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2002/09/16PLANNING/COUNCIL MEETING Monday, September 16, 2002 Order of Business and Agenda Package PLANNING MEETING September 16, 2002 PRAYER: Alderman Kim Craitor O Canada: Dan Plunkett and Eric LeSurf of the Niagara Men's Chorus, will sing the National Anthem. DISCLOSURES OF PECUNIARYINTEREST Disclosures of pecunia~ interest and a brief explanation thereof will be made ~r the current Council Meeting at this time. PRESENTATIONS The City and St. John Ambulance will recognize the life saving efforts of Brian Lavigne, age 12 and Michelle Cowles, age 9 who, on two separate instances, both performed the Heimlich maneuver to save the lives of classmates. St. John Ambulance, represented by Lieutenant Colonel Jeffrey Cairns, Chair, will also recognize the funding support of the City and Mr. Bob Gale of Gales Gas Bars. DEPUTATIONS Canadian Cancer Society Ms. Anne Angelone, President, Niagara Falls Branch, Canadian Cancer Society wishes to address Council on the Pink Ribbon Campaign and request that Council proclaim the month of October, 2002 as "Breast Cancer Awareness Month". -:2- Public Apology Ms. Jean Grandoni wishes to provide a public apology to Mr. Eric Henry. ADMINISTRATION MATTERS 1. Chief Administrative Officer CAO-2002-07, Jolley Cut. - AND - Correspondence from Piraino & Raimondo Associate Mr. Emilio Raimondo may wish to address Council. PLANNING MATTERS ITEM NO. 36 Public Meeting Zoning By-law Amendment Application AM-24/2002, Bridgewater Street & Main Street Applicant: K. Dianne Chopp Proposed Bed & Breakfast Accommodation Background Material: Report PD-2002-87 - AND - Petition from the Residents of Chippawa Correspondence from Mr. H. Dawson Correspondence/Petition from Mr. Paul N. Krowchuk Correspondence from The Niagara Parks Commission ITEM NO. 37 Public Meeting (UncollatedlHandout Report) Supplementary Report, Garner Estates Phase 4 Zoning By-law Amendment Application AM-27/2002, Draft Plan of Subdivision 26T-11-2002-04 (Revised) Owner: River Realty Development (1976) Inc. Background Material: Report PD-2002-90 ITEM NO. 38 ITEM NO. 39 ITEM NO. 40 ITEM NO. 41 -3- - AND - Correspondence from River Realty Development (1976) Inc. Public Meeting Zoning By-law Amendment Application AM-16/2002, North Side of Marshall Road, West of the Niagara Parkway; Applicant: Phil Fisher Proposal to Repeal a Zoning By-law that Permits a Food Processing and Packaging Plant on the Lands Background Material: PD-2002-94 - AND. Correspondence from Bdan Sinclair Correspondence from The Niagara Parks Commission Public Meeting Willoughby Gardens Draft Plan of Subdivision Owner: Guardian Inter-Funding Inc. Background Material: Report PD-2002-86 Public Meeting Zoning By-law Amendment Application AM-32/2002, 5067 & 5079 Victoria Avenue Applicant: Nicholas & Shirley Mazzone Proposed Bed & Breakfast Accommodation Background Material: Report PD-2002-84 - AND - Correspondence from Canadian National Railway Public Meeting Zoning By-law Amendment Application AM-29/2002, 4779 Zimmerman Avenue Applicants: Robert & Wendy Keldson Proposed Bed & Breakfast Accommodation Background Material: Report PD-2002~85 - AND - Correspondence from Canadian National Railway -4- ITEM NO. 42 Public Meeting Zoning By-law Amendment Application AM-31/2002, ElS Ailanthus Avenue Applicant: Walker-Diggon Construction Ltd. Agent: Michael Allen, Architect Proposed 3-storey Apartment Background Material: Report PD-2002-88 ITEM NO. 43 Public Meeting Zoning By-law Amendment Application AM-30/2002, Brookfield Court Draft Plan of Subdivision Applicant: Cuviello Construction Limited (In Trust) (Agreement of Purchase and Sale) Background Material: Report PD-2002-89 - AND- Correspondence from Regional Niagara, Planning And Development Department. MISCELLANEOUS PLANNING MATTERS Chief Administrative Officer PD-2002-92, Request for Extension to Draft Plan Approval; Chippawa West Phase 2; File 26T- 94009; Owner: Queensway-Chippawa Properties Inc. Chair, LACAC Committee PD-2002-93, Matters Arising from the Local Architectural Conservation Advisory Committee (LACAC). REGULAR COUNCIL ADOPTION OF MINUTES: Special Council Meeting of August 1, 2002 and Planning/Regular Council Meeting of August 12, 2002. MAYOR'S REPORTS, ANNOUNCEMENTS, REMARKS -5- COMMUNICATIONS AND COMMENTS OF THE CITY CLERK John & Nancy Semach - Re: By-law No. 2002-'129 - To provide for the control of animals, passed July 15, 2002 - requesting that the same consideration be given as was given to owners of exotic pets, business in non-conforming areas, since the by-law that pertains to them changed, they were grandfathered as they were in existence before the by-law and exempt from the by-law. RECOMMENDATION: Refer to staff. Honeymoon City Toastmasters - Re: Proclamation - requesting that Council proclaim the month of October, 2002 as "Toastmasters Month" RECOMMENDATION: That the request be approved. Additional Items for Council Consideration: The City Clerk will advise of any further items for Council consideration. REPORTS RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONR (Alderman Victor Pietrangelo, Chairman) MUNICIPAL WORKS MATTERS Chief Administrative Officer Chief Administrative Officer 3. Chief Administrative Officer 4. Chief Administrative Officer MW-2002-113, Winter Sand (2002-2003) Season, Regional Tender 2002-T-28. MW-2002-114, Class Environmental Assessment Reconstruction and Widening of Kalar Road (Lundy's Lane to Beaverdams Road) MW-2002-116, Tender 2002-102-01, Dropshaft & Trunk Storm Sewer Extension; Hydro One Right-of-Way, Valley Way to Stanley Avenue/Highway 420. MW-2002-117, Hydro One Agreement for Dropshaft and Storm Sewer Extension on Hydro One R.O.W. from Valley Way to Stamford Street. o Chief Administrative Officer Chief Administrative Officer Chief Administrative Officer -6- MW-2002-1 18, Licence Renewal Agreement Kiwanis Bench Advertising Program. MW-2002-119, Dump Box Upgrade on Truck #101. MW-2002-120, Water Model Phase II. PARKS, RECREATION & CULTURE MATTERS Chairperson, Sports Wall of Fame Committee Chairperson, Arts & Culture Commission R-2002-49, 2002 Sports Wall of Fame Inductees. R-2002-51, Heritage Community Recognition Program. RATIFICATION OF CORPORATE SERVICES COMMITTEE ACTIONS (Alderman Wayne Campbell, Chair) MISCELLANEOUS MATTERS 1. Chief Administrative Officer 2. Chief Administrative Officer Chief Administrative Officer Chief Administrative Officer L-2002-42, Transfer of Easement to Enbridge Gas Distribution Inc., Parts 3 and 4 on 59R-9415; Erie Avenue and Elizabeth Place. L-2002-44, Stopping Up and Closing of Part of Beechwood Road between Mountain Road and Thorold Stone Road. L-2002-45, Letters of Credit. L-2002-47, Stopping Up and Closing of Cardinal Newman Way Road Allowance. Chief Administrative Officer L-2002-48, Lion's Club Lease with the City; 4981 & 5027 Drummond Road. -?- Chief Administrative Officer L-2002-49, Establishment of Public Highway; Part 4 on 59R-11798 as Part of Beaver Dams Road. Chief Administrative Officer L-2002-50, Establishment of a Road Widening and a One Foot Reserve as Public Highways; Blocks 13 & 14 on M- 297 as a Road Widening and Daylighting Triangle as Part of Kalar Road, Blocks 15 & 16 on M-297 as One Foot Reserves as part of Kalar Road. Chief Administrative Officer L-2002-51, Establishment of a Public Highway, Part 2 on Reference Plan 59R- 11314 as part of Dunn Street. Chief Administrative Officer L-2002-52, Stamford Lion's Club; Offer to Purchase City-Owned Lands; Parts 1 & 2 on Reference Plan 59R-11823. 10. Chief Administrative Officer L-2002-53, OK Gift Shop Ltd., 6683 Oakes Drive; Renewal of Licence Agreement. 11. Chief Administrative Officer L-2002-54, Declare Lands Surplus and Offer for Sale Vacant Land - 8709 Lundy's Lane. 12. Chief Administrative Officer L-2002-55, Establishment of a Public Highway; Part of Lots 81 and 127; Plan 283 - Ellis Lane. 13. Chief Administrative Officer L-2002-56, Hawlitzky Agreement with the City; Building Permit; Testamentary Devise. 14. Chief Administrative Officer L-2002-57, Establishment of Public Highway, Part 3 on 59R-11795 as part of Ridge Road and Morris Road. RATIFICATION OF COMMITTEE-OF-THE-WHOLE ACTIONS -8- RESOLUTIONS THAT Notwithstanding sections 4.12 and 8.7.2(c) of City of Niagara Falls Comprehensive Zoning By-law 79-200, as amended, a trailer camp site located lawfully under Zoning By-law 79-200, as amended, on the date of the passage of this by-law shall not be rendered unlawful or non-conforming by the subsequent introduction of a residential use within 60 metres of the trailer camp site so located; AND FURTHER RESOLVED THAT Notwithstanding section 3(2)(e) of Schedule 10 of City of Niagara Falls By-law No. 2001-31, as amended, a camping lot located lawfully under By-law No. 2001-31 shall not thereafter be rendered unlawful by the subsequent introduction of a residential zone or residential lot boundary within 200 feet (61 m) of the camping lot so located. The City Clerk will advise of any additional by-laws or amendments to the by- laws listed for Council consideration. BY-LAWS 2002-'150 To authorize the acceptance of an Offer to Purchase of Stamford Lions Club to purchase parts 1 & 2 on Reference Plan 59R-11823 located to the rear of 38446 Portage Road for $19,000.00 2002-151 To amend By-law No. 79-200, as amended. (AM-26/2002, Robert James Craig) 2002-152 To amend By-law No. 2002-129, being a by-law to provide for the control of animals within the City of Niagara Falls. 2002-153 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 by- laws. 2002-154 To establish part 4 on Reference Plan 59R-11798, as a public highway, to be known as and to form part of Beaver Dams Road. 2002-155 To establish part 7 on a draft Reference Plan, as a public highway, to be known as and to form part of Beechwood Road. 2002-156 To amend By-law No. 79-200, as amended. (Re: AM-28/2002, John Pinter) 2002-157 2002-158 2002-159 2002-160 2002-161 2002-162 2002-163 2002-164 2002-165 2002-166 2002-167 2002-168 2002-169 -9- To establish Part of Lots 81 and 127 Plan 283, as a public highway, to be known as and to form part of Ellis Lane. To establish Part 3 on Reference Plan 59R-11795, as a public highway, to be known as and to form part of Ridge Road and Morris Road. To establish Part2 on Reference Plan 59R-11314, as a public highway, to be known as and to form part of Dunn Street. To authorize a Discharge of Charge/Mortgage No. 75254 to The Young Men's Christian Association of Greater Niagara from The Corporation of the City of Niagara Falls April 2, 1998. To amend By-law No. 91-232, as amended, being a by-law to accept Letters of Credit. To establish Blocks 13 & 14 on Plan No. 59M-297, as public highways, to be known as and to form part of Kalar Road. To establish Blocks 15 & 16 on registered Plan M-297, as public highways, to be known as and to form part of Kalar Road. To authorize the execution of an Agreement with A. Bill McGee Company Limited respecting the offer by said A. Bill McGee Company Limited to provide monies to the Corporation of the City of Niagara Falls to have a playspace structure installed in Cherryhill Park. To stop up and close part of the road allowance designated as Part 15 on a draft Reference Plan in the City of Niagara Falls, in the Regional Municipality of Niagara. To amend By-law No. 2001-001, being a by-law to provide for appointments to certain Boards, Commissions and Committees. To authorize monies for General Purposes (September 16, 2002) (HANDOUT) To amend By-law 79-200, as amended. (Re: AM-30/2002, Tree Protection and Reduced Front Yard Setbacks, Brookefield Court Subdivision. To adopt, ratify and confirm the actions of City Council at its meeting held on the 16h day of September, 2002. NEW BUSINESS Canadian Cancer Society Soci6t6 canadienne du cancer NINU, F~ILL~ uLEKks tj~ OS'L-, 15,~o Niagara Unit 509 Glendale Avenue East, 3rd Floor Niagara-on-the-lake, Ontario LOS UO Telephane: 905-684-6455 Facsimile: 905-684-824 l Dunnville: 905-774-229 I Grilnsby: 905-945-0247 Office of the City Clerk City of Niagara Falls Ontario, Canada Dear Mr. Iorilda Hello Dean Breast Cancer affects all of us. We all know someone, a co-worker, family member neighbor or friend that is affected by this dreadful disease. October is Breast Cancer Awareness month and also the month of the Canadian Cancer Society's Pink Ribbon Campaign, I am asking that the Niagara Falls Branch of The Canadian Cancer Society be allowed to come to council on September)z~to give a quick presentation to Mayor Wayne Thomson and council, /6 · Together we can work together to make cancer history, The Pink Ribbon Campaign is very important in our fight against Breast Cancer. We would like to ask Mayor Thomson to proclaim Oct as Breast CANCER awareness month and to ask the residents of this city to support our pink Ribbon Campaign, but most of all for him and council to urge all women to go for their mammograms, Breast Cancer is preventable and treatable. Education and new t~hnology can help significantly to reduce death from breast cancer. Niagara Falls Branch Canadian Cancer Society 905-374-7895 905-324-4259 cell ~ 1-888-939-33.;J3 * www,cancer.ca \ ~lfi~f ~miuietratiu~ ®~r September 16, 2002 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: CAO-2002-07 - Jolley Cut RECOMMENDATION: 1) 2) That Council consider the motion approved by the Niagara Parks Commission on the Jolley Cut at its August 16, 2002 meeting; and That Council provide direction to Staff. BACKGROUND: At the City Council meeting of April 23, 2001, Canadian Niagara Hotels (CNH) requested that the City sell the unopened portion of Robinson Street (Jolley Cut). This request has been made in order to merge these lands with the parcel of land immediately to the south which is owned by CNH. CNH is of the opinion that merging the lands will allow for a more satisfactory building layout. The proponent has suggested that the new proposed layout would be less intrusive on the moraine and would provide better site lines for the neighbour to the north. CNH has proposed to relocate the upper section of the Jolley Cut onto lands owned by HOCO and tie in with the existing Jolley Cut at the lower end, owned by NPC. CNH has also indicated that it wishes to be fully responsible for improvements, maintenance and liability costs. In August 2001, staffwas authorized to initiate a public process to close the unopened portion of Robinson Street and further that Council support in principle the proposal put forward by CNH. This action was subject to the proponent successfully complying with the conditions listed in report CS-2001-08 (attached). September 16, 2002 - Page 2 - CAO-2002-07 In December 2001, Council accepted the Niagara Parks Commission's recommendation that the City and the NPC undertake a planning review of the Jolley Cut that would include public and private stakeholder input and that this study be conducted at no cost to the City. Council authorized staff to work with the NPC to develop a Terms of Reference for a planning review of the Jolley Cut. On February 11, 2002, Council reviewed the Terms of Reference for the Jolley Cut planning study. Since that time, the public has expressed concern regarding the relinquishing of public lands for private development. A petition is on file in the Clerk's office and is available for review. The Niagara Parks Commission has discussed this issue on several occasions. At its August 16, 2002 meeting, a computer modelling was presented, prepared by Niagara College, addressing this issue. As a result of the public opposition and the information provided through the computer modelling, the Niagara Parks Commission passed the following motion: That the Niagara Parks Commission advise the Niagara Fails City Council that it does not endorse the development of the Jolley Cut as proposed and further advise that the NPC is prepared to take the transfer of the unimproved portion of Robinson Street from the City of Niagara Falls for a nominal consideration. As a result of the above motion and for your information, the computer modelling prepared by Niagara College is being presented to Council this evening. Attachments JM:kk R:\COUNCIL~2002 Repor~s\CAO-2002-07 - $olley Cut.wpd Respectfully submitted: John MacDon~~ ~ inis itivl Communl~/Services Department The City of 434o Queen Street ll a . P.o. Box,023 Nlogoro Foils Niagara Falls, ON L2E 6X5 , web site: wvM.city.nlagarafalls.on.ca Tel.: (905) 358-7521 Fax: (905) 357-9293 E-mall: Jmacdona~city.niagarafalls,on.ca CS-2001-08 John MacDonald Executive Director August 7, 2001 His Worship Mayor Wayne Thomson and Members of thc Municipal Council City of Niagara Falls, Ontario Members: re: CS-2001-08 - Jolley Cut Recommendation: IThe recommendation(s) contained In this report were adopted by City Council 1) That Council authorize staff to initiate the public process to close the unopened portion of Robinson Street, and further 2) That Council support, in principle, the proposal put forward by Canadian Niagara Hotels to purchase thc unopened portion of Robinson Street, known as the $olley Cut. This action would be subject to the proponent successfully complying with the conditions listed below. Background: At the City Council meeting of April 23, 2001, Canadian Niagara Hotels (CNH) requested that .the City sell the unopened portion of Robinson Street ($olley Cut). This request has been made in order to merge these lands with the parcel of land immediately to the south which is owned by CNH. The property to the south is currently zoned for a 27-storey hotel. CNH is of the opinion that merging the lands will allow for a more satisfactory building layout. The proponent has suggested that the new proposed layout would be less intrusive on the moraine and would provide better site lines for the neighbour to the north. The Jolley Cut provides a major access to Queen Victoria Park. In order to maintain this access, CNH has proposed to relocate the upper section of the Jolley Cut onto lands owned by HOC0 and tie in with the existing $olley Cut at the bottom, owned by NPC. In addition, the proposal calls for a stair tower or elevator and pathway improvements fi.om top to bottom. The proponent has indicated that he will take full responsibility for the improvement, maintenance and liability costs. As a result of this proposal, staff facilitated two meetings with interested stakeholders in the Fallsview area to solicit on the proposal. In addition, written submissions were invited. [Forking Together to Serve Our Community Municipal Works · Fire Services · Parks, Recreation & Culture · Business Development · Building & By-Law Services CS~2001-05 - $olley Cut August 7, 2001 -2 This consultation process identified several concerns which must be addressed before final approval is granted for the proposal. .In summary, the stakeholder concerns can be summarized as follows: unfettered, free "Public Access" improv¢iaents to the pathway from top to bottom public "control" over fight-of-way and mechanical devices (elevator) $olley Cut improvements are a public responsibility and should be shared with area landowners protection of thc environmental issues and moraine management plan In addition to the issues mentioned above, Council should be aware that Mr. George Yerich, of the Skylon Tower, suggested an alternative to the CNH proposal. Mr. Yerich's proposal suggested that the Jolley Cut be relocated on the south side of CNH's property and that the pathway run east fi~om Robinson Street. Subsequently, Mr. Yerich suggested that a link should be created on both the north and south sides of the existing $olley Cut. In addition, CNH was requested to consider a north-south link above the top of the bank, as provided for in the Official Plan. Both of Mr. Yerich's alternatives would require land conveyance by CNH and a possible purchase of land by CNH from HOCO. Each of the alternatives was considered by the proponents and deemed to be unsatisfactory. Another important issue which has been discussed is the fact that no detailed plans of the CNH hotel development have been brought forward. Therefore, it is impossible to determine how the new development will fit with the City's Official Plan and related planning policies. Thc expansion of land for thc purpose of seeking additional hotel development rights will require rezoning. As a result of the rezoning process, detailed information will be reviewed. During this process, issues regarding other park linkages and hotel size will be addressed. At this time, staffis considering the issue of an unopened road allowance and the implications of closing the road allowance, selling it, and the direct implications of this action. If Council accepts the recommendation in this report, a public process will be undertaken to close the road allowance. The process will provide additional opportunity for public input. CS-2001-08 - Jolley Cut August 7, 2001 -3 Conditions for Approval: provide guaranteed public access by means of an easement on title enter into a maintenance agreement for the Jollcy Cut from top to bottom final design plans must be acceptable to the City and NPC a moraine management plan must be acceptable to the City and N-PC proponent provides a north/south pedestrian link colzllecting the Skylon property to the HOCO property pay full market value for the existing unopened road allowance pay all related costs Presently, the Jolley Cut is in need of major improvement and enhanced maintenance. While the entrance from Robinson Street is not easily identified, the Jolley Cut is used extensively by the public. All stakeholders agree that this link to Queen Victoria Park is important for the Fallsview area and should not be restricted in any way. The issue in dispute may be whether an easement for public access will serve the same purpose as public ownership. Council will be asked to decide whether public ownership is essential, in this ease. The recommendation in this report is based on staffopinion that this proposal has potential to be a win-win situation for the City, the Public and the Private Sector. Council can divest itself of an asset which will require substantial capital investment over the next few years. The City will also incur savings in ongoing maintenance. In addition, the sale of the land will result in funds which can be utilized for other City priorities. The Private Sector will have a larger property for development which will provide additional economic impact through jobs and taxes to the City. The public will benefit from an enhanced linkage between the Fallsview area and Queen Victoria Park. The proposed elevator will allow easier access for the disabled and the elderly. John MacDonald Executive Director of Community Services JM:kk Respectfially submitted: Edward P. Lustig/~// Chief Administrative Officer Fl:ILLS City Clerk Mayor Wayne Thomson Members of City Council John Macdonald Planning Department Kirldand Group Niagara Parks Commission August 1,2002 City Hall P.O. Box 1023 Niagara Falls Ontario L2E 6X$ New Jolley Cut Petition Total August 1, 2002 Please add the additional 287 names to the petition akeady on file. The total names of residents on the petition now totals 5136. The process of petitioning for continued City ownership of the Jolley cut is continuing, since this matter has not been resolved as of Aug 1, 2002. The Residents for Public Ownership of the Jolley Cut will continue to advocate for continuing public ownership until the matter is resolved. We would like to also know the present status of CS-2001-08 recommendation on the Jolley Cut, August 7, 2001 and request a reply to this question in writing to the address below. Please forward a copy of this letter to all the parties listed above Residents for the Public Ownership of the Jolly Cut Jim Brown 3404 SI~.~. ~ Ave L2J 2Y1 j- PLEASE NOTE THAT A COPY OF THE I PETITIONS ARE AVAILABLE FOR VIEWING IN THE CLERK'S DEPARTMENT. 905.~56-195! t. IIRG. FRLLS CLERKS September 13, 2002 4395K~nlAvenue Niagara Falls. Onlario LZH IJ1 lei. 905.351.4441 His Worship Mayor Wayne Thomson And Members of the Municipal Council . City of Niagara Falls, Ontario Dear Members of Council: Re: Robinson Street Hotel Development Our Firm has be~n retained by Canadian Niagara Hotels and is currently in the midst of completing Site Plan approval documents, for their present Robinson Street Development, for submission into the City. These Documents are being completed on property owned by CNH and does not include lands known as the Jolley cut. We have met on numerous occasions with City planning staff to discuss this project in depth. We have just been made aware yesterday via a faxed letter, of a Motion, which will be presented to Council. This has been passed by the Niagara Parks Commission and in essence state; They will not endorse the development of the Jolley Cut as proposed and further NPC Is prepared to take the transfer of the unlmproved portion of Robinson Street from the City of Niagara Falls for a nominal Consideration. We strongly feel that this motion does not ad&ess key and critical issues, which include a full and proper consultants report on this matter, along with the opportunity for Municipal Slaff review and recommendations. This report must clearly deal with the long standing issues including, continued Public access to the Park, identification of appropriate entrance, impact on the Fallsview Area and the notion of the Grand Boulevard to name a few. [IIRAINO + EIAIMONDO ASSOI:IAI[ ., Architect ~rawing* o~ lil~ £O/aO'd I,HD~H O(INOHIH8 + ONI~Id 6£:aI £~'d The opportunity to present a proper consultants report on this matter will give all appropriate stakeholders opportunity to p~rticipate in this process. We ask that the Members of Council consider the deferral of this motion so that the time to prepare an appropriate consultants report for the benefit of both Staffs review and the neighboring stakeholders participation is included. Should Council wish not to defer this motion, then we would like the opportunity to speak to the motion at this up comiu/Council meeting. Yours truly~ tects Inc, Emilio Raimondo .... OAA, MRAIC, B,ES, B. Arch IIlRAINP + ITIAIMONDO ASSOCIAT[ £0/£~'d I,HD~U OfiNOWIUH + ONIUHId 6£:E~ E00U-£T-dBS 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 September 16, 2002 Doug Darbyson Director PD-2002-87 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD-2002-87, Zoning By-law Amendment Application AM-24/2002, Bridgewater Street & Main Street Applicant: K. Dianne Chopp Proposed Bed & Breakfast Accommodation RECOMMENDATION: It is recommended that: 1) Council approve the Zoning By-law amendment application to permit a proposed dwelling to be used for a tourist home (bed and breakfast) containing not more than two rooms for tourists; and 2) the amending by-law be tailored to ensure that the dwelling is oriented toward Main Street as detailed in this report. 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 breakfast) containing up to two bedrooms for tourists. Schedule 2 illustrates the details of the proposal. The land is currently zoned Single Family lC Density (R1C). 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. In addition, the front, rear and exterior side yard setbacks are proposed to be modified site specifically to enable the dwelling to be oriented toward Main Street. Working Together to Serve Our Community Clerk's Finance · Human Resources · Information Systems · Legal · Planning & Development September 16, 2002 - 2 - PD-2002-87 BACKGROUND: This application was previously considered by Council at its meeting of August 12, 2002 (refer to the attached report, PD-2002-75, for further detail). At this meeting there were some concerns expressed about the proposed use and the proposed site specific setbacks. Council deferred the application to seek further clarification from staff about the proposal. There appear to be four general issues that Council was concerned with, as follows: · a bed and breakfast being considered for the property a year after this use was removed; · the designation of the bed and breakfast; · the inclusion of setback modifications in the public notice; and the setback modifications impact on the surrounding neighbourhood and the immediate neighbour to the southeast. A bed and breakfast being considered for the property a year after this use was removed. Site specific Zoning By-law No. 97-136, adopted in 1997, permitted the existing dwelling at 3552 Bridgewater Street to be used as a bed and breakfast. It was not the intent of this by- law that the use be transferred to any new dwelling built on parcels severed from 3552 Bridgewater Street. In 2001, the subject parcel was severed from 3552 Bridgewater Street. As a housekeeping matter, a condition of the above noted consent was that an amending by-law (No. 2001-170) be adopted to limit the bed and breakfast use to the existing dwelling at 3552 Bridgewater Street. Any proposed bed and breakfast use on the subject land would require a new amending by-law. Although it may appear that a bed and breakfast use is being reconsidered a little over a year atter it was deleted from the subject land, the use was deleted from the subject land to maintain the intent of By-law No. 97-136, not because the use was inappropriate for the land. 2. The designation of the bed and breakfast. From comments made by the public at the August 12th meeting, as well as written comments submitted for this hearing, it appears that the public have a concern about a bed and breakfast locating on this property. The bed and breakfast would be located at the fringe of a residential neighbourhood with easy access out to Niagara Parkway and impacts on the residential neighbourhood would be minimal. The size of the bed and breakfast would be restricted to two bedrooms for tourists, which would be of a modest size and would have a limited impact on traffic. The current zoning for the property (and all single family residential properties) would allow up to two boarders in a single family dwelling, generating as much traffic as the proposed use. The September 16, 2002 -3- PD-2002-87 location of this bed and breakfast would be within the intent of the Official Plan, and the use would have a minimal impact on traffic. There have been a number of bed and breakfasts approved in recent years and the site is as appropriate as these other bed and breakfast sites. 3. The inclusion of setback modifications in the public notice. Concems were raised that the public notice did not address the modifications to the setbacks being recommended in the report. Notice for the August 12t~ public meeting was given on the basis that the subject land was an interior lot and no site specific setbacks were required. The parkland area to the northeast of the subject land is the key, if this parkland is part of the road allowance, then the subject land is a comer lot, and site specific setbacks to accommodate the proposal would be necessary. Although the matter of whether the subject land was an interior lot or a comer lot was discussed as part of the severance application, there was no formal confirmation of the parkland being part of the road allowance. On receipt of the current application, the property was processed as an interior lot, with a normal building envelop. However, on August 1st staff received formal confirmation form the Niagara Parks Commission that this parkland area was actually part of the road allowance, and therefore the subject lands fell under the definition of a comer lot. This confirmation was received well after the first public meeting notice was published. There was no intent on the behalf of staff or the applicant to mislead Council or the public. Regardless of the earlier ambiguity of the nature of the relief required for the subject lands, a public meeting notice has been recirculated indicating that modifications to the front, rear and exterior side yard setbacks are proposed to enable the dwelling to be oriented toward Main Street. All requirements for this public meeting have been met. Do the setback modifications impact on the surrounding neighbourhood and the immediate neighbour to the west? There have been concerns raised by the neighbour living at 3552 Bridgewater Street about the reduction in the rear yard setback on the subject land. The reduction in the rear yard setback from 7.5 metres (25 feet) to 3.0 metres (10 feet) would mean the proposed dwelling would be located closer to her property. The reduction is necessary to orient the dwelling onto Main Street. Based on current definitions, the front lot line would be on Bridgewater Street. However, regardless of where the zoning by-law determines the lot frontage to be, development of this lot will likely be oriented to Main Street, and the lot would function as an interior lot. Driveway access would not be possible across the parkland to the northeast or anywhere along Bridgewater Street and fronting the dwelling onto the Parks Commission lands is simply not logical. Fronting the dwelling onto Main Street with proper driveway access gives a better opportunity to design the dwelling in a manner consistent with existing development and good planning. This lot is a unique situation which an area wide zoning by-law cannot appropriately address. The yard abutting 3552 Bridgewater Street would function as a side yard and a 3-metre (10- foot) side yard would be larger than the standard 1.8 metre (6 foot) side yard required by the September 16, 2002 -4- PD-2002-87 zoning by-law. One of the reasons a rear yard setback is a larger setback is to provide amenity space. On the subject lands the yard along Bridgewater Street north of the proposed dwelling would provide ample amenity space. This yard would become the functional rear yard, not the yard abutting 3552 Bridgewater Street. The applicant, Dianne Chopp, has made significant modifications to her proposal to alleviate the concerns of this neighbour. The proposed setback from this lot line has been increased from 1.8 metres (6 feet) to 3.0 metres (10 feet). With activity being oriented toward Main Street at the northeast side of the subject lands and with ample amenity space northwest of the dwelling, impacts on the neighbour's property should be minimized. In conclusion, the proposed setback modifications are intended to reduce the impact on the surrounding neighbourhood by orienting the dwelling to Main Street (similar to many of the dwellings on this stree0 and impacts on the neighbour's property should be minimized by the provision of amenity space behind the proposed dwelling. CONCLUSION: With a recirculation of the public notice and a review and clarification of issues brought up at the August 12a public hearing, it is anticipated that concerns about this proposed tourist home are addressed. The request to site specifically add a tourist home (bed and breakfast) with not more than two units, as a permitted use under the R1C zoning, is appropriate. Staffreport PD-2002-75, addressing this application for the August 12~ public hearing, is attached for further reference. Prepared by: Planner 2 ,l~spectfully submitted: onald L/ Chief Administrative Officer Recommended by: on Director of Planning & Development Approved by: Executive Director of Corporate Services Attach. FILE: S:~PDR~2002~PD2002-87, AM24-2002, Chopp, Bridgewater & Main.wpd 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 t KEY PLAN.,,%~ CITY OF NIAGARA FALLS PART 2 ,~EA,= 11799aq.ft SCHEDULE 2 ¸97' PART 1 66sq.ft I PORCH 139.94' "~ "RESIDENTIAL" O LINE BETWEEN LOT "A" AND J. CUMMINGS The City of 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-2002-75 August 12, 2002 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 hreakfasO containing not more than two room.q for tourists; and 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 25 !, further.described as Part 1 of Plan 59R-I 1509, as shown on Schedule 1. The amendment is requested to permit a proposed dwelling to be used as a tourist home (bed and breakfast) containing up to two bedrooms for tourists. Schedule 2 illustrates the details of the site. The land is.currently'zoned.Single Family i C Density (RI C), Tho zoning is requested to be amended site specifically to permit a dwelling on'the land to be used as a tourist home conta/nlng 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 & Developmenl 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, pwvided vehicular access to the property is from Main Street only. · Parks, Recreation and Culture No objections. · Municipal Works There is sufficient right of way wMths On Bridgewater Street and Main Street to service the City's future needs. Existing underground services and sidewalks are sufficient to seivice the proposal. The applicant is to pay the applicable development charges at the time of building permit issuance. PLANNING REVIEW: Trio 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 Pla~ Lands under this designation are intended to be predominantly us~l for dweliing 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 bo 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 noighbourhood. ~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 t0the Niagara Parkway and an increased setback fi-om the southwest lot line in or'let to minimize impacts on the adjoining residence. 2. The requested amendment is appropriate for the site. The property is zoned RI C as are the surrounding single detached residences. The applicant lias requested site specific provisions to be added to tho R1C zoning to permit atwo,room bed and breakfast. Tho mending by-law will add a tourist home as a permitted use and will restrict the tourist home to two rooms. -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 propen'Y fronts onto Main Street. However, under tho interpretation of the By-law 79- 200, the fi-enrage would be tho noxtheast lot line, as this is the shortest lot line on the comer lot. Access is permitted only l~om Main Street. Most 0fthe dwel .lh!gs 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 flora Main Street and Bridgewater Street similar to'those ora front yard and rear yard. It is recommended that the exterior side yard setback from Main Street be increased to 6 metres (20 feeO from 4.5 metres (15 feet). Additionally, there is a requirement for an additional setback from Main Street to accommodate a future ~oad 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 bo increased to 6.0 metres (20 feet) from 4.5 metres ( 15 feet). It should be noted that this would bo a bit less than a normal rear yard setback of 7.5 metres (25 feet). However, due to the irregular shape oftbe 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 thc garage) with direct access to Main Street. Thc rear yard setback should be reduced to 3.0 metres (10 fee0 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 of1.8 metres (6 feet). The above noted standards would encourage thc 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 fi.om being transferred automatically to the new lot, the lot has sufficient size and is a good location for a tourist home. Staffhave 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 tho Official Plan respecting bed and breakfasts; · The proposed site specific setback requiromonts would promote development consistent with thc surrounding area; 'There is sufficient lot area for parld"g sad amonity space; and The request to sito specifically add a tOurist homo (bed and breakfast) with not more than two u~its, as a permitted use under the R1C zoning, is appropriate. Prepared by:. Planner 2 Respectfully submitted: ~Cer Recommended by:. Doug Darby~on Director of Planning & Dovelopmont Approved by:. ' Tony Ravonda Executive Director of Corporate Services .Attach. $:~DRL2002~D2002-75, AM24-2002 Bridgewater $1~-t and Main Stteet.wpd SCHEDULE 1 LOCATION MAP Subject Property Amending Zoning By-law No. 79-200 Part of Lot "A" Plan 251, further described as part I of Plan 59R-11509 Applicant: K: Dianne Chopp AM-24/2002 t K~Y PLAN~% CITY OF NIAGARA FALLS SCHEDULE 2 -PART 1 AREA=7966sq.fi ~}'. ? I PORCH PART '2 AREA~ 11799.q.ft --,,, ,).ow~t:p~. ,. · ,No. ~,~.'.- ~ "RESIDENTIAL" © LINE BETWEEN LOT "A" AND ~I. CUMMINGS £S0. September 10, 2002 City Clerk City of Niagara Falls City Hall 4310 Queen Street Niagara Falls, Ontario RE: Re Zoning Application City File AM-24/2002 Dear Sir: In regards to the above-mentioned application to amend By-Law 79-200 we the petitioners are opposed to the application and do hereby give notice as to our objection before September 1 I, 2002 as stated in the notice. A copy of thi~ petition has also been delivered to Mayor Wayne Thomson on this day. Sincerely The Residents of Chippawa Niagara Falls, Ontario PI.. NNING MEETIN( PETITION AGAINST RE-ZONING APPLICATION CITY FILF.: AM-24/2002 C3T~.N$ OF _r~n~AWA - NIAGARA F,~.L~ ONTAI~O YOUR WORSUIP, MEMBERS OF COUNSEL: WE ~ UNDERSIGNED ARE OPPOSED TO ~ REZONING OF THE PROPERTY KNOWN AS PART OF LOT "A" PLAN 251 FURTHER DESCI~IRED AS PART OF PLAN ~9R-11509 IN ~ CITY OF NIAGARA F,~l.l~q, FROM RESIDENTIAL 1 TO TOURIST HOME {BED 7 Bl~AKFAST }, AS WELL AS ANY OTHER REZONING FOR SUCH PUILPOSES IN OUR RESIDENTIAL 1 AREA. WE ASK TI]EREFO*'RE TO TAKE OUR WISHES INTO CONSIDERATION WHEN THE APlq~ICATION IS DEALT WITH AGAIN. SINCERELY YOURS THE UNDERSIGNED. N~ ADDRESS CITY PHONE ., OtT¥ PETITION AGAINST RE-ZONING APPLICATION CITY FILI~,: AM-24/2002 ~S OF cmPPAWA - NIAGARA FALLS. ONTARIO YOUR WORSITIP, MEMBERS OF COUNSEL: WE ~ UNDERSIGNED ARE OPPOS~.D TO ~ REZONING OF ~ PROPERTY kNOWN AS PART OF LOT "A" PLAN 2~1 FURTITI~.R DF, SCRIBI~ AS PART OF ~ b'9R-I 1~09 lN THE CITY OF NIAGARA F.~LLS, FROM RESIDENTIAL 1 TO TOURIST HOME {BED 7 BREAKFAST }, AS W~.t.t. AS ANY O~ la~.VONlNG FOR SUCH PURPOSES IN OUR WE ASK TuEI~EFORE TO TAKE OUR WISHES INTO CONSIDERATION ~ ~ APPLICATION IS DEALT WITH AGAIN. SINCERELY YOURS ~ UNDEI~IGNED. NAME ADDRESS CITY ' PHONE P~TITION AGAINST _RF~-ZONING APPLICATION CITY FILE: AM-24/2002 CITIZENS OF CHIPPAWA - NIAGARA FALLS. ONTARIO YOUR WOR~qUIP, MEMBERS OF COUNSEL: WE ~ UNDERSIGNED ARE OPPOSED TO ~ REZONING OF THE PROPERTY ~OWN AS PART OF LOT 'A' PLAN 251 FURTHER DESCRIBED AS PART OF I'LAN 59R-11509 IN THE CITY OF NIAGARA F,~T,I',.~ FROM RESIDENTIAL 1 TO TOURIST HOME [BED 7 BIa~AKFAST }, AS WE!,L AS ANY OTm~R BEZONING FOR SUCH PURPOSES IN OUR RESIDENTIAL 1 WE ASK Tui~REFORE TO TAKE OUR WISU~S INTO CONSIDERATION WU~N TUF~ APPLICATION IS DEALT WITH AGAIN. SINCERELY YOURS UNDERSIGNED. NAME ADDRESS CITY PHONE City Hail 4310 Queen Street, Niagara Falls, Ontario. L2E 6X5 Attention: Director of Planning and Development Reference: City File AM-24/2002 September 8, 2002 7948 Sarah Street, Niagara Falls, Ontario. L2G 6T5 I am writing to express my opposition to the proposed amendment, to Zoning By-law No. 79-200, to allow for the building and permitting ora tourist home at the intersection of the following four streets - Main, Sarah, Bridgewater, and Niagara Parkway. My concerns are as follows- A) This is a very busy intersection during the summer months and having a tourist home at this location will only add to the confusion and safety of tourists trying to figure out where they are trying to go and aiso the safety of the locai residents. The home may have limited rooms but tourists will be driving in and out to get room rates, check for vacancies, etc. At the present time there is aiready a Bed and Breakfast adjacent to this proposed location. What is the logic for an additionai change for an area presently zoned Single Family lC Density (R/C)? B) The majority of people that live in the area, that I have taiked to, do not want the zoning changed to ailow another tourist home to be installed at this location. The people who purchased this site with the intent of building a tourist home had a responsibility to pursue approval before making that commitment rather than after the fact. Mr. H. Dawson RECEIVED SEP I E 2002 PLANNING & DEVELOPMENT Paul N. Krowchuk Barrister & Solicitor 3700 Main St~t Niagara Falls, Ontario L2G 6A8 Telephone: (905) 295-9995 Fax: (905) 2954037 FAX COVER SHEET FAX NUMBER ,T~SMITTED TO: 905-356-2354 DATE: S~P. 11/02 TO: D~ector of Planning and Development OF: FROM: C~Y Of Niagara Falls P~I Krowchuk CLIENT/MATTER: City File AM-24/2002 RECEIVED SEP 1 12002 PLANNING & DEVELOPMENT COMMEivrs: Piease f0ad enclosed a copy &the petition regarding the above matt~-, which has al~o been delivered to the Mayor and Clerk. I would ask that this be included w/~h the written ~onunents. 0ral submissions will also be made at the Council M~ting of September 16, 2002, NO. OF PAGES*: **ORIGINAL WILL NOT FOLLOW BY MAll,** NOTICE: Tlg information eon~i.n.~ in this facsimile n~ssagc is solicitor/client privileged and contains confi.dential/nformati~ int~nde~l otlly for rig us~ of the person or eafity named h~min. Any oth~ distribution, .copymg or disclosure!is strictly prohibited. If you have received this communic~on in eh'or, please notify us immediately by telepliono and destroy or return the trammission by mail. ' * NOT COUNTING COVER SHEET. IF YOU DO NOT RECEIVE ALL PAGES, PLEASE TELEPHONE US IMMEDIATELy AT (90~) 295-9995, PLAJ~iNINGII~EETIflG ~,~ 1~ The Niagara Parks Commission E0. Box 150, Niagara Falls, Ontario, Canada L2E 6T2 Web Site: www.niagaraparks.corn Ontario Brian E. Merra~ ~ai~an John Kemahan Engineering Phone: 9051356.2241 Ext. 215 Engineering Fax: 9051356-7262 E-Mail: npceng@niagaraparks.com September 12, 2002 Mr Doug Darbyson, Director of Planning City Hall 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Dear Sir: RE: ZONING BY LAW AMENDMENT APPLICATION AM-24/2002 PART 1, PLAN 59R-11509 Thank you for notification of this application. As indicated in our July 12, 2002 response to this application, The Niagara Parks Commission has no obiection to the proposal provided vehicular access to the site is restricted to Main Street only, and the owners apply to the Commission for any signage that they may require. The revised plans received on August 26, 2002 show parking along park lands on the north side of the proposed residence. The Niagara Parks Commission has a policy of not allowing the parking of cars for B&B establishments facing the Parkway. We suggest that the house plans be flipped, thus having parking away from the park land and giving the homeowner a sunroom which faces the natural view toward the Niagara and Welland Rivers. The Niagara Parks Commission also has concerns with the placement of the driveway so close to the intersection of Main Street and the Niagara Parkway. The proposed location may not meet traffic safety standards for visibility with vehicles coming around the curve off of the Niagara Parkway. The Niagara Parks Commission would appreciate a copy of your decision. Yours truly, Dave Gillis Manager- Planning & Properties p~ING MEETIN{~ ~ RECEIVED ~ SEP 1 2 2002 ..... PLANNING & DEVELOPMENT 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-2002-90 September 16, 2002 His Worship Mayor W. Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD-2002-90, Supplementary 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 a 12.39 hectare (30.62 acre) site into 91 single-detached lots, 19 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 to Garner Road, 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 church and high school. There is one lot with direct access to Garner Road. The plan has been revised from the previous submission to Council and Schedule 2 illustrates the proposed subdivision layout. Working Together to Serve Our Community Clerk's Finance Human Resources Information Systems Legal Planning & Development September 16, 2002 -2- The site is currently zoned Development Holding (DH) thrm The applicant has requested the zoning of the land be chan~ Density (R1E) zone for the single-detached lots, to the Res (R2) zone for the semi-detached lots, and to provide a spe~ of the plan. The zoning requirement for an additional ~, requested to be removed. The Institutional zoning would temporary care and associated office space, with site Sl standards. The preliminary site plan for this institutional shown on Schedule 3. BACKGROUND: These applications were deferred at the Council meeting h{ consultation with surrounding property owners (original [ Concerns were expressed with the alignment of the east-we,TM development on adjacent land and stmmwater managemen Staff met on August 20, 2002 with the developer and prol future development in the northwest area of the subdivisi Garner Road, Futino - 6916 Garner Road, Bedard - 695 establishing a collector roadway to Garner Road and the ne of the different property owners was stressed by staff. Repn no interest in development at the present time. Both Mr. & intend to develop the rear portions of their respective prope the plan design recommended by staffreduced the number o Bedard stated he was willing to sell his land for developmei between staff, the developer and these affected landowners The developer advised the City on Thursday, September reached to purchase the majority of the Bedard property - 1 to be retained by Mr. Bedard. The revised draft plan was als{ connection to Gamer Road. Copies of the plan were prov owner (Wojnarowski) directly south of the proposed road. with the relocated road and potential lotting on his land. Mr to this road alignment. The Planning Act requires that a Public Meeting be held to prior to making a decision. Council held the Public Meeti required Public Meeting for the zoning amendment is s~ provides another opportnnity for public comment. PLANNING REVIEW: Various matters were considered in assessing the prop~ amendment. Based on this analysis, approval is recommend urban development. The review of the applications is addr PD-2002-90 [gh Zoning By-law 79-200, as amended. ;ed to the Residential Single Family 1E dential Single Family and Two Family .,ial Institutional (I) zone for Block 111 >ecial setback from McLeod Road is 3ermit a residence for emergency and ecific building setbacks and parking ase with frontage on McLeod Road is =Id on August 12, 2002 to allow further .ecommendation Report PD-2002-82). ~t collector road, implications for future :issues. ~erty owners that have vacant land for )n (German Village, Naujokas - 6894 2 Garner Road). The importance of :d to coordinate the development plans :sentatives of German Village indicated Mrs. Futino and Mr. & Mrs. Naujokas :ties. Specifically, the Futino's felt that Plots they anticipated on their land. Mr. t. There have been several discussions subsequent to this group meeting. 12, 2002 that an agreement had been md containing the existing dwelling is , submitted on this date showing a street ded to the Futino's and to the property Mr. Futino had no adverse comments Wojnarowski has indicated objections receive input on subdivision proposals ag for this plan on July 15, 2002. The fisfied through tonight's meeting and ~sed plan of subdivision and zoning ~d subject to conditions associated with .~ssed under the following headings. September 16, 2002 - 3 - PD-2002-90 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. 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 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 no multiple residential units approved thus far in the neighbourhood. 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 in the area should include townhouses and/or apartments in accordance with location criteria. This subdivision expands the existing stormwater management area that was constructed in keeping with the Secondary Plan and Warren Creek Watershed study recommendations. The strategy of the Watershed Plan is a phased implementation of an open channel drainage system. Municipal Works staff met with the landowner south of McLeod Road (Mr. Badger) to discuss concerns regarding drainage impacts on his site. Staff will continue to work with downstream property owners to ensure that any short term impacts during construction in the area are sufficiently mitigated. Subdivision Design In November 2001, severances and a zoning mnendment were approved for the proposed church and high school on McLeod Road. Approval of these two large uses determined the general alignment of the collector roads (the extension of McGarry Drive and the north-south Street "A"). The establishment of a collector roadway to Garner Road is essential to provide proper vehicle and September 16, 2002 -4- pedestrian connections to and t~om the internal neighbourh a street out to Garner Road given existing dwellings. The S{ at Lot 1 I0 and also south of the hydro corridor. The locati linkage to McGarry Drive as desired and is too close to the 1~ disperse traffic. There is a Provincially Significant Weth imposes environmental restrictions for a road in that locati, The revised plan achieves the goal of a collector roadway c McGarry Drive is located on vacant land between two exi. Road and Wojnarowski - 7000 Garner Road). The required: is provided. This dimension allows for adequate roadway pl and grassed boulevards. The garage and driveway area of th south are located next to the proposed road thereby mi connection is provided to allow the integration of the land l an internal cul-de-sac design. The developer has requested of the subdivision be reduced in size in order to include an land to be retained by Mr. Bedard. This lot is still very larg land to the north to create several lots of a more typical urb The relocation of the park previously proposed at the west 1 the collector roadway to continue out to Garner Road. The r~ is 0.619 hectares (1.53 acres) in area which is smaller than park is central to the neighbourhood and has frontage on th the benefit of being adjacent to the proposed recreational tt area. Access is also to be provided from a future street tc developer. The smaller park size is acceptable to staffin th parkland dedication requirement of this plan. The City will of the developer in Garner Estates Phases 1 to 4 to determi~ Traffic generated by development in the Garner Neighbor arterial and major collector road system (McLeod/Gamer/g requested that the developer contribute to the preparation of are required throughout the subdivision and on McLeod Roa~ to the schools and other facilities in the area. Residents on provided full municipal services when available. The deve services to these homes and sewer connections will be inco plan. Fencing is a normal condition where a subdivision sun fencing is requested around the expanded stormwater deten the church. The developer has advised that a fencing requir, to sell the land to the school and church. A landscape plan/fi Road frontage. Zoning Amendment - Single & Semi-Detached Lots The requested change to the R1E classification for the sin~ permit minimum lot sizes of 370 square metres (3,983 squar~ (39.4 feet) in frontage. This is the same zoning category PD-2002-90 >od. There are limited options to locate condary Plan indicates a possible street m at Lot 110 does not provide a direct [cLeod Road intersection to adequately nd adjacent to the hydro corridor that }n. onnection. The proposed extension of ;ting dwellings (Bedard - 6972 Garner !3 metre (76 foot) road allowance width Lvement, sidewalks, service installation : abutting Wojnarowski dwelling to the aimizing potential impacts. A street ~ the north (Futino and Naujokas) with that Lot 109 at the northwest boundary ~dditional 4.5 metres (15 feet) with the e and could be combined with abutting an size. [mit of the plan was necessary to allow ~vised neighbourhood park (Block 112) ~e normal requirement. However, the : collector roadway. This location has ail within the stormwater management the north on other land owned by the is instance. Block 112 reflects the 5% tssess the overall parkland contribution te any credit or shortfall. rhood will impact on the surrounding alar). Traffic & Parking Services have t future traffic impact study. Sidewalks I to provide safe pedestrian connections the east side of Garner Road are to be [opment of the subdivision will extend ~orated in the servicing design for the ,nnds non-residential uses. Chain link lion facility, school and walkways and ~ment was included in their agreements ncing detail is required for the McLeod :le-detached portion of the plan would feet) in area and a minimum 12 metres the original Garner Estates to the east September 16, 2002 - 5 - PD-2002-90 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 driveway accesses. The special zoning setback requirement from MeLeod 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 111 is proposed as a residence for emergency and temporary care with associated administrative space. The applicant has clarified that the use would provide shelter to women and their children (up to 45 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 large 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. 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 provision of a collector roadway to connect with Garner Road is a key element in the development of this subdivision. There have been several discussions among staff, the developer and surrounding property owners to attempt to resolve issues. The developer acquired additional land and redesigned the plan in recognition of the City's goal to achieve the road connection. The September 16, 2002 -6- Garner Estates Phase 4 Draft Plan of Subdivision is an app application complies with the policies of the Official Plan Plan and should be compatible with existing and future dev¢ amendment will provide suitable regulations for the constr institutional use. The required conditions of approval are Richard Wilson Planner 2 Recommended by: Doug Darbyson Director of Planning & Development PD-2002-90 ropriate development of the land. The md Garner Neighbourhood Secondary lopment. The requested zoning by-law action of the dwellings and the special sted in the Appendix. Resp~ :tfully submittedI / Chief ~dm'mistrative Officer Approved by: Tony Ravenda Executive Director of Corporate Services RW:am Attach. FILE: S 5PDRX2002XPD2002-90, Garner 4 Revised, AM27-02.wpd September 16, 2002 - 7 - PD-2002-90 APPENDIX Conditions for Draft Plan Approval Approval applies to the Gamer Estates Phase 4 Draft Plan of Subdivision prepared by Upper Canada Consultants, revised September 12, 2002, showing 91 lots for single-detached dwellings, 19 lots for semi-detached dwellings, Block 111 for institutional use, Block 112 for parkland and Block 113 for stonnwater 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 114); e) provision of water distribution, sanitary sewer and stonn 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 terminus 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 58 and 59 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 101 to 104. 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 113 (stormwater management area). September 16, 2002 10. 11. 12. -8- The developer pay the Development Charges in Subdivision Agreement. The developer grant the City and Public Utilitie., subdivision. 13. PD-2002-90 force at the time of execution of the any easements required to service the The developer dedicate Block 112 to the City as th~ 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. / The developer provide a 6 foot high chain link fenc along the westerly and north boundaries of Block 1'12. 14. The developer submit a landscape and fencing plan t of Parks, Recreation & Culture illustrating the stree McLeod Road. 15. The developer provide boulevard trees in accordant 16. The west boundary of Lot 109 be shifted to provi( retained with the property known municipally as 69 17. The developer receive final approval fi.om the City tc land use regulations to guide the development of th, 18. The developer provide three calculated plans prepare to Planning & Development confirming that all lots 19. The developer provide six copies of the pre-registra a letter stating how all the conditions imposed have 20. The design drawings for the water, sanitary sewer ~ submitted to the Regional Public Works Departme~ 21. The developer obtain Ministry of Environment Cerl the Regional Public Works Department for the nec, 22. 23. Dr the review and approval of the Director :scape treatment for Lots 58 and 59 along with City policy. an additional 4.5 metres of land to be 72 Garner Road. the zoning by-law amendment to provide subdivision. t by an Ontario Land Surveyor and a letter comply with the Zoning By-law. ion plan to Planning & Development and been or are to be fulfilled. .nd storm sewer facilities for this plan be for review and approval. ficates of Approval to the satisfaction of ssary servicing for this development. Immediately following notice of draft plan appro ,al, 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 ;)llocation, if available, will be assigned at the time of final approval of the subdivision for registration. / Immediately following notice of draft plan approyal, the developer provide the Regional Planning Department with a written undertaking tha~ all offers and agreements of purchase and sale which may be negotiated prior to registration 6f 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 s: milar clause be inserted in the subdivision agreement between the developer and the City. September 16, 2002 - 9 - PD-2002-90 24. 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. 25. 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 20 and 21 Regional Niagara Planning and Development Department for Conditions 22, 23, 24 and 25 SCHEDULE 1 Proposed Plan of SubdiviSion & Zoning By-law Amendment Application Garner Estates Phase 4 26T-11-2002-04 (Revised) & AM-27/2.002Locatlon Other Lands Of Applicant Elementary Schools Estates Phase 3 Subject Land Future High School I :NTS Seplembex 2002 REDLINE REVISION TO GARNER ESTATES PHASE FOUR EXISTING INSTITUTIC -LANDS OF SCHOOL ~ CHURCH- PLAN 59R- t 1594 15ART 5 PART I KEY DRAFT PLAN OF SU~DIV~ION LEG~ DESCRfPI~N 51(17) OF '1~1[ PI.~NIN¢ ~CT [~D USE .~:HEIKIL[ 6746 MORRISON STREET, NIAGARA FALLS, ONTARIO L2E 6V2 P.O. BOX 576 TELEPHONE (905) 354-3853 FAX (905) 354-1816 ~~ ~ "~'_ Scanned September 12, 2002 HAND DELIVERED Mr. Rick Wilson - Planning Dept. City of Niagara Falls 4310 Queen Street, Box 1023 Niagara Falls, ON L2E 6X5 Dear Rick: RE: GARNER ESTATES~ PHASE 4 Further to your conversation with Stewart Branscombe, please be advised that we have entered into an Agreement of Purchase & Sale with Mr. Bedard for his property on Garner Road. As you are aware, we have included these lands in our drag plan application. The acquisition of these lands will accommodate the City's request for the continuation of McGarry Drive out to Garner Road. We appreciate your assistance with this file. Yours truly, RIVER REALTY DEVELOPMENT (1976) INC. John Mestek, B.A. Property Manager JM/dm RECEIVED SEP I 2 2002 PLANNING ~DEVELOPMENT 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-2002-94 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario September 16, 2002 Members: Re: PD-2002-94, Zoning By-law Amendment Application AM-16/2002, North Side of Marshall Road, West of the Niagara Parkway Applicant: Phil Fisher Proposal to Repeal a Zoning By-law that Permits a Food Processing and Packaging Plant on the Lands RECOMMENDATION: It is recommended that Council approve the Zoning By-law amendment application to prevent a food processing and packaging plant from being reestablished on the land. THE PROPOSAL: Phil Fisher has requested a Zoning By-law amendment for an 8 hectare (20 acre) parcel of land located on the north side of Marshall Road, west of Niagara Parkway, as shown on Schedule 1. A fom~er food processing and packaging plant was recently demolished on the land. The amendment is requested to prohibit the use from being reestablished on the land. The land is currently zoned Rural. In addition, site specific By-law No. 75-154 permits a food processing and packaging plant and an ancillary business office on the subject lands. By-law No. 75-154 is requested to be repealed. This application was initially scheduled to be heard at the June 17 Council meeting. However, the applicant requested that the public hearing be deferred due to a request from the Regional Municipality of Niagara that a Holding zone be placed on the lands. The Region had concerns of potential contamination from the previous industrial use, and of disruption of potential archaeological resources, and requested environmental site and archaeological assessments be undertaken prior to lifting of the recommended Holding zone. The application was deferred to give the applicant an opportunity to discuss this matter with the Region. Working Together to Serve Our Community Clerk's · Finance · Human Resources · Information Systems · Legal · Planning & Development September 16, 2002 - 2 - PD-2002-94 The Region, after having discussions with the applicant, removed the request for placing the lands in a Holding zone. The Region stated that as there is no specific development application, there was no need for environmental site and archaeological assessments prior to adoption of the by-law. These assessments would be required if there is an application to develop the lands. With the withdrawal of this request, the Region has no objections or conditions to impose at this time. CIRCULATION COMMENTS: This application was circulated to City departments, the Regional Municipality of Niagara and the public for comment. The following comments have been received to date. · Municipal Works No conditions to impose. Niagara Regional Health Department should be contacted regarding the decommissioning of any existing septic tank or well services. Regional Municipality of Niagara Removing the former industrial use would restore the original Rural zoning on the lands, and this zoning would more closely reflect the Good General Agricultural Area designation under the Regional Policy Plan. It was previously recommended that a Holding zone be placed on the lands until environmental site and archaeological assessments be undertaken. The concern arose out of potential contamination from the previous industrial use and the potential for discovery ofarcheological resources. However, due to the fact that there is no specific development proposal, these studies do not need to be undertaken until a development application is submitted, and the Region has no conditions to impose at this time. PLANNING REVIEW: 1. The proposal conforms to the Official Plan. The subject lands are designated Industrial according to the Willoughby Official Plan. The Industrial designation was established on the lands to reflect the previous food processing and packaging plant. The lands are still designated for industrial proposes because the September 16, 2002 - 3 - PD-2002-94 land's Rural/Agricultural designation and related policies in the City's current Official Plan are deferred. Nevertheless, the deferred policies reflect Council's latest intent for the lands. Lands under the Rural/Agricultural designation are predominantly intended to be used for agricultural purposes. Other uses which are compatible with and directly related to agriculture would also be permitted in this area by specific by-law amendment. The request to have By-law No. 75-154 repealed does not offend the current designation of the land and more closely reflects Council's latest intent for the area. Once the recommendations of the Willoughby Land Use Study are implemented, any industrial reference would be completely eliminated. 2. The proposal is consistent with the Willoughby Land Use Study recommendations. Council approved a planning framework based on the Willoughby Land Use Study in November 2001 and directed staff to initiate an Official Plan amendment to implement this planning framework. Under this framework, the proposed policy designation for the subject lands would be Rural Recreational. Permitted uses under this designation would include agricultural uses, hobby farms, forestry, conservation and limited residential development and open space recreational uses. Prohibiting the reestablishment of the former industrial use would be consistent with Council's intent for the proposed Rural Recreational designation and would ensure the lands are developed in a more complimentary fashion with respect to existing parkway residential development to the east and future estate residential development to the north. 3. The requested zoning amendment is appropriate. The subject lands are currently zoned Rural by the (former) Township of Willoughby Zoning By-law No. 395. The Rural zone permits agricultural uses, single family dwellings and public utilities. By-law No. 75-154 added a food processing and packaging plant as a permitted use on the lands. Repealing By-law No. 75-154 would prevent the use from being reestablished on the land in the future. With the Region withdrawing its earlier request for a Holding zone, and indicating that environmental site and archaeological assessments are not necessary at this time, the earlier recommendation that these assessments be undertaken prior to adoption of the amending by-law has been withdrawn. As this application does not add uses and is not related to a specific development application, it is appropriate to impose these requirements at the time of submission of a specific development application. CONCLUSION: Repealing By-law No. 75-154 is recommended because it will prohibit the former industrial use from being reestablished on the lands. The remaining uses permitted by the by-law will better ensure that the future use of the land will be compatible with existing surrounding land uses and future planned land uses. September 16, 2002 - 4 - PD-2002-94 With the withdrawal of the Region' s request for a Holding zone, there is no need to require environmental site and archaeological assessments prior to adoption of the Zoning By-law. Prepared by: spectfully submitted: Ehief Administrative Officer Recommended by: son Director of Planning & Development Approved by: Tony Ravenda Executive Director of Corporate Services Attach. SSPDR~002~PD2002-94, AM16-2002, Marshall Rd.wpd SCHEDULE 1 LOCATION MAP Subject Land Amending Zoning By-law No. 79-200 Marshall Road - West of Niagara Parkway Applicant: Phil Fisher & Associates AM-16/2002 1 :NTS Apdl 2{){)2 BRIAN SINCLAIR PROFESSIONAL CORPORATION BRIAN N. SINCLAIR, Q.C. Barrister and Solicitor 6617 Drummond Road Niagara Falls, Ontario L2G 4N4 TEL: (905) 356-7755 FAX: (905) 356-7772 August 20, 2002 Mr. Doug Darbyson Director of Planning and Development City of Niagara Falls P.O. Box 1023, 4310 Queen Street NIAGARA FALLS, Ontario L2E 6X5 Dear Sir: Re: Zoning By-lawAmenRmentApplication Marshall Road - West of Niagara Parkway Your File No. AM-16/2002 I have received the Public Meeting Notice referable to the above application. I wish to enter my opinion that this is a proper rezoning of the property and I fully support same. Yours faithfully BRIAN SINCLAIR PROFESSIONAL CORPORATION BS/ab~/ RECEIVED- AUG 2 2 20O2 PLANNING &~ D EVE LOP M E,~N__.T The Niagara Parks Commission ~.o. Box 150, Niagara Falls, Ontario, Canada L2E 6T2 Web Site: www. niagaraparks.cam Ontario Brian E. Merrett Chairman John Keraahan Engineering Phone: g05/356-2241 Ext. 216 Engineering Fax: 9051356-7262 E-Mail: npceng@niagaraparks.com September 12, 2002 Mr Doug Darbyson, Director of Planning City Hall 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Dear Sir: RE: ZONING BY LAW AMENDMENT APPLICATION AM-1612002 FORMER FOOD PROCESSING PLANT - MARSHALL ROAD Thank you for notifying us of this application. The Niagara Parks Commission has no objection to the proposal, and would appreciate a copy of your decision, Yours truly, Dave Gillis Manager- Planning & Properties RECEIVED SEP I 2 2002 PLANNING & DEVELOPMENT The City of Niagara Fails Canada Corporate Services Department Planning & Development 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905) 356-2354 E-mail: planning@city.niagarafalls.on.ca Doug Darbyson Director PD-2002-86 September 16, 2002 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD-2002-86, Public Meeting Willoughby Gardens Draft Plan of Subdivision File: 26T-11-2002-03 Owner: Guardian Inter-Funding Inc. RECOMMENDATION: It is recommended that Council consider input received at the Public Meeting and refer all matters to staff for the review of the Willoughby Gardens Draft Plan of Subdivision. BACKGROUND: The purpose of this Public Meeting is to receive information and provide an opporttmity for the public to comment on the proposed subdivision. Planning & Development will consider all comments received from the public, Region, agencies and City departments and prepare a recommendation report to Council at a future meeting. There is to be no decision made at the meeting held tonight. Notice of the Public Meeting was given in accordance with the requirements of the Planning Act. The applicant has been invited to attend this Public Meeting to provide an overview of the subdivision proposal and answer any questions. PROPOSAL: The applicant proposes to subdivide a 0.641 hectare (1.58 acre) site into eight lots for single- detached dwellings. The property is on the west side of Willoughby Drive, south of Gurming Drive (see location map). The proposed roadway is a cul-de-sac with lots behind existing dwellings on Willoughby Drive. The City's Official Plan designates the property Residential which permits a variety of housing types. The land is zoned Residential Single Family and Two Family (R2) by Zoning By-law 79-200. Working Together to Serve Our Community Clerk's Finance · Human Resources · Information Systems · Legal Planning & Development September 16, 2002 - 2 - PD-2002-86 CONCLUSION: The Public Meeting is an important part of the consultation and input process in the review of development applications. This meeting satisfies the requirements of the Planning Act. Comments received will be considered in preparing the recommendation report on the proposed subdivision. Prepared by: Richard Wilson Planner 2 Respectfully submitted: Recommended by: Doug Darbyson Director of Planning & Development Approved by: Tony Ravenda Executive Director of Corporate Services RW:am Attach. FILE: SSPDRX2002XPD2002-86, 26T-11-2002-03 WilloughbyGardens.wpd Proposed Plan of Subdivision Willoughby Gardens 26T-11-2002-03 Location Ma~ Subject Land ~////////////~ 1 :NTS 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-2002-84 September 16, 2002 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD-2002-84, Zoning By-law Amendment Application AM-32/2002, 5067 & 5079 Victoria Avenue Applicants: Nicholas & Shirley Mazzone Proposed Bed & Breakfast Accommodation RECOMMENDATION: It is recommended that Council approve the Zoning By-law amendment application to permit the buildings at 5067 and 5079 Victoria Avenue to be used as tourist homes (bed & breakfasts) each containing not more than four rooms for tourists. THE PROPOSAL: Nicholas and Shirley Mazzone have requested an amendment to the Zoning By-law to permit the buildings at 5067 and 5079 Victoria Avenue (see Schedule 1) to be used as tourist homes each containing not more than four rooms for tourists. Schedules 2 and 3 illustrate the details of the sites. The properties are zoned General Commemial (GC). The applicants have requested to have a tourist home included as a permitted use under the GC zoning. It should be noted that the application is being made to facilitate the sale of the properties. SURROUNDING LAND USES: The subject properties are surrounded by a mixture of residential, institutional and commercial land uses. The residential uses occupy the lands to the west along Jepson and Armoury Streets. Institutional uses are found on Jepson Street (Presbyterian Church) and on Victoria Avenue (the Armoury and the CORE Building). Commercial uses are located adjacent to the properties along Victoria Avenue. Working Together to Serve Our Community Clerk's · Finance · Human Resources InfotTnation Systems . Legal Planning & Development September 16, 2002 -2- PD-2002-84 CIRCULATION COMMENTS: Information regarding the application was circulated to City departments, agencies and the public for comment. The following comments have been received to date. Municipal Works Dedication of a 5-foot road widening along the Victoria Avenue frontage of both properties. Building & By-law Services The owner is to contact the Building Division for all requirements to change the use of the buildings to bed & breakfasts (B & B). · Parks, Recreation & Culture No objections. · CN Rail Inclusion of a Noise Impact Statement in development agreements or Purchase and Sale agreements. Owner to have a consultant undertake an analysis of noise. PLANNING REVIEW: The following is a summary of staffs assessment of the application: 1. The proposal is within the intent and purpose of the Official Plan. The subject properties are designated Minor Commercial in the Official Plan. Minor Commercial areas represent moderate concentrations of commercial space and are primarily to be composed of retail outlets, personal service shops and offices. Mixed use developments, recreational uses and community and cultural facilities are also permitted. The type of overall development envisaged by the plan is one of a heterogeneous mixture of commercial and related uses serving a segment of the population. Within this context, the proposal to establish a bed & breakfast accommodation (B & B) is acceptable. Hotels and motels are permitted in the GC zone, but not tourist homes (B & B's). As such, the GC zone permits the establishment of tourist accommodation, just not in the form of a B & B. 2. The proposed amendment is appropriate. The subject properties are zoned GC. The applicants are proposing to add a tourist home, containing not more than four rooms for tourists, as a permitted use. The proposed amendment is appropriate as the addition of a tourist home as a permitted use will not hinder further redevelopment of the properties under the GC zoning. It should be noted that as the rear yards of the properties have sufficient depth, a six-foot landscape strip should be installed adjacent to the rear property line, in order to assist in screening and buffering. It is recommended that this provision be included in the amending by-law. September 16, 2002 - 3 - 3. Site improvements will be necessary. PD-2002-84 A field inspection of the properties has revealed that improvements are needed to facilitate the proposed B & B's. The northerly property (5067 Victoria Avenue) will require upgrading of the current gravel surface or, preferably, paving and installation of a six-foot wide landscape strip along the rear property line to help screen the adjoining residential property from the parking area. The property at 5079 Victoria Avenue has a paved parking area at the rear, but is undersized with respect to zoning standards for parking. The paved surface will have to be extended to within six feet of the rear property line in order to provide the necessary parking dimensions. The remaining six feet is to be landscaped as noted above. Improvements to the site will be done by the subsequent owner(s) as the current owner has submitted the application for the purpose of facilitating the sale of the properties. 4. CN Rail's comments should not be imposed. As noted above, CN Rail has commented that a warning clause respecting noise be included in development agreements or Purchase and Sale agreements and that a noise study be conducted. These comments cite the proximity of the property to CN's Niagara Falls yard west of Victoria Avenue. Staff is of the opinion that as there have been no complaints from area residents regarding the yard, CN comments appear to be onerous and should not be imposed on the applicants. CONCLUSION: Based on the foregoing, the application can be recommended for the following reasons: · The proposal does not offend the Minor Commercial policies of the Official Plan. · The proposed B & B's are in keeping with the character of Victoria Avenue and should provide for a good transition to the residential land to the west. · The proposed amendment is appropriate. · Sitejmprovements will be required through a future site plan agreement.  ~espec~fully submi{ted: , // ey ' Donald ~am~la~er 2 s~ey Chief Administrative Officer Recommended by: DougD~ar son Director of Planning & Development Approved by: Executive Director of Corporate Services JB:am S:hUDR~2002~D2002-84, AM32~2002, 5067&5079Victoria.wpd SCHEDULE 1 LOCATION MAP Subject Land ~r '11OI1 ~/.%'tl Amending Zoning By-law No. 79-200 5067 Victoria Avenue 5079 Victoria Avenue Applicant: Nicholas & Shirley Mazzone AM-32/2002 1 :NTS SCHEDULE 2 IRECEIVED AUG 0 PLANNING , ,& DEVELOPMENT ..J pLAN OF BUILDING ,LOCATION SHOWING LOT I REGISTERED PLAN N~.35 (NOW PLAN N~,29~) IN THE CITY OF NIAGARA FALLS~, ,~ REGIONAL MUNICIPALITY OF NIAGARA SCALE 1,200 sURVEY BLOCK 5 REGISTERED PLAN 1002 L 0 T 2 SCHEDULE 3 dEPSON ~VE NUE ' 'METRIC I,SURVEYOR'ScE-,n T~T, CERTIFICATE I BEARIN(~ NOTE ,,. WILLIAM A: MASC.O:~ ONTARIO LANb SURVEYOR 94 CHURCH STREET E~EP.~O.£O~2 2;25PM Cr4RP TORONTO FHLL.:, ~L~RK.-, i.j,_- . '277-Frc~$tree!~est Canadian Proprl6t~s i.iT_n 3, - "' r' 091C) 4:4G National ferrovlair~s du Ploor 8 Railway Canadian Toro.~o, 0n~rio Properties Inc. National Inc. MW 2X7 Telephone~ (4161217,~g61 ~ Facslmlle~ (416) ?_t7-6743 V%A FACSTI4~'LE - (905) 3.c6-g083 S~pl~mber lO~ 2002 Your File: Our File: Hr. Doug Darbyson Director of Planning & Development City of Niagara Falls 4310 Queen Street Niagara Falls~ ontario L2E 6X5 Dear Mr, Darbyson: Ret Propor.~l, Zoning By-Law Amendment Application $057 and $O7g Victoria Avenue 277, F~e Front euest $' atage Toronto (0nta rio) T&l&phone: (416) 217-69~1 T~l~opleur. (416) 217-6743 I ~' Scanned AH-37-/2002 'TZ..4500-N-04 We have reviewed your letter dated August 16, 2002, regarding the above noted application and have the following comments: The Owner is required to insert the following warning clause in all development agreements, offers to purchase, agreements of Purchase and sale or Lease and include in a Noise Impact Statement: "All persons Intending to acquire an Interest in the real pmDerty by purchase or lease are advised of the pmximlty of Canadian National Rallway's Niagara Falls Yard, which operates on a 24-hour basis. [t is possible that the marshalling yard operations may cause disturbance and may be altered or expanded which could affect the living envlronment of the residents despite the inclusion of any noise and vibration aLtenuating measures in the design of the outdoor amenity area(s) and individual dwelling(s). Residents are advised that further mitigation c~nnot be expected and Canadian National Railway will no~ be responsible for any complaints or rialtos arising from use o1' such facilities and/or operations." Due to the proximity of our rail yard~ a significant stationary noise source with an Influence ama of greater than [000 metres, we recommend that the Owner engage a consultant to under~ke an analysis of noise and provide abatement measures necessary to achieve the maximum level limits set by the Ministry of Environment. We request: receMng a copy of the Committee's decision. Should you have any further questions, please do not hesitate to contact the undersigned at (~16)217-6961. Geoff Woods, B,E,S, Development Review Coordinator PLANNING ETING ! RECEIVED SEP 1 1 200 ~I~J::~LA N N J N G & DEVEL. OPME~'q"f '. A wholly owned sub~ldla~ of Canadian Na~onal Eallway Company / Une fill~le en propfl~tO e~cl~l~ de la Compagnle des cher~ln~ do fe~ natio~a~x du Canada 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-2002-85 September 16, 2002 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD-2002-85, Zoning By-law Amendment Application AM-29/2002, 4779 Zimmerman Avenue Applicants: Robert & Wendy Keldson Proposed Bed & Breakfast Accommodation RECOMMENDATION: It is recommended that Council approve the Zoning By-law amendment application for 4779 Zimmerman Avenue to permit the existing dwelling to be used as a tourist home (bed & breakfast) containing up to three rooms for tourists. THE PROPOSAL: Robert & Wendy Keldson have requested an amendment to the Zoning By-law to permit the existing dwelling at 4779 Zimmerman Avenue (see Schedule 1) to be used as a tourist home (bed & breakfast) containing three rooms for tourists. Schedule 2 illustrates the details of the site. The property is zoned Deferred Commercial (DC). The applicants have requested to change the zoning to the Residential Single Family and Two Family Zone (R2-2) which permits a tourist home. SURROUNDING LAND USES: The land uses surrounding the subject property are residential, with the exception of Christ Church (Anglican) on the east side of Zimmerman Avenue. A number of dwellings in the vicinity have been converted into B & B's. Two properties to the north have been the subject of Zoning By-law amendments to permit the dwellings thereon to be used as B & Bs. CIRCULATION COMMENTS: Information regarding the application was circulated to City departments, agencies and the public for comment. The following is a summary of the comments that have been received to date. Building & By-law Services Owner to contact Building Division for all requirements for renovations to existing dwelling necessary for a change of use to a B & B. Working Together to Serve Our Community Clerk's Finance · Human Resources · Information Systems · Legal Planning & Development September 16, 2002 -2- PD-2002-85 · Municipal Works No objections. · Parks, Recreation & Culture - No objections. · CN Rail - Inclusion of a Noise Impact Statement in development agreements or Purchase and Sale agreements. - Owner to have a consultant undertake an analysis of noise. PLANNING REVIEW: 1. The proposal is within the intent and purpose of the Official Plan. The subject land is designated Residential in the Official Plan. Lands under this designation are intended to be developed for housing. However, a number of ancillary uses, which include B&B's, may be developed under the Residential designation, without amendment to the Plan. B & B's may locate in areas where they are compatible with the neighbourhood. The establishment of such facilities is to be carefully regulated as to their location, size and traffic generation to minimize potential disturbances to adjacent properties and to protect the character and identity of the overall neighbourhood. The Official Plan's tourism policies for the River Road District further reinforce the maintenance of the area's residential character and do not permit commercial uses within the district. The existing two-storey dwelling is not proposed to be enlarged to accommodate the B & B. As such, the residential character of the property will be maintained. Any internal alterations will have to conform to the Ontario Building Code. The size and configuration of the lot are such that parking can be provided with the two existing driveways. The driveway offZimmerman will have to be narrowed to 19.7 feet to conform with the Zoning By-law, as noted below. The site has ready access to River Road and the tourist areas. Because of these attributes, the surrounding lands should experience minimal physical impacts, if any, and the residential character of the neighbourhood will be maintained. 2. The proposed amendment is appropriate. The lands are currently zoned DC. The applicants have requested the zoning be changed to R2-2. The R2-2 zone extends from Mordson Street south to Hiram Street and east to the former CP rail line. This zone permits a dwelling to be used as a B & B. Two other properties nearby have been recently rezoned in a similar manner. 3. Minor alterations will be required to both the dwelling and site. In order to utilize the property as a B & B, two minor alterations will have to be made. The submitted floor plans reveal that there are two kitchens on the ground floor. The presence of two kitchens could conceivably lead to the development of two dwelling units together with the B & B, which is beyond the scope of the proposed amendment. Moreover, if a second dwelling unit was established, parking could not be provided in compliance with the Zoning By-law and outdoor amenity space could be compromised. Accordingly, it is recommended that one of the kitchens be removed. September 16, 2002 - 3 - PD-2002-85 Parking is to be accommodated within the two existing driveways. While the driveway off Mordson Street is acceptable, the driveway offZimmerman Avenue will have to be reduced to 19.7 feet in width, the maximum driveway width permitted by the Zoning By-law. The owners currently park two cars diagonally in the driveway. The driveway appears to be in excess of 30 feet. It is recommended that the driveway be reconfigured and reduced in width to 19.7 feet to accommodate two cars parked. 4. CN Rail's comments should not be imposed. As noted above, CN Rail has commented that a warning clause respecting noise be included in development agreements or Purchase and Sale agreements and that a noise study be conducted. These comments cite the proximity of the property to CN's Niagara Falls yard west of Victoria Avenue. Staffis of the opinion that as there have been no complaints from area residents regarding the yard, CN comments appear to be onerous and should not be imposed on the applicants. CONCLUSION: Based on the foregoing, the application can be recommended for approval based on the following reasons: The proposal is within the intent and purpose of the Official Plan. The residential character of the property will be maintained. The property is of sufficient size to accommodate parking and amenity space. The requested zone change to R2-2 is appropriate. Removal of one of the two kitchens and reducing the size of the driveway off Zimmerman Avenue. Prepar~d,~z~:~ PI'~m~r 2 espectfully submitted: . John MacDonald Chief Administrative Officer Recommended by: Doug Darbyson Director of Planning & Development Tony Ravenda Executive Director of Corporate Services JB:am S2PDR~2002~PD2002-85, AM29-2002, 4779 Zimmerman.wpd SCHEDULE 1 LOCATION MAP Subject Property Amending Zoning By-law No. 79-200 4779 Zimmerman Avenue AM-29/2002 Applicant: Robert & Wendy Keldson N zO MORRISON STREET SCHEDULE 2 PROPERgh'UNE RECEIVED JUL 2 9 2002 PLANNING & DEVELOPMENT,, _ .,i.~I~G, FRLLS CL£RKS'02 0'~[0 14:4R Canadian . ~roprle~e~ Na~o~al ~ovlaims du ~ilway Conadien Toronto, Ontario Pmpe~i~ Inc. National Inc. Telep~ne: (41~) 217-~g61 ~ Fa~lmile'. (416) 2~ 7-s743 V'I:A FACSIM~LIE - (905) 356-g083 September 10, 2002 Hr. Doug Darbysen Director of Planning & Development Ci~/of Niagara Falls 4310 Queen Street Niagara Falls~ Ontario L2E 6X5 Your File: our File: Dear Hr. Darbyson: Re: Propoged Zoning By-Law Amendment Application 4779 Zlmmerman Avenue ~77~ rue F¢0nt oues! 8' &rage Toronto (Ontario) MSv 2X7 T~[aphone: (416) T~l~capleur, (416) 217.6743 ~*~r Scanned AF1-29/2002 TZ-4500-N-04 We have reviewed your letter dated August 16~ 2002, regarding the above not~l application and have the following comments: The Owner b required to Insert the following warning clause In all development agreements, offers to purchaser agreements of Purchase and Sale or Lease and Include in a Noise [mpact Statement: "NI persons Intending to acquire an interest In the real property by purchase or lease am advised of the proximity of Canadian National Railway's Niagara Falls Yard, which operates on a 24-hour basis, It is possible that the marshalling yard operations may cause disturbance and may be altered or expanded which could affect the living environment ef the residents despite the inclusion of any noise and vibratfon attenuating measures In the design of the outdoor amenity area(s) and individual dwelling(s). Residents are advised that further mitigation cannot be expected and Canadian NaMonal Railway will not be responsible I'or any complaints or claims arising from use of such fadlities and/or operations." Due to the proximity of our rail yard, a significant stationary noise source with an Influence area of greater than ~.000 meb'es, we recommend that the Owner engage a consultant to under~ke an analysis of noise and provide abatement measures necessary to achieve the maximum level limits set by the. Plinisb~y of Environment. We request receiving a copy of the Cor~mittee;s'decision. Should you have any further questions, please do not hesitate [o contact the undersigned at (416)2:17-6961, Yours truly~ Geoff Woods, B.E.$. Development Review Coordinator SEP 11 2002 PLANNING & DEVELOPMENT · wholly owned sabsl~la~ of Ca~aciJan National ~allway C~mpany / une filial0 an proprlat~ e~dqslve de I~ Col~pagllle des c~emlns de far na'donauz dq Canada The City of Niagara FallsI Canada Corporate Services Department Planning & Development 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905) 356-2354 E-mail: planning@city.niagarafalls.on.ca September 16, 2002 Doug Darbyson Director PD-2002-88 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD-2002-88, Zoning By-law Amendment Application AM-31/2002, E/S Ailanthus Avenue Applicant: Walker-Diggon Construction Ltd Agent: MichaelAllen, Architect Proposed 3-storeyApartment RECOMMENDATION: It is recommended that Council approve the Zoning By-law amendment for a vacant parcel of land on the east side of Ailanthus Avenue conditional on the following site specific provisions being included in the amending by-law: 1. the maximmn number of traits be no more than 1~ 20 2. the minimum side yard setback be not less than 22 feet; and the minimum landscaped open space strip between the parking area and any property line be not less than 10 feet. PROPOSAL: Walker-Diggon Construction LtcC, through its agent Michael Allen, has requested an amendment to the Zoning By-law for a vacantparcel of land located on the east side of Ailanthus Avenue, as shoWn on Schedule 1. The applicant proposes to construct a 3-storey, 23-unit apartment on the site. Details are shown on Schedule 2. The land is currently zoned a site specific Residential Low Density, Grouped Multiple Dwellings zone (R4-148). Special provision 148 permits the development of either one apm h~lent building with not more than 12 units or two or more townhouse dwellings with not more than 10 units. A zone change to a new site specific R4 zone is requested to permit the proposal. }Forking Together 'to ..Verve Our Community Clerk~ · Finance · Human Resoumes Information Sysfems · Legal · Planning & Development September 16, 2002 - 2 - PD-2002-88 SURROUNDING LAND USES: The surrounding land uses are residential and undeveloped residential land. Multi-unit dwellings (apartments and townhouses) are predominate to the north and south of the property. Two semi- detached dwellings adjoin the property to the west. Single detached dwellings are located along the northerly part of Ailanthus and along Sunnylea Crescent. Vacant residential lands are located east of the property and on the west side of Ailanthus. CIRCULATION COMMENTS: The application was circulated to City departments, agencies and the public for comment. The following comments have been received to date. Municipal Works Dedication of a 5-foot road widening along Ailanthus Avenue. · Parks, Recreation & Culture No objections. · Building & By-law Services No objections. PLANNING REVIEW: The following is a summary of staff's assessment of the application: 1. In 1986, the City rezoned the subject land. In 1986, the subject land was owned by the City. The land was determined to be surplus and was slated to be sold. However, staff recommended that in order to facilitate the sale, it should be rezoned from R2 to a site specific R4 zone. Staff's report stated that due to the lot configuration and surrounding apartments, a low densitytownhouse or apartment of not more than 12 units would be appropriate. Schedule 3, attached, illustrates a conceptual design. The increased setbacks from the north and west property lines should be noted. The current application seeks to double the density of the property. 2. The current application is one of several within this neighbourhood. The neighbourhood is currently experiencing an upsurge in development activity, all of which are proposing multi-unit dwellings: SW corner of Dunn Street and Ailanthus Avenue. Referred to the Ontario Municipal Board. Five storeys, 27 units. N/S Dunn Street. Preliminary discussions have been held regarding apartment development. W/S Ailanthus Avenue. Plans have been submitted for staff review proposing apartment developments. Because of the recent interest in developing apartments in this area, it is important that densities be in conformity with the Official Plan so as to avoid an over-densification of the neighbourhood. September 16, 2002 - 3 - PD-2002-88 Modifications to the proposal are required in order for the application to be within the intent and purpose of the Official Plan. The subject property is designated Residential in the Official Plan. The land is essentially an infill property between existing developments. The Official Plan contains policies that govem residential infilling in terms of density, height gradation, building mass and arrangement, setbacks and appearance in order to ensure that projects are designed to achieve compatibility and sensitivitywith the surrounding lands. Privacy and adverse impacts should be mitigated through landscaping and the provision of open space. The proposed density of the development is higher than that stipulated in the Plan. The density policies of the Official Plan set out parameters for what is to bc achieved within individual developments. The Plan states that low density multi-unit structures up to a maximum density of 50 units/ha can be located within neighbourhoods on collector roads and should be integrated within plans of subdivision. Building heights should not exceed three storeys. The proposed 3-storey apartment at 23 units equates to approximately 66 un!ts/ha. (Comparatively, a typical subdivision with 40 to 50 foot lots has a density of about 12 units/ha and a bungalow townhouse of about 25 units/ha.) At 66 units/ha, the proposal is higher than that stipulated in the Official Plan for lands in this type of location. The density also exceeds that of the abutting multi's to the north and south, being 56 units/ha and 17 units/ha, respectively. The Plan encourages a gradation of densities. Given the decrease in densities to the south, it follows that the prescribed 50 units/ha in the Plan provide for an appropriate density for the site and gradation of densities in the neighbourhood. The 3-storey building height is in keeping with the area. Building heights in the area vary from one to four storeys. One-storey single detached dwellings are found predominantly along the north part of Ailanthus Avenue and on Sunnylea Crescent. Buildings of three to four storeys are found abutting thc subject property and on the west side of Ailanthus. Building mass and arrangement is similar to surrounding apartments. The building proposed is of similar scale to the surrounding existing apartments. The building has been set back from the abutfmg scmi's to afford the residents privacy from the apartment. The building has reduced setbacks. The zoning by-law requires a setback from an interior side lot line of one-half the building height. In this instance, a setback of 22 feet is required, whereas 15 feet is proposed. No justification for the relief has been provided for by the applicant. The premise of having a setback of one-half the building height is to ensure that the impact of a building on surrounding lands, in terms of privacy and shadowing, is lessened with increasing height. As the subject building will be adjacent to the outdoor amenity spaces of the neighbourhood properties, it is important that a proper setback bc established. As the required 22 feet is only three feet less than a standard rear yard of 25 feet, it is recommended that no relief be granted. September 16, 2002 -4- PD-2002-88 Landscaping and open space provisions have been compromised. The proposed site plan, Schedule 2, illustrates the layout of the building, parking area and open space areas. The parking area has been located behind the abutting semi's to the west, adjacent to the apartment to the north. In such instances, a minimum of 10 feet of landscaped open space, appropriately planted and fenced to afford screening and buffering, should be provided. The proposed development only provides between two feet and seven feet. Again, no justification has been given. Accordingly, it is recommended that 10 feet of landscaped open space be provided between the property lines and the parking area. Based on the foregoing analysis, a reduction in the number of units and modifications to the building and site design are required in order to provide for a reduced density and a minimum distance separation and landscaping to the abutting properties so as to mitigate any adverse impacts. In order to achieve a density of 50 units/ha, the project should be reduced in size by six units. This would, in turn, result in both a smaller building footprint and parking area, which should provide the opportunity for achieving the recommended setbacks and landscaping. The proposed amendment, subject to the modifications recommended by staff, is appropriate. The applicant has requested that a new site specific R4 zoning be applied to the property. The previous by-law is to be repealed. The R4 zoning is appropriate as its intention is to provide regulations for townhousing and low-rise apartments. Relief has been requested for building height: 33 feet is the maximum permitted, whereas 44 feet is proposed in order to permit a roof feature. As the roof feature will be a pitched roof and give the building a more residential appearance, the relief sought is justified. As noted above, it is recommended that the amending by-law include provisions for the maximum number of units, landscaped open space between the parking area and the property lines and building setbacks. 5. Design details will be provided within the site plan agreement. A site plan agreement will be required for the development. The agreement will include design details regarding building elevations, landscaping, lighting and site servicing. The 5-foot road widening will have to be dedicated prior to the issuance of any building permits. CONCLUSION: Based on the foregoing assessment, staff can recommend conditional approval of the application for the following reasons: With the appropriate reduction in units, the proposal is within the intent and purpose of the Official Plan. The modified proposal will not significantly increase the density of the neighbourhood and will provide for proper landscaping and setbacks. · A new site specific R4 zoning is appropriate. · Design details will be included in the site plan agreement. September 16, 2002 - 5 - PD-2002-88 Planffer 2 Recommended by: Doug Darbyson Director of Planning & Development Respectfully submitted: Approved by: Tony Ravenda Executive Director of Corporate Services Attach. SSPDR~002XPD2002-88, AM31-2002, Walker, AilanthusAVe.wpd SCHEDULE 1 LOCATION MAP Subject Property C} Amending Zoning By-law No. 79-200 6922 Ailanthus Avenue Applicant: Walker-Diggon Construction Ltd. AM-31/2002 1 :NTS 'F'FPiCAL PARKING SPACE SFFE STATISTICS 'YPICAL CURB DETAIL (~ 'fYP~.,AL SIDEWALK DETNL REGISTERED P. AN N. S. 2 CITY OF NIAGARA FALLS GARBAGE ENCLOSURE OErAIL ~ 3 STOREY BUILDING AND DETAILS Schedule, 3 Corporate Services Department The City of Niagara Falls Canada Planning & Development 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905) 356-2354 E-maih planning@city,niagarafalls.on.ca Doug Darbyson Director PD-2002-89 September 16, 2002 His Worship Mayor W. Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD-2002-89, Zoning By-law Amendment Application AM-30/2002, Brookfield Court Draft Plan of Subdivision Applicant: Cuviello Construction Limited (In Trus0 (Agreement of Purchase and Sale) Tree Protection and Reduced Front Yard Setbacks RECOMMENDATION: It is recommended that Council approve the amendment to the Zoning By-law as detailed in this report to provide special tree protection and also a reduced minimum front yard setback requirement for two proposed lots in the subdivision. PROPOSAL: The amendment is requested, in part, to satisfy a condition of draft plan approval for the Brookfield Court subdivision (File 26T-11-2002-02 Revised). The subject lands are located on the north side of Clare Crescent, west of Brookfield Avenue and south of Lundy's Lane. Schedule 1 indicates the two separate areas that are subject to the application. The subdivision layout and greater detail are provided on Schedule 2. The property is zoned Residential Single Family lC Density (R1C) by Zoning By-law No. 79-200, as amended. The application proposes a special setback to prohibit structures within the 8.23 metre (27 foot) average dripline area of the red oak tree located along the boundary between Lot 1 in the subdivision and the abutting property to the south (6187 Clare Crescent). In addition, the applicant has requested the minimum front yard setback requirement of 6 metres (19.7 feet) be reduced to 5 metres (16.4 feet) for Lots 12 and 13 located on a temporary cul-de-sac at the north limit of the plan. BACKGROUND: Council adopted the recommendations in report PD-2002-48 on June 17, 2002 to approve the Brookfield Court draft plan of subdivision with conditions. The plan proposes 13 single-detached lots that exceed minimum frontage and lot area requirements. The development complies with the Working Together to Serve Our Community Clerk's Finance · Human Resources Information Systems · Legal · Planning & Development September 16, 2002 - 2 - PD-2002-89 policies of the Official Plan and should be compatible with the surrounding neighbourhood. There were no appeals to Council's decision and therefore draft plan approval was granted effective July 10, 2002. CIRCULATION COMMENTS: Information on the requested zoning amendment was circulated to City divisions, the Region, agencies and the public for comment. The following summarizes the comments received. Regional Planning No objection to the amendment from a Regional and Provincial planning perspective. The tree protection zoning fulfills a condition of the subdivision approval regarding a locally significant tree. Municipal Works No objection to the proposal. Parks, Recreation & Culture No objections. The protection of the tree was a major issue during the subdivision review. PLANNING REVIEW: Various matters were considered in assessing the application. Based on this analysis, approval is recommended with minor modifications. The review of the amendment is summarized as follows. Special zoning by-law 'protection of the red oak tree is desirable. The location of the large red oak tree is shown on Schedule 2. This tree is estimated to be 200 - 300 years old and in good health. Through the subdivision conditions, the north portion of the tree will be protected by clauses in the subdivision agreement and offers of purchase and sale, a tree preservation plan and special zoning. The abutting property owner at 6187 Clare Crescent has agreed to extend the same zoning protection on the south side of the tree. The developer had no objection to including this additional land for tree protection in the application. The key to protecting the tree is to minimize impacts on the root system within the dripline (spread of branches). City forestry staffestablished an average dripline of 8.23 metres (27 feet) from the centre of the tree. Within this area, the land will be zoned to prohibit dwellings, accessory buildings and structures, pools, patios and driveways that would damage the tree roots and compact the soil. A small section of the tree dripline falls within Block 14 on the plan which is to be dedicated to the City as parkland - the zoning will also apply to this land. A reduced dwelling setback on Lots 12 and 13 is acceptable. The abutting land to the north contains legal non-conforming tourist cabins that are intended to eventually cease and change to a residential use as currently indicated in the Official Plan and Zoning By-law. The subdivision plan allows for the future extension of the roadway onto this land. A temporary cul-de-sac is required to provide a proper tumaround area for vehicles on this long dead- end street. The design of the cul-de-sac reduces the depth of Lots 12 and 13 (minimum 32.84 metres/107.7 feet) whereas the majority of lots within the plan have a depth of approximately 45.1 metres (148 feet). The requested front yard depth of 5 metres (16.4 feet) is slightly less than the September 16, 2002 - 3 - PD-2002-89 zoning requirement and is acceptable for a dwelling setback in this situation. However, the standard 6 metre (19.7 foot) setback should be maintained for the garage portion of the house to satisfy the intent of the zoning provision to allow sufficient space to park a vehicle in front of the garage and not overhang the road allowance. The availability of parking on each lot is important since there will be parking restrictions on the subdivision street to address emergency access concerns. As noted in the original report for the subdivision, the developer should consider postponing construction on Lots 10 to 13 pending any decision on future redevelopment of the cabin lands. The temporary turning bulb and zoning relief would not be necessary if the subdivision road is extended further north in the future. If planning applications to amend the Official Plan and Zoning By-law for a specific tourist commercial use are approved on the cabin lands, the north portion of the subdivision could be redesigned to provide a shorter street and lots on the north and west side of the cul-de-sac bulb. CONCLUSION: The zoning amendment for tree protection will satisfy a condition of approval for the Brookfield Court draft plan of subdivision. The request for a reduced front yard setback on Lots 12 and 13 is in response to the minimal lot depth due to the design of a temporary cul-de-sac. The proposed amendments, with the modifications noted in this report, are recommended for approval. Prepared by: Richard Wilson Planner 2 Respectfully submitted: /John MacDonald V Chief Administrative Officer Recommended by: Director of Planning & Development Approved by: Tony Ravenda Executive Director of Corporate Services RW:am Attach. FILE: S:~PDR~2002~D2002-89, BrookfieldCourt.wpd SCHEDULE 1 LOCATION MAP Subject Land ~x%%%%%%x'x~ Tree Protection ~",/',/"////~ Front Yard Setbacks Amending Zoning By-law No. 79-200 Brookfield Court Draft Plan of Subdivision AM-30/2002 Applicant: Cuviello Construction Limited (In Trust) (Agreement of Purchase and Sale) 1 :NTS 5TAtdFO£DL O T ~0 S~IZTCH TO ACCOMPANY REZONING APPUCAllON PeJ~t of Lots 141 and 148 Geographic TownShip of Stsmford (Proposed Brookfleld Court Subdivision) ~ITY OF NIAGARA FALLS REGIONAL MUNICIPALITY OF NIAGARA Mafthews, Comeron, Heywood - Kerry T. Howe SURVEYING LIMITED U.N: 35720 2002 LANDS (6.0 min.) 14/ BROOKFIELD AVENUE NIA °' A September 6, 2002 PLANNING AND DEVELOPMENT DEPARTMENT The Regional Municipality of Niagara 3550 Schmon Parkway, P.O. Box 1042 Thorold, Ontario L2V 4T7 Telephone: (905) 984-3630 Fax: (905) 641-5208 E-mail: plan@regional.niagara.on.ca I J P,ann, ng I '~'~' Scanned I '" · D.10.M.11.23 Mr. Doug Darbyson, MCIP, RPP Director of Planning and Development City of Niagara Falls 4310 Queen Street Niagara Falls, ON L2E 6X5 Dear Mr. Darbyson: RE: Zoning By-law Amendment Application Brookfield Court Subdivision Clare Avenue, west of Brookfield Avenue City of Niagara Falls Your File: AM-3012002 This application proposes to amend the City's zoning by-law to fulfill a condition of draft approval for the Brookfield Court plan of subdivision. In particular, the zoning amendment will provide an increased building setback from an existing Red Oak tree situated near the southerly property line. The applicant has also requested a reduced front yard setback for two proposed lots on a temporary turning circle toward the north end of the subdivision. The City's decision to grant draft plan approval included conditions to address matters of Regional and Provincial interest as we identified when the subdivision plan was circulated for review. Although the Regional Tree Conservation By-law does not apply in this case, the local significance of the Red Oak tree and the need for its preservation is recognized. The City should ensure that clauses are included in the subdivision agreement to provide appropriate protection measures, both during and after construction, and that lot grading in this area does not have any adverse impact. The City should also be satisfied that the wording of the by-law will prohibit other facilities (i.e. swimming pools) within the building setback that could effect the tree's root system. In general, Regional Planning staff would not be opposed to the approval of the proposed zoning by-law amendment from a Regional or Provincial planning perspective. Please send notice of City Council's decision on this application. Yours truly, Director of Planning Services M:\MSWORD\PC\NFzbla\Brookfield.doc PLANNING UEETING RECEIVED SEP 1 0 2002 ?.~ANNING ELOPMENT Corporate Services Department The City of Niagara Fallsl Canada Planning & Development 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905) 356-2354 E-mail: planning@city.niagarafalls.on.ca Doug Darbyson Director PD-2002-92 September 16, 2002 His Worship Mayor W. Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re.' PD-2002-92, Request for Extension to Draft Plan Approval Chippawa West Phase 2, File 26T-94009 Owner: Queensway-Chippawa Properties Inc. RECOMMENDATION: It is recommended that Council support a one-year extension to draft plan approval for the Chippawa West Phase 2 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, an extension to draft plan approval maybe 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 a three-year extension to draft approval of the Chippawa West Phase 2 Plan of Subdivision (see attached letter and location map). Original draft approval for the Plan was received from the Region on August 15, 1996. Previous extensions have been granted. In addition, a temporary extension was granted by staff as the anniversary of the formal approval date has passed and to allow a review of the request. Working Together to Serve Our Community Clerk's Finance · Human Resoumes Information Systems . Legal . Planning & Development September 16, 2002 - 2 - PD-2002-92 The subdivision confom~s to the City's Official Plan and the land is zoned appropriately. This large plan has a mix of residential dwelling types. The first phase of the subdivision contains over 200 units. There are no additional expenditures required on the part of the municipality for external or internal servicing or oversizing. The developer intends to proceed with the subdivision when market conditions and servicing costs are appropriate. The City has recently acquired ownership of a large woodlot in the southwest portion of the plan. The Region has no objection to th.e extension of draft approval for a one-year period. This annual extension review was noted when subdivision approval authority was delegated to the City and allows the regular consideration of the appropriateness of subdivision design and conditions. The final registration of this subdivision plan, as well as others in the City, may potentially be delayed due to servicing requirements. Niagara Falls and the Ministry of Environment (MOE) have a development strategy in place that permits development to proceed City-wide on the basis that the City's annual sewer program results in a net decrease in sewage flows. The City's sewer separation program has been suspended which affects this City/MOE development strategy. Therefore, all developments must be reviewed individually to determine their impact on localized sewage overflows or basement flooding. CONCLUSION: Based on this review, a further one-year extension (until August 15, 2003) to draft plan approval can be supported, conditional on the subdivision sign being ma'mta'med for public information purposes. Prepared by: Richard Wilson Planner 2 onald Chief Administrative Officer Recommended by: Doug D~Yson Director of Planning & Development Approved by: Tony Ravenda Executive Director of Corporate Services RW:am Attach. FILE: SSPDR~2002~PD2002-92, Chippawa West Phase 2,wpfl I letrus July 31,2002 City of Niagara Falls Planning and Development Department City Hall 4310 Queen Street Niagara Falls, Ontario L2E 6X5 1700 Langstaff Road, Suite 2003, Concord, Ontario L4K 3S3 Tel: (905) 66%5571 Tor: (416) 798-7229 Fax: (905) 669-213~.~ j -~-"P~tannlng Attention: Mr. Dennis Savriga, Mana~ler Dear Sir: Re: Queensway Chippawa Properties Inc. Chippawa West Phase 2 Draft Plan File 26T-94009 City of Niagara Falls Please be advised that we wish to request the extension of Draft Plan Approval with the above noted plan for a further 3 years. Per the issuance of Draft Approval, we are requesting that the above noted Draft Plan be extended for 3 years per the current policies within the Planning Act. It is our intention to commence this development once the market conditions and servicing costs are appropriate. If any fee is involved in extending Draft Plan Approval, please advise. I await your comments in regards to the above. Yours truly, METRUS DEVELOPMENT INC. Darren Steedman Project Manager DS:st c.c. Fraser Nelson, Metrus Development Inc. RECEIVED AUG 0 6 2002 PLANNING & DEVELOPMENT MEMBER Draft Plan of Subdivision Chippawa West Phase 2 26T-94009 Location Map Subject Land S:~ ubdivi~ubd~l'q~c2~lfl~ln.ep~. 1: NTS A~gu~ 1998 · The City of Niagara FallsI Canada Local Architectural Conservation Advisory Committee 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-maik nfplan@city.niagarafalls.on.ca Todd Barclay Chair PD-2002-93 September 16, 2002 His Worship Mayor W. Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD-2002-93, Matters Arising from the Local Architectural Conservation Advisory Committee (LACAC) RECOMMENDATION: It is recommended that Councilpass the by-law on tonight's agenda to repeal a portion of the heritage designation applicable to the railway lands and retain designation of the Via Rail Station. BACKGROUND: The regular meeting of the LACAC was held on August 28, 2002, at which the following matter was discussed. i) Amendment to the Designation of Via (Grand Trunk) Railway Station CN Properties requested that the heritage designation affecting the railway lands behind the Via Station be repealed in order to provide for the sale of lands for an international truck bridge corridor. LACAC supported this request since the designation would remain on the historic railway station which was the reason for the original designation. On August 1, 2002, Council directed staff to commence the process. Notice of Intention to repeal a portion of the designation was published on August 3, 2002. CN submitted a reference plan showing the building and land immediately around the Via Station to be used for the legal description. This legal description will be used to replace Schedule "A" to By-law 99-108 of the original designation. LACAC reviewed the legal description at which time it was noted that a distance of 6 metres (19.6 feet) existed between the area containing the station and the Bridge Street road allowance. The Committee was concerned that this area not be changed in such a way so as to reduce the historic and architectural significance of the train station. LACAC adopted the following motion: Wot[dh0 Tooet~r to Seroe Our Gomm}mitg September 16, 2002 - 2 - PD-2002-93 "THAT in order to preserve the historical and architectural significance of the Via Railway Station, as designated under the Ontario Heritage Act, the existing building exposure be maintained and consideration be given not to undertake any work between the front of the railway station and Bridge Street which would detract from the character of the building." No objections were received within the 30-day appeal period. A by-law to provide for the reduced land area to which the heritage designation applies is included on tonight's agenda. CONCLUSION: LACAC is looking for Council's support on this matter. Respectfully submitted: · Local Architectural Conservation Advisory Committee S:~DR',2002~D2002-93 LACAC Matters Arising. wpd i, IB:IG. F~LS CLERKS'O?_ o.qlo 14'.36 John and Nancy Sernach 6491 Stamford Green Dr. Niagara Falls, ON L2J 1T7 September 5, 2002 His Worship Mayor Wayne Thomson and Members of City Council 4310 Queen Street Niagara Falls, ON L2E 6X5 Dear Your Worship: RE: By-law to Provide for the Control of Animals No. 2002-129 - Passed July 15, 2002 The purpose of this letter is to request some leniency to the above by-law. We have worked with the City in the past: [21 to build our shed in accordance with the by-law; [21 to resolve a complaint prior to the by-law regarding our two roosters and chickens; and ~ to assist the City in the preparation of the new by-law. When the by-law was passed, we immediately reduced the number of chickens we have from 30 to 20. We have now been told that we need to relocate the shed that houses the chickens and feel there should be some leniency with this request for the following reasons: 021 we existed before the by-law; ~ we built our shed in accordance with the by-law; Q we have been inspected by the Building Department, the By-law Enforcement Department as well as the Health Department and everything was approved; Q our shed and mn are fully enclosed. We would ask for the same consideration as owners of exotic pets, businesses in non-conforming areas, etc. When the by-law that pertains to them changed, they were grandfathered as they were in existence before the by-law and exempt from the by-law. We would ask for this same treatment. Thank you in advance for your consideration and we look forward to receiving your favourable reply. Sincerely, PLANNING MEETING iSEP $ John and Nancy Semach HONEYMOON CITY TOASTMASTERS CLUB 5879, AREA 37 DISTRICT 60 _ II C/O Sharlene Stafford President 8096 Ridge Road, R.R. #4 Welland, Ontario L3B 5N7 905-384-2488 September 11,2002 Mayor Wayne Thomson City Hall P.O. Box 1023 4310 Queen Street Niagara Falls, ON L2E 6X5 Dear Mayor Thomson: On behalf of Toastmasters International Distdct 60 in Ontado and World Head Quarters in California, I am requesting that you proclaim the month of October 2002 as Toastmasters Month. This is consistent with the recognition extended to Toastmasters International by municipalities in more than 70 countries around the world. For 78 years Toastmasters Intemational has been devoted to helping people learn the vital skills of listening, thinking, and speaking as they develop or enhance their leadership and communication potential. Every day approximately 8800 Toastmasters clubs around the world carry out the Toastmasters International mission to make oral communication a worldwide reality. During 2002-2003 the Toastmasters clubs in Ontario are celebrating the 43rd anniversary of Toastmasters International in the province. The Honeymoon City Toastmasters is a young club that was chadered in February of 2002. Our regular meetings are on Wednesday night at 7:30 pm. at St. Paul's High School in Niagara Falls. Our club meetings are open to guest and they are encouraged to participate with Table Topics and other roles in our meetings. The fall conference for District 60 which covers from Trenton to Stratford and from Elliott Lake to Niagara Falls will be held on November 15 to the 17 at the beautiful Hilton Hotel here in Niagara Falls. I am presently the President of Honeymoon City Toastmaster and I am a legal assistant at the law firm of Martin Sheppard Fraser LLP in Niagara Falls. Our past President is Mr. Rick Lundy, who until recently was the head of the Niagara Regional Police division in Fort Ede. I would appreciate your consideration of this matter. Please do not hesitate to contact me in the event additional information is required. Sincerely, Honeymoon City Toastmasters Club 5879 Area 37 Sharlene Stafford  Legal Assistant ~. t~ 4607 Huron Street ~.~,~.~..~. P.O. sox 900 Niagara Falls Ontario Canada M.~k. 1~ L2E 6V7 SHEPPARD Telephone: 905-354-1611, Ext. 220 ~h~RA S ERLLP Toli Free: 1-800-263-2502 ~,~ ~:2' Facsimile: 905~354-5540 Barristers & Solicitors Email: stafford@marfinshep.com The City of Niagara Falls Canada Community Services Department Municipal Works 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905) 356-2354 E-mail: munwks@city.niagarafalls,on.ca September 16, 2002 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario. Members: Re: MW-2002-113 Winter Sand (2002-2003) Season - Regional Tender 2002-T-28 Ed Dujlovic, P. Eng. Director MW-2002-113 RECOMMENDATION: It is recommended that the tender for supply and delivery of winter sand, including the mixing of salt with this sand, be awarded to Vineland Quarries for the unit prices tendered. BACKGROUND: The City of Niagara Falls again participated with other Municipalities through Regional tendering. The work consists of approximately 7,800 tonnes of screened sand, delivered to and mixed at our Stanley Avenue Service Centre. Low bidder for City of Niagara Falls was - Vineland Quarries $102,570.00. Staffrecommends the tender by Vineland Quarries for supplying, delivering and mixing with salt, and stock piling be accepted. The tender costs represent an increase of 0.6 percent over 2001-2002 costs. Dou~od, C.E.T. Operations Superintendent acDonald ~J Ch'lef Administrative Officer Recomm~z~ed by: Director of Municipal Works Attach. Working Together to Serve Our Community Fire Services Parks, Recreation & Culture Business Development Municipal Works Building & By-Laws Total - Part Total Cost Parts 'A", 'B' & 'C" Plus 7% G.S.T. {o~ tota~ exct. P.S.T.) Grand Total Parts "A". "B' & $7.60 $3.55 $7.50 $3.80 $7.50 $3.55 $7.50 $2.60 $7.60 $1.50 $7.50 $3.20 $7.5O $2.5O $7.50 $3.10 $7.5O $3.50 $7.5O $2.10 $3.19 $6.60 N/C $3.19 $6.20 N/C $3.19 $6.50 N/C $1.33 $1.020.80 $45,600.80 $1.33 $1,276.00 $34,876.60 $t.33 $1.403.60 $62.013.60 $3,700.40 $162.,390.40 $2.60 $4.897.60 $2.60 $375.00 $2.50 $6,250.00 PST N/C $2.50 $102.570.00 $26,800.00 $22.355.00 $48,400.00 $55,500.00 $70.400.00 $54,450.00 $25,800.00 $536,475.00 Total $ 14,125.00 $536.8?.7_50 $37,577.58 $600,200.08 Unit Co~ Marl $7.75 $7.75 $7.75 $7.75 $7.75 $7.75 $7.75 $7.75 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 Ed Dujlovic, P. Eng. Director MW-2001-114 September 16, 2002 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: MW-2002-114 Class Environmental Assessment Reconstruction and Widening of Kalar Road (Lundy's Lane to Beaverdams Road) RECOMMENDATION: It is recommended that the City engage the services of the V & S Engineering Group Ltd. to conduct a Class Environmental Assessment for the reconstruction and widening of Kalar Road (Lundy's Lane to Beaverdams Road) in accordance with their proposal dated August 26, 2002. BACKGROUND: The City continues to receive development proposals for new residential and commercial projects within the westerly limits of the Urban Area Boundary. These developments incrementally place larger demands on the City's collector road network and it is important that these impacts are anticipated and addressed by timely upgrades. Over the past couple of years, construction and occupancy of the Beaver Valley and Orchard Grove Plans of Subdivision have added to the volume of traffic on Kalar Road which warrants improvements to address safety and capacity constraints. Recently, the City has considered the application to complete the development of the lands on the west side of Kalar Road between Beaverdams Road and Lundy's Lane (Orchard Grove West Subdivision) which is likely to proceed to construction this Falls, pending an OMB appeal. It would be prudent and timely planning to complete the required Environmental Assessment, as soon as, possible so that the design and construction of this important road section can be coordinated with the new development. Funding to complete the study has been provided for in the City's Development Charges Study which can well cover the estimated fee of $42,400 plus GST. Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation & Culture Business Development Building and By-Laws September 16, 2002 -2 - MW-2001-114 V & S Engineering Group Ltd. is a qualified firm and has completed a number of similar projects with its sub-consultant, DelCan Corporation. Manager of Development Respectfully submitted: ~ht~ne f~tCmDi°nI~salt rda t i v e Officer Ed Dujlovic, P.Eng. Director of Municipal Works S:~REPORTS~2002 Reports\MW-2002-114 - Class EA Reconstruction & Widening of Kalar Road.wpd 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-2002-116 File 2002-102-01 September 16, 2002 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls Members: Re,' MW-2002-116 Contract 2002-102-01 DropShaft and Storm Sewer Extension Hydro One R.O.W. Valley Way to Stamford Street RECOMMENDATION: It is recommended that the unit prices submitted by the low tenderer, Provincial Construction Ltd., be accepted, subject to Report MW 2002-117, Hydro One Easement Agreement being approved. BACKGROUND: The Tender Opening Committee, in the presence of the City Clerk, Mr. Dean Iorfida, opened tenders on Wednesday, September 11, 2002 at 1:30 p. m. for the above noted contract. Tender documents were picked up by seventeen (17) Contractors/Suppliers and seven (7) bids were received. Listed below is a summary of the totalled tendered prices, excluding GST, received from the seven (7) Contractors, together with the corrected bids*. 1. Provincial Construction Ltd. (Niagara Falls) $1,584,372.15 2. Baiocco Construction Corp. (Thorold) *$1,758,778.50 ($1,759,181.50) 3. Clearway Group of Companies (Concord) *$1,847,306.95 ($1,847,006.95) 4. Elgin Construction (St. Thomas) *$1,949,573.93 ($1,926,801.38) Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation & Culture Business Development September 16, 2002 2 MW-2002-116 5. Volsci Construction 6. Centennial Construction 7. Rankin Construction Inc. (Niagara Falls) (Niagara Falls) (St. Catharines) *$2,372,723.69 ($2,372,735.58) *$2,403,048.00 ($2,403,039.90) $2,988,211.20 The lowest tender was received from Provincial Construction Ltd. in the amount of $1,584,372.15 This Contractor has previously performed similar type projects for the City. We are therefore, of the opinion, that this Contractor is capable of successfully undertaking this project. Financing: The Engineer's estimate for this contract was $1,100,000.00 Project Costs: Awarded Contract $1,584,372.15 Hydro One Easement $ 57,500.00 Consultant Fees $ 53,640.00 Soils Investigation $ 4,850.00 Test Holes $ 1,400.00 Inspection fees $ 20,000.00 Net GST (3%) $ 51,652.86 TOTAL $1,773,415.01 F~d~g: Capital Construction Program Development Charges Reserves Regional Cost Share (3%) MTO Cost Share (5%) Debentures $ 702,000.00 $ 795,000.00 $ 53,202.00 $ 88,670.00 $136,128.00 TOTAL $1,775,000.00 As a result of the test holes that were dug during the tendering period, the prices submitted by the contractors reflected the soils conditions that were observed. Since the installation of this dropshaft connection and storm sewer extension is necessary for a number of pending and future projects, staff is still of the opinion that the cost is in line for the work to be performed. September 16, 2002 3 MW-2002-116 This project is scheduled to commence on September 30, 2002, and all work to be completed within 55 working days. The Region will also be calling tenders shortly for the Roberts Street project, together with Stanley Avenue reconstruction from Stamford St to north of Valley Way. This storm sewer installation will provide the storm outlet for that project. Council's concurrence with the recommendation made would be appreciated. Prepared by: Frank Higgins, C.E.T. Manager of Projects Respectfully submitted: ! Chief Administrative Officer Approved by: Ed Dujlovic, P. Eng. Director of Municipal Works S:~ILEPORTS~2002 Rcporl$~VlW-2002-116 contrltct 2002-102-01 Hydro DropshalVt and pipin$.wpd 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-2002-117 File 2002-102-01 September 16, 2002 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls Members: Re: MW-2002-117 Hydro One Agreement for Dropshaft and Storm Sewer Extension on Hydro One R~O.W. from Valley Way to Stamford Street RECOMMENDATION: It is recommended that Staff be authorized to enter into an easement agreement with Hydro One for the purpose of a storm sewer from Valley Way to Stamford Street. The agreement contains a one time payment of $57,500.00 plus GST. BACKGROUND: In order to construct the storm sewer, an easement is required from Hydro One. The payment fee is based upon 50% of the market value, which has been determined to be $217,800 per acre. The required property is .503 acres. An additional fee of $2,700 is also required for the temporary working easement. This is in line with past practice of Ontario Hydro. Funding for this fee will be from Development Charges Reserve. A Class Environmental Assessment was carried out in 2000 for the purpose of determining the most effective solution for providing stormwater management alternatives for the attached drainage area. Alternative "C." New trunk storm sewer and connection to the existing dropshaft provided the most effective and timely outlet for the drainage area. As Council will note, also appearing on tonight's agenda is the recommendation to award the installation of the storm sewer along this easement. This storm sewer is also required to provide the necessary storm outlet for the proposed works to be carried out by the Ministry of Transportation on Highway 420, as well as, the Region for their works on Robert Street and Stanley Avenue Both of these Agencies will cost share on this storm sewer. As the storm sewer progresses south on Stanley Avenue, relief from basement flooding will occur, as well as, potential for continued development. Working Together to Serve Our Community MuniCiPal Works Fire Services Parks, Recreation & Culture Business Development September 16, 2002 2 MW-2002-117 Council's concurrence with the recommendation made would be appreciated. Prepared by: Frank Higgins, C.E.T. Manager of Projects Respectfully submitted: oM~MacDonald~~ Chief Administrative Officer Ed Dujlovic, P. Eng. Director of Municipal Works S:~v. EPORTS~2002 Repor~shM~/-2002-117 Hydro One Stoml Ea.~men! Agreement Valley Way to Stamford.wpd APPROVED DATE MUNICIPAL WORKS STORM SEWER DRAINAGE SCALE N.T.S. REVISION DATE 02/05/23 DWG. NO, AREA NF- 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-2002-118 File G-180-36 September 16, 2002 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: RE: MW-2002-118 License Renewal Agreement Kiwanis Bench Advertising Program RECOMMENDATION: That the license renewal agreement with the Kiwanis Club of Stamford Ontario Limited be approved and further that the Mayor and Clerk be authorized to execute the said agreement. BACKGROUND: On September 19, 1997, the City entered into a five-year agreement with the Kiwanis Club of Stamford, with an option to renew for an additional five years. This agreement permits the Kiwanis Club to place benches on municipal property. The goal of this program is to provide benches to transit users and to provide advertising revenue to the Kiwanis as a charitable organization. The license renewal agreement will amend this agreement to ensure that benches are placed only at transit locations, and to ensure that advertising is only allowed on one side of the back of the bench. This agreement will be in effect as of September 1, 2002 to August 31, 2007. The license renewal agreement will be forwarded to the Kiwanis Club of Stamford The Committee' s concurrence with the recommendation outlined in this report would be appreciated. Prepared by: Karl Dren, C.E.T. Manager of Traffic & Parking Services E'-d~Dujlo~c, P. Eng. Director of Municipal Works S. Wheeler s:\traffic\reports\2002\2002 Community ServiceshMW2002-118 .spectfully subtnitted: strative Officer Working Together to Serve Our Community Municipal Works m Fire Services m Parks, Recreation & Culture ~ Business Development ~ Building & By-Law Services The City of Niagara Fallsl 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.niag arafalls.on.ca Ed Dujlovic, P. Eng. Director MW-2002.11 g September 16, 2002 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: RE: MW-2002-119 Dump Box Upgrade on #101 RECOMMENDATION It is recommended the purchase of a "U" body sand/salt box for track #101 be awarded to Viking Cives at a cost of $35,767.30 including taxes. BACKGROUND In an effort to upgrade our aging sanding/salting fleet, staffrecommends a"U" body salt/sand box be purchased to replace the standard dump box on existing truck #101 (2000 Freightliner). This will increase the versatility of the truck to allow sanding/salting and plowing, as well as, other normal activities. The standard dump box from truck #101 will be utilized on an older unit and eliminate repairs that are required on that track's box. Staff received quotes only from Viking Cives. The existing equipment is manufactured by Viking Cives and any other manufacturer's unit would require modifications to the truck and unit and would lead to increased costs. The cost of this expenditure is budgeted for in the 2002 Operating Account. Council's approval of this recommendation would be appreciated. Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation & Culture Business Development- · Building & By-Laws MW-2002-119 - 2 - September 16, 2002 Prepared by: Douglas Good Operations Superintendent Ed Dujlovic, P.Eng. Director of Municipal Works DG/gkf attach. H 5reports~2002hMW-2002-119DumpBoxUpgrade.wpd _Respectfully submitted:, John MacDonald Chief Administrative Officer 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 Ed Dujlovic, P. Eng. Director MW-2002-120 September 16, 2002 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: MW-2002-120 Water Model Phase II RECOMMENDATION: In accordance with the City's Consultant Selection Policy, it is recommended that the City of Niagara Falls enter into a Consulting Services Agreement for field testing and subsequent calibrations of a dynamic water quality model system with Earthtech Canada Limited, for the upset limit of $ 50,100. BACKGROUND: City of Niagara Falls staff has for the past three years been constantly refining the City's water system model to better predict: future servicing concerns, identify vulnerabilities within the supply system and long range capital needs. Predictive analysis of the water distribution system on an ongoing basis is essential to ensure the continued safety and adequacy of the City's water supply. Phase I of the model, refer to MW-2001-53, established the fundamental operating parameters of the model and allowed for simplistic examinations of the transport of chlorine through the distribution system and its effect on local water quality. Phase II of the model will involve a detailed examination of the routing of flow throughout the water distribution system. The establishment of the transport path of water from Regional Treatment facilities to the customer is critical in defining how chlorine decays throughout the system and overall water quality at any point in the system. A detailed water quality model is also needed to identify any required augmentation of chlorine at strategic locations in the system. Staff has negotiated a cost sharing arrangement with the Regional Municipality of Niagara for this project as the issues at hand are multi jurisdictional in nature. The cost sharing (Cont.) Working Together to Serve Our Community Municipal Works Fire Se[vices Parks, Recreation & Culture Business Development Building and By-Laws September 16, 2002 -2 - MW-2002-120 for this project is as follows: City of Niagara Falls Contribution: $ 30,800 Regional Municipality of Niagara Contribution: $19,300 Total Project Cost $ 50,100 As per the City's Consultant Selection Policy, direct appointment for consulting services below $60,000, Earthtech Canada Limited has been selected to perform the work necessary for this project based on their previous experience and their proposal received by staff. Council's concurrence with the above recommendation is requested. Prepared by: David Watt, C.E.T, OLS, OLIP Manager of Infrastructure Respectfully submitted: //ohn MacDonald Chief Administrative Officer Approved by: Ed Dujlovic, P.Eng. Director of Municipal Works Attach: S:\REPORTS~2002 Reports\MW-2002-120 - Water-ModeI-PhaselI.wpd The City of Niagara Falls Canada Community Services Department Parks, Recreation & Culture 7565 Lundy's Lane Niagara Falls, ON L2H 1G9 web site: www.city.niagarafalls.on.ca Tel: Fax: E-mail: (905) 356-7521 (905) 356-740,4 akon@city.niagarafalls.on.ca September 16, 2002 Adele Ken Director R-2002-49 His Worship Mayor Wayne Thomson, and Members of Municipal Council, City of Niagara Falls, Ontario. Members: Re: R-2002-49 2002 Sports Wall of Fame Inductees RECOMMENDATION: That Council endorse the following Inductees to the 2002 Niagara Falls Sports Wall of Fame, as recommended by the Sports Wall of Fame Committee: 1900 - 1950 Era Jack Bell Charles Kitchener Shannon Gerald Edmund Shannon Anthony "Jiggs" Rufrano Builder Athlete Athlete Athlete 1951 - 1970 Era Arthur Clifford Darch Daw's Sheet Metal 1961 Provincial Champs Falls View Firemen Juveniles John Robb Weightman's O.B.A. Champions Athlete Team Team Builder Team 1971 - 1990 Era A.N. Myer Girls Soccer Team Marty Dallman Pete Mancuso realrl Athlete Builder BACKGROUND: The Sports Wall of Fame Committee reviewed the Nomination Forms submitted and selected the above-listed Nominees for Induction to the 2002 Niagara Falls Sports Wall of Fame. Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation & Culture · Business Development September 16, 2002 - 2 - R-2002-49 The 2002 Sports Wall of Fame Induction Ceremony will be held on Sunday, January 19, 2003 at the Niagara Falls Memorial Arena. Respectfully Submitted: Alderman Paisley Janvary-Pool, Chairperson Sports Wall of Fame Committee S:\Council\Counci12002LR-200249 2002 Sports Wall of Fame lnductees.wpd The City of Niagara Falls~ Canada Community Services Department Parks, Recreation & Culture 7565 Lundy's Lane Niagara Falls, ON L2H 1G9 web site: www.city.niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905) 356-7404 E-mail: akon@city.niagarafalls.on.ca Adele Ken Director R-2002-51 September 16, 2002 His Worship Mayor Wayne Thomson and Members of Municipal Council City of Niagara Falls, Ontario Members: Re: R-2002-51 Heritage Community Recognition Program RECOMMENDATION: That Council approve the nominations selected by the Arts and Culture Commission for the Heritage Community Recognition Program and that the nominations be forwarded to the Ontario Heritage Foundation. BACKGROUND: The Heritage Recognition Program is in its seventh year and its purpose is to allow City Council to recognize individuals who have made a significant contribution to local heritage preservation. The program has been established in four categories for nominations - built, cultural, natural and heritage garden conservation. The specific guidelines are attached. Nomination forms were sent to all our heritage groups and a"Call for Nominations" was also placed in the Niagara Falls Review. Nominations were received in two (2) of the four (4) categories and these were reviewed by The Arts and Culture Commission. The Members of the Commission are requesting that Council support the following nominees: Donald Thomas under the category of Built Wilma Leone Mordson under the category of Cultural Yours truly, Karen Akalu, Chairperson Arts and Culture Commission AK/das Attachments S:\Couneil\Council 2002hR-2002-51 Heritage Community Recognition Programwpd }Forking Together to Serve Our Community Municipal Works Fire Services Parks, Recreation & Culture Business Development WHAT IS HERITAGE? Hermge is everything ~ have inherited, that we value and wish to prem~ for fimme generations. It is a living legacy d~ae] I helps us to understand our past, provides context for the pr-~nt and influences the future. WHAT IS THE HERITAGE COMMUNITY REC:OGNrnON P~OGRAM! The Ontario Hermge Foundation's annual Heresge Community Recognition Program enables municipal and I regional councils, First Nation and M&is'eommumties to recognize individuals who have made significant conttlbutiom to heritage preserVa%n in their commumties. WHO IS ELIGIBLE FOP, NOMINATION~ area of built, cultural and natural hertnge ~on or heritage galen conservation is eligible for nomination. Hexqttage activities mint have been provided without payment Duties performed during the normal course of elected, professional or business work are not elig~le for recognition. Posthumous nominatiom an: not eli~le for recognition. Small project groups may also be considered for nomination where the effort is shan~d. For example · a small steenng or ad-hoc committee responsible for a special project · co-authors of a local history publica6on · partners who have restozed a hertage home The entire membership of an ovgainzation - for exampl~ a local architectu~ advisory committee, historical society or the board of a comervation authority- is not digibl~ WHAT 'rYF~$ o~ ACTntn'la$ ~AIJFY FOR NOMINAYIONI The following are examples of voluntary activities that ~ Buile · leadership in the restoration and presen, arion of hertage swuctores, for exampl~ buildings and bridges · long-standing voluntary service as a member of a local architectural conservation advisory committee or other ovgamzation dedicated to preserving hertage sm,~n,-es · significant fundraising to support the restoration of a historic s~ucture Cultural: · long-standing volunteer service to a historical sodety, museum or historic site · resea~n or wrinng related to local history · voluntaxy teaching of local history or traditions · peesonal collections of local artifacts, hertage photographs or memorab~ that are shared with the commtmity Naturak · significant volunteer work at a conservation authority/area or othe~ padda~ · outstanding contributions as a volunte~ board member of a local ~-,9-al heritage organ~tion · demonstrated leadership in the protection of msural heritage, for example, endangered species habitats, ~ Carolinian fi~rests, wetlands, watercourses and tall grass prairies · significant natural heritage conservation activities by pnvate landowners Heritage Garden Conservation: · hands-on volunteer work in pr-~wmg, restoring or re-creating a lmitage gan:lin based on historical research · significant fundraising to support the p~servatiou, restora6on or ~on of a heritage gaMen · research or writing related to heritage gardens HOW ARE NOMINATIONS _~'~__M, Nominations must be endor~&xt by the Chair. May,~ Ree~ Watd¢~ Chief or Council President (or delegate) of a munidpal council, tegional cotmcil, First Nation council or MSis community council A Council may submit a maximum of one nornlnatlon for each of theft)or categoties. Staff and volunteers of community and heaitage organizations are ideally suited to identify individuals who are making ex~ptlonal conllqlmtiom to l~"itltge pt~setwatioa in ~ local area. The Foundation encourages these organizations to contact their local Coundl with proposed nominations. Endorsed nominations nau~ be submitted on the form prodded. A detailed deserption of flae nominee and his/he~ ad~ievements must be included. Additional material (publications, media stories, photographs) suppoctmg the nomination may be psovided. Please 1/mit the additional materal to items that will provide new information and insight into the nature of the nominee's conmbutiom. Please do not send otiginals of important or official docaments, as they will not be rrturned. HOW ARE THE RECIPIENTS Ontario Heritage Foundation staff will review all nominations to enstu~ compliance with the program guidelines. WHO I~..~-~'--~ THE PP~:~:~:MTA'nON$ TO The Foundation will notify the Council of the stares of the nominations by mail and wi~ pmwde certificates and athievemmt pins fur the recipients. It is the ~ponst~lity of the Council to flame the ceniti~r- The Fo~tion will md om letms of congtamhtions to the x~pients aft~ the Councils have been notified. Councils must notify the Foundation whm and where their lxesenta%ns will take pla~e, for example, at a council meeting, volunteer recognition event br annual celebratiofi. Whenever poss~le, the'Foundation will send a representative to the community to make the preramtafion to the recipient(s)c WHAT IS THE~ DEADUNE FOR NOIqlNA'nONSZ Completed nomination packa~ must be submitted no htes than Movatay. September 30. 2002. If you are submitxing more than one nomh~on, please photocopy the otigiml blank form. Please send completed forms and support material to: Ontario Heritage Foundation ~ ~a co~.~,-~o~ u~t I0 Add,~k ~ ~ ~ 30~ Toronto, MS¢ U~ Additioml ~nform~tion may be obt~ned T& (4~6) ~2S-S0IS ~ (4I~) 314-0744 Aussi clisponible en franqais. DONALD THOMAS (Under the Category of Built) Donald Thomas, over the past ten years has dedicated countless hours to the refurbishing of the historic Nathaniel Dett Memorial Chapel which is now 16 years old and has been declared a National Historic Site. Through the years, he has worked tirelessly to make sure that the edifice will continue into the next generation. He wrote, directed and produced a play called "The Tooth of the Lion" which opened to sell-out audiences, with the proceeds of the ticket sales going to the chapel rebuilding fund. The Norval Johnson Heritage Library has also benefited from his expertise. His work has recently been slowed by a threatening illness over the past year. Although the interest and drive are still there, he is no longer physically able to carry out the labour. WILMA LEONE MORRISON (Under the Category of Cultural) For many years this Niagara Falls citizen of black ancestry has given extensively of her time and energy to creating awareness of the contributions made by black Canadian pioneers to Niagara's early history and to the appreciation of it. To this end, Wilma has been a guest speaker to several area groups and has been the subject of numerous items of heritage interest in the press. She helped to organize and participates in "The Crossing" (an international event) which commemorates the crossing of the Niagara River by slaves escaping the United States to Canada via the "Underground Railroad" and their subsequent contributory achievements as settlers. Mrs. Morrison was prime mover in establishing a local collection of black history documents and memorabilia, the "Norval Johnston Memorial Library", housed by the historic British Methodist Episcopal Church, Niagara Falls, of which she is Treasurer and a staunch member. Mrs. Morrison was instrumental in organizing the "Niagara Freedom Trail" Tours of Niagra Region and acts as a guide and hostess to these special-interest groups. This programme has been expanded by the Ministry of Tourism and Regional Niagara Tourist Council as a regular tourist attraction throughout South-West Ontario. In addition to her voluntary work in this special field, Wilma is an active member of local associations concemed with area heritage, culture and community affairs. Wilma Morrison has brought enthusiasm and dedication to preserving information and promoting interest regarding black Canadian pioneer heritage and has achieved both to a most commendable degree. 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 September 16, 2002 R.O. Kallio City Solicitor L-2002-42 His Worship Mayor Wayne Thomson and Members of Municipal Council, City of Niagara Falls, Ontario Members: L-2002-42, Transfer of Easement to Enbridge Gas Distribution Inc. Parts 3 and 4 on 59R-9415 Erie Avenue and Elizabeth Place Our File No.: 1995-84 RECOMMENDATION: That Council authorize a Transfer of Easement along Parts 3 and 4 on Reference Plan 59R-9415 from The Corporation of the City of Niagara Falls to Enbridge Gas Distribution Inc. for the purpose of protecting a gas main, for nominal consideration. BACKGROUND: The City of Niagara Falls stopped up and closed a portion of Erie Avenue and Elizabeth Place in 1996. Enbridge Gas Distribution Inc. has requested a Transfer of Easement from the City for Parts 3 and 4 on 59R-9415 for the purpose of protecting its existing gas main. The location of the easement is shown hatched on the plan attached. Prep/~d bY: / Law Cl/~r~/~ R~~by: RxO. Kalli~5 City Solicitor Tony Ravenda Executive Director of Corporate Services John MacDonald Chief Administrative Officer MM:lb Clerk's · Finance Working Together to Serve Our Community · Human Resources Information Systems · Legal · Planning & Development Ld Z W 6Lo~ -,- BLOC/4 LOT 4 ................... "'~ ~ - N~'~ I ~.~ ~ ~ :,~-~,,~-,,,.,~,, AVENUE B~OCA' 2~ (1870) ~ENUE METRIC: ri-SEE DETNL 5 ' 'PARTS, PART7 BL ,L The City of Niagara Fall; Canada Corporate Services Department Legal Services 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www:city, niagarafalls.on.ca Tel: Fax: E-mail: (905) 356-7521 (905)371-2892 rkallio@city.niagara~lls.on.ca September 16, 2002 R.O. Kallio City Solicitor L-2002-44 His Worship Mayor Wayne Thomson and Members of Municipal Council, City of Niagara Falls, Ontario Members: L-2002-44, Stopping Up and Closing of Part of Beeehwood Road Between Montrose Road and Thorold Stone Road Our File No.: 2002-181 RECOMMENDATION: That parts of Beechwood Road between former Stamford Township Lots 50 & 51 designated as Part 15 on a draft Reference Plan, attached as Appendix "1", be stopped up and closed and that the Regional Municipality of Niagara be so notified. BACKGROUND: Attached as Appendix "2" is a copy of Report MW-2002-t 12 wherein Municipal Works requested the City's support to realign Mountain Road. In 2002 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 stop up and close part of the road allowance between former Stamford Township Lots 50 & 51 designated as Part 15 on a draft Reference Plan. The subject portion is shown hatched on the draft plan attached. In accordance with the Municipal Act, notice of Council's intention to pass a by-law closing parts of the road allowance was published in the issues of the Niagara Falls Review for Saturday, August 24th and 31st and September 7th and 14th, 2002. The notice states that any person who claims that his/her land will be prejudicially affected by closing the subject portions of the road allowance and who applies to be heard, will be heard by Council at this meeting. At the time of writing this report no one has applied to be heard. Working Together to Serve Our Community Clerk's · Finance · Human Resources Information Systems Legal · Planning & Development L-2002-44 - 2 - September 16, 2002 This matter has been examined by City Departments and the public utilities who have indicated the subject portion can be closed and declared surplus to the City's needs. City Solicitor MM:lb Approved by: Tony Ravenda Executive Director of Corporate Services ohn MalDonald '- /~°hil~e f~adCmD~ni s t r at iv e Officer INST. 529334 SECONDLY CORRECTING D~ED PIN 64267-0062 (LT) -~- I I PART 6 X PL'~,N 59R-104 l I iLSEE D~TNL 'r t-~ L~ ~ 0 ' INST.  529334 Z INST. 531805 PART i 59P,-i 0456 iRT SEE DETAIL Niagara Falls11141. mmunity Services Department Municip,q Works 43 I0 Queen Street P.O. Box 1023 .Niagara Falls, ON L2E 6×5 web site: www.oity, nlagamfalls.on.ca Tel: (005) 356-7521 Fax: (905) 356-2354 August 13, 2001 Aldeanan Victor Pietrangelo, Chairperson ' and Members of the Community Services Committee City of Niagara Falls, Ontario ~Members: Re: MYg-20Ol-ll2 Mountain Road Transportation System Review Ed Dujlovic, p. Eng. Director MW-2001-112 Z and that the section of Be. echwood Koad as indicated be transferred to the Regional Municipality of Niagara. BACKGROUND: As.COmrrdtt~e may recall Michael Watt of Walker Industries Limited made a presentation on June 1 I; 2001, on the realignment of Mountain Road between Beechwood Road and Townline Road. No concerns were raised by the Committee, however, before any endorsement was given by thc City it was requested th~ another open house regarding the matter be held. Accordingly, on Thursday, August 9, 2001 a Public Info,marion Centre was held at the Regional Municipality of Niagara, presenting the Preferred Roadway Design. As indicated in the attached summary provided by Totten Sims Hubicki tho consultants for the Transportation Review, twenty- three individuals attended the open house with twelve comments sheets being submitted. The majority of the COmments submitted v~ro satisfied with the preferred design. With respect to the individuals, not sat[stied with the desii~F~, a number of concerns that were expressed were not related to the realignment of Mountain Road. The pro. posed realignment has no impact on the drainage flows to Shriners Creek and any future expansion to the q~_~a_rry beyond what has been approved would require Walker Industries Limited to go through a public hearing process. With respect to the concern that the preferred design will lead to increased probability of accidents, the consultants did indicate to the resident that the design will actually decrease the number of conflict points. Municipal Works Worhing Together to Serve Our Community Fire Sen/ices Parks, Recreation & Cullure Business Development · Building and By-Laws 2001-08 - 13 -2 - MW-2001-112 Based on the omeome of the open house it is City staffrecommendafion that the preferred alignment for Mountain Road be approved, as per the attached drawing, and that Beechwood Road from Mountain Road to the proposed intersection south of Mountain Road be transferred to the Regional Municipality of Niagara. Committee's concurrence with the above recommendation would be appreciated. · Prepared by: Ed Dujlowo, P Eng Director of Municipal Works Approved by: John MacDonald Executive Director of Community Services Edward P. Lustig. Chief Admln~strativo Offi~// S:',REPORTfi'~001 ReportskMW-2001-112 - Mounta/n Rv~ R~mlghm~t 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)374-7500 E-mail: rkallio@city.niagarafalls.on.ca September 16, 2001 R.O. Kallio City Solicitor L-2001- 45 His Worship Mayor Wayne Thomson and Members of Municipal Council City of Niagara Falls, Ontario Members: L-2001-45 Letters of Credit Our File No. 1996-08 RECOMMENDATION: That HSBC Bank Canada be added to the list of approved banks and credit unions from which the City can accept Letters of Credit as security. BACKGROUND: By-law No. 91-232, with respect to Letters of Credit, sets out various banks and credit unions from which the City can accept Letters of Credit as security. A recent registered subdivision required the acceptance of a Letter of Credit from HSBC Bank Canada. The Director of Finance has reviewed this request and supports same. Law Cler~/~/ 'i~~odby: City Solicitor /mm Executive Director of Corporate Services Respectfully submitted: ~Jo~ MacDona]d~~ Chief Administrative Officer Working Together to Serve Our Community Clerk's Finance · Human Resources Information Systems · Legal Planning & Development The City of Niagara Falls l Canada Corporate Services Department Legal Services 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls,on.ca Tel: (905) 356-7521 Fax: (905) 371-2892 E-maih rkallio@city.niagarafalls.on.ca R.O. Kallio City Solicitor L-2002- 47 September 16, 2002 His Worship Mayor Wayne Thomson and Members of Municipal Council City of Niagara Falls, Ontario Members: L-2002-47 Stopping Up and Closing of Cardinal Newman Way Road Allowance Onr File No. 2002-65 RECOMMENDATION: That Staff be authorized to commence proceedings to stop up and close Cardinal Newman Way formerly known' as Kimbark Avenue. BACKGROUND: Cardinal Newman Way, formerly known as Kimbark Avenue is shown hatched on Appendix "1" attached. The lands are located south of Beaverdams Road, west of Kalar Road Niagara Catholic District School Board ("the Board") purchased lands to the east of Cardinal Newman Way. The Board has already submitted an application for site plan approval to Planning and Development Services to use those lands for additional parking and to expand the school facilities. The Board recently entered into an Agreement of Purchase and Sale with the owners of the lands to the west of Cardinal Newman Way. On April 17, 2002, Niagara Catholic District School Board expressed its interest in purchasing Cardinal Newman Way so as to complete the land assembly. A copy of the existing site plan can be reviewed in the Planning Department. Working Together to Serve Our Community Clerk's · Finance · Human Resources Information Systems · Legal · Planning & Development -2- September 16, 2002 L-2002-47 Stopping up and closing and later disposing of the road allowance will relieve the City of all maintenance, plowing and potential liability. It will also improve the flow of traffic for the operation of the school. It should be noted that presently the road only serves a single user. Staffhas no objections to the request by the Board and concurs that the land can be stopped and closed. Law Clerk d by: R.O. KalliG City Solicitor Approved by: Tony Ravenda Executive Director of Corporate Services Respectfully submitted: /mm / I X Z 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 September 16, 2002 R.O. Kallio City Solicitor L-2002-48 His Worship Mayor Wayne Thomson and Members of Municipal Council, City of Niagara Falls, Ontario Members: L-2002-48, Lion's Club Lease with the City 4981 & 5027 Drummond Road Our File No.: 2002-17 RECOMMENDATION: A Lease Agreement, dated January 16, 2002, with Lions Club of Niagara Falls (Ontario), Canada, Inc. to lease City property at 4981 and 5027 Drummond Road, be authorized. BACKGROUND: The Lion's Club has had a Lease Agreement with the City regarding the above-noted property since 1981. The 1991 lease has expired and the Lion's Club is requesting the lease be renewed for a further period often years at the same rental rate of $1.00 per annum, a copy of which is attached. The agreement requires the Lion's Club to carry insurance coverage satisfactory to the City Solicitor. This matter has been examined by City Depamnents and they have no objections to the continued lease of the property. Prepared by: R.O. Kallio City Solicitor Executive Director of Corporate Services Kespectfu~Submitted: ~Ma~x, Chief A dCmDin~~ MM:lb Working Together to Serve Our Community Clerk's Finance Human Resources Information Systems · Legal Planning & Development THIS LEASE AGREEMENT made thisl 6~h day of January, 2002 IN PURSUANCE OF THE SHORT FORMS OF LEASE ACT BETWEEN: THE CORPORATION OF THE CITY OF NIAGARA FALLS Hereinai~er called the "Lessor", - and- of the FIRST PART; LIONS CLUB OF NIAGARA FALLS (ONTARIO), CANADA, INC. Hereinafter called the "Lessee", of the SECOND PART. WHEREAS the Lessor and the Lessee entered into a lease dated March 139, 1991 for the use of lands described in Schedule "A" thereto (hereinafter referred to as the "said lands") for various purposes; AND WHEREAS the 1991 Lease has expired'and the Lessee is desirous of continuing to lease the said lands and the same terms and conditions for a further period of 10 years; NOW THEREFORE W1TNESSETH that in consideration of the rents, covenants and agreement hereinafter reserved and contained on the part of the said Lessee to be respectively paid, observed and performed by it. 1. The Lessor doth hereby demise and lease unto the Lessee the said lands and premises described in Schedule"A" attached hereto to be used only for one or more of the following purposes: (a) (b) A public park, (c) A playground, (d) A swimming pool, (e) A wading pool, (0 An outdoor ice rink, (g) A community building, A daycare centre operated by The Regional Municipality of Niagara, Tl~Lessee shall be entitled to use the said premises for the following additional purposes, namely for Lions Club purposes including a club office and the holding of fund-raising activities for the Lessee (provided they are duly licensed) but not a carnival. 2. TO HAVE AND TO HOLD the said demised premises for and during the term often years commencing on the 1 ~ day of March, 2002 and from thenceforth next ensuing and fully to be complete and ended on the 28* day of February, 2012, 3. Yielding and paying therefor yearly and every year during the said term unto the said Lessor the sum of One Dollar ($1.00) of lawful money of Canada, whatsoever to be paid in advance on the 1'~ day of March in each and every year. THE LESSEE COVENANTS WITH THE LESSOR: 4. To pay rent, 5. AND to pay any business tax assessed against the Lessee or against the leased premises, 6. AND to pay for heating the said premises, 7. AND to pay water rates and charges for gas, electricity and telephone, 8. AND to repair any damage to the property or fixtures, reasonable wear and tear and damage by fire, lightning, tempest, earthquake, explosion and structural defect or weakness only excepted, -3- 9. AND to keep up fences, 10. AND not to cut down trees, 11. AND that the said Lessor may enter and view state of repair, 12. AND will not assign or sublet without the approval of the Lessor, whose approval may notwithstanding the provisions of section 17 of the Tenant Protection Act, 1997 S.O. 1997 Chapter 24, be arbitrarily refused by the Lessor in its sole and uncontrolled discretion. 13. AND will not carry on upon the said premises any carnival or any other activity or business ex ~ce~p.t those enumerated in paragraph I of this lease. 14. AND that it will leave the premises in good repair, reasonable wear and tear and damage by fire, lightning and tempest, earthquake, explosion and structural defect or weakness only excepted. 15. AND that it will not do or make or permit to be done or made any alterations to the exterior walls or roof of any building on said premises without first obtaining the consent in writing of the Lessor. 16. (a) AND to pay to the Lessor as additional rent the cost of the premiums of the following insurance to be placed by the Lessor: -- (i) insurance against all risks of direct physical loss or damage on a replacement cost basis (subject to a $1,000.00 deductible provision) for the building used as a day care centre; and (ii) boiler and machinery insurance for any boilers, pressure vessels, machinery and equipment which may be on the premises used for a day care centre to a limit of not less than $2,000,000.00 in respect of any one accident (subject to a $10,000.00 deductible provision). (b) To maintain public liability and property damage insurance protecting and indemnifying the Lessee and the Lessor against any claims for damage or injury to person or property -4- or for the loss of life occurring upon the premises, the limit of such insurance initially to be not less than $2,000,000.00 in respect of bodily injury or death of any one or more persons in one occurrence, not less than $2,000,000.00 for damage to property in any lone occurrence and not less than a combined maximum liability of $2,000,000.00 per occurrence. (c) if the Lessor fails to obtain and keep in force the insurance required under clause (a) of paragraph 16, the Lessee may, at its option and at its own cost, obtain such insurance and shall furnish the Lessor with certificated or other acceptable evidence of all such insurance effected by the The Lessor shall furnish the Lessee with certificates or other acceptable evidence of all insurance effected by the Lessor pursuant to paragraph 16. (e) The Lessor shall not in any event be liable or responsible in any way for any loss of, or damage or injury to, any property belonging to the Lessee or any person while such property is on the premises, and in particular but without limiting the generality of the foregoing the Lessor shall not be liable for damage to any such propeaty caused by steam, water, rain or snow whic.~ may leak into, issue or flow fxom any part of the building or adjoining property or from the water, steam, sprinkler or drainage pipes or plumbing works of the building or from any other place or quarter or for any damage caused by or attributable to the condition or arrangement of any electrical or other wiring. (f) The Lessee shall not be liable for any damage to the premises due to any peril for which the Lessor is obligated to provide insurance. 17. AND the Lessee covenants with the Lessor that no construction of any nature or kind, inclusive of an addition or alteration or demolition of existing structure, shall be commenced on the demise premises until a site plan of the demised premises displaying the following information has been approved by the City Council: (a) (b) (c) (d) Location of all buildings, Proposed use or uses of all buildings, Location of driveway entrances and exits, Area and location 0'f lands to be used for off-street parking, driveways and manoeuvring areas, (e) Proposed use of other lands not to be coxtered by buildings nor used for off-street parking, driveways and manoeuvring areas, (0 Connections to the City's sanitary sewer system, (g) Provision for storm water disposal, (h) Provision for roof water disposal. 18. Proviso for re-entry by the said Lessor on non-payment of rent or non-performance of covenants. THE LESSOR COVENANTS WITH THE LESSEE 19. For quiet enjoyment. 20. Provided that in the event of damage by fire, lightning, tempest, earthquake or explosion affecting the said premises, rent shall cease in respect of the premises so damaged until the said premises are rebuilt provided that nothing herein shall require the Lessor to rebuild the premises and provided further that in the event of such damage to term hereby granted shall is the Lessor or the Lessee so elects by notice in writing to the other immediately thereupon become forfeited and void. AND THE LESSOR AND THE LESSEE FURTHER COVENANT AND AGREE, EACH WITH THE OTHER AS FOLLOWS: 21. Upon the expiration of this lease either by notice or by expiration of the term or for any cause, all improvements made and fixtures attached to the demised premises by or on behalf of the -6- Lessee shall become the property of the Lessor without payment of any consideration and the Lessee covenants and agrees to execute a quit claim deed to the Lessor of the demised premises. 22. Upon the termination of this lease or any renewal thereof by effiuxion of time, a tenancy from year to year shall not be created by implication of law but the Lessee shall be deemed to be a tenant at will only. 23. Any notice to be given pursuant to this agreement may be delivered or sent by prepaid first class mail or facsimile transmission to the Lessor and the Lessee as follows: The Lessor: ..... ~. - The Corporation of the City of Niagara Falls, Attention: Propen'y Manager 4310 Queen Street, P.O. Box 1023, Niagara Falls, Ontario L2E 6X5 Telephone: (905) 356-7521 Facsimile: (905) 371-2892 The Lessee: Lions Club of Niagara Falls (Ontario), Canada, Inc. c/o President 5027 Drummond Road Niagara Falls, Ontario L2E 6E2 Telephone: (905) 374-2653 Facsimile: 24. Any such notice, if mailed, shall be conclusively deemed to be given to and received by the other party three (3) business days after the mailing thereof or if sent by facsimile transmission, on the date the facsimile transmission was sent. 25. By the execution of this lease, the Lessee acknowledges that it has noticed that a part of the lands described in Schedule"A" may be required for the widening of Dmmmond Road. The Lessee agrees to release and quit claim without payment of any consideration, all interest which it may have under this lease or otherwise and any such land which may be required for the said road widening. -7- 26. This lease and everything herein contained shall extend to and bind any may be taken advantage of by the respective successors and assigns, as the case may be, of each of the parties hereto, subject to the granting of consent by the lessor as provided in paragraph 12 of this lease to any assignment or sublease. IN WITNESS WHEREOF the parties'hereto have hereunto affixed their corporate seals duly attested by the proper signing officers in that behalf and the said signing officers certify that they have authority to bind their corporation. ) LIONS CLUB OF NIAGARA FALLS Name: ,se Title: Title: We have ~e an~ofi~ to b~d ~e ~tion THE CORPORATION OF THE CITY OF NIAGARA FALLS ) Name: Wayne Thomson ) Title: Mayor ) ) ) ) Name: Dean Iorfida ) Title: City Clerk -8- Schedule "A" to the Lease dated the 16'h day of January, 2002 between Lions Club of Niagara Falls (Ontario), Canada, Inc. and The Corporation 0fthe City of Niagara Falls All and Singular that certain parcel or tract of land premises, situate, lying and being in the City of Niagara Falls, in the Regional Municipality of Niagara, formerly in the Township of Stamford, in the County of Welland, and being composed of part of Township Lots 107 and 114, in the said Township of Stamford and which may be more particularly described as follows: Premising that the beatings herein are astronomic and are referred to the meridian through the sou~w__est angle of Township Lot 73 in the said Township of Stamford; COMMENCING at the southeasterly angle of said Township Lot No. 107; Thence north 2 degrees and 14 minutes east in the easterly boundary of said Lot 107 a distance of 290.7 feet to the southeasterly angle of the land conveyed to the Lessor by The Hydro-Electric Power Commission of Ontario by deed registered on the 12~ day of July, 1963 as No. 91779A for the City of Niagara Falls; Thence north 2 degrees and 14 minutes west in the said easterly boundary 82.83 feet; Thence south 53 degrees 7 minutes and 30 seconds west 653.16 feet; Thence south 36 degrees 52 minutes and 30 seconds east 66.86 feet to the most northerly angle of Lot No. 12 according to Registered Plan No. 216 ~9r the Township of Stamford; Thence north 53 degrees 7 minutes and 30 seconds east along the north western limit of LOt 14 according to said Registered Plan No. 208 for the Township of Stamford 103.13 feet to the most northerly angle of said Lot 14; Thence north 88 degrees and 35 minutes east along the northerly limit of Lot 13 according to said Registered Plan No. 208 a distance of 2.30 feet; Thence north 88 degrees and 25 minutes east along a chain link fence 415.6 feet more or less to the point of commencement. The said lands above described being firstly the lands conveyed by the Hydro-Electric Power Commission of Ontario to The Corporation of the Township of Stamford by a deed dated February 8th, 1927 and registered on August l0th, 1937 as No. 22913 for the Township of Stamford and secondly the lands conveyed by the said Commission to The Corporation of the City of Niagara Falls by a deed dated May 20'h, 1963 and registered on July 12th, 1963 as No. 91779A. The City of Niagara Fall~ Canada Corporate Services Department Legal Services 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905) 371-2892 ' E-mail: rkallio@city.niagarafalls.on.ca September 16, 2002 R.O. Kallio City Solicitor L-2002-49 His Worship Mayor Wayne Thomson and Members of Municipal Council, City of Niagara Falls, Ontario Members: L-2002-49, Establishment of Public Highway Part 4 on 59R-11798 as Part of Beaver Dams Road Our File No.: 2002-479 RECOMMENDATION: That a road widening, being Part 4 on Reference Plan 59R-11798 attached as Appendix "A", be established as a public highway, to be known as, and to form part of Beaver Dams Road. BACKGROUND: As a condition of Land Division Committee approval, Eric Wiens Construction Limited conveyed a road widening to the City. The subject land is located on the west side of Beaver Dams Road and shown hatched on the plan attached. Staff is now recommending that the subject land be dedicated as a public highway to form part of Beaver Dams Road. Prepared by: City Solicitor MM:lb Approved by: To~ ' Executive Director of Corporate Services fl(espectfully Submitted: [ ~ohn MacDonald l/Chief Administrative Officer Working Together to Serve Our Community Clerk's · Finance Human Resources Information Systems Legal · Planning & Development ' SCHEDULE PART AREA LOCAllON P N TO BE DEPOg~D UNDER ~ J 6{5.2 ,q.m.J STA,FORO TO~IP LOT 1~3 IPIN 64305 - 0146(LT)~ _ Aug~tAS.~001 ~ A~ FOUND MONUMENTATION SHOWI 0 ~ M~tthews, Comecon Heywood O~ ~ ~ ' ~ DI~ANCES SHOWN ON THIS P~N , 59R-9.366 Townsh/p PART 1 PIN 64505-0146(LT) INST. NO. 37235(45) Lot 20 I Lot 21 1_ Lot 22 PIN 64305-0183J PiN 64305-0184-' / PIN 64'305-0185 Lot I g / / PIN 64305-0129 c~ / q~'k~ / ~ PUBUC .~ BY BY/~W / o.~ ~ / PART OF STAMF' PART ¢ // LOT 123 o.,~ ~ q~ / / ,~ ~,. / ,~,. , C~ OF NIA~ F u~2'45'~ ~5.75~ ~"~ / REGIONAL MUNICiPALIT ~ ~ · ~ WA~, C~, HE~OD - KER~ I I LOT 52 ~r~ ~O2~L01150 ~ SUEVEYOE'5 CERTIFICA' PIN 643~646 - 0 m CER~FY mAT: ~ I ': 0 1. ~lS SURly AND PLAN ARE CO ~''1 ' ~ ~ m~ SUR~S ACT. APPENDIX "A" The City of Niagara Fall~ Canada Corporate Services Department Legal Services 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905) 371-2892 E-mail: rkallio@city.niagarafalls.on.ca September 16, 2002 R.O, Kallio City Solicitor L-2002-50 His Worship Mayor Wayne Thomson and Members of Municipal Council, City of Niagara Falls, Ontario Members: L-2002-50, Establishment of a Road Widening and a One Foot Reserve as Public Highways - Blocks 13 & 14 on M-297 as a Road Widening and Daylighting Triangle as Part of Kalar Road, Blocks 15 & 16 on M-297 as One Foot Reserves as Part of Kalar Road Our File No.: 2002-74 RECOMMENDATION: 1. That Blocks 13 & 14 on 59M-297 in the City of Niagara Falls, in the Regional Municipality of Niagara attached as Appendix "1", be established as public highways, to be known as, and to form part of Kalar Road. 2. That the one foot reserves described as Blocks 15 & 16 on M-297 in the City of Niagara Falls, in the Regional Municipality of Niagara attached as Appendix "2", be established as public highways, to be known as, and to form part of Kalar Road. BACKGROUND: Blocks 13 & 14 on registered Plan No. 59M-297, were conveyed to the City for road widening purposes as a condition of approval of Vegter Estates Subdivision. Staff is recommending the subject road widenings be established as public highways to form part of Kalar Road. Working Together to Serve Our Community Clerk's · Finance · Human Resources · Information Systems · Legal Planning & Development L-2002-50 - 2 - September 16, 2002 Blocks 15 and 16 on registered Plan No. 59M-297, are one foot reserves conveyed to the City at the time of registration of Vegter Estates Subdivision. by: City Solicitor Approved by: Tony Ravenda Executive Director of Corporate Services jo~~_Mac~cDDoeSpectfully Su. bmitte.d: / Chief Administrative Officer MM:lb N VEGTER ESTATES CITY OF NIAGARA FALLS SUBDIVISION X Z N 86'4g'45~' E 14.124 -A=7.752 VEGTER 511 X 8.4.27 10.74.5 N 86'49'45" E COURT ~ N 86'49'45" E 9,996 =5.241 10.647 N $5'54'22" 8.427 BLOCK. 28.500 · 744) PART 3, PLAN --~'~¢ ? 4-"~'- N 86' 525' 20" E ( REFERENCE BEARING ) BLOCK 1 7 5 9 R -- 8 5 I 2 (' ,~y By--LAW 175--1927 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 September 16, 2002 R.O, Kallio City Solicitor L-2002-51 His Worship Mayor Wayne Thomson and Members of Municipal Council, City of Niagara Falls, Ontario Members: L-2002-51, Establishment of a Public Highway Part 2 on Reference Plan 59R-11314 as Part of Dunn Street Our File No.: 200142 RECOMMENDATION: That a road widening, being Part 2 on Reference Plan 59R-11314 attached as Appendix "A", be established as a public highway, to be known as, and to form part of Dunn Street. BACKGROUND: As a condition of Site Plan approval, Domenic and Anna Armenti conveyed a road widening and daylighting triangle to the City. The subject land is located on the north west comer of Dunn Street and Orchard Avenue and shown hatched on the plan attached. Staff is now recommending that the subject land be dedicated as a public highway to form part of Dunn Street. R.O. Kallid City Solicitor MM:lb Approved by: ony Ravenda Executive Director of Corporate Services o~MacPeCtfully Subm. itted: Donal ~/Chief Administrative Officer Working Together to Serve Our Community Clerk's Finance Human Resources Information Systems Legal · Planning & Development I PIN 64-,552-0145 (LT) / PIN 64-352-0146 (CT) :'_ I. PART PLAN 59R-550 pART 1 PIN 64-352-0147 (LT) :,, INST. ~562~5 1 le(744) 'r , t. LJ DUNN SCHEDULE J 2 I ~ort of lot 33 DEPUTY LAND REGISTRAR FOR THE LAND TITLES DIVISION OF NIAGARA SOUTH (No. 59) PLAN OF SURVEY OF PARTS OF LOTS 33 ond REGISTERED PLAN 3~- (Geog~3phic TOWNSHIP OF STAMFORD) NowCJTY OF. NIAGARA REGION^L MUNIC~PA,,'n' OF NI^CARA SCALE 1 Inch - 20 feet 'KIRKUP &: URE SURVEYING LTD. Of~TARIO LAND SURVEYORS 2001 54 FALLS LEGEND NA,E,W SURVEYOR'S ~UR~ MONUMENT FOUND ~F. JRVEY MONUMENT PL&NTED WTIT4ESS MONUMENT ST/tNDARD IRON BAR SHORT STN4OARD IRON BAR ~ON BAR CLrT CRG~S C ERTl FI CATE 1. ~HIS ~ AND PLAN ARr' CORRECT AND IN ACCORDANCE W~TH ~ ~Y -S: KI~KUP I APPENDIX " 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-2002.52 September 16, 2002 His Worship Mayor Wayne Thomson and Members of Municipal Council City of Niagara Falls, Ontario Members: L-2002-52 Stamford Lion's Club Offer to Purchase City-Owned Lands Parts 1 & 2 on Reference Plan 59R-11823 Our File No. 2002-156 RECOMMENDATION: That an Offer to Purchase in the amount of $19,000.00 from Stamford Lion's Club for the lands located at the rear of 3846 Portage Road being Parts 1 & 2 on Reference Plan 59R-11823 be accepted. Further that the purchasers pay for all costs associated with the sale including the cost of a reference plan, which costs will be credited to the purchasers on closing. BACKGROUND: Attached as Appendix "1" is Council Report L-2002-28, wherein at its meeting of June 17, 2002, Council declared the lands located at the rear of 3846 Portage Road surplus and offered for sale for fair market value, being $19,000.00 to The Lions Club of Stamford. It was further agreed that The Lion's Club of Stamford would pay for all co.sts associated with the sale including the cost of a reference plan. Attached as Appendix "2" is a copy of The Offer to Purchase from the Lion's Club of Stamford. We are in receipt of a deposit in the amount of $1,500.00. The Offer to Purchase sets out that the Working Together to Serve Our Community Clerk's · Finance Human Resources Information Systems · Legal · Planning & Development -2- September 16, 2002 L-2002-52 transaction will close within 60 days or sooner after acceptance. Mary Motcrone -- ~ Law Clerk  :d by: R.O. Kalli~ City Solicitor Approved by: Tony Ravenda Executive Director of Corporate Services John MacDo/D~nald ~°~ne fM;d~ini strativ e Officer /IlllT1 Niagara Fails 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: rkalllo@city.niagara falls.on.ca His Worship Mayor Wayne Thomson and Members of Municipal Council, City of Niagara Falls, Ontario Members: L-2002-28 Declare Lauds Surplus and Offer for Sale - Forty Foot Strip of City Laud at rear of 3846 Portage Road Our File No. 2002-156 R.O. Kallio City Solicitor L-2002- 28 IThe recommendation(s) contained in this report were adopted by City Council June 17, 2002 X RECOMMENDATION: That the forty foot strip of City-owned lands at the rear of 3846 Portage Road be declared surplus and offered for sale to The Lions Club of Stamford and further that The Lions Club of Stamford pay for all costs associated with the sale including the cost ora reference plan. BACKGROUND: The City acquired part of Block "M" on Plan M-33 in exchange for lands with Fennel Developments Limited and MeNally Bros. (1965) Limited, on June 7, 1977 and the City further acquired Block "L" on Plan M-33 to fulfill a condition ora Subdivision Agreement. The lands are located west of Orlando Drive, east of Portage Road and north of Thorold Stone Road, which lands are abutting and adjacent to the rear of the Stamford Lions Hall located at 3846 Portage Road. P art of these lands are set out and shown in hatch as Appendix "1" as a forty foot strip of land which The Lions Club of Stamford paved and has been using for parking at the Stamford Lions Hall for many years. Commencing May 15, 2000, the City entered into a Licence Agreement with The Stamford Lions Club to licence the forty foot strip of City land. Now The Stamford Lions Club wishes to purchase the st"~orking'~-Together to Serve Our Community Clerk's · Finance Human Resources · Information Systems · Legal * Planning & Development L-2002-28 -2- June 17,2002 Staffhas no objections to the request by The Stamford Lions Club and concurs that the land could be offered for sale. The Stamford Lions Club is agreeable to paying for all costs associated with the sale, including the costs ora Reference Plan and the fair market value of the strip. Prepared by:. Legal Assistant/Property Manager Approved by: T. Ravenda Executive Director of Corporate Services ded by: City Solicitor Respectfully Submitted: Chief Administrative Officer MM:lb APPENDIX "1" BL,OCK "N" ! / / / ~ .... BLOCK -.~, ~ /,'. ... ' ' ~'~" / ~.-, .,~, I PART TAMPA COURT L-179§ OFFER TO PURCHASE Stamford Lions Club, hereinafter called the Purchaser, offers to purchase from The Corporation of the City of Niagara Falls, hereinafter called the Vendor, that property in the City of Niagara Falls, in the Regional Municipality of Niagara which is more particularly described as follows: Parts 1 & 2 on Reference Plan 59R- 11823 in the City of Niagara Falls in the Regional Municipality of Niagara, shown hatched on the plan attached hereto as Schedule "A" at the PURCHASE PRICE OF NINETEEN THOUSAND DOLLARS ($19,000.00 Cdn) of lawful {~ money of Canada, payable on the following terms: ~ 1. Purchaser submits with this Offer a non refundable deposit in the sum of One Thousand Nine Hundred Dollars ($1,500.00 Cdn) cash, certified cheque or money order payable to the Vendor to be held by the Vendor pending completion of this Agreement and to be credited towards the Purchase Price on completion. Otherwise after acceptance of this offer, the Vendor is entitled to the deposit and it shall not be returned to the purchaser and the purchaser shall make no claim against said deposit. 2. The Purchaser agrees to pay the Vendor the balance of the Purchase Price, by certified cheque, subject to the ususal adjustments, on the closing of this transaction. 3. This Offer is subject to and conditional upon the Council of The Corporation of the City of Niagara Falls passing a by-law on the 16~ day of September, 2001, authorizing its acceptance of this Offer to purchase the said lands and if such by-law is not passed, this Offer shall be null and void and the deposit money shall be retumed to the Purchaser without interest. 4. This Offer shall be irrevocable by the Purchaser and may be accepted by the Vendor up to but not after midnight September 18, 2001. 5. In the event that this Offer is not accepted or consented to, this Offer and everything herein contained shall be null and void and no longer binding upon any of the parties hereto and the Vendor shall not be liable for any damages or costs. 6. In the event of and upon the acceptance of this Offer, this Offer shall be a binding contract of Purchase and Sale and shall be completed in accordance with the terms thereof. -2- 7. In the event of and upon the acceptance of this Offer, this Offer and a letter of acceptance indicating Council's acceptance of this Offer shall be a binding contract of Purchase and Sale and shall be completed in accordance with the terms thereof. 8. The title is good and free from all encumbrances except for any restrictions or covenants that run with the land and except for any easements to public utilities. 9. The Purchaser shall not call for the production of any title deeds, abstract, survey or evidence of title except such as are in the possession of the Vendor. The Vendor agrees that it will deliver any existing survey, in its possession, to the Purchaser as soon as possible and prior to the last day allowed for examining title. 10. The Purchaser shall be allowed until 11:59 P.M. on the twenty-first day following the date of acceptance of this Offer by the Vendor to examine title at its own expense. If within that time any valid objection to title is made in writing to the Vendor, or its Solicitor, which the Vendor shall be unable or unwilling to remove and which the Purchaser will not waive, the contract arising out of the acceptance of this Offer shall, not withstanding any intermediate acts or negotiations in respect of such objections, be null and void and all moneys shall be returned by the Vendor without interest and it shall not be liable for any damages or costs. Save as to any valid objection so made within such time, the Purchaser shall be conclusively deemed to have accepted the title of the Vendor to the real property. 11. This agreement shall be completed 60 days after acceptance of this Offer or sooner if mutually agreed. 12. On the closing of this transaction, the Vendor shall convey the said lands to the Purchaser by a good and sufficient deed thereof in fee simple, free and clear of all encumbrances, except as to any restrictions or covenants and except for any easements or unless otherwise provided herein and shall deliver vacant possession of the said lands to the Purchaser free of all tenancies. 13. The Purchaser shall assume any taxes, local improvements, water and sewer rates from the date set out in paragraph 10 hereof. 14. The deed or transfer~ except for the Land Transfer Tax Affidavit which shall be prepared and completed by the Purchaser, shall be prepared in registerable form at the expense of the Vendor. -3- 15. This agreement and its acceptance is to be read with all changes of gender or number required by the context. 16. In the event of failure of the Purchaser to complete this transaction by the date set out in paragraph 10 hereof, the deposit shall be forfeited to the Vendor as liquidated damages, in addition to any other right or remedy to which the Vendor may be entitled hereunder. 17. The Vendor makes no representation, warranty, condition either expressed or implied as to soil condition, services, utilities, fitness for the purpose of zoning and building by-laws, park, road widening or other possible dedications, or as to charges, levies and regulations of The Corporation of the City of Niagara Falls, The Regional Municipality of Niagara, utilities or other regulatory authorities. The Purchaser shall satisfy itself in respect of such matter prior to submitting this Offer. 18. The Purchaser acknowledges having inspected the property prior to submitting this Offer and understands that upon the Vendor accepting this Offer, there shall be a binding agreement of purchase and sale between the Purchaser and Vendor. 19. Any tender of documents or money hereunder may be made upon the Solicitor'acting for either party from whom tender is desired, and it shall be sufficient that a negotiable certified cheque by a chartered bank or trust company may be tendered instead of cash. -4- 20. The Vendor hereby appoints the City Solicitor of The Corporation of the City of Niagara Falls for the purpose of giving and receiving notices pursuant to this agreement. 21. Time shall be of the essence of this Agreement, which shall enure to the benefit of and be binding upon the Purchaser, his heirs, executors, administrators, successors and assigns and the Vendor, its successors and assigns. Dated at the City of Niagara Falls, in the Regional Municipality of Niagara, this A.D. 2000. day of ) STAMFORD LIONS CLUB ) ) ) marne: Title: I have the authority to bind the corporation Name and Address of Purchaser's Solicitor: The undersigned consents to the above Offer: Dated at the City of Niagara Falls, in the Regional Municipality of Niagara, this A.D. 2002 THE CORPORATION OF THE CITY OF NIAGARA FALLS day of Wayne Thomson, Mayor Dean Iorfida, City Clerk 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- 53 September 16, 2002 His Worship Mayor Wayne Thomson and Members of Municipal Cotmcil City of Niagara Falls, Ontario Members: L-2002-53 OK Gift Shop Ltd. 6683 Oakes Drive Renewal of Licence Agreement Our File No. 2002-44 RECOMMENDATION: That a renewal ofa licence agreement with OK Girl Shop to permit it to continue using a portion of Dunn Street in front of the gift shop located at 6683 Oakes Drive for a driveway for deliveries, for nominal consideration, be authorized. BACKGROUND: At its meeting of July 27, 1992, Council authorized OK Girl Shop to use a portion of Dunn Street in front of its girl shop located at 6683 Oakes Drive for a driveway for deliveries, subject to OK Gift Shop Ltd. entering into a licence agreement, for nominal consideration. The licence agreement expired September, 1997 and it is now necessary to renew the licence agreement. The attached plan sets out the extent of the street that the owners require. Loading and unloading would not be permitted nor would parking be permitted except for the purpose of making a delivery or a pick-up. }Forking Together to Serve Our Community Clerk's Finance Human Resources Information Systems · Legal · Planning & Development -2- September 16, 2002 L-2002-53 There are no objections from Staff to allowing the owner to use part of Dunn Street for the aforementioned purposes. ~f"~"~'--'~"--Prepared by: Law Clerk R~~by: R O Kallio City Solicitor Approved by: Tony Ravenda Executive Director of Corporate Services Respectfully submitted: /IIIII1 sCHEDULE PART AREA LOT PLAN INST. F~N6E 8 GRANTEE PL.tt~ 5~-47q PART I ,, ,6-' "o' PLAN i The City of Niagara Falls Canada Corporate Services Department Legal Services 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tek (905) 356-7521 Fax: (905) 371-2892 E-mail: rkallio{~city.niagarafalls.on.ca R.O. Kallio City Solicitor L-2002- 54 September 16, 2002 His Worship Mayor Wayne Thomson and Members of Municipal Council City of Niagara Falls, Ontario Members: L-2002-54 Declare Lands Surplus and Offer for Sale Vacant Land - 8709 Lundy's Lane Our File No. 2002-332 RECOMMENDATION: That City-owned lands with the municipal address of 8709 Lundy's Lane be declared surplus and offered for sale to Lenny Serravalle and Marcella Serravalle, one set of the abutting owners, for fair market value. Further that the purchasers pay for all costs associated with the sale including the cost ora reference plan and an appraisal, which costs will be credited to the purchasers on closing. BACKGROUND: As a result of tax arrears, the land municipally known as 8709 Lundy's Lane vested in the City of Niagara Falls on June 27, 2001. The land has a frontage of approximately 60 feet and a depth of approximately 260 feet and is located on Lundy's Lane west of Kalar Road (in the Lundy's Lane Satellite District) and is zoned Tourist Commercial (TC) and is shown hatched on the plan attached as Appendix "A". WorMng Together to Serve Our Community Clerk's · Finance Human Resources · Information Systems · Legal · Planning & Development -2- September 16, 2002 L-2002-54 We have received a request from one of the abutting owners that the City consider declaring the land surplus and offering it for sale to them. Staff has no objections to the request and concurs that the land could be offered for sale to the purchasers to form part of their existing holdings. Law Clerk Re, by: R.O. Kallio City Solicitor Approved by: Tony Ravenda Executive Director of Corporate Services R~~A~pectfully submitte.d: . onald inistrative Officer /mn'l I monumentation shown on this ph3n wes plonted t or a predecessor firm unless otherwise stored. C- Z -< P RT AREA 1.4,:~ 5 ha 134 -- Z lB INST. GRANTEE $64379 NOI'25'30"W 5 $ /~ - PART I 84~27'4 I REQUIRE THIS PLAN TO BE DEPOSITED UNDER THE REGISTRY ACT. D. Colobrese SlB 155,42 209.55 7-. PLAN 59 R-~ RECEIVED AND DEPOSITED LAND REGISTRAR FOR THE REGISTRY DIVISION OF NIAGARA SOUTH SIB ~ ~.w. ,,=,~ '~- -4. KALAR ROAD SURVEYOR'S CERTIFICATE [ PLAN OF SURVEY OF The City of Niagara Falls Canada Corporate Sewices 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 September 16, 2002 R.O. Kallio City Solicitor L-2002-55 His Worship Mayor Wayne Thomson and Members of Municipal Council, City of Niagara Falls, Ontario Members: L-2002-55, Establishment of a Public Highway Part of Lots 81 and 127 Plan 283 - Ellis Lane Our File No.: 2001-44 RECOMMENDATION: That Part of Lots 81 and 127 Plan 283 in the City of Niagara Falls, in the Regional Municipality of Niagara attached as Appendix "A", be established as a public highway, to be known as, and to form part of Ellis Lane. BACKGROUND: Ellis Lane is a 12.5 foot lane mrming between Ellis Street and Simcoe Street. The City received the lane by Deed in 1912. The subject land is located north of Simcoe Street and shown hatched on Appendix "A". Staff is now recommending that the subject land be dedicated as a public highway to be known as Ellis Lane ~o d by: City Solicitor MM:lb Approved by: Tony Ravenda Executive Director of Corporate Services ~(spectfully Submitted: /~M~Donald [~ (~Thief Administrative Officer Working Together to Serve Our Community Clerk's · Finance · Human Resources Information Systems · Legal · Planning & Development N 87' '27'W 127 ELLIS N87· ST. LOT I '28~ RP. i 128 129 SIMCOE STREET The City of Niagara FallsI Canada Corporate Services Department Legal Services 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905) 371-2892 E-mail: rkallio@city.niagarafalls.on.ca September 16, 2002 R.O. Kallio City Solicitor L-2002-56 His Worship Mayor Wayne Thomson and Members of Municipal Council, City of Niagara Falls, Ontario Members: L-2002-56, Hawlitzky Agreement with the City Building Permit - Testamentary Devise Our File No.: 2002-509 RECOMMENDATION: That an Agreement, dated September 6, 2002, between Erika Hawlitzky and the City regarding application for a Building Permit, be authorized. BACKGROUND: Erika Hawlitzky is the owner of part of Lot 10 Concession 2 in the former Township of Willoughby now in the City of Niagara Falls designated as Part 19 on Reference Plan No. 59R-7414 shown in dark outline in Appendix "1" attached. The subject parcel was created under testamentary devise provisions of the Planning Act of Ontario, then in effect, and the Last Will and Testament of Walter Olszewski. Pursuant to City policy, respecting lots created in this manner, any person making application to the City for a building permit is required to enter into an Agreement with the City to ensure that no building permit would be issued until such time as certain requirements are met. The Agreement not only binds the owner of the subject land but also their respective heirs, executors, administrators, successors and assigns in title. In exchange for meeting the requirements described in the Agreement, a building permit would be granted to the owner of the subject lands. }Vorking Together to Serve Our Community Clerk's Finance Human Resources Information Systems · Legal . Planning & Development L-2001-56 - 2 - September 16, 2002 Staff reviewed the request and has determined that an agreement between the parties would be appropriate to adequately protect the City. City Solicitor Approved by: Tony Ravenda Executive Director of Corporate Services aSpectfully Subl~tted: // ld L/Chief Administrative Officer MM:lb ?T · ~_ ~ PART: PAR T 16 PART 20 PART 21 ~. . .'."~ ' PART ~2 - 59R-335~, nEAR N G~Np_T.E ~' :'.. APPENDIX "/ " The City of Niagara Fallst Canada Corporate Services Department Legal Services 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905) 371-2892 E-mail: rkallio@city.niagarafalls.on.ca September 16, 2002 R.O. Kallio City Solicitor L-2002-57 His Worship Mayor Wayne Thomson and Members of Municipal Council, City of Niagara Falls, Ontario Members: L-2002-57, Establishment of Public Highway Part 3 on 59R-11795 as Part of Ridge Road and Morris Road Our File No.: 2002-510 RECOMMENDATION: That a road widening and daylighting triangle, being Part 3 on Reference Plan 59R- 11795 attached as Appendix "1", be established as a public highway, to be known as, and to form part of Morris Road and Ridge Road. BACKGROUND: As a condition of Land Division Committee approval, Michael Maloney and Mary Maloney conveyed a mad widening and a daylighting triangle to the City. The subject land is located on the north side of Ridge Road the east side of Morris Road. Staff is now recommending that the subject land be dedicated as a public highway to from part of Ridge Road and Morris Road. Prepared by: ~, d by: City Solicitor MM:lb ony Ravenda Executive Director of Corporate Services Working Together to Serve Our Community Clerk's Finance Human Resources Information Systems Legal Planning & Development 9.65' APPENDIX "3~" The City of Niagara Falls, Ontario Council Chambers No. Moved by Alderman September 16, 2002 Seconded by Alderman BE IT RESOLVED THAT Notwithstanding sections 4.12 and 8.7.2(c) of City of Niagara Falls Comprehensive Zoning By-law 79-200, as amended, a trailer camp site located lawfully under Zoning By-law 79-200, as amended, on the date of the passage of this by-law shall not be rendered unlawful or non-conforming by the subsequent introduction ora residential use within 60 metres of the trailer camp site so located; AND FURTHER RESOLVED THAT Notwithstanding section 3(2)(e) of Schedule 10 of City of Niagara Falls By-law No. 2001-31, as amended, a camping lot located lawfully under By-law No. 2001-31 shall not thereafter be rendered unlawful by the subsequent introduction of a residential zone or residential lot boundary within 200 feet (61 m) of the camping lot so located. AND The Seal of the Corporation be hereto affixed. DEAN IORFIDA WAYNE THOMSON CITY CLERK MAYOR