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2009/04/20 ~ : . . ~ : . . € ~ a ar y ~ ~ 3,:' ~~a ~ m rv ~s r°, c". d; ~ ~d ° _ ~ "Y ~ ; `COMMUNITY~SERVICES. ~COMMI~TT~EE AGENDAz; # - r w;~.~r-~~.. ~,__~F,~~ . ~ - . . - ~ ~,.~,~r.~_ r,. ,a r k FIFTH MEETING Monday, April 20, 2009 4:00 p.m. City Hall, Committee Room #2A & B 1) Approval of the April 6, 2009 Community Services Minutes. 2) REPORTS: STAFF CONTACT: a) Presentation: People Mover Project Update Report Serge Felicetti (Note: In-Camera Session Required for Legal Matters pertaining to the People Mover Project) b) TS-2009-02 Tourist Area Parking Demand Study Karl Dren Presentation: c) PD-2009-25 Matters arising from Municipal Heritage Committee Regarding the Oswald House Fence 2922 St. Paul Avenue Alex Herlovitch PD-2009-32 Municipal Staff Review Regarding the Oswald House Fence 2922 St. Paul Avenue Alex Herlovitch ~ d) PD-200-27 Municipal Heritage Committee Jolley Cut Alex Herlovitch 3) NEW BUSINESS: 4) ADJOURNMENT: y~ r a; _ r~~ 1 p, ~;"`,N w,~'-x a: s< ~ o~ ^~#.t s e,f-a i ~,r-'T^:'h~ it-, o j , ~ ~:~X~~~ * ~ :'`IN CAMERASESSION~ ~ ?~v«~"'.."~,~"€~ ,~'~'.'st".xr,:~~~.~'x~."~i, ~ z":y ~ -°.~3'a" c='.~-z°w~' ^~w$,~~,t'"~"sz a.:~-~. a) Resolution to go into Closed Meeting. Niagara~aIls MINUTES OF COMMUNITY SERVICES COMMITTEE Fourth Meeting Monday, April 6, 2009, Committee Room 2, 4:00 P.M. PRESENT: CouncillorCarolynn loannoni, Chair; MayorTed Salci, Councillors: Jim Diodati, Shirley Fisher, Vince Kerrio, Bart Maves, Wayne Thomson Janice Wing and Victor Pietrangelo. STAFF: Ed Dujlovic, Ken Burden, Geoff Holman, Dean lorfida, Ken Beaman, Lee Smith, Denyse Morrissey, Alex Herlovitch, Trent Dark, Karl Dren, Serge Felicetti, John Castrilli, Bob Darrall, James Sticca, Uly Dupuis and Marianne Tikky - Steno. GUEST: Ed Nieuwesteeg - 8181 Mount Olive Crescent, Wendy Thompson - Niagara Regional Housing, 2201 St. David's Road, Tony Ferrara - Niagara Catholic District School Board, 427 Rice Road, Welland, Victor Ferraiuolo - Lundy's Lane BIA, Felix Pingue, Ernie Morgan - 5917 Main Street. PRESS: Corey Larocque, Niagara Falls Review, Representative from Niagara This Week 1. MINUTES MOVED on the motion of Councillor Fisher, seconded by Councillor Maves that the minutes of the March 23, 2009 meeting be adopted. Motion: Carried Action: Recommendation submitted to Council April 6, 2009. 2. REPORTS a) MW-2009-21 DWQMS Operational Plan with Presentation MOVED on the motion of Councillor Kerrio and seconded by Mayor Salci; 1) That City Council endorse the Drinking Water Quality Management System Operational Plan, and 2) That staff be authorized to make the appropriate application to the Ministry of the Environment prior to May 1, 2009. Motion: Carried Action: Recommendation submitted to Council April 6, 2009. -z- b) BS-2009-01 House moving concept in partnership with Niagara Regional Housing, Niagara Region, Niagara Catholic District School Board, Ed and Ruth Ann Nieuwesteeg and the City of Niagara Falls MOVED on the motion of Mayor Salci and seconded by Councillor Maves that the City provide grants equal to land costs, various permit costs and to assist in dealing with Hydro and the Niagara Regional Police. Motion: Carried Conflict: Councillor Pietrangelo (employea by tne Niagara Catholic District school Board) Action: Recommendation submitted to Council April 6, 2009. c) R-2009-14 Recreation Property and Building End Use Update MOVED on the motion of Councillor W ing and seconded by Councillor Thomson that the former Recreation Building be appraised, put on the open market with a reserved bid, with notice of the future intent to designate. Motion: Carried Action: Recommendation submitted to Council April 6, 2009. d) MW-2009-18 Front Street Flooding Remedial Works MOVED on the motion of Councillor Fisher and seconded by Councillor Wing that City Council authorizes staff to proceed with the installation of sewage ejector pumps and new sewer laterals at the five-unit townhouse development on Front Street. Motion: Carried Action: Recommendation submitted to Council April 6, 2009. 4) ADJOURNMENT: MOVED by Mayor Salci seconded by Councillor Maves that the Committee adjourn to an In-Camera session at 5:40 p.m. Motion: Carried aprnza,zoas Ts-zoosnz CouncillorCamlynn loannoni. Chalr and Members of ~he Communiry Services Committee Ciry of Niagara Falls, Ontario Members: Re: TS-2009-02 TourislArea Parking Uemantl Stutly RECOMMENDATIONS: 1) ThattheTOUristAreaParking0emantlSWdybereceivetlantlstaffproceetlwi~h meetings with the appropriate sGkeholtlers antl report back to Council 2) 5[affproceetlwi[h[hepublicpmcessroamentliheZOningBy-0awtoincorporate[he new stantlards in the Clifron HiIlNicroria Avenue and FallsviewAreas and [he public process to amend ~he Offcial Plan to eliminate further parking reductions ~hrough the submission ot Parking ~emand Studies. BACKGROUND: In response [o the rapitl tlevelopmen~ in ihe Clifion HiIINic~oria Avenue and FallsviewArea, a comprehensive Tourist Area Parking Demantl Stutly was ini~iatetl in late 2005. The objective of the sNtly "was to establish updatetlparkingre~uirements forvanous land uses withinthetounstaree-" Parking is an essential part of Me overall iransportation and land development rystem. Parking supply is based on Ihe expectetl tlemantl for the type o( business imolved, and fmmtherealisticassessmentofautousageaccessingthesite. Anoversupptyo(parking is cos~ly, no~ benefcial for businesses, and provides a nega[ive visual impact ~o ihe surmuntling s~reet scape conversely, an undereupply of parking can cause a development tofail. Consumersmayei~herrefrainfmmvisiting~heestabllshmentiftheyareunable~o Nnd convenlent IowHOns to park, orfintl al~eme~ive parking by spilling over onto adJaoent land uses andlor the local s~reet system. Communiry Servbes oepanment IVOrkingTOgvlhermServeOmConmmnity *~~rommuansemaes April 20, 2009 - 2- TS-2009-02 History: Forthe past several years, staff have been receiving "Parking Demand Studies" completed by consultants on behalf of developers requesting lower parking standards than those identified in the Zoning Bylaw. The Zoning By-law identifies the parking requirements for an establishment based on the land use and identifies a minimum number of parking spaces required based on the developments size and operation. Developers have been challenging the rates in the current by-law claiming that due to the amount of walk-by traffic in the tourist area, the parking requirements were too high. Parking Demand studies received for developments such as Gupta Gift Shops, Ripleys Museum, Hilton Hotel, Copacabana, among others, all justified lower parking standards. Although the results from the consultants appeared reasonable given the information provided, the methodology of how and whythe lower parking requirements werejustified varied between consultants. Also, the consultants surveyed only one similar site and made a comparison between the proposed site and the one site surveyed. Given potential fluctuations in results based only on one survey site, it was believed that it was necessary to survey several similar sites to obtain a more accurate and realistic parking demand results. Therefore, AECOM consulting firm, (formerly Totten Sims Hubicki) was hired to carry out a comprehensive Parking Demand Study on behalf of the City for the Clifton HiIlNictoria Avenue and Fallsviewtourist area (see attached study area map) with the goal of achieving the following: • establish rates reflective of actual parking demand for various establishment types • reduce application processing time o developer no longer has to wait for consultant to complete Parking Demand Study - especially if application is received during off-peak season and surveys must be carried out during peak tourist season o time savings as back and forth commenting on Study between staff and consultant is eliminated • cost savings o developers no longer have to hire consultants to justify lower parking requirements - study cost for one land use app. $8,000, complex study ie. Several uses within one property i.e. hotel with a restaurant, retail etc. $10, 000+. The above was accomplished by carrying out field surveys at a variety of establishments and pertorming statistical analysis consistent with best practice methodologies utilized by the Institute of Transportation Engineers. April 20, 2009 - 3- TS-2009-02 Methodology: In July and August of 2006 and 2007, a series of surveys was carried out at more than fifty (50) establishments during their respective peak hours of operation on both weekend and midweek. Land uses included: • restaurants • retail stores • museums • theatre/cinemas • amusement game establishments • tattoo parlours • hotels • motels Upon approval from the business owner/manager AECOM staff administered brief verbal surveys (two minutes) to establishment patrons. The survey included questions related to their travel patterns to the site, i.e. how did you arrive to this location, how many people in your immediate group, where is your car parked, how many sites are you anticipating visiting etc. In addition, the owner/manager provided employee information ie. number of employees, how they arrive to work, shifts, where they park etc. The owner/manager also provided a general description of their site operation, peak operating hours as well as site statistics (wherever available), ie. number of seats in restaurant, building size, occupancy. While the verbal surveys were being undertaken, parking turnover studies were also carried out at sites that had on-site parking facilities, and patron counts were conducted at the accesses to the businesses to obtain overall patronage and peaking patterns. The labour intensive field studies consisted of examining more than 50 sites, surveying in excess of 3000 tourists, for approximately 2,700 field survey person hours. Survey responses were converted into a statistical formula, developed and approved by the Institute of Transportation Engineers. The process starts with the standard parking generation ratio (based on a unit applicable to the business ie. seats), separates the parking components into patron and employee, and then adjusts the rate for site-specific captive and modal factors. The captive and modal factors encompass the following: • walk-by traffic • shared parking opportunities • linked trips • mode of fravel • vehicle occupancy This statistical analysis was performed taking into consideration all of the survey information for each of the land uses and resulted in a uniUratio that may be applied to each establishment. The results from the statistical analysis are illustrated in the following chart and the resulfs justify lower parking requirements for the majorrty of land uses in the study area. April 20, 2009 - 4- TS-2009-02 (r~~ `~`+'~4°. 1`" r'ti- Currentr79 200 By Law~ ~4rrS ~?L ~i",~ ' , ~ ~Proposeil~ k: land Use~.Category ~_f t~~.i : n f-~...; ~e,.~Froposed Parkfng Rate u 5 ::v r .z~~.:_'~~ t ~ : ~f;Rate~r ,.,cr~,.~._~ N .v~.~-r.r.rs.S ,r~:~.+c+.~ ,.4..7~ ~.Clian`ge`~,~~ Restaurants 1 space per 5 seats 1 space per 10 seats y Retail store 1 space per 25 m~ 1 space per 60 m' Motel Motel Base Room Rates for Motel = T 1 space per 1.3 rooms 1 space per 125 rooms Hotel Hotel Base Room Rates for Hotel : 1 space per 2.0 rooms 1 space per 1.25 rooms Ancillarv Restaurant y 1 space per 10 seats 300 seats = no additional spaces :>300 seats = 1 space per 15 seats ' Ancillarv MeetinqlConvention Room y 1 space per 5.5 m' < 1400 m' = no additional spaces assembly 1 space per 66 m~for z 1400 m~ AncillarvRetail Area 1 space per 25 m~ no additional spaces ~ Bus Parkinn Space Substitution c substitution currently not ? 1.0 bus parking space = 20 vehicle N@W available parking spaces. Maximum substitution of 40 spaces. Museum 1 space per 50 m' 1 space per 150 m' Night clu6/6ar 1 space per 5 seats 1 space per 35 m' N1A Tattoo parlor 1 space per 40 m' 1 space per 2 seats N/A Amusement game t space per 5 person 9 space per 30 m~ N!A establishment IawFUlly occupied Theatrefcinema 1 space per 5 seats 1 space per 10 seats y N/A - Comparison Not Available due to unit type difference Lower parking standards have been justified for the majority of land uses. However, an increase was noted for parking requirements at hotels strictly on a per room basis and a marginal increase noted at motels,. A hotel is currently required to provide one parking space for every two rooms. The proposed rate increases the requirement to one parking space for every 1.25 rooms. However, the increase is offset given that parking requirements for ancillary uses within hotels is currently over-represented. Parking spaces are currently required to be provided in hotels for facilities such as restaurants, meeting rooms, retail space etc. in addition to the parking spaces calculation on a per room basis. Parking Demand studies have identified that these facilities serve a large proportion of persons staying in the hotel, and/or walk-by traffic, thus justifying a reduced parking requirement. Therefore, to acknowledge this, a reduced parking requirement is proposed for ancillary uses: • restaurants within hotels that have less than 300 seats are exempt from providing additional parking spaces • retail areas within hotels are exempt from providing additional parking spaces • hotels with meeting rooms/conference facilities less than 1400sq. m are exempt from providing additional parking spaces April 20, 2009 - 5- TS-2009-02 Albeit, at the same time of acknowledging a reduced parking requirement for ancillary uses, it must be recognized that a large portion of patrons staying at the hotel arrive in private vehicles. Thus, it is expected that for every 100 rooms, 75 vehicles will need to be parked on-site. This ratio is still considerably lower than the requirement in many municipalities that require a 1:1 ratio, in addition to ancillary use parking requirements. The new proposed City of Niagara Falls standard (in the tourist area) would exempt additional parking requirements for ancillary uses, as noted above. Recognizing tour bus companies also provide transportation to hotels ie. from Toronto airport etc. a further reduction to the parking requirement is justified. Thus, one bus parking space in lieu of providing 20 parking spaces may be provided on-site up to a maximum of two on-site bus parking spaces. A review of the parking supplied at existing hotels versus what would need to be supplied under the new criteria indicates that some hotels would require less parking and others more, and is dependant on the type of facilities a hotel provides. In general, medium to large scale hotels benefit from the parking exemptions due to multiple ancillary services provided within the hotel. Summary: The results from the two and a half year Tourist Area Parking Demand Study carried out within the Clifton HiIlNictoria Avenue and Fallsview areas justify lower parking standards for the majority of land uses. Until now any individual property seeking a reduction in the number of required parking spaces to serve a site necessitated a private Parking Demand Study and analysis. As a result of this municipal comprehensive review of parking needs in the tourist core, it was found that the majority of the land use categories will benefit by a lower parking ratio standard. These new standards should be brought forward as a municipal update of the zoning by-law ratios for the study area. Simultaneously, an official plan policy should be brought forward to preclude the submission of individual parking demand studies once the new parking ratios have been enacted. It is recommended: 1) That staff proceed with the public process to amend the Zoning by-law to incorporate the new standards. Once amended the parking requirements may then be applied toward future applications. 2) That the Official Plan be amended to eliminate the submission of Parking Demand Studies to rationalize further reductions to parking requirements. 3) Developers will continue to have the benefit of contributing toward cash-in-lieu for parking if unwilling or unable to provide the required parking, subject to the property being located within an approved cash-in-lieu area. April 20, 2009 - 6- TS-2009-02 Recommended by: li~- Alex Herlovitch, Director of Planning & Development & Recommended by: ~u~' ~ Karl Dren, Director of Transportation Services Approved by: Ed ujlovic, E cutive Director of Community Services MCarrick S.\General AdministrationlGA 1.01 Reports\20~9 Communiry Services104 Apr 201TS20~9-02 Tourist Area Parking Demantl SNdy.wpd ~ ~ . .r i~ ~ +Ja¢~14~.., . - ' _ _ _ - ~ ~ ~"~'tirt~.~ ~`t~ ' ~g I : `t N ,~~~u~ . i~ ~n~ : ~ - . . , - . ~ ~ : t' fa'@~"'' ~ , r . , ~ ` Roberts St. . -,i * ' L . . J ..s..t ~ :•~c i _ i,. _ if ~ ~$`=S, 4. 'y ~ ~ ~ ~ . ~ ~.v~' ~ il, . . . ! ,.~u A~ > Philip St. fF~ ~ 2.~.~. f rr^~C~ ~idO `,Oh~j ~ 'o ~ ~ ~j ¢ ~ ~ . C~ ,S . ~ ~ ~ 'S. ' ` Sf ~ ~ ~ ,a~r ,.f..:. ~ ~ 1~- : ~ ~ '~i ~ ` ~ ~ m ; , 3 ti, P > I `y ~ ~U ` ~ ay ~ ~ ~ ~ 3 < ~y ..e~,~ ~ k ~ 3 r Y ~Z }y ~ j a ~'S~"`;'~~ .~p y ~ ,R rj~~ ~ r rc~~ PC~~J . ~~c, ` - ~ 7~ i~{ ~ ~ " ~ x ~ -.~yp~.Y ~ ~ ~ ~ ,8.4 ni . x . ~ 1,6` `9y.i . 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" , i' l i`. n t-.F _ ...'S, O1P'~' ..r i ~ ~ - % ~ ,'+k ~ ~'~r~+- i F ~ ~e i ~ ~ ~ ~ b ~ ~ ~ '{i r I ~ - j YR.~ K~ YJ~is..~ ~.'u 1 I . ~~j!enr „zt'aLb • <t ij ~i A ~ F,}' r r: ~ E s~~.i~°f~ ~ - ~ - ~ ,i , ~ ~ 3~ r~;~s x w~a ~~u , +~a~ ~ ~ , ,yk~„ ~ , F~3.. ; ~C ^ ~ ~ r~ ~ ~ - . ~ ~ ~ . ' ' , 1~ ~ ya . y : ~ m ~ ' ~ a~ ° ~iSi,~ . f ~h ~ j r 8 ~i Y~ ~ q . ~ , ~ ^ O 1 ~1 ~ Y r+~~. ~ , a~ 4 ~t ± - ~ r3 ~ ~ " ~ ~ ~ , ~p. G~~~S,~ gr~~ . ~ ' A+r qp~'{mV • - _ + '~.~pq, " - Ik'~,' i"~+r~ y '-7 ! 5"" , Livin stone St. +i~~~~, Y~~ ~i~` ~ 'j~ TS-2009-02 ~ Tourist Area Parking Limits of Study Area Niagara,Falls Demand Study NORTH April 20, 2009 PD-2009-25 Nia~ara~alls Councillor Carolynn loannoni and Members of the Community Services Committee City of Niagara Falls, Ontario Members: Re: PD-2009-25 Matters Arising from Municipal Heritage Committee Regarding the Oswald House Fence 2922 St. Paul Avenue RECOMMENDATION: That the recommendation from the Municipal Heritage Committee (MHC) as contained in this report be considered. BACKGROUND; On February 25, 2009, Messrs. Fotheringham and Bailey made a presentation to MHC. It received the information and considered the condition of the structure and the responsibility of its care. Municipal Heritage Committee's Motion "1) That the sfone wall and fence situated on fhe City's road allowance be restored 6y the City in its current locafion as it is a significanf herifage element included rn the Reasons for Designation and worthy of preservation. 2) !f not feasible to undertake resforation `in situ' immediately, the fence be stabilized as soon as possible." Discussion Points of the Committee The Oswald House was constructed circa 1835 (see Location Map attached). The stone wall with iron fence are believed to have been constructed approximately 20 to 25 years later for the purpose of demarcating the property boundary along St. Paul Avenue and Church's Lane (see photograph 1). The property was designated by By-law No. 1978-70 (Appendix 1) which includes a reference to the wall with fence. At the time the by-law was passed, and until recently, it was believed that the wall~with fence was on the property with the house. H~, a Working Togetker to Serve Our Community ~ o~pia~~ryg a ~e~ei pmen men~ ~•t~` = " T~~. . ~ , ' . . • . . . ~ . . . , ~ r ~ ' ~ ~ ~ eg - . - . ..3 . ~ . /y~~~~~~ - 41,. ~ . • n1LlVV~~~i~~ ~ • 0 • . . . . . ~ . ~ April 20, 2009 - 2- PD-2009-25 recent survey indicates the wall with fence along St. Paul Avenue is located 3.96 metres (13 feet) onto the road allowance. The structure is in poor condition and in need of repair and restoration. (Photographs 2,3 & 4) The owners of the Oswald House, while having indicated in the past the desire to preserve the fence and pay for all or part of its restoration, do not wish to do so since they do not have clear title to the structure. It is the opinion of the Municipal Heritage Committee that the fence is a significant heritage feature that was included in the Reasons for Designation at a time when very little detail of specific features was included in the by- laws. This fence is considered to be a rare feature as there are few remaining examples of cast iron fencing in the City and due to its longevity and existence in a prominent location. It has an aesthetic importance integral to the overall design and setting of the Oswald House. For these reasons, the Committee believes it would be appropriate to preserve this feature in its present location. CONCLUSION: The Committee's preference is that the wall and fence be restored in place, but recognizing that full restoration at this time may not be within the City's budget. As an alternative, the Committee suggests stabilization of the wall should be undertaken so as to rectify pedestrian safety concerns and to slow further deterioration. Recommended by: ~1~-~~C ~ ~ "`x-t~ Alex Herlovitch irector of Planning & Development Approved by: ~ Ed Dujlovic, ecutive Director of Community Services P.BOyIelJ. Barnsley:mb Attach. S:\PDR12009\PD-2009-25, Matters Arising MHC, Oswald House.wpd April 20, 2009 - 3- PD-2009-25 ~Lp ~ Subject ~ Land ~ CHURCIi'S LANE ~ ~ D Q C D< ~ m ~ G9RE ST 8 a m A O N ~ S 1:NTS 2922 St Paul Ave April 20, 2009 - 4- pD-2009-25 * c~~y_ ~ ~ ~ f 'y. ~ . 3 y~,~~e. ~ 7 'a i S~'" j ~ 3 Mc s h.! }arn+.~•' 4 `Y,~,t y~. RK',;~~~.^. s.~~~~~'-'~~tt ~qi~ e.. i~-.'` ~Jwz}'ec^'~a1 1 ~ ~ ~ ~ H . , -.i. . sn..,.. sn~~ ~4 ~ . _~.v'.r.~c ~ .K<,: .,ss:s2 -d.^ . T .~.;4..a.a-~' ~a ~ } J s-__q • `i r 1.• _ . ~ ~ T { is};nYi. -j:N. ~+'i~'. . .'!'A`T3:R _ r ..~~f 3Sfe ~i.~.~;:£(y'_'+~v ~ , t, ` , i • A 7 , ~ ~y ~ h~~y+• ~ ~ ~ K ~ ~ " .}~~~'r ry'mq~~'~ ;p+~+ ~a~' 4.t. Y t~. ~ . ~ fd...~f'`~atc"c~.:.`~.. ' v.. - ~.'Sl'... Figure 1- August 29, 1927, Courtesy of Ontario Archives ; , t ~ 1~ , r 1 : ~ I -tt - .a r~ t i ~i 1 ~ , . ~ / i / .e ~ ~ ( ? i f ( ~ i, ~ \ _ f , ' .~H, ~ I i~Q4 ~ _ F e{~ ~ /7~ 1 { ~ Y j; ~.~s~ ! . ! ; ~ e ~ ~"i i'~ ~ ~ p t`- ~,~r 1 y ~ t x:~ , ~~I ~ . t y ~ ~ F ` ~ d'3. ~ f~ . 1~ ~ _ A ~ y - ~ w~~ ` \ ~ ti~ : f - t,. ~ ~ ~ „ . p;., _ . Y , ` . , r I~ .'o f ~R :ti : ' , ~ -x d.l - rt~ - ~ ' _ ::.e: ~ .a. . .xa-+ x ~ ~ ~ ~ . ~'S y~"'Y`~~~`~ ~~`~'b:~'~`~f }~,~~sr 1". - ~ w,~ ,rr 1~ z3T' f F t~~~i~?L s w~C~Cd E.~~ . ~~S~'~~,,,. 4"?c ~~-~e.~ iF ,~'~-•y~~w~~ry~T .L~#., „ ,~-~r~r., yx4..~ "~"F'~~,t~r ~ ak ~PdEh'%~~?~+SPX'' ~Iy M1~~x p.` y ~ q _ y d ~~"d.G~T fi~; ~ . . ' y} r'~:'. RJS., i ~~~p_ Figure 2- James Oswald House 2006 . ~ - o„r ^z~s.:.:: ~ -Usx ~ , , _ > ~i~pPEI~IX~'~:.:,:. ~ ~ . CITY OF NIAG9RA PALLS ~ . - - ~ - Ey-Laa No. 78 - 70. ~ . ~ ' . . ~ A by-law to designaCe [he Oswald Residence at 2922 SL'. PauT. Avenue of architectunai value and of historic interest. . . - - WHEREAS The Ontaxio Heritage-Act, 1974, authorizes Che Council o£ a ~ . municipali.ty to enact by-laws Co designate-real property, including all tlie ~ ~bulldings and structures thereon, tb be oP historic or architectural value or intereyt;~ . ~ . - ~ . AND WHE&EAS~Che Coancil.of The Corporation of the Citp of.Niagara Fa11s has ~ caused to be seroed apoa the owner of the landa and premisss rounicipally ~ known as 2922 St. Pau1 Avenue; commonly kaown as the pswald Res3dence,~upon The - Ontario Heritage Poundatio¢, Notice of Inteniion to so designata the aforesa3d. real property~and has caused such Notice oE IaLention to ba published in~a ~ newspapar having general circulation ia tha municipali[y once-£or e8ch of - -3 conaecutive waeks.;~ ~ ~ ~ , . . . AND WHEREAS the._feasons for designatioa are set ouC iu Scfiedule~ "B" heret•o; - AP1D WHEREAS no Notice.of ObjecYion to the propoaed designation has been ~ ~ served upon the Clerk of the muaicipality. ~ - - ~ ~ ~ - - - NOW THEREFORE THE COIINCTL OF THE CORPORATION 0$ THE CITY OP NTAGqpA gAi,LS . ~ ENACTS AS FDLIAWS: . - . ~ . . . . . . 1. That the real propertq more particularly described in Schedule "A" - - hereto, kno~in ea the Oavald Reaidence at 2922 St. Paul Avenue be deaignated . ~ ~ as being o£ archipectural valua or interest. ~ . ~ . ' . ~ - 2. The City Solicitor is hereby authorized to~cauae a copy of this by-law ~ ~.to be regLstered againat Che property described ia Schedule "A" hereto in~the ~ ~ proper Land Regtstry Office. ~ ~ ~ . - . ~ ~ - . , - 3. The CiYy Clexk ia hereby authorized to cause af copy of thie hy-law W[o be served upon the o»mer oE the aforesaid property and upon The OnEario . Heri[age Foundation and to cause notice of this bp-laW to be published in a~ news paper having geaeral circulatioa ia tfia City of Niagara Falls. ~ Passed thie 17Ch day of .~~~~+Pril ~ 197$ ~ ~ . ~ _ r ~ CLERK . ~ •V•••MAYOR ~ . i. I the un~-~~ of ihs ~ First Reading: Apxil 11 ,~978.C~''yofh;ag~.~ ~ a ~ Second Reading: April 17 lg~g_ . , -'~j ~rr-. 3~7 ' i i p~ d?r:-; . Third Reading: Apxil 17 , 1978. By'.,Law..78 7Q......_._... - ~ (i ^'_SD, . .i_.., , - ~~,.._,A.P6.}} 1?,..7.~ ' . _ iBII( ~ ~ . ~ . . . . ~ . . . _..r:i.3Ki _ _ . , , scHEnut.~ ~~A~~ . to . . CITY OF NiAGAFA FALLS : ~ ~ , ~ . By-law No. 78 ' 70 ' . . ~ . ~ ALL AND SINGUfAR Chat certai.n parcel ox tracC of Land and pxemises, ~ . situate, 1y3,ng aud beisg in the City of Niagara Falls, in the ~ . - . Regioaal Municipality of.Niagara (£ozmerly in the Township o£ . ~ Stau~{ord) and being composed of part o£ Township Lots~37 and 43 ~ ~ and part of Yhe unopened road allowance between Township Lots 36 ~ and 37 and 6etveen Towns03p Lots 43 and 44 in the said £ozmer - Townsh3p o£ Stam£oxd, which said parcel is.more particu7,arly desczibed in an instrt~ent registered in the L~d Begi,stsy~0£fice - ~ for the Registry Division of Niagara South on the Sth day of ,7im~t ~ 1972 as No. I65384. . ~ ~ . ~ , ~ . . . ' . ' ' . . .I:.SM.; SCfiEDULE nB" . ' ~ ' ~ ~ to ' ' . - . - . ~ ~ CITY OF NSAGARA FALLS . . BY'1a'~ No. 78 - 70 ~ RPASONS FOR ?ESTGNATION OF 7TiE OSW6LD RESIpENC~ ~ . Tlie former Oswald Rasidence (c. 1835) is an excellent examq~le . - o£ the ^Regencq style" cottage bu3Zt primarily in the decades - of the~ thirties and forties_ o£ the Last cantury in Canada. Cn~ elabozate iro¢ Eence supporCed in stone, ia~orted Pxom England and xemaining to-day in good condit3on surmunds the yard on twu ~ ~ .sidas. James Oswald was u prominent businessman in the Niagara - area,~having run the S~^nirlpool House as an Inn, as well as a Arewery _ - on the road to St. David's. He was once accvsed o# murdezing one ~ of the patxons of his Inn but was~ acquitted when his "victim^ ~ ~ showed iip in court. ~ . ~ ~ ~ ~ . . ` . . . Npri120~1009 POd00932 Councillor Camlynn loannonl and Members of the Community Services Commitlee City of Niagara Falls, Ontario Members'. Re: PD3009-32 Municipal SGH Review Regartling [he Oswaltl House Fence 2922 St. PaulNVenue RECOMMENOATION: inac s~am work wim propeny owners ro tleveiop a compromise, wit~ Cny paying for [M1e s~one work 8[M1e property owners paying (or iron worN antl ~M1a~ StaH report back ~o Comdl. That Council direc~ s~aH ~o work with the owners of 2922 SL Paul Avenue b close antl atld a portion of ~he mad allowance to the adlacen~ lantl', reloca~e and restore the s~one potlion of the s~mcNre to those lands subjec~ to ~he owners assuming responsibility for [he resroration of ihe iron fence and ongoing maintenance. BACKGROUND: City staH hes been In dlscuselons (see Chmnology attachetl) wlih the owners of the Oswald House (phorogreph 1) concerning ihe location and contlition of [he srone wall with fence for more than ~wo years. The issue has been prohaqed due to ihe fact ihat ihis issue involves ownership issues, location constrain~s, heri~age presena~ion issues and fnancial consitlera~ions. Various atlempts to resolve the condition o( ~he fence have been expbred by staH. Initially Messrs. 8ailey and Fotheringham approached ihe City seeking permission to permanenHy maintain ~he wall with Iron fence in i~s arrent location on the road allowance. Staff offeretl an encmachmen~ agreemen~ so they could repair iL However, the encroachmen~ agreement was unacceptable to them because it con~ained a clause which would require [hat the fence be removetl if ~he City ever needetl tha~ patl o( ~he matl allowance for sVeet improvemenis or widening. City staR [hen pmposed moving onty the wall on~o their pmperty, approximately 4 0 m(13 ft) east of ihe current location. This was not viewetl as an acceptable al~ema~ive because i~ would impact on the landscapinq of the front yartl. City staff then proposed closing and conveying 25 m(B k) of ~he road allowance and moving ihe well at a sheratl cos~ ~o that looetion end re~aining LS m(5 0 k) as part of the road allowance. This op~ion was also relected by the owners of the Oswald House because of cost. Working Z'o,~e0ier lo Save Our Corennmity April 20, 2009 - 2- PD-200932 A legal opinion from the solicitor for the owners of the Oswald House (Appendix 1), suggests that the wall with fence is owned by the City. Therefore, Messrs. Bailey and Fotheringham believe responsibility for the maintenance of this heritage feature lies with the City. The City Solicitor acknowledges that while it could be argued that the fence belongs to the City owing to the happenstance that it is located on the road allowance, but that the fence serves no municipal purpose. The fence is there solely to serve and enhance the Oswald House and it could equally (and likely more convincingly) be argued that the fence is not the property of the municipality because the portion of the road where the fence is located was acquired by the Province by way of expropriation. The expropriation was for highway purposes. A fence in this location is contrary to the status of the property as a highway. While the wall with iron fence is listed in the reasons for designation of the Oswald House, it is also the opinion of the City Solicitor that the location of the structure being on the road allowance is not subject to the designation by-law because that by-law is not registered on title of the road allowance. Restoration in place is the preferred option of the Municipal Heritage Committee. Staff received a quote to restore only the stone wall of $25,000 (including new foundation whether in-place or relocated). The cost to restore the ironwork would be additional. Staff estimate it could cost a total of $38,185 to also restore both the stonework and the iron fence. Staff has not investigated what would be needed to stabilize the wall and fence features nor the associated costs. From a staff perspective there are some problems with restoring the wall in place. The stone wall is located on the edge of an existing manhole and sanitary sewer within the boulevard (Photograph 2). A municipal sidewalk is proposed to be constructed along this portion of St. Paul Avenue to complete the missing portion of sidewalk between Shane Court (in the north) and the sidewalk south of Church's Lane. Because the boulevard is higher than the wall and because of the location of the wall within the road allowance, installation of the sidewalk could affect the wall either through stormwater run-off ponding next to the fence or potential damage to the wall and fence by heavy equipment during sidewalk construction. While the City has a duty under the Provincial Policy Statement to conserve significant built heritage resources, it also a duty to keep public highways free and clear of obstructions. In light of all of the above, staff is of the opinion that the best approach is to close the easterly 2.5 m(8 ft) of the road allowance and the lands be added to Oswald House property. The stone wall should be moved and restored on these lands by the City. The restoration of the iron fence atop the wall should be the responsibility of the owners of the Oswald House. Photograph 3 depicts the lines in question. By moving the wall back 1.5 m (5 ft) east of the existing shrubs, it provides sufficient room to install the sidewalk and not encroach on the location of underground hydro services. It also protects the greatest amount of front yard landscaping for the Oswald House which is part of the historic character and setting associated with the heritage features. April 20, 2009 - 3- PD-2009-32 CONCLUSION: The stone wall with iron fence is a recognizable heritage landmark on a prominent corner within the historic Stamford area. The wall with fence was initially built to enhance the property of the Oswald House and the municipal interest has come about by default because of expropriation of land (by the Province) for the road right-of-way. The City would like to reduce any liability associated with the structure and relocating it would resolve this aspect. Relocation of the wall with fence would allow for the installation of the sidewalk. The costs associated with moving and rebuilding the stone portion could come from both the sidewalk construction budget and the designated property grant reserve budget. The owners of the Oswald House should show good faith by participating in the restoration of the ironwork portion of the structure. If this position proves to be unacceptable to the owners of the Oswald House, the City should remove the stone wall with iron fence to reduce the liability associated with the condition of the wall and fence and to ensure the road right-of-way is free and clear for its intended purpose. Recommended by: ~`"~4~ U~..~-t\+-~' Alex Herlovitch, Dir tor of Planning & Development Approved by: ~ Ed Dujlovic, Ex utive Director of Community Services P.Boyle:bp Attach. S:\PDR120091PD-200932, Municipal Staff Review, Oswald House Fence, 2922 St. Paul Ave.wpd April 20, 2009 - 4- PD-200932 ' _;i. .R. ~ ~ , I t y ..r . ~ !{~~_f' ' ~.7 ~ r N'r ~ f•` ^i • . t'- - ?t .S-'~ ~ _ ~ ' ~ , r jr ~t~ n-, ~ i~.i r , ~.t ~.?~'(j'r~~i.;lyt;~~i~•. ;1' , F l ~ t - -c t~;. P~1 ty f;~~ t ~ +i . _ u 7 f~v4 F ,4~;. - :z , , ~ ~ ~ - ~'.'Fir a ~iyu3~r-'. ~i t ! ~ , i a 1 ~ ~ ~ ' ~ r ~ S~y ' ki~~t7' ~ .~.,~P.~_ L 4 ~ ' : . ,~.~K;,~ , . ' _ , _ Photograph 1- House from St. Paul Ave. ~ +rYx^F .a. s y W .i. f ~~t~e~a'rl~ ~%3- . W • L~ L~' i`il'L. i~~y h ~.;a ~ ~ s''. x~ . ; rs~ r as~ _ ' `y °C i ~ ~P~j#'~ i ~ Nt~~. ~ ~ a. P ~5 i , . ~ ~ . . . ~ d~~~~ ~ , ' o- ~ . ~ ~ ! . Nµ ~ _ _ h ~ > . ~ ~ Li~.. ~'~fi ~'r~j~y OF 3 u~.~,-r'f.~,+Y ~ `t~ ~ ~ ~;`i b' W -1F ~r . ~ S 'S? ~ ~ `Y {~F J ~ ~ OM1' '~+4 ~y .f~~~ I ~1 Z i'. ~P^ y~4.. rj;•xL4 v.y C ..yt `~''°'3~X'~~ +s"'~`~'p~ ~ R ~'`y~ s,~>~,,:~.~ `~~~5 ` i~" ~ ~51~, i ~ ~ ~ ~ d~~`~~~~~ +T 7 t ~ t'f:•' _yY v*~~~~ Y °?'Na2 ~ ~Y ' + ~k~: ~ Y ~ F ? ~ ~ xa` . a Y ~ y ~ ~ . f' ~ T - '^f ,5.. ~ ~ 4 ~~t~ ~ y y `F • ~ : P . ~ \ 1 y~ ~ r~ ~ ~Kt a S.' ~a r>30" ~.-c , j _y - ~ ~ , tr. ;~i _ S~ ~ M` ~ ~ e , i . _ i' -r'°.~ ~ ~ t .u~' ° d . Photograph 2 - Manhole cover April 20, 2009 - 5- PD-2009-32 1'~ , r , i - ?~A"r-L;~q~7' ~ S ' Y,5"-~' 7}i a 3~- mSN---,• _ ~~'-~.,°~'~:;{.tie ~:~i ~ ~ _ i . ~ A K` 4 Ay.. ~p ~ C.~ ~ } 7 { ~ -vt..~i 7- ' 1 6 .i ' 1.. J i~ t { i. } i ~ 1 h.~ ..f V ..F~~ s ~ . ' }1,1~.4' ,,s... t~ ~ 't~~, l ~ ,Y .i r - Photograph 3- Property line - Service Locations - Proposed fence line Oswald House Fence Chronology of Events December 2005 Steve Bailey/Dave Fotheringham purchase Oswald House March 27, 2006 A. Herlovitch(AH) receives an email from Dave Fotheringham (DF) want to make repairs to the fence, acknowledge that most of the fence is on City property. reluctant to spend ($12,000) on the fence if City might widen the road and demolish the fence. Is anything the City might do to allay their concerns. March 27, 2006 AH emails E. Dujlovic (ED), Director of Municipal Works Can he provide any information on when St. Paul Ave. might be widened, if at all What is City's position regarding the fence, given its heritage status. April 24, 2006 DF email to AH about the possibility of an easement. DF also advises of a verbal estimate of $12,000 ($6,000 for iron work and $6,000 for stone work). April 24, 2006 AH emails DF: Follow-up with Engineering on the timing for the road widening of St. Paul (if any). Will review easement (licence to encroach) with Legal Services Believes most encroachment agreements contain clause that allows City to remove encroachment if the land is needed April 25, 2006 AH sends memo to Karen Kelly, City Solicitor to review the an easement (licence to encroach) for the fence May 16, 2006 Geoff Holman of Municipal Works responds that section of St. Paul Ave is under City jurisdiction and an encroachment agreement would be in order. Give both the owners and City some clarification of rights in the event of future road and/or utility conflicts. May 24, 2006 DF and Steve Bailey (SB) (owners of Oswald House) submit application for a designated property grant to restore the stone wall and fence. June 12, 2006 Council approves Designated Property Grant application for restoration of the stone wall and iron fence and restoration work on shutters, windows and doors. July 24, 2006 DF emails AH requesting follow-up on assurance from the City about the future of the fence prior to paying to have it restored. If the City is not willing to pay for repair to its portion of the fence owners may need to consider the option of removing the iron work from the stone wall. August 21, 2006 Report to Council on August 21, 2006 explaining the request for deferral of the fence grant application. Sept. 29, 2006 DF and AH discuss 2 options. Option 1: owners relinquish ownership and all interests in the wall and fence on those portions of the City's road allowance. -the fence would become the responsibility of the City. DF indicated he did not want to proceed with that option. Option 2:secure a licence to encroach from the City for the fence within the City's road allowance. -this licence would involve the owners having a reference plan prepared at their expense. AH acknowledged owners liked this option for its reassurance that their investment in the restoration of the fence would be protected. AH :the licence would give the owners certain rights, but City would retain the right to revoke the licence where municipal interests prevailed. AH : the owners concerns about the possibility fence may be removed for a road widening, but any widening would be subject to an Environmental Assessment where the public and public agencies (i.e. MHC) could provide input. Oct. 16, 2006 DF sent email to Councillor Selena Volpatti, Chair of the Community Services Committee (CSC) (AH copied) re concerns about damage to the fence should stop light/cross walk be installed at St. Paul / Church's Lane / Riall St. Owners want assurance that City will pay to preserve the fence by moving it onto the owner's property line. Ask City to record the condition of the fence prior to work on the project as damage had occurred previously by City work's crews. Oct. 24, 2006 AH emails Ken Beaman, City Solicitor, re: clause in an encroachment agreement that if road widening should occur, the fence be re-located to property line at City's expense. Oct. 26, 2006 KB responds to AH :encroachment agreements are at the pleasure of the City; the right of the public to use road allowance supercedes right of neighbouring property owner who is encroaching on the City property. Request would have to be made through CSC to have Council deviate from standard policy about encroachment agreements. Oct. 26, 2006 AH responds to SV :if the owners entered an encroachment agreement and have a clause added about movement of fence onto their property at the City's expense, they request this in a submission to CSC. August 7, 20o7 DF emails Councillor Janice Wing to inquire about what assistance she can provide in finding a resolution to the fence restoration/repair. DF :all of the fence on the west side of the property and part of the fence on the south side is on the City's road allowance. The owners suggest they are willing to pay for the repair of all of the fence - which in 2008 will be approx. $15,000, of which they expect to get a grant from the City for $3,000. DF attached email from AH where he explains the 2 options (Oct 16/06). Owners concerns about the options were lack of assurance that City would either not repair the fence if they took ownership, or revoke a licence to encroach to widen the road. August 8, 2007 AH emails Councillor JW about possible solutions, - widening of St. Paul and place sidewalk inside the curb, next to the stone wall and fence. - Utilities would be inside the front yard of the property, but still in the City's road allowance. Just a possibility, hence, no comfort to the owners. - If a road widening be taken, an EA was also not a great deal of comfort to the owners. - AH :possibility of using accumulated Designated Property Grant funds for a one time large grant opportunity, which would be a showcase project. - would be enough to pay half the cost of relocating the fence to the owner's property, with the owners paying a matching amount. - Asks JW if as a Council member the use of public money in this way is acceptable? He acknowledges ground work would need to be done. August 8, 2007 JW to AH suggests as this is exceptional situation, with a significant fence. JW; suggests MHC direct some of its reserve money toward the fence as it is imperilled by its location on public lands. Also notes that the fence was imperilled due to lands being `taken' by expropriation, then 'rescue' of the fence using MHC funds was more compelling. JW :her preference would be to have it restored in place, rather than moved. Another possibility is the owners requesting permission to move the fence, at which time MHC would recommend that Council deny the request and thereby Municipal Works staff would just have to work with it? JW another option: sell the footprint of the lands on which the fence sits to the owners, with City retaining the land between the road and the base of the wall for road widening and sidewalk purposes and an easement over the lands on the inside of the fence for utilities ? Or, what if the footprint was designated and an OHT easement similar to that obtained for the Ruth Redmond lands was obtained. August 10, 2007 AH to JW by suggests that he did not know how the fence came to be located on the road allowance. The fence is not as old as the house and approximates its construction around 1870. AH not supportive of selling of a strip of land (footprint) in the boulevard to the owners as it is not contiguous and could create a hardship for the municipality later. AH questions whether he should pursue with city solicitor regarding development of a heritage easement agreement. August 14, 2007 AH to JW :we had met with KB, regarding a Conservation Easement where the City enters into an agreement with the owner of the land (the City) ourselves, which would not work. AH advises that PB is investigating what money is available in the MHC reserves to assist in relocating the fence to the owners property line. August 23, 2007 JW emails to advise that DF spoke about the fence at MHC meeting , fence is deteriorating rapidly, unsightly, detracting from the rest of the property. JW spoke with DF and he suggested that if the fence deteriorated much further they would remove the remaining metal and abandon the stone base to the elements. DF would accept an easement with a 10 yr guarantee - with an amortization clause such that if they repair, and fence is demolished, they would be reimbursed, in year 1- 100% of the costs and continuing for 10 years with the reimbursement in year 10 of 10%. JW asks if the City could offer this as an enhanced easement agreement. August 27, 2007 KB responds re a heritage easement. Not recommended but rather the fence could be accommodated by a modified encroachment agreement where the City would agree not to disturb the fence. Ideally the fence would be removed from the road allowance and restored on the property of the owner. AH already suggested this as there was money in the heritage fund which could be used to finance this project. August 28, 2007 AH responds to JW's email: City has offered a Licence to Encroach, which would maintain the fence in that location. Re-assuring the owners that an EA would have to take place in the event of a road widening has not been enough assurance for them. Fence is a designated feature, if owners want to remove it, need MHC approval and a recommendation to Council. Amortization plan could not be considered as the intentional destruction of the fence by the City is not contemplated. October 18, 2007 PB contact owners to offer of a one time grant to remove the encumbrance from City property on a 50150 cost share basis. Fence be relocated onto their property. SB comments: fence would require cement foundation in order to comply with building code; would need to be 12' inside its present location. Owners not interested due to the recent landscaping. 6 months ago may have considered, but not now. October 19, 2007 PB receives telephone call from DF re: two options presented to them earlier. October 19, 2007 DF states they would agree to gifting fence to City with 2 conditions: 1- restoration of the fence occur in 2008 and 2- that the fence would always remain with the Oswald House. October 19, 2007 AH replies to email setting out his re-cap of the offers to date: 9 Suggested Solutions: 1. City proposed owners secure a standard licence to encroach allowing the owners to restore the fence in situ, but requiring any encroachment to be removed when needed for road widening purposes. Rejected by the owners as no guarantee after spending money fo restore the fence. 2. City proposed owners secure a standard licence to encroach thus allowing the owners to restore fence in situ and rely on an EA to relocate the fence, as a cultural heritage feature, to the property line as part of the road works. Rejected by the owners as it provides no guarantee and relies on a process outside their control. 3. City proposed owners secure a licence to encroach with a clause stating that the City would work with the owners to relocate the fence during any road construction/widening works thus allowing the owners to restore the fence in situ. Was still on the table for discussion as of October 2007. 4. The owners proposed that they secure a licence to encroach from the City, restore the fence in situ and that the licence include wording to the effect that the owners be compensated for the restoration costs of the fence on a sliding scale should the fence be removed for road widening purposes. Rejected by the City as the City typicafly does not directly pay an owner for something which encroaches onto City property. 5. City proposed that the owners relinquish ownership of the fence, thus becoming the City's responsibility. Rejecfed by the owners as a!1 rights would be lost. 6. The owners proposed the they gift the fence with conditions that the fence be restored by a given date and remain with the Oswald House. The City will not accept a gift with conditions fo restore the fence for the sole benefit of fhe owners. 7. City proposed that a one-time matching grant be made available to the owners who would remove the fence/impediment from municipal property (depending on City Council accepting such a proposal) and restore the fence inside the property line. lnitially rejected, but may still be under consideration. 8. JW proposed that a Conservation Easement agreement be developed in conjunction with the licence to encroach. The Conservation Easement is attached to the land, The City owns the land, so the Conservation Easement would be between the City and the City. Rejected by the City as fhis land is identified for future road purposes. 9. Janice Wing proposed that the City sell the land on which the fence sits, to the owners. AH suggests the two options availabie to consider would be #3 and #7. With respect to DF's two points, AH clarifies that `gifting' and `relinquishing' all rights are different, albeit, subtle, but distinctly different. July 3, 2008 Site meeting held at 2922 St. Paul Ave to view fence condition, location and surrounding property. In attendance: staff - J. Barnsley, P. Boyle, Chuck McLeod, Chris Anders; owners - Steve Bailey and Dave Fotheringham. August 6, 2008 AH writes letter to DF/SB explaining results of site visit and setting out City's proposal for a resolution: - transfer 2.4 m of the St. Paul Rd allowance to owners, at no cost to them; - construct new concrete foundation for the wall, at no cost to owners; - construct a sidewalk and re-grade boulevard such that drainage within the road allowance will be directed toward the road and away from the wall. A quote for the total cost of foundation, wall relocation, and reconstruction is $25,000 of which $6,000 from Designated Property Grant and balance shared between City and owners. August 21, 2008 DF writes to City advising that as the City proposal was a formal, more costly solution, they sought Legal advice from their solicitor Brett Murray, who advanced the position that the portion of the wall and fence on the road allowance belongs to the City, not the owners of the Oswald House. November 6, 2008 AH responds to KB's request for financial information regarding who would contribute what to the cost of moving, restoring the fence, AH advises that MHC's grant money may only be available if Council approves budget for 2009. GH responds that there is money in his `sidewalk' budget, for now. The money in his budget was for sidewalk installation, re-grade the boulevard and pour a new concrete footing for the re-located wall. December 1, 2008 PB receives cail from DF requesting letter detailing offer conveyed to them from their lawyer as the result of a conversation with KB. 2 options offered by the City: 1) The City would move the fence onto their property and it would cost them $6,000. 2) The City will demolish the fence. Dec 23, 2008 KB sends letter to DF/SB in reply to the August 21, 2008 letter. acknowledges argument could be made that fence became the property of the City at the time the County was transferred to the City. Proposal to owners was to move the fence to the property line between the road and the owners property, with City absorbing $21,000 of the projected $25,000 in cost, balance of $4,000 paid by the owners. These did not include restoring the iron work. Jan 25, 2009 DF responds to KB's :the City's proposal is beyond their means. Cites 3 instances where the City made offers to them and that each offer increased the amount of money they were expected to contribute to the restoration. The re-landscaping of their front yard is expected to be $5,000 - $6,000. Jan 25, 2009 DF writes to AH and encloses a copy of the letter sent to KB. DF: requests that the designating by-law be amended to allow them to demalish the 75% portion of the fence on their property. Jan 28, 2009 AH emails DF advises that the request to amend the designating by-law to remove the listed heritage feature will be referred to MHC, who will then make a recommendation to Council. AH also clarifies some statements made by DF regarding restoration costs. AH concludes the email by stating that they seem to now prefer to remove the wall with fence and this proposal will now be advanced to the MHC and ultimately Council. Feb 9, 2009 A Matters arising report was prepared and taken to Senior Staff meeting asking that Council consider a recommendation from MHC that the stone wall and fence be restored by the City in its current location as it is a significant heritage feature. Report was deferred when DF/SB's email was received explaining that the owners wished to removed the wall and fence. It was deferred so that MHC could consider the request to have the fence and wall de- designated and removed. Feb 15, 2009 DF/SB letter to MHC outlining their position that the fence could remain on the road allowance; the city is responsible for the fence on the road allowance; not able to participate in the City's most recent proposal; they gave a short chronology of events leading up to the last offer from the City of Dec. 23, 2008. DF stated that their cost to restore the fence would be $22,000. S:IHISTORYIINV~StPaul2922.dp10swald House FenceChronology of Events - REVISED - 7 April 09 wpd.wpd ~ PD-2U09-32 ~ ~ S.annetl f APPENDIX 1 P~~°°'°9 p' ^C~. t File~ F 2922 St. Paul Ave Niagara Falls, Ontario L2J 2L4 August 21, 2008 Ms. Peggy Boyle, Assistant Planner Community Services Department Planning and Development City of Niagaza Falls 4310 Queen Street P.O. Box 1023 Niagara Falls, Ontario L2E 6X5 Delivered by Hand Dear Peggy: Re: Restoration of Stone Wall Steven and I were never comfortable with the city's position that we owned the portion of the fence situated on the road allowance. We were stil] willing to commit a limited amount to repairing the fence in situ in order to achieve some control over the timing and quality of the work. Now that the city is proposing a more formal and cosdy solution, we thought it prudent to obtain legal advice. I have attached a copy of part of a 2005 survey of our property and a copy of a letter from our lawyer, Brett Murray of Floras and Murray, dated August 19, 2008. It is his opinion that the fence located on the road allowance belongs to the city. We would appreciate comments from the city on his letter. If the city still believes that the fence belongs to us, we would like an explanation so that we can forward it to our lawyer for comment. Yours very truly: David Fotheringham RECEIVED Au~ 21 zoos PLANNING & DEVELOPMENT i Floras and Murray Barris[ers and Solicitors Frederick Floras, Q.G (Retired) 55 Quemi Slrec[ Easl, Sniie 801 Phone (41G) BG9-31SI ~r<It D. Murray I Tomnro, Ontario I'ax AI b) H69~ I]62 JnAith R. P. Rence MSC IR6 August 19, 2008 Steven Bailey and David Fotheringham 2922 St. Paul Road NIAGARA FALLS, Ontario L2J 2L4 Dear David and Steven: Re: Fence Issue Further to our recent discussions, I have considered the matter of responsibility far the stone and iron fence around your property. You have advised me that you have evidence to document that this fence has been in existence for a very substantial period of time, back to approximately the 1860s. You have had your property surveyed in late 2005. The fence now sits, as to the Church Lane side, mostly on your property and would be considered to be a boundary fence. On the rest of the Church Lane side and along the St. Paul Road side, the fence is now located on public road allowance. From the 2005 survey, it is evident that many years ago the lastly mentioned section of the fence was originally a boundary fence as well. However, the then County took a portion ofthe land owned by your predecessors in title for the purposes ofwidening the road allowance for St. Paul Road. Given this information, I am of the opinion that you are no longer the owner of that portion of this fence constructed on the lands taken for road widening by the County (subsequently the Regional Municipality) and latterly transferred to the City of Niagara Falls. Had this portion of the fence been constructed after the widening of St. Paul Road allowance by your predecessor in titie, it would constitute an encroachment onto such road allowance. Usually for unused road allowances, municipalities do not take issue with such improvements but the municipality will not assume responsibility for it in any way. Since the fence appears to have been on the land at the time St. Paul Road was widened, the fence is not such an encroachment. It is my opinion that, the fence, being an improvement on the land at the time of the effective transfer oftitle to the municipality, the municipality took ownership and title to a!1 improviments or. the land and therefore the responsibili.z:s.of ownership.thereof. I hopethatmy comments will be ofassistanceto you in dealing with the City ofNiagara Falls in resolving your outstanding issues relating to the fence. I enclose my account herewith for your kind attention. Yours very truly FLORAS AND MURRAY ~ ~~~C b. Murray BDM1pc Encl. ~ ~ U~ . : i . ~ '.'Vj~`. . . _ ' . . a ~ZI. K ~ ~ O JI CHNN UNK FENGE ~ ~ 3~ I ~ x6 ~ a ~I b'S9 e.l 0.5'0 ~ ~ ^ b, n3x6 b'S u' x 2.65 ' p'nj %65ti 6~~a 0-8~° ~ e 13.9' ~ x 0.5'0 0.5'm 0.5'0 X zo N I ~ I~ ~ o m F m ap z 0 3 X a I~ a~ p~ I Z I S N Q 1~ N 2~ X xb~dy } O Z ~ 3 I o Q ~ xy'I _ ~ J O ~ S 6,3~ Q m x6~ 6.~ti~ tiry m K ~ 6 O.fi'. 3.5'0 ~ ~ m CONC. SIEPS pCOA ~ ~ Z I w ~ 6 0 6~~6 a!A p9 n ~ ~ ~ 45.3' s3a.r \ ~6~ ~Z d I m Z O 4q~ }a~ I ~ ~ ~ U U 1.2'0 '-„c~' a z OO I z ~ 7 634.7' x . U~ } ~ N r. ~ Q ~ 6'h3 , ua ,o'.. ~.Zi3 m ~ a ~ S3' h ~ e I~`~. O ~ I S Q N x6 x6~j y~po aW ~ ~ 'N Q Ol ~ WW ~ Z I a ~ O I N Q ~ 01 mV ~ Q OJ V I I ~ I Z O ~ Z O .634.9" Q ~ ~ d ~I ~.~dA M ~ I O N O ~I ,~.3•° a ~ W > x 0 w o ~6 X N I 6~ v~i 3 ~ ~ Z b~~h ^ I J } x ~ I CD a I I w m s ~ 3 Z ~ Q7 N O~ ~ W d ~ ~ ~ - . . _ . . ~LS 2~ ~ 2 VWI 6~7A ~ ' ~i~ W I W O x i pW N N U I U I6'"g Z Z ~ ~ y~°$ ~ ~ 45.25 x~ ~ I I 6}~' 6~ a7~ 6"'~ I 0 ~ ~ ~ 9 6,~d 6~p~ i ~ S~~ I b3 I I n } N 6 63h~ 1.5'm ¢ I xb~~h ~ x ~ w ENCE ON x I: . 6 . ap S/B(]441 ~ RON~F 6~ April 20, 2009 PD-2009-27 Nia~ara~a,Ils Councillor Carolynn loannoni and Members of the Community Services Committee City of Niagara Falls, Ontario Members: Re: PD-2009-27 - REVISED Matters Arising from Municipal Heritage Committee Status of Jolley Cut RECOMMENDATION: 1. That Council consider the designation of the Jolley Cut as a Cultural Heritage Landscape following the design and reconstruction of the pathway. 2. That Council forward the following Municipal Heritage Committee comments to the architect responsible for preparing a landscape plan for the Jolley Cut: - that the walkway follow its existing path and remain true to the natural contour of the moraine; - the walkway width should be maintained at its current width; - that native species should be used; - a tree protection plan should be completed; and - that the Municipal Heritage Committee be consulted in the design stage. BACKGROUND: At its meeting of February 25, 2009, the Municipal Heritage Committee reviewed report MW-2009-04 (Appendix 1) regarding improvements to the Jolley Cut. The Committee reconsidered its December 2002 motion to designate the Jolley Cut under Part IV of the Ontario Heritage Act. Municipal Heritage Committee Motion "Thaf Council considerthe Municipal Herrtage Committee's recommendation that fhe Jolley Cuf pathway be designated as a Cultural Herrtage Landscape due to ifs historical significance to the City, and fhe designation should cover the entrre length of the pathway." Working Together to Serve Our Communiry I C~mPlanning & De el Pme rtment - -`~•~.,.,w....., ' . r . :.;i..~. . _ , . ~~'.Lw•,D~f(~"' ~ ~a ~ . 0 . •1 . . , . . . . . . . . ~ , ,~.r - , ~ . . . . . . . . . . k°..v.'s"av::' April 20, 2009 - 2- PD-2009-27 Points of Committee Discussion The evaluation completed by the Municipal Heritage Committee in 2002 was based on criteria of the day, which is not unlike the current criteria of Regulation 9/06 of the Ontario Heritage Act. The Municipal Heritage Committee re-affirmed the recommendation made in 2002 to designate for the following reasons: Criteria Assessment Style/ Visual appeal Only totally pedestrian route to Queen Victoria Park and its naturalized appearance Association/Pattern Association with the City of the Falls Company Plan Age Continuous use since 1787 Contextual setting A familiar landscape in the context of Queen Victoria Park Alterations From natural growth of vegetation and changes are minor in nature The Committee also discussed specific matters that should be addressed in the preparation of the landscape plan by The Kirkland Partnership that would assist in maintaining the naturalized character of the Jolley Cut as they represent the character defining elements. These would include: • that the walkway width be maintained as it currently exists; • that native species be used; and • that a Tree Preservation plan be included in the landscape plan, so that any trees that can be preserved will be identified. In addition, the Municipal Heritage Committee wished to be consulted during the design stage. Atthe Municipal Heritage Committee meeting on March 25, 2009, itwas requested that the following point be added to the specific matters being addressed in the landscape plan preparation. • that the walkway follow its existing path and remain true to the natural contour of the moraine. Staff Commentary The Jolley Cut has been a pedestrian pathway since the early 19'h century which has played a role in connecting the Fallsview area with Queen Victoria Park. As noted by the Committee, the Jolley Cut is an evolved landscape which meets the provincial criteria as a cultural heritage landscape. The Jolley Cut has evolved from what was once a gully to a path to the current state as a partially improved walkway. It has changed in appearance and performance over the years. In addition, the Jolley Cut also acts as a utility corridor for municipal sanitary and storm sewers. April 20, 2009 - 3- PD-2009-27 The current condition of the Jolley Cut has deteriorated to the point where pedestrian safety is an issue. Construction of the proposed hotel on the abutting lands to the south will also disturb the Jolley Cut. Maintenance of the sewers will also mean the Jolley Cut may be disturbed in the future if there are problems. It is possible to rectify pedestrian safety matters and address the overall appearance and amenity of the Jolley Cut through the preparation of a designed landscape plan. It is possible to maintain the Jolley Cut as a cultural heritage landscape, but rather than be classified as an evolved landscape it would fit the category of a defined landscape. A defined landscape is one which has been designed by a professional, exhibits a high degree of technical or scientific achievement, or may contain excellent craftsmanship. If the matters requested by the Committee are included in the preparation of the landscape plan it will serve to ensure that the character defining elements are addressed appropriately in the design process. The municipality must find a balance between creating a safe public walkway for the benefit of the entire community and preserving the heritage qualities. Accordingly, designation and preparation of the landscape plan for an improved walkway should be integrated. It may be that designation occurs as a defined cultural heritage landscape which recognizes the ongoing evolution of the Jolley Cut. CONCLUSION: The Municipal Heritage Committee is recommending the designation of the Jolley Cut as a cultural heritage landscape. Designation of the Jolley Cut as a cultural heritage landscape could occur following the design and reconstruction process as a defined landscape. The comments of the Municipal Heritage Committee should be forwarded to The Kirkland Partnership to be addressed during the design stage. Consultation with the Municipal Heritage Committee would allow direct input by the Committee members. Recommended by: ~,~t~~ ~1~~ ~ Alex Herlovitch, irector of Planning & Development Approved by: v Ed Dujlovic, Executive Director of Community Services P.Boyle/J. BamsleylA.Herlovitch:mb Attach. S:1PDR120091PD-2009-27, Status of Jolley Cut.wpd MW2009-04 APPENDIX 1 l~T~a~ara,FaIls CANApA His Worship Mayar Ted Salci and Members of the Municipal Council City of Niagara FaOs, pntario Members: Re: MW-2009-04 Robinson Street Cul de Sac/JOlley Cut RECOMMENDATION: That the City support the licensing of the Robinson Street cul-de-sac, subject to the necessaryplans as requested being prepared and meefingswiththe neighbouring propeity owners. BACKGROUND; In 2008 Mr. Michael DiCienzo of Canadian Niagara Hotels approached City staff as they had an interest in using the Robinson Street cul-de-sac in conjunction with the development of their property. City staff was supportive in, principle, subject to a number of conditions. !t is staff preference that a licence agreement would be entered into and that there would be an appropriate level of compensation to the City whether it be community banefits of a physical, financial or material nature. Staff's main consideration would invoive enhancements to/maintenance of the Jolley Cut. In order to move Mr. DiCienzo's request forvvard the City requested that a landscape plan he prepared to conceptual show the following; • 7he full extent of the area involved from the start of the cuf-de-sac to the bottom of the Jolley Cut in Queen Victoria Park. • Access points from cul-de-sac to Canadian Niagara Hofel property and any other properties. ~ Improvements to the cul-de-sac showing the planned canopy feature, decorati~e surface treatment of the cul-de-sac, lighting in the central art or water feature. • A three meter wide decorative public pedestrian sidewaik along the north side of the cul-de-sac connecting the;Jotley Cut with appropriate direciional signage. 1 Working Together to Serve Our Community Communfty Servlpes Department ' Munidpal Works ~ .,;i; l0 - •p ; ~ Fe6ruary 9, 2009 - 2- MW-2009-04 • Improvements to the Jolley Cut walkway including any or all proposed upgraded surface treatments, stairs/ramps, IigMting/fumiture, adjacent landscape treatment and natural areas within the right-of-way to be preserved/protected. • Any connections between the Jolley Cut and the proposed hotel. • Integration of the Jolley Cut and Niagara Parks Commission lands. Staff also commented that discussions wouid have to take place with the immediate neighbours. (HOCO, Skylon and NPC} to seek their comments and feedback. As the requiraments by staff are considerable and costly, Mr. DiCienzo requested that a report be put to Council, in principle, in proceeding with the licencing of the cul de sac in exchange for improvements to the Jolley Cut. Staff has reviewed this matter internaliy and has raised no concerns with the licencing of the cul-de-sac. Accordingly, based on the above it is staff's recommendation that the City approve in principle tne concept of ficencing the cul-de-sac in exchange for the improvements to the Jolfey Cut. Recommended by: ~ Ed Dujlovic, Executive Director of Community Services S:IFZEPORTSti20091MW2009-04 - Robinsan Street Cul de sac.wpd ! The City of Niagara Falls, Ontario 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 may be closed to the public if the subj ect maYter falls uvder one of the exceptions under s. 239(2) of the Municipal Act, 2001. THEREFORE BE IT RESOLVED THAT on Apri120, 2009 Niagara Falls Council will go into a closed meeting to consider matters thaY fall under the subject matter of 239(2)( fl of the Muiaicipal Act, 2001, to receive advice that is stiibject to solieitor-client privilege, and 239(2)(c)a proposed or pending acquisition or disposition of land by the municipality. AND The Seal of the Corporation be hereto affixed. DEAN IORFIDA R. T. (TED) SALCI CITY CLERK MAYOR