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Additions 2008/05/26 ADDITIONS TO COUNCIL. MONDAY, MAY 26, 2008 Community Services 1. Resolution to go into Closed Meeting. Council Planning Matters 1. PD-2008-46 -Official Plan & Zoning By-law Amendment Application Oakwood Drive, South of McLeod Road Proposed Major Commercial Development (Shopping Centre) a) Correspondence from Josh Kaufman, Smart Centres b) Correspondence from Joel Farber, Fogler, Rubinoff LLP c) Correspondence from John Sorokolit, Consulate Ventures Inc. d) Correspondence from the Niagara Peninsula Conservation Authority 2. PD-2008-51 -Draft Plan of Vacant Land Condominium 3232 Montrose Road (East Side), Opposite Matthews Drive Owner: 9736194 Ontario Limited (Fred Sacco) a) Correspondence from Peter Colosimo, Regional Public Works Dept. b) Correspondence from Michael Allen, Architect 1 , The fit of Niagara Falls, Ontario Y Resolution No. Moved by Seconded by WHEREAS all meetings of Council are to be open to the public; and WHEREAS the only time a meeting or part of a meeting maybe closed to the public if the subject matter falls under one of the exceptions under s. 239(2) of the Municipal Act, 2001. TI3EREFORE BE IT RESOLVED THAT on May 26, 2008 Niagara Falls Council will go into a closed meeting to consider a matter that falls under the subject matter of 239(2)(d) of the Municipal Act, 2001, labour relations, to deal with personnel issues. AND The Seal of the Corporation be hereto affixed. DEAN IORFIDA R. T. (TED) SALCI CITY CLERK MAYOR "~~~Y1~'@5' 704 Applewaad Crescent, Vaughan, ON, L4K 5x3 Telephone (905} 760-fi~00 Fax (905} 7fi0-6202 May 23, 2008 Mr.Alex Herlovitch Director of Planning Planning Department City of Niagara Falls 4310 Queen St. Niagara Falls, ON L2E 6X5 Re: PD-2008-46 AM-46/2006, Official Plan and honing By-law Amendment Application Dear Alex: Thank you for the opportunity to comment on the staff report relating to the above noted application by SmartCentres. SmartCentres is in general agreen~.ent with the recommendations that are to go before Council on May 26th, 2008. There are, however, a few issues within the report that require your consideration in amending. Our comments are as follows: l.Girculation Comments a. Page 2 -Regional Municipality of Niagara i. Paragraph 3 -The 50% contribution to the intersection of McLeod Road and Oakwood Drive as set out by the Region requires clarification. The intersection at Oakwood Drive and McLeod Road has been included in the overall improvements of McLeod Raad, which have been proposed by the Region and the Municipality. Therefore, it was our understanding that the intersection improvements would be included in the amount to be cost shared with other proposed developments in the area. If the intent is far the Region to allow us to proceed naw and the cost of the work will be taken into account when the cost sharing for the overall McLeod Road corridor is deternuned, then this is an acceptable alternative for us. b. Page 3 -Transportation Services i. Paragraph 2 We have proposed that a transit bay be provided on Oakwood Drive as part of the design of the road. It is atypical to require public transit to enter a development such as the one we are proposing. Furthermore, three sides of the site will have frontage along Oakwood Drive, which bisects the site and passes along both the north and south sides of the site; thus, providing ample opportunity to locate transit facilities in the most efficient location. Properly located, access to both portions of the site can be accommodated through bus bays located on the exterior roads. For those reasons, it is preferable that transit services be provided ofd site rather than on-site as suggested by Transportation Services. 2. Page d, Section 3 "The need for and market feasibility of the proposed use has been demonstrated" a. Part c, Paragraph 3 i. rt was SmartCentres' understanding that applications could be filed for Council consideration prior to January 1, 2011, though approval for additional development would not be authorized prior to January 1, 241.1. 11. SmartCentxes is in agreement with the proposed phasing; however, the wording is ambiguous and could be interpreted such that all specialty retail have a minimum floor area of 1.,394 square meters within the development. We request that the wording be amended to state that nunimum floor areas are only required for the second phase, and only if the site does not include a home improvement tenant. 3. Page 7, Section 4 "The proposal will require additional road improvement" a. Paragraph S i. We reiterate our comment, above, related to clarifying the treatment of the contribution for Oakwood Drive and McLeod Road intersection improvements in the context of the overall McLeod Road corridor irprovements being examined by the Region. 4. Page 8, Section 5 "The proposed site design is acceptable with enhanced landscaping" a. Page8 and 9, Paragraph 2 i. The recommendakion to amend the by-law to require loading and service areas away from the street frontages should be deferred to the site plan stage as it is viewed as restrictive to the ultimate configuration of the site. We agree that it will be necessary to screen the loading and servicing areas; however, the orientation of the building is a matter to be determined as part of the site plan approval process and not through the zoning provisions. b. PageB and 9, Paragraph 4 i. The SmartCentres site is unique and warrants deviating from the standard landscape requirement. With the required road improvements, the site can be designed to incorporate 14% landscaping. We have requested that the landscaping requirement be reduced to 10% because the required widening to Oakwood Drive and the MTO requirement of a 14 metre setback reduce the amount of area otherwise available for landscaping. r c. Page$ and 9, Paragraph 5 x. W e reiterate our comments, above, regarding the appropriate location for bus stops /bus bays servicing the site. Y trust the above is clear, however should you have any questions or wish t© discuss any of the above please call me at (41 b) 7t12-b22Q. I thank you for your time and consideration in these matters. Sincerely, Josh Kaufman FQgler, 'Rubinoff LL`P Barristers & Sc~iicitars. ~'0~~, ~a Wellington 5treet.West Su~~e t ~Qtl, Tara~~to Dom~man ~eMtre .:~.t.~:a~~.0~~ Toronto, ~>u M'SJ 2z9 ~ ~K: =r, Tel; 4l 6.864.970 Fax: 416,941.8852 _ wwvu;fnglerrc~l~in~ff.com Reply To: Joel D. Farber Direct Dial: 416.365.3707 May 26, 2008 E-mail: jdf@foglerrubinof£com Our File No. 05/1778 VIA EMAIL His Worship Tad Salci and Members of Municipal Council cio Mr. Dean Iorfida, City Clerk The Corporation of the City of Niagara Falls 4310 Queen Street Niagara Falls Ontario L2E 6X5 Dear Council: Re: Oakwood Drive South of McLeod Road (Roll loos. 2725-1100-020-5400 and 2725-1100-020-5300) Official Plan and Zoning By-law Amendment Application City File AM-46/2006 -Oakwood Place Shopping Centre Inc. (Joshua Kaufman) We are the solicitors for RRVP Niagara Square Inc., owner of the Niagara Square Shopping Centre. Our client has received Notice of the Public Meeting in respect of the above-referenced development and has received a copy of the Staff Report PD-2008-046. We are asking Council to defer consideration of this application. In our view, consideration of the application is premature, given the inability of approved and zoned developments to move forward at this time. Currently Niagara Square has no anchor tenant and continues to have substantial vacancies. OPA 60 was adopted by the Region in May, 2005. An objective of OPA 60 was to promote and strengthen Niagara Square. OPA 60 designated Niagara Square for up to 50,000 sq.m. of retail chor the site in a new space, with the Intent that a new Canadian Ttre store would ultimately an building at McLeod and Montrose. OPA 60 also contemplated new development opportunities for Niagara Square, both within the mall and through pad developments. Notwithstanding the enhanced designation of the centre more than three years ago, none of the new development opportunities have yet to be constructed as the City, the Region and the Ministry of Transportation continue to delay and frustrate these projects. All of these projects are virtually shovel-ready. Fogler, Rubinoff Page 2 of 3 r LLP Since our client purchased this property, it has been able to re-merchandise space vacated by Hudson Bay and Zellers. However, Niagara Square continues to be plagued with vacancies and tenant turnover. Continued enhancement of the centre through new buildings and secure long term tenancies is required to alleviate the continued underperformance of the centre, to the extent possible. As Council is aware, Niagara Square does not have a true anchor tenant, given the closure of Zellers and the Bay. Its largest retail tenant is the Winners store at approximately 32,000 square feet. While the Galaxy Cinema is important to the performance of the centre, the cinema use does not serve a true anchor tenant function in that it does not provide the volume of spin off shopping trips to smaller retailers and service providers that a true anchor tenant would provide. As set out in the Official Plan, Niagara Square is to be promoted "as a full regional shopping centre containing approximately 50,000 square metres of gross leasable area." The Niagara Square was originally built and planned for two .regional serving anchor tenancies - it now has none. The Niagara Square also has a planned function to contain retail space of approximately 538,000 square feet, whereas the site is now only approximately 385,000 square feet (including the area under construction) of which approximately 40,000 square feet is vacant. The site is therefore only at a 70% utilization rate, with a vacancy rate of more than 10% (of the built space alone). As a result, Niagara Square is currently not fulfilling its planned function. In order for Niagara Square to be provided with the opportunity to fulfill its planned function, it is imperative that all development approvals necessary to permit the Canadian Tire and the new pad projects be secured. In our client's view, the Canadian Tire project been unreasonably delayed by the Region, the City and the Minister of Transportation. Until such time as all necessary development approvals are in place for Canadian Tire, consideration of the Smartcentres application is premature. Our client remains concerned with impacts arising from the yet unbuilt but also long since approved commercial development on the north side of McLeod Road on lands formerly owned by the City. Until such time as those lands are substantially tenanted, the risk to Niagara Square remains too great to consider any further commercial development. To that end, it is imperative that Official Plan and By-law restrictions contain minimum floor space restrictions for retail and service commercial uses. While we note the 15,000 square foot minimum proposed for Phase 2, this minimum size should be applicable to all specialty retail and not just the "second phase", as is currently proposed in the draft OPA. Such restrictions are necessary to ensure that Niagara Square remains viable and continues to fulfill its planned function. r Fogler, Rubinoff Page 3 of 3 LLP We reserve the right to make further submissions in respect of this application. Youxs truly, FOGLER, RUBINOFF LLP ~oel _`n. (computer generated signature) Joel D. Farber JDF/lmn cc. client Alex Herlovitch K:VFarber\WpData\RioCan\Niagara Square, Re-Development\Letterslcity clerk-03.doc i F~ar~ Fix rya. I~ay. 2~~s ~4PM ~ti~=_ r ~~tx~: May ~f~, 2005 Mayor Tom. 5~~.1ci Members c~t`I~Tia,gara Falls ~;ouncil 431, ~ C~ueen ~`treet Niat'a. Fa.11s, C}rti~t`ic~ ~.,~T-~, ~~5 RE: oaltrrvoatl Ihiw~c south of Mc.l..ead ttoa~d Ralf Nos. 272-1100WOZ~~~40f1 and X725-1100-02(~-~3U0 OfC~ieial Flan and Zc~rii~ig Ey-law Arnenclment Ap~plicaziotl ~`it~r File A_M-4fi/~~il~•~oa:~w 'plc sha ~ yin C'en r 7ne. Vl,e are the owners of 1.5 acres irnmed~iat~iy north, Qt`tk~e su.l~ject °land flantrng on oa~woQd gave, We abject to the proposed. site plan for the ;~mae-t ~:erctt•es development. The rear of the ~protaased ~~'~a1-:Mart stc~1•e i~ i;~cin~; c~u~' l~ric~ ~ric~ ~khe ~teighlx~u~•in~ development to the north ~Mcl~c~nald's and. Petro~Canada). This will create a physical barrlc;r and n4~at1VC; 1~Y1~aC1. t)n t~2e cat~xxtael'~I~.l develQl3lxletlt O~aL1T' land This proposed site lalan desi,~n will a.ls~ impede il~c: t"law afc~uston7cr ~rchiclcs and trai~ic between the two devele~pinenl;s. With the ~VVaI-Mart building sa close to the property line, there will also be a negative shadowing Effect upon aux i.. ~ acre develapnnent. Earlier versions of the Sx~.y~t C:eritre site plan had ~t~?e W~1-Mt s~tc~re with t~h~: rc~r tacin~ the oni:a~~o hydY a lands ~,a the east, anti the fro~~~t of the stoY•e facing the ~.P,W to the west, This ~mirrc~red the design cif 7~Ti~,~~~'~, Squarc across the SEW. W~ w~~ald sappc7rt sash a design. ours trusty, ~'.UN~ULAT VENTURES lJ'~1C~. . J~~n _ ~t~rc~lcc~lyt JR~:Ish 377 TSurnhurrilhcym~ kcyud ~n.:i, ~ui~e !!7, Mississauga, C~nit~~nio. ~-:~nacia J,S,A.:~Y1 Nh: (:~~p.5) 27~a-7~59Q r~.x: (905) 27(i-1973 u~iGaiGUUB MCN 14:48 ~'AX 905 788 1121 Nia. Cons. Auth. Niagara Falls - PL/PW/EN L~j001/U~3 NIAGARA PEN1N5l~~.A C{JI~SERVAT'IQN ,,,i.,. ~ tri A U T H O R I T Y ~~w z5o rhorald Roed West, 3rd 11oor Tcl (905) 788.335 ~t Welland, tlntario L;C 3Wz Fax (905) 788-silt A N E•mail: npca~tonse?vation-niagara.an.ca ~h?1 ~ ~ 2~~ ~ 1~~~ May 26, 2008 P LA 6~ ~ f N ~ DEUE[MOPII~ENT MPR 9.20 Mr. Alex Herlovitch, Director of Planning and Development City pf Niagara Falls City Hail 4310 Queen Street Niagara Falls, ON L2E 6X5 Dear Sir: Subject: Applicatiori for Zoning Bylaw and Official Pian Amendment Oakwood Place Shopping Centre Your File AM-4612©06 Based on the revised application to permit the development of the property as a large scale commercial complex (430,570 ft~), we offer the following. Further to our letter dated April.5, 2007, our comments and recommendations remain the same (see attached). As such the Conservation Authority has no further objections to the approval of these applications. Please send notice of your Council's decision. Further, we ask that the NPCA be included as a commenting agency for the Site Pian Agreement application so we may provide more detailed review to further address our -comments and recommendations. I trust the above will be of assistance to you. Please. do not hesitate to call should you have any further questions. Yours truly, - c„i) Lindsay Earl Watershed Planner (ext. 272) Encl. y - ~ pp . _ - - g 5/26/2008 Rick Wilson Montrose Rd Condominium A lication Pa e 1 From: "Colosimo, Peter" <peter.Colosimo@regional.niagara.on.ca> To: <elustig@broderickpartners.com> Date: 5/23/2008 2:35 PM Subject: Montrose Rd Condominium Application CC: <aherlovitch@niagarafalls.ca>, <rwilson@niagarafalls.ca>, "Stevens, Bill... Ed Re: Draft Plan of Vacant Land Condominium 3232 Montrose Road (Regional Road 98) City of Niagara Falls Further to our conversion earlier this afternoon I would advise as follows: Traffic Impact Study -road construction is planned for Montrose Road by the Region. The traffic impact report we have requested it to consider impacts this development may have in terms of ingress and egress to this site, site lines at the new entrance, and potential impacts across from Matthews Drive. The design of the proposed entrance with any landscaping, sidewalks or fencing should be provided as part of the assessment of considering sight line impacts Daylighting Triangles - We will not require daylighting triangles if this study determines that they are not necessary. Further, recommendations of the traffic study must be to the satisfaction of the Region. One Foot Lot Reserve -This is necessary to preclude access in perpetuity onto Regional Road 98 (Montrose Road) and is a normal legal requirement for plans of subdivision/condominium. In this regard the Region requires the dedication of a one foot lot reserve across the site along Regional Road 98, except for the entrance to the project. Archaeological Assessment -Upon further review of this matter, there is a low probability of the discovery of significant resources and we have not a similar report on adjacent lands developed in the immediate area. On this basis we will not require an archaeological assessment for the proposed condominium development. -a-------, . a.. T_ r ~ P - (5f26/2008) Rick Wilson -Montrose Rd Condominium A I~cation ge 2 If you have any questions please contact me for assistance. Peter Colosimo, MCIP, RPP Transition Manager, Development Services Regional Niagara Public Works Department 2201 St David's Road, P.O. Box 1042 Thorold, ON L2V 4T7 Phone: 905 984 3630, ext. 3382 Fax: 905 641 5208 E-Mail: peter.colosimo@regional.niagara.on.ca <mailto:peter.colosimo@regional.niagara.on.ca> The Regional Municipality of Niagara Confidentiality Notice The information contained in this communication including any attachments may be confidential, is intended only for the use of the recipients} named above, and may be legally privileged. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, disclosure, or copying of this communication, or any of its contents, is strictly prohibited. If you have received this communication in error, please re-send this communication to the sender and permanently delete the original and any copy of it from your computer system. Thank you. 25/5 298 Mt]N 1Q~: G4 FAX 995 984 5542 ALLEN ~$tTI AR~HITE~TS ~41/~92 www.ec-dtChiteCl8,e0rtf ~tffe~ 1chu1 architects inc. architect ur6en planner lrft~r~~~ d~~lgry ,p~oJect management Studio ~tA l4rchJ~~tttlt'iJ Qf~JC~ 443 Eastcnester Ave, 985 Quern Street East L 905.954,$545 f -9$4-5542 ta16.462.0389 I,41B.4~2.1954 $t.~a~hari~s, Qnterio L2M 5S2 TGP~filt~, dntaria M4M 1112 F~~c T~~r~rriitt~! Project hlo. Ta: Mr Ian Iorfida - +~ity Clerk From: Micharel Allen Fix: ~0~-~S~-9U83 F~~~~. 2 Incl. hover !'~h1~1r~~: C1a~~: R.e: 332 Niontrase Rai. C~: Mr. Rick Volpini, ~z~ginee~n~ Dept., M~~ Fri Lu~ti,~, ~mderick & P'~tn.~rs Ple~~e find attached, a loner regarding ~e prc~~et~y la~ated at 3233 Montrose Road ~Txagaxa falls, Ontario. This letter i~ a result of a meeting conducted prier to the ~~tlncil meeting on MarYdaya May 2~, 2pOS. Thank you X6/05 20U8 MQN 10:05 FAX 905 984 5542 ALLEN CHLTI ARCHITECTS l~Jpp~/q~~ all~n ¦ cl~~i ~rcf~it~ct~ ins. arehite~t urban planner in~eriQr ~d~~ign prajecf management May ~~108 Mr. Rich Valpini - Engineer ~/a'~'hc City of ~iiagara. falls 4~~ 11 Qr>teen Street ~Tlagera, ~'ahs, ~N. RE: Montrose ~d Iyraft Plan of ~andaminium Dear Mr. V'alpini, Further to our ~neetirtg of May 2Zr'~, I v~rc~uld 1il~e to thanl~ you and Mr. Wilson fo>r arranging and conducting the meeting with the ~.djaeent neighbor{s)~ sa as to review end resolve their concern(s) xegardirrg the tree that was removed on the municipal land adjacent to the subject development land(s~. Ya summary, it was acknowledged that the tree in question vrras removed pretn.aturely by the developer, and that he wot~l~l move forward w~.th a reasonable solution that would satisfy bath Mr. I~ivellis ~i Mr. 1Viarl~alj. Although resolving the neighbor's issue of the tree being removed, it was further acl~nowledged that the firee in question would have been removed regardless once the renstruetian officially commences so as to allow the service cannectic~n(s} to the municipal & regional services. however, as agreed. to by all parties; Mr. Sacco will further ertga., the landscape architect to provide two alternatives sa as to replace the tree that wt.'s removed: The proposal will be 2 trees in lieu of the one that was remmoved; the replacement(s~ will be deciduous or coniferous spea.es or in combination, and is to be reviewed and considered by Mr. Divellis ~c lv[r, Markalj. STUD10 t~FFlCE.- 443 Eastchester Avenue Further to the tree issue, I wish to acknt~wledge that Mr. Sacco has also St. Catharines, ors, complied with the Reg~ian's requests to install silt screening/ erpsion ~M protection to the area(s) where the sail lies been disturbed until such time -r~i (~~sl s$a-ssas that the landscaping is reinstated. Fix (905 984-542 AR~H~~~~cr~a~ OFF1~E.~ again thank you far yauar assistance is resolvi>rltg the matter as Hated, if you 9$5 Queen Street East have any further comments ar questions tc~ the enclosed please do not Torc~rtt~, ON. hesitate tQ rttaCt mc. M4M 'i 1C~ Tel (4~6) 4s~-0389 Respectfully Fax (41 fi) 462-~ Michael Allen Architect. Michael I.~. t~llen M. Arch, M. i.IP', S. Arch Trrcc:h G1,A.A . Pl~.INCIISAL AR~HTTE~T -PLANNER e-mail: infQ~ao-architects.com wWW.~G-enchitecf~.oom