2002/11/04REGULAR MEETING
November 4, 2002
PRAYER: Alderman Shirley Fisher
0 CANADA: Rob Dalgleish, a 9 year old student from Mary Ward School
will sing the National Anthem.
ADOPTION OF MINUTES: Planning/Regular Meeting of October 21st, 2002.
DISCLOSURES OF PECUNIARY INTEREST
Disclosures of pecuniary interest and a brief explanation thereof will be made for the
current Council Meeting at this time.
PRESENTATIONS
Ken Moore, Niagara Falls Firefighter and Rob Capitano, of the City's Building
Department will be recognized for their efforts in liaising with officials from New York City
post-September 11th.
UNFINISHED BUSINESS
Consultant's Reports. Dealing with Live Adult Entertainment Pariours; Body-Rub
Parlours and Adult Stores.
Mr. David Butler, Butler Group Consultants Inc. will address Council on the matter.
-2-
- AND -
*Correspondence from Jeff Morgan, Main & Ferry B.I.A.
*Correspondence from Len J. Cade, Lundy's Lane B.I.A.
Corres )ondence from Skip Eskildsen, Lilly 'n' Lace Lingerie
Corres
Corms
Corms
Corms
Corres
Corres
Corms.
Corms
Corms
Corms
Corms
Corms
Corres
)ondence from
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the Downtown Niagara Falls Board of Management
the Stanley Avenue Business Park Association
the Chamber of Commerce of Niagara Falls
Regional Niagara, Planning and Development Department
Marine Clean Limited
Ground Aerial Maintenance Services Ltd.
Factor Forms Niagara Ltd.
David A. Crowe, Solicitor, Concord Hotel & Sam's Montrose Hotel
Mancuso Chemicals Limited
from Walker Diggon Construction Limited
from Ameri-Cana Resort & Conference Centre
from John A. Crossingham, Solicitor, Hotel Europa
from Star Warning Systems & Strobe
*Note: these are new correspondences. The other items were part of the information from
the October 7th meeting.
- AND -
Report L-2002-60 -Chief Administrative Officer- Re: Adult Businesses By-Law.
- AND - -
The following individuals addressed Council at the October 7th meeting:
Mr. Joseph Irving, Solicitor, Adult Entertainment Association of Canada;
Ms. Nadine Karachi;
Mr. David Crowe, Solicitor, Concord Hotel and Sam's Montrose Hotel;
Mr. Dave Allan, Stanley Avenue Business Park Association;
Mr. Skip Eskildsen, Lilly "n" Lace Lingerie
The following individuals have requested to speak at this meeting: · =..
Ms. Carolyn Bones, President or Mr. John Kernahan, Chairman, Chamber of Commerce
Ms. Bernadette Secco ~' ~
MAYOR'S REPORTS, ANNOUNCEMENTS, REMARKS
COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
City of St. Catharines. Re: Proclamation. requesting that Counc# proclaim
November 8, 2002 as "World Town Planning Day".
RECOMMENDATION: That the request be supported.
Memorandum from City Clerk - Re: Request of Wayne Gates
RECOMMENDATION: For the consideration of Council.
Additional Items for Council Consideration:
The City Clerk will advise of any further items for Council consideration.
'REPORTS
RA TIFICA TION OF CORPORATE SERVICES COMMITTEE ACTIONS
(Alderman Campbell, Chair)
COMMUNITY SERVICES MA TTERS
1. Chief Administrative Officer
MW-2002-141, .Award of Tender #16-
2002; Supply of Services. for Snowplowing
of Parking Lots & Tender#17-2002 Supply
of Services for Sanding & Salting of
Parking Lots.
PARKS, RECREATION & CULTURE MATTERS
Chairperson, Arts & Culture
Commission
R-2002-65, Council, Pubfic Art Policy.
MISCELLANEOUS MA TTERS
Chief Administrative Officer
Chief Administrative Officer
L-2002-67, Animal Population Committee;
File No. 1990-93.
L-2002-62, Establishment of a Public
Highway; Part 5 on 59R-11847 as Part of
Kalar Road.
-4-
Chief Administrative Officer
L-2002-69, Application to amer~d the
register to clear cloud on title 5306 Victoria
Avenue.
Chief Administrative Officer
L-2002-70, Establishment of Public
Highway; Part 4 on 59R-11645 and Part 4
on 59R-9170 to become part of Buttrey
Street.
Chief Administrative Officer
L-2002-71, Estabfishment of Public
Highways, Parts 3 & 4 on 59R-11749 to
become part of Weaver Road and Ort
Road Road.
Chief Administrative OffiCer
L-2002-72, EStablishment of Public
Highways, Parts 1,2, 3 and 4 on 59R-
11876, to become part of Centre Street
and McGrail Avenue.
The City Clerk will advise of any additional by-laws or amendments to the by-
laws listed for Council consideration.
BY-LAWS
2002-191 To establish Part 5 on Reference Plan 59R-11847, as a Public highway, to be
known as and to form part of Kalar Road.
2002-192
To establish Part 4 on Reference Plan 59R-11645, as a public highway, to be
known as and to form part of Buttrey Street.
2002-193
2002-f94
To establish Part 3 & 4 on Reference Plan 59R-11749, as a public highway,
to be known as and to form part of WeaVer Road and Orr ROad..
To establish Parts 1,2, 3 & 4 on Reference Plan '59R, 11876, as a public
highway, to be known as and to form part of Centre Street and McGrail
Avenue.
2002-195
To authorize a Transfer/Deed of Land from The Corporation of the City of
Niagara Falls to The Corporation of the City of Niagara Falls for part of
Township Lot 132.
-5-
2002-196
2002-197
2002-198
2002-199
2002-200
2002-201
2002-202
2002-203
2002-204
To provide for the adoption of an amendment to the City of Niagara Falls
Official Plan.
To provide for the licensing, regulating, governing, classifying and inspecting
of body-rub par/ours and a certain class of adult entertainment par/ours.
To provide for the licensing, regulating, governing, classifying and inspecting
of certain classes of stores & businesses engaged in the provision of adult
videotapes, adult magazines and adult goods
To amend By-law No. 79-200, being the Zoning By-law to provide for adult
stores as a permitted use in the City of Niagara Falls.
To amend By-law No. 395, 1966, and provide for adult entertainment par/ours
and body-rub par/ours as permitted uses in the former Township of
Willoughby, now in the City of Niagara Falls.
To amend By-law No. 79-200, and to provide for adult entertainment parlours
and body-rub padours as permitted uses in the City of Niagara Falls.
(HANDOUT) To amend By-/aw No.
5200 Robinson Street)
79-200, as amended. (Re: AM-24/2001,
"To authorize monies for Genera/Purposes (November 4/2002)
To adopt, ratify and confirm the actions of City Council at its meeting held on
November 4, 2002.
NEW BUSINESS
~ ~canned
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 5 2002
PLANNING
& DEVELOPMENT
I THE BUTLER GROUP CONSULTANTS INC.
J~ Land Planning Services
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-rub 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 Butler 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 Ha~etton Avenue, Suite 300
Toronto, Ontar/o M5R 2E1
416.926.8796 Fax 416.926.0045
E-mail dab~bu tlerconsultants.com I
Final Report - ,4dult 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 parlours 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-
conforming 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-conforming 'live' adult entertainment parlours.
The Official Plan should be clarified in this regard as it pertains to the expansion of legal
non-conforming '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 future sensitive uses.
A 200m 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 - ,4dult 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 I 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 flee-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 from 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.
entertainment parlours and body-mb parlours,
· Final Report - Adult 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. fr.),
· 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 - A&dt Entertainment and Body-Rub Parlours The Butler Group and Keir Corp.
3)
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.
4)
The existing 'live' adult entertainment parlours are located in close proximity to
existing sensitive uses or future 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.
5)
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-conforming 'live'
adult entertainment parlours should be permitted and no additional body-mb
parlours should be permitted in this location.
6)
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.
City of Niagara Falls
Adult Entertainment &
Body Rub Parlour Study
Map A - Candidate Areas
~00 0 500 1000 Metef~
By-law 79-200 Designations
Legend
TOURIST COMMERCIAL HOLDING ZONE
TOURIST COMMERCIAL ZONE
TRANSPORTATION-DISTRIBUTION INDUSTRIAL ZONE
PRESTIGE INDUSTRIAL ZONE
GENERAL INDUSTRIAL ZONE
HEAVY INDUSTRIAL ZONE
LIGHT INDUSTRIAL ZONE
Ptanning & Development
s:~zontng~3odynJb~AE P.apr
City of Niagara Falls
Adult Entertainment &
Body Rub Parlour Study
Map B - Sensitive Areas
N
Scale: 1:85,000
500 0 500 1000 Metem
Legend
I INSTITUTIONAL~ZONES I SCHOOLS, DAYCARES, CHILDREN'S MUSEUM
I PARKS AND OPEN SPACES I RESIDENTIAL CARE FACILITIES, YOUTH HOMES
I COMMUNITY CENTRES Planning & Developmen~
s:~zoningtbodyrub~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)
N
Scale: 1:85,000
500 0 500 1000
I
/
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
(128 full lois. 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)
500 0 500 1000 Meters
I
/
Sensitive Uses
SCHOOLS. DAYOARES, 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
(91 full lots, 79 partial lots)
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
,~-,ale: 1:85,000
5~0 0 500 1000 Meters
/
I
Sensitive Uses
SCHOOLS, DAYCARES, 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
(63 full lots, 57 partial lots)
SCHEDULE 1
LOCATION MAP
Industrial Areas Permitting Adult Eritertainment
Parlours & Body Rub Parlours
(After application of separation distances from
sensitive zones, lands uses and QEW Highway)
Applicant:
Amending Official Plan &
Zoning By-law No. 79-200 & By-law 395
City of Niagara Falls
AM-21/2002
1 :NTS
S:W~ning~odymb~,ps~Mapping.apr August 2002_
SCHEDULE 2
PART 2 - BODY OF THE AMENDMENT
All of the this part of the document entitled PART 2 - Body of the Amendment, consisting of the
following text, constitutes Amendment No. XX to the Official Plan of the 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 - IlqDUSTRIAL 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 permitted 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 minimize 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 of a 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-mb parlours within one geographic area of the City.
In order to avoid clustering, the City's zoning by-law shall be mended 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 of August 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 :\O ~cial.plnXAM ENDX,#4 5'~BO DY_4 5 .wpd
THE BUTLER GROUP CONSULTANTS iNC.
Land Plannin§ 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-
rub parlours. This is generally due to their small size (less than 2,000 sq. fi.), 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.
11 Hazetton Avenue, guite 300
Toronto, Ontario MSR 21fl
416.926.8796 gax 416.926.0045
E-mail clab@buUerconsultants.com ]
6CT--0~--02 0~ i 4c~ PI'I 3UTLER COt<SULTAt~T$ 416 ~2~ 0045 P. 0~
-2-
We are recommending that these controls be implemented
licensing.
Y(mrs very truly,
THE BUTLER GROUP (CONSULTANTS) IN{2.
David A. Butler, MCIP, RPP
President
by way of zoning and
October 18, 2002
Main & Ferry B.I.A.
C/o 5917 Main Street,
NIAGARA FALLS, ON L2G 5Z7
0gT ! 8 t002
.ifFICE,OFTHE MAYOR
Mayor Wayne Thomson and
Members of City Council
· 4310 Queen Street,
NIAGARA FALLS, ON
Mayor Thomson and Members of Council:
I am writing on behalf of our B.I.A. regarding the upcoming discussions on Adult/Sex
Shop zoning..
It is the position of our association thatwe would support any zoningthat would limit or
eliminate the location of any Adult/Sex related outlets to areas other than
tourist/commercial. Main & Ferry is currently struggling with the'number of these
operations that we have in our area now. Any help that the zoning could provide us to
inhibit future growth of this particular type of business would be very much appreciated.
Thank you for your consideration of our views-on this matter.
Treasurer
Niagara Falls, Canada
LUND¥S LANE BIA - RO, BOX 26008, NIAGARA FALLS ON L2G 7X$
Info Line 1-866-551-LANE · www, tourismniagar3.¢om/lundyslane
October 21, 2002
His Worship Mayor Wayne Thomson
And Members of Council
City of Niagara Falls
PO Box 1023
Niagara Falls, On L2E 6X5
Dear Mayor Wayne Thomson and Members of Council
Re: Proposed Amendment-Official Plan and Zoning By-Law #79~200 and #395,
1966
The Lundys Lane B,I.A. remains adamantly opposed to the opening of body rub and/or
adult entertainment businesses on Lundys Lane, Our position applies to exi~ing
businesses, and unquestionably to any new applications. We stron~v suvoort any By-
Law changes whi._ch would stop the openin.~ of additional businesses of this nature in our
business area.
The opening of body rub and/or adult entertainment busineses on Lundys Lane is
completely contradictory to the development objectives for our area. The current risk of
developing a 'red light' district at the western end of Lundys Lane is very real-it would be
imminent if any additional adult businesses appeared. The result would be devastating to
the economic well being of that aves. It is imperative for city planners to do whatever
possible to prevent this from happening.
Again, the Lundys 1.4me B,I.A, ~trongly supports any by-law changes which would
prevent the opening of any additional body rub and/or adult entertainment businesses on
Lundys Lane.
Respectfully submitted,
Len J. Cad~
Chairman, Lundys Lane B.I.A.
90S .35&1162 e~4. 608
'~ 37t-0288
L~a
905 356.4 ~62 ext. 6~8
t.l!l:t& FALLS CLERKS' 0~_ 09~_CI i 5:.5~
September 20, 2002
Re: Zoning By-law Amendment Application
City File: AM-33/2002
Attn: City Clerks Office
Dear Sk:
As per out telephone conversation of September 19, 2002,
this letter is to inform you of my intention to attend the Public Meeting scheduled during
the City Cotm¢il Meeting on Monday, October 7, 2002 to address concerns regarding the
above by-law amendment. I would like to reserve the option of speaking to the matter
should any concerns 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 thek
conthmed success.
Thank you for your attention to this matter.
Lilly 'r~' Lace Lingerie, Niagara Falls
905-295~3317
N agaraF ,s
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
Scanned
Doug Darbyson, Director,
Harming and Development,
city Hah,
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 Falls Downtown Board of Management would
like to request 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,
e Amodeo,
Chairman.
Ja/jc
RECEIVED
SEP 2 3 2002.
PLANNING
& DEVELOPMENT
Downtown Niagara Falls: Where Variety Makes the Difference
September 27, 2002
City of Niagara Falls
City mn
4310 Queen Street,
Niagara Falls, Ontario
L2E 6X5
COPy
Attention:
Mr. Doug Da. rbyson
Director of Planning and Development
Dear Sir:
Roi
Proposed Official Plan and Zoning By-Law Amendments
Ci.ty 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 after 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 fi, om 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 tm_successful. 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 ora 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. Chairnmn
C/O Marine Clean Li~mted
PO Box 2205
Niagara Falls, Ontario
L2H 2A5
Phone (905) 356-5553
Fax (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.
RespecOCully 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. Allan. Chairman
C/O Marine Clean Li~mted
PO Box 2205
Niagara Falls, Ontario
L2H 2A5
Phone (905) 356-5553
Fax (905) 356-7631 '-'
email dallml(._a~,vaxxin e. Com
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
And Membpm of Council
4056 DORCHESTER ROAD ~ BOX 10~3
N~'~ FAU.s Niagara Fel~, ~
RE: Prqpo~ed Amendment- Ofrmlal Plan and Zoning
By-Law ,r/~.200 and ,t39~, lg~
Many merqbem of the Chamber of Commeroe am already on record opposing the
~ment of adult entertainment parloura (AEP's) and body-mb parloum
(BRP'$) in .Ire touri~-commemial ~reas. The view i~ strongly held that while these
e~abash~ may have the legal ~ght lo operate they present the wrong, image
:
We am nq~er faced with a proposal to Lsolate the e~br~hment of any new AEP'$
and BRP'~ to industrial areas. The Board of the Nk~am Fs~ls Chamber of
we obje~ ~o their establishment in tourist commercial, residential or any other area
fi, es we ul~demtand iL the Provinep permits a certain number of thqlle enterprmea
to establisl~ themselves in this community m~ ~ ~ U~ Ca~U., ndl to permit
such use~ ordy in suitable areas ~ the. urban boundary,
a land usei planning imbue not unlike thoee faced by
a matter oj' placing compatible tme~ within ilaighbourhoOd~..': We...~k~ggest to you
that AEP'a;and BRP' are not oompmible in any netghbou '...mu. t .tJlerefom
M,m ,
rneasuma ~ have proposed .thet you explore all pj~sible ~y which already
established AEP'a and. BRP'a ean be relocated..~:.'.4~.'.~n boundary and
~E~,O,E restore ou~. City's image, Thank you'. ' . · .. ~'..~:..~?......~iL.' ...:~? _;~ .
905,374.3686 · . ', ..... ~ ,~'.~'~r-' ;,';".:?i ..... .~.~
.......
FAX ,, ! . i!i:i;,,,~ ~'.~.~.i~i:',~.-~!~ ~--'~i!~'~:.q,;:".::'~: ":?.~:'i.-".'., .~.
,: .. . "i~'. :.;;.I;;,,~' . :M,","' ~ !*;,....'...?" ,..;:,'. ~'.:.';:;. ;,;;,~ · ....,
~'.'3'374"2972 '..,~,~"!" ..... ~' '"""' ................. ' ..... "~ ..... ~"'~' ' '~'
..~:...~ ........ ~.~ ......',:~ ....::.~.. m.:.... '.:: . b,..: *:~.
~dmi~nflschamber.com President
:" "."~,;~i!:.
L TO ~ WORK & PLAY 8~¢ie: q889 /
TO 39Vd 30~3NNO0 ~0 W3~N~HO ~L6~bL£ 9~:0T
4056 Dorchester Road
Niagara Falls, Ontario
L2E 6M9
TELEPHONE
905. 374.3666
FAX
905°374°2972
EMAIL
admin(~nflsch amber, corn
WEBSITE
www.nflschamber.corn
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-rob 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.
.!
PLANNING AND DEVELOPMENT DEPARTMENT
The Regional Municipality of Niagara
3550 Schrnon Parkway, P.O. Box 1042
Thorold, Ontario L2V 4T7
Telephone: (905) 984-3030 File; ~--':~Ok/. t~J,,,G/
Fax: (905) 641-5208 ....... -
E-mail: plan@regional,niagara,on,ca
October 3, 2002
File: D.10.M.11.27
Mr. Doug Darbyson, MClP, RPP
Directo~ of Planning & Development
City of Niagara Falls
4310 Queen Street
Niagara Falls, ON L2E 6X5
Dear Mr. Darbyson:
Re:
Feuill~ts da ~nsrni~eion par t~/~cop!eur
Post-it' Fax Note ?e71a
Proposed Official Plan and Zoning By-law Amendments
Adult Entertainment and Body. Rub Parlours
Industrial Designations
City of Niagara Falls
Your File: AM-2t/2002
RECEiV'E
OCT - 3 2002
PLANNING
&____D~EVELOPM_ENT
The City is consid, ering amendments to its planning documents in order to establish
policies and zoning provisions to control the location of adult entertainment parlours
(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 Tourist 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 rand 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 ~rea to the south of
Oldfleld 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.
Ple'ase send notice of Council's decision on these proposed amendments.
Yours truly,
David O. Farley
Director of Planning Services
PB/
c:
Councillor W. Smeaton
Mr. W. Stevens, Regional Public Works
NIA~A
October 3, 2002
PLANNING AND DEVELOPMENT DEPARTMENT
The Regional Municipality of Niagara
3550 $chmon Parkway, P,O, Box 1042
Thorold, Ontarlo L2V 4T7
Telephone: (805) 984-3630 I ~ Planmng
Fax: (90§) 641.5208
E-rna,l: plan@regional,niagara, on. ca I
File: D.10,M.11.27
Mr. Doug Darbyson, MCIP, RPP
Director of Planning & Development
City of Niagara Falls
4310 Queen Street
Niagara Falls, ON L2E 6×5
Dear Mr. Darbyson:
Re;
£eui//etS de transmission par t~l~"ogieur
Post-it" Fax Note
Phono · ! h~ o'~ raL
Proposed Zoning By-law Amen,
Zoning Provisions for Adult Stc....
All Zones Permitting Retail Commercial Stores
City of Niagara Falls
Your File: AM-3.312002 ._,
(~0, f C, le ~
""RECEIVED
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-rub 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 parlour by a
minimum distance of 300 metres;
permit adult stores in all zones which permit retail commercial stores
including Neighbourhood Commercial, General Commerclal~ 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.
2
.ln 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~ Fadey
Director of Planning Services
PB/
C:
Councillor W. Smeaton
Mr. W. Stevens, Regional Public Works
MARINE CLEAN
J _ ~ Plannl.g i
P.O. Box 2205, 6220 Don Murie St. Limited [~'~-- ~,','~'*/f~
Niagara Falls,' Ontario L2E 6Z3
Tel: 905.356.5563 ~x: 90~.85.6.7631
September 27, 2002
City' of Niagara Falls
City Hall
4310 Que~n Street,
Niagara Falls, Ontario
L2E 6X5
Attention:
Mr, Doug Darbyson
Director of Planning and Development
Dear Sir:
'RECEIVED
OCT - 3 20O2
PLANNING
&D_EVE_LOPM ENT
Re:
Proposed Official Plan and Zoning By-Law Amendment~
City File AM-21f2002
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 finn. 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 Park will artificially increase
property value and resulting tax costs, but 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 fn'm 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 establistunents, 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 fragment 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.'
Respec(fully Subm #ted,
David K. Allan
President.
GROUND AERIAL btAINTENAN~E SERVIGE$ LTD]
October 2, 2002
8540 E~ Thomu Ave.
Nlagar& Fall~, Ontario
~ 6X8
Tel: (90~)
,: '_xo,,,v, r4 o-
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 commem with respect to the City's proposed Official Plan
and Zoning By-law changes pertaining to land usc for Adult Entertainment Parlours
(AEP's) and Body Rub Parlours {BRP's).
My concern with the above lies in two main areas: -
Securit~
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
OCT - 3 2002
PLANNING
& DEVELOPMENT
I" lt l. ui
Forms
Niagara
Ltd:.
Phone Free
1-800-933;0086
Fax Free
1-800-933-0082
CANADA
8481 Earl Thomas Avenue
Niagara Falls, Ontario
Canada L2E 6X8
UNITED STATES
P.O. BOX ~09¢
Niagara Falls, New York
U.S.A. 14302
Telephone (905) 35B-0699
Fax (g06} 358-1636
:-mail: ~f~ale~@fOctor. ni~gara.¢om
October 3, 2002
]__~ Planning
~ Scanned
City of Niagara Falls
City Hall
4310 Queen. Street
Niagara Falls, Ontario
1.2F. 6)(5.
Attn:Mr. Doug Darbyson
Re: Proposed Official 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 years ago. S,,,ecurity has been an problem
since that time and the indus'ion of this new industry' within our borders
would certainly not help. There is also the issue regarding how ti-ds would
effect property value and ongoing business value for both ourselves and
our current neighbors. These two positions are dearly outlined in a letter
sent to you from our association by' Mr. David Allan.
My last ob~er,tations are az a relative newcomer to Niagara Fails. I would
have thought that it would be the goal of our City to b"y 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 facili~ in Niagara Falls nm almost
double to those in our Edmonton plant which has twice the bujl~ 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 poss"lbly looking for by induding Adtflt Eattertainment
facilities with local industrial businesses?
Please, let's look to grow our dty and community by attracting new
i~dustrial Partners first, by shelving th~s proposal permanently; and then
reducing taxes to attract bUsinesS that will benefit us all.
A1 Cuhnifi'gham
General' Manager
RECEIVED
OCT - 3 2002
PLANNING
& DEVfiLOPMENT
t. IIFI~. FFILLS CLERKS '0~_ 1004
DA VID A. CRO WE,
Barrister and Solicitor
6617 Drummond Road,
Niagara Falls, Ontario
L2G 4N4
TEL: (905) 356-7755
FAX: (905) 356.7772
October 3r~, 2002
BY FAX TO: (905) 356-9083
His Worship Mayor Wayne Thompson
and Members of the Municipal Council
City of Niagara Falls
4310 Queen Street
Niagara Falls, Ontado
L2E 2L1
Attention: Ms. Barb Muir
Council Secretary
Dear Sirs:
RE: City of Niagara Falls - Adult Businesses By-law (draft)
and draft Zoninq 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 7"', 2002 at 6:00 p.m. and at subsequent Council meetings where
these draft By-laws are considered.
Your very truly,
D^VID A. CROWE
DAC/sm
MANCUSO,
October 3, 2002
citY or Niagara Falls
4310 Queen Street
Niagara Falls, Ontario
L2E 6X5
Attn: Doug Darbyson
Re: Proposed Zoning By-Law Amendment AM-2112002
Dear Mr. Darbyson:
Mancuso Chemicals Ltd. is very concerned about the City of Niagara Falls by-law proposal AM-
21/2002, allowing Adult Entertainment Parlors (AEP's) and Body Rub Parlors (BRP's) into
industrial zones.
We are a chemical manufacturer on Progress Street operating sixteen hours per day, five days
per week. Bringing casual traffic into this area makes us worry of the need for additional security
required to protect our interests. The AEP's only allows us to envision the sales of alcohol
beverages that lead to other concerns. We believe that the placement of these venues in our area
will only cost us more money that can not be covered by the prices on our products.
We are a member of the Stanley Avenue Business Park Association and stand strongly on the
concerns that you have received, these points are quite clear if AM21-2002 is passed.
Considerations must be given to the present business operations and their future growth plus any
other industrial interests that may look into this park.
We need to have Council reject this proposal based on the logic that it is an active industrial park.
Regards
~ g~;tkerKia°l~ er
RECEIVED
OCT - 2002
PLANNING
& DEVELOPMENT
MANCUSO CHEMICALS LIMITED
5725 Progress Street
Niagara Falls, Ontario, Canada L2E 6X8
Tel.: (905) 357-3626 · Fax: (905) 357-3631
www. mancusochemicals, com
0CT-04-2002 1~;39
WALKER DtGGON CONSTRUCTION DMrrF_O
October 3, ?.002
stanley Avenue Busine~ Park Assoc.
Mr. David K. Allan, Charlman
c/o Maflne Clean Limited
P.O. Box 2205
Niagara Falls, ON 1.2H 2A5
Re:_Pr_or)osed Office. Plan and Zonln;r By:La~ Amendme, ltte,~CRv File AM-;2t/2002
Dear David:
Please accept this leEer as my official response conceming the abeve stated maffer.
My personal view is of great conoem as is yours I am glad to see, with the l~roposal of these
Idnd$ of estab~hments (AEP's and BRP's) in our Professional Industrial area. Eleven years ago
we ~ to move our long established business from the north end of the city to this ama
because of the professional atmosphere this park represented, I agree with you whole heartedly
oh the issues a~d concerns you have stated to the ¢~ o1: Niagara Falls, with b6th the Security of
our business's as well as the Business and Property Values at: stake, due to the negative
exposures always associated with these id,ads of establlshmen~s.
! do hope as a long standing bu$111ess owner and taxpayer in the ctty of Niagara PAlls for over 28
years, the alderman elected and representing all our buslnessee, will flatly reject this proposal for
our ema as we are a ~_r_ofe~aionaI.B, udness - Indua,t~al P_ark by ohoice.
Thank you for ~llow~g me to voice my grave oonc~m on this matter and hope our
representatives from the city of Niagara' Falls will find other alternatives for this Proposed By-Law.
Yours truly,
James Walker
President
RECEIVED-
OCT - 2002
PLANNING
& DEVELOPMENT
61 67 Don ~uria Sr.. · Niagara Falls, ON., Canada · LEE 8X8 · (@O5) 358-5B10 · Fax (.qDS) ,qS$-B41E
18/04/2802 15:54 9853566738 AMERICANA RESORT PAGE
ameri. Cana
RESORT & CONFERENCE CENTRE
October 4, 2002
HIS Worship Mayor Wayne Thomson
And Members of Council
City Of Niagara Falls
PO Box 1023
Niagara Falls, Ontario
L?-E 6X5
Dear Mayor Thomson and Members of Council:
RE: Proposed Amendment- Official Plan and Zonin,q By-Law #79-200 and #395, 4966
The purpose of this letter is to once again confirm our position concerning the establishment of adult
entertainment padours (AEP's) and body-rub parlours (BRP's). We hold the emphatic position that
although these estaUishments have the legal right to operate, they present ~e wrong image for
Niagara Falls and our visiting tourists. They are located on a main artery and am at the back entrance
to our tourist area. Their signage is offensive and they portray a negative image for the tourism
community. In addition, they decrease our property values and pose serious security issues. These
concerns threaten future tourism commercial and commercial development particularly in the areas
already designated for their potential development-and licensing.
The Lundy's Lane area has become a flourishing residential community with new subdivisions, schools,
nursing homes and a potential church. The AEP's and BRP's are not compatible with Lundy's Lane
BIA development objectives. Them are presently three BRP li~ in place and another pending.
Even I more would be a move towards estab~hing a red light district in our area. I also am of the
understanding that the provh3ce could increase the number of licenses issued if they so desire. The
results would be extremely d=b ~.ental to our businesses.
Mr, Mayor and Members of Coundl, we ask that you remember our tourism c~rnmunity and ensure that we
r~ have anolher BRP or AEP in our are~ In addition, any opportur~ to reloca[e the exislJng AEP's and
aRP'% or to impose further res~i:tlons and by-laws with regards b set-bad~ signage or hcreased distance
from sensitive use areas be explored. I undemtand fiat these businesses need to be located somewhem~
Perhaps .locating them outside the urban bounda~es away from tourist ccxmm~, ind'uslrial and residential
smeray,
AMERICANA RESORT & CONFERENCE CENTRE
UcC. b. ZUUZ ll'lYPM CkUSSINGHAM,BHADY No.bgG2 P. 1/l
NI~. FflLLS CLERKS'Oc io0? ii ;25
CROSSiNGHAM, BRADY
BARRISTE~ & SOLICITOR~
J. A. CROSSINGItAM, B.A., LL.B.
R. N. BRADY, B.A., LL.B.
K. D. ATKINSON, B.A., LL.B.
B. R. SIMPSON, R.B.A., M.B.A., LL.B.
Via Facsimile (905) 356-9083
City of Niagar~ Falls
4310 Queon Street
Niagara Falls, Ontario
P.O. Bo~ 307 ~,O. Box 9
SL Calharlne~ Ontario PO~ Colborne, Ontario
TEL: (90~) 6d!.16~1 TEL: (905) 834~488
October 7, 2002
Attention: City Clerk
Dear Sirs:
Re: Adult Entertainment and OP Proposal
We are the solicitors for Hotel Europa, a location which has operated as an adult cntertairanent
facility in the past and which has requested an opportunity to do so again.
There arc two fundamental errors with regard to the adult entertainment proposal in the Buffer
Group report.
The report assumes that there are secondary effects from the operation of adult entertainment
parlours that make them inappropriate in anything but industrial zones. There is no study or
evidence to support this theory. Since this is the main basis for the planning direction in the Official
Plan and Zoning Amendment, the failure to provide any analysis on this point undermines the
credibility of the study and makes it an unstable basis for planning with regards to these uses.
The failure to zone existing uses while at the same time issuing licences only for those locations is
fundamentally inconsistent. Anyone wishing to open a new location at a site that conforms with
the proposed Official Plan and Zoning By-law should not be met with a refusal because of a
licencing by-law that is atvariance with the City's stated policy. If the City can control locations
under the Municipal,4ct, it should not do so in a manner that is clearly inconsistent with the City's
planning objectives.
The City has frozen adult uses for almost two years and has produced a study without background
research and that is internally inconsistent.
Yours very truly,
JAC/db
cc: Attila Cserpes 358-7374
CRO,.~SIN~HAM, BRADY
10/0r?/2002 13:10 STAR WARNING a 905~569083
t.llaG. FRLLS CLERKS'O~ i007 13 09
STAR ....
WARNING SYSTEMS X
N0.240
10/07t02
· City Of Niagara Fqlla
At;~ntian: Mr, Peun tor~l~
~0 tbpv~.~p~] wp~]~ g~inly be a etep backward. ~e in~eaeed ~a~c ~d the ~o of clientelt
...... ] ~gn l~'ouF~'i~g~'ogIla~"~ts'com~g~ o~ company, oxplai~g the ~dua~al beo~fits ofAEP s
~4 ~'~, ~
"" ' ~ ~r ~ ~ 4m ~o~o,~ fl~ ~e ~re appropriate ~ ~he tou~st ~r~s, Va~ouYe~. Mon~eal, etc. don'~
$~O~ ~ ~v~ ~ ~TO~ ~lh ~e~ AS a ~r offac~ they promo~ ~m m:~o~r toorist m~ n
': . ' ' : I
Obvio~ly I.~ 0ppoa~ Ia ~s ~T0posed by-law and sa ~ my st~ff, ~ost df fl~om are ladies,
~ncia Balngh ...
Pr~lidor, Ll
Web: ht to://www, st,~rwl~mh~gsya'tom.s.com
8591. Bari. Thomas Avenu,~
Niagara
l?hooo: (905) 357-O22)
Toll Fr~: (877) 357-022:
The City of
Niagara FallsI
Canada
Corporate Services Department
Legal Services
4310 Queen Street
P.O. Box 1023
Niagara Falls, ON L2E 6X5
web site: www.city.niagarafalls.on.ca
Tel.:
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 (AEP), 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-2002-60
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 fi.om
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 pass
R.O. Kallio
City Solicitor
r. The City's AEP By-law, being By-law No. 97-249
by:
expires on December 8, 2002.
espect~lly submitted:
John MacDonald
Chief Administrative Officer
Approved by:
T. Ravenda
Executive Director of Corporate Services
ROK/sm.
CITY OF ST. CATHARI g
SERVICES
DEPARTMENT
CITY HALL
50 CHURCH STREET
RO. BOX 3012
ST. CATHARINES, ONTARIO L2R 7C2
TEL, (905) 688-5601
FAX (905) 688-5873
October 25, 2002
Doug Darbyson
Director, Planning and Development
City of Niagara Falls
P.O. Box 1023
4310 Queen St
Niagara Falls,ON
L2E 6X5
Dear Doug,
Re: World Town Planning Day Proclamation
On behalf of the Ontario Professional Planners Institute, I am writing 'to ask the
City of Niagara Falls to consider issuing an official public proclamation to
participate in the celebration of World Town Planning Day on November 8,
2002.
World Town Planning Day highlights the valuable contributions community
planning has made to the quality of the human environment. It recognizes the
ideals of community planning within the profession and among the general public
worldwide. This event is currently celebrated in some manner in about 30
countries on four continents.
The Ontario Professional Planners Institute has existed since 1948 and has a
membership of more than 2,400 planners across the province. Working with the
Canadian Institute of Planners, it sets standards for the training and certification
of planners, accredits university planning programs, and provides continuing
education and a range of services to its members.
Proclaiming World Town Planning Day is one way to recognize the importance of
community planning in keeping our communities prosperous, healthy and viable.
It would be most appreciated if you and your council would recognize November
8 this year as World Town Planning Day. For your convenience, a draft
proclamation is enclosed.
RECEIVED
OCT 2 8 2002
PLANNING
& DEVELOPMENT
We would be grateful if you could arrange to send a copy of the proclamation
and Council's Resolution to:
Mary Ann Rangam, Executive Director
Ontario Professional Planners Institute
234 Eglinton Avenue East
Suite 201
Toronto, Ontario
M4P 1 K5
or via fax to: 416-483-7830
Please call me at 905-688- 5601 ex 1752 if there are any questions.
Yours sincerely,
Judy Pihach MCIP, RPP
Chair, Golden Horshoe South Chapter
Central District,
Ontario Professional Planners Institute (OPPI)
Clerk's Department
Inter-Departmental Memorandum
To:
Mayor Wayne Thomson
& Members of Council
Date:
lhe City of al~
November 4, 2002
From:
Dean Iorfida
City Clerk
Ext. 4271
Subject: Request for Deputation- Wayne Gates
Attached you will find a letter from Mr. Wayne Gates requesting to speak at Council on Monday,
November 4th. Mr. Gates wishes to discuss Niagara Falls Hydro bills.
You may recall at the last Council meeting, a report authorizing the Mayor to execute the annual
resolutions of the Niagara Falls Hydro Services Inc. was deferred. Part of the motion was that Brian
Wilkie, President of Niagara Falls Hydro Inc. be invited to a furore Council meeting to address the
various issues surrounding hydro.
Mr. Wilkie has been scheduled for the November 18th meeting. Mr. Gates request came subsequent
to the weekly Senior Staff meeting when the Council agenda, for tonight, was set. Based on the
aforementioned factors, it was suggested to Mr. Gates that his deputation be scheduled for the
November 18th meeting. This suggestion is unacceptable to him and he is adamant that he be heard
on November 4th.
When the Clerk and Senior Staff determine the Council Agenda there are often a number of reports,
deputation requests and correspondences to be considered. Sometimes for schedUling reasonS not
all matters can be dealt with at the upcoming meeting and are put off to a futm:e meeting.
Occasionally'it makes sense for a report or deputation to be deferred until more information or the
proper staff are available. The Clerk and Senior Staffare always cognizant of the public's fight to
speak at Council, however, if some structure was not provided in the form of the order of business
then the Council meetings would be a free-for-all. Similarly, there also has to be a cut off point
where no further items should be added to the order of business.
Nonetheless, it is ultimately up to Council on whether they wish to hear from Mr. Gates. In all
likelihood many of the issues he will bring up are probably best answered by .Mr. Wilkie on
November 18th. ·
Wor~inl~ Together to Serve Oar Communit~
IU/3U/gUUZ WEU lb:U'! FAA YUb Z~Y'I UNI'I'E~ WA~ ~'I',UKI'H&RIN~ ~UUI/UU[
NIflG, FriLLS CLERKS '02107_) 15~15
Wayne G ares
7746 Preakness Avenue
Niagara Falls, ON
(905) 371-2391
October 30, 2002
Niagara Falls City Hall
Attention: Barb Muir
Dear Ms. Muir:
I mn writing to request the opportunity to speak at the City Council meeting on
Monday, Novomber 0~u~ with my concern about Niagara Falls Hydro bills.
At your last council meeting, it was stated that Mr. Wilkie would be making a
presentation at this meeting. I would like to speak after his presentation. If
Mr, Wilkie isn't doing a presentation, I would still like to speak at Council
Please do not hesitate to contact me at (905) 371-2391 if you havc any questions.
Sincerely,
The City of
Niagara Falls~
Canada
Community Services Department
Municipal Works - Traffic & Parking Services
4310 Queen Street
P.O. Box 1023
Niagara Falls, ON L2E 6X5
web site: www.city.niagarafalls.on.ca
MW-2002-141
Ed Dujlovic, P. Eng.
Director of Municipal Works
Tel: (905) 356-7521
Fax: (905) 353-0651
E-mail: kdren@city.niagarafalls.on.ca
November 4, 2002
His Worship Mayor Wayne Thomson
and Members of Municipal Council
City of Niagara Falls, Ontario
Members: Re:
MW-2002-141
Award of Tenders
16-2002; Supply of Services for the Snowplowing of Parking Lots
17-2002; Supply of Services for Sanding & Salting of Parking Lots
RECOMMENDATIONS:
It is recommended that:
1)
Dominion Paving Company be awarded the contract for the supply of services for
snowplowing of parking lots designated in Area 1;
2)
Ken Warden Construction be awarded the contract for the supply of services for
snowplowing ofi~arking lots designated in Area'2;
3)
Somerville Landscaping be awarded the contract for the supply of services for
snowplowing of parking lots designated in Area 3;
4)
Ken Warden Construction be awarded the contract for the supply of services for Sanding
and Salting in Group A and Group B Parking lots; and,
3)
the by-law appearing on tonight's Council Agenda be given the necessary readings to
authorize the execution of the tenders for the supply of services for snowplowing of
parking lots in Area 1, Area 2, and Area 3 and for the supply of services for sanding and
salting in parking lot groups A and B.
BACKGROUND:
The Tender Opening Committee, opened tenders on Thursday, October 23, 2002 for the above
noted contracts. Each contract is for a three-year period covering the winter seasons of 2002-
2003, 2003-2004 and 2004-2005.
Snowplowing of Lots:
Two (2) bids were received for snowplowing of lots for Area 1, Area 2 and three (3) bids were
received for Area 3. All of the bids were submitted by local firms.
November 4, 2002 -2- MW-2002-141
Shown below is a summary of the tendered rates for the parking lots in each of the designated
areas. Also included is the hourly rate for hauling away snow and for clearing entrance
passageways when requested.
Snowplowing of Lots:
AREA 1 - Snowplowing cost for Hourly rate for
Contractor all lots each snowfall hauling
Hourly rate for
entrance clearing
Montgomery Bros.
Dominion Paving Company
$ 829.25 $ 95.00 per hour $45.00 per hour
695.50 87.00 per hour 45.00 per hour
AREA 2 - Snowplowing cost for Hourly rate for
Contractor all lots each snowfall hauling
Hourly rate for
entrance clearing
Montgomery Bros.
Ken Warden Construction
$1,273.30 $ 95.00 per hour $45.00 per hour
1,261.53 84.00 per hour 43.00 per hour
AREA 3 - Snowplowing cost for Hourly rate for
Contractor all lots each snowfall hauling
Hourly rate for
entrance clearing
Montgomery Bros.
Ken Warden Construction
Sommerville Landscaping
743.65 $ 95.00 per hour $ 45.00 per hour
494.34 84.00 per hour 43.00 per hour
476.15 85.00 per hour 35.00 per hour
It is estimated that the contractors will be required to plow the lots 25 times this winter season. Also,
the predicted snow hauling for each area is as follows; Area 1- 10 times, Area 2 - 5 times and Area
3 - 2 times. Each snow hauling period is estimated to consist of a 1 O-hour duration. A minimum
of two vehicles are required for a snow hauling operation. Entrance clearing is estimated to be
required five times in each area. Given the aforementioned predictions the total snow plowing,
snow hauling and entrance clearing costs are as follows:
Annual Estimated Costs for Snow Plowing:
Area 1 Area 2
Montgomery Bros.
Dominion Paving Company
$ 30,456.25
26,312.50
Montgomery Brothers $ 36,807.50
Ken Warden Construction 35,953.25
Area 3
Montgomery Bros.
Ken Warden Construction
Sommerville Landscaping
$ 20,716.25
14,253.50
13,778.75
Bold type indicates low bid
Based on the rates received and the estimated number of times that snow plowing/snow hauling and
clearing operations will be required, the bid submitted by Dominion Paving for Area 1, the bid
submitted by Ken Warden Construction for Area 2 and Sommerville Landscaping for Area 3 are low
bids. All three contractors have previously carried out snow plowing operations for the City of
Niagara Falls. The total contract value for each snow plowing season is estimated to be $76,044.50
including taxes.
November 4, 2002 -3- MW-2002-141
Sanding & Salting of Lots:
Three (3) bids were received for sanding and salting operations for group A and group B parking
lots. All of the bids were submitted by local firms.
Contractor
Costs to sand & salt all lots on an as needed basis:
Montgomery Group A Parking Lots Group B Parking Lots
Bros 2002-03 2003-04 2004-05 2002-03 2003-04 2004-05
$ 963.00 963.00 1,040.04 $ 267.50 267.50 293.18
Ken Warden $ 747.93 747.93 747.93 $154.08 154.08 154.08
Construction
Sanding and salting is performed on an "as needed" basis. This service is performed approximately
twelve (12) times per season.
Annual Estimated Costs for Sanding & Salting:
Montgomery Brothers
Ken Warden Construction
Group A Parking Lots
$11,556.00
$ 8,975.16
Group B Parking Lots
$ 3,210.00
$1,848.96
Based on the rates received and the estimated number of times that sanding/salting operations will
be required, the bid, submitted by Ken Warden Construction for Group A and Group B parking lots,
is the low bid. Ken Warden has previously carried out snow plowing operations for the City of
Niagara Falls, the same level of service for sanding and salting is expected. The total contract value
for each sanding/salting season is estimated to be $10,824.00 including taxes.
Therefore, based on the tendered rates staff is recommending that the tenders be awarded to the low
bidders. Committee's concurrence with the recommendations made in this report would be greatly
appreciated.
Prepared by:
Karl Dren, C.E.T.
Traffic & Parking Services Manager
Ed Dujlovic, P. Eng.
Director of Municipal Works
spectfully submitted: //
JJohn MacDonald
Chief Administrative Officer
s.wheeler
S:\TRAFFICLREPORTS~2002~2002 Corporate Services~MW-2002-141 .wpd
file: G-180-19
The City of
Niagara Falls'
Canada
Community Services Department
Parks, Recreation & Culture
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
akon.~,cit¥, niagarafalls.on, ca
R-2002-65
Adele Ken
Director
November 4, 2002
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re: R-2002 - 65 -Public Art Policy
RECOMMENDATION:
That Council approve the attached policy developed by the Arts & Culture Commission.
BACKGROUND:
Attached is the Public Art Policy developed by the Arts & Culture Commission. A considerable
amount of time and effort has gone into developing this policy. A number of drafts were prepared
and shared with various groups for their comment. Revisions were made accordingly and the
Commission is now asking for Council's support in adopting this policy.
'Given the amount of time that has already been spent reviewing Dr. Afrukhteh's donation, it is
recommended that his donation be exempt from Public Art Policy.
Respectfully submitted:
AK/das
Attachment
Karen Akalu, Chairperson
Arts & Culture Commission
Working Together to Serve Our Community
Municipal Works · Fire Services · Parks, Recreation & Culture · Business Development · Building & By-Law Services
DEPARTMENT:
Community Services
PARKS, RECREATION
CULTURE
DATE EFFECTED:
DRAFT
POLICY:
Public Art Policy
Report: R-2002-65
SECTION: 1000.46
Page I of 4
Intent of the Public Art Policy
The Public Art Policy is intended to be specific to donations directed to the Corporation of the City
of Niagara Falls, and not applied to any of the functioning Boards of the City of Niagara Falls. Nor
is there any intent to apply the Policy to any donations, purchases, loans, etc., made to or by those
Boards.
Operating Guidelines
Public Art means visual works of decorative or functional purpose owned or managed by the
Corporation of the City of Niagara Falls which include, but are not limited to:
a) sculpture, in any material or combination of materials, whether in the round, bas relief,
mobile, fountain, kinetic, or electronic;
b) murals, mosaics, fibre works, glass works, photography, paintings, graphic arts and prints
that are hand pulled or machine made that are limited in their edition, or other art forms in
any material or combination of materials;
c) tableaux or creative displays of an artistic/informational nature which interpret the heritage
significance of a building, or site;
d) architectural embellishments such as ornamental surface treatments, street inlays, or
landscaping features with artistic intent. With property designated under the Ontario
Heritage Act the committee shall abide by the LACAC recommendation.
e) Public art does not include: unlimited editions of original works or mass-produced art
objects.
Public Art is located in:
Publicly Accessed Areas are spaces frequented by the public, or within public view, and accessible
to or visible by the public. Such areas may be in the public or private domain. Examples include
but are not limited to:
a) parks, boulevards, sidewalks, or bridges;
b) foyers, conference rooms, auditoria, courtyards and concourses;
c) the interiors and exteriors of buildings including arenas, community centres, theaters,
museums, galleries, parking arcades, schools, hospitals, retail and commercial buildings.
Public Buildings are any buildings that are available for the unrestricted access of the general public
during normal business hours or longer. Examples include city hall, libraries and administration
buildings, sporting facilities, transit customer facilities, and police stations.
SECTION: 1000.46
Page 2 of 4
The purpose of a Public Art Policy for the City of Niagara Falls is to:
· Guarantee an approved, fair, invested, and consistent public selection process so that all the
residents of and visitors to Niagara Falls can access or participate in the cultural, economic
and social development opportunities afforded by public art;
· Serve as an act of public trust and stewardship for public art;
· Ensure that the artwork and creative concepts of artists become part of the planning and
design of publicly accessible areas and buildings and contribute positively to making public
art visually stimulating and community oriented.
The mandate of a Public Art Policy for the City of Niagara Falls is to:
· Create a clear sense of community pride and identity;
Serve as a catalyst to economic development and tourism;
· Demonstrate the City's responsibility to provide cultural opportunities for its citizens and
present a positive image to visitors through artistic interpretation.
· Take into consideration the physical appearances of a public location, its history and the
nature of the community.
Governance
A Public Art Advisory Committee will be established as part of the Arts & Culture
Commission to advise on the implementation of the public arts policy. The PAAC will be
facilitated by city staff through the Parks, Recreation and Culture Department.
· The Public Art Advisory Committee will be struck by the Arts & Culture Commission to
provide recommendations to City Council through the Commission.
The Public Art Advisory Committee will be a voluntary committee of five (5) selected from
the following: urban designer; landscape architect; visual arts consultant; visual artist; art
historian; arts administrator; developer; civil engineer; educator; curator; art critic/writer;
heritage professional; a resident; with at least two members from the Arts & Culture
Commission. Members of the PAAC should demonstrate significant knowledge in the field
of public art and be familiar with the Niagara Falls community.
· The Public Art Advisory Committee reports to the Arts & Culture Commission which will
provide a recommendation to City Council.
· The term of office for Committee members shall be three years from the date of appointment.
· Committee members may stand for re-appointment at the conclusion of their term.
The Public Art Advisory Committee will appoint a Chfiir to call and preside at meetings and
to set an agenda. In the event the Chair is unable to attend, the PAAC is to appoint a Vice
Chair as an alternate. A secretary shall be appointed who will keep the minutes of all regular
and special meetings. Copies of all minutes shall be distributed to all members of the Arts
& Culture Commission.
SECTION: 1000.46
Page 3 of 4
· Three (3) members of the Public Art Advisory Committee shall constitute a quorum for the
transaction of business.
The Commission may, with reason, request in writing, the resignation of any member of the
Committee prior to the expiry date of the member's term of office, and any member of the
Committee may resign therefrom at any time, upon sending notice to the Chairperson of the
Arts & Culture Commission.
Responsibilities of the PAAC
· As directed by the Arts & Culture Commission, review all proposed public art projects and
ensure the application of established procedures and guidelines on a proj ect-by-project basis.
Advise the Arts & Culture Commission on the implementation and maintenance of a civic
public art inventory and the implementation of the accessioning and de-accessioning
components of the Public Art Policy.
· Advise the Arts & Culture Commission on proposed artwork gifts, bequests, and donations
to the City of Niagara Falls according to the established guidelines.
Advise the Arts & Culture Commission and ensure that the proper maintenance program of
public artworks is in place and practiced, in collaboration with municipal staff or their
professional designates.
Conduct of Meetings
Regular meetings of the Committee shall be held, as necessary, to adequately deal with the
business of the Committee and to hear public input respecting proposed public art
installations.
· While regular meetings shall be open to the public, the Committee shall consider and
formulate its recommendations respecting the commissioning of public art works in camera.
At the first meeting of the Public Art Advisory Committee, the Committee shall elect the
following: Chairperson, Vice-Chairperson, and Secretary.
Code of Conduct
· Members of the public Art Advisory Committee are disqualified from directly or indirectly
benefitting from their participation in the public art policy during their tenure.
Members of the Public Art Advisory Committee are disqualified from submitting to the
public art projects for which the PAAC has approval authority of administrative
responsibility during his/her tenure.
SECTION: 1000.46
Page 4 of 4
Guidelines for Receiving Public Gifts
A proposed gift, bequest, or donation is to be referred and reviewed by the Public Art Advisory
Committee which will provide a recommendation to the Arts and Culture Commission.
Criteria: The gift, bequest, or donation will provide reference to the City of Niagara Falls or to
represent Canadian culture to visitors: giving particular but not exclusive preference to those artists
living and working here, and who have lived and worked as artists in Niagara Falls. The works of
art will foster civic and national identity and should be comprised of works in all media that are of
interest and importance to the community.
Procedures For The Acceptance Of A Gift:
The proposed gift is reviewed by the Public Art Advisory Committee and if a gift is acceptable
under the acquisitions criteria the steps are taken as follows:
a) agreement between the donor and City as to who bears the cost of the appraisal of the gift.
b) Appraisal of fair market value of the gift according to the guidelines of Revenue Canada as
regards to a charitable donation.
c) Upon acceptance of the appraisal of fair market value by the PAAC a recommendation to the
Arts and Culture Commission to provide a charitable tax receipt will be made.
d) Donations accepted by the City according to the aboVe procedures will be inventoried and
documented as part of the City's collections, according to professional collections
management standards and policies.
e) The donor will be recognized and acknowledged in a manner suitable to the object on display
and in accordance with professional collections management procedures and standards.
f) Ifa proposed gift is declined after review as described above, the prospective donor will be
informed and the object will be returned if it is in the possession of the City.
De-accessioning Of Artwork
The Public Art Advisory Committee will advise on the de-accessioning procedure. De-accessioning
is the procedure for the removal of a work of art from the public collection. It is a serious and
seldom utilized procedure. Any actions or set of procedures that result in the cessation by the City
of its ownership and possession of the work is possible, provided that disposition of a work of art
is not contrary to the terms on which it was received by the City.
De-accession guidelines cover the relocation, removal, destruction or disposal of public works of art.
The City of
Niagara Falls
November 4, 2002
L-2002-67
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re:
L-2002-67
Animal Population Committee
RECOMMENDATION:
That owners of chicken coops and rabbitries be given until March 31, 2003, within which to comply
with the setback requirements in By-law No. 2002-129, being the animal control by-law;
And further that said By-law No. 2002-129 be fully enforced on or after April 1, 2003.
BACKGROUND:
By-law No. 2002-129, being the animal control by-law, was passed by Council on July 15, 2002.
Among the. regulations and requirements were that both chicken coops and rabbitries be located at
least 25 feet from the rear lot line and at least 15 feet from any side lot line of the lot on which the
chicken coop and/or rabbitry is located. We have now received comments and representations fi.om
owners of chicken coops and rabbitries that they be permitted a reasonable period of time within
which to relocate their structures.
In fairness to these owners, it is recommended that they be given a reasonable period of time within
which to relocate their structures, but well before the start of the summer season. This should strike
a reasonable compromise between the animal owners and those people living around these structures,
who wish to enjoy the use of their property. We are aware that there is an expectation that the public
is. looking for the enforcement of this by-law but fairness should permit the animal owners time to
comply with the by-law.
Respectfully submitted:
Chai~"~--~' ' I
Niagara Falls
Can~~
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-2002-62
R. O, Kallio
City Solicitor
November 4, 2002
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re.'
L-2002-62
Establishment of a Public Highway
Part 5 on 59R-11847 as Part of Kalar Road
Our File No: 2002-526
RECOMMENDATION:
That a road widening, being Part 5 on Reference Plan 59R-11847 attached as Appendix "A", be
established as a public highway, to be known as, and to form part of, Kalar Road.
BACKGROUND:
As a condition of Land Division Committee approval, Karen Ann DeGiorgio conveyed a road
widening to the City. The subject land is located on the east side of Kalar Road and shown on the
plan attached. Staff is now recommending that the subject land be dedicated as a public highway
to form part of Kalar Road.
Law Clerk (
by:
l~ay Kallio
City Solicitor
Clerks · Finance
Approved by:
T. Ravenda
Executive Director
of Corporate Services
Respectfully submitted:
[ / John MacDonald
[/t Chief Administrative Officer
Working Together to Serve Our Community
Human Resources · Information Systems · Legal · Planning & Development
ddP.
(d~ ~ m~)
H8731 '30*E
(t~5'~'c
(p~
0
0
N87'59'50"£ Q'
242,35'
242.5.5'
PART I, P~,N 59R-856~
REGIONAL ROAD:' N'O. '57 (~y ey-Lew 175-,927)
Thorold Stone Road
(B~d AIIowence Bet~:e.~ Town~ip Lots 7~'& 80)
~N ~4296 ' 0178
BY-LAW 4~72-$7 INST. No. LT-S(
X
Z
The City of
Niagara Falls
Canada
Corporate Services Department
Legal Services
4310 Queen Street
P.O. Box 1023
Niagara Falls, ON L2E 6X5
web site: www.city, niagarafalls.on.ca
Tel.:
Fax:
E-mail:
(905) 356-7521
(905) 371-2892
rkallio@city.niagarafalls.on.ca
L-2002-69
R. O. Kallio
City Solicitor
November 4, 2002
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re:
L-2002-69
Application to Amend the Register
To Clear Cloud on Title - 5306 Victoria Avenue
Our File No.: 2002-538
RECOMMENDATION:
That Council authorize execution of an Application to Amend the Register to clear a cloud on title
to the property located at 5306 Victoria Avenue, being the business known as Jade Garden
Restaurant & Tavern.
BACKGROUND:
Lews' Food Limited is the owner of the property municipally known as 5306 Victoria Avenue. In
August, 1996 the City registered a Notice of Claim for certain rights arising out of an old registered
instrument. Instrument number 6752 reserved the following fights for The Corporation of the Town
of Niagara Falls:
"lay water and gas mains, sewers, electric ligh (sic) and other fixtures and appliances, and
to alter, repair and renew same."
"and subject also to the limitation, that no building shall be erected upon the said lands. And
the said Part of the Second Part, for himself, his heirs executors, and administrators, hereby
covenants and agrees to and with the said Part of the First Part, that no building shall be
erected upon the said lands hereby conveyed."
Working Together to Serve Our Community
Clerks · Finance · Human Resources · Information Systems · Legal · Planning & Development
November 4, 2002 - 2 - L-2002dS9
In order to clear this cloud on title, an Application to Amend the Register will need to be registered
on title wherein The Corporation of the City of Niagara Falls consents to deleting Instrument
Number RO710990.
Staff has reviewed the proposed Application to Amend the Register and has no objections.
Law Clerk
Ray Kallio
City Solicitor
by:
Respectfully submitted:
Chief Administrative Officer
Approved b.y:
Executive Director of Corporate Services
(WED)lO 16 2002 17'41/$T. 17:30/N0.51123881C..4 p
Document General
{Subl~4:cttion tt](~) GL ILhu i~o.~i:~t:r.y
0o;~=~ $
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Soe Sche u~,e
Ar. ti~chc~
4310 Queen Stre,_~c, P.o. Box 102~, ~eiagara Po1Tn, Ontario, L2]': 6X5
(WED) 10 10 2002 17'41/$T. 17:30/N0. 5112388134 p
IN Tile MA'FI'ER OF th.: Claim of
The Corj",on~tion of the City of Ni~gar~ F-ails
hereto a]lllcxed,
ANI) IN Till.: lS,l,tl'l'F..It Ot:' thc i{cl;islry ^¢1,
lt,~.O.. 19.~n. e. lt.2O
AFFIDA¥1T IN SUPI~R'I' OF NOTICE OF CbAih'l -
~,~D1P~ ,~UI~ECTION: 135) OF TIlE ACT
l, R. O. 'l~]io. ol' Ibc City of Ni~a~ ;~.s, in the Regional ~'a;ei~.'~lity Of Ni.~R~"a, Pr0vin~:
of Ozl~ldlo, marc oath ~r~(I say:
I. 1 am the Solicitor for ils¢ cl~|m~iX~t who~ cialm is more particularly described in tl~¢
altac~ Notice of Claim.
'l'he F~tJcula.rs of ~hc ¢lai~ ~": '~t out i~1 the. 21tzchcd Notice-o"f L:l.si,t arc L-tlC and
sub,isling ,d Ihe clsim and the. tlrnc for thc tel~istcr~nl~ ~ Notice of Clainz :Jnder sub.~ction
113.~) and O) of tho Regi.st.~ Act has net expired.
SWORN b¢ore me. at the
City of Niagara F~lls, in
of Nialcall. I~hi.-. ,3J.';'r ttay
A ~.'ommissb~¢r, etc,
) R.O. K:tllio
)
)
;-ROM , (WED)lO 16 2002 17:42/ST. 1?:30/NO, 5112388134 p
SC{IEDULE "A"
I~OTICE OF f~LAI~t
(Rcglstry ArI)
~'OTICE ~$ I~*ehy ~ivcn by The Co~rahon OFl,,~ C~,~ o. N~=~ · .t~ u.,.ct ~..ec ·
or ibc ~&.isl~ ~ct of a cl~m u~er ~hc inslntm~ts described by inst~lncn~ number, do~amcnt
case ~n ~ch Schedule a~ being the ~n~s a~l~ ~ ~ucb inst~mc,~t.
Thc pa~i~s of Ibc ~:=i~ arC ~ follows:
The Co~uratlon o~ the City of Ni~Bara Fa~ls claims thc f~ts-o~-way, r]~t~, p~v~10ges, tibc~ics,
c~t~, automations, licenses, franchise, grits a~or pc~{:: (the ~RigluS') acqu~tc~ under
an& by exc~tlon aaa dcliv~ or the ~n~umcnts des~ibed in Schcd~dc "0" to :h~ HOtlcc of Claim
cxoept tO the ~ten~ that any ~ioas 0fthc ~gbts ~vc bccn ~ctcu~c~ ~ttu~t to uny :cg;stcrc,I
in~t~m~nt ~e~tcd by ~c Co~oralion cf the City of NiaS~ Falls, or predecessor
O=Icd at N~rs F~Is. Ontario, ~bls /~n~ day or ~
~,.~
FROM (WED)lO 16 2002 17:43/ST. 17'30/NO. 5112388154 p ,
the Rcg£s~ry DiVision of Niagara Sou~h (ho, 59)~ 8~so by ~
The do=ument~ may affect th~ whole O~ part of the lo~ or block
indies=md, a~ described in ~be lns~menc number provided. 'Yhc
followl~ abbFeviation~ hav~ b0en used for ~he lcga~
descrlpt~ons:
Concession being ~bbrevlated "C~n.";
Town=hip being abbrevla~ed "Twp."
A11 plan n~mbeN~ iDdlcated are the "mow known aG" pldt~ ~%umb~rG.
All Registry document~ wi:h re~istca:ion numbers bei0w 60000 ate
further defined bY their relevant original registration Document
To~n of Niagara Fmlls b~lng ~bbr~viat~d "TU";
Ci%y of Niagara Falls being abbreviated "NF"; . ~-------''"
Village Ot Chippewa bein~ abbreviated "CH";
Town:hip of Stamford being abbreviated -ST";
Town;hip O~ willoughby b~ing abbreviated "WI";
DepOSit Pl~m ~ing ~bbreviated "DP".
Registry DiviGIon of N~agara South (NO. 59)
75 NF
45O NF
2445 ST]
4~ TN)
F~uary 1~, 1904
May 11. 1942
A~gUS~ ~, 1904
One doou~el~%
reqi~e~ed
April 19, 1504
November 24, i~04
Lot 435A, Plan 298
Twp. Lots 11~ & 126,
Tw~. Of Stamford
LOt 95A, Plan
Range 10, ~l~t~
Lots 9SA & 99.'%, Plan
290
FROM (WED)lO 16 2002 17'43/ST. 17:30/NO. 5112388134 p ;
Numbor
6729
67.~0
6736
67 -5 ~
6759
6768
676~
6770
6751
6946
7080
7216
Doo~On~
TN
TF
TN
TN
TN
TN
TN
TN
T~
TN
NY
D&to o£
November 1, 1902
D~scriptio~
Lo~s lOlA. lC~A,
4~8A & 429A. Pla,~
llovemb~ 3, 19~2 Lo~ 97A, Pi&~ 298
bO~O 209A & 210A,
plan 298 .
November ~, ~902
10, 1902 Lo~ 432A, PXan 200
November 10: 1902
i;ov~mbar la, 1902
NoV~b~ 21, 1902
Nov~mbor 2~, 190~
1902 Lot 101;A,
Deocmber'l, 1902 LO= 430A. Plul~ 29~
LOt 434A, P!&~ 29g
3ul~ 29, 1903
Lo~ 400A, plan 208
soptember 10, 190~ Lot 437A~ Plaii 298
DcC~bcr 29. 1903 Lot I~, Plan
1913 Ran9u 10, PIa~; 1
Jul~ 7, 1922 S!at~r Avenua, Plan
(WED) lO 16 2002 17'33/$T, 17:30/NO. 51123881i4 p
made in dupllcaie th~ ..... . ~'lret d~¥ Gl
;n the year of our Lord one thou.~nd nine hund~ed and %Wo.
.O0~obO~
II~g. OOI:IPORA,~X01~ 07 'l'lt'g TOV.'H OF NI~tOARA PA~LS..
q
"' ' ; · ~. :" ": OF T~ ~ECOND
'X
~:..:....' .... · · .!.: :lallttn~a~etb that the said.part ~I' of the First Pa~t for and slderat~on of the
::'= '.:""'. )%'-f .... whc~of is hereby ackAowl~d) ha, g~nted, ~lcased and quitted
P~:~)~'? :' '" ': '"~ '~'AL~.~Be ~state,.r{~h~, 't{~le,'lntc~st. claim and demand mvhats~ver' both
at law and in equity or o~herwlsc howsouver, and ~vhcther in possession or expectancy
of' ' ~' . ,'""the said ~ri~ ofthe first part o~, in, ~o or out orALL AND
· SINGULAR th~;.certui], par~]~ or tractS, of land, premiscs situate lying and
..l~.o~God o~ tha~ ~tlon off ~eteher':AVe~o,olo~ ~
~'ga~ ~lne,o~ere, eloo~iLo 11 . .d othe~ ~08 ~d
anoea,~d to ~te.r,~e~l~ a~ ren~
(WED)lO
16 2002 17:33/ST. 17'30/NO. 5112388~34 p
{appJirtenances thereto beJo~gin~ or ;tppertalnlng tinto a~md to the use of the said
part ~e he;rs Rnd assigns forever.
part of the ~oO~ ....
~SU~ECT ~EVF:RTH~I.ESS to the tearYations, hm~tRtlons,
n i~ions exoressed in the orl inRI Grant thereof from the Crown. ~
ico d . g
~ the acid
' ~ oai~ P~Y o~ ~he ~oond P~t,fO~ hi~elf,h~s he~
~t~a,a~ ~et~a Ore, ere~ cove~e ~d ~oe~.
~~ u~ t~e a~d lands here~ oonv~ed.
.lt~ l~ltn~t~ ll~lb~r¢0! ,he said part//~ ,o ~h~se prt~en~ have hereunto ~et. ~
~thelr hands and seals. ": :' ~.
' I ~ ':
The City of
Niagara FallslJ~4~
Corporate Services Department
Legal Services
4310 Queen Street
P.O. Box 1023
Niagara Falls, ON L2E6X5
web site: www.city, niagarafalls.on.ca
Tel.:
Fax:
E-mail:
(905) 356-7521
(905) 371-2892
rkallio@city, niagarafalls.on.ca
L-2002-70
R. O, Kallio
City Solicitor
November 4, 2002
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re:
L-2002-70
Establishment of Public Highway
Part 4 on 59R-11645 and Part 4 on 59R-9170
To Become Part of Buttrey Street
Our File No.: 2002-517
RECOMMENDATION:
That a road widening, being Part 4 on Reference Plan 59R-11645 attached as Appendix "A", be
established as a public highway, to be known as, and to form part of, Buttrey Street.
BACKGROUND:
As a condition of Land Division Committee approval, Canadian National Railway Company
conveyed a road widening to the City..The subject land is located on the south side of Buttrey Street
and.shown in heavy outline on the plan attached. Staff is now recommending that the subject land
be dedicated as a public highway to form part of Buttrey Street.
~Pr~ep~/by: /
Mary M,,9~ one.
Law Cl'er} Ib
R~]~l° Y:
City Solicitor
Approved by:
T Ravenda.
Executive Director of Corporate Services
Respectfully s.~ubmitted)
John MacDonald
Chief Administrative Officer
Working Together to Serve Our Community
Clerks · Finance · Human Resoumes · Information Systems · Legal · Planning & Development
The City of
Niagara Falls
Canada
Corporate Services Department
Legal Services
4310 Queen Street
P.O. Box 1023
Niagara Falls, ON L2E 6X5
web site: www.city.niagarafalls.on.ca
Tel.:
Fax:
E-mail:
(905) 356-7521
(905) 371-2892
rkallio@city, niagarafalls.on.ca
L-2002-7'1
R, O. Kallio
City Solicitor
November 4, 2002
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re:
L-2002-71
Establishment of Public Highways
Parts 3 & 4 on 59R-11749 to become Part of Weaver Road
and Oft Road
Our File No.: 2002-531
RECOMMENDATION:
That a road widening and daylighting triangle, being Parts 3 & 4 on Reference Plan 59R-11749
attached as Appendix "A", be established as public highways, to be known as, and to form part of,
Weaver Road and Ort Road.
BACKGROUND:
As a condition of Land Division Committee approval, Alexander Swirl and Barbara Swirl conveyed
a road widening and daylighting triangle to the City. The subject lands are located on the east side
of Ort Road and the north side of Weaver Road and shown in heavy outline on the plan attached.
Staff is now recommending that the subject lands be dedicated as public highways to form part of
Weaver Road and Ort Road.
Mary Morr~,fe~'
Law~j /
ie K~alli4 ibY:
City Solicitor
T. Ravenda
Executive Director of Corporate Services
Respectfully sub~rnitted: t
Chief AdminiStrative Officer
Working Together to Serve Our Community
Clerks · Finance · Human Resources · Information Systems · Legal · Planning & Development
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Corporate Services Department L-2002-72
TheCity' of Legal Services
..... I~/~ ,, _ 4310 Queen Street
r ,agara m,s p o Box 1023
Canad Niagara Falls, ON L2E 6X5
T~ web site: www.city.niagarafalls.on.ca
Tel.: (905) 356-7521
Fax: (905) 371-2892
E-maih rkallio@city.niagarafalls.on.ca
R. O. Kallio
City Solicitor
November 4, 2002
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re:
L-2002-72
Establishment of Public Highways
Parts 1, 2, 3 and 4 on 59R-11876
To Become Part of Centre Street and McGrail Avenue
Our File No.: 2002-515
RECOMMENDATION:
That a road widening being Parts 1, 2, and 4 and a daylighting triangle, being Part 3 on Reference
Plan 59R-11876, attached as Appendix "A", be established as public highways, to be known as,
and to form part of, Centre Street and McGrail Avenue.
BACKGROUND:
As a condition of site plan approval Niagara Princess Hotel Ltd. and 1234917 Ontario Limited
conveyed a road widening and daylighting triangle to the City. The subject lands are located on the
south west side of Centre Street and the south east side of McGrail Avenue and shown in heavy
outline on the plan attached. Staff is now recommending that the subject lands be dedicated as
public highways to form part of Centre Street and McGrail Avenue.
i~ed by'
City Solicitor
Approved by:
T. Ravenda
Executive Director of Corporate Services
ald
/Chief Administrative Officer
Working Together to Serve Our Community
Clerks · Finance · Human Resources Information Systems · Legal · Planning & Development
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