlng & Shaping Guide 6042 · Niagara Shopping News 6044 - Web Site 604~ · MaWetlng Contingency Total MARKETINO 6500 · Audit expetwe 6043 · 6060 · AdminlatraUon ~061 - Direct(s Uablllty Inaurance 6062 - General Uability Insurance 6050 · Mall Box Rental 6063 - Bank Charges & Interest GQG~ - I=.;~ktg ~ postage SO;Q, Cistne Shuttle 6071. Shuttle Expense 6072 - Ticket Sales Total 5070 · Casino Shut'de 6160 · CST Paid Reserve Funds 602:0 - Transfer to raserYe - capital Total Reserve Funds Total Expenee Net Income iber 2002 Jan - Dec 10'7 217,290.00 220,190.00 87,766.00 -29,130.00 ,58,636.00 24,40~.00 4,300.00 ' 5,000.00 2,000.00 9,30O.O0 4,120.00 3,200.00 3,700.00 4,CX:X:).00 3,moo0 5,(3OO.OO 5,000.00 1,2{:X3.C]O 3,14000 220,190.00 0.00 Page 1 ownrgwn N agaraFa Board of Management t. II~G, F~LLS CLERKO'O~ 0610 1303 Tel,: (905) 354-0606 P.O. Box 5, Fax: (905) 354-5541 Niagara Falls, Ontario dbia@on.aibn.com L2E 6S8 www.downtownniagarafalls.com May 9; 2002 Mr. Dean Iorfida, City Clerk, Clerk's Division, 4310 Queen Street, P. O. Box 1023, Niagara Falls, ON L2E 6X5 Dear Dean: Enclosed you will find a proposed annual budget for the Niagara Fails BIA for 2002. Please note that the budget has been increased from $50,000 to $60,000 which was approved at the Annual General Meeting in February of this year. Thank you for providing us with the Business Improvement Areas Handbook as it was of great assistance. If you have any further questions, please contact me at the BIA office at (905) 354-0606 or at my store at (905) 356-7695. Sincerely, Joe Amodeo, Chairman. ja;jc Downtown Niagara Falls: Where Variety Makes the Difference P'ROPOSED 200: Advertising & Promotion Shopping News Billboards Radio promotion Flyers/Newsletters Beautification Flowers Window Display Wages. (Staff) Office Staff Office Administration Postage Supplies Bank Charges Telephone Insurance Rent Meetings Professional Fees Misc. (Benches) TOTAL 2001 Actut 27,129.55 t4,365.12 4O99.25 4,329.06 2,350.00 414.36 850.00 $54,617.1~ BUDGET 2002 Proposed~ 28,000.00 17,000.00 6,000.00 5,200.00 2,350.00 500.00 500.00 450.00 $60,000.00 Jul 18 02 11:44a Victoria-Centr~ BIR 905-358-S891 p. 1 Ms. Army l?elicetfi Revenue Supervisor (:iff of Niagara Fails 4310 Queen Street Niagara Falls, Ontario L2E 6X5 April 22, 2002 Dear Ms, Fellcetti: The Victoria Centre B.I.A. has finalLzed the: budget for the year 201)2. We have set our budget at $100,000.00, Attached you will find a summary., the expenmr tures we have planned which we wish to submit for approval As was done last year the funds can be issued to the association as we have a bunk account i~ place. Think you for your assiatance in this matter. Sincerel¢~ Sue McDowell A dminisrra to r P O. Boi' 841. Nia,gtn'a t:'all.~, O*ltario L2E 6V6 The City of Niagara Falls~ Canada Community Services Department Municipal Works 4310 Queen Street P,O. Box 1023 Niagara Fails, ON L2E6X5 web site: www.city.niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905) 356-2354 July His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: MW-2002-88 - Stanley Avenue Business RECOMMENDATION: It is recommended that Council endorse the installs McLeod/Marineland Parkway with the wording "Stanley ~ and the smaller signs on Stahley, McLeod, Marineland industrial park, subject to Regional approval for all the s: BACKGROUND: Business Development Staffhas worked with the S~anley several years. Directional signs to the Park are an ongon response to Niagara Clock & Giftware's request letter to ~ signs to fred their business located in the Stanley Avenue On June 26, 2002, Staff from Business Development, Bc met to discuss the matter. Staffwas in agreement that th along McLeod, Stanley and Marineland Parkway were in ~ to work with the Stanley Avenue Business Park Associatic on the east side of the rail bridge and to update the smalle~ would be designed similar to the other Tourism Destinatior Municipal Works Staffhas estimated the cost of the signs ! be the responsibility of the private sector to pay for the sil Giftware could attach a directional sign to the already exit own expense and subject to design approval by both the, Business Development Staff invited the businesges in the a meeting to discuss direction signs to the Park. The me 2002 at 11 a.m. in the board room of Oneida. In attendanc, Clancy, Oneida Canada, Anthony & Lorraine Bolgar, Nit received by Micron. Business Development Staff pre Municipal Works Working Together to Serve Fire Services Parks, Recreation & Culture Ed Dujlovic, P. Eng. Director MW-2002.88 5, 2002 'ark tion of signs on the rail bridge on avenue Business Park Factory Outlets" arkway for directional purposes to the ,venue Business Association for the last tg concern to businesses in the Park. In '.ouncil on June 17m to install directional Business Park. ilding & By-Law and Municipal Works ~ directional signs to the industrial park eed of updating. Staff was in agreement n and with the Region to install one sign signs on Stanley & McLeod. The signs signs posted throughout our community. o be approximately $2,000.00 and would ~ns. Staff agreed that Niagara Clock & ting Park sign on Progress Street at their ;ity and the Region. Stanley Avenue Business Park to attend :ting took place on Wednesday, July 3, :was Business Development Staff; Doug gara Clock & Giftware and regrets were ;ented the recommendation to the two ur Community Business Development . Building and By-Laws July 15, 2002 -2 - ;MW-2002-88 interested businesses. Both Oneida Canada and Niagara Clock & Giftware have agreed to the sign design, suggested locations and to share the cost of the signs. Niagara Clock & Giftware has agreed to pay the entire cost, design and installation cfa sign attached to the existing Park sign on Progress St. (Attached are letters from Oneida Canada and Niagara Clock & Giftware.) All the signs installations are dependent upon Regional approwd. R.e c o n'llll~,b y: Serge Felicetti Director of Business Development Respectfully Submitted by: ,,~ John MacDonald Chief Administrative Officer Ed Dujlovic, P.Eng. Director of Municipal Works Attach: S:~REPORTS',2002 Reports'uMW-2002-88 - Stanley Avenue Business Park.wpd The City of Niagara Fails Canada Community Services Department Municipal Works 4310 Queen Street P.O, Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel: (905} 356-7521 Fax: (905) 356-2354 E-maih m unwks@city.niagarafalls.on.ca July 1 His Worship Mayor Wayne Thompson and Members of the Mtmicipal Council City of Niagara Falls, Ontario Members: Re: RECOMMENDATION: MW-2002-94 Office Alteration Parking and Traffic Divi Ed Dujlovic, P. Eng. Director MW-2002-94 i, 2002 don It is recommended that Council award Tender #11-2002, (}ffice Alterations, Parking and Traffic Division, Lower Level of City Hall, to Papcon Construction Inc. of St. Catharines for the sum of $70,352.50. BACKGROUND: Recent changes to the City's Print Shop allowed for the expan ~ion of the Parking and Traffic Division. Presently the Parking and Traffic Department are located in ~everal areas in City Hall. The proposed renovation will alloTM for all the Parking and Traffic DivisiOn staffto be located in the same office area' / ,L Plans for the proposed renovation were prepared by Chris I,ristelli and Associates Inc. On July 9, 2002, the City received tenders for the Parking and Traffic I)ivision Office Alterations. The following is a list of tenders received: 1. Walker Diggon Construction Ltd. 2. Seriarmi Construction 3. Niaeon Limited 4. Aldor Builders Ltd 5. Charter Building Company 6. Draftcon Construction Ltd. 7. Papcon Construction Inc. OVe!l~ (Niag~ (Thoro (St. Ca (Niaga (St. Ca 'aFall0 $92,698.30 id) $92,020.00 'aFfll0 $85,573.25 id) $74,605.00 ~adnes) $71,889.00 :a Falls) $71,318.00 Ihafines) $70,352.50 Funds for this project have been allocated in the 2002 City Iperating Budget. Municipal Works · Parks,~/o~ek~r~egatioTOng&etCl~l~r~O Serve OBq;neCsOsmDemvitei%iptYment Buildings & By-law July t5, 2002 -2- MW-2002-94 Council's favourable approval would be appreciated. Prepared by: Tom Mussari Manager of Building Services Respectfully Submitted by: John MacDonald Chief Administrative Officer Ed Dujlovic, P.Eng. Director of Municipal Works C:\WINDOWS\TEMP'~IW-2002-94 - Tender # 11-2002 - Office Altexations - Parking & Tmffic.wpd Municipal Works Working Together to Serve Our Community Parks, Recreation & Culture Business Development . Buildings & By-law The City of Niagara Falls Canada Community Services Department Municipal Works 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www,city.niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905) 356-2354 E-maih munwks@city,niagarafalis.on.c; His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls Re: Members: RECOMMENDATION: July MW-2002-95 Contract2002-03 2002Asphalt Overlay It is recommended that the unit prices submitted by the lo accepted. BACKGROUND: The Tender Opening Committee, in the presence of the ( tenders on Wednesday, July 10, 2002 at 1:30 p. m. for th Tender documents were picked up by eight (8) Contracto Listed below is a summary of the totalled tendered prices, (5) Contractors, together with the corrected bids. 1. Steed & Evans Ltd. 2. Rankin Construction Inc. 3. Hard Rock Paving Ltd. 4. Norjohn Contracting Ltd. 5. Economy Paving (Thorold) (St. Catharir (Port Colbm (Thorold) (Niagara Fal Municipal Works Working Together to Serve Ot Fire Services Parks, Recreat, Ed Dujlovic, P. Eng. Director MW-2002-95 File 2002-03 5,2002 Road Rehabilitation Program tenderer, Steed & Evans Ltd., be ty Clerk, Mr. Dean Iorfida, opened above noted contract. and five (5) bids were received. ~xcluding GST, received from the five $824,113.00 es) $852,261.45 ac) $879,675.28 $887,279.00 Is) $1,025,000.00 ($879,175.28) r Community 3n & Culture Business Development July 15, 2002 2 MW~2002-95 The lowest tender was received from Steed & Evans Ltd. in the amount of $824,113.00 This Contractor has previously performed similar type projects for the City. We are therefore, of the opinion, that this Contractor is capable of successfully undertaking this project. Financing: The Engineer's estimate for this contract was $1,000,000.00 Project Costs: Awarded Contract Net G.S.T. 3% Funding: 2002 Operating Budget TOTAL $824,113.00 $ 24,723.39 $848,836.39 $942,000.00 TOTAL $942,000.00 Council is advised that $58,000.00 will be used in the Surface Treatment Program fi.om this budget. This project is scheduled to commence on July 29, 2002, and all work to be completed by September 27, 2002. Additional work will be added, up to the budgeted amounts. Council's concurrence with the recommendation made would be appreciated. Prepared by: Frank Higgins, C.E.T. Manager of Projects Respectfully Submitted by: John MacDonald Chief Administrative Officer Approved by: Ed Dujlovic, P. Eng. Director of Municipal Works The City of Niagara Falls~ Canada Community Services Department Municipal Works 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905) 356-2354 E-mail: munwks~city.niagarafalls.on.c July His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls Members: Re: MW-2002-96 Contract 2002-08 Surface Treatment & Program RECOMMENDATION: It is recommended that the unit prices submitted by the 1( be accepted. BACKGROUND: The Tender Opening Committee, in the presence of the C tenders on Wednesday, July 10, 2002 at 1:30 p. m. for thc Tender documents were picked up by three (3) Contracto: Listed below is a summary of the totalled tendered prices (1) Contractor. 1. Norjohn Contracting Ltd. (Niagara Fa] The lowest tender was received fi:om Norjohn Contractin This Contractor has previously performed similar type pr the opinion, that this Contractor is capable of successfull, Municipal Works Working Together to Serve 0 Fire Services Parks, Recreat Ed Dujlovic, P. Eng. Director MW-2002-96 File 2002-08 5, 2002 Expanded Asphalt Stabilization tenderer, Norjotm Contracting Ltd., :ty Clerk, Mr. Dean Iorfida, opened above noted contract. and one (1) bid was received. :xcluding GST, received from the one Is) $501,339.85 ; Ltd. in the amotmt of $501,339.85 >jects for the City. We are therefore, of undertaking this project. Community on & Culture Business Development July 15, 2002 2 MW-2002-96 Financing: The Engineer's estimate for this contract was $480,000.00 Project Costs: Awarded Contract Net G.S.T. 3% Funding: 2002 Operating Budget Fort Erie Cost Sharing Asphalt Overlay Budget $501,339.85 $ 15,040.20 TOTAL $516,380.05 $450,00O.0O $ 12,000.00 $ 58,000.00 TOTAL $520,000.00 The cost difference between our estimate and the prices submitted are related to the increase in petroleum products. Further, Staff will review the proposed works on each street to reduce the cost as much as possible. However, $58,000.00 will be set aside from the Asphalt Overlay budget to cover the higher cost. This project is scheduled to commence on July 29, 2002, and all work to be completed by September 13, 2002. Council's concurrence with the recommendation made would be appreciated.' Prepared by: Frank Higgins, C.E.T. Manager of Projects Ed Dujlo¥ic, P. Eng. Director of Municipal Works Respectfully Submitted by: John MacDonald Chief Administrative Officer Community Services Department The City of Niagara Falls Canada Municipal Works 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafatls.on.ca Tel: (905) 356-7521 Fax: (905) 356-2354 E-mail: munwks@city.niagarafalls.on.c; July His Worship Mayor Wayne Thomson and Members of the Municipal Council City o f Niagara Falls Members: Re: MW-2002-97 Grand Boulevard Fu~ Design Study RECOMMENDATION: It is recommended that the City enter into an agreement xa the Grand Boulevard Functional Design Study at a cost el BACKGROUND: At the Council meeting of April 15, 2002 Council approv Application for Site Plan Approval SPC-06/2002, Niagar; 5950 Victoria Avenue. One of the recommendations con retain a consultant to carry out a functional design study As per the City's Consultant Selection Policy, Totten Sir submit a proposal to carry out the study. TSH was select, of their past involvement in various studies which includ~ Master Plan and Update to the Transportation Master PI~r work plan and cost and is of the opinion that they are app carried out. Council's concurrence with the above recommendation ded by: Ed Dujlovic, P. Eng Director of Municipal Works Attach: Municipal Works Working Together to Serve O~ Fire Services Parks, Retreat :Ed Dujlovic, P, Eng. Director MW-2002-97 5,2002 :tional ith Totten Sims Hubicki Associates for '$52,080.00 plus GST. .~d report PD-2002-40 regarding t 21't Group Inc. Marriott Courtyard, ained in the report was that the City ,f the Grand Boulevard. .s Hubicki (TSH) was requested to ,~d to can'y out this assignment as a result ~d the People Mover, Transportation ~. City staffhas reviewed the purposed :opriate for the work that needs to be ould be appreciated. Respectfully Submitted by: John MacDonald Chief Administrative Officer Community :on & Culture Business Development The City of Niagara Falls Corporate Ser'cices 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@cit%niagarafalls,on,ca Doug Darbyson Director PD.2002-40 April 15, 2002 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD-2002-40, Application for Site Plan Approval SPC-06/2002, Niagara 21't Group Inc. Marriott Courtyard, 5950 Victoria Avenue RECOMMENDATION: It is recommended that: 1) Council receive the staff report and approve the site plan amendment for a restaurant expansion on the Marriott Courtyard property subject to the applicant supplying a letter of intent or undertaking stating that no further expansions will take place on the site until the Functional Design and Feasibility Study has been approved by Council; and 2) Council direct staffto initiate a Functional Design and Feasibility Study to establish design criteria for the Grand Boulevard and the vehicular and pedestrian linkages thereto. BACKGROUND: This report outlines issues regarding a site plan amendment application for .a restaurant expansion at the Marriott Courtyard, 5950 Victoria Avenue (see location on Schedule 1), and seeks direction on the further processing of this application. This report is also seeking direction On initiating a Functional Design Study for the Grand Boulevard. The Official Plan designates a Grand Boulevard that is intended to extend south from Victoria Avenue along the recently purchased railroad right-of-way~ The Official Plan states that "the Grand Boulevard concept, as set out in Sections 4.1.13 through 4.1.17 of this Plan, shall be created. Council shall ensure that public improvements and new developments along this new public street are consistent with the Design Criteria for the new Grand Boulevard." The referenced policies are attached for Council's information. Clerk's Finance Working Together to Serve Our Community · Human Resources · Information Systems Legal Planning & Development IIIII II IIIIII April 15, 2002 -2- When the original Marriott Courtyard hotel was approv accommodate a future extension o fFerry Street through to tk with the Official Plan policies. Schedule 2 illustrates the s On March 25, 2002, the owners, Niagara 21't Group In~ application for a 220 sq. metre expansion to the existing r~ (see Schedule 2). The expansion of this restaurant would of the Ferry Street extension. The impact of the propose( Street extension is unclear. Although site plan approval has been delegated to the Dir{ matter has been brought to Council for consideration and property may compromise the above noted Official Plan Discussion: As can be seen in Schedules 2 and 3, the schematic alignt nm-directly through the restaurant expansion. Although ti the room to properly engineer an extension of Ferry Street difficult to achieve an important component of the Gra, approved. It should be noted that, other than this concer~ the Zoning By-law, there are no other Planning concerns, a parking lot is located on privately owned lands. It shoul~ not permit the acquisition of an entire street free'of char As a way to satisfy itself that future development wou] through this property, it is recommended that Council obt the property owner that future development will not be um Feasibility Study is completed and approved by Council. To fulfill the above noted Official Plan policies, it is also and Feasibility Study be initiated for the Grand Boulew design criteria for the Grand Boulevard and public vehict should also help guide future development on private pro1 its linkages. Such a study would be necessary for the re~ to ensure that approval of these applications does not fu regarding the Grand Boulevard. CONCLUSION: l) To ensure future development on this site does nc Boulevard, it is recommended that a Functional 12 prior to consideration of future proposals to the PD-2002-40 sd in 1999, provision was made to e new Grand Boulevard in accordance :hematic alignment. :., submitted a site plan amendment .staurant on the first floor of the hotel ..ncroach onto the proposed alignment expansion on the future of the Ferry :tor of Planning & Development, this irection as future development on this olicy. ent of the Ferry Street extension would ~ere is room left over in the parking lot, is reduced. Therefore, it might become td Boulevard if future expansions are the proposed Site Plan complies with ~d the proposed expansion and adjacent be noted that the Planning Act would through Site Plan Control. not jeopardize the provision of a link tin a letter of intent or undertaking from [ertaken until the Functional Design and recommended that a Functional Design rd Scheme. This study should provide .lar pedestrian access points. This study ,erty that abuts the Grand Boulevard and iew of future development applications 'ther compromise Official Plan policies .t further compromise a link to the Grand esign and Feasibility Studybe completed aorth and east of the existing hotel. PD-2002-40 April 15, 2002 - 3 - 2) Council is also requested to provide direction to initiate the Functional Design and Feasibility Study that will provide design criteria for the Grand Boulevard and serve as a guideline for furore development along this corridor. Andrew Bryce Planner 2 Respectfully submitted: John MacDonald Chief Administrative Officer Recommended by: Doug Darby~on Director of Planning & Development Ap~.~roved by: Tony Ravenda Executive Director of Corporate Services ~:tc Attach. FILE: S:~PDR~2002~D2002-40.wpd 2-16 4.1.8 The escarpment separating the ( protected as a significant envi redevelopment plans shall not tl Pedestrian connections through th its top shall maintain and protect AN INTEGRATED PEOPLE MOVE 4.1.9 The elimination of the railway lin~ District, is a critical component ¢ acquired for public transportatio circulation throughout the core ar 4.1.10 The rail corridor together with provide for the alignment of the linking principle attractions and Satellite Tourist Districts shall b~ through the extension of transit 4.1.11 The People Mover shall be fully ir will be designed to be directly a( surrounding area and maximize 4,1.12 The People Mover shall: 4.1.13 a) be flexible as to the precise with adjacent development b) be elevated through the bull level; c) contain strategically plannE d) be environmentally sensitN e) enhance public and private Grand Boulevard is a concept ain Districts, creating street front eliminating barriers which restri( With the elimination of the ( development, the rail corridor cc' pattern to better service the tou 4.1.14 The Grand Boulevard is also a publicly-owned transportation c, and experience of the visiting t Victoria Avenue southerlyto Roi- :ity and Queen 'Victoria Park shall be 'onmental feature. Development or ke place within the escarpment area. 9 escarpment and new developments at :his natural and physical quality. R SYSTEM ;, which currently traverses the Central f this Plan, The railway lands shall be n purposes in order to improve visitor Pa, qiagara Parks Commission lands shall high tech visitor transportation service parking facilities in a looped system. connected to the People Mover system ervices. ~tegrated with the Tourist Area. Stations :cessible to the street level to service the nteraction with adjacent developments. )lignment in order to facilitate integration t-up area to avoid traffic conflicts at street d stops; e in design; and development. led at improving linkages between Tourist ages for large development sites and :t the movement a nd circulation of visitors. ;P rail line as a major impediment to n be utilized to expand the existing street 'ist area and its growth potential. concept aimed at the creation of a new )rridor targeted at improving the movement )urist. It will provide for the extension of inson Street and then to Buchananthereby 2-17 4,1,15 4.1.16 4.1.17 connecting the existing activity node at Clifton Hill to the new activity node in Fallsview. Similar opportunities exist to improve the Portage Road link between Marineland and the Rapidsview amphitheater and the Fallsview subdistrict. The extension of Ferry Street through to the new Grand Boulevard will also serve to create a stronger link with the Lundy's Lane District. The new Gra6d Boulevard shall provide for a comfortable and animated public street featuring wide sidewalks and a variety of activities and amenities for pedestrians. It shall contain the People Mover where the Grand Boulevard follows the railway right-of-way. Detailed engineering and design studies for the Grand Boulevard follows the railway right-of-way. a) determine the alignment and right-of-way along the full length of the new boulevard required tO accommodate 'pedestrians, bicycles, a People Mover System and automobile traffic; b) identify detailed streetsca pe improvements such as road and sidewalk widths, sidewalk paving, street lighting, the location and type of street trees, street furniture details, the treatment of public utilities in street allowance and signage. Implementation of the Grand Boulevard concept will be considered as part of future undertakings including a Master Transportation Plan update and a Streetscape Master Plan. THE NEW CASINO DEVELOPMENT 4.1.18 The new casino complex on the Murray Hill site shall be consistent with the policies of this Plan and sha~l make a positive contribution to the public realm of the Niagara Falls Tourist Commercial Area. 4.1.19 The area around the new casino development shall become the second activity node in the Tourist Area, with the first activity node located at Clifton Hill and the existing casino. Council shall ensure that both activity nodes remain important tourist destinations, each containing a wide range of commercial uses. 4.1.20 Other components of the new casino initiative include an expansion of Marineland and the establishment of an amphitheatre at Rapidsview. This will result in a third activity node being created. Improved linkages between these nodes will be required to ensure that economic spin-offs accrue to the surrounding properties. Figure 2 Acldtlionol Entry ~cm Mo~'inel~3nd Street System 2-:29 LEGEND Entry Corridor Grand Boulevard Falls Access Retail Street SCHEDULE 1 Subject Land Location Map 5950 Victoria Avenue Niagara 21st Group Inc. SPC-06/2002 1 :N'I'S S :kS i~lan~?C Fil *a',2002x3 pC 4}6 ~ o fi ce ~r SCHEDULE 2 SCHEDULE 3 \\ July 10, 2002 engineers architects planners gO Mr. Ed Dujlovic, P.Eng. Director of Municipal Works City of Niagnra Falls P.O. Box 1023 4310 Queen Street Niagara Falls ON L2E 6X5 Dear Mr. Dujlovie: Grande Boulevard, Functional Design Study Engineering Proposal General TSH is pleased to submit a proposal for the functional design, Ferry Street and the associated pedestrian/multi-use trail eonn Murray Street on the south. This proposal is based on our revi us and on our recent discussions with you. The project includes the functional design of a roadway link pedestrian and bicycle facilities and landscape design elements area specific studies. In addition, pedestrian/multi-use trail cot Hill on the north and to Murray Street on the south. The func such as a future people mover alignment, air rights, and rights sectional treatments will be considered and that two funcfiona review. A preferred plan will be selected, based on a review final plan will be provided. Landscape treatments will be c, relative to this functional design development. Liaison with component of this project and 6 meetings with stakeholders is resolve property specific issues. TSH is well qualified to undertake this assignment due to our the Transportation Master Plan, the Niagara Falls People Mt detailed design activities. Our Team experience gained in m will be carried forward to this new assignment. Our depth of the design issues, public concerns and agency requirements w which will benefit the City. Key TSH staff members, such Stuart, who have been involved in other area projects are p~ forward with this assignment. In addition we believe that ou solid, practical experience necessary to complete this assignme Totten Sims Hubicki Associates 36 Hiscott Street, Suite 200 St. Catharines, Onterio, Canada L2R 1C8 (905) 682-0212 Fax: (905) 682-4495 E-mail: niagara@tsh.ca www.tsh.ca roadway link from Robinson Street to :ctions to Clifton Hill on the north and to of background information provided to from Robinson to Ferry Street including consistent with the Official Plan and other neetions are required to connect to Clifton tional design is to consider other elements of way. It is anticipated that several cross design alternatives will be developed for ~ith consultant and City staff input, and a msidered on a cross sectional basis only, aeal property owners will be an important allowed for in order to solicit input and to nvolvements in other area projects such as ver EA, and the Stanley Avenue EA. and tdertaking these and other related projects mowledge of the area traffic environment, ill result in design and process efficiencies s Doug Allingham, Gary Pappin and Tim oposed to carry their in-depth knowledge r Project Team reflects the high degree of Work Plan Based on our understanding of the project we have identified a work plan which addresses the project requirements. The activities and associated staff efforts and costs are provided as an exhibit attached to this proposal. A listing of the core activities anticipated at this time is as follows: · Obtain all background data and reports and review · Site survey and prepare base plan for the study area · Develop design criteria and design constraints for functional design, with input from City staff Conduct two technical review meetings with City staff of the Public Works and Planning departments to review technical designs and progress. · Develop typical cross sections (accounting for elements such as pedestrian, bicycle, automobile, and people mover) and 2 initial alignment alternatives for review with staffand others · Traffic analysis relative to development of alignment alternatives, particularly as regards intersection designs · Landscape design input · Meetings and liaison with stakeholders/property owners to review property specific and area issues. 6 tabletop meetings are anticipated at this time. · Select a preferred design concept with input from City staffand refine the design. Ieee Proposal Our professional fee to undertake this Functional Design for Grand Boulevard, including administration and disbursements, is itemized by major task on the attached EXHIBIT. The estimated effort of our staff for each task is noted as well as the applicable disbursement costs. The total estimated fee for this project is $52,080.00 (exclusive of GST), including $8,600.00 in disbursements. Billings will be submitted based on hourly rates and disbursements for actual time spent on the project. Summary Our Team, as proposed for this project, has a history of successfully completing projects in the City of Niagara Falls and we look forward to working with City staffon this interesting project. We are ready to begin project activities immediately upon your authorization to proceed. Yours very truly, tbs/ts /attach toffen sims hubicki associates engineers architects planners CITY OF NIAGARA PALLS GRANDE BOULEVARD FUNCTIONAL DESIGN STUDY FEE SCHEDULE AND COST BREAKDOWN s11.~0 g.~lo ili.200 $1.~0 ~.440 SZoeo $11.g~0 $%440 Ext, llBrr The Cify of Niagara Falls Canada Community Services Department Municipal Works 4310 Queen Street P.O, Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905) 356-2354 E-maih munwks@city.niagarafalls.on.ca Ed Dujlovic, P. Eng, Director MW-2002-87 File G-180-01 July 15, 2002 His Worship Mayor Wayne Thomson,. and Members of the Municipal Council City of Niagara Falls, Ontario Members: RE: MW-2002-87 Municipal Parking & Traffic Committee Recommendations - June 18, 2002 Meeting RECOMMENDATIONS: 1) 2002 Budget It is recommended that: 2) The Committee is opposed to the fact that no discussions were held with the Parking and Traffic Committee regarding the taking of monies from the parking Fund for this year. The Committee should be consulted in the future when considering taking of any monies from the Parking fund. MW-2002-58 - Crysler Avenue Parking Review It is recommended that: Parking be restricted between the hours of 6:00 p.m. and 6:00 a.m. on the west side of Ctysler Avenue between Bridge Street and Park Street; and, Parking be restricted between the hours of 6:00 p.m. and 6:00 a.m. on the east side of Crysler Avenue from Park Street to a point 55 metres north of Park Street. Working Together to Serve Our Community Municipal Works ,~ Fice ,Services *~ Parks, Recreation & Cu/ture ~'Business Development a'Butlding & By-Law Services July 15, 2002 3) -2- MW-2002-87 MW-2002-65 - Drummond Road between Morrison Street & C.N.R. Corridor Traffic Operations Review/Signal Timing Review It is recommended that: Staff proceeds with the signal timing adjustments outlined in this report for the intersection of Drummond Road and Morrison Street, Staff continues to monitor the intersection and implement appropriate signal timing plans when warranted, Transport Canada (C.N. Rail) be requested to review the feasibility of installing protective gates at the level rail crossing on Dnmnnond Road and at the level rail crossing on Pottage Road, Staff continues to meet with Delta Bingo Hall representatives concerning improvements to driveway ingress and egress, and, Intersection improvements oUtlined in this report be considered in the 2003 Capital Works budget. 4) MW-2002-66 - Kister Road at Progress Street - Request for All-Way Stop Control It is recommended that an all-way stop control be installed at the intersection of Kister Road and Progress Street. MW-2002-67 - Dunn Street Parking Review It is recommended that: 1. Parking be restricted at all times on the south side of Dunn Street between Heximer Avenue and Collins Drive; and, 2. Parking be restricted at all times on the south side of Dunn Street from Heximer Avenue to a point 45 metres west of Heximer Avenue; and, 3. Parking be restricted at all times on the north side of Dunn Street from Kiwanis Crescent to a point 50 metres west of Kiwanis Crescent. BACKGROUND: The Municipal Parking and Traffic Committee, at its meeting of June 18, 2002, considered the matters noted and fbrmulated the recommendations above. July 15, 2002 -3- City Council's concurrence with the recommendations appreciated, S:\TRAFFIC~ILF~PORTS~002~2002 Couneil'aM~r~2002.87.wpd Res Aide Mun MW-2002-87 tlined in this report would be ~ub~ted by: rman Kim Craitor, Chairperson, ~cipal Parking & Traffic Committee Fire Services City Of ~1~1~, 5809 Morrison The Street Niagara FallsVJ~,, Niagara Falls, ON L2E 2E8 Canada ~/ir web site: www.city.niagarafalls.on.ca ~ I ~ Tel: (905) 356-1321 Fax: (905) 356-6236 E-maih pburke~city.niagarafalls.on.ca July His Worship Mayor Wayne Thomson and Members of Municipal Council City of Niagara Falls, Ontario Members: Re: FS-2002-08 - Purchase and Installation of RECOMMENDATION: · That Council authorize the purchase and installation of ap sign posts, over a two-year period, from Advanced Service approximately $42,180.00, Goods and Services tax extra. BACKGROUND: Firefighters responding to our rural areas (primarily Stati~ of fire response concerns in their respective areas. The hie quick location of addresses. Many of the rural homes are roadway. This makes reading address markings on the fron of street or other lighting aggravates the difficulty in loca a delay in the delivery of service to a citizen that has ¢ driveway entrance would significantly improve our abi emergency assistance is required. Many other communities in the Region have completed or this worthwhile project. The signs would be located on th, at a predetermined distance from the main driveway entre A tender was sent to various sign companies. Seven comp Their quotes are listed below· All fire fighters are in supl Smoke Alarms Save Lives - Check Working Together to Serve 0 Patrick R. Burke Fire Chief FS-2002-08 5, 2002 kddress Sign Posts proximately 1500 rural number address s from Thorold, Ontario at a total cost of no Provincial tax applicable. ~s 4, 5 and 6) have completed an analysis est priority that surfaced for all areas was somewhat removed from the Municipal :of the home next to impossible. The lack :ing the address. All of this can result in alled for help. Address numbers at the lily to locate the proper address when are currently in the process of completing ~ Municipal roadway at the property line, ncc to the property. mies responded to our request for quotes. )ort of this progressive project and agree Your Smoke Alarm ur Community July 15, 2002 Page 2 F8-2002-08 it will assist them in responding to an emergency call. Parking and Traffic was also consulted and agree with the quality of the product selected. Staffis recommending Advanced Services of Thorold for the following reasons: lowest submitted price highest quality materials meets the requirement of the Niagara Parks Commission reflective numbers both sides environmentally friendly colours (green and white (luminous)) The following are the competing companies and their costs per sign (and total @ 1500 signs). All applicable taxes are extra: Company Cost Advanced Services, Thorold $28.12 ($42,180.00) Spotlight Signs, St. Catharines Signature Signs, Niagara Falls Roadside Rentals, Thorold $29.00 ($43,500.00) $29.26 ($43,890.00) $35.00 ($52,500.00) Touchstone Site Const., St. Catharines $39.80 ($59,700.00) Peninsula Construction, Fonthill $60.41 ($90,612.00) Continental Decal Limited, Toronto $96.00 ($144,000.00) The contractor will be responsible for providing the posts and numbered signs, complete with service locates and installation according to Fire Services standards. FINANCING: The plan is to complete this project over a 2-year period at approximately $17,500.00 per year. Funds have been budgeted for in the 2002 and 2003 Capital Budget to fund this project. Assistant Chief ended ~'~: Fire Chief °~Ed~'ar ged77.bY: dP.L Direct°r °f Fire Servic7 Respectfully submitted: Jotm MacDonald Chief Administrative Officer CR:rs The City of Niagara FallsI Canada Fire Services 5809 Morrison Street Niagara Fails, ON L2E 2E8 web site: www.city,niagarafatls.on,ca Tel: (905) 356-1321 Fax: (905) 356-6236 E-mail: pburke~city.niagarafalls,on,ca July His Worship Mayor Wayne Thomson and Members of Municipal Council, City of Niagara Falls, Ontario Members: FS-2002-11 - Agreement with Je Temporary Training Site for Nie Vacant House at 4921 Lyons Cr~ RECOMMENDATION: That Council authorize an agreement with Mr. Jerry Department to temporarily use the property and buildi~ training of its firefighters. BACKGROUND: Mr. Jerry Essex is the owner of the property at 4921 L. demolition. The building located on the property is unocc Niagara Falls Fire Department is interested in using the related to the duties of its firefighters and intends to use ~ practice, laddering practice, fire cause determination and Patrick R. Burke Fire Chief FS-2002-11 Assistant Chief ~~ ~/~ Joll Fire Chief Chi 5, 2002 try Essex gara Falls Fire Department ek Parkway gssex to permit the Niagara Falls Fire at 4921 Lyons Creek Parkway for the ons Creek Parkway which is slated for upied and in substandard condition. The building to carry out training activities he building for ventilation practice, foam overhaul. LS:rs Smoke Alarms Save Lives - Check Working Together to Serve 0 Your Smoke Alarm '~r Community oectfully submitted: MacDonald ~t' Administrative Officer Mr. Essex is agreeable to the request and is prepared to enter into an agreement with the City for this pUrPose. Once the training has been completed, Mr. Ess{x agrees to demolish the buildings, at his own expense, within 90 days of receiving notice from the ~ity to do so. The use of the property will be at no cost to the City. / / erep~~ ~Tvedby~ ~. ~ Lee gmith Edv,ard P. Lusfig Dire ~ctor of Fire Services The City of Niagara Fallsl 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-maih pburke@city niagarafalls,on,ca July His Worship Mayor Wayne Thomson and Members of Municipal Council City of Niagara Falls, Ontario Members: Re: FS-2002-12 - Purchase of ] RECOMMENDATION: That Council authorize the purchase of a new triple coml Superior Emergency Vehicles Ltd. from Red Deer, Alb~ (Superior "D" bid). BACKGROUND: Through the Fire Services Review process, a number of in the areas was for the replacement of the pumper track at greater capabilities and more technically up to date. Th beyond its recommended service life of 20 years and is b{ This new vehicle would provide services primarily to the and Fire District 6 (Crowland), also assistance to Fire for the City proper as required. The proposed fire apparatus is a Class A pumper on a cot similar in overall size to other pumpers yet have a larger, foam capabilities for the rural and highway areas of N increased operational flexibility and allow for optimum w scenes in the rural or urban areas. An advisoD' committee has been established with Statior accompanied staff to the Fire Department Instructors' Co Smoke Alarms Save Lives - Check Working Together to Serve 0 Patrick R. Burke Fire Chief FS-2002-12 5, 2002 'umper Truck fination, side mount pumper track from rta at a. cost of $247,054.00 plus taxes .Provement areas were identified. One of Fire Station 5 with a newer model with : current 1973 Chevrolet track is well hind schedule for replacement. residents of Fire District 5 (Willoughby) :trict 4 (Chippawa) and provide back-up unercial chassis. Th_is apparatus will be Yater carrying capability and firefighting [agara Falls. The vehicle will provide ~hicle placement and usage at emergency 5 officers. A member of the committee nference in Indianapolis, USA to view Your Smoke Alarm ur Community July 15, 2002 Page 2 FS-2002-12 various apparatus. Members of the Committee also attended the Ontario Fire Chiefs' Conference to view various apparatus and talk to manufacturers' representatives. Consultation took place with City of Niagara Falls, Garage Foreman Rick Zabor regarding the mechanical specifications of the vehicle. A request for proposals was circulated to eight fire truck manufacturers. Six companies responded to the RFP with various quotes. The acceptable quotes are listed below. Staff is recommending Superior Emergency Vehicles Ltd. "Bid D" for the following reasons: lowest price for a vehicle on an International Truck Chassis stainless steel plumbing selected by mechanical staff for vehicle servicing and parts availability short wheelbase for shorter turning radius optimal configuration of water inlets and outlets optimal specifications and configuration of foam distribution system best meets the needs identified by the volunteer equipment review committee proven reliability and quality of manufacturer The following competing companies and their quotes are illustrated: Company Cost Resqtech "A" $245,189.00 (plus tax) Resqtech "B" $248,189.00 (plus tax) Dependable "A" $263,615.00 (plus tax) Dependable "B" $283,515.00 (plus tax) Darch Fire Superior "A" Superior "B" $253,994.00 (plus tax) $232,229.00 (plus tax) $237,729.00 (plus tax) Superior "C" $239,729.00 (plus tax) July 15, 2002 Page~ FINANCING: There are sufficient funds available in the 2 Prepared by: Assistant Chief Apr Edw Dire Recommended by: Fire Chief Re~ Johr Chk CR:rs FS-2002-12 D02 Capital Budget to fund this purchase. ~ved by: -?' xd P. Lustig :tor of Fire Services .ectfully submitted: MacDonald f Administrative Officer Niagara Falls Canad~,~~ 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.niaga rafalls.on.ca July His Worship Mayor wayne Thomson and Members of Municipal Council City of Niagara Falls, Ontario Members: Re: R-2002-44- Actions Stem. mini Planning & Greening Comm~rtee 1 RECOMMENDATION: It is recommended that Council endorse the actions of the Ju Planning & Greening Committee. BACKGROUND: The Environmental Planning & Greening committee deal meeting and wish to highlight the results for Council's con 1. City of Niagara Falls Use of Pesticides On May 13, 2002, a presentation was made to Cou Initiative, requesting CoUncil pass a by-law to totall3 · including public and private lands. 'The matter was Planning & Greening Committee for review. A presentation was made to the Committee bY Liisa Healthy Environment Initiative asking the Committe on public and private property. The Environmental Planning & Greening Committee On the Use of pesticides in the City of Niagara Falls that the .City of Niagara Falls is using pesticides h involved in the Integrated Pest Management ([Pi fertilizers. A by-law to prevent the use of pesticides on public this time. The Environmental Planning & Greenin I. The continued limited use of pesticides on Working Together to Serve Oh Municipal Works Fire Services Parks, Recreati Adele Kon Director R-2002-44 5, 2002 from the Environmental deeting of June 19, 2002 ae 19, 2002 meeting of the Environmental t with a number of items in their recent ddemtion. acil by The Niagara Healthy Environment ban cosmetic use of pesticides in the City, referred to staff and to the Environmental Harju, a representative from the Niagara ~ to ban pesticide use for cosmetic purposes reviewed and discussed Report R-2002-3 6, From the report, the Committee learned t a veu limited amount. As well, staff is d-) strategy and is searching for natural nd private property is not recommended at Committee recommends the following: Tity lands. CommuniO' Culture · Business Development -2- That staff continues involvement in the lntegrated Pest Management (IPM) strategy, staff continues to search for natural fertilizers and that staff educates public on the use of pesticides, That the use of pesticides on sports fields be limited as much as possible, with discretion to the Superintendent of Parks and Cemeteries due to the fact that fields become weed invested when they have suffered substantial turf loss. This can be caused by overplay, playing in poor weather conditions or the inability to promote turf growth in particular lack of irrigation. The Environmental Planning & Greening Committee supports the new Bill C-$3, introduced by the Federal Minister of tlealth to modernize pesticide legislation and protect Canadians. (Information on Bill C-53 is attached). 2. Beautification Projects - Queen Street and Thorold Stone Road The Committee discussed the beautification project for Queen Street md. Valley Way and Queen Street and Victoria Avenue. The Committee gave their approval for both projects. The Committee discussed a beautification project for the day lighting triangle at Thorold Stone Road and Stanley Avenue. Staffhas met with The Regional Municipality of Niagara. The Committee gave their approval to continue working with the Region and to proceed with this project. 3. Safe Drinking Water The Committee received a letter from Marilyn Churley, Tomnto-Danforth Member of Provincial Parliament, requesting support for Bill 3 "An. Act to restore public confidence in the quality of drinking water in Ontario". The Committee gave their support for Bill 3. (Bill 3 is attached.) 4. Alternate for Committee The Committee approved the recommendation to appoint Alderman Paisley Janvary-Pool as an alternate for Alderman Janice Wing. Council's .consideration of the above recommendations would be 'appreciated. 371~d~n,.~_~S~T[na ~olpa~i, C halr Environmental Planning & Greening Committee LA/das Attachments V:~002COUNCILg2002 07 15',R-2002-44 - Actions from EP&G Mtg June 19, 2002 Pesticides .wpd A Pestici BASIC FACTS for Executive Summa zles Prime /IUNICIPAL OFFICIALS / llllllll/ll The Hudson, Quebec Supreme Court of Canada decision has given renewed vigor and hope to environmen~al lobby groups seeking pesticide bans across Canada. Cities that have been targeted as "likely~ prospects for pestiddebans will inevitabl be faced with extended hearings where both "pro' and ~anti" forces spend considerable time, energy and dollars ,for their stated positions. that draft pesticide regulation byla~ completely eliminating use permissible pesticides aS a first generally have underestimated the r adjush.ent in budgets. space/park management if pesticides are eliminated tOOndts. Health Care/PHC) and Integrated have been years, but few munidpalifies prograr~ to eliminate or set 9up trace amount use of pesticides. As in mi-smoking legislation, municipali- ties can expect local health councils, health units and medical officers of health to be pressured to take up the '~oan pesticides for cosmetic use" cause. Some adiacent municipalities may also be face( with the conundrum of differing bylaws, similar to smoking bylaws, where one sic of the street may have different rules than the other, due to lack of governing proviw 'cial legislation on the matter. ,lC AFFAIRS UPDATE- Unless local works and parks and recreation authorities outline pwactive measures and educational programmes on this issue to their councils, they can expect to be on the sidelines of the main event between the "pro" lobbyists and the "anti" pesticide groups. Lobbyists are busy partidpating at public meetinge, hearings and task forces across Ontario, including:. Environmentalists: such as The Sierra Club, World Wildlife Fund, Toronto · Environmental Alliance in Ontario, and, as the Crop Protection Institute (Urban Pestiddes Group), the hdustry Taskforce on 2-4D Research Data and landscape Ontario. The Federation of Canadian Municipalities (FCM) has taken leadership on this issue, and have a web site outlining their position, advocating for "precautionary prtndples," reducing use wherever possible, but not completely banning, while non-synthetic alternatives to pesticides are brought out and regulated by the Pestidde Management Regulatory Agency (PMRA)--a federal agency under the Depa~hnent of Health. - A Pesticides Primer * May, 2002 Regulatory Environment Regulation of pesticides is carried out by the federal government under the Department of Health through the Pesticide Management Regulatory Agency (PMRA). The Pest Control Products Act (PCPA) is passed federally and administered in Ontario by the Ministry of the Environment. Municipal authority to pass bylaws controlling pesticide use varies from province to pwvince. In Ontario, under the Municipal Act, there Is no specific reference to pesticides. The Honourable Anne McLellan, Federal Minister of Health, introduced Bill C-53 in April 2002 to modernize pesticide leslslatlon--~T/F~T6tect Canadians. me proposed new ~ Conlrol Products Act (PCPA) would: · stretlg~en h~alth and ~nvlronm~ntalprotection; · make the re~stratYon system more trun~paren~ and * strengthen post-regls~atYon control ofpps, tYddes. The propos~ new PCPA will enhance public confidence,- here and abroad--that Canadian agrY-food, fores~y and other pwducts are saf~ "lhe challges inffoducod today take into consideration the views of all parties, ,vh~ rec~gt,~2ir~ that the protec~on of human health and the etwironment COntinue to l~ the top priorY~F tn regulattng pes~ddes In Canada, ' said Minister McLellan. Sden-flc approads (7) In evaluating the health and environmental risks of a pest control product and In determining whether those risks are acceptable, the Minister shall (a) apply a scientifically-based approacl~ and Co) in relation to health risks, ' (i) apply appropriate margins of safety to take Into account, among other relevant factors, the use of animal experimentation data and the different sensitivities to pest control products of major identifiable subgroups, including pregnant women, infants, children, women and seniors, and (tl) in the case of a threshold effect, if the product is proposed for use in or around homes or schools, apply a margin of safety that is ten times greater than the margin 'of safety that would otherwise be applicable under subparagraph (i) in respect of that threshold effect, to take Into account potential pre- and post-natal toxicity and completeness of the data with respect to the exposure of, and toxicity to, infants and children unless, on the basis of reliable scientific data, the Minister has determined that a different margin of safety would be appropriate. Bill C-53 is expected to be enacted quickly prior to the summer oi~ 2002 and among many other elements of the legislation, it ti§htens registration standards of existing ~d £uture pesticides as they pertain to the potential ~ks and Itecreation Ontario PUBLIC gl:FAIRS UPDATE The Hudson Quebec Supreme Court of Canada Decision In Quebec, an amendment was made to provincial legislation granting municipalities the authority to regulate the use of pesticides on private property. In 1991, the municipality of Hudson passed such a bylaw, which prevents homeowners from applying pesticides to their properties. This has recently sparked attention, with two landscape companies appealing to the Supreme Court of Canada to rule that municipal governments lack the authority to ban cosmetic use of pestlddes on private property. The Supreme Court decision was announced in the summer of'2001 and the fight of the municipality of Hudson, Quebec to regulate pesticide use was upheld through application of the ~precautionary" principle. . Note that HUdson, Quebec hasn't conk~letely banned pestiddes as a result of the bylaw, but rather regulated 'use of pestiddes. Parks and Recreation Ontario (PRO) advises each munidpality, agency or organization to seek independent legal advice before enactIng bylaws or legislative action regarding pesticides. In Ontario, many environmentalhj-ortellted lndivic~ml$, group% and even health agendes, have tndic~tt~ that the Onta~o Municipal Act provides the ability for municipalities to indspendentiy enact municipal controls on pesticide ~ Ontario municipalities have been rehlct~t tO enact ~ legislation given the legal challenges {hat most certninly will result Halifax, Nova Scotia has taken a more selective approach, with the recent passing of a bylaw that regulates private use of pesticides in areas near schools and hospitals. 'the bylaw also enables local residents to petition local medical authorities for relief from application of pestiddes for medical reasons. Note of Caution... When environmental lobbying takes place in your local municipality, and landscaping/lawn care firms inevitably line up against them, don't get caught in the crossfire! Based on the experiences of cities where this has occurred, outright lies, exaggerations and fear- mongering tactics may be part efthe dialogue, along with blatant misinformation campaigns. A Pesticides Primer * May, 2002 LEGISLATIVE A$$EI~ MARILYN CHURLi Toronto-Danfort Dear Environmentalist, Part Two 6f the R~port of the Wa!kerton Ihquiry will soon b support in pressuring the government to hold public hearir Safe Ddnking Water Act, 2001. : I have enclosed a postcard you can send the government. the people of Ontado have a dght. to clean and safe ddnkin After the Walkert0n tragedy, the Conservatives brought in r without funding to enable municipalities to meet the new refused to pass my bill or bring in legislation of their own. part of the Report of the Walkerton Inquiry, Judge O'Conn~ water legislation. In order to prevent another Walkerton, I'am calling on Pren Give Bill. 3 .public hearings and pass thi~ vita! legislation. The SDWA: · Makes it an offence to pollute the water system Creates a Water Council whose mandate will be to advise the minister on those issues; · Creates a Safe Ddnking Water Fund that will be use assistance to public water suppliers, to ensure'that' under the Act; Solidifies a fair partnership between th'e province af with clean and safe drinking water; · Contains mandatory reporting and notification rec health officers and the Ministry of Environment; · Cardes penalties for failing to comply with monit · Former premier Mike Harris promised under oath that if iud legislation he would put it in place. Well, Mike Harris is gon Ernie Eves keeps that promise. The Conservatives can no longer ignore the public demand environmentalists you know that, without tough legislation, can count on your support to urge the government to hold regarding Bill 3 so that it can return to the legislature for th Yours Sincerely, . Marilyn Churley, MP[ NDP Caucus Environl Room 204, North Wing, Legislative Building, Te1:(416) 325-3250 E-mail: mchurl~ ~$, 1L,~<.~E~'L*IO ~ ~. CULTUR~ released. I am writing to enlist your ,gs .for my pdvate member's Bill 3, the It's a clear message saying you believe water. ~ regulations without teeth and egulations. They have consistently 4owever, it is likely that in the second r is go. lng to recommend safe drinking der Eves to do what Harris failed to do: ¢ :ondutt research on water issues and d to provide technical and financial :hey are able to meet their obligations ~d municipalities in ProViding Ontafians Jirements to water users, local medical ng and notice'requirements; ]e O'Connor recommended safe water e, so now we have to make sure that for safe drinking water. As the .environment is vulnerable. I hope I hearings and hear public responses rd reading debate and a final vote. lent Critic Foronto, Ontario MTA 1A5 y-qp@ndp.on.ca oo The people 'of Ontario have a ri_g~ht to' clean and safe drinkihg water Dear Premier You have the powe~ to prevent what happened in partisan pollUcs stand In the way of .e~sudng safe drinking wato~ for everyon~ in Ontark~'Send Bill 3, as urged by the NDP's Hatilyn C~urisyand the Canadian Envimnmen~l Law AssociaUon. if anything positive ~s to come out of the ~ and ' suffering of the citizens of Wal~, it should be comprehensive legislation to prol~ the province's water supply. A ~afe Drinking Water Act does not ~ to wait for the 'Walke~ton inquiry to conclude. This is an acUon you can take tzxlay. I urge yeu I~ bria~ ferwa~l I~e Safe Driaking Water Act for Immediate public he~dngs. Address: Postal Code: Signature: 'Premier Ernie Eves C/O Marilyn Chud.,e.y Room 204 .:. LegislaUve Building Toronto, Ontario M7A 1A5 2ND SESSION, 37TX LEGISLATURE, ONTARIO 50 ELIZABETH II, 2001 Bill 3 An Act.to restore public confidence in the quality of drinking water in Ontario Ms'. Churley Private Member's Bill 1st Reading ~ Roading Royal A~nt Alxil 23, 2001 Printed by the Legislative Assembly of Ontario Loi v SESSION, 37~ LI~GISLATM, ONTARIO 50 ELIZABETH II, 2001 Projet .de loi 3 isant ~t r6tablir la confiance pubHque dans la qualit6 de l'eau potable en Ontario Mine Churley Projet de ioi de d6put6 2'1ecture. 3e lecturo ~nction royale 23 avril 2001 Imprim6 par l'Assembl6e 16gislative de l'Ontafio Bill 3 2001 Projet de lei 3 2001 An Act to restore public confidence in the quality of drinking water in Ontario Lei visant h r6tablir la confiance publique dans. la qualit6 de l'eau potable en Ontario Preamble The people of Ontario have the right to clesn and safe drinking water. Clean, safe drinking water is a basic human entitlement and essential for the protection of public health. To ensure that tho people of Ontario have safe drinking water, drinking water standarda ~ould be l~vi~wed and mvi~i frequently, information about drinking water quality should be fr~ly available, drinking water issues should Im dealt with by the provindal and municipal levels of gov~rnn,~t working in partn~ship, and th~ process for making d~ision~ about ddnicing water issues should be transparent and accountable. Therefore, Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts a~ follow~: L (1) The pulpose8 ofthi~ Act are, (a) to reco~izo that people who use public water systems in Onta/io have 'a fight to receive clean and sefe'drinking water from them; Co) to remore public confidence in the quality of drinking water throughout Ontario; and (c) to protect and enhanc~ the quality of drinking water in ontario. (2) In o~es to fiflfll tho purlmses ~et out in subteen (1), this Act provides, (a) means for r~viewing decisions about drinking' water quality mode by the Government of Ontario and holding it accountable for those decisions; and (b) increased access to the courts for the protection of drinking water quality. Definitions 2. In this Act, "contaminant" means a biological, chemical, physical or Prhmbub' La population de l'Ontario ale droit d'avoir acc~ ~ uno eau potable qui soit propro et saine. L'acc~ ~, uno eau potable propre et saine est un dmit humain fundamuntul ct est essentiel ~t la protection de la sant6 publique. Pour garantir uno eau potable saine ~t la population .de I'Ontario, les hermes en mati~ro d'enu potable dcwnient ~lre examines et r~vis~s fr~quermnunt, les renseigncments sur la qualit$ de I'enu potable dcvraient ~tre faciles d'acc~ les pallets dc gouvemement provincial et municipal devraieut se pencher en concertation sur lea ques~ons ii&~s k l'esu potable et le processus d~cisionnel ~t l'~gard de res question~ dcvrait ~tro transparent et assofli de l'obligation de rendro des comptes. Pour res motifs, Sa MajestY, sur l'avis et avcc le consenteraent de I'Assembl~e l~gialative de la province de l'ontario, &licto: 1. (1) Les objcts de la pr~'mme lei sent les ntivan~: . a)reconna~rc qUe la population qui utiliso lea r~seaux public~ d'adduction d'enu en Ontario ale droit de se procurer de l'esu potable propro et salne k pan'ir de res r&esux; . b) r~ablir la confiance publique dam la qualit6 do l'eau potable partout en Ontario; ' c) pr6server et rchau~er la qualit~ do l'esu potable en Ontario. Idem (2) Pour r~aliser les objeta ~nonc~ au paragrapho (1), la pr&ehte lei: a) pre-voit des moyens Permettant d'examiner les d6cisions du gouvernement de i'Ontario sur la .qualit6 de l'eau potable et de rendre cc dernier comptable dc res d~cisions; b) accrolt l'a¢¢~s' aux ffibunaux dans le but de preserver la qualit6 de I'eau potable. 2. Les d~finitions qui suiYent $'appliqucnt ~ la pr6$ente lei. ~certificat al'approbation, Approbation accord~e aux Sec,/art. 3 (2) EAU POTABLE SAINE (2) Subsection (3) applies whenever, (a) a test conducted under clause (1) (a) reveals that maximum permitted contaminant levels or maxi- mum permitted substance levels are exceeded or that prescribed standards arc not adhered to; (b) a test to bo conducted under clause (1) (a) is de- layed or cannot be performed for any reason; (c) equipment for conducting a test under clause (1) (a) or for purifying drinking water.is malfunction- ing. (3) If a situation described in ciause (2) (a), (b) or (c) exists, the public water supplier shall, (a) imm~iatoly notify thc reed/cai officer of health and the Ministry of the results of the'test; Co)- ensure that notice is given to ail users in accor- (c) uk~ inUned~ stq~ to cOn, ct dae ~,,ob. lcn~ and (d) raake an alternative supply of saf~ drinldn~ water available to all us~ until the problem has been corrected. (4) The duty imposed by subsection (3) applies as soon as the public water supplier knows or ought to know of the situation. .W~ter t~fl~ lal~rat~-l~ 4. (1) AIl tests under chuse 3 (1) (a) Shall b~ con- duat0t by a water re, ting laboratory that is aea~dit~d by tho Ministry in accordance with the r~gulations. Notle~ to (2) Every public water supplier shall, (a) .promptly ndviso the Ministry of which lab0mtoty ia conduoting the public water ~upplier's tom der ohd~ 3 (1) (a); and (b) ifa different laborato~ is ~ advise the Minis- try immediatoly. R~poFtihg tnt re~ults $. (1) Every water testing laboratory shall 'promptly report the results of all tests conducted under clause 3 (1) (a) to the Ministry and to the public water supplier. Reporting unsafe water tests (2) If a test conducted under clause 3 (1) (a) reveals that the maximum permitted contaminant levels or maximum permitted substance levels are exceeded or that prescribed standards are not adhered to, the labors- Idem (2 suiv~ Projet 3 3 Le parag~aphe (3) s'applique dans les situations ntes: une analyse faire aux termes de I'alin6a (1) a) r6v61e des concentrations en contaminants ou en substances sup6rieures aux concentrations maxi- males admissibles ou la non-eonformit6 sux nor- mos prcscfites; uno analyse qui doit ~'e faire aux termes de I~alin~a (1) a) est rctard~, ou ne peut ~tre faito puur uno raison quclconque~ lo mat6fiel n6ccssaire pour faire uric analyse aux termes dc I'alin~a (1) a) ou pour purifier l'eau po* table est d6fecmcux. Idem p(31r~ Si uno situation vis~e ~t l'alin~ (2) a), b) ou c) se ' ate, lo foumisscur d~eau public fait ce qui suit: a~ il communique imm6diatcment les r~sultsts de l'analysc au m6dccin-hygi6nistc et au minist6rc; bl il fait cn sorte quc tom les usagcrs crt soient avi- s6s conforn~ment aux r/glements; c', il plead i!mn&liatement des mesu~cs pour remi- dior i la situation; d'~ il ract tt la disposition de tuns les usagcrs uno tro somce d'approvisionnement cn eau potable sainc jusqu'l ce qu'il alt 0.~ rcrn6dit i la situa* tion. (4~ L'obligation impos~e par' le paragraphe (3) prcnd effct d~5. quo lc fournisscur d'cau public est ou devrait tt~c ~u courant de la situation. . l~bo~toir*~ d'Mt~ys~ de?emi ' 4. (1) Toutcs les analyses pr6vues tt l'alin~ 3 (I) a) sent faites par un laboratoiro d'analys~ de I'eau agr~ par 1,: minist6re conforra6ment aux r~glements[ a3 niqu~ faite: foun R~pp r6v61 tance sible Chaque fouraisseur d'eau public fait ce qui Suit: il arise pro'mptem~nt lC minist~re du nora du la- boratoim qui fait les analyses pour I¢ comptc du foumisscur d'eau public aux tcrmca de I'alinia 3 (1) a); i'll est fait appel ~ un laboratoire diffire, nt, il cn avise imm~liatomon! lc miniature. mqicatlon du rbultm des anlym (1) Chaque laboratoire d'maiyse de l'eau commu- promptcment les r6sultats de routes les analyses aux termes de r'alin6a 3 (1) a) au minist6re et au isseur d'eau public. Si une. analyse faite aux termes de l'alin6a 3 (1) a) des concentrations en contaminants ou en subs- sup6rieures aux concentrations maximales admis- ou la non-conformit6 aux normes prescfites, le Sec./art. 7 (2) EAU POTABLE SAINE Projet 3 5 tem any thing so as to cause the water to, (a) exceed the maximum permitted level for a con- taminant or substance; or (b) contravene a prescribed standard. (3) Any person who conlravenss sub~flon (I) or (2) is guilty of an offence nad on conviction is liable to a fine not exceeding $7,000,000 for each day on which the offence occurs or continues. (4) Any person who fails to comply with clause 3 (1) (a), (b), (c) or (d) or subsection. 3 O), 5 (1) or 5 (2) is guilty of an offence and on conviction is liable to a fine not exceeding $?,000,000 for e~_eh day an which the offence occm's or eonlim~s. Restrdnin~ order on con-action . (5) The cot~ that convicts a person of an offence under this Act may, on its own initi'"'"'~Ive or on fl~ prose- cutor's application, ~ an .order res~ai~ng the con- tinuation or repetition of the offence. R~rMaI~ or'd~r 8. (1) The Superior Court of lu~ice may, on the Minister's application, order any tnnson to cease comra- vening this Act, the regulations or' a ce~ifica~e of ap- proval In addition to o~r r~medi~ · (2) Subsection (1) is .in addition to any other remedy or penalty provided by law. Action for danm~e~ 9. A person who suffers damagu as a reauit ora Con- travention of subsection 7 (1) or (2) or a failure to com- ply with clause 3 (1) (a), (b), (c) or (d) or subsection 3 (3), 5 (I) or 5 (2) may b~ing an ._~on against the person who committed the contravention or failed to comply, as the case may be, to recover damages. Judldal rev~w, mtdlq 10. Any pemm may apply for judicial ~wiew of ~ M~s~'s ~ or ~n~x~ ufa ~w~ ~ or ~o~ or non~o~ of a ~ imbed by this Act, whet~ ~e ~n is d~y nffec~d or, h~ suffered ~ial damages or not. Water Advisory Council 11. (I) A body to be known as the Water'Advisory Council in English and as Conseil eonsultatif de I'eau in French is hereby established. d'adduetion d'eau, ni y ajouter quoi que ce suit qui ferait en sorte que I'eau, scion le cas: a) acqui~re des concentrations en contaminants ou en substances sup6rieures aux concentrations maximales admissibles; b) ne soit pas coflforme/~ une norme prescrite. Peine (3) Quiconqu~ c,ontr~vient au paragraphe (1) ou (2) est conPable d'une infraction et passible, sur d6claration. de culpebilit6, d'une amende rnaximale de 7 000 000 $ pour chaclne journ6e pendant laquelle l'infraction se commet ou se poursuit. ld.a (4) Q~iconque ne se confonne pas A l'alin6a 3 (1) a), b), c) ou d) ou au paragraphe 3 (3), 5 (1) ou 5 (2) est coupable d'une infraction et passible, sur d6claration.de cuipabilit6, d'une amende maximale de 7 000 000 $ pour chaqne journ~e pendant laqueHe l'infraction se commet ou se poursuit. (5) Le re'burial qui d~clam uae per. uno coupable d'une inl~on it h pt~en~e lei peut, de sa propre ini- tiativc ou sur tequ&te du poursuivant, ~endre tree ordon- nance pour intentke i la personne de continuer ou de rilg. ter I'igfractian. 8. (1) La Cour supifieure de justice peut, sur requite du ndni.stre, ordonner ~t quiconque de cesser de cont~- venir it lb pvts~.nte loi, aux r~glemcnts ou ti un certificat d'approbation. C~) Lepara~aphe (I) s'appiique tn plus des aut~es u~rS ou peines prt. vus par la loi. 9. Quiconque subit un pr6judi~e par suite d'une con- travention au pamgrapho 7 (1) ou (2) ou d'un d6faut de se conformer i l'alin6a 3 (I) a), b), c) ou cl) ou au para- graphe 3 (3), $ (1) ou 5 (2) pout intenter une action en donmmges-int~r~ts conlre la personne qui a commis ia conlravention ou qui ne s'est pas conforrn~ i'i'une de Drelt de requite en rl,/blo~ J.didaire 10. Tout~ lm~onne peut pr6asnter une requa~ tn r~viston judi¢iair~ portant sur I'txercic~ an lc.non- cxetcice ou l'ext~:ution ,fluist~ d'un. pouvoir ou d'une obligation que lui attribu~'ia p~seute Ici, qu~ la personne suit directcment touch~e ou non ou qu'elle sit subi ou non des prejudices p~iculicrs. Cons~O ¢onsulta~f de 11. (1) Est constitut Coostil cOnsuitati£ de l'eau et en an§Isis Water Adviso- ry Council Sec./art. 15 (1) EAU POTABLE SAINE Annual report 15. (l) The Minister shall annually prepare a report on the state of drinking water in Ontario and table it in the Legislature. Timing (2) The report dealing with a given calendar year shall be tabled on or before .April I in the following calendar year. Contents (3) The report shall include, (a) a report off the work of the Water Advisory. Council during the year;, (b) a summary of.&e information ,_ddcd to the water quality registry under section 6 during the year; (c) a report ~n the review under subsection 18 (5) conducted during the previous year and a state- ment of the recommendations made under that subsection; if ~ Safe Drinking Water Fund is established un- der section 19, a report on its oporati .on during the year;, a summary of measures taken by the Government of Ontario during the year to address issues of (0 a statement of measures to be taken by the eminent of Ontario during the following year to address issues of water quality;, and' . . (~ (e) (g) any prescribed information. First'reP°rt (4) The first report under subsection (1) nhnll be ta- bled on or before April 1, 2002 and shall cover the pe- tied that begins on the day this Act comes into force and ends on December 31, 2001. Crown bound 16. This Act binds the Crown. Conflk:t 17. In the event of conflict b~n an), provision of this Act or the regulations marlo under it, and a provi- sion of any other Ant or regulation, this Act and the regulations made under it prevail. Relulations lg. (l) Thc Lieutetlant Goyemor in Council' may make such regulations as are advisable to protect and enhance drinking water quality throughout Ontario. (2) Without limiting the generality of subsection (1), the Lieutenant Governor in Council may make regula- tions, (a) prescribing as a contaminant any biological, Rap[ sur I lad d61x Cent lant 31d It glen ineo pre~ serv Ont~ Idem phe r~gb Projet 3 7 ort annuel ,. (1) Le,miflistre pr6pare chaque, ann&, un rappen 6tat de I eau potable en Ontario et le depose devant ~gislature. ~nt du d~p4t } Le rapport concemant uae ann6e civilo doon6e est s~ au plus tard I¢ 1'~ avril de l'ann6e civile suiyante. Le rapport comprend ce qui suit: un rapport sur les Iravaux e.ffectu6s par le Conseil coksultatifde l'eau au cours de I'ann6e; un r6sum6 de.5 renseignements vers6s au registre de la qualit6 de I'eau aux termea de l'article 6 au cours de i'ann~; un rapport sot I'examen public fait aux termes'du paragraph¢ 18 (5) au cours de ['ann6e pr6c6dente et on expos6 de~ recommandations faites aux termes de ce paragraphe; si un Fonds pour l'eau potable saine est cr~8 en Vertu de l'article 19, un rapport sur son fonction- nement pendant I'aun~e; un r~suml des mesures prises par le gonverne- ment de l'Ontario an cours de l'ann~e en r~ponse aox questions lites i la qualitt de I'eau; un tnonct des mesures que doit prendre le gou- vqmement de l'Outafio au cours de l'ann6e sui- vlmte en r~ponse aox question.s liies i la qualiti de l'eau; tom ronseignements prescrita. Pr rnplmrt ~ Le premier rapport vi~ au pamgraphe (1) est dt- au plus tsrd le 1~ awil 2002 et vise la p~riod~ al- du jour de I'entr~e en vighe~r de la pr~sente lei au .~esmbre 2001. me ~ La pr6sente lei lie la Couronne. flbmtt · Les dispositions de la pr~sente lei oo de ses r~- ~ents d~applicaflon Fernportent sur les dispositions ~p.afibles de route a~re lei ou de tout r~glement. · (t) Le lieutenant,gouvemeur en conseil peut :lr~ les r~glemcnB qu'il juge souhaitables pour pr6- ,'r et rehausser la .qualit6 de I'eau potable partout en rio. ) Sans pr6judice de la port& g6n6rale du paragra- (l), le lieutenant-gouverneur en conseil peut, par :ment: prescrire comme 6tant un contaminant tout agent Sec./art. 19 (2) EAU POTABLE S^INE Projet 3 ' 9 (2) Some examples of the goals to which the techni- cal and financial assistance may be dedicated are, (a) maintaining and improving drinking water qual- ity; (b) improving water delivery systems; (c). providing employee training; (d) establishing progralm to assess and protect water Commmlceme~t 20. This Act comes into for~e on the day it receivfl · Roysl AssenL 21, The shoFt title ofthh Act is the ~J~ Dr/nMn~ ~ter ~f ~ 2001. Idem (2) L'aide technique et financi~re pout ~tr¢ fourni¢ notamment aux fins suivantes: a) 1¢ maintien et l'am61ioration de la qualit6 de I'eau potable; b) I'am61ioration des r~seaux de distribution de I'ean; c) la formation des employes; d) la creation de progranuncs pour 6valuer et pr&~er* vet les zones comportant des sources d'eau. Entre en ~igu~ur 20. Ls pr~sente Iol entre en vl~Ueur le Jour oG elle revolt h sonct~on royole: Zl. Le fltre abr~g~ de la pr~sente loi est Loft de 2001 sur I'eatt potable salne. (gllief 9,~miniatratiue ®filter July His Worship Mayor Wayne Thomson and Members of Municipal Council City of Niagara Falls, Ontario Members: re: CAO-2002-05 - Niagara D RECOMMENDATION: That Council approve an expense of $16,000 to share in th Markets, Region of Niagara and a Comprehensive Strat, District Airport. BACKGROUND: At the January 15, 2001 Council meeting, Council was i established a Steering Committee to oversee the d comprehensive transportation strategy for the Niagara I~ recognized that there was a significant opportunity to c," Airport, located in Niagara-on-the-Lake. As a result, Co supporting the Region's initiative "to conduct a study to. in the Region and the feasibility of increased services at Since that time, Terms of References have been prepared studY will identify the role of each of Niagara's airports a airport based on those roles. The identified roles will be airport to compete for a share of the surrounding market on potential demand and market share for air and air rela The second study will undertake the preparation of a S evaluate existing serv'ices, recommend impro~·ements ar financial plans to help realize the Niagara District Ai economic base. The objective of the strategy is to su partnerships to move the operations of Niagara District 15, 2002 }strict Airport cost of a joint study, Airport Roles and ~gic and Operating Plan for the Niagara aformed that the Region of Niagara had ,velopment and implementation of a .egion. As part of this initiative, it was pitalize on the existing Niagara District mcil passed a resolution (copy attached) 'ook at better utilizing air links available 'he Niagara District Airporf'. a COnduct two studies, concurrently. One ad estimate the potential market for each [etermined based on the potential of each reas. The study will provide infonuation :ed services. [rategic and Operating Business Plan to d provide development, operational and rport's potential for building Niagara's port the creation of a business plan and Jrport toward self-sufficiency. July 15, 2002 - 2 - CAO-2002-05 The Terms of Reference were submitted to various consulting finns for tender. As a result, three finns were short-listed and invited to submit bids. Marshall Macklin Monaghan was selected as the consulting finn to conduct these studies, from the three firms that bid, The fee for the project is $97,000 plus GST. The Region has agreed to pay 50% of the cost with tho balance being shared proportionately by the municipalities who currently fund the Niagara District Airport-St. Catharines, Thorold, Niagara-on-the-Lake and Niagara Falls. The City's portion ofthis cost would be approximately $16,000. Respectfully Submitted: John MacDonald Chief Admlnistmtive Officer JM:kk Attachment The City of Nia , Ontario Council Cham] No. 02 Moved by Alderman PIETRANGELO Seconded by Alderman FEREN WHEREAS the Regional Municipality Committee to oversee the development and implement~ strategy for the Niagara Region; AND WHEREAS the Steering Committee transportation modes and systems including: auto, truck bicycle; AND WHEREAS most of the media attention st discussion during the public forums has have focused ex~ AND WHEREAS there is a significant opportu air links especially with the presence of the Niagara DJ Lake; AND WHEREAS the Niagara District Airpot )ers January 15, 2001 of Niagara has established a Steering ~tion of a comprehensive transportation is mandated to investigate various transit, rail, air, marine, pedestrian and a'roundin g the transportation strategy and :lusively on the issue of vehicular traffic; nity to capitalize on the Region's existing strict Airport located in Niagara-on-the- has potential to expand its facilities; -2- WHEREAS the Niagara District Airport would not compete with commercial air traffic so close to Toronto, Hamilton and Buffalo, it could be better utilized by bringing in more tourist charter services to the Niagara Region and expanding its current cargo services; AND WHEREAS an increase in traffic at the Niagara District Airport would create economic benefits throughout the entire Niagara Region; WHEREAS any expansion of the Niagara District Airport Services would require the financial support of the private and public sectors; THEREFORE BE IT RESOLVED that the Regional Municipality of Niagara conduct a study to look at better utilizing air links available in the Region and the feasibility of increased services at the Niagara District Airport; AND the Seal of the Corporation be hereto affixed. Carded Unanimously E.C. WAGG WAYNE THOMSON CITY CLERK MAYOR The City of Niagara Falls~ Canada Corporate Services Department Clerk's Division 4310 Queen Street P.O. Box 1023 Niagara Fails, ON L2E 6X5 web site: www.city.niagarafalison,ca Tel: (905) 356-7521 Fax: (905) 356-9083 E-mail: diorflda~city.niagarafalls.on,c~ His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: July Re: CD-2002 -18 - Special Oc RECOMMENDATIONS: That Council indicate that it has no objection to the issua organization listed in this report. BACKGROUND: Correspondence has been submitted by the following org approved by the Parks, Recreation & Culture; Building Council's concurrence with the recommendation is reque CD-2002-18 Dean Iorfida City Clerk [5,2002 · ~asion Permit ace of a Special Occasion Permit to the anization and has been reviewed and By-law Services; and Fire Services. ited. First Niagara Oldtimers First Niagara Oldtimers 3-Pitch Tournament Baseball Tournament 9-11,2002 Palmer Park 5 - 8, 2002 Oakes Park Recommended by:, Dean IOrfi~ City Clerk Approye~d by: - Tony Ravenda Executive Director of Corporate Services DI:lw Respectfully submitted: John MacDonald Chief Administrative Officer The City of Niagara FallsI Canada Corporate Services Department Legal Services 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city,niagarafalls,on.ca Tel: (905) 356-7521 Fax: (905) 371-2892 E-maih rkallio @city.niag arafalls,on,ca July His Worship Mayor Wayne Thomson and Members of Municipal Council, City of Niagara Falls, Ontario Members: L-2002-32 Canadian Niagara Clifton Hill and Fa Our File No. 98ST] RECOMMENDATION: That Canadian Niagara Hotels be permitted to encroach . Reference Plan No. 59R- 11762 for the purposes of a prop, the minimum clearance of the canopy sign fi:om the travell~ metres measured vertically fi:om the travelled portion agreement be entered into to permit all approved encroac Clifton Hill and Falls Avenue. BACKGROUND: Council has at various times approved a number of encroac as part of the re-development by Canadian Niagara Hotels: as Sheraton on the Falls. The re-development is nearly completed. A further encrc overhead canopy sign over Falls Avenue as shown as P~ attached to this report and attached as Appendices "1" ~ interfere with the vehicular or pedestrian traffic and will h five metres. The proposed canopy sign would be require~ failing which a minor variance from the Sign By-law wot Working Together to Serve O~ Clerk's Finance · Human Resources . Information Syst R.O. Kallio City Solicitor L-2002-32 .5, 2002 Hotels Encroachment Agreement Ils Avenue d129.206 n part of Falls Avenue shown as Part 5, ~sed overhead canopy sign provided that :d portion of the street is no less than five ~f the street and that an encroachment brnents for Canadian Niagara Hotels on hments on Falls Avenue and Clifton Hill )r the former Foxhead Hotel, now known tchment is required to permit a proposed .rt 5 on Reference Plan No. 59R-11762 [nd "2". This encroachment will not ave a clearance from the street of at least to comply with the City's Sign By-law; Id be required. r Communi~ ~rns · Legal Planning & Development July 15, 2002 -2- L-2002-32 The Encroachment Agreement is the standard agreement used by the City dealing with encroachments and provides that for receiving approval to maintain the encroaclunents for nominal consideration, the applicant will provide the necessary insurance, pay the costs of the survey, as well as, the costs of preparation of this encroachment agreement. Staffhas reviewed the proposed encroachment over Part 5 and has no objections. ~by: City Solicitor Respectfully Submitted: John MacDonald Chief Administrative Officer Approved by: T. Ravenda Executive Director of Corporate Services ROK:jm · ~ , ~1.I~111~ ~l.~m.~m~.~ P-~'. !1~1~ m~.~l.~ ~ffol~3- ~ APPENDIX "~_" i The City of Niagara Falls Canada Corporate Services Department Legal Services 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www,city,niagarafalls,on,ca Tel: (905) 356-7521 Fax: (905) 371-2892 E-mail: rkallio@ city.niag arafalls.on,ca His Worship Mayor Wayne Thomson and Members of Municipal Council, City of Niagara Falls, Ontario Members: L-2002-34 Relocation of Hydro Ease .Bell Mobility to lands wh~ is an existing City Easem~ Our File No. 2002-179 RECOMMENDATION: That consent to relocating an existing underground 6 to Part 5 on the draft Reference Plan, which authorized and approved. BACKGROUND: The lands shown as Parts 1, 5 and 6 on the draft Refer. (Niagara) Limited. Bell Mobility has an existing easeme] 1. Bell Mobility's hydro easement is located on Part 6 betwe~ Flexo Products (Niagara) Limited wish to join together. The former Township of Stamford received an easement, of Niagara Falls has an existing 20 feet wide sewer and wz to the north limiL Bell Mobility must relocate its hydro Flexo Products (Niagara) Limited to proceed with its con (Niagara) Limited would like to obtain Council's consen Working Together to Serve OJ Clerk's · Finance * Humaa Resources · Information Sys R.O. Kallio City Solicitor L-2002- 34 July 15, 2002 rnent for ~re there at hydro service for Bell Mobility fi.om Part is attached as Schedule "A" hereto, is race Plan are owned by Flexo Products for its tower compound located on Part two existing buildings which buildings in 1963 and The Corporation of the City ter main easement located on Part 5 close easement from Part 6 to Part 5 to permit ;truction renovations and Flexo Products :to allow the relocation~ ir Community ems · Legal Planning & Development Staff has no objection to Bell Mobility relocating an underground hydro service from Part 6 to Part 5, provided that the service is relocated no further than 0.3 metres from the south boundary of Part 5. Prepared by.: Law Clerk Approved by: Tony Ravenda Executive Director of Corporate Services d by: City Solicitor Respectfully Submitted: ,~ John MacDonald Chief Administrative Officer BELL MOBIUTY SITE P,a, RT CF LOT 45 ~;~oG~,-~c TO~',,I~II~ ~" ~ NOW IN ~E ~ ~ F~I~ RE~ ~ ~ ~ MORRISON STREET BLOCK "E" I' J'I11-tlER & GILMORE SURVEYING LTD. The City of NiagaralFails, Ontario No. Moved by Alderman Seconded by Alderman WHEREAS the Provincial government int~ Program earlier this year; and ' WI~.REAS the program creates a partne~ replacing and refurbishing existing transit fleets; an( W-F~.REAS Niagara Transit requires a bus r, and . .WI..~...REAS the Corporation of the City of Nia[ and refurbishment costs under the ontario Transit NOW THEREFORE BE IT RESOLVED THAT pu Program, the Council of the Corporation of the City o! of renewal funds for conventional transit vehicles in AND The Seal of the Corporation be hereto affixed. DEAN IORFIDA cITY CLERK July 15, 2002 ~duced the Ontario Transit Renewal ship that will assist municipalities in dacement program for its aging fleet; ~ra Falls is entitled to 1/3 of replacement .enewal Program. quant to the Ontario Transit Renewal Niagara Falls hereby requests payment he amount of $28,813.00. WAYNE THOMSON MAYOR The City of Niagara Council Chart. No. Moved by Alderman Seconded by Alderman WHEREAS the Provincial government intt Program earlier this year; and WI~REAS the program creates a partner replacing and refurbishing existing transit fleets; an, WITEREAS Niagara Transit requires a bus.r and WHEREAS the Corporation of the City of Nia and refurbishment costs under the Ontario Transit NOW THEREFORE BE IT RESOLVED THAT p~ Program, the Council of the Corporation of the City o of renewal funds for transit vehicles for physical $23,761.92. AND The Seal of the Corporation be hereto affixed. DEAN IORFIDA CITY CLERK Falls, Ontario .bers July 15, 2002 oduced the Ontario Transit Renewal ship that will assist municipalities in dacement program for its aging fleet; ,~ara Falls is entitled to Va of replacement teneWal Program. rsuant to the Ontario Transit Renewal ~Niagara Falls hereby reqUests payment iy disabled persons in the amount of WAYNE THOMSON MAYOR