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Additions to Council June 11/07ADDITIONS TO COUNCIL. MONDAY, JUNE 11.2007 COUNCIL Email regarding presentation to Niagara Falls Red Raiders - to be rescheduled. 2. Re: PD-2007-42: Memo from Planning outlining resolution of outstanding issues regarding application. 3. Resolution requesting the Region issued debentures in accordance with the City's Capital Projects for 2007. BY-LAWS 2007-120 Revised version of by-law as reflective of memo from Planning noted above (#2). 2007-124 A by-law to authorize the execution of an Agreement with Niagara Waste Systems Limited and The Corporation of the City of Niagara Falls respecting the compensation payable by Niagara Waste Systems Limited to the City for hosting the South Landfill. Page 1 of 1 Dean Iorfida -Council -Red Raiders From: Lori Albanese To: Dean Iorfida Date: 6/8/2007 3:12 PM Subject: Council -Red Raiders CC: Bill Matson; Carey Campbell Hi Dean, Unfortunately, the Niagara Falls Red Raiders Bantam Boys Basketball Team is unable to attend Council on Monday. We are waiting for their Coach, Dave Goulet, to provide further information and another preferred date for Council. I will contact you once I have the information from Dave. Thanks Lori Lori-Lyn Albanese Community Development Coordinator Parks, Recreation & Culture City of Niagara Falls 7150 Montrose Rd., Unit 1 Niagara Falis, ON L2H 3N3 Phone: 905-356-7521 ext. 3332 Fax: 905-356-7404 file://C:\Documents and Settings\di202\Local Settings\TemplXPGrpWise\466971D3Domai... 6/8/2007 Community Services Department Planning and Development Inter-Department Memorandum Niagara,Falls TO: Dean Iorfida DATE: June 8, 2007 City Clerk FROM: Doug Darbyson Director of Planning & Development Ext. 4230 RE: Staff Report, PD-2007-42 AM-40/2006, Zoning By-law Amendment Application 4025 Dorchester Road (Monroe Plaza) Report to Council's Inquiries Respecting the Approval of a Zoning By-law Amendment Application Council has before it tonight the above noted staff report, responding to Council's inquiries on matters related to the approval of an expansion to Monroe Plaza. This memo specifically deals with the recommendation, that a 10 metre (33 foot) distance separation be provided between the proposed restaurant drive through facility and the abutting properties as contained in Staff Report PD-2007-42. Since the writing of this report, staff have had a further opportunity to meet with the applicant and his agent. The applicant has revised the plan (attached as Schedule 1) which identifies minor changes to the drive through facility. Most notably, the speaker box for the drive through facility has been relocated and is now set back more that 10 metres from the nearest residential property. Planning staff are of the opinion that the original recommendation of setting the drive through back at least 10 metres from residential properties would be an effective method of mitigating impacts on abutting residential properties. However the applicant's latest proposal should also mitigate the impacts of the drive through, as follows: Some of the noise impacts of the drive through are mitigated by setting the speaker box back 10 metres from the property line. As can be seen in the attached schedule, residences to the southwest are partially screened from the speaker box by proposed Building "C". In addition, a significant amount of the queueing for the drive through will be located beside the speaker box, more than 10 metres away from the nearest residential property. This separation distance should also mitigate the impacts of noise and fumes from these cars. The drive through lane will be about 1.2 metres (4 feet) below the ground elevation of the abutting residential properly. This lower elevation will help to mitigate visual impacts of the drive through. The applicant is also proposing extensive coniferous tree planting along the south property line which may help to further mitigate visual and noise impacts. Working Together to Serve Our Community Clerks Finance Human Resources lnfomtation Systems Legal Planning & Development Mr. Dean Iorfida -2- June 8, 2007 A 2.4 metre (8 foot) high solid wood fence is proposed along the south property line to buffer the adjacent residences. The applicant is amenable to providing this fencing, along the drive through, at a standard that will provide noise attenuation to mitigate noise impacts from the vehicles and the speaker box. Implementing the above noted measures will assist in mitigating the impacts on abutting properties. The draft by-law, on tonight's agenda, has been revised to require a 10 metre setback for the speaker box from the south property line, require a 2.4 metre high solid wood fence along the south property line and to secure the proposed elevation of the drive through lane. Through the site plan stage, details of the landscaping and noise attenuation in fencing are to be determined. In conclusion, Planning staff do not object to the drive through facility configuration shown in the attached schedule, provided the above noted measures are implemented. .~ ~~~~- ~ ~~ AB:cb v S:~PDR1200TAM-40-2006, PD-2007.42 D. Iorfida mem.wpd ,:: /~` ~~ I I I ~I I mn I _~ -------- a~ - -- - - --- -~-_- -~ ~`. THORO~D- STONE ROAD - I „~. ~,~~ I wmauwmn~wYm COp' ~ `~ /~ memawnmxaro emmocruvmuru exnwxuwoorK ovmocmaue _ __ _ _ ~"O __ _ __ _ _ ! - awiwxvaxr + ___-__ mnxomxnsewex ____ - _. "- - ___ -.. _ - _ -_ -_ .. L _~ .. - _ - _ _ - _ _ - . wxn~N n; A Exlsnr+c PLAZA ~ t ~ ® ~ PROPOSED NEW PLAZA ,~ V O ~. SCHEDULE 1 O I~~~!I i I ~ ~ ` ~ ~ , ?3 ~~ ~~ 1 ~.~_ BUILDING'C' PROPOSED 1 STOREY BUILOINO AREA:839.6 p.m. A ~ ~ ~ ~ r . _ I __ °~` ~ N°"~` ~~` f- »~,c~oaB I ~ I ~TVNfWI.Y ~ 1l .~ ~ w I ~ Q I o I ~~ I ~ I ~~ It ' ' ;~ ~ BUILDING A $$§ EXI6TIN018fOREY BUILOINO g '610NROE PLA7A' i 8 ~ ~ 4M6 WRCNESTER ROAD W i AREA: 7,664.5 p.m. ~ W ~ro~w.r I ww :~u rrrsswnmc ~ Yowxoaumea ~ 8 O yyy WlY1Ci1fY.VY M0.~..II~OIUIL Q 6 Y B Y~ ~ MIDI ~ tt ~Mf~OMf I - I ~ '~ ~ ~ 4 c mnwcaxe.aw~`a ~ d a ~ 8 y m:recY.m ~ ~ .. 9 _ ~ »,w~; ,~ omareamrem :~w ,~,...rMY~, I I >oe E 5 E ~ E i e Pm.wmw~ msrc~ewxumiw 6 I am nue ~(meernu~m /~ 6 ~ -___-~ F ' I ~ mc.,~Y.,r ~ { 1 ,~., ~ I + , o %,m~,.~.ro. o ~ ~ ` ~ '""^~" ^ EXISTING a w e _ ____ _ w -. - "~ _ ,!4 II PLAZA mtrwe „, ~~ I ~ .«m..s~~_~ _ i I - --- © ~'~ ~~ ~ ~ + ~ \ I PROPOSED ~ ~ ~ NEW PLAZA Q 1 l ~ e i I I ~ BUILDING B' ''' ~ I I PROPO6E0 7 3TOREY 6UILOINO ~ ~ AREA: 333.3 p.m. ~ I , 4p p -xr~aoswaasum °d0 I ~ i E S I rra~.i ~ _, ~ ~ kk I I ~exmerxww.u ®~ -' i ~ ~I I I I I I -r ~ ~ ~ ~ ~ I The City of Niagara Falls, Ontario Council Chambers No. Moved by Councillor Seconded by Councillor June 11, 2007 BE IT RESOLVED THAT the Council of the Corporation of the City of Niagara Falls hereby requests The Regional Municipality of Niagara to issue debentures in accordance with the terms and amounts set out below, and further, that the City confirms that it has entered into a contract for or authorized the commencement of all works herein listed: Financing Retirement Capital Account No. Capital Project Description Request Term 12-3-730008-030000 Parks, Recreation & Culture - $ 275,000 10 Years Chippawa Arena Roof 12-3-420006-030000 Municipal Works -High Rate 200,000 10 Years Treatment 12-3-210019-030000 Fire Services -Aerial Truck Purchase 800,000 10 Years 12-3-210032-030000 Fire Services -Station 6 Replacement 800,000 10 Years 12-3-210037-030000 Fire Services -Rescue 2 275,000 10 Years 12-3-210041-030000 Fire Services -Rescue & Aerial Equipment 40,000 10 Years 12-3-330001-030000 Transportation Services -Transit Coaches 430,000 10 Years $2,820,000 AND The Seal of the Corporation be hereto affixed. DEAN IORFIDA R. T. (TED) SALCI CITY CLERK MAYOR CITY OF NIAGARA FALLS By-law No. 2007- A by-law to amend By-law No. 79-200, to permit the expansion of a neighbourhood commercial development and to repeal By-law Nos. 90-220 and 2005-07. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Sheet C3 of Schedule "A" to By-law No. 79-200 is amended by redesignating from NC and numbered 270 in part and R4 and numbered 271 in part, to NC and numbered 270, the land on the southwest corner of Thorold Stone Road and Dorchester Road, being Part of Township Lot No. 79, in the former Township of Stamford, more specificallyknown asPart 1 according to Reference Plan 59R-7311, now in the City of Niagara Falls, in the Regional Municipality of Niagara and shown hatched and designated NC and numbered 270 on the plan Schedule 1, attached to and forming part of this by-law. 2. Notwithstanding the provisions of clauses (c), (d), (e), (f) and (h) of section 8.1.2 of By-law No. 79-200, no person shall use the land described in section 1 of this by-law and shown hatched and designated NC and numbered 270 on the plan Schedule 1 attached hereto, or erect or use any building or structure thereon, except in compliance with the following regulations: (a) Minimum rear yard depth (i) for a building or structure (ii) for a speaker box associated with adrive-through facility 7.5 metres 10 metres (b) Minimum interior side yard width (i) within 50 metres of the south lot line 7.5 metres (ii) for beyond 50 metres of the south lot line (c) Minimum exterior side yard width (d) Maximum building area (e) Minimum landscaped open space 12 metres 14 metres 2,850 square metres 20% of the lot area, which shall include the landscape strips having the prescribed widths in the following locations: -2- (i) along and adjacent to the interior side lot line within 50 metres of the rear lot line (ii) along and adjacent to the interior side lot line between 50 metres and 74 metres north of the rear lot line (iii) along and adjacent to the rear lot line within 30 metres of the interior side lot line (iv) along and adjacent to the rear lot line within 58 metres of the exterior side lot line (v) along and adjacent to the exterior side lot line within 30 metres of the rear lot line (f) Maximum Geodetic Survey of Canada Elevation of a laneway associated with a drive-through facility (g) Minimum fencing 7.5 metres 6.0 metres 7.5 metres 4.0 metres 6.0 metres 195 metres above sea level a solid wood fence shall be erected along any lot line that abuts a residential property. The fence shall be a minimum of 1.8 metres in height except along and adjacent to the rear lot line within 80 metres of the interior side lot line, where it shall be a minimum of 2.4 metres in height 3. Section 19 of By-law No. 79-200 is amended by adding thereto the following: 19.270 Notwithstanding the provisions of clauses (c), (d), (e), (f) and (h) of section 8.1.2 of By-law No. 79-200, no person shall use the land on the southwest comer of Thorold Stone Road and Dorchester Road, designated NC and numbered 270 on Sheet C3 of Schedule "A", or erect or use any building or structure thereon, except in compliance with By-law No. 2007- 4. Sections 19.1.270 and 19.1.271 of By-law No. 79-200 are deleted and By-law Nos. 90-220 and 2005-07 are repealed. 5. Section 19.1.318 of By-law No. 79-200 is amended by deleting the phrase "By-law No. 90- 220" in the second last line and "By-law No.2007-_" is inserted in lieu thereof so that the section shall read as follows: -3- "Notwithstanding section 17.1, no person shall use the land on the south side of Thorold Stone Road being part of Township Lot 79 of the former Township of Stamford, now in the City of Niagara Falls, designated P and numbered 318 on Sheet C3 of Schedule "A", for any purpose except a parking lot, consisting of a surface parking area to be used in conjunction with the land shown hatched and designated NC and numbered 270 on plan Schedule 1 to By-law No. 2007-~ except in compliance with By-law No. 92-134." Passed this eleventh day of June, 2007. ........................................................ DEAN IORFIDA, CITY CLERK ..................................................................... R. T. (TED) SALCI, MAYOR First Reading: June 11, 2007 Second Reading: June 11, 2007 Third Reading: June 11, 2007 CITY OF NIAGARA FALLS By-law No. 2007 - A by-law to authorize the execution of an Agreement with Niagara Waste Systems Limited and The Corporation of the City of Niagara Falls respecting the compensation payable by Niagara Waste Systems Limited to the City for hosting the South Landfill. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An Agreement made between The Corporation of the City of Niagara Falls as City and Niagara Waste Systems Limited as NWSL, respecting the compensation payable by Niagara Waste Systems Limited to the City for hosting the South Landfill, subject to the terms and conditions as set out in the Agreement attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the said Agreement. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said Agreement. 4. This by-law will come into force when the Agreement has been properly executed by NWSL. Passed this eleventh day of June, 2007. ........................................................ DEAN IORFIDA, CITY CLERK ..................................................................... R. T. (TED) SALCI, MAYOR First Reading: June 11, 2007. Second Reading: June 11, 2007. Third Reading: June 11, 2007.