2000/07/17PLANNING MEETING
July 17, 2000
PRAYER: Alderman Carolynn Ioannoni
DISCLOSURES OF PECUNIARY INTEREST
Disclosures of pecuniary interest and a brief explanation thereof will be made for
the current Council Meeting at this time.
Happy 100th Birthday!
Reverend Duncan Lyon, from Christ Church, will be in attendance to have the
Aldermen sign a Book of Greetings congratulating the Queen Mother on the occasion of
her 100t~ Birthday.
PRESENTATIONS
Municipal Senior of the Year Award
His Worship Mayor Thomson will present the Municipal Senior of the Year Award
to Nellie Austin, a valued volunteer within the community.
DEPUTATIONS
Whirlpool Bridge Initiatives
Mr. Allen Gandell, General Manager, Niagara Falls Bridge Commission,
would like to address Council to get their support on some initiatives regarding the
Whirlpool Bridge.
-2-
Co-Op Housing
Mr. Glenn Scott wishes to address Council regarding the download of Co-op
Housing to the Municipal Level.
PLANNING MATTERS
ITEM NO. 2000-27
Public Meeting
Zoning By-law Amendment Application
AM-23/2000, Marcella Serravalle
8189 Lundy's Lane
Background Material:
Recommendation Report: PD-2000-79
ITEM NO. 2000-28
Public Meeting
Zoning By-law Amendment Application
AM-22/2000, 4248 Broughton Avenue and
4233 Hickson Avenue; Proposed Expansion
To Niagara Bronze Limited (Ralph Tallman)
Background Material:
Recommendation Report: PD-2000-86
- AND -
Correspondence from Regional Niagara
Correspondence from Margaret Farewell
Correspondence from Chris Carter
ITEM NO. 2000-29
Public Meeting
Zoning By-law Amendment Application
AM-18/2000, 2M Architects Inc.
c/o Pingue & Sons Construction
6390 & 6402 McLeod Road
Background Material:
Recommendation Report: PD-2000-82
- AND -
Correspondence from Cleveland and MaW Faye Strickland
ITEM NO. 2000-30
ITEM NO. 2000-31
ITEM NO. 2000-32
ITEM NO. 2000-33
-3-
Public Meeting
Zoning By-law Amendment Application
AM-19/2000, 2M Architects Inc.
c/o Pingue & Sons Construction
6513, 6515 & 6525 McLeod Road
Background Material:
Recommendation Report: PD-2000-84
- AND -
Correspondence from William Vandertang
Correspondence from the Malatest family
Petition headed by Diane Malatest
Correspondence from Charles & Margaret Upton
Correspondence from Cleveland & Mary Faye Strickland
Correspondence from Joey Jackson
Correspondence from Gina Huggins
Public Meeting
Official Plan Amendment Application
AM-24/2000, 800460 Ontario Limited
and Peter Aiello
Background Material:
Recommendation Report: PD-2000-83
Public Meeting
Vegter Estates Draft Plan of Subdivision
File: 26T-11-2000-04
Owner: Jack & Diane Vegter
Background Material:
Recommendation Report: PD-2000-80
Public Meeting
Miller Road Estates Draft Plan of Subdivision
File: 26T-11-2000-05
Owner: 727604 Ontario Limited
Background Material:
Recommendation Report: PD-2000-81
-4-
- AND -
Correspondence from Corfield & Company
MISCELLANEOUS PLANNING MATTERS
Chief Administrative Officer
PD-2000-85, Proposed Nutrient Management
Strategy and Model By-Law for Poultry and
Livestock Operations In Niagara.
Chief Administrative Officer
PD-2000-87, Request for Extension to Draft
Plan Approval; Chippawa West Phase 2, 26T-
94009; Queensway Chippawa Properties Inc.
Chief Administrative Officer
PD-2000-88, Application for Site Plan
Approval; SPC-29/99, 8066 8078 Norton
Street; Proposed Five-Unit On-Street
Townhouse.
REGULAR COUNCIL MEETING
ADOPTION OF MINUTES: Regular Council Meeting of June 26, 2000
MAYOR'S REPORTS. ANNOUNCEMENTS, REMARKS
COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
Township of Ashfield - Re: Province-Wide Moratorium on Liquid Manure
Facilities - requesting that Council support a resolution asking that the
Government of Ontario immediately put in place a moratorium prohibiting the
construction of any new liquid manure facilities or the addition to any existing
facilities, until it has been proven that the environment and our drinking water
will not be negatively impacted.
RECOMMENDATION: That the request be supported.
School of Horticulture & Botanical Gardens - Re: Proclamation - requesting
that Council proclaim the week of August 14th tO August 20th, 2000 as "Niagara
Bigga Tomatafest Week" in Niagara Falls.
RECOMMENDATION: That the request be supported.
The Arthritis Society - Re: Proclamation - requesting that Council proclaim the
month of September, 2000 as "National Arthritis Month" and requesting a flag
raising ceremony to be held outside of City Hall on September 5, 2000 and that
the flag remain displayed for the month of September.
RECOMMENDATION: That the requests be supported.
Judith Lowe - Re: Long Distance Rates - requesting that consideration be given
to the residents and businesses of Niagara Falls to be connected to all major
cities in the peninsula without long distance rates being charged.
RECOMMENDATION: That the request be supported.
Ministry of Municipal Affairs and Housing- Re: Direct Democracy Through
Municipal Referendums Act, 2000 - providing information on the new regulations
which give voters a stronger voice in the local democratic process by allowing
municipalities to ask binding referendum questions on the municipal ballot.
RECOMMENDATION: For the Information of Council.
Additional Items for Council Consideration:
The City Clerk will advise of any further Items for Council consideration.
REPORTS
RATIFICATION OF CORPORATE SERVICES COMMITTEE ACTIONS
(Alderman Wayne Campbell, Chairman)
RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS
(Alderman Victor Pietrangelo, Chairman)
Chief Administrative Officer
MW-2000-76, Contract 2000-08, Surface
Treatment & Expanded Expanded Asphalt
Stabilization of Roads.
Chief Administrative Officer
MW-2000-77, City Initiation of In Phase Curb
and Gutter Local Improvements on Collins
Drive and Toby Crescent.
-6-
RATIFICATION OF PARKING & TRAFFIC COMMITTEE ACTIONS
(Alderman Kim Craitor, Chairman)
Chair, Parking & Traffic
MW-2000-78, Municipal Parking & Traffic
Committee Recommendations- July 11% 2000
Meeting.
MISCELLANEOUS MATTERS
1. Chief Administrative Officer CDo2000-18, Special Occasion Permits.
Chief Administrative Officer
L-2000-31, Consolidations of Adult
Entertainment Padour Licensing and
Locational By-laws.
Chief Administrative Officer
L-2000-55, Borys Agreement with the City
Building Permit (Checkerboard Lot) Willoughby
Drive.
Chief Administrative Officer
L-2000-56, Hunter/Howard Agreement with the
City Building Permit, Testamentary Devise.
Chief Administrative Officer
L-2000-57, Transfer of Easement from The
Regional Municipality of Niagara, Stanley
Avenue at Valley Way.
Chief Administrative Officer
L-2000-58, Establishment of Standing
Committees.
7. Chief Administrative Officer L-2000-59, Insurance Adjusters Agreement.
Chief Administrative Officer
L-2000-60, Sign Regulations for Body Rub
Padours.
RATIFICATION OF COMMITTEE-OF-THE-WHOLE ACTIONS
RESOLUTIONS
That the Minister responsible for the Canada Customs and Revenue Agency, the
Honourable Martin Cauchon, be requested to provide sufficient funding for the
hiring of additional, permanent Customs officers for the Niagara River bridges to
combat the current, negative impacts as a result of increased cross border
traffic.
-?-
That the City Council resolves to object to the proposed legislation and to petition
the Ministry of Energy, Science and Technology to amend Bill 100, "An Act to
Promote Efficiency in the Municipal Electricity Sector and to Protect Consumers
from Unjustified Rate Increases.
BY-LAWS
The City Clerk will advise of any additiona! by-laws or amendments to the
by- laws listed for Council consideration.
2000-143
To authorize the execution of an Consulting Agreement with David
Schram & Associates Inc. respecting services for Project Management to
assist with the planning and implementation for both the Community
Centre and Twinning of Chippawa Willoughby Memorial Arena projects.
2000-144 To amend By-law No. 79-200, as amended. (Re: AM-09/2000)
2000-145
To authorize the execution of a Consulting Agreement with CH2M Gore
and Storrie Limited respecting services for Schedule C Environmental
Assessment for the proposed High Rate Treatment Facility.
2000-146
To authorize acceptance of a Transfer of Easement from The Regional
Municipality of Niagara for the purpose of a storm sewer over part of
Stanley Avenue at Valley Way.
2000-147
To authorize the execution of an agreement with Crawford Adjusters
Canada respecting claims adjusting services.
2000-148
To amend By-law No. 99-164, as amended, being a by-law to provide for
the licensing, regulating, and inspection of body-rub padours, owners,
operators and managers of Body-Rub Parlours and Body-Rubbers at
Body-Rub Parlours.
2000-149
To authorize an Agreement, dated July 11, 2000, between Jeffrey Howard
Hunter and Geraldine Jane Howard and The Corporation of the City of
Niagara Falls respecting regarding application for a Building Permit.
2000-150
To authorize an Agreement, dated June 29, 2000, between Peter John
Borys and Anna Maria Borys and The Corporation of the City of Niagara
Falls regarding application for a Building Permit.
2000-151
2000-152
2000-153
2000-154
2000-155
2000-156
2000-157
2000-158
-8-
To authorize the execution of an agreement with Russell Masterson
Amateur Athletic Club with respect to the Ontario Hockey Association
Junior "B" Hockey franchise obtaining a licence to operate from the
Niagara Falls Memorial Arena.
To amend By-law No. 89-155, as amended, being the Standing Rules of
the Council.
To amend By-law No. 97-249, being a by-law to provide for the licensing,
regulating and inspection of adult entertainment padours, owners and
operators of adult entertainment parlours and entertainers at adult
entertainment padours.
To authorize the execution of an agreement with Norjohn Limited
respecting Surface Treatment and Expanded Asphalt Stabilization of
Roads.
To amend By-law No. 89-2000, being a by-law to regulate parking and
traffic on City Roads. (Heavy Vehicle Restriction, Stop Signs)
To amend By-law No. 89-2000, being a by-law to regulate parking and
traffic on City Roads (Parking meters, Prohibited Parking)
To authorize the execution of a Subdivision Agreement with 1397945
Ontario Limited respecting the St. Paul Court Subdivision.
To authorize monies for General Purposes. (July 17, 2000)
NEW BUSINESS
N~ F~S CU~S '0005~ 15=~
Mr. Wagg, Town Clerk
Niagara Falls,Ontario
Unit 28,8175 McLeod Rd.
Brookside Village Co-op
Niagara Falls, ON,L2H3A5
May 26, 2000
Dear Mr. Wagg:
I am writing to request a fifteen minute deputation to speak
with our members of Council.
Topic: The download of Co-op Housingto the Municipal Level
Purpose: To inform members of Council about Co-op function,
the present goals of interaction to benefit Council and
Co-ops alike.
It should be possible to keep this presentation to about 15
(fifteen) minutes. No more than six people will acconpany me
to better offer answers to any questions from Council members.
Represented: I am on the Board of Directors of the Golden Horse-
shoe (Hamilton/Niagara) federation of CHF (Co-operative
Housing Federation of Canada), chairman of the Golden
Horseshoe Political Action Committee (G-pac).
I'm a 50-year old disabled male with nine years living
and participating in Co-op housing boards and committees.
My telephone number is 371-0710 and I will be available when
ever you book me for this deputation.
Thanking You,
Sincerely,
(Glenn Scott)
pLANNING MEETING -'J U L ! 7 ?-~ ._
The City of
Niagara Falls j
Canada
Planning & Development Department
4310 Queen Street
P.O. Box 1023
Niagara Falls, ON L2E 6X5
web site: www.city.niagarafalls.on,ca
Fax: 356-2354
E-mail: nfplan@city.niagarafalls.on.ca
Doug Darbyson
Director
PD-2000-79
July 17, 2000
His Worship Mayor W. Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re:
PD-2000-79, Zoning By-law Amendment Application
AM-23/2000, Marcella Serravalle
8189 Lundy's Lane
RECOMMENDATIONS:
It is recommended that:
1)
Council approve the Zoning By-law amendment application to broaden the range of
uses which are allowed to be established on the land; and
2)
the applicant be required to install a suitable manhole at the property line to the
satisfaction of the Regional Public Works Department prior to the passage of the
amending by-law.
THE PROPOSAL:
An amendment to the City's Zoning By-law is requested for the land known as 8189 Lundy's Lane
shown on Schedule 1. The site is developed with a 9,120 square foot commercial building as shown
on Schedule 2. The amendment is requested to broaden the range of uses allowed to be established
on the land. Several of the uses already exist in the building.
THE AMENDMENT:
The land is currently zoned Tourist Commercial (TC). Site specific zoning provisions are requested
to allow the following uses to be established on the land: 1) clinic; 2) dry cleaning establishment;
3) retail store; 4) laundry; 5) tavem; 6) office; and 7) equipment rental and repair shop. In addition,
further site specific provisions are requested which would limit the maximum size of each of these
uses to 2,500 square feet.
Working Together to Serve Our Community
July 17, 2000 - 2 - PD-2000-79
CIRCULATION COMMENTS:
Information concerning the requested amendment was circulated to City departments, several
government agencies and the public for comments. The following is a summary of the comments
that have been received.
· Municipal Works
No objections.
· Parks, Recreation & Culture
- No objections.
· Fire - No objections.
Regional Planning
No objection. No Provincial interests
affected.
Regional Public Works
All sanitary connections must comply
with the Regional Sewer Use By-law
No. 3308-83. In accordance with the
by-law, a suitable manhole is required
at the property line to allow
observation, sampling and
measurement of sewage flow.
Fruitbelt Development
(Eric Henry, President)
Full support to such a proposal. A
controlled expansion of uses can only
assist in the development of this
important corridor in the City.
PLANNING REVIEW:
The following is a summary of staffs assessment of the application:
1. Why is the amendment requested?
Last year it came to staffs attention that an equipment rental and repair shop (E-Quip
Rentals & Repairs Limited) and a retail store (Ooney Looney) were established on the
subject land contrary to the site's TC zoning. Staff immediately contacted the owner
(applicant) and informed her that these uses were not permitted by the site's TC zoning.
Staff have been anticipating this application for approximately a year. The application is
slightly different than what was expected in that, in addition to requesting the two non-
complying uses to be legalized, the applicant would like permission to further broaden the
range of uses allowed to be established on the land. The applicant' s reason for this is the
desire to better serve the emerging neighbourhoods which surround the site.
2. What is the City's plan for the subject and surrounding lands?
The subject land and those surrounding it to the west, east and south are designated Tourist
Commercial in the City's Official Plan and located in the Lundy's Lane Satellite District.
SCHEDULE 2
7
SCHEDULE 1
LOCATION MAP
Subject Property
I IIIl~llJ"' .... .L~
I W°°dsvlew_UfCrJJ~cen~t
-Carvest OrescOtt t / '
Sp~ng Blossom Drive
/ Lund~
Amending Zoning By-law No. 79-200
8189 Lundy's Lane
Applicant: Marcella Serravalle
AM-23/2000
July 17,2000 -4- PD-2000-79
CONCLUSION:
Based on the foregoing, staff are of the opinion that the application to amend the Zoning By-law
can be supported. The amendment will implement, in part, Council's recently approved tourism
policies for the Lundy's Lane Satellite District by broadening the range of commercial uses
permitted in this part of the City to satisfy the needs of the tourist and area residents alike.
Prepared by:
Ken Mech
Planner 2
Recommended by:
Doug Darbyson
Director of Planning & Development
Approved by:
Tony Ravenda
~xecutive Director of Corporate Services
KM:gd
Respectfully submitted:
Edward P L
Chief Administrative Officer
FILE: SAPDRX2000\PD2000-79.wpd
July 17, 2000 - 3 - PD-2000-79
The District is intended to function as a commercial corridor for City residents, and a
supporting commercial corridor for tourist functions. It is to provide a wide variety of retail-
commercial and tourist-commereial uses at a small and medium scale including auto-related
service commercial uses, supporting retail facilities, recreational uses, restaurants and hotel
and motel accommodations.
Is the request to allow a broader range of uses on the subject land within the intent
and purpose of the City's tourism policies?
Yes. If approved, the requested amendment will assist in implementing the City's plan
noted above. For example, as reported to Council last month (PD-2000-67), the
development community is showing a growing interest in broadening the retail
opportunities in all of the City's tourism districts to capture potential retail sales. In
addition, the Lundy's Lane Satellite District is a unique tourism district in that, in addition
to serving the tourist, it also serves the adjacent and surrounding residential neighbourhoods
(Hodgson, Munro, Leeruing, Corwin, Royal Manor, Lundy, Oakwood). The scale of the
uses that could be established on the subject land would be controlled by the size of the
property and the building thereon. The proposed uses would likely serve the tourist and
resident markets alike. Staff do not anticipate any land use impacts or conflicts as a result
of the new uses.
4. Is the requested zoning amendment appropriate?
Yes. Site specific provision,s are requested to be added to the land's TC zoning to include
the aforementioned uses in the list of permitted uses. However, not all of the uses requested
to be added need to be because they are already pennitted under other permitted uses or will
be permitted shortly. For example, the requested laundry and dry cleaning establishment
uses are already allowed on the property by the Zoning By-law's definition of a "personal
service shop" which is currently permitted on the land. Similarly, the requested tavem use
is already allowed on the property under the restaurant use. On June 26, 2000 Council
passed By-law No. 2000-35 which, after the appeal period, will add a retail store to the list
of permitted uses and regulations to guide the maximum size and concentration per
property. In addition to adding the uses, further site specific provisions are proposed to be
added to the zoning of the land to limit the maximum size of each of these uses to 2,500
square feet. Staff have no objection to this provision because it is the same standard which
applies to uses in the Neighbourhood Commercial zone and should assist in ensuring that
there are no adverse impacts on other planned facilities in the City's commercial hierarchy.
5. Are there any outstanding issues?
Yes. Comments received from the Regional Public Works Department advise that all
sanitary sewer connections must comply with the Regional Sewer Use By-law No. 3308-83.
The By-law requires a suitable manhole to be provided at the property line to allow
observation, sampling and measurement of sewage flow. Because the site is already
developed in accordance with an approved site plan, further site plan approval is not
required. Therefore, the only way to ensure compliance with the Region's By-law is to
require the applicant to undertake the work prior to the passage of the amending zoning by-
law.
Planning & Development Department
4310 Queen Street
P.O. Box 1023
Niagara Falls, ON L2E 6X5
web site: www.city.niagarafalls.on.ca
Fax:
E-mail: nfplan@city.niagarafalls.on.ca
July 17, 2000
Doug Darbyson
Director
PD-2000-86
His Worship Mayor W. Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re:
PD-2000-86, Zoning By-law Amendment Application
AM-22/2000, 4248 Broughton Avenue and 4233 Hickson Avenue
Proposed Expansion to Niagara Bronze Limited (Ralph Tallman)
RECOMMENDATION:
It is recommended that Council approve the application to add to the LI (Light Industrial) zone
certain uses associated with the adjacent foundry use.
BACKGROUND:
Niagara Bronze is located on the noah side of Buttrey Street between Broughton and Hickson
Avenues. The owner has acquired additional property on the west side of Hickson Avenue. An
application to amend the Zoning By-law has been received to rezone the current LI zone through the
addition of site specific uses as part of Niagara Bronze operations. The proposal is to add
approximately 9,300 square feet to the existing facility to be used for cleaning, storage and shipping
operations associated with the foundry use. The addition is to be located on Hickson Avenue on lands
now occupied by a Canadian Corps (Legion) building, which will be demolished.
CIRCULATION COMMENTS:
The application was circulated to various City departments, agencies and the public for comment.
Comments received to date are noted below.
Municipal Works
A detailed lot grading and site servicing plan is to be
submitted (at the site plan review stage).
The laneway is to be formally closed and conveyed to
the applicant prior to construction.
Parks, Recreation & Culture
The City's Landscape Architect is to review details of
the development to ensure adequate landscaping is
provided at the site plan review stage.
Working Together to Serve Our Community
July l7,2000 -2- PD-2000-86
· Fire No objections.
· Regional Public Works
Construction of a sampling manhole at the property line.
PLANNING ANALYSIS:
An analysis of the application revealed a number of issues. A brief synopsis of these matters follows.
1. What is the previous history of this development?
Niagara Bronze was established in approximately 1940. In 1998, the owner received zoning
approval (AM-16/98) for the first of a two-phase expansion to the existing plant. Construction
is currently underway with the first phase of expansion at the comer of Buttrey Street and
Hickson Avenue. The expansion proposed by this application is to add additional space to
further streamline operations and to move some uses currently conducted outdoors inside the
building.
2. Does the proposal comply with the Official Plan?
The subject lands are designated Industrial in the Official Plan. Policies encourage the expansion
of existing industry and the redevelopment of industrial lands. The Plan also states that there
should be a gradation of industrial land uses with heavy industry located away from residential
lands. The purpose of the expansion is to house cleaning, shipping and storage operations. The
shipping and storage operations are essentially a warehousing function and are of a lighter
industrial nature. As the loading docks are located on the west side of the addition, with trucks
using Broughton Avenue to access the site, the addition will act as a buffer between this
operation and the Hickson Avenue residential land uses.
The cleaning operations will be conducted entirely within the building and involve the cleaning
of the castings and moulds used in the casting process. Because it is contained within the
building, noise and dust emissions should not adversely affect the residential land uses. The
noise impact study done for the first phase of expansion stated that the building, through
appropriate design measures, would reduce noise to a level well below current levels. The
applicant has advised that the same design measures will be utilized with the proposed addition.
3. Is the requested amendment appropriate?
Yes. The lands are currently zoned Light Industrial (LI). The applicant has applied to retain the
LI zone but amend it to permit these uses specifically. Although the nature of the cleaning
operation is more of a general industrial use, it will only be a part of the operation which is
conducted within the proposed addition; the shipping and storage uses will be the predominant
uses and are a light industrial use. Therefore, retention of the LI zone with site specific
provisions has the effect of creating a gradation of land uses from the General Industrial zone to
the west and south. The proposed building will be set back from the front (Hickson Street) lot
line in accordance with the LI requirements. The front yard will be landscaped to satisfy the by-
law provisions and will provide an aesthetically pleasing appearance.
July 17, 2000 ~ 3 - PD-2000-86
4. Are there other issues affecting this application?
Yes. The application affects a portion of the unopened laneway that runs through the middle of
this block between Hickson and Broughton Avenues. The applicant is in the initial stages of
purchasing this part of the laneway. Purchase of the laneway should be finalized prior to
passage of the amending by-law.
Other issues, which will be dealt with during site plan review, are storm water run-off,
landscaping and emergency vehicle access.
CONCLUSION:
Based on the above, this application can be supported. The modification of the current LI zoning to
permit, essentially, the cleaning operation within the proposed addition is within the intent and
purpose of the Official Plan. Building design measures should ensure that no adverse affects will be
experienced by neighbouring residents and shipping operations will be buffered by the proposed
addition. Landscape treatments will both improve aesthetics and provide screening.
;'fin 6a sley
Planner 1
Respectfully submitted:
~Administrative Officer
Edward P. Lustig /Cc~,-
Recommended by:
Doug Darbyson
Director of Planning & Development
Approved by:
JB:gd
FILE: S:\PDRX2000\PD2000-86.wpd
SCHEDULE 1
LOCATION MAP
Subject Land
Buttrey Street
Amending Zoning By-law No. 79-200
4248 Broughton Avenue
Applicant: Niagara Bronze
AM-22/2000
I :NTS
!.
07/1~/00
THU 10:43 FAX 905 641 5208
NIAG'~A
REG NIAGARA PLANNING i~l
PLANNING AND DEVELOPMENT DEPARTMENT
The Regional Municipalib/of Niagara
3550 Schmon Parkway. P.O, Box 1042
Thorold. Ontario L.2V 4T7
Telephone; (g05) 984-3630
Fax: (905) 641-5208
E-maih I~lan~regional.niagara.on,ca
July 12. 2000
File: M,11.27
Mr. Doug Darbyson
Planning Director
City of Niagara Falls
4310 Queen Street
Niagara Fails, ON L2E 6X5
Dear Mr. Darbyson:
Re:
Proposed Zoning By-law Amendment
Addition to Niagara Bronze
Hickson Avenue/But'trey Street/Broughton Avenue
City of Niagara Falls
Your File: AM-22/2000 (Niaclara Bronze)
RECEIVED
JUL 13 2000
PLANNING
& DEVELOPMENT
This application proposes to allow a 9,300 square foot addition to Niagara Bronze. The addition
will extend onto the lands currently occupied by the Canadian Corp building, which is to be
demolished. The Canadian Corp building has been used as an assembly/meeting hall. A
previous expansion of about 35.000 square feet was approved by the City through Zoning By-
law No. 99-65. The current application is similar to the previous expansion and our comments
on that expansion (copy attached) would also apply to the present application.
Regional Planning staff has no objection to this development from a Regional planning
perspective.
These lands and the surrounding lands up to Ferguson Street to the nodh are designated as
Industrial by the Niagara Falls Official Plan. Although there are nearby existing residential uses
located closer than the Ministry of the Environment's recommended separation between
industrial and sensitive land uses. this situation has existed for some time. The existing
dwellings are designated and zoned for industrial use and, as such, are legal non-conforming.
Fudhermore. the proposed building addition is to be used for shipping and storage and for the
cleaning of moulds. These activities should have less impact than the casting operations in the
existing plant. The separation would. therefore, appear to be acceptable under these
circumstances.
The Regional Public Works Department has no objection to this application, and a copy of
Public Works' comments is attached.
002
2
In conclusion, we have no objection to the approval of this application from a Regional and
Provincial perspective.
Please send notice of the City's decision on this application.
__.~rs
Da~w'~arley
/~Ass:stant Planning Director
PS/ju
c:
Councillor William Sineaton, Regional Municipality of Niagara
Ms. B. Ryter, Ministry of the Environment, Hamilton, ON
Mr. D. Cherrington, Regional Public Works
HhG NIAGARA FLANNING
THE REGIONAL MUNICIPALITY OF NIAGARA
MEMORANDUM
t~O03
DATE:
TO:
SUBJECT:
June 22, 2000
Pat Busnello
Planning Department
Public Meeting
Zoning By-law Amendment (AM-2212000)
Proposed: 9,300 Square Foot Expansion to Existing Facility
Applicant: Niagara Bron~,e Ltd.
4248 Broughton Avenue and 4473 Buttrey Street
City of Niagara Falls
Our File: 04.000.500 (AM-16/98)
We have no objections to this rezoning application, which is intended to permit 9,300
square foot expansion to the existing industrial building.
We would note, however, that this development will be required to comply fully with the
Regional Sewer Use By-law 3308(83}, as amended. The by-law also requires the
construction of a sampling manhole as part of the proposed connection to the existing
municipal sewer, as well as may require an interceptor to remove grease, fiammable
waste, sand or other harmful ingredients. Further, the owner may be required to
monitor sewage discharges and submit regular reports to Mike Glynn, C.E.T., Manager
of Environmental Technical Services, who is responsible for issuing approval
regarding enforcement of this by-law. The applicant should contact Mr. Glynn at (905)
685-I 571, extension 3211, to review this matter.
D. K. Cherrington, C.E.T.
Manager of Engineering Planning and Development
DR/cm
CC:
M. Glynn
D. Darbyson, Planning Department, City of Niagara Falls
L:~MSWORD\CM',D.CHERRINGTON',2033-p,busnetLo.rnerno.doc
lrlu J.u;-,o rA,~ 3uo 0~,~ O~:U~ ~b ~IA~AI~~, FLA~NINb h~]004
PLANNING A DEVELOPMENT DEPARTMENT *
The Regional MuniC:lVa i~ of Niagara
14
2201 St. David'$ Road, .O. Box 0 2
Thorold. Ontario L2 4T7
Telephone; 19051984-3630 ..,:,,~,.,o""
Fax: (905l 641-5208 BIKE WF'6-K
June 3, 1998
File: M.11.27
Mr. D. Darbyson
Planning Director
City of Niagara Falls
4310 Queen Street
Niagara Falls, Ontario
L2E 6X5
Dear Mr. Darbyson:
Proposed Zoning By-law Amendment
Expansion of Existing industrial Building
Buttery Street/Broughton Avenue/Hickson Street
City of Niagara Falls
Your File: AM-16/98 (Niagara Bronze Ltd.)
This application proposes expansions totalling about 35,500 square feet to the
existing Niagara Bronze industrial use, The main expansion, which would appear to
approximately double the size of this use, is proposed on lands recently acquired by
the applicant containing an existing industrial building {to be demolished). It appears
from the proposed site plan that existing outdoor storage is to be eliminated to
provide on-site parking.
These lands are located within the Niagara Falls Urban Area Boundary according to
the Regional Policy Plan. As such, urban development is permitted subject to local
planning requirements.
This application has also been reviewed with respect to the interests of several
Provincial ministries. The Ministry of Environment IMOE) industrial compatibility
guidelines require the separation of industrial facilities from 'sensitive' land uses and
vice versa. Although this area is designated and zoned for industrial uses, there are
existing legal, non-conforming residential -see to the east and northeast of these
lands. Normally, a minimum 70 metre to 300 metre separation (lot line to lot line) is
required by the MOE guidelines for Class II and Class III industries, respectively.
Niagara Bronze appears to be at least a Class II industry according to the MOE's
categorization criteria (e.g. sound audible off property, outside storage permitted,
etc,).
However, there is an existing industrial building on the lot recently acquired by the
applicant which was used in the past for manufacturing purposes (F.W. Roberrs
Manufacturing Co. Ltd.). As such, there has already been industrial use on this site
in close proximity to the nearby residential uses. Further, the MOE guidelines allow
for ~he consideration of jnfillinQ development with less than the recommended
separation distances. Therefore, given the above and as this is a designated
industrial area (including the existing dwellings), the reduced separation seems
acceptable.
Attached is a copy of the comments of the Regional Public Works Department on
this application, which reflects the requirements of The Regional Sewer Use By-law.
In conclusion, Regional Planning staff is not opposed to the approval of this
application subject to local planning requirements,
Yours truly,
rrent
Planning
PB:sm
C:
Councillor W. Smeaton
Ms. 8. Ryter, Ministry of Environment, Hamilton
Mr. D. Cherrington, Regional Public Works
pb~Olrb~on2-m'
~006
DATE:
TO:
FROM:
SUBJECT:
THE REGIONAL MUNICIPALITY OF NIAGARA
MEMORANDUM
May 14, 1998
Pat Bushello
Planner
D.K. Cherrington, C.E~T.
Manager, Servicing Review and Approvals
Public Meeting - Zoning Bylaw ,~_mondment (AM-16/98)
Proposed 35,000 Square Foot Expansion to Existing Facility
Applicant: N'mgara Bronze Ltd.
4248 Broughton Avenue and 4473 Buttrey Street
City of Niagara Falls
Our File: 04.000.500 (AM-16/98)
We have no objections to this rezoning application that is intended to permit two expansions to the
existing facility which wilt increase the size to about 35,500 square feet.
We would note, however, that this development will be required to comply fully with the Regional
Sewer Use By-law 3308(83) as amended which requires the construction of a sampling manhole as
part of the proposed connection to the existing municipal sewer as well as may require an
interceptor to remove grease, ~ammable waste, sand or other harmful ingredients. Further, the
owner may be required to monitor sewage discharges and submit regular reports to Joe Furgal,
P. Eng., Manager of Industrial Wastes and Laborato~ Services of our Environmental Services
Division, who is responsible for issuing approval regarding enforcement of this by-law. The
applicant should contact Mr. Furgal at phone number 735-7960, extension 3208 to review this
matter.
D.K. Cherfington, C.E.T.
Manager, Servicing Review and Approvals
DI:Uew
(#CW676DRM)
CC:
]. Furgal
S. lor~da, Engineering Dept., City of Niagara FadIs
D. Darbyson, Planning Dept., City of Niagara Fails
R E C E I V E
- .: JUL 11 2000
,'o,~.o ,oo n · .,
RECEIVED
JUk 12 2~0
pLANNING
& DEVELOPMENT
The City of
Niagara FallsI
Canada
Planning & Development Department
4310 Queen Street
P.O. Box 1023
Niagara Falls, ON L2E 6X5
web site: www.city.niagarafalls.on,ca
Fax: 356-2354
E-mail: nfplan@city.niagarafalls.on.ca
Doug Darbyson
Director
PD-2000-82
July 17, 2000
His Worship Mayor W. Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re:
PD-2000-82, Zoning By-law Amendment Application
AM-18/2000, 2M Architects Inc. c/o Pingue & Sons Construction
6390 & 6402 McLeod Road
RECOMMENDATION:
It is recommended that Council approve the Zoning By-law amendment application to permit
the construction of a 3-storey, 12 unit apartment building as noted in the report.
THEPROPOSAL:
An amendment to the City's Zoning By-law is requested for the land known as 6390 and 6402 McLeod
Road shown on Schedule 1. The amendment is requested to permit the construction of a 3-storey, 12
unit apartment building as shown on Schedule 2. A future condominium application is anticipated to
allow each unit to be owned.
THE AMENDMENT:
The land is currently zoned Transition Residential Multiple (TRM). The zoning of the land is
requested to be changed to a site specific Residential Apartment 5B Density (R5B) zone to
accommodate the project as designed.
CIRCULATION COMMENTS:
Information concerning the requested amendment was circulated to City departments, several
govemment agencies and the public for comments. The following is a summary of the comments that
have been received.
Municipal Works
No objection subject to the applicant
submitting detailed lot grading plans
showing the proposed and existing
surface drainage on the subject land and
site servicing plans designed in
accordance with the relevant municipal
standards. These matters can be
addressed at the Site Plan approval stage.
Workine Toeether to Serve Our Community
July 17, 2000
· Parks, Recreation & Culture
-2-
PD-2000-82
No objections. Payment of cash-in-lieu
of parkland dedication at the
condominium approval stage. The City's
Landscape Architect will review the
plans at the time of Site Plan approval.
Regional Planning
No objection. No Provincial interests
affected.
Regional Public Works
No objections. However, the Region has
commented that surface drainage must be
directed away from McLeod Road; a
traffic impact study is necessary in
connection with a 5-storey, 57-unit
apartment building proposed by the
applicant on the north side of McLeod
Road (AM-19/2000); the applicant will
be responsible to implement any
recommendations of the study;
appropriate permits are to be obtained
prior to any work commencing in the
Regional right-of-way; and survey
evidence must be maintained. These
matters can be addressed at the Site Plan
Approval stage.
PLANNING REVIEW:
The following is a summary of staffs assessment of the application.
1. What is the City's plan for the subject and surrounding lands?
The subject land and those surrounding it are designated Residential in the City's Official Plan.
The predominant use of land in areas designated Residential is to be housing catering to a wide
range of households. New residential development is to be co-ordinated with the pattern of
surrounding development having regard to such matters as housing mix and densities, the road
system and phasing of development. Varieties of dwellings are not to be mixed indiscriminately,
but rather arranged in a gradation of building heights and densities. Apartments 3 to 4 storeys
in height can be developed up to a maximum density of 75 units per hectare if they are located
at the periphery of a residential neighbourhood with convenient access to the arterial road system
and public transit to minimize traffic movement on local sweets. Sites proposed to be developed
at this height and density should generally be in close proximity to schools, parks and open
space, and neighbourhood commercial areas.
2. Is the proposal to develop a 3-storey, 12-unit apartment building on the subject land within
the intent and purpose of the City's Official Plan?
Yes. The subject land is surrounded by properties containing single detached dwellings. These
dwellings range in height between 1 and l-V2 storeys. The proposal to construct a 3 storey
July 17, 2000 - 3 - PD-2000-82
apamnent building on the subject site would provide a reasonable gradation in building height.
The proposed apartment building is designed at a density of 65 units per hectare. The subject
site is located on McLeod Road which ~metions as an arterial road and represents the northerly
boundary of the Merrit Neighbourhood. The site is located on a bus route. School sites, parks
and neighbourhood commercial areas are within walking distance of the site.
3. Is the requested zoning amendment appropriate?
The subject land and the abutting properties to the east and west are currently zoned Transition
Residential Multiple (TRM). The TRM zone is a type of holding zone which permits legally
established land uses to continue, and identifies lands which can be considered for various forms
of multiple residential accommodation (townhouses, maisonettes and apartments). If the City
would have considered it appropriate to prezone the land for development as it has on other
properties along McLeod Road, either the Residential Low Density, Grouped Multiple Dwellings
(R4) zone, or the Residential Apartment 5A Density (R5A) zone would have been implemented
even though the Official Plan allows a slightly higher density. These zones permit townhouses
and apartments in the range of 35-50 units per hectare. The City generally refrains from
prezoning land because it tends to inflate its value and then reduce the potential of it being
developed in the short term.
The requested Residential 5B Density (R5B) zone would allow a 14-unit apartment building to
be built on the land following the standard lot area requirements. Instead of 14 units, the
applicant proposed to construct 12 large units (960 sq. ft. each). The following chart compares
the differences between the standard requirements of the R5B zone and what is being proposed.
Number of Units
Minimum Lot Area
Minimum Lot Frontage
Minimum Front Yard
Minimum Rear Yard
Minimum Interior Side
Yard
Standard RSB Zone
14
133 sq. m / unit
30m
9.6m
10m
1/2 Building Height
Maximum Lot Coverage 30%
Maximum Building Height 10 m
Minimum Landscaped 35%
Open Space
Current Proposal
12
153 sq. m / unit
30m
8.9m
5.18 m (3.98 m from porch)
4.1 m (2.4 m from porch) -
east side
14 m - west side
29%
12.2 m (including peaked
roof)
33.4%
July 17, 2000 - 4 - PD-2000-82
Staff have no objections to most of the modifications because they are minor in nature and will
help the project fit into the neighbourhood (ie. peaked roof) with the exception of the rear yard
and the distance the covered porches extend into the required side and rear yards. Staff are of
the opinion that the standard 10 m setback should be maintained and that the covered porches
should not be allowed to extend more than 1.2 m into the side, rear and front yards to better
ensure land use compatibility is achieved between the apartment building and the surrounding
dwellings. In order to maintain the rear yard setback requirement, 3 of the apartment units will
have to be reduced in size a small amount and the building will have to be shifted closer to the
street. Shifting the building slightly forward is possible because the by-law protects a 2 metre
wide road widening strip that does not appear to be necessary.
4. Will Site Plan Approval be required?
Yes. All apartment projects are subject to Site Plan Control. Through this process the applicant
will have to prepare detailed drawings addressing the provision of landscaping, fencing, grading
(drainage), curbing, etc. Site Plan Approval is the only way to secure these items. Before Site
Plan Approval can be granted the applicant will have to address the Region's traffic concerns.
CONCLUSION:
Based on the foregoing, staff are of the opinion that the application to amend the Zoning By-law can
be supported with the exception of the relief requested to the standard rear yard setback and the request
to be allowed to extend covered porches 1.7 m into the side yard. Otherwise the apartment building
which is proposed to be developed on the subject land will be compatible with the surrounding
neighbourhood and is within the intent and purpose of the City's Official Plan.
Prepared by:
Ken Mech
Planner 2
Respectfully submitted:
d P. Lustig
Chief Administrative Officer
Recommended by:
Doug Darbyson
Director of Planning & Development
Approved by:
Tony Ravenda
Executive Director of Corporate Services
KM:gd
Attach.
FILE: S:'xPDRx2000XPD2000-82.wpd
SCHEDULE 1
LOCATION MAP
Subject Land
Amending Zoning By-law No. 79-200
6390 & 6402 McLeod Road
Applicant: 2M Architects
c/o Pingue & Sons Construction
Mark Anthony Pingue
Lucy Pingue
Cathy Sheppard
AM- 18/2000
l:l'rl'S
SCHEDULE 2
McLEOD ROAD
G
Z
C~
390 O RD
'~' SITE PLAN I
DI~ECIDR OF PLAbEqING & DEVELOPMENT
c~.RVRTAND AND MARY FAYE STRICKLAND
6475 WENDY DRIVE
JULY 10, 2000
SUBJECT: ZONING AMENDMENTFILE AN~18/2000
6390 and 6402McLEODROAD
MANDDRTJVEREDJULY 11, 2000
Thank you for requesting notification of our concerns regarding the proposed
3-storey apartment building on the t~o parcels of land as indicated on the above
plan.
~hese are our concerns:
MAJOR C(lqCERNS
Water runoff and drainage
Our back yard will be one of those most affected if proper drainage is not
provided for the west side of the proposed apartment building extending d~wn to
Wilson Crescent. Presently, drainage is slow during heavy rainfall and wLll be
accelerated if the new property is elevated and proper drainage is not installed.
SECONDARY OONCR. RNS
Wood fence
A wood fence, unless kept well-maintained, will beccme an eyesore.
Refuse bin & garbage pickup
Unless garbage is picked up often there may be offensive odours frcm the refuse
as well as an a~lation of insects.
We would be less opposed to the proposed zone change and apartment construction
if we could be assured that our concerns regarding the water drainage primarily
will be addressed and a clarification as to how the other concerns will be
approached.
Notification of the outccrm~ of Council's decision would be appreciated.
RECEIVED
JUL 1 I 2000
CJ, EVRTAND STRICKLAND MARY FAYE STRICKLAND
Planning & Development Department
4310 Queen Street
P.O. Box 1023
Niagara Falls, ON L2E 6X5
web site: www.city.niagarafalls.on.ca
Fax:
E-mail: nfplan@city.niagarafalls.on.ca
Doug Darbyson
Director
PD~O00~4
July 17, 2000
His Worship Mayor W. Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re:
PD-2000-84, Zoning By-law Amendment Application
AM-19/2000, 2M Architects Inc. c/o Pingue & Sons Construction
6513, 6515 & 6525 McLeod Road
RECOMMENDATION:
It is recommended that:
1)
Council approve a Zoning By-law amendment to permit the construction of an apartment
building and a separate 223 sq m accessory building; and
2)
the amending by-law zone the land a site specific R5B zone as noted in the report limiting
the apartment building to 52 units and a building height of 3 - 4 storeys.
THE PROPOSAL:
An amendment to the City's Zoning By-law is requested for the land known as 6513, 6515 and 6525
McLeod Road shown on Schedule 1. The amendment is requested to permit the construction of a 5-
storey, 57 unit apartment building, including an underground parking garage, and a separate 223 sq
m (2,400 sq R) accessory building which is proposed to be used as a community centre for the
residents. Refer to Schedule 2 for further detail. A future condominium application is anticipated to
allow each unit to be owned.
THE AMENDMENT:
The land is currently zoned Transition Residential Multiple (TRM). The zoning of the land is
requested to be changed to a site specific Residential Apartment 5C Density (R5C) zone to
accommodate the project as designed.
CIRCULATION COMMENTS:
Information concerning the requested amendment was circulated to City departments, several
government agencies and the public for comments. The following is a summary of the comments that
have been received.
Working Together to Serve Our Community
July 17, 2000
· Municipal Works
· Parks, Recreation & Culture
· Building
· Fire
· Regional Planning
· Regional Public Works
-2-
PD-2000-84
No conditions to impose. Grading,
servicing and access issues will be
addressed in detail through the Site
Plan Approval process.
No objections. Payment of cash-in-lieu
of parkland dedication at the
condominium approval stage. The
City's Landscape Architect will review
the plans at the time of Site Plan
approval.
All required Building Permits to be
obtained prior to commencement of
construction. Further comments will
be made at the Site Plan Application
review.
No objection. Fire safety concerns can
be addressed through the normal Site
Plan review and Building Permit
processes.
No objection. No Provincial interests
affected.
No objections. However, a 10-foot
road widening is required to be
dedicated across the frontage of the
subject land; site servicing drawings
are required and must be submitted for
review and approval - surface drainage
must not be directed toward McLeod
Road; a traffic impact study is required
in connection with another proposal by
the applicant (AM- 18/2000); the
applicant is required to implement any
recommendation of the study; access
for this development must be aligned
opposite Wilson Crescent; appropriate
permits are required prior to any work
commencing within the Regional right-
of-way; survey evidence must be
maintained.
July 17, 2000 - 3 - PD-2000-84
PLANNING REVIEW:
The following is a summary of staffs assessment of the application.
1. What is the City's plan for the subject and surrounding lands?
The subject land and those surrounding it are designated Residential in the City's Official Plan.
The predominant use of land in areas designated Residential is to be housing catering to a wide
range of households. New residential development is to be coordinated with the pattern of
surrounding development having regard to such matters as housing mix and densities, the road
system and phasing of development. Varieties of dwellings are not to be mixed indiscriminately,
but rather arranged in a gradation of building heights and densities. Apartments 3 to 4 storeys
in height can be developed up to a maximum density of 75 units per hectare if they are located
at the periphery of a residential neighbourhood with convenient access to the arterial road system
and public transit to minimize traffic movement on local streets. Sites proposed to be developed
at this height and density should generally be in close proximity to schools, parks and open
space, and neighbourhood commercial areas.
2. Is the proposal to develop a 5-storey, 57-unit apartment building on the subject land within
the intent and purpose of the City's Official Plan?
No. The subject land is surrounded by single detached dwellings which are primarily one storey
in height. The property to the west is the McLeod Apartment project which is 3-storeys in
height. The proposal to construct a 5-storey apartment building on the land is out of character
with the surrounding area and would not provide a reasonable gradation in building height as
directed by the City's Official Plan. In addition, the density of the apartment building at 83 units
per hectare is beyond what has been envisioned for locations such as this. In order for the
proposal to comply with the City's Official Plan its height will have to be reduced to 3 to 4
storeys and the number of apartment units will have to be decreased to 52. Nevertheless, the
site's location on McLeod Road, at the southerly boundary of the Caledonia Neighbourhood, and
a bus route and its proximity to school sites, parks and neighbourhood commercial facilities,
make it an ideal site for multiple residential accommodation.
3. Is the requested zoning amendment appropriate?
No. The subject land and the abutting properties to the east and west are currently zoned
Transition Residential Multiple (TRM). The TRM zone is a type of holding zone which permits
legally established land uses to continue, and identifies lands which can be considered for
various forms of multiple residential accommodation (townhouses, maisonettes and apartments).
If the City would have considered it appropriate to pre-zone the land for development as it has
on other properties along McLeod Road they would have likely been zoned either the R4 or R5A
zone which permits townhouses and apartments in the range of 35 to 50 units per hectare.
However, this is not the case. Following the City's Official Plan, apartments 3 to 4 storeys in
height can be considered along McLeod Road up to a maximum density of 75 units per hectare.
Developments of this size and density are allowed and guided by the Residential Apartment 5B
Density (R5B) zone.
July 17,2000 -4- PD-2000-84
The zoning of the subject land is requested to be changed to a site specific Residential Apartment
5C Density (R5C) zone to accommodate the proposed apartment building. The R5C zone has
been requested because the height and density of the apartment building is well beyorid the scale
of development allowed by the R5B zone. Because the project has to be scaled down to conform
with the Official Plan the requested R5C zone is inappropriate. Instead, the zoning of the land
should be changed to a site specific R5B zone. The following chart compares the differences
between what has been proposed and what is recommended.
Number of Units
Minimum Lot Area
Minimum Front Yard Depth
Minimum Rear Yard Depth
Maximum Projection of
Porches into Required Yards
Minimum Interior Side Yard
Maximum Lot Coverage
Maximum Building Height
Current Proposal
57
121 sq. m / unit
10.7 m Accessory Building
19 m Apartment Building
8.2 m
2.7m
1.5 m Accessory Building
5.3 m Apartment Building
Recommended Development
52
133 sq. m / unit
10.7 m Accessory Building
17 m Apartment Building
3-storeys 10 m
4-storeys 15 m
1.2 m
1.5 m Accessory Building
5.3 m Apartment Building
30% 30%
16.3 m 5-storeys
4-storeys 16.3 m
3-storeys 14.0 m
Minimum Landscaped Open 45% 45%
Space
1.4 spaces / unit (80)
Minimum Parking Spaces
1.54 spaces / unit (80)
Staff are of the opinion that the apartment building should be no taller than 4 storeys in height;
the 4 storey and 3 storey portions of the building should be set back a minimum of 15 m and 10
m, respectively from the rear lot line of all the surrounding properties zoned R1C (Residential
Single Family 1C Density); and covered porches should not be allowed to extend more than 1.2
m into the required yards; all to better ensure land use compatibility is achieved between the
apartment building and the surrounding dwellings. Because the proposed apartment units are
large (109 - 139 sq m / 1175 - 1500 sq It) and will likely be owned by parties having more than
one vehicle, and are planned to be under condominium ownership, staff recommend that the
parking standard be increased from 1.4 spaces per unit to 1.54 spaces per unit. The higher
standard would require the same number of parking spaces that are currently proposed to be
provided even though fewer units would be allowed (52 vs. 57).
The City's Zoning By-law does not allow accessory buildings to be located in the front yard and
limits their height to 4.6 m (15 It). The reason for this standard is to prevent unsightly and overly
July 17, 2000 - 5 - PD-2000-84
large garden sheds and similar structures fi'om being placed in front yards where they are highly
visible and may hinder the character of an area. In this case, staff are not adverse to the proposed
accessory structure (community centre building) being located in the front yard of the apartment
building, nor its height of 7.6 m (25 fi) because it is an integral part of the development, set back
the standard distance from the front lot line and will be architecturally integrated with the
apartment building.
4. Will Site Plan Approval be required?
Yes. All apartment projects are subject to Site Plan Control. Through this process the applicant
will have to prepare detailed drawings addressing the provision of landscaping, fencing, grading
(drainage), curbing, the location of the driveway, etc. Before Site Plan Approval can be granted
the applicant will have to address the Region's concems regarding the location of the driveway
and traffic.
CONCLUSION:
Based on the foregoing, staff are of the opinion that an amendment to the Zoning By-law can be
supported to permit the construction of an apartment building on the land. However, staff recommend
that the development be reduced in height and density to comply with the City's Official Plan and to
better ensure that it will be compatible with the adjoining detached dwellings.
Prepared by:
Ken Mech
Planner 2
Respectfully submitted:
w P. Lustig ~/'
Chief Administrative Officer
Recommended by:
Doug Darbyson
Director of Planning & Development
Approved by:
//~r/~e~.,.4 /
KM:gd
FILE: S:XPDRX2000~PD2000-84.wpd
SCHEDULE 1
LOCATION MAP
Subject Land
Iv
.
Arad
Amending Zoning By-law No. 79-200
6513, 65 15, & 6525 McLeod Road
Applicant: 2M Architects
c/o Pingue & Sons Construction
Lucy Pingue
Cathy Sheppard
AM- 19/2000
I:NTS
SCHEDULE 2
SITE PLAN
Me LEOD ROAD
PROPERTY DESCRIPTION
RECEIVED
',! '~Y 15 20OO I~1
,,:VELOR~d~IT
PARKING ALLOWANCE
COVERAGE TABLE
Wm. Vandertang
7323 Wilson Cr.
Niagara-Falls Ont.
L2G 4R8
Niagara-Falls July 10 th 2000
Ref. Zoning By-law # 79-200
City File A~ 19/2000
We and people of Wilson Cr. disagree with
Council ~ decision.
Because
It will be open Season for Apartments and Commercials
buildings,one lawyer wanted to build a Restaurant on
corner Wilson Cr and r;~c Leod Rd, but was than turned dow~
What specific Apartment will this be ?
Low Rental,what will bring down the value of our houses.
The biggest problem will be the extra trafic from
~arineland and Casino,Mc Leod is a Racetrack. School busses
to the Ecole Notre Dame school,parents bring there chilSren
to school and Day Care,what will it be with a other 100
cars from the Apartment, we have now already trouble getting
in and out of Wilson Cr. we must have traffic lights on
corner Wilson Cr. and ~c Leod Rd. which was turned down
before, to help the schoolchildren and us to cross
Mc Leod Rd-
Yours truly ·
RECEIVED
JUL 1 I 2000
LANNING
s OEVELOPI IENT
Diane Malatest
6555 McLeod Road
Niagara Falls, Ontario
L2G 3G3
I am the owner of 6555 McLeod Road. Our home has been occupied as a single
family dwelling by my family and myself for 44 years.
Benefit is the size of our lot. Although our home faces a busy street, the deep lot
offers privacy and quiet. This recently has been disturbed by the development of an
apartment building on one side of property. This has resulted in many disturbances of my
family's enjoyment of our home.
There is constantly garbage from the apartment building ending up on our
property. There is annoying noise and traffic noise from the residents of the apartment
building at all hours of the day and night. Many nights we are awaken by police activity
at the apartment building.
We have also noticed a decline in the upkeep of properties along McLeod Road
that maybe the result of non-owner occupied residence.
RECEIVED
JUL 11 2000
PLANNING
& DEVELOPMENT
Mary Malatest
6481 Margaret St.
Niagara Falls, Ontario
L2G-2T4
(905) 354-9883
As owners of 6555 McLeod Road, we are very upset with the proposed rental units to
be built at 6513,6515,and 6525 McLeod Road. As owners, we have been heart broken by
the total lack of care and maintenance of the property to the west of us. We are
constantly collecting garbage that has ended up on our property from the garbage
container that is constantly over flowing with trash. The fence belonging to the owners of
the rental complex is in dire need of repair or replacement. The area surrounding their
fence is overgrown with weeds and grass and very seldom cut. Many times we have been
at the home and witnessed police activity at the rental units. As a result, we have noticed
a decline in the upkeep of properties along McLeod Road that may be the result of non-
owner occupied residencies. With this knowledge and experience, the proposed buildings
would only increase these detrimental conditions.
Mary Malatest
RECEIVED
JUL 1 I 2000
pLANNING
& DEVELOPMENT
Randy Malatest
6995 Harovics Lane
Niagara Falls, Ont.
L2G7S7
As the son of the current owner and grandson of the previous owner I have seen a
tremendous decline in the general appearance and maintenance of the building and area
surrounding the rental units west of 6555 McLeod Rd. Upon my many visit's to the
propeay for various reason's, I have had to pick up garbage that has entered the yard
from the rental unit's, repair the fence that is in terrible need of repair or replacement,
have made numerous call's for their garbage bin to be emptied, as I have seen it
overfilled many times. Without any improvement in any of the above mentioned
problem's I can assure you that this type of building is detrimental to the neighborhoed
and the surrounding area.
JUL 11 2000
Petition
against zoninE by-law amendment application
to amend Zoning By-Law No. 79-200
City file: AM-19/2000
The amendment is requested for three parcels of land
known as 6513, 6515 and 6525 Mcleod Rd. The
amendment is to permit the construction of a 5- STOREY,
57 UNIT APARTMENT BUILDING, AND A
SEPARATE 2,400 SQUARE FOOT ACCESSORY
BUILDING.
This petition is to handed in at the public meeting where
the City Council will decide on this matter. In the Council
Chambers, City Hall, 4310 Queen street.
Monday, July 17, 2000 at 7:00 p.m.
RECEIVED
JUL 11 2000
pLANNING
8, DEVELOPMENT ,...----
PETITION
I object to the proposed development on 6513, 6515, 6525, and
6390, 6402 McLeod Road Niagara Falls, Ontario. I am a resident
in the McLeod Road area.
ADDRESS
SIGNATURE
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RECE|VEO
JUt- I 1 2000
OEVELOPMENT
PETITION
I object to the proposed development on 6513, 6515, 6525, and
6390, 6402 McLeod Road Niagara Falls, Ontario. I am a resident
in the McLeod Road area.
1 /
7.
8.
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NA_MF~ ADDRESS
SIGNATURE
JUL ~ 1
PLANNING
DEVELOPiV[ENT
PETITION AGAIN ST ZONING B Y -LAW AMENDMENT APPLICATION
TO AMEND ZONING BY-LAW NO. 79-200 City file: AM-19/200
NAME ADDRESS SIGNATURE DATE
RECEIVED
JUL ~ 2ooo
PLANNING
~ ~,,,~ ~u~_w~ ~ ~l'~t~t~ ~ X-LAW AMENDMENT APPLICATION
TO AMEND ZONING BY-LAW NO. 79-200 file: AM-19/200
)ATE
Rir, UF.-IVED
JUL 11 201~/
&
PETH'ION AGAINST ZONING B Y-LAW AMENDbIENT APPLICATION
TO AMEND ZONING BY-LAW NO. 79-200 City file: AM-19/200
NAME
ADDRESS
SIGN~ DATE
.f u L y t,-;~
· ~'"b ,oloo
,~ir,,,~t::BVED
JUL 11 2000
& DEVEL~NT
PETITION
I object to the proposed development on 6513, 6515, 6525, and
6390, 6402 McLeod Road Niagara Falls, Ontario. I am a resident
in the McLeod Road area.
NAME ADDRESS SIGNATURE
DIRECTOR OF PLANNING & DEVELOPMENT
6470WENDYDRIVE
JULY 10, 2000
SUBJECT: ZONING AMMqEMENTFILEAM-19/2000
6513, 6515,. add 6525MclEODROAD
HAND DELIVERED JULY 11, 2000
We appreciate your request for cut~fents regarding the zoning amendment for the
above parcels of land.
Our objections lie, not in the construction of the 5-storey apartment building
but, in what will happen on McLeod Road if rothing is done to acc~L,t~date the
traffic tie-up that will certainly occur if plans are not included for a traffic
light at the corner of Wilson Crescent, as well as a widening of McLeod ~oad.
We have spoken to many of our neighbours who will be responding also. These
are our concerns:
It is difficult now to make left and right turns onto McLeod because
of the already heavy traffic due to Marineland and the school on
Wilson, as well as the existing casino.
2. More traffic will be generated by the residents of the proposed
apartment building.
As McLeod Road is a main artery into Niagara Falls, traffic will be
increased even more upon construction of the new casino on Murray
Street o
The proposed zoning change would not appear to adversely affect the neighbourhood,
but we want to reiterate that the traffic will.
We would appreciate your consideration regarding our concerns and will look
forward to receiving notification of the outcome of Council's decision.
/
RECEIVED
JUt 1 I 2000
& DEVELOPMENT
TO: DIR~"IDR OF PLANNING & DEVELOPMENT
6475 WER~DY DRIVE
DATE: JULY 10, 2000
SUSIECT: ZONING Ab~I~[X4ENT FIIE AM-19/2000
6513, 6515 and 6525 McLEOD ROAD
HAND DELIVERED JULY 11, 2000
We appreciate your request for cu,.~t,.e. nts regarding the zoning ~t for the
above parcels of land.
Our objections lie, not in the construction of the 5-storey aparhnent building
but, in what will happen on McLeod Road if nothing is done ~o acc~m'odate the
traffic tie-up that will certainly occur if plans are not included for a traffic
light at the corner of Wilson Crescent, as well as a widening of McLeod Road.
We have spoken to many of our neighbours who will be responding also. These are
our concerns:
1. It is difficult now to make left and right turns on to McLeod because
of the already heavy traffic due to Marineland and the school on
Wilson, .as well as the existing casino.
2. ~bre traffic will be generated by the residents of the proposed
apartment.
3. As McLeod Road is a main artery into Niagara Falls, traffic will be
increased even more upon construction of the new casino on Murray Hill.
The proposed zoning change would not appear to adversely affect the neighbourhood,
but we want to reiterate that the traffic will.
We would appreciate your consideration regarding our concerns and will look
forward to receiving notification of the outozme of Council' s decision.
Cleveland Strickland
Mary Faye Strickland
RECkiViED
JUL 11
PLANNBNG
& DEVELOPJ' ENT
NI~. F~LS CLERKS '00 0711 1567
The Director of Planning and Development, City Hall
43 10 Queen Street,
Niagara Falls, Ontario, L2E 6X5
Re: City File AM-19/2000
To whom it may concern,
Tuesday, July 11, 2000
The following is to inform you of the growing concern of the community
surrounding l~cole Notre-Dame-de-la-Jeunesse located 7374 Wilson crescent in regards
to safety at the intersection of Wilson crescent and McLeod road in the city of Niagara
Falls. Please find attached a copy of the petition which outlines the situation and the
wishes of the community in regards. Also attached are the signature pages which
unfortunately only represent the small minority whom we were able to reach in such a
short time. Please accept and consider the points introduced in the petition. We trust that
you will take the necessary steps to ensure the safety of all concerned.
Should you need any other clarifications or information please do not hesitate to
contact myself or Maggie Jackson and we will be glad to answer any questions you may
have.
Cordially,
Joey Jackson
Member ofthe community
(905) 371-0746
or (905) 374-8606
Fax (905) 371-9781
jacks onj 2 @home. co m
CC.
Joe Cousins, Assistant Director - Transportation services, Region of Niagara
Christine Haymes, Principle, l~cole Notre-Dame-de-la-Jeunnesse
l~laine Legault, President, Conseil scolaire de district catholique centre-sud
Re: City File AM-19/2000
Ladies and Gentlemen:
Notice has been served that an application has been made to change the zoning of the
parcel of land at 6513, 6515 and 6525 McLeod Road, in the City of Niagara Fails, to
allow the construction of a 5 story, 57 unit apartment building. It is unclear from the
documentation which accompanied the notice, whether the driveway leading to the
proposed apartment building would be offset from Wilson Crescent, or directly across
McLeod Road from this intersection.
The local residents, as well as those persons having business with the elementary school
l~cole Notre-Dame-de-la-Jeunesse, are well aware of how busy this intersection can be
during school hours, on weekends, and during the summer months when there is a
significant amount of tourist traffic. We would like to express concern that the
placement of the entrance to this complex may increase the difficulty which motorists
have to deal with at this intersection. Any offset in the alignment of the driveway with
Wilson Crescent will create a significant hazard to all concerned.
Also, please consider the anticipated increase in the number of cars attempting to tum
onto McLeod Road from either Wilson Crescent, or the driveway of the proposed
apartment complex.
With these things in mind, and considering the safety of our families, neighbors and
children, we the undersigned request that the following proposals be considered by
council at this time:
1) That the city of Niagara Falls perform or arrange for a Traffic Impact Study to be
performed at that intersection and that Regional standards notwithstanding, a traffic
light be installed at the intersection of Wilson Crescent and McLeod Road to ensure
the safety of all concerned.
2) That approval of the proposed rezoning be contingent on the developer showing that a
proper and safe alignment of the driveway of the proposed apartment complex and
Wilson Crescent, be shown on the site plan and included on all applications for
building permits.
Thank you
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,""T'>, ..
6545 Hawkins St.
Niagara Fails, ON
L2G 3B9
July 7, 2000
Attention: Director of Planning and Development
Re File AM- 19/2000
I am not in fayour of this development. I feel it will be an eye sore from my house.
In addition it will increase traffic on McLeod Rd and possibly increase the amount of subsidized
housing in this area and we already have enough on Dell Ave.
Which I worry will eventually decrease the value of my home.
L
RECEIVED
JUL 12 2000
PLANNING
& DEVELOPMENT
Planning & Development Department
4310 Queen Street
P.O. Box 1023
Niagara Falls, ON L2E 6X5
web site: www,city.niagarafalls.on.ca
Fax: 356-2354
E-mail: nfplan@city.niagarafalls.on,ca
Doug Darbyson
Director
PD-2000-83
July 17, 2000
His Worship Mayor W. Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re:
PD-2000-83, Official Plan Amendment Application
AM-24/2000, 800460 Ontario Limited and Peter Aiello
RECOMMENDATION:
It is recommended that Council approve Official Plan amendment application AM-24/2000
to redesignate the subject lands from Tourist Commercial to Residential.
BACKGROUND:
The City has received an application to amend the Official Plan from 800460 Ontario Limited (Eric
Henry) and Mr. Peter Aiello. The application proposes to change the designation of the lands from
Tourist Commercial to Residential.
The amendment applies to two parcels of land, as shown on Schedule 1, which together comprise
the subject lands. Parcel 1 is a 8.19 ha (20.24 acre) parcel of land situated on the west side of Kalar,
(420 feet) north of Lundy's Lane. Parcel 2 is a 1.105 ha (2.73 acre) parcel of land immediately
abutting the north side of Parcel 1, fronting on the west side of Kalar Road, south of the CN
Railway. The larger parcel is subject to an agreement of purchase and sale between 800460 Ontario
limited and Badger Farms Limited.
PLANNING REVIEW:
The following is a summary of staff s assessment of the application.
1. What are the land uses surrounding the site?
The lands to the west of the subject property are designated Tourist Commercial and are
currently occupied by the K.O.A. Niagara Falls Campsite. The lands to the south of the
subject property are the site of several commercial establishments, including a number of
motels, Oh Canada EH, and a heating and air conditioning servicing depot. These lands are
also designated Tourist Commercial in the Official Plan and have a mix of Tourist
Commercial and General Commercial zoning. The small triangular parcel of land located
to the north of the subject lands and bordered by the CN Rail Line are also owned by Mr.
Working Together to Serve Our Community
July 17, 2000 - 2 - PD-2000-83
Aiello and are currently occupied by a restaurant/bar and accessory parking (site of a former
service station). North of the rail line is an auto wreckers yard and contractors yard. Finally,
the Orchard Grove subdivision is situated adjacent to the subject property on the east side
of Kalar Road, and is designated Residential in the Official Plan.
2. How are the lands expected to develop?
The application does indicate a future application to rezone the lands from the current
Tourist Commercial zone to an R1E zone will be submitted in due course should this
application be approved. A conceptual layout, which would indicate how the lands would
be developed for residential purposes, was not submitted with the application. Development
of the property for single detached dwelling units will also necessitate a plan of subdivision
application. Both the zoning amendment and plan of subdivision processes will provide the
opportunity for further public input.
3. Are municipal services available to service the subject lands?
There is an existing watermain along Kalar Road which would be suitable to service the
subject lands. The sanitary flow from any development on these lands would need to be
directed to the Orchard Grove subdivision to the east. Further study will be required later
on in the design stage to determine if the development can be serviced by gravity flow or
whether a pumping station will be required.
The subject lands are located in the Beaverdams Creek Watershed. The developer shall
undertake proper storm water management techniques during the design of the subdivision
or development. At the plan of subdivision stage, the developer will be required to dedicate
a 3.14 m (10.30 foot) mad widening strip along Kalar Road to the City.
How does the proposal affect the City's current Tourist Commercial Planning
Program?
For the most part, lands immediately adjacent to the north and south side of Lundy's Lane
are designated as Tourist Conunercial in the City's Official Plan. With the exception of the
subject lands, and other lands between Kalar Road and Garner Road, the Tourist Commercial
designation does not extend anywhere near the same depth from Lundy's Lane. The
applicant has excluded the southeast comer of lands owned by Badger Farms from this
application. These lands, which immediately abut Lundy's Lane, would still be able to
develop for commercial purposes thereby maintaining the existing character of commercial
development in this area as per the intent of the Official Plan.
Official Plan Amendment No. 26 recognizes the Lundy's Lane Satellite District as providing
a commemial corridor for City residents and a supporting commercial corridor for tourism
functions. Commercial development is to be at a small to medium scale. Considering the
lands for alternative land uses, while maintaining lands for commercial development
immediately abutting Lundy's Lane, would be in keeping with the intent of O.P.A. No. 26.
If the subject lands (22.97 acres) were developed to their optimum potential for tourist
commercial purposes then there could be impacts, such as traffic, on the Orchard Grove
subdivision to the east. Based on the above, alternative land uses to the current Tourist
Commercial designation of the subject lands could be considered.
July 17, 2000 - 3 - PD-2000-83
5. Is residential development an appropriate land use to consider for these lands?
The above section concluded that land uses altemative to tourist commercial development
could be considered for the subject lands. General commercial and/or industrial
development could have similar impacts on the existing Orchard Grove subdivision as tourist
commercial development.
From a general planning perspective, residential development on the subject lands would
provide a logical extension of the existing Orchard Grove subdivision east of Kalar Road.
The subject lands are also situated in close proximity to the Northwest Secondary Plan area
which is reaching its built-out stage. The subject lands comprise only about 23 acres of land,
provide an extension of the Orchard Grove subdivision, and the lands can be appropriately
serviced.
On a more site specific basis, there are some issues which will need to be addressed with
respect to land use compatibility. Hodgson Custom Rolling is on the east side of Kalar Road
just opposite the northeast area of the subject lands. Air (noise, odour, dust) impacts from
the industrial operation on the Orchard Grove subdivision were a significant concem with
that plan of subdivision. Studies were completed and the existing design eventually
accepted. Any specific residential development proposed for this site will have to provide
an appropriate buffer and attenuation measures based on a qualified study. Based on the
accepted proximity of the Orchard Grove subdivision to Hodgson Custom Rolling Inc. and
the subject lands being on the opposite side of Kalar Road, it would appear that this issue
could be adequately addressed at the plan of subdivision and zoning by-law amendment
application stage. The Regional Planning & Development Department has indicated specific
studies should be required to address this issue as well as noise impacts from the railway at
the plan of subdivision stage. The Region's comments are attached as Schedule 2.
Any site specific residential development will also have to provide a buffer distance for the
railway. Noise and vibration attenuation may also be an issue with respect to the railway.
CN Railway asked for specific policies requiring noise and vibration studies, as well as
safety measures for any development. The railway's comments are attached as Schedule 3.
The Official Plan policies require that residential subdivisions in close proximity to railway
operations will be subject to noise and vibration impact assessment. Any future residential
development on the subject lands would also have to be sensitive to the existing commercial
development along Lundy's Lane such as the motels, Hu-Ero Heating and Air Conditioning,
and, in particular, K.O.A. Campground which abuts the entire west side of the subject lands.
The Niagara Falls K.O.A. Campground has submitted comments with respect to the
proposed application. They are concemed about residential development taking place in
close proximity to their trailer park. Presently, both the zoning and licensing by-laws require
a 200 foot buffer between camp sites and any residential zone or lot boundary. The way the
licensing by-law is structured, any future residential zone could impede on any existing
campground sites established after 1991. Furthermore, the campground has indicated the
same philosophy behind the 200 foot buffer for the campground should apply to any
proposed residential development on the subject lands. The campground representatives
have indicated a concern about receiving complaints about noise and smoke should
residential development occur on the subject lands. The campground's comments are
attached as Schedule 4.
July 17, 2000 - 4 - PD-2000-83
It is possible to provide the appropriate buffer distances at the subdivision design stage.
Parkland and stomi water management features could assist in providing buffers and
minimizing land use compatibility issues. Raising these issues now will assist the developer
in having regard to these issues in later planning stages.
In addition to the above, the Regional Planning Department has advised there is a potential
for aboriginal sites (campsites and hunting stations) to be located on the subject lands. An
archeological assessment will be required prior to any development or site disturbance.
CONCLUSION:
Optimum development of the subject lands for commercial purposes could impact on the Orchard
Grove subdivision to the east, particularly with respect to traffic. Historically, tourist commercial
development along Lundy's Lane has not occurred to a depth which would include the subject lands.
Developing the lands for residential purposes would provide for an extension to the Orchard Grove
subdivision development. Any future development of the lands should be sensitive from a design
perspective with respect to adequate buffer distances between future residences and Hodgson
Custom Rolling Inc., the railway tracks, and commercial development along Lundy's Lane,
including the campground. Future development by subdivision plan and rezoning will be subject
to further public meetings before Council.
Prepared by:
Dave Heyworth
Planner 2
Recommended by:
oug arByso
Director. of Planning & Development
Respectfully submitted:
Edward P. Lustig
Chief Administrative Officer
Approved by:
Tony Ravenda
~vExecutive Director of Corporate Services
DH:gd
Attach.
FILE: S:',PDRX2000XPD2000-83.wpd
SCHEDULE 1
LOCATION MAP
Subject Property
Amending Schedule 1 to the
Official Plan Future Land Use
Part of Township Lots 122 and 134, City of Niagara
Falls, formerly Township of Stamford, Regional
Municipality of Niagara.
Applicant: 800460 Ontario Ltd.
c/o Fruitbelt Developments
Peter Aiello
AM-24/2000
I:NTS
2000
SCHEDULE 2
PLANNING AND DEVELOPMENT DEPARTMENT
The Regional Municlpar~ of Niagara
3550 $chmon Parkway, P.O. Box t042
Thorold, Ontario L2.V 4T7
Telephone: (S05) 884-3630
Fax: (S05) 641-5208
E-mail: plane. regional,niagara, on.ca
June 30,2000
Mr. Doug Darbyson
Planning Director
City of Niagara Falls
4310 Queen Street
Niagara Falls, ON L2E 6X5
Dear Mr. Derbyson:
Re:
Proposed Official Plan Amendment
Redesignate Tourist Commercial Lands for Residential Oevelopment
Kalar Road, north of Lundy's Lane
CIty of NIagara Falls
Your_File: AM-2412000 {800460 Ontario Ltd,)
This application proposes to redesignate a vacant tourist commercial property to Residential to
permit the lands to be developed for residential purposes by future plan of subdivision.
From a Regional Planning perspective, we are not opposed to the approval of this application
within the Niagara Falls Urban Area Boundary according to the Regional Policy Plan. There are,
however, several issues from a Provincial review perspective to consider.
These lands are situated to the southwest of the Hodgson Steel plant which, by its nature and
scale, is classified as a Class III (heavy) industry under the Ministry of the Environmenrs (MOE)
D-6 Guideline, Compatibility Between Industrial Facilities and Sensitive Land Uses. Tt~e potential
influence area of Class III industries in which impacts can be expected is 1,000 metres. The
Ministry of the Environment (MOE) guideline recommends the submission of an air quality study
(noise, odour, dust) for any "sensitive" (e.g. residential) land use proposed within the influence
area of an industry. This would include a noise assessment of stationary noise. In addition, the
guideline normally recommends a minimum separation distance of 300 metres. There are
exceptions to this where, as a result of infilling, urban redevelopmint and/or a transition to mixed
use taking place, it may not be possible to achieve the recommended minimum separation_
This is an area of mixed land use use consisting of.' toudst commercial development to the south
along Lundy's Lane and to the west consisting of campgrounds; residential development to the
east (Orchard Grove Estates, Hodgson neighbourhood) and northeast (Beaver Valley
subdivisions); and industrial uses to the north (auto wreckers, Altieri site) and east (Hodgson
Steel). HodSson Steel and the 5-0 Taxi operation form an isolated pocket of industrially-
designated lands among residential and agricultural lands.
The Orchard Grove Estates subdivision was approved adjacent to HodSson Steel without any
required separation. Although a 300 mitre minimum separation was originally requested for the
Orchard Grove proposal, the MOE accepted the proposed development without a physical
separation based on the recommendations and implementation of an air quality study. A noise
barrier was erected to attenuate noise emanating from the HodSson operation. Other measures
included limiting specific dwellings to one storey and notifying potential purchasers of the
existence of Hodgson Steel.
Given the Ministry of the Environment's previous position on the Orchard Grove Estates
development, which is located closer to Hodgson Steel than these lands, it may also be
reasonable in this situation to consider a reduced separation based on the results and
recommendations of an air quality study. The study would examine the impact of the Hodgson
operation in terms of noise, odour and dust emissions and recommend measures to mitigate the
Impacts. The study would be required as part of a future subdivision or site plan application for
these lands. As Hodgson Steel is a stationary noise source, the MOE will be required to review
and approve the study.
The lands are also adjacent to the CNR. The noise assessment will also have to address the
Ministry of the Environment's noise mitigation requirements from the railway.
In addition, these lands are tributary to the Beaverdams Creek to the north and northwest.
Stormwater management requirements will have to be addressed through the draft plan and/or
site plan approval process, A stormwater management plan will be required at that time.
Originally, the Orchard Grove site was thought to exhibit a moderate potential for the discovery of
heritage resources based primarily on its proximity to War of 1812 military battle sites and camps
associated with Lundy's Lane. Information provided by the City of Niagara Fails Board of
Museums, however, indicated that the Orchard Grove site was not central to War of 1812 actions.
Nevertheless, these lands are located adjacent to Kalar Road, a relatively eady transportation
corridor, and near Lundy's Lane, also an eady transportation corridor. This suggests that 19r"
century pioneer sites may be present on the property. In addition, a tributary of Beaverdams
Creek is close to or crosses the northwest comer of these lands. This suggests a potential l'or
aboriginal sites (smaller campsites and hunting stations) to be located on the subject lands.
Based on the above, it appears that an archaeological assessment will be required prior to any
development or site disturbance.
In conclusion, while residential development is acceptable in this location from a Regional
planning perspective, the proposed residential development affects a number of Provincial
planning interests that should be addressed through the development review and approval
process, the pdmary one being land use compatibility between industrial and sensitive land uses.
The City should, however. consider the inclusion of a policy in the Official Plan Amendment (i.e.
special policy area) indicating that the above study(los) would be required as pan of a
development application for these lands.
Please send notice of the City's decision.
Yours truly,
.~Fiyl ·
Fa
Assista'nt Planninctor
PB/jju
C:
Councillor W. Sineaton, Regional Munidpality of Niagara
Ms. B. Ryter, Ministry of the Environment. Hamilton, ON
Mr. P. Timmine, Ministry of Citizenship, Culture and Recreation, London, ON
Mr. O. Cherrington, Regional Public Works .
pb/Dst~yson-~
SCHEDULE 3
Mr. Doug Darbyson
Director of Planning and Development
4310 Queen Street
Niagara Falls, Ontario
L2E 6X5
8~' Floor
277 Front Street West
Toronto, Ontario
M5V 2X7
27 June 2000
Your File: AM-24/2000
Our File: TZ-4500-N-04
Dear Mr. Darbyson:
Re: Proposed Official Plan Amendment
West of Kalar Road, north of Lundy's Lane and south of CN Railway
We have reviewed your submission dated 16 June 2000, requesting comments with
respect to the above noted proposal and request that the following policies be included
Official Plan Amendment:
"Any proposed development will be required to undertake noise and vibration
studies, to the satisfaction of the City and the Ministry of the Environment in
consultation with the appropriate railway, and shall undertake appropriate measures
to mitigate any adverse effects from noise that are identified."
"Development adjacent to railways shall ensure that appropriate safety measures
such as setbacks, berms and security fencing are provided, to the satisfaction of the
Town in consultation with the appropriate railway."'
Should Council decide to approve the Amendment without incorporating the above
policy, we have no alternative but to request that this Amendment be referred to the
Ontario Municipal Board pursuant to the provisions of the Plannine Act, R.S.O. 1990,
C.P.13.
We Would appreciate the opportunity to comment on any proposed modification prior to
its adoption, and ultimately, we request notice of the Amendment being approved.
Should you have any further questions, please do not hesitate to contact the
undersigned at (416) 217~6466.
Yours truly,
Terry Stortz
Development Review Coordinator
RECEI' ED
: JUL 0 7 2000
i PLANNII ,G
y & DEVELO Pt tENT
SCHEDULE 4
~ ~ /"' 8625
r_-'_~.~ ' *~ '~ ':'~' ~.--:-'r~ Niagara Fails, Ontario
-. ~ ,~.~..~' .;,. -'% C'~'~"*"~'.~; . :-. Znada'L2H1H5
~-' ,.. ,_ ~ ...... ~- ~ -
K'axn]3 rroux ds ot .t n ez'ica (t a ada) Ztd.
July 6, 2000
Niagara Falls KOA Kampground
Elizabeth and Jim Williams
Mr. Wm. Clark or Mr. Dave Hayworth
Planning & Development Department
CITY OF NIAGARA FALLS
4310 Queen Street
PO Box 1023
Niagara Falls, ON
L2E 6X5
Dear Sirs:
t .tNt'/dOqgAgO 'e
, 9NINNV'Id
!
O00Z 0 & 'lAP
8625 Lundy's Lane - Niagara Falls KOA Kampground
Public Meeting Notice - Official Plan ,~mendment ,4pplication
City File: .4M-24/2000 - Pursuant to the provisions of the Planning ,4ct
Thank you for your recent visit to our campground, Mr. Hayworth. We appreciate the time you
have taken to document our concerns re the above very important zoning proposal. We believe it will
adversely affect and impact upon our very viable campground tourist industry.
I do not believe this change of land use should be permitted since it would be in direct conflict with
our long-established, very, reputable business entity. Some of the reasons are as follows:
Almost all of the land between Lundy's Lane and the CN tracks to the west of the proposed
subdivision is currently being used as trailer/RV parks. This use has continued for more than
25 years. The RV parks are some of the best in Canada, with our Niagara Falls KOA winning
the coveted Kampgrounds of America (KOA) "~anchisee of the Year" award for the
International Franchisee of the Year in 1999 - 2000 Out of approximately 500 franehisees,
we were so chosen because of the service we provide to our camping customers and the
many years of dedication and innovations at our campground in welcoming the many tourists
who make Niagara Falls their destination vacation.
Phone: 905-355-CAMP, 905-354-6472 Winter: 905-563-7717
"Reservations Only"ln Canada 1-800-506-2267
City of Niagara Falls - 2 - July 6, 2000
Residential areas and RV parks may be conflicting uses. A successful park must cater to the
campers desire to enjoy a dean, well-managed campground. Activities that appeal to the
camper may not coincide with any residential use. These activities include music, group
sports activities, etc. While any noise must cease at 11:00 p.m., this may be later than many
residential people prefer.
If residential use is permitted, then a minimum 200' buffer zone is essential. This is currently
part of the RV park requirement and would help the possible problems outlined in #2. above.
For Niagara Falls, it would seem inappropriate to change land use to residential. There is a
severe shortage of tourist related activities in the area now. The city would benefit greatly
if more activities were provided. Two examples of highly successful US cities are Pigeon
Forge, TN and Branson, MO. Pigeon Forge has eight theaters (evening shows) and one
dinner theater and is very successful. Branson has approximately eighty shows daily and is
a booming tourist industry.
Luckily, we do have Marineland, the Casino, Oh Canada EH?! etc. but our city needs more
like-minded businesses to maintain our tourist industry. The Ontario Provincial Government
is promoting Niagara Falls as "the" city to visit, both in the winter and the other seasons of
the year.
Mention should be made of Oh Canada EH?! This was a very expensive building, intended
to enhance the tourist operation in Niagara Falls. Hopefully, similar business venues can be
found to further improve the tourist corridor in this area.
If possible, I, or a representative would like to attend and address the council meeting, July
17, 2000, with our letter of concern.
We would also like to go on record as requesting the opportunity to be present whenever this
zoning matter is being discussed as it would be in our best interest to be in attendance.
Thank you for your consideration of the above.
Yours respectfully,
~l/f~W~i~lliams~/',~z~'
President
Planning & Development Department
4310 Queen Street
P.O. Box 1023
Niagara Falls, ON L2E 6X5
web site: www.city.niagarafalls.on.ca
Fax:
E-mail: nfplan@city.niagarafalls.on.ca
July 17, 2000
Doug Darbyson
Director
PD-2000-80
His Worship Mayor W. Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re:
PD-2000-80, Public Meeting
Vegter Estates Draft Plan of Subdivision
File: 26T-11-2000-04
Owner: Jack & Diane Vegter
RECOMMENDATION:
It is recommended that Council consider input received at the Public Meeting and refer all
matters to staff for the review of the Vegter Estates Draft Plan of Subdivision.
BACKGROUND:
The purpose of this Public Meeting is to receive information and provide an oppommity for the
public to comment on the proposed subdivision. The Planning & Development Department will
consider all comments received tiom the public, Region, agencies and City departments and prepare
a recommendation report to Council at a future meeting. There is to be no decision made at the
meeting held tonight. Notice of the Public Meeting was given in accordance with the requirements
of the Planning Act. The apphcant has been invited to attend this Public Meeting to provide an
overview of the subdivision proposal and answer any questions.
PROPOSAL:
The applicant proposes to subdivide a 1.166 hectare (2.88 acre) site into 11 single-detached lots and
1 block containing an existing dwelling. The property is on the northwest comer of Thorold Stone
Road and Kalar Road (see location map). The proposed cul-de-sac street has access from Kalar
Road. The City's Official Plan designates the property Good General Agricultural and the site is
zoned A (Agricultural) through Zoning By-law 79-200. The applicant has requested the Official
Plan be changed to Residential and the zoning be changed to the R1D (Residential Single Family)
classification to permit the proposed plan. These related amendment applications (File AM- 16/2000)
will be subject to a Public Meeting at a later date. In addition, Regional Niagara is reviewing
proposed Regional Policy Plan Amendment 147 to include this land within the City's Urban Area
Boundary which currently is along Kalar Road.
Working Together to Serve Our Community
July 17, 2000 - 2 - PD-2000-80
CONCLUSION:
The Public Meeting is an important part of the consultation and input process in the review of
development applications. This meeting satisfies the requirements of the Planning Act. Comments
received will be considered in preparing the recommendation report on the proposed subdivision.
Prepared by:
Richard Wilson
Planner 1
Respectfully submitted:
Edward P. Lustig ~
Chief Administrative Officer
Recommended by:
Doug Darbyson
Director of Planning & Development
Approved by:
Tony Ravenda
~Executive Director of Corporate Services
RW:tc
Attach.
FILE: SAPDR',2000XPD2000-80.wpd
Proposed Plan of Subdivision
Vegter Estates
26T-11-2000-04
Thorold
Subject Land
Location Map
Planning & Development Department
4310 Queen Street
P,O. Box 1023
Niagara Falls, ON L2E 6X5
web site: www. city.niagarafalls,on.ca
Fax:
E-mail: nfplan@city.niagarafalls.on.ca
July 17, 2000
Doug Darbyson
Director
PD-2000-81
His Worship Mayor W. Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re'-
PD-2000-81, Public Meeting
Miller Road Estates Draft Plan of Subdivision
File: 26T-11-2000-05
Owner: 727604 Ontario Limited
RECOMMENDATION:
It is recommended that Council consider input received at the Public Meeting and refer all
matters to staff for the review of the Miller Road Estates Draft Plan of Subdivision.
BACKGROUND:
The purpose of this Public Meeting is to receive information and provide an opportunity for the
public to comment on the proposed subdivision. The Planning & Development Department will
consider all comments received from the public, Region, agencies and City departments and prepare
a recommendation report to Council at a future meeting. There is to be no decision made at the
meeting held tonight. Notice of the Public Meeting was given in accordance with the requirements
of the Planning Act. The applicant has been invited to attend this Public Meeting to provide an
overview of the subdivision proposal and answer any questions.
PROPOSAL:
The applicant proposes to subdivide a 30.448 hectare (75.24 acre) site into 25 estate residential lots
and 3 blocks for open space/environmental protection. The property is on the noah side of Miller
Road between Willoughby Drive and the Niagara Parkway (see location map). The proposed street
system utilizes an unopened road allowance extending north from Miller Road and internal streets
including 2 cul-de-sacs. The City's Official Plan (Willoughby Township) designates the property
Rural and the site is zoned Rural through Zoning By-law 395/66. The applicant has requested
changes to the Official Plan policies and Zoning By-law regulations to provide site specific
requirements to permit the proposed estate residential plan. These related amendment applications
(File AM-17/2000) will be subject to a Public Meeting at a later date. The land is outside of the
City's Urban Area Boundary and is designated Rural with special requirements in the Regional
Policy Plan.
Working Together to Serve Our Community
July 17, 2000 - 2 - PD-2000-81
CONCLUSION:
The Public Meeting is an important part of the consultation and input process in the review of
development applications. This meeting satisfies the requirements of the Planning Act. Comments
received will be considered in preparing the recommendation report on the proposed subdivision.
Prepared by:
Richard Wilson
Planner 1
Respectfully submitted:
E~dwafd P. Lustig '~ ""'
Chief Administrative Officer
Recommended by:
Doug Darbyson
Director of Planning & Development
Approved by:
~5~Tony Ravenda
Executive Director of Corporate Services
RW:tc
Attach.
FILE: S:XPDR',2000',PD2000-81.wpd
Proposed Plan of Subdivision
Miller Road Estates
26T, 11-2000-05
Marshal! Roa~
Location
Subject Land
June 2000
S:~subdivsionXpsubXmillefilocation.apt
CORFIELD & COMPANY, ,
John T. Corfield, C.A.
Paul R. Van Riezen, C.A.
6700 Morrison Street
Niagara Falls, Ontado
L2E 6Z8
Tel: (905) 371-2300
Fax: (905) 371-2344
E-mail: corfield@vaxxine.corn
July 6, 2000
Niagara Falls City Hall
Planning and Development Department
4310 Queen Street
Niagara Falls, Ontario
L2E 6X5
Ladies and Gentlemen:
re: Miller Road Estates Proposed Subdivision
FHe: 26T-11o2000-05
I am in receipt of the above-noted subdivision proposal, and since I am unable to attend the
meeting of July 17, 2000 at 7:00 p.m., I would like the following questions and concerns recorded:
1. I am concerned which road access this subdivision will have. Miller Road, east, off the Niagara
Parkway, Willoughby Drive through an improved Miller Road from the West or from the north
from Weaver Road ?
2. I am concemed about the traffic issues such as the impact on road surface and widening and
mixed volumes of pedestrian and vehicle traffic from the Niagara Parkway especially in the
summer months.
3. I am concerned about the surface drainage issues. As you are aware the drainage on the
developed portion of Miller Road flows from West to East through my property, at the comer
of Miller Road and the Niagara Parkway. All drains flow into the Niagara River and affect our
source of well water.
4. It would appear that there will be no municipal services for water and sewer however will
natural gas or electrical access affect my property ?
I am generally not opposed to the development but I would like the above noted concerns
addressed.
Y urs very truly,
r T. d.
~A CORFIELD & COMPANY, LLP Chartered Accountants
RECEIVED
JUL 10 2000
PLANNING
& DEVELOPMENT
Planning & Development Department
4310 Queen Street
P.O. Box 1023
Niagara Falls, ON L2E 6X5
web site: www.city.niagarafalls.on.ca
Tel: (905) 356-7521
Fax: (905) 356-2354
E-mail: nfplan@city.niagarafalls.on.ca
July 17, 2000
Doug Darbyson
Director
PD-2000-85
His Worship Mayor W. Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
PD-2000-85, Proposed Nutrient Management Strategy and
Model By-Law for Poultry and Livestock Operations in Niagara
RECOMMENDATIONS:
It is recommended that:
1)
Council support the concept of the Region's Nutrient Management Strategy and
Model By-Law for Poultry and Livestock Operations in Niagara and advise the
Region accordingly;
2) the Region consider the organization of providing training to staff; and
3)
the model by-law be reviewed in more detail by necessary City staff to ensure any
adopted by-law reflects local procedure.
BACKGROUND:
Regional Cotmcil has circulated a report (DPD-81-2000) on Nutrient Management with a request
for comments by August 4, 2000.
Nutrient management planning is a proactive approach to reducing the potential for conflicts
between livestock and poultry operations and neighbours. Nutrient management planning addresses
the production, storage and use of agricultural nutrients (manure and biosolids) in order to minimize
the social and environmental impacts of livestock and poultry operations. Regulating animal waste
has gamered significant interest following the outbreak of e-coli bacteria in the Walkerton water
supply.
The model by-law is intended to provide a consistent approach to nutrient management planning
across the Region. The Region of Niagara cannot pass a Nutrient Management Plan By-Law.
Therefore, the model by-law is designed to be adopted by the local municipalities.
Working Together to Serve Our Community
July 17,2000 -2- PD-2000-85
The model by-law was developed by a working group. Members of the Working Group included
representatives of the Niagara North Federation of Agiculture, Niagara South Federation of
Agriculture, the Niagara Peninsula Fruit & Vegetable Growers Association, a poultry producer, the
Ministry of the Environment, the Ministry of Agriculture, Food and Rural Affairs, the Niagara
Peninsula Conservation Authority, the Ecological and Environmental Advisory Committee, Regional
Planning and the Public Works Departments. The local municipalities also were invited to attend
and were sent copies of the meeting notes.
The Model Nutrient Management By-law:
Nutrient Management involves the spreading of animal waste on tillable agricultural fields as a
method to enrich soil and safely eliminate manure and biosolids. It also deals with storage of waste.
The proposed model Nutdent Management Plan By-law would apply only to those farmers who
intend to construct new or alter an existing livestock barn and/or manure system on an intensive
livestock or poultry farm as defined below.
An intensive livestock or regular poultry farm means the number of livestock units on the farm unit
is: 50 or more plus the ratio of livestock units to tillable acres on the farm unit is 2 or greater; or the
number of livestock units on the farm unit is 150 or more. This definition means an intensive
livestock or poultry operation would consist, for example, of 30,000 chicken broilers/roasters, or 150
beef cows (including calf to 150 kg.), or 600 feeder hogs.
According to the model by-law, before a building permit can be issued, an intensive livestock or
poultry operation must meet the following requirements.
a) Provide a Nutdent Management Plan
A nutdent management plan outlines the method by which nutdents will be handled in order
to avoid any impacts on the environment. The goal of the plan is to match the use of
agricultural nutdents with crop and soil needs to achieve the best growth with minimal
environmental impact.
A farmer must maintain a sufficient tillable land base as part of the plan. If the farmer uses
lands owned by others as part of the base, the lands must be within 20 km radius of the
property and there must be annual agreements between the farmer and property owner.
The nutdent management plan, which must be completed every three years, may be
completed by the faiiiier or a consultant in agriculture using a provincial computer program
or data sheets. Prior to being submitted to the Municipality, the Plan undergoes third party
review by the Ministry of Agriculture, Food and Rural Affairs.
b) Meet the Ontario Building Code Requirements
The Manure Storage facility shall be constructed in accordance with the Ontario Building
Code, provide a method for the adequate elimination or management of liquids and provide
a minimum 240 days of storage. The Ministry or a consultant must be satisfied with the
storage system.
July 17, 2000 -3- PD-2000-85
c) Satisfy the Minimum Distance Separation Formula II (MDSF)
The barn an&or manure storage facility must meet the MDS Formula of the Province. The
formula is used as a tool to provide suitable distance between new or expanding animal
operations and existing or approved development.
Implementation:
The implementation and enforcement of the by-law would rest with the municipality. The
municipahty would be responsible for sending a letter six months before the renewal date (every 3
years) to the owner and/or operator responsible for of the Nutrient Management Plan.
If a complaint is received, a municipal official will initiate an investigation within 24 hours and
determine whether a complaint involves a violation of Provincial legislation. If it does, the
complaint will be directed to the Province. The Corporation will investigate all complaints which
do not involve a violation of provincial legislation and forward them to a Regional Agricultural Sub-
committee. The sub-committee will review the complaints and determine if they are valid. If a
complaint is not valid, a response letter from the Committee is sent to the complainant outlining
why.
For a valid complaint, the Committee will provide recommended actions to resolve the problem.
Recommendations will be based on good farm management practices and advice may be sought from
the Province. If the farmer does not implement the recommendations, the municipality could trigger
the Farming and Food Production Protection Act (FFPPA) whereby the Province may attempt to
resolve a complaint or a heating of the Normal Farm Practices Protection Board could be held. If
the complaint is outside the scope of the FFPPA, the issue is then brought before the Provincial
Court system.
Local Municipal Issues
The City of Niagara Falls has some livestock and poultry barns which could be of a size which
would fall under the by-law's jurisdiction. The by-law only applies to new and/or expanding
operations. It is not anticipated the City will receive many applications for new livestock operations.
However, nutrient spreading could occur in Niagara Falls from farm operations in other
municipalities provided they are within 20 km, whether or not the City passes a by-law. Such a by-
law would help protect individual, rural, water wells and natural wetland and creek features.
Should the City adopt the suggested framework, the following points should be kept in mind:
there will be some additional work for municipal staff in keeping records of submitted
nutrient management plans and complaints;
· there may also be extra work for the City's by-law enforcement and litigation divisions;
the Agricultural sub-committee will assist by providing recommendations on how to address
complaints, the City would be left with the responsibility of enforcing third party
recommendations;
July 17, 2000 -4- PD-2000-85
the model by-law should be reviewed by necessary City staff as modifications may need to
be made to better address local procedure.
In addition, the Region should provide:
some trig of municipal staff to ensure staff recognize complaints which may be a matter
of Provincial interest, as well as to enforce recommendations from the Agricultural sub~
committee;
support services to local municipalities to customize the by-law to meet local needs.
Given the low number of expected new or expanding operations, this additional work generated to
enforce the by-law should be minimal. The proposed nutrient management strategy and by-law
would be an effective tool in helping to minimize land use conflicts between any future animal
operation and scattered rural residential development while also safeguarding the environment.
Dave Heyworth
Planner 2
Respectfully submitted:
Edward P. Lustig
Chief Administrative Officer
Recommended by:
Doug Darbyson
Director of Plarming & Development
Approved by:
Tony Ravenda
~t~Executive Director of Corporate Services
DH:lt
FILE: S:NPDR~000XPD2000-85.wpd
Planning & Development Department
4310 Queen Street
P.O. Box 1023
Niagara Falls, ON L2E 6X5
web site: www.city.niagarafalls.on.ca
Tel: (905) 356-7521
Fax: (905) 356-2354
E-mail: nfplan@city.niagarafalls.on.ca
July 17, 2000
Doug Darbyson
Director
PD-2000-87
His Worship Mayor W. Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re:
PD-2000-87, Request for Extension to Draft Plan Approval
Chippawa West Phase 2, 26T-94009
Queensway Chippawa Properties Inc.
RECOMMENDATION:
It is recommended that Council support a one-year extension to draft plan approval for the
Chippawa West Phase 2 Plan of Subdivision, conditional on the applicant maintaining the
appropriate subdivision sign on the property for public information purposes.
BACKGROUND:
The approval authority for this Draft Plan of Subdivision has been delegated to the City from the
Region. In accordance with the original draft plan approval conditions, final approval must be
obtained within two years or the draft approval will lapse. Before the initial approval period passes,
an extension to draft plan approval may be granted provided that a written request is received from
the applicant which sets out the reasons for the delay and the steps being taken to resolve the
required conditions of approval.
In order to ensure that draft plans are not automatically extended without consideration being given
to current Council policy, planning principles and contemporary requirements, requests for
extensions of draft plan approval must satisfy certain criteria and review guidelines. As part of the
conditions associated with the delegation of subdivision approval authority, the concurrence of the
Region is required before an extension can be granted.
PLANNING REVIEW:
The applicant's agent, Paladin Development Consultants Inc., has submitted a request for an
extension to draft approval of the Chippawa West Phase 2 Plan of Subdivision (see attached location
map). Original draft approval for the Plan was received from the Region on August 15, 1996.
Previous extensions have been granted.
Working Together to Serve Our Community
July 17,2000 -2- PD-2000-87
The subdivision conforms to the City's Official Plan and the land is zoned appropriately. Them are
no additional expenditures required on the part of the municipality for external or intemal servicing
or oversizing. The developer is considering modifications to the plan in response to market research.
Discussions have been held with municipal staff regarding potential changes to the housing mix, lot
sizes, and streets within the subdivision. Any such alterations to the plan will require municipal and
agency review. The developer is therefore requesting a two-year extension to draft approval.
The Region has indicated no objection to the extension of draft approval for a one-year period.
Regional practice has been to extend draft approval on an annual basis to allow a regular review of
the plan and to monitor the availability of service capacity.
The final registration of this subdivision plan, as well as others in the City, may potentially be
delayed due to servicing requirements. Niagara Falls and the Ministry of Environment (MOE) have
a development strategy in place that permits development to proceed City-wide on the basis that the
City's annual sewer program results in a net decrease in sewage flows. The City's sewer separation
program has been suspended which affects this City/MOE development strategy. Therefore, all
developments must be reviewed individually to determine their impact on localized sewage
overflows or basement flooding.
CONCLUSION:
Based on this review, a further one-year extension (until August 15,2001 ) to draft plan approval can
be supported conditional on the subdivision sign being maintained for public information purposes.
Prepared by:
Richard Wilson
Planner 1
Recommended by:
Doug Darbyson
Director of Planning & Development
Approved by:
Tony Ravenda
~'/Executive Director of Corporate Services
Respectfu/~y '2~
P. Lustig
Chief Administrative Officer
RW:gd
Attach.
FILE: S:\PDRX2000~PD2000-87.wpd
Draft Plan of Subdivision
Chippawa West Phase II
26T-94009
Subject Land
LOCATION MAP
aa
~einbrenner
Willick Road
Urban Area
' ' ~;~7 ' ' '
1: NTS
August 1~>
Planning & Development Department
4310 Queen Street
P.O. Box 1023
Niagara Falls, ON L2E 6X5
web site: www. city. niagarafalls.on.ca
Fax:
E-mail: nfplan@city.niagarafalls.on.ca
Doug Darbyson
Director
PD-2000-88
July 17, 2000
His Worship Mayor W. Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re:
PD-2000-88, Application for Site Plan Approval
SPC-29/99, 8066 to 8078 Norton Street
Proposed Five-unit On-street Townhouse
RECOMMENDATION:
It is recommended that Council approve the site plan for a proposed five-unit on-street
townhouse at 8066 to 8078 Norton Street.
BACKGROUND:
Application for site plan approval has been made by Brookdale Properties Inc. for a five-unit
on-street townhouse on the north comer of Norton and Front Streets. The applicant received
zoning approval for the development earlier this year. As shown on the attached site plan, the
development will comprise of five units fronting onto Front Street, built in one block. A single
detached dwelling is proposed for a portion of the lands fronting onto Norton Street, but which
will not be included in the site plan agreement.
A consent application to sever the parcel into five lots will be forthcoming, as the developer
intends to sell the units as freehold instead of condominium units.
Working Together to Serve Our Community
July l7,2000 -2- PD-2000-88
The site plan drawings have been satisfactory reviewed by the Site Plan Technical Committee
and, as such, approval is recommended.
Y
Planner 1
Respectfully submitted:
~Edward P. Lustig ~""'
Chief Administrative Officer
Recommended by:
Doug Darbyson
Director of Planning & Development
Approved by:
Tony Ravenda Services
~"Executive Director of Corporate
JB:lt
Attach.
FILE: S:XPDR~2000XPD2000-88jb.wpd
i
1!
~/87/86 ZZ:Zl:41 EST; RSSOCIfiTIOH 01~.-> 985 356 9883
JUN-07-00 WED 05:36 PH F~F~LLSCtfRgS'00O(~3090i FRX
TOWNSHIP OF ASHFIELD
MRS. LINDA B. ANDREW, A.M.C.T,
Cler~-Treesufer
CLERR-Hiagara Falls Page 88Z
416 971 6191 P. 01
LUCKNoW, ok, r, NOG 2H0
(519) 529.7383
TO~
AJ~ OHTA]~O ~UNICIPA1-TTI~S
! .INftA ANDPEW, ULERK
PROVINC~-WII)E MOBATOR[UNI ON LIQUID MANUR~ I~AC~JTIF.~
D~y mov~.d and se~n
?rovlnc= ,~f Onta~o;
AND WHI;ILEAS this By-lsw zequi~es the completion of. Nutzient Ya,~._~crn=nx P~ ~r ~ ~n ofn~
AND WKF.,K~AS the Mi~st~ of tha ~wironm~ has suff~d ~a~ ~ te po~ ~t its ~ h=~
8d~ ~ ~t ~ ~ot r~pond to ~ c~ ~y gcl ~ou~ ~c ranoff ~ng o~ ~ ~s,~ e, ~la ~
cdfi~l ~e f~
AND WHEREAS the Govcmrnnnt of Onunio Ins said that it will hold an l~quiry into the issuc~ st~uu~ling the
coutzmina~inu of ltx~ wa~'r s~sz~n ~n Ws~katon by E.Ca!i
AND Wm~REAS the Township of Ashfield
Wagon, f~ t~ Go~mt of On~o ~o
NOW Tr~RRY,~ORE BE IT RESOLVED TI~AT ,,he Township nfA~ld hereby dTm~ds ~ ~ ~v~m~
of 0~o i~ia~ly ~ut in p~c~ a m~ri~ pmh~i~g ~ ~nc~ of ~y n~ ~d m~ f,~l;6~ m
~x~ ~i~on ~ ~y ahthg fa~lli~ undl it ~ ~ prnv~ ~XI ~ ~v~eB~ ~d 9~ ~ ~ ~ nut
be nc~voly ~cted ~ ~m;
~ F~-R ~T ~is ~u~n he c~d ~ ~ m~pali~ ~ ~e ~e of Onto ~ag t~
to co~t ~ ~ ~s, ~ ~ni~ 0f t~c E~mL ~c M~ ofA~cql~e Fu~ & R~ ~rs
~d ~c~ ~cM ~Ps ~dica~g ~r s~ f~ ~ ~sotu~on.
On b=,k,,lf of Council, I would zequest yow fsvouuxble cunsidcra6ou of te a~vc ~ol~fion nd would app~h~
r~i~g a ~{~ ~csfion afyo~ sup~
Lindn And.row, Clerk
Towr~tdp of Aslxfietd
pLANNtNG MEETtNG_'JUL 17 ZOB6
This m~t~rial Ls provided under contract as · paid service by the origluafing ~rgauhtutlon, :~nd dots
Lubs(dL~ry companies, ofi]c~rs, allrectors or aRcUL~, n
nece_sx4rily reflect liie VieWS br poxhions of the Alsoclarion of Municipal,Lies of Ontario (AM O), its
03-02-2000 09:21RM FROM N.P.C. SCHOOL OF HORT. TO 3569083 P.81
MEMO
SCHOOL OF HORTICUL]'URE & BOTAHTCAL GARDE~i5
To:
Mr'. Woody Wagg, City Clerk
City of; Niagara Falls
Fax: 356-9083
From:::
DebtDie Whitehouse
Ph: 356-7670 x 222
Fax:356-5488
Date:i
Re:
March~ 2,2000
Request for Official Proclamation of
t999 Niagara Bigga Tomatafest Week
August 14 to 20, 2000
As we; discussed today, here's the organizing committee's suggestion- We need your
help once again to proceed The committee would like to be represented at council: on
the night this is put forward, July 17.
Background: A number of community groups have come together a.cain to celebrate
tomatoes in support of United Way- Presently included are United Way, Club !talia~
and The Niagara Parks Commission ~
August 18 is the date for a kick off dinner event at Club Italia. Niagara Parks Botani;cal
Gardens will host 'a family fun day and awards ceremony on Sunday, August 2;0. We're
still looking for the largest tomato ever grown!
Suggested wording:
Whereas the tomato plays an integral part in the lives of Niagara Residents, and
Whereas it is also a: versatile international food, and
Whereas we live in' the garden Mecca of Southern Ontario,
Therefore, be it resolved that:
MayOr Wayne Thomson hereby proclaims August 14 to 20, 2000 as
Niagara Bigga Tomatafest Week filled with community, cooperative, family-fun
events in support of United Way.
PLANNING MEETSNG .4 UL 17 ZBBG
TOTAL P.01
THE
ARTHRITIS
The Arthritis Society
Niagara Peninsula Office
300 Bunting Rd., Unit #2
St Catharines, ON
L2M 7X3
Phone: (905) 646-7284
Fax: (905) 646-0513
Senior Development Associate
doyce Mclntosh
}Jranches
Fort Erie Branch
Grimsby Branch
Niagara Falls Branch
Pelham Branch
Po~ Colborne Branch
St. Catharines Branch
Welland Branch
JUll 19
The Honourable Mayor Wayne Thomson -.-~:i, -..Jr ..^, ~n
Niag~a Falls City Hall
4310 Queen Street
Niag~a Falls, ON L2E 6X5
Dear Mayor Thomson:
It is the Arthritis Society's mission to raise funds for education,
research and public awareness with help from our local communities. One in
seven Ontarians are affected by chronic arthritis. By theyear 2020, 98% of
baby boomers will be affected by arthritis.
September is National Arthritis Mont[i. The Arthritis Society will, as
in the past, be conducting a residential campaign during the month of
September 2000.
We would like to arrange, in advance, a flag raising ceremon~z to be
held outside of City Hall, Tuesday, September 5, 2000 at 1:00 p: m. (with your
attendance if possible). We would also like to request that our flag rerrmin
displayed fotrthe month of September, to further promote the awareness of The
Arthritis Society and National Arthritis Month.
If there are any questions or concerns, please do not hesitate to
contact me at the Niagara Peninsula office at (905) 646-7284.
Respectfully,
Joyce Mclntosh
Senior Development Associate
1-800-321-1433 www.anhritis.ca
The Arthritis Society
Niagara Peninsula News
A newsletter from the local office of The Arthritis
Society to local volunteers, donors and clients.
May 2000
The Arthritis Society,
Niagara Peninsula office
2-300 Bunting Rd.
St. Catharines, ON L2M 7X3
Phone: (905) 646-7284 Fax: (905) 646-05 13
e-mail jmcintosh@on.arthritis.ca
auvenite Arthrtrb
Did you wear blue on March lOth?
A great thank you goes out to all employees and
students who dressed in their favourite blue-wear to
raise funds and awareness for Juvenile Arthritis.
Companies and Schools who participated in the dress blue day
for Juvenile Arthritis helped raise a total of $3400 to date.
Companies who participated were:
Pelham Branch:
Town of Pelham
T.D. Bank
St. Ann's CWL, Fenwick
Welland Branch:
Royal Bank, Niagara Street
Caisse Populaire, Empire Street
Welland Hydro
Pylypuk & Associates, King Street
Mason Ins. Brokers Ltd., King
Street
St. Catharines Branch:
St. Catharines Civic Employees Credit Union Limited
St. Catharines Shopping News
Enbridge Home Services
Bank of Nova Scotia
The Co-Operators
Niagara Credit Union
Niagara Suites
Vanwell Publishing Ltd.
Early Childhood Community Development Centre
T.D. Bank, Geneva St.
Ayestel Family Savings Credit Union, Niagara St.
The Toronto-Dominion Bank, Queen St.
Bank of Nova Scotia, St. Paul St.
City of St. Catharines
Royal Bank
Portage Mutual Insurance Co.
Thorold Group
Royal Bank, Martindale Rd.
Niagara Credit Union, Grantham Plaza Scott St.
Carlson Wagonlit Travel, Scott St.
Grimsby Branch:
Grimsby Hydro
Durward Jones Barkwell & Co.
T.D. Bank
Town of Grimsby
Niagara Credit Union, Beamsville
Lincoln Hydro, Beamsville
Fort Erie Branch:
Niagara Credit Union
Community Living
Port Colborne Branch:
Shoppers Drug Mart, Clarence St.
Canadian Tire Associate Store 128
Toronto Dominion Bank
Marketplace Medical Clinic
Prudential Excel Realty
Port Colborne Hydro-Electric Commission
C.M. Steele Insurance Brokers
In this issue...
· Juvenile Arthritis
· Residential Campaign
· Knights of Columbus
· Corporate Citizens
· Strike Out Arthritis
· Nevada Tickets
· Bingo
· Service clubs
· Father's Day Gift Wrap
· Programs and Services
· Volunteer Opportunities
Juvenile Arthritis con't from page I
Schools who participated were:
Oakridge School, St. Catharines
West Park School, St. Catharines
Briardale School, St. Catharines
St. Anthony's School, St. Catharines
Laura Secord Secondary School, St. Catharines
Westdale Public School, St. Catharines
Ridgeway Crystal Beach High, Ridgeway
Mathews School, Welland
Gordon School, Welland
Grand Avenue, Grimshy
Any company or school can designate casual day
proceeds to The Arthritis Society. For more
information on how your company can help, call
905-646-7284.
Residential
Campaign
Yes! September is just
around the corner. Preparations are being made to hold
meetings in all communities to get the door-to-door campaign
off the ground. The Niagara Peninsula 1999 campaign raised a
total of $55,000, thanks to many dedicated volunteers. If you
would like to join our team to help organize and prepare for the
2000 campaign please call Joyce Mclntosh at 905-646-7284.
KNIGHTS OF COLUMBUS
A warm debt of gratitude goes out to all the councils for their
support to The Arthritis Society. Please remember to purchase a
ticket on the Automobile Raffle that the councils are holding.
You can visit them at various locations in the Niagara area or
call the Niagara office. Your ticket could be one of the lucky
winner. The draw date is May 20th 2000.
Thank you to Chevaliers De Colomb 8296 for participating in
Juvenile Arthritis Day.
Corporate Citizens A special thank you to all
companies who most graciously supported The Arthritis Society
in 1999. Your contribution can
benefit someone in your own
community or workplace. For more
information regarding arthritis or
any of our upcoming events that
your company would like to
participate in, please call the
Niagara office
(905) 646-7284.
Strike Out Arthritis
League Bowling - Strike out those winter blues by
bowling a couple of hours away. If you or your friends and
family belong to a league and would like the opportunity to
earn some extra dollars for your team, please call the Niagara
office for more details.
Confirmed dates:
Parkway Lanes St. Catharines, 620 League - May 7/00
A debt of gratitude goes out to Marj Hicks, Fairview Ladies
620 League; Dave Abrams, Cataract Mens League(Jacket
Cellar); Cindy Fosker and Chris Krafve, Parkway Lanes
Monday Mixed League; and Colleen Abrams, Parkway Lanes
Sunday Mixed League; for organizing league events.
Thank you once again for your support[
ARTHRITIS
The Niagara Falls 2"d Annual Strike out Event was held on
May 7, 2000 at the Cataract Bowling lanes. A very special
thank you goes out to everyone who helped organize this
event and for all those who helped raise pledges in the mount
of $4,980.00 for The Arthritis Society. Hope to see you next
year!
A Special Thank you to the Lioness and Lions Club members
for their support in the March 4/00 Strike-out event. There
fine efforts raised a total of $6,500.
A Special Thank you to the Port Colborne Branch. They held
their 7th annual Strike-out event on March 5/00 and raised a
total of $9,800.
A debt of gratitude goes out to Laura Hasim, St. Catharines,
Grantham Lioness and to Ross Murdoch, Port Colborne
Strike-out Coordinator, Lynn Enns, President Port Colborne
Branch, and Marcy McLean and Leanne Lococo, Niagara
Falls Branch, for all their support and help organizing the
Strike-out events.
Nevada Tickets
If you enjoy playing Nevada (break-open lottery tickets), try
the following Arthritis Society supporting locations:
Lotto Stop at the Fairview Mall, St. Catharines
TruValue Gas Bar - 3250 Schmon Parkway, Thorold. Thank
you to the owners of both of these locations, for choosing The
Arthritis Society as your charity of choice.
Bingo
Thank You Volunteers.t
A debt of gratitude goes out to all the bingo volunteers for
giving up their Saturday mornings to help us raise funds
for The Arthritis Society.
Thank you to Ed and Barb Calhoun, Sonia Arnold, Frank
Winnington, Elgin and Barb Kennedy, Camille Chaumont,
Natalie Hardman, Sheila Butler, Carol Berry, Debbie
Chagnon.
BINGO PLAYERS: Please come out and try your luck at
a game ofbingo, every other Saturday, at the Skyway
Bingo Hall, St. Catharines. Morning sessions start at 9:30
a.m. and finish at 12:30 p.m. Proceeds go to The Arthritis
Society. P/ease join us and support our event!! If you
would like to volunteer please call Joyce at the office
(905) 646-7284.
Service Clubs
Heartfelt thanks to all service clubs in Niagara who so
graciously donated their time and financial support to help
raise funds for research, programs and services of The
Arthritis Society.
Father's Day Gift Wrap
Will be held at the Fairview Mall, St. Catharines, ON
Thursday, June 15 - Sunday, June 18, 2000.
Please bring your gifts to be professionally wrapped by
our wonderful volunteers.
A sincere Thank you to volunteers for their help
with this event/
Arthritis Self Management Program (ASMP)
Six week course to help you with your personal
management of your arthritis. You will learn tips on:
, pain management
, diet & exercise
medications
, support from others
Register Now for Fall Classes - St. Catharines
Please call for more information (905) 646-7284.
BLUEBIRD CLUB SUPPORT GROUPS
Please join us for an informative evening, a social gathering,
and learn more about your arthritis.
St. Catharines - Held at the Early Childhood Community
Development Centre, Ontario Rd. at 7:00 p.m. - Next meeting
will be on June 14tlg00.
Guestspeaker - Linda Shedden
Welland - Held at the Knox Presbyterian Church, 535 Fitch
St., Welland, ON at 7:00 p.m.- Next meeting will be June
19th/00. Guest speaker will be Dr. Song, Orthopedic Surgeon.
For more information on these support groups call The
Arthritis Society office at 646-7284.
AQUATICS EXERCISE CLASS
Classes are taught by volunteers who have been trained
by The Arthritis Society staff and are held at Niagara
Rehab's warm temperature pool. For more information
about this class, please phone 684-6100 and leave a
message on option "3 ".
VOLUNTEER OPPORTUNITIES
Volunteers are always needed to help out in all areas.
Residential campaign, special events, board members,
committee members etc. To learn more about becoming
a volunteer for The Arthritis Society, please call the
office and we will be glad to inform you of the various
volunteer opportunities.
Upcoming Events:
Joint Effort Day:
-Friday, September 15m, 2000
-Dress blue and give too!
Golfi
-Waterpark Golf Course-Tournament, Saturday,
September 16, 2000
THE
ARTHRITIS
SOCIETY
For more information please call the office.
ARTHRITIS
SOCIETY
Rainbow News
Juvenile Arthritis News letter
May 2000
The Arthritis Society, Niagara Peninsula Office
2-300 Bunting Rd.
St. Catharines, ON L2M 7X3
Tele: (905( 646-7284
Fax: (905) 646-0513
E-mailjmcintosh@on.arthritis.ca or
visit our web site www.arthritis.ca
Kid5 Get Arthritis
Facts abo t Juvenile Arthriti
Arthritis is an inflammation of a body part
· I in 1000 children under the age of 16 suffers
from arthritis
· No cure for Juvenile arthritis
There is effective therapy and treatment plan
· With proper therapy, most children will enter
adulthood without any major physical
disability
· Bones and cartilage of growing children have the
ability to heal
· Exercise is very important to keeping joints
moving
LeAnn's 3tory - age thirteen
I was diagnosed at the age of two and half years old with
Juvenile Rheumatoid Arthritis. I am now thirteen years
old and on a lot of medieation to help my arthritis. I go
for swimming therapy once a week. I go to see doctors
and dentists in Toronto at the Hospital for Sick children.
I have had eortisone injected into many of my joints like
my wrists, ankles and other joints they have really helped
me. I go for blood work once a month to make sure things
are fine. I have very poor range of motion with my neck
so [ wear a neck brace at night to help it move better. [
also wear splints at night for my fingers. I try to do
everything I can to get better.
Devin's 5tory- age nine
When [ was about two and a half years old [ had a
hard time standing and walking. After seeing lots of
doctors, [ was told [ had arthritis.
Over the past years a lot of my joints have been swollen
and stiff. Sometimes they hurt so much that I cry. I take
a lot of meditation. [ take medicine that can make my
stomach hurt, so I take medicine to stop this from
happening. [ also take medicine that has to be injected.
There are so many side effects that can happen. [ have to
get my blood, eyes, height and weight checked often.
My face is puffy because of the types of medicines [
take. I also had to have cortisone injected into my joints
three times. I do therapy at home twice a day to help my
joints. I can't play any sports that is hard on my joints,
but I do go to swimming therapy and swimming lessons
once a week. Exercises done in a warm pool helps make
my joints feel a little better.
I try to keep up with my friends but sometimes [ just
can't. Each day is different for me!
freatrn~nt
Treatment for Juvenile Arthritis includes
medication, exemise and splinting. The most important
step is to reduce the inflammation and pain.
· Medications-are used to reduce the
inflammation
Exercise - Physiotherapy and occupational
therapy are necessary to minimize long-term
damage to joints and muscles.
Splinting - holds the inflamed joints in a good
position
Rest - Children do need extra rest but when
inflammation is active, it is very important to
exercise the joints to keep them mobile.
Research
The Hospital for Sick Children are
working on many new reseamh projects.
The Arthritis Society since 1948, has
dedicated over-$100 million to arthritis research,
including reseamh which focuses on the causes of and
treatments for Juvenile Arthritis. For information
please call the Niagara Peninsula office at 905-646-
7284
~'II ~l~. F~LLS CLERKS' O0
In Case of Transmission Difficulties, Please Call q16-863-2101
Please Deliver To: The City of Niagara Falls HI~G. FfiLLSCLERKS'OO(]?(]?iS:O'3
Ministry of
Municipal Affairs
end Housing
office of the Minister
777 Bi~y Street
Toronto ON MSG 2E5
Tek (416) 585-7000
Minlst~e des ~
Aftaires municlpeles
et dU Logeme~t
Bureau du minislfe
Ill rug Bay ontado
Toronto ON MSG 2E5
Ttl: (416) 585-7000
July 7, 2000
Dear Head of Council:
As you may know, the Direct Democracy Through Municipal Rej~rendums Act, 2000, which
gives voters a stronger voice in the local democratic process by allowing municipalities to ask
binding referendum questions, received Royal Assent on June 8, 2000.
Municipalities can now place a "yes" or "no" question on the municipal ballot on a matter that
falls under their jurisdiction. The result will be binding if at least 50 per cent of eligible electors
vote, and if either the "yes" or the "no" option receives 50 per cent plus one of those votes.
Otherwise, the vote would be advisory.
I am writing to you today to tell you about new regulations related to this legislation.
The first of those regulations prescribes forms for campaign registration, campaign financial
disclosure, and the from of the ballot. Copies of the new and revised forms are available on the
Ministry website.
The second regulation shortens - for the 2000 municipal election only - the over-all process for
putting a question on the ballot. While the legislation requires that the process be started no less
than 1 g0 days before voting day, for this election year, that 1 gO-day period will be shortened.
Municipalities wishing to place a question on the ballot this year must give notice no later than
July 22, 2000 of their intention to hold a public meeting to consider the matter. Municipalities
that have already passed by-laws to put a question on the Noveitber 2000 ballot will be able to
begin the process at the step that requires them to give notice of the passage of the by-law to
electors and the Minister, provided that the question satisfies other requirements of the Act.
The third regulation declares that questions on casino gaming are of provincial interest and,
therefore, only those that have been explicitly permitted by the Ontario Lottery and Gaming
Corporation may be put on the ballot. Other issues of provincial interest will be decided case by
case. For example, while the regulation does not specifically declare questions on municipal
restructuring to be of provincial interest, the government will not look favourably on questions
that appear to have been crafted for the sole purpose of ensuring that a municipality will not have
to consider restrueturing for the next three years or to preclude viable options from consideration.
PLANNING MEE~T.~NG. ,d~l..17 ZBBB
-2-
Head of Council
The regulation also establishes that municipalities cannot ask questions if they do not have the
authority to implement all aspects of the results of the question, or questions about any matter
that would require an action by the Province to impl6ment the results of the question. Examples
of such matters would include shared cost programs, or programs with prescribed provincial
standards. Copies of these latter two regulations, as well as a chart with the revised timeframe
for this year, are attached to this letter.
Putting questions on municipal ballots is a way m imp,rove accountability and public trust in
government. By making these questions count, this legislation makes the referendum process
more credible. I encourage y6u to take advantage of this legislation to give electors in your
municipality a direct say in local issues.
ly Clement
Minister
c. Municipal CAO/Clerk
Attachments
Filed es O, Reg, ~:~-,2,~'
CONFIDENTIAL
Until filed with the
Registrar of Regulations
On J U L I] 5 2000
Proposed Un~nu ·
REGISTRAR OF REGULATIONS
reg2000.O379.e
2-LM
REGULATION MADE UNDER THE
MUNICIPAL ELECTIONS ACT, 1996
PROVINCIAL INTEREST
1. (1) For the purpose of subsection 8.1 (2) of the Act, the following are matters of
provincial interest with respect to which the municipality cannot ask a question:
1. Any matter for which the municipality does not have the authority to
implement all aspects of the results of the question.
2. Any matter for which the municipality requires an action by the Province of
Ontario in order to implement the results of the question.
3. Without limiting paragraphs 1 and 2, casinos and charity casinos as defined in
the Ontario Lottery and Gaming Corporations Act, 1999.
(2) Despite subsection (l), a municipality may ask a question with respect to casinos
and charity casinos as defined in the Ontario Lottery and Gaming Corporations Act. 1999
if the municipality,
(a)
is eligible to ask a question with respect to casinos or charity casinos under
the Ontario Lottery and Gaming Corporation Act, I999 and the regulations
under ~hat Act; and
(b) asks the question with respect to casinos or charity casinos in accordance with
that Act and the regulations under that Act.
i3) This regulation applies to a question in respect of which a by-law under clause
8 (I) (b) of the Municipal Elections Act. 1996 is passed before this re~iation comes into
tbrce. if the vote has not been held on the question when this regulation comes into force.
Dated on ................~,.,1.~..(~ ..........................................2000.
CONFIDENTLAI,
Until filed with the
R. egistrar of Regulations
rcg2000.0378.e
3 -LM
REGULATION MADE UNDER TtIE
MUNICIPAL ELECTIONS ACT, 1996
TRANSITION--MUNICIPAL QUESTIONS FOR THE 2000
REGULAR ELECTION
t. For the purposes of the 2000 regular election,
(a) clause 8.1 (1) (a) of the Act shall be read as if the reference to "t80 days" was
a reference to" 104 day s";
(b) subsection 8.1 (4) of the Act shall be read as if the reference to "15 days" was
a Rference to "10 days";
(c) subsection 8.1 (6) of the Act shall be read as if the reference to "20 days" was
a reference to "15 days";
(d) subsection 8.1 (7) of the Act shall be read as if the reference to "15 days" was
a reference to "10 days";
(e) subsection 8. I (9) of the Act shall be read as ifthe reference to "60 days" was
a reference to "36 days".
2. ( 1 ) If a municipality has passed or has purported to pass a by-law to submit a
question to its electors at the 2000 regular election before this regulation comes into
force, the municipality is deemed to have passed the by-taw under clause 8 (1) (b) or (c)
of the Act, as the case may be, on the day this regulation comes into force and the Act,
except subsection 8.1 (3), applies to the by-law for all purposes.
(2) Subsection (1) only applies to a by-law if the by-law is authorized under clause
8 (1) (b) or (c) of the M'unicipal Elections 2tct. 1996 on the day this regulation comes into
force.
3, For the purposes of the 2000 regular election, The Corporation of the Township of
Leeds and the Thousand Islands (to be created on January 1,2001 by minister's order
dated February 10, 2000) shall be deemed to be a municipality to which Ontario
Regulation 347/00 applies.
Dated on .................'1...-~.(-'/ .......................................2000.
Municipal Question Process
established by Ontario Regulation 429/00
Transitional Regulation for 2000
KEY DATES
for a compressed Municipal Question Process
Total Process Length from passage of By-law to Election Day
1 Notice of intention to pass a by-law
Latest Date for Passage of By-law
2
104 days
Notice to Electors and Minister of Passage of By-Law
Filing of Appeal
Sending of Appear from Clerk to Appeal Body
Appeal Body to Make Decision
4
Campaign Period
at least ten days prior to
Stage 2
at least 104 days prior
to election day (not
later than August 1)
no later than 10 days
after Stage 2 completed
no later than 15 days
after Stage 3 completed
no later than 10 days
after Stage 4 completed
no later than 36 days
after Stage 5 completed
(not later than October
11)
may begin at any time
after Stage 2 (minimum
campaign pedod Oct, 11
to Nov, 13)
8 Election day November 13
This table has been prepared for the purposes of convenience only. The authoritative text is set out in
legislation and regulation.
July 6, 2000.
The Cily of
Niagara Falls
Canada
Community Services Department
Municipal Works
4310 Queen Street
P.O. Box 1023
Niagara Falls, ON L2E 6X5
web site: www.city.niagarafalls.on.ca
Tel: (905) 356-7521
Fax: (905) 356-2354
E-mail: thiggins@city. niagarafalls.on.ca
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members: RE:
Ed Dujlovic, P. Eng.
Director
MW 2000-76
File 00-08
July 17, 2000
MW 2000-76
Contract 2000-08
Surface Treatment & Expanded Asphalt Stabilization of Roads
RECOMMENDATION:
It is recommended that the unit prices submitted by the low tenderer, Norjohn Limited, be
accepted and that the by-law appearing on tonight's agenda be passed.
BACKGROUND:
The Tender Opening Committee, in the presence of the City Clerk, Mr. E. C. Wagg, opened
tenders on Wednesday, July 12t", 2000 at 1:30 p.m. for the above noted contract. Tenders were
picked up by three (3) Contractors, and one (1) bid was received.
Shown below is a summary of the tender price, excluding G.S.T. submitted by the Contractor.
1. Norjohn Ltd. ( Thorold ) $262,990.50
The lowest tender was received from Norjohn Ltd. in the amount of $262,990.50. This
Contractor has performed satisfactorily on past contracts for the City. It is therefore, Staffs
opinion that this Contractor is qualified to undertake this project.
Financing:
The Engineer's estimate for this contract was $220,000.00.
Project Costs:
Awarded Contract $262,990.50
Net G.S.T. $ 7,889.72
Total $270,880.22
Working Together to Serve Our Community
Municipal Works · Fire Services · Parks, Recreation & Culture · Business Development
July 17, 2000
Funding:
Bituminous Operating Account
2 MW-2000-76
$225,000.00
Total $225,000.00
As indicated above, there is insufficient funds in this account to undertake this work. Wamer
Rd. will be deferred and attempts will be made to reduce the scope of work for the remaining
streets under this contract. Attached is the proposed list of streets included under this program.
Construction is scheduled to commence on July 31, 2000 and will be completed by mid
September.
Council's concurrence with the recommendation made in this report would be appreciated.
Frank Higgins, C.E.T.,
Manager of Projects
Respectfully Submitted by:
Chief Administrative Officer
Director of Municipal Works
~JJ~hn MacDonald, ~
Executive Director of Community Services
Table A
2000 Surface Treatment Program
City of Niagara Falls Street List
Street From To en_l~g.n_g~
Beechwood Road Beaverdams Rd. Lundy's Lane 1700 m
This section of roadway will be a test section for Expanded Asphalt Stabilization,
The work will consist of stabilization to a depth of 125 mm with the placement of additional
stone, approx depth of 100 mm, and the placement of a single surface treatment.
Chippawa Parkway Cyro Industries Humane Society 2000 m
This section of roadway is approx. 3200 m long, with approx 2000 m that will be
pulverized and additional stone added. These sections will received a double
surface treatment with the rest receiving a single surface treatment.
Warner Road (deferred) Beechwood Rd. 200 m east 200 m
This section of roadway will be pulverized and approx. 75 mm of stone added. A
double surface treatment will then be applied.
The City of
Niagara Falls~
Canada
Community Services Department
Municipal Works
4310 Queen Street
P.O. Box 1023
Niagara Falls, ON L2E 6X5
web site: www. city.niagarafalls.on.ca
Tel: (905) 356-7521
Fax: (905) 356-2354
E-mail:fhiggins@city.niagarafalls.on.ca
Ed Dujlovic, P. Eng.
Director
MW 2000-77
File 187-00
188-00
July 17, 2000
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members: RE:
MW 2000-77
City Initiation of In Phase
Curb and Gutter Local Improvements
on Collins Drive and Toby Crescent
RECOMMENDATIONS:
It is recommended that:
1.)
2.)
The City of Niagara Falls initiate a Local Improvement By-Law under Section 12 of the
Local Improvement Act, for curb and gutter on Collins Drive from Drummond Rd. to the
southeast limit and on Toby Crescent from Collins Dr. to Collins Dr.
The information on Frances Avenue and Mayfair Drive Local Improvement curb and
gutter be received and filed.
BACKGROUND:
Both Collins Drive/Toby Crescent and Frances Avenue/Carman Street are scheduled for road
reconstruction and storm sewer installation this year.
Since these streets did not have curb and gutter, a questionnaire was sent to all owners abutting
the project that did not presently have curb and gutter. This questionnaire would determine
whether or not the City should initiate local improvement curb and gutter in conjunction with the
proposed works planned by the City. At the same time, a resident on Mayfair Drive had
requested the City for curb and gutter where there was none abutting her property, which is
adjacent to Frances Avenue.
A total of forty-seven (47) questionnaires were sent to the residents (copy attached) on Collins
Dr. and Toby Cres. Thirty (30) responded, with eighteen (18) in favour and twelve (12) against.
As a result of this, Staff is recommending that the City initiate the local improvement curb and
gutter work under Section 12 of the Act. This will require that a notice be sent to all abutting
owners indicating the work will proceed unless a petition is received, sufficiently signed, against
the works. The residents will have thirty (30) days to petition against the works.
FForking Together to Serve Our Community
Municipal Works · Fire Services · Parks, Recreation & Culture · Business Development
July 17, 2000 2 MW-2000-77
For Frances Avenue, a total of five (5) questionnaires were sent out. Four (4) responded, with
two (2) in favour and two (2) against. Under the Local Improvement Act, a majority of the
owners would be required to petition for the works. Since there was not a majority of the
residents indicating that they wanted local improvement curb and gutter staff is recommending
that the work not does proceed.
The individual on Mayfair Drive did not respond to this questionnaire, therefore it is
recommended that this work not proceed.
Council's concurrence with these recommendations would be appreciated.
Prepared by:
Frank Higgins, C.E.T.,
Manager of Projects
Director of Municipal Works
pprov;b~j~
John MacDonald,
ve Director of Community Services
S:~P,F~ORT$~O00 P,~poils~Cil~iW2000~77.wpd
Respectfully Submitted by:
Edward P. LusaZ/~ '~
Chief Administrative Officer
The City of
Niagara Falls
Canada
Community Services Department
Municipal Works
4310 Queen Street
P.O. Box 1023
Niagara Falls, ON L2E 6X5
web site: www.city.niagarafalls.on.ca
Tel: (905) 356-7521
Fax: (905) 356-2354
E-mail: ~iggins@city.niagarafalls.on.ca
Jtme 28, 2000
Ed Dujlovic, P. Eng.
Director
Dear Resident:
Re:
Questionnaire Local Improvement For Collins Dr. and Toby Cres.
Curb and Gutter & Road Reconstruction
Project file: 187-00
The City of Niagara Falls is proposing to carry out road reconstruction works on Collins Dr. and
Toby Cres. These works would consist of storm sewers, sanitary and watermain rehabilitation,
sidewalk repairs and related appurtenances.
At this time, City Staff wish to determine if the residents are interested in upgrading their streets
with complete curb and gutter. In accordance with the City' s policy on Local Improvements,
approved by City Council, the cost to the residents for this in-phase, curb and gutter would be
$49.30 per metre frontage [ i.e. 50 foot lot (15.24 m ) would cost $751.33 and could be paid in a
lump sum or over a 10 year period. The actual payments would not start till after the completion
of the work.
There are a number of advantages in having curb and gutter on your street, some of them are;
controls drainage
property values have increased, by improvement of the appearance of the
neighbourhood
boulevards are better protected from cars being parked
provides driveway and traffic control
Working Together to Serve Our Community
Municipal Works Fire Setvices Parks, Recreation & Culture Business Development
Please indicate below if you wish to have this upgrade included.
In favour
Opposed
Please submit this response, in the attached self addressed stamped envelope by Thursday, July
13, 2000.
If sufficient residents are in favour, City Staff will commence with the Local Improvement
procedure, otherwise, the upgrade will not be included.
Yours truly,
encl.
Frank Higgins, C.E.T.
Manager of Projects
Ext. 4217
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
Ed Dujlovic, P. Eng.
Director of Municipal Works
MW-2000-78
File: G-180-1
Tel: (905) 356-7521
Fax: (905) 356-2354
E-mail:munwks@city. niagarafalls.on.ca
His Worship Mayor Wayne Thomson,
and Members of the Municipal Council
City of Niagara Falls, Ontario
Suly 17, 2000
Members: Re:
MW-2000-78
Municipal Parking & Traffic Committee
Recommendations - July 11.2000 Meeting
RECOMMENDATIONS:
1) MW-2000-44 - Kister Road/Ramsev Road - Heaw Vehicle Restriction
It is recommended that:
1)
a heavy vehicle restriction be implemented on Ramsey Road between Stanley
Avenue and Kister Road and on Kister Road between Ramsey Road and
McClive Street; and,
2)
staff investigate the possibility of constructing a turn-around on MeClive Street
or widening Kister Road at McClive Street to accommodate truck movements.
2) MW-2000-63 - Fraser Street - Parking Review
It is recommended that no changes be made to on street parking on Fraser Street at this
time.
3) MW-2000-67 - Jill Drive -Parking Review
It is recommended that a "Residential Permit Parking" system be implemented on the
south side of Jill Drive from a point 72 metres west of Sunhaven Drive to a point 85
metres west of Sunhaven Drive.
4) Chiouawa Parking Meters - Two Hour Parking
It is recommended that the parking meters in Chippawa be changed from a one hour
duration to a two hour duration.
5) Cedar Street - Temporary Relief from Heaw Vehicle Restriction
It is recommended that:
July 17, 2000
1)
-2- MW-2000-78
temporary relief from the heavy vehicle (including buses) restriction on Cedar
Street between Stanley Avenue and Homewood Avenue, be granted to Mr. Paul
Caro, of 5417 Cedar Street, until December 31,2000; and,
2)
the temporary relief be subject to parking a Coach bus in front 5417 Cedar
Street for one two hour visit per day, Monday to Friday only.
6) Electronic Parking Meter Un~rade - Canadian Mint New Coin Parameters
It is recommended that funding in the amount of approximately $20,000 plus taxes be
allocated from Parking Account P-001-4800-1530 to upgrade the existing 800 electronic
parking meter mechanisms to accept the new Coins issued by the Canadian hint, as well
as the new one dollar American coin.
BACKGROUND:
The Municipal Parking and Traffic Committee, at its meeting of July 11, 2000, considered the
matters noted and formulated the recommendations above.
councirs concurrence with the recommendations outlined in this report would be appreciated.
Respectfully submitted by:
Alderman Kim Craltor, Chairperson,
Municipal Parking & Traffic Committee.
K. Dren
S:\TRAFFICXREPORTS~000X2000 CounciBmw2000-78.wpd
The City of Niagara Falls, Ontario
Council Chambers
No. July 17, 2000
Moved by Alderman
Seconded by Alderman
WHEREAS the North American Free Trade Agreement (NAFTA) has eased the passage of goods
between Canada and the United States and increased commerce between the two countries;
AND WHEREAS tourism is the largest and fastest growing industry in the world;
AND WHEREAS over 25,000 jobs in Niagara depend on tourism;
AND WHEREAS tourism represents an economic impact in Niagara estimated to be $3 billion
annually;
AND WHEREAS in the Niagara Region, the international bridges along the Niagara River have
been the main medium of transportation for this increase in commercial and visitor traffic;
AND WHEREAS traffic volumes, commercial vehicles and travellers entering Canada have
experienced double digit growth;
AND WHEREAS these volumes are projected to continue to increase in the future;
AND WHEREAS the economic growth of the Niagara Region is dependent on the relative ease of
passage for recreational and commercial travellers;
AND WHEREAS traffic delays at border crossing are proven to have a negative effect, especially
on the tourism industry;
AND WHEREAS insufficient resources have been provided by the Federal Government to hire an
appropriate number of permanent Customs Officers in Niagara to handle the significant increase in
cross border traffic;
~2-
AND WHEREAS the Niagara Falls Bridge Commission has invested $35 million into the Canadian
plaza at the Rainbow Bridge, increasing the number of primary inspection booths from 8 to 15 to
handle the increase in vehicles;
AND WHEREAS unfortunately, the Federal Government has not provided additional funds to hire
Customs staff to man these booths or meet needs at the other bridges along the Niagara River.
NOW THEREFORE BE IT RESOLVED THAT the Minister responsible for the Canada
Customs and Revenue Agency, the Honourable Martin Cauchon, be requested to provide sufficient
funding for the hiring of additional, permanent Customs officers for the Niagara River bridges to
combat the current, negative impacts as a result of increased cross border traffic;
AND FURTHER BE IT RESOLVED THAT the local Members of Parliament, Mr. Gary Pillitteri,
M.P. and Mr. John Maloney, M.P. be requested to compel the Minister to provide increased
resources for additional hiring.
AND the Seal of the Corporation be hereto afffixed.
E.C. WAGG WAYNE THOMSON
CITY CLERK MAYOR
The City of Niagara Falls, Ontario
Council Chambers
No.
Moved by Aldetatan
Seconded by Alderman
July 17, 2000
WHEREAS the City of Niagara Fails distributes and retails electricity through its
Niagara Falls Hydro Commission and successor companies;
AND WHEREAS the City Council has authorized the successor companies: Niagara
Falls Hydro Holding Corporation and its subsidiaries, Niagara Falls Hydro Inc. and Niagara Falls
Hydro Services Inc. to be incorporated under the Business Corporations Act (Ontario) pursuant
to Subsection 142(1) of the Electricity Act, 1998 (Ontario) and Sections 71 and 73 of the Ontario
Energy Board Act, 1998, (Ontario);
AND WHEREAS the City Council has approved By-law 2000-97 transferring
employees, assets, liabilities, fights and observations of the City and hydro commission to the
successor companies;
AND WHEREAS Section 78 of the Ontario Energy Board act, 1998 provides that the
Ontario Energy Board (OEB) may approve or fix just and reasonable rates for the distribution of
electricity;
AND WHEREAS Bill 100, "An Act to Promote Efficiency in the Municipal Electricity
Sector and to Protect Consumers from Unjustified Rate Increases." was introduced to the
Provincial Legislature on June 20, 2000;
AND WHEREAS the proposed legislation will not allow any rate increase that results
from the servicing of debt (interest payments) or the sharing of profits (dividends on
shareholdings). The only exception for allowing such a rate increase will be for the purpose of
protecting the interests of consumers with respect to prices, reliability, and quality of the
distribution service;
-2-
AND WHEREAS the proposed legislation will not allow any rate increase that results
from the transfer of assets from Niagara Falls Hydro Inc. to the City through the transfer bylaw.
AND WHEREAS the Niagara Falls Hydro Inc. has submitted to the OEB a request for a
rate increase that does include, among other factors, the two factors impacted by this proposed
legislation;
AND WHEREAS the City's 2000 Budget will be significantly impacted by the proposed
legislation;
NOW THEREFORE BE IT RESOLVED THAT the City Council resolves to object to
the proposed legislation and to petition the Ministry of Energy, Science and Technology to
amend Bill 100, "An act to Promote Efficiency in the Municipal Electricity Sector and to Protect
Consumers from Unjusfified Rate Increases.
AND the Seal of the Corporation be hereto affixed.
E.C. WAGG WAYNE THOMSON
CITY CLERK MAYOR
The City of
Niagara Falls
Canada
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls
Members:
RECOMMENDATIONS:
Clerk's Department
4310 Queen Street
Niagara Falls, Ontario
L2E 6X5
Phone: (905) 356-7521
Fax: (905) 356-9083
July 17, 2000.
CD-2000-18
EC. Wagg, C.M.O.
City Clerk
Re: CD-2000-18 - Special Occasion Permits
That Council indicate it has no objection to the issuance of Special Occasion Permits to the organizations
listed in this report.
BACKGROUND:
Correspondence has been submitted by the following organizations and has been reviewed and approved
by the Parks, Recreation & Culture; Building & Inspections Division; and the Fire Department, Council's
concurrence with the Recommendation is requested.
[:~'.~'~'.:i{:,~6~::=;i;!i~!: :i;i;; i';!i' i!' ': ~' ::!i;',=: i: :'~i~E~' :: ....",',;,;;; "!'..il i'.'. ': :i::: ':::! Di~TE':i=,i:,i:.''· :: '!: I · iiii ~OCATION:. ::: "" ::.::1
Y-Not Again Pub & Eatcry
The Maves Family
Niagara Falls Provincial P. C. Assoc.
Recommended by:
E.C. Wagg,
City Clerk
Approved by:
f_~,Tony Ravenda
Executive Director of Corporate Services
ECW:Iw
Slo-Pitch Toumament
July 28, 29 & 30,Niagara South Arena
2000
Family Picnic August 5, 2000
Annual Picnic August 20, 2000
Optimist Park
Serbian Picnic Grounds.
Respectfully submitted:
Edward P. Lustig
Chief Administrative Officer
Legal Department
4310 Queen Street
Niagara Falls, ON L2E 6X5
web site: www.city.niagarafalls.on.ca
Tel:
Fax:
E-mail:
(905) 356-7521
(905) 374-7500
rkallio@city.niagarafalls.on .ca
R.O. Kallio
City Solicitor
L-2000-31
July 17, 2000
His Worship Mayor Wayne Thomson
and Members of Municipal Council,
City of Niagara Falls, Ontario
Members:
L-2000-31
Consolidations of Adult Entertainment
Parlour Licensing and Locational By-laws
RECOMMENDATION:
That By-law No. 97-249 be amended by including the locational requirements of the Adult
Entertainment Parlours in the said By-law, as well as making it an offence for any one under the age
of 18 years to enter or be found in an Adult Entertainment Parlour.
REPORT:
By-law No. 86-240, is a by-law defining the areas within the City in which Adult Entertainment
Parlours may operate. By-law No. 87-16 is a by-law amending By-law No. 86-240 and serves the
similar purpose of defining the areas within the City in which Adult Entertainment Parlours may
operate. By-law No. 97-249 is a By-law providing for the licensing, regulating and inspection of
Adult Entertainment Parlours, owners and operators of Adult Entertainment Parlours and entertainers
of Adult Entertainment Parlours.
As part of the Legal Department's ongoing review of existing Adult Entertainment Parlour By-laws,
it is suggested that the locational elements of By-laws Nos. 86-240 and 87-16 be moved into the
current Adult Entertainment Parlour Licensing By-law being By-law No. 97-249.
An amending By-law will assist in the administration and enforcement of the Adult Entertainment
Parlour Licensing By-law by bringing both the licensing and locational requirements for Adult
Entertainment Parlours into one By-law. It will also serve the purpose of updating those areas within
-2-
the City in which Adult Entertainment Parlours may operate, as well as providing for the reduction
in the number of Adult Entertainment Parlours operating in the City through attrition.
As well, the draft mending By-law would make it an offence for anyone under 18 years of age to
enter or be found in an Adult Entertainment Parlour.
Attached to this Report is the draft amending By-law.
R~~..~ded by:
K lh
R.0. ao
City Solicitor.
Respectfully Submitted:
Chief Administrative Officer.
Approved by:
,T. Ravenda,
Executive Director of Corporate Services
ROK:mm
-3-
CITY OF NIAGARA FALLS
By-law No. 2000 -
A by-law to amend By-law No. 97-249, being a by-law to provide for the licensing, regulating and
inspection of adult entertainment parlore's, owners and operators of adult entertainment parlours and
entertainers at adult entertainment parlouts.
WHEREAS subsection 225(3) of the Municipal Act, R.S.O. 1990, c. M.45, as amended, authorizes
the council of a municipality to pass a by-law to define the area or areas of the mtmicipality in which
adult entertainment parlours may or may not operate;
AND WHEREAS the Council of the Corporation of the City of Niagara Falls deems it expedient
to exercise its powers under the aforesaid section;
AND WHEREAS it is deemed necessary to amend the by-law to restrict entry to adult
entertainment padours of persons under the age of eighteen (18) years.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF
NIAGARA FALLS ENACTS AS FOLLOWS:
Section 51 of By-law No. 97-249 is amended by renumbering paragraph 51 as "51 ( 1 )' ', and
by adding the following:
-(2)
No person under the age of eighteen (18) years shall enter or be found in an
Adult Entertainment Parlour."
2. By-law No. 97-249, is further amended by adding the following Part XII. 1 and Section 64.1:
"PART XII. 1 DEFINED AREAS OF OWNER'S LICENCES
64.1 (1)
(2)
No person shall be issued an Owner's Licence pursuant to this by-law
unless the Adult Entertainment Parlour is located in an area that is
defined in Schedule 3 to this by-law, which Schedule shall be deemed
to be part of this by-law.
No Adult Entertainment Parlour is permitted to operate in any area or
areas of the Municipality other than those defined areas set out in the
attached Schedule 3.
(3)
-4-
Should any defined area referred to in Schedule 3 cease to be used for the
purpose of an Adult Entertainment Parlour, any Owner's Licenee issued
under this by-law shall not be renewed, and no further Owner's Licenee(s)
shall be issued."
3. By-law No. 86-240, and By-law No. 87-16, are repealed.
Passed this day of ,2000.
E. C. WAGG, CITY CLERK
WAYNE THOMSON, MAYOR
First Reading: ,2000.
Second Reading: ,2000.
Third Reading: ,2000.
-5-
SCHEDULE 3
DEFINED AREAS OF LICENCES
That part of the premises at each of the following municipal addresses in actual use for the
purpose of an adult entertainment parlour as of July, 2000:
1. 5769 Ferry Street.
2. 5951 Main Street.
3. 8870 Lundy's Lane.
4. 8860 Lundy's Lane.
is hereby defined as an area in which one (1) adult entertainment parlour is, if in compliance
with all other applicable law, pei~itted to operate and eligible to be licensed for so long as
such part of such premises continues to be lawfully used for such purposes.
Legal Department
4310 Queen Street
Niagara Falls, ON L2E 6X5
web site: www.city.niagarafalls.on.ca
Tel:
Fax:
E-mail:
(905) 356-7521
(905) 374-7500
rkallio@city.niagarafalls.on .ca
R.O. Kallio
City Solicitor
L-2000-55
Ju~ 17,2000
His Worship Mayor Wayne Thomson
and Members of Municipal Council,
City of Niagara Falls, Ontario
Members:
L-2000-55, Borys Agreement with the City
Building Permit (Checkerboard Lot)
Willoughby Drive
Our File No.: 2000-171
RECOMMENDATION:
An Agreement dated June 29, 2000 between Peter John Borys and Anna Mafia Borys regarding
application for a Building Permit with respect to Part 8 on Reference Plan No. 59R-2506, located
on Willoughby Drive, be authorized.
REPORT:
Peter John Borys and Anna Mafia Borys are the owners of part of Lot 14 Concession 1 in the former
Township of Willoughby now in the City of Niagara Falls designated as Part 8 on Reference Plan
No. 59R-2506 and shown in heavy outline on the plan attached. The subject parcel was created
under a checkerboard pattern.
Pursuant to City policy, respecting lots created in this manner, any person or persons making
application to the City for a building permit is required to enter into an agreement with the City to
ensure that no building permit would be issued until such time as certain requirements are met. The
Agreement not only binds the owner of the subject land but also their respective heirs, executors,
administrators, successors and assigns and assigns in title. In exchange for meeting the requirements
described in the Agreement, a building permit would be granted to the owner of the subject lands.
L-2000-55 July 17, 2000
Staff reviewed the request and has determined that the agreement between the parties would be
appropriate to adequately protect the City.
Prepared by:
/ ~
- L;. .
S.M. Daniels, A.M.C.T.
Legal Assistant/Property Manager.
Approved by:
Tony Ravenda,
~'Executive Director of Corporate Services.
Rec~~by:
R.O. Kallio,
City Solicitor.
Respectfully Submitted:
Edward P. Lustig,
Chief Administrative Officer.
r.-
Legal Department
4310 Queen Street
Niagara Fails, ON L2E 6X5
web site: www.city.niagarafalls.on.ca
Tel:
Fax:
E-mail:
(905) 356-7521
(905) 374-7500
rkallio@city,niagarafalls,on.ca
R.O. Kallio
City Solicitor
L-2000-56
July 17, 2000
His Worship Mayor Wayne Thomson
and Members of Municipal Council,
City of Niagara Falls, Ontario
Members:
L-2000-56, Hunter/Howard Agreement with the City
Building Permit - Testamentary Devise
Our File No.: 2000-180
RECOMMENDATION:
An Agreement dated July 11, 2000 between Jeffcry Howard Hunter and Geraldine Jane Howard and
the City regarding application for a Building Permit with respect to Part 5 on Reference Plan No.
59R-7414, on the south side of Detenbeck Road, be authorized.
REPORT:
Jeffcry Howard Hunter and Geraldine Jane Howard are the owners of part of Lot 10 Concession 2
in the fourier Township of Willoughby now in the City of Niagara Falls designated as Part 5 on
Reference Plan No. 59R-7414 and shown in heavy outline on the plan attached. The subject parcel
was created under testamentary devise by the Last Will and Testament of Walter Olszewski.
Pursuant to City policy, respecting lots created in this manner, any person or persons making
application to the City for a building permit is required to enter into an agreement with the City to
ensure that no building permit would be issued until such tune as certain requirements are met. The
Agreement not only binds the owner of the subject land but also their respective heirs, executors,
administrators, successors and assigns and assigns in title. In exchange for meeting the requhcements
described in the Agreement, a building permit would be granted to the owner of the subject lands.
L-2000-56 July 17, 2000
Staff reviewed the request and has determined that an agreement between the parties would be
appropriate to adequately protect the City.
Prepared by:
S.M. Daniels, A.M.C.T.
Legal Assistant/Property Manager.
Approved by:
· Tony Ravenda,
~('~'Executive Director of Corporate Services.
n~~~l led by:
City Solicitor·
Respectfully Submitted:
· Edward P. Lustig,
Chief Administrative Officer.
N89'33'E
DE TENBEEK
20Q.O'
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5
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PART 2
PART I
393.12'
396.23'
NO. ~6322
PART I
211.e'
PAR T
211,L
Legal Department
4310 Queen Street
Niagara Falls, ON L2E 6X5
web site: www.city.niagarafalls.on.ca
Tel:
Fax:
E-mail:
(905) 356-7521
(905) 374-7500
rkallio@city.niagarafal[s.on.ca
R.O. Kallio
City Solicitor
L-2000-57
July 17, 2000
His Worship Mayor Wayne Thomson
and Members of Municipal Council,
City of Niagara Falls, Ontario
Members:
L-2000-57, Transfer of Easement from
The Regional Municipality of Niagara
Stanley Avenue at Valley Way
Our File No.: 2000-53
RECOMMENDATION:
That Council authorize the acceptance of a Transfer of Easement from The Regional Municipality
of Niagara for maintenance of an existing storm sewer over part of Stanley Avenue at Valley Way.
REPORT:
Currently, the City has an unregistered easement within the limits of Regional Road No. 102
(Stanley Avenue) at Valley Way for a storm sewer. The Region is in the process of closing that
portion of the road allowance and conveying the same to the abutting owner.
A Transfer of Easement document registered on title prior to the conveyance of the property will
ensure the City's right to keep and maintain this easement.
P~,e~a~. ~ 17~(
S2M. Daniels, A.M.C.T.
Legal Assistant/Property Manager.
Approved by:
Tony Ravenda
ridExecutive Director of Corporate Services
Re ded by:
.O.
City Solicitor.
Respectfully Submitted:
ChieE Administrative OEficer.
The City of
Niagara Falls
Canada
Legal Department
4310 Queen Street
Niagara Falls, ON L2E 6X5
web site: www.city.niagarafalls.on.ca
Tel:
Fax:
E-mail:
(905) 356-7521
(905) 374-7500
rkallio@city.niagarafalls .on,ca
R.O. Kallio
City Solicitor
L-2000-58
His Worship Mayor Wayne Thomson
and Members of Municipal Council,
City of Niagara Falls, Ontario
Members:
L-2000-58
Establishment of Standing Committees
Our File No. 1992-152
July 17, 2000
RECOMMENDATION:
That Council establish two standing committees as set out in the attached proposed by-law and that
the attached proposed by-law be passed later in the meeting.
REPORT:
A number of inquiries have been raised as to the status of City volunteers with respect to liability
and whether the City's insurance policies would cover them. Upon investigation, it appears that the
City has not formally established any committees with the exception of The Recreation Commission,
the Arts and Cultural Commission and the Parking and Traffic Committee and that there are a
number of committees that were created pursuant to a Council resolution or even in a more informal
matter.
Our insurer, Frank Cowan Company Limited, has advised us that volunteers who assist the City
pursuant to certain committees such as the Civic Committee may not be covered unless it can be
clearly shown that the volunteers were acting pursuant to the directions of the committee established
by Council.
'2-
To resolve this problem and to bring certainty to the issue of liability coverage for volunteers, it is
recommended that the attached by-law be passed. This by-law will amend by-law number 89-155,
as amended, being the City's procedural by-law. The highlights of the by-law are as follows:
Two standing committees would be established; the Community Services Committee and
the Corporate Services Committee.
Each standing committee shall consist of the Mayor and all members of Council.
A quorum shall be a simple majority.
At the first Council meeting after an election, the Mayor shall appoint the Chair and
Vice-Chair of each standing committee.
~ A standing committee may establish sub-committees and the sub-committees shall report
to the standing committee which established it.
The Standing Rules of Council (Procedural by-law) shall apply to the standing
committees.
It is further recommended that ad hoe committees and the various sub-committees be created
through the standing committees so as to ensure better accountability and reporting to Council. The
Clerk will be bringing back further reports with respect to the future sub-committees.
Recommended by:
E.C. Wagg
Ci r
K.E. Burden
Director of Finance
Approved by:
Respectfully Submitted:
Edward P. Lustig
Chief Administrative Officer.
R~~d by:
R.O. Kallio
City Solicitor.
ROK:mm
'3-
CITY OF NIAGARA FALLS
By-law No. 2000 -
A by-law to amend By-law No. 89-155, as amended, being the Standing Rules of the Council.
WHEREAS it is desirable to formally establish Standing Committees of Council.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF
NIAGARA FALLS ENACTS AS FOLLOWS:
By-law No. 89-155, as amended, is further amended by adding thereto the following
sections:
ESTABLISHMENT OF STANDING COMMITTEES
Rule 37.
(1)
There shall be established the following committees, which shall be the
Standing Committees of the Council:
(a) Community Services Committee; and,
(b) Corporate Services Committee.
(2)
Each Standing Committee shall consist of the Mayor and all Members of
Council;
(3)
The Council shall fix the day and hour for the regular meetings of the
Standing Committees.
Rule 38.
(1)
CONDUCT OF BUSINESS IN STANDING COMMITTEES
The business of the Standing Committees shall be conducted as follows:
(a)
The Chair, or in the absence of the Chair, the Vice-Chair, shall
preside and shall call a vote on all questions submitted, and in the
case of an equal division, the question shall be decided in the
negative.
(b)
In the absence of the Chair and Vice-Chair, one of the other members
shall be elected to preside and shall discharge the duties of the Chair
during the meeting or until the arrival of the Chair or Vice-Chair at
such meeting.
(2)
-4-
(C)
The quorum shall consist of the number of members of the committee
required to make a simple majority of the total membership of the
committee.
(d) There shall be minutes taken for every committee meeting.
(e)
The Standing Rules of the Council, with the necessary changes, shall
be observed by the Standing Committees.
At the first Council Meeting following any regular municipal election, the
Mayor shall appoint the Chair and Vice-Chair of each Standing Committee.
Rule 39
Rule 40
(1)
(2)
(3)
GENERAL DUTIES OF STANDING COMMITTEES
The general duties of the Standing Committees shall be as follows:
(a)
To report to the Council on all matters connected with duties imposed
on the Committees and to recommend such action by the Council in
relation thereto as may be deemed necessary or expedient.
(b)
To recommend to Council the implementation of all projects and
programs under its mandate for which monies have been provided in
the General Purposes Budget, Capital Construction Budget,
Municipal Utility Budget or Parking Operating and Capital Budgets
as approved by Council.
The Standing Committees may establish and appoint members to a Sub-
Committee to deal with special or specific matters that come under the terms
of reference of the Standing Committee.
The term of the Sub-Committee so appointed shall be at the pleasure of the
particular Standing Committee and shall be responsible to that Standing
Committee.
Any member of a Standing Committee proposing a Sub-Committee shall
forthwith become a member of the Sub-Committee.
Rule 41 Every Standing Committee shall hear interested parties or afford them an
opportunity to be heard provided that a written submission is received by the Committee
Secretary at least three (3) clear days prior to the scheduled time of the meeting of the
Committee, stating the subject upon which it is desired to make representations and the
group or organization, if any, upon whose behalf representations will be made.
-5-
COMMUNITY SERVICES STANDING COMMITTEE
Rule 42 The duties of the Community Services Standing Committee shall be to report
and recommend to City Council on all matters pertaining to Fire, Parks, Recreation &
Culture, Municipal Works, Building and Inspections, By-law Enforcement, Business
Development and Parking and Traffic.
CORPORATE SERVICES STANDING COMMITTEE
Rule 43 The duties of the Corporate Services Standing Committee shall be to report
and recommend to City Council on all matters pertaining to Clerks, Finance, Legal,
Planning, Information Systems and Human Resources."
Passed this
day of ,2000.
E. C. WAGG, CITY CLERK
WAYNE THOMSON, MAYOR
First Reading:
Second Reading:
Third Reading:
,2000.
,2000.
,2000.
The Cily of
Niagara Falls'
Canada
Legal Department
4310 Queen Street
Niagara Falls, ON L2E 6X5
web site: www.city.niagarafalls.on.ca
Tel:
Fax:
E-maih
(905) 356-7521
(905) 374-7500
rkallio@city.niagarafalls.on .ca
R.O. Kallio
City Solicitor
L-2000-59
His Worship Mayor Wayne Thomson
and Members of Municipal Council,
City of Niagara Falls, Ontario
Members:
L-2000-59
Insurance Adjusters Agreement
Our File No. 2000-183
July 17, 2000
RECOMMENDATION:
That the attached agreement with Crawford Adjusters Canada for adjusting services be approved.
REPORT:
On June 12, 2000, Council approved Crawford Adjusters Canada as the new insurance adjusters for
the City. Pursuant to Council's direction, the attached agreement has been prepared.
The highlights of the agreement are as follows:
Fees are set out in Schedule "A" of the agreement and are consistent
with the fees quoted by Crawford in its response to the City's Request
for Proposals.
The term of the agreement is for three years commencing July 18,
2000 and ending July 17, 2003.
The agreement may be terminated by either party upon 90 days
written notice.
-2-
A meeting was held with representatives of Crawford and key City staff so that each side would be
able to introduce itself to the other. All preliminary steps have been undertaken to ensure that an
orderly transition takes place on July 18, should Council adopt the recommendation in this report.
f.~Kali~od
City Solicitor.
by:
Respectfully Submitted:
EdWard P. Lustig,
Chief Administrative Officer.
Approved by:
T. Ravenda, Services
""Executive Director of Corporate
ROK:mm
Cri'~ford
ADJUSTERS CANADA
Agreement to Provide
Adjusting Services
BETWEEN
THE CORPORATION OF THE CITY
OF NIAGARA FALLS
AND
CRAWFORD ADJUSTERS
CANADA
Crawford Adjusters Canada
539 Riverbend Drive,
Kitchener, Ontario
N2K 3S3
Service Agreement
This agreement is effective as of the 18th day of July, 2000.
Between:
THE CORPORATION OF THE GITY OF NIAGARA FALLS, an
incorporated City under the laws of the Province of Ontario ('City'),
- and -
CRAWFORD ADJUSTERS CANADA, a corporation incorporated
under the laws of Canada, with its head office in the City of Kitchener, Ontario, in
the Regional Municipality of Waterloo ('Adjuster').
WHEREAS the 'Adjuster' is engaged in and licensed to provide certain services
with respect to the investigation, evaluation, negotiation and settling of property
and Casualty insurance claims; and,
WHEREAS the 'City' has requirement of an adjuster to provide certain services
pertaining to the investigation, evaluation, n~gotiation and settling of property and
casualty insurance claims within their self insured retention of $10,000.00, and,
WHEREAS the parties to this agreement wish to set out the terms and conditions
governing the provision of services by the 'Adjuster' to 'the 'City' or, where
appropriate, the City's Insurers, during the term of this agreement,
NOW, THEREFORE, in consideration of the mutual promises contained herein
and subject to all the terms and conditions hereof, 'Adjuster' and 'City' agree as
follows:
1. Scope of Adjuster's Authority
1.¸1
City authodzes Adjuster to provide the Basic Services described in
subsection 1.2 in accordance with the terms and conditions of this
Agreement and any exhibits and/or addendums attached hereto and
incorporated herein, within the self insured retention portlot) of it's
insurance policies.
1.2
Adjuster agrees to provide the following 'Basic Services' for the
investigation, evaluation, negotiation and settling of property and
casualty claims made under the self insured retention portion of policies,
and to the City's Insurers for claims in excess of the City's self insured
retention, which occur and are reported to the 'Adjuster' for handling
during the effective term of this agreement:
a)
To establish and maintain a computerized claim register for all
claims made under the Policies, recording for each claim
serviced by the 'Adjuster', the claim number, the name of the
insured and all claimants, date of occurrence, date on which the
claim file was established, the amount of the loss and loss
adjustment expense reserves established and the location (city
and province) where the loss occurred.
b)
To provide the 'City' with an itemized quarterly risk management
information report not later than fifteen (15) business days
following the end of the quarter, of all claims and losses incurred
in the preceding quarter and from the inception date of the
policies.
c)
To investigate all claims and to recommend to the 'City', or
where appropriate, the City's Insurers, the amount of the loss
and loss adjustment expense reserves to be established for
each claim not paid within twenty-one (21) days of receipt
d)
To supply claim forms utilized in the investigation, evaluation
negotiation and settlement of all claims, and to use any claim
forms specified by the 'City', particularly the City's final release
form.
e)
To establish and maintain a hard copy and/or electronic file for
each claim reported to the 'Adjuster, containing all information
pertaining to the claim, and upon request, to provide the 'City',
or, where appropriate, the City's Insurers, with a complete copy
of any claim file, and to arrange internet access to 'City' file
notes via the Adjuster's 'Claims Management System program.
f)
To investigate, evaluate, negotiate and settle, as appropriate, all
claims within the 'Adjuster's' settlement authority limit as may be
established by the 'City' and described in the Claim Procedures
Protocols attached hereto as exhibit ' ', and incorporated
herein by reference
g)
To obtain wdtten approval from the 'City', or, where appropriate,
the City's Insurer, prior to settling any claim in excess of the
'Adjuster's' settlement authority limit.
h) To obtain the City's or the City's Insurers consent prior to
denying coverage on any claim.
To report all claims to the 'City', or, where appropriate, the
'City's Insurers' on which litigation is filed immediately following
receipt of notice of filing or service on the 'City'.
j)
To supervise all litigation and to attend any judicial or
administrative proceedings involving any claim serviced under
this agreement, subject to direction and authority of the 'City',
or, where appropriate, the City's insurer.
k)
To turn over to the 'City' or, where appropriate, the City's
insurers, all files and records relating to any settled claim, within
ten (10) business days following a request to do so from the
'City' or the City's insurers.
I)
To designate an account representative as the 'City's' contact
person to communicate and coordinate as needed regarding the
status of all claims serviced by the 'Adjuster' hereunder. Paul
Desjardins, Manager, St. Catharines Crawford Adjusters
Canada, is so designated.
1.3
'Adjuster' shall continue to provide the Basic Services for each cl'aim
until settled or closed or until the 'Adjuster' and the 'City', or where
appropriate, the City's Insurers, mutually agree in writing that the
Adjuster has no further liability with respect to such claim, subject to the
terms of section 1.2
1.4
The 'City', or where appropriate, the City's insurers, reserves the right to
assume control and handling of any claim at any time. 'Adjuster' shall
deliver promptly to the 'City', or where appropriate, the City's Insurers,
any claim file requested by the 'City' or their insurers; however, 'City'
shall not be entitled to offset or deduct the costs of handling such claim
from any of the fees or expenses owing to the 'Adjuster' under the terms
of this Agreement.
1.5
All claim files established by the 'Adjuster' pursuant to this Agreement,
shall at all times remain the sole property of the 'City', or, where
appropriate, the City's Insurers. The 'City' shall at all times be entitled to
review all claim files maintained by the 'Adjuster' at its place of business
at any time during ordinary business hours. The 'Adjuster' shall provide
the City's insurers and their examiners with access, upon reasonable
notice, to such files and records.
1.6
The 'Adjuster' shall notify the 'City', or where appropriate, the City's
Insurers, immediately upon receipt of any complaints and inquiries
received from any insurance regulatory authority, and shall provide the
'City', or where appropriate, the City's Insurers, with copies of any
written correspondence relating to such complaints and inquiries. The
'Adjuster shall cooperate with and assist the 'City', and, where
appropriate, the City's Insurers, in gathering any claim or loss
information necessary to respond to such correspondence, complaints
and inquiries.
1.7
The 'Adjuster' agrees not to delegate or subcontract to any third party
the performance of any services, duties or obligations undertaken by it
pursuant to this Agreement without the prior written approval of the City,
or, where appropriate, the City's Insurers.
Fees
2,1 As set out in Schedule "A" attached hereto.
3. Term and Termination
3.1 The initial term of the Agreement shall be from July 18th, 2000 and
ending July 17, 2003.
3.2
This Agreement may be terminated by either party without cause, by
providing at least ninety (90) days prior written notice of termination to
the other party.
4. Representations of Adjuster
The 'Adjuster represents and warrants as follows:
4.1
It will comply with all applicable laws governing claims handling
practices and procedures and other applicable law, rules and
regulations, in the performance of its duties under this Agreement;
4.2 It is duly authorized and licensed to perform its duties hereunder in each
jurisdiction where it will act.
5. Insurance
4.1 During the term of this Agreement, the 'Adjuster' shall maintain
continuously the fidelity insurance and errors and omissions insurance
5
described in exhibit' ' attached hereto and incorporated herein by
reference.
6, Indemnification
6.1
The 'City' shall indemnify, defend, and hold harmless the 'Adjuster' and
its employees, officers, directors and agents from and against any and
all losses, damages, expenses, causes of action and other liabilities of
any description whatsoever, including, without limitation, settlement
costs and reasonable legal fees, court costs, and expenses incurred in
the investigation, prosecution or defence of any claim or action or any
threatened claim or action, brought by an unrelated third party based
upon or arising out of or in connection with any claim serviced under this
agreement or the 'Adjusters' performance of its obligations under this
Agreement, except to the extent incurred solely as a consequence of
the 'Adjuster's' independent conduct.
6.2
The 'Adjuster' shall indemnify, defend and hold harmless the 'City' and
where appropriate, the City's Insurers, and their employees, officers,
directors and agents from and against any and all losses, damages,
expenses, causes of action or other liabilities of any description
whatsoever, including, without limitation, settlement costs and
reasonable legal fees, court costs, and other expenses incurred in the
investigation, prosecution or defence of any claim or action or any
threatened claim or action, brought by an unrelated third party based
upon or arising out of or in connection with any wrongful acts, errors,
omissions, or other negligent acts of omissions of the 'Adjuster', its
employees, officers, agents and subcontractors in handling any claims
under this Agreement, including allegations of bad faith in claims
handling, except as a consequence of the 'City's', or, where appropriate,
the City's Insurers independent conduct.
6.3 Termination of this Agreement shall not relieve either party of its
respective obligations of indemnification under this section.
7. Con~dentiality
7.1
Adjuster acknowledges that it's employees and other representatives
will be exposed to confidential and proprietary information of the 'City'
during the ordinary course of providing the services contemplated by
this Agreement. Adjuster agrees to use its best efforts and to cause its
employees and other representatives to use the same degree of care to
maintain the confidentiality of such information as it would and/or does
with respect to its own confidential and proprietary information. Adjuster
agrees to refrain from disclosing any part of the City's confidential and
proprietary information to a third party. In the event the Adjuster is
required to disclose such confidential and.proprietary information as a
result of court order, or testimony, the Adjuster agrees to provide prior
notification to the City.
8. Amendment and Waiver
8.1
This Agreement and the Exhibits attached hereto contain the entire
agreement between the parties with respect to the subject matter hereof
and shall not be amended except in writing duly signed by both parties
to this Agreement.
8.2
The failure of either party to insist upon strict adherence to any term or
condition of this Agreement on any occasion shall not constitute a
waiver of such party's fight to insist upon strict adherence to such term
or condition on a subsequent occasion. Any of the terms or conditions of
this Agreement may be waived at any time, and from time to time, in
writing by the party entitled to the benefit thereof, without impairing or
diminishing any other term or provision thereof. Waiver by either party of
a breach of any term or condition of this Agreement shall not operate as
or be construed as a waiver of any subsequent beach.
Notice
All notices, requests and other communications ('Notices') required or
permitted to be given under this Agreement shall be given in writing and shall
be deemed duly delivered if delivered personally with receipt acknowledged,
or by Canada Post, registered and certified first class mail, postage prepaid,
return receipt requested, addressed to the parties at the following addresses,
or such other address as any party may specify hereinafter by giving notice to
the other party in accordance with the procedure outlined in this section:
If to the 'City':
The Corporation of the City of Niagara Falls,
4310 Queen Street,
Niagara Falls, Ontario,
L2E 6X5
Telephone (905) 356-7521
Fax (905) 356-0759
Contact Person: Mr. Ray Kallio
If to the 'Adjuster':
Crawford Adjusters Canada
110A Hannover Dr.
St. Catharines, Ontario
L2W 1A4
Telephone: (905) 688-6391
Fax: (905) 684-0133
Contact Person: Mr. Paul Desjardins
Notices shall be deemed duly received on the date of delivery in person, or
five (5) days after placing in Canada Post.
10, Assignment
Neither party may assign its rights and obligations under this Agreement
without the prior written consent of the other party. All representations,
covenants, and warranties of this Agreement shall be binding upon and inure
to the benefit of the parties and their respective successors and permitted
assigns. Nothing in this Agreement is intended or shall be construed to confer
upon or give to any person or entity other than the 'City' and 'Adjuster', any
right, remedy or claim hereunder.
11. Severability
If any provision of this Agreement shall be declared invalid or unenforceable,
the remainder of the Agreement shall not be affected thereby and shall
remain in full force and effect.
IN WITNESS WHEREOF the parties have caused this Agreement to be
executed by their respective duly authorized officers as of the date first written
above.
The Corporation of the City of Niagara Falls,
By:
Name:
Title:
Crawford Adjusters Canada
By:
N~m~:
Title:
SCHEDULE "A"
3uly 5, 2000
The City of Niagara Falls
Mr. R.O. Kallio
City Solicitor
City Hall
4310 Queen Street
Niagara Falls, Ontario
L2E 6X5
Attention: Mr. Ray Kallio
RE: Crawford Adjusters Canada - Proposed Services
Dear Mr. Kallio:
This confirms your acceptance of the fee schedule as set out in our proposal.
The City agrees to the following:
Telephone adjusted losses $1000.00 to $10,000 Property Damage Only
All single, 'straightforward first or third party property damage claims, no
injuries.
Fee .................................................. $125 per file
Bodily Injury
All single, straightforward personal injury claims. Plus task assignment
where necessary.
Fee .................................................. $200 per file
Time and Expense
All work outside of the fiat rate fees will be billed on a time and expense basis -
blended rate of $95 per hour. This includes all operating expenses and excludes
disbursements. (See definitions below.)
Technical Services
Fees are on a time and expense basis, net of operating expenses as defined
below.
Fee ............................................ from $85, plus expenses
· Telephone
· Clerical Expenses
· Automobile - $0.55 per km
· Photographs - $2.50 per photo
· Photocopies - $0.50 per copy
Disbursements apply to all field and telephone fees on an incurred basis. and
include but are not limited to:
· Legal fees and all court related costs
· Engineering fees
· Private investigation and surveillance services
· Professional photography costs
· Expert consulting fees and their related court costs
· Independent medical examination fees and rehabilitation services
· Costs of public and hospital records, as well as police and medical reports
· Long distance telephone charges
· Appraisal fees
· Specialty Services Fees
ClaimsAlert
1) Claims assigned to Crawford Adjusters Canada -
2) Claims pulled back next working day -
3) Claims sent to contractor- Minimum charge -
4) Claim :Inquiries -
5) All other calls, cost per call -
~ Includes: Call screening as per your protocol.
· Overflow call handling.
·
No Fee
$:L5.00 per claim.
$30.00
$10.00
$5.00
Office closed for a Holiday, a week notice required.
Monthly summary of all calls provided.
The above sets out the fee schedule as proposed and captures the incidental
fees for the use of GLAIMSALERT for claims/calls that are not handled by
Crawford Adjusters Canada. Please call me if you have any questions.
Thank you,
John Smith
The City of
Niagara Fails
Canada
Legal Department
4310 Queen Street
Niagara Falls, ON L2E 6X5
web site: www.city.niagarafalls.on.ca
Tel:
Fax:
E-mail:
(905) 356-7521
(905) 374-7500
rkallio@city.niagarafalls.on,ca
R.O. Kallio
City Solicitor
L-2000-60
His Worship Mayor Wayne Thomson
and Members of Municipal Council,
City of Niagara Falls, Ontario
Members:
L-2000-60
Sign Regulations for Body-Rub Parlours
Our File No.
July 17, 2000
RECOMMENDATION:
That the regulations for signs for a body-rub parlour as set out in the attached proposed by-law be
adopted and that the said by-law be passed later in this meeting.
REPORT:
In response to inquiries from members of Council regarding the controlling of signs for body-rub
parlours, the attached proposed by-law would impose regulations on such signs.
Set out below is a summary of the sign regulations:
>- Words such as "body-rub", "massage", "naked" etc. are prohibited.
>- Only one wall sign no greater than 75 square feet will be pem~itted for a body-rub parlour.
The signs cannot be illuminated in any way and cannot have pictures or symbols on their
face.
> There can be no signs visible from any window of a body-rub parlour.
-2-
These regulations will address the impact that a body-rob parlour use may have in a particular area
by requiting signs that advertise such a use to be as unobtrusive as possible.
R.O. Kallio
City Solicitor.
Respectfully Submitted:
Edward P. Lustig,
Chief Administrative Officer.
Approved by:
ROK:mm
'3-
CITY OF NIAGARA FALLS
By-law No. 2000-
A by-law to amend By-law No. 99-164, as amended, being a by-law to provide for the licensing,
regulating, and inspection of body-rub parlours, owners, operators and managers of Body-Rub
Parlours and Body-Rubbers at Body-Rub Parlours.
THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS
AS FOLLOWS:
By-law No. 99-164, as amended, is further amended by adding thereto the following section;
(a)
(b)
30c.
In addition to the requirements under the municipality's sign By-law No.
6661, 1964, as amended, the following regulations apply;
No sign advertising a Body-Rub Parlour shall use the words, "body-rub",
"massage", "nude", "naked", "topless", "bottomless", "sex", "sexy" or any
other word or any picture, symbol or representation having like meaning or
implication;
The only type of sign for a Body-Rub Parlour which may receive a sign
permit shall be a wall sign which shall comply with the following:
(i) the sign shall have a maximum area of 75 square feet;
(ii) only 1 wall sign for each Body-Rub Parlour;
(iii) there shall be no illumination of any kind;
(iv) there shall be no pictures, symbols or like representation;
(v) there shall be no glow-in-the-dark, florescent or similar technique
applied to the sign;
-4-
There shall be no signs visible from any window of a Body-Rub Parlour.
Passed this
day of ,2000.
E. C. WAGG, CITY CLERK
WAYNE THOMSON, MAYOR
First Reading: ,2000
Second Reading: ,2000.
Third Reading: ,2000.