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Additions to Council November 26, 2007 ADDITIONS TO COUNCIL, MONDAY, NOVEMBER 26, 2007 COMMUNITY SERVICES 1. Minutes of Community Services Committee Meeting, November 12, 2007 2. Email from Michael Boris Kloss. re: TS-2007-11 Woodbine Street Traffic Calming Review COUNCIL Niagara Falls Girls Home for Soccer 1. R-2007-36 has been pulled Correspondence from Thomas Richardson, Sullivan Mahoney, solicitors for North Gate Farms Ltd. - Planning Matters Additional Report 1. PD-2007-103 -Warren Woods Draft Plan of Subdivision Kalar Road (West Side)/South of McLeod Road Owner: Warren Woods Land Corp. & 617567 NB Inc. (Jim Ruscica) Change to Draft Plan Conditions -OMB Appeal Settlement COMMUNICATIONS 1. Festival of Lights Cheerleading -Communication on the Agenda no longer necessary. RECOMMENDATION: For the Information of Council INVITATION 1. Regional Development Charges Educational Session @ Region, Thursday, Nov. 29t" @ 5:00 p.m. MINUTES OF COMMUNITY SERVICES COMMITTEE MEETING MONDAY, November 12, 2007, CITY HALL, ROOM 2 AT 4:15 P.M. PRESENT: Chair -Victor Pietrangelo, Mayor Ted Salci, Councillors: Jim Diodati, Bart Maves, Vince Kerrio, Wayne Thomson, Janice Wing and Shirley Fisher ABSENT: Councillor Carolynn loannoni, Lee Smith STAFF: John MacDonald, Ed Dujlovic, Ken Burden, Ken Beaman, Denyse Morrissey, Alex Herlovitch, Dean lorfida, Geoff Holman, Phil Ross, Todd Harrison, Serge Felicetti, Karl Dren, Marianne Tikky- Secretary GUEST: Ed Longhouse, Bob O'Dell, Dvaid Fatheringham, Steven Bailey, Henry Badger PRESS: Corey Larocque, Niagara Falls Review, Rob Lapensee, Niagara This Week MINUTES It was ORDERED on the motion of Mayor Salci and seconded by Councillor Fisher that Councillor Pietrangelo be appointed chair of the Community Services Committee in Councillor loannoni's absences. ft was ORDERED on the motion of Councillor Fisher and seconded by Councillor Maves, that the October 15, 2007 minutes be approved. REPORTS a) PD-2007-91 Application for a Commericial Building Grant within the Historic Drummond CIP, 5655 Ferry Street (Estate of Samuel Cupolo), Atan Cupolo That Council reconsider the approval of the application for a Commercial Building Grant in the amount of $6,500 to replace the roof of an existing commercial building subject to meeting the program requirements including the entering into an agreement with the City and removal of the billboard sign from the roof of the commercial building. 2. That if Council approves the application, that the Mayor and Clerk be authorized to execute the grant agreement for the building improvement. Motion: Carried Action: Recommendation submitted to Council 2007-11-12. -2- b) MW-2007-89 Warren Creek Watershed Plan Implementation Municipal Class Environmental Assessment Final Report and Recommendations 1) That the Environmental Study Report, for the Warren Creek Watershed Implementation Municipal Class Environmental Assessment (EA), be received and approved and; 2) that staff be directed to file the Environmental Study Report and advertise the Notice of Study completion with the implementation of the capital works in accordance with the requirements of the EA process. Motion: Carried Action: Recommendation submitted to Council 2007-11-12 C) TS-2007-09 Cherrywood Road at Doreen Drive, Elmwood Avenue and Maplewood Avenue -Intersection Control Review 1) That a stop sign be installed facing southbound motorists on Elmwood Avenue at Cherrywood Road, and; 2) That a stop sign be installed facing southbound motorists on Maplewood Avenue at Cherrywood Road, and; 3) That a stop sign be installed facing northbound motorists on Doreen Drive at Cherrywood Road. Motion: Carried Action: Recommendation submitted to Council 2007-11-12 d) TS-2007-10 St. Paul Avenue at Church's Lane & Riall Street Intersection Control Review That this report be received for the information of the Committee and that staff continue to monitor the situation. Motion: Carried Action: Recommendation submitted to Council 2007-11-12 ADJOURNMENT It was ORDERED on the motion of Councillor Maves and seconded by Councillor Kerrio, that the meeting be adjourned at 6:35 p.m. Motion: Carried Page 1 of 1 Dean Iorfida -woodbine street From: "Michael.B.Kloss" <mkloss@cogeco.ca> To: <vpietrangelo@niagarafalls.ca> Date: 11/22/2007 9:33 PM Subject: woodbine street Mr. Pietrange I received a 20 page study regarding traffic calming on woodbine street .I can not believe that the taxpayers paid $17 000 for consulting fees for this study and $153 000 for the implementation of the same that did nothing to solve the problem of speeding on woodbine street. I find it outrages that our elected officials are unable to control the irresponsibly spending habits of tax dollars by Mr McDonald and his staff. Stop the insanity was my campaign slogan during the last election and it is quite clear to me that the insanity is still in full swing. I would like for you to ask Mr. McDonald to explain this to the tax payers of Niagara Falls. I would also like to know how many tax dollars per year are paid out for consulting fees .i am looking forwards for a response to my questions Michael Boris Kloss to file://C:\Documents and Settings\di202\Local Settings\Temp\XPgrpwise\474694E4Doma... 11/23/2007 (11/23/2007) Dean lorfida -Northgate Farms Page 1 From: Ken Beaman To: tarichardson@sullivan-mahoney.com Date: 11/23/2007 3:14 PM Subject: Northgate Farms CC: Dean Iorfida; Ed Dujlovic This e-mail is to confirm that I have advised you that the report concerning this matter scheduled to be presented on Monday November 26, 2007 is going to be removed from the agenda. Staff are going to engage in a new bid process. I understand, that, having received this information, you will not be attending at council on the night of the 26th. Ken Beaman City Solicitor City of Niagara Falls 4310 Queen St. P.O. Box 1023 Niagara Falls, ON L2E 6X5 Nov,23~ 2001 1~43PM 9056885814 No~8905 P~ 2/5 Sul 'v ~ y BARRISTERS & saL~~CrrU~ V"xa Pacsixni~le N~avember 23, 2007 Please reply to St ~'~itharis o~ie~ Mayor Ted Sa1ci and MexnbeXS o£Coux~cil City of Niagara Fa11s 4310 (queen Street p.0. Boy 1023 Niagara k'alls, pN L2B 6~5 Tear Mayor Sa1ci anal Mexnbexs of Council: fie: Contract for the Snpply and fnsta~ation o~ a new Artificial Turf Sports Field at Kolar Park Our file 1~0. $141$ We act as solicitors far North Gate l~axzns Ltd., one of'the bidders with xespect to the above-referenced pxaject. The awarding of tender is to be coz~sidexed by Council at its ztxeeting on Monday, November 26, 2007 (Report from the Chief Administrative Officer ~,-2007-36). North Gate k'axxxxs was the second law bidder, there being a difference of $68~ from the low bid of IC Improvements and the bid o£Northt"`.xate Farms. Our client wishes to raise with Council questions concex,~uing the proposed awarding ot'tbis contract to IC Improvements. 't'he selection process in this rx,,atter was a iwo-step process. The first step was a Request for Pre- Qualificatian. As a result pf this pxacess, three bidders were pre-qualified, IC Improvements, N~arth Gate k'axxns and I~a1 Turf: The second step was to ea11 far pz~oposals fraxn the three qualified bidders. The closing date far proposals was Cctaber 18, 2007. Section. 18 of the Instructions to Bidders requires that proponents sha11 include with their proposal submission an Agreenyexxt to Baz~cl, A, photocopy of Sectivxx 1 ~ is enclosed herewith. It is our information that IC Improvements, o~+er the cowrse o£the fast fc}uX zx~onths, has not been able to obtain banding and cansecluently has lost at least three contracts. We are not aware, although we have asl~ed fc~r this information, whether IC Improvements submitted an ,A,greement to Bond as required by Sectioxx 18 of the Instructions to Bidders. We acknowledge that Section. ~ of the Instructions to Bidders, a copy of which is also enclosed herewith, allows the City to waive any of its requirements contained elsewhere n the Instructions to fiidders. This provides a very wide discretion to the City to accept bids which otherwise do not meet the City's requirements and leads to a suspicion that certairx. bidders may be given special consideration. The bid ofNoartlx Gate parms contained the required Agreement to Band. Nov,23~ 2001 1~44PM 9056885814 Page 2 No~8905 P. 3/5 We have been unable to dete,~e 'whether IC Improvements now has bonding capability. We have asked that question of municipal sta#~`and have been advised that bonding will be in place by Monday, Nave>~xzber ~6, 200'x. One is left to ask the question why would the City require some bidders to provide an Agreement to Band while not imposing the same requirement an IC Improvem~.ts? Nazkb Cate p'anns is aware that xzozle of its references were contacted in this process in order to determine the capabilities of North Gate k'axms to delivez on this project. 'T'his, coupled with the acceptance of a proposal which, it appears, did not include an ,A,gueeAO;ez~t to Box>,d, leaves the process open to suspicion. ';Llac purpose of this letter is twofold. k`ixst, to request that Council and this writer be advised whether there is izA place an Agreement to Band as z'equired by Section 18 of the Instructions to Bidders, and when. the ,A.greement to Bond was received, Secondly, we request an opportunity to address this matter at the City Council meeting on Navernber 26, 2007. `t'hank you for youz consideration in this matter. Yours very truly, ~SU'~~.l~V"AN', MAH~EY LLP Per: TAl~:srrl Enclosut~es {2} a~Mr. Dean Tarf~da, City C~erfc c+~lvfs. K.~1 Eeaz„sut, City So~AC~tvr cc~Mr. ~i~X ~earlt, North Gate Farms Ltd. Thom~~ A. Richardson 44 ~uest~ Street. P. O. Box 1364. St. Catk~zrines, Ontario i.,2R 6Z2 Tolepheae: 905-6$$-b655. Facsimile: 9456$$•5$14 47$o Forta a Read Nia ara 1~a11s, Onbxtio L.ZB 6A8 Tele hone: 905-357-45Q4 Facsitttile: 945-357-0541 V,F, MuratOrl, Q.C. k'.B. Aedard T.A. klicltardaon F.M. She¢han W.13. ivtclGtig J.1Jakfal D,A. Goslin J.M. Gottli li,B. Culliton J.IR. Rush P.A. Mahpnay 1}.A, Macdonald M.J. Bonomi G.W. McCann S.J. Pretni C, D'Angelo kZ. vaoca T. Wa11 JC,A, Bvok B.J. Troup S. Mackay M. Leacak N. Faduraru P.1{. f,.awrence C.J. i3it11e J,1', Mabney S.£. W¢lla t)fCounsel(Comanerciall-aw}; M.D.IfrDnck Nov.23~ 2007 1;44PM 9056885814 No~8905 P, 4/5 <. Proposal P 55,2007 1B~ Itlsttuctions to $iddez& 4. Proposal ,Award T'he award of this pxgpgsal is subject tq appxoval £rotn the City of Niagara Falls Council S. Additional )[nsured Tl~,e following party (or parties) are identified to be included as additional insured for this contract; City of Niagara Falls 6. General Conditions `l'kte General Conditions Section 5 of these proposal docutxtettts descxibe the conditions of contract and shall be znodifzed by these Instructiots to I3iddexs. Any item in the General Conditions that differs in any instance from the Instxuetigns to Bidders, these Instructions to $idders sha11 prevail. 7'. F.~amination of Dravvi~ngs, Speca~cation5, and `F'ork Site a} Proponents shall carefully examine all proposal sectiaus including but net limited to specifxcation,s, conditions, provision, ter;rns and drawings and inspect the woxlESite ira order tq satisfy themselves by persotzal examination as to all conditions and materials affecting the Contract az~d as tq the detailed requirements of the canstructign. b) Proponents must not rely open at7.y verbal ianfat-~xtation or any estimate or representations, made by any officer, servant, ox errxployee of the City. S. ~,eferences Propgx~ents on request by the City rriay be required tq t`uxnish sa4sl'acto~'y evide~.ce as to tkzeir experience, capacity and ~tzarioial resources. ~. A,cceptancc or Rejection of)f'roposals a) The City xesetves the right, in its absolute discretion to accept a proposal which it deems most advantageatis to itself and the right to reject any ar all proposals, in each case without giving any notice. The lowest or any proposal will toot necessarily be aocepted. In no event will the City be responsible fax the costs of the preparation or the submission of a pxgpgsals froth any prgpo~;~,t~t. .,... .....,,. , ..M„ b} Froposals which contain conditions or otlaeryvise fail tq confatxn to the Instructions to Bidders may be disquali~~d qx rejected. The City rriay, however, in its sale discretion, reject or retain for its consideration proposals, which are non-conforming because they do not contain the cotttent or £qxm requited by the Instruction to Bidders ar for failure to comply with the process £ox submis~itin set out in these l~sttuctions to k~i~tders~- Nov~23. 2007 1~44PM 90568$5814 No~8905 P. 5/5 Pxoposal l' S5,20Q7 1B4 Instructions to Bidders l6. PXOViucial Sales Tag and Goods ~ Sexvxees '~'~~ The Goods and Services Tax shall be shown as a separate item on the page or pages selected by the proponent to state pricing and shall be included in the total pxices subtnittcd to the City. Proponents arc required to state their Goads and Services T'ax registration number on the pages selected by the proponent to state pricing details. Pxovincial Sales Tax shall be included in the total price as applicable. The successful proponent will be required to pay Sales Tax on puxchases which are made under this Contract. Proponents are instn~ctcd to include this tax in the pxices stated in theix proposal submission. X7. l~sulraoce Cextx~cate Tkte required lnsu~rance Certificate, as attached in the Appendices, page CI1, shall name the City as an, additional insured party in addition to the contractor (successful proponent). 1$. Agreement To bond •;~~,,~e-iii~X't~ ~~(a~Z'xne~ude with their proposal submissions an Agreement to Bond Farm as attached to these proposal documents, indicating that a bonding Company licensed in the 1?rovince of Ontario undertakes to issue a Perfortz~axtcc bond aztd a ~.abour and 1Vlatcxials Payment Bond in favour of the City upon tlac awardirAg of the contract to the successful proponent. The Perx'or;rx~a;oc~ Band and Labour and Materials Payment Bond deposited with the City shall be held by the City to sceuxe the due perforrr~ance and observance of the Contract az~d th.e payment of all creditors as required by the Contract. 19. Execution of Contract The successful proponent shall be notified in writing of the acceptance o#` h.islher proposal and shall be bound to execute the Agreement (ox to accept a Purchase (7rder} with the Corpoxatian within two weeks of contract award. Date of contract award shall be talGen as the date on which the successful proponent is notified in writing of the acceptance of the propozaent's pxopo,sai submission. 20. Subznlsszozt by Coaatractor The contractor must submit the fallowing to the City Clerk within riv~- weeks of the contract awaxd: a} ~OO.dl1Qg JDocu~axe~lt~t1D~ 1} ,A laex:forxrtance bond which complies with the requirements o#`the corztplete proposal docurner;t fox 50°!Q of the Contxaat pt~ice. The said Perfoirz~ao;ce ~QZtd shall include xnaintcnance of the work f'ax a period of one year frozu the date of completion thereof. 2) A Labour and Materials Payment Eor~d which complies with the requirezxzents of Che of the complete proposal document for 50% of the Contract price. The said bond shall be ixt effect for a period of one year from the date of the completion thereq~ Nov•ly, `1007 2.17PM 9066885814 S ~ , ~>~1~8 ~. Jemmy J. Wilkes 'Z'homsan Rogers Dan~,sters & Solicitors Suite 3100, 390 Bay Street ToJroz~to, OBI ivi5~i 2 W2 Dear' Mr. VVilker: NoveuJ.ber 19, 200' No•8600 P. 2 .F'let&se reply t0 St. Cptherirt~ o„~ce Rc: Walrre~u Woods Laatd Ca~,oar'at~on a>rzd Niagara Fats Uwr k'>lte No. 80412 We are ~ recezpt of your a-mail of Wednesday, November l~, 200? ev>atsz>uan , a also in receipt of your Notice oftappeal ot'Navember 13; 2007, rGCei'ved by this office on Novetr~ber 14, 2~~are With resTeCE to the laatiee clause, vve axe enclosing l~ere~with a ;revision for believe that it aah%eves the goals of your notice i~ a more suceuact way, ~~ review sud comment" We With E'eSP~ to 3'our quest in the 'Notice of .A,ppeal, that eoan,dition #10 be deleted, our clirnt is prepared to ague to tk>,is request. The City of 1~Tiagar~ Falls has advised that staffare prepared to `"walk iatl" a Ix~tte~- o2a Monday, November 26, 2,007. Consequeztlly if we are able to ~ thewo ~ Ca~`oil on this clausts, ~~ the Clause and the request to delete cO~2dttion #l0 can be prese>atc~l~~ ~ Coua2acilon$Novembpt• 26, 2007. May we leave your oarlaest advice ~ this matter? Yours very holy, 7'ARsm ~~OBllY@ ~•I~~: Bob O~17maa, Robert C. O'F.yafl Managemgit ,Gac. SULT~IV~,N> 1NAH01vEX LLP Pear: ~'."' _ ~ ~'hama8 A. ]ltaich~-rason `~ $4ret, P. t7- Eox 2360. St. Cat~~,aes, dntarlp ~~ 672 Telephone: 905-688.6655, Faca~tp:;(a gDS.gg6-5824 47 n e R N' Falls Ohtario L2E 6 1 Tet hone: 90S 37-0500 F~e$iutxilr. 903.357-D50 V,F, b2urdtod, Q.C. P.B. >d T,A. Richa.Mson Jd~(- Cmtt>2 R,B. Callito4 J.R. BUeP, F.IN, Sheehan W.B. McKsiB J. Datcal S.J. Preini P.A. Malw~ t3.,p. Mlacdonald D~ GostiR C. 1D',ArrgeM R V~ca NJ.J. Bonodai M. ~'e2t N, 2'Oduraru P.Xi, Lawr4ace T. Waif f:.A, hook l3.J. Tmt1p S Maattl C.J. 13i#fe J.P, Malomy S.E Welia Y OtCoimael (COZUr~ercial Lawj: a~J,A. Kriluck Corporate Services Department ~~~~ Clerk's Division i Inter-Department Memorandum Niagara~allS J c;tennn TO: His Worship Mayor Ted Salci DATE: November 26, 2007 & Members of Council FROM: Dean Iorfida City Clerk Ext. 4271 RE: Festival of Lights Cheerleading The communication on the Agenda is no longer necessary. Staff have agreed to provide the charter service at last year's rate ($65/hr.) for this year. The organizer has been apprised that he will be expected to pay the going rate next year. Therefore, the new recommendation is as follows: RECOMMENDATION: For the Information of Council. ~~ Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning & Development Niagara~~~,f Region Building Community. Building Lives. November 22, 2007 Office of the Regional Clerk 2201 St. David's Road, P.O. Box 1042, Thorold ON L2V 4T7 Te1:905-685-1571 Toll-free:1-800-263-7215 Fax: 905-687-4977 pam.gilroy@regional.niagara.on.ca www.regional. niagara.on.ca Via E-Mail Area Municipal Clerks Area Municipalities of the Niagara Region Dear Clerk: RE: Invitation to Attend a Development Charges Educational Session -November 29. 2007 The Niagara Region is commencing a process to undertake a detailed review of the Development Charges By-law. As part of this review, the firm of Watson and Associates will be providing a development charges education session to members of Regional Council on Thursday, November 29th at 5:00 p.m. in the Regional Council Chambers, 2201 St. David's Road, Thorold. As the majority of municipalities in Niagara impose a charge on new development, interested members of local councils and municipal staff are invited to attend this presentation. It would be greatly appreciated if you would circulate this invitation to your council members and senior staff on behalf of the Niagara Region. Should anyone at your municipality have any questions about this presentation, please contact John Murphy, Manager Policy & Development by a-mail at john.murphyCa~regional.niagara.on.ca or by phone at 905 685-4225, ext. 3294. Yours trul ouncillor ayor D'Angela, Chair Regional Development Charges Task Force /cm copy: Regional Chairman Partington M. Trojan, CAO RDC Task Force Members Regional Clerk November 26, 2007 PD-2007-103 Nia ara ails cANf~nA His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD-2007-103 26T-96001 (Revised} & 26T-11-2006-02 (Revised} Warren Woods Draft Plan of Subdivision Kalar Road (West Side}/South of McLeod Road Owner: Warren Woods Land Corporation & 617567 NB Inc. (Jim Ruscica) Change to Draft Plan Conditions -OMB Appeal Settlement RECOMMENDATION: 1. That Council change the conditions to draft plan approval for the subdivision by deleting Condition #10 (lot reserved for .potential road connection to the south) and by including the additional condition detailed in this report (Cytec notice clause). 2. That Council direct staff to formally consult with Cytec in the drafting of the future amending zoning by-law for the subdivision (related file AM-42/2006). 3. That Council determine by resolution that the change to conditions is minor and no further written notice is required. BACKGROUND: On October 15, 2007, Council adopted the recommendations of Report PD-2007-86 which included that the Warren Woods Plan of Subdivision be granted draft approval subject to specific conditions listed in the report. The proposal is to develop a 17.235 hectare (42.59 acre) site for a residential plan of subdivision containing approximately 300 dwelling units, parkland/open space and a watercourse channel. The location of the subject land and additional land of the applicant is shown on Schedule 1. The subdivision layout is illustrated on Schedule 2. The required notice of Council's decision to grant draft approval to the plan was circulated on October 25, 2007 with the final day for appeal being November 14, 2007. The City has received one appeal from Cytec Canada Inc. (see attached letter from Thomson, Rogers dated November 13, 2007). The purpose of this report is to change two conditions of draft plan approval and to resolve the need to proceed to an Ontario Municipal Board hearing. Community Services Department .w;~ _ Planning & Development ~~~~=w Working Together to Serve Our Community r ; ~w ~ ::~..i . November 26, 2007 - 2 - PD-2007-103 OMB Appeal Settlement The basis of the appeal relates to Condition #10 of draft approval (lot reserved for potential road) and the request for an industrial notice clause. Since the submission of the appeal, the applicant's solicitor and the solicitor for Cytec have been working on a resolution of the matter. The attached letter from Sullivan, Mahoney (dated November 26, 2007) indicates that the issues have been resolved subject to certain terms. This settlement necessitates that Council change the conditions to draft plan approval as permitted by section 51(44) of the Planning Act. There are no public meeting requirements for this process and the interested parties have requested the changes. Planning Review There is additional land of the applicant to the south where a separate Official Plan amendment application (AM-31 /2005) proposes to change the designation of this land from Industrial to Residential for a large scale mixed use development. This file will be subject to a future public meeting. Cytec has expressed concerns with the expansion of residential uses closer to their industrial. operation. Condition #10 (see attached extract from report PD-2007-86) was intended to preserve a potential road access to the south if needed as a result of the decision on the related Official Plan amendment. Staff is satisfied that there are sufficient municipal controls (e.g. approval of phasing) without Condition #10 to ensure that, if required, an area will be available for any road connection at the south limit of the plan if the land to the south is approved for residential use. Environmental studies are required for the subdivision to evaluate potential impacts and determine mitigation measures from the surrounding industrial lands/uses. The results of such studies could include notice clauses in the subdivision agreement. Staff can therefore recommend that an additional condition of draft approval be included as noted in the proposed appeal settlement: "The following notice clause shall be included in the Subdivision Agreement and in all Agreements of Purchase and Sale for the subdivision lots and/or blocks:" "Cytec Canada Inc. ("Cytec") owns lands located north of the Welland River and west of Garner Road. Cytec's lands are designated Industrial and zoned for heavy industrial uses. Cytec operates chemical manufacturing and industrial facilities on its lands and may in the future expand its operations by expanding or adding to its existing buildings or constructing new buildings and/or intensifying its operations. Cytec may also erect and/orconstructand operate facilities for any of the uses permitted in the City's Zoning By-law. Cytec's use of its lands may generate odour and air emissions and create noise, together with other industrial effects. Cytec is a member of the Canadian Chemical Producer's Association and has been verified under the Responsible Care Codes of Practice. This notice clause includes any successors and/or assigns in title to Cytec." The terms of the settlement also request that the City consult with Cytec in the drafting of the future implementing zoning by-lawforthe subdivision. Council approved the requested by-law amendment application in principle on October 15, 2007 (related file AM-42/2006) to provide site specific development standards for the plan. Staff will consult with Cytec during the preparation of the by-law and a separate recommendation is provided to formally address this request. November 26, 2007 - 3 - PD-2007-103 CONCLUSION: Council has the authority under the Planning Act to change conditions to draft approval of proposed plans of subdivision. The deletion of Condition #10 and inclusion of the additional condition for a notice clause can be supported by staff. Furthermore, these changes will resolve an appeal of the subdivision to the Ontario Municipal Board. The change to draft approval conditions is minor and a Council resolution is needed that no further written notice is required. In accordance with section 51(50.1) of the Planning Act, the solicitor for Cytec will need to withdraw the appeal by Wednesday, November 28, 2007 so that staff is not required to prepare and forward the appeal package to the OMB. Recommended b ~ Y Alex Herlovitch, ' ector of Planning & Development V Approved by: Ed Dujlovic, Executive Director of Community Services ~ Respectfully submitted: n MacDonald, Chief Administrative Officer R.Wilson:gd Attach. S:IPDR120071PD-2007-103, Warren Woods Subd -Change of Draft Plan Conditions -Appeal Settlement.wpd °tanning ~ nne Thomson c ~ ~ v E ® ~ii~.~u~ ~ ~ ~ RE ¦ Ro ers Nov , ~ ~~l - Je ~ J. Wilkey PLp{VNil~iG .ff eY ~ D~VEI.QPMENT 416-868-3118 jwilker@thomsonrogeYS. com November 13, 2007 Mr. Alex Herlovitch Director of Planning & Development City of Niagara Falls P.O. Box 1023. 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Dear Sir: Cytec Canada Inc. re: Warren Woods Draft Plan of Subdivision 26T-96001 (revised) & 26T-11-2006-02 (revised) Our File No. 050225 We are the solicitors for Cytec Canada Inc. ("Cytec") with respect to this matter. This letter, along with the enclosed OMB appeal form and cheque in the amount of $125.00 payable to the Minister of Finance, constitutes notice that Cytec hereby appeals the City of Niagara Falls' ("City") approval of the Warren Woods Draft PIan of Subdivision 26T-96001 (revised} & 26T-11-2006-02 (revised). Cytec appeals the approval of draft plan for the following reasons: 1. Cytec owns lands ("Cytec Lands") in the vicinity of the subject lands which Cytec uses for heavy industrial purposes, namely the manufacture of phosphine. 2. Cytec's heavy industrial use is long standing and takes place in an established industrial precinct of the City. 3. It does not represent good planning to permit such residential development in the vicinity of Cytec's heavy industrial use, especially without the requested revisions to conditions of draft plan approval. 4. Condition #10 of the Conditions of Draft Approval for the subject lands requires the transfer of land to the City in contemplation of further residential development on additional lands to the south of the subject lands. In keeping with its position that further residential development would not represent good planning, in the course of the public meeting process, Cytec requested that the City delete this condition. This request was not accommodated when the City approved the draft plan. Thomson _2_ ® Ro ers g 5. Cytec also requested that a condition of draft approval be imposed requiring the developer to include a warning clause in the subdivision agreement as well as in all offers of purchase and sale. No such condition was imposed. 6. The Draft Plan of Subdivision at issue does not represent good planning. 7. In addition, Cytec relies on the points raised in the previous correspondence from myself to the City's Director of Planning, dated June 25, 2007 and October 2, 2007 and to the Mayor and members of Council, dated October 15, 2007; copies of which are enclosed with this appeal letter. 8. Such further and other reasons as counsel may advise and the Ontario Municipal Board may permit. On behalf of our client, it is disappointing that the City did not amend the conditions as requested in our correspondence of October 15, 2007. In our view, this appeal should be able to be resolved, and there have been ongoing discussions with the developer to this end. As such, this appeal is being made out of an abundance of caution and to protect Cytec's rights should those discussions not be successful. We ask that the Board hold this appeal in abeyance, and not schedule a hearing until consulting with our offices, and those of Mr. Richardson, solicitor for the developer. This may be a matter where mediation would be helpful if the discussions are not successful. We trust that the foregoing is satisfactory. Yours very truly, Jeffrey J. Wilker JJW/dng enclosures cc: Alex Herlovitch and Rick Wilson, City of Niagara Falls Planning Department Dean Iorfida, Clerk, City of Niagara Falls Martin Lehman, Plant Manager, Cytec Canada Inc. Ken Milo, Safety, Health and Environmental Supervisor, Cytec Canada Inc. Thomas Richardson, Solicitor for the Applicant 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 ¦ FAX 416-868-3134 ¦ TEL. 416-868-3100 www.thomsonrogers.com Nov.26~ 2001 9~31AM 90568$5$14 No~8930 P, 2/6 y sa~uusz~RS ~ so~,~cz~o~ November 26, 2007 Via Facsunile ~°lease re,~ly to St. Catharirt~s a,~ice Mr. Rich Wilson, P1ant~ing Department City of Niagara Fa11s City Hall 4314 Queen Street Niagara Falls, Olv L2~ 6~s R E C E I V E D Dear Mx-. Wilson: NOV 2 6 2007 fte: Warren Woods laaraft Flan of Subdl~i.sxom P ~A N N I N G Municipal k`~.e l1io. ~6'i'-960t11(Rev~lsed) ~ ~ E V E LO P M E N T Amd 26T-11-ZOOf-42 (devised} - Oar Fide: X0412 As you are aware, we act for Warren, Woods Land Corporation with respect to the Warren Woods dxa~ plan. of subdivisiou. It is our tulde~:stax~ding that an appeal, vn behalf of Cytec Canada inc. has been received by the City o~ Niagara Fa1~s. We have now xesolv~. those issues with Cykec. Enclosed herewith is a copy of a letter dated November 23, 207 from. Mz, Jeffrey Wilker o~ the law fum of ~"hornson Rogers, solicitors for Cytec Canaria inc. Attached to that fetter is a notice clause. Mr. Wit~er's letter o~fexs to settle the appeal on certain teems. The first term is the deletion of Condition No. 10 in the clra.~ plan conditions of approval. Condition No. ,1 Q xecluires that Warred. Woods Land Corporation dedicate Lot 39 to the City which will be reserved as a street access if land to the south is apprroved for rESide~,txal development. '.lie width of Lot 39 shall be the sazx~.e as ~e approved right-off way for Street B and the two abutting dots shall be sized as corner lots. T.~is Xot will be retied to the developer for the constxuctaon of a single detached dwelling if land to the south is not approved for residenti~ development. Warren Woods Land Corporation will canse~.t to the deletion of Condxtiozr No. 1 U. The width of Lot 39 is proposed to be the same as the approved xibht-of way far Street ~ axrd the two abutting lots are sized as cox~:~er lots. Wa~ezt Woods Land Corporation will hold Lot 39 pending the determination of the use of the Zands lying in~.xrediately to the south. 'warren Woods T.~and Corporation respect~itlXy requests that the City of Niagara ~a11s agree to the delet~vn of Condition No, 1.0. Mr. Weser has aXso arequested a notate clause as attached to IVIr. Wilker's letter. Warren Woods Land Carpo~rati.on wi11 agree to the notice Clause as cantained herein. We propose that a condition be added to the conditions o~ approval requ.g the notice clause contained herein to be incXuded ~ ttre Subdlvlsioxr Agreern,ent with rESpect to this development. Nov.26. 2001 9;31AM 9056885814 No.8930 P. 3/6 gage 2 b'ix~ally, Mr. Wi11ze~ bas requested that the City of Niagara Fahs agree ]~Iot dzxly to the deletion of Condition No. 10 and to the insertion of the notice coa~ta~.ed herein, but also to the provisions set out ~ his setter, page 2, items (c} to (f}. We u>C~,dexstand that it may be possible to present this matter to the CouneXX of the City ofNiagara Falls at its xx~eeting on November 26, 2007, in order to address the appeal. Section 5I (44) of the Planning ~Qct pezxlaits the approval authority to change the condX~.oz~s oi, approval at any time before the approval oi^ the ~na1 plan of subdivision under Seetior~ 51(58}. Sectiozl< 51(45} provides that if the approval autho~ty changes the co~,ditions of approval a#~er ~.otice has been given under Section 37, the approval authorY.ty sha11, within fi~eel~ (15) days of its deeisiort, giEve wzitten notice of the changes containing the infox~ga,ation prescribed. It appears to this writer that the mu,~ca,pality zxaay proceed in this max>uaer to change ~~e conditions in a~ccardaaace with the request of CyCec. ~Xtexa.atively, the ~,cipality may wis1~ to sub~Xt tlxe appeal of Cytec to the Board with this correspox~de~nce and any resolution of the Council of the City of Niagara Fads with the request that the hoard issue an order in accordance with the terms of the correspondence. Ian. the opinion of this ~vz~iter, the muraicipalitSr rb,ay proceed pursuant to Section 51(44} and, upon passage of a resolution by Council agreeing to ~e terms set out in Nl'r, W ilker's letter, Mr. Wilkey wi11 then withdraw the appeal, of Cytec. Would you please advise w~,etb~ex the City of Niagara Fal,~s is ~ agreement with the terms set out in 1VIr. Will~e~r's letter, agreed to in this cozxespondenee. We wi11 awvait yp~` advise. fours very truly, SULLI~AN, ~,A~U~t~+ ~ fax: Thomas A. Richardson T~~s~; Enclosures (2) cc-NIr. Jay 3. ~Ii~#~ex', . Thomson I~©gers ~--Mr. IZobe,rc o'I7a~1, Hobert C. t)°t~e11 ~»~gcrnent Inc. 40 Quxen SsroeE, P• 0, Bar 136D, St Catk~arines, OnEaciv L2R6Z2. Telephone: 905.6$$6653. ~acsem~le; 905-6$$-514 47$1 1Pdr~t¢e Road, Niagara Falls, OnEarxa_x,2E 6Bl Talephoae:903-337-0500, Facsi~itc; 905-357-0501 u•1=.1'duratvri, Q.C. Bcdard x.,~. kZ%Gi~ardson P.141. Sk~eehan W.B. MciCaig J. Dada( A•A. Coslir~ J,1+~. Gottli R,B. CaUitott 3.1t. Bush P•A„ Ma#aoncy E.A. tvlaedgixal4 lvl.d• Sano~mi G,w,1~cCan~ S.J. Premi C. D'AngelO It Vacca T. Wall K,•A. book B,J, Troup 3. Mackay M. L.cscak N. Padt~ru P.H. Lawfiemce C.J. $ittle J,P, l~alomey S.E. Wells Qf Counsel (Co~zu~ae~cial I.~.w); M.D. Kn'Iuck Nav,26~ 2007 9~38AM 9056885814 ~ No~$930 P. 4/6 ~`~.O1S0~1 ¦ ~~0 ~~'S Je e J T~Yilke~ Y x€16-8b8-31 ~ 8 jwilkeY~thomsonrogers. cam 5~~~' ~na.ail Without Prejudice Noverubex 23, 2007 fix. ~'om lZichaxdson Sullivan,ll~al7,ot~ey Barristers & Solicitors 40 Queen St. ~'.C). l~oz~ 1360 St. Catk~arix~es, Oz~taxio ~2~ 6Z2 ~7ear Mr. Richardson: Cytee Canada Inc. and Warren Wood$ Suladlv~s~o~a O~t~r :E'iYe No. a5Q22S xhar~lC you for your lever of Novem,bex X 9, X047. On behalf of xn,y client, Cytec Canada inc., ~ would like to thar~l~ your client fox its co- operation in an effort tq address the concerns expressed by tiny client. ley cliert# has reviewed the draft notice clause and has suggested soxrxe mxnox xevisior~s. Both a highlighted and cieart version axe attached. The following a~.endxn.ents bear referencaa~g. ,A,s you will note, your client's draft removed the rE;ference to the list of zoning uses in the Cytec dra#~; and added compliance witb, the En,vixonrnental Protection A,ct. depending on the r~atu~e of the use beiz~,~ established oz~ the over 100 acres of lax,d that Cytec owns, Environmental Protection, ,,4,,ct approvals m,ay or may not be required. Naturally Cytec will comply with all legislative requirements for any additional uses it may wish to make of its latads. lV,ly client is prepared to forego listing the potential zoning uses in. e~,change for deleting the 1?x?vi~`onxnental Protection ,A,ct refers;nce. We also reviewed your client's original draft notice clause .contained in your letter of November 9, 2007, and we axe of the view that the addition of the words "air eznissiox~s" would be beneficial. The remaining an~cnd~.ents aze made for clarification purposes. B A. R lZ l S T E~ S A N D S O L r C~ O R S SllIT~ 31x7 ¦ 39a BAY STREET' ¦ TORONTO, ONTARIO ¦ CAf~kADA ¦ M5H 1W2 ¦ FAX4~8-355-3134 ~ TEL, 415-86$•31Q0 Nov~26. 2001 9~38AM 9056885814 No~$930 P~ 5/6 l l ia~~~~ . ~2u ~ ]~o ers 9~ My client is ra~al~ing tine following without prejudice offer to settle its appeal of the Warren Woods subdivision xnattex{ a) Deletion of co~;dition. zoo. 10; b j Insertion of the notice condition iu the coanditiox~s of dxa;~ approval as set out iz~ our Ietter to City Cou~acil dated October 15, 2007; c} ~'he notice clause shall be as set out in the atEachmer~t to this setter; d) Warren Woods shall provide a copy of the draft subdivision agreement together with identifying the elapse that iz~coz~poxates the notice pxovisioz~, axed shall subsequently provide a copy of the registered subdivision agreement t©gethez~ with the registration details. ft is noted. that the purpose of this clause is to provide confirmation to Cytec that the requirements have been met of the condition, rather than to engage in, a drafting e~excise; e~ ~'he parties shall co-operate to implenc~ent this settlerx~extt expeditiously az~d this settlement shall be on a without costs basis; ' Cytec shall be consulted ox~ the drafting of the zoning by-law for the draft a~praved subdivision, and there shall be good faith discussions between, the parties to settle any dxa#~ing issues that may arise in its draf~i~.g, (in. axe e~'ort to preclude any further appeals to the OM~3}; g} This offer to settle is conditional on the City Qf Niagara falls also agreeing to the terms a} tQ of this offer; h} 'his offer to Bettie is without prejudice to any position either of the parties may take oz~ arty other developrnent~plann,ing approvals being sought for the Warren Woods subdivision and surrounding lands. We trust that this matter can be settled on this basis. Yours very truly, JeffrE;y 3. ~V'ilker .f~W/pf cc: Martin I~ehnaan, Flint Man,agex, Cytec cc~ Ken Milo, Safety, Health aatd ~nvixonmental Supervisor, Cytec cc: Glenn W~lliz~gs, planning c~nsuXtatat to Cytec Nov.26~ 2001 9:38AM 9056885$14 No,8930 P. 6/6 ~vo~~ca~ c~,~usl~ `4Cytec Canada Inc. (°Cytec'} owns Iands located north of the Welland River and west of Garner Road. Cytec's lands are designed industxia~ and zoned fox b,eavy ixtdustxia~ uses. Cytec opexates cbexnicai manufacturing and industrial facilities on its lands and ~mtay ~ the future expand its operations by expanding ox adding to its e~~st~ng buiid~ngs ox constauctinb new buildings andlor intensifying its operations. Cytec may also erect and/or construct axed operate £ac~iities for any of the uses permitted in the City's zoning by-l;aw. Cytec's use of its lands tray geuexate adqux artd air erlc~~ssipz~s antd cxeate noise, toge~ex with otbex industrial effects. Cytec is a member of the Canadian Chen,.ical Rroducet-'s Assoc~atiQrt an,d bas beers verified under the Responsible Care Codes o~ 1?xactice. This notice ela~xse i~teiudes an,y successors artd/oar assigns in title to Cytec." EXTRACT - APPENDIX A - PD-2007-86 October 15, 2007 - 8 - PD-2007-86 7. The developer construct and maintain a temporary emergency access over Lot 87 and through abutting land to the northeast (7549 Kalar Road) connecting to Kalar Road to the City's satisfaction. The access shall be required at least until there is a second permanent road access from Kalar Road or McLeod Road to the subdivision. 8. The construction of dwellings in the plan shall proceed in phases to the satisfaction of the City depending on the availability of a second permanent road access. The first phase shall contain approximately 100 units (excluding lots on Street J that has direct access to Kalar Road). 9. The developer dedicate Lots 41 to 46 (Inclusive)/Block 194 to the City for the construction of a temporary stormwater management area. The exact location and size of the facility will be determined by the City and Niagara Peninsula Conservation Authority which may affect the specific lots to be utilized. These lots will be returned to the developer for the. construction of single-detached dwellings if and when the temporary stormwater pond is no longer required. 10. The developer dedicate Lot 39 (opposite the south limit of Street B) to the City which will be reserved as a street access if land to the south is approved for residential development. The width of Lot 39 shall be the same as the approved right-of-way for Street B and the two abutting lots shall be sized as corner lots. This lot will be returned to the developer for the construction of asingle-detached dwellin if land to the south is not approved for residential development. 11. The developer construct sidewalks to City standards as follows: Street B and Street F -both sides; Street A -interior side (northwest and west}; Street C -east side; Street D -interior side (south, east and north); Street E -north side; Street G -south side; Street H -north side; and Kalar Road -west side. 12. The developer dedicate 0.3 metre reserves to the City at the north limit of Street B, along the west side of Kalar Road including daylighting triangles (excluding direct frontage lots) and the north side of Lot 77. 13. The developer incorporate traffic calming measures and parking restrictions into the roadway design to the satisfaction of the City. 14. The developer submit servicing plans showing road widths/curb radii and the design details for the emergency access to Fire Services for review and approval. 15. The developer pay the Development Charges in force at the time of execution of the subdivision agreement. 16. The developer grant the City and Public Utilities any easements required to service the subdivision. 17. The developer is hereby advised that prior to commencing any work within the Plan, the developer must confirm that sufficient wire-line communication/telecommunication infrastructure is currently available within the proposed developmentto provide communication/telecommunication service to the SCHEDULE 1 Proposed Modifications & New Plan of Subdivision Zoning By-Law Amendment Application Warren Woods 26T-96001 (Revised), 26T-11-2006-02 & AM-42/2006 Location Map }'ii N+~ ~ . 'e- ~ ~ v- ` ~ ~ r. ~ ,o ,y d kc.~ ~ i 1 i 5~k0. RD4 ADDITIONAL LAND OF APPLICANT MO i ADDITIONAL LAND OF APPLICANT (FUTURE PHASE) w ADDTRONAL LAND ADDITIONAL LAND OF APPLICANT OF APPLICANT yh w t.r r _ _f N Subject Land ® w - E s . 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