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2002/08/12PLANNING/COUNCIL MEETING Monday, August 12, 2002 Order of Business and Agenda Package PLANNING MEETING August 12, 2002 PRAYER: Alderman Judy Orr DISCLOSURES OF PECUNIARY INTEREST Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. PRESENTATIONS Municipal Senior of the Year A presentation for Municipal Senior of the Year, in recognition of an individual who has enriched the social, cultural or civic life of the community, will be made to Mr. Joseph Montgomery. Coronation 50 Plus Recreation Centre Ms Hanya Goforth, will be introduced to members of Council, as the new Seniors Coordinator for the Coronation 50 Plus Recreation Centre. DEPUTATIONS Mr. Jay Cochrane, Skywalker, will present a cheque to Mr. Flory Massi of Tender Wishes. Mr. Cochrane had raised the monies during his skywalks at Canadian Niagara Hotels this summer. -2- YMCA, Niagara Mr. Jim Inman, Chair of the YMCA, Niagara and Mr. Stephen Butz, CEO, YMCA, Niagara will provide Council with an update on their activities and present the City with a cheque. Understanding the Early Years Ms. Susan Reid, Commissioner, Community Services Department, Regional Niagara and Dr. Robin C. Williams, Medical Officer of Health wish to provide further information on the "Understanding the Early Years" initiative. Report CAO-2002-06 - Chief Administrative Officer - Re: Drinking Water Quality. ITEM NO. 31 ITEM NO. 32 PLANNING MATTERS Public Meeting Zoning By-law Amendment Application AM-26/2002, 4286 & 4292 Ferguson Street Applicant: Robert James Craig Proposed Cottage Rental Dwellings Background Material: Report PD-2002-73 Public Meeting Zoning By-law Amendment Application AM-28/2002, 5685 Ferry Street & 5660 Spring Street Applicant: John Pinter Agent: Michael Allen Proposed Motel Conversion Background Material: Report PD-2002-74 - AND - Correspondence from Alan Cupolo Correspondence from Regional Niagara, Public Works Dept. -3- ITEM NO. 33 Public Meeting Zoning By-law Amendment Application AM-24/2002, Bridgewater Street and Main Street Applicant: K. Dianne Chopp Proposed Bed & Breakfast Accommodation Background Material: Report PD-2002-75 ITEM NO. 34 Public Meeting Zoning & Official Plan Amendment Application AM-01/99, Heartland Forest Background Material: Report PD-2002-77 - AND - Correspondence from Jeffrey J. Wilker, Thomson,Rogers ITEM NO. 35 Public Meeting Official Plan & Zoning By-law Amendment Application AM-24/2001, 5200 Robinson Street Applicant: 656508 Ontario Limited Agent: Donald F. May, Consulting Planner Proposed Skylon Hotels Background Material: Report PD-2002-78 - AND - Correspondence from the Niagara Parks Commission Correspondence from Mr. Donald May MISCELLANEOUS PLANNING MATTERS Chief Administrative Officer PD-2002-83, Zoning By-law Amendment Application; AM-02/2002, 5509 Ferry Street; Proposed Expansion to the King's Inn. Chief Administrative Officer PD-2002-79, Request for Extension to Draft Plan Approval; Parkway Acres, 26T- 87010; Owners: Radojcic/Radulolovich. -4- Chief Administrative Officer PD-2002-80, The Promenade Draft Plan of Condominium; 3300 Montrose Road; Owner: Klein Developments Limited. Chief Administrative Officer PD-2002-81, Request for Removal of Part Lot Control, Oakwood Drive, North of McLeod Road, Lots 14-19, Maryban Holdings & Commend Health Care Group. Chief Administrative Officer (HANDOUT)PD-2002-82, Recommendation Report Garner Estates Phase 4 Draft Plan of Subdivision; 26T-11- 2002-04 (Revised); Zoning By-law Amendment Application AM-27/2002; Owner: River Realty Development (1976) Inc. REGULAR COUNCIL ADOPTION OF MINUTES: Planning/Regular Council Minutes of July 15, 2002. MAYOR'S REPORTS, ANNOUNCEMENTS, REMARKS = = COMMUNICATIONS AND COMMENTS OF THE CITY CLERK The Royal Canadian Legion, Branch 51 - Re: Annual Parade - requesting permission to use the venue of Fairview Cemetery to hold their annual Parade to the Unknown Soldier at 10:30 a.m. on September 15, 2002. RECOMMENDATION: That the request be approved subject to established policy. The Royal Canadian Legion, Branches No. 51,396 and 479 - Re: Proclamation - requesting that the week of September 15 - 21, 2002 be proclaimed as "Legion Week". RECOMMENDATION: That the request be approved. The British Methodist Episcopal Church of Canada - Re: House at 6071 Stanley Avenue - requesting that the house at 6071 Stanley Avenue be saved from demolition and that it be moved to another site and used as a history of Niagara Centre. RECOMMENDATION: Refer to staff. -5- Ministry of Public Safety and Security - Re: Community Emergency Management Coordinator - requesting that the Municipality designate someone as the Community Emergency Management Coordinator. RECOMMENDATION: That Chief Patrick Burke be appointed as the Municipality's Community Emergency Management Coordinator. Additional 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) PARKS, RECREATION & CULTURE MATTERS 1. Chair, Civic Committee R-2002-47, City Centennial Celebration RATIFICATION OF MUNICIPAL PARKING & TRAFFIC COMMITTEE ACTIONS (Alderman Kim Craitor, Chair) 1. Chairperson, Municipal Parking & Traffic Committee FIRE SERVICES MATTERS 1. Chief Administrative Officer ADMINISTRATION MATTERS 1. Chief Administrative Officer MW-2002-107, Municipal Parking & Traffic Committee Recommendations - July 30, 2002 Meeting. FS-2002-13, Purchase for fire Department Small Fleet; Two 4-Wheel Drive Command Vehicles and One Fire Prevention Vehicle; Tender #12- 2002. PMP-2002-02, People Mover Project; Stated Preference Survey. MISCELLANEOUS MATTERS 1. Chief Administrative Officer 2. Chief Administrative Officer 3. Chief Administrative Officer 4. Chief Administrative Officer 5. Chief Administrative Officer 6. Chief Administrative Officer -6- (HANDOUT) 2002-35, Lands Northwest Quadrant of Stanley Avenue - ingress and egress access. L-2002-37, Consent for Application to Amend the Register to Clear Cloud on Title; 4480 Bridge Street. L-2002-38, Release of Site Plan Agreements; 6393 & 6400 Huggins Street. L-2002-39, Release of Site Plan Agreement; 8625 Lundy's Lane - KOA Limited. L-2002-40, Dedication of Public Highway; Part 7 on Draft Reference Plan as Beechwood Road. L-2002-41, Establishment of Public Highway; Parts 7, 35 and 36 on 59R-11579 as part of Domenic Crescent. RESOLUTIONS Be it Resolved that Niagara Falls City Council support the fundraising efforts of the Niagara Falls Fire Fighters during this year's Boot Drive at Five Comers; and Further be it Resolved that the Niagara Falls Fire Fighters exercise discretion and inform the vehicular public that donations are strictly voluntary; and Further be it Resolved that the Niagara Regional Police exercise discretion in enforcing the Safe Streets Act. That the Council of the Corporation of the City of Niagara Falls hereby determines, in accordance with Section 34(17) of the Planning Act, R.S.O., that the changes to the proposed zoning by-law for Application AM-02/2002 (King's Inn Motor Lodge (Niagara) Limited, regarding a proposed expansion to the King's Inn at 5509 Ferry Street) are minor in nature and do not require any further notice. RATIFICATION OF COMMITTEE-OF-THE-WHOLE ACTIONS -?- The City Clerk will advise of any additional by-laws or amendments to the by- laws listed for Council consideration. BY-LAWS 2002-138 To establish part 7 on a draft Reference Plan, as a public highway, to be known as and to form part of Beechwood Road, 2002-139 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. 2002-140 To amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads (Parking Prohibited, Stop Signs) 2002-141 To provide for the adoption of an amendment to the City of Niagara Falls Official Plan. 2002-142 To establish Parts 7, 35 and 36 on Plan 59R-11579, as a public highway, to be known as and to form part of Domenic Crescent. 2002-143 To amend By-law No. 79-200, as amended. (Re: AM-02/2002, King's Inn Motor Lodge (Niagara) Ltd. 2002-144 To amend By-law No. 79-200, as amended (Re: AM-19/2002, Christopher Johns) 2002-145 To authorize monies for General Purposes (August 12, 2002) 2002-146 To amend By-law No. 2002-104, as amended, being a by-law to set and levy the rates of taxation for City purposes, for Regional purposes, and for Education purposes for the year 2002. 2002-147 To adopt, ratify and confirm the actions of City Council at its meeting held on the 12th day of August, 2002. NEW BUSINESS NIA~A COMMUNITY SERVICES DEPARTMENT OFFICE OF THE COMMISSIONER The Regional MunicipaliW of Niagara 3340 Schrnon Pkwy., P.O. Box 344 Thorold, Ontario L2V 3Z3 Telaphone: (905)984-3700 Fax: (905)641-2729 www.regional.niagara.on.ca July 12, 2002 Mayor Wayne Thomson and Council City of Niagara Fails 4310 Queen Street Niagara Falls, ON L2E 6X5 Dear Mayor Thomson and Council: Over the past several years, Niagara has been on the forefront of Eady Years services for children from birth to six years of age. In 1998, Regional Chair Zimmerman provided leadership to our community by assuming the role of Chair of the newly formed Eady Years Action Group-Niagara Region. Recent research on the importance of the first six years of life as well as the oPening Of four new Ontario Eady Years Centres in April 2002 across all commumbes of N~agara, has heightened the awareness of the importance of the early years and the vital role' parents, government, and~",tbp-: community play in preparing our youngest citizens fOr the future. · The purpose of this correspondence is to introduce you to an equally exciting inffia~,~ happening m N~agara. Understanding the Early Years ,s a.Federal researcl~ project'"'in~ Niagara Falls, funded by Human Resources Developm~.nt-Canada. A Regional Committee Report (COM-77-2001) entitled Understanding the Early "Years Research, (UEY) provided some details about this impbrtant national and local' research and is attached for your information. This research will soon be extended across the entir~J Niagara Region through the Provincial Eady Years initiative. The purpose of the research is to answer the question "How are our children doing now?" before we know how to help them do better in the future. UEY is providing answers to this question so that communities and governments can develop policies, programs, and services that best promote the well being of children in our community.' The research project involves three key components: an Eady Development Instrument (EDI) measuring a child's readiness to learn at school, a parent survey as part of the National Longitudinal Study of Children and Youth, and a Community Mapping component. We believe the Community Mapping component of the research is of particular interest to you and your Council. It is derived from a neighbourhood environment scale which looks pLAI,,INING MEETtN '~ -Paee 2 - at factors such as the amount of green space, adequate street lighting and the condition of parks and play areas. Community mapping will show what and where resources for children and families exist using census data and two new data bases, neighbourhood observations as well as a survey and inventory of programs for families and young children. This information will assist the community to plan, prioritize and allocate resources in the most effective manner for young children and their families. The information collected will not only tell us more about what is working and what is .not, but it will also give some indication as to why services and neighbourhood supports work the way they do. The Understanding the Early Years reseamh provides evidence that communities can use to identify needs for local activities and services supporting families with children. Results will provide information about the strengths and needs of communities across Canada with different economic, social and physical characteristics and how governments and communities can help children become ready to learn. Now that Niagara Falls is neadng completion of the neighbourhood observation component of the research, the remaining communities throughout Niagara will become involved with the community mapping module. The information gained from the neighbourhood observation will be invaluable in determining where future services such as parks, libraries, and child care centres for example, might be located optimally. The work in' this area is in keeping with the Smarter Niagara initiative in building healthy communities for all Niagara's citizens. We would like to request the opportunity to meet with you and your Council to share further information about this exciting initiative and respond to any questions you may have. Please contact us at 905-984-3700 to determine a convenient meeting time. We look forward to contributing to Niagara being the best place to live, work and play and welcome your input regarding this exciting direction! Yours truly, Drl Robin C. Williams, Medical Officer of Health, MD, DPH, FRCPC Community Services Department cc: Debbie Zimmerman, Regional Chair Jill Hildreth, Chair Community Health Services Committee Enclosure Community Services The Regional Municipality of Niagara Regional NIAGARA COM 77-2001 October 15, 2001 REPORT TO: SUBJECT: Chair and Members of the Community and Health Services COmmittee Understanding the Early Years Research RECOMMENDATION That this Committee recommend to Regional Council: That this report be received for information. PURPOSE The purpose of this report is to inform Committee and Council of an important National and Local research initiative involving Understanding the Eady Years. HIGHLIGHTS · Niagara Falls was selected as one of twelve communities nationwide to participate in this study entitled "Understanding the Early Years" (UEY) · The study will help communities underStand about the strengths and needs of communities with different economic, social and physical characteristics across Canada, and how we can work together to improve children's outcomes. · The research project is sponsored by +~'" r-~.,., v .... ^-,.'-- ,-, ........... and involves many key partners including: the Region's Community SerVices and Public Health Departments, the District School Board of Niagara, the Niagara Catholic District School Board, the Early Childhood Community Development Centre, Human Resources Development Canada, and Statistics Canada. · T~e Research Project involves three key components: an Early Development Instrument measuring a child's readiness to learn at school, the National Longitudinal Study of Children and Youth (NLSCY), and a Community Mapping Component. BACKGROUND Understanding the Early Years is a national research initiative that involves teachers, parents and community agencies, as well as Canada's leading child development COM 77-2001 October 15, 2001 Page 2 researchers in improving the well-being of children between the ages of 0 and 6. The Understanding the Early Years, which is federally funded)provides research evidence that communities can use to identify needs for local activities and services supporting families with children. As a community participating in the Understanding the Early Years research, Niagara will contribute to valuable lessons that will be learned about the strengths and needs of communities across Canada with different economic, social and physical characteristics and how govemments and communities can help children become ready to learn. REPORT Niagara Falls was one of twelve communities across Canada that was selected as a site for the Understanding the Eady Years research project. The goal of the project is to provide information about the developmental outcomes of kindergarten age children and the factors that influence these outcomes. Niagara Falls was selected as it is representative of other municipalities in Niagara having a rural/urban mix and its population and geographic size is conducive to study. As well, the significant economic growth in Niagara Falls tourism industry should strengthen opportunities for business partnership investment to support implementation strategies based on research findings. The primary partners in the Project include the District School Board of Niagara, the Niagara Catholic District School Board, the Region's Community Services and Public Health Departments, and the Eady Childhood Community Development Centre (a Resource Centre funded by the Region). A Steering Committee has been established to guide the project and includes the primary partners as well as broader representation. Additionally, the Region's Public Works Department, Transportation Division has been very supportive in providing the necessary information for the creation of the initial community map. There are three components to the research and are as follows: 1. Early Development Instrument (EDI) The EDI is a teacher checklist that collects information on senior kindergarten children which measures a child's readiness to learn in school. It is a group measure and is not a diagnostic tool for individual children. Rather, it provides a picture of the community to help assess supports for young children and families and to assist in monitoring chanties. Kindergarten teachers completed the EDI for over 900 children in Niagara Falls in both school boards in early 2001. COM 77-2001 October 15, 2001 Page 3 2. National Longitudinal Survey of Children and Youth This a long-term ground-breaking survey conducted by Human Resources Development Canada and Statistics Canada to monitor the development and well- being of Canada's children as they grow from infancy to adulthood. Questions are designed to gather infom~ation about interactions that occur throughout a child's development and socialization, such as the impact of family, friends, socio- economics and the environment. In April 2001, parents of senior kindergarten children in Niagara Falls were randomly selected to take part in a telephone interview with Statistics Canada. 3. Community Mapping This component of the research is currently underway in Niagara Falls. Information is being gathered in three areas: · Physical and socio-economic characteristics of the neighbourhoods in which children live · The kinds of programs and services available to young children and their parents · The location of programs and services in relation to where children live Additionally, a neighbourhood environment scale is being conducted which will look at factors such as the amount of green space, adequate street lighting and the condition of parks and play areas. Community mapping will show what and where resources for children and families exist using census data and two new data bases, observational neighbourhood ratings and an inventory and survey of parents of programs for families and young children. This information will assist the community to plan, prioritize and allocate resources in the most effective manner for young children and their families. Statistics Canada is examining factors affecting child development and well being and how they influence child outcomes in Cana. da. Final results for the local and national ' research will be released ir~ the Spring of 2002. Because of the importance on the capacity to inform decision ,making related to d.evelopment of services and funding, financial support has been provided to broaden the research to include all municipalities across Niagara. The Eady Years Steedng Committee through Provincial Challenge funds are contributing $104,000 and the Community Services Department is contributing $52,000 from Previously committed Eady Years funding through National Child Benefit savings from 2000. This research project is instrumental in supporting Council's Business Plan of "Building Healthy Communities" as well as aligning with the Region's Smart Growth initiative. It is believed that the results of the Understanding the Eady Years Research will be a catalyst for ensuring that all communities across Niagara will have what it takes to COM 77-2001 October 15, 2001 Page 4 make certain that families and children have the best start possible to ensuring healthy productive citizens of Niagara. SUMMARY The Understanding the Eady Years Research Project will build community understanding and support for ensuring Niagara families have what it takes to build strong healthy communities. A knowledge action plan based on research findings will complete the cycle of the research project and help to ensure that supports for eady childhood development and families are in place. Equally important is the contribution Niagara is making to National research, which will ultimately benefit our country and citizens. submitted by: Approved by: Susag R. Reid, Commis~oner Community Services Department This report was prepared by Patdcia Heidebrecht-Golian, Director, Children's Services Division and Karen Chudzik, Director Population Health Division'. (~l~i~f ~ministratiu~ (9{firrc August 12, 2002 His Worship Mayor Wayne Thomson and Members of Municipal Council City of Niagara Falls, Ontario Members: re: CAO-2002-06 - Drinking Water Quality RECOMMENDATION: This report is provided for the information of Council, in response to an article which appeared in The Review dated Tuesday, August 6, 2002. BACKGROUND: On Thursday, August 1,2002, Alderman Ioannoni requested City staffto conduct a water quality test at her residence. The prelim'mary test became available Friday, August 2, 2002. The initial test showed a reading of Total Coliform of"l" and Fecal Coliform "1". Alderman Ioannoni was legitimately concerned about the result; however, was infomied by staffthat it is not uncommon to get a result of this nature and it is important to retest the water to confirm whether or not there is a problem. Frank Galella informed Alderman Ioannoni that tests are conducted about 35 to 40 times per week at various locations throughout the City and while occasionally a reading, like the one received at Alderman Ioannoni's home, may be encountered, upon retesting we have never had an adverse report in the Niagara area which has been confirmed as positive. In spite of this information, Alderman Ioannoni felt it was necessary for her to notify her neighbours and contact the media to share this information. Unfortunately, The Review reported that the initial test at Aldem~an Ioaunoni's residence tested "positive for a small amount ofE. Coli". There was no trace ofE Coli in the initial test or any of the follow-up retests. August 12, 2002 - 2 - CAO-2002-06 City staff immediately followed the procedure as outlined in the Ontario Drinking Water Standards (ODWS) produced by the Ministry of the Environment (MOE) Spills Action Centre and the local Medical Officer of Health. Resampling the water was initiated under the guidance of the MOE. The initial results of the resampling were available within 24 hours of testing and confimied Total Coliform of 0 and Fecal Colifomx 0. At 48 hours, the second results were reported by the lab which also reported 0 in each of the categories. This information was shared with Alderman Ioannoni on Sunday, August 4, 2002. In discussions with representatives of the Depadment of Health, it was clarified that due to the high free chlorine residue at the time of the initial sampling, it was unlikely that the total fecal colifomi was accurate as the chlorine would normally counteract such a reading. Alderman Ioannoni and at least two of her neighbours have suggested that the City should have advised the public immediately after the first test. This suggestion is not supported by the Department of Health, the MOE or City staff. As reported in the ODWS produced by the MOE a single sampling is of limited value. This is due to the possibility ofhnman error and environmental conditions. Therefore, it is necessary that a repeat sampling be perfomied, in order to get an adequate picture of the conditions of the water supply system. It is staff's opinion that to unnecessarily alarm residents with a preliminary test or inconclusive test would be ill-advised and misleading. It should also be pointed out that the responsibility to publicly notify residents of a Boil Water Advisory rests with the Depaxhnent of Health and not the City of Niagara Falls. See attached Technical Brief, August 2000. We would like to assure Council and the public that the City takes very seriously its role in maintaining safe water quality. This responsibility is shared by the MOE and the Department of Health who work very closely in terms of monitoring and testing. The procedure that is followed by the City in its testing/sampling our water is a result of the guidelines set by the MOE and are attached for your information. The quality of the water in Niagara Falls meets or exceeds the standards set by the Province. The testing provided by the City meets or exceeds the standards set by the Province. In January of this year, the City was audited by the MOE for its water sampling and reporting procedure. In acknowledgement of the new Standards provided by the Province, it was necessary for the City to add chlorine boosters to the system. The purpose of this is to ensure safe drinking water. The negative side of adding the chlorine boosters to the system is the smell of the water which some people dislike. Respect.fully subm~ed: / al Chief Administrative Officer JM:kk Attachments - 2 RSCOUNCIL~2002 Reports~CAO-2002-06 - Drinking Wate~ Quality. wpd Ontario Au,qust 2000 Notification Requirements All laboratories and waterworks owners rl?ust notify the local Medical Officer of Health and the Ministr~ of the Environment immediate. ~y about an~' sample from a water distribution s~fstem or any sample of treated water that exceeds the Maximum Acceptable Concentration or Interim Maximum Acceptable Concentration of a parameter or indi- cates an adverse water quality condition. Notification procedures related to the new Ontario Drinking Water Standards have been clarified in the new Drinking Water Protection Regulation. Notification must be given immediately when analysis of a water sample from a water distribution system or a sample of treated water shows that a parameter exceeds an Ontado Drinking Water Standard Maximum Acceptable Concentration (MAC) or Interim Maximum Acceptable Concentration (IMAC) as identified in the regulation or a certificate of approval. Notification must also be given when analysis of a drinking water sample indicates adverse water quality as described in the regulation. Who is affected? Owners and operators of waterworks defined in the regulation Laboratories that perform analysis on drinking water What are the new ,p~ir. requirements in the regulation? Laboratories must immediately notify the water- works owner, the local Medical Officer of Health and the MOE through its Spills Action Centre, which operates 24 hours a day, seven days a week, upon determining that a laboratory analy- sis of a water sample shows that a parameter exceeds its MAC or IMAC or indicates an adverse water quality condition. In addition, the waterworks owner/operator must immediately notify the local Medical Officer of Health and the MOE Spills Action Centre when they become aware of a MAC or IMAC exceedence or an adverse water quality condition. As well as an immediate verbal notification, which must be made to a "live person," both the laboratory and the operator/owner must report in writing to the Medical Officer of Health and to the MOE within 24 hours, using a newly developed standard form. The regulation makes it clear what incidents require notification. The form is attached to this technical brief, and is also available on the ministry's Web site at www. ene.gov, on.ca. The ministry will work with the local Medical ofrmer of Health to resolve all incidents. The local Medical Officer of Health will determine th'6 senousnes~'if '~ch situation, decide whether ~dditional action is required, and take appropriate measures, including not~jing the public if necessary. ~ What i$ an indirmtor of adverse water quality?. The regulation clearly identifies indicators of adverse water quality and provides instructions on corrective actions for waterworks that require approval and for small waterworks, Examples include the presence of certain bacteria, detec- tion of pesticides, and elevated sodium concentrations. Ministry of the Environment I Technical Brier For further information contact your nearest Ministry of the Environment regional office: Central Region: Eastern Region: Northern Region: South Western Region: West Central Region: (416) 326-6700 (613) 549-4000 (807) 475-1205 (519) 873-5000 (905) 521-7640 There are 10 other "technical briefs" that discuss the requirements of the new regulation. They can be found on the ministry's Web site at www. ene.gov, on.ca. · Ontario Drinking Water Standards (ODWS) · Engineers' reports for waterworks · New sampling requirements for waterworks · Water sampling and testing for microbiologi- cal parameters · Licensing of staff conducting analytical tests at waterworks · Minimum treatment requirements · Laboratory accreditation requirements · Adverse drinking water quality - corrective actions · Posting a public notice · Waterworks' quarterly reports for consumers For additional copies contact: Public Information Centre Ministry of the Environment 135 St. Clair Avenue West Toronto ON M4V 1P5 Tel: (416) 325-4000 or toll free at 1-800-565-4923 Fax: (416) 325-3159 Ministry of the Environment PIBS: 3983E 08 - O0 2 © Queen's Pdnter fo~ Ontado. 2000 City of Niagara Falls Water Quality Sampling and Reporting Procedures Sampling: To meet the MOE standards, the City takes samples from a minimum of 85 sample sites, representing a cross section of the distribution system, each month. Samples are collected by members of staff certified by the MOE as Water Distribution System Operators and/or Water Quality Analyst. Tests to comply with the Regulation are for Microbiological (Bacteria) indication of adverse water quality. Drinking Water Microbiological Test. Escherichia Coli (E. Coli) Fecal Coliform Total Coliforms Background Colonies Additional Free Chlorine is required to be 0.05 mg/litre or higher. Standard 0 0 0 200 or less In addition to routine sampling water staff regularly responds to requests and concerns regarding water quality with the collection of water samples at points outside the routine locations. Samples collected are analysed and lab results are presented by City staffto those concerned. Corrective action: When indicators of adverse water quality occur, corrective measures are immediately undertaken. Resampling, including adjacent sites and/or fire hydrants is initiated, and where necessary flushing of watennains and increasing the chlorine dosages is carded out until water quality once again conforms to the Regulation. NotiFication: Adverse water quality occurrences are reported to the Ontario Ministry of Environment and the Medical Officer of Health. Notification, to these two agencies, of the adverse water situation and the remedial action being taken is a requirement of the Ontario Drinking Water regulations. Public notification, in the form of a water advisory or boil water order, are issued by the Medical Officer of Health. Public Reporting: To meet the requirements of the MOE regulations, the city produces quarterly water quality reports. The report includes the number of samples collected, the number of adverse water occurrences, as well as detailed analysis preformed as part of the treatment process but outside those Microbiological (Bacteria) indicators. The report is available to the general public on the City's web site and in hard copy at the service centre and the Engineering department. Copies of the report are sent to the MOE, and the Region of Niagara. History: The City of Niagara Falls and the Region of Niagara's water treatment and distribution has proven to be a reliable, safe source of drinking water. Adverse water reports have and continue to confirm that our testing, reporting and reactive procedures are timely and affective. Although sampling and lab analysis is carded out by qualified individuals, human error and environmental conditions are factors within the procedures. For this reason the Medical Officer of Health does not release public notification or action until any report is confirmed as positive by resampling. Steve Green of the MOE has stated that to date, no adverse report in the Niagara area has been confirmed as positive, warranting action or notice. R:~Mtulielpal Worka\Wat~' Qualiiy Sampling md Report~g ~.wpd The City of Ni(3goro Foils C(3nodo Corporate Services Department Planning & Development 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6×5 web site: vwvw.city.niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905) 356-2354 E-maih plan ning@city.niag arafalis.on.ca August 12, 2002 Doug Darbyson Director PD-2002-73 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD-2002-73, Zoning By-law Amendment Application AM-26/2002, 4286 & 4292 Ferguson Street Applicant: Robert James Craig Proposed cottage rental dwellings RECOMMENDATION: It is recommended that Council approve the Zoning By-law Amendment application to permit the dwellings located at 4286 and 4292 Ferguson Street to be used for the accommodation of tourists on a daily or weekly basis (cottage rental dwellings). PROPOSAL: Robert James Craig has requested an amendment to the Zoning By-law for the properties known as 4286 and 4292 Ferguson Street, as shown on Schedule 1. The amendment is requested to permit the dwellings located on each property to be used for daily or weekly tourist accommodation (cottage rental dwellings). Details are shown on Schedules 2 and 3. The properties are zoned Residential Single Family and Two Family (R2). Site specific zoning provisions are requested to be applied to the properties to permit the cottage rental dwelling use. SURROUNDING LAND USES: The lands to the east and north are zoned Tourist Commercial (TC) and are occupied by the Fireside Inn Motel and the Days Inn, respectively. Also located on the opposite (north) side of Ferguson Street is the off-site parking lot for the Fireside Inn. Lands to the south and west are occupied by residential land uses. CIRCULATION COMMENTS: Information regarding this application was circulated to City departments, agencies and the public for comments. No objections have been received. Working Together to Serve Our Community Clerk's · Finance · Human Resources . Information Systems · Legal Planning & Development August 12, 2002 - 2 - PD-2002-73 PLANNING REVIEW: The following is a summary of staff s assessment of the application. 1. The proposal complies with the intent and purpose of the Official Plan. The subject properties are designated Residential in the Official Plan. Lands designated Residential are to be used for a variety of housing uses. Ancillary uses are permitted under the Residential designation, without amendment to the Plan, that are compatible with the residential environment. The cottage rental dwellings are utilized for tourist accommodation within a residential area in houses intended to retain their residential character. Both properties are occupied by typical single detached dwellings found in the area. The houses are about 1,000 square feet to 1,200 square feet in floor area and have not been altered to make them appear to be anything but a single detached dwelling. Their function as a single detached dwelling will not change although the occupancy (by tourists) will change on a daily or weekly basis. As is shown on Schedule 1, the properties are in close proximity to River Road abutting lands to the east which are developed with hotels. This location, is readily accessible to tourist attractions and the residential lands to the west will experience little, if any, increase in traffic. Parking is to be accommodated on site with existing driveways. The dwellings are not to be increased in size and will, therefore, remain in character with the adjacent houses. Based on the above, the proposed cottage rental dwellings are within the intent and purpose of the Plan. 2. The proposed amendment is appropriate. The properties are currently zoned R2. The applicant is proposing to site specifically amend the R2 zoning for each property to add a "cottage rental dwelling" as a permitted use. A "cottage rental dwelling" will be a defined term within the amending by-law as the Zoning By-law does not define this use and to ensure that the properties are not used for boarding or rooming houses. 3. The proposed cottage dwellings will require annual licencing. The City Clerk has advised that the proposed cottage rental dwellings are considered tourist homes as defined in the Licencing by-laws. As such, the dwellings, will require an annual licence and inspections in order to operate. CONCLUSION: In conclusion the application can be recommended for approval for the following reasons: The proposed cottage rental dwellings are will maintain the character and identify of the neighbourhood. August 12, 2002 - 3 - · The houses will not be altered to accommodate the proposed use. · Traffic impacts will be negligible. · The proposal is within the intent and purpose of the Official Plan. · The proposed amendment is appropriate. The proposed cottage dwellings will require annual licencing. .,~l~amsley Planner 2 Recommended by: Doug Darbyson Director of Planning & Development Approved by: Tony Ravenda Executive Director of Corporate Services JB:gd Attach. S:XPDR~2002~PD2002-73, AM26-2002 Craig, FergusonSt.wpd PD-2002-73 Respectfully submitted: SCHEDULE 1 LOCATION MAP Subject Property Amending Zoning By-law No. 79-200 4286 & 4292 Ferguson Street AM-26/2002 Applicant: James Craig NT$ SCHEDULE2 0 JUN 2 4.201~ SCHEDULE 3 RECEIVED JUN 2 4 2~ffZ lOt = ~ C.~ The City of Niagara Falls Canada Corporate Services Department Planning & Development 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www,city.niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905) 356-2354 E-mail: planning@city.niagarafalls.on.ca August 12, 2002 Doug Darbyson Director PD-2002-74 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re-' PD-2002-74, Zoning By-law Amendment Application AM-28/2002, 5685 Ferry Street & 5660 Spring Street Applicant: John Pinter Agent: Michael Allen Proposed Motel Conversion RECOMMENDATION: It is recommended that Council approve the Zoning By-law amendment application to permit the conversion of the existing building at 5685 Ferny Street into a motel and the associated zone change fi.om R2 to P of the lands known as 5660 Spring Street to be used to supply a portion of the required parking for the motel. PROPOSAL: John Pinter has requested an amendment to the Zoning By-law for the lands known as 5685 Ferry Street and 5660 Spring Street, shown as Parcel 1 and Parcel 2, respectively, on Schedule 1. The amendment is requested to permit the conversion of the existing building on Parcel 1, formerly known as Mid-Town Bowling, into a 35-unit motel and to permit a portion of the required parking to be provided on Parcel 2. Details are shown on Schedule 2. Parcel 1 is currently zoned General Commercial (GC) and Parcel 2 is zoned Residential Single Family and Two FamilyDensity (R2). The applicant proposes a site specific amendment that would: Provide for an increase in the maximum building height for a motel, from 10 metres to 13.7 metres on Parcel 1. Provide for a decrease in the minimum interior side yard setback from 5.0 metres to 2.4 metres on Parcel 1. Change the zoning of Parcel 2 from R2 to Parking (P). Link Parcel 1 and Parcel 2 together by a common special provision, in order to permit a portion of the required parking to be provided on Parcel 2. Working Together to Serve Our Community Clerk's · Finance * Human Resources Information Systems · Legal Planning & Development August 12, 2002 - 2 - PD-2002-74 SURROUNDING LAND USES: General commercial and tourist commercial uses extend east and west from the site along Ferry Street. Some of these uses extend to the north, along Temperance Street and Gladstone Avenue towards Spring Street. Residential uses, typically single detached dwellings, are found along Spring Street and to the north on Temperance Avenue. The notable exception to this is the Royal Canadian Legion property directly opposite the site on Spring Street. CIRCULATION COMMENTS: Information regarding this application was circulated to City divisions, agencies and the public for comments. Municipal Works No objections. A stormwater management report will be required during site plan review. · Parks, Recreation & Culture No objections. Building & By-law Services Ontario Building Code concerns can be addressed at site plan approval. PLANNING REVIEW: The following is a summary of staff's assessment of the application: 1. The proposal complies with the intent and purpose of the Official Plan. The motel property (Parcel 1 on Schedule 1) is designated Tourist Commercial in the Official Plan. The property lies within the western end of the Clifton Hill subdistrict. With a building height of just under 50 feet (for three storeys), the proposal is well within the height strategy for the area of a maximum of 12 storeys. The plan considers Ferry Street to be both an Entry Corridor and a Retail Street. This is appropriate for this section of Ferry Street as it serves as an entry to the tourist core to the east and Lundy's Lane to the west. The street-front buildings contain uses typical of the pedestrian environment of a Retail Street. The proposal is a redevelopment of a commercial building (former bowling alley). The setback of the existing building is more typical of an automobile-orientated street, such as Lundy's Lane. However, the existing parking lot in front of the building has been redesigned with 10 feet of landscaping, including street trees along the property line. A further 10 feet of landscaping is provided within the right-of-way between the sidewalk and the property line. The parking lot provides space for 12 cars arranged within landscaped areas. Given this design, the proposal endeavours to reduce and soften the extent of asphalt parking area and to enhance the pedestrian realm across its frontage. This is in keeping with the Plan's policies for Entry Corridors. The rear lands (Parcel 2 on Schedule 1) are designated Residential in the Official Plan and are zoned R2 in the Zoning By-law. A portion of these lands has been used for parking for the former Mid-Town Bowling since about 1960. A review of records and maps appears to indicate that a dwelling on the westerly portion of the rear lands was demolished more August 12, 2002 - 3 - PD-2002-74 recently in order to expand the parking lot. Thus, part of the parking lot has legal non- conforming status whereas part does not. The Official Plan allows that boundaries between designations can be adjusted where they do not follow clearly defined physical features such as a street or hydro corridor. Since the parking lot has historically been used to serve the former bowling alley and there is no physical separation between the lands of the former bowling alley and the parking lot, the Tourist Commercial designation can be extended to include these lands without amendment. In order to reduce the potential impact on the residential properties on the south side of Spring Street, a 10 foot (3.05 metre) landscape strip is proposed along the frontage of Spring Street and a landscape buffer with wood fence is proposed along both the west and east lot lines. Parking for 21 cars is proposed which is less than the current situation. Lighting can be controlled by directional hoods andtimers. Traffic, although being more seasonal, should not increase. Details will be dealt with through a site plan agreement with the owner. 2. The proposed amendment is appropriate. As noted above, the lands are zoned G-C and R2. The proposed site specific GC zoning of Parcel 1 will recognize an interior side yard setback of the existing building and for the proposed increase in building height. The existing building has a setback of 8 feet from the R2 zoned lands to the north and west. A setback of 16.4 feet is required to be provided by the Zoning By-law. As the setback has existed in this manner for a considerable period of time, the relief sought is reasonable as a degree of compatibility with the surrounding lands has been achieved over time. The increase in building height to 50 feet for a roof structure is also reasonable given the 12 storey height limitation for the area under the Official Plan's height strategy. The change in zoning of Parcel 2 from R2 to a site specific P zoning will link Parcel 2 to Parcel 1 so that the parking on Parcel 2 can only be used to provide the required parking for Parcel 1. The P zoning of Parcel 2 will also provide for minimum landscaping requirements. The current parking lot has no landscaping whatsoever. The site plan, Schedule 2, illustrates that landscape improvements will be made which will include tree and shrub planting and fencing. The plan also shows that a 10-foot landscaping strip will be provided along Spring Street. It is recommended that this strip be widened to 15 feet which is the approximate depth of the front yards of the adjacent residential lands and that this provisions be included in the amending by-law. This will ensure a consistent depth ofgreenspace on Spring Street and will help to better screen the parking lot from the residential lands. A site plan agreement with the applicant will be required 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. Landscaping details, designed by a landscape architect, will be required of the parking areas. Municipal Works will require a stormwater management report from a civil engineer as stormwater will have to be detained on-site due to the lack of storm sewers in the area. It should be noted that the August 12, 2002 - 4 - PD-2002-74 landowner to the east has requested installation of an 8-foot fence along the mutual property line. No fencing is proposed in this area. The fencing, which will be included in the site plan agreement, should be negotiated by the applicant with this landowner in order to attain a mutually agreeable solution. CONCLUSION: In conclusion, the application can be supported for the following reasons: site. · The · The proposed amendment is appropriate. John l~amsley Planner 2 The proposal is within the intent and purpose of the Official Plan. The proposal satisfies the requirements for Entry Corridors and will revitalize an obsolescent The existing parking lots will be improved with landscape treatments. Recommended by: Doug Darbyson Director of Planning & Development Respectfully submitted: a ona, Chief Administrative Officer Approved by: Tony Ravenda Executive Director of Corporate Services JB:gd Attach. SSPDRX2002~PD2002-74, AM28-2002 Pinter, Ferry&Spring.wpd SCHEDULE 1 LOCATION MAP Subject Property Summer Street Spring Street Parcel 2 Parcel 1 Ferry Street Amending Zoning By-law No. 79-200 5685 Ferry Street Applicant: John Pinter AM-28/2002 1 :NTS RECEIVED AUG 0 7 2002 PLANNING & DEVELOPMENT Scanned NIAGarA July 24, 2002 PUBLIC WORKS DEPARTMENT OPERA TIONAL SUPPORT SERVICES The Regional Municipality of Niagara 2201 St. David's Road W., P.O. Box 1042 Thorold, Ontario L2V 4T7 Doug Darbyson Director of Planning and Development City of Niagara Falls Dear Mr. Darbyson: ,~ Planning REC'EIVED JUL 3 {} 2 32 PLANNING & DEVELOPMENT Zoning By-law Amendment Application Applicant: Unknown Proposal: To Permit the Conversion of the Existing Building (Formerly known as Mid- Town Bowling) into a 35-Unit Motel Location: Regional Road 20 (5685 Ferry Street) and 5660 Spring Street In the City of Niagara Falls Our File: D.10.020.2 0D#1457) Regional Niagara Public Works Department has no objection to the above-referenced Zoning By-law Amendment Application. The Region requests that the City place this property under Site Plan Control, at which time we can address Regional concerns pertaining to access, road widening, storm water flows, permits, etc. Yours truly, Development & Approvals Manager WJS/cm L:\Engineering-Planning-and-DevelopmentXDopke-Vic\Niagara Falls\CORRESPONDENCE 2002\7461.d.darbyson.city of niagara falls.doc c: Bryan McInnis, Supervisor of Permits Phone: (905) 685-1571 Fax: (905) 687-8056 1-800-263-7215 Website: www.regional.niagara.on,ca The City of Niagara Falls Canada Corporate Services Department Planning & Development 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905) 356-2354 E-mail: planning@city.niagarafalls.on.ca August 12, 2002 Doug Darbyson Director PD-2002-75 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD-2002-75, Zoning By-law Amendment Application AM-24/2002, Bridgewater Street and Main Street Applicant: K. Dianne Chopp Proposed Bed & Breakfast Accommodation RECOMMENDATION: It is recommended that: Council approve the Zoning By-law amendment application to permit a proposed dwelling to be used as a tourist home (bed and breakfast) containing not more than two rooms for tourists; and 2. the site specific provisions detailed in this report be incorporated in the amending by-law. PROPOSAL: The amendment is requested for the land known as Part of Lot D, Plan 251, further described as Part 1 of Plan 59R-11509, as shown on Schedule 1. The amendment is requested to permit a proposed dwelling to be used as a tourist home (bed and breakfas0 containing up to two bedrooms for tourists. Schedule 2 illustrates the details of the site. The land is currently zoned Single Family 1C Density (RI C). The zoning is requested to be amended site specifically to permit a dwelling on the land to be used as a tourist home containing up to two bedrooms for tourists. The subject property was created by consent in 2001 (B46/2000/NF). At that time, there was site specific zoning permitting a tourist home on the severed and retained parcel. A condition of the consent was that this site specific zoning be removed from the subject lands. This condition was fulfilled through the adoption of By-law No. 2001-170. Working Together to Serve Our Community Clerk's · Finance Human Resources · Information Systems · Legal Planning & Development August 12, 2002 - 2 - PD-2002-75 CIRCULATION COMMENTS: Information regarding this application was circulated to City departments, government agencies and the public for comment. The following is a summary of the comments that have been received to date: · Regional Planning and Development No objections. Niagara Parks Commission No concerns, provided vehicular access to the property is from Main Street only. · Parks, Recreation and Culture No objections. · Municipal Works There is sufficient right of way widths on Bridgewater Street and Main Street to service the City's future needs. Existing underground services and sidewalks are sufficient to service the proposal. The applicant is to pay the applicable development charges at the time of building permit issuance. PLANNING REVIEW: The following is a summary of staff's assessment of the application: 1. The proposal complies with the intent and purpose of the Official Plan The subject land is designated Residential in the Official Plan. Lands under this designation are intended to be predominantly used for dwelling units. However, a number of ancillary uses, including bed and breakfast accommodation, are permitted under the Residential designation. Bed and breakfast accommodations are permitted within owner-occupied homes provided they are considered to be compatible with the residential neighbourhood. Establishment of these facilities is to be regulated as to their location, size and traffic generation to minimize potential disturbances to adjacent properties and to protect the character and identity of the overall neighbourhood. The location of the proposed bed and breakfast is on the fringe of a residential neighbourhood along the Niagara Parkway. This allows easy access out to Niagara Parkway with minimal disruption to the residential neighbourhood. Furthermore, with only two bedrooms for tourists, traffic generation will be minimal. August 12, 2002 - 3 - PD-2002-75 The applicant is proposing to construct a two storey dwelling. Schedule 2 shows a revised drawing of the proposal. The proposal has been revised to show parking closer to the Niagara Parkway and an increased setback from the southwest lot line in order to minimize impacts on the adjoining residence. 2. The requested amendment is appropriate for the site. The property is zoned R1C as are the surrounding single detached residences. The applicant has requested site specific provisions to be added to the R1 C zoning to permit a two-room bed and breakfast. The amending by-law will add a tourist home as a permitted use and will restrict the tourist home to two moms. The proposal is showing no dwelling exists, a single car garage and two spaces side by side, which would be sufficient to serve the single family and tourist home uses and would allow unrestricted access to each parking space. Any signage would be subject to Niagara Parks Commission regulations. The property fronts onto Main Street. However, under the interpretation of the By-law 79- 200, the frontage would be the northeast lot line, as this is the shortest lot line on the comer lot. Access is permitted only from Main Street. Most of the dwellings on this street have frontage and generous setbacks from Main Street and Bridgewater Street. Therefore, it would be appropriate that the proposed tourist home have setbacks from Main Street and Bridgewater Street similar to those of a front yard and rear yard. It is recommended that the exterior side yard setback from Main Street be increased to 6 metres (20 feet) from 4.5 metres (15 feet). Additionally, there is a requirement for an additional setback from Main Street to accommodate a future road widening. As Municipal Works Section has indicated that there is sufficient road width to accommodate existing and future traffic, this requirement could be waived, permitting a 6 metre setback from the current Main Street right-of-way. It is recommended that the exterior side yard setback from Bridgewater Street be increased to 6.0 metres (20 feet) from 4.5 metres ( 15 feet). It should be noted that this would be a bit less than a normal rear yard setback of 7.5 metres (25 feet). However, due to the irregular shape of the lot, parts of the dwelling would be set back a greater distance than 7.5 metres, and ample amenity space would be provided. To accommodate the increased setbacks the front and rear yards should be decreased. The front yard setback should be decreased to 5.5 metres (18 feet) from 6 metres (20 feet). This setback would allow for three parking spaces (one in the garage and two next to the garage) with direct access to Main Street. The rear yard setback should be reduced to 3.0 metres (10 feet) from 7.5 metres (25 feet) in accordance with the proposal shown on Schedule 2. This setback would be greater than the standard side yard setback of 1.8 metres (6 feet). The above noted standards would encourage the development of the property in a manner consistent with the area. The proposal as shown would conform to these standards. Although the use was removed by By-law 2001-170 to prevent the as-of-right tourist home use from being transferred automatically to the new lot, the lot has sufficient size and is a good location for a tourist home. Staff have no concerns with permitting this use on the lands. August 12, 2002 - 4 - PD-2002-75 CONCLUSION: In conclusion, the application can be supported for the following reasons: · The proposal is within the intent and purpose of the Official Plan respecting bed and breakfasts; · The proposed site specific setback requirements would promote development consistent with the surrounding area; · There is sufficient lot area for parking and amenity space; and · The request to site specifically add a tourist home (bed and breakfast) with not more than two units, as a pemfitted use under the R1C zoning, is appropriate. Prepared by: Planner 2 Recommended by: Doug Darbyson Director of Planning & Development Approved by: Tony Ravenda Executive Director of Corporate Services Attach. S:~DRk2002kPD2002-75, AM24-2002 Bridgewater Street and Main Street.wpd Respectfully submitted: John M~ ~ ~ ~n~?~sa~dat iv e Officer SCHEDULE 1 LOCATION MAP Subject Property Amending Zoning By-law No. 79-200 Part of Lot "A" Plan 251, further described as Part 1 of Plan 59R-11509 Applicant: K. Dianne Chopp AM-24/2002 I:NTS KEY PLAN ~ LANDS CITY OF NIAGARA FALLS PART 2 AREA= 117ggsq,ft SCHEDULE 2 ~4.97' PART 1 AREA=7966sq.ft PORCH FIREPIT 139.94' "RESIDENTIAL" LINE BETWEEN LOT "A" AND J, CUMMINGS 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.niagarafalls.on.ca August 12, 2002 Doug Darbyson Director PD-2002-77 His Worship Mayor W. Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD-2002-77, Zoning & Official Plan Amendment Application AM-01/99 Heartland Forest RECOMMENDATION: It is recommended that Council: 1) 2) approve the Official policies on tonight's agenda pertaining to this application; and staff forward the necessary Official Plan Amendment document to the Region, the approval authority for this application. BACKGROUND: On August 13, 2001, Council approved in principle, the Official Plan amendment application for the Heartland Forest Resort Commercial Development. As outlined in the attached Staff Report PD- 2001-69 the approval in principle was subject to the inclusion of special policies in the amendment document to address matters outlined in the report. The purpose of this report is to outline to Council the key policy objectives of the Official Plan policies on tonight's agenda and the status of consensus reached on the amendment between Heartland Forest and Cytec. Information on the proposed development as well as it location can be found in StaffReport PD-2001-69 attached as Schedule 1. PLANNING ISSUES: Planning staff has had several discussions with the applicant's planner and solicitor concerning policies requiring further studies, timing matters, and environmental requirements. In addition, staff have held several discussions with Heartlands representatives and Cytec's solicitor concerning policies relating to Cytec's request for a separation distance and land use transition policy to protect its operation. Planning staff have drafted several Official Plan Policy versions for discussion purposes between the two parties. In light of the above, the following points are presented for Council's information: Wo~in0 Tooet~r to Serve Our Gomm~mJt$ August 12, 2002 - 2 - PD-2002-77 Distance Separation In commenting on the application Cytec's solicitor requested a distance separation of 2.0 km from the phosine tanks on the property with uses between this separation line and the Cytec propertybeing restricted to open space recreational type uses only. Cytec has generally concurred the 1.09 km separation distance from the eastern edge of the Garner Road allowance, along with the policies relating to a transition of land uses, would address this point. However, apparently Cytec's request for special policies on separation distance and restrictions on the location of certain land uses was made on the understanding there would be a private agreement between Heartland Forest and Cytec. Since the two parties have not come to terms on the private agreement, Cytec during the most recent meeting on this issue, has reserved its fight to appeal the application. Request for a Holding Zone In commenting on the most recent draft policies, Cytec's solicitor requested a policy requiring the use of a Holding "H" provision to regulate servicing and design criteria among other matters. While this approach was used for the Grand Niagara development, planning staff does not feel this approach is necessary for the Heartland Development. For Grand Niagara, the servicing strategy for the resort commercial component was not well defined. In addition, the Region had requested an air quality study to ensure impacts such as odour from neighbouring industries would not be an issue. Since the Official Plan and Zoning amendments were processed jointly for the Grand Niagara development a Holding "H" provision was requested by the Region to ensure these issues would be adequately addressed. In comparison, only the Official Plan amendment is being processed at this time for the Heartland Forest Development. Thus, there is still the opportunity to further address servicing details as part of the zoning process. In commenting on the Official Plan amendment, no agency requested the use of a holding "H" provision. Heartland Forest is also located in closer proximity to municipal services. Heartland Forest has also completed odour studies and the Official Plan policies for the proposed development allow for the request of updated odour and noise studies. Air QualityfRisk Assessment The Ministry of the Environment had requested a deferral of the Official Plan amendment application in order to collect and analyse data at the proposed property with respect to daily air emissions from Oxyvinyl (formerly Geon). The Ministry of the Environment has since commented, by means of the letter attached as Schedule 2, that air emissions are within acceptable levels. In this regard there is no need to include an air quality study as a policy requirement in the proposed OP amendment. Notwithstanding the foregoing Cytec has requested that an air quality study (risk assessment) be included as a requirement for the Heartland Forest development. Staff are of the opinion that risk assessment and air quality are quite different matters. The whole notion of risk management has been incorporated into the proposed OP amendment by virtue of providing buffers between heavy industrial operations and sensitive resort commercial type uses. The Official Plan specifically deals with a prescribed separation distance and a transition of land uses. The imposition of further risk assessment studies for purposes of establishing permitting land uses through zoning would undermine the already agreed to policies on separation distances and buffers. August 12, 2002 - 3 - PD-2002-77 CONCLUSION: Planning staffhas attempted to facilitate a consensus between Heartland Forest and Cytec on Official Plan policies for the proposed development. Heartland Forest is requesting Council to consider the policies through the public planning process. Cytec in discussions has reserved the right to appeal the application because its acceptance of the development has been based on the development of special Official Plan policies and the understanding of a private agreement between the parties, which has not materialized. Planning staff cannot deal with the private agreement aspect, but the proposed Official Plan policies deal with Cytec's stated original concerns through the public planning process. Prepared by: David Heyworth Planner 2 Recommended by: Director of Planning & Development Approved by: Tony Ravenda Executive Director of Corporate Services DH:ar Attach. Respectfully submitted: ~d~inistrative Officer SSPDRX2002~PD2002-77, Heartland Forest. wpd The City of Niagara Falls Canada Corporate Services Department Planning & Development 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www. city.niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905) 356-2354 E-mail: plannlng@city.nlagarafalls,on.ca SCHEDULE 1 Doug Darbyson Director PD-2001-69 August 13, 2001 His Worship Mayor W. Thomson and Members of the Municipal Council City of Niagara Fails, Ontario Members: Re; PD-2001-69, Official Plan Amendment AM-l/99 Heartland Forest Resort Commercial Development RECOMMENDATION: It is recommended the Council approve the Officiai Plan amendment, in principle, subject to the inclusion of special policies in the amendment document to address matters outlined in this report. The Proposal: An application has been received fi:om Heartland Forest Trinity Park Ministry to establish a large-scale resort commercial development on two parcels of land being approximately 263 acres in size. The subject parcels are divided by an unopened mad ailowance, owned by the City, which is aiso part of the application. The subject lands are situated on the west side of Kalar Road, south side of Brown Road, east of Garner Road as shown on the attached Schedule 1. Originally advertised, the resort proposed to include: a 300 room hotel; 350 cottage villas; 150 recreational vehicle lots (trailer park); 5,000 seat outdoor amphitheatre; a 500 seat indoor theatre; 36,000 sq. ft. meeting/conference facilities; a chapel for smail services; indoor water park; indoor, sports area; various recreational facilities including baseball diamonds, soccer fields, golf facilities, picnic area and nature trails; Main Street retail area; environmental interpretation centre; and walking trails. The application has been revised with a slight reduction in the number of accommodations for overnight visitors. A fact sheet outlining the proposed uses for the site is attached as Schedule 2. A preliminary site plan for the proposed development is attached as Schedule 3. The Requested Amendment: The subject lands are currently designated in part Environmental Protection Area and Industrial in the City's Official Plan. The Environmental Protection Area designation refers to a portion of a large wet woodlot on the property, which is considered a Provincially Significant Wetland, as well as the }Forking Together to Serve Our Community Clerk's · Finance · Human Resources · Information Systems · Legal Planning & Development August 13, 2001 - 2 - PD-2001-69 floodplain of a tributary of Thomson's Creek. The application proposes to maintain these features. Refinement, based on detailed study of the Environmental Protection area boundary, is proposed. Nature trails are proposed for the wet woodlot subject to further study. The concept site plan submitted with the application shows the pending of the tributary to Thomson's Creek for geological and aesthetic enhancement. The portion of the land designated Industrial is proposed to be changed to Resort Commercial to allow for the resort commercial uses mentioned above. As a result of comments received during the processing of this application, site specific special policies could be added to address particular issues. Should this application to amend the Official Plan be approved, an amendment to rezone the lands to Resort Commercial and better delineate the boundary of the wet/woodlot and floodplain of the creek tributary would be processed in the future. At this stage appropriate development setbacks, landscaping, parking and building heights and locations will be finalized. Currently, the lands are predominantly zoned Heavy Industrial with a portion of the lands zoned General Industrial and the floodplain of the creek tributary zoned Hazard. CIRCULATION COMMENTS: Information concerning the requested amendments was circulated to City departments, several government agencies and the public for comments. A summary of the comments received are attached as Schedule 4. PLANNING REVIEW: The City's Official Plan indicates that when considering an amendment to the Official Plan, Council shall consider the following matters: The Extent to Which Existing Areas of the City Designated for the Proposed Use are Developed or Available for Development There is only one area of the City currently designated for Resort Commercial purposes. These lands are situated on the east side of the QEW, south of the Welland River and north of Lyon's Creek Road. There have been a couple of large resort commercial proposals contemplated for these lands and options to purchase lands are still being held by Vedaland with the object of developing a large-scale development. Th?e are also servicing constraints associated with developing the site~ Given the development of the pe,aanent Casino, there is obviously going to be further interest for resort commercial development and given the lack of current designated sites in the City's Official Plan other land use designations will have to be considered. The Availability of Adequate Municipal Services and Facilities for the Proposed Use and its Impact on the Transportation System, Community Facilities and Natural Environment Despite the location within the City's urban area boundary, the property is not fully serviced by typical municipal services and utilities and, as a result, the timing of this development will be an important part of the City's overall strategy to construct proper facilities in this area. The servicing issues are as follows: August 13, 2001 - 3 - PD-2001-69 Sanitary Sewer The preliminary servicing report prepared by Upper Canada Consultants in support of this application suitably identifies the existing 1,370 mm diameter sewer crossing of the QEW as the outlet. It also recognizes that the Region's high lift pumping station is experiencing wet weather flow problems which will require ongoing monitoring as the Region is currently upgrading this facility. The report further contemplates the construction of a pumping station near the southeast comer of the site from which the sewage flows will be conveyed to the QEW crossing at Montrose Road. Municipal Works are currently examining servicing alternatives which will minimize the amount of infrastructure required and address the Region's concern with respect to wet weather problems at the High Lift Pumping Station and are including this proposal in our review. It is assumed that since the site will be serviced by private roads and the system will service only this site, the on-site sanitary sewers and pumping station will also be privately owned and operated. Staff does not expect there will be any concern with respect to system capacitybut would like to continue to work with the proponents to confirm a suitable ali~ment for the connection to the outlet. The application contemplates the private treatment of grey water before discharge into the watercourse system. Appropriate plans and studies will be necessary at the rezoning stage and will need the approval of all relevant agencies. Water There is an existing watermain on Brown Road which can provide a sufficient potable water supply and fire protection for the proposed theme park. The Region is reviewing the trunk distribution needs for the City and for this area. Accordingly, trunk system improvements may be required to accommodate the new developments in this area. Traffic The Traffic Impact Study prepared by Totten, Sims & Hubicki Associates (April 1999) considered the impacts of the proposed development, as well as other large contemplated development projects, on the traffic infrastructure. The report discusses necessary improvements to the internal road network funnelling traffic from the arterial mad system to the proposed development such as Brown Road and Kalar Road. Necessary intersection improvements to the Brown Road and Montrose Road. intersection and possibly Montrose Road/Lyon's Creek Road have been identified. The traffic report assumes there will be no traffic generated by the development using Kalar Road and minimal traffic on Garner Road between Brown Road and McLeod Road. Signage and operational measures have to be taken to ensure this takes place in order to minimize impacts on the Garner Neighbourhood. The report identifies an operational concern at the signalized intersection of McLeod Road and QEW south bound off-ramp, which needs to be addressed in the context of all the planned development in this area. Notwithstanding the consultants comments regarding Heartland Forest not having any responsibility for off-site traffic impacts on this intersection, it is the City's intention to apply development charge revenues to fund growth-related capital costs associated with new development such as this project. August 13, 2001 - 4- PD-2001-69 Storm Water The applicant is proposing to create ponds to treat storm water before releasing such water into Thomson's Creek (owned by Cytee) or the Welland River. This will require the approval of all relevant agencies and can be addressed further in the development process. The applicant is also contemplating using the ponds to treat grey water (water fi.om showers and sinks). This method of treatment would also require the approval of relevant agencies including the MOE and can be addressed further in the development process. Impacts on natural features will be addressed in another section in this report. Compatibility of the Proposed Use with Adjacent Land Use Designations and Natural Resources As mentioned, a large portion of the property is designated for Industrial purposes and is part of a larger industrial district. The neighbouring lands to the west (Cytec) and south (Powergrow and Regional Sludge Lagoons) are zoned Heavy Industrial. The lands to the north, on the opposite side of Brown Road, are vacant but zoned Light Industrial. Further to the north is the future Garner Neighbourhood residential area. The lands to the east on the opposite side of Kalar Road are zoned for Prestige Industrial uses. The concern regarding land use compatibility primarily focuses on the impact of encroaching development on the existing heavy industries namely Oxyvinyl, Powergrow and Regional Sludge Lagoons. Concerns are associated with the following issues: Odour With respect to odour, the applicant has completed an odour study. The main source of day to day odour nuisances would be the Powergrow and Regional Sludge Lagoons. According to the study, there have been local complaints and occasionally regional complaints related to odours eoncemlng this operation. The report indicates that the combination of wind speeds most likely to cause odours during high odour months (May to September) would mean there would be no odour impact on the subject property 75% of the time. However, the report does not indicate how severe the odour impact would be the other 25% of the time during these peak tourist visitation months. The Regional Planning Depa~hnent (who performs Provincial review functions) forwarded the report to the MOE. The MOE has advised that an odour warning clause registered on rifle, as requested by the Regional Public Works Depadment for the Sludge Lagoons would not be effective in warning visitors to the theme park. Staffis of the opinion, however, that a warning clause would provide security to the industrial operators fi.om complaints from the owners of the proposed development. Risk Assessment As mentioned, to the west of the subject lands are two large chemical plants being Cytec and Oxyvinyl (formerly Geon). Council is aware that the chemical industries require adequate buffer zones between these operations and more sensitive land uses due to risk of accidental air emission exposures. Staff used the MI. AC guidelines in the past to provide some general guidance in considering land uses in the area. Council will recall staffreport PD-98-48 addressed the matter of encroaching sensitive residential land uses into this industrial area. The study concluded that to minimize risks and nuisances, sensitive land uses such as residential development should stay to the north of the old hydro corridor north of Brown Road. August 13, 2001 - 5 - PD-2001-69 The proposed development, although less sensitive than residential development, encroaches into this industrial area. The applicant had Conor Pacific complete a Screening Level Risk Assessment of Phosphine Releases from Cytec at 50 tonnes which provides for expansion potential for the company. The consultant is still of the opinion the proposed development is acceptable within the outer arch in accordance with MIAC land use guidelines because it is transient in the nature of visits and does not represent "full-scale urban use". It should be noted no risk assessment was completed for Oxyvinyl (formerly Geon) situated further to the west. Planning staff by no means have expertise in risk assessment and management. Planning staff has general concerns about the high numbers of resort visitors who would not be trained in emergency response. However, the applicant has adjusted the layout of the development so that facilities with the highest concentrations of people (especially those staying overnight) are situated further to the east and open space uses such as golf courses and sports fields are situated to the west. The MIAC land use guidelines do indicate open space type uses are appropriate intervening land uses. This layout will also assist in minimizing odour nuisances. The applicant has had several discussions with Cytec management on the proposed amendment in an attempt to address Cytec's concerns with respect to appropriate land uses and buffer distances. Cytec is requesting a buffer setback of approximately 2 lan from its phosphine tanks with land uses within this setback being restricted to open space recreational type uses. They have requested this requirement be dealt with as a Special Policy in the amendment or by designating the area in question as Open Space. Air Emissions The Ministry of the Environment requested deferral of the application in order to collect and analyse data at the proposed property to confirm air emissions modelling completed by Oxyvinyl (formerly Geon) with respect to daily air emissions. Staffhas discussed this matter with both Regional and Ministry of the Environment staff. City Planning staffis of the opinion a general policy in the amendment indicating air emissions work must be approved by the Ministry of the Environment (MOE) should address this matter. The MOE staffhas advised their testing should be completed in approximately a month. Even if their testing does not confum Oxyvinyl's data, there will be time for this issue to be further addressed prior to the amendment being approved by the Region. Noise A noise report was submitted with the application in order to examine industrial noise impacts on the proposed develop/'nent and the impact of the development on the surrounding area. The study does not perceive any significant noise impact on the more sensitive uses (cottages, trailers, hotel) from surrounding existing industries. The noise study does indicate a potential noise impact from the proposed amphitheatre and recommends the amphitheatre point in a southeasterly direction and can be designed with be,aing etc. so that peak sound levels meet appropriate guidelines. It is uncertain whether the study took into account future residential development in the Garner Neighbourhood or the future Grand Niagara Development. The study should be updated to address these developments. The Region forwarded a copy of the noise study to the MOE but no comments have been received to date. A special policy indicating the siting of facilities for the proposed development shall have regard to an updated study approved by the MOE could be required. August 13, 2001 - 6 - PD-2001-69 ' General Land Use From a general land use compatibility perspective, the proposed development must interface reasonably with any industrial development on surrounding industrial lands, existing legal non-conforming homes in the area and future Garner Residential Neighbourhood to the north. The large wet/woodlot which the applicant is proposing to preserve provides general mitigation (particularly visual) from lands to the north and west. To the east is the City's business park which will be developed for prestige industrial purposes. Should this application be approved, buffer distances in teims of landscaping and parking can be provided between this future industrial development and the proposed development. It should be noted that light industrial lands to the north are being considered for other land uses. One area of potential impact which could affect surrounding industrial development could be traffic since visitors to the proposed resort commercial development will be depending heavily on Montrose and Brown Roads. However, it would appear Chippawa Creek Road can be used as the main access to the existing heavy industries. Natural Resources As mentioned, there is a large wet/woodlot on the site which is designated as Environmental Protection Area in the City's Official Plan. This wet woodlot is classified as a Provincially Significant Wetland according to the Ministry of Natural Resources. The applicant submitted a study of the wet/woodlot providing background information and more detailed delineation of the southerly woodlot boundary. The boundary modification will have to be approved by the Region and Ministry of Natural Resources and can be reflected in a future zoning by-law. A further Environmental Impact Study (EIS) will be necessary at the zoning amendment stage to ensure proper buffer and mitigation measures are put in place so that no negative impact occurs to the wetland when development occurs around the wetland. The ElS will also have to demonstrate putting a trail system through the wet/woodlot will have no negative impact on its features and functions. The application proposes to pond the tributary of Thompson's Creek, which bisects the property, for enhancement purposes. This tributary and the southerly portion owned by Cytec are classified as Type 2 Fish Habitat and contain Provincially Significant Wetlands as detemdned by the Ministry of Natural Resources. Provincial policies do not permit development in wetland areas, therefore, modifications to the creek tributary will have to be addressed at the zoning stage with proper jnstification and will require the approval of all agencies including the Niagara Peninsula Conservation Authority, Ministry of Natural Resources and Department of Fisheries and Oceans. An Environmental Impact Study will have to be prepared and consultation with agencies must take place to determine if this concept is feasible and to determine appropriate buffer distances and ensure the water quality of the creek owned by Cytec is maintained. Suitability of the Site or Area for the Proposed Use, Especially in Relation to Other Sites or Areas of the City. As mentioned in another section of this report there are limited lands in the City designated for resort commercial. These uses require large tracts of land, efficient linkage to major highway corridors, municipal services and appropriate separations from sensitive land uses such as significant residential development. From this perspective the subject property would appear to meet these objectives. The site also contains important natural features which the applicant wishes to incorporate into the development. Other sites which meet the above mentioned objectives may not contain similar natural features. August 13, :2001 - 7 - PD-2001-69 The proposed development would appear to be a better land use with respect to the future Garner Neighbourhood than a heavy industry permitted by the current zoning. The City has historically had a surplus of industrial lands. However, given the lack of land designated for resort commercial type developments, industrial lands are being targeted for these developments. Examples include the Grand Niagara development. Approval of this application will result in a further loss of industrial lands. However, currently the rate of industrial development is low, particularly heavy industrial. There are existing neighbouring lands zoned for Light and Prestige Industrial development. The proposed development may even make these surrounding lands more marketable, attracting industries which can cater to and service the proposed development. The suitability of this general area in relation to surrounding industrial development was discussed in the previous section of this report. The Need for and Market Feasibility of the Proposed Use A Preliminary Business planning Analysis (December '1998), prepared by Paunel Kerr Forster Consulting Inc. concludes that a review of comparable facilities, suggests first class venues which focus on religious-related services and facilities on a year round basis, such as that which is being proposed by Heartland Forest, are non-existent in Ontario. The Analysis indicates the development of such a facility could assist in stimulating visitation to the Region, and offering an alternative venue to the Niagara Falls visit°rs thereby increasing visitor length of stay. Approximately 60% of the resort's total demand will be derived from the existing tourist markets in Niagara Falls. On an annual basis, it is predicted the resort will attract an estimated 445,000 overnight guests by its stabilized year of operation. Another 57,000 annual visitors are predicted to attend meetings on site. On a daily basis the park is expected to cater to an estimated 1,375 visitors of which 88% will be overnight guests. According to the report the operation has the ability to sustain itself economically as the Trinity Ministry Centre has indicated they will fundraise about 50% of the development costs and finance the remaining 50%. The Financial Implications of the Proposed Development As mentioned above, the proposed development provides a venue which assists in increasing overnight visitation as well as an alternative year round attracti°n, According to the study, mentioned in the previous section, the economic impact of the development is estimated at $155 million in direct and indirect expenditures in the region for materials, salaries and services over the three year development phases, as well as 2,583 person years of direct and indirect employment over the same time period. It should be noted there are uses permitted by the zoning by-law in the City's business park such as service stations, gas bars, banks, convenience stores, restaurants, personal service shops, and factory outlets which could service the proposed development. The Conformity of the Proposal to the General Objectives of this Plan Based on the discussion in the previous sections of the report, it appears the proposal can meet the general objectives of the Official Plan. Approval of the development should be conditional on special August 13, 2001 - 8 - policies being incorporated into the amendment to address the following: PD-2001-69 requiring future development to have regard to risk management by providing a proper gradation of land uses and separation of more sensitive land uses from the Cytec operation to the west. submission o fan Environmental Impact Study(s) to address possible impacts to the Provincially Significant Wetland/Woodlot as well as fish habitat and wetland areas of the creek to the satisfaction of relevant agencies. submission of a stm'm water management plan to the satisfaction of all relevant agencies. submission of a grey water treatment plan to the satisfaction of the City, Region and Ministry of the Environment. approval of the modified wet/woodlot boundary by the Region and Ministry of Natural Resources. final review and approval of odour, noise, traffic and air emission studies by the relevant agencies. prior to development occurring a warning clause shall be registered on title warning the owners of the land and/or development operator of potential odour and noise nuisances from neighbouring industries. finalization and sale of the municipal road allowance which bisects the property in a north/south direction. P~ared by: Dave Heyworth Planner 2 Policy Respectfully submitted: Chief Administrative Officer Recommended by: Doug Darb~on ' Director of Planning & Development Approved by: Tony Ra~enda ' Executive Director of Corporate Services DH:Ip Attach. S:',PDRX2001 ~P D2001-69.wpd SCHEDULE 1 LOCATION MAP Subject Land Ontario Hydro Amending the Official Plan Part of Township Lots 205, 206, 207 and 208 Former Township of Stamford Now City of Niagara Falls Applicant: Heartland Forest AM-01/1999 1 :I, tTS SCHEDULE3 SCHEDULE4 Summary of Comments DEPARTMENT COMMENTS: Parks, Recreation & Culture no objections to Official Plan amendment interested in reviewing more detailed Environmental Impact Studies interested in receiving more detailed infom~ation on the proposed recreational facilities Municipal Works do not expect any concern with respect to system capacity but would like to work with proponents to confum a suitable alignment Municipal Works is currently examining the most efficient and effective way to service the larger area there is sufficient water supply to service the development Municipal Works staff are working with MTO with respect to potential future operational concerns at the McIxod Road and QEW southbound off-ramp the City shall apply development charges revenues to fund growth related capital costs with new development such as this project Building and By-law Services comments with respect to the Ontario Building Code will be addressed at the site plan approval stage building permits are required prior to construction AGENCY COMMENTS: Regional Planning & Development Department (verbal) a storm water management plan must be reviewed by the Niagara Peninsula Conservation Authority odour and noise studies, as well as air emissions analysis receiving final review and · approval by the M0E submission of appropriate Environmental Impact Study(s) to ensure development adjacent to and within (proposed) trails has no negative impact of wetland and fish habitat areas approval of revised wetland boundary by the Ministry of Natural Resources prior to development occurring on the site, an Areheologieal Assessment shall be reviewed and approved by the Ministry of Tourism and Culture facilities accommodating overnight visitation are more sensitive and should be located suitable distances from the existing heavy industries submission of updated reports for review and approval of relevant agencies -2- Regional Public Works preliminary written comments - Region is currently upgrading McLeod Road sewage pumping station with respect to wet weather capacity City should fund the necessary storage to ensure this development does not exasperate the situation wants to review the odour study warning clause advising of odour and noise fi:om the Garner Road Biosolids Treatment Facility water trunk system improvements may be required to accommodate new developments in this area requires a final review and approval of an updated traffic study particularly for the McLeod Road/Montrose Road and Lyon's Creek Road/Montrose Road intersections will be submitting information on the Biosolids Treatment Facility Ministry of the Environment identify and confirm odour nuisances from Powergrow and the Regional Sewage lagoons questions how a warning clause will warn visitors they will be affected by odours request a deferral of the application so that MOE can confiim air emissions sampling from Oxy Vinyl (formerly Geon) at this site PUBLIC COMMENTS: Cytec - comments received from Thomson Rogers (solicitor) want establishment of a buffer/setback (approximately 2.0 kin) from the phosphine tanks located on the Cytec property land uses between Cytec and this setback should be restricted by either a Special Policy or Open Space designation Cytec wants to be involved in reviewing future studies such as storm water plans and Environmental Impact Studies related to water quality resulting from drainage fi:om the golf course into the creek S:~ZONING~AMS\1999~,m01-99~ched4-wpd Ministry of Transportation Mlnlst~re des Transports Ontario Phone: Fax: E-mail: (416) 2354280 (416) 235-4267 peter.dortont~mto.gov.on.ea Central Region Corridor Management Office 7th Floor, Building D 1201 Wilson Avenue Downsview, ON M3M I J8 July 24, 2001 Via Fax: 9-1-905-356-2354 (oag~al ~y.~n) Mr. Doug Darbyson Director of Planning & Development City of Niagara Falls City Hall, 4310 Queen Street Niagara Falls, ON L2E 6X5 Dear Mr. Darbyson: Re: Official Plan Amendment Application, File No. AM-01/99 Heartland Forest Trinity Park Ministry Lot 208, City of Niagara Falls (Stamford Twp.) SW Corner of Brown Rd. / Kalar Rd, Approx. 800m West of QEW This is in response to your circulation of Public Meeting Notice for the above noted proposed Official Plan Amendment. While the ministry has no objections to this application, to facilitate development of a large-scale resort commercial development, please be advised that we anticipate that a development of this magnitude will likely impact on QEW interchange operations at both MeLeod Rd. and Lyon's Creek Rd.. This site falls within the ministry's 800m p~mdt control area for large traffic generators, therefore please advise applicant that lVlTO Building & Land Use peimit is require{! from this office prior to site grading / construction. Pexmit inquiries may be directed to Mr. Marie Panza, Permits Officer, at (416) 235 4448. As a condition of permit issuance, we require that the owner submit a traffic impact study for MTO review and approval, assessing site volume impacts on QEW / McLeod Rd. and QEW / Lyon's Creek Rd. interchanges. The owner will be financially responsible for any interchange improvements attributable to this development. R~C~i~VED JUL ? 7 I trust these comments will be of assistance to you. Please feel free to contact me if you have any questions. Sincerely, Peter Dorton Project Manager CC. B. Stevens, Niagara Region (fax only: 9-1-905-687-8056) ' M. ?anza ~ I::LIG-09-,2001 : omson Roaers PI,ANfllN Jeffrey 41g-868.$118 Jwtlker~thon~ronroger#.com August 9, 2001 Mayor Wayne Thomson and Members of Coundl City of Niagara Fsll. 4310 Queen Str~ot Niagara Falls, Ortario L2E 6X5 OFFICE OF fiBU~Nt~RATOR Mayor Thomson end Members Of Co~cil: Cytec Canada Inc. and tho Heartland l*or.t Niagara Devdopme~t Proposal Our F'de No. 40/874 Wa are thc solicitors for ~ Caaada lac. ("C'yteo") with respect to thc above proposal. Cyte¢ owns approximately 1000 re:res nozth of the Wolland l~iv~r. Its lands front on Garncr Road. Cytcc operates tts phoZlahino plant from fids location. C3ttec wieh~s to ca. ur, that a~y dm'~opment being approved/n tlm vl~ntty of C'~t~ do~ not cO~npwmhe ~o ability of Cytcc to utiIl~ its lands for the Heavy Industrial uses for whioh its lands ere zoned, inoluding th{: phosphlne pla~t. In order to ensure ~c continued viability of the Cytcc lands for heavy industrial uses, inoluding tho cxlsting phosphtne plant, a setback must bo establlshed f~om its lands. The land t~es permirtad in this buffer or sotback, a~a must be ~ihlctcd, and should not inclmte p~l~is-qon to i16117C th~ bllff~/' or s~{.blllck lends for any p~,,uan~nt or t~mporary r~idential land uses. or for rely land uses r~lated to tho housing of animals. In a meeting with the Planni~ Dcpa~immt and n~presentatives of Heartland Forest Niagara, our offices wet, provided with a conceptual plan. A oopy ot'tht~ plan is attanhed. The buffer shown on this plan is approximately 2.0 km/knn the existing phosphinc tanks located on fhe Cyteo property. The land uses oo~tain~ within the buff, r er, recognty.0 tho land use restrictions s~ out/n the abow paragraph. Although the ]snrl uses have been mod/fled somewhat fi-u,,, ~ conoept plan by Heartland Forest Niagara, for example, by the introduction ora golf course facility, the buffer aro prlnciplo ~mains intac.~ Gtv~,n th~ foregoing buffor of approximately 2,0 k~ as showu on the attaohed pl~, Cyt¢c doas not obj~.t m tho redcsil~at/on of th~ Hcartland Porcst Ntagaza lands au-renfly B A R R I S T E R B A N D S O L I C I T O R S SlJIT£ ~1oo · 210o IIAY' 5TRI~ET · TORONTO, 01t-/~0 m C. IJ{ADA m MSH 11~ · FAX 41ti-I158-3~4 · www.! h0msonrogers.com ~003. Thomson P, ooem d~i~ated Industrial, provided thai provisions are incorporated i~to the site specific Official Plan Amendm~t zeco~i_~l_ag fJ~is buffer m-~ principle, thc d~stance of approximately 2.0 t.m ma tho r~lal~d ltad nse restriotio~s. We vaderstand f~om your Planning staff ~at thee prinolpl~s could be in~rporat~l into the Official Plan through a Sp~-ial Pol/oy Arm provision. In ~he alternatlv~, w~ sugg~t that thes~ ~bicted lands could be d~signat~d Opm 8pao~, with ~a-ovisio~ in pla~ to p~-,~',i~ tho r~reational u~es. We am prepared ~o work with your Pimping staff and the applicant to develop the appropriate provisions. For complete c~a~nty, we also note that refinement of the. la~d ~sea ~ shown on the. curr~t conocpt plan, for example, tho golf course f~iHty, is r~luir~l. As Cyt~o is tho land owner of the crve~ thai parallels the golf oour~e, and which crock ultim_~_ rely outlets into tho Wcllaad River, Cytec re~erv~ its rights rcga~ding ~e v/ability of any of thc proposed re~rea6on uses which may impa~t on t/s creeiL Cytc~ requests that it be consultexi by Heartland Forest Niagara, tho City, and the c,~mm~ting ageneie~ with respect to this matter as Heartl~ ~r~a Forest Niagara refines its proporal. This consultation ia in addition to lbo pdvat~ rights that Cyte~ pos.ses.s~ as the lsn,~ owner of the cre~k. By copy of this letter to Mr. Wa~.. our oflio~a tequeat that we be provided wilh copies of a~y and all notices which may b~-provided by the City tespcothg this proposal under the Planning ~tct. Yours wzy truly, Ioffroy J. Wnlc~r /IW/ljr Bru~ lon~, Plant Mam~r. Cytec Canada la~. T~ Chri~ti~, C-~x~at~ Co~l~ Cyt~o Canada Inc. Dav~ H~ywolth, Plara~i,,~ Departmmt~ City of N'tagara co: E.C. Wagg. City Clerk. City of Ni~_~._,a l~alls co: Tom Richardson, soHoltor for Heartl~_nd Fore,st N|agara ¢ I II I! I I NIAGARA DATE: TO: FROM: SUBJECT: THE REGIONAL MUNICIPALITY OF NIA . June 11, 2001 Steve Daniels Planning and Development Depa~unent Doug Cherrington, C.E.T. Manager Engineering Planning and Development Preliminary Servicing Report Trinity Park Mini~ry Regional Road 63 (Chippawa Creek Road) In the City of Niagara Falls Our File: 04.063.570 (9%1) We have reviewed the Preliminary Servicing Report for Trinity Park Ministry and provide the following comments: 1) Sanitary System The consultant's report should note that the Region's Niagara Falls (Stamford) Water Pollution Control Plant has adequate reserve capacity at this time to accommodate this proposal. We are in agreement with the .statement in the report that there is limited downstream capacity at the South Side High Lift (McLeod Road) Sewage Pumping Station resulting from excessive wet weather flows entering the sanitary sewer system. In this regard, the Region is currently upgrading this facility, however, the City has yet to eliminate the extraneous flows or construct the necessary storage. · Accordingly, the City should commit to funding the necessary storage, thereby ensuring that the additional sewage flow from this development does not exacerbate the existing situation. The comultam's report omits the important fact that this site is located immediately north of the Region's Garner Road Biosolids Treatment Facility. This development is located only about 100 metres away from our facility. Previously we have requested a separation of 400 metres in accordance with the upper limits of the MOE design guidelines in order to safeguard our operation at this location from residential encroachment. We would also request that an Environmental Impact Study be undertaken by the owner to address noise, odour and air emissions associated with the operation, current and proposed, of the nearby Regional facility. T.he owner will be responsible for all costs associated with this undertaking and implementation of the recommendations of such study. Further, we would request that a warning clause be placed on title advising of the location of the Garner Road facility, noting that certain unpleasant odours and noise from the operation of this facility maybe prevalent from time to time or continuously. Steve Daniels Planning and Development Department June 8, 2001 Page 2 2) 3) Water supply With respect to water supply, the servicing report indicates that the existing municipal system near this property appears to be adequate for the purposes of this development. We would note, however, that the current Regional Master Servicing Plan will be reviewing the *sunk distribution' needs for the City (and this area) with recommendations for future capital works projects as deemed necessary (as noted in the previous servicing report). Accordingly, trunk system improvements may be required to accommodate the new developments in this area. Regional Roadways The subject development does not abut any Regional roadway; however, as the report indicates, a Traffic Impact Study is to be undertaken to.determine what road improvements will be required to the nearby road System, which will involve Regional Road 98 (Montrose Road) and Regional Road 63 (Chippawa Creek Road). We wish to assess the recommendations of the study and would request that any approval given to this development include a requirement that the developer be required to pay Such rOad improvements. Also, if road improvements are to be pha.qed, the for any · - Region must be in agreement with such arrangement and the City must ensure that subsequent approval of phases not proceed without the 'appropriate road works being undertaken. In conclusion, we anticipate that this proposed development will-have a significant aff6ct upon municipal services. We would, therefore, request that the City ensure that the foregoing Regional concerns are included as conditions of.any subsequent development approval. D.K.C.E.T. Manager of Engineering Planning and Development DKC/cm L:~Engineering-Planning?nd-Development~Rusnak. Dave~Niagara Falls'c3683.s.daniels. memo.do~ c: D. Ali, P. Eng. S. Iannello, P. Eng. G. Holman, C.E.T., City of Niagara Falls ~. woNiagara rks .1hQ AUG 03 '01 15:35 FROM:M.0.E.E.-E[ST CEN?RAL REGION-~MILION 905-521-78Z0 T-?14 P.02/03 F MIn~ff. rv of the Environment 1 19 KI~ Stxeet Welt 12m Fl~or Hl~.'lton ON LSP 4Y7 August 3, 2001 Min~e da I'~,v[ronnement 119 ma King ouest Hemilt~ ON LSP 4Y? Ontario Mr. E. Conley, Senior Planner Planning and Development Department The Regional Municipality of Niagara 3550 Schmon Parkway, P.O. Box 1042 Thorold, Ontario L2V 4'1'7 ~' Dear Mr~ Conley: Re: ' Request forMinistry of the Environment Comments Proposed Trinity Ministries Resort Park West Side of Kalar Road, south of Brown Road City of Niagara' Falls As per your request, we have reviewed the information provided in support of the above-noted development, end offer the following comments for your c, onsidemfion. It is understood that at this point, the City of Niagara Falls is considering an application for an.amendment to the Official. Plan, to enable the development of a mulfi-faceted recreational resort park c~nsisting of a hotel, conference centre, amphitheatre, indoor and outdoor recreational facilities, cottages and trailer-park sites. Currently, the subject lands are designated Environmental Protection in recognition of the wetlands and wooded area. Protection of the wooded and wetland areas is intended to continue, and we are confident thatthe Ministry of Natural Resources will have provided their advice to ensure the protection of these resources. The balance of the property is currently designated for Industrial use, and is part of a larger industrial area within the City. ~ a re=ult.of the proximity of the proposed complex to a number of sources of air emissions, we were pleased to see an attempt made to analyze the effect or'the various air emissions. The report by Conor Pacific, dated March 1999 identif'~d five potential sources of nuisance odours: Cytec, Geon, Powergro, Region of Niagara sludge lagoons and Freeport Transport. The Powergro and sludge lagoons may create nuisance odours throughout the development site. When dealing with residential developments proposed in proximity to odourous existing uses, many municipalities have dealt with this issue by requiring warning clauses to be registered on title, to advi~;e prospective purchasers of the possibility of adverse affect due to odours. In this situation however, how would visitors to the Trinity Park AUG 03 '01 15:35 FRO~:M.O.E.E.-~ST CENTRAL REGION-HAJ,41LT~ gOS-5Zl-?SZO T-?14 P.03/03 F-lOg development be warned that dudng their stay, they may be affected by odours generated at the Powergro and Regional facility? The City should be cognizant of this risk as they consider the viability of this development proposal and the potential for complaints to the City. Of greater concern, is the proximity of the subject lands to the Oxyvinyl (formerly a part of Geon) facility. Extensive abatement efforts are underway with this Company to address the issue of their.emissions. The Company, s data indicates that effort~ to date have already achieved significant reductions in contaminants into the atmosphere measured at their property line. Mathematical modeling based on the latest emissions data suggests that ambient levels will be reduced at the property line and diminish with distance from the facility. This new data was just made available to Minisb7 staff. While the information has been reviewed, and the Company is confident tl~at It will continue to decrease its emissions, we would like the opportunity to verify the Company's data by undertaking our own air sampling program at the Trinity site. Given the Steady trend towards development to this area of the City, it may be poss~le to extend our intended sampling program to encompass the areas subject to development proposals. As a result of our concerns, we are requesting that consideration be given to deferring a decision on this amendment to enable the verification sampling to be completed and the results analyzed. We encourage you to consider establishing a meeting with the Ministry, Regional, City of Niagara Falls municipal staff and the proponent to further discuss our concerns. Please contact me at (905) 521-7864. Sincerely, Barbara Ryter Environmental Planning Officer Air, Pesticides & Environmental Planning CC. Mr. D. Heyworth, City of Niagara Falls, Planning and Development Department 4310 Queen Street, P.O. Box 1023, Niagara Falls, Ontario, 1,2E 6X5 Mr. R.J. Slattery, MOE - Niagara District Office Mr. N. Buonocore, MOE- APEP Minist~/of Environment and Energy 119 King Street West 12~ Floor Hamilton, Ontario L8P 4Y7 Tel.: 905 521-7640 Fax: 905 521-7820 SCHEDULE 2 Minist~re de I'Environnement et de I'l~nergle 119 rue King ouest 12e 6tage Hamilton (Ontario) LSP 4Y7 T~I.: 905 521-7640 T~16c.: 905 521-7820 June 7,2002 Mr. D. Heyworth Planning and Development Department City Hall 4310 Queen Street, P.O. Box 1023 Niagara Falls, Ontado L2E 6X5 Dear Mr. Heyworth: Re: Trinity/Heartland Ministries Resort Park Supplementary Comments Further to my comments dated August 3, 2001, staff have been provided with the results of the air monitoring which was done in the immediate vicinity of this proposal last August and October. As you will recall, in our previous comments, we raised the issue of air emissions and asked for the opportunity to conduct actual monitoring to confirm the statements that were made by the proponent's consultants. Having analyzed the data that resulted from this monitoring, we can conclude that provided that industries within the immediate area Continue to operate their air quality equipment, and in the absence of any unanticipated plant upsets, air emissions within the subject area will remain within acceptable levels. As a caution however, please note that even though guideline limits may be met, this does not guarantee the avoidance of any adverse effects which could be reported by individuals attending at the proposed development. Should you wish to discuss these comments, please feel free to contact me at (905) 521-7864. Sincerely, Barbara Ryter Environmental Assessment & Planning Co-ordinator Air, Pesticides and Environmental Planning CC. RECEIVED JUN 102002 Mr. E. Conley, Planning and Development Department, The Regional Municipality of Niagara, 3550 Schmon Parkway, P.O. Box 1042, Thorold, Ontario, L2V 4T7 Thomson Rooers Jeffrey Ji l;~ilker 416-868-3118 jwilker~thomsonrogers, com SENT BY FAX August 9, 2002 Mr. Doug Darbyson Director of Planning City of Niagara Falls Planning Department City Hall P.O. Box 1023 43 i 0 Queen Street Niagara Falls, Ontario L2E 6X5 Dear Mr. Darbyson: Heartland Forest Niagara Draft Special Policy Provision - Official Plan Amendment Our File No. 40/874 We acknowledge receipt of your letter of August 2, 2002 enclosing the City planning department recommended special policy provision for the Official Plan Amendment for Heartland Forest Niagara.. No private agreement between our client, Cytec Canada Inc. ("Cytec") and Heartland Forest Niagara (or Trinity Park Ministry Centre) has been reached. Both Heartland Forest Niagara and the City planning staff took the position at the July 26, 2002 meeting that the public planning process was separate and distinct and could proceed notwithstanding that no agreement has been achieved between Cytec and Heartland Forest Niagara (or Trinity Park Ministry Centre). In light of the foregoing, Cytec advises as follows: l, Cytec's preference is for the continuation of industrial uses in the proximity of its plant. As such, it does not support the redesignafion of this property. 2. Cytee appreciates the efforts of the City planning department to recognize and provide protection of Cytee's industr/.al uses, including its chemical manufacturing land use. To this end, should City Council approve the Special Policy Provision, we ask that the text be as set out in your enclosure to your letter of August 2, 2002. B A R R I S T E R S A N D S O L I C I T O R S SUITE 3100 m 390 BAY STREET · TORONTO, ONTARIO · CANADA · MSH lW2" FAX 418468-3134 · TEL. 416.868.3100 HU~--D~--~D~Z ii~D IMUIqbUN ~U~K5 LHW 41~ ~ 5154 Thomson Rollers -2- We understand that Heartland Forest Niagara has already advised the City planning staffthat it agrees with that text, We ask that the City ensure that our office~ are included on the notification list regarding this OPA, pursuant to the provisions of the Planning Act. Yours very truly, Jeffrey J, Wilker JJW/pf cc: D. ]orfida, City Clerk cc: B. Jones, Cyt¢c Plant Manager cc: T. Christie, Corporate Counsel, Cytec Canada lnc. cc: T. Mesevage, Legal Counsel, Cytec Industries Inc. cc: G. Wellings, MHBC Planning Limited cc: T. Richardson, solicitor for Heartland Niagara TOTAL P.03 The City of Niagara Falls Canada Corporate Services Department Planning & Development 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905) 356-2354 E-mail: planning @city.niagarafalls.on.ca August 12, 2002 Doug Darbyson Director PD-2002-78 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD-2002-78, Official Plan & Zoning By-law Amendment Application AM-24/2001, 5200 Robinson Street Applicant: 656508 Ontario Limited Agent: Donald F. May, Consulting Planner Proposed Skylon Hotels RECOMMENDATION: It is recommended that: 1) Council approve the Zoning By-law amendment application for 5200 Robinson Street to permit: (a) a 25-storey hotel on land located on the north side of the existing Skylon Tower; and (b) a 24-storey hotel on land located on the south side of the exist'mg Skylon Tower; 2) the additional setbacks, reductions in massing and building design improvements offered by the developer be incorporated into the provisions of the implementing zoning by-laws; and 3) the section 37 agreement be executed and registered on title prior to the passing of the amending zoning by-laws. PROPOSAL: 656508 Ontario Limited has requested an amendment to the Zoning By-law for the lands known as 5200 Robinson Street, as shown on Schedule 1. The land is presently developed with the Skylon Tower. The amendment is requested to permit the development of two high-rise hotels on the site, as shown on Schedule 2. The north hotel has 25 storeys; the south hotel has 24 storeys. Working Together to Serve Our Community Clerk's Finance · Human Resources Information Systems · Legal Planning & Development August 12, 2002 - 2 - PD-2002-78 The land is currently zoned a site specific Tourist Commercial (TC-476, 493 (H) zone. Special provision 476 permits parking for the subject land to be located on any of the lands controlled by the applicant. Special provision 498 (H) permits a 24-storey hotel to be developed on part of land, south of the Skylon Tower. The applicant has requested new site specific zoning provisions to replace special provision 493 and permit the two hotel buildings. SURROUNDING LAND USES: A variety of tourist commercial uses are adjacent to the south and west of the site. Vacant Tourist Commercial lands are found to the north. The development area directly abuts Queen Victoria Park to the east. CIRCULATION COMMENTS: Information regarding the application was circulated to City departments, agencies and the public for comments. The following comments have been received. · Municipal Works No objections. · Parks, Recreation & Culture No objections. Building & By-law Services Ontario Building code concerns can be addressed during site plan review. PLANNING REVIEW: The following is a summary of staff's assessment of the application: 1. The proposal complies with the intent and purpose of the Official Plan. The subject land is designated Tourist Commercial in the Official Plan. The land is located in the Fallsview subdistrict. The Fallsview area is the primary location for high-rise hotels and large-scale attractions. Building heights under the height strategy can attain 30 "storeys". Pedestrian connections into Queen Victoria Park and along the escarpment are to be strengthened and enhanced. Falls access streets, such as Murray Street and Robinson Street are to be animated with pedestrian activities and publicly accessible uses and by having attractively landscaped setbacks. North Tower As shown on Schedule 2, the North Tower is located between the Skylon and the abutting lands to the north owned by Canadian Niagara Hotel (CNH). The building height is 25 storeys. The design of the building is unique in its triangular shape, referred to as a chevron design. The chevron has been proposed by the applicant to exploit views of both falls and to compliment the Skylon Tower. The design is supported by the Architectural Peer Review (APR) panel as indicated in the attached panel report. August 12, 2002 - 3 - PD-2002-78 The APR panel has noted that the North Tower deviates from Design Criteria for High-Rise Buildings in respect to building width only. Despite this the panel is in support of the design, stating that it is an innovative design that could contribute positively to the character of the skyline. Sufficient gaps have been created through building location to guarantee sky exposure and to preserve the icon status of the Skylon Tower. However, the panel stated that further refinements could be done by the applicant to reduce the building width. In response to this comment, the applicant has revised the building design in an effort to reduce the building width. The revisions appear to satisfy the concern raised by the panel. It should be noted that a portion of the views of the Horseshoe Falls of the proposed hotel adjacent to the Jolley Cut will be blocked by the North Tower. However, the Plan does state that no additional setbacks will be required of site specific zoning approvals to accommodate grand fathered developments. Accordingly, the North Tower need not be relocated to accommodate the proposed hotel adjacent to the Jolley Cut. The Plan also requires that high-rise buildings do not create extensive shadowing on residential or open space lands or on streets. Also, severe wind impacts at street level are not to be created. In order to assess the potential impacts, a Microclimatic Study was submitted by the applicant, as required by the Application Guidelines. The study has revealed that Robinson Street and Queen Victoria Park will not be excessively affected by shadowing. These areas will be in direct sunlight well in excess of the minimum of five hours that is stated in the Guidelines. The North Tower will create significant wind impacts. As a result, mitigation measures in the form of canopy extensions, wind screens or landscaping in the affected areas have been recommended by the consultant. These details will be included as part of the site plan agreement and will require design review and certification by the consulting engineer. As noted above, Robinson Street is a Falls Access Street. The plan states that Falls Access Streets are to encourage pedestrian cimulation through the use of publicly accessible uses within street-front buildings and attractively landscaped setbacks. The North Tower is located away from Robinson Street. The podium will extend to the escapement trail, but not to Robinson Street due to the intervening CNH lands. Because of this the North Tower does not provide street frontage podium. However, the Master Plan for the entire lands controlled by the applicant shows that a commercial/retail building will be built along Robinson Street east of the former railway ROW. South Tower The South Tower is located between the Skylon Tower and Murray Street, as shown on Schedule 2. h~ 1999, the applicant received approval of a 24-storey hotel in this location. This previous application was appealed to the Ontario Municipal Board by CNH; a settlement was reached before a hearing was held. Because the applicant is now proposing a building of different design, a Zoning By-law amendment is required. The new proposal is shown in elevation on Schedule 3. The building is 24 storeys in height, rectangular in shape with a spherical portion at the south end and articulated facades and roof Augustl2,2002 -4- PD-2002-78 feature. Application of the design guidelines revealed that the building exceeded the Criteria for massing above 15 storeys. A minor stepback was to be introduced at the 22na storey, but would not result in compliance with the Criteria. Again, the concern regarding building width noted by staff and the APR panel has been addressed by the applicant. The building has been stepped back at the 20~ floor, with further indentations above. With the modifications, the building approaches compliance with the Guidelines, albeit at the 20th storey and above. Nonetheless, the APR panel is supportive of the building. Setbacks from the Skylon Tower will preserve views from lands to the west and will also preserve the icon- status of the Skylon. The Microclimatic Study has revealed the shadowing will primarily affect lands under control of the applicant with some shadowing extending into Queen victoria Park during the spring and fall. Significant wind impacts will again be created requiring similar mitigation techniques as noted above for the North Tower. Of note is the wind impact on Murray Street. Due to the street cutting through the escarpment, a canyon is created through which wind presently funnels. The construction of the South Tower will exacerbate this situation. Because of this, canopies over the sidewalk will be necessary. Again, details of all wind mitigation measures will be required as part of the site plan and s.37 agreements with design review and certification by the consulting engineer. Murray Street is a Falls Access Street in the Plan. The proposed South Tower will provide the amenities as stated in the Plan for Falls Access Streets. The podium of the South Tower will be extended to Murray Street with a grade-level patio and restaurant (with appropriate wind mitigation features). The drop-offarea will be separated by approximately 16 feet of landscaping. The parking structure, located between the South Tower and the former railway ROW will contain at-grade retail units fronting onto Murray Street. The public sidewalk is to be extended onto the applicant's lands to provide for the anticipated increase in pedestrian traffic volume. 2. The proposal is to include the pedestrian trail along the top of the escarpment. One of the key elements of the Official Plan's policies regarding the open space system within the Fallsview subdistrict is the escarpment trail. This trail is to be located near the escarpment edge and is to provide for an alternative pedestrian connection between the Clifton Hill and Fallsview subdistricts. The applicant is proposing to construct the section of the trail between Robinson Street and Murray Street. The trail has two northerly connection points: one at the current cul-de-sac at the east end of Robinson and one at the Jolley Cut. The trail then extends along the escarpment edge, through the South Tower development and will connect to the future pedestrian bridge over Murray to the Casino. Details of the geometry and construction will be included within the s.37 agreement. 3. Parking for both towers is to be provided on-site. An extensive amount of parking will be required for the proposed development. Previously, the applicant received approval to locate required parking offsite on lands controlled by the applicant. However, the two towers have been designed with multi-level parking structures in order to provide parking in close proximity to the hotels. August 12, 2002 - 5 - PD-2002-78 Both parking structures will extend partially into the Warren Avenue road allowance. Warren Avenue is currently unopened and is under long term lease to the applicant. The current lease does not permit any building on Warren Avenue. The applicant is re- negotiating the terms of this lease to permit the construction of the parking structure. Details will be brought forward shortly. It should be noted here that the applicant will be building the parking structure for the South Tower parking structure first. This parking structure will function as part of the pedestrian cimulation system as the roof of the structure will contain retail units and seating areas. An exterior escalator is to be constructed along the east facade of the structure so pedestrians on Murray Street can ascend to the escarpment trail system and pedestrian bridge over Murray Street. Details of the parking structure will be required during site plan review. 4. The proposed amendment is appropriate. As noted above, the subject lands are zoned TC~476, 493(H). Special provision 476 permits required parking on lands controlled by the applicant. Provision 493(H) permits the current 24-storey approval. The H-designation is a Holding zone, permitted bythe Planning Act, and is used when development is to occur at a later date when certain identified conditions have been met. The amending by-law, By-law No. 99-272, identified traffic, servicing and public realm improvements issues that had to be resolved to the City's satisfaction. Once these issues were satisfied, then the H-designation could be lifted. Since the passage of By-law No. 99-272, certain developments have taken place which will allow a new amending by-law to be placed on the lands without an H-designation. The Transportation Master Plan Update and the traffic impact study for the Casino have been completed which allowed the applicant to undertake a traffic impact study of its own to determine the traffic affects on Murray Street and Robinson Street. Access onto Murray will be limited to one point. Traffic exiting the South Tower parking structure will be directed to the access onto Robinson. Traffic signals will be required at the intersection of Robinson and Fallsview Boulevard in the future, due not only to the subject proposal, but other surrounding developments. The applicant will have to contribute to a portion of the installation costs. Murray Street is to be reconstructed. The proposed reconstruction is now progressing through the EA process. Included within the project are new storm and sanitary sewers. Due to this, previous concerns respecting the servicing of the subject lands are no longer an issue. Servicing details will be reviewed at site plan review. The Streetscape Master Plan has now been completed (in draft). Public realm improvements for Murray Street can now be designed and will be included in the s.37 agreement. Accordingly, a standard site specific TC zoning can be applied to the lands. At the request of the applicant, separate amending by-laws will be prepared, one for each tower. The amending by-laws will stipulate provisions respecting building height, massing, setbacks and landscaping. A s.37 agreement will be a requirement of the by-law to guarantee streetscape works and building design. August 12, 2002 - 6 - PD-2002-78 5. Separate s.37 and site plan agreements will be required. A s.37 agreement is required of all developments above four storeys. The s.37 agreement will guarantee the construction of the streetscape works on Murray Street and the escarpment trail. It is recommended that the streetscape works include significantly wider sidewalks along the north side of Murray Street to accommodate pedestrian traffic. This may require the proposed parking structure to be further setback to make room for the wider sidewalk. The applicant will have to address the following in the agreement with respect to the escarpment trail: Trail development and 2% parkland dedication. The escarpment trail is to extend between the Fallsview subdistrict and the Clifton Hill subdistrict. Each segment of the trail is to be constructed by the owner of the lands through which the trail extends. This is a public benefit which is factored with the developer's contribution to parkland dedication. Details of these financial contributions will be negotiated further within the context of the s.37 agreement. Construction details. The Streetscape Master Plan provides a cross-sectional detail of the trail illustrating paving, tree planting, lighting and interpretive boards. The construction will have to confomi to this and provide for common elements (ie. paving, signage) that will allow the user to follow the trail through the Casino property, across the pedestrian bridge over Murray Street and through the applicant's lands. The APR panel has noted that the path through the south hotel development should be clarified with various way finding techniques to assist the user. The panel has also recommended a 20 foot width for the trail which is consistent with the Casino and will allow for urban furniture and users to utilize the path without conflict. Continuity and public accessibility. The Official Plan states that a continuous publicly accessible trail is to be created. This means that the trail is to be continuous, without breaks, through thc subject lands with provisions for linkages at both north and south ends. The public is to bc provided with complete access at all times. The latter may be secured through an easement granted by thc owner to the City. · Maintenance. The trail is to be maintained, by the applicant, in good condition at all times. The site plan agreements for the hotel towers will include details respecting landscaping, servicing, parking layout and fire access. Wind mitigation measures will also be included in the site plan agreement. CONCLUSION: In conclusion, the application can be recommended for approval based on the following: · The proposal complies with the intent and purpose of the Official Plan. The proposal is recommended by the APR panel which states that the building will contribute to the character of the skyline and will add architecturally provocative structures to the City. August 12, 2002 - 7 - · Massing of the towers is reduced with increased height. · The icon status of the Skylon Tower has been maintained. PD-2002-78 Public realm improvements are to be provided in the form ofstreetscaping and development of the escarpment trail. The proposed amendment is appropriate. The s.37 agreement and site plan agreement will guarantee public realm improvements and site works, respectively. Planner 2 Recommended by: Doug D~y~on Director of Planning & Development Approved by: Tony Ravenda Executive Director of Corporate Services JB:gd Attach. Respectfully submitted: John M~/ Chief ;CdmD?n~sa~tive Officer S:~PDRX2002~PD2002-78, AM24-2001, Proposed Skylon Hot¢ls.wpd SCHEDULE 1 LOCATION MAP Subject Property Amending Zoning By-law No. 79-200 Part of Ranges 18 & 19, according to the City of Niagara Falls Company Plan (n.k.a. 1), all formerly in the Town of Niagara Falls, now in the City of Niagara Falls AM-24/2001 Applicant: 656508 Omario Limited c/o George Yerich :NTS 2002 Removal of Part Lot Control SCHEDUI~E 1 Oakwood Drive Lots 14 to 19, Registered Plan 228 Location Map Subject Land I:NTS -~_ W UJ W ~'~ 29 Fire Route Court Yard ~- ~ ~ -- Proposed 3 Storey 160 Bed Nursing Home 7.5 m Landscape area 0 0 SCHEDULE 3 SKETCH O~ LOTS 14 , 15 end PART OF 16 REGISTERED PLAN 228 IN THE CITY OF NIAGARA FALLS REGIONAL MUNICIPALITY OF SCALE 1:500 METRIC $.0. ~/c/.4REH, O.L$. - 2002 QUEEN ELIZABETH WAY o=~s (Lr~ --lO.O&-" -- LOT 1g.8 1 AREA- 10471 Sq.m. FERED 228 LOT 1 6 '% '% CLARK AVE. Z SKYLON HOTEL NORTH & SOUTH N I A G A R A F A L L $ -- O N T A R I O DRA~AN8 NO. SA~IO~ SKYLON HOTEL NORTH N I & O .~ R & F A L L · -- & SOUTH HE KIRKLAND PARTNERSHIP N C. ~k R C H I T E C T ~ Augus! 7, 2002 Project No.: 01-2560 File No,: 1.1.1 'Page I of 3 Mr. Doug A. Darbyson, Director, Planning & DeVelopment Department The City of Niagara Falls 4310 Queen Street P.O. Box 1023 Niagara Falls, Ontario L2E 6X5 Via Fax: (905) 356-2354 Dear Mr. Darbyson: Re: AM.24/2001, Zoning By-law Amendment Application 5200 Robinson Street, Proposed Skylon Hotels Peer Review Report We are in receipt of a complete applicalJon for the above properties. The Peer Review Panel has followed the development of the proposal for almost a year;, has met with the applicant formally as pad of it's normal review process; has reviewed the documents as subm~ed in detail; and maintained communicaf|ons with the applicant until a complete application was achieved. Throughout the proponents and his consultants have been professional, cooperative and responsive. Background The proposal is conditioned by a variely of site specific conditions which are atypical to most TAD sites. These include: The existence of a large convention/exhibition building in its central section · An impodant, long section of the escarpment as its eastern boundary The intended transi~oulevard route as ils westedy boundary · A sleep slope along its Murray Street frontage · The central observation tower (among 3) cited in the TADS and OP 25 text · And uncertainties surrounding the future development of lands to the north. The Proposal The proposal calls for the development of hotel towers north and south of the existing stmclures with future master planned areas to the west, which will include future retail facilities. The scheme provides retail, as practical, 225 Richmond Slreet West, Suite 500, Toronto, Ontario M5V 1W2 Tel: (416) 971-8880 Fax: (416) 977-1327 e-maih kirklandOIstar.ca THE KlflKLAND PARTNERSHIP I N C. A R C H I T E C T U R E P L A N N I N G U R B A N I) E S I G N August 7, 2002 Project No.: 01-2560 File No,: 1.1,1 "Page 2 of 3 along Murray Street and a pedestrian route along the escarpment through the site to the pedestrian bridge across Murray Street, to the casino site. The two towers am substantially below the maximum height envisioned in OP 26 (of 30 sloreys) to retain the Skylon tower as lhe highest struclure on site. Deviations from Guidelines and Requirements The south tower has one identified deviation: the building thickness above the 15· floor is 57m as opposed to the minimum recommended 40m maximum. The chevron shaped north tower is 50m wide above the 15m storey; and 72m over the norlh and south facades. Both towers provide distinctive massing and surface articulation as well as developed roof designs as envisioned in TADS and OP 26. Recommendation The Peer Review Panel recommends the project be approved for advancement to Site Plan. The project proposed represents one of the most promising addilions to the tourist area proposed under OP 26, It could contribute to the character of the skyline and add amhitecturally provocative buildings to the army of new structures in the Falls. The general site development proposal is rigorous and offers direction for future stages and adjacent sites. The proponent is commended for the quality of his effort. The deviations identified are excused for the following reasons: · The heights requested are less than the maximum permitted, in deference to the Skylon Tower The extra building thickness resulting from lower height is disposed perpendicular to the view from the Niagara Parkway and the Amedcan side. The resultant sky exposure blockage then, equates with a strictly compliant taller building. Because the north and south buildings are substantially separated by the existence of the on site buildings, sky exposure between towers is guaranteed in a way similar to that provided by the casino. The proposal includes a new Niagara Falls building type in its north building, the chevron, which is a more constructive (that is, less obstructive) building type than the common single aspect slab type, so familiar in recent proposals. Such innovations should be embraced. THE KIRKLAND PARTNERSHIP INC. ARCHIIECTURE PLANNING URBAN DESIGN August 7, 2002 Project No.: 01-2560 File No.: 1.1.1 "Page3of3 Given the above and the special site circumstances, the proposed deviations from OP 26 do not constitute exportable precedents to other situations or constitute a dimunition in the authority of the guidelines. Site Plan Stage Several matters need to be resolved in the Site Plan ApplioaUon phase in the opinion of the panel. The escarpment trail should be developed at a Gm width as provided in the casino site. Within this dimension sealing and other urban fumitum items could be placed, with a width maintained of sufficient dimension for a variety of users including pedestrians, baby carriages and cyclists in coexistence with stationary observers. The path though the south hotel should be dadfied. Various way- finding techniques should be explored to assisl in redudng the awkwardness of the given geometrical path. Further wo~ should be done to explore reductions in building width above 15 storeys to be better compliant with the thickness requirements. In our view the appearance of the building as well as its environmental impacts would be improved. The dormer of the south tower should be reconsidered, The Panel regards it as having scale difficulties. J. Michael Kirkland, OAA, FRAIC, NCARB Trevor Garwcod Jones Jamie Douglas The Niagara Parks Commission P.O. Box 150, Niagara Falls, Ontario, Canada LZE 6T2 Ontario Brian E. Merrett Clmimm John A.M. Kernahan Genre'al Manage* E-Mail: npinfo@niagaraparks.com Web Site: http://www.niagaraparks.com Telephone 905/356-2241 Fax 905/354-6~41 Engineering Fax: G051356-7262 E-Mail: npceng@niagaraparks.com August 7, 2002 Mr. Doug Darbyson, Director of Planning City Hall 4310 Queen Street Niagara Falls, ON 1_2E 6X5 Planning I Scanned. I Dear Sir, RE: ZONING BY LAW AMENDMENT APPLICATION AM-24/2001 I 5200 ROBINSON STREET SKY'LON TOWER PROPOSED DEVELOPMENT With respect to the above noted application, The Niagara Parks Commission has several concerns which have yet to be addressed. We ask that Council defer any decision until such time as these concerns are addressed and the Commission can review the proposal in its entirety. Matters which have yet to be resolved include: · Peer Review Report, which to our knowledge has not yet been received. · Access and 'traffic for development in this area was subject to .a Casino Roads Class Environmental Assessment, and has yet to be completed. · Number of parking spaces in excess of those required for the hotels and tower should not be approved until the completion of the PeOple Mover Project Parking Strategy Report. · Traffic and pedestrian movements and safety along Murray Hill. This is a complex issue which will require a coordinated pedestrian strategy. Yours truly, David Gillis Manager Planning & Properties RECEIVED AUG 0 7 2002 PLANNING & DEVELOPMENT~ Donald R May R.P.P, 3310 South Service Road, Suite 205 Burlington ON L7N 3M6 Tel: (905) 332-2324 Fax: (905) 681.2944 E-mail: donmay@almostthere.ca August 8, 2002 Mr. Doug Darbyson Dir~ of Ptannin& City Hall 4310 Queen Street Niagara Falls, ON L2E 6X5 Dear Doug, Zoning By Law Amendment Application AM-24/200~!1 5200 Robinson Street SkTIon Tower Proposed Development This is in response to the ~=c~nrnents of the Niagara Parks Commission dated August 7, 20O2. We have worked closely with the Peer Review Panel and are not aware of any outstanding ma~ers. The Peer Review Panel has praised our approach and we have agr"~-'d to further modifications with the City Planning Department to meet the intent of the Official Plan. With regard to the ao:ess and traffic issues, we have completed a traffic study and our final plans limit acces~ to the exi~ng Warren Avenue access which was approved previously by the City and the O.M.B. for the south hotel. The number of parking spaces has bccn reduced to 250 spaces to meet only the needs of the south hotel. The parking structure will be the subject of a separate site plan application which we intend to file within the next 30 to 60 days. The planning approval process is very lengthy and we have b,,--cn working on the approval of the two hotels for over three years. We have agreed that site plan approval for the south hotel will not be approved until the E~,. for Murray Street is complet~:~l. In summary, we respectfully submit that a deferral is not wa¢¢anted for the re. zoning application given that the details of Murray Street must be completed before the south hotel is given site plan approva~ ^imost There Inc. P~ge 2 The pad~n~ s~re does not, .require zonins approval and .w,e intend to process_the site plan application for the parking structure eoncurrently w~th the Murray Street E.^. process to finalize the recons~'uction of the existing Warren ^venu& access as well as turning lanes and sidewalk details. We ~zust this letter sa~sfies the con~erns of the Niagara Parks Commission that no developmont can proceed thmu§h sim plan approval until the Murray Street E.A, proa~ss is ~ompleted. Yours truJy~ DM:jb\Lelter. doc George Ye~ch Brian Merrett Dave Gillis The City of Niagara Falls~ Canada Corporate Services Department Planning & Development 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905) 356-2354 E-mail: planning@city.niagarafalls,on.ca Doug Darbyson Director PD-2002-83 August 12, 2002 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD-2002-83, Zoning By-law Amendment Application AM-02/2002, 5509 Ferry Street Proposed expansion to the King's Inn RECOMMENDATION: It is recommended that Council pass the resolution on tonight's agenda not to require further public notice with respect to a proposed expansion to the King's Inn at 5509 Ferry Street and that Council pass the mending by-law. BACKGROUND: On March 18, 2002, Council granted approval-in-principle for the above application that proposes a six-storey expansion to the King's Inn at 5509 Ferry Street. As part of this approval, 20 feet of landscaping was required to be provided in order to screen the parking lots from Stanley Avenue and Ferry Street. The applicant has since submitted a landscape plan that provides for sufficient screening within a 10-foot landscape strip. As this constitutes a change to a proposed by-law after the public meeting, the Planning Act requires that Council determine if further public notice is required. Since the change is minor, staffis of the opinion that no further public notice is required. A resolution to this affect is on the agenda together with amending by-law. Staff recommend passage of both the resolution and by-law. Working Together to Serve Our Community Clerk's · Finance · Human Resources Information Systems · Legal Planning & Development August 12, 2002 Planner 2 Recommended by: Doug Darbyson Director of Planning & Development ~by: Tony Ravenda Executive Director of Corporate Services JB:am Attach. S:~PDRX2002XPD2002-83, AM02o2002, 5509 Ferry St.wpd -2- Respectfully submitted: ///John MacDonald ~/ Chief Administrative Officer PD-2002-83 The City of Niagara Falls Canada Corporate Services Department Planning & Development Department 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-2002-79 August 12, 2002 His Worship Mayor W. Thomson and Members of the Municipal Cotmcil City of Niagara Falls, Ontario Members: Re: PD-2002-79, Request for Extension to Draft Plan Approval Parkway Acres, 26T-87010 Owners: Radojcic/Radulovich RECOMMENDATION: It is recommended that Council support a one-year extension to draft plan approval for the Parkway Acres Plan of Subdivision, conditional on the applicant maintaining the appropriate subdivision sign on the property for public information purposes. BACKGROUND: Conditions of the original draft plan approval for this subdivision indicate that final approval must be obtained within two years or the draft approval will lapse. Before the initial approval period passes, a one-year extension to draft plan approval may be granted provided that a written request is received from the applicant which sets out the reasons for the delay and the steps being taken to resolve the required conditions of approval. In order to ensure that draft plans are not automatically extended without consideration being given to current Council policy, planning principles and contemporary requirements, requests for extensions of draft plan approval must satisfy certain criteria and review guidelines. As part of the conditions associated with the delegation of subdivision approval authority, the concurrence of the Region is required before an extension can be granted. PLANNING REVIEW: The developer has submitted a request for an extension to draft approval of the Parkway Acres Plan of Subdivision (see attached location map). Original draft approval for the Plan was received from the Region on January 26, 1988. Numerous extensions have previously been granted. Staff has granted temporary extensions as the anniversary of the formal approval date has passed and to allow the submission and review of the extension request. Working Together to Serve Our Community Clerk's Finance · Human Resources Information Systems Legal Planning & Development August 12, 2002 - 2 - PD-2002-79 The subject land is located outside of the Urban Area Boundary and is designated Parkway Residential in the City's Official Plan. The subdivision conforms to the policies of the Plan. There are no municipal services in the area and none are to be provided. The Region has no objection to the extension of draft approval for a one-year period. The applicant has been exploring the possibility of finalizing the subdivision but has not proceeded due to market conditions. CONCLUSION: Based on this review, a further one-year extension (until January 26, 2003) to draft plan approval can be supported, conditional on the subdivision sign being maintained for public information purposes. Prepared by: Richard Wilson Planner 2 Recommended by: Doug Darbyson Director of Planning & Development Respectfully submitted: John MacDonald~~ ~inistrative Officer Approved by: Tony Ravenda Executive Director of Corporate Services RW:am Attach. FILE: S:~DR~2002~PD2002-79, Parkway Acres.wpd Draft Plan of Subdivision Parkway Acres 26T - 87010 LOCATION MAP Subject Land I:NTS I Plamdn8 & Dewlopment DepatUaem March 2001 S :~q ubdivis~t ~at bSxPark~vay',t~l~, apr The City of Niagara Falls~ Canada Corporate Services Department Planning & Development 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905) 356-2354 E-maih planning@city.niagarafalls.on.ca Doug Darbyson Director PD-2002-80 August 12, 2002 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re.' PD-2002-80, The Promenade Draft Plan of Condominium File: 26CD-11-2002~01 3300 Montrose Road Owner: Klein Developments Limited RECOMMENDATION: It is recommended that: 1) 2) the Promenade Plan of Condominium be draft approved subject to the conditions in the attached Appendix; the Mayor or designate be authorized to sign the draft plan as "approved" 20 days after notice of Council's decision has been given as required by the Planning Act, provided no appeals of the decision have been lodged; and 3) draft approval be given for three years, after which approval will lapse unless an extension is requested by the developer and, subject to review, granted by Council. BACKGROUND: The Promenade townhouse development is located on the east side of Montrose Road, north of Cardinal Drive abutting Shriner's Creek (see the attached location map). Construction of the 1 O-unit bungalow project was initiated in March 2002. The site layout is shown on Schedule 2. The proposal has proceeded through various planning approvals and consultation with the public. This site is a planned multiple residential block within the Katharina subdivision (59M-227) which was draft approved in September 1991 and registered in May 1996. The zoning by-law amendment (95-209) was adopted by Council in September 1995 to zone the land R4 (Residential Low Density, Grouped Multiple Dwellings) with special provisions. The Committee of Adjustment approved application A-05/2001 in February 2001 to reduce the zoning requirements for building setbacks from Montrose Road and the east property limit, and also the separation between the two townhouse blocks. The site plan for the development was approved in October 2001 with area residents involved in the review process. The Site Plan Agreement was registered on title November 23,2001. Working Together to Serve Our Community Clerk's Finance · Human Resources Information Systems · Legal Planning & Development August 12, 2002 - 2 - PD-2002-80 PLANNING REVIEW: The application for plan of condominium subdivision will permit the individual ownership of each unit in the development with the common elements (e.g., open space, driveways) shared by the condominium corporation. The project has been designed for compatibility with surrounding land uses and contributes to the mix of available housing types in the area. Standard requirements for all subdivision developments are applied to plans of condominium. Parkland dedication was satisfied through the original subdivision of the land. The provision of a sidewalk and improvements to streetlighting are required along Montrose Road in accordance with municipal policy. The designation of a fire access route through the site is also a condition of approval. Construction of the development has not been completed and a condition is included respecting confirmation of zoning by-law and site plan compliance when the project is finished. The Regional Public Works Department indicates that the driveway area does not comply with their design standards for waste collection truck access. The developer has advised that residents will be responsible for bringing garbage containers to Montrose Road for weekly curbside pickup. This development is located close to the QEW highway and requirements for noise attenuation were included in the original subdivision and through the site plan process. The Region's Planning & Development Department requests a warning clause be included in the Condominium Agreement to advise future homeowners of potential noise impacts. Such a warning clause is contained in the agreements for the townhouse condominium developments to the northwest and southwest. CONCLUSION: The Promenade townhouse development has received the appropriate zoning and site plan approvals. The proposed Draft Plan of Condominium will allow the separate ownership of the units. The conditions of approval are listed in the Appendix. Richard Wilson Planner 2 Recommended by: Doug Darbyson Director of Planning & Development Approved by: Tony Ravenda Executive Director of Corporate Services RW:gd Attach. S 5PDRL2002~PD2002-80, 26CD- 11-2002-01, The Promenade.wpd August 12, 2002 - 3 - PD-2002-80 APPENDIX Conditions of Draft Plan of Condominium Approval Approval applies to The Promenade Draft Plan o f Condominium prepared by The Larocque Group, dated May 30, 2002, showing l0 townhouse units. The developer enter into a registered Condominium Subdivision Agreement with the City to satisfy all requirements, financial and otherwise, related to the development of the land. The developer submit a Solicitor's Certificate of Ownership for the property to the City Solicitor prior to the preparation of the Condominium Subdivision Agreement. The developer submit a request to Fire Services to designate through municipal by-law the required fire access route on the property. The developer provide information to Planning & Development to confirm compliance with the provisions of the Zoning By-law and Site Plan Agreement. The developer construct a 1.5 metre wide sidewalk within the east boulevard of Montrose Road across the frontage of the development (current estimated cost $3,300.00). The developer pay for the upgrading of streetlighting (streetlight arm, light fixture, and photo cell) to be mounted on the existing hydro pole on Montrose Road south of the entranceway (current estimated cost $400.00). o The developer provide 6 copies of the pre-registration plan to Planning & Development and a letter identifying how all the conditions imposed have been or are to be fulfilled. The following warning clause be included in the Condominium Subdivision Agreement and included in all offers of purchase and sale: "Purchasers are advised of the proximity of the QEW highway, and despite the inclusion of noise control measures within the individual units, noise levels may become a concern, occasionally interfering with some activities of occupants." Clearance of Conditions Prior to granting approval to the final plan, Planning & Development requires written notice from applicable City Divisions and the following agency indicating that their respective conditions have been satisfied: - Regional Niagara Planning and Development for Condition 9 Proposed Plan of Condominium The Promenade 26CD-11-2002-01 Location Map Subject Land S:'~uMivis'4~CondoXPromau~de~ppiug.apr ~ ® 1: NTSI August 200 2 i ~.~ KEY PLAN ~ :z a DRAFT PLAN OF CONOOMINIUM THE PROMENADE CITY OF NIAGARA FALLS // REGIONAL MUNICIPALITY.,..,= OF NIAGARA ~-"~..p"~,,~;¢ ,, '"'"'' '- teat 7 t,~11' II ~ ~ --- / (f E SECqlON 51 (17) , pLANNING ACT u.~'. I ut,'rr, --~ ./;'f . ADDmONAL,NPO.MA'nON - " ' Ill'It //j . ,¢-,x' ¢, ~ M~C NO~ ~.~o.,v.o ~:=~ ........ - ~ THE LAR E GROUP Corporate Services Department The City of Niagara FallsI Canada Planning & Development Department 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Doug Darbyson Director PD-2002-81 Tel: (905) 356-7521 Fax: (905) 356-2354 E-mail: planning@city.niagarafalls.on.ca August 12, 2002 His Worship Mayor W. Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD-2002-81, Request for Removal of Part Lot Control Oakwood Drive, North of McLeod Road Lots 14 to 19, Registered Plan 228 Maryban Holdings Ltd. & Conmed Health Care Group RECOMMENDATION: It is recommended that: 1) Council approve the request, and when all development issues are addressed, pass the by-law to designate Lots 14 to 19, Registered Plan 228, as exempt from Part Lot Control; and 2) the applicant be required to notify the City when the separate deeds, as described in this report, have been registered in order for the by-law to be repealed. BACKGROUND: In a letter dated June 13, 2002, Ken Dakin (Planner) submitted a request on behalf of the owners to remove these properties on the west side of Oakwood Drive from Part Lot Control (see attached letter and location map - Schedule 1). This process enables the division of lots or blocks within a registered plan of subdivision. The general intent of removing Part Lot Control is for the minor redesign of subdivision lots or the separation of semi-detached or on-street townhouse units. PLANNING REVIEW: The existing Oakwood Park Lodge nursing home occupies the north portion of the entire site which consists of 6 lots within a registered plan of subdivision from 1962. The subject land is designated Industrial in the City's Official Plan and zoned LI (Light Industrial) through Zoning By-law 79-200, as amended, with a special provision allowing the nursing home use. The south portion of the land (Lots 14, 15 and part of Lot 16) is vacant and proposed for another long term care facility (see Schedule 2). The Committee of Adjustment approved an application (A-17/2002) in July 2002 to Working Together to Serve Our Community Clerk's Finance · Human Resources · Information Systems Legal Planning & Development August 12, 2002 - 2 - PD-2002-81 allow the development of a second independent nursing home on the overall land as well as minor variances to the front yard setback and height provisions. The Planning Act allows the conveyance of whole lots within a registered plan of subdivision, but requires approval for the conveyance of part of a lot. The removal of part lot control is required as the applicant proposes to split Lot 16 between the two projects with approximately 10 metres (32.8 feet) added to the new development as shown on Schedule 3. This additional land will allow the building to be positioned further from an abutting commercial/industrial use to the south and provide buffering and landscaping. The proposal will also be subject to Site Plan Control regarding detailed design features and servicing. An existing municipal watermain traversing the property will need to be relocated. All development issues will be satisfied prior to passing the part lot control by-law. In consultation with staff, the applicant has submitted this part lot control request rather than the alternate severance application for a lot addition. The proposal could be addressed through either process. As the specific building and parking layout and resulting land requirements of the new nursing home are not yet finalized, the developer seeks the greater flexibility provided through the part lot control process in positioning the lot line (subject to staff approval of the new boundary). CONCLUSION: The removal of Part Lot Control will permit the division of the land for the proposed lot addition. The use of this Planning Act mechanism is appropriate in this case. The applicant should advise the City when the land transactions described in this report have been completed in order to repeal the Part Lot Control by-law. The by-law to designate the land as exempt from Part Lot Control will be presented to Council for adoption when all development issues have been addressed. Richard Wilson Planner 2 oSpectfully submitted: , n Chief Administrative Officer Recommended by: Doug Darbyson Director of Planning & Development Approved by: Tony Ravenda Executive Director of Corporate Services RW:am Attach. S:~PDR~2002~PD2002-81, Conmed Health, Oakwood Drive.wpd KEN DAKIN LAND USE PLANNING CONSULTANT planning ~¢anned .~une 13, 2002 File: N.NF.12 Hr. Ken Mech, Manager Current-Planning Planning and Development Department City of Niagara Falls P.O. Box 1-23 4310 Queen Street Niagara Falls, ON L2E 6X5 Dear Mr. Mech: RE: Fax: 1-905-356-2354 RECEIVED JUN 182002 Request to Lift Part Lot Control - Lots 14 to 19, Plan 228 Oakwood Drive, Niagara Falls Owner: Maryban Holdings Ltd. On behalf of the Conmed Health Care Group and Maryban Holdings Ltd., we are submitting a request to lift part lot control. The lands affected by the request comprise Lots 14 to 19, Plan 228, located on Oakwood Drive. Lots 16 to 19 are occupied by the existing Oakwood park Lodge nursing home. The reason for the request is to permit a lot addition consisting of 10m of land to be removed from Lot 16, Plan 228 and added to Lot 15, Plan 228 for the development of a proposed 160 bed long term care facility. Enclosed are the following: 1. A preliminary site plan for the proposed long term care facility on Lots 14, 15 and part of Lot 16, Plan 228. 2. A surveyor's sketch of the proposed lot addition, prepared by A.T. McLaren OLS showing the existing nursing home and resultant side yard, and 3. A cheque payable to the City of Niagara Falls in the amount of $450.00 which is the requisite part lot control fee. On behalf of the Conmed Health Care Group, we have submitted a concurrent application to the Committee of Adjustment for three minor variances to Zoning By-law 79-200 to permit the proposed long term care facility in the applicable Light Industrial L[-38 zone. The application was accompanied by a planning brief which provides additional information on the proposed long term care facility. The long term care facility design has been approved by the IVlinistry of Health and Long Term Care. ANDL YN LTD 3310 South Service Road, Suite 205, Burlington ON L7N 3M6 905.632.4066 TOLL FREE: 1.888.890.PLAN (7526) FAX: 905.632.9528 EMAIL: kendakin@andlyn.com The lot addition is required for the long term care facility site plan and in particular, to establish an approximate 7.5m wide landscape buffer along the south lot line of the proposed facility (Lot 14, Plan 228). The 7.5m width will permit modest earthworks and buffer plantings to visually screen the rear of the adjacent commercial building on Lot 13, Plan 228 from the long term care facility. The balance of the 10m lot addition will facilitate compliance of the long term care facility site plan with the Zoning By-law. This may include a standard landscape area between the existing nursing home and the north parking lot of the proposed long term care facility. Should the minor variance for the long term care facility be approved, Conmed will submit an application for site plan approval. ]:t should be noted that there is an existing 4.57m wide watermain easement through the center of Lots 14 and 15 which must be relocated for the long term care facility. Further discussions are required with City Engineering staff to determine the appropriate location and land requirements for the watermain. Given that the requirements of site plan approval have not been established, it is respectfully requested that Council lilt part lot control but the final conveyance of the lot addition and any required easements await preliminary site plan approval, satisfactory to City staff. We would appreciate if this request could be processed as quickly as possible. ions or concerns, please do not hesitate to contact me. KEN D~'KZN, HCIP RPP L~.~l~se Planning Consultant Cc: B. Wierenga N. Davis 2 ANDL YN LTD. 3310 South Service Road, Suite 205, Burlington, ON L7N 3M6 905.632.4066 TOLL FREE: 1.888.890.PLAN (7526) FAX: 905.6:~2.9528 EMAIL: kendakin@andlyn.com Corporate Services Department The City of Niagara FallsI Canada Planning & Development 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905) 356-2354 E-maih planning@city.niagarafalls.on.ca Doug Darbyson Director PD-2002-82 August 12, 2002 His Worship Mayor W. Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD-2002-82, Recommendation Report Garner Estates Phase 4 Draft Plan of Subdivision 26T-11-2002-04 (Revised) Zoning By-law Amendment Application AM-27/2002 Owner: River Realty Development (1976) Inc. RECOMMENDATION: It is recommended that: 1) the Garner Estates Phase 4 Plan of Subdivision be draft approved subject to the conditions in the attached Appendix; 2) the Mayor or designate be authorized to sign the draft plan as "approved" 20 days after notice of Council's decision has been given as required by the Planning Act, provided no appeals of the decision have been lodged; 3) draft approval be given for three years, after which approval will lapse unless an extension is requested by the developer and, subject to review, granted by Council; and 4) the application to amend the Zoning By-law be approved to provide the necessary land use regulations to guide the development of the subdivision. PROPOSAL: The applicant proposes to subdivide an 11.45 hectare (28.29 acre) site into 82 single-detached lots, 17 semi-detached lots, and separate blocks for an institutional use, stormwater management area and parkland. The subject land is located north of McLeod Road and east of Garner Road as shown on Schedule 1. The proposed road pattern is an extension of McGarry Drive, connects to McLeod Road, includes a cul-de-sac and provides three dead-end streets to be continued on abutting land in the future. The development surrounds recently approved sites for a chumh and high school. There is one lot with direct access to Garner Road. The plan has been revised from the original submission and Schedule 2 illustrates the proposed subdivision layout. Working Together to Serve Our Community Clerk's Finance · Human Resources Information Systems · Legal Planning & Development August 12, 2002 - 2 - PD-2002-82 The site 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) zone for the single-detached lots, to the Residential Single Family and Two Family (R2) zone for the semi-detached lots, and to provide a special Institutional (I) zone for Block 100 of the plan. The zoning requirement for an additional special setback from McLeod Road is requested to be removed. The Institutional zoning would permit a residence for emergency and temporary care and associated office space, with site specific building setbacks and parking standards. The preliminary site plan for this institutional use with frontage on McLeod Road is shown on Schedule 3. BACKGROUND: In May 2002, staffheld an information meeting with property owners in the vicinity of the current development. The City's planning goals for this section of the neighbourhood, development opportunities/constraints and preliminary subdivision plans were discussed with the seven residents that attended the meeting. The Planning Act requires that a Public Meeting be held to receive input on subdivision proposals prior to making a decision. Council held the Public Meeting for this plan on July 15, 2002. Members of the public spoke at the meeting regarding the provision of sidewalks in the area, drainage impacts on land south of McLeod Road and service connections for Garner Road properties. A letter of concern was also submitted. The required Public Meeting for the zoning amendment is satisfied through tonight's meeting and provides another opportunity for public comment. PLANNING REVIEW: Various matters were considered in assessing the proposed plan of subdivision and zoning amendment. Based on this analysis, approval is recommended subject to conditions associated with urban development. The review of the applications is addressed under the following headings. Official Plan The City' s Official Plan designates the property Residential which permits a variety of housing types. A compatible mix of housing types and lot sizes is promoted by the Official Plan to provide a full range of housing opportunities. Land to the north consists of deep residential properties and the German Village Club along Garner Road, and vacant land for future residential development. Northeast of the site are soccer facilities under construction, elementary schools and a future recreational trail. Existing dwellings abut the subdivision to the west and Garner Road is the Urban Area Boundary. There is an auto service use located on the northeast comer of McLeod Road and Garner Road. A proposed church and high school will be directly south of the plan and land on the south side of McLeod Road is in agricultural use. An existing stormwater area and single-detached dwellings within Garner Estates (Phases 1, 2 and 3) are to the east. The subdivision contains several semi-detached lots and also adds to the supply of single-detached lots in the area reflecting the strong market for this type of housing. This proposal should be compatible with the existing development along Garner Road, and future uses in the neighbourhood. August 12, 2002 - 3 - PD-2002-82 Garner Neighbourhood Secondary Plan The policies of the Official Plan are refined through the Garner Neighbourhood Secondary Plan which was adopted by Council in 1997 and updated in October 2001. The Secondary Plan provides a framework to guide development in the area. General locations of roadways and facilities are shown on the land use concept which is utilized in conjunction with the detailed policies. Development proposals in the neighbourhood satisfy the intent of the policies but may differ slightly from the scheme depicted on the concept plan (e.g. shifted school locations, configuration of the stormwater management area). The current subdivision proposal complies with the Plan policies and principles. Specific policies indicate a target housing mix of 70% single/semi-detached and 30% multiple residential in the overall Garner Neighbourhood. Although the subdivision provides semi-detached lots, there are still no multiple/residential units provided in the area. Allowance was given for the initial Garner Subdivision due to the relative concentration of multiple unit development on the east side of Kalar Road. Future plans should include townhouses and/or apartments in accordance with location criteria. This subdivision expands the stormwater management area established in keeping with the Secondary Plan and Warren Creek Watershed study recommendations. Portions of this linear open drainage system are to be developed with a recreational trail linking the area. Subdivision Design Staffand the developer have met many times over the past year to discuss subdivision design options for the area. In November 2001, severances and a zoning amendment were approved for the proposed church and high school on McLeod Road. Approval of these two large uses established the general alignment of the McGarry Drive extension and the north-south collector road (Street "A"). Additional land to the north of the developer will be subject to future applications and require further consultation with abutting property owners to coordinate subdivision plans. However, staff had concerns with the original submission regarding the continuation of the collector road system to Garner Road and future integration of abutting properties in the northwest section of the plan. There are limited options to locate a street to Garner Road given existing dwellings. The Secondary Plan indicates possible streets at Lot 99 and south of the hydro corridor, but these locations pose problems due to intersection spacing and environmental factors, respectively. The most efficient alignment of the collector road is to extend McGarry Drive to the west limit of the subdivision to be continued on adjacent land where sufficient vacant street frontage exists (6916 Garner Road ). Staff have discussed this location as the likely road connection with the affected resident and the property owner is examining development options. This roadway will provide both vehicle and pedestrian connections to the internal neighbourhood. In consultation with staff, the plan was revised within the property boundaries of the developer's land to provide the collector roadway, relocate the park and improve the lot/street layout. The proposed neighbourhood park (Block 110) is 0.758 hectares (1.87 acres) in area which is smaller than the normal requirement. The park location with frontage on the collector roadway is desirable. The smaller size is acceptable in this instance due to the amount of open space in the immediate area. Block 110 exceeds the 5% parkland dedication requirement of this plan. The City will assess the overall parkland contribution o fthe developer in Garner Estates Phases 1 to 4 to deternfine any credit or shortfall. Fencing of the park boundary is required. The park could also be expanded to the west to bring the size closer to the typical active parkland standard. The changes in this area of the August 12, 2002 - 4 - PD-2002-82 subdivision also address the coordination of future development on the adjacent property (6972 Garner Road) that extends behind several homes. This design allows options for single-detached lots on the north portion fronting on the extension of the collector road with parkland expansion on the southerly portion of the property. Furthermore, a multiple residential use is possible on this neighbouring site. Lot 1 in the plan is triangular and the west portion should be combined with land to the north to create several lots in the future. Traffic generated by development in the Garner Neighbourhood will impact on the surrounding arterial and major collector road system (McLeod/Gamer/Kalar). Traffic & Parking Services have requested that the developer contribute to the preparation of a future traffic impact study. Sidewalks are required throughout the subdivision and on McLeod Road to provide safe pedestrian connections to the schools and other facilities in the area. Residents on the east side of Garner Road are to be provided full municipal services when available. The development of the subdivision will extend services to these homes and sewer connections will be incorporated in the servicing design for the plan. Fencing is a normal condition where a subdivision surrounds non-residential uses. Chain link fencing is requested around the expanded stormwater detention facility, school and walkways and the church. The developer has advised that a fencing requirement was included in the agreements to purchase the school and church land. A landscape plan/fencing detail is required for the McLeod Road frontage. Zoning Amendment - Single & Semi-Detached Lots The requested change to the R1E classification for the single-detached portion of the plan would permit minimum lot sizes of 370 square metres (3,983 square feet) in area and a minimum 12 metres (39.4 feet) in frontage. This is the same zoning category as the original Garner Estates to the east where a variety of lot sizes are provided. The proposed lots in the subdivision exceed these minimum requirements as lots on the collector roads are encouraged to provide larger frontages to reduce driving accesses. The special zoning setback requirement from McLeod Road only affects the side yards of two lots. Sufficient land is protected for road improvements by a requested widening condition. The R2 zoning standards for the semi-detached lots allow a minimum lot area of 600 square metres (6,459 square feet) and minimum lot frontage of 18 metres (59.1 feet). The requested zoning changes are appropriate. Zoning Amendment - Special Institutional Block 100 is proposed as a residence for emergency and temporary care with associated administrative space. The use would provide shelter to women and their children (up to 30 people) and outreach services to clients (drop-in programs). The location along McLeod Road allows access to community facilities and also reduces the number of potential individual driveway entrances to this arterial roadway. The preliminary site plan indicates generous building setbacks of 7.62 metres (25 feet) on the east and west sideyards, and 12.19 metres (40 feet) for the front and rear yard areas. The maximum height of the residence would be the same as surrounding dwellings and significant amenity areas are to be provided. The requested parking standard of 1 space per 3 people (residence) and 1 space per 25 square metres (269 square feet) of administration space has been developed with staff and is anticipated to meet parking demand. The development will be subject to Site Plan Control to establish design details such as parking layout and landscaping/buffering. The requested relief from a special setback from McLeod Road is acceptable as sufficient road widening will be granted. The zoning amendment is supported. August 12, 2002 - 5 - PD-2002-82 Regional Comments Standard conditions for servicing have been requested by the Regional Public Works Department to allow development of this subdivision. The Regional Planning Department has reviewed the proposal with regard to the Regional Policy Plan and also Provincial policies. The Region notes that the subdivision provides a mix of housing types with the semi-detached lots having the potential to be affordable housing. The stormwater block is an expansion to the existing detention facility. The drainage outlet is Warren Creek which is classified as an important fish habitat necessitating special protection measures. The approval of a stormwater management plan is required as a condition. Agency Comments The District School Board of Niagara requests sidewalks on the collector roads and McLeod Road, and noted a preference for an access to Garner Road to allow better pedestrian movement. Canada Post has indicated that the plan will be served by Community Mailboxes. In addition, the developer will be required to enter into separate agreements with several utility companies. CONCLUSION: The Garner Estates Phase 4 Draft Plan of Subdivision is an appropriate development of the land. The application complies with the policies of the Official Plan and Garner Neighbourhood Secondary Plan and should be compatible with existing and future development. The requested zoning by-law amendment will provide suitable regulations for the construction of the dwellings and the special institutional use. The required conditions of approval are listed in the Appendix. Prepared by: Richard Wilson Planner 2 Recommended by: Doug Darbyson Director of Planning & Development espectfully submitted: John MacDonald Chief Administrative Officer Tony Ravenda Executive Director of Corporate Services RW:am Attach. FILE: SAPDRX2002~PD2002-82. Garner 4, AM27-02.wpd August 12, 2002 - 6 - PD-2002-82 APPENDIX Conditions for Draft Plan Approval Approval applies to the Garner Estates Phase 4 Draft Plan of Subdivision prepared by Upper Canada Consultants, revised August 7, 2002, showing 82 lots for single-detached dwellings, 17 lots for semi-detached dwellings, Block 100 for institutional use, Block 110 for parkland and Block 106 for stormwater management. The developer enter into a registered Subdivision Agreement with the City to satisfy all requirements, financial and otherwise, related to the development of the land. Note: Should any other body wish to have its conditions included in the Subdivision Agreement, they may be required to become party to the Subdivision Agreement for the purpose of enforcing such conditions. The developer submit a Solicitor's Certificate of Ownership for the subdivision land to the City Solicitor prior to the preparation of the Subdivision Agreement. The subdivision be designed and constructed in accordance with the City's Subdivision Policy which, in part, includes the following: a) construction of roadways to municipal requirements; b) dedication of the road allowances to the City as public highway and the streets named to the City's satisfaction; c) provision of appropriate daylighting triangles at all intersections; d) dedication of a 3.05 metre (10 foot) road widening to the City along the north side of McLeod Road (Block 101); e) provision of water distribution, sanitary sewer and storm sewer systems; f) provision of an overland stormwater flow route; and g) application of the City's Lot Grading and Drainage Policy. The developer dedicate 0.3 metre (1 foot) reserves to the City at the temdnus of the dead-end streets that are to be extended in the future, and also along the north limit of McLeod Road (including daylighting triangles) abutting Lots 43 and 44 to preclude direct access. The developer provide a proportional financial contribution to the City to undertake a future traffic impact study in the area. The developer construct 1.5 metre wide sidewalks on the north side of McLeod Road abutting the plan, both sides of McGarry Drive, both sides of Street "A", and on the east or west side (determined during the review of future plans to the north) of the dead-end street between Lots 91 to 94. The developer provide a 6 foot high chain link fence along the boundary of the church and school property, or provide assurance to the City's satisfaction that such fencing will be installed by the church and school. The developer provide a 6 foot high chain link fence along the north boundary of Block 106 and east boundary of Lot 81 (adjacent stormwater management areas). August 12, 2002 - 7 - PD-2002-82 10. The developer pay the Development Charges in force at the time of execution of the Subdivision Agreement. 11. The developer grant the City and Public Utilities any easements required to service the subdivision. 12. The developer dedicate Block 110 to the City as the parkland requirement for the plan. The overall parkland dedication requirements of the developer for Garner Estates Phases 1,2, 3 and 4 will be reviewed to determine any credit or shortfall. 13. The developer provide a 6 foot high chain link fence along the south and east boundaries of Block 110. 14. The developer submit a landscape and fencing plan for the review and approval of the Director of Parks, Recreation & Culture illustrating the streetscape treatment for Lots 43 and 44 along McLeod Road. 15. The developer provide boulevard trees in accordance with City policy. 16. The developer receive final approval from the City to the zoning by-law amendment to provide land use regulations to guide the development of the subdivision. 17. The developer provide three calculated plans prepared by an Ontario Land Surveyor and a letter to Planning & Development confimiing that all lots comply with the Zoning By-law. 18. The developer provide six copies of the pre-registration plan to Planning & Development and a letter stating how all the conditions imposed have been or are to be fulfilled. 19. The design drawings for the water, sanitary sewer and storm sewer facilities for this plan be submitted to the Regional Public Works Department for review and approval. 20. The developer obtain Ministry of Environment Certificates of Approval to the satisfaction of the Regional Public Works Department for the necessary servicing for this development. 21. Immediately following notice of draft plan approval, the developer submit a letter to the Regional Planning Department acknowledging that draft approval is not a commitment of servicing allocation by the Region as this servicing allocation, if available, will be assigned at the time of final approval of the subdivision for registration. 22. Immediately following notice of draft plan approval, the developer provide the Regional Planning Department with a written undertaking that all offers and agreements of purchase and sale which may be negotiated prior to registration of this subdivision shall contain a clause clearly indicating that a servicing allocation for this subdivision will not be assigned until the plan is granted final approval for registration, and a similar clause be inserted in the subdivision agreement between the developer and the City. August 12, 2002 - 8 - PD-2002-82 23. Prior to approval of the final plan or any on-site grading, the developer submit two copies of a detailed stormwater management plan designed and sealed by a suitably qualified professional engineer in accordance with the Ministry of Environment's "Stormwater Management Practices Planning and Design Manual", June 1994, and incorporating erosion and sedimentation control measures, to the Regional Planning and Development Department and that the approved plan be implemented through provisions in the subdivision agreement. The Region has requested the Niagara Peninsula Conservation Authority to review the stormwater management plan on the Region's behalf and to submit comments to the Regional Planning and Development Department regarding the approval of this plan and the subsequent clearance of related conditions. 24. The subdivision agreement contain provisions whereby the developer agrees to implement the approved stormwater management plan in accordance with condition 23. Clearance of Conditions Prior to granting approval to the final plan, Planning & Development requires written notice from applicable City Divisions and the following agencies indicating that their respective conditions have been satisfied: Regional Niagara Public Works Department for Conditions 19 and 20 Regional Niagara Planning and Development Department for Conditions 21, 22, 23 and 24 SCHEDULE 1 Proposed Plan of Subdivision & Zoning By-law Amendment Application Garner Estates Phase 4 26T-11-2002-04 & AM-27/2002 Location Ma' Other Lands Of Applicant Elementary Schools Garner Estates Phase 3 Future High School Subject Land REDLINE REVISION TO GARNER ESTATES PHASE FOUR CITY OF NIAGAP, A FAT1g ADDITIONAL ',U~NDS OF THE OWNER PART 5 OF SCHOOL ~ CHURCH PLAN 59R- 11594 PART I McLEOD ROAD 51(17) OF 'THE ~ ~ m ~ ~ D~O~ SU~ ~ .~.k .... I.~ I I .... 1 .... I _~_ .... ' ~t -' J · ~ ~ ~ ~ '~ SITE P~N J AP.SP.1 The Royal Canadian Legion NIAGARA FALLS (ONT. NO. 51} BRANCH July 10th, 2002 His Worship Mayor Wayne Thomson 4310 Queen Street Niagara Falls, Ontario L2E 6X5 JUt ! 2 ~00~ ~ ,J~FtCl~ O~ ','~ MAYOR Dear Mayor Thomson: On behalf of Branch 51 of the Royal Canadian Legion, we are requesting permission to use the venue of Fairview C~metery in Niagara Falls to hold our annual Parade to the Unknown Soldier at 10:30 a.m., Sunday, Se~t~er 15th, 2002. This is the beginning of Legion Week and other Branches and Veteran units will be participating. Thank you for your attention to this matter, we remain Yours truly, David McIntosh Pres. Br.51 PLANNING MEETING l~OO ~ 2,ZOOZ 5743 Valley Way, Niagara Falls, Ontario L2E 1X7 Tel: 905-354-8331 The Royal Canadian Legion NIAGARA FALLS (ONT. NO. $1) BRANCH July 10, 2002 His Worship Mayor Wayne Thomson 4310. Queen Street Niagara Falls, Ontario L2E 6X5 JUL t 2 2002 ~.~FICE 0~: T~ MAYOR Your Worship, On behalf of the Royal Canadian Legion Branches NO. 479, we request that the week of September 15th Proclaimed "LEGION WEEK-. 51, 396 and to 21st be This week will be observed through Canada and many Branches will have activities to make the public aware of Branch and Co~unity projects. Branch 51 will be responsible for the payment of publication of the Proclamation in the Niagara Falls Review. Thank you for your attention to this very ~m?ortant eveat.. For any further information, piease contact Helen Keating at 354-8331, regarding Legion Week. Yours truly, David McIntosh Pres. Br..51 cc: Br.479 396 124 ?~NING ~IEETIN~~ 5743 Valley Way, Niagara Falls, Ontario L2E lX7 Tel: 905-354-8331 R. Nathaniel Dett Memorial Chapel 5674 Peer Street Niagara Falls, Ontario L2G lXl Tel.: 905-358-9957 Fax: 905-358-8976 July 5, 2002 Wayne Thomson, Mayor and Council City of Niagara Falls, 4310 Queen Street, P.O. Box 1023, Niagara Falls, Ontario L2E 6X5 Minlsler. RI. R~ Dr. Daniel D, Rupwate Tel: 905-383-6856 :rFICE OF r ff MAYOR Dear Friends: The officers and members ofNathaniel Dett Memorial Chapel, British Methodist Church are writing to express our concern regarding the home of the late Oliver Pemell at 6071 Stanley Avenue. We are aware that the houses in that area are for sale and are writing to as~g ifthv Pemell house might be saved from demolition and moved to another site where it could be used perhaps as an interpretative centre for the history of Niagara. We are mindful of the story of Mr. Pemell who came to Canada from Maryland in the 1850s as a freedom seeker. He, through his own initiative became an outstanding citizen and who owned a number of properties within our fair city. Our Chapel which was built in 1836 now rests on a site which was donated by Oliver Pemell. The chapel originally built at Portage Road and Mtum~ Street was rolled on logs to it's present location 5674 Peer Street at Grey Avenue in 1890. We ask for your consideration before another heritage building is lost. Sincerely, Wilma Morrison, Trustee c.c. Local Architectural Conservation Advisory Board Lundy's Lane Historical Society PLANNING MEETtNG Ministry of Public Safety and Security Emergency Management Ontario 77 Wellesley Street West Box 222 Toronto, ON M7A 1N3 Telephone/T~l~phone Facsimile/T~l~copieur E-mail File Reference/R~f~rence July 29, 2002 l-I I RF.;. FRLL$ CLERKS Minist~re de la Sfiret6 et de la S6eurit6 publique Gestion des situations d'urgence Ontarioo 77, rue Wellesley Ouest C.p. 222 Toronto ON MTA 1N3 (416) 314-8603 (416) 314-3758 infonnation.emo@jus.gov.on.ca Ontario Dean Iorfida Clerk The City of Niagara Fails P.O. Box 1023 4310 Queen Street Niagara Falls, ON L2E 6X5 Dear Mr.. Dean Ion'ida: I am writing to request that you provide Emergency Management Ontario with the name and contact information for your designated Community Emergency Management Coordinator (CEMC). As you are aware the new Emergency Management Act is currently before the Ontario Legislature and is anticipated to pass third reading in the fall 2002. The new Emergency Management Act contemplates every municipality having a designated CEMC. In anticipation of the passage of the new Act we are asking that you provide us with the identity of your CEMC as soon as possible, so that we can train and prepare that person to design and implement your program within the prescribed timeframe contemplated by the legislation. Please keep the following criteria in mind when choosing your designated Community Emergency Management Coordinator: a. The Community Emergency Management Coordinator must be by definition a municipal employee1; Capable/available to take the required CEMC courses and training provided by Emergency Management Ontario; pL.A NIN !, 2 MunicipalAct, R.S.O. 1990, c. M-45, Section 207, Subsection 46 (a) which states: "employee" means any salaried officer or any other person in the employ of the municipality or of a local board and includes a member of the police force of the municipality and any person or class of person designated as an employee by the Minister. c. The CEMC will be responsible for the development, implementation and maintenance of your municipality's mandatory emergency management program; d. The designated CEMC will be provided training and ongoing advice and assistance by Emergency Management Ontario for all aspects of emergency management. Once your designated Community Emergency Management Coordinator has been identified, please complete the enclosed form and fax it to my attention at 416-314-3758, by no later that September 16, 2002. If you have any questions please do not hesitate to give a call at 416-314-8608. Sincerely, Randy Reid Manager, Community Programs Encl. ty DESZGNATED EMERGENCY MANAGEHENT COORDZNATOR Name of Municipality: Name of designated Community Emergency Management Coordinator: Address: Phone Number: Fax Number: Cellular Number: E-Maih Note: Return/fax information to the attention of Randy Reid, Manager, Community Programs, Emergency Management Ontario at fax 416-314-3758. The City of Niagara FallsI Canada Community Services Department Parks, Recreation & Culture 7565 Lundy's Lane Niagara Falls, ON L2H 1G9 web site: www.city.niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905) 356-7404 E-mail: prc~,city.niaqarafalls.on.ca R-2000-47 Adele Kon Director August 12, 2002 His Worship Mayor Wayne Thomson and Members of Municipal Council City of Niagara Falls, Ontario Members: re: R-2002-47 - The City Centennial Celebration Recommendation: It is recommended that Council support one of the following initiatives to Celebrate the City Centennial in 2004: 1) The beautification of the Drummond Hill Cemetery (Lundy's Lane Battlefield) retaining wall 2) A Centennial History Book. Background: The Civic Committee placed advertisements requesting ideas from the community on how to commemorate the City' s 100th Anniversary in the year 2004. At the Civic Committee meeting held on July 18, 2002, the Members recommended that the following proposals be referred to City Council for decision. 1) The Lundy's Lane B. I. A. proposed the beautification of the Battlefield Retaining Wall and as their attached letter indicates, they would be willing to financially partner with the City on this project. 2) The Heritage Week Niagara Committee proposed (see attached letter) to update Centennial History Book. h~s project would be an official City undertaking with suitable financial and staff support." Work/nE ToEel~er to Selve Our Communily Municipal Works Parks, Recreation & Culture Business Development Augustl2,2002 -2- R-2002-47 In the future, the Civic Committee will keep Council informed of the planned activities, for our Centennial Celebration such as recognizing the City's Centennial at Canada Day and a monthly Calendar of Events. VS/bp Attachments C:\WINDOWS~TEMP~R-9002-47 City Centennial Celet:>ration.wpcl Niagara Falls, Canada L.UNDY'S LANE BIA · P.O. BOX 26008, NIAGARA FALLS ON L2G 7X6 Info Line 1-866-551~LANE - www. tourismniagara.¢om/tundy$1ane July 24, 2002 The City of Niagara Falls Parks, Recreation & Culture 7565 Lundys Lane Niagara Falls, On L2H 1G9 Attention: Adele Kon, Director of Parks, Recreation & Culture JUL 3 PARKS, RI~CRi~ATION Dear Adele Re: Proposed 2004 Centennial 'Civic' Project- Battlefield (Drummond Hill) Retaining Wall -Heritage Beautification As chairman of the Lundys Lane B.I.A., I am pleased to submit this letter to you indicating our complete support to have the above noted project considered by the City as a'2004 centennial civic project'. Congratulations to you, the City, and other heritage partners for the successful restoration of 'The Battle Ground Hotel'. This is a wonderful beginning to the 'master plan' for the development of the Lundys Lane Battlefield. As you know, Carl Bray, author of the Lundys Lane Battlefield Master Plan Study, included the enhancement of the Drummond Hill retaining wall as an excellent opportunity to tastefully 'showcase' the Battlefield site in an interpretive manner. The Lundys Lane B.I.A. would be very pleased to 'partneff with the City financially in this project, should this project be selected as the 'centennial 2004 civic project for our fine City. In addition to providing funds, on behalf of our B.I.A., I would personally be pleased to volunteer my time to assist in the preliminary planning of this very worthy project. On behalf of the Lundys Lane B.I.A., I will look forward to discussing this exciting project with you in the future. Thank you. Yours truly, ~ Len J. Cade Chairman, Lundys Lane B.I.A. CHA~ TEF-ASURI:a HARKETING FIANAGE~t VISITORS GUIDE AD SALES Les-, Cade Jim Cooper Lisa SmJt~ Gino M;,r~arella 905 356- I 162 ext. 608 905 374-0288 905 356- I 162 ext. 6 J 8 905 688-2849 Ms. Adele Kon, Parks, Recreation & Culture, Cit~ of Niagara Falls. Niagara Falls, September 23, 2001 Re.- ~ity Centennial, 2004 Dear Adele- In response to your advertisment for projects and ideas to celebrate the Centenary of the amalgamation of the Town of Niagara Falls and the Village of Niagara Falls into the City of Niagara Falls on January 1, 190~, we, the Eeritage Week Committee, put forwaed the following suggestion. Over the years, many~ books, bothfiction and non.fiction, have celebrated the city and natural wonder that we call home. Writings have centered on the Falls itself, the Portage Road, Niagara Parks, the War of 1812, and in 1967, the City itself. But Niagara Falls, as a cit~.-, has not stood still since then~ In 1967, Niagara Falls was a modestly sized city~ with a miXed base of Industrial and Commercial deve'~opment. We had just digested the smalgamation of Stamford Township (1963), and boasted a combined population of 56,000 souls. Im the Centennial History~ published by the Stamford Kiwanis Club~ tourism occupies less space than the list of recently departed Industries. At the turnof the Millennium, tourism, in_all it's aspects, dominated the life of h~lf of the residents- an unrecorded development in our history. We propose s~ update to the Centennial History, length and size to be determined, which would describe the Niagara Falls of today, summarizing it's development over the past 100 years, but concentrating on the expansion which has taken place since 1967. We envision a book of text and pictures which would give the residents of Niagara Falls particularly the new arrivals, an idea of where they" Live, Work, and Play". The book would celebrate the rebirtkof the city as a "Premium Tourist Destination" and allow visitors to better appreciate the beauty and history of "The Most Famous Address in the World" This project would be an official cit~ undertaking with suitable financial and staff support. An Editorial Board, representing all sectors of the community would be established, patrons would be enlisted, and a Professional Editor appointed. Costs of various formats will be required and an early decision will allow publication by the Anniversary date. We are presently seeking support from other heritage and civic organizations and preliminary~ indications of support are positive. It is possible that an electronic format, most likely in the form of a C D - ROM, for use in schools and by T.V. programmers both public and private. We are proceeding with solicitations of support and would appreciate the opportunit~to discuss thi~ project with you, the Civic Committee, or members of City'~Council, at any time, b~t emphasize the ne.d to press forward. The Heritage Week, Niagara Committee, per Executi~ MembBrs. Sh-erman Za~,itz Inge Saczkowski Jim Mitchinso~ The City of Niagara Falls~ Canada Community Services Department Municipal Works 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905) 356-2354 E-mail: munwks@city, niagarafalls.on.ca Ed Dujlovic, P. Eng. Director MW-2002-107 File G-180-01 August 12, 2002 His Worship Mayor Wayne Thomson, and Members of the Municipal Council City of Niagara Falls, Ontario Members: RE: MW-2002-107 Municipal Parking & Traffic Committee Recommendations - July 30, 2002 Meeting RECOMMENDATIONS: 1) MW-2002-76 - Maplewood Avenue/Glengate Street Parking Review It is recommended that no changes be made to the current parking control on: Maplewood Avenue between the east leg of Glengate Street and the west leg of Glengate Street; and Glengate Street between the east leg of Maplewood Avenue and Drummond Road. 2) MW-2002-80 - Third Avenue Parking Review It is recommended that: a "residential Permit Parking" system be implemented on the east side of Third Avenue from a point 58m south of Hamilton Street to a point 67m south of Hamilton Street; and 2. the need for a permit be re-evaluated on an annual basis. 3) MW-2002-81 - Regan Drive - Intersection Control Review It is recommended that: a yield sign be installed on the west approach of Gait Crescent at Regan Drive facing eastbound motorists; Working Together to Serve Our Community Municipal Works · Fire Services · Parks, Recreation & Culture · Business Development · Building & By-Law August 12, 2002 -2- MW-2002-107 4) 2. a "no exit" sign be installed at the entrance to Gait Crescent from Regan Drive; 3. a yield sign be installed on the west approach at the south intersection of Tramore Crescent at Regan Drive facing eastbound motorists; and 4. a yield sign be installed on the west approach at the north intersection of Tramore Crescent at Regan Drive facing eastbound motorists. lVIW-2002-82 - Collins Drive ~ Joyee Avenue - Intersection Control It is recommended that: 1. an all-way stop control not be installed at the intersection of Collins Drive and Joyce Avenue; and 2. a stop sign be installed on the south approach of Joyce Avenue at Collins Drive facing northbound motorists. BACKGROUND: The Municipal Parking and Traffic Committee, at its meeting of July 30, 2002 formulated the above noted. A quorum was not attained, therefore, the members recommended to either accept, not accept or accept with amendments staffs' reports. All reports were accepted as per staffs' recommendations. City Council's concurrence with the recommendations outlined in this report would be appreciated. Respectfully submitted by: Aldem,an Kim Craltor, Chairperson, Municipal Parking & Traffic Committee S:\TRAFFIC~[~EPORTS ~2002~ 002 Council~IW-2002-107.wpd The City of Niagara Falls Canada FS-2002-13 August 12, 2002 His Worship Mayor Wayne Thomson and Members of Municipal Council City of Niagara Falls Members: Re: FS-2002-13 - Purchase for Fire Department Small Fleet Two 4-Wheel Drive Command Vehicles and One Fire Prevention Vehicle Tender #12-2002 RECOMMENDATION: That Council authorize the purchase of two Command vehicles from Ed Learn Ford Sales, St. Catharines and one Fire Prevention/Public Education vehicle from Autoland Chrysler at a total cost of $109,238.50 plus taxes. BACKGROUND: This purchase will allow for the replacement of two command vehicles, a 1993 Jeep Cherokee and a 1997 GM Safari Van, as well as the addition of one vehicle to the Fire Prevention fleet. The proposed command vehicles are on heavy duty chassis and will provide increased operational flexibility as well as allow for optimum vehicle placement and usage at emergency scenes in the rural or urban areas. The additional Fire Prevention/Public Education vehicle will allow us to maximize our ability to meet all of our Fire Prevention responsibilities which include inspections, complaint follow-up, enforcement, investigation and public education. We are currently operating with a staff of seven fire prevention personnel with only four vehicles which has contributed to inspection and scheduling problems. An advisory committee has been established with staff officers. Consultation took place with City of Niagara Falls, Garage Foreman Rick Zabor regarding the mechanical specifications of the vehicles. Tenders were circulated to 13 dealers. Six companies responded to the tenders with various quotes. The quotes received are listed below. Staff is recommending Ed Learn Ford for the t~vo Command vehicles and Autoland Chrysler for the Fire Prevention vehicle for the following reasons: lowest price for vehicles which meet our specifications selected by mechanical staff for vehicle servicing and parts availability best meets the needs identified by staff The following competinI companies and their quotes are illustrated: Company 2 Command Vehicles (total 1 Fire Prev./Pub. Ed. vehicle for 2) Autoland Chrysler no bid ~~ Brian Cullen Chev. $107,794.10 $25,611.65 Brock Ford $93,897.50 $28,462.50 Checkpoint Chrysler no bid no bid Day Ford Lincoln $82,926.50 $24,605.40 David Chev-Olds no bid no bid Eastgate Ford no bid no bid Ed Learn Ford ~~ $24, 624.95 Falls Chev Olds no bid no bid Humberview Tracks Alt 1 $111,934.10 Alt 1 $24,495.00 Alt 2 $101,200.00 Alt 2 $26,450.00 John Bear Pontiac no bid no bid Niagara Motors no bid no bid Paul Foy Pontiac no bid no bid FINANCING: There are sufficient funds available in the 2002 Capital Budget to fund this purchase. Assistant Chief Approved by: Director of Fire Services Fire Chief CR:rs Respectfully s~ ald lghief Administrative Officer PEOPLE AdOVER PRO)ECT Edward P. Lustig Director 4310 Queen Street Niagara Falls, ON L2E 6X5 Tel: (905) 356-7521 Ext. 4203 Fax: (905) 358-3910 E-mail: elu sti.q ~,city, nia.qa ra falls.on .ca The City of NIOCJOrO FOils August 12, 2002 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Member: re: PMP-2002-02 - People Mover Project - Stated Preference Survey Recommendation: That Council engage Ipsos Reid to undertake a stated preference survey in connection with the People Mover Project, at the sole expense of Falls Management Company ("FMC"). Background: As part of the work being undertaken to assess the economic viability and scope of the People Mover Project, it is important to obtain statistical data regarding tourist preferences related to transportation systems. In order for the information to be statistically relevant, the work should be undertaken during the tourist season. The Steering Committee for the above noted project has recognized this need and at the expense of FMC has engaged the finn of Ipsos Reid to do this work. In light of the fact that contract for this work is with the City, Council's concurrence with this recommendation is required. As indicated above, all costs related to this work are being borne by FMC. Approved by: Edw~d~/~. Director, People Mover Project Respectfully submitted: John MacDo~n~d~ ~ministrative Officer EPL:kk The City of Niagara Falls~ Canada Corporate Services Department Legal Services 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905) 371-2892 E-mail: rkallio~;~city.niagarafalls.on.ca R.O. Kallio City Solicitor L-2002- 35 August l2,2002 His Worship Mayor Wayne Thomson and Members of Municipal Council, City of Niagara Falls, Ontario Members: L-2002-35 Lands Northwest Quadrant of Stanley Avenue and Swayze Drive- ingress and egress Our File No. 1996-324 RECOMMENDATION: That Council authorize that: 1049491 Ontario Inc., the owner of the lands abutting Parts l, 2 and 3 on Reference Plan 59R-7014, as shown on Appendix "1" attached be granted the right of ingress and egress over the said Parts 1, 2 and 3, Reference Plan 59R-7014 and that the lands be declared surplus and transferred to the Regional MUnicipality of Niagara, for nominal consideration and dedicated as part of a public highway. Clenk's Part 2 on Reference Plan 59R-6850, as shown on Appendix "2" attached, be declared surplus and sold to 1049491 Ontario Inc., the abutting owner, for nominal consideration subject to an easement in favour of the City of N!agara Falls for the maintenance, repair and replacement of the existing sanitary sewer lOCated in the said Part 2, Reference Plan 59R-6850. Working Together to Serve Our Community Finance · Human Resources · Infoffnation Systems . Legal · Planning & Development -2- BACKGROUND: In September, 1997, the City sold lands at the northwest quadrant of Stanley Avenue and Swayze Drive being 3.26 hectares to 1049491 Ontario Inc. At that time the City gave an easement to 1049491 over the lands described as Parts 1, 2 and 3 on Reference Plan 59R~7014 located on the easterly boundary of the subject lands for the purpose of maintaining and landscaping the said lands. There is an existing storm sewer located within the said parts. Originally, the City gave 1049491 an option to purchase Parts 1, 2 and 3 Reference Plan 59R-6850 for $200,000. The option was exercised. The City then realized that it could not sell Part 2 at that time because of the need to maintain the existing 60" diameter sanitary sewer. 1049491 agreed to amend the option to exclude Part 2 but did not receive an abatement in the purchase price. Therefore, the company paid for Part 2 but did not receive it. As well, the City granted an easement over Part 2 on Reference Plan 59R-6850 to 1049491 for the purpose of temporary parking of vehicles, maintaining and landscaping the said lands. The company has now asked for conveyance of Part 2. Staffhas reviewed this request and has no objection to it subject to the City reserving an easement over Part 2 to protect the said sanitary sewer. Parts 1 and 3 on 59R-6850 are in the process of being sold to 447285 Ontario Inc. and 1049491 is requesting that until such time as the future road widening is dedicated as a public highway, that it be given the right to cross over Parts 1, 2 and 3 on Reference Plan 59R-7014 to access Parts 1 and 3 on 59R~6850. The transfer of the lands to the Regional Municipality will permit the Region, in due course, to dedicate Parts 1, 2 and 3 on Reference Plan 59R-7014 as a public highway forming part of Stanley Avenue. Prepar~l by: Law ~od by: City Solicitor /mm Approved by: Tony Ravenda Executive Director of Corporate Services Ro~MaceCtfully Subtnitted: ~t Donald Chief Administrative Officer ! 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-maih rkallio@city.niagarafalls.on.ca R,O, Kallio City Solicitor L-2002- 37 August 12, 2002 His Worship Mayor Wayne Thomson and Members of Municipal Council, City of Niagara Falls, Ontario Members: L-2002-37 Consent for Application to Amend the Register To Clear Cloud on Title - 4480 Bridge Street Our File No. 2002-424 RECOMMENDATION: That Council authorize execution of a Consent for an Application to Amend the Register to clear a cloud on title to the property located at 4480 Bridge Street. BACKGROUND: On March 30, 2001, Robert McRae and Lyndy Belliveau purchased 4480 Bridge Street being lands described in instrument number RO510827 from Victoria Grey Mortgage Corporation. The lands described in said instrument include the lands described in PIN 64328-0010 and "Together with a right-of-way" in favour of The Corporation of the City of Niagara Falls, described in PIN 64328- 0011 and as shown on the plan attached as Appendix "1". When Pin 64328-0010 was assigned to the abstract page filed in the Registry Office, the words "except the easement therein" were added to PIN 64328-0010 and as a result, said PIN did not include the "Together with a right-of-way" description as contained in Instrument No. RO510827. Working Together to Serve Our Community Clerk's Finance * Human Resources · Information Systems · Legal · Planning & Development -2- In order to clear this cloud on title, an Application to Amend the Register will need to be registered on title wherein The Corporation of the City of Niagara consents to an easement as described in Instrument No. ROS10827over PiN 64328-0011 for the benefit of the lands in PiN 64320-0010. Prepare/~fy: Law Clerk Approved by: Tony Ravenda Executive Director of Corporate Services City Solicitor /nn'n Respectfully Submitted: ohn MacD~nonai~ ~dministrative Officer ©T (BY Bridge IONAL R( ~D NO. 4 2~o,,8, ,,-couNC,L D.C., 999 & lOG0) PIN LOT de.cdbed i~ 6 ~ BLOCK LOl - PIN 64328-00 INST. No. 24~ RESERVE 999 & LOl 8 I Lor 0729 X SURVEYOR'S REAL~OPERTY REPOR PLAN or PART OF LOT 6 A PART OF THE 6' RB~iRVE REG'D PLAN NO. PART OF LOT 8, BLOCK "EE" PLAN 999 & 1000 C~P( OF NIAGARA FALLS REGIONAL MUNICIPALITY OF NIAGARA I/AfIII[~, CAId[RO{4, }IEYWOOD - KERRY 1. 20O2 IHIS PLAN IS SUBJECI TO THE WRITTEN REPORT DATED: JUNE 15, 2002 TIllS REPORT WAS PREPARED FOR A CURRENT TRANSACTION INVOLVING tlR, ROBERT tdocRAE ANI THE UNDERSIGNED ACCEPTS NO RESPONSIDILITY F FUTURE USE BY OTHER PARTIES. _L_E_C_E~N_D_ ALL rOUND MONUMEN[AIlON SIIOWN ON THIS PLAN WAS PLANTED I Matthews. Cameron, HeyWood - Kerry T. Ilowe SURVEYING LTD. OR PREDECESSOR FIRM UNLESS OTIIERW~S[ STATED I~PERIAL NOTE BEARING NOTE BEARINGS ARE ASTRONOMIC AND ARE REFERRED TO THE SOUTHERL' CAU~70N This plan is not ~lld u~less embossed by o Survey~'~ sec ~URVEYOR'S CERTIFICATE ~ND SUHVEYO~S 1407686 ~atthe~, Can]cron, Ileywood Kerry T. Hoi Surveying Limited Corporate Services Department The City of Niagara FallsI Canada Legal Services 4310 Queen Street P,O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905) 371-2892 E-mail: rkallio@city.niagarafalls.on,ca R.O. Kallio City Solicitor L-2002-38 June 17, 2002 His Worship Mayor Wayne Thomson and Members of Municipal Council, City of Niagara Falls, Ontario Members: L-2002-38, Release of Site Plan Agreements 6393 & 6400 Huggins Street Our File Nos.: 2002-157 RECOMMENDATION: That Council authorize the release of two Site Plan Agreements registered on title to properties known municipally as 6393 Huggins Street and 6400 Huggins Street, respectively, and that the Mayor and Clerk be authorized to execute any documents necessary for the purpose of releasing and terminating the agreements, at no cost to the City. BACKGROUND: In 1966 and 1971 the owners of 6393 Huggins Street and 6400 Huggins Street entered into a Site Plan Agreement and an Amending Site Plan Agreement with the City to permit the construction of two apartment buildings. The Site Plan Agreement as amended provides that the covenants contained therein bind the property only for a period of twenty years from the date of registration. The above-noted lands are to be sold and their Solicitor has requested that the Site Plan Agreements be released as they have expired. Working Together to Serve Our Community Clerk's · Finance Human Resources · Information Systems · Legal · Planning & Development L-2002-38 - 2 - August 12, 2002 Staff confirms the 1966 and 1971 agreements are no longer required and may be terminated and removed from the title to the property, at no cost to the City. Prepar.ed by: ,~ Approved by: Tony Ravenda Executive Director of Corporate Services Recommended by: City Solicitor MM:lb Respectfully Submitted: jo~~ MacD~o nald~t/ Chief Administrative Officer Corporate Services Department The City of Niagara Falls Canada Legal Services 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905) 371-2892 E-mail: rkallio@city.niagarafalls.on.ca R.O. Kallio City Solicitor L-2002-39 Augustl2,2002 His Worship Mayor Wayne Thomson and Members of Municipal Council, City of Niagara Falls, Ontario Members: L-2002-39, Release of Site Plan Agreement 8625 Lundy's Lane - KOA Limited Our File Nos.: 2002-216 RECOMMENDATION: That Council authorize the release of a Site Plan Agreement registered on title to the property known municipally as 8625 Lundy's Lane, and that the Mayor and Clerk be authorized to execute any documents necessary for the purpose of releasing and terminating the agreement, at no cost to the City. BACKGROUND: On September 1, 1967, the owner of 8625 Lundy's Lane entered into a Site Plan Agreement with the City to permit the construction of a camping establishment with a service building. The Site Plan Agreement provides that the covenants contained therein bind the property only for a period of twenty years from the date of the agreement. With this "sunset" clause the plan is no longer in force, therefore their Solicitor has requested that the Site Plan Agreement be released as it has expired. Working Together to Serve Our Community Clerk's Finance · Human Resoumes · Information Systems * Legal · Planning & Development L-2002-39 - 2 - August 12, 2002 Staff confirms the 1967 agreement is no longer required and may be terminated and removed from the title to the property, at no cost to the City. Prepar7 bY: Mary Morr~ne Law Clerk Approved by: Tony Ravenda Executive Director of Corporate Services ~" City Solicitor MM:lb Respectfully Submitted: ohn Mac'Donald~ ~dministrative Officer Corporate Services Department The City of Niagara Falls l Canada 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.niagarafalls.on.ca R.O. Kallio City Solicitor L-2002-40 August 12, 2002 His Worship Mayor Wayne Thomson and Members of Municipal Council, City of Niagara Falls, Ontario Members: L-2002-40, Dedication of Public Highway Part 7 on Draft Reference Plan as Beechwood Road Our File No.: 2000-181 RECOMMENDATION: That a road widening, being Part 7 on a draft Reference Plan attached as Appendix "A", be established as a public highway, to be known as Beechwood Road. BACKGROUND: In 2001 the Regional Municipality of Niagara approached the City requesting approval for the realignment of Mountain Road. As part of the project the City will be required to dedicate Part 7 on the draft Reference Plan as part of Beechwood Road. Staff recommends the subject road widening be established as a public highway to form part of Beechwood Road. Mary/dVlorrone Law Clerk Approved by: Tony Ravenda Executive Director of Corporate Services Recommended by: City Solicitor MM:lb Respectfully Submitted: ~~MacDonal~~ (~Chief Administrative Officer Working Together to Serve Our Community Clerk's · Finance Human Resources Information Systems · Legal Planning & Development TRANSFERRED BY INST. 170472, Dedicated As Public Highway By By-Law 86-259, Registered As Inst. 487613 / / / /  N2"5800"W '~* P3 ~ mea~ 409.25 \ ~. ~ ~ 45,87 .o~ PIN 64267-0029 APPENDI ~ The City of Niagara Falls Canada Corporate Services Department Legal Services 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905) 371-2892 E-mail: rkallio@city.niagarafalls.on.ca R.O. Kallio City Solicitor L-2002-41 August 12, 2002 His Worship Mayor Wayne Thomson and Members of Municipal Council, City of Niagara Falls, Ontario Members: L-2002-41, Establishment of Public Highway Parts 7, 35 and 36 on 59R-11579 As Part of Domenic Crescent Our File No.: 2000-60 RECOMMENDATION: That a road widening, being Parts 7, 35 & 36 on Reference Plan 59R-11579, be established as a public highway, to be known as Domenic Crescent. BACKGROUND: In August 2001, Council approved the sale of Block 99 Plan M-92 to the developer, Kybala Ventures Inc.. The sale was completed on July 26, 2002. As part of the sale the City will be required to dedicate Parts 7, 35 and 36 on Reference Plan 59R- 11579 as part of Domenic Crescent. The subject lands are shown in heavy outline on the plan attached. Staff recommends the subject lands be established as a public highway to form part of Domenic Crescent. .- , Prep/,~d by: ~/ LMawm'Y~le°r~r°ne Approved by: Tony Ravenda Executive Director of Corporate Services Reco~: R.O. Kallio ~-9~ City Solicitor MM:lb R/c,~pectfully Subn]dtted:A / ~~MacDonald ~hief Administrative Officer Working Together to Serve Our Community Clerk's · Finance · Human Resources Information Systems Legal Planning & Development ~_0RD-8.630 | ,7 PART 5 PART -ooee(zr) PART 9 PART I PART 10 ,'12 PART PART PART 34- PIN PART i4 -oo.to(,~r) 27 PART ~=~ 16 N 15 PART PART 22 -oosti£r) '--~PART 24 -oo~o(zr) l The CiW of Niagara l:all$ On. rio Council Chambers No. August 12, 2002 Moved by Alderman Seconded by Alderman WHEREAS Fire Fighters throughout North America have traditionally held "Boot Drives" in support of the Muscular Dystrophy Association; and WHEREAS Niagara Falls Fire Fighters used to hold their Boot Drive at "Five Corners" over Labour Day weekend; and WHEREAS the introduction of the Provincial Safe Streets Act has placed undue restrictions on Boot Drives; and WHEREAS funds raised by Boot Drives have decreased since the introduction of the Safe Streets Act; and WHEREAS the intent of the Safe Streets Act was to deal with "Squeegee Kids" and panhandlers not to penalize worthy charitable endeavours; and WHEREAS other municipalities have passed resolutions supporting their Fire Fighters efforts during the annual Boot Drive for Muscular Dystrophy; and WHEREAS Niagara Falls Fire Fighters would like to resume their Boot Drive at Five Corners this Labour Day weekend. THEREFORE BE IT RESOLVED that Niagara Falls City Council support the fundraising efforts of the Niagara Falls Fire Fighters during this year's Boot Drive at Five Corners; and -2- FURTHER BE IT RESOLVED that the Niagara Falls Fire Fighters exercise discretion and inform the vehicular public that donations are strictly voluntary; and FURTHER BE IT RESOLVED that the Niagara Regional Police exercise discretion in enforcing the Safe Streets Act. AND The Seal of the Corporation be hereto affixed. DEAN IORFIDA WAYNE THOMSON CITY CLERK MAYOR j !,([,qFj, FF~.LS CLERKS '0~_ Muscular Dystrophy AIciatien of Canada Associatien Canadine de la gYstrophie Isculaire SOUTHWESTERN ONTARIO OFFICE 1035 Brimwood Crescent, Samla, Ontario N7S 5E8 Telephone: (5t9) 3397286 Fax: (519} 339-7231 e-mail: tsimpson~mdac.ca Client Services Toll Free: 1(800) 567-2873 July 3, 2002 Niagara Falls Professional Fire Fighters Association c/o Niagara Falls Fire Department, Station #1 5816 Morrison St Niagara Falls, ON L2E 2G1 Attention: Dave Jarrett, MDAC Chairman Dear Dave, Further to your request and in support of your efforts to pursue holding your Boot Drive on the road this year after several years absence, I would like to formally provide you with this information letter outlining the current effects of Safe Streets within Ontario. While you did hold a Boot Drive in a parking lot last year, I acknowledge you were disappointed by the results given that it was half the revenue usually received by holding a Boot Drive on the read. In the past, the Niagara Falls Professional Fire Fighters Association has generated more than $45,000 through Boot Drive revenue, which has been vital to the Muscular Dystrophy Association of Canada's (MDAC) programs. The successful approval of your request to Council will enable the Niagara Falls Fire Fighters to generate an estimated $7,500+ this year for the Association. Locally in the Niagara Region,' 142 clients are currently registered with MDAC. Since 1987, we've received 363 requests (does not include number of requests where alternative funding was located by Client Services staff) totalling $123,023.06 for services, which has assisted our clients with their daily living. The funds raised will support thousands of Canadians and their families through research advancements (Canadians are on the leading edge of neuromuscular research) in addition to education and client support programs. Fire Fighters and the Boot Drive have been synonymous with the Muscular Dystrophy.Association of Canada since its inception in 1954. The involvement of Ontario Fire Fighters is critical to the future funding of research and client services support programs as a result of the continuing cuts that are being made in all areas of business and government. Fire Fighters ara MDAC's largest fundraising support group and since the Association receives no government funding, the Fire Fighters' Boot Drives play an integral role in furthering our organization's mission. Fire Fighters set up all Tolls in a manner, which ensures the safety of the motorists in addition to themselves. The Association continues to provide the Fire Fighters with brightly coloured (yellow and black) toll signs and banners to ensure the general public is aware of the voluntary fundraiser that is being held in support of the Muscular Dystrophy Association of Canada. The Association also provides motorists with stickers to indicate that they have supported the Boot Drive in case they encounter another Toll somewhere else in the region. Until the Safe Streets legislation is changed or rescinded, all the revenue raised by Fire Fighters in Ontario for MDAC through Boot Drives is in jeopardy! The potential loss of revenue to MDAC is still in the order of $750,000, which represents the total Boot Drive revenue raised by Ontario Fire Fighters in past years. This figure is substantial given that out of the $2,000,000 that is raised nationally, $750,000 is Ontario Boot Drive revenue! SPECIAL THANKS TO THE FIREFIGHTERS FOR SUPPORTING MI)AC SINCE 1954 ! Patron, Her Excellency the Right Honourable Adrienne Clarkson, C.C., C.M.M., C.D., Governor General of Canada Pr~sidente d'honneur, Son Excellence la ti~s honorable Adrienne Clarkson, C.C., C.M.M., C.D., Gouverneure g~n/~rale du Canada Taxation Charity Registration Number/Num~,ro d'enregistrement de I'organisme de charit~ (10775 5837 RR0001) In early November 1999 the Attorney General (AG) passed Bill 8, better known as the "Safe Streets Act". The legislation had been prepared in response to the Government's concerns regarding aggressive panhandling particularly the variety practiced by the so called "squeegee kids". Since Bill 8 was passed, MDAC has been diligently working to overcome the challenges and obstacles that have been occurring due to this new law. Its ambiguity has led to various interpretations of the Bill at the municipal level. Most have continued to allow this safe fundraiser to continue thus affording Fire Fighters the opportunity to raise money for their charity of choice. .-- In an effort to pursue all avenues to defeat the negative effects of this Bill regardless of political affiliation, we have also supported the work of Mr. Bruce Crozier (MPP Essex) when he introduced Bill 64, a Private Member's Bill to amend the Safe Streets Act and Highway Traffic Act to exempt registered charities. In November 2000, Mr. Crozier's office requested our assistance regarding a petition that was later presented when Bill 64 went for 2r~ Reading on December 14"~. His case was well supported by over 1,000 names that were collected by Ontario Fire Fighters, as well as many other concerned Ontarians. After much debate, the vote ended in a 30-30 tie and the Speaker cast the deciding vote thus passing the Bill. The Bill was then slated to go to the Standing Committee on General Government for discussion. Since December, our discussions with the Attorney General's, Solicitor General's and Municipal Affair's offices have come to a standstill since there has been a court appeal of the Safe Streets legislation in the name of a group of squeegee kids charged under Bill 8. All offices will not comment any further, or are not in a position to assist us directly, until the court challenge is settled. Additionally, the House prorogued on March 2, 2001, which ended the first session of this Parliament. This meant that all Bills on the Order paper died. Bill 64 was no longer the business of the Committee and would have to be re-introduced in the new session of Parliament and referred once again to a Committee before it could be considered. Mr. Crozier did reintroduce the Bill again but it was voted down during the 2'~ Reading. Therefore, while MDAC continues its lobbying efforts to affect political change, we also continue our work on a municipal level to meet with decision-making groups to affect change locally. Since this Act was implemented, some Fire Fighters have been denied access to doing their annual Boot Drive on the roads, however many continue to safely organize this very effective MDAC event within their communities. At the local level we have had reversed decisions once the Fire Fighters made a personal appeal and presentation to Council. For example, the following decisions have been made: Township of North Glengarry passed the following resolution (#7), "That Council does wish to support the fundraising efforts of the Muscular Dystrophy Association of Canada's Boot Drive program delivered by the Fire Fighters on the roadways of Ontario". Township of Lanark Highlands passed the following resolution on April 4~ indicating "that the Council of the Corporation of the Township of Lanark Highlands, will not use the Safe Streets Act as recently passed by the Province of Ontario, to limit any fundraising activities that may be initiated by the Fire Department of Lanark Highlands, or any other Municipal organization sanctioned by Council". There are four volunteer Fire ,Departments under this municipality's jurisdiction. In Rockland, an original negative response was overturned and Fire Fighters were permitted to set up a Boot Drive on the road by setting up cones to establish their own median. This is yet another proof that the Safe Streets legislation is difficult to interpret for municipalities and law enforcement bodies. Since utilizing this format, they have now gone back to the traditional Boot Drive setup without any concern regarding their efforts or Safe Streets. Storrington Fire Fighters received approval after submission of information as long as they were responsible for event. City of Clarence-Rockland Municipal Council by resolution granted an exemption to Bill 8, to allow Fire Fighters to conduct their Boot Drive on the read once they received OPP approval. The Mutual Aid Association for the Counties of Stormont, Dundas & Glengarry passed a resolution at one of their meetings supporting all Fire Departments' efforts to conduct Boot Drives in their counties benefiting MDAC, despite the possible negative interpretations of the Safe Streets Act. The Town of Exeter sent a letter to the Minister of the Solicitor General stating that Council had passed a motion, "That Exeter Council supports the Exeter Fire Fighters Association in their charitable drive for Muscular Dystrophy and to convey to the Solicitor General's Office the opinion that the legislation called The Safe Streets Act 1999 be clarified". Town of North Perth Council passed a Resolution approving the Listowel Fire Department's request for a Road Toll. Council of the Corporation of the Township of Rideau Lakes passed Resolution #398-2001 that "acknowledges and endorses the vital role played by the Fire Fighters Association in the raisin-g of funds in support of Muscular Dystrophy Research in Canada and; Further that a copy of this Resolution and a list of dates of MDA road toll booths being operated by our Municipal Fire Fighters be forwarded to the Rideau Lakes Detachment of the OPP". Rideau Lakes Fire Department raised approximately $6,700 for MDAC. The Council General Committee Legal Department recommended "the City of Welland petition the Government of Ontario to amend the Safe Streets Act to clearly exclude solicitation of funds by Volunteer Organizations for worthy causes from the scope of this Act". The Deputy Reeve of Long Sault Municipality went to the OPP and got their approval to conduct a Boot Drive as long as there is no aggressive behaviour. As a result, the Fire Fighters conduct their Road Toll on Highway #2. One municipal concern tends to be one of liability. MDAC has insurance that covers all volunteers for the work they do on our behalf and other parties such as the municipality can be added as additional insured on MDAC's current insurance policy (if necessary). A Certificate of Insurance can be prepared to reflect those requested. MDAC appreciates your support and your concern for Canadians living with neuromuscular disorders as well as our capacity to fund our research, education and equipment programs. Boot Drives have long been accepted and recognized by the public as a Fire Fighter tradition in their communities and we applaud your efforts to maximize benefits for those most in need of our services. Dave, I would like to thank you once again for your efforts to affect positive change. Your dedication to our mission is greatly appreciated by MDAC as well as myself. Should you have any questions, please don't hesitate to contact me at (519) 339-7286, fax (519) 339-7231 or e-mail tsimpson~,mdac.ca. Your involvement is helping us solve the puzzle.,,togetherl (~ trul~ District Coordi~ Southwestern Ontario Bill 8 1999 An Act to promote safety in Ontario by prohibiting aggressive solicitation, solicitation of persons in certain places and disposal of dangerous things in certain places, and to amend the Highway Traffic Act to regulate certain activities on roadways ~- Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: ~mRion 1. In sections 2 and 3, "solicit" means to request, in person, the immediate provision of money or another thing of value, regardless of whether consideration is offered or provided in return, using the spoken, written or printed word, a gesture or other means. 2. (1) In this section, "aggressive manner" means a manner that is likely to cause a reasonable person to be concerned' for his or her safety or security. Solicitation in aggn~Sive maaa~ p~ohibile~ (2) No person shall solicit in an aggressive manner. Examples (3) Without limiting subsection (1) or (2), a person who engages in one or more of the following'activities shall be deemed to be soliciting in an aggressive manner for the purpose of this section: 1. Threatening the person solicited with physical harm, by word, gesture or other means, during the solicitation or after the person solicited responds or fails to respond to the solicitation. 2. ObStructing the path of the person solicited during the solicitation or after the person solicited responds or fails to respond to the solicitation. 3. Using abusive language during the solicitation or after the person solicited responds or fails to respond to the solicitation. 4. Proceeding behind, alongside or ahead of the person solicited during the solicitation or after the person solicited responds or fails to respond to the solicitation. 5. Soliciting while intoxicated by alcohol or drugs. 6. Continuing to solicit a person in a persistent manner after the person has responded negatively to the solicitation. Definitions 3. (1) In this section, "public wansit vehicle" means a vehicle operated by, for or on behalf of the Government of Ontario, a municipality in Ontario, including a regional and district municipality and the County of Oxford, or a transit commission or authority in Ontario, as part ora regular passenger transportation service; ("v6hicule de ~ransport en commun") "roadway" has the same meaning as in the Highway Traffic Act; ("chauss6e") "vehicle" includes automobile, motorcycle, van, mack, trailer, bus, mobile home, ~etioa engine, farm tractor, road-building machine, bicycle, motor-assisted bicycle, motorized snow vehicle, streetcar and any other vehicle drawn, propelled or driven by any kind of power, including muscular power. ("v6hicule") Sol~citation of cai:hive audience l~'ohibited (2) No person shall, (a) solicit a person who is using, waiting to use, or departing from an automated teller machine; (b) solicit a person who is using or waiting to use a pay telephone or a public toilet facility; (c) solicit a person who is waiting at a taxi stand or a public transit stop; (d) solicit a person who is in or on a pub!lc transit vehicle; (e) solicit a person who is in the process of getting in, out of, on or offa vehicle or who is in a parking lot; or (f) while on a roadway, solicit a person who is in or on a stopped, standing or.parked vehicle. Definition 4. (1) In this section, "outdoor public place" means, ' (a) a place outdoors to which the public is ordinarily invited or permitted access and, for greater certainty, includes but is not limited to a sidewalk, street, parking lot, swinuningipook beach, conservation area, park and playground, and (b) school grounds. Disposal of cerlain dangerous Ihinga prohibited (2) No person shall dispose of any of the following things in an outdoor public place: 1. A used condom. ; ' 2. A new or used hypodermic needle or syringe. 3. Broken glass. (3) It is a defence to a charge under subsection (2) for the person who disposed of thc condom, the needle or syringe or the broken glass to establish that he or she took reasonable precautions to dispose of it in a manner that would not endanger the health or safety of any person. Offence _ 5. (1) Every person who contravenes section 2, 3 or 4 is guilty of an offence and is liable, (a) on a f~t conviction, to a fmc of not more than $500; and CO) on each subsequent conviction, to a fine of not more than $1,000 or to imprisonment for aterm of not more than six months, or to both. Sulasequent conviction (2) For the purpose of determinin§ the penalty to which a person is liable under subsection (1), (a) a conviction of the person of a contravention of section 2 is a subsequent conviction only if the person has previously been convicted of a contravention of section 2 or 3; (b) a conviction of the porson of a contravention ofsectiun 3 is a subsequent conviction only if the person has previously be~n convicted of a contravention of section.2 or 3; and (c) a conviction of the person of a contravention of section 4 is a subsequent conviction only if the person has previously been convicted ora contravention of section 4. Argot v~m warrant 6. A POlice officer who believes on reasonable and probable grounds that a:porson has contravened section 2, 3 or 4 may arrest the person without warrant if, . ~ (a) before the alleged contravention of section 2, 3 or 4, the POlice officer directed the person not to engage in activity that con~a'avenes that section; or Co) the police officer believes on reasonable and probable grounds that it is necessary to arrest the person without warrant in order to establish the identity of the person or to prevent the person from continuing or repeating the contravention. Amendn~en! of lli£1tway rra~ftc.4ct (1) Section 177 of the 7. Highway TrafficAct is repealed and thai following shbstituted: Soliciting rides prohibited 177. (I) NO person, while on the roadway, shall solicit a ride from.the driver of a motor vehicle.other than a Public passenger conveyance. Stopping or approaching vehicle prohibited (2) No person, while on the roadway, shall stop, attempt to stop or approach a motor vehicle for the purpose of offering, selling or providing any commodity or service to the driver or any other person in the motor vehicle. (3) Subsection (2) does not apply to the offer, sale or provision of towing-or repair services or any other commodity or service, in an emergency. Penalty fo~ contravemio~ of sobs. (2) (4) Every person who conlravenes subsection (2) is guilty of an offence and is liable, (a) on a first conviction, to a fine of not more than $500; and Co) on each subsequent conviction, to a frae of not more than $1,000 or to imprisonment for a term of not more than six months, or to both. s. 171 not affected (5) Nothing in this section affects the operation of section 171. (2) Section 217 of the Act, as amended by the Statutes of Ontario, 1993, chapter 40, section 8 and 1996, chapter 20, section 31, is further amended by adding the following subsection: Arre~ ~ w'anm~ for comravemio~ of ~ub~- 177 (2) (3.1) A police officer who believes on reasonable and probable grounds that a person has contravened subsection 177 (2) may arrest the person without warrant if, (a) before the alleged con~avention of subsection 177 (2), the police officer directed the person not to engage in activity that conlxavenes that subsection; or Co) the police officer believes on reasonable and probable grounds that it is necessary to arrest the person without wan-ant in order to establish the identity of the person or to prevent the person from continuing or repeating the contravention. This Act comes into force on a day to be named by 8. proclamation of the Lieutenant Governor.. Shem title The short title of this Act is the 9. Safe Streets Act, 1999. .~ EXPLANATORY NOTE The Bill ~'ohibits soliciting in an aggreasiv¢ manner as well as soliciting persons who are in ce~ain places. The places listed are generally placos fxom which a per~en cannot ~a.sily depart or from which a person would not w~sh to depart until be or she has achievexl his o~ her purpose. The Bill Ixohib~ disposing of needle~, sy6nges, used condoms and b~kr.n glass in an outdoor public plac~ Unless reasonable p~caution~ are '~aken to do so in a manner ~at will not endanger human health o~ safety. The Bill mends the tiighv, ay Traffic ~lct to prohibit a pe~on mx a roadway froto stopping, atlempting to stop or approaching a molor vehicle for Iht putl:~ose of offering, selling or providing any commodity or service 1o the driver or any olher person in lhe motor vehicle. An exception is created to permit the offer, sale or provision of commedities and services in an emergency. The Bill specifies the maximum peoaltics to which a person is liable on a first conviction and a subsequent conviction of each of the new offences. The Bill also specifies Ih~ circumslances in which a police o ffr..er may arrest wilhont warrant a person who is believed lo have committed one of the new offences. i The City of Niagara Falls, Ontario Council Chambers No. August 12, 2002 Moved by Alderman Seconded by Alderman RESOLVED THAT the Council of the Corporation of the City of Niagara Falls hereby determines, in accordance with Section 34(17) of the Planning Act, R.S.O., that the changes to the proposed zoning by-law for Application AM-02/2002 (King's Inn Motor Lodge (Niagara) Limited, regarding a proposed expansion to the King's Inn at 5509 Ferry Street) are minor in nature and do not require any further notice. AND The Seal of the Corporation be hereto af~xed. DEAN IORFIDA WAYNE THOMSON CITY CLERK MAYOR