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Additions to Council June 25/07 ADDITIONS TO COUNCIL, MONDAY, JUNE 25, 2007 COMMUNITY SERVICES 1. MW-2007-76 Revised Police Request Road Closure -Centre Street -July 1, 2007 weekend COUNCIL 1. Correspondence from Jeffrey Wilker, Thomson Rogers RE: Warren Wood PD-2007-46 2. Email from Eric Gillespie confirming request to speak RE: L-2007-19 INFORMATION 1. Doreen Drive/CN Rail June 25, 2007 MW-2007-76 Revised Niagara~alls CANADA Councillor Carolynn loannoni, Chair and Members of the Community Services Committee City of Niagara Falls, Ontario Members: Re: MW-2007-76 Revised Police Request Road Closure -Centre Street -July 1, 2007 weekend RECOMMENDATION: That the following report be received for the information of Council. BACKGROUND: This year, the July 1, 2007 weekend will again coincide with the July 4, 2007 holiday weekend in the United States. Traffic congestion in the tourist core in previous years has been extreme, with up tothree-four hour delays in traffic movement on Clifton Hill. Niagara Regional Police in being proactive are identifying that the closure of Centre Street will . assist by eliminating traffic turning movement, and increase traffic flow. Traffic, at Police discretion, on Victoria Avenue will be restricted to north and south bound movement, with the exception of north bound traffic turning east on to Clifton Hill in the dedicated right hand turning lane. Municipal crews will provide barricades to be used at Police discretion at any time from Friday June 29, 2007 in late afternoon until Tuesday July 3, 2007. Police will detour traffic back to Walnut and Ellen Avenues as needed. Staffwill advise all emergency services and transit. Copies of the original report have been distributed to the local Business Improvement Areas for their information. Police and City staff met with the local BIA on Wednesday, June 20, 2007 and received valuable input from the local businesses. At this time, a revision to the complete closure of Centre Street was agreed upon, and Police will close at their discretion. Both the BIA's and the Police have been invited to attend tonight's meeting. 1l' Community Services Department Working Together to Serve Our Community Municipal Works ,,x. June 25, 2007 - 2 - MW-2007-76 Revised Recommended by: Karl Dren, Director of Transportation Services Approved by: Ed D ' ovic, Exe utive D- irector of Community Services Respectfully submitted,':r" L/~~ for John MacDon d, Chief Administrative Officer 5. Wheeler S:lTPS1TPS 1.00 AdministrationlTPS 1.06 Reports12007 Community Services106 Jun 251MW-2007-76 Revision Police Request Road Closure -Centre Street.wpd Thomson Jeffrey J. Wilker 416-868-3118 jwilker@thomsonrogers. com ¦ Rogers SENT BY Email and FAX June 25, 2007 Mr. Doug Darbyson Director of Planning and Development City of Niagara Falls Planning Department P.O. Box 1023 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Dear Mr. Darbyson: Cytec Canada re Warren Woods Our File No. 050225 We are the solicitors for Cytec Canada Inc. ("Cytec") with respect to the above proposal. I~ We have received a copy of the City's notice with respect to "Warren Woods" Draft Plan of Subdivision; File 26T-96001 (Revised) & 26T-11-2006-02 regarding a public meeting to be held on Monday, June 25, 2007. The public meeting deals with a proposed subdivision to be located only on the Subject Lands as set out in Schedule "1" of the notice. We ask that this letter be provided to Council for its consideration as part of the public meeting process. Cytec owns approximately 1000 acres north of the Welland River. Its lands front on Garner Road. Cytec operates its phosphine plant from this location. Cytec wishes to ensure that any development being approved in the vicinity of Cytec, such as the proposed development, does not compromise the ability of Cytec to utilize its lands for the Heavy Industrial uses for which its lands are zoned, including its phosphine plant. Cytec also wishes to ensure that any stormwater from any developments do not adversely impact Thompson's Creek, owned by Cytec, and integral to the manufacturing operation. In the last number of years, Cytec has accommodated proposed resort development in its vicinity, for e.g. Heartland Forest Niagara and Grand Niagara by agreeing to a radius restriction and a height restriction being imposed on overnight accommodation in those B A R R I S T E R S A N D S O L I C I T O R S SUITE 3100 ~ 390 BAY STREET ~ TORONTO, ONTARIO ~ CANADA ~ M5H 1W2 ~ FAX416-868-3134 ~ TEL. 418.8683100 Thomson ¦ Rogers- -2- two developments. At a minimum these protections would have to be secured from the Warren Woods development. However, there is a more fundamental issue. Cytec is of the view that this proposed development differs from the prior resort developments in that it seeks to confirm and enlarge the scale of permanent residential uses in the vicinity of Cytec. Therefore, Cytec has outstanding significant and substantial concerns regarding the proposed development plans being outlined in the Notice. The City has a long established industrial precinct, including the Cytec lands, in this area of the municipality. For instance, the Cytec properly has been utilized for Heavy Industrial purposes since World War II. It is respectfully submitted that the City should be doing its utmost to maintain and enhance the industrial designations and should not permit encroaching residential land uses onto industrial/employment lands. ' In its recent initiatives, the Province has introduced greater protection against the conversion of industriaUemployment land uses to residential uses. In light of those initiatives and the changing planning dynamic, it is Cytec's view that the City should re- examine the appropriateness of entrenching the existing residential designation and further that the City should not support the expansion of any additional residential designation as proposed by the applicant onto the additional lands of the applicant. We note that by not granting any additional residential designations, there remains an opportunity to ensure that the additional lands of the applicant are utilized and continued to be utilized for employment land uses, permitting a transition of uses between residential in the north and west and the industrial designations, including the Cytec lands. We recognize that there will be subsequent public meetings regarding the additional lands owned by the applicant, but there remains a concern that the proposed approval of this Plan of Subdivision on the Subject Lands inappropriately advances the consideration of those subsequent approvals being requested by the applicant. Therefore, should the City proceed to grant draft approval for the Plan of Subdivision on the Subject Lands only, it should ensure that any proposal to secure additional lands for further development (which would be subject to a redesignation from industrial) is not advanced. Specifically, any future road connections or any other suggestion that it is appropriate to further designate and/or rezone and/or provide draft plan approval to additional lands owned by the applicant should be eliminated. In addition, warning clauses should be included so that purchasers of lots on the draft plan are notified of Cytec and other heavy industrial users in the area. Further, appropriate conditions should ensure that the stormwater management regime being proposed does not impact adversely on Thompson's Creek owned by Cytec. 'I~omson ¦ Rogers _3_ We continue our request that the City ensures that Cytec continues to receive notification at the above address, together with providing notification directly to Cytec: attention of Ken Milo. Such notifications would include those required under the Planning Act, including any granting of subdivision draft approval and/or amendment of conditions of subdivision draft approval. We have copied Mr. Iorfida, the City Clerk, on this correspondence to facilitate this notification. We trust the foregoing is satisfactory. Yours very truly, Jeffrey J. Wilker cc: Dean Iorfida, Clerk cc: Ken Milo, Cytec cc: John Koke, Sentex cc: Bruce Hall, Planning Consultant for Sentex Page 1 of 2 Dean Iorfida -1tE: June 25th Niagara Falls City Council meeting From: "Eric Gillespie" <ekg@cunningham-gillespie.com> To: "'Dean Iorfida"' <diorfida@niagarafalls.ca> Date: 6/21/2007 6:21 PM Subject: 12E: June 25th Niagara Falls City Council meeting Dear Mr. Iorfida, Thank you for your e-mail of June 19, 2007. We have now had the opportunity to consult with our client and obtain instructions. I will be attending the Council meeting June 25, 2007 and will look forward to having the opportunity to address Council as previously indicated. Regarding the PowerPoint presentation there have been new developments since the matter last came before Council. As a result we will not be making the same presentation. In light of the time available it will be changed, but when these revisions will be completed is difficult to say. If we are able to finalize them in time we would be pleased to provide them in advance of the meeting. Thanking you in advance for your continued assistance with these matters. Eric IC. Gillespie, LL.B. Cunningham & Gillespie LLP 10 King Street East, Suite 600 Toronto, Ontario MSC 1C3 Tel.: (416) 703-6362 Fax: (416)703-9111 Email: ek Cunningham-gilles~ie.com From: Dean Iorfida [mailto:diorfida@niagarafalis.ca] Sent: Tuesday, June 19, 2007 2:27 PM To: ekg@cunningham-gillespie.com Subject: June 25th Niagara Falls City Council meeting Mr. Gillespie: On June 25th, Niagara Falls City Council will consider a report regarding the Execution of an Agreement with Cytec Canada Inc. ("Cytec") and Falls Community Development Inc. ("FCDI"). I should be able to a-mail you a copy of the report by Thursday. file://C:~Documents and Settings\di2021Loca1 SettingslTemplXPGrpWise\467AC1A6Dom... 6/25/2007 Community Services Department Municipal Works Inter-Department Memorandum NiagaraJ~alls LiNA UA TO: Mayor & Members of the DATE:June 25, 2007 Community Services Committee FROM: Ed Dujlovic Director of Municipal Works Ext. 4220 RE: CN Rail/Doreen Drive On June 14, 2007, I had an opportunity to meet with representatives from CN Rail and Transport Canada on site at the Portage Road rail crossing. Both representatives advised that clearing works were initiated due to sight line issues at that crossing. The representative from Transport Canada indicated that additional clearing should be done to further improve the sight lines. Staff will endeavour to keep Council apprised of any future works at this location. 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