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2002/10/07REGULAR COUNCIL MEETING Monday, October 7, 2002 Order of Business and Agenda Package REGULAR MEETING October 7, 2002 PRAYER: Alderman Selina Volpatti ADOPTION OF MINUTES: Planning/Regular Meeting of September 1~h, 2002. DISCLOSURES OF PECUNIARY INTEREST Disclosures of pecuniary interest and a bdef explanation thereof will be made for the current Council Meeting at this time. PRESENTATIONS Bishop Don Mullen will present a Queen's Golden Jubilee Flag to the City. 2002 Summer Trillium Awards His Worship Mayor Thomson will present the 2002 Summer Tdllium Awards to the following: Residential Cateaory: First Place: Larry & Shirley Maraldo Second Place: Bill & Wilma Selman Third Place: John & Sharlene Seidl Commercial/Institutional/Industrial/Multiple Dwellinq Complexes: First Place: Patterson Funeral Home - Ruth Nieuwesteeg Second Place: Happy Wanderer Restaurant. Hilde Mercnik Third Place: Souvenir City Headquarters. Harold Mancini -2- Awards of Merit - Residential Category Ray & Rita Woodhead & Linda Orlando Mr. & Mrs. P. Cody Dave & Edie Mullen Irene Bodorkos Awards of Merit - Commercial/Institutional/Multiple Residential Dwellings - Harold Barnes . Dino & Sherry DiCienzo - Charlie Han St. Stephen's Anglican Church Planet Hollywood Burger King Best Neighbourhood - Residential First Place: Award of Merit: Thomas & Diane Thomson Willoughby Manor Barry & Irene Beaton Pat Woodruff Fred & Maureen Cade John Gruyich Allan Saks Gary Mercnik Dino & Sherry DiCienzo George & Carmela Bahdi Joseph & Teresa Maggiolo G. Spironello Robert & Beth Prest DEPUTATIONS Fire Prevention Week Fire Chief Patrick Burke wishes to address Council on Fire Prevention and request that Council proclaim the week of October 6th to October 12th, 2002 as "Fire Prevention Week". -3- PUBLIC MEETING Consultant's Reports Dealing with Live Adult Entertainment Parlours; Body-Rub Parlours and Adult Stores. Mr. David Butler, Butler Group Consultants Inc. will address Council on the matter. - AND - Correspondence from Skip Eskildsen, Lilly 'n' Lace Lingede Correspondence from the Downtown Niagara Falls Board of Management Correspondence from the Stanley Avenue Business Park Association Correspondence from the Chamber of Commerce of Niagara Falls Correspondence from Regional Niagara, Planning and Development Department Correspondence from Marfne Clean Limited Correspondence from Ground Aedal Maintenance Services Ltd. Correspondence from Factor Fo,,s Niagara Ltd. Please Note: Mr. David A. Crowe, Solicitor wishes to speak to the matter. - AND - Report L.2002-60 - Chief Administrative Officer- Re: Adult Businesses By-Law. MAYOR'S REPORTS, ANNOUNCEMENTS, REMARKS COMMUNICATIONS Lupus Foundation of Ontario. Re: Proclamation - requesting that Council proclaim the month of October as "Lupus Awareness Month'; RECOMMENDATION: That the request be approved. Minister of Citizenship and Immigration. Re: Proclamation - requesting that Council proclaim the week of October 14-20, 2002 as "Canada's Citizenship Week". RECOMMENDATION: That the request be approved. Niagara Falls Public Library- Re: Proclamation- requesting that Council proclaim the week of October 21-27, 2002 as "Ontario Public Library Week". RECOMMENDATION: That the request be approved. -4- Sunshine Dreams for Kids. Re: Proclamation. requesting that Council proclaim the week of October 21-October 27, 2002 as "Talk Sunshine Week". RECOMMENDATION: That the request be approved. The Optimist Club of Niagare Falls - Re: Proclamation - requesting that Council proclaim the week of November 3 - November 10, 2002 as "Youth Appreciation Week" in Niagara Falls. RECOMMENDATION: That the request be approved. Correspondence from Alderman Janice Wing. Re: Changes to Federal Electoral Boundaries. AND - Correspondence from Regional Niagara, Office of the Regional Clerk. - AND - RESOLUTION - That Niagara Falls City Council urges the Federal Electoral Boundaries Commission of Ontario to consider maintaining the most recent electoral ridings. Additional Items for Council Consideration: The City Clerk will advise of any further items for Council consideration. COMMUNITY SERVICES MA TTERS 1. Chief Administrative Officer 2. Chief Administrative Otficer 3. Chief Administrative Oft'~cer 4. Chief Administrative Officer REPORTS MW-2002-127, Tender 2002-117-02; 2002 New Sidewalk Construction. MW-2002-128, Tender 2002-123-02; Ash Street Storm Sewer Construction from Franklin Avenue to Drummond Road. MW-2002-129, Appointment of Consulting Engineer for the Design of the Murray Hill Pedestrian Bridge. MW-2002-130, Ontarians with Disabilities Act; Amendments to By-Laws -5- PLANNING MATTERS 1. Chief Administrative Officer PD-2002-95, Appeal of Council's Refusal to Adopt the Requested Official Plan Amendment; AM-32/2000, 5840 Dunn Street; Michael Colaned & Tara Colaned. RESOLUTIONS That the Council of the Corporation of the City of Niagara Falls reaffirms its refusal to adopt the requested amendment to the Official Plan to permit the construction of a 5-storey, 27 unit apartment building on the land located at 5840 Dunn Street. The City Clerk will advise of any additional by-laws or amendments to the by- laws listed for Council consideration. BY-LAWS 2002-171 To amend By-law No. 2002-151, being a by-law to amend By-law No. 79-200, as amended. 2002.172 To amend By-law No. 79-200, as amended. (Re: AM-29/2002, 4779 Zimmerman Ave.) 2002-173 To amend By-law No. 2002-081, being a by-law to appoint City employees, agents and third parties for the enfomement of provincial or municipal by- laws. 2002-174 To amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads (Parking Prohibited, Standing Prohibited, Stop Signs at Intersections, Through Highways) 2002-175 To amend By-law No. 94-262, being a by-law to provide designated parking spaces reserved for the sole use of vehicles operated by or carrying disabled persons (Minimum width of parking spaces & signs) 2002.176 To authorize the execution of a Subdivision Agreement with Rodilio Recine and Rita Recine respecting the Recine Court Subdivision. 2002.177 To authorize monies for General Purposes (October 7, 2002) -6- 2002-f78 To adopt, ratify and confirm the actions of City Council at its meeting held on the 7~h day of October, 2002. NEW BUSINESS 10/02/02 14:28 8905 356 1583 NF FIRE PREV ~002 INTER-DEPAR TMENT MEMORANDUM TO: Dean Iorfida City Clerk October 02,2002 FROM: Patrick Burke Fire Chief SUBJECT: PROCLAMATION - "FIRE PREVENTION WEEK" We respectfully request that the Mayor and council of the city of Niagara Falls proclaim the week of OCTOBER 6th through OCTOBER 12th, 2007, as "FIRE PREVENTION WEEK". This date is universal throughout North America. Please find attached a recommended layout for the proclamation We would appreciate if this proclamation could be scheduled for the October 7th council meeting. The theme for this year is: "TEAM UP FOR FIRE SAFETY!!!" Thanks Patrick Burke Fire Chief 10/02/02 14:28 8905 356 1583 NF FIRE PREV ~003 Municipal Proclamation Whereas Fire kills 3,500 to 4,000 people in the United States and Canada each year and 80 to 85% of all fire deaths occur in the home; and Whereas Taking simple safety precautions, such as identifying and removing everyday home fire hazards, can help prevent the majorily of home fires and home fire deaths; and Whereas Proper installation, testing and maintenance of smoke alarms are part of a system of fire protection; and Whereas Developing a home fire escape plan, with two ways out of each reom and an outside meeting place, and practicing it twice a year with every member of the household, are critical to escaping a fire safely; and Whereas The nonprofit NFPA (National Fire Protection Association) has been the official sponsor of Fire Prevention Week for 80 years, the 2002 Fire Prevention Week theme, "Team Up for Fire Safety'," motivates children and families to work together to conduct a home hazard hunt, develop and practice a home fire escape plan, and install and test smoke alarms; and Whereas N FPA dedicates "Team Up for Fire Safety" to the hundreds of firefighters who so valiantly gave their lives to save others Jn 2001, especially on September 11; and Whereas The fire service of Niaaara Falls is committed to the safety of life and property from the devastating effects of fire; and Whereas The members of the fire service are joined by other concerned citizens of .Nia.qara Falls,Ontario, as well as other emergency service providers and safety advocates, businesses, schools, service clubs, and organizations in their fire safety efforts; I,Mayor Wayne Thomson and members of coucil for the City of Niagara Falls, do hereby proclaim the week of October 6-12, 2002, as Fire Prevention Week. This week commemorates the Great Chicago Fire of 1871, which killed more than 250 persons, left 100,000 homeless and destroyed more than 17,400 buildings, and serves as the motivating force to bring the people of Niaqara Falls together to build a safer community. We call upon the people of Niaqara Falls to "Team Up for Fire Safety" by participating in fire prevention activities at home, work and school, and taking the steps needed to make their homes and families safe from fire. In witness hereof, we hereunto set our hands this 7t__b.h day of October, the year of two thousand and two. (Si.qnatures) cITY OF NIAGARA FALLS 'LIVE' ADULT ENTERTAINMENT AND BODY.RUB PARLOUR STUDY Final Report - File AM 21/2002 September, 2002 Prepared by The Butler Group Consultants Inc. and Keir Corp. RECEIVED SEP 2 § 2002 PLANNING & DEVELOPMENT tOI THE BUTLER GROUP CONSULTANTS INC. Land Planning City File AM21/2002 RECOMMENDATION It is recommended that Council direct staff to prepare an Official Plan Amendment and Zoning By-laws to regulate 'live' adult entertainment parlours and body-mb parlours as per the findings of this study. 1.0 INTRODUCTION 1.1 Purpose The purpose of this report is to update Council on the Adult Entertainment Study for Niagara Falls and to provide recommendations to regulate 'live' adult entertainment parlours and body-mb parlours in the City. This report examines potential sites for alternative 'live'. adult entertainment and body-mb parlour locations and makes recommendations regarding the regulatory framework required to implement this proposal. This direction has been prepared in consultation with the Director of Planning, the Director of Economic Development and the City Solicitor. This report is an addendum to the consultants' Report to the City of Niagara Falls on Adult Entertainment and Body-mb Parlours, May 2001 prepared by the Buffer Group Consultants Inc. and Keir Corp. and was discussed at Committee of the Whole in camera with the City Solicitor on April 15, 2002. The May 2001 report findings were presented to Council at a Public Meeting on July 16, 2001. The May 2001 report outlined the existing situation in Niagara Falls regarding 'live' adult entertainment and body-mb parlour locations, numbers, licensing, land use and policy context; examined other municipal approaches; identified a number of planning considerations and set out alternative implementation options and mechanisms. It is not the intent of this report to repeat all of the findings of the May 2001 report. Reference should be made to that report for further detail. 1.2 Background On October 30, 2000, Council for the City of Niagara Falls passed a resolution to proceed with the hiring of a planning consultant to undertake a study of 'live' adult entertainment and body-mb parlours in order to identify appropriate locations for these facilities. The Butler Group Consultants Inc. responded to a proposal by the City to undertake this study. At its meeting of January 22, 2001, Council of the City of Niagara Falls passed By-law No. 2001-25, an interim control By-law, under section 38 of the Planning Act. The 11 Haze~ton Avenue, Suite 300 Toronto, Ontario M5R 416.926.8796 Fax 416.926.0045 E-mall dab~bu tlerconsultants.com I Final Report - Adult Entertainment and Body-Rub Parlours The Butler Group and Keir Corp. interim control by-law exempted 4 locations for body-mb parlours (one existing and 3 proposed) and 4 locations for existing 'live' adult entertainment parlours in the City. The interim control By-law, which prohibits new 'live' adult entertainment and body- mb parlours in the City, other than at those exempted locations, was subsequently extended for a further year until January 21, 2003. Further this By-law deleted one of the exempted body-mb locations at 8911 Lundy's Lane as the applicant failed to comply with the provisions of the Body-Rub Parlour Licensing By-law requiring proof of ownership at that location. 2.0 EXISTING SITUATION 2.1 Adult Entertainment Parlours The City of Niagara Falls currently has four existing licensed 'live' adult entertainment parlours, which include the following: Seductions - 8860 Lundy's Lane · Sundowner-8870 Lundy's Lane · Mints Lounge- 5951 Main Street · Concord Motor Hotel - 5769 Ferry Street. The existing four 'live' adult entertainment parlours are legal non-conforming as they were in existence prior to the passing of the City's Zoning By-law 79-200, approved in 1979, which did not expressly permit 'live' adult entertainment parlours in any zoning category. The City regulates the locations and the operational activities, fees, inspections, offenses and penalties through 2 By-laws passed under the Municipal Act (BL86-240 and BL96-175). 2.2 Body-Rub Parlours Zoning By-law 98-03 permits a body-mb parlour in General Commercial (GC) and Tourist Commercial (TC) Zones, provided it is within a prescribed distance separation (100m) from sensitive land uses and not greater than 300 square metres in size. The current Licensing By-law, 2000-17, for body-mb parlours provides for a total of 5 licences in addition to a number of other requirements regulating the operational activities, licensing, fees, inspections and related matters. At the time of this report, there are 3 unlicensed body-mb parlours apparently operating illegally in the City including: Desires Studio - 4927 Victoria Avenue Tokyo Health Centre- 4926 Victoria Avenue · Main Street Health Centre - 5904 Main Street Closure of these illegal body-mb pariours is currently a matter before the courts. Final Report - Adult Entertainment and Body-Rub Parlours The Butler Group and Keir Corp. The three body-mb parlours that are currently exempt from the interim control By-law (BL 2001-280 as amended) are now licensed and operating at the following locations: 8860 Lundy's Lane- Sensations 8700 Lundy's Lane- Fasinations 8720 Lundy's Lane- D6jh Vu Spa The property located at 8860 Lundy's Lane is licensed for both an 'live' adult entertainment parlour (Seductions) and a body-mb parlour (Sensations). 3.0 PLANNING CONSIDERATIONS The previous report cited several issues associated with the 'live' adult entertainment facilities in Niagara Falls. Currently, the 'live' adult entertainment parlours are regulated only through the Municipal Act under licensing. All facilities are legal non-conforming and the Official Plan states "the long term intent of this Plan is that such legal non- confomfing uses cease so that the lands may then be used for a purpose in conformity with the provisions of this Plan." The Official Plan also makes some exceptions to provide flexibility to the Zoning By-law and to avoid unnecessary hardship. Given our review of the 'live' adult entertainment parlours, however, and the proposed nature of potential secondary effects, it is not recommended that exceptions be provided to the expansion or enlargement of non-confo~ ming 'live' adult entertainment parlours. The Official Plan should be clarified in this regard as it pertains to the expansion of legal non-confomfing 'live' adult entertainment facilities. In the future, any new 'live' adult entertainment facility would be recognized in the Zoning By-law and therefore would be a legal use. These permissions will give certainty to the City and applicants should new facilities be proposed or applications be made for rezoning. The provision for four (4) 'live' adult entertainment parlour licences as established under the Municipal Act will continue. Neither the Official Plan nor the Zoning By-law provide any guidance or permissions for the location of 'live' adult entertainment parlours. The permission afforded through licensing but not in zoning for 'live' adult entertainment parlours would suggest a potential conflict should a new application be sought. Therefore, it is proposed that the Official Plan and Zoning By-law be amended to provide for greater clarity on the location and regulation of'live' adult entertainment parlours throughout the municipality. The existing 'live' adult entertainment parlours in Niagara Falls are all located in areas with close proximity to existing or future sensitive uses. Further, there is an existing concentration of 'live' adult entertainment and existing body-mb parlours in the Lundy's Lane area. Should any of the existing 'live' adult entertainment and body-mb parlours close and a licence expire for a current location, then the opportunity to relocate a licence within an area of less sensitivity could be sought. Such location would be in appropriate zones and separated by a distance requirement that would protect sensitive uses while affording sufficient choice and opportunity for relocation. Final Report - Adult Entertainment and Body-Rub Parlours The Butler Group and Keir Corp, In order to avoid a future concentration of adult facilities, as has occurred in Lundy's Lane, in another area of the City, it is also proposed that a distance separation be used among future 'live' adult entertainment and body-mb parlours. The three (3) existing licensed and zoned body-mb parlours would become legal non-conforming uses. However, should an existing body-mb parlour licence expire through attrition or revocation, then a new licence could potentially be sought in alternative zoned locations in the City. This study does not propose to change the provision for the five (5) body-mb parlour licences as established under the Municipal Act. Candidate areas for potential new 'live' adult entertainment and body-mb parlours included consideration of the following zones as set out in Zoning By-law 79-200 (see Map A): · Transportation-Distribution Industrial Zone · Prestige Industrial Zone · General Industrial Zone · Heavy Industrial Zone · Light Industrial Zone. These zones are principally included within the Industrial designation as depicted on Schedule A of the Official Plan- Future Land Use. All other Land Use zones were excluded as candidate areas for consideration of 'live' adult entertainment and body mb parlours as they were generally incompatible or inappropriate land uses zoning categories. Sensitive land uses and zone categories to be protected by distance separation from 'live' adult entertainment and body-mb parlours include the following: · Schools · Day care centers Children's museums · Campgrounds · Public parks · Arenas · Places of worship · Residential care facilities · Community centres · Residential Zones · Institutional Zone · Development Holding Zone · Open Space Zone Other sensitive uses not approved or existing at present that were buffered include the proposed Heartland Forest Christian resort commercial development. All of the above- noted uses were considered to be sensitive to the potential secondary effects of 'live' Final Report - Adult Entertainment and Body-Rub Parlours The Butler Group and Keir Corp, adult entertainment and body-mb parlours and should be protected by distance separation from these proposed uses. These sensitive uses are depicted on Map B. In addition to the criteria related to sensitive uses, as described above, a further criteria was applied to include a 100 metre separation distance from a Provincial controlled access highway (QEW) to any future 'live' adult entertainment or body-mb parlour. These high visibility and high accessibility sites would not be appropriate for 'live' adult entertainment uses as they are generally located along the City's major gateways and afford opportunities for higher order industrial uses. The potential to attract higher order prestige industrial uses along the controlled access highways should be protected and could be undermined with the establishment of 'live' adult uses. This is particularly critical where lands are now vacant and the City has been proactive in its efforts to attract business development to its industrial parks in the City's south end. In order to determine the number of potentially available sites and opportunities for relocation of 'live' adult entertainment and body-mb parlours, a sensitivity analysis was conducted using the City's Geographic Information System (GIS). This screening technique buffered the above-noted sensitive land uses and zones from their respective property boundaries to the zones under consideration for future 'live' adult entertainment and body-mb parlour use. The distances used in three scenarios included 200, 300 and 400 metres respectively, from the property boundaries of the sensitive uses and zones to the proposed zones recommended for 'live' adult entertainment and body-mb parlours. The distance separations were not applied in cases where the QEW, the Welland River or the hydro canal acted as appropriate buffers. The 100m buffer constraint from the controlled access highway (QEW) was also applied to all scenarios. An analysis of distance separations from sensitive land uses and zone categories results in the industrial lands as being the only appropriate areas in which to locate future 'live' adult entertainment and body-mb parlours. It is also an area that provides reasonable opportunities for relocation of existing facilities or new facilities while minimizing impact to existing and furore sensitive uses. A 20om distance separation from sensitive uses and resulted in a total of 128 full lots and 119 partial lots being potentially available to site new 'live' adult entertainment and body-mb parlours (see Map C). A 300m distance separation from sensitive uses and resulted in a total of 91 full lots and 79 partial lots being potentially available to site new 'live' adult entertainment and body- mb parlours (see Map D). A 400m distance separation from sensitive uses and resulted in a total of 63 full lots and 57 partial lots being potentially available to site new 'live' adult entertainment and body- mb parlours (see Map E). 'Live' adult entertainment and body-mb parlour uses are not considered sensitive to the potential impacts of adjacent industry in accordance with the Ministry of Environment's Final Report - Adult Entertainment and Body-Rub Parlours The Butler Group and Keir Corp. D6 Guidelines. In addition to having age of majority restrictions, 'live' adult entertainment facilities are: providing services within wholly enclosed buildings; serving a transient clientele; usually accompanied by music, food and alcohol in the case of 'live' adult entertainment parlours; and commercial in nature not unlike the commercial uses currently permitted in the City's Industrial designation. It is recommended that a distance of 300m be applied which would optimize both the protection of sensitive uses/zones and the opportunities for relocation on full or partial lots. It is our experience that similar and greater distance separations are used by a number of Ontario municipalities between sensitive uses/zones and 'live' adult businesses. Schedule 1 illustrates the areas in which these 'live' adult facilities can locate after application of the 300m distance separation. Given the nature of the potential secondary effects of 'live' adult entertainment uses, it is also desirable that these facilities be located within free-standing, single use buildings so as to minimize their impacts with adjacent neighbouring facilities and businesses. In order to avoid a future concentration of adult establishments, as experienced along Lundy's Lane, it is also suggested that a distance separation between facilities be required. Given the number of potential sites for relocation as indicated above, under the 300m distance separation scenario, a further distance separation of 300m could also be applied between 'live' adult facilities (as measured between buildings) that would reduce the opportunity for future clustering. The buffering from sensitive uses/zones leaves only the Industrial Zones for potential new locations as depicted on Schedule 1. Therefore based on the analysis, and in consultation with the direction of Committee of the Whole, it is recommended that the report addendum findings, the attached draft Official Plan amendment (see Schedule 2) and proposed Zoning By-law amendments be discussed at a public meeting. The attached draft Official Plan document implements the following changes to the Official Plan: permission of 'live' adult entertainment parlours and body-mb parlours only on lands designated Industrial excluding the proposed site of the Heartland Forest Christian resort commercial development, the 'live' adult entertainment parlours and body-mb parlours shall be separated from sensitive land uses and zone categories as listed above by 300 metres as measured fi:om the 'live' adult entertainment parlour building or body-mb parlour building to the property line of the sensitive use or zone category, · in order to avoid a future concentration of licensed 'live' adult entertainment and body-mb parlour facilities, a distance separation between facilities shall be established in the Zoning By-law, · 'live' adult entertainment parlours and body-mb parlours shall be located no closer than 100 metres to a Provincial controlled access highway, · policies restrict the expansion of existing legal non-conforming 'live' adult entertaimnent parlours and body-mb parlours, Final Report - ,4dult Entertainment and Body-Rub Parlours The Butler Group and Keir Corp, · policies do not allow site-specific rezonings to recognize the existing use of legal non-conforming 'live' adult entertainment and body-mb parlours. The proposed Zoning By-law implementing the above-noted Official Plan amendment includes the following changes: · definitions for 'live' adult entertainment parlour, body-mb, body mb parlour, specified sexual activities, services designed to appeal to erotic or sexual appetites, specified body areas, business, premises and other minor word definitions, · 'live' adult entertainment parlours and body-mb parlours will only be permitted within the Prestige, General, Heavy, Light and Transportation-Distribution Industrial Zones as depicted on Schedule 1, · body-mb parlours are deleted as a permitted use from the General and Tourist Commercial zones and the existing By-law distance separation from sensitive land uses is deleted, · retains the maximum gross floor area of a body-mb parlour at 300 square metres (3,229 sq. fi.), · maximum gross floor area of a 'live' adult entertainment parlour is 929 square metres (10,000 sq. ft.), · 'live' adult entertainment parlours and body-mb parlours are permitted only in freestanding, single use structures, · all 'live' adult entertainment parlours and body-mb parlours must be separated from one another by a minimum distance of 300 metes as measured from building to building. 4.0 CONCLUSIONS In conjunction with City Planning staff, we have conducted a comprehensive study of 'live' adult entertainment facilities in the City. This review has consisted of an assessment of the location of existing facilities, research and analysis of secondary impacts of'live' adult entertainment and body-mb parlours on sensitive land uses, examination of existing land uses, historic evolution of land use policy and zoning, future development patterns envisioned by the Official Plan and public input. The following represents a summary of the major conclusions of this study: 1) 'Live' adult entertainment and body-mb parlours are not land uses that the City intends to promote or encourage in the future. In fact, the ultimate objective is to control and limit any new applications or expansions of existing facilities. 2) The traditional downtown and tourist commercial districts of the City are not appropriate areas in which to locate 'live' adult entertainment and body-mb parlours. An analysis of other sensitive land use designations results in the industrial area as being the only appropriate designation in which to locate future 'live' adult entertainment and body-mb parlours. Final Report - Adult Entertainment and Body-Rub Parlours The Butler Group and K~'ir Corp. 3) 4) 5) 6) Based on this review, it is necessary from a planning perspective to add policies in the Official Plan to provide long-term direction, and to amend the existing Zoning By-law so that it is in conformity with the Official Plan. The existing 'live' adult entertainment parlours are located in close proximity to existing sensitive uses or furore sensitive uses as set out in the Official Plan. The relocation of these facilities to certain portions of the industrial area is seen as a long-term planning strategy. There is an over-concentration of'live' adult entertainment and body-mb parlours at the west end of Lundy's Lane. No expansion of the legal non-confoiming 'live' adult entertainment parlours should be permitted and no additional body-mb parlours should be permitted in this location. The use of the City's Licensing By-laws for 'live' adult entertainment and body- mb parlours are important municipal tools to regulate 'live' adult entertainment and body-mb parlours in addition to the Official Plan and Zoning By-law. lhe Cfly of ~f/~. City of Niagara Falls Adult Entertainment & Body Rub Parlour Study Map A - Candidate Areas A Scale: 1:85,000 By-law 79-200 Designations Legend HOLDING ZONE TOURIST COMMERCIAL TOURIST COMMERCIAL ZONE INDUSTRIAL ZONE TRANSPORTATION-DISTRIBUTION PRESTIGE INDUSTRIAL ZONE GENERAL INDUSTRIAL ZONE HEAVY INDUSTRIAL ZONE LIGHT INDUSTRIAL ZONE Planning & Development s :~zoning~odym b~AE P.apr City of Niagara Falls Adult Entertainment & Body Rub Parlour Study Map B - Sensitive Areas Scale: 1:85,000 Legend INSTITUTIONAL ZONES I SCHOOLS, DAYCARES, CHILDREN'S MUSEUM PARKS AND OPEN SPACES I RESIDENTIAL CARE FACILITIES, YOUTH HOMES RESIDENTIAL AREAS ~ CHURCHES COMMUNITY CENTRES P~anning & Development s :~-oning~bod yrub~AE P.apr City of Niagara Falls Adult Entertainment & Body Rub Parlour Study Map C - 200m Buffer Zone From Sensitive Uses - 100m Buffer Zone From QEW (High Visibility) Sensitive Uses SCHOOLS. OAYCARES, CHILDREN'S MUSEUM 1 PARKS AND OPEN SPACES I COMMUNITY CENTRES CHURCHES Legend RESIDENTIAL CARE FACILITIES CAMPGROUNDS Sensitive Zones (not shown in colour) RESIDENTIAL INSTITUTIONAL OPEN SPACE DEVELOPMENT HOLDING / POTENTIAL CANDIDATE AREAS (128 full lots, 119 partial lots) City of Niagara Falls Adult Entertainment & Body Rub Parlour Study Map D - 300m Buffer Zone From Sensitive Uses - 100m Buffer Zone From QEW (High Visibility) Sensitive Uses SCHOOLS DAYCARES, CHILDREN'S MUSEUM 1 PARKS AND OPEN SPACES / COMMUNITY CENTRES CHURCHES Legend RESIDENTIAL CARE FACILITIES CAMPGROUNDS Sensitive Zones (not shown in colour) RESIDENTIAL INSTITUTIONAL OPEN SPACE DEVELOPMENT HOLDING POTENTIAL CANDIDATE AREAS (91 full lots. 79 partial lots) the Cdy C~ ~ City of Niagara Falls Adult Entertainment & Body Rub Parlour Study Map E - 400m Buffer Zone From Sensitive Uses - 100m Buffer Zone From QEW (High Visibility) N Sensitive Uses SCHOOLS, DAYCARES, CHILDREN'S MUSEUM 1 PARKS AND OPEN SPACES 1 COMMUNITY CENTRES CHURCHES Legend RESIDENTIAL CARE FACILITIES CAMPGROUNDS Sensitive Zones (not shown in colour) RESIDENTIAL INSTITUTIONAL OPEN SPACE DEVELOPMENT HOLDING POTENTIAL CANDIDATE AREAS (63 full lots, 57 partial lots) SCHEDULE 1 LOCATION MAP Industrial Areas Peni-fitting Adult Entertainment Parlours & Body Rub Parlours (After application of separation distances from sensitive zones, lands uses and QEW Highway) Amending Official Plan & Zoning By-law No. 79-200 & By-law 395 Applicant: City of Niagara Falls AM-21/2002 1 :NTS S:~oning~xlyrubXaeps~vlapping.apr August 2002 SCHEDULE 2 PART 2 - BODY OF THE AMENDMENT All of the this part of thc document entitled PART 2 - Body of the Amendment, consisting of the following text, constitutes Amendment No. XX to the Official Plan of thc City of Niagara Falls. DETAILS OF THE AMENDMENT The Official Plan of the City of Niagara Falls is hereby amended as follows: 1. TEXT CHANGE PART 2, SECTION 9, POLICY 9.1 - INDUSTRIAL is hereby amended by adding the following sentence after the third sentence ending with the word "definition", "Adult entertainment parlours and body-mb parlours will also be perccdtted within the industrial designation subject to other policies of this plan". b) PART 2, SECTION 9 - INDUSTRIAL is hereby amended by adding the following new policy immediately after Policy 9.16: 9.17 Notwithstanding that adult entertainment parlours have not been historically permitted in any land use designation, a limited number of licensed adult entertainment parlours and body-mb parlours currently exist throughout various geographic areas of the City. It is the intent of this Plan to provide guidance and direction with respect to appropriate areas of any new licensed adult entertainment parlours and body-mb parlours or their relocation. Generally, adult entertainment parlours and body-mb parlours are not promoted as a land use in any part of the City. In particular, adult entertainment parlours and body-mb parlours shall not be permitted in designations and zones of a predominantly residential, institutional, commercial, rural, agricultural and parks and open space nature. These areas are considered to be incompatible with adult entertainment as they are frequented by families with children, tourists, have high pedestrian traffic volumes or are subject to economic revitalization that could be adversely affected. Rural and agricultural areas are not serviced and would generally not be compatible with these urban uses. In order to min'Lmize adverse effects, adult entertainment parlours and body-mb parlours shall be appropriately separated from sensitive zones including Residential, Development Holding, Institutional and Open Space zones; as well as specific sensitive land uses such as places of worship, residential care facilities, campgrounds, schools, day care centres, children's museums, parks, arenas and other similar community/institutional or public uses regardless of their zone category. An appropriate separation distance shall be a minimum of 300 metres from the property line associated with the sensitive use or zone to the building of the body-mb parlour or adult entertainment parlour. The 300 metre separation distance noted above shall not applyin cases where the QEW, hydro canal .and Welland River, which represent effective physical barriers, are present. Furthermore, no exterior wall of any adult entertainment parlour and/or body-mb parlour buildings shall be located closer than 100 metres from the road allowance of a controlled access highway. -2- In addition to the above, neither adult entertainment parlours or body-mb parlours will be permitted within lands, generally situated south of Brown Road and west of Kalar Road, which are subject to the development ora Christian resort commercial development. These lands are also~ considered as a sensitive land use and adult entertainment parlour and body-mb parlour buildings shall be separated from these lands by a minimum distance of 300 metres. It is the policy of this Plan to avoid a future concentration of licensed adult entertainment parlours and body-rub parlours within one geographic area o£the City. In order to avoid clustering, the City's zoning by-law shall be amended to establish an appropriate distance separation between and among adult entertainment parlours and body-mb parlours. PART 4, SECTION 5 - NON-COMPLYING USES is hereby amended by adding the following new subsection: 5.3 Due to the potential secondary effects of adult entertainment parlours and body-mb parlours and their existing concentration in certain geographic locations of the City, only those facilities that comply with the Industrial land use designation shown on Schedule "A" of this Plan and any other applicable policy of the Official Plan shall be zoned as a permitted use. PART 4, SECTION 6 - NON-CONFORMING USES is hereby amended by adding the following new subsection: 6.5 The long-term intent of the Plan is to reduce the potential secondary effects of existing adult entertainment parlours and body-mb parlours with sensitive and incompatible uses and to reduce the concentration of existing adult entertainment parlours and body-mb parlours. It is the intent of this Plan that the adult entertainment parlours and body-mb parlours existing as ofAugnst 12, 2002 that are legal non-conforming should ultimately cease or relocate to the appropriate Industrial designations. As such any proposed expansions or enlargements of legal non- conforming adult entertainment parlours and body-mb parlours shall not be permitted. S:\Official.pln\AM END~45~BODY_45.wpd THE BUTLER GROUP CONSULTANTS INC. Land Planning Services September 23, 2002. His Worship Mayor Wayne Thomson and Members of Council, City of Niagara Falls. Members: RE: Adult Stores~ Ci,ty of Niagara Falls Recommendation: It is recommended that: 1. Council direct staff to prepare a new Zoning By-law to provide separation distances for adult stores as per the findings of this report. 2. the City further regulate adult stores through licensing under the Municipal Act. Background In accordance with the City's instructions, we have reviewed the issue of separation distances between adult stores and sensitive land uses. From our experience, adult stores have not caused the same degree of negative impact on sensitive uses or commercial areas, as have 'live' adult entertainment parlours or body- mb parlours. This is generally due to their small size (less than 2,000 sq. ft.), restricted hours of operation, the retail nature of their business and lack of demand. These uses do not generally result in off-site impacts such as prostitution, drug use, and other socio- economic effects. Furthermore, many municipalities have adopted a separate licensing by-law for these uses in order to control signage, window displays, hours of operation, and restricted access to minors (less than 18 years of age). In some cases, these by-laws apply to all types of stores that may sell explicit sexual material such as variety stores, video stores or other bookstores. We understand the City is preparing a licensing By-law to regulate these facilities and we agree with this approach. In order to control possib}e clustering or concentrations of adult stores among themselves or in combination with 'live' adult entertainment facilities, we would recommend a minimum distance of 100 metres between these uses as well as 300 metres distance separation between adult stores and any 'live' adult entertainment parlour building or body-mb parlour building. I1 aazetton Avenue, Suite 300 Toronto, Ontario MSR 2El 416.926.8796 Fax 416.926.0045 E-marl dab~butlerconsultants.com 1 ~CT--0~--92 05:4~ P~ ~UTLER CONSULTANTS 416 92~ 0045 P. 0~ -2- We are recommending that these controls be implemented by way of zoning and lice.sing. Yours very truly, THE BUTLER GROUP (CONSULTANTS) INC. David A. Butler, MCIP, RPP President tlI~. FI:iLLS CLERKS September 20, 2002 Re: Zoning By-law Amendment Application City File: AM-33/2002 Atto: City Clerks Office Dear Sir: As per our telephone conversation of September ! 9, 2002, this letter is to hfform you of my intention to attend the Public Meeting scheduled during the City Council Meeting on Monday, October 7, 2002 to address concerns regarding the above by-law mnendment I would like to reserve the option of speaking to the matter should any contents arise during this meeting. As the owner of Lilly 'n Lace Lingerie, with 2 locations in Niagara Falls, this proposal may have a direct impact upon their continued success. Thank you for your attention to this matter. Lilly '~' Lace Lingerie, Niagara Falls 905-295~3317 N am Fan5 Board of Management September 16, 2002 P.O. Box 5, 4609 Crysler Avenue, Niagara Falls, Ontario L2E 3V6 Tel.: (905) 354-0606 Fax: (905) 354-5541 dbia@on.aibn.com www.downtownniagarafalls.com j ~ Planning : I ~' $cannecl Doug Darbyson, Director, Planning and Development, City Hall, 4310 Queen Street, Niagara Falls, ON L2E 6X5 Dear Mr. Darbyson: Further to your Public Meeting Notice regarding the zoning by-law amendment application for Adult Stores, the Niagara Fails Downtown Board of Management would l~e to re4uest the right to speak at your meeting Monday, October 7, 2002. Our proposal to this zoning by-law is that the Adult Stores be site specific and not open zoning. Please reserve a copy of the proposal for us. A representative of the board will pick it up after October 4, 2002. Thank you for your consideration. Sincerely, Joe Amodeo, Chairman. Ja/jc RECEIVED SEP 2 3 2002 PLANNING & DEVELOPMENT /OOZ Downtown Niagara Falls: Where Variety Makes the Difference September 27, 2002 City of Niagara Falls City Hall 4310 Queen Street, Niagara Falls, Ontario L2E 6X5 COPy Attention: Mr. Doug Darbyson Director of Planning and Development Dear Sir: Re: Proposed Official Plan and Zoning By-Law Amendments City File AM-21/2002 Please accept this letter as official comment with respect to the City's proposed Official Plan and Zoning By-Law changes regarding land use designations for Adult Entertainment Parlours (AEP's) and Body Rub Parlours (BRP's). As you may be aware, the Stanley Avenue Business Park Association is a local business association representing the collective interests of approximately sixty (60) businesses within the Falls Industrial Park. Our Association was formed alter operators in this Industrial Zoned Area recognized the need in 1999 to promote a unified approach to address common issues. As a result, our Association has been formalized and has achieved success with the assistance of the City's Business Development Office and The Niagara Regional Police. Our membership has voiced severe concern over the proposed integration of AEP's and BRP's within our Park fxom two perspectives. The integration of these establishments in our Business Park will increase traffic and heighten negative exposure that will magnify Security Issues and place.our businesses at an intolerable risk level. 2. The integration of these establishments in our Business Park will artificially increase property value and resulting tax costs, but decrease business value. David K Allan. Chairman C/O Marine Clean Limited PO Box 2205 Niagara Falls, Ontario L2H 2A5 Phone (905) 356-5553 Fax (905) 356-7631 email dallan~!vaxxine,com SECURITY The prime reason for the formation of this Association was to address on-going security concerns within the boundaries of the Industrial Park. These security concerns had been present over the previous decade, however several attempts to address this issue with the City proved unsuccessful. Repeat instances of vehicle and property theft on a large scale, vandalism, arson, mischief~ break-ins, etc. escalated to the point where corrective action was required. The motivating factors involved were containing associated costs (insurance premiums, unclaimed losses, deductibles, etc.), and maintaining the safety of employees so that operating a business in the Park would remain viable. Through the effort of many concerned parties, we were successful in implementing various security measures that include: · Community Policing Initiatives with the NRP and fellow members. · Establishment of a Private Security Presence within the Park. · Review and upgrade of individual business security features. · Participation in the Niagara Falls Business Watch Alert system. · Increased lighting in the Park. These measures have come at great cost (time, effort and finances) to both our members and the City through their support and assistance. Our membership is strongly opposed to any action that will erode these successes. BUSINESS AND PROPERTY VALUE Our membership has struggled with high tax costs for many years that have resulted from unfair property assessment rates. Many legal challenges from our members have been unsuccessful or abandoned as accurate, recent, comparable sales information has been unavailable. Our membership is concerned that with the possible sale of property within the Business Park relating to these proposed changes, property values may artificially increase as a result of non-intended use. Further, due to the negative exposures associated with these establishments, members are concerned that overall business value will decrease. The combined effects of these two factors present a potential risk that our membership is not prepared to accept. As the chair of the Stanley Avenue Business Park Association and a founding member, I am dismayed that Council would even consider a proposal to integrate these establishments in an Industrial Area. I am further discouraged when I consider the major challenges we have overcome with respect to security in the Park and the potential for our work to not only to be destroyed, but the problem compounded. David K. Allan. Clmimmn C/O Marine Clean Litmted PO Box 2205 Niagara Falls, Ontario L2H 2A5 Phone (905) 356-5553 F~x (905) 356-7631 - email dallan(~vaxxine.com Therefore, our Association, through our membership, requests that Council reject this proposal and look for other reasonable options. Further we request that our voice be heard at the Public Meeting scheduled on October 7, 2002, and we be placed on the notification list concerning adoption/rejection of this proposal. On behalf of our membership, I appreciate the opportunity to comment on this matter. RespecOeully Submitted, David K. Allan Chair, Stanley Avenue Business Park Association. CC: -Insp. Doug Kane, Niagara Regional Police -Mayor Wayne Thomson and Members of Council, City of Niagara Falls -Wendy Canavan, Business Development Officer, City of Niagara Falls -Serge Felicetti, Director of Business Development, City of Niagara Falls -Carolyn Bones, Niagara Falls Chamber of Commerce David K. All~m, Clmirman C/O Marine Clean Limited PO Box 2205 Niagara Falls, Ontario L2H 2A5 Phone (905) 356-5553 Fax (905) 356-7631 email dallan~,vaxxine.com 4o~ OORC~£STeR RO= PO Box 1023 ~u~c.~ ~ALLS Niagara F~III~, Ontario ONTARIO L2,E 6M9 L.2E 6X5 ~}ENT BY,,FAX TO=, 1906! 374-3K7 RE: .Pr~3osed Amendment- Ofiioial Plan and Zoning By4.mv//79-200 and ~t398, 1966 TELEPHONE 905,374,3666 FAX ~0,~374,2972 EMNL aUmi~nflschambe[com www. nnschamber.c0m ' MN~N~ N~ PN. LS A BEI'rER ~LAOE [ TO IJ~, WORK i PLAY 8 NC~ 1889 Many ~ ol' the Chamber of Commerce am already on recxx'd opposing the e~d~hmm~ of adult entmtainment I~m (AEP'$) and body-mb padours (BRP'$) in ~ tourist-commercial areas. The view is ~,-ongly held that while these estabtshmieflts may' have lhe legal right to operate they prem~It the wrong image We am nmv faced 'with a prolx;~al to isolate the ~ of any new AEP'$ and BRP'# to industrial areas. The Board of the N'mgam FeEs Chamber of we objec* ~o thek establbhment in tourist commerckd, ree~lent~ or any other fi, as w~ uilderatand it, the Provim~ pemlils a ceftdn number of the~e enterpdaee to establish themmdvea in thi~ community we would strongly urge Cauncil to permit euc~ u~e~ <rely in m,.~ta~e m c.,~side ~ urb~ boundary, in mahy ways thb ia that AEP's;and BRP's am not compatible in any ne~llx~u~ ~'"must therefore measures ~ have proposed that you explore ali ~ ~y which already estabished AEP's and. BRP's can be ~. ~:!llVlv~ bounda~ and 4056 Dorchester Road Niagara Falls, Ontario L2E 6M9 TELEPHONE 905° 374e3666 FAX 905e374o2972 EMAIL admin@nflschamber.com WEBSITE www.nflscharnber.com Important Notice To Members Of The Niagara Falls Chamber of Commerce The City of Niagara Falls Council will consider a proposal to amend the City's Official Plan and Zoning By-Laws No. 79-200 and No. 395, 1966, to establish policies and zoning provisions to control the location of adult entertainment parlours (AEP's) and body-rub parlours (BRP's). At present AEP's and BRP's are not specifically identified as a permitted use in any of the land use designations with the Official Plan. The proposed amendments will permit adult entertainment and body-rub parlours to operate on lands designated Industrial in the Official Plan and not within any other land use designation. AEP's and BRP's will only be permitted within the Prestige, General, Heavy, Light and Transportation- Distribution Industrial zones. The City is attempting to control and regulate Adult Entertainment Parlours (AEPs) and Body-rub Parlours (BRPs) in one uniform zoning by-law. Planning consultants have examined the City and have determined that industrial locations are the best place to locate them. The City does not have the authority to prohibit these uses, only to regulate and license them. The planning consultants have advised the City that the reason that industrial zones were chosen was because basically the industrial areas provide the best opportunity to distance these operations from sensitive land uses while still providing Iocational opportunities. The consultants have determined that these uses can co-habit with industrial uses. A Public Meeting will be held on Monday, October 7, 2002 at 6:00 p.m. in the Council Chambers, City Hall, 4310 Queen Street. If you are unable to attend the meeting written comments should be submitted to the Director of Planning and Development, City Hall, 4310 Queen Street, Niagara Falls, Ontario L2E 6X5 prior to October 4th, 2002. Refer to City File AM-21/2002. A complete copy of the Public Meeting Notice regarding this matter is available. If you would like to have a copy faxed to you please contact the Chamber of Commerce at 905-374-3666. NIA~A PLANNING AND DEVELOPMENT DEPARTMENT~/' The Regional Munlcipallty of Niagara 3550 Schmon Parkway, P.O. Box 1042 I ~ Planning Thorold, Ontario L2V 4T7 1 ~ $~nr, ed Telephone: (905) 984-3830 / File; ~Z-Ot,./ Fax: (905) 641-5208 ....... E-mall: plan~.regional,niagara,on,ca October 3, 2002 File: D.10.M.I 1.27 Mr. Doug Darbyson, MCIP, RPP Director of Planning & Development City of Niagara Falls 4310 Queen Street Niagara Falls, ON L2E 6X5 Dear Mr. Darbyson: Feuillcts de transmission par t~l~copieur Post-it' F~x Note 7671B Proposed Official Plan and Zoning By-law Amendments Adult Entertainment and Body-Rub Padours Industrial Designations City of Niagara Falls Your Fil,e: AM-2tl2002 RECEIVED OCT - 3 2002 PLANNING & DEVELOPMENT The City is considering amendments to its planning documents in order to establish policies and zoning provisions to control the location of adult entertainment padours (AEP's) and body-rub padours (BRP's), These uses are currently not specifically identified as permitted uses in any of the land use designations within the City's Official Plan. The proposed Official Plan amendment proposes to control such uses as follows: only permit AEP's and BRP's on lands designated Industrial; require such uses to be appropriately separated from sensitive land uses (including the Heartland Forest Christian resort commercial development) by 300 metres, except where physical barriers consisting of the QEW, hydro canal or Welland River are present; regulate the expansion of and encourage the relocation of existing legal non- conforming AEP's and BRP's. The Zoning By-law changes include adding several definitions related to these uses, restricting them to specific industrial zones, deleting body-rub parlours as a permitted use within General and Toudst Commercial zones, and regulating the maximum size of AEP's and BRP's. The amendments affect lands within the City's Urban Area Boundary as defined by the Regional Policy Plan and are primarily of local significance, Regional Planning staff, nevertheless, is supportive of the City's efforts to regulate these uses and minimize their impact on sensitive land uses as the Region shares an interest with local municipalities in minimizing conflicts between adjacent land uses. It is noted that the City's proposed policies are similar to the approach recently taken by some other municipalities in Niagara (e.g. Grimsby), As a point of information, we note that lands in the industrial area to the south of Oldfield Road/Drummond Road are being considered for a proposed golf course development. As such, if these lands are redesignated from Industrial in order to permit the proposed golf course, this area would not be available for AEP's or BRP's. In conclusion, Regional Planning staff has no objection to the approval of these amendments from a Regional or Provincial planning perspective. Upon adoption of an Official Plan amendment by City Council, a complete application including the Region's processing/review fee should be forwarded to this Department for Regional approval. Please send notice of Council's decision on these proposed amendments. Yours truly, David J. Farley Director of Planning Services PB/ Councillor W. Smeaton Mr. W. Stevens, Regional Public Works NIA~A PLANNING AND DEVELOPMENT DEPARTMENT ~¢~ The Regional Municipality of Niagara 3530 Schmon Parkway, P.O. Box 1042 Thorold, Ontarlo L2V 4T'/ lt'~ Telephone; (905) 984-3630 IRle_~: Planning Fax: (905) 64t .52oe .z.~ r,.Q E-mall: plan~regionaLnlagare.nn, ca October 3, 2002 Mr. Doug Darbyson, MCIP, RPP Director of Planning & Development City of Niagara Falls 4310 Queen Street Niagara Falls, ON L2E 6X5 Dear Mr. Darbyson: File: D.10,M.11.27 Feuillets de transmission par tJl~cepieur Post-it' Fax Note 7674 Re-' Proposed Zoning By-law Amen, Zoning Provisions for Adult Stc. Ail Zones Permitting Retail Commercial Stores City of Niagara Falls Your File: AM~.312002 "Ft EIVED OCT - 3 2002 PLANNING & DEVELOPMENT The City is considering an amendment to its Zoning By-law to control the location of adult stores in order to prevent a concentration in any one area of adult stores and/or adult businesses (i.e. adult entertainment and body-mb padours). The proposed amendment will: require adult stores to be separated from each other by a minimum distance of 100 metres as well as from an adult entertainment or body-rub padour by a minimum distance of 300 metres; permit adult stores in all zones which permit retail commercial stores including Neighbourhood Commercial, General Commercial, Planned Shopping Centre Commercial, Central Business Commercial and Tourist Commercial zones; and, · add definitions of an "adult store" and related terms to the Zoning By-law. This amendment affects lands within the City's Urban Area Boundary as defined by the Regional Policy Plan and is pdmadly of local significance. Regional Planning staff, nevertheless, is supportive of the City's efforts to regulate this land use. The Region shares an interest with local municipalities in minimizing conflicts between adjacent land uses. In this regard, Regional Planning staff suggests that the City give some consideration as to whether this use is desirable in proximity to sensitive land uses. A separation distance from sensitive land uses as the City is proposing for adult entertainment and body*rub parlours (AM-21/2002) may also be appropriate for adult stores. In this context, Neighbourhood Commercial zones, which are normally situated in close proximity to the residential areas they are intended to serve, may not be suitable for locating adult stores. In conclusion, Regional Planning staff has no objection to the approval of this amendment from a Regional or Provincial planning perspective subject to the City's consideration of the above comments regarding compatibility with sensitive land uses. Please send notice of City Council's decision on this application. Yours truly, David J'. Farley Director of Planning Services PB/ C: Councillor W. Smeaton Mr. W. Stevens, Regional Public Works MARINE CLEAN P.O. Box 2205, 6220 Don Murie St. Limited Niagara Falls, Ontario L2E 6Z3 Tel: 905.356.5553 Fax: 905.356.7631 September 27, 2002 City' of Niagara Falls City Hall 4310 Queen Street, Niagara Falls, Ontario L2E 6X5 Attention: Mr. Doug Darbyson Director of Planning and Development Dear Sir: RECEIVED OCT - 3 20O2 PLANNING & DEVELOPMENT Re: Proposed Official Plan and Zoning By-Law Amendments City File AM-21/2002 Please accept this letter as official comment with respect to the City's proposed Official Plan and Zoning By-Law changes regarding land use designations for Adult Entertainment Parlours (AEP's) and Body Rub Parlours (BRP's). The proposed change to permit these designated land uses within Industrially Zoned areas raises severe concern for my fn'm. My concern is twofold. The integration of these establishments in our Business Park will increase traffic and heighten negative exposure that will magnify Security Issues and place our businesses at an intolerable risk level. 2. The integration of these establishments in our Business Purkwill artificially increase property value and resulting tax costs, bm decrease business value. SECURITY The Falls Industrial Park has faced on-going security concerns over the past decade. Repeat instances of vehicle and property theft on a large scale, vandalism, arson, mischief, break-ins, etc. escalated to the point where corrective action was required. As such, concerned operators formed a Business Park Association to address these security concerns. The motivating factors involved were containing associated costs (insurance premiums, unclaimed losses, deductibles, etc.), and maintaining the safety of employees so that operating a business in the Park would remain viable. Our losses alone included total write-offs of two (2) tractors (approx. $175,000 loss), and a partial building loss (approx. $90,000) as a result of arson alone. Several other non-reported incidents have compounded our immediate problem. Through the effort of many concerned parties, we were successful in implementing various security measures that include: · Community Policing Initiatives with the NRP and fellow members. Establishment of a Private Security Presence within the Park. · Review and upgrade of individual business security features. · Participation in the Niagara Falls Business Watch Alert system. · Increased lighting in the Park. These measures have come at great cost (time, effort and finances) to Marine Clean, our neighbours within the Park, and the City through their support and assistance. I am strongly opposed to any action that will erode these successes. BUSINESS AND PROPERTY VALUE My firm has struggled with high tax costs for many years that have resulted from unfair property assessment rates. Many legal challenges from our neighbours have been unsuccessful or abandoned as accurate, recent, comparable sales information has been unavailable. I am concerned that with the possible sale of property within the Business Park relating to these proposed changes, property values may artificially increase as a result of non-intended use. Further, due to the negative exposures associated with these establishments, I am concerned that my overall business value will decrease. The combined effects of these two factors present a potential risk that I am not prepared to accept. It is simply astounding that the Planning Department would consider that this type of land use is only compatible with Industrial Zoned areas. This seems somewhat discriminatory. I would suggest that several of these establishments have co-existed in Commercial areas of the City for many years. As such, a proven track record and history exists which should be used for planning purposes rather than making changes based only on a consultant's report. Additionally, it doesn't seem appropriate to fra~tnnent the location of these establishments all over the City. Perhaps the creation of a "red light' district would be more appropriate. In closing, I would request that the City seriously reconsider their proposal to permit this type of land use in Industrial Zoned areas. I feel that this decision would have serious detrimental effects on my business that would affect its future viability. Thank you for the opportunity to comment on this matter. Respectfully Submitted, David K. Allan President. 6 A M 5 GROUND AERIAL MAINTENANOE SERVICES LTO. October 2, 2002 40 End Thomlm A,~. NJ~g~.m Fidis, LEE 6X8 Tel: (li0~) Fax: (g05) City of Niagara Falls 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Attention: Mr. D. Darbyson, Director of Planning and Development Dear Sir: RE: PROPOSED OFFICIAL PLAN AND ZONING BY-LAW AMENDMENTS CITY FILE AM-21/2002 My purpose in writing is to comment with respect to the City's proposed Official Plan and Zoning By-law changes pertaining to land use for Adult Entertaiment Parlours (AEP's) and Body Rub Parlours {BRP's). My concern with the above lies in two main areas: - Security As a member of the Stanley Avenue Business Park Association, Ground Aerial Maintenance Service Ltd. has participated with due diligence to implement various measures to improve security in the Stanley Avenue Business Park area. We strongly oppose any action that would jeopardize the success of these endeavours. Business and Property Value Ground Aerial Maintenance Service is concerned that with the possible sale of property within the Business Park relating to these proposed changes, property values may artificially increase as a result of non- intended use. Further, due to the negative exposures associated with these establishments, we are concerned that our overall business value will decrease. It is our feeling that the effects of these two factors present an unacceptable potential risk. RECEIVED 0CT - 3 2002 PLANNING & DEVELOPMENT October 2, 2002 City of Niagara Falls: As the owner of a long established business in the Stanley Avenue Business Park, I am greatly disappointed that Council would even consider a proposal such as this. Members of City Council are aware of the time, effort and finances that we, along with other members of the Stanley Avenue Business Park have put in to make the Park a secure and viable business area. It is our strong recommendation that Council reject this proposal, and look elsewhere for more suitable options. We appreciate the opportunity to comment on this matter. LV/cad I-at;tUl Forms Niagara Ltd. Phone Free 1-800-933-0086 Fax Free 1-800-933-0082 CANADA 8481EarlThoma$ Avenue NiaGara Falls, Ontario Canada L2E6X8 UNITED STATES RO, BOX '109¢ Niagara Falls, New York U.S.A. 14302 Telephone (905} 358-0699 Fax (g05) 358-1636 .'--mail: ffsales@foct0r, t~iaga*e.com October 3, 2002 ~066 10-03-02~.:55 P .01 Planning J Scan~d City of Niagara Falls City Hall 4310 Queen. Street Niagara Falls, Ontario Attn:Mr. Doug Darbyson Re: Proposed Offidal Plan and Zoning By-Law Amendments City File AM21/2002 The proposal before City Council to require AEP's (Adult Entertainment) and BRP's (Body Rub Parlours) to locate or relocate into current areas zoned Industrial should be stopped before any more time is spent on the concept. Factor Forms has been located in the Stanley Avenue Business Park since we came to Niagara Falls eight ),ears ago. S,,..ecurity has been an problem since that time and the inclusion of this new industry' within our borders would certainly not help. There is also the issue regarding how this would effect property value and ongoing business value for both ourselves and our current neighbor~. These two positions are clearly outlined in a letter sent to you from our association by Mr. David Allan. My last observations are as a relative newcomer to Niagara Falls. I would have thought that it would be the goal of our City to try and attract new industrial business to Niagara Falls. Such businesses looking to relocate here must already give second thought if they research the current property tax structure. Taxes for our facility in Niagara Falls nm almost double to those in our Edmonton plant which has twice the buildJ~ size and twice the land. Secondly, the thought of prospective industry searching for land and or faciliQes in a business park that induded Adult Entertainment as well, to me is laughable. What kind of long term growth are you possibly looking for by including Adtflt Enterta. inment facilities with local industrial businesses? Please, lets look to grow our dry and community by attracting new industrial partners first, by shelving this proposal pe~'manenfly, and then reducing taxes to attract business that will benefit us A1 Cul~fi~gham General Manager RECEIVED OCT - 3 2002 PLANNING & DEVELOPMENT I'IiR~. FRLLS CLERKS '02 1004 J.!~'~.~ DA VID A, CRO WE,, LL.B. Barrister and Solicitor 6617 Drummond Road, Niagara Falls, Ont'ado L2G 4N4 October 3"~, 2002 TEL: (905) 356-7755 FAX: (905) 356,7772 His Worship Mayor Wayne Thompson and Members of the Municipal Council City of Niagara Falls 4310 Queen Street Niagara Falls, Ontario L2E 2L1 BY FAX TO: (905) 356-9083 Attention: Ms. Barb Muir Council Secretary Dear Sirs: RE: City of Niagara Falls - Adult Businesses By-law (draft) and draft Zoning By-law Please be advised that I wish the right to speak to the above matters on behalf of the Concord Hotel and Sam's Montrose Hotel at the Council meeting scheduled for Monday, October 7th, 2002 at 6:00 p.m. and at subsequent Council meetings where these draft By-laws are considered. Your very truly, DAVID A. CROWE DAC/sm 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.niagarafalls.on.ca L-2002-60 R.O. Kallio City Solicitor October 7, 2002 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: Adult Businesses By-law Our File No.: 2002-507 RECOMMENDATION: For the information of Council. BACKGROUND: In conjunction with The Butler Group (Consultants) Inc. Report on the proposed Official Plan Amendment and Zoning By-law Amendment with respect Adult Entertainment Parlours and Body- Rub Parlours, a proposed Adult Businesses Licensing By-law has been drafted and Notice for consideration at a Public Meeting on October 7, 2002, was given by way of an advertisement in the City page in the Niagara Falls Review. A meeting was held on October 1, 2002, between the Mayor and City Staff and all interested parties, who may be affected by the proposed Licensing By-law. In attendance were owners and operators of Adult Entertainment Parlours (A£P), Body-Rub Parlours (BRP) and Adult Stores and their legal representatives. The purpose of the meeting was to go through the provisions of the proposed Licensing By-law and to receive input, questions, suggestions and comments with respect to the said By-law. As a result of the meeting, the proposed Licensing By-law will not be ready in its final form for Council at its meeting of October 7, 2002. The By-law is being revised to remove Adult Stores from the Adult Businesses By-law and to put them in a separate, stand-alone By-law. A number of conditions and regulations affecting AEPs and BRPs would not apply to Adult Stores. However, they will still be controlled and regulated as an Adult Business. Working Together to Serve Our Community Clerks · Finance · Human Resources · Information Systems · Legal · Planning & Development October 7, 2002 - 2 - L-2002-$0 All Members of Council have received a draft copy of the proposed Licensing By-law. Other than the removal of the Adult Store provisions, together with some minor amendments, the By-law will be presented to Council in substantially the same format as Council Members have already received. Set out below is a summary of the main points: Adult Business means live Adult Entertainment Parlour, Body-Rub Parlour and Adult Store. Adult Store means a store that sells adult video tapes, adult magazines or adult goods or any combination thereof. Live Adult Entertainment Parlours and Body-Rub Parlours will require a licensed operator present at all times during business hours. · All Adult Businesses will have to have their licences posted in a conspicuous place. There are new requirements for any changes and new information with respect to the current licence. Regulations will be imposed for all stores that sell adult video tapes, adult magazines or adult goods, including the display and selling of such products, e.g. variety stores and video rental stores. Adult Stores will be required to prohibit persons under the age of eighteen (18) years from entering the premises and displays in store windows cannot display adult goods. Any new Live Adult Entertainment Parlour or Body-Rub Parlour will have to relocate to the new areas as proposed in the Official Plan and Zoning By-law Amendments, provided that a licence is available. Any existing and licensed AEP and BRP will be permitted to continue at its present location but should its licence be surrendered to the City or revoked, no further licence will be issued at the specific municipal address set out in the By-law. All Adult Businesses will be required to have a sign at the entrance of the premises, stating that the Adult Business is licensed by the City of Niagara Falls. It is recommended that the number of AEP licences (four [4]) and the number of BRP licences (five [5]) remain the same. October 7, 2002 - 3 ~ L-2002-60 When the final drafts of both the Adult Businesses By-law and the stand-alone Adult Store By-law are ready, they will be put on the Council Agenda under By-laws, for consideration and passage. Council is reminded that pursuant to the MunicipalAct, all Licensing By-laws expire five (5) years after their pas~ R.O. Kallio City Solicitor bThe City's AEP By-law, being By-law No. 97-249 expires on December 8, 2002. _Respectfully submitted: / Chief Administrative Officer Approved by: T. Ravenda Executive Director of Corporate Services ROK/sm. PROCLAMATION LIlPIlS FOUNDATION OF ONTARIO 294 RIDGE ROAD NORTH RIDGEWAY, ONTARIO Whereas Lupus is a chronic tiisease that strikes I in I, O00 £anatiians, anti whose symptoms mimic other illnesses. Whereas Lupus is causea by an autoimmune Inflammation that may target any tissue or organ,. incluaing skin, muscles, joints, blooa, lungs, heart, kianeys aha the brain. Whereas there is no cure, we Proclaim; OCTOBER AS LUPUS AWARENESS MONTH To bring public awareness and provitie knowletige to all those seeking assistance with this devastating aisease, aha to raise funas for research centres at Toronto-Western anti McMaster Metiical Facilities. October will be markea across Canatia anti throughout t~e Worlti as: LUPUS AWARENESS MONTH 905-89zt-4611 800-368-8377 LUPUS FOUNDATION OF ONTARIO 294 Ridge Road North Rldgeway, Ontario LOS 1 NO Invites you to Join us Saturday, October 26th 1 .~0 to 4.~0 at our Ridgeway Office to support Lupus Awareness Month & 0ur.25th AnniverSary" ..'~ .i'.i.. Wine, Ch~se & Pl~a ~11. be~.'~. ~{~. ~,.. Annual General Meeting Election of ~tre~om.. ~,: ...... ,, ,,"~ / ::':'~:~" .,~: ., gOS-Sg4-4611 Minister of Citizenship and Immigration Ministre de la Citoyennet6 et de I'lmmigration Ottawa, Canada KIA 1L1 AUG AOUT 5 2002 Dear Sir or Madam: I am pleased to announce that Canada's Citizenship Week will be held October 14-20, 2002. The Week is a time to reflect on what it means to be Canadian and to Celebrate the values that draw us together. Canada's Citizenship Week 2002 will provide an opportunity to reflect on the value of citizenship and immigration and to focus on the privileges, rights, responsibilities and obligations of citizenship. I hope that your municipality will join the celebration by recognizing this important week. We are encouraging municipalities to become involved by passing resolutions proclaiming Canada's Citizenship Week. A sample resolution is included for your reference. You may also want to lead your council in a reaffirmation of Canadian citizenship by reciting the oath of citizenship. A copy of the oath is attached, along with additional information on Citizenship Week. As a municipal official, i am sure you will agree that all citizens should be encouraged to take part in community activities. If you have any questions about Canada's Citizenship Week or citizenship in general, please fax us at (613) 954-2332 or send an e~mail message to welcomehome~cic.gc.ca. You can also obtain more information by visiting the Citizenship and Immigration Canada Web site at www.cic.gc.ca. Enclosures Sincerely, The Hono~rable~~e~ Canad niagara falls public library forty eight fo rty eight victoria avenue niagara falls ontario L2E 4C5 Tel.: 905/356-8080 Fax: 905/356-7004 September 25, 2002 Mayor Thomson and Members of City Council City of Niagara Falls Re: PUBLIC LIBRARY WEEK PROCLAMATION Ontario Public Library Week will be celebrated throughout our province from October 21 to 27, 2002. The Niagara Falls Public Library requests that City Council ~proclaim this week as Ontario Public Library Week in Niagara Falls. This year's theme is "Ontario Public Libraries - It's not just by the book anymore . I have enclosed a sample wording of the proclamation for the consideration of Council and some information for distribution. We invite you and all residents to visit and use the library's informative website www.nfpl.library.on.ca and our three libraries (Chippawa Branch, Stamford Centre Branch and the Victoria Avenue Library). Sincerely, Joe Longo Chief Librarian Niagara Falls Public Library Board niagara falls public library forty eight forty eight victoria avenue niagara falls ontario L2E 4C5 Tel.: 905/356-8080 Fax: 905/356-7004 (masthead of local library) FOR IMMEDIATE RELEASE Ontario Public Libraries: It's Not Just by the Book Anymore! Ontario Public Library Week, October 21-27, 2002 Ontario Public Libraries are looking to the future. If you think public libraries are only about books, you can file that thought under fiction - we're at the forefront of the digital communications age. That's what Ontario Public Library Week 2002 is all about - the commitment of public libraries to ensuring their communities can participate fully in our knowledge-based society. Celebrations begin Monday, October 21 at the London Public Library's Main Branch, when public officials and media representatives kick-off Ontario Public Library Week 2002. Find out how Ontario's Public Libraries are taking the lead in Intemet literacy. Today's young Canadians are the first generation to group up on the Intemet, and we know that parenting the Net generation can be a real challenge. That's why we're ready with practical Web awareness information and resources for parents to use in helping their children be safe, wise and responsible Intemet users. Across Ontario, public libraries have embraced new technology and media to expand their leadership role in making infmmation and all points of view available to everyone. From large urban centres to smaller communities, Ontario's Public Libraries offer a wide selection of collections and services. niagara falls public library forty eight forty eight victoria avenue niagara falls ontario L2E 4C5 Tel,: 905/356-8080 Fax: 905/356-7004 Throughout Ontario Public Library Week, public libraries will showcase traditional and electronic products such as Interact access, CD-ROMs, video tapes and DVDs, as well as Web-based databases including online encyclopedias, directories, indexes and magazine databases. Access to new technologies may vary from library to library, but the approach to innovation is consistent. Ontario's Public Libraries are mindful of their core values to serve everyone regardless of skill or ability to pay. The ~ principle of providing materials of all kinds, on all sides of an issue, has guided public libraries for many years and will serve to sustain their popularity and central role in our society in the future. Ontario Public Library Week is made possible by the generous financial support of Whitehots Inc., as well as the partnership of Bell Canada, the Canadian Library Association and the Media Awareness Network. Celebrate your library--! Wednesday, August 28, 2002 Wayne Thomson, Mayor City Hall 4310 Queen Street Niagara Falls, ON L2E 6X5 Dear Mr. Thomson, I am writing today to request that Niagara Falls proclaim the week of October 21- 27, 2002 to be Talk Sunshine Week. Sunshine Dreams for Kids makes dreams come true for children who are challenged by severe physical disabilities or life- threatening illnesses. Talk Sunshine Week will help us spread awareness of our work and is a part of the celebration of our 15th anniversary as a Canadian charitable organization. Enclosed is a sample proclamation, as well as an information package to help provide you with background information about Sunshine. The package contains a copy of Sunshine Dreams for Kids' multimedia CD, which works in Windows multimedia-enabled computers. You will find plenty of information about Sunshine in the package and on the CD, including profiles of a few of the kids we've helped and of volunteers who have had their lives transformed through their involvement with our organization. Please give me a call if you have any questions about Sunshine Dreams for Kids or about my request. I can be reached at 642-0990, extension 227. I look forward to hearing from your office about proclaiming Talk Sunshine Week. Sincerely, Corinne Marshall National Communications Manager Enclosures HOME OFFICE: 1710 ~ 148 Fullodon Street, London, Ontario N6A 5P3 Phone (519) 642-0990 Fax (519) 642-1201 TOLL FREE 1~800-46t-7935 www.sunshine.ca Charitable Registration Number: 12995 4822 RROOD1 Sunshine Dreams for Kids fulfills dreams for children who are challenged by severe physical disabilities or life-threatening illnesses. Clerk's Office City of Niagara Falls c\o Mr. D Iorfida Mr. Iorfida .1Junior Niagaia Once again this year, as in the past, Optimist Imemational dedicate a week in November and declare it Youth Appreciation Week. The Optimist Club of Niagara Falls are requesting that Council declare the week of Nov.3 to 10 as Youth Appreciation Week in Niagara Falls. We will be celebrating with an awards and dinner on Nov. 5 2002 at our Club located at Morrison and Dorchester. All costs for publication in the Review can be billed to the Niagara Falls Optimist Club at P.O. box 124 Niagara Falls Ontario L2E-6S8. We thank-you for your past consideration and hope this year will be another successful one in Optimism. Your's in Optimism R Wilson ~, Youth Activities Chairman THE OPTIMIST CLUB OF NIAGARA FALLS FrO. Box 124, Niagara Falls, Ontario L2E 6S8 Phone: 905-358-0033 Fax: 905-358-9661 From: Dean Iodida To: Janice Wing Subject: Re: Canada's Federal Electoral Boundaries No problem, Janice. Can you get me a copy of the report from the Region or any other pertinent correspondence. Thanks Dean >>> "Janice Wing" <jwing@niagara.com> 09/27102 07:49AM >>> Hi Dean, As you may recall, I am the City rep on the Region's Joint Committee on Municipal Services. At our meeting last evening, Report CLK 27-2002, dealing with the proposed changes to Canada's Federal Electoral Boundaries, was an agenda item. The consensus of those in attendance was that each of us should ask our Council to take a position on this - ie. in opposition to any reduction in either the Federal or the Provincial legislative representation from the Niagara Region. The Regional Chair will be making a presentation at the upcoming (Nov. 19th) hearing, but it was felt that a stronger case would be made if there was representation from each of the municipalities as well. At the very least, each municipality should pass a resolution of support for the Region's position. The more support is shown for keeping (or increasing!! representation by population, you know) our present compliment of representatives in Ottawa or at Queen's Park, the greater the likelihood of the people of the Niagara Region to retain their existing representation. Since all submissions to the Federal Electoral Boundaries Commission of Ontario must be postmarked no later than Oct. 12th, I am requesting that this matter be placed on the next Council meeting (Oct. 7th) agenda. Thank you for your anticipated cooperation. janice CC: pam.gilroy@regional.niagara.on.ca NIAGARA OFFICE OF THE REGIONAL CLERK The Regionai Municipality of Niagara 2201 St. David's Road W,, P.O, Box 1042 Thomld, Ontario L2V 4T7 Telephone: (905) 685-1571 Fax: (905) 685-6243 Fax Transmittal To: Dean Iorfida, City Clerk Fax: 905-356-9083 City of Niagara Falls From: Office of Regional Clerk Date: October 1,2002 Re: CHANGE TO FEDERAL'ELECTORAL Pages: 7 BOUNDARIES CC: [] Urgent [3 For Review [3 Please Comment [] Please Reply [] Please Recycle Hi Dean As per your request, attached are the following: Report CLK 27-2002, Canada's Federal Electoral Boundaries a~e Changing An Excerpt from the Regional Council meeting of September 19 A newspaper article on this subject As you know this was diseased at the Joint Committee on Municipal Services meeting last Thursday evening. I can add that the Regional Chair's EA has requested an appointment for her to address the hearings. Also, we have acquired a copy0fthe. MP's propo'sal and this was distributed to Regional Council for its consideration on Thursday, October 3. Let me know if we can assist further. Thanks. Pam Gilroy Deputy Clerk (Ext. 3226) CLK 27-2002 September 11,200.2 Raglan~l NIAGARA // THE REGIONAL MUNICIPALITY OF NIAGARA REPORT TO: Chair and Members of the, Corporate and Financial Services Committee SUBJECT: Canada's Federal Electoral Boundaries are Changing RECOMMENDATION That this Committee recommend to Regional Council: That Report CLK 27-2002, dated September 11,2002 be received for consideration. PURPOSE This report advises that the Federal Electoral Boundaries Commission of Ontario proposes to adjust electoral boundaries for federal elections. This proposal impacts on voters of Regional Niagara. The report outlines the process for making a submission to .the Commission. BACKGROUND Federal legislation requires that the representation assigned to each province in the House of Commons be adjusted after each 10-year census, and develops proposals to address demographic changes since the last census. The current proposals address popu!ation shifts that have occurred between 1991 and 2001. ' REPORT Following a national census, the Chief Electoral Officer of Canada provides each provincial commission with population data from the census (in this case the 2001 census) and the "electoral quota" for its province. CLK 27-2002 September 11,2002 Ontario's population is 11,410,046. Ontario is allocated 106 seats in the federal House of Commons. Ontario's "electoral quota" (average population in each electoral district) is 107,642. The Ontario Commission's assignment is to draw electoral boundaries so the population in each is as close as possible to 107,642. tn completing its Work, the Ontario Commission proposes that the politiCal boundaries of Regional Niagara be encompassed in four (4) federal ridings: Hamilton Lincoln Welland St. Catharines - Niagara-on-the-Lake Niagara - Fort Ede This would mean a reduction from the current five (5) federal ddings: Stoney Creek Niagara Centre St. Catharines Niagara Falls/Niagara-on-the-Lake/Thorold Erie Lincoln Members of COuncil should note that, pursuant to the provisions of the Representation Act, 1996, the number, names and boundaries of Ontario's electoral districts will be identical to the federal ones. Therefore, this prOposed adjustment will also reduce the number of MPP's who represent Niagara from 5 to 4. The law does pein'tit the Commission to deviate from the strict numerical formula "...to respect the historical pattern of an electoral district, to preserve the unity of individuals with a common interest or to ensure a manageable geographic size. The Federal Electoral Boundaries Commission for Ontado will hold public headngs on proposed boundaries. Submissions may be made in either official language, orally or in writing. Submissions may also be submitted electronically. If you wish to appear at a public headng, notice must be sent electronically via an on-line form at www.elections.ca, or by wdting to: Mr. Will Fripp, Secretary Federal Electoral Boundaries Commission of Ontario 1210- 150 York Street Toronto, ON M5H 3S5 CLK 27-2OO2 September 11,2002 Public Hearings are scheduled at 16 Ontado centres, including: Ramilton -Monday, November 18, 2002 St. Catharines- Tuesday, November 19, 2002 This change in dding boundaries reduces Regional Niagara's representation in the House of Commons and in the Provincial Legislature. Committee may wish to prepare a submission to the Commission. All submissions must be postmarked no later than October 12, 2002. 'SUMMARY Changes to riding boundaries at both the federal and provincial level will reduce the number of Niagara's representatives from 5 to 4 at both levels, if recommendations of the Electoral Boundaries Commission of Ontario are adopted, The deadline for public input is October 12, 2002. Details of the submission process re included in the report. Submitted by: Approved by: Thomas R. Hollick Regional Clerk Chief Administrative Officer CL :4-ZOC' ~ September 19, 2002 CORPORATE AND FINANCIAL SERVICES COMMITTEF 317. Report 18-2002 Moved by Councillor Martin Seconded by Councillor Saracino That Report 18-2002, being the minutes of the Corporate and Financial Services Committee meeting of Wednesday, September 11, 2002, be approved and adopted. Moved by Councillor Martin Seconded by Councillor Collins That minute item 190, respecting Report CLK 27-2002, Canada's Federal Electoral Boundaries Are Changing, be lifted and dealt with separately by this Council at this time. Carried. Moved by Councillor Hildreth Seconded by Councillor Collins That the Regional Municipality of Niagara express its concems to the Federal Electoral Boundaries Commission with .respect to the proposal to' reduce parliamentary representation for the Region and that the Regional Chair stress this position in her presentation before the Commission; and That additional information respecting the Niagara MPs' boundary proposal be brought forward to the Council meeting of October 3, 2002. Carried. · Moved by Councillor Trombetta Seconded by Councillor Eke' That minute item 193, Report CSD 106-2002/DPD 105-2002, respecting An Initial Review of Assessment Pooling, be lifted and dealt with separately by this Council at this time. Carried. CL198 September.! 9. 20C"Z CHIEF ADMINISTRATIVE OFFICER'S REPORT 324. Reshapin,q the Council of Reqional Niaqara 325, 326. 327. 328. 329. Moved by Councillor Muir Seconded by Councillor Collins That the report titled Reshaping the Council of Regional Niagara be received and that this Council meet in Committee of the Whole on Thursday, October 3, 2002 to discuss the report and examine the approaches available to move'through the decision-making process. Carried. OTHER BUSINESS Glenridqe Road Work Councillor Rigby inquired to when the roadwork is scheduled to begin on Glenridge Avenue. The Commissioner of Public Works advised that construction is scheduled to begin in the latter part of October 2002. Councillor Rigby also expressed his concerns regarding next year's project for this Road and was advised that the tender will go out as soon as the budget is approved. Grape and Wine Festival Councillor Rigby advised that the Grape and Wine Festival has begun and invited all members and residents to participate in the. many events. He apprised Council of a special couple that will be participating in the Grande Parade. The couple were survivors of the september 11th terrorist attack in New York. Walk for Aid's Councillor Forster apprised Council and residents of the'Walk for Aids to be held on Sunday, September 29I" .at Merritt Island; the Food 'Fest to be held on September 28th and 29~"; and the Mayor's 2nd Annual Chari(y Dinner and Dance to be held on Friday, September 20~ with proceeds to go to the Homeless Shelter. Guidelines for Presentations Councillor Bailey inquired as to the guidelines for making presentations at Council. The Chair advised that other' than the guidelines with respect to the length and notification of the presentation, there are no restrictions to someone __ wanting to make a presentation before Council, as it is a democratic process. Electoral Boundaries Councillor Andreychuk asked that the MPs' proposal regarding the proposed changes in electoral bounCaries, be circulated to att members of Council. NIAGARA ADVANCE SEPTEMBER 21, 2002 PAGE 4 Plan to reduce Niagara MPs calls for opposition A 11 Niagara' region residents should be /_.~ concerae.d about the changes to fedor- a. .~.al ridings that are being proposed by Elections Canada. To accommodate changing population accord- ing to the most ~recent census, the federal elco-. roi'al boundaries commission has reconflguFed the four Niagara ridings, taking a chu~lk of the west end of the peninsula--rural, small-town Niagara--and lumping it with Hamilton. Niagara would be'reduced to. three ridings, sad Niagara-on-the-Lake would become part. of a St. Catharines riding, as it was not that long ago for proviacial purposes, and would be iigain. If the proposal is accepted, the change would be mirrored by provincial ridings, sad Niagara would lose a provinoia~ representative as well. All four of the Niagara MPs are opposed to the plan, as they should be. · Regardless of. politics, residents should send a clear message that the proposed bosadaries do 'not serve the needs of the Niagara peninsula. It happens at this point that the four MPs are Liberals, but whichever party they represent, they take Niagara issues to .Ottawa. The time may come, although it is difficult' to foresee how. when .our MPs could be Conservatives. Whatever their party, reducing their number does us all a disservice, as does the clear lack of understanding of communities of intercs( as indicated by the proposal. Grimsby and West Lincoln are 'typical Niagara communities, and have less in common with urban Hamilton thmi with the ~est of the penin- sula. Niagara-on-the-Lake has more 'obvious. simi- larities with tourism-depeodeht Niagara Falls than with St. Catharines. We must support our MP in opposition {o the proposed boundary change. It isn't about poli- tics', it's about representation, and it will hurt us all. Reg~onal NIAGARA THE REGIONAL MUNICIPALITY OF NIAGARA MEMORANDUM DATE: TO: September 27, 2002 Chair and Members of Regional Council FROM: SUBJECT: Thomas R. Hollick Regional Clerk M.P,s Riding Redistribution Proposal Following discussion of the proposed changes to electoral boundaries at' the Council meeting of September 19, 2002, it was recommended that further information regarding this matter be brought forward to the next Council meeting on October 3, 2002. Members also requested a copy of the proposal prepared by the local M.P.s regarding this matter. Attached, for your information, is the document prepared by Walt Lastewka, which summarizes the M.P.s discussion to date on riding distribution. Please bring this document for reference to the Council meeting on October 3rd. Thomas R. Hollick Regional Clerk cc: Commissioners SEP-25-2002 lB: 50 I~ALT LASTEklKA M.P. P. 0:~/07 Proposal: Ridin~ of St. Catharine~ (u~ban) present riding (103,678) plus Oakdalc area (2,095), plus West St. Catharines (9,171). This achieves goal of one Member of Parliament should serve a large part of St. Cathafines. Total population is 1'114.944). Ridinv of Niagara Fall.~: * Niagara Falls (78,815) N.O.T.L (13,840) and South St. Catharincs (14, 226) for a total of (106~881). Niagara Falls amt Niagara-on-the. Lakc are border communities and have similar commullity interests especially tom-ism and identity. Adding South St. Catharines to the City of Niagara Falls (78,815) is much more compatible than a fie with Port Colbome (18,405) or Wainfleet (6,062) or even Welland (48,405). These two Members of Parliament would have the two largest cities plus Niagara-on-the-Lake as their constituents. Total population is 106,881. Niagara South Ridin? (urban/rural) Welland (48,405) Fort Erie (28,140), Port Colbome (18,450) and Wain.tleet (6,260) have similar community interests. Total populalion is 101~25S. The creation ofa u aI~_R.c~L_R$.~[~ with the communities of Thorold (18,045), Gfimsby (21,295), l~involn.(20,610), West Lincoln (12,265), and Pelham (15,275). This area is the highest growth area in Niagara at 6.5% and would have a rural population of 87~4.90 (Note: uppar quotient is (134,453) and lower quotient is (80,732). SEP-25-2082 1~: 58 WALT LASTEI~A M.P. P. If we take into consideration thc proposcd populations of all thc ridings, as abovc, and revised Nia~ra to have (1) urban, (2) urban/nual and (I) rural r/a~g and one less riding in the Regions of Pe¢l/}talton as proposed by the cornm;ssion, the following could be proposed: Hamilton Region as proposed less Lincoln/Niagara = 496,157 Halton Region as proposed = 477,294 Peel Region as proposed = 988,948 TOTAL = 1.922,39~, Using 17' ridings, average popttlation 113,082 * (21 in total less k~eping (4) in Niagara) SEP-~5-~81B2 16:51 WALT L~STEWI<A M.P. P. 07/0? 1) 2) DRABT Region: Defend to save 1 rialng for Niagara. Using thc rural/agricultural emphasis Niagara average per riding is much higher than City of Toronto, Peel, Halton and Hsmillo~l Cities Defmad to have 1 M.P. represen! a larger par~ of the city not another community Promote clearer boundaries - RR, Highway 406, 12 Mile Creek Soufl~ St. Catharines better to be Hnked with Niagara Falls not Welland, Wainfleet, Port Colbome Niaeara-on-the-Lvke Better link with Niagara Falls Pelham - Have no link with Hamilton - better to remain with Niagara R~gion Lincoln - Have no llnk with Hamilton - bet~r to remaiu with Niagara Region W~t Lincohi - Have no llnk with Hamilton - better to remain with Niagara Region Grimsb¥ - Have no link with Hamilton - bcttcr to mnain with Niagara Region 3) Use Niagara Health System, Boards of Education, media centers, etc. Must tbink of many areas of linkage 4) Register as many presenters as poss/bl¢ prior to October 12, 2002 $) Should have overall meaing in advance to plan an attack for Electoral Commission proceedings Nov. 19th, 2002 TOTAL P.0? 0~ 0 I I I ! I I I ! The City of Niagara Falls, Ontario No. Moved by Alderman Seconded by Alderman Council Chambers October 7, 2002 WHEREAS after each census, Federal legislation requires that representation assigned to each province in the House of Commons be adjusted; and WHEREAS Ontario is currently allocated 106 seats in the House of Commons; and WHEREAS the Federal Electoral Boundaries Commission of Ontario is proposing an adjustment to the electoral boundaries which would decrease representation in Niagara fi:om five (5) members to four (4); and WHEREAS a new, proposed electoral boundary would combine Niagara Falls and Fort Erie into one riding; and WHEREAS the Provincial Representation Act, 1996 stipulates that Provincial electoral boundaries will be identical to Federal ones; and WHEREAS the Federal Electoral Boundaries Commission does have the discretion to deviate fi:om its' numerical formula to reflect historical patterns of electoral districts, amongst other criteria. THEREFORE BE IT RESOLVED that Niagara Falls City Council opposes the reduction of ridings in the Niagara Region fi:om five (5) to four (4); and FURTHER BE IT RESOLVED that Niagara Falls City Council urges the Federal Electoral Boundaries Commission of Ontario to consider maintaining the most recent electoral ridings. AND The Seal of the Corporation be hereto affixed. DEAN IORFIDA WAYNE THOMSON CITY CLERK MAYOR Community Services Department _ ,--:,~. _, ~& , Municipal Works Th= ~...liy ~i 431 ~'~1~. 0 Queen Street Niogora____...F(]lls ~l~l~P O Box 1023 Cana~Q ~~Niagara Falls, ON L2E6X5 ~'1-~ web site: www.city.niagarafalls.on.ca Tel.: (905) 356-7521 Fax: (905) 356-2354 E-mail: edujlovi@city.niagarafalls.on.ca MW-2002-127 Ed DuJlovic Director October 7, 2002 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: MW-2002-127 Contract 2002-117-02 2002 New Sidewalk Construction RECOMMENDATION: It is recommended that the unit prices submitted by the Iow tenderer, Alfidome Construction Ltd., be accepted. BACKGROUND: The Tender Opening Committee, in the presence of the City Clerk, Mr. Dean Iorfida, opened tenders on Wednesday, October 2, 2002 at 1:30 p.m. for the above noted contract. Tenders were picked up by four (4) Contractors and three (3) bids were received. Listed below is a summary of the totaled tendered prices, excluding GST, received from the three (3) Contractors. 1. Alfidome Construction Ltd. 2. Steed & Evans Ltd. 3. Sacco Construction Ltd. (Niagara Falls) (Niagara Falls) (Niagara Falls) $118,831.00 $128,368.20 $135,778.00 The lowest tender was received from Alfidome Constru~ion Ltd. In the amount of $118,831.00. Working Together to Serve Our Community Municipal Works · Fire Services · Parks, Recreation & Culture · Business Development · Building & By-Law Services October 7, 2002 - 2 - MW-2002-127 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 $115,000.00. Project Costs: Awarded Contract Net GST 3% $118,831.00 $ 3,564.93 TOTAL $122,395.93 Funding: 2002 Capital Construction Program Developer Cost TOTAL $109,795.93 $ 12,600.00 $122,395.93 The streets that are included in this contract are as follows: Lundy's Lane from Kalar Road to 113 meters east (Tim Hortons) Rysdale Street from Beaverdams Road to Montrose Road Kalar Road from McGarry Drive to south side of Lot 6 (Developer Cost) Gunning Drive from Willoughby Drive to Oliver Street (Provisional) At the time of writing this report, no objections were received from the residents/businesses on Lundy's Lane, Rysdale Street or Kalar Road. A Public Meeting was held with the residents, school and parents of children attending the school to discuss concerns and alternatives. A report will be presented to City Council at their meeting on October 21,2002. Both Gunning Drive and Kalar Road are subject to receiving final approval, prior to commencing any work. This project is scheduled to commence on October 21, 2002 to complete all work within 25 working days. October 7, 2002 - 3 - MW-2002-127 Council's concurrence with the recommendation made would be appreciated. Prepared by: Frank Higgins, C.E.T. Project Manager Respectfully submitted: ~dministrative Officer Approved by: Ed Dujlovic, P.Eng. Director of Municipal Works S:~I~EPORTSX2002 Repor~a~tW2002-127 n~w sidewa~ conatructlon.wpd Community Services Department T .... ,,~,~ . Municipal Works ne ~lTy of ~1~, 4310 Queen Street Niogoro____...Folls ~J~l~P o Box 1023 CQnQ~o ~~Niagara Falls, ON L2E 6X5 T'~ web site: www.city.niagarafalls.on.ca Tel.: (905) 356-7521 Fax: (905) 356-2354 E-mail: edujlovi@city.niagarafalls.on.ca MW-2002-128 Ed Dujlovic Director October 7, 2002 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: MW-2002-128 Contract 2002-123-02 Ash Street Storm Sewer Construction From Franklin Avenue to Drummond Road RECOMMENDATION: It is recommended that the unit prices submitted by the Iow .tenderer, Alfred Beam Excavating Ltd., be accepted. BACKGROUND: The Tender Opening Committee, in the presence of the City Clerk, Mr. Dean Iorfida, opened tenders on Wednesday, October 2, 2002 at 1:30 p.m. for the above noted contract. Tender documents were picked up by eleven (11) Contractors and nine (9) bids were received. Listed below is a summary of the totaled tendered prices, excluding GST, received from the nine (9) Contractors, together with the corrected bids*. 1. Alfred Beam Excavating Ltd. (Fort Erie) *$268,718.00 ($268,708.00) 2. Alfidome Construction Ltd. (Niagara Falls) $279,360.00 Working Together to Serve Our Community Municipal Works · Fire Services · Parks, Recreation & Culture · Business Development · Building & By-Law Services October 7, 2002 3. Nexterra Inc. 4. Demar Construction 5. DeRose Bros. General Contracting 6. O'Hara Trucking & Excavating Inc. 7. Fine Grade Construction 8. Centennial Construction & General Construction Inc. 9. Peninsula Construction Inc. -2- (Niagara Falls) *$280,752.10 (Niagara Falls) *$280,809.00 MW-2002.128 ($280,746.10) ($281,189.00) (Thorold) $296,327.61 (St. Catharines) $299,127.00 (Niagara Falls) $299,332.50 (Niagara Falls) $301,145.00 (Fonthill) *$304,849.82 ($304,902.38) The lowest tender was received from Alfred Beam Excavating Ltd. in the amount of $268,718.00. This Contractor has previously performed similar type projects for the City. We are therefore, of the opinion, that this Contractor is capable of successfully undertaking this project. Financing: The Engineer's estimate for this contract was $240,000.00. Projects Costs: Awarded Costs Net GST 3% $268,718.00 $ 8,061.54 Total $276,779.54 Funding: 2002 Capital Construction Program 2003 Capital Construction Program $200,000.00 $ 80,000.00 Total $280,000.00 This project is scheduled to commence on October 21,2002, and all work to be completed within 30 working days. October 7, 2002 ~ 3 - Council's concurrence with the recommendation would be appreciated. MW-2002.128 Prepared by: Frank Higgins, C.E.T. Project Manager Respectfully submitted: (/Jhn MJohn MacDonald Chief Adm~mstrat~ve Officer Ed Dujlovic, P.Eng. Director of Municipal Works Community Services Department T .... ~- . Municipal Works ne L.~W of ..... i~J~. 4310 Queen Street r,,llagara~~ '. "I-al,s lj~l~.p o Box 1023 CanaQQ ~~Niagara Falls, ON L2E6X5 ~-"~='"-"~'-r' web site: www.city.niagarafalls.on.ca Tel.: (905) 356-7521 Fax: (905) 356-2354 E-mail: edujlovi@city, niagarafalls.on.ca MW-2002-129 Ed Dujlovic Director October 7, 2002 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: MW-2002-129 -Appointment of Consulting Engineer for the Design of the Murray Hill Pedestrian Bridge RECOMMENDATION: That the City of Niagara Falls enters into a consulting services agreement with Totten Sims Hubicki Associates for the design of the pedestrian bridge over Murray Street; subject to funding being provided by the Skylon Tower and Falls Management Company. BACKGROUND: As Council may be aware, the Falls Management Company and Skylon Tower are constructing a pedestrian bridge across Murray Street. This bridge will be used to link both properties and the escarpment trail. The two companies have approached the City to facilitate the design by hiring the consultant. Falls Management and the Skylon Tower will pay all the costs associated with the design and construction. The City's share will be providing staff time and expertise in facilitating this work. In addition, this will give the City an opportunity to ensure that the proposed bridge will compliment the Streetscape Master Plan. Four consultants were invited to submit a proposal for this work. Upon review of the proposals, both the Falls Management Company and the Skylon Tower have agreed that Totten Sims Hubicki Associates have submitted a proposal which best suits their needs. Therefore, they have requested that the City enter into the agreement for the design of the pedestrian bridge. VForking Together to Serve Our Community Municipal Works · Fire Services · Padfs, Recreation & Culture · Business Development · Building & By-Law Services October 7, 2002 - 2 - MW.2002.129 Council's concurrence with the recommendation would be appreciated. Prepared/by~. Darrell Smith, l~Eng. Executive Secretary Respectfully submitted: Ed Dujlovic, P.Eng. Director of Municipal Works The City of Niagara FallsI Canada Community Services Department Municipal Works 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site:www.city.niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905) 356-2354 E-mail: munwks@city.niagarafalls.on.ca MW-2002-130 Ed Dujlovic, P. Eng. Director October 7, 2002 His Worship Mayor Wayne Thomson, and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: MW-2002-130 Ontarians with Disabilities Act Amendments to By-laws and Set Fine RECOMMENDATIONS: It is recommended that: 1) The set fine for persons with disabilities, as legislated in the Ontarians with Disabilities Act, be increased to $300.00; 2) Schedule 'B' of By-Law No. 94-262, be amended, to include atab stating "$300.00 Fine"; 3) Owners/operators required to provide disabled parking spaces be required to display the new fine tab within three months of the set fine being approved by the Attorney General; 4) Staff conducts an "awareness campaign" through the newspaper and other advertising mediums informing the public of the increase in the fines for disabled parking spaces and the new requirements under the by-law; 5) Staff continues to sell the disabled parking signs and the new tabs at cost to the public; and 6) Council amends By-Law No. 94-262 to ensure that off-street designated parking spaces on municipal or private property for persons with disabilities have a minimum width of 3.9 metres. Working Together to Serve Our Community Municipal Works · Fire Services · Parks, Recreation & Culture · Business Development · Building & By-Law Services October 7, 2002 -2- MW-2002-130 BACKGROUND: On September 30, 2002, the Ontarians with Disabilities Act legislation came into effect requiring municipalities to amend their by-laws to provide for a minimum fine of $300.00 for parking in a disabled parking space. Previously, Council approved the recommendation of the Disability Advisory Committee in March 1998 that fines for improper parking in disabled spaces be increased from $75.00 to $150.00, which became effective in January 1999. As the new set fine structure must be approved by the Ministry of the Attorney General's Office, which can take anywhere from six weeks to six months, staff is suggesting that an advertising campaign be implemented to inform the public of the new f'me structure once approved. As well, as shown on the attached Schedule 'B' of By-law No. 94-262, Staffis recommending that all current owners/operators required to provide signed disabled parking spaces, also be required to display the tab illustrating "$300.00 Fine." In addition, as recommended by the Accessibility Directorate, increase the minimum width of disabled parking spaces to 3.9 meters. Currently, By-law No. 94-262, requires a minimum width of 3.65 metres. Council's concurrence with the recommendations outlined in this report would be appreciated. ,rf Karl Dren, C.E.T. Manager of Traffic & Parking Services Director of Municipal Works R~pectfully Submitted by: .t ~,/ Chief Administrative Officer Sue Wheeler S:\TRAFFIC~REPORT S~2002x2002 Council\MW-2002-130.wpd File G- 180-21 SCHEDULE 'B' SIGN SPECIFICATIONS No Parking Symbol' Disabled Symbol · BLACK LETTER "P", LEGEND, AND BORDER 2 cm RED REFL. ANNULAR BAND 1.5 cm RED REFL. INTERDICTORY STROKE WHITE REFL. BACKGROUND BLUE REFL BACKGROUND WHITE REFL. SYMBOL AND BORDER BY PERMIT ONLY (30x60) cm (30x15) cm 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.: Fax: E-mail: (905) 356-7521 (905) 356-7404 planning@city, niagarafalls.on.ca PD-2002.95 Doug Darbyson Director October 7, 2002 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD-2002-95, Appeal of Council's Refusal to Adopt the Requested Official Plan Amendment AM-32/2000, 5840 Dunn Street Michael Colaneri & Tara Colaneri RECOMMENDATION: It is recommended that Council reaffirm, by resolution, the refusal to adopt the requested official plan amendment which would facilitate the construction of a 5-storey, 27-unit apartment building at 5840 Dunn Street. BACKGROUND: On October 16, 2000, Council approved, in principle, an application to amend the City's Official Plan and Zoning By-law 79-200 for the land known as 5840 Duma Street. The amendments were requested to permit the construction of a 5-storey, 27-unit conventional apartment building, suitable for all ages, with surface and underground parking. The development represented a three-fold increase in density over the current zoning. On December 11, 2000, the amending documents were presented to Council for adoption. At the meeting, Ms. Dawn Damiano, the chairperson of the area's Residents Committee, expressed opposition to the project which resulted in the matter being deferred. During the past eighteen months, several revised proposals with fewer storeys and dwelling units have been presented to the neighbourhood culminating in the most recent proposal being a 4-storey, 16-unit apartment building. This most recent proposal did not require an official plan amendment. Staff held two neighbourhood meetings in an attempt to seek consensus on the matter, to no avail. At the request of the applicants, the amending by-law to implement the revised project was presented to Council on June 17, 2002 and July 15, 2002. On both dates, Council refused to pass it. Working Together to Serve Our Community Clerks · Finance · Human Resources , Information Systems · Legal · Planning & Development October 7, 2002 - 2 - PD-2002-95 The applicant has appealed the zoning application directly to the Ontario Municipal Board (OMB). The City has now received an appeal to the OMB regarding Council's refusal to adopt the official plan amendment (OPA) which was approved in principle in 2000 to permit the development of the original 5-storey, 27-unit apartment building. The applicant's reasons for the appeal are summarized below: · the development represents good land use planning; the development is compatible with the surrounding area in terms of height, mass and density; the surrounding area is a district in transition from low density residential to a multitude of other uses; · the proposal is desirable for the appropriate use and development of the lands; and · the development represents good planning and is in the public interest. The City is required by thc Planning Act to forward the appeal of the OPA to the OMB within 15 days after the notice is received. The Board requires Council's position to be submitted with the appeal. Because the appeal had to be forwarded to the OMB before Council considered this matter, this report and the related resolution will be sent separately to the OMB. CONCLUSION: A resolution of Council to reaffim~ its refusal to adopt the requested official plan amendment is required and is included in tonight's agenda. Prepared by: Ken Mech Manager of Current Planning Respect fullytsubmi, tt~: John MacDonald Chief Administrative Officer Recommended by: Director of Planning & Development Approved by: T. Ravenda Executive Director of Corporate Services S:hnDR~002~PD2002-95 AM32-2000 Colancri Appeal.wpd The City of Niagara Falls, Ontario No. Moved by Alderman Seconded by Alderman Council Chambers October 7, 2002 BE IT RESOLVED THAT the Council of the Corporation of the City of Niagara Falls reaffirms its refusal to adopt the requested amendment to the Official Plan to permit the construction of a 5- storey, 27 unit apartment building on the land located at 5840 Dunn Street. AND The Seal of the Corporation be hereto affixed. DEAN IORFIDA WAYNE THOMSON CITY CLERK MAYOR