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HomeMy WebLinkAbout08-09-2022 AGENDA City Council Meeting 1:00 PM - Tuesday, August 9, 2022 Council Chambers/Zoom App Page 1. IN CAMERA SESSION OF COUNCIL 1.1. Resolution to go In-Camera (added) August 9, 2022 - Resolution to go In-Camera 32 2. CALL TO ORDER O Canada: Performed by 7 local musical talents (recorded version) Land Acknowledgement and Traditional Indigenous Meeting Opening 3. ADOPTION OF MINUTES 3.1. Council Minutes of July 12, 2022 Minutes - City Council - 12 Jul 2022 - Pdf 33 - 47 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 All speakers are reminded that they have a maximum of 5 minutes to make their presentation. 6.1. Parkway Fire Rescue Recipient Deputy Fire Chief Ken Henry will make a presentation of a Fire Chief's Coin to Maggie Letourneau, for demonstrating an act of bravery on July 13, 2022. 6.2. Vacation Rental Units (VRUs) Page 1 of 1156 Gerald Spencer, Manager of Municipal Enforcement Services, will provide Council with a brief presentation pertaining to the strategy to enforce by-laws related to illegal Vacation Rental Units (VRUs). 7. PLANNING MATTERS 7.1. PBD-2022-55 (Comments added) AM-2022-010 and 26CD-11-2022-005 Zoning By-law Amendment and a Draft Plan of Vacant Land Condominium Roll # 270506001402150, 5610, & 5630 Dorchester Road Applicant: Loyalist Crossing Development Inc. Agent: Peter Lesdow Alexa Cooper, Planner 2, will provide an overview of the report PBD-2022-55. Recommendations: 1. That Council approve the Zoning By-law amendment application to rezone the lands to a site specific Residential Low Density, Grouped Multiple Dwellings (R4), to permit 80 townhouse dwelling units. 2. That the Plan of Vacant Land Condominium be draft approved subject to the conditions in 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 granted by Council; and, 6. That the Mayor and City Clerk be authorized to execute the Condominium Agreement and any required documents to allow for the future registration of the condominium when all matters are addressed to the satisfaction of the City Solicitor. PBD-2022-55 - AM-2022-010 and 26CD-11-2022-005Zoning By- law Amendment and a Draft Plan of Vacant Land Condominium Roll # 270506001402150, 5610, & 56 - Pdf 48 - 90 Page 2 of 1156 Presentation - Staff - PBD-2022-55 - AM-2022-010 - 5610 & 5630 Dorchester AM-2022-010 - Comments from Residents (Merged) (Redacted) 7.2. PBD-2022-63 AM-2022-014, Zoning By-law Amendment Application 5528 Ferry Street To permit the mixed-use development of Building A at a height of 16 storeys and 57 metres providing 168 apartment dwelling units and Building B at a height of 14 storeys and 48 metres providing 286 apartment dwelling units; no changes are proposed for Building C Applicant: La Pue International Inc. (Pawel Fugiel) Agent: ACK Architects (Michael Allen) Julie Hannah, Planner 2, will provide an overview of the report PBD-2022-63. Recommendations: 1. That Council approve the Zoning By-law amendment as detailed in this report to permit the mixed use development of Building A at a height of 16 storeys and 57 metres providing 168 apartment dwelling units and Building B at a height of 14 storeys and 48 metres providing 286 apartment dwelling units, subject to the regulations outlined in this report, and with respect to parking such that: a. 15 parking spaces for car share are provided dispersed equally between the 3 buildings; and, b. the provision of indoor secured bicycle parking with allowance for storage of at least 1 bicycle per unit; and, c. the insertion of clauses in the amended site plan/condominium agreements that the applicant/owner provides a 10-ride transit pass for each of the 889 dwelling units. 2. That the amending zoning by-law include a Holding (H) provision to require a wind study for Buildings A and B to the satisfaction of the City unless a satisfactory wind study is submitted and approved by Staff prior to the amending zoning by-law being presented to Council for approval. PBD-2022-63 - AM-2022-014, Zoning By-law Amendment Application5528 Ferry Street To permit the mixed-use development of Building A at a height of 16 - Pdf 91 - 130 Page 3 of 1156 Presentation - Staff - PBD-2022-63 - AM-2022-014 5528 Ferry Street FINAL Presentation - Applicant - PBD-2022-63 -AM-2022-014 - 5528 Ferry Street 7.3. PBD-2022-62 AM-2022-016 Official Plan and Zoning By-law Amendment Application Bailey Avenue, at the eastern terminus of Avery Boulevard Part of Lot 15, Broken Front Concession, Niagara River, Part 1 59R-16038 To apply a Special Policy Area designation to a portion of the property, and to zone a portion of the lands a site specific Rural zone under Zoning By-law No. 395, 1966 (Willoughby) to permit the severance of three 0.5 hectares parcels of land Applicant: 800460 Ontario Limited (Eric Henry) Agent: Matt Kernahan (Upper Canada Consultants) Julie Hannah, Planner 2, will provide an overview of the report PBD-2022-62. That Council approve the Official Plan and Zoning By-law amendments as detailed in this report to apply a Special Policy Area designation to a portion of the property and to zone a portion of the lands a site specific Rural zone under Zoning By -law No. 395, 1966 (Willoughby), subject to the regulations outlined in this report, to permit the severance of three 0.5 hectares parcels of land. PBD-2022-62 - AM-2022-016Official Plan and Zoning By-law Amendment ApplicationBailey Avenue, at the eastern terminus of Avery Boulevard Part of Lot - Pdf Presentation - Staff - PBD-2022-62 -AM-2022-016 Bailey Ave PID 273392 AM-2022-016 - Comments from residents (Merged)_Redacted 131 - 151 7.4. PBD-2022-61 (Presentation from consultant added) City Initiated Amendments to the Official Plan and Zoning By-laws 395 and 79-200 for new Employment Policies Kelly Martel, from Dillon Consulting, will give a brief presentation to Council. 152 - 299 Page 4 of 1156 Recommendations: 1. That Council receive the public input presented at the second Public Meeting and the modification of policies as requested by Niagara Region. 2. That Staff forward the draft Official Plan Amendment #147 and the draft zoning by-law amendments to By-law 79-200 and By-law 395, with any required modifications, to a future Council meeting for adoption. 3. That once adopted, the Official Plan Amendm ent #147 be forwarded to the Region for approval. PBD-2022-61 - City Initiated Amendments to the Official Plan and Zoning By-laws 395 and 79-200 for new Employment Policies - Pdf OPA#147 & AM-2021-013 - Comments (merged) (redacted) Presentation (Consultant) Niagara Falls Employment- OPA ZBA Recommendation Meting presentation- August 4 2022 7.5. PBD-2022-056 AM-2021-021, Official Plan and Zoning By-law Amendment Application McLeoad Road, East of Alex Avenue (PIN: 644430357) Proposal: 55 Townhouse & 88 Apartment (Stacked Townhouse) Dwelling Units Applicant: 2737826 Ontario Inc. (Avondale Homes, represented by Arshpreet Sekhon) Recommendations: 1. That Council approve the Official Plan amendment to place a Special Policy Area on the land to designate the land Residential with a maximum density of 75 UPH; 2. That Council approve the Zoning By-law amendment application to rezone the land a site specific Residential Low Density, Grouped Multiple Dwellings (R4) zone to permit the construction of 55 townhouse and 88 apartment (stacked townhouse) dwelling units, for a total of 143 units; and, 3. That Council repeal By-law 2001-132 from the subject lands. PBD-2022-56 - PBD-2022-056AM-2021-021, Official Plan and Zoning By-law Amendment ApplicationMcLeoad Road, East of Alex Avenue (PIN: 644430357)Propo - Pdf 300 - 319 Page 5 of 1156 Presentation - Staff - PBD-2022-56- - AM-2021-021 S of McLeod Rd & E of Alex Ave 7.6. PBD-2022-64 AM-2022-005 Official Plan and Zoning By-law Amendment Application North-east corner of McLeod Road and Kalar Road Being Part 1, 59R-17155, Part of Stamford Township Lot 170 To permit 12 and 13 storey apartment buildings with 483 dwelling units and protect Significant Woodland and Provincially Significant Wetland (PSW) Applicant: The Butera Group Agent: Matt Kernahan (Upper Canada Consultants) Julie Hannah, Planner 2, will provide an overview of the report PBD-2022-64. Recommendation: That Council approve the Official Plan and Zoning By-law amendments as detailed in this report for 12 and 13 storey apartment buildings on the subject lands, in part, and the protection of Significant Woodland and Provincially Significant Wetland (PSW), in part, subject to the regulat ions outlined in this report. PBD-2022-64 - AM-2022-005 Official Plan and Zoning By-law Amendment ApplicationNorth-east corner of McLeod Road and Kalar RoadBeing Part 1, 59R-171 - Pdf Presentation - Staff - PBD-2022-64 - AM-2022-005 McLeod Road and Kalar Road (NE corner) AM-2022-005 -Comments from residents (Merged)_Redacted 320 - 352 7.7. PBD-2022-67 AM-2021-014, Official Plan and Zoning By-law Amendment Application 6880 Stanley Avenue To permit the development of a podium with a height of 3-5 storeys and 24 metres for tourist commercial uses, a mixed use building with a height of 45 storeys and 190 metres, a mixed use building with a height of 60 storeys and 225 metres, and a residential building with a height of 39 storeys and 145 metres, and to permit vacation rental units as apartment dwelling units. 353 - 423 Page 6 of 1156 Applicant: 2676555 Ontario Ltd., 2676557 Ontario Ltd., and 2676562 Ontario Ltd. Agent: 3Bridges Properties (Group) Corp. Inc. (Reg Coates) Julie Hannah, Planner 2, will provide an overview of the report PBD-2022-67. 1. That Council approve the Official Plan and Zoning By -law amendment as detailed in this report to permit a podium with a height of 3-5 storeys and 24 metres for tourist commercial uses, a mixed use building with a height of 45 storeys and 190 metres, a mixed use building with a height of 60 storeys and 225 metres, and a residential building with a height of 39 storeys and 145 metres, and to permit vacation rental units as apartment dwelling units, subject to the regulations outlined in this report. 2. That the amending zoning by-law include a Holding (H) provision to require an updated wind study unless a satisfactory updated wind study is submitted and approved by Staff prior to the amending zoning by -law being presented to Council for approval. 3. That the site plan/condominium agreement include clause(s) that addresses any offsite servicing capacity issues at the sole cost to the development should the Development wish to advance ahead of any collective growth capacity infrastructure initiatives. 4. That the passage of the amending by -laws be conditional on the execution of a amendment to the existing Section 37 agreements to secure capital facilities contribution based on 5% of the construction value of the net floor areas above 30 storeys. PBD-2022-67 - AM-2021-014, Official Plan and Zoning By-law Amendment Application6880 Stanley Avenue To permit the development of a podium with a hei - Pdf Presentation - Staff - PBD-2022-67 - AM-2021-014 6880 Stanley FINAL Presentation - Applicant - AM-2021-014 - 6880 Stanley The Great Falls_PM 7.8. PBD-2022-60 (Report and presentation added) 424 - 463 Page 7 of 1156 Statutory Public Meeting Report Official Plan Amendment 149 Housing Policies Kelly Martel, from Dillon Consulting, will give a brief presentation to introduce the housing amendment. Recommendations: 1. That Council receive the public input presented at the Public Meeting. 2. That Staff consider this public input and bring forward Official Plan Amendment 149: Housing Policies to a future meeting of Council for adoption. PBD-2022-60 - PBD-2022-60Statutory Public Meeting and Final Recommendation Report Official Plan Amendment 149 Housing Policies - Pdf Presentation - (Consultant) Niagara Falls Housing Strategy- OPA Council Meeting- August 4 2022 8. REPORTS 8.1. CLK-2022-15 Fee Waiver Application - Niagara Falls International Marathon Inc. Recommendations: That Council approve the Fee Waiver Application for: 1) Niagara Falls International Marathon - in the amount of $11,000.00, to waive the fees associated with the road closure costs (staffing and equipment) and for the charter fees for the transit vehicle request. 2) That Council acknowledge the out of budget expenditure (if approved, the fee waiver budget would be over-budget by $26,524.86) and to have Staff find a positive variance to help fund this budgetary overrun. CLK-2022-15 - Fee Waiver Application - Niagara Falls International Marathon - Pdf 464 - 471 8.2. F-2022-31 Policies relating to sections 26.1 and 26.2 of the Development Charges Act, 1997, S.O. 1997, c. 27 472 - 487 Page 8 of 1156 Recommendation: That Council adopt a policy regarding the timing of development charge calculation, installment payments, and interest accrual on development charge payments for the purposes of sections 26.1 and 26.2 of the Development Charges Act in the form attached at Appendix 1 of this report. F-2022-31 - Policies relating to sections 26.1 and 26.2 of the Development Charges Act, 1997, S.O. 1997, c. 27 - Pdf 8.3. F-2022-41 2021 Water & Wastewater Budget to Actual Variance (unaudited) Recommendation: 1. That the 2021 Water & Wastewater Budget to Actual Variance report for the year ended December 31, 2021 be RECEIVED. F-2022-41 - 2021 Water & Wastewater Budget to Actual Variance (unaudited) - Pdf 488 - 500 8.4. L-2022-05 Declare Surplus of Lands Park Street Road Allowance rear of 4650-4662 Bridge Street Recommendations: 1. That in the event Council determines that it is in the public interest to do so, that the Park Street road allowance (located at the rear of 4650-4662 Bridge Street), hereinafter referred to as the "Subject Lands", as shown in blue on the attached map as Schedule "A", be permanently closed and declared surplus to the City's needs. 2. That any sale of the Subject Lands be conditional upon the lands being merged in title with the abutting lands. 3. That the Mayor and City Clerk and City Solicitor, be authorized to take whatever steps necessary and sign whatever documents are required to carry out Recommendations 1 and 2 above. L-2022-05 - Declare Surplus of LandsPark Street Road Allowance rear of 4650-4662 Bridge Street - Pdf 501 - 504 8.5. MW-2022-45 505 - 508 Page 9 of 1156 2022 Tennis and Basketball Courts Improvements 2022-564- 22 Contract Award Recommendations: 1. That Council award the 2022 Tennis and Basketball Courts Improvements Contract 2022-564-22 to the lowest compliant bidder, D&R Landscape Group Inc. for $1,112,282.00 +HST. 2. That Council approve a 2022 capital budget amendment of $220,000 funded by Capital Special Purpose Reserves. 3. That the Mayor and Clerk be authorized to execute the necessary documents. MW-2022-45 - 2022 Tennis and Basketball Courts Improvements 2022-564-22 Contract Award - Pdf 8.6. MW-2022-48 Dorchester Road Sewer Separation Cost Sharing Agreement Recommendations: 1. That Staff be directed to complete the Dorchester Road Sewer Separation Improvements in conjunction with cost sharing with the developments of Village on Dorchester (26CD-11-2021-003) and Dorchester Townhouses Development (26CD-11-2022-004). 2. That Council authorize a 2022 Capital Budget Amendment in the gross amount of $3,000,000 funded by a combination of Sewer Capital Special Purpose Reserves and developer contributions. 3. That the Mayor and City Clerk be authorized to execute all necessary Development/Cost Sharing agreements. MW-2022-48 - Dorchester Road Sewer Separation Cost Sharing Agreement - Pdf 509 - 524 8.7. MW-2022-49 Chippawa Parkway - Speed Control Review Recommendations: 1. That the speed control plan consisting of six (6) speed cushions on Chippawa Parkway between Thomas Street and Portage Road be approved; 2. Subject to budget approval, that the installation of temporary (rubber) speed cushions be installed until the permanent speed control devices can be incorporated as part of a future road rehabilitation project; and, 525 - 548 Page 10 of 1156 3. That the purchase of the temporary speed cushions be referred to the 2023 Capital Budget deliberations. MW-2022-49 - Chippawa Parkway - Speed Control Review - Pdf 8.8. MW-2022-52 Canadian Corps of Commissionaires - Contract Renewal Recommendations: 1) That Council approve the contract extension for up to one (1) year with the Canadian Corps of Commissionaires (Hamilton) for the supply of Parking Control Services; and, 2) That the Mayor and City Clerk be authorized to execute the necessary agreement. MW-2022-52 - Canadian Corps of Commissionaires - Contract Renewal - Pdf 549 - 551 8.9. PBD-2022-57 AM-2019-015, Official Plan and Zoning By-law Amendment Application Proposal: 72 Storey Mixed Use Building with Off-Site Parking Applicant: 6609 Stanley Nominee Inc. (Jeremia Rudan) Resolution to Deem Changes to a Proposed Zoning By-law to be Minor Recommendation: That subject to subsection 34(17) of the Planning Act, Council pass a resolution to deem the modifications to the draft zoning by-law, to be minor in nature and that no further notice is necessary. PBD-2022-57 - AM-2019-015, Official Plan and Zoning By-law Amendment ApplicationProposal: 72 Storey Mixed Use Building with Off-Site ParkingApplican - Pdf 552 - 558 8.10. PBD-2022-58 AM-2022-002 Official Plan and Zoning By-law Amendment Minor Change to Zoning Regulation Applicant: Cassone Dwellings (BT) Inc. (Daniel Marinovic) Agent: Bousfields Inc. (Evan Sugden) Recommendations: 559 - 574 Page 11 of 1156 1. That subject to subsection 34(17) of the Planning Act, Council pass a resolution to deem the revision to the Zoning By-law amendment application to be minor in nature and that no further notice is necessary; and, 2. That Council approve the revision to the Zoning By-law amendment as detailed in this report. PBD-2022-58 - AM-2022-002Official Plan and Zoning By-law AmendmentMinor Change to Zoning RegulationApplicant: Cassone Dwellings (BT) Inc. (Daniel M - Pdf AM-2022-002 Comments (merged)_Redacted 8.11. PBD-2022-66 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) Recommendations: 1. That subject to subsection 34(17) of the Planning Act, Council pass a resolution to deem the revision to the Zoning By-law amendment application to be minor in nature and that no further notice is necessary. 2. That Council approve the Official Plan and Zonin g By-law amendments to exceed the 30 storey limit for a 35 storey and 36 storey apartment and on-street dwellings on the subject lands, subject to a parking rate of 1.03 parking spaces per dwelling unit, and subject to the regulations outlined in Staff report PBD-2022-12. 3. That the amending zoning by-law include a Holding (H) provision to require an updated wind study. 4. That the passage of the amending by-laws be conditional on the execution of a Section 37 agreement for the mixed use building on 5613, 5631-5633 Victoria Avenue to secure contributions for streetscape improvements on the abutting Victoria Avenue frontage and capital facilities contribution based on 5% of the construction value of the net floor areas above 30 storeys and the subject lands merging in title. 5. That the Mayor and Clerk be authorized to execute the Section 37 agreement to the satisfaction of the City Solicitor. 575 - 586 Page 12 of 1156 PBD-2022-66 - AM-2021-019, Official Plan and Zoning By-law Amendment Application5613, 5631-5633 Victoria AvenueRevised Proposal: 35 Storey and 36 St - Pdf 8.12. PBD-2022-68 26T-11-2019-002 & AM-2019-007 Draft Plan of Subdivision and Zoning By-law Amendment 9234 Sodom Road and Part of Lot 19, Concession 2 Willoughby Applicant & Agent: Polocorp Inc. 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 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-2022-68 - 26T-11-2019-002 & AM-2019-007 Draft Plan of Subdivision9234 Sodom Road and Part of Lot 19, Concession 2 WilloughbyApplicant & Agent: - Pdf 587 - 613 8.13. TS-2022-02 Sole Source Procurement - Onboard Camera Systems Recommendations: 1. That Council approve the sole source procurement of an onboard camera system for the Niagara Falls Transit Services fleet(s) and support vehicles by Safe Fleet up to the project upset limit of $990,000, inclusive of non - recoverable HST; and 2. That the City of Niagara Falls use Provincial Transit- Dedicated Gas Tax to fund their portion of the Investing in Canada Infrastructure Program (ICIP) approved project up 614 - 627 Page 13 of 1156 to the investment limit of $264,033 as per Report TS- 2019-39 and per the 2021 Capital Budget as approved.. TS-2022-02 - Sole Source Procurement - Onboard Camera Systems - Pdf 8.14. TS-2022-03 Niagara Transit Commission: Establishment of Common Fare Structure & Policy Recommendation: That Council receives for information the common Region-wide fare structure and policies adopted by the Niagara Transit Commission to become effective on January 1, 2023 as established at their July 19, 2022 meeting. TS-2022-03 - Niagara Transit Commission: Establishment of Common Fare Structure & Policy - Pdf 628 - 646 8.15. TS-2022-04 Investing in Canada Infrastructure Program (ICIP) Application – Sole Source Procurement for Replacement of Farebox Technology Recommendations: 1. That Council approve the Investing in Canada Infrastructure Program (ICIP) project application for $1,950,300 for the replacement of fareboxes as set out in this report and that the City’s portion (26.67%) totaling $520,730.10 be funded by Provincial Transit-Dedicated Gas tax. 2. That staff be authorized to procure fareboxes for fifteen (15) Regional buses operated by the City of Niagara Falls, to be funded wholly by Niagara Region, in the amount of $365,726 inclusive of non-rebateable HST. 3. That the Mayor and Clerk be authorized to execute the required agreements. TS-2022-04 - Investing in Canada Infrastructure Program (ICIP) Application – Sole Source Procurement for Replacement of Farebox Technology - Pdf 647 - 660 8.16. L-2022-06 (Report added) Staff Request for Two (2) Special Council Meetings Recommendation: That Council receive this report for information purposes. 661 - 663 Page 14 of 1156 L-2022-06 - Staff Request for Two (2) Special Council Meetings - Pdf 8.17. CLK-2022-14 (Report added) Request for Free Bus Fare for Eligible Electors for Advanced Voting Dates and Election Day for the October 2022 (Municipal and School Board Election) Recommendation: THAT City of Niagara Falls Council approve free bus fare on Niagara Falls Transit Services to eligible electors who present their Voter Notification Cards on the schedule Advance Poll dates (October 1, 2, 7, 8, 14,15, 16, 2022) and Election Day (October 24, 2022). CLK-2022-14 - Request for Free Bus Fare for Eligible Electors for Advanced Voting Dates and Election Day for the October 2022 (Municipal and School Bo - Pdf 664 - 665 8.18. PBD-2022-48 (Report and agent presentation added) Request for Council Resolution for A Minister's Zoning Order - 8656 Mountain Road and Lands on the South-West Corner of Mountain Road and Kalar Road Recommendation: That City Council support the requested Minister's Zoning Order (MZO) subject to the following conditions: 1. That the lands proposed for the golf course, inn and resort and vineyard at the south-east corner of Mountain Road and Kalar Road be zoned site-specific Agriculture (A- XXXX), the balance of the golf course be zoned site specific Agriculture (A-XXYY), and lands with natural heritage features and associated buffers be zoned site specific Environmental Protection Area (EPA-XXXY). 2. That the MZO contain conditions requiring the following studies, prior to development or site alteration: a. An Agricultural Impact Study; b. An Environmental Impact Study; c. A Municipal Servicing Study; d. A Transportation Impact Study; and e. An Archaeological Study. 3. That the MZO contain a condition allowing consideration of connecting the development into municipal infrastructure 666 - 704 Page 15 of 1156 provided there is available servicing capacity beyond servicing requirements within the City’s Urban Area Boundary until 2051, as identified in a municipal wide Master Servicing Plan. 4. That the MZO contain the other regulations outlined in this report. 5. That the Minister of Municipal Affairs be requested to add a further condition, requiring the applicant enter into a site plan agreement and/or development agreement that shall, among other matters, require the developer to obtain all approvals from the City, Region and Ministry of the Environment, Conservation and Parks for either private servicing or extension of municipal services at the applicant’s cost. 6. That the City review in detail the draft by-law before submitting the final requested by-law to theMinister. PBD-2022-48 - Request for Council Resolution for A Minister's Zoning Order - 8656 Mountain Road and Lands on the South- West Corner of Mountain Road an - Pdf Presentation- (Agent) - AM-2022- 013_119459MntRd_Winery_Council 8.19. F-2022-40 (Report added) Capital Project Closing and Adjustments Report as at June 30, 2022 Recommendations: 1. That Council receive the report for information and approve the recommended transfers to/from reserves/reserve funds per Attachment 1; 2. That Council approve the closure of the projects listed in Attachment 1 and release any associated funding commitments; 3. That Council approve the recommendations outlined in Attachment 2 to facilitate funding swaps, capital budget amendments and the renaming/splitting of projects, including the hiring of a temporary Project Manager on an 18 month contract, funded by capital, to manage and facilitate the Wet Weather Management Study and Master Servicing Plans; 705 - 717 Page 16 of 1156 4. That Council receive and file Attachment 3 for information, containing an updated Annual Repayment Limit in support of debt funding approvals outlined in Attachment 2. F-2022-40 - Capital Project Closing and Adjustments Report as at June 30, 2022 - Pdf 8.20. F-2022-45 (Report added) City of Niagara Falls Community Benefit Charge Strategy (follow-up from Public Meeting) Recommendations: 1. That the 2022 City of Niagara Falls Community Benefit Charge (CBC) Strategy, included as Attachment 1, be approved; 2. That a dedicated obligatory Reserve Fund be established specifically for all collections of Community Benefit Charges; 3. That Council approve Staff's recommendation of Option 2 which provides discretionary exemptions for attainable housing; 4. That Council approve Staff's recommendation to fund all discretionary CBC exemptions (if applicable) from the City's operating budget to the dedicated CBC Reserve Fund; 5. That Council direct Staff to prepare the necessary CBC By-Law, inclusive of a CBC charge of 4% of land value for eligible developments in compliance with the Planning Act, R.S.O. 1990, and discretionary CBC exemptions as directed, to be referred to a special Council Meeting for approval. F-2022-45 - City of Niagara Falls Community Benefit Charge Strategy (follow-up from Public Meeting) - Pdf 718 - 848 8.21. MW-2022-21 (Report added) Hendershot Boulevard – Parking Control Review Recommendations: That the existing on-street parking on Hendershot Boulevard between Garner Road and Tapestry Court be maintained, except that 'No Parking' corner restrictions be established on: 1. both sides of Hendershot Boulevard between Garner Road and a point 22 metres west of Garner Road; and, 2. both sides of Ironwood Street between Hendershot Boulevard and a point 22 metres north of Hendershot Boulevard. 849 - 853 Page 17 of 1156 MW-2022-21 - Pdf 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. F-2022-38 Tax Receivables Monthly (June) Recommendation: That Council receive the Monthly Tax Receivables report for information purposes. F-2022-38 - Tax Receivables Monthly (June) - Pdf 854 - 857 9.2. F-2022-39 Corporation of the City of Niagara Falls, Ontario – Trust Funds Financial Statements December 31, 2021 Recommendation: That Council approve the draft trust funds financial statements for the year ended, December 31, 2021, the 2021 draft post-audit letter and the 2021 draft management letter. F-2022-39 - Corporation of the City of Niagara Falls, Ontario – Trust Funds Financial Statements December 31, 2021 - Pdf 858 - 875 9.3. F-2022-44 Cancellation, Reduction or Refund of Taxes Under Section 357 and 358 of The Municipal Act, 2001 Recommendation: That Council approve the cancellation, reduction or refund of taxes on the various accounts per the attached summary and granted to the property owners listed. 876 - 878 Page 18 of 1156 F-2022-44 - Cancellation, Reduction or Refund of Taxes Under Section 357 and 358 of The Municipal Act, 2001 - Pdf 9.4. L-2022-04 Encroachment Agreement with the City 6085 Lundy's Lane - Stairs encroaching into Lowell Avenue (Iglesia Ni Cristo) Our File No.:2022-98 Recommendations: 1. In the event that Council determines it is in the best interest of the public to do so, that the City enter into an Encroachment Agreement respecting the stairs on Lowell Avenue with Iglesia Ni Cristo, the future owner of 6085 Lundy’s Lane, in a form satisfactory to the City Solicitor. 2. That the Mayor and City Clerk be authorized to execute the required Encroachment Agreement. 3. That the City Solicitor is authorized to register the Encroachment Agreement on title to 6085 Lundy's Lane and the applicable parcel for the affected portion of Lowell Avenue in the Land Registry Office at the future owner’s expense. L-2022-04 - Encroachment Agreement with the City6085 Lundy's Lane - Stairs encroaching into Lowell Avenue(Iglesia Ni CristoFile No.:2022-98 - Pdf 879 - 881 9.5. MW-2022-46 Adopt A Hydrant Program Recommendations: 1. That Council receive this report as information. 2. That Council approve staff to proceed with the implementation of an Adopt A Hydrant Program for the City of Niagara Falls. MW-2022-46 - Adopt A Hydrant Program - Pdf 882 - 884 9.6. MW-2022-47 Growth Related Municipal Servicing Recommendation: That Council receive this report for information. MW-2022-47 - Growth Related Municipal Servicing - Pdf 885 - 893 9.7. MW-2022-50 894 - 897 Page 19 of 1156 Harper Drive - Parking Control Review Recommendations: 1. That a 'No Parking' restriction be implemented on the east side of Harper Drive between Bellevue Street and a point 60 metres north of Bellevue Street; and, 2. That a 'No Parking' restriction be implemented on the south side of Harper Drive between a point 37 metres west of Marcel Crescent and a point 60 metres west of Marcel Crescent. MW-2022-50 - Harper Drive - Parking Control Review - Pdf 9.8. MW-2022-51 Clifton Hill Sidewalk Widening Phase 2 Contract Award 2022- 561-21 Recommendations: 1. That council award the 2022-561-21 Clifton Hill Sidewalk Widening Phase 2 to the lowest compliant bidder, Gauboc Construction Limited in the amount of $526,502.00 + HST. 2. That council approve a 2022 capital budget amendment for this project (Clifton Hill Sidewalk Widening R129-21) with the additional amount of $175,000.00 to be funded by external contributions from HOCO Limited. 3. That the Mayor and Clerk be authorized to execute the necessary agreements. MW-2022-51 - Clifton Hill Sidewalk Widening Phase 2 Contract Award 2022-561-21 - Pdf 898 - 901 9.9. PBD-2022-59 GTY-2022-001, Gateway Community Improvement Plan Application 7873 Blackburn Parkway Applicant: Calabrese Holdings (Frank Gallo) Recommendations: 1. That Council approve the Niagara Gateway CIP Tax Increment Based Grant program application for 7873 Blackburn Parkway subject to the Owner satisfying the program requirements. 2. That the Niagara Region be advised of the decision of City Council. 902 - 909 Page 20 of 1156 3. That the Mayor and Clerk be authorized to sign and execute the Tri-party grant agreement. PBD-2022-59 - GTY-2022-002, Gateway Community Improvement Plan Application7873 Blackburn ParkwayApplicant: Calabrese Holdings (Frank Gallo) - Pdf 9.10. R&C-2022-17 2022 Sports Wall of Fame Inductees Recommendation: R&C-2022-17 - 2022 Sports Wall of Fame Inductees - Pdf 910 - 912 9.11. R&C-2022-18 2022 Arts & Culture Wall of Fame Inductee Recommendation: That Council approve the following 2022 Arts & Culture Wall of Fame Inductee: Wendy Leard R&C-2022-18 - 2022 Arts & Culture Wall of Fame Inductee - Pdf 913 - 916 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 #10.11. Page 21 of 1156 10.1. Flag-Raising Request - Ukrainian Flag The Ukrainian Canadian Congress is requesting the City of Niagara Falls to raise the Ukrainian Flag on Wednesday, August 24, 2022 to show solidarity and to keep it raised until Monday, August 29, 2022. Flag-raising - Ukrainian Flag - Wednesday, August 24, 2022 917 - 918 10.2. Flag-Raising Request - United Way Niagara United Way Niagara is requesting a flag-raising ceremony on Tuesday, September 20, 2022 for a period of 2 weeks to kick-off their annual fundraising campaign. Each year, they strive to raise millions of dollars to help local people out of poverty. Flag-Raising Request - United Way Niagara 919 - 920 10.3. Proclamation Request - Lung Cancer Awareness Month The Canadian Lung Cancer Screening Initiative is requesting the City of Niagara Falls to proclaim to declare November 2022 as Lung Cancer Awareness Month to raise awareness for lung cancer and lung cancer screening. Proclamation Request - Lung Cancer Awareness Proclamation - Lung Cancer Awareness Month 2022.docx 921 - 923 10.4. Proclamation Request - Child Care Worker & Early Childhood Educator Appreciation Day 2022 Attached is a request for the Council of City of Niagara Falls to proclaim and participate in Child Care Worker & Early Childhood Educator Appreciation Day on Tuesday, October 18, 2022. This day recognizes the commitment, hard work and dedication of Registered Early Childhood Educators (RECEs) and staff who work with children. CCWAD_Letter_Municipal_Sponsorship_final_2022_en_fr CCWAD_Celebration_Tips_2022_final_en_fr CCWAD_Sample_Proclamation_final_2022_en_fr 924 - 929 Page 22 of 1156 10.5. Proclamation and Flag-Raising Request - National Polycystic Kidney Disease (PKD) Awareness Day The Polycystic Kidney Disease (PKD) Foundation is requesting the City of Niagara Falls proclaim Sunday, September 4, 2022 as National Polycystic Kidney Disease (PKD) Awareness Day and raise the "End PKD" flag in support. Proclamation and Flag-Raising Request - National Polycystic Kidney Disease (PKD) Awareness Day 930 - 931 10.6. Proclamation Request - Fire Prevention Week 2022 Fire Chief Jo Zambito is asking Council to approve the request to proclaim the week of October 9, 2022 to October 15, 2022 as "Fire Prevention Week." Proclamation Request - City Clerks Memo - Fire Prevention Week 2022 Proclamation Fire Prevention Week 2022 932 - 933 10.7. Noise By-law Exemption and Special Occasion Permit Request - Night of Art Niagara Falls Night of Art is an annual event where various art forms come together on one night to showcase the best of Niagara artistic talent on September 22nd, 2022. This is the 11th year that the Niagara Falls Museums has hosted this event. The event is expected to attract 600-1000 audience members from across Southern Ontario and Western New York and will support and promote the artistic talents of residents of Niagara Falls and the Niagara Region. The request is to have Council recognize this event as one of municipal significance in order to facilitate obtaining a Special Occasion Liquor License form AGCO. The Niagara Falls History Museum is also requesting Council to approve a noise by-law exemption to allow entertainment until 11:00 PM. 10.8. Memo from Planning Regarding: PLC-2022-013, Request for Removal of Part Lot Control Lot 15, Registered Plan No.82, Mulhern Subdivision 4608-4612 Lee Avenue Niagara Falls 934 Page 23 of 1156 Memo to Council - PLC-2022-013 10.9. Memo from Planning Regarding: PLC-2022-014, Request for Removal of Part Lot Control Lot 16, Registered Plan No. 82, Mulhern Subdivision 4590-4598 Lee Avenue, Niagara Falls Memo to Council - PLC-2022-014 935 10.10. Memo from Planning Regarding: PLC-2022-015, Request for Removal of Part Lot Control Blocks 107 & 108, Registered Plan 59M-484, Forestview Estates 7101-7129 & 7133-7149 Parsa Street Memo to Council - PLC-2022-015 936 10.11. Flag-Raising Request - India's Independence Day - August 15 Raul Dudnic, resident, is requesting the City of Niagara Falls to raise the India's flag on Monday, August 15th, 2022 to celebrate India's Independence Day. Flag-raising request - India's Independence Day - August 15 937 - 938 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. Resolution - Township of Mulmur - Climate Emergency Attached is a resolution passed by the Council of the Township of Mulmur on July 6, 2022 regarding Climate Emergency. Climate Emergency July 6 2022 939 11.2. Letter of Congratulations - from Greater Niagara Chamber of Commerce Attached is a letter from the Greater Niagara Chamber of Commerce congratulating the City of Niagara Falls being recognized in the Bestcities.org ranking as the fourth best small city in Canada to live, work and invest in. 940 Page 24 of 1156 GNCC Niagara Falls letter of congratulations 11.3. ArriveCan at the Land Border - Letter from the Peace Bridge Authority Attached is a letter from the Peace Bridge Authority outlining comments and concerns pertaining to ArriveCan at the land borders. Members of Parliament - July 14-2022 ArriveCan at the land border 941 - 960 11.4. Resolution - Town of Fort Erie - Ontario Building Code to Provide Municipalities with Greater Flexibility Attached is a resolution passed at the Municipal Council of the Town of Fort Erie at its meeting of June 27, 2022 regarding the Ontario Building Code. Resolution - Town of Fort Erie - to Minister Steve Clark 961 - 962 11.5. Resolution - City of Brantford - Potential Threat to Residential Home Ownership - AMO Letter Please see the attached decision of Brantford City Council from the meeting held July 26, 2022. Potential threat to residential home ownership - AMO Letter 963 - 964 11.6. Resolution - Town of Pelham - Cross Border Travel and ArriveCAN Please find attached the resolution endorsed by the Council of the Town of Pelham at their July 25, 2022 meeting. Resolution - Town of Pelham - Cross Border Travel and ArriveCAN 965 - 966 11.7. Thank you letter from Premier of Ontario - South Niagara Hospital Premier Ford acknowledged letter sent from the City of Niagara Falls regarding the building of the new South Niagara Hospital. 967 - 968 Page 25 of 1156 Thank you from Premier of Ontario - South Niagara Hospital 11.8. 2019-2022 Strategic Priorities - Update Attached is a document entitled "2019-2022 Strategic Priorities Update", which outlines the accomplishments during this term of Council. Strategic Priorities Update - August 2022 969 - 1011 12. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK RECOMMENDATION: THAT Council Refer to Staff Item #12.1 through to and including Item #12.5. 12.1. Request for Billboard - Victoria Avenue Domenic and Sara Sinicropi, own a number of properties on Victoria Avenue and is requesting permission to place a billboard at 5034 Victoria (corner of Armoury Street and Victoria Avenue). RECOMMENDATION: Refer to Staff. Email from property owners - Request for billboard 1012 12.2. Proposed Community Benefits Charge (CBC) By-law - Comments from Bayfield Realty Advisors Attached is a letter to the Mayor and Council pertaining to the proposed Community Benefits Charge By-law. CBC Letter to City of Niagara Falls from Bayfield Realty Advisors 1013 - 1014 12.3. Proposed Community Benefits Charge (CBC) By-law - Comments from Canadian Niagara Hotels Attached is a letter, dated August 3, 2022, regarding the City’s proposed Community Benefits Charge By-law. RECOMMENDATION: Refer to Staff. Letter re CBCs from CNH - Aug 3, 2022. 1015 - 1016 12.4. Request for Dedicated Pickleball Courts Attached is a letter requesting pickleball courts in the City of Niagara Falls. RECOMMENDATION: Refer to Staff. 1017 - 1020 Page 26 of 1156 Email - Request for Dedicated Pickleball Courts 12.5. Correspondence from resident - State of Emergency on Mental Health, Homelessness and Addiction Steven Soos has attached an email relating to Council's recent motion to declare a state of emergency on mental health, homelessness and addiction. RECOMMENDATION: Refer to Staff Email from resident, Steven Soos - State of Emergency on Mental Health, Homelessness and Addiction 1021 - 1022 13. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 13.1. Memo - CAO By-law Amendment An amendment to the CAO By-law 2007-210 appears on the agenda for Council's consideration. This amendment is a house- keeping item that will prepare Council and staff to better deal with any potential temporary vacancy issues, should they arise from time to time. RECOMMENDATION - That Council receive this memo for information and pass the corresponding by-law on today’s agenda. Clerk's Memo - CAO Bylaw Amendment 1023 14. RESOLUTIONS 14.1. 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 1024 14.2. Resolution to Council AM-2022-002 1025 Page 27 of 1156 Official Plan and Zoning By-law Amendment Minor Change to Zoning Regulation Applicant: Cassone Dwellings (BT) Inc. (Daniel Marinovic) Agent: Bousfields Inc. (Evan Sugden) That subject to subsection 34(17) of the Planning Act, 1990 R.S.O Council deems the change in the zoning by-law minor and exempts the requirement for further written notice. No. 10 - Resolution to Council- AM-2022-002-minor changes no PM 14.3. Resolution to Council AM-2019-005 That subject to subsection 34(17) of the Planning Act, 1990 R.S.O Council deems the changes to the zoning by-law minor and exempts the requirement for further written notice. No. 11 - Resolution to Council - AM-2019-015 1026 14.4. Resolution to Council Request for Council Resolution for A Minister's Zoning Order - 8656 Mountain Road and Lands on the South-West Corner of Mountain Road and Kalar Road That the Council of the City of Niagara Falls supports the requested Ministry’s Zoning Order. No.12 - Resolution to Council - AM 2022 013 MZO Mountain Road 1027 - 1028 15. RATIFICATION OF IN-CAMERA 16. 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. Page 28 of 1156 17. BY-LAWS The following by-law, By-law No. 2018-88, was read a first and second time and provisionally adopted on August 14, 2018. The by-law can now be read a third time and passed. 2018- 88. A By-law to provide for drainage works in the City of Niagara Falls, in the Regional Municipality of Niagara, known as the Boyer’s Creek Municipal Drain. Boyer's Creek Municipal Drain Draft By-Law 1029 - 1030 18. BY-LAWS The City Clerk will advise of any additional by-laws or amendments to the by-law listed for Council consideration. 2022- 082. A by-law to amend By-law No. 2007-210, being a by-law to define, limit and determine the duties and responsibilities of the Chief Administrative Officer. CAO Bylaw Amendment 1031 2022- 083. A by-law to enter into an agreement with the Ministry of Infrastructure related to the provincial Transfer Payment Agreement for Investing in Canada Infrastructure Program (ICIP) Green Stream. TPA Investing in Canada Infrastructure Program (ICIP) Green Stream - BY-LAW 8.9.22 TPA AGREEMENT for The Investing in Canada Infrastructure Program (ICIP)-Green Stream 1032 - 1088 2022- 084. A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Parking Prohibited) Aug 9 - Harper Dr 1089 2022- 085. A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Parking Prohibited) August 09 - Prospect Street- Parking Restriction 1090 - 1091 2022- 086. A by-law to authorize the execution of a Section 37 Agreement with 6609 Stanley Nominee Inc. pursuant to Section 37 of the Planning Act respecting the provision of certain facilities, services and matters by 6609 Stanley Nominee Inc. in return for 1092 - 1122 Page 29 of 1156 an amendment to By-law No. 79-200 for an increase in height to allow the development of a mixed use residential/hotel building with a maximum building height of 255 metres and 72 storeys, on lands owned by 6609 Stanley Nominee Inc. and located on Stanley Avenue, in the City of Niagara Falls. Execution re 6609 Stanley Ave - Section 37 Agreement 2022- 087. A by-law to provide for the adoption of Amendment No. 148 to the City of Niagara Falls Official Plan (AM-2022-002). By-law - OPA 148 Bylaw - OPA 148 PART 1 Preamble Bylaw - OPA 148 PART 2 BODY OPA 148 Map 1 Schedule A 1123 - 1126 2022- 088. A by-law to amend By-law No. 79-200, to permit the use of the lands for 26 semi-detached dwelling units, 109 townhouse dwelling units, and 140 apartment (stacked townhouse) dwelling units subject to the removal of a holding (H) symbol (AM-2022- 002). Bylaw - AM-2022-002 Bylaw - AM-2022-002 Schedule 1 1127 - 1130 2022- 089. A by-law to designate Lot 15, Registered Plan No. 82, not to be subject to part-lot control (PLC-2022-013). By-law - PLC-2022-013 1131 2022- 090. A by-law to designate Lot 16, Registered Plan No. 82, not to be subject to part-lot control (PLC-2022-014). By-law - PLC-2022-014 1132 2022- 091. A by-law to designate Blocks 107 & 108, Registered Plan 59M- 484, not to be subject to part-lot control (PLC-2022-015). By-law - PLC-2022-015 1133 2022- 092. A by-law to provide for the adoption of Amendment No. 135 to the City of Niagara Falls Official Plan (AM-2019-015). 1134 - 1137 Page 30 of 1156 Bylaw - OPA 135 Bylaw - OPA 135 Body 2022- 093. A by-law to amend By-law No. 79-200 to permit the construction of a mixed use building of up to 72 storeys subject to the removal of a holding (H) provision, to permit a portion of the required parking to be provided off-site, and to repeal By-law No. 2000-153 (AM-2019-015). Bylaw - AM-2019-015 1138 - 1145 2022- 094. A by-law to amend By-law No. 79-200, to introduce new definitions and regulatory provisions for a community garden (AM-2022-003). Bylaw - AM-2022-003 1146 2022- 095. A by-law to amend By-law No. 79-200, to introduce new definitions and regulatory provisions (AM-2022-003). Bylaw - AM-2022-003 Part 2 1147 - 1155 2022- 096. A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 9th day of August, 2022. 08 09 22 Confirming By-law 1156 19. NEW BUSINESS 20. ADJOURNMENT Page 31 of 1156 The City of Niagara Falls, Ontario Resolution August 9, 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 August 9, 2022, Niagara Falls City Council will be holding a Closed Meeting as permitted under s. 239 (2) (b), (c), and (f) 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; (b) personal matters about an identifiable individual, including municipal or local board employees; (c) a proposed or pending acquisition or disposition of land by the municipality or local board; (e) litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board. THEREFORE BE IT RESOLVED that on August 9, 2022 Niagara Falls City Council will go into a closed meeting to consider matters that fall under section 2 39 (2) (b) to discuss personal matters related to the CAO; (c) to discuss a proposed or pending acquisition or disposition of land by the municipality, in particular, an update on Land Sales; and (e) litigation or potential litigation, including matters before administrative tribunals for the engagement of external legal counsel. AND The Seal of the Corporation be hereto affixed. WILLIAM G. MATSON JAMES M. DIODATI CITY CLERK MAYOR Page 32 of 1156 MINUTES City Council Meeting 1:00 PM - Tuesday, July 12, 2022 Council Chambers/Zoom App. The City Council Meeting of the City of Niagara Falls was called to order on Tuesday, July 12, 2022, at 1:00 PM, in the Council Chambers, with the following members present: COUNCIL PRESENT: Mayor Jim Diodati, Councillor Chris Dabrowski, Councillor Kerrio, Councillor Victor Pietrangelo, Councillor Mike Strange, Councillor Wayne Thomson (present in Chambers) Councillor Lori Lococo (present via Zoom app.) COUNCIL ABSENT: Councillor Wayne Campbell, Councillor Carolynn Ioannoni (Councillor Ioannoni was present until 1:10 only and voted for only Item #1.1 - Resolution to go In-Camera). STAFF PRESENT: Jason Burgess, Bill Matson, Margaret Corbett, Kira Dolch, Erik Nickel, Nidhi Punyarthi, James Dowling, Andrew Bryce, Julie Hannah (present in Chambers) Chief Jo Zambito, Kathy Moldenhauer, Serge Felicetti, Trent Dark (present via Zoom). 1. IN CAMERA SESSION OF COUNCIL 1.1. Resolution to go In-Camera Moved by Councillor Vince Kerrio Seconded by Councillor Mike Strange That Council enter into an In-Camera session. Carried Unanimously (Councillor Lococo was absent from the vote). 2. CALL TO ORDER The meeting was called to order at 1:38 PM. 3. ADOPTION OF MINUTES 3.1. Council Minutes of June 21, 2022 Moved by Councillor Victor Pietrangelo Seconded by Councillor Wayne Thomson That Council approve the minutes of the June 21, 2022 meeting as presented. Carried Unanimously 4. DISCLOSURES OF PECUNIARY INTEREST Page 1 of 15 Page 33 of 1156 a) Councillor Lori Lococo declared a conflict of interest to the following items: • Item #8.1 - Fee Waiver Applications - only to #2 and #3 from the Downtown BIA, as the Downtown BIA is the Councillor's spouse's former employer. • Item #8.7 - PBD-2022-54 - Response to Downtown BIA Board of Management - husband's former employer. b) Councillor Chris Dabrowski declared a conflict of interest to Item #10.5 - Noise By-law Exemption - 11th Annual Heaters Heroes Run for Children, as Councillor is a member of the Fallsview Hose Brigade. c) Councillor Mike Strange declared a conflict of interest to Item #10.5 - Noise By- law Exemption - 11th Annual Heaters Heroes Run for Children, as Councillor is a member of the Fallsview Hose Brigade. d) Councillor Vince Kerrio declared a conflict of interest to the following items: • Item #7.5 - PBD-2022-52 (AM-2022-009) - 3846 Portage Road, Chris Hawkswell (applicant) is a partner in a different property (Sand pit). • Item #8.6 - PBD-2022-53 - AM-2021-019 - 5613, 5631, 5633 Victoria Avenue, as he owns the property next door - ITEM WAS DEFERRED. e) Councillor Victor Pietrangelo declared a conflict of interest to Item #7.6 - PBD- 2022-49 (AM-2022-002) - 3770 Montrose Road - as the Councillor's primary residence is across the street and within the notification zone. 5. MAYOR'S REPORTS, ANNOUNCEMENTS a) Mayor Diodati extended condolences to the following: • Antonia Conidi, mother-in-law of Sarah Conidi of our Legal Department. • Bunnie Brandt - 2017 Arts & Culture Wall of Fame Inductee o "I love my City. I am an eternal optimist and always try to help better our community." b) Mayor Diodati mentioned the following city events: Canada Games—Torch Relay through Niagara Falls • Also torchbearers: Councillors Mike Strange and Vic Pietrangelo • • Festa Italia Celebration • Also attended by Councillor Pietrangelo • Eid – Eid Mubarak • Also attended by Councillor Pietrangelo • • Nikola Tesla Day Flag Raising • Also attended by Councillor Thomson City Council Representatives Lucas Bahdi Fight Councillor Thomson NDFFA Convention Parade Judge Councillor Pietrangelo Grand Openings/ Business Happenings [photos for each one] Page 2 of 15 Page 34 of 1156 • RBC – also attended by Councillor Thomson • La Sultana Lounge • AWA—African Women Acting – also attended by Councillor Lococo • Whirlpool Diner • Ren’s Pets – also attended by Councillor Pietrangelo c) The next Council meeting is scheduled for Tuesday, August 9th, 2022. 6. DEPUTATIONS / PRESENTATIONS 6.1. Niagara 2022 Canada Summer Games Vittoria Wikston, Director, Marketing & Community Development of the Niagara 2022 Canada Summer Games, provided a presentation to Council regarding the upcoming Canada Summer Games. Vittoria announced Councillor Mike Strange as "Distinguished Alumni Hall of Honour Inductee." The Hall of Honour & Welcome Reception, will be held on Friday, August 5, 2022 at the Niagara Falls Convention Centre in Niagara Falls. 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 provided a brief presentation asking Council to help support the Grand Parade Walk on Saturday, September 17, 2022 at 10:00 AM starting at A.N. Myer Secondary School. Moved by Councillor Mike Strange Seconded by Councillor Chris Dabrowski That Council receive the presentation and promote the Grand Parade Walk on Saturday, September 17, 2022 (10 AM at A.N. Myer) on our City's website. Carried Unanimously 6.3. Presentation - Allister Young Arts & Culture Endowment Fund 2022 Recipient Clark Bernat, Culture & Museums Manager, acknowledged Dillon Douglas as the 2022 Allister Young Arts & Culture Endowment Fund recipient. Mayor Diodati provided the following summary pertaining to Dillon Douglas: Dillon sees the potential in other's creativity and has devoted his time and energy to that in big ways in our community. • He has been a driving force in the Niagara Falls literary arts scene. During his time at Brock, he revitalized the Creative Writer's Club, hosted weekly workshops to help students and members of the community enhance their creative writing and poetry skills. • He also hosted monthly reading events with local businesses in Niagara Falls and St. Catharines. For him, poetry was a living thing between people and the world they inhabited--not merely between pages. • In visual arts, Dillon has been painting for the last couple of years to help ignite the art community in Niagara. Alongside others, he is actively working to make the Niagara Falls arts scene a cultural force to be reckoned with. Page 3 of 15 Page 35 of 1156 • Dillon hosts events in the Region and continually invites artists and members of the community into his studio to paint, chat and get hyped about art. • He is also a supporter of the local music scene, using his graphic design skills and marketing connections. From album covers to photoshoots, press releases to marketing strategy, Dillon believes in building a strong cultural community in Niagara. Clark presented him with a cheque and flowers. 6.4. R&C-2022-12 Allister Young Arts & Culture Endowment Fund 2022 Recipient Moved by Councillor Chris Dabrowski Seconded by Councillor Wayne Thomson That Council acknowledge Dillon Douglas as the 2022 Allister Young Arts & Culture Endowment Fund recipient. Carried Unanimously 7. PLANNING MATTERS 7.1. F-2022-35 City of Niagara Falls Community Benefit Charges Strategy Danielle Tivoli, from Hemson Consulting, will make a presentation to Council. The public meeting commenced at 2:40 PM. James Dowling, Manager of Capital Community Center, introduced Hemson Consulting to present to Council. Craig Binning, Partner at Hemson Consulting, provided a presentation to Council. The public meeting was closed at 3:18 PM. Moved by Councillor Victor Pietrangelo Seconded by Councillor Chris Dabrowski That Council receive and file report F-2022-35 and all attachments. Carried Unanimously 7.2. PBD-2022-46 General Amendments to By-law No. 79-200 The Public meeting commenced at 3:18 PM. Andrew Bryce, Manager, Current Planning, provided an overview of the report PBD-2022-46. Page 4 of 15 Page 36 of 1156 The Public meeting was closed at 3:34 PM. Moved by Councillor Victor Pietrangelo Seconded by Councillor Lori Lococo That Council approve the general amendments to By-law No. 79-200, as outlined in this report. Furthermore, to add "general" in front of conformity in Section 4.4 (c) of By-law No. 79-200 and to split the proposed by-law into two by-laws: the first one dealing with community gardens and the second one dealing with the rest of the items. Carried Unanimously 7.3. PBD-2022-50 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. The Public meeting commenced at 3:34 PM. Julie Hannah, Planner 2, provided an overview of the report PBD-2022-50. Garry Beck, of 9200 Sodom Road, provided comments regarding this application, citing the shared roadway, zoning and privacy issues. Matthew Warzecha, applicant from Polocorp Inc., made a presentation to Council in support of the application. The Public meeting was closed at 4:17 PM. Moved by Councillor Vince Kerrio Seconded by Councillor Mike Strange That Council defer Report PBD-2022-50 to the August 9, 2022 Council meeting. Carried Unanimously 7.4. PBD-2022-51 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) Page 5 of 15 Page 37 of 1156 The Public meeting commenced at 4:18 PM. Julie Hannah, Planner 2, provided an overview of the report PBD-2022-51. Joe Mrozek, of 7690 Green Vista Gate, cited concerns relating to the rationale of the application. Mr. Mrozek cited aesthetic, traffic, environmental (trees being removed), grading and vacation rental unit concerns. Jason Sykes, of 5729 Deerbrook Street, citing concerns with the environmental study that was completed, stating that wildlife does exist in this area. He also cited lot size and tree preservation concerns. Snow removal, traffic concerns and privacy issues were also raised. Janice Low, of 7625 Green Vista Gate, cited concerns relating to tree removal, wildlife in the woodlot and how it pertains to any tree removal taking place and to the density of the lots as proposed in the application. Patrick Maloney, of 40 Queen Street and Sandro Borghesi, of 7780 Stanley Avenue, spoke on behalf of Washington Mills. They cited concerns with the zoning of the application, development taking place in industrial zones. Mary Lou Tanner, from NPG Planning Solutions, and acting as the agent, along with Rhea Davis, also from NPG Planning Solutions, were present in Chambers and provided Council with a presentation supporting the application. The Public meeting was closed at 5:33 PM. Moved by Councillor Mike Strange Seconded by Councillor Lori Lococo That Council deny the application as presented. Carried (Councillor Wayne Thomson abstained from vote). 7.5. PBD-2022-52 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.) Councillor Vince Kerrio left the meeting as he declared a conflict of interest to this matter. The Public meeting commenced at 5:37 PM. Julie Hannah, Planner 2, provided an overview of the report PBD-2022-52. Page 6 of 15 Page 38 of 1156 David Falleta, of Bousfields Inc. acting as the applicant, spoke in support of the application. With respect to the parking issue, Mr. Falletta is contacting staff to learn further details relating to the resident concerns and talked about a supporting study. He provided a rationale to the parking proposal recognizing that there are site specific circumstances that exist for this development (unique in that this location has all of the transit amenities...). Also suggested promoting transit usage to address the parking concerns. He is proposing a slightly reduced parking ratio than what the report/application proposes. The Public meeting closed at 5:53 PM. Moved by Councillor Wayne Thomson Seconded by Councillor Victor Pietrangelo 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 1.15 parking spaces per dwelling unit, and subject to the regulations outlined in this report. Carried Unanimously (Councillor Kerrio declared a conflict). 7.6. PBD-2022-49 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) Councillor Vince Kerrio returned to the meeting. Councillor Victor Pietrangelo left the meeting as he declared a conflict of interest to this matter. The Public meeting commenced at 5:58 PM. Alexa Cooper, Planner 2, provided an overview of the report PBD-2022-49. Olga Grcevic, of 7641 St. Augustine Crescent, spoke supporting the application. However, wants the Region to address any traffic mitigating issues that would occur as a result of this proposed development. Also 4 way stop onto Montrose Road was addressed as it may need to be upgraded to allow for traffic to move well and safely in this area. Also cited sewage and water drainage issues that could potentially be an issue with this increased development/housing. Also cited issues with the parkette being used for snow removal. Ron and Susan Gibson, of 7630 Bernadette Cres, cited traffic safety and movement, speaking as a resident of Mount Carmel subdivision. Justin Hawkins, acting on behalf of the applicant, addressed Council providing feedback as to the snow removal issue. Page 7 of 15 Page 39 of 1156 David Falletta, of Bousfields Inc., provided a brief presentation to Council in support of this proposal. The Public meeting was closed at 6:48 PM. Moved by Councillor Chris Dabrowski Seconded by Councillor Vince Kerrio 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). Carried Unanimously (Councillor Pietrangelo declared a conflict). 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 Councillor Pietrangelo returned to Council. Councillor Dabrowski left the meeting at 6:50 PM and did not return. Moved by Councillor Vince Kerrio Seconded by Councillor Victor Pietrangelo 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. Carried Unanimously (Councillor Lococo declared a conflict to items #2 & 3 only and Councillor Dabrowski was not present for vote). 8.2. F-2022-36 Page 8 of 15 Page 40 of 1156 2021 Parking Fund Budget to Actual Variance (unaudited) Moved by Councillor Victor Pietrangelo Seconded by Councillor Mike Strange The 2021 Parking Fund Budget to Actual Variance report for the year ended December 31, 2021 be RECEIVED. Carried Unanimously (Councillor Dabrowski was absent from vote). 8.3. F-2022-37 2022 First Quarter Parking Fund Variance (unaudited) Moved by Councillor Wayne Thomson Seconded by Councillor Victor Pietrangelo That the year to date report for the first quarter of the year to March 31, 2022 for the Parking Fund be RECEIVED. Carried Unanimously (Councillor Dabrowski was absent from vote). 8.4. FIR-2022-01 Naloxone use by Niagara Falls Fire Department Moved by Councillor Lori Lococo Seconded by Councillor Vince Kerrio 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. Carried Unanimously (Councillor Dabrowski was absent from vote). 8.5. MW-2022-42 Request for Delegated Authority for By-Law #89-2000 (A by-law regulating parking and traffic on City Road) Moved by Councillor Wayne Thomson Seconded by Councillor Vince Kerrio 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. Carried Unanimously (Councillor Dabrowski was absent from vote). 8.6. PBD-2022-53 (Report pulled/deferred) AM-2021-019, Official Plan and Zoning By-law Amendment Application 5613, 5631-5633 Victoria Avenue Page 9 of 15 Page 41 of 1156 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 Moved by Councillor Vince Kerrio Seconded by Councillor Mike Strange That Council of the City of Niagara Falls receive report PBD-2022-54 as information. Carried Unanimously (Councillor Lococo declared a conflict and Councillor Dabrowski was absent from vote). 8.8. R&C-2022-14 Council and Advisory Committee Recognition Policy Moved by Councillor Wayne Thomson Seconded by Councillor Vince Kerrio That City Council approve the Council and Advisory Committee Recognition Policy Carried Unanimously (Councillor Dabrowski was absent from vote). 8.9. R&C-2022-15 Community Clean Up Program Moved by Councillor Mike Strange Seconded by Councillor Victor Pietrangelo That Council receives the Community Clean Up Program report. Carried Unanimously (Councillors Dabrowski and Kerrio were absent from vote). 8.10. CAO-2022-10 Support to host 2023 International Curling Event Moved by Councillor Vince Kerrio Seconded by Councillor Victor Pietrangelo 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. Page 10 of 15 Page 42 of 1156 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. Carried Unanimously (Councillor Dabrowski was absent from vote). 9. CONSENT AGENDA 9.1. MW-2022-41 Prospect Street – Parking Review Moved by Councillor Wayne Thomson Seconded by Councillor Victor Pietrangelo 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. Carried Unanimously (Councillors Dabrowski and Kerrio absent from the vote). 9.2. MW-2022-43 Policy - Residential Meter Pit Installation Moved by Councillor Wayne Thomson Seconded by Councillor Victor Pietrangelo 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. Carried Unanimously (Councillors Dabrowski and Kerrio absent from the vote). 9.3. R&C-2022-13 R&C Indoor Facility Allocation Policy Moved by Councillor Wayne Thomson Seconded by Councillor Victor Pietrangelo That Council approve the R&C Indoor Facility Allocation Policy effective August 1, 2022. Page 11 of 15 Page 43 of 1156 Carried Unanimously (Councillors Dabrowski and Kerrio absent from the vote). 10. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 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) 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. 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. 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. Councillor Lococo requested that the City of Niagara Falls support the resolution from the Council of the Municipality of Tweed. Direction to staff: Councillor Lococo is requesting staff to review our internal process as it pertains to the wildlife claims process. 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. Moved by Councillor Wayne Thomson Seconded by Councillor Victor Pietrangelo That Council approve/support Item #10.1 through to Item #10.5. Page 12 of 15 Page 44 of 1156 Carried Unanimously (Councillors Dabrowski and Kerrio absent from the vote and Councillor Strange and Dabrowski declared a conflict of interest). 11. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 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. Councillor Kerrio returned to Chambers. Moved by Councillor Victor Pietrangelo Seconded by Councillor Mike Strange That Council receive and file for information Item #11.1. Carried Unanimously 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. Moved by Councillor Wayne Thomson Seconded by Councillor Mike Strange That Council approve the request for a noise by-law exemption for the Rave Religion - Electronic Music Event, on Saturday, August 20, 2022 at the Niagara Falls Convention Centre (indoor event) from 10:00 PM to 5:00 AM. Carried Unanimously 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. Moved by Councillor Lori Lococo Seconded by Councillor Mike Strange Page 13 of 15 Page 45 of 1156 That Council approve the request for a noise by-law exemption for the Caribbean Carnival, taking place on Saturday, August 27, 2022 on Queen Street for the playing of music from 10:00 AM until 3:00 AM. Carried Unanimously 13. RESOLUTIONS 13.1. Resolution to Council (Resolution - pulled as Report PBD-2022-53 (AM- 2021-019) was deferred. 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. 14. RATIFICATION OF IN-CAMERA a) Ratification of In-Camera Moved by Councillor Victor Pietrangelo Seconded by Councillor Mike Strange That Council has determined it is in the public interest to declare the specified lands at 4601-4605 Zimmerman Avenue, Niagara Falls, as surplus to the City's needs and dispense with the requirement to provide notice of this declaration and or pass a by-law for that purpose. Furthermore, that Council is providing staff with the necessary delegated authority to complete a sale of the lands as outlined by the instructions provided to staff at the in-camera session. Furthermore, that staff advertise this land for sale publically and report back to Council on any offers at the next Council meeting. Carried Unanimously (Councillor Lococo abstained from vote). 15. NOTICE OF MOTION/NEW BUSINESS a) Portage Road Condo Corporation Direction to staff: Councillor Pietrangelo is requesting to have Planning staff include Condo #54 (behind Sobey's) in the site plan process. b) Litter By-law Direction to staff: That Council direct staff to review the City's litter by-law pertaining to the wording of grass vs weeds. 16. BY-LAWS 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) Page 14 of 15 Page 46 of 1156 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) 2022- 079. A by-law to designate Block 99, Registered Plan 59M-484, not to be subject to part-lot control (PLC-2022-011). 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- 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. Moved by Councillor Victor Pietrangelo Seconded by Councillor Mike Strange That the by-laws be read a first, second and third time and passed. Carried Unanimously 17. ADJOURNMENT a) Adjournment Moved by Councillor Wayne Thomson Seconded by Councillor Vince Kerrio That Council adjourn the meeting at 7:17 PM. Carried Unanimously Mayor City Clerk Page 15 of 15 Page 47 of 1156 PBD-2022-55 Report Report to: Mayor and Council Date: August 9, 2022 Title: AM-2022-010 and 26CD-11-2022-005 Zoning By-law Amendment and a Draft Plan of Vacant Land Condominium Roll # 270506001402150, 5610, & 5630 Dorchester Road Applicant: Loyalist Crossing Development Inc. Agent: Peter Lesdow Recommendation(s) 1. That Council approve the Zoning By-law amendment application to rezone the lands to a site specific Residential Low Density, Grouped Multiple Dwellings (R4), to permit 80 townhouse dwelling units. 2. That the Plan of Vacant Land Condominium be draft approved subject to the conditions in 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 granted by Council; and, 6. That the Mayor and City Clerk be authorized to execute the Condominium Agreement and any required documents to allow for the future registration of the condominium when all matters are addressed to the satisfaction of the City Solicitor. Executive Summary Loyalist Crossing Development Inc. has submitted a Zoning By-law amendment for parcels located at 5610 & 5630 Dorchester Road (see Schedule 1). The lands are requested to be rezoned from a Residential 1B Density (R1B) zone, in part, and an Institutional (I-532), in part, to a site specific Residential Low Density, Grouped Multiple Dwellings (R4) zone, to permit the development of 80 townhouse dwelling units. The requested site-specific regulations include decreased lot area, interior side yard width, privacy yard depth, and parking regulations with increased lot coverage. Loyalist Crossing Development Inc. is also proposing to develop the lands as a Plan of Vacant Land Condominium. Registering a Plan of Condominium on the lands will allow the individual ownership of the proposed townhouse dwellings, with a private road and visitor parking areas in common ownership. Page 1 of 26 Page 48 of 1156 Planning Staff recommend the applications for the following reasons: • The proposed development complies with Provincial, Regional, and 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 provisions are appropriate to regulate the proposed use and ensure the proposed development will be compatible with surrounding properties. The conditions of draft plan approval, which must be satisfied before condominium registration, are listed in Appendix A. These conditions address the installation of a new stormwater pipe, other servicing matters, parkland cash-in-lieu payment, landscaping, utility installation, and all other matters related to the development of the vacant land condominium. Background Proposal Loyalist Crossing Development Inc. has submitted a Zoning By-law amendment for parcels located at 5610 & 5630 Dorchester Road (see Schedule 1). The lands are currently zoned the Residential 1B Density (R1B), in part, and Institutional (I-532), in part, in accordance with the Zoning By-law No. 79-200, as amended. The applicant is requesting the lands to be rezoned to a site specific Residential Low Density, Grouped Multiple Dwellings (R4) zone, to allow the 80 unit residential development. The site-specific regulations requested include decreased lot area, interior side yard width, privacy yard depth, and parking regulations with increased lot coverage. Loyalist Crossing Development Inc. is proposing to develop the lands as a Plan of Vacant Land Condominium. The condominium will divide the subject lands into 80 units of lands to be sold individually. The private road and visitor parking area will be held in common ownership. Schedule 2 shows the proposed layout of the development. Site Conditions and Surrounding Land Uses The subject lands currently have single detached dwellings with trees and landscape areas. The detached dwellings will be removed to facilitate this development. There is the 420 Highway and a church to the north, and single detached dwellings to the south, west and east of the proposed development. Circulation Comments 1. Regional Municipality of Niagara (the Region) • No objections subject to the implementation of the conditions contained in Appendix “A” 2. Municipal Works • No objections. The developer is to enter into a cost sharing agreement with the City to provide a storm sewer extension to service the land. This extension and related sewer separation will increase wastewater sewer capacities, reduce potential for surcharging during rain events and promote effective wastewater treatment benefiting the Page 2 of 26 Page 49 of 1156 community, the environment and growth, while minimizing costs of sewer upgrades that would come as a result of growth and development. 3. Building Services, Cogeco, OPG, MTO Fire Services, Park Design, GIS, Enbridge Gas, DSBN, Bell Canada and Canada Post • No objections, conditions requested by the various agencies have been included in Appendix “A” 4. Transportation Services • The City’s Transportation Services had no concerns with the traffic brief provided by the applicant, which demonstrates the traffic generated by this development can be accommodated within the existing road network. • A road widening of 2.94 metres is required along the frontage of 5610 & 5630 Dorchester Road. • An Environmental Assessment study is earmarked to study road improvements for this section of Dorchester Road. The EA study is a public process and residents will have the opportunity to provide comments at public meetings. Any recommended road improvements will come out of this study. Neighbourhood Open House and Public Submissions A remote neighbourhood open house was held on June 8, 2022 to introduce the proposal to area property owners. The plan shared with the residents included an 80 unit townhouse development. The remote open house was attended by 4 area residents. In addition, 2 letters of objection have been received to date. Residents Concerns The resident’s concerns are summarized as follows: • Density • Traffic • Crosswalk • Park Space • Servicing • Privacy • One Access instead of Two • Tree Preservation The applicant has since stated he would review the concerns of the residents and provide answers to these concerns. Schedule 3 contains a public response table provided by the applicant to address the neighbour’s concerns (agent to provide). Staff note the following: • The property is located on an arterial road, which permits up to 75-100 units per hectare. The development is proposed at 40 units per hectare and meets Provincial, Regional and Local policies. • The traffic impact study concluded that no road improvements are required due to the site generated traffic. An 80-unit townhouse complex is expected to generate less than 50 bidirectional trips in the peak hours. Transportation Staff had no issue with the study’s Page 3 of 26 Page 50 of 1156 findings. Dorchester Road, south of Frederica Street is earmarked for an Environmental Assessment (EA) study to evaluate solutions to forecasted traffic capacity constraints. This will be reaffirmed with the Transportation Master Plan update scheduled to begin next year. • Transportation Staff have stated they will carry out a study in September/October of this year. If warranted, a crosswalk could be installed at the earliest in 2023, pending Council approval of the project and capital budget. • The proposal provides double the minimum required landscaped open space. In addition, there is a park located on Cook Street and Prince Edward Avenue, which is about a 550 metre walk from the site (see Schedule 4). • A new stormwater sewer will need to be installed to service the development as well as an approved development to the south. The pipe is proposed to travel north along Dorchester Road from Leeming Street to Garden Street, then west along Garden Street to a proposed stormwater outlet into the Hydro Canal (see Schedule 5). The construction of this sewer has been included as a condition of draft plan approval. Municipal Works has no objections for the proposal with the inclusion of this condition. • Planning Staff recommend the applicant install larger caliper trees along the rear (eastern property line) of the development to provide further privacy for neighbouring properties. In addition, a 6-8 foot fence will be installed along all property lines. • Two accesses are preferred and recommended for emergency purposes. Two entrance/exits allow for emergency vehicles to come in and out of the property if a street or access is blocked for any reason. • The tree preservation plan assessed 143 trees, approximately 60-70 trees located on the subject property. There are 54 trees proposed as part of the submitted landscape plan in addition to 592 shrubs and 428 perennials. Through the Vacant Land of Condominium process, the landscape plan will be incorporated into the final agreement, if approved. Plantings of larger caliper trees (i.e. 75 mm or greater) in areas close to abutting properties are recommended where trees end up being removed. In addition, Staff are recommending a tree compensation plan of 1:1. A smaller ratio than other applications such as Riverfront is recommended as the subject trees are not considered a be a woodlot. The 1:1 ratio aids the City in maintaining its overall tree canopy. Analysis 1. Planning Act, Provincial Policy Statement and Growth Plan 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 transit supportive and minimizes land consumption and servicing costs through infill development, • The creation of 80 townhouse units within the Built-up Area will contribute to the City’s annual residential intensification rate and diversify the housing type available to residents, and • The proposed regulations will facilitate the development of the land to assist in accommodating housing needs for people of all ages, abilities, and incomes. Page 4 of 26 Page 51 of 1156 2. Regional Official Plan The subject land is designated Urban Area (Built-Up Area) in the Regional Official Plan. The proposed development conforms as follows: • The proposed development of the property will help contribute to the Region’s residential intensification target within the Built-Up Area, • The proposed development will utilize existing municipal services, and • The proposed development will provide an alternative form of housing and offer more options in the neighbourhood to meet the needs of a variety of households, populations, and income groups. 3. Official Plan The subject land is designated as Residential in the City’s Official Plan. The proposal complies with the intent of the Official Plan as follows: • The proposed development is permitted in the Residential designation and will contribute to providing a variety of housing options in the neighbourhood, • The proposal is 40 units per hectare, which is permitted in the City’s Official Plan. • The height and building setbacks are consistent with the existing built form and streetscape of the neighbourhood, • The proposed development contributes to the City’s annual residential intensification rate by adding 80 townhouse units within the Built-Up Area, and • The surrounding transportation network can support the proposed development. 4. Zoning By-law The subject lands are currently zoned Residential 1B Density (R1B), in part, and Institutional (I- 532), in part, in accordance with the Zoning By-law No. 79-200, as amended. The applicant is requesting the lands to be rezoned to a site specific Residential Low Density, Grouped Multiple Dwellings (R4) zone to permit townhouses. The site-specific changes include decreased lot area, interior side yard width, privacy yard depth, and parking regulations with increased lot coverage. The changes to the standard R4 regulations are summarized in the following table: ZONE REGULATIONS EXISTING REGULATIONS REQUESTED REGULATIONS Minimum lot area for a townhouse dwelling 250 square metres for each dwelling unit 248 square metres for each dwelling unit Minimum interior side yard setback 5 metres 4.2 metres Maximum lot coverage 35% 39.5% Parking spaces for each dwelling unit 1.4 1.25 Minimum privacy yard 7.5 metres 7.25 metres where the exterior rear wall of a townhouse unit faces the exterior rear wall of another townhouse unit Page 5 of 26 Page 52 of 1156 6.7 metres to the northern and southern lot lines The requested regulations can be supported for the following reasons: • The reduced lot area is a minor departure from the current regulation and staff do not anticipate any resulting adverse impacts. • The reduced interior side yard setback will provide adequate space to maintain and access the side of the townhouse buildings. Staff do not anticipate any resulting adverse impacts. • The increased lot coverage is suitable as the proposal contains more than double the required minimum landscaped open space. To ensure the amount of proposed landscaped open space is maintained, Staff are recommending an increased open landscaped space of 95 square metres for each dwelling unit whereas 45 square metres is the requirement. • The reduced parking regulation can be supported as each unit has two parking spaces consisting of one space in the driveway and one in the garage. Tandem spaces are not counted towards parking regulations under the City’s Zoning By-law. In addition, Transportation Services has no objections to applying a 1.25 parking spaces per unit rate. • The requested reductions to the required privacy yard can be supported as suitable setbacks are being maintained, an acceptable building envelope remains, and it facilitates a compact urban form. 5. Condominium Design and Conditions of Approval The Plan of Condominium will accommodate the intended division of the land into vacant units of land for individual ownership. The plan includes a private common road off Dorchester Road and visitor parking areas. In considering a proposed plan of condominium, Council shall have regard to the planning matters listed under Section 51(24) of the Planning Act. The development complies with these matters as follows: • The proposed development complies with matters of Provincial interest and Provincial policies and conforms to the Regional and Local Official Plan; • The draft plan is not premature as the lands are suitable for development, designated for residential development, and services are readily available. The development is in the public interest as it facilitates the development of additional housing supply and new housing forms within this area; • Adequate access will be provided from Dorchester Road, which provides access to the transportation network; • Each unit will be a conveyable unit of land and will provide space for the dwelling unit with front and rear exclusive use and amenity areas; • The proposed development can be adequately serviced by water, sanitary and storm water once the condition to install a new stormwater pipe has been cleared as indicated by the Functional Servicing Report and reviewed by the City; • The subject lands are located within approximately 1.0 kilometre of three elementary schools which can serve the development; and, Page 6 of 26 Page 53 of 1156 • Site plan matters and site works, including landscaping, servicing, tree planting, the provision of lot drainage to avoid impacts on abutting properties, lighting, access, and road widening, will be address through a condominium agreement that will be registered on title. Works shall be secured through the collection of security to be held until it has been satisfactorily completed and certified. Appendix A contains the recommended conditions of approval including but not limited to, the installation of a new stormwater pipe, a road widening, parkland dedication, warning clauses, planting of larger trees, and Ministry of Transportation requirements. Financial Implications/Budget Impact The proposed development will generate development charge contributions and property tax revenue for the City. A cost sharing agreement will be executed between the developer and the City for the new stormwater pipeline included in the draft plan conditions. 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 Appendix A - Conditions of Draft Plan Approval Schedule 1 - Location Map Schedule 2 - Draft Plan of Vacant Land of Condominium Schedule 3 - Site Plan Schedule 4 - Public Comment Responce Table Schedule 5 - Neighbourhood Park Location Schedule 6 - Proposed Stormwater Pipe Written by: Alexa Cooper, Planner 2 Submitted by: Status: Andrew Bryce, Manager, Current Planning Approved - 29 Jul 2022 Jason Burgess, CAO Approved - 02 Aug 2022 Page 7 of 26 Page 54 of 1156 APPENDIX A Conditions of Draft Plan Approval 1. Approval applies to the Draft Plan of Vacant Land Condominium prepared by Upper Canada Consultants, dated July 27, 2021, showing 80 units of vacant land for dwelling units as well as a common private road and parking areas. 2. The developer submit to the City’s Senior Zoning Administrator all necessary drawings and information, including, but not limited to site elevation and landscaping drawings, to confirm zoning compliance. 3. The developer provide five copies 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. 4. The developer’s arborist/landscape architect work with City staff to plant larger caliper trees to the satisfaction of the City. 5. That the trees removed as identified in the Tree Inventory Report and Preservation Plan 1.0 (prepared by Arborwood Tree Service Inc. June 6, 2021) be replaced at a 1:1 ratio on the subject land and on City owned lands to maintain the City’s tree cover. 6. The developer enter into a Vacant Land Condominium Agreement with the City, to be registered on title, 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 Vacant Land Condominium Agreement, they may be required to become party to the Vacant Land Condominium Agreement for the purpose of enforcing such conditions. 7. The developer submit a Solicitor’s Certificate of Ownership for the land to the City Solicitor prior to the preparation of the Vacant Land Condominium Agreement. 8. The developer provide a landscape plan, prepared and stamped by a Landscape Architect (OALA). Any changes will be part of this review. The landscape plan shall have regard for tree removals along the perimeter interface between the subject lands and adjacent residential properties. Where trees are recommended for removal along this interface, new large caliper nursery trees shall be planted as compensation. Considerations for walkability should be made. Where possible sidewalks shall be installed to better facilitate pedestrian circulation. 9. The developer shall implement the recommendations of the Tree Inventory Report and Preservation Plan 1.0 (prepared by Arborwood Tree Service Inc. June 6, 2021). Recommended tree protection zones shall be illustrated on all site drawings and site grading/servicing plans shall be implemented with regard for these areas. 10. The developer pays the City cash-in-lieu of 5% parkland dedication as determined by a qualified appraiser. Page 8 of 26 Page 55 of 1156 11. The developer dedicates a 2.94 metre road widening along Dorchester Road frontage of the town southern parcels municipally known as 5610 and 5630 Dorchester Road to the City of Niagara Falls, to the satisfaction of the Municipal Works Department. 12. Roadways are to be constructed to Municipal Standards. 13. The developer will be responsible to construct Dorchester Road to an urban cross section as required to service the development with costs to be shared with the City as applicable. 14. The water distribution system shall be designed and constructed in accordance with the MECP Guidelines and City Standards. Testing of the new mains shall be completed in the presence of a Certified Water Operator and City Operator/Inspector and completed using the City’s Watermain Commissioning Checklist. 15. The developer is to prepare a Hydrant coverage drawing to ensure adequate fire protection. 16. The sanitary sewer collection system within the development shall be designed and constructed in accordance with the MECP Guidelines and City Standards. 17. Review of the local Municipal storm 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. 18. The stormwater management plan shall be designed and implemented in accordance with the MECP Guidelines and applicable regulatory Agencies to the satisfaction of the City of Niagara Falls including all maintenance accessory works. 19. An overland flow route be designed within the right-of-way for major storm events and constructed in accordance with the MECP Guidelines and City Standards. 20. Weeping tiles 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 yard. 21. Proposed underground storage for this development shall be constructed and designed to meet the City Standard. 22. Additional upsizing of such services including distribution through the Development will be made to the City’s satisfaction with costs to be shared with the City as applicable. 23. The developer is to enter into a cost sharing agreement with the City to provide a storm sewer extension to service the lands. The proposed sewer system servicing shall be designed and constructed in accordance with MECP Guidelines and City Standards. 24. The developer will be responsible for extending existing Storm systems along Dorchester Road and Garden Street as required to service the development. Page 9 of 26 Page 56 of 1156 25. The developer shall construct sidewalks connecting to the existing municipal sidewalk for pedestrian connectivity. The developer shall replace all municipal sidewalk damaged during construction in accordance with City Standards. 26. Lot grading to be designed and constructed in accordance with City Standards. 27. The Proponent pays the applicable development charges in place at the time of Vacant Land of Condominium agreement (proposed 80 unit condominium) execution and building permit issuance in accordance with By-Law 2019-80, as amended. 28. Lighting designs to be prepared by a professional engineer. Design to be independently powered and metered. Photometric plans to be submitted, demonstrating zero impact on neighbouring properties. 29. The applicant to provide to the City all proposed site servicing, grading and photometric plans for the subject property for review and approval prior to start of construction. 30. The applicant must pay to the City the required fees for Administration as per the above. 31. Engineering Consultant to provide written acceptance that the works completed conforms with the City’s Accepted Drawings and in accordance with the NPSCD and City construction specifications. 32. The developer provide the necessary servicing drawings to Fire Services, to confirm compliance of the development with Section 3.2.5.7 of the Ontario Building Code, including the location of the fire hydrants. Fire hydrants to be identified will be considered private hydrants and as such will be subject to the testing and maintenance requirements of the Ontario Fire Code. Landscaping including plantings shall not obstruct the fire access route. 33. The developer submit a request to the Fire Department to designate through municipal by-law, a fire access route on the property. The fire access route shall comply with the requirements of the Ontario Building Code and the necessary “No Parking” signs shall be provided and installed at the developer’s expense. No parking will be permitted on any portion of the fire access route. 34. The Owner acknowledges and agrees to convey any easement(s) as deemed necessary by Bell Canada to service this new development. The Owner further agrees and acknowledges to convey such easements at no cost to Bell Canada. 35. The Owner agrees that should any conflict arise with existing Bell Canada facilities where a current and valid easement exists within the subject area, the Owner shall be responsible for the relocation of any such facilities or easements at their own cost. Page 10 of 26 Page 57 of 1156 36. The Owner is to contact Bell Canada at planninganddevelopment@bell.ca during the detailed utility design stage to confirm the provision of communication/ telecommunication infrastructure needed to service the development. Note: It is the responsibility of the Owner to provide entrance/service ducts from Bell Canada’s existing network infrastructure to service this development. In the event that no such network infrastructure exists, in accordance with the Bell Canada Act, the Owner may be required to pay for the extension of such network infrastructure. If the Owner elects not to pay for the above noted connection, Bell Canada may decide not to provide service to this development. 37. The applicant shall contact Enbridge Gas 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. 38. 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. 39. 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. 40. The owner shall complete to the satisfaction of the Director of Municipal Works of the City of Niagara Falls and Canada Post: a. Include on all offers of purchase and sale, a statement that advises the prospective purchaser: i. that the home/business mail delivery will be from a designated Centralized Mail Box. ii. that the developers/owners be responsible for officially notifying the purchasers of the exact Centralized Mail Box locations prior to the closing of any home sales. b. The owner further agrees to: i. work with Canada Post to determine and provide temporary suitable Centralized Mail Box locations which may be utilized by Canada Post until the curbs, boulevards and sidewalks are in place in the remainder of the subdivision. ii. install a concrete pad in accordance with the requirements of and in locations to be approved by Canada Post to facilitate the placement of Community Mail Boxes. Page 11 of 26 Page 58 of 1156 iii. identify the pads above on the engineering servicing drawings. Said pads are to be poured at the time of the sidewalk and/or curb installation within each phase of the plan of subdivision. iv. determine the location of all centralized mail receiving facilities in co- operation with Canada Post and to indicate the location of the centralized mail facilities on appropriate maps, information boards and plans. Maps are also to be prominently displayed in the sales office(s) showing specific Centralized Mail Facility locations. 41. The developer construct sidewalks within the condominium to facilitate student travel to school/bus stop locations. 42. That the condominium agreement includes a clause requiring the owner to implement the recommendations of the Noise Feasibility Study prepared by Howe Gastmeier Chapnik Limited (dated April 14, 2022). 43. That the condominium agreement includes the following clauses relative to noise impacts: a. The owner agrees to include the following warning clauses in all agreements of purchase and sale and/or leads for the specified units: i. Blocks 1 and 13:  Purchasers/tenants are advised that sound levels due to increasing road traffic may occasionally interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Municipality and the Ministry of the Environment, Conservation and Parks.  Purchasers/tenants are advised that despite the inclusion of noise control features in the development and within the building units, sounds levels due to increasing road traffic may occasionally interfere with some activities of the dwelling occupants as the sound levels exceed the Municipality’s and the Ministry of the Environment, Conservation and Parks’ noise criteria.  That the acoustical berm and/or barrier as installed, shall be maintained, replaced and repaired by the owner. Any maintenance, repair or replacement shall be with the same material, or to the same standards, and having the same colour and appearance of the original.  This dwelling unit has been designed with the provisions for adding central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Municipality and the Ministry of the Environment Conservation and Parks.  Purchasers are advised that due to the proximity of an existing institutional building, sound levels from the facilities may be at times audible. Page 12 of 26 Page 59 of 1156 ii. Blocks 2, 3, 5, 6 and 14:  Purchasers/tenants are advised that sound levels due to increasing road traffic may occasionally interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Municipality and the Ministry of the Environment, Conservation and Parks.  This dwelling unit has been designed with the provision for adding central air conditioning at the occupant’s discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Municipality and the Ministry of the Environment Conservation and Parks.  Purchasers are advised that due to the proximity of an existing institutional building, sound levels from the facilities may be at times audible. iii. Blocks 4, 7, 8, 9, 10, 11 and 12  Purchasers are advised that due to the proximity of an existing institutional building, sound levels from the facilities may be at times audible. b. Prior to the issuance of a building permit, the owner agrees to submit verification from a Professional Engineer qualified to perform acoustical engineering services in the Province of Ontario that the building plans implement the noise control recommendations of the Noise Feasibility Study, prepared by Howe Gastmeier Chapnik Limited (dated April 14, 2022), in their entirety. 43. That the subdivision agreement contain provisions whereby the owner agrees to install and maintain the acoustic and visual barrier along the western portions of Blocks 1 and 13 (as depicted on Figure 3 of the Noise Feasibility Study by HGC Engineering, dated April 14, 2022). 44. 45. That the owner provides a written acknowledgement to Niagara Region Planning and Development Services Department stating that draft approval of this condominium 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 eb at the sole risk and responsibility of the owner. 46. That the owner submit a written undertaking to Niagara Region Planning and Development Services Department that all offers and agreements of Purchase and Sale, which may be negotiated prior to registration of this condominium, shall contain a clause indicating that a servicing allocation for this development will not be assigned until the plan is registered, and a similar clause be inserted in the condominium agreement. 47. That prior to final approval for registration of this plan of condominium, the owner shall submit the design drawings [with calculations] for the storm drainage system Page 13 of 26 Page 60 of 1156 required to service this development and obtain the necessary Environmental Compliance Approval Certificate from the Ministry of the Environment, Conservation and Parks (MECP). 48. That prior to approval of the final plan or any on-site grading, the owner shall submit a detailed stormwater management plan for the vacant land of condominium and the following plans designed and sealed by a qualified professional engineer in accordance with the Ministry of the Environment, Conservation and Parks documents entitled Stormwater Management Planning and Design Manual March 2003 and Stormwater Quality Guidelines for New Development, May 1991, or their successors to Niagara Region Planning and Development Services for review and approval: 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 erosion and sedimentation control plans; Further that the condominium agreement between the owner and the City contain provisions whereby the owner agrees to implement the approved plans required in accordance with this condition. 49. That a revised Draft Plan be submitted showing the location of the waste collection pads required to service Units 17-20 and Units 31-34, designed in accordance with Regional requirements. 50. That the owner/developer shall comply with Niagara Region’s Corporate Policy for Waste Collection and complete the Application for Commencement of Collection and Indemnity Agreement. 51. That the following clause be included in the Condominium Agreement and inserted into all Offers and Agreements of Purchase and Sale or Lease for the affected dwelling units: a. Purchasers/Tenants of townhouse units 17-20 and 31-34 are advised that in order to accommodate Regional Curbside Waste Collection Services, waste and recycling containers will need to be bought to designated waste collection pads on the required collection day. 52. That the developer submits to the satisfaction of the Ministry of Transportation: the Draft Plan/Engineering Drawings, Drainage Plan/Report, and Traffic Impact Study. 53. The developer shall secure Ministry of Transportation permits prior to the commencement of any on-site works. 54. That all proposed entrance(s) must comply with the Ministry of Transportation’s Highway Access Management spacing requirements. Page 14 of 26 Page 61 of 1156 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: - Planning Division for Conditions 1-5 (inclusive) - Legal Services for Condition 6 & 7 - Parks Design for Conditions 8-10 (inclusive) - City’s Transportation Services for Condition 11 - Municipal Works Department for Conditions 12-31 (inclusive) - Fire Services for Conditions 32 and 33 - Bell Canada for Condition 34-36 (inclusive) - Enbridge Gas for Condition 37-39 (inclusive) - Canada Post for Condition 40 - District School Board of Niagara Condition 41 - Region of Niagara for Conditions 42-51 (inclusive) - Ministry of Transportation for Conditions 52-54 (inclusive) Page 15 of 26 Page 62 of 1156 SCHEDULE 1 (Location Map) Page 16 of 26 Page 63 of 1156 SCHEDULE 2 (Draft Plan of Vacant Land of Condominium) Page 17 of 26 Page 64 of 1156 SCHEDULE 3 (Site Plan) Page 18 of 26 Page 65 of 1156 Peter J. Lesdow A r c h i t e c t PETER J. LESDOW ARCHITECT MRS. ALEXA COOPER, PLANNER 2 CITY OF NIAGARA FALLS PLANNING & DEVELOPMENT 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 July 22, 2022 RE: WRITTEN RESPONSE TO JUNE 8, 2022, OPEN HOUSE MEETING DORCHESTER TOWNHOUSE DEVELOPMENT, FW: 5610, 5630 & NORTH PROPERTY DORCHESTER ROAD AM-2022-010 & 26CD-11-2022-004 Dear Mrs. Cooper, As discussed, to help identify and clarify issues noted during the June 8th Open House Meeting for the above-described Re-Zoning and Vacant Land Condominium project, below is our written response to those comments and concerns. Present at the Zoom meeting were: Judy & Ron Giberson Lesley Donaldson Ryan Schertzing Lori Lococo Michael Colaneri Jr. Rocco Vacca Peter Lesdow 6803 High Street, Niagara Falls 5553 Woodland Boulevard, Niagara Falls Niagara Falls Alderman, City of Niagara Falls Applicant Solicitor of the Applicant Project Architect, Applicants Agent Noted neighbouring property owners’ comments and concerns put forth during the meeting are written in green with our responses in black text. All are found on the following pages. 9157 Niagara Parkway Niagara Falls, Ontario L2G 0N8 905-357-1112 plesdow@cogeco.net Page 19 of 26 Page 66 of 1156 LESLEY DONALDSON 1. Noted her concern with trees which were removed from the site in the winter/ spring of 2021, stating some that were removed were homes to squirrels which lost their homes. During the meeting it was noted that prior to the removal of trees, brush, etc. from the site, Mr. Colaneri approached me about the possibility of doing so. At the time Ontario was under Covid lockdown restrictions and he wanted to keep his employees working outdoors. In discussions with Mr. John Stewart, a certified arborist of Arborwood Tree Services Inc. it was determined that no trees were to be removed within a 10-to-20-foot distance along any property line adjoining with a neighbour. Those trees were to remain until he prepared his report identifying trees which were healthy and therefore to remain. This was done out of respect for the neighbours so that trees that directly affect them would remain for as long as possible. Evidence of this is that two remaining trees which were not healthy fell over onto a neighbouring shed of a property on Woodland Boulevard. As per the direction of the City of Niagara Falls the Owner removed these two trees. These were trees reviewed by Mr. Stewart earlier, and in his final report they were noted to have been removed; he also noted there were no sensitive species on the site. When asked if some trees we identified could remain, his response was that based on their condition and the stress the development would have on them, it was best to remove them. He had also stated it would be better to replace trees removed with new, healthier trees which would grow in their new condition once the development was complete. Mr. Stewarts identifies 143 trees across and adjacent to the site, and identifies those which are to remain, providing a tree protection plan for their survival. During the Open House meeting, trees on the site plan to remain were shown to the neighbours. In the Re-Zoning & Vacant Land Condominium application submission there is a landscape plan prepared by a Landscape Architect, Zara Brown, which provides for extensive landscaping across the site. This plan provides for new trees, and as described below, it was agreed that trees added to the site will have a larger caliper than provided on Mrs. Browns plan. 2. Inquired if the new trees caliper size to be planted in the development could be increased to the same size agreed by the developer of the adjacent south townhouse development recently approved. It is agreed at this time that the trees planted in the development will have increased caliper sizes consistent with those proposed for the adjacent townhouse development to the south. 3. Noted that she has concerns for her privacy as she lives on Woodland Boulevard and her property backs onto the development. To address this concern, during the meeting it was discussed that the rear yards of the development at its nearest point adjoining the neighbours to the east along Woodland Boulevard is 7.5m, which meets the City By-Law. The fact is that this occurs at only one point; due to the irregularity of the lot lines the rear yard setbacks are greater, up to 9.5m at its deepest. It should be noted this rear yard setback is the same as required for any single-family detached Page 20 of 26 Page 67 of 1156 home zoning in the City’s Zoning By-Law. Couple this rear yard setback with the average rear yard setback of approximately 40m (130 feet) to the residences along Woodland Boulevard, the distance between the rear face of the buildings is on average approximately 50m (164 feet). Under these conditions the distance between the rear face of the buildings is far more than the minimum 15m (49 feet) required by the City’s Zoning By-Law. It can be stated the existing homes on Woodland Boulevard will continue to have greater privacy than most properties in the City. That said, to better maintain the privacy these properties currently enjoy and for the privacy of residents of the proposed townhouses, a closed-board wood fence will be provided along the property lines by the developer. If further privacy is required it was suggested coniferous trees such as cedars, which grow to 3.7m (12 feet), could be planted along the above-noted fence. RYAN SCHERTZING 1. Suggested a public park be introduced in the development for children to play. At the meeting it was noted the City’s Prince Edward Park is near the Dorchester Townhouses site. Mr. Vacca noted he was part of a different hearing where the question of how far a public park should be from a development, and stated Prince Edward Park’s distance from the site is well within the standard approved at that hearing. After the meeting our office determined the actual distance from the Dorchester Townhouses site to the park using municipal sidewalks is 525m, just over a half-kilometer. The path is north along Dorchester Road, east along Frederica Street, south along Prince Edward Avenue, then east into the park. There was also a concern that children would use the backyards of neighbours along Woodland Avenue to gain access to the park. They were assured this would be impossible because the proposal calls for a continuous closed-board fence along the property lines. At the meeting it was also explained that each townhouse unit has a backyard where children can play. 2. Suggested that one of the entrances into the site be redirected through the Niagara Worship Centre’s parking lot to the north. Mr. Vacca responded that this was not possible. The church has no legal obligation to provide access through their property to the Dorchester Townhouse site. Page 21 of 26 Page 68 of 1156 3. Wanted to know the status of a Traffic Study for the area which the City’s Traffic Department is to undertake. Based on this study he was hoping it could suggest that improvements to traffic flow along Dorchester Road and the introduction of pedestrian crosswalks. Alexa Cooper had addressed this enquiry stating the City’s Traffic Department is currently developing the study, but she could not give a precise time when it would be completed. In addition to this, with respect to this development, a traffic study was prepared by R.V. Anderson Associates Limited. The study considered the traffic generated from the approved adjacent townhouse development to the south, traffic in the surrounding area (adjusted to non-Covid traffic), as well as this development’s generated traffic. The study concluded that this development would have no impact to the existing transportation network. 4. Had concern with the development regarding how it would affect property values in the area. Prior to responding to this, at the meeting there was a general consensus the development’s townhouses were attractive. To address the concern the following was provided. The developments design was prepared to attract a more high-end market, which is supported by the beautiful elevations and renderings which were part of the application and complemented by several attendees of the meeting. The drawings provided show the size of the townhouse units at 162.58m² (1,750 square feet) and the amount of landscaping provided exceeds the City’s By-Law requirements by nearly two-and-a-half times. It was also expressed that to compliment this development with its Dorchester Road surrounding area, several design considerations were made:  To integrate this development with the existing residential development along Dorchester Road, units facing this road have their elevations designed as if they were the “front façade” of a house. They are oriented to the street with front yard landscaping along the road which will provide a continuous streetscape integrated with this section of Dorchester Road.  The By-Law allows for eight units in a row for a townhouse, but this proposal limits blocks to five and six units. This makes for smaller building blocks eliminating the ‘train like’ proportion of longer buildings, more in keeping with the residential scale of the area.  Building heights are also limited to two stories, complimenting the many surrounding two storey residences. Roof lines are also broken by elevation roof peaks which add to the character of the architecture and help break down the necessary large roof masses.  An appropriate ‘Tudor-type’ architectural form was chosen so the development is in keeping with the many Tudor style houses found in the area. This development’s scale, architecture, and its sensitive design to integrate with its surrounding should have a market price point similar to it surrounding properties and should not detract from the property values in the area. In addition to this, it was stated that its possible residents currently living in this neighbourhood who have single-family homes may wish to down-size but don’t want to leave the area. By moving to this development, they have the opportunity to remain in their neighbourhood. Page 22 of 26 Page 69 of 1156 5. Inquired if the Environmental Assessment for the combined sewers and storm water separation had been completed as promised at the time of City Council’s approval of the adjacent south townhouse development. During the meeting it was reported that Nick Golia of the City’s Engineering Department was working with Upper Canada Consultants in preparing the Environmental Assessment. Upper Canada Consultants are the same Civil Engineering firm that prepared the Functional Servicing Report for this Development’s application for Re-Zoning and Vacant Land Condominium. It was also stated that this development would provide its share of the costs in implementing a plan to address the storm water issues in the area and the combined sewers and storm water separation. At the meeting it was reported that there were three alternate plans which were developed to address the issues which Mr. Golia was negotiating with Hydro to discharge storm water from the area into the hydro canal. The assessment is nearing completion. At the time of writing this response, our team is scheduled to meet with Mr. Golia to discuss the conclusion of the plan and how to move forward. My understanding is that Mr. Golia will be providing the Environmental Assessment and his report to City Council on August 9th, 2022. RON & JUDY GIBERSON 1. Raised concern with traffic along Dorchester Road and inquired whether widening of the road would occur. The proposals property will be severed to provide a 2.94m (10’-0”) wide strip of property along 5610 & 5630 Dorchester Road to be deeded to the Niagara Region. This is noted on drawing A-1 of the Re-Zoning Application. This land is intended be used for Dorchester Roads widening to help alleviate traffic as Mr. Giberson suggested. 2. Felt the two access lanes from Dorchester Road should be reduced to one. It was explained at the meeting that the City of Niagara Falls Fire Department requests that there be two entrances into sites of every condominium development of this size. They request this because if one entrance is blocked for whatever reason, emergency vehicles such as fire, police or ambulance will still have access to the entire property. The two-entrance design was supported by attendee Lesley Donaldson whose job title is Commander/ Manager Operations at Niagara EMS in Niagara Falls. 3. Felt the property was too dense and suggested it should be reduced from 80 to 60 units. In support of the proposed development density, at the meeting it was stated that:  The 80 units proposed conformed to the density standards of both the Niagara Falls Official Plan and By-Law 79-200 R4 Zone prior to the deeding of the 2.94m widening to the Niagara Region.  After the road widening dedication there is only a 0.006% (6 one-thousandth of a percent) deviation from the City’s By-Law requirements. Page 23 of 26 Page 70 of 1156  The townhouses two-storey height conforms to the Zoning By-Laws R4 Zone. The townhouse blocks are predominantly four or five units, which is much smaller than the eight unit blocks the By-Law allows.  The site-specific deviations of this development from the R4 Zone are minor. It should be noted the minimum deviation is 3% and the maximum is 10%.  The Landscaping area required as per the R4 Zone is 3,600m². This development provides 9,478m², which is 2.6 times more than the requirement. 4. Raised concerned that there was not enough parking on site for the development. To address this concern the following was presented at the meeting. The City’s By-Law requirement is 1.4 parking spaces per dwelling unit, where this 80-unit development provides 1.25 parking spaces. This is made up of each dwelling unit having a parking space for a total of 80, plus 20 dedicated visitors parking spaces for communal use. It was stated that other municipalities such as Welland, St. Catharines, and Niagara-on-the-Lake allow in their by-laws between 1.0 to 1.25 parking spaces per unit for multiple residential developments which this proposal would conform to. It was also stated that in Niagara Falls tandem parking spaces that require one vehicle to move to allow another to exit are not counted as required spaces. In this development the required spaces are in the garage of each dwelling unit, and in addition to these there is a parking space provided in each driveway. That said there are 180 functional parking spaces on this site provided for the developments 80 townhouse units, all meeting the dimensional requirements of the City’s By-Law. I trust in our oral responses during the June 8th Open House and this written response, we have addressed the concerns and comments put forth by the attendees. I must assume there were not any written comments from the surrounding neighbours which need a written response, so there is nothing else we can add to this document. However, if there are any written comments, please provide them to our office at your earliest opportunity so they can be properly addressed before the August 9th Council Meeting. Thank you for your assistance in this Re-Zoning and Vacant Land Condominium application. Respectfully, Peter J. Lesdow B.A., B.Arch., O.A.A., M.R.A.I.C., N.C.A.R.B. cc. Michael Colaneri Sr. Michael Colaneri Jr. Rocco Vacca Craig Rohe Page 24 of 26 Page 71 of 1156 SCHEDULE 5 (Neighbourhood Park Location) SUBJECT LANDS Page 25 of 26 Page 72 of 1156 SCHEDULE 5 (Neighbourhood Park Location) SUBJECT LANDS Page 26 of 26 Page 73 of 1156 5630, 5610, & 272506001402150 Dorchester Road –AM-2022-010, 26CD-11 -2022-004 Applicant: Loyalist Crossing Development Inc. (Michael Colaneri) Agent: Peter Lesdow Proposal: To rezone the lands a site specific R4 zone to permit 80 townhouse units Zoning By-law Amendment & Draft Plan of Vacant Land Condominium Applications AM-2022-010, 26CD-11 -2022-004 –5630, 5610 & 272506001402150 Dorchester Road Page 74 of 1156 A GREAT CITY…FOR GENERATIONS TO COME Detached dwellings PROPOSED DEVELOPMENT Detached dwellings Location Church Park 420 Hwy Page 75 of 1156 A GREAT CITY…FOR GENERATIONS TO COME Draft Plan 80 Block Townhouse Units Dorchester RoadPage 76 of 1156 A GREAT CITY…FOR GENERATIONS TO COME Landscape Plan Dorchester RoadPage 77 of 1156 A GREAT CITY…FOR GENERATIONS TO COME Renderings Dorchester Road Southeast Lane Page 78 of 1156 A GREAT CITY…FOR GENERATIONS TO COME Background •Applicant has requested approval for a Zoning By-law amendment and Draft Plan of Vacant Land Condominium applications for approximately 2.0 ha (4.9 acres) of land. •The land is zoned Residential (R1B) Density, in part, and Institutional (I-532), in part, under Zoning By-law No. 70-200, as amended. •The Zoning By-law amendment requests the subject land be rezoned to a site specific Residential Low Density, Grouped Multiple Dwelling (R4) zone to facilitate the development of 80 block townhouse units. •The Draft Plan of Vacant Land Condominium application would create units of land for sale and purchase and deal with technical matters such as grading, landscaping, lighting, etc.Page 79 of 1156 A GREAT CITY…FOR GENERATIONS TO COME Proposed Zoning (R4-XX) Minimum Lot Area 248.5sq.m./unit (req’d 250sq.m./unit) Maximum lot coverage 39.5% (permitted 35%) 1.25 parking spaces per unit (1.4 req’d) Minimum privacy yard depth 7.25m (7.5m req’d) Minimum interior side yard width 4.2m (req’d 5.0m) Minimum privacy yard depth 6.7m (req’d 7.5m) Minimum privacy yard depth 6.7m (req’d 7.5m)Page 80 of 1156 A GREAT CITY…FOR GENERATIONS TO COME Open House –June 8 1/2 Comment/Concern Staff Response •Density •75-100 UPH is permitted, proposed is 40 UPH. •Traffic/Access •Less than 50 bidirectional trips anticipated in the peak hours, TIS concluded that no road improvements are required •Transportation Staff had no issue with TIS conclusions •An EA will be completed to evaluate solutions to forecasted traffic capacity constraints. This will be done through the Transportation Master Plan update scheduled to begin next year •Two accesses are preferred and recommended for emergency purposes •Crosswalk •Transport Staff will carry out a study in Sept/Oct. If warranted, a crosswalk could be installed 2023, pending Council approval at Dorchester Road and High Street. •Park Space •Double min. landscape space is provided, and a park is located on Cook Street & Prince Edward Ave, approx. 550m walk from the site Page 81 of 1156 A GREAT CITY…FOR GENERATIONS TO COME Open House –June 8 2/2 Comment/Concern Staff Response •Servicing •New stormwater sewer to be installed as part of draft conditions of approval. Municipal Works has no objections with the inclusion of this condition. •Privacy •Recommend larger caliper trees be installed along the rear of the development where is abuts existing residential development •Tree Preservation •Staff recommend a tree compensation plan of 1:1 to help maintain the City’s tree canopy Page 82 of 1156 A GREAT CITY…FOR GENERATIONS TO COME Planning Analysis •The proposal conforms to Provincial, Regional, and Local policies •Staff have no concerns with the requested zoning exceptions Page 83 of 1156 A GREAT CITY…FOR GENERATIONS TO COME •Proposed development conforms to Planning matters contained in the Planning Act as it is transit supportive, assists in the creation of a complete community, and minimizes land consumption and servicing costs. •Draft Plan Conditions will address the installation of a new stormwater pipe, tree compensation, road widenings, parkland dedication, warning clauses, servicing, fencing and trees to buffer neighbours. Condominium Design and Conditions of Approval Page 84 of 1156 A GREAT CITY…FOR GENERATIONS TO COME Recommendation •That Council approve the proposed Zoning By-law Amendment and Draft Plan of Vacant Land of Condominium as outlined in report PBD-2022-55.Page 85 of 1156 1 From:Ryan Schertzing < > Sent:Tuesday, June 14, 2022 12:17 AM To:Alexa Cooper Cc:Lori Lococo; Ronald Giberson Subject:Re: Open House Follow-Up - 5610, 5630, & property to north Dorchester Rd Hi Alexa Thanks for the email back. The residents are asking for the city to complete a detailed EA of the corridor between lundys lane and Hwy 420 prior to the approval of any future developments. This new proposal of 80 units in addition to the already approved development of 67 (which residents already strongly opposed) will create great change to the neighbourhood. All factors need to be considered not limited to recommended upgrades to sewer Infrastructure. These are not a small developments. The density is being increased 4x size in a one city block. Without a proper EA which is what we were told was being done....How can you reasonably assess all of the factors which may adversely affect the residents? Without carefully examining all the factors you cannot Identify the bottlenecks or problem areas that may require additional mitigation measures. The city is having a strong reliance on consultants opinions which have been hired by the developers for their own interest. Their opinions are rather subjective and do not provide any factual data to support their recommendations. We want to hear from the city or an independent consultant hired by the city! When residents raised concerns about the last development we were informed the city that an EA was being completed. This is a very reasonable request to satisfy the residents for this proposed development or another future development(s) such as the old Acres property, A proper study should be commissioned by the city - and completed by a 3rd party. These recommendations coming out of such a study will look at all factors. Why wouldn't the city want to understand all these impacts before approving developments? It's in everyone's best interest. Such a study would provide reliable data that may suggest proper road widenings that can be completed at the same time as a storm sewer Install? If the road is getting ripped up you mind as well do it right the first time. Some of these costs$$ to do a road widening relocating utilities can happen at the same time and be 50% paid for by city and developer as a precondition along with the sewer. Not just the minimum what they proposing. Just like you mentioned the pipe needs to go in the ground first. Why not the road too? Why would the city want to absorb these costs for road widening in the future. There are u/g utilities to relocate and hydro/light poles sidewalks potentially. Some of these will have to get moved for the storm sewer and then get moved again for a wide roadening? As a taxpayer that just seems silly to me. This is why an EA is necessary to get all recommendations and in advance. We as residents are not against development but would ask that the city take more sensible approach and plan accordingly. Thanks for your feedback on the crosswalk. I have attached a link for something that would be a great safety improvement for pedestrians https://www.tapconet.com/product/rrfb-pedestrian-crosswalk-system Thanks Ryan Get Outlook for Android Page 86 of 1156 2 From: Alexa Cooper <acooper@niagarafalls.ca> Sent: Monday, June 13, 2022, 9:41 a.m. To: Ryan Schertzing < > Subject: Open House Follow-Up - 5610, 5630, & property to north Dorchester Rd Hi Ryan, I have looked into the inquiries I promised to follow up on from the above noted open house meeting from the 8 th of June. The questions I followed-up on were:  Can a crosswalk go in at Dorchester and High St?  Is stormwater part of the EA? I spoke with our transportation department about the crosswalk. They have indicated that they will be conducting a study in Sept/Oct to see if a pedestrian crossover (PXO) is warranted at this location. If warranted, a PXO may be installed in 2023 at the earliest, pending Council approval of the project Stormwater is not part of the Environmental Assessment of the road. I do want to reiterate that the developer will be responsible for extending existing storm systems along Dorchester Road and Garden Street as required to service the development. This will be included as a condition before they can obtain building permits, if approved 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 To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet.City of Niagara Falls Logo niagarafalls.ca 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 Page 87 of 1156 1 From:Jesse Monica < > Sent:Wednesday, June 8, 2022 5:50 PM To:Alexa Cooper Subject:[EXTERNAL]-Development. Follow Up Flag:Follow up Flag Status:Flagged Hi Alexa Cooper. My name is Jesse Horan my wife’s name is Monica Tool we are the owners of I did not receive the notice of development until today it was sent to the wrong address. We oppose of this development. Please contact me at 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 88 of 1156 1 From:Ryan Schertzing < > Sent:Tuesday, June 14, 2022 12:17 AM To:Alexa Cooper Cc:Lori Lococo; Ronald Giberson Subject:Re: Open House Follow-Up - 5610, 5630, & property to north Dorchester Rd Hi Alexa Thanks for the email back. The residents are asking for the city to complete a detailed EA of the corridor between lundys lane and Hwy 420 prior to the approval of any future developments. This new proposal of 80 units in addition to the already approved development of 67 (which residents already strongly opposed) will create great change to the neighbourhood. All factors need to be considered not limited to recommended upgrades to sewer Infrastructure. These are not a small developments. The density is being increased 4x size in a one city block. Without a proper EA which is what we were told was being done....How can you reasonably assess all of the factors which may adversely affect the residents? Without carefully examining all the factors you cannot Identify the bottlenecks or problem areas that may require additional mitigation measures. The city is having a strong reliance on consultants opinions which have been hired by the developers for their own interest. Their opinions are rather subjective and do not provide any factual data to support their recommendations. We want to hear from the city or an independent consultant hired by the city! When residents raised concerns about the last development we were informed the city that an EA was being completed. This is a very reasonable request to satisfy the residents for this proposed development or another future development(s) such as the old Acres property, A proper study should be commissioned by the city - and completed by a 3rd party. These recommendations coming out of such a study will look at all factors. Why wouldn't the city want to understand all these impacts before approving developments? It's in everyone's best interest. Such a study would provide reliable data that may suggest proper road widenings that can be completed at the same time as a storm sewer Install? If the road is getting ripped up you mind as well do it right the first time. Some of these costs$$ to do a road widening relocating utilities can happen at the same time and be 50% paid for by city and developer as a precondition along with the sewer. Not just the minimum what they proposing. Just like you mentioned the pipe needs to go in the ground first. Why not the road too? Why would the city want to absorb these costs for road widening in the future. There are u/g utilities to relocate and hydro/light poles sidewalks potentially. Some of these will have to get moved for the storm sewer and then get moved again for a wide roadening? As a taxpayer that just seems silly to me. This is why an EA is necessary to get all recommendations and in advance. We as residents are not against development but would ask that the city take more sensible approach and plan accordingly. Thanks for your feedback on the crosswalk. I have attached a link for something that would be a great safety improvement for pedestrians https://www.tapconet.com/product/rrfb-pedestrian-crosswalk-system Thanks Ryan Get Outlook for Android Page 89 of 1156 2 From: Alexa Cooper <acooper@niagarafalls.ca> Sent: Monday, June 13, 2022, 9:41 a.m. To: Ryan Schertzing < Subject: Open House Follow-Up - 5610, 5630, & property to north Dorchester Rd Hi Ryan, I have looked into the inquiries I promised to follow up on from the above noted open house meeting from the 8 th of June. The questions I followed-up on were:  Can a crosswalk go in at Dorchester and High St?  Is stormwater part of the EA? I spoke with our transportation department about the crosswalk. They have indicated that they will be conducting a study in Sept/Oct to see if a pedestrian crossover (PXO) is warranted at this location. If warranted, a PXO may be installed in 2023 at the earliest, pending Council approval of the project Stormwater is not part of the Environmental Assessment of the road. I do want to reiterate that the developer will be responsible for extending existing storm systems along Dorchester Road and Garden Street as required to service the development. This will be included as a condition before they can obtain building permits, if approved 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 To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet.City of Niagara Falls Logo niagarafalls.ca 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 Page 90 of 1156 PBD-2022-63 Report Report to: Mayor and Council Date: August 9, 2022 Title: AM-2022-014, Zoning By-law Amendment Application 5528 Ferry Street To permit the mixed-use development of Building A at a height of 16 storeys and 57 metres providing 168 apartment dwelling units and Building B at a height of 14 storeys and 48 metres providing 286 apartment dwelling units; no changes are proposed for Building C Applicant: La Pue International Inc. (Pawel Fugiel) Agent: ACK Architects (Michael Allen) Recommendation(s) 1. That Council approve the Zoning By-law amendment as detailed in this report to permit the mixed use development of Building A at a height of 16 storeys and 57 metres providing 168 apartment dwelling units and Building B at a height of 14 storeys and 48 metres providing 286 apartment dwelling units, subject to the regulations outlined in this report, and with respect to parking such that: a. 15 parking spaces for car share are provided dispersed equally between the 3 buildings; and, b. the provision of indoor secured bicycle parking with allowance for storage of at least 1 bicycle per unit; and, c. the insertion of clauses in the amended site plan/condominium agreements that the applicant/owner provides a 10-ride transit pass for each of the 889 dwelling units. 2. That the amending zoning by-law include a Holding (H) provision to require a wind study for Buildings A and B to the satisfaction of the City unless a satisfactory wind study is submitted and approved by Staff prior to the amending zoning by-law being presented to Council for approval. Executive Summary La Pue International Inc. has requested a Zoning By -law amendment to permit the development of Building A at a height of 16 storeys and 57 metres providing 168 apartment dwelling units and Building B at a height of 14 storeys and 48 metres providing 286 apartment dwelling units on the subject lands with 1,877 square metres of commercial The C. Building to uses. are changes No amendment proposed is Page 1 of 15 Page 91 of 1156 recommended, subject to the holding provision requiring the submission of a wind study, for the following reasons: • The proposed development conforms to Provincial, Regional, and City policies as it intensifies land within the Built-Up Area, provides compatible tourist employment uses with residential uses, increases opportunities for cross -border tourism within the Gateway Economic Centre Area, and enhances the vitality and viability of the Clifton Hill and Fallsview Subdistricts of the Central Tourist District; • The proposed Zoning By-law amendment will maintain tourist commercial and residential uses in an area designated to permit high-rise development. There will be no additional shadow impact from the shadows expected with the existing permissions, and its design is consistent with past approvals that analyzed applicable architectural guidelines; • The reduced parking rate may be considered for this location as the owner has agreed to provide ride share and bicycle parking spaces and will provide all owners with a 10-ride transit pass. The owner has indicted opportunity to secure off-site lands for parking purposes; and, • The amendments to the Tourist Commercial zone maintain appropriate regulations for the proposed uses and ensures the proposed development will be compatible with surrounding properties. Background Proposal La Pue International Inc. has requested a Zoning By-law amendment for a parcel of land totally approximately 1 hectare (2.47 acres) as shown on Schedule 1. The subject land has existing planning permissions for a mixed use development consisting of: Building A-- a mixed use building at a height of 7 storeys and 26 metres; Building B-- a hotel at a height of 6 storeys and 22 metres; and, Building C-- an apartment building at a height of 30 storeys and 94 metres. Buildings A and B are to provide 1 parking space per dwelling unit and Building C is to provide 0.97 parking spaces per dwelling unit. The applicant is requesting permission to permit the development of Building A at a height of 16 storeys and 57 metres and Building B at a height of 14 storeys and 48 metres on the subject lands. No changes are proposed to Building C. Building A will provide 892.94 square metres of commercial use at grade, a parking podium on levels 2-4, and 168 apartment dwelling units on levels 5 -16. Building B will provide 984.59 square metres of commercial u se at grade and 286 apartment dwelling units on levels 2-14. Page 2 of 15 Page 92 of 1156 Building C, which is currently under construction, provides a total of 435 apartment dwelling units. units, dwelling apartment of total 889 will development proposed The provide a approximately 1,877 square metres of commercial uses, and 727 parking spaces (38 parking spaces at grade, 176 parking spaces in the above grade Building A parking structure, and 513 parking spaces in the below grade parking structure that extends across the entire site). No off-site parking is proposed. Schedule 2 shows details of the proposed development and Schedule 3 shows its perspectives. The subject land is designated Tourist Commercial in the City’s Official Plan, a portion is located within the Clifton Hill Subdistrict of the Central Tourist District and is within the Drummondville Intensification Node, and a portion is located within the Fallsview Subdistrict of the Central Tourist District. The proposed development is within an area where developments may have a maximum height of 30 storeys and mixed-use development is permitted. The subject land is zoned Tourist Commercial (TC-1110) under Zoning By-law No. 79- 200, as amended by By-law No. 2020-06. The applicant is requesting a new Tourist Commercial zone be applied to facilitate the revised development concept. Site Conditions and Surrounding Land Uses The subject land is relatively flat and is vacant having had the commercial buil dings on the property cleared for construction. To the north, are two storey commercial uses, to the east is a Dairy Queen, a Shell gas bar, vacant land, and two storey detached dwellings, to the south is the three storey Diplomat Inn, and to the west is the Hydro One corridor. Circulation Comments Information about the requested Zoning By-law amendment was circulated to City divisions, the Region, agencies, and the public for comments. The following summarizes the comments received to date: • Regional Municipality of Niagara o No objections to the application. o Detailed technical review will occur at the amendment to the approved site plan stage. Page 3 of 15 Page 93 of 1156 • Enbridge o No objections to the application. • Building o All required Building Permits and Demolition Permits to be obtained prior to commencement of any construction/demolition. Review of plans for spatial separation- fire protection, Geotechnical report, and Wind Loading Analysis Modelling report to occur upon Building Permit(s) application. • Business Development, GIS, Legal, Municipal Works, Transportation Services • No objections to the application or site specific regulations. • Detailed technical review will occur at site plan stage. • The preliminary servicing drawings are recommended to be updated to indicate servicing will be provided from Stanley Avenue, as stated in the Functional Servicing Report. No upgrades to municipal services are required if the proposal is serviced from Stanley Avenue. Municipal roads can accommodate the increased traffic resulting from the proposed development. • Parking rate of 0.81 parking spaces per dwelling unit is supported subject to: a. 15 parking spaces for car share are provided dispersed equally between the 3 buildings; and, b. the provision of indoor secured bicycle parking with allowance for storage of at least 1 bicycle per unit; and, c. the insertion of clauses in the amended site plan/condominium agreements that the applicant/owner provides a 10 -ride transit pass for each of the 889 dwelling units. In addition, the applicant has demonstrated the potential to secure off-site lands for parking purposes in the event that required on-site parking is insufficient. Neighbourhood Comments A neighbourhood open house was held on July 11, 2022 and was attended by the applicant's consultant and no members of the public. No written comments have been received. 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: Page 4 of 15 Page 94 of 1156 • The proposed development satisfies matters of provincial interest as outlined in Section 2 of the Planning Act; • The redevelopment and intensification of the site minimizes land consumption and servicing costs in a manner that will sustain the financial well-being of the Province and City over the long term; • The residential units [Building A: 45% one bedroom units and 55% two bedroom units; Building B: 55% one bedroom units and 45% two bedroom units, and Building C: 37% one bedroom units and 63% two bedroom units] will add to the diversity of housing options for residents, assist in the creation of a complete community, and will assist the City in meeting its intensification target within the Built-up Area; • The development incorporates compatible employment uses catering to the tourist sector that support a liveable and resilient community; • It will support increased opportunities for cross-border tourism within the Gateway Economic Centre Area; and, • The recommended regulations will facilitate the redevelopment of land in a manner that will maintain appropriate levels of public health and safety. 2. Regional Official Plan The subject lands are designated Urban Area (Built-up Area) in the Regional Official Plan. The proposal conforms to the Regional Official Plan as follows: • The proposed development is compact, is transit supportive, and is within an existing Urban Area where intensification is directed; and, • It will contribute to the Regional intensification density target of 40% and the apartment dwelling 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 subject lands are designated Tourist Commercial in the City’s Official Plan, a portion is located within the Clifton Hill Subdistrict of the Central Tourist District and is within the Drummondville Intensification Node, and a portion is located within the Fallsview Subdistrict of the Central Tourist District. The proposed development is within an area where developments may have a maximum height of 30 storeys and mixed-use development is permitted. The proposal conforms to the Official Plan as follows: • The proposal is to increase the height of Building A to 16 storeys and Building B to 14 storeys, at a density of 454 units per hectare, with retail/commercial uses at Page 5 of 15 Page 95 of 1156 grade, in an area where high-rise buildings are directed to, and the area is suitable for intensification at this density; • The placement of Buildings A and B, which are oriented to and frame the str eets, are consistent with the approved site plan. The proposed variety in heights appropriately transition the massing towards the Ferry Street and Stanley Avenue intersection; • A 3 storey parking podium is provided in Building A. 3 levels of underground parking are provided across the entire property. A limited amount of parking is provided at grade and is screened by placement of buildings, landscaping, and perimeter fencing; • At the amended site plan stage, the façade treatment of Building A can be refined and roof features to Buildings A and B can be introduced that will add interest to the Niagara Falls skyline; • The at-grade commercial uses and streetscape improvements will i mprove the pedestrian experience and physical setting of Ferry Street and Stanley Avenue; • It will provide opportunities for tourism development and the residential dwelling units will enhance the vitality of the area in the off and shoulder seasons which will support the creation of a complete community; and, • There will be adequate municipal services once upgraded infrastructure is installed and no transportation impacts are expected. 4. Architectural Design Review All building proposals in the Tourist Commercial area greater than 10 storeys are subject to an Architectural Design Review process. The applicant’s architect submitted an Architectural Design Brief that evaluates the project’s conformity to the 7 principles contained in the City’s Tourism Policy Review Implementation Handbook. Staff have reviewed the Brief and note the following: Principle 1 – Positive Building Base This principle states that a positive base interface between the building and street elements is achieved through built to lines, setbacks, edge treatments, weather protection, transparency, proportion and scale. Buildings A and B have appropriate setbacks and built to lines and the buildings overhang the ground level along municipal streets to provide shelter to pedestrians. Retail and commercial uses are proposed on the ground levels of Buildings A and B. Exterior doors provide access to extended sidewalks and terraces that will enliven Ferry Street and Stanley Avenue. No parking is proposed to be visible from Ferry St reet or Stanley Avenue. Sheltered drop-off locations for residents, located internally on the site, are integrated into the architectural design of Buildings A and B. Page 6 of 15 Page 96 of 1156 Principle 2 – Public Realm at Grade This principle states that achieving an upgraded pedestrian environment is done through high quality streetscape, planting, furniture, and signage. There is an existing Section 37 agreement that will result in streetscape improvements for Ferry Street and Stanley Avenue. At amended site plan stage, features, such as landscaping, special paving, and streetscape amenities (i.e. benches and bike racks) will be reviewed and approved in accordance with the Streetscape Masterplan (adopted by Council, 2001). Principle 3 – Skyview This principle states that maximum sky, light, and air transparency occurs with buildings that have adequate spacing and mass to avoid a feeling of a wall of development. Buildings A and B are approximately half the height of Building C. The placement a nd differences in the massing and building shapes provide variety on the site. The distance between the Buildings A (above the podium for levels 5-16) and B is 25 metres which meets the separation distance and between Buildings B and C is approximately 13 .5 metres which does not meet the separation distance outlined in the Tourism Area Policy guidelines. The location of Buildings A, B, and C have existing planning approvals. It is noted that the buildings are located away from the Falls and are appropria tely separated from each other. The above the podium floor plates of Building A and B are 1,197 and 1,742 square metres respectively, which exceeds the maximum floor plate recommended in the guidelines but are consistent with past planning approvals. The length to width ratio at grade of Building A is 1:2.3 and Building B is 1.9. Staff are supportive of the floor plates and length to width ratios as the subject land is a distance away from the Falls so there are no views that are impacted and the variety in the massing of the buildings differs. At the amended site plan stage, details of the building’s cladding will be reviewed to ensure glazing materials meet the Design Guidelines. Principle 4 – Skyline Height This principle states that the taller the building the greater the emphasis should be on slenderness and achieving a visible skyview between towers. The building is located within the Clifton Hill and Fallsview Subdistricts of the Central Tourist District and Drummondville Intensification Node and is in an area where buildings to a maximum of 30 storeys in height is permitted. The 14 and 16 storey buildings have been positioned to provide views between the structures. Page 7 of 15 Page 97 of 1156 At the amended site plan stage, the specific details of the roof-feature will be determined to ensure that both Buildings A and B will add distinctive and interesting features to the skyline. Principle 5 - Views and Vistas This principle seeks to maintain or enhance visual connections to the Falls and across the border and avoid obstructing valuable views. The Skylon Tower is to remain a signature feature of the skyline. The subject land is not adjacent to the Falls. The development is located about 560 metres from the Skylon Tower and will not compete with its ability to remain a signature on the skyline. Principle 6 – Microclimate This principle seeks to implement design measures that will maximize comfort, enjoyment of the public realm, and minimize impacts on adjacent properties through shadow, wind, and snow. The Shadow Study indicates that shadows move quickly around the site with no impact on residential neighbourhoods in March or September. Shadowing does extend to residential neighbourhoods in December; however, properties are under shadow for no more than 2 hours a day which is considered acceptable. The proposed increase in height (Building A: 9 storeys and Building B: 8 storeys) would result in marginal increases to the shadowing patterns that would result with the current permissions of the site. Planning staff do not have any issues with the marginal increase in the shadowing patterns. A Wind Study has not been submitted; consequently, a holding (H) provision will be applied to the lands to ensure the proposed development results in no negative imp act or safety concern to the pedestrian level experience and that if there are any areas of concern that they are appropriately mitigated. Principle 7 – Parking and Circulation This principle seeks to reduce the visual impact of parking lots and traffic impacts caused by remote parking lots by containing parking on-site in garages. All parking associated with the proposed development is provided on -site both at grade, in an above grade parking structure, and underground. At grade parking will be scre ened with building placement, perimeter fencing, and landscaping. Page 8 of 15 Page 98 of 1156 5. Zoning By-law The applicant has requested a site specific TC zone be applied to the entire site to permit the proposed development. The existing site specific TC zone permits retail and commercial uses as well as dwelling units, up to 85% of the total floor area, above grade. The departures requested from the TC-1110 regulations are summarized in the following table: ZONE REGULATION EXISTING REGULATION REQUESTED REGULATION Permitted uses In accordance with section 8.6.1, as amended by By- law No. 2020-06 Dwelling units in a building in combination with one or more of the uses permitted in a TC zone, provided that not more than 85% of the total floor area of such building is used for dwelling units and further provided that such dwelling units except entrances thereto are located entirely above the ground floor Amend to: “…provided that not more than 96%...” Minimum lot coverage 48% 58% Maximum height of buildings or structures Building A: 26 metres and a maximum of 7 storeys, subject to section 4.7 Building B: 22 metres and a maximum of 6 storeys, subject to section 4.7 Building A: 57 metres and a maximum of 16 storeys, subject to section 4.7 Building B: 48 metres and a maximum of 14 storeys, subject to section 4.7 Parking and access requirements Building A and B: 1 parking space per dwelling unit Buildings A, B, and C: 0.81 parking space per dwelling unit Page 9 of 15 Page 99 of 1156 ZONE REGULATION EXISTING REGULATION REQUESTED REGULATION Building C: 0.97 parking space per dwelling unit Building A: 168 dwelling units 168 parking spaces Building B: 286 dwelling units 286 parking spaces Building C: 435 dwelling units 421 parking spaces 889 dwelling units 875 parking spaces Commercial uses: In accordance with section 4.19.1, Table 1 889 dwelling units 720 parking spaces Permitted encroachments of balconies into the required yards Front and rear yard: 1.8 metres Side yard: 0.45 metres All yards: 1.6 metres Location of various building or structure components including their maximum heights and maximum number of storeys and minimum yards (setbacks) In accordance with Schedule xx (to be prepared) The requested zoning is appropriate as follows: • The TC zone is intended to regulate tourist commercial uses and apartment dwellings; Page 10 of 15 Page 100 of 1156 • The requested increase in the percentage of the total floor area that may be used for apartment dwelling units above grade is supported as the Official Plan allows for additional storeys. The increase will contribute towards meeting the City’s demand for apartment dwelling units. The amending zoning by-law will require commercial uses at grade along the Ferry Street and Stanley Avenue frontages; • The requested increase in the maximum lot coverage is to account for the revised footprint of Building B (two walls along Stanley Avenue were pushed out 11 metres as a result of changes due to the introduction of the parking structure). A suitable amount of landscaping is provided and traffic movement on the site remains functional; • The requested increase for height by 8 and 9 storeys is supported as there are suitable setbacks and there is minimal shadowing on abutting properties and municipal streets; • The requested reduction in the parking regulations is supported as the proposal is within the Drummondville Intensification Node and the Fallsview and Clifton Hill Subtourist Districts, subject to: a. 15 parking spaces for car share are provided dispersed equally between the 3 buildings; and, b. the provision of indoor secured bicycle parking with allowance for storage of at least 1 bicycle per unit; and, c. the insertion of clauses in the amended site plan/condominium agreements that the applicant/owner provides a 10-ride transit pass for each of the 889 dwelling units. In addition, the applicant has demonstrated the potential to secure off-site lands for parking purposes in the event that required on -site parking is insufficient; • The requested increase of encroachments of balconies for the side yards are supported as it will allow them to be functional and is a minor increas e. As balconies are proposed for all of the dwelling units, usable outdoor amenity space will be provided to residents; and, • The new schedule depicting revisions to the location of building components, including maximum height and number of storeys and minimum yards (setbacks) is supported to depict the proposed increase in height of Buildings A and B and to illustrate the revised footprint of Building B. Staff recommend the amending by-law not apply the requested permitted encroachment for balconies for the front and rear yards (1.6 metres) as it is less then the standard regulation (1.8 metres). In addition, Staff recommends a holding (H) provision be applied to the subject land for Buildings A and B to require a wind study to the satisfaction of the City unless a satisfactory wind study is submitted and approved by Staff prior to the amending zoning by-law being considered by Council. Operational Implications and Risk Analysis There are no operational implications or risk to the City. Page 11 of 15 Page 101 of 1156 Financial Implications/Budget Impact The proposed development will provide new tax assessment for the City. Strategic/Departmental Alignment This proposal 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 - 29 Jul 2022 Jason Burgess, CAO Approved - 03 Aug 2022 Page 12 of 15 Page 102 of 1156 SCHEDULE 1 (Location Map) Page 13 of 15 Page 103 of 1156 SCHEDULE 2 (Site Plan) N Page 14 of 15 Page 104 of 1156 SCHEDULE 3 (Perspectives) Building A: From Ferry Street Building B: From Stanley Avenue Page 15 of 15 Page 105 of 1156 Address: 5528 Ferry Street Applicant: La Pue International Proposal: To permit an increase in height for Building A (by 9 storeys) and Building B (by 8 storeys) for mixed- use buildings and amend regulations Zoning By-law Amendment Application AM-2022-014 Page 106 of 1156 A GREAT CITY…FOR GENERATIONS TO COME Location PROPOSED DEVELOPMENT Detached dwellings Hotel Commercial Uses Hydro Corridor Page 107 of 1156 A GREAT CITY…FOR GENERATIONS TO COME Site Plan No changes proposed Page 108 of 1156 A GREAT CITY…FOR GENERATIONS TO COME Perspectives Building A: From Ferry Street Building B: From Stanley Avenue Page 109 of 1156 A GREAT CITY…FOR GENERATIONS TO COME Background •Approximately 1.054 ha (2.6 ac) of land. •Zoning By-law Amendment –Requesting to amend the site specific Tourist Commercial (TC) zone •For the permitted 6-storey hotel be developed as a 14-storey mixed use building (Building B); and, •For the permitted 7-storey mixed use building be developed as a 16-storey mixed use building (Building A). Page 110 of 1156 A GREAT CITY…FOR GENERATIONS TO COME Proposed Zoning Relief-TC-1110 % Dwelling Units Above Ground Floor 96% (Permitted: Not more than 85% of total floor area) # of Parking spaces 720 for residential (at rate of 0.81/dwelling) *commercial uses exempt from parking (Required: 1 space/dwelling Buildings A and B; 0.97 space/dwelling Building C) Max. Height of Building A 16 storeys (Permitted: 7 storeys) Max. Height of Building B 14 storeys (Permitted: 6 storeys) Max. Lot Coverage 58% (Permitted: 48%) Encroachment of balconies 1.8 m-front and rear 1.6 m -sides Page 111 of 1156 A GREAT CITY…FOR GENERATIONS TO COME Open House –July 11 •No members of the public attended, and no written comments have been received.Page 112 of 1156 A GREAT CITY…FOR GENERATIONS TO COME Planning Analysis •The proposal conforms to Provincial, Regional, Local policies •Staff recommend the requested zoning by-law amendment subject to the following: –Not approve the requested exception for encroachment of balconies into the front and rear yards by 1.6m –A holding provision applied to the subject land for Building A & B to require a wind study to the satisfaction of the City •The plan will be subject to Vacant Land of Condominium/Site Plan Page 113 of 1156 A GREAT CITY…FOR GENERATIONS TO COME Recommendation •That Council approve the proposed Official Plan and Zoning By-law Amendment as outlined and modified in report PBD-2022-63.Page 114 of 1156 5528 FERRY STREET, NIAGARA FALLS Project Team: Developer | Project Architect | Legal Team | Civil Engineer | Landscape Architect | Planner | Traffic Consultant | Noise & Wind Consultant | 5528 FERRY STREET –THE STANLEY DISTRICT DEVELOPMENT Zoning By-law Amendment LA PUE INTERNATIONAL INC.Page 115 of 1156 APPLICATION SURROUNDING CONTEXT AND BUILDING HEIGHT SURROUNDING CONTEXT: •Low/ Medium Density Residential and Commercial •Commercial plazas •Multi-storey Midrise and Highrise Hotels SUBJECT SITE: Frontage: 60.82m along Ferry Street Depth: 124.11m deep Area:1.054 ha (2.60 acres) EXISTING MID- RISE AND HIGH- RISE HOTELS EXISTING COMMERCIAL EXISTING RESIDENTIAL EXISTING COMMERCIAL EXISTING COMMERCIAL EXISTING MID- RISE HOTEL SUBJECT LANDS Page 116 of 1156 APPLICATION SURROUNDING CONTEXT AND BUILDING HEIGHT DOUBLE TREE HOTEL 18 STOREYS EMBASSY SUITES HOTEL 43 STOREYS HILTON NIAGARA FALLS TOWER 2 56 STOREYS HILTON NIAGARA FALLS TOWER 1 36 STOREYS NIAGARA FALLSVIEW CASINO RESORT 32 STOREYS SUBJECT LANDS EXISTING COMMERCIAL EXISTING RESIDENTIAL Page 117 of 1156 CONTEXT PHOTOS EXISTING SITE (SOUTH-EAST ON FERRY STREET) EXISTING SITE (NORTH-WEST ON STANLEY AVENUE) EXISTING SITE (SOUTH-WEST ON FERRY STREET) EXISTING SITE (SOUTH-EAST ON FERRY STREET)Page 118 of 1156 PROPOSED DEVELOPMENT PROPOSAL: Increased Height to permitted 7-Storey (BLD A) and 6-Storey (BLD B) Buildings Increased Density Reduced Parking Space Requirements Increased % of floor area used for dwelling units within Buildings A & B Zoning By-Law Amendment: Maximum Height BLD A from 26m -> 57m Maximum Height BLD B from 22m -> 48m Maximum Lot Coverage from 48% -> 58% Maximum # of Dwelling Units up to 844 Units Per HA Parking ratio @ 0.81 per dwelling unit Permitted dwelling unit percentage of total floor area = 96%Page 119 of 1156 PROPOSED DEVELOPMENT –UNDERGROUND PARKING PLANS PARKING LEVEL 1 –220 PARKING STALLS PARKING LEVEL 2 –223 PARKING STALLS Page 120 of 1156 PROPOSED DEVELOPMENT –UNDERGROUND PARKING PLANS PARKING LEVEL 3 –70 PARKING STALLS Page 121 of 1156 PROPOSED DEVELOPMENT –PARKING PODIUM PLANS PARKING PODIUM (LEVEL 2) –58 PARKING STALLS PARKING PODIUM (LEVEL 3) –59 PARKING STALLSPage 122 of 1156 PROPOSED DEVELOPMENT –PARKING PODIUM PLANS PARKING PODIUM (LEVEL 4 ) –59 PARKING STALLS Page 123 of 1156 PROPOSED DEVELOPMENT –LANDSCAPE PLANS SITE LANDSCAPING PLAN ROOFTOP LANDSCAPING ABOVE PARKING PODIUM (INTERNAL TO THE SITE)Page 124 of 1156 PROPOSED DEVELOPMENT –ARTIST PERSPECTIVES 14-STOREY BLD B 16-STOREY BLD A APPROVED 30-STOREY BLD C Page 125 of 1156 PROPOSED DEVELOPMENT –ARTIST PERSPECTIVES 16-STOREY BLD A APPROVED 30-STOREY BLD C Page 126 of 1156 PROPOSED DEVELOPMENT –ARTIST PERSPECTIVESPage 127 of 1156 CONCLUSION IN SUMMARY: The proposed amendment is consistent with the Provincial Policy, Regional & Municipal objectives for intensification. It promotes and efficient use of existing infrastructure(s) & services, while providing an increased economic, employment, & population growth for the City.Page 128 of 1156 Page 129 of 1156 PROPOSED DEVELOPMENT –SHADOW STUDYPage 130 of 1156 PBD-2022-62 Report Report to: Mayor and Council Date: August 9, 2022 Title: AM-2022-016 Official Plan and Zoning By-law Amendment Application Bailey Avenue, at the eastern terminus of Avery Boulevard Part of Lot 15, Broken Front Concession, Niagara River, Part 1 59R-16038 To apply a Special Policy Area designation to a portion of the property, and to zone a portion of the lands a site specific Rural zone under Zoning By-law No. 395, 1966 (Willoughby) to permit the severance of three 0.5 hectares parcels of land Applicant: 800460 Ontario Limited (Eric Henry) Agent: Matt Kernahan (Upper Canada Consultants) Recommendation(s) That Council approve the Official Plan and Zoning By-law amendments as detailed in this report to apply a Special Policy Area designation to a portion of the property and to zone a portion of the lands a site specific Rural zone under Zoning By-law No. 395, 1966 (Willoughby), subject to the regulations outlined in this report, to permit the severance of three 0.5 hectares parcels of land. Executive Summary 800460 Ontario Limited has requested an Official Plan and Zoning By-law amendment to permit the severance of three 0.5 hectare parcels of land. The amendments are recommended for the following reasons: • The proposed development conforms to Provincial and Regional policies as non- farm development is permitted in Rural designated areas; • The Special Policy Area designation (Rural) will bring the City’s Official Plan into conformity with the Regional Official Plan; • The requested site specific rural zone that will be applied to the remnant parcel (Part 4), provides appropriate lot frontage for driveway access and the lot size meets the standard Rural zone regulation; and, Page 1 of 9 Page 131 of 1156 • Public concerns regarding the proposed lot sizes and future development opportunities on the remnant parcel were addressed through a discussion on planning policies and drainage will be reviewed at the time of Building Permit. Background Proposal 800460 Ontario Limited has requested an Official Plan and Zoning By-law amendment to permit the severance of three 0.5 hectare parcels of land on a parcel of land totalling approximately 13 hectares (32 acres), as shown on Schedule 1. Schedule 2 shows details of the proposed consents that will be heard by the Committee of Adjustment at a future date. Parts 1, 2, and 3, as shown on Schedule 2, are the subject of the Official Plan application. Part 4, as shown on Schedule 2, is the subject of the Zoning By-law application. The subject land is designated Good General Agriculture, in part, and Environmental Protection Area (EPA), in part, in the City’s Official Plan. The agricultural designation permits agriculture and agriculture related uses. The EPA de signation protects the Provincially Significant Wetland (PSW) and Significant Woodland areas on the parcel from development. The proposed development is not within or adjacent to the EPA designated lands. The subject land is designated Rural Area in the Region’s Official Plan. Regional policies will permit the creation of up to three (3) residential lots, subject to the proposal satisfying specified criteria. The requested Special Policy Area designation will permit the creation of the 3 new lots. Section 27(4) of the Planning Act states that in the event of a conflict between the official plan of the upper-tier municipality and lower-tier municipality, the plan of the upper-tier municipality prevails to the extent of the conflict. As a result, the application to apply a Special Policy Area designation to the subject lands will bring the City’s Official Plan into conformity with the Region’s Official Plan. The subject land is zoned Rural under Zoning By-law No. 395, 1966 (Willoughby). The applicant is requesting that a portion of the lands, Part 4, as shown on Schedule 2, be placed under a site specific Rural zone to permit reduced lot frontage that will result following consent approval. Site Conditions and Surrounding Land Uses The subject land is an irregularly shaped rectangle, is vacant having previously been utilized for agricultural purposes, with Significant Woodland and Provincially Significant Wetland (PSW) located in its north east corner. Page 2 of 9 Page 132 of 1156 The subject land fronts onto Bailey Avenue. To its north, are agricultural fields. To its south, east, and west are detached dwellings on a variety of large lots. There are no active livestock operations within the immediate area that would necessitate consideration of Minimum Distance Separation. Circulation Comments • Niagara Region o No objections, as the proposal complies with the Rural Area designation. o While the three proposed lots are less than 1 hectare, the Hydrogeological Study is accepted by Regional staff. The Study supports the proposed lot creation as the lots are isolated from the underlying water supply aquifer and they will be serviced by a septic system and cistern, subject to meeting all Ontario Building Code setbacks. o A condition of consent will require the submission of the Stage 1 -2 Archaeological Clearance Letter from the Ministry of Tourism, Culture, and Sport. o At Building Permit, best management practices (i.e. erosion and sediment control fencing) are to be implemented to mitigate any potential adverse impacts to the adjacent Significant Woodland located in the parcel’s north east corner. o The Official Plan amendment is exempt from Region Council approval. • Enbridge o No objections to the application. • Fire Services, GIS Services, Legal Services, Municipal Works, and Transportation Services o No objections to the application or site specific regulations. o Bailey Avenue is not an improved street for about 75 metres from the north limit of the subject land (the land comprising Parts 1 and 4, currently do not have frontage on an improved street). A condition of the consent will be that the Developer enter into a development agreement and/or license agreement to design and construct an extension of the road with a turnaround at the north end of the lands to City standards. o Drainage will be reviewed at the consent and/or building permit stage. Neighbourhood Comments The neighbourhood open house was held on July 14, 2022, attended by the applicant’s agents with five (5) residents present. In addition, written comments were received from one (1) member of the public who supports and one (1) member of the public who opposes the development. Page 3 of 9 Page 133 of 1156 Those opposed express the following concerns: the lot sizes are not consistent with those in the neighbourhood, drainage, and potential for future development on Part 4, the retained portion. The following is noted in response: the lots meet the minimum frontage of 46 metres in the Regional Official Plan and the Region is satisfied that the proposed lot sizes, while less than the minimum lot size required (1 hectare), following their acceptance of the Hydrogeological Study, will not negatively impact the underlying water supply aquifer; grading will be considered as part of the consent application and at the building permit stage to confirm no drainage issues will occur; and, as Part 4, the retained portion, is designated Good General Agriculture in the Regional and City’s Official Plans there would not be support under current planning policies for a plan of subdivision or consent. 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 lots are designated Rural Lands, under the Provincial Policy Statement, and residential development that is locally appropriate is permitted. The lot sizes are compatible with surrounding properties; • The proposed 3 lots are permitted in the Growth Plan; • A condition of consent will require the Stage 1-2 Archaeological Clearance Letter be received by the Region and City; • There is no development proposed within or abutting the PSW and Significant Woodland; and, • The recommended policy and regulations will facilitate the development of land in a manner that maintains public health and safety. 2. Regional Official Plan The subject land is designated as Rural Area in the Regional Official Plan. The proposal conforms as follows: • The proposed development is for the creation of 3 detached dwelling lots that complies with the Regional Official Plan in terms of lot frontage and size, have appropriate road access following the extension of Bailey Avenue, and there are no natural heritage features that will be impacted; and, Page 4 of 9 Page 134 of 1156 • The Hydrogeological Study indicates as the lots are isolated from the underlying water supply aquifer, and the future lots will be serviced by a septic system and cistern, the proposed lots are appropriate. 3. City’s Official Plan The Official Plan designates the subject land as Good General Agriculture, in part, and Environmental Protection Area, in part. The proposed development is within the portion of the land designated Good General Agriculture. This designation permits the use of the land for agriculture and agricultural related uses. As previously discussed, the Regional Official Plan designates the subject lands as Rural Area which may permit the creation of 3 detached dwelling lots. Section 27(4) of the Planning Act states that in the event of a conflict between the official plan of the upper-tier municipality and lower-tier municipality, the plan of the upper-tier municipality prevails to the extent of the conflict. As a result, the City may consider the application to apply a Special Policy Area designation to bring the policies into conformity with the Region’s Official Plan. 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 uses and its financial implications. The proposal complies with the intent of the Official Plan as follows: • The proposal is for the creation of 3 rural residential lots that meet the minimum lot frontage requirements of the Regional Official Plan, the proposed lots are fully within the Region’s Rural Area designation, and are similar with other lots in the neighbourhood in terms of lot frontage and size; • The surrounding land has previously been developed for rural residential purposes through plans of subdivision, which occurred prior to the City’s designation of the land as Good General Agriculture; • A condition of consent will require the extension and construction of Bailey Avenue across the extent of the subject land, including a turnaround, to City standards at the Developer’s expense to provide frontage to the lots; and, • The lots will be serviced by private septic systems and cisterns, approved by the Region. Page 5 of 9 Page 135 of 1156 The Good General Agricultural designation will continue to apply to the subject lands. The Environmental Protection Area designation will continue to be applied to the portion of the land containing PSW and woodland. 5. Zoning By-law The applicant has requested a site specific Rural zone be applied to Part 4, the retained portion, to permit the proposed development. Parts 1, 2 and 3 comply with the Rural zone’s lot frontage and size regulations. The Rural zone permits detached dwellings and agricultural uses. The departures requested from the standard Rural regulations are summarized in the following table: ZONE REGULATION EXISTING REGULATION REQUESTED REGULATION Minimum lot frontage for Part 4, the retained portion only 200 feet (60 metres) 62 feet (19 metres) The requested zoning is appropriate as follows: • The Rural zone is intended to regulate detached dwellings and agriculture uses; and, • The requested decrease in the lot frontage for Part 4 is supported as a suitable amount of land is provided abutting Bailey Avenue to provide driveway access onto the land for agricultural purposes. Prior to a detached dwelling being able to be constructed, the frontage of Bailey Avenue will need to be an improved street. 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 Page 6 of 9 Page 136 of 1156 Written by: Julie Hannah, Planner 2 Submitted by: Status: Andrew Bryce, Manager, Current Planning Approved - 02 Aug 2022 Jason Burgess, CAO Approved - 03 Aug 2022 Page 7 of 9 Page 137 of 1156 SCHEDULE 1 (Location Map) Page 8 of 9 Page 138 of 1156 SCHEDULE 2 (Consent Sketch) Page 9 of 9 Page 139 of 1156 Address: Bailey Ave, PID 273392 Applicant: 800460 Ontario Limited Proposal: To permit a Special Policy Area designation and apply a site specific Rural zone to facilitate the creation of 3 lots Official Plan & Zoning By-law Amendment Application AM-2022-016 Page 140 of 1156 A GREAT CITY…FOR GENERATIONS TO COME Location PROPOSED DEVELOPMENTDetached dwellings Detached Dwellings Agricultural use Page 141 of 1156 A GREAT CITY…FOR GENERATIONS TO COME Site Plan Page 142 of 1156 A GREAT CITY…FOR GENERATIONS TO COME Background •Official Plan Amendment –Requesting a Special Policy Area to apply to an area of the property between 0-89 m east of Bailey Avenue to permit the severance of three 0.5 ha parcels of land and to consider this area to be a Rural Area •Zoning By-law Amendment-Zoning By-law 395,1966 (Willoughby) –Requesting a site specific Rural (RA) zone Page 143 of 1156 A GREAT CITY…FOR GENERATIONS TO COME Proposed Zoning Relief- Min. lot frontage Request 19 m (62 ft) Required 60 m (200 ft)Page 144 of 1156 A GREAT CITY…FOR GENERATIONS TO COME Open House –July 14 Comment/Concern Staff Response •Lot sizes not consistent with neighbourhood •Lots meet minimum frontage and the Region is satisfied that the proposed lot sizes will not negatively impact the underlying water supply aquifer •Drainage •Grading will be considered as part of the consent application and the building permit stage will confirm no drainage issues will occur •Potential for future development on Part 4 •Part 4 (retained portion) is designated Good General Agriculture in the Region and City’s Official Plans. The development of the land for a subdivision or consent would not be supported under current planning policies Page 145 of 1156 A GREAT CITY…FOR GENERATIONS TO COME Planning Analysis •The proposal conforms to Provincial, Regional, and Local policies. •Staff have no concerns with the requested Official Plan amendment and zoning. •Staff support the application as detailed in report PBD-2022-64.Page 146 of 1156 A GREAT CITY…FOR GENERATIONS TO COME Recommendation •That Council approve the proposed Official Plan and Zoning By-law Amendment as outlined in report PBD-2022-62.Page 147 of 1156 1 From:O Canada < Sent:Monday, July 11, 2022 1:23 PM To:Julie Hannah Subject:Re: City File AM-2022-016- Zoom information Hi Julie I wanted to participate in the meeting this Thursday but I have COVID. I know it is remote but I won't feel up to it. I fully support the application and I am one of the closest property owners to the land that is in question. Thanks Jarrod Hunter On Mon., Jul. 4, 2022, 4:43 p.m. Julie Hannah, <jhannah@niagarafalls.ca> wrote: Good afternoon Jarrod, Thank you for letting me know you wish to participate in the remote open house. The Zoom information (link and phone numbers) is provided below. Please let me know if you have any questions. Thanks, Julie --------------------------------------------- Join Zoom Meeting https://niagarafalls.zoom.us/j/86597075669?pwd=eklOM01EdEo2a1VONTZNZWF0Umsrdz09 Meeting ID: 865 9707 5669 Page 148 of 1156 2 Passcode: 431716 One tap mobile +16475580588,,86597075669#,,,,*431716# Canada +16473744685,,86597075669#,,,,*431716# Canada Dial by your location +1 647 558 0588 Canada +1 647 374 4685 Canada 855 703 8985 Canada Toll-free 888 788 0099 US Toll-free 877 853 5247 US Toll-free Meeting ID: 865 9707 5669 Passcode: 431716 Find your local number: https://niagarafalls.zoom.us/u/kCfbgD1fS 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: O Canada < Sent: Thursday, June 30, 2022 10:18 AM To: Julie Hannah <jhannah@niagarafalls.ca> Subject: [EXTERNAL]-City File AM-2022-016 I want to participate in the Remote Electronic Open House on July 14th at 5 PM. Thanks Jarrod Hunter Page 149 of 1156 3 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 150 of 1156 1 From:Vicki Campbell < Sent:Thursday, July 14, 2022 12:20 PM To:Julie Hannah Subject:[EXTERNAL]-Bailey Avenue - Parcel ID 273392 - Zoning By-law Amendment Application Hello, We would like to express our concerns about this severance on land that adjoins the back of our property. According to the Notice of Application we received, the applicant is requesting severance of three .5 hectare parcels, but we are concerned about the size of these lots being smaller than what we understand to be the minimum of 2 acres or approximately .8 hectares allowed in Miller Estates. We believe that the back boundary of these lots should line up with our side boundary between our Lot 2 and adjacent Lot 3 to allow the minimum lot size and aesthetically pleasing future development. Smaller lots may also affect current property values. We are also concerned about the large quantity surface water that flows from Bailey Ave. Part 3 and Part 4 (Vacant Land) to our lot and Part 1 on Miller Rd. during heavy rain events. We would prefer a side swale be constructed between Bailey Ave. Part 3 and Miller Rd. Part 1 / 2 without the removal of trees. Please send us a copy of today's meeting transcript. Thank you, Jim & Vicki Campbell Get Outlook for iOS 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 151 of 1156 PBD-2022-61 Report Report to: Mayor and Council Date: August 9, 2022 Title: City Initiated Amendments to the Official Plan and Zoning By-laws 395 and 79-200 for new Employment Policies Recommendation(s) 1. That Council receive the public input presented at the second Public Meeting and the modification of policies as requested by Niagara Region. 2. That Staff forward the draft Official Plan Amendment #147 and the draft zoning by-law amendments to By-law 79-200 and By-law 395, with any required modifications, to a future Council meeting for adoption. 3. That once adopted, the Official Plan Amendment #147 be forwarded to the Region for approval. Executive Summary City Council received the Niagara Falls Employment Lands Strategy, Phase 3 Report for information at their meeting of December 7, 2021. Council also directed Staff to prepare draft Official Plan and Zoning amendments for employment policies for additional stakeholder consultation and for consideration and adoption at a later Council session. The City’s Consultants for the Employment Lands Strategy, Watson & Associates and Dillon Consulting, in cooperation with City Staff have prepared draft amending documents to implement the Strategy. Final changes to the draft documents resulting from relevant input received have been incorporated into the draft amendments, attached as Appendix 4, 5 and 6. On June 23, 2022 Niagara Region adopted a new Official Plan and it has been forwarded to the Province for approval. The employment policies of the Region’s Plan implement their Municipal Comprehensive Review of employment lands and also the City’s Employment Land Strategy. The draft amendments brought forth to Council this evening are in conformity with the Region’s policies however there are additional policies within the Region's adopted document that Staff have asked be included in the City's Official Plan amendment in order to meet Provincial and Regional requirements. As directed by Council, further consultation for these draft documents has been conducted. A notice of second public meeting, as well as online or paper access to the amending documents, were forwarded to those who have provided previous comments Page 1 of 51 Page 152 of 1156 or have otherwise made a specific request to receive notification. In addition, the draft documents have been posted online (Let’s Talk Niagara Falls) and notice of the second public meeting was published in the Niagara Falls Review. Background One of Council’s Strategic Priorities for 2019-2022 is the creation of a diverse economy, and a vibrant, welcoming environment that attracts families, high quality jobs, investment, and entrepreneurship. One of the specific objectives under this Priority is that we ensure an adequate supply of accessible industrial and employment lands is available in the right locations. Pursuant to this objective, the City’s Business Development and Planning, Building and Development Division initiated an Employment Lands Strategy. A chronology of the works and public consultation completed through this Study is outlined in Appendix 2. Council received Phase 2 of the Employment Strategy in April 2021. The analysis identified an employment land shortfall of approximately 76 ha (188ac) to accommodate the estimated forecast of 3,450 jobs assigned to employment areas by the year 2051 through the Region's forecast. An assessment of a number previously known candidate employment land sites where the properties are not used or suitable for continued industrial use was included. Based on the framework of the 2019 Growth Plan and 2020 Provincial Policy Statement as well as a site specific evaluation based on a broad range of criteria, draft recommendations were made on the known candidate sites as to whether they should retain their industrial designation. Draft amendments to the Official Plan and Zoning By-law where presented at a Statutory Public Meeting held on the same evening. An Open House was held prior to the Public Meeting. In December 2021, Council received and endorsed the final Phase of the Strategy (Phase 3). Phase 3 provided conclusions on the City’s long term employment land needs to the year 2051, as well as the adequacy and marketability of the City’s shovel ready employment lands in the near term. Council directed Staff to prepare draft amendments to the Official Plan and Zoning By- law for further public consultation and for consideration and adoption at a later date. Public and Stakeholder Engagement Stakeholder engagement began in the early stages of Phase 1 of the Employment Lands Strategy and have continued through to the Second Public Meeting as outlined in Appendix 2. The comments received at the Open house and first Public Meeting, both held i n 2021 are attached as Appendix 1 for the information of Council. These comments were included in Staff’s report to Council of July 13, 2021. Page 2 of 51 Page 153 of 1156 The significant issues resulting from the July 13, 2021 Public Meeting were addressed in PBD-2021-79 which accompanied the final Phase 3 Employment Land Strategy report to Council in December 2021. Changes to the draft documents resulting from this consultation have been incorporated into the attached draft amendments and are further discussed in the Planning Analysis section below. All written or oral comments received to date for the second Public Meeting are attached as Appendix 3. Analysis General changes to the Official Plan The amendment proposes to replace the term ‘Industrial’ with ‘Employment’ througho ut the mapping and text of the Official Plan. The word ‘employment’ is consistent with the terminology of Provincial and Regional plans which is important in terms of ensuring that the employment targets are recognized. It recognizes those employment uses beyond those traditionally associated with the word industrial, such as tourist related employment uses which is a major employment sector in the City of Niagara Falls. The amendment also introduces a new Schedule to the Official Plan which, consistent with the Region’s new Official Plan, identifies: • the Niagara Economic Zone- identified in the Region’s new Official Plan as Niagara Falls through to Fort Erie; • Employment Lands -a broad range of lands designated for employment uses (inside or outside of employment areas) from light to heavy industrial, business parks and rural employment uses); and • Employment Areas – identified clusters of employment land uses that are subject to the highest level of protection. Specific Area Amendments Grassy Brook Area In order to meet the Provincial targets for employment lands through to 2051, the amendment identifies a new Employment Area in the south area of Niagara Fa lls east of the QEW, north of Reixinger Road, west of Stanley Avenue and south of the Niagara River, as shown on Figure 1. Figure 1 Page 3 of 51 Page 154 of 1156 The lands currently designated Resort Commercial are proposed to be changed to ‘Employment’. The current Environmental Protection Area, Environmental Conservation Area and Open Space (cemetery) designations remain unchanged. The proposed designation is consistent with the Employment Area designation contained in the June 2022 adopted Region Official Plan (awaiting Provincial approval) and supportive of the Region’s new $400 Million South Niagara Falls Wastewater Treatment plant’s preferred location central within the boundaries of the employment area. The Region’s Official Plan considered the City’s Employment Lands Strategy in the preparation of the New Official Plan and subsequently identifies this area as an Employment Area. It is also noted that through the Capital budget, Council approved funding for the development of a Grassy Brook secondary plan which includes the new employment lands identified in the draft Official Plan and Zoning amendments. The secondary plan will address more specific land uses and policies for this area and also address transportation and functional servicing requirements beyond the area i ncluding Chippawa in association with the new wastewater treatment plant. The secondary plan will be supported by a number of key studies (i.e. environmental, transportation, servicing, archaeological) that will inform appropriate areas for future developm ent. The procurement of consultants to prepare the Secondary Plan will soon conclude and the work will commence. The implementing zoning by-law amendments would remove the lands from Zoning By- law No. 395 (Willoughby By-law) and include the lands within Zoning By-law 79-200. The lands would be zoned Prestige Industrial under 79-200 save and except those areas identified as ECA, EPA or OS in the Official Plan which are to be zoned Environmental Protection Area or Open Space (OS) as applicable. Conversion from Industrial The Employment Land Strategy Phase 2 report assessed a number of previously known candidate employment land sites where the properties are not used or suitable for Page 4 of 51 Page 155 of 1156 continued industrial use. Within the framework of the 2019 Growth Plan and 2020 Provincial Policy Statement as well as a site specific evaluation based on a broad range of criteria, draft recommendations were made on the known candidate sites as to whether they should retain their industrial designation. The following properties were considered for redesignation and rezoning at the July 13, 2021 with a deferred note on the schedules. This deferral was based on the Region’s on-going Municipal Comprehensive Review of employment lands being undertaken at the time. Since the Region has now completed that review, the use of the ‘deferred’ notation is no longer necessary. 5796 Valley Way, 5750 Valley Way and 5270 Portage Road (Figure 2) The current use of the lands is commercial (auto service). The Official Plan amendment would change the designation from Industrial to Minor Commercial. The zoning would change from Light Industrial (LI) Zone to Neighbourhood Commercial (NC). Figure 2 8236 Beaverdams Road (Figure 3) The lands are currently vacant and the change was supported by the Owner. The Official Plan amendment would change the designation from Industrial to Minor Commercial. The zoning would change from General Industrial (GI-281) Zone to Neighbourhood Commercial (NC). Figure 3 Page 5 of 51 Page 156 of 1156 9304 McLeod Road (Figure 4) The lands are currently vacant and are west of a residential subdivision (currently under construction) limiting its potential industrial use. The Official Plan amendment would change the designation from Industrial to a residential designation with a special provision applied to the lands outside of the current floodplain mapping area on the eastern portion of the lands. The residential designation will come into effect upon approval by the Niagara Region. The Special Provision will apply a 10m height restriction within a 2km radius of Phosphine storage on Cytec Industries lands as shown on Appendix A to the 2016 Cytec Canada Inc. Emergency Response Plan, which is the most recent information on setback requirements that the City has been able to attain. A Development Holding (DH) Zone is proposed in conjunction with the Special Policy provision of the Official Plan. Figure 4 Lands north of Bridge Street at Victoria Avenue (Figure 5) Through the Employment Lands Strategy a conversion of the lands north of Bridge Street, east of Victoria Avenue to a Mixed Use 2 designation was recommended. This would reflect the Mixed Use 2 designation of the properties on the south side of Bridge Street. The City was requested to consider the addition of the lands north of Bridge, west of Victoria Avenue (former Kimberly Clark building) under the Mixed Use 2 designation. This change was supported and will apply to the whole of the property. Page 6 of 51 Page 157 of 1156 Figure 5 Correspondingly, the zoning would change from Light Industrial (LI), LI -54 and LI-64, General Industrial (GI-63) Zone to Central Business Commercial (CB4) Zone. The Special Provisions of the LI-54 Zone would continue to apply under the CB4 Zone for those lands. Conformity with Provincial and Regional Policy The City’s Employment Land Strategy was prepared under the framework of the 2019 Growth Plan and the 2020 Provincial Policy Statement and the recommendations of the Strategy, implemented through the amendments to the Official Plan and Zoning By- laws, is in compliance with Provincial Policy. Niagara Region adopted their new Official Plan on June 23, 2022 and the document has been forwarded to the Province for approval. The Region incorporated the City’s Employment Land Strategy as a key input into their Municipal Comprehensive Review. Accordingly, the City’s draft employment amendments are aligned and conform with the Region’s Employment policies. However, the adopted Regional Official Plan contains additional detailed policies regarding employment areas as well as specific employment targets and densities that are to be included into local area Official Plans. Although the Region's Official Plan has not yet received approval from the Province, it is the opinion of Staff that these policies be incorporated into the City's draft employment policies amendment prior to adoption. Since the Region is the approval authority for this amendment and, as such, have the ability to modify the amendment while exercising that approval, it is preferred that these policies be brought before Council with the adoption of the document rather than inserted at a later time, through approval. Page 7 of 51 Page 158 of 1156 The changes include: • the identification of Core and Dynamic Employment Areas on Schedule A-7. These identified areas do not affect the limits of the employment designation but provide a focus of the type of employment uses that are envisioned within that employment area. Core Employment Areas are the more traditional form of employment uses such as industrial, construction and warehouses. Dynamic Employment Areas have traditional lighter industrial uses, office parks and institutional uses. • the addition of employment density forecasts for Employment Areas. • clarification that the conversion of lands within an Employment Area can only be made through a Regionally led Municipal Comprehensive Review and that conversions of Employment Lands must not only meet the criteria listed by the Municipality but also ensure that the conversion will result in no net loss of employment numbers. • additional wording to the Special Policy Area designation for 9304 McLeod Road note that any future Planning Act Application will be subject to further studies addressing employment land conversion (Policy 8.32, job replacement showing how future jobs will be provided on the lands) and risk assessment of residential encroachment on employment land uses. Amendment Update Post Public Notification The City adopted an amendment to incorporate policies regarding cannabis cultivation and production in the Industrial designation of the Official Plan in late spring 2022. The new cannabis policy came into effect as the proposed changes under OPA No. 147 were sent out for notification and as such were not included in the circulated amendment. Staff will ensure that the policy is included in OPA No. 147 which will require updated number to that contained in the circulated draft document. Next Steps Subject to the results of the second Public Meeting and the addition of the policies requested by the Niagara Region, Council may adopt the draft Official Plan Amendment #147 and the draft zoning by-law amendments to By-law 79-200 and By-law 395 at a future meeting of Council. Official Plan Amendment #147 will be forwarded to the Region for approval upon Council adoption. Final approval by the Region is expected to occur subsequent to and in compliance with the approval of the Region's Official Plan by the Province. As per Section 24 of the Planning Act, the approved zoning by-law amendments would come into force only after the Official Plan amendment receives final approval. Financial Implications/Budget Impact The new Employment Lands policies will have no direct financial implications for the City. Strategic/Departmental Alignment Page 8 of 51 Page 159 of 1156 The implementation of the Employment Lands Strategy through the Employment Official Plan policies and zoning by-law amendments is consistent with the City’s Strategic priority of a Vibrant and Diverse Economy. List of Attachments APPENDIX 1 - Comments received through the Employment Land Strategy APPENDIX 2 - Chronology of Process and Public Consultation APPENDIX 3 - Comments for the second Public Meeting Appendix 4 - Draft OPA - Employment Policies Appendix 5 - Draft ZBA amending Bylaw 395 Appendix 6 - Draft ZBA amending By-law 79-200 APPENDIX 3 - Comments for the second Public Meeting Written by: Francesca Berardi, Planner 2 Brian Dick, Manager of Policy Planning Submitted by: Status: Brian Dick, Manager of Policy Planning Approved - 03 Aug 2022 Jason Burgess, CAO Approved - 04 Aug 2022 Page 9 of 51 Page 160 of 1156 Appendix 1 - Page 1 APPENDIX 1 to PBD-2022-61 AM-2021-13 – EMPLOYMENT LAND NEEDS STUDY SUMMARY OF COMMENTS REMOTE OPEN HOUSE – JUNE 29, 2021 @ 2pm Name/Author Date (verbal submissions at Open House) Submitted Comments Staff Response Staff Action Joedy Burdett Bridge Street •Has appealed the Downtown Zoning under AM-2020-007 and will consider appealing a zoning change that adds a C4 Zone on the lands north of Bridge Street through this amendment. •The application of a C4 Zone would be conditional on the final approval of the City’s Downtown Zoning amendment. Not applicable •Questioned how the zoning changes would affect his property and future expansions (Hause's Welding) •Would he be able to build an expansion? •Is there a secondary plan being prepared for the south side of Bridge St? •Mr. Benner asks if all properties have been identified that might be changed •This property is located within the area to be designated Mixed Use 2; and his business would be permitted to continue with a minor expansion but a new use would be subject to the Mixed Use Zoning. •The Transit Area Zoning amendment is under appeal and would therefore not come into effect until approval. Expansions under the current provisions are allowed, future changes under a new zoning would have to meet new provisions. • Both the north and south sides of Bridge St were part of the Transit Station Area Plan, already completed. The Employment Land Needs Study identified that the lands north of Bridge, over the long term, shouldn't be industrial to support the Transit Station Area Secondary Plan (adopted in 2018) •The Open House is a starting point to the conversation regarding the conversion of properties. No action required. Matt Kernahan, U.C. Consulting •Appreciates the considerations put through the study for the additional employment land •An additional slide outlining the criteria that informed the Study is available. Information forwarded Page 10 of 51 Page 161 of 1156 Appendix 1 - Page 2 Name/Author Date (verbal submissions at Open House) Submitted Comments Staff Response Staff Action needs. • Would like some more information on the detailed criteria that informed the decision including the actual conditions on the ground, with respect to natural heritage features. Natural heritage features reduce the acreage available for employment needs (still in the review and recommendation phase) Craig Rohe, UC Consulting •Requested clarity about how the deferral mechanism will work - Council to adopt, Region to approve with some deferral but some tied into Growth Plan Conformity use which is exempt from approval, implementation date. •The deferrals are in relation to items that would to be considered by the Region. We would ask the Region to identify the changes on their new schedule. Since the Region's MCR work is ongoing we would have to seek confirmation from the Region. Deferrals will not be part of the final amending documents. Gregory Marino 7119 Reixinger Road •Opposes the Grassy Brook location for Employment Lands: cited industrial traffic, 24 hour noise, natural areas and impact on wildlife. Will be following up with a list of questions •Comments acknowledged No action at this time Evan Sugden, Bousefields Consulting •Client owns 4431 Victoria Ave. •He will be making a request for an employment land conversion on these lands to mixed use. This would be an amendment to the OPA so the north half would be maintained as employment while southern half would be mixed use. •Comments acknowledged and Staff will evaluate the request. No action at this time Written Comments received through Circulation: Name/Author Date Submitted Comments Staff Response Staff Action Evan Sugden, Bousefields Inc. July 2, 2021 •Re: 4431 Victoria Avenue (1.91 ha in size) •Requesting for a conversion from Employment to a Mixed Use land use designation. •Staff can support the submitted conversion request with the identification of a new Employment Area. The requested land use change will be reflected in the amending documents. Niagara Industrial Association July 12, 2021 •Supportive of the employment amendment as proposed. •No response No action required. Bill Croker June 25, 2021 and July 7, 2021 •Dell Cemetery should be recognized in zoning as something other Industrial or Prestige Industrial. The following changes were suggested: •An Open Space designation and Zoning can be applied to the Cemetery lands. •Residential development in this location to The amending documents can reflect the Dell Cemetery use. No action on suggested changes. Page 11 of 51 Page 162 of 1156 Appendix 1 - Page 3 Name/Author Date Submitted Comments Staff Response Staff Action • The whole area should be residential instead of employment to support hospital staffing •The river frontage should remain accessible to the public. •The exact area of the wastewater treatment plant should be defined. •Does not support employment – prefers residential development of the lands. support the new hospital would be incompatible with the proposed South Niagara Falls Wastewater Treatment Facility and draw the hospital supportive uses away from the Grand Niagara Secondary Plan hospital district. •The Region will define the exact area of the wastewater treatment plant through their process. •The City has identified its needs for employment lands and has sufficient residential lands until 2041. Callum Sheddon, Daniel & Partners, LLP July 12, 2021 •Re: 5789 Lyon’s Creek Rd and 7047 Reixinger Road (Global Country of World Peace) •Opposed to the land use change as the developer wishes to develop the property for mixed use. •It is suggested that the City wait and work in conjunction with the Region’s New Official Plan. •The City has identified its needs for employment lands and has sufficient residential lands until 2041. The Region’s proposed South Niagara Falls Wastewater Treatment Facility would be an incompatible land use for the proposed residential use. •City Staff have collaboratively worked in conjunction with Regional Staff through this Study and the Region’s New Official Plan work. No Action on residential/mixed use request. Jennifer Vida, JV Consulting June 23, 2021 •Re: lands north of Bridge St., east of Victoria Avenue •Supports the Employment Land Strategy and the conversion of her Client’s property from Industrial to Mixed Use 2. •No response – contained within the proposed amendments. No action required. Gregory Marino July 11, 2021 •Re: 7119 Reixinger Rd. •Generally not in favour, several zoning questions were included in the correspondence. •Staff responded in writing to Mr. Marino's questions regarding possible impact on property values, municipal taxes, building No action required. Page 12 of 51 Page 163 of 1156 Appendix 1 - Page 4 Name/Author Date Submitted Comments Staff Response Staff Action enlargement or new uses. (Mr. Marino’s property is currently zoned Industrial, residential expansion currently needs approval for extension of a non-conforming use). Stephan Armstrong, Armstrong Planning July 8, 2021 •Re: 7983-8003 Montrose Rd (Warren Woods) •Warren Woods Land Development Corporation is requesting a mixed use development rather than industrial on their lands. •Staff cannot support the conversion request as these lands are strategically located and have access to the QEW which makes these lands very marketable for future industrial use. No action required. Bob Daniel July 12, 2021 •Generally opposed to the employment lands strategy with regards to the Grassy Brook Area. No other specific comment. •The City has identified need for additional employment lands to accommodate jobs forecast and has sufficient residential lands until 2041. No action required. Joedy Burdett July 13, 2021 •Re: Bridge St. area •Concerns expressed on how the CB4 Zoning affects the property, north of Bridge Street, east of Victoria Avenue. •The zoning concerns were addressed in the Open House discussion most associated with the Transit Station Area Zoning amendment in the Downtown. No action required. Antonio Mancuso, Mancuso Chemicals September 21, 2021 •Advocates the protection of employment lands in Niagara Falls from residential encroachment and supports the recommendations of the Employment Lands Strategy. •No response required.No action required. Judy Doerr July 27, 2021 •States that long term planning of land should first have environmental policy standards in place to ensure that natural heritage and water resource systems are never put at risk. •Any future development will required environmental studies with regards to water quality and quantity as well as natural heritage systems. •All natural areas regulated by the NPCA will be reflected on mapping. No action required at this time. Del Rollo, Arterra Wines Canada September 15, 2021 •Advocates the protection of employment lands in Niagara Falls from residential encroachment and supports the recommendations of the •No response required.No action required. Page 13 of 51 Page 164 of 1156 Appendix 1 - Page 5 Name/Author Date Submitted Comments Staff Response Staff Action Employment Lands Strategy. John R. McCallum, Garden City Custom Services November 4, 2021 •Advocates the protection of employment lands in Niagara Falls from residential encroachment and supports the recommendations of the Employment Lands Strategy. •No response required.No action required. Steven Cohen, Salit Steel September 30, 2021 •Advocates the protection of employment lands in Niagara Falls from residential encroachment and supports the recommendations of the Employment Lands Strategy. •No response required.No action required. (Agency Comments) NPCA August 3, 2021 •No objections subject to the inclusion of all NPCA regulated areas on the OP and Zoning mapping. •It is the intent of Staff to include all regulated areas within the final documents. Regulated areas will be reflected in the amending documents Enbridge Gas June 23, 2021 •No objection No action required. Bell Canada June 25, 2021 •No objection No action required. Niagara Falls Fire Dept August 3, 2021 •No objection No action required. Niagara Falls Transportation Services June 28, 2021 •No objection •No response required.No action required. Niagara Region Planning & Development Services November 5, 2021 •The Employment OPA should be paused until the Region’s new OP is adopted to ensure conformity. •The City’s Employment Strategy forecasts lower densities than the Region’s forecast. •The City’s Employment Strategy does not reflect the Employment forecast set out in the August 2021 Land Needs Assessment, endorsed in principle by Regional Council. •The Employment Strategy should be updated to align the City and Region’s Employment Area boundary. •Niagara Region has actively participated in the drafting of the City’s Employment Lands Strategy. Going forward the City will continue to collaborate with the Region to ensure conformity. •The City’s Employment Lands Strategy completed a more detailed analysis of current and anticipated employment densities. •The forecast used by the Employment Strategy has been updated to reflect the most recent Land Needs Assessment from a more recent starting point of 2020 (rather than 2016 as used by the Region). •City Staff will work with Regional Staff to ensure •Planning Staff have coordinated with Regional Staff with respect to implementing amendments. •All forecasts have been updated. Page 14 of 51 Page 165 of 1156 Appendix 1 - Page 6 Name/Author Date Submitted Comments Staff Response Staff Action alignment of the Employment Area Boundary. PUBLIC MEETING – JULY 13, 2021 Name/Author Date (written & oral) Submitted Comments Staff Response Staff Action Steven Armstrong, Armstrong Planning July 8, 2021 written & oral presentation •Re: Warren Woods Development Corp lands – 25 acres adjacent to Empire Development. •The submission is that this property on Montrose Rd be developed for mixed housing commercial/ mid-rise apartment units as a transition to residential even though there is highway exposure. This is based on the need for rental and affordable housing and mixed use would be suitable. Employment through office and retail on the ground floor of the mixed use portion of the development. •The industrial use of this land was approved through the Warren Woods Secondary Plan. There are industrial uses to the north, south and on the other side of the QEW. •The proposed mixed use would not address the type of employment targeted and needed by the City to meet its 2051 jobs target. Staff does not support the requested conversion to mixed use/residential for these lands. Rocky Vacca Oral •Also speaking on behalf of Empire Development (see above). Suggests that the lands are far removed from other industrial lands. •There are industrial uses to the north, south (intercepted by an environmental area only) and on the other side of the QEW. Staff does not support the requested conversion to mixed use/residential for these lands. Rick Brady Oral June 23, 2021 written •Re: 9104 McLeod Rd (F. Constabile), study recommends industrial to residential and they are in agreement. It would be difficult to put industrial uses on this now because of surrounding residential uses. Deferral of the amendment is questioned, why the need for it here? May apply to other lands but not here - development will be slowed down. Requests the removal of the deferral. •This particular deferral could probably be removed. Deferrals will not be part of the final amending documents. Rocky Vacca Oral •Re: 9104 McLeod Rd •The deferral is not a provision under the Planning Act. What needs to be done to remove •This particular deferral could probably be removed. The removal of this deferral will be incorporated into the recommendation to Page 15 of 51 Page 166 of 1156 Appendix 1 - Page 7 Name/Author Date (written & oral) Submitted Comments Staff Response Staff Action the deferral and what would be the timing? Council. William Overal (did not speak)n/a Paul Potter (did not speak) n/a Jeffrey Dreben (did not speak)n/a Brenda Khes, GSP Group Oral •Re: 9015 Stanley Avenue (King Waldorf lands) •A site selection criteria was not clearly spelled out in the report. The Owners have submitted an application for a comprehensive plan, they had a pre-consultation in 2018 and have been actively working to fulfill reports for the development. •The pre-consultation meeting was 3 years ago and pre-dated the City’s Employment Land Needs Study and the identification of the Region’s proposed South Niagara Falls Wastewater Treatment facility. •A pre-consultation meeting does not confirm Staff or City support for a proposed land use designation change and does not constitute a complete application. •The employment area to the north of these lands and the use of Stanley Avenue as industrial access would be a factor in considering residential use of these lands. The Employment Lands Study identifies a need for a new employment area and all research performed by the Consulting team indicates that Grassy Brook is the preferred location. Page 16 of 51 Page 167 of 1156 APPENDIX 2 to PBD-2022-61 Chronology of Process and Public Consultation to date Date Status Public Consultation early 2020 City retained Watson & Associates Economists Ltd. (Watson), in partnership with Dillon Consulting Ltd. (Dillon) and MDB Insight Inc. (MDB) to conduct an Employment Lands Strategy. - Spring 2020 Background work - the current state of City’s employment lands in terms of their market supply potential, relative strengths and weaknesses by geographic location, and overall market competitiveness Key Stakeholders contacted and invited to participate in telephone interviews (Regional and City Staff and departments, industrial brokers and local industrial based employers) September 2020 Phase 1 Report issued (policy context review and gap analysis, economic trends, current and potential employment land supply, intensification potential, review of Region’s employment area strategy and key stakeholder interviews) Report posted on the City’s Let’s Talk platform April 2021 Phase 2 Report issued (direction regarding employment land needs, a framework and evaluation of potential employment area conversion to non-employment uses, strategic planning policy recommendations and marketing strategies to deliver investment-ready lands) Report posted on the City’s Let’s Talk page. April 2021 PBD-2021-18, Council received the Phase 2 report and direct Staff to proceed to Phase 3, including consultation with the community A copy of the report to Council is posted to the Let’s Talk page. June 18, 2021 Re: draft employment amendments Notice of Open House (date) and Public Meeting (June 19, 2021) published in the Niagara Falls Review, on the City’s webpage and mailed to all affect property owners (within 200m) and commenting agencies June 18, 2021 Draft amending documents Made available for public and agency review (including City’s Let’s Talk platform) June 29, 2021 Open House 5 speakers 14 written submissions (some speakers also submitted written submission) during consultation through to Public Meeting July 13, 2021 Statutory public meeting 5 speakers December 2021 PBD-2021-79, Council received the Phase 3 Report, directed Staff to prepared draft Official Plan and Zoning By-law Amendments for additional stakeholder consultation and for consideration and adoption at a later date. Let’s Talk page updated with the decision/direction of Council. All comments received to date was included as an Appendix to PBD-2021-79 with Staff response. July 4, 2022 Notification of draft amendments made available online for review and comment Sent by email to all those who attended or spoke at the previous Open House or Public Meeting or requested notification through the Let’s Talk page, email or by telephone. July 8, 2022 Formal notification of 2nd Public Meeting for review of draft amendments Sent by email or mail to all those Sent by email to all those who attended or spoke at the previous Open House or Public Meeting or requested notification through the Let’s Talk page, email or by telephone. August 9 2nd Public Meeting with draft amendments Page 17 of 51 Page 168 of 1156 APPENDIX 3 to PBD-2022-61 SUMMARY OF COMMENTS received for the August 9, 2022 Second Public Meeting Name/Author Date of submission Submitted Comments Staff Response Staff Action William Croker July 11, 2022 •A request was made to see a map with the location of the Region’s Waste Water Treatment facility overlaid over the proposed zoning amendment (to show lack of land for industrial and that residential use would be better) •A copy of a map was forwarded to Mr. Croker as requested. Staff are still supportive of the employment area use of the lands. •No changes to the recommendation or draft amendments. Matt Kernahan (Upper Canada Consultants) July 19, 2022 •Re: 9304 McLeod Road •Noted that a 2021 NPCA Permit was obtained to relocate the watercourse and associated floodplain and requested that the mapping for the OP and Zoning By-law amendments reflect this. •Requested that the SPA provision apply to the whole of the lands. •Requested that the DH zoning apply to the whole of the lands save and except the floodplain area. •The City has not received updated regulated area mapping from the NPCA for these lands. •Lands located to the east of the floodplain are already designated residential (Schedule A3 – Garner South Secondary Plan) •Lands located to the east of the floodplain are already zoned DH in By-law 79-200. •Mapping in the OP can be updated without further amendment once updated mapping is received from the NPCA. •No action is required for the Official Plan and Zoning By-law amendment schedules since the designations already apply to those lands. Niagara Region July 27, 2022 •The policies should identify Core and Dynamic Employment Areas on Schedule A-7. •add employment density forecasts for Employment Areas. •clarification that the conversion of lands within an Employment Area can only be made through a Regionally led Municipal Comprehensive Review and that conversions of Employment Lands must not only meet the criteria listed by the Municipality but also ensure that the conversion will result in no net loss of employment numbers. •additional wording to the Special Policy Area designation for 9304 McLeod Road note that any future Planning Act Application will be subject to further studies addressing employment land conversion (Policy 8.32, job replacement showing how future jobs will be provided on the lands) and risk assessment of residential encroachment on employment land uses. •Changes can be incorporated prior to adoption of the amendments to ensure conformity •Changes will be made within the amendments where required Page 18 of 51 Page 169 of 1156 OFFICIAL PLAN AMENDMENT NO. XXX PART 1 – PREAMBLE (i) Purpose of the Amendment The purpose of the amendment is to update existing policies and introduce new policies within the City of Niagara Falls Official Plan respecting employment lands that implement the recommendations of the City of Niagara Falls Employment Lands Strategy. (ii) Location of the Amendment The amendment applies to all lands within the City of Niagara Falls currently designated for employment (industrial) uses as well as those lands proposed to be re-designated as part of this amendment, either from a current employment (industrial use) to a new land use or from an existing land use to an employment land use. (iii) Details of the Amendment Map Change • Schedule A is amended to illustrate the City’s designated employment lands. The ‘Industrial’ land use designation within the leg end of Schedule A is amended such that the word ‘Industrial’ is replaced with the word ‘Employment’ • Schedule A-5 is amended to illustrate the recommended conversions within the Transit Station Secondary Plan • Schedule A-7 is a new schedule depicting the City’s employment lands, Employment Areas, the Gateway Economic Zone, and the Region’s Employment Area overlay Text Change • The amendment updates Section 8 - Industrial of the Official Plan to address issues of consistency and conformity with Provincial and upper- tier plans, as well as general reorganization. • Minor revisions were made throughout the Official Plan, related to the replacement of the word ‘Industrial’ with the word ‘Employment’ and other clarifications respecting employment lands and Employment Areas. (iv) Basis of the Amendment Watson & Associated Economists Ltd (Watson), in partnership with Dillon Consulting Ltd (Dillon), and MDB Insight Inc. (MDB), were retained in the winter of 2020 by the City of Niagara Falls to conduct an Employment Lands Strategy with the intent to provide a long-term vision and planning policy framework for the City to enhance the competitive position for industrial and office employment. The study assessed the City’s long-term employment land needs to the 2051 planning Page 19 of 51 Page 170 of 1156 horizon, considered the adequacy and marketability of the City’s ‘shovel-ready’ employment lands in the near-term, and provided a number of policy recommendations for implementation to achieve consistency, conformity and alignment with upper-tier and provincial planning policy. The Niagara Falls Employment Land Strategy was subject to a number of stakeholder sessions, as well as a public consultation process on the proposed recommendations and implementing amendments to the Official Plan and Zoning By-law. A Statutory Public meeting under the Planning Act was held on July 13, 2021. Page 20 of 51 Page 171 of 1156 PART 2 - BODY OF THE AMENDMENT All of this part of the document entitled PART 2 – Body of the Amendment, consisting of the following text and attached maps, constitute Amendment No. XX to the Official Plan of the City of Niagara Falls. DETAILS OF THE AMENDMENT The Official Plan of the City of Niagara Falls is hereby amended as follows: 1. MAP CHANGES a) SCHEDULE A – FUTURE LAND USE PLAN of the Official Plan is amended by: i) revising the legend to replace the word ‘Industrial’ with the word ‘Employment’; ii) redesignating lands currently identified as ‘Resort Commercial’ to ‘Employment’ as shown on the map attached entitled “Map 1 to Amendment No. XX; iii) redesignating lands currently identified as ‘Industrial’ to ‘Minor Commercial’ as shown on the map attached entitled Map 2 to Amendment No. XX; iv) redesignating lands currently identified as ‘Industrial’ to ‘Minor Commercial’ as shown on the map attached entitled Map 3 to Amendment No. XX; v) redesignating lands currently identified as ‘Industrial’ to ‘Residential’ and identified as Special Policy Area XX as shown on the map attached entitled Map 4 to Amendment No. XX. b) SCHEDULE A-5 – TRANSIT STATION SECONDARY PLAN AREA is amended by redesignating a portion of the lands currently identified as ‘Employment’ to ‘Mixed Use 2’ as shown on the map attached entitled Map 5 to Amendment No. XX c) A new SCHEDULE A-7 –EMPLOYMENT LANDS is added as shown on the map attached entitled “Map 6 to Amendment No. XX”. 2. TEXT CHANGES a) TABLE OF CONTENTS is amended by replacing the word ‘INDUSTRIAL’ with the word ‘EMPLOYMENT’. b) PART 1, SECTION STRATEGIC POLICY DIRECTION is amended as shown below, with deletions shown in a strikethrough and additions shown highlighted and underlined: “…In order to provide for future employment opportunities within the City areas most suited for such uses are to be protected from non-employment uses. The tourism industry is now the major employer with the decline of heavy manufacturing. Lands along the Queen Elizabeth Way are ideal for those employment opportunities dependent on cross-border trade and the movement of Page 21 of 51 Page 172 of 1156 goods. It is the intent of this Plan to identify these areas and protect them for future employment. Schedule A-27 identifies the Gateway Economic Zone, which are is comprised of the total geographic area of lands within the Urban Area Municipalities of Niagara Falls and Fort Erie, which, due to their proximity to major international border crossings, have unique economic importance to the City and Niagara Region. Lands within the Niagara Economic Gateway are preferred for the identification of future Employment Areas and Provincially Significant Employment Zones. It is the intent of this Plan to identify these areas and protect them for future employment.” c) PART 1, SECTION 2, GROWTH OBJECTIVES is amended by replacing the word ‘Industrial’ with the word ‘Employment’ within Objective 12. d) PART 1, SECTION 2, POLICY 2.7 is amended as shown below, with deletions shown in a strikethrough and additions shown highlighted and underlined: “2.7 The City shall identify lands Employment Areas located within the Urban Area along the Queen Elizabeth Way, are identified on Schedule A-7. Lands within these Areas are to be protected for employment uses under the Gateway Economic Zone directive of the Province. The City may identify future employment areas where required, which would become an Employment Area following a settlement area boundary expansion exercise.” e) PART 1, SECTION 3, INTENSIFICATION, is amended by: i) replacing the word ‘Industrial Areas’ with the word ‘Employment Areas’ in POLICY 3.10. ii) replacing the word ‘Industrial’ with the word ‘Employment’ in POLICY 3.16.12 . iii) adding the word ‘and’ after the word ‘service commercial’ and before the word ‘employment’; and, deleting the words ‘and industrial’ after the word ‘employment’ and before the word ‘uses’ in POLICY 3.20. iv) by replacing the word ‘Industrial’ with the word ‘Employment’ in POLICY 3.20 f) PART 2, SECTION 1, POLICY 1.16.3 (vi) is amended by replacing the word ‘industrial’ with the word ‘employment’. g) PART 2, SECTION 4, is amended by: i) replacing the word ‘PART 2’ with the word ‘PART 4’; and, replacing the phrase ‘Sections 2.9 and 2.10’ with ‘Section 8’ in POLICY 4.1.4. ii) replacing the word ‘industrial’ with the word ‘employment’ in POLICY 4.2.7.1 a). h) PART 2, SECTION 8 INDUSTRIAL, is amended by replacing the word ‘INDUSTRIAL’ with the word ‘EMPLOYMENT’. i) PART 2, SECTION 8, PREAMBLE is amended as shown below, with deletions shown in a strikethrough and additions shown highlighted and underlined: Page 22 of 51 Page 173 of 1156 It is the intent of this Plan to provide opportunities for the expansion of existing industry and the stimulation of new industrial growth . Employment lands and Employment Areas within the City will provide a diverse collection of parcels and opportunities for Greenfield development and intensification of existing employment sites in order to allow the City competitively respond to market demands and meet employment needs to 2051. The City’s Employment Areas and employment lands are shown together on Schedule A-7- Employment Lands. Objectives To this end, t The policies of this Plan promotes • infilling and redevelopment within established industrial districtsEmployment Areas in the Built-up Area; as well as • the progressive development of lands vacant employment lands within the Built-up area and within the Greenfield Area for new industry and employment uses; and • In accommodating the changing needs of industry and business growth trends . Emphasis will be placed on improved aesthetics and environmental quality, including measures which will safeguard the integrity of adjacent land uses. The proximity of employment uses to residential and other uses is critical in the future growth of the City as a complete community. The contribution of employment to economic growth and diversity is clearly recognized in this Plan. In order to maintain a strong and competitive resource base, programs which provide for the enhancement of industrial districts Employment Areas and the attraction of new firms will be pursued. j) PART 2, SECTION 8, POLICIES is deleted and replaced with the following: 8.1 The lands designated Employment are shown on Schedule A – Future Land Use Plan. The City’s Employment Areas and employment lands are shown together on Schedule A7- Employment Lands. 8.2 The primary uses permitted in areas designated on Schedule "A" as Employment will be for: manufacturing, assembly, fabricating, processing, reclaiming, recycling, warehousing, distribution, laborat ory and research, and storage. All forms of service industries and utilities are included within this definition. Adult entertainment parlours and body-rub parlours will also be permitted within the employment designation subject to other policies of this plan. In addition, the following uses may be permitted on employment lands, subject to the policies of Subsection 8.14. 8.2.1 Uses that are ancillary to an employment use, including offices, retail and wholesale showrooms and outlets for products produced on the premises. 8.2.2 Commercial services such as, but not limited to, banks, restaurants, convenience retail outlets, material suppliers, which are incidental to the Employment Area, servicing industries and their personnel. Page 23 of 51 Page 174 of 1156 8.8.3 Corporate and business offices. 8.8.4 Health and fitness facilities, conference centres and private clubs. 8.3 Several categories of employment land uses will be established in the Zoning By-law to accommodate a variety of activities ranging from heavy industrial to prestige employment uses. Moreover, employment zones will be arranged in a gradation with the lighter, more prestige type uses located near residential areas and other sensitive land uses. In the zoning of lands for employment purposes, regard will be had to the following objectives. 8.3.1 To group employment uses with similar characteristics and performance standards. 8.3.2 To provide a suitable environment for employment uses, free from interference and restriction by other uses. 8.3.3 To minimize potential land use conflicts caused by the indiscriminate mixing of heavier and light industrial types. 8.3.4 To protect adjacent lands, particularly residential areas from the effects of incompatible uses. 8.3.5 General industrial or heavy industrial uses will b e separated from residential areas, wherever possible, in order to protect such areas from the effects of noise, heavy traffic and other offensive characteristics. 8.4 Council will consider amendments to the Zoning By-law to permit the establishment of free-standing offices, recreational and commercial services and other complementary land uses within Employment Areas that are not planned for industrial or manufacturing uses in order to progressively accommodate changing market conditions and new development trends. Such uses, however, will be restricted as to their location, size and extent of operations, having regard to the following. 8.4.1 Employment Areas are not intended to serve a significant commercial function. In this regard, Council will exercise discretion in considering the use of Employment Areas for non-employment purposes in order to promote employment as the predominant land use. 8.4.2 Frontage lands along controlled access highways and high volume arterial roadways will be preserved for em ployment and business uses which require visual prominence and which foster a good impression of the community. 8.4.3 Wherever possible, commercial service and office uses shall be grouped in multiple use buildings and shall be discouraged to proliferate along arterial road frontages. Page 24 of 51 Page 175 of 1156 8.4.4 Commercial and office developments generate higher densities of employment and visits by the public. Where such development is proposed, Council will ensure that appropriate provision is made for on-site parking, traffic circulation, transit and pedestrian safety. Where appropriate, the City will encourage a variety of transportation demand management measures for higher density employment uses. 8.4.5 The integration of businesses and other complementary land uses with industrial/employment uses will be encouraged in business park settings where a premium is placed on aesthetic appeal and environmental quality. 8.5 The Province may identify Provincially Significant Employment Zones and provide specific direction for planning within an identified Provincially Significant Employment Zone to be implemented through appropriate Official Plan policies, designations and economic development strategies. The City will work with the Region and the Province to identify, plan for, and protect Provincially Significant Employment Zones. 8.6 While the Province has not identified any Provincially Significant Employment Zone within the City of Niagara Falls, the City will integrate any identified Provincially Significant Employment Zone into Schedule A-7 of the Official Plan. Any updates to the Official Plan mapping respecting a PESZ to reflect changes made by the Province can be completed without the need for an Amendment to this Plan. 8.7 Council will coordinate with the Region in promoting development of the City’s employment lands. Council may pass by-laws, acquire and develop lands or otherwise ensure an adequate supply of serviced land is available for prospective employment developments. 8.8 The City will take a co-ordinated approach to planning for large areas with high concentrations of employment that cross municipal boundaries and are major trip generators, including co-ordination on matters such as transportation demand management and economic development. 8.9 The development of new employment uses on vacant employment lands within the City’s Urban Area is encouraged. 8.10 The redevelopment and intensification of existing employment uses within the Built-up Area with uses that are compatible with surrounding land uses is encouraged. 8.11 In order to maintain land use compatibility, within Employment Areas planned for industrial or manufacturing uses, residential uses and other sensitive land uses that are not ancillary to the primary employment uses are prohibited from encroaching on Employment Areas and an appropriate transition to employment areas should be provided. Page 25 of 51 Page 176 of 1156 8.12 Development proposals for employment uses on designated employment lands shall be planned and developed to avoid and minimize potential adverse effects from odour, noise and other contaminants, minimize the risk to public health and safety, and to ensure the long-term operational and economic viability of major facilities in accordance with Provincial guidelines, standards and procedures. 8.13 Where avoidance is not possible in accordance with Policy 8.12, the long- term viability of existing or planned industrial, manufacturing or other uses that are vulnerable to encroachment by ensuring that the planning and development of proposed adjacent sensitive land uses are only permitted where the following are demonstrated: 8.13.1 there is an identified need for the proposed use, 8.13.2 alternative locations for the proposed use have been evaluated and there are no reasonable alternative locations, 8.13.3 adverse effects of employment uses on the proposed sensitive land use are minimized and mitigated, and, 8.13.4 potential impacts of sensitive uses on industrial, manufacturing or other uses are minimized and mitigated as demonstrated through studies. 8.14 Employment uses which are offensive or dangerous to the general health, safety and welfare of community residents shall only be permitted through site specific zoning amendments, where deemed appropriate. 8.15 In order to ensure that obsolete industrial bu ildings and formerly occupied industrial sites are suitable for redevelopment, compliance with Provincial guidelines and Part 3, Section 6 will be sought prior to any new development. 8.16 Adequate vehicular access, off-street parking and loading facilities will be required in clearly defined areas for all development and redevelopment within employment lands and areas. Where possible, development plans for new employment uses or the expansion of existing employment uses should seek to minimize surface parking, where possible, and, where necessary, provide a high-quality design of surface parking on the site. 8.17 Development proposals on lands adjacent to existing employment uses are encouraged to integrate the design and dimensions of structures, parking areas and access points with those of the adjacent uses. 8.18 As far as possible, traffic generated by employment uses will be prohibited from penetrating designated Residential areas. 8.19 Signs in Employment Areas will be regulated by appropriate by -laws in order to avoid conflicts with effective traffic control and the general amenity of the area. Page 26 of 51 Page 177 of 1156 8.20 In order to enhance the viability of Employment Areas, Council, where feasible and deemed appropriate, will encourage the appropriate authorities to establish, maintain and improve the accessibility of Employment Areas through the provision of highways, interchanges, arterial roads, bridge, rail and public transit services. 8.21 Council will encourage and, where feasible, assist in the relocation of uses not permitted in areas designated for employment purposes and in the relocation of existing industries located outside of designated employment lands and Employment Areas into such areas. 8.22 Council will encourage and where feasible, assist in programs for the improvement of the appearance and amenity of employment lands and Employment Areas. 8.23 (OPA #45, approved January 2003) Notwithstanding that adult entertainment parlours have not been historically permitted in any land use designation, a limited number of licensed adult entertainment parlours and body-rub parlours currently exist throughout various geographic areas of the City. It is the intent of this Plan to provide guidance and direction with respect to appropriate areas of any new licensed adult entertainment parlours and body-rub parlours or their relocation. Generally, adult entertainment parlours and body-rub parlours are not promoted as a land use in any part of the City. In particular, adult entertainment parlours and body-rub parlours shall not be permitted in designations and zones of a predominantly residential, institutional, commercial, rural, agricultural and parks and open space nature. These areas are considered to be incompatible with adult entertainment as they are frequented by families with children, tourists, have high pedestrian traffic volumes or are subject to economic revitalization that could be adversely affected. Rural and agricultural areas are not serviced and would generally not be compatible with these urban uses. In order to minimize adverse effects, adult entertainment parlours and body-rub parlours shall be appropriately separated from sensitive zones including Residential, Development Holding, Institutional and Open Space zones; as well as specific sensitive land uses such as places of worship, residential care facilities, campgrounds, schools, day care centres, children's museums, parks, arenas and other similar community/institutional or public uses regardless of their zone category. An appropriate separation distance shall be a minimum of 300 metres from the property line associated with the sensitive use or zone to the building of the body-rub parlour or adult entertainment parlour. The 300-metre separation distance noted above shall not apply in cases where the QEW, hydro canal and Welland River, which represent effective physical barriers, are present. Furthermore, no exterior wall of any adult entertainment parlour and/or body -rub parlour Page 27 of 51 Page 178 of 1156 buildings shall be located closer than 100 metres from the road allowance of a controlled access highway. Notwithstanding this policy, the property municipally known as 8675 Montrose Road, situated at the southwest corner of Montrose Road and Chippawa Creek Road, is excluded from the 100-metre setback requirement from the QEW. In addition to the above, neither adult entertainment parlours nor body -rub parlours will be permitted within lands, generally situated south of Brown Road and west of Kalar Road, which are subject to the development of a Christian resort commercial development. These lands are also considered as a sensitive land use and adult entertainment parlour and body -rub parlour buildings shall be separated from these lands by a minimum distance of 300 metres. Further, the industrial employment lands situated along the north side of Bridge Street, east of Victoria Avenue, are not suitable for an adult entertainment parlour or body -rub parlour. It is the policy of this Plan to avoid a future concentration of licensed adult entertainment parlours and body-rub parlours within one geographic area of the City. In order to avoid clustering, the City's zoning by -law shall be amended to establish an appropriate distance separation between and among adult entertainment parlours and body-rub parlours.” k) PART 2, SECTION 8, GREENFIELD AREA is amended by: i) renumbering Policy 8.5 to Policy 8.24 and replacing the word ‘industrial’ with the word ‘employment’ ii) by renumbering Policy 8.6 to Policy 8.25 and subsequently renumbering the sub-policies accordingly iii) is amended by replacing the word ‘industrial’ with the word ‘employment’ in Policy 8.25.4 (former Policy 8.6.4) iv) renumbering Policy 8.7 to Policy 8.26 and subsequently renumbering the sub - policies accordingly l) PART 2, SECTION 8, QEW EMPLOYMENT CORRIDOR is amended by: i) renumbering Policy 8.8 to Policy 8.27 and subsequently renumbering the sub - policies accordingly. ii) by modifying the second and third paragraphs in Policy 8.27 (former Policy 8.8) as shown below, with deletions shown in a strikethrough and additions shown highlighted and underlined: “The QEW is the major highway transportation corridor through the Niagara Region. It conveys goods and people within, to and from the Golden Horseshoe area and western New York State. Development of lands adjacent to the QEW has played a significant role in the economy of the Niagara Region and such Page 28 of 51 Page 179 of 1156 lands within the City's urban area can be capitalized on for future employment growth. The corridor, located along the QEW as shown on Schedule A -2 extending from south of Lundy's Lane to the interchange at Lyon's Creek Road, includes a substantial amount of vacant Greenfield land and under-utilized parcels within the Built-up Area. This corridor, given its exposure and accessibility to the QEW, is well suited to the development of employment uses that require highway frontage. The lands that extend south of the Welland River have recently been serviced with municipal water and sanitary facilities, which have opened up these lands for the development of employment uses. This corridor also marks the southern gateway into the urban area of the City. Given its locational advantages, this corridor can play a major role in implementation of the Gateway Economic Zone as envisaged by the Growth Plan of the Greater Golden Horseshoe. The urban areas of Niagara Falls and Fort Erie are identified as the Gateway Economic Zone The Gateway Economic Zone is comprised of the total geographic area of the municipalities of Niagara Falls and Fort Erie, including all major goods movement facilities and corridors identified by the Region. which. The Gateway Economic Zone is to be developed to support economic diversity and the promotion of cross-border trade, the movement of goods and tourism. Due to the proximity to the U.S. border, the Gateway Economic Zone has a unique economic importance to the region and the province. The intent of the QEW Employment Corridor policies is to assist in the capitalization of trade and the movement of goods and to protect these lands from conversion to non -employment uses. Moreover, the overarching goal of the policies is the establishment of employment uses on these lands that add to the overall diversity of employment in the City.” m) PART 2, SECTION 8, GENERAL POLICIES is deleted in its entirety as it has been incorporated into PART 2, SECTION 8, POLICIES through Modification “i)” of this document. n) PART 2, SECTION 8, amended by adding a new sub -section, EMPLOYMENT CONVERSIONS, as shown below: “EMPLOYMENT CONVERSIONS 8.28 The City may permit the conversion of lands within E mployment Areas to non-employment uses but only through a municipal comprehensive review where it has been demonstrated that the conversion meets each of the tests identified in Policy 8.29 and where it meets at least one of the following strategic objectives: 8.28.1 promotes brownfield redevelopment, 8.28.2 addresses issues related to land use incompatibility in accordance with Policy 8.13 of this section, 8.28.3 provides affordable housing, or, Page 29 of 51 Page 180 of 1156 8.28.4 meets any of the other strategic direction of this Plan. 8.29 The conversion of lands within Employment Areas to non-employment uses may be permitted only through a Municipal Comprehensive Review where it is demonstrated that 8.29.1 there is a need for the conversion; 8.29.2 the lands are not required over the horizon of this Plan for the employment purposes for which they are designated; 8.29.3 the City will maintain sufficient employment lands to accommodate the forecasted employment growth to 2051; 8.29.4 the proposed uses would not adversely affect the overall viability of the Employment Area or the achievement of the minimum intensification and density targets of this Plan and the Growth Plan, as well as any other applicable policies of this Plan and the Growth Plan; 8.29.5 there is existing or planned infrastructure in place to accommodate the proposed use; and, 8.29.6 cross jurisdictional issues, including but not limited to infrastructure, the environment and land supply have been considered. 8.30 Notwithstanding Policy 8.29, until the next Municipal Comprehensive Review, lands within existing Employment Areas may be converted to a designation that permits non-employment uses, provided the conversion would: 8.30.1 Satisfy the requirements of Policy 8.28; 8.30.2 Satisfy the requirements of Policies 8.29.1, 8.29.2 and 8.29.6; 8.30.3 Maintain a significant number of jobs on those lands through the establishment of development criteria; and, 8.30.4 Not include any part of an Employment Area identifi ed as a Provincially Significant Employment Zone unless the part of the Employment Area is located within a Major Transit Station Area as delineated in the Growth Plan. 8.31 Conversion of brownfield sites to non-employment uses, where the removal of the employment land is consistent with a Municipal Comprehensive Review, may be considered through an amendment to this Plan where at least one of the following criteria are met: 8.31.1 the reduction or elimination of any long-standing land use compatibility issues with surrounding conforming uses, 8.31.2 provision of affordable housing, Page 30 of 51 Page 181 of 1156 8.31.3 contributing to a mix of housing types and densities in the planning area, or; 8.31.4 the provision of facilities that assist in the development of a complete community. 8.32 The City may consider conversion of employment lands located outside of an Employment Area, subject to ensuring space is retained for a similar number of jobs to remain accommodated on the site and compliance with the criteria outlined in Policy 8.28. o) PART 2, SECTION 13, SPECIAL POLICY AREAS is amended: i) by replacing the word ‘Industrial’ with the word ‘Employment’ in Policy 13.4, ii) by replacing the words ‘employment area’ with the words ‘Employment Area’ in Policy 13.7, iii) by replacing the word ‘Industrial’ with the word ‘Employment’ in both instances within Policy 13.7.1, iv) by replacing the word ‘Industrial’ with the word ‘Employment’ in Policy 13.7.1.1i), v) by replacing the word ‘Industrial’ with the word ‘Employment’ in Policy 13.7.1.4, vi) by replacing the word ‘industrial’ with the word ‘employment’ in Policy 13.15, vii) by replacing the word ‘Industrial’ with the word ‘Employment’ in Policy 13.25, viii) by replacing the word ‘Industrial’ with the word ‘Employment’ in Policy 13.34.6, ix) by replacing the words ‘employment areas’ with the words ‘Employment Areas’ in Policy 13.44.4 x) by replacing the word ‘industrial’ with the word ‘employment’ in both instances within Policy 13.44.5, xi) by replacing the word ‘industrial’ with the word ‘employment’ in Policy 13.51.4, xii) amended by replacing the word ‘industrial’ with the word ‘employment’ in both instances; and replacing the word ‘properties’ with the word ‘property’ in Policy 13.56.2.2, xiii) by replacing the word ‘Industrial’ with the word ‘Employment’ in Policy 13.57, xiv) by replacing the word ‘Industrial’ with the word ‘Employment’ in Policy 13.57.2.2b), Page 31 of 51 Page 182 of 1156 xv) by replacing the word ‘industrial’ with the word ‘employment’ in Policy 13.57.2.2c), xvi) by replacing the word ‘Industrial’ with the word ‘Employment’ in Policy 13.62, xvii) by replacing the word ‘Industrial’ with the word ‘Employment’ in both instances within Policy 13.62.1, and xviii) by adding the following new policy: Policy 13.XX SPECIAL POLICY AREA “xx”. Special Policy Area “xx” applies to XX hectares of land on the south side of McLeod Road, east of Beechwood Road. The Residential designation of the lands will come into effect upon approval by the Niagara Region. Notwithstanding the policies contained in Part 2, Section 1, development of the lands will be subject to a 10m height restriction within a 2km radius of Phosphine Storage on Cytec Industries lands as shown on Appendix A to the Cytec Canada Inc. Emergency Response Plan, dated July 23, 2016. p) PART 3, SECTION 1, Policy 1.5.6 is amended by replacing the word ‘employment areas’ with the word ‘Employment Areas’ in both instances q) PART 3, SECTION 2, Policy 2.3.3 is amended by replacing the word ‘industrial’ with the word ‘employment’ r) PART 3, SECTION 6, Policy 6.7.2 is amended by replacing the word ‘industrial’ with the word ‘employment’ s) PART 3, SECTION 7, is amended: i) by replacing the word ‘industrial’ with the word ‘employment’ in Policy 7.3; and ii) amended by replacing the word ‘industrial’ with the word ‘employment’ in all instances within Policy 7.3ii). t) PART 4, SECTION 2 is amended: i) by replacing the word ‘industrial’ with the word ‘employment’ in Policy 2.3.11; ii) by deleting Policy 2.6.10 in its entirety and replacing it with the following: “2.6.10 Compliance with the applicable policies of Section 8, when considering the conversion of Employment Areas.” iii) by deleting EMPLOYMENT LAND CONVERSIONS its entirety as it has been incorporated into PART 2, SECTION 8, POLICIES through modification “m” of this document. u) PART 4, SECTION 5, Policy 5.3 is amended by replacing the word ‘Industrial’ with the word ‘Employment’ Page 32 of 51 Page 183 of 1156 v) PART 4, SECTION 6, Policy 6.5 is amended by replacing the word ‘Industrial’ with the word ‘Employment’ w) PART 4, SECTION 10, Policy 10.1 is amended by replacing the word ‘Industrial’ with the word ‘Employment’ x) PART 4, SECTION 11, Policy 11.3.9 is amended by replacing the word ‘industrial’ with the word ‘employment’ y) PART 5, SECTION 1 GARNER SOUTH, is amended: i) by replacing the word ‘employment areas’ with the word ‘Employment Areas’ in Policy 2.7.6, ii) by replacing the word ‘employment areas’ with the word ‘Employment Areas’ in Policy 2.7.7.1, iii) by replacing the word ‘industrial’ with the word ‘employment’ in Policy 2.7.7.1(b), iv) by replacing the word ‘industrial’ with the word ‘employment’ in Policy 2.7.7.1(c)’, v) by replacing the word ‘areas’ with the word ‘lands’ in Policy 2.8.6, vi) by replacing the word ‘industrial’ with the word ‘employment’ in Policy 2.13.3 , z) PART 5, SECTION 2 TRANSIT STATION SECONDARY PLAN, is amended: i) by replacing the word ‘industrial’ with the word ‘employment’ in Policy 1.11, ii) by replacing the word ‘industrial’ with the word ‘employment’ in Policy 2.7.2, iii) by replacing the word ‘Industrial’ with the word ‘Employment’ in Policy 2.7.3(a), iv) by replacing the word ‘industrial’ with the word ‘employment’ in Policy 2.7.4, v) by replacing the word ‘industrial’ with the word ‘employment’ in Policy 2.7.5, vi) by replacing the phrase ‘at employment areas’ with the phrase ‘on employment lands and in Employment Areas.” in Policy 3.13.5.3c); and vii) by replacing the word ‘industrial’ with the word ‘employment’ in Policy 4.14. aa) PART 5, SECTION 3 GRAND NIAGARA SECONDARY PLAN, is amended by: i) by replacing the word ‘areas’ with the word ‘uses’ in Principle 7 – Create Employment Opportunities; Objectives, bullet seven (7), ii) by deleting the word ‘Area’; and, replacing the phrase ‘Employment Areas’ with the phrase ‘employment lands’ in Policy 1.8.3, iii) by replacing the word ‘industrial’ with the word ‘employment’ in Policy 1.13.8 , iv) with the deletions shown in a strikethrough and additions shown highlighted and underlined to Policy 2.2 as shown below: Page 33 of 51 Page 184 of 1156 “2.2 Automobile service stations shall be permitted in Mixed Use and on employment Areas lands, subject to the following criteria:” v) by replacing the word ‘industrial’ with the word ‘employment’ in Policy 2.3, vi) by replacing the word ‘areas’ with the word ‘lands’ in Policy 3.2.6, vii) by replacing the word ‘industrial’ with the word ‘employment’ in Policy 3.2.10 , viii)by replacing the word ‘areas’ with the word ‘lands’ in Policy 4.1.11.4 , ix) by replacing the word ‘industrial’ with the word ‘employment’ in Policy 5.6. bb) PART 5, SECTION 4 RIVERFRONT COMMUNITY PLAN, is amended: i) by replacing the word ‘industrial’ with the word ‘employment’ in Principle 1: Create a Healthy, Complete Community, Objectives, bullet five (5), ii) replacing the word ‘industrial’ with the word ‘employment’ in Policy 1.5, iii) by replacing the word ‘Industrial’ with the word ‘Employment’ in both instances in Policy 2.2.2.4, iv) replacing the word ‘Industrial’ with the word ‘Employment’ in Policy 2.2.3 , v) by replacing the word ‘Industrial’ with the word ‘Employment’ in Policy 7.3. cc) APPENDIX I, DEFINITIONS is amended as follows: i) “Employment Lands” is amended as shown below with deletions shown with a strikethrough and additions shown highlighted and underlined: “Employment Lands Area”- an areas of land designated in an official plan for clusters of business and economic activities including, but not limited to, uses being: manufacturing, warehousing, offices uses and associated retail and ancillary uses. uses associated with or facilities ancillary to them; and areas supporting opportunities for cross-border trade, movement of goods and tourism.” ii) adding the following new defined term “Employment Lands” after the defined term “Employment Area” and before the defined term “Endangered Species”: “Employment Lands”- a broad range of lands designated for employment uses that may be located within or outside of Employment Areas, including light, medium and heavy industrial, business parks and rural employment lands. Employment lands accommodate primarily export-based employment, including a wide range of industrial uses (e.g., manufacturing, distribution/ logistics, transportation services) as well as specific commercial and institutional uses (e.g., office, service commercial, ancillary/ accessory retail) as set out in the Zoning By-law” iii) adding the following new defined term “Gateway Economic Zone” after the defined term “Forest Resource Areas” and before the defined term “Greening”: Page 34 of 51 Page 185 of 1156 “Gateway Economic Zone”- settlement areas identified in A Place to Grow: Growth Plan for the Greater Golden Horseshoe and conceptually depicted on Schedules 2, 4 and 6, that, due to their proximity to major international border crossings, have unique economic importance to the region and Ontario. The Gateway Economic Zone is shown on Schedule A-7 of the City of Niagara Falls Official Plan. iv) adding the following new defined term “Municipal Comprehensive Review” after the defined term “Mineral Resource Areas” and before the defined term “Natural Heritage Corridor”: “Municipal Comprehensive Review”- a new official plan, or an official plan amendment, initiated by an upper-or single-tier municipality under Section 26 of the Planning Act that comprehensively applies the policies and schedules of the Growth Plan for the Greater Golden Horseshoe v) amended by adding the following new defined term “Provincially Significant Employment Zone” after the defined term “Progressive Rehabilitation” and before the defined term “Portable Asphalt Plants”: “Provincially Significant Employment Zones”- Areas defined by the Minister in consultation with affected municipalities for the purpose of long -term planning for job creation and economic development. Provincially Significant Employment Zones can consist of Employment Areas as well as mi xed-use areas that contain a significant number of jobs. Page 35 of 51 Page 186 of 1156 WELLAND RIVER POWER CANAL ISLAND POWER CANAL GRASSY BROOK LYONS CREEK TEE CREEK QEW LYONS C R E E K R DMONTROSE RDSTANLEY AV&BLACKBURN PY KISTERRDD Y M E N T CR&GRASSY BROOK RD BIGGAR RD P R O G R E S S S T LOGA N RDEARLTHOMASAVDONMURIESTBECKRD STANLEYAVMCCREDIERDWILLODELL RD REI XINGE R RD DELLRDCHIPPAWA PYDORCHESTE RRDOAKWOODDRK:\SourceData\Shapes\OP\OP Amendment\OP Amendment Maps.aprx 5/26/2022 / 0 600 m Scale 1:12,000 Legend Land Use Employment Environmental Conservation Area Environmental Protection Area Open Space Note: the schedule forms part of Amendment No._ to the Official Plan for Niagara Falls and should be read in conjunction with the written text. Proposed Change from Resort Commercial to Employment Map 1 to Amendment No. xx to the Official Plan Schedule "A" - Future Land Use Plan Area affected by this Amendment Page 36 of 51Page 187 of 1156 &BEAVERTONBV BEAVERGLENDRBEAVERDAMSRD BEAVERVALLEYWYKALARRDK:\SourceData\Shapes\OP\OP Amendment\OP Amendment Maps.aprx 5/26/2022 / 0 40 m Scale 1:900 Legend Official Plan Minor Commercial Note: the schedule forms part of Amendment No._ to the Official Plan for Niagara Falls and should be read in conjunction with the written text. Map 2 to Amendment No. xx to the Official Plan Schedule "A" - Future Land Use Plan Area affected by this Amendment Page 37 of 51Page 188 of 1156 B IA M O N T E C R V A L L E Y W Y PORTAGERDK:\SourceData\Shapes\OP\OP Amendment\OP Amendment Maps.aprx 5/26/2022 / 0 40 m Scale 1:907 Legend Official Plan Minor Commercial Note: the schedule forms part of Amendment No._ to the Official Plan for Niagara Falls and should be read in conjunction with the written text. Map 3 to Amendment No. xx to the Official Plan Schedule "A" - Future Land Use Plan Area affected by this Amendment Page 38 of 51Page 189 of 1156 SPECIAL POLICY AREA XX MATTEODREMILY BVJONATHANDRPARSASTSHERRILEECR GARNERRDMC G A RRY DR &WARREN WOODS AV MC LE O D RD BEECHWOODRDK:\SourceData\Shapes\OP\OP Amendment\OP Amendment Maps.aprx 5/26/2022 / 0 240 m Scale 1:4,780 Legend Official Plan Residential Special Policy Area Note: the schedule forms part of Amendment No._ to the Official Plan for Niagara Falls and should be read in conjunction with the written text. Map 4 to Amendment No. xx to the Official Plan Schedule "A" - Future Land Use Plan Area affected by this Amendment Page 39 of 51Page 190 of 1156 BRIDGE ST STLAWRENCEAVCRYSLERAVSTCLAIRAV&MUIRAVB U T TR E Y S T FIRSTAVQUEEN STVICTORIAAV STANTONAVHICKSONAVBROUGHTONAVMARTINAVMAPLE ST BUCKLEYAVPARK STDYSONAV K:\SourceData\Shapes\OP\OP Amendment\OP Amendment Maps.aprx 5/26/2022 / 0 120 m Scale 1:2,600 Legend Official Plan ECA Mixed Use 2 Note: the schedule forms part of Amendment No._ to the Official Plan for Niagara Falls and should be read in conjunction with the written text. Map 5 to Amendment No. xx to the Official Plan Schedule "A-5" - Transit Station Secondary Plan Area Area affected by this Amendment Page 40 of 51Page 191 of 1156 N i a g a r a R i v e r CANADA UNITED S T A T E S O F A M E R I C A Wellan d Ri v er CITY OF THOROLD CITY OF WELLAND CITY OF ST. CATHARINES TOWN OF NIAGARA-ON-THE-LAKE CITY OF PORT COLBORNE TOWN OF FORT ERIE UNITED STATES OF AMERICA QEW 405 420 K:\SourceData\Shapes\OP\OP Amendment\OP Amendment Maps.aprx Updated to: June 2022 /0 4 Km Legend Employment Area Niagara Economic Zone Employment Lands Scale: 1:64,400 Map 6 to Amendment No. xx to the Official Plan NOTE: THE SCHEDULE FORMS PART OF AMENDMENT NO._ TO THE OFFICIAL PLAN FOR NIAGARA FALLS AND SHOULD BE READ IN CONJUNCTION WITH THE WRITTEN TEXT. Schedule A-7 Employment Lands Page 41 of 51 Page 192 of 1156 CITY OF NIAGARA FALLS By-law No. 2022- XX A by-law to amend Willoughby By-law 395, 1966 to move certain lands from Willoughby By- law 395 (1966) to Zoning By-law 79-200 and, in doing so, rezone a portion of the lands to be brought into By-law 79-200 currently zoned Tourist Commercial 19.225 in Willoughby By-law 395, 1966 to Prestige Industrial (PI) and Environmental Protection Area to implement the recommendations of the City of Niagara Falls Employment Lands Strategy. This Amendment is to be implemented in coordination with By-law No. 2022-XX (AM-2021-013) THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The Lands that are the subject of and affected by the provisions of this by -law are identified on Schedule 1 of this By-law and shall be referred to in this by-law as the “Lands”. Schedule 1 is a part of this By-law. 2. The purpose of this by-law is to amend the provisions, regulations and Schedules of By-law No 396 (1966) to remove the Lands so that the Lands can be added to and placed under the control of By-law 79-200. 3. The Lands shown on Schedule 1 of this By-law are hereby removed from Willoughby By-law 395, 1966 and incorporated into Sheet B-7, Sheet C-7 and Sheet D-7 of Schedule “A” of By-law 79-200 and identified as described in associated By-law No. 2022-XX. Read a First, Second and Third time; passed, signed and sealed in open Council this th day of , 2022. ....................................................................... ...................................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 42 of 51 Page 193 of 1156 WILLODELL RD R E IXING E R RD BECKRDLOG AN RDSTANLEYAVDONMURIESTDELLRD CHIPPAWA P YDORCHESTERRDOAKWOODD RW E L L A N D R I V ERPOWERCANAL QEW STANLEY AVMONTROSE RDLYONS C R E E K R D SCHEDULE 1 TO BY-LAW NO. 2022- Extent of Lands to be removed from the jurisdiction of By-law 395 (1966) Amending Zoning By-law No. 395 (1966) Applicant: Assessment #: K:\GIS_Requests\2021\Schedule\Zoning\13\AM_2021_13\AM_2021_13.aprx AM-2021-013 ¹ 6/3/2022 Description: NTS LANDS LOCATED NORTH OF REIXINGER ROAD, EAST OF THE QEW, SOUTH OF THE WELLAND RIVER , WEST OF STANLEY AVENUE AND NORTH OF LYONS CREEK ROAD; BEING PART OF LOT 3, LOTS 4 TO 9, AND PART OF LOT 10 OF BROKEN FRONT CONCESSION IN THE FORMER TOWNSHIP OF WILLOUGHBY. CITY OF NIAGARA FALLS 272513000400500, 272513000401200, 272513000401100, 272513000401000, 272513000400900, 272513000400800, 272513000400600, 2725????1012604, 272513000400500, 272513000400400, 2513000400300, 2725????1009661 (cemetery), 272513000400200, 272513000400101, 272513000305000, 272513000304901, 272513000304900, 272513000304700 Page 43 of 51 Page 194 of 1156 CITY OF NIAGARA FALLS By-law No. 2022 XX A by-law to amend By-law No. 79-200, to rezone various lands within the City of Niagara Falls and introduce industrial lands into By-law No. 79-200 which were formerly in Willoughby By- law 395, 1966 to implement the recommendations of the City of Niagara Falls Employment Lands Strategy (AM-2021-013). THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The Lands that are the subject of and affected by the provisions of this by-law are described in Schedules 1 through 5 of this by-law and shall be referred to in this by- law as the “Lands”. Schedules 1 through 5 are a part of this by-law. 2. The purpose of this by-law is to remove certain lands from their current industrial zone into an appropriate zone as described in 3 through 6 below; add Industrial lands to By- law 79-200 which were formerly in Willoughby By-law 395, 1966 as described in 7 below; and, amend specific exceptions and provisions as described in 8 through 11 below. In the case of any conflict between a specific provision of this by-law and any existing provision of By-law No. 79-200, the provisions of this by-law are to prevail. 3. The Lands shown on Schedule 1 to this By-law are hereby redesignated from LI, LI- 64 and GI-63 to CB4 and LI-54 to CB4-54 upon By-law 2021-040 coming into effect. 4. The Lands shown on Schedule 2 to this By-law are hereby redesignated from LI to NC. 5. The Lands shown on Schedule 3 to this By-law are hereby redesignated from GI-281 to NC, with any exceptions that apply to be repealed. 6. The Lands shown on Schedule 4 to this By-law are hereby redesignated from LI and HL to Development Holding (DH) Zone. 7. The Lands shown on Schedule 5 to this By-law are removed from Willoughby By-law 395 as approved through associated By-law No. 2022-XX and added to By-law 79- 200 with a PI, OS and EPA designation applied. None of the provisions of By-law No. 395, 1966 shall apply to prevent the Lands shown on Schedul e from being added to and placed under the control of By-law No. 79-200. 8. By-law 1981-62 regarding exception and provision number 19.1.53 is repealed. 9. By-law 1995-50 regarding exception and provision number 19.1.281 is repealed. 10. By-law 1981-62 Exception and Provision number 19.1.54 is amended as shown below with deletions shown with a strikethrough and additions shown highlighted and underlined, upon By-law 2021-040 coming into effect: “None of the provisions of section 11.2.1 8.5.2.D shall apply to prevent the use of the land on the east side of Victoria Avenue designated LI CB4 and numbered 54 on Sheet D3 of Schedule "A", as amended, or the erection or use of a building or structure thereon for the purpose of an automobile service station provided that all of the Page 44 of 51 Page 195 of 1156 2 regulations in Section 8.9.2, as amended, for an automobile service station in an AS Zone shall apply to such automobile service station on the said land; Refer to By -law No. 2019.74.” 11. The provisions of this by-law shall be shown on Sheets B4, B7, C4, C6, C7, D3, and D7 of Schedule “A” to By-Law No. 79-200 by redesignating the Lands as shown on Schedules 1 through 5. Read a First, Second and Third time; passed, signed and sealed in open Council this XX day of XXXX, 2022. ....................................................................... ...................................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 45 of 51 Page 196 of 1156 Page 46 of 51 Page 197 of 1156 V A L L E Y W Y PORTAGERDNC SCHEDULE 2 TO BY-LAW NO. 2022- Subject Lands: Amending Zoning By-law No. 79-200 Applicant: Assessment #: K:\GIS_Requests\2021\Schedule\Zoning\13\AM_2021_13\AM_2021_13.aprx AM-2021-013 ¹ 6/2/2022 LI to NC Description: NTS 272506000207800; 272506000206000; 272506000207603 5796 VALLEY WAY; 5750 VALLEY WAY AND 5270 PORTAGE ROAD; PART OF LOT 113, TOWNSHIP OF STAMFORD CITY OF NIAGARA FALLS Page 47 of 51 Page 198 of 1156 Page 48 of 51 Page 199 of 1156 GARNERRDMCLEOD RD BEECHWOODRDDH DH DH SCHEDULE 4 TO BY-LAW NO. 2022- Subject Lands: Amending Zoning By-law No. 79-200 Applicant: Assessment #: K:\GIS_Requests\2021\Schedule\Zoning\13\AM_2021_13\AM_2021_13.aprx AM-2021-013 ¹ 6/2/2022 LI to DH HL to DH Description: NTS 9304 MCLEOD ROAD PLUS VACANT LANDS ON THE WEST SIDE OF BEECHWOOD DRIVE, SOUTH OF MCLEOD ROAD, BEING PART OF LOT 191, FORMER TOWNSHIP OF STAMFORD CITY OF NIAGARA FALLS 272511000207700; 272511000200100 Page 49 of 51 Page 200 of 1156 Page 50 of 51 Page 201 of 1156 APPENDIX 3 to PBD-2022-61 SUMMARY OF COMMENTS received for the August 9, 2022 Second Public Meeting Name/Author Date of submission Submitted Comments Staff Response Staff Action William Croker July 11, 2022 •A request was made to see a map with the location of the Region’s Waste Water Treatment facility overlaid over the proposed zoning amendment (to show lack of land for industrial and that residential use would be better) •A copy of a map was forwarded to Mr. Croker as requested. Staff are still supportive of the employment area use of the lands. •No changes to the recommendation or draft amendments. Matt Kernahan (Upper Canada Consultants) July 19, 2022 •Re: 9304 McLeod Road •Noted that a 2021 NPCA Permit was obtained to relocate the watercourse and associated floodplain and requested that the mapping for the OP and Zoning By-law amendments reflect this. •Requested that the SPA provision apply to the whole of the lands. •Requested that the DH zoning apply to the whole of the lands save and except the floodplain area. •The City has not received updated regulated area mapping from the NPCA for these lands. •Lands located to the east of the floodplain are already designated residential (Schedule A3 – Garner South Secondary Plan) •Lands located to the east of the floodplain are already zoned DH in By-law 79-200. •Mapping in the OP can be updated without further amendment once updated mapping is received from the NPCA. •No action is required for the Official Plan and Zoning By-law amendment schedules since the designations already apply to those lands. Niagara Region July 27, 2022 •The policies should identify Core and Dynamic Employment Areas on Schedule A-7. •add employment density forecasts for Employment Areas. •clarification that the conversion of lands within an Employment Area can only be made through a Regionally led Municipal Comprehensive Review and that conversions of Employment Lands must not only meet the criteria listed by the Municipality but also ensure that the conversion will result in no net loss of employment numbers. •additional wording to the Special Policy Area designation for 9304 McLeod Road note that any future Planning Act Application will be subject to further studies addressing employment land conversion (Policy 8.32, job replacement showing how future jobs will be provided on the lands) and risk assessment of residential encroachment on employment land uses. •Changes can be incorporated prior to adoption of the amendments to ensure conformity •Changes will be made within the amendments where required Page 51 of 51 Page 202 of 1156 Jeffrey J. Wilker 416-868-3118 jwilker@thomsonrogers.com SENT BY EMAIL ONLY August 3, 2022 Mayor Diodati and Members of Council City of Niagara Falls 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Dear Mayor Diodati and Members of Council: Cytec Canada Inc. re Cytec Arcs 9304 McLeod Road Employment Lands Strategy Official Plan and Zoning By-law Amendment Application City File -- AM-2021-13 Our File No. 500673 We are the solicitors for Cytec Canada Inc. (“Cytec”) – part of the Solvay Group. We have been requested by Cytec to provide submissions to City Council regarding the proposed Official Plan Amendment and Zoning By-law Amendment under the City’s above referenced file. The notice provided states that this is the second public meeting. Cytec and its advisors can find no prior notice being provided to it, notwithstanding that it is a major manufacturing facility located within the City. As part of the proposed amendments, City Planning is suggesting that the lands municipally addressed as 9304 McLeod Road (“McLeod/Beechwood lands”) be converted from being designated and zoned as employment/industrial lands to residential uses. Cytec objects to this proposal. There is insufficient planning and environmental justification in support of the conversion request. It is our view that this proposal is ill founded, is contrary to section 2 of the Planning Act, is inconsistent with the Provincial Policy Statement (“PPS 2020”) and is not in conformity with the Provincial Growth Plan, including the employment conversion tests contained Page 203 of 1156 2- with the Provincial planning framework. Moreover, this proposal is contrary to the City’s longstanding planning program implemented over the last 25 years including the Cytec 2 km arc, and height and use restrictions beyond the Cytec 2 km arc. Our detailed submissions follow: Background Cytec is a major chemical manufacturing company with operations located in Niagara Falls for more than 100 years. Cytec manufactures phosphine in its facility located on its lands fronting Garner Road. Phosphine is a colourless, flammable toxic gas. Cytec is the largest phosphine manufacturer in the world with roughly 65% of the world market. Cytec exports its product worldwide from its Niagara Falls facility. Also located on its lands is a research lab facility. Cytec is a substantial and significant contributor to the City’s economic well-being including carrying out a $165 million plant expansion less than a decade ago. Garner Road Location Cytec’s major landholdings in the City are located north of the Welland River fronting on Garner Road and consisting of approximately 1,000 acres (“the Cytec lands”). The Cytec lands include Thompson’s Creek. The protection of the integrity of Thompson’s Creek is of substantial importance to Cytec owing to its use as the outfall for the processing by the facility. Cytec is part of the longstanding industrial precinct in this part of the City. Fundamental to Cytec’s operations was and is the City’s existing prior planning program as originally requested by Cytec, refined and implemented by the City’s Planning Department, endorsed and supported by City Council, and upheld from time to time by the Ontario Municipal Board/Local Planning Appeal Tribunal (now the Ontario Land Tribunal) over the last twenty-five years or so. The City’s existing planning program was a critical factor that allowed the Niagara Falls site to be successfully expanded. The proposal to redesignate and rezone the McLeod/Beechwood lands to residential now being considered by City Council jeopardizes the viability of Cytec’s designated and zoned heavy industrial lands. The Planning Program The existing planning program implements the fundamental planning principle that sensitive land uses such as residential land uses, overnight accommodation uses, assembly Page 204 of 1156 3- hall type uses, day cares, nursing homes etc. are required to be separated from heavy industrial users. This planning program is implemented in part through the Cytec arc -- being a 2 km separation distance/arc (“the Cytec arc”). Within the Cytec arc, land uses are restricted to industrial, commercial and less intense recreational land uses, e.g. nature uses or golf courses, and residential land uses or overnight accommodations or other sensitive land uses are prohibited. Outside the arc, but proximate to the arc, restrictions are implemented on the height of land uses and the type of land uses is refined and/ or prohibited, e.g. daycares or nursing homes are of concern. Additionally on residential development outside but near the arc there is the requirement for a notice clause regarding the Cytec use. This planning program addresses three fundamental objectives: mitigation of adverse effects; minimization of risk to public health and safety; and maintenance of the long term viability of existing industries. From Cytec’s perspective these factors are of critical importance, and this planning program, including the arc, appropriately manage the risk safety profile of a major chemical manufacturing facility. These principles were incorporated into the original Grand Niagara Resort Official Plan Amendment #37 (approved by the Ontario Municipal Board as it then was) and into the Heartland Forest Official Plan Amendment #40. Subsequent Secondary Plans (Official Plan Amendments) being the Garner South Secondary Plan and the Grand Niagara Secondary Plan continued to implement these principles. All implementing planning approvals respect the Cytec arc in the Zoning By-law(s), plan(s) of subdivision, site plan(s) and consent(s). Cytec has significant concerns that the City Planning Department is not assessing the risk safety profile of a major chemical manufacturing facility appropriately. The technical environmental documents dealing with compliance at the fence line are not the documents to be relied upon for the 2 km arc. Those documents demonstrate to the Ministry of Environment, Conservation and Parks compliance with the issued Environmental Compliance Approval (ECA) on an ongoing continuing basis. Those documents do not deal with a release of phosphine as a toxic gas which would require an excavation order. The 2 km arc provides the necessary factor to manage that risk safety profile. 9304 McLeod Road (McLeod/Beechwood Lands) The McLeod/Beechwood lands are designated industrial under the Official Plan and similarly zoned light industrial (leaving aside environmental lands). To the south, including the Cytec’s lands, are designated industrial and zoned heavy industrial lands. As Page 205 of 1156 4- such, there is a transition from heavy industrial to light industrial to the north which is and remains appropriate. It is Cytec’s strong preference that the McLeod/Beechwood lands remain industrial. The conversion of the McLeod/Beechwood lands for residential (or overnight accommodation uses, assembly hall uses, and/or daycares or nursing homes) and other sensitive land uses on the southern part of the McLeod/Beechwood lands – i.e. lands within the Cytec arc -- is unsupportable. Inclusion of a height restriction of 10 m within the 2 km arc for residential uses does not address the requirements previously set out in this letter. City Planning had previously mapped the 2 km arc which approximately bisects the McLeod/Beechwood lands in half. The northern part of the McLeod/Beechwood lands must be, at a minimum, subject to the City’s planning program as implemented on other surrounding residential and similar sensitive land uses, presuming that part of the McLeod/Beechwood lands could ultimately satisfy the other planning tests for conversion. It is noted that there are substantial hurdles in the Provincial planning framework for such conversion which remain unsatisfied. We also note that given the proximity of the McLeod/Beechwood lands to a tributary of Thompson’s Creek that Cytec also has concerns regarding any impact that development may have on the quantity and quality of Thompson’s Creek. These are similar concerns to those previously expressed by Cytec on the Forestview subdivision approval to the east of the McLeod/Beechwood lands. Request of City Council We respectfully request that City Council deny the proposal in the Official Plan Amendment/Zoning By-law Amendment for employment land conversion of the McLeod/Beechwood lands – municipally addressed as 9304 McLeod Road. Request for Notice We respectfully request notice of any City reports, notice of any continued consideration of this proposal and/or adoption of the Official Plan Amendment and/or passage of the Zoning By-law Amendment. The addresses follow: Page 206 of 1156 5- Glenn Wellings Jeffrey J. Wilker Wellings Planning Consultants Inc. Thomson, Rogers Lawyers 513 Locust Street, Unit B, Suite 3100, 390 Bay St. Burlington ON L7S 1V3. Toronto, ON M5H 1W2 E: glenn@wellingsplanning.ca E:jwilker@thomsonrogers.com Conclusion By copy of this letter to City Clerks and City Planning, we request that staff ensure that this letter is distributed to City Council prior to the public meeting. We thank City Council for its consideration of this letter. Cytec looks forward to continuing to work with the City to ensure that Cytec remains a vibrant and important contributor to the City’s well being. Yours very truly, Jeffrey J. Wilker JJW/pf cc: Bill Matson, City Clerk, City of Niagara Falls cc: Kira Dolch, Director of Planning, Building and Development, City of Niagara Falls cc: Brian Dick, Manager of Policy Planning, City of Niagara Falls cc: Brad Campbell, Site Director, Cytec cc: Ken Milo, Environmental Rehabilitation Officer, Cytec cc: Glenn Wellings, Wellings Planning Consultants Page 207 of 1156 Nancy Smith 15 Bold Street Hamilton Ontario Canada L8P 1T3 Receptionist 905 529 3476 (905 LAW-FIRM) Facsimile 905 529 3663 nsmith@tmalaw.ca VIA EMAIL August 2, 2022 Mayor and Members of Council City of Niagara Falls City Hall 4310 Queen Street Niagara Falls ON L2E 6X5 Dear Mayor Diodati and Members of Council: Re: 8970 and 9015 Stanley Avenue 2610832 Ontario Inc. REQUEST FOR DEFERRAL OF EMPLOYMENT LAND NEEDS OFFICIAL PLAN AMENDMENT AND ZONING BY-LAW AMENDMENT _____________________________________________________________________________________ INTRODUCTION We represent 2610832 Ontario Inc. (“261”), owner of lands municipally known as 8970 and 9015 Stanley Avenue, Niagara Falls (“Subject Lands”). The portion of the Subject Lands west of Stanley Avenue (“Subject Lands West”) were formerly used as a trailer park while the portion east of Stanley Avenue were formerly used as a golf course. Our retainer is focused on assisting 261 in realizing the development potential of the Subject Lands in accordance with the applicable policy regime. You are the Planning Act decision-maker. Your role is statutory. It is serious. The consequences of your decision-making are significant. Your role is to make Planning Act decisions that are in the public interest and in accordance with established legal principles and policy. In this case, to perform your role in accordance with established legal principles and policy, you must defer your consideration of the proposed Official Plan Amendment and Zoning By-law Amendment that implement the City’s Employment Lands Studies (“City Instruments”). You must decide 261’s private applications first. Put simply, given the timing of 261’s private applications, all planning work and resulting policy initiatives after they were filed cannot drive your determination of the private applications. Any vision for an employment designation on any part of the Subject Lands (the City Instruments) can only be considered after you determine the private applications. To proceed otherwise is contrary to established legal principles and policy. 1 Page 208 of 1156 DETERMINE PRIVATE APPLICATIONS FIRST 261 began consulting City staff with respect to the development of a residential community on the Subject Lands in March 2019. Consultations ultimately resulted in the submission of an Official Plan Amendment Application (“OPA Application”) in July 2021 and a Zoning By-law Amendment application (“ZBA Application”, and together with the OPA Application, “Private Applications”) in February 2022. The Private Applications included extensive policy and technical analysis: •Planning Justification Report •Urban Design Guidelines •Land Use Compatibility Analysis •Water Balance Study •Archaeological Assessment •Environmental Impact Study •Functional Servicing Report •Traffic Impact Study (collectively, “Supporting Studies”). On July 26, 2022, the City forwarded to 261 the comments received from its internal/external circulation of the Supporting Studies as required by the Planning Act. 261 is reviewing this communication, engaging its team and will provide a response to all comments in the next short while. Dialogue with the City, I expect, will follow. This is an iterative process where good planning is achieved through meaningful discussion (“Ongoing Collaboration”). At some point, the Ongoing Collaboration will lead to a statutory public meeting under the Planning Act, a staff recommendation and your determination of the Private Applications. POST APPLICATION POLICY DOES NOT APPLY TO THE PRIVATE APPLICATIONS Niagara Region’s (“Region”) Municipal Comprehensive Review (“MCR”) culminated in the Region’s adoption of an Official Plan Amendment (“Region’s OPA”) on June 23, 2022. The Region’s OPA is currently before the Minister of Municipal Affairs and Housing (“Minister”) for approval. The MCR and the Region’s OPA are post-application unapproved policy. They are not in play in your determination of the Private Applications. Similarly, the City Instruments before you today are post-application instruments. Again, they are not in play in your eventual determination of the Private Applications. Even if the Region’s OPA and the City Instruments were in full force and effect, this would change nothing. Neither can determine the Private Applications. In 2021, the Divisional Court unequivocally confirmed what is known as the “Clergy Principle”. This principle is designed to ensure fairness in the Planning Act decision-making process. It states that applications should be assessed according to the policies that are in place at the time the Planning Act application is submitted. This makes sense. Good planning cannot occur in the public interest if the decision-maker is permitted to change the applicable 2 Page 209 of 1156 policy regime mid-application. This principle is repeatedly and consistently applied by the Ontario Land Tribunal (“OLT”) in deciding appeals. CITY INSTRUMENTS PREMATURE IN ANY EVENT Even if all of the foregoing were not the case, the City should still not approve the City Instruments today. The City Instruments are premature. As noted, the Region’s OPA is currently before the Minister. It is unapproved with no legal status. The Minister’s approval of an official plan is a public process under the Planning Act. The Minister has 120 days to make a decision on the plan. He may and I expect will confer with any person or public body that he considers may have an interest in the plan. 261 will be participating in this discussion. The Minister can approve, modify and approve as modified, or refuse to approve the plan. Or, given recent Planning Act amendments, the Minister can refer all or part of the plan to the OLT for a hearing. 261 will participate in the event of an OLT hearing. Needless to say, the Region’s OPA could look very different than it looks now once approved. Approval of the City Instruments is premature in advance of a final version of the Region’s OPA. As you know, 261 retained IBI Group (Robyn Brown), a land use planner and land economist, to review and assess the City’s Employment Lands Studies that fueled the City Instruments before you today. Ms. Brown’s most recent (July 25, 2022) opinion is attached together with the independent professional opinions shared with you previously. Ms. Brown states the obvious, “The City of Niagara Falls should not be proceeding with their Land Needs Assessment until the Region of Niagara has an approved Regional Official Plan…” In addition and most informative to your assessment of the City Instruments, she concludes that: There remains a significant misalignment between the Region of Niagara and the City of Niagara Falls, despite the revised employment land densities. In particular: •The two [analyses] assume very different employment growth accommodation through intensification (345 jobs vs. 3,655 jobs) •The two [analyses] have used different land vacancy assumptions (10% v 20 %) •The total vacant employment land has a 100-hectare difference; and •The total shortfall/surplus is vastly different (-76 v. 4 hectares). Until this is aligned, the City should not be implementing the policy instruments to finalize the employment land needs. Finally, and not insignificantly, Watson & Associates’ (“Watson”) analysis of the proposed employment conversion sites and their appropriateness for conversion falls well short of a basis to support the conversions. In Ms. Brown’s January 20, 2022 letter (which is enclosed with her July 25, 2022 correspondence), she asked: 3 Page 210 of 1156 1.What is the status of the proposed employment land conversions? Has the Region reviewed these applications and incorporated them in the MCR? 2.Will the conversions still be accommodating jobs on site? If so, how were these jobs considered in the analysis? You will note that the responses provided by Watson in their letter dated April 8, 2022 are cursory and woefully inadequate. The City Instruments are premature without a proper assessment supporting employment land conversions. EMPLOYMENT OR RESIDENTIAL -- GSP GROUP PLANNING ANALYSIS Notwithstanding the fact that the Region’s OPA and the City Instruments are not applicable post- application policy and, in any event the City Instruments are premature, 261 retained GSP Group (Brenda Khes) (“GSP”) to perform an independent planning analysis of the City Instruments given your consideration of them today. Ms. Khes brings to this analysis over 35 years of land use planning experience, including five (5) years in the public sector at the City of Hamilton and other planning work on behalf of municipalities. It was this unique perspective that led 261 to seek Ms. Khes’ views on this important aspect of your assessment. I asked Ms. Khes the following question: What is the optimal land use for the Subject Lands, Residential or Employment. Why? To answer this question, GSP by necessity reviewed, in addition to the City Instruments, the Private Applications. GSP’s analysis as well as a letter from Ms. Khes summarizing her findings (both dated August 2, 2022) are attached. GSP’s independent analysis concludes that the optimal use of the Subject Lands West is for residential purposes and not employment purposes. What this means is that even if the Region’s OPA and the City Instruments were applicable (they are not), the proposed Employment Designation for the Subject Lands West is not appropriate from a planning perspective. The Subject Lands West, even if there were no Private Applications, are not appropriate for Employment. I will not repeat the detailed findings of Ms. Khes but recommend that you review her analysis and letter in detail as they are informative and telling on a number of points. In summary, Ms. Khes found that the optimal use for the Subject Lands West is residential and not employment for the following reasons: •The residential use has regard for matters of provincial interest under section 2 of the Planning Act and is consistent with the Provincial Policy Statement; •The employment use does not have regard for subsection n) of section 2 of the Planning Act: “The resolution of planning conflicts involving public and private interests”; •The development of the Subject Lands West for employment purposes could negatively 4 Page 211 of 1156 impact the ability to redevelop the Subject Lands East for residential purposes due to potential issues of compatibility. •The residential use satisfies the Growth Plan policies with respect to the “optimal” use of land, infrastructure and capital investment, as 261’s residential development provides for higher population projections and a more compact and dense form of intensification than the development of employment uses, and it optimizes existing and proposed infrastructure resulting in cost savings; •The residential use supports the achievement of complete communities as defined in the Growth Plan; •The residential use better responds to the market and Ontario’s affordable housing crisis by providing readily available land to market in the short and mid-term; •The residential use conforms to the current Region of Niagara Official Plan; •The residential use conforms to the current City of Niagara Falls Official Plan policies that recognize and provide for higher residential density along arterial roads, with good connectivity throughout the neighbourhood and where the issues of compatibility are addressed; and •Given the extensive natural heritage features west of the Subject Lands West and associated buffers and setbacks, the remaining land available for employment uses is fragmented. REGION’S OPA NOT APPEALABLE Your staff may tell you that the City Instruments in designating the lands Employment merely bring the lower tier Official Plan in conformity with the Region’s OPA and that the Region’s OPA cannot be appealed. They may say that the City has no choice but to designate the Subject Lands West as Employment as a pure conformity exercise. This perspective is respectfully flawed and fails to recognize the complexities of legally processing the Private Applications in the face of ongoing policy change. To summarize: •The Region’s OPA is unapproved. There is no conformity exercise until it is final. •When approved, the Clergy Principle mandates that the Region’s OPA is not in play in deciding the Private Applications; post application policy does not apply. •Even if the Region’s OPA were final and the Clergy Principle did not exist, conformity does not mean that the City simply parrot the upper tier vision where site specific assessments did not occur. The City must perform its own planning assessment to determine whether Employment is the optimal use of the Subject Lands West. As Ms. 5 Page 212 of 1156 Khes has demonstrated, the optimal use for the Subject Lands West is Residential. OUR ASK On behalf of 261, I ask that you: 1.Defer your consideration of the City Instruments until you have determined the Private Applications; 2.Acknowledge the non-applicability of the post application policy in this case (Region’s OPA and City Instruments); and 3.Commit to the processing of the Private Applications in the public interest and in accordance with established legal principles and policy. This includes the City’s commitment to Ongoing Collaboration. We thank you in advance for your consideration of these submissions. We ask that this letter be included on the Agenda for August 9, 2022, when the City Instruments are expected to be considered. We also request notice of Council’s decision in respect of the City Instruments, whether made at this juncture or at a later date. Yours truly, Nancy Smith ns/ls cc.Jason Burgess, Chief Administrative Officer Kira Dolch, Director of Planning, Building and Development 6 Page 213 of 1156 IBI Group Professional Services (Canada) Inc. is a member of the IBI Group of companies IBI GROUP 7th Floor 55 St. Clair Avenue West Toronto ON M4V 2Y7 Canada tel 416 596 1930 fax 416 596 0644 ibigroup.com July 25, 2022 Ms. Nancy Smith Turkstra Mazza 15 Bold Street Hamilton, ON L8P 1T3 Dear Ms. Smith: NIAGARA REGION MUNICPAL COMPREHENSIVE REVIEW SUBMISSIONS in 2021 to assist the owners of 9015 Stanley Avenue in Niagara Falls to review and assess the City of Niagara Falls Employment Land Studies completed as part of their employment lands strategy. IBI Group has reviewed the two previous employment land reports, along with a review of the Region of assessment work IBI Group began the assessment by reviewing the City of Niagara Falls Employment Lands Strategy Phase 3 Report, which allocated employment land employment to 2051, and assessed the current supply of vacant employment lands to determine if there was sufficient assessment prematurely, as the Region of Niagara had yet to finalize their Land Needs Assessment (LNA). IBI Group noted a discrepancy between the results of the two LNAS. City of Niagara Falls had established a shortfall of 76 hectares, whereas, the Region in their concurrent draft had determined a shortfall of only 35 hectares. (see Appendix A) Ultimately IBI Group came to the following conclusion: Overall, the City and the Region have taken different approaches to the land needs assessment, they have used different densities, identified different vacant areas, which has led to significantly different needs to incorporate the land needs assessment that the Region of Niagara is currently 1 Subsequent to our initial analysis, the Region of Niagara revised the density target assumptions on Employment Areas reducing Niagara Falls from 35 jobs per hectare to 25 jobs per hectare on Region of Niagara revised their Employment Land Needs, further reducing the employment shortfall. 1 IBI Group memo January 20, 2022 (See Appendix A) ATTACHMENT 1 7 Page 214 of 1156 IBI GROUP Ms. Nancy Smith July 25, 2022 2 Based on my review of these various land needs assessment, there remains a significant mis- alignment between the Region of Niagara and the City of Niagara Falls, despite the revised employment land densities. In particular: The two analysis assume very different employment growth accommodation through intensification (345 jobs vs. 3,655 jobs) The two analysis have used different land vacancy assumptions (10% v 20%); The Total vacant employment land has a 100-hectare difference; and The total shortfall/surplus is vastly different (-76 v. 4 hectares). Until this is aligned, the City should not be implementing the policy instruments to finalize the employment land needs. Submission IBI Group has summarized the findings of the initial review in memorandum dated January 20, 2022 addressed to Nancy Smith of Turkstra Mazza. This memo went over technical assessment, contrasting the approaches of the Regional work and the Municipal work in determining employment land need. IBI Group posed eight questions for technical clarification as part of this memo. This memo, along with the CV of Robyn Brown, was attached to the Turkstra Mazza letter submitted to Niagara Falls Council on January 26, 2022. (See Appendix B) Subsequent to this letter, IBI Group was invited to a meeting with City of Niagara Falls Planning Staff and their consultants on Wednesday March 2nd, 2022 to discuss the list of IBI Group questions. IBI Group and the consultants, Watson and Associates, went over each of the technical questions providing verbal responses. The meeting ended with assurances that written responses would follow. IBI Group then reached out the Long-Term Planning Staff at the Region of Niagara to discuss inconsistencies between . This outreach included an emailed copy of the January 26, 2022 submission. The focus of this discussion as the total employment land vacancy and the density assumptions for employment land employment which ultimately resulted in different land needs. IBI and the Region met on March 30th, 2022 to discuss the different approaches. Overall, the Region acknowledged the differences and indicated that they had been in discussions with the City regarding the local LNA. The meeting did not result in any written follow up. After that meeting, on April 8th, 2022, Watson and Associates provided via Brian Dick, Manager of Policy Planning, City of Niagara Falls responses to the technical questions provided in the January 26, 2022 Turkstra Mazza submission. (See Appendix C) January 2022 City of Niagara Falls Employment Land Demand Forecast June 2022 Region of Niagara LNA Employment Land Forecast Employment Area Employment Demand 2021-2051 3,450 3,500 Employment Growth Accommodated throughintensification 345 3,655 Unaccommodated Employment Growth 3,105 -155 Employment Land Density (jobs per ha)25 25 *Vacant Employment Area (gross ha)60 160 *Adjustment for land vacancy 48 144 Total Employment Area Land Demand 124 140 Employment Area short fall/surplus at 2051 -76 4 City of Niagara uses a 20% adjustment for land vacancy, while the Region uses a 10% adjustment for vacancy City of Niagara and Region have a vacant employment area discrepancy of 100 ha 8 Page 215 of 1156 IBI GROUP Ms. Nancy Smith July 25, 2022 3 IBI Group has reviewed these responses, and although we appreciate the clarifications, it is our opinion that the City of Niagara should not be proceeding with their Land Needs Assessment until the Region of Niagara has an approved Regional Official Plan to ensure that theses forecasts align. The Region of Niagara has submitted their draft Official plan to the province for review. Based on my review of these various land needs assessment, there remains a significant mis- alignment between the Region of Niagara and the City of Niagara Falls, despite the revised employment land densities. Until this is aligned, the City should not be implementing the policy instruments to finalize the employment land needs. Sincerely, IBI GROUP Robyn Brown, MA, MPl, PLE Director Sr. Practice Lead, Planning Robyn.brown@ibigroup.com 135603/Internal Documents/6.0_Technical/6.17_Planning/03_Tech-Reports/July 2022 Submission/PTL_Smith_Niagara_MCR_Submissions-2022-07-25.docx 9 Page 216 of 1156 NANCY SMITH PROFESSIONAL CORPORATION TURKSTRA MAZZA ASSOCIATES, LAWYERS Nancy Smith 15 Bold Street Hamilton Ontario Canada L8P 1T3 Receptionist 905 529 3476 (905 LAW-FIRM) Facsimile 905 529 3663 nsmith@tmalaw.ca VIA EMAIL January 26, 2022 Mayor and Members of Council City of Niagara Falls City Hall 4310 Queen Street Niagara Falls ON L2E 6X5 Dear Mayor Diodati and Members of Council: Re: 8970 and 9015 Stanley Avenue 2610832 Ontario Inc. REQUEST FOR A MEETING _____________________________________________________________________________________ INTRODUCTION We represent 2610832 Ontario Inc. (“261”), owners of lands municipally known as 8970 and 9015 Stanley Avenue, Niagara Falls (“Subject Lands”). The portion of the Subject Lands west of Stanley Avenue were formerly used as a trailer park (“Former Trailer Park Lands”) while the portion east of Stanley Avenue were formerly used as a golf course (“Former Golf Course Lands”). Our retainer is focused on assisting 261 in realizing the development potential of the Subject Lands in accordance with the applicable policy regime. OUR VISION The present official plan policy vision for the lands is dated: Resort Commercial and Open Space. The uses no longer exist. 261 envisions land uses that respond to provincial policy intensification and environmental protection objectives: Residential, Commercial and Environmental Protection Area. To this end, 261 submitted an Official Plan Amendment application on July 11, 2021 with supporting studies. Additional supporting studies were submitted on November 4, 2021. An open house was held on January 10, 2022. An implementing Zoning By-law Amendment application with more studies will be submitted shortly. We look forward to sharing our Vision with you in more detail as this process unfolds. 10 Page 217 of 1156 2 EMPLOYMENT LAND STRATEGY As you know, 261 has been working with the City for approximately three (3) years to realize its Vision for the Subject Lands. Needless to say, we were surprised to learn in June/July of 2021 that the City consultants, Watson and Associates, were looking to the Former Trailer Park Lands as potential Employment Lands. We retained Robyn Brown of IBI Group in Toronto, land use planner and land economist, to assist us in understanding the City’s interest in looking to the Former Trailer Park Lands as potential Employment Lands. I am attaching Ms. Brown’s CV for your perusal. Please read it. My client and the City are fortunate to have Ms. Brown’s perspective to inform decision-making moving forward. Not only is Ms. Brown participating in the growth management exercises in virtually all major centres in Ontario, you will see that she served on the technical working group for the Province’s 2020 Land Needs Assessment Methodology. Her work on that team informed the methodology to be used by all GTHA municipalities when completing their Municipal Comprehensive Reviews (“MCR”) to determine future land need. To be clear, the 2020 Lands Needs Methodology recommended by Ms. Brown’s working group is currently being used by Ontario municipalities including Niagara Region in its MCR. On December 7, 2021, you resolved “that Council receive the Niagara Falls Employment Lands Strategy Phase 3 report [(“Watson Report”)] for information.” Ms. Brown reviewed the Watson Report. I am attaching her January 20, 2022 Memorandum (“IBI Peer Review”). Please read it. Ms. Brown concludes in the IBI Peer Review that: Overall, the City and the Region have taken different approaches to the land needs assessment, they have used different densities, identified different vacant areas, which has led to significantly different findings. It is IBI Group’s opinion, that the City’s work is premature and needs to incorporate the land needs assessment that the Region of Niagara is currently completing as part of their MCR. OUR PROCESS APPROACHES ALIGN On December 7, 2021, you resolved “that Council direct staff to prepare draft Official Plan and Zoning By-law amendment for additional stakeholder consultation and for consideration and adoption at a later Council session; and to only extend to Stanley Avenue, not go east beyond Stanley Avenue.” 261 appreciates the focus on “additional stakeholder consultation”. As mentioned, we look forward to sharing our Vision for the Subject Lands as part of the planning process. Given the Watson Report, this by necessity includes discussing the basis for you approaching your land needs assessment differently than the Region. It is unclear to us why you are not waiting for and incorporating the Region’s land needs assessment. 11 Page 218 of 1156 3 The IBI Peer Review poses the following questions (“IBI Peer Review Questions’): 1.What is the status of the proposed employment land conversions? Has the Region reviewed these applications and incorporated them in the MCR? 2.Will the conversions still be accommodating jobs on site? If so, how were these jobs considered in the analysis? 3.How was the 20% land vacancy determined? 4.How does the employment land inventory align with the Region of Niagara’s current work? 5.How does the assessment of employment land intensification opportunities factor into the supply? How does the 10% job allocation relate to the total hectares of land identified for potential intensification? 6.Is the City intending on updating the supply to reflect 2021 so that it aligns with the demand forecast? 7.How did the City establish the density assumption? The City has included a variety of densities across existing employment areas – was a weighted average used? 8.How is the City considering the Region’s work, their employment density assumption of 35 hectares? Answers to these important questions will assist 261 in engaging in the stakeholder consultation you directed. INTERIM CONTROL BY-LAW (“ICB”) On December 7, 2021, you resolved to “defer interim control by-law”. I was pleased to see this. I had advised my client of my legal concerns in proceeding with an ICB in the circumstances of this case. Given your resolution, I need not share those concerns in this letter. If your approach in using an ICB in this case changes, I respectfully request notice so that I may make submissions to you on behalf of 261. OUR ASK We request written answers to IBI Peer Review Questions and a meeting to discuss them as part of your “additional stakeholder consultation”. Please direct your staff in this regard. Yours truly, Nancy Smith ns/ls cc.Jason Burgess, Chief Administrative Officer Kira Dolch, Director of Planning, Building and Development 12 Page 219 of 1156 IBI GROUP RESUME Page 1 – T/01.2022 ibigroup.com Robyn Brown MA, MPL, PLE Director – Sr. Practice Lead, Planning Ms. Robyn Brown, MA, MPl, is a senior land use planner and professional land economist in the Real Estate, Economics and Planning division at IBI Group. Robyn brings her experience in commercial real estate, including an extensive understand of the GTA ICI and land market. At IBI Group, she leads a team of planners, economists and GIS specialists on growth management exercises, highest and best use studies, economic and market impact assessments across Canada. Robyn helps her clients make strategic decisions about their real estate assets. Previously, Ms. Brown worked as a sales representative at DTZ Barnicke , a nationally represented commercial real estate brokerage. Focused on land acquisition and leasing, Ms. Brown helped in the disposition of over 500 acres of development land across the GTA, along with portfolio analysis and disposition strategies. Specialties: Growth Management, Economic Development, Transit Oriented Communities, Financial and Economic Feasibility Studies, Market Analysis, Site Selection, Employment Land Conversions and Land Needs Analysis She is the former co-chair of ULI’s Women’s Leadership Initiative (2018 - 2020), is currently on the Board of Directors for Toronto CREW (Commercial Real Estate Woman) and a member of the Ontario Professional Planning Institute, a member of the Association of Ontario Land Economists (PLE) and Lambda Alpha International (Land Economics Society). Robyn has served on the technical working group for the Province’s 2020 Land Needs Assessment Methodology, the 2021 work on the revised Projection Guidelines, and has been a stakeholder on various other Provincial Initiatives including the 2020 Growth Plan. Representative Experience Land Needs and Growth Management City of Winnipeg Residential Growth Study –IBI Group was retained to complete a residential growth strategy to accommodate approximately 200,000 new residents to 2040. Ms. Brown is the project manager on this file and dealt with day to day communications, stakeholder outreach and sub-consultants. A three phased approach which with a. develop a weighted criterion to measure growth opportunities b. using the weighted criteria to examine identified areas for growth and c. allocating the growth to various areas based on results of the evaluation. Welland Employment Lands Re-designation – Empire Communities – IBI Group was retained by Empire Communities to work with the City of Welland and the Region of Niagara to review the re-designation of two parcels of former industrial land, one the former John Deere plant to mixed use. This study looks at the potential number of jobs and space which will need to be retained on the site, and how the re-designation of Education Master of Planning (MPl Urban Development, Planning), Ryerson University, 2012 Master of Arts (MA, History), University of Toronto, 2002 Bachelor of Arts (Honours, History & Political Science), University of Toronto, 2001 Experience 2012–Present IBI Group, Toronto, ON Director – Senior Practice Lead, Planning Land Use Planner/Land Economist 2011 City of Toronto, Policy and Planning Department, Intern 2005–2011 DTZ Barnicke Limited, Real Estate Sales Person, Industrial Coordinator Awards and Publications Paper: “Barriers to Midrise Development in Toronto”, Ryerson University (2012) Thesis: “Them: the Role of the Scientist in Fifties Science Fiction Films”. An analysis of the changing nature of authority and science as reflected in science fiction films of the fifties. University of Toronto (2002) Fast Company – Transit Oriented Communities (2021) Land Economist Journal – Future of the Mall (2022) 2015 WLI Championship Team 2019 ULI Prologis Award Winner Organizations Urban Land Institute (Toronto) WLI – Women’s Leadership Initiative (ULI) Toronto CREW (Commercial Real Estate Women) – Board of Directors BILD OPPI (Ontario Professional Planners Institute) Lambda Alpha International Association of Ontario Land Economists (Board Member) 13 Page 220 of 1156 IBI GROUP RESUME Robyn Brown MA, MPL Page 2 – T/01.2022 ibigroup.com the sites will impact the City of Welland’s ability to accommodate future employment growth. (ongoing) 450 Dufferin Employment Land Conversion – Hullmark Developments– IBI Group was retained by Hullmark Developments, a predominantly non-residential developer, to assist in supporting their conversion of an employment land site near Liberty Village, in the City of Toronto, through the City’s Municipal Comprehensive Review. IBI Group worked with designers and planners to assess the potential employment yields for the non-residential component of a proposed mixed-use development. IBI Group assessed the City of Toronto’s employment forecasts, the existing employment area, information from the City of Toronto’s Employment Survey to address local changes in employment and considered the provincial and city-specific employment land conversion criteria. Ms Brown is the Project Manager and Director on this file. (ongoing) Ottawa Land Needs Assessment –Mattamy/ Minto Communities – IBI Group was retained by two major developers in the City of Ottawa to review and complete an analysis of the City of Ottawa’s land needs assessment to 2041. IBI Group reviewed the impact of employment land conversions, servicing, available land and intensification to determine if the City had sufficient land to accommodate the forecasted residential growth to the planning horizon. City of Toronto Employment Land Conversion –IBI Group was retained to assess the feasibility of submitting three privately owned employment sites for conversion during the recent City of Toronto’s Official Plan Review. Ms. Brown was responsible for review of the current planning status of the site and employment projections across the City using the City of Toronto Employment Survey and information on the construction and availability of current industrial product across the Greater Toronto Area. These studies were used to augment the conversion applications. Halton Residential Land Needs – South Georgetown Landowners Group – IBI Group was retained to monitor and participate in the Halton Region Municipal Comprehensive Review by the South Georgetown Landowners Group, who have lands outside of the current settlement boundary. The assignment includes analysis on the housing forecast, employment land and residential land needs assessment. Ms. Brown is the Project Director on this file. (ongoing) Vaughan Employment Lands Review –IBI Group was retained by a landowner group in the City of Vaughan to complete an employment land inventory in support of a land use conversion. Ms. Brown was the project manager in charge of creating an employment land inventory and assessment, along with a review of the City of Vaughan’s employment forecasts and an assessment of the ability to accommodate future growth. Bolton Residential Expansion Areas – IBI Group was retained by one of the landowners in the potential Bolton Residential Expansion Areas to represent their lands as part of the assessment of the expansion areas. IBI Group was responsible for the land needs assessment, monitoring the Peel 2041+ growth forecasts and the fiscal impact assessment of the different options. Ms. Brown was the project manager on this file, and coordinated with the different consultants, and managed day to day activity on the file. Clarington Official Plan Update – Tribute Communities –IBI Group was retained to assist a developer with lands in the Courtice area, to understand and advise on the impact of the draft Official Plan policies on their land holdings. Ms. Brown as project manager reviewed the proposed policies, attended public meetings and assessed the future residential lands proposed by the by-law. This study included a residential land needs assessment. Brantford/Brant County Employment Accommodation – Walton Development and Management LP –IBI Group was retained by Walton Development to examine the current inventory of employment and residential lands in the City of Brantford and Brant Country to assess the need for additional lands to accommodate forecasted growth. Ms. Brown conducted a high-level overview of employment lands across the Greater Golden Horseshoe, including availability, competitiveness and local employment lands market. 14 Page 221 of 1156 IBI GROUP RESUME Robyn Brown MA, MPL Page 3 – T/01.2022 ibigroup.com Burlington Employment Lands Review – Paletta Developments – IBI Group was retained by the developer to review the Phase 1 and Phase 2 Employment Lands Study including the key assumptions in the land budget and employment forecasts. Ms. Brown assisted in the analysis of the vacant Burlington Employment Lands, including development potential, servicing constraints, market appeal and timing of market absorption. Kitchener/Waterloo Land Needs Assessment – Schlegel Villages –IBI Group to monitor and participate in the Region of Waterloo’s Municipal Comprehensive Review process in order to assist Schlegel in understanding the potential inclusion of their lands in the urban settlement area. This work included reviewing land supply and demand assumptions. (Ongoing) Development Charges and Municipal Finance Work City of Toronto Development Charge Background Study –IBI Group has been retained by BILD (Building Industry Land Development) to monitor and participate in the City of Toronto’s development charges review which will implement the new development charge to collect for growth related capital. IBI Group is a stakeholder in this process and will review the capital allocations, infrastructure and other assumptions which underpin the charge. Robyn in the Project Director on this file. (ongoing) Burlington Parkland Cash-In-Lieu Study – Brookfield Homes -IBI Group was retained by Brookfield Homes and their development partners to assess the City’s Cash-in-Lieu charge calculated for high-density development in their Urban Growth Centre. IBI Group assessed cash-in- lieu policies from various other municipalities and created an alternative charge option for ongoing negotiations with the City. Robyn was the Project Director on this file. (ongoing) Peel & Halton Region – Non- Residential Development Charges – Orlando Corporation –IBI Group was retained by Orlando Corporation, one of the largest non-residential developers in North America to assist them in assessing the validity of the proposed development charges in Peel and Halton Region along with their respective municipalities. IBI Group’s work considered the anticipated non-residential development, trends in employment land employment related development and floor space per worker assumptions which underpinned the charge. Community Benefit Charge Impacts – Homestead Homes – IBII Group was retained by Homestead to understand the potential magnitude of the proposed new charge on “soft” services, replacing Development Charges, Parkland contributions and Section 37. IBI Group compared the current charges in multiple municipalities on a proposed development with the proposed charges to understand the magnitude of the charge. This work was used to draft a letter to the province. Devonleigh Homes – Community Benefit Charges/Development Charge Monitoring – Devonshire Homes has nearly 2,000 units in six different municipalities, and has retained IBI Group to monitor and review proposed changes to the charges, along with Community Benefit Charge Strategy Studies and Parkland studies across the various municipalities to keep Devonleigh Homes appraised of any changes, their impacts and to represent Devonleigh Homes in discussions/negotiations with the municipalities and their consultants. (ongoing) McMaster University – Development Charges – Student Housing – IBI Group has been retained by McMaster University to represent them in a hearing regarding the City of Hamilton’s decision to no longer allow exemptions for the University space and student housing. (ongoing) South East Courtice Secondary Plan – Fiscal Impact Assessment – IBI Group represents the SE Courtice Landowners Group (LOG) in the Secondary Plan process. IBI Group, in submission to the Town of Clarington and its consultants has assessed the operating impacts on the City’s finances of various land use concepts proposed throughout the process to assist in assessing one of the criteria used in assessing the concepts. 28 Bathurst Street -- Build Toronto -- IBI Group was retained to conduct a residual land value analysis to illustrate how the remediation costs influence the financial viability of residential, office 15 Page 222 of 1156 IBI GROUP RESUME Robyn Brown MA, MPL Page 4 – T/01.2022 ibigroup.com and industrial redevelopment options. The analysis was informed by the market for these three asset classes, the job potential by asset class, and the impact of the development on the success of the area. The review helped Build Toronto select a financially viable development option aligned with stakeholder interests. Tourist Train Extension Feasibility Study – Albany, NY –IBI Group was part of a multi- disciplinary team looking at the feasibility of extending an existing tourist train route through Warren County to Albany and New York City. Ms. Brown was the project manager on the economic and demographic component of this study. She looked at current tourism spending in the area, conducted case study research of other tourist trains and ridership across North America, and looked at trends in North American Tourism to inform the market and ridership feasibility component of this study. Hotel/Office Feasibility Study – Vaughan, ON – IBI Group was retained by a developer who had a parcel of land, planned to develop with office and hotel facilities to undertake a feasibility study to support changes to the permitted size and design. Ms. Brown, as project manager on this file, directed the research into the Vaughan and York Region office market, including supply and demand assessments. Hotels and banquet facilities, along with neighbouring tourist attractions were mapped, in order to develop an understanding of the competitive environment. Finally, a review of trends in GTA hotels and hospitality informed the opportunities for increased hotel space. Market, Financial and Economic Studies Waterfront LRT Funding Model Assessment – Toronto, ON – IBI Group was retained by the Waterfront BIA to determine how the Waterfront LRT may be accelerated through different financing models. IBI Group used parametric design to determine the magnitude of development which could be accommodated along the proposed route and examined various revenue tools which could be used to fund infrastructure, including land value capture, tax increment financing and development levies. Robyn was the Project Director and Project Manager on this file. Milton Mobility Hub -Market Peer Review –IBI Group represents a majority landowner in the proposed Milton Mobility Hub. Planned for densities in excess of 150 people and jobs per hectare and supported by the implementation of high-order rail, the Town of Milton and Metrolinx the Regional transit provider are seeking to create a master plan which will transform a suburban community to transit supportive densities. IBI Group has been retained to review and comment on the plans. Specifically, Ms. Brown has been retained to assess the market fundamentals, financial assumptions and feasibility of the planned development. County of Leduc – Economic Impact Assessment –IBI Group was retained by Leduc County to complete an Economic Impact Study (“EIS”) for the proposed expansion of the Nisku Spine Road in Leduc County, Alberta. The purpose of the EIS was to assess and quantify the short and long-term economic impacts of the proposed Spine Road expansion and to provide support and input for the County’s Western Economic Diversification Canada grant application for the Canadian Coal Transition Initiative. The EIS assessed whether future lands which could develop and contribute to the County’s tax base, and an economic impact assessment, based on the construction of the Spine Road and the build out of the vacant lands. The findings of the report were used by the County in their grant application. Economic Development Strategy – Duke Heights BIA --IBI Group was retained by the BIA to assist this employment area with their economic development strategy and re-branding. The existing employment area was looking to capitalize on recent transportation infrastructure investments, including a new subway stop and future LRT investments. IBI Group completed an employment SWOT which looked at existing typologies, transit infrastructure, employment clusters and local institutions. In concert with local business stakeholders, IBI Group helped create a vision for the future of the BIA, along with recommendations for fiscal and planning policies to allow the area to capitalize on new infrastructure and growing employment sectors. 16 Page 223 of 1156 IBI GROUP RESUME Robyn Brown MA, MPL Page 5 – T/01.2022 ibigroup.com Champagne Centre – Toronto, ON - IBI Group was retained to complete a market and economic impact assessment of the Champagne Centre, a 270,000 sf former Ginger Ale bottling plant. The building had recently been purchased by a medical company looking to develop a health facility which was proposed to include extended supportive uses such as restaurants, retail, a long-term stay hotel and other wellness activities. IBI Group was retained to assist in demonstrating the positive economic impact of the proposed uses to the local and regional economy. As part of this study IBI Group completed a high-level market study which reviewed trends in medical office, hotel and recreational industries in order to inform the optimal mix of tenancies and create a synergistic environment which would support the local economy. Canada Lands Corporation (CLC) – Due Diligence/Highest and Best Use Studies –IBI Group, along with EY and Golder has been retained to complete businesses cases for redundant federal properties to inform CLC whether they should retain these sites for redevelopment. Ms. Brown is the project manager on the Real Estate and Highest and Best Use component of these studies reviewing policy and market information to determine the potential on the site for added value. (ongoing) Economic Impact & Economic Development Study - St. Paul’s Hospital, Vancouver, ON – Robyn was the project manager on this economic impact study, looking at the relocation of the St. Paul’s hospital in downtown Vancouver. As part of this three-phased project, was an analysis of the localized impact on businesses and real estate, for the existing and new site. In addition, this study included an economic development strategy for a health innovation district. Using case study work in Canada and the United States, policies, tools and cluster analysis informed the planning and marketing of the 1 million sf of ancillary medical office, retail and research. Racetrack Redevelopment Feasibility Study – Fort Erie, ON – IBI Group was retained by the owners of a defunct racetrack in Fort Erie to test the market feasibility of developing a mixed use community featuring residential, retail and tourist attraction. IBI Group worked to assess the market for different housing typologies, retail and tourism opportunities to inform a master plan along with phasing. Ms. Brown is the Project Director on the market component. (ongoing) Delta Bingo – OPA & Land Use Conversion – Sequoia Grove Homes – Toronto, ON – IBI Group was retained to assist Sequoia Homes in their land use conversion of a site located in the newly designated Keele and St. Clair Major Transit Station Area in the City of Toronto. Robyn Brown lead the Community Services and Facilities Study, Affordable Housing and Employment Land Conversion components of the study in support of an OPA which would re-designate the lands from employment land to mixed use and support a high-density residential development. (ongoing) Retail Impact and Fiscal Impact Assessment - Glen Abbey Golf Course --IBI Group is part of a larger consultant group retained in relation to the proposed redevelopment of the historic Glen Abbey Golf course to a mixed-use community. IBI Group was retained to prepare a fiscal and retail impact study for the proposed development in 2016, along with updates to the reports and additional Community Services and Facilities Study in 2021. Ms. Brown is the project manager on this file and was the main liaison with the consultant group and the client. Uptown Belgrade – Economic and Market Peer Review – IBI Group was retained to peer review the AECOM/McKinsey background work for the Master Plan for Uptown Belgrade, a 2,400-hectare greenfield site adjacent to New Belgrade, Serbia. The site was being master planned as a mixed- use community anchored by five themes; education, IT; Health and Wellness Tourism, Sports and Tourism. IBI Group was retained to review the urban design, master planning, market and economic assumptions to determine the feasibility of the scale and scope of development. Ms. Brown leads the market and economic component. (ongoing) Milton Mobility Hub -Market Peer Review –IBI Group represents a majority landowner in the proposed Milton Mobility Hub. Planned for densities in excess of 150 people and jobs per hectare and supported by the implementation of high-order rail, the Town of Milton and Metrolinx the Regional transit provider are seeking to create a master plan which will transform a suburban community to transit supportive densities. IBI Group has been retained to review and comment on 17 Page 224 of 1156 IBI GROUP RESUME Robyn Brown MA, MPL Page 6 – T/01.2022 ibigroup.com the plans. Specifically, Ms. Brown has been retained to assess the market fundamentals, financial assumptions and feasibility of the planned development. Plains Road, Retail Needs Assessment – Burlington, ON – IBI Group was retained to assist a developer who was intended to redevelop an older strip-mall along Plains Road to a mixed-use building with residential and ground floor retail. The study was intended to help the client assess the amount of new retail which could be supported by the development, along with address neighbourhood concerns regarding the loss of the existing retail space in the community. This study looked at the Burlington retail hierarchy, reviewed the policy environment, conducted a high-level inventory of the Plain Road retail corridor, looked at residential and non-residential growth projections, and suggested potential tenants and unit sizes to maximize market supported retail opportunities. Airport Road, Retail Needs Assessment – Caledon ON –IBI Group was retained to complete a retail needs assessment to support an Official Plan Amendment to convert a historic house to retail, adding an additional 14,000 sf along Airport Road in Caledon East. The study reviewed the current retail hierarchy, pending developments (residential and non-residential) in the community, the policy environment, growth projections, and completed a high level retail space per capita assessment to support the development. Ms. Brown acted as the project manager on this file. Burnaby Mixed Use Development Feasibility Study – IBI Group was retained to complete a three part study to i) test the Burnaby residential, office and retail market ii) design a mixed use building for an infill site and iii) test the financial feasibility of the project. Ms. Brown was the project manager on the market and financial feasibility of this project. Ms. Brown reviewed the current supply and demand for residential and office space in Burnaby, with a focus on the Edmonds Town Centre to inform the future design. After a draft of the building was circulated, Ms. Brown tested the financial feasibility of the opportunity to inform the clients on whether to move forward with the development. Winnipeg Eastern Corridor Route Selection – Winnipeg, MB – IBI Group was retained a sub- consultant by the City of Winnipeg to aid in undertaking a transit study to establish a plan for Rapid Transit within the eastern area of Winnipeg. The transit route has the potential to provide access to important destinations within the city, and strengthen connections between residents, employment, institutions, and cultural nodes. IBI Group lead the City Building stream of the study, encouraging the route selection and concept design to be used as a means for creating more vibrant mixed-use neighbourhoods with active pedestrian realms. Ms. Brown was responsible for the cost-benefit analysis component of this study. Hotel/Residential Development Assessment – Trivat, Montenegro – IBI Group was retained to design a potential residential long-term stay/hotel seaside development in Trivat. Ms. Brown was the project manager on the market and financial feasibility component, which determined the opportunities for the two types of development. Analysis included construction costs, operational costs, property tax implications, occupancy and overall annual revenues. Other Studies Durham-Scarborough Bus Rapid Socio-Economic and Land Use Study _ Metrolinx– IBI Group was awarded a contract by Metrolinx to develop a preliminary design and conduct an environmental assessment for the Durham-Scarborough BRT corridor. The Real Estate, Economics and Planning team will complete a socio-economic and land use review to determine the potential impact that the project would have on these environments, and will put forward a collection of mitigation and monitoring measures to address potential adverse impacts. Robyn is the project manager on this task, and this work will support the overall corridor assessment and will inform the mitigation and monitoring measures. (Ongoing) Peel Housing Corporation Feasibility Assessment –IBI Group was retained by Peel Housing Corporation to analyze nine affordable housing sites and identify which sites are most appropriate for infill and redevelopment opportunities. The Real Estate, Economics and Planning team completed a Market Demand Assessment to understand the current market conditions and determine rental 18 Page 225 of 1156 IBI GROUP RESUME Robyn Brown MA, MPL Page 7 – T/01.2022 ibigroup.com demand looking forward. Robyn was the project manger of the demographic and market demand assessment to give an insight into the local rental market in Brampton and Mississauga. CN Intermodal Federal Hearing, Milton ON -IBI Group was retained as part of the larger consulting group to represent CN in a federal Environmental Assessment Hearing regarding their proposed intermodal located on approximately 1,000 acres in south-west Milton, Ontario. The hearing sought to understand the impacts of the potential intermodal on the environment, finances, economy, real estate and traffic operations for the Town of Milton and the Region of Halton. IBI Group was retained specifically to understand the municipal financial impact, and impact on the Region to achieve employment growth targets to 2031. Ms. Brown was responsible for the growth management component and establishing the primary assumptions contemplated within the modeling relate to absorption, assessment value, capital costs, operating costs, user fees and development charges. Community Services and Facilities Studies –Ms. Brown has worked on a number of community services and facilities (CS&F) studies in the City of Toronto and beyond to assess the impact of new development on existing community facilities and services. This work includes an assessment of area demographics, a development pipeline assessment including the forecasting of future residents and employment densities, CS&F inventories and gaps, 10-year service standard assessments and implementation strategies. Service delivery models include the review of the feasibility of community hubs. Studies include: King Spadina Community Services and Facilities Update for the City of Toronto 87 Ethel, Toronto East Liberty Street, Toronto 2799-1683 Kingston Road, Toronto 1683 Bloor Street West, Toronto 180 Finch Avenue West, Toronto Glen Abbey Redevelopment, Oakville Urban School Accommodation – City of Toronto – IBI Group was retained by Tribute Communities to review school capacity and accommodation opportunities at an important transit hub. Ms. Brown was the project manager on this file, and considered current school capacities, redevelopment opportunities, reviewing case studies and demographics to inform the future school needs. Office Accommodation Study – Region of Peel –IBI Group was retained by the Region of Peel to conduct a review of their existing offices, renovation and retrofitting costs, and market alternatives. As member of the IBI Team, Ms. Brown, assisted in the review of existing office accommodation, office alternatives and redevelopment options for surplus properties for the Region of Peel. Included in her work was a review of the current Peel Region and GTA West Office and land market, an inventory of potential lease, purchase and design build options to meet various timing and space needs for expansion and/or relocation. Toll Plaza Facilities Reuse Study – Los Angeles –Ms. Brown was part of a study to explore the adaptive reuse and potential repurposing of 10 toll facilities and adjacent acreage. As part of this analysis, an inventory and assessment model was developed to evaluate the feasibility of the reuse proposals. Criteria included cost-benefit analysis, environmental sustainability, market desirability and site configuration for adaptive uses. Railside Drive, Brampton Ontario – IBI Group was retained to assess the opportunity for a joint venture development of a site adjacent to the Brampton Go Station. Ms. Brown assisted in conducting the market analysis and residual land value analysis. 19 Page 226 of 1156 IBI GROUP RESUME Robyn Brown MA, MPL Page 8 – T/01.2022 ibigroup.com Glendale District Plan – Region of Niagara – IBI Group was retained by the Region of Niagara to complete the Second Phase of their Glendale District Plan. Ms. Brown was responsible for the commercial needs assessment component of this study, looking at future commercial demand in light of population growth, in order to ensure the community had sufficient local retail services. O’Connor Drive Streetscape Masterplan – Toronto, ON – IBI Group was retained to establish a vision, layout and detained specifications for the implementation of a co-ordinated and high quality public/private streetscape. As part of this project, Ms. Brown completed a high level retail and development inventory, along with looking at trends and opportunities in street front retail. Demographic analysis complimented this assessment. Parking Studies Shared Parking Feasibility Study – Regional Municipality of Wood Buffalo – In concert with IBI Group’s Transportation Group, Ms. Brown assisted in a study on the feasibility of constructing civic shared parking in the downtown core in order to encourage new civic amenities and residential development in the downtown. Ms. Brown looked at case studies of parking authority models across North America and conducted a high level financial assessment. St. Catharines – Downtown Parking Strategy – IBI Group was retained by the City of St. Catharines to develop a set of parking policies and strategies that would support the Garden City Plan and builds upon the existing parking system. As part of this study, Ms. Brown participated in the residential and employment growth forecasts, along with the financial model. Ms. Brown reviewed other municipalities to understand operating and financing systems, and did an analysis of the operating fund, rate structure, cash-in-lieu and the parking management model Town of Whitby – Downtown Parking Accommodation Site Evaluation – Ms. Brown, as part of a larger parking strategy, assessed the potential for accommodating additional stalls within locations in the downtown. Phasing and redevelopment options were considered as part of this high level assessment. Other Parking Studies: City of Oshawa City of Barrie City of Hamilton 20 Page 227 of 1156 IBI GROUP 7th Floor –55 St. Clair Avenue West Toronto ON M4V 2Y7 Canada tel 416 596 1930 fax 416 596 0644 ibigroup.com Memorandum To/Attention Nancy Smith Date January 20, 2022 From IBI Group Project No 135603 cc Angelo Butera; Frank Ianniello; Jennifer Ricci; Louise Sudac; Craig Rohe Subject Niagara Falls Employment Land Strategy Phase 3 Report Dear Ms. Smith, IBI Group (“IBI”) was retained to assist the owners of 9015 Stanley Avenue in Niagara Falls to review and assess the City of Niagara Falls Employment Land Studies completed as part of their employment lands strategy. IBI Group has reviewed the two previous employment land reports, along with a review of the Region of Niagara’s recent employment land needs assessment work. Overall, the City and the Region have taken different approaches to the land needs assessment, they have used different densities, identified different vacant areas, which has led to significantly different findings. It is IBI Group’s opinion, that the City’s work is premature, and needs to incorporate the land needs assessment that the Region of Niagara is currently completing as part of their MCR. The City of Niagara Falls established that there is a shortfall of 76 hectares of Employment Land in the City of Niagara Falls, whereas, the Region of Niagara’s draft Land Needs Assessment has determined that there is a shortfall of 35 hectares. The following differences in the assumptions which underpin the two-analysis lead to the different conclusions. This memo is themed by the various components of the land needs assessment, including: Employment Land Supply; Employment Land Demand; Land Needs Assessment; and Employment Land Supply The City has identified a total employment land supply of 1088 gross hectares with 79 hectares vacant. This was further adjusted to 78 hectares based on infrastructure. 21 Page 228 of 1156 IBI GROUP MEMORANDUM – January 20, 2022 2 74% of these lands are in Employment Areas, with 21 hectares outside. The City further refined these lands by their “shovel-ready” status – selecting those with services to the lot line, and along arterial and collector roads. This resulted in a supply of 49 vacant hectares. Analysis of existing employment lands identified 63 sites, a total of 76 hectares which could accommodate intensification. Only 10 of these sites are more than 2 hectares. The analysis further refined those with high potential, including 16 sites and a total of 19 net hectares. In Section 4 – the vacant supply is further identified as 82 gross hectares Finally, the assessment then further decreases the vacant supply to accommodate potential employment land conversion, and an additional 20% for land vacancy, resulting in only 48 hectares of vacant employment areas. Employment Land Demand The City of Niagara Falls is estimating that the City’s employment lands will need to accommodate 3,450 jobs between 2020 and 2051. This aligns with the Region of Niagara’s forecast of 3,500 jobs, however the overall job number appears to be lower to the Region’s total employment growth. Gross1 Net 2 Gross1 Net 3 Net of Internal Infrastructure 4 Gross Net A B C D E F = A + C G = B + D Montrose Road Industrial Area 136 133 11 11 11 147 145 Q.E.W. Centre Employment Area 29 27 0 0 0 29 27 North Niagara Falls Secure Storage Employment 112 112 43 43 41 155 155 Stanley Avenue Business Park 123 121 5 5 5 128 126 Highway 405 Employment Area 16 16 0 0 0 16 16 Q.E.W./420 Employment Area 55 54 0 0 0 55 54 Dorchester Road Employment Area 11 11 0 0 0 11 11 Outside Employment Areas 528 522 21 21 21 549 543 Total 1,008 997 79 79 78 1,088 1,076 Source: Watson & Associates Economists Ltd., 2020. 1. Gross (columns A and C) has been calculated in accordance w ith the Grow th Plan, 2019. Take-outs include environmental features, major roads and hydro corridors. 2. Net developed land area (Column B) has been calculated based on parcel fabric (excludes local roads, parks and other non-developable features). 3. Net vacant land area (Column D) is calculated based on parcel fabric (excludes roads, parks and other non-developable features). 4. Net of internal infrastructure (Column E) has been calculated based on parcel fabric (excludes local roads, parks and other non-developable features) and a dow nw ard adjustment to large parcels (greater than 10 ha/25 acres) of 10% for internal infrastructure. of Niagara City of Niagara Falls - Vacant Employment Lands - Figure 4-2 22 Page 229 of 1156 IBI GROUP MEMORANDUM – January 20, 2022 3 Land Needs Assessment In reconciling the forecasted demand with the current supply, the City’s analysis uses a density of 25 jobs per hectare to determine a future land need of 124 hectares. The City is estimating that 10% of growth (345 jobs) will be accommodated through intensification in existing employment areas. The Region of Niagara is also completing their land needs assessment, and the most recent assessment indicates a higher density assumption (35 jobs per hectare) which results in a lower land need of 35 hectares. City of Niagara Falls Employment Growth on Employment Areas, 2020 to 2051 (Figure 6-6) City of Niagara Falls Employment Growth by Type City of Niagara Falls Employment Growth in Employment Areas 2020-2051 2020-2051 Major Office 1,170 -0% Population Related 14,740 720 5% Employment Land 2,730 2,730 100% Rural Area 840 -0% Total Employment 19,480 3,450 18% Employment Type % in Employment Areas Source: Derived from Hemson Consulting Ltd. Niagara Region Municipal Comprehensive Review – Grow th Allocation Total Employment in Employment Areas Intensification in Employment Areas - 10% Total Employment in Employment Areas Adjusted for Intensificati on A B C = A - B D E = C / D F 670 67 603 25 24 4 990 99 891 25 36 3 1,440 144 1,296 25 52 3 2,000 200 1,800 25 72 3 2,700 270 2,430 25 97 4 3,450 345 3,105 25 124 42020-2051 Source: Derived from Hemson Consulting Ltd. Niagara Region Municipal Comprehensive Review – Grow th Allocation Update to 2051 Memorandum, April 5, 2021, by Watson & Associates Economists Ltd 2021 2020-2046 Figure 6-7 City of Niagara Falls Grow th Period Employment Grow th in Employment Area Employment Density (Jobs per gross ha) Total Employment Area Land Demand (Gross ha) Average Annual Employment Area Land Demand (Gross ha) 2020-2026 2020-2031 2020-2036 2020-2041 23 Page 230 of 1156 IBI GROUP MEMORANDUM – January 20, 2022 4 In reconciling the land needs the City assumes that there is a shortfall of 76 hectares to 2051. This is based on a vacant supply of 60 hectares, with an additional deduction of 20% for land vacancy – resulting a total supply of 48 hectares. Land Need Employment Growth A 3,105 Employment Area Demand at 2051 B 124 Employment Density (Jobs per gross ha) C = A / B 25 Vacant Employment Area (gross ha) D 60 Land Vacancy Adjustment (20%) E = D * 20%12 Vacant Developable Employment Area (gross ha) F = D - E 48 Employment Area Surplus/Shortfall at 2051 G = F - B (76) Figure 6-9 City of Niagara Falls Employment Source: Watson & Associates Economists Ltd., 2021. 24 Page 231 of 1156 IBI GROUP MEMORANDUM – January 20, 2022 5 Questions: 1. What is status of the proposed employment land conversions? Has the Region reviewed these applications and incorporated them in the MCR? 2. Will the conversions still be accommodating jobs on site? If so, how were these jobs considered in the analysis? 3. How was the 20% land vacancy determined? 4. How does the employment land inventory align with the Region of Niagara’s current work? 5. How does the assessment of employment land intensification opportunities factor into the supply? How does the 10% job allocation relate to the total hectares of land identified for potential intensification? 6. Is the City intending on updating the supply to reflect 2021 so that it aligns with the demand forecast? 7. How did the City establish the density assumption? The City has included a variety of densities across existing employment areas – was a weighted average used? 8. How is the City considering the Region’s work, their employment density assumption of 35 hectares? https://ibigroup.sharepoint.com/sites/Projects1/135603/Internal Documents/6.0_Technical/6.17_Planning/03_Tech-Reports/PTM_Niagara_ELE_Phase_3- 2021-12-14.docx\2022-01-26\RB 25 Page 232 of 1156 Plaza Three 101-2000 Argentia Rd. Mississauga, Ontario L5N 1V9 Office: 905-272-3600 Fax: 905-272-3602 www.watsonecon.ca \\10.0.0.52\HDrive\NiagFall\2020 Industrial Lands Strategy\5. Deliverables\Memos\Niagara Falls ELS - Response to Turkstra Mazza Questions - March 29, 2022.docx April 8, 2022 Brian Dick Manager of Policy Planning Planning & Development, City of Niagara Falls 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Dear Brian Dick: Re: Response to Questions from IBI Group - 8970 and 9015 Stanley Avenue, 2610832 Ontario Inc. Further to our recent correspondence, below are our responses to the questions outlined in the January 26, 2022 letter provided by Turkstra Mazza to the City of Niagara Falls Mayor and Members of Council. 1. What is the status of the proposed employment land conversions? Has the Region reviewed these applications and incorporated them in the MCR? a. The City has circulated a draft Employment amendment and associated mapping to Niagara Region for review and comment. The Region in its Employment Areas through Schedule G. All employment land conversions that are being considered are on employment lands and not within Employment Areas. To date, the Region through their comments and through ongoing discussions have not raised any concerns with the r 2. Will the conversions still be accommodating jobs on site? If so, how were these jobs considered in the analysis? a. Approximately 24 hectares of land are recommended for conversion from an industrial designation. The lands being converted will likely accommodate a small degree of population-related employment associated with designated greenfield area (DGA) Community Areas. The employment land analysis is primarily concerned with employment typically associated with Employment Areas and none of the recommended conversions fall within a designated Employment Area. The 26 Page 233 of 1156 Watson & Associates Economists Ltd.PAGE 2 Niagara Falls ELS - Response to Turkstra Mazza Questions - March 29, 2022.docx lands designated as Industrial (falling outside of Employment Areas) that were recommended for conversion were largely already vacant or not accommodating employment typically associated with employment land employment. Accordingly, these lands are not expected to accommodate employment land employment. 3. How was the 20% land vacancy determined? a. As part of the City of Niagara Falls Employment Lands Strategy (Phase 1), the Consultant Team reviewed historical absorption trends on vacant Employment Area lands within the City. Employment Lands Strategy that the North Niagara Falls Secure Storage Employment Area has experienced persistently high industrial vacancies due to land use compatibility concerns, sub-optimal location, residential encroachment and several other factors explored in the Niagara Falls Employment Lands Strategy. The rapid sale of employment lands within the Montrose Road Employment Area speaks to the demand for employment land within the City and the fact that the North Niagara Falls Secure Storage Area is not a desirable location for industrial-type businesses. A land vacancy factor is a tool established in the Provincial Land Needs Assessment (LNA) Methodology for the Greater Golden Horseshoe (GGH) to account for long-term land vacancies while calculating land needs. A factor of 20% was established in the Niagara Falls Employment Lands Strategy by examining historical absorption and shovel-ready supply opportunities, largely within the North Niagara Falls Secure Storage Area. It is important that the City does not overstate the expected take-up of the existing vacant Employment Area land supply in locations across the City, such as the Secure Storage Area, where anticipated demand may be impeded by the characteristics of the local supply. b. This 20% land vacancy factor has also been considered within the context of other Employment Strategies Watson & Associates has conducted across Ontario and the GGH. Comparatively, a land vacancy factor of 20% is considered reasonable. 27 Page 234 of 1156 Watson & Associates Economists Ltd.PAGE 3 Niagara Falls ELS - Response to Turkstra Mazza Questions - March 29, 2022.docx 4. How does the employment land inventory align with the Region of a. Differences exist between the results of the land inventory analysis in the Employment Lands Strategy (ELS). The ELS identified a supply of 58 hectares yment Areas. The supply identified in the Niagara Falls ELS has been subject to an in-depth review of vacant land supply opportunities which was vetted by City of Niagara Falls staff. 5. How does the assessment of employment land intensification opportunities factor into the supply? How does the 10% job allocation relate to the total hectares of land identified for potential intensification? a. An intensification assumption of 10% assumes that between 2020 and 2051, approximately 350 of the 3,450 Employment Area job forecast will be accommodated on developed employment lands. This intensification rate can be achieved on sites where businesses expand their operations leading to increased employment, lots lot severances with adequate frontage, or existing underutilizes sites which are redeveloped over the long-term to accommodate a more land intensive use. The intensification assumption is factored into the demand forecast, by reducing the total number of jobs and land needed to accommodate future growth. 6. Is the City intending on updating the supply to reflect 2021 so that it aligns with the demand forecast? a. The supply and demand are already aligned with a 2020 base. The demand forecast in the Niagara Falls Employment Lands Strategy is from 2020 to 2051. There are no plans to update the supply to 2021 or to update the demand forecast from 2021 to 2051. 7.How did the City establish the density assumption? The City has included a variety of densities across existing employment areas was a weighted average used? a. The density assumption was established by reviewing historical densities recent development activity. Furthermore, Watson conducted a best practices review of other municipalities across the GGH, to determine a suitable forecast Employment Area density in the City of Niagara Falls. 28 Page 235 of 1156 Watson & Associates Economists Ltd.PAGE 4 Niagara Falls ELS - Response to Turkstra Mazza Questions - March 29, 2022.docx 8. assumption of 35 hectares? a. As of December 2021, the Region has identified an Employment Area density for the City of Niagara Falls from 35 to 25 jobs per hectare, while still maintaining a target of 20 jobs per hectare in the Montrose Road Industrial Area.1 We would be happy to discuss any of these responses further. Yours very truly, WATSON & ASSOCIATES ECONOMISTS LTD. Jamie Cook, MCIP, RPP, PLE Managing Partner Adam Fischer, BA, MA Senior Consultant 1 See Table 3 of the Niagara Official Plan, Appendix 3 PDS 41-2021, 2051 Land Needs Assessment, December 2021. 29 Page 236 of 1156 August 2, 2022 File No. 21228 Ms. Nancy Smith Turkstra Mazza 15 Bold Street Hamilton ON L8P 1T3 Re: PLANNING ANALYSIS – EMPLOYMENT VS RESIDENTIAL 9015 STANLEY AVENUE, NIAGARA FALLS Dear Ms. Smith GSP Group was retained by 2610832 Ontario Inc. (“261”), the owners of 8970 Stanley Avenue (“Subject Lands East”) and 9015 Stanley Avenue (“Subject Lands West”), in the City of Niagara Falls, to provide an independent planning review to determine the optimal use for the Subject Lands West. Specifically, is the optimal use of the Subject Lands West for residential or employment purposes and why? Attached is a copy of our Analysis. As a part of our analysis, a detailed review of all pertinent provincial land use planning legislation, policies and regulations was undertaken, including a review of the City of Niagara Falls draft Official Plan Amendment and draft Zoning By-law Amendment that implement the City’s Employment Land Studies. The Analysis includes an evaluation of development opportunities and constraints, considers the two development options (i.e., employment vs residential), and culminates in a recommendation of the preferred optimal use. The Analysis concludes that the optimal use of the Subject Lands West is for residential purposes and not employment purposes for the following reasons: •The residential use of the Subject Lands West has regard for matters of provincial interest as required by Section 2 of the Planning Act and is consistent with the Provincial Policy Statement (“PPS”); •While the redevelopment of the Subject Lands West for employment purposes generally has regard for Section 2 of the Planning Act, the City has not had regard for Clause n): “The resolution of planning conflicts involving public and private interests.” 261 submitted its application to the City for the redevelopment of the lands for residential purposes and was not advised at the pre-consultation phase, or through circulation comments, of the City’s intent to redesignate the Subject Lands West for employment purposes prior to the City dealing with their application; •The impact of employment development on the redevelopment of the lands to the east for (sensitive) residential purposes has not been considered or addressed from a land use compatibility perspective pursuant to the PPS Policy 1.2.6 or the Regional Official Plan. ATTACHMENT 2 30 Page 237 of 1156 Accordingly, the development of the Subject Lands West for employment purposes could negatively impact the ability to redevelop the Subject lands East for residential purposes with respect to land use compatibility and the application of the Ministry’s D-6 Guidelines; • The Province’s A Place Grow: The Growth Plan for the Greater Golden Horseshoe (“Growth Plan”) repeatedly refers to the “optimal” use of land, infrastructure and capital investment. 261’s residential development provides for higher population projections and a more compact and dense form of intensification than the development of employment uses. The residential use of the Subject Lands West provides for the optimization of existing and proposed infrastructure which results in cost savings on existing and proposed infrastructure and transportation facilities; • The development of the Subject Lands West for residential purposes supports the achievement of complete communities as defined in the Growth Plan as “Places such as mixed-use neighbourhoods or other areas within cities, towns, and settlement areas that offer and support opportunities for people of all ages and abilities to conveniently access most of the necessities for daily living, including an appropriate mix of jobs, local stores, and services, a full range of housing, transportation options and public service facilities. Complete communities are age-friendly and may take different shapes and forms appropriate to their contexts.”; • The residential use of the Subject Lands West better responds to the market and Ontario’s affordable housing crisis by providing readily available land to market in the short and mid- term. Therefore, the residential use of the Subject Lands West represents the optimal use of the lands as directed by the provincial Growth Plan, and better supports the achievement of the Region and City’s population and housing targets to the year 2051; • The residential use of the Subject Lands West conforms to the current Region of Niagara Official Plan; • With the exception of the land use designation, which is proposed to be amended through 261’s Official Plan Amendment application, the residential use of the lands conforms to the current City of Niagara Falls Official Plan where the policy framework recognizes and provides for higher residential density along an arterial road, with good connectivity throughout the neighbourhood and where the issues of compatibility are addressed; and • Factoring in the extensive abutting natural heritage features west of the Subject Lands West and associated buffers and setbacks, the remaining industrial land is fragmented and, in many cases, those fragments are isolated for redevelopment thereby not representing the optimal use of these lands. 31 Page 238 of 1156 Therefore, based on my review of the relevant policies and regulations, the optimal use of the Subject Lands West is for residential purposes and not employment purposes. Sincerely, GSP Group Inc. Brenda Khes, MCIP RPP Vice President, Hamilton P:\21228-2610832 Ontario Inc.-8970 & 9010 Stanley Ave\letters\GSP opinion let August 2 2022.docx 32 Page 239 of 1156 Optimal Use Analysis - 9015 Stanley Avenue, Niagara Falls Prepared by: GSP Group Inc. GSP Group was retained by 2610832 Ontario Inc. (“261”), the owners of 8970 Stanley Avenue (“Subject Lands East”) and 9015 Stanley Avenue (“Subject Lands West”), in the City of Niagara Falls, to provide an independent planning review of the Subject Lands West to determine their optimal use for either residential purposes (as proposed by 261) or for employment purposes (as proposed by the City). Hereinafter, the “Subject Lands” will refer to both the Subject Lands West and the Subject Lands East. The residential redevelopment considered in the following analysis assumes the comprehensive residential redevelopment of the Subject Lands, as per 261’s current development applications before the City for approval. The employment redevelopment considered in the following analysis assumes the comprehensive redevelopment of the lands west of the Subject Lands as well, as they form part of the City’s current proposed amendments. Description of Subject Lands and Surrounding Area 1. The Subject Lands West are located at the northwest corner of Stanley Avenue and Lyon’s Creek Road bordering the Welland River to the north. These lands are ±25 ha in size and were most recently operating as the King Waldorf Trailer Park. From a community perspective, the Subject Lands West are generally located at the southern end of the City of Niagara Falls south of the Stanley Avenue Business Park which is located north of the Welland River. 2. Stanley Avenue is designated as an Arterial Road in the City of Niagara Falls Official Plan (Schedule C). The Subject Lands have access to the provincial highway system via the QEW located to the west including an interchange at Lyon’s Creek Road. 3. The surrounding land uses are as follows: • North: Directly north is the Welland River while further north is the Stanley Avenue Business Park which contains a variety of Class I, Class II (e.g., Dyaco Canada Inc., Viking Rigging solutions, Full Circle Industrial Solutions Inc., etc.) and Class III (e.g., Salit Steel, Mancuso chemicals, and Read-i- mix, etc.) industries. • East: The lands directly east on the east side of Stanley Avenue are currently vacant. These lands were previously used as a golf course (Oaklands’ Golf Course) until 2019. The Subject Lands – East and West, are currently the subject of active official plan and zoning by -law 33 Page 240 of 1156 Optimal Use Analysis | 9015 Stanley Avenue, Niagara Falls 2 | P a g e G S P G r o u p I n c . amendment applications with the City to provide for future residential and mixed-use commercial development. Further east is the Chippawa Community which is an historic village within the City including predominantly single detached dwellings as well as schools, a library, sports complex, childcare centre, seniors residences and a fire station. • West: To the west of the Subject Lands West is a woodland and wetland comprised of various environmental features. • South: south on the south side of Lyon’s Creek Road are a number of single detached dwellings fronting Lyon’s Creek Road and the west side of Stanley Avenue. These lands are outside the urban boundary limits of the City. 4. The Region of Niagara is currently in the process of completing the necessary approvals to construct a new wastewater treatment facility in south Niagara Falls. The preferred location for this facility will be east of the QEW, south of the Welland River and north of Lyon’s Creek road, approximately 3km from the Subject Lands West. This new facility will support growth in Niagara Falls and well as the City of Thorold. The future development of the Subject Lands will direct sanitary flows to this facility. 5. The Subject Lands are serviced with public and private facilities including schools (Sacred Heart Catholic Elementary and Riverview Public School), parks (e.g., Chippawa Kinsmen Park, George Bukator Park, Naisbitt Parkette, etc.), recreation facilities (e.g., Patrick Cummings Memorial Sports Complex, numerous golf courses, Marineland, the McBain Centre, etc.), grocery stores (e.g., Foodland, Walmart and Costco), places of worship (e.g., Lighthouse Niagara Pentecostal church, Islamic Society of Nagara Peninsula, etc.) and libraries (McBain community Centre Library). These facilities are all found within 2-8 kilometres of the Subject Lands. 6. The QEW Highway and interchange are located approximately 2km west of the Subject Lands. The QEW is a major transportation route linking Toronto, Hamilton and Niagara Falls to the Peace Bridge crossing into Buffalo, New York. 7. A new, large scale regional hospital is planned at the northwest corner of Montrose Road and Lyon’s Creek Road, approximately 3km west of the Subject Lands. Development Options 8. The redevelopment of the Subject Lands West for employment purposes represents the provision of approximately 626 jobs based on the City’s projected employment density of 25 jobs per hectare. 9. The redevelopment of the Subject Lands West for residential purposes has been designed to provide 333 residential units comprised of 237 lots for single detached dwellings, 46 street townhouses, 50 low-medium density residential dwelling units, 34 Page 241 of 1156 Optimal Use Analysis | 9015 Stanley Avenue, Niagara Falls 3 | P a g e G S P G r o u p I n c . and a 1.5 hectare park block on the west side of Stanley Avenue . Based on the number of persons per unit type established in the Region’s Development Charges calculations, this equates to a projected population of 953 persons on the Subject Lands West. 10. Based on the topography of the Subject Lands West and the lands to the east, the need for a stormwater management facility and sanitary pumping station supporting the residential development was determined and provided for on the east side of Stanley Avenue. 11. No detailed stormwater management report or site specific servicing studies have been undertaken to date regarding the development of the Subject Lands West for industrial purposes to assess their stormwater management needs/requirements. 12. Overall, the proposed residential redevelopment will: • Further intensify land within the built boundary of the City in proximity to active transportation routes including the QEW; • Allow for a density that will facilitate additional residents to be located within the urban limits which will help improve the financial viability of the significant public investment the City and Region have dedicated to the future Regional Wastewater Treatment Facility to the west; • Increase the City’s housing stock; and • Diversify the City’s housing choices and expand and connect development to and from the historic Chippawa Community, bringing additional residents and vitality into the broader community area. 13. Overall, the proposed employment redevelopment will: • Further intensify land within the built boundary of the City in proximity to active transportation routes including the QEW; • Allow for an employment density that will provide up to ±626 jobs within the Subject Lands West within the urban limits of the City which will help improve the financial viability of the significant public investment the City and Region have dedicated to the future Regional Wastewater Treatment Facility to the west; and • Add to the City’s employment land supply. Required Amendments to Existing Planning Instruments 14. The Subject Lands West, as well as the lands further west are currently designated Resort Commercial, Environmental Conservation Area and Environmental Protection Area in the City of Niagara Falls Official Plan. 35 Page 242 of 1156 Optimal Use Analysis | 9015 Stanley Avenue, Niagara Falls 4 | P a g e G S P G r o u p I n c . 15. An amendment to the City of Niagara Falls Official Plan is required to redesignate the Subject Lands West (and East) to Residential and Environmental Protection Area to provide for the proposed residential and mixed use redevelopment and ensure the protection of natural heritage features. 16. An amendment to the City of Niagara Falls Official Plan is required to redesignate the Subject Lands West and the lands further west to Employment, Environmental Conservation Area, Environmental Project Area and Open Space to provide for the City’s proposed future employment redevelopment and ensure the protectio n of natural heritage features. 17. The Subject Lands West are currently zoned Tourist Commercial under Zoning By- law No. 395 (1966) of the former Township of Willoughby. 18. An amendment to this By-law and the City’s comprehensive Zoning By-law 79-200 is required to implement the proposed Official Plan Amendments noted above for either residential or employment purposes. Policy and Regulatory Context Planning Act 19. Section 2 of the Planning Act sets out matters of Provincial Interest to which planning authorities must have regard when considering and carrying out responsibilities under the Act as follows: • “The protection of ecological system, including natural areas, features and functions; • The protection of the agricultural resources of the Province; • The conservation and management of natural resources and the mineral resource base; • The conservation of features of significant architectural, cultural, historical, archaeological or scientific interest; • The supply, efficient use and conservation of energy and water; • The adequate provision and efficient use of communication, transportation, sewage and water services and waste management systems; • The minimization of waste; • The orderly development of safe and healthy communities; • The accessibility for persons with disabilities to all facilities, services and matters to which this Act applies; • The adequate provision and distribution of educational, health, social, cultural, and recreational facilities; 36 Page 243 of 1156 Optimal Use Analysis | 9015 Stanley Avenue, Niagara Falls 5 | P a g e G S P G r o u p I n c . • The adequate provision of a full range of housing, including affordable housing; • The adequate provision of employment opportunities; • The protection of the financial and economic well-being of the Province and its municipalities; • The co-ordination of planning activities of public bodies; • The resolution of planning conflicts involving public and private interests; • The protection of public health and safety; • The appropriate location of growth and development ; • The promotion of development that is designed to be sustainable, to support public transit and to be oriented to pedestrians; • The promotion of built form that, (i) is well-designed, (ii) encourages a sense of place, and (iii) provides for public spaces that are of high quality, safe, accessible, attractive, and vibrant; • The mitigation of greenhouse gas emissions and adaptation to a changing climate.” 20. The table to follow demonstrates how the development of the Subject Lands West for residential purposes has regard to the Section 2 matters of provincial interest (column 2), as well as how their development for employment purposes has regard to the Section 2 matters of provincial interest (column 3). Provincial Interest Residential Development Employment Development (a) the protection of ecological systems, including natural areas, features and functions; The Subject Lands West are located adjacent to a Natural Heritage System (“NHS”) as per Ministry of Natural Resources and Forestry online NHS mapping wherein no development is proposed; further, pursuant to an EIS prepared by Coleville Consulting Inc. and a Water Balance Study prepared by Terra Dynamics Consulting These lands are located adjacent to and/or form part of a Natural Heritage System (“NHS”) as per Ministry of Natural Resources and Forestry online NHS mapping wherein no development is proposed. Neither a detailed EIS or Water Balance Study have been prepared for all of these lands to confirm the width of 37 Page 244 of 1156 Optimal Use Analysis | 9015 Stanley Avenue, Niagara Falls 6 | P a g e G S P G r o u p I n c . Provincial Interest Residential Development Employment Development Inc., an appropriate 15m buffer is recommended/required from these natural features as well as the designation and zoning of these lands to Environment Protection Area to ensure their long- term viability; appropriate buffers from all the natural features. (b) the protection of the agricultural resources of the Province; These lands are not located in the Agricultural Land Base for the Greater Golden Horseshoe as per online mapping (Agricultural Systems Portal); (c) the conservation and management of natural resources and the mineral resource base; As per Appendix IV “Potential Aggregate Resource” of the City of Niagara Fall Official Plan, there are no Mineral Resource Areas found here; (d) the conservation of features of significant architectural, cultural, historical, archaeological or scientific interest; There are no buildings of heritage significance and no Archaeological resources have been identified. There are no buildings of heritage significance on the Subject Lands West and no Archaeological resources have been identified. No archaeological studies have been completed for the lands further to the west to determine their archaeological potential. (e) the supply, efficient use and conservation of energy and water; Both residential development and employment development will utilize existing energy and water infrastructure; 38 Page 245 of 1156 Optimal Use Analysis | 9015 Stanley Avenue, Niagara Falls 7 | P a g e G S P G r o u p I n c . Provincial Interest Residential Development Employment Development (f) the adequate provision and efficient use of communication, transportation, sewage and water services and waste management systems; Both residential development and employment development will utilize existing and/or planned sewage, water, and wastewater infrastructure. Pursuant to the recommendations of a Preliminary Functional Servicing Report and Stormwater Management Report prepared by Upper Canada Consultants there are existing water and sanitary services proximate to the Subject Lands West that will be used to support future development. The reports also indicate that a stormwater management facility (i.e., pond) will be required. The Lyon’s Creek has been identified as the primary stormwater outlet for this development, and flows will be subject to quality controls. The Reports conclude that full urban servicing can be provided to the Subject Lands West and that specific methods and layouts of required infrastructure will be informed by future, detailed planning processes including a draft plan of subdivision and Site Plan control where required; (g) the minimization of waste; Development for either residential or employment purposes through the draft plan of subdivision approval processes will ensure that Regional waste management requirements - which includes mandatory recycling – will be adhered to; (h) the orderly development of safe and healthy communities; (h.1) the accessibility for persons with disabilities to all facilities, services and matters to which this Act applies; The proposed development land are located proximate to shopping areas to the north and east, as well as places of employment within the Stanley Business Park to the north. Through the building permit process, both residential and employment development will be required to demonstrate compliance with the Ontario Building Code, which includes barrier-free design provisions; (i) the adequate provision and distribution of educational, The proposed development lands are located on the southern boundary of the built-up area of the city and are situated within 2-8 km of schools, parks, and other 39 Page 246 of 1156 Optimal Use Analysis | 9015 Stanley Avenue, Niagara Falls 8 | P a g e G S P G r o u p I n c . Provincial Interest Residential Development Employment Development health, social, cultural and recreational facilities; community facilities including plans to build a new hospital west of the Subject Lands West; (j) the adequate provision of a full range of housing, including affordable housing; The proposed residential development contemplates the addition of singles, townhouses and potential low-rise apartments adding to the quantity and range of the City’s housing stock; No residential development is proposed to contribute to the provision of housing; (k) the adequate provision of employment opportunities; Limited commercial uses are proposed at the northeast corner of Lyon’s Club Road and Stanley Avenue providing employment opportunities for residents as well as the Stanley Avenue Business Park to the north. The Subject Lands West are also proximate to Marineland providing largely seasonal employment, and within 10 km of the tourist area of Niagara Falls which is a major economic driver in the City of Niagara Falls; The proposed employment development will provide a range of prestige industrial employment opportunities along the west side of Stanley Avenue and the north side of Reixinger Road. (l) the protection of the financial and economic well-being of the Province and its municipalities; The redevelopment of the lands for either residential or employment purposes will reduce the overall land maintenance burden on the City as existing and proposed municipal services and infrastructure exist or are proposed in proximity to the Subject Lands West. In addition, applicable Development Charges will be paid; (m) the co- ordination of planning 261’s applications and supporting technical studies in support of the proposed residential The City’s proposed amendments for employment purposes have been circulated to all necessary 40 Page 247 of 1156 Optimal Use Analysis | 9015 Stanley Avenue, Niagara Falls 9 | P a g e G S P G r o u p I n c . Provincial Interest Residential Development Employment Development activities of public bodies; development have been circulated to all necessary department, agencies and public bodies for review and comment; departments, agencies and public bodies for review and comment; (n) the resolution of planning conflicts involving public and private interests; Pursuant to the Planning Act, notice of the application was circulated to the surrounding community. A future statutory public meeting will be held to provide additional community engagement; The City’s proposed amendments were circulated after and directly conflict with 261’s applications. (o) the protection of public health and safety; Both residential and employment development will be developed to meet Regional and municipal design standards to ensure public health and safety are protected; in addition, future applications will be reviewed by regional and municipal department and agencies, ensuring that public health and safety are appropriately addressed; (p) the appropriate location of growth and development; All of the lands are appropriately located within the City’s Settlement Area Boundary as well as the provincially delineated Built Boundary where growth and development is to be directed, and will utilize existing and planned infrastructure; (q) the promotion of development that is designed to be sustainable, to support public transit and to be oriented to pedestrians; The development of the lands for either residential or employment purposes will support the extension and sustainability of Niagara Falls Transit investment along Lyons Creek Road and Stanley Avenue connecting with the Chippawa community to the east and the hospital to the west; (r) the promotion of built form that, (i) is well- designed, The proposed residential development on the Subject Lands West, combined with the Subject Lands East, promote a well-designed The detailed design and layout of the City’s proposed employment lands has not yet occurred. However, following the City’s design guidelines will ensure a built form that is 41 Page 248 of 1156 Optimal Use Analysis | 9015 Stanley Avenue, Niagara Falls 10 | P a g e G S P G r o u p I n c . Provincial Interest Residential Development Employment Development (ii) encourages a sense of place, and (iii) provides for public spaces that are of high quality, safe, accessible, attractive and vibrant; neighbourhood incorporating appropriate transition in land uses from abutting natural heritage systems, arterial roadways, and industrial operations through the implementation of mitigation measures including appropriate distance setbacks, natural buffers and building placements. The proposed natural open space blocks along the north and south limits combined with the proposed public parks will encourage a sense of place as well as provide for high quality, safe, accessible, attractive and vibrant public spaces; and well designed, encourages sense of place, and provide for public spaces that are of high quality, safe, accessible, attractive and vibrant. (s) the mitigation of greenhouse gas emissions and adaptation to a changing climate. The nature of the residential development will house residents in an efficient way that fully utilizes existing and planned services and public amenities. The residents that will occupy the buildings in the future might otherwise locate themselves in areas that would contribute toward sprawl and greater automobile use. Conversely, the proximity of the Subject Lands West to public, community amenities, parks/open space, and The future employment development will be in a compact built form based on current urban standards that will allow the workers to utilize existing and planned services and public amenities. The construction of buildings to future LEED standards could be encouraged by the City to address changing climate. 42 Page 249 of 1156 Optimal Use Analysis | 9015 Stanley Avenue, Niagara Falls 11 | P a g e G S P G r o u p I n c . Provincial Interest Residential Development Employment Development nature trails will contribute to taking automobiles off the road and thereby reduce greenhouse gas 21. In this regard, the development of the Subject Lands West for residential purposes has had regard for Section 2 of the Planning Act. 22. The redevelopment of the Subject Lands West for employment purposes generally has had regard for the Section 2 of the Planning Act; however, there are a few matters outstanding that must be resolved. The City has not had regard for Clause n) “The resolution of planning conflicts involving public and private interests .” 261 submitted its application to the City for the redevelopment of the lands for residential purposes and was not advised at the pre-consultation phase, or through circulation comments, of the City’s intent to redesignates their lands for employment purposes prior to the City dealing with their application. Provincial Policy Statement, 2020 (PPS) 23. The PPS provides policy direction on matters of provincial interest related to land use planning and development. The Planning Act requires that all municipal land use decisions affecting planning matters be consistent with the PPS. 24. PPS Policy 1.1 addresses the management and direction of land use to achieve efficient and resilient development and land use patterns and states: “1.1.1 Healthy, livable and safe communities are sustained by: b) Accommodating an appropriate range and mix of residential (including second units, affordable housing and housing for older persons), employment (including industrial, and commercial), institutional (including places of worship, cemeteries and long-term care homes), recreation, park and open space, and other uses to meet long-term needs; e) promoting the integration of land use planning, growth management, transit - supportive development, intensification and infrastructure planning to achieve cost-effective development patterns, optimization of transit investment, and standards to minimize land consumption and servicing costs;… g) ensuring that necessary infrastructure and public service facilities are or will be available to meet current and projected needs; 43 Page 250 of 1156 Optimal Use Analysis | 9015 Stanley Avenue, Niagara Falls 12 | P a g e G S P G r o u p I n c . 25. The PPS further states: “1.1.3.1 Settlement areas shall be the focus of growth and development, and their vitality and regeneration shall be promoted. 1.1.3.2 Land use patterns within settlement areas shall be based on densities and a mix of land uses which: a) efficiently use land and resources; b) are appropriate for, and efficiently use, the infrastructure and public service facilities which are planned or available, and avoid the need for their unjustified and/or uneconomical expansion; e) support active transportation; f) are transit-supportive, where transit is planned, exists or may be developed; Land use patterns within settlement areas shall also be based on a range of uses and opportunities for intensification and redevelopment in accordance with the criteria in policy 1.1.3.3, where this can be accommodated. 1.1.3.3 Planning authorities shall identify appropriate locations and promote opportunities for transit-supportive development, accommodating a significant supply and range of housing options through intensification and redevelopment where this can be accommodate taking into account existing building stock or areas, including brownfield Subject Lands, and the availability of suitable existing or planned infrastructure and public service facilities required to accommodate projected needs……” 1.1.3.5 Planning authorities shall establish and implement minimum targets for intensification and redevelopment within built-up areas, based on local conditions. However, where provincial targets are established through provincial plans, the provincial target shall represent the minimum target for affected areas.” 26. The residential or employment development of the Subject West Lands is consistent with these PPS policies by: • locating development within an existing urban settlement area; • redeveloping an underutilized campground for either a mixed-use development or employment purposes will contribute to the range and type of residential, commercial or employment uses in the local neighbourhood and surrounding area; 44 Page 251 of 1156 Optimal Use Analysis | 9015 Stanley Avenue, Niagara Falls 13 | P a g e G S P G r o u p I n c . • developing various types of residential dwelling units (single, townhouse and apartment units), as well as a park, or development employment lands, will diversify the available housing or employment options in the area representing a more efficient use of land within an existing urban settlement area where developed is directed to occur. The Subject Lands West are well serviced by a comprehensive street network and proximity to existing and future community facilities; • providing for an efficient use of land and resources by intensifying an existing built-up area within the City of Niagara Falls, thereby sustaining the financial well-being of the City as well as the Province over the long te rm; • accommodating a range and mix of either employment or residential commercial, park and open space areas that will serve to meet the long- term needs of residents; • promoting a compact built form to prevent outward sprawl outside of the built boundary which reduces the strain on land and resources and will support planned transit in the area; • utilizing existing and planned infrastructure and public service facilities in the form of municipal infrastructure (i.e., water, wastewater and sewers), roads, public transit, libraries, parks, schools, and childcare centre, thereby optimizing their efficiency and providing for efficient development and land use patterns; and, • contributing to the achievement of a minimum of 40% intensification within the Built Up area annually to the year 2031 as set forth in the Regional Official Plan. Land Use Compatibility 27. PPS Policy 1.2.6 deals with Land Use Compatibility. The Subject Lands are located within 1,000 meters of several “major facilities”, including industrial uses. 28. The residential development of the Subject Lands West is considered a sensitive land use under Ontario Regulation 153/04. In support of the residential redevelopment of these lands, a Land Use Compatibility Assessment was undertaken by RWDI Air Inc. dated December 8, 2020 and included air quality, noise and a D-6 Guidelines review. 29. The conclusions of the RWDI assessment are noted below: • “Industrial facilities within the 1000 m study area were identified as Class I, II or III under the D-6 Guidelines. All of the industries identified are well beyond the D-6 minimum setback distances to the proposed residential development. Based on the preliminary air quality review for the Class II 45 Page 252 of 1156 Optimal Use Analysis | 9015 Stanley Avenue, Niagara Falls 14 | P a g e G S P G r o u p I n c . and /Class III industries …the zone of potential influence from some existing Class II and Class III industries overlaps with the proposed development. The Class II facilities are not expected to impact air quality at the subject lands; the facilities are well contained with minimal processing and minimal potential for impacts of fugitive dust or odours. Similarly, none of the Class III facilities are expected to impact air quality at the subject lands. The winds blowing from these facilities towards the subje ct lands are infrequent (less than 6% of the time) and the subject lands are located beyond the minimum separation distance for all facilities. From a noise perspective all Class III facilities are not expected to generate impact at the subject lands. The landfill operation identified in the ECA for Marineland is not expected to pose any concern for the proposed development, but RWDI recommends that the proponent contact Marineland to confirm the details of the permitted landfill with respect to status of operation, location and size.” 30. RWDI’s evaluation concluded that a change in designation to permit residential land uses at this location should not negatively impact existing major facilities or affect their ability to expand. Further, the existing major facilities are not expected to negatively impact any future residential development. 31. Conversely, the redevelopment of the Subject Lands West for employment purposes would bring industrial development closer to proposed sensitive land uses on the Subject Lands East and require a land use compatibility analysis to determine the impact this new land use could have on the proposed residential sensitive land uses on the east side of Stanley Avenue. 32. Pursuant to Section 11.1.1 of the Prestige Industrial PI Zone, a broad range of industrial uses are permitted that may not be appropriate next to sensitive land uses including manufacturing, compounding, processing, packaging, crating, bottling, assembly of raw or semi-processed or fully processed materials, ice manufacturing plant, and warehousing to name a few. This assessment has not been undertaken to determine the impact of the future employment development on the future residential development immediately to the east. 33. In this regard, it has not been determined whether the development of the Subject Lands West for employment purposes is consistent with PPS Policy 1.2.6. Housing 34. PPS Policy 1.4 deals with Housing and requires municipalities to provide for an appropriate range and mix of housing options and densities required to meet projected requirements of current and future residents of the regional market area by: 46 Page 253 of 1156 Optimal Use Analysis | 9015 Stanley Avenue, Niagara Falls 15 | P a g e G S P G r o u p I n c . • always maintaining the ability to accommodate residential growth for a minimum of 15 years through residential intensification and redevelopment, and, if necessary, lands which are designated and available for residential development; and • always maintaining land with servicing capacity sufficient to provide at least a three-year supply of residential units available through lands suitably zoned to facilitate residential intensification and redevelopment, and land in draft approved and registered plans. 35. Consistent with these policies, the City of Niagara Falls presented its Housing Needs and Supply Report to City Council on June 22, 2021 (Report PPBD -2021- 30) which concluded that there are sufficient lands within the built boundary to accommodate targeted growth to the year 2051. 36. The redevelopment of lands for employment purpose s will not contribute to the City’s housing demand needs. Public Spaces, Recreation, Parks, Trails And Open Space 37. PPS Policy 1.5 deals with public spaces, recreation, parks, trails and open space and promotes healthy and active communities by: “a) planning public streets, spaces and facilities to be safe, meet the needs of pedestrians, foster social interaction and facilitate active transportation and community connectivity; b) planning and providing for a full range and equitable distribution of publicly- accessible built and natural settings for recreation, including facilities, parklands, public spaces, open space areas, trails and linkages, and, where practical, water-based resources; c) providing opportunities for public access to shorelines; and d) recognizing provincial parks, conservation reserves, and other protected areas, and minimizing negative impacts on these areas. 38. Consistent with these policies, the proposed residential development includes a large public park block on the west side of Stanley Avenue sufficient in size to accommodate playground equipment and sports fields. There are also opportunities to connect a riverfront trail from the west side of Stanley Avenue to the east side. 39. The redevelopment of the lands for employment purposes likely will not include public parkland, nor do the draft policy and regulations require or encourage them. Infrastructure and Public Service Facilities 40. PPS Policy 1.6 deals with infrastructure and public service facilities. 47 Page 254 of 1156 Optimal Use Analysis | 9015 Stanley Avenue, Niagara Falls 16 | P a g e G S P G r o u p I n c . 41. Upper Canada Consultants prepared both a Functional Servicing Brief and Stormwater Management Brief. The report concludes that there are existing water and sanitary services proximate to the Subject Lands to support the future development. The report also indicates the requirement for a stormwater management facility to be provided on the east side of Stanley Avenue. 42. Consistent with the PPS, the proposed residential development can be supported by urban services without the need for inefficient expansion. While not specifically prepared or designed for an industrial development, it is likely that employment uses can be supported by urban services as well, without the need for inefficient expansion. In this regard, either residential or employment development will ensure the efficient use of the proposed wastewater treatment facility to the west. Transportation 43. PPS Transportation Policy 1.6.7.2 requires the efficient use of existing and planned infrastructure, while Policy 1.6.7.4 promotes a land use pattern density and mix of uses that minimizes the length and number of vehicle trips and supports current and future transit and active transportation. 44. Consistent with these policies the redevelopment of the Subject Lands West will provide an opportunity to intensify the Subject Lands for residential or employment purposes that will support public transit investment. The overall development and growth of the lands south of the Welland River will assist in providing sustainable public transit service to this area and the Chippewa community to the east. 45. The proposed design of the street pattern and required sidewalks within the proposed residential plan of subdivision will encourage active transportation connections to local street networks, parks, trails and the broader Regional Cycling Network of which Lyon’s Creek Road is a part. Economic Prosperity 46. PPS Policy 1.7 addresses the economic prosperity of Ontario’s communities. Policy 1.7 a) promotes “opportunities for economic development and community investment-readiness”, while Policy 1.7 b) encourages “residential uses to respond to dynamic market-based needs and provide necessary housing supply and range of housing options for a diverse workforce” 47. Consistent with this policy, the redevelopment of the Subject Lands for employment purposes will provide employment land to respond to the economic development needs of the city, while the proposed residential development will assist the City and Region in responding to Ontario’s current housing affordability crisis. The creation of new lots and dwellings units will contribute to the achievement of the regional and municipal housing targets and respond to market needs. 48 Page 255 of 1156 Optimal Use Analysis | 9015 Stanley Avenue, Niagara Falls 17 | P a g e G S P G r o u p I n c . Natural Heritage 48. PPS Policy 2.0 deals with the wise use and management of resources. 49. Policy 2.1 deals specifically with the projection of natural heritage features for the long term including significant wetlands, woodland, valleyland, wildlife habitat, area of natural and scientific interest and coastal wetland. 50. The Subject Lands contain, and are located immediately adjacent to, a number of these natural heritage features. Accordingly, an Environmental Impact Statement was prepared by Colville Consulting Inc. between 2018 and 2021. The proposed amendment includes the designation of these significant natural heritage features as Environmental Protection Areas including appropriate buffers to ensure the long term protection of these features consistent with PPS Policy 2.1. Wetlands 51. The Subject Lands are located within Ecoregion 6E and 7E and contains provincially significant wetlands; however, consistent with PPS Policy 2.1.4 no development or Subject Lands alteration is proposed within the wetlands. 52. PPS Policy 2.1.5 a) and 2.1.8 requires that no development be permitted within or adjacent to these significant wetlands, unless it has been demonstrated that there will be no negative impacts on the natural features or their ecological functions. 53. To be consistent with this policy and ensure there will be no negative impacts, the EIS recommends that a 30m buffer be provided for the wetland features adjacent to the Welland River (north) and along Lyon’s Creek west of Stanley Avenue and that the significant wetland located at the southwest corner is recommended to be designated as an Environmental Protection Area with a recommended buffer of 15m. 54. The Water Balance Study prepared by Terra Dynamic Consulting Inc., conside red these recommended buffers and recommended that they be increased by 33m to maintain the current hydrologic conditions. Provided these recommendations are adhered to, there will be no surface water flow impacts to the wetlands resulting for the redevelopment of the Subject Lands. 55. For the purposes of designs and to be consistent with the PPS, the EIS recommends that “lot lines be located 30m from the wetland, with a minimum of 3m of the adjacent properties graded to maintain flow to the wetland feature. Provided grading within 33m of the wetland area maintains current overland flow conditions, the hydrology of wetlands on this property will not impact wetlands associated with Lyons Creek [located south and east of the Subject Lands].” 56. These requirements will be included within the implementing ZBA and included as grading conditions associated with the subdivision approvals process. 49 Page 256 of 1156 Optimal Use Analysis | 9015 Stanley Avenue, Niagara Falls 18 | P a g e G S P G r o u p I n c . 57. Consistent with the PPS, the EIS and Water Balance Study conclude that the wetlands will be appropriately protected with no negative impacts on the natural features or their ecological function, subject to the implementation of recommended mitigation measures including separation buffers and fencing for the long term. Woodlands 58. PPS Policies 2.1.5 g) and 2.1.8 pertains to woodlands lands restricting development on or adjacent to them unless it has been demonstrated that there will be no negative impacts on the woodland or its ecological function. 59. The EIS identifies a significant woodland on the Subject Lands at the southwest corner comprised of declining Green Ash and mature Cottonwood, interspersed with cultural thicket and that the woodland on this portion of the property primarily contain trees that are remnant from the former homestead . The EIS states that “although this woodland satisfies the associated significant woodland criteria, the primary functional components of this woodland are located to the west ”. 60. The EIS acknowledges that the proposed development would remove 0.7 hectares of the wooded area to facilitate the proposed plan and concludes that “Since this portion of the woodland was not providing any documented significant habitat functions and the remainder of the woodland will continue to provide current habitat opportunities, removal of this portion of the woodland will not a significant negative impact on the overall function of the woodland on or adjacent to the property.” 61. Therefore, the proposed development, including the removal of the woodland at the southwest corner of the Subject Lands is consistent with PPS Policy 2.1.5 b) and 2.1.8. Valleylands 62. PPS Policies 2.1.5 c) and 2.1.8 pertains to valley lands restricting development on or adjacent to these lands unless it has been demonstrated that there will be no negative impacts on the valley land or its ecological function. 63. Significant Valleylands are associated with the Welland River directly north of and adjacent to the Subject Lands. The EIS recommends that lands below and adjacent to the top of bank along the Welland River be retained and left to naturalize. To ensure the implementation of these recommendations and consistent with the PPS, the proposed OPA designates these lands as Environmental Protection which prohibits any urban development. Wildlife Habitat 64. PPS Policies 2.1.5 d) and 2.1.8 pertains to wildlife habitat restricting development on or adjacent to these lands unless it has been demonstrated that there will be no negative impacts on the wildlife habitat or its ecological function. 50 Page 257 of 1156 Optimal Use Analysis | 9015 Stanley Avenue, Niagara Falls 19 | P a g e G S P G r o u p I n c . 65. The EIS did not identify any endangered species on the Subject Lands; however, a threatened species (Bobolink) was observed on the Subject Lands. A significant portion of the Subject Lands was identified as potential Bobolink habitat. In order for development to proceed on Subject Lands, the EIS recommend that “the registration process available in Ontario Regulation 242/08 be utilized, and suitable replacement habitat or similar compliance measures be discussed with the Ministry of the Environment, Conservation and Parks (MECP).” 66. To ensure consistency with the PPS, a zoning holding provision should be provided requiring that the suitable replacement habitat or similar compliance measures be provided to the satisfaction of the MECP and the Region of Niagara prior to development. Fish Habitat 67. PPS Policy 2.1.6 and 2.1.8 does not permit development or Subject Lands alteration on or adjacent to fish habitat unless it has been demonstrated that there will be no negative impacts on the fish habitat or its ecological function. 68. The EIS notes that the Welland River directly north of the Subject Lands contains critical fish habitat and recommends a 30m buffer. 69. Consistent with the EIS and the PPS, the lands adjacent to the Welland River are to be designated and zoned as Environmental Protection and require a 30m setback / buffer. Overall PPS Opinion 70. Overall, the proposed development is consistent with the PPS subject to the appropriate provisions being included in the amending planning instruments to provide for the long term protection of the natural features on Subject Lands. A Place to Grow: Growth Plan for the Greater Golden Horseshoe (the Growth Plan) 71. On May 16, 2019 the Growth Plan came into effect and on August 28, 2020 Amendment 1 to the Growth Plan came into effect. The Growth Plan applies to the area designated as the “Greater Golden Horseshoe Growth Plan Area” which includes the entire City of Niagara Falls. All decisions that affect a planning matter must conform to the Growth Plan. 72. The Growth Plan notes that while growth is an important part of vibrant, diversified urban communities and economies, the magnitude of growth that is expected over the coming decades for the GGH presents several challenges including an “increased demand for major infrastructure investments driven by population growth, the need to renew aging infrastructure and continuing infrastructure deficits 51 Page 258 of 1156 Optimal Use Analysis | 9015 Stanley Avenue, Niagara Falls 20 | P a g e G S P G r o u p I n c . associated with unmanaged growth, combined with relatively scarce financial resources, means an ever greater imperative to plan to optimize ex isting assets and make the best use of limited resources by considering full life cycle costs”. Guiding Principles 73. The vision for growth in the Growth Plan is contained in Section 1.2.1 and guided by several principles that provided the basis for guiding decisions on how land is to be developed including: • Support the achievement of complete communities that are designed to support healthy and active living and meet people’s needs for daily living throughout an entire lifetime. • Prioritize intensification and higher densities in strategic growth areas to make efficient use of land and infrastructure and support transit viability. • Provide flexibility to capitalize on new economic and employment opportunities as they emerge, while providing certainty fo r traditional industries, including resource-based sectors. • Support a range and mix of housing options, including additional residential units and affordable housing, to serve all sizes, incomes, and ages of households. • Provide for different approaches to manage growth that recognize the diversity of communities in the GGH. • Protect and enhance natural heritage, hydrologic, and landform systems, features, and functions. • Support and enhance the long -term viability and productivity of agriculture by protecting prime agricultural areas and the agri-food network. 74. The Growth Plan defines “complete communities” as “Places such as mixed-use neighbourhoods or other areas within cities, towns, and settlement areas that offer and support opportunities for people of all ages and abilities to conveniently access most of the necessities for daily living, including an appropriate mix of jobs, local stores, and services, a full range of housing, transportation options and public service facilities. Complete communities are age-friendly and may take different shapes and forms appropriate to their contexts.” 75. In conformity with the objectives of the Growth Plan, the proposed development for either residential or employment purposes represents intensification and an efficient use of land and infrastructure and will support the viability of local transit. The residential development provides a range and mix of housing options while the employment development provides jobs. The long term viability and function of the significant natural heritage resources on and adjacent to the Subject Lands will be protected. Ontario’s agricultural lands base will not be negatively affected as the Subject Lands are not located in a Prime agricultural Area, Candidate Area, or Specialty Crop Area. 52 Page 259 of 1156 Optimal Use Analysis | 9015 Stanley Avenue, Niagara Falls 21 | P a g e G S P G r o u p I n c . 76. Policy 1.6.3 requires the optimal use of existing infrastructure and public service facilities and consideration of opportunities for adaptive re-use before consideration is given to developing new infrastructure and public service facilities. Where and How to Grow 77. Growth Plan Policy 2.1 promotes the achievement of complete communities by optimizing the use of the land and infrastructure. Policy 2.1 notes the importance of optimizing the use of the existing urban land supply as well as the exis ting buildings and housing stock to avoid over-designation of land for future urban development while also providing flexibility for local decision-makers to respond to housing need and market demand. “This Plan's emphasis on optimizing the use of the existing urban land supply represents an intensification first approach to development and city-building, one which focuses on making better use of our existing infrastructure and public service facilities, and less on continuously expanding the urban area”… “To support the achievement of complete communities, this Plan establishes minimum intensification and density targets that recognize the diversity of communities across the GGH.” Managing Growth 78. Growth Plan Policy 2.2 deals with where and how growth should occur. Schedule 3 of the Growth plan includes the Population and Employment forecasts for Niagara Region including a projected population of 674,000 by 2051. In turn, the Region of Niagara is currently undergoing its Municipal Comprehensive Review including a recently completed (June 2022) land needs assessment. As a part of this assessment, housing allocations for the City of Niagara are proposed at approximately 20,210 housing units by 2051 the majority of which are projected to be in the form of single/semi-detached and row (townhouse) units. 79. In conformity with the Growth plan population targets, the intensification of the Subject Lands for residential purposes will assist the City in meeting the provincial population growth targets of the Growth Plan. 80. In conformity with the Growth Plan’s employment forecasts, the intensification of the Subject Lands West for employment purpose will assist the city in meeting the provincial employment growth targets. 81. Growth Plan Policy Section 2.2.1.2 states that forecasted growth will be allocated based on the following: • “the vast majority of growth will be directed to settlement areas that: i. have a delineated built boundary; ii. have existing or planned municipal water and wastewater systems; and iii. can support the achievement of complete communities; 53 Page 260 of 1156 Optimal Use Analysis | 9015 Stanley Avenue, Niagara Falls 22 | P a g e G S P G r o u p I n c . […] c) within settlement areas, growth will be focused in: i. delineated built-up areas; ii. strategic growth areas; iii. locations with existing or planned transit, with a priority on higher order transit where it exists or is planned; and iv. areas with existing or planned public service facilities;” d) development will be directed to settlement areas, except where the policies of this Plan permit otherwise; e) development will be generally directed away from hazardous lands; and f) the establishment of new settlement area is prohibited. 82. In conformity with these policies, the Subject Lands West are located within the built urban boundary of the city and are fully serviced by municipal water and wastewater infrastructure. Future public transit extensions along Stanley Avenue may be supported with the proposed development for either residential or employment purposes. 83. Section 2.2.1.3 c) of the Growth Plan requires the Region to undertake integrated planning to manage forecasted growth to the horizon of the Growth plan to “provide direction for an urban form that will optimize infrastructure, particularly along transit and transportation corridors, to support the achievement of complete communities through a more compact built form”. 84. Section 2.2.1.4 of the Growth Plan states that applying the policies of this plan will support the achievement of complete communities that: a) feature a diverse mix of land uses, including residential and employment uses, and convenient access to local stores, services, and public service facilities; c) provide a diverse range and mix of housing options, including second units and affordable housing, to accommodate people at all stage of life, and to accommodate the needs of all household sizes and incomes. d) expand convenient access to: i. a range of transportation options, including options for the safe, comfortable and convenient use of active transportation; ii. public service facilities, co-located and integrated in community hubs; iii, an appropriate supply of safe, publicly accessible open spaces, parks, trails, and other recreational facilities; and iv. Healthy, local and affordable food options, including through urban agriculture. 54 Page 261 of 1156 Optimal Use Analysis | 9015 Stanley Avenue, Niagara Falls 23 | P a g e G S P G r o u p I n c . e) Provide for a more compact built form and a vibrant public realm, including public open spaces: f) Mitigate and adapt to climate change impacts, improve resilience and reduce greenhouse gas emissions, and contribute to environmental sustainability; and’ g) Integrate green infrastructure and appropriate low impact development. 85. The proposed development for either residential or employment purposes will be planned, designed, designated, and zoned in a manner that supports the achievement of complete communities, supports active transportation, and encourages the viability of transit services. 86. In conformity with the above, the proposed residential development provides a diverse range and mix of housing options; and expands convenient access to trails, parks, and recreational opportunities. The medium density blocks of the proposed development represent a compact form that are interwoven with public open spaces. The proposed development provides an opportunity to expand the residential housing options within the City including singles and townhouses of various sizes. 87. The Growth Plan directs us to optimize the use of the existing urban land supply to avoid over-designating land for future urban development (Policy 2.1). The Growth Plan further directs that urban development “optimize infrastructure, particularly along transit and transportation corridors, to support the achievement of complete communities through a more compact built form”. (2.2.1.3.c)) 88. In conformity with these policies, while both residential and employment uses will utilize existing and planned infrastructure, residential uses will optimize their use as the development density is greater than employment density. Delineated Built up Areas 89. Growth Plan Policy 2.2.2.1 directs that by 2031, and each year afterwards, 50% of all growth within the Regional Municipality of Niagara is to occur in the built-up area (i.e., intensification). Until the next municipal comprehensive review (MRC) is completed by the Region, the established minimum annual residential intensification target of 40% for the City of Niagara Falls remains in effect. 90. In conformity with this policy, each of the proposed residential or employment development options will assist the City and Region achieve their annual intensification targets. 91. The Growth Plan directs Planning Authorities to develop housing strategies that will ensure that forecasted growth can be accommodated, density targets are achieved, and that a mix of housing options be available. 55 Page 262 of 1156 Optimal Use Analysis | 9015 Stanley Avenue, Niagara Falls 24 | P a g e G S P G r o u p I n c . 92. The proposed residential development includes a variety of housing types including single detached dwelling, townhomes and apartments. The lot and unit sizes vary providing variation in housing scale, design and affordability. A mix of freehold, condominium and rental opportunities are contemplated. 93. The Region recently completed its Land Needs Assessment (June 2022) that determines the amount of land required by each area municipality to accommodate 2051 forecasts. The Region identifies a shortfall in the amount of designated urban land in the City of Niagara Falls to accommodate growth to 2051. 94. On March 22, 2022 Council endorsed the second phase of the City’s Housing Directions Study - the City’s Housing Strategy and directed Staff to begin implementation through an Official Plan Amendment including consultation with the community. The Housing Strategy is set out in 21 theme-based actions that include new policy directions, programs and tools that are intended to work together in the short, medium, and long term to help achieve the City’s 40% affordability target for all new built housing. 95. In conformity with the Growth Plan and in support of the City’s Housing Strategy, the proposed residential development will assist the City in achieving its 40% affordability target. The proposed employment development will not. Infrastructure to Support Growth (3.1) 96. Growth Plan is also aligned with the Province’s municipal asset management regulation to improve the way municipalities plan for their infrastructure and includes requirements that promote alignment of planning for land use and infrastructure. Section 3.2 notes that “Significant cost savings can be achieved by ensuring that existing infrastructure is optimized before new infrastructure is built.” 97. The residential use of the Subject Lands West will optimize the use of the existing and planned infrastructure. Integrated Planning (3.2.1) 98. The Growth Plan directs that development and infrastructure planning should be coordinated to ensure the efficient implementation of the plan. 99. The redevelopment of the Subject Lands for residential or employment purposes will require new infrastructure including roads, water and sanitary services, stormwater management and utilities. 100. Integral to the development of the Subject Lands West and adjacent lands to the east or west will be the construction of the Region’s new wastewater treatment facility to the west. This new facility will provide necessary capacity to support future development on the Subject Lands West, as well as other developments in south Niagara Falls. Development of Subject Lands for residential or employment purposes reinforces the public capital to be invested in this facility. 56 Page 263 of 1156 Optimal Use Analysis | 9015 Stanley Avenue, Niagara Falls 25 | P a g e G S P G r o u p I n c . Moving People (3.2.3) 101. The Growth Plan required all decisions on transit planning and investment to be made according to a set of criteria including: “ b) prioritizing areas with existing or planned higher residential or employment densities to optimize return on investment and the efficiency and viability of existing and planned transit service levels;” […] 102. While transit to the Subject Lands West is currently limited, the residential development of these lands as well as the lands on the east side of Stanley Avenue that will tie directly into the Chippewa Community will likely provide greater ridership to sustain future transit levels to the area than employment development would. Moving Goods (3.2.4) 103. Growth Policy 3.2.4.1 and 3.2.4.2 a) state that linking major goods movement facilities and corridors, and employment areas to facilitate efficient goods movement will be the first priority of highway investment and directs transportation providers to “coordinate, optimize, and ensure the long-term viability of major goods movement facilities and corridors.” 104. In conformity with these policies, the future employment lands proposed by the City along the east and west sides of the QEW, further west of the Subject Lands West will better optimize highway investment for the movement of good s to and from the area. The Subject Lands West are located further (east) from the QEW than those lands immediately adjacent to them. In this regard, the use of the Subject Lands West are better suited for non-employment purposes. Moving People (3.2.5) 105. Public transit is the priority for transportation infrastructure and investment in the province. To grow the transit base, the Growth Plan directs transportation investment to areas with higher existing or planned densities and areas that may benefit from improved linkages to neighbouring area. 106. Currently the Subject Lands West are not well serviced by public transit; rather, they are in a service area for transit-on-demand, which is a call-to-book service. This area, including the Stanley Avenue Business Park to the north is separated from the broader context of the City and would benefit from stronger connections to the tourism core, established employment areas, larger commercial service areas, as well as the Chippawa community to the east which contains essential commercial uses, institutional uses and other services. 107. The proposed scale of residential development will assist in providing more viable public transit services to the area in conformity with the Growth Plan. The proposed employment uses would not generate the same ridership demands. 57 Page 264 of 1156 Optimal Use Analysis | 9015 Stanley Avenue, Niagara Falls 26 | P a g e G S P G r o u p I n c . Public Open space 108. Growth Plan Policy 4.2.5 encourages local municipalities to develop a system of publicly accessible parkland, open space and trails. These elements are also promoted in shoreline areas. 109. The proposed residential development includes a public park with potential connections to existing and future trails along the Welland River to the north by providing shoreline access. The proposed employment development likely will not provide connections to trails. 110. Based on the foregoing, it is my opinion that the proposed residential and employment development options generally conform with the Growth Plan policies; however, the residential development optimizes the use of land and infrastructure and better contributes to complete communities as compared to employment development. Region of Niagara Official Plan (ROP) – Current 111. The current and in effect Niagara Region Official Plan (ROP) is the long -range, community planning document that is used to guide the physical, economic, and social development of the Regional Municipality of Niagara. 112. Schedule A – Urban Land Use of the ROP identifies the Subject Lands as being located within the Built-up Area within the City’s Urban Area boundary. 113. Policy 4.G.8.1 directs that built up areas are to be the focus of residential and employment intensification and redevelopment within the Region over the long term. Growth Objectives 114. The ROP includes several growth management objectives including: “Objective 4.A.1.1 Direct the majority of growth and development to Niagara’s existing Urban Areas Objective 4.A.1.2 Direct a significant portion of Niagara’s future growth to the Built-up Area through intensification. Objective 4.A.1.3 Direct intensification to Local Municipally Designated Intensification Areas. […] Objective 4.A.1.6 Build compact, mixed use, transit supportive, active transportation friendly communities in the Built-up Area and in Designated Greenfield Areas Objective 4.A.1.7 Reduce dependence on the automobile through the development of compact, mixed use, transit supportive, active transportation friendly urban environments 58 Page 265 of 1156 Optimal Use Analysis | 9015 Stanley Avenue, Niagara Falls 27 | P a g e G S P G r o u p I n c . […] Objective 4.A.1.11 Prohibit the establishment of new Settlement Areas Objective 4.A.1.12 Direct growth in a manner that promotes the efficient use of existing municipal sewage and water service.” Further, ROP Policy 4.C.4.2 identifies a minimum of 40% of all residential development within the City of Niagara Falls shall be within the Built -up Area. 115. In conformity with these growth policy objectives, the Subject Lands West are located within an existing settlement area within the designated Built -Up area of the Region where intensification – for residential or employment purposes - is intended and targeted for compact, mixed use that is transit supportive. 116. The proposed residential development demonstrates a compact mixed use, transit supportive and active transportation friendly community including a public park. Further, there are opportunities to integrate public transit, cycling infrastructure and pedestrian connectively within and through the Subject Lands West and East. Finally, the residential development optimizes the use of existing services through the extension of municipal sewage and water services through the Subject Lands. 117. Similarly, the proposed employment development is located within an existing settlement area within the designated Built-Up area of the Region where intensification is intended and targeted for compact, transit supportive development. The proposed employment development will make efficient use of existing services through the extension of municipal sewage and water services through the development lands. Population and Employment Forecasts 118. The ROP currently forecasts growth to the 2031 planning horizon. For the City of Niagara Falls, the forecasted population in 2031 is 96,500 persons. 119. The concept plan proposes 333 units on the Subject Lands West. Based on the Region’s persons per unit (PPU) value of 2.5 persons per unit for the year 2021 (Table 4-1), the proposed development could facilitate a population of 832 thereby contributing to the realization of the Region and City’s population forecasts. 120. It is interesting to note that the Region’s 2051 population projects for Niagara Falls identifies a projected population of 141,650 people and 58,110 jobs. Based on these forecasts and updated per unit numbers, the proposed residential development could provide for a population of over 950 persons. In contrast, the employment density projections would still only accommodate 625 jobs. Residential Intensification 121. Policy 4.C.4 of the ROP establishes a residential intensification target of 40% for Niagara Falls with a forecasted growth of 7,805 households from 2006 to 2031 in 59 Page 266 of 1156 Optimal Use Analysis | 9015 Stanley Avenue, Niagara Falls 28 | P a g e G S P G r o u p I n c . the City of Niagara Falls. The proposed residential development will contribute to the City achieving those residential density targets. Employment Areas 122. Directly north of the Subject Lands on the north side of the Welland River is designated “Employment Area” on Schedule G2: “Niagara Economic Gateway Employment lands” known as the Stanley Avenue Business Park. Policy 3.C.3 states: “Where new sensitive land uses are proposed adjacent to or in proximity to employment areas, analysis is required to assess any constraints the introduction of such uses will have on the types of uses which could locate within all or portions of the employment area and/or or on any existing employment uses.” 123. In conformity with this policy, and as part of the process of preparing the residential concept plan, RWDI completed a Land Use Compatibility Assessment. The Assessment concluded that existing and future employment uses north of the Subject Lands will not be adversely affected by the proposed development. 124. In contrast, the proposed employment use of the Subject Lands West will result in compatibility issues for the future residential development proposed to the east which are considered new sensitive land uses. The residential development proposed on the east side of Stanley Avenue will be required to demonstrate that their proposed residential use will not unduly restrict future users to use or expand the employment uses on the Subject Lands West. Natural Environment 125. Section 7 of the ROP provides policy direction on matters relating to natural heritage, hazards and water resources. Schedule C: Core Natural Heritage identifies lands designated “Environmental Conservation” along the Welland River, as well as a portion along the west lot boundary of the Subject Lands. 126. Natural Hazards are defined as “lands that could be unsafe for development due to naturally occurring processes and includes: • Along rivers, streams and small lakes, the land, including that covered by water, to the furthest landward extent of the flooding or erosion hazard limits. • Along the shorelines of Lake Erie, Lake Ontario and the Niagara River, the land,, including that covered by water, to the furthest landward limit of the flooding hazard, the erosion hazard or the dynamic beach hazard limits.” 127. The natural hazard policies of the ROP generally prohibit development within the identified limits of the hazard features. 60 Page 267 of 1156 Optimal Use Analysis | 9015 Stanley Avenue, Niagara Falls 29 | P a g e G S P G r o u p I n c . 128. The adjacent Welland River and its associated flood plain is comprised of steep embankments along the shoreline which equate to a natural hazard. No development will be permitted immediately adjacent to and/or along the shoreline due to these hazards. 129. The EIS prepared by Colville Consulting Inc. requires the continued protection of these lands through the continued designation of these lands for Environmental Conservation purposes in the ROP and through the implementation of appropriate buffers through the zoning by-law. The proposed residential development and environmental protection measures for the Subject Lands conform to the hazard policies of ROP. 130. Overall, the proposed development of the Subject Lands for residential purposes conforms with the current Region of Niagara Official Plan; however, the redevelopment for employment purposes requires further justification to ensure it does not unduly prejudice the future residential development of the lands to the east for residential purposes. City of Niagara Fall Official Plan (NFOP) 131. The Official Plan for the City of Niagara Falls (NFOP) outlines the long-term objectives and policies of the City and is intended to guide growth and development to the year 2031. The population during this period is expected to reach 106,800 with employment for 53,640 people. It is the intent of the NFOP to focus new growth to accommodate these people and jobs in a sustainable way that makes for an orderly and effective use of land and infrastructure, creates compact, livable communities and protects the City’s natural heritage and agricultural lands. 132. As shown on Figure 16, Schedule A—Future Land Use, most of the Subject Lands is designated “Resort Commercial” with a small portion along the western lot line designated “Environmental Conservation Area” and “Environmental Protection Area”. Schedule A-2 of the NFOP includes the Urban Structure Plan which includes the Subject Lands within the Built-up urban area while the lands to the west are within the Greenfield area. Resort Commercial 133. The NFOP states that lands designated “Resort Commercial” have been established as “a land reserve for future large scale travel generators in the form of themed attractions, designation resort development, golf courses, campgrounds, open space and recreation uses.” These lands are to operate at a low intensity and are intended to complement major attractions in the urban commercial districts. 134. Urban residential development as proposed is not permitted within the Resort Commercial designation or either of the Environmental designations. Accordingly, 61 Page 268 of 1156 Optimal Use Analysis | 9015 Stanley Avenue, Niagara Falls 30 | P a g e G S P G r o u p I n c . an amendment to the NFOP is required to permit the proposed redevelopment of the Subject Lands. Strategic Policy Direction 135. Section 2 of Part 1 of the NFOP contains the Growth objectives for the City which include: 1) To direct growth to the urban area and away from non-urban areas. 2) To protect natural Heritage Areas and their functions. 3) To support increased densities, where appropriate, and the efficient use of infrastructure within the built-up section of the urban area. 4) To phase infrastructure and development within Greenfield Areas in an orderly and efficient manner. 5) To meet the targets as established through the Region of Niagara Comprehensive Review. 6) To accommodate growth in accordance with the household, population and employment forecast of the Region’s Comprehensive Review. 7) To achieve a minimum of 40% of all residential development occurring annually within the built up area shown on Schedule A-2 by the year 2015. 8) To develop the Greenfield Areas shown on Schedule A -2 as compact, complete communities with a range of housing types, employment and public transit. 9) To encourage alternative forms of transportation such a walking, cycling and public transit. 10) To plan for an urban land supply for 20 years and to maintain a minimum 10 year supply of land for residential growth through intensification or greenfield development. 11) To provide a supply of serviced land that is capable of providing three years of residential development through intensification and land in draft approved and registered plans of subdivision. 12) To protect prime employment lands for the long term supply of employment in the tourist commercial and industrial designations and to identify the Gateway Economic zone. 13) To develop a transit and pedestrian friendly, sustainable and livable City through the use of urban design criteria and guidelines. 62 Page 269 of 1156 Optimal Use Analysis | 9015 Stanley Avenue, Niagara Falls 31 | P a g e G S P G r o u p I n c . 136. Most of these objectives (1, 2, 3, 5, 6, 7, 9, 10, 11 and 13) can be achieved through the proposed residential development, while objectives 4, 8, 12 and 12 are not applicable as they pertain to Greenfield areas (#4, #8), prime agricultural areas (#12) or prime employment lands (#13) which the Subject Lands does not form a part of. 137. In conformity with Objectives 1 and 2, the Subject Lands are located within the Settlement Area and Built up area of the City and will accommodate forecasted growth with no negative impact on areas outside the urban boundary. The continued designation of the Environmental Projection Areas and implementation of the defined buffers through the zoning by-law, will ensure that evaluated natural heritage features and their functions will be protected for the long term. 138. Objective 3 pertains to supporting increased densities and efficient use of municipal infrastructure and can be achieved through this development. The Subject Lands will accommodate a variety of different housing forms, including varying sizes of detached dwellings, townhouses as well as opportunities for apartment dwellings that will be developed at different densities throughout the Subject Lands. Similarly, the Subject Lands could accommodate increased employment densities. 139. The proposed change in land use designation for either residential or employment purposes may assist in the achievement of Objectives 5 and 6 by creating a new area for Provincial and Regional growth targets to be realized within the City. The Subject Lands are an excellent candidate for residential or employment development as it is proximate to servicing connections, collector and arterial roadways, employment, commercial services, highway access and a future regional hospital. 140. Objective 9 encourages the facilitation of multimodal transportation including public transit and active transportation. The proposed development for residential or employment purposes, combined with the proposed residential development to the east, provides opportunities for the extension of better public transit services, as well as convenient and safe walking and cycling routes. 141. Objective 10 requires the City to ensure a 20 year supply of land for growth, and at a minimum, a 10 year supply of land for residential growth through intensification. The employment designation would assist in achieving the overall growth target, but would not contribute to the required 10 year supply of land for residential growth through intensification. 142. Based on the forgoing analysis, both of the proposed amendments generally conform to the objectives of the NFOP. Built Up Area 143. Section 1.15 of Part 2 contains the NFOP’s Built-up Area policies for Residential uses. These policies apply to the majority of the Subject Lands and provide guidance on density, height, massing, and mix of residential forms. The Table to 63 Page 270 of 1156 Optimal Use Analysis | 9015 Stanley Avenue, Niagara Falls 32 | P a g e G S P G r o u p I n c . follow illustrates how the proposed development for residential purposes address these policies: OP Policy Response 1.15.1 The character of the existing neighbourhoods within the Built-up Area shall be retained. Accordingly, residential development, intensification and infilling shall blend into the lot fabric, streetscape and built form of a neighbourhood. Adjacent existing development to the east is comprised of a golf course. The proposed residential use of the Subject Lands West should take its cues from the adjacent heritage community further to the east comprised largely of single detached dwellings, as well as small scale commercial and institutional uses. The redevelopment of the Subject Lands West and the Subject Lands East provide for development of singles, townhouses and apartments. Therefore, the proposed residential built form is compatible with the NFOP policy. 1.15.2 A gradation of building heights and densities will be encouraged together with sufficient horizontal separation distances between taller buildings and low rise dwellings in order to ensure a complementary arrangement of residential uses. The draft plan ensures that proposed single detached dwellings back onto existing single detached dwellings and that proposed townhouses back onto existing townhouses. In addition, separation distance from existing development is incorporated into the design through the careful integration of public parks and walkways. 1.15.3 Generally, development within the Built-up Area should be at a higher density that what currently exists in the neighbourhood. A harmonious mix of single and multiple accommodation will be encouraged through the Built-up Area so that at any one time a variety of housing types will be available suitable for different age groups, household sizes and incomes. While the overall development is predominantly low density in nature – consistent with the surrounding community – medium density blocks are located throughout the development to ensure a variety of housing types to service various household sizes, incomes and age groups. 1.15.4 The conservation and renewal of the existing housing stock shall be encouraged as an important element There are no existing dwellings on the Subject Lands 64 Page 271 of 1156 Optimal Use Analysis | 9015 Stanley Avenue, Niagara Falls 33 | P a g e G S P G r o u p I n c . OP Policy Response in meeting future housing needs. In addition, the maintenance and rehabilitation of existing housing will be promoted by discouraging unnecessary demolition or conversion to non-residential uses through such mechanisms as demolition control and application of the Maintenance and Occupancy Standards By-law. 1.15.5 Single detached housing is the dominant housing form in existing residential neighbourhoods. Increasing the amount of various types of multiple residential accommodations is encouraged in order to provide for an overall mix of housing within all communities. The inclusion of various housing forms through subdivisions, intensification and infilling shall not be mixed indiscriminately, but will be arranged in a gradation of building heights and densities according to the following policies The proposed draft plan provides opportunities for various forms of townhouse including street, cluster/block and back-to-back townhouses. The draft plan also provides for low rise mixed use apartments to a maximum height of 4 storeys. The medium density blocks are located appropriately along collector roads and have been arranged to ensure a gradation of building heights. (i) Single and semi-detached dwellings, street townhouses, block townhouses and other compatible housing forms are to be developed to a maximum net density of 40 units per hectare with a minimum net density of 20 units per hectare and should generally be located on local or collector roads. New housing forms are to be of a height, massing and provide setbacks that are in character with the surrounding neighbourhood. The proposed single detached dwellings and street townhouses are proposed at a net residential density of 18 units per hectare based on current zoning regulations and in keeping with the character of existing residential development to the east. (ii) Stacked townhouses, apartments and other multiple housing forms with building heights of not more than 4 The townhouse and apartment blocks within the overall draft plan will not exceed the maximum net density of 75 units per Hecate and will achieve 65 Page 272 of 1156 Optimal Use Analysis | 9015 Stanley Avenue, Niagara Falls 34 | P a g e G S P G r o u p I n c . OP Policy Response storeys can be developed to a maximum net density of 75 units per hectare with a minimum net density of 50 units per hectare. Such development should be located on collector roads and designed with a street presence that is in character with the surrounding neighbourhood. In addition, setbacks should be appropriate for the building height proposed and greater where abutting lands are zoned for single or semi-detached dwellings. the minimum density of 50 units per hectare. 144. Therefore, the proposed residential development conforms to the residential built- up area policies of Section 1.15. 145. The NFOP provides specific policy direction for employment lands within the Greenfield Areas (Policy 8.5 to 8.7) and the QEW Employment Corridor (Policy 8.8) noting that the employment development of lands adjacent to the QEW play s a significant role in the economy of the Niagara Region. New Employment growth within these areas is appropriate. Employment development within the Greenfield Areas is subject to Secondary planning to assist in the creation of complete communities at the secondary plan scale and ensure an adequate separation distance is provided between residential and other sensitive land uses and heavy industrial uses. The proposed employment development includes lands within the Built-up Area (Subject Lands West) and the Greenfield Area. However, a secondary plan has not been prepared nor appears to be contemplated for these lands to appropriately address the NFOP policies. Conformity to these policies would ensure the appropriate development of the Greenfield employment lands in proximity to the proposed residential lands within the Subject Lands West and East. 146. However, the Subject Lands West are not located within either the Greenfield Area or the QEW Employment Corridor designation; rather they are located within the Built- up Area. There is limited policy guidance for new employment lands within the Built-up Area beyond ensuring the development is compatible with adjacent development and appropriately zoned. In this regard, the proposed employment lands within the Subject Lands West are proposed for prestige industrial development which does limit the types of permitted uses that could have potential land use conflicts with abutting residential uses. However, the designation of these 66 Page 273 of 1156 Optimal Use Analysis | 9015 Stanley Avenue, Niagara Falls 35 | P a g e G S P G r o u p I n c . lands for employment purposes has not included a D-6 analysis should the Subject Lands East be developed for residential purposes. Therefore, it is not clear whether the proposed employment use is compatible with the adjacent proposed residential development on the Subject Lands East. Transportation Network 147. The City’s transportation corridors are illustrated on the Urban Structure Plan and consist of rail corridors; provincial highways; and the arterial road system. The NFOP’s transportation policies are contained in Part 3, Section 1.5. 148. The draft plan of subdivision for residential development includes local roads accessed from Stanley Avenue (arterial road). The remaining local roads are proposed with a 20 metre right of way to provide for compact urban development in conformity with the NFOP’s road hierarchy policies. 149. The proposed draft plan for residential development has been designed to include an efficient road pattern allowing for appropriate vehicular movement within and through the development with connections to adjacent existing developed areas. The proposed road network does not direct vehicular traffic movement into the natural heritage areas. 150. Development of the Subject Lands West for employment purposes will likely require the approval of a draft plan of subdivision and site plan control at which points the City can ensure conformity with the transportation policies. Active Transportation 151. The following active transportation policy is relevant to the proposed development. 1.5.13 The City will endeavour to achieve connectivity of off -road trails with the goal of creating an inner-City trail system that links residential, employment and recreational areas. 152. The proposed residential draft plan supports active transportation by providing opportunity for multi-use trails and walkways throughout the proposed subdivision, that will help link residential areas to the east of the Subject Lands with employment uses located to the north. 153. The proposed employment development is less likely to provide the extent of the linkages noted above for residential development due, in part, to the uncertainty of the size and scale of the future employment uses. Natural Heritage System 154. The NFOP’s Natural Heritage Plan (Schedule A-1) features the Welland River to the north as a designated Environmental Protection Area (EPA) as well as other EPA and Environmental Conservation Area (ECA) land along the west boundary of the Subject Lands. This Schedule identifies “Adjacent Lands” to these features that 67 Page 274 of 1156 Optimal Use Analysis | 9015 Stanley Avenue, Niagara Falls 36 | P a g e G S P G r o u p I n c . largely occur on the Subject Lands. Pursuant to the NFOP, in order to develop Adjacent Lands to an EPA or ECA, an Environmental Impact Study (EIS) is require d as stated in Policy 11.2.2 below: “In considering the creation of a new lot, a change in land use, or the construction of buildings and structures requiring approval under the Planning Act on lands adjacent to an EPA or an ECA designation, Council will require the proponent to prepare and submit an Environmental Impact Study as outlined in Policies 11.1.17 to 11.1.22. Adjacent lands are illustrated on Schedule A-1 to this Plan, except for areas within the Urban Area Boundary where lots have been developed or have received final approval through a Planning Act process.” 155. In conformity with this Policy, an EIS was prepared by Colville Consulting Inc. and confirms that the proposed draft plan of subdivision can be developed as proposed subject to the inclusion and implementation of appropriate buffers, a s well as habitat restoration. 156. A detailed EIS has not been completed for the proposed employment development of the Subject Lands West to determine appropriate buffers or to confirm habitat restoration. Environmental Protection Areas (EPA) 157. Provincially Significant Wetlands are located west of the Subject Lands and designated EPA. Accordingly, the following policies apply: 11.2.14 Development or Subject Lands alteration shall not be permitted in the EPA designation except where it has been approved by the Niagara Peninsula Conservation Authority or other appropriate authority, for the following: a) forest, fish and wildlife management; b) conservation and flood or erosion projects where it has been demonstrated that they are necessary in the public interest and other alternatives are not available; c) small scale, passive recreational uses and accessory uses such as trails, board walks, footbridges, fences, docks and picnic facilities that will not interfere with natural heritage features or their functions. 11.2.16 A minimum vegetated buffer established by an Environmental Impact Study (EIS) shall be maintained around PSWs and Niagara Pe ninsula Conservation Area Wetlands greater than 2 ha in size. A 30m buffer is illustrated on Schedule A-1 for reference purposes. The precise extent of the vegetated buffer will be determined through an approved EIS and may be reduced or expanded. New development or Subject Lands alteration within the vegetated buffer is not be permitted. Expansion, 68 Page 275 of 1156 Optimal Use Analysis | 9015 Stanley Avenue, Niagara Falls 37 | P a g e G S P G r o u p I n c . alteration or the addition of an accessory use in relation to an existing use within the buffer may be permitted, subject to an approved EIS, where: a) the expansion or accessory use is not located closer to the edge of the PSW than the existing use; and b) the expansion or accessory use cannot be located elsewhere on the lot outside of the designated buffer area. 11.2.17 Endangered and Threatened species are identified through lists prepared by the Ministry of Natural Resources. The Significant habitat of threatened and endangered species are identified, mapped and protected through management plans prepared by the Ministry of Natural Resources and the Committee on the Status of Endangered Wildlife in Canada and all applications made pursuant to the Planning Act within or adjacent to the EPA designation will be circulated to the Ministry of Natural Resources for review. 158. In conformity with the NFOP no residential development is proposed within the EPA and appropriate buffers have been incorporated into the OPA/ZBA documents. However, a detailed EIS has not been completed for the lands further west proposed for employment purposes that include substantial natura l heritage system features. Water Resources 159. The NFOP contains several policies pertaining to development and managing water resources. In conformity to these policies, a Stormwater Management Report was prepared by R.J. Burnside with respect to the residential development of the Subject Lands West and East and demonstrates that the proposed stormwater management pond can appropriately accommodate, manage and treat the stormwater arising from the residential development of the Subject Lands West for residential purposes. 160. At the draft plan of subdivision stage of future employment development, these studies will be required to demonstrate that stormwater management can be addressed on the Subject Lands West. Woodlands and Forestry Resources 161. The Subject Lands West are not heavily forested; however, there are woodlands further west to be considered for employment development. The following policies apply to the wooded and treed areas of the Subject Lands West: 11.1.39 The City recognizes the values and benefits of trees, hedgerows and woodlands to the overall environmental health of the community as well as its visual appeal. The City shall place a high priority on the protection of these features. 69 Page 276 of 1156 Optimal Use Analysis | 9015 Stanley Avenue, Niagara Falls 38 | P a g e G S P G r o u p I n c . 11.1.40 The City shall endeavour to meet forest cover and vegetative buffer targets set through watershed studies and environmental impact studies by including minimum vegetative setbacks from all order streams under the Environmental Conservation Area designation. The protection of land adjacent to woodlands, water features and other natural heritage features by retaining the buffer in a natural state shall also be undertaken through these policies. 11.1.41 All development is to be designed in a sensitive manner having regard to the environmental, social and aesthetic benefits of trees, hedgerows and woodlands through the following: i. The retention and protection, to the greatest extent possible, of the existing tree cover, recognizing its environmental and aesthetic importance. ii. Ensuring efficient harvesting and use of trees that must be removed to accommodate the placement of buildings, structures and roads. iii. The incorporation of land with existing tree cover into the urban area park system, if appropriate. iv. The maintenance and possible enhancement of tree cover along watercourses and on steep slopes, in order to reduce soil erosion and improve water quality. v. Permitting the continued management and selective harvesting of forest resources, where appropriate. vi. The use of native trees in development design. 11.1.42 The City supports the protection of woodlands greater than 0.2 hectares in size and individual trees or small stands of trees on private lands that are deemed by Council to be of significance to the City because of species, quality, age or cultural association from injury and destruction through such means as the Region's Tree and Forest Conservation Bylaw or any similar municipal by-law. 11.1.43 Good stewardship of urban woodlots and forested areas shall be promoted. The location of treed and wooded areas, including those located outside of significant woodlands, are illustrated on Appendix III to this Plan. Where such lands are under private ownership and are contemplated for development, the preservation and maintenance of natural environment conditions will be encouraged to the fullest extent possible. Where deemed appropriate, the City will consider such measures as bonusing, land purchase, transfer of development rights or land exchanges to safeguard important natural areas. 70 Page 277 of 1156 Optimal Use Analysis | 9015 Stanley Avenue, Niagara Falls 39 | P a g e G S P G r o u p I n c . 11.1.44 The City shall encourage the retention of individual trees or stands of trees wherever possible through development applications including Subject Lands plan control, plan of subdivision or vacant land condominiums. A Tree Savings Plan may be requested as a condition of development. 162. In conformity with these polices, the p roposed residential draft plan of subdivision and the recommendations identified through the EIS prepared by Colville Consulting Inc. provide a detailed reviewed of the environmental features on and adjacent to the Subject Lands including wooded and treed areas. The proposed draft plan identifies the preservation of these lands along with appropriate setback/buffers. 163. A detailed EIS will be required prior to the development of any of the lands further west of the Subject Lands West to accommodate employment uses. It is anticipated that this will result in the reduction of the overall area of these lands. Urban Design Strategy 164. The Urban Design policies of the NFOP (Part 3 Section 5) aim to create a compact and interconnected community. The proposed draft plan has a unique opportunity to create this type of complete community on a large scale when combined with the Subject Lands East. Summary 165. To implement the proposed draft plan of subdivision for residential or employment purposes, an amendment to the NFOP is required. The design of the proposed residential draft plan has addressed the natural heritage, transportation, servicing and urban design policies of the NFOP. The detailed design for employment purposes has not yet occurred. 71 Page 278 of 1156 Optimal Use Analysis | 9015 Stanley Avenue, Niagara Falls 40 | P a g e G S P G r o u p I n c . City of Niagara Falls Zoning By-law No. 79-200 and By-law 395 - Willoughby 166. The Subject Lands West are currently zoned Tourist Commercial in Zoning By-law 395 – Willoughby; however, the Tourist Commercial Zone is established in By-law No. 79-225. Uses permitted include a broad range of commercial uses including: an automobile service station; bake shop; bank, trust company, credit union; beer, wine or liquor store; car wash; clothing store; community building; five-in restaurant including a fast food take-out service; drug store; food store; gasoline bar; handcraft store; hotel; motel; office with a maximum rentable floor area of 1,750m 2; personal service shop; post office; private club; recreational uses; restaurant; souvenir store; tobacco store; and trailer camp. 167. To permit the proposed development of the Subject Lands West for residential purposes as contemplated, a Zoning By-law Amendment (ZBA) will be required to include the Subject Lands within Zoning By-law No. 79-200 to facilitate the comprehensive redevelop of the Subject Lands for a variety of residential forms, to ensure environmental conservation, and to provide for a public park. 168. To permit the redevelopment of the City’s proposed Employment lands , a ZBA will be required to include the lands within Zoning By-law No. 79-200 to facilitate their comprehensive redevelop for prestige industrial purposes and to ensure environmental conservation. Development Constraints 169. The key development constraints associated with both the residential or employment redevelopment of the Subject Lands West pertain to protection of natural heritage features and the proximity of employment uses to sensitive residential uses. Planning Overview and Analysis Provincial Policy Statement (PPS) 170. The proposed residential or employment uses have been reviewed against the Provincial Policy Statement. The proposed uses are both generally consistent with the policies found in Subsection 1.1.1 and 1.1.3 of the PPS respecting growth in Settlement Areas as well as Subsection 1.1.3.2 respecting land use patterns within Settlement Areas as set out in this planning justification report. 171. Both the residential and employment use of the Subject Lands West are appropriate examples of intensification consistent with policy 1.1.3.3 as they would facilitate the redevelopment of an underutilized property. The Subject Lands West are contiguous to existing development and situated in immediate proximity to an arterial road, and municipal services which are planned and/or available. 72 Page 279 of 1156 Optimal Use Analysis | 9015 Stanley Avenue, Niagara Falls 41 | P a g e G S P G r o u p I n c . 172. The Subject Lands West are located south of the Stanley Avenue Business Park containing existing industrial uses. In compliance with the provisions of policy 1.2.6 a Land Use Compatibility Assessment was completed for the residential development of the Subject Lands West by RWDI and confirmed that the proposed residential development was well outside the setback limits outlined in the D -6 Guidelines. 173. However, a Land Use Compatibility Assessment has not been completed for employment purposes on the Subject Lands West. Such as assessment is required to determine the impact of the proposed employment land use on the Subject Lands West on the proposed sensitive residential land use on the Subject Lands East. 174. To address PPS Policy 2.1, an Environmental Impact Assessment was completed by Colville Consulting Inc. The Assessment concluded that development could be accommodated on most of the Subject Lands with the exception of the wetlands to the north and southwest, and subject to further study and recommendations regarding bobolink habitat along the west side which would be addressed as a condition of draft plan approval. 175. On this basis, the proposed residential development is consistent with the PPS. Growth Plan 176. The Growth Plan’s main objective is to provide direction in developing communities with a better mix of housing, jobs, and services near each other. The Subject Lands are located within the built-up area. 177. The proposal satisfies Policy 2.2.2 and promotes and facilita tes intensification within the delineated built-up area with an appropriate built-form, height, scale, density and type of development that appropriately complements adjacent land uses. The proposal includes an appropriate transition from existing land use s and provides a variety of built forms. The proposed draft plan of subdivision is intended to reduce dependence on automobile use through its development as a mixed use, transit supportive, pedestrian friendly environment including potential connections to multi- use trails and walkways. The concept achieves the objective to develop as a complete community given the mix of land uses in proximity to an employment area, housing types, high quality open space, and access to existing stores and services through the extension of existing roads to and from the Subject Lands. 178. The Subject Lands are within proximity to lands used for industrial purposes. These employment lands are to be planned for and protected as per Policy 2.2.5.8. Based on the Land Use Compatibility Assessment and recommendation provided in the RWDI Assessment, the proposed development represents an appropriate integration of uses that would protect and preserve current and future uses. 179. The Subject Applications conform to the policies of the Growth Plan. 73 Page 280 of 1156 Optimal Use Analysis | 9015 Stanley Avenue, Niagara Falls 42 | P a g e G S P G r o u p I n c . Region of Niagara Official Plan (ROP) -– Current 180. The ROP is a long-range community planning document that contains objectives, policies and mapping that implement the Region’s approach to manag ing growth, growing the economy, protecting the natural environment and resources, and providing infrastructure. 181. The Subject Lands West are located within an existing settlement area within the designated Built-up Area of the Region. 182. The ROP would allow for residential intensification on the Subject Lands West and the policies support residential intensification on the Subject Lands and purports that this is where it should be in the form of a compact, mixed use development that is transit supportive. The proposed residential draft plan of subdivision demonstrates a compact mixed use, transit supportive and active transportation friendly redevelopment including opportunities for multi-use trail connections to open space areas along the Welland River. The proposed redevelopment makes efficient use of existing services through the extension of municipal sewage and water services through the Subject Lands West and further supports and justifies the significant capital investment for the planned wastewater treatment facility to the west . 183. The importance of the natural heritage features both on and immediately west of and adjacent to the Subject Lands West has been confirmed through the Environmental Impact Statement completed by Colville Consulting Inc. which references the lands to the west as “a larger woodland/wetland complex”. The Impact Statement recommends that the features that occur on the Subject Lands West continue to be designated Environmental Protection (referring to wetlands and watercourses) and Environmental Conservation (referring to woodlands) and that no development be permitted on these lands. These natural heritage system designations and overlays and their associated preservation policies would likely eliminate the development potential of more than half of the land proposed for employment purposes west of the Subject Lands West. 184. This therefore calls into question the appropriateness of the inclusion of the Subject Lands West and the lands further to the west for employment purposes when approximately half is not suitable for employment purposes. 185. Allowing for the residential development of the Subject Lands for residential and mixed use purposes will create a strong population base to support the existing Stanley Business Park to the north, as well as the proposed Employment Area designation of the lands further west that are contiguous to the QEW including the QEW Employment Corridor. The enhanced residential population base further supports future transit investment into the area to these employment areas as well. 74 Page 281 of 1156 Optimal Use Analysis | 9015 Stanley Avenue, Niagara Falls 43 | P a g e G S P G r o u p I n c . 186.RWDI prepared a Land Use Compatibility Assessment for the Subject Lands and the adjacent lands to the east. The study concluded that all the proposed sensitive land uses on the Subject Lands and the lands to the east are well beyond the D-6 minimum setback distances to the proposed residential development. 187.The introduction of new employment uses on the Subject Lands West was not anticipated, nor has it been factored into the redevelopment of the Subject Lands East for residential purposes. While the prestige industrial uses do not include heavy industry, there is no guarantee that sensitive land uses would not be impacted. Further their proximity to future residential lands to the east could restrict their expansion as well as the future residential development to the east. City of Niagara Falls Official Plan (NFOP) 188.In conformity with the NFOP, the proposed residential development of the Subject Lands West has been designed to include an efficient road pattern allowing for appropriate vehicular movement within and through the development with connections to adjacent future development to the east. 189.The Official Plan requires careful consideration of the existing and future noise environment in the surrounding industrial area and requires the evaluation of the impact potential on the proposed residential development. This evaluation has been completed by the RWDI as part of the Land Use Compatibility Assessment . This report concluded that the proposed residential uses were appropriately setback from the Class I, II and III industries to avoid adverse impacts. 190.This same Land Use Compatibility Assessment has not been applied to the Subject Lands in the context of the Subject Lands East being developed for residential purposes and the Subject Lands West being developed for employment purposes. Accordingly, the appropriateness of the employment developm ent of the Subject Lands West has not been justified. 191.The proposed residential development of the Subject Lands West, combined with the residential development proposed for the Subject Lands East represents an overall appropriate expansion to the Chippewa community to the east as a complete community. 192.The proposed residential development supports active transportation by providing opportunities for connections to multi-use trails and walkways, which will help link residential areas to the east of the Subject Lands with employment uses located to the north and potentially west along the QEW. 193.With respect to natural heritage, the Environmental Impact Statement (EIS) was prepared and confirms that the proposed developments can be developed as proposed subject to the inclusion and implementation of appropriate buffers and 75 Page 282 of 1156 Optimal Use Analysis | 9015 Stanley Avenue, Niagara Falls 44 | P a g e G S P G r o u p I n c . potential habitat replacement, as detailed in their report. No development is proposed within the wetlands to the north or the woodland to the west. 194. The requested zoning by-law amendment for the Subject Lands proposes the rezoning of the lands to appropriate Residential, Open Space and the Environmental Protection Area zones. Conclusions and Recommendations 195. It is my opinion that the proposed development of the Subject Lands West for residential purposes is the preferred and optimal use for the following reasons: • The residential use of the Subject Lands West has regard for Section 2 matters of provincial interest of the Planning Act and is consistent with the PPS; • The Growth Plan repeatedly refers to the “optimal” use of land, infrastructure and capital investment. 261’s residential development provides for higher population projections and a more compact and dense form of intensification than the development of employment uses. The residential use of the Subject Lands West provides for the optimization of existing and proposed infrastructure which results in cost savings on existing and proposed infrastructure and transportation facilities; • The development of the Subject Lands West for residential purposes supports the achievement of complete communities as defined in the Growth Plan as “Places such as mixed-use neighbourhoods or other areas within cities, towns, and settlement areas that offer and support opportunities for people of all ages and abilities to conveniently access most of the necessities for daily living, including an appropriate mix of jobs, local stores, and services, a full range of housing, transportation options and public service facilities. Complete communities are age-friendly and may take different shapes and forms appropriate to their contexts.”; • The residential use of the Subject Lands West better responds to the market and Ontario’s affordable housing crisis by providing readily available land to market in the short and mid-term. Therefore, the residential use of the Subject Lands West represents the optimal use of the lands as directed by the provincial Growth Plan, and better supports the achievement of the Region and City’s population and housing targets to the year 2051; • The residential use of the Subject Lands West conforms to the current Region of Niagara Official Plan; and • With the exception of the land use designation, which is proposed to be amended through 261’s Official Plan Amendment application, the residential use of the lands conforms to the current City of Niagara Falls Official Plan where the policy framework recognizes and provides for higher residential 76 Page 283 of 1156 Optimal Use Analysis | 9015 Stanley Avenue, Niagara Falls 45 | P a g e G S P G r o u p I n c . density along an arterial road, with good connectivity throughout the neighbourhood and where the issues of compatibility are addressed. 196. The employment use of the Subject Lands West is not considered an optimal use for the following reasons: • The employment population projections are lower than the residential population projections proposed for the Subject Lands West therefore not representing the optimal use of the lands as directed by the Growth Plan; • The employment use will not assist in providing much needed housing during a provincial affordable housing crisis; • There are extensive natural heritage features on the Subject Lands West – and within the Greenfield Area further west. A detailed EIS has not been completed for these proposed employment lands to date; accordingly, at a minimum, the proposed zoning should have included a holding provision to ensure this is done prior to any development proceeding on the Subject lands West; • Factoring in the extensive abutting natural heritage features west of the Subject Lands West and associated buffers and setbacks, the remaining industrial land is fragmented, and in many cases those fragments are isolated for redevelopment thereby not representing the optimal use of these lands; • While the redevelopment of the Subject Lands West for employment purposes generally has regard for Section 2 of the Planning Act, the City has not had regard for Clause n): “The resolution of planning conflicts involving public and private interests.” 261 submitted its application to the City for the redevelopment of the lands for residential purposes and was not advise d at the pre-consultation phase, or through circulation comments, of the City’s intent to redesignate the Subject Lands West for employment purposes prior to the City dealing with their application; and • The impact of employment development on the redevelopment of the Subject Lands East for (sensitive) residential purposes has not been considered or addressed from a land use compatibility perspective pursuant to the PPS Policy 1.2.6 or the Regional Official Plan. Accordingly, the development of the Subject Lands West for employment purposes could negatively impact the ability to redevelop the Subject Lands East for residential purposes with respect to land use compatibility and the application of the Ministry’s D-6 Guidelines. 77 Page 284 of 1156 Optimal Use Analysis | 9015 Stanley Avenue, Niagara Falls 46 | P a g e G S P G r o u p I n c . 197. Therefore, based on my review of the relevant policies and regulations, the optimal use of the Subject Lands West is for residential purposes and not employment purposes. Respectfully, GSP Group Inc. Brenda Khes MCIP RPP Vice-President, Hamilton P:\21228-2610832 Ontario Inc.-8970 & 9010 Stanley Ave\documents\GSP Planning Justification July 2022.docx 78 Page 285 of 1156 Statutory Public Meeting Official Plan Amendment-Employment Policies Zoning By-law Amendments-Regulations for Employment Lands Tuesday, August 9, 2022 CITY OF NIAGARA FALLS EMPLOYMENT LAND STRATEGY Page 286 of 1156 Project Purpose and Overview •Support Council’s strategic priority of ensuring an adequate supply of accessible industrial and employment lands is available in the right locations •Contribute to a long-term vision and planning policy framework which will enhance the City’s competitive position for industrial and office employment, including other employment-supportive uses in its Employment Areas •Outcomes of the study included: –Long-term land needs analysis –Policy and strategic recommendations –Technical amendments to implement and incorporate recommendations into the City’s Official Plan and Zoning By-law 2 | N i a g a r a F a l l s E m p l o y m e n t S t r a t e g y -O P A a n d Z B A P u b l i c M e e t i n gPage 287 of 1156 Chronology •Early 2020: consulting team retained to complete the Study •September 2020: Phase 1 Report released •April 2021: Phase 2 Report released –Council received the report and directed staff proceed to Phase 3 •June 2021 –Draft amendments prepared and released for public comment –Open house –Statutory public meeting •December 2021: Phase 3 Report released –Council received the report and directed staff to conduct additional consultation on the draft amendments and report back to Council at a later date •July 2022 –Updated draft amendments made available for public review and comment –Notice of second public meeting circulated 3 | N i a g a r a F a l l s E m p l o y m e n t S t r a t e g y -O P A a n d Z B A P u b l i c M e e t i n gPage 288 of 1156 Proposed Official Plan Amendment •Official Plan Amendment –Replace the term ‘Industrial’ with the term ‘Employment’ throughout –Introduces a new Schedule to the Official Plan (Schedule A-7) –Introduces new policies to the Official Plan to address Provincial and Regional matters of conformity –Renumber and reorganize existing policies in the Official Plan –Updates to existing Schedules of the Official Plan to reflect conversions and new employment lands 4 | N i a g a r a F a l l s E m p l o y m e n t S t r a t e g y -O P A a n d Z B A P u b l i c M e e t i n gPage 289 of 1156 Proposed Official Plan Amendment-New Schedule to Align with Region’s Schedule 5 | N i a g a r a F a l l s E m p l o y m e n t S t r a t e g y -O P A a n d Z B A P u b l i c M e e t i n g New OP Schedule Adopted Region of Niagara OP Schedule Page 290 of 1156 Proposed Official Plan Amendment-New Employment Area to be Added 6 | N i a g a r a F a l l s E m p l o y m e n t S t r a t e g y -O P A a n d Z B A P u b l i c M e e t i n gPage 291 of 1156 Proposed Amendments-Employment Lands to be converted 7 | N i a g a r a F a l l s E m p l o y m e n t S t r a t e g y -O P A a n d Z B A P u b l i c M e e t i n gPage 292 of 1156 Proposed Amendments-Employment Lands to be converted 8 | N i a g a r a F a l l s E m p l o y m e n t S t r a t e g y -O P A a n d Z B A P u b l i c M e e t i n gPage 293 of 1156 Proposed Zoning By-law Amendment •Remove lands from By-law No. 395 (Willoughby By-law) and add the lands to Zoning By-law 79-200, applying a Prestige Industrial zone save and except for those areas identified as Environmental Protection and Open Space 9 | N i a g a r a F a l l s E m p l o y m e n t S t r a t e g y -O P A a n d Z B A P u b l i c M e e t i n gPage 294 of 1156 Proposed Zoning By-law Amendments •Apply appropriate zoning to converted lands 10 | N i a g a r a F a l l s E m p l o y m e n t S t r a t e g y -O P A a n d Z B A P u b l i c M e e t i n gPage 295 of 1156 Proposed Zoning By-law Amendments •Apply appropriate zoning to converted lands 11 | N i a g a r a F a l l s E m p l o y m e n t S t r a t e g y -O P A a n d Z B A P u b l i c M e e t i n gPage 296 of 1156 Comments Received •On the most recent circulation, three comments were received as of July 27, 2022. These are summarized in Appendix 3 of PBD-2022-61 •Comments received from the Region relate to revisions required to address conformity to their new Official Plan, which is currently before the Province for approval. These policies can be incorporated into the amendment prior to adoption •Additional comments have been submitted since July 27, 2022 12 | N i a g a r a F a l l s E m p l o y m e n t S t r a t e g y -O P A a n d Z B A P u b l i c M e e t i n gPage 297 of 1156 Revisions to address Regional comments •Identification of Core and Dynamic Employment Areas on Schedule A-7 •Addition of employment density targets for Employment Areas •Clarifications around conversions within Employment Areas •Additional wording for the Special Policy Area designation for 9304 McLeod Road 13 | N i a g a r a F a l l s E m p l o y m e n t S t r a t e g y -O P A a n d Z B A P u b l i c M e e t i n gPage 298 of 1156 Next Steps •Receive input at today’s meeting •Incorporate Regional comments in updated OPA •Forward updated final OPA and ZBAs to Council for adoption at a future meeting •Once adopted, Official Plan Amendment #147 will be forwarded to the Region for approval. •Final approval by the Region is expected to occur subsequent to and in compliance with the approval of the Region's Official Plan by the Province. 14 | N i a g a r a F a l l s E m p l o y m e n t S t r a t e g y -O P A a n d Z B A P u b l i c M e e t i n gPage 299 of 1156 PBD-2022-56 Report Report to: Mayor and Council Date: August 9, 2022 Title: PBD-2022-056 AM-2021-021, Official Plan and Zoning By-law Amendment Application McLeoad Road, East of Alex Avenue (PIN: 644430357) Proposal: 55 Townhouse & 88 Apartment (Stacked Townhouse) Dwelling Units Applicant: 2737826 Ontario Inc. (Avondale Homes, represented by Arshpreet Sekhon) Recommendation(s) 1. That Council approve the Official Plan amendment to place a Special Policy Area on the land to designate the land Residential with a maximum density of 75 UPH; 2. That Council approve the Zoning By-law amendment application to rezone the land a site specific Residential Low Density, Grouped Multiple Dwellings (R4) zone to permit the construction of 55 townhouse and 88 apartment (stacked townhouse) dwelling units, for a total of 143 units; and, 3. That Council repeal By-law 2001-132 from the subject lands. Executive Summary 2737826 Ontario Inc. (Avondale Homes, represented by Arshpreet Sekhon) has requested an Official Plan and Zoning By-law amendment for a parcel of land on the south side of McLeod Road, east of Alex Avenue. The applicant requests the land be redesignated Residential to permit the development of townhouse dwellings and apartment buildings with a maximum density of 75 units per hectare (UPH). The zoning by-law amendment requests the lands be rezoned to a site specific Residential Low Density, Grouped Multiple Dwellings (R4) zone to permit the construction of 55 townhouse and 88 apartment (stacked townhouse) dwelling units, for a total of 143 units. The amendment can be supported by Staff as revised in the report for the following reasons: • The proposed development conforms to and complies with Provincial and Regional policies as it intensifies the use of land within the Built-Up Area of the City, will assist the City in meeting its intensification targets, and will provide additional housing choices for residents; • The proposed development complies with the intent of the City’s Official Plan with respect to the density and built-form anticipated within the McLeod Road Intensification Corridor; and Page 1 of 10 Page 300 of 1156 • The recommended R4 regulations are appropriate to ensure the development will be compatible with surrounding properties. The development will be subject to Site Plan Control. Through this process servicing, grading, landscaping, tree removal, compensation and buffering will be addressed. Background Proposal 2737826 Ontario Inc. (Avondale Homes, represented by Arshpreet Sekhon) has requested an Official Plan and Zoning By-law amendment for a parcel of land on the south of McLeod Road, east of Alex Avenue, totalling 1.9 hectares (4.7 acres), as shown on Schedule 1. The land is designated Tourist Commercial, in part, Minor Commercial, in part and Residential, in part, and is part of the McLeod Road Intensification Corridor, which permits the development of apartment dwellings ranging from 4 to 8-storeys in height and 65 to 150 units per hectare (UPH) in density. The Official Plan amendment is requesting the lands be redesignated Residential to permit the development of townhouse dwellings and apartment buildings, with a maximum density of 75 UPH. The land is zoned a site-specific Tourist Commercial (TC-548) under By-law 79-200, as amended, with site specific regulations that permit the development of a nursing home. The applicant is requesting the land be rezoned to a site specific Residential Low Density, Grouped Multiple Dwellings (R4) Zone, with site specific lot area, front, rear, and privacy yard depth, interior side yard width, lot coverage, parking regulations, and building height regulations, to permit the proposed development. A revised site plan was submitted by the applicant on June 30th, 2022, seen on Schedule 2. The original site plan shown at the Open House can be seen on Schedule 3. The notable changes are the reduction in units from 158 to 143, an increased parking ratio from 1.14 parking spaces per unit to 1.25 parking spaces per unit, and increased privacy yard for townhouse blocks 1-6 along the western property line from 6 metres to 7.5 metres. Site Conditions and Surrounding Land Uses The subject land is located on the south of McLeod Road, east of Alex Avenue, with an area of 1.9 hectares (4.7 acres). The land is currently vacant and the majority of the property is treed; most trees and vegetation will likely be removed from the site to accommodate the development, if approved. To the north are detached dwellings, to the west is a townhouse development under construction, to the south are semi-detached dwellings, and to the east are single detached dwellings and land being developed for townhouses and an 8 storey apartment building. Circulation Comments Information about the requested Official Plan and Zoning By-law amendment was circulated to City divisions, the Region, NPCA, agencies, and the public for comments. The following summarizes the comments received to date: • Regional Municipality of Niagara Page 2 of 10 Page 301 of 1156 o The proposal meets D-6 Guidelines. If approved, a detailed noise study will need to be submitted with a future Vacant Land of Condominium application to identify the on-site mitigation required. o 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. • Niagara Peninsula Conservation Authority o The NPCA has determined that there are no regulated wetlands on the property • Transportation Services o No objections subject to applying the requested 1.25 parking rate • Municipal Works and Parks Design o No objections to the application or requested site specific regulations. Further submission and review of detailed engineering, lighting, landscaping plans, Ontario Building Code review and fire safety measures will occur at the vacant land of condominium (VLC) stage. Cash-in-lieu of 5% parkland dedication, will be payable at the VLC approval stage. Neighbourhood Open House A virtual neighbourhood open house was held on November 15, 2021 and was attended by 1 neighbour, the applicant, the architect, the environmental consultant, and the applicant’s planner. The neighbouring resident expressed the following concerns: • Tree removal • Traffic • Privacy/Separation Staff Response: • The Environmental Impact Study (EIS) concluded that the property does not contain a Provincially Significant Wetland, nor a Significant Woodland. However, the property is subject to the Region’s Woodland Conservation By-law. An exemption will need to be obtained before tree removal can occur. Much of the existing vegetation will likely be removed to accommodate the development. To assist in attaining the City’s tree cover, 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 (1:1 and 3:1) was secured through the Riverfront subdivision draft approval to compensate for the removal of woodlands. The compensation will be further pursued at subsequent site plan or condominium stage. In addition, staff encourage tree preservation and will rely on the tree inventory/compensation plan to be submitted at Vacant Land of Condominium/Site Plan stage to identify those that will be preserved. • Regional Transportation Staff have no objection with the submitted Transportation Impact Study (TIS). The TIS recommended no external infrastructure improvements but do recommend a minor signal timing adjustment at the intersection of Marineland Parkway/Thundering Waters Boulevard & Stanley Ave (north leg) to maximum the efficiency of the intersection. • The rear yard setback for Blocks 1-6 along the western property line of the development have been increased from 6 metres to 7.5 metres to provide better compatibility and separation. Page 3 of 10 Page 302 of 1156 Analysis 1. Provincial Policies The Planning Act requires City planning decisions to conform to the Provincial “A Place to Grow” Plan and be consistent with the Provincial Policy Statement. The proposed development on the land conforms and is consistent as follows: • The proposed development satisfies matters of provincial interest as outlined in Section 2 of the Planning Act; • The proposed dwelling units will assist the City in meeting its requirement to locate a minimum of 40% of all residential development occurring annually with the Built-up Area while providing a range and mix of housing types to the area that will better meet the requirements of residents; and, • The submitted noise study and subsequent peer review conducted by the Region indicate that the proposal complies with the D-6 Guidelines for nearby uses and maintains appropriate levels of health and safety. 2. Regional Official Plan The subject land is designated Urban Area (Built-Up Area) in the Regional Official Plan. The proposed development conforms as follows: • The proposed development of the property will help contribute to the Region’s residential intensification target within the Built-Up Area, • The proposed development will utilize existing municipal services, and • The proposed development will provide an alternative form of housing and offer more options in the neighbourhood to meet the needs of a variety of households, populations, and income groups. 3. Official Plan The subject land is designated Tourist Commercial, in part, Minor Commercial, in part and Residential, in part, and is part of the McLeod Road Intensification Corridor, which permits the development of apartment dwellings ranging from 4 to 8-storeys in height and 65 to 150 units per hectare (UPH) in density. The Official Plan amendment is requesting the lands be redesignated Residential to permit the development of townhouse dwellings and apartment buildings, with a maximum density of 75 UPH. The proposal conforms to the intent of the Official Plan as follows: • The development has a density of 75 units per hectare and a maximum building height of 4.5 storeys, which is permitted by the McLeod Road Intensification Corridor policies and consistent with approved development along McLeod Road; • The proposed setbacks and building heights to surrounding properties are appropriate for the proposed development; and, Page 4 of 10 Page 303 of 1156 • Buildings are proposed close to the street to engage the street frontage per the design policies for apartment buildings. 4. Zoning By-law The land is currently zoned Tourist Commercial (TC-548) under By-law 79-200 as amended by By-law No. 2001-132, with site specific regulations that permit the development of a nursing home. The application requests the land be zoned to a site specific Residential Low Density, Grouped Multiple Dwellings (R4) Zone, with site specific regulations to facilitate the development. On June 30th, 2022 a revised site plan was submitted (see Schedule 2). The revised site plan increased the privacy yard depth for Blocks 1-6 from 6m to 7.5m, reduced the number of units from 158 to 143, and increased the parking ratio from 1.14 parking spaces per unit to 1.25 parking spaces per unit. The departures requested from the standard R4 regulations by the application and revised site plan are summarized in the following table: R4 ZONE STANDARD REGULATION REQUESTED REGULATION Minimum lot area for: A townhouse dwelling An apartment dwelling 250 square metres per unit 200 square metres per unit 134 square metres per unit 134 square metres per unit Minimum front yard depth for: A townhouse dwelling An apartment dwelling 6 metres plus any applicable distances specific in section 4.27.1 of By-law No. 79-200 7.5 metres plus any applicable distances specific in section 4.27.1 of By-law No. 79-200 4 metres plus any applicable distances specific in section 4.27.1 of By-law No. 79-200 3 metres plus any applicable distances specific in section 4.27.1 of By-law No. 79-200 Minimum rear yard depth for: A townhouse dwelling 7.5 metres 6.5 metres Minimum interior side yard width for an apartment building 6.5 metres 3.0 metres Maximum Lot Coverage 35% 40% Page 5 of 10 Page 304 of 1156 R4 ZONE STANDARD REGULATION REQUESTED REGULATION Maximum height of building or structure 10 metres subject to section 4.7 13.5 metres subject to section 4.7 Number of parking spaces per unit 1.4 spaces per unit 1.25 spaces per unit Minimum privacy yard depth for each townhouse dwelling 7.5 metres 7.5 metres to the western interior lot lines 6 metres to the easterly interior lot lines The departures from the standard regulations can be supported for the following reasons: • The lot area reductions will allow for a density of 75 units per hectare that is consistent with the Official Plan. • The reduction to the front yard depth creates a more urban form that provides an engaged street frontage, as contemplated by the Official Plan. • The defined rear yard acts as a side yard for Block 7. Staff support the requested reduction to 6.5 metres as it meets the interior side yard width requirement of 4.5 metres for the proposed townhouses. • The increased lot coverage is supported as private rooftop terraces are provided for amenity space and it permits for a more compact, urban form. • The requested increased height is supported as adequate setbacks are proposed to adjoining uses and no adverse impacts are anticipated. • The proposed parking ratio is supported by Transportation Services staff as parking needs will be met for the proposed development at an appropriate rate. • The requested minimum privacy yard depth is requested at two pinch points behind Blocks 7 and 10 due to the irregular shape of the eastern lot line. The approved neighbouring development has an internal private road behind these blocks and no impacts are anticipated. Staff recommend that By-law 2001-132 be repealed from the subject lands. 5. Vacant Land of Condominium/Site Plan The development will be subject to Vacant Land of Condominium (VLC)/Site Plan Control. At the VLC/Site Plan approval stage, detailed servicing and grading plans, landscape plans and lighting plans will be reviewed and approved. A Tree Inventory and Compensation plan (2:1 ratio) will also be required at this stage. The subject property is subject to the Region’s Woodland Conservation by-law. No tree removal activity should occur on site until a Woodland Conservation exemption is obtained through the development process, or through consultation with the Regional Forester. Operational Implications and Risk Analysis Page 6 of 10 Page 305 of 1156 None. Financial Implications/Budget Impact The proposed development will provide Cash-in-lieu for Parkland Dedication, Development Charges and a new tax assessment to the City. Strategic/Departmental Alignment The proposed development complies with the Diverse and Affordable Housing initiative in that it uses vacant land for a multiple unit development that diversifies housing composition in the neighbourhood. 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: Andrew Bryce, Manager, Current Planning Approved - 29 Jul 2022 Jason Burgess, CAO Approved - 01 Aug 2022 Page 7 of 10 Page 306 of 1156 7 SCHEDULE 1 (Location Map) Page 8 of 10 Page 307 of 1156 8 SCHEDULE 2 (Revised Site Plan) Page 9 of 10 Page 308 of 1156 9 SCHEDULE 3 (Original Site Plan) Page 10 of 10 Page 309 of 1156 Address: South of McLeod Road and East of Alex Avenue Applicant: 2737826 Ontario Inc. Proposal: To facilitate a residential development consisting of apartment buildings and block townhouse dwellings with a total of 143 units Official Plan and Zoning By-law Amendment Application AM-2021-021 McLeod Rd, E of Alex Ave Page 310 of 1156 A GREAT CITY…FOR GENERATIONS TO COME Location PROPOSED DEVELOPMENT Townhouse development under construction Semi- detached dwellings Conrail DrainDetached dwellings Page 311 of 1156 A GREAT CITY…FOR GENERATIONS TO COME Background •The Official Plan & Zoning By-law amendments are for approximately 1.92 hectares (4.74 acres) of land. •The subject land is designated Tourist Commercial, in part, Minor Commercial, in part, and Residential, in part, and is part of the McLeod Road Intensification Corridor, which permits apartment dwellings ranging from 4-8 storeys and 65 to 150 units per hectare. •Applicant has requested approval for an Official Plan amendment to re-designate the land Residential and to permit the development of apartment buildings and townhouse dwellings, with a maximum density of 75 units per hectare. •The subject land is zoned Tourist Commercial (TC-548) which permits the development of a nursing home. •A new site specific Residential Low Density, Group Multiple Dwelling Zone (R4) is requested to permit the apartment buildings and block townhouse dwellings with site specific regulations.Page 312 of 1156 A GREAT CITY…FOR GENERATIONS TO COME Original Site Plan 158 Unit Development Page 313 of 1156 A GREAT CITY…FOR GENERATIONS TO COME Revised Site Plan 143 Unit Development (from 158) 1.25 Parking Ratio (from 1.14) 7.5 metre privacy yard (from 6 metres)Page 314 of 1156 A GREAT CITY…FOR GENERATIONS TO COME Proposed Zoning (R4-XX) Maximum Height 13.5 m (apartment) (Max Permitted 10 m) 1.25 parking spaces per unit (1.4 req’d) Max. Lot Coverage 40% (Req’d 35%) Min Lot Area for a Townhouse & Apartment unit 134 square metres per unit (req’d 250 for townhouse, 200 for apartment)Page 315 of 1156 A GREAT CITY…FOR GENERATIONS TO COME Proposed Zoning (R4-XX) Min. Rear Yard Depth-Townhouse 6 m (Req’d: 7.5 m) Min. Front Yard Depth-Townhouse 4.14 m (Req’d: 6 m) Min. Front Yard Depth- Apartment 3 m (Req’d: 7.5 m) Min. Interior Side Yard Width 3 m (Blk 12) (Req’d: 6.55 m)Min. Privacy Yard Depth-Townhouse 6 m (Req’d 7.5 m) Min. Privacy Yard Depth-Townhouse 6 m (Req’d 7.5 m)Page 316 of 1156 A GREAT CITY…FOR GENERATIONS TO COME Open House –Nov 15 Comment/Concern Staff Response •Traffic •TIS stated no external infrastructure improvements needed, but do recommend a minor signal timing adjustment at the intersection of Marineland/Thundering Waters & Stanley to maximum efficiency •Regional Transportation Staff have no objections with the TIS •Tree Preservation/ Removal •EIS concluded the property does not contain a Provincially Significant Wetland, nor a Significant Woodland. •Much of the existing vegetation will likely be removed to accommodate the development. To assist in attaining the City’s tree cover, staff recommend trees removed be compensated at a 2:1 ratio with the tree plantings on site and on City owned lands •Privacy/Separation •The privacy yard setback for Blocks 1-6 along the western property line has been increased from 6m to 7.5m to provide better compatibility and separation Page 317 of 1156 A GREAT CITY…FOR GENERATIONS TO COME Planning Analysis •The proposal conforms to Provincial, Regional, and meet the intent of Local policies •Staff have no concerns with the requested zoning exceptions •The plan will be subject to Vacant Land of Condominium/Site Plan at which point staff will pursue tree compensation and more technical material will be reviewed Page 318 of 1156 A GREAT CITY…FOR GENERATIONS TO COME Recommendation •That Council approve the proposed Official Plan and Zoning By-law Amendment as outlined in report PBD- 2022-56.Page 319 of 1156 PBD-2022-64 Report Report to: Mayor and Council Date: August 9, 2022 Title: AM-2022-005 Official Plan and Zoning By-law Amendment Application North-east corner of McLeod Road and Kalar Road Being Part 1, 59R-17155, Part of Stamford Township Lot 170 To permit 12 and 13 storey apartment buildings with 483 dwelling units and protect Significant Woodland and Provincially Significant Wetland (PSW) Applicant: The Butera Group Agent: Matt Kernahan (Upper Canada Consultants) Recommendation(s) That Council approve the Official Plan and Zoning By-law amendments as detailed in this report for 12 and 13 storey apartment buildings on the subject lands, in part, and the protection of Significant Woodland and Provincially Significant Wetland (P SW), in part, subject to the regulations outlined in this report. Executive Summary The Butera Group has requested an Official Plan and Zoning By -law amendment to permit the development of 12 and 13 storey apartment buildings with 483 dwelling units. The amendments are 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 meeting its intensification targets, will provide additional housing choices for residents, and will protect the Significant Woodland and PSW; • 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. The Environmental Protection Area (EPA) zone will protect the Significant Woodland and PSW; and, • Public concerns regarding traffic volume and safety were considered by Transportation Services who are satisfied City roads will not be negatively impacted by the proposed development. Page 1 of 12 Page 320 of 1156 Background Proposal The Butera Group has requested an Official Plan and Zoning By-law amendment to permit the development of one 12 storey and one 13 storey apartment building with 483 apartment dwelling units for a parcel of land totaling approximately 2.34 hectares (5.78 acres), as shown on Schedule 1. Schedule 2 shows details of the proposed development and Schedule 3 shows its perspectives. Building A is 6 storeys along Kalar Road with 13 storeys along John N. Allan park. It provides 231 apartment dwelling units. Building B is 6 storeys with a step back before rising to 8 storeys along Kalar Road with 12 storeys along McLeod Road. It provides 151 apartment dwelling units. A total of 610 parking spaces are provided: 88 spaces are provided above grade and 522 parking spaces are provided in two levels below grade. The subject land is designated Residential, in part, which may permit apartment buildings up to 6 storeys in height and a maximum density of 100 units per hectare, and Environmental Conservation Area, in part. The applicant is requesting that the lands be placed under a Special Policy Area designation to permit apartment dwellings with a maximum height of 13 storeys and a maximum density of 207 units per hectare. The subject land is zoned Residential Low Density Grouped Multiple Dwellings (R4-287), in part, and Residential Apartment 5C (R5C-286), in part, under Zoning By-law No. 79- 200, as amended by site specific By-law No. 1991-294. The applicant is requesting that all of the lands be placed under a site specific Residential Apartment 5F Density (R5F) zone to permit a 12 and 13 storey apartment building. Site Conditions and Surrounding Land Uses The subject land is an irregular “L” shape and is vacant with a wooded area and Provincially Significant Wetland (PSW) located in its north east corner. The subject land is bounded by Kalar Road and McLeod Road; John N. Allan park is located to its north; block townhouses and an apartment are located to its east; commercial plazas are located to its west and south; detached dwe llings are located to its north-west; and block townhouses to its south-east. Page 2 of 12 Page 321 of 1156 Circulation Comments • Niagara Region and Niagara Peninsula Conservation Authority (NPCA) o No objections, subject to the Significant Woodland and PSW, and their buffers, being placed in an appropriately restrictive environmental designation and buffer. o The Region has not yet received a copy of the clearance letter from the Ministry of Tourism, Culture, and Sport for the Stage 2 Archaeological Study. The Region indicates that receipt of that letter will be addressed at the site plan stage. o The Official Plan amendment is exempt from Region Council approval. • Enbridge o No objections to the application. • Building Services o Building permits will need to be obtained. Building permit fees and development charges will be assessed during building permit application review. • Business Development, Fire Services, GIS Services, Legal Services, Municipal Works, and Transportation Services o No objections to application or site specific regulations. o Detailed technical review will occur at site plan stage. o Installation of sidewalks will be required as part of future site plan approval. Neighbourhood Comments The neighbourhood open house was held on June 6, 2022, attended by the applicant’s agents with one (1) resident present. In addition, written comments were received from five (5) members of the public who oppose the development. Those opposed express the following concerns: • Increased volume and traffic safety. • Changing character of the residential neighbourhood. • Not an appropriate area for high-rise development. • Destruction of wildlife habitat. • Loss of existing pathway to park. Page 3 of 12 Page 322 of 1156 The following is noted in response: • Traffic volume is within an acceptable level for arterial roads. The proposed Kalar and McLeod driveways are at a safe distance from the signalized intersection. • Shadowing from the proposed development will not affect residential properties after 10:30 am which is reasonable. • The lands south of the subject lands are designated for high density development with heights up to 12 storeys and densities that may exceed 125 units per hectare. It is expected over time this area will transition and develop as a high - rise node. The tallest building abuts John N. Allan park and the placement of the buildings closest to Kalar and McLeod Roads on the site shifts the massing and shadowing impacts away from residential uses. • The woodland and PSW portion of the land is not proposed to be developed. • The pathway used by residents is on private property. Sidewalks provide access to the park. 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 as it is within walking distance to major commercial uses, and effectively uses land and infrastructure; • The addition of rental apartment dwelling units will assist in fulfilling the City’s rental housing demand. It is anticipated that 65% will be 2-bedroom units ranging from 950-1,050 square feet and 35% will be 1-bedroom units ranging from 750-850 square feet. Rental rates would be at market rates and the applicant has indicated that some units are currently expected to be affordable; 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 and ensure the protection of the natural heritage features. Page 4 of 12 Page 323 of 1156 2. Regional Official Plan The subject land is designated as Urban Area (Built-up Area) with the presence of Core Natural Heritage Features (Significant Woodland and PSW) in the Regional Official Plan. The proposal conforms as follows: • The proposed development will contribute to the Regional intensification density target of 40% and the apartment dwelling units will diversify the housing supply, contribute to the creation of a complete community, and effectively utilize municipal infrastructure and urban lands; and, • The Significant Woodland and PSW will be protected through an appropriate environmental designation and zone. 3. City Official Plan The Official Plan designates the subject land as Residential, in part, and Environ mental Conservation Area, in part. Apartment buildings up to 6 storeys in height and a maximum density of 100 units per hectare may be considered on Residential lands. Development is not permitted within the Environmental Conservation Area lands due to the presence of Significant Woodland and PSW. 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 uses and its financial implications. The proposal complies with the intent of the Official Plan as follows: • The proposal is for 12 and 13 storey apartment buildings, with a density of 207 units per hectare. The lands to the south are designated for high density development with heights up to 12 storeys and permissions for densities that may exceed 125 units per hectare. The area is suitable for intensification as a municipal park abuts the site to the north and to the south is a planned high density node; • The apartment buildings maintain a 6 storey presence along Kalar Road to provide pedestrian scale, achieve the 45 degree angular plane, and appropriately transition to the low density residential uses. The greatest height of 13 storeys abuts the municipal park which results in no impacts to residential uses. The construction of 12 storeys along McLeod Road is appropriate and may be mirrored on the opposite side of the street without the need of an Official Plan amendment application. The design of Building B, with its variety of heights, provides visual interest and a positive interface with the intersection; Page 5 of 12 Page 324 of 1156 • Shadowing from the proposed development will not affect residential properties after 10:30 am and will only affect the parking area of John N. Allen park which is reasonable; • Pedestrian level wind comfort levels will remain within acceptable levels on and adjacent to the site. Potentially uncomfortable locations are on-site at the Kalar Road driveway, between the buildings, and at the buildings’ northwest corners. An unsafe area is located at the northwest corner of Building B at the driveway. The driveway is for vehicular use and medians and berms will direct pedestrians to utilize other routes and coniferous trees will be planted on site to reduce wind speeds to levels that are appropriate for pedestrians. Wind mitigation will be reviewed and implemented at the site plan stage; • While the rear yard setback is not equal to the building height, the rear yard abuts the municipal park which provides appropriate separation from residential us es. Trees and landscape plantings will provide a buffer; • The side yard setbacks are in character with developments on an arterial road and provides appropriate setbacks; • Surface parking is provided interior to the site and is screened with the placement of the buildings, perimeter fencing, and landscaping. The majority of parking is provided below grade; and, • There are no issues with infrastructure capacity or the transportation system. The Environmental Conservation Area designation will continue to be applied to the portion of the land containing Significant Woodland, PSW, and their associated buffers. The designation’s extent has been verified by the approved Environmental Impact Study and its refinement will ensure the continued protection of the CNHS features. 4. Zoning By-law The applicant has requested a site specific R5F zone be applied to the entire site to permit the proposed development. The R5F zone permits apartment dwellings. The departures requested from the standard R5F regulations are summarized in the following table: ZONE REGULATION EXISTING REGULATION REQUESTED REGULATION Minimum lot area 57 square metres for each dwelling unit 27,531 square metres 48.65 square metres 23,497.95 square metres Page 6 of 12 Page 325 of 1156 ZONE REGULATION EXISTING REGULATION REQUESTED REGULATION Minimum front yard depth 7.5 metres + 15 metres from the original centreline of McLeod Road 5.25 metres + 16.17 metres from the original centreline of McLeod Road Minimum rear yard depth One-half the height of the building or 10 metres, whichever is greater 25.15 metres Building A: 9.11 metres Minimum exterior side yard width 7.5 metres + 15 metres from the original centreline of Kalar Road Building A: 8.87 metres + 12.11 metres from the original centreline of Kalar Road Building B: 7.74 metres + 12.27 metres from the original centreline of Kalar Road Maximum height of building or structure 28 metres, subject to section 4.7 50.3 metres 13 storeys Number of apartment dwellings on one lot 1 only 2 apartment dwellings Parking requirements 1.4 parking spaces per dwelling unit 676 parking spaces 1.25 parking spaces per dwelling unit 610 parking spaces Minimum manoeuvring aisle surface 6.3 metres 6 metres Minimum landscaped open space area 55 % of the lot area 33% of the lot area, excluding Provincially Significant Wetland and its buffer which is placed under the Environmental Protection Area zone The requested zoning is appropriate as follows: Page 7 of 12 Page 326 of 1156 • The R5F zone is intended to regulate apartment dwellings; • The requested decrease in the R5F regulations for lot area, front and rear yard depth, exterior 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 in minimum lot area is required to permit the proposed density. The subject land provides adequate parking and landscaping. The reduction to the minimum front yard depth is supported as a suitable landscape area is provided along McLeod Road. The reduction to the minimum rear yard depth is supported as the site abuts a public park. The reduction to the exterior side lot width is supported as adequate land is provided for landscaping. The reduction to the minimum landscaped open space is supported as adeq uate landscaping is provided around the buildings for streetscaping and wind mitigation. 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 there are suitable setbacks and the buildings have been designed to minimize shadowing on abutting properties and municipal streets; • The requested increase in the number of apartment dwellings is supported as it is an efficient utilization of urban land; and, • The requested reduction in the parking regulations and manoeuvring aisle surface is supported by Transportation Services staff as an appropriate amount of parking is provided for residents and visitors and the property is on a transit route. Staff recommend that the land designated Environmental Conservation Area be placed under the Environmental Protection Area (EPA) zone. Operational Implications and Risk Analysis No operational implications and risk analysis. Financial Implications/Budget Impact The proposed development will generate development charge contributions, cash-in-lieu of parkland dedication, 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 Written by: Julie Hannah, Planner 2 Page 8 of 12 Page 327 of 1156 Submitted by: Status: Andrew Bryce, Manager, Current Planning Approved - 29 Jul 2022 Jason Burgess, CAO Approved - 02 Aug 2022 Page 9 of 12 Page 328 of 1156 SCHEDULE 1 (Location Map) Page 10 of 12 Page 329 of 1156 SCHEDULE 2 (Site Plan) N Page 11 of 12 Page 330 of 1156 SCHEDULE 3 (Perspectives) Kalar Road McLeod Road Page 12 of 12 Page 331 of 1156 Address: North-east corner McLeod and Kalar Roads Applicant: The Butera Group Proposal: To permit 2 buildings–one 13 storey apartment building and one 12 storey apartment building with a total of 483 dwelling units and protect Signficant Woodland and Provincially Significant Wetland Official Plan & Zoning By-law Amendment Application AM-2022-005 Page 332 of 1156 A GREAT CITY…FOR GENERATIONS TO COME Location PROPOSED DEVELOPMENTDetached dwellings Brookside Village Co-op Commercial Uses Park Page 333 of 1156 A GREAT CITY…FOR GENERATIONS TO COME Site Plan N Page 334 of 1156 A GREAT CITY…FOR GENERATIONS TO COME Perspectives Page 335 of 1156 A GREAT CITY…FOR GENERATIONS TO COME Background •Approximately 2.34 ha (5.78 ac) of land. •Official Plan Amendment –Requesting a Special Policy Area to permit a 12 and 13 storey apartment building with a total of 483 dwelling units (density of 207 units per hectare) •Zoning By-law Amendment –Requesting a site specific Residential Apartment 5F (R5F) zone Page 336 of 1156 A GREAT CITY…FOR GENERATIONS TO COME Proposed Zoning Relief-R5F-XX Min. Lot Area Proposed: 48.65 m2 / dwelling unit Required: 57 m2 / dwelling unit Max. Height of Building 50.3 metres (Permitted: 28 m) # of Parking spaces Proposed: 610 for residential (at rate of 1.25/dwelling) (Required: 676 for residential at rate of 1.4/dwelling) Min. Front Yard Depth Proposed: 5.25 m + 16.17 m (min) to CL McLeod Road Required: 7.5 m + 16.17 m (min) to CL McLeod Road Min. Rear Yard Depth Proposed: 9.11 metres Required: 25 metres Min. Exterior Side Yard Width Proposed: Building B: 7.74 m + 12.27 m from CL Kalar Road Building A: 8.87 m +12.11 m from CL Kalar Road Required: 7.5 m + 15 m from CL of Kalar Rd Number of apartment dwellings on one lot Proposed: 2 Permitted: 1 Min. Manoeuvring Aisle Proposed: 6 m Required: 6.3 m Min. Landscaped Open Space Area Proposed: 33%, excluding PSW Required: 55 % Max. # of apartment buildings on one lot: 2 (max: 1)Page 337 of 1156 A GREAT CITY…FOR GENERATIONS TO COME Open House –June 6 Comment/Concern Staff Response •Traffic •Traffic is within an acceptable level. The proposed driveways are a safe distance from the signalized intersection •Character of the Residential Neighbourhood •Shadowing will not affect residents after 10:30am, which is reasonable •Not an appropriate area for high-rise development •The lands south are designated for high density development. Over time it’s expected this area will transition and develop as a high-rise node. •The tallest building abuts the park and the placement of the buildings are closest to Kalar & McLeod. This shifts the massing and shadowing impacts away from residential uses. •Destruction of wildlife habitat •The PSW and woodland portion of the land is not proposed to be developed and will be further protected with the EPA zone.Page 338 of 1156 A GREAT CITY…FOR GENERATIONS TO COME Planning Analysis •The proposal conforms to Provincial, Regional policies and Local policies. •Staff have no concerns with the requested zoning subject to the land designated Environmental Conservation Area being further protected by rezoning it to an Environmental Protection Area. •Staff support the application as detailed in report PBD-2022-64.Page 339 of 1156 A GREAT CITY…FOR GENERATIONS TO COME Recommendation •That Council approve the proposed Official Plan and Zoning By-law Amendment as modified in report PBD-2022-64.Page 340 of 1156 1 From:Sheila Agnoletto Sent:Thursday, May 26, 2022 1:13 PM To:Julie Hannah Subject:[EXTERNAL]-Lands on the North-East Corner of McLeod Road and Kalar Road Part of Stamford Township Lot 170 Being Part 1, 59R-17155 (Assessment Roll No.: 2725-090-006-00100) Zoning By-law Amendment Application- City File: AM-2022-005 Applicant: The Bu... Follow Up Flag:Follow up Flag Status:Flagged Afternoon Mrs.Hannah My name is Sheila Agnoletto Ilive at Why did we not get a letter in the mail ? But yet the subdivision behind Timmy's Hortons on the corner of Mcleod and Kalar. I feel having more residential at the corner is not a great idea , especially with there driveway being right beside ours . As it is there are times we wait at the end of our driveway sometimes 10 mins to go right . The lines for exit off Mcleod to kalar is right at the end of our driveway. When we are making a left hand turn in our driveway people think we are turning on Kalar . In the pass 4 yrs members of Brookside have been rear ended. One member end up unable to walk without a walker or a wheelchair at times. She also had move into a handicapped unit in a different coop. I called City to discuss the issue Their answer was turn left drive though plaza go around block the blocks are huge with gas at almost 2 dollars a litre that redickless. The exit should be moved up further up there is room to do so or a sign that let'speople know that someone maybe turn left or hidden driveway That are should extend off John Allen Park With all the residential area we need a pool and splash pad . Yours truly Sheila Agnoletto Sent from Yahoo Mail on Android 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 341 of 1156 1 Julie Hannah From:Reg Hodgins < > Sent:Tuesday, May 31, 2022 8:08 AM To:Julie Hannah Cc:karen hodgins Subject:re: Lands on the North-East Corner of McLeod Road and Kalar Road I am writing to you in opposition to this proposal with the proposed application of a 13 storey apartment dwelling ( s ). This is not the area for such a high rise, not only would this have an impact on the " neighborhood " feeling, this would see the destruction of wild life habitant , increase traffic and congestion, and municipal services. I am proposing to this group, to: 1. submit a " drawing " of this area , that would show not only the tower perspectives , but include the immediate surrounding area of the homes and businesses, so that I could: 2. Take this drawing around to the immediate homes and neighborhoods and show them what this intrusion would look like and, 3. I would this committee to wait for and receive a neighbourhood survey/petition that I am willing to conduct from the surrounding area, 4. that would provide this committee feedback. this area is not the spot for such a high-rise proposal. There is plenty of open land kitty corner across the street that could accommodate such a building ( s ) , in fact I believe this area has already been zoned for such , and there is a 3 maybe 4 storey condo building approved to build. I would ask for your feedback and that you grant me permission with regard to the points I have asked for above. You may also reach me on my cell phone, which is Page 342 of 1156 1 From:Reg Hodgins < > Sent:Wednesday, June 1, 2022 8:27 AM To:Bill Matson; Julie Hannah Cc:karen hodgins Subject:Re: Lands on the North-East Corner of McLeod Road and Kalar Road Good morning Bill , Thankyou for your assistance and guidance. One question I do have is the timeline to submit a petition? We just received the " amended" proposal in the mail last Friday May 27th. To put together a formal proposal, gather names, etc..., may take a few days or so, to gather this information. What would be my deadline? Also- not to seem sinical , but....is a petition even going to have an impact on this? I have seen to many times, after a conscientious effort, that a hearing proposal is at times just a formality as the plans of the builder have already been " rubber stamped ". So, I guess what I am asking, am I wasting my time? From: Bill Matson <billmatson@niagarafalls.ca> Sent: May 31, 2022 11:38 AM To: Julie Hannah <jhannah@niagarafalls.ca>; Reg Hodgins < > Cc: karen hodgins < Subject: RE: Lands on the North-East Corner of McLeod Road and Kalar Road Good morning Reg, I have included a link to the City’s web page that explains the process involved with submitting a petition. Click on the link here and scroll down to the lower third of the page to the section “Petitions addressed to City Council” : https://niagarafalls.ca/city-hall/council/delegations-and-appointments.aspx There is no standardized form but you should follow the guidelines listed in the link to the City’s web page. If you have any questions, feel free to contact me. 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: Julie Hannah <jhannah@niagarafalls.ca> Sent: Tuesday, May 31, 2022 11:22 AM Page 343 of 1156 2 To: Reg Hodgins <reghodgins@hotmail.ca> Cc: karen hodgins <karen.hodgins@hotmail.com>; Bill Matson <billmatson@niagarafalls.ca> Subject: RE: Lands on the North-East Corner of McLeod Road and Kalar Road Hello Reg, I have cc’d Bill Matson, City Clerk, to confirm if there is a standardized form for petitions or if you can create one yourself. 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: Reg Hodgins < Sent: Tuesday, May 31, 2022 11:17 AM To: Julie Hannah <jhannah@niagarafalls.ca> Cc: karen hodgins < Subject: Re: Lands on the North-East Corner of McLeod Road and Kalar Road Thank you for the reply Julie- with regard to a petition is there a " standardized " form that I need to obtain, or is it something I can create myself? Please reply all to this email From: Julie Hannah <jhannah@niagarafalls.ca> Sent: May 31, 2022 9:19 AM To: Reg Hodgins < Good morning, Thank you for your comments—I have added them to the file and will provide for Council’s review and consideration. All the material we received as part of this application is available on-line. A petition may be received by the City once you wish to submit it. 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: Reg Hodgins < Sent: Tuesday, May 31, 2022 8:08 AM To: Julie Hannah <jhannah@niagarafalls.ca> Cc: karen hodgins < Subject: re: Lands on the North-East Corner of McLeod Road and Kalar Road Page 344 of 1156 3 I am writing to you in opposition to this proposal with the proposed application of a 13 storey apartment dwelling ( s ). This is not the area for such a high rise, not only would this have an impact on the " neighborhood " feeling, this would see the destruction of wild life habitant , increase traffic and congestion, and municipal services. I am proposing to this group, to: 1. submit a " drawing " of this area , that would show not only the tower perspectives , but include the immediate surrounding area of the homes and businesses, so that I could: 2. Take this drawing around to the immediate homes and neighborhoods and show them what this intrusion would look like and, 3. I would this committee to wait for and receive a neighbourhood survey/petition that I am willing to conduct from the surrounding area, 4. that would provide this committee feedback. this area is not the spot for such a high-rise proposal. There is plenty of open land kitty corner across the street that could accommodate such a building ( s ) , in fact I believe this area has already been zoned for such , and there is a 3 maybe 4 storey condo building approved to build. I would ask for your feedback and that you grant me permission with regard to the points I have asked for above. You may also reach me on my cell phone, which is Page 345 of 1156 Page 346 of 1156 1 From:Mike Russiani < > Sent:Sunday, June 5, 2022 10:57 AM To:Julie Hannah Subject:[EXTERNAL]-Zoning By-law Amendment Application-City File; AM-2022-005 Follow Up Flag:Follow up Flag Status:Flagged Hi there, I'm responding to a Notice of Application redistributed for review and response by local area residents in particular- Brookside Village Co-Op (8175 McLeodRd). I'm writing this without consult with additional parties or members that this would affect or would agree or disagree with this proposal. I've been a member resident here for 7 years and feel my own personal experience and opinion should be voiced with respects to adding additional pressures to already dangerous and congesti ve intersection. This development has the potential of adding harmful and dangerous levels of traffic to our local arena residents and pedestrians alike. Since the increase in the new housing developments in the immediate area, Karlar Road S to Brown Road and McLeod Rd E to Garner Road the intersection (Kalar and McLeod) has taken an immediate stress level that has become "unwalkable" due to increased vehicles. In addition, the increased area traffic with the commercial development of the Niagara Square property and the addition of Costco whose shoppers are using McLeod/Kalar Rd as well. This proposal will put an increased burden to local residents with added noise and congestion right on top basically of this already popular intersection. Please reconsider this development process with the input and understanding that measures and considerations will result in better planning. Sincerely, MIKE R. 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 347 of 1156 1 From:Reg Hodgins < > Sent:Monday, July 18, 2022 2:37 PM To:Julie Hannah; Bill Matson Cc:karen hodgins Subject:re: City File :AM-2022-005 Follow Up Flag:Follow up Flag Status:Flagged Hello Julie / Bill I recently sent an email to you both with regard to this application for amendment. I do realize that the land in question has been zoned residential low density, and with regard to that, although I would like that space to remain as " green " space there probably isn't much anyone can do now to have that reversed. However, I strongly disagree with this proposed amendment. By accepting this revision, you will easily double the traffic and congestion in this area leaving it for the current residents to deal with. ( as more homes continue to go up across the street) Once all said and done, The Butera Group will collect their monies and walk away. They won't care nor be responsible for any issues that they will create by doubling the car traffic and congestion. They will simply pat each other on the back and count their money for another project well done. With the " electronic public meeting " session I am also aware that you will probably only get about a 20% response from the surrounding community. I wish and I hope that it will be greater than that, but I understand that most people have become apathetic to these topics. I assume that most people feel powerless and " what's the point, it's going to happen anyways " and are just tired of fighting the fight. (The timing of this meeting seems to be very inconvenient as well?) And to be honest, I can't blame residents for their lack of enthusiasm as it always seems the burden is put on us, we are the ones that have to support a decision, pro or con. So, let's see if the Butrta Group will actually show some corporate responsibility. Let's see if they want to lead the change. Instead of relying on the residents, I am asking the Butera group to take the lead. They are the ones who want to make the change. Let them conduct a survey of the community. Ask the Butra group to do the leg work, let them conduct a survey of the area to see and get community feedback. Afterall, they want to make this change, so.... do the homework. Don't just rely on the " remote electronic public meeting " entirely, do a complete and thorough study. They want to enjoy in their success...then do the hard work. Please ensure that my message is conveyed, but more importantly, let's get the Butera Group to give us feedback, and if they say no to this proposal, why? And please , this can be done in a covid environment. Page 348 of 1156 2 I realize we are just the small guy in this , but I believe they need to get feedback from the residents from a open face-to-face meeting. Thank you for your time Reg Hodgins Page 349 of 1156 Page 350 of 1156 Page 351 of 1156 1 From:Tom Simunovic < > Sent:Wednesday, July 27, 2022 1:52 PM To:Matt@ucc.com; Julie Hannah; Bill Matson Subject:[EXTERNAL]-Residential lot at NE corner McLeod/Kalar Rd, 483 units Attachments:84DC1B3C-B1DF-4982-81A3-B074AC8A3B51.jpeg Follow Up Flag:Follow up Flag Status:Flagged We would like to register for oral submission on Aug 9, 2:30pm. We live in Brookside Village, 64 townhouses, surrounded on 2 sides by your development, 1 side by wetland and 1 side by McLeod Rd. We use an existing path N of our subdivision, cutting through your land, to access Allan Park, commercial venues, a high school and 2 elementary schools. We would like to retain that right of way, which we did not see on you proposed plan. You need only to leave one exit on the N side of your property (which your tenants will appreciate) + one exit S, to Brookside Village, which would benefit our subdivision. The main idea of our proposal is to eliminate unnecessary driving by making our city more walkable. Pls include that path in your plan. The cost of this path for you is zero, and added security aspect is also zero, being not a gated complex anyway. Sincerely, Tom Simunovic 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 352 of 1156 PBD-2022-67 Report Report to: Mayor and Council Date: August 9, 2022 Title: AM-2021-014, Official Plan and Zoning By-law Amendment Application 6880 Stanley Avenue To permit the development of a podium with a height of 3-5 storeys and 24 metres for tourist commercial uses, a mixed use building with a height of 45 storeys and 190 metres, a mixed use building with a height of 60 storeys and 225 metres, and a residential building with a height of 39 storeys and 145 metres, and to permit vacation rental units as apartment dwelling units. Applicant: 2676555 Ontario Ltd., 2676557 Ontario Ltd., and 2676562 Ontario Ltd. Agent: 3Bridges Properties (Group) Corp. Inc. (Reg Coates) Recommendation(s) 1. That Council approve the Official Plan and Zoning By-law amendment as detailed in this report to permit a podium with a height of 3 -5 storeys and 24 metres for tourist commercial uses, a mixed use building with a height of 45 storeys and 190 metres, a mixed use building with a height of 60 storeys and 225 metres, and a residential building with a height of 39 storeys and 145 metres, and to permit vacation rental units as apartment dwelling units, subject to the regulations outlined in this report. 2. That the amending zoning by-law include a Holding (H) provision to require an updated wind study unless a satisfactory updated wind study is submitted and approved by Staff prior to the amending zoning by-law being presented to Council for approval. 3. That the site plan/condominium agreement include clause(s) that addresses any offsite servicing capacity issues at the sole cost to the development should the Development capacity growth collective any wish ahead advance to of infrastructure initiatives. 4. That the passage of the amending by-laws be conditional on the execution of a amendment to the existing Section 37 agreements to secure capital facilities contribution based on 5% of the construction value of the net floor areas above 30 storeys. Page 1 of 53 Page 353 of 1156 Executive Summary 2676555 Ontario Ltd., 2676557 Ontario Ltd., and 2676562 Ontario Ltd. have requested an Official Plan and Zoning By-law amendment to permit the development of a podium with a height of 3-5 storeys and 24 metres for tourist commercial uses, a building with a height of 45 storeys and 190 metres with 254 dwelling units and 250 hotel rooms, and a building with a height of 60 storeys and 225 metres with 362 dwelling units and 258 hotel rooms, and a building with a height of 39 storeys and 145 metres with 404 apar tment dwelling units, and all apartment dwelling units may permit vacation rental units on the subject lands. The amendment is recommended, subject to the holding provision requiring the submission of an updated wind study, for the following reasons: • The proposed development is a modification to an approved high rise development that conforms to Provincial, Regional, and City policies as it intensifies land within the Built-Up Area, provides compatible tourist employment uses with residential uses, increases opportunities for cross-border tourism within the Gateway Economic Centre Area, and enhances the vitality and viability of the Fallsview Subdistrict of the Central Tourist District; • The proposed Official Plan and Zoning By-law amendment will maintain tourist commercial and residential uses in an area designated to permit high -rise development. The modest increase in permitted height will not create additional shadow impact from the existing permissions and its design meets applicable architectural guidelines; and, • The amendments to the Tourist Commercial zones maintain appropriate regulations for the proposed uses and ensures the modifications to the proposed development will be compatible with surrounding properties. Background Proposal 2676555 Ontario Ltd., 2676557 Ontario Ltd., and 2676562 Ontario Ltd. have requested an Official Plan and Zoning By-law amendment for 3 parcels of land totaling approximately 3 hectares (7.4 acres) as shown on Schedule 1. Existing Approvals The existing development approvals on the land (OPA90, OPA101, Zoning By -law Nos. 2012-81 (north parcel), 2012-80 (central parcel), 2012-82 (south parcel), and lifting of Holding (H) provision Zoning By-law Nos. 2013-108, 2013-109, and 203-110) permits: • Hotels and residential condominium units; Page 2 of 53 Page 354 of 1156 • A maximum podium height of 5 storeys and 21 metres; • Maximum tower heights of 42, 57, and 32 storeys (refer to Table 1); • Establishes dimensions and separation distances between towers and lot lines; • Requires all required parking on-site below grade or within the podium; and, • Establishes minimum landscape open space area to protect the lawn east of the existing building. Section 37 agreements are on each parcel’s title that requires: • The designation of the former Loretto Academy building and lawn east of the existing building under the Ontario Heritage Act to ensure their preservation at the time of issuance of the first Building Permit for any of the parcels; • The requirement for a Heritage Conservation Plan to ensure the former Loretto Academy’s heritage features are protected; • Streetscaping improvements along Stanley Avenue; and, • Capital Fund Contributions towards: Portage Prospect (proposed plaza at the top of the incline railway), Livingston Outlook (at Fallsview Avenue and Livingston Street), Millennium Trail, West End Fire Hall, proposed bus terminal on Stanley Avenue, walkway located to the eastern boundary of the lands, and improvements to the Niagara Falls Convention Centre. Current Proposal The proposed mixed use development will have a 3-5 storey podium that extends across all of the parcels with a high rise tower on each parcel. The table below outlines the proposed total height of the podium and tower for each parcel and how it differs from current approvals. Current Approval Proposal Difference North Parcel 141 metres and 42 storeys 190 metres and 45 storeys 49 metres and 3 storeys Central Parcel 197 metres and 57 storeys 225 metres and 60 storeys 28 metres and 3 storeys South Parcel 118 metres and 32 storeys 145 metres and 39 storeys 27 metres and 7 storeys A total of 1,030 apartment dwelling units and 508 hotel rooms (in the north and central parcels) are proposed. The applicant requests vacation rental units be permitted for all of the apartment dwelling units. In addition, there will be 17,873 square metr es of retail/commercial, restaurant, and assembly space (within the former Loretto Academy). Through design revisions, and in consultation with the City, a greater portion of the lawn east of the existing building is being retained, the podium has bee n set back from the Page 3 of 53 Page 355 of 1156 former Loretto Academy’s east frontage to greater highlight its architectural significance, the south parcel’s building has been set back further from Our Lady of Peace Church to be sensitive to the institutional use, and a 5 metre setb ack from the southern lot line of the south parcel, measured 85 metres from the rear lot line, is provided for all above and below grade structures from the abutting cemetery. The placement of the podium and towers on the site reflects the existing sitin g of the former Loretto Academy and its continuing presence on the property as well as being mindful of the abutting cultural heritage built and landscape features (Our Lady of Peace Church, Mount Carmel Centre, and Queen Victoria Park). Minimal parking is proposed at grade to preserve the lawn east of the existing building and provide appropriate landscaping between the south parcel’s building and Our Lady of Peace Church. The remainder of the required parking will be provided below grade. Schedule 2 shows details of the proposed development and Schedule 3 shows its perspectives. The subject land is designated Tourist Commercial and is subject to Part 2 Section 4 Policy 4.6.11(d). The applicant is requesting to amend the Policy to have a 3-5 storey, 24 metre podium; maximum heights of 45 storeys for the north parcel’s tower, 60 storeys for the centre parcel’s tower, and 39 storeys for the south parcel’s tower; and supply all required parking on-site, at grade, and in parking structures. The subject land is currently zoned Tourist Commercial (TC-952, TC-953, and TC-954) under Zoning By-law No. 79-200, as amended by By-law Nos. 2012-81, 2012-80, and 2012-82 that respectively permit a 42 storey, a 57 storey, and a 32 storey, hotels or residential towers. The applicant is requesting new Tourist Commercial zones be applied to the 3 parcels to amend the TC-952, TC-953, and TC-954 zones to facilitate the revised development concept. Site Conditions and Surrounding Land Uses The subject land is relatively flat and contains the 4 storey former Loretto Academy building and manicured grounds with some scattered trees. To the north, is the 36 storey Marriott on the Falls hotel, to the east is Queen Victoria Park, to the west is the Niagara Falls Convention Centre, and to the east is Our Lady of Peace Church and the Mount Carmel Centre. Page 4 of 53 Page 356 of 1156 Circulation Comments Information about the requested Official Plan and Zoning By-law amendment was circulated to City divisions, the Region, Niagara Parks, agencies, and the public for comments. The following summarizes the comments received to date: • Regional Municipality of Niagara o No objections to the application. o Detailed technical review will occur at site plan stage. o A 10 metre by 10 metre daylight triangle is required on the southeast corner of Livingston Street and Stanley Avenue. o At the site plan stage, the Region will review landscape plans to ensure an appropriate amount of landscaping is provided along Stanley Avenue. • Niagara Parks Commission (NPC) o No objects to the application. o Mediation to cultural heritage attributes of the Niagara Parks Power Station (former Canadian Niagara Power Station), such as tre e plantings on NPC lands that will provide a treed background to the Power Station roofline, and façade treatment to be addressed at site plan stage. • Ontario Power Generation (OPG) o No objections to the application. o Geotechnical report to be provided to OPG for review and comment prior to issuance of Building Permit. • Enbridge o No objections to the application. • Building o All required Building Permits and Demolition Permits to be obtained prior to commencement of any construction/demolition. Review of plans for spatial separation- fire protection, Geotechnical report, and Wind Loading Analysis Modelling report to occur upon Building Permit(s) application. • Business Development, Fire, GIS, Legal, Municipal Works, Transportation Services o No objections to the application or site specific regulations. o Detailed technical review will occur at site plan stage. o A 3.05 metre road widening is required along the extent of the subject lands on Livingston Street. o A 5 by 5 metre daylight triangle is required on the southwest corner of Livingston Street and Fallsview Boulevard. Page 5 of 53 Page 357 of 1156 o Easement agreements to enable reciprocal access across the three parcels will be required at site plan stage. o Municipal Works requires the future site plan/condominium agreement include clause(s) that addresses any offsite servicing capacity issues at the sole cost to the development should the Development wish to advance ahead of any collective growth capacity infrastructure initiatives. There are cumulative impacts of recent developments that have created infrastructure capacity issues that may need to be addressed. The City is advancing a South Tourist Area Servicing Strategy (2023 targeted) to study and determine infrastructure capacity solutions. The Strategy will address future development opportunities in the area as well as identify possible Development Charge related projects. o Transportation Services supports a 1.20 parking spaces per unit rate for the residential uses, the use of Tourist Area Parking Standards for hotel and ancillary retail uses, and 2 parking spaces per vacation rental unit rate. Shared parking may occur with the spaces allocated for re sidential visitors, retail, and hotel uses. • Municipal Heritage Committee o No objection to the application. o Detailed review will occur at site plan stage. o Conservation Heritage Plan to discuss interior and exterior elements and inform identified heritage attributes and their preservation. Neighbourhood Comments A neighbourhood open house was held on October 12, 2021 and was attended by the applicant, applicant’s planners and consultants, and five (5) members of the public. Residents inquired as to the hotel operator, the contractor and timing, expressed concerns for future hotel labour conditions, and asked the process if undocumented graves are found. In response, the hotel operator has not been finalized, the project is expected to commence as soon as possible, archaeological assessments have been completed and there are no archaeological concerns, however, if undocumented graves are found work on the site will cease and notification will be given to the Ministry of Tourism, Culture, and Sport and the Niagara Regional Police. No written comments have been received. Page 6 of 53 Page 358 of 1156 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 outl ined in Section 2 of the Planning Act; • The redevelopment and intensification of the site minimizes land consumption and servicing costs in a manner that will sustain the financial well-being of the Province and City over the long term; • The residential units will add to the diversity of housing options for residents, and will assist the City in meeting its intensification target within the Built-up Area; • A Stage 4 Archaeological Clearance Letter has been issued by the Ministry of Tourism, Culture Industries (MHSTCI) indicating there are no archaeological concerns on the land; • The Section 37 Agreements require the former Loretto Academy to be designated and the preservation of the lawn east of the existing building. The Heritage Impact Assessment provides guidance for heritage preservation and mitigation measures for the cultural heritage built and landscape features on and abutting the lands that will be implemented at the site plan stage. In addition, a Heritage Conservation Plan is required to be submitted prior to the Building Permit issuance at the site plan stage; • The development incorporates compatible employment uses catering to the tourist sector that support a liveable and resilient community; • It will support increased opportunities for cross-border tourism within the Gateway Economic Centre Area; and, • The recommended regulations will facilitate the redevelopment of land in a manner that will maintain appropriate levels of public health and safety. 2. Regional Official Plan The subject lands are designated Urban Area (Built-up Area) in the Regional Official Plan. The proposal conforms to the Regional Official Plan as follows: • The proposed development is compact, is transit supportive, and is within an existing Urban Area where intensification is directed; • It will contribute to the Regional intensification density target of 40% and the apartment dwelling units will diversify the housing supply, contribute to the creation of a complete community, and effectively utilize municipal infrastructure and urban lands; and, • The hotel and retail/commercial uses will support economic diversity and promote increased opportunities for tourism within the Niagara Economic Gateway Zone. Page 7 of 53 Page 359 of 1156 3. City Official Plan The subject lands are designated Tourist Commercial in the City’s Official Plan and are located within the Fallsview Subdistrict of the Central Tourist District. The subject land has existing planning approvals that permit the development of three hotels and/or residential buildings, with building heights of 42, 57, and 32 storeys, in exchange for the retention, conservation and/or restoration of the former Loretto Academy building and conservation of the lawn east of the existing building. The applicant is requesting that the site specific policy be amended to permit a maximum building height of 45 storeys for the north parcel’s tower, 60 storeys for the central parcel’s tower, 39 storeys for the south parcel’s tower, and a podium of 3-5 storeys and 24 metres. The proposed development is within an area where developments may be permitted to have a height of up to 30 storeys. Heights greater than 30 storeys can be considered through an Official Plan amendment provided it is demonstrated that no significant adverse impacts are created and the proposal complies with the built form design criteria. Matters other or Falls the of views on encroachments shadowing, as such the landowners; and wind impacts at the street level are to be addressed. 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 uses and its financial implications. The proposal complies to the general objectives of the Official Plan as follows: • The proposal is for 45, 60, and 39 storey towers, containing 1,030 apartment dwelling units, at a density of 343 units per hectare, 508 hotel rooms, and retail/commercial uses in an area where high-rise buildings are directed to, and the area is suitable for intensification. The proposal is for a modest increase in height from current planning approvals; • The development will adaptively reuse the former Loretto Academy building and preserve the lawn east of the existing building. The towers are appropriate ly set back from the top of the podium and from property lines, their separation distances and off-set placement reduce their visual impact, and provides for privacy and views. Parking is minimized at grade and will be screened. The majority of parking is provided below grade to allow for a greater landscaped open space area; • The buildings have been designed to add interest to the Niagara Falls skyline; • The design of the podium, the at-grade commercial uses, and streetscape improvements will improve the pedestrian experience and physical setting of Livingston Street and Stanley Avenue; Page 8 of 53 Page 360 of 1156 • It will provide opportunities for tourism development and the residential dwelling units will enhance the vitality of the area in the off and shoulder seasons which will support the creation of a complete community; • The heritage impact study was satisfactorily peer reviewed. A conservation plan is required at site plan and the former Loretto Academy is required to be designated prior to the first building permit issuance as outlined in the executed Section 37 agreement; and, • The required shadow, wind, transportation, environmental impact, and archaeological studies as required by current policies were submitted and there are no concerns with their findings with the exception of wind which requires the holding (H) provision in place until all wind concerns are appropriately mitigated. The Official Plan amendment application proposes to address the following: increasing the height of each tower; reducing the podium height to reflect the current design; removing the tower floor plate provisions as the proposal meets the Tourist Area Guidelines; removing the tower separation requirements as the proposal exceeds the previous requirements; removing the length to width ratio as rectangular buildings are not proposed; and, revising the parking location wording. The proposed amendments from the site specific policies are summarized in Appendix 1. The following requested amendments to the site specific policies can be supported for the following reasons: • The proposed heights of the towers in the current design are a minor increase from the previously approved heights. The central tower remains the highest of the three with the south tower, closest to Our Lady of Peace Church and Mount Carmel Centre, having the lowest height. The variety of the tower heights creates a distinctive skyline which complies with the Tourism Policy Review guidelines; • The proposed podium is at a compatible height with the former Loretto Academy, Our Lady of Peace Church and the Mount Carmel Centre. The 3 metre increase is required to capture the slope differential on the land-- 21 metres is the height of the podium on the north parcel and 24 metres is the height of the podium on the south parcel; • The tower setbacks from municipal streets and abutting properties are appropriate, the placement of the towers exceeds the minimum separation distance, and the floor plate sizes above the podium comply with the Tourism Policy Review Guidelines; and, • The current design provides minimal at-grade parking to allow for greater open space landscaping on the subject land. The ma jority of the required parking is provided through an underground parking structure. Page 9 of 53 Page 361 of 1156 4. Architectural Design Review All building proposals in the Tourist Commercial area greater than 10 storeys are subject to an Architectural Design Review process. The applicant’s architect submitted an Architectural Design Brief that evaluates the project’s conformity to the 7 principles contained in the City’s Tourism Policy Review Implementation Handbook. Staff have reviewed the Brief and note the following: Principle 1 – Positive Building Base This principle states that a positive base interface between the building and street elements is achieved through built to lines, setbacks, edge treatments, weather protection, transparency, proportion and scale. In order to preserve and integrate the former Loretto Academy building into the proposed design the podium is set approximately 40 metres away from Stanley Avenue. The podium is three-five storeys in height to be in scale with the former Loretto Academy building and the neighbouring Our Lady of Peace Church and Mount Carmel Centre. The podium is built to the edge of Livingston Street and has a canopy over the podium’s full extent which provides weather protection to the Livingston Street entrance and t hree entrances off Stanley Avenue. The canopy was extended on the south parcel to mitigate wind concerns in addition to the south tower which overhangs the podium. Retail and commercial uses along with the hotel and residential lobbies are proposed on the ground level of the podium. As the exterior of the podium consists of clear glazing, the functions across all three floors will enliven the adjacent public realm. The undulating façade is dynamic and organic which adds to the visual variety of the public realm experience. While minimal at-grade parking is proposed along Stanley Avenue, deciduous plantings will screen the parking lot and frame the public realm. A sheltered drop-off location for residents and guests is integrated into the architectural design on Stanley Avenue. Principle 2 – Public Realm at Grade This principle states that achieving an upgraded pedestrian environment is done through high quality streetscape, planting, furniture, and signage. There is an existing Section 37 agreement that will result in streetscape improvements for Stanley Avenue. As a result of required road widening, there is not the opportunity for landscaping along Livingston Street. Page 10 of 53 Page 362 of 1156 At site plan stage, features, such as landscaping, special paving, and streetscape amenities (i.e. benches and bike racks) will be reviewed and approved in accordance with the Streetscape Masterplan (adopted by Council, 2001). Principle 3 – Skyview This principle states that maximum sky, light, and air transparency occurs with buildings that have adequate spacing and mass to avoid a feeling of a wall of development. The towers’ curved, concaved, and convexed design reduces mass and provide a more organic, dynamic and innovative design to the built form. The design is intended to mimic the Falls. The different tower heights provide interest and prevent a slab wall effect. The towers are set back from the podium except for the balconies and observation decks that protrude beyond the podium at different locations on the 3 towers. The distance between the towers exceeds 25 metres. More than 12.5 metres is provided to the south lot line and the 2.5 metre separation distance from the upper portion an d 1 metre from the middle portion to the north lot line, rather than the 3 metres required is being considered as encroachments as the majority of the tower maintains the 3 metre setback in the current Official Plan amendment application. The proposed tow ers have floor plates that are less than 1,115 square metres. Staff are supportive of the proposed tower locations and floor plates as there are no negative impacts on the public or private realms. At the site plan stage, details of the building’s cladding will be reviewed to ensure glazing materials meet the Design Guidelines. Principle 4 – Skyline Height This principle states that the taller the building the greater the emphasis should be on slenderness and achieving a visible skyview between tower s. The building is located within the Fallsview Subdistrict of the Central Tourist District where buildings to a maximum of 30 storeys in height is permitted. The development will not increase the existing impact that the approved proposed development designs has on Queen Victoria Park. The tallest tower is the central tower which is located the furthest away from the moraine and the neighbouring properties to the north and south. The shortest tower is located nearest to Our Lady of Peace Church. In addition, the towers reduce in scale as they rise upward which creates the appearance of point towers. The undulating façade is topped with a glass roof feature. It is proposed to have evening lighting travel upward on the building and onto the roof fe ature to emphasize the slenderness of the design and provide nighttime interest. Page 11 of 53 Page 363 of 1156 At site plan stage, the specific details of the roof-feature will be determined to ensure that it will add a distinctive and interesting feature to the skyline. Principle 5 - Views and Vistas This principle seeks to maintain or enhance visual connections to the Falls and across the border and avoid obstructing valuable views. The Skylon Tower is to remain a signature feature of the skyline. The skyline views from the Falls and border are maintained by the variety in design and size of the towers and their compact floor plate. The proposed towers have an innovative design, distinctive roof feature, and the observation decks are oriented towards the Falls, contributing to an internationally recognizable skyline. The development is located about 600 metres from the Skylon Tower and will not compete with its ability to remain a signature on the skyline. Further, the podium and towers are set back further from the morain e than the existing hotels on Fallsview Boulevard. Principle 6 – Microclimate This principle seeks to implement design measures that will maximize comfort, enjoyment of the public realm, and minimize impacts on adjacent properties through shadow, wind, and snow. The Shadow Study illustrates the shadows move quickly around the site with no impact on residential neighbourhoods. Shadowing on the Convention Centre occurs for several hours in the morning prior to the shadow extending onto the moraine for the afternoon. The shadowing on the moraine mirrors the shadowing patterns from the existing high -rise Fallsview hotels. At least 5 hours of sunlight is provided for in Queen Victoria Park. While Livingston Street is heavily shadowed, it is noted that the existing permissions would result in the same shadowing patterns. The Wind Study, by RWDI, found the proposed development’s design and tower locations create uncomfortable and unsafe locations around Livingston Street and between the south side of the podium and Our Lady of Peach Church. Revisions to the proposed design have extended the proposed canopy to mitigate wind concerns. A holding (H) provision is being applied to the land to require an updated wind study be submitted that will ensure appropriate wind mitigation measures are implemented to mitigate any unsafe conditions. Page 12 of 53 Page 364 of 1156 The Mist Dispersion Study, by RWDI, indicates that the proposed development will not have a significant impact on mist dispersion due to its distance from the Falls and from the existing wall of tall buildings further north in the Fallsview area. Principle 7 – Parking and Circulation This principle seeks to reduce the visual impact of parking lots and traffic impacts caused by remote parking lots by containing parking on-site in garages. All parking associated with the proposed development is provided on -site both at grade and underground. At grade parking will be screened with landscaping. 5. Zoning By-law The applicant has requested for three new Tourist Commercial (TC) zones to amend the TC-952, applied to the northern parcel (refer to Appendix 2), TC-953, applied to the central parcel (refer to Appendix 3), and TC-954 (refer to Appendix4), applied to the southern parcel, zones to permit the proposed development. The TC zone permits hotels, restaurants, retail, and residential uses. The departures requested for the three new TC zones to amend the TC -952, TC-953, and TC-954 zone regulations are discussed below and are listed within Appendixes 2-4. Permitted Uses Staff note that 3 dwelling units are proposed at-grade on the southern parcel. The amending zoning by-law will need to permit 3 dwelling units at grade and specify that they are located at the rear of the building with entrances from the eastern façade. In addition, as vacation rental units are being proposed to be permitted within dwelling units, the amending by-laws should capture the proposed use. Interior Side Yard Width EXISTING REGULATION PROPOSED REGULATION North Parcel (TC-952) 4.3 metres (south lot line) 0 metres (south lot line) Central Parcel (TC-953) 17.5 metres (north lot line) 8.3 metres (south lot line) 0 metres (north & south lot line) South Parcel (TC-954) 0 metres (north lot line) North lot line: 0 metres South lot line: Page 13 of 53 Page 365 of 1156 0 metres, save and except 5 metres, measured 85 metres from the rear lot line, for above and below grade structures. The requested regulations are appropriate as follows: • The proposed development will have 0 metre interior side yard width setback at the south lot line of the north parcel, at the north and south lot line of the central parcel, and at the north lot line of the south parcel due to the podium being constructed across the lot lines. It is appropriate to establish a south lot line setback of 5 metres, for a distance measured 85 metres from the rear lot line, to implement the recommendation of the Stage 1 -2 Archaeological Report. The 5 metre setback will protect the integrity of the abutting cemetery associated with Our Lady of Peace Church. Staff recommend that the amending by-law include “at-grade and below ground” to establish this setback for both the south parcel’s building and underground parking structure. Height EXISTING REGULATION PROPOSED REGULATION North Parcel (TC-952) 141 metres and 42 storeys 190 metres and 45 storeys Central Parcel (TC-953) 197 metres and 57 storeys 225 metres and 60 storeys South Parcel (TC-954) 118 metres and 32 storeys 145 metres and 39 storeys The requested regulations are appropriate as follows: • The proposed development increases height by 3 storeys for the north and central parcels and 7 storeys for the south parcel. The modest increase in permitted height minimally increases shadowing on abutting properties. A holding (H) provision is required to ensure that the proposed wind mitigation measures will result in no unsafe locations within the pedestrian environment. Roof Feature EXISTING REGULATION PROPOSED REGULATION North Parcel (TC-952) - Roof feature not less than 9 metres above the top storey - Roof feature not less than 9 metres above the top storey Page 14 of 53 Page 366 of 1156 - Distinct architectural element - Not contain place of occupancy - Distinct architectural element - May contain place of occupancy Central Parcel (TC-953) - Roof feature not less than 15 metres above the top storey - Distinct architectural element - Not contain place of occupancy - Roof feature not less than 9 metres above the top storey - Distinct architectural element - May contain place of occupancy South Parcel (TC-954) - Roof feature not less than 10 metres above the top storey - Distinct architectural element - Not contain place of occupancy - Roof feature not less than 5 metres above the top storey - Distinct architectural element - May contain place of occupancy The requested regulations are appropriate as follows: • The proposed height of the roof features is consistent with what is shown in the elevations which are supported as they provide an appropriately scaled features to the buildings. The roof feature is distinct and is proposed to be illuminated. • Staff supports a place of occupancy, such as a restaurant or amenity space for residents, within the roof feature. In addition, the roof feature will contain mechanical equipment. Minimum Landscaped Open Space EXISTING REGULATION PROPOSED REGULATION North Parcel (TC-952) - 30% of the lot area - A 21 metre wide landscaped strip adjacent to the rear lot line - A 6 metre wide strip between a parking lot and Stanley Avenue As per the rear yard setback (23 metres) Central Parcel (TC-953) - 35% of the lot area - A 29 metre wide landscaped strip adjacent to the rear lot line As per the rear yard setback (32 metres) Page 15 of 53 Page 367 of 1156 - A 6 metre wide strip between a parking lot and Stanley Avenue, save and except for any driveway entrances South Parcel (TC-954) - 30% of the lot area - A 17 metre wide landscaped strip adjacent to the rear lot line - A 6 metre wide strip between a parking lot and Stanley Avenue, save and except for any driveway entrances As per the rear yard setback (16.5 metres) The requested regulations are appropriate as follows: • The landscaped strip adjacent to the rear lot line exceeds the existing minimum strip requirements. The percentage of open landscape space is approximately 25% for the north and south parcels and 20% for the central parcel. The reduction is due to the increase of podium’s floor area as the design now connects the buildings. The preliminary concept for the podium’s connection to the former Loretto Academy building is to provide north and south winter gardens that would create an indoor conservancy experience for residents and visitors. • As a result of the revised design, a 6 metre wide strip between the parking lot and Stanley Avenue is no longer being provided. The minimum wide strip of 1.4 metres is provided where the internal driveway parallels Stanley Avenue. The strip increases when adjacent to parking stalls. Through the site plan stage, appropriate screening, landscaping, decorative fence, or wall will be determined. Staff recommend that the amending zoning by-law amendment Schedule 3 illustrate the minimum landscaped open space areas for clarity. Parking and Access Requirements EXISTING REGULATION PROPOSED REGULATION All Parcels Dwelling units: 1.4 parking spaces per dwelling unit Dwelling units: - Units with 4 bedrooms or more: • 2 parking spaces per unit Page 16 of 53 Page 368 of 1156 Vacation rental units: 2 parking spaces, may be in tandem Hotel: 1 parking space for each 1.25 rooms Retail store (up to 450 metres square): 1 parking space for each 25 square metres of gross - Units with less than 4 bedrooms: • 1 space/unit Visitors parking: North Parcel (TC-952) 0.06 parking spaces per unit Central Parcel (TC-953) 0.06 parking spaces per unit South Parcel (TC-954) 0.08 parking spaces per unit Vacation rental units: - Units with 4 bedrooms or more: • 2 parking spaces per unit - Units with less than 4 bedrooms: • 1 space/unit Day Nursery: 1 space for each 40 square metres of floor area Other uses: In accordance with Table 1.1 of Section 4.19.2 Hotel: 1 parking space for each 1.25 rooms Page 17 of 53 Page 369 of 1156 leasable floor area plus 1 parking spaces for 90 square metres of storage Restaurant: 1 parking space for each 5 seats Place of assembly/retail/restaurant accessory to hotel: none Retail store: 1 space per 60 square metres Restaurant: 1 space for each 10 seats The requested regulations are appropriate as follows: • Table 1.1 is applicable to the Fallsview tourism area located north of the subject land. Transportation Staff supports this table being applicable for the proposed tourism uses to the property. The table reduces parking space requirements for hotels and eliminates parking regulations for restaurant, retail space, and place of assembly ancillary to a hotel. Staff recommend the amending zoning by-law apply a 1.20 parking space per unit for the residential uses. Transportation staff recommend the retention of the 2 parking spaces per vacation rental unit rate which will ensure that parking needs for the proposed use will be met. A vacation rental unit will need to be licensed with the City to operate and at that time the ability to meet the parking regulation will be confirmed. Further, Staff recommend that parking may be shared across the 3 parcels as the at - grade parcels all for function to designed being are structure parking and comprehensively. Minimum Parking Space Dimensions and Aisle Width EXISTING REGULATION PROPOSED REGULATION All parcels Minimum parking space: 2.75 x 6 metres Minimum aisle width: 6.9 metres Minimum parking space: 2.6 x 5.6 metres Minimum aisle width: 6 metres The requested regulations are appropriate as follows: Page 18 of 53 Page 370 of 1156 • Transportation Services supports the reduced parking space and aisle width. There are no safety concerns with the reduced dimensions. Permitted Encroachments of Balconies into the Required Yards EXISTING REGULATION PROPOSED REGULATION All Parcels Front and rear yard: 1.8 metres Side yard: 0.45 metres All yards: 2 metres The requested regulations are appropriate as follows: • The proposed depth of the balconies will allow them to be functional and is a minor increase. As balconies are proposed for all of the dwelling units, usable outdoor amenity space will be provided to residents. Permitted Encroachments of Canopies into the Required Yards EXISTING REGULATION PROPOSED REGULATION North Parcel (TC-952) Front and rear yard: 1.8 metres Side yard: 0.45 metres All yards: 5 metres Central Parcel (TC-953) Front and rear yard: 1.8 metres Side yard: 0.45 metres Front yard: 12 metres South Parcel (TC-954) Front and rear yard: 1.8 metres Side yard: 0.45 metres Front and interior side yard: 5 metres Staff supports the encroachment of canopies into the required yard regulations as requested. Staff does not object to the canopy extend ing further into the required front Page 19 of 53 Page 371 of 1156 yard of the central parcel as the Stanley Avenue frontage does not have any cultural heritage significance. No canopies are permitted in the rear yard of the central and south parcels. A canopy is permitted in the rear yard of the north parcel and interior side yard of the south parcel for wind mitigation. It is noted the amending zoning by -law would allow the general permissions under the Tourist Commercial zone in the front yard and along Livingston Street which would allow canopies. The proposed encroachments of canopies are supported as they will not ha ve a negative impact on abutting properties. The canopies will provide shelter for pedestrians and help mitigate wind impacts generated by the towers. Permitted Encroachments of Observation Decks into the Required Yards EXISTING REGULATION PROPOSED REGULATION North Parcel (TC-952) 4 metres Central Parcel (TC-953) 0 metres The requested regulations are appropriate as follows: • The proposed observation decks are proposed for the hotel components of the north and central towers and are supported as they provide visual interest to the buildings’ design and offer an experience and direct views of the Falls for guests. • Staff recommend the amending zoning by-law indicate the storey and minimum height of each of the observation decks and specify that the observation decks are only permitted in the rear yard. Maximum Floor Area for Each Retail Store and for All Retail Stores EXISTING REGULATION PROPOSED REGULATION All Parcels For each retail store: 400 square metres For all retail stores: 3,530 square metres Not applicable The requested regulations are appropriate as follows: • The podium will be utilized for retail and commercial uses. The floor plans will be finalized during site plan and upon confirmation of tenants for the retail spaces. It Page 20 of 53 Page 372 of 1156 is anticipated a mixture of size units will be required and no maximum floor area regulations are required. Loading Spaces EXISTING REGULATION PROPOSED REGULATION North Parcel (TC-952) 6 3 Central Parcel (TC-953) 6 3 South Parcel (TC-954) 3 1 The requested regulations are appropriate as follows: • Transportation Services supports the reduced number as the proposed uses can share loading spaces. Vacation Rental Units EXISTING REGULATION PROPOSED REGULATION All parcels In accordance with section 4.38. - To be licensed by the City of Niagara Falls - Maximum number of travelers determined by Ontario Building Code - Parking regulations as outlined above Staff does not support the proposed regulations for vacation rental units, which proposes to amend the number of bedrooms and parking regulations, and recommends the existing regulations that govern the entire City be applicable to the proposed development. Any proposed vacation rental unit in an apartment dwelling will need to be licensed with the City and provide the required parking for the vacation rental use. Discussion on the proposed parking regulations for vacation rental units occurs earlier in this report. Minimum Distance Between an Accessory Structure and Interior Side Lot Line EXISTING REGULATION PROPOSED REGULATION South Parcel (TC-954) 1.2 metres 0 metres The requested regulation is appropriate as follows: Page 21 of 53 Page 373 of 1156 • A trellis, which is considered an accessory structure, is proposed to be installed along the south parcel’s south lot line to provide a structure for plantings that will screen the proposed development from the abutting Our Lady of Peace Church. Road Allowance Requirements EXISTING REGULATION PROPOSED REGULATION North Parcel (TC-952) Required parking spaces shall not be located within 15.25 metres from the centreline of the original road allowance of Stanley Avenue Required parking spaces shall not be located within 14.5 metres from the centreline of the original road allowance of Stanley Avenue The requested regulation is appropriate as follows: • Several parking spaces are proposed to be provided within the protected road allowance on the north parcel near the intersection of Livingston Street and Stanley Avenue. The location of driveways and placement of the building has resulted in parking spaces being within the protected area. There is no negative impact to this location as the parking spaces are located outside of the required day light triangle and road widening dedications. The Region has not indicated any concerns with the proposed parking space locations that are not within the right-of-way. Location of Building Components, Maximum Heights, Maximum Number of Storeys and Minimum Yards (setbacks) Schedule 3 of the amending by-laws will depict the locations of building components, their maximum heights/storeys and their minimum setbacks. Staff support the proposed locations, heights/storeys, and minimum setbacks depicted in the draft schedules. Discussion on the maximum heights and number of storeys, podium, tower, and canopy locations, and setbacks occurred earlier in this report. Schedules Schedules 1 (location of subject lands), 2 (key dimensions of subject lands) and 3 (location of various components of the building, their maximum height, maximum number of storeys, and minimum yards) of Zoning By-law Nos. 2021-80, 2021-81, 2021-82 are requested to be repealed and replaced with new schedules. The new schedules will reflect the lot configuration and proposed building design and implement the supported height and setback regulations. Page 22 of 53 Page 374 of 1156 In addition, Staff recommends a holding (H) provision be applied to the subject land to require an updated wind study to the satisfaction of the City unless a satisfactory updated wind study is submitted and approved by Staff prior to the amending zoning by -law being presented to Council for approval. 6. Section 37 Agreement Section 37 agreements are permitted under the Planning Act to secure streetscape and community facilities and to secure the building design approved by Council, in return for increased height. All projects over 4 storeys in height in the City’s tourist area are required to pay for streetscape improvements on abutting streets. To reflect current practice, these streetscape improvements should be incorporated into a Section 37 Agreement. Three Section 37 agreements were executed for each respective parcel that include streetscape improvement contributions for Stanley Avenue and Livingston Street. The agreements include clauses regarding heritage conservation (to retain and restore the lawn between the east property line, to retain, con serve and restore the former Loretto Academy and consider designating the site immediately after the first Building Permit issuance, and to submit a heritage conservation plan and the architectural design. The amended Section 37 agreement will update th e agreement by indicating the architectural design of the development shall generally be in accordance with the design approved by Council on August 9th, 2022 and will update the capital facilities contribution to capture the increase in height for each tower. Where it is determined that development over 30 storeys has planning merit, a cash contribution based on 5% of the construction cost for the net floor area over 30 storeys is required in return for the height increase. The net floor area excludes e levator and stairwell shafts, mechanical rooms and ventilation shafts. Staff estimates the contribution to be $1,755,182 for the north tower, $8,142,559 for the central tower, and $1,176,165 for the south tower. Staff recommend the project's capital contributions are updated to reflect Council's most current priorities. The following projects, most of which were identified in the Community Benefits Charge Strategy, are recommended: Portage Prospect, affordable housing initiatives, provision of public art, heritage and culture, provision for active transportation, provision of public parking in the Central Tourist District, and provision of urban amenities. Operational Implications and Risk Analysis There are no operational implications or risk to the City. Page 23 of 53 Page 375 of 1156 Financial Implications/Budget Impact The proposed development will provide development charges, cash-in-lieu of parkland dedication and new tax assessment for the City. Strategic/Departmental Alignment This proposal contributes to developing Niagara Falls as Ontario’s premier tourism destination and 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 Appendix 1 Appendix 2 with schedules Appendix 3 with schedules Appendix 4 with schedules Written by: Julie Hannah, Planner 2 Submitted by: Status: Andrew Bryce, Manager, Current Planning Approved - 02 Aug 2022 Jason Burgess, CAO Approved - 02 Aug 2022 Page 24 of 53 Page 376 of 1156 SCHEDULE 1 (Location Map) Page 25 of 53 Page 377 of 1156 SCHEDULE 2 (Site Plan) N Page 26 of 53 Page 378 of 1156 SCHEDULE 3 (Perspectives) Page 27 of 53 Page 379 of 1156 Appendix 1: Proposed Official Plan Amendment Existing Policy Proposed & Recommended Policy Paragraph 1 Delete: “to a maximum building height of 32 storeys for the southern tower, 57 storeys for the central tower, and 42 storeys for the northern tower” Replace: “to a maximum building height of 39 storeys for the southern tower, 60 storeys for the central tower, and 45 storeys for the northern tower” Subclause iii) Delete: “have podium no taller than 5 storeys and 21 metres” Replace: “to have a podium of 3-5 storeys and 24 metres” Subclause iv) Delete: “have towers setback a minimum of 3 metres from the street” Replace: “have towers setback a minimum of 3 metres, some encroachments are permitted, provided a majority of the towers maintain a setback of 3 metres” Subclause v), vi), and vii) v) “have towers with a maximum building floor plate of 1,700 square metres (excluding open balconies) for the mid- tower section (between the podium and the 15th floor) and of 1,115 square metres (excluding open balconies) for the upper tower section (above the 15th floor)” vi) “have towers with length to width ratios of under 1:2.6 for the mid-tower section and of 1: 1.5 to 1: 1.8 for the upper tower section: vii) “have a minimum separation distance of 25 metres between the upper tower portions on the same site and 10 meters between Delete subclauses Page 28 of 53 Page 380 of 1156 upper tower portions and any interior side lot lines” Subclause viii) Delete: “preferably in below grade” Replace: “at grade and in” Subclause viii) Delete: “and/or parking garages within the 5 storey podium with commercial uses at grade where it abuts a street lot line: Replace: “supply all required parking on-site, at grade and in parking garages” Page 29 of 53 Page 381 of 1156 Appendix 2: TC-952 (north parcel) The departures requested from the standard TC-952 (north parcel) regulations are summarized in the following table: ZONE REGULATION EXISTING REGULATION PROPOSED REGULATION RECOMMENDED REGULATION Permitted uses In accordance with section 8.6.1, and apartment dwelling In accordance with section 8.6.1, apartment dwelling, and vacation rental units in apartment dwellings Maximum building height 12 metres subject to section 4.7 190 metres as measured from Geodetic Elevation 190.65 metres and a maximum of 45 storeys, which shall include a roof feature 190 metres as measured from Geodetic Elevation 190.65 metres and a maximum of 45 storeys, which shall include a roof feature Roof feature A building having a height greater than 9 metres shall have a roof feature which has a height of not less than 15 metres above the top storey. The roof feature shall be a distinct architectural element of the building and shall not contain a place of occupancy A building having a height greater than 24 metres shall have a roof feature which has a height of not less than 9 metres above the top storey. The roof feature shall be a distinct architectural element of the building and may contain a place of occupancy A building having a height greater than 24 metres shall have a roof feature which has a height of not less than 9 metres above the top storey. The roof feature shall be a distinct architectural element of the building and may contain a place of occupancy Minimum landscaped open space 30% of the lot area, which shall include a 21 metre wide landscaped open As per rear yard setback In accordance with Schedule xx Page 30 of 53 Page 382 of 1156 ZONE REGULATION EXISTING REGULATION PROPOSED REGULATION RECOMMENDED REGULATION space strip along and adjacent to the rear lot line and a 6 metre wide strip between a parking lot and Stanley Avenue Parking and access requirements In accordance with Table 1 Dwelling units: 1.4 parking spaces per dwelling unit Vacation rental units: 2 parking spaces, may be in tandem Dwelling units: - Units with 4 bedrooms or more:  2 parking spaces per unit - Units with less than 4 bedrooms:  1 space/unit Visitors parking: North Parcel (TC-952) 0.06 parking spaces per unit Central Parcel (TC-953) 0.06 parking spaces per unit South Parcel (TC-954) 0.08 parking spaces per unit Vacation rental units: - Units with 4 bedrooms or more:  2 parking spaces per unit - Units with less than 4 bedrooms:  1 space/unit Residential: 1.20 parking spaces per dwelling unit Day Nursery: 1 space for each 40 square metres of floor area Hotel and ancillary uses, Retail, and Other Uses: In accordance with Table 1.1 of Section 4.19.2 of Zoning By-law No. 79-200 Required parking may be shared across all 3 parcels. Page 31 of 53 Page 383 of 1156 ZONE REGULATION EXISTING REGULATION PROPOSED REGULATION RECOMMENDED REGULATION Hotel: 1 parking space for each 1.25 rooms Retail store (up to 450 metres square): 1 parking space for each 25 square metres of gross leasable floor area plus 1 parking spaces for 90 square metres of storage Restaurant: 1 parking space for each 5 seats Day Nursery: 1 space for each 40 square metres of floor area Other uses: In accordance with Table 1.1 of Section 4.19.2 Hotel: 1 parking space for each 1.25 rooms Place of assembly/retail/restaurant accessory to hotel: none Retail store: 1 space per 60 square metres Restaurant: 1 space for each 10 seats Minimum parking space dimensions and aisle width Minimum parking space: 2.75 x 6 metres Minimum aisle width: 6.9 metres Minimum parking space: 2.6 x 5.6 metres Minimum aisle width: 6 metres Minimum parking space: 2.6 x 5.6 metres Minimum aisle width: 6 metres Road allowance requirements Required parking spaces shall be not located within 15.25 metres from the centreline of the original road allowance of Stanley Avenue Required parking spaces shall not be located within 14.5 metres from the centreline of the original road allowance of Stanley Avenue Permitted encroachments of Front and rear yard: 1.8 metres All yards: 2 metres All yards: 2 metres Page 32 of 53 Page 384 of 1156 ZONE REGULATION EXISTING REGULATION PROPOSED REGULATION RECOMMENDED REGULATION balconies into the required yards Side yard: 0.45 metres Permitted encroachments of canopy into the required yards Front and rear yard: 1.8 metres Side yard: 0.45 metres All yards: 5 metres All yards: 5 metres Permitted encroachments of observation decks into the required yards 4 metres A maximum of 2 observation decks are permitted to encroach 4 metres into the required rear yard depth, at the 17 storey, at a height of 61 metres, and at the 45 storey, at a height of 163 metres Maximum floor area for each retail store 400 square metres Not required Not required Maximum floor area for all retail stores 3,530 square metres Not required Not required Loading spaces 6 3 3 Location of various building or structure components including their maximum heights and maximum number of storeys and minimum yards (setbacks) In accordance with Schedule xx In accordance with Schedule xx Vacation Rental Unit In accordance with section 4.38 a) A vacation rental unit shall be licensed by the City of Niagara Falls and the municipal license Not supported Page 33 of 53 Page 385 of 1156 ZONE REGULATION EXISTING REGULATION PROPOSED REGULATION RECOMMENDED REGULATION of a vacation rental unit must be kept current and maintained in good standing; b) The maximum number of travelers permitted to stay in a dwelling unit used as a vacation rental unit shall be in accordance with the requirements of the Building Code Act; c) Parking and access requirements shall be in accordance with clause (X) of this By-law Roof Feature For the purposes of this by-law: “Roof feature” means a distinct architectural element erected above the top storey of the tower component and shall be provided for the purposes of enhancing the design of the hotel and may enclose any roof mounted mechanical equipment, mechanical penthouses, or other similar elements. Notwithstanding section 4.7 of By-law No. 79-200, and except for any flagpoles, or other similar decorative roof features, and radio, telephone, television or telecommunication Supported Page 34 of 53 Page 386 of 1156 ZONE REGULATION EXISTING REGULATION PROPOSED REGULATION RECOMMENDED REGULATION towers or antennae, no water tank, elevator or other mechanical penthouse shall have a height greater than the roof feature unless clad to be aesthetically consistent with the roof feature Schedules Schedule 1 and Schedule 2 of By-law No. 2012-81 shall be repealed. Schedule 1 and Schedule 2 of By- law No. 2012-81 shall be repealed. Page 35 of 53 Page 387 of 1156 Page 36 of 53 Page 388 of 1156 Page 37 of 53 Page 389 of 1156 Appendix 3: TC-953 (central parcel) The departures requested from the standard TC-953 (central parcel) regulations are summarized in the following table: ZONE REGULATION EXISTING REGULATION PROPOSED REGULATION RECOMMENDED REGULATION Permitted uses In accordance with section 8.6.1, and apartment dwelling In accordance with section 8.6.1, apartment dwelling, and vacation rental units in apartment dwellings Maximum building height 12 metres subject to section 4.7 225 metres as measured from Geodetic Elevation 190.65 metres and a maximum of 60 storeys, which shall include a roof feature 225 metres as measured from Geodetic Elevation 190.65 metres and a maximum of 60 storeys, which shall include a roof feature Roof feature A building having a height greater than 12 metres shall have a roof feature which has a height of not less than 15 metres above the top storey. The roof feature shall be a distinct architectural element of the building and shall not contain a place of occupancy A building having a height greater than 24 metres shall have a roof feature which has a height of not less than 9 metres above the top storey. The roof feature shall be a distinct architectural element of the building and may contain a place of occupancy A building having a height greater than 24 metres shall have a roof feature which has a height of not less than 9 metres above the top storey. The roof feature shall be a distinct architectural element of the building and may contain a place of occupancy Minimum landscaped open space 35% of the lot area, which shall include a 29 metre wide As per rear yard setback In accordance with Schedule xx Page 38 of 53 Page 390 of 1156 ZONE REGULATION EXISTING REGULATION PROPOSED REGULATION RECOMMENDED REGULATION landscaped open space strip along and adjacent to the rear lot line and a 6 metre wide strip between a parking lot and Stanley Avenue, save and except for any driveway entrances Parking and access requirements In accordance with Table 1 Dwelling units: 1.4 parking spaces per dwelling unit Vacation rental units: 2 parking spaces, may be in tandem Dwelling units: - Units with 4 bedrooms or more:  2 parking spaces per unit - Units with less than 4 bedrooms:  1 space/unit Visitors parking: North Parcel (TC-952) 0.06 parking spaces per unit Central Parcel (TC-953) 0.06 parking spaces per unit South Parcel (TC-954) 0.08 parking spaces per unit Vacation rental units: - Units with 4 bedrooms or more:  2 parking spaces per unit - Units with less than 4 bedrooms: Residential: 1.20 parking spaces per dwelling unit Day Nursery: 1 space for each 40 square metres of floor area Hotel and ancillary uses, Retail, and Other Uses: In accordance with Table 1.1 of Section 4.19.2 of Zoning By-law No. 79-200 Required parking may be shared across all 3 parcels. Page 39 of 53 Page 391 of 1156 ZONE REGULATION EXISTING REGULATION PROPOSED REGULATION RECOMMENDED REGULATION Hotel: 1 parking space for each 1.25 rooms Retail store (up to 450 metres square): 1 parking space for each 25 square metres of gross leasable floor area plus 1 parking spaces for 90 square metres of storage Restaurant: 1 parking space for each 5 seats  1 space/unit Day Nursery: 1 space for each 40 square metres of floor area Other uses: In accordance with Table 1.1 of Section 4.19.2 Hotel: 1 parking space for each 1.25 rooms Place of assembly/retail/restaurant accessory to hotel: none Retail store: 1 space per 60 square metres Restaurant: 1 space for each 10 seats Minimum parking space dimensions and aisle width Minimum parking space: 2.75 x 6 metres Minimum aisle width: 6.9 metres Minimum parking space: 2.6 x 5.6 metres Minimum aisle width: 6 metres Minimum parking space: 2.6 x 5.6 metres Minimum aisle width: 6 metres Permitted encroachments of balconies into the required yards Front and rear yard: 1.8 metres Side yard: 0.45 metres All yards: 2 metres All yards: 2 metres Page 40 of 53 Page 392 of 1156 ZONE REGULATION EXISTING REGULATION PROPOSED REGULATION RECOMMENDED REGULATION Permitted encroachments of canopies into the required yards Front and rear yard: 1.8 metres Side yard: 0.45 metres Front yard: 12 metres Front yard: 12 metres Permitted encroachments of observation decks into the required yards 0 metres 2 observation decks are permitted to encroach 0 metres into the required rear yard depth, at the 20th storey at a height of 71.5 metres, and at the 59th storey at a height of 195 metres Maximum floor area for each retail store 400 square metres Not required Not required Maximum floor area for all retail stores 3,530 square metres Not required Not required Loading spaces 6 3 3 Location of various building or structure components including their maximum heights and maximum number of storeys and minimum yards (setbacks) In accordance with Schedule xx In accordance with Schedule xx Vacation Rental Unit In accordance with section 4.38 a) A vacation rental unit shall be licensed by the City of Niagara Falls and the municipal license of a vacation rental unit must be kept current and maintained in good standing; Not supported Page 41 of 53 Page 393 of 1156 ZONE REGULATION EXISTING REGULATION PROPOSED REGULATION RECOMMENDED REGULATION b) The maximum number of travelers permitted to stay in a dwelling unit used as a vacation rental unit shall be in accordance with the requirements of the Building Code Act; c) Parking and access requirements shall be in accordance with clause (X) of this By- law Roof Feature For the purposes of this by-law: “Roof feature” means a distinct architectural element erected above the top storey of the tower component and shall be provided for the purposes of enhancing the design of the hotel and may enclose any roof mounted mechanical equipment, mechanical penthouses, or other similar elements. Notwithstanding section 4.7 of By-law No. 79-200, and except for any flagpoles, or other similar decorative roof features, and radio, telephone, television or telecommunication towers or antennae, no water tank, elevator or other mechanical penthouse shall have a height greater than the roof feature unless clad to be aesthetically Supported Page 42 of 53 Page 394 of 1156 ZONE REGULATION EXISTING REGULATION PROPOSED REGULATION RECOMMENDED REGULATION consistent with the roof feature Schedules Schedule 1 and Schedule 2 of By-law No. 2012-80 shall be repealed. Schedule 1 and Schedule 2 of By- law No. 2012-80 shall be repealed. Page 43 of 53 Page 395 of 1156 Page 44 of 53 Page 396 of 1156 Page 45 of 53 Page 397 of 1156 Appendix 4: TC-954 (south parcel) The departures requested from the standard TC-954 (south parcel) regulations are summarized in the following table: ZONE REGULATION EXISTING REGULATION PROPOSED REGULATION RECOMMENDED REGULATION Permitted uses In accordance with section 8.6.1, and apartment dwelling In accordance with section 8.6.1, apartment dwelling, and vacation rental units in apartment dwellings, and 3 dwelling units may be permitted at grade at the rear of the building with entrances from the eastern facade Minimum interior side yard width As shown in Schedule 3 North lot line: As shown in Schedule 3 South lot line: 5 metres North lot line: As shown in Schedule xx South lot line: 0 metres save and except 5 metres, measured 85 metres from the rear lot line, for above and below grade structures. Maximum building height 12 metres subject to section 4.7 145 metres as measured from Geodetic Elevation 190.65 metres and a maximum of 39 storeys, which shall include a roof feature 145 metres as measured from Geodetic Elevation 190.65 metres and a maximum of 39 storeys, which shall include a roof feature Roof feature A building having a height greater than 12 metres shall have a roof A building having a height greater than 24 metres shall have a roof feature which has a height of not A building having a height greater than 24 metres shall have a roof Page 46 of 53 Page 398 of 1156 ZONE REGULATION EXISTING REGULATION PROPOSED REGULATION RECOMMENDED REGULATION feature which has a height of not less than 10 metres above the top storey. The roof feature shall be a distinct architectural element of the building and shall not contain a place of occupancy less than 5 metres above the top storey. The roof feature shall be a distinct architectural element of the building and may contain a place of occupancy feature which has a height of not less than 5 metres above the top storey. The roof feature shall be a distinct architectural element of the building and may contain a place of occupancy Minimum landscaped open space 30% of the lot area, which shall include a 17 metre wide landscaped open space strip along and adjacent to the rear lot line and a 6 metre wide strip between a parking lot and Stanley Avenue, save and except for any driveway entrances As per rear yard setback In accordance with Schedule xx Parking and access requirements In accordance with Table 1 Dwelling units: 1.4 parking spaces per dwelling unit Dwelling units: - Units with 4 bedrooms or more:  2 parking spaces per unit - Units with less than 4 bedrooms:  1 space/unit Visitors parking: North Parcel (TC-952) 0.06 parking spaces per unit Residential: 1.20 parking spaces per dwelling unit Day Nursery: 1 space for each 40 square metres of floor area Retail, and Other Uses: Page 47 of 53 Page 399 of 1156 ZONE REGULATION EXISTING REGULATION PROPOSED REGULATION RECOMMENDED REGULATION Vacation rental units: 2 parking spaces, may be in tandem Hotel: 1 parking space for each 1.25 rooms Retail store (up to 450 metres square): 1 parking space for each 25 square metres of gross leasable floor area plus 1 parking spaces for 90 square metres of storage Central Parcel (TC-953) 0.06 parking spaces per unit South Parcel (TC-954) 0.08 parking spaces per unit Vacation rental units: - Units with 4 bedrooms or more:  2 parking spaces per unit - Units with less than 4 bedrooms:  1 space/unit Day Nursery: 1 space for each 40 square metres of floor area Other uses: In accordance with Table 1.1 of Section 4.19.2 Hotel: 1 parking space for each 1.25 rooms Place of assembly/retail/restaurant accessory to hotel: none Retail store: 1 space per 60 square metres Restaurant: 1 space for each 10 seats In accordance with Table 1.1 of Section 4.19.2 of Zoning By-law No. 79-200 Required parking may be shared across all 3 parcels. Page 48 of 53 Page 400 of 1156 ZONE REGULATION EXISTING REGULATION PROPOSED REGULATION RECOMMENDED REGULATION Restaurant: 1 parking space for each 5 seats Minimum parking space dimensions and aisle width Minimum parking space: 2.75 x 6 metres Minimum aisle width: 6.9 metres Minimum parking space: 2.6 x 5.6 metres Minimum aisle width: 6 metres Minimum parking space: 2.6 x 5.6 metres Minimum aisle width: 6 metres Permitted encroachments of balconies into the required yards Front and rear yard: 1.8 metres Side yard: 0.45 metres All yards: 2 metres All yards: 2 metres Permitted encroachments of canopies into the required yards Front and rear yard: 1.8 metres Side yard: 0.45 metres All yards: 5 metres Front and interior side yards: 5 metres Minimum distance between an accessory structure and interior side lot line 1.2 metres 0 metres 0 metres Maximum floor area for each retail store 400 square metres Not required Not required Maximum floor area for all retail stores 3,530 square metres Not required Not required Loading spaces 3 1 1 Location of various building or structure components including their maximum heights and maximum number of storeys In accordance with Schedule xx In accordance with Schedule xx Page 49 of 53 Page 401 of 1156 ZONE REGULATION EXISTING REGULATION PROPOSED REGULATION RECOMMENDED REGULATION and minimum yards (setbacks) Vacation Rental Unit In accordance with section 4.38 a) A vacation rental unit shall be licensed by the City of Niagara Falls and the municipal license of a vacation rental unit must be kept current and maintained in good standing; b) The maximum number of travelers permitted to stay in a dwelling unit used as a vacation rental unit shall be in accordance with the requirements of the Building Code Act; c) Parking and access requirements shall be in accordance with clause (X) of this By-law Not supported Roof Feature For the purposes of this by-law: “Roof feature” means a distinct architectural element erected above the top storey of the tower component and shall be provided for the purposes of enhancing the design of the hotel and may enclose any roof mounted mechanical equipment, mechanical penthouses, or other similar elements. Supported Page 50 of 53 Page 402 of 1156 ZONE REGULATION EXISTING REGULATION PROPOSED REGULATION RECOMMENDED REGULATION Notwithstanding section 4.7 of By-law No. 79-200, and except for any flagpoles, or other similar decorative roof features, and radio, telephone, television or telecommunication towers or antennae, no water tank, elevator or other mechanical penthouse shall have a height greater than the roof feature unless clad to be aesthetically consistent with the roof feature Schedules Schedule 1 and Schedule 2 of By-law No. 2012-82 shall be repealed. Schedule 1 and Schedule 2 of By- law No. 2012-82 shall be repealed. Page 51 of 53 Page 403 of 1156 Page 52 of 53 Page 404 of 1156 ALL DIMENSIONS/ SETBACKS IN METERS H DENOTES HEIGHT IN METERS ABOVE ESTABLISHED GRADE OF 190.65M ZONING MAP 2 TC954 ffi TOP OF MAIN ROOF H 145.0m (39 STOREYS + MPH) 0 ci TOP O PODIUM H 4.0m (4 ST REYS) STANLEY AVENUE ��Sm BUFFER ZONE THE GREAT FALLS DEVELOPMENT PROPOSED ZONING MAP JULY22, 2022 HARIRI PONTARINI ARCH S 4 Page 53 of 53 Page 405 of 1156 Address: 6880 Stanley Applicants: 2676555 Ontario Ltd, 2676557 Ontario Ltd. & 2676562 Ontario Ltd. Proposal: To permit a 60 storey Hotel/Residential Building, a 45 Storey Hotel/Residential Building & a 39 Storey Residential Building Official Plan & Zoning By-law Amendment Application AM-2021-014 Page 406 of 1156 A GREAT CITY…FOR GENERATIONS TO COME Location PROPOSED DEVELOPMENT Mount Carmel Hotel Proposed Stanley/Dunn Mixed Use Development Convention Centre Our Lady of Peace Church Vineyard Niagara Parks Page 407 of 1156 A GREAT CITY…FOR GENERATIONS TO COME Background Building Current Permissions Proposal Increase in Height North Tower 42 storeys (141 m) 45 storeys (190 m) 3 storeys Central Tower 57 storeys (197 m) 60 storeys (225 m) 3 storeys South Tower 32 storeys (118 m) 39 storeys (145 m) 7 storeys Page 408 of 1156 A GREAT CITY…FOR GENERATIONS TO COME Proposal •1,030 residential apartments in 1-4 bedroom units •508 hotel rooms within the north and central towers •17,873 m2 of retail/commercial, restaurant, and assembly space within the former Loretto Academy Page 409 of 1156 A GREAT CITY…FOR GENERATIONS TO COME Site Plan N 49 Storeys 39 Storeys 60 Storeys Page 410 of 1156 A GREAT CITY…FOR GENERATIONS TO COME Elevations-East Lawn Page 411 of 1156 A GREAT CITY…FOR GENERATIONS TO COME Elevations-Stanley Ave Page 412 of 1156 A GREAT CITY…FOR GENERATIONS TO COME Background •Applicant has requested approval for an Official Plan and Zoning By-law amendment for approximately 3 hectares (0.262 acres) of land on 3 parcels. •Land is designated Tourism Commercial (Policy 4.6.11 d) in the Official Plan. •An Official Plan Amendment is requested to amend Site Specific Policy in regards to: –The heights of the podium and towers, –Remove floor plate, tower separation and length-to-width policies, –Revise the parking text to indicate to supply required parking on-site at grade and in parking garages. •The subject land is zoned site specific Tourist Commercial for each of the 3 parcels as follows: –TC-952A –TC-953A –TC-954A Page 413 of 1156 A GREAT CITY…FOR GENERATIONS TO COME Zoning A (north) B (central) C (south)Page 414 of 1156 A GREAT CITY…FOR GENERATIONS TO COME Requested Zoning Relief NPermitted Uses Added: Vacation Rental Units in Apartment Dwellings Locations of components, maximum number of storeys and minimum yards, landscape open space as illustrated Parking: -1.2 spaces/dwelling unit -1 space/40m2 of floor area for a Day Nursery -In accordance with Table 1.1 of Section 4.19.1 of ZBL 79-200 for a hotel and ancillary uses, retail and other uses. -Required parking may be shared across all 3 parcels. Minimum Parking Space: 2.6 x 5.6 m Minimum Aisle Width: 6 m 2 m permitted encroachment of balconies into the required yards No requirement for maximum floor area for each/all retail stores Page 415 of 1156 A GREAT CITY…FOR GENERATIONS TO COME Requested Zoning Relief-A 17 storeys Max Height: 190 metres, 45 storeys Roof Feature A building having a height greater than 24 m shall have a roof feature which has a height of not less than 9 m above the top storey. The roof feature shall be a distinct architectural element of the building and may contain a place of occupancy. Required Parking Spaces are permitted to be located within 14.5 metres from the centreline of the original road allowance of Stanley Avenue 5 m permitted encroachment of canopies into the required yards A max of 2 observation decks are permitted to encroach 4 m into the required rear yard depth, at the 17th storey (61 m height) and at the 45th storey (163 m height) Required loading spaces: 3 45 storeys 3 storeys Page 416 of 1156 A GREAT CITY…FOR GENERATIONS TO COME Requested Zoning Relief-B Maximum Height 225 m and a maximum of 60 storeys Roof Feature A building having a height greater than 24 m shall have a roof feature which has a height of not less than 9 m above the top storey. The roof feature shall be a distinct architectural element of the building and may contain a place of occupancy. Permitted encroachment of canopies into the required front yard: 12 m A max of 2 observation decks are permitted to encroach 0 m into the required rear yard depth, at the 20th storey (71.5 m height) and at the 59th storey (195 m height) Required loading spaces: 3 60 storeys 3 storeys Page 417 of 1156 A GREAT CITY…FOR GENERATIONS TO COME Requested Zoning Relief-C Maximum Height: 145 m and 39 storeys Roof Feature A building having a height greater than 24 m shall have a roof feature which has a height of not less than 5 m above the top storey. The roof feature shall be a distinct architectural element of the building and may contain a place of occupancy. Min interior side yard width: 0 m save and except 5m, measured 85 m from the rear lot line, for above and below grade structures. Permitted encroachment of canopies into the required front and interior side yard: 5 m Min distance between accessory structure and interior side lot line: 0 m 39 storeys 4 storeys 3 storeys Permitted Uses Added: 3 Dwellings at Grade with entrances on east facade Page 418 of 1156 A GREAT CITY…FOR GENERATIONS TO COME Open House –Oct 12 Comment/Concern Staff Response •Hotel Operator •Has not been finalized •Contractor and Timing •Project expected to commence as soon as possible •Process if undocumented graves are found •Archaeological assessments have been completed and no concerns, if undocumented graves are found, work will cease and notification will be given to Ministry of Tourism, Culture and Sport and the NRP Page 419 of 1156 A GREAT CITY…FOR GENERATIONS TO COME Planning Analysis •The proposal conforms to Provincial, Regional, and Local policies. •Staff have no concerns with the requested zoning exceptions subject to: –A holding provision to require an updated wind study if an updated wind study is not submitted and approved by Staff prior to the amending by-law being presented to Council for approval –The site plan/condominium agreement include clause(s) that addresses any offsite servicing capacity issues at the sole cost of the development should the development wish to advance ahead of any collective growth capacity infrastructure initiatives. •Staff support the application as detailed in report PBD-2022-67.Page 420 of 1156 A GREAT CITY…FOR GENERATIONS TO COME Recommendation •That Council approve the proposed Official Plan and Zoning By-law Amendment as outlined and modified in report PBD-2022-67, subject to a holding provision for an updated wind study.Page 421 of 1156 Prepared by NPG Planning Solutions The Great Falls Hotel and Residential Development 6880 Stanley Avenue Official Plan Amendment Zoning By-law Amendment Page 422 of 1156 The Great Falls Hotel and Residential Development A more contemporary design from the approved development concept in 2012; Architectural icon,setting precedence for design excellence in Niagara Falls; Jobs creation in the tourism sector; Adding hotels and housing into the Tourist Area; Opportunity to activate the currently dormant Loretto Academy; Current proposal has responded to comments from the City,the Region and neighbours. Summary Video rendering of the proposed development - https://vimeo.com/425663374 Page 423 of 1156 PBD-2022-60 Report Report to: Mayor and Council Date: August 9, 2022 Title: PBD-2022-60 Statutory Public Meeting Report Official Plan Amendment 149 Housing Policies Recommendation(s) 1. That Council receive the public input presented at the Public Meeting. 2. That Staff consider this public input and bring forward Official Plan Amendment 149: Housing Policies to a future meeting of Council for adoption. Executive Summary This report provides Council with information on the intent of OPA 149: Housing Policies (Appendix 1) for the Statutory Public Meeting as stipulated by the Planning Act. Once adopted this amendment will begin to implement several of the action items of the City’s Housing Strategy by updating the Official Plan to include affordable housing targets and a framework for achieving the 40% affordable housing target. As staff have sought and obtained an exemption from Regional Council approval, City Council will be the approval authority for OPA 149. Background On March 22, 2022 via PBD-2022-18, Council endorsed the second phase of the City of Niagara Falls Housing Directions Study, the City`s Housing Strategy which recommends 21 actions that can be grouped under the following 6 themes: • Establish affordable housing targets. • Promote a greater diversity of housing types. • Ensure a healthy supply of rental units. • Increase public education and provide advocacy for partnerships. • Provide a variety of financial incentives to promote and facilitate the development of affordable and rental housing. • Monitor and report. The 21 actions set out in the Housing Strategy are a collection of policy directions, programs and tools that will work together in the short, medium and long term to help Page 1 of 19 Page 424 of 1156 achieve the 40% affordability target endorsed by Council in June 2021. The Strategy encourages, supports and permits the development of a more diverse mix and range of housing options to meet the City’s current and future demand. To begin the implementation of a number of the Housing Strategy’s action items, Staff initiated an amendment to the City’s Official Plan. This report and amendment addresses only the land use recommendations of the Strategy. Staff recognize that housing affordability and availability extends beyond the abilities of this amendment and requires a broad array of actions that extend beyond the City’s scope of powe rs. PUBLIC AND STAKEHOLDER ENGAGEMENT A copy of the draft amendment was circulated and made available for public and agency review on July 6, 2022. An open house was held on July 19, 2022 where 1 individual participated and submitted oral comments. The Planning Act requires that a statutory public meeting be held for amendments to Official Plans. A public meeting will be held on August 9, 2022 to receive comments from the public. All comments received on the amendment through all forms of engagement hav e been reviewed, summarized and responded to by staff in Appendix 2. Appendix 2 also provides the reader with the public body/stakeholder who submitted the comment, the nature of the issue and whether a modification could or could not be supported to the a mendment provisions. Significant issues that prescribed commenting agencies and stakeholders have identified in the review of OPA 149 are addressed under Planning Analysis. Analysis Policy Context Housing is a Provincial interest and the Province provides strategic policy direction on housing to municipalities through both the 2020 Provincial Policy Statement and the 2019 Provincial Growth Plan. Both policy documents require that municipalities provide for an appropriate range and mix of housing options and densities to meet projected requirements of current and future residents. The provision of safe, affordable and adequate housing is a key component to ensuring the safety and quality of life for Niagara residents and the creation of complete communities. The new Regional Official Plan (adopted by Regional Council in June 2022) provides housing policies that encourage diversity in housing type, size and tenure, in alignment with the Region’s Housing and Homelessness Action Plan as well as the Plan`s growth management objectives, targets and policies. Within a two-tier system, local municipalities have the responsibility to ensure that all available planning tools are in place to support affordable housing opportunities. The City’s Housing Strategy aligns with Provincial and Regional priorities. Housing Affordability and Core Housing Need Page 2 of 19 Page 425 of 1156 The new Niagara Region Official Plan allocates a population forecast of 141,650 people to Niagara Falls by 2051. This population allocation will require 20,220 new units of housing to be built, an average of 674 housing units constructed annually from 2021 to 2051. Through its new Plan, Niagara Region is requiring that a minimum of 20% of all housing built annually be considered affordable. Affordable is defined as shelter costs such as mortgage, rent payments, property taxes and utility costs that amount to less tha n 30% of the annual household income for low (i.e. households with total annual earnings of less than $45,300) and moderate income households (i.e. households with total annual earnings of $45,300 to $95,900). A household is considered to be in core housin g need if the dwelling is too expensive given the household budget (more than 30% of total household income), if the dwelling does not meet the household’s need or is in a major state of disrepair and there is no alternative housing that could be found within its budget. Analysis performed in the Housing Needs and Supply Report indicates that there are 5,770 rental households (57% of all rental households) and 5,935 owned households (23% of all owned households) in core housing need. Of the three housin g need indicators, for both owned and rented dwellings, the "affordability" indicator is the one that is more prevalent (47.4% of all rented households and 23.1% of all owned households). 40% Affordable Housing Target and the Housing Strategy Taking into consideration the large percentage of households in core housing need along with the City’s large service and hospitality sector workforce whose incomes are modest, the Housing Needs and Supply Report recommended that the City set a 40% affordability target for all new housing. A 40% affordability target would mean that 40% of all new built housing would be affordable to households annually earning $95,900 or less and would translate into the construction of approximately 270 affordable housing units per year. With Council’s endorsement of the Housing Strategy, staff have begun the implementation of several of the Strategy’s action items through an amendment to the Official Plan. Proposed Amendment in More Detail OPA 149 updates the existing policies in Part 2 Land Use Policies to include a 40% affordability target for all new housing and a framework for achieving that new target. A 40% affordability target would mean that 40% of all new built housing would be affordable to households annually earning $95,900 or less. The proposed amendment will also include requirements for development applications to demonstrate how proposals would contribute to achieving the affordability target. It is intended that the amendment will also: • Introduce a new Growth objective in Part 1- Section 2 related to the increasing the supply of affordable housing. Page 3 of 19 Page 426 of 1156 • Introduce the provision of affordable and attainable housing as an assessment criteria for property acquisition, investment and public/private partnerships and the sale of surplus land. • Update policies to provide opportunities for the creation and monitoring of second units and to bring them into conformity with the Planning Act. • Clearly define the City’s role and responsibility in supporting housing affordabili ty. • Add a requirement for a housing impact statement as part of a complete application to demonstrate how the proposal implements the housing strategy. • Require the retention of existing rental housing stock where a loss of six or more housing units may occur through a tenant relocation plan or a rental unit replacement plan. Significant Themes/Comments The significant issues that prescribed commenting agencies and stakeholders have identified in the review of OPA 149 are addressed below in more detail. Accessory Dwellings Policy 4.12.1 in OPA 149 states that the City supports the provision of accessory dwelling units. Policy 1.11 in the City’s current Official Plan, only one accessory dwelling unit per lot is permitted via a Zoning by-law amendment. To conform to O.Reg. 299/19 to the Planning Act, Policy 4.12.1 has been amended to now state that an additional dwelling unit in the principle building and an additional dwelling unit in an ancillary building are permitted, for a total of three dwelling units on one property. Accessory dwelling units are permitted within singles, semi-detached and townhouses subject to the lot being sufficiently sized to accommodate adequate parking, green space and amenity areas for both the principal dwelling and the accessory dwelling unit(s). Housing Impact Statement Policy 4.4 requires the submission of a housing impact statement for those planning applications that create new residential units. The Statement can be in the form of a stand- alone report for large scale projects or as a section within a planning justification report for small scale projects demonstrating how the proposal implements the City’s Housing Strategy. This includes a breakdown of the type of housing and unit breakdown, expected rents or sales prices. This information will be included in reports to Council. In addition, the housing impact statement will require further information where a development proposal results in the loss of 6 or more existing rental units. Policy 4.5 requires that a tenant relocation plan and a plan on how and where the units will be replaced either on site or in a new location. Rental Conversions to Condominium To conform to the Region’s new Official Plan, OPA 149 will prohibit the conversion of rental accommodation to condominium tenure when the City's vacancy rate is at or below 3 per cent over the preceding three-year period. Currently the vacancy rate threshold is Page 4 of 19 Page 427 of 1156 calculated over a single year time frame. The three-year assessment better accommodates yearly fluctuations that can occur in the rental market. Inclusionary Zoning The Region’s new Official Plan identifies the City’s GO Transit Statio n as a Protected Major Transit Station Area which is a requirement for inclusionary zoning. Policy 4.18 adds enabling policies to implement inclusionary zoning in Downtown Niagara Falls subject to the completion of a Municipal Assessment Report (completed in accordance with O. Reg. 232/18, under the Planning Act) that demonstrates the financial viability of implementing such a tool. Definition of Attainable Housing The Region has requested that the City include a definition for the term ‘attainable housing.’ City staff will add a definition of attainable housing to the list of definitions included in Appendix I to the Official Plan. This definition will conform to the Region’s definition of attainable housing as contained in the adopted Niagara Official Plan. As definitions do not form part of the City's Official Plan, no change to the OPA 149 document is required. Process and Next Steps As staff have sought and obtained an exemption from Regional Council approval, City Council will be the approval authority for OPA 149. Following the adoption of OPA 149 at a future meeting of Council, staff will issue and circulate a Notice of Decision pursuant to Section 17 of the Planning Act. Approval of OPA 149, pending the 20 day appeal period, will allow staff to move forward and implement the policies of OPA 149. Conclusion Staff is recommending that Council receive the public input presented at the Public Meeting and bring forward OPA 149 to a future meeting of Council for adoption. Once adopted by Council, OPA 149 which will begin to implement the City’s Housing Strategy by promoting a more diverse mix and range of housing options to meet the City’s current and future demand. Financial Implications/Budget Impact The amendment was funded through the 2022 Council approved Planning operating budget. There are no direct financial implications arising from this report. Strategic/Departmental Alignment Page 5 of 19 Page 428 of 1156 The development of a Housing Strategy and an amendment to the City's Official Plan to implement the Strategy are consistent with the City's strategic priority of Diverse and Affordable Housing. List of Attachments Appendix 1 OPA 149 Housing Policies Appendix 2 - Summary of Comments Written by: Brian Dick, Manager of Policy Planning Submitted by: Status: Brian Dick, Manager of Policy Planning Approved - 03 Aug 2022 Jason Burgess, CAO Approved - 04 Aug 2022 Page 6 of 19 Page 429 of 1156 CITY OF NIAGARA FALLS By-law No. 2022- A by-law to provide for the adoption of Amendment No. 149 to the City of Niagara Falls Official Plan. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS, IN ACCORDANCE WITH THE PLANNING ACT, 1990, AND THE REGIONAL MUNICIPALITY OF NIAGARA ACT, HEREBY ENACT AS FOLLOWS: 1. The attached text constituting Amendment No. 149 to the City of Niagara Falls Official Plan is hereby adopted. 2. This by-law will come into force and effect on the day of the approval of the amendment by the Regional Municipality of Niagara. Passed this _ day of _, 2022. ..................................................................... ............. ................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: Page 7 of 19 Page 430 of 1156 OFFICIAL PLAN AMENDMENT NO. 149 PART 1 – PREAMBLE (i) Purpose of the Amendment The purpose of the amendment is to update existing policies and introduce new policies within the City of Niagara Falls Official Plan respecting housing to implement Actions 1, 2, 5, 10 and 11 of the City of Niagara Falls Housing Strategy. (ii) Location of the Amendment The amendment applies to all lands within the City of Niagara Falls. (iii) Details of the Amendment Text Change • The amendment introduces a new Part 1- Section 4- Housing to the Official Plan to implement Actions 1, 2, 5, 10 and 11 of the City of Niagara Falls Housing Strategy • The following minor revisions were are also made: - Introduction of a new Growth Objective in Part 1- Section 2 related to increasing the supply of affordable housing; - Introduction of the provision of affordable and attainable housing as an assessment criteria for property acquisition, investment and public/private partnerships, and the sale of surplus land (Part 1- Section 3, Policy 3.14.4) - Relocation the broad city-wide affordable housing policies contained within Part 2- Section 1 to the newly created Part 1- Section 4 - Housing - Renumbering of policies, as appropriate. (iv) Basis of the Amendment Dillon Consulting Limited (Dillon), in collaboration with Tim Welch Consulting (TWC) were retained by the City in late 2020 by the City of Niagara Falls to conduct Housing Directions Study with the intent to undertake technical background research to inform the development of a Housing Strategy to help guide the City in meeting the various housing needs of current and future residents of Niagara Falls. The study assessed the City’s socioeconomic and demographic composition and reviewed the City’s residential land supply in terms of its ability to meet growth allocations the 2051 planning horizon, as well as in terms of the suitability of the housing mix distribution in providing housing types that could meet the financial needs of current and future residents. Based on the technical work completed and documented in the Housing Needs and Supply Report, a Housing Strategy was prepared, which included a vision and goals for housing in the City; and, a twenty-one (21) theme-based actions to be implemented by the City to address housing gaps in the short, medium, and long term. The Niagara Falls Housing Directions Study was subject to engagement via an online survey and targeted stakeholder interviews in the early phases of the work. A Technical Advisory Page 8 of 19 Page 431 of 1156 Committee (TAC) was also formed to provide input on key deliverables throughout the duration of the project. Presentations to Council occurred on June 22, 2021, to present the Housing Needs and Supply Study; and, on March 22, 2022 to present the Housing Strategy. At the Council meeting of March 22, 2022, Council endorsed the Housing Strategy and directed staff to initiate the formal Official Plan Amendment process to implement the policy-based short-term actions (Actions 1, 2, 5, 10 and 11 of the Housing Strategy), with other policy-based actions to be implemented at a later date as part of the City’s Official Plan Review. The Statutory Public meeting under the Planning Act was held on August 9, 2022. Page 9 of 19 Page 432 of 1156 PART 2 - BODY OF THE AMENDMENT All of this part of the document entitled PART 2 – Body of the Amendment, consisting of the following text and attached maps, constitute Amendment No. 149 to the Official Plan of the City of Niagara Falls. DETAILS OF THE AMENDMENT The Official Plan of the City of Niagara Falls is hereby amended as follows: 1. TEXT CHANGES a) PART 1, SECTION 2 STRATEGIC POLICY DIRECTION is amended by adding the following new growth objective as item 14 in the list of Growth Objectives: 14. To increase the supply of affordable housing options in the City and aim to achieve an annual target of 40% of all new housing developed meeting the definition of “affordable” b) PART 1, SECTION 3, INTENSIFICATION, Policy 3.2, Policy 3.4, Policy 3.6, and Policy 3.7 are all amended by replacing the reference to Part 2, Section 1.15.5 (iii) with Part 2, Section 1.11.4 (iii) in all instances c) PART 1, SECTION 3, INTENSIFICATION, Policy 3.14.4 is amended as shown below, with additions shown highlighted and underlined: Section 28 of the Planning Act permits municipalities to acquire land for the purpose of community improvement. The Community Improvement Plan for each node provides for a general program for the City’s involvement in property acquisition, investment and public/private partnerships. Council may also consider selling surplus City-owned land for redevelopment. In such cases, the City will also undertake a process that requires interested parties to submit a proposal for the development of the lands. These proposals shall be assessed on specific criteria established for the subject lands and the following policies: • compliance with the policies of this Plan; • consistency with the goals and objectives of the Community Improvement Plan; • sensitivity of the proposal to the surrounding land uses and heritage character; • the potential of the proposal to stimulate further regeneration and intensification; • the provision of affordable and attainable housing; and • the financial impacts of the proposal on the City. Page 10 of 19 Page 433 of 1156 d) PART 1, SECTION 4, HOUSING is added in its entirety, as shown below: “SECTION 4 HOUSING A range of housing which is affordable, accessible, adequate, and appropriate s is needed to ensure a high quality of life for residents. In order to meet the needs of current and future residents, a range of housing options is needed that includes the full spectrum of housing types, such as emergency shelters, transitional housing, subsidized and/or government assisted housing, affordable rental housing, affordable home ownership, market rental housing, market home ownership, and supportive housing. Planning for and supporting housing affordability is a shared responsibility between the City of Niagara Falls and Niagara Region. City Council also has an important role to play in housing affordability. City Council should have an understanding of the housing needs of residents across the entire housing spectrum and can advocate for housing affordability to other levels of government, develop partnerships with local providers, agencies and the private sector and educate the community more broadly about housing needs and affordability in the City. Understanding this shared responsibility is key to ensuring people living within Niagara Falls are served by effective local and regional municipal partnerships and collaboration that support housing affordability in the City. The policies in this section conform to the policy framework established in the Niagara Official Plan, and are intended to meet the following vision and goals for housing to assist in addressing housing needs as outlined in the City’s Housing Strategy. VISION AND GOALS FOR HOUSING Vision All residents have safe, stable and appropriate housing to meet both their physical and financial needs throughout the various stages of life. Goals 1. Ensure housing is available throughout the City to meet the varying financial needs of existing and future residents. 2. Diversify the City’s housing supply to include a wider range of price points; mix of housing types and densities; and, a range of options for housing tenure (rental and ownership). 3. Remove barriers to the creation of a range and mix of housing types, including alternative forms of housing throughout the City. 4. Understand the City’s housing system moving forward through continuous and ongoing comprehensive data collection, monitoring and reporting. 5. Cultivate and maintain strong relationships with regional and municipal partners, other levels of government, the private sector, and not-for-profit sectors to advance the various actions set out in the City’s Housing Strategy. GENERAL POLICIES FOR HOUSING Page 11 of 19 Page 434 of 1156 4.1 The City supports a range of housing uses and built form types, including housing that is affordable. To achieve this the City shall: • Provide opportunities for the development of affordable housing across the municipality • Establish targets for affordable housing • Promote a greater diversity of housing types • Ensure a healthy supply of rental units • Increase public awareness about housing and provide advocacy for partnerships • Provide a variety of financial incentives to promote and facilitate the development of affordable and rental housing • Monitor and report on an ongoing basis to measure the efficacy of implementation of the City’s Housing Strategy, address emerging housing needs and ensure actions are met within the stated timeframes 4.2 The City’s Housing Strategy and key actions shall be implemented in collaboration with the Region, senior levels of government, the development industry, community partners and other stakeholders to increase housing options, including affordable and purpose-built rental options. 4.3 Opportunities for a choice of housing including type, tenure, cost and location shall be provided to meet the changing needs of households throughout the Built-up Area and Greenfield Area. In order to achieve this goal, the City shall support the following: 4.3.1 Multiple unit developments, smaller lot sizes and innovative housing forms. 4.3.2 Development of vacant land, and more efficient use of under-utilized parcels and existing housing stock. 4.3.3 The full utilization and consolidation of properties to achieve larger scale and more comprehensive residential development. 4.3.4 Development of housing in conjunction with commercial developments in order to create walkable neighbourhoods. 4.3.5 Accessory dwelling units in single-detached, semi-detached and townhouse dwellings in accordance with the legislation set out in the Planning Act and as further regulated through the policies of this Plan and the Zoning By-law 4.4 Applications for an Official Plan Amendment, Zoning By-law Amendment, Draft Plan of Subdivision, and Draft Plan of Condominium shall include, as part of a complete application, the submission of a housing impact statement, either as a standalone report for large- scale projects, or as a section within a planning justification report for small-scale projects, demonstrating how the proposal implements the City’s Housing Strategy. The housing impact statement shall include the following: a) The proposed housing mix by dwelling type and number of bedrooms, as applicable; b) How the proposal contributes to achieving the City’s annual housing targets as outlined in Part 1, Section 4, Policy 4.9 a) and b); Page 12 of 19 Page 435 of 1156 c) The estimated rents and/or sales prices of the development, indicating where they are either above or below the threshold for affordable as defined by the Niagara Region; d) Where construction of the units is expected to occur in phases, information regarding the number of housing units that would meet Niagara Region’s definition of affordable to be provided per phase, where applicable; and, e) The proposed legal and/or financial mechanisms to ensure the delivery of any proposed new affordable housing commitments, and mechanisms to retain the long-term affordability of units, where applicable. 4.5 A housing impact statement as set out in Policy 4.4 is required where a development proposal would result in the loss of six or more existing rental housing units, and will also require: a) A tenant relocation plan; and, b) How the rental units will be replaced, either on site or at a new location 4.6 The City, in its review of subdivision/rezoning applications, will encourage provision of varying lot sizes, housing form and unit size in order to contribute to affordability. 4.7 The City will collaborate with Niagara Region, Niagara Regional Housing and other agencies in the provision of affordable housing and the development of targets for affordable housing. 4.8 Based on projections, it is expected that 20,220 new residential units will be built in the City between 2021 and 2051, or 674 new units on an annual basis. The City will aim to exceed the minimum targets for affordable housing established by the Niagara Region, which is set as 20% of all new rental housing built will be affordable and 10% of all ownership will be affordable. As such, the City has set an annual target of 40% of all new units meeting the definition of “affordable”. In this regard, the City will aim to achieve a minimum of 270 units to be built annually between 2021 and 2051 and beyond as affordable, with the following breakdown (the figure below provides an illustration of this for further clarity): a) 135 units per year to be built with a purchase price or rental price at or below the identified threshold for affordable in accordance with the Niagara Region’s definition of affordable b) 135 units per year to be built as rental units that would be affordable to rental households in the 30th income percentile or lower based on income deciles presented in the City’s annual housing monitoring report. Rental unit support provided by Regional Housing Services shall be in alignment with the Region’s Consolidated Housing Master Plan and dependent on available resources. Page 13 of 19 Page 436 of 1156 4.9 The City will consult with all levels of government and government agencies to: a) identify surplus government lands and/or buildings that may be suitable for affordable and attainable housing development; b) prioritize the sale of suitable surplus municipal property for the development of affordable and attainable housing in accordance with the City’s By-laws; and c) Identify brownfield and greyfield sites, including underutilized commercial sites or strip plazas, outside employment areas for mixed-use residential intensification and affordable housing development. 4.10 In disposing of City- owned surplus lands that are suitable for residential use, Council shall consider offering the lands to not-for-profit organizations for affordable housing. Similarly, various boards, commissions and agencies shall be encouraged to dispose of surplus lands suitable for residential use for the purpose of affordable housing development. 4.11 The City may consider the purchase of surplus institutional sites for the purposes of providing additional opportunities for affordable housing or other broader community needs. The City may also consider developing partnerships with the Region or not-for- profit housing providers in the redevelopment of surplus school sites. 4.12 The City supports the provision of accessory dwelling units. Accordingly, accessory dwelling units shall be permitted by the Zoning By-law in single detached, semi- detached or townhouse dwellings. Zoning regulations shall be based on the following: 4.12.1 An additional dwelling unit in the principal building and an additional dwelling unit in an ancillary building, for a total of three residential dwellings on one property, shall be permitted. Page 14 of 19 Page 437 of 1156 4.12.2 The lot size and configuration are sufficient to accommodate adequate parking, green spaces, private servicing requirements and amenity areas for both the principal dwelling and the accessory dwelling unit(s). 4.12.3 The accessory dwelling unit(s) meets all applicable law. 4.12.4 The overall appearance and character of the principal dwelling shall be maintained. 4.12.5 Accessory structures that have an accessory dwelling unit shall not be severed from the principal dwelling. 4.13 The conservation and renewal of the existing housing stock shall be encouraged as an important element in meeting future housing needs. In addition, the maintenance and rehabilitation of existing housing will be promoted by discouraging unnecessary demolition or conversion to non-residential uses through such mechanisms as demolition control and application of the Maintenance and Occupancy Standards By- law. 4.14 The conversion of residential rental properties to a purpose other than a residential rental property with six or more units, the demolition of residential rental properties with six or more units, or the assembly of residential rental properties for the purposes of redevelopment with a cumulative total of six or more units, will not be permitted if it adversely impacts the supply of rental housing, as determined by housing targets, including affordable rental targets, set out in this Plan, the Niagara Region Official Plan; or, as determined by rental vacancy rates being below the minimum 3 per cent threshold. 4.15 Rental accommodation shall further be protected from condominium conversion by prohibiting the conversion of rental accommodation to condominium tenure when the vacancy rate is at or below 3 per cent over the preceding three year period. 4.16 The City’s housing market shall be monitored. The City shall initiate, when required, changes to municipal policy to satisfy local housing requirements. This annual monitoring program will include various housing-related information with particular emphasis on the following items. 4.16.1 Residential land supply. 4.16.2 The range of housing forms built in new residential development. 4.16.3 New housing prices relative to household income distribution. 4.16.4 Intensification performance analysis. 4.16.5 Accessory dwelling units, including the number of units registered and incentive uptakes, if applicable. 4.17 The City will implement a Demolition and Conversion Control By-law and a Rental Replacement By-law to further ensure protection of rental housing options. Page 15 of 19 Page 438 of 1156 4.18 The City will explore opportunities to implement Inclusionary Zoning in the Downtown Niagara Falls Protected Major Transit Station Area, where a Municipal Assessment Report completed in accordance with O. Reg 232/18, under the Planning Act, demonstrates financial viability of implementing such a tool. 4.19 The City will address housing affordability gaps through the provision of a suite of tailored incentives through an affordable and rental housing Community Improvement Plan. The City will work with the Region to identify opportunities for partnership and alignment for affordable and rental housing. 4.20 The City will provide ongoing monitoring and reporting on the implementation and achievement of the targets set out in the Housing Strategy and in this Plan. An annual report will be provided to Council to update on progress in implementing the Housing Strategy.” e) PART 2 SECTION 1 RESIDENTIAL is modified by deleting the following policies as they have been incorporated into the newly created PART 1, SECTION 4 HOUSING; and, renumbering the policies in PART 2 SECTION 1 RESIDENTIAL accordingly: • General Policy 1.2 • General Policy 1.10 • General Policy 1.11 • General Policy 1.13 • General Policy 1.14 Page 16 of 19 Page 439 of 1156 PBD-2022-60 August 9, 2022 Appendix II OPA 149 – Housing Policies SUMMARY OF COMMENTS REMOTE OPEN HOUSE – JULY 19, 2022 @ 5pm Name/Author Date (verbal submissions at Open House) Staff Response Staff Action Michael Auduong, Armstrong Planning • Questioned on how the City will achieve the 40% affordability target. • The target is applied across the municipality as a whole and may not apply to small developments. Planning applications will be assessed on a case-by-case basis. • No action required Written Comments received through Circulation: Name/Author Date Submitted Comments Staff Response Staff Action Jasleen Kaur, Enbridge July 18, 2022 • No Objections • No response. No action required. Kathleen MacCarthy July 13, 2022 • Does the City recognize housing as a human right? • Does the amendment: o contain strategies to protect the most vulnerable? o create, protect and upgrade existing non-market housing? o Help to break the addiction to high home values and dial down harmful demand via money laundering, borrowing and bidding, speculation, foreign buyers, house flippers and increased transparency in real estate? • Although important, these concerns are beyond the scope of a land use amendment. • The City will continue to collaborate with all other levels of government to bring more affordable housing online. No action required through the land use amendments. • Build new and deeply affordable housing; planning and land zoning directly for affordable use • Zoning regulations cannot directly control housing/rental affordability. Limits • The public is directed to Regional Public Housing and Page 17 of 19 Page 440 of 1156 2 PBD-2022-60 August 9, 2022 Name/Author Date Submitted Comments Staff Response Staff Action • Rent control on all developments receiving municipal funds • Affordable units kept affordable forever • Enforcement of maximum yearly rent increase on all rental units, market and subsidized; Create a public registry of market rental units; Create a landlord licensing program to monitor rent hikes, renovictions and tenant buyouts; monitor the resale of rental buildings • Require tenant relocation plans from property owners; conversion penalties if rents are increased • Block public funds/permit approvals to predatory landlords • Enforce property standards to address slum lords • Grandfather in no- smoking policies in all rental buildings • Create effective strategies to address the proliferation of bedbugs and cockroaches in rental buildings • Stringent licensing and regulations in all short term rentals • Pass by-laws to permit alternative solutions such as secondary units, tiny homes and modular homes • Build centralized high density housing with transit access – make use of infrastructure to lot size/unit size may be utilized to assist with affordability. • Rent control, ownership rights, landlord tenant rights, private property sales, illegal activities, health regulations are beyond the scope of the land use documents and municipal government • OPA #149, Policy 4.5 requires that, where there is a development proposal, a tenant relocation plan where 6 or more existing rental units are facing conversion or a plan of how and where the units will be replaced. • The City’s Vacation Rental Units and B&B sets out regulations and licensing requirements for short term rentals. • Policy 4.12 supports the creation of secondary units in conformity with the Planning Act. • OPA #149 policies support the efficient use of infrastructure and high-density development to increase and Public Health for their mandates regarding public housing standards and pest management control. Page 18 of 19 Page 441 of 1156 3 PBD-2022-60 August 9, 2022 Name/Author Date Submitted Comments Staff Response Staff Action • Cut through red tape, stream line efficiency and reduce delays • Rigorous taxes and restrictions on Air B&Bs diversify the housing supply. • The City is implementing the streamlining directions of the Provinces Bill 109. Alexandria Tikky, Niagara Region Planning July 25, 2022 • Inclusion of the Region’s minimum targets for affordable housing (20% of all new rental and 10% of new ownership) is required for conformity to the Region’s new Official Plan. • Also requested is the addition of a sentence to clarify that rental unit support from Regional Housing Services is dependant on the availability of their resources. • Planning Staff are supportive of the Region’s modifications as requested. • OPA #149 updated to include the Region’s comments Ellen Savoia, Niagara Parks Commission • No comments or concerns. • No response. • No action required. Page 19 of 19 Page 442 of 1156 Statutory Public Meeting Official Plan Amendment 149-Housing Policies Tuesday, August 9, 2022 CITY OF NIAGARA FALLS HOUSING STRATEGY Page 443 of 1156 Background and Overview Page 444 of 1156 Project purpose and overview •Deliver a Housing Strategy which provides a range of affordable housing options throughout the City –Housing need and supply analysis –Strategy development –Recommend policies to support strategic actions 3 | N i a g a r a F a l l s H o u s i n g S t r a t e g y -O P A P u b l i c M e e t i n gPage 445 of 1156 Technical work provides insight into local housing realities and presents a range of actions to address housing needs in the City 4 | N i a g a r a F a l l s H o u s i n g S t r a t e g y -O P A P u b l i c M e e t i n gPage 446 of 1156 There are many ways of defining “affordable” and the numeric value of what “affordable” may be varies by community based on demographic and financial composition 5 | N i a g a r a F a l l s H o u s i n g S t r a t e g y -O P A P u b l i c M e e t i n gPage 447 of 1156 Almost half of households in the City report before-tax earnings of less than $60,000 a year. The City’s median household income is lower than the Regional and Provincial medians 5.4 5.4 5.6 24.5 22.2 19.1 19.4 17.7 15.4 15.2 14.4 13.5 11.4 11.4 11.4 9.6 11.4 10.8 14.5 17.5 24.1 Niagara Falls Region of Niagara OntarioProportion of Population (%)Under $15,000 $15,000- $39,999 $40,000- $59,999 $60,000-$79,999 $80,000 to $99,999 $100,000 to $119,999 $120,000 and above 6 | N i a g a r a F a l l s H o u s i n g S t r a t e g y -O P A P u b l i c M e e t i n gPage 448 of 1156 Average rents in Niagara Falls continue to rise and are not affordable to many households, particularly those earning less than $45,000 annually. There is also a lack of available vacant rental supply in the primary rental market Average Rental Prices: Niagara Falls, October 2021 (CMHC) Unit Type 100% Average Market Rent 1 bedroom $1,034 2 bedroom $1,183 3 bedroom $1,130 Affordable Rental Prices based on Annual Income Annual Household Income (2021) Affordable Monthly Rent $95,900 and above $2,400 $77,900 and above $1,950 $60,000 and above $1,500 $45,700 and above $1,141 $45,300 and above $1,140 $38,300 and above $958 $36,600 and above $913 $30,700 and above $766 Rental Vacancy Rate:Niagara Falls, October 2021 (CMHC) Unit Type Vacancy Rate 1 bedroom N/A (2020 indicates 1.4%) 2 bedroom 1.7% 3 bedroom 4.0% Average 1.9% 7 | N i a g a r a F a l l s H o u s i n g S t r a t e g y -O P A P u b l i c M e e t i n gPage 449 of 1156 The average selling price for market dwellings is increasing year over year. Very few ownership housing options are affordable to households earning less than $85,000 annually Annual Household Income Affordable Ownership Price $95,900 and above $499,500 $77,900 and above $405,300 $60,000 and above $312,300 $45,300 and above $235,800 8 | N i a g a r a F a l l s H o u s i n g S t r a t e g y -O P A P u b l i c M e e t i n gPage 450 of 1156 Report findings recommend the preparation of a Housing Strategy to address identified gaps and needs •Focus on –Supporting and permitting higher density housing types –Supporting and permitting alternate forms of housing –Strengthening the City’s secondary suite policy framework –Strengthening rental demolition and conversion policies –Establishing targets for affordability –Align local housing policies with Regional housing policies as set out in the New Region of Niagara Official Plan 9 | N i a g a r a F a l l s H o u s i n g S t r a t e g y -O P A P u b l i c M e e t i n gPage 451 of 1156 The Housing Strategy turns the preliminary recommendations from the Housing Needs and Supply Report into implementable actions •Provides a vision, goals and roadmap to addressing housing gaps in the City •Six themes guide the strategy, with actions identified under each theme that the City can take to address housing gaps •Priority actions are identified that the City should implement in the very near term 10 | N i a g a r a F a l l s H o u s i n g S t r a t e g y -O P A P u b l i c M e e t i n gPage 452 of 1156 Proposed Official Plan Amendment Page 453 of 1156 The OPA implements 5 of the 21 Actions in the Strategy Action 1: Update the City’s Official Plan to include Affordable Housing Target(s) Action 2: Update the City’s Official Plan to include a framework for achieving the Affordable Housing Target(s) Action 5: Provide opportunities for the creation and ongoing monitoring of second units Action 10: Clearly Define the City’s Role and Responsibility in Supporting Housing Affordability Action 11: Develop a policy to review all surplus municipal land for housing suitability 12 | N i a g a r a F a l l s H o u s i n g S t r a t e g y -O P A P u b l i c M e e t i n gPage 454 of 1156 A new Part 1, Section 4-HOUSING is to be added to the Official Plan •Preamble, vision and goals •General policies for housing-including existing policies and new policies 13 | N i a g a r a F a l l s H o u s i n g S t r a t e g y -O P A P u b l i c M e e t i n gPage 455 of 1156 Annual targets for affordability are established in the OPA 14 | N i a g a r a F a l l s H o u s i n g S t r a t e g y -O P A P u b l i c M e e t i n gPage 456 of 1156 Applications for residential development will be required to submit a Housing Impact Statement that includes the following information: •The proposed housing mix by dwelling type and number of bedrooms, as applicable; •How the proposal contributes to achieving the City’s annual housing targets; •The estimated rents and/or sales prices of the development, indicating where they are either above or below the threshold foraffordable as defined by f Niagara Region; •Where construction of the units is expected to occur in phases, information regarding the number of housing units that would meet Niagara Region’s definition of affordable to be provided per phase, where applicable; and, •The proposed legal and/or financial mechanisms to ensure the delivery of any proposed new affordable housing commitments, andmechanisms to retain the long-term affordability of units, where applicable. •Where the development results in the loss of six or more existing rental housing units, the following additional items are to beprovided in the Housing Impact Statement –A tenant relocation plan; and, –How the rental units will be replaced, either on site or at a new location 15 | N i a g a r a F a l l s H o u s i n g S t r a t e g y -O P A P u b l i c M e e t i n gPage 457 of 1156 Demolition and conversion control policies added and/ or modified •The conversion of residential rental properties to a purpose other than a residential rental property with six or more units, the demolition of residential rental properties with six or more units, or the assembly of residential rental properties for the purposes of redevelopment with a cumulative total of six or more units, will not be permitted if it adversely impacts the supply of rental housing, as determined by housing targets, including affordable rental targets, set out in this Plan, the Niagara Region Official Plan; or, as determined by rental vacancy rates being below the minimum 3 per cent threshold. •Rental accommodation shall further be protected from condominium conversion by prohibiting the conversion of rental accommodation to condominium tenure when the vacancy rate is at or below 3 per cent over the preceding three year period •The City will implement a Demolition and Conversion Control By-law and a Rental Replacement By-law to further ensure protection of rental housing options. 16 | N i a g a r a F a l l s H o u s i n g S t r a t e g y -O P A P u b l i c M e e t i n gPage 458 of 1156 Surplus land policies and school site acquisition policies modified •In disposing of City-owned surplus lands that are suitable for residential use, Council shall consider offering the lands to not-for-profit organizations for affordable housing. Similarly, various boards, commissions and agencies shall be encouraged to dispose of surplus lands suitable for residential use for the purpose of affordable housing development. •The City may consider the purchase of surplus institutional sites for the purposes of providing additional opportunities for affordable housing or other broader community needs. The City may also consider developing partnerships with the Region or not-for-profit housing providers in the redevelopment of surplus school sites. 17 | N i a g a r a F a l l s H o u s i n g S t r a t e g y -O P A P u b l i c M e e t i n gPage 459 of 1156 Accessory dwelling unit policies updated to reflect new Planning Act legislation •Dwelling units shall be permitted by the Zoning By-law in single detached, semi-detached or townhouse dwellings. Zoning regulations shall be based on the following: –An additional dwelling unit in the principal building and an additional dwelling unit in an ancillary building, for a total of three residential dwellings on one property, shall be permitted. –The lot size and configuration are sufficient to accommodate adequate parking, green spaces and amenity areas for both the principal dwelling and the accessory dwelling unit(s). –The accessory dwelling unit(s) meets all applicable law. –The overall appearance and character of the principal dwelling shall be maintained. –Accessory structures that have an accessory dwelling unit shall not be severed from the principal dwelling. 18 | N i a g a r a F a l l s H o u s i n g S t r a t e g y -O P A P u b l i c M e e t i n gPage 460 of 1156 Enabling policies for Inclusionary Zoning and Community Improvement have been added •The City will explore opportunities to implement Inclusionary Zoning in the Downtown Niagara Falls Protected Major Transit Station Area, where a Municipal Assessment Report completed in accordance with O. Reg232/18, under the Planning Act, demonstrates financial viability of implementing such a tool. •The City will address housing affordability gaps through the provision of a suite of tailored incentives through an affordable and rental housing Community Improvement Plan. The City will work with the Region to identify opportunities for partnership and alignment for affordable and rental housing. 19 | N i a g a r a F a l l s H o u s i n g S t r a t e g y -O P A P u b l i c M e e t i n gPage 461 of 1156 Policy direction for monitoring has been revised •The City’s housing market shall be monitored. The City shall initiate, when required, changes to municipal policy to satisfy local housing requirements. This annual monitoring program will include various housing-related information with particular emphasis on the following items. –Residential land supply –The range of housing forms built in new residential development. –New housing prices relative to household income distribution. –Intensification performance analysis. –Accessory dwelling units, including the number of units registered and incentive uptakes, if applicable. •The City will provide ongoing monitoring and reporting on the implementation and achievement of the targets set out in the Housing Strategy and in this Plan. An annual report will be provided to Council to update on progress in implementing the Housing Strategy. 20 | N i a g a r a F a l l s H o u s i n g S t r a t e g y -O P A P u b l i c M e e t i n gPage 462 of 1156 Proposed Official Plan Amendment •Circulated notice on July 6, 2022 •Open House on July 19, 2022 –1 attendee •Comments from one member of the public received •Regional comments received –Exempt from Regional approval •Receive input at today’s meeting •Forward final amendment to Council for adoption 21 | N i a g a r a F a l l s H o u s i n g S t r a t e g y -O P A P u b l i c M e e t i n gPage 463 of 1156 CLK-2022-15 Report Report to: Date: August 9, 2022 Title: Fee Waiver Application - Niagara Falls International Marathon Inc. Recommendation(s) That Council approve the Fee Waiver Application for: 1) Niagara Falls International Marathon - in the amount of $11,000.00, to waive the fees associated with the road closure costs (staffing and equipment) and for the charter fees for the transit vehicle request. 2) That Council acknowledge the out of budget expenditure (if approved, the fee waiver budget would be over-budget by $26,524.86) 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 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: Page 1 of 8 Page 464 of 1156 •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 the Niagara Falls International Marathon Inc., shows that the request is for an amount of $11,000.00. This request would cover the charter fees for the transit vehicle request ($10,000.00) and for the costs associated with the road closure costs ($1,000.00). 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: The Niagara Falls International Marathon is a goal event for both tourists and locals. Local runners use existing recreation facilities & trails to train for this event. The event and our Move Niagara program provides motivation within the community to get active and increase their fitness level. Most major cities in the world have a marathon event, however Niagara Falls is unique in that it also provides participants a world class tourism experience. The tourist draw provides local business accommodation and restaurant revenue as well as the ancillary services the marathon purchases directly from local business. In addition the more local participants (within 2-3 hours drive) also provides local economic stimulus from visitors that would not regularly make the trip to Niagara Falls. Financial Implications/Budget Impact If approved, the $11,000.00 fee waiver total would be withdrawn from the $51,000.00 allocated from the 2022 operating budget. Organization/ Event Fees Waived By Council (2022) 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 Page 2 of 8 Page 465 of 1156 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 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 Approved for 2022 $66,524.86 Requests for Consideration: Niagara Falls International Marathon $11,000.00 Total if approved in this report $77,524.86 List of Attachments Fee Waiver Application - Niagara Falls International Marathon Written by: Heather Ruzylo, Clerks & Council Services Coordinator Submitted by: Status: Jason Burgess, CAO Approved - 02 Aug 2022 Page 3 of 8 Page 466 of 1156 Page 4 of 8 Page 467 of 1156 W Fee Waiver Application Form Niagara?all ('\\\ID\ A -licant Information Nameof?vent;Niagara Falls International Marathon o,ga,,;,a?o,,Name:Niagara Falls International Marathon Inc. Organization Address:5603 Spring St city;Niagara Falls posta|Code:L2G 1P7 comacmame,Henri Ragetlie position;Co-Race Director Phone Number (days):(9O5)356'946O Phone Number (evenings):(905)328‘3136 Ema":racedirector@niagarafallsmarathon.com website:https://niagarafallsmarathon.com Type of Organization: Not-for-pro?t Incorporation #:Ontano 12961 03 Charitable Organization Registration #2 C Other (please specify): Waivin -of Fees The City of Niagara Falls willwaive fees that would have been charged by the City for eligible non-pro?t groupsororganizationsthatprovideprograms,services or events that are of a general benefit to the community.FeeWaiverPolicy(700.22)is to ensurethat the City's support of functions and events through the waiving of feesisfacilitatedinafairandequitablemanneranddoesnotburdentheCity's annual operating budget. Examples of City fees that can be waived include,but are not limitedto:-Park permit fees -Rental of City Property -Road Closure Fees -Staf?ng costs outside normal operations Note:insurance fees willnot be waived.Page 1 of 4Page 5 of 8Page 468 of 1156 WQ Fee Waiver Application Form Niagara?all (\\\I)\ Form Submission Information Applications can be submitted by email to:clerk@niagarafaIls.ca In person or by mail to:City Hall 4310 Queen Street Niagara Falls,ON L2E 6X5 Clerks Department Hours:8:30am —4:30pm Activit or Event information Amount of Request: Fees to be Waived (i.e.facility rental,park permit,etc.):road ClosuresShut?e buses»park permit ____:_______:_____ Dates and Times:Sat Oct 22 11:00am -7:30pm park permit,Sun Oct 23 road closure 5:00am to 4:00pm &buses from 6:30am to 3:30pm.. Purpose of?vent;Niagara Falls InternationalMarathon_ Number of People Expected:3700 plus 4000 epeetetere Admission Fee (If applicable):race entry fee Are you sewing food?pest reee refreshments at ?nish “me Are you serving alcohol?no»the NPC is- Activit or Event Description 1.How willyour activity or event enhance recreation and community services in the City of NiagaraFalls? The Niagara Falls InternationalMarathon is a goal event for both tourists and locals.Local runnersuseexistingrecreationfacilities&trails to train for this event.The event and our Move Niagaraprogramprovidesmotivationwithinthecommunitytogetactiveandincreasetheir?tness level. 2.Please describe the projected social,cultural,economic and environmental im event willhave on the Ci and its provides participants a world class tourism experience.The tourist draw provides local businessaccommodationandrestaurantrevenueaswellastheancillaryservicesthemarathonpurchasesdirectlyfromlocalbusiness.In addition the more local participants (within 2-3 hours drive)alsoprovideslocaleconomicstimulusfromvisitorsthatwouldnotregularlymakethetriptoNiagara Falls.Page 2 of 4Page 6 of 8Page 469 of 1156 i/Q Fee Waiver ApplicationForm N iagara?alls (\\\I)\ 3.What willthe imp_acton the event be if the fee is not waived?I Without the waiving of the fees the event would be signi?cantly more expensive for participants and the event would dwindle in size and eventually disappear. :14.Are ou seekin fundin from an other sources?Fundraisin ,rants,s onsorshi s Yes,we are seeking to continue existing sponsorships and gain new sponsorships to help enhance the event or reduce the cost to participants. 5.What features willyou have in place to ensure that your event is accessible to all residents (residents with disabilities)_?_ Accessible washrooms and walkways.Everything is outdoors at one level. A o Iication Checklist Please submit one copy of each of the following documents. Mandatog Documents 3 A detailed budget,showing revenues and expenditures Documents relating to City rental permit (if applicable): o Dates,times and location of event -All City fees associated with the event Con?rmation letter from charity (if applicable): o For special events whereby a portion or all of the proceeds are being donated to charity,a con?rmation letter from that charity must accompany the application Please list the cost of all fee waivers reguested ?page_2:Amount $Charter fees for transit vehiclerequest =$10,000 0Roadclosurestaffingandequipmentcosts=$1,000 $1190Completedby:M.Bilodeau,Manager Transportation‘Signatur-e)‘/~Transit Z1 Page 3 of 4Page 7 of 8Page 470 of 1156 \Fee Waiver Application Form N iagara?qw s l)\ Authorization for A -lication On behalf of,and with the authority of,the above-mentionedorganization,we certify that the information giveninthisapplicationforwaivingofCityfeesistrue,correct and.comp|ete in every respect./ ill?eél, Signature of Senior Staff Person Henri Ragetlie,Co-Race Director July 28,2022 Name and Title Date Dean lorfida,Board Chair July 28.2022 Name and TitleSignatureofardhairIRepresentative Date Personal Information Consent Personal information,as de?ned in the Municipal Freedom of lnfonnation and Protection of Privacy Act(MFIPPA),is collected under the authority of the Municipal Act,2001,as amended,and in accordance withMFIPPA.Personal informationcollected on this application form willbe used to assist in granting fee waiversandwillbemadeavailabletothemembersofCityCouncilandstaffandusedforadministrativepurposes. Information collected may be subject to disclosure in accordance with the provisions of MFIPPA.The Cityreservestherighttoverifyallinformationcontainedinsubmissions. Questions regarding the collection,use and disclosure of this personal informationmay be directed to the CityClerk,BillMatson,at bmatson@niagarafalls.ca By completing this application form,you consent to the collectionand disclosure of your personal information, and to its use by the City of Niagara Falls,as described above. Page 4 of 4Page 8 of 8Page 471 of 1156 F-2022-31 Report Report to: Mayor and Council Date: August 9, 2022 Title: Policies relating to sections 26.1 and 26.2 of the Development Charges Act, 1997, S.O. 1997, c. 27 Recommendation(s) That Council adopt a policy regarding the timing of development charge calculation, installment payments, and interest accrual on develo pment charge payments for the purposes of sections 26.1 and 26.2 of the Development Charges Act in the form attached at Appendix 1 of this report. Executive Summary On January 1, 2020, sections 26.1 and 26.2 of the Development Charges Act came into effect. Section 26.1 permits applicants of eligible development the ability to pay development charges in annual installments. Section 26.2 outlines when the amount of development charges are determined, which may result in the non-indexing ("freezing") of development charge rates. Both sections permit the City to charge interest, not exceeding the prescribed maximum interest rate. This report provides background on the policy enacted by Niagara Region with respect to these sections of the Development Charges Act. Staff recommend that the City adopt a similar policy to that of the Region, including an equivalent interest rate of 5% for both sections 26.1 and 26.2, except where development projects are deemed to align with the strategic initiatives of the City. Background 1. Starting January 1, 2020, sections 26.1 and 26.2 of the Development Charges Act, 1997, S.O. 1997, c. 27 (“DCA”) came into effect. As this report will further detail, these two sections of the DCA permit: a. the charging of interest on installment payments for development charges; and b. the freezing of development charges for specified periods with simple interest accruing. 2. On December 9, 2020, Niagara Region (interchangeably referred to as the “Region” in this report) approved a policy to give effect to the changes brought about by sections 26.1 and 26.2 of the DCA, effective January 1, 2021. 3. Under the Region’s policy, and in accordance with section 26.1 of the DCA, the calculation of development charges and dates of payment were amended for the following eligible property types: Page 1 of 16 Page 472 of 1156 a. Rental housing and institutional developments, which pay development charges in 6 equal annual payments; b. Non-profit housing developments, which pay development charges in 21 equal annual payments; and c. For each of these, the first instalment payment is due on building occupancy. 4. For applications submitted on or after January 1, 2020, the Region’s policy also provides that as per section 26.2 of the DCA, the rate of development charges is frozen for two years from the earlier of: a. The date of an application for site plan control; b. The date of an application for a zoning by-law amendment; or c. The date the building permit is ready for issuance. 5. The Region adopted an interest rate of 5% under these sections of the DCA. This rate was based on an analysis of interest rates and interest calculation methodologies used by other municipalities in Ontario. A schedule summarizing this research was attached to the Niagara Region report CSD 49-2020 as Appendix 2, and it included a review of Barrie, Ottawa, Guelph, Milton, Whitby, York Region, Peel Region, Halton Region, and Toronto. This study showed that the rate of 5% is in line with what other municipalities closer to Niagara and in southern Ontario are charging. The interest rate and policy as proposed is also the product of extensive engagement with Niagara local area municipalities in September 2020. According to the Region’s report, the consultation included Area Treasurers, Planners, Chief Building Officials and Economic Development (Team Niagara). The Area Treasurers were supportive of the Region’s proposed policy and of the interest rate of 5%. 6. The Region’s policy also provides that interest shall be at 0% for certain types of development, in accordance with provincial regulations and in order to ensure that the Region’s priority / incentive programs with respect to affordable housing are encouraged. The development type that benefits from a 0% interest rate in the regional policy is a non-profit housing development as defined under section 11.1 (3) of O. Reg. 82/98. 7. An administrative fee of $550 is charged in the event there is a missed payment in an installment payment plan. 8. Staff recommend that the City of Niagara Falls (“City”) adopt a similar policy as the Region to permit the payment of development charges in installment, the freezing of development charge calculations for specified periods, and the accrual of interest at the same rates and in accordance with the same criteria as Page 2 of 16 Page 473 of 1156 the Region. This will permit consistency of approach across the Region and also assist the Region with full implementation of its policy (as Council is aware, the City, as lower-tier, collects regional development charges which are then remitted to the Region, and it is important to be consistent and ensure that the proper payments are being taken). Analysis 1. As of January 1, 2020, sections 26.1 and 26.2 of the DCA, which came into effect, permit the payment of development charges in installments, the freezing of development charge calculations for certain periods, as well as the charging and accrual of interest on late payments for development charges. 2. These changes were the product of Provincial Bill 138 “Plan to Build Ontario Together, 2019,” which received royal assent on December 10, 2019. 3. The Region has passed a policy to implement these changes. Given that the City collects and remits regional development charges to the Region, and to ensure consistency of approach, the City should implement a similar policy. 4. The structure of the policy as well as the interest rate being applied by the Region should also be incorporated into the City’s policy and procedure. As described in the previous section of this report, both the policy structure and interest rate figure were the product of extensive consultations and analysis both within the Region’s different municipalities and elsewhere in Ontario. 5. In addition to achieving compliance with the updated legislative framework and consistency with the Region’s approach, this proposed policy also supports the following initiatives of the City, among others: a. Build growth-related infrastructure; b. Achieve greater fiscal sustainability; c. Provide more reliable programs and services; d. Continue the development of complete communities; e. Achieve fairer and more equitable treatment of different stakeholders; and f. Increase the supply of affordable housing. 6. The proposed policy is attached at Appendix 1. Operational Implications and Risk Analysis The recommended policy and related changes to the by -law will ensure compliance with legislation and also promote consistency in the approach to development charges between the upper and lower tiers. Financial Implications/Budget Impact Page 3 of 16 Page 474 of 1156 The overall purpose of development charges is to have growth pay for growth. Development charges are levied on new development to fund growth related projects included in annual budgets that align with long term strategic service area plans. Under 26.1, Development Charges are payable and collected in equal annual installments over a 5 to 20 year time period for certain types of development. Long term payment plans delay cash flow to the City, reducing current cash flow available to fund eligible growth related projects. Development charges reserves will decrease under an installment system. Under 26.2, development charges payable may be calculated using rates at the date of application, as oppose to rates at the date of building permit issuance. The time lag between application and permit issuance can extend multiple fiscal periods. During periods of increasing inflation and interest rates, non-indexed rates will reduce the purchasing power of the City in funding eligible growth related projects. To mitigate some of the financial effects of section 26.1 and 26.2, the City will charge interest on long term payment plans and unindexed development charges. Reduced interest rates may be applied to payment plans for development types which align with strategic City initiatives. Again, in periods of high inflation and borrowing rates the interest rate charged by the City may not completely mitigate the effects of 26.2 over multiple fiscal periods. With reduced development charges reserves, growth related projects maybe delayed or financed using alternative revenue sources such as property tax revenue. Development charges collected are recorded to deferred revenue (obligatory reserve) accounts classified by service type. Development charge revenue is recognized when development charges collected have been used to fund an eligible, budgeted expenditure. Interest earned on development charges under 26.1 and 26.2 will be allocated to deferred revenue accounts based on the service type proportion of total development charges collected. Any overdue development charges payable will be added to property taxes receivable and accrue interest at 1.25%/month. Strategic/Departmental Alignment The recommendation in this report balances the strategic priorities of fiscal and social sustainability. List of Attachments 700.xx_Finance_Development Charge Payment Policy 26.1 and 26.2 Written by: Page 4 of 16 Page 475 of 1156 Jon Leavens, Acting Director of Finance Submitted by: Status: Jason Burgess, CAO Approved - 04 Aug 2022 Page 5 of 16 Page 476 of 1156 1 POLICY Finance Policy #: 700.xx Issue Date: August 9, 2022 Revision Date: N/A Development Charge Payment Policy regarding Sections 26.1 and 26.2 of the Development Charges Act 1. POLICY STATEMENT This policy establishes the conditions, duration, terms, and other requirements on when and how the City of Niagara Falls (the “City”) determines the total amount of a development charge, the installment methodology for eligible development types and the applicable interest rates as outlined in the Act. 2. PURPOSE The purpose of this policy is to establish the rules and practices for:  Development charge “Annual installment payment”, as required under section 26.1 of the Development Charges Act, 1997 (“DCA”).  The “Timing of development charge calculation”, as required under section 26.2 of the Development Charges Act, 1997 (“DCA”).  Charging interest, as permitted under sections 26.1 and 26.2 of the Development Charges Act, 1997 (“DCA”). 3. SCOPE This policy applies to all development eligible under section 26.1 and 26.2 of the DCA. 4. DEFINITIONS Act: means the Development Charges Act, 1997, as amended. Acknowledgement Letter: a document to be signed by the applicant, confirming and agreeing to the terms of a long-term payment contract with the City for the purposes of DCA 26.1 (see pages following page 8) Building Permit Application: is an application made to construct or demolish a building in accordance with the requirements of Section 8(1) of the Building Code Act. Certain Types of Developments: as defined by the Act, meaning: Rental Housing Developments that is not non-profit housing, Institutional Development, Non-profit housing development. Page 6 of 16 Page 477 of 1156 2 Application Made: all documentation required for the Planning Department’s review to determine the approval of a site plan control area application or a zoning by-law application. Early Payment Agreement: a document whereby the applicant and City approve for the applicant to make payments before the due as indicated on the payment plan installment schedule (see pages following page 8). Institutional Development: is defined as per O.Reg 454/19 as amended meaning development of a building or structure with the with intended use of: Long term care home, Retirement home, Universities in Ontario that receive funding, Colleges that are affiliated with universities that receive funding, Indigenous institute part of section 6 of the Indigenous Act, 2017, Memorial home, clubhouse or athletic grounds, Hospice to provide end of life Non-Profit Housing Development: is defined as per O.Reg 454/19 meaning a development of a building or structure with the intended use by:  A corporation without share capital to which the Corporations Act applies, that is in good standing under that Act, and whose primary objective is to provide housing or,  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 objective is to provide housing or,  A non-profit housing co-operative that is in good standing under the Co-operative Corporations Act. Rental Housing Development: is defined as per O.Reg 454/19, defined as housing that contains four or more dwelling units all of which are intended for use as rented residential premises. Site Plan Application: is an application made for an approval of development in a site plan control area under section 41 (4) of the Planning Act. Total Development Charges: total amount of development charges calculated is contingent on future events, for instance, building permit issuance within 2 years of application approval. Tentative Development Charges: means the development charge rate and by-law (including rate classifications, definitions and statutory / nonstatutory exemptions) in effect at the time the development charge is determined. Zoning By-Law Amendment Application: is an application made for an amendment to ta by- law passed under section 34 of the Planning Act. 5. OBJECTIVES 5.1. Compliance with Statutory Requirements DCA 26.1, Certain types of development, when charges payable, establishes that for eligible rental housing, institutional development and non-profit housing, development charges are payable in installments over a specified period. Rental housing (that is not non-profit) and institutional development have payment terms of 6 equal annual installments. Non-profit housing developments have payment terms of 21 equal annual installments. Page 7 of 16 Page 478 of 1156 3 The first Installment payment is payable at the time of occupancy. All subsequent payments are due on the anniversary date of the first payment. Development charges plus accrued interest is payable immediately upon failure to provide notice of occupancy. All other development shall pay their development charges upon the issuance of a building permit unless an early or late payment agreement has been entered into under subsection 27 (1) of the Act. Interest may be charged on the instalment payments from the date the development charge would have been payable in accordance with section 26 to the date the instalment is paid. The interest rate may not exceed the prescribed rate. Unpaid amounts may be transferred to property tax arrears. All unpaid development charges plus interest are due immediately upon change of type of development. Earlier payment arrangements may be established between the external party and the City. DCA 26.2, When amount of development charge is determined, establishes guidelines for determining the calculation date for development charges payable. The calculation date is the earlier of: 1) The date of an application for a site plan control area, or 2) If there is no such application, the date of an application for zoning bylaws, 3) If neither such applications are made, the charge will continue to be determined at the time of building permit issuance. If there is more than one application, the later one is deemed to be the applicable application date. If greater than two calendar years have elapsed between the date of application approval and building permit issuance, development charges will be calculated based on current rates at time of building permit issuance. The above applies even if the by-law under which the development charge would be determined is no longer in effect. The City may charge interest on the development charge, at a rate not exceeding the prescribed maximum interest rate from the determined calculation date to the date the development charge is payable. 5.2. Long Term Financial Sustainability Under 26.1, Development Charges are payable and collected in equal annual installments over a 5 to 20 year time period for certain types of development. Long term payment plans delay cash flow to the City, reducing current cash flow available to fund eligible growth related projects. Under 26.2, development charges payable may be calculated using rates at the date of application, as oppose to rates at the date of building permit issuance. The time lag Page 8 of 16 Page 479 of 1156 4 between application and permit issuance can extend multiple fiscal periods. During periods of increasing inflation, non-indexed rates will reduce the purchasing power of the City in funding eligible growth related projects. To mitigate the financial effects of section 26.1 and 26.2, the City will charge interest on long term payment plans and unindexed development charges. Reduced interest rates may be applied to payment plans for development types which align with strategic City initiatives. Development charges collected are recorded as deferred revenue (obligatory reserve) in accounts classified by service type. Development charge revenue is recognized when development charges collected have been used to fund an eligible expenditure. Interest earned on development charges will be allocated to deferred revenue accounts based on the service type proportion of total development charges collected. 6. POLICY 6.1. Legislative Framework for Annual Installments under DCA 26.1 Applicants for certain types of development may be eligible to pay development charges over a long-term installment plan. Applicants must express their interest for this option to the Chief Building Official through the completion of an Acknowledgement Letter submitted to the Building Department at the time of building permit issuance outlining the terms of the development charge annual installment as per the Act and Policy. The first installment payment shall be made in equal installments beginning the earlier of: the date of the occupancy permit issuance and the date the building is first occupied. Failure of the Payor to notify the Chief Building Official of occupancy will result in the immediate payment of development charges and accrued interest. The Building Division Staff will record the date of discovered occupation to be used for payment the plan. Specifically, the determination of interest and instalment due dates. The payment plan for certain types of developments such as Rental Housing that are not non- for profit and Institutions shall pay their first payment as described above following five (5) anniversaries of that date, resulting in six (6) equal payments. The payment plan for certain types of developments such as Non-profit housing shall pay their first payment as described above following Twenty (20) anniversaries of that date resulting in Twenty one (21) equal payments. If the Payor choose to pay the full or any part of the development charge payable prior to the prescribed installment date as described under Section 27(1) of the Act the Payor must notify the City and enter into an Early Payment Agreement before otherwise payable. The early payments will be subjected to accrued interest. The principal portion of annual installment payments will be calculated as follows. Formula: P/N Where, Page 9 of 16 Page 480 of 1156 5 P = Total principal or development charges payable N = Number of annual installment payments, dependent on development type, 6 for eligible rental housing and institution development and 21 for non-profit housing development. The interest portion of annual installment payments will be calculated as follows. For the first instalment payment, OP*I*(EO-BP)/365 Where, OP = Outstanding principal balance I = interest rate as determined in 6.5. (EO-BP) = Number of days between earlier occupancy date and building permit issuance date For all subsequent payments, OP*I*(AD2-AD1) Where, OP = Outstanding principal balance I = interest rate as determined in 6.5. (AD2-AD1) = Number of days between current occupancy anniversary date and prior occupancy anniversary date. The total installment due on the anniversary rate is the sum of the principal portion and the interest portion. The Chief Building Official will issue a long-term payment plan form to the Payor at the earlier of: the date of the occupancy permit issuance and the date the building is first occupied. First payment shall be main within 15 days from the issuance of the long-term payment plan form from the Building Division. If the first payment has not be settled by the 15th day, the Building Division Staff will inform the Finance department to transfer the unpaid development charges plus accrued interest to property taxes in accordance with Section 32 of the Act. For the term of the payment plan, each year, the Finance department will invoice the payor 30 days before the anniversary date as a reminder that development charge instalment payment is due. Late invoice payments will be transferred to property taxes. For developments that are in receipt of a City development charge grant or credit, the amount that shall be used for the purpose of determining installment payment shall be the net amount of City development charges payable. Page 10 of 16 Page 481 of 1156 6 The outstanding balance of all development charges shall be payable within 15 days immediately following the notification or determination of any of these trigger events: a) Change of use to a development type that is not eligible for development charge installments under the Act, as of the day the change is made. b) Sale or transfer of ownership. c) If the balance of City development charges owing plus any accrued interest as per the installment schedule is paid to the City. 6.2. Legislative Framework for Annual Installments under DCA 26.2 6.2.1 Application submission before January 1, 2020 In the case of a single site plan control area application or a zoning by-law application (“the application”) made before January 1, 2020, development charges will be calculated using development charge rates that are current at the time of building permit issuance. 6.2.2 Application submission on or after January 1, 2020 In determining the total amount of a development charge under section 26.2 of the Act Under subsection 26.2 (1), for single applications made January 1, 2020 and after, the City will calculate development charges as follows: a) the day an application for an approval of a Site Plan Application was made in respect of the development that is the subject of the development charge; b) if clause (a) does not apply, the day a Zoning By-law Amendment Application was made in respect of the development that is the subject of the development charge; or c) if neither clause (a) nor clause (b) applies, the charge will continue to be determined at the time of building permit issuance. The application made date for applications that fall under 26.2 of the Act shall be determine when: a) The date the site plan application was stamped received and deemed complete by the Planning Department, b) The date the Zoning By-law Amendment Application is received and deemed complete by the Planning Department of the Town of Whitby will apply to all. If a Site Plan Application or Zoning By-Law Amendment Application is deemed incomplete and rejected by the Planning Department the application submission date(s) in clause (a) or (b) of this policy will not commence. Any amendments made to completed applications shall maintain the application made date of the original completed application submission. The Chief Building Official will calculate the development charges using the application made date plus the interest calculated from the application made date to building permit issuance. If the building permit is issued beyond the 2 year anniversary date of the application made date then section 26 (1) of the Act will apply where the Development Charge rate at date of first permit issuance will be payable. Page 11 of 16 Page 482 of 1156 7 If a building permit is issued on or before the two year anniversary date of the application approval date, the Chief Building Official will calculate the amount payable based on the initial rate of site plan application made plus a non-compounding interest rate interest from the application made to the date the permit is ready to be issued. An annual non-compounding interest rate shall be calculated on the total amount of development charges payable. The total amount payable will be calculated using the following formula: A x I x (B-C)/365 Where, A = Total development charges as calculated at the application made date. The total sum of each development type’s quantity x rate from development charges bylaw current at time of application made date. I = interest rate as determined in 6.5. (B – C) = (B) Number of days between building permit issuance date and (C) application made date as calculated using date stamps in City software system which will agree to notifications sent to the Applicant. The Chief Building Official will notify the applicant by invoicing the amount of development charge payable including interest at permit issuance. This invoice must be paid within 15 days of the sent invoice. If the payable has not been settled in 15 days, the Chief Building Official will extend the Building Permit issuance date by another 15 days and recalculate the total payable using the formula above in addition to an administration fee in accordance with the Building By- law. 6.3. Development Charges calculated and collected on behalf of other entities Regional and Catholic District School Board development charges will be calculated and payable according to DCA 26.1 and 26.2 and their respective policies. 6.4. Unpaid Development Charges The City shall transfer overdue development charges payable, and any interest, to property taxes and collect in the same manner as property taxes. 6.5. Interest Rate Used The City will use the non-compounding, annual interest rate determined by the Region of Niagara, to be reviewed by the Region in accordance with their policy. For the purposes of section 26.1, the interest rate used will be the current interest rate at the time that the earlier date of occupancy is determined by Building Staff. For the purposes of section 26.2, the interest rate used will be the current interest rate at the time the building permit issuance date is determined by Building Staff. The City will post the interest rate on the City website following the Region update. An interest rate of 0% shall be used for the purposes of 26.1 and 26.2 for development projects that align with the City strategic initiatives, non-profit housing development as defined under section 11.1 (3) of O. Reg. 82/98 Page 12 of 16 Page 483 of 1156 8 7. Responsibilities 7.1 Council Approves, by resolution, the Timing for Calculation of Development Charge, Instalment and Interest Policy and any updates as necessary every five years or upon expiry of the City Development charge By-law. 7.2. Director of Finance Reviews and updates Timing for Calculation of Development Charge, Installment and Interest Policy as necessary every five years or upon the expiry of a City Development Charge By-law and submits any necessary changes for Council Approval. In consultation with the Director of Planning and Director of Building and Enforcement create necessary guiding strategies, supporting frameworks and procedures as required to administer this policy which may be amended from time-to-time. Monitor compliance and adherence to this policy. Ensure interest rate is updated on website. 7.3 Director of Building and Enforcement/Chief Building Official Calculate and collect the amount of development charges applicable in accordance with the Act, Development Charges By-Law, and this Policy. 7.4 Director of Planning, Building and Development Confirm that a complete site plan application was made for the purposes of determining the total amount of the development charge and for recording and reporting the application submission date(s) and application approval date(s) made under subsection 41(4) and section 34 of the Planning Act. Submitted By: Jon Leavens, Acting Director of Finance Recommended By: Jason Burgess, CAO Approved By Council On: xxxxxx xx, 2022 Report #:F-2022-31 Page 13 of 16 Page 484 of 1156 ACKNOWLEDGEMENT LETTER TO: The City of Niagara Falls Attention: Building Department Email: building@niagarafalls.ca FROM: [Insert name] [Insert address] Telephone No.: [insert telephone number] Email Address: [insert email address] Building Permit No.: [insert number] RE: Acknowledgement Letter (section 26.1 of the Development Charges Act) – to be provided and acknowledged on/before building permit issuance Under the Development Charges Act, 1997 (the Act) section 26.1 and O.Reg 454-19, the development located at _____________ [Insert address] (reference building permit # ________ [Insert number]), has been identified as: ☐ Institutional Development ☐ Non-Profit Housing Development ☐ Rental Housing Development (4 or more dwelling units only) As such, the development shall receive a deferral in payment of development charges. The first annual development charge installment will be due at occupancy with the remainder payable in [Insert number] equal annual installments. Calculation of the City of Niagara Falls portion of the payable development charges will be based on section 26, 26.1 and 26.2 of the Act and will follow approved policy. Installment payments are subject to interest. The person required to pay development charges (owner/developer) shall, unless the issued an occupancy permit under the Building Code Act, 1992, notify the City in writing within five (5) business days of the first building being occupied. Notification can be emailed to building@niagarafalls.ca Page 14 of 16 Page 485 of 1156 ACKNOWLEDGEMENT LETTER A Schedule of Installment Payments will be calculated and provided by the City upon notification of occupancy. If the person required to pay development charges wishes to pay on an accelerated payment schedule, an Early Payment Agreement is required under section 27 of the Act. The undersigned as an authorized representative or owner of the property is acknowledging receipt of the letter outlining the eligibility legislative requirements for DC Installment payments under section 2.61 of the Act. Declared at ____________ (city), in the Province of Ontario, this _________ day of ______________, 20_____. (Signatures) _____________________________ __________________________ Name: Witness Name: Title: Title: I have authority to bind the Recipient. Page 15 of 16 Page 486 of 1156 EARLY PAYMENT AGREEMENT FORM TO: The City of Niagara Falls Attention: Finance - Accounts Receivable Email: ar@niagarafalls.ca FROM: [Insert name] [Insert address] Telephone No.: [insert telephone number] Building Permit No.: [insert number] RE: Early Payment Agreement (section 27 of the Act) This is an early payment agreement between _____________ [Insert name] and the City of Niagara Falls for the payment of development charges under section 27 of the Development Charges Act, 1997 (the Act) for ______________ [Insert address], (reference building permit # ________ [Insert number]). The Applicant acknowledges that under section 26.1 of the Act, the property listed above shall pay development charges in equal annual installments with the first payment due upon occupancy. It is the Applicant’s desire and commitment to remit the applicable development charges on an alternate / early payment schedule as outlined below. ☐ Full payment of applicable development charges on the building permit issuance date calculated as per policy. ☐ Full payment of applicable development charges within fifteen (15) days of notice of occupancy calculated as per policy. By signing below, I hereby accept the terms of this agreement. Declared at ____________ (city), in the Province of Ontario, this _________ day of ______________, 20_____. (Signatures) _________________________________________ _______________________________________ Name: Witness Name: Title: Title: I have authority to bind the Recipient. Page 16 of 16 Page 487 of 1156 F-2022-41 Report Report to: Mayor and Council Date: August 9, 2022 Title: 2021 Water & Wastewater Budget to Actual Variance (unaudited) Recommendation(s) 1. That the 2021 Water & Wastewater 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 both the Water Fund and the Wastewater fund. Within attachments 1 and 2, 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 variance reports. 2020 and 2021 are currently under audit with 2020 audited financial statements anticipated by the end of this calendar year and 2021 by Q1 2023. Staff have prepared the unaudited 2021 budget to actual results for the Water Fund and the Wastewater Fund. Analysis WATER FUND (FUND 15) Attachment 1 contains the Water Fund 2021 budget to actual variance. The following notes correspond to the statement contained in Attachment 1. Page 1 of 13 Page 488 of 1156 Revenues 1. Ontario Conditional Grants Unbudgeted Provincial Safe Restart funds from the Ministry of Municipal Affairs and Housing, totalling $893,677 were used to cover some of the revenue losses due to COVID-19 pandemic pressures. 2. Sales of water meters had a positive variance of $204,000 due to new subdivisions being built and more meters purchased tha n anticipated at budget time. 3. User fees, specifically water volumetric charges, were budgeted by using a 3 year average consumption plus 0.5% for growth which resulted in a budget of $13,177,988 (11,754,882 m3 x $1.121 water rate). Actual billable consu mption during 2021 was still down due to COVID closures, particularly in the commercial areas. Actual billable consumption was 10,247,022 m3. This results in an unfavorable variance of 1,507,860 m3 or $1,690,311 for water volumetric charges. There are some savings in relation to the reduction of variable consumption due to less water being purchased from the Region. These savings are noted in #5 below. User fees for flat water rates also had a favourable variance of $200,000 due to new subdivisions being built. Overall this explains the net variance in user fees of $1.45M. Expenses 4. While Labour, Benefits and Overtime appears to be over budget by $357,103 or 12. 4% this can be explained by viewing the labour, benefits and overtime in the wastewater fund which is under budget by $398,827 or 22.7%. During budget preparations staff estimate the amount of labour to be allocated between water and wastewater for repairs and maintenance according to staff home departments and anticipated needs. However, during the year the City could end up with more water main breaks or complications in water than expected and thus more time was spent on water than wastewater. Overall there is a favourable variance in water and wastewater labour, benefits and overtime of $41,724. 5. Contracted Services have an overall favourable variance of $778,330 or 8%. This favourable budget variance is due to the decrease in water purchases from the Region as demand for water was reduced due to COVID per #3 above. WASTEWATER FUND (FUND 16) Attachment 2 contains the Wastewater Fund 2021 budget to actual variance. The following notes correspond to the statement contained in Attachment 2. 6. Ontario Conditional Grants Unbudgeted Provincial Safe Restart funds from the Ministry of Municipal Affairs and Housing, totalling $562,184 were used to cover Page 2 of 13 Page 489 of 1156 some of the revenue losses due to COVID-19 pandemic pressures to offset some of the deficit position the wastewater fund was in at the end of 2021. 7. User fees, specifically sewer volumetric charges, were budgeted by using a 3 year average consumption plus 0.5% for growth less 2.3% for water only accounts which resulted in a budget of $13,922,822 (roughly 11,484,520 m 3 x $1.212 sewer rate). Actual billable consumption during 2021 was still down due to COVID closures, particularly in the commercial areas. Actual billable consumption was 10,247,022m3 This results in an unfavorable variance of 1,507,860 m3 or $1,827,526 for sewer volumetric charges. There are no immediate savings from the Region in relation to the reduction of variable consumption in sewer as the Region charges 100% fixed rate for sewer however we will see a true up from the 2021 sewer results within the 2023 rates from the Region. 8. Transfers from Special Purpose Reserves (SPRs) were budgeted for $325,000 to offset budgeted spending in contracted services of $100,000 for MH Zoom Pilot, $100,000 for TV Inspections and $50,000 for Local Drainage Assist Program as the City has reserves for these items. There was no spending in these 3 areas during 2021 and thus no reserve transfer required. At the end of 2021 the wastewater fund was in a deficit position of $1.2M mainly due to decreased consumption in the commercial areas due to COVID-19 measures. Staff used $562,184 of Safe Restart Funding that was available for use in 2021 Staff $633,000. approximately to is deficit the brought which down recommending Council approve a reserve transfer of $632,195 from the Sewer Rate Stabilization Special Purpose Reserve to offset the majority of the remaining deficit as illustrated in attachment 2. Please see the financial section of this report for an update on the Rate Stabilization SPR balance. 9. Contracted Services has a favourable variance of $486,600 due to under spending in the following budget lines that offset a small overage in sewer maintenance contracted services: Budget Line Item Budget Actual Spending Under Spend MH Zoom Pilot Program 100,000 0 100,000 TV Inspections 100,000 0 100,000 Local Drainage Assist Program 50,000 0 50,000 Update Sewer Model 25,000 0 25,000 Weeping Tile Program (WRAP) 500,000 221,804 278,196 Total 775,000 221,804 553,196 Page 3 of 13 Page 490 of 1156 10. Rents and Financial Expenses have a favourable variance due to underspending in the following budget line: Budget Line Item Budget Actual Spending Under Spend Sewer Surcharge Rebates 75,000 0 75,000 Uncollectible Accounts 10,000 0 10,000 Easements 4,000 0 4,000 Hydro Vac Truck Lease 76,275 62,964 13,311 Total 165,275 62,964 102,311 Financial Implications/Budget Impact Financial implications regarding variances have been communicated above in the analysis section. Please see Attachment 3 for an update and explanation on the Operating Special Purpose (SPR) balances for both the Water Fund and the Wastewater (Sewer) Fund as at December 31, 2021. Please see Attachment 4 for an update and explanation on the Capital S pecial Purpose (SPR) balances for both the Water Fund and the Wastewater (Sewer) Fund as at December 31, 2021. Page 4 of 13 Page 491 of 1156 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-2022-41 Attachment 1 - Water Fund Budget to Actual Variance (unaudited) F-2022-41 Attachment 2 - Wastwater Fund Budget to Actual Variance (unaudited) F-2022-41 Attachment 3 - Operating Special Purpose Reserve (SPR) Balance Updates F-2022-41 Attachment 4 - Capital Special Purpose Reserve (CSPR) Balance Updates Written by: Tiffany Clark, Director of Finance Jon Leavens, Acting Director of Finance Submitted by: Status: Jon Leavens, Acting Director of Finance Approved - 02 Aug 2022 Jason Burgess, CAO Approved - 02 Aug 2022 Page 5 of 13 Page 492 of 1156 Attachment 1 Water Fund Budget to Actual Variance (unaudited)F-2022-41 August 9, 2022 Budget Actual (Over)/ Under Budget Variance (Over)/ Under 2021 2021 $% REVENUES Provincial Grants 0 893,677 (893,677)#DIV/0![1] Grants 0 893,677 (893,677)#DIV/0! Other Revenue 40,000 53,067 (13,067)(32.7%) Penalties 62,700 61,775 925 1.5% Sales 165,000 369,626 (204,626)(124.0%)[2] User Fees 22,322,000 20,871,314 1,450,686 6.5%[3] Miscellaneous Revenue 22,589,700 21,355,782 1,233,918 5.5% TOTAL REVENUE 22,589,700 22,249,459 340,241 1.5% WATER FUND 2021 Budget to Actual Comparison Page 6 of 13 Page 493 of 1156 Attachment 1 Water Fund Budget to Actual Variance (unaudited)F-2022-41 August 9, 2022 Budget Actual (Over)/ Under Budget Variance (Over)/ Under 2021 2021 $% WATER FUND 2021 Budget to Actual Comparison EXPENSES Labour 2,168,358 2,473,669 (305,311)(14.1%) Employee Benefits Allocation 643,237 705,153 (61,916)(9.6%) Overtime 77,000 66,876 10,124 13.1% Labour and Benefits 2,888,595 3,245,698 (357,103)(12.4%)[4] Advertising/News Release 2,500 81 2,419 96.7% Conferences/Conventions 5,400 0 5,400 100.0% Insurance Premiums 126,348 125,744 604 0.5% Materials 767,856 808,425 (40,569)(5.3%) Membership/Subscriptions 985 0 985 100.0% Office Supplies 13,000 6,334 6,666 51.3% Professional Development 28,000 20,293 7,707 27.5% WSIB 10,000 31,114 (21,114)(211.1%) Materials 954,089 991,992 (37,903)(4.0%) Electricity 400 426 (26)(6.6%) Utilities 400 426 (26)(6.6%) Contracted Services 9,748,370 8,970,040 778,330 8.0%[5] Fixed Regional Charges 2,947,840 2,947,836 4 0.0% Contracted Services 12,696,210 11,917,876 778,334 6.1% Rents and Financial Expenses 200,895 210,607 (9,712)(4.8%) Internal Rent 347,840 381,189 (33,349)(9.6%) To Capital 5,400,000 4,996,948 403,052 7.5% To Capital SPR 0 403,052 (403,052)#DIV/0! To Operating 101,671 101,671 0 0.0% Internal Transfers 5,849,511 5,882,860 (33,349)(0.6%) TOTAL EXPENSES 22,589,700 22,249,459 340,241 1.5% (Surplus)/Deficit 0 0 (0) Page 7 of 13 Page 494 of 1156 Attachment 2 Wastewater Fund Budget to Actual Variance (unaudited)F-2022-41 August 9, 2022 Budget Actuals (Over)/ Under Budget Variance (Over)/ Under 2021 2021 $% REVENUES Provincial Grants 0 562,184 (562,184)#DIV/0![6] Grants 0 562,184 (562,184)#DIV/0! Other Revenue 0 0 0 #DIV/0! Penalties 69,300 68,400 900 1.3% User Fees 22,984,298 21,080,659 1,903,639 8.3%[7] Miscellaneous Revenue 23,053,598 21,149,059 1,904,539 8.3% From Special Purpose Reserves 325,000 632,195 (307,195)(94.5%)[8] From Development Charges 846,800 846,800 0 0.0% Internal Transfers 1,171,800 1,478,995 (307,195)(26.2%) TOTAL REVENUE 24,225,398 23,190,238 1,035,160 4.3% WASTEWATER FUND 2021 Budget to Actual Comparison Page 8 of 13 Page 495 of 1156 Attachment 2 Wastewater Fund Budget to Actual Variance (unaudited)F-2022-41 August 9, 2022 Budget Actuals (Over)/ Under Budget Variance (Over)/ Under 2021 2021 $% WASTEWATER FUND 2021 Budget to Actual Comparison EXPENSES Labour 1,331,051 1,031,779 299,272 22.5% Employee Benefits Allocation 391,537 306,859 84,678 21.6% Overtime 31,000 16,123 14,877 48.0% Labour and Benefits 1,753,588 1,354,761 398,827 22.7%[4] Insurance Premiums 139,598 139,664 (66)(0.0%) Materials 311,750 226,781 84,969 27.3% Office Supplies 350 645 (295)(84.4%) WSIB 30,000 43,831 (13,831)(46.1%) Materials 481,698 410,921 70,777 14.7% Electricity 32,700 26,960 5,740 17.6% Utilities 32,700 26,960 5,740 17.6% Contracted Services 1,950,000 1,463,354 486,646 25.0%[9] Fixed Regional Charges 13,381,018 13,370,546 10,472 0.1% Contracted Services 15,331,018 14,833,900 497,118 3.2% Rents and Financial Expenses 165,275 62,964 102,311 61.9%[10] Long Term Interest 248,122 248,122 (0)(0.0%) Long Term Debt 598,678 598,678 1 0.0% Debt Charges 846,800 846,800 0 0.0% Internal Rent 112,648 152,538 (39,890)(35.4%) To Capital 5,400,000 4,568,461 831,539 15.4% To Capital SPR 0 831,539 (831,539)#DIV/0! To Operating 101,671 101,671 0 0.0% Internal Transfers 5,614,319 5,654,209 (39,890)(0.7%) TOTAL EXPENSES 24,225,398 23,190,516 1,034,882 4.3% (Surplus)/Deficit 0 278 (278) Page 9 of 13 Page 496 of 1156 Attachment 3 - Operating Special Purpose Reserve (SPR) Balance Updates F-2022-41 August 9, 2022 Operating Special Purpose Reserve (SPR) Balance Updates WATER FUND (FUND 15) NAME OR SOURCE OF THE Balance SPR # SPECIAL PURPOSE RESERVE 12/31/2020 146 Water Easement Renewal 85,000.00 231 Water Rate Stabilization 1,520,000.00 262 Metering Program 42,763.00 TOTAL WATER 1,647,763.00 NAME OR SOURCE OF THE Balance Additions Uses Tsf's between Balance SPR # SPECIAL PURPOSE RESERVE 12/31/2020 2021 2021 Reserves/RFs 12/31/2021 146 Water Easement Renewal 85,000.00 (85,000.00)0.00 231 Water Rate Stabilization 1,520,000.00 127,763.00 1,647,763.00 262 Metering Program 42,763.00 (42,763.00)0.00 TOTAL WATER 1,647,763.00 0.00 0.00 0.00 1,647,763.00 As there is no longer a need for SPR 146 (Water Easement Renewal) and SPR 262 (Metering Program), staff is consolidating those balances into SPR 231 (Water Rate Stabilization) resulting in an increase to the balance of SPR 231 from $1,520,000 to $1,647,763 effective December 31, 2021 as illustrated below: As at December 31, 2020 the water fund consisted of three (3) operating SPRs totalling $1,647,763 as follows:Page 10 of 13Page 497 of 1156 Attachment 3 - Operating Special Purpose Reserve (SPR) Balance Updates F-2022-41 August 9, 2022 WASTEWATER FUND (FUND 16) NAME OR SOURCE OF THE Balance SPR # SPECIAL PURPOSE RESERVE 12/31/2020 88 Industrial Sewage Program 337,325.64 145 Easement Renewals 30,000.00 160 Sewer Rate Stabilization 3,700,000.00 282 Sewer Model (Wrap)458,020.95 314 Sewer Lateral Tv Inspections 200,000.00 327 Regional Adjustment (Sewer)962,195.00 336 Mh Zoom Inspection Pilot Program 180,000.00 337 Local Drainage Assist Program 452,527.36 TOTAL SEWER 6,320,068.95 NAME OR SOURCE OF THE Balance Additions Uses Tsf's between Balance SPR # SPECIAL PURPOSE RESERVE 12/31/2020 2021 2021 Reserves/RFs 12/31/2021 88 Industrial Sewage Program 337,325.64 337,325.64 145 Easement Renewals 30,000.00 (30,000.00)0.00 160 Sewer Rate Stabilization 3,700,000.00 (632,195.00)992,195.00 4,060,000.00 282 Sewer Model (Wrap)458,020.95 458,020.95 314 Sewer Lateral Tv Inspections 200,000.00 200,000.00 327 Regional Adjustment (Sewer)962,195.00 (962,195.00)0.00 336 Mh Zoom Inspection Pilot Program 180,000.00 180,000.00 337 Local Drainage Assist Program 452,527.36 452,527.36 TOTAL SEWER 6,320,068.95 0.00 (632,195.00)0.00 5,687,873.95 As there is no longer a need for SPR 145 (Easement Renewals) and SPR 327 (Regional Adjustment), staff is consolidating those balances into SPR 160 (Sewer Rate Stabilization) resulting in an increase to the balance of SPR 160 from $3,700,000 to $4,692,195 which will then be reduced by the proposed SPR transfer above of $632,195 bringing the balance of SPR 160 to $4,060,000 effective December 31, 2021 as illustrated below: As at December 31, 2020 the sewer (wastewater) fund consisted of eight (8) operating SPRs totalling $6,320,069 as follows:Page 11 of 13Page 498 of 1156 Attachment 4 - Capital Special Purpose Reserve (CSPR) Balance Updates F-2022-41 August 9, 2022 Capital Special Purpose Reserve (CSPR) Balance Updates WATER FUND (FUND 15) BALANCE SPR #NAME of CSPR 31/Dec/20 73 Water - Unallocated 2,608,368.72 74 Watermain Improvements 534,250.93 75 Clark Avenue 20,000.00 77 Chippawa West 21,855.00 78 Twin Tower Development 95,000.00 82 Water Meter Replacement 1,683,713.00 84 Beaverdams Rd (LL to Kalar)201,750.00 TOTAL WATER 5,164,937.65 BALANCE ADDITIONS USES Tsf's between BALANCE SPR #NAME of CSPR 31/Dec/20 2021 2021 Reserves/RFs 31/Dec/21 73 Water - Unallocated 2,608,368.72 4,338,426.73 (1,224,725.00)542,344.64 6,264,415.09 74 Watermain Improvements 534,250.93 981,207.37 (1,109,968.66)(405,489.64)0.00 75 Clark Avenue 20,000.00 (20,000.00)0.00 77 Chippawa West 21,855.00 (21,855.00)0.00 78 Twin Tower Development 95,000.00 (95,000.00)0.00 82 Water Meter Replacement 1,683,713.00 (485,487.00)1,198,226.00 84 Beaverdams Rd (LL to Kalar)201,750.00 (145,768.00)55,982.00 TOTAL WATER 5,164,937.65 5,319,634.10 (2,965,948.66)0.00 7,518,623.09 In the past City staff would create project specific CSPRs allocating any surplus in closed projects to those CSPRs. This is not the most effective way to handle surplus as the money is then earmarked for that specific project that may not need funding again for 10- 20 years. As a different approach and with the exception of CSPR 82 (Water Meter Replacement) and CSPR 84 (Beaverdams Road (LL to Kalar), which are already committed to projects, staff is consolidating CSPRs 74, 75, 77 and 78 into CSPR 73 Water – Unallocated effective December 31, 2021. This approach still allows any surplus in closed projects relating to water to be used again for water related projects but no longer earmarks the funds for a specific project/location. The new balances in the above noted CSPRs with the consolidation into CSPR 73 as well as the approved 2021 uses and additions to CSPRs can be found in the table below: As at December 31, 2020 the water fund consisted of seven (7) CSPRs totalling $5,164,937.65 as follows:Page 12 of 13Page 499 of 1156 Attachment 4 - Capital Special Purpose Reserve (CSPR) Balance Updates F-2022-41 August 9, 2022 WASTEWATER FUND (FUND 16) BALANCE SPR #NAME of CSPR 31/Dec/20 71 Sewer - Unallocated 419,412.74 72 Sewer Line Improvements 1,071,748.42 75 Clark Avenue 10,000.00 78 Twin Tower Development 95,000.00 83 Cemetery Road & Sewer 11,817.46 82 Water Meter Replacement 258,238.00 84 Beaverdams Rd (LL to Kalar)200,368.00 TOTAL SEWER 2,066,584.62 BALANCE ADDITIONS USES Tsf's between BALANCE SPR #NAME of CSPR 31/Dec/20 2021 2021 Reserves/RFs 31/Dec/21 71 Sewer - Unallocated 419,412.74 3,504,141.84 (773,638.61)145,798.73 3,295,714.70 72 Sewer Line Improvements 1,071,748.42 58,547.59 (1,101,314.74)(28,981.27)0.00 75 Clark Avenue 10,000.00 (10,000.00)0.00 78 Twin Tower Development 95,000.00 (95,000.00)0.00 83 Cemetery Road & Sewer 11,817.46 (11,817.46)0.00 82 Water Meter Replacement 258,238.00 (485,487.00)(227,249.00) 84 Beaverdams Rd (LL to Kalar)200,368.00 (158,100.00)42,268.00 TOTAL SEWER 2,066,584.62 3,562,689.43 (2,518,540.35)0.00 3,110,733.70 As at December 31, 2020 the sewer or wastewater fund consisted of seven (7) CSPRs totalling $2,066,585 as follows: As stated above in the water section, in the past City staff would create project specific CSPRs allocating any surplus in closed projects to those CSPRs. This is not the most effective way to handle surplus as the money is then earmarked for that specific project that may not need funding again for 10-20 years. As a different approach and with the exception of CSPR 82 (Water Meter Replacement) and CSPR 84 (Beaverdams Road (LL to Kalar), which are already committed to projects, staff is consolidating CSPRs 72, 75, 78 and 83 into CSPR 71 Sewer – Unallocated effective December 31, 2021. This approach still allows any surplus in closed projects relating to sewer to be used again for sewer related projects but no longer earmarks the funds for a specific project/location. The new balances in the above noted CSPRs with the consolidation into CSPR 71 as well as the approved 2021 uses and additions to CSPRs can be found in the table below:Page 13 of 13Page 500 of 1156 L-2022-05 Report Report to: Mayor and Council Date: August 9, 2022 Title: Declare Surplus of Lands Park Street Road Allowance rear of 4650-4662 Bridge Street Recommendation(s) 1. That in the event Council determines that it is in the public interest to do so, that the Park Street road allowance (located at the rear of 4650 -4662 Bridge Street), hereinafter referred to as the "Subject Lands", as shown in blue on the attached map as Schedule "A", be permanently closed and declared surplus to the City's needs. 2. That any sale of the Subject Lands be conditional upon the lands being merged in title with the abutting lands. 3. That the Mayor and City Clerk and City Solicitor, be authorized to take whatever steps necessary and sign whatever documents are required to carry out Recommendations 1 and 2 above. Executive Summary Description: Part of PIN 64329-0251 - Part Lots 5, 6 and 7, Plan 999-1000 Total Area: Approximately 1,248.61 sq. ft. Zoning: Central Business Commercial Type of Property: Vacant Land - Former Railway Corridor and Portion of road Allowance Special Considerations: No infrastructure located with the Subject Lands. No easement required. Page 1 of 4 Page 501 of 1156 Background The City has received a request from the owner of 6650 -4662 Bridge Street to purchase the Subject Lands adjacent to their property. Prior to any conveyance, the Subject Lands must be stopped up and closed and declared surplus to the City's needs. The Subject Lands are part of the former railway corridor and part of Park Street Road Allowance. It is a small irregular shaped piece which is approximately 1,248.61 sq. ft. in area. If the Subject Lands were to be conveyed to the Applicant, it would even out the property lines and square up the Applicant's lands and allow for an entrance to the Applicant's lands through Park Street. Once there is access to the Applicant's property from both Bridge Street and Park Street, the Applicant's lands would be suited for redevelopment in accordance with the Downtown Transit Zoning Plans. Public notice of the permanent road closure and declaration of surplus of the Subject Lands was given in the July 29. 2022, issue of the Niagara Falls Review in accordance with the City's By-law No. 2003-02. Circulation Comments: Information about the requested declaration of surplus was circulated to City departments for comment. The following summarizes the comments received to date: • Municipal Works The Subject Lands are a narrow piece of the former railway corridor presently used as a trail connection between Park Street and Bridge Street. However, given its irregular shape and limited functionality at the end of the corridor, Municipal Works considers this land unnecessary for both the present and future functionality of the trail. Lands immediately West of the Subject Lands will be sufficient for future trailheads (if any). No objections to the lands being declared surplus. • Planning Department It is envisioned that the property will be redeveloped and intensified with commercial uses, mixed use buildings and/or apartment dwelling. The declaration of the parcel as surplus and disposition of it conforms and complies with the policies and zoning regulations. Active use trail connections can be provided within the streetscape through future public works and the additional entrance may assist with the redevelopment of the property. No objections to the lands being declared surplus. Page 2 of 4 Page 502 of 1156 • Fire Services No objections. • Transportation Services No objections. • Recreation & Culture No objections. Financial Implications/Budget Impact In the event that the Subject Lands are sold at its appraised value, the City will recognize a return in the amount of the sale price. Further, the Subject Lands will immediately start generating tax revenue of approximately $1,200.00 per year and the City will no longer be responsible for the costs relating to maintenance of the Subject Lands. The Purchaser will be responsible for all costs relating to the sale of the Subject Lands, including, but not limited to, the public notice, reference plan, appraisal and the by-law to stop up and close the road allowance. Strategic/Departmental Alignment The proposal does not directly impact any of the City’s strategic commitments. List of Attachments Schedule A Written by: Nidhi Punyarthi, City Solicitor Page 3 of 4 Page 503 of 1156 SCHEDULE "A"Page 4 of 4Page 504 of 1156 MW-2022-45 Report Report to: Mayor and Council Date: August 9, 2022 Title: 2022 Tennis and Basketball Courts Improvements 2022 -564- 22 Contract Award Recommendation(s) 1. That Council award the 2022 Tennis and Basketball Courts Improvements Contract 2022-564-22 to the lowest compliant bidder, D&R Landscape Group Inc. for $1,112,282.00 +HST. 2. That Council approve a 2022 capital budget amendment of $220,000 funded by Capital Special Purpose Reserves. 3. That the Mayor and Clerk be authorized to execute the necessary documents. Executive Summary The purpose of this report is to seek approval of Council to award Contract 2022-564-22, 2022 Tennis and Basketball Courts Improvements project to the lowest compliant bidder, D&R Landscape Group Inc. Authorization is also being requested for the allocation of additional funding to this project. Background The 2022 Tennis and Basketball Courts Improvements project implements the approved recommendations of the 2017 City of Niagara Falls Tennis and Basketball Service Delivery Review and the 2021 City of Niagara Falls Recreation, Culture and Park Plan. This project will see the refurbishment and/or conversion of 4 tennis courts and 5 multi - purpose basketball courts at 6 City parks. The proposed work is as follows; • A.G. Bridge Park (6706 Culp Street), 2 tennis courts with pickleball lines and 1 multi-purpose basketball court • A.J. McKinley Park (4868 Crysler Avenue), 1 tennis court with pickleball lines • Alpine Park (7830 Alpine Drive), 1 multi-purpose basketball court • Glenview Park (4521 Leader Lane), 1 tennis court with pickleball lines and 1 multi-purpose basketball court • Preakness Park (7857 Preakness Street), 1 multi-purpose basketball court • Westfield Park (6983 Warden Avenue), 1 multi-purpose basketball court Analysis Staff issued a tender call on June 28, 2022 for Contract 2022 -564-22, 2022 Tennis and Basketball Courts Improvements with the closing on July 13, 2022. Four (4) bidders responded to the call. Page 1 of 4 Page 505 of 1156 Bidder City Tender Price Corrected Bid D&R Landscape Group Inc. Niagara Falls $1,112,282.00 - Stevensville Lawn Service Inc. Stevensville $1,476,609.00 $1,476,409.00 GMR Landscaping Inc. Toronto $1,528,614.00 $1,528,667.43 CRL Campbell Construction & Drainage Ltd. Welland $1,570,300.00 - and for bids the of mathematical errors thorough completed a staff City review specification compliance. The tender submitted by D&R Landscape Group Inc for the price of $1,112,282.00 +HST is the lowest compliant bid and being recommended by City staff for contract award. The project costs have exceeded the approved budget. This is largely due to additional drainage/stormwater in inflation anticipated than works with along sewer higher construction costs. As a result an additional $220,000 in funding w ill be necessary to proceed with the project. Construction is anticipated to commence upon contract execution and be completed by December 2022 (weather and site conditions permitting). Operational Implications and Risk Analysis The tennis and basketball courts will be maintained within existing staff resources. Rehabilitation of the courts will greatly extend their useful life and will reduce immediate maintenance and operational costs for upkeep. Financial Implications/Budget Impact The 2022 Tennis and Basketball Courts Improvements project received $1,017,500 funding in the 2022 Capital Budget. An additional $220,000 in funding is necessary to proceed with the project. Staff recommend reallocation of dollars to be funded by Capital Special Purpose Reserves. Strategic/Departmental Alignment The content and recommendation included in this report aligns with Council's adoption of the 2019-2022 Strategic Priorities to provide a Healthy, Safe & Livable Community. Contributor(s) David Antonsen List of Attachments 2022-564-22 Project Sites Written by: Page 2 of 4 Page 506 of 1156 David Antonsen, Landscape Architect Submitted by: Status: Erik Nickel, Director of Municipal Works Approved - 29 Jul 2022 Jason Burgess, CAO Approved - 30 Jul 2022 Page 3 of 4 Page 507 of 1156 2022 Tennis and Basketball Courts Improvements, Project Sites Print Date:© City of Niagara Falls 7/15/2022 This data is provided "as is" and the City of Niagara Falls (the City) makes no representations or warranties, expressed or implied, as to the accuracy or completeness of the data. The maps and drawings contained herein are intended for general layout purposes only and shall not be considered as official plans or drawings. For further information, please contact the City. The City shall not be held liable for special, incidental, consequential or indirect damages arising from the use of this data. Users assume all risks in using this data. No part of these digital images, or information, or hardcopies made from them may be reproduced and/or distributed without this disclaimer. Page 4 of 4 Page 508 of 1156 MW-2022-48 Report Report to: Mayor and Council Date: August 9, 2022 Title: Dorchester Road Sewer Separation Cost Sharing Agreement Recommendation(s) Separation Sewer Road Dorchester the complete to directed be Staff That 1. Improvements in conjunction with cost sharing with the developments of Village on Dorchester (26CD-11-2021-003) and Dorchester Townhouses Development (26CD-11- 2022-004). 2. That Council authorize a 2022 Capital Budget Amendment in the gross amount of $3,000,000 funded by a combination of Sewer Capital Special Purpose Reserves and developer contributions. 3. That the Mayor and City Clerk be authorized to execute all necessary Development/Cost Sharing agreements. Executive Summary Dorchester Road between Lundy’s Lane and Royal Manor Drive is classified as a collector road with a semi-urban cross section that includes a combined sewer collection system with an allocated drainage area of 10.98 hectars. It’s proximity to the Ontario Power Generation Canal allows opportunity to separate wet weather flows from the existing combined system. As part of future development opportunities along this section of Dorchester Road, Municipal Works Staff have coordinated with these developments to address both the removal of these existing wet weather flows, improvements to capacity for the existing drainage area and provide a suitable outlet for each future development lands. Staff retained Upper Canada Consultant to prepare alternatives to addressing existing and future stormwater run-off. It was recommended that the City in conjunction with the developments improve the existing outlet to the Ontario Power Generation Canal to allow for all future and existing minor stormwater flows to be discharged at an uncontrolled rate. Each party will enter cost sharing to contribute for all flows outletting from their respective sites. The purpose of this report is to recommend that Council authorize a capital budget amendment from Sewer Special Purpose Reserves and Developer Contributions in the Page 1 of 16 Page 509 of 1156 gross amount of $3,000,000 to be used as funding for the completion of this Capital Project and execute all necessary Development/Cost Sharing agreements. Background Dorchester Road between Lundy’s Lane and Royal Manor Drive is classified as a collector road with a semi-urban cross section that includes a combined sewer collection system with an allocated drainage area of 10.98 hectares. In close proximity to this area the City of Niagara Falls has a 750mm diameter stormwater outfall that is currently undersized to accommodate the existing 12.33 hectare drainage area of Brookfield Avenue from Lundy’s Lane to Garden Street. In 2018 the City undertook the resurfacing of this portion of Dorchester Road with the understanding of the need for future underground improvements. Two condominium development files along this portion of Dorchester Road hav e since come forward, 26CD-11-2021-003 Village on Dorchester (Approved) and 26CD-11-2022- 004 Dorchester Townhouses Development (Pending Approval). In early Pre-consultation Municipal Works Staff brought forth the idea of working with the development sites to address existing combined sewer systems along Dorchester as well as allow for a suitable storm outlet to the existing Ontario Power Generation Canal for the future development lands. As part of the Functional Servicing Studies prepared for each development, in lieu of storing stormwater management on site and releasing it to pre-existing condition into the existing combined sewer, Engineer’s on file recommended coordination with the City to increase the existing storm outlet at the OPG Canal to allow for such storm sewer improvements. In late 2021 Municipal Works retained Upper Canada Consultant to report on Engineering option to address separation of sewers along Dorchester Road from Lundy’s Lane to Royal Manor Drive. In addition, Municipal Works Staff have received funding from the Regions Wet Weather Management Program to offset the City’s portion of the design costs Analysis Municipal Works retained Upper Canada Consultants to review alternatives to addressing stormwater run-off from Dorchester Road, Lundy’s Lane to Royal Manor Drive for both existing and development land drainage areas. The review came up with three alternatives to address this area. They are as follows: Alternative #1 : Uncontrolled Stormwater Flows with a Reconstructed Outlet Pipe to the Ontario Power Generation Canal This option allows for uncontrolled stormwater flows to be discharged directly from the two development lands, Dorchester Road and the existing Brookfield Avenue drainage area which would result in increasing of the existing 750mm dia. storm sewer to a proposed 1500mm dia storm sewer outlet pipe. This alternative has the minimum ongoing maintenance for both the City and future development lands. Page 2 of 16 Page 510 of 1156 Alternative #2 Uncontrolled Stormwater Flows with Underground Storage This option allows for uncontrolled stormwater flows from the two development lands, Dorchester Road and existing Brookfield Avenue drainage area to be accommodated throughout the proposed storm sewer system but will be controlled by a downstream underground structure allowing for the flows to slowly discharge through the existing 750mm ongoing largest has alternative This the outlet sewer storm dia. pipe. maintenance for the City. Alternative #3 Controlled Stormwater Flows This option requires stormwater flows from the two development lands to be controlled on site to a pre-development rate allowing for a reduced flow throughout the proposed storm system. Dorchester Road sewer separation and the existing Brookfield Avenue storm drainage area would require improvements to the existing 750mm dia. storm sewer outlet pipe, in lieu of additional underground storage system similar to alternative #2. This alternative has the largest ongoing maintenance for both the future Development lands and the City. ESTIMATED COST SHARING SUMMARY Total Village on Dorchester Dorchester Townhouse Development City of Niagara Falls Alternative #1 $2,740,907.99 $516,382.81 $453,767.67 $1,770,757.50 Alternative #2 $3,624,564.01 $621,623.85 $562,364.42 $2,440,575.74 Alternative #3 $3,000,191.84 $540,037.59 $611,108.39 $1,849,045.86 Following this review of the alternatives the Consultant has recommended that alternative #1 is best suited for the cost and limited maintenance to both the City and future Development lands. It is recommended that cost sharing for improvements outlined in alternative #1 be conducted with the developments contributing for all flows outletting from their respective sites. Operational Implications and Risk Analysis The advancement of this project will allow for the removal of wet weather flows entering the system and limited the risk of basement flooding and other wet weather issues from occurring during these events. Financial Implications/Budget Impact To ensure meeting development timelines, Staff are requesting Council pre-approved the entire construction estimate of $3,000,000 with future developments contributing its fair portion through an executed cost sharing agreement. In addition, Staff will apply for further funding through the Region of Niagara’s Wet Weather Management Program to offset the City’s portion of the construction costs. Page 3 of 16 Page 511 of 1156 Strategic/Departmental Alignment Implementation of this project meets the intent of Council’s Strategic Priorities by providing strong and resilient infrastructure in a healthy and safe livable community through accountable government practices List of Attachments Dorchester Road Sewer Separation Technical Memo Written by: Nick Golia, Senior Project Manager/Development Submitted by: Status: Erik Nickel, Director of Municipal Works Approved - 02 Aug 2022 Jason Burgess, CAO Approved - 02 Aug 2022 Page 4 of 16 Page 512 of 1156 Upper Canada Planning & Engineering Ltd. 3-30 Hannover Drive St. Catharines, ON L2W 1A3 Phone 905-688-9400 Fax 905-688-5274 Page 1 TECHNICAL MEMO Dorchester Road Sewershed City of Niagara Falls April 2022 Upper Canada Consultants has been retained to design and outline the stormwater management strategy for the Dorchester Road Sewershed. This brief is a summary of the conclusions determined from three stormwater management scenarios modelled for the proposed residential developments. Two residential condominium developments are proposed to be constructed on the east side of Dorchester Road located north of High Street and south of Frederica Street. The north development owned by Centennial Homes (Niagara) Inc. is currently planned to contain 67 townhouse condominium units, and the south development owned by Pinewood Homes is planned to consist of 80 townhouse condominium units. There is no adequate stormwater outlet for the proposed developments and as such, this report will summarize three potential stormwater management scenarios that have been modelled to adequately convey stormwater flows from the proposed development sites to the existing headwall at the Hydro Canal. Through discussions between the clients of the proposed developments as well as the City of Niagara Falls, the proposed stormwater management plan is to construct a storm sewer on Dorchester Road and Garden Street from Lundy’s Lane to the existing stormwater outlet. The storm sewer will be sized to receive stormwater flows up to and including the 5 year design storm event from the proposed developments as well as the surrounding stormwater drainage area. Cost Sharing will occur for the construction of the selected Stormwater Management Plan. A MIDUSS model has been created of the overall Dorchester Road/Garden Street stormwater management system under the following scenarios: 1.Stormwater flows outletting uncontrolled from the proposed Dorchester Road condominium developments with an upgraded storm sewer to the existing Hydro Canal headwall outlet to provide full development potential without on-site controls. 2.Provide stormwater quantity measures in the form of underground storage (Cultec Chambers) to be constructed on the Hydro lands to avoid upgrading the existing 750mm diameter outlet pipe and reconstructing the outlet headwall to the Hydro Canal. 3.Control stormwater flows from the proposed condominium developments to overall Runoff Coefficients of 0.35 prior to discharging to the Dorchester Road storm sewer and install the downstream storm sewer system at a reduced scale. Page 5 of 16 Page 513 of 1156 Page 2 Scenario 1: Uncontrolled Stormwater Flows with Reconstructed Outlet Pipe The first option for the proposed storm sewer system is to construct a new storm sewer of sufficient size to convey stormwater flows up to the 5 year design storm event all the way to the existing headwall at the Hydro Canal. Currently, a 750mm diameter storm sewer serves as the stormwater outlet pipe for the overall Brookfield Avenue sewershed. It has been determined that a 1500mm diameter storm sewer would be required for the final length of storm sewer conveying stormwater flows to the headwall outlet from the upstream drainage area. This option will require the remediation of the existing headwall immediately adjacent to the Hydro Canal. Cost estimates for the three proposed scenarios (Appendix A) have been included in the Cost Sharing Breakdown table below. Overall sketches detailing each scenario are included in Appendix B. Scenario 2: Uncontrolled Stormwater Flows with Underground Storage The second option for the Dorchester Sewershed would construct a storm sewer on Dorchester Road and Garden Street up until MH ‘1’prior to the existing headwall and continue to utilize the existing 750mm diameter outlet pipe as the stormwater outlet and construct underground storage chambers (Cultec Chambers) to provide the necessary stormwater storage. Approximately 1,350m3 of storage using the Recharger 360HD Cultec Chambers would be required to be constructed on the adjacent Hydro Lands in order to provide adequate storage during the 5 year design storm event. As shown in the cost sharing break down below, this scenario results in a substantial increase in the overall cost for this stormwater management plan. As well, increased long-term annual maintenance expenses would result from the installation of such underground storage systems. Scenario 3: Controlled Stormwater Flows with Reconstructed Outlet Pipe The third option would require the condominium developments restrict stormwater flows on-site to a Runoff Coefficient of 0.35 prior to outletting to the proposed Dorchester Street storm sewer. This would reduce pipe sizes on 5 proposed storm sewer sections downstream of the condominium developments by one size compared to the Scenarios 1 & 2 sizing requirements. However, the Centennial and Pinewood Condominium developments would each be required to provide approximately 120m3 of on-site stormwater storage prior to outletting to the Dorchester Street storm sewer significantly increasing the price of the overall project. All mainline storm sewers within the developments would have to be approximately 675mm in diameter to provide adequate stormwater storage. Approximately 1250m3 of Cultec Chamber storage would still be required in conjunction with the on-site condominium storage for this scenario if the outlet pipe were to not be constructed to the existing headwall. Table 1. Cost Sharing Summary Total Centennial Pinewood City of Niagara Falls Scenario 1 $2,740,907.99 $516,382.81 $453,767.67 $1,770,757.50 Scenario 2 $3,624,564.01 $621,623.85 $562,364.42 $2,440,575.74 Scenario 3 $3,000,191.84 $540,037.59 $611,108.39 $1,849,045.86 *Values include general estimate for condominium development stormwater management systems Page 6 of 16 Page 514 of 1156 Page 3 It is our recommendation that Scenario 1 be selected for this development to upgrade the entire length of storm sewer to the existing headwall without requiring quantity controls within the proposed condominium developments or on Hydro Lands. This option would result in minimal disturbance to the Hydro Lands and not require any long-term maintenance expenses or liability issues for the municipality related to underground storage scenarios. As well, significant excess cost to the developers for their individual stormwater management systems would be minimized without the need for on-site stormwater storage. In all scenarios, quality controls will be provided for stormwater flows outletting from the proposed condominium developments prior to entering the proposed Dorchester Road storm sewer. The overland flow route for the overall storm drainage are will continue to direct stormwater flows to the intersection of Garden Street and Brookfield Avenue and ultimately to the Hydro Canal. CONCLUSIONS AND RECOMMENDATIONS Therefore, based on the above comments and design calculations provided for this site, the following summarizes the conclusions discussed in this brief: 1.Three stormwater management scenarios were modelled, with and without stormwater quantity controls. It is the opinion of Upper Canada Consultants that the ideal stormwater management plan is to reconstruct the storm sewer all the way to the existing headwall, negating the need for stormwater storage prior to outletting to the Hydro Canal. 2.Cost Sharing will be conducted with developers contributing for all flows outletting from their respective sites. 3.Stormwater quality controls will be provided by the proposed condominium developments prior to outletting to the proposed storm sewer. Major Overland Flows will continue as per existing conditions. Based on the above and the accompanying Stormwater Drainage Area Plan, we trust the above comments and enclosed calculations are satisfactory for approval. If you have any questions or require additional information, please do not hesitate to contact our office. Yours very truly, Prepared By: Reviewed By: Kurt Tiessen, E.I.T. Adam Keane, P.Eng. April 7, 2022 Page 7 of 16 Page 515 of 1156 APPENDICES Page 8 of 16 Page 516 of 1156 APPENDIX A Preliminary Cost Sharing Estimates Page 9 of 16 Page 517 of 1156 PAGE 1 1.Storm Sewers - Granular 'A' bedding and cover as per OPSD 802.010 and 802.030, select native material backfill compacted to 95% SPD, except under existing roads, full Granular 'A' backfill to 100% SPD under all asphalt areas. Including complete roadway and boulevard restoration and removal and disposal of existing sewers. Type and size of pipe as specified. a) MH '12' to MH '11' - 375mm dia. PVC Ribbed 85.7 m $1,480.00 $126,836.00 0% $0.00 0.0% $0.00 100% $126,836.00 b) MH 11' to MH '10' - 450mm dia. PVC Ribbed 86.6 m $1,500.00 $129,900.00 0% $0.00 0.0% $0.00 100% $129,900.00 c) MH '10' to MH '9' - 675mm dia. CONC CL65D 74.5 m $1,600.00 $119,200.00 0% $0.00 0.0% $0.00 100% $119,200.00 d) MH '9' to MH '8' - 675mm dia. CONC CL65D 59.2 m $1,600.00 $94,720.00 0% $0.00 0.0% $0.00 100% $94,720.00 e) MH '8' to MH '7' - 825mm dia. CONC CL65D 60.9 m $1,850.00 $112,665.00 33.2% $37,404.78 0.0% $0.00 66.8% $75,260.22 f) MH '7' to MH '6' - 825mm dia. CONC CL65D 65.9 m $1,900.00 $125,210.00 24.2% $30,300.82 0.0% $0.00 75.8% $94,909.18 g) MH '6' to MH '5' - 825mm dia. CONC CL65D 11.9 m $2,900.00 $34,510.00 24.2% $8,351.42 25.2% $8,696.52 50.6% $17,462.06 h) MH '5' to MH '4' - 1200mm dia. CONC CL65D 100.3 m $2,350.00 $235,705.00 21.4% $50,440.87 22.2% $52,326.51 56.4% $132,937.62 i) MH '4' to MH '3' - 1200mm dia. CONC CL65D 100.0 m $2,450.00 $245,000.00 20.3% $49,735.00 21.1% $51,695.00 58.6% $143,570.00 j) MH '3' to MH '2' - 1350mm dia. CONC CL65D 30.8 m $2,950.00 $90,860.00 20.1% $18,262.86 21.0% $19,080.60 58.9% $53,516.54 k) MH '2' to MH '1' - 1500mm dia. CONC CL65D 11.8 m $3,650.00 $43,070.00 11.9% $5,125.33 12.3% $5,297.61 75.8% $32,647.06 l) MH '1' to HW - 1500mm dia. CONC CL65D 44.5 m $3,250.00 $144,625.00 11.9% $17,210.38 12.3% $17,788.88 75.8% $109,625.75 2.Precast Concrete Maintenance Holes - size as specified as per OPSD 701.010, 701.011, 701.012 and 701.013 including frame and cover, adjustments, parging, benching, steps, concrete pipe supports and Granular 'A' backfill as specified a) MH '12' +/- 4.3m depth, 1200mm dia.1 ea $15,465.00 $15,465.00 0.0% $0.00 0.0% $0.00 100.0% $15,465.00 b) MH '11' +/- 3.3m depth, 1200mm dia.1 ea $13,468.00 $13,468.00 0.0% $0.00 0.0% $0.00 100.0% $13,468.00 c) MH '10' +/- 3.3m depth, 1500mm dia.1 ea $17,500.00 $17,500.00 0.0% $0.00 0.0% $0.00 100.0% $17,500.00 d) MH '9' +/- 3.3m depth, 1500mm dia.1 ea $17,900.00 $17,900.00 0.0% $0.00 0.0% $0.00 100.0% $17,900.00 e) MH '8' +/- 3.5m depth, 1500mm dia.1 ea $18,585.60 $18,585.60 33.2% $6,170.42 0.0% $0.00 66.8% $12,415.18 f) MH '7' +/- 3.5m depth, 1500mm dia.1 ea $18,585.60 $18,585.60 24.2% $4,497.72 0.0% $0.00 75.8% $14,087.88 g) MH '6' +/- 3.9m depth, 1500mm dia.1 ea $19,532.40 $19,532.40 24.2% $4,726.84 25.2% $4,922.16 50.6% $9,883.39 h) MH '5' +/- 4.1m depth, 2400mm dia.1 ea $43,732.80 $43,732.80 24.2% $10,583.34 25.2% $11,020.67 50.6% $22,128.80 i) MH '4' +/- 3.6m depth, 2400mm dia.1 ea $43,185.00 $43,185.00 21.4% $9,241.59 22.2% $9,587.07 56.4% $24,356.34 j) MH '3' +/- 3.6m depth, 2400mm dia.1 ea $43,185.00 $43,185.00 20.3% $8,766.56 21.1% $9,112.04 58.6% $25,306.41 k) MH '2' +/- 3.6m depth, 3000mm dia.1 ea $55,000.00 $55,000.00 11.9% $6,545.00 12.3% $6,765.00 75.8% $41,690.00 l) MH '1' +/- 3.6m depth, 3000mm dia.1 ea $55,000.00 $55,000.00 11.9% $6,545.00 12.3% $6,765.00 75.8% $41,690.00 3.Storm sewer flushing, video inspection, and mandrel testing 732.1 m $16.88 $12,357.85 14.4% $1,783.64 10.3% $1,274.08 75.3% $9,300.13 4.Reconstruction of existing headwall to accommodate new 1500mmm diameter storm sewer 1.0 L.S. $190,000.00 $190,000.00 11.9% $22,536.97 12.3% $23,449.46 75.8% $144,013.57 5.Centennial development on-site storm sewer system a) 450mm diameter storm sewers 310 m $280.00 $86,800.00 100% $86,800.00 0% $0.00 0% $0.00 b) Maintenance Holes 8 ea $8,000.00 $64,000.00 100% $64,000.00 0% $0.00 0% $0.00 6.Pinewood development on-site storm sewer system a) 450mm diameter storm sewers 310 m $280.00 $86,800.00 0% $0.00 100% $86,800.00 0% $0.00 b) Maintenance Holes 10 ea $8,000.00 $80,000.00 0% $0.00 100% $80,000.00 0% $0.00 $2,383,398.25 18.8% $449,028.53 16.6% $394,580.59 64.6% $1,539,789.13 +15% ENGINEERING AND CONTRACT ADMINISTRATION $357,509.74 $67,354.28 $59,187.09 $230,968.37 TOTAL $2,740,907.99 $516,382.81 $453,767.67 $1,770,757.50 DORCHESTER SEWERSHED, CITY OF NIAGARA FALLS UCC PROJECT NO. 21207 PRELIMINARY COST SHARING (SCENARIO 1 - NO STORAGE) APRIL 8, 2022 % CITY OF NIAGARA FALLS CITY OF NIAGARA FALLS COST % CENTENNIAL CENTENNIAL COST SUBTOTAL % PINEWOOD PINEWOOD COST ITEM NO.DESCRIPTION ESTIMATED QUANTITY UNIT UNIT PRICE TOTAL PRICE Page 10 of 16Page 518 of 1156 PAGE 1 1. Storm Sewers - Granular 'A' bedding and cover as per OPSD 802.010 and 802.030, select native material backfill compacted to 95% SPD, except under existing roads, full Granular 'A' backfill to 100% SPD under all asphalt areas. Including complete roadway and boulevard restoration and removal and disposal of existing sewers. Type and size of pipe as specified. a) MH '12' to MH '11' - 375mm dia. PVC Ribbed 85.7 m $1,480.00 $126,836.00 0% $0.00 0.0% $0.00 100% $126,836.00 b) MH 11' to MH '10' - 450mm dia. PVC Ribbed 86.6 m $1,500.00 $129,900.00 0% $0.00 0.0% $0.00 100% $129,900.00 c) MH '10' to MH '9' - 675mm dia. CONC CL65D 74.5 m $1,600.00 $119,200.00 0% $0.00 0.0% $0.00 100% $119,200.00 d) MH '9' to MH '8' - 675mm dia. CONC CL65D 59.2 m $1,600.00 $94,720.00 0% $0.00 0.0% $0.00 100% $94,720.00 e) MH '8' to MH '7' - 825mm dia. CONC CL65D 60.9 m $1,850.00 $112,665.00 33.2% $37,404.78 0.0% $0.00 66.8% $75,260.22 f) MH '7' to MH '6' - 825mm dia. CONC CL65D 65.9 m $1,900.00 $125,210.00 24.2% $30,300.82 0.0% $0.00 75.8% $94,909.18 g) MH '6' to MH '5' - 825mm dia. CONC CL65D 11.9 m $2,900.00 $34,510.00 24.2% $8,351.42 25.2% $8,696.52 50.6% $17,462.06 h) MH '5' to MH '4' - 1200mm dia. CONC CL65D 100.3 m $2,350.00 $235,705.00 21.4% $50,440.87 22.2% $52,326.51 56.4% $132,937.62 i) MH '4' to MH '3' - 1200mm dia. CONC CL65D 100.0 m $2,450.00 $245,000.00 20.3% $49,735.00 21.1% $51,695.00 58.6% $143,570.00 j) MH '3' to MH '2' - 1350mm dia. CONC CL65D 30.8 m $2,950.00 $90,860.00 20.1% $18,262.86 21.0% $19,080.60 58.9% $53,516.54 k) MH '2' to MH '1' - 1500mm dia. CONC CL65D 11.8 m $3,650.00 $43,070.00 11.9% $5,125.33 12.3% $5,297.61 75.8% $32,647.06 l) CULTEC to MH '1' - 1500mm dia. CONC CL65D 28.3 m $3,650.00 $103,295.00 11.9% $12,292.11 12.3% $12,705.29 75.8% $78,297.61 2. Precast Concrete Maintenance Holes - size as specified as per OPSD 701.010, 701.011, 701.012 and 701.013 including frame and cover, adjustments, parging, benching, steps, concrete pipe supports and Granular 'A' backfill as specified a) MH '12' +/- 4.3m depth, 1200mm dia. 1 ea $15,465.00 $15,465.00 0.0% $0.00 0.0% $0.00 100.0% $15,465.00 b) MH '11' +/- 3.3m depth, 1200mm dia. 1 ea $13,468.00 $13,468.00 0.0% $0.00 0.0% $0.00 100.0% $13,468.00 c) MH '10' +/- 3.3m depth, 1500mm dia. 1 ea $17,500.00 $17,500.00 0.0% $0.00 0.0% $0.00 100.0% $17,500.00 d) MH '9' +/- 3.3m depth, 1500mm dia. 1 ea $17,900.00 $17,900.00 0.0% $0.00 0.0% $0.00 100.0% $17,900.00 e) MH '8' +/- 3.5m depth, 1500mm dia. 1 ea $18,585.60 $18,585.60 33.2% $6,170.42 0.0% $0.00 66.8% $12,415.18 f) MH '7' +/- 3.5m depth, 1500mm dia. 1 ea $18,585.60 $18,585.60 24.2% $4,497.72 0.0% $0.00 75.8% $14,087.88 g) MH '6' +/- 3.9m depth, 1500mm dia. 1 ea $19,532.40 $19,532.40 24.2% $4,726.84 25.2% $4,922.16 50.6% $9,883.39 h) MH '5' +/- 4.1m depth, 2400mm dia. 1 ea $43,732.80 $43,732.80 24.2% $10,583.34 25.2% $11,020.67 50.6% $22,128.80 i) MH '4' +/- 3.6m depth, 2400mm dia. 1 ea $43,185.00 $43,185.00 21.4% $9,241.59 22.2% $9,587.07 56.4% $24,356.34 j) MH '3' +/- 3.6m depth, 2400mm dia. 1 ea $43,185.00 $43,185.00 20.3% $8,766.56 21.1% $9,112.04 58.6% $25,306.41 k) MH '2' +/- 3.6m depth, 3000mm dia. 1 ea $55,000.00 $55,000.00 11.9% $6,545.00 12.3% $6,765.00 75.8% $41,690.00 l) MH '1' +/- 3.6m depth, 3000mm dia. 1 ea $55,000.00 $55,000.00 11.9% $6,545.00 12.3% $6,765.00 75.8% $41,690.00 3. Storm sewer flushing, video inspection, and mandrel testing 715.9 m $16.88 $12,084.39 14.5% $1,752.84 10.3% $1,239.08 75.2% $9,092.48 4. Cultec Chambers including clearing, supply, installation and all granular material. Approx 1350m3 Chamber Storage 1.0 L.S. $1,000,000.00 $1,000,000.00 11.9% $119,000.00 12.3% $123,000.00 75.8% $758,000.00 5. Centennial development on-site storm sewer system a) 450mm diameter storm sewers 310 m $280.00 $86,800.00 100% $86,800.00 0% $0.00 0% $0.00 b) Maintenance Holes 8 ea $8,000.00 $64,000.00 100% $64,000.00 0% $0.00 0% $0.00 6. Pinewood development on-site storm sewer system a) 450mm diameter storm sewers 310 m $280.00 $86,800.00 0% $0.00 100% $86,800.00 0% $0.00 b) Maintenance Holes 10 ea $8,000.00 $80,000.00 0% $0.00 100% $80,000.00 0% $0.00 $3,151,794.79 17.2% $540,542.48 15.5% $489,012.54 67.3% $2,122,239.77 +15% ENGINEERING AND CONTRACT ADMINISTRATION $472,769.22 $81,081.37 $73,351.88 $318,335.97 TOTAL $3,624,564.01 $621,623.85 $562,364.42 $2,440,575.74 DORCHESTER SEWERSHED, CITY OF NIAGARA FALLS UCC PROJECT NO. 21207 PRELIMINARY COST SHARING (SCENARIO 2 - WITH CULTEC CHAMBERS) APRIL 8, 2022 ITEM NO.DESCRIPTION ESTIMATED QUANTITY UNIT UNIT PRICE TOTAL PRICE SUBTOTAL % CENTENNIAL CENTENNIAL COST % PINEWOOD PINEWOOD COST % CITY OF NIAGARA FALLS CITY OF NIAGARA FALLS COST Page 11 of 16Page 519 of 1156 PAGE 1 1. Storm Sewers - Granular 'A' bedding and cover as per OPSD 802.010 and 802.030, select native material backfill compacted to 95% SPD, except under existing roads, full Granular 'A' backfill to 100% SPD under all asphalt areas. Including complete roadway and boulevard restoration and removal and disposal of existing sewers. Type and size of pipe as specified. a) MH '12' to MH '11' - 375mm dia. PVC Ribbed 85.7 m $1,480.00 $126,836.00 0% $0.00 0.0% $0.00 100% $126,836.00 b) MH 11' to MH '10' - 450mm dia. PVC Ribbed 86.6 m $1,500.00 $129,900.00 0% $0.00 0.0% $0.00 100% $129,900.00 c) MH '10' to MH '9' - 675mm dia. CONC CL65D 74.5 m $1,600.00 $119,200.00 0% $0.00 0.0% $0.00 100% $119,200.00 d) MH '9' to MH '8' - 675mm dia. CONC CL65D 59.2 m $1,600.00 $94,720.00 0% $0.00 0.0% $0.00 100% $94,720.00 e) MH '8' to MH '7' - 750mm dia. CONC CL65D 60.9 m $1,737.60 $105,819.84 21.9% $23,174.54 0.0% $0.00 78.1% $82,645.30 f) MH '7' to MH '6' - 750mm dia. CONC CL65D 65.9 m $1,826.40 $120,359.76 17.6% $21,183.32 0.0% $0.00 82.4% $99,176.44 g) MH '6' to MH '5' - 750mm dia. CONC CL65D 11.9 m $2,812.80 $33,472.32 17.6% $5,891.13 17.4% $5,824.18 65.0% $21,757.01 h) MH '5' to MH '4' - 1050mm dia. CONC CL65D 100.3 m $2,212.80 $221,943.84 15.0% $33,291.58 14.9% $33,069.63 70.1% $155,582.63 i) MH '4' to MH '3' - 1050mm dia. CONC CL65D 100.0 m $2,212.80 $221,280.00 14.1% $31,200.48 14.0% $30,979.20 71.9% $159,100.32 j) MH '3' to MH '2' - 1200mm dia. CONC CL65D 30.8 m $2,612.40 $80,461.92 13.9% $11,184.21 13.8% $11,103.74 72.3% $58,173.97 k) MH '2' to MH '1' - 1500mm dia. CONC CL65D 11.8 m $3,650.00 $43,070.00 7.5% $3,230.25 7.5% $3,230.25 85.0% $36,609.50 l) CULTEC to MH '1' - 1500mm dia. CONC CL65D 28.3 m $3,250.00 $91,975.00 7.5% $6,898.13 7.5% $6,898.13 85.0% $78,178.75 2. Precast Concrete Maintenance Holes - size as specified as per OPSD 701.010, 701.011, 701.012 and 701.013 including frame and cover, adjustments, parging, benching, steps, concrete pipe supports and Granular 'A' backfill as specified a) MH '12' +/- 4.3m depth, 1200mm dia.1 ea $15,465.00 $15,465.00 0.0% $0.00 0.0% $0.00 100.0% $15,465.00 b) MH '11' +/- 3.3m depth, 1200mm dia.1 ea $13,468.00 $13,468.00 0.0% $0.00 0.0% $0.00 100.0% $13,468.00 c) MH '10' +/- 3.3m depth, 1500mm dia.1 ea $17,500.00 $17,500.00 0.0% $0.00 0.0% $0.00 100.0% $17,500.00 d) MH '9' +/- 3.3m depth, 1500mm dia.1 ea $17,900.00 $17,900.00 0.0% $0.00 0.0% $0.00 100.0% $17,900.00 e) MH '8' +/- 3.5m depth, 1500mm dia.1 ea $18,585.60 $18,585.60 21.9% $4,070.25 0.0% $0.00 78.1% $14,515.35 f) MH '7' +/- 3.5m depth, 1500mm dia.1 ea $18,585.60 $18,585.60 17.6% $3,271.07 0.0% $0.00 82.4% $15,314.53 g) MH '6' +/- 3.9m depth, 1500mm dia.1 ea $19,532.40 $19,532.40 17.6% $3,437.70 17.4% $3,398.64 65.0% $12,696.06 h) MH '5' +/- 4.1m depth, 2400mm dia.1 ea $43,732.80 $43,732.80 17.6% $7,696.97 17.4% $7,609.51 65.0% $28,426.32 i) MH '4' +/- 3.6m depth, 1800mm dia.1 ea $35,000.00 $35,000.00 15.0% $5,250.00 14.9% $5,215.00 70.1% $24,535.00 j) MH '3' +/- 3.6m depth, 2400mm dia.1 ea $43,185.00 $43,185.00 14.1% $6,089.09 14.0% $6,045.90 71.9% $31,050.02 k) MH '2' +/- 3.6m depth, 2400mm dia.1 ea $43,185.00 $43,185.00 7.5% $3,238.88 7.5% $3,238.88 85.0% $36,707.25 l) MH '1' +/- 3.6m depth, 3000mm dia.1 ea $55,000.00 $55,000.00 7.5% $4,125.00 7.5% $4,125.00 85.0% $46,750.00 3. Storm sewer flushing, video inspection, and mandrel testing 715.9 m $16.88 $12,084.39 9.8% $1,183.64 6.6% $792.60 83.6% $10,108.15 4. Reconstruction of existing headwall to accommodate new 1500mmm diameter storm sewer 1.0 L.S. $190,000.00 $190,000.00 7.5% $14,281.68 7.5% $14,167.95 85.0% $161,550.37 5. Centennial development on-site storm sewer system a) 675mm diameter storm sewers 310 m $390.00 $120,900.00 100% $120,900.00 0% $0.00 0% $0.00 b) Maintenance Holes 8 ea $20,000.00 $160,000.00 100% $160,000.00 0% $0.00 0% $0.00 6. Pinewood development on-site storm sewer system a) 750mm diameter storm sewers 310 m $470.00 $145,700.00 0% $0.00 100% $145,700.00 0% $0.00 b) Maintenance Holes 10 ea $25,000.00 $250,000.00 0% $0.00 100% $250,000.00 0% $0.00 $2,608,862.47 18.0% $469,597.90 20.4% $531,398.60 61.6% $1,607,865.97 +15% ENGINEERING AND CONTRACT ADMINISTRATION $391,329.37 $70,439.69 $79,709.79 $241,179.90 TOTAL $3,000,191.84 $540,037.59 $611,108.39 $1,849,045.86 DORCHESTER SEWERSHED, CITY OF NIAGARA FALLS UCC PROJECT NO. 21207 PRELIMINARY COST SHARING (SCENARIO 3 - CONDOMINIUM STORAGE) APRIL 8, 2022 ITEM NO.DESCRIPTION ESTIMATED QUANTITY UNIT UNIT PRICE TOTAL PRICE SUBTOTAL % CENTENNIAL CENTENNIAL COST % PINEWOOD PINEWOOD COST % CITY OF NIAGARA FALLS CITY OF NIAGARA FALLS COST Page 12 of 16Page 520 of 1156 APPENDIX B Proposed Stormwater Scenario 1 Detail Proposed Stormwater Scenario 2 Detail Proposed Stormwater Scenario 3 Detail Page 13 of 16 Page 521 of 1156 375mmØ STM450mmØ STM675mmØ STM675mmØ STM825mmØ STM825mmØ STM1200mmØ STM 1200mmØ STM 1350mmØ STM 825mmØ STM 1500mmØ STM 1500mmØ STM CITY OF NIAGARA FALLS SCENARIO 1 STORM SEWER SIZING DORCHESTER SEWERSHED 21207 FIGURE 2 LUNDY'S LANE (REGIONAL ROAD 20) HIGH STREET FREDER I C A S T R E E TROYA L MANOR DR I V E DORCHESTER ROADHIGHWAY 420 LEEMING STREET GARDEN STREET BROOKFIELD AVENUEDEPEW STREETHYD R O C A N AL EXISTING STORMWATER OUTLET PINEWOOD CONDO DEVELOPMENT CENTENNIAL CONDO DEVELOPMENT MH '12' MH '11' MH '10' MH '9' MH '8' MH '7' MH '6' MH '5' MH '4' MH '3'MH '2' MH '1' *NOTE: SCENARIO 1 CONSISTS OF CONDOMINIUM DEVELOPMENTS OUTLETTING STORMWATER FLOWS TO PROPOSED DORCHESTER STORM SEWER SYSTEM UNCONTROLLED AND RECONSTRUCTING EXISTING STORMWATER OUTLET. ALL RUNOFF COEFFICIENTS UTILIZED TAKEN FROM CITY OF NIAGARA FALLS STANDARDS. Page 14 of 16 Page 522 of 1156 375mmØ STM450mmØ STM675mmØ STM675mmØ STM825mmØ STM825mmØ STM1200mmØ STM 1200mmØ STM 1350mmØ STM 825mmØ STM 1500mmØ STM 1500mmØ STM CITY OF NIAGARA FALLS SCENARIO 2 STORM SEWER SIZING DORCHESTER SEWERSHED 21207 FIGURE 3 LUNDY'S LANE (REGIONAL ROAD 20) HIGH STREET FREDER I C A S T R E E TROYA L MANOR DR I V E DORCHESTER ROADHIGHWAY 420 LEEMING STREET GARDEN STREET BROOKFIELD AVENUEDEPEW STREETHYD R O C A N AL EXISTING 750Ø OUTLET PIPE EXISTING STORMWATER OUTLET PINEWOOD CONDO DEVELOPMENT CENTENNIAL CONDO DEVELOPMENT MH '12' MH '11' MH '10' MH '9' MH '8' MH '7' MH '6' MH '5' MH '4' MH '3'MH '2' MH '1' CULT E C C H A M B E R S APP R O X ~ 1370 m 3(20m x 88 m) *NOTE: SCENARIO 2 CONSISTS OF CONDOMINIUM DEVELOPMENTS OUTLETTING STORMWATER FLOWS TO PROPOSED DORCHESTER STORM SEWER SYSTEM UNCONTROLLED AND UNDERGROUND STORAGE ON HYDRO LANDS ADJACENT TO OUTLET. ALL RUNOFF COEFFICIENTS UTILIZED TAKEN FROM CITY OF NIAGARA FALLS STANDARDS. Page 15 of 16 Page 523 of 1156 375mmØ STM450mmØ STM675mmØ STM675mmØ STM750mmØ STM750mmØ STM1050mmØ STM 1050mmØ STM 1200mmØ STM 750mmØ STM 1500mmØ STM 1500mmØ STM CITY OF NIAGARA FALLS SCENARIO 3 STORM SEWER SIZING DORCHESTER SEWERSHED 21207 FIGURE 4 LUNDY'S LANE (REGIONAL ROAD 20) HIGH STREET FREDER I C A S T R E E TROYA L MANOR DR I V E DORCHESTER ROADHIGHWAY 420 LEEMING STREET GARDEN STREET BROOKFIELD AVENUEDEPEW STREETHYD R O C A N AL EXISTING STORMWATER OUTLET PINEWOOD CONDO DEVELOPMENT CENTENNIAL CONDO DEVELOPMENT MH '12' MH '11' MH '10' MH '9' MH '8' MH '7' MH '6' MH '5' MH '4' MH '3'MH '2' MH '1' *NOTE: SCENARIO 3 CONSISTS OF CONDOMINIUM DEVELOPMENTS CONTROLLING STORMWATER OUTFLOWS TO AN OVERALL RUNOFF COEFFICIENT OF 0.35 PRIOR TO OUTLETTING TO THE PROPOSED DORCHESTER ROAD STORM SEWER SYSTEM. ALL RUNOFF COEFFICIENTS UTILIZED TAKEN FROM CITY OF NIAGARA FALLS STANDARDS. Page 16 of 16 Page 524 of 1156 MW-2022-49 Report Report to: Mayor and Council Date: August 9, 2022 Title: Chippawa Parkway - Speed Control Review Recommendation(s) 1. That the speed control plan consisting of six (6) speed cushions on Chippawa Parkway between Thomas Street and Portage Road be approved; 2. Subject to budget approval, that the installation of temporary (rubber) speed cushions permanebe until installed the devices control speed nt can be incorporated as part of a future road rehabilitation project; and, 3. That the purchase of the temporary speed cushions be referred to the 2023 Capital Budget deliberations. Executive Summary Staff received a resident request to review the potential installation of speed control devices on Chippawa Parkway to curtail speeding concerns. Staff followed up with speed studies and noted that a speeding problem was present. The questionnaires distributed to residents on Chippawa Parkway between Thomas Street and Portage Road gained a consensus the devices control speed from implementation the favouring of neighbourhood. The results from the questionnaires are provided in the table below: Total Delivered In favour Opposed No Response 61 31 (51%) 3 (5%) 27 (44%) As per the City’s Neighbourhood Traffic Management Policy, the residential component has met the minimum 51% support rate from the neighbourhood. Staff is recommending that the speed control plan be approved as a result of the following: • Operating speeds are consistently above acceptable threshold; • Safety concern for pedestrians, • Continued safety concerns are being raised by residents regarding the speed of drivers on Chippawa Parkway, and • Residential support being met. Page 1 of 24 Page 525 of 1156 Background In the study area, Chippawa Parkway is a minor residential collector roadway that extends northeast-southwest for approximately 900 metres between Portage Road and Thomas Street. Chippawa Parkway has a pavement width vary from 7.2 to 7.7 metres. A sidewalk for pedestrian use, separated from the roadway by a grass boulevard, is present on each side of Chippawa Parkway. Light standards are present on the northeast side of the roadway. The horizontal and vertical alignments of the roadway are level. The legal speed limit of Chippawa Parkway Street is 40 km/h. The land-use surrounding the road segment within the study area is predominantly residential with an industrial facility located on the northwest side of Chippawa Parkway, south of Norton Street. A rail spur line crosses Chippawa Parkway approximately 30 metres south of Norton Street. The intersection of Chippawa Parkway and Portage Road is controlled by a stop sign facing northeast-bound motorists on Chippawa Parkway. There are no stop signs on Chippawa Parkway, between Portage Road and Stanley Avenue. Analysis Chippawa Parkway carries approximately 750 cars daily. These traffic volumes are within the expectations of a minor residential collector roadway. There is not a collision problem on Chippawa Parkway based on an analysis for the previous three years. Speed studies carried out on Chippawa Parkway between Thomas Street and Portage Road revealed that the operating speed is between 49 km/h and 62 km/h, whereas the legal speed limit of this study area is 40 km/h. Per City policy, the warranting criteria for the installation of traffic calming devices is met when the operating speed exceeds the speed limit by more than 10 km/h. Given the study results, the technical component for speed control devices on Chippawa Parkway is fulfilled. Given that a speeding problem was identified, Staff solicited the input of the neighbourhood in October 2021 on their preference for speed control devices. A total of sixty-one (61) questionnaires were delivered to all property owners on Chippawa Parkway between Portage Road and Thomas Street. Thirty-four (34) responses were received, representing a 56% response rate. Thirty-one respondents (51%) identified that they were in support of speed control devices. Given that a simple majority of residents support traffic calming, the residential support component for speed control devices is fulfilled. Staff prepared a speed control plan that consisted of six (6) speed cushions on Chippawa Parkway between Thomas Street and Portage Road. Speed cushions are a modified speed hump that have openings to allow vehicles with wider wheelbases, such as a fire truck or an ambulance, unencumbered passage. A driver of a passenger vehicle will have one side of their vehicle pass over the hump. Speed cushions are generally round or flat- topped encouraging motorists to drive over them at speeds of 30 -40 km/h. Speed cushions have been constructed on Angie Drive in autumn 2016 as part of the subdivision speed control plan, Mount Carmel Boulevard in spring 2018, and Forestview Boulevard in summer 2020, and Welland Street in Chippawa in 2021. No negative comments have been received from residents of the aforementioned streets, and their respective surrounding neighbourhood, regarding these device s. Page 2 of 24 Page 526 of 1156 Fire Service Staff has no objections to the proposed speed control plan. The proposed speed cushions will allow their fire response vehicles to bypass the devices without being delayed. Residents were invited to attend a neighbourhood meeting on June 16, 2022, via the online ZOOM platform to allow Chippawa Parkway stakeholders the opportunity to review Staff’s concept plan and provide comments. The public meeting material was posted on the City’s website following the scheduled date of the online meeting for those that could not attend, and this information was identified in the meeting notice letter delivered to all abutting homeowners on Chippawa Parkway within the study area. Seven residents participated in the virtual meeting. Generally, the plan was well received, though one resident wished to have all-way stops instead of speed cushions. Formal written comments were received from two (2) residents – one resident is in support of the speed control plan while the other resident identified that noise levels will increase with the proposed speed cushions. Both the technical component and residential component have been fulfilled. Staff is recommending the construction of six (6) speed cushions in the locations identified at the June 16, 2022 public meeting. Lastly, Staff presented the traffic calming plan to the adjacent industrial facility (Saint - Gobain Ceramic Material Canada), noting the installation of the proposed temporary speed cushions will be reviewed with them directly following installation. Should any conflicts arise with installations and their heavy truck movements to/from the facility, Staff will adjust the plan accordingly. Financial Implications/Budget Impact iscushions asphalt speed (6) six of construction The permanent at estimated $35,000.However, due to the road condition, the Asset Management Division has asked to delay installing permanent devices until the City’s Asset Management Plan is developed, tentatively late 2023. Any future major works and when they may occ ur for Chippawa Parkway will be identified in this plan. Transportation control on devices speed installing recommends Staff temporary Chippawa Parkway, starting in spring 2023. The devices would be removed prior to the winter, and then re-installed the following spring. When Chippawa Parkway is reconstructed, permanent devices will be included in the project. The purchase of six (6) temporary speed cushion is estimated at $25,000. The installation of the signs for the devices is to be carried out by Municipal Works - Transportation Services staff. It is estimated that the cost to install the signs and apply the appropriate pavement markings is approximately $500 for each speed cushion. The Page 3 of 24 Page 527 of 1156 signs will be bagged in the winter when the temporary cushions are removed for the season. Strategic/Departmental Alignment Encourage multi-modal travel and active transportation initiatives, and enhance motorist, cyclist and pedestrian safety. List of Attachments MW-2022-49 - Chippawa Parkway - Speed Control Review - Attachment 1 MW-2022-49 - Chippawa Parkway - Speed Control Review - Attachment 2 Written by: Mathew Bilodeau, Manager of Transportation Engineering Submitted by: Status: Erik Nickel, Director of Municipal Works Approved - 02 Aug 2022 Jason Burgess, CAO Approved - 02 Aug 2022 Page 4 of 24 Page 528 of 1156 MW-2022-49 Chippawa Parkway -Speed Control Study Concept Plan Huggins Street Portage Road-Proposed Speed Cushion AN Myer Secondary School Page 5 of 24Page 529 of 1156 WELCOME CHIPPAWA PARKWAY SPEED CONTROL REVIEW NEIGHBOURHOOD OPEN HOUSE City of Niagara Falls Municipal Works –Transportation Services Page 6 of 24Page 530 of 1156 NEIGHBOURHOOD TRAFFIC REVIEW OBJECTIVES A Neighbourhood Traffic Review should be undertaken in consideration of the following goals: ➢Enhance the quality of life and livability in City of Niagara Falls' neighbourhoods through the use of traffic management measures, such as speed humps, that reduce or control the impact of vehicle traffic; ➢Change the culture of neighbourhood street use from 'cars first' to 'people first '; ➢Create neighbourhood environments that support and encourage the use of non -auto modes of travel such as cycling, walking and transit; and, ➢Develop a transportation system that recognizes and accommodates to the greatest extent possible, the multitude of activities that take place along the roadway. The process should involve: ➢Public consultation and input in all aspects of the process; ➢A process that is fair, balanced and equitable and reflects the needs of all users; and ➢A process that reflects the City of Niagara Falls funding capabilities. Specific objectives of the Neighbourhood Traffic Review are to: ➢Improve safety and convenience for all users of the street; ➢Reduce the number and severity of collisions; ➢Reduce the volume and/or speed of motorized traffic; ➢Reduce the volume of traffic that has neither its origin or destination within the residential neighbourhood; ➢Minimize effects on the adjacent or nearby local residential streets; and ➢Reduce motor vehicle emissions.Page 7 of 24Page 531 of 1156 BACKGROUND & EXISTING CONDITIONS The City received a request from a resident to review the speed of traffic and consider speed control devices on Chippawa Parkway from Thomas Street to Portage Road. Chippawa Parkway: ➢is a two-lane, two-way minor residential collector roadway. ➢extends 6 blocks away for 0.9 kilometres from Portage Road to Thomas Street within the study area. ➢Intersects Thomas Street/Larry’s Lane, Peter Street, Reilly Street, Pell Street, Daily Street, Norton Street and ends at Portage Road. ➢Is surrounded predominantly by residential properties, with an industrial facility located southwest of Norton Street. ➢has a Canadian Pacific rail spur line that cross the road southwest of Norton Street, to service the industrial property. ➢has sidewalk for pedestrian use, separated from the roadway by a grass boulevard on each side of the road throughout the study area. ➢has a 7.2 metre pavement width between Thomas Street and Norton Street. ➢has a 7.7 metre pavement width between Norton Street and Portage Road. ➢has a 40 km/h speed limit.Page 8 of 24Page 532 of 1156 TECHNICAL DATA Chippawa Parkway carries approximately 750 cars daily between Thomas Street and Portage Road. These traffic volumes are within the expectations of a minor residential collector roadway. A collision problem has not been found on Chippawa Parkway. There have been no reported collisions related to excessive vehicle speeds in the previous three years. Speed data collected in the field identified that the operating speed is between 49 km/h and 62 km/h, whereas the legal speed limit of this study area is 40 km/h. Per City policy, the warranting criteria for the installation of traffic calming devices is met when the operating speed exceeds the speed limit by more than 10 km/h. Given the 40 km/h speed limit , the technical component for speed control devices is fulfilled.Page 9 of 24Page 533 of 1156 PUBLIC CONSULTATION Given that a speeding problem was identified, Staff solicited the input of the neighbourhood on their preference for speed control devices. The area of solicitation encompasses residences between Portage Road and Thomas Street. Chippawa Parkway between Portage Road and Thomas Street o 61 questionnaires were delivered o 34 responses were received (56%) o 31 respondents are in support of speed control devices which equates to 51% support Given that a simple majority of residents support traffic calming, the residential support component for speed control devices is fulfilled.Page 10 of 24Page 534 of 1156 SPEED CUSHIONS Speed cushions are a modified speed hump that has openings to allow vehicles with wider wheelbases, such as a fire truck or a n ambulance, unencumbered passage. A driver of a passenger vehicle will have one side of their vehicle pass over the hump . Speed cushions are generally round or flat-topped encouraging motorists to drive over them at speeds of 30-40 km/h. Each speed cushion costs approximately $5,500 Advantages: ▪Prevents drivers from exceeding the speed limit while not requiring them to fully stop ▪Have the advantage of being self-enforcing ▪May reduce number & severity of collisions ▪Safer conditions for cyclists and pedestrians ▪A parking restriction is not required at the speed cushion location ▪Discourages cut-through traffic ▪Does not slow down emergency vehicles (due to wider wheelbases) as drivers can pass through the gaps Disadvantages: ▪Increases noise with drivers decelerating & accelerating over the humps Local Example: Welland Street next to Chippawa Lion’s Park *Photo of a portable speed cushion for clarity Page 11 of 24Page 535 of 1156 Speed Cushion on Welland Street Page 12 of 24Page 536 of 1156 What is the difference between a speed bump and a speed cushion? SPEED CUSHION SPECIFICATIONS 0.3m 4.0m Speed Bump Speed Cushion 8cm8cm Speed Bump Speed Cushion Height 8 centimetres 8 centimetres Length 30-40 centimetres 4 metres Causes…Abrupt vertical motion Gentle rocking motion Encourages speeds of…10 km/h or less 30-40 km/h Legal on Public Roads?No Yes Page 13 of 24Page 537 of 1156 GUIDING PRINCIPLES Speed control devices are located based on the following: ▪Devices are most effective if they are evenly spaced, ideally 100 metres apart, so that motorists are not able to speed between them. ▪Cannot be placed in front of driveways since signs are posted on both sides of the road next to the device. This way their location is known when the roads are snow covered. ▪Devices are avoided on road curves. ▪Avoid placing them where utilities, manholes, valves, catch basins, etc. are located; and ensure positive drainage is maintained.Page 14 of 24Page 538 of 1156 1 –Between 4301 and 4291 Chippawa Parkway 2 –In front of 4196 Chippawa Parkway –20 m east of Reilly Street 3 –Between 4108 and 4110 Chippawa Parkway 1 164m 2 142m 3 142m 4 154m 5 136m 6 4 –In front of 4032 Chippawa Parkway 5 –In front of 3966 Chippawa Parkway 6 –In front of 3900 Chippawa Parkway –20 m east of Norton Street SPEED CUSHION LOCATIONS Page 15 of 24Page 539 of 1156 TIMING •Due to the road condition, our Asset Management Division has asked to delay installing permanent devices until the City’s Asset Management Plan is developed, tentatively late 2023. •Any future major works and when they may occur for Chippawa Parkway will be identified in this plan. •Transportation Staff will recommend installing temporary speed control devices, starting in Spring 2023. The devices would be removed prior to the winter, and then re-installed the following Spring. •When Chippawa Parkway is reconstructed, permanent devices will be included in the project.Page 16 of 24Page 540 of 1156 NEXT STEPS ➢Your input is important! Please take the time to comment on the study findings and recommended plan by either completing the comments sheet or getting in touch with one of the project team members. ➢Talk to your neighbours who could not attend tonight and encourage them to provide their support for the speed control plan. ➢Staff will incorporate and/or address the comments and suggestions received from this neighbourhood meeting in the final plan. ➢Comments are requested by Monday, June 27, 2022. ➢Bring the matter to City Council for approval.Page 17 of 24Page 541 of 1156 THANK YOU FOR ATTENDING ➢The display boards and comment form from tonight’s meeting will be posted on the City’s website by the end of the week. www.niagarafalls.ca City Hall Departments Transportation Services Transportation Engineering ➢Project team members: John Grubich, C.E.T.Hanh Vu •Traffic Planning Supervisor •Traffic Technologist •(905) 356-7521 ext. 5214 •(905) 356-7521 ext. 5215 •jgrubich@niagarafalls.ca •hvu@niagarafalls.ca Page 18 of 24Page 542 of 1156 Between 4301 and 4291 Chippawa Parkway (Exact location to be determined)Page 19 of 24Page 543 of 1156 In front of 4196 Chippawa Parkway –20 m east of Reilly Street (Exact location to be determined)Page 20 of 24Page 544 of 1156 Between 4118 and 4120 Chippawa Parkway (Exact location to be determined)Page 21 of 24Page 545 of 1156 In front of 4032 Chippawa Parkway (Exact location to be determined)Page 22 of 24Page 546 of 1156 In front of 3966 Chippawa Parkway (Exact location to be determined) Page 23 of 24Page 547 of 1156 In front of 3900 Chippawa Parkway –20 m east of Norton Street (Exact location to be determined)Page 24 of 24Page 548 of 1156 MW-2022-52 Report Report to: Mayor and Council Date: August 9, 2022 Title: Canadian Corps of Commissionaires - Contract Renewal Recommendation(s) 1) That Council approve the contract extension for up to one (1) year with the Canadian Corps of Commissionaires (Hamilton) for the supply of Parking Control Services; and, 2) That the Mayor and City Clerk be authorized to execute the necessary agreement. Executive Summary The Commissionaires have provided staffing for Parking Control Services for the City of Niagara Falls for the past 22 years. The Parking Control officers are essential to maintaining the proper flow of traffic, regulating parking bylaws and responding to public concerns over residential parking violations. Scheduling of officer shifts and areas of enforcement will be adjusted to stay within the budgeted amount for enforcement staffing resources. Staff recommends the contract renewal for u p to one (1) year with the Canadian Corps of Commissionaires. This will allow staff an opportunity to review industry best practices and to identify if other providers or service delivery models are available. Proposed increases align with bill rates in similar municipalities, such as: St. Catharines, who also use the Canadians Corps of Commissionaires for parking and security services. Staff will be including a provision in the contract to modify the terms and/or terminate the agreement with ninety days (90) of written notice to account for any unforeseen events. Background In 2000, the Request for Proposal process was initiated, whereby; the Canadian Corps of Commissionaires was the successful bidder. Council approved a three -year contract with the Hamilton Office of the Corps. During the last few years, Council approved one year to three-year extensions of this agreement with minor changes to account for city needs and changing technology. Analysis The Canadian Corps of Commissionaires provides a service that is essential to maintaining the proper flow of traffic, regulating parking bylaws and responding to public concerns over residential parking violations, and maintaining safety zones for the City of Niagara Falls. A review of local municipalities identified that larger municipalities, such as: St. Catharines, utilize the Canadian Corps of Commissionaires to provide all parking Page 1 of 3 Page 549 of 1156 enforcement services; smaller municipalities, such as Niagara-on-the-Lake, use in-house staff for parking enforcement, as only two to five enforcement officers are required in these smaller communities. Staff recommends the renewal of the contract for up to one (1) year with the Canadian Corps of Commissionaires. This will allow staff an opportunity to review industry best practices and to identify if other providers or service delivery models are availa ble. Furthermore, Staff will be including a provision in the contract to modify the terms and/or terminate the agreement with ninety days (90) of written notice to account for any unforeseen events. The proposed increases detailed in Attachment #1 align with bill rates (pay and administrative rates) in similar municipalities, such as St. Catharines who also use the Canadians Corps of Commissionaires for parking services. Financial Implications/Budget Impact Costs associated with this contract renewal have been included in the 2022 General Purpose Budget. Canadian Corps of Commissionaires issue parking infractions based on Municipal and Regional parking bylaws and defend such issuance in Administrative Monetary Penalty Hearings and Ontario Provincial Court when contested by the recipient of the infraction. Strategic/Departmental Alignment This initiative is in line with Council’s Strategic Priorities, of maintaining parking operations as a self-sustaining user pay philosophy which is independent of tax support. List of Attachments MW-2022-52 -Attachment #1 - Rate Schedule Written by: Mathew Bilodeau, Manager of Transportation Engineering Paul Brown, Manager of Parking Services Submitted by: Status: Erik Nickel, Director of Municipal Works Approved - 02 Aug 2022 Jason Burgess, CAO Approved - 02 Aug 2022 Page 2 of 3 Page 550 of 1156 Position Rate Classification 2022 Pay Rate 2022 Bill Rate Proposed Rate Proposed Admin % Proposed Admin Rate Proposed Bill Rate Proposed Increase % (Bill Rate) Warrant Officer Regular Rate $21.00 $27.85 $21.25 34.12%$7.25 $28.50 Overtime $31.50 $41.77 $31.88 34.12%$10.88 $42.75 Statutory Holiday Worked $52.50 $69.62 $53.13 34.12%$18.13 $71.25 Statutory Holiday Not Worked $21.00 $27.85 $21.25 34.12%$7.25 $28.50 Sergeant Regular Rate $19.00 $25.15 $19.50 33.33%$6.50 $26.00 Overtime $28.50 $37.72 $29.25 33.33%$9.75 $39.00 Statutory Holiday Worked $47.50 $62.87 $48.75 33.33%$16.25 $65.00 Statutory Holiday Not Worked $19.00 $25.15 $19.50 33.33%$6.50 $26.00 Bylaw Officer Regular Rate $17.00 $22.38 $17.50 34.28%$6.00 $23.50 Overtime $25.50 $33.57 $26.25 34.28%$9.00 $35.25 Statutory Holiday Worked $42.50 $55.95 $43.75 34.28%$15.00 $58.75 Statutory Holiday Not Worked $17.00 $22.38 $17.50 34.28%$6.00 $23.50 Schedule "A" - Municipal Parking Control Services - Proposed Bill Rates (2022/2023) 2.3% 3.4% 5.0%Page 3 of 3Page 551 of 1156 PBD-2022-57 Report Report to: Mayor and Council Date: August 9, 2022 Title: AM-2019-015, Official Plan and Zoning By-law Amendment Application Proposal: 72 Storey Mixed Use Building with Off-Site Parking Applicant: 6609 Stanley Nominee Inc. (Jeremia Rudan) Resolution to Deem Changes to a Proposed Zoning By-law to be Minor Recommendation(s) That subject to subsection 34(17) of the Planning Act, Council pass a resolution to deem the modifications to the draft zoning by-law, to be minor in nature and that no further notice is necessary. Executive Summary On November 12, 2019, Council approved an Official Plan and Zoning By-law amendment application to develop a 72-storey mixed use building on 6605 Stanley Avenue (Parcel 1 on the attached Schedule 1) with a portion of the required parking provided on lands on the south side of Dixon Street between Level Avenue and Cleveland Avenue, land on the east side Cleveland Avenue and a portion of the adjacent Dixon Street and Cleveland Avenue rights of way (Parcels 2 and 3). A portion of Parcels 2 and 3 (Dixon Street and Cleveland Avenue rights of way) are still under City ownership, prior to the passage of the amending by-law these portions were intended to be closed and agreements of purchase and sale with the owner were to be completed. The applicant is now requesting these requirements be secured through a holding (H) regulation in the zoning by-law. In addition, the applicant has indicated he is working with potential partners or purchasers and has requested modifications to the by-law that will allow for flexibility in the height and design of the tower, flexibility in the number of residential units that can be included in the building and a reduction in parking requirements for residential uses. Section 34(17) of the Planning Act provides that where there is a change to the proposed by-law since the time of the Public Meeting, Council must decide if the modifications are minor in nature and whether further notice is required. Therefore, Council is requested to determine that these changes are minor and pass the resolution on today's agenda. The related Official Plan and Zoning By-law amendments are also on today's agenda for consideration. Page 1 of 7 Page 552 of 1156 Background On November 12, 2019 Council approved an application to site specifically amend the Official Plan and Zoning By-law No. 79-200 to permit a 72-storey mixed use building on Parcel 1 with a portion of the required parking provided on Parcels 2 and 3, as shown on Schedule 1. Schedules 2 and 3 illustrate the site plan and tower elevation for the project. Approval of the amendments is subject to the following: - A holding regulation to be included to ensure microclimate matters on Parcel 1 are addressed and that a filing of a Record of Site Condition indicates the parcel is acceptable for residential use; - Execution of a Section 37 agreement to secure streetscape agreements abutting Parcel 1 and a capital facilities contribution based on the 5% of the construction value of the building above 30 storeys; and; - Securing the closure of and agreements of purchase of sale for a portion of Cleveland Avenue and Dixon Street abutting Parcels 2 and 3 to the satisfaction of the City Solicitor and Director of Municipal Works. The Official Plan amendment and site-specific zoning for the development have not been presented to Council as the closure and purchase agreements for the above noted rights of way has not been completed. The applicant has requested instead these matters be addressed through a holding provision. Furthermore, the applicant has indicated they are working with potential partners and purchasers, and has requested flexibility in the proposed zoning by-law to address the following: - Instead of completing legal documents to close and transfer the above noted rights of way before passage of the by-law, the applicant is requesting these be done through a holding (H) regulation; - A substantially shorter building may be built and as a result flexibility in the architectural design to the tower, including the roof feature, is requested; - Instead of a hotel/residential tower, flexibility to allow a residential tower, with a podium containing commercial and non-residential uses, is being requested to address changing market conditions; and - Similar to other apartment developments in the tourist core and other parts of the City, the applicant has requested a reduction in parking requirements, from 1.4 spaces per unit to 1.25. Analysis Staff have reviewed the requested changes and have the following comments: - Staff have no concerns about securing the closure and purchase agreements for the above noted rights of way through a holding (H) regulation. This legal process involves negotiations and Council approvals that may take a substantial period of time. The City’s interest will still be protected, as the holding (H) regulation will need to be lifted by Council prior to development starting. - As can be seen in Schedule 3 a significant and distinct roof feature was to be provided. The applicant has indicated if a substantially shorter building is built this roof feature may not be feasible and has requested flexibility in the provision of the roof feature. The intent of the Page 2 of 7 Page 553 of 1156 roof feature is to add a distinct terminus element and thus to contribute to an internationall y recognizable skyline. The proposed changes still require a distinct roof feature, however, do not specify a size. Clauses have been added to the Section 37 agreement that require the development to be substantially in compliance with the proposal approved by Council, to the satisfaction of the Director of Planning, Building and Development. Should the proposal be substantially changed, the Director may require a third-party architectural peer review and present the revised design to Council for consideration. These measures are a minor change and support the intent of the by-law in providing a unique design with a distinct roof feature. - Currently the Tourist Commercial zone permits 50% of a building to consist of dwelling units. The applicant is requesting ratio to be increased to 75%. As this regulation is specific to the floor area of dwelling units only, excluding corridors, and mechanical areas form the calculation, in effect allowing as of right substantially more than 50% of the floor area of a mixed-use building to consist of residential floors. The requested change would allow the flexibility of all tower floors to be used for residential purposes. While allowing the entire tower to consist of residential floors appears to be a substantial change, effectively the floor area of the dwelling units is increasing from 50% of the total area to just above 70%. As the proposed by-law always intended to provide a substantial mixed-use building, commercial uses will still be provided in the podium, and the massing and maximum height of the building remain the same, the intent of the by-law is retained and Staff are satisfied that this change is minor. - The requested reduction in the parking rate from 1.4 to 1.25 spaces per residential dwelling unit is similar to other parking reductions granted for multiple unit developments in the City where transit is available. In this case, the development is located on 4 City bus routes as well as the WEGO blue line. This requested is minor in nature and can be supported The amending zoning by-law, as well as the related Official Plan amendment, are on the agenda today for Council’s consideration. Staff also confirm that a Section 37 agreement, securing the streetscaping, capital contributions and architectural design, has been executed Staff note that regulations permitting up to 50% of the floor area of buildings in Tourist Commercial zones to be dwelling units were established 43 years ago and do not necessarily reflect the current policy regime or development trends. Staff recommend that these regulations be further reviewed and reported back on. Operational Implications and Risk Analysis None Financial Implications/Budget Impact Capital Facilities Contributions will be collected through the executed Section 37 Agreement. Strategic/Departmental Alignment Not applicable Contributor(s) Kira Dolch Page 3 of 7 Page 554 of 1156 Nidhi Punyarthi List of Attachments location map staff report site plan elevation Written by: Andrew Bryce, Manager, Current Planning Submitted by: Status: Andrew Bryce, Manager, Current Planning Approved - 03 Aug 2022 Jason Burgess, CAO Approved - 03 Aug 2022 Page 4 of 7 Page 555 of 1156 PARCEL 3 PARCEL 2 PARCEL 1 1:23531:23531:23531:23531:23531:23531:23531:2353 Copyright 2019 - City of Niagara FallsCopyright 2019 - City of Niagara Falls September 2019 LOCATION MAP Amending the Zoning By-law No. 79-200 Location:6605 Stanley Ave and Lands East and West of Cleveland Ave Applicant:6609 Stanley Nominee Inc. AM-2019-015 Page 5 of 7 Page 556 of 1156 Page 6 of 7 Page 557 of 1156 Page 7 of 7 Page 558 of 1156 PBD-2022-58 Report Report to: Mayor and Council Date: August 9, 2022 Title: AM-2022-002 Official Plan and Zoning By-law Amendment Minor Change to Zoning Regulation Applicant: Cassone Dwellings (BT) Inc. (Daniel Marinovic) Agent: Bousfields Inc. (Evan Sugden) Recommendation(s) 1. That subject to subsection 34(17) of the Planning Act, Council pass a resolution to deem the revision to the Zoning By-law amendment application to be minor in nature and that no further notice is necessary; and, 2. That Council approve the revision to the Zoning By-law amendment as detailed in this report. Executive Summary On July 12, 2022, Council approved an Official Plan and Zoning By -law amendment application (AM-2022-002) to rezone the lands known as 3770 Montrose Road to permit a 275 unit residential development on the subject lands. The approval was subject to a privacy yard setback of 7.0 metres for a townhouse dwelling, and to the regulations and recommendations outlined in Staff report PBD-2022-49. On July 14th, 2022, the applicant requested the previously approved 7.0 metre privacy yard depth for a townhouse dwelling be amended to 5.5 metres. The 5.5 metre depth was shown on the site plan presented to Council at the July 12th meeting. There will be no changes to the layout of the plan seen in Schedule 2 as a result of the requested amendment. The amendment to the application’s zoning request is supported for the following reasons: • There are no adverse impacts anticipated, the same amount of amenity space is required to be provided, is internal to the development, and the amendment permits for a compact, urban form of development. Page 1 of 5 Page 559 of 1156 Background Proposal On July 12, 2022, Council approved Cassone Dwelling (BT) Inc.’s Official Plan and Zoning By-law amendment application (AM-2022-002) to rezone the lands known as 3770 Montrose Road to permit a 275-unit residential development. The development was approved to contain a mix of semi-detached, townhouse and apartment dwellings on the subject lands. Refer to Schedule 1 to locate the lands. Since Council’s approval, it has been identified that a requested zoning regulation did not reflect the plan presented to Council at the July 12, 2022 meeting (see Schedule 2). The Zoning By-law amendment requested a 7.0 metre setback for a privacy yard measured from the exterior rear wall of a townhouse dwelling. The plan presented to Council shows a 5.5 metre setback. The requested regulation was overlooked due to the number of revisions made to the original plan (see Schedule 3) while working with Staff towards the final iteration of the plan, seen in Schedule 2. Analysis The approved Zoning By-law amendment requested a privacy yard depth as measured from the exterior rear wall of every townhouse dwelling unit of 7.0 metres. The site plan presented to Council on July 12, 2022 provided a privacy yard depth of 5.5 metres for a townhouse dwelling unit. Staff have no issue wit h this reduction as no adverse impacts are anticipated, it is internal to the development and will have no impact on neighbouring properties, it will allow for a more compact, urban form of development and the approved amenity space of 77.3 square metres for each dwelling unit will continue to be provided. Operational Implications and Risk Analysis There are no operational implications or risk to the City. Financial Implications/Budget Impact The proposed development will provide development charges, cash-in-lieu of parkland dedication and new tax assessment for the City. 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 - Site Plan Written by: Alexa Cooper, Planner 2 Page 2 of 5 Page 560 of 1156 Submitted by: Status: Andrew Bryce, Manager, Current Planning Approved - 29 Jul 2022 Jason Burgess, CAO Approved - 01 Aug 2022 Page 3 of 5 Page 561 of 1156 SCHEDULE 1 (Location Map) Page 4 of 5 Page 562 of 1156 SCHEDULE 2 (Site Plan) 5.5m Privacy Yard Reduction Page 5 of 5 Page 563 of 1156 1 From:Steve Bernier < > 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 564 of 1156 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 Bernier, Partner 83 Ontario Street ⎟ St. Catharines ⎟ Ontario ⎟ L2R 5J5 o: 905-688-6087 x. 103 c: 2 13-1866 w: whitelinearchitects.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 565 of 1156 1 From:Jack Saddler < > 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 Saddler 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 566 of 1156 1 From:Olga Grcevic < > 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 St. Augustine cres 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 Grcevic Page 567 of 1156 2 Niagara Falls, ON Sent from Mail for Windows 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 568 of 1156 1 From:Shalaine Kett 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 Kett 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 569 of 1156 ⎟⎟⎟ Page 570 of 1156 Page 571 of 1156 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 572 of 1156 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 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 573 of 1156 To Niagara Falls Council Regarding July 12th council meeting : City File AM-2022-002 We are writing this letter to oppose the proposed amendment of the property which would be located at 3770 Montrose Road We have lived in our home on for 27 years, the property of this proposed development/amendment would be located directly behind our home. We definitely have concerns regarding this amendment from commercial to residential, while we appreciate the city’s desire to increase the number of residents in neighborhoods such as ours, disrupting our community by constructing an out-of-place high-density development is not the way to go about this. Our major concern is traffic and congestion. This area is already a very busy neighborhood mixed with many commercial properties that includes a grocery store, eight restaurants, tim hortons, a pharmacy, dentist, bakery, corner store and two gas stations just to name a few in a very small area . With the proposed 275 dwellings we don’t know how the city can possibly design a plan to keep up with the amount of traffic this will bring. Currently on Montrose Rd we only have two sets of lights between Mountain Rd and Thorold Stone Rd, one in the commercial area on the corner of Southwood for the large amount of traffic and congestion that accumulates, and the second light is just a short distance away located at the corner of Montrose and Thorold Stone, the amount of traffic at those lights is quite significant, most days you will sit through at least two light changes in order to turn left onto Thorold Stone Rd. We would like to know what the city has planned if this new development is approved and how they are going to be able to amend this to keep up with the amount of increased traffic these 275 dwellings would bring to an area that is already extremely congested. Also, one block over from this proposed plan is a seniors complex,and all these businesses are within walking distance for them. How safe will this increased amount of traffic be for them? We strongly urge you to deny this amendment, for the proposed 275 dwellings. Thank you, Liz and Domenic Casciano Email: Page 574 of 1156 PBD-2022-66 Report Report to: Mayor and Council Date: August 9, 2022 Title: 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) Recommendation(s) 1. That subject to subsection 34(17) of the Planning Act, Council pass a resolution to deem the revision to the Zoning By-law amendment application to be minor in nature and that no further notice is necessary. 2. That Council approve the Official Plan and Zoning By-law amendments to exceed the 30 storey limit for a 35 storey and 36 storey apartment and on-street dwellings on the subject lands, subject to a parking rate of 1.03 parking spaces per dwelling unit, and subject to the regulations outlined in Staff report PBD-2022-12. 3. That the amending zoning by-law include a Holding (H) provision to require an updated wind study. 4. That the passage of the amending by-laws be conditional on the execution of a Section 37 agreement for the mixed use building on 5613, 5631 -5633 Victoria Avenue to secure contributions for streetsca pe improvements on the abutting Victoria Avenue frontage and capital facilities contribution based on 5% of the construction value of the net floor areas above 30 storeys and the subject lands merging in title. 5. That the Mayor and Clerk be authorized to execute the Section 37 agreement to the satisfaction of the City Solicitor. Executive Summary On March 22, 2022, Council approved an Official Plan and Zoning By -law amendment application (AM-2021-019) to rezone the lands known as 5613, 5631 -5633 Victoria Avenue to permit a 35 and 36 storey development consisting of a 29 storey hotel and 30 storey apartment and on-street dwellings on the subject lands, subject to a parking rate of 1.25 parking spaces per unit, and subject to the regulations and recommendatio ns outlined in Staff report PBD-2022-12. Page 1 of 12 Page 575 of 1156 On May 25, 2022, the applicant sent a letter to formally request an amendment to the application’s zoning request from 1.02 parking spaces to 1.03 parking spaces per dwelling unit. In addition, the applicant has requested the Holding (H) regulation requi ring the filing of a Record of Site Condition (RSC) not be applied to the subject lands. It has been agreed that a clause requiring the RSC will be included in the site plan agreement. Further, the applicant is proposing the 29 storey tower be for apar tment dwellings rather than a hotel. In addition, the commercial uses are now proposed at 833 square metres rather than 678 square metres. The proposed change in use amends the Section 37 calculations presented in PBD-2022-12. Revised figures are presented in this report for Council’s information. The amendment to the application’s zoning request is supported for the following reasons: • Developments are to provide one parking space for each unit’s exclusive use and will contribute to meeting the parking needs of visitors and residents that own a secondary vehicle. The site is in proximity to nearby public and private commercial lots that can support visitor and secondary vehicle parking demands. Background Proposal On March 22, 2022, Council approved Fugiel International Group Inc.’s Official Plan and Zoning By-law amendment application (AM-2021-019) to rezone the lands known as 5613, 5631-5633 Victoria Avenue to permit a 35 and 36 storey development consisting of a 29 storey hotel (with 404 guest suites) and 30 storey apartment (469 apartment and 7 on-street dwellings), 6 storey podium, and 687 square metres of commercial uses at grade on the subject lands. Refer to Schedule 1 to locate the lands. Since Council’s approval, the applicant has submi tted revised plans that indicate the 29 storey tower will have 278 apartment dwelling units, the 30 storey tower will have 367 apartment dwelling units, and the podium will have 86 apartment dwelling units and 7 at grade dwelling units. The revised plans would result in a total of 738 dwelling units. In addition, 833 square metres of commercial uses are proposed at grade. The one level of underground parking and multi-level parking structure provides 761 parking spaces for the residential uses. The commercial uses are exempt from parking requirements. Refer to Schedule 1 for the site plan and Schedule 2 for the architectural plans. Page 2 of 12 Page 576 of 1156 Analysis Application to Amend Parking Ratio The original zoning by-law amendment submission requested a parking rate of 1.02 parking spaces per dwelling unit. Council approved Staff’s recommendation of 1.25 parking spaces per dwelling unit. The amended request is for 1.03 parking spaces per dwelling unit. The following chart and text explains the proposed adjustment to the dwelling unit parking rate: Zone Regulation Existing Regulation Council Approved Regulation Original Proposed Regulation Amended Proposed Regulation Parking and access requirements (738 dwelling units) 1.4 parking spaces per dwelling unit 1033 parking spaces 1.25 parking spaces per dwelling unit 922 parking spaces 1.02 parking spaces per dwelling unit 752 parking spaces 1.03 parking spaces per dwelling unit 760 parking spaces The requested amendment regulation of 1.03 parking spaces per dwelling unit is supported by Transportation Services. The rate will provide one parking space for each unit’s exclusive use and will contribute to meeting the parking needs of visitors and residents that own a secondary vehicle. The site is in proximity to nearby public and private commercial lots that can support visitor and secondary vehicle parking demands. Section 34(17) of the Planning Act provides that where there is a change to the proposed by-law since the time of the Public Meeting, Council must decide if the modifications are minor in nature and whether further notice is required. Therefore, Council is requested to determine that these changes are minor and pass the resolution on tonight’s agenda. Amendment to the Holding Provision Recommendation Staff report PBD-2022-12 recommended that the amending zoning by-law include a Holding (H) provision to require a RSC. Page 3 of 12 Page 577 of 1156 The applicant has requested that Staff not apply the Holding (H) provision and instead address the requirement for a RSC as a clause within the site plan agreement. Under Provincial regulations, the filing of an RSC can be undertaken at the site plan stage. Staff support the applicant’s request to not implement an H provision requiring a RSC. Section 37 Agreement Section 37 agreements are permitted under the Planning Act to secure streetscape and community facilities and to secure the building design approved by Council, in return for increased height. The streetscape value as presented in Staff report PBD-2022-12 has not changed. As the design no longer includes a hotel, the cash contribution for community facilities has changed to reflect the residential uses proposed for the two towers. Where it is determined that development over 30 stories has planning merit, a cash contribution based on 5% of the construction cost for the net floor area over 30 storeys is required in return for the height increase. The net floor area excludes elevator and stairwell shafts, mechanical rooms and ventilation shafts. Staff estimates the contribution to be $436,997 for the 35 storey tower and $750,002 for the 36 storey tower, for a total of $1,186,999. The specified capital facilities contributions are to be directed to: the Niagara Falls Exchange, Affordable Housing, and the Portage Prospect. Operational Implications and Risk Analysis There are no operational implications or risk to the City. Financial Implications/Budget Impact The proposed development will provide development charges, cash-in-lieu of parkland dedication and new tax assessment for the City. 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 SCHEDULE 2 SCHEDULE 3-compressed Page 4 of 12 Page 578 of 1156 Written by: Julie Hannah, Planner 2 Submitted by: Status: Andrew Bryce, Manager, Current Planning Approved - 29 Jul 2022 Jason Burgess, CAO Approved - 01 Aug 2022 Page 5 of 12 Page 579 of 1156 SCHEDULE 1 (Location Map) Page 6 of 12 Page 580 of 1156 SCHEDULE 2 (Site Plan- dated June 21 2022) Page 7 of 12 Page 581 of 1156 SCHEDULE 3 (Architectural Plans- dated June 21 2022) Underground Parking Ground Floor Plan Page 8 of 12 Page 582 of 1156 Level 2 Plan Level 2-3 Plan Page 9 of 12 Page 583 of 1156 Level 4-5 Plan Level 6.5 Plan Page 10 of 12 Page 584 of 1156 Level 7 Plan Level 8 Plan Page 11 of 12 Page 585 of 1156 Level 9 Plan Typical Floor Plan Page 12 of 12 Page 586 of 1156 PBD-2022-68 Report Report to: Mayor and Council Date: August 9, 2022 Title: 26T-11-2019-002 & AM-2019-007 Draft Plan of Subdivision and Zoning By-law Amendment 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. Page 1 of 27 Page 587 of 1156 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. Page 2 of 27 Page 588 of 1156 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. On July 12, 2022, report PBD-2022-50 was presented to Council for consideration and a public meeting was held. At the conclusion of the public meeting, Council deferred a decision at the request of the applicant. The applicant requested further discussion with Staff regarding Condition 7 (refer to Appendix A in PBD-2022-50). Staff have consulted with the City's solicitor who is satisfied with the text as presented in the attached Appendix A . Condition 7 requires that the draft plan be redlined to show a public street access, to the satisfaction of the City, adjacent to the abutting land to the north, 9200 Sodom Road, or that Block 25- Future Development be merged in title with all or part of the abutting land parcel to the north, 9200 Sodom Road, at the time of registration of the subdivision documents. Both options were presented at the public meeting . As well, Staff have included the municipal address of the parcel which requires street access or to which Block 25 may be merged with in all or part, and specified at what stage of the registration process the merger is to occur. The remnant block, Block 25 is undevelopable, and as such it is premature to proceed with approvals unless the Block is amended to provide street access to the abutting parcel to the north, or be merged with an abutting land parcel. The wording of Condition 7 will result in 9200 Sodom Road have road frontage internal to the subdivision, and the merged parcel will be of sufficient size for development. In consultation with the applicant, Staff understand that they still object to Condition 7. Planning staff suggested that the plan be redesigned to eliminate Block 25. Two preliminary plans were prepared by Staff and sent to the applicant for consideration--one which shifted Street A northward so that it abutted the lands to the north, and the second which shifted Street B, so that it abutted with the rear of 9200 Sodom Road, and the medium residential block. The applicant reviewed the proposed plans and indicated they do not want to move forward with a revised draft plan. Page 3 of 27 Page 589 of 1156 The applicant and abutting land owner associated with the draft approved Chippawa East subdivision requested the City amend Condition 10 f) which required the applicant to coordinate and cost share applicable upsizing of the storm water management facility located on the Chippawa East lands as it will service the proposed draft plan. The revised Condition 10 f) (refer to Appendix A) indicates that the Developer agrees to enter into a cost share agreement to address fair contribution to such items as: access, water, waste water, and stormwater management. As the two abutting developing land owners have agreed to the wording of Condition 10 f) and are amendable to the change, and as it is in keeping with the original intent of Condition 10 f), the City is supportive of this change. 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. Page 4 of 27 Page 590 of 1156 - 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. A public meeting was held on July 12, 2022, attended by the applicant's agent as well as 1 individual. In addition, written comments were received, with 1 resident in opposition, 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: Page 5 of 27 Page 591 of 1156 • Discussion on the proposed housing types and density occurs later in this repor t. • 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 of 50 jobs and persons per hectare in Greenfield Areas. 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 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: Page 6 of 27 Page 592 of 1156 • The proposed development complies with the Regional Greenfield densit y target of 50 people and jobs per hectare and offers a variety of housing types; and, • 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 peo ple 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 the 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. Page 7 of 27 Page 593 of 1156 • 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. 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 acces sory 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- 3 metres 1.5 metres Page 8 of 27 Page 594 of 1156 ZONE REGULATION EXISTING REGULATION REQUESTED REGULATION For an on-street townhouse dwelling 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 Page 9 of 27 Page 595 of 1156 ZONE REGULATION EXISTING REGULATION REQUESTED REGULATION For the purposes of this by-law, a Back to Back townhouse dwelling is defined as: A dwelling unit within a building containing four 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: Page 10 of 27 Page 596 of 1156 • The R4 zone is intended to regulate apartment dwellings; • 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 Fal ls. 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. Page 11 of 27 Page 597 of 1156 A comprehensive set of conditions, addressing City, Regional, and agency concerns, are listed in Appendix A and includes the following: • 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 condominium/site plan of plan draft require a will future 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. Page 12 of 27 Page 598 of 1156 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 August 9 2022 Written by: Julie Hannah, Planner 2 Submitted by: Status: Andrew Bryce, Manager, Current Planning Approved - 02 Aug 2022 Jason Burgess, CAO Approved - 02 Aug 2022 Page 13 of 27 Page 599 of 1156 SCHEDULE 1 (Location Map) Page 14 of 27 Page 600 of 1156 SCHEDULE 2 (Draft Plan of Subdivision) Page 15 of 27 Page 601 of 1156 SCHEDULE 3 (Preliminary Site Plan) Page 16 of 27 Page 602 of 1156 SCHEDULE 4 (Proposed Zoning Schedule) Page 17 of 27 Page 603 of 1156 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 draft plan be redlined to show a public street access, to the satisfaction of the City, adjacent to abutting land to the north, namely 9200 Sodom R oad, or that Block 25- Future Development block be merged in title with part or all of the abutting lands to the north, namely 9200 Sodom Road, at the time of registration of the subdivision documents. 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. Page 18 of 27 Page 604 of 1156 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 form 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: Page 19 of 27 Page 605 of 1156 3 (a) Extension and provision of municipal water distr ibution, 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) The developer shall agree to enter into a cost share agreement with the adjacent land owners to address the fair share contribution towards such items including, but not limited to, access, water, waste water, and stormwater management; (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 Page 20 of 27 Page 606 of 1156 4 phases of the development. 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. Page 21 of 27 Page 607 of 1156 5 Parks Design 23. The developer shall pay the City cash-in-lieu of parkland dedication, as determined 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 demonstrati ng 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/telecom munication 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 Page 22 of 27 Page 608 of 1156 6 of the arrangement made for such servicing. 31. The developer acknowledges and agrees to convey any easement(s) as deemed necessary by Bell Canada to service this new development. The developer further agrees and acknowledges to convey such easements at no cost to Bell Cana da. 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 Page 23 of 27 Page 609 of 1156 7 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 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 Agreements 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 sim ilar 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 Page 24 of 27 Page 610 of 1156 8 Falls system required to accommodate development, be submitted for review and approval by the Niagara Region and City of Niagara Falls. 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 accommoda ted 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. Page 25 of 27 Page 611 of 1156 9 c. Detailed erosion and sedimentation control plans. 47. That the subdivision agreement between the applicant and the City contain 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 Page 26 of 27 Page 612 of 1156 10  Transportation Services for Condition 10  Municipal Works for Conditions 9 to 22 inclusive  Landscape Architect for Conditions 23 to 24 inclusive  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 27 of 27 Page 613 of 1156 TS-2022-02 Report Report to: Mayor and Council Date: August 9, 2022 Title: Sole Source Procurement - Onboard Camera Systems Recommendation(s) 1. That Council approve the sole source procurement of an onboard camera system for the Niagara Falls Transit Services fleet(s) and support vehicles by Safe Fleet up to the project upset limit of $990,000, inclusive of non-recoverable HST; and 2. That the City of Niagara Falls use Provincial Transit-Dedicated Gas Tax to fund their portion of the Investing in Canada Infrastructure Program (ICIP) approved project up to the investment limit of $264,033 as per Report TS-2019-39 and per the 2021 Capital Budget as approved.. Executive Summary The Transit Services department was successful in receiving funding for the installation and/or replacement of onboard cameras through the Investing in Canada Infrastructure Program (ICIP) in 2019. Council approved the project identified as necessary to improve the safety and security of Operators and passengers in report TS-2019-39 dated December 10, 2019. The project, committed to by Council for the 2020 and 2021 years, has remained open. The City of Niagara Falls’ portion of th e project funds are equal to 26.67% of the final cost, The new Niagara Transit Commission (established on May 26, 2022) will assume all transit services and Niagara Falls’ associated fleet and equipment assets as of January 1, 2023. Niagara Falls Transit Services was to complete this project prior to that upload. Staff is requesting approval of a sole source purchase of this equipment and its installation by Safe Fleet prior to amalgamation to contribute to a seamless level of service across all fleets on day one of the new transit system. The rationale for the sole sourcing of this procurement is provided within. Background The City of Niagara Falls currently has no cameras onboard its City fleet, nor any in its paratransit or support vehicles. All of these vehicles traverse the City every day all day. Identified as a high-level risk management issue when the funding was applied for with the Province in 2019, not having cameras onboard limits the transit services’ ability to address, investigate or identify potential safety issues for the public and staff and exposes the Corporation to liability. Page 1 of 14 Page 614 of 1156 The cameras installed in 2011 on the WEGO bus fleet operated by the City of Niagara Falls are now past their useful life and issues consistent with age on that system make it unreliable in that it cannot always be used to provide accurate data when needed. Since the approval of this capital project in 2021, Council has entered into the regional amalgamation process of uploading its transit service and assets to the newly formed Niagara Transit Commission. The camera project was to be completed by the time the Commission assumes service on January 1, 2023. The system to be installed is expected to be consistent and seamless between all conventional transit services properties involved in the amalgamation. At their July 19, 2022 meeting, the new Niagara Transit Commission passed the following recommendations: 1. That the Niagara Transit Commission ENDORSE unifying onboard technologies including Intelligent Transportation Systems (ITS), camera and farebox equipment by transit agencies amalgamating into the new regional transit service effective January 1, 2023. 2. That Report NTC 8-2022 BE FORWARDED to the Clerks of the City of Niagara Falls, the City of St. Catharines, and the City of Welland for consideration in the procurement of common ITS technology systems as outlined in this report. In Operations Working Group meetings to plan for the 2023 integration of the larger conventional transit properties (Region of Niagara, Welland, St. Catharines and Niagara Falls) it became apparent that there were significant challenges to procuring a single camera system from one provider using separate procurement departments and policies of multiple municipal and commission agencies. St. Catharines Transit Commission currently has budgeted to upgrade an older Safe Fleet system at the end of its use. Welland Transit has budgeted to purchase and install the system in 2022 that has consensus. Discussions were undertaken by the transit agencies with our joint OEM (Original Equipment Manufacturer) Nova Bus, who supplies the standardized 40’ and 60’ bus fleet across the entire region, and with other transit agencies across the province to arrive at a system that would meet the technical, cost and life cycle needs for the service now and for the new Niagara Transit Commission. In these discussions, Safe Fleet was identified as having the technical capabilities needed to operate fleets remotely in a multi-facility (Welland, Niagara Falls & St Catharines and others to come potentially) transit system. Safe Fleet would be able to coordinate and install a seamless system amongst all the amalgamating services and has an existing financial relationship for software support with St. Catharines Transit Commission. Agreements for software specific to transit and terms can be expanded and are to be assumed by the Commission. Page 2 of 14 Page 615 of 1156 Analysis This project is integral to the successful regionalization of the transit fleets across Niagara. Each transit property being amalgamated is upgrading and/or has budgeted to replace their camera systems within the 2022 year. To ensure conformity across the new regional transit fleet to be owned and operated by the new Niagara Transit Commission established May 26, 2022, this sole source purchase is being recommended. In that the vehicles currently owned by the City of Niagara Falls will spend their life- cycle within the City’s municipal boundaries, it is in Council’s interest to ensure that these assets are consistent with those outside of the City and that they integrate wholly. Risk management, accident and incident reporting as well as safety issues and investigations by local and outside police agencies rely on camera systems in public transit assets. Financial Implications/Budget Impact ICIP criteria for funding consider projects in the following areas: i mproved capacity of public transit infrastructure; improved quality and/or safety of existing or future transit systems; and, improved access to a public transit system. The installation of cameras onboard the fleet(s) and support vehicles for transit met the above criteria. Council pre-approved $990K in 2020 for the 2021 Capital Budget for the purchase of a new camera system to support transit service. Council expected the cameras to be in service by the fall of 2021. Due to pandemic and supply chain pre ssures, the purchase of the system was delayed. The budget of this approved ICIP project is set at $990,000 and would be inclusive of non-recoverable HST. The $264,033 (26.67%) City portion of this project is funded from the Provincial Transit-Dedicated Gas Tax. This report requests Council’s approval to sole source purchase a system of fleet cameras to integrate into a larger Niagara Transit Commission system effective January 1, 2023 utilizing these funds. The sole sourcing of the cameras to align regionally will require federal approval prior to issuing a PO for supply. Regional transit amalgamation presentations and commitments have indicated that, post amalgamation in 2023, the Region will assume liability for all City-owned buses and equipment and that those buses will serve the City of Niagara Falls during their useful life. Strategic/Departmental Alignment Committed to employing a safe, accessible, convenient, integrated and fiscally responsible transportation system that provides realistic travel options to the auto, thereby, creating a City that is truly accessible to locals and visitors. Page 3 of 14 Page 616 of 1156 Contributor(s) James Dowling, Manager of Capital Accounting List of Attachments TS-2019-39 Transit Capital Projects – Investing in Canada Infrastructure Program (ICIP) – Public Transit Stream NTC 08-2022 - Onboard Technologies and Equipment Standardization Written by: Carla Stout, Manager of Transit Submitted by: Status: Carla Stout, Manager of Transit Approved - 29 Jul 2022 Jason Burgess, CAO Approved - 30 Jul 2022 Page 4 of 14 Page 617 of 1156 TS-2019-39 December 10, 2019 REPORT TO: Mayor James M. Diodati and Members of Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Transportation Services Department SUBJECT: TS-2019-39 Transit Capital Projects – Investing in Canada Infrastructure Program (ICIP) – Public Transit Stream RECOMMENDATIONS 1. Approve the Investing in Canada Infrastructure Program (ICIP) commitment for the years 2020 and 2021 for the Transit Capital projects set out in this report, for the City’s portion totalling $4,768,372. 2. The Mayor and Clerk be authorized to execute the required agreements. EXECUTIVE SUMMARY In April 2018, the Ontario Provincial Government provided an update on a proposed transit infrastructure program. The proposed program would consider projects in the following areas: improved capacity of public transit infrastructure; improved quality and/or safety of existing or future transit systems; and, improved access to a public transit system. Based on the above criteria, City Staff have submitted fifteen (15) projects for consideration. In August 2019, Premier Doug Ford announced the Provincial Government’s commitment to funding their portion of the Investing in Canada Infrastructure Program (ICIP) for the Public Transit Stream. For the initial intake, fifteen (15) projects have been submitted by City and all received Provincial approval to be considered for Federal funding. Due to the 2019 Federal election, there has been a delay in receiving confirmation of the Federal portion of the funding contribution. It is expected that an announcement related to the Federal contribution is forthcoming. In order to proceed with the program, it will require Council’s endorsement regarding its commitment to fund the fifteen (15) projects which have been submitted by Staff. The total costs for all of the projects submitted is approximately $18,152,200, with the City’s portion being $4,768,372. Due to the complexity and duration of some of the projects, it is important to have Councils approval to proceed, then following the Federal contribution announcement, the projects can be initiated immediately. Page 5 of 14 Page 618 of 1156 2 TS-2019-39 December 10, 2019 BACKGROUND In April 2018, the Ontario Provincial Government provided an update on a proposed transit infrastructure program. The proposed program would consider projects in the following areas: improved capacity of public transit infrastructure; improved quality and/or safety of existing or future transit systems; and, improved access to a public transit system. This program would involve providing infrastructure funds to municipalities based on a formula in which the Federal Government will contribute 40 percent, the Ontario Government would contribute 33 percent and municipalities are required to contribute 27 percent towards transit related capital infrastructure programs. Federal and provincial funding is allocated based on 2015 transit ridership data collected by the Canadian Urban Transit System. The City of Niagara Falls total allocation for the next 10 years is $51,796,190 with the City’s portion being $13,814,044, if the program is fully utilized. In August 2019, Premier Doug Ford announced the Provincial Government’s commitment to funding their portion of the Investing in Canada Infrastructure Program (ICIP) for the Public Transit Stream. For the initial intake, fifteen (15) projects were submitted by the City and all received Provincial approval to be considered for Federal funding. Due to the 2019 Federal election, there has been a delay in receiving confirmation of the Federal portion of the funding contribution. It is expected that an announcement related to the Federal contribution is forthcoming. In order to proceed with the program, it will require Council’s endorsement regarding its commitment to fund the fifteen (15) projects which have been submitted by Staff. The total costs for all of the projects submitted is approximately $18,152,200, with the City’s portion being $4,768,372. Due to the complexity and duration of some of the projects, it is important to have Councils approval to proceed, then following the Federal contribution announcement, the projects can be initiated immediately. The City’s projects that have submitted to ICIP are identified in Schedule ‘A’ attached to the report. The capital projects range from the replacement of existing buses to address capacity constraints and aging infrastructure, the construction of a new downtown multimodal transportation hub and the installation of video equipment onboard buses to improve the safety and security of bus operators and passengers. Council will be required to commit to the undertaking of all projects submitted in order to receive the Federal funding commitment. Page 6 of 14 Page 619 of 1156 3 TS-2019-39 December 10, 2019 ANALYSIS/RATIONALE The program considers projects in the following areas: improved capacity of public transit infrastructure; improved quality and/or safety of existing or future transit systems; and, improved access to a public transit system. The projects have been submitted utilizing the above criteria. FINANCIAL/STAFFING/LEGAL IMPLICATIONS The City has submitted fifteen (15) projects to be undertaken with an anticipated completion by the end of 2023. The total project cost is approximately $18,152,200, with the City’s portion being $4,768,372. This requires Council’s commitment to fund these projects for the 2020 and 2021 budget years. CITY’S STRATEGIC COMMITMENT The Transit Service Improvements and Public Consultation process support the City’s Strategic Priorities to make Transit Services an environmentally and convenient choice that connects people to destinations, locally, regionally and provincially. LIST OF ATTACHMENTS Schedule ‘A’ – ICIP Transit Capital Project Listing Recommended by: Karl Dren, Director of Transportation Services Respectfully submitted: Ken Todd, Chief Administrative Officer Page 7 of 14 Page 620 of 1156 Project Name ICIP Program # Federal Allocation Provincial Allocation Municipal Allocation Total Project ($) In-Ground 3 Post Hoist (Artic Buses) - ICIP ICIP-NIF-06 198,000 164,984 132,017 495,000 2020 Bridge Street Multi-Modal Hub - ICIP ICIP-NIF-14 1,760,000 1,466,520 1,173,480 4,400,000 2020 Implementation of New Farebox System - ICIP ICIP-NIF-09 440,000 366,630 293,370 1,100,000 2020 Intermunicipal Layby Construction - Morrison St. - ICIP ICIP-NIF-13 220,000 183,315 146,685 550,000 2020 Radio/VOIP Update (CAD/AVL) - ICIP ICIP-NIF-11 352,000 293,304 234,696 880,000 2020 Refurbishment of Four (4) Conventional Transit Buses - ICIP ICIP-NIF-15 330,000 219,978 110,022 660,000 2020 Supervisor's Vehicle - ICIP ICIP-NIF-12 30,800 25,664 20,536 77,000 2020 Transmission Refurbishment of Six (6) Conventional Transit Buses - ICIP ICIP-NIF-01 34,100 22,731 11,369 68,200 2020 Replacement of Six (6) Conventional Transit Buses - ICIP ICIP-NIF-02 1,870,000 1,558,178 1,246,823 4,675,000 2021* Automotive Lift - ICIP ICIP-NIF-04 17,600 14,665 11,735 44,000 2021 Transit Bus HD Video Camera System - ICIP ICIP-NIF-05 396,000 329,967 264,033 990,000 2021 Fuel System Upgrade - ICIP ICIP-NIF-10 88,000 73,326 58,674 220,000 2021 Extension of Parking and Storage Facilities - ICIP ICIP-NIF-07 1,540,000 1,283,205 1,026,795 3,850,000 2021 Video Surveillance Equipment (Bus Terminal/HUBS)ICIP-NIF-08 22,000 18,332 14,669 55,000 2021 Tennant T20 Heavy-Duty Industrial Scrubber - ICIP ICIP-NIF-03 35,200 29,330 23,470 88,000 2021 TOTAL 7,333,700 6,050,128 4,768,372 18,152,200 * - Ordered in 2020 Start Year TS-2019-39 - Schedule 'A' - ICIP Transit Capital Project Listing Page 8 of 14Page 621 of 1156 NTC 8-2022 July 19, 2022 Page 1 Subject: Onboard Technologies and Equipment Standardization Report to: Niagara Transit Commission Board Report date: Tuesday, July 19, 2022 Recommendations 1. That the Niagara Transit Commission ENDORSE unifying onboard technologies including Intelligent Transportation Systems (ITS), camera and farebox equipment by transit agencies amalgamating into the new regional transit service effective January 1, 2023. 2. That Report NTC 8-2022 BE FORWARDED to the Clerks of the City of Niagara Falls, the City of St. Catharines, and the City of Welland for consideration in the procurement of common ITS technology systems as outlined in this report. Key Facts  The purpose of this report is to seek Niagara Transit Commission (NTC) endorsement for the alignment of conventional system on-board cameras, ITS equipment and fareboxes.  Currently, onboard technologies owned and operated by Niagara Region Transit, Niagara Falls Transit Services, St. Catharines Transit Commission (SCTC), Welland Transit and Fort Erie Transit are not aligned to the point of being able to share information or take fares in a model of having one transit service provider in Niagara.  Chief Administrative Officers and procurement agents in existing transit agencies have requested that the NTC confirm they want to proceed with one camera system, aligned ITS systems, and a standard farebox across the new service and that the systems to be procured or recommended unanimously by current transit agencies represent standardization, best value and efficiency going forward as the NTC.  NTC endorsement of this foundational principle is anticipated to be the basis upon which municipal reports to further enable alignment of equipment where single sourcing required by Niagara Region Transit, SCTC, and/or Niagara Falls, Fort Erie, and Welland Councils in 2022 will proceed.  All of these projects will be considered ‘in flight’ (per the terms of the Municipal Transfer Agreements), and are previously funded by local area municipalities (LAMs), SCTC, and Niagara Region through their individual capital budgets and/or Page 9 of 14 Page 622 of 1156 NTC 8-2022 July 19, 2022 Page 2 _____________________________________________________________________ Investing in Infrastructure Canada Program (ICIP) projects, with the exception of an additional $1.1M in forecasted capital costs required for Niagara Falls which will be applied for funding through the ICIP stream later this year. Financial Considerations There are no direct costs to the Niagara Transit Commission in endorsing this initiative. LAMs, Niagara Region, and the SCTC had budgeted to complete these projects and wish to do so prior to or in concert with the new service launch based on priority. Indirect or resulting costs may be incurred by not having systems aligned by the launch date of January 1, 2023. This is addressed further under Alternatives Reviewed. A summary of the previously approved and funded capital costs are as shown below in Table 1. Table 1 – Farebox and Camera Standardization Capital Costs Transit System Farebox Standardization Gross Capital Request Camera Systems Gross Capital Request Niagara Falls* $1,100,000 $990,000 SCTC $3,990,000 $1,450,570 Welland $78,100 $147,000 Niagara Region $1,355,750 $783,725 Total $6,523,850 $3,371,295 *Niagara Falls forecasts the need for additional capital budget of approximately $1.1M in excess of their previously approved project budget for farebox standardization. Niagara Falls city staff intend to apply for an ICIP application to fund the balance of this project sometime later this year. Staff at the agencies who are requesting this endorsement from the NTC have been acquiring quotations by vendors to meet tight timelines for installations and implementations. All expenditures would meet the budgetary constraints of their approved project funding. No incremental operating budget implications are anticipated to result from these capital investments. Page 10 of 14 Page 623 of 1156 NTC 8-2022 July 19, 2022 Page 3 _____________________________________________________________________ Analysis Farebox Alignment After January 1, 2023, one type of fare card media (pass) will be branded and sold to riders to be rolled out for the new service. The existing fareboxes on the larger conventional systems do not take consistent types of media now. If the fareboxes are not aligned there will be no way to have one pass product for the ridership or valid transfers for all systems/routes at launch. Currently there are two types of fareboxes used in Niagara by the larger systems. Niagara Falls Transit Services (NFTS) has the outlier equipment that was identified to be replaced in 2019 in a staff report to its Council. ICIP funding was applied for and received by Niagara Falls and Niagara Region to upgrade fare equipment on buses operated by NFTS. Fare technology (Masabi readers were introduced to the Linking Niagara Transit Committee in Report LNTC-C 6-2021) were purchased for the system by all transit partners. The ‘reader’ was piloted by SCTC and was bought by the partners to initiate contactless or ‘mobile’ payment across all systems (including OnDemand and paratransit services). Work on this project is still ongoing and should align that function by the end of this year. Masabi is working towards a ‘tap’ function for debit and credit as well that will fully modernize the fare payment method across the system. In looking for alternates to a farebox purchase by NFTS, staff investigated the functionality of Masabi to meet all requirements. Masabi readers could accept a single pass product but the vendor has indicated that delivery on physical passes could take up to a year and that an additional module would have to be purchased to add this function to the equipment and software. This does not meet the need or the timeline required to be fully cross-functional on the three largest systems for January 1, 2023. Also, enabling the Masabi readers to read the new one-system passes on Day 1 will not meet the need for aligning reporting on cash fares, issuing transfers to riders across Niagara, mining ridership data, allowing for secure vaulting of cash across all sites or measuring key performance indicators for the system. It is the Transit Commission Steering Committee Operations Working Group’s recommendation that using City of Niagara Falls and Niagara Region-approved (and funded) ICIP funds to complete a replacement of fareboxes on buses operated by the Page 11 of 14 Page 624 of 1156 NTC 8-2022 July 19, 2022 Page 4 _____________________________________________________________________ NFTS to the standard GFI system (sold by Garival of Laval, QC) currently on St Catharines and Welland transit, is now required if the new service is to be immediately functional and successful. It is currently anticipated the TransitFare system in place with Fort Erie Transit is compatible with the harmonized system. Technical work is ongoing to verify this assumption. Fort Erie Transit riders paying a cash fare will need to be provided paper transfers to board regional routes. In addition to the alignment of fare box technology, successful implementation requires that a harmonized fare schedule be established that brings together the currently different fare categories and levels across Niagara. Companion report NTC 7-2020 discusses a recommended strategy. Camera & ITS Systems Currently, all three conventional transit agencies have a project budget to purchase (NFTS and WT) or replace (SCTC) camera systems onboard their existing 2022 fleets. All 40’ and 60’ conventional NOVA buses purchased by all transit agencies in Niagara, through a joint procurement arrangement with Metrolinx, include a Safe Fleet (SEON) camera system as standard equipment optionally prewired by the manufacturer. Any buses ordered in 2022 for Niagara systems and/or to be purchased by the NTC under these agreements up to the end of 2023 would be equipped with a SEON system. Further, SEON is already onboard the majority of buses in the region and the software contract arrangements are already established and can be expanded. NFTS issued an RFP for camera systems earlier in 2022. Subsequent to the establishment of the NTC, the project was cancelled. Aligning camera systems across Niagara is now the focus of this project. Work is also underway to coordinate ITS Systems such as modems and support systems onboard NRT and Welland’s new OnDemand systems, as well as on support vehicles. These vehicles rely on Clever Devices (the standard ITS system across the services) for communication and monitoring. Discussions about various dispatch systems, apps for online ride booking etc. continue to be discussed as systems start to align where possible by Day 1 for launch of the new service and in the near future. Page 12 of 14 Page 625 of 1156 NTC 8-2022 July 19, 2022 Page 5 _____________________________________________________________________ The shared use and alignment of farebox technologies, ITS systems and onboard cameras by an amalgamated transit agency enhances the overall functionality of a system expected to look and feel like ‘one transit’ as of January 1, 2023. The safety and security of staff and riders, provision of real time or online route and schedule information for riders, the ability to conduct data and ridership analysis and execute ‘back of house’ operations successfully counts on sites and their fleets being able to share and access information in real time. In any model where a dispatch function is provided or on-road supervision is required, these systems being synchronous is key. Should standardization not be endorsed or achieved, the underperformance of the new service at the farebox and in operations could negatively affect the first-impression or reputation of the NTC system as an amalgamated version of prior agencies. Any lack of alignment would further constrain the ability of the NTC to gather and report on metrics such as ridership, boardings, and transfers. In an effort to mitigate risk of delay for Day 1, early discussions with Garival have ensured that delivery, installation and training on the replacement fareboxes can be accommodated in 2022, but a decision is required immediately to ensure this timeline can be met. Next Steps Should NTC endorse the recommendation to move to common technology as outlined in this report, the immediate next step would be for NFTS to request from their Council to initiate the project utilizing the City’s existing ICIP funds. Should NF Council approve this direction (based on the NTC’s position to go in this direction laid out in this report), City staff, in partnership with the Operations WG, would notify MTO of the intent to reapply for a new ICIP project to fully fund all farebox related costs at Niagara Falls, and proceed with acquisition of the new replacement Garival fareboxes. Alternatives Reviewed The Niagara Transit Commission may choose not to endorse the intended alignment of onboard technologies. The results of this misalignment on January 1 would result in a number of challenges both front-facing and back of house. Without an alignment of technologies, riders would face a number of negative impacts such as confusion over payment amounts, methods, and types (cash vs. tap cards); the inability to move to a single fare media pass, the inability for seamless transfers, Page 13 of 14 Page 626 of 1156 NTC 8-2022 July 19, 2022 Page 6 _____________________________________________________________________ potential safety and security concerns (i.e. cameras available and enabled on some buses but not others), stop announcement system limitations, and subsequent potential impacts to the supporting trip planning applications such as Goggle and/or Transit. Operationally, choosing not to proceed with aligned technology creates significant challenges to the NTC in aligning reporting on cash fares, issuing transfers to riders, mining ridership data, allowing for secure vaulting of cash, measuring key performance indicators, potential for non-compliant health and safety policy (i.e. cameras available on some fleet but not others), as well as potential for scheduling and route planning errors, incompatibility of fare processing, and undetermined but inevitable financial impacts required to patchwork the different systems together. Other Pertinent Reports LNTC-C 6-2021 Common Transit Fare Technology Solution NTC 7-2022 Harmonization of Transit Fares ________________________________ Prepared by: Eric Gillespie Chair, Operations Working Group Transit Commission Steering Committee _______________________________ Recommended by: Bruce Zvaniga, P.Eng. Chair, Transit Commission Steering Committee _______________________________ Submitted by: Ron Tripp, P.Eng. Chief Administrative Officer, Niagara Region Niagara Transit Commission Board Member – Ex-Officio This report was prepared by the Transit Commission Steering Committee, which is chaired by Chaired by the Commissioner of Public Works and is comprised of extensive senior Regional staff (Commissioner and Director levels). Page 14 of 14 Page 627 of 1156 TS-2022-03 Report Report to: Mayor and Council Date: August 9, 2022 Title: Niagara Transit Commission: Establishment of Common Fare Structure & Policy Recommendation(s) That Council receives for information the common Region -wide fare structure and policies adopted by the Niagara Transit Commission to become effective on January 1, 2023 as established at their July 19, 2022 meeting. Executive Summary The Niagara Transit Service Delivery and Governance Strategy, 2017 identified the shortfalls of the current overall fare system(s), and recommended that a harmonization of a common fare structure and fare payment technology platform must be undertaken by the Region of Niagara and transit providers as a key enabler to meeting the goal of providing a connective and integrated transit system in Niagara. Council approved the work to get underway to harmonize fare products and policies between regional transit partners in Report TS-2019-22 dated July 16, 2019. The Intermunicipal Transit Working Group (IMTWG) work to implement a common farebox and a common fare strategy has been underway since. Now, a final preferred fare strategy that balances customer focus, cost and impact to riders across all systems has been approved by the Niagara Transit Commission (NTC), through their Report NTC 07-2022, to become effective January 1, 2023 when they assume transit provision across the Region. The common fare strategy will be implemented with the support of a preferred fare-payment technology, which is the subject of a separate report before Council. Background Systems across Niagara have a number of their own rates and criteria for transit fares and fare media products along with policies that are distinct to their systems. To bring consistency and transferability between all systems to fruition for the NTC, a 2-phase approach to implementing a common fare strategy, policies and farebox was approved. The initial harmonization of the fare structures will be supported by the initiation of a project to align all the technology required to enable seamless travel. Page 1 of 19 Page 628 of 1156 NTC will realize the outstanding objective of bringing consistency across the existing systems regarding fare media (i.e. monthly passes, 10-ride cards, etc.). This also means NTC has defined their fare media and rider segments using the same categories (i.e. adult (18-64), senior (65+), youth (13-17 or with Secondary School ID), child (12- under) as per NTC 07-2022 - Appendix 1 attached to this report. Aligning the fare charged in each category will result in consistency among the local systems. There was consideration that local Councils may still request unique municipal exemptions; however, the primary intent is to enable fare media products and associated fare structures/ policies to be fully aligned for the service’s launch. Regarding fare payment technology, staff has prepared a separate report to discuss reapplication to the Investing in Canada Infrastructure Program (ICIP) to align that requests. The ambitious timeframe would include requisite Council approvals, acquisition and installation of the preferred fare payment technology and deployment. This would represent a significant achievement in the operational integration of transit systems in Niagara. Analysis Council approved the fare value changes from the current Niagara Falls Trans it Services to an amalgamated fare structure shown in the table below in Report TS 2019- 22 as follows: Page 2 of 19 Page 629 of 1156 Variations to Council’s approved local rate version in Table 2 are as follows: • Children 5 and Under has been changed to Children 12 and Under – Ride Free • Day Passes will only rise in cost to the Rider to $7.25/ pass not to $8.00 • 10-Ride Adult will only rise in cost to the Rider to $26.50 not to $27.00 • 10-Ride Senior will only rise in cost to the Rider to $22.00 not to $22.50 • 10-Ride Youth will rise in cost to the Rider to $23.00 from $22.50 • Monthly Pass Adult will only rise in cost to the Rider to $85.50 not $90.00 • Monthly Pass Senior will only rise in cost to the Rider to $63.00 not $65.00 • Monthly Pass Youth will rise in cost to the Rider to $66.75 from $65.00 • Youth Semester passes will not be offered due to low uptake Financial Implications/Budget Impact From a budgetary point of view the fares structure changes to be effected by the Niagara Transit Commission do not impact the City’s financial status. Fee for transit services provided by the new NTC is to be incorporated into the Regional levy as of 2023. Special levies for local promotions may be forwarded for NTC consideration as per a Council request. Page 3 of 19 Page 630 of 1156 Strategic/Departmental Alignment This adheres to the City’s strategic commitment related to Convenient, Accessible and Sustainable Transportation to strengthen public transit linkages between the municipalities to assist in the movement of people for employment and education opportunities. List of Attachments TS-2019-22 IMT Coordinating Committee Update - Establishment of Common Fare Structure NTC 07-2022 Harmonization of Transit Fares Written by: Carla Stout, Manager of Transit Submitted by: Status: Carla Stout, Manager of Transit Approved - 29 Jul 2022 Jason Burgess, CAO Approved - 30 Jul 2022 Page 4 of 19 Page 631 of 1156 TS-2019-22 July 16, 2019 REPORT TO: Mayor James M. Diodati and Members of Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Transportation Services Department SUBJECT: TS-2019-22 Inter-municipal Transit Coordinating Committee Update: Establishment of Common Fare Structure RECOMMENDATION That Council approve a common Region wide fare structure and strategy, effective January 1, 2021 as provided herein. EXECUTIVE SUMMARY The Niagara Transit Service Delivery and Governance Strategy, 2017 identified the shortfalls of the current overall fare system(s), and recommended that a harmonization of a common fare structure and fare payment technology platform must be undertaken by the Region of Niagara and transit providers as a key enabler to meeting the goal of providing a connective and integrated transit system in Niagara. Discussion by the Intermunicipal Transit Working Group (IMTWG) regarding a common fare strategy has been underway since 2018. A preferred strategy that balances customer focus, cost and impact to riders and all systems is being recommended now to the governing bodies of all transit systems within Niagara. The common fare strategy is to be implemented on January 1, 2021 with the support of a to-be-determined preferred fare-payment technology. BACKGROUND Systems across Niagara currently have a number of their own rates and criteria for transit fares and fare media products that are distinct to their systems. To continue to work towards the objective of bringing consistency and transferability between all systems to fruition, the IMTWG has identified a 2-phase approach to implementing a common fare strategy. The initial harmonization of the fare structures will be supported by the initiation of the technology required to enable seamless travel. The IMTWG are working toward the objective of bringing consistency across the existing systems regarding fare media (i.e. monthly passes, 10-ride cards, etc.). This also means systems would define their fare media and rider segments using the same categories (i.e. adult (18-64), senior (65+), student (12-18), child (12-under) etc.). Page 5 of 19 Page 632 of 1156 2 TS-2019-22 July 16, 2019 Aligning the fare charged in each category would result in consistency among the local systems. There is also the consideration that local Councils may still elect to allow for unique municipal exemptions; however there exists a significant opportunity to enable most fare media products and associated fare structure to be fully aligned. This alignment and associated operational and financial impacts are being advanced by the IMTWG to calculate the impact of these policy decisions on the respective local transit authorities. Ultimately these decisions to adopt align and deploy ay fare structure or product changes all require the full consent of the respective local Councils or transit authorities to implement. Regarding fare payment technology, the IMTWG has been working within the parameters of the Investing in Canada Infrastructure Program (ICIP) to align requests. Although not precisely defined at this time, the premise is that all systems would acquire and adopt the same fare payment technology using these external ICIP funding sources to assist in the harmonization of a preferred integrated are payment option. This could include mobile ticketing, on-board fare payment technology, smartcard fare payment, and /or other related hardware and software supports for next generation fare payment. This would accelerate the improved rider experience of a common fare payment technology and assist with the seamless movement of riders across Niagara. Additionally, the IMTWG is engaging with PRESTO (the fare payment solution used by Metrolinx) to learn more about the capital, operational and process requirements of that program. These changes will require support from all the local councils and successful ICIP applications across transit systems. Assuming all the necessary approvals and funding are achieved the proposed harmonized fare structure and fare payment technology solution could be ready for deployment in 2021. This ambitious timeframe would include requisite Council/Commission approvals, public notification, selection, acquisition and installation of preferred fare payment technology and deployment. This would represent a significant achievement in the operational integration of transit systems in Niagara. ANALYSIS/RATIONALE Changes from the current Niagara Falls Transit Services fare structure are outlined below in Table 1 and are as follows:  Cash Fares (Senior & Student (13-19 in High school) and Child (6-12)) – To be increased from $2.75 and $1.75 respectively to a single cash are of $3.00.  Day Passes – To be increased from $7.00 to $8.00.  Adult Monthly Pass – To be increased from $80.00 to $90.00  Semester Pass – To be increased from $260.00 to $275.00. Page 6 of 19 Page 633 of 1156 3 TS-2019-22 July 16, 2019 10-Ride passes would be further discounted offsetting increases to increased cash fares for riders. The cost of purchasing discounted monthly pass fare products for Seniors/ VIPs and Students would remain the same. While the proposed common fare structure considers all the major fare categories there are other fare policies that still must be agreed upon and there is understanding among the group that there may be municipalities that have concession fare options that are outside of the common fare structure. Outstanding discussion items include:  Transfer Policy(ies)  Children 12 & ride free  Veteran’s Pass  Family Pass (St Catharines Transit fare promotion) Once consensus is reached on these items, they will be brought to Council for review and approval. Table 1 FINANCIAL IMPLICATIONS To demonstrate impacts to fare revenues, Table 2 has been provided below with 2017 fare product sales numbers to show expected results. Even though there are losses in the 10-Ride fare product category to get to an integrated product across all systems, these losses are negated in the overall increase. Niagara Falls St. Catharines Welland Average Fare January 1, 2021 Price Percentage Change of Proposed Price Over Average Cash Fare - Adult 3.00$ 3.00$ 3.00$ 3.00$ 3.00$ 0% Cash Fare - Senior 2.75$ 3.00$ 3.00$ 2.92$ 3.00$ 3% Cash Fare - Student 2.75$ 2.50$ 3.00$ 2.75$ 3.00$ 9% Cash Fare - Child 1.75$ 2.50$ 1.50$ 1.92$ 3.00$ Day Pass 7.00$ 8.00$ n/a 7.50$ 8.00$ 7% 10 Ride - Adult 28.00$ 26.00$ 25.00$ 26.33$ 27.00$ 3% 10 Ride - Senior 25.00$ 20.00$ 21.00$ 22.00$ 22.50$ 2% 10 Ride - Student 25.00$ 22.50$ 22.00$ 23.17$ 22.50$ -3% Monthly Pass - Adult 80.00$ 92.00$ 85.00$ 85.67$ 90.00$ 5% Monthly Pass - Senior 65.00$ 57.00$ 65.00$ 62.33$ 65.00$ 4% Monthly Pass - Student 65.00$ 62.00$ 75.00$ 67.33$ 65.00$ -3% Community Living / ODSP 65.00$ 72.00$ 76.00$ 71.00$ 65.00$ -8% Family Pass n/a 8.00$ n/a Semester Pass 260.00$ 290.00$ n/a 275.00$ 275.00$ 0% 1.5%Average Increase Across All Fare Categories Page 7 of 19 Page 634 of 1156 4 TS-2019-22 July 16, 2019 From a budgetary point of view the fares structure changes result in a net gain for the City. There has not been a Niagara Falls Transit Services fare increase since July 1, 2017. This increase would become effective January 1, 2021 and represents a combined increase of 1.5% over all transit systems. Table 2 Niagara Falls Proposed Price 2017 Sales (# of passes or ridecards or trips, not $) Gain/(Loss) Cash Fare - Adult $ 3.00 $ 3.00 164,365 None Cash Fare - Senior $ 2.75 $ 3.00 31,501 $ 7,875.25 Cash Fare - Student $ 2.75 $ 3.00 17,531 $ 4,382.75 Day Pass $ 7.00 $ 8.00 2,678 $ 2,678.00 10 Ride - Adult $ 28.00 $ 27.00 19,175 -$ 19,175.00 10 Ride - Senior $ 25.00 $ 22.50 6,656 -$ 16,640.00 10 Ride - Student $ 25.00 $ 22.50 2,308 -$ 5,770.00 Monthly Pass - Adult $ 80.00 $ 90.00 6,887 $ 68,870.00 Monthly Pass - Senior $ 65.00 $ 65.00 2,193 None Monthly Pass - Student $ 65.00 $ 65.00 1,709 None Semester Pass $ 260.00 $ 275.00 106 $ 1,590.00 Total $ 43,811.00 CITY’S STRATEGIC COMMITMENT This adheres to the City’s strategic commitment related to Convenient, Accessible and Sustainable Transportation to strengthen public transit linkages between the municipalities to assist in the movement of people for employment and education opportunities. Recommended by: Karl Dren, Director of Transportation Services Respectfully submitted: Ken Todd, Chief Administrative Officer CES Page 8 of 19 Page 635 of 1156 NTC 7-2022 July 19, 2022 Page 1 Subject: Harmonization of Transit Fares Report to: Niagara Transit Commission Board Report date: Tuesday, July 19, 2022 Recommendations 1. That the Niagara Transit Commission APPROVE the harmonized fare structure and associated fare policies outlined in this report. 2. That report NTC-7 2022 BE FORWARDED to Niagara Region with the request that the transit fare structure identified in this report be included in the Regional Fees & Charges by-law to be effective January 1, 2023. Key Facts  The purpose of this report is to seek Niagara Transit Commission (NTC) approval of a harmonized fare structure and associated fare policies for implementation on January 1, 2023.  This harmonization is required as the current transit fares, products, and policies in place across the existing systems in Niagara are not completely aligned.  Aligning fares for January 1, 2023 will reduce potential rider confusion and support the implementation of a common fare payment technology as referenced in the companion report NTC-8 2022 (Onboard Technologies and Equipment Standardization).  This report is being brought to the NTC board at this time as the updated fare structure is required to develop the NTC’s 2023 operating budget and must be reflected in Niagara Region’s 2023 Fees & Charges By-law.  The fare structure recommended in this report maintains the current different fares for inter-municipal and intra-municipal (local) trips. The move to a single, region-wide flat fare for all trips is anticipated in approximately 2025, given the potential (and currently unknown) impacts on revenue, and is consistent with the financial strategy outlined during the triple-majority process. Page 9 of 19 Page 636 of 1156 NTC 7-2022 July 19, 2022 Page 2 _____________________________________________________________________ Financial Considerations The recommended fare structure is based on the average of existing local fare products, with the exception of the low-income pass, which is recommended to be the lowest current fare. This results in some existing transit fare products at the local level going up, and some going down. At both the inter-municipal and local level, the recommended fare structure reflects the addition of previously unoff ered fare products such as a daily pass and a low-income pass. These new fare products are being added because they were previously offered at either the local or inter-municipal level and are being recommended to continue under the proposed harmonized fare structure to be implemented January 1, 2023 under the NTC. Appendix 1 shows that there is an estimated total revenue loss of approximately $91,000 or 0.16% of the estimated 2022 consolidated transit budget resulting from the move to the harmonized fare structure and the introduction of the additional fare categories at both the local and inter-municipal level. It is anticipated that the revenue loss associated with the fare harmonization would be mitigated in 2023 through increasing ridership as demand returns to pre-COVID-19 levels. Analysis Background The Niagara Transit Service Delivery and Governance Strategy (Dillon Report) and the Niagara Transit Governance Study (NTGS) both identified the shortfalls of the current overall fare system(s) and recommended that a harmonization of fare structures, policies and the fare payment technology platform be undertaken. The current transit systems in Niagara today vary in terms of fare prices, types of passes, concessions offered, and other associated polices. Examples of these variations include:  Fares for local monthly passes range from $80 to $92.  Some systems offer free rides to children under 12, where others offer free rides to children under five and charge discounted fares to children between 5 -12.  Some systems offer low-income transit passes, 10-ride, one-day, or other similar passes that are not offered by all systems. Page 10 of 19 Page 637 of 1156 NTC 7-2022 July 19, 2022 Page 3 _____________________________________________________________________ Arriving at a harmonized fare structure and eliminating these variations is a key enabler to meeting the goal of providing a connected and integrated transit system in Niagara. A harmonized structure will reduce rider confusion by providing one fare structure and one set of policies for all Niagara, and allow for the same fare media to be branded and sold to NTC customers for access to the entire consolidated system. Under one system, differentiated fares are no longer necessary or appropriate, as consistency and unification of policies will be critical to riders. The proposed harmonized structure further aligns with recent work undertaken b y a collective of Greater Toronto and Hamilton Area (GTHA) transit agencies to establish fare age category and cost uniformity. Moving Niagara towards the standards previously set by this group will support Niagara residents who are making inter-regional trips by ensuring they are eligible for similar concessions across Ontario, as well as any future opportunities for co-fare agreements with peer transit organizations such as Hamilton Street Railway (HSR) in Hamilton or GO Transit, as rider categories will already be aligned. Significant work has been done by the Inter-Municipal Transit Working Group (IMTWG) in anticipation of the opportunity to harmonize fares. The companion report NTC-8 2022 (Onboard Technologies and Equipment Standardization ) outlines the strategy for the implementation of a common farebox platform that will facilitate implementation of the fare structure recommended by this report. Harmonized Transit Fare Structure The harmonization of transit fares in Niagara requires a two-step process: first aligning the various fare categories that exist between the current transit providers; and subsequently establishing a new single fare rate for that category. The consolidation of fare categories standardizes the fare age categories across Niagara, as well as reconciles differences in the types of passes (i.e. cash, day passes, 10-ride passes). The fares recommended in Table 1 are based on the average of existing transit fares in Niagara, with the exception of the low-income pass which is based on the (current) lowest monthly price of $65 (Niagara Falls) rather than the average price of $71. Page 11 of 19 Page 638 of 1156 NTC 7-2022 July 19, 2022 Page 4 _____________________________________________________________________ This approach to harmonization was recommended as it results in a the most limited impact to the anticipated 2023 NTC operating budget, as well as the least impact to the fares currently being charged to Niagara’s transit riders today. Table 1 - Niagara Transit Commission Harmonized Fare Summary Fare Category Intra-municipal (local) Fares January 1, 2023 Inter-municipal Fares January 1, 2023 Cash Fare - Adults (18-64) $ 3.00 $ 6.00 Cash Fare - Seniors (65+) $ 3.00 $ 5.00 Cash Fare - Youth (13-17 or Secondary School ID) $ 3.00 $ 5.00 Cash Fare - 5 and Under Free Free Cash Fare - 6 to 12 Free Free Day Pass $ 7.25 $ 14.50 Fort Erie to Niagara Falls Link Service – Cash Fare n/a $ 6.00 Port Colborne to W elland Link Service - Cash Fare n/a $ 6.00 10 Ride Card - Adults (18-64) $ 26.50 $ 45.00 10 Ride Card - Seniors (65+) $ 22.00 $ 40.00 10 Ride Card - Youth (13-17 or Secondary School ID) $ 23.00 $ 40.00 Monthly Pass - Adults (18-64) $ 85.50 $ 160.00 Monthly Pass - Seniors (65+) $ 63.00 $ 130.00 Monthly Pass - Youth (13-17 or Secondary School ID) $ 66.75 $ 130.00 Monthly Pass - Low Income $ 65.00 $ 122.00 Two ride Cards - Adults (18-64) Do not offer Do not offer Two ride Cards - Seniors (65+) Do not offer Do not offer Two ride Cards - Youth (13-17 or Secondary School ID) Do not offer Do not offer Family Pass Do not offer Do not offer Semester Pass Do not offer Do not offer Page 12 of 19 Page 639 of 1156 NTC 7-2022 July 19, 2022 Page 5 _____________________________________________________________________ Appendix 1 – Niagara Transit Commission Fare Harmonization Strategy – provides a full comparison of the existing fare rates and categories, and how they relate to the proposed fare structure outlined above. Under the proposed strategy:  The separate fare categories for intra-municipal (local) fares and inter-municipal fares are maintained. The financial strategy approved in the triple majority process projected the elimination of the existing two-fare structure that differentiates between inter-municipal trips and intra-municipal trips would be considered by the NTC as part of the 2025 budget process. This is further discussed in the Alternatives Reviewed section.  Selected fare categories (i.e. those specific to only one municipality today) will be consolidated into broader categories, including: o Family Pass – reflecting the move to full free transit for all children under 12 and expanded eligibility for youth concessions; o Semester Pass – given expanded eligibility for youth concessions and the future anticipated discussions regarding post-secondary U-Passes. o Separate Link Service fares – consolidating costs for all inter-municipal services, eliminating discrepancies. o Two Ride Cards – only currently offered for inter-municipal trips and recommended to not be provided versus be expanded to local trips.  Fare categories that were previously offered for only one of intra-municipal (local) or inter-municipal trips will be expanded to both trip types, such as a low-income pass and 10-ride cards. Fare Policies The fare structure above will be supported by the harmonization of associated fare policies that outline eligibility criteria for concessions, transfer policies, and other considerations. The policies outlined below are those directly related to the implementation of the fare structure. Additional policies related to fares but that would not impact the structure Page 13 of 19 Page 640 of 1156 NTC 7-2022 July 19, 2022 Page 6 _____________________________________________________________________ itself, such as fare collection and enforcement policies, will be determined by the General Manager once hired.  Low-Income Transit Pass: the majority of local municipalities currently provide a low-income transit pass for residents who require financial assistance to achieve mobility. This program will be expanded region-wide as part of the harmonized structure, and now be available for both local and inter-municipal trips. Specific eligibility criteria for low-income transit passes and the associated application process will be determined by the General Manager once hired. It is anticipated that eligibility will be closely tied to registrants of the Ontario Disability Support Program (ODSP), which is the current criteria used by the St. Catharines Transit Commission and Welland Transit.  Specialized Transit: the eligibility criteria for specialized transit is governed by the Accessibility for Ontarians with Disabilities Act (AODA) and as such, is already harmonized across Niagara’s transit providers. The current application -based process for both local specialized transit services as well as inter-municipal services offered by Niagara Specialized Transit will remain in place.  Seniors Rate: eligibility will be for persons 65+, with proof of age being required on request. This is consistent with the current policies of all existing Niagara transit systems.  Youth Rate: eligibility will be youth between ages of 13-17, or with valid secondary school identification. This recommendation harmonizes the different types of youth and student passes currently provided across Niagara, as well as the upper age limit of eligibility, which currently ranges between 17-19 years old.  Transfer Policy: Transfers will be issued for 2 hours from the time of the original boarding for the completion of a one-way trip. This transfer window is consistent with peer transit agencies such as Hamilton, Durham, and Toronto and will harmonize transfer windows for the current systems that range between 1-2 hours. Providing a longer transfer window supports the ability of riders to link trips together, where transfer times may be extended during connections. It also supports the practice of ‘trip-chaining’ where riders can make mid-trip stops before continuing on Page 14 of 19 Page 641 of 1156 NTC 7-2022 July 19, 2022 Page 7 _____________________________________________________________________ their one-way journey without paying an additional fare. Facilitating these trips can be a significant factor in encouraging transit usage. In addition to the policies outlined above, the following passengers will not be charged a fare:  Children Under 12: it is recommended that existing child exemptions be harmonized so that all children under 12 years old are not charged a transit fare. This will apply to both children travelling alone, as well as those accompanied by an adult. This policy also aligns with GO Transit and many other GTHA transit agencies, who provide similar fare exemptions.  CNIB Foundation (Formerly Canadian National Institute for the Blind): Persons (and support persons) carrying a CNIB identification card.  First Responders: police officers, firefighters, and emergency medical services paramedics, while on duty.  NTC Employees: active and retired employees of the NTC (including their predecessor transit agencies) presenting a valid issued pass will be exempt from paying transit fares. This is a grandfathering of existing policies in-place with the municipalities, is included in collective agreements, and is common in the industry.  Support Persons: Niagara’s transit providers have previously developed a Universal Support Persons pass that complies with AODA and allows one support person to ride free of charge along with a valid fare paying customer who, because of their disability, requires assistance while travelling on public transit.  Active Duty Military and Veterans: any Canadian active duty military personnel or persons presenting a Canada Armed Forces Veteran’s Service Card. Implementation Achieving the implementation of the harmonized fare structure requires that Niagara Region’s Fees and Charges by-law be updated to reflect the new fare levels and new Page 15 of 19 Page 642 of 1156 NTC 7-2022 July 19, 2022 Page 8 _____________________________________________________________________ fare categories. As the Region’s User Fee By-law will not be updated until February 2023 due to the municipal election an amended By-law will be presented to Council in Q3 of 2022 to reflect the Transit fees effective January 1, 2023. In addition, the proposed fares will be used as an input to the 2023 operating budget for the NTC. The companion report NTC 8-2022 (Onboard Technologies and Equipment Standardization) outlines the objective to move all existing systems toward a common farebox technology. This is a critical step in ensuring the implementation of th e harmonized fare strategy outlined in this report, as the updated on-vehicle technology is required to support one common fare pass that includes valid transfers for all systems/routes at launch. There is some risk associated with having the local alignment complete for January 1, 2023. The readiness is dependant upon farebox procurement and installation for the Niagara Falls fleet and delivery time for fare media. Current timelines from suppliers indicate the system will be ready for January 1, 2023. Alternatives Reviewed Four primary alternatives were considered in the development of the fare structures and policies recommended in this report:  Increase highest local fare - The option to move all fares to the highest local fare in each category was reviewed. This option would see an increase in fare revenue of $270,000. This option was not recommended as there would be significant increases to certain fare categories and an overall increase of 5% with no change to service.  Reduce lowest local fare - The option to move all fares to the lowest local fare in each category was reviewed. This option would see a decrease in fare revenue of $233,000. This option was not recommended due to the budgetary impact.  Move to one region-wide flat fare during transition – The financial strategy advanced during the triple-majority process anticipated that the implementation of a single, region-wide flat fare (i.e. removing the separate fare for inter-municipal trips) would occur in 2025. This timeframe was recommended as it supported the principle that the NTC not make significant changes during transition, it would allow the NTC Page 16 of 19 Page 643 of 1156 NTC 7-2022 July 19, 2022 Page 9 _____________________________________________________________________ to negotiate future U-Pass agreements (which have a significant impact on fare revenue) in advance of this fare change, to allow ongoing impacts on transit ridership from COVID-19 to be understood, and allow direction to be provided by the senior leadership team of the NTC. The NTC could consider advancing this timeline and seek to implement one flat fare for the launch of the NTC on January 1, 2023. LNTC-C 3-2021 estimated this impact at $2.6M, which would have a significant impact on the NTC’s operating budget and is therefore is not being recommended.  Defer consideration until the General Manager is on-boarded – The NTC could elect to defer approval of harmonization until the GM is hired and in place later in 2022. This approach is not recommended as the Region’s fees and charges by-law must be updated at this time to support implementation of the harmonized strategy by January 1, 2023.  Seniors Exemption - It should also be noted that during the triple majority process, the City of Niagara Falls formally requested that the NTC consider a policy to exempt seniors (65+) from transit fares. This report and the accompanying initial fare structure does not attempt to make policy recommendations on fare categories such as U-Pass rates, single fare implementation, or seniors exemptions which in any way have substantive financial impacts for Day 1/Year 1 NTC revenue projections which deviate from the approved financial strategy. This does not however, preclude the NTC from consideration of this fare category consideration at a future date. Other Pertinent Reports NTC 8-2022 Onboard Technologies and Equipment Standardization LNTC 3-2021 Niagara Transit Governance - Revised Strategies Reflecting Phase 1 Municipal Consultation Page 17 of 19 Page 644 of 1156 NTC 7-2022 July 19, 2022 Page 10 _____________________________________________________________________ ________________________________ Prepared by: Eric Gillespie Chair, Operations Working Group Transit Commission Steering Committee _______________________________ Recommended by: Bruce Zvaniga, P.Eng. Chair, Transit Commission Steering Committee ________________________________ Submitted by: Ron Tripp, P.Eng. Chief Administrative Officer, Niagara Region Niagara Transit Commission Board Member – Ex-Officio This report was prepared by the Transit Commission Steering Committee, which is chaired by Chaired by the Commissioner of Public Works and is comprised of extensive senior Regional staff (Commissioner and Director levels). Appendices Appendix 1 Niagara Transit Commission Fare Harmonization Strategy Page 18 of 19 Page 645 of 1156 NTC 07-2022 July 19, 2022 Appendix 1Current Fare Price Fare Category Niagara Falls St. Catharines Welland Fort Erie Average Local Intra- municipal Niagara Region Total Estimated Fare Revenue Based on 2022 Fares Recommended January 1, 2023 Price - Local Intra-municipal Recommended January 1, 2023 Price - Inter- municipal Total Estimated Fare Revenue Based on Recommended 2023 Fares Increase / (Decrease) to Niagara Transit Commission Budget Cash Fare - Adults (18-64) $ 3.00 $ 3.00 $ 3.00 $ 3.00 $ 3.00 $ 6.00 $ 2,573,754 $ 3.00 $ 6.00 $ 2,602,314 $ 28,560 Cash Fare - Seniors (65+) $ 2.75 $ 3.00 $ 3.00 $ 3.00 $ 2.94 $ 5.00 $ 287,131 $ 3.00 $ 5.00 $ 292,813 $ 5,682 Cash Fare - Youth (13-17 or Secondary School ID) $ 2.75 $ 3.00 $ 3.00 $ 3.00 $ 2.94 $ 5.00 $ 100,923 $ 3.00 $ 5.00 $ 102,317 $ 1,395 Cash Fare - 5 and Under $ -$ -$ 1.50 $ -$ 0.38 $ -$ - Free Free $ -$ - Cash Fare - 6 to 12 $ 1.75 $ -$ 1.50 $ -$ 0.81 $ -$ - Free Free $ -$ - Day Pass $ 7.00 $ 8.00 $ 8.00 $ 6.00 $ 7.25 n/a $ 37,723 $ 7.25 $ 14.50 $ 53,570 $ 15,847 Fort Erie to Niagara Falls Link Service - Cash Fare - Adults (18-64), Youth (13-17), Seniors (65+) n/a n/a n/a n/a n/a $ 3.50 $ 18,001 n/a $ 6.00 $ 30,858 $ 12,858 Port Colborne to Welland Link Service - Cash Fare - Adults (18-64), Youth (13-17), Seniors (65+) n/a n/a n/a n/a n/a $ 4.00 $ 30,000 n/a $ 6.00 $ 45,000 $ 15,000 10 Ride Card - Adults (18-64) $ 28.00 $ 26.00 $ 25.00 $ 27.00 $ 26.50 $ 45.00 $ 1,258,968 $ 26.50 $ 45.00 $ 1,227,395 $ (31,574) 10 Ride Card - Seniors (65+) $ 25.00 $ 20.00 $ 21.00 $ 22.50 $ 22.13 $ 40.00 $ 296,399 $ 22.00 $ 40.00 $ 310,804 $ 14,405 10 Ride Card - Youth (13-17 or Secondary School ID) $ 25.00 $ 22.50 $ 22.00 $ 22.50 $ 23.00 $ 40.00 $ 102,466 $ 23.00 $ 40.00 $ 143,776 $ 41,311 Monthly Pass - Adults (18-64) $ 80.00 $ 92.00 $ 85.00 $ 85.00 $ 85.50 $ 160.00 $ 2,912,532 $ 85.50 $ 160.00 $ 2,315,910 $ (596,622) Monthly Pass - Seniors (65+) $ 65.00 $ 57.00 $ 65.00 $ 65.00 $ 63.00 $ 130.00 $ 467,669 $ 63.00 $ 130.00 $ 479,127 $ 11,458 Monthly Pass - Youth (13-17 or Secondary School ID) $ 65.00 $ 62.00 $ 75.00 $ 65.00 $ 66.75 $ 130.00 $ 215,485 $ 66.75 $ 130.00 $ 420,882 $ 205,397 Monthly Pass - Low Income $ 65.00 $ 72.00 $ 76.00 n/a $ 71.00 n/a $ 249,840 $ 65.00 $ 122.00 $ 469,550 $ 219,710 Two ride Cards - Adults (18-64) n/a n/a n/a n/a n/a $ 12.00 $ 34,560 Do not offer Do not offer $ -$ (34,560) Two ride Cards - Seniors (65+) n/a n/a n/a n/a n/a $ 10.00 $ 360 Do not offer Do not offer $ -$ (360) Two ride Cards - Youth (13-17 or Secondary School ID) n/a n/a n/a n/a n/a $ 10.00 $ - Do not offer Do not offer $ -$ - Family Pass n/a $ 8.00 n/a n/a $ 8.00 n/a $ - Do not offer Do not offer $ -$ - Semester Pass $ 275.00 $ 290.00 n/a n/a $ 282.50 n/a $ - Do not offer Do not offer $ -$ - 8,585,810$ 8,494,315$ (91,494)$ Page 19 of 19Page 646 of 1156 TS-2022-04 Report Report to: Mayor and Council Date: August 9, 2022 Title: Investing in Canada Infrastructure Program (ICIP) Application – Sole Source Procurement for Replacement of Farebox Technology Recommendation(s) 1. That Council approve the Investing in Canada Infrastructure Program (ICIP) project application for $1,950,300 for the replacement of fareboxes as set out in this report and that the City’s portion (26.67%) totaling $520,730.10 be funded by Provincial Transit-Dedicated Gas tax. 2. That staff be authorized to procure fareboxes for fifteen (15) Regional buses operated by the City of Niagara Falls, to be funded wholly by Niagara Region, in the amount of $365,726 inclusive of non-rebateable HST. 3. That the Mayor and Clerk be authorized to execute the required agreements. Executive Summary The Transit Services department received funding through the ICIP program in its 2019 applications for the installation of onboard mobile ticketing technology (Masabi readers). The project aligned separate mobile fare systems and technology across Niagara to provide riders with a smart alternative for payment. The project is underway and should be complete in 2023. Since that time, transit amalgamation was approved locally and transit agencies are working to provide a seamless service for the launch of the Niagara Transit Commission (NTC). Through Report TS 2019-39 dated December 10, 2019, Council was aware that regardless of the Masabi project being completed, the cash fareboxes in Niagara Falls were still the outlier technology used in Niagara and that they would require replacement for riders in our community to transfer seamlessly in an amalgamated service model in the near future. An ICIP application was discussed by staff to complete this work in the future but shortly after that the pandemic commenced. The new Niagara Transit Commission (established on May 26, 2022) will assume all transit services and Niagara Falls’ associated fleet and equipment assets as of January 1, 2023. A new project to replace all fareboxes on Niagara Falls assets and to update the building’s vaulting and associated technologies needs to be complete prior to that upload to meet our rider and Council’s expectations. Page 1 of 14 Page 647 of 1156 Staff is requesting approval of a new ICIP application to be approved at the provincial and federal levels to complete this work before January 1, 2023. This report requests Council’s approval to sole source purchase a system of fareboxes to integrate into a larger Niagara Transit Commission system effective January 1, 2023 utilizing these funds. Background In August 2019, Premier Doug Ford announced the Provincial Government’s commitment to funding their portion of the Investing in Canada Infrastructure Program (ICIP) for the Public Transit Stream. For the initial intake, fifteen (15) projects were submitted by the City and fourteen (14) received Provincial approval to be considered for Federal funding. The total costs for all of the approved projects is $18,064,200, with the City’s portion being $4,744,902. To date seven (7) projects have been initiated or completed with the remaining projects to be prioritized and managed by the NTC. As part of the Municipal Transfer Agreement between Council and the NTC, projects in flight and yet to be initiated will transfer up to the new transit Commission for their funding and execution. The fareboxes currently in use by Niagara Falls Transit Services are no longer supported by their manufacturer, have significant use issues and delay buses using staff time or impacting the public needlessly in service. They were identified in 2019 as needing to be replaced. Staff recommended the Masabi project to Council through the ICIP application process as a ‘fix’ at the time and did not apply for or fund a project to completely align or replace fareboxes to be standard across the region. Since the approval of the capital Masabi project in 2019, Council has entered into the regional amalgamation process of uploading its transit service and assets to the newly formed Niagara Transit Commission. In Operations Working Group meetings to plan for the 2023 integration of the larger conventional transit properties (Region of Niagara, Welland, St. Catharines and Niagara Falls) it became apparent that there were significant challenges to delivering a seamless service to the residents of Niagara Falls due to their existing technology onboard. This new ICIP project to replace fareboxes needs to be completed by the time the Commission assumes service on January 1, 2023. The system to is to be consistent and seamless between all conventional and paratransit transit services accelerating the improved rider experience of a common fare payment technology and assisting with the continuous movement of riders across Niagara. At their July 19, 2022 meeting, the new Niagara Transit Commission passed the following recommendations: 1. That the Niagara Transit Commission ENDORSE unifying onboard technologies including Intelligent Transportation Systems (ITS), camera and farebox equipment by transit agencies amalgamating into the new regional transit service effective January 1, 2023. Page 2 of 14 Page 648 of 1156 2. That Report NTC 8-2022 BE FORWARDED to the Clerks of the City of Niagara Falls, the City of St. Catharines, and the City of Welland for consideration in the procurement of common ITS technology systems as outlined in this report. Discussions were undertaken by transit staff with Garival, a Canadian company providing Genfare (GFI) fareboxes, to supply the same farebox that is in use now on all other Niagara systems and to leave any upgrade of the GFI system to the future NTC. Assuming all the necessary accelerated approvals and funding are achieved the proposed harmonized fare payment technology solution(s) could be ready for deployment by January 1, 2023. This ambitious timeframe includes requisite Council approvals, acquisition and installation of the preferred farebox technologies and deployment. This would represent a significant achievement in the operational integration of transit systems in Niagara. Analysis This project is integral to the successful regionalization of the transit fleets across Niagara. Each transit property being amalgamated is upgrading and/or has budgeted to replace their smart fare technologies by 2023. To ensure conformity across the new regional transit fleet to be owned and operated by the new Niagara Transit Commission established May 26, 2022, this ICIP project application and funding is being recommended. In that the vehicles currently owned by the City of Niagara Falls will spend their life - cycle within the City’s municipal boundaries, it is in Council’s interest to ensure that these assets are consistent with those outside of the City and that they integrate wholly. Operational Implications and Risk Analysis The replacement of fareboxes on the City's transit fleet may not be completed by the January 1, 2023 launch of the new NTC. If the project continues into 2023, the City's remaining transit-dedicated gas tax funding will still be required to complete this integral project. Staff from the new Commission would complete the work and initiate the technology across the system. The City's ICIP application identifying this as a new project to its funding partners could be unsuccessful. Along with submitting this application, Regional and City staff are meeting with Transit Policy Branch, Ministry of Transportation staff to possible rescope the Region's project with additional funding available in the program to see this work completed. If both efforts are unsuccessful, the NTC would have to apply for, plan and capitally fund a new farebox alignment project going into its first year. The misalignment of onboard technologies is not the preferred option to start the new system for the riders of Niagara Falls or the NTC. Financial Implications/Budget Impact Page 3 of 14 Page 649 of 1156 ICIP criteria for projects to be funded considered projects in the following areas: improved capacity of public transit infrastructure; improved quality and/or safety of existing or future transit systems; and, improved access to a public transit system. T he installation of new fareboxes onboard the conventional and specialized fleet(s) meets the above criteria. The budget of this new ICIP project application is set at $1,950,300 and would be inclusive of non-recoverable HST. The $520,145 (26.67%) City portion of this project is funded from the Provincial Transit-Dedicated Gas Tax. In addition, staff would complete procurement for fifteen (15) Niagara Region owned buses operated by the City of Niagara Falls. The value of fareboxes for those Regional buses is $365,726 inclusive of non-rebateable HST and will be funded wholly by the Region of Niagara. The Region has an existing approved ICIP project that is scoped for this type of farebox replacement to support amalgamation and their share will be recouped upon project completion. Strategic/Departmental Alignment Committed to employing a safe, accessible, convenient, integrated and fiscally responsible transportation system that provides realistic travel options to the auto, thereby, creating a City that is truly accessible to locals and visitors. Contributor(s) James Dowling, Manager of Capital Accounting List of Attachments TS-2019-39 Transit Capital Projects – Investing in Canada Infrastructure Program (ICIP) – Public Transit Stream NTC 08-2022 - Onboard Technologies and Equipment Standardization Written by: Carla Stout, Manager of Transit Submitted by: Status: Carla Stout, Manager of Transit Approved - 02 Aug 2022 Jason Burgess, CAO Approved - 03 Aug 2022 Page 4 of 14 Page 650 of 1156 TS-2019-39 December 10, 2019 REPORT TO: Mayor James M. Diodati and Members of Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Transportation Services Department SUBJECT: TS-2019-39 Transit Capital Projects – Investing in Canada Infrastructure Program (ICIP) – Public Transit Stream RECOMMENDATIONS 1. Approve the Investing in Canada Infrastructure Program (ICIP) commitment for the years 2020 and 2021 for the Transit Capital projects set out in this report, for the City’s portion totalling $4,768,372. 2. The Mayor and Clerk be authorized to execute the required agreements. EXECUTIVE SUMMARY In April 2018, the Ontario Provincial Government provided an update on a proposed transit infrastructure program. The proposed program would consider projects in the following areas: improved capacity of public transit infrastructure; improved quality and/or safety of existing or future transit systems; and, improved access to a public transit system. Based on the above criteria, City Staff have submitted fifteen (15) projects for consideration. In August 2019, Premier Doug Ford announced the Provincial Government’s commitment to funding their portion of the Investing in Canada Infrastructure Program (ICIP) for the Public Transit Stream. For the initial intake, fifteen (15) projects have been submitted by City and all received Provincial approval to be considered for Federal funding. Due to the 2019 Federal election, there has been a delay in receiving confirmation of the Federal portion of the funding contribution. It is expected that an announcement related to the Federal contribution is forthcoming. In order to proceed with the program, it will require Council’s endorsement regarding its commitment to fund the fifteen (15) projects which have been submitted by Staff. The total costs for all of the projects submitted is approximately $18,152,200, with the City’s portion being $4,768,372. Due to the complexity and duration of some of the projects, it is important to have Councils approval to proceed, then following the Federal contribution announcement, the projects can be initiated immediately. Page 5 of 14 Page 651 of 1156 2 TS-2019-39 December 10, 2019 BACKGROUND In April 2018, the Ontario Provincial Government provided an update on a proposed transit infrastructure program. The proposed program would consider projects in the following areas: improved capacity of public transit infrastructure; improved quality and/or safety of existing or future transit systems; and, improved access to a public transit system. This program would involve providing infrastructure funds to municipalities based on a formula in which the Federal Government will contribute 40 percent, the Ontario Government would contribute 33 percent and municipalities are required to contribute 27 percent towards transit related capital infrastructure programs. Federal and provincial funding is allocated based on 2015 transit ridership data collected by the Canadian Urban Transit System. The City of Niagara Falls total allocation for the next 10 years is $51,796,190 with the City’s portion being $13,814,044, if the program is fully utilized. In August 2019, Premier Doug Ford announced the Provincial Government’s commitment to funding their portion of the Investing in Canada Infrastructure Program (ICIP) for the Public Transit Stream. For the initial intake, fifteen (15) projects were submitted by the City and all received Provincial approval to be considered for Federal funding. Due to the 2019 Federal election, there has been a delay in receiving confirmation of the Federal portion of the funding contribution. It is expected that an announcement related to the Federal contribution is forthcoming. In order to proceed with the program, it will require Council’s endorsement regarding its commitment to fund the fifteen (15) projects which have been submitted by Staff. The total costs for all of the projects submitted is approximately $18,152,200, with the City’s portion being $4,768,372. Due to the complexity and duration of some of the projects, it is important to have Councils approval to proceed, then following the Federal contribution announcement, the projects can be initiated immediately. The City’s projects that have submitted to ICIP are identified in Schedule ‘A’ attached to the report. The capital projects range from the replacement of existing buses to address capacity constraints and aging infrastructure, the construction of a new downtown multimodal transportation hub and the installation of video equipment onboard buses to improve the safety and security of bus operators and passengers. Council will be required to commit to the undertaking of all projects submitted in order to receive the Federal funding commitment. Page 6 of 14 Page 652 of 1156 3 TS-2019-39 December 10, 2019 ANALYSIS/RATIONALE The program considers projects in the following areas: improved capacity of public transit infrastructure; improved quality and/or safety of existing or future transit systems; and, improved access to a public transit system. The projects have been submitted utilizing the above criteria. FINANCIAL/STAFFING/LEGAL IMPLICATIONS The City has submitted fifteen (15) projects to be undertaken with an anticipated completion by the end of 2023. The total project cost is approximately $18,152,200, with the City’s portion being $4,768,372. This requires Council’s commitment to fund these projects for the 2020 and 2021 budget years. CITY’S STRATEGIC COMMITMENT The Transit Service Improvements and Public Consultation process support the City’s Strategic Priorities to make Transit Services an environmentally and convenient choice that connects people to destinations, locally, regionally and provincially. LIST OF ATTACHMENTS Schedule ‘A’ – ICIP Transit Capital Project Listing Recommended by: Karl Dren, Director of Transportation Services Respectfully submitted: Ken Todd, Chief Administrative Officer Page 7 of 14 Page 653 of 1156 Project Name ICIP Program # Federal Allocation Provincial Allocation Municipal Allocation Total Project ($) In-Ground 3 Post Hoist (Artic Buses) - ICIP ICIP-NIF-06 198,000 164,984 132,017 495,000 2020 Bridge Street Multi-Modal Hub - ICIP ICIP-NIF-14 1,760,000 1,466,520 1,173,480 4,400,000 2020 Implementation of New Farebox System - ICIP ICIP-NIF-09 440,000 366,630 293,370 1,100,000 2020 Intermunicipal Layby Construction - Morrison St. - ICIP ICIP-NIF-13 220,000 183,315 146,685 550,000 2020 Radio/VOIP Update (CAD/AVL) - ICIP ICIP-NIF-11 352,000 293,304 234,696 880,000 2020 Refurbishment of Four (4) Conventional Transit Buses - ICIP ICIP-NIF-15 330,000 219,978 110,022 660,000 2020 Supervisor's Vehicle - ICIP ICIP-NIF-12 30,800 25,664 20,536 77,000 2020 Transmission Refurbishment of Six (6) Conventional Transit Buses - ICIP ICIP-NIF-01 34,100 22,731 11,369 68,200 2020 Replacement of Six (6) Conventional Transit Buses - ICIP ICIP-NIF-02 1,870,000 1,558,178 1,246,823 4,675,000 2021* Automotive Lift - ICIP ICIP-NIF-04 17,600 14,665 11,735 44,000 2021 Transit Bus HD Video Camera System - ICIP ICIP-NIF-05 396,000 329,967 264,033 990,000 2021 Fuel System Upgrade - ICIP ICIP-NIF-10 88,000 73,326 58,674 220,000 2021 Extension of Parking and Storage Facilities - ICIP ICIP-NIF-07 1,540,000 1,283,205 1,026,795 3,850,000 2021 Video Surveillance Equipment (Bus Terminal/HUBS)ICIP-NIF-08 22,000 18,332 14,669 55,000 2021 Tennant T20 Heavy-Duty Industrial Scrubber - ICIP ICIP-NIF-03 35,200 29,330 23,470 88,000 2021 TOTAL 7,333,700 6,050,128 4,768,372 18,152,200 * - Ordered in 2020 Start Year TS-2019-39 - Schedule 'A' - ICIP Transit Capital Project Listing Page 8 of 14Page 654 of 1156 NTC 8-2022 July 19, 2022 Page 1 Subject: Onboard Technologies and Equipment Standardization Report to: Niagara Transit Commission Board Report date: Tuesday, July 19, 2022 Recommendations 1. That the Niagara Transit Commission ENDORSE unifying onboard technologies including Intelligent Transportation Systems (ITS), camera and farebox equipment by transit agencies amalgamating into the new regional transit service effective January 1, 2023. 2. That Report NTC 8-2022 BE FORWARDED to the Clerks of the City of Niagara Falls, the City of St. Catharines, and the City of Welland for consideration in the procurement of common ITS technology systems as outlined in this report. Key Facts  The purpose of this report is to seek Niagara Transit Commission (NTC) endorsement for the alignment of conventional system on-board cameras, ITS equipment and fareboxes.  Currently, onboard technologies owned and operated by Niagara Region Transit, Niagara Falls Transit Services, St. Catharines Transit Commission (SCTC), Welland Transit and Fort Erie Transit are not aligned to the point of being able to share information or take fares in a model of having one transit service provider in Niagara.  Chief Administrative Officers and procurement agents in existing transit agencies have requested that the NTC confirm they want to proceed with one camera system, aligned ITS systems, and a standard farebox across the new service and that the systems to be procured or recommended unanimously by current transit agencies represent standardization, best value and efficiency going forward as the NTC.  NTC endorsement of this foundational principle is anticipated to be the basis upon which municipal reports to further enable alignment of equipment where single sourcing required by Niagara Region Transit, SCTC, and/or Niagara Falls, Fort Erie, and Welland Councils in 2022 will proceed.  All of these projects will be considered ‘in flight’ (per the terms of the Municipal Transfer Agreements), and are previously funded by local area municipalities (LAMs), SCTC, and Niagara Region through their individual capital budgets and/or Page 9 of 14 Page 655 of 1156 NTC 8-2022 July 19, 2022 Page 2 _____________________________________________________________________ Investing in Infrastructure Canada Program (ICIP) projects, with the exception of an additional $1.1M in forecasted capital costs required for Niagara Falls which will be applied for funding through the ICIP stream later this year. Financial Considerations There are no direct costs to the Niagara Transit Commission in endorsing this initiative. LAMs, Niagara Region, and the SCTC had budgeted to complete these projects and wish to do so prior to or in concert with the new service launch based on priority. Indirect or resulting costs may be incurred by not having systems aligned by the launch date of January 1, 2023. This is addressed further under Alternatives Reviewed. A summary of the previously approved and funded capital costs are as shown below in Table 1. Table 1 – Farebox and Camera Standardization Capital Costs Transit System Farebox Standardization Gross Capital Request Camera Systems Gross Capital Request Niagara Falls* $1,100,000 $990,000 SCTC $3,990,000 $1,450,570 Welland $78,100 $147,000 Niagara Region $1,355,750 $783,725 Total $6,523,850 $3,371,295 *Niagara Falls forecasts the need for additional capital budget of approximately $1.1M in excess of their previously approved project budget for farebox standardization. Niagara Falls city staff intend to apply for an ICIP application to fund the balance of this project sometime later this year. Staff at the agencies who are requesting this endorsement from the NTC have been acquiring quotations by vendors to meet tight timelines for installations and implementations. All expenditures would meet the budgetary constraints of their approved project funding. No incremental operating budget implications are anticipated to result from these capital investments. Page 10 of 14 Page 656 of 1156 NTC 8-2022 July 19, 2022 Page 3 _____________________________________________________________________ Analysis Farebox Alignment After January 1, 2023, one type of fare card media (pass) will be branded and sold to riders to be rolled out for the new service. The existing fareboxes on the larger conventional systems do not take consistent types of media now. If the fareboxes are not aligned there will be no way to have one pass product for the ridership or valid transfers for all systems/routes at launch. Currently there are two types of fareboxes used in Niagara by the larger systems. Niagara Falls Transit Services (NFTS) has the outlier equipment that was identified to be replaced in 2019 in a staff report to its Council. ICIP funding was applied for and received by Niagara Falls and Niagara Region to upgrade fare equipment on buses operated by NFTS. Fare technology (Masabi readers were introduced to the Linking Niagara Transit Committee in Report LNTC-C 6-2021) were purchased for the system by all transit partners. The ‘reader’ was piloted by SCTC and was bought by the partners to initiate contactless or ‘mobile’ payment across all systems (including OnDemand and paratransit services). Work on this project is still ongoing and should align that function by the end of this year. Masabi is working towards a ‘tap’ function for debit and credit as well that will fully modernize the fare payment method across the system. In looking for alternates to a farebox purchase by NFTS, staff investigated the functionality of Masabi to meet all requirements. Masabi readers could accept a single pass product but the vendor has indicated that delivery on physical passes could take up to a year and that an additional module would have to be purchased to add this function to the equipment and software. This does not meet the need or the timeline required to be fully cross-functional on the three largest systems for January 1, 2023. Also, enabling the Masabi readers to read the new one-system passes on Day 1 will not meet the need for aligning reporting on cash fares, issuing transfers to riders across Niagara, mining ridership data, allowing for secure vaulting of cash across all sites or measuring key performance indicators for the system. It is the Transit Commission Steering Committee Operations Working Group’s recommendation that using City of Niagara Falls and Niagara Region-approved (and funded) ICIP funds to complete a replacement of fareboxes on buses operated by the Page 11 of 14 Page 657 of 1156 NTC 8-2022 July 19, 2022 Page 4 _____________________________________________________________________ NFTS to the standard GFI system (sold by Garival of Laval, QC) currently on St Catharines and Welland transit, is now required if the new service is to be immediately functional and successful. It is currently anticipated the TransitFare system in place with Fort Erie Transit is compatible with the harmonized system. Technical work is ongoing to verify this assumption. Fort Erie Transit riders paying a cash fare will need to be provided paper transfers to board regional routes. In addition to the alignment of fare box technology, successful implementation requires that a harmonized fare schedule be established that brings together the currently different fare categories and levels across Niagara. Companion report NTC 7-2020 discusses a recommended strategy. Camera & ITS Systems Currently, all three conventional transit agencies have a project budget to purchase (NFTS and WT) or replace (SCTC) camera systems onboard their existing 2022 fleets. All 40’ and 60’ conventional NOVA buses purchased by all transit agencies in Niagara, through a joint procurement arrangement with Metrolinx, include a Safe Fleet (SEON) camera system as standard equipment optionally prewired by the manufacturer. Any buses ordered in 2022 for Niagara systems and/or to be purchased by the NTC under these agreements up to the end of 2023 would be equipped with a SEON system. Further, SEON is already onboard the majority of buses in the region and the software contract arrangements are already established and can be expanded. NFTS issued an RFP for camera systems earlier in 2022. Subsequent to the establishment of the NTC, the project was cancelled. Aligning camera systems across Niagara is now the focus of this project. Work is also underway to coordinate ITS Systems such as modems and support systems onboard NRT and Welland’s new OnDemand systems, as well as on support vehicles. These vehicles rely on Clever Devices (the standard ITS system across the services) for communication and monitoring. Discussions about various dispatch systems, apps for online ride booking etc. continue to be discussed as systems start to align where possible by Day 1 for launch of the new service and in the near future. Page 12 of 14 Page 658 of 1156 NTC 8-2022 July 19, 2022 Page 5 _____________________________________________________________________ The shared use and alignment of farebox technologies, ITS systems and onboard cameras by an amalgamated transit agency enhances the overall functionality of a system expected to look and feel like ‘one transit’ as of January 1, 2023. The safety and security of staff and riders, provision of real time or online route and schedule information for riders, the ability to conduct data and ridership analysis and execute ‘back of house’ operations successfully counts on sites and their fleets being able to share and access information in real time. In any model where a dispatch function is provided or on-road supervision is required, these systems being synchronous is key. Should standardization not be endorsed or achieved, the underperformance of the new service at the farebox and in operations could negatively affect the first-impression or reputation of the NTC system as an amalgamated version of prior agencies. Any lack of alignment would further constrain the ability of the NTC to gather and report on metrics such as ridership, boardings, and transfers. In an effort to mitigate risk of delay for Day 1, early discussions with Garival have ensured that delivery, installation and training on the replacement fareboxes can be accommodated in 2022, but a decision is required immediately to ensure this timeline can be met. Next Steps Should NTC endorse the recommendation to move to common technology as outlined in this report, the immediate next step would be for NFTS to request from their Council to initiate the project utilizing the City’s existing ICIP funds. Should NF Council approve this direction (based on the NTC’s position to go in this direction laid out in this report), City staff, in partnership with the Operations WG, would notify MTO of the intent to reapply for a new ICIP project to fully fund all farebox related costs at Niagara Falls, and proceed with acquisition of the new replacement Garival fareboxes. Alternatives Reviewed The Niagara Transit Commission may choose not to endorse the intended alignment of onboard technologies. The results of this misalignment on January 1 would result in a number of challenges both front-facing and back of house. Without an alignment of technologies, riders would face a number of negative impacts such as confusion over payment amounts, methods, and types (cash vs. tap cards); the inability to move to a single fare media pass, the inability for seamless transfers, Page 13 of 14 Page 659 of 1156 NTC 8-2022 July 19, 2022 Page 6 _____________________________________________________________________ potential safety and security concerns (i.e. cameras available and enabled on some buses but not others), stop announcement system limitations, and subsequent potential impacts to the supporting trip planning applications such as Goggle and/or Transit. Operationally, choosing not to proceed with aligned technology creates significant challenges to the NTC in aligning reporting on cash fares, issuing transfers to riders, mining ridership data, allowing for secure vaulting of cash, measuring key performance indicators, potential for non-compliant health and safety policy (i.e. cameras available on some fleet but not others), as well as potential for scheduling and route planning errors, incompatibility of fare processing, and undetermined but inevitable financial impacts required to patchwork the different systems together. Other Pertinent Reports LNTC-C 6-2021 Common Transit Fare Technology Solution NTC 7-2022 Harmonization of Transit Fares ________________________________ Prepared by: Eric Gillespie Chair, Operations Working Group Transit Commission Steering Committee _______________________________ Recommended by: Bruce Zvaniga, P.Eng. Chair, Transit Commission Steering Committee _______________________________ Submitted by: Ron Tripp, P.Eng. Chief Administrative Officer, Niagara Region Niagara Transit Commission Board Member – Ex-Officio This report was prepared by the Transit Commission Steering Committee, which is chaired by Chaired by the Commissioner of Public Works and is comprised of extensive senior Regional staff (Commissioner and Director levels). Page 14 of 14 Page 660 of 1156 L-2022-06 Report Report to: Mayor and Council Date: August 9, 2022 Title: Staff Request for Two (2) Special Council Meetings Recommendation(s) 1. That Council receive this report for information purposes. Executive Summary Staff requests that two (2) special meetings of Council take place after August 9, 2022 but before September 18, 2022. The by-laws anticipated to be passed at these meetings will enable the City to implement and collect on growth funding mechanisms available under the Planning Act, to take advantage of the opportunities presented in the community, and to comply with the limitations and deadlines provided in the Planning Act for doing so. 1. The first special council meeting will be to pass a zoning by-law amendment under the section 37 bonusing regime with respect to the property municipally known as 6880 Stanley Avenue, Niagara Falls, Ontario. 2. The second special council meeting will be to pass a by-law on the new section 37 regime under the Planning Act. Background The City presently collects funding through bonusing for increased height/density (the “section 37 density bonusing regime”). The City has been permitted to collect th is via the Planning Act; however that section of the Planning Act will expire on September 18, 2022. It will be replaced by a new section 37, being Community Benefits Charges, which are levied on certain residential developments and capped at 4% of the app raised value of the land. A detailed discussion of this new regime will not be conducted in this report as it was already addressed at the Council meeting of July 12, 2022. Given the limitations in the Planning Act, the City is restricted in terms of when it can bring by-laws related to both the old and new section 37 regimes. Any by-laws relating to the old regimes must be passed on a day before a by-law relating to the new regime. Also, both types of by-laws must be passed before September 18, 2022. Given that there is a legal rationale for this sequencing, more details on this can be found in the Legal Implications section of this report, further below. Analysis Page 1 of 3 Page 661 of 1156 See below. Operational Implications and Risk Analysis See below. Financial Implications/Budget Impact The legal rationale for the two additional special meetings is found in the provisions of the Planning Act. The potential zoning by-law amendment with respect to the property at 6880 Stanley Avenue, Niagara Falls, cannot be passed on the scheduled meeting date of August 9, 2022. This is because a public meeting with respect to that matter is taking place on August 9, 2022. Pursuant to section 34 of the Planning Act, the public meeting must take place in advance of the zoning by-law amendment. Staff will take the information and feedback from the public meeting to prepare the supporting material necessary for any agreement with respect to section 37 bonusing as well as the related zoning by-law amendment. In addition, a by-law putting in place Community Benefit Charges (the new section 37 regime) cannot be passed on the same day as a zoning by-law amendment pertaining to the old section 37 regime. This is a requirement of section 37.1 of the Planning Act, which confirms the validity of by-laws passed under the old section 37 regime as long as they are read on the day before the applicable date that the community benefits charges by-law is passed. This effectively means that we are statute-bound to pass old section 37 by-laws on a day before we pass the new section 37 (community benefits charges) by-law to ensure the validity and applicability of the old section 37 by-laws. In addition, in order to have a CBC by-law, it must be passed before September 18, 2022 (which marks the end of the two-year transitional period of the Section 37 changes brought about by Bill 197). If such a by-law is not passed by that timeline, the City would lose the opportunity to collect funding through this mechanism. Due to the changes in the Planning Act, the City would no longer be able to collect based on the old section 37 density bonusing regime either as of September 18, 2022. This is why the timing of these meetings and the fact that they take place before September 18, 2022 is important. Having two additional special meetings will have Staff resource implications. However, the resources spent in this regard would be justified and limited, considering that: 1. The special meetings would be limited in scope and matter to their particular topics; and 2. Securing the by-laws referred to in each meeting, if it happens, would secure significant funding for the City to invest in its future growth and communities in the years to come. Page 2 of 3 Page 662 of 1156 Strategic/Departmental Alignment The recommendations align with the following strategic priorities of the City: Vibrant and Diverse Economy; Diverse and Affordable Housing; and Responsible and Transparent Financial Management. Contributor(s) Written by: Nidhi Punyarthi, City Solicitor Submitted by: Status: Nidhi Punyarthi, City Solicitor Approved - 03 Aug 2022 Jason Burgess, CAO Approved - 04 Aug 2022 Page 3 of 3 Page 663 of 1156 CLK-2022-14 Report Report to: Mayor and Council Date: August 9, 2022 Title: Request for Free Bus Fare for Eligible Electors for Advanced Voting Dates and Election Day for the October 2022 (Municipal and School Board Election) Recommendation(s) THAT City of Niagara Falls Council approve free bus fare on Niagara Falls Transit Services to eligible electors who present their Voter Notification Cards on the schedule Advance Poll dates (October 1, 2, 7, 8, 14,15, 16, 2022) and Election Day (October 24, 2022). Executive Summary To ensure accessibility for electors on throughout the election process, the Clerks Department is asking that City Council allow patrons interested in voting the opportunity to show their Voter Notification Card in lieu of payment to travel to their local polling location. Background During past elections, the City of Niagara Falls has waived fees for electors requiring public transportation to cast their ballot on Election Day. However, this election the Clerks Department would like to increase accessibility to include the Advance Poll dates of: • Saturday, October 1, 2022 • Sunday, October 2, 2022 • Friday, October 7, 2022 • Saturday, October 8, 2022 • Friday, October 14, 2022 • Saturday, October 16, 2022 • Sunday, October 16, 2022 Eligible electors should receive a Voter Notification Card in September. This card will provide them information regarding when and where to vote in addition to other important election related information. By showing this Voter Notification Card electors will have the opportunity to ride the bus to and from their polling location in an effort to encourage voter participation. Financial Implications/Budget Impact Page 1 of 2 Page 664 of 1156 Revenue will be lost, however, it is difficult to determine an exact dollar figure p rior to the advanced poll dates and day of the election. Contributor(s) Carla Stout, General Manager of Transit Services Written by: Margaret Corbett, FOI, Records & Elections Officer Submitted by: Status: Bill Matson, City Clerk Approved - 03 Aug 2022 Jason Burgess, CAO Approved - 04 Aug 2022 Page 2 of 2 Page 665 of 1156 PBD-2022-48 Report Report to: Mayor and Council Date: August 9, 2022 Title: Request for Council Resolution for A Minister's Zoning Order - 8656 Mountain Road and Lands on the South-West Corner of Mountain Road and Kalar Road Recommendation(s) That City Council support the requested Minister's Zoning Order (MZO) subject to the following conditions: 1. That the lands proposed for the golf course, inn and resort and vineyard at the south-east corner of Mountain Road and Kalar Road be zoned site-specific Agriculture (A-XXXX), the balance of the golf course be zoned site specific Agriculture (A-XXYY), and lands with natural heritage features and associated buffers be zoned site specific Environmental Protection Area (EPA-XXXY). 2. That the MZO contain conditions requiring the following studies, prior to development or site alteration: a. An Agricultural Impact Study; b. An Environmental Impact Study; c. A Municipal Servicing Study; d. A Transportation Impact Study; and e. An Archaeological Study. 3. That the MZO contain a condition allowing consideration of connecting the development into municipal infrastructure provided there is available servicing capacity beyond servicing requirements within the City’s Urban Area Boundar y until 2051, as identified in a municipal wide Master Servicing Plan. 4. That the MZO contain the other regulations outlined in this report. 5. That the Minister of Municipal Affairs be requested to add a further condition, requiring the applicant enter into a site plan agreement and/or development agreement that shall, among other matters, require the developer to obtain all approvals from the City, Region and Ministry of the Environment, Conservation and Parks for either private servicing or extension of m unicipal services at the applicant’s cost. Page 1 of 20 Page 666 of 1156 6. That the City review in detail the draft by-law before submitting the final requested by-law to the Minister. Executive Summary On Council’s agenda is a letter from IBI Group dated March 15, 2022, requesting t hat Council support their request for a Minister’s Zoning Order for lands on the south side of Mountain Road, between Kalar Road and Garner Road. The request is to permit these lands to be used for a golf course, a resort including a hotel with 50 rooms and 24 villas, restaurant, spa facilities, assembly hall and a vineyard that may include a winery. Natural features on the property, including woodlands, locally significant wetlands and watercourses, are to be retained and protected. The lands are designated Good General Agriculture, in part, Environmental Conservation Area, in part, and Environmental Protection Area, in part, by the Official Plan, and are zoned Agriculture (A) and Hazard Lands (HL) in accordance with By-law No. 79-200. The designation and zoning do not permit the proposed development. Nevertheless, a Minister’s Zoning Order (MZO) is a tool that can be used by the Minister of Municipal Affairs to permit a development. Such an MZO does not need to conform to the City’s or the Region’s Official Plan. The proposal put forth by IBI Group can be supported, provided the following studies are submitted to the satisfaction of the City and affected agencies: - Agricultural Impact Study; - Archeological Assessment(s); - Transportation Impact Study; - Environmental Impact Study; and - Functional Servicing Study; Completion of these studies prior to development and site alteration will assist in addressing the City’s Official Plan policies allowing consideration of these uses in agricultural areas. Background The subject lands are on the south side of Mountain Roa d, between Kalar Road and Garner Road, as shown on Schedule 1. The lands are designated Good General Agriculture, in part, Environmental Conservation Area, in part, and Environmental Protection Area, in part, by the City’s Official Plan and are zoned Agriculture, in part, and Hazard Land, in part, by the City’s Zoning By-law No. 79-200. The applicant has requested Council pass a resolution to support their request for a Minister’s Zoning Order (MZO) under Section 47 of the Planning Act. The applicant is requesting the Minister of Municipal Affairs to enact an order that would permit the land to be used for a golf course and resort and inn. The proposed is detailed as follows: Page 2 of 20 Page 667 of 1156 - An 18-hole golf course - A resort including an inn (hotel) with up to 50 hotel rooms and 24 villas, spa, assembly room and restaurant(s) café(s) and retail store(s) - A vineyard - Preservation of woodlands on site with a 30 metre buffer The lands are outside of the City’s urban area and neither the Official Plan or Zoning By- law permit the proposed golf course or resort. Nevertheless, adoption of a MZO by the Minister will supersede these policies and regulations. This report outlines the controls the Minister should consider incorporating in the MZO to address City and Regional concerns. The applicant is also proposing uses on the north side of Mountain Road, east of Garner Road, including a vineyard, winery and equestrian centre. Although these facilities are intended to operate with the proposed golf course and resort, these facilities are on lands that are within the Provincial Greenfield Area and subject to the regulations of the Niagara Escarpment Commission (NEC). As such, the Planning Act does not permit a MZO for such lands and a permit from the NEC will be required. City matters for these facilities will be dealt with when the permit application is circulated to the City for comment. The MZO process does not include a notice or a hearing prior to the making of an order but the Minister shall give notice of the order within thirty days in a manner that is considered proper by the Minister. Analysis The majority of the lands are designated Good General Agriculture. Provincial Policy Statement, the Growth Plan for the Greater Golden Horseshoe and the City’s Official Plan have policies addressing development on agricultural lands as follows: - The PPS promotes recreation, tourist and other economic opportunities on rural lands however the PPS and Growth Plan state that prime agricultural areas are intended for agriculture use; - Nevertheless, the PPS states limited non-residential uses can be considered in prime agricultural lands, provided there is an identified need for the use and there are no reasonable alternative locations for the use; - The Growth Plan further states that rural land uses that are not appropriate in settlement areas may be considered if they do not adversely affect the protection of agricultural areas. - The City’s Official Plan permits, through amendment to the Plan, the removal of land from the Good General Agriculture designation where it has been demonstrated the use cannot be accommodated in another designation, and Page 3 of 20 Page 668 of 1156 where the need for the use, financial impact to the City, poor soil capability, impacts on the abutting properties and natural areas has been satisfactorily evaluated; and - Provincial and City policies seek to protect aggregate resources for possible future extraction. An aggregate resource area has been identified on the southern portion of the land. Typically, a proposal of this nature would be subject to an Official Plan Amendment with agency and public consultation. In an MZO the Minister is not required to apply Provincial policies (except the Greenbelt Plan) or Official Plan policies. Nevertheles s, these before considered be that should use land identify documents issues development, should the Minister approve the MZO. The applicant has submitted a planning brief which notes the following: - Although the majority of the site will be occupied by a golf course and resort, a portion of the property will be retained for a vineyard and will provide agri- tourism facilities; - While not a specialty crop area (which is given the highest priority for protection), much of the land is considered prime agricultural land (Class 2 and Class 3 with some limitations that may reduce the choice of crops or require special conservation recommended an planner has The practices). applicant’s Agricultural Impact Assessment be completed prior to development ; - The applicant’s planner has also indicated that an Archaeological Assessment be completed, as the land is shown to have archaeological potential; and - indicated subject be should land the also to has applicant The that a Transportation Impact Assessment which would identify any roadway or access improvements needed to accommodate the development. The policies seek to retain high quality agricultural land, wherever possible, however these are balanced off with the intent to provide tourism and recreational opportunities in rural areas. Staff note that there are already several golf courses located the City’s Good General Agriculture designation, and there is a precedent with locating this type of use in proximity to agricultural uses. There should be confirmation that the lands are not essential for agricultural uses prior to development, nor that they conflict with nearby agricultural uses. Prior to development or site alteration it should be confirmed that there are no archaeological resources, therefore it should be a condition of the MZO that the required archaeological study(ies) be submitted to the satisfaction of the Minister of Tourism, Culture and Sport (MTCS). Page 4 of 20 Page 669 of 1156 The aggregate resources are located in areas that are wooded or are proposed to be used as fairways. These areas are not intended to be encumbered by buildings or structures that would impede their potential for future extraction. Recommended regulations would restrict buildings to the north part of the site. Planning staff agree that, should the Minister approve the MZO, the development should be subject to subject to the above noted studies, to the satisfaction of relevant agencies. Recommendation: 1. That the MZO contain conditions requiring the following before development: o An Agricultural Impact Study which shall evaluate the capability of the site for agricultural use including soil, microclimate and drainage conditions, and any potential impacts on surrounding agricultural activities. o Submission of an Archeological Assessment(s). o Submission of a Transportation Study to the satisfaction of the City and Region; o Submission of a Functional Servicing Study, as discussed below 2. That the MZO prohibit buildings and structures, other than fairway structures associated with the golf course, within the aggregate resource area. Natural Heritage Features A portion of the land is occupied by woodlands, locally significant wetlands (LSW) and a watercourse. Most of these natural heritage features are designated Environmental Conservation Area (ECA) by the City’s Official Plan. A very small portion of the watercourse near Garner Road is designated Environmental Protection Area (EPA). Both designations include a 15 to 30 metre buffer around the feature. While the woodlands and locally significant wetlands are shown on the preliminary concept to be retained, it appears that there some fairways cross the watercourse. An Environmental Impact Study has been prepared by the applicant’s consultant; however, this study has not been circulated to the City. However, the applicant’s Planning Justification Report advises that this study recommends that the woodlands and LSWs be protected by a 30-metre naturalized buffer. The work also identifies the watercourse and recommends this watercourse be protected by a 10 -metre buffer. Staff recommend that the MZO place these natural features and associated buffers under an Environmental Protection Area zone. Schedule 2 illustrates a raft zoning schedule Page 5 of 20 Page 670 of 1156 which has been based on natural features mapping created by the Niagara Peninsula Conservation Authority (NPCA). This mapping schematically shows a 30 -metre buffer around the woodlands and LSWs. As the Official Plan identifies a 15 to 30 metre buffer around watercourse, however draft wording in the MZO states the exact boundary will be determined through an Environmental Impact Study. Wording in the draft EPA zone would also permit walkways and associated bridges in the EPA zone, subject to any permits needed from the Niagara Peninsula Conservation Authority (NPCA), to allow access to the fairways. Recommendation: 1. That the MZO contain conditions requiring the following before development or site alteration: o Submission of an Environmental Impact Study. 2. That natural features and buffers be zoned a site specific Environmental Protection Area zone (EPA). Servicing The property is not currently serviced. The Regional Official Plan and City’s Official Plan do not permit extension of municipal services except where necessary to correct an existing health problem. The applicant’s Planning Brief recommends municipal se rvices be extended where they exist (along Kalar Road south of the lands or along Mountain Road east of the QEW). It is noted that the lands east of the subject lands, south of Mountain Road have been identified in the new Regional Official Plan as an urban expansion area. Should this document come into effect, Official Plan updates and secondary plan will be required to incorporate this are into the City’s urban area and determine, among other planning matters, how the land is to be serviced. Through this process services would be brought close to the subject lands. The Regional and City Official Plans do not permit the lands to be municipally serviced, however a MZO does not need to conform to these policies. The proposal may be serviced partially or on an interim basis through private services if necessary Regional and Provincial approvals are granted . However, if the development is to use municipal services there should be sufficient servicing capacity beyond what is needed to service the City’s anticipated urban growth until 2051, including future expansion areas identified under the Region’s new Official Plan. for urban areas. To address this, the draft MZO includes a clause to this effect. Regional permits would be required for private servi cing if the development is intended to proceed partially or fully in advance of this date. To protect the City’s interests, should the MZO be approved by the Minister, the following conditions are recommended: Page 6 of 20 Page 671 of 1156 Recommendation: 1. That the MZO contain a condition requiring the submission of a Municipal Servicing Study, before development, to identify how the site is to be serviced: 2. That the MZO contain a condition allowing consideration of connecting the development into municipal infrastructure provided there is available servicing capacity beyond servicing requirements within the City’s Urban Area Boundary until 2051, as identified in a municipal wide Master Servicing Plan. 3. That the Minister of Municipal Affairs be requested to add a further condition, requiring the applicant enter into a site plan agreement and/or development agreement that shall, among other matters, require the developer to obtain all approvals from the City, Region and Ministry of the Environment, Conservati on and Parks for either private servicing or extension of municipal services. The applicant shall be responsible for any costs to extend and/or oversize the services. Requested Zoning The property is mainly zoned Agriculture (A), under By -law No. 79-200. A small portion of the watercourse, near Garner Road, is zoned Hazard Lands (HL). If approved by the Minister an MZO would act like a zoning bylaw, guiding development through a list of permitted uses and regulations. The applicant has prepared a dra ft MZO, which would have the effect of a stand-alone zoning by-law. To implement the proposed development, staff recommend the golf course, resort and winery located on lands owned by the applicant be zoned a site -specific Agricultural Zone. Staff recommend the lands being leased (west half of the property, as well as the aggregate resource areas south of the watercourse be zoned a second site specific Agricultural (A) zone that would permit a golf course and fairway shelters, but would not allow extensive structures that may encumber these other lands, should a lease expire or should aggregate mining be pursued The departures requested from the standard A regulations and regulations in By-law No. 79-200 by the Planning Consultant, along with the recommended regulations are summarized in the following table: Proposed Zoning for Northern Portion ZONE REGULATION EXISTING REGULATION REQUESTED REGULATION RECOMMENDED REGULATION Permitted uses In accordance with Section 12.1 To add: Café Per requested regulation Page 7 of 20 Page 672 of 1156 Proposed Zoning for Northern Portion (Agriculture, forestry, riding stable, accessory buildings including a detached dwelling) Conservation Use Estate Winery Farm Winery Hotel Place of Assembly Recreational Use Restaurant School, Commercial Technical or Recreational Spa Minimum lot area 16 hectares 40 hectares Per requested regulation Minimum side yard width (interior/exterior) 10 metres 3 metres 10 metres Maximum lot coverage Not specified 30 % 10% Maximum building height Not specified 18 metres Per requested regulation Minimum number of parking spaces (i) For a golf course (ii) For a place of assembly (iii) Restaurant or café (iv) For a school, commercial, technical or recreational None 1 space per 5 persons occupancy 1 space per 5 seats 1 space per teaching staff plus 1 additional space for each 2 employees 4 spaces per hole 1 space for every 100 square metres of gross floor area 1 space per 10 seats 1 space per teaching staff plus 5 spaces for each classroom Per requested regulations, except a place of assembly should remain per current regulation Page 8 of 20 Page 673 of 1156 Proposed Zoning for Northern Portion Maximum number of rooms/villas in a hotel None specified Max 50 hotel rooms and 24 villas (proposed) Per requested regulation Maximum floor area of accessory uses Not specified Not specified 1200 square metres Setback from a natural area Not specified 30 metres Recommend natural areas and buffers be mapped and zoned EPA The following departures can be supported: - - The requested café, place of assembly, recreation uses, restaurant, and retail stores are uses associated with a golf course and resort development and will permit the proposed development; - - Although the applicant has requested an Inn as a permitted use, this use closely resembles a hotel. It is recommended the definition of a hotel be site specifically amended to permit the use in one or more buildings to accommodate their concept. - The proposed regulations control the size of the hotel to smaller accommodation and the accessory floor space to a size that is similar to estate wineries in Niagara on the Lake - - The hotel is proposed to include villas (4 bedroom units with kitchens). Herse are to be an integral part of and run by the hotel and are not vacation rental units that are individually licensed and rented out by property owners. The definitions included in the MZO address this; - - The requested farm winery and estate winery are uses related to the vineyard proposed on site and are associated with agri-tourism. The proposed technical school is intended to provide training on viticulture and possibly recreational uses such as horseback riding; - - Given there is no building height restrictions in the A zone to accommodate barns and silos, establishing a maximum building height of 18 metres to accommodate a hotel is acceptable: and - - The requested regulations for parking will accommodate the proposed uses. The following departures are not supported - The addition of a conservation use and a setback from a natural area should be addressed by placing natural features and buffers under an Environmental Protection Area. - A lot coverage of 30% would permit a very large scale commercial development that has not been evaluated. Staff recommend that buildings and structures be limited to a lot coverage of 10%, similar to the limitation in the Open Space (OS) zone. Page 9 of 20 Page 674 of 1156 - A side yard setback of 3 metres would allow a building or structure in close proximity to a road. This setback should remain at 10 metres to maintain compatibility with the agricultural area. As stated above it is recommended the balance of the lands out outside of natural heritage features (south and west portions) be zoned a different site specific A zone. This zone would add a golf course as a permitted use and limit buildings and structures to fairway shelters. Agricultural uses such as vineyards would continue to be permitted. The natural heritage features (woodlands, creek and locally significant wetlands) are proposed to be rezoned Environmental Protection Area. The EPA zone shown on Schedule the around metre 30 a illustrates B buffer (as LSWs and woodlands recommended in the applicant’s planning brief) and 15 to 30 metres around the watercourse. However, to ensure natural features are properly mapped and protected, a regulation is recommended to the site specific EPA zone that would st ipulate the EPA boundary will be determined through a satisfactory Environmental Impact Study without further amendment to the zone. A site specific regulation should be added to allow footpaths and associated bridges in the EPA zone to accommodate golf p aths. Operational Implications and Risk Analysis Connection to municipal services should only be done if it is demonstrated that there is sufficient capacity to address future needs within the urban area. There are no operational implications with the requested MZO. Financial Implications/Budget Impact The cost of extension of Municipal servicing or oversizing of services to service the development should be borne by the applicant and will require a development agreement. There are no other financial implications associated with the proposed Minister's Zoning Order. Strategic/Departmental Alignment The proposed request for a MZO supports the Council's strategic vision to promote a vibrant and diverse economy. Contributor(s) Andrew Bryce, Manager of Current Planning Kira Dolch, Director of Planning, Building & Development List of Attachments Location Map - Portrait Schedule 1 AM-2022-013 IBI Group Letter AM-2022-013 - MZO Mountain Rd Golf Course & Resort) Page 10 of 20 Page 675 of 1156 Written by: Andrew Bryce, Manager, Current Planning Submitted by: Status: Andrew Bryce, Manager, Current Planning Approved - 03 Aug 2022 Jason Burgess, CAO Approved - 04 Aug 2022 Page 11 of 20 Page 676 of 1156 Location Map Print Date:© City of Niagara Falls 6/27/2022 This data is provided "as is" and the City of Niagara Falls (the City) makes no representations or warranties, expressed or implied, as to the accuracy or completeness of the data. The maps and drawings contained herein are intended for general layout purposes only and shall not be considered as official plans or drawings. For further information, please contact the City. The City shall not be held liable for special, incidental, consequential or indirect damages arising from the use of this data. Users assume all risks in using this data. No part of these digital images, or information, or hardcopies made from them may be reproduced and/or distributed without this disclaimer. Page 12 of 20 Page 677 of 1156 Cathe d r a l Dr Westmins t er DrGarnerRdKalarRdA A EPA EPA EPA A QEW Mont r o s e Rd Mountain Rd SCHEDULE 1 TO BY-LAW NO. 2022- Subject Lands: Amending Zoning By-law No. 79-200 Applicant: Assessment #: K:\GIS_Requests\2022\Schedule\Zoning\013\AM-2022-013.aprx Hospitality Resorts Inc. 272510000408300; 272510000408310 AM-2022-013 ¹ 7/14/2022 Description:PT LOTS 28, 33, 47, 59R12213 PT 02; 59R12301 PT 03, 06, PT PTS 01, 07 xxyy NTS xxyy xxxx xxxy xxxy xxxy Page 13 of 20 Page 678 of 1156 I"-""_I IBI I_:..| IBI GROUP 200 East Wing—36O James Street North Hamilton ON L8L 1H5 Canada tel 905 546 1010 ibigroup.com March 15,2022 Mayor Diodati and Members of Council City of Niagara Falls 4310 Queen Street,ON L2E 6X5 Dear Mayor Diodati and Members of Council: HOSPITALITY RESORTS |NC.,M|N|STER'S ZONING ORDER RESOLUTION REQUEST Hospitality Resorts Inc.is a company located in Niagara Falls that is part of the Traveler Accommodation industry.They own the Hilton Niagara Falls,which is a full-service hotel directly connected to the Fallsview Casino Resort.Hospitality Resorts inc.is pursuing a new world class recreational facility and tourist destination within the rural area of Niagara Falls where guests can be transported by a shuttle bus from their existing tourist facilities in downtown Niagara Falls. On behalf of Hospitality Resorts lnc.,please accept this letter as a formal request for the consideration of a Council resolution supporting an Ontario Minister's Zoning Order ("MZO”)to permit the proposed development.The request pertains to certain lands in the City of Niagara Falls in the Regional Municipality of Niagara.These lands are municipaily known as 0 &8656 Mountain Road (the "subject lands’').The subject lands are uniquely located within the rural area, along three arterial roads,approximately 500 metres west of a Queen Elizabeth Way (“QEW”) interchange,1.5 kilometres north of the existing urban area,adjacent to a potential urban boundary expansion area,and approximately 1 kilometre south of the Bruce Trail. Hospitality Resorts inc.is proposing to develop the subject lands and adjacent lands to the north with a world class recreational facility and tourist destination.The subject lands are proposed to comprise an open space recreational use (18 holes of golf,driving range,etc.),an agricultural vineyard,and an inn and spa facility.The inn and spa facility are proposed to comprise a mix and range of suit options,recreational amenities (i.e.spa and lounge pool),restaurant,and accessory structures (i.e.barn). This proposal is planned to be well-integrated within the rural area through an effective use of rural design principles,simultaneously taking advantage of proximity to the urban area.Further,this proposal supports a broad range of Provincial and local economic development policies and tourism initiatives.The MZO would establish the proposed land use permissions and permit an extension of municipal water and sanitary infrastructure to service the proposed development. A MZO is the preferred approval method for financing purposes,as it would expedite development facilitate construction within a year and accelerate economic recovery from the COVID-19pandemicfortheCityofNiagaraFalls,the Region of Niagara,and the Province of Ontario.TheproposedMZOisalsotimelygiventheproposedurbanboundaryexpansioninthenorthwestquadrantoftheCityofNiagaraFallsaspartoftheRegionalOfficialPlanUpdate.The MZO wouldallowtheprojecttomoveforwardexpeditiouslybutwillstillrequireCouncil's approval of a detailedMasterDevelopmentPlanthatissupportedbyabroadrangeoftechnicalstudies.IBIGroup Professional Services (Canada)Inc.is a member of the |Bl Group of companiesPage 14 of 20Page 679 of 1156 IBI GROUP Mayor Diodati and Members of Council —March 15,2022 As noted above,IBI Group respectfully requests Council’s favourable consideration for a resolution supporting a Minister's Zoning Order on behalf of Hospitality Resorts Inc. Respectfully Submitted, IBI Group \ ia Redfearn,MCIP,RPP Jo n riens,MCIP,RPP P anner As late Director |Practice Lead,Planning Page 15 of 20Page 680 of 1156 CITY OF NIAGARA FALLS By-law No. 2022- XX A by-law passed under Section 47 of the Planning Act, to amend By-law No. 79-200, to rezone lands on the south side of Mountain Road, between Garner Road and Kalar Road, to establish regulations for open space recreation, vineyards, and a resort including, but not limited to, a hotel and spa facility (AM-2022-013). THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The Lands that are the subject of and affected by the provisions of this by-law are described in Schedule 1 of this by-law and shall be referred to in this by-law as the “Lands”. Schedule 1 is a part of this by-law. 2. The Lands shall be identified as three parcels, known as Parcel A-XXXX, Parcel A-XXYY and Parcel EPA-XXXY. 3. The purpose of this by-law is to amend the provisions of By-law No. 79-200, to permit the use of the Lands in a manner that would otherwise be prohibited by that by-law. In the case of any conflict between a specific provision of this by-law and any existing provision of By-law No. 79-200, the provisions of this by-law are to prevail. 4. Notwithstanding any provision of By-law No. 79-200 to the contrary, the following uses and regulations shall be the permitted uses and regulations governing the permitted uses on and of the Lands. 5. The permitted uses on Parcel A-XXXX shall be: (a) The uses permitted in the A zone (b) Café (c) Estate Winery (d) Farm Winery (e) Golf Course (f) Hotel (g) Assembly Hall (h) Recreational Uses (i) Restaurant Page 16 of 20 Page 681 of 1156 2 (j) Retail Store (k) School, Commercial, Technical or Recreational (l) Spa (m) Uses, buildings and structures that are accessory to the uses set out in clauses (b) to (l) inclusive 6. The permitted uses on Parcel A-XXYY shall be: (a) The uses permitted in the A zone (b) Golf Course, including any associated fairway structures 7. The permitted uses on Parcel EPA-XXXY shall be. (a) The uses permitted in the EPA zone (b) Walkways and associated bridges 8. The regulations governing the permitted uses on Parcel A-XXXX shall be: (a)Minimum lot area 40 hectares for Parcel A- XXXX and Parcel A-XXYY combined (b)Maximum lot coverage 10% of the lot area of Parcel A-XXXX (c)Minimum lot area devoted to a vineyard 6 hectares for Parcel A-XXXX and Parcel A-XXYY combined (d)Maximum height of a building or structure 18 metres (e)Maximum number of hotel rooms, not including villas 50 (f)Maximum number of villas 24 (g)Maximum combined floor area of any ancillary use to a hotel or estate winery, including restaurants, dining rooms, cafes, hospitality rooms, assembly halls and retail stores 1200 square metres (h)Minimum number of parking spaces: (i) For a Golf Course 4 parking spaces for each Page 17 of 20 Page 682 of 1156 3 (ii) For a Restaurant (iii) For a Café (iv) For a School, Commercial, Technical or Recreational (v) For a villa (vi) For all other uses hole 1 parking space for every 10 seats 1 parking space for every 10 seats 1 parking space for each teaching staff member, plus 5 spaces per classroom/ laboratory In accordance with the requirements for a hotel In accordance with Table 1 of Section 4.19.1 of By-law No. 79-200 (i) The balance of regulations specified for an A use 9. T h e r e g ulations governing the permitted uses on Parcel A-XXYY shall be. (b) The balance of regulations specified for an A use. 10. T h e r e g u l a t i ons governing the permitted uses on Parcel EPA-XXXY shall be. (b) The balance of regulations specified for an EPA use. (a)Minimum lot area 40 hectares for Parcel A- XXXX and Parcel A-XXYY combined (a)Lot boundary interpretation Notwithstanding the zone boundaries shown in Schedule 1, the location of the boundary of the EPA- XXXY zone shall be refined through an Environmental Impact Study, without further amendment to this by-law Page 18 of 20 Page 683 of 1156 4 11. No Person shall erect or use any building or structure or remove or place fill or remove vegetation from any woodland or regulated floodplain until the following studies have been reviewed and approved: (a) Completion of an Agricultural Impact Study, to determine if agricultural lands are essential for agricultural use and to determine any potential impacts on surrounding agricultural activities; (b) Completion of an Archaeological Assessment(s); (c) Completion of a Transportation Impact Study; (d) Completion of an Environmental Impact Study; and (e) Completion of a Functional Servicing Study, to determine how the property is to be serviced, with any necessary confirmation of capacity and infrastructure improvements at the applicant’s cost. 12. Any recommended measures in studies completed under Section 11 shall be incorporated into an agreement executed under 41(7) of the Planning Act, R.S.O. 1990, or a development agreement. 13. Development on these lands may connect to existing municipal sanitary sewer and water infrastructure subject to available servicing capacity beyond servicing requirements within the City’s Urban Area Boundary until 2051 as identified in a municipal wide Master Servicing Plan. 14. Development on Parcel A-XXXX may be operated in conjunction with facilities that may be developed on the north side of Mountain Road, should a permit from the Niagara Escarpment Commission be issued. 15. For the purpose of this by-law: “CAFÉ” means a commercial establishment with fifteen (15) or less seats that primarily serves beverages that are non-alcoholic to the general public and may include ancillary retailing of prepared light snack foods such as pastries, muffins, desserts, fruit, yogurt, confectionery items, and baked goods. Excludes restaurant. “ESTATE WINERY” means an agriculturally related use on an established vineyard and/or fruit farm for the processing of fruit, fermentation, production bottling, aging and storage of wine and wine related products. An estate winery may also include the following ancillary uses, a wine retail area, hospitality rooms, outdoor patio and an office. “FARM WINERY” means a farm on which buildings and structures are used for the making of wines from fruit grown exclusively on site. “HOTEL” means a commercial building or group of buildings providing temporary accommodation for travelers or transients on a year round basis Page 19 of 20 Page 684 of 1156 5 and may include a restaurant and meeting rooms and may include villas, SCHOOL, COMMERCIAL, TECHNICAL OR RECREATIONAL” means a school operated by an individual or company for gain or profit, providing instruction in a specific trade, skill or service, including, but not limited to, viticulture and horseback riding. Excludes a post-secondary institution or a school. “SPA” means a commercial establishment that offers health and beauty treatment though such means as baths, exercise instruments, and other personal service uses. “VILLA” means a self-contained unit that may include a kitchen, sanitary facilities and up to 4 bedrooms, intended to form part of and operated in conjunction by a hotel and shall not include a vacation rental unit 16. All other applicable regulations set out in By-law No. 79-200 shall continue to apply to govern the permitted uses on the Lands, with all necessary changes in detail. 17. No person shall use the Lands for a use that is not a permitted use. 18. No person shall use the Lands in a manner that is contrary to the regulations. 19. The provisions of this by-law shall be shown on Sheets A2 and B2 of Schedule “A” of By-law No. 79-200 by redesignating the Lands from A, to A and numbered XXXX, in part, A and numbered XXYY, in part and EPA and numbered XXXY, in part. 20. Section 19 of By-law No. 79-200 is amended by adding thereto: 19.1.xxxx Refer to By-law No. 2022-___. 19.1.xxyy Refer to By-law No. 2022-____ 19.1.xxxy Refer to By-law No. 2022-____ S:\ZONING\AMS\2022\AM-2022-013 Minister's Zoning Order (Mountain Road Golf Course & Resort)\AM-2022-013 - MZO Mountain Rd Golf Course & Resort).docx Page 20 of 20 Page 685 of 1156 MZO Request: Mountain Road Golf Course & Resort Development Niagara Falls City Council IBI GROUP Julia Redfearn MCIP, RPP John Ariens MCIP, RPP August 9, 2022Page 686 of 1156 Hospitality Resorts Inc. Mountain Road Golf Course & Resort, Niagara Falls August 9, 2022 CITY OF NIAGARA FALLS IBI GROUP Subject Lands 2Page 687 of 1156 Hospitality Resorts Inc. Mountain Road Golf Course & Resort, Niagara Falls August 9, 2022 CITY OF NIAGARA FALLS IBI GROUP Subject Lands & Additional Lands 3Page 688 of 1156 Hospitality Resorts Inc. Mountain Road Golf Course & Resort, Niagara Falls August 9, 2022 CITY OF NIAGARA FALLS IBI GROUP Subject Lands (Northeast Perspective) 4Page 689 of 1156 Hospitality Resorts Inc. Mountain Road Golf Course & Resort, Niagara Falls August 9, 2022 CITY OF NIAGARA FALLS IBI GROUP Proposed Uses 5 Minister Zoning Order (MZO) Lands: •Agricultural Vineyards •18-Hole Championship Golf Course •Driving Range •Chip and Putt •Pro Shop Lounge •Accessory Structures Niagara Escarpment Commission (NEC) Lands: •Agricultural Vineyards •Winery/Retail Outlet •Equestrian Centre/Riding Trails •Amphitheatre •Hiker Cabins •Bruce Trail Connections •Farmers Market •Inn and Spa •Villas •Lounge Pool •Tennis Courts •Restaurant •Nature Trails Page 690 of 1156 Hospitality Resorts Inc. Mountain Road Golf Course & Resort, Niagara Falls August 9, 2022 CITY OF NIAGARA FALLS IBI GROUP Conceptual Site Plan –South Portion 6 Comprehensive Conceptual Site Plan Page 691 of 1156 Hospitality Resorts Inc. Mountain Road Golf Course & Resort, Niagara Falls August 9, 2022 CITY OF NIAGARA FALLS IBI GROUP Conceptual Site Plan –North Portion 7 Comprehensive Conceptual Site Plan Page 692 of 1156 Hospitality Resorts Inc. Mountain Road Golf Course & Resort, Niagara Falls August 9, 2022 CITY OF NIAGARA FALLS IBI GROUP Precedent Images -MZO Lands 8Page 693 of 1156 Hospitality Resorts Inc. Mountain Road Golf Course & Resort, Niagara Falls August 9, 2022 CITY OF NIAGARA FALLS IBI GROUP Precedent Images –NEC Lands 9Page 694 of 1156 Hospitality Resorts Inc. Mountain Road Golf Course & Resort, Niagara Falls August 9, 2022 CITY OF NIAGARA FALLS IBI GROUP Breathtaking Landscapes 10 Links Style Golf Course Wine Region Views to Lake Ontario and TO Skyline Page 695 of 1156 Hospitality Resorts Inc. Mountain Road Golf Course & Resort, Niagara Falls August 9, 2022 CITY OF NIAGARA FALLS IBI GROUP Official Plan –Schedule A –Land Use 11Page 696 of 1156 Hospitality Resorts Inc. Mountain Road Golf Course & Resort, Niagara Falls August 9, 2022 CITY OF NIAGARA FALLS IBI GROUP Planning Consideration 1: Agriculture 12 Planning Consideration 1: Agricultural Preservation & Rural Area Character •Adjacent lands are occupied by urban uses and are now included within the Urban Boundary •Subject lands have a low priority for preservation among prime agricultural class •Enhances the rural character through an effective use of architecture and rural design Designated Greenfield Area in the Urban Boundary Ontario Soils Survey Complex Approximate Location of Subject Lands Page 697 of 1156 Hospitality Resorts Inc. Mountain Road Golf Course & Resort, Niagara Falls August 9, 2022 CITY OF NIAGARA FALLS IBI GROUP Planning Consideration 2: Natural Heritage 13 Planning Consideration 2: Natural Heritage •Environmental Constraints Analysis, prepared by LCA Environmental •Protection of Regionally Significant Woodlands and Locally Significant Wetlands proposed that have been identified on the subject lands •Buffers from significant natural features will be refined through the Site Plan process to ensure no negative environmental impacts Page 698 of 1156 Hospitality Resorts Inc. Mountain Road Golf Course & Resort, Niagara Falls August 9, 2022 CITY OF NIAGARA FALLS IBI GROUP Planning Consideration 3: Location 14 Planning Consideration 3: Locational Attributes •Subject lands are located along three Arterial roads and adjacent to the QEW interchange •Mountain Road is part of the Region’s Strategic Cycling Network •Proximity to the urban area is key to efficiently extending municipal water and sewer infrastructure to service the subject lands •Shuttle bus service proposed from downtown Niagara Falls (Fallsview area)Page 699 of 1156 Hospitality Resorts Inc. Mountain Road Golf Course & Resort, Niagara Falls August 9, 2022 CITY OF NIAGARA FALLS IBI GROUP Proximity to Downtown Hilton Hotel 15Page 700 of 1156 Hospitality Resorts Inc. Mountain Road Golf Course & Resort, Niagara Falls August 9, 2022 CITY OF NIAGARA FALLS IBI GROUP 16 Conclusions In summary, the proposed development: •Will result in a world class agri-tourism recreational facility within the rural area of Niagara Falls; •Will result in tourism-related and recreational uses that are compatible with the scale and character of the surrounding rural landscape; •Will complement the NEC lands proposal/Bruce Trail; •Will generate additional employment opportunities in the City of Niagara Falls; •Will not result in any adverse agricultural or environmental impacts and has not generated public concern; and, •Is located in an ideal location based on proximity to appropriate transportation networks, urban, and rural areas.Page 701 of 1156 Hospitality Resorts Inc. Mountain Road Golf Course & Resort, Niagara Falls August 9, 2022 CITY OF NIAGARA FALLS IBI GROUP 17 Request of Council Our Request of Council: To pass a resolution supporting our request for an Ontario Minister’s Zoning Order to permit the proposed development as presented Page 702 of 1156 Hospitality Resorts Inc. Mountain Road Golf Course & Resort, Niagara Falls August 9, 2022 CITY OF NIAGARA FALLS IBI GROUP 18 Why a MZO? Why a Minister Zoning Order? •Financing purposes, as it would expedite development to ensure construction coincides or precedes the $700 million Fallsview expansion project ($1 billion project, including NEC and MZO lands proposal); •Maintain partnership with the Antinori Family; •Facilitate construction within the year and accelerate economic recovery from the COVID-19 pandemic; •Coincides with the urban boundary expansion in the northwest quadrant of the City; and, •Allow the project to move forward expeditiously while having regard for technical matters.Page 703 of 1156 Hospitality Resorts Inc. Mountain Road Golf Course & Resort, Niagara Falls August 9, 2022 CITY OF NIAGARA FALLS IBI GROUP Site Plan 19 Thank you for listening! Questions and/or comments?Page 704 of 1156 F-2022-40 Report Report to: Mayor and Council Date: August 9, 2022 Title: Capital Project Closing and Adjustments Report as at June 30, 2022 Recommendation(s) 1. That Council receive the report for information and approve the recommended transfers to/from reserves/reserve funds per Attachment 1; 2. That Council approve the closure of the projects listed in Attachment 1 and release any associated funding commitments; 3. That Council approve the recommendations outlined in Attachment 2 to facilitate funding swaps, capital budget amendments and the renaming/splitting of projects, including the hiring of a temporary Project Manager on an 18 month contract, funded by capital, to manage and facilitate the Wet Weather Management Study and Master Servicing Plans; 4. That Council receive and file Attachment 3 for information, containing an updated Annual Repayment Limit in support of debt funding approvals outlined in Attachment 2. Executive Summary Attachment 1 contains a summary of 92 capital projects to be closed. Staff has included recommendations on which reserves or reserve funds surplus funds can be transferred to as well as which reserves or reserve funds deficits can be funded from if applicable. The net impact of the recommended transfers is a $5,466,556 contribution to reserves or reserve funds. Attachment 2 contains a summary of funding swaps staff are recommending to revise the funding source previously approved in existing capital projects. Attachment 2 also contains capital budget amendments to provide sufficient budgetary approvals to begin procurement in fall 2022 prior to the 2023 capital budget process. These amendments will ensure that critical time-sensitive work can get underway as soon as possible. Attachment 3 contains an updated Annual Repayment Limit analysis to demonstrate the current debt issued and the approved debt not issued compared to the City's Debt Management Policy Limit and Legislated Limit. Page 1 of 13 Page 705 of 1156 Background This report is being prepared to provide Council with an update on the status of capital projects. The projects outlined in this report have been grouped into a few categories: Projects submitted for closure, including those requiring funding approval to transfer funds to/from reserves to close (Attachment 1) and projects where existing project funding is being swapped or existing capital budgets are being amended (Attachment 2). Past practice of capital accounting staff has been to wait to apply the funding to a project until expenses have begun and to only transfer funding as needed each year (i.e. to match the amount of expenditures per year). This can become problematic for reconciliation of reserves and reserve funds as Staff must manually maintain approved committed amounts so as not to recommit the same funding. Effective in 2019, Staff has been directed to transfer funding to a project at the time it is approved. Past practice has also been to transfer excess or deficit amounts to/from reserves/reserve funds based on the discretion and direction of the Treasurer. This approach is an acceptable practice however, moving forward, in the interest of transparency, Staff wish to present Council with a closed capital report at least once a year. Many of the projects outlined in Attachment 1 require a funding decision. Staff has recommended which reserve or reserve fund the project surplus/deficit should be transferred to/funded from. Any associated funding commitments associated with these projects will also be released. The adjustments and amendments outlined in Attachment 2 include revising and swapping existing funding sources for previously approved projects, increasing funding due to scope changes, recoding projects to better classify the work and renaming/splitting projects to prepare for Transit Amalgamation. An updated Annual Repayment Limit (ARL) has been in cluded as Attachment 3 to summarize current debt obligations, and the impact of debt approvals where debt has not yet been issued. This is ensures that the City is compliant with its Debt Management Policy and legislated debt limits. Analysis As part of the preparations for the annual capital budget process, staff plan to bring forward at least one close out report to reduce the number of open projects to review and analyze on an ongoing basis and maximize the funding available by uncommitting funds and transferring surpluses to reserves. In addition to closing projects as outlined in Attachment 1, this report also seeks to address in-year budget-related adjustments outlined in Attachment 2, which can include changes such as changing/optimizing funding sources, and modifying budgetary approvals to facilitate procurement in advance of the 2023 capital budget deliberations. Page 2 of 13 Page 706 of 1156 The projects outlined in Attachment 2 fall into three groups: • Group 1 (14 projects): contains recommendations to revise existing funding to another source (i.e. Debt funding to Reserve funding). These swaps are being done in advance of the 2023 capital budget process to optimize the city’s funding positions leading into the budget process. • Group 2 (4 Projects) contains capital budget amendments to increase funding for existing projects or split/re-code projects. This will ensure sufficient budgetary approvals are in place now, in order to begin procurement by fall 2022, prior to the 2023 capital budget process. It also ensures that critical time -sensitive work supporting 2023 and 2024 initiatives, can get underway as soon as possible. • Group 3 (2 Projects) requires renaming/splitting to recognize changes in scope and/or to facilitate transit amalgamation by separating out remaining budget amounts to be transferred to the new Transit Commission during amalgamation and facilitate closure of the original project. Due to the budget amendments in Attachment 2 including debt approvals, an updated ARL reflective of all of the recommended changes is included as Attachment 3 for Council's information. Operational Implications and Risk Analysis There are no operational implications or risks associated with this report. Financial Implications/Budget Impact Attachment 1 contains a summary of 92 capital projects that are either over or underfunded. Staff has included recommendations on which reserves or reserve funds surplus funds can be transferred to as well as which reserves or reserve funds deficit s can be funded from. There are 60 projects with surplus funding contributing a total of $6,845,881 to reserves and reserve funds. There are 17 projects that require additional funding to facilitate closure requiring$1,399,325 in funding from reserves and reserve funds. There are 15 projects that do not require any adjustments to existing funding and can be closed in their current state. The net impact of the recommended transfers is a $5,466,556 contribution to reserves or reserve funds. By completing this closing and adjustment report prior to the 2022 Capital Budget, it allows staff to more accurately assess the health of reserve and reserve funds, revise existing funding being utilized and amend budgets to facilitate procurement. This allows staff to optimize the amount of funding available for allocation during the 2023 capital budget. Strategic/Departmental Alignment Page 3 of 13 Page 707 of 1156 This report best aligns with the City’s Strategic Priority of “Responsible and Transparent Financial Management.” List of Attachments F-2022-40 - Attachment 1 - Projects to be Closed F-2022-40 - Attachment 2 - Funding Swaps and Capital Budget Amendments F-2022-40 - Attachment 3 - Annual Repayment Limit as of Aug 9 2022 Written by: James Dowling, Manager of Capital Accounting Jennifer Yarnell, Senior Financial Analyst Submitted by: Status: Jon Leavens, Acting Director of Finance Approved - 05 Aug 2022 Jason Burgess, CAO Approved - 05 Aug 2022 Page 4 of 13 Page 708 of 1156 F-2022-40 - Attachment 1 - Projects to be Closed F-2022-40 August 9, 2022 Project Number Name of Account Year Opened Year of Last Activity Approved Budget Final Expenses Funded to Date Recommended Transfer to/(from) Reserves Recommended Reserve/Reserve Fund* Bridges BC 10 Chippawa Parkway Culvert Rebabilitation (S053C)2012 2022 378,000 315,748 377,631 61,883 CSPR BC 16 Rural Bridge Condition Invgt (Koabel, Maj Donald Dell, Schisler, Willowdell)2017 2020 95,000 92,703 92,703 - N/A 473,000 408,451 470,334 61,883 Building BP 12 City Hall Brick Work & Exterior Cladding Repair/Upgrade 2012 2022 1,610,750 1,531,860 1,531,860 - N/A BP 26 Old Transit Site - Phase 2 (site condition assessment)2017 2018 80,000 94,066 80,000 (14,066) BP32 BP 28 Old Police Building Renos - 4343 Morrison St 2017 2021 4,125,000 4,660,607 4,131,228 (529,378) CSPR BP34 City Hall Court House - Demolition 2019 2020 260,000 327,122 260,000 (67,122) OLG BP37 City Hall Morrison Building- Landscaping 2019 2021 25,000 - 25,000 25,000 OLG BP41-21 WEGO Building Automation System (BAS) Upgrade 2020 2021 33,000 - 33,000 33,000 OLG 6,133,750 6,613,654 6,061,088 (552,566) Cemetery C 13 Columbaria Installation at Fairview Cemetery 2015 2022 330,000 316,356 330,265 13,909 CSPR C 15 Road Repair & Replacement (Fairview Lundy's Lane) 5 year 2016 2022 200,000 187,211 200,196 12,985 CSPR C 6 Cemetery - Fence Replacement 2012 2021 312,900 309,376 312,961 3,585 CSPR C 9 Stamford Green Columbarium (Niche Construction)2013 2021 63,000 61,030 63,077 2,047 CSPR 905,900 873,974 906,499 32,525 Fire F12 SPECIALIZED RESCUE EQUIPMENT 2003 2020 206,393 191,435 207,837 16,403 CSPR F38 PPE (BUNKER GEAR)2008 2022 1,179,364 1,227,470 1,205,004 (22,466) OLG F53 Station 7 Design/Engineering 2013 2022 8,928,365 8,902,263 8,928,816 26,553 CSPR F 61 Radio System Upgrade 2017 2021 1,200,000 1,230,534 1,233,958 3,424 CSPR F77-20 Sinirji Monitors for Station 2 3 5 & 6 Bay 2020 2021 20,000 19,278 20,000 722 OLG F78-20 Station 5 Parking Lot 2020 2022 120,000 119,767 120,000 233 CSPR F79-21 Communications Recording System 2021 2021 25,000 22,525 25,000 2,475 CSPR F83-22 G4 Series Voice Pagers 2022 2022 15,000 15,468 15,000 (468) CSPR 11,694,122 11,728,739 11,755,615 26,876 General Government G38-20 CISCO IP Phone Upgrades 2020 2021 95,000 90,941 95,000 4,059 OLG G39-20 Committee Room 2 and MacBain Boardroom Technical Upgrades 2020 2021 80,000 74,575 80,000 5,425 CSPR G42-21 IS - Station 7 NRBN Fiber Failover Build Costs 2021 2021 22,500 22,759 22,500 (259) CSPR G43-21 Mayor - WiFi for City Parks & Pools 2021 2022 46,000 31,682 46,000 14,318 CSPR G44-21 Fire - Station 1 CCTV Camera Upgrade 2021 2021 20,000 17,436 20,000 2,564 CSPR G47-22 IS - IT Consulting - Phase 1 ERP 2022 2022 150,000 153,149 150,000 (3,149) CSPR 413,500 390,543 413,500 22,957 *Reserve/Reserve Fund Acronyms are as follows: CSPR - Capital Special Purpose Reserve | OLG - Ontario Lottery and Gaming Corporation Reserve | DCs - Development Charges ReservePage 5 of 13Page 709 of 1156 F-2022-40 - Attachment 1 - Projects to be Closed F-2022-40 August 9, 2022 Project Number Name of Account Year Opened Year of Last Activity Approved Budget Final Expenses Funded to Date Recommended Transfer to/(from) Reserves Recommended Reserve/Reserve Fund* Multiple Services MS 32 Drummond Road Watermain Replacement & Road Reconstruction (Thorold Stone to Cherrywood)2017 2020 115,000 106,766 115,660 8,894 OLG MS38 Warren Woods Subdivision Ph 4 Stg 2 - Cost Sharing (Brown Road Improvements & Stormwater Infrastructure)2019 2020 344,900 239,754 239,754 - N/A MS39 Warren Woods Subdivision Phase 5 Stage 1 - Cost Sharing (Corridor Infrastructure Upsizing)2019 2020 822,546 837,020 822,546 (14,474) DCs MS43-20 Weinbrenner Road Upgrades 2020 2022 2,056,661 1,022,502 1,216,481 193,979 CSPR MS44-20 Forestview Estates Subdivision - Cost Sharing 2020 2022 364,806 280,554 280,554 - N/A 3,703,913 2,486,595 2,674,995 188,400 Museums M1 Lundy's Lane Historical Museum Expansion 2009 2018 10,810,976 10,962,427 10,877,076 (85,352) CSPR 10,810,976 10,962,427 10,877,076 (85,352) Parks P104 Althea Park Improvements 2019 2021 168,570 170,612 181,720 11,108 OLG P105 Alexander Park Improvements 2019 2021 168,570 141,245 176,282 35,036 OLG P106 Alpine Park Improvements 2019 2022 168,570 181,523 180,508 (1,015) OLG P107 Corwin Park Improvements 2019 2022 168,570 152,571 179,052 26,481 OLG P108 Brookfield Park Improvements 2019 2022 168,570 147,097 179,655 32,558 OLG P109 Glengate Park Improvements 2019 2022 343,570 377,565 386,931 9,365 OLG P110 Meadowvale Park Improvements 2019 2021 168,570 174,537 182,055 7,518 OLG P111 Theresa Park Improvements 2019 2022 343,570 340,219 383,081 42,862 OLG P113 Kitchener Park Improvements 2019 2022 168,570 140,738 178,958 38,220 OLG P117 MacBain CC Spray Pad Surface & Trail 2019 2022 125,000 124,155 138,021 13,867 OLG P 48 Kalar Park Girls Home for Soccer Improvements (Phase 3)2012 2022 1,098,571 942,467 1,029,868 87,401 CSPR & OLG P 59 Lion's Legacy Trail (Millennium Trail Phase 3)2013 2018 1,054,000 816,096 816,096 - N/A P 68 Chippawa Lions Park Improvements - Tennis Court, Wading Pool removal etc.2015 2019 888,000 793,541 888,732 95,191 OLG P 69 Oakes Park Grandstand & Fieldhouse Improvements 2015 2019 750,000 706,494 797,403 90,908 OLG P 71 GARNER RECREATION TRAIL DEVELOPMENT (McGarry Dr to McLeod Rd Section)2016 2021 292,000 104,696 104,696 - N/A P 78 2017-437-17 Artificial Turf Sport Fields Project - (E.E. Mitchelson Park- St. Paul High School)2017 2020 1,212,108 1,206,519 1,139,253 (67,266) OLG P 82 Riverview Park Improvements 2017 2021 1,012,934 994,102 994,102 - N/A P 90 South End Dog Park 2017 2019 530,000 515,659 155,000 (360,659) CSPR 8,829,743 8,029,837 8,091,412 61,575 Recreation and Culture RF 17 Glycol Repairs at Gale Centre 2013 2018 - 341,119 227,000 (114,119) CSPR RF58-20 Recreation & Culture Strategic Plan (2020-2030)2020 2022 200,000 187,190 187,190 - N/A 200,000 528,309 414,190 (114,119) *Reserve/Reserve Fund Acronyms are as follows: CSPR - Capital Special Purpose Reserve | OLG - Ontario Lottery and Gaming Corporation Reserve | DCs - Development Charges ReservePage 6 of 13Page 710 of 1156 F-2022-40 - Attachment 1 - Projects to be Closed F-2022-40 August 9, 2022 Project Number Name of Account Year Opened Year of Last Activity Approved Budget Final Expenses Funded to Date Recommended Transfer to/(from) Reserves Recommended Reserve/Reserve Fund* Roads R 100 Victoria Centre Streetscape Revitilization Phase 2 2017 2020 8,748,000 7,243,029 8,878,077 1,635,048 OLG R 105 2018 Surface Treatment 2018 2022 2,120,000 1,912,631 2,120,000 207,369 CSPR R 106 Sidewalk Replacement (2018)2018 2022 1,115,000 408,696 1,115,000 706,304 CSPR & OLG R 107 Road Resurfacing & Rehabilitation (2018)2018 2022 1,690,000 1,381,990 1,390,000 8,010 CSPR R109 Pin Oak & Canadian Drive Reconstruction 2018 2022 4,292,500 4,223,175 4,222,844 (331) CSPR R111 Clifton Hill Resurfacing and Crosswalks construction 2019 2022 625,000 644,624 659,478 14,853 OLG R112 Asphalt Overlay Phase 1 (2019)2019 2021 550,000 392,505 550,000 157,495 CSPR R114 Surface Treatment - Urban & Rural Roads 2019 2022 540,000 541,849 540,000 (1,849) OLG R115 Sidewalk Replacement 2019 2021 510,000 327,047 510,000 182,953 CSPR & OLG R120-20 Montrose Road Reconstruction (Mcleod to Charnwood)2020 2022 2,326,000 2,464,605 2,464,605 - N/A R 95 Belfast, Baldwin & Lee Ave Road Reconstruction 2017 2022 1,428,100 1,031,452 1,245,787 214,335 CSPR 23,944,600 20,571,603 23,695,790 3,124,188 Sanitary Sewer SS 48 Crysler & St. Lawrence Ave - Sewer Separation and Reconstruction 2014 2021 4,340,000 3,940,864 4,294,883 354,019 CSPR SS 57 Sewer Separations - Hamilton/Homewood/Menzie 2016 2021 3,819,000 2,791,132 3,098,462 307,330 CSPR SS 61 Drummond Road Sewer Separation (Cherrywood to Morrison)2017 2021 160,000 105,885 133,343 27,458 CSPR SS77 Garner Road Sanitary Extension Design (Black Forest Crescent - Forestview Boulevard)2019 2021 100,000 34,343 41,000 6,657 CSPR 8,419,000 6,872,224 7,567,688 695,464 Storm Sewer STMS 33 Beaverdams Rd (LL to Kalar) - Storm & WM Replacement & Beaverdams SWM Pond 2011 2022 1,848,000 69,123 967,614 898,491 CSPR STMS 43 Cytek Lands & 4th Ave Storm System 2016 2021 430,000 196,610 196,610 - N/A 2,278,000 265,733 1,164,224 898,491 Transit T 15 Radio Upgrade & Replacement - CAV 2017 2021 13,738 12,325 12,935 610 CSPR T 16 Radio System Requirements 2016 2021 13,228 11,521 12,089 568 CSPR T 18 Bus Purchases - (2016) & For Region 2016 2021 1,266,963 3,455,309 3,555,305 99,996 OLG T 20 Tele Driver Hardware/Software (Daily Schedule Management/Payroll Management)2017 2021 71,232 99,547 98,740 (807) CSPR T 27 ZF Transmission Diagnostic Software 2017 2021 6,106 5,593 5,872 279 CSPR T 29 Bus HVAC Refrigerant Recovery, Recycle & Recharge Machine 2017 2021 7,123 5,388 5,658 269 CSPR T40 Farebox Refurbishment 2019 2019 30,000 - 30,000 30,000 CSPR T41 Operations Supervisors Van - Expansion for Growth 2019 2020 50,000 46,215 50,000 3,785 CSPR T45-21 Replacement of Six Conventional Transit Buses 2021 2022 4,675,000 4,804,729 4,688,184 (116,545) T55-21 & CSPR T46-20 Refurbishment of Four Conventional Transit Buses 2020 2022 660,000 455,745 455,745 - N/A T50-20 Transmission Refurbishment of Six (6) Conventional Transit Buses 2020 2022 68,200 64,428 65,057 629 CSPR T55-21 Replacement of Two (2) Conventional Transit Buses 2021 2022 2,200,000 2,083,520 2,200,000 116,480 T45-21 T6 CAV (Specialized Bus) PURCHASE 2010 2022 920,000 818,981 837,652 18,671 CSPR T43-20 Shelter/Washroom Facility at Niagara Square 2020 2022 357,500 307,500 307,500 - N/A VTS VISITOR TRANSPORTATION SYSTEM 2011 2022 54,289,500 54,659,256 54,659,256 - N/A 64,628,590 66,830,058 66,983,992 153,934 *Reserve/Reserve Fund Acronyms are as follows: CSPR - Capital Special Purpose Reserve | OLG - Ontario Lottery and Gaming Corporation Reserve | DCs - Development Charges ReservePage 7 of 13Page 711 of 1156 F-2022-40 - Attachment 1 - Projects to be Closed F-2022-40 August 9, 2022 Project Number Name of Account Year Opened Year of Last Activity Approved Budget Final Expenses Funded to Date Recommended Transfer to/(from) Reserves Recommended Reserve/Reserve Fund* Transportation TSP43 School Crossing Guard Warning Flasher Program 2019 2021 22,500 19,826 22,500 2,674 OLG TSP44 Traffic Signal - New Installation 2019 2022 300,000 311,854 311,854 - N/A 322,500 331,680 334,354 2,674 Water W 46 Jill & Cooper Drive Watermain Replacement 2017 2021 1,015,600 867,708 1,064,148 196,440 CSPR W 47 River Road Watermain Replacement - Design & Construction 2018 2022 750,000 536,426 812,765 276,338 CSPR W 48 Oxford Street Watermain - Dorchester to Rolling Acres 2018 2021 640,000 402,804 717,622 314,818 CSPR W51 Water Distribution System Master Servicing Plan 2017 2022 200,000 163,260 163,260 - N/A W53 Can Eng Water Service Replacement (Abandonment)2016 2022 320,000 181,282 321,521 140,239 CSPR W56-20 Reflective Hydrant Markers 2020 2021 18,000 16,210 18,000 1,790 CSPR 2,943,600 2,167,689 3,097,316 929,626 GRAND TOTAL 145,701,194 139,061,516 144,508,073 5,446,556 *Reserve/Reserve Fund Acronyms are as follows: CSPR - Capital Special Purpose Reserve | OLG - Ontario Lottery and Gaming Corporation Reserve | DCs - Development Charges ReservePage 8 of 13Page 712 of 1156 F-2022-40 - Attachment 2 - Funding Swaps and Capital Budget Amendments F-2022-40 August 9, 2022 ID Project Description Budget Amendment Grant Funding ADD/(Remove) Budget Amendment Operating Funding ADD/(Remove) Budget Amendment OLG Reserve ADD/(Remove) P132-22 Tennis and Basketball Courts Improvements 750,000.00$ (267,500.00)$ (482,500.00)$ C26-22 Addition of Stained Glass Features to the Holocaust Memorial at Lundy's Lane Cem.(57,500.00)$ 57,500.00$ G54-22 Equipment Tracking Pilot (50,000.00)$ 50,000.00$ FR5 Fleet Fuel Systems (375,000.00)$ 375,000.00$ TOTAL 750,000$ (750,000)$ -$ ID Project Description Budget Amendment Debt Funding ADD/(Remove) Budget Amendment Reserve Funding ADD/(Remove) P116 Firemen's Park Master Landscape Plan (630,000.00)$ 630,000.00$ TOTAL (630,000)$ 630,000$ ID Project Description Budget Amendment Debt Funding ADD/(Remove) Budget Amendment Reserve Funding ADD/(Remove) F81-22 Fleet replacement - Tanker 6 712,500.00$ (712,500.00)$ TOTAL 712,500$ (712,500)$ 2022 Grant-Related Capital Budget Amendments - SWAP 2022 Parks Capital Budget Amendments - SWAP 2022 Fire Capital Budget Amendments - SWAP Explanation: Staff has applied for a grant for the Tennis and Basketball Court Improvements, therefore it is recommended that the funding source be changed to reflect the grant as the funding source and adjust project funding for some other projects by utilizing the OLG funding made available by this adjustment. Recommendation: Amend existing Capital Budget to swap grant funding as outlined in the table above. Explanation: Staff is preparing the 2022 Debt issuance, and with more certainty regarding what works will be completed in the near future staff wishes to swap the funding in this project to reserve fund this project and Debt fund a different project (Tanker 6). Recommendation: Amend existing Capital Budget to swap grant funding for reserve funding as outlined in the table above Explanation: Staff is preparing the 2022 Debt issuance, and with more certainty regarding future works to be completed staff wishes to debt fund this project and reserve fund a different project (Firemen's Park Master Landscape Plan). Staff will confirm in fall 2022 whether the fire truck debt will be issued in 2022 or 2023 depending on when delivery occurs. Recommendation: Amend existing Capital Budget to swap reserve funding for debt funding as outlined in the table abovePage 9 of 13Page 713 of 1156 F-2022-40 - Attachment 2 - Funding Swaps and Capital Budget Amendments F-2022-40 August 9, 2022 ID Project Description Budget Amendment Debt Funding ADD/(Remove) Budget Amendment PGT Funding ADD/(Remove) Budget Amendment OLG Funding ADD/(Remove) Budget Amendment DC Reserve ADD/(Remove) T64-22 Refurbishment of Two (2) 40' Buses - NFT (679,100.00)$ 679,100.00$ TSP50-20 Multi-Modal Hub Transit Portions (i.e. Terminal and Bus Loop)(352,044.00)$ 352,044.00$ T48-20 Implementation of New Farebox System 293,370.00$ (293,370.00)$ T47-20*In-Ground 3 Post Hoist (Artic Buses)(65,678.00)$ 65,678.00$ T53-21 Automotive Lift - 18,000 lbs (230")(5,838.00)$ 5,838.00$ T54-21*Extension of Parking and Storage Facilities (510,831.00)$ 510,831.00$ T59-22 3 Growth Buses (City Portion)(760,500.00)$ 760,500.00$ T59-22 3 Growth Buses (DC Portion)(1,189,500.00)$ 1,189,500.00$ TOTAL (3,557,653)$ 2,079,176$ (293,370)$ 1,771,847$ 2022 Transit Capital Budget Amendments - SWAP Explanation: The above projects are being recommended for funding swaps to facilitate Transit Amalgamation and align Recommendation: Swap funding sources for Transit projects as outlined in the table above. *Recommendation 2: T47-20 and T54-21 currently have debt approvals. If there is sufficient capacity to fund via Provincial Gas Tax (PGT), staff will swap the debt for PGT to reduce the debt obligation transferring to the Transit Commission.Page 10 of 13Page 714 of 1156 F-2022-40 - Attachment 2 - Funding Swaps and Capital Budget Amendments F-2022-40 August 9, 2022 2022 Municipal Works Capital Budget Amendments - ADDITIONAL FUNDS ID Project Description Total Amended Budget Existing Budget Budget Amendment Region Funding ADD/(Remove) Budget Amendment DC Funding ADD/(Remove) Budget Amendment CSPR Reserve ADD/(Remove) SS83-22 Wet Weather Management Study & Forecast -$ 350,000.00$ (175,000.00)$ (175,000.00)$ MS63-22 (NEW) Wet Weather Management Study and Master Servicing Plans 1,000,000.00$ -$ 175,000.00$ 500,000.00$ 325,000.00$ ID Project Description Total Budget Existing Budget Budget Amendment Region Funding ADD/(Remove) Budget Amendment DC Funding ADD/(Remove) Budget Amendment CSPR Reserve ADD/(Remove) TSP55-22 Transportation Master Plans - RFP and Scoping Project 450,000.00$ 75,000.00$ 375,000.00$ ID Project Description Total Budget Existing Budget Budget Amendment ICIP Grant Funding ADD/(Remove) Budget Amendment DC Funding ADD/(Remove) Budget Amendment CSPR Reserve ADD/(Remove) W64-21 Stanley Avenue Business Park Watermains 4,406,250.00$ 1,122,200.00$ 3,231,103.13$ 52,946.87$ TOTAL 5,856,250$ 1,547,200$ 3,231,103$ 875,000$ 202,947$ Explanation: It is advantageous for the City to start the Master Servicing Strategy in tandem with the Wet Weather Management Study as they will both inform the Development Charge Background Study work in 2023. In order to have inputs ready for the DC Background Study, procurement should occur in 2022 so work can begin ASAP. Recommendation 1: With the change in scope staff is recommending a 2022 Capital Budget Amendment to add $500,000 in DC funding and $150,000 in reserve funding in order to procure the work ASAP and recode ProjectID SS83-22 to a "MS" series project number and rename the project "Wet Weather Management Study and Master Servicing Plans". Recommendation 2: Hire a temporary project manager on 18 month contract to manage and facilitate study process to ensure the work is done on time, while avoiding costly contracted services to a consultant to manage the project. Explanation: During the 2021 capital budget process, funding was approved to prepare and scope the RFP for the Transportation Master Plan. In order to have strong inputs into the next DC Background Study update staff is recommending that Master Plan proceed to procurement in 2022 in order to align the work with the Wet Weather Management Study and Master Services Plans. This will enable staff to streamline the public engagement process on a corridor basis including underground infrastructure. Recommendation: Approve a 2022 Capital Budget Amendment funded by Development Charges to allow this work to be completed alongside the Wet Weather Management Study and Master Services Plans. Explanation: In April 2022 the City was advised that its application for the Investing in Canada Infrastructure Program (ICIP) - Green Infrastructure Funding Stream has been approved. The four year capital plan associated with the Stanley Avenue Business Park Watermains was approved, and therefore the City is now eligible for $3.2M in grant funding provided it contributes the remaining 26.67%. During the 2021 capital budget, the City already approved a budget of $1.1M funded by capital special purposes reserves (CSPR), so this amendment adds in the ICIP funding and tops up the CSPR contribution to round out the budget for the full scope of the multi-year project. Recommendation: Approve a 2022 Capital Budget Amendment to recognize the $3,231,103.13 in ICIP Grant Funding approved for this project, and add $52,946.87 in CSPR funding to balance the total budget including the City's share of 26.67%.Page 11 of 13Page 715 of 1156 F-2022-40 - Attachment 2 - Funding Swaps and Capital Budget Amendments F-2022-40 August 9, 2022 2022 Planning Capital Budget Amendments - ADDITIONAL FUNDS ID Project Description Total Amended Budget Existing Budget Budget Amendment Region Funding ADD/(Remove) Budget Amendment DC Funding ADD/(Remove) Budget Amendment CSPR Reserve ADD/(Remove) BP44-21 South NF/Grassy Brook Secondary Plan 725,000.00$ 325,000.00$ 200,000.00$ 180,000.00$ 20,000.00$ TOTAL 725,000$ 325,000$ 200,000$ 180,000$ 20,000$ 2022 Transit Capital Budget Amendments - RENAME/SPLIT APPROVAL ID Project Description Total Amended Budget Existing Budget Budget Amendment OLG Funding ADD/(Remove) Budget Amendment DC Funding ADD/(Remove) Budget Amendment CSPR Reserve ADD/(Remove) T6 CAV (Specialized Bus) PURCHASE 820,000.00$ 920,000.00$ (90,000.00)$ (10,000.00)$ T69-22 (New)Purchase One (1) New CAV (Growth)100,000.00$ -$ 90,000.00$ 10,000.00$ ID Project Description Total Amended Budget Existing Budget Budget Amendment OLG Funding ADD/(Remove) Budget Amendment DC Funding ADD/(Remove) Budget Amendment CSPR Reserve ADD/(Remove) T43-20 Shelter/Washroom Facility at Niagara Square 307,500.00$ 357,500.00$ (50,000.00)$ T70-22 (New)Niagara Square Display Screens 50,000.00$ -$ 50,000.00$ TOTAL 1,277,500$ 1,277,500$ (50,000)$ -$ 50,000$ Explanation: Due to some detailed watershed-related studies required for this Secondary Plan, additional funds are required in order to award the RFP for the work. The City has reached out to the Region to request a contribution and the Region has agreed to contribute $200,000. Staff anticipates up to an additional $200,000 will be required, the majority of which is DC eligible. Recommendation: Approve 2022 Capital Budget Amendment funded primarily by Regional Grants and Development Charges, with an additional $20,000 from Capital Special Purpose Reserves. Explanation: Staff wishes to close Project ID T6 which has been used since 2010 to purchase Chair a Van (CAV) vehicles. Recommendation: To ensure a smoother transition to the new transit commission staff is recommending that a new Project ID T69-22 be created for the last remaining CAV purchase (for growth purposes). This will allow Project ID T6 to be closed. Explanation: Staff has completed the work at Niagara Square, except for the installation of SCALA displays. Staff has left that work to be completed by the Niagara Transit Commission to ensure compatibility with other systems. Recommendation: To ensure a smoother transition to the new transit commission staff is recommending that a new Project ID T70-22 be created for the installation of the SCALA displays to be funded by Transit CSPRs rather than OLG funding. This will allow Project ID T43-20 to be closed.Page 12 of 13Page 716 of 1156 $70,039,654 $105,870,655 $111,942,455 4.01% $7,028,619 6.01% $10,537,548 6.32% $11,077,709 $- $5,000,000 $10,000,000 $15,000,000 $20,000,000 $25,000,000 $30,000,000 $35,000,000 $40,000,000 $45,000,000 Current Issued Debt Approved Debt Not Yet Issued Debt Contingent on Additional Approvals $- $20,000,000 $40,000,000 $60,000,000 $80,000,000 $100,000,000 $120,000,000 $140,000,000 Annual Debt RepaymentGross DebtAnnual Repayment Limit (ARL) as of Aug 9/22 Gross Debt Annual Debt Repayment Legislated ARL Debt Policy ARL Legislated ARL ($43.8M = 25% of Own Source Revenue) Policy ARL ($26.3M = 15% of Own Source Revenue) F-2022-40 - Attachment 3 - Annual Repayment Limit as of Aug 9 2022 F-2022-40 August 9, 2022 Page 13 of 13 Page 717 of 1156 F-2022-45 Report Report to: Mayor and Council Date: August 9, 2022 Title: City of Niagara Falls Community Benefit Charge Strategy (follow-up from Public Meeting) Recommendation(s) 1. That the 2022 City of Niagara Falls Community Benefit Charge (CBC) Strategy, included as Attachment 1, be approved; 2. That a dedicated obligatory Reserve Fund be established specifically for all collections of Community Benefit Charges; 3. That Council approve Staff's recommendation of Option 2 which provides discretionary exemptions for attainable housing; 4. That Council approve Staff's recommendation to fund all discretionary CBC exemptions (if applicable) from the City's operating budget to the dedicated CBC Reserve Fund; 5. That Council direct Staff to prepare the necessary CBC By-Law, inclusive of a CBC charge of 4% of land value for eligible developments in compliance with the Planning Act, R.S.O. 1990, and discretionary CBC exemptions as directed, to be referred to a special Council Meeting for approval. Executive Summary At a Public Meeting on July 12, 2022, Hemson Consulting presented the proposed Community Benefit Charges Strategy to Council. Council received the presentation, CBC strategy, associated staff report, public consultation comments, and draft by-law for information. Based on Council direction, Staff has done additional research on comparable municipalities and consulted the local developers for additional feedback to inform their decision regarding implementing a CBC for the City of Niagara Falls. In this regard, Staff compared what other municipalities are offering developers in terms of credits or exemptions, and also met with residential developers to get their feedback on July 27, 2022. Both of these reviews are summarized further below in this report. Staff is recommending that Council approve the CBC Strategy and the creation of a dedicated Reserve Fund. Staff is also recommending one of three options to introduce discretionary CBC exemptions for the development of attainable housing. Due to several other planning matters being approved at the August 9, 2022 Council meeting, and due to the timing of approving certain matters under the existing Section 37 density Page 1 of 131 Page 718 of 1156 bonusing regime, Staff is recommending that the final CBC By-Law be referred to a special council meeting for approval. Background As outlined via Report F-2022-35 received by Council on July 12, 2022, the Community Benefit Charge is the new Section 37 of the Planning Act, replacing the previous authority to permit increased height and/or density in exchange for community benefits. CBCs can be levied on developments and redevelopments that are at least five storeys in height and contain at least ten residential units. Previously, Section 37 was a site by site negotiation. The new Community Benefit Charge under Section 37 is now linked to the appraised value of the land and restricted so that the CBC cannot exceed four percent (4%) of land value as of the day before the building permit is issued. This allows developers to more accurately estimate the cost, rather than it being an open -ended negotiated amount without a "cap" like the old regime. During the meeting of July 12, 2022, Council directed Staff to do additional consultation with local developers, including those focused on rental apartments which this charge will be levied against. Council also wanted to understand what other local municipalities are implementing a CBC and expressed concerns regarding housing affordability, with fears the CBC could make it more expensive to develop rental housing units. What other municipalities are doing Staff has surveyed CBC by-laws from other Niagara and GTA municipalities that are either passed or in draft state. As can be seen from the table below, most municipalities are not providing discretionary exemptions in addition to the statutory exemptions for developments such as non-profit housing and long-term care homes. Municipality Additional Exemptions or Credits Provided Brampton Exempts purpose-built rental housing from CBC’s (based on website description; by-law not yet made public) Burlington No additional exemption or credit. Depending on the number of bedrooms in the apartments, the amount of CBC per unit is different. Halton Hills No additional exemptions or credits Hamilton Additional exemptions or credits for: -housing developments that are less than 5 storeys/less than 10 units (appears to be there for clarity purposes) -until such time as the City implements a CBC Incentive Program, certain affordable housing developments that have been approved for funding from other levels of government Page 2 of 131 Page 719 of 1156 Municipality Additional Exemptions or Credits Provided -Adaptive Reuse of all of a Building but without any addition thereto on a Protected Heritage Property that meets certain Heritage Act criteria -in the downtown CIPA if the building permit was issued on or before June 12, 2024, the CBC is reduced by 40% -if redeveloping existing residential into a residential facility or lodging house, 50% exemption from CBC Mississauga No additional exemptions or credits Newmarket No additional exemptions or credits Oakville By-law not yet available for review St. Catharines No additional exemptions or credits Toronto Excludes the following from Gross Floor Area calculation: -"Housing Now Development" – development of affordable and market rental housing on City-owned lands under a long term lease and related development of ownership homes, if any, on City-owned lands sold to a developer, provided all such development occurs as part of the Housing Now Initiative. -affordable housing that is the subject of a Municipal Housing Project Facility Agreement -any rental unit as defined in and required to be replaced pursuant to City of Toronto Municipal Code Chapter 667, Residential Rental Property Demolition and Conversion Control, as such by-law may be amended or replaced from time to time -any existing Residential Unit that is not demolished on the land that is the subject of the development or redevelopment -any existing non-residential use that is not demolished or converted to residential uses on the land that is the subject of the development or redevelopment Exemptions for: -development or redevelopment that is a Housing Now Development -development or redevelopment comprising less than 10,000 square metres of residential gross floor area and for which an application for an amendment to a by-law under section 34 of the Planning Act or an application for site plan approval under section 114 of the City of Toronto Act, 2006 was received and deemed complete, in accordance with the requirements of the Planning Act and City of Toronto Official Plan Policy 5.5.2, prior to the passing of this by-law Page 3 of 131 Page 720 of 1156 Additional Developer Consultation - July 27, 2022 Prior to the July 12, 2022 meeting, Staff had reached out to and received comments from the public to discuss Community Benefit Charges. Those comments were included for consideration and discussion during the July 12, 2022 meeting and are included as Attachment 3 to this report. In addition, Staff reached out to residential developers and home builders specifically for additional feedback. On July 27, 2022, Staff met with this stakeholder group to review the proposal for CBC's, how it would impact residential deve lopers, and get their feedback on what types of exemptions would be reasonable from their perspective. The meeting was well-attended by both local and GTA-based developers who are developing in the City. The City Solicitor, the Manager of Capital Accounting, and the Chief Administrative Officer were present. During the meeting, Staff explained to the stakeholder group the reason behind the CBC strategy and regime change, and the associated impacts to the stakeholder group. In particular, Staff highlighted the following: There are more benefits for the developer in that the charge is less and it is predictable and easier to measure; • There is an opportunity for in-kind contributions in lieu of the charge; • Exemptions and incentives can be given for developments that address the housing crisis (as outlined in the City's housing strategy); • The by-law and strategy will be reviewed and updated in 2024 and every five (5) years thereafter; and • The by-law can be appealed to the OLT. Developers were interested with regards to the types of discretionary exemptions or incentives being considered, as the costs of developing have gone up. Staff indicated that they will consider recommending that Council allow discretionary exemptions that go over and above the statutory exemptions. This means that in Niagara Falls, potential developers would get more exemptions than in most municipalities (as can be seen from the table above). Staff has prepared three options for Council to consider with re spect to additional discretionary CBC exemptions. Options 2 and 3 are above and beyond any statutory exemptions. Staff is recommending that any additional exemptions be tied to the development of more attainable housing and purpose-built rental housing. This would specifically address the housing crisis in the City and help move the City in the direction of achieving its housing affordability and availability recommendations from its housing strategy as outlined in Attachment 4 to this report. These options are reviewed in further detail in the "Analysis" section of this report. Page 4 of 131 Page 721 of 1156 Analysis Based on 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. Based on the 4% cap, it is estimated CBC revenue potential ranges from $1.6M to $2.0M over the 10 year forecast horizon. Staff reviewed the CBC Strategies and By-Laws of ten (10) Ontario municipalities of various sizes and demographics to compare the approaches used, as outlined in Attachment 2. All levied a fee of 4% of land value (legislated cap). Many municipalities funded similar capital programs with CBCs, with Public Realm, Parking, and Culture being some of the most widespread uses across comparators. The CBC is a new vehicle for both the province and municipalities. Much remains to be determined as the strategies and by-laws roll out and appeals are dealt with from the various municipalities. The current proposed CBC Strategy and By-Law will be reviewed along with the Development Charges Background Study and By-Law in 2024. The province has prescribed certain exemptions for the CBC's. For example, long -term care homes and non-profit housing fall within those prescribed exemptions. Staff compared whether other municipalities are following the province's prescriptions only for exemptions or if they are offering additional exemptions. The results of that survey are included above in the "Background" section. Hearing the concern that only a certain class of developers would be shouldering the weight of paying the CBC's, it should be noted that the charge is proposed in accordance with the legislative change made by the province. The province has selected these categories of developments for the charge. In addition, based on anticipated revenues as forecasted in the CBC strategy, the City is predicted to gain just under $2 million over a 10 year period in the proposed CBC regime. By contrast, under the older section 37 density bonusing regime, developers were paying much more, sometimes multiple millions with respect to a single development. Overall, the CBC regime is a significant gain for developers because the amount of the prescribed charge is less than the section 37 payments by several magnitudes (charges per development estimated to be in the hundreds of thousands of dollars as opposed to multiple millions of dollars under the older regime). This is a significant reduction in capital funding for the City. An important consideration is that due to the provincial changes, the burden of the shortfall will have to be transferred to the municipal tax levy. If a CBC strategy and funding mechanism through the by-law is not approved at all, then the burden on City taxpayers will be much greater. In consulting with developers as stated above, it appears that most will be receptive to a regime that includes the predictability of the CBCs as well as additional exemptions or credits in order to incentivize development, in particular attainable or affordable housing development, in the City. At the same time, the City must mitigate the impact on the Page 5 of 131 Page 722 of 1156 municipal tax levy. The options outlined by Staff in this report represent a consideration of different impacted stakeholders in an attempt to balance their different and at times diverging interests. It also considers that Staff will have to expend some resources to ensure compliance with the by-law. Attainable housing in Niagara Falls is defined in the City's Housing Strategy, included as Attachment 4 to this report, which considers a 40% affordability target. This considers the unique demographics in the City with a large service and hospitality sector workforce with modest incomes. Attainable housing would be affordable to households earning approximately $95,900 annually, meaning the sale price would need to be at or below $499,400 for ownership or $2,400 per month for rentals. These figures are currently based on the City's Housing Strategy prepared by Dillon Consulting and endorsed by Council on March 22, 2022, and are subject to updates from time to time in accordance with updates to the City's Housing Strategy and as otherwise permitted at law for the rental rate. The proposed options for exemptions as well as the corresponding CBC collections and administrative burden are reviewed in the table below: Proposed Options for Discretionary Exemptions: Proposed Exemption Options CBC Collections ($) Administrative Burden 1) No exemptions except for statutory exemption for non-profit housing and other development types under O.Reg. 509/20 (similar to most other municipalities that have a CBC by-law) Greatest Least 2) 100% exemption for attainable housing Moderate Moderate 3) 50% exemption for purpose-built rentals and 100% exemption for attainable housing Least Greatest It should be noted that in order for these discretionary exemptions to be offered, the developer must enter into an agreement with the City to ensure that attainable housing remains attainable for a minimum of 20 years. Option 1 ensures the maximum amount of CBC revenue is collected and only allows for statutory exemptions under O. Reg. 509/20 with includes: • 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 Option 1 has the least administrative burden and is the approach many other municipalities are taking, such as St. Catharines, Halton Hills, and Newmarket. This Page 6 of 131 Page 723 of 1156 approach does not incentivize attainable housing developments and therefore may not significantly increase the number of attainable housing units in Niagara Falls as Option 2 and Option 3 have the potential to do. If Council wishes to offer discretionary exemptions, Staff is recommending Option 2 to focus incentives on the development of attainable housing. No exemptions are provided for purpose-built rental housing. The administrative burden would be moderate in this scenario and the City can ensure sufficient funding to attain the targets in the CBC strategy. Option 3 incentivizes more development and contains the benefits of Option 2 in that it directly incentivizes housing that is attainable to Niagara Falls residents in accordance with the City's Housing Strategy prepared by Dillon Consulting. The availability of additional market rental housing, even at non-attainable rates, goes towards addressing the housing crisis in the City. If the market rental housing is a purpose-built rental and is not maintained at attainable rental rates, then a lesser exemption is provided (50% as opposed to 100%). This differential recognizes the fact that more attainable housing is needed in the City. The definition of attainable housing is based on the City's housing strategy and study, which will be updated from time to time as the study gets updated. The corresponding by-law also permits these updates to take place in order to ensure that the definition and criteria for attainable housing stay relevant. There is certainly a consideration that going with Option 3 would mean that insufficient or significantly less funding is collected under the CBC strategy, combined with the greatest administrative burden to ensure compliance with the by-law. This proposal is put forward for Council's consideration if it wishes to nonetheless incentivize developers who build purpose-built rentals that are not necessarily attainable. Yet, it still contains an exemption so that attainable housing is still incentivized. Any exemptions applied for attainable housing can also be enjoyed by mixed -use developments. The proposed by-law will allow for the Gross Floor Area for the CBC to be calculated based on the qualifying residential unit and therefore the exemption can be applied on a per-unit basis. The transition requirements of the current Section 37 Density and Height Bonusing regime require a CBC by-law to be passed on or before September 18, 2022. Therefore, Staff is recommending that Council approve a CBC by-law via a special meeting of Council prior to the transition deadline. The draft by-law included as Attachment 5 to this report is for Option 3, which is the most detailed and comprehensive option. If Council agrees with Staff's recommendation of Option 2 or decides to proceed with Option 1, the required By-Law revisions are outlined below: Page 7 of 131 Page 724 of 1156 • If Option 1 is directed by Council, it will mean that subparagraphs 2(4) to 2(7) would be deleted from the draft by-law. • If Option 2 is directed by Council, it will mean that subparagraph 2(5) and all references to it would be deleted from the draft by-law. Operational Implications and Risk Analysis If a Community Benefit Charge is not implemented by Niagara Falls, the cost associated with denser residential developments will fall to the entire property tax base to fund, rather than having the height and density help offset some of the costs associated with it. Depending on the option selected by Council, some of the options carry a larger administrative burden which can put operational pressure on areas lacking capacity. Discretionary exemptions approved by Council should be funded via a contribution to the CBC reserve from the Operating Budget to ensure the Capital Plan can be executed and the City's investment in attainable housing can be quantified. Like Development Charges, where growth should pay for growth, increased height and density should cover the costs and capital investments supporting this type of development. Financial Implications/Budget Impact Based on the CBC Strategy, the City stands to receive upwards of $1.6M to $2.0M over the 10 year study period. These funds will go towards the Capital Program focused on funding CBC By-Law review and strategy updates, parking, urban amenities, public art, heritage & culture and active transportation. Without leveraging a CBC on eligible developments, the additional cost burden will be placed on all taxpayers across the City. In 2022 dollars this is equivalent to an increase of 2.13% to 2.67% to fund the same capital investment that would have otherwise been covered by these eligible developments. All money collected under a CBC by-law must be paid into a special account and a municipality must spend or allocate 60 percent of the monies in the special account each year. Staff is recommending the creation of a dedicated Reserve Fund for the CBC collections, and will allocate the funds via the annual capital budget process. While offering exemptions is one opportunity for the City to incentivize the development of attainable housing, there is still a cost associated with exemptions in the form of lost revenue. Staff is recommending that any discretionary exemptions approved by Council be funded via a contribution to the CBC reserve. While this still places a burden on the tax levy, it is a transparent way to illustrate the investment Council is making in housing affordability, and will enable the capital plan to be executed more effectively. Page 8 of 131 Page 725 of 1156 Strategic/Departmental Alignment The Community Benefit Charge Strategy and By-Law best aligns with the City’s Strategic Priority of “Responsible and Transparent Financial Management.” Contributor(s) Kira Dolch (Director, Planning, Building and Development) List of Attachments F-2022-45 - Attachment 1 - Community Benefit Charge Strategy F-2022-45 - Attachment 2 - Competitive Analysis F-2022-45 - Attachment 3 - CBC By-Law Public Engagement Feedback F-2022-45 - Attachment 4 - Niagara Falls Housing Strategy (PBD-2022-18) F-2022-45 - Attachment 5 - CBC By-Law Written by: James Dowling, Manager of Capital Accounting Nidhi Punyarthi, City Solicitor Submitted by: Status: Jon Leavens, Acting Director of Finance Approved - 05 Aug 2022 Jason Burgess, CAO Pending Page 9 of 131 Page 726 of 1156 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 1 - Community Benefit Charge Strategy F-2022-45 August 9, 2022 Page 10 of 131 Page 727 of 1156 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 1 - Community Benefit Charge Strategy F-2022-45 August 9, 2022 Page 11 of 131 Page 728 of 1156 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 1 - Community Benefit Charge Strategy F-2022-45 August 9, 2022 Page 12 of 131 Page 729 of 1156 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 1 - Community Benefit Charge Strategy F-2022-45 August 9, 2022 Page 13 of 131 Page 730 of 1156 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. Attachment 1 - Community Benefit Charge Strategy F-2022-45 August 9, 2022 Page 14 of 131 Page 731 of 1156 Introduction | 4 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). Attachment 1 - Community Benefit Charge Strategy F-2022-45 August 9, 2022 Page 15 of 131 Page 732 of 1156 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 Attachment 1 - Community Benefit Charge Strategy F-2022-45 August 9, 2022 Page 16 of 131 Page 733 of 1156 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. Attachment 1 - Community Benefit Charge Strategy F-2022-45 August 9, 2022 Page 17 of 131 Page 734 of 1156 Purpose of the 2022 Community Benefits Charge Strategy | 7 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. Attachment 1 - Community Benefit Charge Strategy F-2022-45 August 9, 2022 Page 18 of 131 Page 735 of 1156 Purpose of the 2022 Community Benefits Charge Strategy | 8 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. Attachment 1 - Community Benefit Charge Strategy F-2022-45 August 9, 2022 Page 19 of 131 Page 736 of 1156 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; • $16.1 million, relating to parking, urban amenities, and active transportation, is development-related but not to CBC development occurring during the 2022-2031 period. Funding for these costs will need to be considered in future DC Studies and CBC Strategies, subject to legislative constraints, or secured through other sources. The capital program is based on service levels planned for and provided by the City. These service levels are not exclusively tied to a time horizon. The capital facilities set out herein are a snapshot of what the City currently needs to fund in order to maintain those service levels during the ten-year planning period. As projects are completed, the City will continue with additional capital projects to provide similar service levels; as such, the capital facilities listed will continue to evolve. The CBC capital program is summarized in Table 1 below. Attachment 1 - Community Benefit Charge Strategy F-2022-45 August 9, 2022 Page 20 of 131 Page 737 of 1156 Service Gross Cost Grants, Subsidies & Other Recoveries Net Cost BTE ($) 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) Attachment 1 - Community Benefit Charge Strategy F-2022-45 August 9, 2022 Page 21 of 131Page 738 of 1156 Purpose of the 2022 Community Benefits Charge Strategy | 11 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. Attachment 1 - Community Benefit Charge Strategy F-2022-45 August 9, 2022 Page 22 of 131 Page 739 of 1156 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. Attachment 1 - Community Benefit Charge Strategy F-2022-45 August 9, 2022 Page 23 of 131 Page 740 of 1156 Development Forecast | 13 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 Attachment 1 - Community Benefit Charge Strategy F-2022-45 August 9, 2022 Page 24 of 131 Page 741 of 1156 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% Attachment 1 - Community Benefit Charge Strategy F-2022-45 August 9, 2022 Page 25 of 131 Page 742 of 1156 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. Attachment 1 - Community Benefit Charge Strategy F-2022-45 August 9, 2022 Page 26 of 131 Page 743 of 1156 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: Attachment 1 - Community Benefit Charge Strategy F-2022-45 August 9, 2022 Page 27 of 131 Page 744 of 1156 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. Attachment 1 - Community Benefit Charge Strategy F-2022-45 August 9, 2022 Page 28 of 131 Page 745 of 1156 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 $200,000 cost is related to development subject to CBCs. j) Other Funding No other funding is applicable for this service. Attachment 1 - Community Benefit Charge Strategy F-2022-45 August 9, 2022 Page 29 of 131 Page 746 of 1156 Project Description Timing Gross Cost Grants, Subsidies & Other Recoveries Net Cost BTE (%)BTE ($) 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 Attachment 1 - Community Benefit Charge Strategy F-2022-45 August 9, 2022 Page 30 of 131Page 747 of 1156 CBC Capital Program | 20 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 Attachment 1 - Community Benefit Charge Strategy F-2022-45 August 9, 2022 Page 31 of 131 Page 748 of 1156 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. Attachment 1 - Community Benefit Charge Strategy F-2022-45 August 9, 2022 Page 32 of 131 Page 749 of 1156 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 $5.8 million represents other funding related to development, but not funded from Development Charges or Community Benefit Charges within the planning period. Attachment 1 - Community Benefit Charge Strategy F-2022-45 August 9, 2022 Page 33 of 131 Page 750 of 1156 Project Description Timing Gross Cost Grants, Subsidies & Other Recoveries Net Cost BTE (%)BTE ($) 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 Attachment 1 - Community Benefit Charge Strategy F-2022-45 August 9, 2022 Page 34 of 131Page 751 of 1156 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: Attachment 1 - Community Benefit Charge Strategy F-2022-45 August 9, 2022 Page 35 of 131 Page 752 of 1156 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. Attachment 1 - Community Benefit Charge Strategy F-2022-45 August 9, 2022 Page 36 of 131 Page 753 of 1156 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 $13.5 million. Attachment 1 - Community Benefit Charge Strategy F-2022-45 August 9, 2022 Page 37 of 131 Page 754 of 1156 Project Description Timing Gross Cost Grants, Subsidies & Other Recoveries Net Cost BTE (%)BTE ($) 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 Attachment 1 - Community Benefit Charge Strategy F-2022-45 August 9, 2022 Page 38 of 131Page 755 of 1156 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. Attachment 1 - Community Benefit Charge Strategy F-2022-45 August 9, 2022 Page 39 of 131 Page 756 of 1156 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. Attachment 1 - Community Benefit Charge Strategy F-2022-45 August 9, 2022 Page 40 of 131 Page 757 of 1156 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 $600,000 is considered to be eligible for CBC funding. j) Other Funding No other funding has been identified for this service. Attachment 1 - Community Benefit Charge Strategy F-2022-45 August 9, 2022 Page 41 of 131 Page 758 of 1156 Project Description Timing Gross Cost Grants, Subsidies & Other Recoveries Net Cost BTE (%)BTE ($) 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 Attachment 1 - Community Benefit Charge Strategy F-2022-45 August 9, 2022 Page 42 of 131Page 759 of 1156 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. Attachment 1 - Community Benefit Charge Strategy F-2022-45 August 9, 2022 Page 43 of 131 Page 760 of 1156 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 Attachment 1 - Community Benefit Charge Strategy F-2022-45 August 9, 2022 Page 44 of 131 Page 761 of 1156 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 $6.7 million represents other funding related to development, but not funded from Development Charges or Community Benefit Charges within the planning period. Attachment 1 - Community Benefit Charge Strategy F-2022-45 August 9, 2022 Page 45 of 131 Page 762 of 1156 Project Description Timing Gross Cost Grants, Subsidies & Other Recoveries Net Cost BTE (%)BTE ($) 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 Attachment 1 - Community Benefit Charge Strategy F-2022-45 August 9, 2022 Page 46 of 131Page 763 of 1156 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 Attachment 1 - Community Benefit Charge Strategy F-2022-45 August 9, 2022 Page 47 of 131 Page 764 of 1156 Appendix | 37 Appendix Draft CBC By-law (to be made available under separate cover) Attachment 1 - Community Benefit Charge Strategy F-2022-45 August 9, 2022 Page 48 of 131 Page 765 of 1156 CBC Strategy and By-Law Analysis of Ontario Municipalities Municipality Rate Cap (Land Value) Uses of CBC Charge Burlington 4%  Public and Performance Arts  Parking  Facilities  Information Technology  Growth-related studies not eligible under the D.C.A. Hamilton 4%  Services removed from DCs (parking, airport, some studies)  Municipal administration building expansion  Culture initiatives (museums, arts centres, public art, heritage)  Public realm improvements (community gardens, non-profit space)  Expansion to landfill  Parkland acquisition (in excess of parkland dedications)  Eligible DC infrastructure Halton Hills 4%  Municipal Parking  Growth-related studies  Corporate services/information technology  Parkland acquisition  CBC Strategy Markham 4%  Waste Management  Community Facilities  Roads & Other related infrastructure  Urban park facilities  Parking  Public realm and public art  Housing  District energy  Administration Mississauga 4%  Housing  Public Realm and road safety  Community facilities  Active transportation  Urban parks  Parking  Civic administration Newmarket 4%  Civic Administration  Library  Affordable housing  Parks & recreation  Municipal parking  Public realm Ottawa 4%  Housing  Traffic calming & road safety  Public realm  Community facilities  Active transportation  Urban parks  CBC By-law administration F-2022-45 - Attachment 2 - Competitive Analysis F-2022-45 August 9, 2022 Page 49 of 131 Page 766 of 1156 CBC Strategy and By-Law Analysis of Ontario Municipalities Municipality Rate Cap (Land Value) Uses of CBC Charge St. Catharines 4%  Growth Studies  Corporate and Building Infrastructure  Culture and Public Realm  Affordable Housing  CBC Study Toronto 4%  Parks & recreation  Community facilities  Affordable housing  Public realm  Active & sustainable transportation  Protective services  Waste management  Civic administration Vaughan 4%  Public art and culture  Community facilities and amenities  Parking  Civic administration/studies F-2022-45 - Attachment 2 - Competitive Analysis F-2022-45 August 9, 2022 Page 50 of 131 Page 767 of 1156 Let's Talk Niagara Falls Project: Community Benefit Charges VISITORS 30 CONTRIBUTORS 5 RESPONSES 5 0 Registered 0 Unverified 5 Anonymous 0 Registered 0 Unverified 5 Anonymous Survey Responses 5 July 2022 - 11 July 2022 Community Benefit Charges Strategy and By-Law F-2022-45 - Attachment 3 - CBC By-Law Public Engagement Feedback F-2022-45 August 9, 2022 Page 51 of 131 Page 768 of 1156 Respondent No:1 Login:Anonymous Email:n/a Responded At:Jul 10, 2022 14:29:04 pm Last Seen:Jul 10, 2022 14:29:04 pm IP Address:n/a Q1.Please provide your name and affiliation (if any)Lorna Anstruther Q2.Please provide your email address. Q3.Do you have any concerns about the Community Benefit Charges Strategy and By-Law? Yes Q4.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. Q5.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. F-2022-45 - Attachment 3 - CBC By-Law Public Engagement Feedback F-2022-45 August 9, 2022 Page 52 of 131 Page 769 of 1156 Respondent No:2 Login:Anonymous Email:n/a Responded At:Jul 11, 2022 09:27:52 am Last Seen:Jul 11, 2022 09:27:52 am IP Address:n/a Q1.Please provide your name and affiliation (if any)Somy Thomas Q2.Please provide your email address. Q3.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 Q4.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. Q5.Do you have any other questions or comments regarding the Community Benefit Charges Strategy and By-Law? not answered F-2022-45 - Attachment 3 - CBC By-Law Public Engagement Feedback F-2022-45 August 9, 2022 Page 53 of 131 Page 770 of 1156 Respondent No:3 Login:Anonymous Email:n/a Responded At:Jul 11, 2022 14:25:06 pm Last Seen:Jul 11, 2022 14:25:06 pm IP Address:n/a Q1.Please provide your name and affiliation (if any)Amanda Selig - Niagara Falls Homeowner, Environmental Studies and Geography Graduate, Urban Planning Geek Q2.Please provide your email address. Q3.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. Q4.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. Q5.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 communities), wastewater treatment, stormwater management, extra snowplow routes, extra transit routes, parks, etc.). Existing homeowners shouldn't have to carry the tax burden of wasteful "McMansions" that plow over valuable green spaces and require brand new infrastructure to reach those communities in the middle of nowhere. F-2022-45 - Attachment 3 - CBC By-Law Public Engagement Feedback F-2022-45 August 9, 2022 Page 54 of 131 Page 771 of 1156 Respondent No:4 Login:Anonymous Email:n/a Responded At:Jul 11, 2022 14:28:20 pm Last Seen:Jul 11, 2022 14:28:20 pm IP Address:n/a Q1.Please provide your name and affiliation (if any)Amanda Baldinelli Q2.Please provide your email address. Q3.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 Q4.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. Q5.Do you have any other questions or comments regarding the Community Benefit Charges Strategy and By-Law? not answered F-2022-45 - Attachment 3 - CBC By-Law Public Engagement Feedback F-2022-45 August 9, 2022 Page 55 of 131 Page 772 of 1156 Respondent No:5 Login:Anonymous Email:n/a Responded At:Jul 11, 2022 15:53:57 pm Last Seen:Jul 11, 2022 15:53:57 pm IP Address:n/a Q1.Please provide your name and affiliation (if any)Dalhia Berhavan, resident Q2.Please provide your email address. Q3.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. Q4.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. Q5.Do you have any other questions or comments regarding the Community Benefit Charges Strategy and By-Law? not answered F-2022-45 - Attachment 3 - CBC By-Law Public Engagement Feedback F-2022-45 August 9, 2022 Page 56 of 131 Page 773 of 1156 PBD-2022-18 Report Report to: Mayor and Council Date: March 22, 2022 Title: City of Niagara Falls Housing Directions Study Phase 2: Housing Strategy Recommendation(s) 1. That Council receive the presentation regarding the City of Niagara Falls Housing Strategy attached as Appendix I. 2. That Council endorse the Strategy and direct staff to begin its implementation through an Official Plan Amendment including consultation with the community. Executive Summary The purpose of this report is to provide Council with the second phase of the City of Niagara Falls Housing Directions Study, the City`s Housing Strategy. The Housing Strategy which builds upon findings of the Housing Needs and Supply Report (Phase 1) recommends 21 actions that can be grouped under the following 6 themes: • Establish affordable housing targets. • Promote a greater diversity of housing types. • Ensure a healthy supply of rental units. • Increase public education and provide advocacy for partnerships. • Provide a variety of financial incentives to promote and facilitate the development of affordable and rental housing. • Monitor and report. The 21 actions set out in the Housing Strategy are a collection of policy directions, programs and tools that will work together in the short, medium and long term to help achieve the 40% affordability target recommended by Housing Needs and Supply Report and endorsed by Council in June 2021. Further, the Strategy will encourage, support and permit the development of a more diverse mix and range of housing options to meet the City’s current and future demand. Background The City of Niagara Falls has been undertaking a Housing Directions Study that provides a comprehensive understanding of the housing market and key housing issues to provide Page 1 of 68 F-2022-45 - Attachment 4 - Niagara Falls Housing Strategy (PBD-2022-18) F-2022-45 August 9, 2022 Page 57 of 131 Page 774 of 1156 policy and strategic guidance on future ownership, rental and affordable housing initiatives in the City. More specifically, the Study has been assessing the City’s pr esent and future unmet housing demand, with an emphasis regarding the housing continuum, to deliver a housing strategy that provides a broad range of affordable housing options to meet the full spectrum of community needs. The Housing Strategy was sorely needed as the recent dramatic rise in home ownership prices, combined with increasing rents has put affordable housing increasingly beyond the reach of Niagara Falls’ service and hospitality sector workforce. Through PBD-2021-20, Council was presented with the results of the Housing Needs and Supply Report, which was the first phase of the Housing Directions Study. The Housing Needs and Supply Report recommended that the City set a 40% affordability target for all new housing. A 40% affordability target was chosen due to the large percentage of Niagara Falls` households in core housing need along with the City’s large service and hospitality sector workforce whose incomes are modest. A 40% affordability target would mean that 40% of all new built housing would be affordable to households annually earning $84,300 or less ($95,900 or less in 2021 dollars) and would translate into the construction of approximately 270 affordable housing units per year. Council endorsed the 40% affordability target and directed staff to proceed forward with the second phase of the Housing Directions Study, the Housing Strategy. The Housing Strategy offers short, medium and long term policy directions to help achieve the 40% affordable housing target. The Strategy also provides policies, programs and tools to encourage, support and permit the development of a more broad mix and range of housing options to meet current and future demand. Analysis Policy Context Housing is a Provincial interest and the Province provides strategic policy direction on housing to municipalities through both the 2020 Provincial Policy Statement and the 2019 Provincial Growth Plan. Both policy documents require that municipalities provide for an appropriate range and mix of housing options and densities to meet projected requirements of current and future residents. The provision of safe, affordable and adequate housing is a key component to ensuring the safety and quality of life for Niagara residents and the creation of complete communities. The new draft Regional Official Plan provides housing policies that encourage diversity in housing type, size and tenure, in alignment with the Region’s Housing and Homelessness Action Plan as well as the Plan`s growth management objectives, targets and policies. Page 2 of 68 F-2022-45 - Attachment 4 - Niagara Falls Housing Strategy (PBD-2022-18) F-2022-45 August 9, 2022 Page 58 of 131 Page 775 of 1156 Within a two-tier system, local municipalities have the responsibility to ensure that all available planning tools are in place to support affordable housing opportunities. The City’s Housing Strategy will need to align with Provincial and Regional priorities. Housing Affordability and Core Housing Need Through its new draft Official Pan, Niagara Region has allocated a population forecast of 141,650 people to the City. This population allocation will require 20,220 new units of housing to be built, an average of 674 housing units constructed annually from 2021 to 2051. Niagara Region also through its new Plan is requiring that a minimum of 20% of all housing built annually within the Region be considered affordable. Affordable is defined as shelter costs such as mortgage, rent payments, property taxes and utility costs t hat amount to less than 30% of the annual household income for low (i.e. households with total annual earnings of less than $45,300) and moderate income households (i.e. households with total annual earnings of $45,300 to $95,900). Please note that the household income ranges reported in PDS 2021-30 of low income ($39,800 or less) and medium income ($39,800 to $84,300) have been updated for inflation to a 2021 income range of low income ($45,300 or less) and medium income ($45,300 to $95,900). A household is considered to be in core housing need if the dwelling is too expensive given the household budget (more than 30% of total household income), if the dwelling does not meet the household’s need or is in a major state of disrepair and there is no alternative housing that could be found within its budget. Analysis performed in the Housing Needs and Supply Report indicates that there are 5,770 rental households (57% of all rental households) and 5,935 owned households (23% of all owned households) in core housing need. Of the three housing need indicators, for both owned and rented dwellings, the "affordability" indicator is the one that is more prevalent (47.4% of all rented households and 23.1% of all owned households). 40% Affordable Housing Target and the Housing Strategy Taking into consideration the large percentage of households in core housing need along with the City’s large service and hospitality sector workforce whose incomes are modest, the Housing Needs and Supply Report recommended that the City set a 40% affordability target for all new housing. A 40% affordability target would mean that 40% of all new built housing would be affordable to households annually earning $95,900 or less and would translate into the construction of approximately 270 affordable housing units per year. Building on the findings of the Housing Needs and Supply Report, the Strategy in the form of 21 recommended actions grouped into 6 themes and outlined below is the blueprint that the City must follow to help address its housing needs and gaps. Page 3 of 68 F-2022-45 - Attachment 4 - Niagara Falls Housing Strategy (PBD-2022-18) F-2022-45 August 9, 2022 Page 59 of 131 Page 776 of 1156 Theme 1: Establish affordable housing targets • Update the City`s Official Plan to include affordable housing target(s). • Update the City`s Official Plan to include a framework for achieving the housing target(s). Theme 2: Promote a greater diversity of housing types • Support and permit higher density types of housing. • Support and permit alternate forms of housing. • Provide opportunities for the creation and ongoing monitoring of second units. Theme 3: Ensure a healthy supply of rental units • Preserve existing purpose built rental housing stock through the introduction of demolition and conversion control policies. • Undertake a formal assessment of the potential to introduce Inclusionary Zoning. • Explore the formalization of the use of motels as long term stay accommodation. Theme 4: Increase public education and provide advocacy for partnerships. • Develop an understanding of upper level government housing programs (federal and provincial) • Clearly define the City`s role and responsibility in supporting housing affordability. • Develop a policy to review all surplus municipal land for housing suitability. • Create a database of non-profits and other community groups with land suitable for housing. • Explore private workforce housing for hospitality and tourism employees. • Create an affordable housing information online portal. • Reduce potential for NIMBYism associated with affordable housing projects. Theme 5: Provide a variety of financial incentives to promote and facilitate the development of affordable and rental housing. • Review possible exemption to City fees and property taxes to support new long term affordable housing. • Develop a City wide Community Improvement Plan for affordable rental housing. • Allocate appropriate staff resources to administer the Strategy and associated actions. Theme 6: Monitor and Report • Develop a monitoring program for the construction of second units. • Develop an annual housing and affordable housing monitoring report. • Review and update the Housing Strategy every 5 years. The 21 actions set out in the Housing Strategy are a collection of policy directions, programs and tools that will work together in the short, medium and long term to help achieve the 40% affordability target recommended by Housing Needs and Supply Report Page 4 of 68 F-2022-45 - Attachment 4 - Niagara Falls Housing Strategy (PBD-2022-18) F-2022-45 August 9, 2022 Page 60 of 131 Page 777 of 1156 endorsed by Council in June 2021. Further, the Strategy’s actions will encourage, support and permit the development of a more diverse mix and range of housing options to meet current and future demand. Public and Stakeholder Engagement To date, consultation has followed three different avenues. Sixteen interviews with a variety of key stakeholders were conducted to better understand the current state of housing in the City. Key stakeholders interviewed included Region and City staff, nonprofit housing providers, local developers and members of the Niagara Falls Chamber of Commerce and Niagara Association of Realtors. Second, a community survey was conducted to obtain a broad community perspective on housing issues in Niagara Falls and to supplement key stakeholder interviews. The survey was available to the public between April 6 to April 27, 2021 on the City’s Let’s Talk Platform and a total of 385 complete responses were received. Finally, the Housing Directions Study has been guided by a Technical Advisory Committee composed of Councilors, City and Regional staff,other technical experts,and key community representatives who have reviewed all research material and have provided guidance and feedback on results to date. The development of the implementing OPA Phase 2 will necessitate, broad consultation with the public through open houses and a statutory public mee ting. Relationship to Ontario Housing Affordability Task Force (OHATF) In February 2022, the Ontario Housing Affordability Task Force released a report detailing a number of action items to assist in addressing housing affordability and getting more homes built, including a target of 1.5 million homes constructed in the next ten years. The OHATF places a significant focus on building new ownership housing, but does not include many actions oriented toward addressing gaps in the rental market through th e creation of new purpose built rental dwellings as the City’s Housing Strategy does. In the end, the City's Housing Strategy has a number of actions and recommendations that are in alignment with the OHATF report, though there are some areas where the OH ATH report has remained silent, where the City's Strategy has taken a stronger focus in terms of actions based on the technical research completed namely the urgency to focus on meeting specific rental housing needs to address Niagara Falls’ unique issues. Next Steps Upon Council’s endorsement of this report, the Strategy will enter the implementation phase which entails the drafting of an amendment to the City’s Official Plan to include the 40% housing affordability target and framework on how to achieve it.(i.e. Theme 1) The proposed amendment will also include requirements for development applications Page 5 of 68 F-2022-45 - Attachment 4 - Niagara Falls Housing Strategy (PBD-2022-18) F-2022-45 August 9, 2022 Page 61 of 131 Page 778 of 1156 to demonstrate how proposals would contribute to achieving the target as well as additional policies that would be geared towards incentives and monitoring. This next step will necessitate broad consultation with the public and stakeholders through open houses and a statutory public meeting. Financial Implications/Budget Impact The Housing Directions Study is being funded through the 2022 Council appro ved Planning operating budget. There are no direct financial implications arising from this report. Strategic/Departmental Alignment A Housing Directions Study and the development of a Housing Strategy are consistent with the City’s strategic priority of Diverse and Affordable Housing. List of Attachments Appendix 1 - City of Niagara Falls Housing Strategy - Feb 2022 Written by: Brian Dick, Manager of Policy Planning Submitted by: Status: Brian Dick, Manager of Policy Planning Approved - 15 Mar 2022 Kira Dolch, Director of Planning, Building & Devlopment Approved - 15 Mar 2022 Jason Burgess, CAO Approved - 16 Mar 2022 Page 6 of 68 F-2022-45 - Attachment 4 - Niagara Falls Housing Strategy (PBD-2022-18) F-2022-45 August 9, 2022 Page 62 of 131 Page 779 of 1156 1 1 THE CITY OF NIAGARA FALLS HOUSING STRATEGY HOUSING STRATEGY JANUARY 2022 IN ASSOCIATION WITH TIM WELCH CONSULTING APPENDIX 1 Page 7 of 68F-2022-45 - Attachment 4 - Niagara Falls Housing Strategy (PBD-2022-18) F-2022-45 August 9, 2022 Page 63 of 131Page 780 of 1156 ii TABLE OF CONTENTS 1 INTRODUCTION 1 1.1 Background 1 1.2 Project Process 3 1.3 Purpose of this Report 5 1.4 Report Organization 5 2 Summary of Key Findings 6 2.1 What We Heard – Engagement Summary 6 2.1.1 Stakeholder Interviews 6 2.1.2 Public Survey 8 2.2 Key Recommendations of the Housing Needs and Supply Report 9 2.3 Themes for the Housing Strategy 10 3 VISION AND GOALS 12 3.1 Vision Statement 12 3.2 Goals 12 4 THEMED STRATEGY 13 4.1 Establish Affordable Housing Targets 13 4.1.1 Overview 13 4.1.2 Affordability in Niagara Falls 16 Rental Affordability 16 Page 8 of 68F-2022-45 - Attachment 4 - Niagara Falls Housing Strategy (PBD-2022-18) F-2022-45 August 9, 2022 Page 64 of 131Page 781 of 1156 iii Ownership Affordability 17 4.1.3 Affordability Target 21 4.1.4 Actions 22 4.2 Promote a Greater Diversity of Dwelling Types 24 4.2.1 Overview 24 4.2.2 Actions 26 4.3 Ensure a Healthy Supply of Rental Units 29 4.3.1 Overview 29 4.3.2 Actions 30 4.4 Increase Public Education and Provide Advocacy for Partnerships 38 4.4.1 Overview 38 4.4.2 Actions 39 4.5 Provide a Variety of Financial Incentives to Promote and Facilitate the Development of Affordable and Rental Housing 44 4.5.1 Overview 44 4.5.2 Action 44 4.6 Monitor and Report on an Ongoing Basis to Measure the Efficacy of Implementation of the Housing Strategy, Address Emerging Housing Needs and Ensure Actions are met Within the Stated Timeframes 47 4.6.1 Overview 47 4.6.2 Actions 47 5 ACTION PLAN 50 Page 9 of 68F-2022-45 - Attachment 4 - Niagara Falls Housing Strategy (PBD-2022-18) F-2022-45 August 9, 2022 Page 65 of 131Page 782 of 1156 CITY OF NIAGARA FALLS HOUSING STRATEGY 1 1 INTRODUCTION 1.1 Background While each community throughout North America is unique, having their own distinct identity, the provision of housing that meets residents’ lifestyle and budget needs is becoming increasingly difficult. The Federal Government and Province of Ontario have both, in recent years, acknowledged that the cost of owning and renting a home is becoming out of reach for many in what has been commonly referred to as the ‘housing crisis’. While housing has historically been acknowledged as a basic human right, there is now an increased knowledge of and emphasis on ensuring there is an appropriate supply of housing available within a community that is both adequate and affordable to citizens of all ages and income levels. Actions at the global, national, provincial and local levels are all required in order to ensure there is a balance and variety of interventions to address the housing crisis and ensure the appropriate supply is available. As the City of Niagara Falls looks forward to emerging from the impact of the COVID 19 global pandemic, housing affordability will continue to be a major issue facing the community. The recent dramatic increase in home ownership prices, combined with increasing rents beyond the reach of many of its large service and hospitality sector workforce poses a significant challenge that different levels of government, community organizations and the private sector must collectively work together to overcome. Housing, generally, can be thought of as existing along a continuum, where supply responds to the demands of a community and the market provides a broad variety of options for residents within a particular community. The housing continuum provides a way to understand housing affordability in Canada and is described as the full range of housing options an individual may need over a lifetime and includes emergency housing, social housing, affordable rental housing, affordable ownership housing, market rent al housing and market homeownership. Municipalities have opportunities to provide tools and incentives to address issues along the continuum. Page 10 of 68F-2022-45 - Attachment 4 - Niagara Falls Housing Strategy (PBD-2022-18) F-2022-45 August 9, 2022 Page 66 of 131Page 783 of 1156 CITY OF NIAGARA FALLS HOUSING STRATEGY 2 Within a two-tier system, lower-tier municipalities have the responsibility to ensure that all available planning tools are in place to support affordable housing opportunities and that policy is consistent with the Provincial Policy Statement, Provincial Growth Plan and the Regional Official Plan. As the pressure for action on meeting affordable housing needs has increased, many lower tier municipalities have recently begun to take a wider array of actions and initiatives to help with the creation of new affordable housing. Municipalities have opportunities to provide tools and incentives to address issues along the continuum. In recognition of the growing issues respecting housing availability and affordability in the City of Niagara Falls and the need to address the issues th rough the consideration of future development, the consulting team of Dillon Consulting Limited (Dillon) and Tim Welch Consulting Inc. (TWC) were retained by the City in order to provide a strategy to address the City’s issues around housing. The Housing Strategy presented herein is intended to provide a range of actions intended to address the City’s housing needs along the housing continuum. Page 11 of 68F-2022-45 - Attachment 4 - Niagara Falls Housing Strategy (PBD-2022-18) F-2022-45 August 9, 2022 Page 67 of 131Page 784 of 1156 CITY OF NIAGARA FALLS HOUSING STRATEGY 3 1.2 Project Process The project is organized into two phases of work, as illustrated below: Page 12 of 68F-2022-45 - Attachment 4 - Niagara Falls Housing Strategy (PBD-2022-18) F-2022-45 August 9, 2022 Page 68 of 131Page 785 of 1156 CITY OF NIAGARA FALLS HOUSING STRATEGY 4 Since initiation of the Project in November of 2020, the project team has conducted the following:  Initiation of a Technical Advisory Committee (TAC), comprised of representatives from City Planning and Economic Development; Regional Planning; Regional Housing; the Chamber of Commerce; the real estate industry; the homebuilding and development industry; and, the not-for-profit housing sector. The intent of the TAC, and its selected membership, was to serve as technical experts and as a sounding board for the findings of the technical background work and recommendations for the Housing Strategy. The TAC has met three (3) times throughout the duration of th e project;  Completion of stakeholder interviews (virtual) and an online survey to better understand local housing perspectives, needs, gaps and opportunities to be addressed through the development of a Housing Strategy;  Technical analysis of housing-related data to understand the current state of housing supply and need in the City, which was incorporated into the Housing Needs and Supply Report; and,  Presentation of the Housing Needs and Supply Report to Council for preliminary feedback and endorsement of the recommendations to proceed forward with developing the Housing Strategy. Page 13 of 68F-2022-45 - Attachment 4 - Niagara Falls Housing Strategy (PBD-2022-18) F-2022-45 August 9, 2022 Page 69 of 131Page 786 of 1156 CITY OF NIAGARA FALLS HOUSING STRATEGY 5 1.3 Purpose of this Report The purpose of this Report is to build upon the Key Findings and Recommendations identified through Phase 1 of the Project by providing a Housing Strategy with specific actions and timelines for implementation in order to address identified housing issues in the City. 1.4 Report Organization This Strategy is organized in the following sections:  Section 1 provides an overview of the Housing Strategy and its purpose  Section 2 provides a summary recap of the Phase 1 findings for background context and to frame the Strategy;  Section 3 outlines the Vision, Principles and Goals of the Strategy;  Section 4 outlines the objectives of each of the six (6) themes and their associated actions; and,  Section 5 contains the Action Plan which includes a summary of the actions by theme areas; links to the goals of the strategy; responsibility; and, timeframe for implementation. Page 14 of 68F-2022-45 - Attachment 4 - Niagara Falls Housing Strategy (PBD-2022-18) F-2022-45 August 9, 2022 Page 70 of 131Page 787 of 1156 CITY OF NIAGARA FALLS HOUSING STRATEGY 6 2 Summary of Key Findings 2.1 What We Heard – Engagement Summary Stakeholder interviews and an online public survey were conducted as part of Phase 1 of the Housing Directions Strategy to ob tain on-the-ground insight on housing issues specific to the Niagara Falls context from local experts and the public. Key takeaways from each are presented below. A more detailed description of findings can be found in Section 6 of the Housing Needs and Supply Report. 2.1.1 Stakeholder Interviews Sixteen (16) semi-structured interviews were conducted with 21 local and regional stakeholders representing public, private, and non- profit sectors. The following key takeaways were derived from those discussions:  Housing affordability should be defined as housing that costs 30% or less of income, though this may still be too high for low- income households;  It is important to tie affordability to income and wages in the hospitality, tourism, and service sectors;  Demand for single-detached homes is predominant, though there is increasing demand for higher-density housing  Singles, single-parent households, and those working in tourism, hospitality, and agriculture are in greatest need of housing  Barriers to providing more affordable housing include: o Expensive land; o Stringent environmental regulations; o Restrictive zoning; o Limited transit network; Page 15 of 68F-2022-45 - Attachment 4 - Niagara Falls Housing Strategy (PBD-2022-18) F-2022-45 August 9, 2022 Page 71 of 131Page 788 of 1156 CITY OF NIAGARA FALLS HOUSING STRATEGY 7  Opportunities to provide more housing that is affordable to residents at various stages of life and incomes include: o Availability of significant supply of serviced greenfield areas in the City; o Introducing more flexible zoning for higher-density and mixed-use housing; o Implementing an Inclusionary Zoning by-law; o Leveraging surplus municipal land for affordable housing sites; o Partnerships between public, private, and non-profit groups; o Improved intra- and inter-City transit; and,  Incentives to reduce capital costs will likely be necessary to encourage the creation of affordable housing; these include waiving or deferral of planning fees and/or development charges, property tax exemptions/rebates/deferrals, reducing or waiving parking requirements, receiving serviced municipal land and low/no cost, and expediting the approvals process . Page 16 of 68F-2022-45 - Attachment 4 - Niagara Falls Housing Strategy (PBD-2022-18) F-2022-45 August 9, 2022 Page 72 of 131Page 789 of 1156 CITY OF NIAGARA FALLS HOUSING STRATEGY 8 2.1.2 Public Survey Four hundred and forty-eight (448) respondents answered at least one survey question. Of these, 385 responses were deemed complete (86%). The following key takeaways were derived from the survey results:  Many respondents live in precarious housing situations; survey responses reflected fear, frustration, and hopelessness regarding affordable housing in Niagara Falls  Seventy percent (70%) of respondents reported paying more than 30% of their pre-tax income for housing. This includes 26% that pay more than 50% of their pre-tax income for housing1.  The definition of affordability should be income based; 30% or less of income is generally considered affordable  Affordability should be considered based on type of income, for example, minimum wage earners or those on fixed incomes (OW, ODSP, pensions)  The unhoused, those requiring mental health support, seniors, and single-parent families are in greatest housing need  Residents think there is a greater role for the municipality in providing affordable housing, either by building it directly, 1 It is unclear from the data if renters who responded to the survey are more significantly burdened than owners. Page 17 of 68F-2022-45 - Attachment 4 - Niagara Falls Housing Strategy (PBD-2022-18) F-2022-45 August 9, 2022 Page 73 of 131Page 790 of 1156 CITY OF NIAGARA FALLS HOUSING STRATEGY 9 providing land or grants for affordable housing developments, and reducing municipal fees for affordable housing developments  Other opportunities for affordable housing include amending zoning by-laws to allow higher-density housing and/or smaller minimum lot sizes, introducing an inclusionary zoning by-law, and/or lowering property taxes. 2.2 Key Recommendations of the Housing Needs and Supply Report The key findings of the technical analysis formed the basis of the following recommendations for the Housing Strategy:  Establish Goals and objectives for housing with associated short, medium and long term actions to achieve the goals and objectives and, ultimately, address the City’s housing needs along the continuum; and,  Develop actions to ensure the City is able to respond to the housing needs of residents at all stages of the housing continuum including: o Supporting and permitting higher-density types of housing; o Supporting and permitting alternate forms of housing; o Strengthening the City’s secondary suite policy framework; o Strengthening conversion and demolition control policies; o Establishing affordability thresholds and targets; and, o Aligning local Official Plan housing policies with the Region’s housing policies to be introduced through the New Regional Official Plan. Additional details associated with the above noted recommendations is provided in the following section. Page 18 of 68F-2022-45 - Attachment 4 - Niagara Falls Housing Strategy (PBD-2022-18) F-2022-45 August 9, 2022 Page 74 of 131Page 791 of 1156 CITY OF NIAGARA FALLS HOUSING STRATEGY 10 2.3 Themes for the Housing Strategy Building on the findings of the Housing Needs and Supply report, t his Strategy provides the blueprint for the actions the City will need to implement to address the City’s housing needs and gaps. The Strategy includes a total of 21 recommended actions to be taken by the Municipality which are grouped into the following 6 themes: Theme # 1 Establish Affordable Housing Targets to set the City up for success to meet their affordable housing goals Theme # 2 Promote a Greater Diversity of Housing Types to ensure there is a diversity of housing options available to meet the needs of the City’s diverse residents Theme # 3 Ensure a Healthy Supply of Rental Units to provide a range and mix of rental options for Niagara Falls residents now and into the future Theme # 4 Increase Public Education and Provide Advocacy for Partnerships to make sure everyone – from residents, to developers, to City staff - understands the role they can play in addressing housing issues Page 19 of 68F-2022-45 - Attachment 4 - Niagara Falls Housing Strategy (PBD-2022-18) F-2022-45 August 9, 2022 Page 75 of 131Page 792 of 1156 CITY OF NIAGARA FALLS HOUSING STRATEGY 11 Theme # 5 Provide a Variety of Financial Incentives to promote and facilitate the development of affordable and rental housing Theme # 6 Monitor and Report on an ongoing basis to measure the efficacy of implementation of the Housing Strategy, address emerging housing needs and ensure actions are met within the stated timeframes Page 20 of 68F-2022-45 - Attachment 4 - Niagara Falls Housing Strategy (PBD-2022-18) F-2022-45 August 9, 2022 Page 76 of 131Page 793 of 1156 CITY OF NIAGARA FALLS HOUSING STRATEGY 12 3 VISION AND GOALS This section provides a summary of the vision and goals for the Housing Strategy. These are intended to be general, guiding principles to inform the various themes and actions. The vision and goals were informed by Provincial, Regional and local policies and directions respecting housing; the findings from the Housing Needs and Supply Report; and, the results of the engagement completed in Phase 1. 3.1 Vision Statement The vision statement is intended to capture the backbone of the Strategy and be a succinct reminder of the vision for the actions and their ultimate implementation throughout the City. The vision the Strategy aims to achieve is: All residents in the City have safe, stable and appropriate housing to meet both their physical and financial needs throughout the various stages of life. 3.2 Goals The five (5) goals of the Strategy are as follows: Goal #1 Ensure housing is available throughout the City to meet the varying financial needs of existing and future residents. Goal #2 Diversify the City’s housing supply to include a wider range of price points; mix of housing types and densities; and, a range of options for housing tenure (rental and ownership). Goal #3 Remove Barriers to the creation of a range and mix of housing types, including alterna tive forms of housing throughout the City. Goal #4 Develop an understanding of the City’s housing system moving forward through continuous and ongoing comprehensive data collection, monitoring and reporting. Goal #5 Cultivate and maintain strong relationships with regional and municipal partners, other levels of government, the private sector, and not-for-profit sectors to advance the various actions set out in the Housing Strategy Page 21 of 68F-2022-45 - Attachment 4 - Niagara Falls Housing Strategy (PBD-2022-18) F-2022-45 August 9, 2022 Page 77 of 131Page 794 of 1156 CITY OF NIAGARA FALLS HOUSING STRATEGY 13 4 THEMED STRATEGY As noted in Section 1.4, through the background research conducted as part of this Study, a number of key theme areas of focus to address the City’s Housing Needs emerged. Within these themes, a range of opportunities and actions for the City to implement have been identified. This section outlines the theme-based strategic actions for the City’s Housing Strategy. 4.1 Establish Affordable Housing Targets 4.1.1 Overview There are many different ways of defining affordable housing. Definitions that exist in provincial laws may differ from definitions used in federal housing programs. For many people, there is a very personal definition of affordability based on their own incomes. The Niagara Falls Official Plan (OP, 2019 office consolidation) provides the following definition for “affordable housing”: a) in the case of ownership housing, the least expensive of: i. housing for which the purchase price results in annual accommodation costs which do not exceed 30 percent of gross annual household income for low and moderate income households (as defined in the Provincial Policy Statement); or ii. housing for which the purchase price is at least 10 percent below the average purchase price of a resale unit in the regional market area (as defined in the Provincial Policy Statement); Page 22 of 68F-2022-45 - Attachment 4 - Niagara Falls Housing Strategy (PBD-2022-18) F-2022-45 August 9, 2022 Page 78 of 131Page 795 of 1156 CITY OF NIAGARA FALLS HOUSING STRATEGY 14 b) in the case of rental housing, the least expensive of: i. a unit for which the rent does not exceed 30 percent of gross annual household income for low and moderate income households (as defined in the Provincial Policy Statement); or ii. a unit for which the rent is at or below the average market rent of a unit in the regional market area (as defined in the Provincial Policy Statement). The Provincial Policy Statement (PPS, 2020) provides the following definition of “low and moderate income households”: a) in the case of ownership housing, households with incomes in the lowest 60 percent of the income distribution for the regional market area; or b) in the case of rental housing, households with incomes in the lowest 60 percent of the income distribution for renter households for the regional market area. The PPS also provides the following definition of “regional market area”: a) An area that has a high degree of social and economic interaction. The upper or single- tier municipality, or planning area, will normally serve as the regional market area. However, where a regional market area extends significantly beyond these boundaries, then the regional market area may be based on the larger market area. Where regional market areas are very large and sparsely populated, a smaller area, if defined in an official plan, may be utilized. Page 23 of 68F-2022-45 - Attachment 4 - Niagara Falls Housing Strategy (PBD-2022-18) F-2022-45 August 9, 2022 Page 79 of 131Page 796 of 1156 CITY OF NIAGARA FALLS HOUSING STRATEGY 15 The 60th percentile for household incomes in Niagara Falls was $68,000 to $84,300 in 2015. Taking inflation into account, the 60th percentile in 2021 is approximately between $77,800 and $95,9002. The Niagara Region Housing and Homelessness Action Plan (HHAP) identifies an affordable housing need for low- and moderate-income households based on 2016 data, defined as follows: Low Income Household  A household in the 1st, 2nd, or 3rd income decile. The Niagara Housing Statement identifies low-income households in Niagara as those with total annual earnings of less than $39,800. Moderate Income Household  A household in the 4th, 5th, or 6th income decile. The Niagara Housing Statement identifies moderate income households in Niagara as those with total annual earnings of $39,800 to $84,300. Updated these numbers to reflect 2021 incomes, a low-income household would have total annual earnings of $45,300 or less and moderate-income households would have total annual earnings of $95,900 or less. Affordability targets presented in Section 3.1.3 and recommended to be implemented as part of Action # 1 are based on these updated 2021 income levels. 2 2021 numbers were calculated by multiplying the 2016 data by the change in the Consumer Price Index (CPI) from 2016 to 2021: 13.75% Page 24 of 68F-2022-45 - Attachment 4 - Niagara Falls Housing Strategy (PBD-2022-18) F-2022-45 August 9, 2022 Page 80 of 131Page 797 of 1156 CITY OF NIAGARA FALLS HOUSING STRATEGY 16 4.1.2 Affordability in Niagara Falls Rental Affordability Table 3-1 presents the average market rent for one- and two-bedroom units in the St. Catharines-Niagara regional market area in October 2020. These rents are considered affordable based on the definition of affordable rental in the Niagara Falls Official Plan. Table 3-1: Affordable Rental Prices (Source: CMHC) Unit Type 100% Average Market Rent 80% Average Market Rent 1 Bedroom $958 $766 2 Bedrooms $1,141 $913 Table 3-2 presents affordable rents at 30% of annual household income for the bottom 60th income percentiles. Based on the above, an average one-bedroom unit would be affordable to a household earning $38,300 per year and above at 100% AMR and $30,640 per year at 80% AMR. An average two-bedroom unit is affordable to households earning $45,640 and above at 100% AMR and $36,520 and above at 80% AMR. Average rents are therefore not affordable to low-income households with annual incomes of $30,640 or less. Table 3-2: Affordable Rental Prices based on Annual Income Annual Household Income (2021) Affordable Monthly Rent $95,900 and above $2,400 $77,900 and above $1,950 $60,000 and above $1,500 $45,700 and above $1,141 (2-bdrm, 100% AMR) $45,300 and above $1,140 $38,300 and above $958 (1-bdrm, 100% AMR) $36,600 and above $913 (2-bdrm, 80% AMR) $30,700 and above $766 (1-bdrm, 80% AMR) Page 25 of 68F-2022-45 - Attachment 4 - Niagara Falls Housing Strategy (PBD-2022-18) F-2022-45 August 9, 2022 Page 81 of 131Page 798 of 1156 CITY OF NIAGARA FALLS HOUSING STRATEGY 17 Ownership Affordability Table 3-3 presents the annual household income required for the average price of a house to be considered affordable by the definition in the Official Plan. The household incomes are significantly above the definition of low- to moderate-income households. Table 3-3: Affordable Ownership Prices based on Annual Income Price Indicator Market Price Annual Household Income Required Affordable Price (90% of Market Price) Annual Household Income Required Average MLS HPI- Niagara Region (2021) $648,967 $124,606 $584,070 $112,145 Average MLS HPI- City of Niagara Falls (2021) $595,100 $114,263 $535,590 $102,837 Average Cost of New Build- bottom 20th percentile (2020) $560,000 $107,524 $504,000 $96,771 Average Cost of New Builds- All (2020) $650,619 $124,923 $585,557 $112,435 Table 3-4 presents what would be considered affordable ownership prices for income levels up to $95,900. It should be noted that a household earning under $30,000 annually is very unlikely to qualify for a mortgage without a wealthier guarantor. It is also important to note that, in relation to the price indicators set out in Table 3-3, homeownership options are limited for households earning $95,900 or less given the average selling price for both the City and the Region and the average cost of new builds far exceeds the upset limits for homeownership within these deciles. Further, given that the median household income in the City of Niagara Falls is $69,077 (2021 estimate3), a significant proportion of the City’s residents would not be able to afford to purchase the average home. 3 Median household income (2016 Census): $60,727 multiplied by CPI of 13.75% Page 26 of 68F-2022-45 - Attachment 4 - Niagara Falls Housing Strategy (PBD-2022-18) F-2022-45 August 9, 2022 Page 82 of 131Page 799 of 1156 CITY OF NIAGARA FALLS HOUSING STRATEGY 18 Table 3-4: Affordable Ownership Prices for Income Levels up to $95,900 Annual Household Income Affordable Ownership $95,900 and above $499,500 $77,900 and above $405,300 $60,000 and above $312,300 $45,300 and above $235,800 In order to provide greater context to bridge the gap between the 2016 Census data with 2021 values, as well as understand affordability by specific built form type and potential challenges in meeting targets, the consulting team conducted an addit ional analysis of affordability by type. Table 3-5 provides this comparison of affordable ownership prices based on Niagara Region income deciles to HPI prices in Niagara Region. The green check marks indicate when a specific built form type would be affordable to a specific income bracket, while the red “x” symbols indicate that that built form type is not affordable to a specific income bracket. Page 27 of 68F-2022-45 - Attachment 4 - Niagara Falls Housing Strategy (PBD-2022-18) F-2022-45 August 9, 2022 Page 83 of 131Page 800 of 1156 CITY OF NIAGARA FALLS HOUSING STRATEGY 19 Table 3-5: Affordable House Prices According to Niagara Region Income Deciles and Compared to Niagara Falls House Prices Data Source: CANCEA, CREA, Bank of Canada, Niagara Association of REALTORS Page 28 of 68F-2022-45 - Attachment 4 - Niagara Falls Housing Strategy (PBD-2022-18) F-2022-45 August 9, 2022 Page 84 of 131Page 801 of 1156 CITY OF NIAGARA FALLS HOUSING STRATEGY 20 Assumptions:  25-year mortgage  20% down payment  4.79% interest rate Definitions:  Composite: Benchmarks and indices within the “Composite” category represents all homes used in models, including One- and Two-storey single family homes, Townhouses and Apartments. Accordingly, the Composite index includes both attached and detached homes within One- and Two-storey single family homes.  Single-Family: Benchmarks and indices for “Single family homes” are generated as a composite of One- and Two-storey single family homes  One-Storey: A property with one floor above ground. This type of property does not differentiate between attached and detached homes  Two-Storey: A property with two, or more, above ground floors. This type of property does not differentiate between attached and detached homes.  Townhouses: Townhouses have configurations which lay between apartment units and freehold non strata buildings, such as bungalows and two-storey houses.  Apartment: Apartment units are characterized by being part of a multi-unit building. This category includes single level apartment, multi-level apartment, loft, penthouse, duplex, triplex, and studio suite. Based on the more detailed analysis, this means that within the context of the City of Niagara Falls, ownership options only become affordable to residents with household incomes of $95,900 or more on an annual basis (this is considered a moderate income decile). In this instance, the apartment built form would be an affordable ownership option. A broader range of options in terms of built form becomes more attainable for high income earners; however, the price of a single-family home is out of reach except for high-income households earning $139,100 or more per year unless they had a down payment greater than 20% or spent more than 30% of their income on housing costs. Page 29 of 68F-2022-45 - Attachment 4 - Niagara Falls Housing Strategy (PBD-2022-18) F-2022-45 August 9, 2022 Page 85 of 131Page 802 of 1156 CITY OF NIAGARA FALLS HOUSING STRATEGY 21 4.1.3 Affordability Target Affordability targets are important goals and a key measure to track in terms of progress towards meeting housing needs in Niagara Falls. Achieving those goals can be very challenging, but targets are put in place as a recognition that significant actions need to be taken by all levels of government, private builders, and the not-for-profit sector in order to meet the real needs in the City. Based on projections, it is expected that 20,220 new resident ial units will be built in the City between 2021 and 2051, an average of 674 units per year. It is recommended that the City of Niagara Falls set a target of 40% of the new housing (270 units per year) to be built be affordable to households earning $95,891 per year, meaning that the sale price would need to be at or below $499,440 for ownership options and $2,400 per month for rental options. As noted in the Housing Needs and Supply Report as well as in other sections of this Housing Strategy, the City will be faced with significant challenges in meeting the needs of res idents into the future if the majority of housing built continues to be in a low-rise, single-detached built form as this is not affordable to the average resident/ household. Further, given the definitions of affordability for the rental population, and the significant backlog of core housing need for existing rental households, it is important to set a sub-target for the percentage of new housing created that will be affordable to mostly rental households in core housing need (households spending more than 30% of their income on housing). Given the majority of households in core housing need are single persons and seniors, the City should set as an affordability target to have 20% of all new housing (135 units per year) be affordable rental of $968 per month or less (one-bedroom average rent or less). While it would be complex to have a further sub-goal, it would be important to have a significant portion of these units at an even lower rate or subsidized on a rent-geared-to-income basis or through a housing benefit in order to make the apartments affordable Page 30 of 68F-2022-45 - Attachment 4 - Niagara Falls Housing Strategy (PBD-2022-18) F-2022-45 August 9, 2022 Page 86 of 131Page 803 of 1156 CITY OF NIAGARA FALLS HOUSING STRATEGY 22 to minimum wage earners, seniors receiving a basic pension or persons receiving social assistance. The City and housing providers should work with the Region of Niagara and other levels of government in order to access the needed rent subsidies for very low income households. As noted in the Housing Needs and Supply Report, it is important to acknowledge the positive relationship that currently exists between the Region and the City, with partnerships on the new Bridge Street Housing and Supportive Housing facilities; and, ongoing work on the Park Street Affordable housing project. It will be particularly important for the City and the Region to continue this level of information sharing and collaboration as the City implements the various recommendations and actions set out in this Strategy in order to maximize alignment of targets, processes, incentives and future initiatives at both the local and regional levels. While these targets are more aggressive than those proposed by the Region in their Draft New Official Plan, this is justified at the local level as the provision of these affordable rental units is important for economic development and employee retention given the prevalence of minimum-wage hospitality and tourist jobs in the City. The actions set out in Section 3.1.4 have been identified with the intent to establish in policy the appropriate targets and tools to assist the City in addressing housing affordability moving forward. 4.1.4 Actions Action #1: Update the City’s Official Plan to include the following Affordable Housing Target(s)  270 units per year to be built as affordable, with the following breakdown:  135 units per year to be built with a price at or below $499,440 in the case of ownership options; and, $2,400 for rental options  135 units per year to be built as rental units, with a rental price at or below $968 per month Page 31 of 68F-2022-45 - Attachment 4 - Niagara Falls Housing Strategy (PBD-2022-18) F-2022-45 August 9, 2022 Page 87 of 131Page 804 of 1156 CITY OF NIAGARA FALLS HOUSING STRATEGY 23 Page 32 of 68F-2022-45 - Attachment 4 - Niagara Falls Housing Strategy (PBD-2022-18) F-2022-45 August 9, 2022 Page 88 of 131Page 805 of 1156 CITY OF NIAGARA FALLS HOUSING STRATEGY 24 Action #2: Update the City’s Official Plan to include a framework for achieving the Affordable Housing Target(s) Action # 1 and Action # 2 will need to be implemented through a housekeeping amendment to the Official Plan , which should be brought forward by staff in the immediate term, and approved by Council within the next year. It should include requirements for development applications to demonstrate how proposals would contribute to achieving the target as well as additional policies that would be geared toward incentives and monitoring. Further discussions between the City project team and Consultant team will be required to determine the preferred approach to operationalizing the targets in policy as part of the OPA. 4.2 Promote a Greater Diversity of Dwelling Types 4.2.1 Overview Niagara Falls has a housing supply that offers a mix of low-, medium-, and high-density housing typologies, however, single-detached dwellings form the largest portion of housing, making up approximately two thirds of the housing stock. Apartments fewer than five storeys account for 13.1% of the housing stock, and apartments greater than five storeys account for only 4.0% of the housing stock. The trend toward low-density housing being the predominant form is likely to continue, given the anticipated Regional allocation of growth and housing mix assigned to Niagara Falls is 59% for singles/semis, 25% for row housing and 16% for apartment housing. In Niagara Falls, the average household size has been slowly but steadily decreasing, and one- and two-person households account for more than half (63.1%) of all households. With an aging housing stock that is two thirds comprised of single-detached dwellings, and an identified need to provide a wider mix of dwelling types to accommodate housing needs across the continuum, Niagara Falls will benefit from a planning framework that would diversify the housing supply and ultimately result in an increased proportion of medium- and high- density housing typologies. Page 33 of 68F-2022-45 - Attachment 4 - Niagara Falls Housing Strategy (PBD-2022-18) F-2022-45 August 9, 2022 Page 89 of 131Page 806 of 1156 CITY OF NIAGARA FALLS HOUSING STRATEGY 25 In relation to the affordability targets set out in Section 3.1.3 (and Action # 1), it will be numerically impossible to achieve the target if the majority of new homes to come to market within the 2021 - 2051 period are single-detached and semi-detached, given that these built forms typically have a high purchase price that would not be considered “affordable” to those households earning $84,000 or less and in fact are only affordable to households earning $177,366 or more as shown in Table 3-5. This could ultimately lead to difficulties in providing an appropriate mix of housing across the continuum, especially given that the median household income for residents in the City is estimated to be $69,077. As a result, there is a need to ensure that the City is well-positioned to provide a greater variety of dwelling types, including medium density (e.g. townhouse, back-to-back townhouse) and high density (mid-rise and tall apartment, mixed use buildings with residential above ground-oriented retail/commercial) built forms that could be priced around the $280,000 to $395,000 range for ownership tenure and $968 to $2,108 range for rental tenure in order to provide options that would be more attainable and affordable to the average resident. Policies that only permit single detached dwellings in large portions of a community limit the availability of a mix of housing types and create homogenous neighbourhoods. A city that provides opportunities for a variety of dwelling types is best positioned to address the needs of the “missing middle”4 over the long term. The actions set out in Section 3.2.2 have been identified with the intent to address this. 4 The “missing middle” refers to households who earn too much to qualify for subsidized affordable housing, but also do not earn enough to afford the high cost of housing in Niagara Falls. The “missing middle” also refers to housing forms that are in -between high-density and low- density housing types (e.g. townhouses, stacked townhouses, back-to -back townhouses). It is not possible to achieve the targets if the majority of new homes to be developed are single and semi-detached. Page 34 of 68F-2022-45 - Attachment 4 - Niagara Falls Housing Strategy (PBD-2022-18) F-2022-45 August 9, 2022 Page 90 of 131Page 807 of 1156 CITY OF NIAGARA FALLS HOUSING STRATEGY 26 4.2.2 Actions Action #3: Support and permit higher-density types of housing The Housing Needs and Supply Report found that low-density, single-detached housing made up a large portion of the housing supply in Niagara Falls, while overall, households are decreasing in size and there and there is an increasing need for more affordable housing units. High density housing is important to providing smaller and more affordable units in the form of mid-rise and tall apartment, and mixed use buildings with residential above ground-oriented retail/commercial. The Report also found that there was significant capacity in the City’s intensification areas, nodes, and corridors to accommodate medium and high density built forms. An appropriate intensification framework and phasing strategy between the Built Up Area and Designated Greenfield Area that unlocks intensification opportunities will assist the City in addressing housing need across the continuum and assist in the realization of a more diverse housing mix, while increasing opportunities broadly and addressing affordability, specifically. This action was also identified by survey respondents who noted that amending the zoning by-laws to support higher-density housing types of housing is an important action to address affordable housing needs. This Action should be implemented as part of the City’s Official Plan Review/ Regional conformity exercise, over the medium term, within the next 3-5 years. Page 35 of 68F-2022-45 - Attachment 4 - Niagara Falls Housing Strategy (PBD-2022-18) F-2022-45 August 9, 2022 Page 91 of 131Page 808 of 1156 CITY OF NIAGARA FALLS HOUSING STRATEGY 27 Action #4: Support and Permit Alternate Forms of Housing The Housing Needs and Supply Report found that alternate forms of housing such as second suites, tiny homes, laneway housing, and shared housing/congregate living provide efficient opportunities for increasing the diversity of dwelling types and for increasing affordable housing options. Stakeholders engaged noted that high land prices in the City make development expensive and there is an opportunity to use land more efficiently, through the introduction of housing typologies that would be developed on smaller lots or with less traditional building materials, which would reduce costs so long as there were no onerous process associated with receiving approvals (e.g. these could develop as-of-right vs. having to go through a zoning by-law amendment process). The opportunity for alternate forms of housing can be limited by zoning regulations and/or policy. In order to support and permit alternate forms of housing, the City will need to ensure there is a policy framework in place to allow this type of housing. This action should be implemented as part of the City’s Official Plan Review/ regional conformity exercise by applying a flexible policy framework that would allow for the creation of alternative forms of housing; and, through implementing zoning regulations as part of a Comprehensive Zoning By-law (CZBL) process that would facilitate the creation of these units. The Official Plan Review/ Regional conformity exercise should be completed over the medium term, within the next 2 -4 years, while the CZBL should commence immediately following the conclusion of the Offic ial Plan Review/ Regional conformity exercise. Page 36 of 68F-2022-45 - Attachment 4 - Niagara Falls Housing Strategy (PBD-2022-18) F-2022-45 August 9, 2022 Page 92 of 131Page 809 of 1156 CITY OF NIAGARA FALLS HOUSING STRATEGY 28 Action #5: Provide Opportunities for the Creation and Ongoing Monitoring of Second Units5 Secondary units provide efficient opportunities for affordable housing options within existing dwellings and within already developed areas and areas where new developments will take place. They also increase the supply of market and affordable rental housing by providing more diverse housing options. Because of this, they are one way to ensure the provision of “missing middle” housing. The Planning Act6 requires Official Plan policies to authorize secondary suites, and zoning by-laws to permit and set standards for secondary suites. Permissions and standards for secondary suites are therefore required more broadly for conformity purposes with the Planning Act. The Housing Needs and Supply Report found that there is significant potential for the introduction of second units among the City’s existing housing stock, with potential ranging between 476 and 4,764 units in the BUA depending on the assumption factor applied. Stakeholder feedback and input noted that policies that clearly establish the permissions for second suites, accompanied with the appropriate regulatory framework is a key action to address affordable housing need in Niagara Falls. The background research also found that the City currently does not track or monitor the number of existing second units, and there is a gap in the planning framework for second units, therefore, estimating both the current secondary suites within the BUA as well as the potential for future second suites throughout the BUA and DGA is difficult. Moving forward, tracking and monitoring secondary suites is an important action the City can take to understand the current and future potential for secondary suites (see Action # 19 of this Strategy). 5 Second units is the general term used throughout this document to refer to secondary suites and additional dwelling units 6 The Planning Act refers to these units as “additional residential units” and requires municipalities to contain policies authorizing the use of two residential units in a detached house, semi-detached house or rowhouse; and, the use of a residential unit in a building or structure ancillary to a detached house, semi-detached house or rowhouse Page 37 of 68F-2022-45 - Attachment 4 - Niagara Falls Housing Strategy (PBD-2022-18) F-2022-45 August 9, 2022 Page 93 of 131Page 810 of 1156 CITY OF NIAGARA FALLS HOUSING STRATEGY 29 The Region of Niagara encourages second units and provides up to $25,000 of funding for the creation of secondary suites through the Niagara Renovates Program. As part of a more comprehensive Community Improvement Plan (CIP), the City could introduce incentives for the creation of second suites. In the near-term, policies to permit second units in accordance with the Planning Act should be implemented as part of a housekeeping amendment to the Official Plan which should ultimately be approved by Council within the next year. The appropriate regulatory framework7 should be implemented in the short-term, as part of a housekeeping Zoning By-law Amendment, following approval of the housekeeping amendment. In the medium-term, the City should develop a formal program for encouraging, incentivizing, monitoring and tracking second suites, and explore opportunities to provide incentives for the creation of new second suites. This will require additional staff resources in both planning and by-law enforcement to ensure there is appropriate ongoing tracking, monitoring and enforcement. 4.3 Ensure a Healthy Supply of Rental Units 4.3.1 Overview Rents in Niagara Falls have been steadily increasing in recent years. Rising rents in excess of inflation may in part be due to low supply of rental housing in Niagara Falls. A vacancy rate of 3% is generally considered to be an acceptable balance between the supply and demand for rental accommodation by housing analysts. Vacancy rates below this can drive up rents as tenants compete for fewer units. Based on the most recent rental market survey conducted by CMHC in October of 2020, the City’s overall vacancy rate is 2.4%. Vacancy rates in Niagara Falls have consistently been below this 3% threshold and, in the case of one-bedroom units, sometimes dramatically so. 7 This could include regulations that provide flexibility in order to maximize the number of units of safe, legal second units Page 38 of 68F-2022-45 - Attachment 4 - Niagara Falls Housing Strategy (PBD-2022-18) F-2022-45 August 9, 2022 Page 94 of 131Page 811 of 1156 CITY OF NIAGARA FALLS HOUSING STRATEGY 30 Ultimately, the findings of the Housing Needs and Supply Report indicate there will be an increasing need to provide a range and mix of rental options for Niagara Falls residents now and into the future. With a limited supply of rental units, increasing rents, and a low vacancy rate, the City of Niagara Falls will benefit from an increased supply of rental housing stock. The actions set out in Section 3.3.2 have been identified with the intent to support this. 4.3.2 Actions Action #6: Preserve existing purpose-built rental housing stock through the introduction of demolition and conversion control policies as well as a rental replacement by-law Rental housing is an important part of the housing continuum , and it helps meet the diverse needs of residents throughout Niagara Falls. In Niagara Falls, about 28% of households rent their homes, and this number is continuing to grow. The issue of household affordability among rental households is apparent in the City, with 47.4% of all rental households indicating that they are spending 30% or more of their income on household costs. In contrast, 17.6% of all owned households indicated they were spending 30% or more of their income on household costs. The Housing Needs and Supply Report identified that the overall rental vacancy rate in the City is below the 3% threshold8 and has been below this level for at least five years. The local and Regional planning policy currently does not permit conversion of existing rental units to condominium tenure where the vacancy rate is below 3%, which is a positive step and provides a good foundation to retain existing rental units. The Region has taken this a step further in their draft New Official Plan, which includes a new policy respecting conversions that would require demonstration that a vacancy rate above 3% for the three preceding years prior to allowing a conversion to occur. The current framework in the City does not provide direction to protect the demolition of rental buildings and replacement of rental units. The City will have to incorporate the appropriate conversion policy through a conformity amendment following the completion of the Region’s MCR. 8 According to the Canada Mortgage and Housing Corporation (CMHC), a vacancy rate of 3% or higher is cons idered to be healthy. Protecting existing rentals from being demolished or converted into condos; and, providing for the replacement of rental units is a critical action to ensure that the existing rental stock does not erode over time. Page 39 of 68F-2022-45 - Attachment 4 - Niagara Falls Housing Strategy (PBD-2022-18) F-2022-45 August 9, 2022 Page 95 of 131Page 812 of 1156 CITY OF NIAGARA FALLS HOUSING STRATEGY 31 As the City intensifies through infill redevelopment within the Built-up Area, there is a possibility that existing rental buildings may be purchased by developers as part of land consolidation for site redevelopment; and, should this occur it could result in the l oss of existing rental units without guarantee of their replacement. Protecting existing rentals from being demolished or converted into condos; and, providing for the replacement of rental units is a critical action to ensure that the existing rental stock does not erode over time. This is important to provide residents with diverse housing options that meet their household size and income. This Action will need to be supplemented by additional best practice research respecting how other jurisdictions have implemented rental demolition and con version control regulations, and introduced as part of the City’s Official Plan Review/ Regional conformity exercise, over the medium term, within the next 3-5 years. It will also require additional staff resources in planning and or the retention of outside consultants to support the background research and development of the implementation tools. Action #7: Undertake a formal assessment of the potential to introduce Inclusionary Zoning Inclusionary zoning (IZ) is a municipal policy tool that mandates or incentivizes developers to provide affordable housing within new market -rate developments. In most cases, the number of affordable units are provided as a percentage of the total number of units in the development. Municipalities sometimes provide incentives to developers to assist in offsetting the cost of providing affordable units. Potential incentives include (but are not limited to) density bonuses, expedited application, processing, parking reductions, and fee waivers. IZ has a long history of use in American municipalities but is in its infancy in Canada. The Province of Ontario recently passed enabling legislation allowing municipalities to develop IZ programs. At the time of writing, within the Ontario context, only the City of Toronto has implemented IZ, though several are in the process of drafting by-laws. Appendix A of this report includes the more detailed regulations for IZ as set out in the Planning Act and Ontario Regulation 232/18 for further reference. Page 40 of 68F-2022-45 - Attachment 4 - Niagara Falls Housing Strategy (PBD-2022-18) F-2022-45 August 9, 2022 Page 96 of 131Page 813 of 1156 CITY OF NIAGARA FALLS HOUSING STRATEGY 32 Components of IZ programs are consistent even if implementation varies by jurisdiction. IZ programs should be highly tailored to their locality based on housing market conditions, housing needs, and housing goals. Table 3-6 sets out the considerations jurisdictions may need to consider in designing an IZ program. Table 3-6: Considerations for Various Components of an Inclusionary Zoning Program Component Consideration Program type Whether the program is mandatory or voluntary Geography Where in a municipality the IZ by-law would apply Affordability How affordability is defined/calculated The household income level(s) it should target How long units will be kept affordable Set-aside rates The percentage of affordable units required in new development How the number of units are calculated Whether rates should differ based on neighbourhood or level of affordability Threshold size (minimum development size) The size of the development that will trigger an IZ requirement Alternative delivery of affordable housing units Whether to accept cash-in-lieu of on-site affordable units Whether affordable units can be provided off site Incentives Whether incentives should be offered to developers to make providing affordable housing economically feasible Monitoring and stewardship Who is responsible for operating and monitoring the affordable units There are two primary benefits to Inclusionary Zoning. First, as a market-based solution, no direct government funding is required to procure affordable housing units. Second, IZ can also, theoretically, contribute to social mixing and economically diverse neighbourhoods with people of different incomes living in close proximity. However, even though municipalities do not directly fund IZ units, IZ can still represent a cost to municipalities in terms of foregone revenues depending on the incentives provided (waiving development charges, property tax exemptions, etc.). There are also risks to relying on the private market to provide affordable housing. The economics of IZ are such that it is most effectively used in Page 41 of 68F-2022-45 - Attachment 4 - Niagara Falls Housing Strategy (PBD-2022-18) F-2022-45 August 9, 2022 Page 97 of 131Page 814 of 1156 CITY OF NIAGARA FALLS HOUSING STRATEGY 33 jurisdictions with significant and sustained market -rate development. As a result, affordable units will only be provided when markets are strong and less likely to be provided when markets are weak. Additionally, a poorly designed IZ program that makes development financially unviable means zero units of both market and affordable housing will be produced, which may make affordability worse overall. Generally speaking, IZ programs that are mandatory produce more units of affordable hous ing than programs that are voluntary and benefit from being predictable and transparent for both developers and communities. However, there is some debate as to whether IZ programs produce meaningful amounts of affordable housing, especially when there are other tools available to procure affordable units. In summary, IZ is not a silver bullet for unaffordability, but one of many tools that should be considered. Current legislation only permits IZ in developments of 10 units or more that are within Protected Major Transit Station Areas (PMTSA) or a Development Permit System (DPS) area9. PMTSAs are subsets of Major Transit Station Areas (MTSA). The Growth Plan (2020) defines an MTSA as:  The area including and around any existing or planned higher order transit station or stop within a settlement area; or the area including and around a major bus depot in an urban core. Major transit station areas generally are defined as the area within an approximate 500 to 800 metre radius of a transit station, representing about a 10-minute walk. 9 The Development Permit System (DPS) was recently renamed to the Community Planning Permit System (CPPS), however IZ legislati on has not been updated to reflect this change. Page 42 of 68F-2022-45 - Attachment 4 - Niagara Falls Housing Strategy (PBD-2022-18) F-2022-45 August 9, 2022 Page 98 of 131Page 815 of 1156 CITY OF NIAGARA FALLS HOUSING STRATEGY 34 Further, the Growth Plan defines higher order transit as:  Transit that generally operates in partially or completely dedicated rights-of-way, outside of mixed traffic, and therefore can achieve levels of speed and reliability greater than mixed-traffic transit. Higher order transit can include heavy rail (such as subways and inter-city rail), light rail, and buses in dedicated rights-of-way. The City of Niagara Falls, in collaboration with the Region of Niagara, completed a study and secondary plan for the Downtown Niagara Falls GO Transit Station Area which includes a policy framework to provide additional opportunities for the City to provide opportunities for a diversified housing mix, including medium and high density built forms. While this area is currently delineated in the local Official Plan, the Region’s Official Plan currently does not delineate the MTSA and therefore IZ cannot be explored at present. However, through the Draft Regional Structure Schedule appended to the Region’s MCR documentation, the Downtown GO Station is delineated as an MTSA. Accordingly, following the completion of the Region’s MCR process, there may be an opportunity to further explore how the IZ tool may be applied within the local context. Once the Region’s New Official Plan is in place inclusive of enabling policies for IZ and the delineation of the MTSA, the City could complete Page 43 of 68F-2022-45 - Attachment 4 - Niagara Falls Housing Strategy (PBD-2022-18) F-2022-45 August 9, 2022 Page 99 of 131Page 816 of 1156 CITY OF NIAGARA FALLS HOUSING STRATEGY 35 the required Inclusionary Zoning Municipal Assessment Report. This report must include an analysis of demographics, household incomes, housing supply, current housing rents and prices, and the potential impact of IZ on the local housing market. Given the existing land economics in this area of the City, the results of the assessment may identify challenges related to implementing a viable IZ framework and may require phasing of the tool over a longer period of time in order to account for and address market viability. The IZ Municipal Assessment is also required to be peer reviewed. Following the conclusion of the IZ Municipal Assessment and Peer Review, the Official Plan would need to be updated to include any recommended IZ policies. Following the delineation of a MTSA, implementation of an IZ policy is dependent on the time it takes to complete the Municipal Assessment report, the public engagement/ consultation process, as well as the Council meeting schedule. Assuming the Municipal Assessment report finds IZ to be viable, staff will need to draft an Official Plan Amendment for consideration and adoption by Council. Page 44 of 68F-2022-45 - Attachment 4 - Niagara Falls Housing Strategy (PBD-2022-18) F-2022-45 August 9, 2022 Page 100 of 131Page 817 of 1156 CITY OF NIAGARA FALLS HOUSING STRATEGY 36 Table 3-7 estimates a timeline based on a “best-case” scenario in which Council receives the findings of the Municipal Assessment Report without revisions, adopts the Official Plan Amendment without revisions, and the IZ policy is not appealed. In this instance, it is estimated it would take between 17 and 25 months to implement an IZ policy. Table 3-7: Steps and Estimated Timeline for Implementation of Inclusionary Zoning Step Duration Background Review n/a Delineation of MTSA n/a Staff direction to explore Inclusionary Zoning n/a Inclusionary Zoning Policy Inclusionary Zoning Municipal Assessment Report (analysis, stakeholder interviews, peer review) 6-12 months Potential public engagement/consultation 1-2 months Revisions to Municipal Assessment Report 3 months Presentation of Inclusionary Zoning Municipal Assessment Report to Council 1 month Staff draft Official Plan Amendment 3 months Potential public engagement/consultation on draft Official Plan Amendment (including statutory public meeting) 1-2 months Council adopts Official Plan Amendment 1 month Appeal period 20 days Inclusionary Zoning policy adopted TBD Total 17-25 months Costs associated with implementation include engaging a third-party consultant to complete the peer review. Many municipalities also hire consultants to complete the bulk of the Municipal Assessment Report. This Action will need to be supplemented by additional studies, which should be streamlined as part of the City’s Official Plan Review/ Regional conformity exercise, over the medium term, within the next 3-5 years. Additional staff resources in the planning department will also be required to oversee the work of consultants, depending on capacity of existing staff to undertake this role. Page 45 of 68F-2022-45 - Attachment 4 - Niagara Falls Housing Strategy (PBD-2022-18) F-2022-45 August 9, 2022 Page 101 of 131Page 818 of 1156 CITY OF NIAGARA FALLS HOUSING STRATEGY 37 Action # 8: Revisit and finalize the approach to the use of Motels as Long-term Stay Accommodation (SROs) It has been recognized that many of the older motel establishments have shifted from functioning as short-term tourist accommodations to a more long-term residential accommodation for people who may not otherwise be able to afford or find rental housing options, essentially acting as an informal “stop gap” housing residents where other options are not available. While the use of motels in this way is not intended to be a permanent solution to address housing gaps, they are currently the only means of providing shelter to residents without exacerbating the shelter system and, as a result, are a critical component of the City’s housing continuum. In their absence, the amount of visible homelessness in the City would likely increase. Work conducted as part of the Housing Needs and Supply Report indicated that there are potentially 101 hotels and motels that could providing up to 11,512 rooms for permanent long-term rental accommodation to residents who cannot find other rental housing options. A prior study on the use of motels as long-term stay accommodations was completed in 2018. The results of the study recommended introducing a new “Single Room Occupancy (SRO)” use to the Official Plan and Zoning By-law and establishing a licensing framework for the SRO use, which would allow for individual motel owners/ operators to op erate and establish as a legal use providing long- term residential accommodation; however, Council at that time did not make a recommendation to approve the recommended amendments and Licensing By-law brought forward. In order to increase the affordability of rental units in Niagara Falls, the City should explore formalizing the use of Motels as long-term stay residential accommodation through introducing Single Room Occupancy to the Official Plan and Zoning By-law. This Action should be reviewed comprehensively in conjunction with Action #6: Rental Replacement By-law as part of the new Official Plan Review process and should be completed over the medium term within the next 3-5 years. It will require additional staff resources in both planning and by-law enforcement to ensure there is appropriate ongoing tracking, monitoring and enforcement. Page 46 of 68F-2022-45 - Attachment 4 - Niagara Falls Housing Strategy (PBD-2022-18) F-2022-45 August 9, 2022 Page 102 of 131Page 819 of 1156 CITY OF NIAGARA FALLS HOUSING STRATEGY 38 4.4 Increase Public Education and Provide Advocacy for Partnerships 4.4.1 Overview Lower tier municipalities like the City of Niagara Falls are typically constrained in their ability to provide affordable housing directly to residents due to jurisdictional, funding, and capacity limitations. Housing and homelessness programs are initiated and overseen by Service Managers at the Region of Niagara using Provincial and Federal funding, and the City lacks the capacity and/or expertise to oversee development and management of affordable housing units. However, City partnerships with other levels of government as well as private and non-profit developers can contribute to an increased supply of affordable housing in support of affordable housing targets. Partnerships must also be created and supported by education and outreach efforts, both about the need for affordable housing in Niagara Falls as well as opportunities for funding, collaboration, and process for the development of affordable housing projects. The actions set out in Section 3.4.2 have been identified with the intent to support this. Page 47 of 68F-2022-45 - Attachment 4 - Niagara Falls Housing Strategy (PBD-2022-18) F-2022-45 August 9, 2022 Page 103 of 131Page 820 of 1156 CITY OF NIAGARA FALLS HOUSING STRATEGY 39 4.4.2 Actions Action #9: Develop an Understanding of Upper-Level Government Housing Programs Upper-level government housing programs typically provide capital and/or operating support for affordable housing and can contribute to overall project viability. A list of affordable housing programs that the City can promote to housing proponent s are identified in the bulleted list below. It is important to note these programs are often evolving and requirements may change in the future.  CMHC: Seed funding, Co-investment Funding, Rental Construction Financing, Mortgage Insurance  Federation of Canadian Municipalities, Green Municipal Fund, Sustainable Affordable Housing (SAH) funding  Federal-Provincial housing program (currently Ontario Priorities Housing Initiative - OPHI)  Rapid Housing Initiative  Social enterprise financing such as Community Forward Fund, Canadian Co-operative Investment Fund, HPC Housing Investment Corporation and New Market funds; and,  Infrastructure Ontario. City staff should begin to understand these programs and be able to communicate the benefits and opportunities that they may have to developers at pre-consultation meetings in order to further advocate and promote the development of housing at a range of affordability levels. This action should be implemented in the short term (within one year). Ongoing research and continuous learning will be required to ensure an up-to-date understanding of programs as they evolve over time. This may be challenging with existing staffing resources and constraints and would require assigning a dedicated staff resource to focus on housing initiatives and delivery of the ho using strategy Action #10: Clearly Define the City’s Role and Responsibility in Supporting Housing Affordability The City should understand and formalize its role and responsibilities in supporting housing affordability through municipal channels. This may include:  Partnering with other levels of government, private/non-profit developers to provide municipal land at low or no cost for the purposes of housing affordability Page 48 of 68F-2022-45 - Attachment 4 - Niagara Falls Housing Strategy (PBD-2022-18) F-2022-45 August 9, 2022 Page 104 of 131Page 821 of 1156 CITY OF NIAGARA FALLS HOUSING STRATEGY 40  Working with private developers to ensure new development meets housing affordability goals, including offering financial incentives where appropriate  Facilitating connections between private developers and non-profit groups for affordable housing developments  Educating residents and the development community on the need for affordable housing in Niagara Falls, and educating the development community and residents on funding opportunities for affordable housing (see Action #12) City staff should begin to understand this role and the responsibilities planning staff have in supporting and facilitating t he delivery of affordable housing in the short-term. Specific roles and responsibilities of Council and planning staff should also be included within the Official Plan. This Action will also need to be supplemented by additional goals and objectives to be included in the Official Plan, which should be implemented as part of the housekeeping amendment associated with Actions #1 and # 2 and should ultimat ely be approved by Council within the next year. This may be challenging with existing staffing resources and constraints and would require assigning a dedicated staff resource to focus on housing initiatives and delivery of the housing strategy. Action #11: Develop a Policy and Program to Review all Surplus Municipal Land for Housing Suitability Municipal land is often a key component of municipal partnerships with private and/or non-profit developers. A formal process should be established for evaluating surplus City land for suitability for housing before being released to the private marke t for development. In the event the land is deemed suitable for housing, it will be important to establish a policy around whether the land is leased or sold outright with affordability conditions on title. The City can also do important predevelopment work by ensuring the site is properly serviced as well as clean to help reduce development costs and increase project viability. The City should also advocate for surplus federal, provin cial, and regional land in the City limits to be used for affordable housing where appropriate. This action should be informed by a jurisdictional scan of similar policies and implemented as part of the housekeeping amendment associated with Actions # 1, #2 and #10 and should ultimately be approv ed by Council within the next year. The review of municipal land can begin immediately following the adoption of the amendment. This may be challenging with existing staffing resources and constraints and would require assigning a dedicated staff resource to focus on housing initiatives and delivery of the housing strategy. Page 49 of 68F-2022-45 - Attachment 4 - Niagara Falls Housing Strategy (PBD-2022-18) F-2022-45 August 9, 2022 Page 105 of 131Page 822 of 1156 CITY OF NIAGARA FALLS HOUSING STRATEGY 41 Action #12: Create a database of non-profits and other community groups with land suitable for housing Many non-profits and community groups own land that may be suitable for housing development, but either lack the capital or expertise for development. A database of suitable land can assist in facilitating partners hips between non-profits and private developers as well as between non-profits and the City/Region to respond to funding proposals for affordable housing. This action can be undertaken by staff immediately and completed in the short-term, within 1 to 3 years. Ongoing maintenance of the database will be necessary to ensure information is up to date as sites become available/ unavailable. This may be challenging with existing staffing resources and constraints and would require assigning a dedicated staff resource to focus on housing initiatives and delivery of the housing strategy and may also require additional support from the IT department. Action #13: Explore private workforce housing for hospitality and tourism employees Given the prevalence of hospitality and tourism employment, the City should explore the potential for large hospitality/tourism employers to develop workforce housing for their employees in collaboration with the Niagara Falls Chamber of Commerce and other local business associations. Findings in the Housing Needs and Supply Report indicated the importance of housing that is affordable to hospitality and tourism employees as well as difficult finding affordable housing near major employment centres. This action will need to be supplemented with a review of jurisdictional best practices of workforce housing development in the medium-term and should be completed by staff within 3-5 years. Additional staff resources in the planning department may be required to advance this initiative. Page 50 of 68F-2022-45 - Attachment 4 - Niagara Falls Housing Strategy (PBD-2022-18) F-2022-45 August 9, 2022 Page 106 of 131Page 823 of 1156 CITY OF NIAGARA FALLS HOUSING STRATEGY 42 Action #14: Create an affordable housing information online portal An online portal detailing affordable housing goals, housing programs and incentives, and the development process can help encourage affordable housing by highlighting funding opportunities for private/non -profit developers, demystifying the development process, and building public support for affordable housing initiatives. As much of the information in the portal will be related to outcomes of the Official Plan Review/Regional Conformity Exercise , this action should proceed following completion of the OPR, over the next 1 to 3 years. In the short -term, the municipality can begin to gather other housing information that is independent of the OPR, such as information on upper-level government programs and the development process. This action will also require municipal IT staff to be engaged to design and populate the portal. In the long -term, ongoing maintenance of the portal will be necessary to ensure information is up to date and reflective of changes to housing policy a nd programs. Action #15: Reduce potential for NIMBYism Associated with Housing Developments There is the common ground established that housing is a basic human right and there is a collective civic responsibility to ensure that the supply of housing available within a community can accommodate the varying needs of residents throughout their lifetime, including financial needs. The Housing Needs and Supply Report points to an affordability issue in the City in terms of the median household income, given that a significant portion of the population is excluded from either ownership or rental housing options unless they are willing to spend significantly more than 30% of their income. A wider range of housing options/ built form types, such as townhouse dwellings, stacked townhouse dwellings, low-rise walk ups, mid-rise buildings, tall buildings, and second suites would provide variety in a neighbourhood and increase options to address affordability along the continuum; however, those that are already housed in low-rise single detached dwellings are often opposed to housing developments/ proposals in their neighbourhoods where a built form other than single-detached is proposed based on a misconception that these are not compatible with the existing character. This local opposition, often referred to as NIMBY-ism, is based on misinformation or prejudices directed toward those who may live dwelling types that are not ‘typical’ of that specif ic neighbourhood and is often a major barrier to the development of compatible housing form s that would be more affordable. Compatibility in form does not mean “the same as” and can be achieved in a neighbourhood in a variety of ways. Page 51 of 68F-2022-45 - Attachment 4 - Niagara Falls Housing Strategy (PBD-2022-18) F-2022-45 August 9, 2022 Page 107 of 131Page 824 of 1156 CITY OF NIAGARA FALLS HOUSING STRATEGY 43 The City should make an effort to combat NIMBY-ism through education initiatives with an emphasis to reduce opposition to alternative built form types. This should include a primer on housing and human rights, education pamphlets that would dispel the common myths associated with infill housing (e.g. impacts on property values). There should be a Council information session to educate members of Council on this matter. Efforts to reduce NIMBYism cannot always be tied to a specific timeframe and should generally be ongoing. The Council information session should be done in the immediate term. Further, a broader public information session on an annual basis should be hosted to educate the public and could be done in the medium term. Additionally, City communication concerning new development (staff reports, public meetings) should also include sections that explicitly address how the new development contributes to the City’s housing affordability goals and this could commence immediately. This may be challenging with existing staff resources and constraints and would require assigning a dedicated staff resource to focus on housing initiatives and delivery of the housing strategy. It may also require additional support from communications staff. Page 52 of 68F-2022-45 - Attachment 4 - Niagara Falls Housing Strategy (PBD-2022-18) F-2022-45 August 9, 2022 Page 108 of 131Page 825 of 1156 CITY OF NIAGARA FALLS HOUSING STRATEGY 44 4.5 Provide a Variety of Financial Incentives to Promote and Facilitate the Development of Affordable and Rental Housing 4.5.1 Overview The Housing Needs and Supply Report findings note support from both stakeholders and the public for financial incentives to increase development viability for affordable housing. While it may be possible for some non-profit and private organizations to build affordable housing without capital funding and/or incentives from local or senior governments, these situations are the exception rather than the rule. This is largely due to the relatively high cost of constructing affordable housing (land, soft and hard costs) and the relatively modest cash flow generated by affordable rents. As a result, a considerable number of affordable projects, even with funding through Canada/Ontario capital programs, require some form of assistance from local municipalities to be financially viable. The actions set out in Section 3.5.2 have been identified with the intent to support this. 4.5.2 Action Action #16: Review possible exemptions to City fees and property taxes to support the provision of new long-term affordable housing. The following fees are typically associated with residential rental housing in the City of Niagara Falls:  Development charges;  Property taxes;  Site Plan Application; and,  Building permits. The City may also charge fees for an Official Plan (OP) amendment or Zoning By-law (ZBL) amendment where the proposed development does not conform to the OP or ZBL. Page 53 of 68F-2022-45 - Attachment 4 - Niagara Falls Housing Strategy (PBD-2022-18) F-2022-45 August 9, 2022 Page 109 of 131Page 826 of 1156 CITY OF NIAGARA FALLS HOUSING STRATEGY 45 Reducing, deferring, or waiving these fees for affordable housing developments can reduce development costs and increase project viability. However, doing so also decreases municipal revenues. The City is encouraged to undertake an analysis of the potential impact of changing fees on municipal revenues as a means of achieving affordable housing targets. This Action will need to be supplemented with additional studies to assess the impact of exemptions on municipal budgets, as well as a review of jurisdictional best practices of financial incentives for affordable housing developments. This work should proceed concurrently with the Official Plan Review/Regiona l Conformity Exercise over the medium term in the next 3 to 5 years10. It may require retaining outside consultants to conduct some of the financial analysis and would require staff resources in the planning department to oversee the work of consultants, as well as carry out any additional work as recommended. 10 There may be instances where the City may need to consider municipal incentive requests for residential proposals in advance of the completion of any exemption studies. These may need to be assessed on a case by case basis in the interim. Page 54 of 68F-2022-45 - Attachment 4 - Niagara Falls Housing Strategy (PBD-2022-18) F-2022-45 August 9, 2022 Page 110 of 131Page 827 of 1156 CITY OF NIAGARA FALLS HOUSING STRATEGY 46 Action #17: Develop a City-wide Community Improvement Plan for Affordable Rental Housing. Affordable and rental housing CIPs are found in other Ontario municipalities and are used to provide relief from municipal fees and property taxes for new affordable housing. The Housing Needs and Supply Report found the existing Niagara Falls CIPs promote the creation of new housing, but not affordable housing specifically. The City should explore introducing a s pecific affordable housing program in each of the existing CIPs or create a new CIP dedicated to affordable housing. The Region of Nigara is currently undertaking an incentive review and has identified housing as one of the four ‘pillars’ of that review. Any work done at the City-level should include incentives tailored to match regional incentives in order to maximize potential for benefits. This action should be supplemented with additional studies to assess the impact of the CIP on municipal budgets and should proceed concurrently with the Official Plan Review/Regional Conformity Exercise over the medium term in the next 3 to 5 years. This will require retaining outside consultants to conduct the work necessary to prepare the CIP, as well as a dditional staff resources in the planning department to oversee the work of consultants, depending on capacity of existing staff to undertake this role. Action #18: Allocate Appropriate Staff Resources to Implement and Administer the Housing Strategy and Associated Actions The success of the Strategy is dependent on a commitment made by the City to have an appropriate staffing complement to carry out the actions in each theme. As noted in a number of the actions set out in this report, there will be a need for the City to strengthen their staffing complement in the Planning department, as well as potentially in other departments. The recommended actions would not be able to move forward unless there are dedicated staff resources to oversee the implementation of the Housing Strategy. There will be a financial commitment associated with completing the actions recommended in the short, medium and long term. Staff commitment could be enacted through the creation of a new staff role. It is unlikely that broadening an existing job description would be able to satisfactorily address implementation of the Housing Strategy. This action should be a short term in nature and achieved within one year of adoption of the Strategy. Page 55 of 68F-2022-45 - Attachment 4 - Niagara Falls Housing Strategy (PBD-2022-18) F-2022-45 August 9, 2022 Page 111 of 131Page 828 of 1156 CITY OF NIAGARA FALLS HOUSING STRATEGY 47 4.6 Monitor and Report on an Ongoing Basis to Measure the Efficacy of Implementation of the Housing Strategy, Address Emerging Housing Needs and Ensure Actions are met Within the Stated Timeframes 4.6.1 Overview Lower-tier municipalities play a critical role in the provision of housing through Official Plan policies and strategic goals. In implementing the Housing Strategy, the City will need to apply an enhanced focus on monitoring and policy support, specifically through the Official Plan as well as with City led initiatives for tracking. The findings of the Housing Needs and Supply Report note that there is a greater need for affordable housing in the City than other parts of the Region. Within the other themes, there are actions aimed at introducing targets and policies to improve housing choice and affordability. Without monitoring and tracking at the City level on housing and affordability, in various forms, such as second suites, there are challenges in understanding progress and target achievement. In order to better track the achievement of the targets to be established and implemented through the housekeeping amendment mentioned previously in this Housing Strategy , there is a need for a comprehensive monitoring program to complement the policy pieces implemented in other actions. The actions set out in Section 3.6.2 have been identified with the intent to support this. 4.6.2 Actions Action #19: Develop a Monitoring Program for Second Suites As noted previously, the Housing Needs and Supply Report found that Secondary suites provide efficient opportunities for affordable housing options within existing dwellings and within already developed areas and areas where new developments will take place; however, there is currently no information related to the actual quantum of these units on the ground as the City does not track this information. The City should establish strategic criteria to monitor and review on an annual basis to be presented in a staff report to Council for consideration. Page 56 of 68F-2022-45 - Attachment 4 - Niagara Falls Housing Strategy (PBD-2022-18) F-2022-45 August 9, 2022 Page 112 of 131Page 829 of 1156 CITY OF NIAGARA FALLS HOUSING STRATEGY 48 This monitoring program should be developed in short-term, with the actual monitoring and tracking to be an ongoing action and responsibility of staff. This may be challenging with existing staff resources and would require assigning a dedicated staff resource to focus on implementing housing initiatives. Uptake on any second unit incentives and the development of second suites should be reported to Council on an annual basis and could form part of the monitoring report ident ified in Action # 20. Action #20: Develop an Annual Housing and Affordable Housing Monitoring and Reporting System to Council. The City currently reports to Council on the following growth-related items on an annual basis. In implementing the housing st rategy, a number of new targets have been identified which will require reporting and monitoring. These should be rolled into the City’s annual report to Council. A housing and affordable housing monitoring and reporting system would include an annual report (written by Staff) that would be presented to the Committee of the Whole / Council and made available for download in the Planning and Development section of the municipal website. The purpose of the report would be to identify various factors of the previous year’s new residential development, such as: o Annual number secondary dwelling units; o Annual number and average affordable rental dwelling units and by type of dwelling o Municipal, Region, Provincial and Federal housing and affordable incentives utilized (how, what, where and why); o Location of affordable housing and rental housing; o Identifiable trends, emerging issues, and possible new options and alternative strategies to assist with enhancing affordable housing opportunities; and o Updates on affordable housing and related funding opportunities that are provided through CMHC (e.g., via CMHC’s Affordable Housing E-Newsletter). In order to provide a more robust picture of the state of housing in the City, it is recommended that the City make r equest for the routine release of rental-related data by Municipal Property Assessment Corporation (MPAC) and Canadian Mortgage Housing Corporation (CMHC) rental reports to the City. If achieved, the City could more easily calculate accurate market rents to develop stronger affordable housing policies that are more reflective of the local context over the longer-term. Page 57 of 68F-2022-45 - Attachment 4 - Niagara Falls Housing Strategy (PBD-2022-18) F-2022-45 August 9, 2022 Page 113 of 131Page 830 of 1156 CITY OF NIAGARA FALLS HOUSING STRATEGY 49 This monitoring program should be developed in short-term, with the actual monitoring and tracking to be an ongoing action and responsibility of staff. An annual report to Council should also be brought forward. This may be challenging with existing staff resources and would require assigning a dedicated staff resource to focus on implementing housing initiatives . Action #21: Review and Update the Housing Strategy Every 5 years. This Housing Strategy is not intended to be a static document. Information on the success of the Strategy to date and areas required to be revised or implemented through other policy tools should be comprehensively reviewed and assessed as the housing needs of the City’s residents may change over time. Given that the 2021 federal census collection of data is currently underway, once new data is released, it will be important to re-examine and potentially update the housing affordability targets over the longer-term, as part of a broader review and update of the Housing Strategy to ensure it is responsive to any changes. This action should be executed in the long term, and then on a 5- year cycle thereafter. Page 58 of 68F-2022-45 - Attachment 4 - Niagara Falls Housing Strategy (PBD-2022-18) F-2022-45 August 9, 2022 Page 114 of 131Page 831 of 1156 CITY OF NIAGARA FALLS HOUSING STRATEGY 50 5 ACTION PLAN The Action Plan presented on the following page(s) provides a summary of all the actions set out in this Housing Strategy for eas y reference. It can be used to track progress, monitor achievements and ensure accountability in implementing the Housing Strat egy. The top six (6) priority recommended actions are highlighted below:  Allocate Appropriate Staff Resources to Implement and Administer the Housing Strategy and Associated Actions;  Preserve existing purpose-built rental housing stock through the introduction of demolition and conversion control policies as well as a rental replacement by-law;  Develop a City-wide Community Improvement Plan for Affordable Rental Housing;  Provide opportunities for the creation and ongoing monitoring of second units;  Review possible exemptions to City fees and property taxes to support the provision of new long-term affordable housing; and,  Explore private workforce housing for hospitality and tourism employees Page 59 of 68F-2022-45 - Attachment 4 - Niagara Falls Housing Strategy (PBD-2022-18) F-2022-45 August 9, 2022 Page 115 of 131Page 832 of 1156 CITY OF NIAGARA FALLS HOUSING STRATEGY 51 THEME AREA Recommended Action Link to Goal Scope of Work Responsibility Timeframe ESTABLISH AFFORDABLE HOUSING TARGETS Action #1: Update the City’s Official Plan to include Affordable Housing Target(s)  Goal 1: Housing for all  Goal 4: Develop an understanding of the City’s housing system Housekeeping OPA Housing Strategy Consultants Action #2: Update the City’s Official Plan to include a framework for achieving the Affordable Housing Target(s)  Goal 1: Housing for all  Goal 4: Develop an understanding of the City’s housing system Housekeeping OPA Housing Strategy Consultants PROMOTE A GREATER VARIETY OF DWELLING TYPES Action #3: Support and permit higher-density types of housing  Goal 1: Housing for all  Goal 2: Diversify the City’s Housing Supply City’s Official Plan Review/ Regional conformity exercise City Action #4: Support and permit alternate forms of housing  Goal 1: Housing for all  Goal 2: Diversify the City’s Housing Supply  Goal 3: Remove Barriers to the creation of a range and mix of housing types, including alternative forms of housing City’s Official Plan Review/ Regional conformity exercise Implementing zoning regulations as part of a Comprehensive Zoning- bylaw process City Immediately following the Official Plan Review / Regional conformity exercise Action #5: Provide opportunities for the creation and ongoing monitoring of second units  Goal 1: Housing for all  Goal 2: Diversify the City’s Housing Supply  Goal 3: Remove Barriers to the creation of a range and mix of housing types, including alternative forms of housing Housekeeping OPA Develop a monitoring and tracking plan for secondary suites Housing Strategy Consultants City Action #6: Preserve existing purpose-built rental housing stock through the introduction of demolition and conversion control  Goal 1: Housing for all  Goal 2: Diversify the City’s Housing Supply City’s Official Plan Review/ Regional conformity exercise City Short 0-2 years Medium 3-5 years Long 5-10 years Notes: Timeframe Page 60 of 68F-2022-45 - Attachment 4 - Niagara Falls Housing Strategy (PBD-2022-18) F-2022-45 August 9, 2022 Page 116 of 131Page 833 of 1156 CITY OF NIAGARA FALLS HOUSING STRATEGY 52 THEME AREA Recommended Action Link to Goal Scope of Work Responsibility Timeframe ENSURE A HEALTHY SUPPLY OF RENTAL UNITS policies as well as a rental replacement by-law  Goal 3: Remove Barriers to the creation of a range and mix of housing types, including alternative forms of housing Action #7: Undertake a formal assessment of the potential to introduce Inclusionary Zoning  Goal 1: Housing for all  Goal 2: Diversify the City’s Housing Supply  Goal 3: Remove Barriers to the creation of a range and mix of housing types, including alternative forms of housing Assessment report on Inclusionary Zoning as part of the City’s Official Plan Review/ Regional conformity exercise City (would likely need to obtain a qualified consultant to complete an assessment report) Action #8: Explore the Formalization of the use of Motels as Long-term Stay Accommodation  Goal 1: Housing for all  Goal 2: Diversify the City’s Housing Supply Introducing Single Room Occupancy to the Official Plan and Zoning By-law City INCREASE PUBLIC EDUCATION AND PROVIDE ADVOCACY FOR PARTNERSHIPS Action #9: Develop an understanding of upper level government housing programs (Regional, provincial, federal)  Goal 1: Housing for all  Goal 2: Diversify the City’s Housing Supply  Goal 3: Remove Barriers to the creation of a range and mix of housing types, including alternative forms of housing  Goal 4: Develop an understanding of the City’s housing system Research and analysis City Action #10: Clearly Define the City’s Role and Responsibility in Supporting Housing Affordability  Goal 1: Housing for all  Goal 2: Diversify the City’s Housing Supply  Goal 3: Remove Barriers to the creation of a range and mix of housing types, including alternative forms of housing  Goal 4: Develop an understanding of the City’s housing system Housekeeping OPA Housing Strategy Consultants Action #11: Develop a policy to review all surplus municipal land for housing suitability  Goal 1: Housing for all  Goal 4: Develop an understanding of the City’s housing system Research and Analysis; Policy Development City Short 0-2 years Medium 3-5 years Long 5-10 years Notes: Timeframe Page 61 of 68F-2022-45 - Attachment 4 - Niagara Falls Housing Strategy (PBD-2022-18) F-2022-45 August 9, 2022 Page 117 of 131Page 834 of 1156 CITY OF NIAGARA FALLS HOUSING STRATEGY 53 THEME AREA Recommended Action Link to Goal Scope of Work Responsibility Timeframe Action #12: Create a database of non-profits and other community groups with land suitable for housing  Goal 1: Housing for all  Goal 2: Diversify the City’s Housing Supply  Goal 3: Remove Barriers to the creation of a range and mix of housing types, including alternative forms of housing Research and Analysis; Technical Development City Action #13: Explore private workforce housing for hospitality and tourism employees  Goal 1: Housing for all  Goal 2: Diversify the City’s Housing Supply  Goal 4: Develop an understanding of the City’s housing system Research and Analysis; Policy Development City (may need to obtain assistance from a qualified consultant with experience on this matter) Action #14: Create an affordable housing information online portal  Goal 1: Housing for all  Goal 4: Develop an understanding of the City’s housing system Research and Analysis; Technical Development City Action #15: Reduce potential for NIMBYism associated with affordable housing developments  Goal 1: Housing for all  Goal 2: Diversify the City’s Housing Supply  Goal 3: Remove Barriers to the creation of a range and mix of housing types, including alternative forms of housing  Goal 4: Develop an understanding of the City’s housing system Research and Analysis; Technical Development City PROVIDE A VARIETY OF FINANCIAL INCENTIVES TO PROMOTE AND FACILITATE THE DEVELOPMENT OF Action #16: Review possible exemptions to City fees and property taxes to support the provision of new long-term affordable housing.  Goal 1: Housing for all  Goal 3: Remove Barriers to the creation of a range and mix of housing types, including alternative forms of housing  Goal 4: Develop an understanding of the City’s housing system Research and Analysis; Policy Development City (may need to obtain assistance from a qualified consultant with experience on this matter) Action #17: Develop a City-wide Community Improvement Plan for Affordable Rental Housing.  Goal 1: Housing for all  Goal 2: Diversify the City’s Housing Supply  Goal 3: Remove Barriers to the creation of a range and mix of housing types, including alternative forms of housing Research and Analysis; Policy Development City (may need to obtain assistance from a qualified consultant with experience on this matter) Action #18: Allocate Appropriate Staff Resources to Implement and Administer the  Goal 1: Housing for all N/A City Short 0-2 years Medium 3-5 years Long 5-10 years Notes: Timeframe Page 62 of 68F-2022-45 - Attachment 4 - Niagara Falls Housing Strategy (PBD-2022-18) F-2022-45 August 9, 2022 Page 118 of 131Page 835 of 1156 CITY OF NIAGARA FALLS HOUSING STRATEGY 54 THEME AREA Recommended Action Link to Goal Scope of Work Responsibility Timeframe AFFORDABLE AND RENTAL HOUSING Housing Strategy and Associated Actions  Goal 4: Develop an understanding of the City’s housing system MONITOR AND REPORT Action #19: Develop a monitoring program in the medium to long term for Second Units  Goal 1: Housing for all  Goal 2: Diversify the City’s Housing Supply  Goal 3: Remove Barriers to the creation of a range and mix of housing types, including alternative forms of housing  Goal 4: Develop an understanding of the City’s housing system Research and Analysis; Technical Development; Reporting City Action #20: Develop an annual housing and affordable housing monitoring and reporting system to Council.  Goal 4: Develop an understanding of the City’s housing system Research and Analysis; Technical Development; Reporting City Action #21: Review and update the Housing Strategy every 5 years.  Goal 1: Housing for all  Goal 2: Diversify the City’s Housing Supply  Goal 3: Remove Barriers to the creation of a range and mix of housing types, including alternative forms of housing  Goal 4: Develop an understanding of the City’s housing system Research and Analysis; Reporting City (may require obtaining a consultant to assist with the review) Short 0-2 years Medium 3-5 years Long 5-10 years Notes: Timeframe Page 63 of 68F-2022-45 - Attachment 4 - Niagara Falls Housing Strategy (PBD-2022-18) F-2022-45 August 9, 2022 Page 119 of 131Page 836 of 1156 CITY OF NIAGARA FALLS HOUSING STRATEGY 55 APPENDIX A: INCLUSIONARY ZONING REGULATIONS IN ONTAR IO Page 64 of 68F-2022-45 - Attachment 4 - Niagara Falls Housing Strategy (PBD-2022-18) F-2022-45 August 9, 2022 Page 120 of 131Page 837 of 1156 CITY OF NIAGARA FALLS HOUSING STRATEGY 56 Ontario regulation 232/18 made under the Planning Act Made: April 11, 2018 Filed: April 11, 2018 Published on e-Laws: April 11, 2018 Printed in The Ontario Gazette: April 28, 2018 Inclusionary Zoning Definitions 1. In this Regulation, “inclusionary zoning by-law” means a by-law passed under section 34 of the Act to give effect to the policies described in subsection 16 (4) of the Act; (“règlement municipal relatif au zonage d’inclusion”) “non-profit housing provider” means, (a) a corporation without share capital to which the Corporations Act applies, that is in good standing under that Act and whose primary object is to provide housing, (b) a corporation without share capital to which the Canada Business Corporations Act applies, that is in good standing under that Act and whose primary object is to provide housing, (c) a non-profit housing co-operative that is in good standing under the Co-operative Corporations Act, or (d) an organization that is a registered charity within the meaning of the Income Tax Act (Canada) or a non-profit organization exempt from tax under paragraph 149 (1) (l) of that Act, and whose land is owned by the organization, all or part of which is to be used as affordable housing; (“fournisseur de logements sans but lucratif”) “offsite unit” means an affordable housing unit that is required in an inclusionary zoning by-law and that is erected or located in or on lands, buildings or structures other than those that are the su bject of the development or redevelopment giving rise to the by-law requirement for affordable housing units. (“logement hors site”) Assessment report 2. (1) An assessment report required by subsection 16 (9) of the Act shall include information to be considered in the development of official plan policies described in subsection 16 (4) of the Act, including the following: 1. An analysis of demographics and population in the municipality. 2. An analysis of household incomes in the municipality. 3. An analysis of housing supply by housing type currently in the municipality and planned for in the official plan. 4. An analysis of housing types and sizes of units that may be needed to meet anticipated demand for affordable housing. 5. An analysis of the current average market price and the current average market rent for each housing type, taking into account location in the municipality. 6. An analysis of potential impacts on the housing market and on the financial viability of development or redevelopment in the municipality from inclusionary zoning by-laws, including requirements in the by- laws related to the matters mentioned in clauses 35.2 (2) (a), (b), (e) and (g) of the Act, taking into account: i. value of land, ii. cost of construction, iii. market price, Page 65 of 68F-2022-45 - Attachment 4 - Niagara Falls Housing Strategy (PBD-2022-18) F-2022-45 August 9, 2022 Page 121 of 131Page 838 of 1156 CITY OF NIAGARA FALLS HOUSING STRATEGY 57 iv. market rent, and v. housing demand and supply. 7. A written opinion on the analysis described in paragraph 6 from a person independent of the municipality and who, in the opinion of the council of the municipality, is qualified to review the analysis. (2) The analysis described in paragraph 6 of subsection (1) shall take into account the following related to growth and development in the municipality: 1. Provincial policies and plans. 2. Official plan policies. (3) An updated assessment report required by subsection 16 (10) or (11) of the Act shall contain the information specified in subsection (1). Official plan policies 3. (1) Official plan policies described in subsection 16 (4) of the Act shall set out the approach to authorizing inclusionary z oning, including the following: 1. The minimum size, not to be less than 10 residential units, of development or redevelopment to which an inclusionary zoning by-law would apply. 2. The locations and areas where inclusionary zoning by-laws would apply. 3. The range of household incomes for which affordable housing units would be provided. 4. The range of housing types and sizes of units that would be authorized as affordable housing units. 5. For the purposes of clause 35.2 (2) (a) of the Act, the number of affordable housing units, or the gross floor area to be occupied by the affordable housing units, that would be required. 6. For the purposes of clause 35.2 (2) (b) of the Act, the period of time for which affordable housing units would be maintained as affordable. 7. For the purposes of clause 35.2 (2) (e) of the Act, how measures and incentives would be determined. 8. For the purposes of clause 35.2 (2) (g) of the Act, how the price or rent of affordable housing units would be determined. 9. For the purposes of section 4, the approach to determine the percentage of the net proceeds to be distributed to the municipality from the sale of an affordable housing unit, including how net proceeds would be determined. 10. The circumstances in and conditions under which offsite units would be permitted, consistent with paragraphs 2, 3 and 4 of section 5. 11. For the purposes of paragraph 2 of section 5, the circumstances in which an offsite unit would be considered to be in proximity to the development or redevelopment giving rise to the by-law requirement for affordable housing units. (2) Official plan policies described in subsection 16 (4) of the Act shall set out the approach for the procedure required under subsection 35.2 (3) of the Act to monitor and ensure that the required affordable housing units are maintained for the required period of time. Page 66 of 68F-2022-45 - Attachment 4 - Niagara Falls Housing Strategy (PBD-2022-18) F-2022-45 August 9, 2022 Page 122 of 131Page 839 of 1156 CITY OF NIAGARA FALLS HOUSING STRATEGY 58 Net proceeds from sale of affordable housing unit 4. (1) An inclusionary zoning by-law may require a portion of the net proceeds from the sale of an affordable housing unit to be distributed to the municipality. (2) A by-law referred to in subsection (1) shall set out the percentage of the net proceeds to be distributed to the municipality, which shall not exceed 50 per cent. (3) If a by-law referred to in subsection (1) is in force, an agreement referred to in clause 35.2 (2) (i) of the Act shall provide that, where an affordable housing unit is sold, a percentage of the net proceeds from the sale shall be distributed to the municipality in accordance with the by-law. Restrictions on offsite units 5. The authority of a council of a municipality under clause 35.2 (5) (a) of the Act is subject to the following restrictions: i. Offsite units shall not be permitted unless there is an official plan in effect in the municipality that sets out the circums tances in and conditions under which offsite units would be permitted. ii. Offsite units shall be located in proximity to the development or redevelopment giving rise to the by -law requirement for affordable housing units. iii. The land on which the offsite units are situated shall be subject to an inclusionary zoning by-law. iv. Offsite units shall not be used to satisfy the by-law requirement to include a number of affordable housing units, or gross floor area to be occupied by affordable housing units, that applies to the development or redevelopment in which the offsite units are permitted. Restrictions on the use of s. 37 of the Act 6. The authority of a council of a municipality under section 37 of the Act is subject to the following restrictions and prohibitions: 1. Any increase in the height and density of a development or redevelopment permitted in return for facilities, services or matters under section 37 of the Act is deemed not to include: i. the height and density associated with the affordable housing units required in an inclusionary zoning by-law, ii. any increase in height and density permitted in an inclusionary zoning by-law as an incentive described in clause 35.2 (2) (e) of the Act. 2. For greater certainty, the council shall not use its authority under section 37 of the Act with respect to a development o r redevelopment giving rise to a by-law requirement for affordable housing units in an area in which a community planning permit system is established. Reports of municipal council 7. (1) For the purposes of subsection 35.2 (9) of the Act, if a council of a municipality passes an inclusionary zoning by-law, the council shall ensure that a report is prepared and made publicly available at least every two years. (2) The council shall ensure that each report describes the status of the affordable housing units required in the by-law, including the following information for each year that is the subject of the report: 1. The number of affordable housing units. 2. The types of affordable housing units. 3. The location of the affordable housing units. 4. The range of household incomes for which the affordable housing units were provided. 5. The number of affordable housing units that were converted to units at market value. 6. The proceeds that were received by the municipality from the sale of affordable housing units. Exemptions from inclusionary zoning by-law Page 67 of 68F-2022-45 - Attachment 4 - Niagara Falls Housing Strategy (PBD-2022-18) F-2022-45 August 9, 2022 Page 123 of 131Page 840 of 1156 CITY OF NIAGARA FALLS HOUSING STRATEGY 59 8. (1) An inclusionary zoning by-law does not apply to a development or redevelopment where, (a) the development or redevelopment contains fewer than 10 residential units; (b) the development or redevelopment is proposed by a non-profit housing provider or is proposed by a partnership in which, (i) a non-profit housing provider has an interest that is greater than 51 per cent, and (ii) a minimum of 51 per cent of the units are intended as affordable housing, excluding any offsite units that would be located in the development or redevelopment; (c) on or before the day an official plan authorizing inclusionary zoning was adopted by the council of the municipality, a request for an amendment to an official plan, if required, and an application to amend a zoning by-law were made in respect of the development or redevelopment along with an application for either of the following: (i) approval of a plan of subdivision under section 51 of the Act, or (ii) approval of a description or an amendment to a description under section 9 of the Condominium Act, 1998; or (d) on or before the day the inclusionary zoning by-law is passed, an application is made in respect of the development or redevelopment for a building permit, a development permit, a community planning permit, or approval of a site plan under subsection 41 (4) of the Act. (2) Despite clause (1) (b), an inclusionary zoning by-law applies to any offsite units that would be permitted in a development or redevelopment. 9. Clause (a) of the definition of “non-profit housing provider” in section 1 is revoked and the following substituted: (a) 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, Commencement 10. (1) Subject to subsection (2), this Regulation comes into force on the later of the day subsection 10 (1) of Schedule 4 to th e Promoting Affordable Housing Act, 2016 comes into force and the day this Regulation is filed. (2) Section 9 comes into force on the later of the day subsection 211 (1) of the Not -for-Profit Corporations Act, 2010 comes into force and the day this Regulation is filed. Made by: Pris par : Le ministre des Affaires municipales, Bill Mauro Minister of Municipal Affairs Date made: April 11, 2018 Pris le : 11 avril 2018 Page 68 of 68F-2022-45 - Attachment 4 - Niagara Falls Housing Strategy (PBD-2022-18) F-2022-45 August 9, 2022 Page 124 of 131Page 841 of 1156 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) “Attainable Housing” means an ownership or rental housing option that is affordable to households earning up to $95,891 per year, for which the sale price is at or below $499,440 for ownership options, and for which the rental rates are at $2,400 per month or below for rental options, with this household salary scale, purchase price level, and rental rate currently based on the City’s housing strategy prepared by Dillon Consulting and endorsed by Council on March 22, 2022, being subject to updates from time to time in accordance with updates to the City’s housing strategy and as otherwise permitted at law for the rental rate; (2) "Basement" means all portions of a Building below the first storey of a Building; (3) “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; (4) "Building Code Act" means the Building Code Act, 1992, S.O. 1992, c.23, as amended from time to time; F-2022-45 - Attachment 5 - CBC By-Law F-2022-45 August 9, 2022 Page 125 of 131 Page 842 of 1156 2 (5) "Building Permit" – means a permit issued under the Building Code Act, which permits the construction or change in use of a Building including but not limited to the construction of the foundation of a Building; (6) "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 by-law and with all technical requirements of the Building Code Act and includes payment of all applicable fees; (7) "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; (8) “Community Benefits Charge” means a charge imposed pursuant to this by-law; (9) "Community Benefits Strategy" means the community benefit strategy prepared pursuant to subsection 37(9) of the Act; (10) "Condominium Act" means the Condominium Act, 1998, S.O. 1998, c.19 as amended from time to time; (11) "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 exemptio n 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; and g. the issuing of a permit under the Building Code Act, in relation to a building or structure; but excludes development or redevelopment in accordance with Section 37(4) of the Planning Act, R.S.O. 1990, c. P.13, as amended. (12) "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; (13) "In-kind Contribution" means facilities, services or matters identified in a Community Benefits Strategy and required because of Development or F-2022-45 - Attachment 5 - CBC By-Law F-2022-45 August 9, 2022 Page 126 of 131 Page 843 of 1156 3 Redevelopment provided by an owner of land, in lieu of payment of a portion or all of the Community Benefits Charge otherwise applicable; (14) “Purpose-built Attainable Housing” means a development in which all or a portion of the Residential Units to be constructed will serve as Attainable Housing and where such housing is intended to be rental housing it shall be required to be maintained for a period of at least 20 years as rental housing with said period to be secured by an agreement with the City in a form satisfactory to the City Solicitor; (15) “Region” means the Regional Municipality of Niagara; (16) “Rental Housing” means a development in which all or a portion of the residential units to be constructed will serve as rental housing that is not considered Attainable Housing under this by-law for a period of at least 20 years with said period to be secured by an agreement with the City in a form satisfactory to the City Solicitor; (17) “Residential Gross Floor Area” means the Gross Floor Area of a building or structure that is developed for residential uses, including the Residential Units and associated common areas; (18) "Residential Unit" means a unit that: 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; (19) "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; (20) "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 at the expense of the owner or developer of the land and by an appraiser selected by the City. The value of the Gross Floor Area of the following areas shall be excluded from the Value of the Land used to determine the Community Benefit Charge payable: a. Any existing Residential Units that are not demolished on the land that is the subject of the development or redevelopment; and F-2022-45 - Attachment 5 - CBC By-Law F-2022-45 August 9, 2022 Page 127 of 131 Page 844 of 1156 4 b. Any existing non-residential use that is not demolished or converted to residential uses on the land that is the subject of the development or redevelopment. APPLICABLE LANDS 2. (1) Subject to subsections 2(2) and 2(3) 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. (3) The following are exempt from the payment of Community Benefit Charges under this by-law: a. Property excluded under section 1 of O. Reg. 509/20: Community Benefits Charges and Parkland made under the Planning Act, R.S.O. 1990, c. P.13.as amended; and b. Developments that have received funding through an agreement with Niagara Regional Housing or a designated agency of the Region as per the Region’s by-law 2017-98, Section 11(f). (4) Subject to subparagraph 2(6) of this by-law, where a development includes Attainable Housing, the percentage of the Residential Gross Floor Area which meets the definition of Attainable Housing as compared to the total Gross Floor Area, shall receive a credit equal to 100% of the value of any Community Benefit Charge payable under this by-law for that portion of the development that is developed for Attainable Housing. (5) Subject to subparagraph 2(6) of this by-law, where a development includes Rental Housing, the percentage of the Residential Gross Floor Area which meets the definition of Rental Housing as compared to the total Gross Floor Area, shall receive a credit equal to 50% of the value of any Community Benefit Charge payable under this by-law for that portion of the development that is developed for Rental Housing. (6) The City will at its discretion verify from time to time whether a development complies with the conditions for credits that are set out in subparagraphs 2(4) and 2(5) of this by-law. If during the term of any agreement with the City, a development no longer meets the conditions for a credit that are set out herein, then the credited portion of the Community Benefits Charge will become payable as appraised at the date of non-compliance. F-2022-45 - Attachment 5 - CBC By-Law F-2022-45 August 9, 2022 Page 128 of 131 Page 845 of 1156 5 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 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 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. TIMING OF CALCULATION AND PAYMENT 5. (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. (3) The Community Benefits Charge otherwise payable shall be reduced in accordance with any credits applicable as set out in subparagraphs 2(4) and 2(5) of this by-law. 6. F-2022-45 - Attachment 5 - CBC By-Law F-2022-45 August 9, 2022 Page 129 of 131 Page 846 of 1156 6 (1) Prior to the application for a Building Permit, the owner shall commission at its sole expense, an appraisal to determine the applicable Community Benefits Charge payable under this by-law. (2) All appraisals required under this by-law shall, a. be conducted by a certified professional appraiser designated as an Accredited Appraiser by the Appraisal Institute of Canada with experience appraising all types of real property; b. state the criteria used to determine the value presented in the appraisal; and c. remain valid for a maximum period of one (1) year from the appraisal date. (3) An appraisal that does not meet the requirements of section 7(2) of this by- law does not engage the valuation dispute resolution process in section 37 of the Act. (4) The appraisal valuation date of land subject to a charge under this by-law shall be the day before the day the required first Building Permit is issued for the Development or Redevelopment. 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 or credit under the provisions of this by-law. IN-KIND CONTRIBUTIONS 8. In the event that 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 F-2022-45 - Attachment 5 - CBC By-Law F-2022-45 August 9, 2022 Page 130 of 131 Page 847 of 1156 7 9. Within five years after this by-law is passed, 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 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 September 2022. ................................................................ ................................................................ WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR F-2022-45 - Attachment 5 - CBC By-Law F-2022-45 August 9, 2022 Page 131 of 131 Page 848 of 1156 MW-2022-21 Report Report to: Mayor and Council Date: August 9, 2022 Title: Hendershot Boulevard – Parking Control Review Recommendation(s) That the existing on-street parking on Hendershot Boulevard between Garner Road and Tapestry Court be maintained, except that 'No Parking' corner restrictions be established on: 1. both sides of Hendershot Boulevard between Garner Road and a point 22 metres west of Garner Road; and, 2. both sides of Ironwood Street between Hendershot Boulevard and a point 22 metres north of Hendershot Boulevard. Executive Summary At its meeting on January 18, 2022, City Council passed a motion to poll all neighbours of the Fernwood Subdivision to obtain feedback on potential parking restrictions on Hendershot Boulevard between Garner Road and Tapestry Court. The survey was carried out in February/March 2022. A total of 450 postcards were mailed to all residents of the Fern wood Subdivision. A response was received from 160 residents (36%), with the majority of those respondents preferring a parking restriction on one or both sides of the streets. However, there is no technical justification to restrict parking on this road segment, and the majority of respondents did not live within the affect area where the restriction were proposed. Staff is recommending that the existing parking permissions on Hendershot Boulevard between Garner Road and Tapestry Court largely continue status-quo. However, it is recommended that 'No Parking' corner restrictions be established on Hendershot Boulevard within 22 metres of the Garner Road, and on Ironwood Street within 22 metres to Hendershot Boulevard. These restrictions are meant to maintain clear sight lines and space for drivers to accomplish their turns at these intersections. Background The Fernwood Subdivision is located on the west side of Garner Road, north of Lundy’s Lane. The subdivision contains approximately 450 households via a mix of single-family dwellings, on-street townhouses, and four block condominium townhouses. The Page 1 of 5 Page 849 of 1156 subdivision has a single entry/exit from/to Garner Road via Hendershot Boulevard with an emergency access via Lundy’s Lane west of the rail tracks. Hendershot Boulevard is a minor collector road with a 9.15 metre pavement width, extending in a general east/west direction from Garner Road to Osprey Avenue. In the study area, between Tapestry Court and Garner Road, the roadway has a predominantly level alignment, with a slight reverse curve so that the road meets with Garner Road at a right angle. The legal speed limit of Hendershot Boulevard is 50 km/h. On-street parking is permitted on both sides of Hendershot Boulevard except within 25 metres of the intersection of Hendershot Boulevard and Tapestry Court. This is due to curb extensions narrowing Hendershot Boulevard at the intersection and acts as a speed control device. 2021 Parking and Speed Control Study results: A parking review was completed in the summer of 2021 at the request of two residents within the Fernwood Subdivision. The study revealed that there were approximately two (2) vehicles typically parked on Hendershot Boulevard between Garner Road and Tapestry Court during the daytime and evening time. At the time, a resident was having their driveway finished and extra vehicles belonging to the construction company was present. The resident had to park on the street for a temporary period as the concrete cured. Vehicles were not observed to be parked on both sides directly across from another. Observations also revealed low pedestrian activity and minimal sightline impediments despite the presence of parked vehicles. There were no traffic operational issues being seen during the site visits. A collision analysis on Hendershot Boulevard revealed that a collision problem does not exist on this roadway or in Fernwood Subdivision. There have been no collisions reported on Hendershot Boulevard between Garner Road and Tapestry Court or at the intersection with Tapestry Court based on a review for the previous three-year period. A traffic count in September 2021 revealed that Hendershot Boulevard between Tapestry Court and Garner Road carries approximately 3,000 vehicles per day with upwards of 300 cars during the peak hour. Speed studies carried out on Hendershot Boulevard between Garner Road and Tape stry Court revealed that the operating speed is 46 km/h in the eastbound direction and 48 km/h in the westbound direction. Per City policy, the warranting criteria for speed mitigation, through the installation of traffic calming devices, is met when opera ting speeds exceed the speed limit by more than 10 km/h. Given the 50 km/h speed limit, and the fact that the operating speed is below the speed limit, the warranting criteria has not been fulfilled for additional speed control measures. School buses stop on Hendershot Boulevard just west of Tapestry Court within the existing No Stopping zone to discharge passengers in the afternoon. The buses were not impeded by parked cars. A total of 6 buses were observed in the afternoon. In September 2021, the initial questionnaire was distributed to the 17 affected residents on Hendershot Boulevard between Garner Road and Tapestry Court for input and Page 2 of 5 Page 850 of 1156 comments for changing of parking control. Nine (9) responses were received, with seven (7) respondents identifying that they prefer the status quo. Typically, parking control changes for road segments are recommended when the response rate exceeds 60% and there is a consensus amongst the residents in the absence of a safety issue. Analysis February 2022 Neighbourhood Questionnaire Per Council’s direction, a postcard was mailed to all 450 Fernwood Subdivision residents in late February 2022, inviting their input and comments. A response to the postcard mailout was received from 160 residents, representing a 35% response rate. In summary: • 290 residents (64%), did not respond/ provide input; • 104 residents (23%) identified that parking should be restricted on both sides of Hendershot Boulevard between Garner Road and Tapestry Court; • 38 residents (8%) responded that parking should be restricted on one side of the road; and • 18 residents (4%) would like to maintain the existing on-street parking on both sides of the road. It is important to note that most residents who live within the affected section of Hendershot Boulevard voted to maintain the existing parking control on this roadway. Residents of Fernwood Subdivision also raised concerns about other safety issues such as the single entry of the subdivision, the curve and curb extension on Hendershot Boulevard, vehicles parked near intersections, winter parking near the skating rink, reduced sight lines at intersections, and the location of the community mailbox just e ast of the intersection of Tapestry Court and Hendershot Boulevard. There is no technical justification to restrict parking on the entire length of one or both sides of the road segment. The road is a collector road and is wider than a typical neighbourhood road. On-street parking on Hendershot Boulevard creates "friction" along a street which calms traffic. The slight curvature as drivers approach Garner Road encourages motorists to reduce their speed when negotiating the curve. These factors help in keeping the operating speed below the existing 50 km/h speed limit. The road width allows for an approximate 5.0 metre clearance when cars are parked on both sides of the road. This enables bidirectional travel at lower speeds. However, it is acceptabl e on neighbourhood roads for one driver to yield to another prior to proceeding. If parking is to be restricted, it could result in increased operating speeds. This creates a potential risk to non-motorized street users, such as children crossing the roa d to and from the school bus stop. Finally, residents and their guests who would not longer be able to park Page 3 of 5 Page 851 of 1156 in front of their home would migrate onto neighbouring road segments which may spur other parking-related complaints. Staff is recommending that the existing parking permissions on Hendershot Boulevard between Garner Road and Tapestry Court largely continue status-quo. However, it is recommended that a parking prohibition be established on Hendershot Boulevard within 22 metres of the Garner Road. Several concerns were raised with drivers parking on both sides of Ironwood Street close to Hendershot Boulevard in the winter, as persons used the skating rink. To that end, a corner parking restriction is recommended on Ironwood Street within 22 metres to Hendershot Boulevard. These restrictions are meant to maintain clear sight lines and space for drivers to accomplish their turns at these intersections. Financial Implications/Budget Impact The installation of the signs is to be carried out by Municipal Works - Transportation Services staff. The labour and material costs are accounted for in the approved 2022 General Purposes Budget. It is estimated that the cost to install the signs is approximately $600. Strategic/Departmental Alignment Encourage multi-modal travel and active transportation initiatives, and enhance motorist, cyclist, and pedestrian safety. List of Attachments MW-2022-21 Hendershot Boulevard – Parking Control Review_ ATT 1 Written by: Mathew Bilodeau, Manager of Transportation Engineering Submitted by: Status: Erik Nickel, Director of Municipal Works Approved - 05 Aug 2022 Jason Burgess, CAO Approved - 05 Aug 2022 Page 4 of 5 Page 852 of 1156 MW-2022-21 April 12, 2022 New Parking Restriction Existing Stopping Restriction Attachment 1 - Parking Restriction Map Page 5 of 5Page 853 of 1156 F-2022-38 Report Report to: Mayor and Council Date: August 9, 2022 Title: Tax Receivables Monthly (June) Recommendation(s) That Council receive the Monthly Tax Receivables report for information purposes. Executive Summary This report is prepared monthly to provide Council with an update on the City’s property tax receivables. Outstanding taxes as at June 30, 2022 were $24.4 million compared to $31.2 million in 2021. During June, tax receivables as a percentage of taxes billed decreased from 38.8% in 2021 to 34.7% in 2022. The City’s finance staff has begun the collection process for properties that are subject to registrat ion for 2022 as well as continuing the collection process for properties that were subject to registration for 2021. There are currently nineteen properties scheduled for tax sale in the next two years. Background This report is being provided as part of the monthly financial reporting to Council by staff. Analysis Tax collection for 2022 is ahead of the collection history for 2021 for the month of June. Table 1 shows that taxes outstanding at June 30, 2022 are $24.4 million. This represents a decrease from $31.2 million in arrears for the same period in 2021. This table also breaks down the taxes outstanding by year. Finance staff continues to actively pursue property owners in arrears. Table 2 provides the breakdown of outstanding taxes by asse ssment class. The majority of outstanding taxes are for the residential and commercial property classes. Residential property taxes outstanding have increased by $1.8 million compared to June 2021, and commercial property taxes outstanding have decreased by $7.0 million compared to June 2021. Finance staff takes specific collection actions for properties that are subject to registration. At January 1, 2022, 225 properties were subject to registration for 2022. Table 3 summarizes the progress of these actions after six months of activity. This table shows 92.0% of the tax accounts or 207 properties have been paid in full or the owners have made suitable payment arrangements. During June, three accounts were paid in full. Page 1 of 4 Page 854 of 1156 Table 4 identifies the properties and associated tax arrears scheduled for tax sales in the future. During the month of June, no properties were registered. The outstanding taxes for registered properties represent 1.08% of the total taxes to be collected. Financial Implications/Budget Impact Tax arrears as a percentage of taxes billed in a year is a performance measure that stakeholders utilize to analyse an organization’s financial strengths. Niagara Falls, due to its high reliance on commercial assessment, is traditionally higher compared to municipalities of similar size. The percentage of taxes outstanding to taxes billed as at June 30, 2022 is 34.7%, which is a decrease of 2021’s value at 38.8%. The municipality has a record of full collection and earns penalty revenues to offset the higher measure. List of Attachments F-2022-38 - Attachment Written by: Stephanie Young, Water Tax Administrator Jon Leavens, Acting Director of Finance Submitted by: Status: Jon Leavens, Acting Director of Finance Approved - 02 Aug 2022 Jason Burgess, CAO Approved - 02 Aug 2022 Page 2 of 4 Page 855 of 1156 TABLE 1 Taxes Receivable at June 30, 2022 2022 2021 Outstanding Taxes @ May 31, 2022 20,343,907$ 28,086,021$ Taxes Billed and Due June 30 33,181,591$ 31,481,730$ Penalty/Interest charged in June 220,706$ 109,647$ Taxes Collected during June 29,325,472$ 28,429,990$ Outstanding Taxes @ June 30, 2022 24,420,732$ 31,247,408$ Taxes Billed and Due September 30 33,181,591$ 31,481,730$ Total Taxes to be Collected 57,602,323$ 62,729,138$ Outstanding Taxes by Year: 3 Years and Prior 1,477,117$ 2,001,854$ 2 Year 1,963,541$ 2,357,236$ 1 Year 5,293,591$ 7,274,037$ Current 48,868,075$ 51,096,011$ Total 57,602,323$ 62,729,138$ TABLE 2 2022 2021 Variance Taxes Owing Taxes Owing ($) Residential 50,310,707$ 48,536,883$ 1,773,824$ Multi-Residential 105,614$ 84,114$ 21,500$ Commercial 6,500,459$ 13,492,615$ (6,992,156)$ Industrial 539,626$ 475,420$ 64,206$ Farmlands 145,916$ 140,105$ 5,811$ Total Receivables 57,602,323$ 62,729,138$ (5,126,815)$ Taxes Receivable by Property Class at June 30, 2022 Page 3 of 4 Page 856 of 1156 TABLE 3 Number of Properties Subject to % Registration as at June 30, 2022 Initial Amount (January 1, 2022)225 Paid in Full 80 35.6% Payment Arrangements 127 56.4% Ongoing Collection Action 18 8.0% Registered 0 0.0% 225 100.0% TABLE 4 July 2022 3 21,684$ November 2022 1 180,810$ May 2023 15 420,310$ Totals 19 622,804$ Scheduled Tax Sales Dates for Registered Properties Number of Properties Taxes Outstanding Amount Page 4 of 4 Page 857 of 1156 F-2022-39 Report Report to: Mayor and Council Date: August 9, 2022 Title: Corporation of the City of Niagara Falls, Ontario – Trust Funds Financial Statements December 31, 2021 Recommendation(s) That Council approve the draft trust funds financial statements for the year ended, December 31, 2021, the 2021 draft post-audit letter and the 2021 draft management letter. Executive Summary The City’s auditors, Crawford, Smith & Swallow, has completed the audit of the trust funds financial statements for the year ending December 31, 2021. This report is the presentation of those statements for Council’s review and endorsement. The statements are presented in draft form so that Council can approve them. The statements will then be finalized and published. Background The City of Niagara Falls is required to have an annual audit conducted by a qualified accounting firm to meet its obligations legislatively and for the banking covenants. The City has engaged Crawford, Smith & Swallow to perform the audit and they have issued an opinion on the financial statements. List of Attachments (Draft) Audited Corporation of the City of Niagara Falls, Ontario - Trust Funds Financial Statements December 31, 2021 2021 Draft Trust Funds Management Letter 2021 Draft Trust Funds Post Audit Letter Written by: James Dowling, Manager of Capital Accounting Submitted by: Status: Jon Leavens, Acting Director of Finance Approved - 02 Aug 2022 Page 1 of 18 Page 858 of 1156 Jason Burgess, CAO Approved - 02 Aug 2022 Page 2 of 18 Page 859 of 1156 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO - TRUST FUNDS Financial Statements December 31, 2021 DRAFTPage 3 of 18 Page 860 of 1156 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO - TRUST FUNDS Financial Statements December 31, 2021 Table of Contents Page Management Report 1 Independent Auditors' Report 2-4 Statement of Financial Position 5 Statement of Financial Activities and Changes in Fund Balances 6 Notes to Financial Statements 7 DRAFTPage 4 of 18 Page 861 of 1156 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO - TRUST FUNDS MANAGEMENT REPORT December 31, 2021 The accompanying financial statements of the Corporation of the City of Niagara Falls, Ontario - Trust Funds (the "Municipality") are the responsibility of the Municipality's management and have been prepared in accordance with Canadian public sector accounting standards established by the Public Sector Accounting Board of the Chartered Professional Accountants of Canada, as described in Note 1 to the financial statements. The preparation of financial statements necessarily involves the use of estimates based on management's judgement, particularly when transactions affecting the current accounting period cannot be finalized with certainty until future periods. Municipality management maintains a system of internal controls designed to provide reasonable assurance that assets are safeguarded, transactions are properly authorized and recorded in compliance with legislative and regulatory requirements and reliable financial information is available on a timely basis for preparation of the financial statements. These systems are monitored and evaluated by management. Council meets with management and the external auditors to review the financial statements and discuss any significant financial reporting or internal control matters prior to their approval of the financial statements. The financial statements have been audited by Crawford Smith & Swallow Chartered Professional Accountants LLP, independent external auditors appointed by the Municipality. The accompanying Independent Auditors' Report outlines their responsibilities, the scope of their examination and their opinion on the Municipality's financial statements. ________________________________________________________ Jim Diodati Jason Burgess Mayor Chief Administrative Officer August XX, 2022 August XX, 2022 1DRAFT Page 5 of 18 Page 862 of 1156 INDEPENDENT AUDITORS' REPORT To the Members of Council, Inhabitants and Ratepayers of the Corporation of the City of Niagara Falls, Ontario - Trust Funds Opinion We have audited the accompanying financial statements of the Corporation of the City of Niagara Falls, Ontario - Trust Funds, which comprise the statement of financial position as at December 31, 2021, and the statement of financial activities and changes in fund balances for the year then ended, and notes to the financial statements, including a summary of significant accounting policies. In our opinion, the accompanying financial statements present fairly, in all material respects, the financial position of the Corporation of the City of Niagara Falls, Ontario - Trust Funds as at December 31, 2021, and the results of its operations and changes in fund balances for the year then ended in accordance with Canadian public sector accounting standards. Basis for Opinion We conducted our audit in accordance with Canadian generally accepted auditing standards. Our responsibilities under those standards are further described in the Auditors' Responsibilities for the Audit of the Financial Statements section of our report. We are independent of the organization in accordance with the ethical requirements that are relevant to our audit of the financial statements in Canada, and we have fulfilled our other ethical responsibilities in accordance with these requirements. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our opinion. Responsibilities of Management and Those Charged with Governance for the Financial Statements Management is responsible for the preparation and fair presentation of these financial statements in accordance with Canadian public sector accounting standards, and for such internal control as management determines is necessary to enable the preparation of financial statements that are free from material misstatement, whether due to fraud or error. 2DRAFT Page 6 of 18 Page 863 of 1156 In preparing the financial statements, management is responsible for assessing the organization's ability to continue as a going concern, disclosing, as applicable, matters related to going concern and using the going concern basis of accounting unless management either intends to liquidate the organization or to cease operations, or has no realistic alternative but to do so. Those charged with governance are responsible for overseeing the organization's financial reporting process. Auditors' Responsibilities for the Audit of the Financial Statements Our objectives are to obtain reasonable assurance about whether the financial statements as a whole are free from material misstatement, whether due to fraud or error, and to issue an auditors' report that includes our opinion. Reasonable assurance is a high level of assurance, but is not a guarantee that an audit conducted in accordance with Canadian generally accepted auditing standards will always detect a material misstatement when it exists. Misstatements can arise from fraud or error and are considered material if, individually or in the aggregate, they could reasonably be expected to influence the economic decisions of users taken on the basis of these financial statements. As part of an audit in accordance with Canadian generally accepted auditing standards, we exercise professional judgment and maintain professional skepticism throughout the audit. We also: a)Identify and assess the risks of material misstatement of the financial statements, whether due to fraud or error, design and perform audit procedures responsive to those risks, and obtain audit evidence that is sufficient and appropriate to provide a basis for our opinion. The risk of not detecting a material misstatement resulting from fraud is higher than for one resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentations, or the override of internal control. b)Obtain an understanding of internal control relevant to the audit in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the organization's internal control. c)Evaluate the appropriateness of accounting policies used and the reasonableness of accounting estimates and related disclosures made by management. d)Conclude on the appropriateness of management's use of the going concern basis of accounting and, based on the audit evidence obtained, whether a material uncertainty exists related to events or conditions that may cast significant doubt on the organization's ability to continue as a going concern. If we conclude that a material uncertainty exists, we are required to draw attention in our auditors' report to the related disclosures in the financial statements or, if such disclosures are inadequate, to modify our opinion. Our conclusions are based on the audit evidence obtained up to the date of our auditors' report. However, future events or conditions may cause the organization to cease to continue as a going concern. e)Evaluate the overall presentation, structure and content of the financial statements, including the disclosures, and whether the financial statements represent the underlying transactions and events in a manner that achieves fair presentation. We communicate with those charged with governance regarding, among other matters, the planned scope and timing of the audit and significant audit findings, including any significant deficiencies in internal control that we identify during our audit. 3DRAFT Page 7 of 18 Page 864 of 1156 We also provide those charged with governance with a statement that we have complied with relevant ethical requirements regarding independence, and to communicate with them all relationships and other matters that may reasonably be thought to bear on our independence, and where applicable, related safeguards. Niagara Falls, Ontario August XX, 2022 CRAWFORD SMITH & SWALLOW CHARTERED PROFESSIONAL ACCOUNTANTS LLP LICENSED PUBLIC ACCOUNTANTS 4DRAFT Page 8 of 18 Page 865 of 1156 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO - TRUST FUNDS STATEMENT OF FINANCIAL POSITION December 31, 2021 (In thousands of dollars) Cemetery Perpetual Total Care Other $$$ Assets Cash 894 882 12 Investments - note 2 Federal 1,522 1,522 Provincial 1,235 1,235 Corporate 925 924 1 3,682 3,681 1 Due from Municipality operating fund 238 192 46 4,814 4,755 59 Liabilities and Fund Balances Fund balances 4,814 4,755 59 4,814 4,755 59 . Signed on behalf of the Municipality: _____________________________ Mayor _____________________________ Chief Administrative Officer See accompanying notes 5DRAFT Page 9 of 18 Page 866 of 1156 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO - TRUST FUNDS STATEMENT OF FINANCIAL ACTIVITIES AND CHANGES IN FUND BALANCES for the year ended December 31, 2021 (In thousands of dollars) Cemetery Perpetual Total Care Other $$$ Balance, Beginning of Year 4,513 4,500 13 Receipts Cemetery lot receipts 255 255 Interest 71 68 3 Land sale deposits 46 46 372 323 49 Expenditures Cemetery care 71 68 3 Excess of Receipts over Expenditures 301 255 46 Balance, End of Year 4,814 4,755 59 See accompanying notes 6DRAFT Page 10 of 18 Page 867 of 1156 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO - TRUST FUNDS NOTES TO FINANCIAL STATEMENTS for the year ended December 31, 2021 1. Significant Accounting Policies The financial statements of the Municipality's trust funds are the representations of management prepared in accordance with Canadian public sector accounting standards established by the Public Sector Accounting Board ("PSAB") of the Chartered Professional Accountants of Canada. Basis of accounting Revenues and expenses are reported on the accrual basis of accounting. Investments Investments are recorded at cost. 2. Investments Trust fund investments of $3,682,168 ($3,807,624 -2020) have a market value as at December 31, 2021 of $3,762,133 ($4,063,056 -2020) and an original cost of $3,682,168 ($3,807,624 -2020). Investments consist of Government of Canada treasury bills and crown corporation bonds, provincial government bonds, Canadian corporate bonds and Canadian bank shares. 3. Other Trust Funds 2021 2020 $$ Trust for land sales 45,803 Rigg Estate 500 500 W. L. Doran Estate 1,000 1,000 Moore Estate 1,200 1,200 McNiven Estate 500 500 McDonald Estate 400 400 Woodruff Estate 8,295 8,295 Coulsen Estate 300 300 Wilson Estate 500 500 C. J. Doran Estate 500 500 58,998 13,195 7DRAFT Page 11 of 18 Page 868 of 1156 August XX, 2022 Corporation of the City of Niagara Falls, Ontario Trust Funds 4310 Queen Street Niagara Falls, Ontario L2E 2L1 Attention: Mayor Jim Diodati and Members of Council Dear Sirs: We have now completed our examination of the financial statements of the Corporation of the City of Niagara Falls, Ontario – Trust Funds (the “Trust Funds”) for the period of January 1, 2021 to December 31, 2021. As stated in our report dated August XX, 2022 addressed to the Members of Council, Inhabitants and Ratepayers of the Corporation of the City of Niagara Falls, Ontario, the objective of our audit was to express an opinion on the financial statements and our audit included considerations of internal controls relevant to our audit to obtain reasonable assurance that the financial statements were free of material misstatements. Our audit was not designed for the purpose of expressing an opinion on the effectiveness of internal controls or for identifying all significant deficiencies that may exist. Accordingly, our audit would not usually identify all such matters that may be of interest to you and it is inappropriate to conclude that no such matters exist. In accordance with CAS 265 of the CPA Canada Handbook, Assurance, the auditor is required to communicate to those charged with governance and management deficiencies in internal control that the auditor has identified during the audit and that, in the auditor's professional judgment, are of sufficient importance to merit their respective attentions. We are pleased to report that that during the course of our audit of Corporation of the City of Niagara Falls, Ontario – Trust Funds for the period ended December 31, 2021 we have found nothing of a significant or material nature to report to you at this time. The following item has been resolved satisfactorily: Employee Payment Plan Program – December 31, 2020 Contracts for Cemetery Services – December 31, 2019 Page 12 of 18 Page 869 of 1156 This communication is prepared solely for the information of the Trust Funds and is not intended for any other purpose. We accept no responsibility to a third party that relies on this communication. We would like to take this opportunity to thank the staff for all their assistance and co-operation during our audit. Should you wish to discuss the above matters further, please contact our office at your convenience. Yours very truly, CRAWFORD SMITH & SWALLOW CHARTERED PROFESSIONAL ACCOUNTANTS LLP Christine Morrow, CPA, CA Engagement Partner CPM Page 13 of 18 Page 870 of 1156 August XX, 2022 Members of Council Corporation of the City of Niagara Falls, Ontario - Trust Funds 4310 Queen Street Niagara Falls,Ontario L2E 6X5 Dear Members of Council: The following is the communication of matters arising from the audit of Corporation of the City of Niagara Falls, Ontario - Trust Funds (the "Trust Funds") for the year ended December 31, 2021 required under Canadian Auditing Standards 260 and 265 of the CPA Canada Handbook. This list is not meant to be all-inclusive, nor in any way to restrict the communication of other matters. Completion of External Audit The responsibilities of the auditors in relation to the financial statements is to form and express an opinion on the financial statements which have been prepared by management with the oversight of those charged with governance. The audit of the financial statements does not relieve management or those charged with governance of their responsibilities. We have expressed an unqualified opinion as to whether the financial statements present fairly in accordance with Canadian public sector accounting standards the financial position and statement of financial activities and changes in fund balances of the Trust Funds. The audit was conducted from April 1, 2022 to August XX, 2022. Fraud Auditors' Responsibilities Relating to Fraud in an Audit of Financial Statements, CPA Canada Handbook CAS 240, defines fraud as "an intentional act by one or more individuals among management, employees, those charged with governance, or third parties, involving the use of deception to obtain an unjust or illegal advantage". Although fraud is a broad legal concept, the auditor is concerned with fraudulent acts that cause a material misstatement in the financial statements. Misstatement of the financial statements may not be the objective of some frauds, and misappropriation of assets may not necessarily result in a misstatement of the financial statements. Auditors do not make legal determinations of whether fraud has actually occurred. Fraud involving one or more members of management or those charged with governance is referred to as "management fraud"; fraud involving only employees of the entity is referred to as "employee fraud". In either case, there may be collusion with third parties outside the entity. We confirm that there were no findings of fraud to communicate to the Members of Council. Page 14 of 18 Page 871 of 1156 Consideration of Laws and Regulations Consideration of Laws and Regulations in an Audit of Financial Statements, CPA Canada Handbook CAS 250 states that the term "non-compliance" means "acts of omission or commission by the entity, either intentional or unintentional, which are contrary to the prevailing laws or regulations. Such acts include transactions entered into by, or in the name of, the entity, or on its behalf, by those charged with governance, management or employees. Non-compliance does not include personal misconduct (unrelated to the business activities of the entity) by those charged with governance, management or employees of the entity." As explained in CPA Canada CAS 250, auditors conducting an audit in accordance with Canadian generally accepted auditing standards must obtain a general understanding of the legal and regulatory framework applicable to the entity and the industry of sector in which the entity operates and how the entity is complying with that framework. To do this the auditors inquire of management, and where appropriate those charged with governance, as to whether the entity is in compliance with such laws and regulations and inspecting correspondence, if any, with the relevant licensing or regulatory authorities. Although the auditors are required to remain alert to the possibility that other audit procedures applied may bring instances of non-compliance or suspected non-compliance with laws and regulations to the auditor's attention, in the absence of identified or suspected non-compliance the auditors are not required to perform audit procedures regarding the entity's compliance with laws and regulations. We confirm that no evidence which indicates non-compliance with laws and regulations was found. Weaknesses in Internal Control Internal Control in the Context of an Audit, CPA Canada Handbook CAS 265, provides the following guidance concerning the communication of significant weaknesses in internal control: CPA Canada Handbook CAS 265.11 In conducting the audit, the auditors would consider only those "internal controls relevant to the preparation of the financial statements in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of internal control". An audit is not designed to consider whether internal control is adequate for management's purposes. Consequently, the auditors would only identify weaknesses in internal control that come to the auditors' attention during the financial statement audit. The auditors may not identify all the weaknesses that exist. A weakness in internal control is a deficiency in the design or effective operation of internal control. The identification of weaknesses in internal control is influenced by matters such as the auditors' assessment of materiality, the auditors' preliminary assessment of the components of audit risk and the audit approach used by the auditors. For example, if the auditors use a substantive audit approach for a particular financial statement assertion, they will not perform tests of controls in this area. Therefore the auditors' knowledge of controls in this area will generally be limited. Accordingly, the auditors will not have a detailed knowledge of the control systems that enhance the reliability of data and information and therefore may not identify weaknesses in these control systems. A deficiency exists when, a control is designed, implemented or operated in such a way that it is unable to prevent, or detect and correct, misstatements in the financial statements on a timely basis or a control necessary to prevent, or detect and correct, misstatements in the financial statements on a timely basis is missing. A significant deficiency exists when a deficiency, or a combination of deficiencies in internal control, is of sufficient importance to merit the attention of those charged with governance in the auditor's professional judgment. The matters being reported are limited to those deficiencies of sufficient merit to be reported to those charged with governance. Please refer to the management letter issued for further details about any deficiencies identified Page 15 of 18 Page 872 of 1156 during the audit. Related Party Transactions As explained in Related Parties, CPA Canada Handbook CAS 550, auditors conducting an audit in accordance with generally accepted auditing standards may identify related party transactions which are not in the normal course of operations and which, in the auditors' professional judgement, involve significant judgements by management concerning measurement or disclosure. We confirm that no such transactions requiring the Members of Council to be informed were identified during the audit. We also confirm that the Municipality has adequate controls in place to identify related party transactions. Significant Accounting Principles and Policies The auditors should determine that the Members of Council are informed about: (a)the initial selection of and changes in significant accounting policies, including the adoption of new accounting pronouncements, which encompass the specific principles and their method of application; (b)the effect of significant accounting policies in controversial or emerging areas, or those unique to an industry; (c)the existence of acceptable alternative policies and methods, and the acceptability of the particular policy or method used by management; (d)the extent to which the financial statements are affected by unusual transactions (including non-recurring amounts recognized during the period) and the extent to which such transactions are separately disclosed in the financial statements; and (e)the effect of the timing of transactions in relation to the period in which they are recorded. We confirm that there were no changes to significant accounting policies during the year that should be communicated to the Members of Council. Management Judgements and Accounting Estimates The auditors should determine that the Members of Council are informed about: (a)the issues involved, and related judgements made by management, in formulating particularly sensitive accounting estimates and disclosures (for example, disclosures related to going concern, subsequent events and contingency issues); (b)the basis for the auditors' conclusions regarding the reasonableness of the estimates made by management in the context of the financial statements taken as a whole; (c)the risks of material misstatement from estimates; (d)indicators of possible management bias; (e)the factors affecting asset and liability carrying values, including the entity's basis for determining useful lives assigned to tangible and intangible assets; (f)the timing of transactions that affect the recognition of revenues or avoid recognition of expenses; and (g)disclosure of estimation uncertainty in the financial statements. We confirm that all management judgements and accounting estimates observed during the course of the audit were reasonable and supported by appropriate documentation. Page 16 of 18 Page 873 of 1156 Financial Statement Disclosures The auditors should determine that the Members of Council are informed about: (a)the issues involved, and related judgements made, in formulating particularly sensitive financial statement disclosures; (b)the overall neutrality, consistency, and clarity of the disclosures in the financial statements; (c)the potential effect on the financial statements of significant risks, exposures and uncertainties (such as pending litigation); and (d)the selective correction of misstatements. We confirm that there are no other issues as described above to be communicated to the Members of Council. Other Matters Arising From the Audit In some cases, management may decide to consult with other accountants about auditing and accounting matters. When the auditors are aware that such consultation has occurred, the auditors would communicate with the Members of Council as appropriate. If the auditors find that the consultation has not occurred in accordance with Reports on the Application of Accounting Principles, Auditing Standards or Review Standards, CPA Canada Handbook 7600, this would be communicated with the Members of Council. We confirm that we are not aware of consultations with other accountants. The auditors communicate with the Members of Council any major issues discussed with management in connection with the initial or recurring appointment of the auditors, including, among other matters, discussions regarding the application of accounting principles and auditing standards, and fees. We confirm that there are no major issues in connection with the recurring appointment of the auditor. The auditors inform the Members of Council of any significant difficulties encountered while performing the audit, including significant delays in management providing information required for the audit, an unnecessarily brief timetable in which to complete the audit, extensive unexpected effort required to obtain sufficient appropriate audit evidence, the unavailability of expected information, restrictions imposed on the auditor by management, and management's unwillingness to make or extend its assessment of the entity's ability to continue as a going concern when requested. We confirm that no significant difficulties were encountered in the performance of the audit. The auditors inform the Members of Council of any significant matters discussed, or subject to correspondence with management, while performing the audit including business conditions affecting the entity and business plans and strategies that may affect the risks of material misstatement and written representations requested. Page 17 of 18 Page 874 of 1156 Please refer to the management letter issued for further details about any significant matters that were discussed or communicated with management during the course of the audit. Please see management's representation letter for written representations requested. The auditors inform the Members of Council of any other significant matters relevant to the financial reporting process including material misstatements of fact or material inconsistencies in information accompanying the audited financial statements that have been corrected. We confirm that no significant matters relevant to the financial reporting process were identified during the audit. We look forward to discussing with you the matters outlined in this letter as well as other matters that may be of interest to you. Yours very truly, CRAWFORD SMITH & SWALLOW CHARTERED PROFESSIONAL ACCOUNTANTS LLP Page 18 of 18 Page 875 of 1156 F-2022-44 Report Report to: Mayor and Council Date: August 9, 2022 Title: Cancellation, Reduction or Refund of Taxes Under Section 357 and 358 of The Municipal Act, 2001 Recommendation(s) That Council approve the cancellation, reduction or refund of taxes on the various accounts per the attached summary and granted to the property owners listed. Executive Summary Property owners can seek remedy from property assessments that are not accura te due to specific in changes to due or of Assessment the preparation in errors Roll circumstances. These remedies are available by virtue of s.357 and s.358 of The Municipal Act, 2001. This report is provided to Council periodically during the fiscal year to attain Council approval of the changes afforded under these sections. This is the second report for 2022. Adjustments totalling $57,071 are being recommended in this report with allocations to be made to City, Regional and School Board revenue. In the 2022 General Purposes Budget, an allowance has been established for these expenditures. At this time, the allowance provided in the General Purposes Budget is adequate to account for the City’s proportionate share of approximately $19,975. Background This report is the second report this year in relation to s.357 and s.358 reductions. Analysis Section 357 and 358 of The Municipal Act, 2001 provides for the cancellation, reduction or refund of taxes for persons who were overcharged by reason of any gross or manifest error in the preparation of the Assessment Roll. Appeals have been received and the applicants have been notified that the respective matters will be considered by City Council this afternoon. The Municipal Property Assessment Corporation has confirmed that the subject properties were assessed incorrectly in that these properties; had structures that had been demolished or removed, were damaged or razed by fire, have ceased to be liable at the rate it was taxed, repairs/renovations preventing normal use of a period of 3 months, became exempt, or a transposition, typographical, or clerical error was made. Page 1 of 3 Page 876 of 1156 Financial Implications/Budget Impact The 2022 General Purposes Budget provides an allowance for tax write -offs due to assessment appeals and tax write offs. Table 1 is a listing of all the properties th at staff is recommending receive adjustments due to successful appeals. An amount of $57,071 in adjustments is listed. The City’s approximate portion is $19,975 and has been accounted for in the 2022 General Purposes Budget. The balance of approximately $37,096 represents adjustments for the School Boards and the Region of Niagara. These adjustments will be made as part of the year end reconciliations. List of Attachments F-2022-44 Attachment Written by: Stephanie Young, Water Tax Administrator Jon Leavens, Acting Director of Finance Submitted by: Status: Jon Leavens, Acting Director of Finance Approved - 02 Aug 2022 Jason Burgess, CAO Approved - 02 Aug 2022 Page 2 of 3 Page 877 of 1156 (Pursuant to Section 358 and 357 (1) (a), (b), (c), (d), (e), and (g) of the Municipal Act) Municipality CITY OF NIAGARA FALLS Assessment Region NIAGARA I hereby apply for the cancellation, reduction or refund of taxes as set out below and certify that the Regional Assessment Commissioner has verified that the information contained in this application is in accordance with her/his records. Appeal Roll Number Name Mailing Address Tax Year Reason for Application Reduction 2022-32 2725 010 002 08700 0000 THE REGIONAL MUNICIPALITY OF NIAGARA 1815 SIR ISSAC BROCK WAY THOROLD, ON L2V 4T7 2022 RAZED BY FIRE, DEMOLITION OR OTHERWISE $0.00 2022-2 2725 010 007 16902 0000 THE REGIONAL MUNICIPALITY OF NIAGARA 1815 SIR ISSAC BROCK WAY THOROLD, ON L2V 4T7 2022 REQUESTING EXEMPT STATUS $0.00 2022-20 2725 010 009 01400 0000 ROBERT FENTON 4667 FIFTH AV NIAGARA FALLS, ON L2E 4R7 2021 RAZED BY FIRE, DEMOLITION OR OTHERWISE $6.35 2022-21 2725 010 009 01400 0000 ROBERT FENTON 4667 FIFTH AV NIAGARA FALLS, ON L2E 4R7 2022 RAZED BY FIRE, DEMOLITION OR OTHERWISE $40.38 2022-13 2725 030 008 07025 0000 NIAGARA 21st GROUP INC 5950 VICTORIA AVE NIAGARA FALLS, ON L2G 3L7 2021 REPAIRS/RENOVATIONS PREVENTING NORMAL USE $25,641.92 2022-30 2725 040 001 16910 0000 2704432 ONTARIO INC 1841 YORK RD NIAGARA ON THE LAKE, ON L0S 1J0 2021 RAZED BY FIRE, DEMOLITION OR OTHERWISE $106.49 2022-35 2725 040 001 00121 0000 2704432 ONTARIO INC 1841 YORK RD NIAGARA ON THE LAKE, ON L0S 1J0 2022 RAZED BY FIRE, DEMOLITION OR OTHERWISE $459.37 2022-19 2725 040 005 04100 0000 ANTHONY & VITO DIPAOLA 6029 KEITH ST NIAGARA FALLS, ON L2J 1K1 2022 RAZED BY FIRE, DEMOLITION OR OTHERWISE $26.92 2021-72BR 2725 060 006 05900 0000 2792144 ONTARIO INC 6651 FLORA CT NIAGARA FALLS, ON L2H 0A8 2019 BECAME EXEMPT $0.00 2021-72AR 2725 060 006 05900 0000 2792144 ONTARIO INC 6651 FLORA CT NIAGARA FALLS, ON L2H 0A8 2020 BECAME EXEMPT $0.00 2021-72 2725 060 006 05900 0000 2792144 ONTARIO INC 6651 FLORA CT NIAGARA FALLS, ON L2H 0A8 2021 BECAME EXEMPT $0.00 2022-8 2725 060 013 07800 0000 PINKY KUPNICKI 7145 MCCOLL DR NIAGARA FALLS, ON L2J 1G7 2022 RAZED BY FIRE, DEMOLITION OR OTHERWISE $847.99 2022-33 2725 080 001 10400 0000 MOUNT CARMEL MONASTERY 7021 STANLEY AVE NIAGARA FALLS, ON L2G 7B7 2021 RAZED BY FIRE, DEMOLITION OR OTHERWISE $0.00 2022-34 2725 080 001 10400 0000 MOUNT CARMEL MONASTERY 7021 STANLEY AVE NIAGARA FALLS, ON L2G 7B7 2022 RAZED BY FIRE, DEMOLITION OR OTHERWISE $0.00 2022-23 2725 080 002 10001 0000 2709414 ONTARIO INC 373 STEELES AVE W UNIT 206 BRAMPTON, ON L6Y 0P8 2022 RAZED BY FIRE, DEMOLITION OR OTHERWISE $4,064.97 2022-10 2725 080 011 12650 0000 M5V THE NIAGARA 2 INC 10 ROLLING GREEN CT KLEINBURG, ON L4H 3N5 2022 RAZED BY FIRE, DEMOLITION OR OTHERWISE $1,897.88 2022-12 2725 080 011 12750 0000 M5V THE NIAGARA 2 INC 10 ROLLING GREEN CT KLEINBURG, ON L4H 3N5 2022 RAZED BY FIRE, DEMOLITION OR OTHERWISE $0.00 2022-59 2725 090 002 04900 0000 DANIEL NICOLETTI & MATTHEW BALDASSARRO 7753 BERNADETTE CR NIAGARA FALLS, ON L2G 2Y2 2022 RAZED BY FIRE, DEMOLITION OR OTHERWISE $1,314.30 2022-17 2725 090 002 08100 0000 ANTHONY LUPIA 3800 GARNER RD NIAGARA FALLS, ON L2H 0S3 2022 RAZED BY FIRE, DEMOLITION OR OTHERWISE $1,534.46 2022-5 2725 090 003 07600 0000 1931055 ONTARIO LIMITED 3492 MATTHEWS DR NIAGARA FALLS, ON L2H 2Z4 2022 RAZED BY FIRE, DEMOLITION OR OTHERWISE $928.75 2022-6 2725 090 003 07700 0000 1931055 ONTARIO LIMITED 3492 MATTHEWS DR NIAGARA FALLS, ON L2H 2Z4 2022 RAZED BY FIRE, DEMOLITION OR OTHERWISE $1,564.69 2022-32 2725 090 003 10500 0000 11461702 CANADA INC 7663 WOODBINE ST NIAGARA FALLS, ON L2H 1C2 2022 RAZED BY FIRE, DEMOLITION OR OTHERWISE $47.79 2022-64 2725 100 006 10710 0000 NIAGARA CATHOLIC DISTRICT SCHOOL BOARD 427 RICE RD WELLAND, ON L3C 7C1 2022 RAZED BY FIRE, DEMOLITION OR OTHERWISE $0.00 2022-1 2725 110 002 07415 0000 NIAGARA CATHOLIC DISTRICT SCHOOL BOARD 427 RICE RD WELLAND, ON L3C 7C1 2022 BECAME EXEMPT $17,471.27 2022-25 2725 120 008 03000 0000 JIMMY TEDESCO 7111 ROGER CR NIAGARA FALLS, ON L2G 3A6 2022 RAZED BY FIRE, DEMOLITION OR OTHERWISE $1,117.19 2022-15 2725 130 002 07001 0000 BRANDON FERRI 9148 HENDERSHOT BV NIAGARA FALLS, ON L2H 0E3 2022 RAZED BY FIRE, DEMOLITION OR OTHERWISE $0.00 TOTAL $57,070.72 Approved this Report No.:F-2022-44 JAMES M. DIODATI, MAYOR BILL MATSON, CITY CLERK [*Any individual items not approved must be struck out and initialed.]Page 3 of 3Page 878 of 1156 L-2022-04 Report Report to: Mayor and Council Date: August 9, 2022 Title: Encroachment Agreement with the City 6085 Lundy's Lane - Stairs encroaching into Lowell Avenue (Iglesia Ni Cristo) Our File No.:2022-98 Recommendation(s) 1. In the event that Council determines it is in the best interest of the public to do so, that the City enter into an Encroachment Agreement respecting the stairs on Lowell Avenue with Iglesia Ni Cristo, the future owner of 6085 Lundy’s Lane, in a form satisfactory to the City Solicitor. 2. That the Mayor and City Clerk be authorized to execute the required Encroachment Agreement. 3. That the City Solicitor is authorized to register the Encroachment Agreement on title to 6085 Lundy's Lane and the applicable parcel for the affected portion of Lowell Avenue in the Land Registry Office at the future owner’s expense. Executive Summary Bridge Falls Holdings Ltd. has advised that it is selling the property located at 6085 Lundy’s Lane and has requested that Council consent to an assignment and/or transfer of the privileges granted to it by the City through an Encroachment Agreement dated November 2, 2016 between Bridge Falls Holdings Ltd. and the City respecting the stairs which encroach on a portion of Lowell Avenue to the purchaser, Iglesia Ni Cristo. Background In late 2015, the Congregation of the Lundy's Lane United Church entered into an Agreement of Purchase and Sale to sell the Church building located at 6085 Lundy's Lane to Bridge Falls Holdings Ltd. During preparations for the sale, it was discovered that parts of the Church building, and related improvements, were situated on lands that the Church did not own. In order to assist the Church in resolving title issues concerning an encroachment, authorizeCouncil dated Agreement an Encroachment entry d into November 2, 2016, with, Bridge Falls Holdings Ltd., respecting the stairs which encroach upon “Encroachment a portion of Lowell Avenue (hereinafter referred to as the Agreement”). Page 1 of 3 Page 879 of 1156 Bridge Falls Holdings Ltd. has advised that it is now selling the property to Iglesia Ni Cristo with the closing scheduled to take place on August 12, 2022. A term of the Agreement of Purchase and Sale is that the Encroachment Agreement be assigned to Iglesia Ni Cristo. Paragraph 12 of the Encroachment Agreement states that “The Encroacher shall not be at liberty to assign or transfer either in whole or in part the privileges hereby granted by the City in this Agreement without the written consent of City Council, whi ch consent shall not be unreasonably withheld.” The stairs which encroach upon Lowell Avenue have been in place since at least 1958. Bridge Falls Holdings Ltd. has confirmed that the stairs are currently in good repair and continue to be regularly used. In this regard, Staff is recommending that following the sale of the property, the Encroachment Agreement be released from title to the property and a new encroachment agreement be entered into with Iglesia Ni Cristo and registered on title to 6085 Lundy's Lane and the applicable portion of Lowell Avenue, to permit the stairs to remain. Analysis The Encroachment Policies and Procedures Section 600.03 will require Iglesia Ni Cristo to pay for the cost to prepare the encroachment agreement ($500.00) togeth er with disbursements relating to a search of title and costs to register the agreement. Section 600.03 also allows for the payment of an annual fee to permit the encroachment as set by the City from time to time. Currently, there is no annual fee payable under the Encroachment Agreement with Bridge Falls Holdings Ltd. Under the policy there is no set schedule for annual encroachment fees, and, such annual fees are set on a case by case basis as determined by the City Solicitor. The Finance Department provided a preliminary list of encroachment agreements on file to Legal Services in November, 2020, which showed a majority of these type of minor encroachments at a nominal annual fee (ex. $2.00) collected against the property’s tax roll number (which is another way to notify a property owner/potential purchaser of the encroachment agreement). At this time, and, in lieu of a more formal way of determining an annual fee, it is recommended that the encroachment agreement provide for a nominal annual fee, which is consistent with the current Encroachment Agreement and past City practices. The stairs have been in place for many years and do not seem to have caused any hardship during that time. In 2016 Council authorized entry into the Encroachment Agreement to recognize a situation that has been in place for many years. There has been no change in circumstance since 2016 with the exception of a new owner, Iglesia Ni Cristo. Entering into a new encroachment agreement with Iglesia Ni. Cristo will grant the continuance of the use and maintenance of the stairs under terms and conditions as required and approved by the City Solicitor, including but not limited to, the provision that the stair encroachment be granted until such time as the stairs are required to be removed by the City, at the City's sole discretion. Page 2 of 3 Page 880 of 1156 Operational Implications and Risk Analysis See below. Financial Implications/Budget Impact Iglesia Ni Cristo will be responsible for all costs relating to the preparation and registration of the encroachment agreement. There will be a nominal annual fee of $2.00 payable by Iglesia Ni Cristo under the encroachment agreement until terminated. Strategic/Departmental Alignment The proposal does not directly impact any of the City's strategic commitments. Written by: Nidhi Punyarthi, City Solicitor Page 3 of 3 Page 881 of 1156 MW-2022-46 Report Report to: Mayor and Council Date: August 9, 2022 Title: Adopt A Hydrant Program Recommendation(s) 1. That Council receive this report as information. 2. That Council approve staff to proceed with the implementation of an Adopt A Hydrant Program for the City of Niagara Falls. Executive Summary At the February 8, 2022 Council meeting a motion was passed directing staff to bring a report to Council regarding a potential Adopt-a-Hydrant Program for the City of Niagara Falls. Staff from various departments have met to conceptualize how a program for the City of Niagara Falls may operate, which is outlined within this report. Background Significant winter events on January 17, 2022 and January 31, 2022 brought more than 60cm of snow accumulation (per event) across the City of Niagara Falls. Within the municipal water distribution network there are approximately 3080 fire hydrants that Water & Wastewater staff maintain to ensure their functionality for fire fighting as well as used for water quality flushing points. Significant winter storms often hide fire hydrants under the snow. If fire hydrants aren’t visible then firefighters have to locate and shove l them out before hooking up, losing precious time that could have been spent saving lives and containing a fire. According to the Ontario Fire Code Regulation 388/97, hydrants must be kept clear and unobstructed at all times. Analysis Fundamentally, the Adopt A Hydrant program is sourcing volunteers to clear a 1 meter (3 foot) area around the hydrant on all sides as well as a path to the street closest to the hydrant, when snowfall exceed 15 centimeters (6 inches). By adopting a hydran t it is a promise to keep the hydrant clear of snow and in non winter seasons to keep clear of leaves, debris and trash. Page 1 of 3 Page 882 of 1156 Staff have reviewed Adopt A Hydrant programs established by Cornerbrook, Newfoundland and Sussex, New Brunswick as well as others in the northern United States. These programs are managed and led through their respective fire departments, and include a strong interface with the Geographical Information System (GIS) mapping of the hydrant locations, indicating hydrants that are availabl e for adoption and hydrants that have already been adopted. The GIS page on these municipal websites have a direct "adopt me" link that redirects the user to an online application form. Potential adoptees are prompted to enter in their email/phone contact information and through this same path can upload photos once their adopted hydrant has been cleared. All hydrants in Niagara falls are individually marked with a five digit number that corresponds to an asset identification number through the GIS mapp ing. After discussions with the Fire Chiefs from Cornerbrook and Sussex they both indicated that the program adoption rates were around 10%, however, many hydrants weren't "officially" adopted as the property owners have historically cleared the hydrant s in front of their properties. Here in Niagara Falls, Staff believe there is potential to engage various community organizations, individuals, families, businesses and high school students (to satisfy volunteer hours) to participate in this program with contests and prizes available. To be successful, the program would furthermore require an automated/digital mechanism for volunteers to sign up, upload photos through the website after clearing, and to receive reminders about their volunteer obligations. To encourage participation, Staff suggest a roll out advertisement of the program through the City website and social media before snowfall and periodically through winter. Resources and expertise to lead this program and to monitor sign -ups, maintenance commitments, and the various community outreach points will require collaboration and allocation of staffing resources from Communications, Fire, Information Services, Recreation and Culture and Municipal Works. Operational Implications and Risk Analysis In the winter months heavy snowfall often buries fire hydrants, making it difficult for firefighters to locate and access them during an emergency, when every second counts. Municipal Works staff clear hydrants on an as needed basis with focus on m ajor intersections and business areas, but clearing over 3000 hydrants with municipal staff alone is not achievable in a reasonable time period. There currently are several property owners who clear hydrants fronting their property and supplementing with an advertised volunteer program will further provide safe access for the fire department. Financial Implications/Budget Impact There is no anticipated financial or budget impacts as the program relies on the participation of volunteers. Existing staff resources from various departments will be Page 2 of 3 Page 883 of 1156 devoted to running the program and ensuring its effectiveness. Potential contests and prizes could be funded through existing operating budgets or donations from sponsors. Strategic/Departmental Alignment The implementation of this program aligns with Council's Strategic Priority to provide a Healthy, Safe and Livable Community. Written by: Adam Allcock, Manager of Water/Wastewater Submitted by: Status: Erik Nickel, Director of Municipal Works Approved - 29 Jul 2022 Jason Burgess, CAO Approved - 30 Jul 2022 Page 3 of 3 Page 884 of 1156 MW-2022-47 Report Report to: Mayor and Council Date: August 9, 2022 Title: Growth Related Municipal Servicing Recommendation(s) That Council receive this report for information. Executive Summary Upon the Regional approval of a new Official Plan on June 23, 2022, Staff are now guided by, amongst numerous other things, a new context for population and employment growth and settlement area boundary expansion. This new plan identifies that Niagara Fa lls is poised to grow to a population of 141,650 people, and 58,110 jobs by 2051. This report outlines some of the major municipal servicing initiatives underway in Niagara Falls by the Region and the City in order to both address the current growth pres sures and to plan ahead for the growth anticipated in the next 30 years. Background The new Regional Official Plan has identified that Niagara Falls will grow significantly to 141,650 people and 58,110 jobs by 2051. Within the growth plan section of the Official Plan, the Region has additionally estimated a conversion of this population growth by the 2051 horizon to a total of 20,210 new housing units by 2051 comprised of 11,980 units of singles/semis, 5,090 units of row housing, and 3,140 apartment units. As endorsed by City Council, a minimum of fifty percent (50%) of the allocation of these new housing units is desirable to be constructed within the existing built-up areas of the City where existing municipal and community services already exist (e.g. transit, library, water, wastewater). This leaves the remaining fifty percent (50%) of estimated growth planned to occur in existing greenfield and urban expansion areas. The Regional Official Plan has therefore identified three (3) areas for Community Land expansion totaling three hundred and ten (310) hectares as shown in Figure 1 below extracted from Regional Report PDS-41-2021. Recommendation expansion locations 1, 2 and 3 are comprised of 160 ha, 65 ha, and 85 ha respectively. Page 1 of 9 Page 885 of 1156 Figure 1: Niagara Falls Settlement Area Boundary Community Lands Expansion Locations (reference Niagara Region Report PDS-41-2021) The development of these future expansion lands must be preceded by Secondary Plans that will guide the specific development with respect to land regulation, natural environments, servicing, and more. Therefore this report is not intended to be a comprehensive outline of the individual growth related servicing needs, rather it will inform Council of the higher-order infrastructure planning and the broader initiatives that are either underway or recommended to occur in order to ensure infrastructure is managed responsibly in such a way that protects existing businesses and residents, while also planning for intensification and settlement boundary expansion. Analysis Properly planning for and accommodating growth in Niagara Falls requires cooperation and coordination of all disciplines and agencies. This section of the report will start by outlining some key initiatives at the Regional level, and then will conclude with initiatives underway or planned to be underway at the local level. Regional Water and Wastewater Master Servicing Plan The Niagara Region is completing a major update to their Water and Wastewater Master Servicing Plan that was completing in 2016. This update is meant to align with the Official Page 2 of 9 Page 886 of 1156 Plan - 2051 Population and Employment Forecasts and will form the basis for recommendations in the Regional Development Charges Background Study and Bylaw. At the time of preparation of this report the Region has held one Public Information Centre in the Spring of 2021 as well as several stakeholder workshops with City Staff as recent as spring of 2022. Regional Staff advise that the update to the Master Servicing Plan is expected to be complete by the end of 2022. Even though the regional update is incomplete at this time, it is highly noteworthy to advise that the draft servicing recommendations have already been integrated into the Regional Development Charges background study. Figures 2 and 3 below illustrate the recommendations of the Drinking Water and Wastewater sections respectively. Figure 2: Water Servicing Strategy - May 11 presentation, Water and Wastewater Development Charge Capital Program Summary Page 3 of 9 Page 887 of 1156 Figure 3: Wastewater Servicing Strategy - May 11 presentation, Water and Wastewater Development Charge Capital Program Summary Figures 2 and 3 were previously presented on May 11, 2022 to the public and stakeholders as part of the Regional Development Cha rges update process. More detailed descriptions are attached to this report (Attachments 1 and 2) including a breakdown of approximate timing and cost for the specific growth-related water and wastewater projects identified in the Regional 30-year planning horizon. New South Niagara Falls Wastewater Treatment Plant The most significant growth-related initiative in the Region is the implementation of a new Wastewater Treatment Plant located in the Grassybrook area near the Welland River and Queen Elizabeth Way highway. This 30 Megalitres per day plant is planned for construction over the next several years with an estimated in-service timeframe of 2027. Construction of this new plant will be transformative in Niagara Falls. And while it is the largest financial investment in the Regional plan, it is also the single -most important element of infrastructure necessary to support the proposed growth both in Niagara Falls and South Thorold as it is being designed to support a total of over 85,000 people and jobs with room for future expansion. The new wastewater treatment plant will also relieve the growth-pressures facing the existing plant located on Stanley Avenue, thus deferring large capital improvements at Page 4 of 9 Page 888 of 1156 this facility if no new plant were proposed. In the future all sanitary wastewater flows south of Lundy's Lane are proposed to be directed to the new wastewater treatment plant; whereas flows north of Lundy's Lane will continue to be directed to the existing plant. This delineation serves as a very strategic principle, not only due to natural topographic/elevation realities (Lundy's Lane being the highest point in Niagara Falls), but also so that the South Side High Lift, Garner, and Grassy Brook pumping stations can eventually be eliminated and replaced with gravity-fed sewers. Chippawa Wastewater Servicing Wastewater Servicing of the Chippawa community has traditionally been accomplished through a gravity sewer collection system, draining into an inverted syphon crossing the Welland River, that is then pumped through a series of two pumping stations (South Side Low Lift and South Side High Lift) before reaching a gravity trunk draining to the Stanley Avenue Wastewater Treatment Plant. The City-owned Gunning/Mears pump station and Riverview Park Storage tank additionally serves as an overflow storage and providing protection during wet weather. Council has previously passed a motion to have Staff and the Region collaborate on improved servicing opportunities for Chippawa, particularly in light of the future Wastewater Treatment Plant location south of the Welland River. Consequently the Region has examined and included in their draft Master Servicing Plan and Development Charges study a very significant strategic approach that consists of the following projects to accommodate growth and accomplishes what Council had initially envisioned. • New 1200mm Tunneled Trunk Sewer from the Wastewater Treatment Plant along Reixinger Road and Lyons Creek Road to the bridge over Lyons Creek - Phase 1 (WW-SS-008, 2032-2041, $60,923,000) • New 1200mm Tunneled Trunk Sewer from Lyons Creek to the South Side Low Lift Pump Station - Phase 2 (WW-SS-015, 2042-2051, $27,082,000) Upon completion, this new trunk sewer would intercept all flows coming from properties on the south side of the Welland River, and would direct it through gravity to the new Regional Wastewater Treatment Plant. The current sewer bottlenecks at the syphon and pump stations would accordingly be eliminated. City Initiatives to Accommodate Growth Now that the Regional Official Plan and Regional Master Servicing Plans have (nearly) been completed, it is appropriate for the City to promptly address servicing capacity challenges with the local infrastructure that the City is responsibile for. Today, Municipal Works typically requires developers to contribute financially to the cost of study of development impacts on existing infrastructure, which is completed through a simulation of our water and wastewater network models. This approach has been a valuable method of ensuring that surro unding infrastructure is sufficient to address the specific needs, or to support conditions of development requiring the developer to upsize adjacent infrastructure as a result of their projects. However we are not at the present time able to model the cumulative impacts of these developments for a 30 year planning horizon. Page 5 of 9 Page 889 of 1156 The same approach is taken for traffic impacts, by way of a traffic impact study required as a precursor to development. However, cumulative impacts of development traffic and longer-term planning has not occurred since the publication of the last Transportation Master Plan in 2011. Staff are recommending therefore, through a separate report on the August 9, 2022 agenda dealing with Capital close-outs and budget amendments, that Council approve to proceed with the efforts needed to conduct a coordinated Servicing and Transportation Master Plan as soon as possible. These studies will solidify the needs of the infrastructure and transportation networks for the long-term (30 year) planning horizon and will align with the Region's plans and policies outlined in their OP. Completion of the Master Plans is critical since they are primary inputs to the City's Updated the and year, one approximately City'sdue is which Plan, Official in Development Charges Bylaw, which is also due for completion no later than June 2024. In the interim, Staff will use the Regional plan as a guide for strategic local development improvements, including opportunities where possible to oversize pipes, req uire interim outlets where future trunks are proposed, and to plan for a coordinated growth of the three new greenfield urban area expansions through a secondary plan process. Additionally, knowing that infill intensification is a major component of the C ity's overall growth plan, Staff will be recommending through the capital budget process that Council continue to support combined sewer separation and wet-weather reduction projects since both of these important initiatives introduce additional capacity into the system to allow for growth, while also protecting the environment from overflows. Operational Implications and Risk Analysis Niagara Falls will be a centre for growth in the future. It is critical that the City take a proactive approach to planning and forecasting for growth related municipal servicing. Financial Implications/Budget Impact The recommendations of this report do not have any immediate financial or budget implications. and Servicing Master coordinated the of completion However, a Transportation Plan will require an investment in professional consulting services totaling approximately $1,000,000. Funding for this initiative is eligible from development charge contributions. Prescribing to the financial philosophy that growth pays for growth, it can be expected that both the Regional and local development charges will need to be updated to reflect the upcoming servicing and transportation needs of the City. Strategic/Departmental Alignment The contents of this report align with Council's Strategic Priority to deliver Strong and Resilient Infrastructure, and specifically addresses this priorities objective to prepare for Page 6 of 9 Page 890 of 1156 our City's growth by ensuring infrastructure is planned and designed to meet the needs of residents, businesses and visitors today and in the future. List of Attachments Regional DC Projects - Water Regional DC Projects - Wastewater Written by: Erik Nickel, Director of Municipal Works Submitted by: Status: Erik Nickel, Director of Municipal Works Approved - 29 Jul 2022 Jason Burgess, CAO Approved - 30 Jul 2022 Page 7 of 9 Page 891 of 1156 ATTACHMENT 1 DRAFT NIAGARA REGIONAL DEVELOPMENT CHARGES WATER PROJECTS IN NIAGARA FALLS Water ID Name Timing Gross Cost W-D-004 Decommissioning of Lundy’s Lane Elevated Tank 2027-2031 $ 823,000 W-M-007 New Trunk Watermain to Port Robinson Chlorine Booster 2022-2026 $ 4,040,000 W-M-009 New Trunk to New Elevated Tank 2022-2026 $ 5,466,000 W-M-019 New Trunk from Dorchester to Lyons Creek Road 2032-2041 $ 24,950,000 W-M-020 New Lyons Creek Road Trunk 2042-2051 $ 6,982,000 W-M-021 New Stanley Avenue South Trunk 2042-2051 $ 16,048,000 W-S-004 New Elevated Storage Tank (Lundy’s Lane Replacement) 2022-2026 $ 27,933,000 Page 8 of 9 Page 892 of 1156 ATTACHMENT 2 DRAFT NIAGARA REGIONAL DEVELOPMENT CHARGES WASTEWATER PROJECTS IN NIAGARA FALLS Wastewater ID Name Timing Gross Cost WW-D-003 Decommissioning of South Side High Lift Pumping Station 2042-2051 $ 500,000 WW-D-004 Decommissioning of Garner Pumping Station 2032-2041 $ 450,000 WW-D-006 Decommissioning of Grassy Brook Pumping Station 2032-2041 $ 450,000 WW-FM-009 Dorchester Forcemain Upgrade 2022-2031 $ 659,000 WW-SPS-026 Dorchester Pump Station Upgrades 2022-2031 $ 5,070,000 WW-SPS-050 Bender Hill Pump Station Replacement 2022-2031 $ 15,234,000 WW-SPS-051 Central Pump Station Upgrades 2042-2051 $ 10,777,000 WW-SPS-052 Lundy's Lane Pump Station Upgrades 2042-2051 $ 3,079,000 WW-SPS-053 Royal Manor Pump Station Upgrades 2022-2031 $ 1,213,000 WW-SS-006 New Montrose Trunk Sewer 2022-2031 $ 88,622,000 WW-SS-007 New Brown Road Trunk Sewer 2022-2031 $ 16,765,000 WW-SS-008 Chippawa Trunk Sewer Phase 1 (Lyons Creek Bridge to New Plant) 2032-2041 $ 60,923,000 WW-SS-014 South Side High Lift Overflow Sewer 2022-2031 $ 1,554,000 WW-SS-015 Chippawa Trunk Sewer Phase 2 (South Side Low Lift Pump Station to Lyons Creek Bridge) 2042-2051 $ 27,082,000 WW-TP-002 New Wastewater Treatment Plant (Phase 1) 2022-2031 $ 203,557,000 WW-TP-004 New Wastewater Treatment Plant Outfall 2022-2031 $ 4,718,000 Page 9 of 9 Page 893 of 1156 MW-2022-50 Report Report to: Mayor and Council Date: August 9, 2022 Title: Harper Drive - Parking Control Review Recommendation(s) 1.) 1. That a 'No Parking' restriction be implemented on the east side of Harper Drive between Bellevue Street and a point 60 metres north of Bellevue Street; and, 2. That a 'No Parking' restriction be implemented on the south side of Harper Drive between a point 37 metres west of Marcel Crescent and a point 60 metres west of Marcel Crescent. Executive Summary A parking review was conducted on Harper Drive between Bellevue Street and Marcel Crescent to determine whether parking restrictions are warranted. Based on t he parking activity in conjunction with a technical review, a No Parking restriction is warranted on the inside of the two curves in the roadway on Harper Street between Bellevue Street and Marcel Crescent. This will improve driver sight lines as drivers negotiate the curve. Background Harper Drive is a local roadway that extends between Bellevue Street and Valley Way. The roadway has a width of 8.0 metres and consists of a sidewalk on the north/west side of the road. Light poles are present on both sides providing illumination during nighttime periods. The surrounding land uses consist of residential properties. A total of two curves are present on Harper Drive within the study portion. Currently, parking is permitted along both sides of Harper Drive between Bellevue Street and Marcel Crescent. Analysis Observations revealed that there is consistent parking near and along the curves of Harper Circle in the vicinity of Bellevue Street and Marcel Crescent. There were up to six (6) vehicles observed parked within the inside part of the curve north of Bellevu e Street on several occasions. Although the parking activity around the curve west of Marcel Crescent was minimal, the curvature of the road is abrupt and there are mature vegetation and a front yard fence on the south (inside) side of the curve that does not enable optimal stopping sight distances even without parked vehicles present. Parked vehicles would further obstruct visibility, impede traffic flow, and create a potential for a head -on collision as the eastbound driver needs to shift over partially into the oncoming lane. As a result, Page 1 of 4 Page 894 of 1156 driver visibility along the roadway as well as nearby residents leaving their driveway is reduced, consequently negatively impacting decision and reaction time. Questionnaires were distributed to all properties on Harper Drive between Bellevue Street and Marcel Crescent. Of the twenty-three (23) questionnaires delivered, ten (10) responses were received, representing a 43% response rate. Of these, nine (9) responses were returned favouring parking restrictions around the existing curves. Although the minimum 60% response rate was not met, almost all the respondents identified a preference to restrict parking at the curves. Prevailing transportation guidelines identify that motorists are required to see the road ahead of them for a minimum distance to permit sufficient reaction time. Vehicles parked on the inside of road curves can obstruct visibility, which affects reaction time required to stop a vehicle. Secondly, drivers traversing a curve may keep a greater distance from parked vehicles tending to encroach into opposing traffic lanes, increasing head-on collision potential. Prohibiting parking on approach to and within the curves will increase visibility and provide motorists with additional maneuvering space allowing for safer traffic operation. Most residents have double wide car driveways with at least a one car garage. Staff is therefore recommending that No Parking restriction be installed on east side of Harper Drive between Bellevue Street and a point 60 metres north of Bellevue Street, and on the south side of Harper Drive between a point 37 metres west of Marcel Crescent and a point 60 metres west of Marcel Crescent. These restrictions will to keep the inside portion of the curves clear of vehicles and assist with drivers sight lines. Financial Implications/Budget Impact The installation of the signs is to be carried out by Municipal Works - Transportation Services staff. The labour and material costs are accounted for in the approved 2022 General Purposes Budget. Installing the parking control signs is estimated to cost approximately $600. Strategic/Departmental Alignment Encourage multi-modal travel and active transportation initiatives, and enhance motorist, cyclist, and pedestrian safety. List of Attachments MW-2022-50 - Harper Drive - Parking Review Written by: Mathew Bilodeau, Manager of Transportation Engineering Submitted by: Status: Erik Nickel, Director of Municipal Works Approved - 02 Aug 2022 Page 2 of 4 Page 895 of 1156 Jason Burgess, CAO Approved - 02 Aug 2022 Page 3 of 4 Page 896 of 1156 MW-2022-50 Harper Drive Parking Control Review Paddock Trail Drive Paddock Trail DriveProposed No Parking Restriction Bellevue Street Page 4 of 4Page 897 of 1156 MW-2022-51 Report Report to: Mayor and Council Date: August 9, 2022 Title: Clifton Hill Sidewalk Widening Phase 2 Contract Award 2022 - 561-21 Recommendation(s) 1. That council award the 2022-561-21 Clifton Hill Sidewalk Widening Phase 2 to the lowest compliant bidder, Gauboc Construction Limited in the amount of $526,502.00 + HST. 2. That council approve a 2022 capital budget amendment for this project (Clifton H ill Sidewalk Widening R129-21) with the additional amount of $175,000.00 to be funded by external contributions from HOCO Limited. 3. That the Mayor and Clerk be authorized to execute the necessary agreements. Executive Summary The purpose of this report is to seek council approval to award Contract 2022-561-21 Clifton Gauboc bidder, compliant lowest the Widening 2 Phase Sidewalk Hill to Construction Limited. This work will include sidewalk widening and retaining wall relocation works on Clifton Hill for one of the busiest and narrowest sidewalk sections located between Falls Avenue and the HOCO building. As per the original terms of Council approval and the agreement, HOCO Limited and/or the Clifton Hill BIA has agreed to 100% of the project costs, repayable over a five year term. Background The City has approved (MW-2020-25) a project for the installation of infrastructure and widening of the sidewalk located within the busy corridor of Clifton Hill to enable physically distancing for pedestrians in accordance with public health directions as a result of the COVID-19 pandemic. The City and the BIA entered into a Construction and Cost Sharing Agreement where the BIA and HOCO have agreed to reimburse the City for the cost of the works. Phase 1 construction of the sidewalk widening was completed in 2021 and Phase 2 construction (between HOCO property and Falls Avenue) is expected to begin in October 2022. Phase 3 (between Falls Avenue and Niagara River Parkway) is on hold due to the nature of the archeological findings. An estimated amount of $1,1 00,000.00 Page 1 of 4 Page 898 of 1156 was established to complete all works and Clifton Hill BIA and HOCO Limited will re -pay their contribution of the actual costs of construction over a five year term. Analysis In July 2022 the City issued a tender (2022-561-21) for the construction of the Phase 2 sidewalk widening and retaining wall relocation works on Clifton Hill between Falls Avenue and the HOCO building. The low bid received is over the approved budget. HOCO Limited has confirmed that they are satisfied with the price received, in agreement to award the tender to the lowest bidder, and have an agreement with the City to be financially responsible for the removal and reconstruction of the decorative retaining wall and the construction of the sidewalk widening in the Phase 2 works. Contract 2022-561-21 was issued for bidding on July 12, 2022 and closed on July 26, 2022. Three (3) bids were received. Bidder Tender Price Corrected Bid Gauboc Construction Ltd. $533,252.00 $526,502.00 Stevensville Lawn Service Inc. $578,253.00 $576,753.00 D&R Landscape Group Inc. $542,520.00 $542,520.00 Although the original budget covered a larger scope of work (Phase 1, 2 and 3), archeological problems were encountered and the project was scaled back to cover the extra archeological costs. Higher construction costs contributed to the higher bids received and all bids were within 10% of each other. Staff completed a review of the bids for mathematical errors and general compliance. The tender submitted by Gauboc Construction Ltd. for the price of $526,502.00 is the lowest compliant bid and is being recommended for contract award. The cost of this tender plus contract administration services, material testing, and any outstanding costs exceeds the approved budget. An additional $175,000.00 is needed to complete this project. Operational Implications and Risk Analysis Sidewalk widening was identified by the BIA in order to provide maximum possible space for pedestrian social distancing on Clifton Hill. Temporary measures were implemented through the placement of modular fencing within the on-street parking areas of the roadway. As an interim measure, modular fencing provided some improvement; however, this option is not recommended for safety reasons as a long term strategy. Temporary expansion into the roadway drastically increased the risk to the Municipality for someone who may trip and fall due the presence of the curb drop -off within the new pedestrian walkway zone. Financial Implications/Budget Impact Page 2 of 4 Page 899 of 1156 A total of $1,100,000.00 was approved in the 2022 capital budget for the design and construction to widen sidewalks along Clifton Hill. Expenses to date are $560,782.32. The total cost to complete the Phase 2 works and any outstanding expenses are as follows: Before HST HST Total Construction Contract Phase 2 $526,502.00 $68,445.26 $594,947.26 Materials Testing $11,836.49 $1,538.74 $13,375.23 Consultant Fees $65,145.11 $8,468.86 $73,613.97 Phase 1 Outstanding $28,567.45 $3,713.77 $32,281.22 Total $714,217.68 City Share of HST after Holdbacks (*0.1354) $11,125.36 City Rebate of HST after Holdbacks (*0.8646) $71,041.27 by budget $1,100,000.00 the exceeds of this implementing costs The project $175,000.00. Additional funding in the amount of $175,000.00 is required to complete this capital project. Staff is recommending a 2022 capital budget amendment of $175,000 to be funded by external contributions from HOCO Limited. Staff has confirmed that this additional amount will be included in the cost sharing agreement. Strategic/Departmental Alignment The recommendations in this report enhance pedestrian safety and public health safety measures. Contributor(s) W. Eitzen List of Attachments UNOFFICIAL CORRECTED RESULTS Written by: Wendy Eitzen, Project Manager Submitted by: Status: Erik Nickel, Director of Municipal Works Approved - 29 Jul 2022 Jason Burgess, CAO Approved - 30 Jul 2022 Page 3 of 4 Page 900 of 1156 City of Niagara Falls Contract #2022-561-21 Clifton Hill Sidewalk Widening Phase II UNOFFICIAL RESULTS Tender Closing Date: Tues., July 26, 2022 Tender Closing Time: 1:45 pm Tender Deposit: $20,000.00 Opening Time: 2:00 pm Addendums Issued: 0 FIRM CONTACT INFO TENDER PRICE CORRECTED BID Gauboc Construction Limited Paul Boccia 905-708-4122 paul@gauboc.ca 533,252.00 526,502.00 Stevensville Lawn Service Inc April Devitt 905-991-4131 april@slsi.ca 578,253.00 576,753.00 D&R Landscape Group Inc. Andrew Petheram 905-356-4394 andrew@drlandscapegroup.com 542,520.00 542,520.00 Page 4 of 4 Page 901 of 1156 PBD-2022-59 Report Report to: Mayor and Council Date: August 9, 2022 Title: GTY-2022-001, Gateway Community Improvement Plan Application 7873 Blackburn Parkway Applicant: Calabrese Holdings (Frank Gallo) Recommendation(s) 1. That Council approve the Niagara Gateway CIP Tax Increment Based Grant program application for 7873 Blackburn Parkway subject to the Owner satisfying the program requirements. 2. That the Niagara Region be advised of the decision of City Council. 3. That the Mayor and Clerk be authorized to sign and execute the Tri-party grant agreement. Executive Summary The Economic Gateway Community Improvement Plan (CIP) application can be supported as: • The lands are located within the City’s Montrose Business Park and are designated Industrial in the Official Plan and zoned Prestige Industrial; and • The development ensures the continued investment and expansion of the industrial use within the City; and • It meets the intent of the Gateway CIP to provide employment and meets the minimum point eligibility requirements for the Gateway CIP. Background Calabrese Holdings established a beauty salon tools business in 1987 selling aluminum foil for highlighting hair and the manufacturing/distribution - primarily selling to beauty supply companies across North America. The applicants wish to relocate from their current Niagara Falls location to a new 7353m2 (79,138 ft2) industrial building on Blackburn Parkway. This expansion will allow the company to further pursue the retail market by aligning with local salons for product testing thereby, providing for the continued growth of their product throughout North and South America. An application for an incentive grant under the Niagara Gateway Economic Zone and Centre Community Improvement Plan (Gateway CIP) has been submitted. The grant is a tax increment based incentive on the increased portion of Regional and City taxes Page 1 of 8 Page 902 of 1156 over a 10 year term based on a rate determined by the number of new jobs created and the quality of site design. The Owners are currently in the sixth year of a 10 year term of a Gateway CIP Incentive Agreement for their property at 7000 Kinsmen Court which will expire upon occupancy of the new location. Analysis The Gateway CIP was initiated by the Niagara Region to achieve the goals of the Province’s Growth Plan to: revitalize, diversity and strengthen the economy in Niagara by promoting development of employment lands in the Gateway Economic Zone. The Region’s Gateway CIP was adopted in 2013 and the City approved a corresponding CIP soon after. The development, construction, or rehabilitation of properties that result in an increase in assessment value and property taxes for employment uses are eligible for the tax increment based grant (TIBG) under the Gateway CIP. Eligibility The subject lands are designated Industrial in the Official Plan and are zoned Prestige Industrial (PI) under Zoning By-law 79-200. The property is within the City’s Montrose Business Park and is subject to a site plan control agreement with the City (March 2022). The site plan identifies two potential phases to new construction. This Gateway CIP submission applies only to Phase One. The applicants may choose to proceed with phase two at some future date, depending on their future growth, however that future phase will not form part of the incentive that is being considered through this report. Eligibility for the Gateway CIP incentive is based on a point formula attributed to construction value, full time employment created or retained, and smart growth design criteria. The total of these points corresponds to the level of the tax increment based grant offered. Based on a review of the application submitted the development could attain: • 3 points for the value of construction ($10,500,000); • 6 points for new full-time employment expected through the expansion (10 new); and • 4 points for site design criteria met (architectural treatment of the building, provision of cycling facilities, on site collection and storage facilities for recyclable waste and use of energy efficient lighting, and decreased water consumption through drought resistant landscaping); for a total of 13 points equivalent to a rebate of 65% of the increased tax assessment. The final points assessment, post construction and occupancy, will confirm the actual jobs created (updated annually), tax assessment increase and any other relevant program requirements. Existing Gateway CIP Agreement Page 2 of 8 Page 903 of 1156 The applicants have previously entered into a Gateway CIP Incentive Agreement with the City and Region for the current business location at 7000 Kinsmen Court. A Tri-party agreement was entered into in May 2016 for a building expansion that was underway on the lands at the same time as the CIP program was being introduced. The requirements of the agreement were met for the years 2016-2021 and a total grant of $68,394.48 has been issued to date. The existing agreement will become n ull and void upon the completion of construction of the new Blackburn Parkway location. The 2016 Agreement recognized the retainment of existing employees prior to 2016 and the new employees created at that time. The number of new employees is verified yearly prior to the issuance of grant payments. In consideration of this existing agreement and the recognition of employees through that agreement, only the new employees hired after the occupancy of the new Blackburn Parkway will be eligible for assessment under the new Gateway CIP Agreement. Financial Incentives Estimates Gateway TIBG An estimated grant chart has been prepared by City Finance Staff and reviewed by Regional Staff (attached as Appendix 4). The chart shows that based on an estimated post construction tax increase of $157,602 the potential rebate of 65% will total a Gateway TIBG of $208,306 per year. This represents a grant of $102,441 per year from the City’s portion of taxes and $105,865 per year from the Region’s portion of taxes. Over the ten year term the combined incentive total that could be available to the applicant is $2,083,069.57. Process As a joint program between the City and Region, the approval of City Council is required prior to Regional review for the grant. If approved, the applicant must enter in a tri-party agreement outlining the terms and conditions of the funding. This agreem ent would be authorized and signed by the Mayor and Clerk and forwarded to the Region for signature. The payment of grants commences upon verification of the program requirements and reassessment of the property by the Municipal Property Assessment Corporation (MPAC). Applicants are given 365 days from the issuance of an occupancy permit within which to contact the City regarding the achievement of the eligibility points outlined in their original submission. Financial Implications/Budget Impact The tax increment based grant (TIBG) is provided when the construction is completed and MPAC has added the additional taxable assessment to the roll. This will impact a future taxation year and will be accounted for at that time. Page 3 of 8 Page 904 of 1156 New industrial construction is exempt from City development charges as per By-law 2019-69. Any grant under the Niagara Regional Industrial Development Charge program, together will all other incentives received cannot exceed the eligible costs of the new construction. Strategic/Departmental Alignment Community Improvement Plans contribute to the Economic Growth and Prosperity Priority of the City by providing incentives for private sector reinvestment and employment for the City. List of Attachments Appendix 1 Location Map Appendix 2 Site Plan Appendix 3 Elevations Appendix 4 - TIF Draft Calculation Chart Written by: Francesca Berardi, Planner 2 Submitted by: Status: Brian Dick, Manager of Policy Planning Approved - 02 Aug 2022 Jason Burgess, CAO Approved - 02 Aug 2022 Page 4 of 8 Page 905 of 1156 Appendix 1 –Location Map 7873 Blackburn Parkway Page 5 of 8 Page 906 of 1156 Appendix 2 –Site Plan 7873 Blackburn Parkway Page 6 of 8 Page 907 of 1156 Appendix 3 –Elevations 7873 Blackburn Parkway Page 7 of 8 Page 908 of 1156 Calabarese Holdings Inc. - Roll No. 2725 110 002 00629 0000 - 7873 Blackburn Pky Industrial Vacant Land Commercial Commercial Vacant Total Pre- Project Taxes Project Completion - Industrial (New Construction) Project Completion - Commercial Vacant Total Post Project Taxes Tax Increment Assessment Value1 176,000 $ 5,696.25 10,676,000 $ 418,568.49 Municipal Taxes2,3,4 $ 2,039.64 $ - $ - $ 2,039.64 $ 159,642.18 $ - $ 159,642.18 $ 157,602.54 Regional Taxes5,6,7 $ 2,107.81 $ - $ - $ 2,107.81 $ 164,977.51 $ - $ 164,977.51 $ 162,869.70 Provincial Taxes8,9,10 $ 1,548.80 $ - $ - $ 1,548.80 $ 93,948.80 $ - $ 93,948.80 N/A Total $ 320,472.24 65% $208,306.96 Duration of Grant Payment (5 or 10 Yrs)12 10 $2,083,069.57 2 Niagara Falls Industrial Vacant Tax Rate 0.01158886 3 Niagara Falls Industrial Occupied (New Construction) Tax Rate 0.01495337 4 Niagara Falls Commercial Vacant Tax Rate 0.00764469 5 Regional Industrial Vacant Tax Rate 0.01197617 6 Regional Industrial Occupied (New Construction) Tax Rate 0.01545312 7 Regional Commercial Vacant Tax Rate 0.00790017 8 Education Industrial Vacant Tax Rate 0.00880000 9 Education Industrial Occupied (New Construction) Tax Rate 0.00880000 10 Educational Commercial Vacant Tax Rate 0.00880000 12 TIBG program is available for 10 years if project is within a Strategic Location for Investment (SLI) and 5 years within Gateway CIP but outside the the SLI area This estimates the completed project being assessed at 10,676,000 based on existing MPAC assessment value of land plus building permit construction costs; actual assessment value, including classification as industrial or commercial will be completed by MPAC following the project completion. Pre-Project assessment value is based on actual 2021 MPAC assessment. These calcualtions reflect the portion of the grant that may be received based on a project score of 13. These results are based on 2021 tax rates, however tax rates change annually due to changes in tax base and budget. At no time shall the Tax Incremental Equivalent Grant exceed the incremental taxes paid by the applicant in a given year based on changes in the assessment value and tax rates. This calculation assumes a constant tax rate. 1 Pre and post project completion assessments 13 Actual Annual/Total Grant Payments 11 Percentage of Tax increment determined based on total project points per the scoring matrix in table above. CITY OF NIAGARA FALLS - NIAGARA ECONOMIC GATEWAY ZONE AND CENTRE COMMUNITY IMPROVEMENT PLAN TAX INCREMENT BASED GRANT PROGRAM CALCULATOR % of Tax Increment11 Annual Grant Payment13 Total Grant Payment13 Page 8 of 8 Page 909 of 1156 R&C-2022-17 Report Report to: Mayor and Council Date: August 9, 2022 Title: 2022 Sports Wall of Fame Inductees Recommendation(s) Executive Summary The Sports Wall of Fame Committee hosts the annual Niagara Falls Sports Wall of Fame Induction Ceremony. Induction into the Sports Wall of Fame is a special honour that recognizes the significant athletic achievements and contributions of those in our community who have brought fame to our City. The 2022 Sports Wall of Fame Induction Ceremony is scheduled in early 2023 at the Gale Centre. Background For over 30 years, the Sports Wall of Fame Committee has hosted the Niagara Falls Sports Wall of Fame Induction Ceremony. Induction into the Sports Wall of Fame is a great honour bestowed on our athletes, builders, teams, and sponsors. The Committee hosts the event at the Gale Centre where the Sports Wall of Fame and Virtual Sports Wall of Fame are located. Analysis The City of Niagara Falls Sports Wall of Fame Committee is pleased to acknowledge the contributions of our athletes, builders, teams and sponsors that have brought fame to themselves and to our City. Financial Implications/Budget Impact City staff will coordinate the Induction Ceremony and have budgeted $4,690 for the plaques and items required to host the event. Page 1 of 3 Page 910 of 1156 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. Through recognition of the Niagara Falls Sports Wall of Fame Inductees, the City will help to enhance a sense of pride and commitment from our residents and visitors. List of Attachments R&C-2022-17- Attachment #1 2022 Sports Wall of Fame Inductee Achievements Written by: Beth Angle, Manager of Recreation and Programs Submitted by: Status: Kathy Moldenhauer, Director of Recreation & Culture Approved - 03 Aug 2022 Jason Burgess, CAO Approved - 03 Aug 2022 Page 2 of 3 Page 911 of 1156 Attachment 1: 2022 Niagara Falls Sports Wall of Fame Inductee Achievements Name Category Sport Brief Bio Kevin Dallman Athlete Hockey Played professional hockey with Boston Bruins, St. Louis Blues, and LA Kings. Then played five years with National Kazakhstani Hockey Team. On Aug 5, 2019, Dallman announced his retirement from the KHL after 11 years. Chris “Scoot” Johnstone Builder Hockey Achieved incredible records as a player at Rochester Institute of Technology, that likely will never be broken. Since then, he has coached for 35+ years and has touched the lives of countless individuals at an amateur and professional level. 100+ NHL players learned under Scoots, and many of them remember him fondly, keep in touch, and/or cite their time with Chris as an influential and important part of their growth as a player. He has coached most of the teams in the GOJHL at one point or another, coached the Niagara Falls Thunder and on when they became the Erie Otters, spent time with the Sault Ste. Marie Greyhounds, and many others. Felix “Gus” Mancuso Athlete Hockey Felix Anthony "Gus" Mancuso (April 11, 1914 in Niagara Falls, Ontario – August 16, 2003) was a Canadian professional ice hockey forward who played 42 games in the National Hockey League for the Montreal Canadiens and New York Rangers. Niagara Falls Anglicans 1935-36 Women’s Basketball Team Team Basketball Niagara Falls Anglicans Women’s Basketball Team became Ontario Champions with a 27-26 victory over the Toronto Silverthorns. The team advanced with several hard fought victories over the other Ontario Regions to advance to the Championship Final in Niagara Falls. Deborah Toth Builder Martial Arts Taught Martial Arts for 37 years and owner of The Martial Arts Centre since 1992, teaching ages from 4-102. Assistant Team Canada Coach in 2000 Developed Street Self Defense Programs for women across Canada and North America. Created a Martial Arts Scholarship Fund to assist children and youth with membership payments, tournament, equipment & special event fees. Developed Chair Tai Chi Programs for seniors. Donated hundreds of free memberships Founded the Niagara Region International Women’s Day and the Strike Out Violence Bowling Tournament for three Niagara women’s shelters. Cristina Marie Formica- Matesa Athlete Soccer 1998 Ontario Cup Champion 1998 Gold Medal Ontario Summer Games Brock University Women’s team captain (2003-2006). Team captain 2005 and ‘06. MVP ’06. ’05 OUA First Team All Star, CIS Championship All Star, and First Team All Canadian. 2016 to 2018 - Brock Badgers Women’s Soccer Assistant Coach. High School Coach NCDSB. Page 3 of 3 Page 912 of 1156 R&C-2022-18 Report Report to: Mayor and Council Date: August 9, 2022 Title: 2022 Arts & Culture Wall of Fame Inductee Recommendation(s) That Council approve the following 2022 Arts & Culture Wall of Fame Inductee: Wendy Leard Executive Summary The Arts & Culture Committee oversees the selection of Inductees for the Niagara Falls Arts Fameof Wall the Fame. Induction of Wall Culture & into special a is acknowledgement recognizing the contributions and achievements of citizens, past and present that reflect the best of Niagara Falls. The Niagara Falls Culture Committee would like to hold the ceremony in October 2023 with the induction class of 2022 and 2023. The Committee wishes to host this event at the Niagara Falls Exchange when the facility is ready and can unveil the new wall. Background On August 2, 2022, the Arts & Culture Committee reviewed the Arts & Culture Wall of Fame nomination forms and selected nominees for induction into the 2022 Arts & Culture Wall of Fame. The objectives of the Arts & Culture Wall of Fame are: 1. To serve as a visual memory of artistic and cultural contributions in the City of Niagara Falls; 2. To ensure that both past and present residents receive due recognition for their artistic and cultural contributions. Inductees must illustrate the following to be inducted into the Wall of Fame: 1. Outstanding achievement in their artistic or cultural field; 2. A measurable impact on the Niagara Falls community must be illustrated municipally, provincially, nationally, or internationally; 3. A person must have resided in Niagara Falls and/or have Niagara Falls as the main venue for their art for an extensive period of time; 4. Community Sponsors must have a minimum of five (5) years of significant contribution. Page 1 of 4 Page 913 of 1156 Nominees who have met the minimum criteria; and have been recognized by their peers with a prestigious award such as a Juno, where such an award exists; or have been recognized for their art through national or international acclaim will be eligible for automatic induction. The Wall of Fame was previously housed at Niagara Square. It is currently being housed at the Niagara Falls Public Library on Victoria Avenue with plans to incorporate it into the Niagara Falls Exchange once completed. The Wall of Fame has done an excellent job at highlighting the achievements of many residents. It highlights those who have achieved fame on a global scale, as well as those who have contributed out of the spotlight, but are essential to the ongoing cultural community of Niagara Falls. Analysis The purpose of the Niagara Falls Arts & Culture Committee is to foster, develop, and unite artistic and cultural activities in the community. Through the Arts & Culture Wall of Fame, the Committee is able to recognize individuals, groups, community builders, community sponsors, and works of art that have contributed to enriching the lives of Niagara Falls residents, our communities, environment, and economy. The Arts & Culture Wall of Fame continues to raise awareness and the profile of culture’s contribution to our daily lives and will hopefully inspire future artists, community builders, and community sponsors. The City of Niagara Falls Arts & Culture Committee is pleased to acknowledge the contributions of individuals and groups that have contributed to the culture of Niagara Falls. The nominees that were selected to be inducted meet all of the requirements for induction. The Rationale for the changes to the policy include the desire to permit attention at the award ceremony and on the wall for the most worthy of candidates and ensure that those that do contribute greatly to our community are properly highlighted and given the attention that they deserve. Financial Implications/Budget Impact City Staff will coordinate the Induction Ceremony and have budgeted $3,600.00 from the Arts & Culture Committee budget for printing and installation of bios and photos, keeper plaques for inductees and the ceremony. Strategic/Departmental Alignment The City’s Recreation & Culture Department has a commitment to provide optimum leisure service delivery in the City of Niagara Falls which enhances the quality of life, health and well-being of our people, our communities, our environment and our economy. List of Attachments Wall of Fame 2022 - Wendy Leard Page 2 of 4 Page 914 of 1156 Written by: Clark Bernat, Culture & Museums Manager Submitted by: Status: Kathy Moldenhauer, Director of Recreation & Culture Approved - 02 Aug 2022 Jason Burgess, CAO Approved - 02 Aug 2022 Page 3 of 4 Page 915 of 1156 Wall of Fame 2022 Inductee Brief Biography Wendy Leard Though she was born in Halifax, Wendy Leard was raised in Niagara Falls and began her dancing career at Miss Helen’s Dance Studio on Queen Street. Her talent took her to Toronto where she became General Manager of 4 studios owned by the Roland and Romaine Dance Company. Her accomplishments include touring Canada with the Ford Canada Industrial Show and being a member of ‘Rich Blend’, a singing group that travelled the U.S.A and Canada with a stage show, but according to Wendy her greatest accomplishment remains her dance studio. The Wendy Leard School of Dance opened in 1980 on Queen Street, just down the road from the former Miss Helen’s where Wendy first learned to dance, and for 37 years they have focused on Fun, Friendship and Fabulous classes with a showstopping end of year Showcase. Ms. Leard’s studio regularly participates in community events and activities to ensure that the studio is part of the community of Niagara Falls. Page 4 of 4 Page 916 of 1156 1 Heather Ruzylo To:Jim Diodati Subject:RE: [EXTERNAL]-Raising of the Ukrainian flag on August 24, 2022 From: Jim Diodati <jdiodati@niagarafalls.ca> Sent: Friday, July 15, 2022 6:12 PM To: Irene Newton < Bill Matson <billmatson@niagarafalls.ca>; Heather Ruzylo <hruzylo@niagarafalls.ca>; Heather Phillips <hphillips@niagarafalls.ca> Cc: Tatjana Jaluvka <tjaluvka@niagarafalls.ca> Subject: RE: [EXTERNAL]-Raising of the Ukrainian flag on August 24, 2022 Hello Irene: Thank you for your note and yes, we appreciate your request and I have included our City Clerk to pass through our typical protocol. Heather Phillips in our office will follow up with the calendar details and timing. Jim Jim Diodati | Mayor | City of Niagara Falls 4310 Queen Street | Niagara Falls, ON L2E 6X5 | 905.356.7521 X 4201 | jdiodati@niagarafalls.ca From: Irene Newton < Sent: Friday, July 15, 2022 5:57 PM Subject: [EXTERNAL]-Raising of the Ukrainian flag on August 24, 2022 Page 917 of 1156 2 Good day Mayor, I am writing on behalf of the Ukrainian Canadian Congress, Niagara Branch, and the Ukrainian community. On August 24th we usually celebrate Ukraine's Independence Day, and this year would mark the 31st anniversary. This year, however, we are not celebrating, due to the hideous unwarranted war and slaughter of innocent people in Ukraine by the Russian Government. Instead we would all like to show our solidarity by raising the Ukrainian flag again to show that we in Canada stand with Ukraine and pray that we will see the day that the war ends and Ukraine will live to celebrate its 32nd year of independence from their Russian oppressors. I am asking that your City Hall please raise the Ukrainian flag on Wednesday, August 24th in the morning, and keep it raised through the weekend, at least. If our organization can have someone from our branch be present at the function we will certainly send someone as a representative. Please let me know if you would agree to participate in this day of honour for Ukraine and its people, and at what time you would do this. You can reach me at this email, or by phone. We thank you in advance for your support and assistance. Glory to Ukraine! Glory to the Heroes! Sincerely, Irene Newton President Ukrainian Canadian Congress, Niagara Branch 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 918 of 1156 1 Heather Ruzylo To:Will Foran Subject:RE: Flag-Raising Request - United Way Niagara From: Will Foran <will@unitedwayniagara.org> Sent: Friday, July 29, 2022 2:27 PM To: Heather Ruzylo <hruzylo@niagarafalls.ca> Subject: RE: Flag-Raising Request - United Way Niagara Good afternoon Heather, We are flexible on the date, as the campaign kicks off on September 14, 2022 but we are visiting many local municipalities throughout the following week. The ceremony should only be 5-10 minutes long with one of our staff providing brief remarks. We have the flag to provide and if its up only for one to two weeks that’s fine. Could I suggest Tuesday, September 20 at 11:00 am as a starting point? We would love a photo op with the Mayor and CAO for our social media as well. The flag is white with our red United Way logo on it, as attached. Thanks! Will Foran (he/him) Marketing and Communications Officer Cell: 905-246-5846 Tel: 905-688-5050 ext. 2110 United Way Niagara From: City Website <donotreply@niagarafalls.ca> Sent: Wednesday, July 27, 2022 4:47 PM To: Bill Matson <billmatson@niagarafalls.ca> Subject: [EXTERNAL]-Website Contact Form Notice Good News! You just got a new response to 'Clerk's Contact Form'! First Name Will Last Name Foran Phone Number Page 919 of 1156 2 9056885050 Email Address will@unitedwayniagara.org Message If your inquiry pertains to a certain address, please include it in your message so we can help you quicker. On behalf of United Way Niagara, I'm reaching out to inquire about raising our United Way flag this September in conjunction with our annual fundraising campaign. Each year we strive to raise millions of dollars to help local people out of poverty and we can't accomplish our goals without the help of local municipalities like Niagara Falls. If you have any applicable forms or need me to provide any further information to move this request forward please let me know. Would you like to subscribe to our newsletter? 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. niagarafalls.ca 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 Page 920 of 1156 1 Heather Ruzylo Subject:Lung Cancer Awareness Month Proclamation On Jul 17, 2022, at 10:52 PM, Maya Sharma <mayaussharma@gmail.com> wrote: Dear Mayor Diodati, My name is Maya Sharma, a Niagara Falls native and a member of the Canadian Lung Cancer Screening Initiative (CLCSI), the sister organization of the American Lung Cancer Screening Initiative (ALCSI; www.alcsi.org). Together, we are a team of over 200 doctors and students working to raise awareness for lung cancer and lung cancer screening with the hopes of helping high-risk individuals get screened for lung cancer. We would like to request a proclamation to declare November 2022 as Lung Cancer Awareness Month to raise awareness for lung cancer and lung cancer screening. Lung cancer is the deadliest cancer in Canada and the world, but it has been shown that lung cancer screening significantly reduces mortality as it can help to diagnose lung cancer earlier. However, only 5.7% of high-risk individuals are currently getting screened in the US, and Canadian statistics even further behind. This means thousands of lives are lost every year simply due to a lack of awareness. A proclamation would lend official recognition to the importance of educating the public on lung cancer, as well as emphasize your personal commitment to raising awareness about the resources available to screen for the disease early-on. We have gotten 105 proclamations in every single U.S. state, and we hope we can get a proclamation in Niagara Falls as well this year. Along with this letter, I have attached a sample proclamation that may help your office compose the appropriate proclamation for Niagara Falls. Thank you so much for your valuable time and consideration. Sincerely, Maya Sharma Canadian Lung Cancer Screening Initiative 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 921 of 1156 Whereas, lung cancer is the leading cause of cancer death among men and women in Canada, accounting for more deaths than colon cancer, breast cancer, and prostate cancer combined; (1,2) Whereas, over 20,000 Canadians are expected to die of lung and bronchus cancer in 2022, representing nearly one quarter of all cancer deaths in Canada; (1,2) Whereas, according to research by Canadian oncologists, lung cancer is expected to be the most commonly diagnosed cancer in Canada, with over 30,000 new lung cancer cases expected in 2022; (2) Whereas the 5-year survival rate for localized lung cancer is ~60%, yet only ~24% of lung cancers are diagnosed at this stage; (3) Whereas, screening for lung cancer for high-risk individuals using low-dose computed tomography can lead to the earlier detection of lung cancer and save lives, reducing the mortality by 20% when compared to screening by chest x-ray in the National Lung Screening Trial (4) and reducing the risk of death at 10 years by 24% in men and 33% in women as demonstrated by another large randomized trial; (5) Whereas, funding for lung cancer research trails far behind funding for research of many other cancers, and additional research is needed in early diagnosis, screening, and treatment for lung cancer as well as in lung cancer affecting women and lung cancer health disparities; Whereas, organizations working in Canada such as the Canadian Lung Cancer Screening Initiative are committed to educating about lung cancer and lung cancer screening and working to increase lung cancer screening rates. Therefore, I, Mayor _______ , hereby proclaim November 2022 as Lung Cancer Awareness Month in ____ , and recognize the need for research in lung cancer affecting women and lung cancer health disparities, and encourage all citizens to learn about lung cancer and early detection through lung cancer screening. Page 922 of 1156 (1)Canadian Cancer Statistics Advisory Committee. Canadian Cancer Statistics 2022. Canadian Cancer Society; 2022: https://cancer.ca/en/research/cancer-statistics (2)Brenner, D. R., Poirier, A., Woods, R. R., Ellison, L. F., Billette, J.-M., Demers, A. A., Zhang, S. X., Yao, C., Finley, C., Fitzgerald, N., Saint-Jacques, N., Shack, L., Turner, D., &amp; Holmes, E. (2022). Projected estimates of cancer in Canada in 2022. Canadian Medical Association Journal, 194(17). https://doi.org/10.1503/cmaj.212097 (3)“Cancer of the Lung and Bronchus - Cancer Stat Facts.”SEER, seer.cancer.gov/statfacts/html/lungb.html. (4)National Lung Screening Trial Research Team, Aberle DR, Adams AM, et al. Reduced lung-cancer mortality with low-dose computed tomographic screening.N Engl J Med. 2011;365(5):395-409. doi:10.1056/NEJMoa1102873 (5)de Koning HJ, van der Aalst CM, de Jong PA, et al. Reduced Lung-Cancer Mortality with Volume CT Screening in a Randomized Trial.N Engl J Med. 2020;382(6):503-513. doi:10.1056/NEJMoa1911793 Page 923 of 1156 July 18, 2022 Re: 22nd Annual Child Care Worker and Early Childhood Educator Appreciation Day, October 18, 2022 To Ontario mayors and councils, We are writing to ask that you and your council proclaim and participate in Child Care Worker & Early Childhood Educator Appreciation Day on Tuesday, October 18, 2022. This day recognizes the commitment, hard work and dedication of Registered Early Childhood Educators (RECEs) and staff who work with young children. Each year, the day is proclaimed by The Ontario Coalition for Better Child Care (OCBCC), the Canadian Union of Public Employees (CUPE), municipalities and school boards across Ontario, and is marked by hundreds of child care centres, unions, and allies. This year’s Child Care Worker and Early Childhood Educator Appreciation Day is especially important as we start to build the Canada-Wide Early Learning and Child Care (CWELCC) program - a system of not- for-profit, accessible, affordable, high-quality care in Canada. After decades of advocacy, we are on our way to $10-a-day child care. But to build a system that will serve all the families that need it, we must solve the child care workforce crisis. This starts by recognizing that ECEs and child care workers are worth more – and committing to decent work and pay for all those in the child care sector. If your council does not issue official proclamations, there are many ways for your municipality to participate in celebrating this important day: • Your council sponsors a public announcement; • Display our posters and distribute our buttons; and • Organize events and contests for the day or have councilors or the mayor participate in events hosted by child care centres. A sample proclamation and document outlining additional ways to recognize this important day is attached. We would love to acknowledge municipalities who choose to celebrate child care workers and ECEs across Ontario on October 18, 2022. Please let us know how your municipality is participating in the appreciation day and we will add you to our list of proclamations and celebrations. Please direct any correspondence on proclamations and/or celebration activities to the attention of Carolyn Ferns, by mail: Ontario Coalition for Better Child Care, PO Box 73034 Wood Street PO Toronto, ON M4Y 2W5, or by email at: carolyn@childcareontario.org. Thank you for your consideration. Sheila Olan-MacLean President, OCBCC Fred Hahn President, CUPE Ontario Division lpd/cope491 Page 924 of 1156 Le 18 juillet 2022 Objet : la 22e Journée annuelle de reconnaissance des travailleurs des services éducatifs à l’enfance, le 18 octobre 2022 Aux maires et aux conseillers municipaux de l’Ontario, Par la présente, nous vous demandons à vous et à votre Conseil municipal de proclamer et de célébrer la Journée de reconnaissance des travailleurs des services éducatifs à l’enfance, le mardi 18 octobre 2022. Cette journée reconnaît l'engagement, le travail acharné et le dévouement des éducateurs et éducatrices de la petite enfance agréé(e)s (ÉPEA) et du personnel qui travaillent avec les jeunes enfants. Chaque année, la journée est proclamée par la Coalition ontarienne pour de meilleurs services éducatifs à l’enfance (COMSÉE), le Syndicat canadien de la fonction publique (SCFP), les municipalités et les conseils scolaires de l'Ontario. Elle est célébrée par des centaines de garderies, de syndicats et d'alliés. La Journée de reconnaissance des travailleurs des services éducatifs à l’enfance revêt une importance particulière cette année alors que nous envisageons la mise en place du Système d’apprentissage et de garde des jeunes enfants pancanadien (SAGJEP), un système sans but lucratif, abordable et de grande qualité au Canada. Après des décennies de plaidoyer, nous sommes en voie de mettre en place des services de garde d’enfants à 10 $ par jour. Pour construire un système qui répondra aux besoins de toutes les familles qui en ont besoin, nous devons résoudre la crise qui sévit en matière de personnel. Pour ce faire, il faut d’abord reconnaître que les ÉPE et les travailleurs et travailleuses en garderie valent plus et s’engager à offrir un travail et un salaire décents à tous ceux et celles qui travaillent dans le secteur des services de garde. Même si votre Conseil municipal n’émet pas de proclamation officielle, il y a de nombreuses façons de participer er de célébrer cette importante journée, par exemple : • Parrainer une annonce publique. • Apposer nos affiches et distribuer nos macarons. • Organiser des événements et des concours pendant la journée ou encore ou encore vous assurer que les conseillers municipaux et le maire participent à des activités organisées par les garderies. Vous trouverez ci-joints un exemple de proclamation ainsi que des documents faisant ressortir d’autres manières de reconnaître cette importante journée. Nous tenons à reconnaître les municipalités qui célébreront les ÉPE et les travailleurs et travailleuses en garderie, à l’échelle de l’Ontario, le 18 octobre 2022. Veuillez nous informer de la façon dont votre municipalité participera à cette Journée et nous l’ajouterons à notre liste de proclamations et de célébrations. Veuillez faire parvenir toute correspondance touchant les proclamations et/ou activités de célébration à l’attention de Carolyn Ferns, par la poste à la Coalition ontarienne pour de meilleurs services éducatifs à l'enfance, Boîte postale 73034, Wood Street PO, Toronto (Ontario) M4Y 2W5 ou par courriel à carolyn@childcareontario.org. Nous vous remercions de l’attention que vous porterez à la présente. Sheila Olan-MacLean Présidente de la COMSÉE Fred Hahn Président de la division de l’Ontario du SCFP lpd/cope491 Page 925 of 1156 Ontario Coalition for Better Child Care Phone: 416-538-0628 Ext. 2 Email: info@childcareontario.org This day recognizes the commitment, hard work and dedication of Early Childhood Educators (ECEs) and staff who work with young children. Each year, the day is proclaimed by The Ontario Coalition for Better Child Care (OCBCC), the Canadian Union of Public Employees (CUPE), municipalities and school boards across Ontario, and is marked by hundreds of child care centres, unions, and allies. Tips to Recognize and Celebrate the Day! Everyone Municipalities School Boards Child Care Centres Show child care workers your appreciation on social media: • Share photos of how you’re celebrating the day • Share an event prior to the date to raise awareness • Write a kind message about a child care provider you know • Use the hashtag #ECEappreciation and tag us @ChildCareON • Place an ad in the local newspaper promoting the day • Nominate staff from local child care centres to be recognized by the Mayor • Encourage local councillors to tour child care centres to find out more about this important work • Organize a community-wide celebration to recognize individual staff, centres, and programs • Insert the day on the October calendar • Arrange to have the day announced on the PA • Encourage classes of students to visit the child care centre • Set up a Wall of Fame where parents have the opportunity to say thank you to staff • Place our poster on school bulletin boards • Host a pizza lunch for staff • Give staff members a certificate of appreciation. • Have every staff in the centre vote on one child care champion of the year • Set up a board near the entrance of the centre where parents may write thank-you notes • Place our poster on the main doors * Contact the OCBCC to order posters and buttons by Monday, October 3, 2022 to ensure timely delivery. 22ND ANNIVERSARY | OCTOBER 18, 202 2 CHILD CARE WORKER AND EARLY CHILDHOOD EDUCATOR APPRECIATION DAY lpd/cope491 Page 926 of 1156 Coalition ontarienne pour de meilleurs services éducatifs à l’enfance Téléphone : 416-538-0628, poste 2 Adresse courriel : info@childcareontario.org Cette journée reconnaît l’engagement, le travail acharné et le dévouement des éducateurs et éducatrices de la petite enfance (ÉPE) et du personnel qui travaillent avec les jeunes enfants. Chaque année, la journée est proclamée par la Coalition ontarienne pour de meilleurs services éducatifs à l’enfance (COMSÉE), le Syndicat canadien de la fonction publique (SCFP), les municipalités et les conseils scolaires de l’Ontario. Elle est célébrée par des centaines de garderies, de syndicats et d’alliés. Quelques idées sur la façon de célébrer la journée ! Tout le monde Les municipalités Les conseils scolaires Les garderies Montrez votre appréciation des travailleurs et travailleuses des services éducatifs à l’enfance sur les médias sociaux : •Partagez des photos sur la façon dont vous célébrez la journée. • Annoncez un événement avant sa tenue afin de sensibiliser la population. • Écrivez un petit mot gentil à propos d’un(e) travailleur et travailleuse en garderie que vous connaissez. • Utilisez le mot clic #ECEappreciation et balisez-nous à @ChildCareON. • Placez une annonce dans le journal local faisant la promotion de la journée. • Nommez des membres du personnel des garderies locales remarquables que le maire devrait reconnaître. • Invitez les conseillers et conseillères municipaux à visiter des garderies pour en savoir plus sur ce travail important. • Organisez une célébration à l’échelle de la communauté afin de reconnaître des membres du personnel, des garderies et des programmes. • Inscrivez le jour à l’agenda d’octobre. • Veillez à ce que la journée soit annoncée sur le système électroacoustique. • Invitez les élèves à visiter la garderie. • Installez un Mur de la renommée où les parents peuvent laisser un mot de remerciement au personnel. • Apposez notre affiche sur le babillard du conseil scolaire. • Organisez un dîner-pizza pour le personnel. • Remettez à chaque membre du personnel un certificat d’appréciation. • Demandez au personnel de voter pour le champion des services de garde d’enfants de l’année. • Installez un babillard près de l’entrée de la garderie où les parents peuvent écrire un mot de remerciements. • Apposez une affiche sur les portes principales. * Veuillez communiquer avec la COMSÉE pour commander des affiches et des macarons au plus tard le lundi 3 octobre 2022 pour garantir la livraison en temps opportun. 22E ANNIVERSA IRE | LE 18 OCTOBRE 2022 JOURNÉE DE RECONNAISSANCE DES TRAVAI L LEURS DES SERVICES ÉDUCATIFS À L'ENFANCE lpd/cope491 Page 927 of 1156 22nd Annual Child Care Worker and Early Childhood Educator Appreciation Day October 18, 2022 Proclamation Whereas years of research confirms the benefits of high-quality early learning and child care for young children’s intellectual, emotional, so cial and physical development and later life outcomes; and Whereas child care promotes the well-being of children and responds to the needs of families and the broader community by supporting quality of life so that citizens can fully participate in and contribute to the economic and social life of their community; and Whereas trained and knowledgeable Registered Early Childhood Educators and child care staff are the key to quality in early learning and child care programs; Whereas Registered Early Childhood Educators and child care workers will be vital to the success of the Canada-Wide Early Learning and Child Care system; Therefore, Be It Resolved that October 18, 2022 be designated the 22nd annual “Child Care Worker & Early Childhood Educator Appreciation Day” in recognition of the education, dedication and commitment of child care workers to children, their families and quality of life of the community. lpd/cope491 Page 928 of 1156 22e Journée annuelle de reconnaissance des travailleurs des services éducatifs à l’enfance Le 18 octobre 2022 Proclamation Attendu que des années de recherche viennent confirmer les avantages des services de garde d’enfants de haute qualité pour le développement intellectuel, émotionnel, social et physique des jeunes enfants et leurs résultats plus tard dans la vie; et Attendu que les services de garde d’enfants favorisent le bien-être des enfants et pourvoient aux besoins des parents et de l’ensemble de la communauté en soutenant la qualité de vie afin que les citoyens et citoyennes puissent participer et contribuer pleinement à la vie économique et sociale de leur communauté; et Attendu que les éducateurs et éducatrices de la petite enfance et les travailleurs et travailleuses en garderie formé(e)s et compétent(e)s sont la clé de la qualité des programmes d'apprentissage et de garde d’enfants , Attendu que les éducateurs et éducatrices de la petite enfance et les travailleurs et travailleuses en garderie agréé(e)s seront essentiel(le)s à la réussite du Système d’apprentissage et de garde des jeunes enfants pancanadien, Il est donc résolu que le 18 octobre 2022 soit désigné comme la 22e Journée annuelle de reconnaissance des travailleurs des services éducatifs à l’enfance en reconnaissance de l'éducation, du dévouement et de l'engagement des travailleurs et travailleuses en garderie envers les enfants, leurs familles et la qualité de vie de la communauté. lpd/cope491 Page 929 of 1156 1 Heather Ruzylo Subject:RE: [EXTERNAL]-PKD Awareness Day 2022 From: Keara Johnson <kjohnson@endpkd.ca> Sent: Thursday, July 14, 2022 10:55 AM To: Jim Diodati <jdiodati@niagarafalls.ca> Cc: Clerk <clerk@niagarafalls.ca> Subject: [EXTERNAL]-PKD Awareness Day 2022 Dear Mayor Jim Diodati, My name is Keara and I am the Foundation Coordinator for the PKD Foundation of Canada. As you may recall, last year you recognized September 4th as National Polycystic Kidney Disease (PKD) Awareness Day, which the community was tremendously grateful for. I wanted to reach out in hopes that you will recognize this important issue again on September 4, 2022. Polycystic kidney disease (PKD) is one of the most common, life-threatening genetic diseases. PKD causes abnormal cysts to develop and grow in the kidneys and the enlargement of cysts causes kidney function to decline. While this is a very serious and irreversible disease affecting approximately 1 in 400 to 1 in 500 Canadians (including many Niagara residents), most people outside of the PKD community have never heard of it. This makes it more challenging to get the attention of important decision makers when it comes to funding and research. The PKD Foundation of Canada aims to promote programs of research, advocacy, education, support and awareness to discover treatments and a cure for polycystic kidney disease, improving the lives of all it affects. Since 2014, Health Canada has officially recognized September 4th as National Polycystic Kidney Disease (PKD) Awareness Day, bringing much-needed attention to this disease. Being able to leverage this national recognition has had a positive impact on the community and our efforts. Last year, in addition to your support, we had more than 40 municipalities across Canada officially support this important day and we would greatly appreciate if you could once again proclaim September 4, 2022 as National Polycystic Kidney Disease (PKD) Awareness Day in the City of Niagara Falls and raise our End PKD flag in support. Please do not hesitate to reach out if you have any questions or require more information. Thank you! Hope you have a wonderful day! Keara Johnson (she/he r) Foundation Coordinator PKD Foundation of Canada www.endpkd.ca 3-1750 The Queensway, Suite 158, Etobicoke ON, M9C 5H5 Page 930 of 1156 2 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 931 of 1156 A Great City … For Generations To Come FIRE DEPARTMENT Inter-Departmental Memo To: Bill Matson City Clerk From: Jo Zambito Fire Chief Date: July 29, 2022 Re: Fire Prevention Week 2022 Please arrange to have the attached Proclamation placed on the August 9, 2022 Order of Business for Council. It is requested that the week of October 9 to October 15, 2022 be proclaimed as “Fire Prevention Week”. This year is the 100th Anniversary of Fire Prevention Week and the theme is “Fire Won’t Wait. Plan Your Escape.” JZ/dt Attach. Page 932 of 1156 City of Niagara Falls Mayor’s Proclamation WHEREAS the City of Niagara Falls is committed to ensuring the safety and security of all those living and visiting our City; and WHEREAS fire is a serious public safety concern, both locally and nationally, and homes are where people are at the greatest risk to fire; and WHEREAS roughly two-thirds of home fire deaths resulted from fires in which no smoke alarms or no working smoke alarms were present; and WHEREAS working smoke alarms cut the chance of dying in a reported fire in half; and WHEREAS residents who have planned and practised a home fire escape plan are more prepared and will therefore be more likely to survive a fire; and WHEREAS the Ontario Fire Code requires at least one smoke alarm on every level of the home (including the basement) and outside all sleeping areas; and WHEREAS informing the public about the importance of smoke alarm installation and maintenance serves an essential step toward increasing the public’s safety from home fires; and WHEREAS Niagara Falls residents are dedicated to public education measures and are able to take personal responsibility to increase their safety from fire, especially in their homes; and WHEREAS this year is the 100th Anniversary of Fire Prevention Week and the 2022 Fire Prevention theme for this period is “Fire Won’t Wait. Plan Your Escape.” NOW THEREFORE, I James M. Diodati, Mayor of Niagara Falls, do hereby proclaim October 9th to 15th, 2022 as Fire Prevention Week; and FURTHER, encourage all residents to protect their homes and families by heeding the potentially life-saving messages of Fire Prevention Week 2022 and to support the many public safety activities and efforts of the Niagara Falls Fire Department; and FURTHER, challenge all residents to take responsibility for their fire safety and check their homes and ensure that they have a working smoke alarm on every floor of their house and outside their sleeping areas, as well as at least on e working carbon monoxide alarm and have planned and practised their home escape plan. Page 933 of 1156 A Great City … For Generations To Come PLANNING, BUILDING & DEVELOPMENT Inter-Departmental Memo To: Mayor James M. Diodati & Members of Council From: Scott Turnbull, Planner I, M.PL Date: August 9th, 2022 Re: PLC-2022-013, Request for Removal of Part Lot Control Lot 15, Registered Plan No.82, Mulhern Subdivision 4608-4612 Lee Avenue Niagara Falls Daniel Nicoletti and Matthew Baldassarro have requested Council pass a by-law to exempt Part Lot Control for Lot 15, on Registered Plan No. 82 to transfer the ownership of semi-detached dwelling units that are under construction. Lot 15 is proposed to be divided into 2 parts for a semi-detached dwelling unit on each lot, totaling 2 semi-detached dwelling units. The request can be supported based on the following:  The zoning permits semi-detached 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 separa tely. ST Attach. S:\PART LOT CONTROL\2022\PLC-2022-013- 4608-4612 LEE AVE\Memo to Council - PLC-2022-013.docx Page 934 of 1156 A Great City … For Generations To Come PLANNING, BUILDING & DEVELOPMENT Inter-Departmental Memo To: Mayor James M. Diodati & Members of Council From: Scott Turnbull, Planner I, M.PL Date: August 9th, 2022 Re: PLC-2022-014, Request for Removal of Part Lot Control Lot 16, Registered Plan No. 82, Mulhern Subdivision 4590-4598 Lee Avenue, Niagara Falls Alessandro & Louie Marone have requested Council pass a by-law to exempt Part Lot Control for Lot 16 on Registered Plan No. 82, to transfer the ownership of semi- detached dwelling units that are under construction. Lot 16 is proposed to be divided into 2 parts for a semi-detached dwelling unit on each lot, totaling 2 semi-detached dwelling units. The request can be supported based on the following:  The zoning permits semi-detached 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. ST Attach. S:\PART LOT CONTROL\2022\PLC-2022-014- 4590-4598 LEE AVE\Memo to Council - PLC-2022-014.docx Page 935 of 1156 A Great City … For Generations To Come PLANNING, BUILDING & DEVELOPMENT Inter-Departmental Memo To: Mayor James M. Diodati & Members of Council From: Scott Turnbull, Planner I, M.PL Date: August 9th, 2022 Re: PLC-2022-015, Request for Removal of Part Lot Control Blocks 107 & 108, Registered Plan 59M-484, Forestview Estates 7101-7129 & 7133-7149 Parsa Street Kenmore Homes (Niagara Falls) Inc. has requested Council pass a by-law to exempt Part Lot Control from Blocks 107 & 108, on Registered Plan 59M-484 to transfer the ownership of townhouse dwelling units that are under construction. Block 107 is proposed to be divided into 6 parts. Parts 1-4 are for 4 townhouse dwelling units under construction, Part 5 is for a future 4-unit townhouse block, and Part 6 is for stormwater easement purposes. Block 108 is requested to be divided into 5 parts for 5 townhouse dwelling units. The request can be supported based on the following:  A master grading plan for Blocks 107 & 108 shall be submitted prior to the issuance of a building permit and to the satisfaction of Municipal Works.  The zoning permits 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. ST Attach. S:\PART LOT CONTROL\2022\PLC-2022-015 - FORESTVIEW ESTATES (BLOCKS 107 & 108)\Memo to Council - PLC-2022- 015.docx Page 936 of 1156 1 Heather Ruzylo Subject:RE: [EXTERNAL]-India's Independence Day - August 15 From: Carey Campbell <ccampbell@niagarafalls.ca> Sent: Thursday, August 4, 2022 5:39 PM To: Raul Dudnic <dudnic@rogers.com>; Heather Ruzylo <hruzylo@niagarafalls.ca>; Bill Matson <billmatson@niagarafalls.ca>; Heather Phillips <hphillips@niagarafalls.ca> Cc: Carey Campbell <ccampbell@niagarafalls.ca> Subject: Re: [EXTERNAL]-India's Independence Day - August 15 Hello Raul: Thanks for this, I’m including our City Clerk so your request can come before Council on Tuesday in advance of the flag raising on August 15th! Heather Phillips in our office can then arrange a time that works on that day to schedule the flag raising. carey On Aug 4, 2022, at 5:11 PM, Raul Dudnic < > wrote: Hi Mr. Mayor, hi Carey I am writing regarding India's Independence Day on August 15. I remember the City did a flag ceremony for the Polish National Day, and I was wondering if it's possible to do the same for India. As you know my wife is Canadian-Indian and she is a member of Niagara's Chinmaya Mission. The members of this organization will be happy to participate, as well as other members of Niagara's Canadian-Indian community. Please let me know what is the procedure for officially requesting this. All the best, Raul Raul Dudnic Producer ROMANIAN TV @ OMNI 1 - Rogers TV, Toronto - mobile 1-289-296-5868 - office dudnic@rogers.com www.noiromanii.ca Page 937 of 1156 2 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 938 of 1156 July 13, 2022 CLIMATE EMERGENCY DECLARATION At the meeting held on July 6, 2022, Council of the Township of Mulmur passed the following resolution. Moved by Boxem Seconded by Clark WHEREAS the impacts of climate change are being felt in Mulmur and will continue to intensify, posing acute and lasting risks to people, business, and natural ecosystems; AND WHEREAS these risks include, but are not limited to, extreme weather, threats to human health and wellbeing, economic disruption, food and water insecurity, social instability and threats to all other life on earth; AND WHEREAS Mulmur has a crucial role to play in responding to, changing and mitigating the contributions to climate change through responsible planning and budgeting; AND WHEREAS Council's Strategic Plan identifies a priority path of “Growing a Sustainable Mulmur: being proactive in sustainable initiatives to ensure the long term well-being of Mulmur”; AND WHEREAS the Township of Mulmur’s Official Plan provides a policy for growth management where land use patterns shall “minimize negative impacts to air quality and climate change, and promote energy efficiency ”; NOW THEREFORE BE IT RESOLVED THAT Council of the Township of Mulmur declare a Climate Emergency for the purpose of recognizing and deepening our commitment to protecting our economy, ecosystems, and community from climate change; AND THAT, in response to this Climate Emergency, Council seeks to limit its contributions to the climate crisis, by way of the following actions: 1. That Council review the current Strategic Plan action items for “Growing a Sustainable Mulmur” to reprioritize commitments and identify additional areas to take action. 2. That Council direct staff to identify climate change options at budget time for Council consideration. 3. That Council direct staff to arrange training on climate change and climate lens adaptation to be scheduled in 2023. AND FURTHER THAT this resolution be forwarded to all Ontario municipalities for their information and potential action. CARRIED. Sincerely, Tracey Atkinson Tracey Atkinson, CAO/Clerk/Planner Township of Mulmur Page 939 of 1156 His Worship the Mayor and Members of City Council Niagara Falls City Hall 4310 Queen Street Niagara Falls ON L2E 6X5 July 14, 2022 To His Worship the Mayor and Members of City Council, On behalf of the Greater Niagara Chamber of Commerce and the business community it is our privilege to represent, I wish to offer our congratulations on Niagara Falls’ recognition in the Bestcities.org ranking as the fourth best small city in Canada to live, work, and invest in. This honour is well-deserved, and we have all known for a long time that Niagara Falls is not only a world-class tourist destination, but a great place in which to live and work. It is home to many thriving businesses and a great and growing cultural scene. This is to your credit as the government of Niagara Falls. While the businesses themselves create growth and economic vibrancy, it is by your leadership that the environment that lets them thrive has been created. We congratulate you on your work to make Niagara Falls a place where residents and businesses can prosper. We are hopeful for the future, and we are committed to working with you to build even greater success. Sincerely, Mishka Balsom President & CEO, GNCC Page 940 of 1156 Cross border traffic continues to be much depressed topre-pandemictimes. Traffic numbers for June 2022 compared to June 201 9 f o r allOntariocrossingsisdown almost 40%.For Niagara crossings it is worse;down mo re tha n 46%.(Seeattached).Thisis actually slightly worse than in May when it was down less 46%. The mandatory use of the ArriveCan app is the major con trib utin g factortothisdeclinetothe detriment of all border crossings’toll revenue,the touris m i n d u st r y (seeattached)andborder dependent businesses. The government repeatedly states that ArriveCan travell ing ”easierandmore efficient”.At the land border the data suggests othenlvis e. F o r theJuly1-4longweekend,the average processing time per vehicle at the Peace Bridge 1minut e 47secondsandborder wait times to enter Canada were almost two hours.(see Pre- pandemic processing time was less than a minute.The government says that oflandbordercrossersused ArriveCan and that ArriveCan dramatically reduces proces sing time.Sowhyis processing time almost double what it was pre-pandemic? wk BUFFA LO ANDFORTERIEPUBLICBRIDGEAUTHORITY 100 QUEEN S T R E E T, FORTERIE,ONL2A3S6I1PEACEBRIDGEPLAZA,BUFFALO,NY14213-2495 (905)871-1608/(716)884-6744IFAX(905)871-9940/(716)884-2089 www.peacebridge.cQm *\’\ CROSSING P FUTURES THE BRIDGE Vance Badawey Ni ag ara Centre vance.badawey@ rl. gc . caTonyBaldinelliNi ag ar a Falls tony.ba|dine|| i@par|.gc.ca Chris Bittle MP St .chris.bitt| e@parl.gc.ca Dean Allison MP West dean.a|| ison@par|.gc.ca Subject: Dear Me mb ers ofParliame nt; Ju ly 14 , 2022 Page 941 of 1156 '—_'u'_i'Iuu It is not correct for the government to say that "it's use is extremely hit]’’when cross border traffic is almost 50%lower than pre-pandemic levels due to ArriveCan itself causing border avoidance.It becomes a self-fulfilling prophecy when Minister Mendicino says ArriveCan will reduce border delays.But it will not be due to technology,it will be due to reduced volume. Take 50%of the traffic off the QEW driving into Toronto and you won't have any delays there either.As you know,we had predicted back in April that:”At some point the CBSA/Government of Canada will declare success and say that a high percentage of travelers are using ArriveCan.That will not account for the half of the population that has decided it is no longer worth the inconvenience and delays to cross the border.” ArriveCan will never work as intended at the land border.In the air,rail and marine (cruise) modes,travelers entering Canada are all required to buy a ticket meaning there is a transaction wherein the purchaser can be informed and even compelled to ?le with ArriveCan before getting on a plane,train or ship.The land border does not work that way as there is no commercial transaction prior to arriving at the border.Further,in those other travel modes,people are pedestrians as they approach CBSA inspection booths/kiosks and are much easier to direct and move than cars lined up in an inspection lane. The government insistence on mandatory ArriveCan at the land border demonstrates a lack of understanding of how the land border functions compared to the other travel modes.Air, rail and marine modes result in stays in Canada that are on average much longer than land crossings.The requirement to use the app for every border crossing is a disincentive to same- day discretionary travel.Unlike those other modes,the nature of this bi—nationa|community is being able to cross frequently to visit friends or family,for dinner,a show,a winery tour,a baseball game,shopping,beach,etc without going through the process and inconvenience of border for discretionary travel as they have enjoyed for decades.It is obvious that ArriveCan was never designed for land border same-day travel.The apprequiredtravelerstoincludeaCanadianaddresswhichisobviouslynotapplicableforsamedaytravel.While that requirement has since been removed,there are ongoing serious issuesthatconfirmtheappdoesnotaccommodatesame-day travel leading to frustration andborderavoidance.For example,we have had multiple instances of our Peace Bridge U.S.Board members and staff receiving quarantine notices even though they reside in the U.S.Page 942 of 1156 -I|'h Attached is a quarantine notice received last week by a U.S.employee who works in Canada but returns to the U.S.every day.This is just the Peace Bridge;we can only imagine how many others have received similar notices and how many other people they tell about their negative experience entering Canada.We are sure this is not how the government wants to welcome visitors to Canada. Similarly,the government differentiates between essential and discretionary travel even though both are required to be vaccinated.This requires individuals to cancel their "essential" ArriveCan filing and re?le as ”discretionary"each and every time they cross for non-essential purposes even though their vaccination status is exactly the same.Even Peace Bridge board members have been frustrated by experiencing hostile questioning at the border for not having cancelled and refiled and then having difficulty refiling.The aggravation and inconvenience simply result in travelers choosing to avoid using the app and to no longer cross the border.Many question what the point is in ?ling ArriveCan within 72 hours of arriving at the border each time when their vaccination status is the same as it was a week ago,a month ago,a year ago,etc. Ironically,while the government states that ArriveCan is necessary to ensure that only fully vaccinated travelers enter Canada,Health Minister Duclos has said "the previous de?nitions of ’’fullyvaccinated”makes no sense,explaining that its more important that shots are ”up to date”and whether or not a person has ’’received a vaccination in the last nine months.”If it makes no sense,why does the government still require cross border travelers to be ’’fully vaccinated"as per the current definition?Until a new de?nition is put in place border travelers should be included with the dropped vaccine mandate for domestic air and rail travel particularly since New York State has a vaccination rate almost equal to Ontario's. Less technically savvy seniors are choosing to no longer cross the border.For example,we areawareofanelderlycouplewhosedaughterandfamilyliveinNorthCarolinabuttheywillnotgototheU.S.to visit them due to the requirements of ArriveCan and their fear of being ?nedorquarantinedforfailingtofileArriveCanproperlyupontheirreturntoCanada.Manyseniorsdonothaveasmartphone.A January 2022 PEW Research survey found "that 96%ofthoseages18to29ownasmartphonecomparedwith67%of those 65 and older,a 35percentagepointdifference.’’only having to file once would dramatically assist as seniorsPage 943 of 1156 could file before leaving Canada and not worry about the 72-hour rule upon returning,a time frame within which they may not have assistance. Even travelers arriving at the border with smart phones and trying to ?le have difficulties due to poor wi-fi connectivity,competing U.S.and Canadian cell towers,roaming,not having data plans,language barrier,etc.We have seen travelers holding their phone out the car window waving them around trying to get a signal. ArriveCan is not known in the U.S.but many Canadians are also not familiar with it,in part because there is no similar U.S.requirement to enter the U.S.In the past the Canadian and U.S.governments worked together to harmonize border requirements,making it easy for travelers to understand border crossing requirements.The results of such collaboration were the NEXUSand FAST programs,bi-national programs that did much to facilitate border travel while also enhancing security.Unfortunately,the failure to reopen NEXUS/FASTenrollment centers in Canada has resulted in a 400,000 person application backlog exacerbating delays and frustration at the border as more people are forced to use regular lanes as opposed to the much quicker NEXUS lanes. Here are our suggestions: 0 ArriveCan should be voluntary.If the facilitation benefits (reduced processing time,less border delay)are as the government states,then travelers will use the app.If not,they won't. 0 You should only have to ?le with ArriveCan once.The essential and discretionary and the vaccine status does not change.Assists seniors.0 Land border crossers should be treated similarly to domestic air and rail travelers0CBSAimprovewi-fi at the border0Addvaccinationstatustothedata on a NEXUS cardPage 944 of 1156 .._.._?-'o Reopen NEXUS enrollment centres o Re—engage with the U.S.to collabo ratively managetheborder. We would be prepared to discuss further wit h atyourconvenience. Yours truly Kenneth A Manning Tim Clutterb uckChairVice-chair cc.Prime Minister Trudeau Public Safety Minister Mend icinoHealthMinisterDuclos Niagara Mayors and Counci lsNiagaraRegionChairand C o u n ci l Niagara Medical Of?cer of Hirji Future Borders Coalition Can Am Border Trade Allian ceBridgeandTunnelOperators Encls Page 945 of 1156 (/ ()‘ 4 (n (-2 _ ‘ () _ . 1 -4 ' W ‘ ' 7%‘/. Traf?c Report for the Monih Endm Ambassador Bridge Blue Water Bridge Detroit-Windsor Tunnel Ogdeneburg Bridge Peace BridgeSaultSte.Marie Bridge Bridge AuthoritySeawayInternationalBridge Passenger Cars Buses 8-Misc. TOTAL Passenger Cars Buses 8.MISC. TOTAL Passenger Cars Buses &MISC. TOTAL Passenger Cars TOTALPassengerCarsBuses&Misc.TOTALPassengerCarsBuses&Misc.TOTALPassengerCarsBuses&Misc.TOTALPassengerCarsBuses8.Misc.TOTALPassengerCarsBuses&Misc.TOTALPassengerCarsBuses8.Misc.TOTALPassengerCarsBuses&Misc.TOTALPassengerCarsBuses8.Misc.GRANDTOTA 159 780) (141 652142,076)(100165)102,730)(25 574)25.640(170 620)171,744(57 405)(150,300)(18 37418,374)45 53945,539)114 909(115,259)115196117,260) Bridge andOperator s Association(BTOA) Ontario B or de r Cross ings withMichigan&NewYork UNITED -CANAD A2019-202 2 .51° .72°.04 o2°o94/008A.77%-8 82%o oo ..-8.82%26.99 /o000%6.99%-46 60%59 12%.63%15% 227 517282,744353.2642.591355.85553.78567525296528197 168,711 246,581 247,173239.2522.876242,12342,220 123,172 24231,914124,05681224,86823.986 Percent -41 98 -50.19 /02.01%.25%35%0%%/o/oo 6 48 7 1-48.43%4319000°-43.1 9%-39 18°6 4-39.34% 909 21 1 ,43755.2923,666,958843 2019 2022Chane 380. 640 220.860 -47-47.6-44-63-44.8-50 2,469,123 2,484,479 81, 383,1112,6706,758.217 ,986 1 1.675 5.3681.507,043 L e w ist o n- Q ue en sl o n Bridge 9926253,12528,2111 RapidsBridge T h o us an d IslandsBridge 220,860 9 (18,234 ) (967 44 123, R ai n b o w Btidge 208,217 ) (18,234) 380,6 ( 9 7 1, 28,2 119 (9.988)(3.395) 50 ( 2. 5 /o .50’/v (1 , 1 /o Page 946 of 1156 Border measure s n o w extend ed tofallhaving ‘devastating’im pa ct onNiagar a's tourism DQ restaurant,candy s h o p sayArrive CAN appisdeterrentforAmericanstotravel to Niagara Falls in cruci al s u m m er tourismseason By Niagara This-NiagaraFalls Monday,July 11,2022 Mike La lic ic h isusedtoseeingalotofAmericanvisitorseagertodiveintosoft- serve ic e conesandshakesathisrestaurant,buthe'sseeingfarfewer nowaday s. qa ra T hi s W ee k com Paul Fors yth f! IN E W S 25 °C Thurs day Jul14 Page 947 of 1156 (‘J The owner of the Dairy Queen restaurant on Ferry Street in Niagara Falls believes border measures that the Canadian government has now extended until the fall —including the much-criticized ArriveCAN app —are keeping many Americans from crossing Niagara River. “|used to get $400 or $500 a day in U.S.currency,"Lalicichsaid."We used to get tons of Americans.Now it's a couple of hundred (dollars)a week. "We're taking a beating,"he said.“We’re talking $40,000 or $50,000 a year"in lost business. '‘Itjust doesn't make any sense.” The Public Health Agency of Canada announced on June 29 that it is extending border measures for travellers entering the country until at least Sept.30.That includes requiring all travellers to use the ArriveCAN app to provide mandatory travel information within 72 hours before their arrival in Canada,with few exceptions. Federal Health Minister Jean-Yves Duclos said in a statement that it's important to remember the pandemic is not over."We must continue to do all that we can to keep ourselves and others safe from the virus,"he said. Niagara Falls Mayor Jim Diodati said border mayors and numerous associations representing the travel and hospitality industry are united in demanding the app go so tourism operators can save the crucial summer season after two lost years. ‘‘It(app)lays down more bureaucracy and literally chokes the border,"he said. Confusion over how the app works and the inability of seniors to navigate itwithoutsmartphonesmeansmanyAmericansaresimplystayinghome,saidDiodati."lt’s enough to kill tourism,"he said."lt's the opposite of good customer service.It's maddening.I refer to it as a man-made disaster.‘‘I'mbeing inundated with calls,emails and texts and people stopping me veryupsetaboutthegovernmentdecision,"he said.Page 948 of 1156 The decision also drew the ire of the Greater Niagara Chamber of Commerce at a time when chamber president and CEO Mishka Balsom said the tourism sector has "widespread staffing problems,skyrocketing prices for supplies and materials,supply chain interruptions,and delays and confusion at airports and border crossings.” "We have ceaselessly heard that these measures,particularly the ArriveCAN app,are onerous and present an additional barrier to foreign tourists,”she said. At Reg's Candy Kitchen near the Rainbow Bridge,owner Reg Wall said two regular American customers who tried to walk across the bridge recently to get fudge were turned back by border officers because they didn't have the app. That's happening on a regular basis,he said. “lt’s (app)a deterrent to Americans,"he said. Niagara Falls Conservative MP Tony Baldinelli said the ArriveCAN app is having a "devastating”impact on the local tourism sector. Baldinelli said the local tourism market gets 75 per cent of its annual revenue in a four-month period over the summer,but noted American traffic is down by as much as a half over normal in part due to the border restrictions. “(|t’s)crushed any hope we had of having a strong chance for tourism recovery this summer,”he said. The Canadian Travel and Tourism Roundtable also called on the government to lift all remaining COVID-19 restrictions on travel. Canada's border and limit the sector's ability to recover after more than twoyearsofshutdownsandrestrictions,”the Roundtable said in a news release.Page 949 of 1156 V;. Autos Traffic Volume Autos Avg.Processing Time Autos Avg.Wait Time Autos Peak Wait Time NEXUSTraffic Volume NEXUSAvg.Processing Time NEXUSAvg.Wait Time NEXUSPeak Wait Time 6/29/2022to 7/4/ 202 2 2022 Page 950 of 1156 From:Quarantine -COVID 19 —Quarantaine <quarantine.covid.19.quarantaine@notification.canada.ca> Sent:Friday,July 8,2022 2:04 PM To:Thomas A.Boyle <tab@peacebridge.com> Subject:COVID-19:Emergency Order to isolate/Décret d’urgence d’iso|ement obligatoire C: You are receiving this email from the Government of Canada because you recently entered Canada. An Emergency Order that applies to all travellers arriving in Canada is currently in force.You were informed of this Order when you entered Canada. Since you recently entered Canada with no symptoms of COVID- 19,you must QUARANTINE for a minimum of 14 days in accordance with the instructions you were given by a screening officer or quarantine officer. This means you MUST: .RESPOND to calls or visits from screening of?cers or peace officers.DO NOT leave your place of quarantine unless it is for a AVOID contact with others who did not travel with youUSEONLYprivateoutdoorspaces(i.e.,balcony).DO NOT have any guests.DO NOT use shared spaces such as lobbies,courtyards,restaurants,gyms or pools.COMPLETE your final COVID test on day 8,if applicable.Page 951 of 1156 J..'.|J...._i:"'--II].-5..- .REPORT your COVID-19 symptoms status every day (using the ArriveCAN app,online,or call 1-833-641-0343)until the end of your quarantine or your first reporting of symptoms if you develop symptoms of COVID-19 (new or worsening cough, shortness of breath/difficulty breathing,or feeling feverish,chills, or temperature equal to or over 38°C)OR if you test positive on your day 1 or day 8 test,you MUST: .Immediately isolate yourself from others of your household;.Begin a new 10-day isolation period that starts from the day you swabbed your nose,or developed symptoms,even if your province or territory has a shorter isolation period..Report your symptoms or positive test result by calling 1-800- 641-0343 In addition,if you travelled with a person who develops signs and symptoms of COVID-19 or receives a positive result for any type of test before the expiry of the 14-day period,you must: -Quarantine for an additional 14 days,starting the day you recently exposed to the other traveller,even if Violating any instructions provided to you when you enteredCanadaandthroughoutyourquarantine/isolation period couldleadto:.A ticket of up to $5,000;.Admission into a federal quarantine facility;.6 months in prison;and/or Page 952 of 1156 .Fines of up to $750,000. If you choose to break your mandatory quarantine/isolation, resulting in the death of or bodily harm to another person,you could face: .A fine of up to $1,000,000;or.Imprisonment of up to 3 years;or.Both. The Government of Canada will be calling to monitor compliance with mandatory quarantine.We ask that you please answer calls from phone number 1-888-336-7735.You may also be visited by a screening officer or law enforcement to verify your compliance during your quarantine. You may also be contacted by provincial/territorial authorities throughout your 14-day quarantine.If federal and provincial or territorial guidelines differ,you should follow the more strict requirements. Every Canadian must do their part to limit the spread of COVI D- vulnerable populations.Thank you.FOR MORE INFORMATION,consult the handout.General Inquiries.1-833-784-4397 or canada.ca/coronavirus Page 953 of 1156 RSONAL INFORMATIO Nepersonalinformation y o u pr o vi de totheGovernmentof anada is governed in acco rdan ce withthePrivacyAct. For more details on how yo ur p er so n al informationiscollected, used and disclosed by the Healt h AgencyofCanadato administer and enforce the ActandtheEmergency Orders made under it,pleas e vi si t thiswebsite: https://www.canada.ca/en/ pubIic-health/corporate/stay- informed- stay-connected/canarrive- privacy-notice.html Test lnguiries Contact the service provider that is responsible for the juri sdi ctio n in which you arrived into Canada: .Yukon,British Columbia,Saskatchewan,Ontario LifeLabs 1-877-313-4982 servicetrave|@|ifeiabs.com .Alberta,Atlantic Switch Health 1-888-966-6531 contact@switchhea|th.ca -Quebec Biron 1-866-382-0287 info@biron.com Temporary Foreign Workers entering through Quebec required to contact Dynacare at 1-888-988-1888 .Manitoba Dynacare 1-855-497-1071 Dynacare contact form Page 954 of 1156 1 Heather Ruzylo To:Bill Matson Subject:RE: ArriveCan at the land border From: Carey Campbell <ccampbell@niagarafalls.ca> Sent: Friday, July 15, 2022 1:23 PM To: Ron Rienas <rr@peacebridge.com>; Jim Diodati <jdiodati@niagarafalls.ca>; Bill Matson <billmatson@niagarafalls.ca>; Heather Ruzylo <hruzylo@niagarafalls.ca> Cc: Carey Campbell <ccampbell@niagarafalls.ca> Subject: RE: ArriveCan at the land border Thanks so much, Ron. I’m including the City Clerk so that it can be distributed to Members of Council as well. carey Carey Campbell | Manager | Office of the Mayor and CAO | City of Niagara Falls 4310 Queen Street | Niagara Falls, ON L2E 6X5 | 905.356.7521 X 4206 | ccampbell@niagarafalls.ca From: Ron Rienas <rr@peacebridge.com> Sent: Thursday, July 14, 2022 4:03 PM To: Jim Diodati <jdiodati@niagarafalls.ca> Cc: Carey Campbell <ccampbell@niagarafalls.ca> Subject: RE: ArriveCan at the land border Hi Jim, The e-mail I sent yesterday was reformatted as a letter (attached) from the Peace Bridge Authority. Can you make sure it is circulated to your Council members? Thanks. Ron Rienas General Manager Buffalo & Fort Erie Public Bridge Authority 100 Queen Street, Fort Erie, ON L2A 3S6 | 1 Peace Bridge Plaza, Buffalo, NY 14213 rr@peacebridge.com T 905-994-3676| T 716-884-8636| F 905-871-9940 | F 716-884-2089 | C 905-651-2206 Page 955 of 1156 2 From: Ron Rienas <> Sent: Wednesday, July 13, 2022 3:11 PM To: 'Jim Diodati' <jdiodati@niagarafalls.ca> Subject: FW: ArriveCan at the land border Good afternoon Jim, Yesterday Vance Badawey called me to discuss ArriveCan. It appears as if the new talking points from Ottawa are that ArriveCan is not so bad (see below article in St. Catharines standard). He insinuated that border traffic was approaching pre-pandemic levels. I told him that he was being provided erroneous information. After our discussion he asked me to provide an e-mail (below) with concerns and comments as he is looking to set up a Zoom call with border Mayors and Minister Mendicino on Monday. Have you heard anything about that? Ron Rienas General Manager Buffalo & Fort Erie Public Bridge Authority 100 Queen Street, Fort Erie, ON L2A 3S6 | 1 Peace Bridge Plaza, Buffalo, NY 14213 rr@peacebridge.com T 905-994-3676| T 716-884-8636| F 905-871-9940 | F 716-884-2089 | C 905-651-2206 From: Ron Rienas <> Sent: Wednesday, July 13, 2022 2:49 PM To: 'Badawey, Vance - Personal' <Vance.Badawey.P9@parl.gc.ca> Subject: ArriveCan at the land border Good afternoon Vance, Further to our discussion yesterday, here is the information you requested. Cross border traffic continues to be much depressed compared to pre-pandemic times. Traffic numbers for June 2022 compared to June 2019 for all Ontario crossings is down almost 40%. For Niagara crossings it is worse; down more than 46%. (See attached). This is actually slightly worse than in May when it was down less than 46%. The mandatory use of the ArriveCan app is the major contributing factor to this decline to the detriment of all border crossings’ toll revenue, the tourism industry and border dependent businesses. The government repeatedly states that ArriveCan makes travelling “easier and more efficient”. At the land border the data suggests otherwise. For the July 1-4 long weekend the average processing time per vehicle at the Peace Bridge was 1 minute 47 seconds and border wait times to enter Canada were almost two hours. (see attached). Pre-pandemic processing time was less than a minute. The government says that 94.1 % of land border crossers used ArriveCan and that ArriveCan dramatically reduces CBSA processing time. So why is processing time almost double what it was pre-pandemic? Page 956 of 1156 3 It is disingenuous for the government to say that “it’s use is extremely high” when cross border traffic is almost 50% lower than pre-pandemic levels due to ArriveCan itself causing border avoidance. It becomes a self- fulfilling prophecy when Minister Mendicino says ArriveCan will reduce border delays. But it will not be due to technology, it will be due to reduced volume. Take 50% of the traffic off the QEW driving into Toronto and you won’t have any delays there either. As you know, we had predicted back in April that: “At some point the CBSA/Government of Canada will declare success and say that a high percentage of travelers are using ArriveCan. That will not account for the half of the population that has decided it is no longer worth the inconvenience and delays to cross the border.” ArriveCan will never work as intended at the land border. In the air, rail and marine (cruise) modes, travelers entering Canada are all required to buy a ticket meaning there is a transaction wherein the purchaser can be informed and even compelled to file with ArriveCan before getting on a plane, train or ship. The land border does not work that way as there is no commercial transaction prior to arriving at the border. Further, in those other travel modes, people are pedestrians as they approach CBSA inspection booths/kiosks and are much easier to direct and move than cars lined up in an inspection lane. The government insistence on mandatory ArriveCan at the land border demonstrates a lack of understanding of how the land border functions compared to the other travel modes. Air, rail and marine modes result in stays in Canada that are on average much longer than land crossings. The requirement to use the app for every border crossing is a disincentive to same-day discretionary travel. Unlike those other modes, the nature of this bi-national community is being able to cross frequently to visit friends or family, for dinner, a show, a winery tour, a baseball game, shopping, beach, etc without going through the process and inconvenience of having to file with ArriveCan each and every time. People just won’t bother to cross the border for discretionary travel as they have enjoyed for decades. It is obvious that ArriveCan was never designed for land border same-day travel. The app required travelers to include a Canadian address which is obviously not applicable for same day travel. While that requirement has since been removed, there are ongoing serious issues that confirm the app does not accommodate same-day travel leading to frustration and border avoidance. For example, we have had multiple instances of our Peace Bridge U.S. Board members and staff receiving quarantine notices even though they reside in the U.S. Attached is quarantine notice received last week by a U.S. employee who works in Canada but returns to the U.S. every day. This is just the Peace Bridge; I can only imagine how many others have received similar notices and how many other people they tell about their negative experience entering Canada. I am sure this is not how the government wants to welcome visitors to Canada. Similarly, the government differentiates between essential and discretionary travel even though both are required to be vaccinated. This requires individuals to cancel their “essential” ArriveCan filing and refile as “discretionary” each and every time they cross for non-essential purposes even though their vaccination status is exactly the same. Even Peace Bridge board members have been frustrated by experiencing hostile questioning at the border for not having cancelled and refiled and then having difficulty refiling . The aggravation and inconvenience simply means travelers choose to avoid using the app and no longer cross the border. Many question what the point is in filing ArriveCan within 72 hours of arriving at the border each time when their vaccination status is the same as it was a week ago, a month ago, a year ago, etc. Ironically, while the government states that ArriveCan is necessary to insure that only fully vaccinated travelers enter Canada, Health Minister Duclos has said “the previous definitions of “fully vaccinated” makes no sense, explaining that it’s more important that shots are “up to date” and whether or not a person has “received a vaccination in the last nine months.” If it make no sense, why does the government still require Page 957 of 1156 4 cross border travelers to be “fully vaccinated” as per the current definition? Until a new definition is put in place border travelers should be included with the dropped vaccine mandate for domestic air and rail travel particularly since New York State has a vaccination rate almost equal to Ontario’s. Less technically savvy seniors are choosing to no longer cross the border. My parents-in-law are a perfect example. Their daughter and family live in North Carolina and they will not go to the U.S. to visit them due to the requirements of ArriveCan and their fear of being fined or quarantined for failing to file ArriveCan properly upon their return to Canada. Many seniors do not have a smart phone. A January 2022 PEW Research survey found “that 96% of those ages 18 to 29 own a smartphone compared with 61% of those 65 and older, a 35 percentage point difference.” Only having to file once would dramatically assist as seniors could file before leaving Canada and not worry about the 72 hour rule upon returning, a time frame within which they may not have assistance. Even travelers arriving at the border with smart phones and trying to file have difficulties due to poor wi-fi connectivity, competing U.S. and Canadian cell towers, roaming, not having data plans etc. I have seen travelers holding their phone out the window waving them around trying to get a signal. ArriveCan is not known in the U.S. but many Canadians are also not familiar with it, in part because there is no similar U.S. requirement to enter the U.S. In the past the Canadian and U.S. governments worked together to harmonize border requirements, making it easy for travelers to understand border crossing requirements. The results of such collaboration were the NEXUS and FAST programs, bi-national programs that did much to facilitate border travel while also enhancing security. Unfortunately, the failure to reopen NEXUS/FAST enrollment centers in Canada has resulted in a 400,000 person application backlog exacerbating delays and frustration at the border as more people are forced to use regular lanes as opposed to the much quicker NEXUS lanes. Here are my suggestions:  ArriveCan should be voluntary. If the facilitation benefits (reduced processing time, less border delay) are as the government states, then travelers will use the app. If not, they won’t.  You should only have to file with ArriveCan once. The essential and discretionary classes should be collapsed into one as both require a traveler to be vaccinated and the vaccine status does not change. Assists seniors.  Border crossers should be treated similarly to domestic air and rail travelers  CBSA improve wi-fi at the border  Add vaccination status to the data on a NEXUS card  Reopen NEXUS enrollment centres  Re-engage with the U.S. to collaboratively manage the border. I would be prepared to discuss further with you at your convenience. Ron Rienas General Manager Buffalo & Fort Erie Public Bridge Authority 100 Queen Street, Fort Erie, ON L2A 3S6 | 1 Peace Bridge Plaza, Buffalo, NY 14213 Page 958 of 1156 5 rr@peacebridge.com T 905-994-3676| T 716-884-8636| F 905-871-9940 | F 716-884-2089 | C 905-651-2206 ArriveCAN app concerns a ‘little bit overblown,’ Bittle says Niagara’s Liberal MPs say they are working with government to find solutions By Allan BennerStandard Reporter Tue., July 12, 2022 timer2 min. read While working with the federal government to resolve concerns about COVID-19 requirements at border crossings, St. Catharines MP Chris Bittle said says the cost of gasoline and inflation are likely having a bigger impact on the flow of visitors into Canada. Bittle said there are “genuine concerns” about the impact the ArriveCAN app is having on Niagara’s tourism industry, adding “it does lead to problems, because when people show up at the border without the app, it leads to longer backlogs.” He said use of the app at border crossings — it was recently extended to Sept. 30 — “needs changes to ensure that we’re efficiently managing the border in terms of all aspects, not just public health, but also public safety.” However, Bittle said concerns being expressed about the app are “a little bit overblown,” such as that of Niagara Falls Mayor Jim Diodati who has called it “a man-made disaster.” “I’m not trying to say the ArriveCAN app doesn’t lead to challenges, but we’re dealing with extremely high gas prices, inflation and higher prices all around,” Bittle said. “I imagine higher gas prices are having a much bigger impact on the tourist industry than the ArriveCAN app. Tourists aren’t idiots coming in. They can manage it.” Niagara Centre MP Vance Badawey said he has been in regular contact with Diodati as well as local tourism and hospitality business representatives, and “I am fully aware of what their concerns are.” Badawey said he spoke to Public Safety Minister Marco Mendicino about those concerns Tuesday. He said he “assured me we are working on solutions, and we are prepared to work together to find those solutions.” Page 959 of 1156 6 While those solutions “will ensure that crossing the border becomes more seamless,” Badawey said that needs to balanced with ongoing efforts to protect people from COVID-19. “That is still our No. 1 concern,” Badawey said. “We all have to understand that’s the priority. The emphasis. COVID is still with us and with that we have to be very cautious as we reopen our country so we can as much as possible avoid another shutdown of our economy.” Niagara acting medical officer of health Dr. Mustafa Hirji said the ArriveCAN app maybe among the last lines of defence at border crossings, with little else left in place to prevent spread of infection. “I really want to understand better what they see as the challenges at the border, because the borders are open now. You can travel across the border,” Hirji said. “Yes, there is checking some requirements for vaccination, but even many of those have been relaxed. There’s no more requirement to wear a mask, so from my perspective there’s not really much left in terms of border controls and I don’t think the border controls are having a major impact on the economy. “I’d be very happy to hear from others who are experiencing any challenges, what those are.” Page 960 of 1156 Office of the Mayor WAYNE H. REDEKOP July 15,2022 File #120203 Sent via email: minister.mah@ontario.ca The Honourable Steve Clark Minister of MunicipalAffairs and Housing College Park 17th Floorr,777 Bay St, Toronto, ON M7A 2J3 Honourable and Dear Sir: Re: Ontario Building Code to Provide Municipalities with Greater Flexibility Please be advised the Municipal Council of the Town of Fort Erie at its meeting of June 27 , 2022 passed the following resolution: That: Council requests the Province of Ontario to amend the Ontario Building Code to provide municipalities with greater flexibility in controlling orderly and timely construction of new and renovated buildings of all types. Recent incidents regarding construction pursuant to the issuance of building permits have arisen that have caused disruption in neighbourhoods due to prolonged periods of varying levels of activity or no activity. lnconvenience to residents as a result of construction of new or renovated buildings is to be expected. However, construction that takes years to complete is not acceptable. The resolution passed by the Council of the Town of Fort Erie seeks amendment to the legislation to: 1) Require builders to make continuous meaningful progress on any construction for which a building permit is required, including renovation of an existing building; 2) Permit revocation of the building permit if specified phases of construction (framing, enclosure, exterior finish, etc) are not completed within defined time frames from issuance of the building permit without a legitimate reason for the delay; ...t2 Mailing Address: The Corporation of the Town of Fort Erie 1 Municipal Centre Drive, Fort Erie ON L2A 2So Office Hours 8:30 a.m. to 4:30 p.m. Phone: (905) 871-1600 FAX: (905) 871-4022 Web-site: www.forterie.ca Page 961 of 1156 The Honourable Steve Clark Page two 3) Limit the validity of a building permit for residential purposes to 2 years for single fami! dwellings and buildings with fewer than 4 units. The vast majority of builders and contractors are responsible and diligent. However, the very few who drag out construction projects create unnecessary consternation in communities already experiencing significant development. Any measures that assist municipalities to better manage construction is welcome. By copy of this letter, we are providing a copy to the Association of Municipalities of Ontario for support. Thank you for taking time to review this important correspondence that will benefit all municipalities. Yours very truly, WHR:dlk c.c.A. Herlovitch, Director, Planning & Development K. Gennings, Chief Building Official Local Area Municipalities Niagara Region Association of Municipalities of Ontario AMO@amo.on.ca: M r e H. Red Page 962 of 1156 CITY CLERK’S OFFICE City Hall, 58 Dalhousie Street, Brantford, ON N3T 2J2 P.O Box 818, Brantford, ON N3T 5R7 Phone: (519) 759-4150 Fax: (519) 759-7840 www.brantford.ca July 29, 2022 Association of Municipalities of Ontario (AMO) Sent via email: policy@amo.on.ca To whom it may concern: Please be advised that Brantford City Council at its meeting held July 26, 2022 adopted the following: 12.4.9 Potential threat to residential home ownership WHEREAS concerns from Brantford homeowners have been voiced regarding single family homes being purchased for purposes other than family residency, which practice is a factor in driving up the price of home values making home ownership out of reach for first time home buyers; and WHEREAS an article in the Toronto Star, Sunday edition reports a case where a foreign national is being investigated for money laundering by “investing” in houses and housing developments in Vancouver. Financial and law enforcement experts say this problem extends to other Canadian cities, most notably in the GTA; and WHEREAS the Province of British Columbia created an Expert Committee to investigate money laundering in residential real estate, which made several recommendations to the Provincial government to change the Provincial laws and for the Province to make changes to Federal laws to prevent this type of money laundering from occurring; and WHEREAS the Council of The Corporation of the City of Brantford is very concerned with the rising cost of housing caused by money laundering through the purchase of residential real estate; THEREFORE BE IT RESOLVED: A. THAT the Council of The Corporation of the City of Brantford respectfully CALLS UPON the Province of Ontario to create a similar Expert Committee as was done in British Columbia, to investigate what regulatory action can be taken to better combat money laundering in the Ontario real estate market; and B. THAT the Council of The Corporation of the City of Brantford respectfully CALLS UPON the Province of Ontario to implement whatever legislative changes may be necessary to combat money laundering in the Ontario real estate market; and Page 963 of 1156 2 CITY CLERK’S OFFICE City Hall, 58 Dalhousie Street, Brantford, ON N3T 2J2 P.O Box 818, Brantford, ON N3T 5R7 Phone: (519) 759-4150 Fax: (519) 759-7840 www.brantford.ca C. THAT the Brantford Police Service BE REQUESTED to establish a tip hotline for suspected money laundering; and D. THAT the City Clerk BE DIRECTED to forward a copy of this resolution to the Association of Municipalities of Ontario (AMO), Ontario Big City Mayors (OBCM) and the list of other Ontario Municipalities with a request that those municipalities pass similar resolutions, and E. THAT the Clerk BE DIRECTED to forward a copy of this resolution to The Honourable Doug Ford, Premier of the Province of Ontario; the Minister of Municipal Affairs and Housing; MP Larry Brock and MPP Willem Bouma. I trust this information is of assistance. Yours truly, Tanya Daniels City Clerk, tdaniels@brantford.ca cc Ontario Big City Mayors All Ontario Municipalities Page 964 of 1156 Office of the Clerk Holly Willford hwillford@pelham.ca 905-892-2607 x 315 20 Pelham Town Square | PO Box 400 |Fonthill, ON | L0S 1E0| www.pelham.ca July 28, 2022 Carol Schofield, Dipl.M.A. Town of Fort Erie Manager, Legislative Services/Clerk 1 Municipal Centre Dr. Fort Erie, ON L2A 2S6 cschofield@forterie.ca Dear Ms. Schofield: Cross Border Travel and ArriveCAN At their regular meeting of July 25, 2022 Council of the Town of Pelham received your correspondence, and endorsed the following: BE IT RESOLVED THAT Council receive correspondence dated May 31, 2022 from the Town of Fort Erie regarding Cross Border Travel and ArriveCAN, for information; AND THAT the Council for the Corporation of the Town of Pelham endorse and support the resolution from the Town of Fort Erie regarding Cross Border Travel and ArriveCAN; AND THAT the Town Clerk is hereby directed to circulate a copy of this resolution to Prime Minister Justin Trudeau, local MPs and MPPs and Local Area Clerks. On behalf of Council, thank you for your correspondence. Yours very truly, Holly Willford, BA Town Clerk HW/jm /attach: Town of Fort Erie May 31, 2022 correspondence cc: The Right Honourable Justin Trudeau, P.C., M.P., Prime Minister of Canada (Justin.trudeau@parl.gc.ca) The Honourable Doug Ford, Premier of Ontario (doug.fordco@pc.ola.org) MP Dean Allison (dean.allison@parl.gc.ca) MPP Sam Oosterhoff (sam.oosterhoffco@pc.ola.org) Area Clerks (via email) Page 965 of 1156 Page 966 of 1156 1 Heather Ruzylo Subject:An email from the Premier of Ontario Begin forwarded message: From: Doug Ford <Premier.Correspondence@ontario.ca> Date: July 18, 2022 at 2:39:25 PM EDT To: Jim Diodati <jdiodati@niagarafalls.ca> Subject: [EXTERNAL]-An email from the Premier of Ontario Thanks very much for your email and kind sentiments about the new South Niagara Hospital. I appreciate hearing your views and concerns. Our government is not turning a blind eye to improving the delivery of health care in our province. We are ensuring that you have more hospital beds in place to properly serve the people who depend on them. It is my expectation that this new build will transform the future of health care in the Niagara region. The addition of 150 more hospital beds will lead to reduced wait times and increase the capacity of emergency services. Elsewhere in our great province, among our many investments in health care are brand new hospitals in Windsor, Brampton and Quinte. These will be state-of-the-art facilities that will suit the needs of our rapidly growing populations in the decades to come. From our older citizens to our youngest, we are focused on the health and well-being of all Ontarians. I have shared your letter with the Honourable Sylvia Jones, Minister of Health and the Honourable Steve Clark, Minister of Municipal Affairs and Housing, for their information. Thanks again for contacting me. Doug Ford Premier of Ontario c: The Honourable Sylvia Jones The Honourable Steve Clark Page 967 of 1156 2 This email account is not monitored. Please do not reply directly to this email. For further inquiries, please direct your online message through the Premier's contact form. This email contains information intended only for the use of the individual named above. If you have received this email in error, we would appreciate it if you could advise us through the Premier's contact form. 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. 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 968 of 1156 C ITY OF NIAGAR A FALL S 201 9-202 2 Strategic Priorities U P D A TE | AUG U S T 2 02 2 Page 969 of 1156 N i a g a r a F a l l s ... A G r e a t C i t y , F o r G e n e r a t i o n s T o C o m e ! T he City of Niagara Fa lls is committed to b eing accou n ta b le fo r the provision of high quali ty municipal se rvi ces, and enha n c ing quali ty o f life in our com muni ty through servi c e e xc elle nce, teamwork, and d ynamic lea de rshi p . V I S I O N P A G E 1 Page 970 of 1156 2 0 1 9 -2 0 2 2 S t r a t e g i c P r i o r i t i e s C O V I D -19 R e sp o n s e I n t e l l ig en t & Inn o v a t i v e C i t y D i v e r s e & A f f ord a b l e H o u s ing C o n v e n i e n t & A c ce s s i b l e T r a n s p ort ati o n R e sp o n s ib l e & T r a n sp a r e nt F in a nc ia l M a n a ge m e n t St r o n g & R e si l i e n t I n f r a s t r u c t u r e E n g a g i n g & A c c o u n t a b le G o v e r n me n t H e a lt h y , Sa f e & L i v a b l e C o m m u n it y Vi b r a n t & D i v e r s e Ec o no my P A G E 2 Page 971 of 1156 C o v i d -1 9 R e s p o n s e A h i g h -l e v e l s u m m a r y o f t h e a p p r o a c h t h e C i t y o f N i a g a r a F a l l s t o o k t o a d d r e s s t h e i m p l i c a t i o n s o f C O V I D -1 9 a t t h e m u n i c i p a l l e v e l . P A G E 3 Page 972 of 1156 Activated EOC on March 13, 2020 (deactivated on May 26/22) State of Emergency was in place beginning April 3/20 (ended on March 15/22) City of Niagara Falls implemented virtual meetings, beginning with EOC City staff opened MacBain Community Centre as a safe mass vaccination site for Niagara Region Public Health City staff worked the majority of vaccination clinics at MacBain to lend support as needed Fire adjusted responses to care facilities as PPE was offered to EMS due to protective equipment shortages Adjusted Service Levels in Response to Provincial Directives Signage and Protective Barriers/equipment at all City facilities, Transit Buses, and amenities Appropriate PPE provided to front line staff and 1st responders Vaccination Policy created and implemented Working from Home Policy created and implemented Mandatory Covid-19 training for unvaccinated with associated testing Mandatory Covid-19 Training for all new hires during onboarding Creation of Mandatory Covid-19 Screening Mobile App for Staff and Visitors Updates and Revisions made to Working Remotely from Home Policy Website and Social messaging communicated Electronic Participation at Council meetings Virtual Recruiting and Interviewing of job candidates Coordination of community donations including grocery giveaways and long-term care worker appreciation through McCall MacBain Foundation Mayor’s Back to Business Recovery Team Organizational Response to COVID Report Recovery Plan for City Services and Facilities Report Summer of the Patio temporary sidewalk patios and cafes Exemptions to allow patio extensions for business continuity Supported Safe to Play tourism initiative Financial measures Waiver of municipal business licences Waiver of penalty charges for water bills, taxes and accounts receivable No disconnections of municipal water service C o v i d -1 9 R e s p o n s e City of Niagara Falls Municipal Response to COVID-19 included: P A G E 4 Page 973 of 1156 W e a r e c o m m i t t e d t o b e i n g a c i t y t h a t c r e a t e s a d i v e r s e e c o n o m y , a n d a v i b r a n t , w e l c o m i n g e n v i r o n m e n t t h a t a t t r a c t s f a m i l i e s , h i g h q u a l i t y j o b s , i n v e s t m e n t a n d e n t r e p r e n e u r s h i p . V i b r a n t & D i v e r s e E c o n o m y P A G E 5 Page 974 of 1156 V i b r a n t & D i v e r s e E c o n o m y Position the City as a preferred location for investment and global opportunities. P R I O R I T Y U P D A T E S T A T U S Capitalize on Niagara’s global brand recognition Strategic Partnerships – Built relationships and partnerships in 2018/19 with Federal Trade Commissioner Offices in 22 States in the United States, and five Embassy’s in Western Europe to build import and export relationships with Niagara based companies as well as promote Niagara Falls as a strategic location for foreign direct investment. ACCOMPLISHED Use the Foreign Trade Zone Designation to act as catalyst for continued cross border business opportunities As part of the Department’s business retention and attraction activities, the Foreign Trade Zone has been a good opportunity to provide a value-added service for both new and existing businesses. Create a strategy to develop a smart medical business park adjacent to new hospital to attract global talent and technologies. An Employment Land Strategy was completed in 2021 outlining the long-term needs for additional employment related lands. A business park around the new hospital was highlighted as a long- term goal with lands in the Grassy Brook Area to satisfy shorter-term needs. The Grassy Brook Area is currently undergoing a secondary plan as a first step towards developing those lands. IN PROGRESS Continue to enhance Niagara Falls' position as Ontario’s Premier Resort Gaming & Tourism Destination. Work with the new casino operators and tourism stakeholders to make further investments to increase the workforce, drive more and longer visitation, and enhance destination profile. COVID-19 delayed this process as Department pivoted to assisting Industry to deal with COVID19 and secure funding to survive the pandemic. Leverage the new theatre to drive new tourism infrastructure and amenities Niagara Falls Entertainment Theatre opening delayed until October 2022. IN PROGRESS Work with stakeholders to establish a traffic & pedestrian management plan in the tourist core to mitigate traffic congestion on event nights Event management plan was created in consultation with Industry stakeholders. Plan is continually reviewed to enhance protocols. P R I O R I T Y U P D A T E S T A T U S ACCOMPLISHED IN PROGRESS IN PROGRESS P A G E 6 Page 975 of 1156 V i b r a n t & D i v e r s e E c o n o m y Promote and support job creation through a dynamic, innovative and diverse local economy. Prepare an Economic Diversification Strategy that identifies new sector opportunities to build upon the City’s successful tourism industry, and guide the future of Niagara Falls’ economy An Economic Diversification Strategy was completed with recommendations to grow, enhance and diversify the economy. This Strategy has guided the activities of the Department over the past 3 years and a full Economic Development Strategy will be completed by 2023 to continue to stay aligned with the local, regional, provincial, and federal business priorities. ACCOMPLISHED Use Economic Gateway and Municipal Employment Gateway Incentives to attract businesses to locate and expand in Niagara Falls The City has raised the awareness and incentivized new and local businesses in Niagara Falls through the MEIP and Gateway CIP Program. This programming is one of the most robust in the Province of Ontario. ACCOMPLISHED Leverage and enhance land uses resulting from improved transportation connectivity around GO Train Downtown GO Secondary Plan was prepared along with Multimodel Transit Plan in anticipation of GO Train Station development. IN PROGRESS P R I O R I T Y U P D A T E S T A T U S Support economic growth and development through streamlined business practices to meet both local and city wide priorities P R I O R I T Y U P D A T E S T A T U S Use a Customer Relationship Management program to track business trends and expedite responses to businesses challenges Continuing with the Company Visitation Program and data input to reveal trends, opportunities, and challenges to respond to the business community. IN PROGRESS Streamline development services for expedited permits to enhance the private sector business investment experience Working with Building Department and Fire Department to expedite Building permits. Created Development Review teams to expedite process. IN PROGRESS Implement technology to create operational efficiencies, and accessible data that are customer and community centric Currently working to implement modern government practices with the use of electronic forms, online payments and more access to information. IN PROGRESS P A G E 7 Page 976 of 1156 Ensure an adequate supply of accessible industrial and employment lands P R I O R I T Y U P D A T E S T A T U S Create an Industrial Land Strategy to plan for future employment land needs The City undertook and completed an Employment Land Strategy to plan for and secure employment land needs to 2051. Purchase and service industrial land proactively to support local and international investment and create jobs The City’s Employment Land Strategy recommended the Grassy Brook Area for our new Business Park. A secondary plan has been initiated and a Land Acquisition Strategy is being put together to secure those lands in future years. IN PROGRESS Complete development of the Montrose Business Park All major infrastructure and development work in the Montrose Business Park completed. The land within the Park are currently sold- out with businesses developing those lands. V i b r a n t & D i v e r s e E c o n o m y ACCOMPLISHED ACCOMPLISHED Promote vibrant downtown cores by encouraging partnerships, and providing development incentives, that help to create a range of unique, exciting destinations and activities P R I O R I T Y U P D A T E S T A T U S Implement Downtown CIP Strategy and GO Train Secondary Plan to generate private investment and redevelopment opportunities Downtown Secondary Plan has been completed. Official Plan and Zoning By-Law being updated. Sharing information and opportunities with development community. Create an innovation district strategy with incentives for small business and entrepreneurship directly in downtown Citywide incentives created in conjunction with Downtown CIP. Use the new Culture Hub and Market development as a catalyst for Main & Ferry revitalization opportunities Culture Hub to be completed in early 2023. Working with businesses to promote Culture Hub and to serve as catalyst for new investment. IN PROGRESS ACCOMPLISHED ACCOMPLISHED P A G E 8 Page 977 of 1156 V i b r a n t & D i v e r s e E c o n o m y Use transportation to assist in the movement of people for employment, and global investment P R I O R I T Y U P D A T E S T A T U S Support and promote full day year round hourly GO Train service for transportation connectivity COVID-19 has delayed full-time GO Train Service. Weekend Go Train Service has resumed. Continue to speak to Metrolinx and Provincial governments to move forward with year-round GO Train Service. IN PROGRESS Advocate for high-speed rail from Toronto-New York COVID19 suspended discussion. Exploring the potential for high speed rail system. IN PROGRESS Promote and leverage the Niagara District Airport Airport Board has undertaken an RFP to secure new operator to leverage and to get the most economic benefit for the Region. IN PROGRESS Create opportunities to attract and retain young families, youth and newcomers Create an Affordable Housing Strategy along with appropriate zoning and By-Law requirements to drive increased affordable residential development Council endorsed Niagara Falls Housing Strategy in March 2022. Staff are implementing the land use implications (i.e. promotion of housing mix) of the Housing Strategy through OPA 149. IN PROGRESS Promote and enhance career opportunities to attract young wealth creators and highly skilled professionals Small Business Office continuing to hold programs for younger demographic to encourage entrepreneurship. NFRIH attracting startups and support small business operators. Develop Niagara Falls-Ryerson Innovation Hub as catalyst for youth retention, diversification and redevelopment investment opportunities The NFRIH program has strengthened innovation in Niagara Falls with the experiential entrepreneurship program. 60 new startups have been supported and an additional 200 SME’s have participated in webinars and programs connected to business and educational progress. P R I O R I T Y U P D A T E S T A T U S Support development of the Cultural Hub to leverage local cultural capital and enhance the creative capacity, cultural engagement and vibrancy of the area Continue to work with BIA in support of Culture Hub to enhance the district and attract new investment. IN PROGRESS IN PROGRESS IN PROGRESS P A G E 9 Page 978 of 1156 V i b r a n t & D i v e r s e E c o n o m y Review and update plans and policies to provide streamlined, contemporary directions for planning and development Update zoning to provide Single Room Occupancy (SRO) housing units SRO study and consultation ongoing, zoning changes to be brought forth to Council for consideration. Public consultation to continue. IN PROGRESS Refine Industrial zoning to reflect Provincial D-6 Guidelines and contemporary zoning standards Permitted uses being analyzed for D-6 industry type. Zoning changes to be commenced. IN PROGRESS Initiate employment zoning for Niagara South Hospital area Grand Niagara Secondary Plan in force and establishes policies for employment areas associated with the Hospital. Zoning implementing policies to be conducted. IN PROGRESS Streamline site planning processes for small business, commercial and industrial zones A review of the site plan process is underway.IN PROGRESS P R I O R I T Y U P D A T E S T A T U S Continue refinements to Official Plan for growth Official Plan update, to address growth requirements to commence late this year.IN PROGRESS Use education, technology and entrepreneurship to leverage community assets and drive job creation Continue to utilize Niagara Falls Ryerson Innovation Hub as a catalyst for entrepreneurial excellence in Niagara Falls to drive start-ups Launching the Hub has promoted a digital technology cluster to help diversify the local economy. The Hub has connected with national and International markets working with Start Canada and Gen Global Solutions. Fostered startup innovation in Health Services, AI, EdTech, Augmented and Virtual Reality. IN PROGRESS Create partnerships with local educational institutions to enhance programming and expand education to downtown Niagara Falls through SPARK Partnerships with NHS, Niagara College School of Business, Grades 11 & 12 for experiential entrepreneurship programs, Brock University and Niagara College Campus accelerator programs for undergraduates. IN PROGRESS Create a pilot project from the Intelligent Community Plan. IT is currently working with Smart Cone on a Smart City Pilot program to reduce Greenhouse Gases. Additional ICP work can be done in coordination with IT and Business Development for future plans. Additional wayfinding technology could be located in the GO Train area to assist travelers looking for various districts within the City. IN PROGRESS P R I O R I T Y U P D A T E S T A T U S P A G E 1 0 Page 979 of 1156 W e a r e c o m m i t t e d t o e m b r a c i n g t e c h n o l o g y a n d i n n o v a t i o n t o m a k e m u n i c i p a l g o v e r n m e n t m o r e e f f e c t i v e a n d e f f i c i e n t , a n d t o i m p r o v e r e s i d e n t s ’ l i v e s t h r o u g h d i g i t a l e q u i t y . I n t e l l i g e n t & I n n o v a t i v e C i t y P A G E 1 1 Page 980 of 1156 I n t e l l i g e n t & I n n o v a t i v e C i t y Build a connected city that links all of its residents, stakeholders, investors, and partners to improve quality of life, support economic development efforts and improve service. Continue to support and build our broadband network through Niagara Regional Broadband Network (NRBN) to lay the foundation for local residents, governments, and organizations to come together, attract new businesses, and keep young people in the community Niagara Regional Broadband Network (NRBN) is currently working independently on their growth plans. The City is using NRBN in as many locations as possible for our connectivity needs. NRBN has started to bring high speed fibre optic connectivity to in-need residential areas in Niagara Region. IN PROGRESS P R I O R I T Y U P D A T E S T A T U S Grow existing business and attract new investment through new and emerging technologies. Incubate and accelerate technological innovation through the Niagara Falls Ryerson Innovation Hub and SPARK Innovative Educational Centre with a commitment to retaining, attracting, and supporting creative startups and entrepreneurial talent from across Ontario, Canada, and the world When new innovative project ideas are brought forward, Business Development will reach out to their contacts and inquire if they have an opportunity to collaborate. Staff are exploring implementation of a 'Smart City zone' where we would allow startup and small companies to test their equipment in a real-world installation. P R I O R I T Y U P D A T E S T A T U S IN PROGRESS Utilize technology and innovation to improve the quality of life for Niagara Falls residents Improve digital equity to ensure all residents and neighborhoods have the information technology capacity needed for civic and cultural participation, employment, lifelong learning, and access to essential services Continue to extend WiFi service to City facilities and community parks In partnership with the NRBN, Wi-Fi has been rolled out to all City-wide parks and pools. This Wi-Fi is provided by NRBN. The City continues to supply guest and corporate Wi-Fi to all staffed City facilities using our wireless network. ACCOMPLISHED Provide customer-centric public services that leverage digital infrastructure to enhance the experience, and give residents and businesses better access to information More online payment options are being added. Most recently, Marriage Ceremonies and Licenses, Tax Certificates and Accounts Receivable items. Future improvements could allow for self-serve Cemetery sales, online appointment scheduling (currently testing with Election workers), integrated electronic document signatures and payments related to those. A Customer Service project has been initiated that will allow for residents and businesses to contact the city and use self-serve options. The KPI's can also be checked to ensure staff are meeting the metrics that have been established. IN PROGRESS P R I O R I T Y U P D A T E S T A T U S ...CONTINUED ON NEXT PAGE P A G E 1 2 Page 981 of 1156 I n t e l l i g e n t & I n n o v a t i v e C i t y Utilize technology and innovation to improve the quality of life for Niagara Falls residents ACCOMPLISHED Provide convenient access to municipal information and analytics tools to residents, businesses, and visitors to the city Enhance MyCity Dashboard with more modules Continual development with our MyCity Dashboard has allowed for property tax, water billing, Municipal Accommodation Tax and Tax Certificate integrations. Building Permit integrations have been completed and are awaiting testing. Additionally, many areas have also allowed for online payments to make it easier for residents and businesses to pay for their services without costing the City. IN PROGRESS P R I O R I T Y U P D A T E S T A T U S Facilitate open government by using technology that will make the city more transparent and inclusive to encourage the participation and involvement of all stakeholders Let’s Talk Niagara Falls Electronic bidding The open data portal will be moved to new technology that will facilitate the ability to both post and download more varied data formats. The software application is nearly fully WCAG 2.1 AA compliant. IN PROGRESS Expand Municipal Open Data initiatives and make more municipal data open to all residents and businesses, in accordance with the Municipal Freedom of Information and Protection of Privacy Act Engage technology partners to leverage data insights in order to develop new programs and tools benefiting the community Looking to develop “open by default” This will require additional departments within the City to also take part in the initiative. IN PROGRESS Identify opportunities for municipal technological advancement to enable data driven decision making Collaborate with NRBN to enhance our technology choices Find innovative technological solutions to municipal challenges through the Niagara Falls Ryerson Innovation Hub Participate in pilot/proof of concept opportunities The City is currently undergoing a Smart City pilot program with a company called SmartCone. This project is meant to reduce greenhouse gases, increase the safety of cyclists, and encourage alternative methods of transportation. IN PROGRESS Explore and implement Smart City solutions to enable City services and Internet of Things (IoT), for example, traffic signal coordination, leak detection and road weather sensors Part of the Smart Cone pilot project will have a parking / transportation branch that will be able to monitor pedestrian and traffic flows. Weather and road weather sensors are also being installed in key areas (Fallsview, Clifton Hill, Bender Hill) to monitor winter conditions and overall air quality. IN PROGRESS ...CONTINUED P A G E 1 3 Page 982 of 1156 W e a r e c o m m i t t e d t o a d d r e s s i n g t h e n e e d f o r q u a l i t y a n d a f f o r d a b l e h o u s i n g a s a n e c e s s a r y c o m p o n e n t o f a c i t y i n w h i c h p e o p l e w a n t t o l i v e a n d i n v e s t . D i v e r s e & A f f o r d a b l e H o u s i n g P A G E 1 4 Page 983 of 1156 D i v e r s e & A f f o r d a b l e H o u s i n g Promote a strong and diverse housing market that includes affordable and accessible housing choices for all residents Prepare a comprehensive housing strategy that will establish an integrated and strategic approach to enhance Niagara Falls’ capacity to address housing mix and availability across the continuum to meet housing needs Council endorsed the Niagara Falls Housing Strategy in March 2022. Staff are implementing the land use implications (i.e. promotion of housing mix) of the Housing Strategy through OPA 149. IN PROGRESS PARTIALLY COMPLETE Finalize or establish appropriate policies, regulations and licensing for the following: Vacation rental units and Bed and Breakfasts Single room occupancy units in existing motels and hotels Licensing By-law to permit rental of 3 bedrooms in a house as Bed & Breakfast Zoning and Licensing regulations for vacation rental units and bed and breakfasts are now in force Review of single room occupancy is underway. P R I O R I T Y U P D A T E S T A T U S Promote secondary dwelling units in homes Niagara Falls Housing Strategy promotes secondary dwellings as a key tool to providing affordable housing. OPA 149 aligns the City’s Official Plan policies on secondary dwellings with new requirements of the Planning Act. IN PROGRESS Work with private sector, senior government, school boards and non-profits to facilitate the delivery of new affordable housing units on both City-owned and third party land Niagara Falls Housing Strategy promotes collaboration to assist in the delivery of new affordable housing. OPA 149 promotes government and private sector collaboration in affordable housing delivery in Official Plan policy. IN PROGRESS Use infill opportunities for multi-family development to diversify housing composition and affordability in existing neighbourhoods Niagara Falls Housing Strategy and OPA 149 both promote a broader mix of housing in order to provide more housing choice for residents. IN PROGRESS Design complete neighbourhoods by meeting the needs of people of all ages, incomes and abilities, allowing for aging in place and accessibility to amenities, facilities and services This is achieved in part through ongoing development of secondary plans. IN PROGRESS P A G E 1 5 Page 984 of 1156 D i v e r s e & A f f o r d a b l e H o u s i n g Work with the Niagara Region to reduce homelessness Advocate at the Regional and Provincial level for individuals and families experiencing homelessness, or at risk of homelessness, to achieve housing stability Working with the Region, a pilot project has been developed at our former Seniors Centre (Coronation Centre) facilitating a new approach to address homelessness. (MANY ASPECTS COMPLETED BUT THE FILE CONTINUES TO BE IN PROGRESS) Work with Niagara Region Public Health and community agencies who assist and provide individuals with health support services (ie mental illness and addictions) Partnered with the Region to fund Outreach work in Niagara Falls. A bi-monthly call enables coordination amongst Groups from the Region, City and Community. P R I O R I T Y U P D A T E S T A T U S Leverage and improve collaboration with other agencies to address homelessness, and poverty issues through support of initiatives like cold weather emergency shelter Continue to collaborate with Niagara Region in the implementation of their Housing & Homelessness Action Plan The Housing Bylaw is complete and awaiting public input. The Park Street project for affordable housing is to be sent out for Request For Proposals in fall of 2022. The Victoria Street Bridge housing project is to be completed in 2022. The Buchanan Avenue project is complete. IN PROGRESS ACCOMPLISHED ACCOMPLISHED P A G E 1 6 Page 985 of 1156 W e a r e c o m m i t t e d t o a s a f e , a c c e s s i b l e , c o n v e n i e n t , i n t e g r a t e d a n d f i s c a l l y r e s p o n s i b l e t r a n s p o r t a t i o n n e t w o r k , a c c e s s i b l e t o l o c a l s a n d v i s i t o r s . C o n v e n i e n t & A c c e s s i b l eTransportation P A G E 1 7 Page 986 of 1156 Link Niagara Falls with the Greater Toronto Area (GTA) through regular GO train service P R I O R I T Y U P D A T E S T A T U S C o n v e n i e n t & A c c e s s i b l e T r a n s p o r t a t i o n Work to enhance the level of service, bringing full day year-round hourly GO Train Service to Niagara Falls on an expedited schedule Pandemic levels of service provided to Niagara through lockdowns etc. fluctuated and greatly reduced trips made to and from Niagara Falls. Currently there are two (2) trips on weekdays in am/pm and weekend limited service from Union Station to Niagara Falls. IN PROGRESS Implement the approved GO Station Secondary Plan design. This includes road, transit, public realm, and active transportation options for the Bridge St. / GO Station area as identified in the approved Niagara Falls Transit Station Secondary Plan Record of Site Condition has been filed for the former transit site. Parking lot designs and the pedestrian promenade are underway. Plans are being coordinated with the Regional upgrades to Bridge St. IN PROGRESS Work with the Region to plan and design the reconstruction of Bridge St. (Regional Road 43), which connects Victoria Avenue with the Thorold Stone Road extension, improving access to the GO train station The City has been coordinating active transportation and municipal infrastructure elements of the Regional EA that is presently underway. City sewer and watermains are in the process of being replaced within the Bridge Street / Victoria Avenue roundabout project. IN PROGRESS Rehabilitate Erie Avenue to provide an inviting connection to downtown Niagara Falls Preliminary designs including infrastructure, active transportation, and commercial market- zones have been developed as part of the Regional EA. IN PROGRESS Participate in regionalizing the Niagara District Airport to leverage capital investment opportunities P R I O R I T Y U P D A T E S T A T U S Continue to advocate for Regional responsibility for Niagara District Airport (NDA) Continuing efforts, involved the Region with recent Request For Proposal process.IN PROGRESS Work with the Region to secure federal approval to extend the runway at Niagara District Airport to accommodate larger planes, and regular air service Met directly with federal representatives and are developing the need case for expansion. IN PROGRESS Create a welcoming, multi-modal transit hub at the VIA rail station site for our residents and visitors Space planning for the The VIA Station and the hub designs for buses have been completed by staff with the Consultants. The station will be retrofitted and the lands adjacent expanded to provide hubs for WEGO, public and private bus carriers and to install an attractive landing place for visitors to Niagara Falls and for commuters to & from the GTHA. ACCOMPLISHED P A G E 1 8 Page 987 of 1156 C o n v e n i e n t & A c c e s s i b l e T r a n s p o r t a t i o n Connect municipalities region wide for work, education, and leisure opportunities P R I O R I T Y U P D A T E S T A T U S Work with the other municipalities to establish a new governance model for delivery of integrated transit in Niagara Region The Niagara Transit Commission was established by Regional bylaw on May 26, 2022.ACCOMPLISHED Value metrics and KPIs associated with improving aspects of access and opportunity were incorporated in the rationale to Council, through public outreach and to transit staff throughout the process of contemplating the new integrated transit service. ACCOMPLISHED Recognize and promote secondary benefits that come with a unified transit system; improved access to health care, improved access to job opportunities across municipalities, reduction in greenhouse gas emissions and reduction in congestion on major arteries The September 2021 expansion of our existing routes and realignments of evening service provide more transit to newer neighbourhoods and expand into areas capturing more ridership from the community. Peak service was reduced over the pandemic period but is slated to return September 2022. ACCOMPLISHED Ensure transit is safe, accessible, frequent, and affordable, with routes and schedules matched to the needs of users in Niagara Falls Work to transfer assets and to complete the transition period to NTC delivering service (January 1, 2023) is underway. Complete implementation of a consolidated inter-municipal transit system in partnership with the City of Niagara Falls, St. Catharines Transit Commission, the City of Welland, and the Region of Niagara that offers convenient and timely connections between municipalities IN PROGRESS The new NTC service has been incorporated into the VIA Station design for hub service. Local bussing and intermunicipal service have also been contemplated in the Construction RFP and design of a transit hub at the new South Niagara Hospital site. Connect inter-municipal transit with GO train service, and local hospitals IN PROGRESS P A G E 1 9 Page 988 of 1156 Improve local and visitor public transit through service enhancements P R I O R I T Y U P D A T E S T A T U S Complete recommended local transit service level enhancements and develop a Customer Service Hub at Dorchester/Morrison by 2022 Service enhancements outlined in Phase 1 of the Transit Master Plan – 5-Year Update 2020- 2024 were completed in September 2021. The new Morrison Street layby project Customer Service Hub were complete for 2022 and will transfer up to the NTC for use. C o n v e n i e n t & A c c e s s i b l e T r a n s p o r t a t i o n Undertake the WEGO Visitor Service Transportation Audit to review joint operations between the City and Niagara Parks WEGO Visitor Transportation Services – Operational Review approved by Council under Report TS 2021-03 dated March 2, 2021.ACCOMPLISHED WEGO Visitor Transportation Services - Extension Agreement entered into by Council to approve a 2 year extension to deliver service up to and including August 12, 2024. NTC to assume delivery of the service under an agreement with the City effective January 1, 2023. ACCOMPLISHED Update the Transit Service Plan to accommodate growth, and provide connectivity to the new hospital and the 5,000-seat event theatre on Stanley Avenue Transit Master Plan – 5-Year Update 2020- 2024 approved by Council under Report TS 2020-35 dated December 8, 2020. ACCOMPLISHED Review partnerships with NPC for the operation of the WEGO Visitor Transportation System Transit Services, in partnership with the Niagara Parks and OPG interests have undertaken and completed a Hydrogen Mobility Feasibility Plan for City and WEGO transit in Niagara Falls. This includes fleet contemplation to transfer over to hydrogen fuel cell propulsion systems. This study will transfer to NTC for their use and discussions in green planning for transit fleets in the future. Improve transportation systems, making them more efficient and greener, using evolving technologies IN PROGRESS ACCOMPLISHED Continue to protect the Grand Boulevard right of way P R I O R I T Y U P D A T E S T A T U S Develop a plan for the implementation of the pedestrian promenade (former CN Rail lands) Construction of the boulevard pathway was completed in 2021 and lighting in 2022. ACCOMPLISHED Ensure direct connectivity between the casinos, tourist areas, the downtown and the GO/VIA Rail Station Broader Tourist Connectivity Study is underway, with a focus on revisiting the original people mover alignment. IN PROGRESS P A G E 2 0 Page 989 of 1156 C o n v e n i e n t & A c c e s s i b l e T r a n s p o r t a t i o n Ensure traffic flow throughout the city is safe and optimal P R I O R I T Y U P D A T E S T A T U S Complete the Core Area Transportation Management Plan to leverage existing infrastructure, facilities and technologies to facilitate safe movement of traffic and pedestrians Study complete. Findings and recommendation will be utilized to support future Smart City Initiatives.ACCOMPLISHED Finalize a strategy to address rail crossings in urban Niagara Falls with potential alternatives to existing Canadian National Railway train operations in Niagara Falls Alternatives and feasibility study is complete. Discussions with railways is ongoing.IN PROGRESS Provide a convenient, cost effective and customer friendly parking system based on the user pay philosophy P R I O R I T Y U P D A T E S T A T U S Update the Parking Strategy to maximize space availability and revenue generation Staff have awarded this project and work is underway in developing the Strategic Parking Plan. Study completion is anticipated in early 2023. Provide innovative parking management solutions Staff have expanded the Pay-by-Phone (HONK) zones in the tourist area. New parking rates have been adopted to reflect area needs to increase customer usage. Review of enforcement equipment upgrades for more effective ticket issuance. IN PROGRESS IN PROGRESS Strive to make walking, cycling and alternate travel choices available and sustainable P R I O R I T Y U P D A T E S T A T U S Enhance the multi-modal transportation network within the community and encourage greater pedestrian and cyclist use as per the Transportation Master Plan Staff continue to enhance and expand the City’s active transportation network through retrofit applications and inclusion of pedestrian and cycling facilities in all new roadway designs. Continue to advance the City’s Active Transportation Plan Active Transportation facilities are comprehensively reviewed and considered in the planning of new facilities and in the reconstruction of existing roadways. Missing links are prioritized to ensure continuity of the City’s Active Transportation network. IN PROGRESS IN PROGRESS Coordinate a Complete Streets vision that includes on road and off-road bike lanes, sidewalks, multi-use paths and trails, and a public transit system that are well connected throughout the city Staff actively participated in the development of the Niagara Region’s Complete Streets Guidelines. When completed this document will form a consistent approach for all municipalities to utilized when designing new roadways/facilities. IN PROGRESS P A G E 2 1 Page 990 of 1156 W e a r e c o m m i t t e d t o b e i n g f i n a n c i a l l y r e s p o n s i b l e t o t h e r e s i d e n t s o f N i a g a r a F a l l s b y p r a c t i c i n g p r u d e n t f i s c a l m a n a g e m e n t o f e x i s t i n g r e s o u r c e s , a n d b y m a k i n g s o u n d l o n g -t e r m c h o i c e s t h a t a l l o w c o r e C i t y p r o g r a m s a n d s e r v i c e s t o b e s u s t a i n a b l e . R e s p o n s i b l e & T r a n s p a r e n tFinancial M a n a g e m e n t P A G E 2 2 Page 991 of 1156 Implement corporate-wide strategic asset management policies and plans that ensure sustainability of our assets and infrastructure P R I O R I T Y U P D A T E S T A T U S Prioritize asset and infrastructure investments through long range plans Completion of the Asset Management Plan for Core Assets in 2022 sets the stage for long-term service level decisions and future funding challenges. More work will be required to complete this review for all other assets. Non-core to be completed it 2023. Full 10-year budget forecast in 2025. IN PROGRESS Prepare an updated State of Infrastructure report to identify spending gaps Complete an Asset Management Policy in 2019 and an Assessment Management Plan for core infrastructure by 2021 Completed for Core Assets as part of the AM Plan. Non-core assets to begin in 2022/2023 Funding strategy in 2025. IN PROGRESS Improve the coordination, sequencing and leveraging of the capital projects R e s p o n s i b l e & T r a n s p a r e n t F i n a n c i a l M a n a g e m e n t Ensure new infrastructure needed to support growth is paid for by new development through updates to the Development Charges By-law Investigate appropriate DC indexing, fewer discretionary exemptions, effects of 26.1 and 26.2 and new Section 37 (CBCs vs density bonus) to fund growth related projects. IN PROGRESS ACCOMPLISHED Completed and endorsed by Council in 2019 and 2022 respectively. Software still required to maintain asset inventory, conditions and service levels (risk), replacement costs and financing. Ensure fiscal accountability and fact-based decision-making P R I O R I T Y U P D A T E S T A T U S Investigate multi-year capital and operating budgets during this Council term Multi-year budgeting requires complete AMP and overall plan as these are primary drivers of capital budget. Which in turn, operating dependent on asset life cycles and phase in of new services, plus forecasting of inflation and future contracts (i.e. labour, legislation, etc.). IN PROGRESS Review current funding and rates and fees models 2022 increased utility rates, based on 2021 water rate study, to recommended reserve contributions. Need to increase user fees such as recreation, likely budget engagement feedback (i.e. tax vs user fees). Cemetery keeps pace, follow BAO recommendation. IN PROGRESS IN PROGRESS Improvements related to coordination/timing will be realized as our asset management program matures and well defined master plans are created. This information will be used to map out in tenative 10 year capital plans/budget in order to make "smart" capital investments. P A G E 2 3 Page 992 of 1156 Inform residents about how tax dollars are spent through increased transparency in government spending, budgets and decision-making P R I O R I T Y U P D A T E S T A T U S Improve transparency around how Ontario Lottery & Gaming (OLG) contribution fund is utilized through an overview indicating how every dollar of our OLG contribution fund has been spent since 2013 on the City’s website early in 2020 Report F-2019-45 and 2020-24 presented to Council Dec 10/19 and June 23/20 respectively, detailing how OLG spent since 2013. Interrupted during COVID, will resume in 2022 and post on website. IN PROGRESS Develop an spending allocation plan/policy for use of OLG funds In 2022 reduced operating funding according to Council commitment. Improve the budget engagement process through our public engagement platform’s budget allocator tool, as one of many methods of engagement on the budget. 2022 resumed a budget engagement with new CAO. Maybe more scientific results with annual refinement. 2022 results helped reestablish P&I rate, justification for user fee increases. IN PROGRESS Continue to monitor the new Municipal Accommodation Tax New system in place to enforce bylaw and increase compliance after COVID complications. VRUs and B&Bs to comply, need bylaw to enforce licensing. Next steps to audit/review using internal or external resources. IN PROGRESS R e s p o n s i b l e & T r a n s p a r e n t F i n a n c i a l M a n a g e m e n t IN PROGRESS Sustain long-term fiscal health and administrative effectiveness through responsible financial stewardship and robust internal administrative structures and processes P R I O R I T Y U P D A T E S T A T U S Focus procurement practices on achieving best value in a transparent way through the implementation of new procurement policies and an electronic bidding system Procurement policy updated in 2021 needs refreshing to incorporate organizational changes. Electronic bidding system working out the legal details on documents and working on site setup. Planning to go live in early 2023. IN PROGRESS Plan and manage debt through an updated debt management plan Presented and passed by council in 2022.ACCOMPLISHED Proactively apply for public sector funding and pursue private sector partnerships as opportunities arise Each department proactively pursues funding (i.e. FEDDEV, provincial, etc.). Finance assists with applications. The finance department was heavily involved with the operating pressures of COVID, MTO and MMAH funding. IN PROGRESS Update and create new financial policies Only debt management and capital funding and investment policies completed. Budget and reserve policies are to be developed with new ERPs and AMPs. IN PROGRESS P A G E 2 4 Page 993 of 1156 W e a r e c o m m i t t e d t o p r o v i d e a s t r o n g a n d r e s i l i e n t i n f r a s t r u c t u r e t h a t e n s u r e s a h i g h q u a l i t y -o f -l i f e f o r N i a g a r a F a l l s r e s i d e n t s a n d p r o v i d e s t h e f o u n d a t i o n n e e d e d t o s u p p o r t a s u s t a i n a b l e c o m m u n i t y . S t r o n g & R e s i l i e n t I n f r a s t r u c t u r e P A G E 2 5 Page 994 of 1156 S t r o n g & R e s i l i e n t I n f r a s t r u c t u r e Prepare for our City's growth by ensuring infrastructure is planned and designed to meet the needs of residents, businesses and visitors today and in the future P R I O R I T Y U P D A T E S T A T U S Develop master plans for infrastructure servicing Master Drainage Plan is complete.Water Model and Wastewater Models are complete. Master Plans to proceed in 2023. IN PROGRESS Develop and implement a strategy for reducing water losses and establish a program for water meter replacement, using best practices Completed the Residential Water Meter Replacement Program in 2022. In 2019 implemented an annual water audit and water loss report, reported annually to Council with the Drinking Water report. ACCOMPLISHED Implement the Pollution Control Plan Update Study recommendations Multi-year program that is a large driver of the capital budget (combined sewer separation). Ongoing work to implement the operational recommendations. IN PROGRESS Complete the Silvertown functional servicing study Study commenced in 2021 and is expected to be complete in 2022. IN PROGRESS Design and build high-quality and long-lasting infrastructure to serve the community Update and consolidate the City's municipal standards Update is underway, with incorporation of Low Impact Design (LID) best practices and climate change resiliency updates. IN PROGRESS Explore emerging technologies and best practices to build infrastructure better and cheaper, such as trenchless sewer rehabilitation and echelon paving 3-year trenchless cured-in-place sewer pipe rehabilitation program was launched in 2020. Additional initiatives are being explored including maintenance hole adjustment methods and pavement rehab options. ACCOMPLISHED Assess the condition, historical significance, long- term usefulness and viability of City facilities and buildings A) Complete the Site Location Optimization Study for a new Service Centre B) Undertake demolition of aging and unsustainable city owned buildings and structures C) Address surplus city facilities D) Create a Civic Campus around City Hall and the Wayne Thomson Building (4343 Morrison Street) A) Study was completed in 2019 with an addendum in 2020. Recommendation for an 18 acre site with access to the south and west ends of the City. B) Draft building condition reports have been completed. C) Review is underway. PARTIALLY ACCOMPLISHED P R I O R I T Y U P D A T E S T A T U S P A G E 2 6 Page 995 of 1156 S t r o n g & R e s i l i e n t I n f r a s t r u c t u r e Maintain the City's built infrastructure in a reliable, environmentally friendly, and cost-efficient way Use new technologies and approaches to direct our infrastructure maintenance and repair dollars most wisely Asset management plan was completed and has established priorities for core assets based on risk. Sewer rehabilitation using cured-in- place pipe. ACCOMPLISHED Continue to implement a preventative maintenance program for all city facilities A preventative maintenance program has been implemented for all city facilities and will continue to be refined. Properly maintain City streets through programs such as the Weed Warriors and the Pothole program Weed control program has been firmly established through the purchase and deployment of a steamer and seasonal workforce. Pothole program continues annually with ongoing tweaks for pothole reporting. P R I O R I T Y U P D A T E S T A T U S Continually monitor and evaluate infrastructure age and condition to ensure financial sustainability of long-term plans for infrastructure renewal P R I O R I T Y U P D A T E S T A T U S Ensure City infrastructure is in good condition through initiatives like the sewer condition CCTV program and the Niagara Falls State of Good Repair Program Sewer CCTV program has inspected over 75 percent of city sewers – many for the first time. Transitioning to an annual program. ACCOMPLISHED Undertake detailed investigations to identify where wet flows are entering the sewers and repair the leaks Major investigations completed in Chippawa, resulting in targeted improvements for sewer lining and catchbasin re-direction. Other areas of the City to follow in a multi-year approach. Wet Weather Management Strategy to be performed in order to prioritize locations of improvements based on risk and cost. IN PROGRESS Undertake the Sanitary Network Condition Assessment Completed through contract, with follow-up inspections underway. Will transition to an annual program in the operating budget. ACCOMPLISHED Continue the South Niagara Falls Infiltration & Inflow Monitoring Study to identify and quantify sources of wet weather flow tributary to the High Lift Sewage Pumping Station Program was completed using smoke testing, flow monitoring and visual inspections. Resulted in targeted improvements for sewer lining and catchbasin re-direction. Other areas of the City to follow in a multi-year approach. ACCOMPLISHED ACCOMPLISHED IN PROGRESS P A G E 2 7 Page 996 of 1156 S t r o n g & R e s i l i e n t I n f r a s t r u c t u r e Consider changes to climate and societal influences in order to ensure infrastructure is resilient to withstand the demands of the future with minimal interruptions Update the storm intensity-duration frequency relationship to determine new standard for storm sewer design Master Drainage Plan identified a built-in buffer due to conservative IDF relationship. Recommendation to increase standard by 15% will be incorporated in the municipal standards update underway. IN PROGRESS Develop a Climate Change Adaptation Plan to understand the vulnerabilities, and manage impacts, risks, & opportunities posed by a changing climate Climate Adaptation Plan was prepared with the assistance with Niagara Adapts. Adopted by Council in 2021. Continue the WRAP program to assist with changing climate impacts to wet weather and basement flooding Weeping Tile Removal Assistance Program (WRAP) successfully continues, with ongoing funding in the operating budget. Work in close cooperation with partners such as the Niagara Region and Niagara Parks Commission to complete critical infrastructure projects Extension of Thorold Stone Rd. (Regional Road 57) where it currently ends at the Gale Centre (Phase 1), further south to a roundabout at Victoria Avenue Roundabout construction to be complete in late August. Bridge Street EA underway. Thorold Stone Road Extension in the detailed design phase. Niagara South Sewage Treatment Plant Ongoing participation in stakeholder consultation. Expected to be in-service in 2027. Reconstruction of Drummond and McLeod Road Drummond Road under construction presently for the first of three phases. Niagara Region is finalizing plans for McLeod Road between QEW and Stanley Avenue. IN PROGRESS P R I O R I T Y U P D A T E S T A T U S P R I O R I T Y U P D A T E S T A T U S Bridge Street Reconstruction and multi-modal hub initiatives and improvements EA underway. City has completed the Record of Site Condition for the former transit site. Whirlpool Road Roundabout First phase has been completed. Roundabout to be cost-shared 50/50 with the Niagara Parks. Montrose Road Environmental Assessment and improvements to service the Niagara South Hospital EA was completed in 2022. City watermain looping on Reixinger Road is underway, and all City road works are incorporated in the Regional-led project. ACCOMPLISHED ACCOMPLISHED ACCOMPLISHED IN PROGRESS IN PROGRESS IN PROGRESS IN PROGRESS P A G E 2 8 Page 997 of 1156 W e a r e c o m m i t t e d t o b e i n g t r a n s p a r e n t a n d a c c o u n t a b l e t o o u r r e s i d e n t s , p r o v i d i n g e a s y a c c e s s t o i n f o r m a t i o n , a g r e a t c u s t o m e r s e r v i c e e x p e r i e n c e a n d m e a n i n g f u l o p p o r t u n i t i e s t o p a r t i c i p a t e i n t h e d e m o c r a t i c p r o c e s s . E n g a g i n g & A c c o u n t a b l e G o v e r n m e n t P A G E 2 9 Page 998 of 1156 E n g a g i n g & A c c o u n t a b l e G o v e r n m e n t Develop and deliver a City of Niagara Falls talent management strategy, emphasizing employee development and engagement, with a focus on senior leadership succession planning and establishing a workforce planning approach P R I O R I T Y U P D A T E S T A T U S Prepare a Workforce Strategy focused on attracting and retaining good employees in a declining labour market The City has become more strategic in its attraction and retention programs through various initiatives (ie. Non-Union Bylaw Changes, Revised Non-Union Salary Bands etc). Both 2021 and 2022, resulted in some very successful recruitment of key Senior Leadership Positions. Hiring of new CAO in 2021. Hiring of a new City Planner in 2022. Hiring of a new City Solicitor in 2022. Hiring of a new GM of Corporate Services in 2022. Once results of the employee engagement survey are complete, a more comprehensive Workforce/People Plan will be drafted. IN PROGRESS Create a dynamic and flexible workplace that is adaptable to the changing needs of both current and future employees During the Covid-19 Pandemic, HR made significant changes to its Working Remotely from Home Policy. These adaptive changes have proven to be very successful both during a pandemic and on a move forward basis. The City is also currently examining have touch- down office spaces for those who can work partially from home. Corporate Policy for Working Remotely from Home was revised, and new corporate guidelines were established. IN PROGRESS Undertake a staff training needs assessment for the corporation The City has engaged the professional consulting services of McLean and Company. They will be conducting a full employee engagement survey in October 2022. Part of the survey will be assessing the training needs of our staff among many other important items such as the Diversity, Equality and Inclusion needs of our staff as well. Project commenced in July 2022 and is anticipated to be completed late Fall 2022. IN PROGRESS Make strategic decisions about our long-term space needs to accommodate services and staff The City has established an ad-hoc committee which HR, Info Systems, Facilities and Procurement are a part of and will be making recommendations to the Corporate Leadership Team (CLT). At present, Senior Leadership Team (SLT) is determining which departments can work from home on a regular basis. This will assist in establishing some general “Touchdown Office Workspaces” on a move forward basis. IN PROGRESS ...CONTINUED ON NEXT PAGE P A G E 3 0 Page 999 of 1156 E n g a g i n g & A c c o u n t a b l e G o v e r n m e n t Develop mechanisms to promote, and indicators to measure, an engaged, safe, innovative, and involved work force IN PROGRESS Promote a values-driven organizational culture that reinforces ethical behavior, exercises transparency and maintains the public trust Strengthen employee engagement Improve the on-boarding process Continue to integrate the City’s Corporate Values into all Human Resources systems –recruitment, hiring, promotion, training priorities, and leadership development Some key Corporate Policies were established during this Council Term which include the following: Social Media Policy Council / Staff Relations Working Remotely from Home Diversity, Inclusion and Anti-Racism & Discrimination Disconnect from Work Policy Covid-19 Workplace Vaccination Policy The City continues to integrate its Corporate Values (Accountability, Leadership, Teamwork and Respect), into its recruitment strategies when hiring and onboarding new staff. The City has formalized new training and development mandates for all new hires which include (Human Rights, Diversity and Inclusion, Anti-Racism, as well as Truth and Reconciliation) training for all new hires. IN PROGRESS ...CONTINUED Develop and deliver a City of Niagara Falls talent management strategy, emphasizing employee development and engagement, with a focus on senior leadership succession planning and establishing a workforce planning approach The City launched its new Performance Appraisal Management Program with its Non- Union staff in 2019-2020. The program has served to be beneficial in establishing key corporate performance indicators as all staff are required to create 1-2 SMART Goals. The SMART Goals established are aimed at supporting the City’s Strategic Priorities. Staff will also be facilitating a Corporate-wide employee engagement survey in the Fall of 2022. Establishment of a corporate Emergency Operations Committee (EOC) to take the lead of overseeing key operational issues during the Covid-19 Pandemic. P R I O R I T Y U P D A T E S T A T U S P A G E 3 1 Page 1000 of 1156 E n g a g i n g & A c c o u n t a b l e G o v e r n m e n t Commit to being efficient and effective in our delivery of municipal services and use of resources, and accountable to our residents and stakeholders P R I O R I T Y U P D A T E S T A T U S Define levels of service across the corporation, and refine and update policies With the anticipated Regionalization of Transit Services, the City facilitated a re- structure of the Transportation Services Department in 2020. This restructure was very timely and served very helpful for the upcoming Transit Regionalization which will take effect at the end of 2022. Transportation, Parking & Traffic and School Crossing Guards divisions now fall under the Municipal Works Department. Transit Services is now a stand-alone division which will dissolve at the end of 2022. Revision of Current Policies and adoption of new corporate policies were done throughout this Council Term. In addition, we also adopted Flexible Working Arrangements during this Council Term to assist with provide consistent service levels across the organization. We have also adjusted staffing levels within Recreation & Culture to ensure appropriate service levels at the MacBain Community Centre and the new Exchange Facility at the Niagara Falls History Museum. IN PROGRESS Ensure that the City’s organizational structure is appropriate and effective In addition to changes made with restructuring Transportation Services, similar changes were made Corporately in the summer of 2022. This included the creation of four (4) General Manager Portfolios. Municipal Works Planning, Building & Development Recreation & Culture Corporate Services Further, important Organizational changes were made with our Facilities and Cemeteries Division. Both Facilities and Cemeteries now report under our Recreation and Culture Department. All 4 General Manager Departments and the offloading of Transit to the Region will be fully implemented before the end of December 2022. ACCOMPLISHED Transform service delivery through technology and innovation that supports seamless customer service, constant innovation, and enhances information security and privacy As part of the City’s cyber-security audit, in Spring of 2022, the corporation had all staff with a login/email address complete Cyber Security training. Training focused on educating employees on how to protect their credentials and computer system. IN PROGRESS ...CONTINUED ON NEXT PAGE P A G E 3 2 Page 1001 of 1156 E n g a g i n g & A c c o u n t a b l e G o v e r n m e n t Commit to being efficient and effective in our delivery of municipal services and use of resources, and accountable to our residents and stakeholders P R I O R I T Y U P D A T E S T A T U S Explore partnership opportunities with other levels of government, public and private organizations and service organizations to deliver optimal services and programs to our residents Niagara Falls Transit Services, in partnership with the City of Welland Transit Services and St. Catharines Transit Commission will be fully integrated into one large Regionalized Transit service provider. This new entity will be call Niagara Regional Transit Commission. Niagara Regional Transit will be fully operational on January 1, 2023. The City worked with the Region of Niagara Public Health Dept during the Covid-19 Pandemic. Had staff re-deployed at various locations across the Region to assist with screening at Vaccination Clinics and ensure continued employment. This shared service was completed throughout 2020 and 2021 We have also explored the potential opportunity of shared services among the procurement of Health / Wellness Benefits with the Region. This idea is still being discussed and explored by staff. IN PROGRESS Prepare program and service specific strategies to improve effectiveness and efficiency A) Undertake process improvement exercises B) Update the Retention By-law and develop a records management process C) Develop a comprehensive delegation of authority By-law and policies A) Through HR’s internal leadership program, a team of talented next generation municipal leaders at the Management/Supervisory level worked with the Senior Leadership Team to establish and formalize the new Non-Union Pay for Performance Appraisal Program. Program was successfully launched in 2019 and remains current. B) Staff have evaluated the current process, provided suggestions, and have developed a trajectory. Steps have been taken to implement a new Records Retention By-law with an intended implementation of 2023. C) This will require additional departments within the City to also take part in the initiative to ensure a comprehensive implementation plan through training and the development of digital programs. IN PROGRESS ...CONTINUED P A G E 3 3 Page 1002 of 1156 E n g a g i n g & A c c o u n t a b l e G o v e r n m e n t Promote open, transparent, accountable and collaborative government P R I O R I T Y U P D A T E S T A T U S Introduce a new procedural By-law to ensure effective and efficient Council meetings Amendments have been made throughout this term of Council to the Procedure By-law. Staff created new procedural bylaw (January 2019), and corporate policy (Council / Staff Relations), which was approved by Council February 26, 2019. An updated and reviewed by-law will be introduced to the next term of Council. This will incorporate amendments and updates to better assist with the meeting process. IN PROGRESS Review the current Council Code of Conduct to include more mediation opportunities Amendments have been made throughout this current term of Council. The updated and reviewed Code of Conduct will be circulated to the next term of Council for approval. IN PROGRESS Encourage open government by developing additional supporting policies, including a Whistleblower Policy In addition to developing various new corporate policies to support Open Government during this Council Term, staff also examined additional policies such as Whistleblowing. After review and discussion, staff advised that the City’s current Code of Ethics/Conduct (Conflict of Interest) policy (400.35) does address matters such as Whistleblowing (Section 5.5) ACCOMPLISHED Deliver great customer service experiences to our residents, businesses, and visitors P R I O R I T Y U P D A T E S T A T U S Develop a Customer Service Plan that includes reviewing customer service delivery trends, mapping customer journeys and identifying innovative ideas to improve our customer service Review of trends and current customer service provision complete. Customer service software investigation and pilot project planning underway. Throughout the Pandemic, HR had to adapt to conducting interviews and pre-employment testing virtually to ensure staffing levels for essential services was maintained. This change to virtual, post (State of Emergency) has served to be very beneficial and much more accessible to candidates during the recruitment phase. Remote Virtual Training for new and existing employees as well as Virtual Onboarding of new hires. Enhance the use of performance metrics to assess results and program effectiveness. HR conducts and assesses regular Corporate Metrics which include some of the following: Average Age of Staff Gender Breakdown of Staff Total Compliment Average Years of Service Absenteeism / Sick Days Overall Performance of Non-Union staff appraisals Explore innovative service delivery models and technology to enhance the delivery of City information and services across a variety of channels Improve access through web, phone, and in person Explore online business registration Expand payment options for the public Include additions to City Dashboard City policy library on website IN PROGRESS IN PROGRESS IN PROGRESS P A G E 3 4 Page 1003 of 1156 E n g a g i n g & A c c o u n t a b l e G o v e r n m e n t Identify opportunities to improve municipal processes through a shared services model P R I O R I T Y U P D A T E S T A T U S Introduce a municipal shared services initiative to identify and act on opportunities for improvements in the efficiency and effectiveness of services Regionalization of Transit Services Takes effect on January 1, 2023. The City also joined the Coalition of Inclusive Municipalities with the Region of Niagara in 2020 in an effort to collectively address Diversity and Inclusion matters in Niagara. August 2020 Council endorsed their support for (C.I.M.) IN PROGRESS Communicate effectively with our residents, customers, partners, and stakeholders, involving them in decisions that impact and interest them, and engage them in public life Provide meaningful opportunities to participate in the democratic process Increase public engagement in municipal issues with the continued implementation of our Community Engagement Framework and use of our engagement platform Enable public involvement in decision-making where possible Seek regular feedback from customers about City services and programs via surveys, online input, public meetings and/or social media P R I O R I T Y U P D A T E S T A T U S Let's Talk Niagara Falls, our community engagement platform was used extensively throughout the pandemic and continues to be an integral part of communicating with the public. 2022 has seen an increase in online engagements. There are currently 12 active Let's Talk pages. A number of surveys have been undertaken to engage the public, including: Winter Maintenance Budget Engagement Trail Developments Online engagement has grown considerably over the past 4 years on the corporate social channels: Facebook followers grew by 18,000 Instagram followers grew by 4,800 Twitter followers grew by 4,300 To increase accessibility in the democratic process the 2022 Municipal and School Board Election have increased the number of Advanced Poll from five (5) to seven (7) dates and the introduction of Vote by Mail. Council now has two (2) new Advisory Committees which are actively engaged in a variety of municipal matters. 1. Diversity and Inclusion Advisory Committee 2. Anti-Racism Advisory Committee IN PROGRESS P A G E 3 5 Page 1004 of 1156 W e a r e c o m m i t t e d t o m a k i n g N i a g a r a F a l l s a l i v a b l e , a f f o r d a b l e a n d i n c l u s i v e c i t y w i t h a s t r o n g s e n s e o f p l a c e . H e a l t h y , S a f e & L i v a b l e C o m m u n i t y P A G E 3 6 Page 1005 of 1156 Ensure that residents have access to state-of-art health care facilities and qualified professionals P R I O R I T Y U P D A T E S T A T U S Work with the Ministry of Health and Niagara Health to expedite the development of the new Niagara South Hospital at Montrose and Lyons Creek Roads Off-site Infrastructure works have been coordinated and supported by the City. Construction of the looping watermain is underway. IN PROGRESS Support the provision of family physician and specialist resources to meet the needs of our community H e a l t h y , S a f e , & L i v a b l e C o m m u n i t y Advocate for mental health services and publicly-funded addiction recovery options, and work to de-stigmatize mental health and addictions. P R I O R I T Y U P D A T E S T A T U S Improve accessibility to mental health services in our community through advocating for localized services, outreach programs, and programming in schools MYAC provided input to the Pathstone Mental Health Wellness Walls which are now located in Secondary and Elementary schools to ensure youth friendly language. Encourage the Mayor’s Youth Advisory Committee to continue to undertake youth mental wellness activities in the five high schools MYAC created a Mental Health Sub Committee and planned and implemented several initiatives for high school students including an art contest, study night, etc. ACCOMPLISHED Ongoing recruitment of family physicians in conjunction with Niagara Region.IN PROGRESS Provide inclusive services and facilities to respond to the growing needs of a diverse population P R I O R I T Y U P D A T E S T A T U S Continue to strive to be a barrier-free community All built infrastructure designs meet the AODA standards and regular updates are occurring with the Accessibility Advisory Committee. IN PROGRESS Work collaboratively with the Niagara Falls Public Library to ensure appropriate provision of library service to meet the needs of the communit R&C staff are reviewing existing City and library programs to ensure there is not duplication. Program gaps will be addressed through discussions with stakeholders as to who and where the program should be provided. Utilize events and placemaking to facilitate natural interactions among community members to develop connections and build relationships Strengthen, expand and recognize the volunteer sector Developing a volunteer program for R&C events and programs. IN PROGRESS IN PROGRESS IN PROGRESS Expansion of outdoor rink volunteer program, addition of tobogganing and s’more fun days, and continual updates to parks and trails. IN PROGRESS P A G E 3 7 Page 1006 of 1156 H e a l t h y , S a f e , & L i v a b l e C o m m u n i t y Provide opportunities for residents to remain connected and engaged, enjoy good health and participate fully in the community P R I O R I T Y U P D A T E S T A T U S Promote active aging through the new senior’s advisory committee, the City's liaison for residents, and local community groups on age- friendly issues Developed the Seniors Advisory Committee (SAC) to provide input on older adult issues.ACCOMPLISHED Consider expanded seniors’ programming to meet the needs of new the generation of baby boomers, and explore more and different opportunities to participate and stay active Older Adults programming has been moved to the MacBain community Centre. New programs such as pickleball have been a success. ACCOMPLISHED Accommodating a wide range of ability levels is always a consideration for parks, trails, sidewalks and playgrounds. Access to critical infrastructure (water, sewer, sidewalks, roads) is reviewed from a risk lens, with higher priorities given to infrastructure that services vulnerable populations. For example, looping of the watermain under the QEW on Oakwood Drive in 2021 now provides a greater security of supply for the two seniors homes (Oakwood Park Lodge & Millennium Trail Manner). SAC provides input into design ideas such as additional curb cuts and more benches along sidewalks. Design infrastructure with consideration to the needs of an aging population IN PROGRESS Increase City cost-saving initiatives for low- income seniors Annual water and tax rebate programs in place.IN PROGRESS Ensure that Niagara Falls is a safe community and residents receive timely access to emergency services and supports P R I O R I T Y U P D A T E S T A T U S Provide Fire services and resources to safely meet community need A) Construct and staff Fire Station 7 in Spring 2021 B) Construct a boat house along the Welland River to reduce times for water rescues A) Station 7 opened on May 3, 2021 B) Delayed due to COVID-19 pandemic. Ongoing conversations taking place with City staff. PARTIALLY ACCOMPLISHED ...CONTINUED ON NEXT PAGE P A G E 3 8 Page 1007 of 1156 Ensure that Niagara Falls is a safe community and residents receive timely access to emergency services and supports P R I O R I T Y U P D A T E S T A T U S H e a l t h y , S a f e , & L i v a b l e C o m m u n i t y Extend safety to well-planned, maintained, and accessible streets, sidewalks and public buildings Explore safety measures to protect sidewalks and gathering places A review of barriers and special event safety precautions was initiated in 2019. Recommendations will be used to inform future road reconstruction projects, particularly in the tourist core. Further discussion is needed (post- Covid) in regard to temporary protections. IN PROGRESS Create a more “climate-ready” built environment Provide community “cooling centers” on our increasing numbers of hot days Consider enhanced shade and cooling options in new facility and park design IN PROGRESS Park designs are including pavilions and additional tree plantings (e.g. Oakes Park). Budget allocations for shade structures have been made for MacBain Skatepark. During the COVID pandemic cooling and warming centres were implemented at the NF Library – Victoria Avenue, the Gale Centre and NF History Museum. With facilities open all R&C facilities and Library locations are cooling and warming stations. ...CONTINUED Strengthen the City’s emergency management capabilities A) Emergency management practices are included as part of city planning and programming B) Ensure emergency plans are up-to-date and tested on a regular basis C) Increase Public awareness activities and investigate a public notification system A) Compliant with the Emergency Management and Civil Protection Act in 2021. B) Emergency Operation Centre Planning meeting held on March 24/22. Met Provincial compliance by reviewing Emergency Plan and H.I.R.A. C) Public Notification System - Alert Ready app through the federal government utilized. ACCOMPLISHED Ensure that the City is protected from cyber security attack Through on-going research and technology upgrades, staff have been undertaken going through regular security updates. Staff training is ongoing and additional tools (backup, policies, managed detection and response software) are in the process of being implemented to further protect our networks from attack. IN PROGRESS P A G E 3 9 Page 1008 of 1156 Foster healthy lifestyles through planning for and providing a range of accessible and affordable recreation facilities, events and opportunities P R I O R I T Y U P D A T E S T A T U S Ensure planning of recreation and culture facilities and opportunities will meet the needs of our growing and increasingly diverse population Update the Strategic Plan for Recreation and Culture to assess the current state of the culture and recreation systems, identify gaps and needs, and plan for future investment Recreation & Culture and the Municipal Works Department completed a Ten-Year Recreation Culture and Parks Plan in spring 2021. The initiatives will be implemented over the next ten years, 2021 – 2031. In the process of an environmental scan of recreation programs for different age groups and will engage the community for input regarding programming needs. Advance quality and affordable recreation opportunities and projects to ensure significant and active use of public spaces, both indoor and outdoor Implement and further promote online recreation registration options Explore opportunities for public waterfront access Investigate innovative recreational choices such as natural play spaces and additional outdoor fitness equipment Continue the “Operation Awesome Playground” play structure replacement program Implement the recommendations of the Tennis and Basketball Service Delivery Review Integrate interactive fitness equipment in facilities and on trails Undertake a review of recreational facilities conditions to ensure sustainability Chippawa waterfront plan requires funding, but was supported by Council in principle. Public waterfront access and natural play spaces will be explored during the next 2 – 5 years. Outdoor fitness equipment and natural play are included in the RC&P Plan. Implementation of the second outdoor fitness stations along Millennium Trail Section 2 is underway. Operation Awesome Playground continues with over 40 playgrounds installed since 2017. Tennis and Basketball court improvements are continuing, with a total of 9 new courts at 6 parks in 2022. With the re-opening of the MacBain Community Centre staff have developed and communicated new recreation opportunities for all ages. Online registration is available for all registered programs. IN PROGRESS H e a l t h y , S a f e , & L i v a b l e C o m m u n i t y ACCOMPLISHED Major investments in the Millennium Trail including: Completion of Section 2, Section 5, and the crossing of the Whirlpool Road Bridge over the OPG canal.Work continues on the remaining trail connections. Initiation of the NS&T trail, with implementation planned over the next 5 years. Longer-term recommendations are expected upon completion of the Active Transportation Master Plan. Continue to build and maintain an off-road city-wide trail system that is safe, easy to navigate, and enjoyable to use P R I O R I T Y U P D A T E S T A T U S Improve pedestrian and cyclist safety and enjoyment by creating a defined and continuous system of pathways throughout the City. IN PROGRESS Deliver high quality trails Complete the Millennium Trail Begin implementation of the NS&T Trail Section 5, 2, and bridge over the OPG canal was completed. NS&T trail preliminary design is underway. ACCOMPLISHED P A G E 4 0 Page 1009 of 1156 H e a l t h y , S a f e , & L i v a b l e C o m m u n i t y Create vibrant and authentic places and spaces, and evolve the City’s role in arts, culture and heritage to build a strong, vital and connected sector P R I O R I T Y U P D A T E S T A T U S Implement the construction of the Culture Hub and Market as the new heart for culture and community in the historic Main & Ferry area, dedicated to arts, cultural engagement, and market activity with additional publicly accessible space for community gatherings Construction is ongoing. Started in November 2020, anticipated substantial completion is January 4, 2023 with the Audio/Visual being delayed until March 2023 due to supply chain issues. Increase and strengthen communication within and about the arts, culture, and heritage sector Invest in and create interpretative and public art experiences that illuminate City’s history, spark reflection and dialogue, and enhance daily life Complete implementation of the Battlefield Master Plan Grow culture-led economic development Public art experiences has occurred through many initiatives: The Play!Play!Play! initiative continues with pianos in various locations around the City painted by local artists and inspiring the joy of music. In 2021, the Urban Walls project looked at shifting some support to enhance downtown areas and provide space for public murals. In 2023, competitions for public art in front of the Exchange and two large digital murals were completed with installation in 2024. There has been no movement on the Battlefield Plan. The Cultural Development Fund continues to support local artists in a variety of ways to encourage the creative economy and creative events. Promote culture as a key factor in economic development by helping attract talented, ambitious people to cities ACCOMPLISHED 80% Culture team continues to support and promote cultural events around the City. The soon to be launched Culture website will also provide space for community events to be promoted to locals and tourists IN PROGRESS IN PROGRESS Maintain natural environments that foster healthy, sustainable communities for current and future generations P R I O R I T Y U P D A T E S T A T U S Continue to take part in Niagara Adapts, a partnership between Brock University and seven local municipalities conducting research on climate change and the impacts on our community. Climate Change Adaptation Plan was presented to Council and approved in late 2021.ACCOMPLISHED ...CONTINUED ON NEXT PAGE P A G E 4 1 Page 1010 of 1156 H e a l t h y , S a f e , & L i v a b l e C o m m u n i t y Maintain natural environments that foster healthy, sustainable communities for current and future generations P R I O R I T Y U P D A T E S T A T U S Strengthen tree protection through species diversification and enhance our tree canopy Continue to implement the Woodlot Management Strategy Formalize a program to expand the city’s tree canopy over 10 years to assist with climate change and beautification objectives Tree inventory update is underway. Approved species lists in Forestry Policy have been reviewed and updated. Implementation Strategy for the Climate Adaptation Plan includes additional action items related to forestry including the implementation of a Urban Forestry Management Plan. IN PROGRESS Minimize our impact on the environment and contribute to reversing climate change Reduce use of fossil fuels and emissions through ecological new vehicle purchases such as electric cars Ban plastic straws at City facilities taking into consideration accessibility needs Encourage electric vehicle charging capacity in all new developments Review and implement energy conservation policies and green practices at City facilities Ensure new development, redevelopment and intensification preserve and contribute to quality green space Electric Vehicle feasibility study was completed through a partnership with PowerON (OPG subsidiary). Funding grant is being sought. Action item list is under development as part of the Climate Adaptation Implementation Plan.IN PROGRESS Address issues relating to property standards to help to beautify our community P R I O R I T Y U P D A T E S T A T U S Enforce property standards with a focus on unsightly, neglected and derelict buildings The Municipal Enforcement Department has issued in excess of 1000 property standards and various bylaw related Orders and Notices and brought various zoned properties throughout the community into compliance with applicable law. Worked closely to assist various BIA groups and stakeholders to identify and resolve concerns within their areas. Implemented the new Licensing by- laws with VRU and B & B related businesses. Currently utilizing those by-laws to achieve compliance through the Ontario Courts of Justice system. Institute a program to ensure weed free city streets and graffiti free public spaces Procurement of a “steamer” in 2022 for environmentally friendly weed removal and graffiti removal in public spaces. Efficacy is under review for future expansion of equipment and manpower dedicated to this initiative. IN PROGRESS IN PROGRESS ...CONTINUED P A G E 4 2 Page 1011 of 1156 1 Heather Ruzylo Subject:request for a billboard From: sara sinicropi < Date: July 27, 2022 at 8:53:30 AM EDT To: Jim Diodati <jdiodati@niagarafalls.ca>, CouncilMembers <councilmembers@niagarafalls.ca>, Bill Matson <billmatson@niagarafalls.ca> Cc: Carey Campbell <ccampbell@niagarafalls.ca> Subject: [EXTERNAL]-request for a billboard We, Domenic and Sara Sinicropi, own a number of properties on Victoria Ave a commercial strip, one of them at 5034 Victoria Ave at the corner of Armoury St. We invested a substantial amount of time and money on all our properties renovating/improving and in the construction of this parking lot of 77 spots which are vacant. If we could please be allowed to place a billboard on this lot it will assist us financially with the property taxes and other operating expenses. We can also help the City of Niagara Falls in advertising community messages. Therefore we request to break the moratorium but if that is not possible then to apply for an exception. Domenic can be reached anytime at Thank you, Sara and Domenic Sinicropi Sent from Mail for Windows 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. 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 1012 of 1156 BAYFIELD ‘°‘°"”‘°"?!.Z“.X§.'?:.i“iii“:32? Rea”),Advisers inc T 416.227.1552 F 416.545.0552 VIAEMAIL August 4,2022 Clerk's Office City of Niagara Falls 4310 Queen Street,Box 1023 Niagara Falls,ON, L2E6X5 Attention:Mayor and Members of Council Re:Community Benefits Charges Draft By-law and Strategy (August 2022) 7555 Montrose Road and 7449 Montrose Road Bayfield Realty Advisors Inc.("Bayfield")is the owner of 7555 Montrose Road and 7449 Montrose Road ("Bayfield Lands”).The Bay?eld Lands include undeveloped land at 7449 Montrose Road of approximately 2.6 ha (6.5 ac),and also include an established major retail centre,"Niagara Square Mall”at 7555 Montrose Road (approximately 22.3ha/55ac). The Bayfield Lands are a significant landholding in the City of Niagara Falls.We met with staff on August 3,2022 to discuss the August 2022 Draft Community Benefits Charge ("CBC”)By-law. We have reviewed the City's proposed draft CBC By-law and are pleased to note our support of the proposed direction of the CBC credits,for Council consideration.The draft By-law has consideration for CBCcredits for development that is considered either as Attainable Housing (100%credit),or rental housing (50%credit).This is a powerful incentive,which has similarly been implemented by other municipalities in Ontario as part of the CBC by—law.The incentive would assist the municipality in encouraging additional rental housing and attainable housing supply,which would be consistent with the City's Draft Housing Directions Strategy (including Draft OPA 149)and would represent a positive step towards addressing the houselessness crisis declared by the City in June 2022.As a prominent landowner within the City, Bayfield is strongly supportive of the City's direction with respect to the CBC by-law,and encourages Council to endorse the direction to provide CBCcredits for certain types of development. Page 1013 of 1156 40 Egllnton Avenue East.Suite 300 Toronto.ON MAP 3A2 T 416.227.1552 F 416.545.0552 BAYFIELD Realty Advisors inc. In addition to the above,we note two comments for clarification of the by-law,as follows: 1. 2. Subsection 3(1)of the by-law references the exemption under subsection 2(2).For clarity,we suggest that there should also be references by subsection 3(1)to the other noted exemptions under subsection 2(3);and Subsection 3(2)of the by-law states "The Community Benefits Charge shall be imposed on all Development or Redevelopment ofa Building or structure with five or more Storeys and that contains (for Development)or adds (for Redevelopment)ten or more Residential Units.”In our submission,subsection 3(2)should specify that the CBC charge shall "only“be imposed on development/redevelopment above 5 storeys and 10 dwelling units,to avoid potential misinterpretation of the application of the by-law (subsection 3(1)),for development/redevelopment below this threshold‘ We will continue to monitor the implementation of the CBC strategy and by-law and may provide further comments as necessary. We would welcome the opportunity to meet with Staff to discuss our comments further. Should you have any questions,or require further information,please do not hesitate to call. Yo 5 ve§{ft//Z71 truly, e Cicconi,Director of Development &Construction BAYFIELD RealtyAdVlSOlSInc) Page 1014 of 1156 CAN AN NIA RA August 3,2022 By email to councilmembers@niagarafaIIs.ca and clerk@niagarafaIls.ca Mayor Diodati and Council Members City of Niagara Falls 4310 Queen Street Niagara Falls,ON L2E 6X5 Dear Mayor and Members of Council Re Proposed Community Benefits Charge By-law Comments from Canadian Niagara Hotels Inc.(“CNH”) We write in relation to the proposed Community Benefits Charge (“CBC”)By-law As you likely know,CNH is one of the largest hospitality operators in Niagara Falls.In addition to our existing and proposed hotel lands,we own sites planned for other uses, such as residential. in our view,the City should not proceed with a CBC By-law.A CBC By-law will have perverse effects in Niagara Falls. Since a CBC By-law can only apply to residential buildings 5 stories and above,our company is contemplating reduced heights at certain locations to avoid a CBC,or taller buildings to justify the additional charge.The City should be considering financial incentives for mid—riseresidential buildings to meet its planning goals,not the opposite of introducing a financial penalty through a CBC By-law. Another undesirable effect of a CBC By-law is its impact on mixed-use buildings.If the CBC By-law were passed,no CBC is charged for hotels without any residential space. However,if a hotel includes some residential units in the building (an increasingly common trend),the owner will pay the CBC on the entirety of the value of the land (i.e. notjust the residential portion).For some CNH sites in the pre—p|anningstage,these CBC costs would be substantial.The effect of this is to distort the market and influence CNH’s decision on whether or not to include residential units. CROWNE PLAZA NIAGARA FALLS -FALLSVIEW SHERATON ON THE FALLS SKYLINE HOTEL &WATERPARK P.O.Box 1012,5685 Falls Avenue Niagara Falls 0 Ontario L2E 6W7 905-374-4444 ADI GA TE Page 1015 of 1156 rega ADI GA HOTELS The CBC By-law regime was developed by the Provincial government for large cities, like Toronto,where higher density buildings will be built regardless of whether or not a CBC By-law is in place. In Niagara Falls,the situation is different.CBCs willdistort the market.Developers may build lower or very tall.The CBC amounts will be passed on to buyers,increasing home prices.CNH will make decisions on whether or not to have a mixed-use building based on the charge,rather than normal market practices.A CBC By-law will negatively affect the City's long-term planning objectives and job creation. For these reasons,the City should not proceed with a CBC By-law Please include this letter as part of the August 9,2022 Council agenda Thank you for your consideration Kind rds Isaiah Banach VP,Planning and Development Copy:James Dowling,Manager of Capital Accounting Jason Burgess,Chief Administrative Officer Serge Felicetti,Director of Business Development Kira Dolch,Director of Planning,Building and Development CROWNE PLAZA NIAGARA FALLS -FALLSVIEW SHERATON ON THE FALLS SKYLINE HOTEL &WATERPARK P.O.Box 1012,5685 Falls Avenue Niagara Falls Ontario L2E 6W7 905-374-4444 Page 1016 of 1156 1 Heather Ruzylo Subject:Request for Dedicated Pickleball Courts From: Carey Campbell <ccampbell@niagarafalls.ca> Sent: Friday, July 29, 2022 9:51 AM To: Wayne Campbell <wcampbell@niagarafalls.ca>; Paula Clark <finchie55@icloud.com>; Beth Angle <bangle@niagarafalls.ca>; Kathy Moldenhauer <kmoldenhauer@niagarafalls.ca>; Bill Matson <billmatson@niagarafalls.ca>; Heather Ruzylo <hruzylo@niagarafalls.ca> Subject: RE: [EXTERNAL]-Request for Dedicated Pickleball Courts Dear Councillor Campbell: Thank you for forwarding this email from Paula. I’m including staff, specifically Beth Angle, Manager in Recreation and Culture, who has been working on this file. I trust that she and Kathy Moldenhauer will discuss this request to come before Council. The City Clerk, Bill Matson and Heather Ruzylo in his office are both included as well for follow up. carey From: Wayne Campbell <wcampbell@niagarafalls.ca> Sent: Thursday, July 28, 2022 2:12 PM To: Paula Clark < Cc: Carey Campbell <ccampbell@niagarafalls.ca> Subject: Re: [EXTERNAL]-Request for Dedicated Pickleball Courts Hello PaulaThank you for your email. It might be to late to get this item on the agenda. However, that being said, I am forwarding your request to Ms. Carey Campbell. Carey is the go-to-person for the Mayor’s office. She will direct your concerns to the appropriate department so that they will be addressed. In addition, they will keep me in the loop. IF IT APPLIES TO YOUR REQUEST PLEASE BE ADVISED THAT THE CITY WILL NOT USE YOUR NAME AS PART OF THEIR INVESTIGATION! Page 1017 of 1156 2 You are my eyes and ears!!!! If your concerns are not addressed accordingly, please feel free to contact me by phone or email. Trust this helps to move this issue forward. Thank You 𝒲𝒶𝓎𝓃𝑒 𝒞𝒶𝓂𝓅𝒷𝑒ℓℓ Councillor, City of Niagara Falls That which is morally wrong can never be politically right! My phone is always on. 905-351-9237 On Jul 28, 2022, at 12:19 PM, Paula Clark < > wrote: This is a request for your support to have dedicated pickleball courts built in the City of Niagara Falls. The city’s pickleball players have been waiting quite a long time to have courts of their own and are requesting that funding for this work be included in the 2023 capital budget. Page 1018 of 1156 3 I attended both of the Tennis And Basketball Review community meetings in late 2016 and requested that pickleball courts be built. Subsequently the only mention of pickleball in the 2017 Service Delivery Review Report (ten year plan) was to paint pickleball lines on tennis courts. Pickleball is played on a smaller court than tennis and has a much lower net. Tennis nets are not adjustable to the required height for pickleball. I’m sure tennis players would not want to play on multi-purpose courts where the net level was set to pickleball standards. Also pickleball is usually played with multiple people coming out to participate as it is a very social sport. We often have 8-10 players and an individual tennis/basketball court is not suitable. Not only do we have long wait times between games, we have all our vehicles parked on the street in residential areas (2 hour parking limit on Ontario Street). Before the Kalar Road courts were built I suggested that instead of 4 tennis courts on that site, they build 2 tennis courts and 6-8 pickleball courts which could be built in the same area as the other 2 tennis courts. The city declined to take my advice and on October 4th, 2019, the first weekend these courts were open, we had 17 pickleball players using 2 courts and 4 tennis players occupying the other 2 courts. I had a number of friends travel from Welland to play that day. They came a few more times, but were frustrated by the wait times and didn’t return to the city to play. During the time period from the initial review/master plan I have watched as dedicated pickleball courts have been built throughout the province, many in very small communities. In our local area courts have been built in Virgil, Ridgeway, Fenwick, Grimsby and Welland to name a few. Tecumseh with a population of 23,229 just opened ten courts and are hosting a tournament next month. The 6 new courts in Welland opened less than a month ago and each morning there are 24 players on the courts with another 10 waiting to play. These players are coming from all across the region including Niagara-on-the-Lake where the Virgil courts are currently closed. I went there for the grand opening and the pickleball courts were full with people waiting to play. I never saw more than 4 people on the tennis courts the entire afternoon which speaks volumes to the growing popularity of pickleball vs tennis. I have been canvassing the city relentlessly for over 7 years and feel this issue is no further ahead in all this time. Earlier this year we were advised that pickleball courts would built at E.E. Mitchelson Park where there are two old tennis courts. Then on April 1, 2022 we were advised this would not be happening in an email stating: “Based on stakeholder consultation and the tight project timelines, staff were unable to confirm the suitability of EE Mitchelson Park for Pickleball at this time. Further work will be done to as part of the implementation of the Recreation, Culture and Parks Plan to determine the best location for purpose built pickleball courts.” The city decided to “advance priority recommendations of the City of Niagara Falls Tennis and Basketball Service Deliver Review” meaning they would continue with the outdated concept to reconstruct the tennis courts and add pickleball lines. Times change and plans should change with the times as well. Pickleball has been called the fastest growing sport in North America for the past several years with exponential growth during Covid. The city’s 10 year master plan is capable of being amended as shown by the fact the service delivery report, which was approved by council, called for the removal of the tennis court at Glengate Park. The reasoning was that there were four other parks with tennis courts within 800 meters to 1.3 kilometres of this park. Local residents were able to have this master plan amended and the tennis court retained. This was based on a survey that showed 17 people wanted to keep this court. Four parks within that short a distance from each other and then a fifth court was rebuilt to accommodate the tennis community. I’m sure that given this situation, you can understand our frustration. All the pickleball community is requesting is one location with multiple dedicated pickleball courts. The area of one tennis court can accommodate 4 pickleball courts, however, we are Page 1019 of 1156 4 requesting at least 8-10 courts be built in one location. We would like a location that includes washrooms, parking and shade. Currently pickleball is mainly played by seniors although more younger people are becoming involved. The 2015 Niagara Aging Strategy and Action Plan identified the need for “more and expanded recreation centres.” Their Vision and Goals were to “establish a caring community that optimizes opportunities for overall well being to enhance quality of life as people age” and to “facilitate an active and positive lifestyle for all seniors.” In taking into consideration that Stats Canada’s 2016 census indicates the Niagara Region continues to outpace the rest of the country with 21.4% of the population being 65 or older, I think the city and its residents would benefit greatly from the building of dedicated pickleball courts. The pickleball group currently playing at Kalar Road are all home owners who have probably property taxes to this city probably for their entire adult lives (not to mention are all voters) and deserve to have their needs met. The city is now advising us: “We anticipate putting a request forward during the 2023 budget process for site selection and design with possible implementation in 2024 pending budget approvals.” Possible courts in 2024 is not a satisfactory answer for the pickleball community. With the Virgil courts closed for 2 years due to a noise complaint now is the time to attract all those players from Virgil, Niagara-on-the-Lake, St. Catharines, Vineland, Beamsville, Fonthill, Niagara Falls to play here. When people travel to other locations to play, they often spend money when they are there whether it’s gas, general shopping and going for something to eat (several Niagara Falls residents went for dinner/drinks in Virgil after playing in the arena this past Monday night.) There are a number of other issues surrounding this I could address such a tourism revenue, etc., however, I will save that for another email. The Service Delivery Report shows 26 tennis courts and the Recreation, Culture and Parks plan suggests another 4 court location for tennis which would total 30 tennis courts. That report also called for the building of 10 pickleball courts. As I stated, 10 pickleball courts can basically be built in an area taken up by 2 tennis courts. This is not an extravagant request by the city’s pickleball players to have these courts built in the very near future. I am respectfully requesting your support to bring this to fruition in 2023 as Niagara Falls in extremely behind the times in this regard. The city needs to move beyond its outdated concept of creating “multi-purpose” courts by renovating tennis courts tennis courts and adding pickleball lines. This is not a suitable solution and only a bandaid attempt at accommodating the pickleball community. I look forward to hearing from you. Paula Clark Sent from my iPad 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 1020 of 1156 1 Heather Ruzylo To:Clerk Subject:RE: [EXTERNAL]-State of Emergency on Mental Health, Homelessness and Addiction From: True Politics with Steven Soos < Sent: Friday, August 5, 2022 8:41 AM To: Oosterhoffco, Sam <sam.oosterhoffco@pc.ola.org>; Jim Diodati <jdiodati@niagarafalls.ca>; terry.ugulini@niagararegion.ca; Marvin Junkin <mjunkin@pelham.ca>; Wayne Campbell <wcampbell@niagarafalls.ca>; carmen.derose@thorold.ca; Clerk <clerk@niagarafalls.ca>; clerk@thorold.ca; Dave Bylsma <dbylsma@westlincoln.ca>; Leanna Marie Villella <leannaniagaracentre@gmail.com> Cc: Don Rickers <don.voiceofpelham@gmail.com>; David Burket <pelhamvoicepublisher@gmail.com> Subject: [EXTERNAL]-State of Emergency on Mental Health, Homelessness and Addiction Good day Mayor Diodati, Councillor Campbell, Mayor Ugulini, Councillor DeRose, Mayor Junkin, Mayor Bylsma, Sam, and Niagara Falls and Thorold Clerks, I want to begin by congratulating Mayor Diodati and Mayor Ugulini on your respective Councils declaring a state of emergency on mental health, homelessness and addiction, and your willingness to do so in the declaration. I have spoken to Sam Oosterhoff about the state of emergency as a member of the provincial government, and we had a great conversation around these issues, and I appreciate Sam's support tremendously. In a state of emergency, the coordination is between the municipality that declares and the province, so I am writing this email in hopes of connecting the municipalities with the province to address these extremely important issues. The municipality that declares the emergency is now tasked with coming up with an itemized list of things needed in the municipality to address the emergency and the municipality now has increased powers around procurement by-laws. Some ideas I have been brainstorming are as follows: A. A database of families who are willing to support those with mental health, homelessness and addictions issues (can go out to bid and tender for the municipalities). Can incorporate faith-based communities and ministries in this idea. B. Specialized classes for students with mental health issues in Niagara (Katey Marie Campbell fund successfully did this at Eastdale in 2019 and the fund has 0 adminstration fees which means all money goes to end user through Niagara Community Foundation. C. Preventative education campaigns on the dangers of drugs. D. Addressing expensive and costly "offloading at the hospital sites and more therapeutic approaches for those seeking psychiatric care. E. Experienced community navigators who can help end-users navigate a complicated system. (Distress Centre Niagara is a great resource to start this work). F. More intensive intakes for services (ie. employment services), so people dont just feel brushed aside. Page 1021 of 1156 2 G. Tiny Homes (cost effective great for singles and couples) municipalities are tasked with the zoning and planning and this is a great way to tackle a 16-18 year affordable housing waitlist. Texas also does tiny homes communities with connecting services in right in the communities. H. Temporary Modular Housing- I believe we have a company in Niagara who produces shipping containers, but again would go out to bid and tender. I. New drug treatment centres right in Thorold and Niagara Falls, we only currently have Newport in Port Colborne and it doesn't come close to addressing the need and there are a ton of barriers and they operate at limited capacity because of COVID and being under the guise of the hospital system. J. Employment supports (Employment Ontario) also needs to be looked at. Mental health, homelessness and addiction directly connects to labour productivity (we lose 50 billion on mental health costs and 40 billion on substance abuse costs in Canada annually) and there are way to many employment Ontario entities (silos) in Niagara and they don't focus on the mental health side enough and in my opinion, create dependency because of their policies ( I can explain further if anyone is interested). These are just some of my ideas when we coordinate with the province on the state of emergency, and I am happy to report our work has even reached Peterborough where advocates are asking their councils to declare an emergency on housing! I thank everyone for their time and consideration on these matters, and Sam I hope you can forward my email to the ministry of the solicitor general for consideration. Clerks, I ask that you can add this email as a correspondance piece on the agendas of your next respective meetings. In unity and faith, Steven Soos. -- Steven Soos, 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 1022 of 1156 A Great City … For Generations To Come CLERKS DEPARTMENT Inter-Departmental Memo To: Mayor James M. Diodati & Members of Council From: William Matson, City Clerk Date: August 9, 2022 Re: Amending the CAO By-law An amendment to the CAO By-law 2007-210 (duties and responsibilities) appears on today’s agenda for Council’s consideration. This amendment is a house -keeping item that will prepare Council and staff to better deal with any potential temporary vacancy issues, should they arise from time to time. The Current By-law limits any appointment of a temporary or acting CAO to be done solely by Council as a whole by way of passing a by-law. An amendment to this by-law would give the CAO the ability to appoint an acting CAO for any short term absences such as vacation. Any absence of one month or greater will still require an appointment by-law to be passed by City Council. RECOMMENDATION: That Council receive this memo for information and pass the corresponding by-law on today’s agenda. Page 1023 of 1156 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 1024 of 1156 The City of Niagara Falls, Ontario Resolution No. 10 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 July 12, 2022 to consider a Zoning By-law amendment application by Cassone Dwellings (BT) Inc. (“the applicant”) for lands known as 3770 Montrose Road (“applicant’s other 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 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 1025 of 1156 The City of Niagara Falls, Ontario Resolution August 9th, 2022 No. 11 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 November 12, 2019 to consider an Official Plan and Zoning By-law amendment application by 6609 Stanley Nominee Inc. (“the applicant”) to develop a mixed use building on lands known as 6605 Stanley Avenue, with off-site parking provided on lands on the east side of Cleveland Avenue south of Dixon Street and on lands known as 6512 and 6520 Level Avenue, Lots 49, 51 and Block 38, Plan 36 and parts of the Dixon Street and Cleveland Avenue Rights of Way; and WHEREAS since that time the applicant has requested a number of minor changes to the proposed zoning by-law, specifically that legal documents to close and transfer certain rights of way be addressed through a holding (H) regulation, that the by-law allow flexibility in the architectural design of the tower on 6605 Stanley Avenue, including the roof feature, and in the ratio of floor space in said tower that can be occupied by dwelling units, and that a minimum number of 1.25 parking spaces per dwelling unit be required; 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 WHEREAS Council determined that the proposed changes to the by-law are minor and do not require further notice to be given. THEREFORE BE IT RESOLVED that subject to subsection 34(17) of the Planning Act, 1990 R.S.O Council deems the changes to the zoning by-law 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 1026 of 1156 The City of Niagara Falls, Ontario Resolution August 9th, 2022 No. 12 Moved by: Seconded by: WHEREAS subject to section 47 of the Planning Act, 1990 R.S.O. the Minister of Municipal Affairs and Housing may exercise any of the powers conferred upon Council by Section 34 (Zoning By-law) of the Planning Act; and, WHEREAS the applicant requests Council consider passing a resolution to support a Minister’s Zoning Order regarding lands on the south side of Mountain Road, between Kalar Road and Garner Road; and, THEREFORE be it resolved that Council supports the requested Minister’s Zoning Order, subject to the following conditions: 1. That the lands proposed for the golf course, inn and resort and vineyard at the south-east corner of Mountain Road and Kalar Road be zoned site -specific Agriculture (A-XXXX), the balance of the golf course be zoned site specific Agriculture (A-XXYY), and lands with natural heritage features and associated buffers be zoned site specific Environmental Protection Area (EPA-XXXY). 2. That the MZO contain conditions requiring the following studies, prior to development or site alteration: a. An Agricultural Impact Study; b. An Environmental Impact Study; c. A Municipal Servicing Study; d. A Transportation Impact Study; and e. An Archaeological Study. 3. That the MZO contain a condition allowing consideration of connecting the development into municipal infrastructure provided there is available servicing capacity beyond servicing requirements within the City’s Urban Area Boundary until 2051, as identified in a municipal wide Master Servicing Plan. 4. That the MZO contain the other regulations outlined in this report. 5. That the Minister of Municipal Affairs be requested to add a further condition, requiring the applicant enter into a site plan agreement and/or development agreement that shall, among other matters, require the developer to obtain all approvals from the City, Region and Ministry of the Environment, Conservation and Parks for either private servicing or extension of municipal services at the applicant’s cost. Page 1027 of 1156 6. That the City review in detail the draft by-law before submitting the final requested by-law to the Minister. WHEREAS Council has determined such request to be appropriate; THEREFORE BE IT RESOLVED that the Council of the City of Niagara Falls supports the requested Ministry’s Zoning Order. AND The Seal of the Corporation be hereto affixed. WILLIAM G. MATSON JAMES M. DIODATI CITY CLERK MAYOR S:\ZONING\AMS\2022\Bylaws\Resolution AM 2022 013 MZO Mountain Road.docx Page 1028 of 1156 CITY OF NIAGARA FALLS By-law No. 2018–88 A By-law to provide for drainage works in the City of Niagara Falls, in the Regional Municipality of Niagara, known as the Boyer’s Creek Municipal Drain. WHEREAS the Municipal Council of the City of Niagara Falls has procured a report under Section 4 & 78 of the Drainage Act for the improvement of the Boyer’s Creek Municipal Drain; and WHEREAS the Engineer’s Report dated July 12, 2018 authored by J.R. Spriet of Spriet Associates Engineers & Architects was filed with the City Clerk on July 27, 2018; and WHEREAS the estimated total cost of the drainage works is Five Hundred Seventy-Six Thousand Dollars ($576,000.00); and WHEREAS Five Hundred Thirteen Thousand, Eight Hundred Sixty Six Dollars ($513,866.00) is the amount to be assessed to properties within the City of Niagara Falls for the drainage works; and WHEREAS Sixty-Two Thousand, One Hundred and Thirty Four Dollars ($62,134.00) is being assessed in the Town of Fort Erie; and WHEREAS the Council is of the opinion that drainage of the area is desirable; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. THAT the Engineer’s Report prepared by Spriet Associates Engineers & Architects dated July 12, 2018, attached as Schedule “A” and forming part of this by-law, is adopted and the drainage works is authorized and shall be completed as specified in the report. 2. THAT a Schedule of Assessments of lands and roads in the City of Niagara Falls and Town of Fort Erie, as set out in Schedule “C" of the aforestated Engineer’s Report, is attached as Schedule “B” to this by-law. 3. THAT this by-law shall come into force and effect on the passing thereof. 4. THAT the City Clerk is authorized to effect any minor modifications, corrections or omissions, solely of an administrative, numerical, grammatical, semantical or descriptive nature to this by-law or its schedules after the passage of this by-law. Page 1029 of 1156 Read a first and second time and provisionally adopted this 14th day of August, 2018. ................................................................ ................................................................ BILL MATSON, ACTING CITY CLERK VINCE KERRIO, ACTING MAYOR First Reading: August 14, 2018. Second Reading: August 14, 2018. Third Reading: To be determined. Read a third time and finally passed this 9th day of August, 2022. ................................................................ ................................................................ BILL MATSON, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: August 14, 2018. Second Reading: August 14, 2018. Third Reading: August 9, 2022. Page 1030 of 1156 CITY OF NIAGARA FALLS By-law No. 2022 - A by-law to amend By-law No. 2007-210, being a by-law to define, limit and determine the duties and responsibilities of the Chief Administrative Officer. WHEREAS Section 229 of the Municipal Act, 2001, authorizes a municipality to appoint a Chief Administrative Officer who shall be responsible for: (a) Exercising general control and management of the affairs of the municipality for the purpose of ensuring the efficient and effective operation of the municipality; and (b) Performing such other duties as are assigned by the municipality. AND WHEREAS it is deemed expedient and desirable to define, limit and determine the duties and responsibilities of the Chief Administrative Officer; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: That By-law No. 2007-210 is amended by deleting section “3” and that the new section “3” below shall be inserted in lieu thereof. 3. The Council may from time to time, when a vacancy occurs in the office of the Chief Administrative Officer, appoint an Interim CAO by resolution. The Interim CAO must act as the CAO if the CAO will be absent for over a month or is otherwise prevented from fulfilling the role of the CAO; (a) The Interim CAO shall have all the duties, powers, and functions of the CAO as provided in the Act, this By-law, the Corporation’s job description for the CAO, and any other Provincial legislation and City By-laws, Policies and Procedures. (b) The CAO may appoint an Acting CAO where such absences are for a period of less than one month. (c) The Acting CAO shall have all the duties, powers, and functions of the CAO as provided in the Act, this Bylaw, the Corporation’s job description for the CAO, and other Provincial legislation and City By-laws, Policies and Procedures. Read a first, second, third time and passed. Signed and sealed in open Council on this 9th day of August, 2022. ............................................................... ........................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 1031 of 1156 CITY OF NIAGARA FALLS By-law No. 2022 - A by-law to enter into an agreement with the Ministry of Infrastructure related to the provincial Transfer Payment Agreement for Investing in Canada Infrastructure Program (ICIP) Green Stream. WHEREAS The Ministry of Infrastructure of the Province of Ontario has a program to provide funding under the green infrastructure funding stream of ICIP. This stream supports greenhouse gas emission (GHG) reductions, enables greater adaptation and resilience to the impacts of climate change and climate related disaster mitigation, and ensures that more communities can provide clean air and safe drinking water for their citizens. AND WHEREAS The Corporation of the City of Niagara Falls is desirous of taking part in the program; AND WHEREAS The Ministry of Infrastructure requires the City of Niagara Falls to enter into a Letter of Agreement with the Ministry of Infrastructure in order to participate; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An Agreement, in the form attached hereto, authorizing the Mayor and the City Clerk to execute a Letter of Agreement, between Her Majesty the Queen in right of the Province of Ontario, represented by the Minister of Infrastructure for the Province of Ontario (the "Ministry") and the City of Niagara Falls (the "Municipality") Related to Funding Provided by the Province of Ontario (the "Province") to the Municipality under the Transfer Payment Agreement for The Investing in Canada Infrastructure Program (ICIP): Green Stream, is hereby approved. 2. The Mayor and Clerk are hereby authorized to execute the said Agreement and all other documents that may be required for the purpose of carrying out the intent of this by-law. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver such documents. Read a first, second and third time; passed, signed and sealed in open Council this 9th day of August, 2022. ........................................................... ..................................................... . WILLIAM G. MATSON, JAMES M. DIODATI, MAYOR CITY CLERK Page 1032 of 1156 Case #2021-07-1-1610267304 City of Niagara Falls and Ontario ICIP Green TPA Page 1 of 56 TRANSFER PAYMENT AGREEMENT FOR THE INVESTING IN CANADA INFRASTRUCTURE PROGRAM (ICIP): GREEN STREAM THIS TRANSFER PAYMENT AGREEMENT for an Investing in Canada Infrastructure Program (ICIP): Green Stream Project (the “Agreement”) is effective as of the Effective Date. B E T W E E N: Her Majesty the Queen in right of Ontario, as represented by the Minister of Infrastructure (“Ontario” or the “Province”) - and - City of Niagara Falls (CRA#119399392) (the “Recipient”) BACKGROUND The Investing in Canada Infrastructure Program (“ICIP”) is a federal infrastructure program designed to create long-term economic growth, build inclusive, sustainable and resilient communities, and support a low-carbon economy. The Government of Canada (“Canada”) announced, in its Budget 2016 and Budget 2017, over $180 billion for the ICIP to support sustainable and inclusive communities, while driving economic growth. The federal Minister of Infrastructure, Communities and Intergovernmental Affairs and the provincial Minister of Infrastructure entered into the Canada-Ontario Integrated Bilateral Agreement for the Investing in Canada Infrastructure Program for Canada to provide financial support to the Province. Under the Bilateral Agreement, Canada agrees, amongst other things, to provide contribution funding to the Province under the green infrastructure funding stream of ICIP. This stream supports greenhouse gas emission (GHG) reductions, enables greater adaptation and resilience to the impacts of climate change and climate related disaster mitigation, and ensures that more communities can provide clean air and safe drinking water for their citizens. Also, under the Bilateral Agreement, Ontario agrees to identify projects and be responsible for Page 1033 of 1156 Case #2021-07-1-1610267304 City of Niagara Falls and Ontario ICIP Green TPA Page 2 of 56 the transfer of ICIP and provincial funds to eligible recipients pursuant to transfer payment agreements. The Recipient has applied to the Province for ICIP funds to assist the Recipient in carrying out a green stream project. The Province has submitted to Canada for approval and the Province and Canada have approved, in accordance with the terms and conditions set out in the Bilateral Agreement, the Project as set out in Schedule “C”. The Agreement sets out the terms and conditions upon which ICIP funds, up to the Maximum Funds, will be provided to the Recipient for carrying out the Project. CONSIDERATION In consideration of the mutual covenants and agreements contained in the Agreement and for other good and valuable consideration, the receipt and sufficiency of which are expressly acknowledged, the Province and the Recipient agree as follows: 1.0 ENTIRE AGREEMENT 1.1 Schedules to the Agreement. The following schedules and their sub-schedules, if any, form part of the Agreement: Schedule “A” - General Terms and Conditions Schedule “B” - Specific Information Schedule “C” - Project Description, Financial Information, Timelines and Project Standards Schedule “D” - Reports Schedule “E” - Eligible Expenditures and Ineligible Expenditures Schedule “F” - Evaluation Schedule “G” - Communications Protocol Schedule “H” - Disposal of Assets Schedule “I” - Aboriginal Consultation Protocol Schedule “J” - Requests for Payment and Payment Procedures Schedule “K” - Committee 1.2 Entire Agreement. The Agreement constitutes the entire agreement between the Parties in respect to the subject matter contained in the Agreement and supersedes all prior oral or written representations and agreements save and except for the Bilateral Agreement, which shall apply in accordance with section 2.1. Page 1034 of 1156 Case #2021-07-1-1610267304 City of Niagara Falls and Ontario ICIP Green TPA Page 3 of 56 2.0 CONFLICT OR INCONSISTENCY 2.1 Conflict or Inconsistency. In the event of a conflict or inconsistency between any of the requirements of: (a) the Bilateral Agreement and the Agreement, the Bilateral Agreement will prevail to the extent of the conflict or inconsistency; (b) the main body of the Agreement and any of the requirements of a schedule or a sub-schedule, the main body of the Agreement will prevail to the extent of the conflict or inconsistency; (c) Schedule “A” (General Terms and Conditions) and any of the requirements of another schedule or a sub-schedule, Schedule “A” (General Terms and Conditions) will prevail to the extent of the conflict or inconsistency; or (d) a schedule and any of the requirements of a sub-schedule, the schedule will prevail to the extent of the conflict or inconsistency. 3.0 EXECUTION, DELIVERY AND COUNTERPARTS 3.1 One and the Same Agreement. The Agreement may be executed in any number of counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. 3.2 Electronic Execution and Delivery of Agreement. The parties agree that the Agreement may be validly executed electronically, and that their respective electronic signature is the legal equivalent of a manual signature. The electronic or manual signature of a party may be evidenced by one of the following means and transmission of the Agreement may be as follows: (i) a manual signature of an authorized signing representative placed in the respective signature line of the Agreement and the Agreement scanned as a pdf and delivered by email to the other Party; (ii) a digital signature, including the name of the authorized signing representative typed in the respective signature line of the Agreement, an image of a manual signature or an Adobe signature of an authorized signing representative, or any other digital signature of an authorized signing representative, placed in the respective signature line of the Agreement and the Agreement delivered by email to the other Party; or (iii) any other means with the other Party’s prior written consent. Page 1035 of 1156 Case #2021-07-1-1610267304 City of Niagara Falls and Ontario ICIP Green TPA Page 4 of 56 4.0 AMENDING THE AGREEMENT AND AGREEMENT REVIEW 4.1 Amending the Agreement. The Agreement may only be amended by a written agreement duly executed by the Parties. 4.2 Agreement Review. If, pursuant to section 25.10 (Review of Agreement) of the Bilateral Agreement, the Bilateral Agreement is reviewed after three or five years, or both, of the effective date of the Bilateral Agreement, and any changes to the Bilateral Agreement are required as a result, the Parties agree to amend the Agreement as necessary and in a manner that is consistent with such changes. 5.0 ACKNOWLEDGEMENT 5.1 Acknowledgement from Recipient. The Recipient acknowledges, in respect of the Project, that: (a) the Funds are to assist the Recipient to carry out the Project and not to provide goods or services to the Province or Canada; (b) the Province and Canada are not responsible for carrying out the Project; (c) the Province’s and Canada’s role in respect of the Project is limited to making a financial contribution to the Recipient for the Project, and the Province and Canada are not involved in the Project or its operation; (d) the Province and Canada are neither decision-makers nor administrators in respect of the Project; (e) the Province is bound by the Freedom of Information and Protection of Privacy Act (Ontario) and any information provided to the Province in connection with the Project or otherwise in connection with the Agreement may be subject to disclosure in accordance with that Act; (f) Canada is bound by the Access to Information Act (Canada) and any information provided to Canada by either the Province or the Recipient in connection with the Project or otherwise in connection with the Agreement may be subject to disclosure in accordance with that Act; (g) by receiving Funds, the Recipient may be subject to legislation applicable to organizations that receive funding from the Government of Ontario, including the Broader Public Sector Accountability Act, 2010 (Ontario), the Public Sector Salary Disclosure Act, 1996 (Ontario), and the Auditor General Act (Ontario); and (h) the Recipient has read and understood the Bilateral Agreement. Page 1036 of 1156 Case #2021-07-1-1610267304 City of Niagara Falls and Ontario ICIP Green TPA Page 5 of 56 5.2 Acknowledgement from Province. The Province acknowledges that the Recipient may be bound by the Municipal Freedom of Information and Protection of Privacy Act (Ontario) and any information provided to the Recipient in connection with the Project or otherwise in connection with the Agreement may be subject to disclosure in accordance with that Act. 6.0 CANADA’S RIGHTS AND INFORMATION SHARING WITH CANADA 6.1 Third Party Beneficiary. The Recipient agrees that, although the Agreement is between the Province and the Recipient, Canada is, in respect of the rights, covenants, remedies, obligations, indemnities, and benefits (together referred to as “Rights”) undertaken or given to Canada in the Agreement, a third party beneficiary under the Agreement and is entitled to rely upon and directly enforce those Rights as if Canada were a party to the Agreement. 6.2 Sharing of Information with the Province and Canada. The Recipient agrees that, consistent with section 6.1 (Third Party Beneficiary) and for the implementation of the Bilateral Agreement: (a) the Province or Canada, or both, and in respect of Canada either directly or through the Province, may, upon Notice to the Recipient, request additional information from the Recipient including, without limitation, information for any determination under Article A.27.0 (Environmental Requirements and Assessments) and Article A.28.0 (Aboriginal Consultation); (b) if the Province or Canada, or both, provide the Recipient with Notice under paragraph 6.2(a), the Recipient will, within the timelines set out in the Notice, deliver the information to either the Province or Canada, or both, as required; and (c) the Province or Canada, or both, may share any information received from the Recipient pursuant to the Agreement with each other. [SIGNATURE PAGE FOLLOWS] Page 1037 of 1156 Case #2021-07-1-1610267304 City of Niagara Falls and Ontario ICIP Green TPA Page 6 of 56 The Parties have executed the Agreement on the dates set out below. HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO, as represented by the Minister of Infrastructure _________________ ____________________________________ Date p.p. Adam Redish, Assistant Deputy Minister The Honourable Kinga Surma Minister of Infrastructure City of Niagara Falls _________________ ____________________________________ Date Name: Title: I have authority to bind the Recipient. _________________ ____________________________________ Date Name: Title: I have authority to bind the Recipient. [SCHEDULE “A” – GENERAL TERMS AND CONDITIONS FOLLOWS] AFFIX CORPORATE SEAL James M. Diodati Mayor William G. Matson City Clerk Page 1038 of 1156 Case #2021-07-1-1610267304 City of Niagara Falls and Ontario ICIP Green TPA Page 7 of 56 SCHEDULE “A” GENERAL TERMS AND CONDITIONS A.1.0 INTERPRETATION AND DEFINITIONS A.1.1 Interpretation. For the purposes of interpretation: (a) words in the singular include the plural and vice-versa; (b) words in one gender include all genders; (c) the background and headings do not form part of the Agreement; they are for information and reference only and will not affect the interpretation of the Agreement; (d) any reference to dollars or currency will be in Canadian dollars and currency; (e) “shall” and “will” are used interchangeably in the Agreement and denote the same affirmative and imperative obligation on the applicable Party. (f) all accounting terms not otherwise defined in the Agreement have their ordinary meanings; and (g) “include”, “includes”, and “including” denote that the subsequent list is not exhaustive. A.1.2 Definitions. In the Agreement, the following terms have the following meanings: “Aboriginal Community” has the meaning ascribed to it in section I.1.1 (Definitions). “Aboriginal Consultation Record” means the Aboriginal Consultation Record described in section I.3.1 (Requirements for Aboriginal Consultation Record). “Agreement” means this agreement entered into between the Province and the Recipient, all of the schedules and sub-schedules listed in section 1.1 (Schedules to the Agreement), and any amending agreement entered into pursuant to section 4.1 (Amending the Agreement). “Asset” means any real or personal property, or immovable or movable asset, acquired, purchased, constructed, rehabilitated, or improved, in whole or in part, with any of the Funds. “Authorities” means any government authority, agency, body or department having or claiming jurisdiction over the Agreement or the Project, or both. “Bilateral Agreement” means the Canada-Ontario Integrated Bilateral Agreement for Page 1039 of 1156 Case #2021-07-1-1610267304 City of Niagara Falls and Ontario ICIP Green TPA Page 8 of 56 the Investing in Canada Infrastructure Program entered into between Canada and Her Majesty the Queen in right of Ontario, effective as of March 26, 2018, as amended. “Business Day” means any working day the Province is open for business, Monday to Friday inclusive, excluding statutory and other holidays, namely: New Year’s Day; Family Day; Good Friday; Easter Monday; Victoria Day; Canada Day; Civic Holiday; Labour Day; Thanksgiving Day; Remembrance Day; Christmas Day; Boxing Day; and any other day on which the Province is not open for business. “Canada” means, unless the context requires otherwise, Her Majesty the Queen in right of Canada. “Canada’s Maximum Contribution” means the maximum contribution from Canada as set out in Schedule “C”. “Committee” refers to a Committee established pursuant to section A.29.1 (Establishment of Committee). “Communications Activities” means, but is not limited to, public or media events or ceremonies including key milestone events, news releases, reports, web and social media products or postings, blogs, news conferences, public notices, physical and digital signs, publications, success stories and vignettes, photos, videos, multi-media content, advertising campaigns, awareness campaigns, editorials, multi-media products, and all related communication materials under the Agreement. “Contract” means a contract between the Recipient and a Third Party whereby the Third Party agrees to supply goods or services, or both, in respect of the Project in return for financial consideration. “Effective Date” means the date of signature by the last signing party to the Agreement. “Eligible Expenditures” means the costs in respect of the Project that the Recipient has incurred and paid and that are eligible for payment under the terms and conditions of the Agreement, and that are further described in Schedule “E” (Eligible Expenditures and Ineligible Expenditures). “Environmental Laws” means all applicable governmental, regulations, by-laws, orders, rules, policies, or guidelines respecting the protection of the natural environment or the public, and the manufacture, importation, handling, transportation, storage, disposal, and treatment of environmental contaminants and includes, without limitation, the Environmental Protection Act (Ontario), Environmental Assessment Act (Ontario), Ontario Water Resources Act (Ontario), Canadian Environmental Protection Act, 1999 (Canada), Canadian Environmental Assessment Act, 2012 (Canada), Fisheries Act (Canada), the Impact Assessment Act (Canada), and the Canadian Navigable Waters Act (Canada). Page 1040 of 1156 Case #2021-07-1-1610267304 City of Niagara Falls and Ontario ICIP Green TPA Page 9 of 56 “Evaluation” means an evaluation in respect of the Project or the ICIP as described in Article F.1.0 (Project and ICIP Evaluations). “Event of Default” has the meaning ascribed to it in section A.12.1 (Events of Default). “Expiration Date” means the expiry date set out in Schedule “B” (Specific Information). “Federal Approval Date” means the date on which Canada has approved the Project identified in Schedule “C” (Project Description, Financial Information, Timelines, and Project Standards). “Funding Year” means: (a) in the case of the first Funding Year, the period commencing on the Effective Date and ending on the following March 31; and (b) in the case of Funding Years subsequent to the first Funding Year, the period commencing on April 1 following the end of the previous Funding Year and ending on the following March 31 or the Expiration Date, whichever comes first. “Funds” means the money the Province provides to the Recipient pursuant to the Agreement, and in any event, will not exceed the Maximum Funds. “Holdback” means the Holdback described in and to be paid in accordance with section A.4.12 (Retention of Contribution) and Article J.7.0 (Holdback). “ICIP” means the Investing in Canada Infrastructure Program, a federal infrastructure program described in the first paragraph of the “Background” to the Agreement. “Indemnified Parties” means Her Majesty the Queen in right of Ontario and Her Majesty the Queen in right of Canada, and includes their respective ministers, officers, servants, agents, appointees and employees. “Ineligible Expenditures” means the costs that are ineligible for payment under the terms and conditions of the Agreement, and that are described in Schedule “E” (Eligible Expenditures and Ineligible Expenditures). “Interest or Interest Earned” means the amount of money earned by the Recipient from placing the Funds in an interest bearing account as set out under section A.4.4 of Schedule “A” of this Agreement, and includes any and all interest or other income generated from the Funds. Page 1041 of 1156 Case #2021-07-1-1610267304 City of Niagara Falls and Ontario ICIP Green TPA Page 10 of 56 “Loss” means any cause of action, liability, loss, cost, damage, or expense (including legal, expert, and consultant fees) that anyone incurs or sustains as a result of or in connection with the Project or any part of the Agreement or the Bilateral Agreement. “Maximum Funds” means the maximum Funds amount as set out in Schedule “B” (Specific Information). “Notice” means any communication given or required to be given pursuant to the Agreement. “Ontario’s Maximum Contribution” means the maximum contribution from Ontario as set out in Schedule “C”. “Parties” means the Province and the Recipient. “Party” means either the Province or the Recipient. “Person” means, without limitation, a person, the Recipient, a Third Party, a corporation, or any other legal entity, and their officers, servants, employees, or agents. “Proceeding” means any action, claim, demand, lawsuit, or other proceeding, whether in contract, tort (including negligence), or otherwise, that anyone makes, brings, or prosecutes as a result of or in connection with the Project or any part of the Agreement or the Bilateral Agreement. “Project” means the undertaking described in Schedule “C” (Project Description, Financial Information, Timelines, and Project Standards). “Records Review” means any assessment the Province conducts pursuant to section A.7.4 (Records Review). “Remedial Period” means the period of time within which the Recipient is required to remedy an Event of Default, pursuant to paragraph A.12.3 (b), and includes any such period or periods of time by which the Province extends that time in accordance with section A.12.4 (Recipient Not Remedying). “Reports” means the reports described in Schedule “D” (Reports). “Requirements of Law” means all applicable requirements, laws, statutes, codes, acts, ordinances, approvals, orders, decrees, injunctions, by-laws, rules, regulations, official plans, permits, licences, authorizations, directions, and agreements with all Authorities, and includes the Environmental Laws. “Substantial Completion” or “Substantially Completed” means that the Project can be used for the purpose for which it was intended and, in any event, no later than Page 1042 of 1156 Case #2021-07-1-1610267304 City of Niagara Falls and Ontario ICIP Green TPA Page 11 of 56 October 31, 2026. “Term” means the period of time described in section A.3.1 (Term). “Third Party” means any person or legal entity, other than a Party, who participates in the implementation of the Project by means of a Contract. “Total Financial Assistance” means the total Project funding from all sources including, but not limited to, funding from federal, provincial, territorial, municipal, regional, band council, and Indigenous government sources; private sources; and in- kind contributions. “Transfer Payment Ontario” means the Province’s enterprise system for managing time-limited and ongoing transfer payment activities. A.2.0 REPRESENTATIONS, WARRANTIES, AND COVENANTS A.2.1 General. The Recipient represents, warrants, and covenants that, in respect of the Project: (a) it has, and will continue to have, the experience and expertise necessary to carry out the Project; (b) it is in compliance with, and will continue to comply with, all Requirements of Law related to any aspect of the Project, the Funds, or both; (c) unless otherwise provided for in the Agreement, any information the Recipient provided to the Province in support of its request for Funds (including, without limitation, any information relating to any eligibility requirements) was true and complete at the time the Recipient provided it and will continue to be true and complete; (d) the Project meets and will continue to meet all of the program’s eligibility criteria, construction conditions and the Recipient will abide by all of the Province’s and Canada’s respective requirements set out in the guidelines, including the financial, contractual and reporting requirements; (e) the Project will meet the following environmental quality outcome: Environmental Quality Outcomes: Increased access to potable water (f) if the Project meets an environmental quality outcome, once complete it will, depending on the nature of the Project: Page 1043 of 1156 Case #2021-07-1-1610267304 City of Niagara Falls and Ontario ICIP Green TPA Page 12 of 56 (i) result in wastewater effluent that meets the Wastewater Systems Effluent Regulations or provincial regulations where there is a federal equivalency agreement in place, where applicable; or (ii) result in drinking water quality that meets or exceeds provincial standards, where applicable. (g) any Funds received have not displaced, and will continue to not displace, the Recipient’s own funding and spending on public transit. A.2.2 Execution of Agreement. The Recipient represents and warrants that it has: (a) the full power and authority to enter into the Agreement; and (b) taken all necessary actions to authorize the execution of the Agreement, in a manner that is satisfactory to the Province, including passing of municipal by-law or council resolution authorizing the Recipient to enter into the Agreement, where required. A.2.3 Governance. The Recipient represents, warrants, and covenants that it has, will maintain in writing, and will follow: (a) procedures to enable the Recipient to manage Funds prudently and effectively; (b) procedures to enable the Recipient to complete the Project successfully; (c) procedures to enable the Recipient to identify risks to the completion of the Project and strategies to address the identified risks, all in a timely manner; (d) procedures to enable the preparation and submission of all Reports required pursuant to Article A.7.0 (Reporting, Accounting, and Review); and (e) procedures to enable the Recipient to address such other matters as the Recipient considers necessary to enable the Recipient to carry out its obligations under the Agreement. A.2.4 Supporting Proof. Upon the request of the Province, the Recipient will provide the Province with proof of the matters referred to in this Article A.2.0 (Representations, Warranties, and Covenants). Page 1044 of 1156 Case #2021-07-1-1610267304 City of Niagara Falls and Ontario ICIP Green TPA Page 13 of 56 A.3.0 TERM OF THE AGREEMENT AND SUBSTANTIAL COMPLETION A.3.1 Term. The term of the Agreement will commence on the Effective Date and will expire on the Expiration Date, unless terminated earlier pursuant to Article A.11.0 (Termination on Notice) or Article A.12.0 (Event of Default, Corrective Action, and Termination for Default). A.3.2 Substantial Completion. The Recipient will ensure that the Project is Substantially Completed on or before October 31, 2026. A.4.0 FUNDS AND CARRYING OUT THE PROJECT A.4.1 Funds Provided. The Province will: (a) provide the Recipient funding up to the Maximum Funds for the sole purpose of carrying out the Project; (b) provide the Funds to the Recipient in accordance with the request for payment and payment procedures provided for in Schedule “J” (Requests for Payment and Payment Procedures); and (c) deposit the Funds into an account the Recipient designates, provided that the account: (i) is at a branch of a Canadian financial institution in Ontario; and (ii) is solely in the name of the Recipient. A.4.2 Limitation on Payment of Funds. Despite section A.4.1 (Funds Provided): (a) in addition to any other limitation under the Agreement on the payment of Funds, the Province is not obligated to provide: (i) any Funds to the Recipient until the Recipient fulfils the special conditions listed in section A.31.1 (Special Conditions); and (ii) any Funds to the Recipient until the Province and Canada are satisfied with the progress of the Project; (b) the Province, at its sole discretion, may adjust the amount of Funds it provides to the Recipient based upon the Province’s assessment of the information the Recipient provides to the Province pursuant to section A.7.2 (Preparation and Submission); and (c) any payment of Funds is subject to: Page 1045 of 1156 Case #2021-07-1-1610267304 City of Niagara Falls and Ontario ICIP Green TPA Page 14 of 56 (i) the requirements of the Financial Administration Act (Ontario), including the availability of an appropriation by the Ontario Legislature that is sufficient and constitutes lawful authority for the payment; (ii) ministerial funding levels in respect of transfer payments, the program under which the Agreement was made, or otherwise that are sufficient for the payment; and (iii) Canada’s payment of funds to the Province, pursuant to the Bilateral Agreement, that are sufficient for the payment. The Province, at its sole discretion, may reduce or cancel any amount of Funds or terminate the Agreement in response to a reduction or lack of federal or provincial government appropriation, ministerial funding levels, or Canada’s payment of funds. Notwithstanding Article A.9.0 (Limitation of Liability and Indemnity), the Province will not be liable for any direct, indirect, consequential, exemplary, or punitive damages, regardless of the form of action, whether in contract or in tort (including negligence) or otherwise, arising from any reduction or cancellation of Funds. If any changes to the Agreement, including changes in respect of the Project, are required as a result, the Parties agree to amend the Agreement accordingly. A.4.3 Use of Funds and Carry Out the Project. The Recipient will, in respect of the Project, do all of the following: (a) carry out the Project in accordance with the Agreement; (b) use the Funds only for the purpose of carrying out the Project; (c) spend the Funds only on Eligible Expenditures as described in Schedule “E” (Eligible Expenditures and Ineligible Expenditures); (d) not use the Funds to cover any Ineligible Expenditure; and (e) not use the Funds to cover any Eligible Expenditure that has or will be funded or reimbursed by one or more of any third party, or ministry, department, agency, or organization of the Government of Ontario or of the Government of Canada. A.4.4 Interest-Bearing Account. If for any reason, Funds were provided to the Recipient before the Recipient’s immediate need for the Funds, the Recipient will place the Funds in an interest-bearing account solely in the name of the Recipient at a branch of a Canadian financial institution in Ontario. The Recipient will hold the Funds plus any Interest Earned in trust for the Province until the Funds are used in accordance with the Agreement. Page 1046 of 1156 Case #2021-07-1-1610267304 City of Niagara Falls and Ontario ICIP Green TPA Page 15 of 56 A.4.5 Interest. If the Recipient earns any Interest on the Funds, the Province may do either or both of the following: (a) deduct an amount equal to the Interest Earned from the remaining Funds, if any; (b) demand from the Recipient the payment of an amount equal to the Interest Earned. A.4.6 Maximum Funds and Recovery of Excesses. The Recipient acknowledges that: (a) the Funds available to it pursuant to the Agreement will not exceed the Maximum Funds; (b) if Canada’s total contribution from all federal sources in respect of the Project exceeds 40 percent of Total Eligible Expenditures, the Province may demand the return of the excess from the Recipient and the Recipient shall return the excess forthwith or the Province may reduce the remaining Funds under the Agreement by an amount equal to the excess; (c) if the Total Financial Assistance received in respect of the Project exceeds one hundred percent (100%) of Total Eligible Expenditures, the Province, at its sole discretion, may, up to the Maximum Funds, demand the return of the excess from the Recipient and the Recipient shall return the excess forthwith or the Province may reduce the remaining Funds under the Agreement by an amount equal to the excess. A.4.7 Disclosure of Other Financial Assistance. The Recipient will inform the Province promptly of any financial assistance received in respect of the Project. A.4.8 Rebates, Credits, and Refunds. The Province will, in respect of the Project, calculate Funds based on the actual costs to the Recipient to carry out the Project, less any costs (including taxes) for which the Recipient has received, will receive, or is eligible to receive, a rebate, credit, or refund. A.4.9 Recipient’s Acknowledgement of Responsibility for Project. The Recipient will, in respect of the Project, assume full responsibility for the Project, including, without limitation: (a) complete, diligent, and timely Project implementation within the costs and timelines specified in the Agreement and in accordance with all other terms and conditions of the Agreement; (b) all of the costs of the Project, including, without limitation, unapproved expenditures, Ineligible Expenditures, and cost overruns, if any; (c) subsequent operation, maintenance, repair, rehabilitation, construction, Page 1047 of 1156 Case #2021-07-1-1610267304 City of Niagara Falls and Ontario ICIP Green TPA Page 16 of 56 demolition, or reconstruction, as required and in accordance with industry standards, and any related costs for the full lifecycle of the Project; and (d) the engineering work being undertaken in accordance with industry standards. A.4.10 Increase in Project Costs. If, at any time during the Term the Recipient determines that it will not be possible to complete the Project unless it expends amounts in excess of all funding available to it (a “Shortfall”), the Recipient will immediately notify the Province of that determination. If the Recipient so notifies the Province, it will, within 30 days of a request from the Province, provide a summary of the measures that it proposes to remedy the Shortfall. If the Province is not satisfied that the measures proposed will be adequate to remedy the Shortfall, then the Province may exercise one or more of the remedies available to it pursuant to section A.12.4 (Recipient Not Remedying). A.4.11 Recipient’s Request for Payment and Payment Procedures. The Recipient agrees to submit its requests for payment in accordance with the payment procedures provided for in Schedule “J” (Requests for Payment and Payment Procedures). A.4.12 Retention of Contribution. The Province will retain 10% of the Maximum Funds in respect of the Project (“Holdback”) up until the following conditions have been met: (a) the Recipient has fulfilled all of its obligations under the Agreement for the Project; and (b) the Province has carried out the reconciliation, as set out in section J.6.1 (Final Reconciliation and Adjustments), and has made any adjustments required in the circumstances. A.5.0 RECIPIENT’S ACQUISITION OF GOODS OR SERVICES, CONTRACT PROVISIONS, AND DISPOSAL OF ASSETS A.5.1 Acquisition. The Recipient will ensure that all Contracts are awarded in way that is: (a) is fair, transparent, competitive, and consistent with value for money principles, or in a manner otherwise acceptable to the Province and Canada; and (b) if applicable, is in accordance with the Canadian Free Trade Agreement and international agreements. A.5.2 Non-Compliance with Acquisition Requirements. If the Province or Canada determines that a Contract is awarded in a manner that is not in compliance with the requirements in section A.5.1 (Acquisition), upon giving Notice to the Recipient, the Province may consider the expenditures associated with the Contract to be an Ineligible Expenditure. Page 1048 of 1156 Case #2021-07-1-1610267304 City of Niagara Falls and Ontario ICIP Green TPA Page 17 of 56 A.5.3 Exemptions to Competitive Awarding. The Province and Canada may consent to the provision of exemptions from competitive awarding of Contracts on a case-by-case basis, in their sole and absolute discretion, if the Recipient: (a) provides a written request indicating the business case rationale for the exemption, in advance of the Contract being awarded; (b) attests to: (i) following value-for-money procurement processes for materials and sub- contracts; and (ii) following its own policies and procedures. A.5.4 Contract Provisions. The Recipient will ensure that all Contracts are consistent with and incorporate the relevant provisions of the Agreement, including its insurance provisions. More specifically, but without limiting the generality of the foregoing, the Recipient agrees to include provisions in all Contracts to ensure: (a) that proper and accurate accounts and records are kept and maintained as described in the Agreement including, but not limited to, in paragraph A.7.3(a); (b) that all applicable Requirements of Law including, without limitation, labour and human rights legislation, are complied with; and (c) that the Contract secures the respective rights of the Province and Canada, and any authorized representative or independent auditor identified by the Province or Canada, and the Auditor General of Ontario and the Auditor General of Canada to: (i) inspect and audit the terms of any Contract, record or account in respect of the Project; and (ii) have free and timely access to the Project sites and facilities, and any records, documentation or information, as contemplated pursuant to section A.7.5 (Inspection and Removal). A.5.5 Disposal of Assets. The Recipient will not, unless in accordance with the terms and conditions set out in Schedule “H” (Disposal of Assets), sell, lease, encumber, or otherwise dispose, directly or indirectly, of any Asset. A.6.0 CONFLICT OF INTEREST A.6.1 Conflict of Interest Includes. For the purposes of this Article A.6.0 (Conflict of Interest), a conflict of interest includes any circumstances where: Page 1049 of 1156 Case #2021-07-1-1610267304 City of Niagara Falls and Ontario ICIP Green TPA Page 18 of 56 (a) the Recipient or any person who has the capacity to influence the Recipient’s decisions has outside commitments, relationships, or financial interests that could, or could be seen by a reasonable person to interfere with the Recipient’s objective, unbiased, and impartial judgment in respect of the Project or the use of the Funds, or both; or (b) a former public servant or public office holder to whom any post-employment, ethics and conflict of interest legislation, guidelines, codes, or policies of Canada apply will derive a direct benefit from the Agreement, unless the provision or receipt of such benefits complies with such legislation, guidelines, policies, or codes. A.6.2 No Conflict of Interest. The Recipient will carry out the Project and use the Funds without an actual, potential, or perceived conflict of interest unless: (a) the Recipient: (i) provides Notice to the Province disclosing the details of the actual, potential, or perceived conflict of interest; and (ii) requests the consent of the Province to carry out the Project with an actual, potential, or perceived conflict of interest; (b) the Province consents in writing to the Recipient carrying out the Project with an actual, potential, or perceived conflict of interest; and (c) the Recipient complies with any terms and conditions the Province may prescribe in its consent. A.7.0 REPORTING, ACCOUNTING, AND REVIEW A.7.1 Province and Canada Include. For the purpose of sections A.7.4 (Records Review), A.7.5 (Inspection and Removal) and A.7.6 (Cooperation), “Province” includes Canada and any auditor or representative that the Province or Canada, or both, may identify. A.7.2 Preparation and Submission. The Recipient will: (a) submit to the Province at the address referred to in section A.15.1 (Notice in Writing and Addressed): (i) all Reports in accordance with the timelines and content requirements provided for in Schedule “D” (Reports); and (ii) any other reports in accordance with any timelines and content Page 1050 of 1156 Case #2021-07-1-1610267304 City of Niagara Falls and Ontario ICIP Green TPA Page 19 of 56 requirements the Province may specify from time to time; and (b) ensure that all Reports and other reports are: (i) completed to the satisfaction of the Province; and (ii) signed by an authorized signing officer of the Recipient. A.7.3 Record Maintenance. The Recipient will keep and maintain for a period of seven years after the Expiration Date: (a) proper and accurate financial accounts and records, kept in a manner consistent with generally accepted accounting principles, including but not limited to its contracts, invoices, statements, receipts, and vouchers and any other evidence of payment relating to the Funds or otherwise to the Project; and (b) all non-financial records and documents relating to the Funds or otherwise to the Project. A.7.4 Records Review. The Province, at its sole discretion and expense, may, upon 24 hours’ Notice to the Recipient and during normal business hours, enter upon the Recipient’s premises to conduct an audit or investigation of the Recipient or the Project regarding the Recipient’s compliance with the Agreement, including assessing any of the following: (a) the truth of any of the Recipient’s representations and warranties; (b) the progress of the Project; or (c) the Recipient’s allocation and expenditure of the Funds. A.7.5 Inspection and Removal. For the purposes of any Records Review, the Province may take one or more of the following actions: (a) inspect and copy any records or documents referred to in section A.7.3 (Record Maintenance); (b) remove any copies the Province makes pursuant to section A.7.5(a); and (c) share any documents, records and findings with Canada. A.7.6 Cooperation. To assist the Province in respect of its rights provided for in section A.7.5 (Inspection and Removal), the Recipient will cooperate with the Province by: (a) ensuring that the Province has access to the records and documents wherever they are located; Page 1051 of 1156 Case #2021-07-1-1610267304 City of Niagara Falls and Ontario ICIP Green TPA Page 20 of 56 (b) coordinating access with any Third Party; (c) assisting the Province to copy the records and documents; (d) providing to the Province, in the form the Province specifies, any information the Province identifies; and (e) carrying out any other activities the Province requests. A.7.7 No Control of Records. No provision of the Agreement will be construed so as to give the Province or Canada, or both, any control whatsoever over the Recipient’s records. A.7.8 Auditor General (Ontario and Canada). The Province’s rights under this Article A.7.0 (Reporting, Accounting, and Review) are in addition to any rights provided to the Auditor General of Ontario pursuant to section 9.2 of the Auditor General Act (Ontario) and to the Auditor General of Canada pursuant to section 7.1 of the Auditor General Act (Canada). A.7.9 Sharing of Audit Findings and Reports. The Recipient acknowledges that Canada and the Province may: (a) inform each other, and any of their respective authorized representatives and auditors, that an audit is being conducted; and (b) share the findings of any audit or investigation, including any ensuing report, with each other and any of their respective authorized representatives and auditors. A.7.10 Evaluation. The Recipient agrees to participate in any Evaluation and comply with the requirements for such Evaluation that are set out in Schedule “F” (Evaluation). A.7.11 Calculations. The Recipient will make all calculations and prepare all financial data to be submitted in accordance with the generally accepted accounting principles in effect in Canada. These will include, without limitation, those principles and standards approved or recommended from time to time by the Chartered Professional Accountants of Canada or the Public Sector Accounting Board, as applicable, or any successor institute, applied on a consistent basis. A.7.12 Adverse Fact or Event. The Recipient will inform the Province immediately of any fact or event of which it is aware that has or will compromise, wholly or in part, the Project. A.8.0 COMMUNICATIONS REQUIREMENTS A.8.1 Communications Protocol. The Parties agree to be bound by the terms and conditions of the communications protocol provided for in Schedule “G” (Communications Protocol). Page 1052 of 1156 Case #2021-07-1-1610267304 City of Niagara Falls and Ontario ICIP Green TPA Page 21 of 56 A.9.0 LIMITATION OF LIABILITY AND INDEMNITY A.9.1 Province and Canada Limitation of Liability. In no event will any of the Indemnified Parties be held liable for any damages, including direct, indirect, consequential, exemplary, or punitive damages, regardless of the form of action, whether in contract, tort (including negligence), or otherwise, for: (a) any injury to any Person, including, but not limited to, death, economic loss, or infringement of rights; (b) any damage to or loss or destruction of property of, any Person; or (c) any obligation of any Person, including, but not limited to, any obligation arising from a loan, capital lease, or other long-term obligation in relation to the Agreement, the Bilateral Agreement, or the Project. A.9.2 Indemnification of the Province and Canada. The Recipient will indemnify and hold harmless the Indemnified Parties from and against any Loss and any Proceeding based upon or occasioned by: (a) any injury to any Person, including, but not limited to, death, economic loss, or any infringement of rights; (b) any damage to, or loss or destruction of, property of any Person; or (c) any obligation of any Person, including, but not limited to, any obligation arising from a loan, capital lease, or other long-term obligation, except to the extent to which such Loss or Proceeding is caused by the negligence or wilful misconduct of any Indemnified Party in the performance of that Indemnified Party’s duties. A.9.3 Recipient’s Participation. The Recipient will, at its expense, to the extent requested by the Province or Canada, or both, participate in or conduct the defence of any Proceeding against any of the Indemnified Parties and any negotiations for their settlement. A.9.4 Province’s Election. The Province or Canada, or both, may elect to participate in, or conduct the defence of, any Proceeding by providing Notice to the Recipient of such election, without prejudice to any other rights or remedies of the Province under the Agreement or of the Province or Canada under the Bilateral Agreement, at law or in equity. If the Province, Canada, or the Recipient, as applicable, participates in the defence, it will do so by actively participating with the other’s counsel. A.9.5 Settlement Authority. The Recipient will not enter into a settlement of any Page 1053 of 1156 Case #2021-07-1-1610267304 City of Niagara Falls and Ontario ICIP Green TPA Page 22 of 56 Proceeding against any of the Indemnified Parties unless the Recipient has obtained from the Province or Canada, as applicable, prior written approval or a waiver of this requirement. If the Recipient is requested by the Province or Canada to participate in or conduct the defence of any Proceeding, the Province or Canada, as applicable, will cooperate with and assist the Recipient to the fullest extent possible in the Proceeding and any related settlement negotiations. A.9.6 Recipient’s Cooperation. If the Province or Canada conducts the defence of any Proceeding, the Recipient will cooperate with and assist the Province or Canada, as applicable, to the fullest extent possible in the Proceeding and any related settlement negotiations. A.10.0 INSURANCE A.10.1 Recipient’s Insurance. The Recipient represents, warrants, and covenants that it has, and will maintain at its own cost and expense for a period extending at least 90 Business Days beyond the Term, with insurers having a secure A.M. Best rating of B+ or greater, or the equivalent, all the necessary and appropriate insurance that a prudent person carrying out a project similar to the Project would maintain, including commercial general liability insurance on an occurrence basis for third party bodily injury, personal injury, and property damage, to an inclusive limit of not less than $2,000,000.00 per occurrence, and including products and completed operations coverage with the endorsements identified below: (a) the Indemnified Parties as additional insureds in respect of liability arising in the course of performance of the Recipient’s obligations under, or otherwise in connection with, the Agreement; (b) a cross-liability clause; (c) contractual liability coverage; and (d) a 30-day written notice of cancellation. A.10.2 Proof of Insurance. At the request of the Province from time to time, the Recipient will: (a) provide to the Province, either: (i) annually, certificates of insurance that confirm the insurance coverage as provided in section A.10.1 (Recipient’s Insurance); or (ii) other proof that confirms the insurance coverage as provided for in section A.10.1 (Recipient’s Insurance); and Page 1054 of 1156 Case #2021-07-1-1610267304 City of Niagara Falls and Ontario ICIP Green TPA Page 23 of 56 (b) at the Province’s request, the Recipient will provide to the Province a copy of any of the Recipient’s insurance policies that relate to the Project or otherwise to the Agreement or both. A.11.0 TERMINATION ON NOTICE A.11.1 Termination on Notice. The Province may terminate the Agreement at any time without liability, penalty, or costs upon giving at least 30 days’ Notice to the Recipient. A.11.2 Consequences of Termination on Notice by the Province. If the Province terminates the Agreement pursuant to section A.11.1 (Termination on Notice), the Province may take one or more of the following actions: (a) Direct the Recipient not to incur any further costs for the Project subsequent to the Notice of termination. If the Recipient fails to comply with such direction and unless with the Province’s prior written consent, the Recipient shall be solely responsible for any further costs incurred after such Notice was given; (b) cancel all further instalments of Funds; and (c) demand the payment of any Funds plus any Interest Earned remaining in the possession or under the control of the Recipient. A.12.0 EVENT OF DEFAULT, CORRECTIVE ACTION, AND TERMINATION FOR DEFAULT A.12.1 Events of Default. It will constitute an Event of Default if, in the opinion of the Province, the Recipient breaches any representation, warranty, covenant, or other material term of the Agreement, including: (a) failing to carry out the Project in whole or in part in accordance with the terms of the Agreement; (b) failing to use or spend Funds in accordance with the terms of the Agreement; (c) failing to provide, in accordance with section A.7.2 (Preparation and Submission), Reports or such other reports as the Province may have requested pursuant to the Agreement); (d) the Recipient’s operations, its financial condition, its organizational structure or its control changes such that it no longer meets one or more of the eligibility requirements of the program under which the Province provides the Funds; (e) the Recipient makes an assignment, proposal, compromise, or arrangement for Page 1055 of 1156 Case #2021-07-1-1610267304 City of Niagara Falls and Ontario ICIP Green TPA Page 24 of 56 the benefit of creditors, or a creditor makes an application for an order adjudging the Recipient bankrupt, or applies for the appointment of a receiver; or (f) the Recipient ceases to operate. A.12.2 Consequences of Events of Default and Corrective Action. If an Event of Default occurs, the Province may, at any time, and at its sole discretion, take one or more of the following actions: (a) initiate any action the Province considers necessary in order to facilitate the successful continuation or completion of the Project; (b) provide the Recipient with an opportunity to remedy the Event of Default; (c) suspend the payment of Funds for such period as the Province determines appropriate; (d) reduce the amount of the Funds; (e) cancel all further instalments of Funds; (f) demand from the Recipient the payment of any Funds plus any Interest Earned remaining in the possession or under the control of the Recipient; (g) demand from the Recipient the payment of an amount equal to any Funds the Recipient used, but did not use in accordance with the Agreement; (h) demand from the Recipient the repayment of an amount equal to any Funds the Province provided to the Recipient; (i) demand from the Recipient an amount equal to the costs the Province incurred or incurs to enforce its rights under the Agreement, including the costs of any Records Review and the costs it incurs to collect any amounts the Recipient owes to the Province; and (j) terminate the Agreement at any time, including immediately, without liability, penalty, or costs to the Province upon giving Notice to the Recipient. A.12.3 Opportunity to Remedy. If, in accordance with paragraph A.12.2(b), the Province provides the Recipient with an opportunity to remedy the Event of Default, the Province will provide Notice to the Recipient of: (a) the particulars of the Event of Default; and (b) the Remedial Period. Page 1056 of 1156 Case #2021-07-1-1610267304 City of Niagara Falls and Ontario ICIP Green TPA Page 25 of 56 A.12.4 Recipient Not Remedying. If the Province provided the Recipient with an opportunity to remedy the Event of Default pursuant to paragraph A.12.2(b), and: (a) the Recipient does not remedy the Event of Default within the Remedial Period; (b) it becomes apparent to the Province that the Recipient cannot completely remedy the Event of Default within the Remedial Period; or (c) the Recipient is not proceeding to remedy the Event of Default in a way that is satisfactory to the Province, the Province may extend the Remedial Period or initiate any one or more of the actions provided for in paragraphs A.12.2(a), (c), (d), (e), (f), (g), (h), (i) and (j). A.12.5 When Termination Effective. Termination under this Article A.12.0 (Event of Default, Corrective Action, and Termination for Default) will take effect as provided for in the Notice. A.13.0 FUNDS UPON EXPIRY A.13.1 Funds Upon Expiry. The Recipient will, upon expiry of the Agreement, pay to the Province any Funds plus Interest Earned remaining in its possession, under its control, or both. A.14.0 DEBT DUE AND PAYMENT A.14.1 Payment of Overpayment. If at any time the Province provides Funds in excess of the amount the Recipient is entitled to under the Agreement, the Province may: (a) deduct an amount equal to the excess Funds plus any Interest Earned from any further instalments of Funds; or (b) demand that the Recipient pay to the Province an amount equal to the excess Funds plus any Interest Earned. A.14.2 Debt Due. If, pursuant to the Agreement: (a) the Province demands from the Recipient the payment of any Funds, an amount equal to any Funds, or any other amounts owing under the Agreement; or (b) the Recipient owes to the Province any Funds, an amount equal to any Funds, or any other amounts under the Agreement, whether or not the Province has demanded their payment, Page 1057 of 1156 Case #2021-07-1-1610267304 City of Niagara Falls and Ontario ICIP Green TPA Page 26 of 56 such amounts will be deemed to be debts due and owing to the Province by the Recipient, and the Recipient will pay the amounts to the Province immediately, unless the Province directs otherwise. A.14.3 Interest Rate. The Province may charge the Recipient interest on any money owing to the Province by the Recipient under the Agreement at the then-current interest rate charged by the Province of Ontario on accounts receivable. A.14.4 Payment of Money to Province. The Recipient will pay any money owing to the Province by cheque payable to the “Ontario Minister of Finance” and delivered to the Province at the address set out in Schedule “B” (Specific Information) for the purposes of Notice to the Province. A.14.5 Failure to Repay. Without limiting the application of section 43 of the Financial Administration Act (Ontario), if the Recipient fails to pay any amount owing under the Agreement, Her Majesty the Queen in right of Ontario may deduct any unpaid amount from any money payable to the Recipient by Her Majesty the Queen in right of Ontario. A.15.0 NOTICE A.15.1 Notice in Writing and Addressed. Notice will be: (a) in writing; (b) delivered by email, postage-prepaid mail, personal delivery, or courier; and (c) addressed to the Province and the Recipient as set out in Schedule “B” (Specific Information), or as either Party later designates to the other by Notice. A.15.2 Notice Given. Notice will be deemed to have been given: (a) in the case of postage-prepaid mail, five Business Days after the Notice is delivered; and (b) in the case of email, personal delivery, or courier, on the date on which the Notice is delivered. A.15.3 Postal Disruption. Despite paragraph A.15.2(a), in the event of a postal disruption: (a) Notice by postage-prepaid mail will not be deemed to be given; and (b) the Party giving Notice will provide Notice by email, personal delivery, or courier. Page 1058 of 1156 Case #2021-07-1-1610267304 City of Niagara Falls and Ontario ICIP Green TPA Page 27 of 56 A.16.0 CONSENT BY PROVINCE OR CANADA AND COMPLIANCE BY RECIPIENT A.16.1 Consent. When the Province or Canada provides its consent pursuant to the Agreement: (a) it will do so by Notice; (b) it may attach any terms and conditions to the consent; and (c) the Recipient may rely on the consent only if the Recipient complies with any terms and conditions the Province or Canada may have attached to the consent. A.17.0 SEVERABILITY OF PROVISIONS A.17.1 Invalidity or Unenforceability of Any Provision. The invalidity or unenforceability of any provision of the Agreement will not affect the validity or enforceability of any other provision of the Agreement. A.18.0 WAIVER A.18.1 Waiver Request. Either Party may, by Notice, ask the other Party to waive an obligation under the Agreement. A.18.2 Waiver Applies. If in response to a request made pursuant to section A.18.1 (Waiver Request) a Party consents to a waiver, the waiver will: (a) be valid only if the Party that consents to the waiver provides the consent by Notice; and (b) apply only to the specific obligation referred to in the waiver. A.18.3 Waivers in Writing. If a Party fails to comply with any term of the Agreement, that Party may only rely on a waiver of the other Party if the other Party has provided a written waiver in accordance with the Notice provisions in Article A.15.0 (Notice). Any waiver must refer to a specific failure to comply and will not have the effect of waiving any subsequent failures to comply. A.19.0 INDEPENDENT PARTIES A.19.1 Parties Independent. The Recipient is not an agent, joint venturer, partner, or employee of either the Province or Canada, and the Recipient will not represent itself in any way that might be taken by a reasonable person to suggest that it is, or take any actions that could establish or imply such a relationship. Page 1059 of 1156 Case #2021-07-1-1610267304 City of Niagara Falls and Ontario ICIP Green TPA Page 28 of 56 A.19.2 No Authority to Represent. Nothing in the Agreement is to be construed as authorizing any Person, including a Third Party, to contract for or to incur any obligation on behalf of the Province or Canada, or both, or to act as an agent for the Province or Canada. The Recipient will take the necessary action to ensure that any Contract between the Recipient and a Third Party contains a provision to that effect. A.20.0 ASSIGNMENT OF AGREEMENT OR FUNDS A.20.1 No Assignment. The Recipient will not, without the prior written consent of the Province, assign any of its rights or obligations under the Agreement. A.20.2 Agreement Binding. All rights and obligations contained in the Agreement will extend to and be binding on: (a) the Recipient’s successors and permitted assigns; and (b) the successors to Her Majesty the Queen in right of Ontario. A.21.0 GOVERNING LAW A.21.1 Governing Law. The Agreement and the rights, obligations, and relations of the Parties will be governed by and construed in accordance with the laws of the Province of Ontario and the applicable federal laws of Canada. Any actions or proceedings arising in connection with the Agreement will be conducted in the courts of Ontario, which will have exclusive jurisdiction over such proceedings. A.22.0 FURTHER ASSURANCES A.22.1 Agreement into Effect. The Recipient will: (a) provide such further assurances as the Province may request from time to time in respect to any matter to which the Agreement pertains; and (b) do or cause to be done all acts or things necessary to implement and carry into effect the terms and conditions of the Agreement to their full extent. A.23.0 JOINT AND SEVERAL LIABILITY A.23.1 Joint and Several Liability. Where the Recipient is comprised of more than one entity, each entity will be jointly and severally liable to the Province for the fulfillment of the obligations of the Recipient under the Agreement. Page 1060 of 1156 Case #2021-07-1-1610267304 City of Niagara Falls and Ontario ICIP Green TPA Page 29 of 56 A.24.0 RIGHTS AND REMEDIES CUMULATIVE & JOINT AUTHORSHIP A.24.1 Rights and Remedies Cumulative. The rights and remedies of the Province under the Agreement are cumulative and are in addition to, and not in substitution for, any of its rights and remedies provided by law or in equity. A.24.2 Joint Authorship Of Agreement. Each and every provision of this Agreement shall be construed as though both Parties participated equally in the drafting of same, and any rule of construction that a document shall be construed against the drafting party, including without limitation, the doctrine commonly known as contra proferentem, shall not be applicable to this Agreement. The Parties shall not seek to avoid a provision herein because of its authorship through recourse to a third-party, court, tribunal or arbitrator. A.25.0 FAILURE TO COMPLY WITH OTHER AGREEMENTS A.25.1 Other Agreements. If the Recipient: (a) has failed to comply with any term, condition, or obligation under any other agreement with Her Majesty the Queen in right of Ontario or one of Her agencies (a “Failure”); (b) has been provided with notice of such Failure in accordance with the requirements of such other agreement; (c) has, if applicable, failed to rectify such Failure in accordance with the requirements of such other agreement; and (d) such Failure is continuing, the Province, at its sole discretion, may suspend the payment of Funds for such period as the Province determines appropriate and may demand immediate repayment or deduct such amounts owing plus any Interest Earned from the remaining Funds, if any, as a result of such Failure. A.26.0 SURVIVAL A.26.1 Survival. Any rights and obligations of the Parties that, by their nature, extend beyond the termination of the Agreement will continue in full force and effect for a period of seven years from the date of expiry or termination of the Agreement. Surviving provisions include, without limitation, the following Articles, sections and paragraphs, Page 1061 of 1156 Case #2021-07-1-1610267304 City of Niagara Falls and Ontario ICIP Green TPA Page 30 of 56 and all applicable cross-referenced Articles, sections, paragraphs, schedules, and sub- schedules: Articles 1.0 (Entire Agreement), 2.0 (Conflict or Inconsistency), 5.1 (Acknowledgement from Recipient), 6.0 (Canada’s Rights and Information Sharing with Canada), A.1.0 (Interpretation and Definitions) and any other applicable definitions, A.2.0 (Representations, Warranties, and Covenants), A. 4.1(c), A.4.2(c), sections A.4.4 (Interest-Bearing Account), A.4.5 (Interest), A.4.6 (Maximum Funds and Recovery of Excesses), A.4.8 (Rebates, Credits, and Refunds), A.4.9 (Recipient’s Acknowledgement of Responsibility for Project), A.5.5 (Disposal of Assets), A.7.1 (Province and Canada Include), A.7.2 (Preparation and Submission) (to the extent that the Recipient has not provided the Reports or other reports as may have been requested to the satisfaction of the Province), A.7.3 (Record Maintenance), A.7.4 (Records Review), A.7.5 (Inspection and Removal), A.7.6 (Cooperation), A.7.7 (No Control of Records), A.7.8 (Auditor General (Ontario and Canada)), A.7.9 (Sharing of Audit Findings and Reports), A.7.10 (Evaluation), A.7.11 (Calculations), Articles A.8.0 (Communications Requirements), A.9.0 (Limitation of Liability and Indemnity), A.10.1 (for a period extending 90 Business Days beyond the Term), sections A.11.2 (Consequences of Termination on Notice by the Province), A.12.1 (Events of Default), paragraphs A.12.2(d), (e), (f), (g), (h) and (i), A.13.0 (Funds Upon Expiry), A.14.0 (Debt Due and Payment), A.15.0 (Notice), and A.17.0 (Severability of Provisions), section A.20.2 (Agreement Binding), and Articles A.21.0 (Governing Law), A.23.0 (Joint and Several Liability), A.24.0 (Rights and Remedies Cumulative & Joint Authorship), A.26.0 (Survival), A.27.0 (Environmental Requirements and Assessments), A.28.0 (Aboriginal Consultation), and A.31.0 (Special Conditions). A.27.0 ENVIRONMENTAL REQUIREMENTS AND ASSESSMENTS A.27.1 Federal Environmental Requirements. Without limitation to the Recipient’s obligations to comply with Environmental Laws and for greater clarity: (a) no site preparation, removal of vegetation or construction will occur in respect of the Project; and (b) the Province will have no obligation to pay any Eligible Expenditures that are capital costs, as determined by the Province, until Canada is satisfied that federal requirements are met, and continue to be met, under the following: (i) Canadian Environmental Assessment Act, 2012 or the Impact Assessment Act; (ii) other applicable environmental assessment legislation that is or may come into force during the term of the Agreement; and (iii) other applicable agreements between Canada and Aboriginal Communities. A.27.2 Assessments. The Recipient will complete the assessments that are further described in Schedule “D” (Reports). Page 1062 of 1156 Case #2021-07-1-1610267304 City of Niagara Falls and Ontario ICIP Green TPA Page 31 of 56 A.28.0 ABORIGINAL CONSULTATION A.28.1 Aboriginal Consultation Protocol. The Parties agree to be bound by the terms and conditions of the Aboriginal Consultation Protocol provided for in Schedule “I” (Aboriginal Consultation Protocol). A.28.2 Legal Duty to Consult. Until Canada and, if applicable, the Province are satisfied that any legal duty to consult and, where appropriate, to accommodate Aboriginal Communities, or any other federal consultation requirement, has been, and continues to be met: (a) no site preparation, removal of vegetation or construction will occur in respect of the Project; and (b) despite section A.4.1, the Province has no obligation to pay any Eligible Expenditures that are capital costs, as determined by the Province and Canada; and, for the Project requiring consultation, Canada and, if applicable, the Province must be satisfied that: (i) Aboriginal Communities have been notified and, if applicable, consulted; (ii) where consultation has occurred, the Recipient has provided a summary of consultation or engagement activities, including a list of Aboriginal Communities consulted, concerns raised, and how each of the concerns have been addressed or, if not addressed, an explanation as to why not; (iii) the Recipient is carrying out accommodation measures, where appropriate; and (iv) any other information has been provided which Canada or the Province, or both, may deem appropriate. A.28.3 Funding Conditional upon Meeting Aboriginal Consultation Obligations. No Funds will be provided to the Recipient under the Agreement unless Canada and, if applicable in the opinion of the Province, the Province are satisfied that their respective obligations have been met in respect of the legal duty to consult and, if applicable, accommodate any Aboriginal Community. A.29.0 COMMITTEE A.29.1 Establishment of Committee. The Province may, at its sole discretion, require the establishment of a committee to oversee the Agreement (the “Committee”). A.29.2 Notice of Establishment of Committee. Upon Notice from the Province, the Parties Page 1063 of 1156 Case #2021-07-1-1610267304 City of Niagara Falls and Ontario ICIP Green TPA Page 32 of 56 will hold an initial meeting to establish, in accordance with Schedule “K” (Committee), the Committee described in section A.29.1 (Establishment of Committee). A.30.0 DISPUTE RESOLUTION A.30.1 Contentious Issues. The Parties will keep each other informed of any issues that could be contentious. A.30.2 Examination by the Committee and Parties. If a contentious issue arises and a Committee has been established under section A.29.1 (Establishment of Committee), the Parties will refer the contentious issue that may arise to the Committee for examination. In the absence of a Committee, the Parties will examine the contentious issue. A.30.3 Potential Dispute Resolution by Committee. The Committee or the Parties, as the case may be, will attempt, reasonably and in good faith, to resolve disputes as soon as possible and, in any event, within, for the Committee, 30 days, or, for the Parties, 90 days of receiving Notice of a contentious issue. A.30.4 Dispute Resolution by the Parties. If the Committee cannot agree on a resolution, the matter will be referred to the Parties for resolution. The Parties will provide a decision within 60 Business Days of the Notice. A.30.5 Alternative Mechanisms for Dispute Resolutions. Where the Parties cannot agree on a resolution, the Parties may use any alternative dispute resolution mechanisms available to them to resolve the issue. A.30.6 Suspension of Payments. The Province may suspend any payments related to any contentious issue or dispute raised by either Party, together with the obligations related to such issue, pending resolution. A.31.0 SPECIAL CONDITIONS A.31.1 Special Conditions. The Province’s funding under the Agreement is conditional upon, (a) on or before the Effective Date, the Recipient having provided the Province with, to the Province’s satisfaction: (i) any and all compliance attestations the Transfer Payment Ontario System if directed by the Province; (ii) evidence that the Recipient is in compliance with all provincial and federal tax laws, if directed by the Province; Page 1064 of 1156 Case #2021-07-1-1610267304 City of Niagara Falls and Ontario ICIP Green TPA Page 33 of 56 (iii) banking information, such as a void cheque or a bank letter, for an interest- bearing account in the name of the Recipient at a Canadian financial institution, into which the Province may transfer funds electronically; and (iv) any other Reports requested by the Province in the format specified. (b) prior to submitting a request for payment in respect of the Project under the Agreement if required by the Province, (i) the Recipient having provided to the satisfaction of the Province with written confirmation that: a. the Recipient is in compliance with all Environmental Laws, including the Recipient’s obligations under section A.27.1 (Federal Environmental Requirements), and has obtained all necessary approvals and permits; b. the Recipient has met any requirements under Article A.28.0 (Aboriginal Consultation) that may apply to the Project; and c. the Recipient has the necessary ownership of any real property required for the completion of the Project; and (ii) the Recipient having provided to the satisfaction of the Province with any required assessments pursuant to Article A.27.0 (Environmental Requirements and Assessments); and (c) where the Recipient is a municipality, the Recipient having submitted to the satisfaction of the Province, in a form and at an address supplied by the Province, an asset management self-assessment on or before the Effective Date, and, thereafter on or before a date provided by the Province, until the Project reaches Substantial Completion. For greater certainty, if the Province provides any Funds to the Recipient before the conditions set out in this Article A.31.0 (Special Conditions) have been met, and unless the Province has waived compliance with such condition in writing, the Province may exercise one or more of the remedies available to it pursuant to section A.12.2 (Consequences of Event of Default and Corrective Action). END OF GENERAL TERMS AND CONDITIONS [SCHEDULE “B” – SPECIFIC INFORMATION FOLLOWS] Page 1065 of 1156 Case #2021-07-1-1610267304 City of Niagara Falls and Ontario ICIP Green TPA Page 34 of 56 SCHEDULE “B” SPECIFIC INFORMATION B.1.0 EXPIRATION DATE B.1.1 Expiration date. The Expiration Date is March 31, 2028. B.2.0 MAXIMUM FUNDS B.2.1 Maximum Funds. Maximum Funds means the sum of Canada’s Maximum Contribution and Ontario’s Maximum Contribution. B.3.0 ADDRESSEES B.3.1 Addressees. All Reports and Notices under the Agreement will be submitted to the Province at the address listed below: Contact information for the purposes of Notice to the Province Address: Ministry of Infrastructure Infrastructure Program Delivery Branch 1 Stone Road West, 4NW Guelph, Ontario N1G 4Y2 Attention: Manager, Infrastructure Renewal Programs Email: ICIPGreen@ontario.ca Contact information for the purposes of Notice to the Recipient Address: City Of Niagara Falls 4310 Queen Street, Niagara Falls, Ontario L2E6X5 Attention: Project Manager Email: skizlan@niagarafalls.ca [SCHEDULE “C” - PROJECT DESCRIPTION, FINANCIAL INFORMATION, TIMELINES AND PROJECT STANDARDS FOLLOWS] Page 1066 of 1156 Case #2021-07-1-1610267304 City of Niagara Falls and Ontario ICIP Green TPA Page 35 of 56 SCHEDULE “C” PROJECT DESCRIPTION, FINANCIAL INFORMATION, TIMELINES AND PROJECT STANDARDS C.1.0 PROJECT DESCRIPTION This project will replace approximately 2,535 meters of watermain in the Stanley Avenue Business Park in the City of Niagara Falls. The work will include replacing ductile iron watermains and related appurtenances including but not limited to approximately 74 service connections and approximately 20 hydrants. Affected right-of-way, curbs, gutters, sidewalks and affected driveways will be reinstated. C.2.0 FINANCIAL INFORMATION C.2.1 Total Eligible Expenditures. Total Eligible Expenditures means $4,406,250.00, rounded to two decimal places. C.2.2 Ontario’s Maximum Contribution. Ontario’s Maximum Contribution means $1,468,603.13, rounded to two decimal places, towards the Total Eligible Expenditures of the Project. C.2.3 Canada’s Maximum Contribution. Canada’s Maximum Contribution means $1,762,500.00, rounded to two decimal places, towards the Total Eligible Expenditures of the Project. C.2.4 Percentage of Provincial Support. Percentage of Provincial Support means 33.33%, rounded to two decimal places, towards the Total Eligible Expenditures of the Project. C.2.5 Percentage of Federal Support. Percentage of Federal Support 40.00%, rounded to two decimal places, towards the Total Eligible Expenditures of the Project. C.3.0 TIMELINES C.3.1 Federal Approval Date. Federal Approval Date means March 02, 2022. C.4.0 PROJECT STANDARDS C.4.1 Canada’s Requirements for Standards. In addition to any other standards that the Recipient must meet or exceed for the Project, the Recipient will ensure the Project meets or exceeds the following: (a) any applicable energy efficiency standards for buildings outlined in Canada’s Page 1067 of 1156 Case #2021-07-1-1610267304 City of Niagara Falls and Ontario ICIP Green TPA Page 36 of 56 Pan-Canadian Framework on Clean Growth and Climate Change provided by Canada at www.canada.ca/en/services/environment/weather/climatechange/pan- canadian-framework.html, or at any other location the Province may provide; and (b) the accessibility requirements of the highest accessibility standards published in Ontario, in addition to accessibility requirements in applicable provincial building codes and relevant municipal by-laws. C.5.0 CHANGES TO THE PROJECT DESCRIPTION, FINANCIAL INFORMATION, TIMELINES, AND PROJECT STANDARDS C.5.1 Province’s and Canada’s Consent. Any change to the Project will require the Province’s and Canada’s consent. When seeking to make a change in respect of the Project, the Recipient will submit updated Project information and any other information that the Province or Canada, or both, may require to the satisfaction of Canada and the Province. [SCHEDULE “D” – REPORTS FOLLOWS] Page 1068 of 1156 Case #2021-07-1-1610267304 City of Niagara Falls and Ontario ICIP Green TPA Page 37 of 56 SCHEDULE “D” REPORTS D.1.0 REPORTING REQUIREMENTS D.1.1 Reports. The Recipient will submit all Reports to the Province in a manner, format, at such dates and with such content, as may be prescribed by the Province from time to time, at its sole discretion, prior to its required submission by the Province. Without limitation and at the sole discretion of the Province, Reports will include the following: (a) Initial Report. The Initial Report will provide the Recipient’s forecast of the timelines and costs (expenditure forecast) to completion. It also outlines the sources of Recipient funds and confirms other information regarding the Project. (b) Progress Reports. Progress Reports include an update on the Project’s status. Progress Reports will be submitted by the Recipient no less frequently than twice a year on dates provided by the Province. (c) Claim Reports. Claim Reports will detail amounts that are being claimed for reimbursement. Claim Reports may be submitted by the Recipient as frequently as needed, but no less frequently than twice a year (if Eligible Expenditures have been incurred). If no Eligible Expenditures have been incurred in the previous six months, the Recipient will notify the Province that no Claim Report is being submitted for that period. When submitting a Claim Report, the report must include a detailed breakdown of invoices that are being claimed for reimbursement. Note that copies of invoices and any associated backup information must be provided at the time of claim submission, as directed by the Province. (d) Final Report. The Final Report shall summarize the Project’s final timelines, costs, and outcomes. It will include a declaration of Substantial Completion. The Final Report will be submitted to the Province within sixty (60) Business Days of Substantial Completion or December 31, 2026, whichever is earlier. (e) Other Reports. Any other reports that the Province so directs on or before such date and with such content as the Province requests. Page 1069 of 1156 Case #2021-07-1-1610267304 City of Niagara Falls and Ontario ICIP Green TPA Page 38 of 56 D.2.0 ABORIGINAL CONSULTATION RECORD D.2.1 Inclusion of Aboriginal Consultation Record. The Recipient will include an updated Aboriginal Consultation Record, if consultation with any Aboriginal Community is required, in its Progress Report. D.3.0 RISK ASSESSMENT D.3.1 Further Details on Risk Assessment. Upon the Province’s written request and within the timelines set out by the Province, the Recipient will provide further details on the risk assessment in respect of the Project. D.4.0 COMPLIANCE AUDIT(S) D.4.1 Compliance Audit(s). Without limiting the generality of section A.7.4 (Records Review), if requested by the Province from time to time, which request shall be at the Province’s sole discretion, the Recipient, at its own expense, will forthwith retain an independent third party auditor to conduct one or more compliance audits of the Recipient or the Project. The audit will be conducted in accordance with Canadian Generally Accepted Auditing Standards, as adopted by the Canadian Institute of Chartered Accountants, applicable as of the date on which a record is kept or required to be kept under such standards. In addition, the audit will assess the Recipient’s compliance with the terms of the Agreement and will address, without limitation, the following: (a) whether the Funds were spent in accordance with the Agreement and with due regard to economy, efficiency, and effectiveness; (b) the Project’s progress or state of completion; (c) whether the financial information the Recipient provided is complete, accurate, and timely, and in accordance with the Agreement; (d) whether the Recipient’s information and monitoring processes and systems are adequate to identify, capture, validate, and monitor the achievement of intended benefits of the Project; (e) the overall management and administration of the Project; (f) recommendations for improvement or redress; and (g) whether prompt and timely corrective action is taken on prior audit findings. [SCHEDULE “E” - ELIGIBLE EXPENDITURES AND INELIGIBLE EXPENDITURES FOLLOWS] Page 1070 of 1156 Case #2021-07-1-1610267304 City of Niagara Falls and Ontario ICIP Green TPA Page 39 of 56 SCHEDULE “E” ELIGIBLE EXPENDITURES AND INELIGIBLE EXPENDITURES E.1.0 ELIGIBLE EXPENDITURES E.1.1 Notwithstanding anything to the contrary herein the Agreement, Eligible Expenditures shall only include those direct costs that are considered, in the Province’s and Canada’s sole and absolute discretion, to be directly necessary for the successful completion of the Project, and must be properly and reasonably incurred and paid to an arm’s length party as evidenced by invoices, receipts or other records that are satisfactory to the Province and Canada, in their sole and absolute discretion, and that are associated with the acquisition, planning, environmental assessments, design and engineering, project management, materials and construction or renovation of the Project. Eligible Expenditures exclude costs set out as Ineligible Expenditures in section E.2.1 below, but may include: a) The incremental costs of the Recipient’s staff or employees provided that: i. The Recipient is able to demonstrate that it is not economically feasible to tender a Contract that ensures the acquisition of the required goods or services at the best value for money; and ii. The arrangement is approved in advance in writing by the Province and Canada. b) Any costs that are determined by the Province and Canada, in their sole discretion, to be Eligible Expenditures; and c) Notwithstanding section E.2.1(a) of this Schedule, expenditures related to the Project associated with completing climate lens assessments or associated with Aboriginal consultation and engagement activities, if applicable, that were incurred after February 15, 2018. E.2.0 INELIGIBLE EXPENDITURES E.2.1 Without limiting the discretion of Province and Canada in section E.1.1, the following costs are Ineligible Expenditures and are therefore ineligible to be paid from the Funds: a) Costs incurred prior to the Federal Approval Date; b) Costs incurred after October 31, 2026; c) All expenditures related to Contracts signed prior to the Federal Approval Date; d) Costs incurred for terminated or cancelled Projects; e) Costs related to developing a business case or proposal or application for funding; f) Costs associated with the acquisition, expropriation or leasing of: i. Land, ii. Buildings, or Page 1071 of 1156 Case #2021-07-1-1610267304 City of Niagara Falls and Ontario ICIP Green TPA Page 40 of 56 iii. Other facilities g) Costs associated with the acquisition or leasing of equipment other than equipment directly related to the construction, improvement, repair, rehabilitation or reconstruction of the Project where the Province has not provided its prior written approval; h) Costs that have not been claimed for reimbursement by March 31st of the year following the year in which the costs were incurred; i) Capital costs, including site preparation and construction costs, until Canada and if applicable the Province have confirmed in writing that environmental assessment and Aboriginal consultation obligations have been fully met and continue to be fully met; j) Costs related to any component of the Project other than its approved scope; k) Real estate fees and related costs; l) Costs incurred for the general operation, repair and regularly scheduled maintenance of the Project; m) Services or works normally provided by the Recipient, incurred in the course of implementation of the Project, except those specified as Eligible Expenditures; n) Expenditures related to any goods and services which are received through donations or in-kind contributions; o) Any overhead costs, including salaries and other employment benefits of any employees of the Recipient, its direct or indirect operating or administrative costs, and more specifically its costs related to planning, engineering, architecture, supervision, management and other activities normally carried out by its staff, except in accordance with the list of Eligible Expenditures above; p) Unreasonable meal, hospitality or incidental costs or expenses of any Third Party; q) Any amount for which the Recipient has received, will receive or is eligible to receive, a rebate, credit or refund, in full or in part; r) Taxes of any kind; s) Costs of relocating entire communities; t) In the Province’s sole discretion, the costs of communication activities undertaken by the Recipient that did not conform with the requirements of the Communications Protocol in Schedule “G”; u) Any amounts incurred or paid by the Recipient to an entity that is not at arm’s length from the Recipient, except in accordance with the list of Eligible Expenditures above; v) Costs incurred contrary to Article 5 of Schedule “A” (Recipient’s Acquisition of Goods or Services, Contract Provisions, and Disposal of Assets) of this Agreement; w) The costs, charges, penalties or fees incurred or paid by the Recipient in the process of having a cost determined to be an Ineligible Expenditure. x) Legal fees, financing charges and loan interest payments, including those related to easements (e.g., surveys); (y) If the Project meets an adaptation, resilience and disaster mitigation outcome costs associated with: Page 1072 of 1156 Case #2021-07-1-1610267304 City of Niagara Falls and Ontario ICIP Green TPA Page 41 of 56 (i) relocating whole communities; (ii.) emergency services infrastructure; or (iii.) addressing seismic risks; and z) Costs of furnishings and non-fixed assets which are not essential for the operation of the funded Asset or Project, as well as all costs associated with moveable assets or rolling stock. [SCHEDULE “F” – EVALUATION FOLLOWS] Page 1073 of 1156 Case #2021-07-1-1610267304 City of Niagara Falls and Ontario ICIP Green TPA Page 42 of 56 SCHEDULE “F” EVALUATION F.1.0 PROJECT AND ICIP EVALUATIONS F.1.1 Recipient’s Participation in Project and ICIP Evaluations. The Recipient understands that the Province or Canada, or both, may ask the Recipient to participate in one or more evaluation in respect of the Project or the ICIP during and for a period of up to six years after March 31, 2028. The Recipient agrees, if asked and at its own expense, to provide Project-related information to the Province or Canada, or both, for any evaluation. F.1.2 Results of Project and ICIP Evaluations. The result of any evaluation carried under section F.1.1 (Recipient’s Participation in Project and ICIP Evaluations) will be made available to the public, subject to all applicable laws and policy requirements. [SCHEDULE “G” – COMMUNICATIONS PROTOCOL FOLLOWS] Page 1074 of 1156 Case #2021-07-1-1610267304 City of Niagara Falls and Ontario ICIP Green TPA Page 43 of 56 SCHEDULE “G” COMMUNICATIONS PROTOCOL G.1.0 DEFINITIONS G.1.1 Definitions. For the purposes of this Schedule “G” (Communications Protocol): “Joint Communications” means events, news releases, and signage that relate to the Agreement or the Bilateral Agreement, or both, that are not operational in nature, and that are collaboratively developed and approved by, (a) in the case of the Bilateral Agreement, Canada, the Province and the Recipient; and (b) in the case of the Agreement, the Province and the Recipient. G.2.0 PURPOSE G.2.1 Purpose. This communications protocol outlines the roles and responsibilities of each of the Parties to the Agreement in respect of Communications Activities related to the Project. G.2.2 Guidance. This communications protocol will guide all planning, development and implementation of Communications Activities with a view to ensuring efficient, structured, continuous, consistent, and coordinated communications to the Canadian public. G.2.3 Application to Communications Activities. The provisions of this communications protocol apply to all Communications Activities related to the Agreement and the Project. G.3.0 GUIDING PRINCIPLES G.3.1 Information to Canadians. Communications Activities undertaken through this communications protocol should ensure that Canadians are informed about the Project’s benefits, including the ways in which the Project helps improve their quality of life. G.3.2 Factors to Consider. The scale and scope of Communications Activities undertaken for any Project will take into consideration the financial value, scope and duration of the Project and the feasibility of Joint Communications for such Communications Activities. Page 1075 of 1156 Case #2021-07-1-1610267304 City of Niagara Falls and Ontario ICIP Green TPA Page 44 of 56 G.3.3 Deficiencies and Corrective Actions. The Province will communicate to the Recipient any deficiencies or corrective actions, or both, identified by the Province, Canada or, as applicable, the Committee. G.3.4 Approval of Communications Material. The announcement or publication of the Project must be approved by the Parties and Canada prior to being carried out. G.3.5 Costs of Communication Activities. With the exception of advertising campaigns outlined in Article G.10.0 (Advertising Campaigns), the costs of Communication Activities and signage will follow the eligibility rules established in Schedule “E” (Eligible Expenditures and Ineligible Expenditures). G.4.0 JOINT COMMUNICATIONS G.4.1 Subject Matter. The Parties and Canada may have Joint Communications about the funding and status of the Project. G.4.2 Prior Knowledge and Agreement. Joint Communications in respect of the Project should not occur without the prior knowledge and agreement of the Parties and Canada. G.4.3 Recognition of the Province’s and Canada’s Contributions. All Joint Communications material must be approved by the Province and Canada and will recognize the Province’s and Canada’s contribution or the Total Financial Assistance, or both, received in respect of the Project. G.4.4 Notice and Timing. The Recipient and the Province, on its own behalf or that of Canada, may request Joint Communications. The Party requesting the Joint Communications will provide at least 15 Business Days’ notice to the other Party. If the Communications Activity is an event, it will take place at a date and location mutually agreed to by the Parties and, if applicable, Canada. G.4.5 Participation and Representatives. The Party requesting a Joint Communications will provide the opportunity for the other Party and Canada to choose to participate and, if they do so choose, their own designated representative (in the case of an event). G.4.6 English and French. Canada has an obligation to communicate in English and French. Communications products related to events must be bilingual and include the Canada word mark and the logos of the Parties. In such cases, Canada will provide the translation services and final approval on products. G.4.7 Table of Precedence for Canada. The conduct of all Joint Communications will, as applicable, follow the Table of Precedence for Canada provided by Canada at Page 1076 of 1156 Case #2021-07-1-1610267304 City of Niagara Falls and Ontario ICIP Green TPA Page 45 of 56 https://www.canada.ca/en/canadian-heritage/services/protocol-guidelines-special- event/table-precedence-canada.html, or at any other location as the Province may provide. G.5.0 INDIVIDUAL COMMUNICATIONS G.5.1 Canada’s Obligations. Notwithstanding Article G.4.0 (Joint Communications), the Parties agree that Canada or the Province, or both, have the right to communicate information to Canadians and Ontarians about the Agreement and the use of Funds to meet its legislated and regulatory obligations through their respective own Communications Activities. G.5.2 Restrictions. Each Party may include general ICIP messaging and an overview in respect of the Project in their own Communications Activities. The Province and the Recipient will not unreasonably restrict the use of, for their own purposes, Communications Activities related to the Project and, if the communications are web- or social-media based, the ability to link to it. Canada has also agreed, in the Bilateral Agreement, to the above. G.5.3 Publication. The Recipient will indicate, in respect of the Project-related publications, whether written, oral, or visual, that the views expressed in the publication are the views of the Recipient and do not necessarily reflect those of Canada and the Province. G.5.4 Canada’s Recognition in Documents. In respect of the Project where the deliverable is a document, such as but not limited to plans, reports, studies, strategies, training material, webinars, and workshops, the Recipient will clearly recognize Canada’s and the Province’s respective financial contribution for the Project. G.5.5 Acknowledgement of Support. Unless the Province directs the Recipient to do otherwise, the Recipient will, in respect of the Project-related publications, whether written, oral, or visual, acknowledge the Province’s and Canada’s support for the Project. G.6.0 OPERATIONAL COMMUNICATIONS G.6.1 Responsibility of Recipient. The Recipient is solely responsible for operational communications in respect of the Project, including but not limited to calls for tender, contract awards, and construction and public safety notices. Operational communications as described above are not subject to the Official Languages Act of Canada. Page 1077 of 1156 Case #2021-07-1-1610267304 City of Niagara Falls and Ontario ICIP Green TPA Page 46 of 56 G.7.0 MEDIA RELATIONS G.7.1 Significant Media Inquiry. The Province and the Recipient will share information promptly with the other Party and Canada if significant media inquiries are received or emerging media or stakeholder issues arise in respect of a Project or the ICIP. G.8.0 SIGNAGE G.8.1 Recognition of Funding Contribution. The Parties agree that Canada, the Province and the Recipient may each have signage recognizing their funding contribution in respect of the Project. G.8.2 Funding Recognition. Unless otherwise agreed by Canada or the Province, or both, the Recipient will produce and install a sign to recognize the funding contributed by the Province or Canada, or both, at the Project site in accordance with, as applicable, their current respective signage guidelines. Federal sign design, content, and installation guidelines will be provided by Canada. Provincial sign design, content, and installation guidelines will be provided by the Province. G.8.3 Permanent Plaque. Where the Recipient decides to install a permanent plaque or another suitable marker in respect of the Project, the Recipient will: (a) on the marker, recognize the Province’s and Canada’s contributions; and (b) prior to installing the marker, seek the prior written approval of both Canada and the Province, each respectively, for its content and installation. G.8.4 Notice of Sign Installation. The Recipient will inform the Province of sign installations, including providing the Province with photographs of the sign, once the sign has been installed. G.8.5 Timing for Erection of Sign. If erected, signage recognizing Canada’s and the Province’s respective contributions will be installed at the Project site(s) and be visible for the duration of the Project. The Province will provide Notice to the Recipient specifying the timelines for signage installation and removal and the Recipient will comply with such timelines specified in the Notice. G.8.6 Size of Sign. If erected, signage recognizing Canada’s and the Province’s respective contribution will be at least equivalent in size and prominence to Project signage for contributions by other orders of government and will be installed in a prominent and visible location that takes into consideration pedestrian and traffic safety and visibility. G.8.7 Responsibility of Recipient. The Recipient is responsible for the production and installation of Project signage, and for maintaining the signage in a good state of Page 1078 of 1156 Case #2021-07-1-1610267304 City of Niagara Falls and Ontario ICIP Green TPA Page 47 of 56 repair during the Project, or as otherwise agreed upon. G.9.0 COMMUNICATING WITH RECIPIENT G.9.1 Facilitation of Communications. The Province agrees to facilitate, as required, communications between Canada and the Recipient for Communications Activities. G.10.0 ADVERTISING CAMPAIGNS G.10.1 Notice of Advertising Campaigns. Recognizing that advertising can be an effective means of communicating with the public, the Recipient agrees that Canada or the Province, or both, may, at their own cost, organize an advertising or public information campaign in respect of the Project or the Agreement. However, such a campaign will respect the provisions of the Agreement. In the event of such a campaign, Canada or the Province will inform each other and the Recipient of its intention no less than 21 Business Days prior to the campaign launch. [SCHEDULE “H” – DISPOSAL OF ASSETS FOLLOWS] Page 1079 of 1156 Case #2021-07-1-1610267304 City of Niagara Falls and Ontario ICIP Green TPA Page 48 of 56 SCHEDULE “H” DISPOSAL OF ASSETS H.1.0 DEFINITIONS H.1.1 Definitions. For the purposes of this Schedule “H” (Disposal of Assets): “Asset Disposal Period” means the period commencing on the Effective Date and ending five (5) years after the Expiration Date. H.2.0 DISPOSAL OF ASSETS H.2.1 Asset Disposal Period. Unless otherwise agreed to by the Province, the Recipient will maintain the ongoing operations and retain title to and ownership of any Asset acquired in respect of the Project for the Asset Disposal Period. H.2.2 Disposal of Asset and Payment. If, at any time within the Asset Disposal Period, the Recipient sells, leases, encumbers, or otherwise disposes, directly or indirectly, of any Asset other than to Canada, the Province, or a municipal or regional government established by or under provincial statute, the Province may require the Recipient to reimburse the Province or Canada, via the Province, for any Funds received for the Project. [SCHEDULE “I” – ABORIGINAL CONSULTATION PROTOCOL FOLLOWS] Page 1080 of 1156 Case #2021-07-1-1610267304 City of Niagara Falls and Ontario ICIP Green TPA Page 49 of 56 SCHEDULE “I” ABORIGINAL CONSULTATION PROTOCOL I.1.0 DEFINITIONS I.1.1 Definitions. For the purposes of this Schedule “I” (Aboriginal Consultation Protocol): “Aboriginal Community”, also known as “Aboriginal Group”, includes First Nation, Métis, and Inuit communities or peoples of Canada. “Aboriginal Consultation Plan” means the Aboriginal Consultation Plan described in section I.2.1 (Development of Plan). I.2.0 ABORIGINAL CONSULTATION PLAN I.2.1 Development of Plan. The Province, based on the scope and nature of the Project or at the request of Canada, may require the Recipient, in consultation with the Province or Canada, or both, to develop and comply with an Aboriginal consultation plan (“Aboriginal Consultation Plan”). I.2.2 Procedural Aspects of Aboriginal Consultation. If consultation with Aboriginal Communities is required, the Recipient agrees that: (a) the Province or Canada, or both, may delegate certain procedural aspects of the consultation to the Recipient; and (b) the Province or Canada, or both, will provide the Recipient with an initial list of the Aboriginal Communities the Recipient will consult. I.2.3 Provision of Plan to Province. If, pursuant to section I.2.1 (Development of Plan), the Province provides Notice to the Recipient that an Aboriginal Consultation Plan is required, the Recipient will, within the timelines provided in the Notice, provide the Province with a copy of the Aboriginal Consultation Plan. I.2.4 Changes to Plan. The Recipient agrees that the Province or Canada, in the sole discretion of the Province or Canada and from time to time, may require the Recipient to make changes to the Aboriginal Consultation Plan. I.3.0 ABORIGINAL CONSULTATION RECORD I.3.1 Requirements for Aboriginal Consultation Record. If consultation with an Aboriginal Community is required, the Recipient will maintain an Aboriginal Consultation Record and provide such record to the Province, and any update to it, as part of its reporting to the Province pursuant to section D.3.1 (Inclusion of Aboriginal Consultation Record). Page 1081 of 1156 Case #2021-07-1-1610267304 City of Niagara Falls and Ontario ICIP Green TPA Page 50 of 56 I.4.0 RESPONSIBILITIES OF THE RECIPIENT I.4.1 Notification to and Direction from the Province. The Recipient will immediately notify the Province: (a) of contact by Aboriginal Communities regarding the Project; or (b) of any Aboriginal archaeological resources that are discovered in relation to the Project, and, in either case, the Recipient agrees that the Province or Canada, or both, may direct the Recipient to take such actions as the Province or Canada, or both, may require. The Recipient will comply with the Province's or Canada’s direction. I.4.2 Direction from the Province and Contracts. In any Contract, the Recipient will provide for the Recipient's right and ability to respond to direction from the Province or Canada, or both, as the Province or Canada may provide in accordance with section I.4.1 (Notification to and Direction from the Province). [SCHEDULE “J” – REQUESTS FOR PAYMENT AND PAYMENT PROCEDURES FOLLOWS] Page 1082 of 1156 Case #2021-07-1-1610267304 City of Niagara Falls and Ontario ICIP Green TPA Page 51 of 56 SCHEDULE “J” REQUESTS FOR PAYMENT AND PAYMENT PROCEDURES J.1.0 DEFINITION J.1.1 Definition. For the purposes of this Schedule “J” (Requests for Payment and Payment Procedures): “Final Payment” means the final payment by the Province to the Recipient in respect of the Project as described in and to be paid in accordance with Article J.8.0 (Final Payment). J.2.0 PROCEDURES AND TIMING FOR REQUESTS FOR PAYMENT J.2.1 Procedures. The procedures provided for in Article J.3.0 of this Schedule “J” (Procedures for Requests for Payment for Eligible Expenditures) will apply to requests for payment that the Recipient submits to the Province under the Agreement. J.2.2 Diligent and Timely Manner. The Recipient will submit its requests for payment for Eligible Expenditures in respect of the Project to the Province in a diligent and timely manner, and no less frequently than twice a year if Eligible Expenditures have been incurred. If no Eligible Expenditures have been incurred in the previous six months, the recipient will notify the Province that no claim is being submitted for that period. J.3.0 PROCEDURES FOR REQUESTS FOR PAYMENT FOR ELIGIBLE EXPENDITURES J.3.1 Timing, Reports and Documents. The Recipient will submit each request for payment for Eligible Expenditures in respect of the Project to the Province on a date and frequency as indicated in Schedule “D” (Reports) and, if the Province so requested pursuant to paragraph K.4.1(f), after review by the Committee. The Recipient agrees to submit, for each of the circumstances listed below, the following reports and documents: (a) for each request for payment, including the final payment, a Claim Report in a format prescribed by the Province, including invoices, statements, receipts, and vouchers and any other evidence of payment relating to the Funds or otherwise to the Project; (b) for each request for final payment, a Final Report, in a format prescribed by the Province, acceptable to the Province; and (c) such other information as the Province may request. Page 1083 of 1156 Case #2021-07-1-1610267304 City of Niagara Falls and Ontario ICIP Green TPA Page 52 of 56 J.4.0 PAYMENTS OF FUNDS J.4.1 Payment by the Province. Subject to the terms and conditions of the Agreement, upon receipt of a request for payment fully completed in accordance with this Schedule “J” (Requests for Payment and Payment Procedures), the Province will use its reasonable efforts to pay Funds to the Recipient based on the Recipient’s incurred and paid Eligible Expenditures up to the Maximum Funds, if due and owing under the terms of the Agreement. Claims will be reimbursed based on the Percentage of Provincial Support and the Percentage of Federal Support as set out in Schedule “C”. J.4.2 For greater certainty and without limitation, before the Province makes a payment to the Recipient, the following terms and conditions of the Agreement must be met, in the opinion of the Province or Canada, or both: (a) the conditions set out in paragraph A.4.2(c) of Schedule “A”; (b) the special conditions listed in Article A.31.0 of Schedule “A” (Special Conditions); (c) receipt and acceptance by the Province of all required Reports and other reports, as applicable; (d) compliance with all applicable audit requirements under the Agreement; and (e) applicable communications requirements, as set out Schedule “G” (Communications Protocol). J.4.3 The Province will under no circumstances be liable for interest for failure to make a payment within the time limit provided for in this Article J.4.0 (Payments). J.5.0 TIME LIMITS FOR REQUESTS FOR PAYMENTS J.5.1 Timing. The Recipient will submit all requests for payment on or before December 31, 2026. J.5.2 No Obligation for Payment. Notwithstanding anything to the contrary herein, the Province will have no obligation to make any payment for a request for payment submitted after (i.) December 31, 2026; or (ii) March 31st of the year following the Funding Year in which the Eligible Expenditures were incurred. Page 1084 of 1156 Case #2021-07-1-1610267304 City of Niagara Falls and Ontario ICIP Green TPA Page 53 of 56 J.6.0 FINAL RECONCILIATION AND ADJUSTMENTS J.6.1 Final Reconciliation and Adjustments. For the Project, following the submission of the Final Report, which will include a declaration of Substantial Completion, the Province may carry out a final reconciliation of all requests for payments and payments in respect of the Project and make any adjustments required in the circumstances. J.7.0 HOLDBACK J.7.1 Holdback. For the Project, the Province may hold back funding in accordance with section A.4.12 (Retention of Contribution). J.8.0 FINAL PAYMENT J.8.1 Final Payment. Subject to paragraph A.4.2(c) of Schedule “A”, the Province will pay to the Recipient the remainder of the Funds under the Agreement, including the Holdback, after all of the conditions under section A.4.12 of Schedule “A” (Retention of Contribution) have been met. [SCHEDULE “K” – COMMITTEE FOLLOWS] Page 1085 of 1156 Case #2021-07-1-1610267304 City of Niagara Falls and Ontario ICIP Green TPA Page 54 of 56 SCHEDULE “K” COMMITTEE K.1.0 ESTABLISHMENT OF COMMITTEE K.1.1 Establishment and Term of Committee. If the Province requires the establishment of a Committee to oversee the Agreement, pursuant to section A.29.1 (Establishment of Committee), the Parties will, within 60 days of the Province providing Notice, hold an initial meeting to establish the Committee. The Committee’s mandate will expire on the Expiration Date of the Agreement. K.2.0 COMMITTEE MEMBERS, CO-CHAIRS, AND OBSERVERS K.2.1 Appointments by the Province. The Province will appoint two persons as members of the Committee. K.2.2 Appointments by the Recipient. The Recipient will appoint two persons as members of the Committee. K.2.3 Chairs of the Committee. The Committee will be headed by co-chairs chosen from its members, one appointed by the Province and one appointed by the Recipient. If a co-chair is absent or otherwise unable to act, the member of the Committee duly authorized in writing by the Province or the Recipient, as applicable, will replace him or her and will act as co-chair in his or her place. K.2.4 Non-committee Member Staff. The Parties may invite any of their staff to participate in Committee meetings. The Province may invite up to two representatives from Canada to sit as observers on the Committee. For greater certainty, the staff and representative(s) from Canada will not be considered members and will not be allowed to vote. K.3.0 MEETINGS AND ADMINISTRATIVE MATTERS K.3.1 Rules of Committee. The Committee will: (a) meet at least two times a year, and at other times at the request of a co- chair; and (b) keep minutes of meetings approved and signed by the co-chairs as a true record of the Committee meetings. K.3.2 Quorum. A quorum for a meeting of the Committee will exist only when both co- chairs are present. Page 1086 of 1156 Case #2021-07-1-1610267304 City of Niagara Falls and Ontario ICIP Green TPA Page 55 of 56 K.4.0 COMMITTEE MANDATE K.4.1 Mandate. Provided that no action taken by the Committee will conflict with the rights of the Parties under the Agreement, the mandate of the Committee will include, but not be limited to: (a) monitoring the implementation of the Agreement including, without limitation, the implementation of Schedule “G” (Communications Protocol), for compliance with the terms and conditions of the Agreement; (b) acting as a forum to resolve potential issues or disputes and address concerns; (c) reviewing and, as necessary, recommending to the Parties amendments to the Agreement; (d) approving and ensuring audit plans are carried out as per the Agreement; (e) establishing sub-committees as needed; (f) at the request of the Province, reviewing requests for payments; and (g) attending to any other function required by the Agreement, including monitoring project risk and mitigation measures, or as mutually directed by the Parties. K.4.2 Committee Decisions. Decisions of the Committee will be made as follows: (a) the co-chairs will be the only voting members on the Committee; and (b) decisions of the Committee must be unanimous and recorded in writing. K.5.0 ROLE OF THE RECIPIENT K.5.1 Requirements. The Recipient undertakes to fulfill, in addition to any other requirements provided for in this Schedule “K” (Committee), the following: (a) establish a fixed location where the Agreement will be managed, and maintain it until the expiry of the Committee’s mandate and, if relocation is required, establish a new location; (b) prepare and retain, at the location described in paragraph K.5.1(a), and make available to the Committee, all documents needed for the work of the Committee, including payment request forms, approval documents, contracts, and agendas and minutes of meetings of the Committee and its subcommittees; Page 1087 of 1156 Case #2021-07-1-1610267304 City of Niagara Falls and Ontario ICIP Green TPA Page 56 of 56 (c) ensure that any audit required of the Recipient pursuant to the Agreement is carried out and the results are reported to the Committee; (d) ensure that administrative and financial systems are developed and implemented for the Project and the work of the Committee; (e) promptly inform the Committee of all proposed changes in respect of the Project; and (f) provide the Committee, as requested and within the timelines set by the Committee, and to the Committee’s satisfaction, project status information related to Schedule “D” (Reports). Page 1088 of 1156 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 Prohibited) --------------------------------------------------------------- The Council of the Corporation of the City of Niagara Falls hereby ENACTS as follows: (a) By-law No. 89-2000, as amended, is hereby further amended 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 Harper Drive East Bellevue Street and a point 60 metres At All Times North of Bellevue Street Harper Drive South A point 37 metres west of Marcel Crescent and At All Times a point 60 metres west of Marcel Crescent This By-law shall come into force when the appropriate signs are installed. Passed this ninth day of August, 2022. ............................................................... ........................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: August 9, 2022 Second Reading: August 9, 2022 Third Reading: August 9, 2022 Page 1089 of 1156 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 items: PARKING PROHIBITED COLUMN 1 HIGHWAY COLUMN 2 SIDE COLUMN 3 BETWEEN COLUMN 4 TIMES/DAYS Prospect St. North Drummond Rd. and a point 115 m east of Drummond Rd. At All Times Prospect St. North Portage Rd. and a point 32 m west of Portage Rd. At All Times Prospect St. South Portage Rd. and a point 205 m west of Portage Rd. At All Times Prospect St. North A point 32 m west of Portage Rd. and a point 181 m west of Portage Rd. 8:00 a.m. to 6:00 p.m. Page 1090 of 1156 b) by adding to the specified column of Schedule C thereto the following items: PARKING PROHIBITED COLUMN 1 HIGHWAY COLUMN 2 SIDE COLUMN 3 BETWEEN COLUMN 4 TIMES/DAYS Prospect St. North Portage Rd. and Drummond Rd. At All Times Prospect St. South Drummond Rd. and a point of 12 m east of Drummond Rd. At All Times Prospect St. South Portage Rd. and a point of 17 m west of Portage Rd. At All Times This By-law shall come into force when the appropriate signs are installed. Passed this ninth of August, 2022. ............................................................... ........................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: August 09, 2022 Second Reading: August 09, 2022 Third Reading: August 09, 2022 Page 1091 of 1156 CITY OF NIAGARA FALLS By-law No. 2022 - A by-law to authorize the execution of a Section 37 Agreement with 6609 Stanley Nominee Inc. pursuant to Section 37 of the Planning Act respecting the provision of certain facilities, services and matters by 6609 Stanley Nominee Inc. in return for an amendment to By-law No. 79-200 for an increase in height to allow the development of a mixed use residential/hotel building with a maximum building height of 255 metres and 72 storeys, on lands owned by 6609 Stanley Nominee Inc. and located on Stanley Avenue, in the City of Niagara Falls. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. A Section 37 Agreement dated the 3rd day of August, 2022, and made between 6609 Stanley Nominee Inc. as Owner and The Corporation of the City of Niagara Falls as Municipality, respecting the provision of certain facilities, services, and matters by 6609 Stanley Nominee Inc. in return for an amendment to By-law No. 79-200 for an increase in height to allow the development of a mixed use residential/hotel building with a maximum building height of 255 metres and 72 storeys, on lands owned by 6609 Stanley Nominee Inc. and located on Stanley Avenue, in the City of Niagara Falls, as attached hereto, is hereby approved and authorized. 2. The Mayor and City Clerk are hereby authorized to execute the said Section 37 Agreement. 3. The City Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said Section 37 Agreement. 4. That the City Clerk is authorized to effect any minor modifications, corrections or omissions solely of an administrative, numerical, grammatical, semantical or descriptive nature to this by-law or its schedules after the passage of this by-law. Read a first, second and third time; passed, signed and sealed in open Council this 9th day of August, 2022. ........................................................... ..................................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 1092 of 1156 115509057 v13 THIS SECTION 37 AGREEMENT made this 3rd day of August, 2022. B E T W E E N: 6609 STANLEY NOMINEE INC. Hereinafter called the “Owner” - and - THE CORPORATION OF THE CITY OF NIAGARA FALLS Hereinafter called the “Municipality” WHEREAS the Owner is the registered owner of lands in the City of Niagara Falls which are more particularly described in the attached Schedule “A“ (the “Site”) and includes, where applicable, any subsequent owner who becomes the registered owner of the lands; AND WHEREAS the Owner has applied to the Municipality to amend City of Niagara Falls Zoning By-law No. 79-200 seeking permission to increase height otherwise not permitted to allow the development of a mixed use residential/hotel building with a maximum building height of 255 metres and 72 storeys, which shall include a roof feature; AND WHEREAS section 37 of the Planning Act, R.S.O. 1990, c. P.13, as amended (the “Planning Act”) permits the Council of the Municipality to pass a zoning by -law to authorize increases in the height and density of development otherwise permitted by the by-law in return for the provision of such facilities, services or m atters as are set out in the by-law; AND WHEREAS a by-law under subsection 37(1) of the Planning Act may not be enacted unless there is an Official Plan in effect in the Municipality that contains provisions relating to the authorization of increases in height and density of development; AND WHEREAS the Official Plan for the Municipality contains provisions relating to the authorization of an increase in the height of development above 4 storeys, for buildings greater than 10 storeys and for buildings in excess of 30 storeys; AND WHEREAS subsection 37(3) of the Planning Act provides that where an owner of land elects to provide facilities, services or matters in return for an increase in the height or density of development, the Municipality may require the owner to enter into an agreement with the Municipality dealing with the facilities, services and matters; AND WHEREAS the Development is above 4 storeys, a building greater than 10 storeys and in excess of 30 storeys; AND WHEREAS the benefits of the Amending By-law will accrue to the Site irrespective of whether the Development described in this Agreement is, in fact, constructed; Page 1093 of 1156 2 115509057 v13 AND WHEREAS the Owner has elected to provide certain facilities, services and matters in return for an increase in height as set forth in the Amending By-law attached hereto as Schedule “B” and to enter into an agreement dealing with said facilities, services and matters. NOW THEREFORE in consideration of the sum of TWO DOLLARS ($2.00) paid by each party to the other, the receipt and sufficiency of which are hereby acknowledged, and for other valuable consideration, the Owner and the Municipality agree to and with each other as follows: DEFINITIONS 1.1 For the purposes of this Agreement, including the within recitals, the term: 1.1.1 “Amending By-law” means the zoning by-law amendment substantially in the form attached hereto as Schedule “B”; 1.1.2 “Architectural Design” means all aspects of the exterior design of the Development, including, without limiting the generality of the foregoing, surface articulation, podium design, exterior materials, and a distinct roof feature, as well as matters relating to the design of the public realm and pedestrian circulation, but which shall exclude the aspects relating to height, bulk, location, size, use, and other matters that are regulated by a by-law enacted pursuant to Section 34 of the Planning Act; 1.1.3 “Building Permit” means a permit, issued pursuant to section 8 of the Building Code Act, 1992, S.O. 1992, c.23, as amended or re-enacted from time to time, to construct the Development or a portion thereof; 1.1.4 “Capital Facilities Contribution” means a payment made by the developer to the Municipality in consideration of receiving approval to construct a Development in excess of 30 storeys in height which are described in Schedule “D“; 1.1.5 “Capital Facilities Security” means a Letter of Credit provided to the Municipality for the purpose of securing the payment of the Capital Facilities Contribution; 1.1.6 “Chief Building Official” means the Chief Building Official for the Municipality and shall include his or her delegates; 1.1.7 “Construction Value” means the value of construction at the day before the issuance of the first above-grade Building Permit as determined by the most recent Canadian Cost Guide published by Altus Group or similar publication; 1.1.8 “Council” means the Council of the Municipality; Page 1094 of 1156 3 115509057 v13 1.1.9 “Date of Final Approval of the Amending By-law” means the first day upon which all of the provisions of the Amending By -law has come into force in accordance with Section 7.2 of this Agreement; 1.1.10 “Development” means the construction of and improvements to and on the Site that is the subject of the Amending By-law and as is described in the second recital to this Agreement; 1.1.11 “Director of Finance” means the Director of Finance of the Municipality and shall include his or her delegates; 1.1.12 “Director of Municipal Works” means the Director of Municipal Works of the Municipality and shall include his or her delegates; 1.1.13 “Director of Planning, Building and Development” means the Director of Planning, Building and Development of the Municipality and shall include his or her delegates; 1.1.14 “Final Confirmation Date” has the meaning ascribed to it in Section 7.1 of this Agreement; 1.1.15 “Letter of Credit” means an irrevocable Letter of Credit drawn on a Canadian Chartered Bank or Credit Union in a form acceptable to the City Solicitor; 1.1.16 “Net Floor Area” means the aggregate of the actual occupied horizontal areas of each floor in a building above grade, not including unoccupied accessory areas such as stairways, mechanical rooms, elevator shafts, and ventilation shafts; 1.1.17 “Parties” means the Owner and the Municipality; 1.1.18 “Party” means any one of either the Owner or the Municipality; 1.1.19 “Public Benefit” means those things listed in Schedules “C“ and “E“ and any other thing that the Parties or either of them acknowledge or agree is a public benefit within the terms of this Agreement; 1.1.20 “Site” means the lands described in Schedule “A“ hereto; 1.1.21 “Site Plan” means any plan approved by Council or its delegate pursuant to the Planning Act, R.S.O. 1990, c. P.13, in connection with the Development; 1.1.22 “Streetscape Improvements” means those improvements to the streetscape along those boundaries of the Site which are described in Schedule “C“ hereto; Page 1095 of 1156 4 115509057 v13 1.1.23 “Streetscape Improvements Contribution” has the meaning ascribed to it in Section 2.1; 1.1.24 “Streetscape Improvements Deposit” means the deposit of $150,000.00 that has been submitted and is presently held by the Municipality for streetscape works in connection with the prior Site Plan Approval application involving the Site; 1.1.25 “Streetscape Security” means Letter(s) of Credit provided to the Municipality for the purpose of securing construction of the Streetscape Improvements; and 1.1.26 “Unwinding Date” has the meaning ascribed to it in Section 7.5 of this Agreement. 1.2 The Parties confirm and agree that the recitals are true, accurate and form a part of this Agreement. STREETSCAPE IMPROVEMENTS CONTRIBUTION 2.1 Provided that the Owner proceeds with the Development to be constructed with a height that will exceed 4 storeys, the Owner shall make a contribution equal in value to an amount that is calculated in accordance with Section 2.2 of this Agreement, prior to the first above-grade Building Permit for the Development being issued following the execution of this Agreement and as set out in Section 3.4 of this Agreement (the “Streetscape Improvements Contribution”). 2.2 The value of the Streetscape Improvements Contribution shall be calculated in accordance with the following formula: S = ($1,442.00 x L) = $1,442.00 x 118 m = $170,156.00 where S is the Streetscape Improvements Contribution; and L is the lineal frontage of the Site on any public street, expressed in metres. In the event that a Building Permit authorizing the Development has not been issued on or before the 1st day of January 2023, the value of the Streetscape Improvements Contribution shall be adjusted annually in accordance with the Statistics Canada Quarterly Infrastructure Construction Price Index Catalogue until such time as a Building Permit is issued for the Development. STREETSCAPE IMPROVEMENTS Page 1096 of 1156 5 115509057 v13 3.1 The Owner and the Municipality acknowledge and agree that the Streetscape Improvements as detailed in Schedule “C“ have not been constructed as of the date of the execution of this Agreement and that the City has received and is presently holding the Streetscape Improvements Deposit. 3.2 The Owner shall select one of the following two options in order to satisfy its obligation to make the Streetscape Improvements Contribution: 3.2.1 Option 1 – The Owner will make a payment in the amount of $170,156.00 Canadian dollars, subject to upwards indexing as applicable, all to be calculated in accordance with Section 2.2 of this Agreement; or 3.2.2 Option 2 – The Owner will construct the Streetscape Improvements in accordance with this Agreement. 3.3 The Owner agrees to advise the Municipality, in writing, of its chosen Option prior to the first above-grade Building Permit in respect of the Development being issued following the execution of this Agreement; 3.4 The Owner agrees to the following controls on the process under each Option set out in Section 3.2 of this Agreement: 3.4.1 For Option 1: 3.4.1(1) Prior to the issuance of any above-grade Building Permit for the Development, the Owner shall deliver to the Municipality a certified cheque in the amount of the Streetscape Improvements Contribution. 3.4.1(2) Upon receiving the certified cheque in the amount of the Streetscape Improvements Contribution as contemplated in Section 3.4.1(1) of this Agreement, the Municipality shall release the Streetscape Improvements Deposit to 6609 Stanley Limited Partnership. 3.4.1(3) The Municipality agrees to apply the payment received for the Streetscape Improvements Contribution exclusively to the construction and design of the Streetscape Improvements. 3.4.1(4) In the event that the Municipality constructs the Streetscape Improvements and the cost of so doing is less than the proceeds of cashing the Streetscape Improvements Contribution, the Municipality shall refund the difference between the cost of the construction and the proceeds of Page 1097 of 1156 6 115509057 v13 cashing the Streetscape Improvements Contribution to the Owner. 3.4.2 For Option 2: 3.4.2(1) The Owner and the Municipality acknowledge and agree that in the case of the Owner constructing the Streetscape Improvements the Streetscape Improvements shall be secured by the Streetscape Security. 3.4.2(2) The Streetscape Security shall be in the amount of $170,156.00. 3.4.2(3) The Streetscape Security shall be provided by the Owner to the Municipality prior to the first above-grade Building Permit in respect of the Development being issued following the execution of this Agreement. 3.4.2(4) Upon receipt of the Streetscape Security in the amount cited in Section 3.4.2(2) of this Agreement, the City will release the Streetscape Improvements Deposit to 6609 Stanley Limited Partnership. 3.4.2(5) The Streetscape Improvements shall be constructed in accordance with plans and specifications approved by the Director of Municipal Works. 3.4.2(6) The Municipality shall return the Streetscape Security to the Owner immediately upon the Streetscape Improvements being completed to the satisfaction of the Director of Municipal Works. 3.4.2(7) The Streetscape Improvements shall be completed within six months of the substantial completion of the Development. 3.4.2(8) In the event the Owner fails to complete the Streetscape Improvements within six months of the substantial completion of the Development, the Municipality may cash the Streetscape Security; construct the Streetscape Improvements; and apply the proceeds of cashing the Streetscape Security to the cost of constructing the Streetscape Improvements. 3.4.2(9) In the event that the Municipality constructs the Streetscape Improvements pursuant to Section 3.4.2(8) of this Agreement, and the cost of so doing exceeds the proceeds of cashing the Streetscape Security, the amount of Page 1098 of 1156 7 115509057 v13 any shortfall shall be added to the tax roll entry for the Site, to be collected in like manner as municipal taxes. 3.4.2(10) In the event that the Municipality constructs the Streetscape Improvements pursuant to Section 3.4.2(8) of this Agreement, and the cost of so doing is less than the proceeds of cashing the Streetscape Security, the Municipality shall refund the difference between the cost of the construction and the proceeds of cashing the Streetscape Security to the Owner. CAPITAL FACILITIES CONTRIBUTION 4.1 The Owner acknowledges and agrees that should the Development exceed 30 storeys in height, Council is entitled to require that a Capital Facilities Contribution be paid. 4.2 The Owner acknowledges and agrees that the Capital Facilities Contribution shall be an amount that is equal to 5% of the Construction Value of the Net Floor Area for the Development that is above 30 storeys. 4.3 The amount of the Capital Facilities Contribution shall be calculated prior to the first above-grade Building Permit for the Development being issued following the execution of this Agreement, based on the plans submitted for the Development at that time. 4.4 The Municipality agrees to apply the Capital Facilities Contribution exclusively to the capital facilities listed in Schedule “E“ of this Agreement. 4.5 The Owner shall pay the Capital Facilities Contribution in two installments as follows: 4.5.1 One installment prior to issuance of the Building Permit for the architectural/structural shell of the Development in the amount of one half of the Capital Facilities Contribution; and 4.5.2 One installment prior to issuance of the Building Permit for the remainder of the construction of the Development in the amount of the remaining one half of the Capital Facilities Contribution. 4.6 The Parties acknowledge and agree that Schedule “D“ has been included in this Agreement for the purposes of illustrating how the Capital Facilities Contribution is to be calculated at the time of payment pursuant to Sections 4.2 and 4.3 of this Agreement, and that, until the Capital Facilities Contribution is calculated pursuant to Section 4.2 and 4.3 of this Agreement, the costs, floor areas, and monetary amounts shown in Schedule “D“ may be subject to change and are included for illustrative purposes only. Page 1099 of 1156 8 115509057 v13 4.7 The Capital Facilities Contribution shall be paid in cash, by bank draft or certified cheque. 4.8 The Capital Facilities Contribution shall be secured by the Owner, in the amount provided in Section 4.9, prior to the first above-grade Building Permit relating to any aspect of the Development being issued following the execution of this Agreement. 4.9 The Capital Facilities Contribution shall be secured by means of a Letter of Credit in the amount of $500,000.00. 4.10 The Municipality shall retain the Letter of Credit described in Section 4.9 of this Agreement until the final installment of the Capital Facilities Contribution is paid. 4.11 When the final installment of the Capital Facilities Contribution is paid, the Letter of Credit described in Section 4.9 of this Agreement shall be returned to the Owner. 4.12 The Parties acknowledge and agree that the capital facilities described in Schedule “E“ are a Public Benefit associated with the authorization of an increase in height greater than 10 storeys and in excess of 30 storeys. 4.13 Notwithstanding any other provision of this Agreement, the Owner agrees that the Municipality may cash the Capital Facilities Security upon the occurrence of any of the following events: 4.13.1 The issuing of any Building Permit described in Section 4.5 of this Agreement, in the absence of the payment prescribed for that Building Permit; 4.13.2 The appointment of a receiver to manage the affairs of the Owner; 4.13.3 The bankruptcy of the Owner; 4.13.4 Sale of the Site or the Development by any mortgagee or other creditor; 4.13.5 Foreclosure of the Site or the Development by any mortgagee or other creditor; and 4.13.6 The transfer of control or ownership, including without limiting the generality of the foregoing, transfers by way of trust, of the Site or the Development by the Owner without the express written consent of the Municipality, which consent shall not be unreasonably withheld. Page 1100 of 1156 9 115509057 v13 4.14 In the event that the Municipality cashes the Capital Facilities Security, the proceeds shall be applied to the capital facilities listed in Schedule “E“ of this Agreement. 4.15 In the event that the Municipality cashes the Capital Facilities Security, any difference between the total of the amount paid by the Owner to the Municipality pursuant to Section 4.5 of this Agreement, combined with the proceeds of cashing the Capital Facilities Security, and the Capital Facilities Contribution shall be added to the tax roll entry for the Site and collected in the same manner as municipal taxes. 4.16 In the event that the Municipality draws on the Capital Facilities Security before the final installment of the Capital Facilities Contribution is paid, the Owner shall forthwith replace or top-up the Capital Facilities Security to the amount set out in Section 4.2 of this Agreement or such lower amount as remains to be paid as the Capital Facilities Contribution. ARCHITECTURAL DESIGN 5.1 The Parties agree that the objective of the Architectural Design is to provide a development that, if constructed above the podium, will add a distinct and interesting feature to the skyline and which will include a roof feature that will be a distinct element of the Architectural Design for the Development. 5.2 In view of the objective outlined in Section 5.1 of this Agreement, aspects of the Architectural Design shall be generally in accordance with the Architectural Design that was approved by Council on the 12th day of November, 2019, unless revisions to the Architectural Design are authorized by the Director of Planning, Building and Development, acting reasonably. If the Owner proposes substantial revisions to the Architectural Design, the Director of Planning, Building and Development may require an independent architectural peer review of such revised Architectural Design, at the Owner’s cost, and, if the Director of Planning, Building and Development determines it necessary, may present the revised Architectural Design to Council for consideration in the context of the Owner’s application to obtain site plan control approval for the Development pursuant to section 41 of the Planning Act. 5.3 The Parties acknowledge and agree that the Architectural Design is a Public Benefit associated with the authorization permitted by the Amending By- law. CONSENT TO AMENDING BY-LAW 6.1 The Owner consents to the enactment of the Amending By-law. 6.2 The Owner consents to the repeal of the Amending By-law by Council in the event that the Owner is in default of its obligations under this Agreement Page 1101 of 1156 10 115509057 v13 and the Owner has failed or refused to correct such default within ninety (90) days of notice of such default being given by the Municipality, and the Owner further covenants and agrees not to appeal, object or otherwise challenge the repealing of the Amending By-law. 6.3 The Municipality agrees that it shall not repeal the Amending By -law pursuant to Section 6.2 if the alleged default is the subject of an arbitration that has been commenced by notice properly given under Section 11.1 of this Agreement. If, following the final disposition of the arbitration mentioned in Section 6.2, the Owner is in default, Section 6.2 thereafter applies. COMPLETION AND UNWINDING 7.1 The “Final Confirmation Date” shall be the second day (not including Saturdays, Sundays or holidays) following the later of: 7.1.1 The Date of Final Approval of the Amending By-law as defined in Section 7.2; and 7.1.2 Such other date as may be agreed to by the Parties, provided that the occurrence of the Final Confirmation Date shall be expressly conditional upon the Amending By-law being approved and in force on the Final Confirmation Date. 7.2 The “Date of Final Approval of the Amending By-law” shall be the first day upon which all provisions of the Amending By-law have come into force, and: 7.2.1 All applicable appeal periods have expired and no appeals have been made to the Ontario Land Tribunal and no Applications to Court have been commenced; or 7.2.2 Any and all appeals to the Ontario Land Tribunal and any and all Applications to Court have been finally disposed of in favour of the Amending By-law, such that a Building Permit(s) could be issued by the Municipality’s Chief Building Official to permit the Development contemplated by the Amending By-law provided that there were no other reasons to warrant a refusal to issue the Building Permit(s). 7.3 On the Final Confirmation Date, the Municipality and/or the Owner shall give written notice to the other Party that the Final Confirmation Date has occurred. 7.4 For the purposes of this Agreement, the term: 7.4.1 “Application to Court” means an application for leave to appeal, an appeal, an application for judicial review, an application to quash pursuant to the Municipal Act, 2001, and an appeal from a Decision Page 1102 of 1156 11 115509057 v13 or Order in respect of any of these applications that is made to a Court. 7.4.2 “Final Disposition” means any of the following events: 7.4.2(1) the entry of an Order of the Ontario Land Tribunal that finally disposes of the Amending By-law by rejecting the Amending By-law or results in certain amendments to the Amending By-law; 7.4.2(2) the entry of an Order of the Ontario Land Tribunal that rejects the Amending By-law or results in certain amendments to the Amending By-law; or 7.4.2(3) the entry of an Order of the Court that finally disposes of an Application to Court by rejecting the Amending By -law or results in certain amendments to the Amending By-law. 7.5 The date of the unwinding of this Agreement (the “Unwinding Date”), should it occur, will be the earlier of: 7.5.1 The date of the Final Disposition of the Amending By-law if the Final Disposition rejects the Amending By-law; and 7.5.2 The date of the expiry of a sixty (60) day period specified in a Notice of Termination which is given pursuant to Sections 7.6, 7.7 or 7.8 of this Agreement. 7.6 If a Final Disposition of the Amending By-law results in the Amending By- law coming into force with modifications or amendments, then within thirty (30) days of the Final Disposition, either Party may give to the other Party sixty (60) days written notice terminating this Agreement (the “Notice of Termination”). Unless the Parties agree otherwise, the Unwinding Date shall occur on the expiry of the sixty (60) day period specified in the Notice of Termination. If a Notice of Termination is not given in accordance with this subsection, the modifications or amendment(s) to the Amending By -law shall be deemed to be a “Permitted Amendment(s)” for the purposes of this Agreement. 7.7 If, as a result of being required to d o so by the Final Disposition of the Amending By-law, Council passes or adopts a modification(s) or amendment(s) to the Amending By-law which is not one of the Permitted Amendments, then, within thirty (30) days from the date of passage of said modification(s) or amendment(s), the Municipality shall give notice to the Owner of the passing or adoption of such modification(s) or amendment(s). Within sixty (60) days’, written Notice of Termination may be given by either Party to the other Party. After Council passes or adopts said modifications or amendments, the Municipality shall give notice thereof to the Owner Page 1103 of 1156 12 115509057 v13 forthwith. Unless the Parties agree otherwise, the Unwinding Date shall occur on the expiry of the sixty (60) day period specified in the Notice of Termination. If a Notice of Termination is not given in accordance with this subsection, the modification(s) or amendment(s) shall be deemed to be a Permitted Amendment for the purposes of this Agreement. 7.8 If the Final Confirmation Date has not occurred on or before two years from the date that Council passes a by-law in the form set out in Schedule “B“, then written Notice of Termination may be given by either Party to the other Party. Unless on or prior to the expiry of sixty (60) days after the date on which the Notice of Termination was given, either the Date of Final Approval of the Amending By-law occurs, or the Parties hereto agree otherwise in writing, the Unwinding Date shall occur on the expiry of the sixty (60) day period. 7.9 The Owner acknowledges and agrees that, without fettering Council in the exercise of its discretionary powers, Council may, on or after the Unwinding Date, repeal the Amending By-law with the object of restoring the zoning by-law provisions applicable to the Site to the state they were in on the day immediately prior to the date of the passing of the Amending By-law. The Owner further agrees that they will not challenge or object to the passing, approval or coming into force of any such rescinding by-law(s). 7.10 On the Unwinding Date, the Director of Finance shall return to the Owner any cash payment or Letter of Credit deposited by the Owner with the Municipality in accordance with this Agreement, without interest. INTENTION OF PARTIES 8.1 The provisions of this Agreement are not intended to operate, nor shall have the effect of operating, to in any way fetter the Council that authorized the execution of this Agreement or any of its successors in the exercise of any of Council’s discretionary powers. Without limiting the generality of the foregoing, such discretionary powers include the power to pass, amend or repeal by-laws; to adopt, amend or rescind official plan amendments; and to approve or withhold approval to permit any demolition, relocation, construction or alteration of any building. JURISDICTION AND SEVERABILITY 9.1 The Parties acknowledge that this Agreement is entered into pursuant to subsection 37(3) of the Planning Act. If a Court of competent jurisdiction, on an application by a party other than the parties hereto, determines that this Agreement is illegal or beyond the power and jurisdiction of the Municipality and if the Owner has not, acting in good faith, commenced the construction of the Development, the Owner agrees that the Amending By-law may be Page 1104 of 1156 13 115509057 v13 repealed by the Municipality and the Owner further agrees not to oppose, or cause to be opposed, the repeal thereof. 9.2 If a Court of competent jurisdiction determines that any individual provision of this Agreement is illegal or beyond the jurisdiction, power or capacity of any Party bound by this Agreement, the provision shall be severed from this Agreement if both Parties agree, and the remainder of the Agreement shall continue in full force and effect, mutatis mutandis. In such case, the Parties agree to negotiate in good faith to make any amendments to this Agreement that are, as a result, necessary to implement the intentions of this Agreement. If the Parties cannot agree that such provision or provisions shall be severed, or if negotiations to amend the Agreement are not successful, the Parties hereto agree that the same shall be settled by Arbitration in accordance with the provisions of Section 16.1 hereof. 9.3 The Parties acknowledge and agree that each is satisfied as to the jurisdiction of the Municipality to pass the Amending By-law. Furthermore, each Party is satisfied as to the jurisdiction, power and capacity of the other to enter into this Agreement. The Parties, therefore, agree that they shall not challenge the jurisdiction, power and capacity of the other Party to enter into this Agreement, nor shall either Party challenge the legality of any provision in this Agreement. The Parties hereto, their successors, assigns, lessees and sub-lessees are and shall be estopped from contending otherwise in any proceeding before a Court of competent jurisdiction. ENUREMENT 10.1 The Parties agree that this Agreement shall enure to the benefit of and be binding upon the Parties and their respective successors and permitted assigns. 10.2 Notwithstanding anything in this Agreement to the contrary, if the Municipality acquires by any means any part of the Site for any municipal purpose, including road widenings, the Municipality shall not thereby become an owner as contemplated herein, nor shall the Municipality be bound by this Agreement as an owner of the Site. 10.3 The Owner agrees that the rights, restrictions, duties, provisos, conditions and obligations herein contained as they apply to the Owner shall run with the Site until they have been fully performed and thereafter shall cease to apply to the Site. When the Owner has fully performed all of their obligations hereunder the Municipality shall provide a full release of this Agreement in registrable form. 10.4 The Parties agree that neither of them can assign or transfer their interest in this Agreement to any other third party without the prior written consent of the other Party, which consent shall not be unreasonably withheld. Page 1105 of 1156 14 115509057 v13 NOTICES 11.1 Any notices to be given under this Agreement shall be in writing and shall be delivered personally or by email transmission only as follows: To the Owner at: 6609 Stanley Nominee Inc. 4728 Dorchester Road Niagara Falls, ON L2E 7H9 Attention: Mr. Jeremia Rudan Telephone: (905) 380-6016 Email: jeremia@smjrhospitality.com With a copy to: Stikeman Elliott LLP 5300 Commerce Court West 199 Bay Street Toronto, ON M5L 1B9 Attention: Mr. Eric Carmona Telephone: (416) 869-5597 Email: ecarmona@stikeman.com To the Municipality at: The Corporation of the City of Niagara Falls P.O. Box 1023, 4310 Queen Street Niagara Falls, ON L2E 6X5 Attention: Director of Planning, Building & Development Telephone: 905-356-7521 Email: planning@niagarafalls.ca The Parties shall immediately notify each other, in writing, of any changes of address or facsimile number from those set out above. 11.2 Notice shall be deemed to have been received by a Party on the date of personal delivery or email transmission. FURTHER ASSURANCES 12.1 The Parties hereto agree that, at all times and from time to time hereafter upon every reasonable written request to do so, they shall make, execute, deliver and cause to be made, executed and delivered all such further acts, deeds, assurances and things as may be required for more effectively Page 1106 of 1156 15 115509057 v13 implementing and carrying out the true intent and meaning of this Agreement. FORCE MAJEURE 13.1 If either Party is bona fide delayed in or prevented from performing any obligation under this Agreement by reason of a labour disruption, civil disturbance, act of God, government laws or directives, or similar impediment, and not caused by its own default and not avoidable by exercise of reasonable effort or foresight, then performance of such obligation is excused for as long as such cause exists. Furthermore, the Party so delayed shall be and is entitled, without being in breach of this Agreement, to carry out such obligation within the appropriate time period after the cessation of such cause. 13.2 Nothing in Section 13.1 shall operate to excuse the Owner from the prompt payment of cash or the delivery of a Letter of Credit to the Municipality in accordance with the terms of this Agreement. REGISTRATION OF AGREEMENT AND CONVEYANCES OF THE SITE 14.1 The Owner consents to the registration of this Agreement, or a notice of it, against the title to the Site at the Owner’s expense. 14.2 The Owner agrees to provide to the Municipality, prior to the registration of this Agreement and at no cost to the Municipality, any postponements that are necessary to ensure that this Agreement, when registered, will have priority over all other interests in the Site, other than the fee simple interest. 14.3 The Owner agrees that it will provide to the Municipality, prior to registration of this Agreement, a solicitor’s title opinion, satisfactory to the Municipality’s solicitor, confirming that this Agreement, when registered, will have priority over all other interests in the Site other than the fee simple interest. 14.4 The Owner shall not convey or transfer ownership in the Site by any means, without the express written consent of the Municipality, which consent shall not be unreasonably withheld. TAXES 15.1 The Owner agrees to pay and fully indemnify the Municipality in respect of any taxes, including taxes under the Excise Tax Act (Goods and Services Tax), Land Transfer Tax, and/or registration fees, associated with the benefit to the Municipality of any facility, service, matter or thing referenced in this Agreement and provided to the Municipality for the benefit of the Municipality by the Owner, including any facility, service, matter or thing required under section 41 of the Planning Act, provided: Page 1107 of 1156 16 115509057 v13 15.1.1 Such indemnity shall be net of any rebate available t o the Municipality; and 15.1.2 The Owner may defend against the imposition of such taxes in the name of the Municipality provided that the Owner may, in such event, elect to pay and satisfy any such claim for taxes and in such event the Municipality shall inform the Owner fully of such claim for taxes and shall offer the Owner every cooperation in the defence of said claim for taxes. ARBITRATION 16.1 If any claim or dispute shall arise with respect to any of the provisions herein, including but not limited to application of the formulae set out herein, or the performance or non-performance by either Party of the provisions hereof, either Party may, by service of a notice in writing to the other Party, require that such claim or dispute be submitted to and settled by a single arbitrator pursuant to the provisions of the Arbitrations Act, 1991, S.O. 1991, c.17, as amended, whose decision shall be conclusive and binding upon the Parties, and judgment shall be rendered thereon provided, however, that the Parties shall continue their performance of the terms and conditions of this Agreement before and during any such arbitration proceeding to the extent possible. The cost of any such arbitration shall be borne equally by the Owner and the Municipality; the Parties shall bear their own legal and consultant costs. COMMENCEMENT 17.1 This Agreement commences on the date shown on the first page hereof. SCHEDULES 18.1 The following Schedules attached to this Agreement are to be read as and shall form part of this Agreement: Schedule “A“ Legal Description of the Site Schedule “B” Amending By-law Schedule “C“ Details of Streetscape Improvements and Streetscape Contributions Schedule “D“ Details of Capital Facilities Contribution Schedule “E“ List of Capital Facilities INTERPRETATION 19.1 The headings in the body of this Agreement have been inserted for convenience of reference only and do not form part of the Agreement. Page 1108 of 1156 17 115509057 v13 19.2 This Agreement shall be construed and enforced in accordance with, and rights of the Parties shall be governed by, the laws of the Province of Ontario and of Canada applicable therein, and shall be treated in all respects as an Ontario contract, and the Parties submit to the jurisdiction of the courts of the Province of Ontario. 19.3 This Agreement shall be construed with all changes in number and gender as may be required by the context. 19.4 Reference to an official of the Municipality in this Agreement is deemed to include a reference to the official of the Municipality who performs the duties of such referenced official from time to time. 19.5 Time is of the essence in this Agreement. 19.6 The failure of the Municipality to require performance by the Owner of any obligation under this Agreement shall not constitute a waiver of performance of said obligation or any other obligation and shall not affect the Municipality’s right to enforce such obligation at a later time. 19.7 This Agreement shall constitute the entire Agreement between the Parties in respect of the subject matter herein contained, and it is agreed that there is no representation, warranty, collateral agreement or condition affecting this Agreement other than as expressed herein. 19.8 This Agreement may only be amended, modified or supplemented by a written agreement signed by all of the Parties hereto. 19.9 Any payment tendered by the Owner pursuant to this Agreement shall be in cash, bank draft or certified cheque and shall be delivered to the Director of Finance, unless provided otherwise in this Agreement. [Signature page follows] Page 1109 of 1156 18 115509057 v13 IN WITNESS WHEREOF the Parties have executed this Agreement by affixing their corporate seals, attested to by the signatures of their duly authorized signing officers. 6609 STANLEY NOMINEE INC. Per: Jeremia Rudan Authorized Signing Officer Per:________________________ Name: Title: I/We have authority to bind the Corporation THE CORPORATION OF THE CITY OF NIAGARA FALLS Per: James M. Diodati Mayor Per:________________________ William G. Matson City Clerk I/We have authority to bind the Corporation Page 1110 of 1156 A - 1 115509057 v13 Schedule “A“ LEGAL DESCRIPTION OF THE SITE PTS OF RANGES 8, 9 & 10 PL 1 STAMFORD SURFACE ONLY, AS IN RO464125 LYING S OF 59R5023; EXCEPT PT 1, 59R10029; CITY OF NIAGARA FALLS PIN: 64351-0142 (LT) Page 1111 of 1156 B - 1 115509057 v13 Schedule B AMENDING BY-LAW Page 1112 of 1156 B- 2 115509057 v13 Page 1113 of 1156 B- 3 115509057 v13 Page 1114 of 1156 B- 4 115509057 v13 Page 1115 of 1156 B- 5 115509057 v13 Page 1116 of 1156 B- 6 115509057 v13 Page 1117 of 1156 B- 7 115509057 v13 Page 1118 of 1156 B- 8 115509057 v13 Page 1119 of 1156 C - 1 115509057 v13 Schedule “C“ STREETSCAPE IMPROVEMENTS 1. The Streetscape Improvements required along the Stanley Avenue and Dunn Street frontages of the property shall be comprised of the following: • Construction of 93 linear metres of a 2 metre wide concrete sidewalk along the Stanley Avenue and 25 linear metres of a 3 metre wide concrete sidewalk along Dunn Street; • Construction of 93 linear metres of a 2 metre wide precast unit paver strip along the Stanley Avenue and 25 linear metres of a 2 metre wide precast unit strip along Dunn Street; • Construction of 10 tree pits and installation of 10 deciduous trees, with a minimum caliper of 50 mm, and associated tree pit covers along the Stanley Avenue; • Construction of 2 tree pits and the installation of 2 deciduous trees, with a minimum caliper of 50 mm and associated tree pit covers, within the precast unit paver strip along Dunn Street; • Installation of vehicular and pedestrian light standards, with associated banners/hanging planters, of a number and in locations to be determined by the Municipality; and • Installation of waste receptacles and benches, of a number and in locations to be determined by the Municipality. All as detailed in the “City of Niagara Falls Streetscape Master Plan and Urban Design Guidelines”, MBTW Group, October 2001, as may be amended by the Municipality. 2. The Streetscape Improvements Contribution is calculated as follows: S = $1,442 x L = $1,442 x 118 metres = $170,156.00 3. The Municipality may request the Owner’s consent to modify any of the above noted improvements and should the Owner consent to consider any such modification, the Municipality shall renegotiate with the Owner if such modifica tions result in the value of the Streetscape Improvements Contribution being an amount other than $170,156.00. Page 1120 of 1156 D - 1 115509057 v13 Schedule “D“ DETAILS OF CAPITAL FACILITIES CONTRIBUTION This Schedule “D” has been included for the purposes of illustrating how the Capital Facilities Contribution is to be calculated at the time of payment pursuant to sections 4.2 and 4.3 of this Agreement. The figures contained in this Schedule are based upon plans provided to the Municipality by the Owner. The final amount of the Capital Facilities Contribution will be determined by reference to the plans that are submitted for the Development pursuant to section 4.3 of this Agreement. For Hotel Floors 56, 65: Cost of construction per square metre $4,575 Total net floor area 1,726 sq. m. Cost of construction above 30 storeys $7,896,450 5% of cost of construction above 30 storeys $394,823 For all other Hotel Floors: Cost of construction per square metre $3,431 Total net floor area 2,881 sq. m. Cost of construction above 30 storeys $10,028,761 5% of cost of construction above 30 storeys $501,438 For Residential Floors: Cost of construction per square metre $2,987 Total net floor area 21,593 sq. m. Cost of construction above 30 storeys $64,498,291 5% of cost of construction above 30 storeys $3,224,915 Page 1121 of 1156 E - 1 115509057 v13 Schedule “E“ SPECIFIED CAPITAL FACILITIES • Niagara Falls Exchange • Portage Prospect (proposed plaza at top of incline railway) • Millennium Trail • Affordable housing initiative Page 1122 of 1156 CITY OF NIAGARA FALLS By-law No. 2022- A by-law to provide for the adoption of Amendment No. 148 to the City of Niagara Falls Official Plan (AM-2022-002). THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS, IN ACCORDANCE WITH THE PLANNING ACT, 1990, AND THE REGIONAL MUNICIPALITY OF NIAGARA ACT, HEREBY ENACT AS FOLLOWS: 1. Amendment No. 148 to the City of Niagara Falls Official Plan, constituting the attached text and map, is hereby adopted. Read a First, Second and Third time; passed, signed and sealed in open Council this Xth day of August, 2022. ........................................................ ...................................................... BILL MATSON, CITY CLERK JAMES M. DIODATI, MAYOR S:\OFFICIAL.PLN\AMEND\#148 - 3770 Montrose Road\By-law - OPA 148.docx Page 1123 of 1156 OFFICIAL PLAN AMENDMENT NO. 148 PART 1 – PREAMBLE (i) Purpose of the Amendment The purpose of the amendment is to allow for the redevelopment of the land as a mix of semi-detached, townhouse, and apartment housing forms. The subject lands are approximately 5.4 hectares in size and are located on the east side of Montrose Road, north of Thorold Stone Road, municipally known as 3770 Montrose Road. (ii) Location of the Amendment The amendment applies to lands shown as Special Policy Area 83 on Schedule A – Future Land Use to the City’s Official Plan. (iii) Details of the Amendment Map Changes MAP 1 - Schedule “A” to the Official Plan – Future Land Use has been amended to show the Special Policy Area designation. Text Change PART 2, SECTION 13 – SPECIAL POLICY AREAS, is amended by the addition of Subsection 13.83. (iv) Basis of the Amendment The applicant (Cassone Dwellings (BT) Inc.) propose to utilize an area of 5.4 hectares for a 275 residential unit development with a mix of semi-detached, townhouse and apartment housing forms. The subject lands are designated Major Commercial as shown on Schedule A – Future Land Use of the City’s Official Plan. The amendment meets the intent of the Official Plan as it is proposed at a permitted density and height, the commercial uses on the land have been deemed to be in excess of demand, it provides suitable compatibility to the surrounding neighbourhood, it provides an active street presence along Montrose Road and the abutting commercial plaza, it does not interfere with the established commercial traffic flow, adequate landscaping and open space is provided, and the existing municipal services are adequate. S:\OFFICIAL.PLN\AMEND\#148 - 3770 Montrose Road\Preamble - OPA 148.docx Page 1124 of 1156 PART 2 - BODY OF THE AMENDMENT All of this part of the document entitled PART 2 - BODY OF THE AMENDMENT, consisting of the following text and attached map, constitute Amendment No. 148 to the Official Plan of the City of Niagara Falls. DETAILS OF THE AMENDMENT The Official Plan of the City of Niagara Falls is hereby amended as follows: 1. MAP CHANGE The "Area Affected by this Amendment", shown on the map attached hereto, entitled "Map 1 to Amendment No. 148", shall be identified as Special Policy Area 83 on Schedule A – Future Land Use the Official Plan. 2. TEXT CHANGE a. PART 2, SECTION 13 – SPECIAL POLICY AREAS, is hereby amended by adding the following subsection: 13.81 SPECIAL POLICY AREA “83” Special Policy Area “83” applies to approximately 5.4 hectares of land located on the east side of Montrose Road, north of Thorold Stone Road, municipally known as 3770 Montrose Road. The lands are designated as Major Commercial on Schedule “A” to the Official Plan. Notwithstanding the general commercial policies contained in Part 2, Section 3.5.3, where commercially designated lands are in excess of demand, zoning by-law amendments for a mix of semi-detached, townhouse and apartment dwellings as a form of residential intensification may be considered provided the general criteria of Part 2, Section 3.5.3.1 – 3.5.3.6 are satisfied. S:\OFFICIAL.PLN\AMEND\#148 - 3770 Montrose Road\PART 2 BODY - OPA 148.docx Page 1125 of 1156 M o n a s t e r y D r Queen Elizabeth WyCambridge St RollingAcres Cr McColl Dr Trinity Ct Oxford St St Augustine Cr Montrose RdWiltshire BvM o u n t C a rm e lB v S o u t h W o o d DrCame r o n C t Bernadette Cr T horold Stone Rd K:\GIS_Requests\2022\Schedule\OP_Sched\Zoning_OP.aprx 7/15/2022 MAP 1 TO AMENDMENT NO. 148 SCHEDULE A TO THE OFFICIAL PLAN Environmental Conservation Area Industrial Major Commercial Residential City of Niagara Falls Official Plan Excerpt from SCHEDULE - A - FUTURE LAND USE Note: This schedule form part of Amendment No. 148 to the Official Plan for the City of Niagara Falls and it must be read in conjunction with the written text. ¯ AM-2022-002 Area Affected by this Amendment Proposed Change To: Special Policy Area "83" 83 Page 1126 of 1156 CITY OF NIAGARA FALLS By-law No. 2022- A by-law to amend By-law No. 79-200, to permit the use of the lands for 26 semi- detached dwelling units, 109 townhouse dwelling units, and 140 apartment (stacked townhouse) dwelling units subject to the removal of a holding (H) symbol (AM-2022- 002). THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The Lands that are the subject of and affected by the provisions of this by-law are described in Schedule 1 of this by-law and shall be referred to in this by-law as the “Lands”. Schedule 1 is a part of this by-law. 2. The purpose of this by-law is to amend the provisions of By-law No. 79-200, to permit the use of the Lands in a manner that would otherwise be prohibited by this by-law. In the case of any conflict between a specific provision of this by -law and any existing provision of By-law No. 79-200, the provisions of this by-law are to prevail. 3. Notwithstanding any provision of By-law No. 79-200 to the contrary, the following uses and regulations shall be the permitted uses and regulations governing the permitted uses on and of the Lands. 4. The permitted uses shall be the uses permitted in the R4 zone plus semi- detached dwellings. 5. The regulations governing the permitted uses shall be: (a) Minimum lot area: (i) For an apartment dwelling (ii) For a townhouse dwelling (iii) For a semi-detached dwelling 74 square metres for each dwelling unit 210 square metres for each dwelling unit 234 square metres for each dwelling unit (b) Minimum front yard depth: (i) For an apartment dwelling 3 metres plus any applicable distance specified in section 4.27.1 of By-law No. 79-200 Page 1127 of 1156 2 (ii) For a townhouse dwelling (iii) For a semi-detached dwelling 36 metres plus any applicable distance specified in section 4.27.1 of By-law No. 79-200 36 metres plus any applicable distance specified in section 4.27.1 of By-law No. 79-200 (c) Minimum rear yard depth: (i) For an apartment dwelling (ii) For a townhouse dwelling (iii) For a semi-detached dwelling 17.0 metres 55.0 metres 28.0 metres (d) Minimum interior side yard width: (i) For an apartment dwelling (ii) For a townhouse dwelling (iii) For a semi-detached dwelling 5.5 metres to the north property line 1.2 metres to the south property line 36.5 metres 3.1 metres to the west interior lot line 7.0 metres to all other interior lot lines (e) Minimum privacy yard depth as measured from the exterior rear wall of every dwelling unit: (i) For a townhouse dwelling (ii) For a semi-detached dwelling 5.5 metres 7.0 metres (f) Minimum landscaped open space 77 square metres for each dwelling unit (g) Maximum height of a building or structure 11 metres subject to Section 4.7 of By-law No. 79-200 Page 1128 of 1156 3 (h) Minimum setback from the Q.E.W. right-of-way for all buildings, structures, required parking spaces, and private swimming pools 14 metres (i) The balance of regulations specified for an R4 use. 6. All other applicable regulations set out in By-law No. 79-200 shall continue to apply to govern the permitted uses on the Lands, with all necessary changes in detail. 7. No person shall use the Lands for a use that is not a permitted use. 8. No person shall use the Lands in a manner that is contrary to the regulations. 9. The holding (H) symbol that appears on Schedule 1 attached hereto is provided for in the City of Niagara Falls Official Plan pursuant to Section 36 of the Planning Act. No person shall use the Lands described in section 1 of this by -law and shown hatched and designated R4(H) and numbered 1187 on the plan Schedule 1 attached hereto for any purpose, prior to the H symbol being removed pursuant to the Planning Act. Prior to the H symbol being removed, the landowner or developer shall file a Record of Site Condition on the Ministry of Environment, Conservation and Parks Brownfields Environmental Site Registry, in accordance with O.Reg. 153/04, and provide a copy of the Ministry’s acknowledgement of the filing of the Record of Site Condition to the satisfaction of the Niagara Region. 10. The provisions of this by-law shall be shown on Sheets B3 of Schedule “A” of By- law No. 79-200 by redesignating the Lands from SC and numbered 724 to R4(H) and numbered 1187. 11. Section 19 of By-law No. 79-200 is amended by adding thereto: 19.1.1187 Refer to By-law No. 2022-___. Read a First, Second and Third time; passed, signed and sealed in open Council this 9th day of August, 2022. ....................................................................... ..................................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR S:\ZONING\AMS\2022\AM-2022-002 Montrose Road, 3770\By-law\Bylaw - AM-2022-002.docx Page 1129 of 1156 SCHEDULE 1 TO BY-LAW NO.2022- Subject Lands:AV ThoroldStone Rd Amending Zoning By-law No.79-200 Description:PCL 62-1 SEC 59-STAMFORD;PT TWP LT 71 AND PT TWP LT 62 STAMFORD PT 7, 59R7092;NIAGARA FALLS PIN:64293-0406 (LT) Applicant:Cassone Dwellings (BT)Inc.It Assessment #:272510000302801 AM-2o22-oo2 K:\GIS_Requests\2022\Schedu|e\Zoning\002\Zoning_AM—2022-002.apr><7/21/2022 Page 1130 of 1156 CITY OF NIAGARA FALLS By-law No. 2022 - A by-law to designate Lot 15, Registered Plan No. 82, not to be subject to part-lot control (PLC-2022-013). 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, to permit semi-detached dwellings; AND WHEREAS the owner of the said lands proposes to divide Lot 15, Registered Plan No. 82, into 2 parcels for 2 semi-detached dwelling 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 Lot 15, Registered Plan No.82, 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 9th day of August, 2022. ........................................................... ............................................................. WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR S:\PART LOT CONTROL\2022\z PLC-2022-13 - DEVELOPMENT (BLOCKS or LOTS)\5. By-law\By-law - PLC-2022-013.docx Page 1131 of 1156 CITY OF NIAGARA FALLS By-law No. 2022 - A by-law to designate Lot 16, Registered Plan No. 82, not to be subject to part-lot control (PLC-2022-014). 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, to permit semi-detached dwellings; AND WHEREAS the owner of the said lands proposes to divide Lot 16, Registered Plan No. 82, into 2 parcels for 2 semi-detached dwelling 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 Lot 16, Registered Plan No. 82, 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 9th day of August, 2022. ........................................................... ............................................................. WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR S:\PART LOT CONTROL\2022\PLC-2022-14 - 4590-4598 LEE AVE \5. By-law\By-law - PLC-2022-014.docx Page 1132 of 1156 CITY OF NIAGARA FALLS By-law No. 2022 - A by-law to designate Blocks 107 & 108, Registered Plan 59M-484, not to be subject to part-lot control (PLC-2022-015). 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, to permit on-street townhouse dwellings; AND WHEREAS the owner of the said lands proposes to divide Block 107, Registered Plan 59M-484, into 6 parcels for 4 on-street townhouse units, a future 4 unit townhouse block, and a parcel for stormwater easement purposes, and Block 108, Registered Plan 59M-484, into 5 parcels for 5 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 107 & 108, 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 9th day of August, 2022. ........................................................... ............................................................. WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR S:\PART LOT CONTROL\2022\PLC-2022-15 - FORESTVIEW ESTATES (BLOCKS 107 & 108)\5. By-law\By-law - PLC-2022-015.docx Page 1133 of 1156 CITY OF NIAGARA FALLS By-law No. 2022- A by-law to provide for the adoption of Amendment No. 135 to the City of Niagara Falls Official Plan (AM-2019-015). THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS, IN ACCORDANCE WITH THE PLANNING ACT, 1990, AND THE REGIONAL MUNICIPALITY OF NIAGARA ACT, HEREBY ENACT AS FOLLOWS: 1. Amendment No. 135 to the City of Niagara Falls Official Plan, constituting the attached text and map, is hereby adopted. Read a First, Second and Third time; passed, signed and sealed in open Council this 9th day of August, 2022. ........................................................ ...................................................... BILL MATSON, CITY CLERK JAMES M. DIODATI, MAYOR S:\OFFICIAL.PLN\AMEND\#135 - 6605 Stanley\By-law - OPA 135.docx Page 1134 of 1156 PART 2 – BODY OF THE AMENDMENT All of this part of the document entitled PART 2 – BODY OF THE AMENDMENT, consisting of the following text and map, constitute Amendment No. 135 to the Official Plan of the City of Niagara Falls. DETAILS OF THE AMENDMENT The Official Plan of the City of Niagara Falls is hereby amended as follows: 1. MAP CHANGE The “Subject Land” shown on the map attached hereto, entitled Map 1 to Official Plan Amendment No. 135,” shall be identified as “Subject to Policy 4.6.11(g),” on Figure 4 of PART 2, SECTION 4 – TOURIST COMMERCIAL of the Official Plan. The "Subject Land", shown on the map attached hereto, entitled "Map 2 to Official Plan Amendment No. 135" shall be identified as Special Policy Area "76" on Schedule "A" of the Official Plan. 1. TEXT CHANGES PART 2, SECTION 4 – TOURIST COMMERCIAL, is hereby amended by adding the following new subsection: 4.6.11(g) Notwithstanding the policies of PART 2, section 4.4.3, and further to the policies of PART 2, section 4.4.4 and PART 4, section 4.5.1, Council may pass a zoning by-law to permit the development of mixed use building and associated ancillary uses on the lands. The building shall not exceed 72 storeys or 255 metres in height. The amending zoning by-law shall specifically regulate the development in terms of permitted uses, building heights and storeys, setbacks, floor areas and parking. To ensure wind speeds meet acceptable safety criterion on abutting sidewalks and streets, the amending by-law shall contain a holding (H) regulation requiring the submission of a microclimate study to the satisfaction of the City and Regional Municipality of Niagara. Subject to this specific development policy, the following services, facilities and matters may be provided under an agreement pursuant to section 37 of the Planning Act for any portion of the building in excess of 30 storeys: i) the contribution of facilities and/or cash to the City, in the amount based on the cost of construction per square metre x the area of each floor capable of being occupied above 30 storeys x 5%, to be used for the capital facilities of one or Page 1135 of 1156 2 more of the following project as determined by Council that are beyond those that would otherwise be provided under the Planning Act or the Development Charges Act: • The development of the Niagara Falls Exchange • The development of Portage Prospect (proposed plaza at the top of the incline railway) • Improvements to or expansion of the Millennium Trail or other recreational trail approved by the City • The development or provision of affordable housing ii) The provision of an architectural design for both the tower and podium components, including, but not limited to, surface articulation, exterior material, roof structure, pedestrian-scale uses, and design of the public realm satisfactory to the Director of Planning, Building & Development. Such services, matters and facilities shall be described in the implementing zoning by-law and secured through appropriate legal agreements executed under section 37 of the Planning Act to the satisfaction of the City prior to the passing of the implementing zoning by-law. In order to provide for the implementation of these policies, the section 37 agreement shall be executed by the applicant and be ready for registration on title by the City Solicitor prior to the passage of the amending zoning by-law. PART 2, SECTION 13 – SPECIAL POLICY AREAS is hereby amended by adding the following new subsection: 13.76 SPECIAL POLICY AREA “76” Special Policy Area “76” applies to approximately 0.8 hectares of land located on the east side of Level Avenue, south of and including a portion of the right-of-way of Dixon Street. The lands are designated Residential on “Schedule “A” to the Official Plan. Notwithstanding the policies of PART 2, section 1 – Residential, a tourist commercial satellite parking garage shall be permitted on the lands, subject to the following policies: The property shall be linked to lands subject to the policies of PART 2 Section 4.6.11(g) – Tourist Commercial Official Plan Amendment, by a site specific zoning by-law, in order to ensure that the satellite Page 1136 of 1156 3 parking garage is utilized primarily for uses on 6605 Stanley Avenue. To ensure surrounding residential properties are not adversely impacted by the proposed parking garage: a) A setback consistent with the built form of Level Avenue shall be provided, and the portion of the land between the parking garage and Level Avenue shall be landscaped. b) Vehicular access shall not be permitted from Level Avenue. c) The height of the parking garage shall be limited in the amending zoning by-law. d) The parking garage shall be designed in a manner to complement the residential character of the residential neighbourhood. The development of the parking garage shall be subject t o site plan control and a site plan agreement registered on title in order to address the following matters so as to minimize the impacts on the surrounding residential land uses: a) Grading and stormwater management shall be designed to mitigate impacts on surrounding properties and streets. b) Lighting impacts on surrounding properties will be demonstrated to be mitigated through a photometric analysis. c) Landscaping and buffering treatments shall be used to screen the adjacent residential properties from the parking garage and to complement the residential character of adjacent properties. S:\OFFICIAL.PLN\AMEND\#135 - 6605 Stanley\Body OPA 135.docx Page 1137 of 1156 CITY OF NIAGARA FALLS By-law No.2022- A by-law to amend By—|awNo.79-200 to permit the construction of a mixed use building of up to 72 storeys subject to the removal of a holding (H)provision,to permit a portion of the required parking to be provided off—site,and to repeal By-law No.2000-153 (AM—2019~015). WHEREAS the City’s Official Plan contains policies to ensure the creation of a high—qua|ity built form and urban environment in the City’s tourist districts and to provide the opportunity to approve zoning by-law amendments which permit increases in building heights in return for improvements to the public realm as authorized by Section 37 of the Planning Act; AND WHEREAS,pursuant to Section 37 of the Planning Act,the Council of a local municipality may,in a by-law passed under Section 34 of the Planning Act,authorize increases in the height or density of development othen/vise not permitted by the existing by-law that will be permitted in return for the provision of such facilities,services or matters as are set out in the amending by- law; AND WHEREAS,Subsection 37(3)of the Planning Act provides that,where an owner of land elects to provide facilities,services or matters in return for an increase in the height or density of development,the municipality may require the owner to enter into one or more agreements with the municipality dealing with the facilities,services or matters; AND WHEREAS the owner of the Lands that are the subject of this by-law has elected to provide the facilities,services and matters set out in this by-law; AND WHEREAS the increase in the height of development permitted hereunder,beyond that othenlvise permitted on the Lands by By—lawNo.79-200,is to be permitted in return for the provision of facilities,services and matters set out in this by-law and secured by one or more agreements between the owner of the Lands and the City; AND WHEREAS the City requires the owner of the Lands to enter into one or more agreements dealing with certain facilities,services and matters in return for the increase in height in connection with the Lands as permitted; AND WHEREAS City Council has held a Public Meeting to consider these matters,including an increase in height; AND WHEREAS City Council has adopted Official Plan Amendment No.135,which permits the development of a mixed use building with a maximum building height of 72 storeys and 255 metres,subject to a satisfactory architectural design and the provision of facilities,services or matters under an agreement executed pursuant to Subsection 37(3)of the Planning Act. 1.The Lands that are the subject of and affected by the provisions of this by-law aredescribedinSchedules1,2 and 3 of this by-law and shall be referred to in this by-law asthe“Lands”.Schedules 1,2 and 3 are a part of this by-law.2.The lands shall be identified as three parcels,known as Parcels TC(H)—1112,P—1113andP—1114.Page 1138 of 1156 3.The purpose of this by-law is to amend the provisions of By-law No.79-200,to permit the use of the Lands in a manner that would otherwise be prohibited by that by-law.In the case of any conflict between a specific provision of this by-law and any existing provision of By-law No.79-200,the provisions of this by-law are to prevail. 4.Notwithstanding any provision of By-law No.79-200 to the contrary,the following uses and regulations shall be the permitted uses and regulations governing the permitted uses on and of the Lands. 5.The permitted uses shall be: (8) (b) (C) For Parcel TC(H)-1112,the uses permitted in a TC zone and dwelling units in combination with one or more of the uses permitted in the TC zone,provided that not more than 75%of the total floor area of such building is used for dwelling units and that such dwelling units are located above the top floor of the podium except for entrances thereto For Parcel P-1113,a parking area For Parcel P-1114,a parking structure 6.The regulations governing the permitted uses on Parcel TC(H)-1112 shall be: (8)Minimum lot area the whole of Parcel TC(H)-1112,save and except for any part that may be required to be dedicated for the purpose of road widening (b)Location of a building or structure,its maximum height and maximum number of storeys and minimum yards refer to Schedule 3 and clause (d)of this section Maximum lot coverage none (d)Maximum height of a building or structure and maximum number of storeys 255 metres and a maximum of 72 storeys, as measured from Geodetic Survey of Canada elevation 199.25 metres,which shall include a roof feature.The roof feature shall be a distinct architectural element of the building Maximum gross leasable floor area 67,850 square metres (1)Maximum gross floor area ofastoreyabovethe6"‘storey 900 square metres(9)Minimum number of parkingspaces(i)For a dwelling unit(ii)For all other uses 1.25 spaces per dwelling unitInaccordancewithSection4.19.1 of By-lawPage 1139 of 1156 No.79-200 (h)Location of parking a maximum of 490 required parking spaces that cannot be provided on Parcel TC(H)- 1112 shall be provided on Parcels P—1113 and P-1114 (i)Minimum number of loading spaces 3 Minimum length of a parking space 6 metres,save and except for 12 parking spaces which may be 5.65 metres (K)Minimum width of a maneuvering aisle adjacent to a parking space(s)with a reduced length in accordance with clause (i)of this section 6.2 metres (1)The balance of regulations specified for a TC use 7.The regulations governing the permitted use of Parcel P-1113 shall be: (8)Expiry of Lease should the owner or occupant of Parcel TC(H)—1112 have the license for Parcel P- 1113 terminated by Ontario Power Generation lnc.or any successor,the owner or occupant of TC(H)~11 12 shall provide the necessary required parking spaces in another location that is both appropriately zoned and acceptable to the City of Niagara Falls within 180 days of the date of the termination of said license. (b)The balance of regulations specified for a P use 8.The regulations governing the permitted use of Parcel P-1114 shall be: (8)Minimum building setbacks (i)from the Level Avenue Right of (ii)from the south limitofParcelP-1114(iii)from all other lotlines 7.5 metres 12 metres0metres(b)Maximum height of building orstructure 13 metres subject to section 4.7 of By—lawNo.79-200Page 1140 of 1156 (0)Minimum Landscaping a 7.5 metre wide strip adjacent and parallel to the Level Avenue Right-of-way 9. 10. 12. (8)The balance of regulations specified for a P use The owner of the Lands,save and except for Parcel P-1113,is required,pursuant to subsection 37(3)of the Planning Act,to enter into one or more agreements with the City in order to secure the facilities,services and matters referred to in section 9 of this by- law and such agreements are to be registered on title. The height of the buildings or structures permitted by section 5 of this by-law shall only be permitted subject to compliance with the conditions set out therein and in return for the owner of the Parcel TC(H)-1112 providing the following facilities,services and matters to the City,namely: (8) (b) the contribution of facilities and/or cash to the City,in the amount based on the cost of construction per square metre multiplied by the area of each floor capable of being occupied above 30 storeys multiplied by 5%,to be used for the capital facilities of one or more of the following projects as determined by Council that are beyond those that would othenNise be provided under the provisions of the Planning Act or the Development Charges Act: 0 Niagara Falls Exchange: 0 Portage Prospect 0 Millennium Trail or other recreational trail approved by the City -The development or provision of affordable housing. in accordance with an agreement entered into pursuant to section 9 of this by- law; streetscape improvements to the street frontage along Stanley Avenue and Dunn Street adjoining the lands,inclusive,but not necessarily limited to sidewalks, street trees,street furniture,street lighting and landscaping,not covered by development charges and 2%parkland dedication,as detailed in the City’s Tourist Area Streetscape Master Plan;and the provision of an architectural design for the buildings including,but not limited to,surface articulation,exterior materials,roof feature,pedestrian—scale uses, and design of the public realm satisfactory to the Director of Planning,Building & Development,in accordance with an agreement entered into pursuant to section 9 of this by-law. matters required by an agreement entered into pursuant to section 9 of this by-law areprovided.For the purposes of this by-law:“parking structure”means a structure for the temporary parking of vehicles.Page 1141 of 1156 5 “roof feature”means a distinct architectural element erected above the top storey and shall be provided for the purposes of enhancing the design of the building and may enclose any roof mounted mechanical equipment,mechanical penthouses,or other similar elements.Notwithstanding section 4.7 of By-law No.79-200,and except for any flagpoles,or other similar decorative roof features,and radio,telephone,television or telecommunication towers or antennae,no water tank,elevator or other mechanical penthouse shall have a height greater than the roof feature. 13.All other applicable regulations set out in By-law No.79-200 shall continue to apply to govern the permitted uses on the Lands,with all necessary changes in detail. 14.No person shall use the Lands for a use that is not a permitted use. 15.No person shall use the Lands in a manner that is contrary to the regulations. 16.The holding (H)symbol that appears on Schedule 1 attached hereto is provided for in the City of Niagara Falls Official Plan pursuant to section 36 of the Planning Act.No person shall use Parcel TC(H)-1112 for any purpose,prior to the H symbol being removed pursuant to the Planning Act.Prior to the H symbol being removed,the owner shall (a)complete a microclimate study to the satisfaction of the City and the Regional Municipality of Niagara which demonstrates wind speeds at the pedestrian level meet all applicable safety criterion;and (b)complete all agreements to secure the property rights necessary to facilitate the development of Parcel TC(H)-1112 as contemplated under this by-law,subject to the reservation and/or grant of such easements,rights-of-way,and covenants as may be required by each of the parties in connection with (1)such development,and (2)any subsurface infrastructure owned and maintained by the City. 17.The provisions of this By-law shall be shown on Sheets C5 and D5 of Schedule “A”of By-law No.79-200 by redesignating the Lands from TC and numbered 506 to TC(H)and numbered 1112,in part,from P and numbered 514 and 515 to P and numbered 1113,in part,and from R2 to P and numbered 1114,in part. 18.Section 19 of By-law No.79-200 is amended by adding thereto: 19.1.1112 Referto By-law No.2022- 19.1.1113 Referto By-law No.2022- 19.1.1114 Refer to By-law No.2022- 19.None of the provisions of By-law Nos.2000-127 and 2000-128 shall continue to apply to 20.By-law No.2000-153 is repealed and section 19.1.506 of By-law No.79-200 is deleted.Read a first,second and third time;passed,signed and sealed in open Council this ninthdayofAugust,2022.WILLIAMG.MATSON,CITY CLERK JAMES M.DIODATI,MAYORS:\ZON|NG\AMS\2019\By-laws\Byam015.docxPage 1142 of 1156 SCHEDULE 1 TO BY-LAW NO.2022- Subject Lands: AmendingZoning By-law No.79-200 Description:PTS OF RANGES8,9 &10 PL 1 STAMFORDSURFACEONLY,As IN RO464125 LYING 5 OF 59R5023;EXCEPTPT 1,59R10029;NIAGARAFALLS PIN:64351-0142(LT) Applicant:6609 Stanley Nominee Inc.NTSAssessment#:2725070003042OO AM-2019-015K:\GIS_Requests\2019\S<;hedu|e\Zoning\15\Zon|ng_by|aw_AM2019_015_Sched_1.mxd 7/28/2022Page 1143 of 1156 SCHEDULE 2 TO BY-LAW NO.2022- Subject Lands: Amending Zoning By-law No.79-200 Description:PT RANGE8 PL 1 STAMFORDAS IN ST12216,EXCEPTST16070,RO464125 &RO480404; PT RANGE9 PL 1 AS IN ST 12216,EXCEPTST16070,RO464125 &480404;PT RANGE10 PL 1 STAMFORDAS IN ST12412,EXCEPTST16070,RO464125,RO480404,PTS 3 &4 59R5023;PT RANGE11 PL 1 STAMFORDAS IN ST 10012,EXCEPTST16070,RO480404 & PTS 1-4 59R5023;PT RANGE12 PL 1 STAMFORDAS IN ST 11924 EXCEPTST16070,PT 5 59R3013 &RO734449;EXCEPTPT 1 SN104740;NIAGARAFALLSPIN:64351-0160 (LT) LT49 PL 36 STAMFORD;LT 50 PL 36 STAMFORD;LT 51 PL 36 STAMFORD;NIAGARAFALLS PIN:64351-0097 (LT)LT 52 PL 36 STAMFORD;LT 53 PL 36 STAMFORD;LT 54 PL 36 STAMFORD;LT 55 PL 36 STAMFORD;LT 56 PL 36 STAMFORD;NIAGARAFALLS PIN: 64351-0101 (LT)LT 48 PL 36 STAMFORD;NIAGARAFALLSPIN:64351-0096(LT)LT 47 PL PART OF DIXONST PL 1 STAMFORDLYINGBTNORCHARDAV &STANLEYAVE,EXCEPTPT2SN104739;NIAGARAFALLSPIN:PARTOF 64351-0154 (LT)Applicant:6609 Stanley Nominee Inc.Assessment #:272507000300200,272507000305900,272507000306000,yt272507000303500,272507000303800,Part 272507000313000 ntsAM-2019-015K:\GIS_Requests\2019\Schedu|e\Zoning\15\ZonIng_bylaw_AM2019_015_Sched_2.mxd 7/28/2022Page 1144 of 1156 SCHEDULE 3 TO BY-LAW NO.2022- Subject Lands:SEER 994999999§VVVVV ~¢@Q@@QQ@¢ VVVVVVVVVV-9999 9«9 9 9 9 9’9’9‘9’99vqggpgggggg---i pq?????g 4 §VVVV% ~:~:v:°:~:°__.. em 9¢¢¢ggggg______ O O.0.0.:.0.0OOOO 1‘ E§g¢g¢g¢;9m--—:3 00000099.0..0.000009999§?????????i&&&&&p99933999599 9 Maximum Nmof Ma?mum ‘\ T°W9"Storeys Height I 72 255m 999§ %%%¢@% 9999. 9«ism E NI1 *3 «. Amending Zoning By-law No.79-200 Description:PTS OF RANGES8,9 &10 PL 1 STAMFORDSURFACEONLY,AS IN RO464125 LYING S OF 59R5023;EXCEPTPT 1,59R10029;NIAGARAFALLS PIN:64351-0142(LT) Applicant:6609 Stanley Nominee Inc.NTSAssessment#:27250700030420O AM-2o19-o15K:\GIS_Requests\20l9\Schedu|e\Zonlng\15\Zoning_AM_2019_015\Zoning_AM__20l9_015.aprx 7/29/2022Page 1145 of 1156 CITY OF NIAGARA FALLS By-law No. 2022- A by-law to amend By-law No. 79-200, to introduce new definitions and regulatory provisions for a community garden (AM-2022-003). THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. SECTION 2 – DEFINITIONS of By-law No. 79-200 is amended by adding the following definition: “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. 2. SECTION 4 - GENERAL PROVISIONS of By-law No. 79-200 is amended by adding the following: “4.39 COMMUNITY GARDEN: Nothing in this by-law shall prevent the use of any land for a community garden, save and except for land within an EPA or a HL zone. Read a First, Second and Third time; passed, signed and sealed in open Council this 9th day of August, 2022. ....................................................................... ..................................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR S:\ZONING\AMS\2022\Byam003.docx Page 1146 of 1156 CITY OF NIAGARA FALLS By-law No. 2022- A by-law to amend By-law No. 79-200, to introduce new definitions and regulatory provisions (AM-2022-003). THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. SECTION 2 – DEFINITIONS of By-law No. 79-200 is amended as follows: (a) by deleting all subsection numbers and ordering all definitions in alphabetical order: (b) by adding the following 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 simi lar 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 buff er adjacent properties or to provide snow storage.” “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.” (c) by deleting the definition “LOT FRONTAGE” and replacing it with the following: “"LOT FRONTAGE" means the horizontal distance between the side lot lines measured along a public street; where a lot is a corner lot, the lesser lot line shall be deemed the lot frontage, provided that, where a corner lot has the same dimensions on the two streets upon which it abuts, the frontage abutting the street upon which the building or structure erected or to be erected has its principal entrance shall be deemed to be the frontage; 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 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 1147 of 1156 2 (d) by deleting the definition “GROUP DWELLINGS” and replacing it with the following: "GROUP DWELLINGS" means an arrangement on the same lot of two or more townhouse dwellings, apartment dwellings, stacked townhouse dwellings or a combination thereof.” 2. Clause (c) of Section 4.4 PUBLIC SERVICES is deleted and replaced with the following: “(c) any building to be erected for any of the above purposes shall be erected in general conformity with the regulations set forth in this By-law in respect of the zone in which such building is located, provided that for the purpose of this clause building shall not include a kiosk, gazebo, shelter or similar structure to be erected on a street with the approval of The Corporation of the City of Niagara Falls and, where such street is under the jurisdiction and control of another road authority, the approval of such road authority;” 3. Section 4.14 YARDS is deleted and replaced with the following: 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 (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; Page 1148 of 1156 3 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. subject to section 4.27.1, 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. 4. Subclause (v) of Clauses (a) and (b) of Section 4.19.3 PARKING IN YARDS of By- law No. 79-200 is amended by the addition of the following at the end of the paragraph: “This subclause shall not apply to 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 o r pavement edge of a public street to which the driveway is accessed from a minimum distance of 5 metres.” 5. Clause (c) of Section 4.19.3 PARKING IN YARDS is deleted and replaced with the following: “(c) 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. Page 1149 of 1156 4 (iii) Any such decorative wall or fence shall be located a minimum of 1 metre inside the abutting street line; (iv) Where a daylighting triangle is required, no such decorative wall or decorative fence shall be located within such daylighting triangle. 6. Section 4.20.1 LOADING AREAS – REQUIREMENTS is amended by deleting the schedule after the words “The following is the schedule referred to” and replacing it with the following: Floor Area of Building or Structure Minimum Number of Loading Spaces Up to and including 300 sq. m. 0 Over 300 sq. m but not exceeding 3,700 sq. m. 1 Over 3,700 sq. m but not exceeding 9,300 sq. m 2 Over 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 7. “SECTION 4 - GENERAL PROVISIONS of By-law No. 79-200 is amended by adding the following: “4.40 TECHNICAL REVISIONS TO BY-LAW NO. 79-200: Revisions may be made to By-law No. 79-200 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.” “4.41 MEASUREMENTS: All measurements of length, area or height used in this By-law shall be subject to the normal rules of rounding Page 1150 of 1156 5 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 measurement 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 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. “4.42 AMENITY AREAS FOR APARTMENT DWELLINGS 4.42.1 Within the R4, R5A, R5B, R5C, R5D, R5E and R5F zones a minimum amenity area of 20 square metres per dwelling unit shall be provided. 4.42.2 Section 4.42.1 shall not apply to an apartment dwelling for which, prior to By-law No. 2022-xx coming into force, a complete application for amendment to the zoning by-law has been made under Section 34(10.2) of the Planning Act, R.S.O. 1990, has submitted drawings under Section 41(4) of the Planning Act, R.S.O.1990 or for which an amendment to the zoning by-law has come into effect under Sections 34(21) or (30) of the Planning Act, R.S.O. 1990. 8. Section 5.7 SPECIAL BUILDING SETBACK is deleted and replaced with the following: “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 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.” 9. Section 7.8.2. REGULATIONS is deleted and replaced with the following 7.8.2 REGULATIONS: No person shall within any R3 Zone use any land or use any building or structure except in accordance with the provisions of sections 4 and 5 and the following regulations: Page 1151 of 1156 6 (a) Minimum lot area (i) for a detached dwelling (ii) for a semi-detached dwelling or a duplex dwelling (iii) for an on-street townhouse dwelling (iv) for a triplex dwelling (v) for a quadruplex dwelling 300 square metres 450 square metres 160 square metres for each dwelling unit 740 square metres 940 square metres (b) Minimum lot frontage (i) for a detached dwelling on an interior lot (ii) for a detached dwelling on a corner lot (iii) (for a semi-detached dwelling or a duplex dwelling on an interior lot (iv) for a semi-detached dwelling or a duplex dwelling on a corner lot (v) for an on-street townhouse dwelling (vi) for a triplex dwelling on an interior lot (vii) for a triplex dwelling on a corner lot (viii) for a quadruplex dwelling on an interior lot (ix) for a quadruplex dwelling on a corner lot 10 metres 12 metres 15 metres 17 metres 6 metres for each dwelling unit 21 metres 22.5 metres 24 metres 25.5 metres (c) Minimum front yard depth (i) for a dwelling or dwelling unit (ii) for a private garage with driveway access from the front yard 3 metres plus any applicable distance specified in section 4.27.1 6 metres plus any applicable distance specified in section 4.27.1 (d) Minimum rear yard depth 7.5 metres plus any applicable distance specified in section 4.27.1 Page 1152 of 1156 7 (e) Minimum interior side yard 1.2 metres (f) Minimum exterior side yard width (i) for a dwelling or dwelling unit (ii) for a private garage with driveway access from the exterior side yard 3 metres plus any applicable distance specified in section 4.27.1 6 metres plus any applicable distance specified in section 4.27.1 (g) Maximum lot coverage 55% (h) Maximum height of building or structure 10 metres subject to section 4.7 (i) Deleted by By-law No. 2011-136 (j) Maximum number of dwellings on one lot 1 only (k) Parking and access requirements in accordance with section 4.19.1 (l) Accessory buildings and accessory structures in accordance with sections 4.13 and 4.14 (m)Minimum landscaped open space 25% of the lot area 10. Section 7.9.1 PERMITTED USES of By-law No. 79-200 is amended by adding the following clause, and renumbering the Section accordingly: “(c) A stacked townhouse dwelling” 11. Section 7.9.2 REGULATIONS of By-law No. 79-200 is amended by adding the following clause, “(o) Minimum amenity space for an in accordance with section 4.42” apartment dwelling unit” 12. Section 7.9.2 REGULATIONS and Section 7.9.3 ADDITIONAL REGULATIONS FOR GROUP DWELLINGS of By-law No. 79-200 are amended by adding the words “or stacked townhouse dwelling” after every reference to apartment dwelling, 13. Section 7.10.1 PERMITTED USES of By-law No. 79-200 is amended by adding the following clause, and renumbering the Section accordingly: Page 1153 of 1156 8 “(b) A stacked townhouse dwelling” 14. Section 7.10.2 REGULATIONS of By-law No. 79-200 is amended by adding the following clause, “(m) Minimum amenity space for an in accordance with section 4.42” apartment dwelling unit” 15. Section 7.11.1 PERMITTED USES of By-law No. 79-200 is amended by adding the following clause, and renumbering the Section accordingly: “(b) A stacked townhouse dwelling” 16. Section 7.11.2 REGULATIONS of By-law No. 79-200 is amended by adding the following clause, “(m) Minimum amenity space for an in accordance with section 4.42” apartment dwelling unit” 17. Section 7.12.1 PERMITTED USES of By-law No. 79-200 is amended by adding the following clause, and renumbering the Section accordingly: “(b) A stacked townhouse dwelling” 18. Section 7.12.2 REGULATIONS of By-law No. 79-200 is amended by adding the following clause, “(m) Minimum amenity space for an in accordance with section 4.42” apartment dwelling unit” 19. Section 7.13.1 PERMITTED USES of By-law No. 79-200 is amended by adding the following clause, and renumbering the Section accordingly: “(b) A stacked townhouse dwelling” 20. Section 7.13.2 REGULATIONS of By-law No. 79-200 is amended by adding the following clause, “(m) Minimum amenity space for an in accordance with section 4.42” apartment dwelling unit” 21. Section 7.14.1 PERMITTED USES of By-law No. 79-200 is amended by adding the following clause, and renumbering the Section accordingly: “(b) A stacked townhouse dwelling” 22. Section 7.14.2 REGULATIONS of By-law No. 79-200 is amended by adding the following clause, “(m) Minimum amenity space for an in accordance with section 4.42” apartment dwelling unit” Page 1154 of 1156 9 23. Section 7.15.1 PERMITTED USES of By-law No. 79-200 is amended by adding the following clause, and renumbering the Section accordingly: “(b) A stacked townhouse dwelling” 24. Section 7.15.2 REGULATIONS of By-law No. 79-200 is amended by adding the following clause, “(m) Minimum amenity space for an in accordance with section 4.42” apartment dwelling unit” Read a First, Second and Third time; passed, signed and sealed in open Council this 9th day of August, 2022. ....................................................................... ..................................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR S:\ZONING\AMS\2022\Bylaws\Byam003a.docx Page 1155 of 1156 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 9th day of August, 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 9th day of August, 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 9th day of August, 2022. .............................................................. ............................................................. BILL MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 1156 of 1156