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June 27, 2011, Additions to Council ADDITIONS TO COUNCIL, MONDAY, JUNE 27, 2011 COUNCIL Planning 1. PD- 2011 -39 - Proposed City- Initiated Official Plan Amendment No. 94 a) Correspondence from Chris Millar, Upper Canada Consultants b) Correspondence from Scott Snider, Turkstra Mazza Associates , Upper Canada Planning & Engineering Ltd, '.l y.ta t.,,rlal Rn,1 UPPER CANADA CONSULTANTS June 24 2011 via e -mail UCC #0787 Mayor Diodati and Members of Council City of Niagara Falk 4310 Queen Street, P.O. Box 1023, Niagara Fails, O .; L2F Dear Mayor Diodati and Members of Council, Re: City Initiated Official Plan Amendment - City File: AM- 2010 -002 Growth Plan Conformity Update - Official Plan Amendment No. 94 Upper Canada Consultants are representing Warren Woods Land Corporation (WWLC) on matters reiated to their lands holdings within the Garner South Secondary Plan Area. Our client has made previous submissions to the City concerning draft OPA 94 policy and mapping over the course of the amendment development. We have also met with planning staff during the development of OPA 96 (Environmental Policies) and continue to comment and meet with respect t the Garner South Secondary Plan (GSSP) development. Our approach in these matters has been proactive and cooperative. We have offered and participated in constructive dialogue and commenting, not only with city staff, but with other stakeholders with interest in this secondary planning area. Our interests with OPA 94 resides in the fact that while not specifically speaking to the GSSP, it does impact by way of policy directives of the Growth Plan via 'Greenfields' and Built Boundary' that will need to be accommodated in its policy framework. The 'complete community' concept that city planning staff have been working to embody in its policies and land use designations for the GSSP are generally acceptable to WWLC, save and accept for some remaining environmental mapping issues that we believe can be resolved outside of the OPA 94 and GSSP planning processes. We are continuing to work with planning staff to resolve these outstanding matters. There is, however, a couple of comments and requests being made herein that we would respectfully request be considered prior to OPA 94 adoption. Rurhn i , n 5' athwlne� CC UPPER CANADA Warren Woods !and Corporation CONSULTANTS Official Plan Amendment 94 - Comment submission June 24, 2011 iE\'GI:\EERS P Firstly, respecting proposed policy wording found in OPA 94 draft policy 1.16.4 , the existing Official Plan policies of Part 2, 13.57 are being referenced. It is WWLC's understanding that once the GSSP is adopted by council, policy section 13.57 will become redundant and w ill subsequently be deleted in favour of the policies of the GSSP. Just as a matter of clarity for council, Part 2, Section 13.57 is th wor o f OPA 82 affecting lands along Brown ''e affecting , .awn R.cad at ` south end of the GSSP area. Confirmation of this future action is requested by WWLC prior to adoption of OPA 94. Secondly, !n addition to the confirmation requested above, we respectfully request a minor wording change to draft policy. 1.16.4 wherein it states , " arc and higher densities are directed towards the northeast quodrar` of the Secondary plan Area.... 'vVe believe it is fair to state that density increases can occur to the north and to the east, which is representative of the concepts and and uses shown on the GSSP mapping developed to date. Therefore, we recommend and request new wording of draft policy 1.16.4 to read as follows: " Within the Garner South Secondary Plan Area, as shown Schedule A -2, the policies of PART 2, Section 13.57 of this Plan shall prevail, In addition, the secondary plan shall provide for a distribution and gradation of densities, heights and housing types where lower densities and heights are generally proximal to the 2km Cytec arc and higher densities are directed towards the north and east quadrant of the Secondary Plan Area to assist in strengthening the Niagara Square Retail District." The refined policies affecting the GSSP can be dealt with during its final stages of it development and will be of keen interest to WWLC. However, as it relates to the Growth Management amendment, we believe OPA 94 is sound in its objective of bringing the City's Official Plan into conformity with the requirements of the Region and Province. It is important the GSSP realize true potential and that an "appropriate" (draft OPA 94 section 1.16.3vi ) balance of land use is achieved without undue encumbrance. Should our concerns meet favourably with staff and council, WWLC would have little desire to stand in the way of OPA 94 adoption and enactment. We trust the staff and council will give due consideration to this submission and WWLC 1 cc U P P E R CANADA Warren Woods Lard Corporation CONSULTANTS Official Plan Amendment 94 - Comment Submission June 24, 2011 \;;VEER, PL's\ \FR. continued efforts to work cooperatively with not only staff, but other stakeholders as we move forward with ensuring a healthy and vibrant Garner South Secondary Plan as a desirable choice for many new residents of Niagara Falls. or Ccunri`'s genera! reference 1 have attacr'ed my May _ Jtr, 2011 letter respecting our .. .'a' comments or the mapping concerns d,spiayed ,n OPA 94 schedules. !f y0 wish to discuss this submission content. please do not hesitate ir contacting me. S,ncere!y, UPPER CANADA CONSULTANTS Lhris Millar, M.C.i.P., R.P.P. Manager of Planning Projects Encl. cc: Mr Dean lorfida, Clerk, City of Niagara Falls Mr. Alex Herlovitch, Director of Planning Robert O'Dell, WWLC 3 J Upper Canada C � Planning & Engineering Ltd. 2. UPPER CANADA CONSULTANTS EVG' \ -EERS • PI_ a v,VERB Ph< May 16 , 2011 via e- mail UCC #0787 Mayor Diodati and Members of Council City of Niagara Falls ^310 Queer Street. P.O. Box 107.3, Niagara Fails ON L2E 6X5 Dear ila vor Diodai.i ariit Members uF i u ci Re: City Initiated Official Plan Amendment - City File: AM- 2010 -002 Growth Plan Conformity Update - Official Plan Amendment No. 94 Upper Canada Consultants are representing Warren Woods Lano Corporat!on on matters :elated to their lands holdings within the Garner South Secondary Plan Area. We continue to work with the City on the secondary plan development and matters related to those stated below. This letter is being submitted to make note of our ongoing concerns as it relates to mapping of some environmental features as it affects our clients holdings. We have met with city staff previously to convey our concerns over remnant designations shown within the existing draft approved and zoned portions of Warren Woods and for those portions being designed in conjunction with the Secondary Plan process. Our concerns are also tied to OPA 96 which is currently with the Region for review and approval. Warren Woods have undertaken extensive environmental study work relating to their holdings and seek to protect the findings of the studies during the final designation of lands, both in this OPA 94 document and the future Garner South Secondary Plan. In short, environmental mapping of this amendment (Schedule A2 — Urban Structure Plan) shown on the Warren Woods lands is inconsistent with approved plans and site specific studies. We wish to ensure this is rectified prior to final approval of this Official Plan Amendment. If you wish to discuss this submission content, please do not hesitate in contacting me. Sincerely, UPPE CANADA CONSULTANTS Chris Millar, M.C.I.P., R.P.P Manager of Planning Projects cc: Mr Dean lorfida, Clerk, City of Niagara Falls Mr. Alex Herlovitch, Director of Planning Robert O'Dell, WWLC Burlinh,n Turkstra Mazza Hamilton London Toronto Scott Snider Professional Corporation 15 Bold Street Hamilton Ontario Canada L8P 1T3 Direct Line 905 526 -6183 ext. 289 Receptionist 905 529 3476 (905 LAW -FIRM) Facsimile 905 529 3663 ssnider @tmalaw.ca June 24, 2011 City of Niagara Falls Attention: Mayor James M. Diodati and Members of Municipal Council 4310 Queen Street, Box 1023 Niagara Falls, Ontario L2E 6X5 Dear Mayor Diodati and Members of Council: Re: Proposed City — Initiated Official Plan Amendment No. 94 Growth Plan Conformity Amendment Morrison/Dorchester Node Paletta International (1990) Inc. Our File No. 13410 We represent Paletta International (1990) Inc. (hereinafter "Paletta ") in this matter. Paletta is the owner of lands at the intersection of Pettit Avenue and Cropp Street, adjacent to the Canadian National Railway, known municipally as 4825 Pettit Avenue. As you are well aware, Paletta made application to amend the City's Official Plan and Zoning By -law to permit the redevelopment of the lands for townhouses and low -rise apartments. That application was refused by the City on April 29, 2011. The matter was appealed to the Board on May 18, 2011. We are not writing in respect of the Paletta amendment applications. We believe firmly that Niagara Falls' decision was based exclusively on concerns raised by Paletta's immediate neighbours — concerns which are unwarranted and unjustified. Indeed, the rejection of Paletta's applications is a clear reflection of the practical difficulties in implementing the intensification objectives in provincial policy. Regardless, this is a matter for the Ontario Municipal Board — which we accept. TURKSTRA MAZZA ASSOCIATES, LAWYERS City of Niagara Falls, Ontario Page 2 Attn: Mayor Diodati and Members of Municipal Council June 24, 2011 However, we are writing to strongly object to a recent Council direction to staff to remove the Paletta site from the "Morrison/Dorchester Node" proposed as part of OPA 94. The Morrison/Dorchester Node, including the Paletta site, was identified by the City as an intensification node through the Growth Plan conformity exercise in February, 2010, if not earlier. In all proposed mapping and text since that time, the Morrison/Dorchester node, including the Paletta site, has been consistently identified as one of Niagara Falls' intensification nodes. Paletta's application was filed after the City had identified its lands as being part of this node. There was never any suggestion through the processing of Paletta's application nor through the planning process related to OPA No. 94, that the Paletta site would be excluded from this intensification node. No staff report has ever suggested that the Paletta site should be excluded from the node. With the greatest of respect, the Council direction to excise the Paletta site from the node in the context of OPA No. 94 has no planning merit. Instead, it is clearly nothing more than a rearguard action designed to bolster the City's case on the appeal currently before the Board. Whatever Council's view of the merits of Paletta's site specific application, this sudden and late - coming move to remove the Paletta site from the intensification node does harm to the comprehensive planning conducted by City Staff in support of OPA 94. Respectfully, it will not strengthen the City's case at the hearing but merely demonstrate that City Council is prepared to take virtually any step to defeat a project that is simply politically unpopular. We urge Council to abandon this strategy. does a di..ervice to the City's Growth Plan conformity exercise and is not respectful of the pl.nni g pro es.. • ; i # . y, • 'Scott ° ider cc: Angelo Paletta Dave Pitblado Chris Millar, Upper Canada Planning & Engineering Ltd. Ssnd 13410/2 TURKSTRA MAZZA ASSOCIATES, LAWYERS