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Additions to Council Oct 15/07 StaffADDITIONS TO COUNCIL, MONDAY, OCTOBER 15, 2007 In- Camera Claim denial from Crawford Adjusters Community Services PD-2007-62 -Growth Management Official Plan Review - memo from Clerk and various deputation requests Corporate Services Email form Acting Executive Director of Corporate Services Re: CPS-2007-03 Council Correspondence from Rocco Vacca, Sullivan Mahoney Re: PD-2007-88 C)ctober 9, 2{}Q7 June 8urr:il 7964 eaverdams Rd. Niagara Falls, Qntario L2H ~ Cur Insured: Date of Loss: Claimant: Qur File No.; H~il~ l~lwlrtvlr~>rQ Corporation of the Gity of Niagara Falls July 19, 2t1a7 June Burch MA1852598 Ct. `' r~~~~~ V1{e have now completed our investigation into this matter and have reviewer! that investigation with our principals. We have confirmed through weather records that a short but severe rainstorm struck the Niagara Fails area can the date of this incident. 1n your particular area of the city during a 1l~ minute duration when it rained the hardest this storm was quantified as a greater than 25 year storm. We have confirmed a history of previous service requests on E~eaverdams Rd. concerning the ditch and culvert system. These service requests were dealt with in a prorr~pt and reasonable balls by the City of Niagara Falls staff, In regard to the storm r~rainage system %n the Qrchard Grove extension sub-division {Magnolia Drive} we have confirmed that it has been designed and constructed in accordance with the 5 year refurn storm criteria which was approved by the Ministry of the Environment. Given this information we can see no gross negligence resting with the City of Niagara Falls and have been instructed to deny liability for any claims you wish to present. Please be advised that your claim is subject to a limitation period. If you have any questions regarding our letter or information that may alter our principal's decision in this matter please contact the writer at 9Q5-356-4929. Thank you. Yours very truly, Mike Archer, C1P Adjuster MA:mt Encl. Mike.Archer~crawco.ca 4056 Dorchester F2d., Lower Levet. +- Niagara Falls, ON. L2E 6M9 . Phone (905) 356-4929 Fax (S05) 356-0671 a wv~nv.crawfordandcompany.ca Toil Free Phone (866) 257-9?47 Crawford Adjusters Canada Incorporated Corporate Services Department ~/~ Clerk's Division ~~,~~~ Inter-Department Memorandum Niagara ally .F,... T0: Councillor Carolynn Ioannoni DATE: October 12, 2007 & Members of the Community Services Committee FROM: Dean Iorfida City Clerk Ext. 4271 RE: Growth Management Official Plan Review Although we take a more informal approach in committee meetings, a number of individuals have specifically requested, or made known, that they wish to speak to the item noted above on Monday's Community Services Agenda. Staff foresees the matter unfolding as follows: 1. Introduction by Alex Herlovitch, Director of Planning 2. Presentation by Peter Thoma, Urban Metrics 3. Deputation Requests (in order received) • Derek Costello • Ed Lustig, Broderick & Partners, on behalf of Thundering Waters • Glenn Wellings, Wellings Planning Consultants, on behalf of Niagara Falls Landowners Group • Peter Smith, Bousfields Inc., on behalf of the Hilton • Any additional interested speakers in the gallery 4. Presentation by Dana Anderson, Meridan Group ~'~"'" - Working Together to Serve Our Community Clerks Finance Human Resources Information Sysfems Legal Planning & Development 11 Oct 2007 1:45PM WELLINGS PLANNING CONSULT 9056818741 p.2 October 11, 2007 Mr. Dean lorfida City Clerk City of Niagara Falls 4390 Queen Street P.O. Box 1023 Niagara Falls, Ontario L2E 6X5 Dear Mr. lorfrda: Re: PD-2007-62 Growlih Management Uffiaiia! Plan Reviiew Please accept this letter as our formal request to appear as a delegation before the Camrnunity Senrices Committee to speak to the above matter. I will be speaking on behalf of the Niagara Falls Landowners Group, including Club Italia with respect to the Northwest Community Urban Area expansion. Yours truly, WELLINGS PLANNING CONSULTANTS INC. Glenn J. Wellings, MCIP, RPP. c. client 564 Emerald Street-Burlington ON L7R2N8 T 405 681 1769 - F 905 6$1 $T41 (10/12/2007) Dean lorfida -Community Services-Commitee Page 1 From: Heather Inglis <hinglis@bousfields.ca> To: <diorfida@niagarafalls.ca> Date: 10/12/2007 10:00 AM Subject: Community Services Commitee CC: <psmith@bousfields.ca> Dear Mr. lorfida, Mr. Peter Smith from Bousfields Inc., Community Planning Consulting, would like to make a presentation to the Community Services Committee at their meeting this Monday, October 15th. We understand that the Committee is meeting at 4:15 pm. The presentation is regarding the City's report, PD-2007-62, Growth Management Official Plan Review, that is being considered by Committee at that meeting. I have spoken with John Barnsley from the City, and he is aware that we wish to address the Committee. Please let me know of any further steps that we need to take. Many thanks, -Heather Inglis Baron Heather Inglis Baron, B.E.S. Bousfields Inc. 3 Church Street, Suite 200 Toronto, Ontario M5E 1 M2 t: 416-947-9744 f: 416-947-0781 d: 416-947-1318 x 106 hinglis@bousfields.ca The information contained in this transmission is confidential and may be privileged. It is intended for the use of the individual to whom or entity to which it is addressed. If you have received this transmission in error, please notify us immediately, and delete it from your system. Thank you for your co-operation. Page 1 of 1 Dean lorFida -Fwd: Re: Meeting with Meridian From: John MacDonald To: Dean lorfida Date: 10/11/2007 11:25 AM Subject: Fwd: Re: Meeting with Meridian Dean: I believe this relates to the third Planning Item. As John is away, I thought I should forward it to you for response. Thanks. Karen »> <Don.Wilson@jjb.com> 10/1 1/2007 1 1:14 AM »> Good morning John. We met with UrbanMetrics and Meridian yesterday (Joe Dicosimo and Peter Smith). We now wish to attend and make some type of representation for the Committee meeting of October 15. We are presuming it is an open meeting and presume we will be able to make some type of representation during the discussion period. Please advise as to time and location. Thanks John..don Wilson file://C:\Documents and Settings\di202\Local Settings\Temp\XPgrpwise\470E080DDom... 10/11/2007 (10/12/2007) Dean lorfida -Report CPS 2007 03 V1/ater and Sewer Rates Review Page 1 From: Ken Burden To: Dean Iorfida; Ed Dujlovic; John MacDonald Date: 10/12/2007 3:05 PM Subject: Report CPS 2007 03 Water and Sewer Rates Review CC: Joanna Daniels Hello John, Ed, Dean, Please note this report may be deferred once again. During today's meeting with Mr. Ed Bielawski and Councillor Thomson, I learned that Mr. Bielawski is preparing his own follow-up report to CPS-2007-03, and plans to address the Committee. We again discussed Mr. Bielawski's main concerns which he hopes to impress upon the Committee members. After a lengthy dialogue, I mentioned the time requirements that might arise from earlier agendas on that same evening, which would reduce the time available for a full discussion of this report. Councillor Thomson suggested another deferral may be necessary to appropriately deal with this matter. Mr. Bielawski was not opposed to another deferral, but hoped that this matter would receive priority at the next Corporate Services meeting (Oct.29/07). As a result of our discussion, it is my understanding that Councillor Thomson will be requesting a deferral of report CPS- 2007-03. Ken S lli n•M h n BARRISTERS & SOLICITORS Please reply to the Nia~ar'a Falls Office October 12, 2007 via fax#905.356.9083 City of Niagara Falls City Hall 4310 Queen Street NIAGARA FALLS, ON L2E 6X5 Attention: Dean Iorfida, Clerk Attention: Mayor Salci and Members of Council Dear Sir/Madam: Re: PD-2007-88 Re: AM-41/2006, Revised Zoning By-law Amendment Application 2799 St. Paul Avenue Re: Proposed 4-Storey, 47 Unit Condominium Apartment Dwelling We act as solicitors for the Applicant in this matter. The purpose of this letter is to set out our comments with respect to the above referenced report given that this writer may not be available to attend the public meeting on October 15, 2007. We do however confirm that our client's agent will be in attendance to speak to the matter. In any event, to say the least we were extremely surprised by the comments and recommendations contained in report PD-2007-88. We took into account planning staff's comments and recommendations set out in its previous report, PD-2007-57, which addressed the previous proposal of a 5-storey, 49 unit apartment building. In said report, planning staff clearly stated that the project at 5- storeys met the locational criteria in the Official Plan and was within the density intended by the Official Plan. IrI short, the previous report dealing with a 5-storey proposal was more balanced and generally more positive than the report dealing with a 4-storey proposal. As well, we are surprised that report PD-2007-88 failed to mention the Sun Shadowing Study and Tree Preservation Plan which our client was asked to submit, the conclusions of which supported the proposed 4-storey development. 40 Queen Street, P. O. Box 1360, St. Catharines, Ontario L2R 6Z2 Telephone: 905-688-6655, Facsimile: 905-688-5814 4781 Portage Road, Niagara Falls, Ontario L2E 6B1 Telephone: 905-357-0500, Facsimile: 905-357-0501 V.F. Muratori, Q.C. P.B. Bedard G.A. Wiggins P.T. Banwell, Q.C. T,A. Richardson P.M. Sheehan W.B. McKaig J. Dallal D.A. Goslin J.M. Gottli R.B. Culliton J.R. Bush P.A. Mahoney B,A. Macdonald M.J. Bonomi G.W. McCann S.J. Premi C. D'Angelo R. Vacca T, Wall K.A. King J. Clarkson B. J. Troup S. Mckay M, Lescak N. Paduraru C. Bittle P. Lawrence Of Counsel (Commercial Law): M.D. Kriluck Page 2 Although PD-2007-88 includes a comparison of the previous 5-storey proposal and the existing 4- storeyproposal, which leads to the conclusion that a 5-storey proposal would have a decrease in massing in terms of length and would have a larger setback then the rear yard setbacks of the adjacent detached dwellings to the north, the report fails to compare the proposal to that which could be legally developed on the property pursuant to the current zoning. The previous report (PD-2007-57) did include said comparison. Had this comparison been made in the current report, it would have led to the conclusion that a 3-storey apartment building with 32 dwelling units constructed pursuant to the current zoning would be less compatible with the surrounding area in terms of mass, setbacks and appearance. A comparison of the current and proposed zoning standards, which ought to have been included in report PD-2007-88, is as follows: Current Zoning (RSA - 547) Proposed Zoning (RSC) Maximum number of units 32 47 Maximum height 10 meters (32.8 feet) 14 meters (46 feet) Minimum interior side yard setback %2 building height 5 meters(16.4 feet %Z building height 7 meters (23 feet) With respect to the issue of massing, a 3-storey proposal would result in the building being sited away from the front of the site with parking inserted towards the front of the site. In other words, whereas the 4-storey proposal would result in a building envelope which abuts only 2 neighbours to the north (one of which is not objecting to this proposal) the 3-storey proposal would impact 4 neighbours to the north (once again, one of which is not objecting to this proposal). We also note that the 4-storey proposal includes terraces which do not extend into the larger side yard setback of 23 feet, whereas a 3-storey proposal would include terraces/balconies which would extend into the side yard setback of 16.4 feet as permitted by the current zoning. The second purpose of this letter is also to remind Council of a number ofmulti-residential developments in the surrounding area and outside of the surrounding area which have been previously approved by this Council and previous Councils. In addition, it is important to note that a number of these proposals were approved prior to the new Provincial Policy Statements and amendments to the Planning Act which require that a Council decision shall conform to Provincial Plans and any Provincial Policy Statements which all promote higher density infill developments. For example, we draw your attention to the following: (a) 2634 St. Paul Avenue This property is located within approximately 100 meters of the subject property on the opposite side of St. Paul Avenue. In 1991, the subject property was rezoned to RSA-285 which allows fora 6-storey 69 unit apartment building. It is noted that the subject property backs onto the Mountaingate subdivision. This zoning remains in place today. Page 3 (b) Eagle Valley Golf Course - 2334 St. Paul Avenue This properly is located less than 500 meters from the subject property across St. Paul Avenue. In 2000, Council approved OPA 27 to permit, among other things, a 10-storey residential apartment building. The decision was appealed to the Ontario Municipal Board by a land owner in the area. By Decision of the Ontario Municipal Board dated March 31, 2005, Council's decision was upheld which allows a 10-storey apartment with up to 101 units. This zoning remains in place today. (c) North-west corner of Portage Road & Stanley Avenue This site is within the general area of the subject property. On Apri12, 2007, Council approved an Official Plan and Zoning By-law amendment to allow the development of 2 10-storey apartment dwellings containing approximately 240 units. This zoning remains in place today. (d) Corner of Dunn Street and Ailthanis Avenue In or about 2003, an application was submitted to Council fora 5-storey, 20 unit apartment building. The application was denied by Council and appealed to the Ontario Municipal Board. By Decision of the Ontario Municipal Board, the property was rezoned to allow a 4- storey, 16 unit apartment building which has just been completed within the last few months. The building is adjacent to single family dwellings with a side yard setback similar that being proposed by our client. (e) 6870, 6888, 6890 Drummond Road This matter was recently dealt with by Council. By way of application to the Committee of Adjustment, the current zoning allowing 2 3-storey apartment buildings and a maximum of 70 dwelling units was varied to allow a 5-storey apartment building and 95 dwelling units. A variance in the building height from 11.5 meters (37.73 feet) to 14.33 meters (47 feet) was allowed. The property was surrounded by a subdivision to the south and commercial property to the north (similar to our client's property). The Committee of Adjustment's decision was appealed by Planning Staff. On September 10, 2007, Planning Staff brought forward report PD-2007-77 requesting direction from Council as to whether the appeal be continued. Council, notwithstanding Planning Staff's opinion that the variances will result in a 10 foot increase in height and an increase of 25 units on the property, decided not to pursue the appeal further. (It is noted that the increase in height requested in this matter is 13 feet and the increase in the number of units is 15). In summary, we are requesting that Council give due consideration to the final form of the development should a 3-storey apartment building be developed rather than the proposed 4-storey development. In our considered opinion, a 3-storey development would be less compatible than a 4- storeybuilding in that the building would be set back only 16 feet from the adjacent dwellings to the north, would have protruding terraces/balconies, and would have a building envelope larger than that being proposed impacting 4 of the adjacent dwellings rather than only 2 of the adjacent dwellings under the current proposal. Furthermore, a decision by Council refusing the application would be Page 4 inconsistent with Council's previous approvals for properties in the immediate area and, as well, most of which approvals are for developments substantially greater in height and were approvals granted prior to the existing Provincial Policy Statement, Provincial Plans and amendments to the Planning Act which further promotes residential intensification such as that which is being proposed. Finally, we feel it is important that we clearly enunciate our client's intentions in this matter. We can advise that our client's instructions are as follows: (a) in the event the application is approved, an application for site plan approval shall be submitted immediately followed up by immediate construction of luxury ownership condominium units; or (b) in the event the application is denied: (i) the decision will not be appealed to the OMB; and (ii) the developer will be proceeding with construction of the 3 storey building as affordable housing for the rental market and availing itself of any available governmental funding for the construction of same. Yours very truly, SULLNAN MAHONEY LLP Per: Rocco Vacca RV:rhh