2003/09/08PLANNING MEETING
September 8, 2003
1. PRAYER: Alderman Klm Craitor
DISCLOSURES OF PECUNIARY INTEREST
Disclosures of pecuniary interest and a brief explanation thereof will be made for the
current Council Meeting at this time.
PRESENTATIONS
National Lawn Bowling Championships
A presentation will be made to Ryan Stadnyk, in recognition of winning a Gold
medal for the National Lawn Bowling Championship in the Men's Single division.
2003 Summer Trillium Awards
The 2003 Summer Trillium Awards will be presented for First, Second and Third
Place in the Residential and Commercial Categories and for First Place in Best
Neighbourhood Category.
DEPUTATIONS
Park in the City
Mr. Russell Boles wishes to address Council regarding the "Park in the City"
initiative formerly known as Communities in Bloom.
-2-
National Coffee Break Day
Lorna Anstruther, Alzheimer Society of Niagara Region, wishes to inform
Council of the 7th Annual National Coffee Break Day in support of the Alzheimer Society.
All, ha Events & Courses
Valerie Williams, Alpha Regional Advisor, wishes to address Council on "A
Practical Guide to the Christian faith".
ITEM NO. 37
ITEM NO. 38
PLANNING MATTERS
Public Meeting
Zoning By-law Amendment Application
And Application for Site Plan Control
AM-14/2003 & SPC-06/2003, 5950 Victoria Avenue
Applicant: Niagara 21st Group Inc.
Agent: Italia Gilberti, Solicitor
Proposed 10-Storey Hotel
Background Material:
Recommendation Report: PD-2003-81
- AND -
Correspondence from Brian Duxbury, Solicitor
Correspondence from Falls Management Company
Public Meeting
Zoning By-law Amendment Application
AM-28/2003, 6095 Fallsview Boulevard
Applicant: James Swales
Legalization of Existing Tattoo Studio
Background Material:
Recommendation Report: PD-2003-77
-3-
- AND -
Correspondence from Regional Niagara, Planning
And Development Department
ITEM NO. 39
Public Meeting
Official Plan & Zoning By-law Amendment Application
AM-23/2003, Proposed Residential
Applicant: Metro Development
Agent: Rick Brady
West Side of Garner Road, North of Lundy's Lane
Background Material:
Recommendation Report: PD-2003-80
- AND -
Correspondence from Dr. John Bacher
Correspondence from Regional Niagara, Planning
And Development Department
Correspondence from C & A Brosens
Correspondence from Mr. P. Grandoni
Correspondence from CN Railways
Correspondence from Ministry of Transportation
Correspondence from Niagara Peninsula
Conservation Authority
Email from Richard Yeung
Inter-Departmental Memo from Manager of Policy Planning
MISCELLANEOUS PLANNING MATTERS
Chief Administrative Officer
PD-2003-79, Minor Changes to Zoning Approval
and Cash-in-lieu Agreement; J. Roberto; 5709
Victoria Avenue.
Chief Administrative Officer
PD-2003-76, Matters Arising Municipal Heritage
Committee Meeting; 3174 St. Patrick Avenue
and 6590 Dunn Street.
Chief Administrative Officer
PD-2003-78, Site Plan Application Fees
Testamentary Devise Lots.
REGULAR COUNCIL
ADOPTION OF MINUTES: Planning/Regular Minutes of August 11, 2003.
-4-
MAYOR'S REPORTS, ANNOUNCEMENTS, REMARKS
e
COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
Lupus Foundation of Ontario - Re: Proclamation - requesting the month of
October, 2003 be proclaimed as "Lupus Awareness Month" and that the flag be
flown during the month of October.
RECOMMENDATION: That the requests be supported.
The Royal Canadian Legion, Branches No. 51,396 and 479. Proclamation -
requesting that the week of September 21 st to September 27th, 2003 be proclaimed
as "Legion Week"; and also requesting permission to hold a flag raising ceremony
on Monday, September 22nd, 2003 in honour of Legion Week.
RECOMMENDATION: That the requests be supported.
The Ontario Association of Architects - Re: Proclamation - requesting that the
week of September 28th to October 4th, 2003 be proclaimed as "Architecture Week"
in Niagara Falls.
RECOMMENDATION: That the request be supported.
Greater Niagara Baseball Association - Re: Oaks Park Diamonds - requesting
to partner with them to improve the Oakes Park Diamonds #1 and #2.
RECOMMENDATION: Refer to staff and to budget deliberations.
City of Niagara Falls Board of Museums - Re: Changes to By-law Nos. 73-23
and 76-65 - requesting that consideration be given to updating By-law Nos. 73-23
and 76-65 as suggested.
RECOMMENDATION: Refer to staff.
Ukrainian Canadian Civil Liberties Association - Re: Installation of Plaque -
requesting permission to place a wall or pole mounted bronze plaque on the
Niagara Falls Armoury grounds to ensure that the history of this site as being an
internment camp in the First World War is suitably remembered.
RECOMMENDATION: Refer to staff.
Canadian Association of Fire Chiefs - Re: Proclamation - requesting that the
week of September 7th to September 13th, 2003 be proclaimed as "National
Firefighters Week".
RECOMMENDATION: That the request be supported.
-5-
Additional Items for Council Consideration:
The City Clerk will advise of any further items for Council consideration.
REPORTS
RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS
(Alderman Victor Pietrangelo, Chair)
MUNICIPAL WORKS MATTERS
1. Chief Administrative Officer
MW-2003-152, Storm Event of August 5, 2003.
PARKS, RECREATION AND CULTURE MATTERS
1. Chair, Sports Wall of R-2003-57, 2003 Sports Wall of Fame
Fame Committee Inductees.
FIRE DEPARTMENT MATTERS
1. Chief Administrative Officer
FS-2003-11, Replacement Defibrillators.
MISCELLANEOUS MATTERS
1. Chief Administrative Officer
L-2003-62, Privacy Protocol for Personal
Information records ("PIR").
CONSENTAGENDA
THE CONSENT AGENDA IS A SET OF REPORTS THAT COULD BE APPROVED IN ONE MOTION OF COUNCIL. THE APPROVAL
ENDORSES ALL OF THE RECOMMENDATIONS CONTAINED IN EACH OF THE REPORTS WITHIN THE SET. THE SINGLE
MOTION WILL SAVE TIME.
PRIOR TO THE MOTION BEING TAKEN, AN ALDERMAN MAY REQUEST THAT ONE OR MORE OF THE REPORTS BE MOVED
OUT OF THE CONSENT AGENDA TO BE CONSIDERED SEPARATELY.
1. MW-2003-154, Contract 2003-128-03; Casino Roads Reconstruction;
-6-
F-2003-40, Municipal Accounts;
L-2003-56, Establishment of a Public Highway, Part 3 on 59R-12151
as part of Montrose Road;
L-2003-67, Establishment of a Public Highway, Part 3 on 59R-11929
as part of Dorchester Road;
L.2003-58, Release of Site Plan Agreement; 6506 Fallsview Boulevard;
L-2003-59, Establishment of Public Highway; part 3 on 59R-11595 as
part of Leonard Avenue;
L-2003-61, Haulage Road Trail, Encroachment Agreements;
L-2003-63, Agreement with Niagara Regional Police Services Board
Re: Regulations of Live Adult Businesses By-law.
RATIFICATION OF COMMITTEE-OF-THE-WHOLE ACTIONS
RESOLUTIONS
That the Council of the Corporation of the City of Niagara Falls hereby determines,
in accordance with Section 34(17) of the Planning Act, R.S.O., that the changes to
the proposed zoning by-law for application AM-22/2003 (Jim Pattison Entertainment
Ltd.) regarding the provisions of off-site parking spaces to accommodate a proposed
attraction (Wax museum) are minor in nature and do not require any further notice.
That Council supports the refusal of a liquor licence at 4437 Queen Street, and
wishes to show such support by means of a Resolution, as permitted by the Liquor
Licence Act; that a liquor licence at 4437 Queen Street is not in the public interest
having regard to the needs and wishes of the residents of Niagara Falls and should,
therefore, be refused.
That the Federal Government, specifically the Minister of National Revenue, be
petitioned to ensure that staffing levels at the Niagara River bridges are sufficient to
ensure the expeditious flow of goods and traffic across the border; and that staff
levels at the International Bridges on the Niagara River not decrease to pre-2000
levels. (See attached correspondence)
.?-
.BY-LAWS.
The City Clerk will advise of any additional by-laws or amendments to the by-laws
listed for Council consideration.
2003-151
To establish Part 3 on Reference Plan 59R-12152 as a public highway, to be
known as and to form part of Industrial Street.
2003-152
To establish Part 3 on Reference Plan 59R-11929 as a public highway, to be
known as and to form part of Dorchester Road.
2003-153
To establish Part 3 on reference Plan 59R-11595 as a public highway, to be
known as and to form part of Leonard Avenue.
2003-154 To amend By-law No. 2002-197, being the Live Adult Businesses by-law.
2003-155
To amend By-law 2003-141, a by-law to consolidate fees and charges for
various services, licences and publications for the City of Niagara Falls in
compliance with the Municipal Act 2001.
2003-156
To amend By-law No. 79-200, to permit the construction of two, three-storey
apartment dwellings, with an integrated commemial component on the eases
side of Drummond Road (Re: AM-42/2002, 6870, 6886 & 6892 Drummond
Road)
2003-157
To amend By-law No. 79-200, to permit a single detached dwelling to be used
as a tourist home (Re: AM-21/2003, 4841 Simcoe Street)
2003-158
To amend By-law No. 1538 (1958), to preclude a residential use.
(Re: AM-26/2003, 8123 Young Road).
2003-159
To amend By-law No. 79-200, to permit the establishment of a contractor's or
Tradesman's shop. (Re: AM-27/2003, 5629 Slater Avenue)
2003-160
To amend By-law No. 2002-081, being a by-law to appoint City employees,
agents and third parties for the enforcement of provincial or municipal by-laws.
2003-161
To authorize the execution of a Subdivision Agreement with 527786 Ontario
Limited respecting Omhard Grove West Subdivision.
2003-162
To provide for the adoption of an amendment to the City of Niagara Falls
Official Plan. (Re: OPA #40, AM-20/2003)
T
-8-
2003-163
2003-164
2003-165
2003-166
To amend By-law No. 79-200, to permit an increase in building height and lot
coverage. (Re: AM-22/2003, Jim Pattison Entertainment Ltd.)
{HANDOUT) To amend By-law Nos. 79-200, 99-104, 2001-103 and 2001-23,
to relieve certain developments from providing all of the required parking
spaces on site and to permit some or all of the required and additional parking
spaces for these developments and employee parking spaces, by valet or
other services, on land to be used as a satellite parking lot (Re: AM-20/2003,
Niagara 2 l't Group)
To authorize monies for General Purposes (September 8, 2003)
To adopt, ratify and confirm the actions of City Council at its meeting held on
the 8th day of September, 2003.
NEW BUSINESS
a~- Men's e Nabonal Lawnbowh~g Ch~,~.~,ona~l~!] .........
Community Services Department
Parks, Recreation & Culture
Inter-Departmental Memorandum
Nligmrl FillslII
C.n~~
To: Sue Forcier
Mayor's Office
September 2, 2003
From:
Lori-Lyn Albanese
Community Development Coordinator
Extension 4330
Subject:
Awards at Council - Monday, September 22, 2003
Men's Single National Lawn Bowling Championship - Ryan Stadnyk
The Canadian Lawn Bowling Championships were held in Regina, Saskatchewan the week of
August 18, 2003. Ryan Stadnyk, a local lawn howler, represented the Province of Ontario and
returned to Niagara Falls with the gold medal for the National Lawn Bowling Championship in
the Men's Singles division. This is his first nationals and wins him a berth on the Bowls Canada
national team.
Ryan defeated the home-town favourite, Darrell Hanoski, 21-1 in the final match. Each had lost
only one match in the final round robin, with Stadnyk winning the previous game with Hannski
21-18.
In 2004, Ryan will represent Canada at the International 'Champion of Champions' Lawn
Bowling Competition in Australia. As well, Ryan will head to Arizona, in February 2004, where
he will be assessed with other Canadian Lawn Bowlers to represent Canada at a numerous
International Lawn Bowling Competitions.
His interest in lawn bowling began 15 years ago, at the age of 10, when he was introduced to the
sport by his grandfather. Ryan has now been lawn bowling for the past 15 years with the Niagara
Falls Lawn Bowling Club at the Niagara Falls Badminton Club on Willmott Street.
Lori-Lyn Albanese
cc. Dean Iorfida, City Clerk
cc. Adele Kon, Director of Parks, Recreation & Culture
SCAwar0sX2003~yan Stadnyk - b/~ en's Single National Lawnbowllng Championship - September 22, 2003.wpd
Wor~in9 T0~et~er to Serve Our Community
Community Services Department
Parks, Recreation & Culture
Inter. Departmental Memorandum
To:
Mayor Wayne Thomson
Date: August 20, 2003
The City of
Niagara Falls
C ana ~,~,~1~'
Lori-Lyn Albanese
Community Development Coordinator
Ext. 4330
Subject: 2003 Summer Trillium Awards
The Summer Trillium Awards Committee have now completed the judging for the 2003 Summer
Trillium Awards competition. The Committee judged a record number of 88 properties this year.
There are three categories: Residential, Commercial and Best Neighbourhood (sponsored by the
Niagara Falls Horticultural Society).
Awards for First, Second and Third Place in the Residential and Commemial Categories and First
Place in Best Neighbourhood will be recognized at Council on Monday, September 8, 2003. The
winners of each category axe as follows:
Residential Category
1st PLACE Irene Bodorkos 6256 Balmoral Avenue
2nd PLACE Bill & Wilma Selman 6192 Crimson Drive
3rd PLACE Lyle & Debra Teakle 2589 Noella Crescent
3ra PLACE ! Frank & Sandy Leslie 8787 Niagara River Parkway
3rd PLACE Placido & Patti Iammarino 6408 Doreen Drive
3~ PLACE Larry & Shirley Maraldo 5760 Aspen Crt
Award of Merit Sam & Fran Long 6048 Althea Street
Award of Merit Sue Hilston 6850 Imperial Court
Award of Merit Phil & Kym Cody 3289 St. Paul Ave.
Award of Merit Dave & Rhonda Petheram 4573 Portage Road
Commercial/Institutional/Industrial/Multiple Dwelling Complexes
1st PLACE Patterson Funeral Home 6062 Main Street
Ed & Ruth Ann Nieuwesteeg
2nd PLACE Betty's Restaurant 8921 Sodom Road
Joe Miszk
3rd PLACE Somerset Court 7810 Ethel Street
Theresa Bensen
2003 Summer Trillium Awards Page 2 of 2
Award of Merit Happy Wanderer Restaurant 6405 Stanley Avenue
Hilde Mercenik
Award of Merit Fairhaven 3568 Montrose Road
Jeff Eidt
Award of Merit Canada One Factory Outlet 7500 Lundy's Lane
Steve Keilhau, Onsite
Manager
Best Neighbourhood Category - Residential
Sponsored by the Niagara Falls Horticultural Society
1st PLACE Jim & Maria Long 3631 Matthews Drive
Gery & Deborah Mercnik 3643 Matthews Drive
Michel & Alicia Demers 3646 Matthews Drive
Allan & Daphna Saks 3658 Matthews Drive
Tony & Linda Crocco 3661 Matthews Drive
Dino & Sherry DiCienzo 3666 Matthews Drive
George & Carmela Bahdi 3672 Matthews Drive
Jamie & Rosalie Morocco 3681 Matthews Drive
Gary & Kathleen Spironello 3692 Matthews Drive
Robert & Beth Prest 8211 Mount Olive
Award of Merit Carmen & Jill Morinello 7106 Mount Forest Lane
Mr. & Mrs. Ruddell 7096 Mount Forest Lane
Cosmo & Luigia Menechella 7090 Mount Forest Lane
Steven & Nancy DeProphetis 7087 Mount Forest Lane
Dave &Edie Mullen 7091 Mount Forest Lane
Mr. & Mrs. Stanislawek 7099 Mount Forest Lane
Barry & Gloria Zimmerman 7107 Mount Forest Lane
Award of Merit John & Mary Bak 7141 Waterloo Drive
Jim & Yvoune Diodati 7180 Waterloo Drive
George & Laurie Walker 7166 Waterloo Drive
Greg & Pam Lesco 6966 Waterloo Drive
Joseph & Alma Thompson 7167 Waterloo Drive
Award of Merit Larry & Shirley Maraldo 5760 Aspen Court
John & Sharlene Seidl 7336 Alex Avenue
Brett & Danielle Dickinson 7342 Alex Avenue
Lina Orlando & Rita Woodhead 5759 Aspen Court
Donnie & Marlene Speck 7348 Alex Avenue
Nicole Moreau & Fred Ewacha 7296 Alex Avenue
cc. Adele Kon
Dean Iorfida
Wor[dn0 To~et~er to Serve Our Cornmanit~
Alzheimer $ociety
Dear Mr. Iorfida:
Re: Deputation to Council
On Thursday, September 18, 2003, the Alzheimer Society of Niagara Region will be
celebrating the 7th Annual National Coffee Break Day in support of the Alzheimer
Society. Regional Chair Debbie Zimmerman is the Honourary Chairperson for Niagara's
Coffee Break. The National Coffee Break started as a local fundraising effort. It has now
grown into a national fundraising evem. The best part is that all monies raised stay in
Niagara in support oftbe Client Services Programs.
Mr. Doug Rapelje, the president of the Board of Directors for the Alzheimer Society of
Niagara Region, would like the opportunity to make a short presentation at a council
meeting before September 18t~. We wish to make council and all citizens aware of the
event and the services the Alzheimer Society provides. Between 6000 and 7000 people in
Niagara have Alzheimer Disease and related dementias. We served 1075 clients last year
and with our aging population, the need for our services is growing rapidly.
Please let us know if making a deputation will be possible. Thank you for your
assistance. If you have any questions, please call me at 905-687-6856 Ext. 552 or e-mall
at me at dspragget~alzheimemiagara.ca. I remain,
Yours truly,
Debbie Spragge~
Special Events Supervisor
Alzheimer Society of Niagara Region
Alpha
(A practical guide to the Christian faith)
Niagara Falls Alpha Events and Courses 2003 - 2004
AT ST. ANDREWS UNITED CHURCH:
1) NATION^L PRAYER EVENING
At 7.00 p.m.Tues. Sept. 9, 03
2) DINNER FOR ALL CHURCHES AND OTHERS
At 6.00 p.m. Fri. Sept. 19, 03
3)3 LPHA COURSES:
Evening Alpha Starting 6:00 p.m. Tues. Sept. 23. 03
Morning Alpha Starting 9:30 a.m. Date to be announced
To register for Dinner and Courses, call Heather Thompson
905-356-5093, or Church 905-356-1291
OTHER ALPHA COURSES:
ST. STEPHEN'S CHURCH
Starts at 6:15 p.m. Mort. Sept. 29, 03. Call Ramona Upton 905-374-6223
REDEEMER BIBLE CHURCH
Starts Sept. Call Roger Poirier 905.646-0481
INTERNATIONAL WORSHIP CENTRE
Course starts in September. Call Glen Betts 905-641-1700
MOUNTAIN PARK CHURCH
formerly NIAGARA FALLS CHRISTIAN FELLOWSHIP
Course late in year 2004. Call 905-374-2911
STAMFORD PRESBYTERIAN CHURCH
Call Margaret Vanderzweerde 905.358-5005
CHIPPAWA PRESBYTERIAN CHURCH
Course starts in September. Call Lynn Hurd 905-295-6020
For any other Alpha information contact:
Valerie Williams, Alpha Advisor
905-356-1068, davaiwil~axxine.com
The City of J 'iJJ /
Niagara FallsJJ j
Corporate Services Department
Planning & Development
4310 Queen Street
P.O. Box 1023
Niagara Fails, ON L2E 6X5
web site: www.city.niagarafaJls.on.ca
Tel.:
Fax:
E-mail:
(905) 356-7521
(905) 356-2354
planning@city.niagarafalls.on.ca
PD-2003-81
Doug Darbyson
Director
September 8, 2003
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re'
PD-2003-81, Zoning By-law Amendment Application &
Application for Site Plan Control
Applications AM-14/2003 & SPC-06/2003, 5950 Victoria Avenue
Applicant: Niagara 21st Group Inc.
Agent: Italia Gilberti, Solicitor
Proposed 10 Storey Hotel
RECOMMENDATION:
It is recommended that Council:
1)
defer its decision on the 10-storey Zoning By-law amendment application and the four-
storey Site Plan Control application as both applications are premature as the Grand
Boulevard Functional Design Study has been completed but not adopted by Council and
other issues as noted in this report, and in report PD-2003-58, remain unresolved; and
2)
direct staff to continue to work with area stakeholders to further investigate Grand
Boulevard alternatives.
BACKGROUND:
On June 16, 2003, Council deferred its decision on the above applications to permit the
development of a 10-storey hotel at 5950 Victoria Avenue, site of the Marriott Courtyard Hotel,
because the Grand Boulevard Functional Design Study had not been completed. Staff had also
cited numerous issues that had not been satisfactorily addressed by the applicant as further reasons
for deferral.
Since this time, there have been several developments on the issues surrounding these applications.
Working Together to Serve Our Community
Clerks · Finance Human Resources · Information Systems Legal · Planning & Development
September 8, 2003 - 2 - PD-2003-81
1. Grand Boulevard Functional Design Study
The intent of the Grand Boulevard Functional Design Study is to provide design details of
the Grand Boulevard concept as envisaged by the Official Plan: a multi-modal
transportation link between the Clifion Hill and Fallsview districts that allows for a people
mover, vehicles and pedestrians.
The Function Design Study has now been completed. Over the past several weeks, the
City's Consultant, TSH, has completed urban design schemes for the Grand Boulevard.
During this time, however, a petition was received from the Victoria BIA stating
opposition to the Grand Boulevard concept as envisaged by the Official Plan, seeking
elimination of both vehicular traffic and pedestrians from any transportation development
of the corridor and requesting that the "Grand Boulevard" be routed along Victoria Avenue
and Ferry Street to Fallsview Boulevard. Because of this Council directed that a
stakeholder meeting be held with the consultant once the study had been completed.
A stakeholder meeting was held on August 25, 2003 with the Victoria Avenue BIA and
with two other stakeholders on September 2, 2003. No consensus was reached.
2. The Parking Structure and Traffic Impacts
The proposed design includes a seven-level parking structure. Given the recent approval
for the satellite parking lot on the south side of Dunn Street, west of Ailanthus Avenue, the
proposal to construct the parking structure is now called into question. Moreover, the
traffic impact study submitted with the application did not take the satellite parking lot into
consideration. Utilization of satellite parking will result in increase traffic generation from
the site and additional demands on the surrounding road network.
3. Application for Further Development
The day after Council deferred its decision on the application, the applicant submitted an
application to amend the Zoning By-law for two 30 storey hotel towers and an eight storey
parking structure on the site. Now that the applicant's full intentions of the site are known,
it would be advisable for it to not pursue the 10 storey application and to work together
with the City and the Architectural Peer Review Panel to develop a site design that is both
beneficial to the applicant and takes advantage of the public interest initiatives.
4. The previous issues are still unresolved.
As noted in the attached report, PD-2003-58, there were several issues respecting Official
Plan compliance that had not been satisfactorily addressed by the applicant. These issues
are still relevant and remain unresolved.
CONCLUSION:
In conclusion, the requested amendment to the Zoning By-law for a 1 O-storey hotel and a Site Plan
Control application for a four-storey structure is recommended for deferral as the issues affecting
September 8, 2003
- 3 - PD-2003-81
the application have not been resolved. In addition, staff is seeking direction from Council to
investigate further Grand Boulevard alternatives with the stakeholders.
Planner 2
Respectfully submitted:
.~ John MacDonald
Chief Administrative Officer
Recommended by:
Doug Darbyson
Director of Planning & Development
Approved by:
T. Ravenda
Executive Director of Corporate Services
JB :pb
Attach.
S:~PDR~2003XPD2003-81, AM14-03 SPC06-03 5950 Victoria Ave 10 storey.wpd
Corporate Services Department
Planning & Development
The City of ~1~ 4310 Queen Street
Niagara FallslJ~,~ll~ P.O. Box 1023
· Niagara Falls, ON L2E 6X5
Can~~ web site: www.city.niagarafalls.on.ca
~i.~l~l~ -iTM Tel.: (90§) 366-7621
Fex: (90§) 3§6-23§4
E-maih planning@¢ity.niagarafalls.on.ea
PD-2003-58
Doug Darbyson
Director
June 16, 2003
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re:
PD-2003-58, Zoning By-law Amendment Application
and Application for Site Plan Control
AM-14/2003 & SPC-06/2003, 5950 Victoria Avenue
Applicant: Niagara 21st Group Inc.
Agent: Italia Gilberti, Solicitor
Proposed 10-Storey Hotel
RECOMMENDATION:
It is recommended that:
1)
Council defer its decision on the 1 O-storey Zoning By-law Amendment application and four-
storey Site Plan Control application to enable the City to complete the Functional Design
Study of the Grand Boulevard; and
2)
given the importance of the Grand Boulevard within the context of the Official Plan, it is
further recommended that the Functional Design Study be completed in concert with the
developer so that the following issues can be coordinated:
future utilization and enhancement of the Grand Boulevard including access, building
orientation, pedestrian safety, on-street parking and capacity;
utilization of the applicant's air rights above the Grand Boulevard;
the extension of Ferry Street to the Grand Boulevard;
the Ferry Street Square; and
traffic impact study recommendations that include elimination of the on-street parking
spaces on the south side of Ferry Street, creation of a signalized intersection at the
entrance to the subject lands and the underestimating of traffic volumes in the area.
BACKGROUND:
The zoning amendment is requested for the land at 5950 Victoria Avenue, as shown on Schedule 1.
The land is currently occupied by the Marriott Courtyard hotel. The amendment is requested to
permit the construction ufa second 10-storey hotel. Details are shown on Schedule 2. A site plan
application has simultaneously been made for the first four-storey phase of the development to
expedite it.
Working Together to Serve Our Community
Clerks · Finance Human Resources · Information Systems Legal · Planning 8, Development
June 16, 2003 - 2 - PD-2003-58
Several months ago, staff was given a conceptual plan of a 30-storey tower and a 40-storey tower
on the subject lands. No further discussions were held with the applicant. Approximately two
months ago, the Site Plan Control application was made for a four-storey structure followed soon
after by the 1 O-storey Zoning By-law amendment application.
During the assessment of this proposal, staff was advised by the applicant's solicitor that the 10-
storey proposal was only a part ofthe development plans for the subject lands. Review ofthe traffic
impact study submitted with this application confirms that a 30 and 40-storey hotels have been
contemplated for this site. When asked, the applicant did not supply any of these details.
Staffhas attempted to work with the applicant to obtain resolution of the key issues related to this
development to no avail. A letter was sent to the applicant's solicitor about two weeks prior to the
mailing of the 30-day notice stating the concerns that staff had with the proposal. Staffwas asked
to process the application as submitted. As a result, no substantive discussions or negotiations have
occurred between the applicant and staff.
The land is currently zoned Tourist Commercial (TC-478). Special provision 478 permits the
development of a 1 O-storey hotel (the Marriott Courtyard) and requires the owner to provide all of
the required parking for the abutting land to the north (TGI Friday plaza). Site specific provisions
are requested to permit a second 1 O-storey hotel.
Surrounding Land Uses
The lands surrounding the proposed development to the north and west are tourist commercial uses
including hotels, motels, restaurants and retail stores. To the south, the land is being used for
construction parking on a temporary basis. The former railway conSdor abuts the lands to the east.
Circulation Comments
Information regarding the application was cimulated to City departments, government agencies and
the public for comment. Comments received to date are noted below.
Regional Planning & Development -
The proposal may be premature given the lack of
formal plans for the Grand Boulevard and the plan
submitted with the application.
If the Grand Boulevard is to become a cornerstone
of the tourist district, development must be
designed to incorporate features that improve the
public realm and compliment the streetscape.
The plan does not appear to have any relationship
with the future Grand Boulevard in terms of
pedestrian-scale design or district features that
would reflect the City's built form criteria.
Municipal Works
Grand Boulevard Functional Design Study should
be completed in concert with developer in order to
resolve issues relating to access, building
orientation, pedestrian safety, on-street parking
and capacity.
June 16, 2003 - 3 - PD-2003-58
Public input is required for the proposal to require
a four-lane crossection for Ferry Street and
elimination of on-street parking.
Staff has unresolved technical issues respecting
the creation of a signalized intersection at the
main entrance on Victoria Avenue.
Projected traffic volumes on which the traffic
impact study was based have been
underestimated.
Building & By-law Services
All permits to be required prior to construction.
Further information regarding Ontario Building
Code compliance is required from the project
architect.
Fire Services
Further information regarding Ontario Building
Code compliance and fire safety issues is required
from the project architect.
· Parks, Recreation & Culture
No objections.
Planning Review
The subject lands are at the centre of three fundamental public realm initiatives as
envisaged by the Official Plan.
Earlyin the review and visioning portion o fthe Tourist Area Development Strategy (TADS),
the concept of creating a sense of place within the tourist area was determined to be
necessary for the City to be a modem urban centre adjacent to one of the country's most
important tourist destinations. Several initiatives were developed within TADS to attain a
public realm of quality comparable to the Falls and Queen Victoria Park. Among these are
the Grand Boulevard, the extension of Ferry Street and the Ferry Street Square. These three
initiatives, which were carried through into the Official Plan's Tourist Commercial policies,
seen as fundamental to achieving a world class place, are all concentrated around and within
the subject lands. The proposal is to redevelop the former railway corridor into a multi-
modal transportation link between the Fallsview and Clifton district, to connect the Lundy's
Lane district to the tourist core by extending Ferry Street to the Grand Boulevard and to
construct a public square at this intersection where people can gather, relax and enjoy the
urban environment.
The proposed development jeopardizes the success of the Grand Boulevard.
As shown on Schedule 2, the proposed 1 O-storey hotel is to be built directly abutting the
former railway corridor. There has been interest for some time in creating some form of
transportation corridor on the former rail line. The corridor had been proposed as a vehicular
transportation route in 1966, when the Ministry of Transportation (then Department of
Highways) developed plans for a divided, four-lane road that would mn along the top of the
June 16, 2003 -4 - PD-2003-58
escarpment through the tourist area. It is clear from reading the current policies of the
Official Plan that the Grand Boulevard, a multi-modal transportation link between the Clifton
and Fallsview subdistricts, is a major goal to be achieved and an opportunity that is to be
capitalized upon by both the public and private sectors.
Not only has Council recognized the importance of this goal by adopting specific Official
Plan policies, it has purchased the corridor, endorsed a Streetscape Master Plan, authorized
a Functional Design Study and earmarked funding for the Grand Boulevard through the
Development Charges by-law. These actions demonstrate a clear public interest and an
important element in the further evolution of the tourist core. The design and layout of the
proposed hotel do not embrace the fundamental principles of the Grand Boulevard so without
proper redesign, the Grand Boulevard initiative may be jeopardized.
The Official Plan requires detailed engineering and design studies to determine various
aspects of the new corridor. As indicated in the attached report, PD-2002-40 recommended
that the Functional Design Study of the Grand Boulevard be undertaken. To date, the TSH
Functional Design Study has yet to be completed. Finalization and adoption of the study are
recommended prior to the initiation of developments abutting the corridor as issues such as
the location of the pedestrian, vehicular and people mover elements and their
interrelationship, site access, the grade differential between the corridor and the abutting
properties and detailed streetscaping have to be determined and agreed upon by all parties
concerned.
The site plan initially submitted with the application indicated a "future high-rise hotel"
proposed to be built adjacent to the TGI Friday restaurant and extending into the corridor.
The applicant owns "air rights" that allow it to build above the corridor. The air rights begin
approximately 23 feet above its current level. The present concept for the Grand Boulevard
requires the elevating of the grade of the corridor to the level of the abutting lands, or about
15 feet. This would create a small window through which the Grand Boulevard would be
located. Clearly, the air rights issue has direct impacts on the design of the Grand Boulevard
and peoplemover system. The air rights issue requires resolution as part of the Functional
Design Study.
The connection of Ferry Street and the Ferry Street Square have not been provided for
on the plan.
Along with the Grand Boulevard, and interconnected with its development, is the connection
of Ferry Street to the Grand Boulevard and the Ferry Street Square. Both are fundamental
policy objectives of the Official Plan and TADS and work to further connect the tourist
districts and provide a sense of place that is not found in the public realm in this area. The
Streetscape Master Plan also provides direction respecting the Ferry Street Square by
illustrating conceptual plans.
The design of the Ferry Street Square should follow a similar process as Portage Prospect
where a specific urban design study has been done in full consultation with surrounding
stakeholders to explore various alternatives. This study could be done as an extension to the
TSH Functional Design Study of the Grand Boulevard so that the Grand Boulevard,
extension of Ferry Street and the Ferry Street Square can be assessed holistically together
with the applicant's development plans.
June 16, 2003 - 5 - PD-2003-58
Traffic and Infrastructure Concerns
The Municipal Works Division has commented on the Traffic Impact Study prepared by TSH
regarding the Springhill Suites project and its contemplated build-out with two high-rise
hotel towers of 30 to 40 storeys in height. Their concerns (see Appendix 1) are summarized
as follows:
The Traffic Impact Study identifies Victoria Avenue as the ingress/egress point to serve
the whole of the development, whereas TSH in their work for the City on the
Transportation Master Plan update identifies the Grand Boulevard as providing access
to development sites as its primary function. This change in focus results in significant
improvements being required along Ferry Street to Stanley Avenue in terms of the
elimination of on-street parking, the narrowing of driving lanes and the future
signalization of the site access to Victoria Avenue.
The projected traffic volumes from additional developments in the area, and other
matters, have not been considered in the overall analysis.
The application should be deferred to enable the City and the developer an opportuuity
to work toward a mutually acceptable development scheme for this site.
A "build-out" plan should be submitted for full and proper assessment.
As has been noted throughout this report, the four-storey Site Plan Control application and
the 1 O-storey Zoning By-law amendment application represent the first phases of the further
development of this property. A future high-rise tower is to be proposed and the subject 10-
storey is to be extended in height. To submit a development application in such a piecemeal
manner is not indicative of good planning. Conceptual plans of the complete development
scheme should first be submitted for comment, issues scoped by staff and discussions held
with the applicant. Plan revisions can be made and applications submitted when issues are
resolved. The applicant has not been forthcoming with its plans and has failed to undertake
the standard application procedure. The Tourist Area Development Application Guide, in
fact, requires a context plan showing the "footprint of all proposed buildings and/or
structures..." (emphasis added).
In order to proceed with this development, the applicant should be encouraged to submit full
build-out plans. By not doing so, staff cannot properly assess the proposal. Also, the
potential impacts on public interest initiatives noted in this report cannot readilybe resolved.
Certain built form and related issues are apparent now and require resolution before
proceeding further, for example:
The plans state that while 427 parking spaces are required for the current and proposed
development, 788 spaces are proposed within a seven-level parking structure. This
oversupply of parking is not in keeping with the recommendations of the People Mover
Parking Strategy.
The proposed 1 O-storey hotel does not comply with certain parameters of the Design
Criteria for High-Rise Buildings. There is insufficient separation distance between the
proposed building and the existing Marriott Courtyard. In addition, a three-metre
stepback is required above the fourth storey along the Grand Boulevard frontage.
June 16, 2003 - 6 - PD-2003-58
Proper spacing between buildings and adequate setbacks above the podium level are
important urban design features which mitigate wind impacts and provide for the
comfort and safety of pedestrians at ground level. Such deficiencies need to be
addressed now as greater impacts will occur with future development, especially if30
to 40 foot towers are contemplated.
The width of the building complies with the built form guidelines at 10 storeys, but will
not if the same width is extended beyond 15 storeys. Because of this, the architect will
have to design the building such that a reduction of the building mass above 15 storeys
can be achieved. Not to do so will compromise any ability in achieving compliance
with the Criteria in the next phase of construction.
The Site Plan Control Application
Last year, a Site Plan Control application was made for the construction of the Keg restaurant
on the subj eot lands. Planning report PD-2002-40 recommended approval of the application,
however, also recommended that no further development be undertaken on the property until
the Functional Design Study of the Grand Boulevard was complete. At that time, staff was
concerned that the proposal was beginning to threaten the development of the Grand
Boulevard. The current application for the four-storey hotel, with its orientation and access
internal to the site clearly contravenes the Official Plan policy which states that the Grand
Boulevard concept shall be created and that Council shall ensure that public improvements
and new developments along this new public street are consistent with the Design Criteria
for the Grand Boulevard.
The site plans for both the first (four-storey) and second (10-storey) phases of the
development incorporate none of the elements of the Design Criteria. While certain retrofits
could be made to the building to create store fronts and patios, access and orientation will
remain internal and the development will mm its back on the Grand Boulevard. These are
important site planning matters which conflict with the Official Plan and Grand Boulevard
Design Criteria.
Council should also note that several matters are still outstanding regarding the proposed site
plan application:
The access into the porte cochere of the new hotel will result in internal circulation
difficulties.
The development provides excess parking that could be utilized for commercial
purposes.
· No details on garbage storage and loading facilities.
Lack of landscaping along the south property line.
· Ontario Building Code compliance.
June 16, 2003 - 7 - PD-2003-58
CONCLUSION:
Based on the foregoing, staffis recommending that Council defer its decision on the application until
the Grand Boulevard Functional Design Study is complete. Council has directed that this study be
undertaken to provide guidelines for developments interacting with the Grand Boulevard. To
proceed with the application submitted would not be in the interests of good planning. Staff is also
recommending that the applicant be encouraged to work in concert with the City to achieve a
mutually acceptable scheme for the site having regard to the planning policies of the City.
Prepared by:
Respectfully submitted:
John Barnsley
Planner 2
Recommended by:
John MacDonald
Chief Administrative Officer
Doug Darbyson
Director of Planning & Development
Approved by:
T. Ravenda
Executive Director of Corporate Services
JB/DD:tc
Attach.
S:XPDR~2003~PD2003 -58, AM-14-03, 5950 Victoria Avenue.wpd
BRIAN DUXBURY
September 5, 2003
SENT BY FACSIMILE (905) 356-2354
& COURIER
City of Niagara Falls
4310 Queen Street
Niagara Falls, Ontario
L2E 6X5
Attention:
Doug Darbyson,
Director, Planning & Developmem
Dear Sirs:
RE: Niagara 21= Group Inc. - Application for Zoning By-law Amendment
RE: My Client- ,656508 Ontario Limited
Please be advised that I am retained by 656508 Ontario Limited with respect to the above-noted
application.
Please find enclosed a copy of my letter to Mayor and Members of Council. I would be grateful
if you could have the letter delivered to the appropriate individuals at the City in order that my
letter can be circulated and placed before the Mayor and Members of Council for Monday's
meeting (September g, 2003).
I am sending you a hard copy of my letter by overnight courier,
Yours very ~t~ly, /~.
Brian Duxbury ~
BD:dl
Encl.
'cc 656508 Ontario bimiuxt
RECEIVED
SEP- 2003
PLANNING
& DEVELOPMENT
BRIAN DUXBURY
k~.RRISTER & SOLICITOR
I KING STREET WEST, SUITE 15~, HAMILTON, ONTARIO LSP
T~LEPHONE (905) 570-1242 ' FACSIMILE (905) $70-1955
e.mail: duxbur~@{nter[ynx,nct
September 4, 2003
Mayor and Members of Council
City of Niagara Falls
4310 Queen Street
Niagara Falls, Ontario
L2E 6X5
Dear Sirs:
RE: Niagara 21'~ Group Inc. - Application for Zoning By-law Amendment
RE: My Client - 656508 Ontario Limited
Kindly be ~dvised that I am retained by 656508 Ontario Limited which is the owner of land
immediately aajaeent to and south of the lands of the Applicant in this matter. In addition, the
principals of 656508 Ontario Limited are members of the Yerleh family which, as you know, have
signifieant holdings to the south of the Applieant's lands and which lands are vitally affected by the
future G-rand Boulevard.
I am in receipt of a copy of the Corporate Services Department report dated June 16, 2003 with
respect to this application. My client wholly adopts the concerns raised by planning staff with
respect to tiffs proposal.
The pmposai of Niagara 21~ Croup Inc. is fundamentally contrary to and jeopardizes the
implementation of the Grand Boulevard concept. These are matters wMch I raised in my letter to
you dated Suly l 1, 2003, another copy of which is attached to this correspondence. This proposal
turns its back on the Grand Boulevard and fails to implement several basic features of the Grand
Boulevard concept. This proposal is contrary to the Official Plan and fails to conform with your
Official Plan.
As further indicated in your planning staff's report, this proposal is premature and represents a piece
meal approach to the pianrfing for a vital areaofNiagara Falls. Tlle proposal represents bad planning
and my client objects to this application in its entirety.
-2-
My client also support~ the suggestion for further deferral of this application so that the appropriata
planning considerations can be undertaken and completed.
BD:dl
cc 656508 O~t~fio Limited
T
BRIAN DUXBURY
BARRISTER & $OI,]CITOR
I WING S'I-RE~I- W~.ST, SUITE 1500, HAMILTON, ONTARIO LSP
TELEPHONE (905) 570-1242 * FACSIMILE (905) 570-1955
July 11, 2003
Mayor and Members of Council
City of Niagara Fails
4310 Queen Street
Niagara Falls, Ontario
L2E 6X$
Dear Sirs:
RE: OPA No. 26 - The Grand Boulevard
Kindly be advised that I am retained by thc Yerich family with respect to certain aspects of the
ongoing implementation of ~he City's new Official Plan (OPA No. 26). My client operates the
Skylon Tower, Holiday Inn By The Falls and Cascade Inn and also owns a parcel of undeveloped
land north of Robinson Street and immediately west of the former railway lands.
It has come to my client's attention that presentations may be made to you at the Council Meeting
on Monday, July 14, 2003 or some date thereafter from the Victoria Avenue Business Improvement
Assoeialion that the Grand Boulevard, as described in OPA 26, should be reconsidered or cancelled.
The Grand Boulevard concept, a~ defined and described in OPA 26, is a vital and central component
to the long term planning policy of the City of Niagara Falls. The development of this concept and
policy and the enactment o£ OPA 26 followed a long, extensive and sometimes difficult public
process with input from a broad spectrum of interested parties and stakeholders. It is fundamentally
contrary to the integrity of official plan process and to the efforts that were made by the City and by
all parties that any group or stakeholder would now propose to amend the policy to exclude
importaut concept, especially in a piecemeal manner.
As expected, parties rely upon the process and upon the policies to make important business
decisions. The development and existence of the Grand Boulevard policy has been a key component
in my client's ongoing planning and business decision initiatives. In addition, the Grand Boulevard
policy cannot simply be segmented or cancelled since the policy is so integral to numerous other
pl~ning policies and concepts contained within OPA 26.
My clients are opposed to any suggestion or request tint the Grand Boulevard policy be reopened
for consideration by the City and we wish the City to be aware of my client's concerns at this early
juncture.
Yours very truly,
BD:dl
George Yeri~h, Sr.
Geo~ Yerich, Jr.
TOTAL P.06
OY/OS/Z0O~ 13:3~ FAX 416 322 §684 FALLS MANAGEMENT COMPANY ~002
Falls Management Company
September 5, 2003
Mr. John MacDonald
Chief Admln~strative Officer
City Of Niagara Falls
4310 Qu~n Street
P.O Box 1023
Niagara Falls, Ontario L2E 6X5
Re: Niagara Falls Casino/Gateway Project
GPA No.26: The Grand Boulevard
Dear John,
Falls Management Company has now attended two meetings, convened by tho City
of Niagara Falls staffto discuss the City's intention to amend at thi~ late stage the Grand
Boulevard concept as originally contemplated by the City's official plan (GPA 26).
The meetings have been informative, but we are not encouraged by the suggested
changes. FMC has fulfilled m good faith the collective objectives of the City and the
Ontario Lotte~ and Gaming Corporation (OLGC) as they apply to the design,
development, and construction of the Casino Complex, having due regard to the City's
GPA and the site specific commlUnents as set out in the "Development Agreement",
"Keciprocal Agreement" and other covenants.
In view of tho advanced stage of completion of the $800 million Casino Complex,
we strongly object to any actions the City may take that would deviate from the stated
"Grand Boulevard" policies.
However and without prejudice, we would not be adverse to consider City staffs
efforts on other alternatives that would preserve the original principles of the G-rand
Boulevard objectives and maintain a strong pedestrian linkage across Murray Street to
Victoria Avenue within the C-rand Boulevard alignment.
CC: Brian Wood
Jim Dougan
David Strom
2500 ¥onse Street, Suite 409, Toronto, Ontario M4P ]E4
Telephone: (416) 322-5005. Fax: (416) 322-6684
Niagara I:alls JJJ,~
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-2003-77
Doug Darbyson
Director
September 8, 2003
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re-'
PD-2003-77, Zoning By-law Amendment Application
AM-28/2003, 6095 Fallsview Boulevard
Applicant: James Swales
Legalization of Existing Tattoo Studio
RECOMMENDATION:
It is recommended that Council approve the requested Zoning By-law amendment application to
legalize an existing Tattoo Studio at 6095 Fallsview Boulevard and to reduce the parking
requirement from eight to six, conditional upon the applicant obtaining a business licence.
BACKGROUND:
James Swales has requested an amendment for thc property known as 6095 Fallsview Boulevard
which is located on the northwest comer of Fallsview Boulevard and Robinson Street, as shown on
Schedule 1. The amendment is requested to legalize the tattoo studio that is currently operating
within the existing building.
The subject property is currently zoned Tourist Commercial (TC). Site specific provisions are
requested to add a tattoo studio as a permitted use and to reduce the number of parking spaces
required from eight to six.
Surrounding Land Uses
Immediately north, south and west of the subject property are legal non-conforming single detached
dwellings. To the east and further to the north and south are tourist commercial uses comprised of
hotels, motels, restaurants and attractions.
}Yorking Together to Serve Our Community
Clerks · Finance Human Resources Information Systems · Legal · Planning & Development
September 8, 2003 - 2 - PD-2003-77
Circulation Comments
Information regarding the application was circulated to City departments, government agencies and
the public for comment. No objections or concerns were raised.
Planning Analysis
The establishment of a tattoo studio on Tourist Commercial lands does not offend the
Official Plan.
The subject property is designated Tourist Commercial in the Official Plan and is located
within the Fallsview subdistrict. The Fallsview subdistrict is to function as the primary
location for large-scale accommodations, entertainment, retail and cultural attractions. The
plan also encourages and promotes pedestrian-scale uses built to the street to enliven and
activate the public realm.
A tattoo studio use has previously been approved in the Central Tourist District. A tattoo
studio currently operates on Ferry Street, west of Ellen Avenue, and generally adds to the
variety of uses and the character of Ferry Street. The area around the subject property and
extending north to Ferry Street is in transition from non-tourist commercial uses to tourist
commercial that will serve to link the Clifton Hill and Fallsview subdistficts. The tattoo studio
should help in this transition by providing a small-scale attraction that will assist in creating
an interesting and entertaining public realm.
2. The requested amendment is appropriate.
The applicant has requested a site specific amendment to the TC zoning of the subject property
to add a tattoo studio as a permitted use and to reduce the parking requirement from eight
parking spaces to six. The requested amendment is appropriate. Given the extent of pedestrian
traffic, the reduction in parking should not result in off-site impacts such as an increase in on-
street parking. There is no record of complaints because of parking since the studio began
operating.
The City Clerk has advised that a business licence has not been obtained for the tattoo studio.
As such, the approval should be conditional upon the applicant obtaining a business licence.
CONCLUSION:
In conclusion, the requested Zoning By-law amendment for 6095 Fallsview Boulevard can be
recommended for approval, conditional upon the applicant obtaining a business licence because:
· a tattoo studio does not offend the policies of the Official Plan;
a tattoo studio is in keeping with the concept of providing pedestrian-scale uses to create an
interesting and entertaining public realm;
· the proposed amendment is appropriate; and
· the reduction of parking should not result in off-site impacts.
September 8, 2003
~ IJ~msley
Planner 2
Recommended by:
Doug Darbyson
Director of Planning & Development
JB:pb
-3-
PD-2003-77
Approved by:
T. Ravenda
Executive Director of Corporate Services
Respectfully submitted:
Cd~i°n~ltldative Officer
S APDRX2003XPD2003-77, AM-28-03, 6095 Fallsview Blvd.wpd
SCHEDULE 1
LOCATION MAP
Subject Land
Location:
Amending Zoning By-law No. 79-200
6095 Fallsview Boulevard
AM-28/2003
Applicant: James Swales
I:NTS
Augus12003
SCHEDULE 2
N 87° oo'E
August 14, 2003
PLANNING AND DEVELOPMENT DEPARTMENT
The Regional Municipality of Niagara
3550 Schrnon Parkway, P,O. Box 1042
Thorold. Ontario L2V 4T7
Telephone: (905) 984-3630
Fax: (905) 641-5208
E-maih plan@regional.niagara.on.ca
Doug Darbyson, MCIP, RPP
Director of Planning and Development
City of Niagara Falls
4310'Queen Street
Niagara Falls, ON L2E 6X5
File: D.10.M.11.23
Feuillets de transml~/on par tg,~copieur
Post-It'" Fax Note
Dear Mr. Darbyson:
RE: Zoning By-law Amendment Application
Northwest Corner of Fallsvlew Avenue and Robinson Street
James Swales
City of Niagara Falls
Your File: AM-2812003
This application proposes to amend the City's Zoning By-law to permit a tattoo studio in
an existing building and to reduce the parking requirement from 8 to 6 spaces for a
property currently zoned Tourist Commercial (TC).
These lands are within the Niagara Falls Urban Area Boundary according to the
Regional Policy Plan and designated Tourist Commercial in the City's Official Plan. The
City should be satisfied that this use is appropriate for the area and that the proposed
parking reduction will not have any detrimental impacts. 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,
),~ Davld J.
Director of Planning Services
C: Councillor William Smeaton
M:~MSWOP, D\PC~NFzbla\Fa[Isview & Rol~lnson.dOc
RECEIVED
1 2003
PLANNING
& DEV.~.E LOP M E NT._
The City of
Niagara Fails
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-2003.80
Doug Darbyson
Director
September 8, 2003
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re:
PD-2003-80, Official Plan and Zoning By-law Amendment
Applications, AM-23/2003, Proposed Residential
Applicant: Metro Development
Agent: Rick Brady
West Side of Garner Road, North of Lundy's Lane
RECOMMENDATION:
It is recommended that:
l)
Council approve the Official Plan amendment application to designate the majority of the
lands for residential use with Special Policy provisions addressing the matters in this report;
and
2) the lands be zoned "Development Holding".
* AND THAT FURTHER INVESTIGATIONS INTO THE SIGNIFICANT WETLANDS OF THE
BACKGROUND: WOODLOTS OCCUR*
The applicant has requested Official Plan and Zoning By-law amendments as a preliminary step in
the planning approval process to develop the majority of a large parcel of land, approximately f00
acres in size for residential purposes. The subject lands are situated on the west side of Garner Road,
north side of Lundy's Lane, east of Beechwood Road and north of the Canadian National Railway
Tracks. The parcel of land is identified on the map attached as Schedule 1.
The lands are currently designated primarily as Industrial and identified as Special Policy Area 9
which indicates the ultimate lands use will be determined through appropriate studies. Two
watercourses traverse the site and are designated as Environmental Protection Area.
The application is to redesignate the majority of the lands to Residential in the Official Plan. A
southerly strip of land is proposed to be designated Environmental Protection Area to reflect the
realignment of a watercourse system. A Special Policy has been submitted as part of the application,
the most recent wording is attached as Schedule lA, to address the stormwater management role of
the charmel and recognize that the new naturalized watercourse system may have a role for passive
and active recreational purposes. Its ultimate width will be reflected in a future zoning amendment
Working Together to Serve Our Community
Clerks Finance Human Resources Information Systems Legal · Planning & Development
September 8, 2003 - 2 - PD-2003-80
upon approval of relevant agencies. The Special Policy will also ensure that future zoning
amendment and plan of subdivision applications will address the protection of a portion of the
existing woodlot on site.
The lands are currently zoned Transportation - Distribution Industrial (TDI) with a special provision
on a portion of the lands to prohibit the erection of a building or structure.
The applicant is requesting to rezone the lands to Development Holding (DH) to indicate the lands
are intended to be developed for residential purposes. A future zoning amendment application and
a plan of subdivision application would be required to develop the lands.
The applicant has submitted planning, traffic, environmental, forestry, hydrogeological and aggregate
reports in order to provide justification for the proposal. A conceptual layout illustrating how the
lands could be developed for residential purposes is attached as Schedule 2. Should the subject
applications be approved, the ultimate design will be determined through the subdivision application
process.
Surrounding Land Uses:
The subject lands are situated at the fringe of the urban area with agricultural uses to the north and
east, a golf driving range and agricultural uses to the west, railway tracks, Redpath Industries and
a campground to the south and east and commercial uses and the future Garner Neighbourhood to
the southeast.
Circulation Comments:
Information regarding the application was circulated to City departments, government agencies and
the public for comment. The comments received are summarized in Schedule 3.
Planning Analysis:
Staff has analyzed the application with respect to the criteria for amendments to the Official Plan that
Council should have regard for:
1. The Conformity of the Proposal to the General Objectives of the Official Plan
Although the lands are designated Industrial, Special Policy 9, which applies to the lands,
indicates that the ultimate land use will be determined through appropriate studies. As
mentioned, the applicant has submitted various studies and a conceptual development plan
to demonstrate the lands could be used for residential purposes. While design changes will
undoubtedly be required to address agency interests and general planning issues, it would
appear that specific technical issues can be addressed at the future plan of subdivision and
zoning application stages.
The subject property is somewhat isolated from other areas slated for residential
development. While this may provide an opportunity for a lifestyle type of development, it
will be important for the development to incorporate necessary amenities such as an
appropriate park, woodlot protection and traffic circulation elements at the future detailed
design stages.
September 8, 2003 - 3 - PD-2003-80
Suitability of the Site or Area for the Proposed Use, Especially in Relation to Other
Sites or Areas of the City
The City has both a substantial amount of residential and industrially designated lands within
its urban area. The Special Policy designation allows for the consideration o falternative uses
other than industrial. While interest was shown for developing alternative uses on the lands
when owned by the City, no serious formal applications for land use changes were submitted.
The Regional Planning and Development Department has suggested the amendment set out
a required density to ensure the future efficient development of the lands. There are a variety
of planning issues which must be addressed at the subdivision design stage. While the
efficient use of the lands is a planning objective, this must be balanced with other planning
objectives. Therefore, staffis of the opinion a minimum density requirement should not be
pr6scribed.
Compatibility of the Proposed Use with Adjacent Land Use Designations and Natural
Resources
The subject lands are within, but at the periphery of, the urban area boundary. There is the
opportunity at the future subdivision design stage to address compatibility issues such as the
provision of lower densities at the fringe of the urban area and appropriate buffers from the
CNR railway tracks and Redpath industries. The proposed stormwater channel running
along the north side of the tracks, for example, should assist in providing for a buffer from
these uses, although noise and vibration studies will be required in the future to determine
actual buffer requirements of the development. At the design stage, regard should be given
to surrounding agricultural uses and having lower densities at the interface areas.
The application for amendments included environmental, fisheries and forestry reports to
address the creeks, designated Environmental Protection Area in the Official Plan, which
traverse the site and the woodlots situated at the eastern side of the property. Schedule 4
illustrates the existing natural features on the property.
The environmental reports prepared by the applicant's consultant outline how the
watercourses have been impacted by farming activity on the site and how there is a lack of
fish habitat in these systems. The applicant's consultants have corresponded with the NPCA.
The NPCA has agreed conceptually with the relocation o fthe southerly tributaryto a position
along the north side of the tracks. The NPCA has requested the new diverted channel to be
designated Environmental Protection Area. The new watercourse system will be naturalized
incorporating in-stream ponds and a detention facilityin the southwest end. The exact width
of the system will be determined upon approval of the detailed design and will be reflected
in a future zoning amendment and future plan of subdivision application. The channel will
provide a multi-functional noise buffer and a passive recreational role. Its design will
ultimately incorporate berming and a trail system.
There are two woodlots situated on the east side of the property. The City's Urban Woodlot
Inventory ranks the northernmost woodlot, being approximately 5.2 ha in size, to be 34th out
of 120 wooded and treed sites. The inventory indicates the woodlot contains catbrier, black
gum and pin oak and was the third highest ranked site for significant species. The smaller
woodlot, situated to the south, being about 1.9 ha in size, is ranked 96th overall and is
identified as containing some pin oak.
September 8, 2003
- 4 - PD-2003-80
The application contains a forester's report which identifies that the southem woodlot has
been affected by beach bark disease. The report indicates the better growth in the woodlot
to the north is in the western section of the woodlot and concludes the southern smaller
woodlot is not worthwhile to preserve and its removal could help prevent the spread of
disease to the northern woodlot. The report also concludes low level development such as
larger estate type lots at the eastern end of the northern woodlot would be appropriate. The
preservation of the more significant western end of the northerly woodlot can be addressed
in latter phases of development such as the draft plan of subdivision stage. It should be noted
the highway right-of-way traverses through the western portion of the woodlot.
The application's forestry and hydrology reports identify the presence of slough ponding or
wet areas. However, the environmental impact study carried out by the environmental
consultant indicates the vegetation types within the forest were not indicative of forest
wetlands. The Regional Planning Department, which provides Provincial review functions,
has not requested a wetland evaluation. The Niagara Peninsula Conservation Authority
advises the site is not in a groundwater recharge area.
The City's Official Plan encourages the preservation of woodlots to the greatest extent
possible recognizing their numerous environmental and aesthetic benefits. Within the urban
area, a balance of development and conservation is encouraged. In this case, it is suggested
that special policies be established to provide for the protection of a reasonable portion of
the northern woodlot. The Regional Planning and Development Department has also
suggested that their requirement of a Tree Preservation Plan for future development could
be incorporated into a Special Policy for this amendment.
A Ministry o f Transportation (MTO) corridor traverses the subject property. The MTO has
advised the corridor is designated as a controlled access highway and any proposal will need
to account for the future highway corridor. Based on these comments, it would not be
possible to develop a small section of property northwest of the corridor. Therefore, a
Special Policy should be established to indicate that these lands cannot develop unless the
corridor is determined unnecessary. The policy should also indicate that any noise studies
conducted for future development should assess potential noise impacts from a highway
development. The proposed Development Holding zone should be appropriate for the lands.
The lands are within a potential mineral aggregate area. The application included an
aggregate report indicating the feasibility of extraction is unlikely. The Regional Planning
Department discussed the issue with the Ministry and accepts the development of the lands
for residential purposes without any further aggregate resource investigation.
4. The Need for and Market Feasibility of the Proposed Use
The applicant's planning consultant argues that there is a dwindling developable land supply
in other municipalities on a regional basis. While this does not specifically address the need
based on residential land supply in Niagara Falls, Special Policy Area 9 indicates the ultimate
land use is unknown until studies are completed despite the industrial designation. The
application proposes residential as the ultimate use with supporting studies.
The Extent to Which the Existing Areas of the City Designated for the Proposed Use
are Developed or are Available for Development
While there are other areas in the City designated for residential purposes, the subject lands
have sat undeveloped and underutilized for many years despite Special Policy 9 which
provides for the consideration of land uses other than industrial.
September 8, 2003
-5- PD-2003-80
The Availability of Adequate Municipal Services and Facilities for the Proposed use
and its Impact on the Transportation System, Community Facilities and Natural
Environment
The Municipal Works Division has no objections to the approval of this application subject
to matters on road design and servicing being addressed during future development stages.
More information is provided in the summary of the Municipal Works Division in Schedule
3. Road concerns centre around only one access point into the subdivision, the number of
cul-de-sacs in the concept plan, and the design of the main road which contemplates a future
urban boundary expansion.
The applicant is proposing a linear stormwater management facility along the northern side
of the railway tracks. This will serve a multi-purpose role including stormwater management,
buffer/noise attenuation barrier fi.om the railway tracks and Redpath Industries, as well as
being used for recreational purposes. The applicant proposes to use the channel for passive
recreational purposes in the form ora trail but also potentially for active neighbourhood park
area. The Parks, Recreation and Culture Division has advised that given the location and
size of the development, a neighbourhood park is necessary and should be more centrally
located and appropriately configured for active park use. Using the proposed stormwater
management facility is not acceptable. There is an opportunity to place a neighbourhood
park at the southern end of the woodlot to provide a buffer for the woodlot. A small portion
of the neighbourhood park could incorporate a section of the woodlot. The Parks, Recreation
and Culture Division has no objections to the stormwater management facility also being
used for passive recreational use.
7. The Financial Implications of the Proposed Development
The subject lands have been undeveloped for some time even with a Special Policy which
allows for the consideration of alternative uses. A well-planned development will contribute
to the City's tax base, provide Development Charges and provide for the efficient use of
urban lands.
CONCLUSION:
In conclusion, the development of the lands for residential purposes can be accommodated on the
subject property.
There are existing features on and around the site such as the railway, Redpath Industries, woodlot,
highway corridor and agriculture area which present design challenges. In this regard, special
policies need to be established to provide direction in dealing with future applications. The
Development Holding zone is the appropriate zone for the lands until the detailed design of the
subdivision is submitted.
Having regard to the comments and submissions received with respect to the proposed OP
amendment, it is the opinion of staff that an OP change to Residential can be supported subject to
the establishment of special policies addressing the following matters:
1) the location and design of an appropriate neighbourhood park;
2)
the ultimate width of the linear stormwater management facility will be reflected by a future
zoning amendment upon approval of a detailed design;
September 8, 2003 - 6 - PD-2003-80
3)
the lands located northwest of the highway corridor remain in a Development Holding zone
unless the highway corridor is determined to be unnecessary;
4)
future noise studies at the plan of subdivision stage to assess the impact of noise from a
future highway, existing railway and Redpath Industries;
5) that the design and study requirements of CN Railway be addressed;
6)
that a future plan of subdivision and zoning by-law amendment consider the protection of
a significant portion of the northern woodlot identified, by mechanisms such as zoning
regulations, design elements and a tree saving plan; and
7)
future development applications incorporate designs sensitive to agricultural uses and natural
features, at the periphery of the urban area boundary and a possible future highway traversing
the lands.
Addressing the Planning points mentioned above, will require additional wording and revisions to
the Special Policy Area wording submitted as part of the application. The wording can be developed
in conjunction with the applicant and can be provided to those with an interest or concern with this
application prior to formal adoption of the amendment by Council.
Pr,~'ed by: ~
ave Heyworth
Manager of Policy Planning
Recommended by:
Doug Darbyson
Director of Planning & Development
Jo~hn MaPeCtfully submitted:~
cDonald
Chief Administrative Officer
Approved by:
T. Ravenda
Executive Director of Corporate Services
DH:pb
Attach.
S:~PDR~2003XPD2003-80, AM23-03 WS Garner Rd.wpd
SCHEDULE 1
LOCATION MAP
Subject Land
Official Plan and Zoning By-law Amendment
Location: West Side of Garner Road
Applicant: Metro Development
AM-23/2003
URBAN & SCHEDULE lA
ENVIRONMENTAL
MANAI~EMENT INO. 47Ol S~,Clair
Mr. Dave Heyworth
Manager of Policy Planning
P.O. Box 1023
4310 Queen Street
Niagara Fails, ON
L2E 6X5
August 28, 2003
Project No. 02-U28
Dear Mr. Heyworth:
Re: Special Policies for Femwood
As per our past conversations and discussions, we propose the following two
policy statements to be included with the previously submitted Official Plan
Amendment for the above noted property, These two policy statements clarify
the discussion held at our recent meeting of agencies. I believe they address the
necessary issues and provide the general nature that is normally associated with
such policies.
Special Policies:
1. The lands shown as Environmental Protection Area (EPA) are to be used
for stormwater management, naturalized channels, sound attenuation
berms, walking trails and other parks purposes. The exact width and
exact purposes will be detailed and approved in a subsequent zoning by-
law amendment.
2. The main woodlot will be maintained as much as possible by future
subdivision designs and zoning.
If you have any questions, please contact me.
Yours truly,
MANAGEMENT INC,
~ ichari~'Brady, IV~.A., MCIP, RPP
'incipal. ~/
RECEIVED
2 B 2003
PLANNING
& DEVELOPMENT
Z',\UEM\ProJects\02-UOS~2OO3~August\lelter lo [3, Heywotth August 28
TOTRL P. 01
SCHEDULE 2
(~o u.~m)
LUNDYs
CONCEPT PLAN ONLY
~OUTH OF THE HIGHWAY
TOTAL
SCHEDULE3
CIRCULATION COMMENTS
AGENCIES:
Regional Planning & Development Department
The Region is not opposed to the amendments subject to:
A compatible mix of residential housing types, lot sizes and tenure shall be developed.
Development in the area north of the designated Highway 420 expansion corridor may be
restricted until the impact of this potential highway has been determined.
Residential development shall not be permitted within existing woodlots except in
accordance with the Regional Tree Conservation By-law and a Tree Preservation Plan
prepared by a qualified arborist.
Development shall proceed through a plan of subdivision which shall be subject to the
preparation and approval of an Environmental Impact Study, Tree Preservation Plan,
Stormwater Management Plan and Noise Study.
It is unlikely this area would develop for Aggregate purposes.
The Niagara Peninsula Conservation Authority (NPCA)
The NPCA is not opposed to the proposed amendments but requests the proposed stormwater
management facility be designated as Environmental Protection Area (EPA). The NPCA will
require detailed stormwater management plans and calculations at the subdivision approval
stage. The final detailed width of the channel will be determined upon approval of detailed
designs and can then be reflected in a corresponding zoning amendment.
CN Railway
CN Rail requests the following policies be included in the amendment.
"Any proposed development will be required to undertake noise and vibration studies, to
the satisfaction of the Municipality and CN, and shall undertake appropriate measures to
mitigate any adverse effects from noise and/or vibration that were identified."
"Development adjacent to railways shall ensure that appropriate safety measures such as
setbacks, berms and security fencing are provided, to the satisfaction of the Municipality
and CN."
Ministry of Transportation
The Ministry advises the section of the proposed future Highway 20 which traverses the property
is designated as a controlled access highway. The proposed future Highway 20 is 60 metres
wide. Therefore, any proposal will need to account for the 60-metre corridor strip. Any
structures must be set back a minimum of 14 metres from the right-of-way limit.
PUBLIC
Mr. Joseph Brugman, who lives west of Beechwood Road, supports the redesignation of the
lands.
The Brosens, who live on Garner Road, have no objections to the application claiming the lands
are marginal farm lands.
Schedule 3 - Page 2
Dr. John Bacher raises concerns over the application not clearly stipulating the amount and area
ofwoodlot to be protected as well as method of protection. He also indicates the lands are a
significant contributor to ground water recharge and to stream base flow. He requests that any
decision be deferred until the hydrogeological significance of the lands is determined and more
clarity for woodlot protection is provided.
Mr. Peter Grandoni indicates his main concern is the permanent protection of the entire woodlot.
He indicates the Niagara Falls Official Plan requires woodlot protection. Mr. Grandoni indicates
the woodlot is Carolinian forest and the property serves as a groundwater recharge area. Mr.
Grandoni outlines extensive ecological, aesthetic, recreational and wildlife habitat benefits
woodlots can provide.
CITY DIVISIONS
Fire Prevention:
indicates a secondary access for emergency vehicles shall be designed according to
regulations. There is concern over the numerous cul-de-sacs shown on the concept plan.
Parks, Recreation and Culture (PRC):
advised that because the property is isolated from other residential areas, a neighbourhood
park area for active use is recommended. PRC has advised that the required parkland
dedication could incorporate some of this woodlot, as well as the active neighbourhood
park. PRC has no objection to the stormwater management facility being used for passive
trail purposes, but recommends the neighbourhood park be located within the development.
The Municipal Works Division
has no objections to the application but provides comments concerning roadways and
municipal services which will need to be considered in future applications and which are
discussed in other sections of this report. These comments are as follows:
The application provides a concept plan showing one access into the subdivision and
an emergency access onto Lundy's Lane. Although this is not preferred, applications
with similar access conditions have been approved on a permanent basis;
- The number of cul-de-sacs shown in the concept plan is of a concern;
The design of the subdivision's road network will need to address the lands west of
the site not in the urban boundary;
A more detailed stormwater management study is required to determine the creek's
adequacy as an outlet for the subject lands and that there are no detrimental impacts
on the watercourse;
There is a watermain located on Garner Road which terminates south of the subject
lands. Given that these lands are situated at the extremities of the system, further
analysis will be required to ensure adequate service levels can be obtained to meet
the Ministry guidelines for water supply. With respect to sanitary sewers, it appears
the Garner Road pumping station located north of Lundy's Lane has sufficient design
capacity although a more detailed analysis will be completed at the time of system
design.
Other matters, such as sidewalks, lot grading development charges, street trees and
street lighting, will be discussed in detail at the time of subdivision application.
I-
Schedule 4
Subject Land
Official Plan and Zoning By-law Amendment
Location:
Applicant:
West Side of Garner Road
Metro Development
AM-23/2003
I :NTS
Comments re Official Plan Amendment and Zoning By-Law, City File AM-/23003
I am writing to request that City Cpuncil delay~gonsideration of the official plan and
zoning amendments being considered in relationship to City File AM.2300. Although the thrust of
the application to re-zone the bulk of the 100 acre parcel from industrial to a "majority"
residential has some merit in principle, there is currently too much ambiguity in indicating exactly
what wooded areas are to be protected in the future for this proposal to be protected at this time
It appears that only 17 acres of the 100 acre parcel is currdntly woodlot. This means that
even with the provision of a substantial buffer, to protect tree roots, ( a 15 meter drip line) the
substantial majority of the subject lands could be re-zoned for residential development without
impacting two very significant environmentally sensitive areas. To do this properly however, it
should be clear that all of these lands will be protected and buffered. This is certainly not
currently the situation based on what the developer has submitted. It is also 'unclear from the
information supplied by the applicant, exactly what areas of the two forests are to be protected.
It is unfortunate that the subject lands were not included in the North East Niagara Falls
Secondary Plan. There are clear principles in this plan to protect remaining forests before any of
these lands are developed. The careful planning of these lands to protect all of the remaining
forests needs to be done not only for its own sake but because of the important president for other
forested lands .in the large areas of industrial zoning in north east Niagara Falls.
As in much of north eastem Niagara Falls, the industrial zoning on the subject lands makes
them slow to develop, because of the lack ora market for such properties. In changing the zoning
to residential, it is important that the city use this very real leverage, to protect all of the wooded
areas. If the developer cannot agree to protect all the forested land in exchange for this very
considerable increase in the value of his property, (ie. making an unmarketable industrial property,
worth very much more as a residential one that can be subdivided and sold), an agreement should
be worked out that would involve the purchase of the additional property.
As it appears that in principle, the developer has agreed to protect most of the wooded
lands (this would mean at least seven acres), the amount of property which would appear needs to
be purchased would only be six acres. The city would not have to use city rdvenues for all of this
sum, but could develop a partnership with an appropriate charitable organization, such as the
Nature Conservancy of Canada. Such an arrangement could provide the developer with
considerable income tax relief. Also the developer may be induced to protect all of the wooded
areas, with a proper buffer, through higher densities.
Since negotiations to protect the wooded areas will be very complicated, all of this should
be spelled out clearly before the current industrial zoning is removed. At the very least we need to
know exactly what areas ofwoodlot the developer is not willing to protect. The current
preliminary plan of subdivision shows lot lines extending into the supposedly protected, and more
ecologically significant, northern woodlot.
It is not enough .just to, as the developer has suggested, prohibit swimming )~t~ E IV E D
AUG 2 8 2003
forest area crossed by property lines. These lands need to be fenced off, since restrictions on
private owners activities, (ie. swimming pools, decks, individual tree cutting and grass mowing)
are very diffichlt to actually enforce.
No documentation has been shown that clearly indicates what areas of the woodlot are to
be protected, and how the protection is to take place. Before approval of the rezoning, this should
be done and a requirement made that no cutting be made up to the tree drip line, ( a buffeting
requirement, usually of 15 meters). This buffer and the two forests should be protected by a chain
link fence from the area of the subdivision to be rezoned for residential development. These areas
should all be clearly marked off from the residential properties, so that ea~-th moving equipment
does not disturb the forest site or buffer.
In exchange for protecting the woodlot, the developer could be offered a number of
reasonable concessions. These could include relief from parking standards, or even permitting the
construction of a high rise apartment tower or condominium in the remaining approximately 80
acres of the 100 acre site which would not be impacted by tree protection. Such a compromise
should be possible to work out because the forested areas are both in the north, and not scattered
throughout the subject lands. It may be possible also to offer to award the developer higher
densities on other properties he may own in Niagara Falls, or as a last resort, pay for a portion of
the forest lands.
The City of Niagara Falls may fear that if it does not approve the rezoning immediately,
that the developer could go to the Ontario Municipal Board. If such confrontation tactics are
resorted to, the City should decide to launch a watershed plan for the Beaverdams headwaters
area. It should indicate to the OMB that no rezonings will be permitted until this plan is
completed. If such a sound ecological approach is taken, supported by considerable provincial
legislation, the developer would likely loose any attempted OMB appeal of the city's decision.
Significance of Wooded Area.
There are a number of facts from the developers' own submissions that clearly indicate
that the two wooded areas of worth preserving. Both are native Carolinian forests, with an intact
canopy, with a typical under-story community ofpredominately native, herbaceous plants.
It would take millions of dollars in cash, and millions more of man-hours of volunteer
effort over 50 years, to replicate the native Carolinian forests that now exist on the subject lands.
To achieve environment Canada's goal for 30 per cent forest cover, a doubling of forest cover is
needed. To achieve this goal all of our existing forests in the Niagara Region need to be
preserved.
Three significant tress species, Black Gum, Pin Oak and Catbrier have been found on the
subject lands. Of the 28 woody trees and shrubs found on the site, only two, Crack Willow, and
Sweet Cherry~ are exotic. The woodlots are free of highly invasive exotics such as Norway Maple
If these woodlots are left undisturbed, and prohibitions are made against planting invasive exotic
species such as Norway Maple in the future adjacent residential development ( a recommendation
not made by the developers consultant), their future as a Carolinian forest is reasonably secure.
· While much has been made of the presence of Dutch Elm disease, that this species has
survived in the wood lots to this time, appears to indicate that there must be relatively highly
diseases resistant individual white elms in these woodlots. These could be the subject of seed
collecting efforts to develop more disease resistant strains of this species, an effort which is being
undertaken by Guelph University's Arboretum.
From the consultants reports the majority of the herbaceous plant community, appears to
be typical of what would be expected to be found in a healthy Carolinian w6odlot. In particular,
Jack-in-the-pulpit, and Mayapple, are shade tolerant native species, which are found in the interior
of forests. To introduce such species into a restored forest would require a massive and highly
expensive restoration effort, which was not even undertaken in the City of Niagara Falls own
Baden Powell restoration project. ( with which I was deeply involved at the time as the Chair of
the sponsoring group, the Niagara River Restoration Council).
The inventory conducted by James Barnes, appears to indicate from the facts it presents (
if not from its conclusions) that part of this area, if properly evaluated, may be a provincially
significant wetland. Barnes indicated the presence of what may be called a healthy native swamp
forest in what he terms a wet area. Here are found the highly significant tree species of Black
Gum and Pin Oak. ( a nationally rare species) The presence of these rare trees, (apparently
unknown to any past wetland inventory in this area), would make this site subject not only to no
development, but to buffering requirements·
Bames also notes that even in the east end'df the woodlot, (the most impacted by past
development),'that a healthy, self-sustaining, native Carolinian forest community is found. He
notes that young growth is returning in this area and that it is moreover, native species such as
Swamp White Oak ( a species characteristic of significant wetland environments), together with
maples and ash.
Hydr[l~gical Significance
While the consultants hydrological investigations conclude that the site has not
hydrological significance, this was not the conclusion of the Shriners Creek Environmental Impact
Study, conducted by the respected consulting firm, Proctor and Redfern. The developers
consultants, d6 not discuss why there is such a difference in their conclusions. They should be
asked to re-examine their findings after reviewing this report, which did indicate that the subject
lands were ah ~ignificant contributor to ground water recharge and to stream base flow. This
disparity is another reason why no decision should be made until at least six months following the
public meeting scheduled under the Planning Act on September 8~h.
Sincerely,
(Dr) John Bacher (PhD)
The Regional Municipality of Niagara
3550 Schmon Parkway, P.O. Box 1042
ThoroId, Ontario L2V 4T7
Telephone: 905-984-3630
Fax: 905-641-5208
E-mail: plan@regional.niagara.on.ca
August27,2003
File: D.10.M.11.23
Mr. Doug Darbyson, MCIP, RPP
Director of Planning and Development
City of Niagara Falls
4310 Queen Street
Niagara Falls, ON L2E 6X5
Dear Mr. Darbyson:
RECEIVED
AUG 2 8 2003
PLANNIN~
& DEVELOPMENT
Re:
Official Plan and Zoning By-law Amendment Applications
North Side of Lundy's Lane, west side of Garner Road
Metro Developments
City of Niagara Falls
City File: AM-23/2003
These applications propose to amend the City's Official Plan and Zoning By-law to
facilitate the development of approximately 100.7 acres of land for a variety of
residential uses. The site is currently designated Industrial and identified as Special
Policy Area 9 in the Official Plan. The related policies indicate that future development
will not be known until appropriate studies are prepared. Several reports have now
been submitted to support the proposed redesignation of a majority of the property to
Residential and a strip along an existing railway line to an Environmental Protection
Area to accommodate the relocation of a tributary of Beaverdams Creek and parkland.
A "Concept Plan" has also been provided that illustrates how these lands may be
developed under a future plan of subdivision.
The property is somewhat isolated as it is situated on the edge of the urban boundary
with agricultural lands on most of the periphery and a railway along the south side. A
golf driving range is to the southwest while an industrial operation (Redpath Inc.) and
two campgrounds are situated south of the railway line. The closest residential area is
the Garner neighbourhood which is currently being developed approximately 350
metres (1,100 feet) southwest of the site. The secluded location of the site could
provide a unique opportunity for a small residential neighbourhood provided that it is
carefully planned with consideration given to the adequacy of municipal and community
services, compatibility with adjacent uses, the protection of existing natural features and
the efficient use of these lands. The following Regional and Provincial planning
comments are provided for your consideration.
Reqional Planninq Review
These lands are situated within the Niagara Falls Urban Area Boundary in the Regional
Policy Plan. According to the Regional Industrial Land Atlas, the City of Niagara Falls
has over 1,000 hectares of urban industrial land. The conversion of the subject lands to
residential should, therefore, not adversely affect the long-term supply of industrial land
for the City or the broader Regional area.
The submitted Concept Plan illustrates the provision of a variety of residential uses for
single detached, semi-detached, townhouse and apartment dwellings. Blocks are
provided for an existing woodlot and a park that will accommodate a linear stormwater
management facility through the relocation of an existing watercourse. A corridor
crossing the property, although not described on the plan, has been allocated for the
future Highway 420 extension. The read pattern and arrangement of various lots and
blocks for residential uses will not be given formal consideration until a plan of
subdivision and site specific zoning by-law is submitted. However, there are certain
land use and design principles that should be generally determined at this time.
From a Regional perspective, the overall residential density should encourage the
efficient use of these urban lands with medium density housing accommodated in the
development. The precise location of blocks for higher residential densities and
associated design criteria can be determined when further applications are made to
subdivide and rezone these lands for specific uses. However, it would be desirable to
have residential policies in the Official Plan amendment that require the provision of a
compatible mixture of residential housing types, lot sizes and tenure with possibly a
minimum overall residential density. This would secure a commitment to develop
housing that can meet various residential needs and create a diverse community
environment.
A corridor traversing the northwest corner of the site has been designated by the
Ministry of Transportation for the future Highway 420 extension. Detailed comments
and requirements should be obtained directly from the Ministry of Transportation to
determine development implications. Although the Concept Plan shows a road crossing
over the future highway, this would not seem reasonable given the costs to serve a
small pocket of urban land. Any suggestion that a road could be extended to the west
beyond the urban boundary would not be supported. This would necessitate an
amendment.to the Regional Policy Plan requiring substantial information to evaluate
needs, impacts and benefits. If there is a commitment by the Ministry to retain the
future highway corridor across this property, development in the triangular area to the
north would essentially be sterilized. Consideration should, therefore, be given to how
and when these lands can be developed.
The northeasterly portion of these lands contains two woodlots that are subject to the
Region's Tree Conservation By-law, An Environmental Impact Study was prepared by
3
L. Campbell & Associates which addresses potential natural heritage' resources. A
Woodlot Study was also completed by Barnes Agriforestry which provides a general
evaluation of these wooded areas to determine the area(s) that should be preserved. A
more detailed Tree Preservation Plan will be necessary as a condition of subdivision
approval to provide specific details on the protection of woodlot. This should be
referenced in the policies of the Official Plan amendment. The northerly woodlot, has
been identified as the most important section and contains some important tree species.
The designation of these lands as an Environmental Protection Area would be preferred
to preclude residential development. Alternatively, if the City chooses to deal with this
through a written policy it should be clear that this woodlot is to be preserved and that
residential development is restricted. Public ownership of these lands would also be
beneficial to ensure optimum protection.
The City should be satisfied that adequate lands are dedicated for parkland
development to meet recreational needs for this neighbourhood. Linking park facilities
to a natural area may be desirable provided that natural features are not adversely
affected.
Municipal services are required to be provided for urban development. Further, Lundy's
Lane (Regional Road 20) is under the Region's jurisdiction. Comments from Regional
Public Works are being finalized with respect to servicing, traffic and roads and will be
forwarded separately when they are available.
Provincial Planninq Review
Ministry of Natural Resources
i) Fish Habitat
Two tributaries of Beaverdams Creek dissect these lands that are currently
designated as Environmental Protection Areas in the City's Official Plan and
classified as Important (Type 2) Fish Habitat by the Ministry of Natural Resources.
An Environmental Impact Study and an Evaluation of Environmental Protection
Areas was prepared by L. Campbell & Associates which indicates that these
drainage courses are of poor environmental quality. The Niagara Peninsula
Conservation Authority has advised that the northerly tributary will not require
protection and that the relocation of the southerly watercourse to the south end of
the property is possible. This will function as a linear stormwater management
facility with a minimum 15 metre vegetated buffer provided on each side. A
pedestrian trail is intended to be built in this area together with a safety berm and
noise attenuation barrier adjacent to the railway line. This multi-purpose block will
be designated as an Environmental Protection Area. The precise width of the
block should be determined when more design details are provided on the
stormwater management facility and safety berm/noise barrier as part of the future
subdivision and zoning applications required for the development. This could be
acknowledged in the amending Official Plan policies together with a requirement
for an Environmental Impact Study to be submitted for approval and eventually
implemented through a subdivision agreement.
4
ii) Woodlands
The two woodlots toward the northeast section of the property cover nearly 7
hectares (17 acres). As previously indicated, a Woodlot Study and Environmental
Impact Study were submitted to assess these wooded areas. The submission of a
Tree Preservation Plan should be identified in the Official Plan amendment for the
protection of woodlands for any development proposed within or adjacent to these
areas.
iii) ARRre.qate Resoumes
These lands are within a potential mineral aggregate area. The most recent
mapping available (1985) for these resoumes only identifies areas outside of the
urban area. The Ministry of Natural Resources requires that this potential
aggregate resoume be protected for long term use to supply mineral aggregate
needs as close to markets as possible, in accordance with the Provincial Policy
Statement, development within or near known deposits is only permitted if:
· resource use would not be feasible; or
· the proposed land uses or development serves a greater long term public
interest; and
· issues of public health, public safety and environmental impact are addressed.
The proponents have submitted a planning report that reviews this potential
aggregate resource area in conjunction with Provincial policies and guidelines.
Regional Planning staff concur with the findings of this review which indicate that
resource extraction is unlikely to occur in this area given land use constraints that
include the proximity of this site to sensitive uses such as urban residential
development planned in the Garner neighbourhood and at Blackhorse Corners in
the adjacent City of Thorold located to the west. Further, an expansion to the
existing Walker Brothers Quarry to the north is currently underway which, along
with other established extraction operations that may be expanded in Niagara, will
help to meet Regional needs. After previous discussions with the Ministry of
Natural Resources, Regional Planning staff accepts that the development of these
lands for residential purposes could proceed in compliance with the requirements
of Provincial policies without any further aggregate resource investigation.
Ministry of Environment
i) Land Use Compatibility
The site borders a railway line and an industrial facility (Redpath Inc.) is situated
immediately to the south. A detailed noise study is required to assess noise levels
from the railway and potential stationary noise from the Redpath operation
together with recommendations for appropriate mitigation measures. Predicted
noise levels from the future Highway 420 extension should also be considered in
the noise analysis if this corridor is necessary. The Ministry of Environment's
guidelines (D-6) on "Separation Distances Between Industrial Facilities and
Sensitive Land Uses" provides compatibility criteria for new residential
5
development. The environmental protection block along the soath side of the
development is intended to include noise attenuation features and will provide
some separation from sensitive residential uses. As indicated previously, the width
of this block can be determined at the subdivision stage when design details are
determined.
ii) Stormwater Manaqement
The relocation of the southerly watercourse is intended to function as a stormwater
management facility that will outlet to Beaverdams Creek. A detailed Stormwater
Management Plan will be necessary and should be identified in the policies of the
Official Plan amendment.
Ministry of Culture
The site displays a Iow potential for the discovery of amhaeological resoumes
given its location, topography and previous disturbances. In this regard an
amhaeological assessment is not considered necessary.
Conclusion
Regional Planning staff would not be opposed to the approval of the amendments to the
City's Official Plan and Zoning By-law subject to the following requirements to meet
Regional and Provincial interests:
A compatible mixture of residential housing types, lot sizes and tenure shall be
developed.
· Development in the area north of the designated Highway 420 expansion
corridor may be restricted until the impact of this potential highway has been
determined.
· Residential development shall not be permitted within existing woodlots except
in accordance with the Regional Tree Conservation By-law and a Tree
Preservation Plan prepared by a qualified arborist.
· Development shall proceed through a plan of subdivision which shall be subject
to the preparation and approval of an Environmental Impact Study, Tree
Preservation Plan, Stormwater Management Plan and Noise Study
Comments from the Regional Public Works Department should also be regarded and
will be forwarded when they are finalized. Once the Official Plan amendment is adopted
by City Council, it must be forwarded to the Regional Planning and Development
Department for approval by Regional Council. The applicant, by copy of this letter, is
advised that the Regional review and processing fee for this purpose is $1,300.00 which
should be forwarded as soon as possible.
Please provide notice of City Council's decision on these applications when available.
Yours truly,
Director of Planning Services
C:
Rick Brady, Urban & Environmental Management Inc,
lan Thornton, Ministry of Natural Resources
Paul Bond, Niagara Peninsula Conservation Authority
Barb Ryter, Ministry of Environment
Bill Stevens, Regional Public Works
Councillor Bill Smeaton
M:\MSWORD\PC~NFzbla~undy'sLn & GamerRd Metro.doc
~/Y
~T-
RECEIVED
AUG 2 0 2003
PLANNING
DEVELO _P,M E_N_.T_._
~CT
STUDY
'" THE NIAGARA PENINSLIA
CONSERVATION AUTHORITY
THE CORPORATION OF THE
CITY OF NIAGARA FALLS
6, ESCARPM£NT ..............
BEDROCK CONTOURS
74442- G7
Railway Properties
GeoffWoods
It.mall: geoff,w~d~(~Cll,Ca
VIA FAX: 905-356-9083 (2 pages total)
25 August 2003 Your File:
Our File:
Mr. Doug Darbyson, Director of Planning & Development
City of Niagara Falls
4310 Queen Street
Niagara Falls ON L2E 6X5
Pmprl&t&s fJrrovlalma
Dear Mr. Darbyson:
Proposed Official Plan end Zoning By-Law Amendment
West side of Garner Road, north side of Lundy's Lane, east of Beechwood
Road, north of CN - METRO DEVELOPMENTS
We have reviewed your letter received 11 August 2003, regarding the above noted
applications.
Residential development adjacent to the railway right-of-way is not appropriate without
impact mitigation measures to reducethe incompatibility. The proposed residential use would
be expected to comply with the attached Principal Main Line Requirements.
We request that the following policies be included in the Official Plan Amendment:
'Any proposed development will be required to undertake noise and vibration studies, to
the satisfaction of the Municipality and CN, and shall undertake appropriate measures to
mitigate any adverse effects from noise and/or vi bration that were identified."
"Development adjacent to railways shall ensure that appropriate safety measures such as
setbacks, berms and security fencing are provided, to the satisfaction of the Municipality
and CN."
We specifically request that the City include the setback and safety berm requirement in the
Zoning By-law Amendment.
We request notice of Council's decision.
Should you have any further questions, please do not hesitate to contact the undersigned at
(416) 217-6961.
Yours truly,
Geoff Woods, B.E.S.
Development Review Coordinator
RECEIVED-
AUG 2 6 2083
PLANNING
& DEVELOPMENT
PRINCIPAL MAIN LINE REQUIREMENTS
A. Safety setback of dwellings from the railway rights-of-way to be a mlnlmurn of 30
metres In conjunction with a safety berm. The safety berm shall be adjoining and
parallel to the railway rights-of-way with returns at the ends, 2.$ metres above grade
et the property line, with side elopes not steeper then 2.$ to 1.
The Owner shell engage a consultant to undertake an analysis of noise. At a
minimum, a noise attenuation barrier shall be adjoining and parallel to the railway
rights-of-way, having returns at the ends, end · minimum total height of $.G metres
above top-of-rail. Acoustic fence to be constructed without openings and of a
durable material weighing net less than 20 kg. per squire matte of Surface area.
Subject to the review of the noise report, the Railway may consider other measures
recommended by an approved Noise Consultant.
C. Ground.borne vibration transmission to be evaluated In a report through alta testing
to determine If dwellings within 75 metres of the railway rights-of-way will be
Impacted by vibration conditions In excess of 0.14 mm/eec RMS between 4 Hz and
200 Hz. The monitoring system should be capable of measuring frequenclas
between 4 Hz end 200 Hz, ~:3 dB with an RMS averaging time constant of i second.
If In excess, Isolation meeauree will be required to ensure living areas do not
exceed 0.'14 mm/ese RM$ on and above the first floor of the dwelling.
D. The Owner shall install and maintain a chain link fence of minimum 1.83 metre
height s{ong the mutual property line,
E. The following clause should be Inserted In all development agreements, offers to
purchase, and agreements of Purehese and Sale or Lease of aseh dwelling unit
within 300m of the railway right-of-way: 'qNsrnlng: Canadian National Railway
Company or It8 assigns or eucceeeore In Interest has or have s rights-of-way within
300 metres from the land the subject hereof. There may be alterations to or
expansions of the railway facilities on such rights-of-way In the future Including the
poeelblllty that the railway or Ks assigns or successors ss aforesaid may expand its
operations, which expansion may affect the living environment of the residents in
the vicinity, notwlthatandlng the Inclusion of any noise and vibration attsnuatlng
meeeures In the design of the development and Individual dwelling(a), CNR will not
be responsible for any complaints or claims arising from use of such facilities
end/or operations on, over or under the sforeeeld rights-of-way,"
F:. Any proposed alterations to the existing drainage pattern affecting railway property
must receive prior concurrence from the Railway and be substantiated by a
drainage report to the satisfaction of the Railway,
G. The Owner shall through restrictive covenants to be reglstsred on title end ell
agreements of purchase and sale or lease provide notice to the public that the
safety berm, fencing and vibration isolation measures implemented ate not to be
tampered with or altered and further that the Owner shell have sole responsibility
for and shall malntsln these measures to the satisfaction of CN.
H. The Owner enter Into an Agreement atlpulatlng hew CN'$ concerns will be resolved
end will pay CN's reasonable costs In preparing end negotiating the agreement.
I. The Owner may be required to grant CN an environmental easement for oporetlonsl
noise and vibration emissions, registered against the subject property In favour of
CN.
March 2002
09/05/2003 li:~5 416-295-4267 CORRIDOR HANAGEHENT PAG£ 0i/0i
Ministry of Minlst~m des
Transpol~atlon Transports
Ontario
Pbo]~e:
Fax:
(416) 235-4387
(416) 235-4267
Angelo,Vcndra(~mto,gov,on,ca
Central Region Operations
Corridor Management Office
7"' Floor, Bldg, D
1201 Wilson Avenue
Toronto, Ontario
M3M 1J8
Commi~ee if Adjustments
The City of Niagara Falls Canada
City Hall, 4310 Queen. Street
Niagara Falls, Ontaho L2E 6X5
Attention: Doug Darbyson
Dear Sir:
RE: Public Meeting notice
Septemb~ 5, 2003
File No: AM-23/2003
Official Plan and Zoning By-law Amendment Application
Lundy's Lane between Beachwood Road and Garner Road
Further to your circulation dated August 8t~, 2003, and subsequent to Ministry e-mail sent on
Thursday August 28, 2003 to Doug Darbyson, thc rnirfistry has reviewed the above noted
application and we have no objection, in principle to the preposed Official Plan and Zoning By-
law Amendment application,
In general, we will require any n~.w buildings above and below ground be setback a minimum
distance of 14m fi'om our highway property line. The applicant should be made aware that
raJ.nistry permits are required for all structures above and below ground, located within 46m from
our highway property line, and witl~in a radius of 395m from the centre point of a ministry
intersection.
Subsequent requests may require thc applicant to submit a site plan., a survey plan, a site
servicing and grading plan, a storm water man.a~gemeut report, and a traffic study. Permits must
be obtained from our office located on the 7 Floor, Atrium Tower, 1201 Wilson Avenue,
Toronto, Ontario M3M 1J8. The Permit Officer contact for this area is Marie Panza, 416-235-
4448
Trm~sportation Technician
Corridor Mmlagement Office
LNIAGARA PENINSULA
CONSERVATION
AI..U T H O R I T Y
September 4, 2003
File MPR 4.18.25
Mr. Dave Heyworth
Planning and Development Dept.
Cit7 of Niagara Falls
City Hall
4310 Queen Street
Niagara Falls, ON L2E 6X5
Dear Mr, Heyworth:
Subject: Application for Official Plan Amendment
West Side of Garner Road (Femwood)
Your File AM-2312003
have reviewed the "special policies" provided by Rick Brady (Aug, 28/03) and offer the following comments,
The wording of policy 1 is acceptable to the NPCA. The Region of Niagara will be providing comment on special
policy 2, pertaining to woodlots.
Respecting the "Hydrological Significance" comments contained in Mr. John Bacher's letter (un-dated, faxed to our
office on August 29~03), the following information is offered.
The Shriner's Creek ElS, referenced in Mr. Bacher's letter, was prepared by Proctor and Redfem, in association with
Gartner-Lee and Dr. D. Anthony, in 1975. Drawing 7~.~?.2-G1 in Volume 2 of the report shows the study area
boundary. The subject property lies outside of the study boundiary, to the south. Drawing 74442-G6 "Surface Soils
and Geology" identifies the west portion of the study area (generally west of Montrose Road) and south beyond the
study boundary (including the subject lands) as Haldimand Clay, characterized as having imperfect/poor drainage.
The report summarizes the lacustrine days as having "...a Iow perrneabilliy...that results in very slow internal
drainage and fairty high run-OffcharaCteristics". The groundwater recharge areas are located in the permeable soils
along the QEW basin, not in the area generally west of Montrose Road (Haldimand Clay). The subject property is not
in a groundwater recharge area. Excerpts of the mapping noted above (from the P&P, Report are appended hereto).
I trust the above will clarify the matters which you have identified in your August 29/03 fax letter.
Watershed Planner (ext. 234)
PEB
cc: Regional Niagara Planning and Development Dept.
(fax @ 90~-641-5208)
RECEIVED
SEP 2003
PLANNING
& D E y~E.~.P.M E N_~E_'
SANDS
SURFACE SOILS 8~
GEOL0 GY
Proca)r & Redfem Limi'
GARTNER LEE DSSOCtATES LTD.
DATE; SCALE:
744-42_- G
43
5O
66
!.
64
7O
2. BOUNDARY OF TRIBUTARy
AREA UPSTREAM OF
TOWNLINE ROAD ......... J~ .
:L PROPOSED URBAN
PLANNING
~_L o_P_~ E_N T_T.J
THE STUDY AREA
Proct6r & Redfem Limited
tNFORMATION DEVELOPED BY:
PROCTOR El RE. DRERN LTD. AMD
CITY OF NIAGARA FALLS.
74442-GI
~yw-~r~- AM-23/2003 ~
From:
To:
Date:
Subject:
'lyeung, Richard (MTO)" <Richard.Yeung@mto.gov.on.ca>
'"dheyworth@city.niagarafalls.on.ca"' <dheyworth@city.niagarafalls.on.ca>
8/29/03 2:15PM
AM-23/2003
Dave,
Further to our telephone conversation of today, I would like to offer the
following ministry comments:
The section of Hwy 20 is designated as a controlled access highway (CAH).
The r.o.w, for the proposed future Hwy 20 is 60m wide. Therefore any
proposal will need to account for the 60m strip. In addition, any proposed
structures, above and below ground must be set back a distance of 14 m from
the ministry r.o.w, limit. This will include buildings, road, utilities,
stormwater detention ponds, parking etc.
If you have any queries or require further clarifications, please call
Angelo Vendre at 416 235-4387 or myself at 416 235-4351.
Richard
CC:
"Vendra, Angelo (MTO)" <Angelo. Vendra@mto.gov.on.ca>
RECEIVED
PLANNING
& DEVELOPMENT
Community Services Department
Parks, Recreation & Culture
Inter-Department Memorandum
Niagara Falls
TO:
Dave Hey~vorth
Manager of Policy Planning
DATE: August 27, 2003
FROM:
Adele Kon
Director of Parks, Recreation & Culture
Ext. 4507
RE:
AM-23/2003, Official Plan Amendment
West side of Garner Road, north of Lundy's Lane
Parks, Recreation & Culture has received the Notice of Public Meeting describing the application
to redesignate 100 acres of land on the west side of Garner Road from Industrial to Residential
and Environmental Protection Area. We provided comments to you previously noting concerns
with the lack of open space that would function as a neighbourhood park for the future occupants
of the subdivision. The subject property is isolated from other residential areas in the Westlane
Community and we recommend that an area be recognized that would function as a neighbour
park. Such a park would include such items as a creative playground and half court basketball
stmcture.
The development proposal includes a buffer strip along an active rail line to the south which will
contain a pathway system. This area will also function as part of an overall drainage system and
be designated as an Environmental Protection Area. We have no objection to the pathway system
being located within the Environmental Protection Area. However, we would recommend that
the neighbourhood park be located outside of this area and be more centrally located within the
development.
The proponent has recognized that there is a important woodlot in the north-east section of the
development that should be protected. We had suggested in our previous comments that the
required parkland dedication could incorporate some of this woodlot, as well as, the active
neighbourhood park. We still believe that this concept has merit and should be explored.
We hope that these comments provide some further clarification and should you have any
questions, please do not hesitate to contact myself or Bob Bolibruck of our office.
BB:
SSDevelopment Applications (Bob)XZoning By-lawsWiemos~2003~dVl-23-2003-2.wpd
Working Together to Serve Our Community
Municipal Works · Fire Services · Parks, Recreation & Culture · Business Development · Building &
By-Law Services
RECEIVED]
-F PLANNING J
[~ D...~EVELOP~E~,~NT t
~ c~,.of ~f~,, pUBLIC.~m~TING NOT~Cn
P~U~ TO ~ PRO~O~S OP ~ P~G A~
to ~d ~e Offi~ - - ~ ~': ~ -' ~ me~ ~ ~
~e ~ of ~a F~ ~or ~o~ ~. _. , . P~ ..
INTER-DEPARTMENT MEMORANDUM
To: John Bamsley
Planner 2
Date: July 16, 2003
From:
John T. Laur
Director of Fire Prevention
Ext. 4207
Subject:
AM-23/2003, Official Plan Amendment
Lands of the west side of Garner Road
Redesignation from Industrial to Residential
The following comments are offered following review of the above submitted zoning by-law
amendment application.
The secondary means of access for emergency vehicles shall be designed as a fire Access
route as per: 3.2.5.6. O.B.C. "Access Route Design".
The proposed Subdivision Plan involves numerous "cul-de-sac" situations. The Fire
Department has concern with respect to this type of street configuration. Proper curb to
curb radii are required to facilitate free movement of emergency vehicles and personnel.
Please contact John Laur Director of Fire Prevention in regard to this matter should
clarification be required.
Any further Fire Safety concems can be addressed through the normal Site Plan review
and Building Permit processes.
If you have any questions regarding the above, or any other fire safety related matters, please do
not hesitate to contact our office.
John T. Laur
Director of Fire Prevention
:JL
Community Services Department
Municipal Works
Inter-Departmental Memorandum
To: Dave Heyworth Date: August 21, 2003
Manager of Policy Planning
From:
Rick Volpini, C.E.T.
Development Technologist
Ext. 4221
The C /of
Subject:
AM-23/2003 - Official Plan Amendment
Lands West Side of Garner Road
Re-designation from Industrial to Residential and EPA
Please be advised that the Municipal Works department has provided comments regarding this
application, dated July 4, 2003, attached. These comments continue to apply to date with no further
comments and/or conditions being necessary.
As indicated in the previous comments, the Municipal Works department reserves the tight to
provide further comment at the time of Subdivision Application which is typically when a more
detailed analysis of the servicing issues are examined.
Should you have any questions regarding the above, please contact the undersigned.
RV:lb
Ri.ckVolpini, C~
iRECEIVED1
Wor~i}~ To~et~er to Serve Oar Comma,itg I
Community Services Department
Municipal Works
Inter-Departmental Memorandum
To: John Barnsley
Planner 2
From:
Subject:
Date: Jury 4, 2003
Rick Volpini, C.E.T.
Development Technologist
Ext. 4221
AM-23/2003 - West Side of Garner Road
Redesignation from Industrial to Residential
cI ,
Niagara Falls
I-
Further to your request for comments on the above referenced application, please be advised
that the following comments are forwarded after reviewing the conceptual design for this
development which explores the servicing issues on a broad basis to identify the viability of the
development proposal.
Roadways:
The conceptual plan proposes an adedal read leading into the development from Garner Road
which branches off into local roads and cul-de-sacs. This meets the City's requirements in
providing a road hierarchy in new subdivisions that assists traffic flow. This arterial road
terminates at the west limit anticipating a future extension into lands currently outside the city's
urban boundary. This extension may be some time into the future and consideration should be
given to the provision of a temporary turning circle to service the local needs in the intedm. The
proposed road pattern includes numerous cul-de-sacs. City Council has taken the position in
the past that cul-de-sacs should be kept to a minimum and only proposed when necessary.
The lands are traversed by an MTO corddor that may not be utilized by the province in the
future. The plan should allow for future potential road connections on either side of this
corridor, should the opportunity become available. The development proposal includes one
access into the subdivision with a road extension westerly in the future, which would provide an
additional access at that time. In the intedm, an emergency access to Lundy's Lane is being
proposed. Although it may not be preferred, recent applications with similar access conditions
have been approved on a permanent basis. Garner Road is a municipal right-of-way and a
more detailed review will be completed at the time of subdivision application to determine
whether a road widening is required for dedication.
Water Distribution System:
Currently, there is a 200 mm (8 in) diameter main located on Garner Road nodh of Lundy's
Lane which terminates south of the subject land. As prefaced in the study, there were concerns
regarding servicing adequacy for industrial purposes, but not for residential purposes. Given
that these lands are situated at the extremities of the system, further analysis shall be
conducted to ensure adequate service levels can be obtained to meet the Ministry guidelines
for water supply.
Wor/~i~O Too¢t~er to Seroc OI~r C~mm.~it~
-2-
Sanitary System:
The subject lands are tributary to the Garner Road pumping station located north of Lundy's
Lane. It appears that there is design capacity in this pumping station for'this development. A
more detailed analysis will be completed at the time of system design to confirm the status of
this as an outlet for the subject lands.
Storm System:
As indicated in the preliminary stormwater management report, the stormwater from these
lands are tributary to Beaverdams Creek. A detailed stormwater management report shall be
prepared by the developer's consultant and submitted for Ministry approval to ensure the
creek's adequacy as an outlet for the subject lands and that there are no detrimental effects on
the natural watercourse as a result of this development. A design of the stormwater
conveyance system will be completed and reviewed for compliance to Ministry guidelines.
Additional Items:
Other items such a sidewalks, lot grading, development charges, street trees and streetlighting
will be discussed in detail at the time of subdivision application.
Summary:
The above comments have been provided for the purpose of responding to an official plan
amendment application which includes a conceptual plan. As such, the comments have been
provided on a broad basis in an effort to provide any major concerns regarding the future
servicing of the subject lands. Although it appears, on a conceptual basis that these lands can
be serviced, the Municipal Works Department reserves the right to provide further comment at
the time of subdivision application which is typically when a more detailed analysis of the
servicing issues are examined.
Therefore, the Municipal Works Department has no objection to the approval of this application
and it's precessing in the usual manner subject to the above comments.
Should you have any questions regarding the above, please contact the undersigned.
Rick Volpini, O
RV/hc
PLANNING AND DEVELOPMENT DEPARTMENT
The Regional Municipality of Niagara
3§50 Schmon Parkway, p.o, Box 1042 I-Jll~ ,~.r~ I
Thorold, onlado L2V 4T7 I F,e:~I
Telephone.' 90S-984-3630
Fax: 905-641-5208
E-mail: plan@regional.niagara.on.ca
August27,2003
File: D.10.M.11.23
Mr. Doug Darbyson, MCIP, RPP
Director of Planning and Development
City of Niagara Fails
4310 Queen Street
Niagara Falls, ON L2E 6X5
Pest-it' Fax Note
Dear Mr. Darbyson:
Re.'
Official Plan and Zoning By-law Amendment Applications
North Side of Lundy's Lane, west side of Garner Road
Metro DevelOpments
City of Niagara Falls
City File: AM-23/2003
RECEIVED
AU$ 2 ? Z003
PLANNING
DEVELOPMENT
These applications propose to amend the City's Official Plan and Zoning By-law to
facilitate the development of approximately 100.7 acres of land for a variety of
residential uses. The site is currently designated Industrial and identified as Special
Policy Area 9 in the Official Plan. The related policies indicate that future development
will not be known until appropriate studies are prepared. Several reports have now
been submitted to support the proposed redesignation of a majority of the property to
Residential and a strip along an existing railway line to an Environmental Protection
Area to accommodate the relocation of a tributary of Beaverdams Creek and parkland.
A "Concept Plan" has also been provided that illustrates how these lands may be
developed under a future plan of subdivision.
The property is somewhat isolated as it is situated on the edge of the urban boundary
with agricultural lands on most of the periphery and a railway along the south side. A
golf driving range is to the southwest while an industrial operation (Redpath Inc.) and
two campgrounds are situated south of the railway line. The closest residential area is
the Garner neighbourhood which is currently being developed approximately 350
metres (1,100 feet) southwest of the site. The secluded location of the site could
provide a unique opportunity for a small residential neighbourhood provided that it is
carefully planned with consideration given to the adequacy of municipal and community
services, compatibility with adjacent uses, the protection of existing natural features and
the efficient use of these lands. The following Regional and Provincial planning
comments are provided for your consideration.
2
R~e~ional Planninq Review
These lands are situated within the Niagara Fails Urban Area Boundary in the Regional
Policy Plan. According to the Regional Industrial Land Atlas, the City of Niagara Falls
has over 1,000 hectares of urban industrial land. The conversion of the subject lands to
residential should, therefore, not adversely affect the long-term supply of industrial land
for the City or the broader Regional area.
The submitted Concept Plan illustrates the provision of a variety of residential uses for
single detached, semi-detached, townhouse and apartment dwellings. Blocks are
provided for an existing woodlot and a park that will accommodate a linear stormwater
management facility through the relocation of an existing watercourse. A corridor
crossing the property, although not described on the plan, has been allocated for the
future Highway 420 extension, The road pattern and arrangement of various lots and
blocks for residential uses will not be given formal consideration until a plan of
subdivision and site specific zoning by-law is subm~ed. However, there are certain
land use and design principles that should be generally determined at this time.
From a Regional perspective, the overall residential density should encourage the
efficient use of these urban lands with medium density housing accommodated in the
development. The precise location of blocks for higher residential densities and
associated design criteria can be determined when further applications are made to
subdivide and rezone these lands for specific uses. However, it would be desirable to
have residential policies in the Official Plan amendment that require the provision of a
compatible mixture of residential housing types, lot sizes and tenure with possibly a
minimum overall residential density. This would secure a commitment to develop
housing that can meet various residential needs and create a diverse community
environment.
A corridor traversing the northwest comer of the site has been designated by the
Ministry of Transportation for the future Highway 420 extension. Detailed comments
and requirements should be obtained directly from the Ministry of Transportation to
determine development implications. Although the Concept Plan shows a road crossing
over the future highway, this would not seem reasonable given the costs to serve a
small pocket of urban land. Any suggestion that a road could be extended to the west
beyond the urban boundary would not be supported. This would necessitate an
amendment to the Regional Policy Plan requiring substantial information to evaluate
needs, impacts and benefits. If there is a commitment by the Ministry to retain the
future highway corridor across this property, development in the triangular area to the
north would essentially be sterilized. Consideration should, therefore, be given to how
and when these lands can be developed.
The northeasterly portion of these lands contains two woodlots that are subject to the
Region's Tree Conservation By-Paw. An Environmental Impact Study was prepared by
3
L, Campbell & Associates which addresses potential natural hedtage resources. A
Woedlot Study was also completed by Barnes Agrfforestry which provides a general
evaluation of these wooded areas to determine the area(s) that should be preserved, A
more detailed Tree Preservation Plan will be necessary as a condition of subdivision
approval to provide specific details on the protection of woodlot. This should be
referenced in the policies of the Official Plan amendment. The northerly woodlot, has
been identified as the most important section and contains some important tree species.
The designation of these lands as an Environmental Protection Area would be preferred
to preclude residential development, Alternatively, if the City chooses to deal with this
through a written policy it should be clear that this woodlot Is to be preserved and that
residential development is restricted, Public ownership of these lands would also be
beneficial to ensure optimum protection.
The City should be satisfied that adequate lands are dedicated for parkland
development to meet recreational needs for this neighbourhood. Linking park facilities
to a natural area may be desirable provided that natural features are not adversely
affected.
Municipal services are required to be provided for urban development. Further, Lundy's
Lane (Regional Road 20) is under the Region's jurisdiction. Comments from Regional
Public Works are being finalized with respect to servicing, traffic and roads and will be
forwarded separately when they are available.
Provincial Planninq Review
Ministry of Natural Resources
i) Fish Habitat
Two tributaries of Beaverdams Creek dissect these lands that are currently
designated as Environmental Protection Areas in the City's Official Plan and
classified as Important (Type 2) Fish Habitat by the Ministry of Natural Resources.
An Environmental Impact Study and an Evaluation of Environmental Protection
Areas was prepared by L. Campbell & Associates which indicates that these
drainage courses are of poor environmental quality. The Niagara Peninsula
Conservation Authority has advised that the northerly tributary will not require
protection and that the relocation of the southerly watercourse to the south end of
the property is possible. This will function as a linear stormwater management
facility with a minimum 15 metre vegetated buffer provided on each side. A
pedestrian trail is intended to be built in this area together with a safety berm and
noise attenuation barrier adjacent to the railway line. This multi-purpose block will
be designated as an Environmental Protection Area. The precise width of the
block should be determined when more design details are provided on the
stormwater management facility and safety berm/noise harder as part of the future
subdivision and zoning applications required for the development. This could be
acknowledged in the amending Official Plan policies together with a requirement
for an Environmental Impact Study to be submitted for approval and eventually
implemented through a subdivision agreement.
4
ii) Woodlands
The two woodlots toward the northeast section of the property cover nearly 7
hectares (17 acres). As previously indicated, a Woodlot Study and Environmental
impact Study were submitted to assess these wooded areas. The submission of a
Tree Preservation Plan should be identified in the Official Plan amendment for the
protection of woodlands for any development proposed within or adjacent to these
areas.
iii) re--sources
These lands are within a potential mineral aggregate area. The most recent
mapping available (1985) for these resources only identifies areas outside of the
urban area. The Ministry of Natural Resources requires that this potential
aggregate resource be protected for long term use to supply mineral aggregate
needs as close to markets as possible, In accordance with the Provincial Policy
Statement. development within or near known deposits is only permitted
* resource use would not be feasible; or
. the proposed land uses or development serves a greater long term public
interest; and
. issues of public health, public safety and environmental impact are addressed.
The proponents have submitted a planning report that reviews this potential
aggregate resource area in conjunction with Provincial policies and guidelines.
Regional Planning staff concur with the findings of this review which indicate that
resource extraction is unlikely to occur in this area given land use constraints that
include the proximity of this site to sensitive uses such as urban residential
development planned in the Garner neighbourhood and at Blackhome Comers in
the adjacent City of Thorold located to the west. Further, an expansion to the
existing Walker Brothers Quarry to the north is currently underway which, along
with other established extraction operations that may be expanded in Niagara, will
help to meet Regional needs, After previous discussions with the Ministry of
Natural Resources, Regional Planning staff accepts that the development of these
lands for residential purposes could proceed in compliance with the requirements
of Provincial policies without any further aggregate resource investigation,
Ministry of Environment
i) Land Use Compatibility
The site borders a railway line and an industrial facility (Redpath inc.) is situated
immediately to the south. A detailed noise study is required to assess noise levels
from the railway and potential stationary noise from the Redpath operation
together with recommendations for appropriate mitigation measures, Predicted
noise levels from the future Highway 420 extension should also be considered in
the noise analysis if this corridor Js necessary. The Ministry of Environment's
guidelines (D-6) on "Separation Distances Between Industrial Facilities and
Sensitive Land Uses" provides compatibility criteria for new residential
5
development. The environmental protection block along the south side of the
development is intended to include noise attenuation features and will provide
some separation from sensitive residential uses. As indicated previously, the width
of this block can be determined at the subdivision stage when design details are
determined.
ii) Stormwater Manaqement
The relocation of the southerly watercourse is intended to function as a stormwater
management facility that will outlet to Beaverdams Creek. A detailed Stormwater
Management Plan will be necessary and should be identified in the policies of the
Official Plan amendment.
Ministry of Culture
The site displays a Iow potential for the discovery of archaeological resources
given its location, topography and previous disturbances, In this regard an
archaeological assessment is not considered necessary.
Conclusion
Regional Planning staff would not be opposed to the approval of the amendments to the
City's Official Plan and Zoning By-law subject to the following requirements to meet
Regional and Provincial interests:
A compatible mixture of residential housing types, lot sizes and tenure shall be
developed.
· Development in the area north of the designated Highway 420 expansion
corridor may be restricted until the impact of this potential highway has been
determined.
. Residential development shall not be permitted within existing woodlots except
in accordance with the Regional Tree Conservation By-law and a Tree
Preservation Plan prepared by a qualified arborlst.
. Development shall proceed through a plan of subdivision which shall be subject
to the preparation and approval of an Environmental Impact Study, Tree
Preservation Plan, Stormwater Management Plan and Noise Study
Comments from the Regional Public Works Department should also be regarded and
will be forwarded when they are finalized. Once the Official Plan amendment is adopted
by City Council, it must be forwarded to the Regional Planning and Development
Department for approval by Regional Council. The applicant, by copy of this letter, is
advised that the '
Regional review and processing fee for this purpose is $1,300.00 which
Should be forwarded as soon as possible.
6
Please provide notice of City Council's decision on these applications when available,
Yours truly,
David J, Farley~~
Director of Planning Services
C:
Rick Brady, Urban & Environmental Management Inc.
lan Thornton, Ministry of Natural Resources
Paul Bond, Niagara Peninsula Conservation Authority
Barb Rytec, Ministry of Environment
Bill Stevens, Regional Public Works
Councillor Bill Smeaton
M:~MSWORD~PC~lPzbla~J~Jndy'sLn & GamarRd Mel~,do¢
NIAGARA PENINSULA
£ONSERVAIION
A U T H O R I T Y
250 Thoro[d Road West, 3rd Floor Tel (905) 788-3135
Welland, Ontario L3C 3W2 Fax (905)
E-mail: n pea@conservation-niagara.on.ca
August 11, 2003
File MPR 4.18.25
Mr. Doug Darbyson
Director of Planning and Development
City of Niagara Falls
City Hall
4310 Queen Street
Niagara Falls, ON L2E 6X5
Via Fax
Dear Mr. Darbyson:
Subject:
Application for Official Plan Amendment
West Side of Garner Road (Femwood)
Your File AM-23/2003
RECEIVED
AUG 1 2003
PLANNING
& DEVELOPMF:NT
Conservation Authority staff have reviewed the above noted application for Official Plan Amendment and offer
the following comments and observations.
The application proposes to re-designate approximately 100 acres of vacant rural/industrial land to facilitate
development of a residential plan of subdivision. A "Concept" plan showing a general proposed layout of the
development and an applicants "background report" accompanied the O.P.A. application. An Environmental
Impact Study was completed by the developer in Mamh 2003.
There are two tributaries of Beaverdams Creek located on the property. The smaller tributary bordering the
south limit of the MTO reserve will be "swaled" as part of the subdivision development. The second tributary
runs along the south limit of the property (adjacent the CNR lands). This watercourse will be diverted and will
form part of the proposed park with footpath. It is our understanding that a berm system will be incorporated
into this area as well. This "block" will also serve as a stormwater detention area for the subdivision. Authority
staff have met on site eadier this year with the applicant and his consultant to discuss this proposal. In addition,
staff attended a recent meeting at City Hall with the developer, his consultant, and city staff to review certain
development constraints in greater detail. The following information summarizes key issues raised by NPCA
staff at these previous meetings,
The tributary crossing this property is identified as a Type 2 Important fish habitat by the Ministry of Natural
Resources. Type 2 habitats contain sensitive species and/or habitat at certain times of the year. A minimum
15m naturally vegetated buffer is required measured from the edge of the watercourse. Authority staff have
discussed this issue with both the applicant and his environmental consultant. NPCA, MNR, and DFO
approvals/permits will be required for the proposed watercourse alteration. The NPCA will require detail
stormwater management plans and calculations at the subdivision approval stage. The applicants
environmental consultant has indicated that there will be a 50-80m wide buffer area along the south limit of the
development (adjacent the CNR lands).
As noted, this buffer area will contain a berm system, the altered watercourse, a footpath, and serve as a
stormwater detention facility. Given the multiple uses proposed, the NPCA would request that an 80m wide
corridor be designated "Environmental Protection" in the OPA. The exact width can be determined at the zoning
bylaw amendment stage. This EP area should be identified as a separate block on the draft plan of subdivision
application (to be filed in the future). Specific design criteria for the vegetative buffer and watercourse re-
alignment can be reviewed at that time as well (and during the required permit process). No buildings or
structures (save for flood control) should be located within the EP area.
It should also be noted that the NPCA has entered into an agreement with the Federal Department of Fisheries
and Oceans (DFO) to undertake proposal screening for that agency. Accordingly, projects involving work in or
near watercourses which may have the potential to cause a harmful alteration, disruption or destruction to fish
habitat (HADD) are referred to DFO for their review and approval prior to approvals being issued by the
Conservation Authority. The proposed watercourse alteration will result in a harmful disruption to fish habitat.
DFO/NPCA staff is currently working with the applicant towards the required review and approvals in this
respect.
In summary, the Niagara Peninsula Conservation Authority has no objection to the proposed amendment
subject to the following:
That the Official Plan Amendment be revised to include the designation of the southerly tributary
including an 80m wide buffer area noted in our comments above to "Environmental Protection
Area".
Please provide a draft copy of the amendment to our office for review, pdor to approval by your Council.
Trusting the enclosed to be satisfactory, please send notice of your Council's decision.
Yours truly,
Watershed Planner (ext. 234)
PEB
cc: Regional Niagara Planning and Development Dept. (fax @ 905-641-5208)
L. Campbell & Associates, 360 Park Road North, Grimsby L3M 2P6
Rick Brady, Urban & Environmental Management
Eric Henry, Metro Development, 1959 Fruitbelt Parkway, Niagara Falls L2E 6S4
NIAGARA PENINSULA
£ONSERVAIION
A U T H 0 R I T Y
250 Thoroid Road West, 3rd Roar Tel (9o5) 788.3z35
wel[and, Ontario L3C 3W2 Fax (~o5) 788-~]2~
E-mall: n pcaOconse~rat Ion-niaga ra.o n.ca
August 15, 2003
File MPR 4.18.25
Feulllets de transmission par t~l~copieur
Post-It'" Fax Note ?STye
Mr. Dave Heyworth
Manager of Policy Planning
City of Niagara Falls
City Hall
4310 Queen Street
Niagara Falls, ON L2E 6X5
Dear Mr. Hayworth:
Subject:
Application for Official Plan Amendment
West Side of Garner Road (Fernwood)
Your File AM-23/2003
Further to our recent telephone conversation respecting this application, I would like to address the comments
made in the Brady letter to you dated August 14, 2003.
Mr. Brady states that he is "quite taken back" by my (August 11, 2003) letter. I wish to address the following
"points" as raised in the Brady letter of August 14, 2003.
1)
"As confirmed with Lisa Campbell, this is not a requirement in her studie~'. Pdor to our July 30~h
meeting at City Hall, our Aquatic Biologist, LeerAnn Hamilton, spoke with Lisa Campbell to discuss the
width of the buffer area depicted on the concept plan submitted with the OPA application. It is my
understanding that this is where the 50-80m figure came from. This was openly discussed at our July
30th meeting and I thought Ms. Hamilton made it very clear (after consultation with Lisa Campbell) that
the undetermined width was a result of not knowing detail design of the watercourse re-alignment,
footpath, attenuation berm, and stormwater storage calculations. It was also recognized that this degree
of detail design was not normally completed at the OPA stage and would be refined at the
ZBNsubdivision approval stage. This would explain why the ElS did not provide spec'rrlc reference to a
buffer width. I have exchanged e-mail with Ms. Campbell respecting this, and we will have to wait unUI
Lee-Ann's retum from vacation to confirm further.
2)
"As discussed at our joint meeting, the actual width of this EPA belt will be determined based on final
design of the recreated natural area". I agree. This has always been our undemtanding. My August
11th letter to the City stated "Given the multiple uses proposed, lhe NPCA would request that an 80m
wide corddorbe designated "Environmental Pmtection"in the OPA. The exact width can be determined
at the zoning bylaw amendment stage".
3)
"As you are aware, it is inappropriate to indicate specific measurements in an Official Plan and Official
Plan area are not considered precise." Not all OP land use boundaries are inteq3retative. On the
contrary, it is cedainly appropriate in a site specific OPA to fix a land use boundary, especially in the
absence of a natural/topographic reference boundary such as a read, major watemourse, rail line etc.
However, 'and as discussed eadier in this letter, it was never our intention to fix the EPA boundary at
2
80m. This was merely the maximum width we would expect it to be, with 50m being the minimum. It
was understood, (and I believe your OP already contains provisions for this) that the zoning amendment
would fix the boundary, once the detail design issues were complete,
As discussed with you; we ara not averse to additional wording in the OPA to stipulate the above, if you feel it is
necessary.
If, on the other hand, them remains serious dispute over the 50-80m EPA width, than we would request that
further formal study be undertaken, as part of the OPA submission, to resolve the issue at this time.
T~aul Bond
Watershed Planner (eXt. 234)
PEB
cc: Regional Niagara Planning and Development Dept. (fax @ 905-641-5208)
L. Campbell & Associates, 360 Park Road North, Grimsby L3M 2P6
Rick Brady, Urban & Environmental Management
Edc Henry, Metro Development, 1959 Fruitbelt Parkway, Niagara Falls L2E 6S4
Niagara
Corporate Services Department
Planning & Development
4310 Queen Street
P.O. Box 1023
Niagara Fails, ON L2E 6X5
web site: www.city.niagarafalls.on.ca
Tel.:
Fax:
E-mail:
(905) 356-7521
(905) 356-2354
planning@city.niagarafalls .on .ca
PD-2003-79
Doug Darbyson
Director
September 8, 2003
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re,'
PD-2003-79, Minor Change to Zoning Approval and
Cash-in-Lieu Agreement - J. Roberto
5709 Victoria Avenue
RECOMMENDATION:
It is recommended that Council:
1)
2)
3)
pass a resolution that no further public notice of zone change is necessary;
authorize a cash-in-lieu agreement as outlined; and
direct staff to prepare terms of reference for a comprehensive study of parking requirements
in the tourist core.
BACKGROUND:
On July 14, 2003, Council approved an application to rezone 5709 Victoria Avenue to allow an
increased building height of 23.0 metres, a maximum lot coverage of 85% and the provision of off-
site parking spaces to accommodate a proposed attraction (wax museum). The property owner's
solicitor, Guy Ungaro, now proposes (letter attached) to enter into a cash-in-lieu agreement with the
City to accommodate the museum use rather than provide off-site parking. The site is located in an
area where cash-in-lieu of parking is an option and was the preferred approach recommended in
Plamdng Report PD-2003-67. This change in the proposed zoning by-law since the public meeting
requires that City Council determine that no further notice of the change is necessary. A resolution
is included in tonight's agenda.
Cash-in-Lieu Agreement
The August 26, 2003 letter from Guy Ungaro includes not only 5709 Victoria Avenue in his
description, but also 5711, 5713, 5715 and 5717 Victoria Avenue. These additional properties are
not part of the rezoning application and will, therefore, not be included within the cash-in-lieu
agreement. Among the criteria for use of cash-in-lieu agreements is that the redevelopment should
contribute to the revitalization of the area. The other listed uses are not currently being redeveloped.
It has been determined already that the new building to house the attraction will be a catalyst for
further redevelopment of the area.
Working Together to Serve Our Community
Clerks Finance · Human Resources Information Systems · Legal · Planning & Development
September 8, 2003 - 2 - PD-2003-78
The proposed museum requires 37 parking spaces to meet zoning by-law requirements. The current
building has been grandfathered for 27 parking spaces which were required for the previous use, but
not provided because the building pre-exists the by-law. The result is a requirement for 10 additional
parking spaces. It is these 10 spaces for which the owner is seeking a cash-in-lieu agreement. At the
current rate o£ $12,000 per space, the applicant is required to pay $120,000 which can be made
through a five-year payment plan. The agreement is to be registered on title which provides the City
with adequate security to collect the monies in the case of a default or change in ownership.
The applicant is requesting that an opportunity be provided to recalculate the cash-in-lieu arrangement
based on a Parking Demand Study. Because the area has a high volume of pedestrians, it is
anticipated that most visitors to the museum will be walk-by traffic. The agreement, therefore,
provides a clause to address the Parking Demand Study option.
The owner has agreed to pay to the City to hire a consultant to do a site specific Parking Demand
Studyundertaken to municipal standards. The use of individual Parking Demand Studies has serious
implications on the cash-in-lieu policy and the provision of municipal parking. There is a need for
the City to undertake a comprehensive review of the municipal parking requirements in the tourist
core, the policy on the use of cash-in-lieu of parking and the overall strategy for the provision of
municipal parking lots/structures.
CONCLUSION:
The request to change Council's approval of the zoning by-law application is appropriate. The
applicant and the City can enter into a cash-in-lieu agreement to address the parking requirements
together with a proviso for a Parking Demand Study. Finally, staff should undertake terms of
reference for a comprehensive review of parking requirements in the Central Tourist District.
~ DA-Te~ ~tye~l;~}tf;hr o f Planm'n g & Development
Respectfully submitted:
Recommended by:
Doug Darbyson
Director of Planning & Development
Approved by:
T. Ravenda
Executive Director of Corporate Services
AH:tc
S:~PDRX2003~PD2003-79, Minor Change to Zoning & Cash-in-lieu 5709 Victoria.wpd
Guy Ungaro, LL.B.
Barrister & Solicitor
3486 Portage Road, Suite 101, Niagara Falls, Ontario, L2J 2K4
Telephone: (905) 357-5310
TeleFax: (905) 357-9677
Email: guyungaro~eoge¢o.ca
August 26, 2003
VIA FAX: (905) 374-3557
City of Niagara Falls
Queen Street
Attention:
John MacDonald
Dear Sir,
RE:
5709, 5711, 5713, 5715 & 57t7
Victoria Avenue
Nia.qara falls, Ontario
Please be advised that I act on behalf of 788894 Ontario Limited. We wish to enter into
a cash in lieu of parking agreement rather then provide off site parking as previously
proposed. We are prepared to immediately provide funding for a parking demand study
on the understanding that if parking is not necessary the Agreement shall be terminated
or reduced to correspond with the study. In the meantime, we require the building
permit to be issued as soon as possible and therefore request your immediate attention
to this matter.
.~y U tn~a~o, LL.B.
GU*mb
c.c Jim Robe~o
Municipal Heritage Committee
4310 Queen Street
The City of ~1~1~
P.O.
Box
1023
Niagara Falls, ON L2E 6X5
web site:
www.city.niagarafalls.on.ca
Niagara
Can~~~~" Tel.: (905) 356-7521
/ Fax: (905) 356-2354
E-maih planning@city, niagarafalls.on.ca
September 8, 2003
PD-2003-76
Todd Barclay
Chair
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re-'
PD-2003-76, Matters Arising
Municipal Heritage Committee Meeting
3174 St. Patrick Avenue and 6590 Dunn Street
RECOMMENDATION:
It is recommended that Council:
1)
approve in principle a grant for $1,400 plus tax for the restoration of the stone foundation at 3174
St. Patrick Avenue; and
2) approve in principle the replacement of the porch window at 6590 Dunn Street.
BACKGROUND:
The Municipal Heritage Committee (MHC) at its August 12, 2003 meeting reviewed two matters
affecting designated properties in the City.
Designated Property Grant
An application for a Designated Property Grant for the Russell Cottage, 3174 St. Patrick Avenue, was
reviewed. The owner of the property, Mr. Frank Long, submitted an application to restore the stone
foundation of the house. Russell Cottage is designated because of its historic and architectural
significance. The application was accompanied by a comprehensive estimate from Jon Jouppien on the
nature of the restoration. The proposed work was found to meet the requirements of the program
guidelines as soft lime mortars are to be used, repointed areas will use native sand to ensure colour
match and defective mortars will be removed using hand tools. The repointing and restoration will cost
$2,100 plus tax. The owner is eligible for a grant of $1,400 plus tax. The Committee adopted the
following motion:
"THAT the Committee supports the grant application for 3174 St. Patrick Avenue
(Russell Cottage) for the proposed restoration of the masonry on the southeast comer of
the cellar wall which has sustained extensive damage and carries the risk of further
deterioration."
W orb. in0 Tooet~er to Serve O,r Community
September 8, 2003 - 2 - PD-2003-76
Building Alteration
The owner of thc Spencc Weaver Homestead, 6590 Dunn Street, submitted a proposal to r~lace a
window on the rear (south) porch wall of the house. The window to be installed is a match to 6 over 6
pane recreated window previously installed in thc kitchen area flanking thc south wall. Thc Committee
supported thc alteration since the window matches other windows in thc structure and is in proportion
to thc wall area. The Committee adopted the following motion:
"THAT the Committee endorses thc proposed replacement of the window in the frame
porch portion of the rear entrance of the Spence Weaver Homestead, 6590 Dunn Street."
The Chair, Todd Barclay, had declared a conflict on this matter and relinquished the chair since he is the
owner of the property.
CONCLUSION:
The Municipal Heritage Committee is looking for Council's concurrence on these matters.
Respectfully submitted,
J an~'ee3gtn~[t,.Alderman ~
Municipal Hei~'tage~orm6ittee
AH:tc
S:~PDR~2003~PD2003-76, Matters Arising from MHC.wpd
The of
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-2003-78
Doug Darbyson
Director
September 8, 2003
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re:
PD-2003-78, Site Plan Application Fees
Testamentary Devise Lots
RECOMMENDATION:
It is recommended that Council approve the reduction in fees for the approval of site plans for
testamentary devise lots and pass the associated by-law on tonight's agenda.
BACKGROUND:
Council recently adopted Official Plan Amendment No. 42 regulating the development of rural
testamentary devise lots. To ensure these lots are developed in an orderly fashion while mitigating
environmental impacts, ensuring proper separation 15om agricultural uses and adequate lot drainage and
grading, Council adopted By-law No. 2003-28 to bring testamentary devise lots under site plan control.
In addition to testamentary devise lots, site plan control applies to commercial, industrial, institutional
and multiple family developments. These other developments tend to be more complex than
testamentary devise lots and require a more comprehensive review of detailed service, landscape, floor
plan and elevation drawings by City departments and outside agencies.
A site plan application for a testamentary devise lot only requires the review of such matters as a lot
grading and drainage plan, septic system layout and possible environmental impact studies by a limited
number of outside agencies (including Niagara Peninsula Conservation Authority and Regional
Municipality of Niagara, and TransCanada Pipelines in certain cases) and a limited number of City
departments. Therefore, a reduction in site plan review and agreement fees is proposed for testamentary
devise lots. The current and proposed fees are as follows:
Current Site Plan Application
& Agreement Fees
Proposed Site Plan Application
& Agreement Fees
For Testamentary Devise Lots
Planning Fees $ 825.00 $ 250.00
Legat Agreement Fees $1,000.00 $ 750.00
Total Fees $1,825.00 $1,000.00
Registration fees for agreements are in addition to the above noted fees.
Working Together to Serve Our Community
Clerks Finance Human Resources · Information Systems · Legal Planning & Development
September 8, 2003 - 2 - PD-2003-7'8
In addition, the reduced fees would represent less of a financial burden on the applicants and ultimately,
the homeowners.
CONCLUSION:
Adoption of the associated by-law on tonight's agenda will implement the reduction in fees for site plan
applications for testamentary devise lots.
Prepared by:
Planner 2
Respectfully submitted:
John MacDonaldq~
~nistrative Officer
Recommended by:
Doug Darbyson
Director of Planning & Development
ApprOved by:
T. Ravenda
Executive Director of Corporate Services
AB:pb
S 5PDRX2003~PD2003-78, SP App Fees Testamentary Devise Lots.wpd
Lupus Foundation
of Ontario
Honorary Patron:
The Hon. James K. Bartleman
Lieutenant Governor of Ontario
July 29, 2003
Box 687 294 Ridge Road N
Ridgeway, ON LOS 1 NO
(800) 368-8377 ON Only
~, (905) 894-4611
~ (905) 894-4616
e~ lupusont@ vaxxine.com
Serving Ontario since 1977 (Inc.)
Mr. Dean Iorfida, City Clerk
The City of Niagara Falls
,!3!0 Queen Street, Box 1023
Niagara Falls, Ontario
L2E 6X5
Dear Mr. lorfida:
The Board of Directors of Lz~pus Foundation of Ontario would very much
appreciate it if the Mayor and Council would again proclaim the month of October as:
'October is Lupus Awareness Month'
Lupus Js a devastating disease. There is no known cause. There is no cure - as
yet. What we do know is that through creativity, resourcefulness, a strong medical
system and the right partnership we can find the answer. We know that when you are
educated about your disease, you live longer, remain a worker longer, and can invest
more in your community.
We are also in the process of arranging flags to be made with our national logo,
and the words, "Lupus Foundation of Ontario', printed on the flag.
I o ......... on 3'our agenda during the month of
.3, ou,d: o ............ p ...... t~ ? ,~ .,4o,.
September, so that we may request a Proclamation, and also approval to fly our flag
during the month of Dctober?
We look fbrward to heariug from you.
Very truly yours,
Patricia Aikenhead
President
Funding Partially Raised Through Fort Erie Bingo
Charitable Working Together. To conquer Lupus.
Registration Numbel
10764 9410 RRO001
DR. MURRAY UROWITZ: Biography
Univemity of Toronto
Dr. Murray Uro~vitz received his M.D. from the University of Toronto in
1963. He completed his post-graduate training in rheumatoiogy at the Johns
Hopkins University, Baltimore and at the University of Toronto in 1965-1969. He
was a staff rheumatologist at the Wellesley Hospital in Toronto from 1974 to 1995
and has been a senior staff rheumatologist at the Toronto Western Hospital since
1995. He is currently Professor of Medicine and A~sociate Dean of Post-Graduate
Medical Education at the University of Toronto and Director of the centre for
Prognosis Studies in the Rheumatic Diseases and the University of Toronto Lupus
Clinic at the Toronto Western Hospital. Dr. Urowitz has published over 200 peer-
reviewed papers and 32 book chapters.
Dr. Urowitz established the University of Toronto Lupus Databank Research
Program in 1970. This program now involves over 1080 patients who have been
follo~ved prospectively, examined by clinical and immunological measures according
to a rigorous, predetermined protocol carried out at defined intervals and is one of
the largest cohorts of patients with SLE in the world. Numerous important research
findings have been derived from this longitudinal study including the descriptions of
the natural history and outcomes of SLE, which has lead to a better understanding
of the disease process and improved therapeutic interventions. Dr. Urowitz is a
founding member of the Systemic Lupus International Collaborating Clinics
(SLICC) group ~vhich has been instrumental in the development of standardized
outcome measures of SLE disease activity and damage which are now being utilized
in SLE research around the world.
More recently, Dr. Uro,vitz has established the SLICC Registry for
Atherosclerosis in SLE. The SLICC Registry involves 27 centres in 10 countries in
Asia, Europe, Great Britain, Canada and Mexico, and involves the collection of
clinical and laboratory information on newly diagnosed SLE patients followed at
these centres. This database will allow for the follow-up of a large diverse
population of patients with SLE by standardized methods to specifically examine
the issue of early coronary artery disease in SLE and to identify associated risk
factors leading to potential preventative therapies.
The Lupus Foundation of Ontario has provided financial support for this
important project.
II
DETAIL
DE TAIL
$
6
BERTIE bT.
Directions: Take QEW to Gii~nore Road~xit. Go straight across Gilmore Road
aro~ndthe be~c[~ turn right at first stop light which is Garrison Road(aGo called
Higgway #3), move into the left lane, turn left at Buffalo Roadwhich is just
before tl~e ~l~iL1-ay Inn. The Native Friendship Centre is on the left handside on
Buffalo Road
7nsi~hts & Ideas'
October ~I, 2oo3
# Attending @ ~2o.oo Per Person $
Donation (Alldonations willbe presentedto Dr. qJrawitz on October ~Y~ to
further his research into the cause andeventualcure for £upus.)
$
2qembership Renewal@ ~ 5. oo per ~]ear
Cheque, Visa cfr Money O~der Enclosed
(Sorry, No refunds)
August 13th, 2003
The Royal Canadian Legion
NIAGARA FALLS (ONT. NO. 51) BRANCH
Bis Worship Mayor Wayne Thomson
4310 Queen Street
Niagara Falls, Ontario
L2E 6X5
Your Worship,
On behalf of the Royal Canadian Legion Branches No. 51, 396 and
479, we request that the week of September 21st to 27th be
proclaimed "LEGION WEEK".
This week will be observed through Canada and many Branches will
have activities to make the public aware of Branch and Co~unity
projects.
Branch 51 will be responsible for the payment of publication of the
Proclamation in the Niagara Falls Review.
Thank you for your attention to this very important event. For any
further information, please contact Helen, Keating at 354-8331,
regarding Legion Week.
5743 Valley Way, Niagara Falls, Ontario L2E 1X7 Tel: 905-354-8331
The Royal Canadian Legion
NIAGAJlA FALLS (ONT. NO. 51) BRANCH
August 13~, 2003
His WorshipMayor Wayne Thomson
4310 Queen Street
Niagara Falls, Ontario
L2E 6X5
Dear Mayor Thomson:
On behalf of the Royal Canadian Legion Branches 51, 396, and 479,
we request that permission be granted for a Legion Flag Raising
Ceremony to be held on Monday, Sept~,~er 22nd, 2003, at 10:00a.m.
in honour of Legion week.
This week will be observed throughout Canada and it would be
greatly appreciated if permission could be received to fly the
Canada Re~ers flag at City Hall.
We also request your presence and m~m~ers of City Council at this
event. We appreciate your attention to this matter.
Yours truly,
Verna Bird
Pres. Br.51
RECEIVED
[-~ AUG 22 2003
5743 Valley Way, Niagara Falls, Ontario L2E 1X7 Tel: 905-354-8331
Page 1 of 1
Wayne Thomson- A Message from the Ontario Association of Architects: Architecture
Week 2003, September 28 to October 4
From:
To:
Date:
Subject:
"Micheile Hamilton" <MichelleH@oaa.on.ca>
<wthomson~city.niagarafalls.on.ca>
8/11/03 2:04 PM
A Message from the Ontado Association of Architects: Amhiteclure Week 2003, September 28 to October 4
Dear Mayor Thomson,
Architecture Week is an exciting annual, province wide event, hosted by the Ontario Association of Architects
(OAA) and celebrated to raise public awareness and appreciation of architects and their work. The week was
designed to celebrate the profession and the role of the architect as they create the special places where we live,
work and play.
We would like to invite the City of Niagara Falls to take part in this weekl
Architecture Week 2003 will run from September 28 to October 4. During the week, there are a variety of events
that are coordinated and organized by the 14 regional societies. Their goals are to promote the profession of
architecture and educate the public on their community's architectural history, looking at what impact architects
have on an ever changing world as well as the diversity of the profession and the talent of the practitioners.
How can your municipality participate in Architecture Week?
It's easy to participate in Architecture Week. If the City of Niagara Falls is organizing any amhitecturally inspired
events (e.g. walking tours, exhibits, lectures etc.) taking place from September 28 to October 4, let us know and
we will help you to promote it by posting it on the official OAA Web site Architecture Week calendar listing. We
also have available to you, Architecture Week posters in three different sizes, 8.5" x 11 ", 11 "x 17" and 20" x 30".
We will provide you with posters that are recognized by the design community, building industry as well as people
that have participated in past Architecture Week events.
Another way to celebrate Amhitecture Week is to municipally proclaim that September 28 to October 4, 2003 is
officially Architecture Week in your community. You could also add a link from your municipal Web site to the
OAA's Web site.
If you are interested in becoming involved in Architecture Week or have any questions at all, please do not
hesitate to contact me by phone or e-mail.
We look forward to your involvement in this years' Architecture Week.
Michelle Hamilton
Coordinator, Societies and Outreach
Ontario Association of Architects
111 Moatfield Dr.
Toronto, ON
M3B 3L6
(P) 416-449-6898 ext. 275
(Fl 416-449-5756
1-800-565-2724
michelleh@oaa.on.ca
file://C:\WINDOWS\TEMP\GW} 00001 .HTM 8/11/03
G,N.B.A,
GREATER NIAGARA
BASEBALL ASSOCIATION
August 18, 2003
Dear City Council Members
The GNBA is requesting additional funding for park improvements at Oakes Park Diamond #1
and #2 as per our discussion with Adele Kon and John Morocco in May 2003. This park
improvement would be slated to be completed September - October 2003.
Parks and recreation department has a quote from Mor-Clay products to improve the infield and
outfield at these diamonds of approximately $30,000.00. We at the GNBA have allotted
$15,000.00 towards this park improvement. Also John had stated that they would be able to
improve the drainage on both diamonds.
Your financial assistance on this project would be greatly appreciated, as this improvement will
allow less maintenance costs for the city, GNBA be able to play more games (due to rain-outs),
and give The City o£Niagara Falls the premier baseball diamonds in the Niagara District.
If there is any other information required please do not hesitate to contact me.
Thank you, in advance for you consideration.
Y~ur~' Truly
Tim Topping
GNBA Past President
Home 905-354-4248
Cell 905-651-0782
City of Niagara Falls Board of Museums
5810 Ferry Street - Niagara Falls - Ontario - L2G 1S9
Tel: (905)358-5082 Fax: (905)358-0920
Mayor Wayne Thomson and Members of Council
City Hall
P.O. Box 1023
4310 queen Stteet
Niagara Falls, Ontario
L2E 6X5
July 31, 2003.
Your Worship and Members of City Council,
Recently the City of Niagara Falls Board of Museums has undertaken to review the By-Laws
relating to the Board. There are currently two by-laws that govern the Board of Museums: #73-
23 and #76-65. This exercise was undertaken in order to tighten up the role of the Museums and
to clarify some of the wording of the original document. While the overall spirit of the original
two by-laws remains, the Board feels that the changes that have been suggested would make the
by-law easier to understand and will also provide the Board of Museums with a clearer and more
updated governing document.
The Board of Museums would like to submit these changes to you for consideration. These were
approved in principle by the City of Niagara Falls Board of Museums at their meeting of July
17t~, 2003. While the Board of Museums realizes that changes to a governing by-law are the
responsibility of City Council, we respectfully submit these proposed changes to you, in the hope
of being pm-active in this matter.
Thank you very much for your time and consideration.
Sincerely,
Kathleen Powell
Manager, City of Niagara Falls Museums
CC,
Board of Museums
Adele Kon, Director, Parks, Recreation and Culture
?'/ ECEIVED
City of Niagara Falls Museums suggested changes to
By-Laws Number 73-23 and 76-65
Chain, es su~,ested:
From By-law 76-65:
Remove from Section 2-1: In making the afore said appointments, each of the Museum societies
operating in the City of Niagara Falls shall in each year, prior to the appointment of Board
members be requested to submit to Council a list of nominees of the society for possible
appointment as a member of the Board, provided that the appointment of a society's nominee
does not prohibit the appointment of an additional member of the same society of the Board.
Remove Sections 2, 3, 4 and 5.
From By-law #73-23:
Remove section 2-3 and 2-4 and section 5
Alter the wording of section 2-b to read: Elect a chairman, vice-chairman, all of whom shall hold
office at the pleasure of the Board or for such period as the Board may prescribe.
Alter Section 11 to read: A member shall cease to be a member of the Board if he absents himself
from three successive meetings of the Board without notifying the Board. Board members can be
released from the Board subject to a Board resolution.
Alter section 12 from 6 meetings per year to 12 meeting per year.
In section 13 add oral request after written request.
In section 15 alter the number required for quorum from four member to 50 % plus 1.
A by-law to establish a board known as the "City of Niagara Fails Board of Museums" and to
provide for the appointment of members thereto.
Whereas paragraph 74 of section 352 of the Municipal Act R.S.O. 1970 authorizes the council
ora municipality to establish a board of management to operate a Museum on its behalfi
AND WHEREAS it is desirable that such a board be established to act on behalf of the Council
of the Corporation of the City of Niagara Falls for the management of historic sites and museums
or properties owned or acquired by the Corporation within the city of Niagara Falls.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF
NIAGARA FALLS ENACTS AS FOLLOWS:
2. O)
2. (2)
2. (3)
o
eo
go
h.
i.
4.
There is hereby established a board to be know as the "City of Niagara Falls Board of
Museums" herinafter called "the board" to which is entrusted the maintenance, control,
operation and management of historic sites, museums or properties owned or acquired by
the Corporation within the City of Niagara Falls as the Council may hereafter designate
subject to such limitations and restrictions as the Council may from time to time impose.
The Board shall consist often members appointed by Council, two of whom shall be
members of Council and the remaining members shall be persons qualified to be selected
members of Council.
The members of Council may be appointed to the Board for the whole or any part of their
unexpired term as members of Council, and the remaining members shall be appointed
for not more than three years.
In the case of a vacancy from any cause other than the expiration of the term, the member
appointed to fill the vacancy shall hold office for the balance of the term of the member
whose place has become vacant.
Subject to such limitations and restrictions as Council may from time to time impose, by
by-law, resolution or otherwise, the Board may:
Fix the time and place for meetings of the Board, and the mode of calling and conducting
them, and make regulations governing the conduct of its members and employees.
Elect a chairman and vice-chairman all of whom shall hold office at the pleasure of the
Board and for such period as the Board shall prescribe;
Employ such officers and servants as it may deem necessary, determine the terms on
which they are employed, fix their salaries and prescribe their duties;
Fix the hours when any Museum under the management of the Board shall be open to the
public, and require payment of fees or charges for admission thereto on the use thereof,
and prescribe such fees and charges;
Adopt policy for rules for the use of any Museum under the management of the Board for
the admission of the public thereto, and for regulating all other matters and things
connected with the management therof;
Sell or distribute objects and literature of historical significance or interest, sell within the
Museum souvenirs, articles and refreshments at such prices as the Board may decide,
provided that the exercise of the power to sell refreshments shall be subject to the prior
approval of Council, and to such terms and conditions as Council may impose;
Produce, copy and distribute historical publications and documents relating to the history
of the City of Niagara Falls;
Encourage and develop volunteer groups to assist in the further development of museums
and historical matters within the City of Niagara Falls;
Carry out such other duties relating to the history and development of the City of Niagara
Falls as may be assigned to it by Council.
The Board shall not at any time set in a manner that is contrary to or inconsistent with any
legal obligation of the Corporation of the City of Niagara Falls applicable to any historic
site or property under the jurisdiction of the Board.
The Board shall not acquire any land or buildings or make or authorize a structural
change of any kind to any historical site or property under its management without the
approval or authorization of Council.
6. The Board shall initiate, consider an develop proposals fro the preservation and
restoration of historic sites, properties and objects in the City of Niagara Falls.
7. The Board shall consult with and make recommendations to the Council in respect to all
matters that in any way affect the Council.
8. Tbe Board shall annually submit to Council an audited report of the previous year's
operations and a budget showing the expected revenues and expenditures for the current
year.
9. The members of the Board shall serve without remuneration.
10. A member shall cease to be a member of the Board if he absents himself from three
successive meetings without notifying the Board. Board members can be released from
the Board subject to a Board resolution.
I 1. The Board shall hold not less than 12 meet'mgs of its members in each calendar year. All
meetings of the Board shall be open and no person shall be excluded therefrom except for
improper conduct.
t2. The chairman, or in his absence, the vice-chairman, shall upon written or oral request of a
majority of the Board members, call a meeting for the consideration of any business
within the Board's jurisdiction.
13. A quorum of the Board shall consist of 50 % of the Board membership plus 1.
14. No member of the Board nor any member of Council shall have contract with the Board
or be pecuniarily interested, directly or indirectly in any conlxact or work relating to the
operations or function of the Board.
15. The Board shall keep minutes of its meet'mgs and shall keep all papers and documents
pertairfing to the business of the Board, and all books, documents and files kept by the
Board shall be open to the inspection of members of Council or any other person or
persons appointed for that purpose by Council. The Board shall distribute copies of the
minutes of all regular and special meetings of the Board to all participating Museum
societies in the City of Niagara Falls.
16. The Board is hereby authorized to appoint com_mittees to act on its behalf to assist in the
operation and maintenance of museums within the City of Niagara Falls provided that all
such committees shall be subject to the same limitations and restrictions as are imposed
upon the Board by by-law, resolution or otherwise and without limiting the generality of
the foregoing the limitations and restrictions contained in clause f of section 3 and in
sections 4,5,7,9 and 14 of this by-law, all of which shall apply to any such committee to
the same extent as if such committees were specially named therein.
Ukrainian Canadian Civil Liberties Association
Calgary Office, 48 Woodcrest (lose SW, Calgary, Alberta T2W 3P9 Tel: (403) 251 5594/Fax: (403) 238 4546 email: sydorukt~uccla ca
18 August 2003
Mayor and Members of Council
c/o Dean Iorfida, City Clerk
City Hall
4310 Queen Street
PO Box 1023
Niagara Falls, Ontario
L2E 6X5
Dear Mayor and Members of Council:
Since 1994, the Ukrainian Canadian Civil Liberties Association has worked with private groups and individuals,
municipalities, provincial governments and the federal government to recall what happened to Ukrainians and
other Europeans imprisoned as "enemy aliens" during Canada's first national internment operations of 1914-
1920. We have, to date, placed 19 trilingual bronze plaques (2' X 3', pole mounted or fixed) and 4 statues at
various sites across Canada where internees were held, including Banff and Jasper national parks, Kapuskasing,
Fort Henry (Kingston), Amherst (Nova Scotia) Toronto's Stanley Barracks (CNE), Spirit Lake (Quebec) and
Brandon (Manitoba). One of the sites still to be recognized is the Niagara Falls Armoury, which was used as a
detention facility between ! 5 December ! 9 ! 5 and 3 ! .a. ugust ! 9! 8.
In previous correspondence with Ms Adele Kon, we have asked for pern~ission to place a wall or pole mounted
bronze plaque on the Niagara Falls Armoury grounds, similar in style and message to those we have now
installed at many other sites across the country. We would pay for the costs of design, production and delivery
of the plaque to the site, and, working with members of the local Ukrainian Canadian community, would
organize a suitable unveiling ceremony, to which the Mayor and members of Council would, of course, be
invited. All we would ask of the City is that it agree to allowing us to install this plaque which the City would
then own and maintain in perpetuity. We would likely wish to unveil this plaque next summer.
We understand that negotiations are currently underway between the federal government and the City of Niagara
Falls concerning the Armoury building and a transfer of ownership. We would very much like to ensure that the
history of this particular site as an internment camp in the First World War period is remembered suitably and
hope you will agree to our modest request in this regard. If you have any additional questions please do not
hesitate to contact me, or our association's director of research, Dr Lubomyr Luciuk, at (613) 546-8364.
Thanking you in advance for your anticipated support, I remain,
Yours truly,
B Sydoruk
Director of Special Projects.
Calgary Office
09/05/200~ FR! 9:56 FAX 905 356 6236 NF F,D, Ad, in 4003/004
Canadian. Association of Fire Chiefs
For Im~mediate Release: September ?r 2003
NATIONAL FIREFIGHTERS WEEK HONOURS
THE THOUSANDS OF FIREFIGHTERS AND
VOLUNTEERS WHO BATTLED FOREST BLAZES
THIS SUMMER
"Incredible Bravery and Perseverance" lauded by Canada's Fire
Chiefs
O! 1 AW/k, ON - More than 4,000 firefighters who battled over 850 separate fires in
British Columbia, Alber~ and Ont~io ~om June thxough August are being designated
for special recogrdtion during National l:irefighters Week in Canada, September 7-13.
"Every single man and woman who served in the fight against these fires ts a Canadian
hero," said Ken Kelly, President of the Carmdi.~,~ Association of Fire Chiefs (C_Ai~C), and
Chief of the Yarmouth, NS Fire Department. "Every person who risks his life a~d kealth
in fighting a fire deserves t_he gratitude of every Canadian, but the combined effort of
these thousands of forest fire fighters prevented what could have been the biggest
natural disaster in Carmdlan history."
VVlkile fires wiped out several thousand hectares of forest, and hundreds of homes and
businesses - most particularly in southern British Columbia - the H~,~nge and loss of life
could have been significantly worse, if it had not been for the wli~nt efforts of both
professional and volunteer f/re service personnel. Where fire service resouxces were
stretched to their limits, professional firefighters from other provinces came in and
helped, along w/th local residents.
"What isn't widely known is htmt a number of the firefighters in B.C. also lost their
homes in these devastating blazes," said Chief Kelly. "But they disregarded their own
0 /05/ U05 'gl 9:5 'AX 905 6256 A min uu /uu4
hardship to fight for the safety and possessions of others. Ou~ hats and helme~ are
definitely off to them_"
National Fire_fighters Week wa~ established by the CA.FC in 2002, to pay tribute to the
thousanc~ of men ~nd women across Canada who have chosen firefighting as a
profession, or as an avocation for volunteers in smaller communities. The second week
in September, incorporating the 11*h day of the month, was chosen by CAZC to
perpetually honou.r the 344 New York area fi~e service personnel who lost their lives in
response to the terrorist attmcks on the World Trade Center in 2001.
"There are many people who have high-risk jobs in the service of the public good," Chief
Kelly continued. "These i~clude police, armed forces and peacekeeping troops, Red
Cross workers, emerge~lcy response personnel, paramedics, the entire medical
profession who deal with contagious diseases.., it's a long list, and everyone should be
commended for what they do.
"But in so many cases, the firefighter is the first person on the scene at fires, poison g~as
inclden~, acciclen~, violent disputes, rescue operations, and retrieval of bodies. The
bravery that is demonstrated in the face of such stress and challenge is awe-inspiring,
every day.
"On behalf of all Can~di~,~s, we the Chiefs salute our firefighters. And this yea~
especially, those who served in saving our forest, and out homes."
Fire departalen~ across the count~ a~re encorrrag~d by the CAi~C to ensuxe that their
fire service personnel acknowledge National Fire fighters Week in their own way. Cki~
Kelly has also requested all CAFC members to send messages of thanks and best wishes
to their counterparts in British Columbia, Alberta, and Onh~rio.
]~or mole ~n]~o~ation:
James Deeks
Primm7 Co~msel Group Inc.
Phone: 416-486-3477 Ext. 32
Errmi~ jdeeks~prlmarycounseLcom
Community Services Department
T ..... .~,~ Municipal Works
ne L, ITV OT
.. _ I~'~ .,, 4310 Queen Street
Niagara I-ails ~i~,~,P 0 Box 1023
Canada ,~ Niagara Fells, ON L2E 6X5
~Tm web site: www.city.niagarafalls.on.ca
Tel.: (905) 356-7521
Fax: (905) 356-2354
E-mail: ed ujlovi@city.niagarafalls.on.ca
MW-2003-152
Ed Dujlovic
Director
September 8, 2003
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re: MW-2003-152 - Storm Event of August 5, 2003
RECOMMENDATION:
That this report be received for the information of Council.
BACKGROUND:
On August 5, 2003 at approximately 1:00 p.m. the City of Niagara Falls experienced the largest
single rainfall event ever recorded for this area. The storm dropped in excess of three and half inches
of rain, (89.75 mm), on the North East end of the City over a period of approximately one and half
hours with the bulk of the total falling within a one-half hour period. Staffhas calculated the return
period, the likelihood of recurrence of a similar storm, as one in one hundred and fifty years. The
return period calculation has been verified by an independent consulting engineer.
The closest storm in terms of severity and total volume occurred in St. Catharines on June 10, 1996
on a separated sewer area in and around the Port Weller area. The 1996 event in St. Catharines,
despite being less severe, generated in excess of four hundred calls to their operations centre for
assistance with respect to basement flooding. The event of August 5, 2003 in Niagara Falls by
comparison generated approximately one-hundred calls of which approximately 10 to 20 percent
were related to road or overland flooding. Please see attached map outlining the areas affected by
the storm.
It is the opinion of City Engineering Staff and that of others in the engineering field that very little
if anything, including sewer separation, could have prevented the occurrence of basement flooding
in the face of such an extreme rainfall event.
City staff does realize however that the areas indicated do require a more substantial level of
Working Together to Serve Our Community
Municipal Works · Fire Services · Parks, Recreation & Culture · Business Development · Building & By-Law Services
September 8, 2003 - 2 - MW-2003-152
protection against future potential flooding events. City Engineering Services staff initiated the
following actions immediately after the August 5, 2003-event.
A comprehensive listing of all residences that experienced difficulty as a result of the
storm.
Approximately 60 to 70 percent of the homes on the above listing will have been
visited by Infrastructure Section Staff and are enrolled in the Residential Flood Relief
Program by September 8, 2003. The remainder will be scheduled as soon as possible.
City Engineering Staffis currently examining alternate flow routes for storm nmoff
from these areas. Results from these investigations will be presented in a future
separate and comprehensive council report. This report will also include an estimate
of the monies required to separate this particular area in its entirety.
Please be aware that no municipal sewer system, combined, storm or sanitary, is or was designed
for more that a one in ten year storm protection level as the costs involved are prohibitive for such
an infrequent event.
Councii' s concurrence with the recommendations is requested
Prepared by:
David Watt
Manager of Infrastructure & Environment
Respectfully submitted:
~John MacDonald
Chief Administrative Officer
Approved by:
Ed Dujlovic, P.Eng.
Director of Municipal Works
S:kREPORTS~2003 ReportshMW2003-152 August 5th storm event.wpd
Au_~ust 2003 Floodin_~
N
Ftood Location
Road Center Lines
Pail Line
2 km
Engineering Services
Infrastructure Section
Community Services Department
· s (i~1~ Parks, Recreation&Culture
The Qty of
· 4310 Queen Street
N[ag(3ra Falls
P.O. Box 1023
Can~~ Niagara Falls, ON L2E 6X5
~T~ web~~l~'~ site: www.city.niagarafalls.on.ca
Tel.: (905) 356-7521
Fax: (905) 356-7404
E-mail: akon@city.niagarafalls.on.ca
September 8, 2003
R-2003-57
Adele Ken
Director
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re:
R-2003-57
2003 Sports Wall of Fame Inductees
RECOMMENDATION:
That Council endorse the following Inductees to the 2003 Niagara Falls Sports Wall of Fame, as
recommended by the Sports Wall of Fame Committee:
1900 - 1950 Era
Inductees
Colonial Football Team, 1910
Colonial Football Team, 1912
Douglas Walter Boston
Category Sport
Team Football
Team Football
Athlete Hockey
1951 - 1970 Era
Inductees
Jack (Johnny) Long
Stamford Track & Field Team, 1951 Automatic
Angelo Giajnorio
William Edwin Ives
1971 - 1990 Era
Inductees
Jim Bedard
Mary Jane Mulligan
Robert (Bob) Manno
McRae's Senior "A" Fastball Team, 1974
Category
Builder
Team
Builder
Athlete
Sport
Football, Track &
Field, & Basketball
Track & Field
Hockey & Baseball
Hockey & Baseball
Category Sport
Athlete Hockey
Builder Softball
Athlete Hockey
Team Fastball
Working Together to Serve Our Community
Municipal Works · Fire Services · Parks, Recreation & Culture · Business Development · Building & By-Law Services
September 8, 2003 - 2 - R-2003-57
BACKGROUND:
The Sports Wall of Fame Committee reviewed the Nomination Forms submitted and selected the
above-listed Nominees for Induction to the 2003 Niagara Falls Sports Wall of Fame.
The 2003 Sports Wall of Fame Induction Ceremony will be held on Sunday, January 18, 2004 at
the Niagara Falls Memorial Arena.
Respectfully Submitted:
Alderman Paisley Janvary-Pool
Chairperson
Sports Wall of Fame Committee
LA/das
S:\Council\Council 2003~R-2003-57- 2003 Sports Wall of Fame Inductees.wpd
Fire Services
The City of ill'It 5809 Morrison Street
NiagarafallslJ &l, Niagara Falls, ON L2E 2E8
Canada ~" web site: www.city.niagarafalls.on.ca
~ I -- Tel: (905) 356-1321 September 8, 2003
Fax: (905) 356-6236
E-maih pburke@city.niagarafalls.on.ca
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Patrick R. Burke
Fire Chief
FS-2003-11
Members:
Re: FS-2003-11 Replacement Defibrillators
RECOMMENDATION:
That Council authorize the purchase of six (6) replacement defibrillators from Laerdal Medical
Canada, at a total cost of $68,310.00 including taxes.
BACKGROUND:
Niagara Falls Fire Services has been performing defibrillation for the citizens and visitors to the City
for many years. The present defibrillators were purchased new in 1995. These defibrillators are
nearing the end of their service life for technological changes and emergency response purposes.
Considering the increase in medical call volume which has been received in recent years and
considering the desire to respond to increased community demands, the projection is that the demand
for this type of equipment will increase in the future.
Our recommendation is to purchase from Laerdal Medical Canada based on:
· meet the requirements of the Niagara Region Base Hospital for the fire fighter defibrillator
program
service availability from Biomedical Services at Greater Niagara General Hospital
· proven product reliability
Laerdal will be responsible for providing the initial training to our instructors, as required, according
to Fire Services standards.
FINANCING: Sufficient funds have been assigned in the approved 2003 Capital Budget.
Assistant Chief
Director of Fire ServicesX//
Fire Chief
Respectfully submitted:
CR:rs
Smoke Alarms Save Lives - Check Your Smoke Alarm
Working Together to Serve Our Community
Corporate Services Department
The City of Legal Services
Niagara Falls !1~11~ 43'10 Queen Street
1023
Niagara Falls, ON L2E 6X5
~ I -- web site: ~.ci~.nJagarafalls.on.ca
Tel.: (905) 356-7521
Fax: (905) 371-2892
E-mail: rkallio~city.niagarafalls.on.ca
L-2003-62
E.O, Kallio
City Solicitor
September 8, 2003
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re.'
L-2003-62
Privacy Protocol for Personal Information Records ("PIR")
Our File No. 2002-71
RECOMMENDATION:
That the Privacy Protocol for Personal Information Records as set out in Schedule "A" attached
hereto be adopted.
BACKGROUND:
At its meeting of June 16, 2003, Council adopted the recommendations of a Report from the Privacy
Commission dated May 27, 2003, which dealt with a privacy complaint. One of the
recommendations was that the City should establish and adopt a protocol for the handling and
releasing of personal information of employees.
The proposed Privacy Protocol for Personal Information Records attached as Schedule"A" attempts
to strike a balance between the rights of employees to privacy and permitting the work of the
Corporation to continue in ordinary or repetitive matters involving personal information of
employees.
Reco~nmendations 1 and 2 of the Privacy Report have already been complied with in that every
Member of Council and employee has received or has had made available a copy of the Report of
the Privacy Commission and, as well, all Members of Council have received the Councillor's
Working Together to Serve Our Community
Clerks · Finance Human Resources · Information Systems Legal Planning & Development
September 8, 2003
handbook deve ped by the City of Ottawa.
Recom e
City Solicitor
-2-
Respectfully submitted:
John MacDonald
Chief Administrative Officer
L-2003-62
Approved by:
T. Ravenda
Executive Director of Corporate Services
ROK/sm
Attachment
SCHEDULE "A"
Privacy Protocol for Personal Information Records (PIR)
The City of Niagara Falls is committed to the principle that personal information records in the
custody and control of the City shall remain confidential unless disclosed in strict compliance with
the Municipal Freedom of Information and Protection of Privacy Act (the "Act").
Section 32(1) of the Act provides that,
Personal information in the custody or control of an institution shall not be disclosed except,
in accordance with the provisions of the Act
· if the person to whom the information relates consents
· for the purpose for which it was obtained or for a consistent purpose
· if the disclosure is made to an officer or employee of the institution for the
performance of his or her duties and disclosure is necessary and proper
· if authorized by law
to aid in a 1aw enforcement investigation
· for compelling health and safety reasons
· in compassionate circumstances to locate next of kin
Personal information is defined in the Act to mean recorded information about an identifiable
individual, including,
· information relating to race, national or ethnic origin, colour, religion, age, sex,
sexual orientation or marital or family status
· education, medical, psychiatric, criminal or employment history or financial
transactions
· any identifying number or symbol assigned to the individual
· address, telephone number, fingerprints or blood type
-2-
Procedures for obtaining PIR
Any requests for PIR concerning the Mayor, a Member of Council, an employee or job applicant
shall be in writing and sent to the Freedom of Information Coordinator except for the following:
· PIR required for payroll purposes, health benefits claims, tax matters or similar
employment requirements
· legal issues involving PIR where confidentiality is required and expected
· personnel issues involving PIR where confidentiality is required and expected
Any request for PIR shall be in writing and shall be accompanied by the following:
· the reason(s) why the PIR are required
· the purpose for obtaining the PIR
· why the PIR are necessary and proper in the discharge of the City's functions
The FOI Coordinator shall review the request for PIR and shall advise the requester of his/her
decision, which decision shall be final.
The City of
Niagara FallsI
Canada
Community Services Department
Municipal Works
4310 Queen Street
P.O. Box 1023
Niagara Falls, ON L2E 6X5
web site: www.city.niagarafalls.on.ca
Tel: (905) 356-7521
Fax: (905) 356-2354
E-mail: munwks@city.niagarafalls.on.ca
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls
Members:
Re'.
September 8, 2003
MW-2003-154
Contract2003-128-03
Casino RoadsReconstruction
RECOMMENDATION:
It is recommended that the unit prices submitted by the low tenderer Rankin Construction Inc. at
the trait price of $5,895,592.35, be accepted, and;
That staff be authorized to negotiate with Rankin Construction for the additional work on the
Portage Road Railway Bridge.
BACKGROUND:
The Tender Opening Committee, in the presence of the City Clerk, Dean Iorfida, opened tenders
on Tuesday, August 26, 2003 at 1:30 p.m. for the above noted contract.
Tender documents were picked up by twenty (20) Contractors and three (3) bids were received.
Listed below is a summary of the totalled tendered prices, excluding GST, received from the
MW-2003-154
Ed Dujlovic, P, Eng.
Director
*$5,895,592.35
*$7,117,294.92
Contractors, together with the corrected bids (*).
1. Rankin Construction Inc.(St. Catharines)
2. Hard Rock Construction Inc.(Pt. Colbome)
3. Norjohn Contracting Ltd.(Thorold)
$5,895,584.35
$6,639,475.05
$7,117,000.00
Working Together to Serve Our Community
Municipal Works Fire Services Parks, Recreation & Culture Business Development
September 8, 2003 2 MW-2003-154
The lowest tender was received from Rankin Construction Inc. in the amount of $5,895,592.35.
This Contractor has previously performed similar type projects for the Region of Niagara and
Ministry of Transportation. We are therefore, of the opinion, that this Contractor is capable of
successfully undertaking this project.
At present, there is still an issue with the Portage Road Railway Bridge. At the time of tendering,
answers were not available as to how we will remove the structure and restore the roadway.
Therefore staff is requesting the authority to negotiate with the low tenderer once the answers
become known. Staff will report back to Council with the results of the negotiation and seek
approval to move forward with the preferred option.
Financing:
The Engineer's estimate for this contract was $9,000,000.00
Project Costs:
Consultant
Awarded Contract
Portage Road Rail Structure et al
Net G.S.T. 3%
TOTAL
$ 330,330.00
$5,895,592.35
$2,000,000.00
$ 246,777.67
$8,472,700.02
Funding:
2003 Operating Budget
OLGC
Development Charges
$3,275,000.00
$3,100,000.00
$2,500,000.00
TOTAL $8,875.000.00
This project is scheduled to commence on as soon as possible, and all work to be completed by April
23, 2004.
ADDITIONAL QUESTIONS
There have been several additional questions raised as a result of the poll of Council, specifically
dealing with the structure on Portage Road. The following information is provided, which should
answer any outstanding concerns.
The work on the Portage Road Rail Bridge was not included in the Tender. Therefore, it
was not bid on by any contractor.
The $2,000,000 is for the worse case scenario. Obviously Staff is trying to find the least
expensive solution. If we had waited until the solution was found, we would have not been
able to tender until at least October.
3. The reason we cannot tender the bridge separately at a later date is the Ministry of Labour
September 8, 2003 3 MW-2003-154
regulations. If we have two contractors working at the same time in the same area then the
City becomes the General Contractor with all the associated liabilities.
With respect to the Oakes Inn (Kerrio) parking structure, in order to allow a proper
intersection alignment at Portage Road and the entrance to the Casino, a small portion of
the structure deck must be removed. Mr. Kerdo agreed to this as long as there was no cost
to him. This item was included in the tender and that portion of the works is being paid for
by the Casino.
Council's concurrence with the above recommendation made would be appreciated.
Prepare~d be:
D~h/jP. Eng.
Manager of Engineering Services
Respectfully submitted by:
;dCmDi°n~sa~xdat iv e Officer
Approved ~:
Ed Dujlovic, P. Eng.
Director of Municipal Works
The City of
Niagara Falls
Canada
Corporate Services Department
Finance Division
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
F-2003-40
Kenneth E. Burden
Dbector
September 8, 2003
His Worship, Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re: F-2003-40 - Municipal Accounts
RECOMMENDATION:
That Council approve the municipal accounts totalling $18,195,317.93 for the period ending
September 8, 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:
John MacDonald
Chief Administrative Officer
Approved by:
T. Ravenda
Executive Director of Corporate Services
Working Together to Serve Our Community
Clerks Finance · Human Resources Information Systems Legal · Planning & Development
Corporate Services Department
L-2003-56
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
R. O. Kallio
City Solicitor
Tel.:
Fax:
E-mail:
(905) 356-7521
(905) 371-2892
rkallio@city.niagarafalls.on.ca
September 8, 2003
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re:
L-2003-56
Establishment of Public Highway
Part 3 on 59R-12152
As Part of Montrose Road
Our File No.: 2003-248
RECOMMENDATION:
That a daylighting triangle, being Part 3 on Reference Plan 59R-12152 attached as Schedule "A",
be established as a public highway, to be known as and to form part of Industrial Street.
BACKGROUND:
As a condition of Land Division Committee approval, Swagelok Canada Ltd. conveyed a daylighting
triangle to the City. The subject lands are located on the south side of Industrial Street and shown
hatched on the plan attached. Staff is now recommending that the subject lands be dedicated as a
public highway to be known as and to form part of Industrial Street.
Pre,~ed by: /
City Solicitor
Tony Ravenda
Executive Director of Corporate Services
Respe.c. tfully submitted:
(/:~'~C,h'lef A'ad~i°r~sa~rCtative Officer
Working Together to Serve Our Co/nmunity
Clerks Finance Human Resources · Information Systems Legal Planning & Development
Industrial ~,,,,o., Street
64414-004,2(LT)
12
pNTI' 1
1.5
NOTES
N~_ FOUND MO~NUMENTATION SHOWN ON ~PHIS PLAN W,~ PLANTED
BY Motthewe. Comeron, Heywood -- Kerry T. Howe SURVEYING LTD
IMPERIAL NOTE
BEARING NOTE
.EGEND
LOT ~ 2,
REGISTERED PLAN 160
City of Niagara Falls
REGIONAL MUNICIPALITY OF NIAGARA
zE o. ¥. ~oo. ,qo' ~.=~o.
SURVEYOR'S CERTIFICATE
I CERTIFY TI4AT:
SCHEDULE "A ,,
The City of
Niagara Fa s
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-2003-57
R. O. Kallio
City Solicitor
September 8, 2003
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re'-
L-2003-57
Establishment of a Public Highway
Part 3 on 59R-11929
As Part of Dorchester Road
Our File No.: 2003-246
RECOMMENDATION:
That a road widening, being Part 3 on Reference Plan 59R-11929 attached as Schedule "A", be
established as a public highway, to be known as and to form part of Dorchester Road.
BACKGROUND:
As a condition of Land Division Committee approval, Joseph Palis conveyed a road widening to the
City. The subject lands are located on the west side of Dorchester Road and shown hatched on the
plan attached. Staff is now recommending that the subject lands be dedicated as a public highway
to be known as and to form pa~t of Dorchester Road.
Prej?~d by:
Law
City Solicitor
Tony Ravenda
Executive Director of Corporate Services
Respectfully submitte~d:
~ ~°~; f~]nDi°nins;[dati v e O f~l C e r
Working Together to Serve Our Community
Clerks Finance Human Resoumes Information Systems · Legal · Planning & Development
PART 2'
PART 1 PART ;3 ~
NO rE'-;
PART OF STAMFORD TOWN%IIIP
LO] 79
CITY OF NIAGARA FALLS
Ca~eron, Heywood Kerry '1' flowe
Surveying IJmil:ed
~:~ ~L__ :~=~ .....
SCHEDULE" -,.-.,
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-maih
(905) 356-7521
(905) 371-2892
rkallio~city.niagarafalls.on.ca
L-2003-58
R. O. Kallio
City Solicitor
September 8, 2003
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re:
L-2003-58
Release of'Site Plan Agreement
6505 Fallsview Boulevard
Our File No.: 2002-511
RECOMMENDATION:
That execution of an Application to Amend the Register and documents necessary for the purpose
of releasing and terminating an Agreement made between Cakes Drive Motel Limited and Michael
Ricci, the previous owners and The Corporation of the City of Niagara Falls, for the above-noted
property is hereby approved and authorized.
BACKGROUND:
In 1979 the City entered into an Agreement with Cakes Drive Motel Limited and Michael Ricci for
the property known as 6505 Fallsview Boulevard, being the subject lands herein.
The Agreement provides that the covenants contained therein bind the property for building
restrictions that are no longer required. Randy Boyce, solicitor for Michael Ricci, one of the
previous owners of the subject lands, has requested that the Agreement be released.
Working Together to Serve Our CommuniO;
Clerks Finance · Human Resources Information Systems · Legal * Planning & Development
- 2 - L-2003-58
Staff confirms that the 1979 Agreement is no longer required and may be terminated and removed
from the title to the property, at no cost to the City.
Prepare~y:
Respectfully submitted:
John MacDonald
Chief Administrative Officer
City Solicitor
Approved by:
T. Ravenda
Executive Director of Corporate Services
Corporate Services Department
L-2003-59
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
R. O. Kallio
City Solicitor
Tel.:
Fax:
E-mail:
(905) 356-7521
(905) 371-2892
rkallio@city.niagarafalls.on.ca
September 8, 2003
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re:
L-2003-59
Establishment of Public Highway
Part 3 on 59R-11595
As Part of Leonard Avenue
Our File No.: 2003-269
RECOMMENDATION:
That a road widening, being Part 3 on Reference Plan 59R-11595 attached as Schedule "A', be
established as a public highway, to be known as and to form part of Leonard Avenue.
BACKGROUND:
In 2002 Falls Masonry Limited conveyed a road widening to the City. The subject lands are located
on the east side of Leonard Avenue and shown hatched on the plan attached. Staff is now
recommending that the subject lands be dedicated as a public highway to be know as and to form
part of Leonard Avenue.
Law
City Solicitor
ip .
Tony Ravenda
Executive Director of Corporate Services
/.~espectfully submitted:
, ohn MacDonald
,ff~C°h~'~t'~dministrative officer
Working Together to Serve Our Community
Clerks Finance Human Resources · Information Systems Legal · Planning & Development
/07
~ J.l:lYd
/ I , %0% ...... L - ' ~-~ ,
[ZiuVa!
JO
SCHEDULE "/~"
The City of
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
r kallio@city.niagarafalls.on.ca
L-2003-61
R. O. Kallio
City Solicitor
September 8, 2003
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re:
L-2003-61
Haulage Road Trail
Encroachment Agreements
Our File No. 2002-84
RECOMMENDATION:
For the information of Council.
BACKGROUND:
In January, 2002, Matthews and Cameron prepared an Existing Conditions Plan for Parks,
Recreation & Culture which identified and confirmed numerous encroachments on the Haulage
Road Trail.
At its meeting of November 4, 2002, Council passed a resolution "that the City enter into
encroachment agreements with all landowners having encroachments along the Haulage Road and
that the homeowners be required to pay for all the incremental costs"
In January, 2003, Matthews and Cameron prepared a Reference Plan, for the purpose of registration
of the Encroachment Agreements on title which sets out that 38 homeowners encroach on the
Haulage Road Trail.
Working Together to Serve Our Community
Clerks Finance · Human Resources Information Systems · Legal Planning & Development
September 8, 2003 - 2 - L-2003-61
The disbursement costs associated with proceeding to prepare Encroachment Agreements for each
homeo~vner is set out as follows:
Services of Matthews & Cameron
Re: Existing Conditions Plan
Services of Matthews & Cameron
Re: Topographic Plan
Services of Matthews & Cameron
Re: Reference Plan
$ 8,248.63
993.39
7,998.24
Total $17,240.26
Therefore, each homeowner was charged their proportionate share, being $460.00, for the
preparation of all the plans required. In addition, each homeowner that agreed to enter into an
Encroachment Agreement with the City paid the following disbursements:
Preparation of Encroachment Agreement $ 300.00
Registration cost 60.00
Registry Office Charges, Teraview
Charges and Title Search Charges 75.00
Total $ 435.00
As a result of the foregoing, each homeowner that entered into an Encroachment Agreement with
the City paid the total sum of $900.00 to cover all incremental costs.
On February 18, 2003, all 38 homeowners were sent a registered letter together with an Option
Questionnaire as follows:
Option 1
Agree to completely remove the encroachment on the Haulage Road Trail by April 30, 2003.
Option 2
Agree to enter into an Encroachment Agreement with The Corporation of the City of Niagara Falls,
which will be registered on title; pay the sum of $900.00; and provide the appropriate Certificate of
Insurance showing The Corporation of the City of Niagara Falls as an additional insured.
September 8, 2003 - 3 - L-2003-61
Thc following sets out the chosen options of the 38 homeowners:
Remove encroachment 7 homeowners
Enter into Encroachment
Agreement 31 homeowners
To date, 30 homeowners have entered into Encroachment Agreements with the City and same have
been registered on title. Staff is awaiting receipt of one final outstanding Encroachment Agreement.
Staff has attended the properties of those 7 homeowners wishing to remove their encroachments and
to date, 2 homeowners have removed same and 5 still exist without Encroachment Agreements.
Staff is proceeding to work with these homeowners to resolve this issue.
This update is given to Council for information purposes and to advise Council of the status of this
matter.
Prep d by:
Law Clerk
ec~by:
City Solicitor
Respectfully submitted:
V~°hl~e fM'Aacdn~i°nI~lt rdat iv e Officer
Approved by:
T. Ravenda
Executive Director of Corporate Services
/mm
Corporate Services Department
Tel.:
Fax:
E-mail:
Legal Services
4310 Queen Street
P.O. Box 1023
Niagara Falls, ON L2E 6X5
www.city.niagarafalls.on.ca
(905) 356-7521
(905) 371-2892
r kallio@city.niagarafalls.on.ca
L-2003-63
R.O. Kallio
City Solicitor
September 8, 2003
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re:
L-2003-63
Agreement with Niagara Regional Police Services Board
re Regulation of Live Adult Businesses By-law
Our File No. 2002-507
RECOMMENDATION:
That the Agreement attached as Schedule "A" be approved whereby the City of Niagara Falls
delegates to the Niagara Regional Police Services Board the power to licence, regulate and govern
Adult Entertainment Parlours in the City of Niagara Falls.
BACKGROUND:
In 1997 the City and the Niagara Regional Police Services Board (the "Board") entered into an
Agreement whereby the City delegated to the Board the power to licence, regulate and govern Adult
Entertainment Paflours in the City of Niagara Falls. This arrangement has worked extremely well.
As the City has now passed By-law No. 2002-197, the Live Adult Businesses by-law, it is necessary
to enter into a new Agreement to continue the arrangement.
The Agreement attached as Schedule "A" is similar to the 1997 Agreement and basically delegates
to the Board thc authority that the City has in governing Adult Entertaimnent Parlours. We have
been advised by the Board that it will also take over jurisdiction of Body Rub Parlours but we have
Clerks Finance
Working Together to Serve Our Community
Human Resoumes Information Systems Legal · Planning & Development
September 8, 2003
not yet been ~vised
Ra~'K~lli'o
City Solicitor
-2-
of the transfer date for the delegation.
Respectfully submitted:
John MacDonald ~'-
Chief Administrative Officer
L-2003-63
Approved by:
T. Ravenda
Executive Director of Corporate Services
ROK/sm
Attachment
SCHEDULE "A"
THIS AGREEMENT made the 8th day of September, 2003.
BETWEEN:
THE CORPORATION OF THE CITY OF NIAGARA FALLS
(Hereinafter called the "Municipality")
OF THE FIRST PART;
THE REGIONAL MUNICIPALITY OF NIAGARA
POLICE SERVICES BOARD
(Hereinafter called the "Board")
OF THE SECOND PART.
WHEREAS by agreement dated December 8, 1997, the Municipality retained the services of the
Board for the administration, inspection and enforcement of the Municipality's By-law No. 97-
249 licencing and regulating adult entertainment parlours;
AND WHEREAS on November 4, 2002, the Municipality enacted By-law No. 2002-197 relating
to the licencing and regulating of live adult businesses in the City of Niagara Falls and repealed
By-law No. 97-249;
AND WHEREAS the Municipality wishes to continue to retain the services of the Board for the
administration, inspection and enforcement with respect to Adult Entertainment Parlours
regulated under By-law No. 2002-197 and for that purpose has requested that the Board continue
to provide these services;
AND WHEREAS the Board has agreed to provide administration, inspection and enforcement
services described in Schedule "A" attached hereto to the Municipality through the Licencing
Department of the Police Service and its Issuer of Licences;
AND WHEREAS it has been agreed by the parties hereto that the administration, inspection and
enforcement services described in Schedule "A" attached hereto shall be provided by the Issuer of
Licences and the Licencing Unit to the Municipality upon the terms and conditioos set out herein;
-2-
NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the terms
and conditions herein contained, the parties hereto hereby covenant and agree as follows:
Definitions
"Board" means the Police Services Board for the Regional Municipality of Niagara
appointed pursuant to Part III of the Police Services Act_;
"By-law" means by-law number 2002-197 regulating live adult businesses, owners,
operators and entertainers enacted by the Council of the Municipality pursuant to Section
225 of the Municipal Act, R.S.O. 1990, c.M.45, as amended;
c. "Clerk" means the Clerk of the City of Niagara Falls;
"Issuer ofLicences" means the Sergeant in charge of the Licencing Unit of the Niagara
Regional Police Service.
"Participant Municipality" means an area municipality within the Regional Municipality
of Niagara which has passed a by-law consistent with other by-laws regulating and
licencing adult entertainment parlours.
Services
1.01
(a)
The Board shall provide to the Municipality those services described in
Schedule "A" relating to Adult Entertainment Parlours attached hereto and entitled
"Terms of Reference". The parties agree that the provision of administration,
inspection and enforcement services with respect to body rub parlours licenced
under By-law 2002-197 will require an amendment to this agreement.
(b)
The services with respect to Adult Entertainment Paflours described in Schedule
"A" shall be provided by the Issuer of Licences together with the members of the
Licencing Unit and/or other members of the Police Service as the Issuer may
determine, from to time, is necessary to complete the terms of this Agreement.
1.02
The Municipality and the Board may amend or alter the services described in
Schedule "A" attached hereto subject to any such amendment or alteration being in
accordance with the terms and provisions of the By-law. Any such amendment or
alteration shall be agreed upon in writing by the parties.
1.03
The Board shall be responsible for all expenses incurred by it related directly or
indirectly to the performance of services pursuant to this Agreement, including;
(a) ail administrative costs associated with the application for and the issuance
oflicences;
-3-
(b) all costs, including legal costs, associated with:
(i) the refusal to issue a licence and any appeal therefrom;
(ii) the revocation of a licence and any appeal therefrom; or
(iii) any prosecution based upon an alleged breach of the By-law.
1.04
Where an application for judicial review is made in respect of the By-law, Section
1.03 above may not apply. The parties hereto, together with any other
municipality within the Regional Municipality of Niagara wishing to participate,
may, by separate agreement, jointly determine and agree as follows:
(a) how to proceed with a response to any such proceedings; and
(b) how to apportion the costs associated with any such proceeding.
1.05
The Board's agreement to accept any costs, including legal fees, relating to matters
set out in paragraph 1.03 above, is subject to and conditional upon the
Municipality's agreement and consent to engage legal counsel of the Board's
choice. Should the Municipality chose to engage it's own legal counsel, it shall
bear any subsequent costs associated therewith.
1.06
Where any challenge is made to the by-law with respect to location and/or zoning
or the municipality's limit on the number of adult entertainment parlours which
may operate in the jurisdiction, sections 1.03, 1.04 and 1.05 above do not apply but
rather the municipality shall be responsible for all expenses incurred by any such
challenge.
Consideration
2.01
As compensation for services provided pursuant to this Agreement, the
Municipality agrees to pay the Board for services rendered an amount equal to the
amount of licencing fees collected and fines paid upon conviction for offences
under the By-law during the term of this Agreement.
2.02
The Board, by its Issuer of Licences, agrees to maintain, on behalf of the
Municipality, records of all licences, licence applications, refusals and revocations
as well as by-la~v prosecutions.
2.03
The Board, by its Issuer of Licences, agrees to provide the Municipality an annual
report setting out the licences issued, refused or revoked, together with the results
of any completed prosecution under the By-law.
-4-
2.04
The Board shall pay to the municipality the sum of One Thousand Dollars
($1,000.00) for each adult entertainment parlour licenced in the municipality to
compensate the municipality for municipal costs associated with the circulation of
and comment on an application.
Confidential Information
3.01
The Municipality and the Board acknowledge that they may be in possession of
confidential documentation, material or other property as a result of the provision
of services under this Agreement. The parties shall therefore maintain the
confidentiality of such information which shall only be used for the purposes of
carrying out the objectives of this By-law or as may be required by law.
Relationship
4.01
It is understood and agreed that at all times the Board, the Issuer of Licences and
any other Board employee, servant or agent who may from time to time carry out
the services hereunder on behalf of the Municipality shall not be deemed to be an
employee of the Municipality.
Communication Between Parties
5.01
Any communication with respect to this Agreement or the application thereof shall
be made between the Clerk or the Issuer of Licences.
Indemnification
6.01
The Board hereby agrees to at all times indemnify and save harmless the
Municipality, its officers, employees, servants and agents from and against any and
all claims, suits, proceedings, actions, causes of actions, demands, expenses, and
costs arising or to arise, either directly or indirectly, as a consequence of
negligence on the part of the Issuer of Licences or other Board officers, employees,
servants or agents, who may from time to time carry out the services under the
provisions of this Agreement on behalf of the Municipality.
ReciprociW of Licences
7.01
The Municipality hereby agrees that an Entertainer or Operator who is granted a
licence in respect of a Participant Municipality may perform in an Adult
Entertainment Parlour in Niagara Falls without obtaining an additional licence
under this By-law.
-5-
Entire Agreement
8.01
This Agreement and the Schedule hereto and forming a part hereof set forth all the
covenants, agreements and conditions between the Board and the Municipality and
there are no other covenants, agreements or conditions or representations either
oral or written between them other than are herein and in the attached Schedule.
Partial InvaHdit~
9.01
If any term, covenant or condition of this Agreement or the application thereof
shall to any extent be invalid or unenforceable, the remainder of this Agreement
and/or the application of such term to circumstances other than those as to which it
is held invalid or unenforceable, shall not be affected thereby and each term or
condition of this Agreement shall be separately valid and enforceable to the fullest
extent permitted by law.
Termination
10.01
The Municipality or the Board may terminate this Agreement upon Ninety (90)
days notice in writing to the other party.
10.02
Should such termination occur before or after licences have been issued or
renewed, a pro rata reimbursement by the Board to the Municipality shall be
determined and agreed upon between the parties taking into account expenses
incurred by the Board in such issuance or renewal of licences.
THE CORPORATION OF THE CITY
OF NIAGARA FALLS
Per:
Wayne Thomson, MAYOR
Dean Iorfida, CLERK
REGIONAL MUNICIPALITY OF NIAGARA
POLICE SERVICES BOARD
Per:
CHAIR
EXECUTIVE DIRECTOR
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SCHEDULE "A"
TERMS OF REFERENCE
Services to be provided by the Regional Municipality of Niagara Police Services
Board in respect of Adult Entertainment Parlours regulated and licenced under City of Niagara
Falls By-law 2002-197:
ADMINISTRATIVE SERVICES WILL INCLUDE:
* receipt of and processing of Applications for Licences under the By-law;
* circulation of Applications for Licences to various agencies as set out in the By-law;
* obtaining criminal records for Applicants;
* issuance of Licences and photo cards;
* maintenance of records relating to Applications and Licences;
* provision of copies of relevant By-laws upon request;
* issuance of Notices of Revocation and/or Refusal;
* provision of reports to Council upon revocation or refusal and all documents related to any
such file;
co-ordination with the Clerk of the Municipality for hearing dates;
attendance at municipal Council for hearings as a result of the revocation or refusal of a
Licence;
issuance of a Notice of Decision to the Applicant upon final decision with respect to a
Licence Application or Revocation to an Applicant or Licensee;
conduct of an annual public meeting on behalf of Council to consider input into the By-
law, the administration, inspection and enforcement thereof;
all communication with members of the press;
review and response to any inquiries and complaints xvith respect to the By-law, the
administration, inspection or enfbrcement thereof';
supply of the register referred to in the By-law.
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* conduct of hearings before Council of the Municipality in relation to the refusal or
revocation of a Licence;
* conduct of any appeals before the Divisional Court in respect to Council's refusal or
revocation of a Licence;
* establishment of a working relationship with the industry to address industry and public
concerns over the licencing of Adult Entertainment Parlours;
INSPECTION SERVICES WILL INCLUDE:
* scheduled and unscheduled inspection of Adult Entertainment Parlours during operating
hours;
* scheduled and unscheduled inspection of Owner, Operator and Entertainer Licences;
* periodic inspection of the register maintained pursuant to the By-law;
ENFORCEMENT SERVICES WILL INCLUDE:
* conduct investigations of alleged breaches of the By-law;
* achieve compliance with the By-law through resolution of breaches or prosecution;
* institution of prosecutions for breaches of the By-law including attendance before a
Justice to have Information sworn;
* service of any Summons to compel appearance of a Defendant before the Courts;
* attendance at all Court appearances;
* conduct of guilty pleas and/or trials under the Provincial Offences Act for breaches of the
By-law;
* conduct of appeals under the Provincial Offences Act resulting from prosecutions under
the By-law;
* a report to the City with respect to the disposition of any prosecution under the By-law.
The City of Niagara Falls, Ontario
Council Chambers
No.
September 8, 2003
Moved by Alderman
Seconded by Alderman
WHEREAS in accordance with the provisions of the Liquor Licence Act, Mr. Alex Markakis has
applied to the Alcohol and Gaming Commission of Ontario for a licence to sell liquor at the premises
known municipally as 4437 Queen Street; and
WHEREAS 4437 Queen Street is the same premises as 4439 Queen Street, the location of a
formerly licenced establishment known as "Cell Block" (or "Anaconda");and
WHEREAS this is the same location for the proposed "Electrowerkz Caf6", an establishment for
which the Alcohol and Gaming Commission refused a liquor licence on or about April 20,2001; and
WHEREAS the Alcohol and Gaming Commission imposed a two-year prohibition from issuance
ora liquor licence at this location from 2001 until April 2003; and
WHEREAS the issuance a liquor licence at 4437 Queen Street is not in the public interest having
regard to the needs and wishes of the residents of Niagara Falls; and
WHEREAS Council supports the refusal of a liquor licence at 4437 Queen Street, and wishes to
show such support by means of a Resolution, as permitted by the Liquor Licence Act;
THEREFORE BE IT RESOLVED that a liquor licence at 4437 Queen Street is not in the public
interest having regard to the needs and wishes of the residents of Niagara Falls and should, therefore,
be refused.
AND The Seal of the Corporation be hereto affixed.
DEAN IORFIDA WAYNE THOMSON
CITY CLERK MAYOR
The City of Niagara Falls, Ontario
Council Chambers
No.
September 8, 2003
Moved by Alderman
Seconded by Alderman
WHEREAS the international border influences tourism, law enforcement and the economy of the
Niagara Region; and
WItEREAS being a border community, the expeditious flow of traffic and goods over the
international bridges is important; and
WHEREAS ensuring that individuals with criminal records or dishonourable intent are prohibited
from entering the country, is also a priority; and
WHEREAS the goals indicated above are accomplished through sufficient manpower at the
international bridges, especially at the Primary Inspection Booths; and
WHEREAS in 2000, the Federal Government added 70 additional officers to the Niagara River
crossings; and
WHEREAS recent projections from Canada Customs and Revenue Agency seem to indicate a
decrease in money budgeted to border operations; and
WHEREAS if these projections are based on this year's visitors figures, they can be viewed as an
anomaly based on extraneous factors such as SARS; and
WHEREAS in the last month there has been a substantial increase in visitors and cross border
traffic; and
WHEREAS the increase in traffic has resulted in lengthy delays in crossings into Canada because
of insufficient Primary Inspection Booths being opened; and
WHEREAS the Rainbow Bridge Plaza was recently expanded and there are plans for expansions
to the plazas at the Queenston-Lewiston and Peace Bridges; and
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WHEREAS such expansions will be futile if there are not enough Custom officers to man the
Primary Inspection Booths, especially during peak hours; and
WHEREAS insufficient staffing levels at the international bridges will have a negative impact on
the tourism and commercial sectors of the Niagara Region.
THEREFORE BE IT RESOLVED that the Federal Government, specifically the Minister of
National Revenue, be petitioned to ensure that staffing levels at the Niagara River bridges are
sufficient to ensure the expeditious flow of goods and traffic across the border; and
FURTHER BE IT RESOLVED that staff levels at the International Bridges on the Niagara River
not decrease to pre-2000 levels; and
FURTItER BE IT RESOLVED that this resolution also be forwarded to the area M..P's and the
Councils of Fort Erie and Niagara-on-the-Lake.
AND The Seal of the Corporation be hereto affixed.
DEAN IORFIDA WAYNE THOMSON
CITY CLERK MAYOR
Barry $. Swartz
William G. Mayne, Jr.
Robert E. Lewis
Nancy J. Mclntosh
Dalton L Lindsay
Nick Ricci
Christine Whyte
Thomas E. Garleck
General Manager
August 12, 2003
The Honourable Elinor Caplan
Minister of National Revenue
6o" Floor
555 MacKenzie Avenue
Ottawa, Ontario K1A 0L5
Dear Minister Caplan:
I wish to share with you the concern of the Niagara Falls Bridge Commission regarding Canada
Customs & Revenue Agency budget support for border operations generally, and the Niagara
Region in particular. You were most kind in sending along the annual report of CCRA, but the
future projections in support of border operations appear to be declining.
In 2000, the Government of Canada announced that 70 FTE positions would be added to the four
Niagara River crossings, with half the allocation to be deployed at the Peace Bridge and the
remaining 35 positions to be allocated to the Rainbow, Queenston-Lewiston and Whirlpool
Rapids Bridges. This commitment paid significant dividends in the 2001 tourism season by
expediting entry to Canada, with no sacrifice in enforcement of the nation's laws. The
Commission was most pleased that after expending $40 million to construct the new Rainbow
Bridge Plaza, creating 15 primary inspection lanes for processing visitors to Canada, the
Government had responded with resources to staff them. The added staff at Queenston ensured
that this important commercial crossing was able to support growing Canada-US trade volumes.
Unfortunately, these staffing levels appear to be reversing.
The NFBC has noted a decline in the number of personnel available to staff the primary lines at
Rainbow and Queenston-Lewiston. While this has not been catastrophic in this year of
decreased tourism, this past weekend saw queues stretching more than a kilometer into the US
awaiting entry to Canada. Niagara Falls, NY police find this to be dangerous, just as we find the
queues on Highway 405 by trucks awaiting entry to the US to be a great safety concern.
As you are aware, the Government of Canada and the Province of Ontario have made an
extraordinary investment in reviving the tourism industry across the nation, particularly in
Toronto and the Niagara Region. The Commission is convinced that this will produce results,
but is most concerned how visitors will react if they find lengthy delays at the border.
Main PO. Box 1031
Niagara Falls, New York 14302
Phone: (716) 285-6322
Fax: (716) 282~3292
P.O, Box 395
Niagara Falls, Ontario L2E 6T8
Phone; (905) 354-5641
Fax: (905) 353-6644
08/12/2~03 13:46 FAX 716282~292
Niagara Fall Bridge Comm
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The Honourable Elinor Caplan
- 2 - August 12, 2003
The Niagara Falls Bridge Commission is working toward a decision to completely rebuild the
Quecnston Plaza of the Queenston~Lewiston Bridge at a projected cost to the Commission of $50
million. The preliminary plans have been formed in partnership with CCRA to ensure the most
efficient configuration possible. However, before making that significant monetary
commitment, it will be important to be assured that there will be adequate staffing resources to
capitalize upon the investment.
Minister, the men and women of CCRA do an important job well here at Niagara, and we value
our partnership with them. However, if staffing levels decline below that of 2001, we are
concerned that the impact upon our Region's tourism and commercial sectors will be
devastating. I ask that you and your colleagues examine this issue to ensure an appropriately
staffed border that is prepared to support trade, enforce the laws and welcome Canada's visitors,
and its returning citizens, in the years to come. I look forward to sharing your thoughts with the
Commissioners.
Sincerely,
Thomas E. Garlock
General Manager
TEG/sp
cc: MP Gm'y Pillitt~i
~ John Maloney
MP Walt Lastewka