HomeMy WebLinkAbout07-12-2022
AGENDA
City Council Meeting
1:00 PM - Tuesday, July 12, 2022
Council Chambers/Zoom App.
All electronic meetings can be viewed
on this page, the City of Niagara Falls
YouTube channel, the City of Niagara
Falls Facebook page, along with
YourTV Niagara.
Page
1. IN CAMERA SESSION OF COUNCIL
1.1. Resolution to go In-Camera (added)
July 12, 2022 - Resolution to go In-Camera
15
2. CALL TO ORDER
O Canada: Zara Saskin (Recorded version)
Land Acknowledgement and Traditional Indigenous Meeting Opening
3. ADOPTION OF MINUTES
3.1. Council Minutes of June 21, 2022
Minutes - City Council - 21 Jun 2022 - Pdf
16 - 32
4. DISCLOSURES OF PECUNIARY INTEREST
Disclosures of pecuniary interest and a brief explanation thereof will be
made for the current Council Meeting at this time.
5. MAYOR'S REPORTS, ANNOUNCEMENTS
6. DEPUTATIONS / PRESENTATIONS
6.1. Niagara 2022 Canada Summer Games 33 - 51
Page 1 of 549
Vittoria Wikston, Director, Marketing & Community Development
of the Niagara 2022 Canada Summer Games, will provide a
presentation to Council regarding the upcoming Canada Summer
Games.
Presentation - Niagara 2022 Canada Summer Games - City of
Niagara Falls - July 12th (1)
6.2. GROW Community Food Literacy Centre
Katie-Ann Wolfenberg and Dan Giancola, Niagara Falls residents
whom were both named "Niagara Regional Impact Award"
recipients for 2022. Katie-Ann, along with Jonna Wolfenberg will
provide a brief presentation asking Council to help support the
Grand Parade Walk on Saturday, September 17, 2022.
GROW Community Food Literacy Centre - Information pertaining
to cause
52 - 53
6.3. Presentation - Allister Young Arts & Culture Endowment
Fund 2022 Recipient
Kim Van Stygeren, Cultural Development Coordinator, will
acknowledge Dillon Douglas as the 2022 Allister Young Arts &
Culture Endowment Fund recipient.
Dillon Douglas Allister Young Endowment - council attachment
54 - 58
6.4. R&C-2022-12
Allister Young Arts & Culture Endowment Fund 2022
Recipient
Recommendation:
That Council acknowledge Dillon Douglas as the 2022 Allister
Young Arts & Culture Endowment Fund recipient.
R&C-2022-12 - Allister Young Arts & Culture Endowment Fund
2022 Recipient - Pdf
59 - 66
7. PLANNING MATTERS
7.1. F-2022-35 (Presentation added)
City of Niagara Falls Community Benefit Charges Strategy
Danielle Tivoli, from Hemson Consulting, will make a
presentation to Council.
67 - 152
Page 2 of 549
Recommendation:
That Council receive and file report F-2022-35 and all
attachments.
F-2022-35 - City of Niagara Falls Community Benefit Charges
Strategy - Pdf
HEMSON_Niagara Falls CBC PM_12July2022
Comments from residents - Community Benefit Charges Strategy
and Draft by-law
7.2. PBD-2022-46 (Presentation and comments added)
General Amendments to By-law No. 79-200
Andrew Bryce, Manager, Current Planning, will provide an
overview of the report PBD-2022-46.
Recommendation:
That Council approve the general amendments to By-law No. 79-
200, as outlined in this report.
PBD-2022-46 - General Amendments to By-law No. 79-200 - Pdf
Presentation - PBD-2022-46-Staff-AM-2022-003 Council July 12
AM-2022-003 Comments Complete from Public
153 - 195
7.3. PBD-2022-50 (Presentation and comments added)
26T-11-2019-002 & AM-2019-007
Draft Plan of Subdivision
9234 Sodom Road and Part of Lot 19, Concession 2
Willoughby
Applicant & Agent: Polocorp Inc.
Julie Hannah, Planner 2, will provide an overview of the
report PBD-2022-50.
Recommendations:
1. That the application to amend the Zoning By-law be
approved, subject to the regulations outlined in this report;
2. That the Plan of Subdivision be draft approved subject to
the conditions in the attached Appendix A;
3. That the notice of decision include a statement that public
input has been received, considered, and has informed the
decision of Council;
4. That the Mayor or designate be authorized to sign the draft
plan as "approved" 20 days after notice of Council’s
196 - 237
Page 3 of 549
decision has been given as required by the Planning Act,
provided no appeals of the decision have been lodged;
5. That draft approval be given for three years, after which
approval will lapse unless an extension is requested by the
developer and granted by Council; and,
6. That the Mayor and City Clerk be authorized to execute
the Subdivision Agreement and any required documents to
allow for the future registration of the Subdivision when all
matters are addressed to the satisfaction of the City
Solicitor.
PBD-2022-50 - 26T-11-2019-002 & AM-2019-007 Draft Plan of
Subdivision9234 Sodom Road and Part of Lot 19, Concession 2
WilloughbyApplicant & Agent: - Pdf
Presentation - PBD-2022-50 - Staff-26T-11-2019-002 & AM-
2019-007 9234 Sodom Rd Public Mtg
AM-2019-007 Comments Complete from Public
7.4. PBD-2022-51 (Presentations and comments added)
AM-2020-018
Official Plan and Zoning By-law Amendment Application
5500 Marineland Parkway and Lands to the North and
Adjacent to 5500 Marineland Parkway
To permit 183 stacked and 33 block townhouse units and a
parkette on the northern portion and to permit 76 stacked
townhouse units and vacation rental units (VRUs) on the
southern portion
Applicant: Marina (Thundering Waters) Developments Inc.
(Daiyan Adam)
Agent: NPG Planning Solutions (Mary Lou Tanner)
Julie Hannah, Planner 2, will provide an overview of the
report PBD-2022-51.
Recommendations:
1. That Council approve the Official Plan and Zoning By-law
amendments as detailed in this report to permit 183
stacked and 33 block townhouse units and a parkette on
the northern portion and to permit 76 stacked townhouse
units that may be used as Vacation Rental Units (VRUs)
on the southern portion of the subject lands as separated
by Thundering Waters Boulevard, and subject to the other
regulations outlined in this report.
2. That the amending zoning by-law include a Holding (H)
provision to require the implementation of the noise
mitigation measures as outlined in the approved Noise
238 - 338
Page 4 of 549
Study as clauses in the plan of condominium and site plan
agreements.
PBD-2022-51 - AM-2020-018 Official Plan and Zoning By-law
Amendment Application5500 Marineland Parkway and Lands to
the North and Adjacent to 5500 M - Pdf
Presentation - PBD-2022-51 -Staff-AM-2020-018 Thundering
Waters Public Mtg
Presentation - PBD-2022-51- Applicant-20220706 5500
Marineland Pkwy_PM Slides
AM-2020-018 Comments Complete from Public
7.5. PBD-2022-52 (Presentations added)
AM-2022-009
Zoning By-law Amendment Application
3846 Portage Road
To permit two 4 storey stacked townhouse dwellings with 39
dwelling units
Applicant: 2717981 Ontario Inc. (Chris Hawkswell)
Agent: Greg Lipinski (Hawk Development Corp.)
Julie Hannah, Planner 2, will provide an overview of the
report PBD-2022-52.
Recommendation:
That Council approve the Zoning By-law amendment as detailed
in this report to permit two 4 storey stacked townhouse dwelling
units on the subject lands, subject to a parking rate of 1.25 parking
spaces per dwelling unit, and subject to the regulations outlined in
this report.
PBD-2022-52 - AM-2022-009 Zoning By-law Amendment
Application3846 Portage RoadTo permit two 4 storey stacked
townhouse dwellings with 39 dwelling u - Pdf
Presentation - PBD-2022-52 - Staff-AM-2022-009 3846 Portage
Rd Public Mtg
Presentation - PBD-2022-52 - Applicant- AM-2002-009 -2178_Jul
12, 2022_3846 Portage Rd ZBA Presentation
339 - 378
7.6. PBD-2022-49 (Report, presentation and comments added)
AM-2022-002
Official Plan and Zoning By-law Amendment
3770 Montrose Road
379 - 422
Page 5 of 549
Applicant: Cassone Dwellings (BT) Inc. (Daniel Marinovic)
Agent: Bousfields Inc. (Evan Sugden)
Alexa Cooper, Planner 2, will provide an overview of the
report PBD-2022-49.
Recommendations:
1. That Council approve the Official Plan and Zoning By-law
amendments as detailed in this report to redevelop the
lands with a mix of residential uses, subject to the
regulations outlined in this report
2. That the amending zoning by-law include a Holding (H)
provision to require a Record of Site Condition (RSC).
PBD-2022-49 - AM-2022-002 Official Plan and Zoning By-law
Amendment 3770 Montrose Road Applicant: Cassone Dwellings
(BT) Inc. (Daniel Marinovic)Ag - Pdf
Presentation - PBD-2022-49 -Staff PM- 3770 Montrose (AM-
2022-002)
Presentation - PBD-2022-49 - Applicant (Updated)
AM-2022-002 Comments Complete from Public
8. REPORTS
8.1. CLK-2022-13
Fee Waiver Application
- Gateway Residential & Community Support
- Downtown BIA - Niagara Falls Culture Days Music & Food
Expo
- Downtown BIA - Niagara Falls Christmas Market
Recommendations:
That Council approve the Fee Waiver Applications for:
1)Gateway Residential & Community Support - in the amount of
$500.00, to cover a combination of pool memberships, individual
pool passes, gym rentals and fitness passes.
2) Downtown BIA - Niagara Falls Culture Days Music & Food
Expo - Street Party 2022, in the amount of $527.65 for the
waiving of fees associated with the road closure fees and staffing
costs for the event to be held on Sunday, August 14, 2022.
3) Downtown BIA - Niagara Falls Christmas Market, in the
amount of $2,007.07 for the waiving of fees associated with the
423 - 439
Page 6 of 549
road closure fees for the event to be held from November 9, 2022
- December 22, 2022.
4) That Council acknowledge the out of budget expenditure (if
approved, the fee waiver budget would be over-budget by
$15,524..86) and to have Staff find a positive variance to help
fund this budgetary overrun.
CLK-2022-11 - Fee Waiver Applications - -Downtown Board of
Management - Heart Niagara Picnic on Q-Project Share - Tow
Your Weight - Pdf
8.2. F-2022-36
2021 Parking Fund Budget to Actual Variance (unaudited)
Recommendation:
The 2021 Parking Fund Budget to Actual Variance report for the
year ended December 31, 2021 be RECEIVED.
F-2022-36 - 2021 Parking Fund Budget to Actual Variance
(unaudited) - Pdf
440 - 444
8.3. F-2022-37
2022 First Quarter Parking Fund Variance (unaudited)
Recommendation:
That the year to date report for the first quarter of the year to March
31, 2022 for the Parking Fund be RECEIVED.
F-2022-37 - 2022 First Quarter Parking Fund Variance
(unaudited) - Pdf
445 - 449
8.4. FIR-2022-01
Naloxone use by Niagara Falls Fire Department
Recommendation:
That Council authorize the Fire Chief to enroll the Niagara Falls
Fire Department (NFFD) into the Ontario Provincial Naloxone
Program and train fire department personnel in the use of
Naloxone nasal spray for the responses to opioid overdoses.
FIR-2022-01 - Naloxone use by Niagara Falls Fire Department -
Pdf
450 - 452
8.5. MW-2022-42 453 - 455
Page 7 of 549
Request for Delegated Authority for By-Law #89-2000 (A by-
law regulating parking and traffic on City Road)
Recommendations:
1. That the Director of Municipal Works be delegated the
authority to approve the implementation, modification,
and/or removal of the parking and traffic regulations
contained within By-Law 89-2000;
2. That Staff be directed to prepare the necessary
amendments to By-Law 89-2000 for Councils final
approval prior to implementation; and,
3. That Staff be directed to prepare an annual report
documenting all of the amendments to By-Law 89-2000
from the previous year.
MW-2022-42 - Request for Delegated Authority for By-Law #89-
2000 (A by-law regulating parking and traffic on City Road) - Pdf
8.6. PBD-2022-53 (Report pulled/deferred)
AM-2021-019, Official Plan and Zoning By-law Amendment
Application
5613, 5631-5633 Victoria Avenue
Revised Proposal: 35 Storey and 36 Storey Apartment and
On-Street Dwellings on Shared Podium
Applicant: Fugiel International Group Inc.
Agent: Bousfields Inc. (David Falleta)
8.7. PBD-2022-54
Response to Downtown BIA Board of Management
Recommendation:
That Council of the City of Niagara Falls receive report PBD-
2022-54 as information.
PBD-2022-54 - Response to Downtown BIA Board of
Management - Pdf
456 - 466
8.8. R&C-2022-14
Council and Advisory Committee Recognition Policy
Recommendation:
That City Council approve the Council and Advisory Committee
Recognition Policy
R&C-2022-14 - Council and Advisory Committee Recognition
Policy - Pdf
467 - 472
Page 8 of 549
8.9. R&C-2022-15
Community Clean Up Program
Recommendation:
That Council receives the Community Clean Up Program report.
R&C-2022-15 - Community Clean Up Program - Pdf
473 - 478
8.10. CAO-2022-10 (Report added)
Support to host 2023 International Curling Event
Recommendations:
1. That Council approve the contingent financial support for
the Host Committee (The Niagara Falls Curling Club) to a
maximum total of $160,000, in order to host a Grand Slam of
Curling Event in 2023 or 2024.
2. That Council direct staff to assist the Host Committee with
the provision of the Gale Centre as the location for the event,
social media support, grant submission support and a staff liaison
to the Host Committee.
3. That the Rental Fee for the Gale Centre be set at $25,000
for this event.
CAO-2022-10 - Support to host 2023 International Curling Event
- Pdf
479 - 504
9. CONSENT AGENDA
The consent agenda is a set of reports that could be approved in one
motion of council. The approval endorses all of the recommendations
contained in each of the reports within the set. The single motion will
save time.
Prior to the motion being taken, a councillor may request that one or more
of the reports be moved out of the consent agenda to be considered
separately.
9.1. MW-2022-41
Prospect Street – Parking Review
Recommendations:
That the following parking controls be established on Prospect
Street at the conclusion of the road reconstruction project:
505 - 507
Page 9 of 549
1. That a No Parking restriction be established on the north
side of Prospect Street between Drummond Road and
Portage Road;
2. That a No Parking restriction be established on the south
side of Prospect Street between Drummond Road and a
point of 12 metres east of Drummond Road; and,
3. That a No Parking restriction be established on the south
side of Prospect Street between Portage Road and a point
of 17 metres west of Portage Road.
MW-2022-41 - Prospect Street – Parking Review - Pdf
9.2. MW-2022-43
Policy - Residential Meter Pit Installation
Recommendations:
1. That City of Niagara Falls Council approve Policy 318.14 for
Residential Meter Pit Installation.
2. That Council receive report MW-2022-43 as information.
MW-2022-43 - Policy - Residential Meter Pit Installation - Pdf
508 - 513
9.3. R&C-2022-13
R&C Indoor Facility Allocation Policy
Recommendation:
That Council approve the R&C Indoor Facility Allocation Policy
effective August 1, 2022.
R&C-2022-13 - R&C Indoor Facility Allocation Policy - Pdf
514 - 520
10. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
The Communications section of the agenda is a set of items listed as
correspondence to Council that could be approved in one motion of
Council. If Staff feel that more than one recommendation is required,
the listed communications items will be grouped accordingly. The single
motion per recommendation, if required, will save time.
Prior to any motion being taken, a Councillor may request that one or
more of the items be lifted for discussion and considered separately.
RECOMMENDATION: THAT Council approve/support Item #10.1
through to and including Item #10.5.
Page 10 of 549
10.1. Memo from Planning
Regarding:
PLC-2022-011, Request for Removal of Part Lot Control
Block 99, Registered Plan 59M-484, Forestview Estates
7434-7454 Jonathan Drive (Block 99)
Memo to Council - PLC-2022-011
521
10.2. Noise By-law Exemption - New Request - St. George Serbian
Orthodox Church
St. George Serbian Orthodox Church is requesting an exemption
to the current noise-by-law exemption, to have it extended until
12:30 AM on July 31, 2022 and September 4, 2022. Both dates
are important Saint's Days within the Church and are important
for the culture and orthodox traditions.
RECOMMENDATION: For Council's Consideration.
Noise By-law Exemption - New request - St. George Serbian
Orthodox Church
Noise Exemption - St George Serbian Orthodox Church
522 - 526
10.3. Proclamation Request - Niagara Gives
Niagara Gives is requesting Council to proclaim Tuesday,
November 29, 2022 as "Giving Tuesday" in the City of Niagara
Falls.
"Giving Tuesday" is an annual day to celebrate charity,
philanthropy and volunteerism. Niagara will come together to
donate their time and money to causes that matter most to the
most vulnerable in the community.
RECOMMENDATION: That Council proclaim Tuesday,
November 29, 2022 as "Giving Tuesday" in the City of Niagara
Falls.
Proclamation Request - Giving Tuesday
527
10.4. Resolution - Municipality of Tweed
Attached is a letter from the Council of the Municipality of Tweed
requesting your consideration and support to increase the
administration fee on wildlife claims.
Resolution - Municipality of Tweed - Livestock Support Letter
Resolution
528 - 530
Page 11 of 549
10.5. Noise By-law Exemption - 11th Annual Heaters Heroes Run
For Children
The Heaters Heroes Committee along with the Fallsview Hose
Brigade are requesting that Council grant an exemption to the
City's Noise-By-law until 11:00 PM on Saturday, September 17
2022, for the purpose of playing music for their annual event
taking place at Oakes Park.
11. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
RECOMMENDATION: THAT Council receive and file for
information Item #11.1.
11.1. Memo - Updating Council on the Availability of Period
Products
Attached is a memo to update Council on the pilot project to
provide period products at City and Library locations.
Memo - Availibity of period products
531
12. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
12.1. Noise By-law Exemption - Rave Religion - Electronic Music
Event - Niagara Falls Convention Centre
The organizer for this event is requesting the City to grant a noise
by-law exemption for the event being held on Saturday, August
20, 2022, at the Niagara Falls Convention Centre from 10:00 PM
to 5:00 AM. This is an indoor event, however, they will have an
designated smoking area outdoors with concern of the noise from
the music with the door opening and closing.
RECOMMENDATION: For Council's Consideration.
Noise By-law Exemption - Rave Religion - Electronic Music Event
532 - 537
12.2. Noise By-law Exemption - Caribbean Carnival - Plush
Imperial
CARIFALLS - Caribbean Carnival Plush Imperial, the organizers
of the Caribbean Carnival taking place on Saturday, August 27,
2022 on Queen Street, have asked for a noise by-law exemption
for the playing of music from 10:00am until 3:00am.
RECOMMENDATION: For Council's Consideration.
Noise exemption- Carifalls - Caribbean Carnival Plush Imperial
538
13. RESOLUTIONS
Page 12 of 549
13.1. Resolution to Council
AM-2021-019
To deem changes minor
That subject to subsection 34(17) of the Planning Act, 1990
R.S.O Council deems the change in the zoning by-law
amendment application minor and exempts the requirement for
further written notice.
No. 9 - AM-2021-019 Resolution to Council-to deem changes
minor
539
14. RATIFICATION OF IN-CAMERA
15. NOTICE OF MOTION/NEW BUSINESS
Except as otherwise provided in the Procedural By-law, all Notices of
Motion shall be presented, in writing, at a Meeting of Council, but shall
not be debated until the next regular Meeting of Council.
A Motion may be introduced without notice, if Council, without debate,
dispenses with the requirement for notice on the affirmative vote of two-
thirds of the Members present.
16. BY-LAWS
The City Clerk will advise of any additional by-laws or amendments to
the by-law listed for Council consideration.
2022-
077.
A by-law to amend By-law No. 89-2000, being a by-law to
regulate parking and traffic on City Roads. (Parking Prohibited)
July 12 - Cummington Street West - Accessible Parking
540 - 541
2022-
078.
A by-law to amend By-law No. 89-2000, being a by-law to
regulate parking and traffic on City Roads. (Parking Meter Zone,
Metered Parking Main Street BIA, Parking Prohibited,
Designated Lanes)
July 12 - Main Street - Bike Lane & Parking
542 - 545
Page 13 of 549
2022-
079.
A by-law to designate Block 99, Registered Plan 59M-484, not to
be subject to part-lot control (PLC-2022-011).
By-law - PLC-2022-011
546
2022-
080.
A by-law to amend By-law No. 2002-081, being a by-law to
appoint City employees, agents and third parties for the
enforcement of provincial or municipal by-laws.
2022 JUL 12 By-law Enforcement Officers
547 - 548
2022-
081.
A by-law to adopt, ratify and confirm the actions of City Council
at its meeting held on the 12th day of July, 2022.
07 12 22 Confirming By-law
549
17. ADJOURNMENT
Page 14 of 549
The City of Niagara Falls, Ontario
Resolution
July 12, 2022
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 is if
the subject matter falls under one of the exceptions under s. 239(2) of the Municipal Act.
WHEREAS on July 12, 2022, Niagara Falls City Council will be holding a Closed Meeting
as permitted under s. 239 (2)(c), of the Municipal Act, namely;
(2) A meeting or part of a meeting may be closed to the public if the subject
matter being considered is;
(c) a proposed or pending acquisition or disposition of land by the
municipality or local board;
THEREFORE BE IT RESOLVED that on July 12, 2022 Niagara Falls City Council will go
into a closed meeting to consider matters that fall under section 239 (2) (c) to discuss a
proposed or pending acquisition or disposition of land by the municipality.
AND The Seal of the Corporation be hereto affixed.
WILLIAM G. MATSON JAMES M. DIODATI
CITY CLERK MAYOR
Page 15 of 549
MINUTES
City Council Meeting
4:00 PM - Tuesday, June 21, 2022
Council Chambers/Zoom App.
The City Council Meeting of the City of Niagara Falls was called to order on Tuesday, June 21,
2022, at 4:00 PM, in the Council Chambers, with the following members present:
COUNCIL
PRESENT:
Mayor Jim Diodati, Councillor Wayne Campbell, Councillor Chris
Dabrowski, Councillor Vince Kerrio, Councillor Carolynn Ioannoni,
Councillor Lori Lococo, Councillor Victor Pietrangelo, Councillor Mike
Strange, Councillor Wayne Thomson
COUNCIL
ABSENT:
STAFF
PRESENT:
Jason Burgess, Bill Matson, Margaret Corbett, Kira Dolch, Julie Hannah,
Nidhi Punyarthi, Erik Nickel (present in Chambers)
Trent Dark, Serge Felicetti, Jo Zambito, Jonathan Leavens, Kathy
Moldenhauer, Carla Stout (present virtually via Zoom)
1. IN CAMERA SESSION OF COUNCIL
1.1. Resolution to go In-Camera
Moved by Councillor Chris Dabrowski
Seconded by Councillor Wayne Thomson
That Council enter into an In-Camera session.
Carried Unanimously
2. CALL TO ORDER
The meeting was called to order at 5:37 PM.
3. ADOPTION OF MINUTES
3.1. Council Minutes of May 31, 2022
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Vince Kerrio
That Council approve the minutes of the May 31, 2022 meeting as presented.
Carried (Councillor Ioannoni abstained from the vote).
4. DISCLOSURES OF PECUNIARY INTEREST
Page 1 of 17
Page 16 of 549
a) Councillor Lori Lococo declared a conflict of interest to Item #10.1 - Downtown
BIA - Update of BIA slate of officers as the Downtown BIA is her spouse's
former employer.
b) Councillor Vince Kerrio declared a conflict of interest to Item #12.9 - "Fallsview
BIA Budget" and to Item #12.1 - "Fallsview BIA - Request by BIA to amend
their agreement with the Convention Centre" (as he is a member).
c) Councillor Victor Pietrangelo declared a conflict of interest to MW-2022-37 and
to MW-2022-38 as they both deal with school crossing guards whereby input
was received from NCDSB (Niagara Catholic District School Board), which is
his employer.
5. MAYOR'S REPORTS, ANNOUNCEMENTS
a) Mayor Diodati extended condolences to the following:
• Denis Halle, brother-in-law of Tony D'Amario in our Municipal Works
Department.
• Marc Drolet of our Environmental Services Department.
• Atonia "Toni" Conidi, mother-in-law of Sarah Conidi, in our Legal
Department.
b) Mayor Diodati made the following announcements:
Canada Day—Friday, July 1st
• Parade—starts at 11AM
o along the classic route downtown Victoria, Valley Way, Queen
o still need volunteers—sign-up online at niagarafalls.ca
o marching band/ stilt walkers/ characters/ Project SHARE
• Events—a number of free community events all weekend
o Niagara Falls History Museum – 10AM-5PM
o Outdoor Pools—Friday, Saturday & Sunday 1PM-7PM
o Gale Centre Arena—Skate on Sunday 2:15-4:15PM
o NF Farmer’s Market—Saturday 7AM- 1PM
▪ MacBain Centre Parking Lot
▪
Flag Raisings—also attended by Councillor Thomson (photos were shown)
• Queen’s Jubilee Flag Raising
• Italian Flag Raising
• Senior’s Month Flag Raising
• Filipino Independence Day
Key to the City—William Shatner [photos were shown]
• At ComicCon—organized by Councillor Dabrowski
• Canadian actor—best known for his role as Captain Kirk in Star Trek
• Auction of the signed key garnered $16,500 for his children’s charity
June is Parks and Recreation Month
• Thank you to our incredible staff
• Events/ openings/ programs/ seniors/ youth/ committees
• Front-facing staff and they do an incredible job in our community
Mother Earth Day at Firemen’s
Page 2 of 17
Page 17 of 549
• Also attended by Councillor Lococo and Councillor Pietrangelo
• Red Raiders [photos]
• Celebrating a new home base at Princess Margaret School
• Congratulations on the upgrades and
Nik Wallenda—10 year anniversary [photos]
• Nik figure donated by Ripley’s
• Visitors to the falls can join in the fun and re-live the event
• Also attended by Councillor Thomson
Korean War Gapyeong Battle Victory Monument [photos were shown]
• Also attended by Councillor Lococo
• Congratulations on cemetery staff
• Amazing event in partnership with Korean Veterans Association and
City of Gapeyeong
• Encourage everyone to visit Fairview Cemetery to see the monument
City Council Representatives
Pride in the Parking Lot Councillor Lococo
Opening Ceremony of Niagara Military
Museum’s Afghanistan Exhibit
Councillor Thomson
Grand Openings/ Business Happenings [photos for each one shown]
• Women’s Place of South Niagara—grand opening
o Also attended by Councillor Lococo
• 50 Year Celebration of the Flying Saucer
• Buds 4 Less Cannabis—grand opening
• Canadian Tire Jumpstart—fundraiser
o Also attended by Councillor Pietrangelo
• Tools in the Trade Boot Camp
• WD Craftline Inc.—grand opening
• Ivory Dental Studio—grand opening
• Wendy Leard School of Dance 42nd year celebration
o Also attended by Councillor Strange
c) The next Council meeting is scheduled for Tuesday, July 12, 2022.
6. DEPUTATIONS / PRESENTATIONS
6.1. Mayor's Youth Advisory Committee (MYAC)
The Mayor's Youth Advisory Committtee (MYAC) provided Council with a
presentation to include the following:
• Scholarship presentation - MYAC Chairs, Aiden Bilon and Salony
Sharma and Mr. Mitchinson will recognize the 3 scholarship recipients
(Ethan Zahn, Finesse Warriner and Serena Butera).
• Annual Deputation - MYAC Chairs to review MYAC's 2021/2022 school
year.
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7. PLANNING MATTERS
7.1. PBD-
PBD-2022-44
AM-2022-007
Official Plan and Zoning By-law Amendment Application
5647-5669 Main Street and part of 5662 Lowell Street
To permit a 10 storey mixed-use building with 107 dwelling units
Applicant: Ed and Ruth Ann Nieuwesteeg and 2738129 Ontario Inc. (Dr.
George & Karen Zimakas) and Sandra Josephine Smith
Agent: ACK Architects (Michael Allen)
The Public meeting commenced at 6:19 PM.
Julie Hannah, Planner 2, gave an overview of the background report PBD-
2022-44.
No members of the public spoke to the application.
Michael Allen, from ACK Architects Studio Inc, acting as the agent, provided
details on units as part of the development.
The Public meeting was closed at 6.28 PM.
Moved by Councillor Vince Kerrio
Seconded by Councillor Wayne Thomson
1. That Council approve the Official Plan and Zoning By-law amendments
as detailed in this report to permit a 10 storey mixed -use building on the
subject lands, subject to providing a 45 degree angular plane from the
rear lot line to the top of the building, and subject to the other regulations
outlined in this report.
2. That the amending zoning by-law include a Holding (H) provision to
require a Record of Site Condition, and updated engineering report and
third party hydraulic modelling.
3. That Council approve the request to pass a by-law to deem Lots 9 and
10 of Plan 653, to not be in a plan of subdivision and that this by -law, to
enable the lots to be merged, be placed on Council’s agenda at the
same time as the amending zoning by-law.
Carried Unanimously
8. REPORTS
8.1. MW-
MW-2022-32
Final Asset Management Plan - Core Assets
Erik Nickel, Director of Municipal Works, set context as to the purpose of
Report MW-2022-32.
Page 4 of 17
Page 19 of 549
Moved by Councillor Vince Kerrio
Seconded by Councillor Wayne Campbell
Recommendations:
1. That the City's Asset Management Plan for Core Assets be Endorsed by the
CAO and approved by a resolution passed by City Council as required under
Ontario Regulation 588/17 for submission to the Ministry of Municipal Affairs and
Housing by July 01, 2022; and further,
2. That the recommendations of the Asset Management Plan including the
financing strategy, development of a 10-year capital budget, utilization of risk-
based prioritization, and increase of asset condition knowledge be incorporated
into the 2023 Budget process; and further,
3. That Council consider additional staffing needs as part of the 2023 Budget
process in support of the organizational changes to ensure accountability for
City-wide asset management activities and the adoption of consistent and
standardized asset management practices is executed; and further,
4. That Council authorize the award of an asset management consulting service
contract to SLBC Inc. in the amount of $99,536 plus applicable taxes in support
of the development of the Asset Management Plan for Non-Core Assets due July
01, 2024.
Carried Unanimously
8.2. F-
F-2022-28
Monthly Tax Receivables Report - May
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Mike Strange
Recommendation:
That Council receive the Monthly Tax Receivables report for information
purposes.
Carried Unanimously
8.3. F-
F-2022-29
Low Income Seniors and People with Disabilities Water and Property Tax
Rebate Programs
Moved by Councillor Wayne Thomson
Seconded by Councillor Victor Pietrangelo
Recommendation:
For the information of Council.
Carried Unanimously
8.4. F-
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Page 20 of 549
F-2022-32
Fire Truck Procurement Update
Moved by Councillor Mike Strange
Seconded by Councillor Vince Kerrio
Recommendations:
1. That Council approve a 2022 capital budget amendment of $75,000
funded from Capital Special Purpose Reserves to fund the purchase of
two replacement fire trucks.
2. That Council receive and file report F-2022-32
Carried Unanimously
8.5. F-
F-2022-33
Development Charges Treasurer's Statements
Moved by Councillor Carolynn Ioannoni
Seconded by Councillor Victor Pietrangelo
Recommendation:
That Council receive this report and attachments for information.
Carried Unanimously
8.6. MW-
MW-2022-31
Niagara Falls Cemetery Services - Comprehensive Cemeteries Plan
Fraser Drysdale from GSP Group, shared a presentation to Council.
Moved by Councillor Lori Lococo
Seconded by Councillor Carolynn Ioannoni
1. That Council approve the Comprehensive Cemeteries Plan attached to this
report; and further,
2. That Council consider the financial implications of the Comprehensive
Cemeteries Plan as part of future budget review processes.
3. That the above recommendations be approved minus any site locations
mentioned in the plan for future expansion.
Carried Unanimously
8.7. MW-
MW-2022-33
Welcome To Chippawa Sign Feature Condition and Information
Moved by Councillor Wayne Thomson
Seconded by Councillor Carolynn Ioannoni
Page 6 of 17
Page 21 of 549
1. That Council receive this report for information
2. That future planning, design, and improvements to the Welcome To
Chippawa Sign Feature be referred to future Capital Budgets for consideration.
3. Furthermore, that Council direct Economic Development staff to contact
Chippawa businesses to discuss beautification around the BIA and possible
BIA development.
Carried Unanimously
8.8. MW-
MW-2022-34
Update on Implementation Strategy for the Climate Change Adaptation
Plan
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Lori Lococo
1. That Council receive for information this update on the implementation
strategy for the climate change adaptation plan; and further,
2. That Council refer to the 2023 budget process considerations relating to staff
complement increases necessary to support ongoing efforts to lead and deliver
climate change initiatives; and further,
3. That Council authorize the CAO to exercise delegated authority to enter into
partnership(s) with Local Area Municipalities, the Conservation Authority, or the
Region for sharing of additional Climate Change related resources including
potential staffing resources; and further, explore other partnerships and
organizations, such as, Niagara College, Niagara Parks Commission and
Vineland Research, and further,
4. That Council approve a 2023 pre-budget request in the amount of $75,000 for
the purposes of engaging a consultant to assist with completion of the
implementation strategy including additional public consultation, a risk and
vulnerability assessment, vetting of recommendations, cost forecasting, a best-
practices review, an organizational review, and report preparation.
5. That Council direct staff to complete and Urban Forestry Strategy as part of
the 2023 budget.
6. That Council direct staff to include informat ion pertaining to the "green
development standard" and the costs associated with it in the same report.
Carried Unanimously
8.9. MW-
MW-2022-37
School Crossing Guards - Level of Service Review
Moved by Councillor Wayne Thomson
Seconded by Councillor Mike Strange
Recommendation:
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That Council approve the Staff recommendation to discontinue midday (lunch -
time) school crossing guard services for all locations, effective June 30, 2022.
Carried Unanimously (Councillor Pietrangelo declared a conflict and
Councillor Dabrowski was absent from vote).
8.10. R&C-
R&C-2022-10
Awarding of Public Art at the Exchange
Moved by Councillor Wayne Campbell
Seconded by Councillor Vince Kerrio
That City Council receive R&C-2022-10, Awarding of Public Art at the Niagara
Falls Exchange report.
Carried Unanimously
8.11. PBD-
PBD-2022-45
Honourary Street Naming
Moved by Councillor Wayne Campbell
Seconded by Councillor Victor Pietrangelo
That Council direct staff to prepare an Honourary Street Naming policy for
Council’s review and consideration.
Carried Unanimously
8.12. F-
F-2022-30
Insurance Renewal Report
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Mike Strange
THAT Council approve the 2022-2023 Comprehensive Insurance Program
from Intact Public Entities Inc.
Carried Unanimously
9. CONSENT AGENDA
9.1. MW-
MW-2022-35
Cummington Square West – Accessible Parking
Moved by Councillor Vince Kerrio
Seconded by Councillor Wayne Thomson
Subject to approval by the Mayor's Accessibility Advisory Committee at their
scheduled June 27, 2022 meeting, that the accessible parking space on the
southwest side of Cummington Square West between a point 29 metres
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northwest of Main Street and a point 35 metres northwest of Main Street to be
relocated to a location between a point of 59 metres northwest of Main S treet
and a point 65 metres northwest of Main Street.
Carried Unanimously
9.2. MW-
MW-2022-36
Main Street between Lundy’s Lane/Ferry Street & North Street - New
Cycling Lanes
Moved by Councillor Vince Kerrio
Seconded by Councillor Wayne Thomson
1. That a curb-side bicycle lane be designated for cyclist use only on the
east side of Main Street between Lundy’s Lane/Ferry Street & North
Street;
2. That a bicycle lane separated by on-street parking and a 1.0 metre
buffer be designated for cyclist use only on the west side of Main Street
between Lundy’s Lane/Ferry Street & North Street;
3. That two (2) on-street parking spaces be removed on the east side of
Main Street between a point 67 metres north of Ferry Street and a point
97 metres north of Ferry Street;
4. That a No Parking restriction be established on the east side of Main
Street, on the segments that are currently unrestricted, between Lundy’s
Lane/Ferry Street & North Street;
5. That Council pass the amending by-law on tonight’s agenda.
Carried Unanimously
9.3. MW-
MW-2022-38
School Crossing Guards Reviews
Moved by Councillor Vince Kerrio
Seconded by Councillor Wayne Thomson
1. That Council approve School Crossing Guard services at the
intersection of Beaverdams Road at Watson Street.
2. That Council approve the discontinuation of School Crossing Guard
services at the following locations:
a. Morrison Street at Portage Road (east intersection); and
b. Lundy’s Lane at Highland Avenue.
Carried Unanimously (Councillor Pietrangelo declared a conflict).
9.4. PBD-
PBD-2022-43
26CD-11-2021-005
Record of Site Condition Update
Moved by Councillor Vince Kerrio
Seconded by Councillor Wayne Thomson
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Page 24 of 549
That Council accept the report for information purposes.
Carried Unanimously
9.5. R&C-
R&C-2022-11
Update of Museum Policies
Moved by Councillor Vince Kerrio
Seconded by Councillor Wayne Thomson
That Council accept the updated Museum policies as presented.
Carried Unanimously
10. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
RECOMMENDATION: THAT Council approve/support Item #10.1 through to
and including Item #10.10.
10.1. Downtown BIA - Update of BIA slate of officers
Attached is a letter from the Downtown BIA updating the slate of officers
seeking approval from Council.
10.2. Noise By-law Exemption - Drive-In Car Show - Firemen's Park
Attached is a request to extend the noise by-law to 11:00 PM on Saturday,
August 20, 2022 to allow for the drive-in car show event at Firemen's Park.
10.3. Noise By-law Exemption - Taps Brewhouse Outdoor Events 2022
Taps Brewhouse is seeking relief from the Amplified Noise By-law for a
number of summer events as listed in the attached letter.
10.4. Resolution - Town of Aurora - Mandatory Firefighter Certificate
Attached is correspondence from the Town of Aurora's Council meeting of May
24, 2022, regarding a resolution adopted by Council respecting "Mandatory
Firefighter Certification."
10.5. Lighting Niagara Falls City Hall Blue - Arthritis Awareness Month
The Arthritis Society is requesting approval from Council to light the Niagara
Falls City Hall building blue on Thursday, September 1, 2022 in support of
Arthritis Awareness Month.
Moved by Councillor Lori Lococo
Seconded by Councillor Victor Pietrangelo
That staff report back to Council information pertaining to the process involved
to request the lighting of City Hall to highlight initiatives and to consult with
WFOL for the possible use of resources.
Carried Unanimously
10.6. Memo from Planning
Page 10 of 17
Page 25 of 549
Regarding:
PLC-2022-009, Request for Removal of Part Lot Control
Lots 18, 48, and 62, Registered Plan 59M-491, Lyons Creek Phase 5
9336-9338 White Oak Ave. (Lot 18); 9297-9299 Griffin St. (Lot 48); and 9253-
9255 White Oak Ave. (Lot 62)
10.7. Memo from Planning
Regarding:
PLC-2022-010, Request for Removal of Part Lot Control
Lots 63 to 68 inclusive and Block 69, Registered Plan 59M-491, Chippawa
West
9215-9249 White Oak Avenue and 9200-9210 Griffin Street
10.8. Proclamation Request - Rail Safety Week
Attached is a letter from CN requesting Council to support "Rail Safety Week"
to be held from September 19-25, 2022.
10.9. Fallsview BIA-2022 Budget
The Fallsview BIA is asking Council to approve their 2022 budget at
$103,000.00.
10.10. Seniors Advisory Committee - Memo for Council
Motion from Committee: For Council to direct finance staff to create a
comprehensive rebate policy regarding water and property tax for lower income
seniors.
Moved by Councillor Vince Kerrio
Seconded by Councillor Victor Pietrangelo
That Council approve/support Item #10.1 through to Item #10.10.
Carried Unanimously (Councillor Vince Kerrio declared a conflict to Item
#10.9 and Councillor Lori Lococo declared a conflict to Item #10.1).
11. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
RECOMMENDATION: THAT Council receive and file for information Item #11.1
through to and including Item #11.8.
11.1. Niagara District Airport Commission
The attached letter was received from Dan Pillon, CEO of the Niagara District
Airport regarding the RFP.
Councillor Lori Lococo requested that Council lift Item #11.1 for further
discussion. Councillor Lococo requested that all 3 municipalities agree on a
vision for the airport.
11.2. Niagara Region Correspondence
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Page 26 of 549
Attached is correspondence sent from the Niagara Region regarding the
following matters:
1) Brownfield Tax Assistance Incentive Funding Request
2) Waste Management System By-law and Access to Closed Landfill and
Repurposed Sites By-law Updates
11.3. Resolution - City of Kitchener - Energy Performance Tiers
Attached is a resolution regarding higher energy performance tiers.
11.4. Resolutions - Town of Fort Erie - Federal Government's Plans to Tax
Vacant Foreign Owned Properties and Bidding Wars on Apartment
Rentals
Attached are two resolutions from the Town of Fort Erie.
11.5. Resolution - Town of Fort Erie - ArriveCAN & Covid-19 Travel Measures
to Enter Canada
The Municipal Council of the Town of Fort Erie at its meeting of May 30, 2022
passed the attached resolution regarding ArriveCAN & COVID -19 Travel
Measures to Enter Canada.
11.6. Resolution - City of Thorold - Declaring a state of emergency of mental
health, homelessness and addiction in the City of Thorold.
Please be guided by the attached correspondence to declare a state of
emergency of mental health, homelessness and addiction in the City of
Thorold.
Moved by Councillor Wayne Campbell
Seconded by Councillor Carolynn Ioannoni
That Council support the City of Thorold's resolution to declare a state of
emergency of mental health, homelessness and addiction in the City of
Thorold and furthermore that the Council of the City of Niagara Falls declare a
state of emergency of mental health, homelessness and addiction in the City of
Niagara Falls.
The Niagara Falls City Council, at its June 21, 2022 meeting, adopted the
motion as follows:
WHEREAS According to the Province of Ontario Emergency Response Plan
(2008), Canadian municipalities are free to declare state of emergencies in
response to "any situation or impending situation caused b the forces of
nature, an accident, an intentional act or otherwise that constitutes a danger of
major proportions to life or property";
WHEREAS 11/12 of Niagara-area municipalities have requested that the
Niagara Region declare a state of emergency on mental health, homelessness
and addiction, the Niagara Falls Council previously unanimously supported a
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Page 27 of 549
motion requesting the Niagara Region declare a state of emergency on mental
health, homelessness and addiction;
WHEREAS Approximately 665 residents, including 121 children in Niagara,
were counted as homeless (March 2021);
WHEREAS Niagara EMS reported 1001 suspected opiod overdoses (2021)
and 210 suspected opiod overdoses already this year (April 2022); and
WHEREAS Niagara's suicide rate of 9.8 deaths per 100,000 is higher than the
provincial average of 7.7 deaths per 1,000,000 in Ontario (Stats Can.)
NOW THEREFORE BE IT RESOLVED
That the City of Niagara Falls Council DIRECT Mayor Jim Diodati as the Head
of Council to declare a state of emergency on mental health, homelessness
and addiction in the City of Niagara Falls; and
That this resolution BE CIRCULATED to the Ontario Minister of the Sol icitor
General, Emergency Management Ontario, the Premier of Ontario, the Ontario
Ministry of Community and Social Services, the Ontario Associate Minister for
Mental Health, all Niagara-are Members of Provincial Parliament, and all
Niagara area municipalities.
CARRIED UNANIMOUSLY
Carried Unanimously
11.7. Letter to Municipal Councils - from the Municipal Engineers Association
(MEA)
Attached is a letter regarding the retention of professional engineers at Ontario
municipalities.
11.8. Environmental Concerns - Former Cyanamid Lands, First Avenue, Bridge
Street
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Vince Kerrio
That Council receive and file for information Item #11.1 through to and
including item #11.5 and that Council receive and file for information Item
#11.7 through to and including Item #11.8.
Carried Unanimously
12. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
RECOMMENDATION: THAT Council Refer to Staff Item #12.1 through to and
including Item #12.3.
12.1. Fallsview BIA - Letter to City - Niagara Civic & Convention Centre, Inc.
Request for the City of Niagara Falls to amend the Fallsview BIA agreement.
Moved by Councillor Wayne Thomson
Seconded by Councillor Victor Pietrangelo
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Page 28 of 549
That Council refer to staff the matter requesting the City of Niagara Falls to
amend the Fallsview BIA agreement.
Carried Unanimously (Councillor Vince Kerrio declared a conflict).
12.2. Street Name Change Request
Staff have received a request for a street name change of Marineland
Parkway.
Moved by Councillor Wayne Campbell
Seconded by Councillor Lori Lococo
That Council refer to staff the matter pertaining to the request for a street name
change of Marineland Parkway.
Carried Unanimously
12.3. Electric Scooter By-law
Resident Joedy Burdett would like Council to implement the Provincial Kick -
Style Pilot Project that allows municipalities to choose where and how e-
scooters may be used.
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Mike Strange
That Council refer to staff the matter pertaining to the City implementing the
Provincial Kick-Style Pilot Project that allows municipalities to choose where
and how e-scooters may be used. Furthermore, that the report include details
around liability, enforcement, licensing, education and safety issues.
Carried Unanimously
13. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
13.1. Niagara Regional Correspondence
Attached is correspondence from the Niagara Region regarding the Waterpipe
Smoking By-law.
RECOMMENDATION: That the City of Niagara Falls consents to the passage
of the Waterpipe By-law of the Regional Municipality of Niagara, being a by-
law to regulate waterpipe smoking in the Region.
Moved by Councillor Vince Kerrio
Seconded by Councillor Mike Strange
That the City of Niagara Falls consents to the passage of the Waterpipe By-law
of the Regional Municipality of Niagara, being a by-law to regulate waterpipe
smoking in the Region.
Carried Unanimously
13.2. Free Transit Trips Request - 2022 Canada Summer Games
Attached is a memorandum from Transit Services requesting free transit for
the volunteers and participants at the 2022 Canada Summer Games.
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Page 29 of 549
RECOMMENDATION: That the Council of the City of Niagara Falls approves
the request by the Niagara 2022 Canada Summer Games for free trips on
Niagara Falls Transit services to participants and volunteers who can present
their accreditation at the time of boarding between the dates of August 3 to
August 24, 2022.
Moved by Councillor Mike Strange
Seconded by Councillor Wayne Thomson
That the Council of the City of Niagara Falls approves the request by the
Niagara 2022 Canada Summer Games for free trips on Niagara Falls Transit
services to participants and volunteers who can present their accreditation at
the time of boarding between the dates of August 3 to August 24, 2022.
Carried Unanimously
14. RESOLUTIONS
14.1. MW-
MW-2022-32
Final Asset Management Plan
Moved by Councillor Vince Kerrio
Seconded by Councillor Mike Strange
No. 7
Moved by: Councillor Vince Kerrio Seconded by: Councillor Mike
Strange
WHEREAS Ontario Regulation 588/17 Asset Management Planning for
Municipal Infrastructure, made under the Infrastructure for Jobs and Prosperity
Act, 2015 sets forth requirements for Ontario municipalities as it pertains to
Asset Management planning and reporting for municipal infrastructure; and;
WHEREAS Ontario Regulation 88/17 Section 3.(1) specifies that every
municipality shall prepare an asset management plan in respect of i ts core
municipal infrastructure assets by July 1, 2022, and in respect of all of its other
municipal infrastructure assets by July 1, 2024; and
WHEREAS Ontario Regulation 588/17 Section 8. Specifies that every asset
management plan prepared under Ontario Regulation 588/17 under Section 5:
Asset Management Plans, Current Levels of Service or Section 6: Asset
Management Plans, Proposed Levels of Service, or updated under Section 7:
Update of Asset Management Plans, must be:
a. Endorsed by the executive lead of the municipality; and
b. Approved by a resolution passed by the municipal council
THEREFORE BE IT RESOLVED THAT the City's Asset Management Plan for
Core Assets be ENDORSED by the CAO and approved by City Council as
Page 15 of 17
Page 30 of 549
required under Ontario Regulation 588/17 for submission to the Ministry of
Municipal Affairs and Housing by July 01, 2022
Carried Unanimously
Moved by Councillor Vince Kerrio
Seconded by Councillor Mike Strange
That the City's Asset Management Plan for Core Assets be ENDORSED by
the CAO and approved by City Council as required under Ontario Regulation
588/17 for submission to the Ministry of Municipal Affairs and Housing by July
1, 2022.
Carried Unanimously
15. RATIFICATION OF IN-CAMERA
a) Ratification of In-Camera
Moved by Councillor Lori Lococo
Seconded by Councillor Wayne Campbell
That Council provide direction to staff to report back on the City's insurance
coverage; furthermore that direction was given to staff to report back on 3
specific properties for future consideration regarding cemetery use.
Carried Unanimously
16. NOTICE OF MOTION/NEW BUSINESS
a) Parking Lot Repair - Royal Canadian Legion, Branch 479
Direction to Staff: Councillor Mike Strange discussed the poor condition of the
parking lot of the Royal Canadian Legion, Branch 479. Staff to review and
repair the pot holes in the parking lot at the Royal Canadian Legion, Branch
479.
b) Vacancy Tax Review
Direction to Staff: Councillor Lococo has requested that staff bring a report to
Council in August 2022 on the vacancy tax and to include an investigation of
other options.
17. BY-LAWS
2022-
070.
A by-law to amend By-law No. 2002-081, being a by-law to appoint City
employees, agents and third parties for the enforcement of provincial or
municipal by-laws.
2022-
071.
A By -law to appoint Deputy Lottery Licensing Officers.
2022-
072.
A by-law to amend By-law No. 89-2000, being a by-law to regulate parking
and traffic on City Roads. (Parking Prohibited)
2022-
073.
A by-law to designate Lots 18, 48, and 62, Registered Plan 59M-491, not to
be subject to part-lot control (PLC-2022-009).
Page 16 of 17
Page 31 of 549
2022-
074.
A by-law to designate Lots 63 to 68 inclusive and Block 69, Registered Plan
59M-491, not to be subject to part-lot control (PLC-2022-010).
2022-
075.
A by-law to amend By-law Nos. 79-200 and 2013-126, to permit the use of the
Lands to apartment dwellings (AM-2022-006).
2022-
076.
A by-law to adopt, ratify and confirm the actions of City Council at its meeting
held on the 21st day of June, 2022.
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Wayne Campbell
That the by-laws be read a first, second and third time and passed.
Carried Unanimously
18. ADJOURNMENT
a) Adjournment
Moved by Councillor Carolynn Ioannoni
Seconded by Councillor Chris Dabrowski
That Council adjourn the meeting at 7:49 PM.
Carried Unanimously
Mayor
City Clerk
Page 17 of 17
Page 32 of 549
Niagara 2022Canada Summer Games
Page 33 of 549
Niagara Falls Torch Leg
Sunday, June 26th, 2022
Page 34 of 549
Niagara 2022Canada Summer Games
Page 35 of 549
Niagara 2022Canada Summer Games
Page 36 of 549
Niagara 2022Canada Summer Games
Page 37 of 549
Niagara 2022Canada Summer Games
Page 38 of 549
Niagara 2022Canada Summer Games
Page 39 of 549
Niagara 2022Canada Summer GamesThank you…
City of Niagara Falls
Planning Team Page 40 of 549
CANADA GAMES
The next generation of Canadian leaders
Page 41 of 549
Page 42 of 549
Hall of Honour
The Canada Games Hall of Honour recognizes exceptional
Canada Games alumni and builders who have sparked
greatness by distinguishing themselves during the Games
and beyond, while also contributing to the growth of the
Canada Games Movement.Page 43 of 549
Nominees are eligible for induction in
one of three categories:
1.Athletes
1.Builders
1.Distinguished Alumni
Page 44 of 549
Athletes
The athlete category recognizes past Canada Games
athletes who have achieved significant success in
national and/or international competition. Nominees
must also have demonstrated support for the Canada
Games through promotional events, community
engagement or other meaningful activities.
Nominees must be inactive.Page 45 of 549
Builders…
The builder category recognizes past coaches,
managers, officials, administrators, volunteers, sponsors
or members of the media who have made outstanding
efforts and had an immeasurable impact for more than
10 years within the Canada Games Movement.
Nominees may be active or inactive.Page 46 of 549
Distinguished Alumni…
The distinguished alumni category recognizes any
individual who has participated in a previous Canada
Games (as an athlete or in another capacity) and has
since gone on to meaningful accomplishments in a field
other than sport. Nominees exemplify the highest levels
of ethical leadership in their profession and their
community.Page 47 of 549
Presentation Title Here | 16
Nation-wide
call for nominations…
Inductees for the Hall of Honour are officially
inducted into the Hall during a ceremony prior to
the start of each Canada Games.
The Hall of Honour was established at the 2007
Canada Winter Games in Whitehorse, Yukon.Page 48 of 549
Page 49 of 549
Distinguished Alumni
Hall of Honour Inductee
Michael Strange
Page 50 of 549
Thank You
Page 51 of 549
1
Heather Ruzylo
Subject:RE: [EXTERNAL]-GROW Community Food Literacy Centre video 2 minutes
From: outreach <outreach@growcflc.com>
Sent: Wednesday, July 6, 2022 10:59 AM
To: Heather Ruzylo <hruzylo@niagarafalls.ca>
Subject: [EXTERNAL]-GROW Community Food Literacy Centre video 2 minutes
Hi Heather,
. Below is the link to a two minute video about us, and I have attached the link for the walk in
September which will roll out next week to start our campaign.
Please let me know if you have any questions.
Click link to watch a two minute video about GROW
The Grand parade Walk
https://thegrandparade.org/search?q=niagara+falls
Why we walk:
the big picture obscures the stark snapshots underneath
Poverty among seniors is on the rise
More older people are trapped in precarious living situations, due to a lack of services
Many seniors also struggle as caregivers for family and friends
Social isolation is growing and contributes to skills loss, depression, anxiety, self-destructive
behaviours, and increased illness and hospital stays
Families are smaller and more dispersed than ever in history, reducing the informal supports
available
Because of them, and because of any aging person who needs some support to preserve a dignified,
decent and emotionally healthy life, there is The Grand Parade.
Page 52 of 549
2
We walk for our parents, dear aunt, favourite uncle, younger sister, and great-grandparents.
We walk to shine the light of appreciation on those who go before us. We walk to celebrate their
contribution, and to declare their place in our hearts.
We walk as people and organizations committed to serving when age begins to demand its due. In
a time obsessed with the now and the new, we treasure the experience, wisdom, and character of our
elders.
We walk together, past obligation and duty, through concern and then care, all the way to dignity
and respect. Proudly, and publicly, we proclaim our commitment and love.
Kind regards,
Jonna Wolfenberg – Community Engagement Manager, Niagara Region
GROW Community Food Literacy Centre, Niagara Region, ON
905-941-2806
www.growcflc.com
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the
sender and know the content is safe.
Page 53 of 549
DillonDouglas
Allister Young Endowment Recipient
date:
July 12th, 2022
DILLON DOUGLAS
Page 54 of 549
Allister
Young
Endowment
Recipient
Contents
Painting Material 03
Poetry Material 04
Design Material 05
Page 55 of 549
PAINTING MATERIAL
ALLISTER YOUNG ENDOWMENT
Page 56 of 549
POETRY MATERIAL
ALLISTER YOUNG ENDOWMENT
KINGPIN OF POPSICLES
The event impossible to swipe left on, a sticky juggernaut
That holds me in a headlock.
The event I pirouette on eternally, am prey to and impaled by
Like a painted carousel animal.
Everywhere I go looking for a golden exit. Gatsby shot
In the pool in the afternoon
Under the fat trees
Deflating.
I want to crawl into the crevice of his wound to reach the other side--
Pilgrimage through the fluorescent sewer of its magnificence
Like an ant crawling through a pore of a melting popsicle.
Everywhere I look for that absolute and gruesome portal
That will transport me back to that summer,
To that oneiric domain, to the popsicle disintegrating outside
of the convenience store.
To gnaw on each saccharine pixel that doubles as an atom bomb
Of endless devotion.
Levitating above the asphalt, I watch as the sky opens up like
A birthday card. Things bend there knees to deletion.
The heat of my mouth a haven and a shrine. Page 57 of 549
DESIGN MATERIAL
ALLISTER YOUNG ENDOWMENT
Page 58 of 549
R&C-2022-12
Report
Report to: Mayor and Council
Date: July 12, 2022
Title:
Allister Young Arts & Culture Endowment Fund 2022
Recipient
Recommendation(s)
That Council acknowledge Dillon Douglas as the 2022 Allister Young Arts & Culture
Endowment Fund recipient.
Executive Summary
The Allister Young Arts & Culture Endowment Fund is awarded annually to one Niagara
Falls resident in any creative arts field. The Culture Committee received several, very
worthy applications for the award. After careful review and consideration, Dillon Douglas
is recommended as the 2022 recipient.
Dillon Douglas is and has been an active member in the literary, music and visual art
community in Niagara Falls for almost 10 years. During his undergrad, he revitalized the
Brock orchestrating weekly hosting workshops, Writer's Creative University Club,
readings and publishing student anthologies. He wanted poetry to become something
living, existential and embodied. Like Frank O' Hara notes somewhere, he wanted poetry
to happen between people, not pages.
A recipient of SSHRC and OGS scholarships, Dillon has also hosted many philosophy
and race, surround issues complex tackle reading groups science political that
environmentalism and digital technology. During his time with Krank Media House, he
supported local musicians, offering free graphic design work, branding and marketing
consultation to help get their music to market. When he's not doing branding, marketing
and graphic design work, he also volunteers his time teaching high -school students how
to read Shakespeare and understand literary theory online. Currently, he's been painting
with a sublime fury. He has and plans to continue to develop the cultural ecology of
Niagara through hosting group art exhibitions, events and community programs.
Background
In 1997, Mr. Allister Young donated a 1932 Ford Roadster to the Arts & Culture
Commission (now the Culture Committee). The Commission raffled the car off and the
money raised was used to establish the Young Family Endowment Fund.
Page 1 of 8
Page 59 of 549
Several changes have been made to the endowment fund since it began in 1998 including
changing the name from the Young Family Endowment Fund to the Allister Young Arts &
Culture Endowment Fund.
The criterion for applications is as follows:
1. All individual applicants must be residents of the City of Niagara Falls;
2. Applicants may submit only one application to each deadline;
3. Members and relatives of the Culture Committee are not eligible to apply;
4. Recipients must be active artists in any creative arts field in the City of Niagara
Falls;
5. Recipients must have accumulated substantial volunteer hours in the arts or in
an arts organization in Niagara Falls;
6. Recipients must be graduating high school or older to receive this award.
Completed applications must include the following:
1. Applicants must submit a resume along with either a digital portfolio, video,
examples of written/performance work, or a website address;
2. Applicants must provide a written artist statement and statement of intention;
3. Applicants must submit a letter substantiating their volunteer hours with an arts
organization;
4. Applicants must agree to be available for promotion of the Allister Young Arts &
Culture Endowment Fund award.
Analysis
The Allister Young Arts & Culture Endowment Fund was established to provide an arts
awards program. The applicant that was selected meets all of the requirements to be
eligible for the award.
Financial Implications/Budget Impact
The annual expenditures made to the recipients for the Allister Young Arts & Culture
Endowment Award are funded in full from a Special Purpose Reserve established for this
purpose. The award includes a cheque for $1000.00 for each recipient to continue to
pursue their art.
Strategic/Departmental Alignment
The City of Niagara Falls is committed to building and promoting a vibrant, sustainable
city that supports an active, connected, and creative community. Through the Allister
Young Arts & Culture Endowment Fund, the Culture Committee is able to support a local
artist who has contributed to enriching the lives of Niagara Falls residents, our community,
and will allow them to continue their growth.
List of Attachments
Dillon Douglas Allister Young Endowment - council attachment
Page 2 of 8
Page 60 of 549
Written by:
Clark Bernat, Culture & Museums Manager
Submitted by: Status:
Kathy Moldenhauer, Director of Recreation & Culture Approved
- 04 Jul
2022
Jason Burgess, CAO Approved
- 05 Jul
2022
Page 3 of 8
Page 61 of 549
DillonDouglas
Allister Young Endowment Recipient
date:
July 12th, 2022
DILLON DOUGLASPage 4 of 8Page 62 of 549
Allister
Young
Endowment
Recipient
Contents
Painting Material 03
Poetry Material 04
Design Material 05
Page 5 of 8Page 63 of 549
PAINTING MATERIAL
ALLISTER YOUNG ENDOWMENT
Page 6 of 8Page 64 of 549
POETRY MATERIAL
ALLISTER YOUNG ENDOWMENT
KINGPIN OF POPSICLES
The event impossible to swipe left on, a sticky juggernaut
That holds me in a headlock.
The event I pirouette on eternally, am prey to and impaled by
Like a painted carousel animal.
Everywhere I go looking for a golden exit. Gatsby shot
In the pool in the afternoon
Under the fat trees
Deflating.
I want to crawl into the crevice of his wound to reach the other side--
Pilgrimage through the fluorescent sewer of its magnificence
Like an ant crawling through a pore of a melting popsicle.
Everywhere I look for that absolute and gruesome portal
That will transport me back to that summer,
To that oneiric domain, to the popsicle disintegrating outside
of the convenience store.
To gnaw on each saccharine pixel that doubles as an atom bomb
Of endless devotion.
Levitating above the asphalt, I watch as the sky opens up like
A birthday card. Things bend there knees to deletion.
The heat of my mouth a haven and a shrine. Page 7 of 8Page 65 of 549
DESIGN MATERIAL
ALLISTER YOUNG ENDOWMENT
Page 8 of 8Page 66 of 549
F-2022-35
Report
Report to: Mayor and Council
Date: July 12, 2022
Title: City of Niagara Falls Community Benefit Charges Strategy
Recommendation(s)
That Council receive and file report F-2022-35 and all attachments.
Executive Summary
The City of Niagara Falls currently leverages Section 37 of the Planning Act to collect
density bonusing funding from applications that exceed a site’s zoned height and density.
The COVID-19 Economic Recovery Act received Royal Assent on July 21, 2020 and
made changes to the Ontario Planning Act, 1990 (Planning Act), replacing the density
bonusing regime with a Community Benefit Charge (CBC) regime. The Act also stipulate s
that a CBC By-Law must be adopted by September 18, 2022, in order to be able to collect
any CBCs.
City Staff is working with Hemson Consulting to bring forward a CBC Strategy for review
and comment, and plan to formally bring forward the final CBC Stra tegy and By-Law to
Council in August. This ensures that the City has a CBC By -Law in force prior to the
September 18, 2022 deadline and will be able to collect CBCs on all eligible developments
as of the passing of the new By-Law.
Background
Density bonusing provisions under Section 37 of the Planning Act allow municipalities to
impose a charge against higher density development to pay for development -related
capital costs. Density bonusing enables the City to negotiate contributions towards
community benefits for development applications that exceed a site’s zoned height and
density. This funding tool allows municipalities to invest in community benefits such as
public art, parkland development, streetscape improvements or active transportation. The
City o streetscape on primarily funding 37 Falls their focused Niagara f Section
improvements.
Bill 108 More Homes, More Choices Act, 2019 brought forward the new Community
Benefit Charge regime in 2019. In 2020 the Province introduced an omnibus bill, the
COVID-19 Economic Recovery Act, 2020 (Bill 197) which amended some of the
provisions in Bill 108. Bill 197 received royal assent July 21, 2020.
Page 1 of 65
Page 67 of 549
Municipalities have until September 18, 2022 to transition to the new framework for CBCs.
This includes adoption of a CBC By-law to ensure the City takes full advantage of the
legislative tools available to fund growth related infrastructure.
CBCs are intended to work in conjunction with Development Charges and Parkland
Dedication fees to ensure that municipalities have the tools and resources they need to
build complete communities and support the ability to finance the infrastructure necessar y
to accommodate growth.
CBCs may be imposed only with respect to development or redevelopment that requires:
a. the passing of a zoning by-law or of an amendment to a zoning by-law under
section 34;
b. the approval of a minor variance under section 45;
c. a conveyance of land to which a by-law passed under subsection 50 (7) applies;
d. the approval of a plan of subdivision under section 51;
e. a consent under section 53;
f. the approval of a description under section 9 of the Condominium Act, 1998; or
g. the issuing of a permit under the Building Code Act, 1992 in relation to a building
or structure.
CBCs may be collected from developments that are a minimum of five storeys high and
have 10 or more residential units. The CBC is paid as a one-time fee by the property
developer or builder based on a maximum rate of 4% of land value evaluated on the day
before issuance of the building permit.
Ontario Regulation 509/20 provides for a number of exemptions from the payment of a
CBC, namely:
• long-term care & retirement homes;
• colleges, universities and post-secondary indigenous institutes;
• Royal Canadian Legion buildings or structures;
• hospices for end of life care; and
• non-profit housing
All money received under a CBC by-law must be paid into a special account and a
municipality must spend or allocate 60 per cent of the monies in the special account each
year.
The city is required to create a CBC Strategy to outline the capital program that is to be
funded by the CBCs collected. The CBC Strategy, like the Development Charges (DC)
Background Study, is required to be updated every five years. Staff plan to review and
update the CBC Strategy alongside the DC Background Study which will be updated in
2024, to ensure they are aligned and reflective of the forecasted needs arising from
development.
Page 2 of 65
Page 68 of 549
A working group of internal City Staff was established earlier this y ear to evaluate the
current regime and work towards implementing a CBC Strategy and By-Law to allow for
the collection of funds under Section 37 after the September transition date.
Hemson consulting has been retained to create a CBC Strategy for the City of Niagara
Falls. Hemson is presenting at a public meeting to allow the public, including the
development community, the opportunity to ask questions prior to the Strategy being
finalized. Attachment 1 contains a copy of Hemson’s presentation to introduce the CBC
Strategy for the City, Attachment 2 includes a copy of the CBC Strategy for consultation
and Attachment 3 includes the draft CBC By-Law.
Due to the Municipal Election this fall, staff is moving swiftly to ensure there are no
interruptions. Staff will be bringing forward the CBC By-Law to Council for approval in
August 2022 to ensure that the City has a CBC By-Law in force prior to the September
18, 2022 deadline. This ensures that the City will be able to collect CBCs on all eligible
developments as of the passing of the new By-Law.
Analysis
update to collaboratively been have working Hemson and Staff City Consulting
development forecasts and determine the types of capital works the CBCs should be used
to fund.
CBCs are a strategic funding tool, like Development Charges (DCs), to ensure that
“growth pays for growth”. In this instance it ensures that higher density developments
provide additional funding to improve the surrounding area, and take the pressure off of
taxpayers to fund the entire cost of related capital improvements resulting from denser
development.
Staff have determined the following categories for the CBC Capital Program:
• CBC By-Law Review and Strategy Updates
• Parking
• Urban Amenities
• Public Art, Heritage & Culture
• Active Transportation
The gross cost of the CBC capital program of projects eligible for partial or full funding
from CBCs is $55.4 million. Approximately $28.6 million of this gross cost is ineligible for
funding over the 2022-2031 period, having been removed from consideration as excess
capacity, costs that benefit existing residents of the City (Benefit to Existing), or costs to
be funded from other growth funding tools such as DCs. See Atta chment 2 for a more
detailed explanation and breakdown of the Capital Program.
Page 3 of 65
Page 69 of 549
Operational Implications and Risk Analysis
Staff do not anticipate any adverse operational implications resulting from the Community
Benefit Charges Strategy and associated work.
Financial Implications/Budget Impact
By adopting a CBC Strategy before September 18, 2022, it will ensure that any
development applications received on or after that date could be levied CBCs, if they
meet the criteria (5+ stories and 10+ residential units). If the by-law is not adopted prior
to the September 18, 2022 deadline, the City will be unable to collect any additional
funding under Section 37, which could put additional pressure on taxpayers to fund some
of the associated costs of denser developments.
As required by the legislation, a dedicated reserve fund will need to be established for the
CBC revenues. In each calendar year, the City will need to allocate or spend at least 60%
of the monies in the account as of the beginning of the year. Staff will prioritize CBC
project allocation and spending through the annual capital budget process.
With the Municipal Election taking place in October 2022, the next opportunity for the by-
law to be adopted, after August 2022, would be November 2022. This creates a risk that
the City could miss out on CBC revenue opportunities for applications received after
September 18, 2022 until a CBC By-Law is in force. This further emphasizes why staff is
recommending adoption of the CBC By-Law in August 2022.
Strategic/Departmental Alignment
This procurement initiative best aligns with the City’s Strategic Priority of “Responsible
and Transparent Financial Management.”
Contributor(s)
Kira Dolch (Director, Planning, Building and Development)
Nidhi Punyarthi (City Solicitor and Director of Legal Services)
List of Attachments
F-2022-35 - Attachment 1 - Presentation - 2022 Community Benefit Charge
F-2022-35 - Attachment 2 - Community Benefit Charge Strategy
F-2022-35 - Attachment 3 - Draft CBC By-Law
Written by:
James Dowling, Manager of Capital Accounting
Submitted by: Status:
Jon Leavens, Acting Director of Finance Approved
- 06 Jul
2022
Page 4 of 65
Page 70 of 549
Jason Burgess, CAO Approved
- 06 Jul
2022
Page 5 of 65
Page 71 of 549
2022 Community Benefits Charge
Public Meeting
CITY OF NIAGARA FALLS
Tuesday, July 12th, 2022 Source: www.cityofniagarafalls.ca
Attachment 1 - Presentation - 2022 Community Benefit Charge
F-2022-35
July 12, 2022
Page 6 of 65Page 72 of 549
Discussion Topics
What is a Community Benefits Charge?
Development Forecast
CBC Revenue Estimate
CBC Draft Capital Program Summary
Next Steps
1
Attachment 1 - Presentation - 2022 Community Benefit Charge
F-2022-35
July 12, 2022
Page 7 of 65Page 73 of 549
What is a Community Benefits Charge?
2
Regulation sets cap at 4%of land value the day before a building permit is issued
Source: Google Earth Pro, 2020
Land value should reflect zoning and density permissions
Imposed by by-law—no more agreements
Only local municipalities can charge
Can only be levied against higher density development
5 or more storeys, and
10 or more residential units
Requires a “strategy”
In-kind contributions permitted
Attachment 1 - Presentation - 2022 Community Benefit Charge
F-2022-35
July 12, 2022
Page 8 of 65Page 74 of 549
CBCs Can Fund Any “Growth-Related” Capital Cost
Services considered in Niagara Falls
CBC Bylaw Reviews & Strategy Updates
Parking (no longer eligible for development charge funding)
Urban Amenities (Streetscaping and Urban Parks)
Public Art, Heritage and Culture (within intensifications areas)
Active Transportation (bike lanes and trails)
Still requires “nexus tests” between servicing needs and development
3
Attachment 1 - Presentation - 2022 Community Benefit Charge
F-2022-35
July 12, 2022
Page 9 of 65Page 75 of 549
Implementing a CBC By-law
Must hold public consultation—no prescribed process
Right of appeal to OLT
Fund management
Establish CBC “special account” (reserve fund)
Spend or allocate at least 60% of special account funds each year
Annual reporting
Mandatory 5 year review
4
Attachment 1 - Presentation - 2022 Community Benefit Charge
F-2022-35
July 12, 2022
Page 10 of 65Page 76 of 549
CBC Strategy Process
5
Growth / Development ForecastAmount, type and location of development (5+ storeys and 10+ units)
Growth-Related Capital NeedsWhat will we need to build?
Capital Needs Eligible to be funded from CBCs
Legislated Reductions
Grants, other contributions,other
sources (DCs) & benefit to existing
Costs Eligible for CBC Recovery
Development5+ Storeys & 10+ units
Attachment 1 - Presentation - 2022 Community Benefit Charge
F-2022-35
July 12, 2022
Page 11 of 65Page 77 of 549
Forecast Occupied Apartment Units
6
Year Total OccupiedApartments CBC EligibleApartments
2022 125 100
2023 125 100
2024 125 100
2025 125 100
2026 125 100
2027 125 100
2028 125 100
2029 125 100
2030 125 100
2031 125 100
Total Growth (2022-2031)1,250 1,000
Total occupied apartment forecast in line with DC Forecast
Percentage of total occupied apartment units that are CBC eligible = 80%
Attachment 1 - Presentation - 2022 Community Benefit Charge
F-2022-35
July 12, 2022
Page 12 of 65Page 78 of 549
CBC Ten-Year Revenue Estimate: $1.6M -$2.0M
7
Scenario (Land Value)CBC Apartment Units (2022 –2031)
Land Value per Unit1
Average CBC per Unit (4% cap)
Total CBC Revenue (4%cap)
Low 1,000 $40,000 $1,600 $1,600,000
High 1,000 $50,000 $2,000 $2,000,000
1 Land Values based on 2019 land appraisals. Values have been indexed.
Attachment 1 - Presentation - 2022 Community Benefit Charge
F-2022-35
July 12, 2022
Page 13 of 65Page 79 of 549
Summary of Capital Program
8
Service Area Gross Cost Grants, Subsidies & Other Recoveries
Benefit to Existing ($)DevelopmentRelated Cost Potential DC Funded
Other Funding1
CBC Share($)
CBC By-Law Reviews & Strategy Updates $200,000 $0 $0 $200,000 $0 $0 $200,000
Parking $17,500,000 $0 $5,833,333 $11,666,667 $0 $5,833,333 $5,833,333
Urban Amenities*$17,130,000 $0 $0 $17,130,000 $0 $3,612,000 $13,518,000
Public Art, Heritage & Culture $600,000 $0 $0 $600,000 $0 $0 $600,000
Active Transportation $20,000,000 $0 $6,666,667 $13,333,333 $0 $6,666,667 $6,666,667
Total Cost $55,430,000 $0 $12,500,000 $42,930,000 $0 $16,112,000 $26,818,000
1 Note: Other funding related to development but not funded from Development Charges or Community Benefit Charges within the planning period..
Attachment 1 - Presentation - 2022 Community Benefit Charge
F-2022-35
July 12, 2022
Page 14 of 65Page 80 of 549
CBC By-Law Reviews & Strategy Updates Capital Program
9
Project Description Gross Cost Grants, Subsidies& Other Recoveries
Benefit to Existing ($)DevelopmentRelated Cost DC Funded Other Funding CBC Share ($)
Community Benefits StrategiesReview $100,000 $0 $0 $100,000 $0 $0 $100,000
Implementation of By-law & Appraisal Funding $100,000 $0 $0 $100,000 $0 $0 $100,000
Total CBC By-Law Reviews & Strategy Updates $200,000 $0 $0 $200,000 $0 $0 $200,000
Attachment 1 - Presentation - 2022 Community Benefit Charge
F-2022-35
July 12, 2022
Page 15 of 65Page 81 of 549
Parking Capital Program
10
Project Description Gross Cost Grants, Subsidies& Other Recoveries
Benefit to Existing ($)DevelopmentRelatedCost Potential DC Funded
Other Funding CBC Share ($)
Provision for Parking Supply Increase $15,000,000 $0 $5,000,000 $10,000,000 $0 $5,000,000 $5,000,000
Parking Equipment Infrastructure $1,000,000 $0 $333,333 $666,667 $0 $333,333 $333,333
EV Charging Stations $500,000 $0 $166,667 $333,333 $0 $166,667 $166,667
New On Street Parking Expansion $1,000,000 $0 $333,333 $666,667 $0 $333,333 $333,333
Total Parking $17,500,000 $0 $5,833,333 $11,666,667 $0 $5,833,333 $5,833,333
Attachment 1 - Presentation - 2022 Community Benefit Charge
F-2022-35
July 12, 2022
Page 16 of 65Page 82 of 549
Urban Amenities Capital Program
11
Project Description Gross Cost Grants, Subsidies& Other Recoveries
Benefit to Existing ($)DevelopmentRelatedCost Potential DC Funded
Other Funding CBC Share ($)
Streetscaping $16,630,000 $0 $0 $16,630,000 $0 $3,612,000 $13,018,000
Urban Parks & POPs $500,000 $0 $0 $500,000 $0 $0 $500,000
Total Urban Amenities $17,130,000 $0 $0 $17,130,000 $0 $3,612,000 $13,518,000
Attachment 1 - Presentation - 2022 Community Benefit Charge
F-2022-35
July 12, 2022
Page 17 of 65Page 83 of 549
Public Art, Heritage & Culture Capital Program
12
Project Description Gross Cost Grants, Subsidies& Other Recoveries
Benefit to Existing ($)DevelopmentRelatedCost Potential DC Funded
Other Funding CBC Share ($)
Public Art $200,000 $0 $0 $200,000 $0 $0 $200,000
Heritage $200,000 40 $0 $200,000 $0 $0 $200,000
Cultural Space $200,000 $0 $0 $200,000 $0 $0 $200,000
Total Public Art, Heritage & Culture $600,000 $0 $0 $600,000 $0 $0 $600,000
Attachment 1 - Presentation - 2022 Community Benefit Charge
F-2022-35
July 12, 2022
Page 18 of 65Page 84 of 549
Active Transportation Capital Program
13
Project Description Gross Cost Grants, Subsidies& Other Recoveries
Benefit to Existing ($)DevelopmentRelatedCost Potential DC Funded
Other Funding CBC Share ($)
Bike Lanes $10,000,000 $0 $3,333,333 $6,666,667 $0 $3,333,333 $3,333,333
Trails $10,000,000 $0 $3,333,333 $6,666,667 $0 $3,333,333 $3,333,333
Total Active Transportation $20,000,000 $0 $6,666,667 $13,333,333 $0 $6,666,667 $6,666,667
Attachment 1 - Presentation - 2022 Community Benefit Charge
F-2022-35
July 12, 2022
Page 19 of 65Page 85 of 549
Revenue Forecast vs Capital Costs (2022-2031)
14
Forecasted Revenue$1.6M –$2.0M
Forecasted Costs$26.8M
4% Legislated Cap
Attachment 1 - Presentation - 2022 Community Benefit Charge
F-2022-35
July 12, 2022
Page 20 of 65Page 86 of 549
Next Steps
Draft CBC Strategy and draft by-law was made available on July 5th
2022
CBC Strategy and Bylaw to be passed in August 2022
15
Attachment 1 - Presentation - 2022 Community Benefit Charge
F-2022-35
July 12, 2022
Page 21 of 65Page 87 of 549
Report for Public Consultation
Prepared by Hemson Consulting for the City of Niagara Falls
City of Niagara Falls
Community Benefits Charge Strategy
July 5 2022
1000 – 30 St. Patrick Street, Toronto, ON M5T 3A3
416 593 5090 | hemson@hemson.com | www.hemson.com
Attachment 2 - Community Benefit Charge Strategy
F-2022-35
July 12, 2022
Page 22 of 65
Page 88 of 549
Contents
Executive Summary 1
1. Introduction 4
A. Background 4
B. Legislative Context and Regulatory Requirements 5
2. Purpose of the 2022 Community Benefits Charge Strategy 7
A. Key Steps in Determining CBCs 7
B. Proposed Methodology and Approach 7
C. CBC Capital Program 8
D. A City-Wide Rate is Proposed 11
E. Implementation and Administration 11
3. Development Forecast 12
A. Proposed 10-Year Planning Horizon 12
B. The Growth Forecast is Consistent with the DC Study 12
C. Excluded Development 14
4. CBC Capital Program 16
A. Facilities, Services and Matters Considered 16
B. Capital Needs by Service 17
5. CBC Revenue Analysis and Rate Structure 36
A. CBC Capital Needs Exceed Projected CBC Revenue 36
B. Proposed CBC Rate Structure is a Percentage of Site
Land Value 36
Appendix 37
Attachment 2 - Community Benefit Charge Strategy
F-2022-35
July 12, 2022
Page 23 of 65
Page 89 of 549
Executive Summary | 1
Executive Summary
A. Purpose of 2022 CBC Strategy
i. What is a Community Benefits Charge?
A Community Benefits Charge (CBC) is a new funding tool authorized under the
Ontario Planning Act, 1990 (the Act) that allows municipalities to impose a charge
against higher density development to pay for development-related capital costs.
The CBC provisions replace former section 37 height and density bonusing
provisions in the Act, however, are subject to transition rules.
Municipalities can use CBCs to pay for “facilities, services, and other matters
attributable to the anticipated development and redevelopment to which the
community benefits charge by-law would relate.” As such, they can be used
together with development charges (DCs), parkland dedication, and other public
recreation amenity contributions by developers under section 42 of the Act. Provided
they are used to fund development-related costs that are not also funded by DCs
and section 42 contributions, the scope of CBCs is quite broad.
ii. Legislative Context
This City of Niagara Falls 2022 Community Benefits Charge Strategy (CBC Strategy)
is presented as part of the process to lead to the approval of a CBC By-law in
compliance with the Act. The Strategy is prepared in accordance with the Act and
associated Ontario Regulations 509/20 (O.Reg. 509/20), including the amendments
that came into force on September 18, 2020.
iii. CBCs Levied on Higher Density Development
A CBC can only be levied against mid to high-density development, limited by the
Act to buildings that are:
five or more storeys, and
contain 10 or more residential units.
Attachment 2 - Community Benefit Charge Strategy
F-2022-35
July 12, 2022
Page 24 of 65
Page 90 of 549
Executive Summary | 2
Note that a mixed-use development, a building that contains both residential and
non-residential uses, can be subject to a CBC if it meets the above criteria.
Ontario Regulation 509/20 provides for a number of exemptions from the payment
of a CBC, namely:
long-term care & retirement homes;
colleges, universities and post-secondary indigenous institutes;
Royal Canadian Legion buildings or structures;
hospices for end of life care; and
non-profit housing.
B. CBC Strategy
Subsection 37(32) of the Act prescribes that the maximum permitted CBC that can
be levied against any particular development is 4 per cent of land value evaluated on
the day before issuance of the building permit. Several key steps must be
undertaken in order to levy CBCs including the preparation of a CBC Strategy prior
to passing a CBC by-law. Through the Strategy, the City must:
prepare a development (growth) forecast;
determine the increased infrastructure need arising from development;
estimate the capital costs of providing the necessary infrastructure;
determine the share of these costs attributed to CBC development, by
identifying and deducting:
excess capacity;
benefit to existing development; and
grants, subsidies or other contributions.
Attachment 2 - Community Benefit Charge Strategy
F-2022-35
July 12, 2022
Page 25 of 65
Page 91 of 549
Executive Summary | 3
C. Development Forecast
As set out in the 2019 Development Charges Study, Niagara Falls is anticipated to
grow by 1,000 occupied dwellings in buildings that may be subject to a CBC over the
ten-year planning period from 2022 to 2031. As set out in Section 3 of O.Reg. 509/20
the maximum permissible CBC is capped at 4 per cent of land value of the
development sites in question. At the 4 per cent cap, a high level estimate of the
CBC revenue potential associated with these units ranges from $1.6 million to $2.0
million over the ten-year forecast horizon. Additional details regarding the estimated
appraised land values per unit and estimated CBC revenues over the planning
period are provided in Section 5.
D. CBC Capital Needs Exceed Revenue Forecast
The estimated CBC eligible costs of the development-related capital program total
$26.8 million (see Section 4). Evidently, the CBC eligible costs exceed the
anticipated 10-year revenue potential ($1.6 million - $2.0 million) under the
legislated 4 per cent cap.
E. Application of CBCs
It is recommended that the City implement CBCs as a per cent of land value. As per
the legislation, the value of the land to which the charge applies is determined on
the day before the issuance of a building permit, or the first building permit if the
development requires multiple permits. It is proposed to implement the charges on a
City-wide basis on all eligible development, excluding those made exempt from
CBCs under subsection 37 (4) (e) of the Act and section 1 of O. Reg. 509/20.
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1. Introduction
This City of Niagara Falls Community Benefits Charge (CBC) Strategy is presented
as part of a process to lead to the approval of a new CBC by-law in compliance with
the Planning Act, 1990 (the Act).
A. Background
This City of Niagara Falls Community Benefits Charge (CBC) Strategy is presented
as part of a process to lead to the approval of a new community benefits charge by-
law in compliance with the Planning Act, 1990 (the Act).
Subsection 37(9) of the Act and section 2 of O. Reg. 509/20 require that a
community benefits charge strategy shall:
(a) include estimates of the anticipated amount, type and location of
development and redevelopment with respect to which community
benefits charges will be imposed;
(b) include estimates of the increase in the need for facilities, services and
matters attributable to the anticipated development and redevelopment to
which the community benefits charge by-law would relate;
(c) identify the excess capacity that exists in relation to the facilities, services
and matters referred to in clause (b);
(d) include estimates of the extent to which an increase in a facility, service or
matter referred to in clause (b) would benefit existing development;
(e) include estimates of the capital costs necessary to provide the facilities,
services and matters referred to in clause (b); and
(f) Identify any capital grants, subsidies and other contributions made to the
municipality or that the council of the municipality anticipates will be
made in respect of the capital costs referred to in clause (e).
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Introduction | 5
This Strategy presents the estimated CBC development-related net capital costs
attributable to CBC eligible development that is forecast to occur in the City. The
apportionment of the net capital costs among various development-related funding
sources, including development charges, parkland dedication and others, is
provided.
The Act requires that municipalities consult with the public when implementing a
CBC by-law. Accordingly, the City will make this CBC Strategy and a draft CBC By-
law available for public comment prior to Council’s consideration and passage of the
by-law. A public meeting of Council is proposed to be held on July 12th, 2022
following public release of the CBC Strategy. The release of the material and the
public meeting will provide the public an opportunity to understand the City’s CBC
Strategy and proposed by-law and provide the City with written comments and
questions. The City will consider all written submissions in advance of finalizing the
CBC Strategy and by-law. Following completion of this consultation process, it is
proposed that Council review the Strategy and the comments received during the
consultation process, before adopting the new CBC By-law in August 2022.
It is also noted that the City intends to review the CBC Strategy concurrent with the
City’s next Development Charges (DC) Study, which will be likely be initiated in 2023
prior to the DC By-law expiry in July, 2024.
The remainder of the Strategy sets out the information and analysis upon which the
proposed CBC is based.
B. Legislative Context and Regulatory Requirements
The CBC section of the Act has replaced what was previously referred to as section
37 “Increased Density” or “Density Bonusing”. The change was finalized through the
COVID-19 Economic Recovery Act, 2020, which built on the More Homes, More
Choice Act, 2019 and Plan to Build Ontario Together Act, 2019. The new section 37
authorizes municipalities to impose CBCs against land to pay for the capital costs of
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Introduction | 6
facilities, services and matters required because of development or redevelopment
in the municipality.
The new section 37 sets out the relationship between CBCs and other development-
related funding tools, including development charges (DCs) levied under the
Development Charges Act, 1997.
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2. Purpose of the 2022 Community Benefits Charge Strategy
This section describes the methodology for determining the CBC rate for the City
and provides details on the capital works and service categories used to establish
CBC eligible costs.
A. Key Steps in Determining CBCs
As shown in Figure 1, the Act requires the CBC Strategy to include various
components in order to validate the resulting charge. In the case of the City of
Niagara Falls, it is proposed that the charge be levied on the basis of a percentage
of land value, with no individual CBC exceeding the legislated maximum of 4 per
cent of land value.
Figure 1 Key Steps in Determining CBCs
B. Proposed Methodology and Approach
The CBC legislation does not specify the method by which a CBC is levied. Various
options could be applied by a municipality, such as charges based on a per cent of
land value, a per-unit charge, or a charge based on gross floor area of development.
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Most municipalities that are implementing a CBC have imposed a CBC charge on all
development and redevelopment in the municipality based on 4 per cent of land
value at the time of first building permit issuance.
The CBC capital program, summarized in the section below and in Section 4 was
developed with City staff and relies on previous work completed for the City’s
capital budget and forecast, the 2019 DC Background Study, various master
servicing plans, the City Official Plan, the previous use of section 37 “density
bonusing” contributions, and other planning documents.
As required by the legislation, all CBC revenues will be paid into a single reserve
fund (or special account). In each calendar year, the City must allocate or spend at
least 60 per cent of the monies in the special account at the beginning of the year.
Staff will prioritize CBC project allocation and spending through the annual capital
budget process.
The CBC Strategy serves to substantiate levying a 4 per cent CBC and to satisfy the
legislative and regulatory requirements, and is a point-in-time analysis of eligible
capital programs and projects to which the City may allocate CBC monies. From a
legislative perspective, the CBC Strategy does not represent any expression of
Council policy, prioritization, or other formal expression of intent to fund or allocate
any funds specific services, facilities, or projects set out in the CBC capital program.
C. CBC Capital Program
The gross cost of the CBC capital program of projects eligible for partial or full
funding from CBCs is $55.4 million. Approximately $28.6 million of this gross capital
cost is ineligible for CBC funding over the 2022 – 2031 period, having been removed
from consideration as excess capacity, costs that benefit existing residents of the
City (BTE shares), or costs to be funded from other growth funding tools such as
development charges.
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Purpose of the 2022 Community Benefits Charge Strategy | 9
No grants or subsidies have been identified to cover the gross cost of the program.
Replacement or benefit to existing shares removed from the eligible recovery costs
total $12.5 million. Of the remaining $42.9 million:
• $26.8 million is considered to benefit development in buildings of five or
more storeys and containing 10 or more residential units, and as such, is
eligible for CBC funding;
• $16.1 million, relating to parking, urban amenities, and active transportation,
is development-related but not to CBC development occurring during the
2022-2031 period. Funding for these costs will need to be considered in
future DC Studies and CBC Strategies, subject to legislative constraints, or
secured through other sources.
The capital program is based on service levels planned for and provided by the City.
These service levels are not exclusively tied to a time horizon. The capital facilities
set out herein are a snapshot of what the City currently needs to fund in order to
maintain those service levels during the ten-year planning period. As projects are
completed, the City will continue with additional capital projects to provide similar
service levels; as such, the capital facilities listed will continue to evolve.
The CBC capital program is summarized in Table 1 below.
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Service Gross Cost
Grants,
Subsidies &
Other
Recoveries Net Cost BTE ($)
Total
Development
Related Cost
Potential DC
Funded
Remaining
Development
Related CBC Share ($)
Other
Funding*
CBC By-Law Reviews & Strategy Updates 200$ -$ 200$ -$ 200$ -$ 200$ 200$ -$
Parking 17,500$ -$ 17,500$5,833$ 11,667$ -$ 11,667$5,833$ 5,833$
Urban Amenities 17,130$ -$ 16,630$-$ 17,130$-$ 17,130$13,518$ 3,612$
Public Art, Heritage & Culture 600$ -$ 600$-$ 600$-$ 600$600$ -$
Active Transportation 20,000$ -$ 20,000$6,667$ 13,333$ -$ 13,333$6,667$ 6,667$
Total Cost $55,430 $0 $54,930 $12,500 $42,930 $0 $42,930 $26,818 $16,112
* Note: Other funding related to development but not funded from Development Charges or Community Benefit Charges within the planning period.
TABLE 1
CITY OF NIAGARA FALLS
SUMMARY OF CBC CAPITAL PROGRAM ($000)
Purpose of the 2022 Community Benefits Charge Strategy | 10
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D. A City-Wide Rate is Proposed
Consideration was given as to whether or not CBCs should be implemented on a
City-wide or area-specific basis. However, unlike DC by-laws, the Planning Act
states that municipalities may only impose one CBC by-law. Although, there is
nothing in the Act that prohibits the City from imposing area-specific CBCs within a
single by-law, the legislation appears to promote a municipal-wide approach as the
land value cap results in a form of area rating. Moreover, a single, uniform City-wide
charge is most suitable in Niagara Falls as most services included in the CBC capital
program are planned for on a City-wide basis.
E. Implementation and Administration
The implementation and administration of the CBC will be determined by the CBC
by-law, prevailing legislation and the CBC policies and practices to be established
by Council.
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Development Forecast | 12
3. Development Forecast
This section describes the basis for and results of the development forecast used to
determine the potential CBC revenues. The development forecast is based on
technical background work prepared in the City’s 2019 Development Charges Study.
The forecasts in this section set out the amount, type and location of development
to which the CBC applies, in line with the requirements of O.Reg. 509/20 s.2(a).
A. Proposed 10-Year Planning Horizon
The timeframe for the CBC development forecast and CBC capital program in this
Strategy is 2022 – 2031 and is consistent with the City’s 10-year capital
development forecast.
B. The Growth Forecast is Consistent with the DC Study
The forecast for the CBC Strategy is based on the forecast used in the City’s 2019
DC Background Study (DC Study), which is derived from Census Canada and CMHC
data.
Based on the City’s current development pipeline data, approximately 80 per cent of
apartment units over the 2022 to 2031 period are anticipated to meet the CBC
criteria; that is, be five or more storeys and contain 10 or more residential units. As
shown in Table 2, the total forecast of units in the City over the 2022 – 2031 period
totals 6,000.
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Table 2. Forecast of Occupied Dwellings 2022 – 2031
Table 3 shows that approximately 80 per cent of all future apartment units are
forecast to be eligible for the CBC. This assumption was developed with the City’s
planning staff and is based on historical data. Single detached, semi-detached, and
rowhouse unit types are not anticipated to meet the criteria for the CBC.
Table 3. Forecast of CBC-Eligible Units 2022-2031
Year Single/Semi Row Apartment Total
2022 360 105 125 590
2023 360 105 125 590
2024 360 105 125 590
2025 360 105 125 590
2026 360 105 125 590
2027 380 105 125 610
2028 380 105 125 610
2029 380 105 125 610
2030 380 105 125 610
2031 380 105 125 610
Total 2022-2031 3,700 1,050 1,250 6,000
Year Single/Semi Row Apartment Total
2022 0 0 100 100
2023 0 0 100 100
2024 0 0 100 100
2025 0 0 100 100
2026 0 0 100 100
2027 0 0 100 100
2028 0 0 100 100
2029 0 0 100 100
2030 0 0 100 100
2031 0 0 100 100
Total 2022-2031 0 0 1,000 1,000
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Development Forecast | 14
CBCs will apply to mixed-use buildings that meet the eligibility criteria, and could
therefore apply to some non-residential uses. These mixed-use (residential and
non-residential) buildings have been included in the above development forecasts
and all uses in the buildings (excepting development exempt from CBCs) will be
included in the land valuation for a site when determining the CBC.
Table 4 sets out the calculation of persons in new units subject to CBCs as a
percentage of persons in all new units. The calculation is based on the average
occupancy or “persons per unit” (PPU) assumptions used in the City’s 2019 DC
Background Study. The average PPUs for all units are: 3.27 for singles/semis, 2.05
for rowhouses, and 1.55 for apartments. The population in CBC-eligible units as a
percentage of the population in all new units is 10 per cent.
Table 4. Population in New Units 2022 – 2031
C. Excluded Development
O.Reg. 509/20 excludes the following types of development from payment of CBCs:
1. Development or redevelopment of a building or structure intended for use as
a long-term care home within the meaning of subsection 2 (1) of the Long-
Term Care Homes Act, 2007.
2. Development or redevelopment of a building or structure intended for use as
a retirement home within the meaning of subsection 2 (1) of the Retirement
Homes Act, 2010.
Single/Semi Row Apartment Total
Units Subject to CBC 0 0 1,000 1,000
All Units 3,700 1,050 1,250 6,000
PPU Assumptions 3.27 2.05 1.55
Persons in Units Subject to CBCs 0 0 1,554 1,554
Persons in All Units 12,092 2,153 1,942 16,187
% of Persons in Units Subject to CBCs 10%
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Development Forecast | 15
3. Development or redevelopment of a building or structure intended for use by
any of the following post-secondary institutions for the objects of the
institution:
i. a university in Ontario that receives direct, regular and ongoing
operating funding from the Government of Ontario,
ii. a college or university federated or affiliated with a university
described in subparagraph i,
iii. an Indigenous Institute prescribed for the purposes of section 6 of the
Indigenous Institutes Act, 2017.
4. Development or redevelopment of a building or structure intended for use as
a memorial home, clubhouse or athletic grounds by an Ontario branch of the
Royal Canadian Legion.
5. Development or redevelopment of a building or structure intended for use as
a hospice to provide end of life care.
6. Development or redevelopment of a building or structure intended for use as
residential premises by any of the following entities:
i. a corporation to which the Not-for-Profit Corporations Act, 2010
applies that is in good standing under that Act and whose primary
object is to provide housing,
ii. a corporation without share capital to which the Canada Not-for-profit
Corporations Act applies, that is in good standing under that Act and
whose primary object is to provide housing,
iii. a non-profit housing co-operative that is in good standing under the
Co-operative Corporations Act. O. Reg. 509/20, s. 1, 8.
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CBC Capital Program | 16
4. CBC Capital Program
Before passing a CBC by-law, the Act requires that municipalities prepare a CBC
Strategy that identifies the facilities, services and matters that will be funded with
CBCs. The Act does not prescribe the specific facilities, services or matters on
which CBC funding may be spent.
A. Facilities, Services and Matters Considered
The following facilities, services and matters have been identified in the Strategy as
being required, in whole or in part, to meet the increased need for service arising
from the CBC-eligible development forecast in Section 3:
CBC By-Law Reviews & Strategy Updates;
Parking;
Urban Amenities;
Public Art, Heritage and Culture; and
Active Transportation.
For each service, the City anticipates development-related costs to arise, fully or
partially driven by mid to high-density residential and mixed-use development, to
which CBCs will apply. The identified CBC-eligible project costs for these services
are beyond the costs anticipated to be funded through other growth funding tools,
including development charges and parkland dedication.
It is noted that the CBC capital program is a point-in-time analysis of the needs
anticipated over the 2022-2031 planning period. It is recognized that these needs
may change over time through the City’s annual budgeting processes. While certain
projects, and types of projects, are listed within the CBC capital program, the
identified capital project listings within each service do not preclude the City from
assigning CBC funds to another facility or project under that service.
1. The description of each service below covers the following matters:
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CBC Capital Program | 17
Service Description;
Service Delivery and Service Levels Consideration;
Estimate of Need;
Consideration of Excess Capacity;
Capital Costs;
Identification of any Anticipated Capital Grants, Subsidies or Other
Contributions;
Consideration of Benefit to Existing;
Relation to funding from DCs (if applicable); and
Share of Net Capital Costs related to CBC Eligible Developments.
B. Capital Needs by Service
This section provides the detailed analysis undertaken to establish the
development-related capital costs eligible for CBC funding for each service.
i. CBC By-Law Reviews and Strategy Updates
a) Service Description
The cost of the CBC Strategy is eligible for CBC funding under the Act and included
in this service is a provision to review the CBC by-law every five years and
undertake public consultation as appropriate and pursuant to the More Homes for
Everyone Act, 2022. Costs related to the review include updating the CBC Strategy
and administering the CBC By-law, including resolving disputes and delivering the
CBC capital program.
b) Service Delivery and Service Levels Consideration
Inclusion of the CBC Strategy and implementation and administration of the CBC
By-law does not increase the level of service provided to existing residents as this
work largely replaces staff time previously spent on administering existing Section
37 density bonusing agreements and, services such as Parking, that are now
ineligible for DC funding.
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CBC Capital Program | 18
c) Estimate of Need
Included in the cost provision are regular updates to the CBC Strategy as well as the
cost of dispute resolutions, legal costs, and other costs related to implementing and
administering the Strategy and By-law. While the capital program represents a
point-in-time analysis of the anticipated CBC-eligible project costs over the 2022-
2031 period, similar needs are anticipated to continue beyond the ten-year planning
horizon.
d) Consideration of Excess Capacity
No excess capacity exists for this service.
e) Capital Cost
The gross cost included in the capital program totals $200,000 over the ten-year
planning period.
f) Identification of any Anticipated Capital Grants, Subsidies or Other Contributions
No grants, subsidies or other contributions have been identified for this service.
g) Consideration of Benefit to Existing
No benefit to existing has been identified as these costs relate entirely to new
development that is subject to the CBC.
h) Relation to funding from DCs (if applicable)
No DC funding is available for this service.
i) Share of Net Capital Costs related to CBC Eligible Developments
The entire $200,000 cost is related to development subject to CBCs.
j) Other Funding
No other funding is applicable for this service.
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Project Description Timing Gross Cost
Grants,
Subsidies &
Other
Recoveries
Net Cost BTE (%)BTE ($)
Total
Development
Related Cost
Potential DC
Funded
CBC Share
(%)
CBC Share
($)
Other
Funding*
1.0 CBC BY-LAW REVIEWS & STRATEGY UPDATES
1.1 Community Benefits Strategies Review Various $100,000 $0 $100,000 0%$0 $100,000 $0 100%$100,000 $0
1.2 Implementation of By-law and Appraisal Funding Various $100,000 $0 $100,000 0%$0 $100,000 $0 100%$100,000 $0
TOTAL CBC BY-LAW REVIEWS & STRATEGY UPDATES $200,000 $0 $200,000 $0 $200,000 $0 $200,000 $0
TABLE 5
CITY OF NIAGARA FALLS
2022 COMMUNITY BENEFITS CHARGE STRATEGY
10 YEAR DEVELOPMENT-RELATED CAPITAL PROGRAM
CBC Capital Program | 19
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ii. Parking
a) Service Description
The City of Niagara Falls Parking Services is responsible for planning, managing,
rehabilitating and maintaining the City’s parking to meet the needs of the
community.
b) Service Delivery and Service Levels Consideration
Niagara Falls is a vibrant city that continues to grow, though increasingly through
redevelopment and intensification. There is a need identify and plan for how best to
utilize existing parking facilities and expand the capacity of the service to
accommodate increased needs. Although some municipalities traditionally funded
parking services through DC By-laws, Niagara Falls funded parking services from its
own source revenue. The parking service has recently been made ineligible for DC
funding, with CBCs becoming a new funding tool that can be leveraged for parking-
related investments in developing areas.
c) Estimate of Need
The need for additional parking facilities driven by CBC-eligible development
considers:
Provision to expand parking supply to maintain service levels in the face of a
growing city. The provision equates to approximately 250 new spaces for a
parking structure on land already owned by the City. This need is driven by
residential and non-residential development across the entire City;
An annual provision for parking equipment infrastructure, including new Pay and
Display machines and LPR hardware (license plate recognition). This need is
driven by residential and non-residential development across the entire City;
An annual provision for new EV Charging Stations, which will support both on
and off street opportunities. This need is driven by residential and non-
residential development across the entire City; and
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CBC Capital Program | 21
An annual provision to expand on street parking through road construction to
maintain service levels in the face of a growing city. This includes curbing,
markings, drainage, and signs. This need is driven by residential and non-
residential development across the entire City.
While the Parking CBC capital program represents a point-in-time analysis of the
anticipated CBC-eligible project costs over the 2022-2031 period, similar service
levels are anticipated to be provided by the City beyond the ten-year planning
horizon.
d) Consideration of Excess Capacity
Available excess capacity is considered as part of the City’s budgeting and capital
development planning processes. The costs included in the CBC Strategy relate to
are those anticipated to be incurred over the next ten years, as noted below one-
third of the costs, $5.8 million, is considered development-related but not related to
CBC development over the period 2022-2031, these costs relate to other
development which might include development occurring beyond 2031 and as such
a share can be consider “excess capacity” at 2031.
e) Capital Cost
The gross capital cost associated with the Parking CBC program is $17.5 million.
The capital costs include $15.0 million for a parking supply increase of 250 spaces
throughout the planning period, $1.0 million for parking equipment infrastructure
(calculated at $100,000 per year for the 10-year planning period), $500,000 for EV
charging stations ($50,000 per year for the 10-year planning period), and $1.0
million for new on street parking expansion ($100,000 per year for the 10-year
planning period).
f) Identification of any anticipated capital grants, subsidies or other contributions
No grants, subsidies or other contributions have been identified for this service.
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CBC Capital Program | 22
g) Consideration of Benefit to Existing
A benefit to existing share of one-third, $5.8 million, has been identified to account
for the need for all provisions to consider parking utilization by existing residents of
the City. The capital costs included in the CBC Strategy for parking are driven by the
incremental servicing needs arising from higher density development, primarily
buildings that are subject to a CBC. High density development is subject to lower
parking standards, which are reduced further for some developments, to reflect
lower car ownership by residents in high density developments. However, there is a
resulting need for enhanced public parking to accommodate guests and visitors
(including those providing servicing to residents and the building) to these
development. It is recognized this infrastructure will provide benefit to existing
residents and other future development, as such the CBC strategy provides for a
one-third allocation (33 per cent) of the capital costs to benefit to existing and a
further one-third (33 per cent) to other development (non-CBC buildings and
possible post-period benefit). The remaining one-third share (33 per cent) is
considered to benefit CBC development within the ten-year planning period of 2022-
2031. This share has been removed from the calculation of CBC-eligible costs.
h) Relation to funding from DCs (if applicable)
The projects included in the parking capital program are ineligible for DC funding.
i) Share of Net Capital Costs related to CBC Eligible Developments
The development-related cost of $11.7 million will benefit all development across
the City, including CBC eligible development. The total CBC eligible cost is $5.8
million or 33 per cent of the total cost related to parking.
j) Other Funding
A share of $5.8 million represents other funding related to development, but not
funded from Development Charges or Community Benefit Charges within the
planning period.
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Project Description Timing Gross Cost
Grants,
Subsidies &
Other
Recoveries
Net Cost BTE (%)BTE ($)
Total
Development
Related Cost
Potential DC
Funded
CBC Share
(%)
CBC Share
($)
Other
Funding*
TABLE 6
CITY OF NIAGARA FALLS
2022 COMMUNITY BENEFITS CHARGE STRATEGY
10 YEAR DEVELOPMENT-RELATED CAPITAL PROGRAM
2.0 PARKING
2.1 Provision for Parking Supply Increase Various $15,000,000 $0 $15,000,000 33%$5,000,000 $10,000,000 $0 33%$5,000,000 $5,000,000
2.2 Parking Equipment Infrastructure 2022-2031 $1,000,000 $0 $1,000,000 33%$333,333 $666,667 $0 33%$333,333 $333,333
2.3 EV Charging Stations 2022-2031 $500,000 $0 $500,000 33%$166,667 $333,333 $0 33%$166,667 $166,667
2.4 New On Street Parking Expansion 2022-2031 $1,000,000 $0 $1,000,000 33%$333,333 $666,667 $0 33%$333,333 $333,333
TOTAL PARKING $17,500,000 $0 $17,500,000 $5,833,333 $11,666,667 $0 $5,833,333 $5,833,333
CBC Capital Program | 23
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CBC Capital Program | 24
iii. Urban Amenities
a) Service Description
The Urban Amenities service covers a number of enhancements including
Streetscaping, urban parks, and related public realm improvements. The costs
included in the CBC strategy are those that directly related to improving and
preparing for development in high density areas, the City undertakes similar
improvements in other parts of the municipality and those costs are not included
herein
b) Service Delivery and Service Levels Consideration
As the City continues to grow, particularly through redevelopment and
intensification, there is a growing need to invest in urban amenities. The City
investments included in this service are required specifically in high density areas
only, where significant intensification and redevelopment is planned for. The City
has historically funded this type of development-related project through the
previous Section 37 density bonusing agreements.
Under section 42 of the Planning Act, the City can secure land, or cash in lieu of
land, for public parks. However, providing urban parks in areas that are intensifying
is a challenge as appropriate sites are in short supply and land is generally much
more expensive than in “greenfield” areas. Current section 42 contributions are
lower than what is required to achieve the City’s parkland provision targets. CBC
funding can be used to support the City’s efforts in this respect.
The acquisition of parkland is ineligible for DC funding.
For greater clarity, the capital costs included are not to be funded through direct
developer contributions as a local service.
c) Estimate of Need
The need for the streetscaping projects are based on per metre costing provisions
provided by City staff:
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CBC Capital Program | 25
Extended Sidewalks: $600 per m
Decorative Streetlights: $800 per m
Street Furniture: $200 per m
Street Trees: $400 per m
Total: $2,000 per m
This includes streetscaping improvements to over 6,500 metres of roads included in
the 10-year program.
A conservative estimate of the cost to acquire urban parks in high density
neighbourhoods over the planning period is included ($500,000). The need for urban
parks projects are based on an annual provision of $50,000 per year. The
incremental need for urban parks, and the cost of acquiring the land, will be
monitored by the City and adjustments will be made during subsequent CBC
Strategy reviews and updates.
While the Urban Amenities CBC capital program represents a point-in-time analysis
of the anticipated CBC-eligible project costs over the 2022-2031 period, a
continuation of similar service levels are anticipated to be provided beyond the ten-
year planning horizon.
d) Consideration of Excess Capacity
As discussed below, of the $17.1 million in identified expenditures $3.6 million
related to development and needs beyond 2031 and is considered excess capacity
and will be considered in future CBC strategies.
e) Capital Cost
The gross capital cost associated with the Urban Amenities program is $17.1 million.
f) Identification of any anticipated capital grants, subsidies or other contributions
No grants, subsidies or other contributions have been identified for the program.
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CBC Capital Program | 26
g) Consideration of Benefit to Existing
The benefits of the program are considered to be entirely development-related as
the need for the works is driven by development and redevelopment in high density
parts of the city.
h) Relation to funding from DCs (if applicable)
No DC funding has been recognized for this service.
i) Share of Net Capital Costs related to CBC Eligible Developments
Given the projects in the CBC capital program are located based on proximity to new
high density development the entire program of $17.1 million is considered to be
eligible for CBC funding.
j) Other Funding
A share of $3.6 million represents development-related costs attributed to
development beyond the 2031 planning period; as such, this share has been
removed from the 2022 – 2031 CBC eligible costs. The total CBC eligible costs over
the 10-year planning period is $13.5 million.
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Project Description Timing Gross Cost
Grants,
Subsidies &
Other
Recoveries
Net Cost BTE (%)BTE ($)
Total
Development
Related Cost
Potential DC
Funded
CBC Share
(%)
CBC Share
($)
Other
Funding*
TABLE 7
CITY OF NIAGARA FALLS
2022 COMMUNITY BENEFITS CHARGE STRATEGY
10 YEAR DEVELOPMENT-RELATED CAPITAL PROGRAM
3.0 URBAN AMENITIES
3.1 Streetscaping Various $16,630,000 $0 $16,630,000 0%$0 $16,630,000 $0 78%$13,018,000 $3,612,000
3.2 Urban Parks and POPs Various $500,000 $0 $500,000 0%$0 $500,000 $0 100%$500,000 $0
TOTAL URBAN AMENITIES $17,130,000 $0 $17,130,000 $0 $17,130,000 $0 $13,518,000 $3,612,000
CBC Capital Program | 27
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CBC Capital Program | 28
iv. Public Art, Heritage and Culture
a) Service Description
Public Art, Heritage and Culture are valuable assets that enhance the quality of life
for citizens, strengthens community pride, improves the aesthetic of the public
realm, and contributes to the City’s material culture, social well-being, and
economic vitality.
The City’s Culture Plan identifies public art, heritage and culture as playing a vital
role in creating suitable public buildings and spaces. The Public Art Master Plan
identifies the need for downtown and significant areas of the city to have additional
public art, heritage and culture. Moreover, the provisions outlined supports the
following Council policies and plans: Culture Plan, Official Plan, and Public Art
Policy.
b) Service Delivery and Service Levels Consideration
Public art, heritage and culture are not currently funded through the DC By-law. The
inclusion of these services in the CBC By-law will provide the City with an
opportunity to invest more broadly in public art, heritage and culture in priority
neighbourhoods where population growth and density are anticipated to increase
significantly. Most public art installations to date have been funded by including
them in the scope of larger construction projects.
It is noted that the Public Art, Heritage and Culture CBC capital program does not
represent the City’s entire ten-year development-related capital program for this
service. Only projects with development-related shares beyond the estimated
funding capacity of other growth funding tools (e.g. parkland dedication) are
included.
c) Estimate of Need
The City will experience a growing demand for public art, heritage and culture,
particularly in areas that are intensifying and redeveloping. The Culture Plan and
City staff have identified the high priority locations for public art, heritage and
culture investments based on population growth and density.
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CBC Capital Program | 29
Provisions for future investment in priority, high density locations are included:
$200,000 investment in Public Art ($100,000 every 5 years);
$200,000 investment in Heritage ($100,000 every 5 years); and
$200,000 investment in Cultural Spaces ($100,000 every 5 years).
The cost of these provisions represents a high level estimate, and recognizes that
these capital needs cannot always be planned in advance through the City’s normal
budgeting processes.
The Public Art, Heritage and Culture CBC capital program is a point-in-time
estimate of the planning period CBC-eligible project needs. However, similar service
levels are anticipated to continue to be provided beyond the ten-year planning
horizon.
The costs brought forward for possible CBC funding are net of any potential future
parkland dedication (s. 42) contributions, and other contributions.
d) Consideration of Excess Capacity
Available excess capacity is considered as part of the City’s budgeting and planning
processes. The costs included in the CBC Strategy relate to incremental needs
arising from development over the ten-year planning horizon and are net of any
excess capacity.
e) Capital Cost
The gross capital cost associated with the Public Art, Heritage and Culture CBC
capital program is $600,000.
f) Identification of any anticipated capital grants, subsidies or other contributions
The gross project costs are 100 per cent City costs; no grants, subsidies, or other
contributions are anticipated to offset the costs.
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CBC Capital Program | 30
g) Consideration of Benefit to Existing
No benefit to existing has been identified as these projects provide new or
expanded facilities, and as such the costs relate entirely to future development
within the planning horizon.
h) Relation to funding from DCs (if applicable)
Public art, heritage and culture are ineligible for DC funding.
i) Share of Net Capital Costs related to CBC Eligible Developments
Given the projects in the CBC capital program are located in priority locations based
on proximity to new high density development the entire program of $600,000 is
considered to be eligible for CBC funding.
j) Other Funding
No other funding has been identified for this service.
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Project Description Timing Gross Cost
Grants,
Subsidies &
Other
Recoveries
Net Cost BTE (%)BTE ($)
Total
Development
Related Cost
Potential DC
Funded
CBC Share
(%)
CBC Share
($)
Other
Funding*
TABLE 8
CITY OF NIAGARA FALLS
2022 COMMUNITY BENEFITS CHARGE STRATEGY
10 YEAR DEVELOPMENT-RELATED CAPITAL PROGRAM
4.0 PUBLIC ART, HERITAGE & CULTURE
4.1 Public Art Various $200,000 $0 $200,000 0%$0 $200,000 $0 100%$200,000 $0
4.2 Heritage Various $200,000 $0 $200,000 0%$0 $200,000 $0 100%$200,000 $0
4.3 Cultural Spaces Various $200,000 $0 $200,000 0%$0 $200,000 $0 100%$200,000 $0
TOTAL PUBLIC ART, HERITAGE & CULTURE $600,000 $0 $600,000 $0 $600,000 $0 $600,000 $0
CBC Capital Program | 31
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CBC Capital Program | 32
v. Active Transportation
a) Service Description
This service covers City investments around Active Transportation (including bike
lanes and trails) to ensure appropriate infrastructure is in place to support the high
density development that is planned for these areas. The investments are a high
priority for the City.
b) Service Delivery and Service Levels Consideration
Niagara Falls is a vibrant city that continues to grow, though increasingly through
redevelopment and intensification. There is a need to identify and plan for how best
to expand the capacity of the service to accommodate increased needs. Council’s
intentions to promote active transportation in locations of intensification and high
density redevelopment have been approved through Sustainable Transportation
Master Plan (in 2011), and Official Plan policies. Specific roadways and intersections
selected for bike lanes/paved shoulders, and land for trails have been identified by
Municipal Works City Staff.
While active transportation initiatives have traditionally been funded through the DC
By-law, it is now considered appropriate to partially fund them through the CBC as
some of the initiatives have very localized benefits.
c) Estimate of Need
The need for additional active transportation driven by CBC-eligible development
considers:
A $10.0 million provision for bike lanes and paved shoulders for almost 80,000
meters of roads at an urban road unit cost of $200 per metre and a rural road
unit cost of $125 per metre; and
A $10.0 million provision to expand and create five trails.
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CBC Capital Program | 33
While the active transportation CBC capital program represents a point-in-time
analysis of the anticipated CBC-eligible project costs over the 2022-2031 period,
similar service levels are anticipated to continue to be provided by the City beyond
the ten-year planning horizon.
d) Consideration of Excess Capacity
Available excess capacity is considered as part of the City’s budgeting and capital
development planning processes. The costs included in the CBC Strategy are those
anticipated to be incurred over the next ten years, as noted below one-third of the
costs, $6.7 million, is considered development-related but not related to CBC
development over the period 2022-2031, these costs relate to other development
which might include development occurring beyond 2031 and as such a share can
be considered “excess capacity” at 2031.
The gross capital cost associated with the Active Transportation CBC program is
$20.0 million, including $10.0 million for bike lanes, and $10.0 million for trails.
e) Identification of any anticipated capital grants, subsidies or other contributions
No grants, subsidies or other contributions have been identified for this service.
f) Consideration of Benefit to Existing
The capital costs included in the CBC Strategy for active transportation are driven
by the incremental servicing needs arising from higher density development,
primarily buildings that are eligible to subject to a CBC. Residents in high density
areas have higher active transportation mode shares which necessitates an
incrementally higher investment in active transportation infrastructure to provide
further capacity, new pathways as well as linkages to existing and planned active
transportation corridors.
Recognising this infrastructure will provide benefit to existing residents and other
future development, the CBC strategy provides for a one-third allocation (33 per
cent) of the capital costs to benefit to existing residents and a further one-third (33
per cent) to other development (non-CBC buildings and possible post-period
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CBC Capital Program | 34
benefit. The remaining one-third share (33 per cent) is considered to benefit CBC
development within the ten-year planning period of 2022-2031.
g) Relation to funding from DCs (if applicable)
No DC funding has been identified for these projects.
h) Share of Net Capital Costs related to CBC Eligible Developments
The development-related cost of $13.3 million will benefit all development across
the City, including CBC eligible development. The total CBC eligible cost is $6.7
million or 33 per cent of the active transportation capital costs ($20.0 million).
i) Other Funding
A share of $6.7 million represents other funding related to development, but not
funded from Development Charges or Community Benefit Charges within the
planning period.
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Project Description Timing Gross Cost
Grants,
Subsidies &
Other
Recoveries
Net Cost BTE (%)BTE ($)
Total
Development
Related Cost
Potential DC
Funded
CBC Share
(%)
CBC Share
($)
Other
Funding*
TABLE 9
CITY OF NIAGARA FALLS
2022 COMMUNITY BENEFITS CHARGE STRATEGY
10 YEAR DEVELOPMENT-RELATED CAPITAL PROGRAM
5.0 ACTIVE TRANSPORTATION
5.1 Bike Lanes Various $10,000,000 $0 $10,000,000 33%$3,333,333 $6,666,667 $0 33%$3,333,333 $3,333,333
5.2 Trails Various $10,000,000 $0 $10,000,000 33%$3,333,333 $6,666,667 $0 33%$3,333,333 $3,333,333
TOTAL ACTIVE TRANSPORTATION $20,000,000 $0 $20,000,000 $6,666,667 $13,333,333 $0 $6,666,667 $6,666,667
CBC Capital Porgram | 35
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CBC Revenue Analysis and Rate Structure | 36
5. CBC Revenue Analysis and Rate Structure
This section includes a projection of CBC revenue under the 4 per cent cap as well
as recommendations on a CBC rate structure.
A. CBC Capital Needs Exceed Projected CBC Revenue
The average per-unit land value in current (2022) dollars is calculated at
approximately $40,000 - $50,000. These land values are based on 2019 land
appraisals which have been indexed to current 2022 dollars.
Applying the legislated 4 per cent cap, it is anticipated that the average unit will
contribute $1,600 - $2,000 in CBCs. Applying this range against the projected 1,000
CBC eligible apartment units results in a high level estimate of potential CBC
revenues of $1.6 million to $2.0 million over the 2022 – 2031 period.
As set out in Section 4, the total cost of the CBC-eligible capital program over the
same 2022 – 2031 period is $26.8 million. As such, the CBC capital needs cannot be
fully funded from potential CBC revenues.
Table 10. Estimate of Potential CBC Revenues, 2022 – 2031
B. Proposed CBC Rate Structure is a Percentage of Site Land
Value
It is proposed that the CBC be a uniform 4 per cent of land value across the City. All
development that meets the criteria set out in Section 37 (4) of the Act would be
subject to the CBC excluding those listed as exempt under O.Reg. 509/20.
Scenario (Land
Value)
2022-2031
CBC Apt.
Units
Land
Value per
Unit
Average
CBC per
Unit (at 4%)
Total CBC
Revenue at
4% Cap
Low 1,000 $40,000 $1,600 $1,600,000
High 1,000 $50,000 $2,000 $2,000,000
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Appendix | 37
Appendix
Draft CBC By-law
(to be made available
under separate cover)
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1
CITY OF NIAGARA FALLS
By-law No. 2022-
A by-law to establish community benefits charges for The Corporation of the City of
Niagara Falls.
WHEREAS authority is given to Council under section 37 of the Planning Act, R.S.O.
1990, c. P.13, as amended, (hereinafter called the “Act”) to adopt a Community Benefits
Charge by-law;
AND WHEREAS the City of Niagara Falls (hereinafter the “City”) has prepar ed a
Community Benefits Charge Strategy pursuant to subsection 37(9) of the Act;
AND WHEREAS the City has consulted with appropriate persons and public bodies in
the preparation of this by-law.
NOW THEREFORE THE COUNCIL OF THE CITY OF NIAGARA FALLS ENACTS AS
FOLLOWS:
DEFINITIONS
1. In this by-law,
(1) "Basement" means all portions of a Building below the first storey of a
Building;
(2) “Building” means a building, or part thereof, occupying an area greater than
ten square metres (10m2) consisting of a wall, roof and floor or a structural
system serving the function thereof, and includes an above-grade storage tank
and an industrial tent;
(3) "Building Code Act" means the Building Code Act, 1992, S.O. 1992, c.23,
as amended from time to time;
(4) "Building Permit" – means a permit issued under the Building Code Act,
1992, which permits the construction or change in use of a Building including but
not limited to the construction of the foundation of a Building;
(5) "Building Permit Application" means an application submitted to and
accepted by the Chief Building Official for a Building Permit which complies with
the applicable zoning-bylaw and with all technical requirements of the Building
Code Act and includes payment of all applicable fees;
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2
(6) "Chief Building Official" means a chief building official for the City
appointed or constituted under section 3 of the Building Code Act or their
designate;
(7) “Community Benefits Charge” means a charge imposed pursuant to this
by-law;
(8) "Community Benefits Strategy" means the community benefit strategy
prepared pursuant to subsection 37(9) of the Act;
(9) "Condominium Act" means the Condominium Act, 1998, S.O. 1998, c.19 as
amended from time to time;
(10) "Development or Redevelopment" means any activity or proposed activity
in respect of any land, Building or structure, whether existing or proposed, that
requires:
(a) the passing of a zoning by-law or of an amendment to a zoning by-law;
(b) the approval of a minor variance;
(c) a conveyance of land to which a part lot control exemption by-law
applies;
(d) the approval of a plan of subdivision;
(e) a consent to sever;
(f) the approval of a description of a plan of condominium pursuant to the
Condominium Act; or
(g) the issuing of a permit under the Building Code Act, in relation to a
building or structure;
(11) "Gross Floor Area" means the sum of the total area of each floor level of a
Building or structure, above and below the ground, measured from the exterior of
the main wall of each floor level;
(12) "In-kind contribution" means facilities, services or matters identified in a
Community Benefits Strategy and required because of Development or
Redevelopment provided by an owner of land, in lieu of payment of a portion or
all of the Community Benefits Charge otherwise applicable;
(13) “Region” means the Regional Municipality of Niagara;
(14) "Residential Unit" means a unit that:
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3
(a) consists of a self-contained room or set of rooms located in a Building
or structure,
(b) is used or intended for use as residential premises,
(c) contains kitchen and bathroom facilities that are intended for the use of
the unit only,and
(d) functions as a housekeeping unit used or intended for use as a
domicile by one or more persons.
(15) "Storey" means a level of a Building or structure, other than a Basement,
located between any floor and the floor, ceiling or roof immediately above it;
(16) "Value of the Land" means for the purposes of determining the Community
Benefits Charge payable, the appraised value of the land in an appraisal
prepared by or for the Municipality and in accordance with generally accepted
appraisal principles and standards.
APPLICABLE LANDS
2.
(1) Subject to subsection 2(2) herein, this by-law applies to all lands within the
City of Niagara Falls.
(2) This by-law shall not apply to land or Buildings within the City of Niagara Falls
that are owned by or used for the purposes of the Municipality or the Region.
APPLICATION OF BY-LAW
3.
(1) A Community Benefits Charge shall be payable for the capital costs of
facilities, services, and matters required for Development or Redevelopment
of all lands in the geographic area of the City of Niagara Falls unless
subsection 2(2) herein applies.
(2) The Community Benefits Charge shall be imposed on all Development or
Redevelopment of a Building or structure with five or more Storeys and that
contains (for development) or adds (for redevelopment) ten or more
Residential Units.
AMOUNT OF CHARGE
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4
4. The amount of the Community Benefits Charge payable is 4% of the Value of the
Land that is the subject of the Development or Redevelopment on the day before
the first Building Permit is issued in respect of the Development or
Redevelopment.
5. The Community Benefits Charge otherwise payable shall be reduced on a
proportionate basis based on the percentage of the Building comprised of the
Gross Floor Area for the types of Development or Redevelopment set out in
section 1 of Ontario Regulation 509/20 to the Act.
TIMING OF CALCULATION AND PAYMENT
6.
(1) The Community Benefits Charge is payable prior to the issuance of the first
Building Permit issued for the Development or Redevelopment.
(2) If a Development or Redevelopment is to be constructed in phases, each phase
of the development is deemed to be a separate Development or Redevelopment
for the purposes of this by-law and the amount of the Community Benefits
Charge for each phase is 4% of the Value of the Land of that phase on the day
before the first Building Permit for the Development or Redevelopment of that
phase is issued.
EXEMPTIONS
7. The onus is on the owner or applicant to produce evidence to the satisfaction of
the Municipality establishing that the owner or applicant is entitled to an
exemption under the provisions of this by-law.
IN-KIND CONTRIBUTIONS
8. In the event that City Council has allowed an owner of land to provide an In-kind
contribution in-lieu of payment of a portion or all of the Community Benefits
Charge otherwise payable and arrangements for the provision of the In -kind
contribution that are satisfactory to City Council have been made, the Community
Benefits Charge otherwise payable for the Development or Redevelopment shall
be reduced by the value that the City has attributed to the In-kind contribution.
REVIEW
9. Within five years after this by-law is passed City Council shall ensure that a
review of this by-law is undertaken and shall pass a resolution declaring whether
a revision to the by-law is needed and thereafter shall further review the by-law
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5
and pass a resolution within every five years after the previous resolution was
passed.
SHORT TITLE
10. This by-law may be cited as the “City of Niagara Falls Community Benefits
Charge By-law”.
11. This by-law comes into force on the day it is passed.
Read a First, Second and Third time; passed, signed and sealed in open Council
this th day of August, 2022.
................................................................ ................................................................
WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR
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2022 Community Benefits Charge
Public Meeting
CITY OF NIAGARA FALLS
Tuesday, July 12th, 2022 Source: www.cityofniagarafalls.caPage 132 of 549
Discussion Topics
What is a Community Benefits Charge?
Development Forecast
CBC Revenue Estimate
CBC Draft Capital Program Summary
Next Steps
1Page 133 of 549
What is a Community Benefits Charge?
2
Regulation sets cap at 4%of land value the day before a building permit is issued
Source: Google Earth Pro, 2020
Land value should reflect zoning and density permissions
Imposed by by-law—no more agreements
Only local municipalities can charge
Can only be levied against higher density development
5 or more storeys, and
10 or more residential units
Requires a “strategy”
In-kind contributions permitted
Page 134 of 549
CBCs Can Fund Any “Growth-Related” Capital Cost
Services considered in Niagara Falls
CBC Bylaw Reviews & Strategy Updates
Parking (no longer eligible for development charge funding)
Urban Amenities (Streetscaping and Urban Parks)
Public Art, Heritage and Culture (within intensifications areas)
Active Transportation (bike lanes and trails)
Still requires “nexus tests” between servicing needs and development
3Page 135 of 549
Implementing a CBC By-law
Must hold public consultation—no prescribed process
Right of appeal to OLT
Fund management
Establish CBC “special account” (reserve fund)
Spend or allocate at least 60% of special account funds each year
Annual reporting
Mandatory 5 year review
4Page 136 of 549
CBC Strategy Process
5
Growth / Development ForecastAmount, type and location of development (5+ storeys and 10+ units)
Growth-Related Capital NeedsWhat will we need to build?
Capital Needs Eligible to be funded from CBCs
Legislated Reductions
Grants, other contributions,other
sources (DCs) & benefit to existing
Costs Eligible for CBC Recovery
Development5+ Storeys & 10+ units
Page 137 of 549
Forecast Occupied Apartment Units
6
Year Total OccupiedApartments CBC EligibleApartments
2022 125 100
2023 125 100
2024 125 100
2025 125 100
2026 125 100
2027 125 100
2028 125 100
2029 125 100
2030 125 100
2031 125 100
Total Growth (2022-2031)1,250 1,000
Total occupied apartment forecast in line with DC Forecast
Percentage of total occupied apartment units that are CBC eligible = 80% Page 138 of 549
CBC Ten-Year Revenue Estimate: $1.6M -$2.0M
7
Scenario (Land Value)CBC Apartment Units (2022 –2031)
Land Value per Unit1
Average CBC per Unit (4% cap)
Total CBC Revenue (4%cap)
Low 1,000 $40,000 $1,600 $1,600,000
High 1,000 $50,000 $2,000 $2,000,000
1 Land Values based on 2019 land appraisals. Values have been indexed. Page 139 of 549
Summary of Capital Program
8
Service Area Gross Cost Grants, Subsidies & Other Recoveries
Benefit to Existing ($)DevelopmentRelated Cost Potential DC Funded
Other Funding1 CBC Share($)
CBC By-Law Reviews & Strategy Updates $200,000 $0 $0 $200,000 $0 $0 $200,000
Parking $17,500,000 $0 $5,833,333 $11,666,667 $0 $5,833,333 $5,833,333
Urban Amenities*$17,130,000 $0 $0 $17,130,000 $0 $3,612,000 $13,518,000
Public Art, Heritage & Culture $600,000 $0 $0 $600,000 $0 $0 $600,000
Active Transportation $20,000,000 $0 $6,666,667 $13,333,333 $0 $6,666,667 $6,666,667
Total Cost $55,430,000 $0 $12,500,000 $42,930,000 $0 $16,112,000 $26,818,000
1 Note: Other funding related to development but not funded from Development Charges or Community Benefit Charges within the planning period..Page 140 of 549
CBC By-Law Reviews & Strategy Updates Capital Program
9
Project Description Gross Cost Grants, Subsidies& Other Recoveries
Benefit to Existing ($)DevelopmentRelated Cost DC Funded Other Funding CBC Share ($)
Community Benefits StrategiesReview $100,000 $0 $0 $100,000 $0 $0 $100,000
Implementation of By-law & Appraisal Funding $100,000 $0 $0 $100,000 $0 $0 $100,000
Total CBC By-Law Reviews & Strategy Updates $200,000 $0 $0 $200,000 $0 $0 $200,000
Page 141 of 549
Parking Capital Program
10
Project Description Gross Cost Grants, Subsidies& Other Recoveries
Benefit to Existing ($)DevelopmentRelatedCost Potential DC Funded
Other Funding CBC Share ($)
Provision for Parking Supply Increase $15,000,000 $0 $5,000,000 $10,000,000 $0 $5,000,000 $5,000,000
Parking Equipment Infrastructure $1,000,000 $0 $333,333 $666,667 $0 $333,333 $333,333
EV Charging Stations $500,000 $0 $166,667 $333,333 $0 $166,667 $166,667
New On Street Parking Expansion $1,000,000 $0 $333,333 $666,667 $0 $333,333 $333,333
Total Parking $17,500,000 $0 $5,833,333 $11,666,667 $0 $5,833,333 $5,833,333
Page 142 of 549
Urban Amenities Capital Program
11
Project Description Gross Cost Grants, Subsidies& Other Recoveries
Benefit to Existing ($)DevelopmentRelatedCost Potential DC Funded
Other Funding CBC Share ($)
Streetscaping $16,630,000 $0 $0 $16,630,000 $0 $3,612,000 $13,018,000
Urban Parks & POPs $500,000 $0 $0 $500,000 $0 $0 $500,000
Total Urban Amenities $17,130,000 $0 $0 $17,130,000 $0 $3,612,000 $13,518,000
Page 143 of 549
Public Art, Heritage & Culture Capital Program
12
Project Description Gross Cost Grants, Subsidies& Other Recoveries
Benefit to Existing ($)DevelopmentRelatedCost Potential DC Funded
Other Funding CBC Share ($)
Public Art $200,000 $0 $0 $200,000 $0 $0 $200,000
Heritage $200,000 40 $0 $200,000 $0 $0 $200,000
Cultural Space $200,000 $0 $0 $200,000 $0 $0 $200,000
Total Public Art, Heritage & Culture $600,000 $0 $0 $600,000 $0 $0 $600,000
Page 144 of 549
Active Transportation Capital Program
13
Project Description Gross Cost Grants, Subsidies& Other Recoveries
Benefit to Existing ($)DevelopmentRelatedCost Potential DC Funded
Other Funding CBC Share ($)
Bike Lanes $10,000,000 $0 $3,333,333 $6,666,667 $0 $3,333,333 $3,333,333
Trails $10,000,000 $0 $3,333,333 $6,666,667 $0 $3,333,333 $3,333,333
Total Active Transportation $20,000,000 $0 $6,666,667 $13,333,333 $0 $6,666,667 $6,666,667
Page 145 of 549
Revenue Forecast vs Capital Costs (2022-2031)
14
Forecasted Revenue$1.6M –$2.0M
Forecasted Costs$26.8M
4% Legislated Cap
Page 146 of 549
Next Steps
Draft CBC Strategy and draft by-law was made available on July 5th
2022
CBC Strategy and Bylaw to be passed in August 2022
15Page 147 of 549
W Public Engagement Feedback
_S Let’s Talk Niagara Falls WebpageNlagarafallsCommunityBenefitChargesStrategyand Draft By—Law
CANADA
Please provide your name and affiliation (if any)
Lorna Anstruther
Please provide your email address.
Do you have any concerns about the Community Benefit Charges Strategy and
By—Law?
Yes
Do you provide the City of Niagara Falls with permission to contact you at the
provided email address?
Yes,I provide consent to be contacted for the purposes of this project.
Do you have any other questions or comments regarding the Community Benefit
Charges Strategy and By—Law?
No exchange of cash for greenspace!How does this for into the provincial government
ability to basically overturn planning decisions made by council.I see this as a huge
loophole for our of town developers.
https://letstalk.niagarafalls.ca/community-benefit-charges Page 1 of 5Page 148 of 549
W Public Engagement Feedback
_C Let's Talk Niagara Falls WebpageNlagarafallsCommunityBenefitChargesStrategyand Draft By-Law
CANADA
Please provide your name and affiliation (if any)
Somy Thomas
Please provide your email address.
Do you have any concerns about the Community Benefit Charges Strategy and
By-Law?
It should not be imposed on residents.Already paying a high property tax in NF
compared to other cities of the Niagara region
Do you provide the City of Niagara Falls with permission to contact you at the
provided email address?
No,I do not wish to be contacted for the purposes of this project.
https://letstalk.niagarafalls.ca/community-benefit—charges Page 2 of 5Page 149 of 549
i/Public Engagement Feedback
Let’s Talk Niagara Falls WebpageNiagara?alls Community Benefit Charges Strategy and Draft By—Law
(‘AN:\l):\
Please provide your name and affiliation (if any)
Amanda Selig —Niagara Falls Homeowner,Environmental Studies and Geography
Graduate,Urban Planning Geek
Please provide your email address.
I.....-\a\
Do you have any concerns about the Community Benefit Charges Strategy and
By-Law?
I think it is crucial that the City incentivize and reward developers that engage in
brownfield remediation/redevelopment and building up within the existing urban
boundary,to deter unnecessary urban sprawl and destruction of green space.This
could be achieved by offering a discount on Community Benefit Charges for urban
intensification projects and/or hike up the charges for sprawl communities.
Do you provide the City of Niagara Falls with permission to contact you at the
provided email address?
Yes,I provide consent to be contacted for the purposes of this project.
Do you have any other questions or comments regarding the Community Benefit
Charges Strategy and By-Law?
The charges need to reflect the true cost of providing municipal services (extension of
roads and sewers (the cost of which are much higher for brand new,sprawl
extra transit routes,parks,etc.).Existing homeowners shouldn't have to carry the taxburdenofwasteful"McMansions"that plow over valuable green spaces and requirebrandnewinfrastructuretoreachthosecommunitiesinthemiddleofnowhere.httgs://letstalk.niagarafalls.ca/community—benefit—charges Page 3 of 5Page 150 of 549
if Public Engagement Feedback
_P Let’s Talk Niagara Falls WebpageNlagaraj-7aIIs Community Benefit Charges Strategy and Draft By-Law
(‘ANADA
Please provide your name and affiliation (if any)
Amanda Baldinelli
Please provide your email address.
Do you have any concerns about the Community Benefit Charges Strategy and
By-Law?
Our schools and hospitals are over—run.If there are to be high density residential
properties added to the city we need to ensure that more funding is provided for
schooling and health care before urban amenities and cultural activities.Education and
health care is absolutely necessary and is becoming harder and harder to access in our
community
Do you provide the City of Niagara Falls with permission to contact you at the
provided email address?
Yes,I provide consent to be contacted for the purposes of this project.
https://letstalk.niagarafalls.ca/community-benefit—charges Page 4 of 5Page 151 of 549
W Public Engagement Feedback
_Let’s Talk Niagara Falls WebpageNlagara?alls Community Benefit Charges Strategy and Draft By-Law
CANADA
Please provide your name and affiliation (if any)
Dalhia Berhavan,resident
Please provide your email address.
Do you have any ‘concerns about the Community Benefit Charges Strategy and
By-Law?
Yes.I have two major concerns.First,I see it as nothing more than yet another tax
under the guise of a "charge"~if it is a development tax then call it so.Second,and
much more importantly —there is no exemption for agricultural purposes for food
producers.For economic,and environmental reasons,we need to encourage the food-
producing agricultural sector locally.I have no problem with the charge on agricultural
development for wineries,cannabis,nurseries,or flowers,but local food production,
even on a small scale must be encouraged.
Do you provide the City of Niagara Falls with permission to contact you at the
provided email address?
No,I do not wish to be contacted for the purposes of this project.
https://letstalk.niagarafalls.ca/commu?t_y—benefit-charges Page 5 of 5Page 152 of 549
PBD-2022-46
Report
Report to: Mayor and Council
Date: July 12, 2022
Title: General Amendments to By-law No. 79-200
Recommendation(s)
That Council approve the general amendments to By-law No. 79-200, as outlined in this
report.
Executive Summary
By-law No. 79-200 is a comprehensive zoning by-law, passed in 1979, which covers
much of the City’s land area, including most urban areas. A n umber of amendments are
proposed to the By-law to modernize regulations as well as undertake a number of
technical amendments to make the by-law function better. The amendments are
recommended for the following reasons:
• The proposed changes to the Residential Mixed (R3) zone will introduce
standards that will promote compact development that will assist the City in
meeting density goals;
• Other proposed changes, including permitting community gardens, allowing
decks and porches in the privacy yards of to wnhouses, and requiring an amenity
area for apartments, will provide amenities to improve the life of residents: and,
• Allowing the temporary parking of recreational vehicles and trailers in residential
zones for up to 14 days per calendar year will implement Council’s earlier
direction to consider temporary parking of these vehicles for loading and
unloading.
Background
Proposal
This City City initiated application proposes updates Zoning By-law No. 79-200. The area affected
by these amendments is shown on Schedule 1.
The following is a general description of the amendments proposed:
• Revise a number of regulations in the Residential Mixed (R3) zone to provide for
intensification and a compact type of development.
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• Update the Special Building Setback regulation (which requires infill dwellings on interior
lots to meet the minimum average front yard setback of adjacent dwellings) to refer to
adjacent dwellings as those being in existence on the day of the passing of this by-law;
• Introduce a definition for stacked townhouse dwellings and permit these dwellings in the
Residential Low Density Grouped Multiple Dwellings (R4) and Residential Apartment
Density (R5A to R5F) zones;
• Permit decks and porches to locate in the privacy yards of block townhouse units;
• Allow the option of providing either a landscape strip or decorative wall/fence between a
parking area in a front yard and a street in R4 and R5A to R5F zones;
• Require an amenity area for residents in apartment buildings;
• Permit community gardens and associated sheds and small-scale greenhouses, as of
right.
• Permit the temporary parking of recreational vehicles in residential zones for a period of
up to 14 calendar days a year for the purposes of loading and unloading;
• Reduce the number of loading spaces required for commercial and industrial buildings;
• Provide definitions in a single alphabetical section without numbering;
• Allow certain technical revisions without requiring a zoning by-law amendment, for
correcting errors and formatting and changing street names;
• Allow the rounding of numerical figures; and,
• Revise the lot frontage interpretation for lots that do not have parallel side lot lines (i.e.,
pie shaped lots);
Circulation Comments
Information about the requested Zoning By-law amendment was circulated to City
divisions, the Region and agencies for comments. In addition, two notices were placed in
the Niagara Falls Review to advise residents of the neighborhood open house and
Council meeting. No comments or objections have been received from agencies or
departments.
Neighbourhood Comments
A virtual neighbourhood open house was held on June 1, 2022 and was attended by City
staff and two (2) members of the public. No objections were raised.
Page 2 of 23
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The City has also received 6 written comments from the public. Although some comments
support the proposed changes; the following concerns were raised:
• Zone changes that affect natural heritage features, particularly Provincially
Significant Wetlands (PSWs) that are located in the Thundering Waters area
near Welland River;
• Need for further intensification along arterial roads to provide affordable housing;
• Amenity area requirements for apartments may reduce potential for
intensification; and
• The need to incorporate bird friendly windows in developments to reduce bird
mortality.
Staff offer the responses to these concerns;
• The proposed by-law changes do not involve changing the zoning of natural
heritage features. Furthermore, alterations to or development in natural heritage
features such PSWs, watercourses and significant woodlands require approval
from the Region, Niagara Peninsula Conservation Authority and/or Provincial
ministries. However, to ensure these natural features are not affected by the
establishment of community gardens, it is recommended that community gardens
be prohibited in lands zoned Environmental Protection Area and Hazard Land;
• Intensification along arterial roads will be further studied in the new Official plan
program, however the proposed changes to the Residential Mixed (R3) zone will
also allow the opportunity for intensification near arterial roads:
• Amenity area requirements are anticipated be accommodated within areas already
required for landscaping, or within the building, and are not expected to reduce
densities; and
• Dealing with building materials such as windows is not addressed through
zoning, however the City seeks to reduce bird mortality by limiting glazing on new
towers through the site plan process.
Analysis
1. Provincial Policies
The Planning Act requires City planning decisions to be consistent with the
Provincial Policy Statement and conform to the Provincial “A Place to Grow” Plan.
The proposed zoning changes are consistent and conforms as follows:
Page 3 of 23
Page 155 of 549
o The proposed development satisfies matters of provincial interest as
outlined in Section 2 of the Planning Act;
o The proposed changes to the Residential Mixed (R3) zone will promote
compact development that will the assist the City in meeting its density
and intensification targets; and
o Facilitating community gardens will support Provincial objectives in
providing complete communities and will provide healthy food sources
for those with limited income.
o The proposed changes to the Residential Mixed (R3) zone will assist in
meeting Greenfield density targets; and
o Updates to the Special Building Setback specified below will help to
maintain requiring by existing neighbourhoods character the of
development on infill lots to meet the average setback of abutting
dwellings.
2. Regional Official Plan
The changes to the Residential Mixed (R3) zone comply with the Regional Official
Plan as they will assist the City in meeting Greenfield density targets and by de -
emphasizing garages along street frontages.
3. Official Plan
The lands subject to By-law No. 79-200 fall under a number of land use
designations. While many of the changes are not directly referenced in Official Plan
policies, the following changes comply with the Official Plan as follows:
o The proposed changes to the Residential Mixed (R3) zone will assist in
meeting Greenfield density targets; and
o Updates to the Special Building Setback specified below will help to
maintain the character of existing neighbourhoods by requiring
development on infill lots to meet the average setback of abutting
dwellings.
4. Zoning By-law
The proposed changes include regulations to address newer development trends,
as well as housekeeping or technical changes. The changes are summarized as
follows.
a. New Regulations in the Mixed Use (R3) Zone to provide for intensification
and compact development
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The R3 zone permits a range of low to medium density dwelling types, including
detached, semi detached, on street townhouse, triplex and quadruplex
greenfield in used extensively type has zone This dwellings. been
developments as it offers developers flexibility in developing large parcels for
a mix of dwelling types.
A review of several new subdivisions (within the Warren Woods, Chippawa
West and Pettit-Cropp areas) indicates regulations in this zone have been
extensively modified on a site-by-site basis to provide smaller lot sizes to meet
requirements for intensification. Other regulations have been modified to
reduce building setbacks and modify lot coverage to provide for uniform,
compact type development.
Appendix A contains a review of the current regulations, the site-specific
revisions to these regulations approved for the above noted developments and
the recommended new regulations: These new regulations are recommended
for the following reasons:
- The proposed regulations will assist in providing for more intensive
development in Greenfield areas to meet Provincial, Regional and City
targets, however, will not result in excessive density. Densities of between
42 and 57 jobs and persons per hectare were achieved in the Greenfield
subdivisions listed above, which are around the minimum City target of 53
jobs and persons per hectare
- subdivision new comprehensive for mainly R3 is zone The used
developments, where the recommended regulations will assist in providing
a consistent and well-designed form of development:
- A front yard depth and exterior side yard width of 3 metres is recommended,
provided a setback to the garage front is maintained at 6 metres. This will
assist in providing a streetscape that is not dominated by garages: and
- While the R3 zone is primarily utilized in Greenfield areas, there may be
requests to rezone lands to R3 on infill lots in established neighbourhoods.
Such requests will be carefully considered to ensure the character of these
neighbourhoods is maintained. In addition, the recommended changes to
the Special Building Setback (discussed below) will ensure front yard
depths of new developments in existing neighborhoods maintain the
established streetscape.
b. Revision to Section 5.12 (Special Building Setback, Residential Zones)
The Special Building Setback regulation seeks to preserve the streetscape
character of established neighbourhoods by requiring new development on infill
Page 5 of 23
Page 157 of 549
lots to be setback from the front lot line the average of the two abutting existing
dwellings. However, this regulation only applies where abutting dwellings
existed at the time of the passing of By-law No. 79-200 (in 1979). A substantial
amount of development, including the establishment of new neighbourhoods,
has occurred since this by-law was passed 43 years ago.
To protect these newer neighbourhoods, as well as to protect areas that have
seen newer infill development, it is recommended the Special Building Setback
regulation be amended to use the date of the passing of this by-law, instead of
By-law. 79-200. Proposed Changes to the draft regulation are shown in
Appendix B.
c. Revisions affecting the Residential Low Density Grouped Multiple
Dwellings (R4) and Residential Apartment (R5A to R5F) Zones
Four changes are proposed as follows
o Introduce a definition for stacked townhouse dwellings and permit these
dwellings in the R4 and R5A to R5F zones;
o Permit decks and porches to locate in the privacy yards of block
townhouse units in the R4 zone, similar to other ground oriented dwelling
units such as detached dwellings;
o Allowing the option of providing either a landscape strip or decorative
wall/fence between a parking area in a front yard and a street in R4 and
R5A to R5F zones; and
o Require an amenity area for residents in apartment buildings, proposed to
be 20 square metres per dwelling unit.
These changes are proposed for the following reasons:
▪ A stacked townhouse dwelling is a dwelling type with two or more
townhouse units stacked one upon another, each with a ground floor
entrance. been has type housing popular increasingly This
interpreted to fall under the definition of an apartment building, it is
proposed that these dwellings be permitted in the R4 and R5 zones
and be subject to the same regulations as an apartment dwelling. A
proposed definition is included in Appendix C.
▪ Decks and porches are already permitted as of right in the rear yards
of detached dwellings and on street townhouses but are not
permitted in the privacy yards of block townhouse dwellings, which
has triggered a number of site-specific zoning and variance requests.
As these features add amenity to dwellings, it is recommended they
be permitted as of right for block townhouse dwellings. Proposed
Page 6 of 23
Page 158 of 549
changes to Section 4.14 of By-law No. 79-200 (permitted yard
encroachments) are shown in bold in Appendix C.
▪ Current R4 and R5 regulations require a decorative wall or fence to
screen parking lots in the front yards of developments. These
regulations date back to a time when large parking areas were
located in the front yards. Current urban design trends seek to
minimize parking in front yards. Given this, offering developers t he
flexibility of either providing a 3 metres wide landscape strip or a
decorative wall or fence will secure appropriate screening.
▪ Although extensive landscaping is required in the R4 and R5 zones
to screen abutting lands and streets and to provide amen ity, a
minimum amount of amenity space for residents in the apartment
building is not specified. Council recently passed zoning for the
Central Business Commercial area downtown that includes a
minimum amenity area of 20 square metres per dwelling unit,
however there is no such requirement on a City-wide basis.
Planning staff recommend the same amenity area of 20 square metres per
apartment dwelling unit be implemented on a City -wide basis, to ensure residents
have space for use and enjoyment. Similar to the downtown zoning, this space can
be provided in the form of private balconies, terraces or patios, public landscaped
areas, roof decks or swimming pools, or indoor communal lounges. However
landscaped buffers for parking areas or along property lines should not qualify for
amenity area as these areas are intended to mitigate impacts off site. A
recommended definition of amenity area as well as proposed regulations is
included in Appendix C.
It is noted that a number of apartment buildings are currentl y being proposed
through recent zoning by-law approvals or site plan applications. Although the
amenity area requirement is not expected to impact most of these proposals, it is
recommended that a regulation be included to apply this requirement to only to
apartment proposals submitted after the date of the passage of the amending by -
law.
d. Permit community gardens and associated sheds and small -scale
greenhouses, as of right
Community gardens typically take the form of public, institutional or not for pr ofit
land holdings being used for the communal growing of crops, fruits and
vegetables. These gardens assist in food security as well as general recreation.
Except for cannabis, and for height controls in daylight triangles, the zoning by -
law does not specifically address the growing of plants, therefore the crops
would not be prohibited by the zoning by-law. However associated buildings or
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structures such as a tool sheds or greenhouses would not be permitted unless
exempted through the use by a public authority.
To ensure lands can be used for community gardens and associated structures
a definition and regulation is proposed to be added to By -law No. 79-200, as
shown in Appendix D4. This would permit a community garden and associated
shed/greenhouse with a maximum height of 3 metres and a maximum area of
10 square metres. It is recommended the by-law permit a community garden,
as of right, in By-law 79-200, except for lands intended to be protected for lands
zoned Environmental Protection Area (EPA) and Hazard Lands (HL) to assist
in protecting natural features. It is further recommended the by-law prohibit a
cannabis production facility and designated medical growth of cannabis (as
these uses are only permitted in certain industrial zones), the raising of animals
and a farm produce outlet (due to its commercial nature).
e. Permit the temporary parking of recreational vehicles and trailers in
residential zones for a period of up to 14 calendar days a year for the
purposes of loading and unloading
In 2008, the City implemented regulations prohibiting the parking of recreational
vehicles, boats and trailers in the front and side yards of residentially zoned
(R1, R2 and R3 zones) properties. These regulations are intended to protect
the character of residential neighbourhoods and avoid safety issues arising
from the blocking of sightlines of neighbouring residents.
In 2020 Council considered a staff report on recreational vehicles and trailers
and directed staff to initiate an amendment to the Zoning By -law that would
allow the temporary storing of these vehicles in residential zones for up to 14
days a year for the purposes of loading and unloading.
Complaints are regularly received on these vehicles being illegally located in
residential areas, as well concerns have been raised by RV owners who would
prefer to park their vehicles in driveways for safety purposes.
A survey of other municipalities conducted in 2020 revealed that:
- The City of St. Catharines similarly prohibits RVs from being parking in the
front and exterior side yards of low-density residential zones;
- The City of Weiland similarly prohibits RVs in the front yard during the winter
months but permits RVs up to 10 metres in length to be parked in residential
zones between May and October, provided it is set back at least 5 metres
from a curb.
- The Town of Pelham permits RVs in residential zones; however, they need
to be set back at least 1.5 metres from a front lot line
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- The Town of Niagara on the Lake permits RVs up to 7 metres in length in
residential zones
- The Town of Fort Erie permits an RV to be parked in a driveway in a
residential zone, provided it is set back at least 4.5 metres from a front lot
line. However, the Town also permits the temporary parking of RVs for up
to 72 hours, a maximum of 6 times a year.
Given the typical required front yard depth in low density residential zones is 6
metres, it was noted that there would be some difficulty in accommodating RVs
in driveways without creating safety concerns for neighbours backing out of
their driveways, or for pedestrians using sidewalks. However, allowing the
temporary parking of these vehicles for loading and unloading, similar to
regulations in Town of Fort Erie, was suggested and subsequently directed by
Council.
The proposed regulation is shown in Appendix E and would permit the
temporary parking of a recreational vehicle, boat or trailer for a maximum
cumulative period of 14 days in a calendar year, which will allow owners the
opportunity to load or unload vehicles in between trips or storage off -site. To
ensure visibility for vehicles exiting neighbouring properties, it is recommended
the zoning by-law require the RV be set back 5 metres from the curb or
pavement edge of a street. Enforcement would be done on a complaint basis,
if a complaint is received an enforcement officer would visit the site, document
the vehicle, advise the owner of the regulation and follow up later to ensure
compliance..
f. Permit a reduction in loading spaces for commercial and industrial
properties
By-law No. 79-200 requires loading spaces to be provided for manufacturing,
storage or any use that requires the receipt of materials or merchandise (i.e.,
retail or restaurants). The City has received numerous requests to reduce the
number of loading spaces on a site-by-site basis, which have been typically
supported by transportation experts.
A review of other municipalities indicates that while regulations vary widely,
generally a lower number of parking spaces is required elsewhere. In addition,
other municipalities exempt smaller businesses from providing any loading
area. This flexibility recognizes that often smaller delivery vehicles serve small
scale businesses, and these vehicles can temporarily use parking spaces.
Appendix F illustrates the proposed requirements in comparison to existing
requirements. These requirements are expected to assist developers in site
design and recognizes that businesses determine loading needs through their
business plans.
Page 9 of 23
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g. Technical revisions to By-law No. 79-200.
Four technical changes, which do not alter the intent of the regulations but are
intended to make the by-law function better, are proposed as follows
• Provide definitions in a single alphabetical section without numbering;
• byzoning requiring without a technical certain Allow revisions -law
amendment, for correcting errors and formatting and changing street
names;
• Allow the rounding of numerical figures; and
• Revise the lot frontage interpretation for lots that do not have parallel
side lot lines (i.e., pie shaped lots).
These changes are proposed for the following reasons:
• Providing definitions without numbering will readily allow for the addition
of definitions without having to renumber the whole section;
• Allowing technical revisions will address such matters as spelling errors,
formatting and recognizing new or changed street names without having
to bring amendments to Council, and
• Currently lot frontage for pie shaped lots is measured at a distance
equivalent to the required front yard setback. As this is usually 6 metres,
confusion may occur when surveyors or developers calculate lot
frontage where site specific zoning allowed for a smaller front yard
setback. It is recommended the regulation stipulate lot frontage to be
calculated at a distance 6 metres from the lot frontage for these lots to
avoid the potential of confusion.
Operational Implications and Risk Analysis
The proposed zoning changes do not have any operational implications for the City.
Financial Implications/Budget Impact
There will be no financial implications.
Strategic/Departmental Alignment
The proposed zoning changes do not directly affect any of the City’s strategic priorities.
List of Attachments
Schedule 1 - Location Map
Page 10 of 23
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Appendix A - Changes to the Residential Mixed (R3) Zone Regulation
Appendix B - Changes to the Special Building Setback Regulation
Appendix C - Changes to the Residerntial Low Density, Grouped Multiple Dwellings
(R4) and Residential Apartment (R5A to R5F) Zones
Appendix D - Community Garden Regulations
Appendix E
Appendix F - Loading Space Reduction
Appendix G - Technical Amendments to By-law No. 79-200
Written by:
Andrew Bryce, Manager, Current Planning
Submitted by: Status:
Andrew Bryce, Manager, Current Planning Approved
- 06 Jul
2022
Jason Burgess, CAO Approved
- 06 Jul
2022
Page 11 of 23
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Sherk RdStanley AvWilloughby DrQu
e
e
nE
li
z
a
b
e
t
h
WyDorchester RdM o u n t a in Rd
Sodom RdMcLeod Rd
L y o n s C re e k R d
Nia g araRiverPyBiggar Rd
Thorold Stone Rd
Thorold Townline RdGarner Rd420 Hy Victoria AvL u n d y 'S L n
Montrose Rd+AM-2022-003Page 12 of 23
Page 164 of 549
APPENDIX A
CHANGES TO THE RESIDENTIAL MIXED (R3) REGULATIONS
Standard Current R3
Regulation
Site Specific
Regulations
Recently
Approved
Recommended
Regulation
Lot Area
Detached dwelling
Semi-detached
dwelling
On-street townhouse
dwelling
Triplex dwelling
Quaudruplex dwelling
370 sq. m
600 sq.m. (2 dwelling
units)
200 sq.,m per
dwelling unit
740 sq. m.
940 sq.m.
270 - 350 sq. m.
450 - 489 sq.m.
150 - 190 sq.m. per
dwelling unit
300 sq. m.
450 sq.m.
160 sq.m. per dwelling
unit
740 sq.m.
940 sq.m.
Lot frontage
Detached dwelling
Interior lot
Corner lot
Semi-detached
dwelling
Interior Lot
Corner Lot
On-street townhouse
dwelling
Triplex dwelling
Interior lot
Corner lot
Quadruplex dwelling
Interior lot
Corner lot
12 m
15 m
18 m
20 m
6.5 m per dwelling
unit
21 m
22.5 m
24 m
25.5 m
9.5 – 11 m
12.5 – 14 m
15 – 16.5 m
17 m
5.48 - 6 m
10 m
12 m
15 m
17 m
6 m per dwelling unit
21 m
22.5 m
24 m
25.5 m
Page 13 of 23
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Front yard depth*6 m 3.5 – 4.5 m to a
dwelling and 6 m to a
garage
3 m to a dwelling and
6 m to a garage
Interior side yard
width
Detached or semi-
detached dwelling
On Street townhouse,
triplex, quadruplex
dwelling
1.2 m
3 m
0.6 - 1.2 m
1.2 - 3 m
1.2 m
1.2 m
Exterior side yard
width*
4.5 m 2.4 to 4.5 m to a
dwelling
3 m to a dwelling and
6 m to a garage
Maximum lot
coverage
45%50-55% (3
developments do not
have lot coverage
requirement
55%
Minimum landscaped
open space
30% of the lot area 25-30%25%
*Required setback from the centrelines of certain streets, to protect for future road
widenings per Section 4.27.1 of the By-law No. 79-200, to remain
Recently approved site specific regulations are for the following developments:
•Forestview Estates Subdivision, southwest corner of McLeod Road and Garner
Road
•Warren Woods Phase 5 Subdivision, east side of Garner Road south of McLeod
Road
•Splendour Subdivision, southwest corner of McLeod Road and Kalar Road
•Chippawa East Subdivision, east side of Sodom Road south of Weinbrenner
Road
•Pettit-Cropp Subdivision, north-west corner of Cropp Street and Pettit Avenue
Page 14 of 23
Page 166 of 549
APPENDIX “B”
CHANGES TO THE SPECIAL POLICY BUILDING SETBACK REGULATION
Revise Section 5.12 by deleting the crossed out words and replacing it with the
highlighted words:
5.7 SPECIAL BUILDING SETBACK: Notwithstanding the yard requirements of this By-
law but subject to section 4.27.1, in any residential zone where a proposed building or
structure is to be erected on an interior lot between 2 existing buildings or structures,
existing on the day By-law No. 2022-xx comes into force, on lots which have their
front lot lines on the same street and in the same block and are distant from each other
not more than 45 metres, no part of such proposed building or structure shall be erected
on such interior lot closer to the front lot line thereof than the average of the shortest
distance between the nearest main wall of each such existing building or structure and
the front lot line of the lot on which such existing building or structure is located.
Page 15 of 23
Page 167 of 549
APPENDIX C
CHANGES TO THE RESIDENTIAL LOW DENSITY GROUPED MULTIPLE
DWELLINGS (R4) AND RESIDENTIAL APARTMENT (R5A to R5F) ZONES
1. Introduce a definition for stacked townhouses and introduce it to the Residential
Low Density, Grouped Multiple Dwellings (R4) and Residential Apartment Density
(R5A to R5F) zones
“Stacked townhouse dwelling” means a building containing four or more dwelling units
divided horizontally and vertically, with each dwelling unit having a private entrance to
the grade level.
Add the following use to Sections 7.10.1 (Residential Apartment 5A Density Zone).
7.11.1 (Residential Apartment 5B Density Zone) 7.12.1 (Residential Apartment 5C
Density Zone), 7.13.1 (Residential Apartment 5D Density Zone), 7.14.1 (Residential
Apartment 5E Density Zone) and 7.15.1 (Residential Apartment 5F Density Zone):
(b). Stacked townhouse dwelling
Add the following regulation to Section 7.9.1 (Residential Low Density, Grouped Multiple
Dwellings Zone)
(d) Stacked townhouse dwelling
2. Permit decks and porches to encroach into the privacy yards of block townhouse
units
Revise Section 4.14 of By-law No. 79-200 as follows (new text is bolded)
4.14 YARDS: Every part of every front yard, side yard and rear yard required by the
provisions of this By-law shall be open from the ground to the sky and no such
yard shall be obstructed or occupied by any building, structure, accessory
building, accessory structure or part thereof or projection there from except as
follows:
(a) Sills, belt courses, cornices, chimney breasts, bay windows, pilasters and
similar architectural features and window air conditioning units may project
into any required yard a distance of not more than 0.45 metres;
(b) Unsupported canopies, eaves or gutters, for other than an accessory
building, may project into any required yard a distance of not more than 0.45
metres;
(c) Open balconies not covered by a roof or canopy may project into any
required front yard or rear yard a distance of not more than 1.8 metres and
into any required side yard a distance of not more than 0.45 metres;
(d) Subject to Section 4.27.1, a roofed-over one storey porch may project into a
required front yard, rear yard or privacy yard of a block townhouse
dwelling unit a distance of not more than 2.5 metres provided however that
Page 16 of 23
Page 168 of 549
(i) no enclosure of such porch, other than removable screens and storm
sashes or awnings, shall be erected to a height of more than 1.0 metre
above the floor of such porch, and
(ii) in no event and subject to said Section 4.27.1 shall any part of such porch
be closer than 1.5 metres from any street line;
(e) Fire escapes may project into any required side yard or rear yard a distance
of not more than 1.2 metres;
(f) Accessory buildings and accessory structures where specifically permitted in
a zone, may be erected in accordance with Section 4.13 and the other
applicable provisions of this By-law;
(g) Light standards, fuel pump islands and fuel pumps of automobile service
stations may be erected in accordance with the applicable provisions of this
By-law;
(h) A deck may project into a required front yard a distance of not more than 2.5
metres and into a required rear yard or privacy yard of a block townhouse
dwelling unit a distance of not more than 4 metres [and in no event, and
subject to said Section 4.27.1, shall any part of such deck be closer than 1.5
metres from any street line and closer to the interior and exterior side lot
lines than the minimum interior side yard and exterior side yard widths of the
specific zone.
Note: Privacy yards are the yards that are located behind the rear wall of block
townhouse dwelling units and differ from the rear yard of townhouse dwelling
developments, which would be opposite the front yard of the development.
3. Require a landscaped buffer between a parking area in the front yard and a street
in an R4 or R5 zone
Section 4.19.3 (c) deleted in its entirety and replaced with the following:
Within the R4, R5A, R5B, R5C, R5D,R5E and R5F zones no person shall use any
portion of the front yard of any lot for the parking or storing of any motor vehicle unless
either a landscaped open space strip or a decorative wall or decorative fence and a
landscaped open space strip is provided and maintained along the part of every front lot
line and side lot line which abuts a street, except that part thereof crossed by an access
driveway or sidewalk, an in accordance with the following regulations;
(i) If only a landscaped open space is provided such landscaped open space strip
shall have a minimum width of 3 metres, unless a decorative wall or decorative
fence in accordance with subsection (ii) is provided; in which case the
landscaped open space strip shall have a minimum width of 1.5 metres.
(ii) The height of a decorative wall or fence shall be a minimum of 1 metre above the
average level of the parking area in the front yard.
(iii) Any such decorative wall or fence shall be located a minimum of 1 metre inside
the abutting street line;
Page 17 of 23
Page 169 of 549
(iv) Where a daylighting triangle is required, no such decorative wall or decorative
fence shall be located within such daylighting triangle.
4. Introduce a regulation to require amenity area for residents in apartment dwellings
Add the following definition under Section 2 “DEFINITIONS”:
“Amenity Area” means the area of a lot and/or building intended for the use and
enjoyment of the residents of such lot and/or building, and shall include areas that are
landscaped open spaces, patios, privacy areas, balconies, communal lounges,
swimming pools, play areas, roof decks, sundecks and similar uses, located on the
same lot, but shall not include a building’s service areas, parking lots, aisles or access
driveways, or a landscaped open space strip located along a property line, or along or
within a parking lot or driveway and intended to buffer adjacent properties or to provide
snow storage.
Add the following regulation to Sections 7.10.2 (Residential Apartment 5A Density
Zone). 7.11.2 (Residential Apartment 5B Density Zone) 7.12.2 (Residential Apartment
5C Density Zone), 7.13.2 (Residential Apartment 5D Density Zone), 7.14.2 (Residential
Apartment 5E Density Zone) and 7.15.2 (Residential Apartment 5F Density Zone):
(m). Minimum amenity area 20 sq. m per dwelling unit
Add the following regulation to Section 7.9.2 (Residential Low Density, Grouped Multiple
Dwellings Zone)
(o) Minimum amenity area for an apartment dwelling 20 sq. m. per dwelling unit
Page 18 of 23
Page 170 of 549
APPENDIX “D”
COMMUNITY GARDENS REGULATIONS
Introduce the following definition under Section 2 “DEFINITIONS”
“Community garden” means land used for the growing and harvesting of vegetables,
fruits, grain crops or herbs for the sole use, donation or consumption by the individual or
individuals or the not for profit organization working the community garden and may
include a shed for storing garden material or tools, or a greenhouse, neither exceeding
an area of 10 square metres or a height of 3 metres and complying with all other
regulations under Section 4.13 of this By-law but shall not include a LICENSED
CANNABIS PRODUCTION FACILITY, DESIGNATION MEDICAL GROWTH OF
CANNABIS, a FARM PRODUCE OUTLET or the raising of any animals.
Add the following Section:
4.41 COMMUNITY GARDEN
4.41.1Nothing in this by-law shall prevent the use of any land for a community garden,
save and except in an EPA or a HL zone..
Page 19 of 23
Page 171 of 549
APPENDIX “E”
TEMPORARY PARKING OF RECREATIONAL VEHICLES AND TRAILERS IN
RESIDENTIAL ZONES
Amend subclause v of clauses a and b of Section 4.19.3 PARKING IN YARDS with the
addition of the bolded text below:
(v) Notwithstanding the definition “vehicle”, no person shall park or store a motor
home, a snowmobile, a boat, a personal watercraft, a recreational vehicle or a
trailer in the front yard, side yard or exterior yard of a lot.
This clause shall not apply for the temporary parking of a motor home,
recreational vehicle or trailer, for loading and unloading purposes only, for
a period not exceeding 14 calendar days a year provided that such motor
home, recreational vehicle or trailer is set back from the curb face of
pavement edge of a public street.
Page 20 of 23
Page 172 of 549
APPENDIX F
LOADING SPACE REDUCTION
Proposed Changes
:
Floor Area of Building
or Structure
Current Minimum
Number of Loading
Spaces
Proposed Minimum
Number of Loading Spaces
Up to and including 300
sq. m .
1 none
Over300 sq. m. but not
exceeding 3,700 sq. m
1-2 1
Over 3,700 sq. m. but not
exceeding 9,300 sq. m.
3 2
Over 9,300 sq. m. 3 loading spaces plus 1
additional loading space
for each 4,600 sq. m. of
floor area over the initial
9,300 sq. m
2 loading spaces plus 1
additional loading space for
each 9,300 sq. m. of floor
area over the initial 9,300 sq.
m
Note: Each loading space is to be 9 metre by 3 metres, with an overhead
clearance of 4 metres and with access to a street or lane of at least 6 metres in
width
Page 21 of 23
Page 173 of 549
APPENDIX “G”
TECHNICAL AMENDMENTS TO BY-LAW NO. 79-200
1. Provide definitions in a single alphabetical section without numbering.
Section 2 “DEFINITIONS” is amended by deleting all section numbers and ordering all
definitions in an alphabetical order.
2. Allow for minor technical adjustments without amendment
Add the following section:
“Section 4.39 Technical Revisions to the Zoning By-law
4.39.1 Revisions may be made to this By-law without the need for a Zoning By-law
Amendment in the following cases:
a) Correction of grammar or typographical errors or revisions to format in a manner
that does not change the intent of the regulation;
b) Changes to references to a street name, where Council of the Corporation of the
City of Niagara Falls or the Regional Municipality of Niagara has passed a by-law
to change the street name;
c) Adding or revising technical information on maps or schedules which does not
change the zoning of the lands or amend a zoning boundary including, but not
limited to, addition of or modifications to streets, modifications to street names,
legends, scales or title blocks;
d) Changes to table of contents, headings, marginal notes, page numbering, footers
and headers, which do not form part of this By-law and are inserted or modified
for convenience of reference only.”
3. Rounding of figures to nearest decimal point
Section 4.40.1 Measurements
4.40.1 All measurements of length, area or height used in this By-law shall be
subject to the normal rules of rounding numbers, within the degree of precision
specified by the number of units following the decimal point (if any) so that:
a) For a whole number measurements of less than 0.5 shall be rounded downward
to the next whole unit
b) For a whole number, measurements of 0.5 or greater shall be rounded upward to
the next whole unit
Page 22 of 23
Page 174 of 549
c) For a number having one decimal place, measurements of less than 0.05 shall
be rounded downward to the next one-tenth unit
d) For a number having one decimal place, measurements of 0.05 and greater shall
be rounded upward to the next one-tenth unit.
11. Interpretation of lot frontage where side lot lines are not parallel
Change Section 2.31.5 (LOT FRONTAGE definition) with the deletion of the crossed out
text and the addition of the bolded text:
“….where side lot lines are not parallel, the lot frontage shall be the distance between
the side lot lines measured along a line drawn parallel to the front lot line at the minimum
distance from the front lot line permitted for the erection of buildings or structures at a
distance 6 metres from the nearest point of the front lot line but in no case shall the
width of a lot, measured along the front lot line, be more than 3 metres less than the
minimum lot frontage specified in any of the regulations or supplementary regulations
contained in this By-law.”
Page 23 of 23
Page 175 of 549
Lands Affected by By-law No. 79-200
Zoning By-law Amendment Application
AM-2022-003 –City of Niagara Falls
General Amendments to By-law No. 79-200
Page 176 of 549
A GREAT CITY…FOR GENERATIONS TO COME
Background
•This City initiated amendment
proposes a number of changes to
parent Zoning By-law No. 79-200.
•By-law No. 79-200 covers much of the
City’s land area, encompassing most of
the urban area of the City.
•By-law was passed in 1979.
•From time to time, updates are made
to address contemporary development
trends, or to make housekeeping
changes to help the by-law function
better.
.Page 177 of 549
A GREAT CITY…FOR GENERATIONS TO COME
Open House –June 1/Public Comments
Comment/Concern Staff Response
•Zoning affecting the
Thundering Waters Forest
•No properties are being rezoned. Community gardens
not allowed in zones that accommodate natural
heritage features (i.e. Environmental Protection Area)
•Need for intensification to
provide affordable housing
•To be studied n the new Official Plan process
•Amenity area requirements
may reduce potential for
intensification
•The applicant is not requesting a reduction to the
required parking rate of 1.4 spaces per unit
•Bird friendly windows to
reduce bird mortality
•Addressed through the site plan process
No objections were raised at the open house, however the following comments
have been received in written correspondence.Page 178 of 549
A GREAT CITY…FOR GENERATIONS TO COME
Proposed Changes
Changes to the Residential Mixed
(R3) Zone
•A number of regulations are
recommended to be changed
to provide for more compact
development in newer
greenfield areas to assist the
City in meeting density targets Page 179 of 549
A GREAT CITY…FOR GENERATIONS TO COME
Proposed Changes
Existing Regulation Proposed Regulation
Lot area 370 sq. m detached dwelling
6000 sq.m.semi detached dwelling
200 sq.m townhouse unit
300 sq. m detached dwelling
450 sq.m.semi detached dwelling
160 sq.m townhouse unit
Lot frontage 12-15 m detached dwelling
18-20 m semi detached dwelling
6.5 m townhouse unit
10-12 m detached dwelling
15-17 m semi detached dwelling
6 m townhouse unit
Front yard depth 6 m 3 m to a dwelling and 6 m to a garage
Interior side yard width -townhouse 3 m 1.2 m
Exterior side yard width 4.5 m 3 m for a dwelling and 6 m to a garage
Lot coverage 45%55%
Landscaped open space 30% of the lot area 25% of the lot area
Page 180 of 549
A GREAT CITY…FOR GENERATIONS TO COME
Proposed Changes
Special Building (Front Yard) Setback
•Requires infill dwellings on interior
lots to meet the minimum average
front yard setback of adjacent
dwellings to protect character of
existing neighbourhoods
•Recommend an update this
regulation to state adjacent
dwellings or those that exist on
the day of the passing of this by-
law, rather than 1979 Page 181 of 549
A GREAT CITY…FOR GENERATIONS TO COME
Proposed Changes
Changes affecting apartment dwellings and block townhouse dwellings (to the
Residential Low Density Group Multiple Dwellings (R4) and Residential Apartment
Density (R5A to R5F) Zones)
•Introduce a definition for stacked townhouse dwellings and permit these dwellings in
the R4 and R5A to R5F zones to recognize a newer housing form
•Permit decks and porches to locate in the privacy yards of block townhouse units in
the R4 zone, similar to other ground oriented dwelling units such as detached
dwellings
•Allowing the flexibility of providing either a landscape strip or decorative wall/fence
between a parking area in a front yard and a street in R4 and R5A to R5F zones.
•Require an amenity area of 20 square metres per dwelling unit in future apartment
proposals, for use and enjoyment by residents of the apartment
Page 182 of 549
A GREAT CITY…FOR GENERATIONS TO COME
Proposed Changes
Permit community gardens and associated
sheds and small-scale greenhouses, as of right
•Community gardens are lands used for not
for profit growing of fruits, vegetables and
crops for individual or community groups by
individuals and groups.
•By-law change would clarify that this is a
permitted use and would also permit
associated sheds and greenhouses up to 10
sq. m. in area and 3 metres in height.
•To ensure natural heritage features are not
affected, community gardens are not
recommended in the Environmental
Protection Area and Hazard Land zones
Page 183 of 549
A GREAT CITY…FOR GENERATIONS TO COME
Proposed Changes
Permit the temporary parking of recreational
vehicles/trailers in residential zones for a
period of up to 14 calendar days a year for
the purposes of loading and unloading
•Recreational vehicles/trailers (RVS) are
prohibited in the front and side yards of
residential areas.
•Council directed a zoning amendment be
initiated to allow the temporary parking of
these vehicles for loading and unloading.
•For safety and visibility it is recommended
RVS be set back 5 metres from the curb
Page 184 of 549
A GREAT CITY…FOR GENERATIONS TO COME
Proposed Changes
Loading Spaces for Commercial and Industrial Properties
•The number of loading spaces is recommended to be reduced.
•Reduction is to about ½ to 2/3 of existing requirements
•Will provide businesses with flexibility in determining their loading requirements. Page 185 of 549
A GREAT CITY…FOR GENERATIONS TO COME
Proposed Changes
Other Technical/Housekeeping Changes
•Provide definitions in a single alphabetical section without numbering.
•Allow certain technical revisions without requiring a zoning by-law amendment, for
correcting errors and formatting and changing street names
•Allow the rounding of numerical figures
•Revise the lot frontage interpretation for lots that do not have parallel side lot lines
(i.e. pie shaped lots)Page 186 of 549
A GREAT CITY…FOR GENERATIONS TO COME
Planning Analysis
•The zoning changes conform to Provincial and Regional policies and the Official
Plan
•Changes to the Residential Mixed zone will promote intensification to help meet City
density targets
•Changes to the Special Building Setback regulations will assist in protecting
character of neighbourhoods
•Community gardens assist in food security as well as general recreation, changes
will remove some barriers to this use
•Changes will also allow the safe temporary parking of RVs for loading and unloading
Page 187 of 549
A GREAT CITY…FOR GENERATIONS TO COME
Recommendation
•That Council approve the general
amendments to By-law No. 79-200, as
outlined in report PBD-2022-46.Page 188 of 549
1
From:Engagement Team <notifications@engagementhq.com>
Sent:Friday, May 27, 2022 9:37 AM
To:Let's Talk; Planning Emails
Subject:[EXTERNAL]-Anonymous User completed Have Your Say
Anonymous User just submitted comments to Have Your Say with the responses below.
Please provide your name.
I have commented on the building code in a previous email. I read about another condo in the media and again plead
with the city to include window designs meant to reduce bird collisions in these new builds. https://flap.org/
Please provide your email address.
Provide your comments on the proposed amendments to By-law No. 79-200.
I have commented on the building code for condos in a previous email. I read about another condo in the media and
again plead with the city to include window designs meant to reduce bird collisions in these new builds including this By-
law amendment. https://flap.org/
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Page 189 of 549
1
From:David Yip
Sent:Wednesday, June 1, 2022 1:12 PM
To:Planning Emails
Subject:[EXTERNAL]-79-200 updates
Hello Planning -
I am writing in support of updates to the zoning by-law to allow more compact and intense forms of
development as-of-right. The Niagara Region has is in the midst of a housing crisis and allowing more units to
be built without going through the zoning process will be an important step.
In the same vein, I would be cautious about requiring amenity space for apartments. While amenity space for
apartment residents is desirable, the amenity space requirements should not be so onerous as to make
construction of new units unaffordable. Alternatively there could be a tradeoff to make between parking spaces
and amenity spaces, keeping in mind that the end goal is to house people.
David Yip
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Page 190 of 549
1
From:Eric van Riesen
Sent:Wednesday, June 1, 2022 12:37 PM
To:Planning Emails
Subject:[EXTERNAL]-Zoning By-law No. 79-200
Director of Planning & Development (Kira Dolch),
It is clear that the City of Niagara Falls needs to provide a more liveable and more affordable
opportunity for residents. I believe that single family homes should not be permitted along Regional
roads. Regional roads are the main arteries and public transportation corridors throughout every city,
including Niagara Falls. I believe that the zoning should be amended along all regional roads to allow
for a four or five storey building to be constructed, with mixed use, with commercial units on the main
level, optional office or residential on the second level, and the upper floors to be used for residential.
This would allow for residents to purchase or rent affordable housing units, and be able to locate local
stores and services within walking distance of their home. It addition, it would allow for quicker
access to public transit along those corridors. Great cities around the world such as Paris, London,
New York, all work with this type of planning and building. It frustrates me to see all of these large
single family dwellings being constructed along roads such as Kalar, McLeod and Garner. This would
allow for intensification along planned transportation corridors without creating over intensified areas
that sometimes allow for increased areas of crime and social issues.
Regards,
Eric van Riesen
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Page 191 of 549
1
From:Engagement Team <notifications@engagementhq.com>
Sent:Tuesday, May 31, 2022 6:48 PM
To:Let's Talk; Planning Emails
Subject:[EXTERNAL]-Anonymous User completed Have Your Say
Anonymous User just submitted comments to Have Your Say with the responses below.
Please provide your name.
Joyce Sankey
Please provide your email address.
Provide your comments on the proposed amendments to By-law No. 79-200.
I support these updates to By-law No. 79-200.
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Page 192 of 549
1
From:Engagement Team <notifications@engagementhq.com>
Sent:Wednesday, June 1, 2022 12:20 PM
To:Let's Talk; Planning Emails
Subject:[EXTERNAL]-Anonymous User completed Have Your Say
Anonymous User just submitted comments to Have Your Say with the responses below.
Please provide your name.
Lynda HendryREGARDING DEVELOPMENT ON TWO PROPERTIES ON Hodgson Ave between Watson
and Rysdale Street in VLA LAND GIVEN TO OUR FAMILIES FOLLOWING THE SECOND WORLD
WAR WE ARE SINGLE FAMILY UNITS .DO NOT CHANGE THE ZONING
Please provide your email address.
Provide your comments on the proposed amendments to By-law No. 79-200.
The neighbours have heard that a developer has purchased two properties on Hodgson Ave…one has already
been demolished..we are told upwards of 20 units may be going in..as a 70 year resident of this neighbourhood
I and we are demanding input on any decisions made in this area..we are zoned single family and want to
remain that way
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Page 193 of 549
1
From:DJ
Sent:Wednesday, June 1, 2022 2:35 PM
To:Andrew Bryce
Subject:[EXTERNAL]-Today's "Open House"
Attachments:open-house-notice-Wed-June-1-2022.pdf
Hello Andrew, hope you are doing well.
A friend of mine brought to my attention today's "Open House". Re: "Zoning By-law Amendment Application – City File:
AM-2022-003, General Amendments to Zoning By-law No. 79-200" (notice attached)
I have a couple of questions/concerns, regarding the reasons and/or purpose of the proposed amendments contained in
the notice. Some are ambiguous and not immediately clear.
I am hoping that during the "public" meeting later on, you can address and clarify the following in public way...
1) First, how was this notice distributed and where? I never received a copy. Only found out from a friend who noticed it
on Facebook. Not ideal.
2) In the attached notice, there is a map with boundaries. I extracted the map and attached it below for your reference.
One thing I immediately noticed, is that the boundaries appear to contain the entirety of Thundering Waters forest,
including all PSWs and other significant natural features. If I understand correctly, protected area can't be rezoned like
this. Is this simply a mistake or oversight by the author of the map? If not, there should be more significant notification if
there is any plan or amendment to re-zone the entire Forest. That would need a lot more work and adequate public
notification and real clarification before any such proposal is floated. Please correct me if I'm wrong, but the proposed
amendments should not apply to the many protected areas of the Forest. Seems like a mistake.
3) Why are in-person open houses still not allowed? Everything has opened up for quite some time now, and so should
City Hall be. We're ramping up to bring as many Tourists as possible here, everything else is open, why are there still
barriers to public participation? Seems Remote participation is FAR from ideal for public participation, and I'm having
great difficulty understanding why our Municipal offices are STILL clinging on to Pandemic protocols that Government
does not identify as necessary for the rest of us. Again, Remote participation stinks, and we need to see the end of it,
unless there is due cause, eg. another pandemic wave. For now we should be able to participate IN PERSON. Otherwise,
the Municipality of Niagara Falls appears to be failing to responsibly engage public and allow for proper participation.
I look forward to your reply, and hope there will be some way to tune in to the meeting - will it be on Youtube?
Thanks, Derek Jones
Here's the referenced map - I highlighted the section I referenced above in purple.
Page 194 of 549
2
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Page 195 of 549
PBD-2022-50
Report
Report to: Mayor and Council
Date: July 12, 2022
Title:
26T-11-2019-002 & AM-2019-007
Draft Plan of Subdivision
9234 Sodom Road and Part of Lot 19, Concession 2
Willoughby
Applicant & Agent: Polocorp Inc.
Recommendation(s)
1. That the application to amend the Zoning By-law be approved, subject to the
regulations outlined in this report;
2. That the Plan of Subdivision be draft approved subject to the conditions in the
attached Appendix A;
3. That the notice of decision include a statement that public input has been
received, considered, and has informed the decision of Council;
4. That the Mayor or designate be authorized to sign the draft plan as "approved"
20 days after notice of Council’s decision has been given as required by the
Planning Act, provided no appeals of the decision have been lodged;
5. That draft approval be given for three years, after which approval will lapse
unless an extension is requested by the developer and gra nted by Council; and,
6. That the Mayor and City Clerk be authorized to execute the Subdivision
Agreement and any required documents to allow for the future registration of the
Subdivision when all matters are addressed to the satisfaction of the City
Solicitor.
Executive Summary
Polocorp Inc. has submitted an application to subdivide 3.4 hectares (8.4 acres) of land
on the east side of Sodom Road north of Willick Road.
The application proposes a total of 87-105 dwelling units consisting of 18 detached
dwelling lots, 3 blocks for 37-45 on-street townhouses, 1 block for 18-24 on-street, block
and back-to-back townhouses, 1 block for 14-18 stacked townhouses, 1 block for future
development, 1 block to be conveyed to the abutting land owner, 0.3 metre reserve, and
land to be dedicated as municipal streets. The plan proposes two street extensions
(Streets “6” and “7”) from Street “3” and one street extension from Street “2” o f the draft
approved Chippawa East subdivision plan.
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A draft plan condition will require the Chippawa East subdivision be redlined to remove
two detached lots which abut Street “2”, that will form part of Street “A”, and to relocate
the lots within the proposed Street “5” lands in the Chippawa East plan.
The applicant has also applied to amend Zoning By-law No. 79-200 to zone the proposed
detached lots the Residential R1F Density (R1F) zone, the on -street townhouse blocks a
site specific Residential Mixed (R3) zone, the two multiple residential blocks to site
specific Residential Low Density, Grouped Multiple Dwellings (R4) zones, and the future
development block the Development Holding (DH) zone. The block to be conveyed to
the abutting land owner will remain under Willoughby Zoning By-law No. 395, 1966.
Planning staff recommends the applications, for the following reasons:
• The proposed development conforms to Provincial, Regional, and City policies as
it meets the greenfield density target, provides a variety of housing types, offers
efficient expansion of infrastructure which can support the proposed development
subject to implementation of the recommended conditions, and is transit
supportive;
• The requested residential zones maintain appropriate regulations for the
proposed dwelling types and ensures the proposed development will be
compatible with surrounding properties; and,
• Public concerns regarding infrastructure and traffic safety are addressed through
draft plan conditions. Future site plan applications will review site layout,
elevations, and landscaping for the multiple residential blocks.
The conditions of draft plan approval, which must be satisfied before subdivision
registration, are listed in Appendix A. These conditions address servicing, roads,
parkland cash-in-lieu payment, landscaping, utility installation, and all other matters
related to the development of the subdivision.
Background
Proposal
Polocorp Inc. has submitted an application to subdivide 3.4 hectares (8.4 a cres) of land
on the east side of Sodom Road north of Willick Road. Refer to Schedule 1 for the location
and Schedules 2 and 3 for details of the proposed subdivision.
The application proposes a total of 87-105 dwelling units consisting of 18 detached
dwelling lots, 3 blocks for 37-45 on-street townhouses, 1 block for 18-24 on-street, block
and back-to-back townhouses, 1 block for 14-18 stacked townhouses, 1 block for future
development, 1 block to be conveyed to the abutting land owner, 0.3 metre reserv e, and
land to be dedicated as municipal streets.
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The land is currently zoned Rural in Zoning By-law No. 395-1966 (Willoughby). The
applicant has requested Zoning By-law No. 395-1966 (Willoughby) be amended to have
its regulations not apply to the subject lands with the exception of the block which is be ing
conveyed to the abutting land owner.
In addition, the applicant has also applied to amend Zoning By-law No. 79-200 to zone
the proposed detached lots the Residential R1F Density (R1F) zone, the on-street
townhouse blocks a site specific Residential Mixed (R3) zone, the two multiple residential
blocks site specific Residential Low Density, Grouped Multiple Dwellings (R4) zones, and
the future development block the Development Holding (DH) zone. Refer to Schedule 4
for the proposed zoning schedule.
Site Conditions and Surrounding Land Uses
The subject land contains one detached dwelling, which will be demolished, with fallow
agricultural land at the rear. It is predominately flat with a hedgerow along its northern
boundary which is not a designated natural heritage feature. A single gravel driveway
from Sodom Road provides access to 9200 and 9234 Sodom Road—a block is proposed
to be conveyed to the owner of 9200 Sodom Road to maintain this access.
The subject land is bounded by Sodom Road and low and medium density residential
development to its west; a detached dwelling lot to its north; and the draft approved
Chippawa East subdivision to its north, east, and south.
Circulation Comments
- Niagara Region
• No objections, subject to meeting the conditions listed in Appendix A.
• In regards to servicing, draft plan conditions requires the verification of the
available sanitary sewer capacity and a written undertaking stating the Chippawa
East stormwater management facility must be constructed prior to final approval
of the proposed development alternative the plan may be revised to have
stormwater management facilities on the subject lands.
• An additional draft plan condition requires the submission of a Stage 2
archaeological assessment (and any required subsequent assessments) and
receipt from the Ministry of Heritage, Sport, Tourism and Culture Industries.
• No concerns with traffic volume that will be generated from the proposed
development.
- Building Services
• Building/demolition permits will need to be obtained. Building permit fees and
development charges will be assessed during building permit application review.
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- Business Development, Cogeco, GIS Services, and Legal Services
• No objections.
- Fire Services, Parks & Landscape Services, Municipal Works, Transportation
Services, Bell Canada, Canada Post, and Enbridge
• No objections, subject to meeting the conditions listed in Appendix A.
• Fire Services requires at least two emergency access routes (roadways) that are
accessible and constructed according to City standards prior to the issuance of
any building permits.
• The applicant is responsible to work in conjunction with the abutting Chippawa
East development to ensure continuity and coordination of road grades and
servicing.
• Municipal Works conditions include: the provision of servicing and grading plans
for review and approval, a sidewalk on one side of all internal roads and along
the Sodom Road frontage, and cash in lieu of parkland dedication.
• 5 metre by 5 metre daylight triangles are required at internal street corners.
• Transportation Services will require the placement of two speed control devices
on Street “A”.
Neighbourhood Comments
Neighbourhood open houses were held on July 11, 2019, attended by the applicant’s
agent as well as 2 individuals, and on May 11, 2022, attended by the applicant’s agent
and 7 individuals.
In addition, written comments were received, with 1 resident in op position, and the
abutting Chippawa East developer (Queensway Chippawa Properties Inc. c/o DG Group)
in support of the proposed development.
Those opposed express the following concerns: housing form and density; traffic volumes
and speed; infrastructure capacity; ability of abutting lands to develop; layout of Block 22;
loss of privacy and the existing driveway is utilized by the abutting land owner —only a
portion is proposed to be conveyed.
The abutting Chippawa East developer states the following: are amendable to a red line
plan to revise their draft approved plan of subdivision, based on the current proposal,
once draft plan approval is granted; and, request a condition of draft approval requiring a
cost sharing agreement to address access, servicing, and stormwater management.
The following is noted in response:
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• Discussion on the proposed housing types and density occurs later in this report.
• City and Regional transportation staff have indicated that the roads can support
the development. A condition requires speed control devices.
• Discussion on infrastructure capacity occurs later in this report.
• Draft plan conditions require: the confirmation of capacity, the expansion of
services at the expense of the developer, and Cost Sharing Agreements with the
City where applicable.
• The future development block (Block 25) is intended to be consolidated with the
neighbouring property to provide opportunity for the abutting lands to develop.
The 0.3 metre reserve will need to be lifted. A draft plan condition addresses
future development opportunity.
• Fencing and landscaping will be reviewed upon a future site plan application to
address privacy concerns.
• The conveyance of a 9.15 metre wide parcel of land to the abutting land owner is
a private arrangement.
• Cost sharing agreements between developers is a private matter.
Analysis
1. Provincial Policies
The Planning Act requires City planning decisions to be consistent with the Provincial
Policy Statement and conform to the Provincial “A Place to Grow” Plan. To achieve
compact development and reduce urban sprawl Provincial policies require a minimum
density hectare per in Greenfield jobs 50 of and persons The proposed Areas.
development is consistent and conforms as follows:
• The proposed development satisfies matters of provincial interest as outlined in
Section 2 of the Planning Act;
• The proposed development is within a settlement area, is transit suppor tive,
assists in the creation of a complete community, and minimizes land consumption
and servicing costs;
• The proposed subdivision’s density ranges from 58 - 79 jobs and persons per
hectare which complies with Provincial targets; and,
• The recommended regulations will facilitate the development of land in a manner
that offers a mixture of housing that will accommodate the needs of people of all
ages and abilities while maintaining appropriate levels of health and safety.
2. Regional Official Plan
The subject land is designated as Urban Area (Designated Greenfield Area) in the
Regional Official Plan. The proposed development conforms as follows:
• The proposed development complies with the Regional Greenfield density target
of 50 people and jobs per hectare and offers a variety of housing types; and,
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• The proposed street network offers connectivity to the abutting subdivision and the
proposed development will be sequential and orderly with that of the draft
approved Chippawa East subdivision.
3. City’s Official Plan
The Official Plan designates the subject land as Residential within a Designated
Greenfield Area. The proposed development conforms as follows:
• The lands have been identified for residential development since the 1970’s.
Development will fulfil long standing plans to provide housing for residents;
• The proposed development will have a range of dwelling types with a density of 58
- 79 jobs and persons per hectare, which complies with the minimum 53 people
and jobs per hectare City Greenfield Area density target, contributes to the creation
of a complete community, and is transit supportive;
• It utilizes land efficiently, is designed as a modified grid pattern with appropriate
block lengths, and compatibly integrates with the draft approved Chippawa East
subdivision;
• The extension of municipal services from the draft approved Chippawa East
subdivision is orderly and logical. The developer is required to confirm, to the
Region’s satisfaction, that there is capacity in the sanitary sewer system prior to
final approval. In addition, the developer is required to confirm the construction of
the Chippawa East stormwater management facility; and,
The Official Plan establishes a phasing framework that determines when urban lands are
to be brought on stream, considering development needs and servicing availability. The
subject lands are in the Phase 2 servicing area Later phase areas may be developed
subject to a set of criteria. The proposed subdivision conforms to this criteria as follows:
• The City is required to maintain at least a 3 year short term supply of serviced
vacant land or registered lots for housing development. The City’s inventory of
vacant registered and draft approved land, is less than 5 years, based on a 10 year
absorption rate. Furthermore, the supply of detached lots is about 3 years. Draft
approval of the subdivision will provide necessary housing to meet requirements.
• Nearly all Phase 1 lands have been developed or draft approved. The only
significant Phase 1 area with vacant residential lands is t he Grand Niagara
Secondary Plan. As of this date, zoning and subdivision applications have not
been submitted and it is unknown when these lands will be developed to provide
necessary housing.
• As noted above, servicing and transportation infrastructure exists to service the
lands, subject to fulfillment of recommended conditions. The development
represents an orderly extension of the City’s developed area.
• As the extension of services to service the land will be at the developer’s cost, the
financial risk to the City will be minimized.
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4. Zoning By-law
The subject land is currently zoned Rural in Zoning By-law No. 395, 1966 (Willoughby).
The application requests to amend Zoning By-law No. 395, 1966 (Willoughby) to have its
regulations not apply to the subject lands and to place the lands under Zoning By-law No.
79-200.
Residential Lots and Blocks
The applicant is requesting the detached dwellings be zoned the Residential R1F Density
(R1F) zone, the on-street townhouse dwellings be zoned a site specific Residential Mixed
(R3) zone, and the two medium density residential blocks be zoned to site specific
Residential Low Density, Grouped Multiple Dwellings (R4) zones.
The R1F zone permits a detached dwelling, and accessory buildings and accessory
structures.
The R3 zone permits a detached dwelling, a semi-detached dwelling, a duplex dwelling,
an on-street townhouse dwelling, a triplex dwelling, a quadruplex dwelling, a home
occupation in a detached dwelling or semi-detached dwelling or a duplex dwelling, and
accessory buildings and accessory structures.
The R4 zone permits a townhouse dwelling, an apartment dwelling, group dwellings,
accessory buildings and accessory, and a home occupation in a detached dwelling or
semi-detached dwelling or a duplex dwelling.
Stacked townhouse dwellings are considered to be apartment dwellings.
The changes to the standard R3 regulations are summarized in the following table:
ZONE REGULATION EXISTING REGULATION REQUESTED
REGULATION
Minimum lot area –
For an on-street
townhouse dwelling
200 metres square for
each dwelling unit
195 metres square for
each dwelling unit
Minimum lot frontage-
For an on-street
townhouse dwelling
6.5 metres 6.1 metres
Minimum interior side yard
width-
For an on-street
townhouse dwelling
3 metres 1.5 metres
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ZONE REGULATION EXISTING REGULATION REQUESTED
REGULATION
Maximum height of
building or structure 10 metres 12 metres
The requested zoning is appropriate as follows:
• The R3 zone is intended to regulate on-street townhouse dwellings;
• The requested reduction in the R3 regulations for on-street townhouses
regarding the required minimum lot area, lot frontage, and interior side yard
width is supported as suitable block dimensions are maintained, an
acceptable building envelope remains, and a compact urban form will result;
and,
• The requested increase in the R3 regulations for maximum height is
supported as the minor increase in height will not have a negative impact on
abutting properties.
The changes to the standard R4 regulations for Block 22 are summarized in the
following table:
ZONE REGULATION EXISTING
REGULATION
REQUESTED
REGULATION
Permitted uses In accordance with
Section 7.9.1.
Add:
On-street townhouse and
Back to Back townhouse
dwelling unit in
accordance with the
regulations for a
townhouse dwelling.
Minimum lot area –
For a townhouse
dwelling
250 metres square for
each dwelling unit
230 metres square for
each dwelling unit
Minimum rear yard depth
for a townhouse dwelling 7.5 metres 3 metres
Maximum height of
building or structure 10 metres 12 metres
Minimum privacy yard for
each townhouse dwelling
unit
For a back to back
townhouse dwelling
No regulation
0 metres
For the purposes of this
by-law, a Back to Back A dwelling unit within a
building containing four
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ZONE REGULATION EXISTING
REGULATION
REQUESTED
REGULATION
townhouse dwelling is
defined as:
or more dwelling units
divided by vertical
common walls above
grade, including a
common rear wall.
The requested zoning is appropriate as follows:
• The R4 zone is intended to regulate townhouse and apartment dwellings and the
on-street and back-to-back townhouses will have similar form;
• The requested reduction in the R4 regulations for townhouses regarding the
required minimum lot area and rear yards is supported as suitable block
dimensions are maintained, an acceptable building envelope remains, and a
compact urban form will result. Further, it is noted the rear yard is functioning as
a side yard;
• The requested establishment of a 0 metre regulation for privacy yards for back to
back townhouse dwellings is supported as the dwellings have a shared rear wall
and amenity space may be provided; and,
• The requested increase in the R3 regulations for maximum height is supported as
the resulting height will not have a negative impact on abutting properties.
The changes to the standard R4 regulations for Block 23 are summarized in the following
table:
ZONE REGULATION EXISTING REGULATION REQUESTED
REGULATION
Minimum lot area –
For an apartment dwelling
200 metres square for
each dwelling unit
160 metres square for
each dwelling unit
Minimum rear yard depth-
For an apartment dwelling
10 metres +13.1 metres
from the original centreline
of Sodom Road
6 metres
Maximum height of
building or structure 10 metres 12 metres
Front Lot Line
For the purposes of this
by-law, Street “A” shall be
deemed to be the front lot
line
The requested zoning is appropriate as follows:
• The R4 zone is intended to regulate apartment dwellings;
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• The requested reduction in the R4 regulations for townhouses regarding the
required minimum lot area and rear yard depth is supported as an acceptable
building envelope remains and a compact urban form will result; and,
• The requested increase in the R4 regulations for maximum height is supported
as the resulting height will not have a negative impact on abutting pro perties.
Planning staff support Street “A” being deemed the frontage rather than having two
frontages as the block is a through lot. As a result, to conform to the definitions in Zoning
By-law No. 79-200 Sodom Road will be the rear lot line.
Other Lands
The applicant is requesting the future development block be zoned the Development
Holding (DH) zone.
The DH zone permits existing legal uses. It is expected that the land will be rezoned
when the abutting lands are proposed for development.
Planning staff support the rezoning of the lands to the DH zone.
5. Subdivision Design and Conditions of Approval
The proposed subdivision creates between 78-105 dwelling units, as well as a block
(Block 25) for future development, 0.3 m reserves, and land to be dedicated as municipal
streets. The layout provides street connections to the draft approved Chippawa East
subdivision which must proceed prior to final approval being granted to this plan.
With respect to sanitary servicing capacity concerns, the City has begun to implement the
recommendations of the recent Infiltration and Inflow Study for south Niagara Falls.
Further study of the degree of wet weather flow reduction achieved will be initiated in the
spring of 2022.
There is dry weather flow capacity within City infrastructure to accommodate growth in
this area. The Region is requesting a set of conditions addressing Regional infrastructure,
requiring flow monitoring and capacity confirmation prior to final approval of each phase
of development, to address wet weather flows. Specifications for municipal and private
servicing to limit extraneous flow amounts from the development to permissible levels and
minimize impacts on wet weather flow will be implemented.
With respect to Block 25, a condition requires the land be merged with the abutting land
parcel to the north, upon registration, to facilitate future development opportunities for the
land.
A comprehensive set of conditions, addressing City, Regional, and agency concerns, are
listed in Appendix A and includes the following:
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• Extension of roads and services at the developer’s cost;
• Stormwater management plans will be approved by the Region, NPCA, and City.
The developer is proposing to utilize the Chippawa East stormwater management
facility. Draft conditions requires written confirmation from the Chippawa East
developer regarding the proposed shared facility and its construction;
• Confirmation of servicing capacity to the satisfaction of the Region;
• Opportunities for Cost Sharing Agreements, where appropriate with the City to
upsize services;
• Cash in lieu of parkland dedication as no blocks for parkland are being dedicated
to the City; and,
• All other matters typically covered under the subdivision process (i.e. execution of
a subdivision agreement, provision of utilities and mail service, engineering works,
landscaping, street naming, and necessary fees and securities).
In considering a proposed plan of subdivision, Council shall have regard to the planning
matters listed under Section 51(24) of the Planning Act. The proposed development
complies as follows:
• The proposed development complies with matters of Provincial interest, listed
under Section 2 of the Planning Act, and is not premature as servicing is being
extended and provided with the development of the abutting draft approved
Chippawa East subdivision;
• The proposal conforms to the City’s Official Plan and integrates with adjacent
subdivisions. The land’s configuration is suitable for development. The multi-
residential blocks will require a future draft plan of condominium/site plan
application which will confirm building placement, parking and landscaping, and
amenity space. The majority of the dwelling units back onto the property lines of
existing development;
• Adequate access will be provided from the draft approved Chippawa East
subdivision;
• The proposed development can be adequately serviced by municipal services and
students may attend neighbourhood schools located approximately 1 km from the
property;
• No lands will be conveyed for public purposes;
• The configuration of the proposed development and the construction of the units
will result in an energy efficient design; and,
• The site plan matters such as landscaping, servicing, and lighting are addressed
through draft plan of conditions that will be cleared prior to the execution of the
subdivision agreement that will be registered on title. Works will be secured
through the provision of security that will be held until satisfactorily completed and
certified.
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Operational Implications and Risk Analysis
No operational implications and risk analysis.
Financial Implications/Budget Impact
The proposed development will generate development charge contributions and property
tax revenue for the City. Extension of services is to be at the applicant’s cost. There are
no other financial implications.
Strategic/Departmental Alignment
The proposed subdivision supports the Diverse and Affordable Housing Strategic Priority
by providing housing to meet the needs of people of all ages, incomes and abilities.
List of Attachments
SCHEDULE 1
SCHEDULE 2
SCHEDULE 3
SCHEDULE 4
APPENDIX A
Written by:
Julie Hannah, Planner 2
Submitted by: Status:
Andrew Bryce, Manager, Current Planning Approved
- 04 Jul
2022
Kira Dolch, Director of Planning, Building &
Devlopment
Approved
- 04 Jul
2022
Jason Burgess, CAO Approved
- 05 Jul
2022
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SCHEDULE 1
(Location Map)
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SCHEDULE 2
(Draft Plan of Subdivision)
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SCHEDULE 3
(Preliminary Site Plan)
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SCHEDULE 4
(Proposed Zoning Schedule)
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APPENDIX A
Conditions for Draft Plan Approval
1. Approval applies to the Part of Lot 19, Concession 2 Geographic Township of
Willoughby Draft Plan of Subdivision prepared by Polocorp Inc., dated March 8,
2022, showing 18 lots for detached dwellings, Blocks 19-21, inclusive, for 37-45 on-
street townhouse units, Block 22 for multiple residential (proposed 18-24 on-street
townhouse, block, and back-to-back townhouse dwelling units), Block 23 (proposed
14-18 stacked townhouse dwelling units, Block 24 conveyance of 0.06 ha for
access, Block 25 for future development, and Block 26 for 0.3 m reserve, and streets
that are to be dedicated as private highways.
Planning and Legal
2. The developer enter into a registered Subdivision Agreement with the City to satisfy
all requirements, financial and otherwise, related to the development of the land.
Note: Should any other body wish to have its conditions included in the Subdivision
Agreement, they may be required to become party to the Subdivision Agreement for
the purpose of enforcing such conditions.
The development may proceed in two or more phases. Clearance of conditions and
a separate Subdivision Agreement will be required for each phase. A secondary
emergency access route, to City specifications, shall be provided to the satisfaction
of the City for each phase of development where necessary.
3. The developer submit a Solicitor’s Certificate of Ownership for the subdivision land
to the City Solicitor prior to the preparation of the Subdivision Agreement.
4. The developer receive final approval of the Zoning By-law amendment to provide
land use regulations to guide the development of the subdivision.
5. The developer provide a calculated plan and a letter prepared by an Ontario Land
Surveyor to Planning, Building & Development confirming that all lots and blocks
comply with the Zoning By-law.
6. The developer provide one copy of the pre-registration plan to Planning, Building &
Development and a letter stating how all the conditions imposed have been or are
to be fulfilled.
7. That the subdivision agreement include a clause requiring Block 25- Future
Development be merged upon registration with the abutting land parcel to the north
and that Block 26—0.3 metre reserve be lifted and deemed part of the municipal
right-of-way.
8. That an Urban Design Brief and additional plans/details be submitted for Blocks 18,
21, 22, and 23 to demonstrate enhanced architectural treatments for all corner units
to avoid blank facing walls and in addition, for Block 23, a plan to depict enhanced
architectural treatment for the front facing elevation facing Sodom Road. No board
on board fencing is to be installed along Sodom Road.
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2
Municipal Works
9. The roadways and sidewalks be designed and constructed in accordance with City
standards which, in part, include the following:
(a) Dedication of all new road allowances (Streets A and B to the City as public
highways; all roadways and sidewalks to be constructed to municipal
requirements;
(b) Street A and B to be constructed within an 8 m urban local road platform
width on a 18 m right-of-way, to City standards;
(c) That the centreline of Street A is to align directly with the centre line of Street
7 (in the Chippawa East draft plan of subdivision) and the centre line of Street
B is to align directly with the centre line of Street 7 (in the Chippawa East draft
plan of subdivision);
(d) Dedication of daylighting triangle with 5 metre legs on the northwest corner
of Block 21, southeast corner of Block 19 and northwest and northeast
corners of Street A and Street B;
(e) Dedication of all road allowances and daylight triangles to the City as public
highways and dedication of any 0.3 m reserves deemed necessary;
(f) The developer construct speed control devices, in the fo rm of speed
cushions, on Street A, abutting the south side of Block 19 and the south side
of Block 22. Exact locations will be determined at detailed design. Speed
control measures within the subdivision to the satisfaction of Transportation
Services;
(g) All streets named to the City’s satisfaction;
(h) That the developer construct or provide cash-in-lieu for a 1.5 metre concrete
sidewalk for the frontage of the development along Sodom Road, and
construct a 1.5 metre concrete sidewalk on the entire east side of Street B,
and the entire west and north sides of Street A;
(i) That the Chippawa East draft plan of subdivision be redlined. The developer
be responsible to work in conjunction with the abutting development to ensure
continuity throughout the proposed subdivision. Further coordination will be
required with their future plans to ensure compatibility of road grades and
servicing.
(j) Provide a plan that illustrates building orientation, especially on corner lots,
for addressing purposes.
10. The services be designed and constructed in accordance with City standards which,
in part, include the following:
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3
(a) Extension and provision of municipal water distribution, sanitary sewer and
storm sewer systems at Developer’s cost in accordance with the Ministry of
Environment, Conservation and Parks (MECP) and City standards;
(b) The developer will be responsible for extending existing watermain systems
along Sodom Road as required to service the development. Additional
upsizing of such services will be made to the City’s satisfaction with costs to
be shared with the City as applicable;
(c) The developer will be responsible for connection of sanitary services into the
proposed Chippawa East subdivision. Additional upsizing of such services
will be made to the City’s satisfaction with costs to be shared with the City as
applicable;
(d) The developer will be responsible for extending existing sanitary systems
along Sodom Road as required to service the development. Additional
upsizing of such services including distribution through the development for
looping purposes will be made to the City’s satisfaction with costs to be
shared with the City as applicable;
(e) The developer will be responsible for connecting to the proposed Chippawa
East storm sewers as required to service the development;
(f) In lieu of an on-site stormwater management facility, the applicant is required
to coordinate these efforts and cost share applicable upsizing of such facilities
with the adjacent development;
(g) Review of the local municipal sanitary system to the City’s satisfaction and all
costs associated will be the sole responsibility of the developer including all
required improvements prior to all final approval of the development;
(h) Testing of new municipal watermains shall be completed in the presence of
a Certified Water Operator using the City’s Watermain Commissioning
Checklist;
(i) Weeping tile to be connected to the storm sewer system via sump pumps and
all rainwater leaders to be outlet to grade and directed to front and/or rear
yards;
(j) Provision of an overland flow route to be designed in the right-of-way for major
storm events and constructed in accordance with the MECP Guidelines and
City standards; and
(k) Application of the City’s Lot Grading and Drainage Policy in accordance with
City Standards.
11. The developer submit a Functional Servicing Report, signed by a professional
engineer licensed to practice in the province of Ontario, demonstrating that the
existing and proposed watermains and sanitary sewers are sufficient to service all
phases of the development.
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4
12. The developer submit a Stormwater Management Plan, signed by a professional
engineer licensed to practice in the province of Ontario, confirming that the proposed
storm sewers and stormwater management facilities are sufficient to service all
phases of the development and shall reflect the draft approved plan of subdivision.
It shall be designed and implemented in accordance with the MECP Guidelines and
applicable regulatory Agencies to the satisfaction of the City including all
maintenance accessory works.
13. The developer submit a Geotechnical Report prepared by a qualified geotechnical
engineering consultant, licensed in the province of Ontario, to the satisfaction of
Municipal Works and shall implement any recommendations of the Geotechnical
Report.
14. The developer submit Canada Post’s Plan for placement of community mail boxes
to Transportation staff for review and comments.
15. The developer submit a Hydrant coverage drawing to ensure adequate fire
protection followed by post construction flow testing and labelling of hydrants to City
standard.
16. The developer shall pay the City the required fees for boulevard tree planting
according to the City’s satisfaction in accordance with the cost as shown on the
current City Schedule of Fees, at time of registration.
17. The developer pay the Development Charges in force at the time of execution of the
Subdivision Agreement and Building Permit issuance as per the City’s Development
Charges By-law.
18. The developer grant the City and public utility companies any easements required
to service the subdivision.
19. The developer prepare a street lighting drawing and photometric plan demonstrating
compliance and in accordance with City specifications (as amended).
20. The developer submit the digital data and contract documents in accordance with
the City CAD standards and prepare construction contracts using the City of Niagara
Falls template including the Schedule of Quantities and Unit Prices format.
21. The developer pay the required fees for Engineering Inspection and Administration
for the subdivision.
22. The developer is responsible to obtain all required Agency approvals (i.e. MNR,
NPCA, DFO, Regional Niagara, MTO, MECP, CN, OPG, Hydro One Networks Inc.,
etc.) and is required to apply for a Site Alteration Permit if any works are to be
scheduled to commence prior to full execution of any applicable Municipal
Agreements.
Parks Design
23. The developer shall pay the City cash-in-lieu of parkland dedication, as determined
Page 20 of 26
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5
by a qualified appraiser.
24. Should any subdivision entry features be proposed, details of the features be
provided to Parks Design for review, along with cost estimates for initial construction
and future repair/replacement of the features. Any subdivision entrance features
shall conform to the City’s Entrance Feature Policy.
Fire Services
25. The developer shall ensure that at least two remote emergency access routes
(roadways) are accessible and constructed in accordance with Municipal standards
prior to the issuance of any building permits.
26. Site servicing drawings shall be submitted to the Fire Department demonstrating
conformance to Section 4.6 (Hydrants) of the City of Niagara Falls Engineering
Design Guidelines Manual for review and shall clearly indicate width of all roads,
curbs radii and the location of all fire hydrants.
27. That adequate water for fire fighting purposes be available and accessible with
sufficient volume and/or flow to facilitate firefighting operations prior to the
construction of any building.
28. That parking restrictions be imposed to Fire Services satisfaction prohibiting parking
on one side of road where the asphalt width is less than 8 m or on one side of the
road within residential cul-de-sacs. The subdivision agreement is to specify the
supply and installation of no parking signage are at the cost of the developer.
Bell Canada
29. The developer is hereby advised that prior to commencing any work within the Plan,
the developer must confirm that sufficient wire -line
communication/telecommunication infrastructure is currently available within the
proposed development to provide communication/telecommunication service to the
proposed development. In the event that such infrastructure is not available, the
developer is hereby advised that the developer may be required to pay for the
connection to and/or extension of the existing communication/telecommunication
infrastructure. If the developer elects not to pay for such connection to and/or
extension of the existing communication/telecommunication infrastructure, the
developer shall be required to demonstrate to the municipality that sufficient
alternative communication/telecommunication facilities are available within the
proposed development to enable, at a minimum, the effective delivery of
communication/telecommunication services for emergency management services
(i.e. 911 Emergency Services).
30. The developer enter into an agreement (Letter of Understanding) with Bell Canada
complying with any underground servicing conditions imposed by the municipality,
and if no such conditions are imposed, the developer shall advise the municipality
of the arrangement made for such servicing.
31. The developer acknowledges and agrees to convey any easement(s) as deemed
Page 21 of 26
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6
necessary by Bell Canada to service this new development. The developer further
agrees and acknowledges to convey such easements at no cost to Bell Canada.
The developer agrees that should any conflict arise with existing Bell Canada
facilities where a current and valid easement exists within the subject area, the
developer shall be responsible for the relocation of any such facilities or easements
at their own cost.
Canada Post
32. That Community Mail Boxes (CMBs) be located in locations determined in
cooperation with Canada Post, and that the developer identify these sites on a
display in the sales office and on appropriate maps, information boards and plans.
33. The developer include in all offers of purchase and sale, a statement that advises
the prospective purchaser that the home/business mail delivery will be from a
designated CMB.
34. The developer satisfy all requirements of Canada Post regarding granting necessary
easements for CMBs, concrete pads for CMBs, temporary CMBs, walkways to
CMBs, curb depressions for wheelchair access, informing potential homeowners of
CMB locations, timing of construction and identification of CMBs and related works
on engineering servicing drawings.
Enbridge
35. The applicant shall contact Enbridge Gas Inc.’s Customer Connections department
by emailing CustomerConnectionsContactCentre@Enbridge.com to determine gas
availability, service and meter installation details and to ensure all gas piping is
installed prior to the commencement of site landscaping (including, but not limited
to: tree planting, silva cells, and/or soil trenches) and/or asphalt paving.
36. If the gas main needs to be relocated as a result of changes in the alignment or
grade of the future road allowances or for temporary gas pipe installations pertaining
to phased construction, all costs are the responsibility of the applicant.
37. In the event that easement(s) are required to service this development, and any
future adjacent developments, the applicant will provide the easement(s) to
Enbridge Gas Inc. at no cost.
Regional Municipality of Niagara
38. That the applicant submit a Stage 2 archaeological assessment (and any
required subsequent archaeological assessments), as required by the licensed
archaeologist or Ministry, to the Ministry of Tourism, Culture and Sport
(MTCS) and receive an acknowledgement letter from the MTCS
(copied to Niagara Region) confirming that all archaeological resource concerns
have met licensing and resource conservation requirements prior to any
development on the site. It should be noted that subsequent Stage 3 or 4 study
may be recommended to mitigate any adverse impacts to significant
Page 22 of 26
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7
archaeological resources found on the site through preservation or resource
removal and documentation. If the licensed archaeologist or the Ministry
recommends/requires further Stage 3 or 4 Archaeological Assessments, these
report(s) must also be submitted to and acknowledged by the Ministry, to the
satisfaction of Niagara Region, prior to clearance of this condition. No demolition,
grading or other soil disturbances shall take place on the subject property prior to
the issuance of a letter from the MTCS through Niagara Region confirming that
all archaeological resource concerns have met licensing and resource
conservation requirements.
39. That the following clause be included in the subdivision agreement:
“Should deeply buried archaeological remains/resources be found during
construction activities, all activities impacting archaeological resources must
cease immediately, and the proponent must notify the Archaeology Programs
Unit of the Ministry of Tourism, Culture and Sport (416-212-8886) and contact a
licensed archaeologist to carry out an archaeological assessment in accordance
with the Ontario Heritage Act and the Standards and Guidelines for Consultant
Archaeologists.
In the event that human remains are encountered during construction, all
activities must cease immediately and the local police as well as the Cemeteries
Regulation Unit of the Ministry of Government and Consumer Services (416-326-
8800) must be contacted. In situations where human remains are associated
with archaeological resources, MTCS should also be notified to ensure that the
site is not subject to unlicensed alterations which would be a contravention of the
Ontario Heritage Act.”
40. That the owner provides a written acknowledgement to Niagara Region Planning
and Development Services Department stating that draft approval of this subdivision
does not include a commitment of servicing allocation by Niagara Region as
servicing allocation will not be assigned until the plan is registered and that any pre-
servicing will be at the sole risk and responsibility of the owner.
41. That the owner provides a written undertaking to Niagara Region Planning and
Development Services Department stating that all Offers and Agr eements of
Purchase and Sale or Lease, which may be negotiated prior to registration of this
subdivision shall contain a clause indicating that servicing allocation for the
subdivision will not be assigned until the plan is registered, and a similar clause be
inserted in the subdivision agreement between the owner and the City.
42. That prior to final approval for registration of any phase of this plan of subdivision,
the owner shall submit the design drawings [with calculations] for the sanitary and
storm drainage systems required to service this development and obtain Ministry of
the Environment Compliance Approval under the Transfer of Review Program.
43. That verification of the available wet weather sanitary capacity in the south Niagara
Falls system required to accommodate development, be submitted for review and
approval by the Niagara Region and City of Niagara Falls.
Page 23 of 26
Page 218 of 549
8
44. That prior to approval of the final plan of subdivision or undertaking any on -site
grading or storm servicing, the applicant shall submit the following documents to
Niagara Region for review and approval:
a. A Stormwater Management Report (stamped and signed by a professional
engineer) details the stormwater management plan and associated calculations,
modeling output and engineering drawings;
b. The applicant provides a written acknowledgement (stamped and signed by a
professional engineer) that the stormwater management facility for the Chippawa
East subdivision is sufficient to accommodate the proposed development;
c. Detailed plans of any modifications to the stormwater management facility, if
required, to accommodate the proposed development;
d. Detailed lot grading, servicing and drainage plans, noting both existing and
proposed grades and the means whereby overland flows will be accommodated
across the site; and,
e. Detailed erosion and sedimentation control plans;
45. That the applicant submit a written undertaking to Niagara Region which
acknowledges coordination with the owner of the Chippawa east subdivision (where
the future stormwater management facility will be located) to ensure construction of
the stormwater management facility will coincide with, or be completed prior to, the
proposed development. This condition will not be cleared until the stormwater
management facility is constructed.
46. If the applicant proposes to construct a stormwater management facility on the
subject property, the applicant shall submit a Stormwater Management Report and
all associated engineering drawings to the Niagara Region for review and approval
prior to final approval of the subdivision or the undertaking of any on-site grading or
storm servicing works. A qualified professional engineer must stamp and sign the
submitted documents, in accordance with the Ministry of the Environment,
Conservation, and Parks’ Stormwater Management Planning and Design Manual
(2003) and the Niagara Peninsula Conservation Authority’s Stormwater
Management Guidelines (2010). The required stormwater management
engineering submission shall include (but not be limited to):
a. Detailed lot grading, servicing and drainage plans, noting both existing and
proposed grades and the means whereby overland flows will be accommodated
across the site.
b. Detailed construction phasing of the proposed stormwater management facility
to coincide with phasing of development on the residential lands planned to be
serviced by the stormwater management facility.
c. Detailed erosion and sedimentation control plans.
47. That the subdivision agreement between the applicant and the City contain
Page 24 of 26
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9
provisions whereby the applicant agrees to implement the approved plan(s) required
in accordance with the stormwater management conditions above.
48. Prior to any construction taking place within Regional road allowance the owner shall
obtain a Regional Construction Encroachment Permit. Applications must be made
through the Permits Section of the Niagara Region Public Works Department
(Transportation Services Division).
49. That the applicant ensures that all streets and development blocks can provide an
access in accordance with the Regional Municipality of Niagara Corporate Policy
and By-laws relating to the curbside collection of waste and recycling throughout all
phases of development. Where a through street is not maintained, the applicant
shall provide a revised draft plan to reflect a proposed temporary turnaround/cul-de-
sac with a minimum curb radius of 12.8 metres.
50. That the subdivision agreement between the owner and the City contain a provision
whereby the owner agrees to obtain a certificate from an Ontario Land Surveyor
stating that all existing and new survey evidence is in place at the completion of the
development.
NOTES:
1. Prior to granting final plan approval, the City must be in receipt of written confirmation
that the requirements of each condition have been met and all fees have been paid
to the satisfaction of Niagara Region.
2. Prior to final approval for registration, a copy of the draft subdivision agreement for
the proposed development should be submitted to the Niagara Region for
verification that the appropriate clauses pertaining to any of these conditions have
been included. A copy of the executed agreement shall also be provided prior to
registration.
3. In order to request clearance of the above noted Regional conditions, a letter
outlining how the conditions have been satisfied, together will all studies and reports
(one hardcopy and a PDF digital copy), the applicable review fee, and the draft
subdivision agreement shall be submitted to the Niagara Region by the applicant as
one complete package, or circulated to the Niagara Region by the City of Niagara
Falls.
Clearance of Conditions
Prior to granting approval to the final plan, Planning, Building & Development requires
written notice from applicable City Divisions and the following agencies indicating that
their respective conditions have been satisfied:
Legal Services for Conditions 2 and 3
Planning and Development Services for Conditions 4 to 8 inclusive
Transportation Services for Condition 10
Municipal Works for Conditions 9 to 22 inclusive
Landscape Architect for Conditions 23 to 24 inclusive
Page 25 of 26
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10
Fire Services for Conditions 25 to 28 inclusive
Bell Canada for Conditions 29 to 31 inclusive
Canada Post for Conditions 32 to 34 inclusive
Enbridge for Conditions 35 to37 inclusive
Regional Municipality of Niagara for Conditions 38 to 50 inclusive
Page 26 of 26
Page 221 of 549
Address: 9234 Sodom Road and Part of Lot 19, Concession 2 Willoughby
Applicant: Polocorp Inc.
Proposal: To permit 18 detached dwelling lots, 8 blocks for 41 on-street townhouses, 1 block for 4 on-street, 8
block & 8 back to back townhouses, and 1 block for 16 stacked townhouses.
Additional blocks for future development and roads.
Draft Plan & Zoning By-law
Amendment Applications
26T-11 -2019-002 & AM-2019-007 Page 222 of 549
A GREAT CITY…FOR GENERATIONS TO COME
Location
PROPOSED
DEVELOPMENT
Detached
dwellings
Draft approved
Chippawa East
Subdivision
Patrick
Cummings
Park
Page 223 of 549
A GREAT CITY…FOR GENERATIONS TO COME
Application
•Draft Plan of Subdivision
–To permit 87-105 dwelling units consisting of detached dwellings and
on-street, block, back-to back, and stacked townhouse dwellings
•Zoning By-law Amendment-To place under Zoning By-law No. 79-200
–Residential 1F Density (RIF) zone
–Site specific Residential Mixed (R3) zone
–2 Site specific Residential Low Density Group Multiple Dwelling (R4) zones
–Development Holding (DH) zone
Page 224 of 549
A GREAT CITY…FOR GENERATIONS TO COME
Draft Plan
Page 225 of 549
A GREAT CITY…FOR GENERATIONS TO COME
Site Plan
Multiple Residential
-stacked towns
-back-to-back towns
-block & on-street towns
Detached
On-street
Townhouses
Future Development
Page 226 of 549
A GREAT CITY…FOR GENERATIONS TO COME
Neighbourhood Comments
Concern Staff Response
Housing form and density Proposal meets density requirements
and mixture of housing types is
supported.
Traffic volumes and speed Roads can support the development.
Speed control devices will be installed.
Infrastructure capacity Demonstration of capacity is required
prior to final approval.
Ability of abutting lands to develop Future development block to merge
with abutting lands.
Layout of Block 22 Building placement, fencing,
landscaping to be reviewed at site
plan.
Portion of driveway to be conveyed Private legal arrangement.Page 227 of 549
A GREAT CITY…FOR GENERATIONS TO COME
Policy Review
•The applications are consistent and conform to the Planning Act,
Provincial, Regional, and City policies.
•Staff are supportive of approval of the Draft Plan, subject to conditions,
and approval of the Zoning By-law.Page 228 of 549
A GREAT CITY…FOR GENERATIONS TO COME
Proposed Zoning Relief R3-XX
Regulation Requirement Proposal
Minimum lot area
for an on-street
townhouse
dwelling
200 square metres/
dwelling unit
195 metres/
dwelling unit
Minimum lot
frontage for an on-
street townhouse
dwelling
6.5 metres 6.1 metres
Minimum interior
side yard width
3 metres 1.5 metres
Maximum height 10 metres 12 metres
Page 229 of 549
A GREAT CITY…FOR GENERATIONS TO COME
Proposed Zoning Relief Blk 22 R4-XX
Regulation Requirement Proposal
Permitted Use Add on-street & back to
back townhouse
dwelling
Minimum lot area for a
townhouse dwelling
250 square metres/
dwelling unit
230 metres/ dwelling
unit
Minimum rear yard
depth
7.5 metres 3 metres
Maximum height 10 metres 12 metres
Minimum privacy yard
depth
0 metres (back to back
townhouse dwelling)Page 230 of 549
A GREAT CITY…FOR GENERATIONS TO COME
Proposed Zoning Relief Blk 23 R4-XX
Regulation Requirement Proposal
Minimum lot area for a
townhouse dwelling
200 square metres/
dwelling unit
160 metres/ dwelling
unit
Minimum rear yard
depth
7.5 metres 6 metres
Maximum height 10 metres 12 metres
Front Lot Line Street “A”Page 231 of 549
A GREAT CITY…FOR GENERATIONS TO COME
Recommendation
The Council approve the Draft Plan
and Zoning By-law Amendment
application subject to the
recommendations contained in Staff
report PBD-2022-050.Page 232 of 549
SUBMISSIONS CONCERNING
9234 Sodom Road (Assessment Roll No.: 2725-130-002-14804)
Zoning By-law Amendment Application- City File: AM-2019-007
Draft Plan of Subdivision Application- City File: 26T-11-2019-002
Applicant: Polocorp Inc. (Mike Puopolo)
I reside at 9200 Sodom Road, which is adjacent to the property subject to these applications and
is shown as existing residential on the proposed site plan. The property which is the subject of
these applications was purchased from members of my family. I object to the applications as not
representing good planning for the following reasons:
1. The rezoning of part of the property to R3 and R4 is more intensive than and
inconsistent with the neighbouring property which is all single family. The greater
intensity will unduly load the infrastructure which already cannot handle the
water/waste disposal. Residence in the area are already suffering flooded basements.
There is already concern about the traffic load which would be worsened by the greater
intensity of the use. When the property was sold there were representations made that
the property would be used for higher end housing. The rezoning should be limited to
R1.
2. The proposed red line revision of the already approved subdivision to the north to
remove street #5 road stub flanking our rear yard will harm the overall street network
connectivity of the broader neighbourhood and frustrate walkability + sustainable
transportation objectives. Removing the street will negatively impact our future ability
to adequately develop our lands, particularly the rear yard, as the serviced road access
would no longer be available should Council approve the amendment. Our rear yard
presently contains our septic system and geothermal heat source. This would be altered
when City services become available. Eliminating this future street connection would
force our infrastructure and access to be provided either from Sodom Road. Further,
additional residential neighbours to the rear could also pose additional points of
concern respecting future privacy, lotting geometry and building orientation(s) with
additional development proposals on our land. The street network lacks connectivity
elsewhere, especially towards the south which will funnel all traffic down one (1) street
without any provision for enhanced sidewalk connections to improve walking distance,
at a minimum.
3. Allowing street, A to be extended to our property or extending Part 1 Plan 59R10261 to
the east would allow for access for future development of our property.
Page 233 of 549
4. At the time of the sale of the property to Polocorp Inc., it was represented that the
existing driveway shared by our residence and the residence of my uncle to the south
would become a road which would allow access to our property. Although the applicant
is prepared to sell part of the driveway to us being that part shown as Part 1 Plan
59R10261, the existing driveway is also partially on the property to the south being Part
2 Plan 59R10261. We claim a right to continue to use that driveway and object to it
being included in the site plan and rezoning application.
Respectively submitted,
Garry Beck
Page 234 of 549
P – aa933
May 11, 2022
City of Niagara Falls
Development Planning Department
4310 Queen Street
Niagara Falls, Ontario
L2E 6X5
Attention: Ms. Julie Hannah MA, MCIP, RPP
Planner 2
Re: Polocorp Inc. (Mike Puopolo)
Draft Plan of Subdivision and Zoning By‐law Amendment Applications
City Files AM‐2019‐007 and 26T‐11‐2019‐002
9234 Sodom Road
City of Niagara Falls
Dear Ms. Hannah,
On behalf of Queensway Chippawa Properties Inc. c/o DG Group, we are pleased to provide you
with our comments, which should be taken into consideration as part of the overall review
process of the above noted applications.
As you are aware, Queensway Chippawa Properties Inc. is the adjoining landowner to the north,
east and south of the subject property. The subject property will be dependent on access,
servicing and stormwater management capacity for the lands to develop.
Queensway Chippawa Properties is amendable to red line revising their draft approved plan of
subdivision to accommodate the Polocorp development proposal for access based on the current
road configuration and only once the proposed plan is approved by City of Niagara Council or the
Ontario Land Tribunal, as required. In addition, my client is seeking a condition of draft approval
that requires Polocorp to enter into a cost share agreement with my client that will deal with
such matters, but not limited to, access, servicing and stormwater management.
Lastly, we wish to be notified of any decisions made on the above noted applications.
Page 235 of 549
Should you have any questions, please do not hesitate to contact the undersigned.
Yours truly,
KLM PLANNING PARTNERS INC.
Keith MacKinnon, BA, MCIP, RPP
Partner
cc. Trevor Hall – DG Group
Page 236 of 549
Page 237 of 549
PBD-2022-51
Report
Report to: Mayor and Council
Date: July 12, 2022
Title:
AM-2020-018
Official Plan and Zoning By-law Amendment Application
5500 Marineland Parkway and Lands to the North and
Adjacent to 5500 Marineland Parkway
To permit 183 stacked and 33 block townhouse units and a
parkette on the northern portion and to permit 76 stacked
townhouse units and vacation rental units (VRUs) on the
southern portion
Applicant: Marina (Thundering Waters) Developments Inc.
(Daiyan Adam)
Agent: NPG Planning Solutions (Mary Lou Tanner)
Recommendation(s)
1. That Council approve the Official Plan and Zoning By-law amendments as
detailed in this report to permit 183 stacked and 33 block townhouse units and a
parkette on the northern portion and to permit 76 stacked townhouse units that
may be used as Vacation Rental Units (VRUs) on the southern portion of the
subject lands as separated by Thundering Waters Boulevard, and subject to the
other regulations outlined in this report.
2. That the amending zoning by-law include a Holding (H) provision to require the
implementation of the noise mitigation measures as outlined in the approved
Noise Study as clauses in the plan of condominium and site plan agreements.
Executive Summary
Marina (Thundering Waters) Developments Inc. have requested an Official Plan and
Zoning By-law amendment to permit the development of a total of 292 dwelling units
consisting of 183 stacked and 33 block townhouse units and a parkette on the northern
portion and to permit 76 stacked townhouse units that may be used as VRUs on the
southern portion of the subject lands as separated by Thundering Waters Boulevard.
The applicant has agreed to dedicate the existing private road known as Thundering
Waters Boulevard to the City as an 18 metre right-of-way at the time of vacant land of
condominium registration.
Page 1 of 17
Page 238 of 549
The amendments are recommended, subject to the holding provision to require the
implementation of noise mitigation measures as clauses in the plan of condominium and
site plan agreements, for the following reasons:
• The proposed development conforms to Provincial, Regional, and City policies,
with Council’s approval of the Class 4 designation, as it intensifies land within the
Built-up Area, will assist the City in meeting its intensification targets, and will
provide additional housing choices for residents;
• The requested site specific Residential Low Density, Group Multiple Dwelling
(R4) zones maintains appropriate regulations for the proposed townhouses and
ensures the proposed development will be compatible with surrounding
properties. VRUs are permitted in the Tourist Commercial Designation and as
such they will be limited to the southern portion of the lands; and,
• Public concerns regarding the condition and ownership of Thundering Waters
Boulevard, and tree planting and tree compensation will be addressed at the
draft plan of condominium/site plan stage.
Background
Proposal
Marina (Thundering Waters) Developments Inc. have requested an Official Plan and
Zoning By-law amendment for 2 parcels of land that front onto Marineland Parkway. The
subject land totals approximately 3.41 hectares (8.43 acres), not including the land
comprising the Thundering Waters Boulevard lands and Marineland Parkway road
widening, as shown on Schedule 1.
The applicant is seeking planning approvals for the development of a total of 292 dwelling
units consisting of 183 stacked and 33 block townhouse units and a parkette on the
northern portion and to permit 76 stacked townhouse units that may be used as VRUs on
the southern portion of the subject lands as separated by Thundering Waters Boulevard.
A total of 429 parking spaces are provided on the subject lands and will be shared
between the two portions. Schedule 2 shows details of the proposed development and
Schedule 3 shows its perspectives.
The northern portion is designated Residential, in part, Environmental Conservation Area,
in part, and Tourist Commercial, in part and is within Special Policy Area 54.
The southern portion is designated Tourist Commercial.
The subject land is adjacent to the McLeod Road Intensification Corridor where a height
of 8 storeys and a maximum density of 150 units per hectare may be permitted.
Page 2 of 17
Page 239 of 549
The application requests a Special Policy Area designation be applied to the lands to
permit block townhouses, repeal Special Policy Area 54, and to designate the land as a
Class 4 area pursuant to the Ministry of the Environment and Climate Change (MECP)
Noise Guideline—Stationary and Transportation Sources- Approval and Planning (NPC-
300).
The subject land is zoned Residential Apartment 5E Density (R5E-810 (H)) which permits
two 8 storey apartment buildings containing a maximum 162 dwelling units, in part, and
Tourist Commercial (TC-611), which permits a golf clubhouse, in part, under Zoning By-
law No. 79-200. The applicant is requesting that the lands be placed under two site
specific R4 zones to permit the development consisting of residential and tourist
commercial (VRU) uses.
Site Conditions and Surrounding Land Uses
The subject land is vacant with treed areas found predominately in the northern portion
of the subject land, along Marineland Parkway and abutting the Conrail Drain and CP rail
line.
The subject land is bounded by Marineland Parkway and is in effect separated by
Thundering Waters Boulevard resulting in a northern and southern portion.
Thundering Waters Boulevard is a private road established through an easement created
through consent for the purposes of access for the golf course and a 21 -year easement
for the condominium which is expiring in 2029. Until this is done, the owners of the
abutting condominium and golf course lands have rights over the lands for the purpose
of ingress and egress.
To the north, is a vacant and woodland parcel; to the west, is vacant land that is targeted
for Tourist Commercial development; to the south, is a CP rail line and heavy industry;
and, to the east, is an approved plan of condominium apartment and townhouse
development that is under construction, along with freehold semi-detached dwellings, and
the continuation of Thundering Waters Boulevard that serves as the entrance to the
Green Vista Condominium development and Thundering Waters Golf Course.
Circulation Comments
- Niagara Region
• No objection, subject to the City adopting a Class 4 designation for the subject
land.
• While the treed area is not a Significant Woodland, the Region encourages the
applicant to retain trees where possible and consider opportunities to establish
forest cover off-site.
Page 3 of 17
Page 240 of 549
• Regional staff have been in discussion with the City and applicant regarding the
design for the Thundering Waters Boulevard and Marineland Parkway
intersection. The Region is supportive of Thundering Waters Boulevard
becoming a municipal right-of-way.
- Niagara Peninsula Conservation Authority (NPCA)
• The NPCA has determined that there are no regulated wetlands on the property.
- CP Rail
• Provides a warning clause informing residents of CP operations and the noise
and vibration that may be experienced. In addition, the Proximity Guidelines, in
particular regarding fencing, is to be implemented as the site design progresses.
- Building Services
• Building permits will need to be obtained. Building permit fees and development
charges will be assessed during building permit application review.
- Fire Services and Legal Services
• No objections.
- Business Development
• Does not support residential uses being located near active industrial operations
due to potential negative impacts.
- Landscape Services
• No objections.
• Supports the private parkette for the benefit of residents of this community.
• A future draft plan of condominium condition will require cash -in-lieu of parkland
dedication.
• No site alteration, including tree removal, is to take place until the approval of
future grading and landscape plans submitted at the draft plan of
condominium/site plan stage.
• Opportunities for tree preservation (i.e. in the parkette) should be considered.
Page 4 of 17
Page 241 of 549
- Municipal Works
• No objections to the applications.
• Further discussion regarding Thundering Waters Boulevard will occur at the draft
plan of condominium stage. Conditions will include bringing the private roadway
up to municipal standards as well as transferring and deeming it a municipal
right-of-way.
• Additional comments for future draft plan of condominium and site plan
applications are provided.
- Transportation Services
• No objections to the applications.
• Further discussion regarding Thundering Waters Boulevard will occur at the draft
plan of condominium stage.
Neighbourhood Comments
The neighbourhood open house was held on March 15, 2021, attended by the applicant’s
agents as well as 8 individuals who object.
In addition written comments were received, with 9 residents in opposition.
Washington Mills and Salit Steel expressed support of the application. Both industries
have been in discussion with Marina Homes and have presented the following conditions
of support: the City designates the lands as a Class 4 Area, a holding (H) provision be
applied to the amending by-law to implement the conditions, to enter into agreement for
nominal consideration and compensation, to provide upgraded construction and noise
mitigation measures, to provide acoustic fence, and insert noise warning clauses into
agreements.
Those opposed express the following concerns:
• Traffic movement onto condominium lands.
• Removal of woodland.
• Destruction of wildlife habitat.
• Over-development of land.
• VRUs are not an appropriate use for the land.
• Current property standards issues- garbage, road condition, clock tower in
disrepair.
The following is noted in response:
Page 5 of 17
Page 242 of 549
• The applicant is receptive to Thundering Waters Boulevard becoming a municipal
right-of-way at the time of draft plan of condominium. A condition will require the
roadway and lighting be brought up to municipal standards prior to the City
assuming the street.
• Discussion on woodland and wildlife habitat occurs later in this report.
• The proposed height and density is below the maximum permitted in this area.
The parkette provides amenity area in addition to the private amenity spaces
provided for each unit.
• The application has been revised to request VRUs only be permitted on the
southern portion (76 units) which is designated Tourist Commercial. The
designation permits VRUs. The owners will be required to apply for and receive
a license from the City prior to operating a VRU.
• The redevelopment of the site will eliminate the illegal garbage dumping. The
clock tower is an item that will be discussed with the Region and City further as
detailed engineering plans are prepared for uploading of Thundering Water s
Boulevard.
Analysis
1. Provincial Policies
The Planning Act requires City planning decisions to be consistent with the Provincial
Policy Statement and conform to the Provincial “A Place to Grow” Plan. The proposed
development is consistent and conforms as follows:
• The proposed development satisfies matters of provincial interest as outlined in
Section 2 of the Planning Act;
• The proposed development is within a settlement area, is transit supportive,
assists in the creation of a complete community, and effectively uses land and
infrastructure;
• There are no identified natural heritage features and the lands do not constitute
the habitat of endangered or threatened species; and,
• The recommended designation and regulations, in particular the Class 4
designation, pursuant to the MECP Noise Guideline—Stationary and
Transportation Sources- Approval and Planning (NPC-300), will facilitate the
residential development of the land in a manner that is compatible with the
adjacent industrial uses and maintains appropriate levels of health and safety.
2. Regional Official Plan
The subject land is designated as Urban Area (Built-up Area) in the Regional Official Plan.
The proposed development complies as follows:
• The proposed development contributes to the Regional intensification density
target of 40% and the block and stacked townhouse units will diversify the
Page 6 of 17
Page 243 of 549
housing supply, contribute to the creation of a complete community, and
effectively utilize municipal infrastructure and urban lands;
• The property does not contain any Environmental Protection Area (EPA),
Environmental Conservation Area (ECA), Significant Woodland, wetland, or
provide habitat for significant or species of conservation concern;
• There are no noise concerns providing a Class 4 designation is approved for the
site which will allow for slightly elevated noise levels from its current Class 1
designation to be experienced by residents. The subject lands will be within the
noise level limits for Class 4 as per the NPC-300 Guidelines; and,
• There are no concerns with respect to potential air quality impacts of nearby
industries.
3. City’s Official Plan
The Official Plan designates the northern portion Residential, in part, Environmental
Conservation Area, in part, and Tourist Commercial, in part; and the southern portion is
designated Tourist Commercial. The land is within Special Policy Area 54 that permits 4
and 8 storey apartment buildings with a maximum density of 154 units per hectare subject
to the provision of adequate servicing. The site is also adjacent to the McLeod Road
Intensification Corridor where a height of 8 storeys and a maximum density of 150 units
per hectare may be permitted.
The applicant is requesting that all of the lands be placed under a Special Policy Area
designation to permit block townhouses, repeal Special Policy Area 54, and to designate
the land as a Class 4 area pursuant to the Ministry of the Environment and Climate
Change (MECP) Noise Guideline—Stationary and Transportation Sources- Approval and
Planning (NPC-300).
In considering an Official Plan amendment, Council is to consider the conformity of the
proposal to the general objectives of the Plan, suitability of the site or are a for the
proposed use, compatibility of the proposed use with adjacent land use designations,
need for the use, availability of adequate municipal services, and, facilities for the
proposed uses and its financial implications.
The proposal complies with the intent of the Official Plan as follows:
• The proposal is for a 2 storey block and 3 storey stacked townhouse
development, with a density of 84 units per hectare for the northern portion and a
density of 103 units per hectare for the southern portion (excluding Thundering
Waters Boulevard), in an area that is identified and suitable for intensification;
• The mixture of block and stacked townhouses and household sizes (48 1
bedroom and 155 2 bedroom stacked townhouses, and 33 3 bedroom block
townhouses) will meet the changing needs of residents and assist in creating a
diversified housing stock;
Page 7 of 17
Page 244 of 549
• The proposed development has been designed and oriented to the pedestrian
with the buildings set close to streets, walkways are provided throughout the site,
the majority of the parking is provided below grade with the exception of internal
visitors parking and parking for the block townhouses, and the parkette provides
a communal amenity space for the residents;
• As the approved Environmental Impact Statement and Addendum has
demonstrated that the area does not meet the criteria for the Environmental
Conservation Area designation, the subject lands may be developed;
• The Tree Savings Plan has identified trees that may be preserved on the
property. Of the total 726 trees, 675 trees are identified for removal. There
maybe the opportunity to preserve trees in the parkette and along the perimeter
of the property. Further discussions will occur at the draft plan of condominium
stage which will include conditions for a tree compensation agreement and
landscaping plan. Staff recommend trees removed be compensated at a 2:1
ratio with the tree plantings on site and on City owned lands to maintain the City's
tree cover. A similar ratio (between 1:1 and 3:1) was secured through the
Riverfront subdivision draft approval to compensate for the woodlands there.
The compensation will be further pursued at subsequent condominium or site
plan stages;
• There are municipal services available for the development; and,
• There is no negative impact on the City’s transportation system.
VRUs are a permitted use in the Tourist Commercial designation; therefore, an
amendment to permit the use in the southern portion of the lands is not required.
Staff support VRUs within the Tourist Commercial designation as the lands are targeted
for tourism use, the potential number of units that may be licensed and rented is 76 units,
and the southern portion is separated from surrounding residential areas.
The applicant has requested a Class 4 designation be applied to the subject land.
The subject land has existing residential use permissions and the abutting existing
industries, Salit Steel and Washington Mills, are supportive of the proposed development,
subject to the lands receiving the Class 4 designation.
A Class 4 designation would permit higher sound levels from neighbouring industries than
would be permitted under the current Class 1 (urban-residential) designation levels.
The Noise Study found that Salit Steel and Washington Mills, when operating at the same
time, exceed the permitted Class 1 sound limits that could be experienced at the subject
land, but are in compliance with Class 4 sound level limits.
The Class 4 designation will increase the long term feasibility of both industries as they
operate within acceptable Class 4 sound level limits. Industries are required to be in
compliance with their Environmental Compliance Approvals (ECAs).
Page 8 of 17
Page 245 of 549
In response to the Class 4 sound levels, the proposed development will be required to
have acoustic noise barriers, enhanced noise mitigation construction materials, and noise
warning clauses in all agreements.
Staff support the Class 4 designation of the subject land as the existing Official Pl an
designation and zoning permits residential uses and the existing abutting heavy industries
support this designation, as intended by the NPC-300 Guidelines.
Staff support the permission of block townhouses as they provide an appropriate mixture
in housing.
4. Zoning By-law
The applicant has requested two site specific R4 zones be applied to the entire site to
permit the proposed development.
The R4 zone permits townhouse and apartment (stacked) dwellings.
The departures requested from the standard R4 regulations are summarized in the
following table:
Proposed Zoning for Northern Portion
ZONE REGULATION EXISTING REGULATION REQUESTED
REGULATION
Permitted uses In accordance with
Section 7.9.1
To add:
Home Occupation
Minimum lot area
For a townhouse dwelling
For an apartment/stacked
townhouse dwelling
250 square
metres/dwelling unit
200 square
metres/dwelling unit
Minimum lot area for a
townhouse and/or an
apartment dwelling
118.78 square
metres/dwelling unit
Minimum front yard depth
For an apartment/stacked
townhouse dwelling
7.5 metres + 15.25 metres
from centreline of original
Marineland Parkway road
allowance
3.94 metres + 14.19
metres from centreline of
original Marineland
Parkway road allowance
Page 9 of 17
Page 246 of 549
Proposed Zoning for Northern Portion
Minimum interior side yard
width
One-half height of building
6.9 metres
West lot line
5 metres
Minimum exterior side
yard width
(from Thundering Waters
Boulevard following it
becoming a municipal
right-of-way)
For an apartment/stacked
townhouse dwelling
7.5 metres plus any
applicable distance
specified in section 4.27.1
0.96 metres
0 metres (stairway)
Maximum lot coverage 35 % 38.92 %
Maximum height of
building or structure 10 metres 13.85 metres
Minimum landscaped
open space area
45 square metres for each
dwelling unit (216 units)
9,720 square metres
39.4 square metres for
each dwelling unit
Provided: 8,509.30
Parking requirements
1.4 parking spaces per
dwelling unit (216 units)
303 parking spaces
1.25 parking spaces per
dwelling unit
270 parking spaces
Shared spaces- provided
on the north portion
required by the south
portion: 39 spaces
Total provided: 309
Minimum parking stall
width 3 metres 2.85 metres clear at
column placement
Minimum privacy yard
depth for each townhouse
dwelling unit
7.5 metres 5 metres
Noise mitigation measures
In accordance with a
Class 4 area pursuant to
the MECP Environmental
Noise Guideline-Stationary
and Transportation
Page 10 of 17
Page 247 of 549
Proposed Zoning for Northern Portion
Sources- Approval and
Planning (NPC-300)
Proposed Zoning for Southern Portion
ZONE REGULATION EXISTING REGULATION REQUESTED
REGULATION
Permitted uses In accordance with
Section 7.9.1
To add:
Home Occupation
Vacation Rental Unit
Minimum lot area
For an apartment/stacked
townhouse dwelling
200 square
metres/dwelling unit
109.97 square
metres/dwelling unit
Minimum front yard depth
For an apartment/stacked
townhouse dwelling
7.5 metres + 15.25 metres
from centreline of original
Marineland Parkway road
allowance
7.36 metres + 15.25
metres from centreline of
original Marineland
Parkway road allowance
Minimum exterior side
yard width
(from Thundering Waters
Boulevard following it
becoming a municipal
right-of-way)
For an apartment/stacked
townhouse dwelling
7.5 metres plus any
applicable distance
specified in section 4.27.1
1.09 metres
0 metres (stairway)
Maximum lot coverage 35 % 35.87 %
Maximum height of
building or structure 10 metres 13.78 metres
Minimum landscaped
open space area
45 square metres for each
dwelling unit (76 dwelling
units)
3,420 square metres
24.78 square metres for
each dwelling unit
1,883.40 square metres
Minimum parking stall
width 3 metres 2.85 metres clear at
column placement
Noise mitigation measures
In accordance with a
Class 4 area pursuant to
the MECP Environmental
Page 11 of 17
Page 248 of 549
Proposed Zoning for Southern Portion
Noise Guideline-Stationary
and Transportation
Sources- Approval and
Planning (NPC-300)
The requested zoning is appropriate as follows:
• The R4 zone is intended to regulate block and apartment/stacked townhouse
dwellings. The addition of home occupations for both the northern and southern
portions is supported to facilitate the ability of residents to work from home. The
addition of VRUs in the southern portion only is supported as the use is permitted
in the southern portion’s Tourist Commercial designation and the zoning is adding
the right to use dwellings as VRUS;
• The reduction in the minimum lot area for each block and apartment/stacked
townhouse dwelling is appropriate as a compact built form will result and there will
remain a suitable building envelope;
• The reduction of the minimum interior side yard width for the western lot line of the
northern portion is appropriate as a suitable amount of landscaped open space is
provided and the Conrail Drain abuts this lot line which further separates the block
townhouses from the semi-detached dwellings on the Drain’s opposite side;
• The reduction of the minimum exterior side yard width to 0.96 m etres for the
northern portion and 1.09 metres for the southern portion with a permission for
stairways to encroach to 0 metres is appropriate as this accommodates the
existing curvature of Thundering Waters Boulevard which is being proposed to be
uploaded as an 18 metre municipal right-of-way at the time of draft plan of
condominium;
• The increase in the maximum lot coverage is supported as it is a minor increase
for both portions of land and a suitable amount of landscape and open space will
be provided;
• T will it as supported is building of the maximum in increase he height
accommodate the 3 storey stacked townhouse design which do not abut an
existing residential neighbourhood;
• The reduction to the minimum landscaped open space area is supported as a
suitable amount of landscaped open space is provided on the northern portion of
the land. Both the northern and southern portions of the land will be placed under
the same condominium which will allow the more deficient southern portion to
utilize the northern portion’s parkette;
• The reduction in the parking regulations to the 1.25 parking space per dwelling unit
rate for the northern portion is supported by Transportation Services s taff as
resident and visitor parking needs will be met. No relief is being sought for the
southern portion which is providing parking at a ratio of 2 parking spaces per
dwelling unit to be consistent with the proposed VRU use. Staff support the
applicant’s proposal for shared parking spaces (39 to be provided on the northern
Page 12 of 17
Page 249 of 549
portion to meet the needs of the southern portion) between the two portions of land
that will be separated by Thundering Waters Boulevard. At draft plan of
condominium/site plan stage, a clause will allocate parking to the specific dwelling
units. The allocation of parking for VRUs will be confirmed upon a license
application being submitted to the City for each dwelling proposed to operate as a
VRU;
• The reduction in the minimum parking stall width is supported as Transportation
Services staff have no concerns with traffic mobility and/or safety;
• The reduction to the minimum privacy yard depth for the block townhouses in the
northern portion is supported as a suitable amount of private amenity space is
provided for each resident and there is the additional buffering provided by the
Conrail Drain parcel from its abutting dwelling units; and,
• The noise mitigation measures implement the Class 4 requirements under NPC -
300.
A holding (H) provision is requested by Staff and industry to ensure the implementation
of the noise mitigation measures as outlined in the approved Noise Study.
5. Condominium Approval
The applicant will apply for a vacant land draft plan of condominium applicat ion or site
plan should approvals on the Official Plan and Zoning By-law amendment applications be
granted.
Conditions of draft plan/site plan approval will include: tree preservation, landscape
plans, tree compensation agreements, improvements to Thundering Waters Boulevard to
bring its infrastructure to municipal standards, the dedication of Thundering Waters
Boulevard as a municipal right-of-way, servicing and grading, elevations, noise mitigation
measures, and the inclusion of noise and vibration warning clauses.
Operational Implications and Risk Analysis
No operational implications and risk analysis.
Financial Implications/Budget Impact
The proposed development will generate development charge contributions and property
tax revenue for the City.
Strategic/Departmental Alignment
The proposed development supports the Diverse Housing Strategic Priority by providing
housing to meet the needs of people of all ages, incomes and abilities.
List of Attachments
SCHEDULE 1
SCHEDULE 2
SCHEDULE 3
Page 13 of 17
Page 250 of 549
Written by:
Julie Hannah, Planner 2
Submitted by: Status:
Andrew Bryce, Manager, Current Planning None
Kira Dolch, Director of Planning, Building & Devlopment None
Jason Burgess, CAO None
Page 14 of 17
Page 251 of 549
SCHEDULE 1
(Location Map)
North
Portion
Page 15 of 17
Page 252 of 549
SCHEDULE 2
(Site Plan)
N
Page 16 of 17
Page 253 of 549
SCHEDULE 3
(Perspectives)
Page 17 of 17
Page 254 of 549
Address: 5500 Marineland Parkway
Applicant: Marina (Thundering Waters) Developments Inc.
Proposal: To permit 33 regular and 183 stacked townhouse units and a parkette on
the northern portion and
76 stacked townhouses and permit Vacation Rental Units on the southern portion
Official Plan & Zoning By-law Amendment Applications
AM-2020-018
Page 255 of 549
A GREAT CITY…FOR GENERATIONS TO COME
Location
Single
detached
dwellings
Conrail
Drain
CP Rail Spur
Semi-
detached
dwellings
PROPOSED
DEVELOPMENT
Single
detached
dwellings
Block
townhouse
dwellings
North
Parcel
Page 256 of 549
A GREAT CITY…FOR GENERATIONS TO COME
Applications
•Official Plan Amendment
–Repeal Special Policy Area 54
–Permit Block Townhouses
–Class 4 area pursuant to MECP Noise Guideline-Stationary and
Transportation Sources-Approval and Planning (NPC-300)
•Zoning By-law Amendment
–Two site specific Residential Low Density-Group Multiple Dwelling (R4)
zones.
–Both portions of land request to add Home Occupations. The southern
portion requests to add Vacation Rental Units.
–Both portions to include noise mitigation regulation
Page 257 of 549
A GREAT CITY…FOR GENERATIONS TO COME
Site Plan
Block
townhouse
dwellings
Stacked
townhouse
dwellings
Private
parkette
Page 258 of 549
A GREAT CITY…FOR GENERATIONS TO COME
Perspectives
Page 259 of 549
A GREAT CITY…FOR GENERATIONS TO COME
Neighbourhood Comments
Concern Staff Response
Traffic movement onto condominium
lands
Thundering Waters Boulevard to become
a municipal right-of-way. Signage used
to indicate condominium lands.
Removal of woodland Treed area is not a Significant Woodland
Retain trees where possible
Tree Compensation Agreement
Destruction of wildlife habitat Does not provide habitat for significant
or species of conservation concern
Over-development of land Height and density is below the
maximum permitted in this area
VRUs not appropriate use VRUs are only on the Tourist Commercial
(TC) designated land. VRUs are a
permitted use.Page 260 of 549
A GREAT CITY…FOR GENERATIONS TO COME
Policy Review
•The applications are consistent and conform to the Planning Act, Provincial,
Regional, and City policies.
•Staff are supportive of the proposal, subject to Council’s approval of the Class 4 area
designation, under NPC-300 and a holding (H) provision to implement noise
mitigation measures.Page 261 of 549
A GREAT CITY…FOR GENERATIONS TO COME
Proposed Zoning Relief-R4-XX
Min. privacy yard depth
for each Townhouse
dwelling unit-
5 m
(Required: 7.5 m)
Min. lot area for
townhouse and/or
apartment dwelling
118.78 sq.m/unit
(Replace existing
regulations)
Max. lot coverage
38.92%
(Required: 35%)
Building height
13.85 m
(Permitted: 10 m)
Min. parking stall width
2.85 m
(Required: 3 m)
Min. front yard depth
3.91 m
(Required: 7.5 m)Min. interior side yard
width
5 m
(Required: 6.9 m)
Min. exterior side yard
width
0.96 m/ 0 m to stairway
(Required: 7.5 m)
Min. landscaped open
space
39.4 sq.m/unit
(Required 45
sq.m/unit)
Parking requirements
1.25 parking
spaces/unit
(Required: 1.4 parking
spaces/unit)Page 262 of 549
A GREAT CITY…FOR GENERATIONS TO COME
Proposed Zoning Relief-R4-XX
Min. lot area for
apartment dwelling
109.97 sq.m/unit
(Required: 200
sq.m/unit)
Max. lot coverage
35.87%
(Required: 35%)
Building height
13.78 m
(Permitted: 10 m)
Min. parking stall width
2.85 m
(Required: 3 m)
Min. front yard depth
7.36m
(Required: 7.5 m)
Min. exterior side yard
width
1.09 m/ 0 m to stairway
(Required: 7.5 m)
Min. landscaped open
space
24.78 sq.m/unit
(Required 45
sq.m/unit)Page 263 of 549
A GREAT CITY…FOR GENERATIONS TO COME
Recommendation
The Council approve the Official Plan
and Zoning By-law Amendment
application subject to the
recommendations contained in Staff
report PBD-2022-051.Page 264 of 549
5500 Marineland
Parkway
City of Niagara Falls
Application for Official Plan & Zoning By-law Amendment
For Marina (Thundering Waters & Thundering Waters II)
Developments Inc.
Prepared by:
July 12, 2022
Page 265 of 549
Subject Lands & Surrounding Land Uses
Lot Area: 3.86 ha
Frontage: 293 m (on Marineland Parkway)Page 266 of 549
Proposed Development
Townhouse Units: 292 units
•Regular Towns: 33 units (3-bedroom)
•Stacked Towns: 259 units (1 & 2-bedroom)
Parkette: 0.2 ha
Parking: 436 spaces
Thundering Waters Boulevard upgraded to Municipal standards
Page 267 of 549
Proposed Development
NORTH PARCEL
Units: 216 units
•Regular Towns: 33 units (3-bedroom)
•Stacked Towns: 183 units (1 & 2-bedroom)
Parking: 309 spaces
•33 garage spaces for Regular Towns
•234 underground spaces for Stacked Towns
•42 visitor spaces
Of the 309 spaces, 39 spaces to be shared with South Parcel Page 268 of 549
Proposed Development
SOUTH PARCEL
Stacked Towns: 76 units (1 & 2-bedroom)
•Proposed for Vacation Rental Units
Parking: 127 spaces
•96 underground spaces
•31 visitor spaces
Page 269 of 549
Site Principles & Design
Environmental Impact Review
•Existing wooded area is not considered Significant Woodland
•No Wetland features on-site -confirmed by NPCA
•No natural heritage features of Regional significance are present on-site.
Respecting our Industrial Neighbours
•Class 4 noise designation will increase the long-term feasibility of each industry in
the area.
•Agreements with future residential
occupants will include recommended
warning clauses.Page 270 of 549
Site Principles & Design
Building Housing
•Within McLeod Rd Intensification Corridor. Density allowed: 150 uph vs provided: 90 uph
•The proposed housing model is low-rise with 3 ½ storeys and a partial underground.
Design features
•New parkette for residents
•Eyes on the street benefits
•Provides sidewalk connections
The renderings and colours presented are preliminary and are for built form context only.Page 271 of 549
Page 272 of 549
Page 273 of 549
Zoning By-law Amendment
Existing zone: R5E-H 810
Proposed zone: Site-specific R4
Site-specific Amendments
•Permits Home Occupation
•Permits Vacation Rental Use on South Parcel
•Thundering Waters Blvd as public road requires additional variances
•Includes Noise Mitigation Measures
•Relief required for: Lot Area, Front Yard, Interior Side Yard, Exterior Side Yard, Privacy Yard, Landscaped Open Space, Parking rate and Parking Stall width, Lot coverage and Height of
building
front yard
Page 274 of 549
Supporting Studies
The Official Plan & Zoning By-Law Amendment Application was accompanied by supporting studies:
•Noise and Vibration Report
•Functional Servicing & Stormwater Management Report
•Traffic Impact Study
•Environmental Impact Statement
•Sensitive Land Use Analysis
•Air Quality Assessment
Page 275 of 549
Is consistent with the PPS and conforms with the Growth Plan, the NROP, and the City of Niagara Falls Official Plan.
Creates new housing with a range of housing sizes and types within the McLeod Road Intensification Corridor.
Provides “eyes on the street” and improves pedestrian experience on Marineland Parkway and Thundering Waters Boulevard.
Does not negatively impact natural heritage features and intends to preserve the existing wooded area.
Protects the surrounding industries’ long-term feasibility in the area.
Is an appropriate land use transition between the adjacent Industrial and Residential use.Page 276 of 549
1
From:Stephen Porter
Sent:Monday, March 8, 2021 6:51 PM
To:Julie Hannah
Subject:RE: March 15, 2021 electronic open house
Hi Julie Hannah,
Thank-you for your reply. The information you provide is very interesting.
You say "the golf course was developed and the driveway put in in 2005." I am wondering what prompted the
ECA designation on the subject land in 2005? Who did this and why?
Also, my personal observation is that animals do walk along railway corridors. I imagine they may also walk
along the Conrail Drain land. Since both sections of the subject land may be connected to other wild lands by
these corridors, it may not be appropriate to consider the lands in isolation, but rather as part of a larger
interconnected wild land.
Section 5.3 of the Environmental Impact Study mentions this in passing without giving it thorough
consideration. The Study says:
"A number of existing human-made and natural elements on the subject property provide opportunities for
maintaining and/or enhancing the ecological features and functions following development. These include, but
are not limited to the rail corridor, the Conrail Drain, and individual trees. Rail Corridor – identify
opportunities for natural heritage enhancements along the rail corridor setbacks; identify opportunities for eco-
passages under the rail to facilitate long-term linkage opportunities for amphibians and other small wildlife
Conrail Drain – identify opportunities for natural heritage enhancement within and along the Conrail Drain"
I would propose that a "Millennium Trail" along the Conrail Drain to the Welland River and Hydro Canal
combined with "natural heritage enhancement within and along the Conrail Drain" would provide enhanced
quality of life for all people living in the McLeod Road Intensification Corridor. "Natural heritage enhancement
within and along the Conrail Drain" would, of course, include continuing in perpetuity the ECA designation on
the subject land. The City might consider purchasing a portion of the north parcel of land for use as parking,
parking access, and trail head for a Millennium Trail. This is an opportunity that must be considered now as it
will become increasingly difficult as development continues.
Would you please communicate this suggestion to the appropriate people in City Hall who are involved with the
development of Millennium Trails?
Thank-you.
Regards,
Stephen Porter
Page 277 of 549
2
On 03/08/21, Julie Hannah <jhannah@niagarafalls.ca> wrote:
Good afternoon Stephen,
My colleague informed me that the golf course was developed and the driveway put in in 2005. The ECA designation
was applied to the subject land following that development.
The EIS is subject to review by Environmental Planning staff at the Region. No position has yet been taken on the
proposed development.
Regards,
Julie
Julie Hannah, MES, MA, MCIP, RPP | Planner 2 | Planning, Building and Development | City of Niagara Falls
4310 Queen Street | Niagara Falls, ON L2E 6X5 | (905) 356-7521 ext 4107 | Fax 905-356-2354 | jhannah@niagarafalls.ca
From: CONNIE DUBOWITZ
Sent: Thursday, March 04, 2021 11:41 PM
To: Julie Hannah <jhannah@niagarafalls.ca>
Subject: RE: March 15, 2021 electronic open house
Hi Julie Hannah,
I have read the Environmental Impact Study for the Environmental Conservation Area east of my home here
on Deerbrook Street.
Page 278 of 549
3
I confess I am shocked. How is it possible that Thundering Waters Boulevard was allowed to be constructed
right through the middle of an Environmental Conservation Area?
How is it possible that Thundering Waters was allowed to carve wide mowed grass lawns on each side of the
Thundering Waters Boulevard further destroying the Environmental Conservation Area?
All of this destruction was done without an Environmental Impact Study!
Now an Environmental Impact Study is done on the remaining fragments of the Environmental Conservation
Area, with the conclusion that the ECA is not worth saving and Thundering Waters should further benefit
financially by building housing all over it.
What a disaster!
I suggest that Thundering Waters be required to remove its Boulevard and restore the Environmental
Conservation Area to its original condition. Plus, someone should go to jail.
What is your response?
Regards,
Stephen Porter
On 03/04/21, Julie Hannah <jhannah@niagarafalls.ca> wrote:
Good afternoon Stephen,
Page 279 of 549
4
In response to your questions:
1. The Environmental Conservation Areas were mapped and designated in the Region of Niagara Official Plan
(Amendment 187- 2008) and the City’s Official Plan (environmental policies updated in 2009 to introduce
Environmental Conservation Areas).
2. The City’s Official Plan must comply with the Regional Official Plan. A significant woodland area is mapped as
an Environmental Conservation Area. The Official Plan policies recognize that the extent of the designation
may be further refined through an Environmental Impact Study.
3. The owner’s agent has submitted studies, such as the Environmental Impact Study, with their application to
support their proposed development.
4. The material for the file is found on the link provided—you will need to scroll to the file number AM-2020-018-
-a drop-box link is provided where all the material is found.
Regards,
Julie
Julie Hannah, MES, MA, MCIP, RPP | Planner 2 | Planning, Building and Development | City of Niagara Falls
4310 Queen Street | Niagara Falls, ON L2E 6X5 | (905) 356-7521 ext 4107 | Fax 905-356-2354 | jhannah@niagarafalls.ca
From: CONNIE DUBOWITZ
Sent: Thursday, March 04, 2021 2:07 PM
To: Julie Hannah <jhannah@niagarafalls.ca>
Subject: RE: March 15, 2021 electronic open house
Hi Julie Hannah,
1. When was the Environmental Conservation Area created?
(located to the north of Thundering Waters Blvd and to the east of the Conrail Drain)
2. Why was the Environmental Conservation Area created?
3. Why does Thundering Waters feel that it is OK to build housing where the Environmental Conservation
Area is located?
Page 280 of 549
5
4. You say there is an Environmental Impact Study linked from this page https://niagarafalls.ca/city-
hall/planning/current-planning-applications.aspx
The only EIS that I can find is this one https://niagarafalls.ca/pdf/planning/projects/background-
studies/thunderingwaters-eis-consolidated20160624.pdf
The above Environmental Conservation Area near my home is outside the boundari es of this EIS. Perhaps you
can direct me to a different EIS?
Regards,
Stephen Porter
On 03/04/21, Julie Hannah <jhannah@niagarafalls.ca> wrote:
Good morning Stephen,
The notice of application and open house was mailed to property owners located within 120 m from the subject
land—you are welcome to speak with any of your neighbours about the applications.
Regards,
Julie
Julie Hannah, MES, MA, MCIP, RPP | Planner 2 | Planning, Building and Development | City of Niagara Falls
4310 Queen Street | Niagara Falls, ON L2E 6X5 | (905) 356-7521 ext 4107 | Fax 905-356-2354 | jhannah@niagarafalls.ca
From: CONNIE DUBOWITZ
Sent: Wednesday, March 03, 2021 6:24 PM
To: Julie Hannah <jhannah@niagarafalls.ca>
Subject: RE: March 15, 2021 electronic open house
Page 281 of 549
6
Hi Julie Hannah,
Please tell me which of my neighbors received your letter. I am concerned about the loss of the
Environmental Conservation Area and would like to discuss the situation with them.
Regards,
Stephen Porter
On 03/03/21, Julie Hannah <jhannah@niagarafalls.ca> wrote:
Good morning Stephen,
Thank-you for your message of intent to participate in the open house—the details will be sent to you in a separate
email.
In terms of your questions and concerns, I can provide the following:
1. The southern parcel illustrated in the notice is the area which has the designation Environmental
Conservation Area applied (located to the north of Thundering Waters Blvd and to the east of the Conrail
Drain). This designation may include significant woodlands, significant wildlife habitat, locally significant
wetlands, etc. It is identified as a woodland in the City’s Official Plan mapping. The intention of the
designation is to provide for the protection of natural heritage features while recognizing that the extent of
the designation may be further refined through an Environmental Impact Study (EIS). The applicant did
submit an EIS as part of their application—it is available for public viewing on the City’s website through a
link found on the page link below (along with other studies):
https://niagarafalls.ca/city-hall/planning/current-planning-applications.aspx .
2. Thundering Waters BV- is Thundering Waters Boulevard.
3. The subject land does not contain a provincially significant or locally significant wetland---there is wetland
on abutting lands and the EIS indicates that no portion of the proposed development will impact on abutting
wetland. There are a few deciduous swamp areas on the subject land but as they are small in size and do
not contribute to wildlife functions they have not been identified as part of a wetland complex. When a
Page 282 of 549
7
future site plan application is received the grading and drainage for the proposed development will b e
reviewed at that time. The Conrail Drain is not owned by the Developer—no site alteration to it is proposed.
4. The Conrail Drain land is owned by the municipality. Planning staff are not aware that there are any plans
for trails along it at this time. Parks staff would be able to comment on future trail expansion plans. At site
plan stage, Parks staff could discuss with the Developer the potential to have connectivity on the site to
planned/future City trails.
5. A stacked townhouse is a building containing multiple dwelling units which have common walls between
adjacent dwelling units each of which has its own entrance. The dwellings are layered in storeys and are
part of a condominium.
6. Vacation Rental Units is the generic term rather than using a brand name for units that may be rented for
not more than 28 days to the travelling public and that are licensed for that purpose. The City passed an
Official Plan Amendment and Zoning By-law Amendment to regulate Vacation Rental Units—they were
appealed to the Tribunal and a decision as not yet been made. The Zoning By-law as presented to the
Tribunal would permit Vacation Rental Units in the Tourist Commercial, General Commercial, and Central
Business Commercial zones—there are regulations that would need to be met. As the Tribunal has not made
a decision, the amendments are not yet in effect.
7. The subject lands are considered to be a Class 1 area (residential). The Noise study indicates that abutting
industries will combined exceed Class 1 sound limits but meet Class 4 sound limits. Therefore, the subject
lands need to be classified (designated) as Class 4.
Special Policy Area 54 was previously approved based on a proposal for two apartment dwellings with a maximum
overall density of 154 units per hectare subject to the following policies: a) to ensure the development is compatible
with low density housing located to the southwest, a gradation of building heights will be achieved by restricting
building heights on the westerly half of the land to 4 storeys and the maximum building height of 8 storeys will only
be permitted on the easterly half of the land; and, b) to ensure the provision of adequate servicing infrastructure to
the site, the amending by-law shall include the holding symbol “H”. Prior to the removal of the “H” symbol, the
owner shall enter into a development agreement(s) with the City to provide the servicing infrastructure for the
land. As the developer is proposing to build townhouses and stacked townhouses, Special Policy 54 would not be
applicable.
8. In the R4 zone, a home occupation is permitted in a detached dwelling, semi-detached dwelling, and duplex-
subject to provisions. The applicant is requesting that home occupations be a permitted use in the
townhouse and stack townhouse dwelling units. Currently, home occupations would not be permitted in
townhouse dwellings.
Sincerely,
Julie
Julie Hannah, MES, MA, MCIP, RPP | Planner 2 | Planning, Building and Development | City of Niagara Falls
4310 Queen Street | Niagara Falls, ON L2E 6X5 | (905) 356-7521 ext 4107 | Fax 905-356-2354 | jhannah@niagarafalls.ca
From: CONNIE DUBOWITZ
Sent: Tuesday, March 02, 2021 2:36 PM
To: Julie Hannah <jhannah@niagarafalls.ca>
Subject: March 15, 2021 electronic open house
Page 283 of 549
8
My wife and I wish to participate in the March 15, 2021 electronic open house regarding 5500 Marineland
Parkway.
Stephen Porter and Connie Dubowitz
Niagara Falls
***************************
We have the following initial questions and concerns:
1. We would like to know more about the "Environmental Conservation Area" mentioned on page one of
your letter.
2. On the map on page one of your letter there is something labelled "Thundering Waters BV". What is this?
3. The land in this general area is a former "wet land". When the present subdivision where we live was
built, the developer was required to create a substantial drainage ditch extending from Marineland Parkway
all the way to the Welland River and the hydro canal. The ditch runs along the west side of the proposed
development. Our entire subdivision has swales and is sloped to guide excess storm water into this ditch.
We are concerned that nothing be done to interfere with the drainage ditch in the event of a major flooding
event.
4. The municipality owns the land occupied by the above drainage ditch. This land is one hundred feet wide
and very long. Some time ago, we suggested to the municipal parks committee that a Millenium Trail along
this ditch would connect to the new trail along the Welland River. Thundering Waters is asking for a zoning
Page 284 of 549
9
change. Are they cooperative to the creation of a Millenium Trail along the drainage ditch? Could the
Parkette and a Millenium Trail be joined?
5. Please define "stacked townhouse".
6. We would like to know more about the "vacation rental units". These will be for Air B&B? Does the law
in Niagara Falls allow vacation rental units to be built in a residential area? What potential problems will
come with these vacation rental units?
7. What is a "Class 4 noise designation"? How does this compare to "Special Policy Area and its related
policies" ? What noise are they planning to make? Is noise going to be a problem?
8. Why is it necessary to specifically allow "occupations in townhouse dwellings"? What will be allowed
that goes beyond what is presently permitted in townhouses?
Page 285 of 549
1
From:Stephen Porter
Sent:Thursday, March 11, 2021 2:11 PM
To:Julie Hannah
Subject:RE: March 15, 2021 electronic open house
Hi Julie Hannah,
I accept your suggestion that I provide a formal comment.
I would like to provide something in writing, but we are already very close to the Monday March 15 meeting
date.
If I can get something together by Monday morning, can I drop it off to you at City Hall? Could I phone you
when I am at the door and you can come down and get it?
I realize there is a mail box, but I understand it is opened only once daily in the morning. If I come later, my
package will not be delivered to you until Tuesday.
Thank-you for your assistance,
Stephen Porter
On 03/09/21, Julie Hannah <jhannah@niagarafalls.ca> wrote:
Good afternoon Stephen,
The province initiated designation of environmental features—the Region and subsequently the City designated lands
identified as having environmental features with the understanding that an EIS, such as that submitted with a
development application, would further define and refine the designated areas.
I will provide your comments to Parks staff.
The applicant’s agent will be available at the open house and can answer questions on the reports they submitted.
Page 286 of 549
2
In addition to providing oral comments, you may wish to consider providing formal comments.
Regards,
Julie
Julie Hannah, MES, MA, MCIP, RPP | Planner 2 | Planning, Building, and Development | City of Niagara Falls
4310 Queen Street | Niagara Falls, ON L2E 6X5 | (905) 356-7521 ext 4107 | Fax 905-356-2354 | jhannah@niagarafalls.ca
From: Stephen Porter
Sent: Monday, March 8, 2021 6:51 PM
To: Julie Hannah <jhannah@niagarafalls.ca>
Subject: RE: March 15, 2021 electronic open house
Hi Julie Hannah,
Thank-you for your reply. The information you provide is very interesting.
You say "the golf course was developed and the driveway put in in 2005." I am wondering what prompted the
ECA designation on the subject land in 2005? Who did this and why?
Also, my personal observation is that animals do walk along railway corridors. I imagine they may also walk
along the Conrail Drain land. Since both sections of the subject land may be connected to other wild lands by
these corridors, it may not be appropriate to consider the lands in isolation, but rather as part of a larger
interconnected wild land.
Section 5.3 of the Environmental Impact Study mentions this in passing without giving it thorough
consideration. The Study says:
Page 287 of 549
3
"A number of existing human-made and natural elements on the subject property provide opportunities for
maintaining and/or enhancing the ecological features and functions following development. These include, but
are not limited to the rail corridor, the Conrail Drain, and individual trees. Rail Corridor – identify
opportunities for natural heritage enhancements along the rail corridor setbacks; identify opportunities for eco-
passages under the rail to facilitate long-term linkage opportunities for amphibians and other small wildlife
Conrail Drain – identify opportunities for natural heritage enhancement within and along the Conrail Drain"
I would propose that a "Millennium Trail" along the Conrail Drain to the Welland River and Hydro Canal
combined with "natural heritage enhancement within and along the Conrail Drain" would provide enhanced
quality of life for all people living in the McLeod Road Intensification Corridor. "Natural heritage
enhancement within and along the Conrail Drain" would, of course, include continuing in perpetuity the ECA
designation on the subject land. The City might consider purchasing a portion of the north parcel of land for
use as parking, parking access, and trail head for a Millennium Trail. This is an opportunity that must be
considered now as it will become increasingly difficult as development continues.
Would you please communicate this suggestion to the appropriate people in City Hall who are involved with
the development of Millennium Trails?
Thank-you.
Regards,
Stephen Porter
Page 288 of 549
4
On 03/08/21, Julie Hannah <jhannah@niagarafalls.ca> wrote:
Good afternoon Stephen,
My colleague informed me that the golf course was developed and the driveway put in in 2005. The ECA designation
was applied to the subject land following that development.
The EIS is subject to review by Environmental Planning staff at the Region. No position has yet been taken on the
proposed development.
Regards,
Julie
Julie Hannah, MES, MA, MCIP, RPP | Planner 2 | Planning, Building and Development | City of Niagara Falls
4310 Queen Street | Niagara Falls, ON L2E 6X5 | (905) 356-7521 ext 4107 | Fax 905-356-2354 | jhannah@niagarafalls.ca
From: CONNIE DUBOWITZ
Sent: Thursday, March 04, 2021 11:41 PM
To: Julie Hannah <jhannah@niagarafalls.ca>
Subject: RE: March 15, 2021 electronic open house
Hi Julie Hannah,
I have read the Environmental Impact Study for the Environmental Conservation Area east of my home here
on Deerbrook Street.
I confess I am shocked. How is it possible that Thundering Waters Boulevard was allowed to be constructed
right through the middle of an Environmental Conservation Area?
How is it possible that Thundering Waters was allowed to carve wide mowed grass lawns on each side of the
Thundering Waters Boulevard further destroying the Environmental Conservation Area?
All of this destruction was done without an Environmental Impact Study!
Page 289 of 549
5
Now an Environmental Impact Study is done on the remaining fragments of the Environmental Conservation
Area, with the conclusion that the ECA is not worth saving and Thundering Waters should further benefit
financially by building housing all over it.
What a disaster!
I suggest that Thundering Waters be required to remove its Boulevard and restore the Environmental
Conservation Area to its original condition. Plus, someone should go to jail.
What is your response?
Regards,
Stephen Porter
On 03/04/21, Julie Hannah <jhannah@niagarafalls.ca> wrote:
Good afternoon Stephen,
In response to your questions:
1. The Environmental Conservation Areas were mapped and designated in the Region of Niagara Official Plan
(Amendment 187- 2008) and the City’s Official Plan (environmental policies updated in 2009 to introduce
Environmental Conservation Areas).
2. The City’s Official Plan must comply with the Regional Official Plan. A significant woodland area is mapped as
an Environmental Conservation Area. The Official Plan policies recognize that the extent of the designation
may be further refined through an Environmental Impact Study.
3. The owner’s agent has submitted studies, such as the Environmental Impact Study, with their application to
support their proposed development.
4. The material for the file is found on the link provided—you will need to scroll to the file number AM-2020-
018--a drop-box link is provided where all the material is found.
Page 290 of 549
6
Regards,
Julie
Julie Hannah, MES, MA, MCIP, RPP | Planner 2 | Planning, Building and Development | City of Niagara Falls
4310 Queen Street | Niagara Falls, ON L2E 6X5 | (905) 356-7521 ext 4107 | Fax 905-356-2354 | jhannah@niagarafalls.ca
From: CONNIE DUBOWITZ
Sent: Thursday, March 04, 2021 2:07 PM
To: Julie Hannah <jhannah@niagarafalls.ca>
Subject: RE: March 15, 2021 electronic open house
Hi Julie Hannah,
1. When was the Environmental Conservation Area created?
(located to the north of Thundering Waters Blvd and to the east of the Conrail Drain)
2. Why was the Environmental Conservation Area created?
3. Why does Thundering Waters feel that it is OK to build housing where the Environmental Conservation
Area is located?
4. You say there is an Environmental Impact Study linked from this page https://niagarafalls.ca/city-
hall/planning/current-planning-applications.aspx
The only EIS that I can find is this one https://niagarafalls.ca/pdf/planning/projects/background-
studies/thunderingwaters-eis-consolidated20160624.pdf
Page 291 of 549
7
The above Environmental Conservation Area near my home is outside the boundaries of this EIS. Perhaps
you can direct me to a different EIS?
Regards,
Stephen Porter
On 03/04/21, Julie Hannah <jhannah@niagarafalls.ca> wrote:
Good morning Stephen,
The notice of application and open house was mailed to property owners located within 120 m from the subject
land—you are welcome to speak with any of your neighbours about the applications.
Regards,
Julie
Julie Hannah, MES, MA, MCIP, RPP | Planner 2 | Planning, Building and Development | City of Niagara Falls
4310 Queen Street | Niagara Falls, ON L2E 6X5 | (905) 356-7521 ext 4107 | Fax 905-356-2354 | jhannah@niagarafalls.ca
From: CONNIE DUBOWITZ
Sent: Wednesday, March 03, 2021 6:24 PM
To: Julie Hannah <jhannah@niagarafalls.ca>
Subject: RE: March 15, 2021 electronic open house
Hi Julie Hannah,
Please tell me which of my neighbors received your letter. I am concerned about the loss of the
Environmental Conservation Area and would like to discuss the situation with them.
Page 292 of 549
8
Regards,
Stephen Porter
On 03/03/21, Julie Hannah <jhannah@niagarafalls.ca> wrote:
Good morning Stephen,
Thank-you for your message of intent to participate in the open house—the details will be sent to you in a separate
email.
In terms of your questions and concerns, I can provide the following:
1. The southern parcel illustrated in the notice is the area which has the designation Environmental
Conservation Area applied (located to the north of Thundering Waters Blvd and to the east of the Conrail
Drain). This designation may include significant woodlands, significant wildlife habitat, locally significant
wetlands, etc. It is identified as a woodland in the City’s Official Plan mapping. The intention of the
designation is to provide for the protection of natural heritage features while recognizing that the extent of
the designation may be further refined through an Environmental Impact Study (EIS). The applicant did
submit an EIS as part of their application—it is available for public viewing on the City’s website through a
link found on the page link below (along with other studies):
https://niagarafalls.ca/city-hall/planning/current-planning-applications.aspx.
2. Thundering Waters BV- is Thundering Waters Boulevard.
3. The subject land does not contain a provincially significant or locally significant wetland---there is wetland
on abutting lands and the EIS indicates that no portion of the proposed development will impact on
abutting wetland. There are a few deciduous swamp areas on the subject land but as they are small in size
and do not contribute to wildlife functions they have not been identified as part of a wetland
complex. When a future site plan application is received the grading and drainage for the proposed
development will be reviewed at that time. The Conrail Drain is not owned by the Developer—no site
alteration to it is proposed.
4. The Conrail Drain land is owned by the municipality. Planning staff are not aware that there are any plans
for trails along it at this time. Parks staff would be able to comment on future trail expansion plans. At site
plan stage, Parks staff could discuss with the Developer the potential to have connectivity on the site to
planned/future City trails.
5. A stacked townhouse is a building containing multiple dwelling units which have common walls between
adjacent dwelling units each of which has its own entrance. The dwellings are layered in storeys and are
part of a condominium.
Page 293 of 549
9
6. Vacation Rental Units is the generic term rather than using a brand name for units that may be rented for
not more than 28 days to the travelling public and that are licensed for that purpose. The City passed an
Official Plan Amendment and Zoning By-law Amendment to regulate Vacation Rental Units—they were
appealed to the Tribunal and a decision as not yet been made. The Zoning By-law as presented to the
Tribunal would permit Vacation Rental Units in the Tourist Commercial, General Commercial, and Central
Business Commercial zones—there are regulations that would need to be met. As the Tribunal has not
made a decision, the amendments are not yet in effect.
7. The subject lands are considered to be a Class 1 area (residential). The Noise study indicates that abutting
industries will combined exceed Class 1 sound limits but meet Class 4 sound limits. Therefore, the subject
lands need to be classified (designated) as Class 4.
Special Policy Area 54 was previously approved based on a proposal for two apartment dwellings with a maximum
overall density of 154 units per hectare subject to the following policies: a) to ensure the development is
compatible with low density housing located to the southwest, a gradation of building heights will be achieved by
restricting building heights on the westerly half of the land to 4 storeys and the maximum building height of 8
storeys will only be permitted on the easterly half of the land; and, b) to ensure the provision of adequate servicing
infrastructure to the site, the amending by-law shall include the holding symbol “H”. Prior to the removal of the
“H” symbol, the owner shall enter into a development agreement(s) with the City to provide the servicing
infrastructure for the land. As the developer is proposing to build townhouses and stacked townhouses, Special
Policy 54 would not be applicable.
8. In the R4 zone, a home occupation is permitted in a detached dwelling, semi-detached dwelling, and
duplex- subject to provisions. The applicant is requesting that home occupations be a permitted use in the
townhouse and stack townhouse dwelling units. Currently, home occupations would not be permitted in
townhouse dwellings.
Sincerely,
Julie
Julie Hannah, MES, MA, MCIP, RPP | Planner 2 | Planning, Building and Development | City of Niagara Falls
4310 Queen Street | Niagara Falls, ON L2E 6X5 | (905) 356-7521 ext 4107 | Fax 905-356-2354 | jhannah@niagarafalls.ca
From: CONNIE DUBOWITZ
Sent: Tuesday, March 02, 2021 2:36 PM
To: Julie Hannah <jhannah@niagarafalls.ca>
Subject: March 15, 2021 electronic open house
My wife and I wish to participate in the March 15, 2021 electronic open house regarding 5500 Marineland
Parkway.
Page 294 of 549
10
Stephen Porter and Connie Dubowitz
Niagara Falls
***************************
We have the following initial questions and concerns:
1. We would like to know more about the "Environmental Conservation Area" mentioned on page one of
your letter.
2. On the map on page one of your letter there is something labelled "Thundering Waters BV". What is
this?
3. The land in this general area is a former "wet land". When the present subdivision where we live was
built, the developer was required to create a substantial drainage ditch extending from Marineland Parkway
all the way to the Welland River and the hydro canal. The ditch runs along the west side of the proposed
development. Our entire subdivision has swales and is sloped to guide excess storm water into this ditch.
We are concerned that nothing be done to interfere with the drainage ditch in the event of a major flooding
event.
4. The municipality owns the land occupied by the above drainage ditch. This land is one hundred feet
wide and very long. Some time ago, we suggested to the municipal parks committee that a Millenium Trail
along this ditch would connect to the new trail along the Welland River. Thundering Waters is asking for a
zoning change. Are they cooperative to the creation of a Millenium Trail along the drainage ditch? Could
the Parkette and a Millenium Trail be joined?
5. Please define "stacked townhouse".
Page 295 of 549
11
6. We would like to know more about the "vacation rental units". These will be for Air B&B? Does the law
in Niagara Falls allow vacation rental units to be built in a residential area? What potential problems will
come with these vacation rental units?
7. What is a "Class 4 noise designation"? How does this compare to "Special Policy Area and its related
policies" ? What noise are they planning to make? Is noise going to be a problem?
8. Why is it necessary to specifically allow "occupations in townhouse dwellings"? What will be allowed
that goes beyond what is presently permitted in townhouses?
Page 296 of 549
1
From:Paula Scott
Sent:Sunday, March 14, 2021 1:55 PM
To:Julie Hannah
Subject:Julie Hannah
Hello my name is Paula Scott I got a LETTER DO YOU NO WANT IT SEND, YOU NEED MORE LAND
TO BUILD, this land was to be protected for animals ,no the way your going is not right you all ready
there housing and building here this is to mush your hurting the animals i live here i should no builders money
city hall lying, there talking little more each yr I will not vote you in again Iam not go at writing call me
you people are trouble you never stop you should be in jail thank you Paula Scott
Page 297 of 549
1
From:Carol Francois
Sent:Monday, March 15, 2021 2:46 PM
To:Julie Hannah; Jim Diodati
Subject:planning dept #AM-2020-018 (Thundering waters)
Follow Up Flag:Follow up
Flag Status:Flagged
City of Niagara Falls City Hall – I am writing this letter regarding the proposed
housing development by Thundering Waters to build on the land east of
Deerbrook Street and the impact this will have on the wildlife in the area.
I live at and back onto the Hydro line field. In the past 10
years I have lived here, I have witnessed deer wandering, eating, laying in that
field, many coyotes and numerous skunks, rabbits and squirrels.
At times during late nights and early mornings I have witnessed deer and coyotes
crossing Mcleod Road and Alex Avenue as well as coyotes on my street –
Street.
If the proposed new housing development will have a 10 ft high wood fence, then
how will these animals be able to move around to find food and shelter at
different times of the day/night and all seasons of the year ??
Please reconsider this large housing development in this small wooded area
Thank you
Carol Francois
Page 298 of 549
1
From:Carey Campbell
Sent:Monday, March 15, 2021 3:05 PM
To:Alex Herlovitch; Ken Todd
Subject:FW: Official Zoning and By-Law Amendment Application-City File: AM-2020-018
From: Jan Low
Sent: Monday, March 15, 2021 3:01 PM
To: lori.lococo.city@bell.net; CouncilMembers <councilmembers@niagarafalls.ca>
Subject: Official Zoning and By-Law Amendment Application-City File: AM-2020-018
Dear City Councillors,
I am a resident of Thundering Waters Condominium (Niagara South Vacant Land Condo Corp. No. 118)
and am writing in opposition to the request for the zoning by-law amendment with reference to
Assessment Role No.: 2725-080-003-14902-north parcel and 2725-080-003-14815-south parcel. The
notice of application shows a Schedule 1 which is a plan for the development of a residential area. I am
in strong opposition to the request to allow vacation rental units in this residential area! I understand
that the parcel of land is currently in part zoned Tourist Commercial as a result of that land being
originally owned by the Thundering Waters Golf Club. It appears that the developer is trying to take
advantage of City Council in trying to retain that early designation for the purpose of allowing vacation
rentals in a totally residential development. The City has a by-law that restricts vacation rentals in all
residential neighbourhoods and council should enforce that by-law here! If Council does not, it will set a
precedent and we’ll soon see moves to circumvent the existing by-law and permit vacation rentals in
residential areas.
I believe as councillors, you will not give in to developers like this trying to change the rules for their
benefit. I trust that you will act to respect the interests of your constituents and those of us who call this
City our home.
Sincerely,
Janice and David Low
Niagara Falls, ON
L2G0A8
Page 299 of 549
1
From:Stephen Porter
Sent:Tuesday, March 16, 2021 3:14 PM
To:Julie Hannah
Subject:RE: March 15, 2021 electronic open house
Hi Julie Hannah,
I enjoyed the Open House Zoom meeting yesterday.
Please confirm that the meeting was recorded and the City will keep the recording.
I believe the recording contains evidence of a crime having been committed.
You told me that the Environmental Conservation Area (ECA) was created AFTER Thundering Waters
Boulevard and its grassy strip were created. Are you sure about that? Could the grassy strip have been created
or enlarged later?
Mr. Joe Mrozek complained about illegal cutting of trees. He can show you where the trees were cut.
It was suggested during the meeting that the tree cutting was for the purpose of reducing the size of the wooded
area to below the minimum 2 hectares required in order to be considered as ECA (Significant Woodland). See
section 5.3 of the Colville Environmental Impact Statement.
A representative of the developer responded that the tree cutting was legal. This indicates that he knew about
the tree cutting and that it was done at the initiative of the developer. However, it is definitely illegal to cut
trees in an Environmental Conservation Area, so his response that the tree cutting was legal is incorrect.
Why would the ECA have been created too small? It would not have been. When it was created, it would have
been the correct size.
How could Thundering Waters convince a developer to purchase ECA land for development? Did Thundering
Waters suggest to the purchaser that all he needed to do was cut some trees to reduce the size of the wooded
area to below 2 hectares, and then after a passage of some time apply to have the ECA designation removed
because the woodlot was now too small?
Or perhaps it was the developer's idea? Why would the developer purchase the ECA land unless he had a plan
for its development? The cutting of the trees was deliberate!
Consider that the developer did not fill potholes in the road, or clear snow from the road, or maintain the
ornamental clock at the entrance. No money was spent except to cut trees. Wh y was cutting protected ECA trees
so important to the developer that he would risk being caught and punished? The answer is obvious.
Regardless of who came up with the idea, the ECA was purchased, the trees were illegally/criminally cut, the
ECA (Significant Woodland) became less than 2 hectares, and now the developer is seeking permission to
develop the land.
Page 300 of 549
2
Is the City going to reward the developer for his crime and give him what he wants?
Rather than reward the developer for his crime, I suggest that the cutting of the trees be fully investigated. Is
there a statute of limitations for this crime? Probably not. The Niagara Peninsula Conservation Authority may
be willing to assist with investigation and enforcement.
I believe the name of the tree cutting company was mentioned during the meeting. In exchange for
confidentiality and immunity from prosecution, perhaps they might provide copies of the invoice for the job and
all written instructions.
You could then create a paper trail. Date of construction of the Thundering Waters Boulevard. Date of creation
of the ECA. Date of sale to the developer. Date of tree cutting.
The ECA must be restored to its correct size or the developer will appeal a denial of his application to the
Ontario Municipal Board.
City employees should give some thought to their own legal situation. If they side with the developer, they
become accomplices.
Regards,
Stephen Porter
On 03/11/21, Julie Hannah <jhannah@niagarafalls.ca> wrote:
Hi Stephen,
You don’t need to provide written comments by March 15th—we accept written comments on a file until Council makes
its decision. Comments received will be included on Council’s agenda the night of the public meeting (you will receive
notice when that is occurring).
We have security at the front door who are providing access and accepting mail if you do not want to leave it outside of
the building in a box (during office hours).
Julie
Julie Hannah, MES, MA, MCIP, RPP | Planner 2 | Planning, Building, and Development | City of Niagara Falls
Page 301 of 549
3
4310 Queen Street | Niagara Falls, ON L2E 6X5 | (905) 356-7521 ext 4107 | Fax 905-356-2354 | jhannah@niagarafalls.ca
From: Stephen Porter
Sent: Thursday, March 11, 2021 2:11 PM
To: Julie Hannah <jhannah@niagarafalls.ca>
Subject: RE: March 15, 2021 electronic open house
Hi Julie Hannah,
I accept your suggestion that I provide a formal comment.
I would like to provide something in writing, but we are already very close to the Monday March 15 meeting
date.
If I can get something together by Monday morning, can I drop it off to you at City Hall? Could I phone you
when I am at the door and you can come down and get it?
I realize there is a mail box, but I understand it is opened only once daily in the morning. If I come later, my
package will not be delivered to you until Tuesday.
Thank-you for your assistance,
Stephen Porter
Page 302 of 549
4
On 03/09/21, Julie Hannah <jhannah@niagarafalls.ca> wrote:
Good afternoon Stephen,
The province initiated designation of environmental features—the Region and subsequently the City designated lands
identified as having environmental features with the understanding that an EIS, such as that submitted with a
development application, would further define and refine the designated areas.
I will provide your comments to Parks staff.
The applicant’s agent will be available at the open house and can answer questions on the reports they submitted.
In addition to providing oral comments, you may wish to consider providing formal comments.
Regards,
Julie
Julie Hannah, MES, MA, MCIP, RPP | Planner 2 | Planning, Building, and Development | City of Niagara Falls
4310 Queen Street | Niagara Falls, ON L2E 6X5 | (905) 356-7521 ext 4107 | Fax 905-356-2354 | jhannah@niagarafalls.ca
From: Stephen Porter <
Sent: Monday, March 8, 2021 6:51 PM
To: Julie Hannah <jhannah@niagarafalls.ca>
Subject: RE: March 15, 2021 electronic open house
Hi Julie Hannah,
Thank-you for your reply. The information you provide is very interesting.
You say "the golf course was developed and the driveway put in in 2005." I am wondering what prompted the
ECA designation on the subject land in 2005? Who did this and why?
Also, my personal observation is that animals do walk along railway corridors. I imagine they may also walk
along the Conrail Drain land. Since both sections of the subject land may be connected to other wild lands by
Page 303 of 549
5
these corridors, it may not be appropriate to consider the lands in isolation, but rather as part of a larger
interconnected wild land.
Section 5.3 of the Environmental Impact Study mentions this in passing without giving it thorough
consideration. The Study says:
"A number of existing human-made and natural elements on the subject property provide opportunities for
maintaining and/or enhancing the ecological features and functions following development. These include,
but are not limited to the rail corridor, the Conrail Drain, and individual trees. Rail Corridor – identify
opportunities for natural heritage enhancements along the rail corridor setbacks; identify opportunities for
eco-passages under the rail to facilitate long-term linkage opportunities for amphibians and other small
wildlife Conrail Drain – identify opportunities for natural heritage enhancement within and along the
Conrail Drain"
I would propose that a "Millennium Trail" along the Conrail Drain to the Welland River and Hydro Canal
combined with "natural heritage enhancement within and along the Conrail Drain" would provide enhanced
quality of life for all people living in the McLeod Road Intensification Corridor. "Natural heritage
enhancement within and along the Conrail Drain" would, of course, include continuing in perpetuity the ECA
designation on the subject land. The City might consider purchasing a portion of the north parcel of land for
use as parking, parking access, and trail head for a Millennium Trail. This is an opportunity that must be
considered now as it will become increasingly difficult as development continues.
Would you please communicate this suggestion to the appropriate people in City Hall who are involved with
the development of Millennium Trails?
Thank-you.
Regards,
Stephen Porter
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6
On 03/08/21, Julie Hannah <jhannah@niagarafalls.ca> wrote:
Good afternoon Stephen,
My colleague informed me that the golf course was developed and the driveway put in in 2005. The ECA designation
was applied to the subject land following that development.
The EIS is subject to review by Environmental Planning staff at the Region. No position has yet been taken on the
proposed development.
Regards,
Julie
Julie Hannah, MES, MA, MCIP, RPP | Planner 2 | Planning, Building and Development | City of Niagara Falls
4310 Queen Street | Niagara Falls, ON L2E 6X5 | (905) 356-7521 ext 4107 | Fax 905-356-2354 | jhannah@niagarafalls.ca
From: CONNIE DUBOWITZ
Sent: Thursday, March 04, 2021 11:41 PM
To: Julie Hannah <jhannah@niagarafalls.ca>
Subject: RE: March 15, 2021 electronic open house
Hi Julie Hannah,
I have read the Environmental Impact Study for the Environmental Conservation Area east of my home here
on Deerbrook Street.
Page 305 of 549
7
I confess I am shocked. How is it possible that Thundering Waters Boulevard was allowed to be constructed
right through the middle of an Environmental Conservation Area?
How is it possible that Thundering Waters was allowed to carve wide mowed grass lawns on each side of the
Thundering Waters Boulevard further destroying the Environmental Conservation Area?
All of this destruction was done without an Environmental Impact Study!
Now an Environmental Impact Study is done on the remaining fragments of the Environmental Conservation
Area, with the conclusion that the ECA is not worth saving and Thundering Waters should further benefit
financially by building housing all over it.
What a disaster!
I suggest that Thundering Waters be required to remove its Boulevard and restore the Environmental
Conservation Area to its original condition. Plus, someone should go to jail.
What is your response?
Regards,
Stephen Porter
On 03/04/21, Julie Hannah <jhannah@niagarafalls.ca> wrote:
Good afternoon Stephen,
Page 306 of 549
8
In response to your questions:
1. The Environmental Conservation Areas were mapped and designated in the Region of Niagara Official Plan
(Amendment 187- 2008) and the City’s Official Plan (environmental policies updated in 2009 to introduce
Environmental Conservation Areas).
2. The City’s Official Plan must comply with the Regional Official Plan. A significant woodland area is mapped
as an Environmental Conservation Area. The Official Plan policies recognize that the extent of the
designation may be further refined through an Environmental Impact Study.
3. The owner’s agent has submitted studies, such as the Environmental Impact Study, with their application to
support their proposed development.
4. The material for the file is found on the link provided—you will need to scroll to the file number AM-2020-
018--a drop-box link is provided where all the material is found.
Regards,
Julie
Julie Hannah, MES, MA, MCIP, RPP | Planner 2 | Planning, Building and Development | City of Niagara Falls
4310 Queen Street | Niagara Falls, ON L2E 6X5 | (905) 356-7521 ext 4107 | Fax 905-356-2354 | jhannah@niagarafalls.ca
From: CONNIE DUBOWITZ
Sent: Thursday, March 04, 2021 2:07 PM
To: Julie Hannah <jhannah@niagarafalls.ca>
Subject: RE: March 15, 2021 electronic open house
Hi Julie Hannah,
1. When was the Environmental Conservation Area created?
(located to the north of Thundering Waters Blvd and to the east of the Conrail Drain)
2. Why was the Environmental Conservation Area created?
3. Why does Thundering Waters feel that it is OK to build housing where the Environmental Conservation
Area is located?
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9
4. You say there is an Environmental Impact Study linked from this page https://niagarafalls.ca/city-
hall/planning/current-planning-applications.aspx
The only EIS that I can find is this one https://niagarafalls.ca/pdf/planning/projects/background-
studies/thunderingwaters-eis-consolidated20160624.pdf
The above Environmental Conservation Area near my home is outside the boundaries of this EIS. Perhaps
you can direct me to a different EIS?
Regards,
Stephen Porter
On 03/04/21, Julie Hannah <jhannah@niagarafalls.ca> wrote:
Good morning Stephen,
The notice of application and open house was mailed to property owners located within 120 m from the subject
land—you are welcome to speak with any of your neighbours about the applications.
Regards,
Julie
Julie Hannah, MES, MA, MCIP, RPP | Planner 2 | Planning, Building and Development | City of Niagara Falls
4310 Queen Street | Niagara Falls, ON L2E 6X5 | (905) 356-7521 ext 4107 | Fax 905-356-2354 | jhannah@niagarafalls.ca
From: CONNIE DUBOWITZ
Sent: Wednesday, March 03, 2021 6:24 PM
Page 308 of 549
10
To: Julie Hannah <jhannah@niagarafalls.ca>
Subject: RE: March 15, 2021 electronic open house
Hi Julie Hannah,
Please tell me which of my neighbors received your letter. I am concerned about the loss of the
Environmental Conservation Area and would like to discuss the situation with them.
Regards,
Stephen Porter
On 03/03/21, Julie Hannah <jhannah@niagarafalls.ca> wrote:
Good morning Stephen,
Thank-you for your message of intent to participate in the open house—the details will be sent to you in a
separate email.
In terms of your questions and concerns, I can provide the following:
1. The southern parcel illustrated in the notice is the area which has the designation Environmental
Conservation Area applied (located to the north of Thundering Waters Blvd and to the east of the Conrail
Drain). This designation may include significant woodlands, significant wildlife habitat, locally significant
wetlands, etc. It is identified as a woodland in the City’s Official Plan mapping. The intention of the
designation is to provide for the protection of natural heritage features while recognizing that the extent
of the designation may be further refined through an Environmental Impact Study (EIS). The applicant did
submit an EIS as part of their application—it is available for public viewing on the City’s website through a
link found on the page link below (along with other studies):
https://niagarafalls.ca/city-hall/planning/current-planning-applications.aspx .
Page 309 of 549
11
2. Thundering Waters BV- is Thundering Waters Boulevard.
3. The subject land does not contain a provincially significant or locally significant wetland---there is wetland
on abutting lands and the EIS indicates that no portion of the proposed development will impact on
abutting wetland. There are a few deciduous swamp areas on the subject land but as they are small in size
and do not contribute to wildlife functions they have not been identified as part of a wetland
complex. When a future site plan application is received the grading and drainage for the proposed
development will be reviewed at that time. The Conrail Drain is not owned by the Developer—no site
alteration to it is proposed.
4. The Conrail Drain land is owned by the municipality. Planning staff are not aware that there are any plans
for trails along it at this time. Parks staff would be able to comment on future trail expansion plans. At site
plan stage, Parks staff could discuss with the Developer the potential to have connectivity on the site to
planned/future City trails.
5. A stacked townhouse is a building containing multiple dwelling units which have common walls between
adjacent dwelling units each of which has its own entrance. The dwellings are layered in storeys and are
part of a condominium.
6. Vacation Rental Units is the generic term rather than using a brand name for units that may be rented for
not more than 28 days to the travelling public and that are licensed for that purpose. The City passed an
Official Plan Amendment and Zoning By-law Amendment to regulate Vacation Rental Units—they were
appealed to the Tribunal and a decision as not yet been made. The Zoning By-law as presented to the
Tribunal would permit Vacation Rental Units in the Tourist Commercial, General Commercial, and Central
Business Commercial zones—there are regulations that would need to be met. As the Tribunal has not
made a decision, the amendments are not yet in effect.
7. The subject lands are considered to be a Class 1 area (residential). The Noise study indicates that abutting
industries will combined exceed Class 1 sound limits but meet Class 4 sound limits. Therefore, the subject
lands need to be classified (designated) as Class 4.
Special Policy Area 54 was previously approved based on a proposal for two apartment dwellings with a maximum
overall density of 154 units per hectare subject to the following policies: a) to ensure the development is
compatible with low density housing located to the southwest, a gradation of building heights will be achieved by
restricting building heights on the westerly half of the land to 4 storeys and the maximum building height of 8
storeys will only be permitted on the easterly half of the land; and, b) to ensure the provision of adequate
servicing infrastructure to the site, the amending by-law shall include the holding symbol “H”. Prior to the
removal of the “H” symbol, the owner shall enter into a development agreement(s) with the City to provide the
servicing infrastructure for the land. As the developer is proposing to build townhouses and stacked townhouses,
Special Policy 54 would not be applicable.
8. In the R4 zone, a home occupation is permitted in a detached dwelling, semi-detached dwelling, and
duplex- subject to provisions. The applicant is requesting that home occupations be a permitted use in
the townhouse and stack townhouse dwelling units. Currently, home occupations would not be permitted
in townhouse dwellings.
Sincerely,
Julie
Julie Hannah, MES, MA, MCIP, RPP | Planner 2 | Planning, Building and Development | City of Niagara Falls
Page 310 of 549
12
4310 Queen Street | Niagara Falls, ON L2E 6X5 | (905) 356-7521 ext 4107 | Fax 905-356-2354 | jhannah@niagarafalls.ca
From: CONNIE DUBOWITZ
Sent: Tuesday, March 02, 2021 2:36 PM
To: Julie Hannah <jhannah@niagarafalls.ca>
Subject: March 15, 2021 electronic open house
My wife and I wish to participate in the March 15, 2021 electronic open house regarding 5500 Marineland
Parkway.
Stephen Porter and Connie Dubowitz
Niagara Falls
***************************
We have the following initial questions and concerns:
1. We would like to know more about the "Environmental Conservation Area" mentioned on page one of
your letter.
2. On the map on page one of your letter there is something labelled "Thundering Waters BV". What is
this?
3. The land in this general area is a former "wet land". When the present subdivision where we live was
built, the developer was required to create a substantial drainage ditch extending from Marineland
Parkway all the way to the Welland River and the hydro canal. The ditch runs along the west side of the
Page 311 of 549
13
proposed development. Our entire subdivision has swales and is sloped to guide excess storm water into
this ditch. We are concerned that nothing be done to interfere with the drainage ditch in the event of a
major flooding event.
4. The municipality owns the land occupied by the above drainage ditch. This land is one hundred feet
wide and very long. Some time ago, we suggested to the municipal parks committee that a Millenium
Trail along this ditch would connect to the new trail along the Welland River. Thundering Waters is
asking for a zoning change. Are they cooperative to the creation of a Millenium Trail along the drainage
ditch? Could the Parkette and a Millenium Trail be joined?
5. Please define "stacked townhouse".
6. We would like to know more about the "vacation rental units". These will be for Air B&B? Does the
law in Niagara Falls allow vacation rental units to be built in a residential area? What potential problems
will come with these vacation rental units?
7. What is a "Class 4 noise designation"? How does this compare to "Special Policy Area and its related
policies" ? What noise are they planning to make? Is noise going to be a problem?
8. Why is it necessary to specifically allow "occupations in townhouse dwellings"? What will be allowed
that goes beyond what is presently permitted in townhouses?
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14
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1
From:Paula Scott
Sent:Monday, April 12, 2021 7:22 PM
To:Alex Herlovitch
Subject:Land
Hello I was busy but didn't forget you and this development .unless you get a lawyer to stop this its not going
to change they do want they want, because they all want to make money, and wildlife and trees they don't care
about so little at a time they keep going getting into more land and they get away with it and some people that
work at City Hall are working with them you don't no so good Luck you need it THANK YOU PAULA
SCOTT
Page 325 of 549
1
From:Peyman Ashtari
Sent:Tuesday, April 27, 2021 11:36 AM
To:Planning Emails
Cc:Jim Diodati
Subject:Developers cutting trees
Hello, I was driving at McLeod Road a while ago when I notice some housing developments. They were cutting many
trees, flattening areas. I wish the city could consider the environmental damages caused by cutting trees as the trees are
the only creatures which clean the air. Trees are the only ones which absorb CO2. I also saw recently that some
construction projects at walkways near Skylon Tower cut many large trees.
Just so you know that other countries have much more protection rules for trees that we can learn from them. For
example, in Japan, when they need to remove relatively large trees, they have been taking them off the ground with
roots and replanting them somewhere else since 21 years ago. They dug around the tree and put lots of water and then
pulled tree off the mud and carried them on tractor trailers to somewhere else for replanting. Moreover, when I visited
Belize 3 years ago, they said the government requires developers to plant 3 new trees for each tree that they cut.
I am hoping that the city can implement some environmental policies regarding cutting trees and also encouraging
programs to plant new trees to battle environmental pollutions.
Thanks,
Peyman Ashtari
Page 326 of 549
DUXBURY LAW
T R I A L & T R I B U N A L L A W Y E R S
Brian Duxbury B.A., LLB Certified
Specialist - Civil Litigation
brian@duxburylaw.ca
T. David Marshall B.A., LLB, LLM
Barrister & Solicitor
david@duxburylaw.ca
Joshua J. Perell B.A. (Hons), LLB, BCL, MA, PhD
Barrister & Solicitor
joshua@duxburylaw.ca
June 8, 2021
VIA EMAIL
City of Niagara Falls
4310 Queen Street
Niagara Falls, ON L2E 6X5
Attn: Alex Herlovitch, Director of Planning
Dear Mr. Herlovitch,
Re: Development at 5500 Marineland Parkway, City of Niagara Falls
I am writing on behalf of and with instructions from Stanley-Zelco Limited (“Salit Steel”) with respect to a
proposed development at 5500 Marineland Parkway in the City of Niagara Falls (“Subject Lands”).
Salit Steel understands that Marina (Thundering Waters) Development Inc. and Marina (Thundering Waters II)
Development Inc. (collectively “Marina”) have submitted applications for an Official Plan Amendment and
Zoning By-Law Amendment and are intending to submit an Application for a Plan of Condominium to the
City to facilitate the development of the Subject Lands for future residential development comprised of
freehold townhouses, condominium stacked townhouses, underground parking, a parkette space, an existing
private road and new internal condominium roads.
Salit Steel owns and occupies land known municipally as 7771 Stanley Avenue in the City whereupon it
operates heavy industrial facility. Salit Steel’s facility is classified as a Class III Industrial Facility under the
Ministry of the Environment, Conservation and Parks (“MOECP”) D6 Guidelines- Compatibility between
Industrial Facilities. Salit Steel has been in existence and operating at this site for over 100 years.
Over the years, Salit Steel has invested significant effort and capital into reducing noise emissions and has felt
increased pressure by the introduction of new sensitive land uses in the form of residential development in
close proximity to our facility.
With the understanding that the introduction of new residential development on the Subject Lands might
possibly increase this pressure, Salit Steel engaged with Marina to work in a co-operative manner and have
reached an agreement that will add features to the proposed development on the Subject Lands that will
mitigate the potential conflict between Salit Steel’s industrial use and the proposed residential uses. Marina has
acknowledged that it is required to mitigate the industrial operation of Salit Steel in order to, inter alia,
conform to, or be consistent with, Provincial, Regional and City planning policy.
As part of the resolution with Marina, the parties have established certain conditions that Salit Steel would
respectfully require to be incorporated into the development as part of the City’s approval process.
Page 327 of 549
-2-
In that regard, Salit Steel will not be objecting to the proposed development on the Subject Lands on the basis
of certain conditions listed on Appendix “A” and “B” to this letter be imposed by the City.
Salit Steel appreciates the efforts made by Marina to come to a resolution that addresses the apparent
incompatibility of its industrial use and the proposed residential use.
Salit Steel would ask that the City provide appropriate notice to it and the writer for any future steps taken, and
of the eventual decision of City Council on the above noted planning applications.
Should you have any questions, please do not hesitate to contact me.
Yours very truly,
DUXBURY LAW
PROFESSIONAL CORPORATION
Per:
Brian Duxbury
BDD/mc
Encl.
cc: Mary Lou Tanner
cc: Edward Lustig
DUXBURY LAW PROFESSIONAL CORPORATION
1 King Street West, Suite 500, Hamilton, ON L8P 1A4 I T 905 570 1242 I F
905 570 1955
duxburylaw.ca
Page 328 of 549
APPENDIX"A"
Conditions of Support for Development at 5S00 Marineland Parkway, Niagara Falls
1)That the built form of the Development (as referenced in site plan drawings dated October
16, 2020) will not be altered in any way;
2)That the City designate the Subject Lands at 5500 Marineland Parkway, Niagara Falls, as
a Class 4 Area in accordance with the MOECP's Guideline publication NPC-300 as part
of the final approval of any planning applications for the Subject Lands;
3)Marina agrees to implement certain conditions listed below by way of a Holding ("H'')
zoning attached as a condition to any approved zoning by-law amendment that such
conditions listed below will be included within a condominium agreement as a condition
to the Draft Plan of Condominium or, if conditions of draft plan approval are not required,
to a site plan agreement and condominium agreement that shall be registered on title.
4)That the following conditions to be incorporated into the development, as follows:
a. Marina enters into a condominium agreement to be registered on title that the warning
clauses as set out in Appendix ''B" to this Letter be included in any Agreement of
Purchase and Sale and any lease or rental agreement, and further that there be a
requirement within the condominimn agreement that any purchaser or tenant has
reviewed the warning clauses set out in Appendix "B" and requiring an
aclmowledgement letter be signed by any new purchaser or tenant indicating that they
have read such warning clauses;
b. That the Owner install central air conditioning units within all residential units
constructed on the Subject Lands and satisfy any other requirements associated with a
Class 4 Area designation, should the Subject Lands be designated as such;
c. That the Owner enter into an agreement with Salit Steel under the Industrial and
Mining Lands Compensation A.ct for nominal wnsidemtion and compensation;
Page 329 of 549
Page 330 of 549
Page 331 of 549
APPENDIX "B"
Warning Clauses to be included as Condition of Approval
Noise Warning Clause
"Purchasers/tenants are advised that despite the inclusion of noise control features in this
development area and within the building units, due to the proximity of the adjacent commercial
and industrial land uses, including but not limited to Stanley-Zelco Limited ("Salit Steelj
and Washington Mills Electro Minerals Corp. ("Washington Mills") and their successor owners,
noise from these operations may at times be audible.
Salit Steel operates a large steel service centre whose operations including saw cutting, plate and
plasma burning, rebar fabrication, and shipping and receiving activities. The facility may operate
24 hours per day, including weekend operations. Salit Steel will not be responsible for any
complaints or claims arising from their operations."
Washington Mills operates an abrasive grain and specialty electro-fused minerals manufacturing
facility including furnace operations, crushing and screening and shipping and receiving activities.
The facility may operate 24 hours per day, including weekend operations. Washington Mills will
not be responsible for any complaints or claims arising from their operations."
Purchasers/tenants are advised that sound levels due to adjacent industries and commercial
developments, including Salit Steel and Washington Mills are required to comply with sound level
limits that are protective of indoor areas and are based on the assumption that windows and exterior
doors are closed. This dwelling unit has been supplied with a ventilation/air conditioning system
which will allow windows and exterior doors to remain closed. The residential area of these lands
have been designated Class 4 Area as defined by the Ministry of Environment, Conservation and
Park Guidelines"
Additional Warning Clause
"The Purcbaser(s) acknowledges that the Vendor has made no representation regarding the site
lines and view from the Purchaser(s) Unit In addition, The Purchaser(s) are advised that the
property to the south overlooks a golf course and lands used for industrial purposes, including but
not limited to Washington Mills Electro Minerals Corp. and Salit Steel and any successors in
interest as the property exists today and with potential future expansion, as well as other adjoining
landowners may develop or redevelop their properties which may impact on the site lines views
and views from the Purcbaser(s) Unit and will not object to the resulting noise, or visual
interferences/obstructions."
Page 332 of 549
Clause under the Industrial and Mining Lands Compensation Act, R.S.O. 1990, e. 1.5 in any Agreement of Purebase and Sale
The Purchaser agrees to accept title subject to the following:
(a)
(b)
an agreement under the Industrial and Mining Lands Compensation Act, R.S.O.
1990, c. 1.5 with Stanley-Zelco Limited ("Salit Steel") for compensation for any
damage or injury resulting to the Property from Salit Steel's operations to afford
a complete answer to any action that may be brought against Salit Steel for
damages or iajunctions, or both, relating to noise, dust, air emissions or odour
from Salit Steel's operations in the normal course up to and including Salit
Steel's future full capacity; should the Purchaser lease or let the condominium unit
to any tenant, occupant and assign, that the Purchaser shall obtain an
acknowledgement in writiJ}g whereby the tenant, occupant and assign will
observe, perfonn and be bowtd by the tenns and conditions contained in the
Industrial and Mining Lands Compensation Act, R.S.O. 1990, c. 1.5 with Salit
Steel;
( c)That the Purchaser acknowledges that these obligations will survive the closing of
the transaction.
Page 333 of 549
1
From:Stephen Porter
Sent:Sunday, June 12, 2022 1:01 PM
To:Julie Hannah
Subject:[EXTERNAL]-Marineland
Hi Julie Hannah,
Marineland should follow the same rules as everyone else. Unless they can provide a good reason for a
particular deviation at a particular location, this blanket discarding of the rules is nothing more than a greedy
money grab. The result will be a lowering of the quality of life for everyone who moves into this new housing.
Regards,
Stephen Porter
Niagara Falls,
Ontario L2G 7V7
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the
sender and know the content is safe.
Page 334 of 549
1
From:francois GINGRAS
Sent:Thursday, June 23, 2022 3:38 PM
To:Julie Hannah
Subject:[EXTERNAL]-5500 Marineland Parkway
Follow Up Flag:Follow up
Flag Status:Flagged
Good afternoon Julie. My name is Francois Gingras I live at . I live in a
condominium land . when I looked at the at the small diagram on page 1 it seems that the present
roadway exiting my present community is going to be changed.
There is presently a traffic light at marineland Py and Stanley allowing me to either turn right onto
Marineland py or proceed straight onto Stanley av. there is also a designated lane allowing me
to make a left turn onto Marineland py. Is this being changed?
Also presently there is an agreement between Thundering Waters golf club and Shabri property
management for the golf club to maintain the roadway and surrounding area from Stanley avenue to
the golf club ensuring the grass on both side of the roadway is maintained. will the city take over this
maintenance?
How will this new property affect my community ?
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the
sender and know the content is safe.
Page 335 of 549
1
Julie Hannah
From:Angela Davidson
Sent:Thursday, July 7, 2022 2:17 PM
To:Julie Hannah
Subject:Marina Homes Report
Me again
Serge would like me to make sure we have this update from Washington Mills in the file, specifically that they are not in
support of the application but will not oppose it.
Thank you,
Angela
From: Serge Felicetti <sfelicetti@niagarafalls.ca>
Sent: Thursday, July 7, 2022 2:08 PM
To: Angela Davidson <adavidson@niagarafalls.ca>
Subject:
OK, I will be there with our lawyer. Both of us will be speaking. He will explain the conditions of the
agreement. Also important to note that I changed the wording on the agreement to say that I would not
oppose it (rather than saying I support it).
S A N D R O B O R G H E S I
VP of Operations Fused Minerals
Washington Mills
Sent from my iPhone
We value and respect flexible work arrangements. Although I have sent this at a time that is convenient for me, it is not my
expectation that you read, respond or follow up on this email outside of your work hours.
We value and respect flexible work arrangements. Although I have sent this at a time that is convenient for me, it is not my
expectation that you read, respond or follow up on this email outside of your work hours.
Page 336 of 549
1
From:Rick Brady
Sent:Friday, July 8, 2022 10:23 AM
To:Julie Hannah
Cc:Aaron Butler; Mary Lou Tanner
Subject:[EXTERNAL]-Report 2022-51 Townhouses at Marineland Pky and Thunderinwaters Blv.
Julie
I reviewed the report for next weeks agenda on this development and have a few comments that I would like placed on
the record . I cannot attend the public meeting as I have other obligations but would like my comments to be
considered.
1) It would have been very desirable to have a streetscape plan prepared for the new municipal road that will
become the main entrance to the Thunderingwaters area. It appears from the plan that there may well be
sidewalks but there is no information on street trees or lighting. This is a major entranceway to the
Thunderwaters area and should be treated as an important entranceway.
2) I hope that street trees of significant scale are provided at the time of rebuilding the road not at some distant
time in the future. There planning should be the responsibility of the developer and sufficient funds held to
ensure the correct size, species and number are planted.
3) I think the lighting system should be consistent with the lighting system in thunderwaters as this will be the
entrance for this area.
4) I would hope that any fencing in this area is not board on board which would create a poor entrance way. Some
form of decorative fencing should be required. Within thundering waters there are no board on board fencing
but rather decorative black metal fencing. The same should apply for this entranceway.
5) There are a lot of trees being removed and many are very mature. It is mentioned that an offsite tree
compensation package is being considered. I agree with that approach but also think that when street trees are
considered for this new municipal road that the species should be native and large when planted. This should
be considered with the tree compensation package.
6) The sidewalks appear to abut the street rather than having boulevards for street trees. I think this should be
reconsidered for the municipal road. Boulevards with trees will provide a more desirable entrance feature and
make the sidewalks more available for pedestrians in winter as the sidewalks that abut a road are often used for
snow storage.
7) All utilities should be buried in this municipal corridor .
It would have been more desirable to have the holding provisions to include preparing a street scape plan as a part of
site planning for this site. While I support the concept of townhouses for this property and having tourist
accommodation on the southern portion only, I think the site plan and streetscape plan will make this development fit
into the overall property. It would be very desirable for the community to be invited to view and make comments on
the site plan and street scape plan. Please include me on any invitation to review and comment on the site plan.
I think a streetscape plan and preliminary site plan prepared for the public meeting and considered in the staff report
would have reduced the level of anxiety associated with this development and could have assisted in avoiding an appeal.
Thanks for listening.
Rick Brady
Page 337 of 549
2
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Page 338 of 549
PBD-2022-52
Report
Report to: Mayor and Council
Date: July 12, 2022
Title:
AM-2022-009
Zoning By-law Amendment Application
3846 Portage Road
To permit two 4 storey stacked townhouse dwellings with 39
dwelling units
Applicant: 2717981 Ontario Inc. (Chris Hawkswell)
Agent: Greg Lipinski (Hawk Development Corp.)
Recommendation(s)
That Council approve the Zoning By-law amendment as detailed in this report to permit
two 4 storey stacked townhouse dwelling units on the subject lands, su bject to a parking
rate of 1.25 parking spaces per dwelling unit, and subject to the regulations outlined in
this report.
Executive Summary
Zoning Bya Inc. has Ontario 2717981 requested -to permit the amendment law
development of two 4 storey stacked townhouse dwellings with 39 dwelling units. The
amendment is recommended for the following reasons:
• The proposed development conforms to Provincial, Regional, and City policies as
it intensifies land within the Built-up Area, will assist the City in mee ting its
intensification targets, and will provide additional housing choices for residents;
• The requested site specific residential zone maintains appropriate regulations for
the proposed dwelling type and ensures the proposed development will be
compatible with surrounding properties; and,
• Public concerns regarding Council’s approval of the land swap of public parkland
have been noted and individuals have been informed that a public walkway will be
provided to the Stamford Lion’s Park. Current drainage concerns will be
addressed at site plan stage.
Page 1 of 10
Page 339 of 549
Background
Proposal
2717981 Ontario Inc. has requested a Zoning By-law amendment to permit the
development of two 4 storey stacked townhouse dwellings with 39 dwelling units for a
parcel of land totaling approximately 0.33 hectares (0.82 acres), after the road widening
and the land exchange, as shown on Schedule 1. Schedule 2 shows details of the
proposed development and Schedule 3 shows its massing.
On March 22, 2022, Council approved the applicant’s request for a land exchange of a
portion of the city park for a portion of the owner’s land to provide a public walkway from
Portage Road to Stamford Lion’s Park to facilitate connectivity to the park for higher
density uses along Portage Road.
The subject land is zoned General Commercial (GC), in part, and Residential Two Density
(R2), in part, under Zoning By-law No. 79-200. The applicant is requesting that all of the
lands be placed under a site specific Residential Low Density, Group Multiple Dwelling
(R4) zone to permit two 4 storey stacked townhouse dwellings.
Site Conditions and Surrounding Land Uses
The subject land is vacant as the former Stamford Lion’s Hall has been demolished.
The subject land is bounded by Portage Road; a commercial plaza to its north; to its west
are commercial uses; to its east is Stamford Lions Park; to its north-east is a block
townhouse development; and, to its south is a 9 storey apartment building.
Circulation Comments
- Niagara Region
• No objection.
- Building Services
• Building permits will need to be obtained. Building permit fees and development
charges will be assessed during building permit application review.
- GIS Services, Legal Services, and Municipal Works
• No objections.
Page 2 of 10
Page 340 of 549
- Transportation Services
• 4.97 metres to be dedicated as part of the Portage Road road allowance.
• Does not support the proposed rate of 1.15 parking spaces per dwelling unit.
Staff recommends a minimum 1.25 parking spaces per dwelling unit rate.
Neighbourhood Comments
The neighbourhood open house was held on May 26, 2022, attended by the applicant’s
agents with no residents present.
Staff have received phone calls from residents regarding the Council approved land
exchange, the proposed access to the commercial plaza, and the existing drainage
problems at the north-east corner of the site.
The following is noted in response:
• Council approved the proposed land exchange to convey 345.8 square metres of
land along the westerly edge of Stamford Lion's Park in exchange for 277.2
square metres of land for a public walkway along the south side of the subject
land. In addition, ten trees are to be planted in the park, a sidewalk will be
constructed between Portage Road and the park, and there is contribution
towards the future construction of a gazebo. There will be servicing easements
across Stamford Lion’s Park that will be granted to the developer. Council’s
approval and stipulations are separate from the application before Council this
evening.
• Drainage will be addressed at site plan stage.
Analysis
1. Provincial Policies
The Planning Act requires City planning decisions to be consistent with the Provincial
Policy Statement and conform to the Provincial “A Place to Grow” Plan. The proposed
development is consistent and conforms as follows:
• The proposed development satisfies matters of provincial interest as outlined in
Section 2 of the Planning Act;
• The proposed development is within a settlement area, is transit supportive,
assists in the creation of a complete community, and effectively uses land and
infrastructure; and,
• The recommended regulations will facilitate the development of land in a manner
that offers a mixture of housing that will accommodate the needs of people of all
ages and abilities while maintaining appropriate levels of health and safety.
Page 3 of 10
Page 341 of 549
2. Regional Official Plan
The subject land is designated as Urban Area (Built-up Area) in the Regional Official Plan.
The proposed development complies with the Regional intensification density target of
40% and the stacked townhouse units will diversify the housing supply, contribute to the
creation of a complete community, and effectively utilize municipal infrastructure and
urban lands.
3. City’s Official Plan
The Official Plan designates the subject land as Major Commercial, in part, and
Residential, in part. Residential projects may be permitted subject to appropriate
provisions in a zoning bylaw amendment. Medium to high -density apartments (such as
stacked townhouses) may be considered on Major Commercial lands that are considered
in excess of commercial demand. The land abuts the south end of the Portage Road
Intensification Corridor which permits a maximum height of 10 storeys and a maximum
density of 150 units per hectare.
The proposal conforms as follows:
• The lands are considered in excess of commercial demand as they have
historically been utilized for institutional uses. The proposed residential use is
compatible with the abutting commercial, medium and high density residential, and
open space uses;
• The proposal is for a 4 storey stacked townhouse development, with a density of
118 units per hectare, in an intensification area where medium density residential
redevelopment is directed to, and is an area that is suitable for intensification;
• The stacked townhouse units are setback above the second floor which minimizes
the massing onto the abutting public parkland. While the rear yard setback is not
equal to the building height, a sufficient setback is provided to the rear lot line to
separate the public and private space. Trees will also be planted along the
parkland to act as a buffer;
• The side yard setbacks are in character with infill developments on an arterial road.
While the south interior side yard setback is not equal to one half of the building’s
height due to the creation of the public walkway, the 3 metre walkway in
combination with the south interior side yard setback of 1.5 metres provides
suitable separation between the proposed development and the abutting lands;
• Surface parking is provided interior to the site. Parking, with the exception of 1
parking and fencing perimeter buildings, the be screened will space, with
landscaping;
• The massing illustrates a stepped form which will lessen the impact of the height
of the building and provide visual interest. Details of the architectural treatment
will be provided and reviewed at site plan stage; and,
Page 4 of 10
Page 342 of 549
• There are no issues with infrastructure capacity or transportation system.
4. Zoning By-law
The applicant has requested a site specific R4 zone be applied to the entire site to permit
the proposed development.
The R4 zone permits townhouse and apartment dwellings.
The departures requested from the standard R4 regulations are summarized in the
following table:
ZONE REGULATION EXISTING REGULATION REQUESTED
REGULATION
Minimum lot area for an
apartment dwelling
200 square metres for
each dwelling unit
7,800 square metres
85.8 square metres, after
required road widening
3,346.6 square metres
Minimum front yard depth
for an apartment dwelling
7.5 metres + 13 metres
from the original centreline
of Portage Road
3 metres + 13 metres from
the original centreline of
Portage Road
Minimum rear yard depth
for an apartment dwelling 10 metres 4.5 metres from the new
rear property line
Minimum interior side yard
width
One- half the height of the
building
5.38 metres
North: 5.65 metres
South: 1.5 metres
Maximum height of
building or structure
10 metres, subject to
section 4.7 11 metres, 4 storeys
Parking requirements
1.4 parking spaces per
dwelling unit
54 parking spaces
1.15 parking spaces per
dwelling unit
45 parking spaces
Minimum Landscaped
Open Space Area
45 square metres for each
dwelling unit
27 square metres for each
dwelling unit
1,067.57 square metres,
after required road
widening and extended
east property line
Page 5 of 10
Page 343 of 549
ZONE REGULATION EXISTING REGULATION REQUESTED
REGULATION
Parking in Yards
Parking in the front yard to
be buffered by a
decorative wall and
landscape strip or a
landscape berm
Not applicable
The requested zoning is appropriate as follows:
• The R4 zone is intended to regulate low rise apartment (stacked townhouse)
dwellings;
• The requested decrease in the R4 regulations for lot area, front yard and rear yard
depth, south interior side lot width, and landscaped open space area are supported
as a compact form will result that will not have a negative impact on abutting
properties. The reduction to the minimum front yard depth can be supported as a
suitable landscape area is provided along Portage Road. The reduction to the
minimum rear yard depth and south interior side lot width is supported as the site
abuts a public park and the public walkway. As well, each of the dwelling units will
have private amenity space which will be in addition to the landscaped open space;
• The requested increase in the R4 regulation for height is supported as the
proposed 4 storeys conforms with the Official Plan and there are suitable setbacks
to minimize shadowing on the abutting properties and municipal street;
• The requested relief to not require parking to be b uffered by a decorative wall and
landscape strip/berm is appropriate as only 1 parking space is within the front yard.
There is the opportunity at site plan to present a landscaping plan that depicts
landscaping within the municipal right-of-way for consideration by Municipal
Works; and,
• by supported not is regulations parking in reduction requested The the
Transportation Services staff as on-street parking is not available and car
ownership alternatives may not be utilized by residents (i.e. active transportation,
ride sharing, and transit). A parking rate of 1.25 parking spaces per dwelling unit
rate is supported. Staff recommend the amending by-law permit a parking rate of
1.25 parking spaces per dwelling unit.
Operational Implications and Risk Analysis
No operational implications and risk analysis.
Financial Implications/Budget Impact
The proposed development will generate development charge contributions and property
tax revenue for the City.
Strategic/Departmental Alignment
Page 6 of 10
Page 344 of 549
The proposed development supports the Diverse Housing Strategic Priority by providing
housing to meet the needs of people of all ages, incomes and abilities.
List of Attachments
SCHEDULE 1
SCHEDULE 2
SCHEDULE 3
Written by:
Julie Hannah, Planner 2
Submitted by: Status:
Andrew Bryce, Manager, Current Planning Approved
- 04 Jul
2022
Kira Dolch, Director of Planning, Building &
Devlopment
Approved
- 04 Jul
2022
Jason Burgess, CAO Approved
- 06 Jul
2022
Page 7 of 10
Page 345 of 549
SCHEDULE 1
(Location Map)
Page 8 of 10
Page 346 of 549
SCHEDULE 2
(Site Plan)
N
Page 9 of 10
Page 347 of 549
SCHEDULE 3
(Conceptual Massing)
Page 10 of 10
Page 348 of 549
Address: 3846 Portage Road
Applicant: Hawk Developments Corp.
Proposal: To permit 39 dwelling units in two three storey stacked townhouse buildings
Zoning By-law
Amendment Application
AM-2022-009 Page 349 of 549
A GREAT CITY…FOR GENERATIONS TO COME
Location
PROPOSED
DEVELOPMENT
Stamford Lions
Park
Apartment
Building
Commercial
Uses
Townhouses
Page 350 of 549
A GREAT CITY…FOR GENERATIONS TO COME
Application
•Zoning By-law Amendment
–Requesting a site specific Residential Low Density,
Grouped Multiple Dwellings (R4) Zone
Page 351 of 549
A GREAT CITY…FOR GENERATIONS TO COME
Site Plan
Page 352 of 549
A GREAT CITY…FOR GENERATIONS TO COME
Conceptual Massing
Page 353 of 549
A GREAT CITY…FOR GENERATIONS TO COME
Neighbourhood Comments
Concern Staff Response
Land Exchange Council approved land swap
with developer.
Trees and Sidewalks to be
installed.
Contribution to gazebo.
Access to Commercial Plaza Public walkway from Portage
Rd to park
Existing Drainage Issues Drainage plan will be reviewed
at site plan stage
Page 354 of 549
A GREAT CITY…FOR GENERATIONS TO COME
Policy Review
•The applications are consistent and conform to the Planning Act,
Provincial, Regional, and City policies.
•Staff are supportive of the proposal to permit two 4 storey stacked
townhouse dwellings with 39 dwellings, subject to providing a parking rate
of 1.25 parking spaces per dwelling unit.Page 355 of 549
A GREAT CITY…FOR GENERATIONS TO COME
Proposed Zoning Relief-R4-XX
Min. lot area for an
apartment dwelling
85.8 sq. m/dwelling
(Required 250 sq.
m/dwelling)
# of Parking spaces
45 for residential (at
rate of 1.15/dwelling)
(Required: 54 for
residential at rate of
1.4/dwelling)
Max. Height of
Building
11 metres
(Permitted: 10 m)
Min. rear yard depth
4.5 m
(Required 10 m)
Min. interior side
yard width depth
1.5 m
(Required 5.38 m)
Min. landscaped
open space area
27 sq. m/dwelling
(Required 45 sq.
m/dwelling)
Min. front yard depth
3 metres
(Permitted: 7.5 m)Page 356 of 549
A GREAT CITY…FOR GENERATIONS TO COME
Recommendation
The Council approve the Zoning By-
law Amendment application subject to
the recommendations contained in
Staff report PBD-2022-052.Page 357 of 549
FILE NAME:PLOT DATE:│7 -1 4 5 B i r m i n g h a m S t r e e t │T o r o n t o O N │M 8 V 3 Z 8 │9 0 5 8 3 2 5 7 5 8 │o r g a n i c a s t u d i o . c a │i n f o @o r g a n i c a s t u d i o . c aX:\Organica Projects\2021\21046 - 3846 Portage Road\Revit Model\2022.05.19 - 3846 Portage Road - Revised Exterior and Elevations\2022.05.19 - 3846 Portage Road - Revised Exterior and Elevations.rvt2022-05-25 3:14:29 PM3846 Portage Rd, Niagara Falls, ON L2J 2K9 21046
05/25/22
HAWK DEVELOPMENT
SD4
VIEW BLOCK A FRONT1
Statutory
Public
Meeting
3846 Portage Road
City of Niagara Falls
July 12, 2022
Page 358 of 549
Meeting Agenda
Welcome and Introductions
City of Niagara Falls Staff Presentation
on the Proposal
Owner Presentation on the Development Proposal
Question and Answers
Page 359 of 549
PORTAGE RDST JOHN STST PETER AVEORLANDO DRPORTAGE RDST JOHN STST PETER AVEORLANDO DRSUBJECTSITE
Location &
Context
Page 360 of 549
~400m~800m
QUEEN ELIZABETH WAYTHOROLD STONE RD
DORCHESTER RDMONTROSE RDPORTAGE RD DRUMMOND RDSTANLEY AVEBRIDGE ST VICTORIA AVEWHI
RLPOOL R
D
NIAGAR
A PK
WYSTANLEY AVEPORTAGE RDQUEEN ELIZABETH WAYTHOROLD STONE RD
DORCHESTER RDMONTROSE RDPORTAGE RD DRUMMOND RDSTANLEY AVEBRIDGE ST VICTORIA AVEWHI
RLPOOL R
D
NIAGAR
A PK
WYSTANLEY AVEPORTAGE RDLegend
Subject Site
Bus stop near Subject Site
Bus route 107
Bus route 108
Bus route 114 / 214
Surrounding
Context
Page 361 of 549
Surrounding Context
The subject site as it is today, looking
southeast from Portage Road.
The existing boundary of the subject site with
Stamford Park, looking north.
Portage Road is a 4-lane arterial characterized by
mid-rise apartment buildings and commercial uses.
Looking southwest from the subject site
The existing boundary of the subject site with
Stamford Park, looking north.Page 362 of 549
Niagara Falls
Official Plan Schedule A-2: Urban Structure
• The subject lands are located on a
designated intensification corridor
under the Niagara Falls Official Plan
along Portage Road
• Intensification Corridors contain
lands that front onto arterial roads
and have the attributes conducive to
supporting medium or high-density
residential redevelopment over the
long term.
SUBJECT
SITE
Page 363 of 549
Niagara Falls
Official Plan Schedule A: Land Use
• Split Designated: Major Commercial
and Residential
• Permitted uses include retail,
personal service shops, offices, and
community facilities. Residential uses
are permitted subject to a zoning
by-law amendment application, and
would suit the balance of the site
which is residential.
• The proposed development conforms
to the Niagara Falls Official Plan
• The subject site is also located within
the Stamford Retail District. In this
area, the Official Plan provides that
Council may consider Zoning By-law
Amendments for residential projects.
N i a g a r a R i v e r CANADA
UNITED STATES OF AMERICA
W e lla n d R iv e rBEECHWOODRDSTPAULAVBEAVERDAMS RD
T H O R O L D S T O N E R D
PORTAGE RD
M I L L E R R D
C H I PPAWA C REEK RD
M O R R I S O N S TSTANLEY AVPORTAGERDRI
VERRDBECK RDVICTORIA AVSTANLEYAVL U N D Y 'S L NTAYLOR RDDORCHESTER RDDORCHESTER RDLY O N S C R EEK R D
M A R S H A L L R D
M C L E O D R D
D U N N S T
WILLOUGHBY DROAKWOODDRTH O R O L D S TO N E R D
LEGENDS WY NI
AGARARIVERPYNIAGARARIVERPYKALAR RDKALAR RDKING RDC A R L R D
D E T E N B E C K R D
C H IP P A W A P Y
M C L E O D R D
N E T H E R B Y R DMORRIS RDS C H I S L E R R D
B R O W N R D DRUMMOND RDM O U N TA I N R D
STANLEY AVM O R N I N G S TAR R DCROWLAND AVORT RDYO U N G R D MONTROSE RD420 HY
R I D G E R D B A K E R R D
S O M E R V I L L E R D
MISENER RDNIAGARARIVERPYMEWBURNRDWILLODELL RDSODOM RDSODOM RDSTANLEY AVORT RDB I G G A R R D
Y O K O M R DMCKENNEY RDS H E R K R D
S A U E R R D
MONTROSE RDMONTROSE RDMCKENNEY RDMORRIS RDS C H I S L E R R DGARNER RDGARNERRDTHOROLD TOWNLINE RDW E A V E R R DQU
E
E
N
E
L
I
Z
A
B
E
T
HWY
QUEEN ELIZABETH WYQUEENELIZABETHWYQUEENELIZABETHWYQUEENELIZA
B
E
T
H
W
YNIAGARARIVERPYCITY OF
THOROLD
CITY OF
WELLAND
TOWN OFNIAGARA-ON-THE-LAKE
CITY OF PORT COLBOR NE
TOWN
OF FORT
ERIE
Transit Station
Se condary Plan
see Schedule A-5
37I
37A
51
13
14
8
37D 2
1
7
6
15
4
5
58
56
61
60
59
62
67
66
64
42
41
48
40
46
44
52
50
55
54
20
16
18
21
19
24
23
31
28
25
26
27 33
32
36
35
45
47
38
37H
37G
37C
37K
37B
37E 37F
17
3
37J
39
12
70
5363
34
72
71
69
74
Gar ner South
Second ar y Plan
see Schedu le A-3
Riverfront Secondary
Plan see Schedule A-6
Grand Niagara
Secondary Plan
see Schedu le A-4
68
68
Schedule A
to the Official P lan
FU TU RE LAND USE
PL ANNING & DE VELOPMENT DIV ISION
Upd ate d to: Janu ary 20 20
K:\Source Data \Sh a pe s\OP\Sched ule A\OPSch ed ule _A_11x 17.m xd
0 3 Km
Legend
Envir onmental Conservation Area
Envir onmental Prot ecti on Area
Extractive Industrial
Good G eneral Agricul ture
Industri al
Major Commercial
Minor Commercial
Niagara Escar pment Pl an A rea
Open Space
Parkway Residential
Residential
Resort C ommercial
Theme P ark Marineland
Tourist Commercial
Intake Protect ion Zone IPZ-1
Secondary Plan Area
Special Policy A rea
Urban Ar ea Boundary
NOTE: THI S MAP MUS T BE READ IN CONJUNCTION W ITH T HE
WRITTEN TEXT O F T HE OFFICIAL PLAN APPROVED O CTO BER 19 93
UPDATED TO November 2 019 /
1:55,000Scale
SUBJECT
SITE
N i a g a r a R i v e r CANADA
UNITED STATES OF AMERICA
W e lla n d R iv e rBEECHWOODRDSTPAULAVBEAVERDAMS RD
T H O R O L D S T O N E R D
PORTAGE RD
MI L L E R R D
C HI PPAWA CREEK RD
M O R R IS O N S TSTANLEY AVPORTAGERDRI
VERRDBECK RDVICTORIA AVSTANLEYAVL U N D Y 'S L NTAYLOR RDDORCHESTER RDDORCHESTER RDLY O N S C R EEK R D
MA R S H A L L R D
M C L E O D R D
D U N N S T
WILLOUGHBY DROAKWOODDRTH O R O LD S TO N E RD
LEGENDS WY NI
AGARARIVERPYNIAGARARIVERPYKALAR RDKALAR RDKING RDCAR L R D
D E T E N BE C K R D
C H IP P A W A P Y
M C L E O D R D
N ET H E R B Y R DMORRIS RDSC H I S L E R R D
B R O W N R D DRUMMOND RDM O U N TA I N R D
STANLEY AVM O R N I N G S TAR R DCROWLAND AVORT RDYO UN G RD MONTROSE RD420 HY
R I D G E R D B AK ER R D
S O M E R V I L L E R D
MISENER RDNIAGARARIVERPYMEWBURNRDWILLODELL RDSODOM RDSODOM RDSTANLEY AVORT RDB I G G A R R D
Y O K OM R DMCKENNEY RDSH E R K R D
SA U E R R D
MONTROSE RDMONTROSE RDMCKENNEY RDMORRIS RDS C H I S L E R R DGARNER RDGARNERRDTHOROLD TOWNLINE RDWE A V E R R DQU
E
E
N
E
L
I
Z
A
B
E
T
H
WY
QUEEN ELIZABETH WYQUEENELIZABETHWYQUEENELIZABETHWYQUEENELIZAB
E
T
H
W
YNIAGARARIVERPYCITY OF
THOROLD
CITY OF
WELLAND
TOWN OFNIAGARA-ON-THE-LAKE
CITY OF P ORT COLBOR NE
TOWN
OF FORT
ERIE
Transit Station
Secondary Plan
see Schedule A-5
37I
37A
51
13
14
8
37D 2
1
7
6
15
4
5
58
56
61
60
59
62
67
66
64
42
41
48
40
46
44
52
50
55
54
20
16
18
21
19
24
23
31
28
25
26
27 33
32
36
35
45
47
38
37H
37G
37C
37K
37B
37E 37F
17
3
37J
39
12
70
5363
34
72
71
69
74
Garner South
Secondary Plan
see Schedule A-3
Riverfront Secondary
Plan see Schedule A-6
Grand Niagara
Secondary Plan
see Schedule A-4
68
68
Schedule A
to the Official Plan
FU TURE LAND USE
PLANNING & DEVELOPMENT DIVISION
Updated to: January 2020
K:\SourceData\Shapes\OP\Schedule A\OPSchedule_A_11x17.mxd
0 3 Km
Legend
Environmental Conservation Area
Environmental Protection Area
Extractive Industrial
Good General Agriculture
Industrial
Major Commercial
Minor Commercial
Niagara Escarpment Plan A rea
Open Space
Parkway Residential
Residential
Resort Commercial
Theme Park Marineland
Tourist Commercial
Intake Protection Zone IPZ-1
Secondary Plan Area
Special Policy Area
Urban Area Boundary
NOTE: THIS MAP MUST BE READ IN CONJUNCTION WITH THE
WRITTEN TEXT OF THE OFFICIAL PLAN APPROVED OCTOBER 1993
UPDATED TO November 2019 /
1:55,000ScalePage 364 of 549
Zoning By-law 79-200
• Split-zoned: General Commercial “GC” and
“Residential Two “R2”.
• The GC Zone permits retail and commercial uses,
but not residential.
• The R2 zone permits residential uses including
detached, semi-detached, and duplex dwellings.
Apartment dwellings and stacked townhouses
(such as those proposed), are not permitted as of
right.
• A zoning by-law amendment is required to
create a site-specific for the site which permits
residential apartment uses as contemplated in
the Niagara Falls Official Plan, as well as parking
exceptions and exceptions to various regulations.
SUBJECTSITE
Page 365 of 549
3.5 storeys
10.75 metres Height
3,419.4 m2 Gross
3,346.6 m2 Net Site Area
3,045.8 m2Gross Floor Area
39 Units
8 1-bedroom units
6 1-bedroom + den units
19 2-bedroom units
6 2-bedroom + den units
Residential Units
45 Spaces Total
114 units per hectare
0.89 Floor Space IndexDensity
Vehicular Parking
Proposal Highlights
Page 366 of 549
GARBAGE TRUCK
2.98m X 11.54m
G A R B A G E T R U C K
2 .9 8 m X 1 1 .5 4 m
GARBAGE TRUCK2.98m X 11.54mGARBAGE TRUCK2.98m X 11.54m14 7
6
15
PAVED GARBAGE ENCLOSURE
SNOW STORAGECOMMUNITY MAILBOXSETBACK LINE
SETBACK LINESETBACK LINE
SETBACK LINE
PORTAGE ROADBLOCK B
18 RESIDENTIAL DWELLING UNITS BLOCK A21 RESIDENTIAL DWELLING UNITSDRIVE AISLEDRIVE AISLEDRIVE AISLEFIRE ROUTE
(CROSSHATCHED)
27' - 0 1/2"
8.25 m
17' - 8 1/2"
5.40 m
18' - 0"
5.49 m
18' - 0"
5.49 m
18' - 0"
5.49 m
18' - 0"
5.49 m
17' - 8 1/2"
5.40 m
37' - 10"
11.53 m
19' - 8"
6.00 m
22' - 2"
6.76 m
20' - 8 1/2"
6.32 m
19' - 8"
6.00 m
4' - 11"
1.50 m
2' - 8 1/2"0.82 m
48' - 5"
14.75 m20' - 1"6.12 m17' - 8 1/2"5.40 m18' - 0"5.49 m18' - 0"5.49 m18' - 0"5.49 m18' - 0"5.49 m18' - 0"5.49 m18' - 0"5.49 mPROPOSED WALKWAY
PROPOSED WALKWAY TO PARK PROPOSED WALKWAYPROPOSED WALKWAY PROPOSED WALKWAY
EXISTING
WALKWAY
TO PARK
PROPOSED WALKWAY TO
PARK
EXISTING MUNICIPAL WALKWAYPROPERTY LINE
PROPERTY LINE
ORIGINAL PROPERTY LINEORIGINAL PROPERTY LINEPROPERTY LINE PROPERTY LINE9' - 0 1/2"
2.75 m
12' - 9 1/2"
3.90 m
4' - 11"
1.50 m
4' - 11"1.50 m12' - 9 1/2"3.90 m9' - 0 1/2"2.75 mSTAMFORD LION'S PARKPROPERTY LINESITE SIGNAGE107' - 5"
32.74 m NEW PROPERTY LINE3
19' - 8"
6.00 m
9' - 0 1/2"2.75 mPROPOSED WALKWAY TO ADJACENT RESIDENTIAL BUILDING
PROPOSED WALKWAY TO
COMMERCIAL PLAZA
ORIGINAL PROPERTY LINE 6.506.5
0
EXISTING ONE STOREY COMMERCIAL PLAZA
EXISTING TWO STOREY
RESIDENTIAL BUILDING
EXISTING NINE STOREY
RESIDENTIAL BUILDING
EXISTING THREE STOREY RESIDENTIAL BUILDING125' - 5"38.22 m19' - 8"6.00 m17' - 0"
5.18 m
EX. HYDRANT
77' - 11"
23.75 m
PARKLAND AREA
TAKEN
PARKLAND AREA
TAKEN
COMPACT CAR SPOT
25' - 0"
7.62 m
9' - 10"3.00 m5' - 2"1.58 m27' - 11 1/2"8.53 m5' - 9 1/2"1.76 m4' - 7"1.40 m4' - 11"1.50 m19' - 8"6.00 m20' - 8"6.30 m2' - 8 1/2"
0.82 m
5' - 2"
1.57 m
7' - 2"
2.19 m18' - 4"5.59 m33' - 5 1/2"10.20 m33' - 9"10.29 m5' - 1 1/2"
1.56 m
5' - 4"
1.62 m
5' - 0 1/2"
1.54 m
15' - 6"
4.72 m
17' - 3 1/2"
5.28 m
9' - 10"3.00 m4' - 11"1.50 m14' - 9"4.50 m18' - 6"5.65 m9' - 10"
3.00 m
ZONING CATEGORY PERFORMANCE
STANDARD (METRIC)
SITE AREA (EXISTING)
SITE AREA (PROPOSED LESS SOUTH EASEMENT
& ROAD WIDENING PLUS PARKLAND AREA)
DENSITY (FSI)
DENSITY (UPH)
TOTAL GFA
TOTAL GROUND FLOOR AREA
LOT COVERAGE (%)
LANDSCAPED OPEN SPACE (%)
PAVED AREA (%)
HEIGHT (STOREYS)
HEIGHT (METERS) + MPH
NUMBER OF UNITS
UNIT DISTRIBUTION
1 BEDROOM
1 BEDROOM + DEN
2 BEDROOM
2 BEDROOM + DEN
VEHICLE PARKING SPACES (TOTAL)
RESIDENT PARKING SPACES
VISITOR PARKING SPACES
ACCESSIBLE PARKING SPACES
BICYCLE PARKING SPACES
FRONT YARD SETBACK
INTERIOR SIDE YARD SETBACK (NORTH)
INTERIOR SIDE YARD SETBACK (SOUTH)
REAR YARD SETBACK
3,419.4 M2
0.91 FSI
116.5 uph
3,045.80 M2
817.66 M2
23.91%
31.9%
38.1%
3
10.75 M
39
8
6
19
6
44
39
5
2
4 SPACES (10 BIKES)
3 M
5.65 M
1.50 M
4.72 M
3,346.6 M2
LEGEND:
PROPOSED DWELLING/ACCESSORY STRUCTURE
PROPOSED CONCRETE FINISH WALKWAYS
PROPOSED ASPHALT FINISH
PROPOSED SOFT LANDSCAPING
FIRE ROUTE
STAMFORD LION’S PARK
BUILDING ENTRANCE
PROPOSED BASEMENT WALK−OUT
PROPOSED BALCONY
1 : 150SD1.0
SITE PLAN1
FILE NAME:PLOT DATE:N O R T HS H E E TS T A M PP R O J E C T N U M B E R
S C A L E
D A T E
D R A W N
C H E C K E DCopyright of this drawing and design is reserved by the Designer. The drawingand all associated documents are an instrument of service by the Designer. Thedrawing and the information contained therein may not be reproduced in wholeor in part without prior written permission of the designer.These Contract Documents are the property of the architect. The architect bearsno responsibility for the interpretation of these documents by the Contractor.Upon written application the architect will provide written/graphic clarification orsupplementary information regarding the intent of the Contract Documents. Thearchitect will review Shop Drawings submitted by the Contractor for designconformance only.Drawings are not to be scaled for construction. Contractor to verify all existingconditions and dimensions required to perform the work and report anydiscrepancies with the Contract Documents to the architect beforecommencing work.Positions of exposed or finished mechanical or electrical devices, fittings, andfixtures are indicated on architectural drawings. The locations shown on thearchitectural drawings govern over the Mechanical and Electrical drawings.Those items not clearly located will be located as directed by the architect.These drawings are not to be used for construction unless noted below as "Issuedfor Construction"All work to be carried out in conformance with the Code and bylaws of theauthorities having jurisdiction.The Designer of these plans and specifications gives no warranty orrepresentation to any party about the constructability of the represented bythem. all contractors or subcontractors must satisfy themselves when bidding andat all times that they can properly construct the work represented by these plans.X:\Organica Projects\2021\21046 - 3846 Portage Road\Revit Model\2022.01.24 - 3846 Portage Road - Revised Site Plan\2022.01.12 - 3846 Portage Road - Revised Site Plan.rvt2022-03-25 12:47:47 PMAs indicated
2022-03-25 12:47:47 PM3846 Portage Rd, Niagara Falls,ON L2J 2K9SITE PLAN21046
MS
MS
SD1.0NO.DESCRIPTIONDATE4ISSUED FOR COORDINATION2022.02.013ISSUED FOR COORDINATION2022.02.012ISSUED FOR COORDINATION2022.01.121ISSUED FOR SPA2021.12.03GARBAGE TRUCK2.98m X 11.54mGARBAGE TRUCK2.98m X 11.54m
GARBAGE TRUCK2.98m X 11.54mGARBAGE TRUCK2.98m X 11.54m147615PAVED GARBAGE ENCLOSURE
SNOW STORAGECOMMUNITY MAILBOXSETBACK LINESETBACK LINESETBACK LINE
SETBACK LINE
PORTAGE ROADBLOCK B
18 RESIDENTIAL DWELLING UNITSBLOCK A21 RESIDENTIAL DWELLING UNITSDRIVE AISLEDRIVE AISLEDRIVE AISLEFIRE ROUTE(CROSSHATCHED)
27' - 0 1/2"
8.25 m
17' - 8 1/2"
5.40 m
18' - 0"
5.49 m
18' - 0"
5.49 m
18' - 0"
5.49 m
18' - 0"
5.49 m
17' - 8 1/2"
5.40 m
37' - 10"
11.53 m
19' - 8"
6.00 m
22' - 2"
6.76 m
20' - 8 1/2"
6.32 m
19' - 8"
6.00 m
4' - 11"
1.50 m
2' - 8 1/2"0.82 m
48' - 5"
14.75 m20' - 1"6.12 m17' - 8 1/2"5.40 m18' - 0"5.49 m18' - 0"5.49 m18' - 0"5.49 m18' - 0"5.49 m18' - 0"5.49 m18' - 0"5.49 mPROPOSED WALKWAY
PROPOSED WALKWAY TO PARKPROPOSED WALKWAYPROPOSED WALKWAY PROPOSED WALKWAY
EXISTING
WALKWAY
TO PARK
PROPOSED WALKWAY TO PARK
EXISTING MUNICIPAL WALKWAYPROPERTY LINEPROPERTY LINE ORIGINAL PROPERTY LINEORIGINAL PROPERTY LINEPROPERTY LINEPROPERTY LINE9' - 0 1/2"2.75 m12' - 9 1/2"3.90 m4' - 11"1.50 m
4' - 11"1.50 m12' - 9 1/2"3.90 m9' - 0 1/2"2.75 mSTAMFORD LION'S PARKPROPERTY LINESITE SIGNAGE107' - 5"
32.74 m NEW PROPERTY LINE319' - 8"6.00 m9' - 0 1/2"2.75 mPROPOSED WALKWAY TO ADJACENT
RESIDENTIAL BUILDING
PROPOSED WALKWAY TO COMMERCIAL PLAZA
ORIGINAL PROPERTY LINE6.506.50EXISTING ONE STOREY COMMERCIAL PLAZA
EXISTING TWO STOREY
RESIDENTIAL BUILDING
EXISTING NINE STOREY
RESIDENTIAL BUILDING
EXISTING THREE STOREY
RESIDENTIAL BUILDING125' - 5"38.22 m19' - 8"6.00 m17' - 0"
5.18 m
EX. HYDRANT77' - 11"23.75 m
PARKLAND AREA
TAKEN
PARKLAND AREA TAKENCOMPACT CAR SPOT
25' - 0"
7.62 m
9' - 10"3.00 m5' - 2"1.58 m27' - 11 1/2"8.53 m5' - 9 1/2"1.76 m4' - 7"1.40 m4' - 11"1.50 m19' - 8"6.00 m20' - 8"6.30 m2' - 8 1/2"0.82 m
5' - 2"
1.57 m
7' - 2"
2.19 m18' - 4"5.59 m33' - 5 1/2"10.20 m33' - 9"10.29 m5' - 1 1/2"1.56 m 5' - 4"1.62 m 5' - 0 1/2"1.54 m15' - 6"4.72 m
17' - 3 1/2"
5.28 m
9' - 10"3.00 m4' - 11"1.50 m14' - 9"4.50 m18' - 6"5.65 m9' - 10"
3.00 m
ZONING CATEGORY PERFORMANCE STANDARD (METRIC)SITE AREA (EXISTING)SITE AREA (PROPOSED LESS SOUTH EASEMENT & ROAD WIDENING PLUS PARKLAND AREA)DENSITY (FSI)DENSITY (UPH)TOTAL GFATOTAL GROUND FLOOR AREALOT COVERAGE (%)LANDSCAPED OPEN SPACE (%)PAVED AREA (%)HEIGHT (STOREYS)HEIGHT (METERS) + MPHNUMBER OF UNITSUNIT DISTRIBUTION1 BEDROOM1 BEDROOM + DEN
2 BEDROOM
2 BEDROOM + DEN
VEHICLE PARKING SPACES (TOTAL)
RESIDENT PARKING SPACES
VISITOR PARKING SPACES
ACCESSIBLE PARKING SPACES
BICYCLE PARKING SPACES
FRONT YARD SETBACK
INTERIOR SIDE YARD SETBACK (NORTH)
INTERIOR SIDE YARD SETBACK (SOUTH)
REAR YARD SETBACK
3,419.4 M20.91 FSI116.5 uph3,045.80 M2817.66 M223.91%31.9%38.1%310.75 M3986
19
6
44
39
5
2
4 SPACES (10 BIKES)
3 M
5.65 M
1.50 M
4.72 M
3,346.6 M2
LEGEND:
PROPOSED DWELLING/ACCESSORY STRUCTURE
PROPOSED CONCRETE FINISH WALKWAYS
PROPOSED ASPHALT FINISH
PROPOSED SOFT LANDSCAPING
FIRE ROUTE
STAMFORD LION’S PARK
BUILDING ENTRANCE
PROPOSED BASEMENT WALK−OUT
PROPOSED BALCONY
1 : 150SD1.0
SITE PLAN1
FILE NAME:PLOT DATE:N O R T HS H E E TS T A M PP R O J E C T N U M B E R
S C A L E
D A T E
D R A W N
C H E C K E DCopyright of this drawing and design is reserved by the Designer. The drawingand all associated documents are an instrument of service by the Designer. Thedrawing and the information contained therein may not be reproduced in wholeor in part without prior written permission of the designer.These Contract Documents are the property of the architect. The architect bearsno responsibility for the interpretation of these documents by the Contractor.Upon written application the architect will provide written/graphic clarification orsupplementary information regarding the intent of the Contract Documents. Thearchitect will review Shop Drawings submitted by the Contractor for designconformance only.Drawings are not to be scaled for construction. Contractor to verify all existingconditions and dimensions required to perform the work and report anydiscrepancies with the Contract Documents to the architect beforecommencing work.Positions of exposed or finished mechanical or electrical devices, fittings, andfixtures are indicated on architectural drawings. The locations shown on thearchitectural drawings govern over the Mechanical and Electrical drawings.Those items not clearly located will be located as directed by the architect.These drawings are not to be used for construction unless noted below as "Issuedfor Construction"All work to be carried out in conformance with the Code and bylaws of theauthorities having jurisdiction.The Designer of these plans and specifications gives no warranty orrepresentation to any party about the constructability of the represented bythem. all contractors or subcontractors must satisfy themselves when bidding andat all times that they can properly construct the work represented by these plans.X:\Organica Projects\2021\21046 - 3846 Portage Road\Revit Model\2022.01.24 - 3846 Portage Road - Revised Site Plan\2022.01.12 - 3846 Portage Road - Revised Site Plan.rvt2022-03-25 12:47:47 PMAs indicated
2022-03-25 12:47:47 PM3846 Portage Rd, Niagara Falls,ON L2J 2K9SITE PLAN21046
MS
MS
SD1.0NO.DESCRIPTIONDATE4ISSUED FOR COORDINATION2022.02.013ISSUED FOR COORDINATION2022.02.012ISSUED FOR COORDINATION2022.01.121ISSUED FOR SPA2021.12.03Proposed
Concept Plan
Prepared By
Organica Studio
Page 367 of 549
Block A Elevation - Front
Elevations
FIN. GROUND FLOOR
5’ −1 1/2"
FIN. SECOND FLOOR
15’ −2"
FIN. BASEMENT FLOOR
−4’ −11"
GRADE
0’ −0"
TOP OF ROOF
35’ −3"
NEW −FIN. THIRD FLOOR
25’ −2 1/2"
ARCH BLOCK
PVC VERTICAL SIDING
ALUMINIUM AND GLASS RAILING
PRESSURE TREATED WOOD DIVIDER SCREENS
FIBER CEMENT SIDING
BRICK VENNER CLADING
FILE NAME:PLOT DATE:│7 -1 4 5 B i r m i n g h a m S t r e e t │T o r o n t o O N │M 8 V 3 Z 8 │9 0 5 8 3 2 5 7 5 8 │o r g a n i c a s t u d i o . c a │i n f o @o r g a n i c a s t u d i o . c aX:\Organica Projects\2021\21046 - 3846 Portage Road\Revit Model\2022.05.19 - 3846 Portage Road - Revised Exterior and Elevations\2022.05.19 - 3846 Portage Road - Revised Exterior and Elevations.rvt2022-05-25 3:15:49 PM3846 Portage Rd, Niagara Falls, ON L2J 2K9 21046
05/25/22
HAWK DEVELOPMENT
1 : 125SD8
ELEVATION BLOCK A FRONT1
Prepared By
Organica StudioPage 368 of 549
Block A Elevation - Back
Elevations
FIN. SECOND FLOOR
12’ −9 1/2"
GRADE
−2’ −4 1/2"
FIN. GROUND FLOOR
5’ −1 1/2"
FIN. BASEMENT FLOOR
−4’ −11"
GRADE
0’ −0"
TOP OF ROOF
35’ −3"
FIN.THIRD FLOOR
22’ −10"
ARCH BLOCK
PRESSURE TREATED WOOD DIVIDER SCREENS
BRICK VENNER CLADING
ALUMINIUM AND GLASS RAILING
FIBER CEMENT SIDING
FILE NAME:PLOT DATE:│7 -1 4 5 B i r m i n g h a m S t r e e t │T o r o n t o O N │M 8 V 3 Z 8 │9 0 5 8 3 2 5 7 5 8 │o r g a n i c a s t u d i o . c a │i n f o @o r g a n i c a s t u d i o . c aX:\Organica Projects\2021\21046 - 3846 Portage Road\Revit Model\2022.05.19 - 3846 Portage Road - Revised Exterior and Elevations\2022.05.19 - 3846 Portage Road - Revised Exterior and Elevations.rvt2022-05-25 3:15:59 PM3846 Portage Rd, Niagara Falls, ON L2J 2K9 21046
05/25/22
HAWK DEVELOPMENT
1 : 125SD9
ELEVATION BLOCK A BACK1
Prepared By
Organica StudioPage 369 of 549
Block B Elevation - Front
Elevations
FIN. GROUND FLOOR
5’ −1 1/2"
FIN. SECOND FLOOR
15’ −2"
FIN. BASEMENT FLOOR
−4’ −11"
GRADE
0’ −0"
TOP OF ROOF
35’ −3"
NEW −FIN. THIRD FLOOR
25’ −2 1/2"
ARCH BLOCK
PVC VERTICAL SIDING
PRESSURE TREATED WOOD DIVIDER SCREENS
FIBER CEMENT SIDING
ALUMINIUM AND GLASS RAILING
BRICK VENNER CLADING
FILE NAME:PLOT DATE:│7 -1 4 5 B i r m i n g h a m S t r e e t │T o r o n t o O N │M 8 V 3 Z 8 │9 0 5 8 3 2 5 7 5 8 │o r g a n i c a s t u d i o . c a │i n f o @o r g a n i c a s t u d i o . c aX:\Organica Projects\2021\21046 - 3846 Portage Road\Revit Model\2022.05.19 - 3846 Portage Road - Revised Exterior and Elevations\2022.05.19 - 3846 Portage Road - Revised Exterior and Elevations.rvt2022-05-25 3:16:08 PM3846 Portage Rd, Niagara Falls, ON L2J 2K9 21046
05/25/22
HAWK DEVELOPMENT
1 : 125SD10
ELEVATION BLOCK B FRONT1
Prepared By
Organica StudioPage 370 of 549
Block B Elevation - Back
Elevations
FIN. GROUND FLOOR
5’ −1 1/2"
FIN. SECOND FLOOR
15’ −2"
FIN. BASEMENT FLOOR
−4’ −11"
GRADE
0’ −0"
TOP OF ROOF
35’ −3"
NEW −FIN. THIRD FLOOR
25’ −2 1/2"
ARCH BLOCK
FIBER CEMENT SIDING
ALUMINIUM AND GLASS RAILING
BRICK VENNER CLADING
FILE NAME:PLOT DATE:│7 -1 4 5 B i r m i n g h a m S t r e e t │T o r o n t o O N │M 8 V 3 Z 8 │9 0 5 8 3 2 5 7 5 8 │o r g a n i c a s t u d i o . c a │i n f o @o r g a n i c a s t u d i o . c aX:\Organica Projects\2021\21046 - 3846 Portage Road\Revit Model\2022.05.19 - 3846 Portage Road - Revised Exterior and Elevations\2022.05.19 - 3846 Portage Road - Revised Exterior and Elevations.rvt2022-05-25 3:16:17 PM3846 Portage Rd, Niagara Falls, ON L2J 2K9 21046
05/25/22
HAWK DEVELOPMENT
1 : 125SD11
ELEVATION BLOCK B BACK1
Prepared By
Organica StudioPage 371 of 549
View Block A Front
FILE NAME:PLOT DATE:│7 -1 4 5 B i r m i n g h a m S t r e e t │T o r o n t o O N │M 8 V 3 Z 8 │9 0 5 8 3 2 5 7 5 8 │o r g a n i c a s t u d i o . c a │i n f o @o r g a n i c a s t u d i o . c aX:\Organica Projects\2021\21046 - 3846 Portage Road\Revit Model\2022.05.19 - 3846 Portage Road - Revised Exterior and Elevations\2022.05.19 - 3846 Portage Road - Revised Exterior and Elevations.rvt2022-05-25 3:14:29 PM3846 Portage Rd, Niagara Falls, ON L2J 2K9 21046
05/25/22
HAWK DEVELOPMENT
SD4
VIEW BLOCK A FRONT1
Prepared By
Organica StudioPage 372 of 549
View Block A Back
FILE NAME:PLOT DATE:│7 -1 4 5 B i r m i n g h a m S t r e e t │T o r o n t o O N │M 8 V 3 Z 8 │9 0 5 8 3 2 5 7 5 8 │o r g a n i c a s t u d i o . c a │i n f o @o r g a n i c a s t u d i o . c aX:\Organica Projects\2021\21046 - 3846 Portage Road\Revit Model\2022.05.19 - 3846 Portage Road - Revised Exterior and Elevations\2022.05.19 - 3846 Portage Road - Revised Exterior and Elevations.rvt2022-05-25 3:14:45 PM3846 Portage Rd, Niagara Falls, ON L2J 2K9 21046
05/25/22
HAWK DEVELOPMENT
SD5
VIEW BLOCK A BACK1
Prepared By
Organica StudioPage 373 of 549
View Block B Front
FILE NAME:PLOT DATE:│7 -1 4 5 B i r m i n g h a m S t r e e t │T o r o n t o O N │M 8 V 3 Z 8 │9 0 5 8 3 2 5 7 5 8 │o r g a n i c a s t u d i o . c a │i n f o @o r g a n i c a s t u d i o . c aX:\Organica Projects\2021\21046 - 3846 Portage Road\Revit Model\2022.05.19 - 3846 Portage Road - Revised Exterior and Elevations\2022.05.19 - 3846 Portage Road - Revised Exterior and Elevations.rvt2022-05-25 3:15:06 PM3846 Portage Rd, Niagara Falls, ON L2J 2K9 21046
05/25/22
HAWK DEVELOPMENT
SD6
VIEW BLOCK B FRONT1
Prepared By
Organica StudioPage 374 of 549
View Block B Back
FILE NAME:PLOT DATE:│7 -1 4 5 B i r m i n g h a m S t r e e t │T o r o n t o O N │M 8 V 3 Z 8 │9 0 5 8 3 2 5 7 5 8 │o r g a n i c a s t u d i o . c a │i n f o @o r g a n i c a s t u d i o . c aX:\Organica Projects\2021\21046 - 3846 Portage Road\Revit Model\2022.05.19 - 3846 Portage Road - Revised Exterior and Elevations\2022.05.19 - 3846 Portage Road - Revised Exterior and Elevations.rvt2022-05-25 3:15:40 PM3846 Portage Rd, Niagara Falls, ON L2J 2K9 21046
05/25/22
HAWK DEVELOPMENT
SD7
VIEW BLOCK B BACK1
Prepared By
Organica StudioPage 375 of 549
Conclusions
Intensification
• Intensification on the subject site in the form
of residential stacked townhouse buildings is
appropriate and desirable.
• Proposal meets the intent of the residential
intensification and supporting use policies by
strategically locating higher residential densities
with the City’s Intensification Corridors.
Land Use
• Stacked townhouses are compatible with site and
surrounding uses, and are an appropriate built
form for the site.Page 376 of 549
Conclusions
Height & Massing
• Proposed height of 3.5 storeys is in line with
and respects surrounding building heights along
Portage Road and is in compliance with current
zoning permissions.
• Proposed built form has been strategically
designed to limit any potential impacts to
surrounding lands.
Built Form & Urban Design
• Proposed buildings will not result in any
unacceptable built form impacts including
shadow, skyview and privacy.
• Development will fit harmoniously within the
surrounding built form context.
• Design will create a pedestrian friendly
development with improved frontages onto both
Portage Road and Stamford Lion’s Park, while
improving area pedestrian connections through
the provision of a new pedestrian connection
from Portage Road to Stamford Lion’s park.Page 377 of 549
FILE NAME:PLOT DATE:│7 -1 4 5 B i r m i n g h a m S t r e e t │T o r o n t o O N │M 8 V 3 Z 8 │9 0 5 8 3 2 5 7 5 8 │o r g a n i c a s t u d i o . c a │i n f o @o r g a n i c a s t u d i o . c aX:\Organica Projects\2021\21046 - 3846 Portage Road\Revit Model\2022.05.19 - 3846 Portage Road - Revised Exterior and Elevations\2022.05.19 - 3846 Portage Road - Revised Exterior and Elevations.rvt2022-05-25 3:14:29 PM3846 Portage Rd, Niagara Falls, ON L2J 2K9 21046
05/25/22
HAWK DEVELOPMENT
SD4
VIEW BLOCK A FRONT1
Q&A
Thank-You
Page 378 of 549
PBD-2022-49
Report
Report to: Mayor and Council
Date: July 12, 2022
Title:
AM-2022-002
Official Plan and Zoning By-law Amendment
3770 Montrose Road
Applicant: Cassone Dwellings (BT) Inc. (Daniel Marinovic)
Agent: Bousfields Inc. (Evan Sugden)
Recommendation(s)
1. That Council approve the Official Plan and Zoning By-law amendments as
detailed in this report to redevelop the lands with a mix of residential uses,
subject to the regulations outlined in this report
2. That the amending zoning by-law include a Holding (H) provision to require a
Record of Site Condition (RSC).
Executive Summary
ZPlan and Official an requested (BT) Inc. Dwellings Cassone has oning By-law
amendment for 5.4 hectares (13.3 acres) of land known as 3770 Montrose Road. The
Official Plan amendment is requesting a Special Policy Area be placed on the property to
permit the redevelopment of the land for any type of residential use. The Zoning By-law
amendment is requesting the subject property be rezoned to a site specific Residential
Low Density, Grouped Multiple Dwellings (R4) zone, to allow the development of 275
residential units.
Planning staff recommend the amendments as modified in this report, for the following
reasons:
• The proposed development complies with Provincial, Regional, and the intent of
City policies as it intensifies land within the Built-Up Area, will assist the City in
meeting its intensification targets, and will provide additional housing choices for
residents, and;
• The requested and modified provisions are appropriate to regulate the proposed
use and ensure the proposed development will be compatible with surrounding
properties.
Page 1 of 11
Page 379 of 549
Background
Proposal
Cassone Dwellings (BT) Inc. has requested an Official Plan a nd Zoning By-law
amendment for 5.4 hectares (13.3 acres) of land known as 3770 Montrose Road
(Schedule 1).
The City’s Official Plan designates the subject land as Major Commercial. The Major
Commercial designation may consider residential development through a zoning by-law
amendment for medium or high-density apartments. The applicant is requesting a Special
Policy Area be placed on the property to permit the redevelopment of the land for any
type of residential use.
The lands are currently zoned Shopping Centre Commercial (SC-724) under By-law 79-
200, as amended, which permits the development of the land for a variety of retail and
commercial uses. The proposed Zoning By-law Amendment requests the land be rezoned
to a site specific R4 zone to add semi-detached dwelling units as a permitted use and
apply site specific regulations.
Site Conditions and Surrounding Land Uses
The subject lands currently house the former Canadian Tire Store, a drive -through ATM,
and a strip of commercial units. The commercial buildings will be removed to facilitate this
development. There are detached and townhouse dwellings to the north, Montrose Road
and detached dwellings to the west, the QEW to the east, and commercial uses to the
south.
Circulation Comments
• Regional Municipality of Niagara (the Region)
o No objections, subject to the inclusion of a Holding (H) provision to require
the filing of a Record of Site Condition (RSC).
• Ministry of Transportation
o No objections, subject to a 14.0 metre setback from the eastern property
line (abutting the QEW) being included in the amending By-law
• Municipal Works, Fire Services, GIS, Parks Design, Building
o No objections.
o Detailed comments will be provided at time of Draft Plan of Condominium
stage.
o Cash-in-lieu of parkland dedication (5% of the appraised land value) will be
required.
• Transportation Services
o No objections, subject to applying a site -specific 1.25 parking space per
dwelling unit rate.
Page 2 of 11
Page 380 of 549
Neighbourhood Comments
A remote neighbourhood open house was held on April 25, 2022 and was attended by 10
area residents. The plan shared with residents included a 231 -unit block townhouse
development (see Schedule 3), which has since been revised (see Schedule 2).
The resident’s concerns are summarized as follows:
• Compatibility
• Lack of amenity space for residents
• Parking
• Snow removal
• Traffic
• Trees and fencing in need of repair
Staff note the following:
• A revised plan has been submitted. Semi-detached dwelling units are now
proposed along the northern property line with a rear yard setback of 7 metres to
provide better compatibility with the uses to the north.
• A parkette block is now proposed that provides amenity & snow storage space.
• The applicant is not requesting a reduction to the required parking ratio as the
minimum parking ratio of 1.4 parking spaces per unit will be met.
• The Region has identified areas where they are requesting more information to
identify where/if improvements will be required to the Montrose and Thorold
Stone Road intersection. This will be dealt with through draft plan conditions in a
future Draft Plan of Condominium application, if approved. The Region has no
objections to the proposed Official Plan and Zoning By-law amendment.
• If approved, the next step will be a Vacant Land of Condominium application.
Through this process, a fence will be required to surround the subject property
and unhealthy trees will be removed.
Revised Proposal
The revised proposal contains 275 dwelling units, an additional 44 units than what was
previously proposed. The unit-count is comprised of 26 semi-detached, 109 block
townhouse, and 140 stacked townhouses dwellings. Stacked townhouses are considered
apartment units in the City’s Zoning By-law 79-200. In addition, there is a proposed
parkette block that is approximately 500 square metres to provide increased Landscaped
Open Space.
Analysis
1. Provincial Policies
The Planning Act requires City planning decisions to be consistent with the
Provincial Policy Statement and conform to the Provincial “A Place to Grow” Plan.
The proposed development is consistent and conforms as follows:
o The proposed development satisfies matters of provincial interest as
outlined in Section 2 of the Planning Act;
o The proposed development is transit supportive, assists in the creation of a
complete community, and minimizes land consumption and servicing costs;
Page 3 of 11
Page 381 of 549
o The creation of 275 dwelling units within the Built-up Area will contribute to
the City’s annual residential intensification rate and diversify the housing
type available to residents.
2. Regional Official Plan
The subject land is designated as Urban Area (Built-up Area) in the Regional
Official Plan. The proposed development conforms as follows:
The proposed development is compact, offers a variety of housing types, is
transit supportive, and will result in intensification in the Built-up Area.
3. Official Plan
The subject lands are designated Major Commercial in the City’s Official Plan.
Where commercially designated lands are in excess of demand, zoning bylaw
amendments for medium and high-density apartments as a form of residential
intensification may be considered subject to certain criteria. The applicant is
requesting an Official Plan amendment to allow the property to redevelop for
residential purposes without restricting the built form to apartments.
The requested amendment conforms to the intent of the Official Plan as stacked
townhouses are a form of apartments. Planning Staff recommend the amendment
require semi-detached, block townhouse and stacked townhouse dwelling units be
developed on the property to provide a mix of housing types to meet the needs of
a variety of ages and incomes.
In considering an Official Plan amendment, Council is to consider the conformity
of the proposal to the general objectives of the Plan, suitability of the site or area
for the proposed use, compatibility of the proposed use with adjacent land use
designations, need for the use, availability of adequate municipal services and
facilities for the proposed use, and its financial implications.
The proposal complies with the intent of the Official Plan as follows:
o The proposal contains 275 dwelling units at a density of 50.4 units per
hectare, and a maximum height of 3 storeys, which is permitted. The
commercial uses on the subject lands have been vacant or leased below
market rate for 3 years according to the submitted Planning Rationale
Report;
o Semi-detached dwelling units have been proposed along the northern lot
line that abuts detached and block townhouse units to provide suitable
compatibility to the existing neighbourhood. There is a gradation of building
heights and densities towards Montrose Road (semi’s to townhouses to
stacked townhouses);
o The proposed stacked townhouse units provide an active presence abutting
the commercial uses to the south by providing balconies and a front façade
that faces the commercial plaza;
Page 4 of 11
Page 382 of 549
o The proposal does not interfere with the established commercial traffic flow
as there is only one access point that is proposed at an existing internal
intersection;
o The applicant is providing adequate landscaping and open space through
private pathways and the parkette. The rear yards of the proposed semi-
detached and townhouse dwellings offer suitable separation distances to
provide privacy and a positive amenity space; and,
o There are adequate municipal services. Further transportation studies will
be submitted as part of a future Vacant Land of Condominium application,
if approved. The Region will provide conditions for any transportation
improvements, if required, at that time.
4. Zoning By-law
The applicant is proposing to rezone the land to a site-specific R4 zone. The R4 zone
permits townhouse and apartment (stacked townhouse) dwelling units.
The changes to the standard R4 regulations are summarized in the following table:
ZONE REGULATIONS EXISTING
REGULATIONS
REQUESTED
REGULATIONS
Permitted Uses As per Section 7.9.1,
To add Semi-Detached
Dwelling Units
Minimum lot area for:
an apartment dwelling
a townhouse dwelling
a semi-detached dwelling
200 sq.m.
250 sq.m.
None
74 sq.m
210 sq.m.
234 sq.m.
Minimum front yard depth
for:
an apartment dwelling
a townhouse dwelling
7.5 metres plus 13.1
metres from the centreline
of Montrose Road
6 metres plus 13.1 metres
from the centreline of
Montrose Road
3 metres
36 metres
Page 5 of 11
Page 383 of 549
a semi-detached dwelling
None
36 metres
Minimum rear yard depth
for:
an apartment dwelling
a townhouse dwelling
a semi-detached dwelling
10 metres
7.5 metres
None
17 metres
55 metres
28 metres
Minimum interior side yard
setback for:
an apartment dwelling
a townhouse dwelling
a semi-detached dwelling
5.5 metres
5.5 metres
None
1.2 metres
36.5 metres
7.0 metres
Minimum privacy yard
depth for each:
semi-detached dwelling
unit, as measured from the
exterior rear wall of every
dwelling unit
townhouse dwelling unit,
as measured from the
exterior rear wall of every
dwelling unit
None
7.5 metres
7.0 metres
7.0 metres
Minimum landscaped open
space
45 square metres for each
dwelling unit
77.3 square metres for
each dwelling unit
Maximum height of
building or structure
10 metres subject to
section 4.7
11 metres subject to
section 4.7
Page 6 of 11
Page 384 of 549
Staff support the bolded regulations as they exceed minimum requirements, are technical
in nature, and help to secure the layout of the proposal.
The remaining requested regulations can be supported for the following reasons:
• The reduced lot area per dwelling for the semi-detached, townhouse and
apartment dwelling units meets Official Plan requirements for density and a
suitable building envelope is provided;
• The reduced front yard setback for apartment dwellings will provide a more active
presence and an improved urban design/interface along Montrose Road.
• The reduced interior side yard setback for apartment dwellings will provide
minimal impacts to the southern interior side yard lot line, which abuts the
commercial plaza. However, Staff recommend that the required interior side yard
lot line to the north for apartment buildings be maintained at 5.5 metres to
provide better compatibility between the proposed apartment dwellings and the
existing semi-detached dwellings.
• The reduced interior side yard setback for the semi-detached dwellings and the
and rear yard setback for the semi-detached and townhouse dwellings have the
same function of providing a rear yard amenity space. The reduced interior side
and rear yard setbacks are minor departures from the current regulation and can
be supported as ample amenity space is provided.
• The increase in height is minor and Staff do not anticipate any resulting adverse
impacts.
Staff recommends the 14-metre requested setback by the Ministry of Transportation
(MTO) from the QEW be added to the amending Zoning By-law, if approved. The proposal
meets this setback and Staff have no issues with including it in the amending By-law.
Financial Implications/Budget Impact
The proposed development will generate development charge contributions and property
tax revenue for the City. There are no other financial implications.
Strategic/Departmental Alignment
This proposal contributes to developing a strong and diverse housing market to provide
housing choices for all residents.
List of Attachments
Schedule 1 - Location Map
Schedule 2 - Revised Site Plan
Schedule 3 - Original Site Plan
Written by:
Alexa Cooper, Planner 2
Submitted by: Status:
Page 7 of 11
Page 385 of 549
Andrew Bryce, Manager, Current Planning Approved
- 07 Jul
2022
Jason Burgess, CAO Approved
- 07 Jul
2022
Page 8 of 11
Page 386 of 549
SCHEDULE 1
(Location Map)
Page 9 of 11
Page 387 of 549
SCHEDULE 2
(Revised Site Plan)
Page 10 of 11
Page 388 of 549
SCHEDULE 3
(Original Site Plan)
Page 11 of 11
Page 389 of 549
3770 Montrose Road –AM-2022-002
Applicant: Bousfields Inc (Evan Sugden)
Proposal: To develop the lands for 275 residential units
Public Meeting-Official Plan & Zoning By-law
Amendment Application
AM-2022-002 –3770 Montrose Road
Page 390 of 549
A GREAT CITY…FOR GENERATIONS TO COME
Gas Bar
QEW
Commercial Plaza
(Food Basics,
Swiss Chalet, Tim
Hortons, etc)
PROPOSED
DEVELOPMENT
Detached
dwellings
Commercial Plaza
(H&R Block, A&W,
Avondale Food
Stores, etc)
Location Townhouse
dwellings
Page 391 of 549
A GREAT CITY…FOR GENERATIONS TO COME
Background
•Applicant has requested approval for an Official Plan & Zoning By-law amendment
for approximately 5.4 ha (13.3 acres) of land.
•The land is zoned a site-specific Shopping Centre Commercial (SC-724) zone.
•The plan has been revised since its first submission. Originally, the submitted plan
proposed 231 townhouse units. Planning Staff have been working with the applicant
on the revised plan, which now proposes 275 units with a mix of housing types.
•The OPA & ZBA applications request the subject land be permitted to redeveloped
as any type of housing form (as opposed to being restricted to Medium and High
Density apartments) and be rezoned to a Site Specific Residential Low Density,
Grouped Multiple Dwelling (R4) zone to facilitate the development of 275 units.Page 392 of 549
A GREAT CITY…FOR GENERATIONS TO COME
Original Plan
231 Block Townhouse Units
Page 393 of 549
A GREAT CITY…FOR GENERATIONS TO COME
Revised Plan
26 Semi-Detached Units
109 Townhouse Units
140 Apartment (Stacked
Townhouse) Units
Parkette
Block
Semi-Detached
Units
Apartment
Units
Parkette Site
Line
275 Residential Units
Page 394 of 549
A GREAT CITY…FOR GENERATIONS TO COME
Proposed Zoning (R4-XX)
Min. Interior Yard
Setback Block 27
1.2m (req’d 5.5m),
Staff rec 5.5m
Min. Lot Area 74 sq.m.
per apartment, 210 per
townhouse, 234 per
semi-detached unit
(req’d 250sq.m.)
Max. Height 11m
(req’d 10m)
Min. Interior & Privacy
Yard Setbacks 7.0m
(req’d 7.5m)
Min. Front Yard
Depth 3m (req’d
6m)
Min. Privacy Yard
Depth 7.0m (req’d
7.5m)
14m QEW Setback
Min. Interior Yard
Setback for
apartment
1.2m (req’d 5.5m)Page 395 of 549
A GREAT CITY…FOR GENERATIONS TO COME
Open House –April 25
Comment/Concern Staff Response
•Compatibility •Semi-detached units are now proposed along the northern
property line for better compatibility
•Amenity space & snow
removal
•A parkette block is now proposed that provides amenity and
snow storage space
•Parking •The applicant is not requesting a reduction to the required
parking rate of 1.4 spaces per unit
•Traffic •The Region has identified areas where they are requesting
more information for where/if improvements will be required
at the Montrose and Thorold Stone Road intersection. This is a
technical matter that will be dealt with through a future
Vacant Land of Condominium application, if approved. The
Region has no objection to the OPA & ZBA.
•Trees and fencing in
need of repair
•If approved, a Vacant Land of Condominium will be submitted.
A new fence will be required to surround the property and
unhealthy trees will be removed.Page 396 of 549
A GREAT CITY…FOR GENERATIONS TO COME
Planning Analysis
•The proposal conforms to Provincial and Regional policies
•Staff recommend that the Local Official Plan amendment be approved with a
modification to require a mix of semi-detached, townhouse and apartment dwellings
to ensure a mix of housing is maintained.
•Staff have no concerns with the requested zoning exceptions subject to:
–a 5.5 metres interior side yard setback for an apartment dwelling along the northern
property line;
–a 14 metre setback from the QEW, and;
–A holding provision being placed on the property until the developer files a Record of Site
Condition with the Province and provides a copy of the Ministry’s acknowledgement to the
satisfaction of the Niagara Region.
•Staff support the application as detailed in report PBD-2022-42.Page 397 of 549
A GREAT CITY…FOR GENERATIONS TO COME
Recommendation
•That Council approve the proposed OPA
& ZBA as modified in report PBD-2022-
49, subject to a holding provision for
filing a Record of Site Condition for the
property with the Province and providing
a copy of acknowledgement from the
Ministry of Environmental, Conservation
and Parks.Page 398 of 549
Statutory
Public
Meeting
3770 Montrose Road
Niagara Falls
July 12, 2022
Page 399 of 549
Purpose
Subject Site & Site Context
Surrounding Uses And The Monstrose Road Corridor
The Applications
The Proposal
Site Plan
Next Steps / Thank You
Agenda
Page 400 of 549
Forest Gate Group have submitted a Zoning By-
Law and Official Plan amendment application
to redevelop a former Canadian Tire site on
the north half of 3770 Montrose Road for a new
multi-unit condominium development comprise
of semi-detached, townhouse, and stacked
townhouse residential dwellings.
The purpose of this meeting is to introduce you
to the “Proposal”, and briefly discuss the intent
of the “Applications” and related rationale.
Purpose
Page 401 of 549
SUBJECT
SITE
DEVELOPMENTSITE
Subject Site
3770 Montrose Road
• Carmel Neighbourhood
• Locally known as the “Mount Carmel Centre”
• Site is large at 5.45 ha and represents major
opportunity for redevelopment.
• Remainder of the site to the south which
includes existing commercial, and the parcel
at 3930 Montrose Road to be retained.
• Frontage along Montrose Road.
• Surrounded by low-rise residential, a major
road corridor and commercial uses. Page 402 of 549
800m
400mQUEEN ELI
ZABETH WAYTHOROLD STONE ROAD MONTROSE ROADKALAR ROADDORCHESTER DRIVEMT CAR
MEL BLVDCAR DIN AL D R IV E
O’ NEAL STREET
C AMERON C TMATTHEWS DRIVEB R O O K D A L E DRSUN W O O D DR
MONES TA R Y D RALPHINE DRIVE ST. PAUL AVENUEQUEEN ELI
ZABETH WAYTHOROLD STONE ROAD MONTROSE ROADKALAR ROADDORCHESTER DRIVEMT CAR
MEL BLVDCAR DIN AL D R IV E
O’ NEAL STREET
ST. PAUL AVENUE C AMERON C TMATTHEWS DRIVEB R O O K D A L E DRSUN W O O D DR
MONES TA R Y D RALPHINE DRIVE
MTCARMELPARK
MTCARMELPARK
MEADOWVALEPARK
GLENGATEPARK
VALOURPARKVALOURPARK
SHRINER’SWOODLOTPARK
SAINT PAUL CATHOLIC HIGH SCHOOL
ORCHARD PARK PUBLIC SCGOOL
ST. VINCENT DE PAUL CATHOLIC ELEMENTARY SCHOOL
NOTRE DAMECATHOLICELEMENTARYSCHOOL
JOHN MARSHALLPUBLIC SCHOOL
JUBALCOTTAGE SCHOOL
PRINCE PHILIP PUBLIC SCHOOL
MARY WARD CATHOLIC ELEMENTARY SCHOOL
SAINT PAUL CATHOLIC HIGH SCHOOL
ORCHARD PARK PUBLIC SCGOOL
ST. VINCENT DE PAUL CATHOLIC ELEMENTARY SCHOOL
NOTRE DAMECATHOLICELEMENTARYSCHOOL
JOHN MARSHALLPUBLIC SCHOOL
JUBALCOTTAGE SCHOOL
PRINCE PHILIP PUBLIC SCHOOL
MARY WARD CATHOLIC ELEMENTARY SCHOOL
STAMFORDCENTRELIBRARY
STAMFORDCENTRELIBRARY
SUBJECTSITE
Site Context
• Within built-up area in location with existing
transit (i.e. areas for growth)
• Site located along Montrose Rd, an arterial
road, and abuts the QEW.
• Bus services at and within a 5-minunte walk
of the subject lands provides connections
east-west and, north-south from/to the
subject lands.
• Site served by multiple bus routes, and in
proximity to routes that provide connection
to Niagara Square Shopping Centre and the
Morrison/Dorchester transit hub.
• Bus stops located along Montrose Road
where it abuts the property and at the 3930
Montrose Road parcel to the south. Page 403 of 549
Surrounding Uses
Page 404 of 549
Zoning By-law
Amendment
New site-specific zones
and exceptions.
Official Plan Amendment
New site-specific policy area
to permit semi-detached,
townhouses, and stacked
townhouses as a form of
residential intensification.
Plan of
Condo
The
Applications
Future
“Other Application”Page 405 of 549
Proposal
4FRONT ELEVATION –REAR LOADED TOWNHOUSES
Category Status
Site Area 54,521 sq.m
(5.45 ha)
Max. Building
Height
3 storeys
(11 metres)
Gross Density 50.4 units per
hectare
Landscaped Area 39.9% of site area
Proposed Dwelling Units
Semi-Detached
Townhouses
Stacked Townhouses
26 (9%)
109 (40%)
140 (51%)
Total Units Overall 275 units
Vehicle Parking Complies with
Zoning
Front Elevation, Rear Loaded Townhouses
Page 406 of 549
5PEDESTRIAN WALKWAY –REAR LOADED TOWNHOUSESPedestrian Walkway - Rear Loaded TownhousesPage 407 of 549
6STREETSCAPE –RETAIL & REAR LOADED TOWNHOUSES 6Streetscape - Retail & Rear Loaded TownhousesPage 408 of 549
7GARAGES –REAR LOADED TOWNHOUSES 7Garages - Rear Loaded TownhousesPage 409 of 549
Site Plan
Page 410 of 549
Next Steps
Applications
Submitted
Meet with Staff &
Discuss Design
Revisions to Proposal
as Necessary
Statutory Public
Meeting
PAC
Meeting
Community
Meeting
Review Staff
Comments
Resubmission with
OPA
We Are
Here!Page 411 of 549
Question & Answers
Thank you
Page 412 of 549
1
Louise Morinello
From:Steve
Sent:Thursday, April 21, 2022 1:48 PM
To:Alexa Cooper
Subject:[EXTERNAL]-Zoning By-Law AM-2022-002
Follow Up Flag:Follow up
Flag Status:Flagged
Good afternoon Alexa,
I would like to address my concerns over the proposed development at 3770 Montrose Road. I am a neighbor to this
property and live a few doors down at Being in the architectural industry I fully understand
that development is expected, especially with vacant properties, like that end of the mall. My concerns for this proposal
are the number of extreme amendments to the zoning bylaw that they are requesting and the development trying to
cram in so much stacked housing with no concern for matching the surrounding neighborhood.
This vast majority of the neighborhood is single family homes, with a few low rise apartment buildings and small
bungalow townhome condominium developments along Montrose. The proposal for this property in question is
completely out of character for the area. My concerns are noted below.
1 – My next door neighbor did not receive anything in the mail regarding this like I did, making us
wonder who else is not aware of this proposal?
2 – Why were no signs posted on the property noting of this development and the open house? The severance of the
property a block away on cardinal has 2 obvious signs on their property. Were there not supposed to be indications??
3 – Development has no fenced yards for children or pets. Or will everyone be responsible to fence their small postage
stamp of grass?
4 – Development has little sidewalks which is dangerous. Where do people walk? In between the buildings?
5 – Not a good choice for seniors or handicap persons being 3 story units. Should there not be some variety in housing
here?
6 – The existing property currently has around 20,600m2 of landscaping, or 37% coverage. They are now requesting
down to 18% coverage.
7 – Zoning change from SC-724 to R4 is fine except for the vast number of amendments they are seeking. If they were to
conform to zoning with only a minor change it would not be an issue.
8 – Front yard setbacks are 6m and they want to go down to 1.9m. This is quite a bit of leeway.
9 – Rear yard setbacks are 7.5m and they want to go down to 6m which is marginal and have no issues.
10 – Interior side yards are to be 5m based on building height and they are requesting 1.2 which again is extreme.
11 – Building height limited to 10m and they wish to go to 11m. This is marginal and have no issues.
12 – Under R4 the max lot coverage is 35% and they want it raised to 65.71% which I strongly oppose.
13 – Lack of mix of housing types.
14 – No green space in the subdivision for kids and animals to play. This will most likely increase traffic down Mt Carmel
to the parks. Will additional signage and speed bumps be provided?
15 – Parking is to be 520 spaces and only 452 are indicated. Where will overflow parking be allocated? Designated spots
at the mall?
16 – Minimum privacy yard depth does not conform
17 – With the majority of the road being driveways and yards facing street are all asphalt where will the snow be pushed
for both the street plows and individuals?
18 – Would suggest an access down by Block 4 in lieu of access to Montrose at Mt Carmel to keep all traffic from this
development to signalized intersection.
Page 413 of 549
2
To sum it up, I am not opposed to some sort of development on this property, I just believe that trying to fit in so many
of the same type of expensive stacked homes, without any options for seniors housing (bungalows), apartment buildings
or geared to market rentals is not a proper use of the lands.
As far as virtually attending the meeting on Monday, where are the instructions to log in to view?
Thanks in advance
Steven
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Page 414 of 549
1
Louise Morinello
From:Jack
Sent:Monday, April 25, 2022 9:15 AM
To:Alexa Cooper
Subject:[EXTERNAL]-Opposition Letter to Schedule 1 Buildings at Canadain Tire
To Whom It May Concern:
I am writing to you to voice my opposition to the Schedule 1 and the building of houses on what was Canadian
Tire property.
This area is zoned commercial and should stay that way in order to better meet the needs of people living in
this area and to provide long term jobs for the people of Niagara.
This housing project will decrease property values for the people in the surrounding sub divisions. and create
only short-term employment.
As well the infrastructure for vehicle movement will be severely taxed and safety for children will be
diminished.
There is plenty of open land in Niagara where housing can be accommodated without changing zoning By-laws
to enrich so few at he expense of so many tax payers in this area.
Thank you,
John
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Page 415 of 549
1
Louise Morinello
From:Olga
Sent:Monday, April 25, 2022 1:36 PM
To:Alexa Cooper
Subject:[EXTERNAL]-proposed subdivision on Montrose Rd. meeting this afternoon!
To the City of Niagara Falls Planning Department,
I am aware of the proposed subdivision for the vacant Canadian Tire Property on Montrose Rd and have read all of the
provided documents. I have been a resident of for almost 28 years and although I welcome
development, this is not what I had anticipated. Although I do applaud the idea of adding more affordable housing to
this area, the information raises some concerns which I hope will be addressed at the Open House meeting this
afternoon.
1. The traffic study was conducted on Dec 3, 2021-during the pandemic and one of the waves. Is this really an
accurate compilation of data and can we honestly base future traffic flow predictions off of data collected during
this time?
2. On a busy Saturday afternoon, access into the Tim Horton’s on Montrose and the plaza across the street is quite
difficult as the line up of cars waiting to turn left (East) off of Montrose onto Thorold Stone Rd is quite lengthy
at times and I feel that possibly but realistically having to wait for 4-6 stop light changes to leave the area is not
within reason. It will be difficult to turn left (north) after leaving the bakery or the credit union in the ThoroWEst
plaza to head north to my own street. This will discourage my use of this plaza and the businesses there.
3. How safe will the increased traffic be for seniors trying to get to Food Basics or the pharmacy through that
parking lot? Will there be another stoplight at the intersection of the townhomes entrance and the “roadway”
which leads to Food Basics, Swiss Chalet?
4. Visitor parking for 55 cars does not seem adequate for 231 homes -are you telling me that no more than 55
people will be visiting that subdivision at any one time? This does not seem a reasonable amount.
5. I feel that it will be inevitable that visitor parking will spill over into the plaza and the Food Basics parking lot,
making parking so much more complicated and difficult for shoppers. Who will have to monitor that? And how?
6. The sewer issue terrifies me – I have read the sewer report several times and although I am not a civil engineer,
there does not seem to be sufficient infrastructure for 231 extra homes – what guarantees will the City of
Niagara Falls give me that my sewer will not back up during a heavy rainstorm because of all of these extra
homes?
7. There seems to be an issue with the recommended amount of green space in this subdivision and what they are
actually proposing? How is rain water supposed to drain if it is all concrete roads and homes? Where will it go
except into their basements or backed up into ours?
8. These homes are not suitable for seniors with three stories and narrow frontages which will not easily
accommodate disabilities, wheelchairs, etc. Who exactly then, will be moving into these new homes? Are they
going to start at prices which are affordable for first time home-buyers, including all of the young people the City
claims they are trying to encourage to stay in this area after completing their education?
9. Why does this development not include mixed -use and a better variety of entry-level homes, bungalows with
the higher priced models?
10. The sheer number of homes -231-does not appear to fit in with the development in this area – homes in this
area have wider frontages, more green space per lot – all of these conditions upon which the City insisted for
several decades now seem to be forgotten . It is not fair to the property value of the people who moved into this
area in good faith.
I hope that these concerns will be addressed during the Open House this afternoon.
Thank you
Sincerely,
Olga
Page 416 of 549
2
Sent from Mail for Windows
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Page 417 of 549
1
Louise Morinello
From:Shalaine
Sent:Monday, April 25, 2022 8:13 AM
To:Alexa Cooper
Subject:[EXTERNAL]-3770 Montrose Road
Follow Up Flag:Follow up
Flag Status:Flagged
Good Morning,
I'm writing to you in regards to the notice of application I received in reference to the property at 3770 Montrose Road
and its application to be rezoned for residential housing.
I'm concerned with the high number of homes being proposed for the property and the impact that it will have on the
surrounding homes, businesses and traffic flow. As a local resident I am very concerned about the overcrowding that
this plan projects and I do not feel that there have been enough considerations for potential issues such as;
1. Parking - Most households nowadays have multiple vehicles, where will the overflow of parking end up?
(neighbouring streets or the shopping plaza?) How will street cleaners and snow removal be able to navigate the
excess parking on streets?
2. Where will snow removal go and are there areas allotted to push the snow into?
3. Why is there no allowance for more green space within the subdivision? With the rise in mental health issues, it
would be nice to have free spaces for people to visit. The local park may not support the amount of new
potential residences.
As a Niagara born resident, I feel that we are no longer concerned about the individuals who helped grow this city into
what it is today. We are more concerned with cramming in as many new homes into tiny areas in order to draw in more
residents from outside the Niagara region. We are slowly removing all the nice things that make this area so great. It is
very discouraging as someone who used to love the city I lived in and now I feel like I'm being forced out.
Thank you for considering my input.
Sincerely,
Shalaine
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Page 418 of 549
⎟⎟⎟
Page 419 of 549
Page 420 of 549
1
From:Heather Ruzylo
Sent:Monday, July 11, 2022 12:51 PM
To:Carmen Vetrone
Subject:FW: [EXTERNAL]-AM-2022-022 3770 Montrose
FYI:
From: Alexa Cooper <acooper@niagarafalls.ca>
Sent: Monday, July 11, 2022 12:47 PM
To: Brooke Carnevale <bcarnevale@niagarafalls.ca>; Temporary Clerical Staff 29 <temp29@niagarafalls.ca>
Cc: Heather Ruzylo <hruzylo@niagarafalls.ca>
Subject: FW: [EXTERNAL]-AM-2022-022 3770 Montrose
More comments for AM-2022-002
Thanks,
Alexa
Alexa Cooper, BURPl | Planner 2 | Planning, Building and Development | City of Niagara Falls
4310 Queen Street | Niagara Falls, ON L2E 6X5 | (905) 356-7521 ext 4246 | Fax 905-356-2354 | acooper@niagarafalls.ca
From: Steve Bernier
Sent: Monday, July 11, 2022 12:44 PM
To: Alexa Cooper <acooper@niagarafalls.ca>
Subject: [EXTERNAL]-AM-2022-022 3770 Montrose
Good morning Alexa,
As a neighbor of this proposed development Can I please have the following
questions/concerns brought forward at tomorrow’s meeting?
1 – Driveway lengths are indicated at 6m. Several vehicles are longer than this including F250, F350 and Toyota Tundra
to name a few. Even with bumper touching the building, the back bumper and more would be on the road. Since there
are not a lot of sidewalks, this poses a danger to pedestrians. Would strongly suggest the length be increased.
2 – Has the developer provided information on how snow cleaning will happen in here? There are major areas of
driveways with nowhere for the tenants to shovel the snow? Will the streets be plowed by City crew or private and be
trucked off site after every snowfall?
3 – Landscaping coverage seems to be extremely reduced from the required bylaw. Suggest more amenity area for
residents. Any trees to be planted or will it just be asphalt and grass.
4 – Will there be yards for the stacked townhouse units at the back (front) of the units? Will they be fenced as part of
the development or will that be up to tenants? Does not seem to be an area for pets/children to go outside safely.
5 – Will each owner have to keep garbage in their garage until pick-up? Will it be private pick-up or Region? For the large
expanse of driveways, where will the binds go on collection day if all driveways are full and there is no grass?
6 – Assume due to narrow street width that there will be no on-street parking? With several units only having 1 parking
space, is there adequate parking allowed?
7 – Most of these units, since they are 3 stories and have no yards, would not be aimed at seniors or families with small
children. Is there any thought to diversity the development to appeal to a broader range of buyers?
8 – Will all the units be for sale or will some be rental units which are badly needed.
Page 421 of 549
2
9 – The unit count has increased from the initial 231 units to 275 units. I believe the traffic study should be updated to
reflect the occupancy change. The study was also done during a time when Covid was rampant and several people
worked from home.
10 – They are seeking a considerable amount of amendments to the bylaw to be able to force as many units on to the
site as possible. If granted this will set a precedent going forward for future development in the city.
11 – There appears to only be 3 handicap parking spaces for the entire subdivision and not spread out. Will all curbs be
dropped curbs with tactile strips? Lack of sidewalks does not make this subdivision very barrier free friendly.
12 – This type of congested big city development does NOT fit into the surrounding well established neighborhood at all
and will greatly diminish the feel of this area. Should have more low level seniors (like on Montrose) housing and low
rise apartments.
Thanks
Steven Bernier, Partner
83 Ontario Street ⎟ St. Catharines ⎟ Ontario ⎟ L2R 5J5
o: 905-688-6087 x. 103 c: 289-213-1866 w: whitelinearchitects.com
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Page 422 of 549
CLK-2022-13
Report
Report to:
Date: July 12, 2022
Title:
Fee Waiver Application
- Gateway Residential & Community Support
- Downtown BIA - Niagara Falls Culture Days Music & Food
Expo
- Downtown BIA - Niagara Falls Christmas Market
Recommendation(s)
That Council approve the Fee Waiver Applications for:
1)Gateway Residential & Community Support - in the amount of $500.00, to cover a
combination of pool memberships, individual pool passes, gym rentals and fitness
passes.
2) Downtown BIA - Niagara Falls Culture Days Music & Food Expo - Street Party 2022,
in the amount of $527.65 for the waiving of fees associated with the road closure fees
and staffing costs for the event to be held on Sunday, August 14, 2022.
3) Downtown BIA - Niagara Falls Christmas Market, in the amount of $2,007.07 for the
waiving of fees associated with the road closure fees for the event to be held from
November 9, 2022 - December 22, 2022.
4) That Council acknowledge the out of budget expenditure (if approved, the fee waiver
budget would be over-budget by $15,524..86) and to have Staff find a positive variance
to help fund this budgetary overrun.
Executive Summary
Niagara Falls City Council adopted the Council Discretionary Spending report on
February 12, 2019. This included the Fee Waiver Policy that accompanied the report.
The City of Niagara Falls is committed to supporting volunteer, community-based
organizations in order to maintain a quality of life for its residents. This policy aims to
protect the City’s assets, interests, goals, facilities, programs and services while also
ensuring that festivals and events grow and prosper, positively impacting the quality of
life of Niagara Falls residents.
The financial scope of this policy is limited to the Council approved budgetary amount
for the corresponding year. The City of Niagara Falls will waive fees to eligible
applicants to help offset the fee(s) that would have been charged by the City related to
Page 1 of 17
Page 423 of 549
the delivery or presentation of a festival or event. Examples of City fees that can be
waived include, but are not limited to:
•Park permit fees
•Rental of City Property
•Road Closure Fees
•Staffing costs outside normal operations
Eligible groups must be not-for-profit organizations which demonstrate a degree of
community support and representation including, but not limited to:
•Registered charities
•Arts and culture organizations
•Athletic and social clubs
•Service clubs
•Neighbourhood groups and organizations,
•School associations
Background
A review of the attached completed Fee Waiver Application from Gateway Residential
& Community Support shows that the request is for an amount of $500.00. This
request would cover a combination of pool memberships, individual pool passes, gym
rentals and fitness passes.
A review of the application depicts that the organization is a not-for-profit incorporated
group, which is in keeping with the intent of the policy.
The Event Description details the following:
As a human service organization, they believe in the uniqueness and infinite value and
dignity of each individual, without regard to financial status, or to the number, nature or
severity of mental illness/mental health problems. The organization supports and
encourages the individual's right to independence, personal decision making and
involvement in all aspects of planning. Therefore, having the ability to use the City's
facility to promote wellness and independence, would benefit the clients needs -
whole/body/spirit.
Having access to the MacBain Community Centre would support the clients and would
result in a greater sense of belonging within the region --- to be a part of a community
without financial barriers.
Having some of the fees waived, would help so many of the community residents that
are supported by Gateway staff. They would feel safe and comfortable and part of the
community. Many struggle financially due to increased cost of living/rent etc...
A review of the attached completed Fee Waiver Application from the Downtown BIA -
Niagara Falls Culture Days Music & Food Expo shows that the request is for an
amount of $527.65. This request would entail the waiving of the costs for the road
closure fees.
Page 2 of 17
Page 424 of 549
The Event Description details the following:
• This event creates a space for the community to get together and interact with
the various businesses in the downtown area. Through attendees participation in
the local shops and restaurants' presentations, it allow them to su pport their
community.
• The Expo will provide a space for the community to gather in a fun environment
that supports their community and its members. It provides participants the
opportunity to partake in culture through music and food that will be present at
this event.
• This event will provide a great economic opportunity for our local businesses to
be showcased. Through presentations of what the restaurants and shops in the
downtown core have to offer, it will highlight their services and encourage
participants to purchase their merchandise.
• This event has a limited budget and is allocated towards musicians, equipment,
etc. Having to pay for these fees would take away from the event that is
intended to support and celebrate our local businesses.
A review of the attached completed Fee Waiver Application from the Downtown BIA -
Niagara Falls Christmas Market shows that the request is for an amount of $2007.07.
This request would entail the waiving of the costs for the road closure fees (labour and
materials).
The Event Description details the following:
• The Christmas Market event provides a space for the community to gather,
interact and participate in the various interactive elements we have such as
shopping, glow swings, live music, light and more.
• With this event running during an already festive season, it will provide and
strengthen the residents' sense of community and pride in their area.
• This event will create a space for the community to connect with on another while
participating in the various activities they will have.
• Culture will be promoted a the event through our many vendors and
performances.
• The event will help enhance the city's economy as it will draw both residents and
tourists to the downtown core. These individuals will be coming to spend money
at not only the vendors cabins but also at our BIA members' businesses.
• The tourists coming in will also be contributing to the city's economy through
hotel bookings and all other costs associated with staying in the area.
Financial Implications/Budget Impact
If approved, the $3,034.72 fee waiver total would be withdrawn from the $51,000.00
allocated from the 2022 operating budget.
Organization/ Event Fees Waived By Council (2022)
Page 3 of 17
Page 425 of 549
2022 Budget - Fee Waiver Requests $51,000.00
Women's Place of Niagara - 43rd Annual
Book Riot $6,243.04
Start Me Up - Out of the Cold Program $18,000.00
Gateway of Niagara - "Niagara Assertive
Street outreach" $3,600.00
Fallsview BIA - Ontario BIA Conference $2,276.95
Niagara Kids Business Fair- (Olivia & Ian
Hearth) $683.16
ATU Can Am Conference $1,000.00
Cruising the Q - Downtown Board of
Management $11,845.62
Crazy Macaws Bike Night $9,145.26
Chippawa Volunteer Slo Pitch
Tournament & SPN Arena Floor Use $7,121.40
2022 Niagara Falls Rotary Ribfest $325.00
Niagara Children's Centre - Plasma Car
Race $368.42
Hockey Canada Foundation Gala & Golf $2,644.20
Downtown Board of Management - Heart
Niagara Picnic on Q - approved (May
31st Council) for $242.67 waiving of road
closure costs (however, event cancelled)
Project Share - Tow Your Weight for
Project Share $237.09
Total Approved for 2022 $63,490.14
Requests for Consideration:
Gateway Residential & Community
Support $500.00
Downtown BIA - Niagara Falls Culture
Days Music & Food Expo - Street Party
2022
$527.65
Downtown BIA - Niagara Falls Christmas
Market $2,007.07
Total if approved in this report $66,524.86
List of Attachments
Fee Waiver Application - Gateway Residential & Community Support
Fee Waiver Application - Downtown BIA - Niagara Falls Culture Days (Signed)
Page 4 of 17
Page 426 of 549
Fee Waiver Application - Downtown BIA -Christmas Market - SIGNED
Written by:
Heather Ruzylo, Clerks & Council Services Coordinator
Submitted by: Status:
Bill Matson, City Clerk Approved
- 05 Jul
2022
Jason Burgess, CAO Approved
- 05 Jul
2022
Page 5 of 17
Page 427 of 549
W Fee Waiver Application Form
Niagara a I
(‘.‘\l\.\I)A
Applicant Information
Name of Event:
Organization Name,Gateway Residential &Community Support
Organization Address:
City:Welland Ontario postalcode:L3B 3J5
Contact Name,Michelle Warren position:Program Manager
Phone Number (days):
Ema“:michel|ew@gatewayofniagara.ca
Phone Number (evenings):
Website:
Type of Organization:
I!Not-for-profit Incorporation #:
Charitable Organization Registration #:1 1 1
III Other (please specify):
Waiving of Fees
The City of Niagara Falls willwaive fees that would have been charged by the City for eligible non—profitgroups
or organizations that provide programs,services or events that are of a general benefit to the community.Fee
Waiver Policy (700.22)is to ensure that the City's support of functions and events through the waiving of fees
is facilitated in a fair and equitable manner and does not burden the City's annual operating budget.
Examples of City fees that can be waived include,but are not limited to:
Park permit fees
-Rental of City Property
-Road Closure Fees
-Staffing costs outside normal operations
The City of Niagara Falls Rates &Fees can be found on the City's website at:
Note:Insurance fees willnot be waived.Page 1 of 4Page 6 of 17Page 428 of 549
Fee Waiver Application Form
if I .ml "'4;"''iTDi"‘v,¢.,r.«2:'-4.‘'
Applications can be submitted by email to:clerk@niagarafalls.ca
in person or by mail to:City Hall
4310 Queen Street
Niagara Falls,ON L2E 6X5
Clerks Department
Hours:8:30am -4:30pm
~;.'__.,¢'~«,§.lt_.,'‘?~..,,.V».iii _-.
.
Amount of Request:C5500 ‘O 0
Fees to be Waived (l.e.facility rental,park permit,etc.):use of the
Dates and Times:
p,,,,,,,se ,,,E,,e,,t,Promote wellness with our clients
Number of People Expected:Admission Fee (if applicable):
Are you serving alcohol?noAreyousewingfood?no
1.How willyour activityor event enhance recreationandcommunity services in the City of Niagara
Falls?
As a human service organization,we believe in the unqueness and infinite value and dignity of each individual,without
regard to financial status,or to the number,nature or severity of mental illness/mental health problems.We support and
encourage the individuals's right to independence,personal declson making and invlvmentin all aspects of planning.
Therefore having the ability to use youyrfacilityto promote wellness &independence —would benefit the clients needs ~
whole/body/spirit.
2,Please describe the projected social,cultural,economic and environmental impact that the activity or
event willhave on the City and its residents.
Having McBain faclity/Niagara Falls city and residents,supporting our clients would mean a greater
'Page 2 of 4Page 7 of 17Page 429 of 549
Niagll
(‘A i'\‘.\|).\
Fee Waiver Application Form
3.What will the impact on the event be if the fee is not waived?
Many struggle finacially due to cost of living/rent etc.
Having the fee waived,would help so many of our community residents that are supported by our
staff.They would to feel safe,and comfortable and part of the community/included and protected.
4.Are you seeking funding from any other sources?(Fundraising,grants,sponsorships)
n/a
with disabilities)?
5.What features willyou have in place to ensure that your event is accessible to all residents (residents
promoting wellness and engagment with others wold be ideal.
Clients will be introducedwithGateway staff to the facility if approved and will bve supported if
needed.McBainwillgive our clients a better sense of accomplishment to work towards —
"Please submit one copy of each of the following documents.
Mandatory Documents
A detailed budget,showing revenues and expenditures
Documents relating to City rental permit (if applicable):
o Dates,times and location of event
-AllCity fees associated with the event
Confirmation letter from charity (if applicable):
-For special events whereby a portion or all of the proceeds are being donated to charity,a
confirmation letter from that charity must accompany the application
For Internal Use Only:
the cost of fee waivers on 2:Amount ($)
,PCXSSQS,Signature:Completed by:KI (Y‘b\Ol€/“\\qU~_e’(~SQ:ec>L‘ll‘0~0»l'\Q0l.Page 3 of 4Page 8 of 17Page 430 of 549
Fee Waiver Application Form
N?agatg?
in this application for waiving of City fees is true,correct and complete in every respect.
Kathy Mo late v\lrtc‘ut~eK
Di(ecto(0?{Lac
Name and TitleSignatureofSeniorStaffPeison
Signature of Board ChairlRepresentative Name and Title Date
_Personal information,as defined in the Municipal Freedom of Information and Protection of Privacy Act
(MFIPPA),is collected under the authority of the Municipal Act,2001,as amended,and in accordance with
MFIPPA.Personal information collected on this application form willbe used to assist in granting fee waivers
and willbe made available to the members of City Council and staff and used for administrative purposes.
Information collected may be subject to disclosure in accordance with the provisions of MFIPPA.The City
reserves the right to verify all information contained in submissions.
Questions regarding the collection,use and disclosure of this personal information may be directed to the City
Clerk,BillMaison,at bmatson@nlagarafalls.ca
By completing this applicationform,you consent to the collection and disclosure of your personal information,
and to its use by the City of Niagara Falls,as described above.
Page 4 of 4
i
l
l
l
6%7/12‘
i
Page 9 of 17Page 431 of 549
W Fee Waiver ApplicationForm
Niagaraj?I
(.tN.\l).\
Applicant Information
Name of-‘Event:Niagara Falls Culture Days Music &Food Expo -Street Party 2022
Organization Name;Downtown Board of Management (BIA)
Organization Address:4605 Queen Street
City:Niagara Falls pomcode,L2E 2L7
Contact Name:Amanda Nicol-MacDonald /Grace Beaman Position:Executive Director/Events Assistant
Phone Num ber (days):Phone Number (evenings):
Emai I:amanda@downtownniagarafa||s.com /events@downtownniagarafal|s.com We bsite:d n a _m
Type of Organization:
Not—for—profit Incorporation #:
Charitable Organization Registration #2
I Other (please specify):Mu
Waiving of Fees
The City of Niagara Falls willwaive fees that would have been charged by the City for eligible non-profit groups
or organizations that provide programs,services or events that are of a general benefit to the community.Fee
Waiver Policy (700.22)is to ensure that the City’s support of functions and events through the waiving of fees
is facilitated in a fair and equitable manner and does not burden the City’s annual operating budget.
Examples of City fees that can be waived include,but are not limited to:
-Park permit fees
Rental of City Property
-Road Closure Fees
-Staffing costs outside normal operations
Note:Insurance fees will not be waived.Page 1 of 4Page 10 of 17Page 432 of 549
W Fee Waiver Application Form
Niagara]?M11(.\lIA
Form Submission Information
Applications can be submitted by email to:c|erk@niagarafa|ls.ca
in person or by mail to:City Hall
4310 Queen Street
Niagara Falls,ON L2E 6X5
Clerks Department
Hours:8:30am —4:30pm
Activity or Event Information
Amount of Request:
Fees to be Waived (i.e.facility rental,park permit,etc.):Road Closure fees’Staffing Costs (Collection of garbage)
Dates and Tirnes:14,1
Purpose of Event:
Number of People Expected:Admission Fee (If applicable):Free
Are you serving food?No Are you serving alcohol?NO
Activity or Event Description
1.How willyour activity or event enhance recreation and community services in the City of Niagara
Falls?
This event creates a space for the communityto get together and interact with the various
businesses in the downtown area.Through attendees participation in the local shops and
restaurants‘presentations,it allows them to support their community.
2.Please describe the projected social,cultural,economic and environmental impact that the activity or
event will have on the City and its residents.
community and its members.It provides participants the opportunity to partake in culture through music andfoodthatwillbepresentatthisevent.This event will provide a great economic opportunity for our localbusinessestobeshowcased.Through presentations of what the restaurants and shops in the downtowncorehowtooffer,it will highlight their services and encourage participants to purchase their merchandise.Page 2 of 4Page 11 of 17Page 433 of 549
W Fee Waiver Application Form
N iagarafalls
('.\N .\I)K‘
3.What will the impact on the event be if the fee is not waived?
This event has a limited budget and is allocated towards musicians,equipment,etc.Having to pay
for these fees would take away from the event that is intended to support and celebrate our local
businesses.
4.Are you seeking funding from any other sources?(Fundraising,grants,sponsorships)
A grant has been received for this event which will help to pay for the musicians.
-5.What features will you have in place to ensure that your event is accessible to all residents (residents
with disabilities)?
This event will be accessible for all participants who participate.This includes providing wheel-chair
accessibility parking as well as accessible washrooms in the restaurants and businesses
participating in this event.
Application Checklist
Please submit one copy of each of the following documents.
Mandatory Documents
A detailed budget,showing revenues and expenditures
Documents relating to City rental permit (if applicable):
0 Dates,times and location of event
0 All City fees associated with the event
Confirmation letter from charity (if applicable):
-For special events whereby a portion or all of the proceeds are being donated to charity,a
confirmation letter from that charity must accompany the application
Road closure costs (labour and materials)3;5276 5Completedby:Mathew Bilodeau Page 3 of 4Page 12 of 17Page 434 of 549
W Fee Waiver Application Form
Niagarafall
(r\N.\l)A
Authorization for Application
On behalf of,and with the authority of,the above-mentioned organization,we certify that the information given
in this application for waiving of City fees is true,correct and complete in every respect.
Amanda Nicol-MacDonald,Executive Director April 28,2022
Signature of Senior Staff Person Name and Title Date
Ron Charbonneau,Chariman of the Board April 28,2022
Signature of Board ChairlRepresentative Name and Title Date
Personal Information Consent
Personal information,as defined in the Municipal Freedom of Information and Protection of Privacy Act
(MFIPPA),is collected under the authority of the Municipal Act,2001,as amended,and in accordance with
MFIPPA.Personal information collected on this application form will be used to assist in granting fee waivers
and will be made available to the members of City Council and staff and used for administrative purposes.
Information collected may be subject to disclosure in accordance with the provisions of MFIPPA.The City
reserves the right to verify all information contained in submissions.
Questions regarding the collection,use and disclosure of this personal information may be directed to the City
Clerk,Bill Matson,at bmatson@niagarafa||s.ca
By completing this application form,you consent to the collection and disclosure of your personal information,
and to its use by the City of Niagara Falls,as described above.
Page 4 of 4Page 13 of 17Page 435 of 549
W Fee Waiver Application Form
Niagarafall
l'AN.\DA
Applicant Information
Name of?vent;Niagara Falls Christmas Market
Organization Name;Downtown Board of Management (BIA)
Organization Address:Queen Street
City:Niagara Falls postalc-ode:L2E 2L7
Contact Name:Amanda Nicol-MacDonald /Grace Beaman Position:Executive Director/Events Assistant
Phone Number (days):Phone Number (evenings):
Ema":amanda@downtownniagarafallscom/events@downtownniagarafa|ls.com Website:dQWntOWnniagarafa||S_COm
Type of Organization:
Not—for—profit Incorporation #:
Charitable Organization Registration #:
B Other (please specify):Mun|C|l33||tY
Waiving of Fees
The City of Niagara Falls willwaive fees that would have been charged by the City for eligible non-profit groups
or organizations that provide programs,services or events that are of a general benefit to the community.Fee
Waiver Policy (700.22)is to ensure that the City’s support of functions and events through the waiving of fees
is facilitated in a fair and equitable manner and does not burden the City’s annual operating budget.
Examples of City fees that can be waived include,but are not limited to:
-Park permit fees
-Rental of City Property
-Road Closure Fees
-Staffing costs outside normal operations
Note:Insurance fees will not be waived.Page 1 of4Page 14 of 17Page 436 of 549
W Fee Waiver Application Form
Niagarafall
(.»\N,\I).\
Form Submission Information
Applications can be submitted by email to:clerk@niagarafa|ls.ca
In person or by mail to:City Hall
4310 Queen Street
Niagara Falls,ON L2E 6X5
Clerks Department
Hours:8:30am —4:30pm
Activity or Event Information
Amount of Request:
Fees to be Walved (Le.faculty rental’park permit,etc‘):Road closure fees taf?ng costs outside ofnormal hours (collection ofgarbage)street sweeping
Dates and Times,November 9th —December 22,2022
Purpose of?vent;Christmas Market
Number of People Expected:1 Admission Fee (If applicable):Free
Are you serving food?NO Are you serving alcohol?NO
Activity or Event Description
I 1.How will your activity or event enhance recreation and community services in the City of Niagara
Falls?
The Christmas Market event provides a space for the community to gather,interact and participate in the
various interactive elements we have such as shopping,glow swings,seesaw,live music,lights,and
more.V\?th this event running during an already festive season,it will provide and strengthen the
residents‘sense of community and pride in their area.
2.Please describe the projected social,cultural,economic and environmental impact that the activity or
event will have on the City and its residents.
various activities we will have.Culture will be promoted at the event through our many vendors andperformances.The event will help enhance the city's economy as it will draw both residents and tourists tothedowntowncore.These individuals will be coming to spend money at not only the vendors cabins butalsoatourBIAmembers‘businesses.The tourists coming in will also be contributing to the city's economythroughhotelbookingsandallothercostsassociatedwithstayinginthearea.Page 2 of 4Page 15 of 17Page 437 of 549
W Fee Waiver Application Form
N iagarafalls
(.\«\'.\I).\
3.What will the impact on the event be if the fee is not waived?
The Christmas Market is quite an expensive event for us to run so the BlA's budget is allocated
towards things like decoration displays,lights,cabins,etc.If we had to pay for these fees,it would
take away from the experience that we are trying to give to the community and participants.
4.Are you seeking funding from any other sources?(Fundraising,grants,sponsorships)
We will have funds from the BIA levy as well as sponsorships.We have also received a grant which
has helped us to purchase the gates for downtown road closures.
5.What features willyou have in place to ensure that your event is accessible to all residents (residents
with disabilities)?-
Our event will be accessible for all who participate.This includes wheelchair-accessibility parking as
well as accessible washrooms in our restaurants and businesses.
Application Checklist
Please submit one copy of each of the following documents.
Mandatory Documents
A detailed budget,showing revenues and expenditures
Documents relating to City rental permit (if applicable):
0 Dates,times and location of event '
o All City fees associated with the event
Confirmation letter from charity (if applicable):
o For special events whereby a portion or all of the proceeds are being donated to charity,a
confirmation letter from that charity must accompany the application
Road closure costs (labour and materials)$2007 07Completedby:Mathew Bilodeau Signature%/Page 3 of 4Page 16 of 17Page 438 of 549
W Fee Waiver Application Form
Niagarafalls
(‘AN \l).R
Authorization for Application
On behalf of,and with the authority of,the above-mentioned organization,we certify that the information given
in this application for waiving of City fees is true,correct and complete in every respect.
2
CDONALD Amanda Nicol-MacDonald,Executive Director April 25,2022
Signature of Senior Staff Person Name and Title Date
Ron Charbonneau,Chairman on the Board April 25,2022
Signature of Board ChairlRepresentative Name and Title Date
Personal Information Consent
Personal information,as defined in the Municipal Freedom of Information and Protection of Privacy Act
(MFIPPA),is collected under the authority of the Municipal Act,2001,as amended,and in accordance with
MFIPPA.Personal information collected on this application form will be used to assist in granting fee waivers
and will be made available to the members of City Council and staff and used for administrative purposes.
Information collected may be subject to disclosure in accordance with the provisions of MFIPPA.The City
reserves the right to verify all information contained in submissions.
Questions regarding the collection,use and disclosure of this personal information may be directed to the City
Clerk,Bill Matson,at bmatson@niagarafa|ls.ca
By completing this application form,you consent to the collection and disclosure of your personal information,
and to its use by the City of Niagara Falls,as described above.
Page 4 of4Page 17 of 17Page 439 of 549
F-2022-36
Report
Report to: Mayor and Council
Date: July 12, 2022
Title: 2021 Parking Fund Budget to Actual Variance (unaudited)
Recommendation(s)
The 2021 Parking Fund Budget to Actual Variance report for the year ended December
31, 2021 be RECEIVED.
Executive Summary
This report is intended to provide Council with information and details pertaining to the
2021 budget to actual variance results for the year ended December 31, 2021 for the
Parking Fund.
Within attachment 1, if there is a note number notation to the right of the variance column,
there is a corresponding explanation to that note number located in the analysis section
of this report. Please refer to this report in conjunction with the attachments.
Background
Council has expressed a desire to view actuals in conjunction with the budget.
One goal of the finance department is to provide Council with regular, quarterly
budget variances reports. 2020 and 2021 are currently under audit with audited
financial statements anticipated by the end of this calendar year. Staff have
prepared the unaudited 2021 budget to actual results of the Parking Fund.
Analysis
Attachment 1 contains the Parking Fund 2021 budget to actual variance. The following
notes correspond to the statement contained in Attachment 1.
Revenues
1. User fees are typically the largest source of parking revenue, followed by fines,
then permits and in a normal year can exceed budget. However, because of
Provincial lockdowns and restrictive measures implemented during the COVID-
19 pandemic, the demand for parking throughout the City significantly decreased.
User fees and fines experienced significant unfavourable budget variances.
Collectively, there was an unfavourable budget variance of $627,096 which
equate to lost revenue that was anticipated in the parking fund.
Page 1 of 5
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2. Ontario Conditional Grants - Unbudgeted Provincial Safe Restart funds from
the Ministry of Municipal Affairs and Housing, totaling $431,187 were used to
cover some of the revenue losses due to COVID-19 pandemic pressures to
offset the deficit position the parking fund was in at the end of 2021.
3. Transfers from Reserve Funds of $31,965 were made according to budget. In
addition $203,622 funding was transferred from Special Purpose Reserves to
help offset some of the lost revenues mentioned above. The $2 03,622 was
available from the 2020 safe restart funding that had been brought in in the prior
year to offset lost 2020 revenues. Due to expense mitigation a portion of the lost
revenue funding was able to be reserved to use in 2021.
Expenses
4. Materials have a favourable variance of $24,274. This variance is largely due to
a reduction in activities due to pandemic disruptions and mitigation measures.
Maintenance such as parking stall line painting was not undertaken, parking
ticket paper did not need to be purchased creating savings in office supplies
and reduced use of equipment decreased repair and maintenance costs.
Furthermore, activities such as professional development and conferences
were cancelled or delivered in virtual formats to staff. Finally, a budget of $20,000
exists for insurance claims and there were no insurance claim expenses in the
2021 year.
5. Contracted Services have an overall unfavourable variance of $19,739 which
can be explained as follows:
o Contracted services were over budget by $68,938. Commissionaires were
over budget by $64,000 due to high turnover in officers between late 2020
and beginning of 2022 which resulted in additional training hours required.
o Snow plowing was under budget by $49,199. Due to decreased volume,
staff closed partial parking lots not requiring plowing. For those lots that
remained open, the 2021 winter season experienced few snow events.
6. Rents and Financial Expenses have a favourable variance of $30,161 which
can be explained as follows:
o There is an agreement with the MTO on Lot #18 whereby the City must
pay 50% of the net revenues to the MTO. The City budgeted for $25,000
to be paid to the MTO however actual revenues came in significantly lower
than budget thus the payment of 50% of net revenues to MTO was also
lower than budget totaling $13,660. This resulted in a favourable budget
variance of $11,340 in this area.
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o The significant decrease in user fees noted above also meant a decrease
in debit/credit card processing fees for the parking fund. This accounted
for $18,820 of the total variance.
7. Internal Rent has an unfavourable variance of $25,924 largely due to a big
repair required on the 2015 Chevrolet Silverado pick up and the 2012 Dodge
Ram van.
The goal of the parking fund is to be self sustaining. In 2021 this goal was not achieved.
Provincial measures taken to stop the spread of COVID-19 significantly impacted the local
economy and significantly reduced parking demand. Prior to the application of Provincial
Safe Restart funding and Special Purpose Reserve Funding to the parking fund, the
parking fund experienced a deficit of $634,809. $431,187 of Provincia l Safe Restart
funding was applied to the parking fund to cover lost revenue and $203,622 was brought
in from Special Purpose Reserves.
Financial Implications/Budget Impact
Financial implications have been communicated above in the analysis section.
Strategic/Departmental Alignment
This report is consistent with the following Council strategic commitments:
1. To be financially responsible to the residents of Niagara Falls by practicing
prudent fiscal management of existing resources, and by making sound
long-term choices that allow core City programs and services to be
sustainable now and into the future.
2. To be efficient and effective in our delivery of municipal services and use
of resources, and accountable to our citizens and stakeholders.
List of Attachments
F-2022-36 Attachment
Written by:
Tiffany Clark, Director of Finance
Jon Leavens, Acting Director of Finance
Submitted by: Status:
Jon Leavens, Acting Director of Finance Approved
- 05 Jul
2022
Jason Burgess, CAO Approved
- 05 Jul
2022
Page 3 of 5
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2021 Budget to Actual Comparison
Budget Actuals
(Over)/
Under
Budget
Variance
(Over)/
Under
2021 2021 $%
REVENUES
Provincial Grants 0 431,187 (431,187)#DIV/0!
Grants 0 431,187 (431,187)#DIV/0![2]
Fines 500,000 241,443 258,557 48.3%
Permits 126,200 124,481 1,719 98.6%
User Fees 694,500 327,680 366,820 47.2%
Miscellaneous Revenue 1,320,700 693,604 627,096 52.5%[1]
From Reserve Funds 31,965 31,965 0 100.0%
From Special Purpose Reserves 0 203,622 (203,622)#DIV/0!
Internal Transfers 31,965 235,587 (203,622)737.0%[3]
TOTAL REVENUE 1,352,665 1,360,378 (7,713)100.6%
PARKING FUND
Page 4 of 5
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2021 Budget to Actual Comparison
Budget Actuals
(Over)/
Under
Budget
Variance
(Over)/
Under
2021 2021 $%
PARKING FUND
EXPENSES
Labour 405,704 423,563 (17,859)104.4%
Employee Benefits Allocation 124,542 120,705 3,837 96.9%
Overtime 1,500 4,962 (3,462)330.8%
Labour and Benefits 531,746 549,230 (17,484)103.3%
Materials 69,500 53,704 15,796 77.3%
Professional Development 1,200 119 1,081 9.9%
Insurance Premiums 140 141 (1)100.7%
Conferences/Conventions 3,000 0 3,000 0.0%
Membership/Subscriptions 1,400 520 880 37.1%
Office Supplies 6,400 1,259 5,141 19.7%
Electricity 1,800 2,423 (623)134.6%
Materials 83,440 58,166 25,274 69.7%[4]
Contracted Services 369,000 437,938 (68,938)118.7%
Snow Plowing 103,500 54,301 49,199 52.5%
Contracted Services 472,500 492,239 (19,739)104.2%[5]
Rents and Financial Expenses 93,000 62,839 30,161 67.6%[6]
Internal Rent 77,573 103,497 (25,924)133.4%[7]
Indirect Costs 94,406 94,406 0 100.0%
Internal Transfers 171,979 197,903 (25,924)115.1%
TOTAL EXPENSES 1,352,665 1,360,378 (7,713)100.6%
(Surplus)/Deficit 0 0 (0)
Page 5 of 5
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F-2022-37
Report
Report to: Mayor and Council
Date: July 12, 2022
Title: 2022 First Quarter Parking Fund Variance (unaudited)
Recommendation(s)
That the year to date report for the first quarter of the year to March 31, 2022 for the
Parking Fund be RECEIVED.
Executive Summary
This report is intended to provide Council with information and details pertaining to the
2022 budget to actual variance results for the first quarter of the year to March 31, 2022
for the Parking Fund.
Within attachment 1, if there is a note number notation to the right of the variance column,
there is a corresponding explanation to that note number located in the analys is section
of this report. Please refer to this report in conjunction with the attachments.
Background
Council has expressed a desire to view actuals in conjunction with the budget.
One goal of the Finance department is to provide Council with regular, quarterly
budget variance reports. 2020 and 2021 are currently under audit with audited
financial statements anticipated by the end of this calendar year. Staff has
prepared the unaudited Q1 2022 budget to actual results of the Parking Fund.
To prepare this report, Finance, in conjunction with Parking staff, has reviewed the first
quarter figures and provided comments on financial circumstances that would contribute
to any significant shortcomings or overages. The budget has been prorated to 25% for
Q1 though it's important to note that not all expenses are evenly expended throughout
the year at the City. These operational situations (example, snow plowing) have been
identified in the analysis section.
Analysis
Attachment 1 contains the 2022 First Quarter (Q1) Parking Fund budget to actual
variance. The following notes correspond to the statement contained in Attachment 1.
Page 1 of 5
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Revenues
1. Overall Revenues have an unfavourable variance of $46,000 with about 22% of
the budget received as at March 31, 2022. As there is a seasonality to be
expected with parking, 22% of the budget received in Q1 is reasonable.
2. Fines are in line with the prorated Q1 budget and have appeared to rebound
from the pandemic.
Permits are currently trending over budget with a favourable Q1 variance of
$22,800. This is as a result of some annual passes having been billed at the
beginning of the year. We expect to see the variance in permits move more in line
with budget as Q2 and Q3 progress.
User Fees are still trending below budget with an unfavourable variance of
$67,000 due to decreased demand for parking as a result of the COVID-19
pandemic. In addition there is a seasonality to user fees with more user fees
expected throughout the warmer tourist months in Q2 and Q3. We expect to see
user fees rebound over the summer months, though it’s still too early to predict
whether we will hit our annual budget target of $483,200.
Expenses
3. Overall Expenses have a favourable variance of $23,000 with about 23% of the
budget spent as at March 31, 2022. As there is a seasonality to be expected with
parking, 23% of the budget spent in Q1 is reasonable.
4. Labour, Benefits and Overtime are trending under budget with a favourable
variance of $15,000. The budget has been prorated to 25% while actuals include
7/26 pay periods (27%). The favourable variance is due to the inclusion of
$45,500 ($11,375 – 25%) for summer students which are to be hired for Q2/Q3.
5. Materials have a favourable variance of $17,440. This variance can be attributed
to seasonal maintenance that would not occur during Q1 such as line painting as
well as a reduction in activities due to pandemic disruptions and mitigation
measures. Maintenance such as parking stall line painting may not be required
even into Q2 and Q3 as there has been reduced demand on the parking lots.
6. Contracted Services have an unfavourable variance of $20,000 due to snow
plowing. The budget was only prorated to 25% for simplicity but arguably the
majority of snow plowing costs are incurred in Q1 and Q4 with little to no snow
plowing expenses occurring in Q2/Q3. We expect the snow plowing budget to be
adequate overall.
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7. Rents and Financial Expenses have a favourable variance of $12,474 which
can be explained as follows:
a. There is an agreement with the MTO on Lot #18 whereby the City must
pay 50% of the net revenues to the MTO. The City budgeted for $15,000
to be paid to the MTO. This is an annual payment that will not be made
until after the 2022 year comes to a close and net revenues can be
calculated thus we will not see this amount expended until Q4.
b. The decrease in user fees noted above also means a decrease in
debit/credit card processing fees for the parking fund. We expect these
expenses to increase in Q2/Q3 with the seasonal nature of parking user
fees.
The goal of the parking fund is to be self sustaining. In 2020 -2021 this goal was not
achieved. Provincial measures taken stop the spread of COVID-19 significantly impacted
the local economy and significantly reduced parking demand. In addition the removal of
parking on Clifton Hill to widen sidewalks has negatively affected parking revenues.
Fortunately the Province provided the City with Safe Restart Funding to offset COVID
losses that were able to be utilized in 2020 and 2021. The 2022 Parking Fund budget
contains a budget of $421,017 of funds from the Tax Rate Stabilization reserve in order
to balance due to the reduction in budgeted revenues.
Financial Implications/Budget Impact
Financial implications have been communicated above in the analysis section.
Strategic/Departmental Alignment
This report is consistent with the following Council strategic commi tments:
1. To be financially responsible to the residents of Niagara Falls by practicing
prudent fiscal management of existing resources, and by making sound
long-term choices that allow core City programs and services to be
sustainable now and into the future.
2. To be efficient and effective in our delivery of municipal services and use
of resources, and accountable to our citizens and stakeholders.
List of Attachments
F-2022-37 Attachment
Written by:
Tiffany Clark, Director of Finance
Jon Leavens, Acting Director of Finance
Submitted by: Status:
Page 3 of 5
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Jon Leavens, Acting Director of Finance Approved
- 05 Jul
2022
Jason Burgess, CAO Approved
- 05 Jul
2022
Page 4 of 5
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2022 First Quarter Budget to Actual Variance
Annual
Budget
Budget to
March 31
(25%)
Actuals as
at March
31,
(Over)/
Under
Budget
Variance
(Over)/
Under
Budget
Used
2022 2022 2022 $%%
REVENUES
Fines 438,250 109,563 107,475 2,088 1.9%24.5%
Permits 119,160 29,790 52,638 (22,848)(76.7%)44.2%
User Fees 483,200 120,800 53,942 66,858 55.3%11.2%
Miscellaneous Revenue 1,040,610 260,153 214,055 46,098 17.7%20.6%[2]
From Special Purpose Reserves 421,017 105,254 105,254 0 0.0%25.0%
Internal Transfers 421,017 105,254 105,254 0 0.0%25.0%
TOTAL REVENUE 1,461,627 365,407 319,309 46,098 12.6%21.8%[1]
EXPENSES
Labour 461,328 115,332 103,330 12,002 10.4%22.4%
Employee Benefits Allocation 133,262 33,316 30,372 2,944 8.8%22.8%
Overtime 1,500 375 0 375 100.0%0.0%
Labour and Benefits 596,090 149,023 133,702 15,320 10.3%22.4%[4]
Materials 80,800 20,200 5,449 14,751 73.0%6.7%
Professional
Development/Workshops 800 200 0 200 100.0%0.0%
Insurance Premiums 165 41 72 (31)(74.1%)43.5%
Conferences/Conventions 3,000 750 0 750 100.0%0.0%
Membership/Subscriptions 1,400 350 0 350 100.0%0.0%
Office Supplies 6,400 1,600 189 1,411 88.2%2.9%
Electricity 2,200 550 541 9 1.6%24.6%
Materials 94,765 23,691 6,251 17,440 73.6%6.6%[5]
Contracted Services 393,000 98,250 91,200 7,050 7.2%23.2%
Snow Plowing 104,000 26,000 53,050 (27,050)(104.0%)51.0%
Contracted Services 497,000 124,250 144,250 (20,000)(16.1%)29.0%[6]
Rents and Financial Expenses 83,000 20,750 8,276 12,474 60.1%10.0%[7]
Internal Rent 84,392 21,098 23,130 (2,032)(9.6%)27.4%
Indirect Costs 106,380 26,595 26,595 0 0.0%25.0%
Internal Transfers 190,772 47,693 49,725 (2,032)(4.3%)26.1%
TOTAL EXPENSES 1,461,627 365,407 342,204 23,203 6.3%23.4%[3]
(Surplus)/Deficit 0 0 22,895 (22,895)
PARKING FUND
Page 5 of 5
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FIR-2022-01
Report
Report to: Mayor and Council
Date: July 12, 2022
Title: Naloxone use by Niagara Falls Fire Department
Recommendation(s)
That Council authorize the Fire Chief to enroll the Niagara Falls Fire Department
(NFFD) into the Ontario Provincial Naloxone Program and train fire department
personnel in the use of Naloxone nasal spray for the responses to opioid overdoses.
Executive Summary
The Fire Chief is requesting authorization from City Council to enroll in the Ontario
Provincial Naloxone Program. A memorandum of understanding with the Regional
Municipality of Niagara also needs to be executed to bind the municipality. This will
allow the NFFD to train in the awareness of opioid risks, protection, patient care, as well
as be permitted to carry and administer Naloxone nasal spray as a life -saving medical
intervention.
Background
NFFD currently responds to medical emergencies as per the Establishing and
Regulating By-Law and in accordance with the Tiered Response Agreement with
Niagara Emergency Medical Services.
NFFD has seen a steady increase in medical call responses with trending analysis
showing a rapid increase related in overdoses. Since 2019, not only have medical calls
increased but Alcohol/Drug related calls have drastically increased.
Year Medical Calls Overdose Related Percentage
2019 2332 283 12%
2020 2986 154 5%
2021 1539 388 25%
2022 (May 31st) 688 110 16%
Naloxone (also known by brand names Narcan or Evzio) is an approved medication that
has been proven to reverse opioid overdoses in minutes. It comes in the forms of a
nasal spray and an injection. The nasal spray is one spray per dose and is already
primed and ready to use.
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Naloxone is an opioid antagonist which means naloxone binds to the same receptors as
the opioid, displacing the opioid in the process and temporarily undoing its harmful
effects. After naloxone has been administered to someone experiencing an overdose,
they can begin breathing again within a matter of minutes.
Given the increased risks to citizens and responders due to overdose calls, it is
recommended that the NFFD personnel be trained to carry and administer Naloxone.
Analysis
Timing is everything. Naloxone must be introduced to the body relatively quickly as
death from an overdose may occur within one to three hours of opioid use. The sooner
naloxone is used, the more successful it will be in reviving the person who is
overdosing.
Naloxone is only meant to be a first line of defense during an overdose because its
antidote effect will wear off in 20–90 minutes. Naloxone can temporarily reverse the
effects of an opioid overdose and allow time for the individual until they can be treated
more thoroughly by a medical professional.
When the overdose involves strong synthetic opioids, like fentanyl, more than one dose
of naloxone may be needed in order to revive the person who is overdosing. In the
event of an overdose, the individual must be carefully monitored and emergency
services must be called for further help.
NFFD has seen a steady increase in drug-related medical responses especially over
the last couple years, which has triggered a re-evaluation of our services. Currently, five
fire departments in Niagara offer Naloxone as part of their medical services and now the
Province of Ontario supplies first responders with Naloxone kits at no cost to the
participating emergency services.
Our local Medical Director, Dr. Doug Munkley, has authorized the use of Naloxone by
way of policy to the Firefighter Medical Assistance Program, authorized by the Tiered
Response Agreement.
Given our re-evaluation and the increased risk to not only the general public, but also
our first responders, staff recommend that Naloxone be added to NFFD’s complement
for medical response.
Operational Implications and Risk Analysis
Staff do not anticipate any adverse operational implications resulting from training and
administering Naloxone.
This overdose prevention tool can assure that our firefighters are able to safely
intervene in the case of an opioid overdose situation. Most importantly, the he alth and
safety of our residents and staff continues to be our top priority.
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Financial Implications/Budget Impact
There will be no implications.
Strategic/Departmental Alignment
This recommendation is providing for the continued safety of the community a nd city
staff through consistent, quality service while limiting the City’s exposure to risk.
Written by:
Jo Zambito, Fire Chief
Submitted by: Status:
Jo Zambito, Fire Chief Approved
- 05 Jul
2022
Jason Burgess, CAO Approved
- 05 Jul
2022
Page 3 of 3
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MW-2022-42
Report
Report to: Mayor and Council
Date: July 12, 2022
Title:
Request for Delegated Authority for By-Law #89-2000 (A by-
law regulating parking and traffic on City Road)
Recommendation(s)
1. That the Director of Municipal Works be delegated the authority to approve the
implementation, modification, and/or removal of the parking and traffic
regulations contained within By-Law 89-2000;
2. That Staff be directed to prepare the necessary amendments to By-Law 89-2000
for Councils final approval prior to implementation; and,
3. That Staff be directed to prepare an annual report documenting all of the
amendments to By-Law 89-2000 from the previous year.
Executive Summary
In an effort to streamline the review and recommendation process, as well as to reduce
the number of staff reports sent through Council, staff is seeking the delegation of
authority to the Director of Municipal Works to approve the implementation, modification,
and/or removal of the parking and traffic regulations contained within By-Law 89-2000.
The resulting by-law amendments will still be referred to Council at its regular meetings
for formal approvals prior to implementation.
Staff will exhibit discretion for matters where the recommendation of staff may be
contentious or where the community is strongly opposed, these will be brought to Council
for deliberation and final approvals. Staff will also seek Council input and approval for
matters that are beyond typical operational issues, such as: the installation of dedicated
cycling lanes, community safety zones, traffic calming, pedestrian crossings, and parking
fine increases.
Background
Throughout the year, Municipal Works – Transportation Services staff receive hundreds
of internal and external requests, with the majority being generated by local residents, to
implement changes to intersection traffic control (i.e. stop signs, all-way stop signs) and
various parking-related prohibitions and parking regulations. For example, in 2021 a total
of one hundred and fifty-five (155) studies were completed, generating forty-seven (47)
reports submitted to City Council for approval.
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In an effort to streamline the review and recommendation process, as well as to reduce
the number of staff reports sent through Council, staff is seeking the delegation of
authority to the Director of Municipal Works to approve the implementation, modification,
and/or removal of the parking and traffic regulations contained within By -Law 89-2000.
Analysis
Two of the most frequent requests received by staff are to install stop signs (either to
convert from right-of-way control to a two-way stop or from a two-way stop to an all-way
stop) and various forms of parking prohibitions. These requests tend to generate
numerous reports to Council to items that are typically simple operational changes that
can be made easily in the day-to-day operations of the road network.
For stop signs, staff follow traffic engineering principles and industry standard practice
when reviewing a location for the conversion to two-way stop control from right-of-way
control or the Council approved all-way stop warrant for all-way stop requests.
For parking prohibitions, staff follow a consistent process of consultation with the
requestor, and residents of the affected area as well as following industry standard
practice for road operations and safety when reviewing those requests. This means t hat
these requests are always reviewed and reported to Council in a consistent manner.
If delegated the authority for these various items, staff will:
• Consult with the requestors and affected residents following the same process as
currently used;
• Ensure that the requestor and any Councillors involved are made aware of the
required by-law being added to the Council agenda;
• Prepare an annual report to Council, documenting all of the changes from the
previous year; and,
• For matters where the recommendation of staff may be contentious or where the
community is strongly opposed, these will be brought to Council for deliberation
and final approvals. Staff will also seek Council input and approval for matters
that are beyond typical operational issues, such as: the installation of dedicated
cycling lanes, community safety zones, traffic calming, pedestrian crossings, and
parking fine increases.
The delegation of authority of these items will drastically reduce the number of reports
coming forward to Council from Municipal Works – Transportation Services regarding
issues of operational significance.
Operational Implications and Risk Analysis
None
Financial Implications/Budget Impact
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Operational and material costs for the installation, modification and removal of traffic
control and parking related signage is included within Municipal Works - Transportation
Services annual operating budgets.
Strategic/Departmental Alignment
Encourage multi-modal travel and active transportation initiatives, and enhance motorist,
cyclist and pedestrian safety.
Written by:
Mathew Bilodeau, Manager of Transportation Engineering
Submitted by: Status:
Erik Nickel, Director of Municipal Works Approved
- 06 Jul
2022
Jason Burgess, CAO Approved
- 06 Jul
2022
Page 3 of 3
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PBD-2022-54
Report
Report to: Mayor and Council
Date: July 12, 2022
Title: Response to Downtown BIA Board of Management
Recommendation(s)
That Council of the City of Niagara Falls receive report PBD-2022-54 as information.
Executive Summary
At the May 10, 2022 meeting of Council, the Board of Management for the Downtown
Niagara Falls BIA provided a letter dated April 29, 2022 (Appendix 1) t o members of
Council which was referred to staff. The various departments heads were circulated and
provided a response to each of the itemized questions posed to Council.
Analysis
Vacancy Tax
The goal of a vacant hometax is to change the behaviors of homeowners who leave their
homes unoccupied – compelling them to sell or rent their homes to increase the housing
supply or pay a tax to keep them vacant.
Canada is facing a national-wide housing shortage, there is high demand for housing
services (demand is greater than supply). The residential vacancy tax levied by the City
of Vancouver charges homeowners who chose to leave their homes vacant 1% of the
assessed value each year. This tax creates an incentive to residential property owners to
utilize their properties for rent.
The residential vacant home tax is something that could be contemplated by the City of
Niagara Falls to address the housing crisis but requires further analysis as some
municipalities that have considered the tax have determined the cost to implement the
program far outweighs the benefits.
In an effort to drive re-development of derelict properties and protect public safety, the
City of St. Catharines has put into place a vacant building registry by -law that aims to
address issues associated with such properties and encourage property owners to not
leave buildings empty for extended periods of time. The City’s new by-law requires
owners to register their vacant buildings. Registration triggers the ongoing monitoring of
such properties by by-law enforcement staff to ensure vacant buildings are safely closed
off and all applicable property standards and Building Code requirements are met.
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Owners with vacant properties are required to pay a $350 one -time administrative fee
and $800 annual registration fee to cover the staff resources of enhanced monitoring.
Historically vacant commercial property owners in the City of Niagara Falls were able to
apply under the Vacancy Rebate Program, to receive a rebate if their property was vacant.
Prior to 2017 municipalities were legislated to have a Vacancy Rebate program. In 2017,
the Province made a change to this legislation to allow municipalities to amend the
Vacancy Rebate Program. Some municipalities have abolished the rebate program
completely, and others are phasing out. The. City of Niagara Falls phased out this
program in 2020.
The following legislation has more information regarding this legislation.
• O. Reg. 325/01: TAX MATTERS - VACANT UNIT REBATE
https://www.ontario.ca/laws/regulation/010325#BK48
And also in Section 364 of the Municipal Act
• Municipal Act, 2001, S.O. 2001, c. 25
https://www.ontario.ca/laws/statute/01m25#BK450
The Downtown BIA in their letter, have requested that commercial properties which are
vacant due to choice, or by lack of entrepreneurial demand/business opportunity be taxed
if they remain vacant similar to the City of St. Catharines model. If these commercial
properties are vacant by choice, a tax may act as an incentive, if not, the tax may be
punitive. More research would be required to determine the root cause(s) of commercial
vacancy in the Downtown BIA prior to bring forth a recommendation to Council.
Vacant land and vacant buildings impacts all land use types and forms, and creates
enforcement issues, housing supply issues, employment attraction issues, as such staff
will be coming forward with a comprehensive report to Coun cil on the pro’s and con’s of
the vacancy tax for residential, commercial and industrial properties. As part of this report
staff will work with the City’s Business Development department to determine the root
cause of the vacancies in the commercial and industrial areas prior to making any
recommendations to Council.
Commercial Storefronts leased or utilized as storage
The letter provided by the BIA advises of numerous properties downtown that utilize their
properties for storage. The City’s Comprehensive Zoning By-law does not permit the
storage of goods that are not associated with a retail store or other permitted use. A
warehouse (bulk storage of goods) is not permitted in the Commercial Business Zone.
The City’s Enforcement Team has been working closely and will continue to work closely
with our business owner(s) and Chair of the BIA, Mr. Charbonneau to address any zoning
related concerns on the use of commercial properties for storage.
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Commercial Storefront Windows
The City’s Municipal Enforcement team has completed an exhaustive blitz of the area
with the assistance of the Chair of the BIA. A total of 20 Orders/Notices were issued to
25 affected properties in the Queen Street and Erie area. Municipal Enforcement has
taken a continuous vigorous enforcement approach in the area with the assistance of the
NRPS, Social Service and BIA partners.
All boarded properties have been painted in the likeness of the building envelope to
eliminate the perception of an unsafe streets area to prevent any ne gative connotations
to the area. Graffiti on several buildings was removed through the Order process and
affectively working alongside our stakeholders and owner(s).
Victoria Avenue Streetscape Prioritization
Municipal Works recognizes that the reconstruction of Victoria Avenue represents a good
opportunity to improve the streetscape and the user experience of this corridor.
The timing of the roadway reconstruction and streetscape improvements is however
recommended to be coordinated with the separation of approximately 920 metres of
combined sewers located under Victoria Avenue between Falls Avenue/Highway 420 and
Valley Way. Separating these sewers is an extensive undertaking that cannot be
accomplished until the completion of the new, separated, receiving sewers and sewer
outlets downstream. Municipal Works is in the process of advancing combined sewer
separation projects on either side of Victoria Avenue.
Currently the pavement is considered in “Fair” to Good” condition, as it exhibits a
pavement condition score in the high 60’s to the low 70’s with 100 being the highest score.
Generally, the surface asphalt layer is in the order of 20 years old and will typically achieve
a service life of 25 years or more. Municipal works will continue to maintain the roadway
in a state of good repair through regular maintenance activities such as patching, pothole
filling, and crack sealing until time for reconstruction.
This section of road has been identified in the Sustainable Transportation Master Plan
(2011) as a location requiring on-street active transportation cycling facilities. Staff
believe that this roadway will be a good opportunity to redesign using a “Complete
Streets” approach.
Municipal Works welcomes the involvement of the Downtown BIA on future plans for
improvements here and are happy to coordinate this when the times comes. Based on
our current projections, this is anticipated to be scheduled in the 10 -year horizon (2030
approx.).
Canada Day and Santa Clause Parade
The Recreation and Culture Department annually organizes and hosts City-wide events
and programs throughout the City to engage the community.
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Canada Day
The goal of the City of Niagara Falls Canada Day event is to facil itate a community wide
event that promotes maximum community involvement, instills civic and national pride on
Canada Day for the citizens and visitors of Niagara Falls. The City’s Canada Day
Celebration is an opportunity to celebrate life in Niagara Falls and provide an inclusive,
fun and free event for the residents and visitors.
The first organized Canada Day city celebrations took place at Optimist Park (1982).
When the park sold the celebrations moved to downtown Queen Street. To deliver a
unique event, staff recommends the event be located at various locations throughout the
City.
For example, the event could be located at Fireman’s Park or at the new Niagara Falls
Exchange. The suggestions are to move the event every three to five years to highlight a
new neighborhood and to deliver and outstanding event.
Santa Clause Parade
The Niagara Falls Santa Claus Parade has been the staple in the city of Niagara Falls for
over eight decades. The first parade in 1949, organized by the Greater Niagara Chamber
of Commerce. In later years, the Downtown Board of Management partnered with the
City of Niagara Falls Civic Committee to deliver the event. This event later transferred
entirely to City’s Civic Committee at the turn of the most recent decade, which eventually
led to the existing format of Recreation and Culture Staff coordinating the event
exclusively since 2004.
City Council approved the R&C-2021-10 report recommendation, to contract the Niagara
Falls Downtown BIA to deliver the annual Santa Clause parade through a Fee for Service
agreement. The Agreement terms are to provide the BIA with a sum of $21,000 annually
for 3 years with an option to continue the agreement for an additional 2 years. Staff will
review the fee for service agreement in 2025.
Restrictions of Paydays Loans and Rent-to-own Businesses within the BIA
Catchment
Payday Loan lenders are licenced and regulated by the Province under the Payday
Loans Act, 2008 and do not require a municipal business licence from the City.
Any prohibition of a land uses in the City would need to be reviewed carefully to assess
the pro’s and the con’s of such prohibition and to look at which areas of the City if
appropriate, the prohibition would be best suited. The study work that would nee d to be
conducted would be similar to the Planning assessment work that was undertaken for
the growing of Cannabis, that was undertaken by the City last year.
Council could request that staff undertake this review for 2023.
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Downtown Street Furniture and Planter Replacement
City staff are requesting that the BIA provide a list of items requiring maintenance, and
severity of concern. Municipal Works will advance these maintenance efforts. However,
replacement of street furniture for strictly aesthetics purposes is not supported as we
expected all assets to remain serviceable until the end of their useful life.
Please be reminded that existing street furniture along Queen Street was selected and
specified in close consultation with the Downtown BIA as part of the 2011 Downtown
Reconstruction initiative and is generally expected to have service life of approximately
20 years.
Redevelopment of Parkette on Valley and Queen
The Parkette on Valley Way and Queen is a small, City-owned, passive/green space that
is otherwise unusable for commercial purposes. There is no present or planned capital
needs associated with this space. The periphery of this Parkette is well-lit with municipal
street lights.
Improvements such as additional amenities, or special event programming taking place
at this Parkette is supported by staff provided that the BIA contribute to the full cost of
these improvements.
Implementations of Appeal Provision
The BIA is its own entity, with its own Board of Directors, Management, internal controls
and Budget, from which BIA tax rates are determined. As such, the BIA is responsible
for its own fiscal management and policy. The BIA may adopt policy whereby the annual
BIA budget includes an appropriate estimate for annual property tax wr ite offs and a
contribution to reserve (i.e. accumulated surplus) for future tax stabilization.
Reserve funding is used in years when an annual deficit is directly attributed to significant
property tax write offs. Under this approach, property tax reve nue used to fund
assessment appeals located in the BIA is generated exclusively from the BIA tax levy
(BIA members).
River Road Signage
The existing Downtown Q signs are located at the intersection of Queen Street and River
Road. The southerly sign is located on a City property parcel, and the other sign is located
on an extension of unopened road allowance. It is not expected that Niagara Region will
have any funding programs in place for financial support as the Region’s Public Realm
Improvements Program (PRIP) funding is dedicated to streetscape adjacent to Regional
roads only.
These signs were erected in 2011 as part of the Eastern Gateway Downtown
Revitalization initiative. They appear to be in good condition and are expected to have a
useful life in the order of 30 years. For this reason, Municipal Works does not support any
financial commitments to changes of this signage.
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Entry Signage of Victoria Avenue
Municipal Works supports this initiative. If the BIA has signage, Staff would be pleased to
erect them at suitable locations. Signage on MTO highway property must follow the TODS
sign approval process. Municipal Works can assist but will require the BIA to be the
primary applicant for this process.
Erie Avenue Derelict Buildings near Go Station
Municipal Enforcement Services conducted a proactive “blitz” of the area. Property
Standard Orders were issued, and key buildings have been brought into compliance of
the property standards by-law.
Hotel Europa and other buildings have been secured, lit ter on and surrounding the
properties have been removed and all secured 2nd storey and above plywood placement
windows have been painted in the likeness of the brick. New proposed development will
address any further concerns in the area.
Welcoming Streets initiative
If the streets of Niagara Falls are unwelcoming, unsafe or provide a level of discomfort,
then lobbying the various tiers of government who are responsible for law enforcement,
social services and educational services may be a more appropriate avenue to resolve
this issue.
A Peer Outreach Worker would need to have a specific skill set related to public
health/social work which is not a core lower tier municipal function. It may be more
appropriate for the Region to provide such skilled staff. The City already contributes $15K
to the NRPS for the CCTV initiative to mitigate violence in the streets. The CCTV camera
installation for the area is currently under review with the NRPS.
The City’s Outreach team which consists of the Manager of Enforcement, Gateway Social
Services, and the NRPS “CORE” unit currently works closely with our stakeholders to
conduct daily patrols, assist with social service needs and address any/all property
standards concerns in a timely manner where identified.
Financial Implications/Budget Impact
The BIA is its own entity, with its own Board of Directors, Management, internal controls
and budget, from which BIA tax rates are determined. As such, the BIA is responsible for
its own fiscal management and policy. The BIA may adopt policy whereby the annual
BIA budget includes an appropriate estimate for annual property tax write offs and a
contribution to reserve (i.e. accumulated surplus) for future tax stabilization. Reserve
funding is used in years when an annual deficit is directly attributed to significant property
tax write offs. Under this approach, property tax revenue used to fund assessment
appeals located in the BIA is generated exclusively from the BIA tax levy (BIA members).
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Any further asks or wants outside the BIA Management Group internal budgetary controls
and/or reserves would be applied through the Municipal Tax levy.
Strategic/Departmental Alignment
The information contained in this report meets the City’s strategic commitment to;
• Monitor and evaluate infrastructure age and condition, to ensure financial
sustainability of long-term plans for infrastructure renewal;
• Address issues relating to property standards to help to beautify our community
by enforcing property standards with a focus on unsightly, neglected and derelict
buildings, and
• Work with the Niagara Region to reduce homelessness.
List of Attachments
Appendix 1 - City of Niagara Falls - BIA Priority Areas
Written by:
Gerald Spencer, Manager of Municipal Enforcement Services
Submitted by: Status:
Kira Dolch, Director of Planning, Building &
Devlopment
Approved
- 06 Jul
2022
Jason Burgess, CAO Approved
- 06 Jul
2022
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4605 QUEEN STREET NIAGARA, ON L2E 2L7 P. 905-356-5444 / DOWNTOWNNIAGARAFALLS.COM
April 29th, 2022
Mayor and City Council
City of Niagara Falls
4310 Queen Street
Niagara Falls, ON, L2E 6X5
To Whom This Will Concern,
As a Board of Management for Council, a BIA’s role is to provide Council with an “ears to the
ground” approach, as to better understand what both residents and BIA members are doing or
saying. The Downtown Niagara Falls Board of Management takes this role seriously and has
been collecting feedback from both members of the BIA catchment and residents of the
community over the past two years. The BIA is excited for Council’s commitment to our
Downtown and to assist both City Staff and Council, we have complied a list of challenges
identified within Downtown and provided recommendations or best practices.
1. Vacancy Tax: Introduced in Vancouver for residential areas in 2017, the program helps
return empty and under-utilized properties to the market as long-term rental homes for
people who live and work in the City. Similar to the City of Vancouver, the BIA is
proposing commercial property owners be required to submit a declaration each year to
which will determine if their property is subject to the Vacancy Tax and would be
implemented by the City of Niagara Falls. The tax would be reallocated to Downtown
projects that enhance and revitalize the core. The BIA recommends that the City
investigate and implement a vacancy tax for the 2023 fiscal year.
2. Commercial storefronts leased or utilized as storage: Downtown has numerous
properties currently leased or solely used for storage. To visitors and residents, these
properties appear to be forgotten or derelict, contributing to the perception that
Downtown is "run-down" and has high vacancy rates. To combat and overcome this
negative stigma, the BIA recommends a bylaw be introduced to prohibit the use of these
prime economic generating spaces as storage.
3. Commercial Storefront Windows: Downtown has several storefront windows that have
either been covered by plywood, old newspapers, or blacked-out windows. The BIA is
recommending a bylaw to ensure property standards ensuring that all properties within
the catchment contribute to a welcoming and safe environment for residents and visitors.
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If a bylaw exists on record, we ask that more vigorous enforcement be assigned to ensure
the current properties with these challenges are notified of potential violations. Boarded-
up windows contribute to the perception of an unsafe street or area, creating negative
connotations towards Downtown, which stunts future economic development.
4. Victoria Avenue Streetscape Prioritization: The BIA is aware that the City of Niagara Falls
plans to fix underground infrastructure and above-ground streetscaping along Victoria
Avenue; however, the BIA hopes these projects are expedited to the front of the queue.
Typical comments from BIA survey's (both residential and business surveys) note that
Victoria from the 420 Highway to Bridge Street is dark in the evening, uneven, often
floods, and is not visually appealing, resulting in visitors and residents avoiding this
primary entrance to the Downtown. The BIA is seeking prioritization of this streetscaping
project would assist more than 180 small and medium-sized businesses starting in 2023.
5. Canada Day and Santa Claus Parade: The BIA is aware that Recreation and Culture staff
have expressed support in transitioning these civic pride events to the new Exchange on
Ferry Street. These events are drivers of both foot and vehicle traffic to Downtown and
continue to be our top-rated events amongst members and residents via the annual BIA
survey. The BIA has partnered with the City to deliver these events and even sponsored
with levy money for multiple years; we would like to ensure its permanency in the core of
our community and near City Hall. We recommend that the City Council vote to
permanently keep Canada Day and Santa Claus Parade downtown.
6. Restriction of payday loans and rent-to-own businesses within BIA catchment: Payday
loans offer quick cash but demand interest and fees greater than other loan types,
especially if not repaid quickly — perhaps six to seven times the cost of an equivalent
amount from a credit card cash advance or line of credit. Studies indicate that rates of
crime, poverty and even drug use are significantly higher in areas surrounding payday
loans and rent-to-own businesses, with Downtown and main streets being prime locations
due to decreased rental prices and proximity to low-income renters in apartment units.
The BIA recommends a bylaw be passed restricting these businesses from operations
within and surrounding the BIA catchments.
7. Downtown Street Furniture and Planter Replacement: The garbage cans, planters, and
benches Downtown are either broken, faded, or neglected, requiring maintenance or
replacement. The BIA recommends these items be replaced in 2022/2023.
8. Redevelopment of Parkette on Valley and Queen: The Parkette between Valley Way and
Queen Street is a vacant grass area that tends to attract drug use at night, crime, and "tent
cities". The parkette is located at the entrance to Downtown from Victoria Avenue. It is
visible to traffic coming from multiple directions and offers no lighting during the evening.
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The BIA recommends that this area be transformed to maximize potential, increase
lighting, and re-create this underutilized and essential piece of Downtown. Ideas include a
mini-event space with a small amphitheater as electrical power is plentiful in the parkette,
large garden beds, a community garden, or a playground. The BIA is open to all
suggestions and is seeking council support to prioritize in 2023/2024.
9. Implementation of Appeal Provision: The City of Toronto implemented an appeal
provision for BIAs intending to protect the cash flows and revenues required by the BIAs
to meet its operating obligations in the future, rather than the BIAs directly compensating
the City for assessment appeal reductions. The appeal provision provides a contingency
used to offset appeal reductions. A set percentage amount for the Provision for
Assessment Appeal Reductions and Write-offs is collected above and beyond the BIA
budget, capped at a set amount, protecting the BIA from appeal repayments that would
otherwise cripple BIA operations. The collected amount would be maintained by the City,
ensuring future Board's maintained adequate reserves for appeals not yet accounted for.
We recommend that the City create the Appeal Provision and implement it for the 2023
fiscal year.
10. River Road Signage: The Board hopes to engage the City in a joint application for
Regional funding to replace the signage on River Road with an updated and modern look
that reflects our current branding. The Board has retained Signature Signs in Niagara Falls
to create potential bid submissions and is seeking City Council action to make this item a
priority project in 2022/2023.
11. Entry Signage Victoria Avenue: The BIA wants to install additional entry signage and
guiding signage to direct tourism and visitors to Queen Street from the 420 Victoria
Avenue Exit. Again, we are seeking that this becomes a priority project in 2022/2023.
12. Erie Avenue Derelict Buildings near Go Station: Each weekend, the GO Station
witnesses line-ups of tourists visiting our great City. However, tourists remain hesitant to
travel one street over to Queen Street because of the facade of the buildings along Erie
Avenue from Bridge Street to Queen Street, which includes the property on the corner of
Queen and Erie. Some of these buildings have been abandoned for years resulting in
unsafe conditions with an uninviting welcome to our community's Downtown core. Studies
have shown that abandoned buildings create a desolate atmosphere leading to higher
crime incidents, vandalism, and drug use. Expropriation, destruction, or forced property
standards on these buildings would benefit the entirety of Queen Street, drawing more
tourists. The BIA recommends that Council take drastic measures to demolish or force
maintenance on these chronically vacant properties.
13. Welcoming Streets initiative: At the 2022 OBIAA conference on Monday, April 25th,
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2022, the Mayor, BIA Board, and BIA Staff were present for Downtown Belleville's award
for their Welcoming Streets initiative. The project saw a Peer Outreach Worker that
worked to support business owners by responding to situations that did not require the
help of police. In addition, the Worker engages with vulnerable individuals to ensure they
are connected with the services they need. Expected outcomes included Business owners
feeling supported and having access to the information/training they need; vulnerable
individuals feeling supported and linked with the services they need, and the downtown
core being safe and inclusive for all community members, which helps to increase the
overall reputation and perception of the Downtown. The BIA recommends that funding is
set aside in the City budget for the BIA to operate the program in future years or that the
City lobby the Regional government for funding.
We are profoundly proud of the work Council and the BIA has accomplished these past two
years, but we’re even more excited to take these next steps to revitalize the core of our City!
Thank you for your consideration and we look forward to working with you on these revitalization
projects.
Sincerely,
The Board of Management for Downtown Niagara Falls
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R&C-2022-14
Report
Report to: Mayor and Council
Date: July 12, 2022
Title: Council and Advisory Committee Recognition Policy
Recommendation(s)
That City Council approve the Council and Advisory Committee Recognition Policy
Executive Summary
At the May 31st, 2022 City Council meeting the chair of the Accessibility Committee
requested a long standing committee member, Ian Graves be recognized for his
significant contribution to the committee and the community. Council supported a motion
to plant a tree in honour of Ian Graves. Staff will work with Mr. Graves family members
to determine the next location.
The Accessibility committee acknowledged there are outstanding committee members
who should be recognized. How to properly recognize the outstanding members can be
challenging. If all outstanding members were to be considered for a facility naming
opportunity, naming opportunities would quickly disappear. To ensure there is a
consistent approach to acknowledge significant council and committee members staff
have prepared a draft Recognition policy.
The Purpose of the Policy is to recognize long term former members of City Council and
Advisory Committee members who have demonstrated exemplary service and dedication
to municipal issues at either the City, Provincial or Federal level during their term. The
attached policy recommends a tree be planted to recognize the outstanding member.
Two Tree Recognition groves will be established at city park locations. Signage will be
installed with a QR code to connect to the virtual Recognition Wall to provide the
member's name, years of service and additional details.
Background
The goal of the policy is to determine how to effectively and consistently recognize
significant council and committee members. The city of Brantford has established a
Wall of Recognition to acknowledge their outstanding past Council members. Other
communities have planted trees or named a facility to recognize a significant member.
The draft Recognition Policy was presented to the Recreation Committee at the June
14, 2022 meeting. The committee approved developing a grove of trees with a central
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recognition plaque, adding a QR code to direct people to the virtual Recognition Wall,
and requested clear criteria be developed to define exemplary service and dedication
to municipal issues.
Analysis
The Clerk’s Department will maintain a list of all council and committee members who
have served on Niagara Falls City Council and Advisory Committees of Council. To
recognize a former member an application form will completed and submitted to the
Clerks office for consideration.
The eligibility criteria is as follows:
• the member is not a sitting member of City Council or committee.
• the member has served a total of ten or more years on Niagara Falls City
Council and/or advisory committee of council.
• Individual nominees must be or have been a Niagara Falls resident. A resident is
someone who has lived, been employed, and/or attended school within the city of
Niagara Falls.
• the nominee may be living or deceased.
• the nominee has been a strong advocate on behalf of the committee, supports or
recommends a particular cause, for example implementation of new accessibility
building standards
• the nominee has provided unique contributions marked by excellence and
worthy of honour. Contribution may include a new or unique initiative that was
implemented to improve quality of life in Niagara Falls, for example city wide trail
• the nominee has had a positive impact on the lives of the citizens within Niagara
Falls, for example coordinating fund raising campaign for a new facility
City staff, member of council and a community member will review the applications and
recommend to City Council the individuals to be recognized. Once the application is
approve their name and details are added to the virtual Wall of Recognition for
outstanding council and committee members.
A tree is also planted on their behalf in one of the designated greenspaces to create a
recognition tree grove. Signage will also be installed to designate the area, including a
QR code to access the virtual Wall of Recognition for names, picture and details.
Financial Implications/Budget Impact
The cost of a mature tree is approximately $100.00 - $200.00. City staff or contractor
will be responsible for planting the trees in the spring or fall.
Strategic/Departmental Alignment
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The City’s Strategic Priority, to commit to building and promoting a vibrant, sustainable
city that supports an active, connected, and creative community.
List of Attachments
Recognition Policy
Written by:
Kathy Moldenhauer, Director of Recreation & Culture
Submitted by: Status:
Kathy Moldenhauer, Director of Recreation & Culture Approved
- 05 Jul
2022
Jason Burgess, CAO Approved
- 05 Jul
2022
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POLICY
Recreation & Culture
Policy #: 1000.30.
Issue Date: July 12, 2022
Revision Date:
Council and Committee Recognition Policy
Purpose
To recognize long term former members of City Council and
Advisory Committee members of Council who have
demonstrated exemplary service and dedication to municipal
issues at either the City, Provincial or Federal level during
their term.
Responsibilities
•The City Clerk’s Department shall maintain a list of all
members who have served on Niagara Falls City
Council and Committees of Council including their
years of service.
Induction Eligibility Criteria:
•the member is not a sitting member of City Council or
an Advisory Committee of Council.
• the member has served a total of 8 or more years on
Niagara Falls City Council and/or advisory committee
of council.
•Individual nominees must be or have been a Niagara
Falls resident.
• the nominee may be living or deceased.
•the nominee has been a strong advocate on behalf of
the committee, supports or recommends a particular
cause, for example:
o implementation of new accessibility building
standards
o Evidence of challenging stigmas and
advocating for positive change
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• the nominee has provided unique contributions
marked by excellence and worthy of honour.
Contribution may include a new or unique initiative
implemented to improve quality of life in Niagara
Falls, for example:
o Demonstrated a commitment to filling a critical
need or important gap in service delivery
•the nominee has had a positive impact on the lives of
the citizens within Niagara Falls, for example:
o coordinating fund raising campaign for a new
facility.
o chairing or key contributor to an event for
multiple years
o spearheading an initiative that has had long
term impact on the community
Recognition Process
Nomination forms are submitted to Clerks Department.
Selection committee consisting of three individuals; staff,
council and a community member will review the
applications and recommend members to be recognized.
Maximum of five individuals will be recognized each year.
Report is prepared for City Council to approve member’s
names to recognize.
Trees are planted annually in the designated greenspaces to
create the Recognition tree grove. Staff will select type of
tree.
Signage to designate the area, include QR code to link to the
virtual Wall of Recognition for names, picture, and details.
Revoking the Recognition
City of Niagara Falls reserves the right to revoke the naming
recognition opportunity under the following circumstances:
•If the actions or deeds of the individual recognized are
not in keeping with the City’s values or standards.
•City will inform the individual in writing if their name is
removed from the virtual Recognition Wall.
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Submitted By: Kathy Moldenhauer, Director
Recommended By: Jason Burgess, CAO
Approved By Council On: July 12, 2022
Report #: R&C-2022-14
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R&C-2022-15
Report
Report to: Mayor and Council
Date: July 12, 2022
Title: Community Clean Up Program
Recommendation(s)
That Council receives the Community Clean Up Program report.
Executive Summary
At the Tuesday, April 12th City Council meeting, Council unanimously directed staff to
investigate starting a Clean Up program that would encourage individual residents to go
on their own or with their friends or family to clean-up places where they see a need. The
program could include: An online sign-up form, proper insurance coverage on city
property while they’re doing the cleanup and a place to pick up & drop off supplies like
garbage bags, gloves, and pickers. Carried Unanimously.
The Recreation & Culture Department annually receives requests from residents who
wish to assist with the clean-up of litter from city boulevards, trails, and parks. These
individuals/groups are interested in participating during various times of the year that work
with their schedules. The City wants to be proactive in engaging residents with positive
volunteer opportunities, providing support through administration, and following best
safety and liability practices. Apart from scheduled clean-up events, the city has
developed a new program where volunteers are able to participate in clean -up activities
at any time of the year that best fits their schedule.
Background
The Park in the City Committee coordinates two annual clean-up events in addition to the
Adopt-A-Program, which enables volunteers to participate in clean-up activities. Under
these events and programs, the activities are limited to certain dates or are formalized by
a long-term agreement. Registered volunteers for both programs are covered under the
city’s insurance policy.
Staff are receiving requests from the public for an opportunity to participate in volunteer
clean-up activities with more flexibility to be compatible with the volunteer’s schedule. To
accommodate these requests, Staff have developed a new community clean-up program
that will allow residents to register and participate with ease.
The new Community Clean-Up Program enables residents to register with city and
participate on the same day. The Program will be administered by Staff to coordinate
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requests, acquire completed waiver forms, provide proper personal protective equipment
and supplies, and follow-up with any maintenance issues. Volunteers will be covered
through the city’s insurance while conducting volunteer activities through this program.
Analysis
It is important to note that any successful volunteer program needs to adapt to current
activity trends to retain and enhance volunteer participation from the public. Staff have
consistently noticed residents cleaning requests for flexible participation options to
volunteer at events or with programs. The city also realizes how important volunteers are
to supporting current operations, events, and programs. Volunteer contributions add to
economic activity through the value of services provided.
The city wants to ensure that residents feel appreciated and have a positive volunteer
experience that is easily accessible. The Community Clean -Up Program allows for
residents to participate at any time of the year that best fits their schedule and provides
the appropriate support system for staff to readily execute efficiently and quickly.
Financial Implications/Budget Impact
The City will continue to support volunteers with the appropriate personal protective
equipment and clean-up supplies required to perform the volunteer activity safely and
properly. Additional administrative resources will also be provided.
Projected annual costing of clean-up supplies is $1,000. If the city receives any
sponsorship dollars, the monies will be used to reduce the financia l impact to the
taxpayer.
Additional costing for volunteer insurance will be incurred to ensure all city volunteers are
covered while performing volunteer tasks. Costing for insurance is $1,000 annually.
Strategic/Departmental Alignment
The City of Niagara Falls is committed to building and promoting a vibrant, sustainable
City that supports an active, connected, healthy, and creative community. By engaging
volunteers to participate in community programs, the City will continue to help to enhance
a sense of community civic pride for our residents and visitors.
List of Attachments
R&C-2022-15-Attachmemt #1 Community Clean Up Program Agreement
Written by:
Jeff Guarasci, Community Development Coordinator
Submitted by: Status:
Kathy Moldenhauer, Director of Recreation & Culture Approved
- 04 Jul
2022
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Jason Burgess, CAO Approved
- 05 Jul
2022
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COMMUNITY CLEAN UP PROGRAM AGREEMENT
The City of Niagara Falls encourages residents to volunteer to help clean up litter from City parks, trail and boulevards.
The following is an agreement that volunteers are to review and sign prior to conducting any clean-up activities. This
program has been established as a public service program for volunteers to be responsible for litter pick up along City of
Niagara Falls selected areas only. Every volunteer agrees to participate in the Community Clean Up program subject to
certain terms and conditions set out herein.
1. The Volunteer shall obey and abide by all laws and regulations relating to safety and such terms and conditions as may be
stipulated by the City from time to time, and abide by the rules and conditions set out within this agreement.
2. The City shall provide safety information, offer trash bags, gloves and vests to the Volunteer upon receiving notice prior to
the beginning of a clean-up. It is the Volunteer’s responsibility to acquire clean -up supplies prior to each event.
3. The City shall remove and dispose of filled trash bags following a clean-up at a designated location during normal working
hours and when Staff are available to collect these items.
4. Either party may terminate this agreement at any time upon 30 days notice given in writing to that effect to the other party
and the Volunteer shall forthwith surrender to the City any and all articles provided by the City under this agreement.
5. The Volunteer shall make arrangements for travel to the work site and shall ensure provision of all supervision, safety
equipment and medical/first aid service to fellow Volunteers.
6. The Volunteer shall pick up litter on only designated City maintained parks, trails and boulevards. Volunteers are NOT
permitted on private owned property that is not under the City’s jurisdiction.
7. The Volunteer shall give the City Staff Program Coordinator (“Program Coordinator”) 24 hours notice prior to beginning of a
clean-up. This notice is to be delivered by email or by phone.
8. The Volunteer shall return all acquired inventory to the City at the completion of a clean-up activity unless alternative
arrangements have been made with the Program Coordinator.
9. By participating in a clean-up event, the Volunteer assumes all risks including any risk of injury, loss, damage and possible
exposure to a communicable disease including COVID-19. The City cannot guarantee that you will not become infected with COVID-
19. Further, the Volunteer is made aware through this agreement that by participating in a clean-up event could increase the risk of
contracting COVID-19.
10. The Volunteer understands and agrees that the City shall not be liable for any losses or damages incurred by any person
using City facilities or participating in City offered programming/events, including sickness or death that occurs as a resul t of COVID-
19 and the Volunteer agrees to release the City of Niagara Falls from any liability in connection therewith and further agrees to
indemnify and hold harmless the City of Niagara Falls from any claim that may be made by anyone using City facilities or prog rams,
against the City of Niagara Falls in connection therewith. The Volunteer is responsible to ensure that current COVID-19 protocols
mandated by the Province of Ontario, Niagara Health, or the City of Niagara Falls are followed during their program/event. The
Volunteer understands and agrees that the City of Niagara Falls will be collecting and retaining contact information regarding the
Volunteer, and that there is a possibility that this contact information may be shared with public health officials if required.
11. The Volunteer agrees to allow photographs, interviews or video to be taken for the purpose of publication and/or broadcast
of a clean-up event. Photos and videos will not be shared with other third party entities other than media and communication
streams controlled by the City of Niagara Falls.
12. The Volunteer releases and forever discharges The Corporation of the City of Niagara Falls, its officers, employees and elected
officials from any and all actions, causes of actions, claims and demands, for damages, loss, injury, or obligations and liabilities of any
kind which heretofore may have been or may hereafter be sustained by the Volunteer or to any persons or property arising out of or
connected with participating with a clean-up event.
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SAFETY INSTRUCTIONS
Please read the following Safety Instructions to confirm you understand all acquired precautions that are to be undertaken while
participating in a clean-up event.
In case of emergency…..
Preselect the most direct route to the nearest medical emergency facility. Always have transportation immediately available. A
cellular phone on site is recommended. Have a first aid kit immediately available. Suggested first aid kid items should include:
- 1 card of safety pins
- 14 adhesive dressings
- 4 sterile gauze pads, 3 inch square
- 2 rolls of 2-inch gauze bandage
- 4 sterile surgical pads
- 2 triangular bandages
THINK SAFETY
VOLUNTEERS MUST
There are a few simple rules worth remembering, especially when it comes to safely working along the roadways and streets. These
rules must be reviewed by all volunteers before each clean up session.
SAFETY
- Always wear a safety vest or bright colour clothing.
- Car pool to minimize the number of vehicles at the work site and always disembark from the vehicles on the side adjacent
to the ditch.
- Park parallel to the road and as far off the travelled portion as possible.
- Park vehicles on the same side of the roadway as the volunteers are working.
- Clean up only one side of the roadway at a time and work towards on-coming traffic.
- Pick up litter during daylight hours only.
- Flag hazardous and unidentifiable items for pick up by City staff.
- Stay clear of any maintenance or construction operations and equipment.
- Stay clear of any water hazards.
- Discontinue work in inclement weather.
- Ensure all volunteers are using the appropriate personal protective equipment.
- Stay mentally alert at all times.
- Wear protective footwear and gloves.
- Wear light colour clothing that covers arms and legs.
- Wear a baseball cap or wide brimmed hat and sun screen lotion.
- Drink lots of fluids while you work especially on hot humid days.
- Be aware of any special needs of fellow volunteers (i.e. medical).
- Avoid over exertion.
- Stay alert for and avoid hazardous plants (i.e. poison ivy) and stinging insects.
- Keep an adequate supply of trash bags on hand.
VOLUNTEERS MUST NOT
- Walk or pick up litter on the pavement, shoulder, or in the median.
- Work on bridges, overpasses, steep ground, or in tunnels.
- Touch or pick up hazardous items or any thing that cannot be identified.
- Use or possess illegal drugs or alcoholic beverages before or during the clean-up.
- Place broken glass or other sharp objects in trash bag.
- Step or jump on trash bags.
- Travel onto private property to conduct a clean-up.
YOUTH
Be at least 14 years old in order to volunteer along roadside boulevards. Youth under the age of 14 are permitted to help clean-up
along parks and trails not beside arterial roadway. Youth under the age of 14 must be accompanied by a guardian. Youth betwee n
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the ages of 14 and 17 must have a permission slip signed by a guardian to participate. The clean-up group must provide at least one
adult (18 years or older) supervisor for each 5 workers who are 14 -17 in age.
DATE:_____________________________
VOLUNTEER SIGNATURE:_____________________________
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CAO-2022-10
Report
Report to: Mayor and Council
Date: July 12, 2022
Title: Support to host 2023 International Curling Event
Recommendation(s)
1. That Council approve the contingent financial support for the Host Committee
(The Niagara Falls Curling Club) to a maximum total of $160,000, in order to host a
Grand Slam of Curling Event in 2023 or 2024.
2. That Council direct staff to assist the Host Committee with the provision of the
Gale Centre as the location for the event, social media support, grant submission
support and a staff liaison to the Host Committee.
3. That the Rental Fee for the Gale Centre be set at $25,000 for this event.
Executive Summary
This event is considered by staff to be a low risk event for the City due to the structure
of the event and the track record of this event. The risk of the City being requested to
provide the Host Fee guarantee is low for the following reaso ns:
1) The host fee is not required until the conclusion of the event. The Host Committee
will have been able to sell and collect the funds from ticket sales, sponsorships, 50/50
draw events and other sources.
2) These events have been held for the past 10 years in numerous cities across
Canada (in many smaller communities) with success. The dynamics of Niagara Falls
will provide additional ticket sale and sponsorship opportunities that smaller
communities or venues do not have.
The event will provide strong economic impact (estimated at between $2 and $4 million)
and exposure to the City (over 2 million viewers) again on a very limited cost basis. A
unique aspect of this event is the international scope of the event and the exposure this
event will provide the City both within and outside of Canada. Niagara Falls will be
highlighted with specific content during the broadcasts.
The key outcome of this event is to financially strengthen part of the City’s recreational
network. Unlike other sports such as Hockey, Baseball, Soccer, Aquatics, Track, to
name a few, the Curling Club does not receive taxpayer support. By supporting th is
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event it is anticipated that the Curling Club will be able to strengthen its financial footing
to continue to provide low cost programming for the community.
Background
Members from the Niagara Falls Curling Club (NFCC) met with staff regarding the
potential for hosting this event. Subsequently, NFCC members, staff from Sportsnet
and our staff met on site to review the potential at the Gale Centre.
Attached to this report is the NFCC’s request, a summary of the event and the advisory
board that the NFCC has put together to ensure the event is successful.
The targeted event will require Rink 1 in the Gale Centre and a second rink to be closed
to host the event. Rink 1 will be for the main draws that are televised (essentially for the
top 16 men’s and top 16 woman’s teams). The second rink would be used for the next
32 ranked teams.
Based on the preliminary schedule the rinks would be out of use from November 3rd
until the 15th. This would cause an issue with a key hockey tournament, as such the
Host committee will be in discussions to alter the dates of the event or to pursue
another Grand Slam event in 2023 within a better time frame.
Analysis
The following was the key factors considered:
Economic Impact to the Community
Traditionally this event has triggered more than $2 million in various economic impact.
This event will be held in a non-peak time for Niagara Falls and as such this is seen as
a benefit. The national and international (as this is for the top teams globally) exposure
is also important for the municipality.
Financial Risk to the City
The event has good revenue framework for the Host Committee. The Event owner
(Rogers) requires a payment of $160,000 at the conclusion of the event. The Host
Committee has a number of revenue streams:
•The first $100,000 of ticket sales will go to the Host Committee, after the $100,000
level the ticket revenue is then split 50/50 after the $100,000 mark. Average ticket sales
have been $140,000 for these events, however many of these events are held in cities
or towns with limited tourism offerings. We should exceed the average ticket sales for
this event. For example if ticket sales are $190,000 the Host Committee would earn
$145,000.
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Ticket range in price depending on location and will be determined by the Host
Committee, however based on other events Niagara Falls Staff assumed $300 for the
full tournament pass. If 400 full tournament passes are sold that would account for
almost $120,000 in ticket revenue. Then there would be ticket packages and single
draw ticket sales in addition to this.
•Sponsorship sales commission - the Host gets 40% of sponsorships up to $80,000 and
then 75% over $80,000. For example if the sponsorship revenue is $200,000 then the
Host Committee would obtain $122,000.
•There are additional revenue opportunities in 50/50 ticket sales, concession and some
food and beverage sales.
Facility User Impact
Based on the original event the two ice surfaces would effectively be turned over to the
Production Team on November 3rd and then returned to the City on November 12th.
(As noted these dates will not work for the City due to a major hockey tournament and
as such these dates are being provided to be illustrative.) The City would then have to
reset up the rinks for use after this. We have estimated the timing of this to be 2 days.
We would work with the ice user groups to ensure minimal dates are lost by the users.
We would utilize a number of strategies for this including, (i) maximizing the use of our
other ice surfaces including Chippewa, (ii) we would start the 2023 season a little earlier
for our user groups and extend the season a little longer and (iii) we would advise the
user groups to schedule more “road” games during this time period, we can do this due
to the advance notice.
Other Cost Considerations
Other cost considerations includes our staff time to assist in the coordination of the
event prior to and during the event.
There is the potential opportunity cost for the sale of ice during this time period. The
City would have theoretical lost revenue due to the down time of the two rinks estimated
to be $72,000. This is assuming 12 days for two rinks at 15 hours per day at $200 per
hour. However the reality is we are not fully utilized at our rinks. By undertaking
mitigation steps to ensure our users are not materially impacted, we don’t believe we
will have any significant lost revenue and we will receive $25,000 in fee rentals for the
two ice surfaces. This approximates 125 hours of rental payments at $200 per hour or
essentially charging a little more than 5 hours of ice use for each rink for each day the
rink is not in use.
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Overall Conclusions
The revenue risk should be limited with a strong Host Committee and due to the natural
advantages of Niagara Falls. It is anticipated by staff that the City would not be called
upon to pay any part of the Host Fee, that the City would receive $25,000 for use of the
Gale Centre, would have limited impact on dates lost for ice rental for this event.
Financial Implications/Budget Impact
The maximum financial exposure for the City is $160,000, however as noted above staff
do not expect any financial exposure for the City. The above being said staff will place
a hold in the 2023 budget for $50,000 as a conservative approach for this event.
Staff will support the event with resources from Communications, Economic
Development and Recreation and Culture.
List of Attachments
Attachment A: Responsibilities Host Rogers
Attachment B: Pintys Grand Slam of Curling Hosting Package
Attachment C: GSOC Advisory Board
Attachment D: GSOC Org Chart
Attachment E: NFCC Proposal Council
Written by:
Jason Burgess, CAO
Kathy Moldenhauer, Director of Recreation & Culture
Rob McDonald, Manager of Arenas & Customer Service
Submitted by: Status:
Jason Burgess, CAO Approved
- 07 Jul
2022
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Responsibilities
ROGERS’ DELIVERABLES
Rogers shall provide or cause to be provided or procured for the Event:
(1) Top ranked men’s and women’s curling teams in the world based on world ranking system;
(2) Professional event production team, consisting of an: Operations Director, Operations
Managers, Head Ice Technician and Assistant Ice Technician, Head Official, Head Statistician;
(3) All production equipment: Ice carpet, rink board drape, venue signage, rink boards, in-ice
logos, scoreboards, music, ice making equipment specific to the installation and maintenance of
curling ice, etc.,
(4) Canadian and local advertising, marketing and promotional support via the
thegrandslamofcurling.com website, Rogers owned stations commercial spots, curling
publications, etc.
(5) Communication Manager to prepare and circulate all press releases/media stories and
coordinate athlete media requests;
(6) Volunteer clothing and refreshment/light snacks up to 125;
(7) All accreditation;
(8) Advertising and promotional creative development (poster, print, TV and radio ad creative
featuring the top players);
(9) Manage all event logistics, operations and final settlement, which have been mutually
agreed upon;
(10) The top Grand Slam of Curling teams will participate in PR interviews for the local press to
promote ticket sales.
(11) Insurance coverage ($5,000,000 general liability);
(12) Is solely responsible for all Catering Costs under Section 4; and
(13) Is solely responsible for any costs associated with the broadcast, in house feed and any
media requirements.
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HOST’S DELIVERABLES
Host shall provide or cause to be provided or procured for the Event:
(1) Secure the use of the Arena pursuant to Section 1 of the Agreement
(2) All available dressing rooms, referee rooms, production offices
(3) House sound system, two portable microphones
(4) Internet access and hard wire with standard bandwidth to the production office and press
box
(5) Tables, chairs, linens and garbage cans for backstage dressing rooms, event offices and
designated meal areas
(6) Backstage storage for all production equipment
(7) Allow event to advertise in the venue and community
(9) a reasonable number of volunteers to assist with the Event
(10) 200 tickets per draw for national sponsors, media, players
(11) Area for media and statisticians that overlooks the ice surface
Section 1 - Example
1. Licensed Premises. In order to operate the Event for Host, Host grants to Rogers a license to use, and
Host shall make available to Rogers, that portion of the Arena and its facilities as may be necessary for the
presentation of the Event, for the duration of the Licensed Term (defined in Section 2 below) including the
specific areas identified in Schedule A, all upon the terms of this Agreement. The license granted hereby
does not extend to or include the non-public areas in and around the Arena, unless otherwise specifically
designated by Host. Rogers shall use the Arena to hold and present the Event as contemplated by this
Agreement. Rogers shall also pay a venue license fee to Host as set out in Section 6. Host represents to
Rogers that no further consents or approvals are required to use the Arena as permitted by this
Agreement.
2. Term.
A. Licensed Term of Use. Host grants Rogers use of the Arena during the period specified in Schedule A
(the “Licensed Term”).
B. Doors Open. Host shall open the Arena to the public at least one (1) hour before each session of the
Event, as scheduled by Rogers.
Schedule A - Example
LICENSED PREMISES: The arena known as , located in Gale Center, Niagara Falls, ON and its
facilities, including the following portions of the premises: the Arena's floor, seating facilities, access areas,
public address and scoreboard, sound systems, public address systems, dressing rooms, press rooms,
corridors, stairways, walks and lavatories in or about the Arena, a space for a production truck outside the
Arena and such other areas or parts of the Arena as may be necessary for the presentation and production
of the Event.
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(12) An area for the Grand Slam Social House beer garden (capacity 200+ people), as well as
tables, chairs, staffing, and entertainment for the beer garden; Approval rights over menu at the
Grand Slam Social House.
(13) National Anthem singer/group for Opening Ceremonies
(14) Concourse or lobby space for the Grand Slam of Curling’s national and local sponsors
(15) Any special event permits required to sell liquor in the Arena
(16) Fully functional ticketing office to sell tickets to the Event
(17) One (1) VIP suite for the National sponsors
(18) An advertising, promotional and marketing campaign for the Event in the local marketplace
(19) Ushers, ticket takers, security personnel, venue conversion, removal of all glass and poles,
venue cleaning, emergency medical personnel
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HOSTING OPPORTUNITY
Page 8 of 26Page 486 of 549
WHO WE ARE
•The Pinty’s Grand Slam of Curling is the largest series of professional events on the Women’s & Men’s
World Curling Tour.
•Comprised of six events from October to April, the Pinty’s Grand Slam of Curling features the best
international teams based on world rankings.
•Competing teams earning a spot based on the world rankings –guarantying the best players in the
world at every event.
•The series has been owned and operated since 2012 by Sportsnet, a Rogers Media company.
•Sportsnet is committed to an exceptional 360°full-week event experience including the Grand Slam
Social House and JR.GSOC, all in an effort to grow the sport of curling in Canada and support the
clubs and communities we visit.
•With incredible branding opportunities available in-venue as well as within Sportsnet’s 27+ hours of
broadcast per event, Pinty’s Grand Slam of Curling events provide great exposure for host
communities and local sponsors alike.
•The Grand Slam series is closely tied to the qualifying process for the Olympic Winter Games. Page 9 of 26Page 487 of 549
OUR SERIES
#Event Date Format Field
1 MASTERS Late October Round Robin Top 15 men & 15 women
2 TOUR CHALLENGE Early November Round Robin
Tier 1: Top 1 -15 men & women
Tier 2: next 16 –25 + 5 regional team invited both men & women
3 NATIONAL Mid December Round Robin Top 15 men & 15 women
4 CANADIAN OPEN Mid January Triple Knockout Top 16 men & 16 women
5 PLAYERS’ CHAMPIONSHIP Mid April Round Robin Top 12 men & women
6 CHAMPIONS CUP Late April Round Robin Based on qualifying events (strength of field)Page 10 of 26Page 488 of 549
ON THE MIC
I don’t think curling has ever
been in such a great position,
the strength of this sport has
never been where it is today.
The Grand Slam model is
driven by the players –their
input and support has fuelled
this growth and continues to
strengthen the product. I am
truly excited to be a part of
this property.
KEVIN MARTIN
•CURLING HALL OF FAME MEMBER
•18 TIME GRAND SLAM CHAMPION
•OLYMPIC GOLD MEDALIST
•SPORTSNET CURLING COMMENTATOR
Page 11 of 26Page 489 of 549
EXPOSURE FOR COMMUNITY & LOCAL SPONSORS
HOURS OF LIVE CURLING
2.0 MILLION +
LIVE TV AUDIENCE
27+
NATIONALEXPOSURE
*estimated audiencePage 12 of 26Page 490 of 549
HOST VENUE REQUIREMENTS
ARENA GENERAL
❑Seating capacity from 1400 –3000+
❑Sound system in the arena with wireless mics
❑Area to rig an LED screen (if not existing)
❑5 adult dressing rooms (2 women/2 men/1 Production office)
❑Room for Sportsnet TV interviews (10 x 12 –can be a dressing room or in close proximity)
❑Room in venue for volunteer lounge
❑Area for 7 statisticians that overlooks the ice surface (can be on concourse or in a media booth)
❑Hardwire for stats area and production office, WiFi available for media
❑Area for catering up to 60 people (crew/players)
❑Room in venue for Grand Slam Social House (beer garden) 200 + people
❑Concession area with deep fryers to prepare product provided by Pinty's for on ice Pinty’s Pub
❑Parking for 20 player vans
❑Access to tables and chairs Page 13 of 26Page 491 of 549
HOST VENUE REQUIREMENTS
ICE BUILD
❑Ice plant has dehumidification
❑All arena glass and poles can be removed and stored
❑Ice maker has access to ice plant throughout the event
BOX OFFICE / TICKET SALES
❑Fully functional ticket office (GSOC has a preferred vendor if non existing)
❑Have the ability to map seating chart for fans to pick their own seats
BROADCAST
❑Arena ceiling is 20+ feet above the arena ice for rigging cameras and lights
❑Area outside of ice plant that production truck can park
❑Parking for 16-20 crew vehicles
ACCOMMODATONS
❑Hotel accommodations with minimum 120 rooms within 20 KM of the arena (GSOC will negotiate contract and book
rooms)Page 14 of 26Page 492 of 549
WHY SHOULD THE COMMUNITY BE INVOLVED?
•GSOC events deliver an average of $2.0MM in economic impact
in each host market.
•National exposure to over 2.0 million viewers on Sportsnet/CBC.
•Integrated local sponsorships including sampling or experiential
opportunities can deliver 1-on-1 conversations to consumers in
your market.
•Directly impact sales by gaining valuable awareness with an
extremely loyal group of fans.
•Support your community and the growth of the sport of curling
•Association with a top-tier professional sporting event.Page 15 of 26Page 493 of 549
TURN KEY LOCAL SPONSORSHIP TOUCHPOINTS
360º
Solutions
Broadcast
Sponsorships
In-Venue /
In-Ice
Digital/
Social
Custom
Video
Athlete
Endorsement
Contests
Lead
Generation /
Direct Sales
Experiential /
Product
IntegrationThe Grand Slam of Curling
offers integrated, fully
customizable turn-key
solutions at every Event that
allow brands to own the
attention of curling fans with
exclusive local partnerships. Page 16 of 26Page 494 of 549
EVENT HOSTING FEE
Hosting Fee = $160,000
GSOC/Event will provide:
•$25,000 of venue hard costs
•27+ hours of national broadcast
•National and local marketing campaign (avg. $500,000 value)
•Economic Impact of $2M +
•$50,000 in assets (:30 commercial spots, in-ice logos, rink boards)
Host to Retain:
•Ticket sales revenue up to $100,000 (average ticket sales $140,000 per
event) Revenues greater than $100,000 are split 50/50 (venue/GSOC)
•Host is required to spend $10,000 in marketing to promote the event
within their community (can be approved contra)Page 17 of 26Page 495 of 549
EVENT REVENUE GENERATION
Local Sponsorship Share:
•Host to receive 40% commissions on gross local sponsorship
revenues from sales of $1 -$80,000
•Host to receive 75% commissions on gross local sponsorship
revenues from sales of $80,001+
•Sales support is provided by Sportsnet national sales manager
Additional Revenues:
•50/50 Sales –host is responsible for securing all licenses
•Share of Pinty’s Pub and Social House bar revenues
•Concession Sales
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EVENT OVERVIEW AND FEATURES
Grand Slam of Curling Property Overview: https://youtu.be/x3joWDQDPsU
Arena Transformation: https://www.youtube.com/watch?v=O5IgaTq8cQ4
Promoting the Players:
•The Sheet Show –exclusively at the Grand Slam events:
https://www.youtube.com/watch?v=9jhKhkYl3Lw
•Pinty’s Pub Chat: https://www.youtube.com/watch?v=o2bPquFrdOc
•Grand Slam of Curling team feature: https://www.youtube.com/watch?v=jOulxAm7d2M
The best shots from the best players in the world that can be playing in your community:
https://www.youtube.com/watch?v=vY1TQ9pb2J4Page 19 of 26Page 497 of 549
I WOULD LIKE TO HOST A GRAND SLAM OF CURLING EVENT
If you would like to host one of the Grand Slam of Curling
events in your community, please contact Kristi Petrushchak at
Kristi.Petrushchak@sportsnet.rogers.com or call 416-409-5675.
We hope to bring this event to you soon!Page 20 of 26Page 498 of 549
MEDIA COVERAGE
http://www.trurodaily.com/News/Local/2015-12-
10/article-4371569/Pinty%26rsquo%3Bs-Grand-Slam-
generates-more-than-%241-million-to-local-
economy/1
TRURO, NS –“A recent curling spiel generated more
than $1.25 million in direct benefits to businesses in
the greater Truro/Colchester County area, an
economic impact assessment has determined.
That is the conclusion of a Sport Tourism Economic
Assessment Model provided by the Canada Sport
Tourism Alliance from the Pinty’s Grand Slam of
Curling 2015 Masters, held at the Rath Eastlink
Community Centre (RECC) from Oct. 27 to Nov. 1,
featuring the top 15 men’s teams and 15 women’s
teams based on the World Curling Tour’s order of
merit.”
City thanks everyone involved in Grand Slam curling
JOHN CAIRNS ,STAFF REPORTER / BATTLEFORDS NEWS-OPTIMIST
FEBRUARY 3, 2017
Team Gushue salutes the crowd at the North Battleford Civic Centre after their 8-3 win over Team Edin in the Pinty’s Grand
Slam of Curling’s Meridian Canadian Open. Photo by Lucas Punkari
The City of North Battleford continues to bask in the glow of the successful Pinty’s Grand Slam
of Curling event held in early January. Wednesday a news release was issued from City Hall in
which they publicly thanked all of those involved in the effort.
Among those recognized were the volunteers who supported the effort and Twin Rivers Curling
Club for backing the event and providing volunteers and logistical support. The Grand Slam
committee was also recognized for organizing logistics, business and community organizations
for their assistance and City departments.
The Meridian Canadian Open, one of seven Pinty’s Grand Slam events across Canada this
season, was described by the City as providing “wonderful entertainment and exposure for
North Battleford.”
The City also expressed pride in the community for coming together and in delivering the
nationally televised event, played before near sellouts at the Civic Centre. “North Battleford is
grateful for all of your support in this endeavour and in general, making this community the
best,” the City announcement stated.Page 21 of 26Page 499 of 549
MEDIA COVERAGE
Page 22 of 26Page 500 of 549
Event Advisory Pool
Name -Relevant Experience
Rob Walters - College Chief of Staff
Sandra Brown -President, 1Pv4 Marl<et Solutions
Bart Maves -CEO, Sterlingbridge Marl<eting & Communications
Laurie Simpson -VP & Chief Compliance Officer, John Deere Canada
Mil<e Mann -Managing Partner, LB&W U.P
Brenda Grimo -Accountant/ Manager
Jim Graham -Director of Marl<eting, Hilton Hotels
Andrew Stoal<ley-Audio Engineer, Sportsnet
Stephen Fish -Youth Curling, Elementary School Teacher
Jacl<ie Lynch -Niagara Parl<s Commission Manager, 30+ Years
Steve Murphy-Canada Summer Games, Accessibility Auditor
Jessica Humphries - 3x National Curling Finalist
Jeff Bolan -Men's Curling Circuit
Marl< Cressman -Managing Director, Post Media
l<evin Tang -Operations Manager, CEBL
Chelsea Brandwood -Human Resources Manager, Provincial Curling Finalist
Joan Hawl<s -Industry 40 Under 40 Business Professional Page 23 of 26Page 501 of 549
City of NF Liaison
[TBD]
Senior Director
Sp encer Maves
Sportsnet Liaison
[TBD]
Events Director Financ ejLegal Director
[TBA]
Sponsorship Director
[TBA]
Volunt eers Director
[TBA]
NFCC Liaison
Sean Ford
[TBA] Page 24 of 26Page 502 of 549
W W W . N I A G A R A C U R L I N G . C O M
N I A G A R A F A L L S C U R L I N G C L U B
5801 Morrison St., Niagara Falls, ON, L2E 2E8
Ph: 905-358-6648
Email: manager@niagaracurling.com
The Niagara Falls Curling Club (NFCC or the Club) is looking to partner with the City of Niagara
Falls (the City) in pursuit of a bid to host the 2023 Pinty’s Grand Slam of Curling Tour Challenge
presented by Sportsnet. In partnership, it is proposed that the City of Niagara Falls would be the
financial guarantor for the event hosting fee, while the Niagara Falls Curling Club would manage the
majority of planning and recruitment of volunteers for the event.
The Pinty’s Grand Slam of Curling (GSOC) is a 64-team international curling event that is
organized and operated by Sportsnet, a division of Rogers Media Inc. The event, which would be hosted
at the Gale Centre from November 7-12, 2023, would welcome 64 of the world’s top men’s and women’s
curling teams to Niagara Falls for a weeklong tournament. The GSOC is a series of 6 annual curling
tournaments across Canada, each receiving 27+ hours on Sportsnet’s national broadcast and are
streamed across the globe. The event calls for the Hosting Group (N iagara Falls Curling Club and
partners) to pay a $160,000 hosting fee to Rogers Media at the culmination of the event. The Niagara
Falls Curling Club is seeking the City to be the financial guarantor for the event, covering the cost of
the Hosting Fee should event revenues fail to meet the required $160,000.
The Niagara Falls Curling Club is a public, not-for-profit recreation and leisure organization
located on Morrison Street, which currently has over 250 members from around the region and Western
New York ranging in age from 7 to 90. The Niagara Falls Curling Club is not supported by local taxpayer
funding and, therefore, relies on its own operating income to run its facility and membership activities.
The Club was recognized by Curling Canada in 2020 for its long history (established in 1891) and
community involvement by hosting Curling Day in Canada. Representing the Niagara Falls Curling Club
on this request are Spencer Maves, Secretary and Director of Curling Affairs, and Sean Ford, Club
Manager and Ice Technician.
The opportunity to host a GSOC provides both the Niagara Falls Curling Club and the City of
Niagara Falls with significant potential benefits. The event welcomes in hundreds of staff from Rogers
Media, along with over 300 athletes and coaches, and potentially thousands of fans into the City for up
to 10 days, which translates to roughly 1000 night stays at local accommodations. The event also would
offer Niagara Falls and one of its key recreation and leisure facilities (Gale Centre) more than 27 hours
of national television exposure and inte rnational streaming online. With this many eyes on the City,
there is a unique opportunity to build the brand of Niagara Falls and the Niagara Falls Curling Club in
the sporting world, while injecting cash flows into local businesses through online, televi sion, and social
media marketing and advertisement, hotel stays, experience consumers, restaurant goers, and more.
Event revenue streams for the hosting group come from ticket sales, sponsorships, 50/50, and food
and beverage sales. Host cities of past GSOC events have experienced between $2 and $4 Million in
direct economic impact to the city. Evidence of this data is included in supplements provided in the
Appendix.
The Hosting Group has already established an Event Planning Board and has a broad base of
resources that we can tap into for planning assistance. This group offers extensive experience in
business and sport industries that will assist with planning should our bid be successful. This advisory
pool includes local established business professio nals, entrepreneurs, athletes, industry-specific
Page 25 of 26
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professionals, lawyers, financial advisors, and communications professionals. We would like to offer a
spot on the event planning board to a representative from the City to ensure transparency and the best
interest of our potential partners is served. We want to ensure that the City has the opportunity to be
as involved as desired throughout the planning process.
Important details to note about the hosting opportunity are as follows. To begin, the GSOC event
would require exclusive use of two (2) Gale Centre ice pads for the event from the Friday afternoon
prior to the event (November 3), to the following Sunday evening (November 12). Competition would
take place from Tuesday, November 7th, to Sunday, November 12th. As previously mentioned, the
Hosting Fee for this event (payable to Rogers Media) is $160,000. As the Niagara Falls Curling Club is
a not-for-profit small business, we require a partner to be the financial guarantor of this Hosting Fee
should the event revenue not meet this cost. This risk to the City is low, as the fee is not due until the
end of the event. With over 23 curling clubs, 10,000 curlers, and over 7.5 million people living within
100 kilometres of the Niagara Region, Niagara Falls as a destination city offers a unique host city
environment for all involved.
Page 26 of 26
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MW-2022-41
Report
Report to: Mayor and Council
Date: July 12, 2022
Title: Prospect Street – Parking Review
Recommendation(s)
That the following parking controls be established on Prospect Street at the conclusion of
the road reconstruction project:
1. That a No Parking restriction be established on the north side of Prospect Street
between Drummond Road and Portage Road;
2. That a No Parking restriction be established on the south side of Prospect Street
between Drummond Road and a point of 12 metres east of Drummond Road;
and,
3. That a No Parking restriction be established on the south side of Prospect Street
between Portage Road and a point of 17 metres west of Portage Road.
Executive Summary
being currently is Road Portage Drummond Road between Street Prospect and
reconstructed to an urbanized cross-section, consisting of a curb, gutter, and curb face
sidewalk on each side of the road. The road surface will be 10.5 metres in width with a
3.5-metre-wide travel lane in each direction, and an on -street parking lane on the south
side of the road.
Background
Prospect Street is a local roadway with a straight and level alignment. Current ly, the
roadway has a width of 7.0 metres with two travel lanes and a 2.2 -metre-wide asphalt
boulevard on each side of the road. A concrete sidewalk is located on each side of the
road, with light poles present on the north side providing illumination at n ight. The road
segment has stop controls approaching both Drummond Road and Portage Road. The
section of the road also is restricted to heavy vehicle and buses.
Currently, parking is restricted on the north side of Prospect Street between Drummond
Road and a point 115 metres east of Drummond Road, between Portage Road and a
point 32 metres west of Portage Road, and between a point 32 metres west of Portage
Road and a point 181 metres west of Portage Road between 8:00 a.m. to 6:00 p.m. daily,
and on the south side of Prospect Street between Portage Road and a point 205 metres
west of Portage Road.
Page 1 of 3
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Road reconstruction is underway with substantial completion by Octo ber 2022. The
reconstructed road will have a road width of 10.5 metres with two travel lanes, each lane
is 3.5 metres width, and a designated parking lane on the south side of the road.
Analysis
Given the change in the road cross-section with the removal of the paved boulevards, it
is necessary to change the existing parking/stopping restriction on Prospect Street
accordingly. Thus, it is recommended that after the construction is completed, all existing
parking/stopping restrictions on Prospect Street be replaced by the following;
1. That a No Parking restriction be established on the north side of Prospect Street
between Drummond Road and Portage Road;
2. That a No Parking restriction be established on the south side of Prospect Street
between Drummond Road and a point of 12 metres east of Drummond Road;
and,
3. That a No Parking restriction be established on the south side of Prospect Street
between Portage Road and a point of 17 metres west of Portage Road.
The existing hydro poles will be used for the proposed signs on the north side of Prospect
Street.
Financial Implications/Budget Impact
The installation of the parking control sign is to be carried out by Municipal Works -
Transportation Services staff. It is estimated that the cost to install the signs is
approximately $1,000.
Strategic/Departmental Alignment
Encourage multi-modal travel and active transportation initiatives, and enhance motorist,
cyclist, and pedestrian safety.
List of Attachments
MW-2022-41 - Prospect Street - Parking Control Review_Study Area
Written by:
Mathew Bilodeau, Manager of Transportation Engineering
Submitted by: Status:
Erik Nickel, Director of Municipal Works Approved
- 05 Jul
2022
Jason Burgess, CAO Approved
- 05 Jul
2022
Page 2 of 3
Page 506 of 549
MW-2022-41
July 12, 2022
MW-2022-41
Prospect Street – Parking Review
ATTACHMENT 1
Proposed Parking Restriction
On-Street Parking Lane
Page 3 of 3Page 507 of 549
MW-2022-43
Report
Report to: Mayor and Council
Date: July 12, 2022
Title: Policy - Residential Meter Pit Installation
Recommendation(s)
1. That City of Niagara Falls Council approve Policy 318.14 for Residential Meter Pit
Installation.
2. That Council receive report MW-2022-43 as information.
Executive Summary
In an effort to reduce revenue losses associated with leakage on private proper ty staff
have developed Policy 318.14 for residential meter pit installation, where the distance
between the property line and the location where the water meter will be is greater than
20 metres. The goal of this policy is in accordance with City of Niagara Falls Bylaw 2016-
18 to regulate the supply and maintenance of the municipal water system.
Background
Within the serviced urban area a residential water meter is located in the home, typically
in the basement. At the property line the City owned shut off valve (curb stop) is the
delineation point between public and private infrastructure (Figure 1). Homes within the
urban serviced area are generally not set back far from the property line and thus a small
portion of water private service exists before the water meter. When staff discover a leak
on the private portion the owner is provided a 48 hour time frame to complete the repair
prior to the City shutting off the service, as this leak is before the meter and unaccounted
for.
Page 1 of 6
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Figure 1 - typical residential water service layout
Analysis
The City of Niagara Falls water distribution network services within the urban boundary
and largely within the dense urban areas, however, the new growth areas that will be
serviced have homes that are significantly set back from the property line, which creates
greater opportunities for unaccounted (unmetered) water loss to occur.
By installing a meter pit at the property line (Figure 2) any losses (theft, bypasses and/or
leakage) will be registered by the meter. This will benefit the City of Niagara Fa lls to
ensure any reduction in losses of revenue are minimized, but also through our Advanced
Metering Infrastructure staff will be able to analyze and provide data to homeowners that
may have leakage on their lengthy service that isn't surfacing and unable to be identified.
Page 2 of 6
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Figure 2 - outside water meter pit installation.
This policy is intended for any newly connected services as a result of watermain
extensions and can also be implemented for any retrofitting of services within the existing
water distribution network on a case by case basis. Policy updates such as this will be
included in a future update of the Waterworks Bylaw.
Operational Implications and Risk Analysis
Residents choosing to connect to a municipal water service will be required a pply for a
building/plumbing permit for their portion of the service installation. The meter and meter
pit will be purchased and installed at the owner or applicants’ expense.
Meter pits are prefabricated enclosures designed to protect water services in our typical
climates.
A City of Niagara Falls Meter Technician will inspect the installation of the pit and meter
to ensure the installation conforms to the standards and specifications.
Financial Implications/Budget Impact
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There is no financial implications to the installation of meter pits. For any new installations
the meter pits and meters are purchased from the City (at cost) and installed by the owner
at their expense. The installation of meter pits for residential homes with a setback
greater than 20m is expected to reduce revenue loss by capturing previously unmetered
losses as outlined in this report.
Strategic/Departmental Alignment
The implementation of this policy will modernize our current practices to encourage open
government initiatives that serve the public in the most effective and efficient manner.
List of Attachments
Residential Meter Pit Policy updated format
Written by:
Adam Allcock, Manager of Water/Wastewater
Submitted by: Status:
Erik Nickel, Director of Municipal Works Approved
- 05 Jul
2022
Jason Burgess, CAO Approved
- 05 Jul
2022
Page 4 of 6
Page 511 of 549
Department Municipal Works Division Water / Wastewater
Subject Residential Meter Pit Policy Policy # 318.14
Issue Date July 12, 2022 Revision
Date
O Policy G Procedure Page 1 of 1
Submitted by Director Erik Nickel Date July 12, 2022
Recommended by CAO
Date
O Approved by Council Report #MW-2022-43 Bylaw # Date July 12, 2022
Purpose:
This Policy is established to ensure that newly connected residential properties to the
municipal water system with buildings set back more than 20m from property line are
equipped with a meter pit, in accordance with City of Niagara Falls Bylaw 2016 -108.
Definitions
“City” means the City of Niagara Falls.
“Engineer” means the Director of Municipal Works for the City and for the purpose of exercising
any of the powers or duties of the Engineer under this Policy and shall include any employee of
the City authorized by the Engineer to exercise any such powers or duties.
“Meter” means a device installed for the purpose of measuring water supplied by the distribution
system and includes register, radio read, unitized measuring elements and other appurtenances.
“Meter Pit” means a suitable structure or chamber to house a Meter.
“Owner” means any registered Owner of land or buildings thereon, or any authorized agent,
contractor, employee, Tenant or servant representing such Owner.
"Water Service" means the pipes and fixtures located in the road allowance of any public
highway, public street, public lane, public alley or public thoroughfare and extending between the
watermain and the limit of such allowance and, including, the stopcock, service pipe, curb stop,
and post 4 and service box, used for the purpose of supplying water from the Distribution System
to any Private Water Service and Premises
Procedure
If the distance between the property line and the location where the water meter would
be located inside the building or structure is greater than 20 m the water meter will be
installed in a water meter chamber. The length of the water service is measured along
the alignment of the water service.
The meter chamber must be located with 1m of the property line.
A radial distance of 1.5m around the meter chamber should be free of any major
landscaping or objects, such as shrubs, to facilitate the future maintenance work on the
meter.
Page 5 of 6
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Department Municipal Works Division Water / Wastewater
Subject Residential Meter Pit Policy Policy # 318.14
Issue Date July 12, 2022 Revision
Date
O Policy G Procedure Page 2 of 1
Submitted by Director Erik Nickel Date July 12, 2022
Recommended by CAO
Date
O Approved by Council Report #MW-2022-43 Bylaw # Date July 12, 2022
In all possible cases, the meter and chamber installation should be off driveways or
parking areas.
Meter chambers will be prefabricated to the dimensions prescribed by the City.
Variations will be considered if the dimensions are impractical due to site conditions, but
any such variations are subject to the review and written approval of the Engineer.
The meter pit will be purchased and installed at the owner or applicants’ expense, except
as otherwise approved in writing by the Engineer.
The meter pit will be purchased from the City of Niagara Falls and installed by the owner
or applicant within seven days of receiving it from the City and will notify City of Niagara
Falls Water & Wastewater Services of the completion of the installation.
A City of Niagara Falls Meter Technician will inspect the installation to ensure the
installation conforms to the standards and specifications.
At this time, a meter will be installed, sealed, and water is turned on to the home or
building. City of Niagara Falls Building Department does not inspect whether the water
meter conforms to the standards and specifications.
Amendments and Alterations
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R&C-2022-13
Report
Report to: Mayor and Council
Date: July 12, 2022
Title: R&C Indoor Facility Allocation Policy
Recommendation(s)
That Council approve the R&C Indoor Facility Allocation Policy effective August 1, 2022.
Executive Summary
The City of Niagara Falls, Recreation & Culture has the responsibility to manage the
allocation and distribution of indoor facilities on an annua l basis to reflect utilization and
participation patterns, in addition to applying municipal, provincial, and federal directives
where required.
The City of Niagara Falls recognizes the annual tax-based contribution provided by its
residents toward the development, capital maintenance costs and operation of facilities.
Background
The R&C Indoor Facility Allocation Policy follows the same basic allocation principles as
established insurance defines Policy The (2010). the Allocation Ice in Policy
requirements, allocation and distribution guidelines for the field, and hours of operation,
seasonal timelines, utilization matrix, dedicated events, and the cancellation policy.
The Recreation Committee discussed and approved the revised Policy at their June 1 4th,
2022, meeting.
Analysis
When allocating time at the MacBain Community Centre Monday to Friday, top allocation
priority is City of Niagara Falls activities and programs for preschools, child, youth, and
older adults. Facility partners, Niagara Falls Library and Autism Niagara are second
priority followed by local youth non-profit organizations and local adult non-profit
organizations. The allocation of space will be scheduled in a fair and equitable manner to
maximize utilization and revenue opportunities.
Financial Implications/Budget Impact
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For 2022 staff budgeted $90,000 for Macbain Community Centre gym and room rentals.
The centre is currently at 83% utilization for the gym Monday to Friday daytime hours
and 78% utilization for evenings. The multi-purpose rooms have a lower level of
utilization, approximately 55% for programs and rentals. Staff are in the process of
developing fall programs and rentals for all the rental spaces.
Strategic/Departmental Alignment
The Strategic Priority of a Vibrant & Well-planned City supports an active, connected, and
creative the implement to to is, continue Key the of One community. Actions
recommendations from the 2021 Recreation, Culture and Parks Ten Year Plan.
List of Attachments
R&C-2022-13-Attachment#1 Draft Indoor Facility Allocation Policy ba
Written by:
Kathy Moldenhauer, Director of Recreation & Culture
Submitted by: Status:
Kathy Moldenhauer, Director of Recreation & Culture Approved
- 04 Jul
2022
Jason Burgess, CAO Approved
- 05 Jul
2022
Page 2 of 7
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POLICY
Recreation & Culture
Policy #:
Issue Date:
Revision Date:
INDOOR FACILITY ALLOCATION POLICY
Purpose
This policy and guidelines contained within will serve as a guide for the City of Niagara Falls
indoor facility allocation process.
The policies identified in this document establish and clarify the City’s responsibility for
gymnasium and program space allocation and administration, and the City’s commitment to the
following:
•Managing fiscally responsible facilities and operations
•Facilitating new revenue opportunities, by working closely with the hospitality sector
•Promoting Fairness, Equity and Accessibility
•Processing special event/festival rentals, one time and recurring rentals
•Providing excellence in customer service
•Promoting healthy living and access to City facilities
1. Facility Allocation Responsibility
The City of Niagara Falls, Recreation & Culture has the responsibility to manage the allocation
and distribution of indoor facilities on an annual basis to reflect utilization and participation
patterns, in addition to applying municipal, provincial, and federal directives where required.
The City of Niagara Falls recognizes the annual tax-based contribution provided by its residents
toward the development, capital maintenance costs and operation of facilities.
Rates and Fees
The City of Niagara Falls has a responsibility to provide accessible recreation and culture
facilities to the community and at the same time operating the facilities in a way that is fiscally
responsible. Facility rates and fees are reviewed annually and recommended to City Council for
approval.
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A Great City … For Generations To Come
2. General Administration
1) Forms
All applicants and users must submit all requests for permit applications, processing,
amendments, and cancellations on City approved forms.
2) Insurance Requirements for All Users
Each organization shall, at all times during which it is allocated field time in City of Niagara Falls
recreational facilities, arrange, pay for and keep in force and in effect Comprehensive General
Liability Insurance on an “occurrence” basis including personal injury, bodily injury and property
damage protecting the Corporation of the City of Niagara Falls, its elected Members of Council,
its employees, agents and contractors (hereinafter “Released Persons”) and the organization
against all claims for damage or injury including death to any person or persons, and for
damage to any property of the Released Persons or any public or private property, howsoever
caused including damage or loss by theft, breaking or malicious damage, or any other loss for
which the Released Persons or the organization may become liable resulting from the
organization’s use of field time in City of Niagara Falls. Such policy shall be written with
inclusive limits of not less than Two Million Dollars ($2,000,000), shall contain a cross liability
clause, a severability of interest clause, shall be primary without calling into contribution any
other insurance available to the Released Persons as additional insured parties. The
Corporation of the City of Niagara Falls must Be Named as Additional Insured.
The organization shall provide certificates of insurance evidencing the coverage as required
above to the Recreation & Culture Department. Upon confirmation by the Recreation & Culture
Department, which certificates shall include the obligation on the part of the issuer of the
certificates to endeavour to provide thirty (30) days written notification of cancellation to the
certificate holders. Upon expiry, documents of renewed coverage are again to be provided and
the organization will make policies available to the City for review and in the event of a claim.
3) R-Zone policy
The R-zone policy, R-2008-21 approved by City Council May 2008, promotes a positive, safe,
enjoyable, and supportive environment for all users and staff in City recreational programs and
facilities. The R stands for Respect and Responsibility, respect for yourself and others and
responsibility for your actions. The policy outlines the measures and enforcement steps for staff,
volunteers, and users to address inappropriate behaviour or violence in Recreation, & Culture
programs, City owned or leased facilities and properties.
The City of Niagara Falls is committed to ensuring the safety of users and staff in its programs,
facilities, or properties, fostering an environment where there is Respect for others, and
Responsibility for all actions. The City will exercise no tolerance to any form of violence,
vandalism or inappropriate behaviour in its programs, facilities, or properties. For more
information, please refer to the City’s website, www.niagarafalls.ca
3. Facility Allocation and Distribution
The City of Niagara Falls reserves the right to allocate the use of the facilities.
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A Great City … For Generations To Come
•Facility days and times will be allocated on historical usage to try and provide a solid
groundwork for user groups. The City will attempt to allocate user groups hours similarly
from season to season.
•Groups will be allocated the same amount of time used in the previous season for both
regular season and event bookings. If a group is to receive less time than the previous
season due to cancellations the City of Niagara Falls will determine what dates and times
the group will not be allocated.
1) Application and Confirmation Date Process
•City will accept facility requests for the spring and summer seasons beginning January
1st. Facility requests will be confirmed by February 15th.
•City will accept facility requests for the fall and winter seasons beginning April 1st. Facility
requests will be confirmed by May 15th.
2) Allocation User Priority
•First Priority: City of Niagara Falls programs and activities
•Second Priority: Community Centre tenants and partner groups
•Third Priority: Local youth community based non-profit organizations
•Fourth Priority: Local adult community based non-profit organizations
•Fifth priority: Private organizations and non-resident organizations
3) Hours of Operation
Facilities will be available to rent seven days a week. Hours of operation vary per location.
4) Allocation Meeting and Conflict resolution
Time request conflicts that arise from facility schedules will be discussed at allocation meetings
or on an individual basis should an allocation meeting not be required. These conflicts will be
brought forward to the specific groups affected for discussion and resolution with the Director of
Recreation & Culture or designate acting as mediator.
5) Administration of Special Events
The City of Niagara Falls recognizes the significant positive impacts from special events can
provide to the community. The City is committed to achieving a balance between rentals and
special events throughout the year. The City of Niagara Falls recognizes the economic and
recreational impact past events have had on our community.
•All groups charging an admission or registration fee for a special event may be required to
submit a complete financial statement at the completion of the season or special event to
the Recreation and Culture department. These financial statements should include all details
of the event, including proceeds from the sale of food, beverages and souvenirs, Failure to
submit a financial statement upon request may jeopardize the granting of future special
event permits.
•All requests and rescheduling are to be through the Recreation and Culture office.
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A Great City … For Generations To Come
6) Consideration to schedule special events
Events will be given dates as similar as possible to previous years.
•An existing group can ask for a different date for their event if that event does not conflict
with another organization’s event date.
•Staff will evaluate event requests based on the following criteria:
▪Impact on regularly scheduled programming and user group permits
▪Days and time requested
▪Economic development for the City
▪Relationship to the City
▪All criteria will be considered, and with everything being equal, priority will be given to
resident organizations.
4. Permit Amendments
1) Cancellations
The City of Niagara Falls has the right to control all space distribution for the use of City-owned
facilities for the duration of the permit. Controls must be in place to minimize the negative
impacts that unused, returned, amended, and cancelled time can have on facility operations and
its clients.
2) Transferred/ Trades/Sub-Leased times
The City of Niagara Falls is the sole permit authority for all facility times. The City must be aware
of and be able to control the intended use of all facility permits within its facilities at all times.
3) Permit Cancellation
Indoor Facility Cancellation Policy (1000.57), all events are subject to the terms and conditions
within that policy. When a rental permit has been signed, the City of Niagara Falls cancellation
policy comes into effect.
As stated in the Cancellation Policy:
•The Permit holder is responsible to contact R&C a minimum of ten calendar days in advance
to cancel the permit.
•If cancelled less than ten calendar days in advance or if the group is not present during the
rental time, a cancellation fee will be charged.
•If the organization is not present for the permitted time, their allocated time at the centre will
be reviewed.
•In the event the permit holder fails to comply with the terms of the permit the City can cancel
the permit.
4) Permit Cancellations and Rescheduling by the City of Niagara Falls
The City reserves the right to postpone, reschedule or cancel any permitted activity due to
justified circumstances. The City reserves the right to cancel a permit or portion of the permit if
there is a breach of the condition or regulations or should the City believe the facilities are not
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A Great City … For Generations To Come
being used for the purpose contained in the application. Where postponement or rescheduling
cannot be mutually coordinated, the permit holder affected will receive a full refund/credit for the
time owing.
5. General Management
1) Group Representation
For Recreation & Culture representatives to effectively serve their customers, all groups are
asked to elect no more than two representatives to serve as liaison between the Recreation &
Culture and their group. All communications between the group and the Recreation & Culture
should, always, be channeled through each group’s representatives.
2) Opening Facilities Outside of Standards Hours of Operation
The opening of facilities on statutory holidays, when they are normally closed, or beyond
established operating hours will be considered only if the applicant agrees to pay all fees,
including staff costs related to opening and pending the availability of staff. All reasonable
requests will be reviewed and responded to. Application does not guarantee approval.
Submitted By: Kathy Moldenhauer, Director
Recommended By:
Approved By Council On:
Report #: R&C-2022-15
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A Great City … For Generations To Come
PLANNING, BUILDING & DEVELOPMENT
Inter-Departmental Memo
To: Mayor James M. Diodati & Members of Council
From: Alexa Cooper, Planner II, BURPl
Date: July 12, 2022
Re: PLC-2022-011, Request for Removal of Part Lot Control
Block 99, Registered Plan 59M-484, Forestview Estates
7434-7454 Jonathan Drive (Block 99)
Mountainview Homes (Niagara) Ltd. has requested Council pass a by-law to exempt
Part Lot Control Block 99, on Registered Plan 59M-484 to transfer the ownership of on-
street townhouse dwelling units that are under construction.
Block 99 is proposed to be divided into 7 parts for 6 on-street townhouse dwelling units,
with 1 part for stormwater management purposes.
The request can be supported based on the following:
The zoning permits on-street townhouse dwellings at the proposed parcel sizes;
and,
The by-law will permit a deed to be created for each parcel containing a dwelling
unit and permit each property to be sold separately.
AC
Attach.
S:\PART LOT CONTROL\2022\PLC-2022-011 - FORESTVIEW ESTATES (BLOCK 99)\Memo to Council - PLC-2022-011.docx
Page 521 of 549
1
Heather Ruzylo
Subject:: Council Approved: Noise by-law exemption: St. George Serbian Orthodox Church
From: Bill Matson <billmatson@niagarafalls.ca>
Sent: Wednesday, June 29, 2022 11:12 AM
To: Jim Diodati <jdiodati@niagarafalls.ca>; dmateyk < Heather Ruzylo <hruzylo@niagarafalls.ca>
Subject: RE: [EXTERNAL]-Fwd: Council Approved: Noise by-law exemption: St. George Serbian Orthodox Church
Denise,
We can include your request on the July 12th Council meeting agenda for Council’s consideration and follow up with you
after the meeting.
Bill Matson | City Clerk | Director of Clerks Services | City of Niagara Falls
4310 Queen Street | Niagara Falls, ON L2E 6X5 | (905) 356-7521 ext 4342 | Fax 905-356-9083 | billmatson@niagarafalls.ca
From: Jim Diodati <jdiodati@niagarafalls.ca>
Sent: Wednesday, June 29, 2022 10:48 AM
To: dmateyk < Clerk <clerk@niagarafalls.ca>; Bill Matson <billmatson@niagarafalls.ca>; Heather Ruzylo
<hruzylo@niagarafalls.ca>
Cc: Jim Diodati <jdiodati@niagarafalls.ca>
Subject: RE: [EXTERNAL]-Fwd: Council Approved: Noise by-law exemption: St. George Serbian Orthodox Church
Thank you Denise. You have sent to Bill Matson our City Clerk and he will follow up
appropriately.
Jim
Jim Diodati | Mayor | City of Niagara Falls
4310 Queen Street | Niagara Falls, ON L2E 6X5 | 905.356.7521 X 4201 | jdiodati@niagarafalls.ca
Page 522 of 549
2
From: dmateyk <
Sent: Wednesday, June 29, 2022 9:38 AM
To: Clerk <clerk@niagarafalls.ca>
Cc: Jim Diodati <jdiodati@niagarafalls.ca>
Subject: [EXTERNAL]-Fwd: Council Approved: Noise by-law exemption: St. George Serbian Orthodox Church
Good morning Bill,
We would like an extension to the Noise By-Law Amendment for Saturday, July 30th and Saturday, September
3rd. Currently we are approved until 11:00 pm. Would it be possible to have it extended to 12:30 am (i.e. July 31 and
Sep 4)?
Your assistance is greatly appreciated.
Thank you, Denise Mateyk
President , St. George Church
Begin forwarded message:
From: dmateyk <
Subject: Fwd: Council Approved: Noise by-law exemption: St. George Serbian Orthodox Church
Date: June 29, 2022 at 9:09:24 AM EDT
To: Denise Mateyk <
Begin forwarded message:
From: Dan Kolundzic <dkolundzic@nanosresearch.com>
Subject: Fwd: Council Approved: Noise by-law exemption: St. George Serbian
Orthodox Church
Date: June 2, 2022 at 3:27:20 PM EDT
To: "" < >, Dalibor Kokir <
DK
From: Heather Ruzylo <hruzylo@niagarafalls.ca>
Sent: Thursday, June 2, 2022 2:39:29 PM
To: Dan Kolundzic <dkolundzic@nanosresearch.com>
Subject: Council Approved: Noise by-law exemption: St. George Serbian Orthodox
Church
From: Heather Ruzylo <hruzylo@niagarafalls.ca>
Sent: Thursday, June 2, 2022 2:37 PM
Page 523 of 549
3
To: 'dkolundzic@nanoresearch.com' <dkolundzic@nanoresearch.com>
Cc: Gerald Spencer <gspencer@niagarafalls.ca>; Heather Ruzylo
<hruzylo@niagarafalls.ca>
Subject: Council Approved: Noise by-law exemption: St. George Serbian Orthodox
Church
Good afternoon Dan:
Please be guided by the attached letter with the motion approved by the City of Niagara
Falls’ Council at its meeting on May 31, 2022.
Wishing you all the best with your upcoming event.
Heather
Heather Ruzylo | Clerks & Council Services Coordinator | Clerks Services | City of Niagara
Falls
4310 Queen Street | Niagara Falls, ON L2E 6X5 | (905) 356-7521 ext 4203 | Fax 905-356-9083
| hruzylo@niagarafalls.ca
We value and respect flexible work arrangements. Although I have sent this at a time that is
convenient for me, it is not my expectation that you read, respond or follow up on this email
outside of your work hours.
niagarafalls.ca
Page 524 of 549
4
The City of Niagara Falls Confidentiality Notice The information contained in this communication including any
attachments may be confidential, is intended only for the use of the recipient(s) named above, and may be legally
privileged. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination,
distribution, disclosure or copying of this communication, or any of its contents is strictly prohibited. If you have
received this communication in error, please re-send this communication to the sender and permanently delete the
original and any copy from your computer system. Thank you
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the
sender and know the content is safe.
Page 525 of 549
//
N iagarafalls
CANADA
June 2,2022
Dushan (Dan)Kolundzic
Secretary
St.George Serbian Orthodox Church —Niagara
Email:dkolundzic@nanoresearch.com
Dear Dan:
Re:Noise By-law Exemption —St.George Serbian Orthodox Church —
June 18,June 25 &June 26,July 30 &July 31,September 3
Your communication request for exemption to the City's noise by—lawfor the following
events in 2022 was passed by City Council on May 31,2022:
-St.George Serbian Orthodox Church—cultural events held on June 18,2022,
June 25 &26,2022,July 30 &31,2022 and September 3,2022.
It was ORDERED on the motion of Councillor Thomson seconded by Councillor
Pietrangelo that the request for a noise by-law exemption for the cultural events held at
the St.George Serbian Orthodox Church be approved for the dates mentioned above on
until 11 :00 PM as they host outdoor cultural concertslfestivals.
Carried Unanimously.
Good luck with your event.
If you have any questions,please contact me directly.
$6
City Clerkc.Gerald Spencer,Manager of Enforcement Services ClerksWorkingTogethertoServeOurCommunityExt4342 Fax 905-356-9083billmatson@niagarafa|ls.caPage 526 of 549
Mayor Jim Diodati and Niagara Falls City Council
Niagara Falls City Hall
4310 Queen Street
Niagara Falls, Ontario
L2E 6X5
Canada
Dear Mayor Diodati and City Council,
Re: GivingTuesday 2022 in Niagara Falls
In November, Niagarans will once again join millions of Canadians—and countless more
across the globe—in commemorating GivingTuesday, the annual day to celebrate charity,
philanthropy, and volunteerism. Niagara will come together to donate their time and money
to the causes that matter most to the most vulnerable in our community.
In 2021, we successfully requested a proclamation to officially proclaim GivingTuesday in the
City of Niagara Falls, and wish to once again see our hometown proclaim GivingTuesday,
and help us inspire the participation of Niagara Falls’ incredible residents.
Mayor Diodati and City Council, please consider our official request to have the date of
November 29, 2022 proclaimed as GivingTuesday in the City of Niagara Falls.
Josh “Yasyszcjosh” Bieuz-Yasyszczuk
Founder & Volunteer Community Director
NiagaraGives
Page 527 of 549
The Corporation of the
MUNICIPALI Y OF TWEED
255 Mctcalf St.,Postal Bag 729
Tweed,ON KOK 3J0
Tel;(613)478-2535
Fax:(613)478-6457
Email:it1fo@tvvced.ca
Website:www.tweed.ca
facebook.com/tweedontarin
July4,20225
Ministry of Agriculture,Food andRural Affairs
1 Stone Road West ‘
Guelph.ON N1G 4Y2
DearMinister:
Re:Ontario WildlifeDamageComp_ensationProgram
We arewriting to you today onbehalf of our municipalityregardingtheadministration
fees related to wildlifedamage‘claims.Thisprogram is necessary to protect our farm
‘
producers from the devastating lossesincurred when they loselivestocktopredators.
Atthe June28.2022Regular CouncilMeetingtheattached’Re‘solutionwasipassed
2
by Council..
A .
r
~.
OurCouncil's concern is the‘administrationfee paid to municipalitiesto administer
0
‘the program on the Ministry'sbehalfwhichwas recently increasedfrom $30.00 per
i claim to $50.00 per claim..
.We have recently contracted for a new Livestock Investigator resulting in the
X
following costs directly related tovvildlifeclaims:A ‘
5 HourlyRate:$25.00/hour A
Mileage Rate:.50/km 0
On the most recent invoice for this service there were three wildlife claimswith‘costs
‘as follows:«.
‘
‘
'
'
‘
1_.April 28,2022—3 hours +mileage =$95.00“
2.May 5,2022—2.5 hours49mileage =$75.00
3.May 8,2022 —-03.5hours +mileage =$120.00
There is also timespent bymunicipal staff in preparing the wildlifeclaimsfor
submission and monitoring theclaimsfor payment to the livestock owner,
This results in a losson eachwildlife claim for ourtaxpayerstobear to be able to
‘provide this necessary service "toourfarm producers.‘
l
Page 528 of 549
Ministry of Agriculture,Food and Rural Affairs
Page 2
July 4,2022
We respectfully request that the Ministry consider increasing the administration fee
on wildlife claims to help offset the increasing costs associated with Livestock
Investigation.
We look forward to hearing from you about this matter at your earliest convenience.
Yours truly,
I/
Glor Raybone,CPA,CA
CAO/Treasurer
Encl.
cc.Association of Municipalities of Ontario
Ontario Municipalities
Page 529 of 549
Municipality of Tweed Council Meeting
Council Meeting
Resolution No.
Title:Ministry of Agriculture,Food and Rural Affairs
Date:Tuesday,June 28,2022
Moved by Brian Treanor
Seconded by Jacob Palmateer
WHEREAS the Ontario Ministry of Agriculture,Food and Rural Affairs administers the Ontario Wildlife
Damage Compensation Program to provide compensation to farm producers for livestock killed by
wildlife;
‘ANDWHEREAS Ontario Municipalities administer the Program on behalf of OMAFRA by appointing a
Livestock investigator and staff to work on wildlife damage claims;
AND WHEREAS the costs associated with wildlifedamage claims typically exceed the administration
fee of $50.00 per claim as provided to the Municipality by OMAFRA;
NOW THEREFORE BE IT RESOLVED THAT the Council of the Municipality of Tweed request the
Ministry of Agriculture,Food and Rural Affairs to review the administration fee provided to
/lunicipalities for the administration of the Ontario Wildlife Damage Compensation Program:
AND FURTHER,that this Resolution be circulated to the Association of Municipalities of Ontario (AMO)
and all Ontario Municipalities for their consideration and support.
Carried
Mayor ?i,/Xi/;w4VL'
Page 530 of 549
A Great City … For Generations to Come
RECREATION & CULTURE
Inter-Departmental Memo
To: Mayor Diodati and Members of Council
From: Kathy Moldenhauer, Director of Recreation & Culture
Date: July 12, 2022
Re: Availability of Menstrual Products
Council approved R&C-2019-19 report at the September 10, 2019 Council meeting to provide
free menstrual products on a trial basis at the Gale Centre, MacBain Community Centre, and
Niagara Falls Public Library (Victoria Avenue) for individuals in need.
The products were distributed to the facilities. At the Gale Centre and MacBain Community
Centre stickers were placed in the public washrooms directing people to the facility’s front desk
to access the products. Staff received positive comments regarding the availability of this service
however few individuals have requested the products.
Feminine hygiene products were placed in bathrooms at all four Library locations - Victoria
Avenue, Stamford Centre, Community Centre and Chippawa.
At the Stamford Centre, Community Centre and Chippawa Libraries, the experiences and
feedback were positive. Staff placed containers of supplies on the counters of each bathroom at
these locations for use on a self-service, available without having to ask the staff . Products were
being used as staff needed to refill the supply at a moderate pace. At locations with gender
specific bathrooms, products were placed in both the men’s and women’s restrooms.
The Victoria Avenue Library had a unique experience. The demographics of the community at
the Victoria Avenue neighbourhood is different from other locations, and as such the program
implementation had to be adjusted. Placing supplies on the counters of the bathrooms for use
on a self-service basis proved to not work, as the containers and supplies were taken daily. After
weeks of refilling and trying, the process changed to an on-request basis at the service desk. As
was pre-pilot, customers do ask, and it is appreciated by the public and staff to have supplies to
provide. Library staff acknowledge that having to ask is a barrier they would like to remove but
have not yet found a successful solution to the situation.
City and Library staff recommend continuing this worthwhile service.
Page 531 of 549
1
Heather Ruzylo
To:Rave Religion
Subject:RE: [EXTERNAL]-Electronic Music Events - Niagara Falls
From: Rave Religion <devan@ravereligion.ca>
Sent: Tuesday, July 5, 2022 11:27 PM
To: Bill Matson <billmatson@niagarafalls.ca>; Heather Ruzylo <hruzylo@niagarafalls.ca>
Subject: RE: [EXTERNAL]-Electronic Music Events - Niagara Falls
Hi Bill,
No problem! And yes, you are correct – the playing of music will be done inside the venue, in hall C specifically. No music
will be played outside.
That being said, I’ve attached an aerial view of the NFCC. The red line in front of the venue is meant to signify the
fenced-in outdoor smoking area. I had originally planned to have the smoking area near the marquee on Stanley Ave,
but due to the distance from hall C, it just didn’t make sense.
The other option was to have the smoking area by the loading docks, close to the parking lot, but it is too close to the
residential area. The music would be coming from the venue as the exterior doors open/close. So with all that in mind,
we chose a middle ground and decided to have the smoking area in front of the NFCC main entrance. That way, the
guests will have a bit further to walk from the parking lot to the entrance, but once inside, hall C, the smoking area and
the venue exits towards the parking lots, will be much closer together.
Thank You!
Devan Lev
Electronic Music Events
President
M: +1 647 920 0240
Niagara Falls, Ontario, Canada
| www.ravereligion.ca
Confidentiality Notice: This email may contain confidential and/or private information. Any unauthorized use of the contents of any correspondence to/or from Rave
Religion is strictly prohibited and may be subject to review in accordance with Rave Religion’s Privacy & Telecommunication policies. If you have received this
email in error, immediately delete and notify sender. 2022 Rave Religion Inc. All rights reserved.
From: Bill Matson
Sent: July 5, 2022 3:49 PM
To: Rave Religion; Heather Ruzylo
Subject: RE: [EXTERNAL]-Electronic Music Events - Niagara Falls
Page 532 of 549
2
Devan,
Thank you for the confirmation on the time for the noise bylaw exemption request. Just so I am understanding this
correctly, the playing of the amplified music is all being done indoors? Is there any amplified music being played in the
outdoor smoking area?
Bill Matson | City Clerk | Director of Clerks Services | City of Niagara Falls
4310 Queen Street | Niagara Falls, ON L2E 6X5 | (905) 356-7521 ext 4342 | Fax 905-356-9083 | billmatson@niagarafalls.ca
From: Rave Religion <devan@ravereligion.ca>
Sent: Tuesday, July 5, 2022 7:28 AM
To: Bill Matson <billmatson@niagarafalls.ca>; Heather Ruzylo <hruzylo@niagarafalls.ca>
Subject: RE: [EXTERNAL]-Electronic Music Events - Niagara Falls
Hello Bill,
I apologize for the delay. There has been a lot going on, but we are finally ready to move forward with the noise by-law
exemption! I have included some of the event details below. Please let me know if you have any questions. Very excited
to proceed!
August 20 2022
Niagara Falls Convention Centre (Indoors but will have an outdoor smoking area)
10PM – 5AM
Thank You,
Devan Lev
Electronic Music Events
President
M: +1 647 920 0240
Niagara Falls, Ontario, Canada
| www.ravereligion.ca
Confidentiality Notice: This email may contain confidential and/or private information. Any unauthorized use of the contents of any correspondence to/or from Rave
Religion is strictly prohibited and may be subject to review in accordance with Rave Religion’s Privacy & Telecommunication policies. If you have received this
email in error, immediately delete and notify sender. 2022 Rave Religion Inc. All rights reserved.
From: Bill Matson
Sent: June 14, 2022 3:01 PM
To: Jim Diodati; Rave Religion; Heather Ruzylo; Serge Felicetti; Michael Warchala
Subject: RE: [EXTERNAL]-Electronic Music Events - Niagara Falls
Devan,
In order to assist with the noise by-law exemption I’m just looking for a few more details. I see that the date of the
event is August 20th, 2022 and it appears to be at the Convention Centre? If there is another location, please let me
know.
The linked image cannot be displayed. The file may have been moved, renamed, or deleted. Verify that the link points to the correct file and location.
Page 533 of 549
3
Also, could you let me know if this event is indoors or out?
Lastly, could you confirm the hours of this event as well.
Bill Matson | City Clerk | Director of Clerks Services | City of Niagara Falls
4310 Queen Street | Niagara Falls, ON L2E 6X5 | (905) 356-7521 ext 4342 | Fax 905-356-9083 | billmatson@niagarafalls.ca
From: Jim Diodati <jdiodati@niagarafalls.ca>
Sent: Tuesday, June 14, 2022 11:45 AM
To: Rave Religion <devan@ravereligion.ca>; Bill Matson <billmatson@niagarafalls.ca>; Heather Ruzylo
<hruzylo@niagarafalls.ca>; Serge Felicetti <sfelicetti@niagarafalls.ca>; Michael Warchala <mwarchala@niagarafalls.ca>
Subject: RE: [EXTERNAL]-Electronic Music Events - Niagara Falls
Dear Devan:
Thanks for reaching out. I appreciate your passion and the energy you have behind this. To
help with a few things that we can, that I read in your email, I want to connect in some of our
City Staff. First, for a noise bylaw exemption, you will need to come before Council and Bill
Matson and Heather Ruzylo are included here in our Clerk’s Office to help you with that
request. Second, you may find that our Business Development Staff are a good resource and
can share lots of great information about events/ contacts and information relevant to holding
functions in our City. Serge Felicetti and Michael Warchala are included here to follow up and
see how they can help.
Thanks for being in touch and good luck as you proceed.
Jim
Jim Diodati | Mayor | City of Niagara Falls
4310 Queen Street | Niagara Falls, ON L2E 6X5 | 905.356.7521 X 4201 | jdiodati@niagarafalls.ca
The linked image cannot be displayed. The file may have been moved, renamed, or deleted. Verify that the link points to the correct file and location.
Page 534 of 549
4
From: Rave Religion <devan@ravereligion.ca>
Sent: Monday, June 13, 2022 5:11 PM
To: Jim Diodati <jdiodati@niagarafalls.ca>; Wayne Campbell <wcampbell@niagarafalls.ca>; Carolynn Ioannoni
<ioannoni@niagarafalls.ca>; Vince Kerrio <vkerrio@niagarafalls.ca>; Lori Lococo <llococo@niagarafalls.ca>; Victor
Pietrangelo <vpietrangelo@niagarafalls.ca>; Mike Strange <mstrange@niagarafalls.ca>; Wayne Thomson Fallview
Account <wthomson@fallsviewgroup.com>; Bill Matson <billmatson@niagarafalls.ca>; Michael Warchala
<mwarchala@niagarafalls.ca>; Chris Dabrowski <cdabrowski@niagarafalls.ca>
Subject: [EXTERNAL]-Electronic Music Events - Niagara Falls
Hello Everyone!
My name is Devan Lev and I wanted to introduce myself and my new business. Rave Religion is a new company that will
be organizing electronic music events with well-known international DJs, based out of Niagara Falls.
Let me give you some context. I have been living in the Niagara region since 2017, working as a Power Engineer at the
local Solvay/Cytec chemical plant. Aside from the daily grind and responsibilities, I’m passionate about going to
electronic music events, along with many people that I’ve met since moving to the area. Unfortunately, there isn’t, and
hasn’t been, much going on here in the electronic music scene. Anyone wanting to attend these events, or even just
afterhours nightlife, is generally required to travel to Toronto. A lot of people are tired of traveling there. Personally
speaking, I can tell you that I’ve spent lots of money over the past few years going to these shows, except during the
lockdowns. And I know many people that have been doing the same. Funny enough, we even have a few homegrown
electronic music stars such as Deadmau5 and Rezz, but nothing to really showcase the music here.
Coming out of the lockdown, I knew it was time for a change. Everyone wants to go out, especially after the last few
years of dealing with the pandemic. In addition to all the electronic music fans already living locally, many more have
been continuing to move here. With all the new homes being built and the population increasing, people need things to
do. Tourists and locals both want late night entertainment other than the casinos. I want to reverse that flow of people
going from here to Toronto, to attend these events. I want to bring electronic music events to Niagara and make more
people want to come here. This also just happens to coincide with the city’s initiative to make Niagara Falls the music
capital of Canada. Kind of a crazy coincidence!
Rave Religion is a Niagara based business that will continue to enhance the electronic music event scene here. I want to
promote and invest in Niagara Falls, while continuing to push the boundaries for new and unique events, drawing
people in from around the globe. There are so many incredible opportunities here that have not been done before. The
idea is to organize all kinds of events, including big, small, indoor, outdoor, public, private invite-only, regularly held
events, special events, music festivals, and collaborations with other local industries to showcase what they have to
offer under a different light – kind of like the Grape & Wine Festival. These events will draw people from all over
Niagara, Hamilton, Toronto, Buffalo and more, attracting big names and big money.
Part of the plan is to collaborate and develop strategic partnerships with other quality local businesses for events and for
providing exclusive promotions and deals to potential customers as an incentive to visit Niagara. For example, packages
may include a hotel room, discounted prices for attractions and maybe a small casino allowance or something similar. All
talent accommodations, especially for the big international headliners, are required to have a 5-star rating, so I will only
be reaching out to the 5-star hotels here. Additionally, I will be taking on a little bit of a tour guide role with the
international talent – accommodations, dinners/restaurants and maybe some attractions. I want to show everyone a
great, memorable experience, so that all of these big international DJs want to come play in Niagara.
Page 535 of 549
5
Our first event is scheduled for August 20 at the Niagara Falls Convention Centre, with the big headlining talent being
flown in from Europe. This opening event will have a maximum capacity of about 2000 people and will be advertised to
thousands of people via social media, local tourism organizations and other partnerships. Both the AGCO and the
Niagara Regional Police District 2 have confirmed that they are fine with the operating hours of 10PM – 5AM. The AGCO
said that under the current license, liquor sales must end at 2AM and all alcoholic drinks/empty bottles must be
disposed of by 2:45AM. An AGCO inspector will most likely be dropping by on the night of the event. Additionally, I will
soon need to apply for a noise by-law exemption permit from the city, with help from the Niagara Falls Convention
Centre. From my understanding, since there are residential neighborhoods nearby, the NFCC will also be notifying those
households of the event via flyers/notices on their front doors. I also plan to get support from the Fallsview BIA, even if
it is not technically required since the NFCC is owned by the city.
As an event organizer, it is my job to play the devil’s advocate role to ensure everybody’s safety and wellbeing – “hope
for the best, plan for the worst”. With all that being said, I’m looking to go above and beyond the m inimum expectations
and take any necessary precautions. Due to some recent events like the senseless shooting on Clifton Hill or what
happened in Buffalo, I want to increase the security measures. Some of these measures include searches upon entry
with metal wanding/detectors, bag checks and pat downs, along with controlled entry into the venue. A police presence
outside of the venue during the event is also planned. More information about our policies can be found on our website
www.ravereligion.ca.
Another concern of mine is the real, but taboo, subject of drug related injuries. The health and safety of everyone is a
top priority and I absolutely don’t want anyone to get hurt at these events. While we will be searching guests upon entry
and have a zero tolerance policy for illicit substances, I recognize that it is impossible to catch everything. Some people
may even use those substances before entering the venue, only to have reactions once inside. From overdoses to
contamination (Fentanyl), the potential for harm is real, despite our best efforts to prohibit possession and
consumption. With that in mind, I wanted to speak to you all about city support for a harm reduction program. Harm
reduction programs exist in Toronto and serve by educating the public about drug dangers, providing drug test kits as
well as being trained and familiar with the effects of drugs. While we will have medical staff on-site for the event, they
are not specifically trained on drug dangers. The harm reduction staff are like a middle ground between guests and
medical staff. I want to reduce the chances of anyone being hurt or injured, as much as possible, while doing what is in
the best interest of the general public and our guests.
Using what happened at the Toronto Veld Music Festival in 2014 as a case study, I am hoping to avoid similar incidents
and ensure that everyone gets home safely. I have attached a few links for you all to read.
Mammoliti blames Veld festival deaths on promoters, 2 councillors | The Star
Mammoliti retracts statement blaming organizer for deaths at music festival | The Star
Veld Music Festival deaths were accidental: police | CBC News
Also, here is a link to a preferred harm reduction program that specifically deals with music events and festivals. It is
called the TRIP! Project, based out of Toronto. I am trying to have them present at the August 20 th event.
About Us | TRIP! Project (tripproject.ca)
Electronic music is huge and has been continuing to grow. This year, a new Juno award category was added - Juno Award
for Underground Dance Single of the Year. Rave Religion events would focus on House, Techno, Trance, DnB/Jungle and
Bass/Dubstep music genres. A majority of electronic music, especially rave type music, has no or very little lyrics. This
music is very popular, especially with the younger crowd, without promoting any violent or offensive narratives, unlike
some other popular music genres. Personally speaking, now that I have a 2 year old daughter, I’m a bit concerned with
some of the other music genres and their lyrics. Funny how things change as we get older. For me, this isn’t a concern
with electronic music. Raves are all inclusive and generally go with the acronym PLUR – Peace, Love, Unity & Respect. In
Page 536 of 549
6
other words, they are dance parties full of people passionate about the music, in contrast to the typical music, crowds
and violence associated with nightclubs.
If the August 20 opening event is successful, I can promise you that I will be pursuing bigger and better event
opportunities, changing the electronic music scene in Niagara. I am very passionate and driven to make this happen,
literally working around the clock and giving this venture my full attention. Let’s make Niagara Falls world famous for
electronic music events! I look forward to hearing from you and discussing value added solutions.
Thank you,
Devan Lev
Electronic Music Events
President
M: +1 647 920 0240
Niagara Falls, Ontario, Canada
| www.ravereligion.ca
Confidentiality Notice: This email may contain confidential and/or private information. Any unauthorized use of the contents of any correspondence to/or from Rave
Religion is strictly prohibited and may be subject to review in accordance with Rave Religion’s Privacy & Telecommunication policies. If you have received this
email in error, immediately delete and notify sender. 2022 Rave Religion Inc. All rights reserved.
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the
sender and know the content is safe.
The linked image cannot be displayed. The file may have been moved, renamed, or deleted. Verify that the link points to the correct file and location.
The linked image cannot be displayed. The file may have been moved, renamed, or deleted. Verify that the link points to the correct file and location.
The linked image cannot be displayed. The file may have been moved, renamed, or deleted. Verify that the link points to the correct file and location.
The linked image cannot be displayed. The file may have been moved, renamed, or deleted. Verify that the link points to the correct file and location.
Page 537 of 549
Page 538 of 549
The City of Niagara Falls, Ontario
Resolution
No. 9
Moved by:
Seconded by
WHEREAS subsection 34(13) of the Planning Act, 1990 R.S.O requires written notice of
the public meeting to be given to prescribed persons and public bodies, in the
prescribed manner, and accompanied by the prescribed information; and
WHEREAS Council held a public meeting on March 22, 2022 to consider a Zoning By-
law amendment application by Fugiel International Group Inc. (“the applicant”) for lands
known as 5613, 5631-5633 Victoria Avenue (“applicant’s lands); and
WHEREAS notwithstanding the requirement for the written notice of a public meeting,
subsection 34(17) of the Planning Act , 1990 R.S.O allows a municipality to deem such
requested changes minor and determine that no further notice is required to be given
and by passing a resolution; and
WHEREAS the applicant requests Council consider passing a resolution that would
deem the giving of further notice is final and that no further notice is required to be
given; and
THEREFORE BE IT RESOLVED that subject to subsection 34(17) of the Planning Act,
1990 R.S.O Council deems the change in the zoning by-law amendment application
minor and exempts the requirement for further written notice.
AND The Seal of the Corporation be hereto affixed.
........................................................... .............................................................
WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR
Page 539 of 549
THE CORPORATION OF THE CITY OF NIAGARA FALLS
BY-LAW
Number 2022 - XX
A by-law to amend By-law No. 89-2000, being a
by-law to regulate parking and traffic on City
Roads. (Parking Prohibited)
---------------------------------------------------------------
The Council of the Corporation of the City of Niagara Falls hereby ENACTS as follows:
a) by removing from the specified column of Schedule C thereto the following item:
PARKING PROHIBITED
COLUMN 1
HIGHWAY
COLUMN 2
SIDE
COLUMN 3
BETWEEN
COLUMN 4
TIMES/DAYS
Cummington Sq. W West A point 29 m north of Main
St. and a point 35 m north of
Main St.
At All Times
Except By Accessible Permit
b) by adding to the specified column of Schedule C thereto the following item:
PARKING PROHIBITED
COLUMN 1
HIGHWAY
COLUMN 2
SIDE
COLUMN 3
BETWEEN
COLUMN 4
TIMES/DAYS
Cummington Sq. W West A point 59 m north of Main
St. and a point 65 m north of
Main St.
At All Times
Except By Accessible Permit
Page 540 of 549
This By-law shall come into force when the appropriate signs are installed.
Passed this twelfth of July, 2022.
............................................................... ...........................................................
WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR
First Reading: July 12, 2022
Second Reading: July 12, 2022
Third Reading: July 12, 2022
Page 541 of 549
THE CORPORATION OF THE CITY OF NIAGARA FALLS
BY-LAW
Number 2022 -
A by-law to amend By-law No. 89-2000, being a
by-law to regulate parking and traffic on City
Roads. (Parking Meter Zone, Metered Parking Main
Street BIA, Parking Prohibited, Designated Lanes)
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The Council of the Corporation of the City of Niagara Falls hereby ENACTS as follows:
1. By-law No. 89-2000, as amended, is hereby further amended
(a) by removing from the specified columns of Schedule G thereto the following items:
PARKING METER ZONES
COLUMN 1
HIGHWAY
COLUMN 2
SIDE
COLUMN 3
BETWEEN
COLUMN 4
FEES
COLUMN 5
MAXIMUM
HOURS
COLUMN 6
TIMES/DAYS
Main St.
East
Peer St. and
Summer St.
Min hourly $0.50
Min daily $4.00
Max hourly $5.00
Max daily $20.00
Max event $40.00
Max duration as
displayed on the
parking meter,
Pay & Display
machine or pay
by phone
parking app
9:00 a.m. to
5:00 p.m.
Except Sat.,
Sun. and Hol.
Main St.
Both
North St. and
Summer St.
Min hourly $0.50
Min daily $4.00
Max hourly $5.00
Max daily $20.00
Max event $40.00
Max duration as
displayed on the
parking meter,
Pay & Display
machine or pay
by phone
parking app
8:00 a.m. to
10:00 p.m. Daily
Page 542 of 549
(b) by adding to the specified columns of Schedule G thereto the following items:
PARKING METER ZONES
COLUMN 1
HIGHWAY
COLUMN 2
SIDE
COLUMN 3
BETWEEN
COLUMN 4
FEES
COLUMN 5
MAXIMUM
HOURS
COLUMN 6
TIMES/DAYS
Main St.
East
Peer St. and
Lundy’s Ln. /
Ferry St.
Min hourly $0.50
Min daily $4.00
Max hourly $5.00
Max daily $20.00
Max event $40.00
Max duration as
displayed on the
parking meter,
Pay & Display
machine or pay
by phone
parking app
9:00 a.m. to
5:00 p.m.
Except Sat.,
Sun. and Hol.
Main St.
West
A point 37 m
north of
Summer St.
and a point 75
m south of
North St.
Min hourly $0.50
Min daily $4.00
Max hourly $5.00
Max daily $20.00
Max event $40.00
Max duration as
displayed on the
parking meter,
Pay & Display
machine or pay
by phone
parking app
8:00 a.m. to
10:00 p.m. Daily
Main St.
West
A point 40 m
south of North
St. and a
point 20 m
south of North
St.
Min hourly $0.50
Min daily $4.00
Max hourly $5.00
Max daily $20.00
Max event $40.00
Max duration as
displayed on the
parking meter,
Pay & Display
machine or pay
by phone
parking app
8:00 a.m. to
10:00 p.m. Daily
(c) by removing from the specified columns of Schedule G3 thereto the following items:
METERED PARKING MAIN STREET BIA
COLUMN 1
LOCATION
COLUMN 2
AREA
COLUMN 3
FROM
COLUMN 4
TO
Main St. east side s/e corner Summer St. n/e corner Robinson
St.
(d) by adding to the specified columns of Schedule G3 thereto the following items:
METERED PARKING MAIN STREET BIA
COLUMN 1
LOCATION
COLUMN 2
AREA
COLUMN 3
FROM
COLUMN 4
TO
Main St. east side s/e corner Lundy’s Ln. / Ferry St. n/e corner Robinson
St.
Page 543 of 549
(e) by removing from the specified columns of Schedule C thereto the following items:
PARKING PROHIBITED
COLUMN 1
HIGHWAY
COLUMN 2
SIDE
COLUMN 3
BETWEEN
COLUMN 4
TIMES/DAYS
Main St. East A point 52 m north of Ferry St. and a point
68 m north of Ferry St.
At All Times
Main St. East A point 81 m north of Ferry St. and a point
27 m north of Summer St.
At All Times
Main St. East A point 97 m north of Summer St. and
North St.
At All Times
(f) by adding to the specified columns of Schedule C thereto the following items:
PARKING PROHIBITED
COLUMN 1
HIGHWAY
COLUMN 2
SIDE
COLUMN 3
BETWEEN
COLUMN 4
TIMES/DAYS
Main St. East A point 52 m north of Ferry St. and a point
15 m south of Summer St.
At All Times
Main St. East Summer St. and North St. At All Times
(g) by adding to the specified columns of Schedule U thereto the following items:
DESIGNATED LANES
COLUMN 1
HIGHWAY
COLUMN 2
BETWEEN
COLUMN 3
DESIGNATED LANE
COLUMN 4
TIMES/DAYS
COLUMN 5
DIRECTION
Main St. Lundy’s Ln. /
Ferry St. and
North St.
1.5 m curb lane for cyclists
only
At All Times Northbound
Main St. Lundy’s Ln. /
Ferry St. and
North St.
1.5 m lane for cyclists only At All Times Southbound
Page 544 of 549
This By-law shall come into force when the appropriate signs are installed.
Passed this twelfth day of July, 2022.
............................................................... ...........................................................
WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR
First Reading: July 12, 2022
Second Reading: July 12, 2022
Third Reading: July 12, 2022
Page 545 of 549
CITY OF NIAGARA FALLS
By-law No. 2022 -
A by-law to designate Block 99, Registered Plan 59M-484, not to be subject to part-lot
control (PLC-2022-011).
WHEREAS subsection 50(7) of the Planning Act, R.S.O. 1990, provides, in part, that the
council of a local municipality may by by-law designate lands that would otherwise be
subject to part-lot control, not be subject to such part-lot control;
AND WHEREAS such by-laws are required under subsection 50(7.1) of the Planning Act
to be approved by the appropriate approval authority, that being the Regional Municipality
of Niagara as per subsection 51(5) of the Planning Act, subsequently delegated to the
City of Niagara Falls by Regional Municipality of Niagara By-law No. 8819-97;
AND WHEREAS the said lands are zoned by By-law No. 79-200, as amended by By-law
No. 2019-003, to permit on-street townhouse dwellings;
AND WHEREAS the owner of the said lands proposes to divide Block 99 into 6 parcels
for 6 on-street townhouse units to be sold separately;
AND WHEREAS the Council of The Corporation of the City of Niagara Falls deems it
expedient to designate that the said lands not be subject to part-lot control.
THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS
AS FOLLOWS:
1. That subsection 50(5) of the Planning Act, R.S.O. 1990, not apply to Block 99,
Registered Plan 59M-484, in the City of Niagara Falls, in the Regional Municipality
of Niagara.
2. This by-law shall remain in full force and effect for two years from the date of
passage of this by-law, after which time this by-law shall expire and be deemed to
be repealed and of no effect.
Read a First, Second and Third time; passed, signed and sealed in open Council
this 12th day of July, 2022.
........................................................... .............................................................
WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR
S:\PART LOT CONTROL\2022\PLC-2022-011 - FORESTVIEW ESTATES (BLOCK 99)\5. By-law\By-law - PLC-2022-011.docx
Page 546 of 549
CITY OF NIAGARA FALLS
By-law No. 2022 -
A by-law to amend By-law No. 2002-081, being a by-law to appoint City employees,
agents and third parties for the enforcement of provincial or municipal by-laws.
THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS
AS FOLLOWS:
1 . By-law No. 2002-081 is amended by deleting Schedule “C” and that Schedule “C”
attached hereto shall be inserted in lieu thereof.
Read a first, second, third time and passed.
Signed and sealed in open Council on this 12th day of July, 2022.
............................................................... ...........................................................
WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR
Page 547 of 549
SCHEDULE “C”
1. Parking By-law Enforcement Officers:
Paul Brown
Marianne Catherwood
Bill Crowder
Jesse de Smit
Stew Frerotte
John Garvie
Douglas Goodings
Cathy Hanson
Jay Modi
Marcella Monte
Ashley Piercey
Liam Raymond
Philip Rudachuk
Morgan Sereeira
Thomas Tavender
Page 548 of 549
CITY OF NIAGARA FALLS
By-law No. 2022 –
A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the
12th day of July, 2022.
WHEREAS it is deemed desirable and expedient that the actions and proceedings of
Council as herein set forth be adopted, ratified and confirmed by by-law.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF
NIAGARA FALLS ENACTS AS FOLLOWS:
1. The actions of the Council at its meeting held on the 12th day of July, 2022 including
all motions, resolutions and other actions taken by the Council at its said meeting,
are hereby adopted, ratified and confirmed as if they were expressly embodied in
this by-law, except where the prior approval of the Ontario Municipal Board or other
authority is by law required or any action required by law to be taken by resolution.
2. Where no individual by-law has been or is passed with respect to the taking of any
action authorized in or with respect to the exercise of any powers by the Council,
then this by-law shall be deemed for all purposes to be the by-law required for
approving, authorizing and taking of any action authorized therein or thereby, or
required for the exercise of any powers thereon by the Council.
3. The Mayor and the proper officers of the Corporation of the City of Niagara Falls
are hereby authorized and directed to do all things necessary to give effect to the
said actions of the Council or to obtain approvals where required, and, except
where otherwise provided, the Mayor and the Clerk are hereby authorized and
directed to execute all documents arising therefrom and necessary on behalf of
the Corporation of the City of Niagara Falls and t o affix thereto the corporate seal
of the Corporation of the City of Niagara Falls.
Read a first, second, third time and passed.
Signed and sealed in open Council this 12th day of July, 2022.
.............................................................. .............................................................
BILL MATSON, CITY CLERK JAMES M. DIODATI, MAYOR
Page 549 of 549