Additions 2009/01/26 ADDITIONS TO COUNCIL, MONDAY, JANUARY 26, 2009
Council
Corporate Services
REMINDER: Please bring your Budget Binder and Operating Budget Priority
Document
Planning Matters
1. PD-2009-03 - Regulating Nightclubs and Bars in the Historic Drummondville
Area, AM-2008-034
a) Correspondence from Councillor Janice Wing
b) Correspondence on behalf of the Niagara Falls Chiropractic &
Rehabilitation Clinic
c) Correspondence from John Ainslie
d) Correspondence from Gordon West, Chairperson, NF Board of Museums
e) Correspondence from the Region's Planning Dept.
fl Petitions
Legal Matters
1. L-2009-10 - Buttrey Street Lands - Declaration of Surplus
a) Correspondence from Aird & Berlis
~ P~nMng ~
-6glirnetl
FileG'p /
23 January 2009
Alex Herbvitch
Director of Planning 8 Development
C$y Hall
4310 Queen Street
Niagara Falis, ON
L2E 6X5
Re: Zoning Bylaw AmendmeM Application
Reguiation of Nightclubs in the Historic Drummondvilie Area
City File: Am-2008-034 - City of Niagara Falls
Dear Alex,
As ynu know, I have long championed what is now known as the Historic
Drummondville area, getting my start in public life through my efforts to preserve
Lundy's Lane Battlefield lands. I have also served on the Main & Ferry BIA the entire
duration of my time on Council. l would like to offer some insights, based on my
knowledge and understanding of the area, and also on my recent research, whieh may
be of assisTance to you in this matter.
I believe in the potenUal of this district (which was, along with Chippawa and Stamford
Village, one of our community's frrst settlemerrt areas), and I have great faith in the
ability of the BIA Board members with whom I have been working these past few years
to accomplish the vision of the Historic Drummondville C1P.
The prominent situation of the area - directly between the Lundy's Lane Tourist Area
and the Fallsview, Vctoria-Centre and CNfton Nill Tourist Areas, and traversed
repeatedly by tourists traveling between these districts - has a twafold impact: On the
positive side, it otfers excellent opportunities for investors. On the cautionary side, any
decline in the area is readily visible to a large segment of our visitors.
This lends an extra imperative to fhe revitalization of Flistoric prummondville: If the
distrlct itself is imperiled, so are countless visitors' impressions of our city as a whole.
This will be magnified as tha area becomes a destination for War of 1812 Bicentennial
visitation.
I therefore v~sh to express my suppoR for the Main & Ferry BIA's posltion on the
proposed Zoning Bylaw Amendment Application to provide regulation of nightclubs in
the Historic Drummondville Area. I belie~e it is important to encourage continued
investment in family-friendly businesses and attractians in the area. I also believe it vital
that new uses be congruent with the vision of the CIP.
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~ The Conceptual Urbart Design Guidelines for the Historic Drummondville CIP describe
~ : the area (p. 4) as "a plaoe with sVong historic identity." (The area was also suggested
for considehU"on for district desagnation under Part V of The Ontario Neritage Acf in our
municipality's Heritage Master Plan.) Tt~e Land Use Plan for the liistoric
Drummondville CIP describes the vision for the area (p. 7) as `one that reinforces the
existing character of the area by creating a revitalixed pedestrian and vehicular
environment that will resutt in a unique sense of place for the historic streets."
The CIP identifies the Main and Ferty intersedian as the "neighbourhood centre."
Appfo7cimately 30% of the propetties currerRty listed in the City's Munrcipal Register of
Heritage Properfles lie within a hatf mite of that comer. Of the 31 properties in Niagara
Falls designated under Part N of The Onhdrio Meritage Act, fu~ly one-quarter are v+rithin
a ha1F-mile of this crossroads.
Three schools, nine churches, and three cemeteries also lie within that half-mile radius.
A representative of one of the local churChes contacted me in the fa0 about paRnering
with the municipality and BIA an revitalization initiatives. As a resutt of my initial
discussions with ministers from two area chu~hes, a meeting with representatives from
three of the area churches was held with Ciiy staff, and a further meeting is scheduled
for this week.
Currently there are frve Bed 8~ Breakfasts within a half-mile radius of Historic
Drummondville's "neighbourhoai centre." Two of the City's museums, the Sylvia Place
Fartners MaAcet, and the Coronation Fifty Plus Recreation Cerrtre are all within the
General Commercial ar~a, as are three of the city's four funeral homes. New health
care businesses are establishing i~ the northem section of the CIP area's General
Commercial zone.
Stable residential neighbourhoods surround the Main and Ferry commercial area. Many
families have lived in the area for several decades. Residential dansity is a
characteristic too: At least 16 apartment buildings are within a half-mile of Main and
Ferty, and the Renaissance Retirement Suites is approved for a site withi~ the General
Commercial zone.
It should be apparent that the Historic Drummondville area is not an appropriate location
for nlghtclub operations. Area residents have already, on two occasions in reeent years,
opposed nightclub proposals for the Historic Drummondville area. 7he most recent was
Yhe Prey nightclub proposed for 6890 Maln Street (the former CIBC at the comer of
Main and Ferry). I am aware that a large number of letters of objection to a liquor
licence for that premises were sent to the Alcohol and Gaming Commissfon of Ontario.
There was also vigorous neighbourhood opposition, in the late 1980s, to the Plush
Restaurant and Nightclub proposed for the former Coca Cola building at 6158 Ms~in
Street.
There are several sizable old buildings in the area which could potentially be canverted
to large bars or nightclubs. There are already two Adult Entertainment Parlours artd six
bars (two have which had their Liquor Licenses suspended within the past year) within
the geographic confines of the Main & Ferry BIA area. This is not a large area: It
extends only a few blocks easterly and westerfy, and t~e same northerly and southerly
I believe that the area cannot support any more of this nature of establishment
(especiatly nightdubs or large bars) without imperiling its ability to achieve the
ppjectives of the CIP.
The Historic Drummond~ille CIP area is beginning to see the establishmenl of new
retailers and services~ as N+e~~ as reinvestment by established businesses. This trend is
one which 1 understand area business owners, churches and residents alike wish to see
continue. Nightclubs do not fit this shared vision for the area. The proposed regulations,
to prevent bars and nightGubs irom proliferating, are necessary to support the atea's
Iong term vftality as well as the current revitalization which is well underway.
I agree with the reCOmmendations regarding separation requiremerrts, contained in
report PD-2009-03, which would exte~d the separation distances for nightclubs
established for the Queen Street area to the Historic Dtummondville area. I also agree
with the recommendation to impleme~ the same parking requirements for nightclubs in
the Queen Street area to the Historic Drummondville area. I have come to reali~e,
however, that staffs support of continuing to use occupancy-based definkions for
"nighiciub" and °licensed establishments" is dangerously behind the times.
lt is explained, in the Planning Analysis, that the current definition of a nightclub was
adopted in 2004 for the Queen Street area based on research by RCI ConsuRing on
behaff of the powntown Board of Management. Other Ontario municipalities have since
discovered that, in dense old downtown commercial districts, problems can easily arise
when licensed establishmerits with individual "head counts" of far less than 499 are too
closely concentrated.
A 12 August 2008 Otfawa C(tizen article, which may be viewed online at
hHp:l/www-canacla.corrVottawacttlzeMstory.htrnl?id=0s9c8908-b79d~8a~9663-ec240a41 bfa8
underlines the danger in failing to akso require separation between smaller (ioensed
establishments whiCh operate in the late evening and early moming hours. The article
discusses how Ottawa has seen a clustering of smaHer pubs oonnected by intemal
corridors. This is something which could become a reality in the old downtown
commercial areas of Niagare Falls too (and there are severa4}, where old buildings
share common walls.
The same Ottawa Citizen article also demonstrates why it is important for Niagara Falls
to anticipate "hybrids" in updating its planning regulations for liquor licensed
establishmertts. This trend, which the City of Toronto has taken formal steps to
recognize and regulate (under the City of Toronto (1Aunicipal Gode, "hybrid" means a
restaurant that becomes an EnteAainment EstablishmentlNightclub after 1030 prre), is
not just cor~fined to Toronto. Ottawa hes had problems with "restaurants" which "put the
menus away around 9 p.m., cfear tables away, crank up the canned or kive music and
focus on salling alcohol° plus 'places masquerading as restaurants that didn't open until
late at night and served almost no food."
Just as the Qowntown Rideau BIA (as described in the Ottawa Citizen article)
recognized the potential for (ess than fulty-considered t'egulations to "limit good
businesa and cukural opportun~ies, the Main & Ferry BIA has idenlified a probism with
using general d~nitions of a"Licensed Establishment as any facility licensed for fhe
cnnsumption of alcohol and a Nightclub as a Iicensed establishment exceeding 499
persons capacity." The Main & Ferry BIA is correet in advising that the City's definition
of "Nightclub" should successfully differentiate 6etween a business whose primary
fundion is to operate as a bar or rtightclub and othef large operetions (eg. a dinner
theatre) which are liquor-licensed in sn ancillary manner as an enhancement of their
primary servioes. It is the bar or nightGub use and hours of operation, rather than
merely building occupant numhers, thal is problematic.
The recent trend in other municipalities is to adopt a use-based d~nition of
"Entertainment EstablishmentlNightclub," specifying an establishment or part thereof
whose principal funCtion is the provision of prerecorcled or live music for dandng by
patrons and where food or beverages may be secved. The City of Toronto's approach is
describeC succinctly in the 27 June 2006 King-Spadina Secondary Plan Iteview (which
may be viewed online at http:nwww.to~onto.ca~planning~pdfncing_spadina final~Yt.pdf). This
documerrt notes, on pp. 27-28:
Nightdubs are inGuded in the definition of an E~tertainment Establishme~t in !he City's planning
documents. However, the impacts of a nightdub, versus a thaahe versus e restauranUhar are
very unique. It is useful to d'ifterer~tiate the categories of Entertainment EstaNishment uses
throughout ihe varfoua City documents to clearfy articulate the diiferences among this ~ery
diverse land use ctassiticcatlon.
On February 2, 2006, By-Law No. 20-2006 was enacted by Councp, This amendment to the
ToronM Municipal Code, Chapter 545 establfshes a new class of bus'mess
license- EnlertainmeM EstablishmenUNighklub. This new dass of business ff deflned as follows:
"Entertainment Establi5hmenUNightdub-a premises, induding but not limited to a dance hafi a
disco, used to provlde danca facilities for patrons, whare seatlng is not provided for the majority of
ttie patrons and where tood or beverage may be for sale as an ancillary use."
Based on this dafinition, a common definition for Enterfalnment EstablishmentlNightcluh within
the King~Spadina Plan end implementing zoniag by-law has baen established through zoning by-
law amendments enacted by City Council in February 2006 and Apn7 2006 (Byaaws 198-2006
and 301-2006). This change helps to diHerentiate nightdubs and their impacts from other
Enterfalnment Establishment uses, as well as to fiarrnonize planning controls with lhe Municipal
Code and licensing agencies.
An example frnm closer to home, the 22 September 2008 St. Catharines Downtown
Licensed Establishment Ste~dy, is online at
http://www.stcetharine&.CalcityserviceskilydepartrnanteJplanninglresou rces/dles_plann ing_report_sep22.
ptlf
It outlines how, in 2007, St. Catharines CounCil directed a study be done of licensed
establishments in the doumtown and also passed an interim control bylaw to restrict the
creation of new licensed establishments with particular characteristics. In Ap~il of 2008,
Council extended the interim control bylaw for another year. Among the consuttanYs
2008 recommendations were (p. 2):
Changas to planning reyulations fo esta6lish a new dafinition oE an entertainment
establishmenVnightGUb;
Establish maximum licensed dpaaty for entertainment eslablishmentsJnightduba, limit Me totsi
~umher of such estabfiahments; estaMish ~Imits on the maximum size of such ~tablishments
{350 square metres); and rac7uire innerior staging a~eas; .
Create a new class of business licences for entertainment establishmentslnigMGubs to require
addftional measures to improve operation and security as thesB establishments
(i woutd note that Toronto already has such a Gass of business licenses. I am
concerned that there may be a danger that, if we dv not quickiy follow this trend, our
tourism-focused, less heavily-regulated cily could becortie a magnet for such clubsJ
On September 22, 2008, St. Catharines Councii directed the Planning Servicss
department to infiate the publio prooess required to amend the zoning by-Iaw to
impEement the following recornmendations:
1. The introduction of a new defini[ion in the zoning by-law to iden6fy entertainment
eataWish menUnightclub
2. To i~uce regulsdons to controi the number, ske and concenRation of
entertainment esl~biishment nightGubs in the dow~tuwn
3. The inhoductio~ ot minimum separation tlistances belween entertainmenVnight Gub
estabushments
7oronto, St. Catharines and Ottawa have all (in the past couple of years - as a ~esuri
of more recent studies than RCI's Glueen St. work) seen fit to come up with what the
Ottawa article cal{s "new definHions of bars and nightclubs." Why is Niagara FaAs
missing the boat? There is a reafily heading our way that our city is onfy begin~ing to
experienoe. Are we going to wak unti! more people like Brampton's Navdeep Singh
(killed on Victoria Avenue May 28, 2006, as described in online Niagara Falls Review
article http:/lwww.niagarefellsreview.calF'rintAAto~e-e~sWCre=~319628) are killed here?
I strongly believe that Repott PD-2009-03 shoutd not be approved but sent badc for
further study. The Main & Ferry BIA's suggestion that "a zoning description which
reflects a clear understanding of a nlgMGub's use, rather than merely building occupant
numbers, may be a better approach," is far more in step with the use-based approach
whieh Ontario municipalities are discovering are needed in the current times.
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Niagara Falls, ON
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Chiropractic DG (~'gI'~ j~O~Bge10 B:S6.D.C. DocmroJChrroprac[ic
& Rehabilitation
Glinic
61 SO Valley iYay; Niagara F'alLs, Ontario LZE l Y3
Tel (905) 35?-SSb6 Frrx (905} 356-9866 ~ t~+anr,~ns `
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January20, 2009
M~. Alex Heriavitch
Director of Planning and Development
City Hall
4340 Queen Street
Niagara Fails, Ontario
RE: Zoning Bylaw Amendment Application
Regulation of Nigfitclubs in the Hi§toric Drummond~ille Area
Citv File: AM-2008-034-Citv of Niaaara Falls
Dear Mr. Herlovitch;
My name is Dc Gary Polegato. I have been a Chiropractor in Niagara Fails for 26
years. In September 2008; my partners and I were given a privileged opportunity
by the city of Niagara Falls to develop a Retirement Home in the Historic
Drnmmondville area. I understand there is the potential for numerous Nightclubs
and their associated parking facilities to be iocated within this historic area and the
possibility of one nightclub to be Iocated not more than 110 yards away from our
new retirement facility, that will provide housing for up to 130 seniors:
The noise levels, large crowds and increased tra~c associated with these
nightclubs can only be a significant dete~rent to any future redevelopment to an
area that is in drastic need of revitalizatibn.
Historically, the presence of nightclubs and bars in a residential area, such as the
Main and Ferry Street corridor will significantly impact the local residents in a
negative manner, i.e., elevated noise levels, large crowds (up ta 490 peopfe) and
increased traffic associated with pstrons exiting the nightciubs in the early morning
hours. There is also the potential foc violence that can be associated with the
consumption of alcohol.
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As a doctor, I know how important a good nighYs sleep is in relation to overali
good health. When you are a senior, a good nighYs sleep is even more criticai to
maintainirig good health. Interrupted sleep that can be caused by the noise of
large crowds and increased t~affic from those leaving the nightclubs in the late
evening hours is just as devastating on the body as no sieep at all.
Therefore, my colleagues and f who are developing the new Retirement
Residence in the Historic Drummondville area wouid like to see the same
standards and parking requirements in the downtown area, applied to the Historic
Drummondville area as welL We support the following:
(1) Adding definitions for Licensed Estabiishments and Nightciubs for the
Historic Drummondville area.
(2) Requiring Nightclubs to be separated from other Nightclubs or Licensed
Estabiishments a minimum distance of 100 metres (328 feet).
(3) Requiring Nightclubs to be separate from a residential zone a minimum
distance of 45 meters {145 feet}.
(4) Requiring on site parking for a Nightclub to be provided at a rate of 1
parking space per 5 persons of occupancy.
We are also in full support of the following proposals as well:
(1) Requiring large bars to be subject to the same regulations as large
Nightciubs.
(2) Establishing an occupancy level lower than the current 499 persons to
differentiate between NighYclubs and smaller establishments.
(3) Establishing floor area caps, such as those found in the City of Ottawa
regulations.
5incerely yours,
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Dr. Gary Polegato and Dr. Nick Vaccaro
doctors of Chiropractic
Niagara Falls Chiropractic Clinic
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January 22, 2009
Alex Herlovitch,
Director of Planning & Development,
City of Niagara Falls.
Re: Zoning Bylaw Amendment Application
Regulation of Nightclubs in the Historic Drummondville Area
City File: Am-200&034 - City of Niagara Fatls
Dear Mr. Herlovitch,
The Main & Ferry BIA has been working for some time towards the goal of
rescuing this azea from its presenY state of decay. It is important to tect the
remaining excellent businesses on the Main Street section, and preven the invasion
of ]ess desirable ` businesses'.
It is the desire of the BIA to re-invigorate the azea as a family oriented part of
our city. To get this result, it is most important to discourage, by passing the
appropriate Amendment to the Zoning Bylaw, the proliferarion of such
establishments as Nightclubs and so-called ` Adult Only' businesses that lead to a
higher incidence of crime.
As you know, we are working hard to plan for the upcoming celebrations of
the 200"' Amriversary of the Battle of Lundy's Lane with the upgading of the
Historical Museum and Battlefield. It is obviously our wish to make this a great
tourist draw and attract families, both young and old, to tt?is historic site.
We are also planning to restore and rejuvenate the whole Drummondville
community and introduce such things as street festivals wluch can be a great draw
for young families and, if carefully planned, bring the community together as never
before.
Such ideas would come to nothing if it were to become an area lrnown chiefly
for its Nightclubs and activities attracting the dark side of humanity. I would
therefore emphasize the importance to our City to sharply curtail, by the necessary
Bylaw Amendment, the proliferation of such operations.
Let us watch Historic Drommondville gow to be a fami]y destinarion for all.
Sincerely,
o .
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John Ainslie, a long serving Warden of We former All Saints Church, situated
as the anchor to the eastern side of Dmm~nondville.
@~. Planning y
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City of Niagara Falls Boar o useums
~ • ,~i , ~ : ~ 5810 Ferry Street - Niagara Falls - Ontario - L2G 159
a~,",,sa``~3~tP' Te1:905-358-5082 Fa~c:905-358-0920
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Director of Planning and Development
City Hall
4310 Queen Sheet
Niagaza Falls, ON
L2E 6X5
. January 20, 2009.
Re: AM-2008-03~ Cttv of Nia2ara Falls
Reeu[alin¢ Niehtclubs and Bars in the N'ulnric Drummondville Area
Please consider this letter as support of City Council's direction to amend the zoning in the Historic Drummondville
Area to regulate nightclubs and licenced establishments.
As you are aware, the Board of Museums is in the process of planning a major legacy project to commemora[e the
Lundy's Lane Battle from [he War of 1812. This Sl2 million project will create a heritage experience like no other in
Uie City, providing visitars to our City with the oppor[unity to positively experience one af the counhy's most historic
places. This project is d'uec[ly in fitting with [he direction recommended within the CiTy's Heritage Master Plan
which recommends the City "Focus Heritage Product Development on the Bicentennial of the War of 1812" (Niagaza
Falls Heritage Master Plan, September 2005, p. ]76). This Legacy Project falls within the area affected by the Zoning
amendment.
We support the following staff recommendations in Council Report PD-2008-114 dated December 15'", 2008:
• Provide a more specific definition for the te[ms Licensed Establislunent and Nigh[club. We recommend that
City Council cazefully consider all options with regazds to setting a capaciry Iimit on these establishments;
• Delete the term Tavern from the list of permitted uses;
• Require nightcluhs to be scpazated from other nightclubs and licensed establishments by a dis[ance of 1 DO
metres 328 ft and from residenrial zones by a distance of 45 metres I48 ft; and
~ Require that nightclubs provide on-site parking at a mte of 1 parking space per 5 persons occupancy.
We support the vision of the Historic Drummondville C[P of a family friendly historicalty minded district where
visitors and residents can enjoy a unique experience. We feel that the regulation of Licensed Establishenents and
Nightclubs in the Historic Dnimmondville Area is a positive step [owazds this vision.
Please feel free [o wntact me should require further informa[ion regarding this ]etter.
Sincerely,
, . . . - . . .
1 - 1... . ~ . . .
G ' `L~~ ....-~L~J(~~r
Gordon West - - - ~ ~ ~
Chairperson, Niagara Falls Board of Museums ~
. ~ . . . ~ .
_ T_~ - -
~(1/23/2009) Andrew Bryce ZLBA AM-2008-034 ~ Page~
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~ Planning ~
From: "Mabee, Sue" <sue.mabee@niagararegion.ca> F°""-"~'~ ~
To: "Andrew Bryce" <abryc~(a~niagarafalls.ca> ~
Date: 1/23/2009 2:44 PM
Subject: ZLBA AM-2008-034
CC: "Ungaro, Judy" <judy.ungaro@niagararegion.ca>
Good afternoon Andrew,
Re: ProposedZoningBylawAmendmentAM-2008-034
Regulation of Night Clubs in the Historic Drummondville
District
Regional Development Services staff has reviewed the above noted zoning
bylaw amendment application. The purpose of the amendment is to add
provisions to regulate nightclubs in the Historic Drummondville Area.
The area is located within the Urban Area for the City of Niagara Falis
where a range of industrial, commercial, and residential uses are
supported.
Regional Road 20 (Lundy's Lane and Ferry Street) runs easUwest through
the subject area. It should be noted that the Regional road in this
area is a very busy arterial roadway and there is little opportunity to
increase the roadway capacity in this area. Although parking is a local
jurisdictional issue, there should be no consideration given to new
development where the applicant would be seeking additional on-street
parking.
Please note that the Regional Policy Plan pertaining to road allowance
widening requests, the designated widths area as follows:
Regional Road 20 - from Garner Road to Main Street - 262 metres
Regional Road 20 - from Main Street to Stanley Avenue - 23.2 metres
In conclusion, based on our review, Regional staff has no objection to
the Zoning Bylaw Amendment application subject to the above comments
with respect to Regional Road 20 and parking.
Please send notice of Council's decision. y,.
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,(1/23I2009) Andrew Bryce - ZLBA AM-2008-034 ' Page~
Sue Mabee, MSc. Pi.
Planner
Development Services Division
Regional Municipality of Niagara
Phone:905-685-4225 ext.3386
Fax:905-687-8056
Regional Municipality of Niagara Confidentiality Notice:
The information contained in this communication including any
attachments may be confdential, is intended only for the use of the
recipient(s) named above, and may be legally privileged. If the reader
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communication to the sender and permanently delete the original and any
copy of it from your computer system. Thank you.
Wnereas the historic Drummonville area does not have any restrictions conceming a li
Planning
establishment whose facility is licensed for the consumption of alcohol, ~^•"nae
,L
File: ~n N
Whereas the downtown azea is already zoned for General Commercial activities having certam ~1
restrictions, ~~~D~
~7
Whereas the current historic Drummonville's business associations have been engaged in
plans to improve and revitalize the said areas,
Whereas the residents within the historic Drummonville area are concerned about further
deterioration by closing shops and services,
Whereas the organizations like churches, schools, senior centers and other community-
oriented groups are gathering together to bring vitality and plan for future family centered
activities to the said azeas with multicultaral festivals and other activities,
We, the undersigned members, adherents, friends and neighbours of the historic
Drummond Hill Presbyterian Church, petition the City Council to zone the historic
Drummondville area as the area zoned for General Commercial activities effectively;
- de5ne a Licensed Establishment as any facility licensed for the consumption of
alcohol and a Nightclub as a licensed establishment exceeding 499 persons
capacity,
- delete the term Tavern from the list of permitted uses;
- require nightclubs to be separated from other nightclubs and~licensed
establishments by a distance of 100 meters and froro residential zones by a
distance of 45 metres; and
- require that nighclubs provide on-site parking at a rate oF 1 parking space per 5
pcrsonsoccupancy.
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Whereas the historic Dnimmonville azea does not have any restrictions concerning a licensed
establishment whose facility is licensed for the consumption of alcohol,
Whereas the downtown azea is already zoned for General Commercial activities having certain
restrictions,
Whereas the current historic Drummonville's business associations have been engaged in
plans to improve and revitalize the said azeas,
Whereas the residents within the historic Drummonville azea aze concerned about £urther
deterioration by closing shops and services,
Whereas the organizations like churches, schools, senior centers and other community-
oriented groups aze gathering together to bring vitaliTy and plan for future family centered
activities to the said azeas with multicultural festivals and other activiYies,
We, the undersigned members, adherents, friends and neighbours oF the historic
Drummond Hill Presbyterian Church, petition the City Council to zone the historic
Drummondville area as the area zoned for General Commercial activities effectively;
- deGne a Licensed Establishment as any facility licensed for the consumption of
alcohol and a Nightclub as a licensed establishment exceeding 499 persons
capacity,
- delete the term Tavern from the list of permitted uses;
- require nightclubs to be separated from other nightclubs and~licensed
establishments by a distance of 100 meters and from residential zones by a
distance of 45 metres; aud
- require that nighcluhs provide on-site parking at a rate of 1 parking space per 5
persons occupancy,
Name Address
Phone Number
- A inT ClZ7 .A~SJ S ~~/-6i !
, ~3~ ~ ,~k~~ ~l~ .(-~r-~
~0 Lt~ ~cX/~v 0.ir4)a .3.J6..5~6~
~ 7~z~ V~r~a~K~tSfi ~r-~ ~s~-tir~
i. 7 ~ - r, j ~ _ ~ _
- , ' ~ 73
, G• G 7 i ..i'! ,J . <<7. j> ~ .
:l '<<i < _i.r<'Si E.y- ! 1d'c- /l~~l:'G: irr'C i z~>r S -
5~ ~7~Y
~ ~ C>. \ ~ , - ~ . 'l
- 2 1 `"n'-,--~ ~i'~ ~ ~ ~ ~ L - ~
']a~-w~,.c.r'~77~~..z~~....-~ t~so~~-~i~~as ~~a~{-
~ ri.. ~l ~ JC= s' i 7~
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~ C,
r C
C: . S'</- G o S L;,~-~G ~ c%
,i ' ~ ~ - ,ti ~
` 1 L` ~S' ZyzC
LY ~-~4~~~ ~ 1 _ ~-i..,,,~,~ l,t 4
; ~ ~ ' 3 -~:~59
,
Whereas the historic Drummonville area does not have any reshictions concerning a licensed
establishment whose facility is licensed for the consumption of alcohol,
Whereas the downtown area is already zoned for General Commercial activities having certain
restrictions,
Whereas the current historic Drummonville's business associations have been engaged in
plans to improve and revitalize the said azeas,
Whereas the residents within the historic Drummonville azea aze concerned about further
deterioration by closing shops and services,
Whereas the organizations like churches, schools, senior centers and other community-
oriented groups are gathering together to bring vitality and plan for future family centered
activities to the said azeas with multicultural festivals and other activities,
We, the undersigned members, adherents, friends and neighbours of the historic
Drummond Hill Presbyterian Church, petition the City Council to zone the historic
Drummondville area as the area zoned for General Commercial activities effectively;
- define a Licensed Establishment as any facilily licensed for the consumption of
alcohol and a Nightclub as a licensed establishment exceeding 499 perso~s
capacity,
- delete the term Tavern tram the list of permitted uses;
- require nightclubs to be separated from other nightclubs and~licensed
establishments by a distance of 100 meters and fram residenrial zones by a
distance of 45 metres; and
- require that nighclubs pravide on-site parking at a rate of 1 parking space per 5
personsoccupancy.
Name Address Phone Number
~:.y /c', Z „
?
r1 S t ~2 ~ „
.i~u~~ u.t,~. 1~ca''~~a:~,r.~'~ G,~ N% ~'~~-P~S~~
! C%~~~ 1ui~r~ ~(~~2 ~ ~r ~
t r~C~nCa,v~ ~ 1% cM Sc,n, ~ S~ ~U7 °
LKm~9r~ t~7~~! o vT/ f ~'~.G ~•n
~ ~ Cex~ ~ pd~ r~F sy -~r~q
~i zs~ ~/,~y„,,,,,~ . ~/F Yos 3s~e/~y.
E+~cE.v .S'o.c~tti ~v.?ay ryr.a„-~2 i?F 9~s=3S-7_s~~~
Whcreas the historic Drummonville axea does not have any restrictions concerning a licensed
establishment whose facility is licensed for the consumption of alcohol,
Whereas the downtown area is already zoned for General Commercial activities having certain
restrictions,
Whereas the cunent historic Drummonville's business associations have been engaged in
plans to improve and revitalize the said areas,
Whereas the residents within the historic Drummonville area are concerned about further
deterioration by closing shops and services,
Whereas the organizations like churches, schools, senior centers and other community-
oriented groups are gathering together to bring vitality and plan for future family centered
activities to the said areas with multicultural festivals and other activities,
We, the undersigned members, adherents, friends and neighbours of the historic
Drummond Hill Presbyterian Church, petition the City Council to zone the historic
Drummondville area as the area zoned for General Commercial activities effectively;
- define a Licensed Establishment as any facility licensed for the consumption of
alcohol and a Nightc?ub as a licensed establishment excecding 499 persons
capacity,
- delete the term Tavern fram the list of permitted uses;
- require nightclubs to be separated from other nightclu6s and~licensed
establishments by a distance of 100 meters and from residential zanes by a
distance of 45 metres; and
- require that nighclubs provide on-site parking at a rate of 1 parking space per 5
persans occupancy.
Name Address Phone Number
/2 ~c2fi~ G~I~ s ~ 0~3~~ 3s~-i
Co c FL •
~aR~~,J ~ ~'~-c,c ~8~~- 1~c~~q.~T ,C~1.r11, of 3r sv7~
~A-Rw,~ Coc,k~e.r9 z$~L I~~tL~Sa ~-C L w~ °(6S 354~~54~~
u.:~~~ AS~. ~`1 d~l ~ u ~ r~ 5 ~l -[9' ~
Whereas the historic Drummonville area does not have any restrictions concerning a licensed
establishment whose facility is licensed for the consumption of alcohol,
Whereas the downtown area is already zoned for General Commercial activities having certain
restrictions,
Whereas the current historic Drummonville's business associations have been engaged in
plans to improve and revitalize the said azeas,
Whcreas the residents within the historic Drummonville azea are concerned about further
deterioration by closing shops and services,
Whereas the organizations like churches, schools, senior centers and other community-
oriented groups are gathering together to bring vitality and plan for future family centered
activities to the said areas with multicultural festivals and other activities,
We, the undersigned members, adherents, friends and neighbours of the historic
Drummond Hill Presbyterian Church, petition the City Council to zone the historic
Drummandville area as the area zaned for General Commercial activities effectively;
- define a Licensed Establishment as any facility licensed for the consumption of
alcohol and a Nightclub as a licensed establishment exceeding 499 persons
capacity,
- delete the term Tavern from the list of permitted uses;
- require nightclubs to be separated from other nightclubs and-licensed
establishments by a distance of 100 meters and from residential zones 6y a
distance of 45 metres; and
- require that nighclubs provide on-site parking at a rate of 1 parking space per 5
persons occupancy.
Name Address Phone Number
~ 10 " s' ' ~
~ ~ r ' ~ ` ~ . r _ : ~ -
...~c ..:i;
~ .
,
, ~ ,~i_. -
../o ~G/ ~~~G k=rk'~c . ~C SP-iSo~ '
.~n-r~7inr~ /~.~R~ i~~ ~~R~~a~~ ~S~-iSo 6
a
Whereas the historic Dnumoondville area dces not have any restrictions conceming a licensed
establishment whose facility is licensed for the consumption of alcohol, aud
Whereas the downtown area is already zoned for General Commercial activities having certain
restrictions, and
Whereas the current }tistoric Drummondville's business associations have been engaged in
plans to irnprove and revitalize the said azeas, and
Whereas the residents within the Iristoric Drummondville area aze concemed about fivther
deterioration by closing shops and services, and
Whereas the organi~ations like churches, schools, senior centres and other community oriented
groups aze gathering together to bring vitality and plan for future family centred ackvities to the
said azeas with multicWtural festivais and other activities,
We, the undersigned members, adherents, friends and neighbours of the historic
Drummond Hill Presbyterian Churc6, peHtion the City Council to zone the historic
Drummondville area as the area wned for General Commercial activities only
and to effectively:
- define a Licensed Establishment as any facility liceosed for the consumption of
alcohol, and a Nightclub as a licensed establishment exceeding a capacity of 499
persons, aod
- delete the term Tavem from the list of permitted uses, and
- require Nightclubs to be separated from other Nightclubs and licensed
establishments by a distance of 100 metres, and from resideotial zooes by a distance
of 45 metres, and
- require that Nightclubs provide on-site parlring at a rate of L parking
per 5 persons occupancy.
PRINT NAME ADDRESS PHONE SIGNP.TURE
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Whereas the historic Drnmmondville azea dces not have any reshicdons conceming a licensed
establishment whose facility is licensed for the consumption of alcohol, and
Whereas the downtown area is already zooed for General Commercial activities having certain
restrictions, and
Whereas the current historic Dnmimondville's business associations have been engaged i~
plans to improve and revitalize the said areas, and
Whereas the residents within the historic Dnunmondville area are concemed about fiuther
deterioration by closing shops and services, and
Whereas the organizations like churches, schools, senior centres aud other commuuity oriented
groups are gathering together to bring vital(ty and plan for future family centred activities to the
said areas with multicuitural festivals and other activities,
We, the undersi~ed members, adherents, friends and oeighbours of the historic
Drummond Hill Presbyterian Church, pefiAOn the City Council to zone fhc historic
Drummondville area as the area zuned for General Commercial activities only
and to effectively:
- de£ne a Licensed Establishment as any facility liceused for the coosumption of
alcohol, and a Nightclub as a Gcensed establishment ezceeding a capacity of 499
persons, and
- delete the term Tavem from the list of permitted uses, and
- require Nightclubs to be separated from other Nightclubs and ticensed
establishments by a distance of 100 metres, and from residential zones by a distance
of 45 metres, and
- require that Nightclubs provide on-site parking at a rate of 1 parking
per 5 persons occupaocy.
PRINT NAME ADDRESS PHONE
SIGNATURE
CV ~~GGH
7s sa Pa...~~,~.oR n 3a6 a,YL ~
Ma~,/y„~ ~„r 66d 3~~ s~ ~3 a-~r, s- r~~(~
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Whereas the historic Drumtnonville area does not have any restrictions conceming a licensed
establishment whose facility is licensed for the consumption of alcohol,
Whereas the downtown area is already zoned for General Commercial activifies having certain
restrictions,
Whereas the wrrent historic Drummonville's business associarions have been engaged in
plans to improve and revitalize the said areas,
Whereas the residents within the historic Drummonville area are concerned about further
deterioration by closing shops and services,
Whereas the organizations like churches, schools, senior centers and other community-
oriented groups aze gathering together to bring vitality and plan for future fazni]y centered
activities to the said areas with muliicultural fes6vals and other activities,
We, the undersigned members, adherents, friends and neighbours of the historic
Drummond Hilt Presbyterian Church, petition the City Council to zone the historic
Drummoudville area as the area zoned for General Commercial activities effectively;
- define a Licensed Establishment as any facility licensed for the consumption of
alcahol and a Nightclub as a licensed establishment exceeding 499 persons
capacity,
- delete the term Tavern from the list of permitted uses;
- require nightclubs to be separated from other nightclubs and~licensed
establishments by a distance of 100 meters and from residential zones by a
distance of 45 metres; and
- require that nighclubs provide on-site parking at a rate of 1 parking space per 5
persons occupancy.
Name Address Phone Number
~ ~/cz~r a( ~(5 ~i
t
< .c~/~~il ~a., c n-
, o~e ~ ~ -
a ---rt--
_~_du,n,p-~.p ~'1,,._S~IG~ ~2iQ~
r
-
____~ti~~ -
- ~/u_
_
Corporate Services Department
Clerk's Division
Inter-Department Memorandum Niagara~aIls
TO: His Worship Mayor Ted Salci DATE: January 23, 2009
& Members of Council
FROM: Dean Iorfida
City Clerk
Ext. 4271
RE: Aird Berlis Letter
Although there is a report declaring surplus Buttrey Street Lands, staff is not proposing they be sold
at the meeting of January 26`h.
The last appraisal ofthe property was done in 2001. Staff is suggesting that the appraisal be updated.
and the land be sold in compliance with our Sale of lands by-law.
Finally, there are some other issues surrounding the property(s) (see letter from the Region).
RECOMMENDATION: Refer to staff for a report.
/
Working Together to Serve Our Community
Cferks • Finance • Human Resources • Information Systems • Legal • Planning & Development
AIRD Fi BERLIS G~.v
Barristers and Solicitors
N. Jane Pepioo, C.M., Q.C., LL.D.
Direcl: 416.865.7727
E-mail: jpepino~airdbeAis.com
January 19, 2009
File: 99972
VIA Electronic Mail & Facsimile
His Worship Mayor T. Satci & Members of Council
City of Niagara Falls
City Hall
431D Queen Street
Box 1023, Station Main
Niagara Falls, ON L2E 6X5
Dear Mayor Salci R Members of Councii:
~ffer to Purchase City Land- Buttrey Street
Aird 8~ Berlis LLP have been retained by Cross~ink Bridge Corporation, which remains
very inferested in developing City owned vacant lands lacated south of Buttery Street,
East of River Road in the City of Niagara Falls.
We request that at its earlisst opportunity, which our client advises is January 2B, 2009,
Council consider the offer submitted by our client in July 2008 to purchase twa parcels of
land fotalling 9 acres: a 7 acre parcel which fronts on the south side of Buttery Street, and
a 2 acre parcel located proximate to the Regional Sewage Treatment Plant.
Please do not hesitate to contact us should you require any additional information.
Yours very truly,
AIRD 8~ B LIS LLP
• N. Jane Pepino, C.M., Q.C., LL.D.
NJP/JEJ
c.c. Ken Beaman, City Solicitor, Clty of Niagara Falls
Richard Brady, Urban & Environmental Management Inc.
CrossLink Sridge Corporation
4772564.1
Brookfield Place. 181 Bay Street, Suite 1800, Box 754 . Toronto, ON • M51 ZT9 . tanada
T 416.BS3.1500 F 416.863.1515
www nirdharlic.rom
PUBLIC WORKS
2201 St. David's Road °g o 0
Niagara Region p.0. Box 1042, ~Q Filing °q
Thorold, Ontario L2V 4T7 ~ e•~~d"
Te1:905-685-1571 Toll-free:1-800-263-7215
Fax: 905-687-8056
www. niagararegion.ca
LEG2~L fi1~PT.
January 22, 2009 e JAN 2 3 2d09
ncTiora
~DI3CUSS
Mr. Kenneth Beaman 'NFo
City Solicitor
City of Niagara Falls
4310 Queen Street
Niagara Falls, ON L2E 6X5
Dear Mr. Beaman:
Re: Part 2 on Plan 59R-11659
Location of newly commissioned Buttrey Street High Rate Treatment
Facility and the Central Sanitary Sewage Pumping Station Flume
Parcel held by The Regional Municipality of Niagara and
The Corporation of the City of Niagara Falls as Joint Tenants
We have become aware that Crosslink Bridge Corporation, a private interest, has
acquired the former CN lands adjacent to the above parcel with an eye to its
redevelopment. We understand they are interested in acquiring part of Part 2, Plan
59R-11659, in conjunction with their development proposal. We are aware that Council
of the City of Niagara Falls will be considering whether to declare its interest in part of
Part 2 and other lands surplus to the City's needs, presumably as the first step towards
a sale to the private interest.
As joint tenants with the City of Niagara Falls and partners in the management ~f the
sewage, storm and wastewater operations on the site, we would not recommend or
support the declaration of surplus property, nor the sale of any part or partial interest in
Part 2, 3, or 4 of Plan 59R011659 at this time.
We do not consider the Region's interest in Part 2 surplus to the Region's needs as it is
the location of the Central Sanitary Sewage Pumping Station Flume and the
new High Rate Treatment Facility which the Region is operating on behalf of the City.
Since the new facility has only recently been commissioned and is a major treatment
point in the system, since the effect of the new facility on the overall site cannot be
assessed this early in its operations, since it cannot be gauged at this time whether
Building Community. Building Lives.
Mr. K. Beaman
City of Niagara Falls
January 22, 2009
Page 2 of 2
there will be a future need to expand the facility to accommodate the present or future
needs of the system, and since there are serious issues of the compatibility of other
land uses either on the site or adjacent to same, we believe it is premature and unwise
to proceed to dispose of any part of this parcel at this time.
In addition to the central sanitary sewage pumping station and the high rate treatment
facility on Part 2, there are also three underground pipes to be considered. There is a
900 mm forcemain exiting from the High Rate Treatment Facility to Buttrey Street and
ultimately to the Stanley Avenue Wastewater Treatment plant; it appears that this
: forcemain runs under the northerly section of the portion of part 2 the City is considering
declaring surplus. There is an 1800 mm gravity sewer running from the former Central
Sewage Pumping Station to the High Rate Treatment Facility, across the former CN
lands, the subject of a crossing agreement with CN which we are advised by CN was to
have been assumed by Crosslink as purchaser. There is a 200 mm forcemain running
from the Central Sewage Pumping Station Flume on Part 2 to Buttrey Street, again
across the former CN lands, which is the subject of an easement from CN/now
Crosslink to the Region, and to which Crosslink as new owner is servient. In addition to
these concerns, Part 4 on Plan 59R-11659 has been leased to the Niagara Falls Bridge
Commission since the early 1950's.
The City's joint interest in a portion of Part 2 cannot be conveyed without participation
and agreement by the Region. We would urge the City to decline to declare their
interest in Part 2 of Plan 59R-11659 surplus, and to take the matter up with the Region
in full consultation, preferably after the passage of time when the full needs of the
community for this essential system can be better assessed.
Yours truly
: /
Kenneth J. Brothers, P. Eng.
Commissioner of Public Works
Copy: Betty Matthews-Malone
- 7 - July 7, 2008
Council Minutes
6. MW-200835 - Fernwood Estates - External Servicing
1) That the City enter into an agreement with the developer of Fernwood
Estates to carry-out the e~Rernal servicing required for the subdivision.
2) That the Mayor and City Clerk be authorized to execute the agreement.
7 R-2009-26 - Smart Centres - Allocation to Bike Lane Millennium Trail
That staff investigate the applicability of Development Charges for development of
the Millennium Trail.
8. TS-2008-42 • City of Niagara Falls Speed Control Policy
That the documented titled "Policy and Procedure for Initiating, Reviewing and
Implementing Speed Control Program" be adopted
9. PD-2008-65 - Request by the Downtown BIA to Allow For Activities along
Queen Street
1) That the use on sidewalks and parking spaces along Queen Street for
various activities from April 1" to October 31s' be approved, subject to tfie
proposed guidelines that form part of this report and a review of the activities
be carried out at the conclusion of the season; and
2) That the placement of new signage and street banners at strategic corners
in the Downtown area to help promote and direct people to the Downtown be
approved; subject to satisfying the City's Region's and Niagara Parks
Commission's sign requirements.
3) Thatthe revised sandwich board sizes as requested bythe BIA be approved.
10. BDD-2008-04 - OPG Contingency Fund for powntown Events
That up to $50,000 from the OPG tourism and promotion contingency fund be
allocated forthe promotion of downtown events being held throughoutthis summer.
RATIFICATION OF " IN CAMERA" RECOMMENDATIONS
ORDERED on the motion of Councillor Maves, seconded by Councillor Kerrio that:
1. That Council declines the offer of Warren DAC Investments to purchase the
Montrose Business Park at this time;
2. That the City not sell the City-owned property on Street, at this time, and
staff investigate the availability of adjacent property;
3. ThatCouncilapprovetheAgreementofPurchaseandSale,forlandslocatedonthe
east side of Dorchester Road between the railroad tracks to the south and Morrison
Street to the north, from Hodan Investment Corporation and that the Mayor and
Clerk be authorized to execute the Agreement of Purchase and Sale and the Clerk
be authorized to affix the corporate seal thereto; and
4. That Councii approve an Agreement with Giovanni Mussari and Rose Mussari
("Mussari") for the conveyance of an easement to protect a sanitary sewer located
under a garage on their property, and that the Mayor and Clerk be authorized to
execute said Agreement.
Carried Unanimousiv
•IR**