Additions 2008/04/28
ADDITIONS TO COUNCIL. MONDAY, APRIL 28, 2008
Corporate Services
1. CD-2008-05 - Lundy's Lane Request: Kiwanis Bench Program
a) Correspondence from Brian McKeown requesting deferral
Planning
1. PD-2008-31 - Proposed Emergency Shelter
a) Correspondence from Lily Mackic
b) Correspondence from Kim Craitor MPP
2. PD-2008-33 - Draft Plan of Vacant Land Condominium, 3232 Montrose Road
(East Side), Opposite Matthews Drive.
a) Correspondence from Joe Mrkalj
b) Correspondence from Paul DeVellis
c) Staff emails related to tree cutting matter
3. PD-2008-34 - Draft Plan of Condominium, 6911/6921 Barker Street (Northwest
Corner at Dorchester Road)
a) Correspondence from Brian Sinclair
Communication
1. Tourist Exemption for Statutory Holidays under the Retail Business HolidaysActfor
Value Village, 6278 Lundy's Lane.
RECOMMENDATION: That Niagara Falls City Council support the tourist exemption
application sought by Value Village, 6278 Lundy's Lane.
By-law
1. By-law 2008-72 A by-law to provide for the approval of Amendment No. 81 to
the City of Niagara Falls Official Plan.
2. By-law 2008-73 A by-law to provide for the approval of Amendment No. 82 to
the City of Niagara Falls Official Plan.
Page 1 of 1
Dean Iorfida - RE: Lundy's lane BIA
From: "Brian McKeown" <BrianM@shabriproperties.com>
To: "Dean Iorfida" <diorfida@niagarafalls.ca>
Date: 4/28/2008 11:55 AM
Subject: RE: Lundy's lane BIA
Dean
am not available to be at the meeting today and would appreciate it if any discussion could be defered until
May 5th or May 26th
Thank you
Brian Mckeown.
From: Dean Iorfida [mailto:diorfida@niagarafalls.ca]
Sent: Monday, April 28, 2008 9:31 AM
To: Brian McKeown
Subject: Lundy's lane BIA
Hi Brian:
Got your voice mail. Attached please find the letter from the BIA.
If you would like the matter deferred just drop me an e-mail with your request.
I'll give you a call before the end of the morning.
Yes, reps from the BIA were planning on making representations.
Thanks
Dean
Dean Iorfida, City Clerk
Niagara Falls
905-356-7521, Ext. 4271
905-356-9083 (Fax)
file://CADocuments and Settings\di202\Local Settings\Temp\XPgrpwise\4815BB37Domai... 4/28/2008
R.PCEIVED
~ n
APR 5 2W;,
, a i~?r~ , tyc nor a) PLANNING
E. DAP -L FIAT:: N
+T+ticeain Fly
-1w Amccaert Aptit Su~sic, 'C,t
The proposed changes to 4865 - 4871 ,St. Lawrence Avenue (Roll
" 2725-0'4-100-0.50-7300) are opposed for the following reasons.
1) 4865- 4871 St. Lawrence Avenue is intended vs, a place of worship and does provide a sufficient amount of community service.
2) 4865 - 4871 St. Lawrence Avenue has been providing a community kitchen,
h ako created t espassfr.g; imuw~ by thm auending the cammuril ly iitchep.
3) Where his been an increase its iitt.cr in and around the gte bouring properties dui
to those. who attend the commut k€tc n,
4) The i€ncreue in trespassing aid f t-jeT ilas had a ttegativ~
not hous-hood. Examples include, t. o Pegative impact on the w, wk.tt value of
op r y> wid it has caused living in the Con-ormut t to be &raid of
their own proprrny nd the nei.oboabood
A pemunent r.,4mmui~ ty kitchen and sheltct ivill cause the abavE reasons to Qsi~alate and
th+:Jxcfcrc we oppose tho ptopcs c3 Zorn ag Bylaw Amcndmcnt Applicatior.
Lit°v Mackie
Adds; 4905 St, Lawrence Ave,
Niagara FaN, Ontario,
L2F- M
TI' /TO 3.E)V8 NOO, T JNIINIbd 5V11G' 0: 7 seep, t zrrv
1
Rkw
AFP 2M 19 Kim Craitor, M.P.P.
Niagara Falls
Ontario
April 28th, 2008
His Worship Mayor Ted Salci and Members of Municipal Council
City of Niagara Falls, Ontario
Dear Members:
Re: PD-2008-31
AM-3008-007, Zoning By-law Amendment Application
4865 - 4871 St. Lawrence Avenue
Application: Community of Christ/Out of the cold
Proposed Emergency Shelter
Normally it is not my practice to comment on applications appearing before council, however,
having said that I have decided to comment on the above application. By way of this letter I
would like to show my support of the recommendations shown in the report to council.
As a Member of Provincial Parliament and as a personal supporter of both organizations I know
the importance of their services to the community. Both organizations have operated in our
community for many years providing invaluable services to those in need and this application
will allow them to continue this work.
Thank you for taking my letter into consideration.
Sincerely,
Kim Craitor MPP
Niagara Falls, Niagara-on-the-Lake, Fort Erie
3930 Montrose Road, Unit 8, Niagara Falls ON, L2H 3C9 T - (905) 357-0681 F - (905) 357-9456 E - kcraitor.mpp.co@liberal.ola.org
RECEIVED::
.love (Joe) Mrkalj APR 2 8 200$
7602 Canterbury Crescent PLANNING
Niagara Falls, ON L2H 3E7 & DEVELOPMENT
905-371-3674
April 5,2008
Director of Planning & Development o
City Hall, 4310 Queen Street
Niagara Falls, ON L2E 6X5
~~ct
RE: City File 26CD-11-2008-04 (s "~G ,
We live at the pie-shaped lot directly across the nature preserve from this proposed
development, right near the origins of Shriner's Creek, From your SCHEDULE I, our home is
located directly behind proposed UNITS 48, 49, and 50.
We have no issues with the actual development at this time, our only concern is the
manner in which the nature preserve area between our property and the proposed development
has been trampled on. Many trees have simply been tarn out or driven over by heavy machinery
in this nature preserve area, some as close as 15 feet from the back of our property and clearly not
in the development site. As a result we are no longer shielded from the QEW and all the noise
that accompanies the traffic. A simple remedy is to replant this area with mature trees and as we
had to do when we built our house is to construct a "burm" along the length of the nature
preserve ( and of course along the length of the QEW
Sincerly,
Joe Mr alj
NOTICE OF APPLICATION
AND
NiagaraFqlls PUBLIC MEETING
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PROPOSAL
The applicant proposes to register a Vacant hand
1 y~ / , fi t t~ r ~4
Condominium on the subject land. This plan will
permit the creation of vacant land' units (i.e. lots for
the future construction of 70 townhouse dwelling
units. Schedule l shows the proposed plan layout,
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HAVE YOUR SAY
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the public meeting or making a u7~tten submission. At a future meeting, Council will make a decision on - -
the application after considering all core rents
received and a detailed report from City staff.;',
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PUBLIC MEETING
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s
Date:• Monday, April 28, 2008
Time: 7.40 p.ni.
70.2-1,
Place: City of Niagara Falls J760(4 Council Cbambears, City Hall
19-
4310 Queen. Street
WRITTEN SUBMISSION
To provide comments in writing, please submit a letter to the Director of Planning & Development, City Hall,
4310 Queen Street, Niagara Falls, Ontario, L2E 6X5 prior to Friday, April 25, 2008.
MORE INFORMATION
For additional information or to view a full-sired copy of the submitted plan, please contact Richard Wilson,
Planner 2, at 905-356-7521, extension 4296 or visit tho Planning & Development Division, second floor, City
Hall, between the hours of 8:30 a.m. and 4:30 p.m.
A copy of the Planning & Development Division's Report for the Public Meeting on the application will be
available after 4:00 p.m, on Wednesday, April 23, 2008.
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Mr. & Mrs. Paul DeVellis
7599 Canterbury Crescent
Niagara Falls, ON
L2H 3E7
905.353.0442
Re. Notice of Application and Public Meeting
3232 Montrose Road - Draft Plan of Vacant Land Condominium (Subdivision)
(Vacant Land - Assessment Roll # 2725-100-003-03500)
City File: 26CD-11-2008-04
Owner: 1736194 Ontario Limited (Fred Sacco)
To The Director of Planning and Development,
This letter is in regard to the aforementioned Notice of Application and Public Meeting.
I am writing on behalf of my wife, Alexandra and me. We have resided at 7599 Canterbury
Crescent since 1998 and our home's rear yard faces the vacant land of the proposed townhouse
dwellings. Between our rear yard and the proposed townhouse dwellings runs a ravine-like
municipal watercourse which, it is our understanding, the development will be using as storm
water management. This watercourse runs into a horizontal concrete pipe, which then moves
underground. While researching our eventual lot purchase back in 1998, the drawings indicated
that this was municipal land and not private property and would be protected from any future
development. The Notice we received in the mail contains an inset drawing on page one (the
aerial view), which includes the 3232 Montrose Road site in addition to the surrounding
residential areas. It illustrates this municipal parcel of land, which separates our rear yard from
the 3232 Montrose Road site's southern-most perimeter.
Over the last several months we have watched as the developer cleared his land in preparation
for the early stages of the development process. From what we have seen, most of this has been
done on the developer's land. While we can accept land clearing when it occurs on a property-
owner's own site, we cannot condone the additional clearing of mature trees when it occurs on
adjacent city space. Neither the developer nor us (nor our neighbours for that matter) owns this
corridor, yet the developer has taken the liberty - unnecessarily - of clearing portions of that
space of numerous young saplings and destroying a rather stately, mature, deciduous tree in the
process. I have voiced our displeasure with what we perceive to be unnecessary damage to both
Rick Wilson and Rick Volpini. They were unaware of this clearing occurring on city land. They
indicated we should state our displeasure, formally, for the record Monday, April 28, 2008.
We feel that the developer has overstepped his boundary and suggest council investigate our
concern. Further, we are hopeful that the City of Niagara Falls will bring about fitting retribution
to the matter.
Sincerely,
Paul DeVellis
{
Page 1 of 1
1.
Dean Iorfida - Fwd: Sacco Property- Montrose Rd - clearing of Municipal Property
From: Ed Dujlovic
To: Alex Herlovitch; Dean Iorfida
Date: 4/28/2008 2:40 PM
Subject: Fwd: Sacco Property- Montrose Rd - clearing of Municipal Property
Attachments: DSCN3500.JPG; DSCN3501.JPG; DSCN3502.JPG; DSCN3503.JPG; DSCN3504.JPG;
DSCN3505.JPG; DSCN3506.JPG; DSCN3507.JPG; DSCN3508.JPG; DSCN3509.JPG;
DSCN3510.JPG; DSCN3511.JPG; DSCN3512.JPG; DSCN3513.JPG; DSCN3514.JPG
Alex/Dean,
Information form staff on the issue.
Ed
> > > Rick Volpini 4/28/2008 12:32 PM > > >
Ed,
as usual we receive the call after the fact. I sent Doug Evans out to snap some pictures (attached below). I also
called Fred Sacco the same day and relayed the concern to him that there was to be no entry onto City lands
without our approval. He claimed that the clearing on City lands had only taken place at the proposed sanitary
and storm sewer outlets for his development traversed City lands and some time ago.
I again stated that no further works on City lands were to take place without the proper permits and
authorization.
Call me to discuss further: Thanks.
Doug Evans 4/24/2008 10:32 AM
Here are the pits taken April 22nd. The photos should be fairly self explanatory. Taken from the south limit of
Sacco property, near Canterbury Ct.
Doug
file://C:\Documents and Settings\di202\Loca1 Settings\Temp\XPgrpwise\4815ElEADomai... 4/28/2008
(4/28/2008) Dean lorfida Fwd. Re: 3232 Montrose Rd Notice of Application Page 1
From: Francesca Berardi
To: Dean Iorfida
Date: 4/28/2008 3:15 PM
Subject: Fwd: Re: 3232 Montrose Rd Notice of Application
Dean,
The Region's Tree by-law only applies to treed areas greater than 1/2 acre on privately owned lands. As this situation
applies to municipal lands, referral to the Region would not be appropriate.
Francesca
Dean Iorfida 4/28/2008 2:32 PM
Alex:
Please see Janice's question.
Thanks
Dean
"Janice Wing" <janice wing@cogeco.ca> 4/28/2008 12:03 PM
Paul, thank you very much for bringing this to our attention. Dean, can you
please find out what recourse the City has in regard to the tree-cutting on
municipal lands? Can we address this in-house or would a referral to the
Region be appropriate?
janice
Original Message
From: "Paul S. DeVellis" <Paul DeVellis ridlevcollege com>
To: <tsalci@niagarafalls.ca>; <idiodati@niagarafalls.ca>;
<sfishern niagarafalls.ca>; <ioannoni@niagarafalls.ca>;
<kerrio@overlookingthefalls.com>; <bartmaves@niagarafalls.ca>;
<vTietrangelo@niagarafalls.ca>; <wthomson@fallsviewgroup cam>;
<jwinq(a@niagarafalls.ca>; <diorfida@niagarafalls.ca>
Sent: Monday, April 28, 2008 12:01 PM
Subject: Re: 3232 Montrose Rd Notice of Application
> City Council and Director of Council Services and City Clerk,
> Attached, please find my written submission regarding:
> 3232 Montrose Road - Draft Plan of Vacant Land Condominium (Subdivision)
> (Vacant Land - Assessment Roll # 2725-100-003-03500)
> City File: 26CD-11-2008-04
> Owner: 1736194 Ontario Limited (Fred Sacco)
> Thank you, in advance, for your attention to our concern as outlined on
> the attached file.
> Sincerely,
> Paul DeVellis
> 7599 Canterbury Crescent
> Niagara Falls, ON
> L2H 3E7
> 905.353.0442
Apr-23-08 01:39pm From-Brian Sinclair QC +9053567772 T-368 P.001/001 F-585
BRIAN SINCLAIR PROFESSIONAL CORPORATION
BRIAN N. SINGWRo Q.C.
RECEIVED Barrister and solicitor
6617 Drummond Road
APR 2 3 2008 Niagara Falls, Ontario Planning J
S an d
File.
PLANNING
& DEVELOPMENT TEL: (905) 356-7755
FAX: (905) 356-7772
April 23, 2008
BY pACS INT LE
Mr_ Richard Wilson
Planning Department
City of Niagara Palls
P.O. Box 1423, 4310 Queen Street
NIAGARA 0kLL S , Ontario
1,2E 6X5
Dear Rick:
Re: FKS, The Real Estate People Inc. & 623381 Ontario Inc.
Draft Plan of Condominium (Conversion)
6911 - 6921 Barker Street
Your File Nol 26CD-11-2007-06
I have reviewed the report to City Council in connection with the above
matter-
The conditions of approval, I think, are reasonable save and except the
cash payment of 5 5~ for parkland dedication. I think, because of the fact
that we are eliminating a very serious parking problem on Dorchester Road
by placing the parking in an alternate location, that we should aot be
penalized with a park dedication in this particular case.
I would appreciate if the staff would, perhaps, look at this and make an
alternative recommendation in connection with this condition.
Yours faithfully
BRIAN SINCLAIR PROFESSIONAL CORPORATION
Si Clair, Q.C.
BNS/ab
c , c . Mrs. Karen. DeGiorgio
Corporate Services Department
Clerk's Division
Inter-De artment Memorandum Niagara alls
TO: His Worship Mayor Salci & DATE: April 28, 2008
Members of Council
FROM: Dean Iorfida
City Clerk
Ext. 4271
RE: Tourist Exemption for Statutory Holidays
under the Retail Business Holidays Act
for Value Village, 6278 Lundy's Lane
Whether a business can open on a statutory holiday (i.e. Victoria Day, Canada Day, Civic Holiday, Labour
Day etc.) is dictated by the Retail Business Holidays Act.
Section 3 of the Act that exempts pharmacies, "small" stores, liquor stores, art galleries, markets and some
others. Failing an articulated exemption under the Act, a business may apply for a tourist exemption.
There is a process to apply for a tourist exemption. The exemption is done through the Region Municipality
of Niagara (Region) not the City. There is a fee and the Region will hold a statutory public meeting before
granting the exemption. The Region asks the lower tier municipality to "sign off' on the application first.
To qualify for the tourist exemption, the Regulations of the legislation state that a retail establishment has to
be located within 2 km of a tourist attraction and relies on tourists visiting the attraction for business on a
holiday.
In the case of some supermarkets, which have received the tourist exemption, an argument could be made that
they cater more to locals than tourists. Nonetheless, Staff is unaware of any such applications being refused
for businesses in Niagara Falls.
Value Village at 6278 Lundy's Lane is seeking a tourist exemption and would like "sign off' by Niagara Falls
City Council.
Value Village does meet the distances outlined in the regulations. Being located at the busy Drummond/
Lundy's Lane intersection, a strong argument can be made that, in the summer, at least, many of the store's
patrons are tourist. Also, most of the nearby businesses, such as Shopper's Drug Mart and the various food
establishments, are open on statutory holiday.
Although it is unlikely that Value Village will be able to get their exemption approved by Victoria Day, staff
felt that it should bring the matter to Council as soon as possible.
RECOMMENDATION: That Niagara Falls City Council support the tourist exemption
application sought by Value Village, 6278 Lundy's Lane
Working Together to Serve Our Community
Clerks • Finance 0 Human Resources • Information Systems • Legal • Planning & Development
April 23, 2008
Attention Dean Iorfida
City clerk Niagara Falls:
I am filing an application with the region for a permit to be open on stat holidays on
behalf of Value Village located on 6278 Lundy's Lane, Niagara Falls Ontario,L2E 5E9.
I believe this permit is called the tourism exempt permit.
The reason we would like to have this permit areas follows:
• We are 'located right on Lundy's lane which is a high traffic tourist area
• We have many customers who walk in 'off the street, many of which are from out
of town. We can see it in the amount of American money we get when we are
open.
• Almost every business in' our area is open... it's Lundy's lane
• We credit the Ontario federation for Cerebral Palsy and the Canadian Diabetes
Association for all donations that are'brought to the store. Being closed on a stat
holiday means A) less donations for the 2 charities
B) Donations that are brought to us that day will not get into the
store so we can weigh them and properly pay our 2 charities. When we are not open
there are plenty of people who help themselves to the donations because they are left
outside our store. We have plenty of signage, that doesn't stop people from stealing..
We have hired security guards, not cost effective.
Allowing us to open will generate more money for the 2 charities.
Our 'store .alone paid over $400 000 to the 2 charities in total in 2007.
• A stat holiday, especially weather permitting is a day when people clean out
their garages; closets etc... they then have a choice. Have a garage sale, throw
what doesn't sell in the garbage increasing waste for the region, or donate it to
an organization. The 2 organizations that we deal with are very reputable. We
accept donations on their behalf as part of our contract in which they bring us
1-3 trucks each weekday ...that we also pay for.
• Having us open on a stat holiday reduced waste. We recycle as much as we
can as a company. We recycle approx. 35 000lbs of cloth every 8-9 days.
Imagine if this went into the garbage.We give people an option to bring their
reusable items to us directly and we would even help them with their items.
We do not just have people drop things off into a box. We help and encourage
them to re use and recycle.
Canadian Diabetes Phone #905 641-3500 OFCP#1 905-522-1647
Thank You
Tony Serra
Store Manager
(905) 354-6336
v^
CITY OF NIAGARA FALLS
By-law No. 2008 - 72
A by-law to provide for the approval of Amendment No. 81 to the City of Niagara Falls Official
Plan.
THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS, IN
ACCORDANCE WITH THE PLANNING ACT, 1990, AND THE REGIONAL
MUNICIPALITY OF NIAGARA ACT, HEREBY ENACT AS FOLLOWS:
1. The attached text constituting Amendment No. 81 to the City of Niagara Falls Official Plan
is hereby adopted.
Passed this twenty-eighth day of April, 2008.
DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR
First Reading: April 28, 2008
Second Reading: April 28, 2008
Third Reading: April 28, 2008
PART 2 - BODY OF THE AMENDMENT
All of this part of the document entitled PART 2 - BODY OF THE AMENDMENT, consisting of
the following text and attached map, constitute Amendment No. 81 to the Official Plan of the City
of Niagara Falls.
DETAILS OF THE AMENDMENT
The Official Plan of the City of Niagara Falls is hereby amended as follows:
1. MAP CHANGE
i) Area 1 as shown on the map attached entitled Map 1 to Official Plan Amendment No.
81 shall be redesignated from Open Space Special Policy Area 39, in part, and
Industrial, in part, to Residential and identified as Special Policy Area 56 on
Schedule "A" of the Official Plan.
ii) Area 2 as shown on the map attached entitled Map 1 to Official Plan Amendment No.
81 shall be redesignated from Open Space Special Policy Area 39, in part, and
Industrial, in part, to Environmental Protection Area and identified as Special Policy
Area 56 on Schedule "A" of the Official Plan.
2. TEXT CHANGE
PART 2, SECTION 14 - SPECIAL POLICY AREAS is hereby amended by adding the
following new subsection:
14.56 SPECIAL POLICY AREA 56
Special Policy Area 56 applies to approximately 252 hectares of land located south of
McLeod Road and north of Chippawa Parkway, between Stanley Avenue and Dorchester
Road. The lands are designated Residential and Environmental Protection Area.
14.56. The Residential policies of this Plan apply to the area designated Residential
with a Special Policy Area designation. Development will occur in
accordance with a Secondary Plan to be adopted as an amendment to this
Plan. The extent of the Residential designations and Environmental
Protection Area designations may be affected by the environmental and
feasibility studies yet to be completed and will be refined through the
Secondary Plan process.
14.56.2The Secondary Plan shall address the policies of Part 4, Section 3 of this Plan
and the following:
14.56.2.1 Residential design in compliance with the greenfield policies
and density targets of the Growth Plan for the Greater Golden
Horseshoe and all applicable Growth Management Studies.
v
-2-
14.56.2.2 The separation and buffering of sensitive land uses from
existing rail lines and proximate industrial land uses, facilities
and designations in accordance with relevant Provincial and
Regional policies and regulations and in consultation with
industrial properties owners in the area.
14.56.2.3 The availability of adequate municipal services including
road, water, sanitary sewer and stormwater management
services including the location of a pumping station to service
the southern portion of the subject lands.
14.56.3The Secondary Plan may include design guidelines for public realm facilities
including neighbourhood structure, block design, lot size and variety,
neighbourhood edge interfaces, local street design guidelines, sidewalks and
streetscaping, parks, trails and open spaces and natural heritage as well as the
private realm including building variety and density, setbacks, building
height, apartment buildings and parking areas.
14.56.4The Secondary Plan shall require the completion of the appropriate studies
or the receipt of Records of Site Conditions through implementing planning
applications.
14.56.5No development or site alteration shall be permitted within the areas
designated Environmental Protection Area. Refinement to the extent of the
Environmental Protection Area and Residential designations and the
establishment of appropriate setbacks and linkages will occur at the
Secondary Plan, zoning by-law, plan of subdivision, plan of condominium
and site plan control stages and shall be based on detailed Environmental
Impact Studies.
14.56.6As part of the Secondary Plan, the proponent shall prepare a report to
determine the feasibility of creating a wetland area south of the Con Rail
Drainage Ditch to the satisfaction of the Niagara Peninsula Conservation
Authority (NPCA).
(a) The report will assess the feasibility of satisfying the following
criteria:
That an area of wetland be created south of the Con Rail
Drainage Ditch that is greater than or equal to the area of
wetland to be lost north of the Drainage Ditch. The boundary
of all wetlands located north of the Con Rail Drainage Ditch
will be verified in the field by a qualified biologist to
accurately assess the area of wetlands to be developed and
created.
That the wetland created south of the Con Rail Drainage
Ditch be constructed to match both the hydrological and
ecological functions of any wetlands to be lost north of the
Drainage Ditch.
v
-3-
(b) In order to determine the feasibility of creating wetlands south of the
Con Rail Drainage Ditch, the feasibility report shall include the
following items:
A detailed assessment of all earthworks and site grading
required to facilitate wetland creation on the site. The
assessment shall also include a detailed inventory of
vegetation to be removed through any required earth works
and site grading.
A hydrological assessment which will outline and detail the
existing hydrologic function of wetlands located north of the
Con Rail Drainage Ditch, as well as assess the potential of
creating wetlands south of the Con Rail Drainage Ditch.
A detailed inventory of all vegetation to be removed from
wetlands north of the Con Rail Drainage Ditch, as well as an
assessment of habitat conditions and wildlife species utilizing
wetland areas north of the Drainage Ditch.
(c) No land clearing, vegetation removal or site alteration be commenced
within any wetland area north of the Con Rail Drainage Ditch until all
wetland creation works south of the Drainage Ditch are completed to
the satisfaction of the NPCA.
14.56.7The subject lands will be placed in an appropriate `Holding' category in the
implementing zoning by-law in order to control further development in
advance of approval of the secondary plan, plans of subdivision/
condominium and site plan.
MAP 1 TO AMENDMENT NO. 81
SCHEDULE - A - TO THE OFFICIAL PLAN
Q Areas Affected by this Change - Special Policy Area "56"
Area 1- Proposed change from Industrial and Open Space -Special Policy Area "56"
to Residential -Special Policy Area "56"
Area 2- Proposed change. from Industrial and Open Space -Special Policy Area "56"
to Environmental Protection Area -Special Policy Area 56
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CITY OF NIAGARA FALLS OFFICIAL PLAN N
EXCERPT FROM SCHEDULE - A - FUTURE LAND USE PLAN
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ENVIRONMENTAL PROTECTION AREA OPEN SPACE S
® INDUSTRIAL ® RESORT COMMERCIAL
RESIDENTIAL MAJOR COMMERCIAL I NTS
NOTE: This schedule forms part of Amendment No. 81 to the Official Flan for the City of Niagara Falls AM-28/2006
and it must be read in conjunction with the written text.
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April 2008
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CITY OF NIAGARA FALLS
By-law No. 2008 - 73
A by-law to provide for the approval of Amendment No. 82 to the City of Niagara Falls Official
Plan.
THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS, IN
ACCORDANCE WITH THE PLANNING ACT, 1990, AND THE REGIONAL
MUNICIPALITY OF NIAGARA ACT, HEREBY ENACT AS FOLLOWS:
1. The attached text constituting Amendment No. 82 to the City of Niagara Falls Official Plan
is hereby adopted.
Passed this twenty-eighth day of April, 2008.
DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR
First Reading: April 28, 2008
Second Reading: April 28, 2008
Third Reading: April 28, 2008
i
PART 2 - BODY OF THE AMENDMENT
All of this part of the document entitled PART 2 - BODY OF THE AMENDMENT, consisting of
the following text and attached map, constitute Amendment No. 82 to the Official Plan of the City
of Niagara Falls.
DETAILS OF THE AMENDMENT
The Official Plan of the City of Niagara Falls is hereby amended as follows:
1. MAP CHANGE
i) Area 1 as shown on the map attached entitled Map 1 to Official Plan Amendment
No. 82 shall be redesignated from Industrial and Environmental Protection Area, in
part, to Residential and identified as Special Policy Area 57 on Schedule A of the
Official Plan.
ii) Area 2 as shown on the map attached entitled Map 1 to Official Plan Amendment
No. 82 shall be redesignated from Industrial to Environmental Protection Area and
identified as Special Policy Area 57 on Schedule A of the Official Plan.
2. TEXT CHANGE
PART 2, SECTION 14 - SPECIAL POLICY AREAS is hereby amended by adding the
following new subsection:
14.57 SPECIAL POLICY AREA 57
Special Policy Area 57 applies to approximately 66 hectares of land located on the north
side of Brown Road, west of Montrose Road to just east of Garner Road. The lands are
designated Residential and Environmental Protection Area.
14.57 SPECIAL POLICY AREA 57
Special Policy Area 57 applies to approximately 77 hectares of land located on the
north side of Brown Road, west of Montrose Road to just east of Garner Road. The
lands are designated Residential, Industrial and Environmental Protection Area.
14.57.1 The Residential policies of this Plan apply to the area designated
Residential with a Special Policy Area designation. Development
will occur in accordance with a Secondary Plan adopted as an
amendment to this Plan.
14.57.2 The Secondary Plan shall address the policies of Part 4, Section 3 of
this Plan and the following:
14.57.2.1 Residential design in compliance with the
community design policies and density targets of the
Greater Golden Horseshoe Growth Plan and all
applicable Growth Management Studies.
Ar
-2-
14.57.2.2 To ensure compatibility is maintained policies for the
appropriate separation and buffering of sensitive land
uses from proximate existing and future heavy,
medium and light industrial facilities are required in
accordance with relevant Local, Regional and
Provincial plans and policies. More specifically, the
Provincial Policy Statement and Ministry of the
Environment Guidelines require that industrial and
sensitive residential uses be appropriately designed,
buffered and/or separated from each other.
In order to maintain a compatible arrangement of
land uses, this Official Plan Amendment, the
subsequent Secondary Plan and any implementing
approvals will conform with and prescribe in greater
detail the following:
a) A minimum distance separation of a 2 km radius
from heavy industrial uses located south of
Brown Road west of Garner Road to sensitive
residential uses is to be maintained. This
minimum distance separation is delineated in
the form of an are with a radius of 2 km with the
end points of the arc measured from the
northeast corner of the north leg of Garner Road
and Brown Road easterly to a point 516 metres
and northerly to a point 608 metres as shown
and labeled on Map 1 to OPA No. 82.
b) Lands located within this minimum separation
distance are as set out in (a) above will be
restricted to lower intensity uses within the
Environmental Protection Area as per Policy
12.57.4 and to industrial uses within the
Industrial designation. No residential uses,
overnight accommodation uses, institutional
uses or assembly type uses will be permitted.
Buildings in this area will be restricted to three
(3) storeys.
c) In addition to providing an appropriate
separation distance between industrial and
residential uses, residential building heights will
be restricted to 2%2 storeys within this Special
Policy Area, including all forms of housing set
out in d) below.
-3-
d) Any form of senior citizen housing or other type
of higher density residential development will
be restricted to locations east of Kalar Road and
north of Warren Creek.
e) Notices regarding the proximity of heavy
industrial land uses to residential dwellings and
the inherent possibility of noise, odour and air
emissions will be included in future subdivision
agreement(s), site plan agreement(s) and
purchase and sale agreements.
f) Any application to amend these Official Plan
Policies or related implementing Zoning By-
law(s) and any other Planning Act
application(s) within Special Policy Area 57
shall be subject to the public notification
requirements of the Planning Act and shall
include circulation of notice(s) to the registered
owners of the heavy industrial lands south of
Brown Road and west of Garner Road and north
of Chippawa Creek Road within the municipal
boundaries.
14.57.2.3 The availability of adequate municipal services
including roads, water, sanitary sewer and
stormwater management services including the
location of a pumping station to service the southern
portion of the subject lands.
14.57.3 The Secondary Plan may include design guidelines for public realm
facilities including neighbourhood structure, lot size and variety,
local street design guidelines, sidewalks and streetscaping, parks,
trails and open spaces and natural heritage as well as the private
realm including building variety and density, setbacks, building
height, apartment buildings and parking areas.
14.57.4 No development or site alteration shall be permitted within the areas
designated Environmental Protection Area. For clarification,
development and site alteration does not include the creation of a
passive trail system that will be in designed in conformity with a
Trails and Open Space Plan that forming part of the Secondary Plan.
Refinement to the extent of the Environmental Protection Area lands
and appropriate setbacks will occur at the Secondary Plan, zoning
by-law, plan of subdivision, plan of condominium and site plan
control stages and shall be based on detailed Environmental Impact
Studies.
-4-
14.57.5 The subject lands will be placed in an appropriate `Holding'
category in the implementing zoning by-law in order to control
further development in advance of approval of the secondary plan,
plans of subdivision/condominium and site plan.
MAP 1 TO AMENDMENT NO. 82
SCHEDULE - A - TO THE OFFICIAL PLAN
Areas Affected by this Change - Special Policy Area "57"
Area 1 - Proposed change from Industrial and Open Space - Special Policy Area "57" to
Residential - Special Policy Area "57"
x = X =x Area 2 - Proposed change from Industrial and Open Space - Special Policy Area "57" to
r.xnx.
Environmental Protection Area - Special Policy Area "57"
- - - - - • Industrial Minimum Distance Separation
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CITY OF NIAGARA FALLS OFFICIAL PLAN N
EXCERPT FROM SCHEDULE - A - FUTURE LAND USE PLAN W E
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~,x xrx ENVIRONMENTAL PROTECTION AREA RESIDENTIAL
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GOOD GENERAL AGRICULTURE ® RESORT COMMERCIAL l :NTS
INDUSTRIAL MAJOR COMMERCIAL
AM-31/2005
NOTE: This schedule forms part of Amendment No. 82 to the Official Plan for the City of Niagara Falls
K:1GIS Requew\20051Schedules\wningAM\AM.311mapping.map and it must be read in conjunction with the written text. April 2008