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2003/02/17PLANNING/COUNCIL MEETING Monday, February 17, 2003 Order of Business and Agenda Package PLANNING MEETING February 17, 2003 PRAYER: Alderman Art Federow DISCLOSURES OF PECUNIARY INTEREST Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. PRESENTATIONS His Worship Mayor Thomson and Todd Bamlay, Chair, The Municipal Heritage Committee (formerly LACAC) will present a Certificate of Recognition to Larry and Marilyn Vann in recognition of their efforts in the renovation and sensitive expansion of the former Niagara Falls Museum. DEPUTATIONS Girl Guides of Canada Ms. Laura Hockton, Niagara Frontier Girl Guides, wishes to address Council regarding local guiding and their Spring Cookie Fundraising Campaign. She will also request that Council proclaim February 16-22, 2003 as "Guide/Scout Week". ITEM NO. 05 PLANNING MATTERS Public Meeting Zoning By-law Amendment Application AM-41/2002, Thorold Stone Mall, 6161 Thorold Stone Road Owner: 820872 Ontario Limited Proposed Shopping Centre Expansion -2- Background Material: Recommendation Report: PD-2003-18 ITEM NO. 06 ITEM NO. 07 Public Meeting Zoning By-law Amendment Application AM-46/2002, 6269 and 6293 Dorchester Road Applicant: Falls City Design/Build Agent: Richard Brady, Planner Proposed 29-unit, Three Storey Apartment Background Material: Recommendation Report: PD-2003-19 - AND - Correspondence from Vera Lenc & Don Farquharson Correspondence from Margaret & Joseph Dwyer Correspondence from Maud Casimir Correspondence from Cheryl Slater Correspondence from Mrs. J. London Correspondence from Eugene R. Oatley & Patricia C. Oatley Correspondence from C. Speedie Correspondence from Robert Lalonde Correspondence from James Beauparlant & Darcy Raven Petition from Concerned Residents in the area Correspondence from Donald & Patricia Parker Correspondence from Dr. & Mrs. V. Vasic Correspondence from Chris & Mary Antaya Correspondence from Tony Knott Correspondence from Ernest & Irma Dragonette Public Meeting Zoning By-law Amendment Application AM-43/2002, 6940 & 7190 Morrison Street Applicant: RioCan Real Estate Investment Trust Agent: Glenn Scheels, Green Scheels Pidgeon Planning Consultants Proposed Expansion to Retail Centre Background Material: Recommendation Report: PD-2003-17 ITEM NO. 08 ITEM NO. 09 ITEM NO. 10 - AND - Correspondence from River Realty Development (1976) Inc. Correspondence from Regional Niagara, Planning & Development Department Public Meeting Zoning By-law Amendment Application AM-49/2002, 11153 Niagara Parkway Applicant: Michael and Nathalie Boyd Proposed Bed & Breakfast Accommodation Background Material: Recommendation Report: PD-2003-11 - AND - Correspondence from Regional Niagara, Public Health Department Correspondence from Regional Niagara, Planning & Development Department Public Meeting Official Plan & Zoning By-law Amendment Application AM-01/2003, CP Lands- Marineland Parkway Applicant: Fallsview Golf Inc. Agent: Italia Gilberti, Broderick & Partners Proposed Golf Course Background Material: Recommendation Report: PD-2003-13 - AND - Correspondence from Regional Niagara, Planning & Development Department Memorandum from J. Juliano Public Meeting Zoning By-law Amendment Application AM-47/2002, 6410 Montrose Road Applicant: Gabriella Marinelli Agent: Lou Marcantonia, 2M Architects Inc. Proposed Duplex Dwelling & Bed and Breakfast Accommodation -4- Background Material: Recommendation Report: PD-2003~16 - AND - Correspondence from Regional Niagara, Planning & Development Department MISCELLANEOUS PLANNING MATTERS Chief Administrative Officer Chief Administrative Officer ADOPTION OF MINUTES: PD-2003-21, Community Improvement Plan, Downtown Area. PD-2003-22, Appeal to Zoning By-law 2003-07; AM-38/2002; Garner Estates Phase 4 Draft Plan of Subdivision. REGULAR COUNCIL Regular Minutes of February 10, 2003 MAYOR'S REPORTS, ANNOUNCEMENTS, REMARKS COMMUNICATIONS AND COMMENTS OF THE CITY CLERK Memo from City Clerk - Re: Request to initiate proceedings to designate 6151 Culp Street as property under Part IV of the Ontario Heritage Act. RECOMMENDATION: For the approval of Council. Ontario Pharmacists Association - Re: Proclamation - requesting that Council proclaim the week of March 3 - 9, 2003 as "Pharmacy Awareness Week". RECOMMENDATION: That the request be approved. The Kidney Foundation of Canada - Re: Proclamation - requesting that Council proclaim the month of March as "Kidney Month". RECOMMENDATION: That the request be approved. Additional Items for Council Consideration: The City Clerk will advise of any further items for Council consideration. -5- REPORTS RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONR (Alderman Victor Pietrangelo, Chair) MISCELLANEOUS MATTERS 1. Chief Administrative Officer CD-2003-03, Designation of Cummington Square. Chief Administrative Officer CD-2003-04, Special Occasion Permit, Stamford Skating Club. Chief Administrative Officer L-2003-15, Establish as a Public Highway; Part 1 on Reference Plan 59R-11947 as Part of Corwin Avenue, RESOLUTIONS That the Council of the Corporation of the City of Niagara Falls reaffirms the passing of By-law 2003-07, a by-law to provide zoning regulations for the Garner Estates Phase 4 draft plan of subdivision. That the City Council reaffirms its support of the Stanley Avenue Storm Sewer Project. BY-LAWS The City Clerk will advise of any additional by-laws or amendments to the by-laws listed for Council consideration. 2003-33 To establish Part 1 on Reference Plan 59R-11947 as a public highway, to be known as and to form part of Corwin Avenue. 2003-34 To amend By-law No. 79-200, to recognize two existing single detached dwellings on the south side of Huron Street between Crysler Avenue and St. Lawrence Avenue. (Re:AM-48/2002) 2003-35 To set fees for lottery licensing. 2003-36 2003-37 2003-38 2003-39 2003-40 2003,4t -6- To amend By-law No. 79-200, to add a convenience store, a coffee shop and a personal service shop as permitted uses on lands zoned LI and to repeal By-law No. 93-37. (Re: AM-44/202) To amend By-law No. 79-200, to regulate the use and development of a commercial property located on the southwest corner of Morrison Street and Dorchester Road and to repeal By-law No. 95-260 which regulated, in part, the development of the retail centre to date. (Re: AM-43/2002,6940 Morrison Street) To amend By-law No. 79-200, to permit, in part, an expansion of the retail centre located on the south side of Morrison Street, west of Dorchester Road and to repeal By-law Nos. 95-260, 99-166 and 2000-59, which regulated the development of the retail centre to date. (Re: ^M-43/2002, 7190 Morrison Street) To amend By-law No. 2002-227, a by-law to consolidate fees and charges for various services, licences and publications for the City of Niagara Falls in compliance with the Municipal Act 2001. To provide for the adoption of an amendment to the City of Niagara Falls Official Plan (OPA ~46) To adopt, ratify and confirm the actions of City Council at its meeting held on the 17th day of February, 2003. NEW BUSINESS Corporate Services Department Planning & Development Inter-Departmental Memorandum The Cily of Niagara Falls Can~~ To: Barb Muir Secretary to Council From: Bill Matson Assistant Planner February l2,2003 Subject: Presentation of Certificate of Recognition to Larry and Marilyn Vann The Municipal Heritage Committee (formerly LACAC) has watched with interest the work being done on the Niagara Falls Aviary at 5651 River Road and appreciated the recent Niagara Falls Review article covering the efforts in the renovation and sensitive expansion of the former Niagara Falls Museum. Larry and Marilyh Vann are to be commended in their efforts to preserve the original character and exterior features of the building; Larry for his work as the contractor and Marilyn for her design and re-development of the building. The 4 storey, poured concrete and brick, Industrial style building was believe to be built in 1907 for the Spinny Corset Factory. In 1959, the building was renovated to be the home for the Niagara Falls Museum which operated until 1999. As a newspaper article has mentioned, it is nearly always cheaper to raise a building and start from the ground up rather than restore or integrate an old building in a new structure. The Municipal Heritage Committee and The City o fNiagara Falls are pleased that the Vann's have chosen the latter. It is appropriate to have their efforts be acknowledged formally by recognizing their stewardship of this property at the meeting of Council on Monday, February 17, 2003 which is also recognized both locally and nationally as Heritage Day. BM:ar c. Mayor Thomson John MacDonald Doug Darbyson S 5ttlSTORy~LACAC\GENERAL~003\Vann.mem.wpd W or~iu0 T00et~er to Serve Our Comm,nitg The City of Niagara Falls' Canada Corporate Services Department Planning & Development 4310 Queen Street P,O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city, niagarafalls.on.ca Tel.: Fax: E-mail: (905) 356-7521 (905) 356-2354 planning@city, niagarafalls.on.ca February 17, 2003 PD-2003-18 Doug Darbyson Director His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD-2003-18, Zoning By-law Amendment Application AM-41/2002, Thorold Stone Mall, 6161 Thorold Stone Road Owner: 820872 Ontario Limited Proposed Shopping Centre Expansion RECOMMENDATION: It is recommended that: 1) Council approve the requested Zoning By-law amendment application to permit several additions to the Thorold Stone Mall; 2) the amending by-law contain provisions requiring landscape strips along Thorold Stone Road and the abutting residentially zoned land; and 3) the area residents be involved in the site plan process for development of the site. BACKGROUND: Proposal 820872 Ontario Limited has requested an amendment to Zoning By-law No. 79-200 for the vacant land to the east of the Thorold Stone Mall, known as 6161 Thorold Stone Road, shown on Schedule 1. The amendment is requested to permit the construction of a one-storey, 22,040 square foot addition to the existing mall and a 4,750 square foot, 126-seat freestanding restaurant with a drive- thru lane. A turnaround is proposed to be constructed at the westerly limit of St. Mary's Street. Details are shown on Schedule 2. The majority of the land is currently zoned a site specific General Commercial (GC-209) zone. The balance is zoned Residential Single and Two Family (R2). Special provision 209 currently permits an addition to the mall over the larger portion of the subject lands. The applicant has requested a new site specific GC zoning over the entire lands to permit the proposed development. Working Together to Serve Our Community Clerks · Finance Human Resources Information Systems · Legal Planning & Development February 17, 2003 - 2 - PD-2003-18 History This application was originally heard by Council at its December 9, 2002 Public Meeting. At that time, a number of concerns were raised by residents and the application was deferred pending further consultation with the residents. A neighbourhood meeting was held on January 16, 2003. This meeting was held to specifically identify the issues and give the applicant an opportunity to address these issues. The discussions at this meeting are summarized in the Planning Review below. Planning Review Detailed review regarding the conformity of this development to the Official Plan and the appropriateness of the Zoning By-law amendment are contained in the attached staff report (PD- 2002-115). It is important to note that the actual area to be rezoned from residential to commercial is a small area to the north of a line drawn westward from St. Mary's Avenue to the Marland Avenue right-of-way. Additionally, the rezoning would result in a modest increase of commercial floor area (about 670 sq. metres (7,200 square feet) ) over what can be built under the current zoning. The amendment conforms with the Official Plan's intent of promoting the commercial viability of the Stamford Retail District. The proposed zoning amendment would represent a logical extension of the zoning boundary behind the existing plaza. The major issues brought up by residents at the neighbourhood meeting and how they are addressed are summarized below. The fencing between the residential properties and the plaza should be increased in height. The ends of St. Mary's Avenue and Marland Avenue should be closed off. The owner indicated a willingness to extend the wood fencing behind the existing plaza. Additionally, increasing the height of the fencing upwards to 8 feet where it is adjacent to residential properties would be determined at the site plan stage. A small opening in the fencing was left at the end of St. Mary's Street; this was intended to provide an alternate fire access route onto the property and also pedestrian access. The Fire Department has indicated that while this alternate access mayprove helpful in an emergency situation, it is not a legislated requirement. Additionally, the residents did not want the pedestrian access. It was agreed that the end of St. Mary's Avenue should be fenced off. There was also a request to fence off the end of Marland Avenue. There is currently a walkway onto the plaza from Marland Avenue that provides access to the neighbourhood around Orlando Drive. Fencing offMarland Avenue may increase buffeting for the residents near the plaza, but may be inconvenient to residents that may walk to the plaza. Therefore, this issue should be further reviewed at the site plan stage. The applicant's landscape architect also has confirmed the intent to generously plant landscape strips with good sized trees and shrubs to enhance buffering. February '17, 2003 - 3 - PD-2003-'18 The proposed hammerhead turnaround at the end of St. Mary's Street should be removed or replaced with a cul-de-sac. Due to the length of St. Mary's Avenue, fire safety regulations require a turnaround facility for fire trucks and other emergency vehicles. While a full cul-de-sac is possible, it is not necessary and a hammerhead design provides additional opportunity for greening. The applicant's landscape architect has confirmed the intent to provide tree planting adjacent to the hammerhead. 3. Noise and environmental impacts from the drive-thru for McDonald's restaurants. A representative of McDonald's was present at the meeting and provided information on the drive-thru. He indicated that the new speakers to be installed would have a lower volume that would be lowered further at night time. He also indicated a willingness to erect fencing and/or plantings to screen the drive-thru if necessary. With regard to the environmental impacts of the drive thru, he indicated that these would be minimal in comparison to the impacts of traffic on Thorold Stone Road. 4. After hours and overnight noise from vehicles behind the existing plaza. There have been complaints of delivery tracks and other vehicles operating during the night, particularly behind the Sears building. A similar issue arose with resident concerns about overnight deliveries at the IGA store at 6777 Mordson Street several years ago. An informal agreement with the owner of that store was established to control off-hour deliveries. Signage was put up by the owner stating overnight deliveries were not permitted. Although this agreement was not in the form of a by-law or formal agreement that would normally be enforceable by the City, there appears to have been some success. Should such an agreement be negotiated on the subject lands, it would be necessary to obtain the cooperation of the owner in enforcing such an informal agreement. 5. Other Issues A number of other issues were raised by residents, Council members and the applicant are briefly addressed in the following points: Speed bumps to control the speed of vehicles behind the existing plaza: The developer has expressed concerns about installing speed bumps and their effectiveness needs to be weighed against maintenance problems and noise these may generate. - The developer's landscape architect confirmed their intent to enhance landscaping at the Five Comers intersection. A concern was expressed by one resident about the size of the loading area for the new commercial building and whether tracks could access it. This is a detailed technical matter that will be addressed through site plan control. - Existing and new garbage bins would need to be enclosed as per the City's site plan standards. February 17, 2003 - 4 - PD-2003-18 There was an issue of drainage concerns on the subject property that affected nearby properties in the past and may still have an impact. Through development of the property drainage would need to be contained on the site. Site plan control will ensure this happens. - Thorold Stone Road is a Regional road and they would have jurisdiction over constructing a larger ramp to Portage Road and any related land acquisitions. Most of the issues brought up above would normally be dealt with through the site plan process. At the site plan stage, detailed plans covering fencing, grading and drainage, landscaping and building elevations are submitted. Fencing details, garbage enclosure details, lighting, the species, size and number of trees and planting and access details would all be finalized. It became evident at the neighbourhood meeting that many of the residents' concerns were of a technical nature and, therefore, there should be resident participation during the site plan process. CONCLUSION: The application is in conformity with the Official Plan represents a logical extension of the existing commercial zoning for the Thorold Stone Mall. The amending by-law should contain site specific requirements for landscaping strips adjacent to residential properties and adjacent to Thorold Stone Road, as shown in Schedule 2. The neighbourhood meeting held of January 16, 2003 resulted in a resolution of some issues, and the applicant showed a willingness to address resident concerns. It is recommended that residents be involved in the site plan process to address resident concerns. Prepared by: Planner 2 Recommended by: Doug Darbyson Director of Planning & Development jo~~ MacD/Doo~Spect~lly submitted: A V Chief Administrative Officer Tony Ravenda Executive Director of Corporate Services AB:ar SSPDRX2003~PD2003-18, AM-41-02 Thorold Stone Mall, 6161 Thorold Stone Rd.wpd SCHEDULE 1 LOCATION MAP Subject Property Amending Zoning By-law No. 79-200 6161 Thorold Stone Road AM-41/2002 Applicant: 820872 Ontario Limited 1 :NTS Novcmbe~ 2002 SCHEDULE F Corporate Services Department --Planning & Development The City of /~l~ 4310 Queen Street Niagara FallslI~lat P.O. Box,_1023 Canada .~1~ Niagara ~-alls, ON L2E 6X5 ~~lr web sfte: www. city-niagarafalis.on.ca Tel.: (905) 356-7521 Fax: (905) 356-7404 E-mail: planning@city, niagarafalls.on.ca December 9, 2002 PD-2002-115 Doug Darbyson Director His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD-2002-115, Zoning By-law Amendment Appliiation AM-41/2002, Thorold Stone Mall, 6161 Thorold Stone Road Owner: 820872 Ontario Limited Proposed Shopping Centre Expansion RECOMMENDATION: It is recommended that: 1) Council approve the requested zoning by-law amendment application to permit several additions to the Thorold Stone Mall; and 2) the amending by-law contain provisions requiring landscape strips along Thorold Stone Road and abutting the residentially zoned land. BACKGROUND:. Proposal 820872 Ontario Limited has requested an amendment to Zoning By-law No. 79-200 for the vacant land to the east of the Thomld Stone Mall, known as 6161 Thomld Stone Road, shown on Schedule 1. The amendment is requested to permit the construction of a one-storey, 22,040 square foot addition to the existing mall and a 4,750 square foot, 126-seat freestanding restaurant with a drive- thru lane. A turn-around is proposed to be constructed at the westerly limit of St. Mary's Street. Details are shown on Schedule 2. The land is currently zoned in part Residential Single and Two Family (R2) and in part a site specific General Commercial zone (GC-209). Specialprovision 209 currentlypermits an addition to themall over a portion of the subject lands. The applicant has requested a new site specific GC zoning over the entire lands to permit the proposed development. lYorking Together to Serve Our Conttnunity Clerks · Finance · Human Resources Information Systems · Legal Planning & Development Decem~be[ 9, 2002 -2- PD-2002-115 In 1989, the General Commercial zoning on the land was extended northward to a line running roughly westward from St. Mary's Avenue. This zoning was adopted to facilitate a 1,817 square metre (19,560 sq. ft) addition to the existing mall. It was previously pmpos, ed that St: Mary's Street would extend westward then northward to Marland Avenue and that this extension would form the boundary between commercial and residential uses. This extension of St. Mary's Street is nolonger being proposed. The applicant feels that dwelling units developed on this parcel will be difficult to market. This extension of St. Mary's Street is not necessary for traffic movements provided a turn- around is provided for emergency vehicles. Additionally, there were previous concerns expressed by residents on St. Mary's Street about extending this street. Therefore, the applicant is proposing the balance of !and be used for commercial purposes.. Surrounding Land Uses The subject lands are located within and adjacent to a commercial area that centers on the Five Comers intersection. Lands to the south and east along Thorold Stone Road are predominantly commercial and industrial. Lands to the north and northeast are used for low density residential. The existing Thorold Stone Mall is to the west. Circulation Comments Information regarding the application was circulated to City Departments, The Regional Municipality of Niagara and the pui~lic for comment. The following comments have been received. Municipal Works No traffic concerns, provided that vehicular access from the development onto Marland Avenue and St; Mary Street is physically restricted. An unopened portion of the Marland Avenue roadbiseets the subject lands and the developer has, in the past, utilized the right-of-way through a lease agreement with the City. The unopened portion of Marland Avenue has been deemed as surplus and the developer is presently negotiating the purchase of these lands at the appraised value. The City requires a land dedication fi:om the developer to construct a proper turn-around at the. dead end of St. Mary's Street. The applicant will construct this turn-around during the Mall expansion. The associated construction and land costs will be · subtracted from the purchase price of Marland Avenue road allowance. The development will be subject to site plan control to ensure that servicing, grading and vehicular movement is addressed to the City's satisfaction. The Marland Avenue and St. Mary's Street land transfer must take place prior to the applicant entering into a site plan agreement. The applicable commercial development charges will' be applied at the time of building permit issuance. December 9, 2002 - 3 - PD-2002-115 Parks, Recreation & - Culture No objections to the application, however, beautification~of the. existing plaza site at the comer of Thorold Stone Road and Portage Road, and also along the frontage of Thorold Stone Road, needs to be addressed at the site plan stage. Building & By-law Services All required Building permits to be obtained prior to commencement of construction. Any further comments with regard to the Ontario Building Code shall be addressed during the site plan approval process. Regional Municipality of Niagara No objections to the proposed zoning by-law amendment. Adequate fencing and buffeting should be provided adjacent to existing residential to rnlnlmize potential land use conflicts. The parking layout should be designed for safe and convenient intemal traffic ch'culatiori. A planted landscape strip along the frontage would be desirable to improve the strectscape. In addition, verbal comments and concems have been raised by members of the public. Specifically, the public is concerned about noise, emergency access, garbage, tmck deliveries to the rear of the plaza, the provision of adequate fencing and buffering for existing residential properties, the proposed accessory drive-thru for the restaurant, the future grading of the site and previous discussions ab?t constructing St. Mary's Street to Marland Avenue. A letter from residents requests the development be scaled back. Planning Review: The following is a summary of staff's assessment of the application. 1. The proposal conforms to the Official Plan. The majority of the subject lands abutting Thorold Stone Road are designated Major Commercial and are considered part of the Stamford Retail District. The Stamford Retail District is intended to be a principal shopping district providing a full range of retail uses to meet the weekly shopping requirements of residents. Additionally, the Official. Plan encourages intensification of commercial uses in the Stamford District to strengthen the commercial viability of the area. As the new commercial development would provide additional services for residents and would represent an intensification of the property, the proposed expansion is consistent with these policies. A small portion of the subject land at the rear is designated Residential. Minor adjustments to the boundaries of designations are pennitted without an amendment to the Plan provided the general intent of the Plan is maintained. This policy allows the rear portion of the land to be considered for commercial use. The requested amendment would allow approximately an additional 670 square metres (7,210 sq. fi.) of floor space to be built. Market impact studies are not required for such small increases in commercial floor space. December 9, 2002 ...... - 4 - PD-2002~HS-- 2. The requested amendment to Zoning By-law No. 79-200 is appropriate. The current General Commercial (GC) zoning would permit the development of a 1,817 square metre ( 19,560 sq. ft.) commercial building, subject to a 3 metre ( 10 fi) wide landscape strip being provided to buffer future dwellings on an extension of St. Mary's Street. The applicant now proposes a site specific zoning that would extend the existing GC zoning northward to incorporate his entire land holdings. To buffer existing residents from a larger commercial development, the applicant is proposing a more extensive 6 metre (20 foot) landscaping ship 'along the existing residential properties to the north. Although the development of residential properties On a future extension of St. Mary's Street may have buffered the residents on Orlando Drive, the generous landscaping strip, which would be extensively landscaped with trees and other plantings and would have a solid wood fence on the property line, would provide good buffering. It is recommended that site specific requirements for the landscaping strips abutting residential prope~ies and Thorold Stone Road.be incorporated into the Zoning By-law. It is also noted that the proposed zoning would result in a boundary between the commercial and residential zones that would be a logical extension of the zoning boundary behind the existing plaza. 3. A site plan would be required for the proposed development. It is anticipated that the site plan review process could deal with many of the concerns of the residents about the need for residential properties to be buffered fi:om the plaza. A site plan agreement would require the provision of a solid wood screening fence and generous landscape plantings abutting residential properties. Additionally, the provision of proper grading and drainage to mitigate any drainage impacts on adjacent properties, proper enclosures for garbage storage, infi'astmcture, landscaping along Thorold Stone Road, and emergency vehicle access would all be dealt with as part of the site plan process. As well as guiding the development oflhe new addition, the site plan process should look at improvements to the existing plaza (i.e., increased landscaping at the comer of Thorold Stone Road ~d Portage Road and along Thorold Stone Road, fencing abutting residential properties). 4. ' A land exchange between the City and the owner would facilitate the development. A parcel of land that extends southward from Marland Avenue is owned by the City. This parcel divides the land holdings of the owner; the proposal as shown in Schedule 2 would depend on the owner obtaining this parcel. St. Mary's Street currently ends just east of the subject lands. The City would have to acquire land from the owner on the subject lands to accommodate a proper turn-around for emergency vehicles serving St. Mary's Street and secure the construction of this turn-around facility. Schedule 2 shows this turn-around facility. December 9, 2002 - 5 - PD-2002.115 I£ the application is approved, a land e×change, whi(~ W0uid s~ the owner obtain the Marland Avenue extension hght-o£-way and the City obtain lands at the end o£St. Mary's Street, would need to bc tmdcrta~en concul~ently with thc site plan process. The details of thc precise parcels to bc exchanged, the construction of thc tnm-arotmd £acility at the end 0£ S. Mary s Street, and any monetary compensation for the C~ty, wall be determined prior to Council approval of the land exchange. cONCLUSION: I. The application is recommended for approval for the following reasons: It conforms with Official Plan policies and would promote the commercial vitality of the area. The expansion represents a logical extension of the existing commercial zoning for the Thorold Stone Mall. The provision of generous landscaping strips and plantings, proper garbage storage, wood fencing and proper grading and drainage would be implemented at the site plan approval stage and should alleviate residents' concerns about inadequate buffeting from the plaza. The amending by-law should contain site specific requirements for landscape strips abutting residential and abutting Thorold Stone Road. Andrew Bryce Planner 2 Respectfully submitted: Recommended by: Doug Darbyson Director of Planning & Development Approved by: T. Ravenda Executive Director of Corporate Services Attach S:~PDR~2002~PD2002-115, Thorold Stone Mall, AM-4 I.wpd Corporate Services Department T ..... ~,-/, Planning & Development ne L.~Ty Or ~'~I~ 4310 Queen Street Niagara FOILS llll~ P.o. Box 1023 Canada J,~ Niagara Falls, ON L2E 6X5 ~ml~' web site: www.city.niagarafalls.on.ca Tel.: (905) 356-7521 Fax: (905) 356-2354 E-mail: planning@city.niagarafalls.on.ca PD-2003-19 Doug Darbyson Director February 17, 2003 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD-2003-19, Zoning By-law Amendment Application AM-46/2002, 6269 and 6293 Dorchester Road Applicant: Falls City Design/Build Agent: Richard Brady, Planner Proposed 29-Unit, Three-Storey Apartment RECOMMENDATION: It is recommended that Council deny the requested Zoning By-law amendment application for 6269 and 6293 Dorchester Road for a proposed 29-unit, three-storey apartment. BACKGROUND: The subject properties are located on the west side of Dorchester Road, opposite Stokes Street, as shown on Schedule 1. Both properties are currently occupied by single detached dwellings and are zoned Residential Single Family lC Density (R1C) zone. The applicant recently made an application for consent to sever the rear 81 metres of 6293 Dorchester and add it to 6269 Dorchester Road to create a larger lot for infill development (Application No. B3/2003/NF). The Committee of Adjustment denied the application due to neighbouring residents' concerns respecting privacy, traffic generation and loss of natural environment. Proposal Falls City Design/Build, through its agent, Richard Brady, has requested an amendment to the Zoning By-law to permit the development of a 29-unit, three-storey apartment. The amendment is requested for all of 6269 Dorchester Road and the westerly two-thirds of 6293 Dorchester Road. Details are shown on Schedule 2. The applicant is requesting to change the zoning of the lands from R1C to a site specific Residential 5B Density (R5B) zone in order to permit the proposed development. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning & Development February 17, 2003 - 2 - PD-2003-19 Surrounding Land Uses The surrounding land uses are residential, with single detached dwellings immediately adjacent to the subject properties. Low density apartments are located to the north on Dorchester Road. The only exception is the former Dorchester Manor long-term care facility to the southeast. Circulation Comments Information regarding the application was cimulated to City departments, government agencies and the public for comments. The following comments have been received. Municipal Works Dedication of a 1.52 metre road widening across the Dorchester Road fi'ontage. Parks, Recreation & Culture Building & By-law Services 5% cash-in-lieu of parkland dedication will be required at condominium approval stage. A spruce tree may be located on the City boulevard. All building permits are required to be issued prior to commencement of construction. Further comments regarding the Ontario Building Code will be made at site plan review. Neighbouring property owners have expressed concerns respecting the loss of privacy, the lack of compatibility, a potential for an increase in traffic and the loss of a "natural" environment. Planning Review The following is a summary of staff's assessment of the application. The proposed development is not within the intent and purpose of the Official Plan's policies on infilling and redevelopment. The lands are designated Residential in the Official Plan. The Residential policies provide for a mix of housing in residential neighbourhoods catering to a wide range of households. In the case of residential redevelopment and infilling, housing proposals are to be "designed and integrated to achieve compatibility and sensitivity with the surrounding area in terms of density, height gradation, building mass and arrangement, setbacks and appearance". The proposed redevelopment of a single family lot located at 6269 Domhester Road, together with a portion of another lot located at 6293 Dorchester Road, for a 29-unit apartment building, would not be in keeping with the City's Official Plan policies. This opinion is based on the following design considerations. (a) Density: The density of the proposal is 57 units/ha. Densities in the Coach Drive, Brookfield Avenue area averages about 10 units/ha. Infilling and redevelopment in the midst of a low density residential subdivision should feature more compatible design densities. February 17, 2003 - 3 - PD-2003-19 (b) Height Gradation: Homes in the immediate vicinity of the subject lands are single storey and two storeys. The proposed apartment building is three storeys with a pitched roof. While a pitched roof design is more aesthetically pleasing than a flat roof, the applicant wishes to construct the building an additional two metres above the standard 10-metre maximum height requirement. In comparison, apartment buildings in the general area are 2 V2 to 3 storeys in height. (c) Building Mass and Arrangement: As shown on the site plan, Schedule 2, the building is sited at the rear of the lands with parking at the front and along the north property line. Site design is constrained artificiallyby the developer's intent to retain the existing house at 6293 Dorchester Road on a remnant building lot. Because of this, the designer does not have the opportunities to design the site more sympathetically with the neighbourhood to the west. With the remnant, the lands would have a rectangular shape and 47 metres of frontage onto Dorchester Road. This affords the site designer flexibility in design. For example, the building could be sited close to the street, giving a street presence to Dorchester Road and shifting the building away from the neighbourhood, hence achieving better compatibility. It would also allow for increased landscape buffering of the parking area. The site plan shows five feet of landscaping between the parking lot and the north property line. This is insufficient to adequately buffer the abutting property. At least 10 to 15 feet of landscaping should be provided, together with closed board fencing. By having the building located close to the street, there are more opportunities to preserve the open space amenities and existing trees at the rear of the property. (d) Setbacks: The building is set back 33 feet from the rear property line and 20 feet from the side lot lines. These setbacks comply with the minimum requirements of the requested R5B zone. In a greenfield development, these setbacks are quite appropriate, however, increased separation distances should be provided where residential intensification is occurring in an established neighbourhood. This premise is echoed by area residents in their concerns over the loss of privacy, building encroachment into open space and amenity areas and preservation of the natural environment. Based on the above, the development at the proposed density and as designed on the site plan cannot be supported. The density is in excess of that contemplated in the Official Plan for infilling and residential redevelopment, and the design places the building in a location that results in the greatest impact on the adjacent neighbourhood in terms of separation distance, maintaining privacy and the preservation of trees. Insufficient landscaping is provided to adequately buffer the parking area. 2. Other options exist for a more compatible development. (a) Reduction in density: The number of units would have to be reduced to comply with the Plan. This would allow for a reduced parking lot area and an increase in landscape buffering. It would not, however, reduce the impact of the building on the neighbourhood. February 17, 2003 -4- PD-2003-19 Utilization of the remnant parcel: The retention of the remnant artificially places a design constraint on the designer's ability to design thc site more compatibly. Primarily, thc building cannot be located close to Dorchester Road with parking along the side of it. Utilization of the remnant would allow for more design options and a more sympathetic layout. (c) Reduce the building height: This can be achieved either by elimination of the third storey or placing half of the ground floor underground, similar to a raised bungalow. Each will significantly mitigate the impacts of building height. (d) Assemble more land: The two lots adjacent to the north could be assembled with the subject lands for a more comprehensive redevelopment. With a larger land assembly, other forms of redevelopment could take place which may be more compatible with the surrounding neighbourhood. Townhouses, for example, represent a lower profile and lower density form of development which has been successfully integrated into existing residential neighbourhoods elsewhere in the City. The bungalow townhouse project currently under construction north of Stamford High School on Drummond Road is a case in point. Another form of redevelopment could be in the form ora single family subdivision. Imperial Court, north of the subject land on the east side of Dorchester Road, is a prime example. CONCLUSION: In conclusion, the application for a 29-unit, three-storey apartment is recommended for denial for the following reasons: · the proposed development does not comply with the intent and purpose of the Official Plan with respect for residential redevelopment and infilling; · the proposed development has not been designed to achieve proper integration with the surrounding residential land uses; and · oth~orms of residential Plan/ffer 2 intensification may be more compatible for the area. Respectfully submitted: John MacDonald Chief Administrative Officer Recommended by: Doug Darbyson Director of Planning & Development Approved by: T. Ravenda Executive Director of Corporate Services JB:gd S:hnDR~2003~PD2003-19, AM46-02 6269 & 6293 Dorchester, Falls Ci~j Design.wpd SCHEDULE 1 LOCATION MAP Subject Property Amending Zoning By-law No. 79-200 6269 Dorchester Road AM-46/2002 Applicant: Falls City Design/Build RECEIVED PL~NN~NB & O~V~=LOP~T Vera Lenc and Don Farquharson 6070 Clare Crescent Niagara Falls, On. L2G5K1 Director of Planning and Development City Hall 4310 Queen Street Niagara Falls, Ontario L2E 6X5 February 9, 2003 Re: City File AM-46/2002 Our home is located at 6070 Clare Crescent. We purchased this home and took possession of it in November 2000. We had been looking to buy a home in Niagara Falls for over a year before deciding upon the one we live in today. We chose this home for many reasons. The privacy and low traffic volume our crescent allows was appealing. Our back yard which has many mature trees and several flower gardens provides a lovely natural habitat for a variety of birds, squirrels, rabbits etc. However, our back yard backs onto a three building apartment complex built on Dorchester Road. We were not concerned about this when we purchased this home as we felt the high fence and mature trees were high enough separation barriers to allow us privacy. However over the two years and three months we have lived here we have had garbage thrown over the fence into our gardens on several occasions forcing us to speak to the superintendent of the building. The apartment garbage bins are up against the dividing fence and often the lids are open creating an odour problem on very hot summer days. The garbage tmcks are furthermore very noisy when the bins are emptied. The children who live in the apartments often, especially in the summer, play at the back of the building as there is nowhere for them to play. They have clh ~~ PLANNING & DEVELOPMENT fence to see what we are doing when they have heard music and have on several occasions asked us to search for their lost ball in our gardens. The traffic on Dorchester is horrendous at times. The traffic is often backed up to Barker Street during busy times and turning left or getting across Dorchester Road can be a frustrating challenge. The increased volume of traffic on Dorchester Road, invasion of privacy, noise and odor pollution are some of the reasons why we feel re-zoning the said property on Dorchester Road to accommodate an apartment building goes against the reasons why people have purchased homes in this area and have contentedly lived in their homes for decades. We ask that the decision to develop apa~h~ent buildings on 6269 Dorchester Road and 6293 Dorchester Road is reconsidered and oven'urned. Sincerely, Director_ planning and Development City Hall 4310 Queen Street Niagara Falls, On L2E 5Y1 File AM-46/2002 RECEIVED FEB /; 2003 PLANNING & DEVELOPMENT Our home is at 6235 Brookfield Avenue and we have lived here for the past 15 years. This location was chosen by us because oftbe peaceful nature of the area, and the single family homes surrounding us. We are totally against any change in the zoning of 6269-6293 Dorchester Road from Residential Single Family. One of our concerns in this regard is the number of children in the area that will be directly affected by the increased number of vehicles particularly on Dorchester Road. Many people attempting to avoid the "stop Lights" at Lundys Lane and Dorchester Road turn right on our street and use either Barker or Coach Drive to return to Dorchester Road. With more cars this will no doubt affect all of our streets in this immediate area. Sewers are another concern. In the past year we have personally had back flow through our sewer systen~ We hope that these comments would help you to change the development into a more compatible relationship with the neighbourhood. Thank you, Margaret and Joseph Dwyer. FROM : BUTTONS ~ UR MOBE PHONE NO, : 905 ~58 February 12, 2003. TO: City council Members. RE: City File # AM-46/2002 I am writing this letter to express my concern and protest against the proposed zoning change nnd the development of the properties at 6269 and 6293 Dorchester Road. I have lived on Coach Drive for 34 years and bought my house with the knowledge it was a designated as single unit residential. The proposed 29 unit apartment building is not compatible with the present neigbbourhood. The density and height of the project will affect the quality of life for us all, as well as the wild life in the neighbourhood. I am opposed to thi~ zoning change and will attend the Council Meeting February 17, 2003 to voice my concern. sincerely, Maud Caslmir 6940 Coach Drive Niagara Falls L2G 2J1 90S-3S7-7878 February 11, 2003 Director of Ptanning and Development City Hall 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Dear Sir/Madam: This letter is in reply to the Public Meeting Notice, Zoning By-Law Amendment Application, City File AM-46/2002 that I received in the mail. I am writing to you to inform you that I am not in favour of this application. I strongly oppose this application. I do not want the zoning to change in order to accommodate a three-storey, 29 umt apartment building. For ihat matter, I am not in favour of any apartment building being built on the properties known as 6293 and 6269 Dorchester Road. I have many reasons for this opposition but my main one would be traffic volume on Domhester Road. Quite often, the traffic is backed up to this proposed site all the way from Lundy's Lane throughout the day. Currently, it takes us several minutes before we can enter onto Dorchester Road from our property. With safety in mind, children walk back and forth to school as well, parents drive their children to and from school experiencing difficulty turning onto Stokes Road. Our property is one lot away from this proposed site and not a visible problem for us, however, I can't imagine how violated the people with property adjacent to, or moreso, backed onto from Brookfield will feel. Please keep in mind that my family and our neighbours chose to live here because of the location and peacefulness that we experience. We have a very mature, treed property with lots of ~vildlife - hawtcs, coyotes, rabbits, possums, squirrels, song birds. We would hate to lose this to someone's profiteering. We like our neighbourhood the way it is. I do plan on attending the upcoming meeting on Monday, February 17, 2003 at 6:00 p.m. in the Council Chambers. If further correspondence is needed by me to squash this application, please contact me. My telephone number is 905 354-0474. Sincerely, C 6243 Dorchester Road FEE I 200,t PLANNING &~,~D~._V.E LO P M E N-F $oanned ~ RECEIVED FEB - § 2O03 PLANNING & DEVELOPMENT February 2, 2003. Mr. Doug Darbyson, Director of Planning & Development, Niagara Falls, Ont. City File AM-46-2002 Dear Mr. Darbyson, Thank you for sending me notice of a meeting February 17, 2003. I have studied Schedule 1 and 2 very carefully. There are several matters of great concern to me. Traffic: The volume of cars on Dorchester Road in this area is horrendous. I know as I use it frequently. Cars travelling north to a red light at Lundy's Lane are now backed up south to Barker Street. A traffic light at Dorchester and Stokes would have to be given serious consideration. Drainage: Home owners north of this site have serious drainage problems. With 29 additional households wouldn't it mean a storm sewer would have to be installed? What traffic chaos that would be!! Fire Safety: It is hard to determine from Schedule 2 with all the parking spaces whether or not there is room for a fire engine pumper and aerial ladder engine to manoeuver in what looks to be a minimal space. Where could children play safely? Schedule 2 shows 29 apartments with 29 balconies. Imagine, from May to Octobera29 families out on their balconie~ talking, stereos playing and the aroma of 29 barbecues cooking! Got the picture? A"~°ft. high building peering down on the backyards of ~" '~' Brookfield Ave. residents, previously quiet and private. Would any members of council care to exchange houses with these unfortunate people? I think not. I have lived for over 40 years on the Clare Crescent cul-de sac on the south side. My rear property line is exactly 199 feet from this property and my patio is right in line with this proposed building with it's 9 balconies peering down on my privacy. Although a lot of trees are shown on the drawing, it takes 20 years for trees to mature. Aside from the fact the value of our homes would drop drastically, this is a very emotional issue for us. To a developer, with dollar signs in his eyes, this is a sketch on a piece of paper.. To us, it is our home, our neighbourhood. Do not let it be destroyed-- reject this project completely. Yours sincerely, Joan M. London Mrs. W.P. London, 6050 Clare Cres., Niagara Falls, Ont. L2G 2C6 January 23, 2003 Director of Planning and Development, City Hall, 4310 Queen Street, Niagara Falls, Ontario L2E 6X5 File: AM-46/2002 We live at 6270 Brookfield Avenue and will be one of many single family property owners who will be affected by the proposed rezoning of a Residential Single Family lC Density (RIC) lot to 5B Density (R5B) Apartment with 29 units. When my wife and I selected this quiet residential area it was because it was beautiful with trees: had the Hydro right of way that brought wildlife into/onto our property and the neighbourhood was populated with people of our age and older. In the 17 years that we have lived here, the quietness has been disturbed by increased traffic; the right of way is now being built upon and now the Single Family residential nature is being threatened. We object to this latest change. There is absolutely no necessity to place an 29 unit apartment building in the centre of single family dwellings. We live in a well treed area and this is now threatened with multiple cars and increased noise of additional people coming and going at all hours of the day and night. We enjoy the ability to sit in our back yard without people peering down upon us and watching our every move. My neighbour has a pool where his family and grandchildren come to play. Another elderly lady allows her property to be viewed in the local "garden tours" and is one of the most affected properties. It is a travesty. My wife feeds the wild life that comes onto our property. We have rabbits, squirrels, blue jays, robins, cardinals and a myriad of other birds that visit the feeders. Last year we lost the crows because of the West Nile of which we had no control. The odd time we have had a deer wander past and this year a coyote and wild turkey has been sighted. Why would anyone want to change this. Certainly not anyone who is living close to this proposed development. Let them develop in an area zoned for apartments. Not here. Thank you for letting us sound offand letting my place our objections to this proposal. ~Eu/g'~ene~R. ~Oatley 62~0 Bro;~ Niagara Falls, Ontario. L2J 5R8 905-354-3500 RECEIVED JAN 2 7 2003 PLANNING & DEVELOPMENT Niagara Concerts -'RECEIVED FEB 1 II 20113 PLANNING ~-~ & DEVELOPMENT~ BO. Box 112 Niagara Falls, ON Canada L2E 6S8 Telephone: (905) 356-4538 Fax: (905) 358.5683 Ni'agara P.O. Box I 1 2 Niagara Falls, ON Canada Telephone: (905) 356-4538 Fax: (905) 358'5683 February 9, 2003 NIRG. F~LL$ CLERKS '03 0210 To: City Council Members: RE: City File # AM46/2002 We are writing this letter to express our concern and protest against the proposed zoning change and development of the properties at 6269 and 6293 Dorchester Road. We live on the comer of Dorchester and Coach Drive and it has come to our attention that a developer is looking at developing the above properties with a 29-unit rental apartment building. This is simply unacceptable] First and foremost, the traffic congestion at this location of Dorchester Road has become a concern already. We have 2 young children who walk to school and we have noticed an increase in accidents and near accidents in this area over the last few years. This problem would simply be augmented by the addition of such a dwelling and we have many safety concerns. Secondly, we purchased our home based on certain facts. The area was designated as a single unit residential area when we purchased and this was important to us. We recognize that things do change but this proposal is such a drastic change from the current situation. The proposed development is not compatible with the current neighbourhood. It's density and height will forever change the area (and not for the positive). The property taxes in this area do not reflect this type of zoning. We feel that our property value and enjoyment of our home will be lowered with this proposal. We are deeply opposed to this and will be attending the City Council meeting on February 17, 2003 to voice our concerns. Thank you for your time. Yours truly, ?--..C-"x, ( She L onde ~6bea ~onde ~.~oncemed P~, Neighbours, ~d Homeome~-6918 Cinch Drive, Ni~a F~ls, On~o L2G 2J1 NI~. F~LS CLERKS '03 0210 February 10, 2003-02-09 Dear Members of City Council: We are writing this letter to express our concern and protest against the proposed zoning change and development of the properties at 6269 and 6293 Dorchester Road. Our home is 3 houses away from the said properties on Dorchester Road. We feel if this zoning change occurs, it will adversely affect our quality of life in our home and the value of our house. When we purchased our home 11 years ago; we purposely chose an area of the city that had single residential housing, large lots, and mature trees in a well-maintained area. This proposed development is not compatible with the present neighbourhood. The area is zoned single residential and a 29-unit rental building will not only compromise the privacy of abutting neighbours; secudty issues also adse with having an influx of non-property owners in a condensed area. It will also increase the volume of traffic on Dorchester, Barker and Stokes. Traffic is already a concern on Dorchester. We feel that traffic will be backed up to a degree where we will have trouble leaving and entering our driveway. An extra 30-50 cars on our block will cause considerable traffic gddlock. There are existing water and drainage issues in this area, which will be further' exacerbated by a multi unit dwelling. It is a natural mist area since this is the lowest spot on Dorchester between Lundys Lane and McLeod. Signs posted by the city support this fact. There is an abundance of wildlife on our property and on the surrounding properties, which will be displaced by this aggressive project. We have attended the Committee meeting regarding the land severance (which was denied) and will be attending the City Coundl meeting on Non. Feb 17, 2003, but we wanted to document our concerns and protest to you prior to the meeting. Respectfully yours, uparl~nt rchester Road Niagara Falls, Ontado L2G 5T4 905-374-6746 Niagara Falls, Ontario L2G 5TZ~ 905-374-6746 ZONING BY-LAW AMENDMENT CITY FILE: AM-46/2002 We, the undersigned, oppose the re-zoning of 6269 and 6293 Dorchester Road from Residential S nqre Family 1C Density to _Residential Apartment 5B Density. ADDRESS NAME SIGNED Re-Zoning 17-Feb-03 ZONING BY-LAW AMENDMENT CITY FILE: AM..46/2002 We, the undersigned, oppose the re-zoning of 6269 and 6293 Dorchester Road from Residentia S nd e Family 1C Density to Residential Apartment 5B Density, Re-Zoning 17-Feb-03 ZONING BY-LAW AMENDMENT CITY FILE: AM-46/2002 We, the undersigned, oppose the re-zoning of 6269 and 6293 Dorchester Road from Residential Sinqle Family i C Density to Residential Apartment 5B Density. ADDRESS NAME SIGNED Re-Zoning 17-Feb-03 Director of Planning & Development, City Hall 4310 Queen Street, Niagara Falls, Ontario, L2E 5Y1 File AM~46/2002 February 9, 2003 Planning Scan¢~l My husband and I live at 6357 Dorchester Road. We have lived in the area for over thirty years. We chose this area because it was a fairly quiet neighborhood. Over the years many, many children have passed by and the school busses stop right out front and we have more than enough traffic to suit us. We do not need more children coming and going all day long. An apartment building going in at the comer of Stokes Street and Dorchester Road would probably result in a stop light having to be installed, which would mean "traffic stops" all day long in front of our home. Something we do not need at our age- especially the gas fumes from slowed down traffic. Diamond Jubilee School will close in June 2003 and will bring more children down Dorchester Road to Stokes Street to attend Princess Margaret School. Just one more reason why we do not need an apartment building in this area. We are a residential area and do not need a large apartment building in the middle. All the neighbors I have spoken to are definitely against an apartment building in this area. Donald and Patricia Parker 6357 Dorchester Road Niagara Falls, Ontario L2G 5T4 RECEIVED FEB 11 2003 PLANNING & DEVELOPMENT - c-' I_Is Planning I ' Feb. l l, 2003. Dr.V Vasic, M.D. FRcs. FACS. Mrs. J.Vasic 6358 Brookfield Ave., Niagara Falls, Ont., L2G 5R8. Director of Planning & Development, City Hall 4310 Queen St. Niagara Falls, Ontario. L2E 5YI File AM-46/2002 My wife and I own a home that is adjacent to the southem property line of the proposed development. Our home and backyard would be fully exposed to the longest side of the proposed apartment building, with eight balconies in full view. The privacy we have had for over fifteen years will be gone. We look onto both lot 6269 Domhester Rd and lot 6293 Dorchester Rd. What we consider neighbourhood backyards you unfortunately refer to as vacant land and thus justify the department's infill policy. Several homeowners in our neighbourhood are retired. The5' choose to live here because it is an established, quiet neighbourhood. Since residents tend to stay in their homes for decades at a time, they know one another, and therefore feel safe. An apartment building placed in the proposed spot would adversely affect this. Twenty-nine families or individuals that are more transient than the residents in the area cannot be easily assimilated .Three properties to the west of the proposed building would lose either morning or afternoon sun. Two of the properties have glass sunrooms, one a prized garden and the other a swimming pool. The privacy, the safety of personal property and the safety of individuals should be of primary concern. Increases in health related issues have been associated with higher density residences. Health problems such as a) sleep deterioration due to vehicles entering and leaving the apartment building parking lot at all hours b) respiratory problems due to vehicle emissions and over flowing trash bins and c) the general noise pollution related to any apartment building complex. This is a lovely mature neighbourhood. The homeowners take pride in their homes and gardens, some for over fifty years. This residential area is one that has aged gracefully. Each and every home has been improved and carefully maintained over the years, no matter what it's value. Only single family detached homes have been built or been allowed to be built in this neighbourhood for the last fifty years. We would like this policy to continue. We are not against the development of single family detached houses similar to those existing in the neighbourhood. Surely elected officials can plan the location of new high density developments without sacrificing the character and charm of its stellar mature neighbourhoods. Sincerely, Dr. and Mrs. V Vasic. RE VED PLANNING & DEVELOPMENT "Residential "ORCHARD GROVE PLAN PLAN (2o.8~ w~£) 271.562 PART 1 Land" OF SUBDIVISION" 59M 229 ~ PART 2 -' ~j ARE^=1.0?* Hm L~J ~ "VACANT LAND' / · PROPOSED ORCHAED GROVE Y*~E~' SD~D~V~ION "EXIS~NO CAMP gROUND" 110,679 METRIC NOTE KEY PLAN (NOT TO SCALE) SUBJECT Cllh' OF NIAGARA FALLS PART OF STAMFORD TOWNSHIP LOT 134 crn' OF NIAOAPA FALLS REGIONAL MUNICIPALITY OF NIAGARA UAll)~I')S, C.k~lE~ffi, ~ - )~RRY I. NO'NE SURVE?lN~ ui~ml:~D atthews, Cameron, Heywgod - Kerry '1'. Howe Surveying Limited Director of Planning & Development, City Hall 4310 Queen Street Niagara Falls, Ontario L2E 5Y1 Chris & Mary Antaya 6219 Dorchester Road Niagara Falls, Ontario L2G 5T4 February 10, 2003 RE: FILE AM-46/2002 To Whom it May Concern, We are writing this letter today in reference to File AM-46/2002 and the proposed re-zoning of the property at 6269 Dorchester Road and the westerly two-thirds of the property at 6293 Dorchester Road which would then allow for the construction of a three-storey, twenty-nine unit apartment to be built on the lands in question. In our opinion, such a construction project would be detrimental to the existing neighbourhood, and would like to go on record as being opposed to any project that would see multi-residential buildings of any sort being constructed on these lands. The original zoning is for single family residential, privately owned use and we firmly believe that it should remain as such. Currently there is an apartment complex to the north of our property, with one house, 6195 Dorchester Road in between. With this apartment complex towering over our backyard, with its many windows and countless pairs of peering eyes, we have very little privacy in our own backyard. A new three-storey apartment building will further compromise what little privacy we have in our backyard, not to mention the total lack of privacy to the home owners adjacent to these properties and directly behind them. These people will no longer be able to enjoy the natural beauty of their yards, their pools, decks and patios if this construction project is allowed to proceed as outlined on the Site Plan of Schedule 2. Of further concern is the affect twenty-nine additional residential units will have on the sewer system in this area. During the almost twenty years we have lived in our home, we cannot recall a time when any work has been done to upgrade, modernize or repair the existing s~ ~'~R~b~ FEB ~ ~ 2003 PLANNING & D,~,~ V~-O P M E N T , this area. What affect will the flushing of twenty-nine additional toilets and the running water of fifty-eight additional sinks have on the existing system? During the construction of the "Imperial Court" housing development north of our property on the east side of Domhester Road a few years ago, there were a number of days while the construction and connection of their water systems into the existing system were taking place, that brown water came running out of my taps and into my washing machine and hot water tank. With water meters in the city of Niagara Falls, is City Hall prepared to give the tax payers and water users on Dorchester Road, Brookfield Avenue, Claire Crescent, Stokes Street and the surrounding areas a refund for the water that they cannot use and will be forced to let nm down their drains in order to have clear-ming water in their homes? A third concern deals with the natural environment and wildlife in this area. Trees which have been growing for thirty, forty or fifty years and longer, cannot be replaced by saplings and be expected to provide the same amount of privacy, shade, protection from light pollution (which will be generated from lighting in the parking lot and also from the building and twenty-nine units as well), and habitat for countless birds, opossums, wild rabbits, raccoons, squirrels and other wildlife in the area. The entire inner city wildlife refuge of this area will be changed, and not for the good with the addition of an apartment complex of this magnitude fight in the middle of this area. This section of Dorchester Road and the surrounding neighbourhood is a prestigious area of the city with large lots which have been owned by the same owner for many years. Some of the residents in this area, have lived in their homes for as many as fifty years. Once people purchase their homes on these large lots, this is usually their fmal residence. With a twenty-nine unit apartment building added to the area, there will be an increase in traffic along an already very heavily travelled roadway, which will increase vehicular pollution, noise pollution and also increase the air pollution as a resuk of increased exhaust. The increased road traffic creates an added hazard to children and other pedestrians walking or biking along the sidewalks, not to mention the number of vehicles which would be entering and exiting the proposed apartment complex crossing the sidewalk and slowing the flow of vehicular traffic on the road. With the current volume of traffic and the current housing density in this area, it is already difficult to enter and exit our driveway with traffic sometimes backed-up to Stokes Street from the traffic light at Lundy's Lane and Dorchester Road. And just imagine the traffic headaches and tie-ups that will be caused by construction vehicles in and out of the properties in question and on Dorchester Road itselfl A final point of concern is the transient nature of renters. Since a person renting an apartment does not have an ownership stake in the property, we fear that there will be an increased threat of vandalism, graffiti and other crimes as well as an increase in litter and garbage in the neighbourhood if an additional apartment complex is constructed on Dorchester Road. It is for this mason, and the others outlined in this letter, that we strongly believe, that for the safety of the children and elderly residents of Dorchester Road, that the zoning should remain single residential for the lands in question. Thank you for your time and consideration in this matter. ary Antaya February 8, 2003 L~~b. P!annlng ~ $canne~ . ~ Director of Planning & Development, 4310 Queen Street, City aU, Niagara Falls, Ontario. L2E 5Y1 File AM-46/2002 I am 92 yearas old, and have hved at 6271 Brookfiled Avenue, since 1953. When I built my house there were no paved streets, only a gravel road. People asked me "Why are you building a house out in the Boonies?" I like the area when I first saw it, and I still do. It is a nice quiet residential area. I hope it stays that way. I am again.qt re-zoning the area for a 29 Unit Apadment Building. It is just not suitable for this area. Tony Knott 6271 Brooldield Avenue, Niagara Falls, Ontario. L2G 5R8 '" ECEIVED PLANNING & DEVELOPMENT Scanned . I Dkector Planning & Developement, City Hall 4310 Queen Street, Niagara Falls, Ontario. L2E 5Y1 File AM-46/2002 February 7,2003 My wife and I live at 6292 Brooldield Avenue. We have hved in the area for the past twenty years. We chose this area because it was a quiet residential area with a warm friendly atmosphere. Our lot is at the back of the lot on 6269 Dorchester Road. From the North end of Lot 6269 we extend thirty feet south on the back end of said lot. Our Master Bedroom is located in this area thirty feet from the £ence line of 6269 Dorchester. With 40 Or 50 cars coming and going at all hours of the day and night, it will certainly interrupt our sleep. We also have a Twenty by Forty inground swimming pool, that was put in 10 years ago. At that time we planted Fifty Cedar Trees so that we would have privacy. They are now Six Feet tall and give us a very nice back yard. With a twenty-nine unit aparment building at our fence line looking into our back yard we will no longer have any privacy whatsoever. Also South of the proposed development is a Large School Yard with a gate on Dorchester Road where the children cross to go to school. We do not need more traffice on Dorchester. There must be a better place in the City of Niagara Falls for an apa~ht~ent building that is already zoned for a Commercial Building. All the Neighbours I have spoken to are strictly against an Ap~unent Building in this area. Ernest & Irma Dragonette 6292 Brookfield Avenue Niagara Falls, Ontario L2G 5R8 RECEIVED PLANNING & DEVELOPMENT The City of Niagara FallsI Canada Corporate Services Department Planning & Development 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.nia§arafalls.on~ca Tel.: Fax: E-maih (905) 356-7521 (905) 356-2354 planning@city.niagarafalls .on .ca PD-2003-17 Doug Darbyson Director February 17, 2003 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re~ PD-2003-17, Zoning By-law Amendment Application AM-43/2002, 6940 & 7190 Morrison Street Applicant: RioCan Real Estate Investment Trust Agent: Glenn Scheels, Green Scheels Pidgeon Planning Consultants Proposed Expansion to Retail Centre RECOMMENDATION: It is recommended that Council: 1) approve the Zoning By-law amendment to permit the expansion of the retail centre located at 7190 Mordson Street; 2) approve the amending by-laws on tonight's agenda to establish regulations for each of the Zehrs and Walmart/Staples sites: and 3) require the applicant to provide a bus transfer area on Part 2 that is satisfactory to Niagara Transit and Municipal Works as a condition of the site plan agreement for the proposed Home Depot. BACKGROUND: The subject properties are located in the southwest quadrant of Morrison Street and Domhester Road, shown as Parts 1 and 2 on Schedule 1. Part 1 is owned by Loblaw Properties Limited and is currently occupied by the Zehrs supermarket. Part 2 is owned by RioCan Real Estate Investment Trust and is occupied by Walmart, Staples/Business Depot and several smaller stores. A consent has been approved to divide Part 2 into two parcels in order to create a separate parcel for the proposed Home Depot. A site plan showing the location of existing and proposed buildings is attached as Schedule 2. A detailed history of the zoning approvals affecting these lands is summarized in Appendix 1 (see attached). Working Together to Serve Our Community Clerks · Finance Human Resources · Information Systems Legal Planning & Development February 17, 2003 - 2 - PD-2003-17 Parts 1 and 2 are linked through Zoning By-law 95-260 which zoned all of the lands Planned Shopping Centre Commercial (SC-391) which permits the establishment of a 320,000 square foot retail centre in a big box format. In addition, Part 2 received two further zoning approvals to add Special Provisions 486 and 502 which permit ancillary service commercial uses and five retail stores with a gross leasable floor area (gfa) of less than 5,000 square feet each. Further, Part 2 has received two minor variance approvals affecting the floor areas of specific stores on the site. Proposal RioCan Real Estate Investment Trust, through its agent Glenn Scheels of Green Scheels Pigeon Planning Consultants, in conjunction with Loblaw Properties, has requested an amendment to the Zoning By-law to: · provide separate zoning by-laws for each of Part 1 and Part 2; provide on Part 1 a definitiOn of a supermarket and recognize it as an established use and allow for the continued opportunity for retail sales of non-department store DSTM products; permit on Part 1 a gasoline bar as a use, establish a minimum floor area for retail stores of 25,000 square feet and provide a new parking standard for the supermarket use; add to Part 2 an additional 100,000 square feet for a home improvement centre and establish a parking standard for the home improvement centre; provide on Part 2 a maximum of six retail stores having a gross floor area of less than 5,000 square feet each; and · to consolidate on Part 2 all previous approvals. Surrounding Land Uses Lands located to the east are developed for commercial, office and automobile service station uses. The Optimist Club and ball fields are located to the north. A CN Rail line abuts the property to the south with the Vincor winery immediately south of the rail line. The QEW abuts the subject property to the west. Circulation Comments Information regarding the application was circulated to City departments, government agencies and the public for comment. The following comments have been received. Municipal Works The City is currently conducting a study of Dorchester Road and is requesting that the applicant contribute $4,000.00 to the study so that road and access requirements may be assessed. · Parks, Recreation & Culture No objections. Fire Services No objections. Further review is required at the site plan and building permit stages. February 17, 2003 - 3 - PD-2003-17 Building & By-law Services No objections. All permits are required to be issued prior to commencement of construction. Planning Review The following is a summary of staff's assessment of the application. 1. The expansion proposed is within the intent and purpose of the Official Plan. The lands are designated Major Commercial in the Official Plan for large, freestanding (big box) retail outlets. The policies allow for a food store, a junior department store and home improvement centre among the retail uses. The first phase of development is not to exceed 320,000 sq. ft. ofgfa and may expand to 423,000 square feet when warranted by the market. Currently, the retail centre has reached 78% of the Phase 1 limit. The distribution of floor area has occurred by agreement between Loblaw and Rio Can (and its predecessors). In addition to grocery items Zehrs, includes non-department store DSTM products. Loblaw Properties has applied for site plan approval to expand the non-DSTM retail uses on Part 1 of the site to build-out. RioCan has applied for site plan approval to construct the final 20,000 square feet allocated to the balance of the site. Therefore, the site will soon be at full development within Phase 1. The first phase gfa is allocated as: Use Existing gfa Expansion Total (sq. ft.) potential (sq. ft.) rounded (sq. ft.) rounded rounded Loblaw Properties 72,000 50,000 122,000 Rio Can (Walmart, Staples, etc.) 178,000 20,000 198,000 Total 250,000 70,000 320,000 The 1995 market study for the initial approval forecast the build-out of the second phase would be achieved in 2002. The proposed second phase expansion to 423,000 square feet is to acconunodate a home improvement store. Home Depot recently announced its intention to locate a store at this site. A home improvement store is one of the uses specifically listed as being permitted by the Official Plan policies affecting these lands. The applicant has submitted a market study that identifies support for a 100,000 sq. ft. home improvement store. This is consistent with the 1995 Market Report. The consultant, Pricewaterhouse Coopers (PwC), has concluded that the proposed Home Depot will recapture the outflow of expenditures going to the St. Catharines. Recapturing the outflow of expenditures was a premise of the retail centre initially. PwC identified that the major impact will be experienced by the Home Depot store in St. Cathadnes as Niagara Falls residents will no longer have to drive to the St. Catharines Home Depot. PwC forecast that minor impacts may be experienced by both the RonaJCashway and Fan' Lumber stores in the city, but concluded the impacts will not result in store closures. However, both the latter stores may have to adjust product lines to compensate for any losses. February 17, 2003 -4 - PD-2003-17 The proposal to add 100,000 sq. ft. of commercial space is within the second phase floor area provided by the Official Plan, is supported by a market report and a home improvement centre is a listed use in the Official Plan for this site. Therefore, the proposal complies with the Official Plan policies. 2. The proposed amending by-laws are appropriate. (See Appendix 2 for details.) Loblaw Properties already has the right to develop 122,000 square feet of retail space on Part 1. No further floor area expansions are proposed for this portion of the shopping centre. The addition of a definition of supermarket will clarify the permitted use of the property and ease zoning administration by the municipality. Non-department store DSTM sales are currently allowed on the site and are regulated by By-law 95-260. Once this by-law is repealed there will be no floor area provisions for this use. Therefore, the addition of a floor area minimum of 25,000 square feet per retail store will establish a size which is consistent with the big box format intended for the site. The reduction of the parking standard from 1 space/20 sq. m (215 sq. ft.) to 1 space/18 sq. m (193 sq. m) is consistent with the standard being recommended in the draft comprehensive zoning by-law currently trader review for the City. Lastly, the addition of the gasoline bar reflects a trend by the grocery store chain to expand product lines. Over the years the City has seen a decline in gasoline outlets, this facility would provide another alternative. Rio Can has requested the addition of 100,000 square feet of retail space to accommodate a home improvement centre on Part 2. A home improvement centre was contemplated as one of the principal uses for the site in 1995. The existing by-law provides for "one freestanding home improvement warehouse store building of not less that 2,800 sq. m (30,000 sq. ft.)". The market study submitted demonstrates a sufficient market to warrant the additional floor area. The by-law will contain specific setbacks for the home centre building. Parking for the home improvement centre is to be applied at a ratio of 1 space/40 sq. m (430 sq. ft.) which is the current standard used by the City for other home improvement centres. The zoning by-law for Part 2 will consolidate existing approvals into one document for ease of administration. Therefore, the minimum floor area for the department store will be 70,000 sq. ft. as is currently established. Further, whereas existing Committee of Adjustment and zoning approvals provide for a total of six stores under 5,000 square feet and that they be located in one building, the applicant is seeking permission to provide that the six stores under 5,000 square feet could locate in more than one building. The number of smaller stores is limited to ensure the centre retains its big box function and does not become a typical retail strip plaza. The placement of the stores into one building was part of a settlement agreement, but it is unlikely that locating the stores between the three other buildings located on the site will make any discernable difference in the marketplace. Previous approvals provided for ancillary service commercial uses on the site. These uses will continue to be permitted. A reduction in front yard setback from 68.8 feet to 65.5 feet reflects an existing situation. Finally, the addition of definitions for department store and home improvement store are being added to better regulate these uses. Therefore, changes to the by-law recognize that Part 1 and Part 2 are separately owned. Provisions will ensure that the site continues to operate as a big box centre stemming the outflow of dollars away from the City. The expansion of floor area is contemplated by the Official Plan and the zoning to add 100,000 square feet for the home improvement centre implements the policies of the Official Plan. February 17, 2003 - 5 - PD-2003-17 3. The further development of Parts 1 and 2 will be subject to a site plan agreement. A site plan application has been made for the expansion of Zehrs. The expansion will address an addition to the building, an expanded parking area and driveway entrance improvements. A site plan application has been received to add further retail and ancillary service uses attached to the south end of Staples Business Depot. A site plan application has been filed for the construction of the Home Depot. The site plan review will address site servicing, landscaping, parking configurations and other matters. As part of the review, Niagara Transit has requested that a bus transfer area be constructed on Part 2. The suggested location is on the east/west service road south of the Boston Pizza, Moores and Dollar Store building. This change will necessitate that road be widened to accommodate the bus parking spaces and a sidewalk area for pedestrians. The area should be large enough to accommodate three buses. Negotiations are proceeding with the applicant, but it is recommended that this be a condition of the site plan agreement. CONCLUS!ON: In conclusion, the application to amend the zoning by-law for 6940 and 7190 Morrison Street can be recommended for approval based on the following: the proposed expansion is contemplated by the Official Plan and is supported by the requisite market study. the proposed home improvement centre is already a permitted use in the zoning by-law. the new amending zoning by-laws will consolidate all previous approvals and will provide for a more comprehensive regulatory framework. · the pfi,~osed expansions will be subject to site plan agreements with the City. Preparecl~y: Approved by: ~sley T. Ravenda Plar~er 2 Executive Director of Corporate Services and ex Herlovitch Deputy Director of Planning & Devlopment Respectfully submitted: John MacDonald Chief Administrative Officer Recommended by: Doug Darbyson Director of Planning & Development JB:gd Attach. S:~PDR~2003\PD2003-17, AM-43-02, 6940 & 7190 Morrison St, RioCan.wpd APPENDIX 1 Application Approval Date Synopsis 1) AM-21/95 1995 Original application. Proposal to establish a "big box" retail OPA # 14 centre. Policies established to ensure that the primary function By-law No. 95-260 is for large, free-standing retail outlets. Phasing established: 29,730 sq. m gross leasable floor area (gfa) for first phase, 39,297 sq. ra for the second (build-out). Ancillary service commercial (ASC) uses permitted through Zoning By-law amendment (ZBA) when total gfa exceeds 15,000 sq. m. 2) A-13/98 February 5, 1998 Minor variance application to increase the gfa of the jumor department store (Walmart) from 9,300 sq. m to 10,219 sq. m. 3) A-78/98 September 8, 1998 Minor variance application to decrease the minimum gfa of retail uses from 465 sq. m to 372 sq. m, for one unit only. 4) AM-19/99 1999 ZBA to add the following uses as ASC uses to a maximum of By-law No. 99-166 1,858 sq. m: restaurant, bank, trust company or credit union, personal service shop, service shop, health centre. 5) AM-01/2000 2000 ZBA which proposed: By-law No. 2000-59 (a) to permit 5 buildings on Pa~t 2; (b) to peimit retail uses to have less than 465 sq. m of gfa; and (c) to permit a maximum of 8 retail stores with agfa of less than 465 sq. m. Market impact report by Pricewaterhouse Coopers (PwC) tared that the proposal for smaller retail units was in keeping with the current trends for power centres, that there is adequate market demand and that existing retail developments, namely downtown, Niagara Square and Zellers/IGA plaza would be maffected by the proposed smaller retail uses. Council approved the applicatiunandpassedBy-lawNo- 2000-59. The by-law was subsequently appealed by River Realty to the 3oard. A settlement (without hearing) was reached which required the Board to revise the by-law: the number of retail uses with less than 465 sq. m was limited to 5 (instead of 8) and all were to be located within the same structure. 6) AM-04/2001 Application ZBA to increase the total gfa to 35,416 sq. m for the withdrawn, establishment of home improvement centre. Essentially to go beyond phase 1 (in the OP) but not to build-out. PwC report in the support of application stated that the proposed home improvement centre would stem the flow of expenditures to St. Catharines' Home Depot, would capitalize on the growth of. home improvement expenditures and would have no impact on the planned function of the retail areas in the City. Council approved report PD-2001-23 (which recommended approval). Application withdrawn due to concerns of Loblaw Properties Limited. APPENDIX 2 Part 1 - Zehrs Provision Proposed Existing Comment 1. Uses Supermarket, retail stores, gasoline bar. Gasoline bar is not Additional use of a gasoline bar requested permitted, due to new trend for Zehrs supermarket. Uses to be restricted to supermarket, retail stores and gasoline bar only. ! 2. GFA Total gfa for Part l not to exceed 11,335 sq. Total gfa for Parts 1 and New by-law establishes maximum gfa for m. Minimum gfa for aretail storeto benot 2 not to exceed 29,730 Partl. WillincludeproposedZehrsaddition. less than 2,320 sq. m. sq. m. Supermarket Minimum gfa of 2,320 sq. m for retail stores minimum gfa 6,500 sq. will retain big box concept. m. Retail minimum gfa not less than 465 sq. m. 3. Definition of Defines site specifically a supermarket: a None provided. Definition will regulate the use. supermarket retail store devoted to the sale of food with a ' number of ancillary retail sales (in part). 4. Parking 1 space/l 8 sq. m of floor area. 1 space/20 sq. m of floor Reflects current demand. Ratio is that being requirements area. recommended for the City's new comprehensive zoning by-law. Part 2 - Walmart Staples, Proposed Home Depot Provision Proposed Existing Comment 1 ) Regulations Part 2 to be considered one parcel for certain N/A Done for ease of by-law administration. zoning requirements regardless of prope~rty ownership. 2) Front yard depth 20 m 21 m To recognize a minor encroachment on the existing setback. 3) GFA Total gfa for Part 2 not to exceed 27,962 sq. Total gfa for Parts 1 and New by-law establishes total gfa for Part 2. m. Minimum gfa for a department store not 2 not to exceed 29,730 Previous maximum gfa for department store to be less than 9,300 sq. m. Minimum gfa sq. m. Department store varied by C of A to 10, 219 sq. m. Home for a home improvement store not to be less to have minimum gfa of improvement store will be at least 9,300 sq. than 9,000 sq. m. 6,500 sq. m but not m in gfa. New by~law accommodates these more than 9,300 sq. m. floor areas. Home improvement store to have gfanot less than 2,800 sq. m. 4) Number of retail 6 stores. 5 stores in one building Elimination of the regulationthat these stores stores with less under By-law No. 2000- be in one building. Site plan shows a than 465 sq. m of 59. Minor variance also distribution between three buildings with gfa. granted a reduction in other larger retail stores and accessory uses. gfa for one store prior to Big box format retained. By-law No. 2000-59. 5) Ancillaryuses. Bank, trustcompanyorereditunion, personal Same. CarriesthroughtheprovisionsofBy-lawNo. service shop, service shop, and health centre 99-166. not ancillary to department store, home improvement store or other retail store. 6) Definitions for Department store: a retail store containing a None provided. Definitions will regulate use. department store wide variety of commodities and having at a n d h o m e least three main lines (in part). Home i m p r o v e m e n t improvement store: a retail store devoted to store, the sale of goods and materials required for the construction and alteration of buildings (in part). 7) Parking 1 space/40 sq. m of floor area. 1 space/40 sq. m of floor Provides clarification as to what parking is requirements area. required for a home improvement store. SCHEDULE 1 LOCATION MAP Subject Property Amending Zoning By-law No. 79-200 Description: 6940 & 7190 Morrison Street Part of Block "F", Plan S, City of Niagara Falls Regional Municipality of Niagara AM-43/2002 Applicant: RIO CAN :NTS 2003 I I__ I I-- I Total Gross Floor Area: Approx. 423,000 sq.ff. Total Parking: Approx. 2200 spaces GREEN SCHEELS PIDGEON PLANNING CONSULTANTS ltMI1ED DORCHESTER / MORRISON COMMERCIAL CENTRE DEVELOPMENT CONCEPT 6265 MORRISON STREET, NIAGARA FALLS, ONTARIO L2E 6V2 P.O. BOX 576 TELEPHONE (905) 354-3853 FAX (905) 354-1816 Planning February 11, 2003 Mr. Doug Darbyson - Director of Planning and Development City of Niagara Falls 4310 Queen Street, Box 1023 Niagara Falls, ON L2E 6X5 Dear Mr. Darbyson: RE: ZONING BY-LAW AMENDMENT APPLICATION CITY FILE: AM - 43/2002 Please be advised that we have had a conversation with Mr. John Bamsley regarding the above application. We understand the above application proposes the following changes to the existing approvals currently in place on the lands shown as Parts 1 and 2 on Schedule 1 of the public meeting notice. 1) an overall increase in gross floor area to 423,003 square feet as was set out in the !, Official Plan. 2) ' permission for a gas bar on the Zehrs property (Part 1 on Schedule 1 of the public meeting notice) 3) permission for retail stores of not less than 24,757 square feet each on the Zehrs property, although we understand the City has received an expansion application from Zehrs, which would mean the Zehrs store would occupy all the available gross floor area permitted. Provided there are no further changes, and the by-law reflects no further changes, River Realty does not have ~n objection to the above application. Yours truly, RIVER REALTY DEVELOPMENT (1976) INC. Per'. /a~4,. John Mestek, B.A. Property Manager JM/dm RECEIVED FEB 1 2003 PLANNiN(~ &. DEVE: ,©PM~:N i NIA~A PLANNING AND DEVELOPMENT DEPARTMENT The Regional Municipality of Niagara 3550 Schmon Parkway, P.O. Box 1042 Thorold, Ontario L2V 4T7 Telephone: (905) 984-3630 Fax: (905) 641-5208 E-mail: plan@regional.niagara.on.ca Planning Scanned Februaw 12,2003 File: D.10.M.11.23 Mr. Doug Darbyson, MCIP, RPP Director of Planning and Development City of Niagara Falls 4310 Queen Street Niagara Falls, ON L2E 6X5 Dear Mr. Darbyson: Re: Zoning By-law Amendment Application Southeast Corner of Morrison Street and Dorchester Road Rio Can City of Niagara Falls City File: AM-43/2002 This application proposes to amend the City's Zoning By-law to allow the expansion of an existing commemial centre. This will primarily provide special provisions for the development of a Home Depot retail outlet and will consolidate other zoning regulations that have been modified and approved to accommodate previous phases of commercial development. These lands are situated inside the Niagara Falls Urban Area Boundary according to the Regional Policy Plan. The establishment of this major commercial centre was carefully considered through the original planning approvals granted by the Ontario Municipal Board. The proposed zoning amendment does not appear to introduce any substantial changes that would adversely effect Regional or Provincial interests. In this regard Regional Planning staff is not opposed to the approval of the zoning by-law amendment application. Please provide notice of City Council's decision on this application when available. Yours truly, David J. Farley Director of Planning Services C: Councillor Bill Smeaton M:\MSWORD\PC\NFzbla\R[oCan.doc RECEIVED FEB I ,~ 2003 PLANNING & DEVELOPMENT The City of Niagara Falls Canada Corporate Services Department Planning & Development 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on,ca Tel.: Fax: E-mail: (905) 356-7521 (905) 356-2354 planning@city.niagarafalls.on.ca February l7,2003 PD-2003-11 Doug Darbyson Director His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD-2003-11, Zoning By-law Amendment Application AM-49/2002, 11153 Niagara Parkway Applicant: Michael and Nathalie Boyd Proposed Bed & Breakfast Accommodation RECOMMENDATION: It is recommended that Council approve the Zoning By-law amendment application to permit a new single detached dwelling at 11153 Niagara Parkway to be used as a tourist home (bed and breakfast accommodation) containing not more than three bedrooms for tourists. BACKGROUND: Proposal Michael and Nathalie Boyd have requested an amendment to Zoning By-law No. 395 to permit a new dwelling at 11153 Niagara Parkway (See Schedule 1) to be used as a tourist home (bed & breakfast) containing up to three bedrooms for tourists. Refer to Schedule 2 for the details of the development. The land is currently zoned Niagara River Parkway Residential. The Niagara River Parkway Residential zoning is requested to be amended site specifically to permit a dwelling on the land to be used as a tourist home containing up to three bedrooms for tourists. Surrounding Land Uses The subject lands are in a recently developed plan of subdivision that fronts onto the Niagara Parkway. The Niagara River is to the east. A single family dwelling is to the south. The lands to the west and north appear to be vacant, but may have been used for agricultural uses in the past. Working Together to Serve Our Community Clerks * Finance Human Resources · Information Systems Legal · Planning & Development February 17, 2003 - 2 - PD-2003-11 Circulation Comments Information regarding the application was circulated to City departments, government agencies and the public for comment. The following have been received. Municipal Works No objections or conditions to impose onthe development. Regional Planning and Development The lands are designated Good General Agricultural Area under the Regional Official Plan. However, the Regional Official Plan does permit some residential development along the Niagara Parkway in this area and permits single family residences to have up to six guest rooms for tourists. There are no objections to the proposed amendment. The Regional Public Health Department has no objection to the application, however, the applicant must apply for and be granted a Certificate of Approval prior to any construction. Niagara Parks Commission No objection, provided the use is limited to three bedrooms for tourists, parking is restricted to the rear yard, siguage is approved by the Niagara Parks Commission and the existing shoreline dock permit is not expanded. Planning Review The following is a summary of staff's assessment of the application. 1. The proposal complies with the intent and the purpose of the Official Plan. The subject land is designated Parkway Residential in the Official Plan. Single detached dwellings are permitted on large estate-type lots. Bed and breakfast establishments are permitted in dwellings provided the residential character of the building is maintained, there is no adverse effect on adjacent properties and private sewage disposal systems are maintained to the satisfaction of the Regional Health Services Department. The proposed bed and breakfast is to be located in a new two-storey dwelling on a recently created lot. The parking is to be located in the rear of the property to maintain the residential appearance from the street. Significant rear and front yard setbacks are proposed that will maintain the estate type character of the area. Screening the rear parking with a wood fence or landscaping would help further mitigate any impacts. A bed and breakfast with three bedrooms would generate minimal traffic and would not have a significant impact on the surrounding area. Given the significant tourist traffic on the Niagara Parkway, this is a good location to provide this type of service to tourists without significantly impacting surrounding uses. February 17, 2003 - 3 - PD-2003-11 2. The requested amendment is appropriate for the site The lands are zoned Niagara River Parkway Residential. The applicant has requested site specific provisions be added to the Niagara River Parkway Residential zoning to permit a new single detached dwelling to be used as a three-room bed and breakfast. No changes are proposed to the development standards and setbacks. The requested site specific zoning is appropriate because it will ensure the site is maintained in a manner that is appropriate with the surrounding neighborhood. CONCLUSION: The requested amendment can be supported for the following reasons: The proposal is within the intent and purpose of the Official Plan respecting bed and breakfasts. · The residential character of the property will be maintained. · There is sufficient lot area for parking and amenity space. · The requested zoning amendment is appropriate. Prepared by: Planner 2 Respectfully submitted: Chief Administrative Officer Recommended by: Doug Darbyson Director of Planning & Development Approved by: Tony Ravenda Executive Director of Corporate Services Attach. S:~PDR~2003XPD2003-11, AM-49-02 11153 Niagara Parkway.wpd SCHEDULE 1 LOCATION MAP Subject Property __ [_ Detenbeck Road Amending Zoning By-law No. 395, 1966 11153 Niagara Parkway Lot 9, 59M-270 Applicant: Michael & Natalie Boyd AM-49/2002 1 :NTS IRECEIVED DE~ ~ ] ~nn~ PLANNING NIA~A PUBLIC HEALTH DEPARTMENT The Regional Municipality of Niagara Office of the Medical Officer of Health 573 Glenridge Avenue St. Catharines, Ontario L2T 4C2 NIAGARA FALLS OFFICE Telephone: (905) 356-1538 FAX: (905) 356-7377 E-mail address: ~phd-nf@regional.niagara.on. ca January28,2003. RECEIVED PLANNING & DEVELOPMENT [~l# piannlng ~ Mr. Andrew Bryce, Planner 2, Planning & Development, 4310 Queen Street, Box 1023, Niagara Falls, ON L2E 6X5 Dear Sir: RE: ZONING B Y-LA W AMENDMENT APPLICATION ClTY FILE: AM-49/2002 11153 Niagara River Parkway Michael & Nathalie Boyd Please be advised that we have reviewed the above-mentioned application for a 3-unit bed & breakfast and 3-bedroom residence, to be serviced by a private waste disposal system and water supply, and accordingly offer no objection. We have reviewed several preliminary plans for waste disposal; however, the applicant must apply for and be granted a Certificate of Approval prior to any construction. I trust this information meets with your approval; however, should any questions arise kindly do not hesitate to,contact this office at 905-356-1538. For~ T. Thomson, C.P.H.I.(C), R.C. WILLIAMS, MD, DPH, FRCP(C), Medical Officer of Health. 11153NIA GARARIVERPKWY. TAT NIA~A Januaw 27,2003 PLANNING AND DEVELOPMENT DEPARTMENT The Regional Municipality of Niagara 3550 Schmon Parkway, P.O. Box 1042 Thorold, Ontario L2V 4T7 Telephone: (905) 984-3630 Fax: (905) 641-5208 E-maih plan@regional.niagara.on.ca I File: D.10.M.11.23 Doug Darbyson, MCIP, RPP Director of Planning and Development City of Niagara Falls 4310 Queen Street Niagara Falls, ON L2E 6X5 Dear Mr. Darbyson: RECEIVED JAN 3 O 2003 PLANNING , & DEVELOPMENT RE: Zoning By-law Amendment Application 11153 Niagara River Parkway Michael & Natalie Boyd City of Niagara Falls Your File: AM-49/2002 This application proposes to amend the City's Zoning By-law to allow a new single detached dwelling to be used as a tourist home (bed and breakfast) containing up to three bedrooms for tourists. These lands are situated outside of the Niagara Falls Urban Area and designated as a Good General Agricultural Area according to the Regional Policy Plan. Notwithstanding the normal agricultural policies, Policy 12.14 of the Policy Plan permits some Iow density residential development along this side of the Niagara Parkway. This development may be subject to more specific requirements of the City. Further, the Policy Plan permits home occupations such as bed and breakfast establishments in the agricultural area for up to six guestrooms. The Niagara Parks Commission may have more detailed requirements that should be regarded Regional Planning staff would not be opposed to the approval of the proposed Zoning By-law amendment from either a Regional or Provincial planning perspective. Please send notice of City Council's decision on this application. Yours truly, -, David J. Farley Director of Planning Services Councillor Bill Smeaton Bill Stevens, Regional Public Works Dave Gillis, Niagara Parks Commission From: "luliano, Joe" <jiuliano@chemtradelogistics.com> To: "'planning@city.niagarafalls.on.ca"' <planning@city. niagarafalls.on.ca>, "'zap@fallsview.com'" <zap@fallsview.com> Date: 2/13/03 10:34AM Subject: Fallsview Golf Course Back in May 2002 we had a meeting to discuss some of my concerns with the proposed golf course. As a future neighbor I felt that I should make you aware of the chemk~als that are handled on site and their potential hazards. It was also discussed at the meeting that we might be able to consider including a secondary access road for emergency crews to get on to both sites. At that time the city planning dept represented by Dave Hayworth indicated that this could be worked into the plans. In case of a chemical emergency this road could help emergency crews rescue people on both properties. Yesterday I got a call from Barney Ruddell From the Niagara Falls Fire dept. telling me that in the latest planning meeting that he attended there was not a provision for secondary access to our site in the proposal for the new golf course. Please advise if it was considered and if it was rejected what was the reason(s) for not including the secondary access road. Thanks Joe CC: "Kuraitis, Eric" <ekuraitis@chemtradelogistics.com>, "John Dunn (E-mail)" <sajondun@iaw.on.ca>, "Barney Ruddell (E-mail)" <bruddell@city. niagarafalls.on.ca> JOt IULIANO, p. Eng. Regional CSf Mana~e.; CHEMTRADE LOGISTICS 6300 OIdfield Road, Niagara Falls, Ontario L2~ 3J8 T 905.35:~,3233 [ 905.356,9356 E iiulia no~cbem~ro~elogislics.com www. cflemtradeloglsfics.com FEB 1 3 2003 PLAN ING DEVELOPI ENT Corporate Services Department -- Planning & Development The City of jl~llt 4310 Queen Street NiogorQ F(llls~l~l~e P.O. Box 1023 ("~nt~r,l~ ~lll~ Niagara Falls, ON L2E 6X5 ...... ~,~.~ web site: www.city.niagarafalls.on.ca Tel.: (905) 356-7521 Fax: (905) 356-2354 E-maih planning@city.niagarafalls.on.ca PD-2003-13 Doug Darbyson Director February 17, 2003 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD-2003-13, Official Plan & Zoning By-law Amendment Application AM-01/2003, CP Lands, Marineland Parkway Applicant: Fallsview Golf Inc. Agent: Italia Gilberti, Broderick & Partners Proposed Golf Course RECOMMENDATION: It is recommended that: 1) Council approve the requested amendment to the Official Plan to: (a) (b) change the land use designation from Industrial to Open Space for lands identified as Part 1 to permit the development ora golf course; establish Special Policies to guide the development of the site and to address environmental issues including the protection of natural features and site decommissioning; 2) Council approve the requested amendments to the Zoning By-law to: (a) (b) (c) (d) change the zoning on Part 1 fi'om Industrial to a site specific Open Space zone to permit the development of a golf course; establish an Open Space Holding (H) provision on a portion of the lands formerly used as a marshalling yard. When the lands have been decommissioned to the satisfaction of the Ministry of Environment and Energy (MOEE), an expansion of the golf course will be permitted; permit industrial uses on the lands of the fomaer marshalling yard in the event that decommissioning is not conducted; add a "golf course club house" as a permitted use to the Tourist Commercial zoning which applies to Part 2; and 3) the applicant enter into a site plan agreement with the City to implement the matters addressed in this report. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning & Development February 17, 2003 - 2 - PD-2003-13 BACKGROUND: An application has been submitted by Fallsview Golf Inc. proposing to redevelop lands under lease from the Canadian Pacific Railway for the purpose of an 18-hole golf course and associated facilities. The lands comprise, for the most part, CP railway lands extending from Marineland Parkway to Dorchester Road as shown on Schedule 1. The central portion of the site was actively used as a railway marshalling yard and these lands are intended to be used for a future 9-hole expansion once a contaminant decommissioning process is undertaken. Proposal Fallsview Golf Inc., through its agents Glen Barker (planner) and Italia Gilberti (solicitor), has requested amendments to the Official Plan and Zoning By-law to permit the development of a golf course. Details are shown on Schedule 2. The subject development site comprises two parcels of land. Part 1 is comprised of 111.5 hectares (275.5 acres) and is zoned for industrial purposes. Part 2 is comprised of 2.78 hectares (6.88 acres) and is zoned for tourist commercial purposes. The following amendments are requested to facilitate the proposed development: The Part 1 lands require an Official Plan amendment to change the Industrial designation to Open Space. A Special Policy Area designation will also be established to address environmental issues including the protection of natural features and site decommissioning. The Part 1 lands require a Zoning By-law amendment to change the Industrial zoning to Open Space with site specific provisions. A Holding (H) zone has been requested to be applied to a portion of Part 1, occupied by the marshalling yard, in order to permit development only after successful decommissioning. Further site specific provisions are requested to permit the establishment of light industrial uses on the marshalling yards lands should decommissioning not be completed. The Part 2 lands are zoned for tourist commercial purposes, however, a change in zoning is required to add a "golf course club house" to the list of permitted uses. Circulation Comments Information regarding the application was circulated to City departments, government agencies and the public for comments. The following comments have been received. Fire Services No objections. Fire safety concerns to be addressed at the site plan and building permit review stages. · Municipal Works A traffic impact study is required to assess the potential impacts of the development on the adjacent road network. The following road widenings are to be dedicated to the City: · Drummond Road - 1.44 metres · Ramsay Road - 2.94 metres · Dorchester Road - 2.94 metres February 17, 2003 - 3 - PD-2003-13 A number of unopened road allowances traverse the subject lands. Municipal Works has no objection to relinquishing these lands subject to the applicant conducting a title search to confirm ownership and submitting an appraisal to determine fair market value. A detailed servicing study is required to determine if the clubhouse can be serviced by the sanitary main north of Marineland Parkway. The applicant is to register a 10-m wide easement in favour of the City over the 1200-mm diameter storm sewer immediatelywest of the Stanley Avenue cul-de-sac. The applicant paying for the future construction of a 1.5 m sidewalk across the full frontage of Marineland Parkway at an estimated unit rate of $74.00 per metre. · Building & By-law Services All building permits are required to be issued prior to the commencement of construction. · Parks, Recreation & Culture No objections. Planning Review The following is a summary of staff's assessment of the application. 1. The requested land use change from Industrial to Open Space is appropriate. A detailed planning report was submitted by BLS Planning in support of the proposed amendment application. Staff has reviewed the report and would agree that the proposed land use change has merit and can be supported for the following reasons: the proposed redevelopment of the site for an 18-hole gnlf course and ultimately a 27-hole golf course represents a significant "brownfield" redevelopment project for the City of Niagara Falls. the loss of 111.5 hectares of land from the City's industrial inventory will not impact the supply of land available for industrial purposes. The City maintains an industrial land base sufficient to meet its needs, having regard to traditional absorption rates. surrounding land uses will not be negatively impacted by the proposed change of use. Golf courses are not considered sensitive land uses requiring separation distances from industrial operations. Industrial operators are typically concerned about the encroachment of residential uses or nearby places of assembly. In this particular case, the golf course club house has been positioned on tourist commercial lands generally well removed from most industrial operations. the Drummond Park subdivision abuts a portion of the proposed golf course. A golf course would be considered a compatible use next to this subdivision. February 17, 2003 - 4 - PD-2003-13 the subject lands are well forested containing locally significant wetlands and woodlands. Approximately 50 percent of the treed area will be impacted by the proposed development. An environmental impact study was prepared to ensure the golf course fairways would be sensitively designed and appropriate mitigation measures introduced to protect the natural features which will be retained. the proposed land use changes are in conformity with the Provincial Policy Statement and the Regional Official Plan (Confirmation by the Region is expected.) 2. Special Policy Area Amendment In addition to changing the land use designations in the Official Plan from Industrial to Open Space, the Planning consultant proposes to further amend the Official Plan by introducing special policies. Staffhas reviewed these policies and finds them to be appropriate for the purpose of defining the proposed Open Space use and providing a guiding framework for amending the zoning by-law and regulating the development through site plan control. The site specific policies address important matters such as the protection of wetlands and woodlands, best management practices and mitigation techniques for sediment and erosion control, the use of herbicides and pesticides, as well as water quality and stormwater retention. The policies also address the use of holding provisions in the zoning by-law to permit a golf course expansion once the former marshalling yards are decommissioned. While the majority of the proposed policies are appropriate and desirable, staff has some concern that the policies would permit the former marshalling yards to be used for industrial development should such lands not be decommissioned. According to the applicant's planning consultant, this policy has apparently been generated by the lease stipulations CP has placed on the applicant. In the interests of good planning, staff would prefer that the former marshalling yard be decommissioned and properly rehabilitated. 3. Proposed Zoning By-law Amendments The amendments proposed to the zoning by-law by the proponent's planning consultant would effectively implement the land use changes and special policy provisions set out in the Official Plan amendment; Part 1 lands would be changed from Industrial to Open Space to permit the proposed 18-hole golf course. The marshalling yard would also be zoned Open Space with a Holding (H) designation applied to permit the development of a further nine holes once the lands are decommissioned. The Part 2 lands, cun'ently zoned Tourist Commercial, would be amended by adding the proposed clubhouse use. Staff agrees that the golf course clubhouse should be located well away from existing industrial operators. Staffdoes not agree that the zoning by-law should permit CP to use their former marshalling yard for industrial purposes. Staff favours the applicant's intent to have the marshalling yard decommissioned and used for open space purposes. Notwithstanding the foregoing, it is recognized that CP has stipulated that this matter be imposed on the applicants; therefore, in the interests of the overall project proeeeding, there is little choice but to concede to the stipulations of the lease agreement. February 17, 2003 - 5 - PD-2003-13 4. A site plan agreement will be required. A standard form of site plan agreement will be required for thc development of the clubhouse on Part 2. Of note are issues raised by Municipal Works regarding sanitary drainage and a traffic impact study. Moreover, the applicant should be aware that the intersection of Marineland Parkway and Stanley Avenue is to be an area for a gateway development as envisaged in the Streetscape Master Plan. Therefore, the landscaping should be designed to give the golf course a strong street presence that gives thc public a sense o£ aTrival. Part 1 will require a modified form of site plan agreement as the agreement will focus on the issues of tree preservation, the impact of the development on natural features and mitigation measures as raised in the EIS. The applicant will also have to deal with the dedication of easements and the transfer of the unopened road allowances. CONCLUSION: In conclusion, the application to amend the Official Plan and Zoning By-law can be recommended for approval based on the following: · The request to change the land use designation from Industrial to Open Space is justified and has planning merit. · The planning analysis and background report furnished by BLS Planning demonstrates the appropriateness of the project. · Should Council be satisfied that all matters have been dealt with appropriately, the amendment to the Official Plan has been placed on tonight's agenda for approval. · The amendment to the Zoning By-law will be placed on Council's agenda in several weeks. · A site plan agreement will be required for both Parts 1 and 2. Recommended by: Director of Planning & Development Approved by: T. Ravenda Executive Director of Corporate Services DD:tc Attach. SSPDR~2003~PD2003-13, AM01-03 Marineland & D[B-Golf Course.wpd Respectfully submitted: Chief Administrative Officer SCHEDULE 1 LOCATION MAP Subject Property Amending Zoning By-law No. 79-200 Lands fronting onto Marineland Parkway Applicant: Fallsview Golf Inc., Canadian Pacific Railway Company and 1149962 Ontario Limited AM-01/2003 a3AI3031=l NIAGarA PLANNING AND DEVELOPMENT DEPARTMENT The Regional Municipality of Niagara 3550 Schmon Parkway, P.O. Box 1042 Thorold, Ontario L2V 4T7 Telephone: 905-984-3630 Fax: 905-641-5208 E-rnail: plan@regional.niagara.on.ca __~ Planning February 10, 2003 File: D.10.M.11.23 Mr. Doug Darbyson, MCIP, RPP Director of Planning and Development City of Niagara Falls 4310 Queen Street Niagara Falls, ON L2E 6X5 Dear Mr. Darbyson: Re: Official Plan and Zoning By-law Amendment Applications South Side of Marineland parkway, east of Drummond Road Fallsview Golf Inc, City of Niagara Falls City File: AM-01/2003 These applications propose to amend the City's Official Plan and Zoning By-law to facilitate the development of approximately 114 hectares of land for the development of an 18-hole golf course, clubhouse and accessory uses such as a driving range and putting greens. The site is located on the south side of Marineland Parkway, east of Drummond Road and Oldfield Road; between existing residential and industrial districts. A Canadian Pacific rail line traverses the property with a parallel municipal stormwater drainage channel. A woodlot covers a large portion of these lands while a former railway marshalling yard occupies the central area adjacent to the rail line. The main entrance will be accommodated off Marineland Parkway where the clubhouse and parking area for the golf complex will be located within an area currently zoned and designated for Tourist Commercial uses. The zoning amendment will add the clubhouse as a permitted use. The remaining lands are currently zoned and designated for industrial purposes which will be changed to Open Space through the Official Plan and Zoning amendments to permit the main golf course development. A section in the centre, encompassing the former railway yard, will provide the opportunity for a future expansion of the golf course for an additional 9 holes. A Holding provision has been requested as an interim measure until any soil contamination in this area has been decommissioned. Also, the applicants have requested that the industrial uses currently permitted be retained in the event that these lands remain in the ownership of the Canadian Pacific Railway. The following Regional and Provincial comments on the proposed provided for your consideration. ~..e, nt are RECEIVED FEB 1 3 2003 PLANNING 2 'Regional Planninq Review These lands are situated in the Niagara Falls Urban Area Boundary according to the Regional Policy Plan. The Regional Industrial Land Atlas indicates that the City of Niagara Falls has over 1,000 hectares of urban industrial land. The conversion of the subject lands to a non-industrial use should not have a detrimental effect on the long- term supply of industrial land for the City or the broader Regional area. Further, large tracts of vacant industrial land have been fulfilling more recent trends and needs for resort developments (e.g., Grand Niagara Resort) as the City's tourist industry continues to be the predominant sector of economic growth. The proposed golf course complex will provide a recreational opportunity to broaden activities for tourists given its location in close proximity to the Fallsview Tourist District. Changing these industrial lands to open space will provide a more compatible land use adjacent to the existing residential neighbourhood to the north. This can also serve as an amenable transitional activity to buffer the neighbourhood from the industrial district to the south. The applicants have not included the former railway yard in their current golf course plans. They have requested that industrial activities continue to be permitted as an optional land use in the event that the Canadian Pacific Railway retains ownership of this 24-hectare area. The City should consider the appropriateness of allowing future industrial uses in the middle of the planned golf course under an Open Space designation. If these lands are not eventually incorporated into the golf course complex, they could be used independently for an alternative recreational function under the Qpen Space designation rather than an industrial activity. A woodlot covers a majority of the site and is subject to the Regional Tree Conservation By-law. An application for a minor exception was approved by Regional Council on May 16, 2002 to permit trees to be removed only where necessary to accommodate fairways, tees and greens of the golf course. An Environmental Impact Study (ELS) has now been completed and a Tree Preservation Plan is being recommended as part of the current planning applications. This provides a more coordinated approach to preserve trees and other natural features on the site. Municipal services are available for the golf course facility. Traffic impacts associated with the entrance off of Marineland Parkway may have to be evaluated to the satisfaction of Regional Public Works. Comments from Regional Public Works are being finalized and will be forwarded separately when they are available. Provincial Planninq Review Ministry of Natural Resources i) Wetlands and Woodlot Locally Significant Wetlands cover part of these lands and were previously (prior to 2001) designated as Provincially significant. Although the level of protection is no longer as high, it is still important to preserve this feature wherever possible given 3 its importance to local natural heritage. The property forms part of the Ramsay Road Woodlot complex that provides some interior habitat for wildlife. Provincially rare tree species have been identified at this location includipg Pignut Hickory, Pin Oak and Big Shellbark Hickory. An Environmental Impact Study (ELS) was prepared by L. Campbell & Associates to address potential impacts of the development and to determine appropriate mitigation measures to protect natural features. A comprehensive set of recommendations has been provided such as buffers, construction controls and the preparation of a Tree Preservation Plan. The ElS should be implemented through the necessary site plan agreement. ii) Fish Habitat The adjacent municipal drainage channel will provide a storm outlet for the golf course. This has not been classified as a fish habitat by the Ministry of Natural Resources. However, this channel discharges into the hydro canal near the Welland River to the west which are identified as Important (Type 2) Fish Habitats. The ElS provides recommendations to protect water quality which should be further considered in preparing the necessary Stormwater Management Plan. Regional Planning staff has requested specific comments from the Niagara Peninsula Conservation Authority regarding fish I~abitat considerations. Ministry of Environment i) Land Use Compatibility The applicants' planning report recognizes that there are several major industrial operations in the vicinity and has applied Ministry of Environment guidelines (D-6) on "Separation Distances Between Industrial Facilities and Sensitive Land Uses". There are several industries that are considered to be Class III industries requiring a minimum distance of 300 metres from sensitive land uses. In this instance, the clubhouse is the only part of the golf course that may be considered to be a sensitive land use since it functions as a place for a large number of people to formally congregate. The clubhouse is an equal distance from the nearest industry as is the closest home in the adjacent subdivision. Further, it is in a block that is already zoned and designated for tourist commemial uses. Most of the adjacent woodlot is intended to be retained in this area which will provide a natural buffer. In this regard, the proposal appears to meet the compatibility criteria of the Ministry's D-6 Guidelines and will not preclude any industrial intensification within the adjacent industrial district. ii) Potential Site Contamination The applicants have advised that there may be some soil contamination within the former railway marshalling yard at the centre of the site. The existing railway line that currently traverses the site should also be investigated for potential contamination through an Environmental Site Assessment (ESA). If there are recommendations for remediation and decommissioning, a Record of Site Condition may be required to be acknowledged by the Ministry of Environment. 4 Although these lands are not currently being planned for development, these works should be completed prior to their future development. iii) Stormwater Manaqement A Stormwater Management Plan will be necessary to address irrigation and drainage. It is our understanding that the existing municipal drainage channel will serve as the primary stormwater outlet. This channel discharges into the hydro canal to the west near the junction of the Welland River. There are also wetland features and wooded areas to be preserved on the site. Therefore, water quality and quantity, sedimentation and erosion controls, and grading are important considerations. The Stormwater Management Plan should be prepared incorporating recommendations of the Environmental Impact Study. The Niagara Peninsula Conservation Authority, in accordance with its agreement with the Region, will be requested to review the Stormwater Management Plan on behalf of the Regional Planning and Development Department. The Stormwater Management Plan should be implemented through the necessary site plan agreement. Ministry of Culture The site displays a Iow potential for the discovery of archaeological resources. This is based on the site's linear configuration and previous disturbances through the construction of the railway line, marshalling yard, municipal drainage channel and private roads. Further, there are no registered archaeological sites in the vicinity that would suppod finding artifacts at this location. In this regard an archaeological assessment is not considered necessary. Draft Official Plan Amendment The applicants submitted a draft Official Plan amendment. The following suggestions for revisions to the draft policies are provided for the City's consideration: (Policy 1) accessory uses should not include the clubhouse, banquet facilities or restaurant as the proposal provides these facilities in the Tourist Commercial block along Marineland Parkway. (Policy 3) this should also include the existing railway line which may eventually form part of the golf complex and may require decommissioning. Conclusion The proposed golf course development is desirable as it will accommodate tourism growth and further promote Niagara as a golf destination. Regional Planning staff would not be opposed to the approval of the amendments to the City's Official Plan and Zoning Byqaw subject to consideration of the aforementioned Regional and Provincial interests. Once the Official Plan amendment is adopted by City Council, it must be forwarded to the Planning and Development Department for approval by Regional Council. The applicant, by copy of this letter, is advised that the Regional review and 5 processing fee for this purpose is $1,300.00 which should be forwarded as soon as possible. Please provide notice of City Council's decision on these applications when available. Yours truly, C: Glen Barker, BLS Planning Associates Joad Durst, Ministry of Naturat Resources Suzanne Mnlnnes, Niagara Peninsula Conservation Authority Barb Ryter, Ministry of Environment Bill Stevens, Regional Public Works Councillor Bill Smeaton Pc~NEbla/Fallsview Golf Inc-AM 01 2003 The City of Niagara Falls Canada Corporate Services Department Planning & Development 4310 Queen Street P.O. Box 1023 Niagara Fails, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Fax: E-mail: (905) 356-7521 (905) 356-2354 planning@city.niagarafalls.on.ca PD-2003-16 Doug Darbyson Director His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: February 17, 2003 Re: PD2003-16, Zoning By-law Amendment Application AM-47/2002, 6410 Montrose Road Applicant: Gabrielle Marinelli Agent: Lou Marcantonio, 2M Architects Inc. Proposed Duplex Dwelling and Bed & Breakfast Accommodation RECOMMENDATION: It is recommended that: 1) Council approve the Zoning By-law amendment application to permit the existing dwelling at 6410 Montrose Road to be subdivided into two dwelling units and to permit one of the dwelling units to be used as a tourist home (bed or breakfast) containing up to three bedrooms for tourists; and 2) development of the proposal be subject to site plan control. BACKGROUND: Proposal Gabrielle Marinelli has requested a Zoning By-law amendment for land located at 6410 Montrose Road, as shown on Schedule 1. A single detached dwelling and a 16-unit apartment building currently exist on the land. The amendment is requested to permit the existing single detached dwelling to be subdivided into two dwelling units and to permit one of the dwelling units to be used as a tourist home (bed & breakfast) containing up to three bedrooms for tourists. Refer to Schedule 2 for the details of the development. The land is currently zoned Single Family 1D Density (RID), in part, and a site specific Residential Low Density and Grouped Multiple Dwellings zone (R4-149), in part. The RID zoning is requested to be amended site specifically to permit the proposal. lYorking Together to Serve Our Community Clerks Finance · Human Resources Information Systems Legal Planning & Development February 17, 2003 - 2 - PD-2003-16 Surrounding Land Uses The lands are located in a small cluster of low-rise apartment dwellings within a mainly low density residential area. To the north there is a catering business. To the south there is a low rise apartment building. There are semi-detached and townhouse dwellings to the east while there are single detached dwellings to the west. Circulation Comments Information regarding the application was circulated to City Departments, The Regional Municipality of Niagara and the public for comments. The following comments have been received. Regional Municipality of Niagara The intensification of the dwelling to accommodate a tourist home will provide a small-scale mixed use development that is satisfactory from a Regional Planning perspective. However, there maybe local issues to consider in terms of ensuring compatibility with the surrounding neighbourhood. There are no objections to the proposed amendment. The Regional Public Works Department has requested an on-site turnaround to prevent backing onto Montrose Road, dedication of a 10-foot road widening across the frontage, approval of any works within the road allowance and directing storm water away from the Regional road. · Parks, Recreation and Culture No objections. Municipal Works No objections, but Regional comments should be acquired. Planning Review The following is a summary of staff's assessment of the application. 1. The proposal conforms with the intent and the purpose of the Official Plan. The Official Plan designates the lands residential. Although single detached dwellings are to be the primary foma of housing in this designation, higher density forms of housing may also be permitted. Semi-detached and duplex dwellings are permitted throughout the designation. Low-rise apartments are to be located on collector roads or in proximity to arterial roads. February '17, 2003 - 3 - PD-2003-16 Bed and breakfast accommodations may also be permitted provided they are considered compatible with the residential neighbourhood. This use is to be regulated as to its location, size and traffic generation in order to minimize impacts on adjacent properties and to protect the character of the overall neighbourhood. Given the surrounding apartment dwellings and frontage on an arterial road, the requested duplex dwelling is considered compatible with the surrounding uses and therefore an acceptable use. The overall residential density for the entire property would be about 16 units per acre (40 units per hectare), below the 20 units per acre density established in the Official Plan for such a location. There are no concerns with the duplex dwelling. Although the requested bed and breakfast accommodation within one of the units is a unique request, it is acceptable. The existing dwelling and property are large enough to allow the use while preserving the existing residential character. The surrounding apartments and commercial use would buffer the bed and breakfast from surrounding low density uses and tourist traffic would not infiltrate onto local streets. The unit with the bed and breakfast would consist of the ground floor and half the second floor, with the second unit consisting of the other half of the second floor. The dwelling is large enough to accommodate the uses. Establishment of a bed and breakfast in this dwelling may trigger improvements to this older residence. There would be sufficient parking on the existing driveway for the uses. 2. The requested zoning is appropriate for the site. The subject property is zoned Single Family 1D Density (R1D), in part, (the existing single famil3/dwelling) and Residential Low Density and Grouped Multiple Dwellings Zone (R4- 149), in part, (the apartment building). The requested amendment would amend the R1D zone site specifically to allow the division of the existing single detached dwelling into two units and allow one of the units to be used as a bed and breakfast. There are no changes proposed to the existing setbacks and development standards of the RID zone. Keeping the existing development standards would help ensure the site is maintained in a manner that is appropriate with the surrounding neighbourhood. 3. Development should be subject to site plan control To address the Region's comments regarding access and widening, site plan control should be required. The Region has indicated a concern with the cars backing out of the driveway onto Montrose Road. One solution would be to build a hammerhead behind the dwelling to allow vehicles to tum around, although the amenity space on the site would be reduced. Additionally, the Region has requested a 10-foot road widening along Montrose Road. These items would normally be secured through site plan control. Although duplexes or bed and breakfast establishments normally are not subject to site plan control, the intensification of the use of this property and the access concerns can only be addressed through site plan control. February 17, 2003 - 4 - CONCLUSION: ]. Prepared by: Andrew Bryce Planner 2 The requested amendment can be supported for the following reasons: · The duplex is an appropriate intensification given the surrounding higher density uses and would not impact on the neighbourhood. · The bed and breakfast is within the iment and purpose of Official Plan policies. · The residential character of the property will be maintained. · There is sufficient lot area for parking and amenity space. · The requested zoning amendment is appropriate. To address Regional and access concerns and the intensification of the use, site plan control is recommended. Respectfully submitted: i°n~ltldative Officer Approved by: T. Ravenda Executive Director of Corporate Services Attach. S:~PDR~2003XPD2003-16, AM-47-02, 6410 Montrose Rd, Marinelli.wpd PD-2003-16 Recommended by: Doug Darbyson Director of Planning & Development SCHEDULE 1 LOCATION MAP Subject Property Amending Zoning By-law No. 79-200 6410 Montrose Road AM-47/2002 Applicant: Gabrielle Marinelli 1 :NTS SITE PLAN SCALE: 1" = 40' ' .... NIA A February 3, 2003 The Regional Municipality of Niagara 3550 Schmon Parkway, P.O. Box 1042 Thorold, Ontario L2V 4T7 Telephone: (905) 984-3630 Fax: (905) 641-5208 E-mail: plan@regional.niagara.on.ca Doug Darbyson, MCIP, RPP Director of Planning and Development City of Niagara Falls 4310 Queen Street Niagara Fails, ON L2E 6X5 PLANNING AND DEVELOPMENT DEPARTMENT File: D. 10.1~ RECEIVED FEB - 2003 PLANNING & DEVELOP~EN1.. I J Planning Dear Mr. Darbyson: RE: Zoning By-law Amendment Application 6410 Montrose Road Gabrielle Marinelli City of Niagara Falls Your File: AM-47/2002 This application proposes to amend the City's Zoning By-law to allow an existing single detached dwelling to be conveded into two units, one is intended for a residential unit while the other is for a tourist home (bed & breakfast) containing three bedrooms. These lands are within the Niagara Falls Urban Area Boundary according to the Regional Policy Plan and designated Residential in the City's Official Plan. The intensification of the dwelling to accommodate a tourist home will provide a small scale mixed use development that is satisfactory from a Regional planning perspective. However, there may be local issues to consider in terms of ensuring compatibility with the surrounding neighbourhood. As this property is situated along a Regional road, comments of the Regional Public Works Depadment should be regarded and are attached for your information. Their requirements include the dedication of a 10-foot road widening dedication across the frontage, the provision of an on-site turn-around to prevent backing out onto road, approval of any works within the road allowance and directing storm water away from the Regional road. Regional Planning staff would not be opposed to the approval of the proposed Zoning By-law amendment from either a Regional or Provincial planning perspective, subject to the City having regard to comments from Regional Public Works. Please send notice of City Council's decision on this application. Yours truly, Director of Planning Services Councillor Bill Smeaton Bill Stevens, Regional Public Works M:\MSWORD\PC\NFzbla\Montrose Marinelli.doc NIA~A DATE: TO: SUBJECT: THE REGIONAL MUNICIPALITY OF NIAGARA MEMORANDUM January 29, 2003 Peter Colosimo, Planner Planning and Development Department Zoning By-law Amendment Application (AM-47/2002) Applicant: Gabrielle Marinelli Proposals: 1) To Permit an Existing Dwelling to be Converted into Two Dwelling Units 2) To Permit a Bed & Breakfast Operation in One Unit Location: Regional Road 98 (6410 Montrose Road) In the City of Niagara Falls Our File: D.10.098.2 (ID#1918) Regional Niagara Public Works Department has reviewed the above-noted application for a zoning by- law amendment. We have some comments for your consideration in responding to this application. 1) While no new buildings are proposed, there is certainly intensification to the land use. Where new development occurs, we generally request a road allowance widening, and in this case, it would be approximately a 10-foot width across the frontage of the subject property. The proposed parking arrangement could cause difficult and unsafe ingress and egress for vehicles within Regional Road 98 (Montrose Road). Adequate sight lines are important. It would be helpful if an on-site mm-around could be provided, so that vehicles do not need to back out into the road allowance. 3) Should any construction be required within the Regional Road allowance, a Regional Construction Encroachment and/or Entrance Permit must be obtained, prior to any construction taking place. Applications must be made through the Permits Section of the Operational Support Services Division of the Public Works Department. 4) Grading should be such that additional storm water mn-off is not directed towards the Regional road surface. In conclusion, should the City place this property under site plan control, we would request a more detailed plan for our review and possible further comments. ~illian~).~en~, C~.E.T. Development & Approvals Manager Public Works Department Operational Support Services Division WJS/cm L:\Engineering Plamdng-and-Development\Olesevich-Carmen\Niagara Falls\CORRESPONDENCE 2003\7857.p.colosimo.doc c: Bryan Mclnnis, Supervisor of Permits The City of Niagara Falls Canada Corporate Services Department Planning & Development 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalis,on.ca Tel.: Fax: E-mail: (905) 356-7521 (905) 356-2354 planning@city.niagarafalls.on.ca PD-2003-21 Doug Darbyson Director February 17, 2003 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD-2003-21, Community Improvement Plan, Downtown Area RECOMMENDATION: It is recommended that this report be received for the information of Council. BACKGROUND: In order to enhance the redevelopment efforts downtown, the City should avail itself of the brownfield incentives promoted by the Region and Province. The downtown is recognized as a Community Improvement Area in the City's Official Plan. This is the first step in creating the Community Improvement Plan necessary to provide for the brownfield incentives. The incentives could provide very real opportunities for revitalization of the downtown core. A Community Improvement Plan (CIP) would provide a comprehensive strategy to attract new investment to the downtown, consolidate the anticipated physical changes into one document and create financial programs to secure commitments. The estimated cost to prepare a CIP for the area extending from the west side of Victoria Avenue.to the Niagara River and from the north side of Bridge Street to Huron Street is approximately $40,000. Sufficient funds to undertake this work are available in the 2003 Community Services budget. Staff wishes to proceed with this project now in order to build on the current momentum. Working Together to Serve Our Community Clerks · Finance Human Resources · Information Systems · Legal Planning & Development February 17, 2003 - 2 - PD-2003-21 Prepared by: Alex Herlovitch Deputy Director of Planning & Development Respectfully submitted: ~°h ih~e f~CmDi°n~sa~rda t i v e Officer and Serge Felicetti Director of Business Development Recommended by: DougD~ y~'~ son Director of Planning & Development Approved by: T. Ravenda Executive Director of Corporate Services AH:tc S:~PDRX2003~PD2003-21, Community Improvement Plan - Downtown.wpd The City of ~1~ Corporate Services Department Planning & Development 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 5X5 web site: www.city.niagarafalls.on.ca Tel.: Fax: E-math (905) 356-7521 (905) 356-2354 planning@city.niagarafalls.on.ca PD-2003.22 Doug Darbyson Director Febmaryl7,2003 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re' PD-2003-22, Appeal to Zoning By-law 2003-07 AM-38/2002, Garner Estates Phase 4 Draft Plan of Subdivision RECOMMENDATION: It is recommended that Council reaffirm, through resolution, the passing of By-law 2003-07. BACKGROUND: The City has received the attached appeal to Zoning By-law 2003-07 from Henry Wojnarowski. The purpose of the by-law is to provide land use regulations to guide the development of the related Garner Estates Phase 4 draft plan of subdivision and the construction ofdwellings on the land. The reasons cited in the appeal are summarized as follows: The zoning amendment is proposed to accommodate a subdivision design that does not meet Planning Act criteria and is currently under appeal to the Ontario Municipal Board. The zoning amendment does not implement the policies of the Official Plan and the Garner Neighbourhood Plan. A traffic impact study should be initiated prior to the approval of the subdivision and zoning by-law. The proposed reduction to a special setback along McLeod Road represents poor planning and poor design. The zoning amendment will implement a neighbourhood park size that is smaller than normal requirements. Council conducted public meetings as required under the Planning Act for this zoning by-law amendment and related subdivision plan. The appellant spoke at these meetings in objection to the subdivision design due primarily to the location of a future collector roadway connection to Garner Working Together to Serve Our Community Clerks Finance Human Resources Information Systems · Legal Planning & Development February 17, 2003 - 2 - PD-2003-22 Road next to his residence. Attempts to resolve issues of concern were not successful. The subdivision was approved by Council with conditions on December 9, 2002 and has also been appealed. Staff contacted the appellant and confirmed that the appeal is to the subdivision plan by- law (2003-07) since file AM-38/2002 also provided for the passing of a separate by-law (2003-06) for an institutional use on McLeod Road. The City is required to forward the appeal and other material to the Ontario Municipal Board by February 21, 2003. The Board requires that Council's position be submitted with the appeal. CONCLUSION: Council passed By-law 2003-07 in accordance with the requirements of the Planning Act and based on staff's recommendation, comments fi.om various agencies and submissions made at public meetings. A resolution of Council to reaffirm the passing of the by-law is required and included in tonight's agenda. Prepared by: Richard Wilson Planner 2 Respectfully submitted: i°n~saltrdative Officer Recommended by: Doug Darbyson Director ofPlarming & Development Approved by: T. Ravenda Executive Director of Corporate Services RW:tc Attach. S 5PDRX2003hUD2003-22, Appeal to Garner Estates Phase 4 By-law.wpd t-!I0~, FNLL.., ~LER~.-, UJ U,- ?~ ~L l ._ ) 1 ~ P~annng J ~'"~" Sc.,,~d I December 20, 2002 City of Niagara Falls 4310 Queen Street, P.O. Box 1023 Niagara Falls, ON L2E6X5 Attention: Dean Iorflda City Clerk Re: Appeal of Zoning By-law (AM-38/2002) By Henry Wo,inarowski Dear Mr. Iorfida, Further to the decision of the City of Niagara Falls Council to approve Zoning By-law (AM- 38/2002), I hereby appeal the decision and refer it for a headng to the Ontario Municipal Board. In order to complete the Appeal the following is provided; a copy of the Notice of Appeal setting out the reasons for the appeal and, a cheque made out to the Minister of Finance in the amount of $125.00. I trust the above satisfies the requirements of Section 34(19) of the Planning Act R.S.O. 1990 c.P. 13 as amended and the Notice of Appeal will be forwarded to the Ontario Municipal Board for a hearing. Yours ve[y truly,//] Hanry Wojnarowski 7000Semer Road Niagara Falls, ON L2E 6S5 Doug Darbyson Director of Planning and Development r RECEIVED PLANNING IN THE MATTER OF the Planning Act R.S.O., 1990, c.P.13 as amended Section 34, Subsection 19; AND IN THE MATTER OF an application by Henry Wojnarowski who hereby appeals the decision of the Council of the City of Niagara Falls to pass Zoning By-law (AM-38/2002) which amends By-law 79-200 for lands municipally known as. NOTICE OF APPEAL TAKE NOTICE THAT the appellant appeals pursuant to Section 34(19) of the Planning Act R.S.O. 1990, c.P.13 as amended the decision of the Council of the City of Niagara Falls to pass Zoning By-law AM-38/2002 which amending By-law 79-200 to accommodate a draft plan of subdivision which includes 91 single detached lots, 19 semi-detached lots and separate blocks for an institutional use storm water management area and parkland. The subject land is located north of McLeod Road and east of Garner Road as shown on Schedule 1. 1. The Proposal The applicant proposes to subdivide an 11.57 hectare (28.59 acre) site into 90 single detached lots, 19 semi-detached lots, and separate blocks for a storm water management area, an institutional use and parkland. The subject land is located no~th of McLeod Road and east of Garner Road as shown on Schedule 1. The road pattern is an extension of McGarry Ddve to Garner Road, connects to McLeod Road, includes a cul-de-sac and provides three dead end streets to be continued on abutting land in the future. The site is currently zoned Development Holding (DH) through Zoning By-law 79-200, as amended. The applicant has requested the zoning of the land be changed to the Residential Single Family 1 E Density (R1 E) zone for the single-detached lots, to the Residential Single Family and Two Family (R2) zone for the semi-detached lots, and to provide a special Institutional (I) zone for land identified as Block 110. The zoning requirement for an additional special setback from McLeod Road is requested to be removed. The Institutional zoning would permit a residence for emergency and temporary care and associated office space, with site specific building setbacks and parking standards. Land Use Documents 2. Official Plan: The City's Official Plan designates the property Residential which permits a variety of housing types. A compatible mix of housing types and lot sizes is promoted by the Official Plan to provide a full range of housing opportunities, Garner NeLqhbourhood SecondarF Plan: The policies of the Official Plan are refined through the Garner Neighbourhood Secondary Plan which was adopted by Council in 1997 and updated in October 2001. The Secondary Plan provides a framework to guide development in the area. Locations of roadways and facilities are shown on the land use concept plan. Surrounding Land Use Land to the north consists of deep residential properties and the German Village Club along Garner Road, and vacant land for future residential development. Northeast of the site are soccer facilities under construction, elementary schools and a future recreational trail. Existing dwellings abut the subdivision to the west and Garner Road is the Urban Area Boundary. There is an auto service use located on the northeast corner of McLeod Road and Garner Road. A proposed church and highschool will be directly south of the plan and land on the south side of McLeod Road is in agricultural use. An existing storm water area and single detached dwellings within Garner Estates (Phases 1, 2 and 3) are to the east. Reasons for the Appeal 4. The appellant hereby appeals the decision of the Council of the City of Niagara Falls to approve Zoning By-law The zoning amendment is proposed to accommodate a subdivision design which does not meet the "tests" set out in Section 51(24) of the Planning Act R.S.O. 1990, c.P.13. The zoning amendment does not implement the policies of the Official Plan and the Garner Neighbourhood Plan. The zoning amendment is proposed to recognize a proposed draft plan of subdivision currently under appeal to the Ontario Municipal Board. The plan of subdivision is designed primarily to accommodate a collector road which will have a negative impact on existing surrounding land uses. The proposed subdivision design also creates a non conforming situation to an existing use, a situation that could be avoided with good subdivision design. A traffic impact study is required and should be initiated prior to the approval of subdivision and zoning by-law and not after the approvals have been given and the traffic problems cannot be addressed. The proposed zoning by-law proposes a reduction in a special residential setback along McLeod Road a future arterial road. The reduction of this arterial setback represents poor planning and poor design. The proposed zoning amendment will implement new regulations for park size in this neighbourhood. These new standards will accommodate a park which is smaller than the normal requirements. Relief Sought The relief sought by the Appellant is as follows; That the Ontario Municipal Board set aside the decision of the Council of the City of Niagara Falls and not approve Zoning By-law AM-38/2002. DATED at the City of Niagara Falls the _~day of Henry Wojnarowski 70003amer Road Niagara Falls, ON L2E 6S5 SCHEDULE 1 Proposed Plan of Subdivision & Zoning By-law Amendment Application Garner Estates Phase 4 26T-11-2002-05 & AM-38/2002 Location Other Lands Of Applicant Elementary Schools Estates -~ se3 ~ Future High School Subject Land Clerk's Department Inter-Departmental Memorandum To: Mayor Wayne Thomson & Members of Council From: Dean Iorfida City Clerk Ext. 4271 Subject: Initiation of Designation for 6151 Culp Street The City of ~1~1~ Date: February 17, 2003 Please fmd attached a request from Ms. Gall Ann Boulter for 6151 Culp Street. For your information, this request was first at Council on November 25, 2002 as part of PD-2002- 112, Matters Arising From the Local Architectural Conservation Advisory Committee. Council deferred the report in anticipation of the report from myself and Alex Herlovitch (which was approved last week). Ms. Boulter was advised by LACAC to send her request directly to Council. Staff is recommending that the request to initiate the heritage designation process begin. Here is the pertinent section from the original report PD-2002-112: a) John Ingles House - 6151 Culp Street The owner, Gall Ann Boulter, requested that the property at 6151 Culp Street be designated as a heritage property in the City. The site is included in the LACAC's inventory of Heritage Resource Properties and an extensive report had been prepared on the house. The house, an example of Cottage Gothic, a picturesque style popular in the mid 19th Century, was built in the mid 1800s. In 1886, the house was purchased by John Ingles, son of Reverend Charles Leycester Ingles, second rector of All Saints Church. John Ingles was a prominent engineer. Mr. Ingles resided in the house until 1909. The LACAC reviewed the designation request and conducted a thorough evaluation of the property, taking into consideration its architecture, history, environment and integrity. Following a favourable evaluation and a meeting with the homeowners, the Committee adopted the following motion: THAT Council authorize staff to initiate proceedings to designate 6151 Culp Street as a property under Part IV of the Ontario Heritage Act. W or~in0 Tooet~er to Serve Oar Community From: To: Date: Subject: Ingles House) Dean Iorfida gboulter2@cogeco.ca 2/7/03 10:13AM Re: CITY OF NIAGARA FALLS VVWVV - Gaylanne Boulter, 6151 Culp Street (John Hi Gaylanne: Thanks for the e-mail. We already have the agenda set for February 10th; therefore, we will put it on for the following week. I will keep you posted. Dean >>> <gboulter2@cogeco.ca> 02/06/03 11:42AM >>> Received From the City of Niagara Falls WebSite: Date and Time Stamp: Thursday, February 06, 2003 at 11:42:33 (EST) Visitor's Email Address: Qboulter2~,,c~eco.ca The following are the recipients of this email: bdd~city.nia,qarafalls.on.ca .... URL Visited: httl3://www.citv.niaaarafalls.on.ca/contact,html Comment/Request made: Hi Dean: Further to a letter to the Mayor and Council under date November 25/02 from Todd Barclay, I would ask that the above noted matter be added to the next agenda of City Council. i.e. THAT Council authorize staff to initiate proceedings to designate 6151 culp Street as a property under Part IV of the Ontario Heritage Act. I will be out of the country till February 22/03 and trust that you will give this matter you attention. Thanking you in advance, Gaylanne Boulter CC: Bill Matson From: To: Date: Subject: Bill Matson Dean Iorfida 2/11/03 11:34AM Request for Designation - 6151 Culp Street Dean, Excerpts from LACAC's minutes, as requested, are shown below from 3 separate meetings. NIAGARA FALLS LOCAL ARCHITECTURAL CONSERVATION ADVISORY COMMITTEE Minutes of Meeting - August 28, 2002 New Business: a) Request for Designation - 6151 Culp Street The Committee was advised of the request for designation received from the owners of 6151 Culp Street. A report providing the history and significance of the property was reviewed. Todd Barclay felt that a site visit was in order to complete the evaluation sheets. He agreed to make the arrangements with the owners. NIAGARA FALLS LOCAL ARCHITECTURAL CONSERVATION ADVISORY COMMITTEE Minutes of Meeting - September 25, 2002 Unfinished Business: a) Request for Designation - 6151 Culp Street - Bill advised that Todd Barclay arranged for a site visit on Tuesday, October 1, 2002 at 6:00-6:15 p.m. to complete the evaluation sheets, Janice Wing said she would not be available. NIAGARA FALLS LOCAL ARCHITECTURAL CONSERVATION ADVISORY COMMITTEE Minutes of Meeting - November 6, 2002 Unfinished Business: 6151 Culp Street - This request for designation was discussed. Four members attended the site visit to evaluate the property and it achieved a good rating. Margaret Mingle was impressed with the history of this property, more so than its architectural significance. Frances Corfield agreed that it has an interesting social background. MOVED BY: Kym Cody SECONDED BY: Frances Corfield THAT Council authorize staff to initiate proceedings to designate 6151 Culp Street as a property under Part IV of the Ontario Heritage Act. Carried Unanimously CC: Alex Herlovitch ssPohOntari° armacists ciation I'iIIzIG. F~LL$ CLERKS '03 0~_05 0~:19 23 Lesmitl Road, Suite 301 Don Mills, ON M3B 3P6 Telephone (416) 44¥0788 Fax (416) 441-0791 www,opatoday,com February 3, 2003 City Clerk's Office The City of Niagara Falls City Hall Box 1023 4310 Queen Street Niagara Falls, ON L2E 6X5 Re: Proclamation Request Dear Sir or Madam: On behalf of the pharmacists in Niagara Falls, the Ontario Pharmacists' Association is requesting to apply for a proclamation that I~larch :3 - 9, 2003 be proclaimed Pharmacy Awareness Week. This year's Pharmacy Awareness Week (PAW) theme is 'Your Health - Your Medicine - Your Pharmacist - Let's Talk'. During PAW, pharmacists throughout the province (including in your city) will highlight for patients the many ways pharmacists help them enjoy better health eve. Jy day. Pharmacists have a variety of resources at their disposal, including a Smoking Cessation Program, and the Seniors' Safe Medication Use and Children's Safe Medication Use presentations. Pharmacists have a wealth of information to share and they personally make a positive contfibuUon to the health and well being of your constituents every day. As the mos/ accessible health care provider, pharmacists consistently provide an array of services, saving the health care system valuable resources. We are confident you will agree that pharmacists area valuable part of a strong community. We hope you will support PAW 2003 by proclaiming the week of March 3 - 9, 2003 Pharmacy Awareness Week in your city/town. Please contact me at (416) 441-0788, ext. 4266 with any questions, or to request further information. Yours very truly, Ontario Pharmacists' Association Terry A. Cunningham Conference & Event Manager NIAGARA DISTRICT CHAPTER 131 Ontario Street, Suite 101, St. Catharines, ON L2R 5K1 Tel. 905-641-8771 Fax: 905-641-2343 e-mail: kidney@niagara.corn charitable registration Tuesday, January 28,2003 YourWorship MayorWayne Thomson Cityof 1023 Dear Your Worship Mayor Wayne Thomson, The Kidney Foundation, with the dedication of over 80,000 volunteers across the country, and the generosity of the public, works to improve the health and quality of life of people living with kidney disease. The Kidney Foundation is funded solely by its own initiatives and since it's conception in 1964, has awarded more than 53 million dollars to support kidney related research. In Canada there are more than 2 million Canadians suffedng from kidney failure or some form of kidney related diseases (i.e. diabetes) and in the Niagara region alone there are over 400 patients being treated at the Hotel Dieu Hospital. These numbers do not include the thousands of patients overseen by nephrologists in the hopes that their kidney function does not go below 30%. This March over 2800 volunteers will canvass their neighborhoods to raise money for kidney patients, res.,~r~h and awareness initiatives. Our goal is to raise $.13~0,..0.0.0....Once. a.gainl ~s~Past years, We ask your support and the suppor[ oT L;~ uounclh ~n promoting Public awareness by officially proclaiming March as Kidney Month in the Niagara region by an official Proclamation. I have attached a sample Proclamation Notice for your consideration. Thank y~o~f~or 7u r. su pport in advance. Samantha Paniccia Campaign Coordinator, Niagara District Chapter Organ Donation Saves Lives... Talk To Your Family About Your Wishes The City of ~l~jl~ Niagara Fallsll~. Corporate Services Department Clerk's Division 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: Fax: E-mail: (905) 356-7521 (905) 356-7404 dio~da@city.niagarafalls.on.ca CD-2003-03 Dean Ioffida City Clerk February 17, 2003 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: CD-2003-03 Designation of Cummington Square RECOMMENDATION: For the information of Council. BACKGROUND: At the January 20, 2003 Council Meeting, Mr. Don Ede of the Village of Chippawa Citizen's Committee appeared as a deputation. Mr. Ede indicated that his group was in favour of an historical designation for Cummington Square. He further expressed the opinion that there had been interference with designation taking place. As a result of Mr. Ede's deputation there was much discussion that followed. The purpose of this report is to examine the process that occurred with regard to the possible designation of Cummington Square, whether the process was flawed and to clarify any misunderstandings. When Did the Request for Designation Commence? The attached memo, Chronology of the Heritage Designation Request for Cummington Square, indicates that there were inquiries of staffas far back as 2000. An official application to designate Cummington Square was received by the Planning & Development Department in November 2001 from the Village of Chippawa Citizen's Committee. Planning staffbrought the request forward to LACAC (Local Architectural Conservation Advisory Committee). Working Together to Serve Our Community Clerks Finance · Human Resou/ces Information Systems · Legal · Planning & Development - 2 - CD-2003-03 One ofLACAC's roles is to make recommendations to Council on whether a property should receive historical designation. LACAC was in favour of such a designation and a staffreport was prepared for a Senior Staff meeting in April 2002. What is the Benefit of Designation ? Designation is a sign of prestige or a public recognition of a property's importance. There are no tangible benefits of receiving a historical designation. Council has approved a grant program through LACAC for 2003. Applications are not yet available, however, the intention of the program is to provide grants to property owners who want to make repairs or renovations in keeping with the historical attributes of their property. Cummington Square would not be available for such a grant because it is City property. The other purpose of designation is to ensure that a historical property is not significantly altered in a way that is contrary to its' heritage value. For example, a War 1812 property with a brick facade should not be renovated and replaced with aluminum siding. Having a designation limits renovations that are not in keeping with the historical character of the property. (For a summary of what historical designation means, please refer to the attached memo from Mr. Bill Matson, Assistant Planner). Has the Historical Nature of Cummington Square Been Preserved Without Designation? Cummington Square is City property. In February 1997, Council approved a landscaping master plan for the Square. Parks, Recreation & Culture and Mtmicipal Works' staffare very conscientious about maintaining the integrity of the property. Staffwill undertake regular repairs, maintenance and upkeep, however, when significant work is being contemplated, area groups, most notably the Chippawa Legion, are consulted. Recently, the Legion was consulted when additional bollards were to be installed to protect the war monuments from skateboarders. The Legion also approved some benches for the Square which were donated by Casino Niagara, through the efforts of the Chippawa Heritage Development Committee. What is the Usual Designation Process? LACAC considers whether a property is worthy of historical designation. If it agrees, then a report recommending that "the designation process begin" is submitted to Council. If Council approves the initiation of the process, an ad is placed in the newspaper outlining the intention to designate, reasons for designation and the historical attributes of the property. A subsequent report is brought to Council and any objections to designation are considered. Usually, when a homeowner is seeking a designation for their property there is no opposition to designation because the homeowner is the only party directly affected. When an outside party is - 3 - CD-2003-03 seeking designation for property they do not own there is likely to be opposition. A recent example was the Bright's property where the owners opposed designation. What Happens After a Property is Designated? If the property owner wants to make any changes that have to do with the historical attributes of the property, they are supposed to approach LACAC with their intentions. LACAC will make a recommendation and a report will be brought forward to Council. As an advisory body, LACAC only makes recommendations. It has no authority to "take over" a property. Council has the ultimate authority to make decisions on changes to a designated property. Why has the Report from LACAC Not Gone to Council? Occasionally, when a report is presented at Senior Staff it will be pulled or delayed because it is deemed incomplete, more investigation or research is required or more public consultation is necessary. Because of the various community groups with vested interests in Chippawa, it was decided by Senior Staff that the most prudent course of action would be to notify the various groups of the intention to designate and seek feedback. If the report had gone to Council in April, staffand LACAC would have been open to criticism for not engaging in a consultation process. Also, because Cummington Square is viewed as a City- owned park, the Parks & Recreation department's policy is to seek feedback on any changes to park property prior to bringing a report forward to Council. To reiterate what was stated at the January 20, 2003 Council meeting, no correspondence addressed to the Mayor and Members of Council, related to this matter, was ever held back from the Aldermen. What has the Result of the Consultation Process Been? It should be noted, from the Chronology of the Heritage Designation Request for Cummington Square, that there has been a meeting with the Chippawa Legion and correspondences, back and forth, between staff and the various community groups in Chippawa from the summer of 2002 to year-end. As the attached correspondences indicate, there has been no consensus on the issue of designation of Cummington Square. The Village of Chippawa Citizen's Committee, the Chippawa Lions Club and the Chippawa Heritage Development Committee are in favour. The Chippawa Legion and Chippawa B.I.A. are opposed and the Willoughby Historical Society and Chippawa Business Association have not responded. Due to the lack of consensus, the Chronology of the Heritage Designation Request for Cummington Square indicates, LACAC adopted the following motion: "THAT LACAC send a letter to the Village of Chippawa Citizen's Committee to express that - 4 - CD-2003-03 LACAC is unable to proceed with a recommendation to Council on the designation of Cummington Square until unanimous consent is reached among the various groups involved. The letter should also state that LACAC is more than willing to assist the Chippawa Citizen's Committee and explain the benefits of designation when they address the various groups." Mr. Ede was advised of LACAC's position by telephone. The Heritage Master Plan In 2000, City Council approved the hiring of a consultant to complete an organizational review of the Niagara Falls Board of Museums. In addition to recommendations pertaining to the City's museums, the review recommended a single planning document dedicated to the development of the City's valued heritage resources. Obviously, such City properties as Cummington Square, the Battlefield lands and, now, the Armoary would be part of the Master Plan. Ms. Adele Kon, the Director of Parks, Recreation & Culture has consistently, in correspondences to Planning staffand in Senior Staff meetings, maintained that any matters pertaining to City-owned properties of a heritage value, be referred to the Master Plan. This was reiterated at the September Senior Staff meeting. It should be stressed, because there seemed to be some confusion at the January 20, 2003 Council Meeting, that Parks, Recreation & Culture is recommending that only historical, City-owned properties be referred to the Heritage Master Plan not private properties, which would follow the normal designation process through LACAC. The terms of reference for the Heritage Master Plan are included for your information. What Would the Benefit of Designating Cummington Square Be? The historical and military importance of Cummington Square is already recognized in the community. Designation through the Ontario Heritage Actwould merely reconfirm the property' s historical significance. Although designation ensures that owners will proceed with caution when planning any alterations, Cummington Square is already afforded protection through consultation with the Chippawa Legion The difference in protection between designation and the property's current status would be a matter of degrees. If anything, designation would lengthen the process for any positive changes, alterations or additions to the Square. To use the bollards example, if Cummington Square was designated, Parks, Recreation & Culture would have to inform LACAC that staff wanted to install the bollards to protect the monuments. LACAC would make a recommendation which, in the form of a report, would go to Council. It would be up to Council to make the final decision; therefore, under designation certain actions or improvements might take anywhere from few additional weeks to a month or more depending on the schedules of Council and LACAC. The summertime could be especially problematic. - 5 - CD-2003-03 CONCLUSION Cummington Square is an historical piece of property in our municipality. Its importance is clearly recognized by numerous community groups. The property is owned by the City and staff, in its gatekeeper role, has always gone to great lengths to ensure that the Square is preserved and not altered in any way that would undermine its heritage value. The continued consultation with the Chippawa Legion ensures that the property is preserved. Designation under the Ontario Heritage Act would simply reconfirm the cultural attributes of the property. Although this matter seems to have been at the Stafflevel for some time, the Chronology of the Heritage Designation Request for Cummington Square indicates that there has been regular and continuous work done on the file for a number of months. At no time was the matter dormant or ignored. Also, the request for comments from community groups was open-ended (i.e. no deadline was imposed). Council's motion at the January 20, 2003 meeting that the historic designation of Cummington Square be referred to the Heritage Master Plan is appropriate because the property is City-owned. Recommended by: City Clerk Respectfully submitted: John MacDonald Chief Administrative Officer Approved by: T. Ravenda Executive Director of Corporate Services Corporate Services Department Planning & Development Inter-Departmental Memorandum Niogoro Foils C°nOd__,,Om~.~ To~ From: Subject: Alex Herlovitch Deputy Director of Planning & Development January 29, 2003 Bill Matson Assistant Planner Ext. 4342 Chronology of the Heritage Designation Request for Cummington Square The following are an order of events that have taken place in the request to have the public portion of Cummington Square in Chippawa designated by City Council as being of historic significance under Part IV of the Ontario Heritage Act. July 28, 2000 Telephone call (in memo prepared by Karen Kitney) From: Victor Ferraloulo To: John MacDonald Re: The Chippawa BIA has learned that the Village of Chippawa Citizen's Committee (VCCC) may approach City Council to have Cummington Square declared a historical site. The BIA would like to be included in the discussions and decision-making process. July 28, 2000 Emall From: To: Re: Alex Herlovitch Adele Kon Explaining the designation process; that such a request for designation would go through LACAC, a report then goes through Staff Management Committee, then to Council. Council decides whether to proceed or not and there is a public process whereby objections can be filed. March 12, 2001 Letter From: To: Re: Village of Chippawa Citizen's Committee (VCCC) LACAC Looking for information on the procedure to follow to have Cummington Square designated. April 24, 2001 Letter From: To: Re: Alex Herlovitch Darlene Willick of VCCC Explanation of the process W or~inO Tooe~er to Serve Our Comtnunit~ -2- April 25, 2001 November 21, 2001 November 2001 to September 2002 April 10, 2002 April 10, 2002 April 24, 2002 May 3, 2002 LACAC Minutes Re: Committee advised of VCCC and Chippawa Development Committee's interest in having Cummington Square designated. Application to designate Cummington Square From: VCCC Received in Planning & Development Historical Report Being researched and prepared by Bill Matson to eventually be included with designation by-law, should the Square be designated. Staff Management Meeting Re: Report PD-2002-33, seeking authorization for staff to initiate proceedings to designate the public lands of Cummington Square under Part IV of the Ontario Heritage Act, was presented. With the following action: "1) Change recommendation to: Refer to stafffor investigation. 2) Report to Council on April 15, 2002. 3) Report pulled. Will be presented to Council at a later date." Follow-up from Staff Management Meeting From: Doug Darbyson To: Bill Matson Re: THAT "various groups" in Chippawa be notified of the intention to designate and seek feedback. Minutes of LACAC Meeting Bill Matson stated the report to Council was deferred pending further investigation. He is continuing to research the reasons for designation. Various members agreed to assist, with the following motion being adopted: "THAT LACAC begin the designation process for Cummington Square." Email From: Adele Kon To: Bill Matson Re: Adele had received a call from Sam Bielich, owner of the Riverside Tavern, regarding confusion that he and the BIA have with the proposed designation of the square. May 4, 2002 June 24, 2002 July 2, 2002 July 17, 2002 July 24, 2002 July 26, 2002 -3- Telephone Call From: Bill Matson To: Mr. Bielich Re: Explanation that the proposed designation was for the public portion of the Square only and not to include the surrounding businesses. The process that would most likely be followed was outlined consisting of placing an ad in the newspaper that would clearly define Council's intention and that the ad would explain the process of the designation and exactly what land/area would be designated. Letters sent to various groups From: Bill Matson To: Chippawa BIA Chippawa Heritage Development Committee Village of Chippawa Citizen's Committee Willoughby Historical Society Chippawa Business Association (returned to sender - change of address). As a follow-up to the Staff Management meeting of April 10, 2002, letters were sent seeking comments on the proposed designation of Cummington Square. Letter dated June 27, 2002 From: VCCC To: LACAC (Attn: Mr. Wm. Matson) Re: Offering their support for designation. Signed by P.J. Ede Letters From: To: sent to various groups Bill Matson Chippawa Business Association (new address) Chippawa Lions Club Seeking comments on the proposed designation. Minutes of LACAC Meeting The Committee was advised of the circulation of various groups for comment and the response received. Since no objections were received, the Committee felt that it was time to prepare a follow-up report to Senior Staff and instructed Bill Matson to prepare the follow-up report to Council. Letter dated July 15, 2002 From: Chippawa Heritage Development Committee To: Bill Matson Re: Supporting the designation. Signed by Joe Miszk. July 31, 2002 August 6, 2002 Augu~ 28,2002 September 5, 2002 - September 11, 2002 - September 25, 2002 - -4- Letter sent to Royal Canadian Legion From: Bill Matson To: Royal Canadian Legion Re: At the suggestion of Adele Kon, a letter was sent seeking the comments of the Legion on the designation of the Square. Meeting at the Chippawa Royal Canadian Legion to explain the potential of the Square. Those in attendance, as invited by the Legion, included Todd Barclay (Chair of LACAC), Alderman Wing, Alderman Fisher and Adele Kon. Minutes of LACAC Meeting Discussion about the meeting at the Royal Canadian Legion with a verbal report that the Legion members were of the opinion that the designation would be a roadblock to their group in organizing events in the Square. The Committee asked that another report be prepared for Council recommending the designation. Bill Matson advised that a report would be prepared for the September 16, 2002 Council meeting. Letter dated September 1, 2002 From: Chippawa Lions Club To: Bill Matson Re: Their support of the designation. Signed by Carl Scott, 1st Vice President. Staff Management Meeting From: LACAC To: Council Re: Report PD-2002-93 was presented at Staff Management with the following action: "I) Concern expressed regarding Cummington Square matter. 2) Report to Council on September 16, 2002 with the Cummington Square issue removed, at this time, for further review." Minutes of LACAC Meeting Planning Report PD-2002-93 was discussed. Bill Matson advised the matter regarding the Cummington Square designation was again removed at the Staff Management meeting for further review. The explanation offered was that a call had been received from the Legion in opposition to the designation. The Committee expressed surprise that neither LACAC, nor staff, had received an official objection from the Legion following their meeting with Todd Barclay, Adele Kon, Aid. Wing and Ald. Fisher. It was agreed Janice Wing would draft a letter to be sent out. LACAC adopted the following motion: -5- October 23, 2002 December 3, 2002 December 11, 2002 - January 20, 2002 - January 20, 2002 "THAT follow-up letters be sent to the various Chippawa groups who were given written notification of LACAC's letter of intention to designate Cummington Square and request for comments or support, but did not respond, including the Chippawa Legion." Letters sent to various groups From: LACAC To: Willoughby Historical Society Chippawa BIA Chippawa Business Association Royal Canadian Legion Re: The letters indicate that LACAC is still looking for support/comments to the designation of the Square. The letter also gives further details of what the proposed designation would entail. Email From: To: Re: Victor Ferraioulo, Chairman of Chippawa BIA Bill Matson The decision of the BIA "was for the status of Cummington Square to remain as is. This means no LACAC involvement." Minutes of LACAC Meeting Bill Matson advised the Committee of the emall received from Victor Ferraioulo (Chippawa BIA) stating their opposition. LACAC adopted the following motion: "THAT LACAC send a letter to the Village of Chippawa Citizen's Committee to express that LACAC is unable to proceed with a recommendation to Council on the designation of Cummington Square until unanimous consent is reached among the various groups involved. The letter should also state that LACAC is more than willing to assist the Chippawa Citizen's Committee and explain the benefits of designation when they address the various groups." Don Ede was advised of LACAC's position by telephone. A letter was drafted to Don Ede as a follow-up but not sent out pending further investigation by City staff. Minutes of Council Meeting Don Ede, a member of the VCCC, addressed Council on the designation of Cummington Square. City Council referred the matter to the proposed Heritage Master Plan. BM:tc c: Adele Kon John MacDonald C:\WlNDOWS\TEMP\Chronology.wpd C~l~a t~ i~iG, FflLLS CLERI,'S ~03 0210 ~.:[:i$ The Royal dian Legion CHIPPAWA (ONT. NO. 396) BRANCH 3860 LEGION STREET NIAGARA FALLS, ONTARIO L2G 6C9 Mayor Wayne Thompson and Council City 4310 Queen St. Niagara Falls, Ontario L2E 6X5 February 7, 2003 .~. Dear Mayor Thompson and Council: The members and executive of The Royal Canadian Legion, Branch 396, Chippawa would like to see Cummington Square remain under control of The City of Niagara Falls Council and not dedicated a historic site through LACAC as we have always had such a good rapport with Mayor Thompson and Council in the past We would however like to see a plaque placed in Cummington Square stating the historical significance of Cummington Square with regards to the Cummington family and the Memorials to the residents of The Village of Chippawa that fought in World War I, World War II and Korea. President Branch 396, Chippawa 'They served fill death! Why not we?" From: To: Date: Subject: "Victor Ferraiuolo" <victor@niagara.corn> <billmatson@city.niagarafalls.on.ca> 12/3/02 12:02AM Chippawa Cummington Square Dear Mr. Bill Matson: For your records, at our last Chippawa BiA Board meeting, the decision was for the status of Cummington Square to remain as is. This means no LACAC involvement. Thank you. Victor Ferraiuolo Chairman Chippawa BIA "WE SERVE" bh,ppau)a Dor s )lub Planning CHARTERED 1941 P.O. BOX 935 NIAGARA FALLS, ONTARIO, CANADA L2E 6V8 September 1, 2002 Mr. Wm. Matson Assistant Planner Planning and Development The City Of Niagara Falls 4310 Queen Street, P.O. Box 1023 Niagara Falls, ON L2E 6X5 Dear Mr. Matson, The Board of Directors of the Lions Club of Chippawa has discussed the designation of Cummington Square as outlined in your letter of June 24, 2002. We agree with your observations regarding Cummington Square's historical and cultural significance to the community. The Square continues to be a focal point of Chippawa that draws residents to it. Its significance has not been diminished over time. The Lions Club of Chippawa is pleased to lend its support to your quest to have Cummington Square designated under the Ontario Heritage Act. The entire area is ripe with the eady history of our country and Cummington Square is certainly part of that history. On behalf of the Lions Club of Chippawa I wish you and your committee every success in your endeavour. Please advise if we may be of further assistance in the process. Yours truly, Carl E. Scott l~t. Vice-President (C:289-213-2275) RECEIVED SEP 0 5 2002 PLANNING & DEVELOPME?,T ~m~ Planning"'~ Scanned ~ I I Dear Mr. Matson, Ju~ 15,2002 The Chippawa Heritage Committee is a group of local residents and businessmen interested in the development and heritage of Chippawa. Our goals are to strengthen community identity, preserve and restore our unique heritage, and make Chippawa a unique tourist destination. Chippawa possesses numerous assets and historical resources and certainly Cummington Square is one of our most visible. Preserving such resources will definitely have a positive impact on our community. We are very much in support of LACAC designation for the public portion or green space of the Square. Yours truly, .~, '~oe Miszk L/ Chippawa Heritage Development Committee 8921 Sodom Road, Niagara Falls, Ontario L2E 6S6 (416) 295-4436 Planning 3711 Gunning Drive Chippawa, Niagara Falls, Ontario L2G 6L5 905-295-4647 June 27, 2002 LACAC City of Niagara Falls Planning & Development 4310 Queen Street P. O. Box 1023 Niagara Falls, Ontario L2E 6X5 Attn: Mr. Wm. Matson Dear Mr. Matson: Thank you for your letter of June 24t~, 2002, notifying us that Cummington Square in Chippawa will be designated historical by LACAC under the Ontario Heritage Act. Our Committee is honoured that LACAC has approved our request to designate the Square a historical site. It is rich in the history of the Village of Chippawa and is the centre of our Community. We know that generations after us will benefit from the designation and preservation of the Square as a historical site. Yours truly Village of Chippawa Citizens Committee P. J. Ede Secretary JUL 2 2(~0~ Community Services Department Parks, Recreation & Culture Inter-Department Memorandum Niagara Falls TO: FROM: RE: Mayor and Members of City Council Adele Kon, Director of Parks, Recreation 5' Culture Ext. 4507 Heritage Master Plan DATE: January 26, 2003 At the January 20, 2003 City Council meeting, some discussion took place concerning the proposed Heritage Master Plan. For the information of Council Members, a copy of the Terms of Reference for the comprehensive Heritage Master Plan is attached. On November 5, 2002, a public meeting was hosted to discuss the Terms of Reference. Representatives of our Heritage Groups, respective City Committees and Staffwere in attendance. The consensus of those in attendance was that the study would provide a guideline on heritage matters allowing the City to take a proactive, rather than a reactive, approach to heritage issues in our City. To date, Staff has unsuccessfully applied to three (3) different government programs for the Heritage Master Plan funding. Early this year, another application was submitted by the Museum Board for a Federal program - Museum Assistance Program (MAP). Staff has been informed that a decision should be made in March. Unless a new funding program is announced, our current attempts have exhausted all known government programs for funding. If we are unsuccessful with MAP, Staff will proceed with the study this coming Spring solely with municipal funding. Should Members of Council have any questions pertaining to the Terms of Reference or the Study in general, please do not hesitate to contact me. AK/das Attachment S:\Heritage Issues\Heritage Master Plan'u'vlemo to Council Feb 03.wpd The C~ty of N~agara Falls Canada TERMS OF REFERENCE REQUESTS TO SUBMIT PROPOSALS FOR HERITAGE MASTER PLAN for the City of Niagara Falls Proposal # Proposals are to be submitted in a sealed envelope with Proposal clearly marked and must be received no later than in the office of the City Clerk, Niagara Falls City Hall, 4310 Queen Street, Niagara Falls, Ontario, L2E 6X5 Table of Contents 1.0 Introduction 2.0 Organizational Background 3.0 , Rationale for Project 4.0 Goals 5.0 Tasks and Requirements 6.0 Deliverables 7.0 Schedule 8.0 Funding 9.0 Reporting Process 10.0 Submission of Proposals 11.0 Acceptance/Rejection/Modification of Proposals CITY OF NIAGARA FALLS HERITAGE MASTER PLAN TERMS OF REFERENCE 1.01 INTRODUCTION In the year 2000, City Council approved engaging a consultant to complete an Organizational Review of Niagara Falls Board of Museums. DMA Consultants were selected and completed the review in April 2000. As part of the Analysis and Recommendations DMA recommended the completion of a heritage master plan as being an important part of an overall success plan for the museums and the implementation of the various recommendations of the organizational review. The review however, went even further than merely reflecting on the elements that needed to be in place for the success of the museums, but suggested in much broader terms that, "Council must provide direction concerning the role of the museums and other heritage resources in Niagara Falls and the contribution heritage resources are expected to make to other corporate objectives including tourism and economic development" The need for improved conservation, understanding, preservation, interpretation, and marketing of heritage resources in the City of Niagara Falls has been a need that has been voiced, but not fully articulated, through several sources and studies in the past few years, including the Niagara Falls Tourist Area Development Strategy (1998), City of Niagara Falls Strategic Plan for the Provision of Parks, Recreation, Arts & Culture (1994), and the Lundy's Lane Battlefield Master Plan (1998). City Council, recognizing the need to provide clarity and a single significant planning document dedicated to the development of the city's valued heritage resources has endorsed the recommendation to engage a consultant to complete a heritage master plan. 2.0 ORGANIZATIONALBACKGROUND City of Niagara Falls The City of Niagara Falls is one of the oldest and most internationally recognizable communities in Canada. The city possesses a rich history stemming from its significance as an early Canadian Settlement; as a focal point in the Niagara Campaigns of the War of 1812; its early importance as a transportation crossroads; its value as a source of significant power generation and industrial development; its continued significance as a point of entry into Canada from the United States; and its enduring legacy as the home to one of the world's most recognizable tourist attractions. The City Council recognizes its responsibility to safeguard this rich history and to provide and develop meaningful interpretive opportunities for the community and visitors to this City. The City's current responsibilities include: Supporting the Lundy's Lane Historical Museum and the Willoughby Historical Museum through the Board of Museums The Lundy's Lane Battlefield Project and the restoration of the Battle Ground Hotel Several designated heritage buildings All municipal cemeteries and several "farm" cemeteries Heritage events and activities promoted through the Parks, Recreation and Culture offices However, the city's responsibilities would not necessarily be limited to these museums, development projects or events. Supporting Groups with Interest in Heritage Matters There are currently a great many interested citizens' groups and agencies within the City of Niagara Falls, who have organized and are dedicated to the presentation and promotion of the rich heritage of their community. They can be divided between groups that report to Council and those that don't have any responsibility to, or mandate from Council. Those who derive their mandate from Council include: Board of Museums LACAC Mr. Sherman Zavitz, City Historian Niagara Falls Public Library The volunteer groups not mandated by Council include: Friends of Stamford Village Lundy's Lane Historical Society The Friends of Lundy's Lane Battlefield Willoughby Historical Society Village of Chippawa Citizen's Committee Niagara Falls Railway Museum Niagara Antique Power BME Church Niagara Military Museum Niagara Children's Museum Niagara Falls Art Gallery (Kurelek Collection) Community Background Studies The following reports and studies pertaining to various heritage matters have been completed within the last 15 years and are available for review: Lundy's Lane Battlefield Master Plan Commonwealth (September 1998) -2- Organizational Review of City of Niagara Falls Board of Museums DMA Consultants (2001) Lundy's Lane Historical Museum Feasability Study Baird Sampson Architects/Brian Amott Associates (June 1987) Niagara Falls Tourist Area Development Strategy Urban Strategies Inc. (June 1998) City of Niagara Falls Strategic Plan for the Provision of Parks, Recreation, Arts & Culture Monteith Zelinka Ltd. (December 1994) · Lundy's Lane Battlefield Landscape Master Plan (October 2001) 3.0 RATIONALE FOR THE PROJECT The City has decided to undertake a Heritage Resource Master Plan in order to develop the necessary policy and planning directives to facilitate the preservation and promotion of heritage resources. The cost of satisfactorily developing heritage resources for the benefit of the citizens and commerce of the community, increasingly dictates a more significant leadership role from the municipality. The municipality needs to understand how to best organize, promote and finance these resources for the betterment of the community and all stakeholders. This plan would therefore make recommendations for the future of the City's heritage resources, developed in consultation with the public and provide a clear strategy and action plan for assisting the City to achieve meaningful objectives with the available resources. 4.0 GOALS The goals of the Master Plan are therefore to: Assist the City of Niagara Falls in the development of a comprehensive and relevant inventory of immovable, moveable, and intangible heritage resources by developing policies and guidelines that allow for the ongoing identification and evaluation of the historical significance of such resources To clearly define the most appropriate role for the municipality with regards to the conservation and interpretation of cultural heritage resources and the enhancement of heritage tourism opportunities within the community. This must include a strategic plan and organizational outlines that defines roles, responsibilities and opportunities for a co-ordinated approach between the municipality and the various mandated and non-mandated interest groups with an interest in heritage matters within the city 3. An evaluation of the tourism and economic development potential of implementing a -3- heritage master plan including an estimate of the positive financial impacts of heritage tourism for the entire community. Included in this should be an assessment of regional heritage resources with which the City of Niagara Falls would be best served to form partnerships and/or strategic linkages to enhance the interpretation and marketing of historical resources and properties for the purposes of heritage tourism. 5.0 1. TASKS AND REQUIREMENTS In order to assess the historical significance of an inventory of all heritage resources within the City, the following tasks should be completed: Assess current conservation activities within the community's heritage resources Assess current interpretation and marketing activities within the community's heritage resources Develop a thematic outline of the history of the conununity. The major historic themes will be identified and reviewed in conjunction with the City Historian Establish criteria, guidelines, and policies for evaluating the historical significance of a heritage resource to the community as a cultural heritage resource Establish criteria and assessment tools for evaluating the readiness of heritage resources for interpretation and adaptive reuse in the tourist market Assess current status of inventory development and make recommendations for the completion and maintenance of future inventories Develop policies and procedures for the conservation of heritage resources within the city Assess current inventories, link to thematic outline and evaluate historical significance based on above criteria. To determine an appropriate role for the municipality with regards to the conservation, interpretation, and marketing of cultural heritage resources the following tasks must be completed: Assess current role and responsibilities of the municipality with respect to the Lundy's Lane Historical Museum, the Willoughby Historical Museum, the Lundy's Lane Battlefield project, LACAC, Arts & Culture Commission, the Board of Museums, etc., -4- Assess current involvement and relationship of the municipality to the community groups with an interest in heritage matters Identify the opportunities to capitalize on the resources of a co-ordinated and linked approach between the various groups for the conservation, interpretation, and marketing of these cultural heritage resources Develop a plan of action/recommendations regarding the co-ordination of heritage resources for the purposes of conservation, interpretation, and marketing. This should include guidelines that would be applicable to the introduction of future, as yet unknown, opportunities regarding cultural heritage resources. Assess the new opportunities for heritage interpretive activities and public programming Develop action plans for dealing with future demands and assess and evaluate these demands with regards to available funding Develop a schedule that illustrates the potential financial and human resources required to successfully implement the 10 year plan. To evaluate the tourism and economic development potential of implementing a heritage master plan the following tasks need to be completed: Assess appropriateness of heritage resources for tourism and their market readiness with respect to the Niagara Falls market Complete a cost/benefit analysis of the total economic benefit of heritage tourism in the city of Niagara Falls · Identify potential linkage opportunities with tourism partners and develop a strategic plan for implementation · Identify and assess heritage resources that would have significant links to resources within Niagara Falls · Develop a strategic plan for creating linkages with regional resources for the purposes of enhancing interpretation and marketing opportunities. 6.0 DELIVERABLES The research and planning is expected to produce a submission from the consultant of a -5- comprehensive Heritage Master Plan for the next 10 years. The plan should be concise, to the point, and easily understood by heritage non-professionals. It should include an executive summary. Supplementary materials, schedules, and tables are expected to be contained in the appendices. The Plan should address each of the project goals in respective sections. In addition the following deliverables are expected: A detailed implementation strategy An evaluation plan that allows for easily measured success indicators. The Consultant should also expect to provide a brief interim report outlining progress, issues of concern etc., at the halfway point of the project. The consultant should plan to deliver 1 camera-ready copy of both interim and final reports. 7.0 SCHEDULE This is expected to be an ten (10) month project. The successful consultant should plan on scheduling their work within the following schedule: Distribution of request for proposals (RFP) Closing date for submissions Interviews for "short list" of consultants Approval of selected consultant Submission of interim report Submission of final report 8.0 FUNDING The study will be funded entirely by the City of Niagara Falls. 9.0 REPORTING PROCESS The successful Consultant will report directly to Adele Kon, the Director of Parks, Recreation & Culture. -6- 10.0 SUBMISSION OF PROPOSALS All proposals submitted' must include the following: A detailed work plan of the approach and timing for the completion of the Heritage Master Plan · The name and qualifications of the consultant who will be the lead consultant for this review · A description of the consulting firm and an outline of the qualifications of all other consultants who will be working on this Heritage Master Plan · A list of appropriate references from previously completed operational reviews. · Four copies of the proposals must be submitted with copies of any supporting documentation. At least one proposal must have original signature(s) and be marked "Master". They must be signed by an authorized officer of the firm. Three additional copies must be provided and marked "Duplicate". · Facsimiles will not be considered an acceptable response to the request for proposals. Proposals are to be submitted on letterhead clearly identifying the proponents name, address, and telephone number. 11.0 ACCEPTANCE/REJECTION/MODIFICATION OF PROPOSALS The Corporation of the City of Niagara Falls and the Board reserves the right to accept any proposal or combination of proposals or reject any or all proposals or combination of proposals for reasons that are in the best interest of and for the best value for The Corporation of the City of Niagara Falls and the Board. The lowest total price proposed for the review will not necessarily be accepted. Acceptance will be subject to an evaluation process that will include interviews for a short list of applicants and subject to section 10.0 above. The selected consultant will be required to enter into a written agreement with The Corporation of the city of Niagara Falls for the completion of the Heritage Master Plan. The Consultant will be expected to complete the requirements as described in the terms of reference within the upset limit amount of $100,000 and on time. Proposals must be submitted and received by the due date of Friday, January 31,2003 until 3:00 p.m. at the office of the City Clerk, City Hall, Niagara Falls, 4310 Queen Street, Niagara Falls, Ontario. -7- Questions of clarification can be directed to Adele Kon at 356-7521 ext. 4507 or faxed to 356- 7404. Note: The Corporation of the City of Niagara Falls is not responsible for any oral instruction or directions regarding questions or inquiries for this Proposal. S:LHeritage Issues~Heritage Master Plan\Terms of Reference-DRAFT #2.wpd -8- Corporate Services Department CD-2003-04 The City of Clerk's Division 4310 Queen Street P.O. Box 1023 Niagara Fails, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: Fax: E-mail: (905) 356-7521 (905) 356-7404 diorfida@city.niagarafalls.on.ca Dean Iorflda City Clerk February 17, 2003. His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: CD-2003-04 Special Occasion Permit - Stamford Skating Club RECOMMENDATION: That Council indicate that it has no objection to the issuance of a Special Occasion Permit to the organization listed in this report. BACKGROUND: Correspondence has been submitted by the following organization and have been reviewed and approved by the Parks, Recreation & Culture; Building & Inspections Division; and the Fire Department. Council's concurrence with the Recommendation is requested. Stamford Skating Canada Customs Feb. 20 & 21, 2003 Stamford Memorial Club Hockey Tournament Arena Recommended by: City Clerk Approved by: T. Ravenda Executive Director of Corporate Services Respectfully submitted: John MacDonald Chief Administrative Officer Working Together to Serve Our Community Clerks · Finance · Human Resoumes Information Systems Legal · Planning & Development Corporate Services Department The City of ~J~lt Legal Services · 4310 Queen Street N~agara Falls ~l~ ....... Niagara a,s, O. L2E 6X5 ~ F web site: ~.city.niagarafalls.on.ca Tel.: (905) 356-7521 Fax: (905) 371-2892 E-mail: rkallio~ci~.niagarafalls.on.ca L-2003-15 R, O. Kallio City Solicitor February 17, 2003 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re-' L-2003-15 Establish as a Public Highway Part 1 on Reference Plan 59R-11947 As Part of Corwin Avenue Our File No.: 2003-15 RECOMMENDATION: That a road widening, being Part 1 on Reference Plan 59R-11947 attached as Appendix "A", be established as a public highway, to be known as Corwin Avenue. BACKGROUND: As a condition of Land Division Committee approval, Anna Montemurro conveyed a daylighing triangle to the City. The subject lands are located on the east side of Corwin Avenue and shown hatched on the plan attached. Staffis now recommending that the subject lands be dedicated as a public highway to form part of Corwin Avenue. er~ar~ ed by:/ L~{~ Clerk RayK~a oddby: City Solicitor Approved by: T. Ravenda Executive Director of Corporate Services ~~ministrative Officer Working Together to Serve Our Community Clerks · Finance Human Resources · Information Systems · Legal Planning & Development PLAN OF SURVEY OF PART OF TOWNSHP LOT CITY OF NIAGARA FALLS REGIONAL MUNICiPALiTY OF NIAGARA WILLIAM A. MASCOE lm _ lz L CULP STREET K~rHG X mm Z DJ O_ The City of Niagara Falls, Ontario Council Chambers No. Moved by Alderman February l7, 2003 Seconded by Alderman RESOLVED THAT the Council of the Corporation of the City of Niagara Falls reaffirms the passing of By-law 2003-07, a by-law to provide zoning regulations for the Garner Estates Phase 4 drai~ plan of subdivision. AND The Seal of the Corporation be hereto affixed. DEAN IORFIDA WAYNE THOMSON CITY CLERK MAYOR The City of ' ails, Ontario Council Chambers No. February 17, 2003 Moved by Alderman Seconded by Alderman WHEREAS on December 10, 2001 City Council approved Report MW-2001-172, Millennium Partnership Funding; and WHEREAS the report indicated that three projects were going to be submitted for consideration of SuperBuild funding; and WHEREAS one of the projects submitted was the Construction of a Storm Sewer on Stanley Avenue; and WHEREAS the Stanley Avenue project is in keeping with the Provincial mandate to reduce combined sewers; and WHEREAS the project is estimated at $7.2 million; and WHEREAS the Province, the Region and the City have committed to funding the project; and WHEREAS there is an oppommity for Federal Infrastructure monies for one-third of the cost of the Stanley Avenue project. THEREFORE BE IT RESOLVED that Niagara Falls City Council reaffirms its support of the Stanley Avenue Storm Sewer Project; and FURTHER BE IT RESOLVED that this resolution be forwarded to the Federal Government's Infrastructure Program. AND The Seal of the Corporation be hereto affixed. DEAN IORFIDA WAYNE THOMSON CITY CLERK MAYOR