2003/04/14PLANNING/COUNCIL
MEETING
Monday, April 14, 2003
Order of Business
and Agenda Package
PLANNING MEETING
April 14, 2003
PRAYER: Alderman Carolynn Ioannoni
DISCLOSURES OF PECUNIARY INTEREST
Disclosures of pecuniary interest and a brief explanation thereof will be made for the
current Council Meeting at this time.
DEPUTATIONS
Regional Public Health Department
Bjorn Christensen, Director of Health Promotion and Protection, Regional
Health Department, wishes to address Council about the department's 2003 West Nile
Virus response plan to the Niagara Falls City Council.
Ray of Sunshine Foundation
Marty Mancuso, and students, Curtis Liefl and Kate Brzozowski, Westlane High
School, wish to invite members of Council and the community to a fund raising event on
May 2, 2003 at the Ameri-Cana, for Ray Anderson.
TVN Television Niagara Inc.
Wendell G. Wilks, President & CEO, TVN Television Niagara Inc. wishes to
provide information on the company's plans and timelines for a new television station.
ITEM NO. 16
-2-
PLANNING MATTERS
Public Meeting
Official Plan & Zoning By-law Amendment Application
AM-35/2002, 6753 Lyon's Creek Road
Applicant: Steve Rizvic
Agent: Dennis Savriga, Planner
Proposed Restaurant & Retail Development
Background Material:
Recommendation Report: PD-2003-39
- AND -
Correspondence from Regional Niagara, Public Health Department
Correspondence from Delcan Corporation
Correspondence from Mr. Dennis Savriga
Correspondence from Regional Niagara, Planning &
Development Department
ITEM NO. 17
Public Meeting
Zoning By-law Amendment Application
AM-42/2002, 6870, 6886 & 6888% Drummond Road
Applicant: S. Navaroli
Agent: Richard Brady, Planner
Proposed Apartment Development
Background Material:
Recommendation Report: PD-2003-36
- AND -
Correspondence from Regional Niagara, Planning
And Development Department
ITEM NO. 18
Public Meeting
Zoning By-law Amendment Application
AM-10/2003, 4915 Clifton Hill
Applicant: Canadian Niagara Hotels Inc.
Agent: Emilio Raimondo, Architect
Proposed TentJAir-supported Structure
-3-
Background Material:
Recommendation Report: PD-2003-40
- AND -
Memorandum from Adele Kon, Parks, Recreation & Culture
Correspondence from Regional Niagara, Planning
and Development Department.
ITEM NO. 19
Public Meeting
Zoning By-law Amendment Application
AM-09/2003, 4601 Second Avenue
Applicant: Nance & Kevin Kilpatrick
Proposed Bed & Breakfast Accommodation
Background Material:
Recommendation Report: PD-2003-42
- AND -
Correspondence from Mrs. Guy Fenner
Correspondence from Matt Archer
Correspondence from Paula Berketo, Landscape Architect
ITEM NO. 20
Public Meeting
Zoning By-law Amendment Application
AM-08/2003, 8240 McLeod Road
Dave Styles, Legalization of Retail Store
Background Material: PD-2003-43
- AND -
Correspondence from Regional Niagara, Planning &
Development Department
ADOPTION OF MINUTES:
REGULAR COUNCIL
Regular Minutes of March 31,2003 and Regular Minutes
of April 7, 2003.
-4-
MAYOR'S REPORTS, ANNOUNCEMENTS, REMARKS
COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
2003 Pitch-In Canada Week - Re: Proclamation - requesting that Council proclaim
the week of April 21 - 27, 2003 as "Pitch-in Canada Week" in Niagara Falls.
RECOMMENDATION: That the request be supported.
Additional Items for Council Consideration:
The City Clerk will advise of any further items for Council consideration.
FINANCE DEPARTMENT MATTERS
1. Chief Administrative Officer
2. Chief Administrative Officer
REPORTS
F-2003-15, 2003 General Purposes Budget; First
Quarter Amendment.
F-2003-16, Municipal Accounts.
MUNICIPAL WORKS MATTERS
1. Chief Administrative Officer
MW-2003-78, Additions and Alterations; Fire
Station #4 Chippawa, 8696 Banting Avenue.
MISCELLANEOUS MATTERS
1. Chief Administrative Officer
2. Chief Administrative Officer
L-2003-31, Declare Surplus and Authorize the
Conveyance of Part of Laneways located
northeast of Centre Street.
L-2003-32, Jolley Cut, Transfer of Land.
RATIFICATION OF COMMITTEE-OF-THE-WHOLE MATTERS
-5-
BY-LAWS
The City Clerk will advise of any additional by-laws or amendments to the by-
laws listed for Council consideration.
2003-78
To amend By-law No. 395, 1966, of the former Township of Willoughby, now
in the City of Niagara Falls and By-law No. 79-200, to permit a single
detached dwelling and permit the single detached dwelling to be used as a
tourist home. (Re: AM-04/2003, Jeff Dennington)
2003-79
To amend By-law No. 5335, 1955, to permit the erection and use of a tent or
air-supported structure. (Re: AM-10/2003, Canadian Niagara Hotels Inc.)
2003-80
To declare parts of two laneways on registered Plan No. 291 designated as
parts 1, 2, 3, 4 and 5 on Reference Plan No. 59R-11934 surplus and to
convey the said parts to the abutting owners for fair market value.
2003-81
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 laws.
2003-82
To authorize the execution of a Subdivision Agreement with 1006057 Ontario
Limited respecting Graham Street Extension Subdivision.
2003-83
To authorize the execution of a Subdivision Agreement with Mark Dwight
Dimond and Patricia Maralee Dimond respecting Creekside Court
Subdivision.
2003-84 To authorize monies for General Purposes (April 14, 2003)
2003-85
To adopt, ratify and confirm the actions of City Council at its meeting held on
the 14th day of April, 2003.
NEW BUSINESS
NIA A
PUBLIC HEALTH DEPARTMENT
The Regional Municipality of Niagara
INSPECTION DIVISION
573 Glearidge Avenue
St. Catharmes, Ontario L2T - 4C2
Telephone: 905-688-3762 or 1-800-263-7248
Fax: 905-641-4994
E-mail address: inspect(~regional.niagara.on.ca
March 5, 2003
Attention: Dean Iorfida
Niagara Falls City Hall
Clerks Office
P.O. Box 1023
Niagara Falls, Ontario
L2E - 6X5
Dear Mayor and Members of Council:
Re: Letter of intent to present to Niagara Falls Council
This letter is to confirm a request by the Regional Niagara Public Health Department to
make a presentation about the departments 2003 West Nile Virus response plan to the Niagara Falls
City Council at the earliest convenience.
The purpose of this request is to permit the Director of Health Promotion and Protection,
B join Christensen the oppommityto outline this important public health protection initiative for
the City of Niagara Falls and the Niagara Region.
The presentation itself will include an overview of the buMen of illness as k pertains to
Ontario, the Niagara Region and in particular, Niagara Falls. It will highlight the strategies that this
department in consultation with other stakeholders such as the City of Niagara Falls, would pursue
in 2003 in order to lower the burden of illness in all municipalities in the Niagara Region.
Any questions regarding this request can be directed to myself (Ext.7417) or Mary
Heyermans (Ext. 7212). Accompanying handouts to be sent at a later date.
Sincerely,
FDoaSidR2.~e~B~' ~ ,B 'Mi~, Si~'3t~P 'FFH 'RC~( (~
Medical Officer of Health
...Dedicated to achieving a Healthier Niagara
February 25, 2003
His Worship, Mayor Wayne Thomson.
P~rsonal and Confidantial.
Dear Mayor Thomson:
Re: TVN nresentafion to City Council,
As you know TVN Niagara Inc. has received a unanimous motion of support from
Niagara Regional Council, which you supported and we are most grateful for that.
Whereas we covet to be an int6~ral pm-'t of the City o£ Niagara Falls futura we think it is
essential for us to present our plans first hand to you and your fellow Councillors.
Therefore flit is possible I would like to make a forrmd 10 minute maximum presentation
with questiom-auswe~s to provide a full update on our pl~n~ and fimelines.
Respectfully,
Wendell G. Wilks
President &CEO
TVN Tdevision Niagara
101 King Street, The Old Courthouse Suite # 12
St. Catharines, Ontario L2R 3H6
416-525-3966 WW Cell Main: 905-685-7773 Fax: 905-685-7110 Wilk${l~,lstar. ca
NIF.£TIt4' PRu' 1 7 2003
Westlane Secondary School 5960 Pitton Road
Falk~,
(905_!.356'2401
FebruarY3~,2003.
Regarding: Ray of Sunshine Celebritg Sports Dinner and Auction
Dear
A committee has been formed to create a fundraiser for Ray Anderson. Ray was the star running
back of the Westlane Secondary School Spartans football team during the past five years. In a short
instance, Ray's life was changed forever, left paralysed from the neck down after being involved in
a tragic car accident.
We are reaching out to you and the community to assist us in raising money to help offset some of
the medical expenses and equipment needed to help Ray and his family. ~
Our event is called the Ray of Sunshine Celebrity Dinner and Auction and will take place on May
2'd, 2003 at the Ameri-Cana Resort and Conference Centre located on Lundy's Lane in Niagara
Falls. Two of our local celebrities, Mike Strange and Billy Irwin will be assisting us with this
initiative. A silent and live auction will take place during the event.
Please help by contributing an item to our silent auction or by purchasing a table for the evening.
Tables are set for ten people at the $500.00 per table. Individual tickets are available at a cost of
$50.00.
Call Martin M~/ncuso at
itera/s (and/or) reserve your table.
(905) 356 2401 (school) to donate your auction
Let us not forget, "LIFE IS SO PRECIOUS".
Niagara Parks Commission
Sincerely yours,
Martin Mancuso
Head Football Coach
Westlane Secondary School
PLAHNINGMF..ETING APR ! ?,ZO_03
'1
FRI. MAY2, 2003
Americana Resort & Conference Centre
Symposium: 5:30 Dinner: 6:30
Auc{/on ~o Fo/iow
TICKETS: $50. each
Tickets Available @ Westlane Secondary School
905-356-2401
Ken Welch, CHTV
Marcel Dlonne, NHL Great!
Herbie Kuhn, Voice of the Toronto Raptors
~1~-~ ~ Ir~/ud~:
Mike Stranges, Billy Irwin, Cathy Sherk
Niagara's Champions
Ralph Scholz
Former Hamilton TiCat
Mike Smrek
2 t/me NBA World Champ, LA Lake~
Frank Pietrangelo
Former NHL Goalie
Larry Playfair
Former NHL Player
Russ Jackson
CFL Hall of Famer
Rocky DiPietro
CFL Flail of Famer
Steve Ludzik
Former NHL Player
Fred Stanfield
Former NHL Player
As the result oJ~a tragic car accident tn k;ovember 2002, Ray Anderson,
?/cxtlane ~s' star athlete, and role model ,~uffkred paralyzing injuries.
~?tuclenta, teachers, fi'lend3' and the community at large have
rallied together to help bring financia! as,ristonce to l~ay & his.family
The City of
Niagara Falls
Canada
Corporate Services Department
Planning & Development
4310 Queen Street
P.O. Box 1023
Niagara Falls, ON L2E 6X5
web site: www.city.niagarafalls.on.ca
Tel.:
Fax:
E-marl:
(905) 356-7521
(905) 356-2354
pianning@city.niagarafalls.on.ca
PD-2003-39
Doug Darbyson
Director
April 14, 2003
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re:
PD-2003-39, Official Plan & Zoning By-law Amendment Application
AM-35/2002, 6753 Lyon's Creek Road
Applicant: Steve Rizvic
Agent: Dennis Savriga, Planner
Proposed Restaurant and Retail Development
RECOMMENDATION:
It is recommended that:
1)
Council approve the requested amendments to the Official Plan and Zoning By-law No. 395
to permit the existing 5,500 square feet building at 6753 Lyon's Creek Road to be utilized
for restaurant and retail uses on an interim basis until such time that the land develops for
residential uses that are in concert with the Residential designation;
2)
the Site Plan Control By-law No. 2001-103 be amended to place the subject land under site
plan control; and
3)
the owner be required to enter into a site plan agreement with the City and deposit sufficient
securities to guarantee the site works.
BACKGROUND:
On November 18, 2002, Council considered the above application. Due to resident opposition,
Council deferred the application, at the applicant's request, in order to allow the applicant the
opportunity to address the concerns of the residents.
The amendments are requested for the land known as 6753 Lyon's Creek Road, as shown on
Schedule 1. The amendments have been revised and the applicant is now only proposing a restaurant
and retail stores within the existing building. Details are shown on Schedule 2.
Working Together to Serve Our Community
Clerks Finance Human Resources Information Systems Legal · Planning & Development
April 14, 2003 - 2 - PD-2003-39
The land is currently designated Residential in the Official Plan and is zoned Village Residential
under By-law No. 395, for the former Township of Willoughby. The applicant is requesting a
Special Policy Area to be added to the Residential designation of the land to permit the proposed
uses. Complimentary site specific zoning provisions have also been requested to be applied to the
site to permit the development.
Planning Analysis
1. The concerns previously expressed by the adjacent residents have been addressed.
At the public meeting on November 18, 2002, neighbouring residents noted concerns with
the proposed development regarding traffic, noise, lighting and the structural integrity of the
building.
The application has been scaled down from the initial proposal in that the tourist
information centre use and the residential component have both been eliminated.
The proposal now involves the establishment of restaurant and retail uses within the
existing building. Moreover, the applicant has informed staff that the intent is not
to nm a 24-hour operation. As such, impacts on the surrounding lands should be
lessened as the development will be contained within the existing building only.
The applicant has submitted a general transportation opinion letter from Delcan
Engineering (see attached) regarding site access and traffic generation of the
proposed development. The letter states it is unlikely that there would be any
significant trips generated by the development; the nature of the development is the
attraction of drive-by traffic rather than being destination oriented. The letter further
states that as Lyon's Creek Road is currently operating at about 30% of its capacity,
the road will be unaffected by the development. Site access is also satisfactory. As
the location of the driveway will be shifted westwards, the potential for track U-tums
should be significantly reduced or eliminated. It should be noted, however, that a
formal detailed traffic impact study should be conducted to confirm these points.
The study will be a condition of site plan approval.
The structural integrity of the existing building has been confirmed by a structural
engineer. The letter fi:om M. A. Steelcon Engineering is attached.
Noise and lighting can be addressed at site plan approval. Noise can be mitigated
through the use of landscaped berms around the parking area. Lighting can be
installed with lands or shields that direct light dowmvards and eliminate glare onto
adjacent properties.
The Official Plan amendment for the establishment of restaurant and retail uses within
the existing building is appropriate.
The lands on the Lyon's Creek Road/Dell Road/Reixinger Road quadrant and those on the
south side of Lyon's Creek Road are designated Residential in the Official Plan. However,
the location of the property and the increase in traffic on Lyon's Creek Road creates the
opportunity for commercial development. The Residential designation permits only limited
April t4, 2003 - 3 - PD-2003-39
small-scale neighbourhood commercial uses which are meant to serve the day-to-day needs
of nearby residents. The location of neighbourhood commercial uses is to be determined
through either secondary planning or the subdivision process.
The use of the existing building for limited commercial purposes is a reasonable
proposal for the land at this time. As the intent of the development is to capitalize
on the increased drive-by traffic and that there is no nearby neighbourhood, the
proposal cannot be considered neighbourhood commercial. Clearly, the proposal is
an exemption to the Residential designation and an Official Plan amendment is
therefore required.
A change in designation of the property is not appropriate as this would allow for
further commercial development of the land. Secondary planning on the quadrant
should be undertaken to further refine future land uses, the relationship with the
Resort Commercial lands to the north and west and to investigate road patterns.
Therefore, retention of the Residential designation is appropriate with a Special
Policy Area designation that will permit the limited commercial development of the
existing building for the propose of serving the motoring public. This will permit the
commemial development as an interim phase until such time that further
development of the subject land in concert with the Residential designation occurs.
Limiting the commercial uses to the existing building only will restrict commercial
development of the land.
The requested amendment to Zoning By-law No. 395 is appropriate.
The subject land is zoned Village Residential in By-law No. 395. The lands to the west are
zoned Highway Commercial. The majority of the lands to the east and south in the Lyon's
Creek/Reixinger Road/Dell Road quadrant and along the south side of Lyon's Creek are also
zoned Village Residential. Single family dwellings and uses ancillary to residential
development such as schools, churches, libraries and doctors' offices are permitted under this
zoning.
The applicant proposes to retain the Village Residential zoning and to add the
restaurant and retail uses as permitted uses within the existing building. Retention
of the Village Residential zone will allow further residential development of property
as intended by the Official Plan and Zoning By-law No. 395.
In order to limit the size of the parking area, and its impacts, the parking area will be
limited to the minimum number of parking spaces required by the Zoning By-law for
the development.
The amending by-law will include provisions to regulate the uses permitted in the
existing building, maximum number of parking spaces and landscaping. No outside
storage is to be permitted.
April 14, 2003 -4 - PD-2003-39
CONCLUSION:
In conclusion, amendments to the Official Plan and Zoning By-law to establish restaurant and retail
uses within the existing building can be supported because:
A Special Policy Area under the current Residential designation is appropriate. The
restaurant and retail uses will be limited to the existing building only.
· The proposal has been scaled-down to restaurant and retail uses only.
The amending zoning by-law will include provisions to regulate the uses, maximum number
of parking spaces and landscaping.
A site plan agreement will be required of the applicant to address traffic details, servicing,
landscaping, noise and lighting.
Planner 2
Respectfully submitted:
Recommended by:
Doug Darbyson
Director of Planning & Development
Approved by:
T. Ravenda
Executive Director of Corporate Services
JB:am
Attach.
S:~PDR~2003~PD2003-39, 6753 Lyon's Creek.wpd
SCHEDULE 1
LOCATION MAP
Subject Property
Reixin Road
Amending Zoning By-law
6753 Lyon's Creek Road
Applicant: Steve Rizvic
No. 79-200
AM-35/2002
C~$TELf~[
NIA~A
PUBLIC HEALTH DEPARTMENT
The Regional Municipality of Niagara
Office of the Medical Officer of Health
573 Glenridge Avenue
St. Catharines, Ontario L2T 4C2
NIAGARA FALLS OFFICE
Telephone: (905) 356-1538
FAX: (905) 356-7377
E-mail address: nrphd-nf@regional.niagara.on.ca
December 2, 2002.
Mr. Doug Darbyson, MCIP, RPP,
Director of Planning & Development,
City of Niagara Falls,
4310 Queen Street,
Niagara Falls, ON L2E 6X5
Dear Mr. Darbyson:
RE: OFFICIAL PLAN and ZONING BY. LAW APPLICATIONS
NORTHEAST CORNER LYON'S CREEK ROAD and
DELL ROAD, east of Q.E.W. - Steve Rizvic
Please be advised that we have reviewed the above-mentioned
appfication and offer no objection to the zoning amendment.
The private waste disposal system to service this development should be
engineered and determined to meet the requirements of the Ontario Building
Code or the requirements of the Ministry of Environment should the flow rate
exceed 10,000 L/day.
I trust this information meets with Yo~approval.
For'.
T. Thomson, C.P.H.I.(C),
R.C. WILLIAMS, MD, DPH, FRCP(C),
Medical Officer of Health
L YONSCREEK/DELL. TAT
RECEIVED
DEC 16 2002
PLANNING
' D.,..~__~ V.E L O P M E N T
DElCAN
March 10, 2003
Steve Rizvic
12 Leslie Drive
Stoney Creek, Ontario
L8G 2P9
RECEIVED
2003
PLANNING
& DEVELOPMENT
Attention: Mr. Rizvic
Re:
Proposed Restaurant and Accessory Development, 6753 Lyons Creek Road
City of Niagara Falls, Ontario
Dear Sir:
As requested, we have prepared general transportation opinion about the site access issues and traffic
likely to be generated by the proposed development. The opinion letter has been prepared based on the
information provided to us and at this point no detailed technical analysis has been performed. The
opinion expressed in the letter may subject to change following the detail traffic analysis and/or, if any
new issues are brought forward by the client, approval agencies or area stakeholders.
The proposed development is located in the northeast comer of the Lyons Creek Road and Dell Road
intersection with one proposed access to and from Lyons Creek Road. Generally, the area is undeveloped
with the exception of the Willowdell Golf course. Lyons Creek Road is a two lane rural roadway
connecting to Montrose Road on the west and Stanley Avenue on the east with an interchange to the
QEW. The interchange configuration at Lyons Creek Road is a Parclo - A, which is a high capacity
interchange with free flow right turn on-ramps.
Based on the year 2000 counts along Lyons Creek Road in this area the Annual Average Daily Traffic
(AADT) were 5,600 vehicles. The previous counts in this area were carried out in the year 1998, which
shows 5,550 vehicles on a daily basis. Thus, in 2 years there has been an increase of just 50 vehicles on a
daily basis, which is about 0.5% annually. Continuing with the same trend in the year 2003 the AADT in
this area would be about 5700 vehicles. During the summer, traffic along Lyons Creek Road increases by
about 20%. This results in a Summer Average Daily Traffic volume (SADT) of about 6,850 vehicles.
Assuming that the peak hour traffic is 10% of the daily traffic the summer two-way traffic peak hour
volume on Lyons Creek Road between the QEW and Stanley Avenue would be 685 vehicles. Typically
for a two-lane rural roadway under free flow conditions, the lane capacity is at least 1000 vehicles per
hour per direction. This would indicate that only one-third of the available capacity is currently utilized.
The site consists of an existing 510 sq. m one storey masonry building. The proposed land use consists of
a sit down restaurant (75 seats), Cafeteria (89 seats), Ice Cream parlour (40 sq. m), tourist information
area (40 sq. m) and public washrooms. The current site indicates the provision of 90 parking spaces and
one site access to and from Lyons Creek Road, located about 120 metres east of Dell Road. These land
uses are focused on servicing pass-by traffic on both QEW and Lyons Creek Road. Given the nature and
location of the development it is unlikely that there would be any significant primary trips attracted. The
proposed development will generate a total of about 150 trips during the weekday PM peak hour and
about 200 trips during the weekend peak hour. p~JqJ~G ~~'~[ '~ &p~ ~ 7 ~}0~~
DELCAN CORPORATIO~
.Proposed Restaurant and Accessory Development, 6753 Lyons Creek Road
March 10, 2003
Page 2
A preliminary review of the operation of the site access / Lyons Creek Road intersection reveals that it
will operate at an acceptable level of service and that there is sufficient separation between the site access
and Dell Road. With the Parclo - A interchange configuration it is not expected that the additional traffic
movements introduced by the proposed development will adversely impact the operation of the ramps.
In summary, based on this cursory review of available information, the adjacent roadway network,
intersections and interchange have sufficient capacity to accommodate the proposed development. This
statement should be confirmed through a formal detailed traffic impact study.
If you would like any additional information or would like to discuss any aspect of our submission, please
contact the undersigned or Mr. Nick Palomba, P.Eng. at (905) 356 7003.
Yours truly,
DELCAN Corporation
Mr. Manoj Dilwaria, B. Eng., M.P1. (Transp.)
Senior Transportation Planner
attach.
CC: Dennis Sawiga
DELCAN
March, 16,2003
Mr. D Darbyson
Director of Planning and Development
City of Niagara Falls
4310 Queen Street,
Niagara Falls, Ontario,
L2E 6X5
Dear Mr. Darbyson
Re: Official Plan and Zoning By-law Amendment Application
File AM-35/2002, 6753 Lyon's Creek Road.
Proposed restaurant and related uses.
Further to my letter of November 6th,2002 and our meeting of January 6th,2003, the following
information is provided.
no residential units are proposed and the development will be limited to the existing
building.
· the Tourist Information Centre use is removed.
it is understood that the development is on private services and all financial demands
required to improve and maintain them, as required by the Regional Public Health
Services, and the City ,is the responsibility of the owner.
the matter of the condition of the bttilding has been raised. As noted in the report, which
was submitted with the application, the poor appearance of the building is due to the
plywood used to protect the building fi.om vandalism. The structural integrity of the
building has been confirmed by a structural engineer and his comments have been
submitted to the city. A proposed building elevation plan was submitted with the
application. At this time it is expected that the cost of renovation and building facade
improvements will be in excess of three hundred thousand dollars ($300,000).
the matter of traffic was raised. Attached is a letter from a traffic engineer which in
smmrt~ states that only one-third of the available capacity is currently used, that the
operation of the site access will operate at an acceptable level of service; the roadway
network ,intersections and interchange have sufficient capacity to accommodate the
proposed development. These statements will be confirmed through a traffic impact study
at the time of site plan approval.
at the. time of site plan approval it is anticipated physical requirements will be provided on
site to address neighbourhood concerns. Berms and landscaping will be provided along
that portion of Lyon's Creek Road east of the new driveway. This will minimize any
effects of the development on those residents on the south side of Lyon's Creek Road.
I would appreciate meeting with you, at the time of the preparation of the report, to review any
matters of concern.
6452 Jupiter Boulevard
Niagara Falls Ontario
L2J 4E6
April 8, 2003
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
APR 1 0 2003
PLANNING
& DEVELOPMENT
D.IO.M,11.20
Mr. Doug Darbyson, MCIP, RPP
Director of Planning
City of Niagara Falls
431 0 Queen Street
Niagara Fails. ON L2E 6X5
Dear Mr. Darbyson:
Re:
Official Plan and Zoning By-law Amendment Applications (Revised}
North Side of Lyon's Creek Road (Regional Road 47), east of the QEW
Steve Rizvic
City of Nla.qara Falls
These applications originally proposed the conversion of an existing building into a restaurant,
tourist information centre and retail stores with four residential units proposed for a second
storey addition. City Council deferred these applications to allow the applicant the opportunity
to address concerns raised by area residents, The proposal has now been revised to only
permit a restaurant and retail stores within the existing building. Regional Planning staff
provided a letter dated November 13, 2002 with Regional and Provincial comments on the
original proposal on the original proposal. The following matters remain applicable to the
current proposal.
ReRIonal and, Provincial Planninq Review
The revisions to the application will limit the proposed uses to a restaurant and retail stores
which will be provided within the existing 507 square metre (5,466 square feet) building. This
should reduce the intensity of the proposed d. evelopment. The amendments to the Official Plan
and Zoning By-law should indicate that development is intended to be confined to the existing
floor area, The provision of a planted landscape strip across the frontage on Lyon's Creek
Road (Regional Road 47) should also be provided.
Development in the urban area is expected to be provided with municipal services, The
Regional Policy Plan only allows private services for individual developments under special
circumstances where the lack of complete services will not be a detriment to the environment,
the private development, the municipality or the efficient use of land. Since the proposed
development involves the reuse of an existing building on private services there is some
justification for private services. However, the servicing capacity of the current private water
supply and sewage disposal system must be evaluated to the satisfaction of the Regional Public
Health Department. Ministry of the Environment approval would be necessary for the septic
system if flows are anticipated to exceed 10,000 litres/day. The provision of private services
should only be permitted on an interim basis until full municipal services are extended to this
area,
A tributary of Lyon's Creek to the east is classified as an Important (Type 2) Fish Habitat by the
Ministry of Natural Resources. This extends a short distance to Lyon's Creek which is classified
PLANNING MEETING_ APR I 7 ZOO3 _.
2
as a Critical (Type 1) Fish Habitat and includes Provincially Significant Wetlands. A substantial
perking area is proposed and surface run-off will flow to these watercourses. Therefore, a
Stormwater Management Plan should be prepared to control storm drainage end to protect
water quality. This can be implemented at the site plan agreement stage with additional input
from the Niagara Peninsula Conservation Authority.
The Regional Public Works Department has provided comments on these applications which
ere attached. A Traffic Impact Study has been requested for review and approval. The
geometric design of the entrance must be submitted for approval and a Regional Construction
Encroachment and/or Entrance Permit must be obtained prior to construction. Stormwater
drainage flows toward Regional Road 47 (Lyon's Creek Road) cannot exceed pre-development
flows. These matters should be addressed and implemented through the necessary site plan
agreement.
In conclusion, Regional Planning staff would not be opposed to the approval of these
applications from a Regional or Provincial planning perspective provided that the development
is restricted to the existing building floor area and subject to the approval of pdvate services by
the Regional Public Health Department. The implementation of a Stormwater Management
Plan, planted landscape strip across the frontage and requirements of the Regional Public
Works Department should all be considered through the site plan agreement to be entered into
between the City and the owner.
Please send notice of City Council's decision on these applications. In padicular, please
forward the Record associated with the Official Plan amendment in order that Regional Planning
staff can continue processing it for final approval. The applicant, by copy of this letter, is also
advised that a Regional processing and review fee of $1,300 is necessary to finalize the Official
Plan Amendment. Please do not hesitate to contact Peter Colosimo, Planner, if there are any
questions.
Yours truly,
David J. Farley
Director of Planning Services
C:
Mr. D. Savdga, 6452 Jupiter Boulevard, Niagara Falls, ON L2J 4E6
Ms. S. Mclnnes, MCIP, RPP, Niagara Peninsula Conservation Authority
Mr. D. Beresh, Regional Public Health
Mr. W. Stevens, Regional Public Works
pc/NFzbla/Lyons Creek Rd. Rizvic-Revised
Tile REGIONAL MUNICIPALITY OF NIAGARA
MEMORANDUM
DATE:
TO:
SUBJECT:
April 10, 2003
Peter Colosimo, MCI. P, RPP
Planner
Planning and Development Depa~hnent
Zoxfi~g By-law Amelldllle~t Application - Re~d (AM-35/2002)
Applicant: Steve Rizvic
Proposah To Permit a Reslaurant a~d l~tnll St~res
within an Existing Building
Location: Regional Road 47 (6753 Lyon's Creek Road)
In the City of l~agara Falls
Our l~e: 9.10.047.2 (fD#1749)
Regional Niagara Public Works Depm:t,ent h~s reviewed the above-refercnced revised Zoning
By-law Amendment Application and advise that our previous comments, dated November 13,
111002. (see attached) still remain applicable to this development.
Please note that farther Regiomal comments an grading, site servicing, etc., will be made at the
Site Plan application for the development.
Willi~. StevTns, C.E.T.
Development & Approvals Manager
Public Works Depaztment
Operational Support Services Divisio~
WJS/can -
L:\iullnecrin~_Planr~ng.al~d-13¢~elopm~'g~Ol~evlch~arm~'ll\NiB~ra FaII~\CORKI/spONDENCI$ 2003~Ol~.p,eolos~mo.doc
Attachmel~t
TIIIJ 13:46 FA'~ 9056878056
REGION NUBLIC WORKS
PUBLIC WORKS DEPARTMENT
OPERA TIONA £ SUPPORT SER VICES
'~e Regional Municipal[by of Niagara
22Q!. St. David'~ Road, P.O. Box 1042
Thorold, Ontario LZV 4.T7
November 13, 2002
Via Fax: 905.356-2354
' Doug Da~byson
Director of Pla~ing ~ Development
City of Niagara Falls
Dear Mr. Darbyson:
Zoning By-law Amendment Application (AM-35/2002)
Applicant: St~ve P. izvic '
Proposal: To Permit a Restaurant, Tourist Information Centre and Retail Stores Within the
Existing Building and I~our (4} Residential Dwenlng Units within a ~'llture 2nd Storey Addition
Location: Regional Road 47 (6753 Lyon's Cr.~k Road)
In the City of Niagara Falls
Our File: D.10.047.2 (ID#1749) .,
Regional Niagara Pablic Works Depanmcm has no objection to the above-referenced Zoning
By-law Amendment Application and provide the following comments:
1)
Regional Road Widening
This portion of Regional Road 47 (Lyon's Creek Road) has a road allowance width of
approximately IlO-feet, therefore, no furthe~ widening is requixed-
2)
3)
Regional Road
A Traffic Impact Study for the entire site must be provided for our review and
approval.
Sit6 Access
The geometric desiga for ~e entranceway nmst be submitted los 6ur review aa~t
approval, prior to site plaa approval.
4)
Servicing
No se~icing is available iR this ~ea, ~erefore, the septic ~ank and tile bed s~stem will
require the approval of the Regional Niagara 19~Ec Health Department.
Site Stormwater Drainage
Post.development flows towards Regional Road 47 (Lyon'$~ Creek Road) must not
exceed pre-development flows,
Phone; (905) 68§-1571 Fax: (905) §87-B056
%800-263-7215 Website: www.reoional.niaflara,on.ca
REGION PUBLIC W011KS
Doug Darby$on
Director of pl~..i.g ~d De¥clopme~t
City of Niagara Falls
Novemb~ 13, 2002
Page 2
Regional Perafit Requirements
Prior to any cou$~uction taking place within a Regional road allowance, a Regional
Construction Encroachment and/or Entrance Permit must be obtained. Applications
must be made through the Permits Section of ~e O. verational Suppor~ Services Division of
Rte Public Works D~partment.
Should this rezoaing be approved, further comments will be made'through the ske plan process,
Development & Approvals Manager
WJS/cm
L:\Engineefing-Plarming-and-Development\Dopke-¥ic\Niagara Falls\CORRESPONDENCE
2002\7705.d.darbyson,ciV] of niagara falls.doc
c: Peter Colosirno, Planner, planning ~ Development Department
The City of
Niagara Falls
Canada
Corporate Services Department
Planning & Development
4310 Queen Street
P.O. Box 1023
Niagara Falls, ON L2E 6X5
web site: www,city.niagarafalls.on.ca
Tel.:
Fax:
E-mail:
(905) 356-7521
(905) 356-2354
planning@city.niagarafalls.on.ca
PD-2003-36
Doug Darbyson
Director
April 14, 2003
His Worship Mayor Wayne Thomson
and Members of the Murdcipal Council
City of Niagara Falls, Ontario
Members:
Re.'
PD-2003-36, Zoning By-law Amendment Application
AM-42/2002, 6870~ 6886 & 6888 ~A Drummond Road
Applicant: S. Navaroli
Agent: Richard Brady, Planner
Proposed Apartment Development
RECOMMENDATION:
It is recommended that Council defer the revised Zoning By-law amendment application for 6870,
6886 and 6888 ½ Drummond Road so that matters pertaining to improved street f~ontage and the
integration of fi'ontage lands with the overall site design are properly addressed.
BACKGROUND:
On December 9, 2002, Council held a public meeting to consider a Zoning By-law amendment
application to permit the development of two, three-storey apartment buildings providing a total of
68 dwelling units. Council deferred the application to allow the applicant the opportunity to address
the concerns of the residents and staff through a revised design.
The application is now revised. The number of dwelling units has been reduced from 68 to 59. One
building is to have 32 dwelling units and the other building 27 dwelling units. Other revisions
include a reduction in the parking area, stepped building forms varying from two to three storeys at
the ends of the buildings and an increase in landscaping. Details are shown on Schedule 2.
The majority of the site is currently zoned Residential Single Family 1E Density (R1E). A small
portion is zoned Neighbourhood Commercial (NC). The applicant is requesting Council to change
the zoning to a site specific Residential Apartment 5B Density (R5B) zone in order to permit the
proposed development.
Working Together to Serve Our Community
Clerks Finance Human Resources Information Systems Legal · Planning & Development
April 14, 2003 - 2 - PD-2003-36
On February 25, 2003, a neighbourhood meeting was held by the applicant's planner to inform
residents of the revised design and obtain comments. Only one resident attended the meeting. The
resident advised that neighbourhood residents did not want to attend the meeting as it was perceived
that attendance may compromise the ability to oppose the application.
The Planning & Development Division's previous report PD-2002-107 is attached for further
background.
Planning Analysis
1. The revised design complies with the Official Plan.
The Residential policies of the Official Plan encourage intensification of land use through
infilling and the provision of a mix of housing to cater to a wide range of households, lnfilling
is to be designed to achieve compatibility and sensitivity in terms of density, height gradation,
building mass and arrangement, setbacks and appearance.
The subject lands are currently underutilized and are quite deep, thus, opportunity exists
for infil development. The width of the lands does not allow for the development of a
subdivision. (A width of at least 260 feet would be needed for a subdivision of singles or
semi's. The lands are only 168 feet wide.) Given that the lands have convenient access
to an arterial road (Drummond Road) and are in close proximity to schools, parks, open
space and neighbourhood commercial areas, the property is suitable for a low-rise
apartment development.
The revised plan shows that the number of units has been decreased from 68 to 59. Staff
had expressed concerns with the impact of 68 units on the surrounding residential lands
and also that such a density could not be achieved due to an irregular parcel shape. The
decreased number of units has reduced impacts, as detailed below. It has also brought the
density down toward 20 unit/acre as was recommended by staff.
Two buildings, which are three storeys in height with two-storey sections at each end, are
now proposed. Three-storeybuildings are typically located adjacent to neighbourhoods of
single-detached dwellings and integrate well. The massing of the two buildings will be
lessened by the stepped form of the revised design and since the buildings are well set back
from the south property line.
Landscaped open space has increased from 36% to 43% and the area of the parking lot has
been correspondingly reduced. Landscaping between the parking lot and the residential
lands along Churchill Street has been increased to ten feet. While this is not the 15 feet
that staff had previously recommended, ten feet would be sufficient if intensely planted and
a closed-board fence erected on the property line. This issue can be addressed at the site
plan review stage, where the applicant will be required to submit a landscape plan for a
more detailed staff review.
The revised design provides a 25-foot setback from the north property lines. This responds
to staff's previous concern that a 19-foot setback would not provide sufficient amenity
space and separation distance. A 25-foot setback is in keeping with a rear yard of a single
or semi-detached dwelling.
April 14, 2003 - 3 -
2. The requested Zoning By-law amendment is appropriate in part.
PD-2003-36
The R1E and NC zoning of the lands are requested to be changed to a site specific R5B zone.
With the exception of inadequate street frontage on Drummond Road, the proposed
amendment to the Zoning By-law is appropriate because:
· the height and density of the project closely approximates the R5B zone regulations; and
site specific zone provisions will be included in the amending by-law with respect to the
number of units, building height, setbacks and landscaping in order to ensure that specific
improvements to the project's design will be implemented.
3. Lack of street frontage and poor urban design
As noted in the previous staff report, the project does not have full frontage onto Drummond
Road. While the frontage lands are owned by the proponent, only 18 metres (60 feet) of lot
frontage is being proposed for the entire one hectare (2.5 acres) apartment site. The normal
R5B apartment zone requires a minimum of 30 metres of frontage. Greater street frontage
would give the development a better street presence on Drummond Road. The current design
segregates the apartment dwelling from the overall community fabric and creates a potentially
incompatible relationship between the commercially zoned lots at the front with the proposed
apartment development to the rear. All three properties which comprise the current ownership
should be designed and developed holistically so as to provide for an enhanced street presence,
consolidation of ingress and egress points, oppommifies for improved building and parking
arrangements and a further reduction of potential land use conflicts.
CONCLUSION:
While improvements to the application have been made in terms of density, height gradation,
landscaping and setbacks, no attempt has been made to integrate the frontage lands and to improve
the street presence of the proposed project. These matters were identified in stalTs assessment of
the original application and remain outstanding with respect to the revised application. For this
reason, staff cannot recommend approval of the application. The application is recommended for
deferral in order to permit the applicant a further opportunity to address these outstanding matters.
Any comments received at the public meeting should also be considered.
Appro~ved by:
T. Ra
Executive Director of Corporate Services
Recommended by:
Doug Darbyson
Director of Planning & Development
F'~Respec~fully sub,itt ed:t /
Chief Administrative Officer
Attach.
SSPDRX2003~PD2003-36, 6870,6886&6668 1.5 Drummond.wpd
SCHEDULE 1
LOCATION MAP
Subject Property
Amending Zoning By-law No. 79-200
6870, 68868 & 6888 1/2 Drummond Road
Applicant: Falls City Design/Build
AM-42/2002
I :NTS
I11
C~
C
I11
PLANNING AND DEVELOPMENT DEP,
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: pran@regional.niagara.on.ca
February 20, 2003
File: D.10.M.11.23
Mr. Doug Darbyson, MCIP, RPP
Director of Planning & 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 Drummond, north of Churchill St.
Falls City Design/Build
City of Niagara Falls
Your File: AM-42/2002
RECEIVED
PLANNING
DEVELOPMENT
Regional Planning staff provided comments to the Niagara Fails Planning and Development
Department on the above referenced application and supported the proposal subject to the
City being satisfied with site design details. It is my understanding that City Planning staff
recommended that this development proposal be deified and that City Council subsequently
adjourned the public meeting to allow staff and the developer to further discuss local
concerns. Regional Plannihg staff met with City Planning staff and the proponent to discuss
the proposal. We have now had the opportunity to review a revised development plan and
wish to provide the following additional comments for your consideration.
The applicant has indicated that this project is intended to be a rental housing development.
As you are aware, the construction of new rental apartment buildings in Niagara has been
almost non-existent for some time. There is an increasing need, therefore, to find
opportunities to expand the supply of rental accommodations to meet changing needs and
to maintain affordable housing choices. The Regional Policy Plan promotes the efficient
use of land in urban areas through infilling, redevelopment and increased densities to build
sustainable communities. Additional policies are being formulated to implement the
Region's recent Smart Growth strategy. This will further promote principles such as
compact forms of development and walkable neighbourhoods in an effort to have cost
effective growth and to more effectively manage resources.
Local municipalities are encouraged to look at creative methods to utilize land in existing
neighbourhoods more efficiently. The irregular shape of parcels, developing behind existing
buildings and the provision of mixed land uses are all characteristics that may be
encountered in Smart Growth projects. This requires a different planning approach than
traditional planning principles applied in "Greenfield" areas. The Drummond Road
apartment proposal represents an opportunity to implement the Region's Smart Growth
strategy since this an underutilized site within walking distance to neighbourhood
pLAi ,NtNG , EET)NG___JICR
commercial uses and public transit. At the same time, Regional Planning staff share some
of the City's earlier concerns with ensuring that this project is compatibly integrated into the
neighbourhood.
The proposed infill residential project has been reduced from 68 to 59 apartments units in
two buildings. Also, a building height gradation is now facilitated with a "stepped" height of
two storeys at each end and three storeys for the main section of each building. The
landscape buffer has been increased to a width of 3 metres (10 feet) along the southerly lot
line which provides the opportunity for additional plant material to intensify screening next to
the rear yards of abutting single detached dwellings. All of these measures make a
concerted effort to improve compatibility with the surrounding neighbourhood.
In closing, the proposed apartment development meets Regional and Provincial planning
policies. We trust that the City will also consider the long term benefits this development
may have in terms of strengthening the community and meeting local housing needs. If I
can be of any further assistance, please contact me at your convenience.
Yours truly,
Corwin T. Cambray, MCIP, RP~
Commissioner of Planning a~d Development
C:
Mr. R. Brady, MA, MCIP, RPP, Urban & Environmental Management
8-6100 Thorold Stone Rd., Niagara Falls, ON L2J 1A3
Councillor William Smeaton, Regional Municipality of Niagara
Mr. W. Stevens, Regional Public Works
pc/Nfzbla/Falls City Design-Drummond & Churchill
pAU LA bERKETO,
April 7, 2003
Mr. R. Brady
lANDSCAPE aRCH
TECT
Re: Proposed Apartment Buildings, DL Enterprises
Rick:
Further to our conversation pertaining to the landscape buffer strip indicated on the site plan for
the proposed apartment building complex (DL Enterprises dated October 8, 2002) please find
enclosed the following comments.
The 3.0 m wide strip of land located on the south side of the property between the proposed
parking strip and the existing residential strip is of sufficient width to allow for a planted screen.
This width will allow for a combination of coniferous and deciduous plantings, of sufficient height
to buffer the new development from the existing residential lots. In addition, I have reviewed the
proposed green spaces on the remainder of the plan and note that they are generous in size and
will allow numerous opportunities for greening.
Should you have any questions or comments regarding the above, please do not hesitate to
contact me at 905-356-2177.
,a~ta~e~eto, B.L.A., O.A.L.A.
'Landscape Architect
RECEIVED
APR I u 2003
PLANNING
& DEVELOPMENT
7231 t~OLLIN8 ~,C~E~ C~ESC~NT, n aga ~a fal Is ontario 12j le5
905-356 2177 fax 905-356 2188 e-ma I pberket_o@c0gegc0ca
PI.AlINING T,.ItE~.TIN6 APR 1 ? 2003
The City of
Niagara Falls
Canada
Corporate Services Department
Planning & Development
4310 Queen Street
P.O. Box 1023
Niagara Falls, ON L2E 6X5
web site: www.city.niagarafalls.on.ca
Tel.:
Fax:
E-mail:
(905) 356-7521
(905) 356-2354
planning@city.niagarafalls.on.ca
PD-2003-40
Doug Darbyson
Director
Apfil14,2003
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re'-
PD-2003-40, Zoning By-law Amendment Application
AM-10/2003, 4915 Clifton Hill
Applicant: Canadian Niagara Hotels Inc.
Agent: Emilio Raimondo, Architect
Proposed Tent/Air-supported Structure
RECOMMENDATION:
It is recommended that:
1)
Council approve the requested Zoning By-law amendment to permit a tent or air-supported
structure for the purpose of special occasions to be erected on the roof of the convention
centre at 4915 Clifton Hill; and
2)
the applicant be required to have the proposal comply with the requirements of the Ontario
Building Code to the satisfaction of the Chief Building Official and the Fire Chief.
BACKGROUND:
The amendment is requested for land known as 4915 Clifton Hill, as shown on Schedule 1. The
amendment is requested to permit the establishment of a tent or air-supported structure on the roof
of the existing convention centre for the purpose of special occasions. Details are shown on
Schedule 2.
The land is currently zoned Commercial 1 (C1) under Zoning By-law No. 5335, as amended by By-
law No. 98-155, the latter permitting the 22-storey Sheraton-on-the-Falls Hotel. Site specific
provisions are requested to be added to the zoning of the land to permit a tent or air-supported
structure to be erected on the top of the convention centre for special occasions.
Circulation Comments
Information regarding the application was circulated to City departments, government agencies and
the public for comment. Building and By-law Services have several detailed (see attached)
Working Together to Serve Our Community
Clerks Finance Human Resources · Information Systems Legal Planning & Development
April14,2003 -2-
PD-2003-40
significant concerns with respect to compliance with the Ontario Building Code (OBC). As these
concerns relate specifically to the health and safety of the future occupants, it is recommended that
the applicant be required to address these issues to the satisfaction of the Chief Building Official and
the Fire Chief.
Surrounding Land Uses
North and west of the subject property are a variety of tourist commercial uses including the interim
casino, hotels, restaurants and attractions. South and east is Queen Victoria Park.
Planning Analysis
On April 8, 2002, Council passed By-law No. 2002-061 which enacted several amendments to the
Zoning By-law No. 79-200 to respond to business trends and assist in the administration of the by-
law. One of these amendments added provisions to the by-law that would allow the erection of tents
and air-supported structures for the propose of special occasions, carnivals or for special sales of
plants or garden materials on commercially zoned lands. Up until this time, the Zoning By-law had
prohibited the erection of tents and air-supported structures except on lands zoned Camping
Establishment. The by-law provisions that were passed were the result of several meetings with
representatives of tent rental business and were mutually acceptable to both industry and staff.
The general amendment to Zoning By-law No. 79-200 did not include the subject lands because it
is regulated by By-law No. 5355, one of the old zoning by-laws that predates By-law No. 79-200.
The requested amendment merely seeks to extend the provisions for tents and air-supported
structures for special occasions to the subject land that would have been granted had the lands been
regulated by By-law No. 79-200.
The proposed tent is to be erected on the roof of the existing convention centre, as shown on
Schedule 2. The applicant has provided supporting information that the appropriately engineered
anchoring system has been installed on the roof to support a tent or air-supported structure.
CONCLUSION:
Based on the foregoing, the requested amendment is recommended for approval. OBC issues are
to be addressed to the satisfaction of the Chief Building Official and the Fire Chief. Council should
note the amending by-law is on the agenda for approval, at the applicant's request.
Approved by:
l~'~i~ley
Plan]ler 2 Executive Director of Corporate Services
Recommended by:
Dou~ D~ar yson
Director of Planning & Development
acDonald
dministrative Officer
JB:am
Attach.
S:~PDR~2003~PD2003-40, AM-10-03, 4915 Clifton Hill.wpd
SCHEDULE 1
LOCATION MAP
Subject Property
Location:
Amending Zoning By-law
4915 Clifton Hill
No. 79-200
AM- 10/2003
Applicant: Canadian Niagara Hotels Inc.
I :NTS
March 2003
Community Services Department, Building and By-law Services
Inter. Departmental Memorandum
To: John Barnsley
Planner 2
Date: April 1, 2003
The Cdy of
N,agara Falls lJ~l~
From:
R. Capitano CET, CBCO
Senior Plan Examiner
Ext. 4263
Subject: AM - 10/2003, Zoning By-law Amendment Application
4915 Clifton Hill
I have reviewed the submitted zoning by-law amendment application and offer the following comments.
The proposed structure does not meet the requirements as a "tent" in accordance with Section
3.13 Tents and Air Supported Structures appendix A 3.13 of the Ontario Building Code,
which states, "A tent will normally be constructed of a fabric held up by poles and attached
to the ground by ties. The requirements for tents, however, are not intended to be applied
to fabric structures located on buildings".
The proposed structure does not meet the requirements as an "air supported structure" in
accordance with Part 1 Scope and Definitions of the OBC, which states "Air-supported
structure means a structure consisting of a pliable membrane which achieves and maintains
its shape and support by internal air pressure", and in accordance with Section 3.13 Tents
and Air Supported Structures, appendix A3.13, of the OBC which states "refers to an
envelope which is held up by air pressure alone and which is erected on the ground or on a
building. The structure will usually require ballast or a positive anchorage system around the
entire perimeter to secure it to the ground or building structure".
The proposed structure is therefore considered a storey and must meet the construction
requirements as per Section 3.2.2. Building Size and Construction Relative to Occupancy in
accordance with of article 3.2.2.23;
Group A Division 2 Any Height, Any Area, Sprinklered
the building shall be of noncombustible construction, and
(a) the building shall be sprinklered,
(b) floor assembhes shall befire separations with afire-resistance rating not less than 2 h,
(c) mezzanines shall have afire-resistance rating not less 1 h, and
(d) loadbearing walls, columns and arches shall have afire-resistance rating not less than that required for
the supported assembly.
All required Building Permits to be obtained prior to commencement of construction.
An application for a Building Permit shall include the following items for review:
- Architectural drawings showing all construction in accordance with Item 3, details
conforming to OBC for exits, exit capacity, washroom requirements, seating layout.
- Mechanical/Electrical drawings for fire alarm system, standpipe systems, sprinkler system,
exit lighting, emergency lighting.
- Structural drawings of proposed structure, including design of all Live and Dead loads.
Note: Additional information may be required upon review of the submitted application.
6. A Liquor Licence fi.om the AGCO will be required for any areas used for the consumption of
alcohol.
If the applicant wishes to have the proposed structure reviewed as anything other than a
storey, as defined by the OBC, then an application to the Building Code Commission must be
made.
R. Capit~o CET, CBCO
Working Together to Serve Our Community
Municipal Works · Fire Services · Parks, Recreation & Culture · Business Development · Building & By-law Services
INTER-DEPARTMENT MEMORANDUM
TO: John Bamsley
Planner 2
Copies to:
FROM:
Chief Burke
Assistant Chief C.Ruddell
Assistant Chief Smith
John T. Lair
Director of Fire Prevention
DATE: April 3 2003
SUBJECT: AM-10/2003, Zoning By-law Amendment Application
4915 Clifton Hill
The Fire Department is in agreement w~th the assessment prowded by the comments from the C~ty
Building Department. Any additional Fire Safety concerns can be addressed through the normal
Building Permit process..
If you have any questions regarding the above, or any other fire safety related matter,
please do not hesitate to contact our office.
yours in fire safety,
John T. Laur
Director of Fire Prevention
JTL
Community Services Department
Parks, Recreation & Culture
Inter-Department Memorandum
The City Of ~1~
N,ogor,:, ~,~ ll~ile'
TO: John Barnsley
Planner 2
DATE: March 27, 2003
F ROM: Adele Kon
Ext. 4507
RE:
AM-10/'2003, Zoning By-law Amendment Application
Sheraton on the Falls - Clifton Hill
Please be advised that Parks, Recreation & Culture has no objections to the zoning by-law
amendment application Which is intended to allow for the erection of a tent or air supported
structure on the top of the roof of an existing convention centre fo~
BB:
S:\Development Applications (Bob)~Zoning By-laws\Memos~2003~AM-10-2003.wpd
~LANNtNG UEET~,JG APR I 7' 2003
RECEIVED
~AR 3 t 2003
PLANNING
& DEVELOPMENT '
NIA~A PLANNING AND DEVELOPMENT DEPARTME
The Regional Municipality of Niagara
3550 Schmon Parkway, P,O. Box 1042
Thomld, Ontado L2V 4T7
Telephone: (905) 984-3630
Fax: (905) 641-5208
E-mail: plan@regional,niagara.on.ca
~Planning
April 7, 2003
Doug Darbyson, MCIP, RPP
Director of Planning and Development
City of Niagara Fails
4310 Queen Street
Niagara Falls, ON L2E 6X5
Dear Mr. Darbyson:
File: D.10,M.11.23
RE:
Zoning By-law Amendment Application
4915 Clifton Hill
Canadian Niagara Hotels Inc,
City of Niagara Falls
Your File: AM-10/2003
This application proposes to amend the City's Zoning By-law to permit a tent or air-
supported structure on the roof of the existing convention centre associated with the
Sheraton-on-the-Falls Hotel,
These lands are in the Region's Urban Area Boundary for the City of Niagara Falls and
designated Tourist Commercial in the City's Official Plan. A previous zoning by-law
amendment for these lands provided site specific provisions that included a 22 height
restriction. The requested height increase will permit a tent or similar air-supported
structure that is only intended to be used for special occasions. In this regard Regional
Planning staff would not be opposed to the approval of the proposed zoning by-law
amendment from either a Regional or Provincial planning perspective.
Please send notice of City Council's decision on this application
Yours truly,
David J. Farley
Director of Planning Services
Bill Stevens. Regional Public Works
Councillor William Smeaton
M;\MSWORD\PC~k!l=zbla\Clifotn HllLdoc
RECEIVED
APR 0 ? 2003
PLANNING
& DEVELOPMENT
Plenning
&
Development
/he CIN of
4310 (~ueen Street
Niagara FollslJ~ P.O. ~ox
Can~~' Niagara FalI~, ON ~E 6X5
web s~e: ~.~.niag~alls.on.~
F~: (905) 35~2~
E~ail: pJanni~d~.niagamfalls.on.~
Apfill4,2003
P0-2003.42
Doug Darbyson
Dkector
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re:
PD-2003--42, Zoning By-law Amendment Application
AM-09/2003, 4601 Second Avenue
Applicant: Nonce & Kevin IOlpatrick
Proposed Bed & Breakfast Accommodation
RECOMMENDATION:
It is recommended that:
1)
Council approve the requested Zoning By-law amendment application to p=mdt an existing
single detached dwelling at 4601 Second Avenue to be used as a tourist home Coed and
breakfast accommodation) containing no more than three bedrooms for tourists; and
BACKGROUND:
Proposal
An amendment to Zoning By-law No. 79-200 has been requested to pen~it an existing single
detached dwclling at 4601 Second Avenue (see Schedule 1) to be used as a tourist home Coed &
breakfast) containing up to three bedrooms for tourists. Rcfcr to Schedule 2 for thc details of thc
development.
The land is currently zoned Residential Single Family and Two Fmnily (R2) zone. The R2 zoning
is requested to be amended site specifically to permit a dwelling on the land to be used as a tourist
home containing up to three bedrooms for tourists.
Working Together to Serve Our Community
Clerks · Finance . Human Resources Informa~fon Systems Legal · Planning & Development
April 14, 2003 - 2 - PD-2003-42
Surrounding Laud Uses
The subject land is completely surrounded by low density residential dwellings. It is located close
to Bridge Street, Victoria Avenue and the Central Business District.
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
To facilitate a safe intersection, a 15 foot
x 15 foot (4.5 metre x 4.5 metre)
daylighting triangle at the southeast
comer of the property, abutting Second
Avenue and Maple Street, is required to
be dedicated to the City.
The applicant is proposing a 36 foot (11
metre) wide driveway. In accordance
with City policy, the applicant would
only be permitted a 24 foot (7.3 metre)
wide driveway entrance.
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 establishment appears to be
a small-scale home occupation use that
would not have a detrimental impact on
the surrounding area. The Region is not
opposed to the approval of the proposed
Zoning By-law amendment from either a
Regional or Provincial planning
perspective.
The City has received a letter of support for the application from a neighbour (on tonight's agenda).
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 primarily for dwelling units. Bed and breakfast
accommodations are permitted within owner-occupied homes where they are considered to
April 14, 2003 - 3 - PD-2003-42
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 property is of sufficient size to accommodate the bed and breakfast, the required
parking and amenity space.
The residential character of the property and the neighbourhood will be maintained.
A portion of the existing gravel parking lot would be replaced with amenity space
and landscaping is proposed to be enhanced.
A bed and breakfast with three bedrooms for tourists would generate minimal traffic.
There is convenient access to arterial roads such as Bridge Street and Victoria
Avenue.
The site is conveniently located for tourist areas and the Niagara Parkway. The site
is within walking distance of the Central Business District.
2. The requested amendment is appropriate for the site.
The property is zoned R2. The applicant has requested site specific provisions to be added
to the R2 zoning to permit a three-room bed and breakfast. No changes are proposed to the
development standards and setbacks. The site would continue to conform with the intent of
the existing zoning and would be maintained in a manner that is appropriate with the
surrounding area.
3. Municipal Works Concerns
The requested daylighting triangle would normally be secured through site plan control.
However, bed and breakfasts are generally not to be subject to site plan control. In lieu of
putting this proposal through site plan control, it is recommended that the daylighting triangle
be dedicated to the City prior to adoption of the amending by-law.
Additionally, the driveway should be tapered in a way that a 7.3 metre curb and driveway
entrance is maintained.
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.
April 14, 2003 - 4 - PD-2003-42
3. The site is easily accessible to arterial roads, tourist areas and the Central Business District.
4. There is sufficient lot area for parking and amenity space.
Prepared by:
Planner 2
Respectfully submitted:
Recommended by:
Doug Darbyson
Director of Planning & Development
App~ved by:
Tony Ravenda
Executive Director of Corporate Services
AB:gd
Attach.
S:~'DRL2003~PD2003 42, AM-09-03 4601 Second Ave - B&B,wpd
SCHEDULE 1
LOCATION MAP
Subject Property
Bridge Street
Location:
Amending Zoning By-law No. 79-200
4601 Second Avenue
AM-09/2003
Applicant: Nance and Kevin Kilpatrick
hNTS
March 2003
RECEIVED
APR 0 3 ~
PLANNING
~LJ)~...:~F_ 1 ("~P M [::NT'
RECEIVED
'"" APR 0 9 2003
PLANNING
& DEVELOPMENT
The City of
Niagara Falls
Canada
Corporate Services Department
Planning & Development
4310 Queen Street
P.O. Box 1023
Niagara Falls, ON L2E 6X5
web site: www.city.niagarafalls.on.ca
Tel.:
Fax:
E-mail:
(905) 356-7521
(905) 356-2354
planning~city.niagarafalls.on.ca
April 14, 2003
PD-2003-43
Doug Darbyson
Director
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re:
PD-2003-43, Zoning By-law Amendment Application
A1VI-08/2003, 8240 McLeod Road
Dave Styles, Legalization of Retail Store
RECOMMENDATION:
It is recommended that:
1)
Council approve the requested Zoning By-law amendment application to legalize an existing
retail store at 8240 McLeod Road; and
2)
the amending by-law include a retail store as a permitted use limited to a floor area of 230
square metres.
BACKGROUND:
The amendment is requested for the land known as 8240 McLeod Road, as shown on Schedule I.
The amendment is requested to legalize the recently established retail store. Details of the site are
shown on Schedule 2.
The land was previously zoned a site specific Light Industrial (LI-327) zone which permitted a
convenience store and coffee shop to be established on the land in addition to the standard LI uses.
Council recently approved an amendment (By-law No. 2003-36) which added a personal service
shop to the list of uses permitted on the property. The applicant is requesting new site specific
provisions to include a retail store as a permitted use under the LI zoning.
As was noted to Council previously, staff advised the applicant in early 2002 that commercial
development of the property would not be in keeping with Official Plan policies. Limited-scale
commercial development could be considered through a Zoning By-law amendment. The owner
continues to ignore this advice and has secured an additional tenant for a commercial use without
first making application for an amendment.
Working Together to Serve Our Community
Clerks · Finance Human Resources Information Systems Legal Planning & Development
April 14, 2003 - 2 - PD-2003-43
Surrounding Land Uses
Lands directly to the north and west are vacant. To the east, lands on the north side of McLeod Road
have been developed for townhousing and a senior's apartment, and on the south side of McLeod
Road are legal non-conforming residential dwellings. Lands south of subject property are industrial,
with a tracking company adj.oining directly. The northwest quadrant of McLeod Road and Kalar
Road is currently developing as the Garner Estates plans of subdivision.
Circulation Comments:
Information regarding the application was circulated to City departments, government agencies and
the public for comment. The following have been received.
Building & By-law Services
A building permit and plumbing permit are required to
be obtained in accordance with the Building Code Act.
Municipal Works
Dedication of a 17-foot road widening across the full
frontage of McLeod Road.
Dedication ora 23-foot by 23-foot daylighting triangle at
the southeast comer of McLeod Road and Kalar Road.
· Parks, Recreation & Culture
No objections.
· Fire Services
No objections. Fire safety matters will be addressed at
building permit review.
Planning Analysis
1. The proposal does not offend the Official Plan.
The subject property is designated Industrial in the Official Plan. The policies of the Official
Plan promote lands of this designation to be utilized primarily for industry such as the
manufacturing, assembling, fabricating and warehousing of goods. However, the Plan does
allow for the establishment of freestanding offices, recreational and commercial services and
other complimentary land uses, through the appropriate amendment to the Zoning By-law,
in order to accommodate changing market conditions and new development trends. These
uses are to be restricted as to their location, size and extent of operations so as to preserve
industry as the primary function and to limit the commercial aspect of the district.
Service commercial, office and retail uses have been permitted on industrial lands
throughout the City in order to allow them to develop with complimentary industrial
and commercial operations.
Previously, as noted above, a convenience store, coffee shop and a personal service
shop were permitted by way of a site specific amendment. Inclusion of a retail store
as a permitted use is a reasonable extension of the current zoning as it will allow the
plaza to capitalize on the growing residential development of the Garner
Neighbourhood.
April 14, 2003
-3-
PD-2003-43
Despite this, industrial properties or districts are not to provide a significant
commercial function and, as such, any commercial utilization should be controlled
through the number of permitted uses and floor area. The floor area of the
convenience store, coffee shop and personal service shop uses that is currently
permitted is limited to 230 square metres each. This is the maximum floor area for
any use that is permitted under the Neighbourhood Commercial (NC) zone in order
to control expansion. It was utilized with this development previously so that the
industrial function of the property would be retained. The 230 square metre cap on
the floor area of the retail store is recommended, again, so that the commercial
function is limited. It should be noted that further expansion of commercial uses
should only be considered through the appropriate planning applications and should
be done in concert with adjacent landowners, as was previously stated to the property
owner.
The requested amendment is appropriate.
The applicant has requested that a retail store be included as a permitted use under the
current LI-608 zone. Retention of the LI zone is appropriate so that the land develops as
industrial property and as intended by the Official Plan. The new amending by-law will
include a retail store as a permitted use with a maximum floor area of 230 square metres.
CONCLUSION:
Based on the foregoing, the application to include a retail store as a permitted use at 8240 McLeod
Road can be recommended for approval for the following reasons:
The proposal does not offend the Industrial policies of the Official Plan.
The inclusion of a retail store on the subject property continues the trend of establishing
service commercial uses on Industrial lands.
The extent of the retail store use is recommended to be limited to 230 square metres in order
to retain the industrial function of the property.
Any further commercial expansion on the subject property should be considered through the
appropriate planning applications and should be done in concert with adjacent landowners.
Approved by:
Tony av
Executive Director of Corporate Services
Recommended by:
Doug Darbyson
Director of Planning & Development
JB :gd
Attach.
/~espe~ctfully submitted: ~
~//~h '~saJrdat iv e Officer"
S:~PDR~2003~PD2003-43, AM-08-03 8240 McLeod Road, Styles.wpd
SCHEDULE 1
LOCATION MAP
Subject Property
Montgomery St.
Amending Zoning By-law No. 79-200
8240 McLeod Road
AM-08/2003
Applicant: Dave Styles
SCHEDULE 2
II
FtEC. EIVED
NOV 1 1 2002
NIA~A PLANNING AND DEVELOPMENT DEPARTM T
The Regional Municipality of Niagara
3550 $¢hmon Parkway, P.O. Box 1042
Thorold, Ontario L.2¥ 4T7
Telephone: (905) 984-3630 ~jPlanning
Fax: (90 ) 64 -5208
E-mail; plan@regionaLniagara.on.¢a
April 7, 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: D.10.M.11.23
Feulllsfs de transmission par t~l~copleur
Poet-it' Fax Note 7671i~
RE:
Zoning By-law Amendment Application
Southeast Corner of McLeod Road and Kalar Road
Dave Styles
City of Niaga~r.~alls
Your File: AM-~/2003
This application proposes to amend the City's Zoning By-law to add a retail store as a
permitted use in a Light Industrial zone. According to the application, the retail store
has already been established in the existing building that was originally constructed as
an industrial plaza.
These lands are within the Niagara Falls Urban Area Boundary according to the
Regional Policy Plan and designated Industrial in the City's Official Plan. Several
zoning amendments have been processed and approved for this site to add commercial
uses. These include a convenience store, coffee shop, and hair salon. Regional
Planning staff is not opposed to the approval of the proposed Zoning By-law
amendment from either a Regional or Provincial planning perspective. However, the
industrial building is gradually changing into a commercial plaza, In light of the
incremental commercial changes to the Zoning By-law and residential development that
is occurring in the adjacent Garner Neighbourhood, the City should consider whether
the Industrial designation in the Official Plan remains appropriate for this site.
Please send notice of City Council's decision on this application.
David J. Farley
Director of Planning Services
C: Bill Stevens, Regional Public Works
Councillor William Smeaton
M:\MSWORD~PC~NFzbla\8240 Mcleod Kalar,doc
, r- APR
'RECEIVED
APR 0 7 2003
PLANNING
& DEVELOPMENT
2003 PITCH-IN CANADA Week
PITCH-IN ONTARIO
c/o PITCH-IN CANADA National Off'~e
Box 45011, Ocean Park R.P.O. Voicemail: (6{~4) 290,-0498
White Rock, B.C., V4A 9L1 Fax: (604) 535-4653
Web Site: www. PITCH-IN.ca emall: pitch-in, pitch-in.ca
Dear Mayor or Chaff and Members of Counc#,
Join more than 450,000 volunteers, many in your community, by becoming a "Partner in 2003
PITCH4N CANADA Week" - April 21-27, 2003. The theme is "PITCH4N. It's ECO.[o~.~co~"
Information kits sent to every school in your community, Scouts, Guides, the Chamber of Commerce
and many other groups' offer free garbage/recycling bags for clean-ups of schoolgrounds,
neighborhoods, greenspaces, parks, a. ravine, trail, shoreline or waterways. We are also providing
information on, or encouraging, hab'dat restoration, school and community cornposting and recycling
projects and community-wide beautification campaigns to instill community pride.
Becoming a Partner is easy. Consider,
appointing a local coordinator (a volunteer or munic'~al employee) to help volunteers in your
community identify and spearhead local clean-up and beautification projects and to distribute our
free materials. Just complete the enclosed PROJECT REGISTRATION FORM - and mail to us
ASAP and no later tflan March 31~ 2003. We'll do the rest!
supporting local voluntary, efforts by offering assistance with, and access to free, waste
disposal. Many Councils also recognize PITCH-IN volunteers - a gesture much appreciated by
them!
· issuing a Proclamation (see reverse for sample - and please send us a copy!)
· becoming a member of PITCH4N ONTARIO. Your support is critical. Enable us to continue to
provide materials to our volunteer partners. Contact us for information!
Sending a Thank You' letter to our sponsom~ outlining your contribution to tile
campaign. Letters to TD's Friends of the Environment Foundation and The Suncor Energy
Foundation, whose financial support is also critical, should be sent to us.
Win one of 300 campaigd T - shirts. Complete the entry form on the back of this letter and send it to
us if you decide to participate and to register your PITCH-IN Week project.
Volunteer Director, ONTARIO
I~lr=J~'q--.l~'i'~: the free bags are sent out on a first-come, first-sewed basis, starting the flint week of Ap~l to
ensure delivery in time for April 21st, 2003. We canno~ guarantee supply and/or delivery by for Regisbu[ions
received afl__er March 31, 2003. Bag quantities are alloCated by us to ensure that all applicants
deadline receive bags for their project.
PROCLAMATION
PITCH-IN CANADA Week
April 21-27, 2003
WHEREAS PITCH-IN CANADA is a non-profit, charitable organization
established in 1967 and governed by volunteers;
AND WHEREAS hundreds of thousands of Canadians show their concern
for the environment each year by participating in PITCH-IN CANADA projects to:
clean up local neighbourhoods, greenspaces, ravines, waterways and illegal
dump sites; restore habitats; and to help support and establish composting and
recycling projects;
AND WHEREAS PITCH-IN CANADA promotes that maintaining a quality
environment is everyone's responsibility;
AND WHEREAS PITCH-IN CANADA encourages voluntary action to
achieve a cleaner and more beautiful environment and to instigate civic pride;
NOW THEREFORE, I, (name), (Mayor, Reeve, Chair) of (Village, Town,
City, District, County etc...) declare the week of Apdl 21-27, 2003 as "PITCH-IN
CANADA Week" in (name of community) and invite all citizens in our community
to actively support the theme of the 2003 campaign - "PITCH-IN CANADA
Week - It's ECO - Lo~d~. '
............................ Signature
PLEASE - ONLY COUPONS ~
ALONG EDGES
WILL BE ACCEPTEDI
(we get so many and our volunteers are so busy we cannot start cutting them outl)
ENTRY COUPON FOR FREE
2003 CAMPAIGN T-SHIRTS
Enter early and you have 300 chances to win one of 300 FREE T-Shirts.
Draws take place from February to March, 2003.
Name ..................................................................... Position ..............................................
Address ................................................... Community ..................................... pmv ............
Postal Code:!~....: ........................ Tel ( ) .......................... Fax ( ) ...............................
E m _a~.~.,,;..~. ~.,...-~',?, '" '"' .............................................
,,~S~ND~ROJI~CT REGISTRATION, LETTER TO SPONSOR AND DRAW COUPON TO:
~"~;~ ~; ';i "". / ~ P TCH- N CANADA National Office
~,~' · ..?"~Box 450'1'1, Ocean Park PO, WHITE ROCK, B.C., V4A 9L1
Corporate Services Department
F-2003-15
Niogoro Fo,Is
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
kburden @city.niagarafalls.on .ca
Kenneth E. Burden
Director
April 14, 2003
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re: F-2003-15 - 2003 General Purposes Budget
First Quarter Amendment
RECOMMENDATION:
That the Municipal Council approves the First Quarter Amendment to the 2003 General Purposes
Budget.
BACKGROUND:
The Municipal Act, 2001, provides for public notification before the Council of the Municipality
adopts all or part of a budget or amending such a budget. Public notice was given by Council
Resolution on March 31,2003, and by advertisement in the local newspaper, that the Council would
be considering an amendment to the 2003 General Purposes Budget for the changes that have
occurred since the adoption of the budget on December 9, 2002.
Since the adoption of the 2003 General Purposes Budget, several new issues have been brought to
the attention of the Council. The issues are included in this report and show their impacts on both
the revenues and the expenses of the 2003 General Purposes Budget. Addendums 1 and 2 provide
an expense and revenue summary financial statement and a detail explanation of the impacts.
REVENUES
Staffhas revised the taxation revenue using the 2003 Assessment Roll for the 2003 taxation year.
Staffhas used the 2003 Regional tax policy and the revised tax ratios to calculate the 2003 total levy
for both General and Urban Service Area taxation.
The revised total revenue for 2003 is $36,503,700. The total decrease of $145,000 results from
maintaining the City's 2002 tax rates and adjusting for the 2003 assessment and tax policy. The
General taxation portion of the total revenue is $31,741,000. The Urban Service Area taxation
portion is $4,762,700.
Working Together to Serve Our Community
Clerks · Finance Human Resources · Information Systems Legal Planning & Development
April 14, 2003 - 2 - F-2003-15
Compared to 2002, all existing properties will not pay any more in city taxes per $100,000 property
assessment. Properties that have experienced an increase or a decrease in their respective
assessment, will pay more or less taxes in relation to the change in their assessment.
The residential property class will provide the majority of tax revenue, approximately 54% or $19.9
million for 2003. Multi-residential properties will provide approximately 5.4% or $1.98 million in
tax revenue for 2003. The commercial property class will provide approximately 35.1% or $12.8
million in tax revenue for 2003. The industrial (including large industrial) property class will
provide approximately 4.0% or $1.4 million in tax revenue for 2003.
WASTE MANAGEMENT TAX
On February 28, 2003, the Region of Niagara advised City staff that the cost for waste management
services would be lower than was anticipated for 2003. The City will levy a separate tax rate for the
regional waste management costs. The decrease from 2002 includes the regional reduction of
$188,200.
PENALTIES AND INTEREST ON TAXES
Staff has re-evaluated the amount of penalty and interest revenue. The re-evaluation took into
account the 2002 final outstanding tax balance due. The balance due was slightly h/gher than
anticipated, which may result in more penalty and interest being charged. The estimated increase
is $118,000. Staff will continue to place a high priority on collection of taxes with consideration for
taxpayers in payment arrangements.
GRANTS AND SUBSIDIES
On January 20, 2003, Staff advised Council that additional Community Reinvestment Funding
would be received in 2003 from the Provincial Government. The additional funding of $1,020,000
is an increase to the Base amount of the grant.
LICENCES, PERMITS, USER CHARGES, FEES, RENTALS
On March 3, 2003, the 2003 Parking Operating Budget was approved by Council. The budget
provided an increase of $19,000 in Payments-In-Lieu of taxes. However, the Parking Fund
contribution was decreased by $49,000 due to the re-calculation of this revenue. The revenue
represents 10% of the estimated Street Meter Income to the Parking Fund.
RESERVE FUNDS, RESERVES AND SURPLUS
Staff has added contributions of reserves to offset the reduction of taxation ($145,000) and Waste
Management taxation ($185,000).
SUNDRY REVENUE
Staff included revenue from the Provincial Offences Act (POA) Inter-Municipal Agreement. The
agreement, approved in May 2000, provides a sharing of net revenue with the Region and the other
Niagara municipalities. The City's share was re-evaluated by Regional staff and is approximately
$3,000 less than previously distributed.
REVENUE SUMMARY
Total Revenue has increased from the significant change realized from the Community Reinvestment
Funding. Other revenues are amended to reflect the known changes that have occurred since the
adoption of the 2003 General Purposes Budget. The total First Quarter Revenue Amendment is an
increase of $916,800.
April 14, 2003 - 3 - F-2003-15
EXPENSES
COMMUNITY SERVICES
Business Development - The Brownfields Development committee is submitting an application
to the Federal Government through the Green Enabling fund. This submission is a request for
$75,000 to assist in the preparation of a Community Improvement Plan (CIP) which will enable our
municipality to take advantage of brownfields incentives which have been legislated by the
Provincial Government. However, before a municipality is able to offer these incentives, it must
have a CI]? in place and approved by the Minister of Municipal Affairs. If the funding fi.om the
Federal Govemment does not materialize, the $75,000 would be picked up by the corporation over
two years. For 2003, an additional amount of $50,000 has been included for the
Municipal Services - Prior to the adoption of the 2003 General Purposes Budget, some service
costs were limited for future consideration of Council. These additional costs include a third roving
crew $47,000, snow removal $13,000, sidewalk construction $90,000, and asphalt overlay $100,000.
The 2003 purchase of road salt has exceeded the budget and requires an increase of approximately
$250,000. New inspection standards for roads and road signs will require an additional budget of
$150,000. The total increase to the 2003 General Purposes Budget for Municipal Services is
$650,000.
Waste Management Services - On February 28, 2003, the Region of Niagara advised City staff
that the cost for waste management services would be lower than was anticipated. The total decrease
to the 2003 General Purposes Budget for Waste Management Services is $188,200.
Parks, Recreation and Culture - Prior to the adoption of the 2003 General Purposes Budget, some
service costs were limited for future consideration of Council. These additional costs include soccer
field maintenance $15,000. On January 13, 2003, Council approved the additional cost of
approximately $16,000 for the improvements to the F.H.Leslie Pool. The total increase to the 2003
General Purposes Budget for Parks, Recreation and Culture is $31,000.
AGENCIES, BOARDS AND COMMISSIONS
The Niagara Falls Transit receives a portion of the City's Community Reinvestment Funding.
Approximately $170,000 was allocated to the Transit capital program rather than the operations. The
Niagara Falls Illumination Board requested an increase of $4,000 to their annual grant, which the
Council approved on March 3, 2003. The total increase to the 2003 General Purposes Budget for
Agencies, Boards and Commissions is $174,000.
CORPORATE SERVICES
The Committee-of-the-Whole authorized staff to commence negotiations to acquire some, all or none
of certain lands. Fiscal expense has been increased by $200,000.
EXPENSE SUMMARY
Total Expense has increased fi.om several changes that have occurred since the adoption of the 2003
General Purposes Budget. The total First Quarter Expense Amendment is an increase of $916,800.
April 14, 2003 - 4 - F-2003-15
CONCLUSION
The Corporate Services Conunittee's approval of the First Quarter Amendment to the 2003 General
Purposes Budget is appreciated. The 2003 tax rate calculation will be made when the 2002 Surplus
from General Purposes is known, and the 2003 Regional tax policy is finalized.
Recommended by:
K.E. Burden
Director of Finance
Approved by:
T. Ravenda
Executive Director of Corporate Services
Respectfully sub~mitted: /
,/John MacDonald
C,/ Chief Administrative Officer
KEB:jd
ADDENDUM1
CITY OF NIAGARA FALLS
EXPENSE and REVENUE SUMMARY
2003 GENERAL PURPOSES BUDGET
FIRST QUARTER AMENDMENT, APRIL 2003
EXPENSE
COMMUNITY SERVICES
AGENCIES, BOARDS and COMMISSIONS
CITY COUNCIL, MAYOR'S OFFICE, CAO,
and CORPORATE SERVICES
TOTAL EXPENSE
APPROVED
2003
BUDGET
AMENDED
2003 BUDGET
BUDGET $ VARIANCE
41,039,405 41,582,205 542,800
6,576,098 6,750,098 174,000
16,641,447 16,841,447 200,000
64,256,950 65,173,750 916,800
REVENUE
TAXATION REVENUE
PAYMENTS IN LIEU REVENUE
GRANTS AND SUBSIDIES REVENUE
SERVICES
OTHER
TOTAL REVENUE
43,700,900 43,300,700 (400,200)
4,420,000 4,420,000 0
1,459,000 2,479,000 1,020,000
10,174,500 10,144,500 (30,000)
4,502,550 4,829,550 327,000
64,256,950 65,173,750 916,800
0 0 0
SURPLUS or (DEFICIT)
2003 General Purposes Budget
First Quarter Amendment
EXPENSE
COMMUNITY SERVICES:
Business Development: $50,000 Increase for Community Improvement Plan
Murficipal Services:
Road Maintenance: $47,000 Increase for Third Roving Crew
$13,000 Increase for Snow Removal
$250,000 Increase for Salt Pumhase
Traffic: $150,000 Increase for Road and Sign Inspection
Sidewalks: $90,000 Increase for Sidewalk Construction
Road Reconstruction: $100,000 Increase for Asphalt Overlay
Waste Management Regional Contract Decrease of ($188,200)
Parks, Recreation and Culture:
Parks: $15,000 Increase for Soccer Field Maintenance
Pools: $16,000 Increase for F.H.Leslie Wading/Spray Pool
AGENCIES, BOARDS AND COMMISSIONS:
Niagara Fails Transit: $170,000 Increase for Capital Contribution
Niagara Falls Illumination Board: $4,000 Increase for Annual Expense
CORPORATE SERVICES:
Fiscal Expense: $200,000 for Road Realigmnent Land Acquisition
Total Expense Amendment: Increase of $916,800
ADDENDUM 2
REVENUE
General and Urban Service Levy Decrease of ($145,000)
Waste Management Tax Decrease of ($373,200)
Penalty and Interest Increase of $118,000
Community Reinvestment Fund Increase of $1,020,000
Parking Lot Payment Decrease of ($30,000)
Contributions from Reserves Increase $330,000
Provincial Offences Act Payment Decrease of($3,000)
Total Revenue Amendment: Increase of $916,800
Corporate Services Department
. ,~,,, Finance Division
The Dry of l'J' l 4310 Queen Street
~~"- nada'~l~":'~i ~ Niagara Falls, ON L2E 6X5
~~1~" web site: www.city,niagarafalls.on.ca
Tel.: (905) 356-7521
Fax: (905) 356-2016
E-mail: kburden@city.niagarafalls.on.ca
F-2003-16
Kenneth E. Burden
Director
April 14, 2003
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re: F-2003-16 - Municipal Accounts
RECOMMENDATION:
That the Municipal Council approve the municipal accounts totalling $794,952.33 for the period
ending April 14, 2003.
BACKGROUND:
The accounts have been reviewed by the Director of Finance and the by-law authorizing payment
is listed on tonight's Council agenda.
Recommended by:
K. E. Burden
Director of Finance
Respectfully submitted:
Approved by:
T. Ravenda
Executive Director of Corporate Services
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Clerks Finance · Human Resources Information Systems · Legal Planning & Development
The City of
Niagara Falls
Canada
Community Services Department
Municipal Works
4310 Queen Street
P.O. Box 1023
Niagara Falls, ON L2E 6X5
web site: www.city.niagarafalls.on.ca
Tel: (905) 356-7521
Fax: (905) 356-2354
E-maih munwks@city.niagarafalls.on.ca
Ed Dujlovic, P. Eng.
Director
MW-2003-78
April 14, 2003
His Worship Mayor Wayne Thomson,
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re:
MVV-2003-78 - Additions and Alterations
Fire Station #4 Chippawa, 8696 Banting Avenue
RECOMMENDATION:
It is recommended that Council award Tender #1 - 2003 for the proposed Additions and Alterations
to the Fire Station No. 4, 8696 Banting Avenue to T.A.T. Construction Ltd. of Fenwick, Ontario for
the total tendered sum of $362,672.00 including GST.
BACKGROUND:
The Chippawa Volunteer Firefighters Association approached City staff with a proposal to make Fire
Station No. 4 a barrier free facility. The proposal included the installation of a new elevator lift,
washroom renovations and an expansion to the existing lobby to house the Association's vintage fire
track. The Association also proposed to complete all the mechanical and electrical work with
volunteer tradesmen.
After reviewing their proposal, it was determined that the elevator lift could not be housed within the
existing building and the existing stairwell condition does not conform to the current Ontario Building
Code. It was proposed that a new stairwell and elevator shaft, along with a new entrance would be
constructed outside of the existing building.
Plans for the proposed additions and alterations were prepared with the input and consultation of the
Chippawa Volunteer Firefighters Association.
The following is a list of tenders we received:
T.A.T. Construction Ltd.
Fenwick, Ontario
$362,672.00
T.R. Hinan Contractors Inc.
St. Catharines, Ontario
$371,825.00
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Municipal Works Fire Services Parks, Recreation & Culture Business Development Building & By-Laws
April 14, 2003 -2- MW-20003-78
Draftcon Construction Ltd.
Niagara Falls, Ontario
$402,911.00
Aldor Builders Ltd.
Thorold, Ontario
$407,242.00
The above tendered price does not include the mechanical and electrical work which will be completed
by Association members. Funding for the project includes $250,000 from the 2003 Operating Budget
and the remaining funds coming from Capital Reserves.
Council's favourable consideration in the above recommendation is appreciated.
Tom Mussari
Acting Operations Superintendent
Approved by:
uj ovic, P Eng
Director of Municipals Works
/It
Attachments
SSREPORTS\2003 ReportsLMW-2003-78 - Fire Station.wpd
Respectfully submitted:
olin MacDonald
Chief Administrative Officer
The C:JIy of
Niagara FallslllJ.
Cor __. Jl
I -
Corporate Services Department
Clerk's Division
43'10 Oueen Street
P.O. Box 1023
Niagara Fails, ON L2E 6X5
web site: www.city.niagarafalls.on .ca
Tel.:
Fax:
E-mail:
(905) 356-7521
(905) 356-7404
diodida@city,niagarafalls.on.ca
CD-2003-10
Dean Iorflda
Cit~ Clerk
April 14, 2003
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re: CD-2003-10
Reshaping the Council of Regional Niagara
RECOMMENDATION:
That Council endorse the following responses to questions posed by Councillor Brian McMullan,
Chair of the Reshaping the Council of Regional Niagara Committee:
a) Mayors continue to be members of Regional Council.
b) Regional Councillors should not be directly elected from "Regional Wards".
c) Regional Councillors should not be elected on the basis of representation by population, however,
voting privileges should be weighted to reflect representation by population.
d) Regional Council should be reduced to less than 30 members.
Also, have the Reshaping the Council of Regional Niagara Committee study having councillors
serve on both levels of municipal government.
BACKGROUND:
On thc March 17, 2003 Council agenda, there was a communication from Councillor Brian
McMullan, Chair of the Reshaping the Council of Regional Niagara Committee (see attached).
Councillor McMullan requested input on four questions posed by mid-April.
Despite thc short time frame, Niagara Falls City Council voted to set up a committee to look at thc
four questions. Mayor Thomson, Alderman Ioannoni, Alderman Janvary-Pool, and Alderman
Puttick agreed to meet and come back to Council with recommendations to the four posed questions.
The Committee met on Friday, April 11, 2003. Alderman Puttick was unable to attend. Discussion
occurred on the four questions. Staffhas taken the Committee's comments and expanded on them.
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- 2 - CD-2003-10
Should Mayors continue to be members of Regional Council?
Yes. Having mayors on Regional Council ensures that there is a flow of information between the
two tiers of government. The mayors are able to apprize the lower-tier level of government on
developments at the Region, while the mayors can protect the interests expressed at City Council
when attending the meetings of the upper-tier level of government.
Also, there is a strong possibility that every Regional Council meeting would see mayors appearing
as deputations to ensure the interests of their municipality were being protected.
Should Regional Councillors be directly elected from Regional wards?
Obviously, the suggestion that councillors be elected from Regional wards, that cut across municipal
boundaries, is being offered as a solution to parochialism, a criticism otten leveled at Regional
government. Having Regional wards, however, will not necessarily reduce perceived parochialism
The representative of these proposed Regional wards would be looking atter the interests of his or
her ward and would not be necessarily more inclined to look at issues based on the greater good of
the Region as a whole.
Also, ideally a ward should encompass a"community of interest". It is doubtful that a ward that cuts
across municipal boundaries would encompass a "community of interest". Although, municipal
boundaries are somewhat arbitrary they do provide a frame of reference or identification.
Finally, the electorate has little identification with the Region as it is now, setting up inter-municipal
wards will diminish the electorate's connection to the Region even more.
Should the election of Regional Councillors be based on representation by population?
Representation by population has an inherent appeal, however, it is highly impractical when applied
to the composition of Regional government.
There are twelve municipalities in the Region with a total population of approximately 410,000
people. The municipalities vary in size from Walnfleet, which has approximately 6,000 people, up
to St. Catharines which has 129,000. IfWainfleet was to have one representative and the "rep. by
pop." was to be one representative per 6,000 people, the result would be a Regional Council of
approximately 70 members, which would clearly be impractical and unmanageable.
An alternative would be a smaller Regional Council in which there would be weighted voting based
on ''rep. by pop". For example, the larger municipalities would have extra votes based on
population.
Should the total number of members of Council be less than 30?
Yes. There seems a desire on the part of the electorate to have less politicians. With the mayors
represented on Regional Council, there would have to be at least 12 representatives. If the three
larger municipalities, Welland, Niagara Falls and St. Catharines, were given an extra representative
per 40,000 people, the Regional Council could be reduced to 18 representatives (St. Catharines- 4,
- 3 - CD-2003-10
Niagara Falls- 3, Welland- 2 and all others 1) and weighted voting could be incorporated to further
reflect representation by population.
With most of Regional Council being composed of mayors, it would make sense to further reduce
the number of politicians by having the non-mayoral representatives come from the lower-tier
Council; therefore, in the example given, two members of Niagara Falls City Council would also sit
on the Region.
CONCLUSION:
The issues of governance and the reshaping of the upper-tier government have a long and checkered
history in the Niagara Region. Many will remember the Berkeley Report from a few years ago.
Unfortunately, whenever such an exercise is initiated there seems to be a lack of political will to see
it through.
Likewise, it is doubtful that the smaller municipalities in the Niagara Region would accept
representation by population or weighted voting because their voice at Regional Council will be
diminished. Nonetheless, it is in Niagara Falls' interest to provide input into the latest examination
of these issues currently being undertaken by Councillor McMullan and his committee.
Recommended by:
City Clerk
Respectfully submitted: //
John MacDonald
Chief Administrative Officer
Approved by:
v~.~rRavenda /~ q,,']
Executive Director of Corporate Services
March 6, 2003
OFFICE OF COUNCILLOR BRIANMCMULLAN
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-Mall Address: brian.mcmpllan@reaional.nia(~ara.on.ca
Mayor Wayne Thomson
and Membem 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
Coundl. 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 Commiffee 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 part 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 ~iayors (x>nfinue lo 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.
-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
The City of
Niagara Falls
Canada
Corporate Services Department
Legal Services
4310 Queen Street
P.O, Box 1023
Niagara Falls, ON L2E 6X5
web site: www.city.niagarafalls.on.ca
Tel.:
Fax:
E-mail:
(905) 356-7521
(905) 371-2892
rkallio@city.niagarafalls.on.ca
L-2003-31
R. Kallio
City Solicitor
April 14, 2003
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re:
L-2003-31
Declare Surplus and Authorize the
Conveyance of Part of Laneways
Located northeast of Centre Street
Our File No. 2000-188
RECOMMENDATION:
That parts of two laneways located northeast of Centre Street and southeast of McGrail
Avenue, shown hatched on the Plan attached as Schedule "A" (subject lands), be
permanently closed by Judge's Order and that said Judge's Order be registered in the
Registry Office.
That the subject lands be declared surplus to the City's needs and offered for sale to the
abutting owners, for fair market value.
That this will constitute notice to the public with respect to the proposed sale of the subject
lands and same v~ill be considered by Council at its meeting of April 28, 2003, in the Council
Chambers at 6:00 p.m. The contact person is the writer of this report.
BACKGROUND:
Report L-2002-14, a copy of which is attached as Appendix "1" was presented to Council on
February 11, 2002 authorizing staffto proceed with the closing parts of two laneways to the rear of
5061 to 5077 Centre Street, which are set out above as the subject lands.
Working Together to Serve Our Community
Clerks Finance Human Resources · Information Systems · Legal Planning & Development
April 14, 2003 - 2 - L-2003-3'1
All abutting owners executed a Consent to an Order being made to permanently close the subject
lands, pursuanttorequirementsundertheRegistryAct. Only five abutting owners expressed their
interest in acquiring parts of the laneway abutting their respective property, for fair market value.
An Application for a Judge's Order was submitted to the Superior Court of Justice and same was
endorsed March 24, 2003.
Staffhas no objections to permanently close and convey the subject lands to the abutting owners and
concur that the subject lands should be offered for sale. Staffis recommending that the subject lands
be declared surplus to the City's needs and offered to the five interested abutting owners, for fair
market value.
~.~Mo~ned by:
Law Clerk
Respectfully submitted: .
o~MacDo~na~d~
Ehief Administrative Officer
by:
City Solicitor
Approved by:
T. Ravenda
Executive Director of Corporate Services
NOTE: MIS PLAN OVERLIES ALL OF PLAN 59R-11582
WALNUT STREET
SCH£DUL[
76 SQ. FT. /
494 SQ. FT.
572 SQ. FT. PART OF ~HE LANE 64,~44-0066(LT)
582 SQ. FT, REG'D PLAN 291 64344-0~66~LT)
1~6 SQ. FT, , 6~544-0066(LT)
~0~ 118, P~ 291 ~ I
~ ~ r .........
PLAN 59R- [Lcl~_5
RECEIVED AND
OF NIAGARA SOUTH (59)
IMPERIAL NOT[
DISTANCES SHOWN ON ~HIS pi. AN ~R[ IN FEET AND CAN ~E
BEARING NOTE
LEGEND
PART OF THE LANE ACCORDING TO PLAN 291,
LYIi,18 NORTH EASTERLY 0r LOTS B4 & §5, PLAN 2~ AND
LYIN8 NORTH EASTERLY OF LOT ~S0, PLAN ~002
CITY OF NIAGARA FALLS
REGIONAL MUNICIPALITY OF NIAGARA
U.~Ti}EY~ CAU[RON, HEYt~O0 - KE~¥ T. HO~ SUR~,G U~IE])
SURVEYOR'S C[ET,IFICATE
SCHEDULE
Corporate Services Department
The City of
Niagara Falls
Canada
Legal Services
4310 Queen Street
P.O. Box 1023
Niagara Falls, ON L2E 6X5
web site: www. city.niagarafalls.on.ca
Tel: (905) 356-7521
Fax: (905)371-2892
E-mail: n~allio~city.niagara falls,on.ca
His Worship MaYor Wayne Thomson
· and Members of MunicipalCouncil,
City of Niagara Falls, Ontario
Members:
R,O. Kallio
City Solicitor
L-2002-14
L-2002-14, Authorization to Proceed with the Closing of ~'~ ~
Part ofa Laneway to the Rear of 5061 to 5077 Centre Street = ~ ~
RECOMMENDATION:
That Council authorize staffto proceed with the closing of part ofa laneway on Plan No. 291 lying
to the rear of 5061 to 5077 centre Street.
BACKGROUND:
The owner ofthe Golden Steer Restaurant, located at 5077 Centre Street, is requesting the City close
and convey to them the 10 foot laneway located at the rear of their propen'y.
Although it has been the City's polio/to close all rather than parts of any laneway, other portions
of this laneway have been closed in thc past and conveyed to the abutting owners in exchange for
a five foot road widening along the firontage of their properties. Staff recommends the laneway be [_J
dosed at no cost to the City. The applicant will be required to pay for a reference plan to describe Z
that portion of the laneway to be dosed. A report will be presented for Council's consideration, LL!
regarding disposal of the laneway, following its closure, l~
Legal AssistanffPropetty Manager.
RR~~m. bY:
City Solicitor.
Approved by: ,
Tony Ravenda, '
Executive Director of Corporate. Services.
Respegtfully Submitted: .
fiohn MacDonald,
Chief Administrative Officer.
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Clerk's Finance · Human Resources Information Systems Legal Planning & Development
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