Additions 2010/01/25ADDITIONS TO COUNCIL, MONDAY, JANUARY 25, 2010
Community Services
TS-2010-07 -Tourist Area Parking Demand Study
a) Request for deferral from Rocky Vacca, Sullivan Mahoney.
2. E-mail from Bob Bolibruck, Planning indicating reports PD-2010-05 and PD-2010-06
need to be deferred to clarify ownership issues.
Council
Planning Matters
Correspondence from Jean Grandoni re: PD-2010-09.
By laws
Proposed by-lawshould Council approve the recommendations in MW-2010-
03.
A by-law to temporarily restrict the public right of passage over a highway.
SULLIVAN ~~IA HC~C~EY«P
LAW YERS
January 20, 2009
Please reply to the Niagara Falls Office
via fax #905-357-9293
City of Niagara Falls
4310 Queen Street, P.O. Box 1023
Niagara Falls, ON L2E 6X5
Attention: Councillor Carolynn Ioannoni, Chair
Members of the Community Services Committee
Dear Ms. Ioannoni and Members of the Community Services Committee:
Re: TS-2010-07
Tourist Area Parking Demand Study
As you may be aware, we represent a number of stakeholders who have a keen interest in the Tourist Area
Parking Demand Study (the "Study") which has been presented to you for adoption.
Given that the undersigned will be on holidays from January 20, 2010 through to January 26, 2010, we are
requesting that this matter be deferred so that we may have an opportunity to review the Study with our
clients and make representations to the Committee.
Although it is acknowledged that the Study's recommendations have been revised in a positive manner on
a number of points, we have some ongoing concerns with the following recommendations:
1. That, irrespective of whether a hotel, for example, has five hundred (500) rooms or fifty (50)
rooms, a maximum of two (2) bus parking space substitutions in lieu of twenty (20) parking spaces
per bus is proposed;
2. That a parking standard of one (1) space per fifteen (15) seats per restaurant in hotels exceeding
three hundred (300) seats will apply to all seats rather than only to the number of seats over three
hundred (300); and
3. That parking demand studies will no longer be accepted for land uses such as restaurants, hotels,
retail stores., museums, etc. notwithstanding the fact that a number of recent parking demand
studies in the tourism area have been adopted by Council with substantially reduced parking
requirements than that which is being proposed. Should this recommendation prevail, a
stakeholder who has insufficient parking shall only have the option to pay cash in lieu rather than
40 Queen Street, P. O. Box 1360, St. Catharines, Ontario L2R 6Z2 Telephone: 905-688-6655, Facsimile: 905-688-5814
4781 Portage Road, Niagara Falls, Ontario L2E 6B1 Telephone: 905-357-0500, Facsimile: 905-357-0501
www. Sullivan-mahonev. com
V.F. Muratori, Q.C. P.B. Bedard T.A. Richardson P.M. Sheehan W.B. McKaig J. Dallal D.A. Goslin
J.M. Gottli R.B. Culliton J.R. Bush P.A. Mahoney B.A. Macdonald M.J. Bonomi G.W. McCann
S.J. Premi C. D'Angelo R. Vacca T. Wall K.A. Book B.J. Troup M.F. Adams
L.K.Parsons C.J. Bittle J.P. Maloney S.E.Wells M.D. Atherton
Of Counsel (Commercial Law): M.D. Kriluck
Page 2
pursue further reductions in parking, which reductions, in many cases, have previously been
granted to the stakeholder's competitors in the area. This result would clearly be unfair.
Thank you in advance for your consideration of our request. We remain hopeful that new parking ratios,
which are long overdue; will be achieved through a process of communication, consultation and consensus
with the stakeholders.
Yours very truly,
SULLIVAN MAHONEY LLP
Per:
Rocco Vacca
RV:jb
c.c. Alex Herlovitch, Planning Department
Dean Iorfida, City Clerk
Marzenna Carrick, C.E.T. Manager of Traffic Operations
Niagara 215` Group Inc.
HOCO Limited
Niagara Clifton Motor Limited
-~T _ _ , _
(1/22%2010) Dean lorfida Community Services Committee Page 1
From: Bob Bolibruck
To: Dean Iorfida
CC: Alex Herlovitch; Anny Felicetti; Ed Dujlovic; Ken Todd; Marianne Tik...
Date: 1/21/2010 4:35 PM
Subject: Community Services Committee
Dean
There has been some questions raised regarding land ownership of properties that are subject to CIP
applications on Monday night owned by Victor and Tony Fraone. I'd like to suggest that the 2 applications
going to Community Services be deferred in order for them to provide us with clarification on land
ownership.
I apologize for any inconvenience this has caused.
Bob
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CITY OF NIAGARA FALLS
By-law No. 2010-
A by-law to temporarily restrict the public right of passage over a highway.
WHEREAS Section 35 of the Municipal Act, provides, in part, that the Council of every
municipality may pass by-laws to temporarily restrict public right of passage over a highway;
AND WHEREAS the Council of The Corporation of the City of Niagara Falls -now deems it
expedient to pass this by-law;
THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ACTS
AS FOLLOWS;
1. The public right of passage over Mewburn Road, from 1.5 kilometres north of Mountain
Road to 1.7 kilometres north of Mountain Road, is hereby temporarily restricted. to all
vehicles and pedestrians.
2. The Mayor and Clerlc are hereby authorized to execute all documents that may be required
for the purpose of carrying out the intent of this by-law and the Clerk is hereby authorized
to affix the corporate seal thereto and to deliver such documents.
3. By-law 2009-172 is hereby repealed.
Passed this twenty-fifth day of January, 2010.
...........................................................
DEAN IORFIDA, CITY CLERK
...................................................
R.T. (TED) SALCI, MAYOR
First Reading: .January 25, 2010
Second Reading: January 25, 2010
Third Reading: January 25, 2010