2003/03/17PLANNING/COUNCIL
MEETING
Monday, March 17, 2003
Order of Business
and Agenda Package
PLANNING MEETING
March 17, 2003
PRAYER: Alderman Judy Orr
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
Brad Ruscitti, a local youth, will be recognized for outstanding citizenship and good
Niac~ara Coalition for Peace
DEPUTATIONS
Ron Boyer of the Niagara Coalition for Peace wishes to introduce his organization
and bring forward an anti-war peace resolution.
Chief Administrative Officer
R-2003-14, Patrick Cummings Memorial Sports
Complex.
ITEM NO. 11
PLANNING MATTERS
Public Meeting
Zoning By-law Amendment Application
AM-02/2003, 6505 Fallsview Blvd.
Proposed Keg Restaurant/Attraction
ITEM NO. 12
ITEM NO. 13
-2-
Background Material:
Recommendation Report: PD-2003-24
- AND -
Correspondence from Pat & Keith Millington
Correspondence from Delcan Corporation
Correspondence from Horseshoe Falls Motor Inn
Correspondence from Rainbow Motor Inn
Correspondence from Regional Niagara, Planning
And Development Department
Public Meeting
Zoning By-law Amendment Application
For a Temporary Use By-law; AM-06/2003
6361 Fallsview Boulevard and lands on the
SW corner of Murray Street & Stanley Avenue
And on the West Side of Allendale Avenue
Applicant: 876891 Ontario Limited
Agents: Peter Smith, Planner & Italia Gilberti, Solicitor
Proposed Extension of Temporary Use By-laws for
Off-site Parking for the Hilton Hotel
Background Material:
Recommendation Report: PD-2003-26
- AND -
Correspondence from Regional Niagara, Planning
And Development Department
Public Meeting
Zoning By-law Amendment Application
AM-04/2003, 4949 Lyon's Creek Parkway
Applicant: Jeff Dennington
Proposed Bed & Breakfast Accommodation
Background Material:
Recommendation Report: PD-2003-27
- AND -
Correspondence from Greg Chisholm
ITEM NO. 14
ITEM NO. 15
-3-
Public Meeting
Zoning By-law Amendment Application
AM-03/2003, 6062 and 6076 Main Street &
6055 and 6047 Ross Street
Applicant: Patterson Funeral Home
Parking for a Funeral Home
Background Material:
Recommendation Report: PD-2003-28
- AND -
Correspondence from Paul Badalian
Correspondence from Gordon & Leona Fowle
Correspondence from Kristine Foster
Public Meeting
Zoning By-law Amendment Application
AM-05/2003, part of Twp. Lot 73, Portage Road
Applicant: Colson & Colson Construction Co.
Agent: Kristin Newland, Curry Brandow, Architects
Proposed Retirement Residence
Background Material: PD-2003-30
- AND -
Correspondence from Regional Niagara, Planning &
Development Department
MISCELLANEOUS PLANNING MATTERS
Chief Administrative Officer
PD-2003-29, Regional Policy Plan Amendment
No. 170, Willoughby Land Use Study, Proposed
Land Use and Conservation Policies.
Chief Administrative Officer
PD-2003-33, Request for Extension to Draft Plan
Approval, West Meadow (Plan 2), 26T-11-9702,
Owner: Wedgewood Builders of Niagara Ltd.
Chief Administrative Officer
PD-2003-34, Request for Removal of part Lot
Control, Block 99 and Portion of former Road
Allowance, Registered Plan 59M-92, Calaguiro
Estates (Phase 2), Applicant: Kybala Ventures
Inc.
ADOPTION OF MINUTES:
-4-
REGULAR COUNCIL
Regular Minutes of March 3, 2003
MAYOR'S REPORTS, ANNOUNCEMENTS, REMARKS
COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
Niagara Catholic District School Board - Re: Construction of a Parking Lot at
L. B. Pearson Park - suggesting the possibility of a partnership between the City,
the Niagara Catholic District School Board and the Ontario Early Years Centre in
developing and sharing the cost of constructing parking facilities at L.B. Pearson
Park.
RECOMMENDATION: Refer to staff.
Office of Councillor Brian McMullan - Re: Reshaping the Council of Regional
Niagara - requesting that during the second phase of the reshaping Regional
Council process, municipalities be surveyed to gauge the viewpoints of their councils
on the following matters: should Mayors continue to be members of Regional
Council; should Regional Councillors be directly elected from Regional wards; should
the election of Regional Councillors be based on representation by population and
should the total number of members of Council be less than 30,
RECOMMENDATION: That a committee of Council be formed to make
recommendations on these matters.
Niagara Falls Downtown Board of Management - Re: Niagara Falls Downtown
Board of Management 2003 Budget and names of individuals to serve as board
members - requesting that Council approve the Niagara Falls Downtown Board of
Management 2003 Budget and to accept the appointment of Carmen Tartaglia and
Sal Di Pietro to serve as board members and replace the positions left vacant on the
Niagara Falls Downtown Board of Management.
RECOMMENDATION: That the Niagara Falls Downtown Board of Management
2003 Budget be approved; and that the appointments of Carmen Tartaglia and
Sal Di Pietro to the Niagara Falls Downtown Board of Management be approved.
The Fresh Air Fund - Re: Proclamation - requesting that Council proclaim March
20th, 2003 as "Fresh Air Fund Day in Niagara Fails".
RECOMMENDATION: That the request be approved.
-5-
Additional Items for Council Consideration:
The City Clerk will advise of any further items for Council consideration.
REPORTS
RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONR
(Alderman Victor Pietrangelo, Chair)
FINANCE DEPARTMENT MATTERS
Chief Administrative Officer
Chief Administrative Officer
Chief Administrative Officer
MISCELLANEOUS MATTERS
Chief Administrative Officer
Chief Administrative Officer
Chief Administrative Officer
Chief Administrative Officer
F-2003-10, Statement of Remuneration.
F-2003-11, Municipal Accounts
CPS-2003-02, Explanation Regarding
Money By-law No. 2003-10.
CD-2003-08, Deputations and Senior Staff
Attendance at Council Meetings.
L-2003-19, Outdoor Opportunities Inc.,
Management of Easement Licences acquired
through railway acquisition.
L-2003-21, Thorold Stone Mall Land Exchange,
6161 Thorold Stone Road.
L-2003-23, Outdoor Opportunities Inc.
Development and Management of Outdoor
Advertising Licences on City-owned lands.
-6-
CONSENT AGENDA
THE CONSENT AGENDA IS A SET OF REPORTS THAT COULD BE APPROVED IN ONE MOTION
OP COUNCIL. THE APPROVAL ENDORSES ALL OF THE RECOMMENDATIONS CONTAINED IN
EACH OF THE REPORTS WITHIN THE SET. THE SINGLE MOTION WILL SAVE TIME.
PRIOR TO THE MOTION BEING TAKEN, AN ALDERMAN MAY REQUEST THAT ONE OR MORE OF THE
REPORTS BE MOVED OUT OF THE CONSENT AGENDA TO BE CONSIDERED SEPARATELY.
Consent Agenda:
1. MW-2003-46 - Orchard Grove West Subdivision CN Rail Sanitary Sewer Pipe Crossing
Agreement Kalar Rd (Mile 27.60 Stamford Subdivision)
2. MW-2003-48 - Tender NP-01-2003 Supply Bituminous Patching Material and Asphalt
Emulsions.
3. MW-2003-49 - Tender NP-02-2003 for the Supply of Ready Mix Concrete.
4. MW-2003-50 - Electronic Mechanism Exchange Guardian Model - J.J. MacKay.
6. FS-2003-04 - Purchase and Installation of New Boat Motors and Related Marine
Operations Equipment.
6. CD-2003-07 - Special Occasion Permit, Niagara South No-Hit Hockey League.
7. L-2003-20 - Release of Site Plan Agreement; 4220 Stanton Avenue.
RATIFICATION OF COMMITTEE-OF-THE-WHOLE MATTERS
BY-LAWS
The City Clerk will advise of any additional by-laws or amendments to the
by-laws listed for Council consideration.
2003-51
To declare surplus Part 5 on Reference Plan 59R-6007, being land owned
by The Corporation of the City of Niagara Falls and to authorize that public
notice be given of the proposed sale.
2003-52
To designate Lots 14, 15, 16, 17, 18 and 19 on registered Plan No. 228 not
to be subject to part lot control. (Re: Oakwood)
-?-
2003-53
To amend By-law No. 2002-081, being a by-law to appoint City employees,
agents and third parties for the enforcement of provincial or municipal by-
laws.
2003-54
To designate certain land not to be subject to part lot control (Re:
Calaguiro)
2003-55
To amend By-law No. 395, 1966, to permit a single family dwelling to be
used as a tourist home. (Re: AM-49/2002, Michael & Nathalie Boyd)
2003-56
To amend By-law No. 79-200, to temporarily relieve a hotel from providing
all of the required parking on the hotel lands and to temporarily permit
another parcel of land to be used for off-site parking. (Re: AM-06/2003,
Allendale Avenue)
2003-57
To amend By-law No. 79-200, to temporarily relieve a hotel from providing
all of the required parking on the hotel lands and to temporarily permit
another parcel of land to be used for off-site parking. (Re: AM-06/2003,
Stanley Avenue)
2003-58 To authorize monies for General Purposes (March 17, 2003)
2003-59
To adopt, ratify and confirm the actions of City Council at its meeting held
on the 17th day of March, 2003.
NEW BUSINESS
Community Services Department
T ..... .~,, Parks, Recreat on & Cu ture
ne c b' eT rl lf 4310 Queen Street
NiogoroFo,slJ a P.O. Box 1023
Conodo Niagara Falls, ON L2E 6X5
web site: www.c~ty,magarafalls,on,ca
Tel,: (905) 356-7521
Fax: (905) 356-7404
E-mail: akon@city.niagarafalls,on.ca
R-2003-14
Adele Ken
Director
March 17, 2003
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re: R-2003-14 - Patrick Cummings Memorial Sports Complex
RECOMMENDATION:
That the community park located adjacent to Chippawa Willoughby Memorial Arena be named after
the late Alderman Pat Cummings.
BACKGROUND:
Council directed staff to prepare a listing of potential park sites that would be appropriate memorials
for the late Alderman Pat Cummings. A number of sites were reviewed with members of his family
and they have indicated that their preferred site is the community park adjacent to the arena.
Members of the family will be in attendance at the Council meeting.
The community park development will eventually provide eight regulation size slo pitch diamonds.
For this year, Council has approved the development of four of the slo pitch diamonds and auxiliary
parking. Staff will include the cost to develop the remaining four lit slo pitch diamonds in the 2004
Capital Construction Budget. The remaining proposed recreational facilities such as: an accessible
play structure, picnic area, skate park, hard-surfaced play space, splash pad and dog park will be
phased in, hopefully over a five-year period.
Director of Parks, Recreation & Culture
_ Respectfully submitted: __
c:n:d
Chief Administrative Officer
AK/das
V:~2003COUNCIL\030317~R-2003-14 Alderman Patrick Cummings Memorial Sports Complex wpd
Working Together to Serve Our Communi02
Municipal Works · Fire Services · Parks, Recreation & Culture · Business Development · Building & By-Law Services
NIAGARA COALITION FOR PEACE - NC4P
The Niagara Coalition for Peace is a group of concerned individuals
and organizations who have united to say "No to War" and to promote
peaceful alternatives to a US attack on Iraq. The NC4P works in
solidarity with American peace groups.
The NC4P and our Member Organizations have hosted several
successful events, including a Candlelight Vigil at St. Catharines City
Hall, buses to Toronto marches, a Teach-In at Brock University,
adoption of an Anti-war Resolution by Welland City Council 03/04/03,
information~!eaflets, Niagara Raging Grannies at Internatio~nal
Women's Day. NEXT: Peace Rally and March S~t. March 15, Clifton
Hill/Niagara Parkway and Rainbow Bridge, Niagara Falls, 11:00 am;
and Sat. March 22, Montebello Park, St. Catharines at 12 noon.
To receive our complete Anti-War Peace Actions events list for
Niagara, Hamilton, TO and US, please email susanhal03(~.yahoo.ca.
For more information, please contact:
NIAGARA COALITION FOR PEACE:
Chair, Steve Kucha trkspk~,sympatico.ca 905-988-1527;
Co-chair, Susan Howard-Azzeh susanhal03~¥ahoo.ca 905-984-6515;
Treasurer, George Addison .qaddison~,brocku.ca 905-688-5550 x3977;
Secretary, Timothy Healey thealey198~aol.ca 905-684-1634
Brock Anti-War League, Lucas Laslo presbrockantiwar~,,yahoo.ca and
brock antiwar~yahoo.com 905-682-2960;
Niagara Educators and Students for Peace, Chris McCann-Aubin
the mcnOb~hotmail.com 905-788-0314;
Niagara Raging Grannies, Eve Darnay mascotl~sympatico.ca 905-937-4340
and Marie Belliveau weemb~sympatico.ca;
Brock Faculty Against War, Chaplain George Addison .qaddison~bmcku.ca
905-688-5550 x3977;
Islamic Society of Niagara Peninsula, Dr. Fuad Sahin afuadsahin(~,yahoo.ca
and Dr. Mohammed Coovadia mcoovadia~,co.qeco.ca;
Citizens Against Racism & Military Aggression, Rolf Gertsenberger,
carina hamilton@hotmail.com 905-387-7434;
CAW Local 199, Eon Boyer reb122~attcanada.ca ~/~]o~ ?..~-I$~.~
McMaster Students to End the (Paiestinian) Occupation, Sina Rahmani
rahmans~,mcmaster.ca
NC4P ANTI-WAR PEACE RESOLUTION
for presentation to NIAGARA CITY COUNCILS.
PREAMBLE: If humans are to survive on this planet we must break the cycle of
violence, and human and economic devastation created by war. War is not the
solution. War is never a path to true peace. The Niagara Coalition for Peace
advocates non-violent peaceful alternatives to war and to the current threat of
war against the Iraqi people. Many Canadian cities, including the City of
Vancouver and the City of Welland, and more than 100 US city councils have
adopted resolutions against a war on Iraq. As the current US and British
administrations preparefor war, we the residents of Niagara region and members
of the Niagara Coalition for Peace join with millions of citizens around the world
to say, ~No to war". The NC4P works in solidarity with American peace groups;
we are anti-war, not anti-American.
WHEREAS: The war against Iraq endangers the Peace and Security, and
Democracy of all Nations, including Canada; and
WHEREAS: The UN Assembly in Resolution A/RES/39/159 demands that all
"states take no actions aimed at military intervention and occupation, forcible
change in or undermining of the socio-political system of states, destabilization
and overthrow of governments and, in particular, initiate no military action to that
end under any pretext whatsoever and cease forthwith any such §ction already in
progress."; and
WHEREAS: The UN Inspection Teams are proving effective by finding and
ordering the destruction of weapons that fall outside of the parameters
established by UN Resolution #1441; and
WHEREAS: The majority of Canadians polled and the vast majority of the
international community oppose war against Iraq; and
WHEREAS: Sanctions have caused the deaths of 1.5 million people in Iraq,
including 750,000 children over the past 12 years; and as there is a need to lift
economic sanctions against the people of Iraq, to end the on-going bombing, and
to increase humanitarian aid and diplomatic support to the Iraqi people;
THEREFORE BE IT RESOLVED THAT: Niagara City Councils call on the
Federal Government of Canada to strongly oppose any US led act of aggression
and/or war towards Iraq and to use every diplomatic measure necessary to
convince the US government to use alternative peaceful measures for conflict
resolution;
AND BE IT FURTHER RESOLVED THAT: Niagara City Councils call on the
Canadian government to fully support the UN Inspection Teams in Iraq, to allow
them sufficient time to complete their mandated mission. NC4P March 7/03.
Corporate Services Department
PD-2003-24
.,agora Fo,slJ
Ccln~~
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
Doug Darbyson
Director
P~OPL~ I~O~R S~$~ IS
March 17, 2003
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re-'
PD-2003-24, Zoning By-law Amendment Application
AM-02/2003, 6505 Fallsview Boulevard
Applicant: Niagara 21" Group Inc.
Agent: Italia Gilberti, Solicitor
Proposed Keg Restaurant/Attraction
RECOMMENDATION:
It is recommended that Council approve the application for a proposed restaurant/attraction at 6505
Fallsview Boulevard conditional upon the following being satisfied prior to the enactment of the
amending zoning by-law:
1)
completion of a Parking Demand Analysis, prepared by a recognized Transportation
Planning Consultant/Engineer, to the satisfaction of the Director of Municipai Works and the
Director of Planning & Development, which demonstrates:
a)
b)
c)
d)
the actual parking requirements for the proposed restaurant/attraction;
the reduction in parking supply that would reasonably be attributable to walk-in
patrons;
the appropriateness of satisfying the remaining parking requirement off-site, in a
parking structure on Durra Street; and
the potential of providing valet parking on an interim basis;
2)
that the amending by-law include provisions for the construction of required parking as
determined above; and
3)
that staffbe directed to investigate the appropriateness and applicability of establishing cash-
in4ieu for the area.
BACKGROUND:
Proposal
Niagara 21st Group Inc., through its solicitor, Italia Gilberti, has requested an amendment to the
Zoning By-law for the land on the west side of Fallsview Boulevard and the land on the north side
Working Together to Serve Our Community
Clerks · Finance Human Resources Information Systems Legal Planning & Development
March 17, 2003 - 2 - PD-2003-24
of Dunn Street, shown as Parcels 1 and 2 on Schedule 1. The applicant proposes to construct a
restaurant/attraction on Parcel 1 which is purported to accommodate the equivalent of 1,500 seats.
The plans submitted illustrate that almost 10,000 sq. fi. of floor area is attributable to attractions.
Approximately 25, 600 sq. fi. of floor area is to be occupied by bars or restaurants. No specific
details regarding the type of attraction, restaurant and bar seating capacities and number of occupants
have been supplied by the applicant although requested by staff. Based on this, staffis unsure as to
the actual parking requirement of the project.
The amendment is requested to either:
exempt the proposed restaurant from having to provide any parking; or
reduce the amount of parking required for the proposed restaurant to a ratio of one space for
every ten seats, whereas the Zoning By-law requires a ratio of one space for every five seats
and allow it to be provided off-site in a proposed parking structure on Parcel 2.
Details are shown on Schedules 2 and 3. Parcel 1 is currently zoned Tour/st Commercial (TC).
Parcel 2 is zoned Parking (P-511,562). Special provisions to 511 and 562 permit the land to be used
to provide required parking for the Marriott Fallsview and Embassy Suites hotels, respectively. A
site specific by-law is requested that would either exempt the proposed restaurant from parking or
reduce the requirement to 1 space/10 seats. Additional site specific provisions are requested to
permit a building height of 15 metres and a lot coverage of 85% on Parcel 1.
Surrounding Land Uses
The surrounding lands are occupied by a variety of tourism uses including the casino, hotels and
restaurants.
Circulation Comments
Municipal Works
Access will be limited to a right-in, right-out
only onto Main Street. Dedication of a 10-foot
road widening along Fallsview Boulevard and a
daylight triangle (14.76 fi. x 14.76 ft.) at the
intersection of Fallsview Boulevard and Dixon
Street.
· Parks, Recreation & Culture
No objections.
Fire Services
No objections. Further comments regarding fire
safety issues will be made during site plan and
building permit review.
Building & By-law Services
No objections. Further comments regarding
Ontario Building Code issues will be made
during site plan and building permit review.
March 17, 2003 - 3 - PD-2003-24
Planning Review:
The following is a summary of staff's assessment of the application:
Land Use
1. The proposed building is in compliance with the Official Plan.
The tourism policies of the Official Plan promote the Fallsview District for large-scale
accommodations, entertainment, retail and attractions. Buildings are to be constructed close
to the street to provide pedestrian-scale uses. The proposed building generally complies with
these policies because:
· The five-storey building height is well within the height strategy for Fallsview.
The restaurant/attraction is built close to the property lines and will provide
pedestrian-scale uses.
The use will add to the mix of tourist commercial uses in the district and will provide
an additional entertainment use in the area.
The applicant has requested to increase the lot coverage from 70% to 85%. The lot
coverage proposed does not appear to allow for any on-site manoeuvring of delivery
or service vehicles. The project architect should provide further details on this,
however, it is likely that these vehicles would have to use Main Street for
manoeuvring. Some reduction in lot coverage may be required.
The application is precedent-setting and a marked departure from the City's planning
program.
The parking policies of the Official Plan state that all developments are to provide adequate
parking to minimize on-street parking and encourage the free flow o ftraffic. The Zoning By-
law further requires on-site parking and sets standards for individual uses. This is a
fimdamental premise for any development in the City: that a development is to provide
sufficient parking on-site for its needs.
To exempt or reduce parking standards, the responsibility of providing parking shifts
from the private sector to the municipality. The precedent-setting nature of the
application will, if approved, result in future applications for parking exemptions or
reductions. The municipality will then have to undertake the development and
operation of parking lots in order to respond to the demand, in the long-term.
The applicant claims that 300 parking spaces will be required for this development.
This equates to the parking requirement for a 600-room hotel. The Official Plan
states that large-scale tourist commercial developments should have appropriately
designed and scaled parking structures. These structures should be provided on-site.
March 17, 2003 - 4 - PD-2003-24
Council has deviated from the requirement of providing parking in only three areas:
exemptions exist in the Downtown, Victoria Avenue and Main and Ferry areas. The
Fallsview area does not have the "built-up" nature of downtown, Victoria Avenue or
Main & Ferry, the older areas that are traditionally exempt from parking due to the
development having occurred prior to the establishment of parking regulations.
Exemption from parking is provided in these areas in order to stimulate
revitalization.
The City's tourism consultants, The IBI Group, has provided information on the
request to reduce parking (see attached letter dated March 10, 2003). Such requests
are to be supported by a Parking Demand Analysis. This study is to justify a
reduction in parking based on special site characteristics, for example: levels of
transit service, off-peak demands, shared parking, bus tours, walk-in-traffic, etc. The
transportation engineer will have to certify that any reduction will not result in off-
site overflow parking onto adjacent properties or streets or into unaffiliated areas.
The applicant has submitted a letter from Delcan Engineering which does not provide
justification for the application. The letter states that site access should only be from
Main Street and not from Fallsview Boulevard which is in agreement with comments
from Municipal Works. The consultant has also stated that it is reasonable to assume
that the restaurant will benefit by walk-by traffic which should lessen vehicular
traffic demand. However, no detailed parking demand analysis has been provided.
Off-site parking has only been considered for hotels. This has been done only
recently and site specifically. Hotel patronage is fundamentally different, however,
than restaurants in that the duration of stay is longer. As noted above, serious traffic
concerns are anticipated.
The applicant's intentions should be clarified as to whether the Dunn Street lands are
actually intended for the construction of a parking structure.
3. Further details are required as to the actual occupancy of the development.
As noted above, the plans submitted for the application do not accurately describe the type
of attraction, its occupant load and the seating capacities of the bars and restaurants.
Therefore, the 1,500 seat capacity and 300 parking space requirements cannot be verified.
Planning staff has reviewed the plans and due to their ambiguity cannot determine the
parking requirement. Because of this, it is incumbent on the developer to undertake the
Parking Demand Analysis in order to clarify the occupant load and resulting parking demand.
People Mover Study
The proposal is not within the intent and of the purpose of the Official Plan policies for
parking and the People Mover parking strategy.
The Official Plan contains policies respecting parking. These policies, which originated in
the Tourist Area Development Strategy (TADS), envisage an "integrated visitor circulation
system" whereby public parking lots are distributed throughout the tourist core in support of
March
17, 2003 - 5 - PD-2003-24
a people mover system and in walking distance to at'tractions. The people mover, under this
system, would be a fundamental piece of transportation infi'astmcture. The planning for this
system must consider all aspects of parking and transportation in the tourist area to make the
people mover economical and viable. To this end, the City has recently contracted the IBI
Group to prepare a parking strategy for the tour/st area in order to validate the economics of
the people mover project. An overview ofthe People Mover Project Parking Study is set out
in the attached memorandum dated March 6, 2003 from Ed Lustig.
Given that City Council gave their endorsation to prepare the study and that the Steering
Committee has approved in principle the "Preliminary Parking Strategy", the IBI Group was
requested to assess the proposed Keg application vis-a-vis their recommended parking
strategies (see attached letter from the IBI Group dated February 24, 2003).
The following is a summary of lBI's assessment of the proposed application.
The IBI Group has determined that the proposal is not acceptable as it is contrary to
the parking objectives for the People Mover system. The consultant found that an
exemption or reduction should not be considered as the restaurant/attraction is
significantly larger than contemplated for exemptions or reductions, the area is not
currently intensively developed and that there is an anticipated parking shortfall for
this area.
Off-site parking for developments of this type is not recommended. Traffic impacts
of off-site parking are greater than on-site as patrons will circulate more, resulting in
further traffic congestion, since they will be unaware of the off-site parking lot.
Cash-in-lieu of parking, together with a reduction in the parking standard, would be
within the aim of the parking strategy. However, taking cash-in-lieu at this time,
without providing the parking facilities, would lead to increases in traffic circulation
and congestion.
Cash-in-lieu Considerations
Both the Director of the People Mover Project and the IBI consulting group have identified
that a cash-in-lieu contribution from this applicant may be a preferred option to the relief
fi'om parking requirements currently being requested. The City allows developers to provide
cash-in-lieu of required parking in the Downtown core, Main and Ferry and the Victoria
Avenue area where the public parking lots are provided. The onus of providing parking is
shared between the City and developer where the developer contributes 50% of the cost of
acquiring lands for public parking purposes.
The Fallsview area is not a cash-in-lieu area at the present time. The City would need to
consider the establishment of a public parking lot in this area to accommodate the Keg
application and others like it. This option should be fully explored by staff as a supportive
strategy to the People Mover project.
March 17, 2003 - 6 - PD-2003-24
CONCLUSION:
In conclusion, staffis recommending approval of the application, subject to the conditions noted in
the recommendation. The application is a significant departure from the City's planning program
as set out in the Official Plan and Zoning By4aw. If approved, the nature of the amendment will be
precedent setting and result in other similar proposals.
Completion of the Parking Demand Analysis is fundamental to the preparation of the amending by-
law as this will determine the actual number of parking spaces needed, the viability of off-site
parking and valet parking and will certify that no overflow parking will result in local streets or
properties or nearby unaffiliated areas being adversely impacted.
Cash-in-lieu may be appropriate for this area but requires further study and the development of a
strategy.
Prepared by:
John Bamsley
Planner 2
Recommended by:
Director of Planning & Development
John MacDonald
Chief Administrative Officer
f~je d by:
T. Ravenda
Executive Director of Corporate Services
JB:gd
Attach.
SAPDR~2003hnD2003-24, AM-02-03 6505 Fallsview Blvd., Niagara 21st Group.wpd
February 24, 2003
Doug Darbyson, Director
City of Niagara Fails
4310 Queen Street
P.O. Box 1023
Niagara Fails, Ontario
L2E 6X5
Dear Mr. Darbyson:
AM.02/2003, Zoning By-law Amendment Application 6505 Fallsview Blvd
and Land on the N/S of Dunn Street
This letter is in response to your correspondence of January 31, 2003 regarding the above-noted Zoning By-
law amendment application. As requested, we have reviewed the specifics of the application, and have
assessed the application's merit ralative to the parking objectives of the People Mover project. It is our
opinion that the application to exempt this development from parking, or alternatively, to provide a reduced
number of spaces off-site, would not be supportive of the objectives of the People Mover System.
The following points are pertinent to the review:
Based on the proposed restaurant end attraction development size, there is a parking requirement
for 300 vehicJes.
The applicant wants to be exempt from the zoning requirement for parking. Alternatively, the
applicant wishes to provide a reduced number of spaces off-site. The applicant argues that the
proximity of the restaurant to the adjacent hotels makes the parking requirement redundant.
The City's current position is that on-site parking is required for all proposed uses. The City has
allowed off-site parking in the past, subject to a site-by-site review.
Analysis
We have reviewed the proposed amendment and compared the proposal against the three potentially
relevant strategies from our Draft Parking Strategies Report. The potentially relevant strategies are listed
here, with our interpretation of their applicability in this instance.
Strategy 1 - Focus new parking supply in areas that will generate People Mover ddership (Page46)
Overall, our Demand Forecast anticipates a parking shortfall for the Fallsview Area in the 10-year time
frame. It is the intent of the City to address this shortfall through the provision of the People Mover system,
rather than through the provision of additional parking within this area. The People Mover system will carry
patrons from proposed parking supplies at the north and south end of the primary tourist area. Accordingly,
230 Richmond Street West, 5th Floor, Toronto, Ontario, Canada M5V 1 V6 (416) 596-1930, FAX (4'16) 596-0644
Mr. D. Darbyson - 2 -
February 24, 2003
IBI Group's recommendations have been to limit the development of new private parking supply provided in
the Fallsview area.
The intent was to:
· Reduce the amount vehicle circulation in this area.
The Fallsview area is, and will increasingly become a large tourism draw. While we concede
that vehicular access for over-night hotel parking will always be required, day-trips to the area
would ideally be accommodated by the People Mover system. It is, therefore, desirable to
reduce the number of trips in this area by limiting local private pad(lng supply, thereby making
the People Mover an attractive altemative for accessing the Fallsview area. Reducing the
amount of available parking without providing an alternative mode of access will lead to
additional traffic circulation (in search of available parking).
In the short-term, reduce the amount of private parking competition for the Niagara Parks
Commission parking lot at Table Rock.
Private parking supplies (hotel or otherwise) in close proximity to the top of Murray Hill Road
represent competition for Table Rock parking lot. The NPC has stated its concerns regarding
the potential loss of revenues to such parking supplies. The proposed alternate site is located
in an area that would provide convenient access to Queen Victoria Park (contrary to the NPC's
stated objectives).
Strategy 2 - Restrict off-site patron parking arrangements (Page 48)
The intent of this strategy was to limit the proliferation of unlicensed lots in the City's pdmary tourism area.
The use of off-site lots increases the amount of traffic circulating in the area, and represents undesirable
competition for the proposed People Mover lots. Ideally, all development-related parking would be
accommodated on-site, or in the People Mover lots.
In IBI Group's opinion, off-site valet parking in the Fallsview area should be strongly discouraged. All
indications are that the street network in this area will be at, or near capacity upon build-out. It is important
to reduce the amount of vehicle circulation in this area to the greatest extent possible. Valet parking results
in multiple trips to park a single vehicle. This increases the amount of vehicles circulating in the area,
thereby contributing to traffic congestion.
While it is assumed that the proposed off-site parking is not valet parking, generally, traffic impacts of off-
site parking facilities are greater than on-site facilities. Because patrons may not be aware of the alternate
parking site, additional traffic cimulation is usually required to locate convenient (or associated off-site)
parking.
Strategy 6 - Provide Zoning By-law exemptions where there are supporting/and uses (Page 52)
The intent of this strategy was to provide relief for small developments in well-established commercial
areas. It would only be considered in areas where the developer could demonstrate that there was an
existing, stable, localized parking surplus that could act as a 'pool' for the surrounding businesses. This
strategy is not relevant to the application in-hand because:
the proposed development is significantly larger than that contemplated in the strategy (i.e.
small scale restaurants);
Mr. D. Darbyson - 3 -
February 24, 2003
· the area is not currently intensively developed;
· there is an anticipated parking shortfall for this area.
Notwithstanding the above, there does seem to be some medt in the applicant's claim that there would be
significant walk-in business from the adjacent hotels. However, given the strong brand-recognition of 'The
Keg', the impact of this claim may be diminished as Niagara Falls residents will also choose to dine at this
location.
Overall Assessment
Off-site Parking
Parking
Exemptions
Cash-in-lieu
Contributions
This would be undesirable for the reasons outlined under 'Strategy 1' above. The
proposal for off-site parking would be contrary to the parking objectives for the
People Mover System.
Based on our current understanding of the City's desired directions, a parking
exemption would not be desirable relative to allowing a contribution of cash-in-lieu
of parking supplies.
Allowing a reduced supply for developments through a cash-in-lieu contribution
would be in keeping with our strategies that aim to limit the private parking supply
in the Fallsview area.
However, our strategies did not contemplate exemptions (or cash-in-lieu
contributions) of this scale. The applicant has provided anecdotal information
regarding the anticipated origins of the restaurant patrons. Not all patrons will
originate in the adjacent hotels, in the absence of the People Mover system, these
patrons will have to find parking either on-street, or in the surrounding
neighbourhood. The related impacts of this parking demand are unknown. Our
report suggested that individual applicant's be responsible for demonstrating that
there is sufficient alternative parking in place to alleviate the need for on-site
parking.
In this instance, our Demand Forecast suggests that in the ten-year horizon, there
will be a parking shortfall in this area. Some patrons originating outside the
Fallsview area will have to either drive into the area or take public transit. Those
ddving may find it difficult to find parking, thereby contributing to the circulating
traffic and anticipated congestion.
We considered the use of cash-in-lieu funds to preovide an interim-use public
parking facility. Nearby public lots are not present in the Fallsview Area; therefore,
the City would be required to purchase property to provide a temporary public lot.
Given recent land transactions, it was deemed highly improbable that the City
would have the financial means to buy property to provide these public parking
areas.
Taking cash-in-lieu of parking, without providing the corresponding supply, would
again lead to increases in circulation as patrons search for available parking. We
expect that this problem would continue until such time as the People Mover
System becomes available for area access.
Therefore, it is [BI Group's opinion that the parking provisions sought by the applicant are premature with
respect to their conformance with the Preliminary People Mover Parking Strategies.
Mr. D. Darbyson -4 -
February 24, 2003
I trust these comments adequately address the People Mover Parking Strategy considerations for this
application. Should you have any questions regarding this correspondence, please contact me at the
telephone number provided above.
Youm tmly,
IBI GROUP
Gregg Loane, P.Eng.
IBI Group Project Manager- People Mover Parking Strategy Project
Director People Mover Project
Director Fire Services
TO:
D. Darbyson
Director of Planning & Development
FROM:
E. P. Lustig
Director People Movei- Project &
Director Fire Services, Ext. 4203
RE: IBI Response to Keg P, ezoning
Inter-Department Memorandum
DATE: March 6, 2003
RECEIVED
PLANNING
& DEVELOPMENT
This memo is in response to yom memo to me of March 3rd regarding the above noted subject.
As you are aware, City Council at its meeting of July 15, 2002 adopted Report PMP-2002-01 to
engage consultants for the People Mover Project Parking Strategy Study. The background to ~his
Council report made note of the fact that "...in order to move the People Mover Project forward so
that the private sector could be engaged to become involved financially, it was important to undertake
this study. This study would provide necessary data to validate the economics o f the PreJ ect s° that
it could be bid on or undertaken by invastors, mrith sufficient certainty as to the size and scope of the
Project".
The Terms of Reference for this study were attached to the report approved by Council. I have
attached hereto and highlighted extracts from the Terms of Reference that provide some of the
background and context that you have requested.
As you know, IBI was the successful consultant/bidder in response to the above noted Terms of
RefdrencdRequest for Proposals. The City entered into an agreement with 113I dated August 19,
2002 to undertake the Parking Study with the entire funding therefor provided by FMC. Pursuant
to the agreement, 1131has worked with the Steering Committee, a Technical Advisory Committee,
and City, NPC and OLGC/FMC Staffto develop the study. The Steering Committee includes Mayor
Thomson, Chairman Brian Merrett, JohnMaeDonald, John Kemahan, Brian Wood and ][ngrid Peters
(of OLGC), Jim Dougan (of FMC) and the writer. The City, NPC and OLGC are, of course, the
owners of the lands upon which the People Mover will be located and are in the process of finalizing
the development ofa RFQ/RFP for the private sector to bid in a transparent process for the right to
design,build, finance, operate and maintain the system upon terms acceptable to the City, NPC and
OLGC.
1131 have consulted with various members of City Staffincluding you, Mr. Herlovitch, Mr. Duj lovb
and Mr. Dren who have attended meetings of the Steering Committee and have dealt directly with
[BI. Recently, you requested IBI to provide you with its assessment of the implications of the
Parking Strategy on current development applications, such as the one referenced above. This
-2-
process arose fi-om the suggestion made by John Kemahan of the Niagara Parks Cmurnission - given
the importance of the parking strategy to the Project and possible implications of the study on current
development applications. ..
To date, in accordance with the Terms of Reference for the study, tBI have provided the Steering
Committee, and City, OLGC and NPC Staffwith the preliminarymports on "Demand Forecasting"
(which included data collection and analysis, findings of demand forecasting and related analysis, and
identification of the issues/concerns and potential impacts) and a "Preliminary Parking Strategy".
At the Steering Conmaittcc Meeting on January 16, 2003 the Committee approved, in principle, the
Preliminary Parking Strategy including strategies that are referred to in the 113I letter to you
regarding the above noted rezoning.
As you know, IBI is presently working on feasibility assessment and financial implications in order
to conclude its work with a finalized Parking Policy Strategy. Everyttting of course is subject to
ultimate approval by the Council and its Conunittees. IBI anticipates that the Study will come
forward to the public (including private stakeholdem) and the Council in April.
In my role as Project Director for the People Mover Project I am responsible to try to move this
Project ahead. Obviously, I am supportive ofdevelopingaparking strategy that supports thePeople
Mover Project since parking is the key to the success of the People Mover Project in terms of
promoting, encouraging and maintaining ridership. In turn the People Mover Proj eot is a fundamental
piece of transportation infrastructure that is required for tourism to grow and develop in the future
for the benefit of the City and the travelling public.
Your memo to me of March 3rd principally requested that I provide some background and context
to the IBI Parking Studyvis a vis the Peopl~'Mover Project. I have not actually seen, reviewed or
assessed the re'zoning application and leave it to you and your Staffand 113I to do that (as Mr. Loane
has capably done in his letter of February 24th). I have, however, on several occasions spoken with
the proponents of the rezoning (the Menechellas) about the People Mover Project. I have a very high
regard for the Menechellas from both a pemonal and from a professional point of view and know
they are supportive of the People Mover Project and understand its economics and its reliance on a
rational parking strategy, as referred to in the previous paragraph. It occurs to me that if Council is
inclfned to support this development without the provision of parking on site, it would be far more
desirable to provide an exemption fi:om parking together with cash-in-lieu rather than allowing the
creation of additional private off-site parking spaces in this area that are neither supportive of the
People Mover Project nor ideally located..
I trust this information will be helpful to you in assessing this application for City Council.
EPL:fs
arts.
IBI
/ GROUP
iMarch 10, 2003
Doug Darbyson
Director Plarming and Development
Corporation of the City of Niagara Falls
4310 Queen Street
Niagara Fails Ontario
L2E 6X5
Dear Mr. Darbyson:
Reduced Parking Demand Analysis
~urther to our recent oonversation.
It ia recommended that the City in the first instance normally obtain the provision of its required parking
as set out under Zoning By-law 79-200 when rev/ewnig an application for development. The standards of
the zoning by-law represent the current assumptions m~d standards of the City for required parking for a
number of uses,
When there is an application for a site-specific reduced level of parldng, the onus is on the lxoponent to
ftemonstrate that the reduced parking standard is appropriate for the proposed development taking into
~ccount othe~ mit/gating factors, The terms ofreferenea for a reduced parking demand analysis should be
set out by the City as part of its transportation planning review for the application, Depending on the
nature of the use under cousideration, the parking demand analysis normally needs to justify the analysis
periods chosen for peak parking demands based upon the use. It would identify special site characteristics
that lend themselves to reduced parldng, such as levels of transit service, off-peak d~uands, shared
parking, bus tours, walk~in users, etc.
The study should detomline what the site specific parking demands will be based on the development
proposed:
Palron and visitor parldng
Management or administrative staffparking
· Employee parking including implications of shift work
Special events parking
RECEIVED
230 ~chmml¢l Street West, 5th Floor, Toronto, Ontario, Canada MraV 1V6 (416) 596-1930, FAX (416) 596-0644
~ Doug Darbyson
Director Planning and Development
-2-
March 10, 2003
Bus parking facilities
· otc
It would consider comparable developments within the area, or in a similar area, where it can be
demonstrated tha~ a reduced level of parking has been appropriate and operational. The choice of
comparables is mat~er that the Consultant will need to justify as part of the report,
The objective is to avoid off-site overflow parlfing on the streets or in unaffiliated areas. The study will
need to address the implicatious of overflow parking should this coeur, What is the level of disruption to
the surrounding area if the reduced estimates are exceeded at particular peak periods and where would the
overflow probably go?
The pa-ricing demand analysis normally should address the projected number of employees, visitors or
residen~ aa appropriate who will use the proposed development. Situational characteristics such as a high
turnover of visitor parking, seasonal adjustments, and opport'anities to address overflow parking at peak
periods, are aisc considerations that the Transportation Planning consultant could consider. When
appropriate, the proponent will put fo~avard a Transportation Demand Managemant Strategy to reduce the
demand on parking- such as corporate programs for cm-pooling, corporate shuffle service, flex/ble work
hours/week, ere,
The study should have regard to the basic assumptions that underlay the cun-ent zoning standards and
address the extent to ~vhich relief f~om the parking standard is requested and justified. ~l~e terms of
reference for any study will vary as to location and characteristics of the particular development and
~hould be prepared to the satisfaction of you and the Commissioner of Municipal Works.
As a general condition of development approval, the City cotfld require:
That prior to the enactment of the zoning by-law amendment, the applicant can'y out a Parking Demand
Analysis prepared by a recognized Transportation Planning Consultant/Engineer, satisfactm3! to the
Corma~issioner of Municipal Works and the Director of ?lannmg and Development~ which demonstrates
that the reduced parking is appropriate and certifies that it will not result in overflow parking which is
disruptive to floe local streets or to ne~xrby unaffiliated areas.
Yours truly,
Rob Dolmu MCIP RPP Associate
SCHEDULE 1
LOCATION MAP
Subject Property
Location:
Amending Zoning By-law No. 79-200
Parcel 1: 6505 Fallsview Boulevard.
Parcel 2: Lands North side of Dunn Street.
AM-02/2003
Applicant: Niagara 21st Group
:NTS
SCHEDULE 2
qnN3^¥
o
[r_.'i'
! ~I~I :I:I
SCHEDULE 3
II
I
'03/10/03
March 10, 2003
Niagara 21't Group Inc,
5950 Victoria Avenue
Niagara Falls, Ontario
L2G 3L7
Attention:
Mr. Carmen Menechella
Chief Operating Officer
Dear Mr. Menechella;
RECEIVED
IAR 2003.
PLANNING
& D E__~V EE.E_LO P M E N T
Re: Traffic Review for ProPosed KEG Restaurant Development,
Southwest corner of Dixon. Street and Falisvlew Boulevard, Niagara Falls Ontario
This letter, has been prepared in response to your request for a [~ai'i~c opinion on the traffic
impact of eliminating driveway access on Fallsview E~ulevard and Dixon Street for the
proposed property.
Based 6n'the 201 i PM Peak Hour traffi(3 forecasts Faltsview Boulevard will operate saUsfacl0~ily
under the proposed roadway geometrics and traffic control m~liflcati~ns proposed in both the
Casino Roads and. Main Street Closure Environmental Assessment studies. These traffic-
forecasts incorporated the demands from proposed area developments/redevelopments along
with a background growth fectbr to account for other increases in traffic end circulation within
the area.
The proposed Keg development is Io~ated in the southwest west comer of the Fallsview
Boulevard and Dixon Street Intersection. The east leg of this intersection is the main entrance
for the New Casin~,'s Parking structure. Given alternative 6 for the Stanley Avenue and Main
Street intersection, traffic wishing, to access the Casino parking structure wiil be approaching
either from the north or south along Fallsview Boulevard. In general, any accesses that can be
eliminated along Fallsview B(~uleva~'d would improve the roadway traffic operation. Specifically,
DEI.CAN CORPORATION
03/10/03 ~ON 15:12 FAX
DELCAN
Mr. carmen Menechella
Mar~h 10, 2003
Paile2 :' ·
given the proximity' that a Fallsview Boulevard access for .this pmpe~y WOuld have .to Dixon
Street, its elimination wou!d remove confl!cts with turning end through traffic'i along Fallsview
Boulevard, and'in the Dixon 'Street Intamection_ This reduction In.confliqts would result in
improved traffic flow and safety,
Having a service access for the.proposed Keg site off of Main Sireet is.in accordance with the
proposed use of Main street as. a direct link from the Regional Road 'SyStem.to the. New
Casino's service and .bus area.' However, having a major access point at this location would
not be .desirable given its 'close. p ,r?ximity to the stanley Avenue/Dixon Street/Ma. In Street
intersection and the prolSOS~d intersection geometsy.'
Given the. location and .nature .'of. this development it is reasonable to assume that. a
considerable number of IrilSS will be Captured from the adjacent area.'. Sl:~-,cifically, from the
large number of.tourists sfa~'ing in the adjaCent hotels or visiting, lhe New Casino. TheSe trips
will be predominately walking trips and hotel shuttles to area attractions. This is a reasonable
statement, given the fact. that FaJls~!ew..BOuleyard Is t~he connecting pedestrian link to the
Niagara Parks Via 'Murray Street al~d to the New Casin~. Therefore; based on the above
discussion; lhe vehicul~P traffic demand, for this type of development should be.considerably
less given its' location.
In summa~',.mstricting driveway access.along Fallsyiew. BOulevard will reduce the number of
vehicular, and.pedestrian conflicts points, as Well as conflic~ between through traffic and'tumihg
tmff'm~at the driveway, ·,
We trustIhat'these'comments address the issue of access, If. you should have any qsuestions
or comments please de not.hesitate m coata~ the undi~rsigned.
Yours tm!y,
Delcan. Corporation.
03/13/03 THU 18:01 FAX ~002
Mamh13,2003
Bmderick & Partners
4625 Ontario Avenue
P.O. Box 897
Niagara Falls, Ontario
L2E 6V6
Attention: Italia M. Gilbertl
Dear Mrs Gilberti;
Re: Traffic Review for Proposed KEG Restaurant Development;
Southwest corner of Dixon Street and Fallsvlew Boulevard, Niagara Falls Ontario
This letter has been prepared in response to your request to provide Clarification to the term
'access" that was utilized in our letter of March 10, 2003. On page one, paragraph three it
states, 'In general, any accesses that can be eliminated along Fallsview Boulevard would
improve the roadway traffic operation". This reference refers to the elimination of driveways-
.that would provide access to.properties for the purposes of parking, customer pickup/drop off
and/or deliveries. The elimination ef driveway turning traffic and the reduction in the tOtal
number of driveways in'the corridor would result in improved overall roadway operation and
safety.
' We trust that these comments clarify the issue of access. Should have any questions or
comments please do not hesitate to contact the undersigned.
Yours truly,
Delcan Corporation
I~ic'~ Palomba, P. Eng
MY
TEL:
www.ho~e~hoefidl~motofinn,com
HELLAS ENTERPRISES LTD
old HORSESHOE FALLS MOTOR INN
COUSIN ¥INNY'S * COUNTRY CHALET
~481 DUNN STREET
NIAGARA FALLS ON L2G 2N6
(905) 358-9353 FAX: (905).3S6-7295
horaeiho~malLcanlnet.com
I
March 6, 2003
~: Oooosition to Pro~osal for Dum~ixon uroieot AM-02/2003
We oppol~ lhe above noted project on the following basis:
Ex/sting problem with parking already in this ~tea
Added traffic looking for parking into this location will cause congestion & confusion
because the casino-parking exit is fight where this property is loca~L
The byqaw states that a restaurant requires 1 space for every 5 seats but they are asking
for a reduction to I space for ev~ 10 seats. This reduction is usually given to
restaurants that are enclosed within another establishment where parking is already
established; this is a freestanding building
They state that they will not be adding additional traffic to this location because the
clientele will be patrons of their other businesses end persons walking m the area but the
they have also asked for off-site parking??????
Zoning by-law doesn't permit off-site parking for establishments other than hotels. In the
case of off-site parking, the resource document states it cannot be more than 300 meters
from the site bm they have made arrangements with a lot that is over 500 meters away.
They will argue that they will be able to use casino parking that is located fight across the
street. This parking is private and to be used for the casino. On any night that the casino
is holding any ~pe of event, there will be no excess parking spaces to be used by anyone.
Based on past experience, our restaurant was expanded 1300 square feet but construction
was delayed to ensure that we met the parking requirement.
'H-~ loading dock would be located fight on Main Street, which is the primary exit for
casino patrons. The large delivery trucks would have to park on the one-lane sueet
blocking all traffic flow.
In the by-law 79-200 there are no landscaping provisions as long as there is on-site parking and
maneuvering. As indicated above, they are looking for exemptions from the original by-law on
all aspects of on-site parking.
Sincerely,
Rick Dritsacos
RAINBGW MOTOR INN
Phone (905)358-P:~54
Fax (905) 358-7374
5581 MURRAy ST,
NIACJAI~. FALLS, ONT, L26216
CANADA
March 13, 2003
City of Niagara Falls
pl~.,~i.g Department
Arm: Doug Darb.vson
Dear Mr. Da~ by.n:
Re: Re-Zonin~ Application # AM-02/2003 (Profm_ ~d KEG Re~O~ur~nt)
We arc the o~ners of two businesses -Rainbow Motor Inn, and Niagara Freefall & Interactive Center - located in
clos~ proximity to the above refcrance, d applicatioa. Wh/l~ ~ arc not in oppasifion to the d~vclopment of thc
above propan y, we are vlamentiy opposed to thc request~ cousid~ado~ outlined in thc apptication,
In both of om developments' ~cent re-zoaing applications, council and its plan.lng dept expressed great concern
over our edherLqg to the TADS study g~/del/nea and Lq us providing the required parking as stipulated Lq your
parking By-l~w. Council, in fac/, r~jected one of oux apph~alions on this b~is. It is abundantly clear what thc
parking ramificafirats wiU bo, incMdLqg thc p~sidence being set for permitting no parking requirements, or, for
reducing thc t~arking requLq~aents to off-site only at 1 spot for 10 seats for a 1500 seat r~taurant.
Should the above applicatioa bo passed we will request to have the same considerations be attached to both of our
developmentS' site-plansI~ia,;tlinguSto fully develop our properties to 100 %capacity. We will fro'fleer request
compemsaiion for OMB expenses previously incurred by 1LaLqbow Motor Inn.
We trest that the Planning Dept. and City Council will ~_~i-!~;u a fair and level playing field in its consideration
of this appli~Mon. Thank you your valued time.
March 13, 2003
PLANNING AND DEVELOPMENT DEPARTMENT
The Regional Municipality of Niagara
3550 Schmon Parkway, P.O. Box 1042
Thorold, Ontario L2V 4T7 Planning
Telephone: (g05) 984-3630 ~ Scan.ed I '
E-mail: plan@regional.niagara.on.ca
Doug Darbyson, MCIP, RPP
Director of Planning and Developm?nt
City of Niagara Falls
4310 Queen Street
Niagara Falls, ON L2E 6X5
Dear Mr. Darbyson:
File: D.IO.M11.23
Feuillet~ d.e transmission par t~l~copieur
Post.it Fax Note 7sT~B
RE:
Zoning By-law Amendment Applicauon
West Side of Fallsview Boulevard and North Side of Dut~n Street
Niagara 21'* Group Inc.
City of Niagara Falls
Your File: AM-02/2003
This application proposes to amend the City's Zoning By-law to change certain zoning
provision, s to allow a proposed restaurant to be constructed at the southwest comer of Fallsview
Avenue and Dixon Street. The requested site specific provisions include a proposed building
height of 15 metres, lot coverage of 85% and either a parking exemption or a reduction of the
required parking to 1 space/10 seats. If a reduction in parking is acceptable, it is intended to be
provided at an off-site location on the north side of Dunn Street. This alternative parking site
also provides parking for two hotels in the vicinity, namely the Marriott Fallsview and Embassy
Suites.
These lands are within the Niagara Falls Urban Area Boundary according to the Regional Policy
Plan and designated Tourist Commercial in the City's Official Plan, The City should carefully
consider the implications of reducing or eliminating parking requirements for development in the
Fallsview tourist district, Providing adequate parking for both visitors and employees is an
important part of the tourism infrastructure needed to sustain the ~ubstantial growth that is
occurring, In this regard, the City should be confident that the proposed zoning amendment will
not have a negative impact on long term parking needs in the area.
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 Plannin9 Se/vices
C: Councillor Bill Smeaton
M:~MSWO R D\P C\N Fzbla\Falf~v/ew Dunn.doc
Corporate Services Department
T..... ~A , Planning & Development
ne (,.;Ify o! ~'J'~l~ 4310 Queen Street
Niagara Falls lJ~l~ P.O. Box 1023
Canada ~~ Niagara Falls, ON L2E 6X5
~~11~!~~ web site: www.city.niagarafalls.on.ca
Tel.: (905) 356-7521
Fax: (905) 356-2354
E-mail: planning@city.niagarafalls.on.ca
PD-2003-26
Doug Darbyson
Director
March 17,2003
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re:
PD-2003-26, Zoning By-law Amendment Application
for a Temporary Use By-law
AM-06/2003, 6361 Fallsview Boulevard, and lands on
the SW Corner of Murray Street and Stanley Avenue
and on the West Side of Allendale Avenue
Applicant: 876891 Ontario Limited
Agents: Peter Smith, Planner and Italia Gilberti, Solicitor
Proposed Extension of Temporary Use By-laws for
Off-Site Parking for the Hilton Hotel
RECOMMENDATION:
It is recommended that Council approve the requested temporary use by-law for 6361 Fallsview
Boulevard and related off-site lands in order to permit off-site parking for the Hilton Hotel, on an
· . . o~/&'dl . .
~ntenm basis for ~e~, con&t~onal on the site plan agreement matters being addressed by the
applicant forthwith. - ~ aa~:r co~mcr~ ~ PROt/ID~D milt 'm~ ORIGINAL SlIE PLAN AGP,~ffiI~ ~ ~
BACKGROUND:
In 2000, Council passed two temporary use by-laws to permit a portion of the required parking for
the Hilton Hotel (Parcel 1) to be provided on Parcel 2, on the southwest comer of Murray Street and
Stanley Avenue and Parcel 3 on the west side of Allendale Avenue, as shown on Schedule 1. The
temporary use by-law for Parcel 2 was extended last year, for one year. Both temporary use by-laws
expire in April 2003. The applicant is requesting Council to extend the temporary use by-laws for
a further three years in order to permit a portion of the required parking for the Hilton Hotel to be
provided on Parcels 2 and 3. Details of the off-site parking lots are shown on Schedules 2 and 3.
Council may recall that there were a number of outstanding issues related to this development as
previously reported by staff in April 2002. Staff further reported in November that the applicant had
resolved some of the issues and was working toward resolution of others. At present there are
essentially four issues requiring resolution.
Working Together to Serve Our Community
Clerks Finance · Human Resources Information Systems Legal Planning & Development
March 17, 2003 - 2 - PD-2003-26
1. Dedication of road widenings.
The applicant has yet to dedicate the required road widenings along Fallsview Boulevard and
the daylight triangle at Fallsview and Murray Street. Legal Services has advised that the
dedications cannot be finalized due to a cloud of legal documentation on title. The
applicant's solicitor and Legal Services are working closely together to clean up the
documentation so that the dedications can take place.
2. Registration of the site plan agreement.
The site plan agreement cannot be registered due to the cloud of documentation on title noted
above. Once this is cleared, and all mortgages postponed, the agreement can then be
registered.
3. Accommodation of storm drainage (Allendale Avenue parking lot).
Presently, the Allendale Avenue parking lot is surfaced with gravel. The gravel surfacing
was accepted by staff because there are no storm sewers in the area and the parking was to
be temporary. However, in report PD-2000-44, it was stated that should this parking lot be
in existence longer than five years (April 2005), the lot should be paved and a proper storm
sewer system be constructed if municipal storm sewers are available. Municipal Works has
advised that a storm sewer is being constructed as part of Regional Niagara's reconstruction
of Stanley Avenue. Therefore, Municipal Works is requiring that the applicant deposit
$50,000 in cash to pay for the extension of this sewer to the Allendale parking lot and to
submit a $100,000 Letter of Credit in the future to guarantee the paving of the parking lot and
construction of the storm drainage system should the Allendale lot be permanently zoned
Parking.
4. On-street bus lay-by area.
At present, buses load and drop-off hotel patrons within a lay-by area on Fallsview
Boulevard. This was permitted at the applicant's request on an interim basis only. Given
the current design alternatives for the Fallsview Boulevard Environment Assessment, there
will no longer be any space available for the lay-by area and it will have to be eliminated.
The project architect has advised that buses can presently be accommodated on-site and
within the upcoming redevelopment proposal.
Planning Review
1. The extension of the temporary use by-law is appropriate.
Temporary use by-laws are allowed through the Planning Act for a period of not more than
three years. The Official Plan permits extensions of temporary use by-laws. Uses that are
being considered for temporary uses should be of limited duration and shall not entail any
major construction. Major construction serves to entrench the use as removal is costly and
developers are reluctant to undertake such expense.
March 17, 2003 - 3 - PD-2003-26
Assessment
The two off-site parking lots have existed for almost three years with no recorded
land use impacts on adjacent uses.
The applicant is contemplating a major redevelopment of the Hilton land, which will
also include the Liberty Inn site on Stanley Avenue. This redevelopment will involve
an additional hotel tower plus convention, recreation and entertainment facilities. All
required parking is to be provided on-site within an underground parking structure.
Staff has been in discussions with the applicant's planner and architect and has
impressed upon them the need for a parking strategy. This strategy will be part of the
forthcoming applications. In light of this, the extension of the temporary use by-law
is justified as these lots will be needed during the construction of the new facilities,
which could take up to three years.
The Allendale lot will remain as a gravel surface for the duration of the temporary
use by-law. The gravel surface can easily be removed and returned to greenspace so
the land can be utilized for other uses.
CONCLUSION:
Based on the foregoing, the application for an extension to the temporary use by-laws can be
supported conditional on the site plan agreement matters being addressed by the applicant forthwith.
The extension is recommended for three years, as allowed for in the Planning Act, in order for the
applicant to construct a further redevelopment of the Hilton lands.
Respectfully submitted: t
acDonald
Chief Administrative Officer
Recommended by:
Doug Darbyson
Director of Planning & Development
Approved by:
T. Ravenda
Executive Director of Corporate Services
JB:gd
Attach.
S:\PDR~2003~PD2003-26 AM-06-03, 6361 Fallsview Blvd.wpd
SCHEDULE 1
LOCATION MAP
Subject Property
Amending Zoning By-law No. 79-200
Location:
Applicant:
Parcel 1:6361 Fallsview Boulevard.
Parcel 2: Southwest comer of Murray Street
and Stanley Avenue.
Parcel 3: West side of Allendale Avenue.
876891 Ontario Limited.
AM-06/2003
ii
I
i
SCHEDULE 3 ~
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NIA ' A
PLANNING AND DEVELOPMENT DEPARTMENT
The Regional Municipality of Niagara
3550 Schmon Parkway, P,O, Box 1042
Thorold, Ontario L:iV 4T7
Telephone: (905) 984-3630
Fax: (905) 641-5208
E-mail: plan@regioqaLniagara.on.ca
March 13, 2003
Doug Darbyson, MCIP, RPP
Director of Planning and Development
City of Niagara Falls
4310 Queen Street
Niagara Falls, ON L2E 6X5
Dear Mr. Darbyson:
File: D10.M11.23
Feuillets de transmission par t~/~copieur
Post-it" Fax Note
RE:
Zoning By-law Amendment Application
6361 Fallsview Boulevard, Southwest corner of Murray Street & Stanley Avenue
and West Side of Allendale Avenue
876891 Ontario Limited
City of Niagara Falls
Your File; AM-06/2003
This application proposes to amend the City's Zoning By-law to permit a portion of the required
parking for the existing Hilton Hotel to be provided off-site. Temporary use by-laws were
previously granted for this purpose and are Intended to be extended for a further three year
period. These pertain to two sites located along the west side of Allendale Avenue and the
southwest corner of Murray Street and Stanley Avenue.
These lands are within the Niagara Falls Urban Area Boundary according to the Regional Policy
Plan and designated Tourist Commercial in the City's Official Plan. Temporary use by-laws to
allow off-site parking only provide a short term solution to meet growing parking demands in the
Fallsview tourist district that are being stimulated by new development. The City should be
satisfied that there is an appropriate commitment by the hotel owners to eventually provide a
permanent parking faciltiy to meet long term parking needs.
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 Co'uncirs decision on this application.
Yours truly.
Director of Planning Services
Bill Stevens, Regional Public Works
Councillor Bill Smeaton
M:~MSWORD\PC\NFzble~Fatlsview Bird Marriot.doc
Niagara FQIIS
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-maih
(905) 356-7521
(905) 356-2354
planning@city.niagarafalls.on.ca
March 17, 2003
PD-2003-27
Doug Darbyson
Director
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re,'
PD-2003-27, Zoning By-law Amendment Application
AM-04/2003, 4949 Lyon's Creek Parkway
Applicant: Jeff Dennington
Proposed Bed & Breakfast Accommodation
RECOMMENDATION:
It is recommended that Council approve the requested Zoning By-law amendment application to
permit an existing single detached dwelling at 4949 Lyon's Creek Parkway to be used as a tourist
home (bed and breakfast accommodation) containing no more than two bedrooms for tourists.
BACKGROUND:
Proposal
Jeff Dennington has requested an amendment to Zoning By-law No. 79-200 to permit an existing
single detached dwelling at 4949 Lyon's Creek Parkway (see Schedule 1) to be used as a tourist
home (bed & breakfast) containing up to two bedrooms for tourists. Refer to Schedule 2 for the
details of the development.
The land is currently zoned a site specific Single Family 1C Density (RI C-489) zone. The R1 C-489
zoning is requested to be amended site specifically to permit a dwelling on the land to be used as a
tourist home containing up to two bedrooms for tourists.
The land was~rezoned from Rural (R) to R1 C-489 through the adoption of zoning by-law no. 2001-
80. This by-law established a building envelope on these lands to guide constraction of a single
detached dwelling in a way that minimized impacts on the wooded and environmentally sensitive
areas on the subject site and surrounding land.
Surrounding Land Uses
The subject land is surrounded by mainly wooded areas, with residential lots to the northeast along
Lyon's Creek Parkway, and LYon's Creek to the north.
Working Together to Serve Our Community
Clerka · Finance Human Resources Information Systems · Legal Planning & Development
March 17, 2003 - 2 - PD-2003.27
Circulation Comments
Information regarding this application was circulated to City departments, government agencies and
the public for comment. The following have been received.
· Municipal Works
No Comments
· Parks, Recreation and Culture
No objections
Regional Municipality of Niagara
The land lies within the Niagara Falls Urban
Area Boundary according to the Regional
Policy Plan. The proposed bed and breakfast
appears to be a small-scale home occupation
use that would not have a detrimental impact
on the surrounding area and conforms to the
Regional Policy Plan. The Region is not
opposed to the approval of the proposed
Zoning By-law amendment from either a
Regional or Provincial planning perspective.
In addition, the Cityhas received a letter of objection from a resident on Lyon's Creek Parkway. The
letter (on tonight's agenda) cites a number of reasons for the objection, including the impacts of
increased tourist traffic on a local road and potential impacts by visitors on nearby environmental
lands.
Planning Review
The following is a summary of staff's assessment of the application.
1. The proposal complies with the intent and purpose of the Official Plan.
The subject lands are designated Residential in the Official Plan. Lands under this
designation are intended to be used pr/madly for dwelling units. Bed and breakfast
accommodations are permitted within owner-occupied homes where they are considered to
be compatible with the residential neighbourhood. Establishment of these facilities is to be
regulated as to their location, size and traffic generation to minimize potential disturbances
to adjacent properties and to protect the character and identity of the overall neighbourhood.
The proposed bed and breakfast conforms with the Official Plan as follows:
The dwelling is set back enough from nearby residential properties to mitigate
impacts.
The parking area would be located in an area already cleared, away from abutting
properties. No additional encroachment into existing woodlands is proposed and all
development would be outside Regional flood and fill lines.
A bed and breakfast with two bedrooms for tourists would generate minimal traffic
and would have convenient access to Lyon's Creek Road.
March 17, 2003 - 3 - PD-2003-27
The site's location is an unusual one for a bed and breakfast. It is located at the end of a local
mad at the edge of the urban area. Most bed and breakfasts have located near major tourist
districts and the Niagara Parkway. However, the Official Plan does permit these
establishments on a city-wide basis, provided impacts on the surrounding area are minimized
and the character of the area protected. This site meets the Official Plan criteria.
2. The requested amendment is appropriate for the site.
The property is zoned R1C-489. The applicant has requested site specific provisions to be
added to the R1C-489 zoning to permit a two-room bed and breakfast. No changes are
proposed to the development standards and setbacks. No changes are proposed to the
established building envelope or development standards. The site would continue to
conform with the intent of site specific zoning and would be maintained in a manner that is
appropriate with the surrounding area.
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
breakfast accommodations.
2. The residential character of the property will be maintained.
The proposal would not impact on environmentally sensitive uses on the property or adjacent
lands.
4. There is sufficient lot area within cleared areas for parking and amenity space.
Prepared by:
Planner 2
Respectfully submitted:
~il~ fMAaCdn~?r~saltrdative Officer
Recommended by:
Doug Darb~Yson
Director ofPlarming & Development
Approved by:
Tony Ravenda
Executive Director of Corporate Services
AB:lp
Attach.
S:~PDRL2003~PD2003-27, AM-04-03 4949 Lyon's Creek Pky, B & B,wpd
SCHEDULE 1
LOCATION MAP
Subject Property
Amending Zoning By-law No. 79-200
Location: 4949 Lyon's Parkway
Applicant: Jeff Dennington
AM-04/2003
I:NTS
SCHEDULE 2
~ -~>
~.uJ
Greg Chisholm
02/25/03 03:16 PM
To: Director of Planning and Developement.
CC:
CC:
Subject: Re: City File AM-04/2003
To The Director of Planning and Development: This letter is in regards to the zoning by-law amendment
application made for 4949 Lyons Creek Parkway.
Being a vested property owner of a few lots on this street ,,, I am vehemently opposed to any
amendments of an existing zoning bylaw which would allow for any commercial operations which would
include a bed and breakfast for tourists. Although the city of Niagara Falls was developed by the tourist
industry for which we are all thankful for, the town of Chippawa has always openly been considered as a
haven for peace and quiet as well as avoiding all the tourist traffic issues that we all experience every
summer downtown. Listed below are some of the reasons why this neighborhood should not be
considered for rezoning or any amendments made to the existing classification.
1.Privacy, Peace and Quiet: This is the exact reason that I and many others moved to and invested into
this area seven years ago. (then it was privately owned not yet acquired by the city).The street finally
became a quiet zoned RIC neighborhood with a dead end street. This alone appeals to anyone raising a
family because it avoids all the traffic ,congestion and the increased risk to children by "out of town"
vehicle activity .Please take note that their are no sidewalks on this street. Both myself as we~l as the
majority of my neighbors want to have the least amount of traffic possible and a commercial operation or
operations would do just the opposite.
2. Property Value & Taxes: Making a by-law change that would allow a commercial operation (B & B) on
the street will do nothing for my property values but reduce it for sake of loss of privacy and higher
traffic. Conversely ,should the zoning change to allow a first B&B and someone built a second larger
BSd3 on any one of the larger double lots that are available on the waterfront and forested Iots,,,the local
property taxes would have to rise because the street would then be considered a commercially viable
area. It has been stated that it's only a two bedroom B & B that the applicant is intending to
establish,,,but if this by-law amendment were to take place,we could have many other establishments
like this open up all along the waterfront and forested lots. Either way it's a lose-lose situation which
would effect all the local property owners the most and it would be all at their expense.
3. Safety: It is a fact that the Allstate Insurance company of Canada considers Niagara Falls to be a
territory code 13.This rating is concidered to be one having the most highest probability for having a
automobile accident. This designation is from the people who visit here every summer looking at
everything like street name signs, street numbers and other signage ,,except looking on the road that
they are driving on.
It would just bring the same problems to a quiet residential area that the tourist areas allready have to
deal with. I certainly would not want to be responsible for the first child to be run over or hit because
"the child" was not looking for a vehicle traveling down the street that was not watching where they
were driving or what was in front of them,,, instead of the other way around.
Because the street is so quiet the children (and adults for that matter),,beve been conditioned to not
closely looking for vehicles traveling down Lyons Creek Parkway and they treat it that way.
Again,,there are no sidewalks on this street,,,so the children are very used to playing on, in and around
the quiet roadway.
4. Main Road Access: Couple this added traffic of drivers that are unfamiliar with the area with the
allready recognized and noted dangerous intersection of
Lyons Creek Road to Lyons Creek Parkway and we have all the ingredient of a major traffic accident just
lurking and waiting to happen.
It's dangerous enough for people that have had many years of experience making that hard right hand
"hairpin turn" as they turn on to Lyons Creek Parkway,,, let alone anyone unfamiliar with how fast people
travel eastbound on the 80 kph section of Lyons Creek Rd as they come into town and fly over the crest
of the bridge only to find a stopped car with it's occupants looking for a street sign or checking their
directions on a map.
It's just as dangerous making a left hand turn onto Lyons Creek Parkway which crosses the oncoming
lane with that same high speed traffic coming over the crest of the bridge ,,in snowy weather when no
one can start or stop fast enough to avoid being hit broadside which is the most deadliest type of crash.
! sure ! don't have to go any further into this description because all of these facts have been
documented by our local alderman and city traffic departments.
Plus the fact that the entrance way to Lyons Creek Parkway from Lyons Creek Rd. is planned to be
changed and rerouted to a proper design once the next phase of development south of this roadway
has been completed.
5. Future Waterfront Considerations: This by-law amendment and first B&B would also open the door for
the more of the same type of operations on waterfront lots where we would find temporary guests
abusing the waterways whether it be from naivety or just plain ignorance,,,as people are prone to do
when it's not their own neighborhood or country. Especially living on the water front where my neighbors
and ! have experienced this common abuse first hand.
There is a public boat ramp just down the street and the proposed weekend visitors would tear up our
quiet Class I Wetland all summer, just like they do every spring causing further dock damage and creek
bank erosion which none of us can afford to lose naturally let alone from watercraft moving too fast
making huge wakes which undermine and washout the creek banks.
A water front lot is a huge feature,,,but it needs to be protected on an annual basis and you need to
adhere to MNR laws and regulations which is not cheap.
This is in addition to the temporary guests being in the holiday party mood atmosphere with alcohol
consumption and loud music being the norm ,which would lead to further disruption of our quiet and
private neighborhood.
Again, !t would just bring the same problems to a quiet residential area that the busy tourist areas
allready have to deal with,,,, but considering {he local waterfront area,,,now you just add water and
jet-skis to the recipe for a future disaster in the making.
6. Environmental Impact with a commercial operation 100 feet from a Class 1 Wetland Conservation Area
: This point is pretty much self explanatory,
The area is not conducive to such a commercial enterprise or any commercial enterprise for that matter.
The existing waterfront property owners have complied with the stringent MNR and Conservation
Authorities rules and expectations with regards to their property management. Although this is not a City
of Niagara Falls direct responsibility ,, it still falls under the same category of proper land usage and
future considerations that the City of Niagara Falls plays a major role in guidance and control there of.
Having temporary guests to this area ,,who are not familiar with the Conservation Authority rules and
regulations that are in place would only add more pressure to this fragile enviroment that has just
started to make a comeback since the sanitary sewers have been installed on Lyons Creek Parkway,
*This subject property backs right into the very heart of this Class 1 Wetland Conservation Area. Although
the property is not on the water front,,,it's right next door to it. and it's the last property on the street
that extends into the green space forest and Conservation area.
7. Applicants History in this Neighborhood: The applicant for this zoning by-law change has done nothing
to improve this streets value or future prosperity.
!f anything, the quality of this street has been downgraded by the "trail" left behind of property being
severed into their very smallest possible lot size,along with still unfinished "spec" houses with design
flaws that are currently being operated as rental properties.
!f you review your own land severance and building department records and most importantly your new
building inspection records,,,you will find information which reinforces and supports these facts.
The applicant has personally stated to me that he is going to do what's right for him and that he does not
care about what is right for the neighborhood.
Myself and others who live on the street have a problem with this type of mentality and attitude because
it directly effects us and our quality of life.
Lastly on this sordid topic....is what cash value they might gain from offering such a property for sale on
the open market once the operation(if allowed) is underway. To allow this isn't fair to anyone living on
this street or to anyone that has purchased property and are planning to build on this street.
After you get a chance to consider the points of this letter,,,and if you worked hard to find and buy or
build a decent retirement home on an existing peaceful river that complies with a Class 1 wetland
environmental area,,,,would you want the first B&B next door to your property with more to follow in the
future?
! and the majority of my neighbors say,,, lets keep the tourist area just that,,and leave a quiet
neighborhood just as it is without the problems of making it a future commercial nightmare.
Lastly,,,should you need to get an idea of just how many people that live on this street are against such
a zoning by-law change,,,,at your request,, ! would be happy to supply you with a signed petition that will
confirm the local area thoughts and attitudes towards such a change. ! know for a fact that the
overwhelming majority of the residents on Lyons Creek Parkway are firmly against any such zoning
by-law change and if this is what's needed to give you the full picture,with two weeks notice ! can supply
you with that list.
! look froward to your timely reply should you wish to pursue this application further. Please keep me
notified of what transpires with the application and your intentions.
Best Regards
Gregory Chisholm
4855 Lyons Creek Parkway
Niagara Falls, Ont. L2E 6S6
Niagara Falls
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-maih
(905) 356-7521
(905) 356-2354
planning@city.niagarafalls.on.ca
PD-2003-28
Doug Darbyson
Director
March 17, 2003
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re:
PD-2003-28, Zoning By-law Amendment Application
AM-03/2003, 6062 and 6076 Main Street & 6055 and 6047 Ross Street
Applicant: Patterson Funeral Home
Parking for a Funeral Home
RECOMMENDATION:
It is recommended that: CO1J~ClL APPROVE I~C~,~)/LT[Oll #1 and ILl ~AIIOII
1)
Council approve the requested Zoning By-law amendment application to rezone 6062 and
6076 Main Street and the severed portions of 6055 and 6047 Ross Street a new Site specific
GC zoning to permit the lands to function as one for parking purposes; and
2)
site specific landscaping and fencing requirements along the residential properties and along
Main Street be implemented through the amending zoning by-law as noted in this report.
BACKGROUND:
Proposal
Francis Patterson Limited and Sandra Josephine Patterson have requested a Zoning By-law
amendment for lands known as 6062 and 6076 Main Street and the rear portions of 6055 and 6047
Ross Street as shown on Schedule 1. Patterson Funeral Home exists at 6062 Main Street. The City's
Committee of Adjustment has approved two severances (B7/2003/NF and BS/2003/NF) that will
allow the rear portions of the lands known as 6055 and 6047 Ross Street to be added to the funeral
home. The amendment is requested to permit the severed portions and the Main Street lands to
function as one for parking purposes. Refer to Schedule 2 for the details of the development.
Schedule 2 also identifies the actual area being rezoned from residential to commemial, which is
already being used for parking for the funeral home. Schedule 3 shows the existing parking on the
funeral home site.
The land is currently zoned in part Residential Single Family and Two Family Density (R2) and in
part General Commercial (GC). A new site specific GC zoning is proposed over the entire lands to
permit them to function as one parcel.
Working Together to Serve Our Community
Clerks Finance Human Resources Information Systems Legal · Planning & Development
March 17, 2003 - 2 - PD-2003-28
The consent applications conveying the rear portion of 6055 Ross Street to 6076 Main Street and the
rear portion of 6047 Ross Street to 6062 Main Street were approved by the Committee of
Adjustment on February I 1,2003, subject to a number of conditions. The requested amendment will
satisfy one of the conditions.
Surrounding Land Uses
The lands are located within a commercial area along the Main Street. Lands to the north, south and
west are used for a variety of small-scale commercial purposes. Lands to the northeast and east
contain residential uses.
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
Records indicate historic drainage problems caused by
the applicant's parking lot draining onto residential
lands to the east. The applicant will be required to
enter into a site plan agreement and construct an
adequate storm sewer system to address this issue.
Regional Municipality of Niagara -
Not opposed to the proposed zoning by-law
amendment. The City should be satisfied that an
adequate buffer is provided next to adjacent
residential properties to the east.
Parks, Recreation and Culture
No objections.
A letter has been received from residents on Ross Street expressing concems about access from Ross
Street and drainage and flooding problems originating from the subject lands.
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 lands along Main Street are designated Minor Commercial while the lands along Ross
Street are designated Residential. The Official Plan allows for minor boundary adjustments
where the general intent of the Plan is maintained.
The Minor Commercial designation permits a range of retail and personal service
establishments. Consolidation of properties is encouraged to achieve a more efficient and
intensive utilization of the lands. In the Main Street district, compact building forms, close
to the sidewalk, are encouraged in order to maintain the existing pedestrian-oriented
environment. The Residential designation permits a range of housing types.
The Official Plan also encourages parking to be located in the side and rear yards and
requires such parking to be buffered to preserve the amenity ofneighbouring residential uses
and mitigate visual impacts on the streetscape.
March 17, 2003 - 3 - PD-2003-28
The proposal conforms to the Official Plan in the following ways;
The dwellings known as 6047 and 6055 Ross Street are being maintained thereby
protecting the residential character of the street. No access will be allowed from this
street.
The proposal results in a minor adjustment in the zoning boundaries that meets the
general intent of the Official Plan and does not affect the integrity of the residential
designation along Ross Street.
The proposed zoning will consolidate 6062 Main Street and 6076 Main Street under
one site specific zoning by-law resulting in a more efficient use of the parking.
Parking will be provided mainly in the side yards and a consolidation of access points
will be possible.
There is ample room to introduce additional landscaping and fencing to buffer the
parking from adjacent residential properties and the Main Street streetscape.
The compact building form and pedestrian-oriented environment of Main Street
encouraged by the Official Plan is maintained.
The requested amendment is appropriate for the site.
The property is zoned in part Residential Single Family and Two Family Density (R2) and
in part General Commercial (GC). The actual area to be rezoned from R2 to GC is shown
on Schedule 2. Putting the two properties on Main Street and the severed parcels of the Ross
Street properties under a single site specific GC zoning category would allow these lands to
function as one parcel for parking for the funeral home.
It is recommended that the amending zoning by-law include requirements for landscaping
strips and fencing along residential properties and requirements for landscaping strips along
Main Street. A 1.8 metre (6 foot) high fence is recommended adjacent to the residential lots.
Three metre ( 10 feet) wide landscaping strips are recommended along Main Street and along
the residentially zoned properties for screening and snow storage. A 1.5 metre (5 foot) wide
strip should be provided along the south lot line for additional amenity as proposed in
Schedule 2. These will help to mitigate impacts of the parking lot on nearby residences and
on the Main Street streetscape and provide areas for snow storage.
Development of the parking areas would be subject to site plan control.
Site plan control will address the following issues:
· drainage concerns raised by Municipal Works and by residents;
the provision of high quality landscaping strips and wood fencing along residential
properties, and landscaping along Main Street;
· prevention of access to/from Ross Street;
March 17, 2003 - 4 - PD-2003-28
· the provision of efficient access and traffic circulation on the property; and
· consultation with interested neighbours as required in the Committee of Adjustment
decision.
CONCLUSION:
Prepared by:
Planner 2
The proposal represents a minor adjustment in the zoning boundaries that conform with the
intent of the Official Plan.
The lands will be placed in a site specific GC zone that will allow the lands to function as
one for parking purposes.
A 1.8 metre (6 foot) high wood fence abutting residential lots, 3 metre (10 foot) wide
landscaping strips along Main Street and the rear lot line and 1.5 metre (5 foot) landscaping
strips along south lot line are recommended for screening and buffering purposes.
Site plan control will address landscaping and fencing, access and drainage issues.
Respectfully submitted:
J~°~ Mav Chief A~i°n~ltl~
Doug Darbyson
Director of Planning & Development
Approved by:
T. Ravenda
Executive Director of Corporate Services
AB:lp
Attach.
S:~PDR~2003~PD2003-28, AM-03-03 6062 & 6076 Main St & 6055 & 6047 Ross St.wpd
Recommended by:
SCHEDULE 1
LOCATION MAP
Subject Property
Amending Zoning By-law No. 79-200
Location:
Applicant:
6047 & 6055 Ross Avenue &
6062 & 6076 Main Street
Patterson Funeral Home
AM-03/2003
I:NTS
~g from residential (R2)
to commercial (GC)
U3/ll,/2UU~ IU:i~ ~Ul~42MbUb
Copy lu$
286 Main Street
Hackensack, New Jersey 07601
(201) 342-7974
FAX TRANSMI]q-AL
Our Fax No. (201) 342-8505
Attention: ~- '~J~
Fax Number:
From:
Number of Pages 3
including cover sheet:
I/
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Planning
Dear City Council Members of Niagara Falls,
To Whom It May Concern,
Gord & Leona Fowle
6041 Ross Ave.
Niagara Falls, On.
-L4C 2.-
My wife Leona and myself have been living in our house on Ross Ave. since 1948.
It has been a warm and friendly house where we have raised our family and have many
fond memories. Our grandchildren and great grandchildren come to visit us often.
During the many years that we have lived on Ross, many families have come and gone
which is common when the time we have lived here is considered. During that time, the
area with houses erected on, has always been zoned residential for families which is the
way we prefer the area to stay - residential. My interpretation of this paperwork sent to
us, is Patterson is asking for a change of zoning to commercial to allow for an additional
parking lot to be built which will enlarge his present parking lot. Part of the two houses
he owns would be severed and rezoned to commercial to allow this. This is a little
confusing because the parking lot has already been built and in use for at least a year
now. Is this paperwork now to make it legal? The paper states that the two houses
mentioned would be left standing, not to be tom down, but also mentions ora future
driveway. Where is this driveway? I have to strongly object to a change in zoning if this
means a driveway will be built beside my house which would mean much more vehicular
traffic and a drop in property value. More vehicular traffic would be a safety hazard
when our great grandchildren come to visit. Will the city council drop our property taxes
when our property value drops? Would you buy a house with a large driveway beside it?
The answer is probably only if the price would be sufficiently low enough to compensate
for a driveway. Patterson may be trying to purposely have our property value drop for a
future possibility of him purchasing our property at a decreased amount. This will not
happen. We try to be good neighbours and have in the past let things pass without a word,
but this time we feel there is a line which is being crossed. We feel that we are not being
told the truth of these actions. We believe that Patterson does intend to put a driveway
to Ross Ave. on one of the properties mentioned. We object to this action very strongly.
I'm sure many of you would not appreciate a large driveway built beside your house. As
I have mentioned, the parking lot is there already, which by the way has no storm sewers.
Is there a bylaw concerning this? Every time it rains hard, alt the water from Main St.
which is at a higher elevation runs down the parking lot into my backyard and many
times in our basement. Our backyard has been under 4" of water many times since the
addition to his parking lot has been built.
My wife and I are elderly now so we are not attending the mentioned meeting, but
we hope this letter will speak our dis-satisfaction and objection to this motion of
changing the zoning of these houses. Thank you in advance for any consideration of our
letter.
Respectfully yours
RECEIVED
FEB 20O3
PLANNING
& DEVELOPMENT
Kristine Foster
6055 Ross Avenue
Niagara Fall, ON L2G 5Z9
(905)-356-5020
Februa~ll, 2003
To Whom it may concern:
RECEIVED
FE!~ I ~, 2003
PLANNING i
DEVELOPMENT j
This is a letter to acknowledge in writing, the event that took place at my
residence on Tuesday, February 4, 2003.
After dropping my son offat school around 12:50 p.m., Pat Melchiorre,
owner of La Fiesta Restaurant, was standing on my fi'ont lawn looking at the
posted notice of appeal sign. He asked me ifI knew what this meant and
proceeded to tell me that is this appeal for the severence goes through on
February 11, 2003, the funeral home owners will be tearing down these two
homes and making a roadway connecting to Ross Street through their
parking lot. I replied that I was not made aware of that occurring. He said
he was sorry that he was the one who had to tell me because he thought they
would have told me already. He ended the conversation by telling me to
start packing because I would need to get out of the house ASAP. He also
said my landlords should have given me 60 days notice. As he walked
away, he said everyone on this street are retired, old people and they don't
want these houses torn down.
I called Ruth-Ann Nieuwesteeg at Patterson Funeral Home with some of my
concems, mainly the thought of having to pack up and move when I just
moved into the home in November of 2002. She informed me the
information I had previously received from Mr. Melchiorre was completely
incorrect and misleading. The severence involved the back yards of the two
homes, not the actual dwellings. The proposed "construction" was actually a
drive way leading through t~om the back of the fiineral home parking lot to
the back of the parking lot to the south of La Fiesta Restaurant. There will
be absolutely no traffic flow from Main Street to Ross Avenue. Ruth-Ann
also mentioned they would not have spent money in the last 6 months to put
in a new kitchen and new roof on the house if they were planning to tear it
down. I was reassured that I was welcome to stay in the home as long as I
liked.
If there are any further questions pertaining to this matter, please do not
hesitate to contact me.
Sincerely,
Kristine Foster
Niagara Falls
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-maih
(905) 356-7521
(905) 356-2354
planning@city.niagarafalls.on.ca
PD-2003-30
Doug Darbyson
Director
March 17, 2003
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re:
PD-2003-30, Zoning By-law Amendment Application
AM-05/2003, Part of Twp. Lot 73, Portage Road
Applicant: Colson & Colson Construction Co.
Agent: Kristin Newland, Curry Brandow Architects
Proposed Retirement Residence
RECOMMENDATION:
It is recommended that the requested Zoning By-law amendment to permit a retirement residence to be
constructed on the east side of Portage Road be approved conditional upon:
1)
the design of the development being refined to provide additional landscaping, including the
screening and buffering along the rear property line; and
2)
the design changes being satisfactorily completed prior to the enactment of the amending zoning
by-law. - ~m n~r v~ ~s~mers ss tsvo].v~ m nm s~ m.~ PP. OC~SS.
BACKGROUND:
The amendment is requested for the land on the east side of Portage Road, as shown on Schedule 1. The
amendment is requested to permit the construction ora four-storey, 117-room retirement residence. The
number of units was subsequently reduced to 115 after receiving comments from staff.
The land is currently zoned General Commemial (GC). Site specific regulations are requested to add
a retirement residence as a permitted use under the GC zoning, to reduce the parking requirement from
1.4 space/unit to 0.6 spaces/unit and increase the building height from 12 metres to 15 metres.
Subsequent to circulation of the notice, staff comments regarding density and other aspects of the
development were sent to the developer. A revised plan was submitted in response. The planning
analysis below is of the revised concept.
Working Together to Serve Our Community
Clerks Finance Human Resources · Information Systems Legal Planning & Development
March 17, 2003 - 2 - PD-2003-30
Surrounding Land Uses
Lands to the north of the subject land are occupied by Stamford Court Apartments for seniors. To the
east are single and semi-detached dwellings. South and west of the subject land are mostly commercial
and office developments of various types and sizes, with the exception of two apartment buildings on
the west side of Portage Road.
Circulation Comments
The application was circulated to City departments, agencies and the public for comment. The following
comments were received.
Municipal Works
- Dedication of a 17-foot road widening is required along
Portage Road.
Parks, Recreation & Culture - No objections. Landscape comments will be provided during
site plan review.
Building & By-law Services
No objections. Comments regarding Ontario Building Code
matters will be provided during site plan and building permit
review.
· Fire Services
- No objections. Comments reg. arding fire safety will be
provided during site plan and budding permit review.
Planning Analysis
1. The proposal is within the intent and purpose of the Official Plan with some modification.
The subject land is designated Major Commercial in the Official Plan, being part of the
Stamford Retail District. Major Commercial land that is in excess of demand can be rezoned
for residential development subject to certain criteria.
The proposed retirement residence will help to support the District rather than have any
detrimental impacts on the commemial development or commemial traffic patterns.
The density of the project is compatible with other residential land uses in the District.
Traditional apartments may attain a density of 50 milts/acre when in close proximity to Major
Commercial districts. The density of the proposed development is 62 units/acre. This higher
density can be achieved because of a communal dining facility and reduced parking ratio.
There should, however, be no loss of performance standard in terms of landscaping and
separation distances.
The three-to-four-storey stepped design is integrated in terms of scale and massing with the
eight-storey senior's apartment abutting to the north and the commercial development of the
district. The building steps down at the rear to provide a more compatible building height
with the residential lands to the rear.
A preliminary site plan for the project reviewed by staff provided approximately 48%
landscaping. The current design provides for about 37%. The amount of landscaping should
be increased as to provide greater buffering for the abutting residential lands and to provide
SCHEDULE 1
LOCATION MAP
Subject Property
Location:
Amending Zoning By-law No. 79-200
Part of Township Lot 73
AM-05/2003
Applicant: Colson & Colson Construction Company
1 :NTS
Febmar~ 2003
8 Storey
Tower
Existing Residential
.J
./
One Storey
CONCEPTUAL SITE
Niagara Falls Retirement ResidenCe
A~L~ Cd'ACtS
OPEN
'~SPACE8 l,ROVlm~o
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
March 7, 2003
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:
RE:
Zoning By-law Amendment Application
East Side of Portage Road,
North of Thorold Stone Road (Regional Road 57)
Colson & Colson Construction Company
City of Niagara Falls
Your File: AM-05/2003
This application proposes to amend the City's Zoning By-law to permit the construction
of a four-storey, 117 room retirement residence on lands currently zoned General
Commercial (GC). A reduced parking requirement and increased building height are
also being requested to accommodate this development.
These lands are within the Niagara Falls Urban Area Boundary according to the
Regional Policy Plan and designated Major Commercial in the City's Official Plan. The
proposed infill development for senior citizen accommodations will assist in fulfilling a
growing need to meet changing housing requirements for the aging population in the
community. The prevision of this type of housing in a commercial district will provide a
desirable mix of land uses and convenient access to shopping facilities, community
services and public transit. This will promote a more "walkable" neighbourhood as
advocated in the Region's Smart Growth strategy.
In this regard, Regional Planning staff is not opposed to the approval of the proposed
Zoning By-law amendment from a Regional or Provincial planning perspective.
However, the City may have more specific site plan design details that should be taken
into consideration.
RECEIVED
The City of
Niagara Falls
Corporate Services Department
Planning & Development
4310 Queen Street
P.O. Box 1023
Niagara Falls, ON L2E 6X5
web site: www.city.niagarafal[s.on.ca
Tel.:
Fax:
E-mail:
(905) 356-7521
(905) 356-2354
planning@city.niagarafalls,on.ca
PD-2003-29
Doug Darbyson
Director
March 17, 2003
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re:
PD-2003-29, Regional Policy Plan Amendment No. 170
Willoughby Land Use Study - Proposed Land Use and
Conservation Policies
RECOMMENDATION:
It is recommended that Council:
1) support Regional Policy Plan Amendment No. 170 in principle; and
2)
have input into any revised environmental policies and/or designations resulting from public
and agency comments, as well as further discussions between local and Regional planning
staff, on the amendment.
BACKGROUND:
The City has been asked to provide comments on Regional Policy Plan Amendment No. 170.
Amendment No. 170 proposes the establishment of a long-term land use strategy for the Willoughby
Land Use Study Area, being the area situated between the QEW and Niagara River, south of
Chippawa. Council previously established, in principle, a local planning framework or strategy for
this area. A copy of the framework report approved by Council is attached for information purposes
as Schedule 1. Once the upper tier Regional Policy Plan is processed, the City can process local
amendments to formalize the strategy.
Policy Components of Regional Policy Plan Amendment No. 170
There are several components to Regional Policy Plan Amendment No. 170. The various proposed
land use designations are shown on Schedule 2. This section will briefly outline each component.
1. Deferred Urban
The amendment proposes that the Niagara Falls Urban Area Boundary be expanded westerly
from Chippawa to the QEW, north of Ussher's Creek as illustrated on Schedule 2. The
}Forking Together to Serve Our Community
Clerks Finance Human Resources · Information Systems Legal Planning & Development
March 17, 2003 - 2 - PD-2003-29
expanded area is to be shown as Deferred Urban and the policies emphasize that this is a
long-term growth area to be considered after lands within the urban boundary are primarily
developed. The deferred urban area represents a land reserve for future growth. In general
terms, the proposed policies safeguard the lands for future development by limiting land uses
and land fragmentation which would jeopardize their efficient urban development. A further
amendment to the Regional Plan would be needed before urban use is approved for the area
having consideration to the available supply of urban land, feasibility of servicing and
incorporation of smart growth planning principles throughout the urban area.
2. Willoughby Special Rural
The Region's Special Rural Area applies to the majority of lands south of Ussher's Creek and
Chippawa. This designation's objective is for the preservation of the open space character
of the area. The policies provide for an estate residential area as identified in the City's
planning framework for the area just south of Miller Road northwards to the golf course and
east of Ussher's Creek over to the Niagara Parkrway. Within the estate residential area, the
policies require a range of lot sizes with a minimum size of one hectare, protection of natural
features, stormwater management plans, and proceeding by plan of subdivision with limited
infilling. The intent is for this form of development to be integrated with natural features and
the open space area.
The proposed policies which apply to the remainder of the Willoughby Special Rural Area
attempt to preserve the open space rural/agricultural character of the area by limiting
permitted uses to agricultural uses, agri-tourism, greenhouses and open space
recreational/commercial uses such as golf courses and campgrounds via zoning amendment.
It should be noted development would have to be on private services only. In order to further
protect the open space character of the area, severances will not be permitted on lots less than
10 hectares (25 acres).
3. QEW Development Nodes
The Region is proposing to allow for two serviced urban enterprise districts at the Sodom
Road and Netherby Road/QEW intersections. The intent is to encourage large-scale
employment developments of a recreational, tourist or highway commercial nature to locate
within this area on full urban services to take advantage of the strategic location at the QEW
interchange. Small-scale development on small lots with private services will not be
permitted. Further Regional and City Official Plan amendments would be necessary to
consider the type and scale of development, traffic, servicing and environmental matters.
Development is to be concentrated around the intersection with the QEW.
In addition to the above, the Region proposes a policy which could provide for an expansion
to the Douglastown Urban Area Boundary at Netherby Road in Niagara Falls subject to a
planning review on servicing, land use and environmental protection.
4. Niagara River Parkway
The existing Regional Policy Plan permits high quality residential development on the east
side of the Parkway on private services to a depth of 140 metres. No changes to this policy
format are proposed.
March 17, 2003 - 3 - PD-2003-29
5. Environmental Conservation Areas
The Region proposes to provide protection to environmental features through a natural
heritage systems approach currently being drafted by the Regional Planning Department for
the entire Region. This approach designates important natural features, as well as the
connecting corridors and linkages for protection.
For the Willoughby Area, the proposed natural heritage systems approach, while providing
a comprehensive environmental land use approach, also designates substantial amounts of
land for protection and treats all features within the system with the same priority. It should
be noted that more lands are being proposed for environmental protection than the original
City framework report attached. Development within these areas would not be permitted
unless an Environmental Impact Study demonstrates that development can take place without
having any negative impact on the features or functions of the system.
In general, staff supports the general concept of the natural heritage system approach but
would like to further discuss the possibility of a hierarchy of protection within the system,
particularly since it is unknown what the extent of lands this system would require for
protection in the rest of the City.
CONCLUSION:
In conclusion, the proposed Regional Policy Plan Amendment No. 170 is consistent with the
planning framework approved by Council for the Willoughby Land Use Study. Staff will meet with
the Regional Planning staffto discuss whether further refinements to the environmental policies are
necessary.
Prepared by:
Dave Heyworth
Planner 2
Respectfully submitted:
jo~~ MacDonald~~
Chief Administrative Officer
Recommended by:
Doug Darbyson
Director of Planning & Development
Approved by:
T. Ravenda
Executive Director of Corporate Services
DH:tc
Attach.
S:~PDR~2003~PD2003-29, ROP#170 Will. Land Use Stdy.wpd
SCHEDUL£1
Niagara Fails
Corporate Services Department
Planning & Development
4310 (~ueen Street
P.O. Box 1023
Niagara Fails, ON L2E 6X5
web site: www.city.niagarafalls.on.ca
Tel: (905) 356-7521
Fax: (905) 356-2354
E-mail: planning@city.niagarafalls.on.ca
Doug Darbyson
Director
PD-2001-103
The recommendation(s) I
contained in this report were I
adopted by City Council I
I
November 26, 2001
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re: PD-2001-103, Finalization of Willoughby Land Use Study
Proposed Planning Framework
RECOMMENDATIONS:
It is recommended that Council:
1)
approve the proposed planning framework for the area which was the subject of the
Willoughby Land Use Study; and
2)
authorize staff to initiate amendments to its Official Plan to implement the planning
framework described in this report.
BACKGROUND:
Hynde Paul Associates was hired to undertake the Willougt~by Land Use Study in order to determine
development opportunities and appropriate land uses with corresponding policies within the former
Township of Willoughby south of Chippawa between the QEW and Niagara Parkway. The study,
funded by the City, Region and Niagara Parks Commission, referred to hereafter as the agencies, was
undertaken to recognize the Niagara Parks Commission golf course and heritage interpretation centre;
provide for complimentary land uses around the Niagara Parks Commission development; provide for
land uses and policies to reflect the growth strategy of the City and Region; and remove the deferred
land use designation and policies for this area.
On June 11, 2001, Council approved the attached staff report PD-2001-53 which set out the basic
development concepts proposed by the consultant and authorized an open house whereby the
consultants would present their findings and recommendations for the Willoughby Land Use Study.
On July 26, 2001, a public meeting was held at the Chippawa Willoughby Memorial Arena to receive
public input. The work completed by the consultant has provided staffwith important background
material on the study area, and a general planning framework for future development in the area. The
agencies have reviewed this information, considered public input, and refined the development concepts
proposed by the consultants to better address public input and the planning objectives of the agencies
involved in the study.
Working Together to Serve Our Community
Clerk's Finance · Human Resources · Information Systems · Legal Planning & Development
November 26, 2001 - 2- PD-2001-103
PLANNING FRAMEWORK:
The attached map, Schedule 1, illustrates the new proposed policy designations, namely: estate
residential development, a deferred urban area, a nodal development area at the QEW interchanges, a
Rural Recreation designation for the remaining area and additional Environmental Protection Areas.
The land uses proposed fur each designation and key development requirements and restrictions are
described below:
Estate Residential
The approach toEstate Residential development is to contain it within the limits shown on Schedule 1
of this plan in keeping with"ranart growth" planning principles and to avoid the consequences of urban
sprawl. The boundary for estate residential development is based on existing rural residential
development and lot fragmentation as well as using Ussher's Creek as a natural boundary so as not to
extend such sprawl further.
The Estate Residential designation is proposed in order to provide limited infilling opportunities
between golf course and rural residential lots which are sensitively designed and integrated with the
natural environment and open space character of the area, Such development is seen as compatible and
complementary to the Niagara Parks Commission Golf Course development and surrounding rural
residential development.
In order to ensure estate residential development is sensitively integrated with the natural environment
and open space character, lot sizes will range fi.om 1 to 2 hectares (2.5 to 5 acres) with a median lot size
of approximately 3 acres; estate lots will be accessed by internal street systems, designed to minimize
strip development along existing roadways; natural areas shall be protected through the careful
positioning of lots and internal street systems and use of conservation easements and development will
be properly separated from livestock operations.
The extension of municipal water or sewage services to the Estate Residential area is neither appropriate
nor contemplated by this Plan. Only development proposals which can demonstrate the adequacy and
safety of potable water supplies, the long term sustainability of private waste disposal systems, and
methods of effectively managing stormwater drainage will be considered.
Traffic generated by residential estate development will need to be accommodated on local roads,
thereby limiting the impacts on the Niagara River Parkway. Traffic impact studies may be required to
assess traffic operations mad traffic impacts associated with new developments.
Open Space
The Niagara Parks Commission Legends on the Niagara Golf Complex and Chippawa Battlefield
Interpretive Centre will be redesignated from Residential and Good General Agricultural to Open Space.
This designation appropriately recognizes uses such as golf courses as well as parks and recreational
areas. The Environmental Protection Area designation referring to the floodplain o fUssher's Creek will
be maintained.
The agencies do not see the necessity of another entrance to the Parks Commission golf Course form
Weaver Road as suggested by the consultants. This will alleviate the traffic concerns of residents in
the area.
November 26, 2001 - 3 - PD-2001-103
Parkway Residential
The agencies propose that the existing Parkway Residential designation 'along Niagara Parkway be
maintained. This would maintain the existing linear form of development, fronting on the Parkway and
protect natural areas in order to preserve and enhance the scenic qualities of the Niagara River Parkway.
Additional commercial opportunities are not contemplated.
A few additional policies may be added to clarify servieing and drainage requirements for multiple lot
plans of subdivision.
Development Nodes
The agencies agree the QEW interchanges at Sodom and Netherby Roads represent potential
development opportunities. These nodes will receive a special designation which recognizes these areas
for large scale development opportunities where full municipal services can be provided. These large
scale gateway developments can be tourist commercial, recreational, or highway commercial in nature
in order to take advantage of the strategic proximity, profile and access of this major transportation
corridor relative to regional, provincial and United States markets. The intent is for the nodes to
develop over the long term as an urban serviced "Gateway" areas. Interim small scale development on
private services is not to be considered. Amendments to the Official Pan, and Zoning By-law will be
required for such development in order to properly determine ultimate land uses and compatibility,
boundaries of development nodes, traffic and transportation considerations environmental impacts and
servicing concepts. A servicing strategy will need to be jointly developed by various stakeholders
including the City, Region and developers with specific proposals.
Natural resource protection will be a high priority with respect to any development and may in some
eases provide logical boundaries to nodal development.
In order to provide scenic open space vistas between the Niagara Falls and Fort Erie urban areas,
continuous strip development is not envisioned. Connection to municipal services will be restricted to
the nodal areas and eventually deferred urban area.
Deferred Urban Area
The Deferred Urban Area identifies this area as the primary location for future urban boundary
expansions. The future long term expansion of the urban boundary into this area is in keeping with the
long term growth strategies of the City and Region. This area will be protected for future urban
development by permitting only low intensity development and preventing significant land
fragmentation. Existing uses and modest expansions thereto will be allowed. Land uses which could
binder cost effective future urban growth such as greenhouses, new livestock operations and estate
residential subdivisions will not be permitted.
Currently, the City has urban land supply which can accommodate growth in excess of 20 years.
Therefore, the deferred urb~m area is to serve the very long term urban development needs. Future
urban boundary expansions wi ll require local and Regional Official Plan amendments and must address
issues such as need based on population projections and existing land supplies, availability of services,
timing, staging and preparation of a secondary plan.
November 26, 2001 - 4 - PD-2001-103
Rural Recreational
The area south of Ussher's Creek is currently characterized by a variety of land uses including
agricultural uses, hobby farms, conservation uses, forestry, utility corridors and non-fann residential
uses.
There are significant amounts of scmbland within these areas. Agricultural production is limited due
to heavy clay soils which require tile drainage investment. Given, the lack of agricultural pursuits and
the areas location between the QEW, NPC golf course, Niagara River Parkway and future estate
residential, urban areas and nodal developments, it would appear this area will not be an intensive
agricultural area. Nevertheless, it is important to maintain the Rural Open Space character of the area
to provide scenic, attractive separation between the Niagara Falls and Fort Erie urban areas and maintain
smart growth principles.
The predominant use of land recommended by the agencies in the Rural/Agricultural area will be low
density, open space in nature and will include agricultural uses hobby farms, greenhouses, forestry,
conservation and limited non-farm residential development. Recreational commercial uses including
golf courses, driving ranges, campgrounds, small scale industrial and commercial uses and agri-tomism
uses maybe permitted where they are compatible with the rural environment and subject to a zoning
amendment to ensure there is no adverse impact on the rural environment or natural amenity of the area
and the long term functioning of private sewage disposal systems can be ensured.
Environmental Protection Areas
It is important to protect significant natural features within the study area. Within the study area the
floodplain of many of the existing creeks are designated as Environmental Protection Area (EPA).
However, the EPA can also be used to protect significant wetlands, woodlots, habitat areas and areas
of natural and scientific interest. The consultant's study identifies several creeks and woodlots which
are signifieatu enough to warrant protection. The features are shown on the attached map (Schedule
1). The wet/woodlots shown on the map are unevaluated wetlands and Regionally significant areas of
natural and scientific interest. These woodlots meet several of the criteria used by the province for use
in identifying Provincially Significant Woodlots.
There are several small creeks classified as Type 2 fish habitat by the Ministry of Natural Resources
(MNR). There is no floodplain mapping for these creeks, the proposed EPA designation will protect
a 15 metre buffer on both sides of the creeks in accordance with MNR guidelines.
The Willoughby Land Use Study has recommended the Niagara River be designated as EPA to
recognize it as an importartt fish and wildlife habitat area. The bank of the creek is currently designated
as EPA. Modifications to the Official Plan will be made to recognize the importance of the Niagara
River and its watershed and stating support for initiatives such as the Niagara River Remedial Action
Plan and Toxic Management Plan.
Natural Resources
As mentioned, significant natural features will be designated as Environmental Protection Areas.
However, there are many smaller locally significant woodlots within the study area. The Natural
Resource policies of the Official plan will be amended to ensure the integrity of locally significant rural
woodlots, hedgerows and creek systems are protected and that these features are properly integrated into
an), development.
November 26, 2001 - 5 - PD-2001-103
Severances
Currently, severance policies in the Willoughby Land Use Study area m-e limited to form related
severances since the area is classified as a Good General Agricultural area in the Regional Policy Plan.
It is recommended that within the Deferred Urban area, Rural Recreational area and Development Node
areas that fragmentation of land into small parcels be restricted. Within the deferred urban and
development node areas this will allow larger parcels to be available for properly planned futura urban
development. Within the Rural Recreational area it will maintain the Open Space Rural character,
provide for hobby fanning and facilitate the merger of parcels for recreational purposes. It is believed
severances, whereby both the severance and remnant parcels are a minimum of 10 hectares in size, will
meet these objectives. Allowing limited infilling severances, primarily one or two lots, between two
existing rural residential lots or a rural residential lot and watemottrse or road allowance is also seen
as a way of restricting sprawl and fragmentation while providing practical development opportunities.
It should be noted the extra residential development created by severance policies must demonstrate the
long term functioning of private sewage disposal.
CONCLUSION:
This report sets out a framework which provides the various land use designations proposed, their
associated boundaries, the types of development to be permitted and criteria to be met. Approval of this
framework will allow staff to develop more detailed policies and process an amendment to the City's
Official Plan to implement this framework. Further public input will be incorporated through the
processing of the planning amendments.
O.~ed by: t
Dave Heyworth
Planner 2
Respectfully submitted:
Edward P. Lustig '
Chief Administrative Officer
Recommended by:
Doug Darbyson
Director of Planning & Development
Approved by:
Executive Director of Corporate Services
DH:am
Attach.
FILE: S:~P DRY2001 h°D2001 - 103 .wpd 74
Schedule 1
Legend
Existing Envln~rcental
Pfote~on Areas
Existing Parlemly Residential
Pm, posed Deleted Urban
Proposed Rural Recreational
Proposed Estate Residenlial
Proposed Open Space
Proposed Developmenl Nodes
Proposed Environmental
Protection Arois
Urban Area Bound&roy
Proposed Willoughby
Designations
Scale: 1:45000
Planning & Development
Corporate Services Department
Planning & Development
4310 Queen Street
P.O. Box 1023
Niagara Falls, ON L2E 6X5
web site: www.city.niagarafalls.on.ca
Tel: (905) 35~-7521
Fax: (905) 356-2354
E-mall: planning@city,nlagarafalls.on.ca
Doug Darbyson
Director
PD-2001-$3
His Worship Mayor W. Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re: PD-2001-53, Willoughby Land Use Study
.RECOMMENDATION:
It is recommended that Council authorize staff to host an open house whereby the consultants
will present their findings and recommendations for the Willoughby Land Use Study.
BACKGROUND:
Hynde Pa~ul Associates was hired to undertake the Willoughby Land Use Study in order to determine
development opportunities and appropriate land use with corresponding policies within the former
Township of Willoughby south of Chippawa, between the QEW and Niagara Parkway. The study,
fundedby the City, Region and Niagara Parks Commission, was undertaken to address anticipated
development pressures and opportunities Eom the Niagara Parks Commission golf course
development.
Several meetings wore held with the consultants and staff Eom the three participating agencies to
discuss enneopts of land uses and corresponding policies, An Open House was conducted by the
consultants to obtain input from area property owners early in the process. The consultants have
prepared draft policies which outline the development concepts and provide some guidance for
development.
The basic development concepts are as follows:
I. Estate Residential Development
A designation will be established to provide for estate residential development. Axeas
identified as having potential for estate development are located along the Niagara Par!~way
as well as east of Willoughby Drive and north of Miller Road, adjacent to the ?arks
Commission golf course. Within these areas thore should be a range of lot sizes up to 5 acres
with a minimum lot area of 2.5 acres, The intent of the policies is to blend the development
with the rural landscape and natural features as much as possible.
Working Together to Serve Our Community
Clerk's · Finance · Human Resources · Informalion Systems · Legal Planning & Development
3une ll, 2001 - 2- PD-2001-$3
The policies propose some in-depth cul-dc,sao development 'off the Parkway. The
consultants have indicated these would be only isolated oppoxtunities for such development
along the Parkway. Thc estate Residential area would be designated as Rural in the Regional
Policy Plan.
Deferred Urban Area
Currently, the area south of Chippawa, north of Marshall Road b~wean the QEW and
Usshers Creek, is designated as Rural in the Regional Policy Plan. This Rural area is
identified for long term future urban boundary expansion and is to be designated Deferred
Urban in the Region and City's plans. Policies will be developed to protect those lands for
long term growth by minimizing land ~agrnentation or the establishment of new hvestock
operations so that urban expansion potential will not be encumbered.
QEW Nodal Development
The consultant proposes to delineate development nodes at the Lyon's Creek, Sodom Road
and Netherby Road interchanges with the QEW. These nodes would serve as "Gateways"
to take advantage of the QEW as an important transportation corridor linking the area with
other centres in the Region, Southem Ontario and United States Marke~s. These nodes could
capture tourist commercial, recreational, highway commercial or industrial uses subject to
Official Plan and Zoning amendments with Site Plan approval, planning policies would
limit short term development to private s~cvicing capabilities and provide for long term
expansion tied to the extension ofmban services. Any development must adequatelypmtect
environmental features ~nd address land use compatibility issues. These conceptual nodes
establish a "window of opportunity" to consider development around the interchanges.
Rural/Agricultural
The Rural/Agricnltural area refers to the lands lying outside of the Parkway and Estate
Residential Area, Deferred Urban Area and QBW Development Nodes and those lands
designated Environmental Protection. The cousultants propose that this area retain much of
its current character, permit agricultural activities (including greenhouses), agd-tourism uses
located on ihe same property as an agricultural operation, forestry, conservation, and existing
non-farm residential uses. Recreational commercial uses including golf courses, driving
ranges, campgrounds, small scale industrial and commercial uses and stand-alone agd-
tourism uses are listed by the consultant as possible uses which could be considered subject
to a zoning amendment to ensure they are compatible with the rural environment.
The consultant proposes that severances be permitted on a case by case basis to protect tho
rural environment and natural features. Non-farm residential development is proposed to be
permitted on an infilling basis only in this area.
June 1 l, 2001 - 3- PD-2001-53
5. Natural Features
The consultants propose amendments to the Environmental Protection Area (EPA) policies
to address Provincial Policy Statements. The consultant recommends specific woodlot
features greater than 40 hectares be designated as EPA's as well as Regionally Significant
Areas of Natural and scientific interest including the Waverly Woodlot, Willoughby Drive
Woodlot, Willoughby Marsh and Boyer's Creek Bush.
In addition to Environmental Protection Areas, the study also recommends the protection of
other natural features such as hedgerows which provide a linkage function and woodlots
between 10 hectares and 40 hectares (25 - 100 acres) in size. In these cases, woodlots should
be incorporated into the design of the development to the greatest extent possible through
tree preservation plans.
6. Servicing
The consultants conclude that the estate residential development be serviced by private
individual on-site systems. Communal sewage and water supply systems servicing
residential condomlnhun developments are also proposed by the relevant agencies. In
general, all development will depend on private services. The consultant proposes that the
extension of municipal sen, ices to nodal areas should bc considered over the long term to
optimize land use in these areas. Such consideration would be the subject of further study
between the City and Region.
The consultant is also proposing that where development within the Parkway and Estate
Residential and QEW interchange nodal areas is considered, traffic impact studies would be
required.
PUBLIC PROCESS AND COMMENTS:
The consultant has submitted a policy framework which provides a scenario us to the type of
development they envision for the study area. Staff is requesting that a public meeting be arranged
so that the consultant can present his findings to Council and the public in more detail. Once
comments are received and considered, staff can report to Council with appropriate
recommendations on the consultant's findings.
STAFF COMMENTS:
At this stage, staff feels there arc considerable wording refinements necessary to clarify and
strengthen drafi policies. It is also staWs opinion that further consideration may have to be given
to how the boundaries of estate residential development will be established. With so much
development potential being contemplated on private services it is important that such development
be sustainable over the long term and contingency measures be incorporated in the prooess.
June 11, 2001 - 4 - PD-2001-53
CONCLUSION:
The consultants have prepared a policy framework which can be presented to the public for
comment. Further policy refinement and issue deliberation is nec~sary, but public feedback would
be beneficial at this stage,
David Heyworth
Planner 2
Re~ectfiflly submitted:
Edward P. Lustig
Chief Adminis~'afivc Officer
Recommended by:
ug Datbyson
Director ofPlamaing & Development
.Approved by:,
o..~Tony Ra, venda
Executive Director of Corporate Services
DH:mn
Attach.
PILE: S:~PDK'O.00 I',P D2001 -$3.wpd
SCHEDULE2
Regional Policy Plan Amendment #170
Proposed Land Use and Conservation Policies
Willoughby Area
City of Niagara Falls
DPD 48-2002
,_.~ri110, 2002
Page 3
Planning and Deve opment Department
City of Niagara Falls
Urban Area
Chippawa
Navy
Island
River
Rexinger Road
Sauer Road
Legend
...... Existing "Urban
Area Boundary"
~ ,,P. roposed
'Deferred
Urban Area"
Proposed
"Environmental
Conservation
Area"
~roposed
Willoughby
Special
RuralArea"
Sodom Road
Serviced
Enterprise
District
Willow Road
City of Niagara Falls
Town of Fort Erie
Netherby Road
Douglastown
Townline Road
Corporate Services Department
T ..... .~A . Planning & Development
ne cl , or I lf, 4310 Queen Street
Niagoro FQIIS lJ~l~ P.O. Box 1023
Canada ~J~ Niagara Falls, ON . L2~ 6X5
TI~ web site: www.c~ty.magarafalls.on.ca
Tel.: (905) 356-7521
Fax: (905) 356-2354
E-maih planning@city.niagarafalls.on.ca
PD-2003-33
Doug Darbyson
Director
March 17, 2003
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re:
PD-2003-33, Request for Extension to Draft Plan Approval
West Meadow (Plan 2), 26T-11-9702
Owner: Wedgewood Builders of Niagara Ltd.
RECOMMENDATION:
It is recommended that Council support a one-year extension to draft plan approval for the West
Meadow (Plan 2) Plan of Subdivision, conditional on the applicant maintaining the appropriate
subdivision sign on the property for public information purposes.
BACKGROUND:
Conditions of the original draft plan approval for this subdivision indicate that final approval must
be obtained within three years or the draft approval will lapse. Before the initial approval period
passes, an extension to draft plan approval may be granted provided that a written request is received
from the applicant which sets out the reasons for the delay and the steps being taken to resolve the
required conditions of approval.
In order to ensure that draft plans are not automatically extended without consideration being given
to current Council policy, planning principles and contemporary requirements, requests for
extensions of draft plan approval must satisfy certain criteria and review guidelines. As part of the
conditions associated with the delegation of subdivision approval authority, the concurrence of the
Region is required before an extension can be granted.
Planning Review
In a letter received March 13, 2003, the developer submitted a request for an extension to draft
approval of the West Meadow (Plan 2) Plan of Subdivision (see attached letter and location map).
Original draft approval for the plan was received from the City on December 30, 1997. A previous
request was granted by Council to extend draft plan approval for the subdivision. In addition, staff
granted a temporary extension as the anniversary of the formal approval date has passed and to allow
the submission and review of a request.
Working Together to Serve Our Community
Clerks · Finance Human Resources · Information Systems Legal · Planning & Development
March 17, 2003 - 2 - PD-2003-33
The subdivision conforms to the City's Official Plan and is zoned appropriately. The plan consists
of 11 single-detached lots on a cul-de-sac roadway. There are no additional municipal expenditures
required for external or internal servicing or oversizing. The Region has no objection to the
extension of draft approval for a one-year period. The developer has indicated that they are not ready
to proceed with the subdivision at this time.
The final registration of this subdivision plan, as well as others in the City, may potentially be
delayed due to servicing requirements. Niagara Falls and the Ministry of Environment (MOE) have
a development strategy in place that permits development to proceed City-wide on the basis that the
City's annual sewer program results in a net decrease in sewage flows. The City's sewer separation
program has been suspended which affects this City/MOE development strategy. Therefore, all
developments must be reviewed individually to determine their impact on localized sewage
overflows or basement flooding.
CONCLUSION:
Based on this review, a further one-year extension (until December 30, 2003) to draft plan approval
can be supported, conditional on the subdivision sign being maintained for public information
purposes.
Prepared by:
Richard Wilson
Planner 2
Respect fully sub~rnitted2 ~,
fJ John MacDonald
~/' Chief Administrative Officer
RecoInmended by:
Director of Planning & Development
Approved by:
T. Ravenda
Executive Director of Corporate Services
RW:tc
Attach.
S:~PDRX2003h°D2003-33, West Meadow Pin2 Ext Dft Pin Approval.wpd
H 0 M E S
J j Planning
City of Niagara Falls
4310 Queen St.
lqiagara Falls, Ontario
Planning and Developmem
,~ttention: Mr. D, Darbyson
January 5, 2003.
Dear Sir:
Further to your letter dated December 23, 2002 we wish to formally apply for a 1 year extenfion of draft
plan approval for West Meadow (Plan 2) 26T-11-9702 as we are not ready to proceed at this time.
Yours,~,i~sincerely'
Donna Walters
Per: Wedgewood Builders of bFmgara Limited
8053 Post Road
Niagara Falls, Ontario
L2H 2L2
(905) 356-2820
RECEIVED
4AR 3 2003
PLANNING
DEVELOPMENT
Draft Plan of Subdivision
West Meadow (Plan 2)
26T-11-9702
Location Map
Subject Land
l: NTS
The City of
Niagara Fails JJj
I -
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-maih
(905) 356-7521
(905) 356-2354
planning@city.niagarafalls.on.ca
PD-2003-34
Doug Darbyson
Director
March 17, 2003
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re:
PD-2003-34, Request for Removal of Part Lot Control
Part of Block 99 and Closed Portion of Domenic Crescent
Registered Plan 59M-92, Calaguiro Estates (Phase 2)
Applicant: Kybala Ventures Inc.
RECOMMENDATION:
It is recommended that:
1)
Council repeal By-law No. 2003-45, being a by-law designating certain land within the
subdivision as exempt from part lot control;
2)
Council approve the request and pass a new consolidated by-law to designate the land
identified in By-law No. 2003-45 (Lots 8 to 12 inclusive and Lot 23), part of Block 99 and
the closed portion of Domenic Crescent, Registered Plan 59M-92, as exempt from part lot
control; and
3)
the applicant be required to notify the City when the separate deeds as described on Schedule
2 of this report have been registered.
BACKGROUND:
Council adopted the recommendation of report PD-2003-25 (attached) on March 3, 2003 and passed
By-law No. 2003-45 to remove Lots 8 to 12 (inclusive) and Lot 23, Registered Plan 59M-92, from
part lot control. This process enables the division of land within a registered plan of subdivision for
the minor redesign of lots or the separation of semi-detached or on-street townhouse units. Approval
of a part lot control by-law is required to legally establish new property lines in a section of the
Calaguiro Estates (Phase 2) subdivision that is proposed to be relotted for slightly smaller estate-
sized lots. These proposed new lots comply with the Residential Single Family (R1A) zoning
provisions of site specific By-law No. 2001-134. This reconfigured area of the plan combines
existing lots, surplus City parkland sold to the developer in July 2002 and the closed portion of the
realigned Domenic Crescent.
Working Together to Serve Our Community
Clerks Finance Human Resources Information Systems Legal · Planning & Development
March 17, 2003 - 2 - PD-2003-34
The applicant's solicitor submitted the attached letter dated March 10, 2003 requesting that
additional land within the subdivision be removed from part lot control (see Schedule 1). An extract
from Reference Plan 59R-11579 (Schedule 2) illustrates the proposed configuration in this area and
shows the subject land shaded. This land was transferred by the City to the applicant as individual
parts described on the Reference Plan to facilitate the development. However, these parcels have
now legally merged in title under the same ownership name. Approval of a part lot control by-law
is also required for this merged land to allow it to be divided as originally intended when the City
sold the land.
In order to accommodate this request, staffrecommend that By-law No. 2003-45 be repealed and a
new consolidated part lot control by-law be passed covering all of the affected land within the
subdivision. A consolidated by-law will assist with the administration of the part lot control process
for the municipality and the Land Registry Office.
CONCLUSION:
The removal of part lot control will permit the division of the subject land in combination with
abutting property in the plan previously granted such approval. A consolidated by-law for Lots 8
to 12 (inclusive), Lot 23, part of Block 99 and the closed portion of Domenic Crescent is proposed.
If Council approves the recommendation of this report, the by-law to repeal the original by-law and
designate all affected land as exempt from part lot control is included in tonight's Council agenda.
The registration of this by-law is required forthwith to allow the completion of scheduled sales.
Prepared by:
Richard Wilson
Planner 2
~tfillly ~
John MacDonald ~,
Chief Administrative Officer
Recommended by:
Doug Darbyson
Director of Planning & Development
Approved by:
T. Ravenda
Executive Director of Corporate Services
RW:gd
Attach.
SSPDR~2003\PD2003-34, Kybala, Part Lot ControLwpd
A~EA CODE 905
TEEEPHONE 588-8818
P.O. BOX 489
LOR lBO
City of Niagara Falls,
Planning Depamnent,
4310 Queen Street,
Niagara Falls, Oalario L2B 6X5
CANADA
March 10, 2003
Attention: Rick Wilson -Planuer 2
And to:
City of Niagara Falls,
Legal Services Department,
4310 Queen Street, P.O. Box 1023,
Niag~za Falls, Ontario L2B 6X.5
Attention: Mary Morrone -
Assistant to the City Solicitor
~4AR ~ B 2003
PLANNING
Dear Sir/Madam:
RE: PART LOT CONTROL EXEIVIFrlON BY-LAW '~003--45
CALAGUIRO ESTATES P~SE ~
I h~ve re~ ~e pro~sio~ of Se~on 50(5) of thc Piing Act ~d ~vise ~at ~e re~nQy
ma~ By-Law 2003~5 cov~ &e ~ts 8, 9, 10, 11 ~ 12 on Plan M-92 own~ by th~ Applicmt, Kyb~a
V~ ~c.; ~ Pa~ Lot ConSol Exemption By. Law is also req~refl for ~e ~ds acqu~ed from ~e
Ci~ of Niagara Fa~s berg P~ of Blo~ 99 on Plan M-SZ desi~ted as Parts: 13, 1~ 18~ 19~ 21, 22, 23,
24, 25, 26 & 27 on Plan 59R-11579 and Part of Dome~c Crescent desi~ated as P~s: 8, 11, 31 & 3Z on
Plan 59R-~579; o~se, ~e Applic~t ~I1 not be able to sell ~e re-re~nfi~ lots ~o ~ird ?~ies
v~out eon~ave~g ~e pro~sio~ of S~fien 50(5) of~e Pl~g Act
Therefor, wo~d you pl~e eider amend By-Law 2003~5 to include Parts of Block 88 and
Dome~e ~es~t desi~.at~ ~ P~s: 8, 11, 13, 15, 18, 19, 21, 22, 23, 24, 25, 26, 27, 31, 32 & 33 onPI~
59K-11579, or ~act another Exemption By-Law to cov~ Pa~ of Block 99 md Dome~e Cr~nt as
desi~mt~ above. Plmse note ~t each of thee re-~nfig~ lots have been ~asolidat~ ruder the PINs
~om on ~e enclos~ ~ehedule (2 pages).
I will appre~ate yo~ assist~ in ~p~ifing ~s ma~er by the next Council Mee~ wkiah I
und~stand is svh~ul~ for M~ch 17~ 2003.
MG¥/iy
Ei~ct.
c.c.: Mark Basciano
I thank you for yom' anticipated cooperation.
Yours truly,
Per: Meaty G,~Van~y~
Removal of Part Lot Control
SCHEDULE 1
Calaguiro Estates (Phase 2)
Part of Block 99 and Closed Portion of Domenic Crescent
Registered Plan 59M-92
Location Map
Subject Land ~ ®
I :NTS
DOMEIxflC
CANADIAN
PART 5
pART
PART
PART
NATIONAL
PART 14
35
RAIL}rAy
PART 17
pART 37
PART 20-
Corporate Services Department
PD-2003-25
The City of
Niagara Fall
Canada
Planning & Development
4310 Queen Street
P.O. Box 1023
Niagara Falls, ON L2E 6×5
web site: www.city.niagarafalls.on.ca
Tel.:
Fax:
E-mail:
(905) 356-7521
(905) 356-7404
planning@city.niagarafalls .on .ca
Doug Darbyson
Director
March 3, 2003
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re:
PD~2003-25, Request for Removal of Part Lot Control
Lots 8 to 12 (Inclusive) and 23, Registered Plan 59M-92
Calaguiro Estates (Phase 2)
Applicant: Kybala Ventures Inc.
RECOMMENDATION:
It is recommended that:
1)
Council approve the request and pass the by-law to designate Lots 8 to 12 (inclusive) and 23,
Registered Plan 59M-92, as exempt from Part Lot Control; and
2)
the applicant be required to notify the City when the separate deeds as described in this report
have been registered.
BACKGROUND:
In a letter dated February 20, 2003, the applicant's solicitor submitted a request to remove properties
on the north and south side of Domenic Crescent and the northwest side of Cathadne Crescent from
Part Lot Control (see attached letter and location map - Schedule 1). This process enables the
division of lots or blocks within a registered plan of subdivision. The general intent of removing
Part Lot Control is for the minor redesign of subdivision lots or the separation of semi-detached or
on-street townhouse units.
The subject land is within the Calaguiro Estates plan of subdivision which was.registered in 1981.
The construction of dwellings in the first phase of the plan (January Drive and Cfirmella Place) was
completed several years ago. The majority of the undeveloped portion of the subdivision (Phase 2)
is to be built with no changes to the original layout. A section of the plan is proposed to be relotted
for slightly smaller estate-sized lots in combination with surplus City parkland that was sold to the
developer and a redesigned stormwater management area. The attached extract from Reference Plan
59R-11579 (Schedule 2) illustrates the proposed configuration in this area which includes the subject
land (shown shaded). Overall, the revisions result in an additional 6 lots in the plan. Approval of
the Part Lot Control by-law is required so that new property lines can legally be created on the
identified lots.
WorMng Together to Serve Our CommuniO~
Clerks · Finance Human Resources · Information Systems · Legal Planning & Development
March 3, 2003
-2-
PD-2003-25
The developer submitted a rezoning application (AM-09/2001) for reductions to the lot frontage and
lot area requirements in the relotted section of the subdivision, and also to impose greater zoning
standards (i.e. sideyard setbacks, two-vehicle garages, minimum dwelling floor area) in the entire
plan to better reflect the estate residential development. Council adopted amending By-law 2001-
134 for these requested zoning changes in July 2001.
This by-law was appealed by CN Rail, in part, due to concems regarding residential developments
abutting railway lines and new standards that were not addressed in the original 1981 subdivision
agreement. The applicant and City staffhave been working with CN Rail over the past one and a
half years to resolve the appeal. A revised subdivision agreement was registered in July 2002 to
address all City requirements and includes current CN Rail conditions for safety and noise/vibration
mitigation. The developer has also entered into a separate agreement with CN Rail.
The Ontario Municipal Board formally notified the City last week that CN Rail has withdrawn the
zoning appeal. Therefore, the new Residential Single Family (R1A) zoning regulations of By-law
2001-134 are now in force. The proposed reconfigured lots with reduced frontage and lot area
comply with the new minimum zoning standards and the Part Lot Control by-law can be passed.
CONCLUSION:
The removal of Part Lot Control will permit the division of the subject land which will be combined
with abutting propertyin the Plan. The development has proceeded through various public approvals
under the Planning Act and Municipal Act. The use of the Part Lot Control mechanism is acceptable
in this case. Staff confirmed with the developer's solicitor that approval is not needed for Lot 3 that
was altered to accommodate a municipal sewage pumping station.
If Council approves the recommendation of this report, the by-law to designate the land as exempt
from Part Lot Control is included in tonight's Council agenda. The registration of this by-law is
required forthwith to allow the completion of sales scheduled to close on March 7, 2003.
Richard Wilson
Planner 2
Respec. tfully submitted:
Recommended by:
~_,~ Doug Darbyson
Director of Planning & Development
Approved by;
T. Ravenda
Executive Director of Corporate Services
RW:gd
Attach.
S:~PDR~2003~PD2003-25 Part Lot Control, Calaguiro Estates (Phase 2).wpd
~f~ B.A. (KAND) LL.B. (Lond) LL.I~ (York)
BAKI~STISR SOL[CITOK . NOTARY
City of Niagara Falls,
4310 Queen Street,
Niagara Falls, Omario
L2E 6X5
AREA OODE 905
TELEPHONE $698818
FAX 583-7750
P.O, BOX 4B9
LOR 1BO
CANADA
Febraary 20, 2003
Attention: Rick Wilson,
City Planner
Dear Mr. Wilson:
RE: MATTER:
OWNER:
APPEAL BY CN OVER ZONING BY~LAW 2001-134
CALAGUIRO ESTATES PHASE 2 SUBDI~rISION M-92
KYBALA VENTURES INC.
I understand that you have now received written ~onfirmation fi.om the CN Railway Company
(Mr. Geoff Woods) dated February 19th, 2003 withdrawing its appeal of the Zoning By-Law No. 2001-134
affecting the above noted property.
Therefore, would you kindly proceed with my client's request to have Council enact a By-Law
to exempt fi'om Part Lot Control Lots: 3, 8, 9, 10, I l, 12 and 23 on Plan M-92 so that we may give effect to
the provisions of the Subdivision Agreement regulating Phase 2.
This matter is urgent because of impending sales of these lots that have now been re-scheduled
for March 7th, 2003.
I look forward to your cooperation and assistance in expediting this matter.
Thauk you.
Yours truly,
MGV/iy
c.c.: GeoffHolman (1-905-356-2354)
c.c.: Mark Basciano (905 688-5524)
c.c.: John Conlin (905-563-1990)
Per: , . P
/ 'RECE'IvED
FEB 2 O 2003
PLANNING
& DEVELOPMENT
SCHEDULE 1
Removal of Part Lot Control
Calaguiro Estates (Phase 2)
Lots 8 to 12 (inclusive) and 23, Registered Plan 59M-92
Location Map
Subject Land
I :NTSI
DOME]~IC
LOT 5
PART 11
/
I
/
TOWNsHip O?
NATIONAL
STAMFORD
RAIL]fAy
PART
PART 17
PART
27
PART 22
March 7, 2003
NIAGARA CATHOLIC
DISTRICT SCHOOL BOARD
~h~. F~LS CL~.RkS Oo U.sI_ 10 !0,11
City of Niagara Falls
City Hall
4310 Queen Street
Niagara Falls, Ontario L2E 6X5
Attention: Dean Iorfida, Clerks Department
Dear Mayor and Members of Council,
RE: CONSTRUCTION OF A PARKING LOT AT L. B. PEARSON PARK
An Ontario Early Years Centre (EYC) was opened last April at Mary Ward School,
located at 2999 Dorchester Road, to serve the community in Niagara Falls.
With the opening of the EYC, we have experienced an increase in traffic to the
Mary Ward School site along with the associated demand for parking. The Board
and the EYC are in need of additional parking over and above that presently
available on site. Immediately adjacent to Mary Ward, on Dorchester Road, is L. B.
Pearson Park.
I would like to suggest the possibility of a partnership between the City, the Niagara
Catholic District School Board, and the EYC in developing and sharing the cost of
constructing parking facilities at the park. The advantage to the City would be the
improved parking that would be available for users of the park beyond that provided
by the existing asphalt driveway (please see enclosed site plan). The Board and
the EYC would fund the 'hard' construction cost of the parking lot at L. B. Pearson
Park. Would the City, as a partner, be willing to contribute the design, tendering,
and construction contract administration of the work? The EYC must commit to this
project by the end of March so as not to lose the funds that are presently available
to it for that purpose. By having the necessary partners in place, our shared goal is
to have the parking lot ready for use by the end of August of this year.
The Board and the EYC have a combined allocation of $40,000 ($20,000 each)
towards this project. We are seeking approval of this request by Council.
pLAN, NING MEETI~R~ t ? 2003
427 Rice Road, Welland. Ontario L3C 7C1
Telephone 905-735-0240 Facsimile 905-734 8828 Email: info@ncdsb com
www niagararc.com
Angelo V. Di tanni, Director of Education / Secretary Treasurer
I would like to thank you for your consideration of this matter. Should you or City
Staff have any questions regarding this proposal, my Controller of Plant Services,
Thomas Saint-lvany ((905) 735-0240 extension 230) is available to provide or
coordinate a reply.
Yours truly,
An Di lanni
Director of Education
Enclosure: 1
CC:
Bill Walter, Superintendent of Education - School Services
Thomas Saint-lvany, Controller of Plant Services
Donna Dalgleish, Co-ordinator Early Years Centre
Adele Kon, Director of Parks & Recreation & Culture
2
EXISTING CONDITION
Residential
6 14
5 15
Mary Ward
Catholic School
50
49
48
47
45
29 . 40
16 27 30 * " 39
17 26 Stnff-- * 38
i 19 36
20 '
23 34 35
21
0
0
Residential
Coho8 at
Crosswalk
(both sides)
Mary Ward Staff 29
EYC Staff _~5
TOTAL Staff 34
Current total parking available = 50
Difference (+16) for school parents, visitors
and EYC parents, visitors
NORTH
NOT TO SCALE
March 6, 2003
The Regional Municipality of Niagara
2751 Fifth Street Louth, R.R. #1
St. Catharines, Ontario L2R 6P7
Telephone: 905-682-8457
Facsimile: 905-937-4744
E-Mail Address: brian.mcmullan~reclional.niaclara.on.ca
Mayor Wayne Thomson
and Members of Council
City of Niagara Falls
4310 Queen Street
Niagara Falls, Ontario
L2E 6X5
Attention: Mr. Dean Iorfida, Clerk
In the last quarter of 2002, Regional Council initiated a process to reshape Regional
Council. The first phase of that process was to address a representation inequity for the
Town of Pelham by creating one additional council position to represent the town. That
action was supported by area municipal councils - through the triple majority provisions in
the Municipal Act - in December of 2002, and will be implemented in the municipal
elections to be conducted in November 2003.
The second phase of the reshaping process was the creation of a council committee to
address the long term adjustments to the composition of Regional Council. The
Reshaping the Council of Regional Niagara Committee has met three times since its
creation and is shaping its final report, which Regional Council has mandated to be
delivered by June 2003, and that changes take effect for the 2006 Municipal Elections.
As par[ of this process, we've been asked to survey municipalities to gauge the
viewpoints of area councils.
Accordingly, we would ask that your municipal council provide a comment on the
following questions:
a)
b)
c)
d)
Should Mayors continue to be members of Regional Council and
Should Regional Councillors be directly elected from Regional wards; and
Should the election of Regional Councillors be based on representation by
population; and
Should the total number of members of Council should be less than 30.
PLAI tNG EETING. NAR 1 ? ?.l)I)3 _
-2-
The Committee will meet next in early to mid-April and will consider the input of your
Council at that time. Please address your comment to the attention of the Reshaping the
Council of Regional Niagara Committee and send them to the Office of the Regional
Clerk, 2201 St. David's Rd. W., Thorold, Ontario L2V 4T7.
If you have any questions, please contact me at the number indicated above, or our
Regional Clerk, Mr. Rod Hollick at extension 3217.
Thank you for your co-operation.
Yours truly,
Brian McMullan, Chair
Reshaping the Council of Regional Niagara Committee
cc: Committee members
N agaraF 5
Board of Management
February 22, 2003
~I~ FPLL$ CLEI~,$ '03 0~ 10:~)Tel.: (905)354-0606
P.O. Box 5, Fax: (905) 354-5541
Niagara Fails, Ontario dbia@on.aibn.com
L2E 6S8 www.downtownniagarafalls.com
Mr. Dean Iorfida,
City Clerk,
Niagara Falls City Hall,
4310 Queen Street,
P.O. Box 1023,
Niagara Falls, ON
Dear Mr. IonSda:
As per our recent Annual General Meeting, held Thursday February 13,2003, we
are pleased to proffer the attached budget as laid out and approved by the
members for the year 2003.
Please contact me at (905) 356-7695 if you have any questions or concerns.
Sincerely,
Joe Amodeo,
Chairman.
Ja~c
pLA~iNING MEE%qG.__ HAR 1 7 7.003
Downtown Niagara Falls: Where Variety Makes the Difference
Niagara Falls Downtown
Board of Management
2003 Budget
Advertising & Promotion
Beautification
Staff Wages
Liability Insurance
Rent
Postage, Copying, Phone, Office
Professional Fees
Meeting Expense
Misc.
Total
25,300.00
19,000.00
6,000.00
3,500.00
2,400.00
1,500.00
1,000.00
800.00
500.00
$60,000.00
N agaraFan$
Board o£ Management
P.O. Box 5,
Niagara Falls, Ontario
L2E 6S8
Tel.: (905) 354-0606
Fax: (905) 354-5541
dbia@on.aibn.com
www.downtownniagarafalls.com
February 22, 2003
The City of Niagara Falls,
4310 Queen Street,
P.O. Box 1023,
Niagara Falls, ON
L2E 6X5
His Worship Mayor Wayne Thomson
And Members of the Municipal Council
City of Niagara Falls, Ontario
Respectfully, we would like to put forth the following names to serve as board members
on the Niagara Falls Downtown Board of Management
Carmen Tarlaglia
Sal Di Pietro
Both of the gentlemen listed above are property owners in the BIA area.
These new members will replace positions that were left open with the resignations of
Phyllis Toto, Gordon Wyllie and Paul Juliar.
If there is any reason these members cannot be accepted, please contact our office as soon
as possible.
Sincerely,
Joe Amodeo,
Chairman.
JaJjc
Downtown Niagara Fails: Where Variety Makes the Difference
Fresh Air
serving children since 1877
633 third avenue
nsw york, ny 10017
www.freshair.otg
Febmary 13, 2003
Mayor Wayne Thomson
Mayor's Office
4310 Queens St.
Niagara Falls, Ontario L2E6X5
Dear Mayor Thomson:
This year, The Fresh Air Fund is continuing its 126-year-old tradition of providing free
summer vacations in the country to underprivileged children from New York City. This
summer, nearly 6,000 boys and girls between the ages of six and 18 will participate in the
Friendly Town Program. They will visit the homes of volunteer host families living in
rural and suburban communities throughout 13 northeastern states and Canada.
Hundreds of New York City youngsters will be visiting volunteer host families in and
around the Niagara Falls, Ontario area.
Since 1877, The Fresh Air Fund has provided free country vacations to more than 1.7
million disadvantaged youngsters. Fresh Air Fund children leave hot city streets behind
for two weeks of simple summertime fun - running through grassy fields, swimming in
country lakes, catching fireflies at dusk, and sleeping under skies filled with stars. For
many of these children, a free Fresh Air vacation is their frrst experience away from the
inner-city. More than 65% of Fresh Air Fund youngsters return to visit host families year
after year.
There are many more New York City youngsters who can benefit from summer days
spent in suburban and small town communities. We would greatly appreciate your help
with reaching out to families who mieht enjoy hosting Fresh Air Fund children this
summer by proclaiming "Fresh Air Fund Day in Niagara Falls" on March 20, 2003. Your
participation will be a great help to the host recruitment efforts of our volunteer leaders in
your state.
Enclosed please find a sample proclamation and background materials for your review.
Thank you for your time and consideration.
Sincerely,
Jenny Morgenthau
Executive Director
Deanna Rudyk
Port Colbome
(905) 835-1656
OFFICERS
Arthur Ochs Sulzberger, Chairman Emeritus
Mrs. Donald Newhouse, Chairman of the Soard
Sharon Saul Davis, President
Ruth W. Houghton, Vice President
John N. Irwin III, Vice President
Winthrop Ruthedurd, Jr., Secretary
Derrick D. Cephas, Treasurer
DIRECTORS
Tom A. Bernstein
Mariah Carey
John G. Davis
Barbaralee Diamonstein-Spielvogel
Wendy R, Flanagan
Simon P. Gourdine
C. Stephen Heard, Jr.
Tommy Hilfiger
Mrs. Elston Gene Howard
Howard B. Johnson
Judith A. Langan
Joseph J. Magliocco
Eugene R, McGtath
Katherine M. Morris
Kenneth E Mountcastle, Jr.
Caryn NathanSon
Robert L. Pre.man
Brandon Reid
Jacqueline Atbert Simon
Sidney SuRer
Stuafl B Upson
Marc E Weill
Janice Savin Williams
LIFE DIRECTORS
Mrs H Lawrence Bogert
Whitelaw Re~d
EXECUTIVE D~RECTOR
Jenny Morgenthau
t 800 367 0003
f 212 681 0146
]'he Cily of
Niagara Falls
Canada
Corporate Services Department
Finance
4310 Queen Street
P.O. Box 1023
Niagara Falls, ON L2E 6X5
Web site: www.city.niagarafalls.on.ca
Tel;
Fax:
E-maih
(905) 356-7521
(905) 356-2016
kbu rden@city,niagarafalls.on.ca
F-2003-10
Kenneth E. Burden
Director
March 17, 2003
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re: F-2003-10 - 2002 Annual Statement of Remuneration and Expenses
RECOMMENDATION:
For the information of the Municipal Council.
BACKGROUND:
The attached statement of remuneration and expenses for the year ending December 31, 2002 has
been prepared pursuant to sections 283 and 284 of the Municipal Act (RSO, 2001 Chapter 25).
A breakdown of remuneration and expenses by member for City Council, and various bodies and
local boards is provided in the attached statements. A summary for 2002 is provided below:
SUMMARY:
Remuneration Expenses Total
Council $266,664.74 $36,824.40 $303,489.14
Committee of
Adjustment 4,170.00 1,879.11 6,049.11
Niagara Falls Transit
Commission 7,800.00 1,483.91 9,283.91
Library Board 400.00 400.00
Arts & Culture
Commission 49.07 49.07
Working Together to Serve Our Community
Clerks * Finance · Human Resources · Information Systems · Legal · Planning
M arch 17, 2003 - 2 - F-2003-10
by:
K.E. Burden
Director of Finance
Respectfully submitted:
John Ma~cD~
~Administrative Officer
Approved by:
T. Ravenda
Executive Director of Corporate Services
March 17, 2003 - 3 - F-2003-10
2002 STATEMENT OF REMUNERATION AND EXPENSES
NIAGARA FALLS CITY COUNCIL
Expense Total
Travel/ Conferences Allowance
Alderman Remuneration Contingency
Campbell, W. $16,637.95 $1,711.32 $500.00 $18,849.27
Craitor, K. 16,637.95 2,500.97 500.00 19,638.92
Federow, A. 16,637.95 1,456.35 500.00 18,594.30
Feren, K. 16,637.95 500.00 17,137.95
Fisher, S. 16,637.95 393.00 17,030.95
Hcndcrshot, G. 4,159.43 4,159.43
Ioannoni, C. 16,637.95 4,306.27 164.00 21,108.22
Janvary-Pool, P. 11,554.21 11,554.21
Orr, J. 16,637.95 16,637.95
Pictrangelo, V. 16,637.95 1,658.90 500.00 18,796.85
Puttick, N. 16,637.95 4,683.88 263.97 21,585.80
Thomson, W. 67,933.65 13,700.00 1,037.01 82,670.66
Volpatti, S. 16,637.95 1,948.73 500.00 19,086.68
Wing, J. 16,637.95 16,637.95
TOTAL $266,664.74 $13,700.00 $19,303.43 $3,820.97 $303,489.14
March 17, 2003 - 4 - F-2003-10
2002 STATEMENT OF REMUNERATION AND EXPENSES
COMMITTEE OF ADJUSTMENT
Member Remuneration Expenses Total
Antonio, C. $900.00 303.00 $900.00
Collinson, J. 1,080.00 75.45 1,080.00
Hiebert, J. 1,100.00 1,171.19 1,775.29
Prata, G. 1,090.00 329.47 1,090.00
TOTAL $4,170.00 $1,879.11 $4,845.29
March '17, 2003 - $ - F-2003-10
2002 STATEMENT OF REMUNERATION AND EXPENSES
NIAGARA FALLS TRANSIT COMMISSION
Member Remuneration Expenses Total
Di Giacomo, T. $1,500.00 $412.00 $1,912.00
Maves, B. 1,800.00 521.79 2,321.79
Planche, R. 1,500.00 176.37 1,676.37
Salci, T. 1,500.00 373.75 1,873.75
Thomson, W. 1,500.00 1,500.00
TOTAL $7,800.00 $1,483.91 $9,283.91
March 17, 2003 - 6 - F-2003-10
2002 STATEMENT OF EXPENSES
LIBRARY BOARD
Member Expenses Total
Piscitelli, R. $400.00 $400.00
TOTAL $400.00 $400.00
M arch 17, 2003 - 7 - F-2003-10
2002 STATEMENT OF EXPENSES
ARTS AND CULTURE COMMISSION
Member Expenses Total
Cowlishaw, C. $25.00 $25.00
Legge, D. 24.07 24.07
TOTAL $49.07 $49.07
Corporate Services Department
~/a Finance Division
The City of licit 4310 Queen Street
Niagara Falls JJ~lJ' P.O, Box 1023
A -a Yi~ Niagara Falls, ON L2E 6X5
(~ana~J~' web site: www.city.niagarafalls.on.ca
'~11~~~' I -- Tel.: (905)356-7521
Fax: {905) 356-2016
E-mail: kbu rden@city.niagarafalls,on,ca
F-2003-11
Kenneth E. Burden
Director
March 17, 2003
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
M emb er s:
Re: F-2003-11 - Municipal Accounts
RECOMMENDATION:
That the Municipal Council approve the municipal ac'counts totalling $7,008,634.89 for the period
ending March 17, 2003.
BACKGROUND:
The accounts have been reviewed by the Director of Finance and the by-law authorizing payment
]s hsted on tomght Council agenda.
Recommended by:
K. E. Burden
Director of Finance
Respectfully subt~nittedl:/
cDonald
Chief Administrative Officer
Approved by:
T. Ravenda
Executive Director of Corporate Services
Working Together to Serve Our Community
Clerks · Finance Human Resoumes Information Systems Legal · Planning & Development
Con 2 J
Corporate Services Department
Human Resources
4310 Queen Street
P.O. Box 1023
Niagara Fails, ON L2E 6X5
web site: www.city.niagarafalls.on .ca
Tel.:
Fax:
E-maih
(905) 356-7521
(905) 356-7404
travenda@city.niagarafalls.on.ca
CPS-2003-02
Tony Ravenda
Executive Director
March 17, 2003
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re: CPS-2003-02 - Explanation Regarding Money By-Law 2003-10
RECOMMENDATION:
For the information of Council.
BACKGROUND:
At the Council meeting on March 3, 2003 an inquiry was made by a Member of Council requesting
clarification regarding a number of cheques which appeared on the Money By-law for the period
ending January 13, 2003.
The cheques were listed as follows:
272747 Chippawa Citizens Committee $125.00 Contribution
272685 Station #4 Volunteer Fire $125.00 Contribution
272686 Station #5 Volunteer Fire $125.00 Contribution
272688 Station #6 Volunteer Fire $125.00 Contribution
At the direction of Alderman Federow and as part of his 2002 Aldermanic Expense Allowance, Staff
issued four cheques to the above listed groups.
Recommended & Approved by:
Tony Ravenda
Executive Director of Corporate Services
Respectfully submitted:
John MacDonald
Chief Administrative Officer
TR:hm
Working Together to Serve Our Community
Clerks Finance · Human Resources Information Systems Legal Planning & Development
The City of
Niagara Falls
Canada
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
Fax:
E-mail:
(905) 356-7521
(905) 356-7404
diodida@city.niagarafalls.on.ca
CD-2003-08
Dean Iorfida
City Clerk
March 17, 2003
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re:
CD-2003-08 Deputations and Senior Staff Attendance
at Council Meetings
RECOMMENDATION:
For the information and direction of Council.
BACKGROUND:
At the February 3, 2003 Council meeting, the following motion was passed:
Following some discussion, it was ORDERED on the motion of Alderman Puttick, seconded
by Alderman Volpatti, that a report be brought to Council on the feasibility of having
deputations scheduled at the end of the Council agenda. Carried Unanimously.
In addition, at a subsequent meeting, Alderman Puttick questioned whether it was necessary for all
of Senior Staff to be present at Council meetings.
Types of Deputations
It could be stated that this Council deals with two types of deputations. There are the deputations
that are more of a community interest/public relations-type, i.e., the Cancer Society coming to
Council informing the public about their activities and requesting a proclamation. These types of
deputations require very little time.
The second type of deputation is when an individual or group comes to Council to air a concern.
These concerns may or may not be "political". These types of deputations occasionally take more
Working Together to Serve Our Community
Clerks Finance · Human Resources Information Systems · Legal · Planning & Development
- 2 - CD-2003-08
of Council's time. Although deputations are to be ten minutes, the matter often takes longer when
staffis called upon to respond or rebut statements made by the speaker.
Process
The proceedings of the Municipal Council of the City of Niagara Falls are governed by By-law 89-
155, the Standing Rules of Council (commonly referred to as the Procedural by-law). Rule 9 sets
out the "Order of Business". Deputations am second on the order of business after Adoption of
Minutes but there is no rule that mandates that deputations have to be in a specific spot or order on
the Agenda. It is assumed that the decision to place deputations or presentations early in the agenda
was so that members of the public, who were involved in these deputations, would not have to wait
around while Council dealt with other business at hand.
If it was Council's wish to change the Order of Business, By-law 89-155 would have to be amended.
Section 238 (4) of the MunicipalAct 2001 requires that before passing (amending) a Procedure By-
law a municipality shall give notice of its intention to pass such a by-law.
It may be in Council's interests to have staffreview its existing Standing Rules of Council. The by-
law was passed in 1989 and, as a result, the current practices of Council are not necessarily,
accurately reflected in the Standing Rules. Also, although deputations are listed under Rule 9, there
is not much additional direction on the process for deputations.
If Council decides that it is warranted to revamp the Standing Rules of Council, it will have to make
a decision whether it wants to do so now, beating in mind that there will be a new, and smaller,
Council in place after the upcoming municipal election.
Other Municipalitie.,
Obviously, it is prudent to look at the practice of other municipalities. The writer did a cursory
investigation examining the Procedural By-laws of Toronto, Burlington, Richmond Hill, Kitchener
and Thunder Bay (these municipalities were chosen because their procedural by-laws were easily
accessible through the Internet).
Most of the aforementioned municipalities had some form of deputation listed in their orders of
business, sometimes referred to as Delegations or Presentations. In most cases, these delegations
were listed early in the proceedings, usually after the anthem or prayer, disclosures, adoption of
minutes and other miscellaneous announcements. In some cases, communications or even
discussions of whether any items should be removed from the consent agenda preceded deputations.
Despite the order of business, various municipalities encourage deputations to occur in a Committee
of Council. The obvious benefit of having such matters in Committee is that if it is a complex or
contentious issue, time will not be wasted in open Council on matters that could have been dealt with
or resolved in another forum prior to coming to Council.
There are two important caveats to bear in mind when considering having deputations at a
Committee of Council: the deputation may still be repeated at Council, especially if the individual
or group is still dissatisfied with the Committee's recommendation and many of the municipalities
- 3 - CD-2003-08
that have Committees of Council do so in the evenings on non-Council nights; therefore, they may
not be restricted by time constraints.
Attendance of Senior Staff at Council Meetings
Although there are evenings when a member of Senior Staff may not be called upon to speak at
Council, it is better to air on the side of having the staff member in attendance then having the
individual absent. With Senior Staff present, matters can often be responded to or dealt with
immediately.
Also, the Council schedule now has at least one week per month in which Council does not meet.
Three weeks is the maximum of consecutive meetings. Finally, the Directors of all departments have
either deputies or second-in-commands, who could ably substitute should the need arise.
CONCLUSION:
There is no rule that mandates that deputations have to be in a specific spot or order on the Agenda.
There is an inherent logic, however, having any item involving the public listed early in the
proceedings so individuals do not have to wait around.
Ultimately, the decision rests with the Council. Staffwill implement any changes to the Standing
Rules of Council that the Aldermen feel is appropriate. Council may wish to defer any major
changes to the Procedural By-law until after the next municipal election.
Recommended by:
City Clerk
Respect fully fubmitted: /
Approved by:
Tony Ravenda
Executive Director of Corporate Services
Corporate Services Department
, //4 Legal Services
The CiN of lipid 4310 Queen Street
Niagara Falls ll~l~ P.O. Box 1023
Canada ~,~ Niagara Falls, ON L2E 6X5
~1~ web site: www.city.niagarafalls.on.ca
Tel.: (905) 356-7521
Fax: (905) 371-2892
E-mai[: rkallio@city.niagarafalls.on.ca
L-2003-19
R. O. Kallio
City Solicitor
March 17, 2003
His Worship Mayor Wayne Thomson
and Members of the Mtmicipal Council
City of Niagara Falls, Ontario
Members:
Re.'
L-2003-19
Outdoor Opportunities Inc.
Management of Easement Licences acquired
through railway acquisition
Our File No. 2002-134
RECOMMENDATION:
That The Corporation of the City of Niagara Falls enter into an Agreement with Outdoor
Opportunities Inc. to manage the easement licences acquired through the railway land acquisition,
pursuant to the terms and conditions as set out in Appendix "1" attached.
BACKGROUND:
On December 19, 2001, the City purchased the 5.1 miles (8.2 kilometres) rail corridor t~om the
Canada Southern Railway Company, being approximately 48.04 acres. The rail corridor ams north
to south through the urban core of Niagara Falls, past the downtown area, the central area, the tourist
commercial centre, along Marineland and the niagara industrial area to the Marineland Parkway.
Upon acquiring the rail corridor, the City assumed approximately 280 leases, easements, licences
and agreements ("easements") that attach to the land. Approximately 230 easements may be viable
but are not current and to establish the current holders ("tenant") of these easements, extensive
investigation is required, as insufficient documentation was provided.
Working Together to Serve Our Community
Clerks Finance Human Resources · Information Systems · Legal Planning & Development
March 17, 2003 - 2 -
L-2003-19
An example of an easement is one between Bell Canada and Canadian Pacific Limited, dated May
15, 1986, in the amount of $185.00 per annam. As the proper assignment documentation was not
provided, an Agreement has not been entered into. Further, the value of these lands will need to be
established in order to determine the current market value owing to The Corporation of the City of
Niagara Falls.
In order to bring all the easements into good standing and establish an accurate database, the
following steps are required:
Review of each easement;
Establish contact with current tenant of each easement;
Plot out and obtain proper legal description for each easement;
On-site visit, if necessary;
Determine appraised value of land where each easement is located;
Negotiate new rate for each easement;
Draft Agreement with each tenant for each easement;
Prepare and distribute tenant invoices;
Recover arrears of payment for each easement;
Collect current payment for each easement;
Prepare and communicate with tenants;
Maintain each easement file;
Forward payment to Finance;
Create and maintain tenant inventory database which consist of:
· Historical, current and future rents;
· Landlord lease ID;
· Tenant lease ID;
· Street, legal description;
Property Identification Number;
Commencement date, termination date;
· Site-specific comments.
Provide database query reports;
Prepare and distribute applicable tenant termination letters.
Outdoor Opportunities Inc. is a corporation that can provide the foregoing services without incurring
any other agency charges. Outdoor Opportunities Inc. can provide experienced, professional and
objective services by assuming the management of the existing easement licences and maximize
collection of arrears and current rent. Since 1993, Outdoor Opportunities Inc. has specialized in real
estate development and lease management services with revenue maximization as its main objective.
In years past, Outdoor Opportunities Inc. has provided specialized services to such companies as
Canadian National Railway, Hydro One, Canadian Pacific Railway in Ontario and Quebec, CN/CP
Ottawa Joint Venture, Toronto Terminals Railway and Quebec-Gatineau Railway.
Outdoor Opportunities Inc. has furnished Staff with its portfolio, a copy of which is attached as
Appendix "2" hereto. The portfolio sets out proven track records in significantly raising revenues.
Collectively, Outdoor Opportunities Inc. has increased its clients' annual revenues by over $2.7
million.
March 17, 2003 - 3 - L-2003-19
The City will not have to pay for services up-front. Rather, Outdoor Opportunities Inc.'s fee is set
out in Appendix "1" attached and is performance driven.
As the management of the 230 existing easement licences is extensive, it is strongly recommended
that the administration of these files commence immediately. The Agreement with Outdoor
Opportunities Inc. will be exclusive to the existing easement licences. The City will be able to
negotiate any future licences with other parties, as well as Outdoor Opportunities Inc. At this point
in time, no additional staff would have to be hired.
Law Clerk
Respectfully submitted:
~d~i°n~sa~da t iv e Officer
Re~ by:
Ray Kallio
City Solicitor
Approved by:
T. Ravenda
Executive Director of Corporate Services
/mm
March 17, 2003
-4-
APPENDIX "1"
COMPENSATION TO OUTDOOR OPPORTUNITIES
L-2003-19
Initial Management Fee
Compensation to Outdoor Opportunities is calculated on the basis of one hundred (100%)
percent of the first $60,000.00 collected from the easement licences, through audit
recoveries, licence fee arrears and current-year licence fees.
Thereafter, Outdoor Opportunities Inc. will be compensated as follows:
· Audit and Contract Renewals
35% of all monies recovered on behalf of the City:
For unpaid easement licence fees resulting from discovery of unreported
assets situated on City-owned lands;
For unpaid easement licence fees resulting from discovery of discrepancies
(size, type, quantity, etc.) resulting in underpayment of rent to the City;
For the first year, for negotiating an increase in incremental revenue for
easement licences rates.
· Management
5% per annum of the revenue received to manage the files;
Development / Growth
The first full year of revenue derived from each new licence added to the City's
portfolio of railway land easement licences. Thereafter, the City would receive the
full armual revenue.
I
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I
I
i
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I
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A Proposal to Manage
Licence Agreements on City of
Niagara Falls' Rail Lands
Z
~LJ
March 7, 2003
Submitted by:
Outdoor Opportunities Inc.
33 Weldrick Rd. E., Suite 1410
Richmond Hill, Ontado L4C 8W4
Tel: (905) 763-7552
Fax: (905) 763-g338
E-Mail: ross,muzylo~outdooroppotfunifles.¢om
March 10, 2003
City of Niagara Falls
City Hall, PO Box 1023
4310 Queen Street
Niagara Falls, Ontado
L2E 6X5
Attention: Ray Kallio
City Solicitor
Subject: A Proposal to Manage Licence Ageements on City of Niagara Falls' Rail Lands
Dear Mr. Kallio:
In addition to the discussions regarding our outdoor advertising management / development
role on behalf of The City of Niagara Falls, we understand The City is interested in outsourcing
the management of the licence agreements acquired through the purchase of the Canada
Southem Hamilton/Niagara Falls Subdivision ("Rail Lands"). This document sets out our
company's proposal to undertake the management of these licences on The City's behalf.
Our company, Outdoor Opportunities Inc., is in the business of providing experienced,
professional and objective support to our clients by assuming an important outsourced portfolio
management and revenue maximization role. Since 1993, we have been providing our
specialized real estate development and lease management services to our clients, where we
only have the revenue maximization objectives of our clients as a ddving force and incentive to
perform. We have no real or perceived conflicts of interest in performing our role on
behalf of our clients.
In years past, Outdoor Opportunities has provided our specialized real estate development and
lease management services to Canadian National Railway and Hydro One with great success.
We are proud of our on-going, long-standing business relationships with Canadian Pacific
Railway in Ontado & Quebec, CN/CP Ottawa Joint Venture, Toronto Terminals Railway and
Quebec-Gatineau Railway.
Based on our actual experiences and achievements with undertaking a similar role for CNR,
CPR, Hydro One, etc., we are confident that the approaches we have developed and proven,
the processes we have put in place, and the relationships we have established will be readily
applicable to The City of Niagara Falls.
Our proposal assumes that certain re-alignment and/or outsourcing of roles and responsibilities
within The City or with Outdoor Opportunities Inc. are possible, would be beneficial to The City
of Niagara Falls, and would therefore merit consideration. Pages 7-10 details the tasks &
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responsibilities our company is prepared to assume in order to effectively manage and develop
The City's portfolio. We anticipate that there will be a seamless transition to Outdoor
Opportunities Inc. of the agreed portfolio management and development roles on The City's
behalf.
Our firm is especially pleased to present this proposal, since we strongly believe that we are
uniquely qualified and positioned to undertake this licence management / development role for
The City of Niagara Falls. We are excited about the long-range potential of this under-
developed revenue opportunity for The City and we are prepared to start now.
Yours truly,
Ross Muzylo
President- Outdoor Opportunities Inc.
Attach ./
Proposal to Manage Licence Agreements March 6, 2003
on City of Niagara Falls' Rail Lands
TABLE OF CONTENTS
2
2-3
4
4
5
6
7
7
7
8
9-10
Profile of Outdoor Opportunities
Professional Aff'fliations
Professional Recognition
Outdoor Opportunities' Team - Key Personnel
Ross Muzylo
Shelley Muzylo
Allan Peck
Karen Peck
Bruce Hogan
Track Record
Proposed Role - Portfolio Management & Development Tasks
Audit
Contract Renewals
Management
Development / Growth
Compensation to Outdoor Opportunities
Initial Management Fee
Audit
Contract Renewals
Management
Development / Growth
References
Outdoor O~lJortunities Inc. Page i
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A Proposal to Manage Llcence Agreements
on City of Niagara Falls' Rail Lands
March 6, 2003
Profile of Outdoor Opportunities
Mr. Ross Muzy~o originally established Outdoor Oppo~unities in 1992 as a sole proprietorship. The
company was incoqx~rated in the Fall of 1997 and now employs four full-time professional staff and
ctil[zes additional sub-contracted resoum from time-to-time as required.
Bflnging his extensive industry experience in out-of-home advertising media to exploratory discussions
with major lind ov~ers such as Canadian National and Canadian Pacific Railways, GO Transit, and The
Ontario Realty Co~omtion, Rnss recognized early that these organizations required external, objective,
profassieaal assistance ff they were to maximize the revenue potential of their lands from secondary
We have been providing outsourced services to major landowners in Ontado, commencing with CN's
Ce.;,ul Region, since 1993. In 1997 Toronto Terminals Railway and Canadian Pacific Railway in
Ontario retained our services to provide market development, revenue enhancement, and portfolio
management of outdoor advertising leases on their rail corddom. In November 1998 we entered into a
similar agreement with Hydro One. Due to our success on behalf of CPR in Ontario, CPR Quebec was
added in July 1998, followed by Quebec Gatineau Railway in 2000.
Professional Affiliations
Outdoor Opportunities Inc. maintains and act'wely par~Jclpatas in memberships in the following
profassioflal oq~lnizations:
· Intemationsi Right-of-Way Association (IRWA)
· American Railroad Development Association (ARDA)
· SignAssoclationofCaeada (member of the Lngislatiea Committee)
· Outdoor Advertising Assocletion of Canada
Professional Recognition
Outdoor Oppo~tunities Inc. has received the following professional recognitions:
· 2000 IRWA Chal~er 29 Employer of the Year
· 2001 IRWAChapter29ProfessionaloftheYear(KarenPeck)
· 2001 & 2002 Nominations for Employer of the Year et IRWA Ihtemational Seminars
We are cognizant of the need to educate and train our team members. We do this through industry
association memberships, by 'twinning' our resources on key client cohtmcts for both educational and
backup resource reasons, and through formal training courses, where applicable.
Outdoor OiJDortunities Inc.
Page 1
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A Proposal to Manage Licence Agreements
on City of Niagara Falls' Rail Lands
March 6, 2003
Ross Muzylo
Shelley Muzylo
Allan Peck
Karen Peck
Bn.~ce Hogan
Outdoor Opportunities' Team - Key Personnel
While Outdoor Opportunities' experience is primarily with the marketing, development and management
of outdoor advertising leases, the systems and approaches in place am readily applicable to other
secenda[y laud uses. Our company has in place five ' ' '
· . . ludwiduals to support and menage the potential
City of Niagara Falls business arrangement resulting from acceptance of this proposal. Their names and
proposed roles with respect to the .
new business arrangement with The City am listed below:.
Team Member Proposed Role and Responsibilities
Client liaisoo; contract management; team management;
overall development support
Municipal by-laws; legislation; presentations
Site audits; development / partfolio management support;
database & technology menagement
Office management aud administration; administrative liaison
with The City of Niagara Fails
Information Technology Specialist; designs, implements and
maintains Outdoor Opportunities Inc. networked systems.
The remainder of this section provides brief experience profiles for each of the team members named
above, including their experience in the out-of-home media, and experience in conducting similar
assignments.
Ross Muzylo
Ross Muzylo is the founder aud President of Outdoor Oppodunities Inc. For this pmpesal, Ross will
assume the pdmary client relationship and contract menagement role, and will manage the overall
Outdoor Opfl~unibes' team.
Ross has more than 35 years in the outdoor advedisiag industry, inciudiag a position as Vice President,
Finance and Administration for Chades Baker Advedising Ltd. in Toronto. His career highlights include
the following achievements:
· Played a major role in the development of the National Advertising medium in
Canada's aiq~o;ts. Revenue growth achieved: from $70,000 to more than
$4,000,000 annually.
· Negotiated agreements with and developed a new advertising medium for GO
Transit's in-train, in-station advertising program. Revenue growth achieved: from
zero to $600,000 annually.
· Introduced new innovations and products to the out-of-home media, including hotel
~rvation centres and electronic time displays.
· Established systems to sen, ice and maintain advertising displays in airports across
Canada.
Outdoor Opportunities Inc.
Page 2
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A Proposal to Manage Licence Agreements
on City of Niagara Falls' Rail Lands
March 6, 2003
Ross Muzylo, cont'd
Experience In Conducting Similar Assignmeets
Ross is highly qualified and experienced to lead the outsourclng of this business potential for prospective
clients like The City of Niagara Falls. He keeps constantly abreast of the man, et and legislative trends,
and uses this knowledge to the benefit of the client at all times. Ross is also well versed in the out-of-
home media and related technology trends emerging in the outdoor industry, and brings this knowledge
to the assessment of new market and revenue enhancement opportunities for his clients.
Shelley Muzylo
Shelley Muzylo is the Vice President of Outdoor Oppon'unities Inc. and assumes most of the
responsibilities for legislative and by-law considerations. She will assume responsibility for all legislative
and municipal by-law matters re~ating to The City of Niegam Falls' Rail Lands licences.
Shelley brings both sales and general adverUslng industry experience to the team. Her experience was
with two advertising agencies, John McNalley & Associates and Foster Advertising. Her sales
experience was with a laq~e office products company, and with her own computerized time recording
company that she operated for five yearn. Accordingly, she also brings additional general management
skills to the Outdoor Opportunities' team.
Shelley's experience in lease management has been gained over the past ten years with Outdoor
Opportunities Inc., where she has performed many legislative roles, whic~ includes liaison with, and
presentations to various municipalities on mattem relating to sign by-laws and sign permit applications.
She has mede many appeamncus before Council either in support of applications by the outdoor
industry, or on behalf of the company's clients.
Experience in Conducing Similar Assignments
Shelley currently assists in the development of strategies and plans for the company, and participates in
field reviews and photogmpbic record-keeping activities. She also applies her selling and presentation
skills in leading or participating in presentations to local and international associations regarding the
benefits of outdoor advertising to property Owners.
Shelley's experience with Outdoor Opportunities in undertaldng a range of strategic and operational
activities positions her well to continue these same roles with The City of Niagara Falls' Rail Lands
licunces.
Outdoor O=eortunities Inc.
Pa~e 3
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A Proposal to Manage Licence Agreements
on City of Niagara Falls' Rail Lands
March 6, 2003
Allan Peck
Allan Peck is the Manager of Operations for Outdoor Opportunities Inc. Allan will conduct The City of
Niagara Falls' initial site audit, will support continuing market development, and will continue in his lead
mia in developing and improving operational procedures and systems. He has experience in the
computer and automotive industries, and with small business management.
During his six years with Outdoor Opportunities, Allan has worked on field operations, site audit, s, digital
record keeping, and computer systems development. He has perfoffned these roles for all of the
company's citents. Allan establishes and maintains Communications wfih clients' operational staff and
ensures that tenants comply with all ctieats' regulations, and safety procedures.
Experience In Conducting Similar Assignments
Allah's experience with Outdoor Opportunitins is directly relevant to the proposed City of Niagara Falls
relationship outlined in this proposal. Allan and Ross sham the development responsibilities for all of the
company's clients.
Karen Peck
_Out~d.oor Opportune.es I. nc., and manages and rans most' ' * '
maintenance of Outdoor Opportunities' databases and information systems, and for establishing linkages
through networks wffh external databases, as appropriate. For the puqx)sas of the proposed City of
Niagara Falls business arrangement, Karen will act as the key administrative liaison with The City with
respect to coffespoedence, two-way information sharing, and for financial / accounting reconciliations, as
required.
Karen's formal training is in computerized court reporting from George Brown Collage. She is also the
Cedified Training Agent for Stenogmph Corporation for Eastern Canada, Micttigan, and Western New
York State. She is contracted from time-to-time to provide software training to court mportem, either
one-on-one or to small groups. Karen at one time operated her own court reporting service. She
subsequently sold that business to join Outdoor Opportunities.
Kamn's experience with lease management has been entirely with Outdoor Opportunities. She has
gained extensive iedustnj knowledge over her past eight years with the company, and has developed an
extensive group of contacts within the right-of-way profession.
Experience in Conducting Similar Assignments
Karen's experience with Outdoor Opportunities is completely relevant to this opportunity, since all of her
current roles and responsibilities am needed to perform the outsourced management and development
role for The City under the
Karen served proposed business arrangement described herein. For the last three yeara,
as Secretary for Chapter 29 of the International Right of Way Association (IRWA), and this
year as Membership Coordinator. She has also served as Secretary and is currently serving as Vice-
President for Canadian Education Foundation of the IRWA. Her contributions to this organization have
resulted in being recognized by the Association ns 'Professional of the Year' for 2001.
Outdoor Ol l ortunities Inc.
Page 4
A Proposal to Manage Ucence Agreements
on City of Niagara Falls' Rail Lands
March 6, 2003
Bruce Hogan
Bruce Hogan, our IT specialist, designs, impl=ments, and maintains Outdoor Opportunities' nelwork
systems on an as-needed basis. He is responsible for safeguarding the data our clients entrust with us.
Bruce maintains and upgrades the company's software, hardware, flrewall and virus protection, and
offers software solutions to achieve greater efficiency.
Experience in Conduotiog Similar Assignments
Bruce has worked with Outdoor Opportunities for the last four years on maintaining the company's
network systems. He has direct experience with providing this service through his work with CGI. He is
certified by Microsoft, Novell, and Cisce, and continues to upgrade his sidlls on these and uther
entmpdse software.
Outdoor Ol l ortunities Inc.
Page 5
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A Proposal to Manage Licence Agreements
on City o1 Niagara Falls' Rail Lands
Track Record
hydr°(.~ne ,~
127% Revenue Growth
131% Revenue Growth
178 % Revenue Growth
March 6, 2003
204% Revenue Growth - Ontario
'1~ 134% Revenue Growth - Quebec
200% Revenue Growth
Outdoor ODIJortunities Inc.
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A Proposal to Manage Licence Agreements
on C~ty of Niagara Fails' Rail Lands · ,
Proposed Role - Portfoho Management & Development Tasks
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March 6, 2003
The tasks and activities that will be undertaken by Outdoor Opportunities to effectively manage and
develop the City of Niagara Falls' Rail Lands Ucence Pon'folio are listed under the following four
Audit
Contract Renewals
Management
Development / Growth
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Audit
Physical verification/inspection of Rail Lands and tenant assets
Identify tenant assets not covered by licance agreements
Acquire GPS coo~inates, where applicable
Acquire image recent, where applicable
Calculation, negotiation, collection of any unpaid beck rent
Ongoing spot checks
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Contract Renewals
Compile & maintain licanca revenue knowledge base
Monitor tenant health through analysis of their financial statements, where applicable
Formulate & present licenca fee options to City
Prepare reports to validate faimess of proposed licenca fee increases
Negotiate with tenant on behalf of City
Provide analysis & opinion of tenant counter-offem
Preparation & dissemination of draft & final master lease agreements
Assist City wRh licence assignments
Outdoor OD~ortunities Inc.
Page 7
A Proposal to Manage Licence Agreements
on City of Niagara Falls' Rail Lands
March 6, 2003
Proposed Role - Portfolio Management & Development Tasks
Management
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Drafting of master agreements
Preparation & dissemination of tenant invoices
Collection of licence payments
Reconciliation of linance payments
Preparation & dissemination of all correspondence with Rail Lands tenants
Attendance at / presentations to appliceble Council / Committee meetings
Development & presentation of future revenue generation opportunities
Evaluation & analysis of proposals submitted to The City
Compilation & maintenance of development site files
Compilation & maintenance of municipal bylaws knowledge base
Meetings with tenant pemonnel for City policies & procedures familiarization
Scheduling of tenant maintenance on City property requiring entry permission
Daily backup of client cemputer files
Creation & maintenance of licence ngmement database
· Historicel, current, futura licenee revenue
· Landlord licence ID
· Tenant licence ID
· Street, Municipal desedpfion
· Property Identification Number
· GPS coordinates
· Tenant asset descfilXion
· Ucence anniversa~j dates, termination dates
· Images, where applicable
· Licence-specific cemments
Provide database query reports
Land sales support
· Preparation & dissemination of tenant termination letter
· Clceing adjustment calculations
· Lost revenue reporting
Outdoor ODl~ortunities Inc. Page 8
A Proposal to Manage Licence Agreements
on City of Niagara Falls' Rail Lands
March 6, 2003
Proposed Role - Portfolio Management & Development Tasks
Development / Growth
Q Acquisition of Tdle Record Plans
n Correspondence
· Preparation & dissemination of permission letter & title record plan to pmpeeed tenant, as
required, to apply for required permits
· Preparation & dissemination of final approval letter authorized by the City
· Preparation & dissemination of new licence agreements
· Conduct Request for Pmpnsals or Tenders, where applicable
To-Scale Site Plan Drawings
· Perform on-site review, make corrections to drawings submitted by proposed tenants
· Prepare drawings using Autocad (.dwg or .cad format), as required
n Scheduling
· Scheduling entry onto City pmpen'y for site meetings
· S~heduling buried utilities locates
· Construction coordination with pmponed tenant
Site Meetings
· Tenant Lease RepresentaUves
· Generate interest in unoccupied property
· Identify underutilization
· Asset placement
· Review site plan drawings
. Soils analysis, shoring
· Structural Engineers
Installation foreman
· Asset placement, review approved site plan drawings
· Buded utility locates
· Identification of overhead hazards; high voltage wires
· Attendance at installation, as required
Outdoor Opportunities Inc. Pa.e 9
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A Proposal to Manage Licence Agreements
on City of Niagara Falls' Rail Lands
Proposed Role - Portfolio Management & Development Tasks
Development / Growth
[3 Site Meetings cont'd
· Tree Service Subco~bactor
· Acquire permission to remove trees, brash
· Arrange entry onto City pmpen'y
Attendance at tree removal, pruning, as required
Elecbfcal Subc~'actor
· Electrical sen, ice conf~uration, installation
· Compile submission material for elect~cal crossing agreement, as required
Post. installation inspection
· Site clean-up verification
· Acquire image record for database, where applicable
· Acquire GPS coordinates for database, where applicable
Work-in-progress database
· Date site offered or requested
· Date permission to prepesed tenant granted
· Date of permit application, as required
· Date to-scale site plan received, prepared, approved
· Building permit number, as required
· Date of final City approval
· Estimated licence revenue
· Date of installation
Development Reporting
· Activity reports
· Growth revenue projections
· Compilation, maintenance, storage of work-in-progress files
Outdoor O00ortunities Inc.
March 6,2005
Page 10
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A Proposal to Manage Licence Agreements
on City of Niagara Falls' Rail Lands
March 6, 2003
Compensation to Outdoor Opportunities
Initial Management Fee
We respectfully suggest The City of Niagara Falls compensate Outdoor Opportunities with an 'Initial
Management Fee' calculated on the basis of one hundred (100%) percent of the first sixty thousand
($60,000) dollars received from Rail Lands Licences, due to audit recoveries, licence fee arrears, and
current-year licence fees, payable within sixty (60) days of receipt from time to time of such revenues
received by The City of Niegam Falls. Thereafter, Outdoor Opportunities will be compensated in
accordance with the rotes set out as follows.
Audit
Outdoor Opportunities would be compensated with 35% of all monies recovered on behalf of The City of
Niagara Falls for unpaid licence fees resulting from,
a) Discovery of unreported assets situated on City-owned property
b) Discovery of discrepancies (size, type, quantity, etc.) resulting in underpayment of mat to The
c~y
Contract Renewals
Outdoor Opportunities would receive 35% of the increase in incremental revenue for the flint year as a
result of successfully negotiating licence rate Inc~eeses on behalf of The City of Niagara Falls.
Management
In compensation for managing the Rail Lands licences, Outdoor Opportunities would receive 5% of the
Rail Lands licence revenue received by The City of Niagara Falls each year.
Development / Growth
Outdoor Opportunities would receive the first full year of mveeue derived from each new licence added
to The City's portfolio of Rail Lands licences. Thereafter, The City would receive the full annual revenue.
It is understood ~ the proposed -one-time" fee of $60,000 is required to bring the Rails Lands
licences up to date, including resolution of any outstanding issues. Thereafter, we propose
Outdoor Opportunities Inc., with the exception of the 6% menagement fee, be compensated
solely on a performance-driven basis, as outlined above.
Outdoor Oggortunities Inc.
Page 11
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A Proposal to Manage Licence Agreements
on City of Niagara Falls' Rail Lands
References
Kev~n Paul
Manager, Sales
Real Estate - Onta#o
Sam Spa/l~s
Director of Operations
Gary Waddington
National Manager,
Property Strategies
Patrick J. Grace
Senior Marketing Manager,
Real Estate Marketing
Outdoor Oi~ortunities Inc.
Canadian Pacific Railway
(416) 595-3074
Toronto Terminals Railway
(416) 864-3440 ext. 222
Canadian National Railway
(416) 217-6730
Ontado Realty Corporation
(416) 327-2959
March 6, 2003
Page12
Corporate Services Department
T' _ ..~a Legal Services
ne c;ity of /J'~llt 4310 Queen Street
Niagara Fa s Jl~ll~ P.O. Box 1023
A -- Yl ~== Niagara Falls, ON L2E 6X5
ganQQQ~.~=~/~l~' web site: www.city.niagarafalls.on.ca
~~ J-- Tel.: (905) 356-7521
Fax: (905l 371-2892
E-mail: rkallio@city.niagarafalls.on.ca
L-2003-21
R. O. Kallio
City Solicitor
March 17, 2003
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re:
L-2003-21
Thorold Stone Mall Land Exchange
6161 Thorold Stone Road
Our File No. 2001-201
RECOMMENDATION:
That Part 5 on Reference Plan 59R-6007, formerly part of Township Lot 73, now City of
Niagara Falls, be declared surplus.
That this will constitute notice to the public with respect to the proposed sale of Part 5 on
59R-6007 to 820872 Ontario Limited and same will be considered by Council at its meeting
of March 31st, 2003, in the Council Chambers at 6:00 p.m.
3. That a land exchange be authorized as follows:
(a)
That Part 5 on Reference Plan 59R-6007, attached as Appendix "1" formerly part of
Township Lot 73, now City of Niagara Falls be transferred to 820872 Ontario
Limited, for $110,000.00 and further that 820872 Ontario Limited pay for all costs
associated with the transfer.
That Part 1 on sketch attached as Appendix "2" be acquired by The Corporation of
the City of Niagara Falls from 820872 Ontario Limited, for the sum of $28,000.00
and further that 820872 Ontario Limited pay for all costs associated with the transfer.
(c)
That 820872 Ontario Limited be credited the cost of constructing the proposed turn-
around, on Part 1 on sketch attached as Appendix "2, in the approximate amount of
}Forking Together to Serve Our Community
Clerks · Finance Human Resources Information Systems · Legal · Planning & Development
March 17, 2003 - 2 - L-2003-21
$17,000.00.
BACKGROUND:
Part 5 on Reference Plan 59R-6007 is a parcel of land, formerly Township Lot 73, now in the City
of Niagara Falls, which is shown shaded on Appendix "1" attached ("Part 5"). The lands are located
north of Thorold Stone Road, west of Sinnicks Avenue and south of Marland Avenue. On December
24, 1964, the City acquired the southerly 141.52 feet of Part 5, from Imperial Oil Limited. Further,
on December 24, 1964, the City acquired the northerly 273.52 feet of Part 5, from Crossroads Hotel
Limited.
Part 1 on the sketch attached as Appendix "2, is a proposed turn-around. The lands are located north
of Thorold Stone Road, west of Sinnicks Avenue and abuts the west end of St. Mary's Street.
820272 Ontario Limited is the owner of the Thorold Stone Mall and owns the lands both to the west
and east sides of Part 5, being parts 1, 2 and 4, on Reference Plan 59R-6007, shown hatched on
Appendix "1", wherein the Thorold Stone Mall is located on part of these lands.
On September 23, 1996, the City entered into an Agreement to lease Part 5 to 820872 Ontario
Limited, for the sum of $375.00 plus G.S.T., per month. Then in May, 1998, 820272 Ontario
Limited expressed its interest in purchasing Part 5, so as to construct an expansion to the Thorold
Stone Mall and incorporate Part 5 into its plans.
St. Mary's Street ends just short of the frontage of 6025 St. Mary's Street. The owners of 6025 St.
Mary's Street, Mr. and Mrs. Kostiuk, as shown on Appendix "1" attached, are presently landlocked.
Therefore, it is necessary for the City to acquire Part 1 on the sketch attached as Appendix "2" to
provide frontage to Mr. and Mrs. Kostiuk, to construct a proper turn-around for emergency and other
vehicles and to establish and dedicate the parcel as part of St. Mary's Street. When the land exchange
takes place, the Lease Agreement with 820872 Ontario Limited would he terminated.
Therefore, the City needs to transfer Part 5, on Reference Plan 59R-6007 to 820872 Ontario Limited,
for fair market value. In exchange, 820872 Ontario Limited is to construct the proposed tm-around
and transfer Part 1 on the sketch attached as Appendix "2", to the City, for fair market value. The
City is to pay to 820872 Ontario Limited the cost of constructing the proposed turn-around. An
estimate provided by Done-Rite Paving Co., dated February 20, 2003, attached as Appendix "3", sets
out that the total cost to construct the proposed turn-around is approximately $17,000.00.
An appraisal prepared by Ronald Ellens dated December 31, 2002, extracts attached as Appendix
"4"sets out that Part 5 is approximately 20,908 square feet and is valued at $105,000.00 to
$115,000.00. The proposed turn-around, being Part 1 on the sketch attached as Appendix "2" is
approximately 5,250 square feet and is valued at $26,000.00 to $30,000.00. Therefore, the
calculation for the land exchange is as follows:
March 17, 2003 - 3 -
Value of lands owned by
The Corporation of the City of Niagara Falls
being Part 5 on Reference Plan 59R-6007
Value of lands owned by
820872 Ontario Limited
being Part 1 on sketch attached as Appendix "2"
820872 Ontario Limited to be credited
cost for constructing
proposed turn-around
BALANCE OWING TO
THE CORPORATION OF THE CITY OF
NIAGARA FALLS
$110,000.00
$ 28,000.00
L-2003-21
$110,000.00
approx. 17,000.00
65,000.00
$110,00.00
This matter, which commenced in 1989, is finally concluding. Mr. Gus Mandarino, the agent for
820872 Ontario Limited, contributed greatly to success of the land exchange by being both
reasonable and co-operative throughout.
dby:
Ray Kallio
City Solicitor
Approved by:
T. Ravenda
Executive Director of Corporate Services
Respectfully s~
/nlm
7O
.9
THOROLD STONE ROAD
BEARING NOTE UTtO~
NDIX "£'"
1~0.25'
ISAN MH 1
~ ,,,. 1200mm e
~ ^,.-,-" TOP 820.80
~' ~NV 614,60
~. ~o~' - ~, .~_~ '
PROP.
PRO. DE TWO 3' WIDE
CURBS FOR ',. '.., '.
CBMH $ ~
LOCATION MAP
N.T.S.
0
THOROLD STC
-APPENDIX "D-"
Feb 03 03:SGp P~max Re~lt~ Ino, 905-26~-]173 p.2
DONE.-.RIT'E PAllING CO.
Phone # 357-6531
3464 Wihahire Blvd. Ninsara Falls, Ontario L2J 3E6
Cellular # 708-7032 Fa~ ~ 357-3793
PAR MAX Realty service
7050 Weston Rd, ~u{te 106
Woodbrldge, On
A~entlon:Gus l~andadno,
Feb.20,2003
G,S,T, # 88956 84.~'/~
~ :Thornld $~ne Mall; ${ M_r~l..~zlL~llm~p~
We Are pleased in submitting thlz quotation, and look forward to serve you again, in the near
future.
l, Excavate 9.2- below Finished Asphalt grade~ and Remove Materials
2, Supply and Apply 12"of 2"crusher stone & 6"of 7/~ Trnfl]e Bond
3. Fine grnde nnd compact stone with 10 ton vibrntory miler
4. Supply and Apply 2'HI~ H.S. Asphalt (COMPRF.~ED)
$. $~tpply nnd Apply 2" HI.3A II.S, Asphalt (COMPRF.~ED)
6. Based Upon f12~,0 sqft Approx.
GUARANTEED WORKMANSHIP
Accep~ ~
Done-Rke
I
I REPORT PREPARED FO R
I PAR MAX REALTY SERVICES LTD.
7050 WESTON ROAD, SUITE 106
WOODBRIDGE, ONTARIO
LAL 8G7
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ATTENTION: Mr. Agostino Mandurino
City of Niagara Falls File No: 2001-201
SHORT NARRATIVE APPRAISAL REPORT
OF
PROPOSED LAND EXCHANGE
6161 THOROLD STONE ROAD
NIAGARA FATJ.S, ONTARIO
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THE PROPERTY
VACANT LAND
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PREPARED BY
RONALD C. gJ J.ENS APPRAISALS INC.
195 KING STREET, SUITE 102,
ST. CATHARINES, ONTARIO L2R 3J6
EFFECTIVE DATE
DECEMBER 31, 2002
R. C. Ellens Appraisals
RONALD C. EIJ.ENS APPRAIS3L$ INC.
Accredited Real Estate ~opraiserx e~ Consultants
Par Max Realty Services Ltd.
7050 Weston Road, Suite 106
Woodbridge, Ontario
LAL 8G7
Attention: Mr. Agostino Mandarino
January 22, 2003
Letter of Transmittal:
Re:
Short Narrative Appraisal Report
Proposed Land Exchange
6161 Thorold Stone Road
Niagara Falls, Ontario
(City of Niagara Falls File No: 2001-201)
Dear Mr. Mandarino:
Pursuant to your recent request to proceed with an appraisal we are pleased to provide you with a Short
Narrative Appraisal Report for the lands described further in this report. This report contains 26 pages
and 1 Exhibit within the Addenda.
The intended use of this report is to provide a value estimate guide in order to assist in a potential land
exchange. The land parcels under consideration are owned by the Corporation of the City of Niagara Falls
and 820872 Ontario Limited. The intended user of the report is directed to Par Max Realty Services Ltd.,
for the intended use describe herein. Liability to all unauthorized third parties is denied.
As a result of our investigations and analysis it is our considered opinion that the estimated market value
and value in contribution of subject parcels, as described herein, is:
1. City Parcel: The most probable economic value range, for this site, which is indicated to
consist of~-20,908 sq.fl, is rounded to;
ONE HUNDRED FIVE THOUSAND ($105,000.00) DOLLARS
to
ONE HUNDRED FIFTEEN THOUSAND ($115,000.00) DOLLARS
...cont'd
195 KING STREET, SUITE 102, ST. CATHARINES, ONTARIO, L2R 3J6 PHONE (905) 704-0909, FAX (905) 704-1919
2 R.C. Ellens Appraisals
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2. 820872 Ontario Parcel: The most probable economic value ran4e, for the portion required for
a vehicular "turn-around", which is indicated to consist of~-5,250 sq.t~, is rounded to;
TWENTY SIX THOUSAND ($26,000.00) DOLL,~RS
To
TmRTY THOUSAND ($30,000.00) DOLI',~LRS
Respectfully submitted,
NS APPRAISALS INC.
P~': Ron EII~A~CI, P.App., Dipl. B.
$ R.C. Ellens ~4ppraisals
IDENTIFICATION OF REAL ESTATE BEING APPRAISED
Ad. dress:
For descriptive purposes we will refer to the subject site as
Proposed Land Exchange - 6161 Thorold Stone Road.'
Location:
1) City Parcel: This site is located on the North side of Thorold
Stone Road and extends to Marland Avenue. The sim is situated
east of Portage Road, west of Sinnicks Avenue.
2) 820872 Ontario Limited Parcel: This site is located north of
Thorold Stone Road, east of Portage Road, west of Sinnicks
Avenue and is more particularly situated at the westerly end of
St. Mary's Street.
Legal Description:
I) City Parcel: Part Lot 7, Plan 88 Stamford designated as Part 5
on Reference Plan 59R-6007, City of Niagara Falls, Regional
Municipality of Niagara. Property Identification Number (PIN)
64278-0012.
Type of Property:
2) 820872 Ontario Limited Parcel: Part Township Lot 73
Stamford, forming part of Parts 2 and Part 4 on Reference Plan
59R-6007, more particularly described on Drawing Appendix
"4', in the City of Niagara Falls, Regional Municipality of
Niagara. This parcel forms part of Property Identification
Number (PiN) 64278-0013.
Vacant Commercial Land
LotSize:
1) City Parcel: *20,908 sq.ft.
2) 820872 Ontario Limited Parcel: ±5,250 sq.fl.
OfficialPian:
Major Commercial
Zoning:
General Commercial
Part of the 820872 Ontario Limited Parcel / (turnaround) may
encompass an Exception and Special Provision Numbered 209
on Sheet 3 of Schedule A.
4 R. C Ellens Appraisals
VALUE CONCLUSION
Having considered the approach to value deemed most relevant to the appraisal problem, it is our
considered opinion that the amount which best serves the estimated market value as value in
contribution, of the subject properties, as of the effective date of, December 31, 2002, was as
follows:
1. City Parcel: The most probable economic value range, fOr this site, which is indicated to
consist of~-20,908 sq.i~ is rounded to;
ONE HUNDRED FIVE THOUSAND ($105,000.00) DOLLARS
to
ONE HUNDRED FIFYEEN THOUSAND ($115,000.00) DOLLARS
2. 820872 Ontario Parcel: The most probable economic value range, for the portion required for
a vehicular "turn-around", which is indicated to consist of'5,250 sq.ft, is rounded to;
TWENTY SIX THOUSAND ($26,000.00) DOI I,ARS
to
TItl RTY THOUSAN]} ($30,000.00) DOI.L&RS
USE RESTRICTION
The intended use of this report is to provide a value estimate guide in order to assist in the
potential sale of the subject property. The intended user of the report is directed to Par Max
Realty Services Ltd., liability to all unauthorized third parties is denied.
24 R. C. Ellens Appraisals
Corporate Services Department
T ..... .~,, Legal Services
ne L;l /Or 4310 Queen Street
Niagara Falls lJ~/~ P.O. Box 1023
Canada ~~ Niagara Falls, ON L2E 6X5
~~' web site: www.city.niagarafatls.on.ca
Tel.: (905) 356-7521
Fax: (905) 371-2892
E-mail: rkallio@city.niagarafalls.on.ca
L-2003-23
R. O. Kallio
City Solicitor
March 17, 2003
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re:
L-2003-23
Outdoor Opportunities Inc.
Development and Management of
Outdoor Advertising Licences
on City-owned lands
Our File No. 2002-134
RECOMMENDATION:
That The Corporation of the City of Niagara Falls enter into an Agreement with Outdoor
Opportunities Inc. to develop and manage outdoor advertising licences on City-owned lands,
pursuant to the terms and conditions as set out in Appendix "1" attached.
BACKGROUND:
Staffrecords indicate that the City only has two outdoor advertising licences on City-owned lands.
Outdoor Opportunities Inc. is a corporation which could expand the City's revenue for secondary
land uses on City-owned lands by utilizing outdoor advertising.
Outdoor Oppommities Inc. can provide experienced, professional and objective services by
structuring a plan to generate and manage outdoor advertising licences. This would maximize the
use of City-owned lands, thereby collecting revenues from an otherwise untapped resource.
Working Together to Serve Our CommuniO~
Clerks · Finance Human Resources · Information Systems Legal Planning & Development
March 17, 2003 - 2 - L-2003-23
Since 1993, Outdoor Opportunities Inc. has specialized in real estate development and lease
management services with revenue maximization as its main objective. In years past, Outdoor
Opportunities Inc. has provided specialized services to such companies as Canadian National
Railway, Hydro One, Canadian Pacific Railway in Ontario and Quebec, CN/CP Ottawa Joint
Venture, Toronto Terminals Railway and Quebec-Gatineau Railway.
In order to carry out the development of a plan for outdoor advertising licences and establish an
accurate database, the following steps are required:
Drafting of agreements;
Preparation and dissemination of tenant invoices;
Collection of lease payments;
Reconciliation of lease payments;
Preparation and dissemination of all correspondence with outdoor tenants;
Preparation and dissemination of all correspondence with COMB (Canadian Outdoor
Measurement Bureau);
Compilation, scrutiny of COMB traffic counts per display face;
Attendance at / presentations to Council meetings;
Compilation and analysis of CARD (Canadian Advertising Rates and Data) data by market;
Development and presentation of future revenue generation opportunities;
Evaluation and analysis of advertising proposals submitted to The City;
Compilation and maintenance of municipal by-laws knowledge base;
Meetings with outdoor tenant personnel for City policies and procedures familiarization;
Scheduling of sign maintenance on City property requiring entry permission;
On-site attendance for sign maintenance, brush removal, as required;
Daily backup of client computer files;
Creation and maintenance of sign inventory database:
· Historical, current and future rent per face;
· Historical, current traffic counts per face;
· Landlord lease ID;
· Tenant lease ID;
· Street, legal description;
· Property Identification Number;
· GSP coordinates;
· Display type, sixe
· Installation date, termination date;
· Images;
· Site-specific comments.
Provide database query reports
Land sales support:
Preparation and dissemination of tenant termination letter
Closing adjustment calculations;
Lost revenue reporting.
Determine appraised value of land;
Draft Agreement with each tenant;
Prepare and distribute tenant invoices;
Collect current payment for each easement;
Prepare and communicate with tenants;
Maintain each file;
March 17, 2003 - 3 -
L-2003-23
Forward payment to Finance;
Create and maintain tenant inventory database;
Provide database query reports;
Prepare and distribute applicable tenant termination letters.
Outdoor Opportunities Inc. can provide the foregoing services without incurring any other agency
charges.
Outdoor Opportunities Inc. has furnished Staff with its portfolio, a copy of which is attached as
Appendix "2" hereto. The portfolio sets out proven track records in significantly raising revenues.
Collectively, Outdoor Opportunities Inc. has increased its clients' annual revenues by over $2.7
million.
The City will not have to pay for services up-front. Rather, Outdoor Opportunities Inc.'s fee is set
out in Appendix "1" attached and is performance driven.
As the City has been presented with a way to generate revenue for City-owned lands, it would be
a good opportunity for the City to consider. Secondary land uses such as outdoor signs could be
a significant revenue source.
Law Clerk
Respectfully submitted:
ohn MacDonald~~
~trative Officer
City Solicitor
Approved by:
T. Ravenda
Executive Director of Corporate Services
/mm
March 17, 2003
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APPENDIX "1"
COMPENSATION TO OUTDOOR OPPORTUNITIES
L-2003-23
Audit and Contract Renewals:
35% of all monies recovered on behalf of the City:
For unpaid rent resulting from the discovery of unreported advertising displays
situated on City-owned property;
For unpaid rent resulting from the discovery of discrepancies ( display size/type,
traffic count, illumination, etc.) resulting in underpayment of rent to the City;
For the first year, for negotiating an increase in incremental revenue for lease rates.
Management
5% per annum of the revenue received to manage the signboard leases.
Development / Growth
The first full year of revenue derived from each new advertising display face added to the
City's portfolio of outdoor advertising leases. Thereafter, the City would receive the full
annual revenue.
Permit Rights Sales
In years past outdoor advertising companies traditionally retained leasing representatives in
order to secure new sites for their advertising displays. In recent years, the large outdoor
media companies have reduced or eliminated their leasing departments in favour of
freelancers. The freelancers secure new lease locations from landowners, acquire building
permits, then assign the newly acquired lease and permit to the outdoor company.
The sign building permit is the property of the landowner, not the outdoor company utilizing
it. The net effect of the aforementioned procedural change is that the rights to permits are
changing hands, sometimes for considerable sums, with no benefit accruing to the landowner
from the transaction.
To correct the situation, Outdoor Opportunities will secure the building permit for the City,
then transfer the permit to the end user, a qualified outdoor company, through a competitive
process.
Under this scenario, the City provides the signboard location by virtue of being the
landowner, and Outdoor Opportunities Inc. acquires the permit and runs the competitive
process through which rights to the permit are awarded. The net proceeds would be
distributed 50:50 between the City and Outdoor Opportunities Inc.
The City of Niagara Falls
A Proposal to Manage the
Development of Revenue from
Outdoor Advertising on City of
Niagara Falls' Properties
February 4, 2003
Submi~ by:
Outdoor Opportunities Inc.
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33 Wetdrick Rd. E., Suite 1410
Richmond Hill, Ontario L4C 8W4
Tel: (~05) 763-7552
Fax: (905) 763-9338
E,.Md: ms~.rnuz,v~o~ outdoompp~n,~s, corn
February 4, 2003
City of Niagara Falls
City Hall, PO Box 1023
4310 Queen Street
Niagara Falls, Ontario
L2E 6X5
Attention: Ray Kallio
City Solicitor
Subject: A PropOsal to Manage the Development of Revenue
from Outdoor Advertising on City of Niagara Falls' Properties
Dear Mr. Kallio:
· As discussed with you recently, we understand The City of Niagara Falls Is interested in expanding its
revenue from secondary land uses on City-owued properties by utilizing outdoor advertising. This
document sets out our company's proposal for undertaking the poster panel segment on The City's
behalf.
Our company, Outdoor Opportunities Inc., is in the business of pmv~ing experienced, professional
and objective support to our clients by assuming an important outsourced pertfolio management and
revenue maximization role relating to outdoor advertising. Since 1993, we have been providing our
specialized mai estate development and lease management services to our clients, where we only have
the revenue max/mization objectives of our clients as a driving force and incentive to perform. In order
to maintain an 'arms length' relationship with the out of home media, Outdoor Opportunities has no
affiliation with any outdoor advertising company. We have no real or perceived conflicts of tntemst
In peffonning our role on behalf of our clients.
In years past, Outdoor Opportunities has provided these specialized services to Canadian National
Railway and Hydro One with great success. We are proud of our on-going, long-standing business
relationships with Canadian Pacific Railway in Ontado & Quebec, CN/CP Ottawa Joint Venture, Toronto
Terminals Railway and Queboc-Gatinesu Railway.
Based on our actual experiences and achievements with undertaking this same role for CNR, CPR,
Hydro One, etc., we are confident that the approaches we have developed and proven, the processes we
have put in place, and the relationships we have established with the outdoor advertising indus~y will be
readily applicable to The City of Niagara Falls, and that growth in outdoor advertising revenues will be
both forthcoming and significant.
We have a proven track record in significantly raising revenues and growing outdoor adve~sing lease
portfolios, much of that experience already evident in the revenue gro'~:th achieved on behalf of our
c,/ients. Collectively, we have increased our clients' annual revenues by over $2.7 million. Our audit
process has recovered over $$00,000 in back rent from unreported / under-reported advertising
displays. Outdoor Opportunities' performance on behalf of our clients is illustrated on Page 6.
Since 1993, we have had an opporiunity to successfully test some thaories, and to undemtand the
requirements for providing a high level of service to our clients.
-2-
We have proven that encouraging healthy competition between outdoor companies
for specific territories or attractive sites has the effect of raising the lease rate
potential for our clients.
· We have assisted in the streamlining of Internal review and approval procedures for
new site leases, and new sign construction, by acting as the coordinating agent
between land management, the client's operational staff, and the outdoor
companies.
· We have invested heavily in Internal systems and Ixocedums to manage extensive
lease portfolios, and to analyze and scrutinize external market data such as
advertising rates and treffic counts.
· We have the capability and are able to generate the data needed for our clients to
prepare and distribute acc~rete and timely invoicing to outdoor companies for their
leases in place.
· We have developed a core team of experienced staff, and a network of industry
contacts which enables us to perfom~ our role in a very knowledgeable and timely
fashion.
· We are continuously researching and exploring new outdoor media concepts and
technological advances and assessing their potential for our clients. We stay
abreast of Industry direction through participation in key Industry associations and by
participating at key industry conferences.
Our proposal assumes that certain re-alignment ancFor outseurclng of roles and responsibilities within
The City of Niagara Falls or with Outdoor Opportunities Inc. are possible, would he beneficial to your
organization, and would therefore merit consideration. Pages 7-1~ details the tasks & responsibilities our
company is prepared to assume in order to effectively menage and develop The City's portfolio. We
anticipate that thera will he a seamless transition to Outdoor Opfloftunitlos Inc. of the agreed pon'folio
management and market development roles for The City of Niagara Falls.
Our firm is especially pleased to pr=sent this proposal, since we strongly believe that we ara uniquely
qualified and positioned to undertake this outdoor advedlslng portfolio management and market
development role for The City of Niagara Falls. We are excited about the long-range potential of this
under-developed revenue opportunity for The City and we are prepared to =tart now.
Yours truly,
Ross Muzylo
President - Outdoor Opportunities Inc.
Attach./
A Proposal to Manage the Development of Revenues from
Outdoor Advertising on City of Niagara Fails' Properties February 4, 2003
TABLE OF CONTENTS
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1
2
2-3
3
4
4
5
Profile of Outdoor Opportunities
Professional Affiliations
Professional Recognition
Outdoor Opportunities' Team - Key Personnel
Ross Muzyio
Shelley Muzylo
Allan Peck
Karen Peck
Bruce Hogan
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6 Track Record
7 Proposed Role - Portfolio Management & Development Tasks
7 Audit
8 Management
9-10 Development / Growth
11 Contract Renewals
11 Permit Rights Sales
12
Compensation to Outdoor Opportunities
Audit
Management
Development / Growth
Contract Renewals
Permit Rights Sales
t3 References
Outdoor Opportunities Inc.
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A Proposal to Manage the Development of Revenues from
Outdoor Advertising on C~ty of Niagara Falls' Properties
February 4, 2003
Profile of Outdoor Opportunities
Mr. Ross Muzylo originally established Outdoor Opportunities in 1992 as a cole proprietorship. The
company was incoq)oretnd in the Fall of 1997 and now employs four full-time professional staff and
utilizes additional ~ub-cantra~ed rnsoum~ from time-to-time as required.
Bringing his extensive industry experience in out-of-home advertising media to exHoretory discussions
with major land owners such as Canadian National and Canadian Pacific Railways, GO Transit, and The
Ontario Realty Cmporeflon, Ross recognized early that these o~gantzatious required external, obje~ive,
professional assistance if they ware to maximize the revenue potential of their lands from secondary
uses such as outdoor advertising.
We have been providing outsuurced services to major landowners in Ontario, commencing w~th CN's
Central Region, since 1993. tn 1997 Toronto Terminals Railway and Canadian Pacific Railway in
Ontario retained our services to provide market development, revenue enhancement, and pan'folio
management of outdoor advertising leases on their rail ounidom. In November 1998 we entered into a
similar agreement with Hydro One. Due to our succass on behaff of CPR in Ontario, CPR Quebec was
added in July 1998, followed by Quebec Gafineau Railway in 2000.
To this day, Outdoor Opportunities Inc. remains the only independent outdoor advmfisiag lease
management and development company. Outdoor Opportunities Inc. has no equity interest in any
advertising display or company; therefore, no real or perceived conflicts of interest.
Professional Affiliations
Outdoor Opportunities Inc. maintains and actively parUclpatns in membe~hips in the following
professional oq]anizatious:
· Sign Assuciafion of Canada (member of the Legislation Committee)
· Outdoor Advertising Association of Canada
· Intemetional Right-of-Way Association (IRWA)
· American Railroad Development Association (ARDA)
Professional Recognition
Outdoor OpportlJnities Inc. has received the following professional recognitions:
· 2000 IRWA Chal~er 29 Employer of the Year
· 2001 IRWA Chapter 29 Professional of the Year (Karen Peck)
· 2001 & 2002 Nominations for Employer of the Year at IRWA Intemetionat Seminars
In addition, Outdoor Opportunities maintains important relationships with CARD (Canadian Advertising
Rates & Data) in order to monitor outdoor advertising revenue and with COMB (Canadian Outdoor
Measure Bureau), the provider of traffic count data for the outdoor advertising industry.
We are cognizant of the need to educate and train our team members. We do this through industry
association membemhips, by 'twinning' our resources ou key client contracts for both educational and
backup resource reasons, and through formal training courses, where applicable.
Outdoor Opportunities Inc.
Page 1
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A Proposal to Manage the Development of Revenues from
Outdoor Advertising on City of Niagara Falls' Properties
February 4,2003
Outdoor Opportunities' Team - Key Personnel
Our company has in place five individuals to support and manage the potential City of Niagara Falls
business arrangement resulting from acceptance of this proposal. Their names and proposed roles with
respect to the new business arrangement with The City am listed below:.
Proposed Role and Responsibilities
Ross Muzylo
Client liaisoo; contract management; team management;
overall development support
Shelley Muzylo
Allan Peck
Municipal by-laws; leg~ation; presentations
Site audits; development / porlfolio management support;
database & technolngy management
Karen Peck
Office management and administration; administrative liaison
with The City of Niagara Falls
Bruce Hogan
Information Technology Specialist; designs, implements and
maintains Outdoor Opportunities Inc. networked systems.
The remainder of this section provides brief experience Ixofiles for each of the team membam named
above, including their experience in the out-of-home media, and experience in conducting similar
assignments.
Ross Muzy~o
Ross Muzylo is the founder and President of Outdoor Opportunities Inc. For this proposal, Ross will
assume the iximan~ client relationship and contract management role, and will manage the overall
Outdoor Opportunities' team.
Experience in the Outtkx>r Advertising IndustO,
Ross has mom than 35 years in the outdoor advertising industry, incinding a position as Vice President,
Finance and Administration for Chades Baker Adverlising Ltd. in Toronto. His career highlights include
the following achievements:
· Played a major role in the development of the National Advedising medium in
Canada's aiqx>ds. Revenue growth achieved: from $70,000 to more than
$4,000,000 annually.
· Negotiated agreements with and developed a new advertising medium for GO
Transit's in-train, in-station advertising program. Revenue growth achieved: from
zero to $600,000 annually.
· Introduced new innovations and products to the out-of-home media, including hotel
reservation centres and electronic time displays.
· Established systems to service and maintain advertising displays in airports across
Canada.
Outdoor Ol)Dortunities Inc.
Page 2
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A Proposal to Manage the Development of Revenues from
Outdoor Advertising on City of Niagara Fells' Properties
Februa~4,2003
Ross Muzylo, cont'd
Experience in Conducting Similar Assignments
Ross may be the only individual in Canada who has performed, and is currently undertaking all of the
proposed roles required by The City of Niagara Falls.
Ross is highly qualified and experienced to lead the outsourclng of this business potential for prospective
clients like The City of Niagara Falls. He keeps constantly abreast of the market and legislative trends,
and uses this knowledge to the benefit of the client at all times. Ross is also well versed in the out-of-
home media and related technology trends emerging in the outdoor industry, and Ixtogs this knowledge
to the assessment of new market and revenue enhancement opportunities for his clients.
Shelley Muzylo
Shelley Muzylo is the V'me President of Outdoor Opportunities Inc. and assumes most of the
responsibilities for legislative and by-law considerations. She will assume responsibility for all legislative
and municipal by-law matters relating to The City of Niagara Falls pe~olie.
Shelley brings both sales and general advertising industry experience to the team. Her advertising
industry experience was with two agencies, John McNalley & Associates and Foster Advertising. Her
sales experience was with a laq;le office products company, and with her own computerized time
recording company that she operated for five years. Accordingly, she also brings additional general
management skills to the Outdoor Opportunities' team.
Experience In the Outdoor Advertising Industry
Shelley's experience in the outdoor advertising industry has been gained over the past ten years with
Outdoor Opportunities Inc., where she has performed many developmental and legislative roles, which
includes liaison with, and pmsentatm to vadous municipalities on matters relating to sign by-laws and
sign permit applications. She has mede many appearances before Council either in support of
applications by the outdoor industry, or on behalf of the company's clients.
Experience in Conducting Similar Asstonments
Shelley currently assists in the development of strategies and plans for the company, and participates in
field reviews and phutographic recurd-keeplng activities. She also applies her selling and presentation
skills in leading or participating in presentations to local and international associations regarding the
beneffis of outdoor advertising to property owners.
Shelley's experience with Outdoor Opportunities in undertaking a range of strategic and operational
activities positions her well to continue these same roles with The City of Niagara Falls' portfolio.
Outdoor ODaortunities Inc.
Page 3
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A Proposal to Manage the Development o! Revenues from
Outdoor Advertising on City of Niagara Falls' Properties
February4, 2003
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Allan Peck
Allan Peck is the Manager of Operations for Outdoor Opportunities Inc. Allan will conduct The City of
Niagara Falls' initial site audit, will support continuing market development, and will continue in his lead
role in developing and improving operational procedures and systems. He has experience in the
computer and automotive industries, and with small business management.
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Experience in the Outdoor Advertising Industry
Allan's expedence in the outdoor advertising industry is entirely with Outdoor Opportunities, where he
has work, ad for the last six years on field operations, site audits, digital record keeping, and computer
systems developmenL He bas performed these roles for all of the company's clients. Allan establishes
and maintains communications with clients' operational staff and ensures that the outdoor industry
complies with all clients' regulations, and safety procedures.
Experience in Conducting Similar Assignments
Allan's experience with Outdoor Opportunities is direchy relevant to the proposed City of Niagara Falls
relationship outlined in this proposal. Allan and Ross share the development responsibilities for all of the
cernpeny's clients.
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Karen Peck is the Manager of Administration for Outdoor Opportunities Inc., and manages and runs rnost
of the day-to-day office activities of the business. She is responsible for the design, development and
maintenance of Outdoor Opportunities' databases and information systems, and for establishing linkages
threugh networks with exlemal databases, as appropriate. For the purposes of the pmpnsed City of
Niagara Falls business arrangement, Karen will act as the key administrative liaison with The City with
respect to correspondence, site approval, two-way information sharing, and for financial / accounting
reconciliations es mClUi~l.
Kamn's formal training is in computerized court reporting from George Brown College. She is al~s~ the
Certified Training Agent for Stenograph corporation for Eastern Canada, Michigan, and Western New
York State. She is contracted from time-to-time to provide software training to court reporters, either
one-on-one or to small groups. Karen at one tirne operated her own court reporting service. She
subsequently sold that business to join Outdoor Opportunities.
Experience in the Outdoor Adv~tising Industry
Karen's experience in the industry has been entirely with Outdoor Opport. unifies. She has gained
extensive industry knowledge over her past eight years with the cornpany, and has developed an
extensive group of contacts within the outdoor industry on administrative and accounting matters.
Experience In Conducting Similar Assignments
Karen's experience with Outdoor Opportunities is completely relevant to this opportunity, since all of her
current roles and responsibilities are needed to perform the outsourced management and development
role for The City under the proposed business arrangement described herein. For the last three yearn,
Karen served as Secretary for Chapter 29 of the International Right of Way Association (IRWA), and this
year as Membership Coordinator. She has also served as Secretary and is currently serving as Vice-
President for Canadian Education Foundation of the IRWA. Her contributions to this organization have
resulted in being recognized by the Association as 'Professional of the Year" for 2001.
Outdoor ODDortunities Inc.
Page 4
A Proposal to Manage the Development of Revenues from
Outdoor Advertising on City of Niagara Falls' Properties February 4, 2003
Bruce Hogan
Brace Hogan, our IT specialist, designs, implements, and maintains Outdoor Opportunities' network
systems on an as-needed basis. He is responsible for safeguarding the data our clients entrust with us.
Brace maintains and upgrades the company's software, hardware, fimwall and virus protection, and
offers software solutions to achieve greater efficiency.
Experience in Conducting Similar Assignments
Bruce has worked with Outdoor Opportunities for the last four years on maintaining the company's
network systems. He has direct expe~ience with providing this service through his work with CGI. He is
certified by Microsoft, Novell, and Cisco, and continues to upgrade his skills on these and other
enterprise software.
Outdoor O i ortunities Inc. Page 5
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A Proposal to Manage the Development of Revenues from
Outdoor Advertising on City of Niagara Falls' Properties
Track Record
February 4, 2003
27% Revenue Growth
hyclr°L,~e 4' 131% Revenue Growth
178 % Revenue Growth
204% Revenue Growth - Ontario
134% Revenue Growth - Quebec
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200% Revenue Growth
Outdoor OIJl)ortunities Inc.
Page 6
A Proposal to Manage the Development of Revenues ~'om
Outdoor Advertising on City of Niagara Faits' ProperUes
February 4, 2003
Proposed Role - Portfolio Management & Development Tasks
The tasks and activities that ~lt be undertaken by outdoor Opportunities to effectively manage and
develop the City of Niagara Falls' signboani portfobo are listed under the follovang five categories
Audit
Management
Development / Growth
Contract Renewals
Permit Rights Sales
Audit
Physical verification Of inventopy
Physical inspection of City-owned ixoperfles
Identify discmflancies in display face count
IdentiflJ discrepancies in distfla¥ size, type
identity discre~ncies in traffic ~ount
Acquire GPS coordin~es
Acquim image mconJ
Collection of any unpaid back rent
Outdoor Opportunities Inc.
A Proposal to Manage the Development of Revenues from
Outdoor Advertising on City of Niagara Falls' Properties February 4, 2003
Proposed Role - Portfolio Management & Development Tasks
Management
Drafting of master agreements
Preparation & dissemination of tenant invoices
Collection of lease payments
Reconciliation of lease payments
o Preparation & dissemination of ell correspondence wilh outdoor tonants
n Preparation & dissemination of all correspondence with COMB (Canadian Outdoor Measurement
Bureau)
n Compilation, scrutiny of COMB traffic counts par dispiay face
n Aaendance at / presentations to Council meetings & Sign Committee meetings
[] Compilation & analysis of CARD (canadian Adverllsing Rates & Data) data by market
Development & presentation of futura mveeue generation opportunities
[] Evaluation & analysis of adverllsing proposals submittad to The City
[] Compilation & maintenance of development site flies
[] Compilation & maintenance of municipal bylaws know~ base
[] Meetings w~th outdeer tenant personnel for City policies & procedures familiarization
Scheduling of sign rnaintonance on City property requiring entry pan~ission
n On-site attendance for sign maintenance, brush removal, as required
Daily backup of client computer files
Creation & maintenanoe of sign inventory database
· Historical, current, future rent per face
· Historical, current traffic counts per face
· landlord lease ID
· Tenant lease ID
· Street, Municipal descripiion
· Properly Identification Number
· GPS coordinates
· Display type. size
· Installation date, termination date
· Images
· Site-specific comments
{3 Provide database query reports
[] Land sales support
· Preparation & dissemination of tenant termination letter
· Closing adjustment calculations
· Lost revenue reporting
Outdoor Opportunities Inc. Page 8
A Proposal to Manage the Development of Revenues from
Outdoor Advertising on City ol Niagara Falls' Properties
February 4, 2003
Proposed Role - Portfolio Management & Development Tasks
Development / Growth
Acquisition of'ritla Record Plans
Correspondence
· Pmparatkm & dissemination of permission letter & title record plan to outdoor company
· Preparation & dissemination of final approval letter authorized by the City
· Preparation & dissemination of new lease agreements
· Conduct Request for Pmpasais or Tenders Where applicable
To-Scale Site Plan Drawings
· Per~orm on-s~te review, make conecfions to drawings submitted by outdoor company
· Prepare drawings using Autocad (.dwg or .cad format), as required
Scheduling
· Scheduling entry onto City property for site meetings
· Scheduling buried ufilitias locates
· Construction coordination with sign installation contra(tm*
r~ Site Meetings
· Ouidoor Lease Representatives
· Generate interior in unoccupied pmpmty
· Identify underutilization
· Sign placement
· Review site plan drawings
· Soils analysis, shoring
· Structural Englneem
· Sign installation foreman
· Sign placement, review approved site plan drawings
· Buded utility locates
· Identification of overhead hazards; high voltage wires
· Attendance at sign base installation
· Affendance at sign installation
Outdoor ODDortunities Inc.
P~e9
A Proposal to Manage the Development of Revenues from
Outdoor Advertising on City of Niagara Falls' Propelties February 4, 2003
Proposed Role - Portfolio Management & Development Tasks
Development / Growth
Site Meetings cont'd
Tree Service Subco,~"~or
· Acquire permission to remove trees, brush
· Anaage entnj onto City property
· Attendance at tree removal, pruning, if required
E/ecb'k:a/Subco~m;for
· Electrical service configuration, installation
· Compile submission material for electrical crossing agreement
· Site clean-up verification, call back sign installer if unsatisfactmy
· Acquire Image record for database
· Acquire GPS coordinates for database
Q Work-in-progress database
· Date site offered or requested
· Date permission to outdoor company granted
· Date of permit application
· Date to-scale site plan received, prepared, approved
· Building permit number
· Date of final City approval
· Esitmated drculafion
· Estimated rent
· Date of installation
O Development Reporting
· Activity reports
· Growth revenue pmjeclions
· Compilation, maintenance, storage of won~-in-progress files
Outdoor Opl~ortunities Inc. Page lO
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A Proposal to Manage the Development of Revenues from
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February 4, 2003
Proposed Role - Portfolio Management & Development Tasks
Contract Renewals
Compile & maintain CARD knowledge base
Compile COMB ~.;;ic count data
Monitor Indust~ he~th through analysis of outdoor company financial statements
Formulate & present lease rate op(lons to City
Prepare reports to validate fairness of proposed lease rate increases
Negotiate with outdoor tenant on behalf of City
Provide analysis & opinion of tenant counter-offer&
Preparation & dissemination of draft & final master leese agreements
Permit Rights Sales
[] Review City title recon]s to identify potential development sites
Cross-reference title records with municipal bylaws to identify development sites
[] Obtain municipal planning staff approval
[] OlXain ward councillor approval
n Submit permit application and/or variance appiicatlen
n Make deputations to City Council and/or Sign Committee
Administer Request For Proposals, Tender, Solicit bids for permit from ontdcor companies
Award permit ~ghts, collect & distribute proceeds of sale
n prepare permit ~tghts transfer documents
Assist with implementation (see Development I Growth)
Outdoor Opportunities Inc.
Page11
A Proposal to Manage the Development of Revenues f~om
Outdoor Advertising on City of Niagara Falls' Properties February 4. 2003
Compensation to Outdoor Opportunities
Audit
Outdoor Oppertunities would be compensated with 35% of all monies recovered on behalf of The City of
Niagara Falls for unpaid rant resulting from,
a) Disoovmy of unmperted advertising displays situated on City-owned property
b) Dis~wmy of dis~mpencies (display size/type, traffic count, illumination etc.) resulting in
undeq~ayment of rant to The City
Management
In compensation for managing the signboard leases, Outdoor Oppe~tunities would receive 5% of the
poster panel revenue received by The City of Niagara Falls each year.
Development / Growth
Outdoor Opportunities would receive the first full year of revenue derived from each new advertising
display face added to The City's pertfulio of outdoor advertising leases. Thereafter, The City would
receive the full annual revenue.
Since we have net had an opportunity to assess The City's real estate holdings, we are unable to provide
incremental revenue growth projections.
Contract Renewals
Outdoor Oppe~tunities would receive 35% of the increase in incremental revenue for the first year as a
result of successfully negotiating lease rate increases on behalf of The City of Niagara Falls.
Permit Rights Sales
To provide some background, in years past outdoor advertising companies traditionally retained leasing
representatives in [xder to secure new sites for their advertising displays. In recent years, the laq~e
outdoor media companies have reduced or eliminated their leasing departments in favour of freelancers.
The freelancers secure new lease locations from landowners, acquire building permits, then assign the
newiy acquired lease and permit to the outdoor company.
As you are aware, the sign building permit is the property of the landowner, not the outdoor company
utilizing it. The net effect of the aforementioned procedural change is that the fights to permits' ara
changing hands, sometimes fur considerable suras, with no benefit accruing to the landowner from the
transaction.
To correct the situation, Outdoor Opportunities will secure the building permit for The Coq~oration of The
City of Niagara Falls, then tmesfer the permit to the end user, a qualified outdoor company, through a
competitive process. We assume The City wishes to comply with the municipal by-laws in place.
Under this scenario, The City provides the signboard location by virtue of being the landowner, and
Outdoor Opportunities acquires the permit and runs the competitive process through which rights to the
permit are awarded. The net proceeds would be distributed 50:50 between The City and Outdoor
Opportunities.
Outdoor Opl ortunities Inc. Page 12
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A Proposal to Manage the Development of Revenues from
Outdoor Advertising on City of Niagara Falls' Properties
References
Kevin Paul
Manager, Sales
Real Estate- Onta#o
Sam Spares
Director of Opem#ons
Ga~y Waddington
NaUonal Manager,
Senior Marketing Manager,
Real Estate Marketing
Outdoor O~l~ortunities Inc.
February 4, 2003
Canadian Pacific RaSway
(416) 595-3074
Toronto Terminals Ra~Tway
(416) 864-3440 ext. 222
Canadian Na#onal Railway
(416) 217.6730
OntaSo Really Corporation
(416) 327-2959
Page 13
Community Services Department
' Of ~-~ Municipal Works
The
C fV
~,~r, 4310 Queen Street
Niogoro Foils yJ~r' p O Sox 1023
Conodo ..~' Niagara Falls, ON L2E 6X5
~~ web site: www.city.niagerafalls.on.ca
Tel.: (905) 356-7521
Fax: (905) 356-2354
E-mail: ed ujlovi@city, nia§arafalls.on.ca
MW-2003-46
Ed DUjlovic
Director
March 17, 2003
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members: Re:
MW-2003-46
Orchard Grove West Subdivision
CN Rail Sanitary Sewer Pipe Crossing Agreement
Kalar Rd. -( Mile 27.60 Stamford Subdivision)
RECOMMENDATION:
It is recommended that the City of Niagara Falls enter into an agreement with Canadian National
Railway Properties Inc. for the right to construct, use and maintain a new 250 mm diameter
sanitary sewer on Kalar Road required for the Orchard Grove West Plan of Subdivision.
BACKGROUND:
Niagara Falls City Council has given draft approval to the Orchard Grove West Plan of Subdivision
being developed by 527786 Ontario Ltd. which is subject to the satisfaction of a number of
conditions. One of these conditions includes the construction of a sanitary sewer to a suitable outlet
on Kalar Road which is located approximately 195m north of Beaverdams Road.
This sewer must cross the CN Rail Right of Way which requires the municipality to enter into an
agreement specifying the terms, costs and conditions that will apply during construction. The costs
involved in the preparation and execution of this agreement will be invoiced directly back to the
developer with the exception of the $650 annual fee which will be paid by the City from the sanitary
sewer operating budget.
The construction of the sanitary sewer on Kalar Road is nearing completion with the exception of
this section under the tracks. Your consideration of this matter this evening is appreciated.
Working Together to Serve Our Community
Municipal Works · Fire Services · Parks, Recreation & Culture · Business Development · Building & By-Law Services
March 17, 2003
Prepared ~~
Manager of Development
-2-
Respectfully submitted:
~dCmDi°n~;lrdativ e Officer
MW-2003-46
Approved by:
Ed Dujlovic, P.Eng.
Director of Municipal Works
S:\ILEPORTSX2003 ReportsXMW-2003-46 - Kalar Rd CN Pipeline.wpd
Community Services Department
Municipal Works
The City of 4310 Queen Street
P.o, Box1023
Niagara
Niagara Falls, ON L2E6X5
Car'l~,~~' web site: www.city.niagarafaJls.on.ca
~ I -- Tel: (905) 356-7521
Fax: (905) 356-2354
E-mail: munwks~ci~.niagarafalls.on,ca
March 17, 2003
Ed Dujlovic, P. Eng.
Director
MW-2003-48
His Worship Mayor Wayne Thomson,
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
MW-2003-48
Tender NP~01-2003
Supply of Bituminous Patching Materials and Asphalt Emulsions
RECOMMENDATION:
It is recommended that the supply of materials as listed below, be awarded to the low bidder Hard
Rock Paving & Innovative Municipal Products as outlined on the attached summary sheet.
BACKGROUND:
Tenders for the supply of hot and cold mix asphalt materials were called by the Niagara Purchasing
Committee in 2003.
Hard Rock Paving of Port Colbome, Ontario was low bidder for all hot mix asphalt items one to eight
shown on the attached spread sheet for 2002.
The 2003 price is an 8 percent increase over 2002 prices.
Innovative Municipal Product of St. Jacobs, Ontario was low bidder for cold mix asphalt quoting
46.39/tonne including delivery representing a 16 % decrease for delivered cold mix asphalt over 2002
prices. This cold mix asphalt has not been used in the past and would be purchased on a trial basis and
its performance monitored.
Working Together to Serve Our Community
Municipal Works Fire Services Parks, Recreation & Culture Business Development Building & By-Laws
MW-2003-48 - 2 - March 17, 2003
Recommended by:
°~m M~ussari
Acting Operations Superintendent
Ed Dujlovic, P.Eng.
Director of Municipal Works
/SC
Attachment
:espectfully submitted by:
~hn MacDonald
~hief Administrative Officer
NPPC TENDER # N17-01-2003 BrrUMINOUS PATCHING MATERIALS AND ASPHALT EMULSIONS
TENDER SUMMARY
ITEM QTY HARD ROCK RANKIN LAFARGE WALKER INNOVATIVE MATREX
(TONNES) PAVING CONS'IR'TN CONST MTLS BROTHERS MUNIC. PROD. COMPANY
TONNE TONNE TONNE TONNE TONNE TONNE
HL2 1750 $ 62.75 $ 64.00 $ 65.00 $ 66.50 NO NO
HL2A 1300 $ 63.25 $ 64.00 $ 65.00 $ 66.50 BID BID
I-IL3 1400 $ 58.25 $ 511.50 $ 60.00 $ 61.50
HL3A I000 $ 59.00 $ 60.00 $ 60.50 $ 62.50
HL3C* $ 59.25* $ 60.00* $ 61.50' $ N/A*
HL4 550 $ 57.75 $ 57.00 $ 64.00 $ 61.50
ItL8 2500 $ 56.50 $ 56.00 $ 62.00 $ 60.50
SHEET TOP 600 $ 64.75 $ 65.00 $ 67.00 $ 69.50
TOTAL $544,450.00 $547,450.00 $573,150.00 $578,200.00
DEL. \TONNE N/A N/A N/A N/A N/A N/A
Plant location: 2 Locations Vineland 3 locations Thorold St/mobs Locust Hill
ASHPALT 2,000 NO BID NO BID NO BID NO BID NO BID NO BID
EMULSION LITRES
TOTAL
PREM. QPR 1,000 NO BID NO BID $48.35ffONNE $85.00ffONNE $46.39frONNE $49.49fr0NNE
' STD. E.H.P. TONNES $4.9.49fI'ONNE
TOTAL $48,350.00 $85,000.00 $46,390.00 $49,490.00
Deliv. Inchuled $49,490.00
DEL frONNE N/A N/A $3.00/TONNE N/A N/A $1.90fFONNE
PLANT OPEN Apr- Dec May - l~c Apr 1-Dec 31 Apr - Dec Jan - Dec All Year
* TOTALS DO NOT INCLUDE PRICE ONLY REQUEST FOR HL3C PRODUCT
Community Services Department
Municipal Works
The City of4310 Queen Street
N,ogoro Fo,,slj g' P.0.,o×I023
Niagara Falls, ON L2E 6X5
web site:
www.city,niagarafalls.on.ca
Can~~. Tel: (905) 356-752~
~ I~ Fax: (905) 356-2354
E-mail: munwks~city.niagarafalls.on.ca
Ed Dujlovic, P. Eng.
Director
MW-2003-49
His Worship Mayor Wayne Thomson,
and Members of the Municipal Council
City of Niagara Falls, Ontario
Much 17, 2003
Members:
Re:
MW-2003-49
Tender NP-02-2003
For the Supply of Ready Mix Concrete
RECOMMENDATION:
It is recommended that the supply of ready mix concrete be awarded to St. Mary's CBM of Thorold,
Ontario.
BACKGROUND:
Tenders for the supply of ready mix concrete were called by the Niagara Public Purchasing Committee.
St.M ary ' s CBM was the low b~dder for the City of Niagara Falls at an estimated cost of $162,297.50.'
Prices on this tender represent a 10% increase from 2002 cost.
Council's concurrence with this recommendation would be appreciated.
Recommended by:
Tom Mussari
Acting Operations Superintendent
submitted:
~iih~e fMgacD°u Chief Admi~,,~
Approved by:
Ed Dujlovic, P.Eng
Director of Municipals Works
Attachment
Working Together to Serve Our Community
Municipal Works Fire Se/vices Parks, Recreation & Culture Business Development Building & By-Laws
· ~NrPPX2oTENDER # Nrp-02-2003 READY ~ CONCRETE TENDER SUIvlMARY
QUANTITY St. Mary's CBM Dufferin Lafarge U-Cart
Concrete ~ North America ( St. Cath.)
In Cu. Meters $ per cu. metre $ per cu. metre $ per cu. metre $ per cu. metre
15 MPa 20 87.00 95.00 99.00 121.74'
20 MPa 75 98.30 106.30 111.30 126.09'
25 MPa 250 101.10 109.10 114.10 130.44'
30 M]~a 1100 110.75 118.75 120.75 134.78'
35 MPa 40 118.00 126.00 131.00 139.13'
Unsla'inkable Fill 20 68.25 57.40 70.00
Total $ 162,297.50 $173,960.50 $178,31 TOO Partial Only
See
Environmental Charge cu. metro 2.00 2.00 2.00 tender
Conveyor Charge cu. metre 18.00 l 6.00 & 20.00~ 16.00 For
1% Calcium Chloride cu. metre 4.00 3.25 3.25 details
2% Calcium Chloride cu. metre 6.00 5.25 5.25
Winter Heating cu. metre 10.00 10.00 10.00
Summer Cooling cu. metre 30.00 30.00 30.00
Heated Water ~ cu. metre 10.00*see tender 10.00 10.00
Htd. Water & Aggregate I cu. metre 10.00 10.00 103.00
Underload Charges: per Icad per load per load
less than 2 m3 I per load 75.00 100.00 120.00
2 m3 --3 m3 [ per load 75.00 80.00 80.00
3 m3 ---- 4 m3 ] per load 50.00 60.00 50.00
4 m3 ..... 5 m3 I per Icad 50.00 N/A 50.00
Regular Delivery Time Men - Fri 7:00am-5:00pm 7:00 am-5:00pm 7:00 am-5:00pm 7:30 am-6:00 pm
Waiting Time 60 minutes 60 minutes 60 minutes
Additional Time Charge ~er 15 minutes 22.50 24.00 24.00
Overtime Charges: per cu. metre per cu. metre per cu. metre
4:00 pm to 8:00 pm i cu. metre 10.00 12.00
5:00 pm to 9:00 pm , cu. metre 12.00
8:00 pm to midnight ! cu. metre 20.00 20.00
9:00 pm to midnight cu. metre 20.00
midnight to 8:00 am cu. metre 20.00 20.00
midnight to 7:00am cu. metre 20.00
*See tender notes
Plant Location Thorold Niagara Falls Niagara Falls, Welland St. Catharines
& St. Catharines
Notes:
1. Dufferin Concrete, formerly Peninsula Ready Mix
2. Cotton Ready Mix did not bid - (labour concerns)
3. ConveyorCharge:39'-$16.00M~ & 50' -$20.00 M~
Community Services Department
· Municipal Works
The City of /J&' 4310
..... Jl~, Queen Street
Niagara I'OIIS ~J~l~ P.O. Box 1023
C:ana~~Niagara Falls, ON L2E 6X5
~"~ web site: www.city, niagarafalls.on.ca
Tel.: (905) 356-7521
Fax: (905) 356-2354
E-mail: edujlovi@city.niagarafalls.on.ca
MW-2003-$0
Ed Dujlovic
Director
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
March 17, 2003
Members:
RE: MW-2003-50
Electronic Mechanism Exchange
Guardian Model - J.J. MacKay
RECOMMENDATION:
It is recommended that funding in the amount of $25,875.00 including taxes be allocated from
Parking Account P-001-4800-1530 to exchange 225 Guardian style electronic parking meter
mechanisms.
BACKGROUND:
The Canadian Mint manufactured new alloy plated, steel core 1 ¢, 5¢, 10¢, 25¢ and 50¢ in 2000.
These coins are now in full circulation.
Although the same monetary value, the new coins have distinct, different "electronic signatures"
due to the material. This is even though the size, look and wei~t of the new coins are nearly
identical to their existing counterparts. The launch of these new coins affects most coin-
operated equipment in Canada.
All electronic parking mechanisms previously purchased by municipalities, including Niagara
Falls are affected by these additional coins. Over the next five years, many of our parking meters
will be replaced by on-street pay and display machines, offering greater flexibility and reduced
upgrade costs. Until this transition is completed, it is necessary to upgrade the coin
discrimination mechanisms in some of our parking meters to prevent problems from occurring.
J.J. Mackay, the manufacturer and supplier of the electronic mechanisms is providing an
exchange program for all Guardian style electronic mechanisms. The cost per mechanism is
$100.00 plus taxes. The exchange program will include the trade in of the old mechanisms and
in lieu, will provide a new model Guardian mechanism with upgraded features capable of
discriminating the new coins. Based on our field stock of 225 Guardian style electronic
Working Together to Serve Our Community
Municipal Works · Fire Services · Parks, Recreation & Culture · Business Development · Building & By-Law Services
March t7, 2003
MW-2003-50
mechanisms, the total cost including taxes is $25,875.00. The closed architecture used in
manufacturing the parking meters precludes using alternate sources to carry out any
upgrades/exchanges.
The $25,875.00 including taxes will be funded from the Parking Meters and Supplies account
number P001-4800-1530.
The Council's concurrence with the recommendation outlined in this report would be
appreciated.
Prepared by:
~b-~ar~)r~en~'fi & Parklnl~ Services
anager of Trar lc ' ~ '
o~Mac~DoSpectfully Submitted by:
Chief Administrative Officer
Director of Municipal Works
M.Carrick
S:\TRAFFIC~REPORTS~2003X2003 Council~vlW-2003 -50.wpd
The Cify of
Niagara Foils
Canada
Fire Services
5809 Morrison Street
Niagara Falls, ON L2E 2E8
web site: www.city.niagarafalls.on.ca
Tel: (905) 356-1321
Fax: (905) 356-6236
E-mail: pburke@city.niagarafalls.on.ca
March 17, 2003
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Patrick R. Burke
Fire Chief
FS-2003-04
Re: FS-2003-04 Purchase and Installation of New Boat Motors
and Related Marine Operations Equipment
RECOMMENDATION:
That Council authorize the purchase and installation of new replacement motors from Nicholl's
Marine Ltd. from Fort Erie and related marine operations equipment for the Marine Response Units,
at a total cost of approximately $25,000.00 including taxes.
BACKGROUND:
Station 4 (Chippawa) has been performing water rescue in the Niagara and Welland Rivers for many
years. The present boats with motors were purchased in 1994. The motors are at the end of their life
expectancy for emergency response purposes for the treacherous upper Niagara River water
conditions, increased traffic and size of the recreational boats in both rivers in which they are used.
Our recommendation is to purchase from Nicholls Marine based on:
lowest submitted price
meets the requirements of the Niagara Falls Fire Services
service and parts availability from Mercury motors
The following are the competing companies and their costs:
Company Cost
Nicholls Marine, Fort Erie $14,765.00 (plus tax)
Port Colborne Marine, Port Colborne $15,615.00 (plus tax)
Pier Pressure Marine, St. Catharines $18,276.00 (plus tax)
Smoke Alarms Save Lives - Check Your Smoke Alarm
Working Together to Serve Our Community
March 17, 2003 -2- FS-2003-04
The supplier will be responsible for providing the installation and necessary upgrades to the boats
and trailers as required according to Fire Services standards.
The additional equipment to be purchased includes GPS navigation units to assist with locations,
particularly during night operations; an underwater camera for locating victims; and exposure suits
for cold weather operations.
FINANCING: Sufficient funds have been assigned in the approved 2003 Capital Budget.
Colin Ruddell
Assistant Chief
Respectfully submitted:
Patrick R. Burke '
Fire Chief
Approved by:
Edward P. Lus{(ig~o
Director of Fire Services
PRB:rs
Corporate Services Department
CD-2003 - 07
The City of
Niagara Falls
Canada
Clerk's Division
4310 Queen Street
P.O. Box 1023
Niagara Falls, ON L2E 6X5
web site: www.city.niagarafalls.on.ca
Fax:
E-mail:
(905) 356-7521
(905) 356-7404
diorflda@city.niagarafalls.on.ca
Dean Iorfida
City Clerk
March 17, 2003
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re: CD-2003-07 - Special Occasion Permit
RECOMMENDATION:
That Council indicate it has no objection to the issuance of a Special Occasion Permit to the
organization listed in this report.
BACKGROUND:
Correspondence has been submitted by the following organization and has been reviewed and
approved by the Parks, Recreation & Culture; Building & By-law Services; and Fire Services.
Council's concurrence with the recommendation is requested.
Niagara South No-Hit
Hockey League
Hockey Tournament
Recommended by:
City Clerk
Approved~~by: ,
Tony Ravenda
Executive Director of Corporate Services
IMar. 24-29, 2003 Chippawa
Willoughby
Memorial Arena
Respectfully submitted: J
V Chief Administrative Officer
Working Together to Serve Our CommuniO~
Clerks Finance Hurcan Resources Information Sy$~ercs Legal · Planning & Developrcent
Corporate Services Department
The Cily of Legal Services
Niagara Falls 431o Queen Street
Con ff P.O. Bo× 4023
Niagara Falls, ON L2E 6X5
~ I ~ web site: www.city.niagarafalls.on.ca
Fax:
E-mail:
(905) 356-7521
(905) 371-2892
rkallio@city, niagarafalls.on,ca
L-2003-20
R. 0. Kallio
City Solicitor
March l7,2003
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re.'
L-2003-20
Release of Site Plan Agreement
4220 Stanton Avenue
Our File No: 2003-52
RECOMMENDATION:
That Council authorize execution of an Application to Amend the Register and documents necessary
for the purpose of releasing and terminating a Site Plan Agreement made between Redekop Builders
(St. Catharines) Limited, Owner and The Corporation of the City of Niagara Falls, for lands
municipally known as 4220 Stanton Avenue, located east of Vine Street, south of Ferguson Avenue
and north of Buttrey Street.
BACKGROUND:
In 1971 the City entered into a Site Plan Agreement with Redekop Builders (St. Catharines) Limited,
for the property municipally known as 4220 Stanton Avenue, being part Block A, Plan 997, in the
City of Niagara Falls, in the Regional Municipality of Niagara.
The Agreement provides that the covenants contained therein bind the property only for a period of
twenty years from the date of the Site Plan Agreement. With this "sunset" clause, the Site Plan
Agreement is no longer in force and, therefore, Brian Sinclair, solicitor for 1218667 Ontario Ltd.,
the present owner of the subject lands, has requested that the Agreement be released.
Working Together to Serve Our Community
Clerks · Finance Human Resources Information Systems Legal · Planning & Development
March 17, 2003 - 2 - L-2003-20
Staff confirms the 1971 Agreement is no longer required and may be terminated and removed from
the title to the property, at no cost to the City.
Prepaydd by:
Mary M/Srrone
Law Clerk
Respectfully submitted:
~ t by:
City Solicitor
Approved by:
T. Ravenda
Executive Director of Corporate Services