05-30-2023
AGENDA
City Council Meeting
4:00 PM - Tuesday, May 30, 2023
Council Chambers/Zoom App.
All Council Meetings are now open to the
public in person, in Council Chambers or
watched virtually.
All electronic meetings can be viewed on
this page, the City of Niagara Falls YouTube
channel, the City of Niagara Falls Facebook
page, along with YourTV Niagara.
Page
1. CALL TO ORDER
O Canada: Amora Singh (singing live in Chambers)
Land Acknowledgement and Traditional Indigenous Meeting Opening
2. IN CAMERA SESSION OF COUNCIL
2.1. Resolution to go In-Camera
May 30, 2023 - Resolution to go In-Camera
11
3. ADOPTION OF MINUTES
3.1. Council Minutes of May 9, 2023
City Council - 09 May 2023 - Minutes - Pdf
12 - 27
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. R&C-2023-08 28 - 30
Page 1 of 435
Allister Young Arts & Culture Endowment Fund 2023
Recipient
Clark Bernat, Senior Manager of Culture and Kim Van Stygeren,
Cultural Development Coordinator, will be presenting the award
to the 2023 recipient, Eve Atoms.
It is recommended:
That Council acknowledge Eve Atoms as the 2023 Allister Young
Arts & Culture Endowment Fund recipient.
R&C-2023-08 - Pdf
7. PLANNING MATTERS
7.1. PBD-2023-029 (Letter from Niagara Falls Nature Club added)
26T-11-2023-001 & AM-2023-002
Draft Plan of Subdivision
8218, 8228, and 8547 Grassy Brook Road
Applicant: Empire (Grand Niagara) Project GP Inc.
Agent: Armstrong Planning I Project Management
Julie Hannah, Senior Manager of Current Planning, will provide
an overview of report PBD-2023-029.
PBD-2023-029 - Pdf
Presentation (Staff) - AM-2023-002 Grand Niagara Public
Meeting
Presentation - (Agent) - Grand Niagara May 30 Statutory Public
Meeting
Resident Comments fr. Public, Hui Chen and Xiu Yan Zhao (AM-
2023-002 _ 26T-11-2023-001)_Redacted
Letter from Niagara Falls Nature Club - Grassy Brook PBD-2023-
29
7.1 Comment from Resident
Comments from resident, Leslie Laan
31 - 132
8. REPORTS
8.1. PBD-2023-28 (Written submission from Turkstra Mazza
Associates and email from Gowling WLG added)
133 - 218
Page 2 of 435
Grassy Brook Secondary Plan
Phase 1: Existing Conditions and Background Review
Kelly Martel, of Dillon Consulting, will be making a
presentation to Council.
PBD-2023-28 - Pdf
Presentation - Grassy Brook SP- May 30 Council Meeting
Letter to Mayor and Council from Turkstra Mazza Associates -
Grassy Brook Secondary Plan - May 29, 2023
2023 05 29 Ltr to Mayor & Council re May 30 2023 Council
Meeting(56971497.1)
8.2. CAO-2023-02
Update and Clarification on Bed and Breakfasts By-laws and
Short Term Rental Use
CAO-2023-02 - Pdf
219 - 226
8.3. CAO-2023-03
Hospice Development Ad-Hoc Committee
CAO-2023-03 - Pdf
227 - 228
8.4. F-2023-15
2023 Property Tax Rates
F-2023-15 - Pdf
229 - 232
8.5. F-2023-17
Final Tax Notice Due Dates for Residential, Pipeline,
Farmland and Managed Forest Assessment Classes
F-2023-17 - Pdf
233 - 234
8.6. MW-2023-16
F.H. Leslie Park Playground Replacement
MW-2023-16 - Pdf
235 - 239
8.7. MW-2023-17 240 - 243
Page 3 of 435
Children's Memorial Walkway Memorial Bench Program -
Custom Bench Purchase
MW-2023-17 - Pdf
8.8. PBD-2023-31
26T-11-2019-003
Extension of St. Thomas More Draft Plan of Subdivision
6642 St. Thomas More Drive
Applicant: 1956662 Ontario Inc.
Agent: Corbett Land Strategies Inc. (Candice Hood)
PBD-2023-31 - Pdf
244 - 260
8.9. PBD-2023-32
New 2023 Provincial Planning Statement
PBD-2023-32 - Pdf
261 - 266
8.10. PBD-2023-33
Exemption to Plan of Condominium
26CD-2023-001
7277 Wilson Crescent
Applicant: Build Up Real Development Co. Inc. (Priscilla
Facey)
Agent: NPG Planning Solutions (Aaron Butler)
PBD-2023-33 - Pdf
267 - 271
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. L-2023-10
Declare Surplus of Lands
Part of Blocks L and M, Plan M33
Land Exchange - Stamford Lions Park
Our File No. 2022-59
272 - 275
Page 4 of 435
L-2023-10 - Pdf
9.2. MW-2023-15
Clifton Hill & Murray Hill – Holiday Road Closures
MW-2023-15 - Pdf
276 - 278
9.3. PBD-2023-30
Matters Arising from the Municipal Heritage Committee
2023 Designated Property Grants
PBD-2023-30 - Pdf
279 - 286
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 #10.4.
10.1. Flag-Raising Request - Nikola Tesla Day
The Director of the Nikola Tesla Day Festival is requesting the
City of Niagara Falls to support and participate in raising the flag
of Nikola Tesla at City Hall on Thursday, July 6th, 2023.
The Nikola Tesla Day Festival is an event dedicated to honouring
the incredible contributions of Nikola Tesla to science,
technology, and society. The festival is scheduled to take place
on July 9th, 2023, 6 pm-11 pm at Queen Victoria Park, Niagara
Falls.
Flag-Raising Request - Nikola Tesla Day
287 - 288
10.2. Proclamation Request - NiagaraGives Day
Attached is a request for Council to proclaim Thursday, June 15,
2023 as "NiagaraGives Day" within the City of Niagara Falls.
NiagaraGives, the Giving Tuesday Community Movement
representing Niagara Falls and the Niagara Region, is
289
Page 5 of 435
celebrating its 2nd anniversary on June 15, 2023. NiagaraGives
was first established in the City of Niagara Falls with the mission
of bringing the global GivingTuesday movement back to Niagara
and its 12 municipalities.
The NiagaraGives movement has helped to inspire community
generosity and volunteerism in many ways, and at a time when
charities and non-profits are seeing vast increases in people
needing assistance.
Proclamation Request - NiagaraGives Day
10.3. Proclamation Request - Trailer Park Boys Day
Attached is a request for Council to declare Friday, June 9, 2023
as "Trailer Park Boys Day" in Niagara Falls, to help awareness
for mental health and PTSD through Cracked Armour, a not -for-
profit organization. This organization is strongly supported by
Canadian celebrities, the Trailer Park Boys.
Proclamation Request - Trailer Park Boys Day
290
10.4. Opiod Crisis in our Communities and Municipalities
The National Chronic Pain Society is asking the City of Niagara
Falls to support the motion the the "Government of Ontario
maintain OHIP coverage for chronic pain treatments and
continue to provide much-needed care for the people of Ontario."
Recommendation: That Council support the request.
National Chronic Pain Society - Municipality Introduction Letter
Opiod Crisis in our Communities and Municipalities
291 - 295
11. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
RECOMMENDATION: THAT Council receive and file for
information Item #11.1 through to and including Item #11.6.
11.1. Resolution - City of Cambridge - Highway Traffic Act
Amendments
Attached is motion passed by the Council of the Corporation of
the City of Cambridge at its Council Meeting of May 9, 2023
regarding the Highway Traffic Act Amendments.
296 - 297
Page 6 of 435
Resolution - City of Cambridge. May 9, 2023
11.2. Resolution - Township of Bonfield - Supporting Municipality
of Waterloo's motion to Protect the privacy of candidates
and donors on publicly available forms -
Attached is a resolution of support for the Municipality of
Waterloo from the Township of Bonfield calling on the Minister of
Affairs and Housing for the Province of Ontario to protect the
privacy of candidates and donors on publicly available forms.
Resolution of Support for the Municipality of Waterloo
298
11.3. Resolution - United Counties of Stormont, Dundas and
Glengarry (SDG) - Bill 97
Attached is a resolution passed by the Council of the United
Counties of Stormont, Dundas and Glengarry at its May 15, 2023
meeting.
Resolution - SDG Counties - Bill 97
299 - 300
11.4. Niagara Region Correspondence
Attached is correspondence sent from the Niagara Region
regarding the following matters:
1. Niagara Region Report CSD 22-2023 - 2023 Property Tax
Policy, Ratios and Rates
CLK-C 2023-045 CSD 22-2023 - 2023 Property Tax Policy,
Ratios and Rates
301 - 345
11.5. Resolution - Town of Grimsby - Mental Health, Addiction and
Housing Affordability
Attached is a resolution passed at the Town of Grim sby's Council
meeting on May 15, 2023 pertaining to a a call for action as it
relates to the crisis on mental health, addiction and Housing
Affordability.
Resolution - Town of Grimsby - 2023.05.15 Call for Action –
Mental Health, Addiction, and Housing Affordability
346 - 349
11.6. Comments from resident
comments from Resident
350 - 416
Page 7 of 435
12. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
12.1. Noise By-law Exemption - 12th 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 9,
2023, for the purpose of playing music for their annual event
taking place at Oakes Park.
Recommendation: That Council grant an exemption to the City's
Noise-By-law until 11:00 PM on Saturday, September 9, 2023,
for the purpose of playing music for their annual event taking
place at Oakes Park.
12.2. Resolution - City of Welland - Homelessness
Attached is a motion approved by the City of Welland City
Council.
Recommendation: That Council support the resolution from the
City of Welland and offer further support by circulating a copy of
the Niagara Falls motion to all Niagara area municipalities, the
Office of the Premier of Ontario, the Federal Minister of Housing
and Diversity and Inclusion, Niagara Area MPPs and MPs, the
Ontario Solicitor General, the Association of Municipalities of
Ontario, and the Federation of Canadian Municipalities.
Resolution - City of Welland - Homelessness
417 - 419
12.3. Memo from City Clerk - Matters Arising from the Diversity &
Inclusion Committee
Attached is a motion that was passed by the Diversity & Inclusion
Committee at a recent meeting regarding the Land
Acknowledgement at Council.
Recommendation: That Council refer the matter to staff to
consider options for the Land Acknowledgement at Council
Meetings and other City run events, as well as when and where
the acknowledgement appears on an agenda and report back to
Council.
Clerk's Memo - Land Acknowledgement
420
12.4. Niagara Falls Supper Market
A request is being made of Council to declare the 2023 Niagara
Falls Supper Market as a community event to assist with
obtaining a Special Occasion Permit from the Alcohol and
Gaming Commission of Ontario.
Page 8 of 435
Recommendation: That Council declare the 2023 Niagara Falls
Supper Market, taking place at Fireman’s Park, August 2, 9, 16,
23, and 30, 2023 as an event of municipal significance in the City
of Niagara Falls in order to assist with obtaining a Special
Occasion Permit from the AGCO.
13. RATIFICATION OF IN-CAMERA
14. 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.
15. BY-LAWS
The City Clerk will advise of any additional by-laws or amendments to
the by-law listed for Council consideration.
2023-
050.
A by-law to exempt the property municipally known as 7277
Wilson Crescent from the requirements for approval of
condominium descriptions under Sections 51 and 51.1 of the
Planning Act.
By-law 2023-050 - By-law - Exemption for 7277 Wilson Crescent
421
2023-
051.
A by-law to declare PIN 64250-0049 (LT), Part Lot 1,
Concession 3, Crowland, being a given road known as Cook’s
Mills Road (aka County Road No. 11), lying between Schisler
Road & Road Allowance between Concession 3 & 4, in the City
of Niagara Falls, in the Regional Municipality of Niagara, as
surplus.
By-law 2023-051 - Declare Surplus
422
2023-
052.
A by-law to permanently close a highway.
By-law 2023-052 - Permanently Close Road Allowance
423
Page 9 of 435
2023-
053.
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.
By-law 2023-053 - 2023 MAY 30 By-law Enforcement Officers
424 - 426
2023-
054.
A by-law to declare Vacant Land between 3846 Portage Road
and 3943 Orlando Drive, being Part of Blocks L and M on Plan
33 being Part 3 on a draft Reference Plan, as surplus.
By-law 2023-054 - Declare Vacant Land between 3846 Portage
Road and 3843 Orlando Drive
427
2023-
055.
A by-law to amend By-law No. 89-2000, being a by-law to
regulate parking and traffic on City Roads. (Parking Meter
Zones, Limited Parking).
By-law 2023-055 - May 30 - Victoria Ave
428 - 429
2023-
056.
A by-law to set and levy the rates of taxation for City purposes,
for Regional purposes, and for Education purposes for the year
2023.
By-law 2023-056 - 2023 Levy Bylaw 5.30.23
430 - 434
2023-
057.
A by-law to adopt, ratify and confirm the actions of City Council
at its meeting held on the 30th day of May, 2023.
By-law 2023-057 - 05 30 23 Confirming By-law
435
16. ADJOURNMENT
Page 10 of 435
The City of Niagara Falls, Ontario
Resolution
May 30, 2023
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 May 30, 2023, Niagara Falls City Council will be holding Closed Meetings
as permitted under s. 239 (2) of the Municipal Act, namely;
(a) the security of the property of the municipality or local board;
THEREFORE BE IT RESOLVED that on May 30, 2023 Niagara Falls City Council will go
into a closed meeting to consider matters that fall under section 239 (2) (a) to discuss the
security of the property of the municipality with regards to some possible road closures.
AND The Seal of the Corporation be hereto affixed.
WILLIAM G. MATSON JAMES M. DIODATI
CITY CLERK MAYOR
Page 11 of 435
MINUTES
City Council Meeting
4:00 PM - Tuesday, May 9, 2023
Council Chambers/Zoom App.
The City Council Meeting of the City of Niagara Falls was called to order on Tuesday, May 9,
2023, at 4:00 PM, in the Council Chambers/Zoom App., with the following members present:
COUNCIL
PRESENT:
Councillor Tony Baldinelli, Councillor Lori Lococo, Councillor Ruth-Ann
Nieuwesteeg, Councillor Mona Patel, Councillor Victor Pietrangelo,
Councillor Mike Strange, Councillor Wayne Thomson (Present in
Chambers)
Councillor Wayne Campbell (Present via Zoom)
COUNCIL
ABSENT: Mayor Jim Diodati
STAFF
PRESENT:
Erik Nickel (Acting CAO), Margaret Corbett (Acting City Clerk), Scott
Wilkinson (Acting Fire Chief), Kira Dolch, Nidhi Punyarthi, Tiffany Clark,
Andrew Bryce (present in Chambers).
Trent Dark (present via Zoom)
1. CALL TO ORDER
The meeting was called to order at 4:04 PM.
By-
law
2023-
042.
A by-law to appoint Councillor Victor Pietrangelo as Acting Mayor.
Moved by Councillor Wayne Thomson
Seconded by Councillor Mike Strange
THAT By-law 2023-042 be read a first, second and third time and passed.
Carried Unanimously (Councillor Campbell was absent from vote).
1.1. O Canada: Our Lady of Mount Carmel Catholic School Choir (singing live in
Chambers)
1.2. Land Acknowledgement and Traditional Indigenous Meeting Opening
2. IN CAMERA SESSION OF COUNCIL
In-Camera meeting was not scheduled.
3. ADOPTION OF MINUTES
3.1. Council Minutes of April 18, 2023
Moved by Councillor Wayne Thomson
Seconded by Councillor Mike Strange
Page 1 of 16
Page 12 of 435
THAT Council approve the minutes of the April 18, 2023 meeting as presented.
Carried Unanimously (Councillor Campbell was absent from vote).
4. DISCLOSURES OF PECUNIARY INTEREST
a) Councillor Ruth-Ann Nieuwesteeg declared a conflict of interest to Item #10.1 -
Historic Drummondville BIA - 2023 Budget, as she is an owner of a business
that is part of the Main & Ferry BIA.
5. MAYOR'S REPORTS, ANNOUNCEMENTS
a) Councillor Victor Pietrangelo (Acting Mayor) extended condolences to the
following:
• Reta Harrison, mother of Todd Harrison, former Director of Finance.
• Lynn Wilson, retired City Employee from our Clerk's Department.
b) Councillor Pietrangelo (Acting Mayor) mentioned the following events:
Eid Celebrations at Mosque Aisha
• I was pleased to represent Mayor Jim and Council at this event.
• Eid Celebrations at Peace Mosque
• Mayor and Council were represented by Councillor Nieuwesteeg
• National Day of Mourning Ceremony
• Attended by Mayor Diodati, along with Councillors Nieuwesteeg, Patel
and Lococo
• Flag Raisings [photos for each]
• Children’s Mental Heath Awareness [photo shown]
• Attended by Mayor Diodati along with Councillors Baldinelli, Lococo and
Patel
• Poland’s Constitution Day [photo shown]
• Attended by Mayor Diodati along with Councillors Patel, Strange,
Baldinelli, Pietrangelo and Lococo
Grand Openings & Business Happenings [photos for each]
• Bee Montessori School
• Monfriese Rum Cakes
o Also attended by Councillors Thomson and Lococo
Mother Earth Day Hosted by the Park in the City (Environmental Action
Committee)
• PenFinancial Mother Earth Day event taking place at Firemens Park on
Saturday, May 13, 2023 from 10am to 4pm.
• Sponsored by PenFinancial Credit Union, NPEI, Walker, Enbridge, OPG
and Niagara Community Foundation
• Giving away 500 trees to residents on a first-come, first-serve basis
starting at 11am.
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• Volunteers will be planting 20 native trees to learn from a planting demo
and to help enhance the tree canopy at the park
• free bicycle valet compliments of the Amici Per La Vita Niagara Cycling
Club.
• free bike repair station compliments of Heart Niagara.
• Many demonstrators, over 40 environmental vendors, youth activities as
well as SCVFA concessions available.
• Entry to the event is free with free parking as well…rain or shine.
• More information at Http://motherearthday.ca
City Nature Challenge
• 8thAnnual City Nature Challenge was conducted worldwide.
• The challenge encouraged people to get outside to take pictures and
record the different types of wild life species. These “observations” will
help scientists and wild life organizations with their research.
• Over 1.8 million observations were completed by 66,000 residents with
57,000 different species recorded.
• Locally, the City of St. Catharines challenged the City of Niagara Falls to
see who would record the most observations. However close, the City
of Niagara Falls recorded more observations (215 versus 210).
• Congratulations to all residents who participated. In particular,
extending a special thank you to Leslie Laan who recorded the most
observations for our City.
c) The next Council meeting is scheduled for Tuesday, May 30, 2023.
6. DEPUTATIONS / PRESENTATIONS
6.1. Moose Hide Campaign (This presentation was re-scheduled from last
Council meeting as the presenters had other commitments, due to time
delay of In-Camera meeting)
The co-founders of the Moose Hide Campaign, raised awareness around
issues of reconciliation and violence against women and girls. David
Stevenson, Moose Hide Campaign CEO, attended virtually and shared an
impactful presentation as to how Canadians can get involved to stop gender-
based violence and how to participate in the Moose Hide Campaign as part of
reconciliation.
Moved by Councillor Wayne Thomson
Seconded by Councillor Lori Lococo
THAT Council receive the presentation by David Stevenson, Moose Hide
Campaign CEO, and to support the cause.
Carried Unanimously (Councillor Campbell was absent from vote).
6.2. Niagara Fiesta Extravaganza
The 2nd Niagara Fiesta Extravaganza, organized by the Filipino community in
Niagara will be held on Saturday, August 5th and Sunday, August 6, 2023 at
Firemen's Park.
The organizer and Chairperson of Community Affairs, Eileen Tinio-Hind, along
with Valerio "Maki" Makinana, Founder and President and Rizza Gatbonton
made a presentation to Council inviting Council and the community to attend
Page 3 of 16
Page 14 of 435
this event. There are 6 Fiesta Extravaganza events in selected cities in
Canada. Highlights include: Musicial Extravaganza, cultural presentations,
food expo, exhibits, games and community spotlight.
The organizers of the event requested the following:
1. Extend the invitation to attend the Niagara Fiesta Extravaganza to all
City Council members and request for support in the promotion of the
festival through social media and the City's website.
2. Request an exemption to the City's Noise-By-law to all for the playing of
music until 10:30 PM at Firemen's Park on Saturday, August 5, 2023
and Sunday, August 6, 2023.
Moved by Councillor Ruth-Ann Nieuwesteeg
Seconded by Councillor Mike Strange
THAT Council extend the invitation to attend the Niagara Fiesta Extravaganza
to all City Council members and to the public and to have the City support the
event by promoting the festival through social media and the City's website;
AND THAT Council approve an exemption to the City's Noise-By-law to all for
the playing of music until 10:30 PM at Firemen's Park on Saturday, August 5,
2023 and Sunday, August 6, 2023.
Carried Unanimously (Councillor Campbell was absent from vote).
6.3. Family and Children's Services (FACS) Niagara Foundation
FACS Niagara Foundation President, Caroline Polgrabia, and Ellen
Schonewille, Senior Manager, Donor Relations made a presentation to Council
about the 2nd Annual Mountainview LemonAID Day. This day raises money to
send vulnerable children in the community to summer camp. The request is to
have Council share information about the event with the community. On
Saturday, June 10, 2023, teams of kids will set up lemonade stands across
Niagara to ask for donations to send vulnerable children in the community to
summer camp.
Proclamation Request: That Council proclaim Saturday, June 10, 2023 as
"Mountainview LemonAID Day" for FACS Niagara.
Moved by Councillor Mona Patel
Seconded by Councillor Tony Baldinelli
THAT Council receive the presentation by Family and Children's Services
(FACS) Niagara Foundation and that Council proclaim Saturday, June 10,
2023 as "Mountainview LemonAID Day" for FACS Niagara; AND THAT staff
promote the event through the City's social media channels; AND
FURTHERMORE THAT, Council approve the request to turn the Falls yellow
on Saturday, June 10, 2023, to be arranged through the Niagara Falls
Illumination Board.
Carried Unanimously (Councillor Campbell was absent from the vote).
6.4. R&C-2023-06
Page 4 of 16
Page 15 of 435
Tennis Dome Partnership with the Tennis Clubs of Canada
Adam Siegel, CEO, Tennis Clubs of Canada made a presentation to Council.
The City of Niagara Falls and Tennis Clubs of Canada (TCC) are partnering to
construct an air-inflated dome over the tennis courts at John N. Allen Park
during the fall & winter each year to allow residents the opportunity to play
indoor tennis, pickleball, cricket etc. The existing courts will be available to
residents free of charge during the spring & summer and then converted to
indoor use on October 1st of each year. TCC will manage the tennis dome.
Memberships and bookings will be priced at an affordable rate, discounted for
residents. TCC also offers a wide range of programs, camps and tournaments
for players of all ages that would require a registration fee. For residents wh o
enjoy utilizing outdoor tennis courts in the winter, the courts at AG Bridge Park
(6706 Culp Street) will be available for use free of charge year-round.
Moved by Councillor Mike Strange
Seconded by Councillor Wayne Thomson
THAT Council authorize the Mayor and City Clerk to execute the license
agreement with the Tennis Clubs of Canada that is to the satisfaction of the
City's Solicitor.
Carried (Councillor Lococo was opposed and Councillor Campbell was
absent from vote).
7. PLANNING MATTERS
7.1. PBD-2023-27
AM-2023-003, Zoning By-law Amendment
4078 Victoria Avenue
Proposal: To permit 10 stacked townhouse (apartment) dwelling units
that may be used as vacation rental units
Applicant: Build Up Victoria Inc. (Priscilla Facey)
Agent: NPG Planning Solutions (Mary Lou Tanner)
The Public meeting commenced at 5:14 PM.
Scott Turnbull, Planner 1, provided an overview of the report PBD -2023-27.
There were no members of public that spoke for or against the application.
Charlene Shannon, of 4092 Acheson and Leanne Hodgson, of 4138 Muir both
signed the public meeting "sign-in sheet," but did not address Council.
Max Fedchyshak, acting as the agent, was present to answer any questions of
Council.
The Public meeting was closed at 5:22 PM.
Moved by Councillor Wayne Thomson
Seconded by Councillor Mike Strange
Page 5 of 16
Page 16 of 435
1. That Council approve the Zoning By-law amendment to rezone the
property to a site-specific Tourist Commercial zone to permit ten (10)
stacked townhouse dwelling units that may be used as vacation rental
units, subject to the regulations outlined in this report.
2. That the amending zoning by-law include a Holding (H) provision to
require that a Development Agreement be entered into between the
applicant and the City of Niagara Falls containing all noise mitigation
and warning clauses to the satisfaction of the City and Niagara Region
and archaeological warning clauses to the satisfaction of the Niagara
Region and that all required road widening, and daylight triangles be
dedicated to the City.
Carried Unanimously (Councillor Campbell was absent from vote).
8. REPORTS
8.1. CLK-2023-04
Fee Waiver Application - Crazy Macaws Bike Night
Since the writing of the staff report and posting of the agenda, a new fee waiver
application has now been received with a new not-for-profit organization as the
applicant for Council’s consideration. Normally, we would not accept an
application that has been received after the agenda has been posted however
Council’s direction was for this matter to be reviewed at the May 9th Council
meeting
Moved by Councillor Lori Lococo
THAT Council deny the staff recommendation and to approve the application
for the Crazy Macaws Bike Night, in principle, in the amount of $7404.00, (the
same amount that was approved for car show), for the waiving of the costs
associated with the road closure fees.
No Seconder. Not Put.
Moved by Councillor Mona Patel
Seconded by Councillor Lori Lococo
THAT Council approve the Fee Waiver Application for the Crazy Macaws Bike
Night in the amount of $4750.00, for the waiving of the costs associated with
the road closure fees, with the condition of conducting a month to month review
of the permit application to allow for timeframe adjustments if necessary.
Carried Unanimously (Councillor Campbell was absent from vote).
8.2. The Chair moved to Item #8.4 on the agenda, to accommodate residents in
gallery.
Council came back to Item #8.2 at 6:56 PM.
F-2023-14
2023 Schedule of Fees - Update
Amended 2023 Schedule of Fees
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Moved by Councillor Wayne Thomson
Seconded by Councillor Mike Strange
THAT the amended 2023 Schedule of Fees as per Council and otherwise, BE
APPROVED.
Carried Unanimously (Councillor Campbell was absent from vote).
8.3. MW-2023-13
Sidewalk Winter Maintenance Riall Street
Residents are requesting to amend the Winter Maintenance Policy effective for
the 2023/2024 winter season by removing approximately 500 metres of
sidewalk snow clearing on Riall Street between St. Andrew Avenue and St.
Paul Avenue.
Moved by Councillor Wayne Thomson
Seconded by Councillor Tony Baldinelli
THAT Council approve an amendment to the Winter Maintenance Policy
whereby the south side of Riall Street between St. Andrew Avenue and St.
Paul Avenue be removed from the 2023/2024 Sidewalk Plowing route.
Carried Unanimously (Councillor Campbell was absent from vote).
8.4. PBD-2023-26
Uppers Quarry - Community Focus Group AM-2021-25
Mr. David Rupay spoke to the Planning report on the Uppers Quarry –
Community Focus Group.
He thanked Council for extending the deadline for comments from the March
Council meeting, however, it was not accepted by the Ministry.
He posed the question to Council if the quarry is helping with the tourism in the
City of Niagara Falls.
Mr. Rupay discussed the report, PBD-2023-26, and the formation of the
Community Focus Group, stating that a needs-study still needs to be
completed. Also expressed his thoughts that the representatives from Walker
Industries should not be part of the Community Focus Group. Conce rned
about adequate notification means. Also stated that the item being on a
Council Agenda does not mean that the public is aware of the issue.
Any terms of reference that were provided will be forwarded along to Mr.
Rupay, as per Andrew Bryce.
Moved by Councillor Mona Patel
THAT Council authorize staff to advertise a Request for Expression of Interest
for participation in a Community Focus Group (CFG) to seek out interested
persons to provide input into resident and landowner concerns regarding the
proposed Uppers Quarry; AND THAT staff ensure an independent facilitator be
included in the process; AND THAT the City bear the cost of the consultation.
No seconder to motion. Not Put.
Moved by Councillor Mona Patel
Seconded by Councillor Ruth-Ann Nieuwesteeg
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THAT Council authorize staff to advertise a Request for Expression of Interest
for participation in a Community Focus Group (CFG) to seek out interested
persons to provide input into resident and landowner concerns regarding the
proposed Uppers Quarry; AND THAT staff ensure an independent facilitator be
included as part of the Community Focus Group.
Carried Unanimously (Councillor Campbell was absent).
8.5. Chair Pietrangelo moved to Item #12.3 to accommodate speaker in gallery.
MW-2023-12
Additions to the 2023 Surface Treatment Program and Contract Award
Moved by Councillor Tony Baldinelli
Seconded by Councillor Wayne Thomson
1. That the scope of work for Contract 2023-08 for the 2023 Surface
Treatment program be revised to include the following:
a. The pulverization and surface treatment of Willoughby Drive from
200 metres south of Weinbrenner Road to Marshall Road;
b. The pulverization and surface treatment of Carlton Avenue from
50 metres north of Dunn Street towards Corwin Crescent to Our
Lady of Mount Carmel School;
c. Urban surface treatment along North Street between Portage
Road and Drummond Road.
2. That a 2023 Capital Budget Amendment of $850,000 be approved for
the 2023 Surface Treatment Program (R155-23) bringing the total
budget as amended to $1,500,000, funded by Canada Community -
Building Fund Reserve (CCBF).
3. That the revised scope of the 2023 Surface Treatment program be
awarded to the lowest compliant bid by Circle P Paving Inc. for the bid
price of $1,356,920.00 plus an allowance of $100,000 for the additional
works on Carlton Avenue.
4. That the Mayor and Clerk be authorized to execute the necessary
agreements.
Carried Unanimously (Councillor Campbell was absent from vote).
9. CONSENT AGENDA
9.1. R&C-2023-05
Community Garden Program
The City of Niagara Falls has endeavored to develop a community garden
program to support residents with an opportunity to create a garden at specific
municipal locations with essential elements in place to establish a successful
community garden.
Moved by Councillor Wayne Thomson
Seconded by Councillor Ruth-Ann Nieuwesteeg
1. That Council approve the Community Garden Program.
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2. That Council approve the Community Garden Policy.
3. That Council approve the expansion of our insurance coverage to cover
these activities.
Carried Unanimously (Councillor Campbell was absent from vote).
9.2. R&C-2023-07
Renaming of the Park in the City Committee
Park in the City Committee wishes to be renamed to the Environmental Action
Committee.
Moved by Councillor Wayne Thomson
Seconded by Councillor Ruth-Ann Nieuwesteeg
That Council approve the renaming of the Park in the City Committee to the
Environmental Action Committee.
Carried Unanimously (Councillor Campbell was absent from vote).
9.3. MW-2023-14
Appointment of Drainage Superintendent
The City of Niagara Falls has had a Drainage Superintendent on staff since
1990 to oversee all aspects of the City’s drainage works pursuant to the
Drainage Act
Moved by Councillor Wayne Thomson
Seconded by Councillor Ruth-Ann Nieuwesteeg
That Council appoint Sue Noble as the Drainage Superintendent for the City of
Niagara Falls.
Carried Unanimously (Councillor Campbell was absent from vote).
10. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
10.1. Historic Drummondville BIA - 2023 Budget
Attached is the Main & Ferry BIA proposed budget for 2023.
Recommendation: For the Approval of Council.
Moved by Councillor Wayne Thomson
Seconded by Councillor Tony Baldinelli
THAT Council approve the Main & Ferry proposed budget for 2023.
Carried Unanimously (Councillor Nieuwesteeg declared a conflict and
Councillor Campbell was absent from vote).
10.2. Proclamation Request - Lyme Disease Awareness Month - May 2023
Lyme Ontario is requesting the City of Niagara Falls to proclaim May as "Lyme
Disease Awareness Month." The request is a hope that the City of Niagara
Falls, will join the CN Tower, Niagara Peace Bridge, Niagara Falls and many
other local townships, regions and cities for the 2023 "Light it Up G reen for
Lyme" Disease campaign during the month of May.
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Recommendation: For the Approval of Council.
Moved by Councillor Wayne Thomson
Seconded by Councillor Tony Baldinelli
THAT Council proclaim May as "Lyme Disease Awareness Month."
Carried Unanimously (Councillor Campbell was absent from vote).
10.3. Proclamation and Flag-Raising Request - National Accessibility
Awareness Week - 2023
The Accessibility Advisory Committee is requesting that Council declare the
week of May 28, 2023 - June 3, 2023 as "National Accessibility Awareness
Week" and that a flag-raising ceremony be arranged for Monday, May 29,
2023, at Rosberg Park in Niagara Falls at 3:30 PM.
Recommendation: For the Approval of Council.
Moved by Councillor Wayne Thomson
Seconded by Councillor Tony Baldinelli
THAT Council declare the week of May 28, 2023 - June 3, 2023 as "National
Accessibility Awareness Week" and that a flag-raising ceremony be arranged
for Monday, May 29, 2023, at Rosberg Park in Niagara Falls at 3:30 PM.
Carried Unanimously (Councillor Campbell was absent from vote).
10.4. Flag-Raising and Proclamation Request - Senior's Month - June 2023
The Niagara Falls Seniors Advisory Committee is requesting Council to
approve a flag-raising ceremony at City Hall to recognize the month of June as
"Seniors Month."
The committee is also requesting Council to proclaim June as "Seniors Month."
Recommendation: For the Approval of Council.
Moved by Councillor Wayne Thomson
Seconded by Councillor Tony Baldinelli
THAT Council approve a flag-raising ceremony at City Hall to recognize the
month of June as "Seniors Month." and proclaim June as "Seniors Month."
Carried Unanimously (Councillor Campbell was absent from vote).
10.5. Flag-Raising and Proclamation Request - Parental Alienation Awareness
The requester is asking Niagara Falls City Council to proclaim April 25, 2023
as "Parental Alienation Awareness Day," and to coordinate a flag -raising
ceremony at City Hall on a date that is agreeable to both the convener and the
Mayor's Office.
The City’s of Brampton, Mississauga and Vaughan have all supported this
initiative.
To educate, inform and advocate to and for the general public, parents,
children and youth, working towards bringing awareness against parent
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alienation, even to perpetrators who may be unaware of the disastrous effect
of their alienating behavior on their children and society.
APAC VISION: To provide support, education, and resources to families
affected by alienation by being an advocate for change in the legal, mental
health, and judicial system with the goal of ending parental alienation across
Canada.
Recommendation: For the Approval of Council.
Moved by Councillor Wayne Thomson
Seconded by Councillor Tony Baldinelli
THAT Niagara Falls City Council proclaim April 25, 2023 as "Parental
Alienation Awareness Day," and to coordinate a flag-raising ceremony at City
Hall on a date that is agreeable to both the convener and the Mayor's Office.
Carried Unanimously (Councillor Campbell was absent from vote).
10.6. Bill 5 – Stopping Harassment and Abuse by Local Leaders Act
Attached is a resolution form the Township of West Lincoln seeking support of
the Provincial Private Member’s Bill
Moved by Councillor Lori Lococo
Seconded by Councillor Mike Strange
THAT Council approve and support the resolution from the Township of We st
Lincoln by sending a similar resolution from the City of Niagara Falls.
Carried Unanimously (Councillor Campbell was absent from vote).
11. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
11.1. Assessment of Ontario Public Opinion - regarding Bill 23 and Related
Measures Affecting the Greenbelt and Housing
The attached report provides results from a survey of a random sample of
Ontarians and targeted samples of key stakeholder groups such as planners,
farmers, residents associations, housing providers, users of greenspaces,
environmentalist, and others.
Recommendation: For the Information of Council.
Moved by Councillor Mike Strange
Seconded by Councillor Ruth-Ann Nieuwesteeg
THAT Council receive the correspondence for information and to direct
Planning staff to quantify the missed revenue from the development charges.
Carried Unanimously (Councillor Lococo was opposed).
11.2. Niagara Region Correspondence
Attached is correspondence sent from the Niagara Region regarding the
following matters:
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1. Niagara Region Report - PDS 8-2023 - Regional Planning Commissioners of
Ontario (RPCO) Inventory of Unbuilt Housing Supply
2. Niagara Region Report - PDS 9-2023 - Development Applications
Monitoring Report
3. Implementation of Red Light Camera (RLC) Across the Niagara Region
Recommendation: For the Information of Council.
11.3. Resolution - Town of Fort Erie - Change to the Municipal Oath of Office
Attached is a resolution from the Town of Fort Erie sent to Minister Clark
regarding a change to the Municipal Oath of Office.
Recommendation: For the Information of Council.
11.4. Proposed Locate Charge – Enbridge Gas
Council supported the Association of Ontario Road Supervisors motion at the
April 18, 2023 Council meeting by passing a motion to inform Enbridge Gas
and other Provincial policymakers of the City’s objection during their time of
industry consultation. The information attached is a follow-up response from
Enbridge Gas and can be received for information.
Recommendation: That Council receive the correspondence for information.
Moved by Councillor Ruth-Ann Nieuwesteeg
Seconded by Councillor Mike Strange
THAT Council receive and file for information Item #11.2 through to and
including Item #11.4.
Carried Unanimously (Councillor Campbell was absent from vote).
12. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
12.1. Special Occasion Permit - Rotary Ribfest 2023
Attached is a letter requesting that the Rotary Ribfest 2023 be named a
community event, to assist with obtaining a Special Occasion Permit from the
AGCO.
Recommendation: That Council declare the 2023 Rotary Club of Niagara Falls
Sunrise Ribfest and BBQ, June 16, 17 and 18, 2023 as an event of municipal
significance in the City of Niagara Falls in order to assist with obtaining a
Special Occasion Permit from the AGCO.
Moved by Councillor Mona Patel
Seconded by Councillor Ruth-Ann Nieuwesteeg
THAT Council declare the 2023 Rotary Club of Niagara Falls Sunrise Ribfest
and BBQ, June 16, 17 and 18, 2023 as an event of municipal significance in
the City of Niagara Falls in order to assist with obtaining a Special Occasion
Permit from the AGCO.
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Carried Unanimously
12.2. Amendments to the City’s Licensing By-law – Refreshment Vehicles
Attached is a memo from the City Clerk detailing some proposed minor
amendments to the City’s Licensing By-law to work in conjunction with the
City’s Business Improvement Areas.
Recommendation: That Council receive the memorandum for information and
consider approving the amending by-law with respect to Refreshment
Vehicles.
Moved by Councillor Lori Lococo
Seconded by Councillor Ruth-Ann Nieuwesteeg
That Council receive the memorandum for information and consider approving
the amending by-law with respect to Refreshment Vehicles.
Carried Unanimously
12.3. Placement of Truck on City Property for Floral Sales
Mr. Petrullo would like permission to run a portion of his business in the
parking lot of the Chippawa Arena. Staff could support this for a special 1 day
occasion on Mother’s Day, May 14th but anything further would require a
business licence and would not be permitted on City property.
Mr. Petrullo addressed Council, to provide context for his request.
Having a mobile truck is simplifying the process for the requester, offering local
fruits and vegetable, and local flowers and plants.
A new store-front location will also be added to the downtown area, in the
future.
Mr. Petrullo claimed that the business would be to add services to Chippawa,
not to compete with others. And looking to do this on weekends continuously.
Currently, they don't have a store-front.
Michelle MacLachlan, owner of Roots & Blooms, at 3710 Main Street, Unit
#102, spoke to Council expressing her concerns with Mr. Petrullo's request,
citing that her business would be affected if Council approved the
recommendation.
Recommendation: That Council approve a one day set up on Sunday May 14,
2023 of the flower truck in the parking lot of the Chippawa Arena for the sale of
flowers, fruits and/or vegetables, with some proceeds going to charity. Any
further sales from the truck would not be permitted on City property and would
require a business licence.
Moved by Councillor Wayne Thomson
THAT Council approve a set up on Sunday, May 14, 2023 of the flower truck in
the parking lot of the Chippawa Arena for the sale of flowers, fruits and/or
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vegetables, with some proceeds going to charity and until the store-front
location opens on Queen Street, subject to the paying of market fees.
No seconder to motion. Not Put.
Moved by Councillor Mona Patel
Seconded by Councillor Mike Strange
That Council approve, subject to the signing of a waiver and payment of a fee,
a one day set up on Sunday May 14, 2023 of the flower truck in the parking lot
of the Chippawa Arena for the sale of flowers, fruits and/or vegetables, with
some proceeds going to charity. Any further sales from the truck would not be
permitted on City property and would require a business licence; AND THAT
the matter be referred to staff to investigate other alternatives and to ensure
insurance and business licence requirements are met.
Carried (Councillor Lococo was opposed).
13. RATIFICATION OF IN-CAMERA
None.
14. NOTICE OF MOTION/NEW BUSINESS
14.1. Notice of Motion - Walker Brothers Quarry Expansion
MOTION: THAT staff be asked to initiate a community focus group comprised
of concerned residents, City Staff, and representatives from Walker Industries
to address the key issues with the quarry application to ensure transparency,
input, and communication.
Moved by Councillor Mona Patel
Seconded by Councillor Ruth-Ann Nieuwesteeg
THAT Council rescind the notice of motion of which asks staff to initiate a
community focus group comprised of concerned residents, City Staff, and
representatives from Walker Industries to address the key issues with the
quarry application to ensure transparency, input, and communication.
Carried Unanimously
14.2. Notice of Motion - Reduction of speed in residential areas
DIRECTION TO STAFF: THAT this matter be referred to staff to look into
reducing the speed limit from 50 km/hour to 40 km/hour on r esidential streets
in Niagara Falls and to bring a report back to Council showing the implications
of this proposed change.
Moved by Councillor Mona Patel
Seconded by Councillor Wayne Thomson
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THAT this matter be referred to staff to look into reducing th e speed limit from
50 km/hour to 40 km/hour on residential streets in Niagara Falls and to bring a
report back to Council showing the implications of this proposed change.
Carried Unanimously
a) Open-Air Burning By-Law
Direction to Staff: For staff to post information on the City's website to
increase awareness regarding open-air burning, and to review the wording of
the by-law to ensure an ease of comprehension.
b) Exposed Needles on City Trails - Disposal program
Direction to Staff: For staff to report back to Council information pertaining to a
program to include ways residents can report exposed needles on trails (ie.
similar to our pothole reporting program).
15. BY-LAWS
2023-
041.
A by-law to designate Blocks 114, 116 & 117, Registered Plan 59M-498, not
to be subject
to part-lot control (PLC-2023-002).
2023-
042.
A by-law to appoint Councillor Victor Pietrangelo as Acting Mayor.
2023-
043.
A by-law to appoint a Drainage Superintendent pursuant to The Drainage Act,
R.S.O. 1990.
2023-
044.
A by-law to amend Schedule 24 “Refreshment Vehicles” to By-law No. 2001-
31, being a by-law respecting the issuance of licences in the City of Niagara
Falls.
2023-
045.
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.
2023-
046.
A by-law to fees and charges for various services, licences and publications
for the City of Niagara Falls.
2023-
047.
A by-law to amend By-law No. 89-2000, being a by-law to regulate parking
and traffic on City Roads. (Parking Meter Zones, Standing Prohibited,
Stopping Prohibited, Loading Zones)
2023-
048.
A by-law to authorize the execution of the Collective Agreement (2023-2026)
with the Canadian Union of Public Employees, Local 133.
2023-
049.
A by-law to adopt, ratify and confirm the actions of City Council at its meeting
held on the 9th day of May, 2023.
Moved by Councillor Wayne Thomson
Seconded by Councillor Mona Patel
THAT the by-laws be read a first, second and third time and passed.
Carried Unanimously
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16. ADJOURNMENT
a) Adjournment
Moved by Councillor Tony Baldinelli
Seconded by Councillor Wayne Thomson
THAT Council adjourn the meeting at 7:19 PM.
Carried Unanimously
Mayor
City Clerk
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R&C-2023-08
Report
Report to: Mayor and Council
Date: May 30, 2023
Title:
Allister Young Arts & Culture Endowment Fund 2023
Recipient
Recommendation(s)
That Council acknowledge Eve Atoms as the 2023 Allister Young Arts & Culture
Endowment Fund recipient.
Executive Summary
The Allister Young Arts & Culture Endowment Fund is awarded annually to one Niagara
Falls resident in any creative arts field. The Culture Committee received several, very
worthy applications for the award. After careful review and consideration, Eve Atoms is
recommended as the 2023 recipient.
Eve Atoms uses voice, body, multimedia, acoustic and digital sounds to make meaning
and connect creatively. She considers herself a storyteller, performer and music maker.
She expresses herself in a variety of ways such as voice, movement, poetry, sound
production and much more.
With an academic background in anthropology, Eve is particularly interested in “people”
and the ways we interact with each other and our world. She is inspired by diverse voices
in society and the nuanced narratives that lie between them.
Her creative expressions emanate through her writing, productions and performances.
She has shared her work on stage at the First Ontario Performing Arts Centre, in spaces
such as Lit Cab, at In the Soil Festival and Rhizomes, and at Porchfest. Her poetry and
songs have been featured on Trail Mix, at the St. Catharines History Museum, and at the
Folk Arts Multicultural Centre. She has also collaborated with the Niagara Falls Public
Library to activate Autism Awareness Month through their “Outside the Box” Living
Library, as well as Heartland Forest in support of a monthly accessible drum circle.
Background
In 1997, Mr. Allister Young donated a 1932 Ford Roadster to the Arts & Culture
Commission (now the Culture Committee). The Commission raffled the car off and the
money raised was used to establish the Young Family Endowment Fund.
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Several changes have been made to the endowment fund since it began in 1998 including
changing the name from the Young Family Endowment Fund to the Allister Young Arts &
Culture Endowment Fund.
The criterion for applications is as follows:
1. All individual applicants must be residents of the City of Niagara Falls;
2. Applicants may submit only one application to each deadline;
3. Members and relatives of the Culture Committee are not eligible to apply;
4. Recipients must be active artists in any creative arts field in the City of Niagara
Falls;
5. Recipients must have accumulated substantial volunteer hours in the arts or in
an arts organization in Niagara Falls;
6. Recipients must be graduating high school or older to receive this award.
Completed applications must include the following:
1. Applicants must submit a resume along with either a digital portfolio, video,
examples of written/performance work, or a website address;
2. Applicants must provide a written artist statement and statement of intention;
3. Applicants must submit a letter substantiating their volunteer hours with an arts
organization;
4. Applicants must agree to be available for promotion of the Allister Young Arts &
Culture Endowment Fund award.
Analysis
The Allister Young Arts & Culture Endowment Fund was established to provide an arts
awards program. The applicant that was selected meets all of the requirements to be
eligible for the award.
Financial Implications/Budget Impact
The annual expenditures made to the recipients for the Allister Young Arts & Culture
Endowment Award are funded in full from a Special Purpose Reserve established for this
purpose. The award includes a cheque for $1000.00 for each recipient to continue to
pursue their art.
Strategic/Departmental Alignment
The City of Niagara Falls is committed to building and promoting a vibrant, sustainable
city that supports an active, connected, and creative community. Through the Allister
Young Arts & Culture Endowment Fund, the Culture Committee is able to support a local
artist who has contributed to enriching the lives of Niagara Falls residents, our community,
and will allow them to continue their growth.
Written by:
Clark Bernat, Culture & Museums Manager
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Submitted by: Status:
Kathy Moldenhauer, General Manager of Recreation,
Culture & Facilities
Approved
- 18 May
2023
Jason Burgess, CAO Approved
- 23 May
2023
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PBD-2023-029
Report
Report to: Mayor and Council
Date: May 30, 2023
Title:
26T-11-2023-001 & AM-2023-002
Draft Plan of Subdivision
8218, 8228, and 8547 Grassy Brook Road
Applicant: Empire (Grand Niagara) Project GP Inc.
Agent: Armstrong Planning I Project Management
Recommendation(s)
1. That the application to amend the City’s Official Plan be approved, subject to the
policies outlined in this report and in Schedule 3;
2. That the application to amend the Zoning By-law be approved, subject to the
regulations outlined in Schedule 4;
3. That the amending zoning by-law include a Holding (H) provision to require an
Overall Servicing Strategy, an updated Land Use Compatibility Study, and an
Environmental Strategy be submitted for each respective phase of development
to the satisfaction of the Niagara Region;
4. That the Plan of Subdivision be draft approved subject to the conditions in the
attached Appendix A;
5. That the notice of decision include a statement that public input has been
received, considered, and has informed the decision of Council;
6. 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;
7. 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,
8. 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
Empire (Grand Niagara) Project GP Inc. has submitted an application to subdivide
184.46 hectares (455.81 acres) of land on the north side of Biggar Road west of
Montrose Road.
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The application proposes a total of 3,558 - 5,387 dwelling units consisting of back-to-back
townhouse units, on-street townhouse units, detached dwelling units with cottages,
detached or semi-detached dwelling units, small-lot detached dwelling units, medium
density (stacked townhouse and apartment) dwelling units, apartment dwelling units,
dwellings within mixed-use buildings, and blocks for hospital employment uses, schools,
stormwater management purposes, parks, environmental protection area, road
widenings, bioswale, and land to be dedicated as municipal streets.
The applicant has also applied to amend the City’s Official Plan to apply a Special Policy
Area to permit an increase in height permissions for the proposed apartment and mixed -
use blocks; and to amend Zoning By-law No. 79-200 to rezone the lands to permit
residential, institutional, commercial, environmental and open space uses.
Planning staff recommends the applications, subject to the inclusion of the holding (H)
provision, for the following reasons:
• The proposed development conforms to Provincial, Regional, and City policies as
it contributes to the Built-up area and South Niagara Falls Hospital Regional
Growth Centre density targets, provides a variety of housing types, contributes to
a complete community as a mix of uses is proposed, preserves natural heritage
features, results in the efficient expansion of infrastructure, and is transit
supportive;
• The requested residential, institutional, environmental, and open space zones, as
modified by Staff, maintain appropriate regulations for the proposed dwelling
types, institutional, environmental, and open space uses and ensures the
proposed development will be compatible with surrounding properties; and,
• Draft plan conditions appropriately address servicing, environmental, land use
compatibility, archaeological, environmental site condition, urban design, and
open space matters. Future site plan applications will review the site layout and
servicing for the multiple residential, mixed-use, and hospital employment blocks.
The conditions of draft plan approval, which must be satisfied before subdivision
registration, are listed in Appendix A. These conditions address servicing, roads,
environmental protection, construction of a boat ramp and trails, landscaping, utility
installation, and all other matters related to the development of the subdivision.
Background
Proposal
Empire (Grand Niagara) Project GP Inc. has submitted an application to subdivide 184.46
hectares (455.81 acres) of land on the north side of Biggar Road west of Montrose Road.
Refer to Schedule 1 for the location and Schedule 2 for details of the proposed
subdivision.
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The application proposes a total of 3,558 - 5,387 dwelling units consisting of 57-74 back-
to-back townhouse units, 374-455 on-street townhouse units, 148-128 detached dwelling
units with cottages, 375-707 detached or semi-detached dwelling units, 142-184 small-
lot detached dwelling units, 403-605 medium density (stacked townhouse and apartment)
dwelling units, 633-1,266 apartment dwelling units, 1,476-1,968 dwelling units and other
uses mixedin -schools, uses, hospital for employment and buildings, use blocks
stormwater management purposes, parks, environmental protection area, road
widenings, bioswale, and land to be dedicated as municipal streets.
The land is designated Residential, in part, Environmental Protection Area (EPA), in part,
Environmental Conservation Area (ECA), in part, Minor Commercial, in part, and
Industrial, in part, under the City’s Official Plan. The land is within the Grand Niagara
Secondary Plan Area and is designated Residential Low/Medium, in part, Mixed Use, in
part, Hospital Employment, in part, EPA, in part, and ECA, in part.
The applicant has requested an Official Plan amendme nt to apply a Special Policy Area
for a portion of the Residential Low/Medium Density designated lands to permit apartment
blocks (Blocks 89-92) to have a maximum height of 10 storeys (current maximum height
permissions is 4 storeys or 14 metres); and, for the mixed-use blocks (Blocks 93-95) to
have a maximum height of 15 storeys (current maximum height permissions is 6 storeys
or 25 metres). Refer to Schedule 3 for the proposed amendment schedule.
The land is currently zoned Open Space (OS -774, OS-H-775, OS-H-776) under Zoning
By-law 79-200.
The applicant requests the land be rezoned from OS-774, in part, OS-H-775, in part, and
OS-H-776, in part, to the following parts: a site specific Residential and Two (R2-AAA)
zone, site specific Residential 1F Density (R1F-BBB, R1F-CCC, R1F-DDD) zones, site
specific Residential Mixed (R3-EEE and R3-FFF) zones, site specific Residential Low
Density, Group (R4Dwelling Multiple -R4GGG and -zones, spesite a HHH) cific
Residential Apartment 5E Density (R5E-III) zone, a site specific Residential Apartment
5F Density (R5F-JJJ) zone, a site specific Institutional (I-KKK) zone, a site specific
Environmental Protection Area (EPA-MMM) zone, and a site specific Open Space (OS-
NNN) zone. Refer to Schedule 4 for the proposed zoning schedule.
The applicant has agreed to provide trails and a boat launch for public use. Draft plan
conditions address these items.
The comprehensive development is supported by the submission of the following
studies:
• Planning Justification Report- Outlines the proposed development, reviews and
concludes it is consistent with Provincial, Regional, and Local policies and
represents good planning.
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• Urban Design Brief- Overviews the land uses, private realm built form typologies,
street network road types, public realm features, and architectural guidelines.
The Brief sets out design principles that will be utilized in the finalization of plans,
the provision of public parks and trails, and the architectural design of buildings.
A draft plan condition requires the submission of final Urban Design Guidelines to
the satisfaction of the City.
• Stage 1 Archaeological Assessment- Seven sites are recommended for further
assessment. A draft plan condition requires archaeological clearance letters be
provided, where required, for each phase of development.
• Transportation Impact Study- The signalized intersections function at acceptable
or better levels of service. Future traffic signals will be required at the
intersection of Lyons Creek Road and the QEW northbound off-ramp and
Montrose Road and Oakwood Drive (by 2036-2041). It is recommended that
volumes be monitored to determine whether intersection control improvements
are required. Traffic signals are not likely triggered by 2031 except for Biggar
Road and Street A. The traffic from the proposed development can be
accommodated by the future road network and all intersections and the internal
road network will operate adequately with the planned and recommended
improvements.
• Functional Servicing Report- Servicing will be extended and the network will
follow the road layout to provide a looped system throughout the development.
Multiple connections to the municipal sanitary system is required based on the
site grading and layout. Ahead of the completion of the Region’s planned
sanitary projects (South Niagara Falls Wastewater Treatment Plant, Montrose
Road sanitary trunk sewer, and elimination of the Grassy Brook Pumping
Station), the applicant proposes several interim sanitary solutions which are
being discussed with Regional and City staff including limiting development that
contributes to the Grassy Brook Pumping Station, upgrade the existing pumps at
the Pumping Station, install a new Pumping Station and additional secondary
storage in an earthen basin, upgrade the forcemain, and/or install an on-site
packaged wastewater treatment plant to treat the sanitary flows and discharge
the effluent to the Welland River. Draft plan conditions address the applicant
providing plans and confirming capacity in the system to the satisfaction of the
Region and City.
• Stormwater Management Report- The recommended stormwater concept
consists of four stormwater management wet ponds. Draft plan conditions
address the applicant providing plans to the satisfaction of the Region and City.
• Land Use Compatibility Study, Air Quality, Dust, Odour & Noise Report -
Applicable policies and guidelines are met. Within the area of influence, there are
only two class I industries (ES Fox and Concentrix) that need to be assessed.
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Cytec is outside of the area of influence. Additional noise assessment for the CP
railway is warranted as it is used for freight transport; however, vibration impacts
are not anticipated. The proposed development is unlikely to result in increased
compliant/nuisance claims, result in operational constraints for major facilities;
and, is unlikely to result in constraints on major facilities to reasonably expand,
intensify, or introduce changes to their operations. A draft plan condition requires
warning clauses to be included in purchase agreements to address the potential
for dust, odour or noise due to local industrial and agricultural activities; and,
notification to dwelling unit owners within 300 metres of the rail right-of-way.
• Phase I and Preliminary Phase II Environmental Site Assessment (ESA)- The
property could be impacted by potentially contaminating activities (i.e. the Grand
Niagara Clubhouse/Restaurant activities, the rail yard/spur the crosses the
property, and nearby industrial/commercial uses. The results determined soil and
groundwater samples met standards with only several soil samples that have
elevated levels of electrical conductivity that is not anticipated to have an impact
on the proposed residential uses. The Phase II ESA recommended an
environmental strategy to determine additional testing locations and applicable
standards as the development is further refined. A draft plan condition and
holding (H) provision require an Environmental Strategy and applicable site
conditions (i.e. Record of Site Condition) be addressed for each phase of
development.
• Environmental Impact Study Addendum- Within the study are there are
Provincially Significant Wetlands, Significant Woodlands, and Significant Wildlife
Habitat, as well as two watercourses. The development limits have been
established to avoid encroachment into these features and mitigation measures
have been considered to reduce potential impacts. For areas where
encroachment or removal of features is required to facilitate the proposed
development, an Ecological Restoration Plan is being created to compensate for
these areas. Draft plan conditions require the submission of mitigation and
ecological restoration plans to the satisfaction of the Region.
• Floodplain Mapping Survey- The proposed development would have negligible
impacts on the existing floodplain as the model of three watercourse crossings
show that the proposed 100-year water levels would have minor increases (0.01
m to 0.03 m) to existing levels.
• Preliminary Hydrologic Assessment and Water Balance Study- Predevelopment
monthly water balance modelling for the wetlands indicates most are not
dependent on upgradient runoff. The Study recommends that drainage be
directed towards wetlands, implement the EIS recommended buffers, and
continue to monitor groundwater.
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Site Conditions and Surrounding Land Uses
The subject land is bordered by Welland River to the north, Montrose Road to the east,
Biggar Road to the south, and the closed and conveyed Crowland Road to the west.
Grassy Brook Road bisects the property—a portion is publicly owned with the remainder
owned by the applicant.
In addition, the land is bisected by the Canadian Pacific railway corridor. A new at -grade
rail crossing is proposed for Street A. No development is proposed within the petroleum
gas pipeline easement, located at the south-west corner of the property, or the hydro
corridor easement, located along the north side of the rail corridor. The Enbridge gas
easement is proposed to be relocated to run along the Grassy Brook Road right -of-way.
(Grand club Nia currently is land The golf that facilities associated with agara)
incorporates the woodlots and watercourses within the course. Several man-made ponds
and alterations to the natural topography facilitated the course layout.
The subject land also includes agricultural land as well as two parcels that were formerly
used for residential purposes (8218 and 8228 Grassy Brook Road).
While not part of the application, there is an agreement for ecological restoration between
Empire and the landowner on the west side of Crowland Road to allow restoration to
occur in accordance with the Grand Niagara Secondary Plan- Restoration Plan.
In the surrounding area, north of the Welland River are industrial uses (E.S. Fox) with the
Solvay (Cytec) facility being approximately 2 km north-west of the site. To the south and
west are agricultural uses and detached dwellings on a variety of sized lots. To the south-
east is the future South Niagara Falls Hospital site. In addition, lands south of Biggar
Road were approved as an urban boundary expansion area under the new Regional
Official Plan.
Circulation Comments
- Niagara Region
• No objections, subject to meeting the conditions listed in Appendix A and the
inclusion of the following holding (H) provisions in the amending zoning by -law:
o To ensure that an Overall Servicing Strategy is determined for the
subdivision and that servicing needs for each respective phase of
development is demonstrated;
o To ensure that an updated Land Use Compatibility Study is reviewed and
approved for each respective phase of development; and,
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o To ensure that an Environmental Strategy, as recommended through the
Preliminary Phase Two Environmental Site Assessment, is developed and
that appropriate site condition standards for each respective phase of
development is demonstrated.
• The following studies are required to be updated and are draft plan conditions:
o Updated Land Use Compatibility Study -to provide an assessment of the
operations of the new South Niagara Falls Hospital (i.e. HVAC, loading
areas, helipad) and include additional measurements along the eastern
extent of the rail corridor and traffic volume forecasts.
o Phase 2 Environmental Site Assessment (ESA), an Environmental
Strategy, and Record of Site Condition, if needed.
o Additional archaeological assessment and the receipt of Ministry of
Tourism, Culture and Sport Clearance Letters.
o A Wildlife Impact Mitigation Plan to ensure road construction allows for
appropriate wildlife corridor function where Grassy Brook and Lyons Creek
cross through Core Natural Heritage System Features is required.
o A Tree Preservation Plan, Streetscape/Landscape Plan, Eco logical
Restoration Plan, and Environmental Monitoring Plan that result in the
planting of native species and the removal of invasive species.
o An Overall Servicing Strategy is needed to review potential servicing
options for the proposed development to ensure that the system can
accommodate proposed flows.
• The proposed development can be accommodated without a significant negative
impact to the Core Natural Heritage System—the future Trails Plan and Personal
Watercraft Boat Launch will need additional environmental studies.
• The costs associated with the signalization of Montrose Road and Grassy Brook
Road, including the dedication of additional daylight triangle land, will be the
responsibility of the Developer and its timing will be determined through traffic
monitoring. Montrose Road and Chippawa Creek Road will be monitored by the
Region and traffic signals will be installed when warranted. Any future driveway
for Block 93 will be reviewed at the time of a future site plan submission.
• While the Region requested building stepbacks in the R5F-JJJ zone (at the 2nd
floor to a minimum of 2.0 m and the 4th floor to a minimum of 1.5 m), City staff
recommend that a stepback of 3 m be provided at the 3rd floor which is standard
with City practices.
• With regards to blocks that front onto Montrose Road (Regional Road 98), the
Region provides guidance for the Urban Design Guidelines to address interface
and interaction with the Regional streetscape, mitigation of wind/shadow impacts,
and requests the Guidelines address how the built form and uses can enliven the
streetscape.
With the implementation of the conditions and holding (H) provisions, the Local
Official Plan Amendment is exempt from Regional Council approval.
- Niagara Peninsula Conservation Authority
• No objections, subject to meeting the conditions listed in Appendix A.
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- Canadian Pacific Railway
• No objections, subject to the developer incorporating the safety measures
outlined in the 2013 Proximity Guidelines and subject to meeting the co ndition
listed in Appendix A.
- Building Services
• Building/demolition permits will need to be obtained. Building permit fees and
development charges will be assessed during building permit application review.
- Business Development, GIS Services, and Legal Services
• No objections.
- Fire Services, Parks & Landscape Services, Municipal Works, Transportation
Services, Bell Canada, Canada Post, Cogeco, Enbridge, and HydroOne
• No objections, subject to meeting the conditions listed in Appendix A.
• Municipal Works conditions include: the provision of servicing and grading plans
for review and approval, confirmation of capacity at the Grassy Brook Sewage
Pumping Station, a sidewalk on one side of all local roads and both sides on
collector roads, the contribution of funds towards the signalization and
construction of turning lanes at the new intersection and at the intersection of
Biggar Road and Street A, the installation of speed control devices, a
secondary/emergency access be provided in Phase 1, the assessment of the
proposed at-grade road/rail crossing of Street A to ensure it meets regulations, a
boat launch is to be constructed and installed at the Welland River, and trails are
to be provided throughout the Environmental Protection Area and Open Space
lands.
• 2.94 m road widening is required along the north side of Biggar Road.
• Daylight triangles are required at all street corners.
Neighbourhood Comments
A neighbourhood open house was held on April 17, 2023, attended by the applicant’s
agent and 4 individuals.
One written comment was received that indicates they disagree with the proposal;
however, no reasons were provided.
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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, subject to the clearance of draft plan conditions;
• The proposed development is within a settlement built-up area, provides a
mixture of housing types including accessory dwelling units, is transit supportive,
assists in the creation of a complete community, protects and restores significant
natural heritage features, is located outside of the Welland River floodplain and is
generally located outside of the Lyon’s Creek and Grassy Brook watercourse
floodplain, provides opportunities for employment uses that are compatible to the
nearby residential and hospital uses, and minimizes land consumption and
servicing costs;
• The proposed subdivision’s density ranges from a minimum of 68.6 persons and
jobs/ha and to a maximum of 103 persons and jobs/ha which exceeds the
Provincial density target of 50% annual intensification within the delineated built -
up area;
• The submitted Land Use Compatibility Study indicates no negative impacts are
expected for nearby industries/commercial uses and there is not expected to be
nuisance complaints. Warning clauses for noise, abutting land uses, and the CP
rail line have been provided. A holding (H) provision and draft plan co ndition
requires the submission of an updated Study; 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,
provides for commercial, institutional, and open space uses, and ensures the
protection of the natural heritage features.
2. Regional Official Plan
The subject land is designated as Urban Area (Built-up Area) in the Regional Official Plan.
The portion of the subject land located south of the rail corridor (Blocks 80 -82, on-street
townhouses, 94-95, mixed-use, and 117, environmental protection area) is further
identified as part of the South Niagara Falls Hospital Regional Growth Centre strategic
growth area which has a density target of a minimum of 100 people and jobs/ha by 2051.
The proposed development conforms as follows:
• The proposed development will contribute to the City’s ability to meet the
forecasted intensification rate (minimum 50% annually) within the urban area, it
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will be phased to ensure servicing capacity is available, provides for a mixture of
housing types, unit sizes and accessory dwelling units to accommodate the
needs of residents, contributes to a complete community as there will also be
commercial, hospital employment, institutional, and open space uses, and there
is an efficient road and active transportation network;
• The mixed use blocks (Blocks 94 and 95) are within the South Niagara F alls
Hospital Regional Growth Centre. The Official Plan amendment requests an
increase in height to accommodate the required intensification. The proposed
minimum residential yield (1,151 dwelling units, resulting in a density of 150
people/ha) exceeds the density target without the inclusion of the required
commercial uses. The implementation of the proposed Special Policy Area and
zoning would result in the blocks exceeding the minimum density target. A draft
plan condition requires the confirmation of density with each proposed phase of
the development; and,
• Core Natural Heritage System features (i.e., Provincially Significant Wetland
(PSW) and other wetlands, significant woodlands, Lyon’s Creek and Grassy
brook watercourses) have been assessed.
No development will occur within any PSW or valleyland of the Welland River and
most of the significant woodland is retained. The construction of trails is permitted
as the Environmental Impact Study has identified appropriate feature buffers.
The proposed development does include the removal of some of the woodlands,
non-significant PSW, and ponds (associated with the golf course). To compensate,
ecological restoration is proposed on lands on the west side of Crowland Road
and an agreement between the applicant and landowner is in place. Draft plan
conditions require the submission of several plans and monitoring to ensure no
negative impact to the Core Natural Heritage System results from the proposed
development.
3. City's Official Plan
The Official Plan designates the subject land as Residential in part, Environmental
Protection Area (EPA), in part, Environmental Conservation Area (ECA), in part, Minor
Commercial, in part, and Industrial, in part, within the Built-up Area.
The land is within the Grand Niagara Secondary Plan Area and is designated Residential
Low/Medium, in part, Mixed Use, in part, Hospital Employment, in part, EPA, in part, and
ECA, in part.
The applicant has requested an Official Plan amendment to apply a Special Policy Area
for a portion of the Residential Low/Medium Density designated lands to permit apartment
blocks (Blocks 89-92) within the plan of subdivision to have a maximum height of 10
storeys (current maximum height permissions is 3 storeys or 10 metres); and, for the
mixed-use blocks (Blocks 93-95), South Niagara Falls Hospital Regional Growth Centre,
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within the plan of subdivision to have a maximum height of 15 storeys (current maximum
height permissions is 6 storeys or 25 metres).
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 general objectives the Official Plan as follows:
• The lands have been identified in the Grand Niagara Secondary Plan for
residential, mixed-use, and hospital employment development;
• The proposed development will have a range of dwelling types, as well as
accessory dwelling units, on a variety of sized lots that will contribute to the City’s
annual built-up area intensification target of 50% (the overall minimum yield is
68.6 persons and jobs/ha and overall maximum yield is 103 persons and jobs/ha)
and it is noted that within the South Niagara Falls Hospital Regional Growth
Centre the density target of 100 persons and jobs/ha will be exceeded (Blocks 94
and 95 are each proposed to have a density between 383 -510 persons and
jobs/ha, based on the applicant’s submission), the creation of a complete
community that offers schools, parks, and commercial and hospital employment
uses, and is transit supportive;
• It utilizes land efficiently, is designed as a modified grid pattern with appropriate
block lengths, the neighbourhood housing form and densities policies are met,
and the design implements the land use policies of the Secondary Plan;
• The proposed increase in height from a maximum of 3 storeys to 15 storeys for
the apartment blocks (Blocks 89-92) is supported as the increase in height will
facilitate a higher amount of apartment dwellings, which may be more affordable
to residents, and allow aging in place in the community;
• The City’s Housing Strategy is realized with a draft plan condition that requires
an accumulation of a minimum 40% of the dwelling units proposed to be built will
meet the definition of “affordable” as defined in the Official Plan. In addition, the
draft plan condition requires confirmation that density requirements of the
Region's and City's Official Plans are met. The draft plan proposes small-lot
(cottage house) dwellings that will be approximately 900-1,200 square feet in
size, detached dwellings with 1 or 2 accessory dwelling units, and if the Official
Plan amendment goes into effect, a significant increase in the number of
apartment dwelling units. Further, it is expected that the apartment and mixed -
use blocks may include rental units that will contribute to the City’s affordable
housing supply;
• The proposed increase in height from 6 storeys to 15 storeys for the mixed use
blocks (Blocks 93-95) is supported as it will facilitate the achievement of the new
South Niagara Falls Hospital Regional Growth Centre density target that was not
contemplated in the Secondary Plan;
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• In conformity with the Secondary Plan, no dwelling units are proposed and no
parkland is being dedicated within the 2 km Cytec arc. Within the 200-metre
setback from the arc, single and semi-detached dwellings with a maximum height
of 8 metres are being proposed, which is permitted;
• Draft plan conditions require Urban Design Guidelines (to address the public and
private realms), trail master plans, and road cross sections that will ensure
conformity with the respective Secondary Plan policies, to the satisfaction of the
City;
• The extension of municipal services is orderly and logical. The developer is
required to confirm, to the City’s and Region’s satisfaction, that there is capacity
in the sanitary sewer system prior to final approval of each phase of the
development;
• The Environmental Impact Study identified 43% of the subject land, consisting of
Provincially Significant Wetlands (PSW), other non-PSW wetlands, significant
woodlands, and the Lyon’s Creek and Grassy Brook watercourses, is to be
environmentally protected with appropriate buffers. Trails and other associated
recreational facilities (i.e. boat ramp with NPCA approval) are permitted. The
Secondary Plan contemplated the removal of non-significant PSW and
woodland, with compensation to the satisfaction of the City, Region, and NPCA.
A draft plan condition will address the compensation, restoration and
enhancement plan for the ecological restoration work that will be done on the
adjacent lands to the west of Crowland Road for which an executed agreement
between the landowners has already been entered into;
• The Hydrogeological Assessment and Water Balance concluded that
development would not negatively impact the hydrology of the wetlands and
provides recommendations to ensure clean run-off is directed to certain wetlands
to maintain pre-development flow;
• The Land Use Compatibility Study recommended the inclusion of buffer blocks,
safety berms, and fences; and, warning clauses regarding traffic and the rail
corridor in the subdivision and future site plan agreements. The City has
included a warning clause for Cytec. It is noted that Cytec is located outside of
the area of influence. No mitigation is required with respect to air quality or
vibration. The Study concluded that the development is unlikely to place
constraints on industrial facilities ability to reasonably expand, intensify, or
introduce changes to their operations. As well, the industrial operations are not
expected to have any impact on residents in the development due to both their
location and current operations. A draft plan condition requires an updated Land
Use Compatibility Study;
• The Phase 1 Environmental Site Assessment identified areas of potential
environmental concern on-site associated with rail use and off-site due to
adjacent industrial uses. A Phase 2 Environmental Site Assessment is required.
In addition, as the majority of the site is used for a commercial use (golf course),
a Record of Site Condition (RSC) is required. Due to the size of the land, and
the on-going assessments, a draft plan condition will require the filing of RSCs in
accordance with the phasing of the development; and,
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• A Stage 1 Archaeological Assessment was completed that ide ntified areas where
additional assessments will be required prior to development. A draft plan
condition will require the submission of archaeological assessments and Ministry
of Tourism, Culture, and Sport Clearance Letters for each phase of the
development.
4. Zoning By-law
The applicant has requested new site specific R2, R1F, R3, R4, R5E, R5F, I, EPA, and
OS zones be applied to the subject land to permit the proposed development. Refer to
Schedule 4 for the proposed zoning details and schedule.
Residential/Mixed-Use Lots and Blocks
The applicant is requesting:
• Detached and semi-detached dwellings be zoned several site specific
Residential R1F Density (R1F) zones;
• Detached and semi-detached dwellings be zoned a site specific Residential 2
(R2) zone;
• On-street and back-to-back townhouse dwellings be zoned site specific
Residential Mixed (R3) zones. As the City classifies back-to-back townhouse
dwellings as an apartment form, Staff recommend that the use be placed under a
site specific R5D zone which permits an apartment dwelling;
• Medium density residential blocks be zoned to site specific Residential Low
Density, Grouped Multiple Dwellings (R4) zones;
• Apartment, stacked and back-to-back townhouse dwellings with permissions for
at-grade neighbourhood commercial uses abutting Grassy Brook be zoned a site
specific Residential Apartment R5E zone; and,
• Apartment, on-street, block and back-to-back townhouse dwellings with
permissions for at-grade or stand-alone neighbourhood commercial uses be
zoned to a site specific Residential Apartment R5F zone.
Staff recommend the proposed R5F zone be instead zoned under the GC zone which is
used for mixed-use developments. The proposed GC zone would allow certain
commercial uses permitted under the Grand Niagara Secondary Plan.
Apartment dwelling units will be permitted at-grade to a maximum of 49% of the ground
floor area with frontage onto a public street reserved for commercial uses to maintain an
active streetscape, and 100% of the floor area above th e ground floor..
Further, staff recommend that a minimum 50% of the lot area has one or more of the non -
residential uses with the remainder of the lot area being able to consist of stacked or
back-to-back townhouses and apartment dwellings. This will e nsure that the mixture of
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uses envisioned for this area will be developed and that the blocks are not developed for
only residential purposes.
The requested zoning is appropriate, unless specified otherwise in Schedule 4, as follows:
• The requested reductions in minimum lot area, lot frontage, front yard, rear yard,
interior side yard, and exterior side yard is appropriate as suitable lot dimensions
are maintained, an acceptable building envelope remains, appropriate amount of
landscaping and setback from the streets are maintained, and a compact urban
form will result;
• The requested elimination of lot coverage is supported as the lots are smaller
than the standard zone regulations and Staff have recommended maintaining the
minimum landscaped open space regulations that will ensure suitable amenity
area is provided to residents;
• The reduction of minimum landscaped open space is supported as a suitable
amenity area is provided to residents. In addition, the R5F zone requires an
additional amenity area per dwelling units;
• The requested increase in height will not have an impact on surrounding
properties and will contribute to the development meeting Regional and City
Official Plan density targets;
• The requested elimination of the daylight triangle setback is supported as all
daylight triangles will be dedicated to the City as part of road allowances;
• The requested regulation for projection of a porch/balcony into any front, rear, or
required side yard is supported as the front and rear yards are being reduced
and a greater projection into the required side yard will allow for exterior side
yard wrap-around porches;
• The elimination of the number of apartment dwellings on one lot is appropriate as
multiple dwellings may be constructed on the blocks with no negative impact on
abutting parcels;
• The requested departures from the second units interior to the primary dwelling
provisions are supported as they conform with current Provincial legislation, the
elimination of floor area will facilitate additional dwelling units within the primary
dwelling without having a negative impact on surrounding neighbours, and the
parking space requirement is being retained; and,
• The requested departures from second units within accessory building provisions
are supported as they conform with current Provincial legislation, retain the floor
area percentage of the primary dwelling and parking space requirements. The
increase in height is consistent with the increase of height for the primary
dwelling. The increase in the projection of eaves/gutters/canopies into the rear
or exterior side yard setback is supported as there will be no negative impact.
The establishment of a 4.5 m exterior side yard setback is supported to ensure
that the dwelling unit is appropriately setback from the street and the interior side
yard setback is supported as one side of the dwelling unit may have a 0.6 m
setback. In addition, the massing of the accessory building will be less than the
primary dwelling so is not expected to have a negative impact on the abutting
property owner. Staff support the request for no side yard setback where the
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accessory building shares a common lot line as it is a similar form to a semi-
detached unit or townhouse development.
Staff recommend the amending by-law include the following:
• That a minimum building height regulation is established in the R5E-III and GC-
JJJ zone to ensure that the maximum height policies of the Grand Niagara
Secondary Plan are maintained as the minimum to ensure the intent of the
Secondary Plan is realized;
• The addition of a step back above the 3rd storey in the R5E-III and GC-JJJ zone
will maintain a pedestrian-scale at the street and assist in the reduction of
shadowing and wind impacts; and,
• The addition of a landscape buffer between the street and parking space in the
GC-JJJ zone will provide an attractive streetscape to the mixed-use
development.
The requested zoning is not appropriate as follows:
• The requested reduction in the RIF-CCC zone for minimum interior side yard is
not supported as one interior side yard needs to have a setback of 3 metres to
accommodate the parking of a vehicle in a side yard as the front yard setback is
not deep enough to facilitate the parking of a vehicle on the lot;
• The requested reduction in the R3-EEE zone for minimum lot frontage is not
supported as the garage width will dominate the frontage of the dwelling;
• The requested elimination in the R1F-CCC, R1F-DDD zone of minimum
landscaped open space is not supported as a suitable amenity area needs to be
provided to residents. Staff support a reduction from the standard regulation
from 30% to 25%;
• The requested encroachment into a parking space is not supported the
dimensions of a standard vehicle would need to be provided to be able to be
classified and be usable as a parking space. With the reduced lot frontages, the
ability for on-street parking is limited; and,
• The requested elimination of the maximum area of a rear yard which can be used
as a parking area is not supported as the standard regulation will allow for one
parking space and a landscaped area is needed to provide amenity space for
residents.
Other Lands
The applicant is requesting the hospital employment designated blocks be zoned a site
specific Institutional (I) zone and the school blocks a site specific Institutional (I) zone with
permitted residential uses in accordance with the provisions of the R2-AAA zone should
the blocks not be required for a school.
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As the I-KKK proposed zone land is within the Hospital Employment designation of the
Grand Niagara Secondary Plan, Staff propose the following uses that are permitted within
the Secondary plan: hospital, institutional use, clinic, medical laboratories, research,
innovation and development facilities, office, public use, retail, small scale commercial
use, hotel, restaurant, assisted living for special needs groups, long term care facilities,
hospice, animal clinic and personal service shops.
The applicant requested a maximum building/structure height of 3 storeys. As the Grand
Niagara Secondary Plan permits a maximum height of 6 storeys or 25 m in height,
whichever is less, Staff recommend that the amending by -law capture the maximum
height permissions contained within the Secondary Plan.
In addition, the Secondary Plan prohibits outside storage and requires a landscape buffer
be provided between a street and parking space. The amending by-law will include
regulations for those items.
The I-LLL zone requests the following additional uses: residential uses. Staff do not
support the inclusion of residential uses as both school boards have indicated that the
blocks are required to fulfill student needs in the area.
The applicant is requesting the environmental conservation lands be zoned a site specific
Environmental Protection Area zone to permit trails.
In addition to trails, which are permitted by Regional and City Policy, Staff recommend
the EPA-MMM zone may include a boat ramp providing access to Welland River, with
approvals from the NPCA.
The applicant is requesting the stormwater and park blocks be zoned a site specific Open
Space (OS) zone to permit trails and stormwater management facilities.
Staff support the zoning of parks (OS-NNN) with added permissions of trails and eliminate
the minimum lot frontage and lot area requirements as the parcels will be under municipal
ownership and are of a suitable size for public community parks and parkettes.
As stormwater management blocks are zoned EPA, staff recommend that the proposed
stormwater management blocks be zoned under the EPA zone with added permissions
of trails, as permitted under Regional and City policy, stormwater management facilities,
and the boat ramp providing access to the Welland River with approval from the NPCA.
Holding (H) Provision
A Holding (H) provision to require an Overall Servicing Strategy, an updated Land Use
Compatibility Study, and an Environmental Strategy be submitted for each respective
phase of development to the satisfaction of the Niagara Region
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5. Subdivision Design and Conditions of Approval
The application proposes a total of 3,558 - 5,387 dwelling units consisting of 57-74 back-
to-back townhouse units, 374-455 on-street townhouse units, 148-128 detached dwelling
units with cottages, 375-707 detached or semi-detached dwelling units, 142-184 small-
lot detached dwelling units, 403-605 medium density (stacked townhouse and apartment)
dwelling units, 633-1,266 apartment dwelling units, 1,476-1,968 dwelling units and other
uses mixedin -schools, uses, employment for hospital and buildings, use blocks
stormwater management purposes, parks, environmental protection area, road
widenings, bioswale, and land to be dedicated as municipal streets.
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;
• Dedication of park blocks to the City and school blocks to the respective school
boards;
• That the developer contributes funds for the signalization of the new intersection,
and a westbound right turn lane and an eastbound left turn lane be designed and
constructed on Biggar Road at Street A;
• An assessment of the proposed at-grade road/rail crossing of Street A to ensure
all requirements of Transport Canada’s Grade Crossing Regulations are met and
Canadian Pacific Railway is satisfied;
• Confirmation of available capacity for the proposed
development in Niagara Region’s Grassy Brook Sewage Pumping Station to the
satisfaction of the City and Region;
• Warning clauses for nearby industrial (including Cytec) and agricultural uses;
• The construction of multi-use trails and the trail network through the park and
environmental protection lands;
• The construction and installation of a boat launch at the Wellan d River;
• The implementation of Grand Niagara Urban Design Guidelines; 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, subject to the clearance of draft plan
conditions, and is not premature as it is within the built-up area and draft plan
conditions require the confirmation of servicing capacity prior to the registration of
each phase;
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• The proposal conforms to the City’s Official Plan and Staff support the increase
in height for the apartment and mixed-use blocks as contemplated in the Official
Plan amendment application. The land’s configuration is suitable for
development. The multi-residential, mixed-use, and hospital employment blocks
will require future draft plan of condominium/site plan applications which will
confirm building placement, parking and landscape areas, and amenity space;
• Adequate access will be provided from the existing Regional road network and
the proposed transportation network is sufficient for the development’s needs;
• Development is not proposed in natural heritage and hazard lands and is no t
proposed where existing easements are in place;
• The proposed development will be serviced by municipal services and students
may attend the neighbourhood schools that will be constructed in the
development by the District School Board of Niagara and Niagara District
Catholic School Board;
• Land for parkland purposes is being 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 streetscaping, 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.
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, while
providing employment opportunities, and preserving the natural heritage system.
List of Attachments
Schedule 1- Location
Schedule 2- Draft Plan of Subdivision
Schedule 3- Official Plan Amendment
Schedule 4- Zoning Bylaw Amendment
Appendix 1 - Draft Plan Conditions
Written by:
Julie Hannah, Senior Manager of Current Planning
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Submitted by: Status:
Andrew Bryce, Director of Planning Approved
- 19 May
2023
Kira Dolch, General Manager, Planning, Building &
Development
Approved
- 23 May
2023
Jason Burgess, CAO Approved
- 23 May
2023
Page 19 of 75
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Schedule 1
Location
Biggar Road
Hospital Site Montrose Road Page 20 of 75
Page 50 of 435
Schedule 2
Draft Plan of Subdivision
Page 21 of 75
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Schedule 3
Official Plan Amendment
Block 89 Block 90
Block 91
Block 92
Block 93
Block 94
Block 95
An Official Plan Amendment to apply a Special Policy Area for:
Blocks 89-92 to have a maximum height of 10 storeys
Blocks 93-95 to have a maximum height of 15 storeys
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1
Schedule 4
Zoning By-law Amendment
The uses and regulations on all those portions of the Subject Lands zoned R2-AAA shall be:
Existing Regulation Proposed Regulation Staff
Recommendation
(details to follow)
Permitted Uses Following uses permitted:
• A detached dwelling
• A semi-detached
dwelling
• A Home Occupation
in a detached
dwelling, or in a
dwelling unit of a
semi-detached
dwelling or a duplex
dwelling, subject to
section 5.5
• Accessory
buildings/structures,
subject to sections
4.13 and 4.14
• A group home type 1
• A bed and breakfast
in a detached
dwelling, or in a
dwelling unit of a
semi-detached
dwelling or a duplex
dwelling, subject to
section 4.37
As per the uses permitted
in the R2 Zone
SUPPORT
Min. Lot Area
370 m2 per Detached
Dwelling
600 m2 per Semi-Detached
or a Duplex Dwelling
225 m2 per Detached
Dwelling
415 m2 per Semi-Detached
Dwelling
SUPPORT
Min. Lot Frontage
12.0 m interior per
Detached Dwelling
15.0 m corner per Detached
Dwelling
8.0 m interior per
Detached Dwelling
10.0 m corner per
Detached Dwelling
SUPPORT
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2
18.0 m interior per Semi-
Detached or a Duplex
Dwelling
20.0 m corner per Semi-
Detached or a Duplex
Dwelling
15.0 m interior per Semi-
Detached or a Duplex
Dwelling
18.0 m corner per Semi-
Detached or a Duplex
Dwelling
Min. Front Yard 6 m, subject to section
4.27.1
3 m to dwelling, plus 6 m
for a private garage with
driveway access from front
yard, subject to 4.27.1
SUPPORT
Min. Rear Yard
7.5 m, subject to section
4.27.1
7.0 m
SUPPORT
Min. Interior Side
Yard
1.2 m, subject to the
REGULATOINs of clauses a
and b of section 5.1
(Detached Dwelling, Semi-
Detached Dwelling, or a
Duplex Dwelling)
1.2 metres on one side and
0.6 metres on the other
side (Detached Dwelling)
1.2 m and 0.0 m on a
mutual side lot line (Semi-
Detached)
SUPPORT
Min. Exterior Side
Yard
4.5 m, subject to section
4.27.1
2.4 m to dwelling, plus 6 m
for a private garage with
driveway access from
exterior side yard, subject
to 4.27.1
SUPPORT
Max. Lot Coverage 45 % Not Applicable SUPPORT
Max.
Building/Structure
Height
10.0 m, subject to section 4.7 12.5 m
Except 8.0 m for any
dwellings located within
the Cytec + 200m arc.
SUPPORT, WITH
MINOR
AMENDMENT:
Except 8.0 m for any
dwellings located
fully or partially
within the Cytec 200
m arc, subject to
section 4.7
Setback from
Daylight Triangle
The front, rear and exterior
side yards shall be
measured as if the Daylight
Triangle does not exist.
SUPPORT
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3
Maximum
projection of a
one or two storey
porch or balcony
into a required
front or exterior
yard
Open balconies not covered
by a roof or canopy may
project into any required
front 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
1.5 m, subject to Section
4.27.1
SUPPORT
Parking Space n/a A maximum two-step
encroachment into a
parking space in a garage
may be permitted.
CANNOT SUPPORT
PROPOSED
REGULATION
SUPPORT
A parking space in a
garage shall be
unobstructed and
free of any
structures and
encroachments.
Except as modified above, the balance of
the regulations in the R2 zone shall apply.
The uses and regulations on all those portions of the Subject Lands zoned R1F-BBB shall be:
Existing Regulation Proposed Regulation Staff
Recommendation
(details to follow)
Permitted Uses Following uses permitted:
• A detached dwelling
• A Home Occupation
in a detached
dwelling, subject to
section 5.5
• Accessory
buildings/structures,
subject to sections
4.13 and 4.14
• A group home type 1
• A bed and breakfast
in a detached
dwelling, subject to
section 4.37
As per the uses permitted
in the R1F Zone. In
addition, accessory units
may be provided in an
accessory building and
within the primary
dwelling on the same lot.
SUPPORT
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4
Min. Lot Area
320 m2 260 m2 SUPPORT
Min. Lot
Frontage
10.0 m for an interior lot
12.0 m for a corner lot
9.5 m for an interior lot
12.0 m for a corner lot
SUPPORT
Min. Rear Yard
7.5 m, subject to 4.27.1 13.0 m to the main
dwelling.
SUPPORT
Min. Interior
Side Yard
0.9 m, subject to clause a of
section 5.1
1.2 metres on one side and
0.6 metres on the other
side of the main dwelling.
SUPPORT
Min. Exterior
Side Yard
3.0 m, subject to section
4.27.1 (Detached Dwelling)
6.0 m, subject to section 4.27
(Private Garage with
Driveway Access from the
Exterior Side Yard)
2.4 m. to dwelling, plus 6
m. for a private garage with
driveway access from
exterior side yard, subject
to 4.27.1
SUPPORT
Max. Lot
Coverage
45 % Not Applicable SUPPORT
Max. Building
Height
10.0 m, subject to section 4.7 12.5 m.
SUPPORT, WITH
MINOR AMENDMENT
“…subject to section
4.7”
Min.
Landscaped
Open Space
30% 25% of the lot area SUPPORT
Setback from
Daylight
Triangle
The front, rear and exterior
side yards shall be
measured as if the Daylight
Triangle does not exist.
SUPPORT
Second Units
Interior to the
Primary
Dwelling
a) The primary dwelling unit
or second unit is occupied by
the owner of the lot;
b) The floor area of the
second unit shall not exceed
40% of the floor area of the
primary dwelling unit,
Notwithstanding Section
5.13, the following shall
apply for Second Units
interior to the Primary
Dwelling:
a) Not Applicable
b) Not Applicable
SUPPORT
SUPPORT
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5
excluding any attached
garage; and,
c) One parking space shall be
provided for the occupant of
the second unit in addition
to the parking space
required for the primary
dwelling.
c) Retain
SUPPORT
Second Units
within
Accessory
Buildings
Section 5.13: Second Units
within Accessory Buildings
(a) The primary
dwelling unit or
second unit is
occupied by the
owner of the lot;
(b) The floor area of the
second unit shall
not exceed 40% of
the floor area of the
primary dwelling;
(c) One parking space
shall be provided for
the occupant of the
second unit within
an accessory
building in addition
to the parking space
required for the
primary dwelling;
Notwithstanding Sections
4.13 and 5.13, the
following shall apply:
Max. Lot Coverage:
Not Applicable
Owner Occupancy:
The owner of the lot may
or may not live in the
primary dwelling or the
second unit.
Parking Space:
One parking space shall be
provided in addition to the
parking space required for
the primary dwelling. The
parking space for second
unit shall not be required
to be located in an
accessory building.
SUPPORT
SUPPORT
*BEING RETAINED
SUPPORT (NOT
REQUIRED)
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6
(d) The height of an
accessory building
containing a second
unit shall not
exceed 7 metres,
but in no event shall
any part of the walls
or supporting posts,
excluding any gable
or dormer, exceed
5.5 metres in
height;
(e) The accessory
building containing
a second unit shall
be a minimum of
1.2 metres from the
rear and side lot
lines, save and
except for
unsupported
canopies, eaves or
gutters which may
project a distance of
not more than 0.4
metres into this
setback;
(f) No roofed-over
porch or deck shall
be closer than 1.2
metres from the
rear lot line.
Maximum Height:
8.5 m. (to a maximum of
two storeys).
Rear Yard Setback:
1.2 m, save and except for
unsupported canopies,
eaves or gutters which
may project a distance of
not more than 0.45 metres
into this setback.
Exterior Side Yard Setback:
4.5 m, save and except for
unsupported canopies,
eaves or gutters which
may project a distance of
not more than 0.45 metres
into this setback.
Otherwise, an interior side
yard setback of 0.6 m is
required.
Porch/Deck:
No roofed-over porch or
deck shall be closer than
1.2 metres from the rear
lot line.
Interior Side Yard Setback:
No side yard setback is
required where the
accessory building shares a
common lot line with a
similar accessory building
on the abutting lot.
SUPPORT
SUPPORT
SUPPORT
SUPPORT
SUPPORT
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7
Maximum
projection of a
one or two
storey porch or
balcony into a
required front
or exterior yard
Open balconies not covered
by a roof or canopy may
project into any required
front 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
1.5 m, subject to Section
4.27.1
SUPPORT
Parking Space A maximum two-step
encroachment into a
parking space in a garage
may be permitted.
CANNOT SUPPORT
PROPOSED
REGULATION
SUPPORT
A parking space in a
garage shall be
unobstructed and free
of any structures and
encroachments.
Maximum area
of a rear yard
which can be
used as a
parking area
40 m2 Notwithstanding Section
4.19.4(b)(iii), there shall be
no maximum area of a rear
yard which can be used as
a parking area.
CANNOT SUPPORT
PROPOSED
REGULATION
Except as modified above, the balance of
the regulations of the R1F zone shall
apply.
The uses and regulations on all those portions of the Subject Lands zoned R1F-CCC shall be:
Existing Regulation Proposed
Regulation
Staff Recommendation
(details to follow)
Permitted Uses Following uses permitted:
• A detached dwelling
• A Home Occupation
in a detached
dwelling, subject to
section 5.5
• Accessory
buildings/structures,
subject to sections
4.13 and 4.14
• A group home type 1
• A bed and breakfast
in a detached
As per the uses
permitted in the
R1F Zone.
SUPPORT, WITH MINOR
AMENDMENT, as the lot size
has been reduced and no
garage is proposed to
provide an affordable tiny
house option to residents:
• A detached dwelling
without an attached
or detached garage
• A Home Occupation
in a detached
Page 29 of 75
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8
dwelling, subject to
section 4.37
dwelling, subject to
section 5.5
• Accessory
buildings/structures,
subject to sections
4.13 and 4.14
• A group home type 1
A bed and breakfast in a
detached dwelling, subject
to section 4.37
Min. Lot Area
320 m2 130 m2
SUPPORT
Min. Lot
Frontage
10.0 m for an interior lot
12.0 m for a corner lot
7.0 m interior and
9.0 m corner
CANNOT SUPPORT
PPOPOSED REGULATION
SUPPORT
9.0 m interior
11.0 m corner
Min. Front Yard 3.0 m to dwelling, subject to
4.27.1
6.0 m for a private garage,
subject to section 4.27.1
6.0 m to dwelling
Min. Rear Yard
7.5 m, subject to 4.27.1 4.0 m.
SUPPORT
Min. Interior
Side Yard
0.9 m, subject to clause a of
section 5.1
1.2 metres on one
side and 0.6 metres
on the other side
CANNOT SUPPORT
PROPOSED REGULATION
SUPPORT
3.0 metres on one side
0.6 metres on the other side
Min. Exterior
Side Yard
3.0 m, subject to section
4.27.1 (Detached Dwelling)
6.0 m, subject to section 4.27
(Private Garage with
Driveway Access from the
Exterior Side Yard)
2.4 m. to dwelling SUPPORT
Max. Lot
Coverage
45% Not Applicable SUPPORT
Max. Building
Height
10.0 m, subject to section 4.7 8.0 m SUPPORT, WITH MINOR
AMENDMENT
“…subject to section 4.7”
Min. Landscaped
Open Space
30% Not Applicable CANNOT SUPPORT
PROPOSED REGULATION
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9
SUPPORT
25% of the lot area
Setback from
Daylight Triangle
The front, rear and
exterior side yards
shall be measured
as if the Daylight
Triangle does not
exist.
SUPPORT
Maximum
projection of a
one or two
storey porch or
balcony into a
required front or
exterior yard
Open balconies not covered
by a roof or canopy may
project into any required
front 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
1.5 m
SUPPORT
Grassy Brook
Road - Road
Allowance
Requirements
under Section
4.27
Not Applicable SUPPORT, no road widening
needs identified.
Except as modified above, the
balance of the regulations of the
R1F zone shall apply.
The uses and regulations on all those portions of the Subject Lands zoned R1F-DDD shall be:
Existing Regulation Proposed Regulation Staff
Recommendation
(details to follow)
Permitted Uses Following uses permitted:
• A detached dwelling
• A Home Occupation
in a detached
dwelling, subject to
section 5.5
• Accessory
buildings/structures,
subject to sections
4.13 and 4.14
• A group home type 1
• A bed and breakfast
in a detached
As per the uses permitted in
the R1F Zone.
SUPPORT
Page 31 of 75
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10
dwelling, subject to
section 4.37
Min. Lot Area 320 m2 190 m2 SUPPORT
Min. Lot
Frontage
10.0 m for an interior lot
12.0 m for a corner lot
8.0 m for an interior lot and
10.0 m for a corner lot
SUPPORT
Min. Front Yard 3.0 m, subject to section
4.27.1 (Detached Dwelling)
6.0 m, subject to section 4.27
(Private Garage with
Driveway Access from the
Exterior Side Yard)
3 m for a detached dwelling,
subject to 4.27.1.
The front yard shall be
deemed the yard adjacent
to the non-garage side of
the dwelling.
SUPPORT
Min. Rear Yard
7.5 m, subject to 4.27.1 6.0 m to the garage face and
3 m to the dwelling, subject
to 4.27.1.
The rear yard shall be
deemed the yard adjacent
the garage.
SUPPORT
Min. Interior
Side Yard
0.9 m, subject to clause a of
section 5.1
1.2 metres on one side and
0.6 metres on the other
side.
SUPPORT
Min. Exterior
Side Yard
3.0 m, subject to section
4.27.1 (Detached Dwelling)
6.0 m, subject to section 4.27
(Private Garage with
Driveway Access from the
Exterior Side Yard)
2.4 m. to dwelling, plus 6 m.
for a private garage with
driveway access from
exterior side yard, subject to
4.27.1
SUPPORT
Max. Lot
Coverage
45% Not Applicable SUPPORT
Max. Building
Height
10.0 m, subject to section 4.7 12.5 m. SUPPORT, WITH
MINOR
AMENDMENT
“…subject to section
4.7”
Min. Landscaped
Open Space
30% Not Applicable CANNOT SUPPORT
PROPOSED
REGULATION
SUPPORT
25% of the lot area
Page 32 of 75
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11
Setback from
Daylight Triangle
The front, rear and exterior
side yards shall be
measured as if the Daylight
Triangle does not exist.
SUPPORT
Maximum
projection of a
one or two
storey porch or
balcony into a
required front or
exterior yard
Open balconies not covered
by a roof or canopy may
project into any required
front 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
1.5 m, subject to Section
4.27.1
SUPPORT
Parking Space A maximum two-step
encroachment into a
parking space in a garage
may be permitted.
CANNOT SUPPORT
PROPOSED
REGULATION
SUPPORT
A parking space in a
garage shall be
unobstructed and
free of any
structures and
encroachments.
Except as modified above, the balance of the
regulations of the R1F zone shall apply.
The uses and regulations on all those portions of the Subject Lands zoned R3-EEE shall be:
Existing Regulation Proposed Regulation Staff
Recommendation
(details to follow)
Permitted Uses Following uses permitted:
• 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, semi-
detached, or a
duplex dwelling,
Notwithstanding the uses
permitted in the R3 Zone,
only On-Street
Townhouse Dwellings,
Home Occupation,
Accessory
Buildings/Structures shall
be permitted.
SUPPORT
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12
• Accessory
buildings/structures,
subject to sections
4.13 and 4.14
• A bed and breakfast
in a detached, semi-
detached, or a
duplex dwelling,
subject to section
4.37
Min. Lot Area
160 m2 for each on-street
townhouse dwelling
120 m2 SUPPORT
Min. Lot Frontage
6.0 m for each dwelling unit 4.7 m CANNOT SUPPORT
PROPOSED
REGULATION
SUPPORT
6.0 m for each
dwelling unit
Min. Rear Yard
7.5 m, subject to 4.17.1 7.0 m, subject to 4.27.1
SUPPORT
Min. Exterior Side
Yard
3.0 m to dwelling unit,
subject to section 4.27.1
6.0 m for a private garage
with driveway access from
the exterior side yard,
subject to section 4.27.1
2.4 m. to dwelling, plus 6
m. for a private garage
with driveway access from
exterior side yard, subject
to 4.27.1
SUPPORT
Max.
Building/Structure
Height
10.0 m, subject to section 4.7 12.5 m. SUPPORT, WITH
MINOR
AMENDMENT
“…subject to section
4.7”
Setback from
Daylight Triangle
The front, rear and
exterior side yards shall be
measured as if the
Daylight Triangle does not
exist.
SUPPORT
Maximum
projection of a
one or two storey
porch or balcony
into a required
front or exterior
yard
Open balconies not covered
by a roof or canopy may
project into any required
front or rear yard a distance
of not more than 1.8 metres
and into any required side
1.5 m, subject to Section
4.27.1
SUPPORT
Page 34 of 75
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13
yard a distance of not more
than 0.45 metres
Parking Space A maximum two-step
encroachment into a
parking space in a garage
may be permitted.
CANNOT SUPPORT
PROPOSED
REGULATOIN
SUPPORT
A parking space in a
garage shall be
unobstructed and
free of any
structures and
encroachments.
Maximum Width
of a Driveway in
the front yard of a
lot
60% of the lot frontage but
in no case more than 9
metres for a detached
dwelling, duplex dwelling
and semi-detached
dwelling, and 60% of the lot
frontage for an on-street
townhouse dwelling
65% SUPPORT, as suitable
landscaped area
within the front yard
will remain.
Except as modified above, the balance
of the regulations of the R3 zone shall
apply.
The permitted uses and regulations on all those portions of the Subject Lands zoned R5D-FFF shall be:
Existing Regulation Proposed Regulation
(Site specific R3)
Staff
Recommendation
(Site Specific R5D)
(details to follow)
Permitted Uses Following uses permitted:
• 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 in a
Notwithstanding the uses
permitted in the R3
Zone, only Back-to-Back
Townhouse Dwellings
shall be permitted.
CANNOT SUPPORT
SUPPORT
Placing land under
the R5D zone which
permits an apartment
dwelling (back-to-
back dwellings are
considered an
apartment dwelling
form)
Page 35 of 75
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14
dwelling unit of a
semi-detached
dwelling or a duplex
dwelling, subject to
section 5.5
• Accessory
buildings/structures,
subject to sections
4.13 and 4.14
• A bed and breakfast
in a detached
dwelling, or in a
dwelling unit of a
semi-detached
dwelling or a duplex
dwelling, subject to
section 4.37
Definition of
“Back-to-Back
Townhouse”
“DWELLING, BACK-TO-
BACK TOWNHOUSE”
means a building
containing four or more
dwelling units divided by
vertical common walls
above grade with a
common rear wall.
SUPPORT, WITH
MINOR
AMENDMENT:
“…containing four but
no more than 16
dwelling units…”
Min. Lot Area
R3:
160 m2 for each on-street
townhouse dwelling
85 m2 SUPPORT
R5D:
80 m2 for each
dwelling unit
Min. Lot Frontage
R3:
6.0 m for each dwelling unit
6.0 m SUPPORT, WITH
MINOR
AMENDMENT:
6.0 m for each
dwelling unit
Min. Front Yard SUPPORT
3.0 m, subject to
section 4.27.1 for
dwelling
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15
6.0 m, subject to
section 4.27.1 for
private garage with
access from the front
yard
Min. Rear Yard
R3:
7.5 m, subject to section
4.27.1
0.0 m
SUPPORT
Min. Exterior Side
Yard
R3:
7.5 m, subject to 4.17.1
2.4 m. to dwelling, plus 6
m. for a private garage
with driveway access
from exterior side yard,
subject to 4.27.1
SUPPORT
Setback from
Daylight Triangle
The front, rear and
exterior side yards shall
be measured as if the
Daylight Triangle does
not exist.
SUPPORT
Max.
Building/Structure
Height
R3:
10.0 m, subject to section 4.7
14.5 m SUPPORT, WITH
MINOR AMENDMENT
“…subject to section
4.7”
Number of
apartment
dwellings on one
lot
R5D:
One only
SUPPORT:
Not applicable
Min. landscape
open space
R3:
25% of the lot area
R5D:
45% of lot area
SUPPORT:
25% of the lot area
Maximum
projection of a
one or two storey
porch or balcony
into a required
front or exterior
yard
Open balconies not covered
by a roof or canopy may
project into any required
front 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
1.5 m, subject to Section
4.27.1
SUPPORT
Parking Space A maximum two-step
encroachment into a
parking space in a garage
may be permitted.
CANNOT SUPPORT
PROPOSED
REGULATION
SUPPORT
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16
A parking space in a
garage shall be
unobstructed and
free of any structures
and encroachments.
Except as modified above, the balance
of the regulations of the R3 zone shall
apply.
Except as modified
above, the balance of
the regulations of the
R5D zone shall apply.
The uses and regulations on all those portions of the Subject Lands zoned R4-GGG shall be:
Existing Regulation Proposed Regulation Staff
Recommendation
(details to follow)
Permitted Uses Following uses permitted:
• A townhouse
dwelling containing
not more than 8
dwelling units
• An apartment
dwelling
• A stacked
townhouse dwelling
• Group dwellings,
provided that no
townhouse
dwellings in the
group dwellings
contains more than
8 dwelling units
• Accessory
buildings/structures,
subject to sections
4.13 and 4.14
• A Home Occupation
in a detached, semi-
detacheD, or a
duplex dwelling,
subject to section
5.5
Notwithstanding the uses
permitted in the R4 Zone,
only Apartment Dwellings,
Group Dwellings,
Accessory
building/Structures, Home
Occupation, Stacked
Townhouse Dwellings
shall be permitted.
Townhouses Dwellings,
other than Stacked
Townhouse Dwellings,
shall not be permitted.
SUPPORT
Min. Lot Area
200 m2 for an apartment or
stacked townhouse dwelling
133 m2 per dwelling unit
of any type
SUPPORT
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17
Max.
Building/Structure
Height
10.0 m, subject to section 4.7 4 Storeys SUPPORT, with minor
amendment:
4 Storeys, or 12.0 m,
whichever is the
lessor
Min. Landscaped
Open Space
45 m2 for each dwelling unit 25% of the lot area
(Equates to 4,400 sq. m.
for Block 85 and
5,300 sq. m for Block 87)
SUPPORT
Maximum
projection of a
one or two storey
porch or balcony
Open balconies not covered
by a roof or canopy may
project into any required
front 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
Subject to Section 4.27.1:
Maximum projection of a
one or two storey porch or
balcony of a townhouse
into a required front or
exterior side yard – 1.5 m
Maximum projection of a
one or two storey porch or
balcony into a privacy yard
of a townhouse– 2.5 m
SUPPORT
Parking Space A maximum two-step
encroachment into a
parking space in a garage
may be permitted.
CANNOT SUPPORT
PROPOSED
REGULATION
SUPPORT
A parking space in a
garage shall be
unobstructed and
free of any
structures and
encroachments.
Except as modified above, the balance
of the regulations in the R4 zone shall
apply.
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18
The uses and regulations on all those portions of the Subject Lands zoned R4-HHH shall be:
Existing Regulation Proposed Regulation Staff
Recommendation
(details to follow)
Permitted Uses Following uses permitted:
• A townhouse
dwelling containing
not more than 8
dwelling units
• An apartment
dwelling
• A stacked
townhouse dwelling
• Group dwellings,
provided that no
townhouse
dwellings in the
group dwellings
contains more than
8 dwelling units
• Accessory
buildings/structures,
subject to sections
4.13 and 4.14
• A Home Occupation
in a detached
dwelling, semi-
detached, or a
duplex dwelling,
subject to section
5.5
As per the uses permitted
in the R4 Zone. In
addition, Back-to-Back
Townhouse Dwelling
shall also be permitted.
SUPPORT
Definition of
“Back-to-Back
Townhouse
Dwelling”
“DWELLING, BACK-TO-
BACK TOWNHOUSE”
means a building
containing four or more
dwelling units divided by
vertical common walls
above grade with a
common rear wall.
SUPPORT, WITH
MINOR AMENDMENT,
to be consistent with
the massing permitted
with the 8 unit
permissions of
townhouse dwellings:
“…containing four but
no more than 16
dwelling units…”
Min. Lot Area
250m2 for a townhouse
dwelling
133 m2 per dwelling unit
of any type
SUPPORT
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19
200 m2 for an apartment or
stacked dwelling
Min. Front Yard 6.0 m, subject to section
4.27.1 for a townhouse
dwelling
7.5 m, subject to section
4.27.1 for an apartment or
stacked townhouse dwelling
All other permitted
residential uses – 4.5 m
to dwelling and 6.0 m to
garage, subject to 4.27.1
Apartment Dwellings –
7.5m, subject to 4.27.1
SUPPORT
Max. Building
Height/Structure
10.0 m, subject to section 4.7 4 Storeys SUPPORT, WITH
MINOR AMENDMENT:
4 Storeys, or 12.0
metres, whichever is
the lessor, subject to
section 4.7
Min. Landscaped
Open Space
45 m2 for each dwelling unit 25% of the lot area
(Equates to 2,675 sq. m.
for Block 86 and
7,800 sq. m for Block 88)
SUPPORT
Min. Privacy Yard 7.5 m for each townhouse
dwelling unit, as measured
from the exterior rear wall of
every dwelling unit
Same, except 0.0m for
Back-to-Back Townhouse
Dwellings
SUPPORT, as there are
no rear yards for Back-
to-Back Townhouse
Dwellings
Maximum
projection of a
one or two
storey porch or
balcony
Open balconies not covered
by a roof or canopy may
project into any required
front 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
Subject to Section 4.27.1:
Maximum projection of a
one or two storey porch
or balcony of a
townhouse into a
required front or exterior
side yard – 1.5 m
Maximum projection of a
one or two storey porch
or balcony into a privacy
yard of a townhouse – 2.5
m
SUPPORT
Parking Space A maximum two-step
encroachment into a
CANNOT SUPPORT
PROPOSED
REGULATION
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20
parking space in a garage
may be permitted.
SUPPORT
A parking space in a
garage shall be
unobstructed and free
of any structures and
encroachments.
Except as modified above, the balance
of the regulations in the R4 zone shall
apply.
The uses and regulations on all those portions of the Subject Lands zoned R5E-III shall be:
Existing Regulation Proposed Regulation Staff
Recommendation
(details to follow)
Permitted Uses Following uses permitted:
• An apartment
dwelling
• A stacked
townhouse dwelling
• Accessory
buildings/structures,
subject to sections
4.13 and 4.14
As per the uses permitted in
the R5E Zone. In addition,
the following shall be
permitted:
• On-Street and/or Block
Townhouse Dwellings,
and Back-to-Back
Townhouse Dwellings
may be permitted as
part of an Apartment
Building development
• Non-Residential Uses as
permitted in the
Neighbourhood
Commercial (NC) Zone,
may be permitted on
the ground floor
fronting onto Grassy
Brook Road
SUPPORT
Definition of
“Back-to-Back
Townhouse
Dwelling”
“DWELLING, BACK-TO-BACK
TOWNHOUSE” means a
building containing four or
more dwelling units divided
by vertical common walls
above grade with a
common rear wall.
SUPPORT, WITH
MINOR
AMENDMENT, to be
consistent with the
massing permitted
with the 8 unit
permissions of
townhouse dwellings:
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21
“…containing four but
no more than 16
dwelling units…”
Min. Front
Yard
7.5 m, subject to section
4.27.1
Apartment Dwellings – 7.5
m, subject to 4.27.1
All other permitted
residential uses – 4.5 m to
dwelling and 6.0m to
garage, subject to 4.27.1
SUPPORT
Min. Rear Yard
½ the height of the building
or 10.0 m whichever is
greater, plus any applicable
distance specified in section
4.27.1
Apartment Dwellings and
Stacked Townhouse
Dwellings – one-half the
height of the building or 10
metres whichever is greater
plus any applicable distance
specified in section 4.27.1
All other permitted
residential uses – 7.0 m,
subject to 4.27.1
Max. Building
Height
25.0 m, subject to section 4.7 10 Storeys for Apartment
Building;
4 Storeys for a Stacked
Townhouse Dwellings;
3 Storeys for Townhouse or
Back-to-Back Townhouse
Dwellings
SUPPORT, WITH
MINOR
AMENDMENTS:
10 Storeys, or 30.0 m,
whichever is the
lessor, for Apartment
Building, subject to
section 4.7;
4 Storeys, or 12.0 m,
whichever is the
lessor, for a Stacked
Townhouse Dwellings
subject to section 4.7;
3 Storeys, or 10.0 m,
whichever is the
lessor, for Townhouse
or Back-to-Back
Townhouse Dwellings
subject to section 4.7
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22
Min. Building
Height
SUPPORT:
3 Storeys, or 10 m.,
whichever is the
lessor, subject to
section 4.7
Min. Building
Stepback
At 3 storeys, or 10 m,
a minimum stepback
of 3 m is to be
provided.
Maximum
Number of
Apartment
Buildings Per
Lot
One only Not Applicable SUPPORT
Min.
Landscaped
Open Space
50% of the lot area 35% SUPPORT
Maximum
projection of a
one or two
storey porch or
balcony
Open balconies not covered
by a roof or canopy may
project into any required
front 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
Subject to Section 4.27.1:
Maximum projection of a
one or two storey porch or
balcony of a townhouse into
a required front or exterior
side yard – 1.5 m
Maximum projection of a
one or two storey porch or
balcony into a privacy yard
of a townhouse– 2.5 m
SUPPORT
Parking Space A maximum two-step
encroachment into a
parking space in a garage
may be permitted.
CANNOT SUPPORT
SUPPORT
A parking space in a
garage shall be
unobstructed and
free of any structures
and encroachments.
Except as modified above, the balance of
the regulations of the R5E zone shall apply.
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23
The uses and regulations on all those portions of the Subject Lands zoned GC-JJJ shall be:
Existing Regulation Proposed Regulation Staff Recommendation
(details to follow)
Permitted Uses Following uses permitted:
• An apartment
dwelling
• A stacked
townhouse dwelling
• Accessory
buildings/structures,
subject to sections
4.13 and 4.14
As per the uses permitted
in the R5F Zone. In
addition, the following
shall be permitted:
• On-Street and/or Block
Townhouse Dwellings,
and Back-to-Back
Townhouse Dwellings
may be permitted as
part of an Apartment
Building development
• Non-Residential Uses
as permitted in the
Neighbourhood
Commercial (NC) Zone,
may be permitted
within a residential
building as part of a
mixed-use
development, or as
stand-alone buildings.
CANNOT SUPPORT
PROPOSED
REGULATION
Staff recommend the
instead of the
proposed R5F zone the
lands be zoned under
the GC zone which is
used for mixed-use
developments.
The proposed GC zone
would allow certain
commercial uses
permitted under the
Grand Niagara
Secondary Plan.
Apartment dwelling
units will be permitted
at-grade to a
maximum of 49% of
the ground floor area
with no frontage
permitted onto a
public street and
above grade.
Further, staff
recommend that a
minimum 50% of the
lot area has one or
more of the non-
residential uses with
the remainder of the
lot area being able to
consist of stacked or
back-to-back
townhouses and
apartment dwellings.
This will ensure that
the mixture of uses
Page 45 of 75
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24
envisioned for this
area will be developed
and that the blocks are
not developed for only
residential purposes.
SUPPORT:
Notwithstanding the
uses permitted in the
GC Zone only the
following shall be
permitted, in
accordance with the
regulations of the GC
zone save and except
the site specific
regulations of this
zone:
• Retail
• Restaurant
• Office
• Recreational use
• Cultural use
• Institutional use
• Clinic
• Daycare centres
• Day nurseries
• Bake shop
• Bank, trust
company, credit
union, currency
exchange
• Health centre
• Personal service
shop
• Restaurant
• Dwelling units in a
building in
combination with
one or more of
the uses listed in
this section above
grade and at grade
provided that a
maximum of 49%
Page 46 of 75
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25
of the ground
floor of building is
permitted for a
dwelling unit and
provided that no
part of such
dwelling unit has
frontage onto a
public street
• Provided that a
minimum 50% of
the lot area has
one or more of
the non-
residential uses
listed in this
section, stacked
townhouses, back-
to-back
townhouses, and
apartment
dwellings may be
permitted subject
to the provisions
of the R5F zone,
save and except
the site specific
regulations of this
zone.
Definition of
“Back-to-Back
Townhouse
Dwelling”
“DWELLING, BACK-TO-
BACK TOWNHOUSE”
means a building
containing four or more
dwelling units divided by
vertical common walls
above grade with a
common rear wall.
SUPPORT, WITH
MINOR AMENDMENT,
to be consistent with
the massing permitted
with the 8 unit
permissions of
townhouse dwellings::
“…containing four but
no more than 16
dwelling units…”
Min. Lot Area
57 m2 for each dwelling unit 50 m2 for each dwelling
unit
SUPPORT
Min. Front
Yard
7.5 m, subject to section
4.27.1
Apartment Dwellings and
Stacked Townhouse
Dwellings – NO CHANGE
SUPPORT
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26
All other permitted
residential uses – 4.5 m to
dwelling and 6.0m to
garage, subject to 4.27.1
Min. Rear Yard
½ the height of the building
or 10.0 m whichever is
greater plus any appliable
distance specified in section
4.27.1
Apartment Dwellings and
Stacked Townhouse
Dwellings – NO CHANGE
All other permitted
residential uses – 7.0 m,
subject to 4.27.1
SUPPORT
Max. Building
Height
28.0 m, subject to section 4.7 15 Storeys for Apartment
Building;
4 Storeys for Stacked
Townhouse Dwellings;
3 Storeys for Townhouse or
Back-to-Back Townhouse
Dwellings
SUPPORT, WITH
MINOR MODIFICATION
15 Storeys, or 45 m,
whichever is less, for
Apartment Dwelling,
subject to section 4.7;
4 Storeys, or 12 m,
whichever is less, for
Stacked Townhouse
Dwellings, subject to
section 4.7;
3 Storeys, or 10 m,
whichever is less for
Back-to-Back
Townhouse Dwellings,
subject to section 4.7
Min. Building
Height
6 storeys, or 25 m,
whichever is less for
Apartment DwellingS,
subject to section 4.7;
2 storeys or 7.5 m,
whichever is greater,
for Stacked or Back-to-
Back Townhouse
Dwellings, subject to
section 4.7
Min. Building
Stepback
At 3 storeys, or 10 m, a
minimum stepback of 3
m is to be provided.
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27
Maximum
Number of
Apartment
Buildings Per
Lot
One only Not Applicable SUPPORT
Min.
Landscaped
Open Space
55% of the lot area 35% SUPPORT
Maximum
projection of a
one or two
storey porch or
balcony
Open balconies not covered
by a roof or canopy may
project into any required
front 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
Subject to Section 4.27.1:
Maximum projection of a
one or two storey porch or
balcony of a townhouse
into a required front or
exterior side yard – 1.5 m
Maximum projection of a
one or two storey porch or
balcony into a privacy yard
of a townhouse– 2.5 m
SUPPORT
Parking Space A maximum two-step
encroachment into a
parking space in a garage
may be permitted.
CANNOT SUPPORT
A parking space in a
garage shall be
unobstructed and free
of any structures and
encroachments.
Landscape
Buffer
3.0 m landscape buffer
strip to be provided
between a street and
parking space.
Except as modified above, the balance of
the regulations of the R5F zone shall apply.
CANNOT SUPPORT AS
PROPOSED GC ZONE
The uses and regulations on all those portions of the Subject Lands zoned I-KKK shall be:
Existing Regulation Proposed Regulation Staff Recommendation
(details to follow)
Permitted Uses • Art gallery or
museum
• Community
building
As per the uses permitted in
the Institutional (I) Zone. In
addition, the following shall
be permitted:
• Hospice
CANNOT SUPPORT
PROPOSED REGULATION
SUPPORT
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28
• Emergency care
residence
• Long term care
home
• Hospital
• Nursing home
• Place of worship
• Private club
• Receiving home,
within the
meaning of the
Child Welfare
Act
• Religious
institution
• Sanatorium
• Retirement
home
• YMCA, YWCA,
YMHA
• Accessory
buildings and
accessory
structures which
are accessory to
any of the
foregoing uses,
including not
more than 1
dwelling unit
which is
accessory to and
on the same lot
as the principal
use
• Day nursery
• Clinic
• Animal Clinic
• Office
• Retail Store
• Restaurant
• Personal Service Shop
Notwithstanding the
uses permitted in the I
zone, the following shall
be the only uses
permitted:
• Hospital
• Institutional use
• Clinic
• Medical
laboratories
• Research,
innovation, and
development
facilities
• Office
• Public use
• Retail,
• Small scale
commercial use
• Hotel
• Restaurant
• Assisted living
for special needs
groups
• Long term care
facilities
• Hospice
• Animal Clinic
• Personal Service
Shop
Max.
Building/Structure
Height
10.0 m, subject to
section 4.7
3 Storeys CANNOT SUPPORT
SUPPORT
6 storeys, or 25 m in
height, whichever is less,
subject to section 4.7
Outside Storage Not permitted
Landscape Buffer 3.0 m landscape buffer
strip to be provided
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29
between a street and
parking space.
Except as modified above, the balance of
the regulations of the Institutional (I) zone
shall apply.
The uses and regulations on all those portions of the Subject Lands zoned I-LLL shall be:
Existing Regulation Proposed Regulation Staff Recommendation
(details to follow)
Permitted Uses • Art gallery or
museum
• Community
building
• Emergency care
residence
• Long term care
home
• Hospital
• Nursing home
• Place of worship
• Private club
• Receiving home,
within the
meaning of the
Child Welfare
Act
• Religious
institution
• Sanatorium
• Retirement
home
• YMCA, YWCA,
YMHA
• Accessory
buildings and
accessory
structures which
are accessory to
any of the
foregoing uses,
including not
more than 1
dwelling unit
which is
accessory to and
As per the uses permitted in
the Institutional (I) Zone. In
addition:
• Residential uses in
accordance with the
REGULATOINs of the R2-
AAA zone are permitted
should a school block not
be required for the
purpose of a school
CANNOT SUPPORT
PROPOSED REGULATION
SUPPORT
In addition to the uses
permitted in the I zone,
the following shall be
permitted:
• School
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30
on the same lot
as the principal
use
• Day nursery
Except as modified above, the balance of
the regulations of the Institutional (I) zone
shall apply.
The uses and regulations on all those portions of the Subject Lands zoned EPA-MMM shall be:
Existing Regulation Proposed Regulation Staff Recommendation
(details to follow)
Permitted Uses • Conservation use
• Existing
agricultural use
• Wildlife
management
• Works of a
Conservation
Authority
As per the uses permitted in
the EPA Zone. In addition,
the following shall be
permitted:
• Trails
In addition to the uses
permitted in the EPA
zone, the following shall
be permitted:
• Trails
• Boat ramp providing
access to Welland
River with approvals
from NPCA
Except as modified above, the balance of
regulations of the EPA zone shall apply.
The uses and regulations on all those portions of the Subject Lands zoned OS-NNN shall be:
Existing Regulation Proposed Regulation Staff Recommendation
(details to follow)
Permitted Uses • Use permitted
in any one or
more of clauses
(a) to (d)
inclusive of
section 12.1
• Boating club
• Cemetery
• Hospital
• Private club
• Recreational
uses
• Religious
institution
• Riding stable
• Sanatorium
• School
As per the uses permitted in the
OS Zone. In addition, the
following shall be permitted:
• Trails
• Stormwater Management
Facilities
CANNOT SUPPORT
PROPOSED REGULATION
SUPPORT
Notwithstanding the
uses permitted in the OS
zone, the following
additional uses
permitted:
• Trails
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31
• Accessory
buildings and
accessory
structures
including not
more than one
dwelling unit
which is on the
same lot as and
is accessory to a
use which is
permitted in
clauses (b) to (j)
of this section
Min. Lot
Frontage
150 m Not applicable
Min. Lot Area 2 ha Not applicable
Except as modified above, the balance of the
regulations of the OS zone shall apply.
The uses and regulations on all those portions of the Subject Lands zoned EPA-OOO shall be:
Existing Regulation Proposed Regulation Staff Recommendation
(details to follow)
Permitted Uses • Use permitted
in any one or
more of clauses
(a) to (d)
inclusive of
section 12.1
• Boating club
• Cemetery
• Hospital
• Private club
• Recreational
uses
• Religious
institution
• Riding stable
• Sanatorium
• School
• Accessory
buildings and
accessory
structures
including not
OS-NNN Proposed
As per the uses permitted in the
OS Zone. In addition, the
following shall be permitted:
• Trails
• Stormwater Management
Facilities
CANNOT SUPPORT
PROPOSED REGULATION
SUPPORT:
Notwithstanding the
uses permitted in the
EPA zone, the following
shall be the only uses
permitted:
• Trails
• Stormwater
Management
Facilities
•
Page 53 of 75
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32
more than one
dwelling unit
which is on the
same lot as and
is accessory to a
use which is
permitted in
clauses (b) to (j)
of this section
Except as modified above, the balance of the
regulations of the OS zone shall apply.
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33
Draft Schedule 1 to Bylaw No. 2023-XX
GC-
JJJ
R5D-
FFF
EPA-
000
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PBD-2023-029
May 30, 2023
Appendix A: Grand Niagara Draft Plan Conditions
1. Approval applies to the Grand Niagara Draft Plan of Subdivision prepared by WSP
Canada Group Ltd., dated Jan. 26, 2023, showing
Blocks 2, 3, and 61 for 57 to 74 back-to-back townhouse units
Blocks 1, 4, 5, 58,66-69,80-84 for 374 to 455 on-street townhouse units
Blocks 11, 19, 20, 29 and 65 for 50 to 66 detached dwelling units with coach
house
Blocks 9, 10, 28, 64 for 48 to 62 detached dwellings with coach house
Blocks 3, 6, 7, 13-18, 21-27, 30-36, 52-57, 59, 60, 62, 63, 70-79 for 348 to
678 detached or semi-detached dwelling units
Blocks 8 and 12 for 27 to 29 detached dwelling units
Blocks 37-51 for 142 to 184 small-lot detached dwelling units
Blocks 85 to 88 for 403 to 605 medium density (stacked townhouse and
apartment) dwelling units
Blocks 89-92 for 633 to1266 apartment dwelling units
Blocks 93-95 for 1476 to1968 dwelling units and for commercial uses
Blocks 96 and 97 for hospital employment uses
Blocks 98 and 99 for schools
Blocks 100-103 for stormwater management purposes
Blocks 104-109 for parks
Blocks 110-120 for environmental protection area
Blocks 121-125 for road widenings
Block 126 for bioswale
Streets A-NN that are to be dedicated as public 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
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the purpose of enforcing such conditions. If the development is to be constructed
and subdivision plans registered in two or more phases, a separate Subdivision
Agreement will be required for each phase.
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 Official Plan amendment.
5. The developer receive final approval of the Zoning By-law amendment to provide
land use regulations to guide the development of the subdivision.
6. The developer provide two (2) calculated plans 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.
7. The developer provide one (1) 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.
8. The Urban Design Guidelines be prepared and submitted for the City’s approval.
9. That each phase of the proposed development demonstrate to the City’s satisfaction
that an accumulation of a minimum 40% of the dwelling units across the entire
development that will meet the definition of “affordable” as defined in the City’s
Official Plan; and, that the density requirements of the Region’s and City’s Official
Plan are being met, to be demonstrated in a report.
10. That the following notice clause shall be included in the Subdivision Agreement and
in any Condominium Agreement and in any Site Plan Agreement and in all
Agreements of Purchase and Sale for the subdivision lots and blocks, and in any
leases:
“Cytec Canada Inc. (“Cytec”) owns lands located north of the Welland River and
west of Garner Road. Cytec’s lands are designated Industrial and zoned for heavy
industrial uses. Cytec operates chemical manufacturing and industrial facilities on
its lands and may in the future expand its operations by expanding or adding to its
existing buildings or constructing new buildings and/or intensifying its operations.
Cytec may also erect and/or construct and operate facilities for any of the uses
permitted in the City’s Zoning By-law. Cytec’s use of its lands may generate odour
and air emissions and create noise, together with other industrial effects. Cytec is a
member of the Canadian Chemical Producer’s Association and has been verified
under the Responsible Care Codes of Practice. This notice clause includes any
successors and/or assigns in title to Cytec.”
It is understood and agreed by the subdivider and the City that condition 10 shall not
be deleted in the subdivision agreement and the registered title without the express
written consent of Cytec Canada Inc.
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Municipal Works
11. The roadways and sidewalks be designed and constructed in accordance with City
standards which, in part, include the following:
(a) That a 2.94m road widening be dedicated along the north side of Biggar Road
abutting the subject lands;
(b) That a secondary/emergency access be provided in Phase 1 to the
satisfaction of the City;
(c) That all roads in the subdivision be dedicated to the municipality as public
highways and designed and constructed in accordance with City Engineering
Design Guidelines;
(d) That daylighting triangles be dedicated at all intersections according to road
classifications, in accordance with prevailing Official Plan policies, and at the
corners of lots where the roads bend;
(e) That 1.5m wide sidewalks be provided on both sides of all collector roads,
both sides of all 20m local roads, and at least one side of all 18m local roads
and be designed and constructed in accordance with City Engineering Design
Guidelines;
(f) That the developer contributes funds for the signalization of the new
intersection of Biggar Road and Street A;
(g) That a westbound right turn lane and an eastbound left turn lane be designed
and constructed on Biggar Road at Street A;
(h) That separate lanes be provided for the left and right movements on Street A
southbound at Biggar Road;
(i) That speed control measures be constructed within the subdivision. Locations
of devices to be determined at detailed design;
(j) That parking is prohibited on both sides of all lane ways and one side (east
side) of Street II;
(k) That an assessment of the proposed at-grade road/rail crossing of Street A
be prepared/signed by the applicant’s traffic engineer to ensure all
requirements of Transport Canada’s Grade Crossing Regulations are met
and to the satisfaction of Canadian Pacific Rail;
(l) All streets named to the City’s satisfaction; and,
(m) Provide a plan that illustrates building orientation, especially on corner lots,
for addressing purposes.
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12. The services be designed and constructed in accordance with City standards which,
in part, include the following:
(a) That the water distribution system within the proposed development
be designed and constructed in accordance with Ministry of the Environment,
Conservation, and Parks and City Engineering Design Guidelines ;
(b) That testing of the new mains be completed in the presence of a
Certified Water Operator using the City’s Watermain Commissioning
Checklist;
(c) That the sanitary sewer system within the proposed development be
designed and constructed in accordance with Ministry of the Environment,
Conservation, and Parks and City Engineering Design Guidelines ;
(d) That confirmation of available capacity for the proposed
development in Niagara Region’s Grassy Brook Sewage Pumping Station is
provided to the satisfaction of the General Manager of Municipal W orks;
(e) That the storm sewer system within the proposed development be
designed and constructed in accordance with Ministry of the Environment,
Conservation, and Parks and City Engineering Design Guidelines ;
(f) That an overland flow route be designed within the proposed road
allowances for major storm events in accordance with Ministry of the
Environment, Conservation, and Parks and City Engineering Design
Guidelines;
(g) That weeping tiles be connected to the storm sewer system via
sump pumps and all roofwater leaders outlet to grade and be directed to front
and/or rear yards;
(h) That a geotechnical report, prepared by a qualified professional, is
submitted to the City for review and acceptance prior to start of construction ;
(i) That lot grading within the proposed development be designed and
constructed in accordance with the City’s Lot Grading & Drainage Policy, as
amended, and City Engineering Design Guidelines;
(j) That the Developer pays the Street Lighting Inspection Fee in
accordance with the latest version of the City’s Schedule of Fees;
(k) That the Developer pays the required fees for boulevard tree
plantings in accordance with the latest version of the City’s Schedule of Fees;
(l) That the Developer provide to the City all necessary design reports
and plans for review and acceptance prior to start of construction;
(m)That the Developer convey to the City and/or Public Utilities any
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easements which may be required to service the subdivision;
(n) That the Developer enters into a separate Subdivision Agreement
for each stage of construction;
(o) That the Developer pays the required fees for engineering
inspection and administration in accordance with the latest version of the
City’s Schedule of Fees;
(p) That the Developer pays the applicable development charges in
place at the time of Subdivision Agreement execution and Building Permit
issuance in accordance with the latest Development Charges By-law;
(q) That the Developer’s engineering consultant provide written
confirmation that the works completed conform with the City’s accepted
drawings and are in accordance with Niagara Peninsula Standard Contract
Document and City Engineering Design Guidelines;
(r) That the Developer submit digital data and contract documentation
in accordance with the latest version of the City’s CAD Standards Manual and
the City’s Schedule of Quantities and Unit Prices template; and,
(s) That 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.
13. The developer shall enter into a Subdivision Agreement with the City of Niagara Falls
to ensure all above referenced conditions are addressed to the City’s satisfaction.
Parks Design
14. That multi-use trails and the trail network be constructed in general
compliance with Accessibility for Ontarians with Disabilities Act guidelines and to
the satisfaction of the General Manger of Municipal Works.
15. That City sidewalks be provided along the frontages of all parkland.
16. That a boat launch be constructed and installed at the Welland River
to the satisfaction of the General Manager of Municipal Works.
17. That 1.8m high commercial grade black vinyl-coated chain-link
fencing with no gates be constructed along all City-owned property lines,
excluding lot frontages.
18. That parkland be serviced, graded, and seeded to the satisfaction of
the General Manager of Municipal Works.
19. That the Developer undertake natural area conservation works in
accordance with the City of Niagara Falls Woodland Management Plan for all
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Environmental Protection Area lands and other natural areas that are conveyed
to the City. Works shall be to the satisfaction of the General Manager of
Municipal Works.
Fire Services
20. The developer submit servicing plans to the Fire Prevention Office and shall clearly
indicate width of all roads, curbs radii and the location of all fire hydrants.
21. That adequate water for fire fighting purposes be immediately available and
accessible with sufficient volume and/or flow to facilitate firefighting operations prior
to the construction of buildings.
22. That the developer submit a phasing plan that details the phasing of construction of
roads within the proposed subdivision should the subdivision be phased.
Bell Canada
23. The developer is hereby advised that prior to commencing any work within the Plan,
the developer must confirm that sufficient wire -line
communication/telecommunication infrastructure is currently available within the
proposed development to provide communication/telecommunication service to the
proposed development. In the event that such infrastructure is not available, the
developer is hereby advised that the developer may be required to pay for the
connection to and/or extension of the existing communication/telecommunication
infrastructure. If the developer elects not to pay for such connection to and/or
extension of the existing communication/telecommunication infrastructure, the
developer shall be required to demonstrate to the municipality that sufficient
alternative communication/telecommunication facilities are available within the
proposed development to enable, at a minimum, the effective delivery of
communication/telecommunication services for emergency management services
(i.e. 911 Emergency Services).
24. The developer enter into an agreement (Letter of Understanding) with Bell Canada
complying with any underground servicing conditions imposed by the municipality,
and if no such conditions are imposed, the developer shall advise the municipality
of the arrangement made for such servicing.
25. 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 Canada.
The developer agrees that should any conflict arise with existing Bell Canada
facilities where a current and valid easement exists within the subject area, the
developer shall be responsible for the relocation of any such facilities
or easements at their own cost.
26. The developer is advised 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. It shall be noted that it is the responsibility of the developer to
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provide entrance/service duct(s) 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 developer may be required to pay for
the extension of such network infrastructure. If the developer elects not to pay for
the above noted connection, Bell Canada may decide not to provide service to this
development.
Canada Post
27. 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.
28. The developer include in all offers of purchase and sale, a statement that advises
the prospective purchaser that mail will be delivered via a CMB. The developer also
agrees to note the locations of all CMBs within the development, and to notify
affected homeowners of any established easements granted to Canada Post to
permit access to CMBs.
29. 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.
30. Canada Post’s multi-unit policy, which requires that the owner/developer provide the
centralized mail facility (front loading lockbox assembly or rear-loading mailroom
[mandatory for 100 units or more]), at their own expense, will be in effect for buildings
and complexes with a common lobby, common indoor or sheltered space.
Canadian Pacific Railway
31. That the following notice clause shall be included in the Subdivision Agreement and
in any Condominium Agreement and in any Site Plan Agreement and in all
Agreements of Purchase and Sale for the subdivision lots and blocks, and in any
leases:
“Canadian Pacific Railway and/or its assigns or successors in interest has or have
a railway right-of-way and/or yard located adjacent to the subject land hereof with
operations conducted 24 hours a day, 7 days a week, including the shunting of
trains and the idling of locomotives. There may be alterations to, or expansions of,
the railway facilities and/or operations in the future, which alterations or expansions
may affect the living environment of the residents in the vicinity. Notwithstanding
the inclusion of any noise and/or vibration attenuating measures in the design of
the development and individual dwellings, Canadian Pacific Railway will not be
responsible for complaints or claims arising from the use of its facilities and/or its
operations on, over, or under the aforesaid right-of-way and/or yard.”
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Enbridge
32. The developer shall use the Enbridge Gas Get Connected tool to determine gas
availability, service, and meter installation details and to ensure all gas piping is
installed prior to the commencement of site landscaping. 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 phase construction,
all costs are the responsibility of the applicant.
33. The developer provide Enbridge Gas Inc. with easements required to service this
development, and any future adjacent developments, at no cost.
Hydro One
34. The developer must contact Alan.Liu@hydroone.com to discuss all aspects of
the subdivision design, ensure all of HONI’s technical requirements are met to its
satisfaction, and acquire the applicable agreements.
35. Prior to HONI providing its final approval, the developer must make arrangements
satisfactory to HONI for lot grading and drainage. Digital PDF copies of the lot
grading and drainage plans (true scale), showing existing and proposed final
grades, must be submitted to HONI for review and approval. The drawings must
identify the transmission corridor, location of towers within the corridor and any
proposed uses within the transmission corridor. Drainage must be controlled and
directed away from the transmission corridor.
36. Any development in conjunction with the subdivision must not block vehicular
access to any HONI facilities located on the transmission corridor. During
construction, there must be no storage of materials or mounding of earth, snow or
other debris on the transmission corridor.
37. At the developer’s expense, temporary fencing must be placed along the
transmission corridor prior to construction, and permanent fencing must be erected
where subdivision lots directly abut the transmission corridor after construction is
completed.
38. The costs of any relocations or revisions to HONI facilities which are necessary to
accommodate this subdivision will be borne by the developer. The developer will
be responsible for restoration of any damage to the transmission corridor or HONI
facilities thereon resulting from construction of the subdivision.
39. HONI’s easement rights must be protected and maintained.
In addition, HONI requires the following be conveyed to the developer as a
precaution:
40. The transmission lines abutting the subject lands operate at either 500,000,
230,000 or 115,000 volts. Section 188 of Regulation 213/91 pursuant to the
Occupational Health and Safety Act, require that no object be brought closer than
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6 metres (20 feet) to an energized 500 kV conductor. The safe vertical distance for
230 kV conductors is 4.5 metres (15 feet), and for 115 kV conductors it is 3 metres
(10 feet). It is the developer’s responsibility to be aware, and to make all personnel
on site aware, that all equipment and personnel must come no closer than the safe
vertical distance specified in the Act. All parties should also be aware that the
conductors can raise and lower without warning, depending on the electrical load
placed on the line.
Niagara Peninsula Conservation Authority (NPCA)
41. That prior to any grading, pre-servicing, site alterations or registration of this plan
or any phase thereof, the applicant shall submit and receive the approval of the
NPCA for:
a. A detailed engineering report (ie. a Flood Impact Assessmen t/Analysis) that
confirms in detail that the regulatory flood hazards will not be negatively impacted
by the proposed development and how it will comply with all related NPCA
requirements. This Assessment/Analysis shall include, but is not limited to:
i. Detailed confirmation, calculations and plans that indicate uncontrolled
peak flows can be safely conveyed through the site into the receiving
watercourses.
ii. Detailed Plans illustrating that the floodplain hazards are adequately
contained within appropriately sized Blocks.
b. A Final Hydrogeological Assessment and Water Balance Study that confirms the
hydrological function of the wetlands will not be negatively impacted by the
proposed development. This Final Assessment shall include, but is not limited to:
i. Data from one year of monitoring per the approved Terms of Reference.
c. An EIS Addendum which provides additional impact assessment, and comment
with respect to the suitability of the proposed mitigation measures and the
hydrological and ecological functions of NPCA regulated features within the study
area.
d. Detailed plans/reports including calculations of the proposed wet ponds and Low
Impact Development facilities which are to be used for stormwater quality and
erosion control.
e. Detailed plans confirming that all EPA Blocks are adequately sized to
appropriately contain the flood hazard; valley hazard plus stable slope setbacks;
wetlands and appropriate buffers (as supported through the Grand Niagara
Secondary Planning process).
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f. An Environmental Monitoring Plan that incorporates the recommendations
outlined in section 7.7 of the Dillon EIS (February, 2023) and includes regular (e.g.
Annual) reporting to the NPCA for review and approval throughout the
development phase and continue for five (5) years from build out.
g. Detailed plans/reports confirming that the proposed crossing of Lyon’s Creek will
not serve to negatively impact the watercourse, or it’s associated wetland or
floodplain hazard to the satisfaction of the NPCA. Additional mitigation measures
to account for any impacts caused by the crossing must be addressed to the
satisfaction of the NPCA.
h. An Ecological Restoration Plan which incorporates the recommendations of
Section 7.5 of the Dillon EIS Addendum (February, 2023).
i. A Wildlife Impact Mitigation Plan which incorporates the recommendations found
in Section 7.6 of the EIS prepared by Dillon Consulting (dated February 2023).
42. That all Blocks containing the wetlands, watercourses, valley lands, and flood
hazards plus all required buffers shall be placed in an appropriate zone category to
recognize the features and ensure long term protection against future
development, site alterations and disturbances over the long term to the
satisfaction of the NPCA.
43. Prior to construction, the following information will be prepared to the satisfaction of
the NPCA:
a. Sediment and Erosion Control Plans that incorporate the recommendations
made in Section 7.3 of the Dillon EIS Addendum (February, 2023) and include
monitoring provisions to ensure that sediment and erosion control measures
function as designed for the duration of construction activities.
b. Grading Plans which confirm all grading works and stockpiling of soil and other
materials shall be outside of the NPCA regulated features and their buffers. The
Grading Plan shall also implement the recommendations of the Final
Hydrogeological Assessment and Water Balance Study and EIS Addendum once
approved by the NPCA.
c. Detailed storm servicing and stormwater management plans.
d. Detailed Plans showing 1.5 meter high (minimum) chain link fencing around the
outer perimeter of EPA blocks where identified and required by the NPCA, and
that no gate openings be permitted into the EPA blocks.
e. A Comprehensive Trails Plan confirming that there shall be no negative impacts
to the NPCA regulated features or buffers to the satisfaction of the NPCA.
44. That prior to construction or site alterations, the Developer obtain all appropriate
work permits from the NPCA for the following:
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a. All proposed wetland/watercourse buffer enhancement work. In support of the
Work Permit application, the required information shall include, but not limited to:
i. A planting plan providing details about species, planting densities and
locations.
ii. Any other information as may be determined at the time a Work Permit
application is submitted to the Niagara Peninsula Conservation Authority.
b. The removal or disturbance of any wetland areas and recreation of the wetlands.
In support of the Work Permit application, the following information will be required:
i. A Scoped EIS characterizing the areas adjacent to the proposed restoration
sites;
ii. A detailed compensation plan that indicates the design of the proposed wetland,
construction methodology, material details, etc. (the Developer is to scope this
requirement with NPCA staff prior to submitting a Work Permit application);
iii. A detailed monitoring plan (meeting NPCA monitoring requirements); and
iv. Any other information as may be determined at the time a Work Permit
application is submitted to the NPCA.
c. The construction of any crossings over any NPCA regulated feature. In support
of the Work Permit application, the following information will be required:
i. Detailed design and sediment control drawings and location plans of the
proposed crossings;
ii. Confirmation that the proposed crossings will not serve to negatively impact
NPCA regulated features or buffers through addendums to existing
technical studies;
iii. Any other information as may be determined at the time a Work Permit
application is submitted to the NPCA.
d. Any stormwater outlets into NPCA regulated features/buffers;
e. Any development or site alterations associated with future trails within the NPCA
regulated features/buffers;
f. Any development or site alterations associated with future boat launches/boat
ramps within or adjacent to NPCA regulated features or buffers;
g. Any other work within a Regulated Area under Ontario Regulation 155/0 6.
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45. That the draft plan be red-line revised to meet the requirements of the above
conditions, if necessary.
46. That the EPA Blocks be gratuitously dedicated to the City, and that unless
otherwise accepted by the NPCA and the City, that the owner agrees to retain
ownership of all future EPA and natural feature blocks until the point of final
assumption of this subdivision by the municipality, at which point the Block(s) will
be gratuitously conveyed to the City, free of encumbrances. And, to complete
regular inspections, any required maintenance, and the removal of encroachments
from this block prior to its conveyance, to the satisfaction of the NPCA and City.
47. That the subdivision agreement contain wording wherein, the Developer agrees to
implement the approved Sediment and Erosion Control Plan, Grading Plan,
Ecological Restoration Plan, Comprehensive Trails Plan, Environmental Monitoring
Plan, Wildlife Mitigation Plan, EIS Addendum, Final Hydrogeological Assessment
and Water Balance report and Flood Impact Assessment.
48. That conditions 41 to 47 above be incorporated into the Subdivision Agreement
between the Developer and the City of Niagara Falls to the satisfaction of the
Niagara Peninsula Conservation Authority. The City of Niagara Falls shall circulate
the draft Subdivision Agreement to the Niagara Peninsula Conservation Authority
for its review and approval.
All requests for clearance of conditions must be made through the Municipality and
shall include a comprehensive matrix that confirms how each condition has been
addressed. All corresponding plans and reports used to clear the conditions shall
also be circulated with the clearance requests.
Regional Municipality of Niagara
49. That the Developer/Owner agrees to implement the recommendations of the
“Stage 1 Archaeological Assessment” prepared by Archaeologist Research
Associates Ltd. (dated September 12, 2022) and to provide a copy of its Letter of
Acknowledgement from the Ministry of Citizenship and Multiculturalism to Niagara
Region and the City of Niagara Falls for review and approval which confirms that
all archaeological resource concerns have met licensing and resource
conservation requirements prior to any development on the site .
50. That the Developer/Owner agrees to submit copies of all completed archaeological
assessment work relative to each phase of subdivision as recommended by the
“Stage 1 Archaeological Assessment” prepared by Archaeologist Research
Associates Ltd. (dated September 12, 2022) to Niagara Region and the City of
Niagara Falls for review and approval. Submitted materials for each phase of
development shall include applicable Letter(s) of Acknowledgement from the
Ministry of Citizenship and Multiculturalism for all completed assessment work
which confirms that all archaeological resource concerns have met licensing and
resource conservation requirements prior to any development on the site.
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51. That the Developer/Owner agrees to include the following warning clause within
the Draft Plan Agreement to protect for any potential archaeological resources that
may be discovered during construction activities:
“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 Citizenship and Multiculturalism (416-212-8886) and
contact a licensed archaeologist to carry out an archaeological assessment in
accordance with the Ontario Heritage Act and the Sta ndards 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, the Ministry 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.”
52. That the Developer/Owner agrees to submit an updated Land Use Compatibility
Study (Air Quality, Dust, Odour, Noise, & Vibration) for each phase of development
for the subdivision to the Niagara Region and City of Niagara Falls for review and
approval.
Note: The updated Land Use Compatibility Studies may be subject to Peer Review
at the Owners cost. The need for Peer Review will be determined at the time of
staff’s review of each submitted Study.
53. That the Developer/Owner agrees to implement recommendations of the updated
Land Use Compatibility Study (Air Quality, Dust, Odour, Noise & Vibration) for
each phase of development for the subdivision as required in the condition above.
54. That the Developer/Owner agrees to include the following warning clauses in the
Subdivision Agreement and in all Agreements of Purchase and Sale or Lease for
all residential dwelling units, as well as any other clauses that are recommended
through the updated Land Use Compatibility Studies as required for each phase of
development for the subdivision:
For All Residential Units: “Purchasers/tenants are advised that despite the
inclusion of noise control features in the development and within the building
units, sound levels due to increasing road traffic, rail traffic, nearby industrial /
commercial uses, and activities related to the South Niagara Falls Hospital
may occasionally interfere with some activities of the dwelling occupants as
the sound level may exceed the noise criteria of the Ministry of the
Environment, Conservation and Parks and/or the municipality.”
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For All Residential Units: “Purchasers/tenants are advised that due to the
proximity of nearby heavy industrial / commercial facilities, and agricultural
activities, that noise from these land uses may occasionally be perceptible.”
55. That the Developer/Owner agrees to implement the recommendations of the
“Phase One Environmental Site Assessment” and “Preliminary Phase Two
Environmental Site Assessment” prepared by Terrapex Environm ental Ltd. (both
dated January 30, 2023).
56. That the Developer/Owner prepare and submit an Environmental Strategy as
recommended by the “Preliminary Phase Two Environmental Site Assessment”
prepared by Terrapex Environmental Ltd. (dated January 30, 2023), as well as any
other subsequent recommended Environmental Site Assessment work as a result
of the Environmental Strategy for each phase of development for the subdivision,
as deemed appropriate, to Niagara Region and City of Niagara Falls for review and
approval. The submission of a Letter of Reliance from a Qualified Professional will
need to be provided to Niagara Region which states that, despite any limitations or
qualifications included in the above submitted reports/documents, the Region is
authorized to rely on all information and opinions provided in the reports submitted.
57. That, if the completed Environmental Site Assessment (ESA) determines the need
for filing of Record of Site Condition (RSC), that the Developer/Owner shall file a
RSC on the Ministry of Environment, Conservation and Parks’ (MECP)
Environmental Site Registry in accordance with Ontario Regulation 153/04, as
amended, and that the Owner provide Niagara Region and the City of Niagara
Falls with copies of all completed ESA work and site remediation reports, as well
as a copy of the MECP written acknowledgement of the filing of the RSC.
58. That the Subdivision Agreement contain wording wherein the Developer/Owner
agrees to implement the mitigation measures and recommendations found in
Section 7.0 of the “Environmental Impact Study Addendum” prepared by Dillon
Consulting (dated February 2023), including but not limited to:
a) That vegetation removals be undertaken between October 1st and March 14th,
outside of both the breeding bird nesting period and active bat season.
Should clearing be required during the breeding bird season, nest searches
conducted by a qualified person must be completed 48 hours prior to clearing
activities. If nests are found, work within 10 m of the tree should cease until
the nest has fledged. If no nests are present, clearing may occur. This is in
accordance with the federal Migratory Birds Convention Act.
b) That vegetation clearing and grading activities be scheduled to avoid
disturbance to breeding amphibians and other sensitive wildlife species where
possible.
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c) That, where possible, the distance of construction equipment used be
maximized from the woodland / wetland edge to avoid disturbing wildlife.
d) That the use of lighting be limited where possible and that any security
lighting to be installed on buildings should be downward facing and directed
away from natural areas to minimize ambient light exposure to the adjacent
natural areas.
e) That wildlife exclusion fencing including escape routes be installed, which
direct wildlife away from the construction area and to more suitable habitat
(e.g., woodland/wetland).
f) That all in-water work at watercourse crossings occur between July 15th and
March 15th to protect warmwater fish during spawning. Following this timing
window is expected to prevent negative impacts to critical fish reproductive
success.
g) Should work be required within the watercourses, they may need to be
temporarily dewatered at the crossing locations. It is recommended that inwater
work be limited and timing windows be followed resulting in a temporary
habitat disturbance. Methods of dewatering may include by-pass systems,
and it is recommended that a fish salvage (under license by a Qualified
Biologist) occur before work site isolation to ensure fish are safely transported
to suitable habitats in the vicinity of the work area.
h) If necessary, have a Qualified Biologist monitor construction in the areas of
potential wildlife habitat. If wildlife are found within the construction area the y
will be re-located to an area outside of the development into an area of
appropriate habitat, as necessary.
i) That construction crews working on site be educated on local wildlife and take
appropriate measures for avoiding wildlife.
j) Should an animal be injured or found injured during construction they be
transported to an appropriate wildlife rehabilitation centre.
k) That no construction materials or equipment be located, even on a temporary
basis, within core natural heritage system features or their buffers.
59. That an Erosion and Sediment Control (ESC) Plan be prepared for review and
approval by the Niagara Region. The Plan should incorporate the
recommendations found in Section 7.3 of the “Environmental Impact Study
Addendum” prepared by Dillon Consulting (dated February 2023). All ESC
measures shall be maintained in good condition for the duration of construction
until all disturbed surfaces have been stabilized. Muddy water shall not be allowed
to leave the site.
Page 70 of 75
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PBD-2023-029
May 30, 2023
60. That a Tree Preservation Plan (TPP) be provided to the satisfaction of the Niagara
Region. The TPP shall be prepared by a qualified professional, preferably by a
Certified Arborist or qualified member of the Ontario Professional Foresters
Association, in accordance with Region’s Woodland Conservation By-law.
61. That a Streetscape / Landscape Plan be prepared for review and approval by
Niagara Region. The Plan shall demonstrate that all municipal street trees planted
within 120 m of EPA Blocks be restricted to native species that complement the
adjacent ecological communities.
62. That an Ecological Restoration Plan be prepared to the satisfaction of the Niagara
Region. The Plan should incorporate the recommendations found in Section 7.5 of
the EIS prepared by Dillon Consulting (dated February 2023). The Plan should
incorporate dense plantings of native trees and shrubs that complement the
adjacent vegetation communities. The removal of invasive species should also be
incorporated, as appropriate. The Ecological Restoration Plan should be
completed by a qualified environmental professional.
63. That a Comprehensive Trails Plan be prepared to the satisfaction of the Niagara
Region (should a trail system be proposed). The plan should incorporate the
recommendations found throughout the “Environmental Impact Study Addendum”
prepared by Dillon Consulting (dated February 2023).
64. That an Environmental Monitoring Plan be prepared to the satisfaction of Niagara
Region. At a minimum, the Plan should assess the effectiveness of the wildlife
exclusion barrier fencing and monitor the success of the restorative plantings and
invasive species removals. The Plan should be addressed to Adam Boudens,
Senior Environmental Planner (devtplanningapplications@niagararegion.ca) by
September 1st of years 1 through 5. The Plan should also include photographs and
advise actions necessary to address any deficiencies.
Note: The monitoring should take place upon the initiation of any development
and/or site alteration and continue up to and including 5 years from full build -out.
65. That a Photometric Plan be provided to the satisfaction of the Niagara Region that
illustrates all proposed street lighting be downward facing and shielded to prevent
light spillage into the surrounding natural area. The Plan should be Dark Sky
Association compliant.
66. That a Wildlife Impact Mitigation Plan be prepared to the satisfaction of the
Niagara Region. The Plan should incorporate the recommendations found in
Section 7.6 of the “Environmental Impact Study Addendum” prepared by Dillon
Consulting (dated February 2023).
67. That a Hydrogeologic Assessment and Water Balance Study Brief be prepared for
Regional review and approval to confirm that the recommendations provided in the
“Preliminary Hydrogeologic Assessment and Water Balance Study” by
TerraDynamics Consulting Inc. (dated January 11, 2023) are achievable.
Page 71 of 75
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PBD-2023-029
May 30, 2023
68. That a Grading Plan be provided to the satisfaction of Niagara Region, that
demonstrates that no grading within the natural heritage features and/or their
buffers will occur. The Grading Plan shall designate specific locations for
stockpiling of soils and other materials which will at a minimum be outside of the
natural heritage features and their buffers. The Grading Plan shall also implement
the recommendations of the Hydrogeologic Assessment and Water Balance Study
Brief (as required in the conditions above).
69. That permanent rear-lot fencing be provided adjacent to all Environmental
Protection Area Blocks, to the satisfaction of the Niagara Region. The fencing shall
include a permanent wildlife exclusion barrier that extends below grade to contain
wildlife movement to the natural heritage features and restrict access to the
adjacent rear yards. A No-Gate By-law is recommended to reduce human
encroachment and limit the movement of pets into the adjacent natural areas.
70. That the Developer/Owner provide securities to the City of Niagara Falls in the
form of a Letter of Credit in the amount of the estimated cost as approved by
Niagara Region for the restorative plantings required in accordance with the above
conditions and that the subdivision agreement include provisions whereby the
Developer/Owner agrees that the City may draw on the Letter of Credit, if required,
to ensure installation of the plantings.
71. That a fish / wildlife collection authorization be secured from the Ministry of Natural
Resources and Forestry to facilitate elimination of the existing golf course ponds.
72. That the Developer/Owner prepare an information package for new homeowners
outlining the importance of the adjacent natural heritage features and steps they
can take to protect the natural environment. This information package is to be
reviewed and approved by the Niagara Region. The package should be provided
as an Appendix to all Agreements of Offers of Purchase and Sale or L ease of
properties within the Grand Niagara Subdivision.
73. That the Subdivision Agreement contain wording wherein the Developer/Owner
agrees to implement the approved Erosion and Sediment Control Plan, Grading
Plan, Tree Preservation Plan, Streetscape/Landscape Plan, Ecological Restoration
Plan, Comprehensive Trails Plan, Environmental Monitoring Plan, Photometric
Plan, Wildlife Impact Mitigation Plan and Hydrogeologic Assessment and Water
Balance Study Brief.
74. That the Developer/Owner provides a written acknowledgement to Niagara Region
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.
75. That the Developer/Owner provides a written undertaking to Niagara Region
stating that all Offers and Agreements of Purchase and Sale or Lease, which may
Page 72 of 75
Page 102 of 435
PBD-2023-029
May 30, 2023
be negotiated prior to registration of this subdivision shall contain a clause
indicating that servicing allocation for the subdivision will not be assigned until the
plan is registered, and a similar clause be inserted in the Subdivision Agreement
between the Owner and the City.
76. The prior to final approval for registration of this plan of subdivision, the
Developer/Owner shall submit the design drawings [with calculations] for the
sanitary and storm drainage systems required to service this development to
confirm capacity in the Regional system prior to approval through the Consolidated
Linear ECA program.
77. That the Subdivision Agreement between the City of Niagara Falls and the
Developer/Owner contain provisions for post flow monitoring to ensure the wet
weather allowance is being achieved and updates to the overall capacity of the
sanitary sewer system.
78. That the Developer/Owner provide final overall sanitary servicing strategy for the
development to all agencies for final approval. The final strategy will require
detailed plan and profile drawings, required Regional costs analysis information,
final designs in accordance with Regional Design Standards for any work at the
Regional Pumping Station, Legal Agreements with the Region for the construction
on the Regional sewage pumping station and forcemain if required and approval
for any upgrades.
79. That the Developer/Owner submit a written undertaking to Niagara Region that
acknowledges the sewershed of the Grassy Brook Sewage Pumping Station has a
servicing capacity that is not be able to accommodate the development, therefore
the development cannot proceed until capacity is established in the sewershed or
the South Niagara Falls Wastewater Treatment Facility has been constructed.
80. That prior to the approval of the final plan of subdivision or the undertaking any onsite
grading or storm servicing, the Developer/Owner shall submit a Detailed
Stormwater Management Plan and all associated engineering drawings (stamped
and signed by a qualified professional engineer in accordance with the Ministry of
the Environment and Climate Change’s Stormwater Management Planning and
Design Manual, 2003 and the Niagara Peninsula Conservation Authority’s
Stormwater Management Guidelines, 2010 to the Niagara Region for review and
approval. The stormwater management enginee ring submission shall include:
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.
c) Detailed phasing of construction of the stormwater management facility to
Page 73 of 75
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PBD-2023-029
May 30, 2023
coincide with phasing of development of residential lands (internal and
external to the subdivision) planned to be serviced by the stormwater
management facility.
d) That prior to final approval for registration of this plan of subdivision, the
Owner shall submit the confirmation from City CLI -ECA for the stormwater
management facility required to service this development.
81. That the Subdivision Agreement between the Developer/Owner and the City of
Niagara Falls contain provisions whereby the Developer/Owner agrees to
implement the approved plan(s) required in accordance with the condition above.
82. That the Developer/Owner enter into a Legal Agreement with Niagara Region to
implement and pay for the signalization of Montrose Road and Grassy Brook
Road.
83. That the Developer/Owner complete the required traffic monitoring, to determine
the timing for installation of signals at Montrose Road and Grassy Brook Road in
accordance with Niagara Region’s Traffic Monitoring Protocol.
84. That the Developer/Owner dedicate the necessary daylight triangle to Niagara
Region at the south west corner of the intersection of Montrose Road and Grassy
Brook Road (if required).
85. That prior to any construction taking place within the Regional Road allowance, the
Developer/Owner shall obtain a Regional Construction Encroachment and/or
Entrance Permit. Applications shall be made through the Permits Section of the
Niagara Region Public Works Department (Transportation Services Division).
86. That the Developer/Owner ensure that all streets and development blocks can
provide an access in accordance with the Niagara Region’s Corporate Policy and
By-laws relating to the curbside collection of waste a nd recycling throughout all
phases of development. Where a through street is not maintained, the
Developer/Owner shall provide a revised draft plan to reflect a proposed temporary
turnaround / cul-de-sac with a minimum curb radius of 12.8 metres.
87. That the Subdivision Agreement between the Developer/Owner and the City of
Niagara Falls contain a provision whereby the Developer/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 approval, the City must be in receipt of written
confirmation that the requirements of each condition have been met
satisfactorily and that all fees have been paid to the satisfaction of Ni agara
Region. Clearance requests shall be submitted to the Region in accordance
with the Memorandum of Understanding, which stipulates that requests for
Page 74 of 75
Page 104 of 435
PBD-2023-029
May 30, 2023
formal clearance of conditions are to be received and circulated to the Region
by the local municipality. The local municipality is also responsible for
circulating a copy of the draft agreement, and the Region is unable to provide
a final clearance letter until the draft agreement is received. The Region is
committed to reviewing submissions related to individual conditions prior to
receiving the formal request for clearance. In this regard, studies and reports
(one hard copy and a PDF digital copy) can be sent directly to the Region with
a copy provided to the local municipality.
2) Prior to final approval for registration, a copy of the executed Subdivision
Agreement for the proposed development should be submitted to Niagara
Region for verification that the appropriate clauses have been included.
Niagara Region recommends that a copy of the draft agreement be provided
in order to allow for the incorporation of any necessary revisions prior to
execution.
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 10 inclusive
Transportation Services for Condition 11
Municipal Works for Conditions 11 to 13 inclusive
Landscape Architect for Conditions 14 to 19 inclusive
Fire Services for Conditions 20 to 22 inclusive
Bell Canada for Conditions 23 to 26 inclusive
Canada Post for Conditions 27 to 30 inclusive
Canadian Pacific Railway for Condition 31
Enbridge Gas Inc. for Conditions 32 to 33 inclusive
Hydro One for Conditions 34 to 40 inclusive
NPCA for Condition 41 to 48 inclusive
Regional Municipality of Niagara for Conditions 49 to 80 inclusive
Page 75 of 75
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Address: 8218, 8228, and 8547 Grassy Brook Road
Applicant: Empire (Grand Niagara) Project GP Inc.
Official Plan & Zoning By-law
Amendment and Draft Plan of Subdivision Application
AM-2023-002 & 26T-11 -2023-002
Proposal: To facilitate the development of approximately 4,500 dwelling units, commercial, institutional,
environmental protection, and open space uses. Page 106 of 435
A GREAT CITY…FOR GENERATIONS TO COME
Location
PROPOSED
DEVELOPMENT
Detached
dwellings
Light
Industrial
use
New
Hospital Site
Page 107 of 435
A GREAT CITY…FOR GENERATIONS TO COME
Background
•Between 3,558 to 5, 387 dwelling units (expected 4,500 units)
–Back to Back Towns and Street Towns
–Detached Dwelling with Coach Houses
–Semi-Detached
–Detached
–Small Lot Detached
–Medium Density-block townhouses, small apartment
–Apartment Building
•2 school blocks
•Parks
•Mixed-use (Commercial and residential)
•Environmental Protection Area
Page 108 of 435
A GREAT CITY…FOR GENERATIONS TO COME
Draft Plan
Page 109 of 435
A GREAT CITY…FOR GENERATIONS TO COME
Proposed Official Plan-Special Policy Area
Page 110 of 435
A GREAT CITY…FOR GENERATIONS TO COME
Proposed Zoning
Page 111 of 435
A GREAT CITY…FOR GENERATIONS TO COME
Recommendation
That Council approve the proposed Official
Plan and Zoning By-law Amendment, and
grant Draft Plan Approval as modified in
report PBD-2023-29.Page 112 of 435
Empire (Grand Niagara)Project GP Inc.
“Grand Niagara”Redevelopment
Statutory Public Meeting
May 30th,2023
Page 113 of 435
Gross Area =~455 acres (185 ha.)
Minus:Environmentally-Protected Areas =~195 acres (80 ha.)
Net Area =~260 acres (105 ha.)
AerialPage 114 of 435
Grand Niagara Secondary Plan (within City of Niagara Falls Official Plan)
•Grand Niagara Secondary Plan approved in 2018
•Subject Site designated for Residential,Mixed Use,Environmental Protection/Conservation
and Hospital Employment
Page 115 of 435
City of Niagara Falls Housing Strategy
•Council endorsed Housing Strategy in March 2022
•Corresponding OPA approved in January 2023
•Housing Strategy seeks to improve housing affordability in the City
•Recommendations include,but not limited,to:
–Promoting a diversity of housing types including medium and high-density (e.g.
apartments)
–Encouraging smaller,compact lot sizes
–Encouraging accessory dwellings
Page 116 of 435
New Niagara Region Official Plan (Approved in 2022)
•Area around future hospital identified as a “Regional Growth Centre”
•Population growth and intensification to be directed “Strategic Growth Areas”
•Minimum Density Target:100 persons and jobs per hectare
Page 117 of 435
Proposed Concept Plan
•3,558-5,387
Residential Units
•Mixed-use and
Commercial uses
•Two Schools
•Parks and
Parkettes
•Hospital
Employment and
Potential Hospice
•~45% of site is
Environmentally-
Protected
Page 118 of 435
Hospice Site PlanPage 119 of 435
Parks,Open Space and Trails PlanPage 120 of 435
Ecological Restoration PlanPage 121 of 435
Official Plan Amendment
An Official Plan Amendment is requested to introduce a Special Policy Area for:
•Blocks 89-92 (Apartments)to permit a maximum height of 10 storeys
•Blocks 93-95 (Mixed Use)to permit a maximum height of 15 storeys
Block 89
Block 90
Block 91
Block 92
Block 93
Block 94
Block 95
Page 122 of 435
Zoning Amendment
•Site is currently zoned Open Space (OS)and Environmental Protection Area (EPA)
to permit the existing golf course
•Amendment to rezone to Residential,Institutional,Environmental Protection Area
and Open Space Zones to facilitate the development
•Site-specific performance standards to permit compact form of development
Proposed Zoning
Page 123 of 435
Benefits to Community
1.New Parks,Trails, Bike Lanes,providing access to Welland River.
2.New Boat Launch.
3.Range and mix of housing to cater to a wide demographic.
4.Neighbourhood retail/commercial uses.
5.Two new elementary schools.
6.Ecological Protection and Enhancement.
7.Improvements to existing transportation network through road dedications
and signalizations.
8.Water, wastewater and storm sewer upgrades.
9.Establishment of a hospital employment district.Page 124 of 435
Comments Received to Date
Municipal Departments and Agencies
Planning and Legal
Municipal Works Transportation
Services Parks and Open Spaces
Fire Services
Regional Municipality of Niagara
Niagara Peninsula Conservation Authority
External Agencies Including Utilities
•Bell Canada
•Canada Post
•Canadian Pacific Railway
Enbridge
•Hydro One
Page 125 of 435
Questions and Comments WelcomePage 126 of 435
Julie Hannah
Alice Zhao <.com>
Monday,April 3,2023 6:38 PM
Julie Hannah
[EXTERNAL]-zoning amedment application
From:
Sent:
To:
Subject:
Follow Up Flag:
Flag Status:
Follow up
Flagged
Dear administrator,
We disagree with the proposal.
Thanks!
Hui Chen and XiuYan Zhao
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1
Page 127 of 435
May 29, 2023
RE: Grassy Brook Road Development
7.1. PBD-2023-29 - 26T-11-2023-001 & AM-2023-002 Draft Plan of Subdivision
Dear Council Members:
Thank you for the opportunity to commit on this development. As members of a nature club, we
are primarily interested in the preservation of our quickly diminishing wetlands, forests,
grasslands and agricultural areas.
We are concerned that this large subdivision will put these natural heritage features at risk.
Niagara Falls has many areas with vacant and underutilized buildings which are ripe for re-
development and where services such as schools and libraries and retail already exist. It is
puzzling that council would turn down apartment buildings in a built up section of town across
from an existing retail plaza but approve them in an area with wetlands and farmlands.
I have heard council members talk about not wanting a Toronto, but Niagara Falls is not
becoming a cosmopolitan city, it is becoming a spread-out bedroom community. A compact city
core with an abundance of natural areas better serves its residents. Subdivisions in areas like this
will not make our city a better place to live.
I see in the reports that the city wishes to preserve some of the wetlands and significant forests
and I fully agree. Some of our most threatened species depend on grassland areas and we need
those protected also.
An area of concern is the emphasis on compensation. How will this be done and monitored? Too
often compensation fails. Another concern is talk of appropriate buffers. How large will they
be? We have seen initially adequate buffers shrunken in size significantly as the approval
processes move along.
The nature and beauty of Niagara Falls is our greatest treasure, please let us all preserve it.
Sincerely,
Joyce Sankey, Conservation Director, Niagara Falls Nature Club
Page 128 of 435
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Page 131 of 435
1
Heather Ruzylo
To:Bill Matson
Subject:RE: [EXTERNAL]-Grand Niagara secondary Plan - Agenda Item 7.1
-----Original Message-----
From: Leslie Laan <
Sent: Monday, May 29, 2023 3:48 PM
To: Bill Matson <billmatson@niagarafalls.ca>
Subject: [EXTERNAL]-Grand Niagara secondary Plan - Agenda Item 7.1
Dear Mr Matson,
My Name is Leslie Laan, longtime resident of Niagara Falls.
I would like opportunity to speak at the council meeting tomorrow night , as I have a couple of
concerns regarding the Grand Niagara Secondary Plan.
They are:
1 -Regarding the proximity to the Solvey Chemical Plant Concern -the Exposure Potential to the
residents of both the 3000-5000 new dwelling units, as well as the students and employees of the two
schools proposed for the site as they are within emission's outfall radius in the event of chemical
emergency or In the periodic emergency Flaring events that occur.
A) What is the liability for the city for injury, sickness or fatality when this type of event occurs if
council approves this plan if these issues are not addressed before hand.
B) Is there an emergency evacuation plan in place to get these folks out of the area in a safe and
timely manner before damaging exposure can occur.
2 - Regarding the use of Storm water catchment ponds.
A) Was an alternative to this practice investigated given the exorbitant cost of the maintenance of the
city's existing SWP?
ie: Overland Stormwater swales and catchment system that could be incorporated or mesh with the
existing hydrologic features on the property.
3. Regarding wildlife and species habitat
A) has this plan addressed the use of wildlife corridors and street/road underpasses that would allow
species migrational movement from the Grassy Brook headwater habitat to the Welland River?
(Some of these could be addressed with the above type of Stormwater Catchment System design).
Thank for allowing me the opportunity to address these concerns.
Regards,
Leslie Laan
Sent from my iPhone
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Page 132 of 435
PBD-2023-28
Report
Report to: Mayor and Council
Date: May 30, 2023
Title:
Grassy Brook Secondary Plan
Phase 1: Existing Conditions and Background Review
Recommendation(s)
It is recommended that:
1. Council receive the Phase 1: Existing Conditions and Background Review for the
Grassy Brook Secondary Plan attached as Appendix 1; and
2. Council direct Staff to proceed to Phase 2 of the Grassy Brook Secondary Plan
Project.
Executive Summary
Council was presented with a Project Initiation Report on January 17, 2023 (PBD-2023-
003) which introduced the consulting team of Dillon Consulting Ltd., Aquafor Beech
(environmental), ARA (archaeological/cultural) and Watson and Associates Economists
Limited, to comprehensively study the Grassy Brook area through a secondary plan
process.
The findings of Phase 1 of the Grassy Brook Secondary Plan (GBSP) Project are
attached to this report as Appendix 1. Phase 1 included the completion of background
technical research, an analysis of opportunities and constraints, engagement with
residents and stakeholders.
City Staff and its Consultants are prepared to proceed to Phase 2 of the project which
involves the continuation of background work for the subwatershed and heritage
studies, and the preparation of land use options. Public and working group
consultations will inform the land use options that will be presented to Council prior to
the preparation of a secondary plan.
Background
The Grassy Brook Secondary Plan study area, totalling 495 ha (1,223 ac) in size, is
located east of the QEW, south of the Welland River and north of Lyon’s Creek.
The area is currently unserviced until the completion of the South Niagara Falls
Wastewater Treatment Plant which will be located within the secondary plan area, on
Page 1 of 60
Page 133 of 435
the north side of Reixinger Road. The objective of the secondary plan process is to
develop a complete community that is planned, designed, and developed to be
walkable, transit supportive, and respectful of the natural environment while helping to
meet the City’s 2051 employment and housing targets. The Secondary Plan will also
ensure that growth occurs in a coordinated and efficient manner in accordance with a
transparent process.
A project initiation report PBD-2023-03 was received by Council on January 17, 2023.
Council also authorized staff to develop a Terms of Reference and advertise a Request
for Expression of Interest for participation in a Community Focus Group to seek out
interested persons to participate and provide regular input over the course of
development of the Secondary Plan.
Analysis
In addition to providing a background to what a secondary plan is, the Phase 1; Existing
Conditions and Background Review for the Grassy Brook Secondary Plan expands on
the following.
Policy Context
The current policy structure of the Provincial Plans and the Region are the policies
under which the Secondary Plan is being undertaken. Staff does not expect that policy
changes currently being considered at the Provincial level will change the direction of
the Secondary Plan as the Province is encouraging municipalities to continue to apply
their growth targets through its future planning.
Council recently adopted Official Plan Amendment No. 147 (April 18, 2023) which
applied an Employment Area and Employment Lands designation to certain lands north
of Reixinger Road. OPA No. 147 has been forwarded to the Niagara Region for
approval.
Existing Conditions
The Existing Conditions section of the attached Phase 1 report identifies the current
state of land use designations, uses, active developments, the South Niagara Falls
Wastewater Treatment Plant, transportation and infrastructure within the area. The
known and mapped environmental features such as natural heritage, floodplain and
hazard assessment, surface drainage and water quality, and cultural heritage features
such as the Dell Cemetery, are also identified. All of the existing conditions represent a
starting point for further analysis and confirmation through the subsequent phases of the
Study.
The existing conditions within the area will shape the future urban design of the area
with respect to mobility and connectivity through trail networks, the preservation of view
sheds, natural areas and cultural heritage, and the transportation network.
Page 2 of 60
Page 134 of 435
Also identified is the South Niagara Falls Wastewater Treatment Plant which is to be
located on the north side of Reixinger Road. The footprint of this land use will have an
impact on surrounding properties as compatibility with future land uses must be
addressed in the Secondary Plan.
Opportunities and Constraints
The Phase 1 Report identifies several factors that can not be changed through the
Secondary Plan process. They include:
• The Region’s Employment Area designation and employment density targets
Greenfield density and Intensification targets within the Region’s and City’s
Official Plan
• The location of the South Niagara Falls Wastewater Treatment Plant
• Protected Natural Heritage features and their buffers (to be confirmed through
the Subwatershed Study component of the Secondary Plan)
Opportunities presented through the Secondary Plan process include potential public
uses/access along the Welland River shoreline, enhanced recreation nodes and
linkages and an improved design for transportation and transit access. This is in
addition to the opportunity to collaborate with landowners and the broad community to
establish an attractive residential and mixed use community.
The Report also identifies the constraints on land use changes within the study area
such as protected natural heritage or cultural heritage features and their buffers, QEW
interchange ramps, sanitary services (at this time) and the limite d control with respect to
the timing or the desire of private landowners to redevelop in line with secondary plan
designations and policies.
Community Focus Group and Public Consultation
Staff and representatives of the Consulting Team have had two meeti ngs with a
Technical Advisory Team (City, Regional Staff), one meeting with the Community Focus
Group and one Information Open House within Phase 1. Interviews with primary
landowners are currently being arranged and are expected to be conducted over the
next few weeks, prior to Phase 2.
The City utilized its social media platforms to invite residents to submit their interest in
participating in a Community Focus Group (CFG) for the Secondary Plan. The CFG
provides an opportunity for a selected group of individuals to express their views in
detail, to hear opinions of others and to collectively develop resolutions which is not
possible using conventional public engagement methods. The Group will meet 5 times
over a 12 month period throughout the development of the plan to assist in establishing
goals, objectives and a vision statement for the Secondary Plan.
Staff received over 30 interested individuals and, in line with the Terms of Reference
posted on the Let’s Talk Niagara Falls webpage, invited 12 residents to participate on
Page 3 of 60
Page 135 of 435
the CFG. The first meeting of the Group was held in the first week of April where an
introduction to the project was shared.
A Public Information Meeting was publicized (Newspaper Notice and Social Media) and
held on April 13th. Between 40-45 residents attended to hear about the Secondary Plan
project and process. Those in attendance were given the opportunity to ask questions
of the Consultants and Planning Staff and to participate in a constraints and
opportunities exercise. There was a strong interest in the protection of the natural
heritage assets within the Secondary Plan area and the desire to see a well designed
community. Additional Public Information Meetings will be held in future phases of the
project.
A large component of the project and a matter of interest during public consultation is
the Subwatershed Study which will proceed in 3 Phases: an existing conditions report
and identification of key issues and opportunities, subwatershed analysis & mitigation
strategy report, and subwatershed master plan EA report.
Next Steps
Phase 2 of the Secondary Plan process will involve the development of goals, the
establishment of guiding principles and the exploration of land use options and
alternatives. Further public consultation, including Indegenous engagement, and work
with the CFG is expected within this phase, as well as the advancement and completion
of the supporting studies (subwatershed plan, transportation plan, etc.) which will feed
into the preparation of land use options. At the end of Phase 2 a preferred land use
option will be determined and presented to Council.
Financial Implications/Budget Impact
There are no direct financial implication arising from this report. The Grassy Brook
Secondary Plan has an approved budget allotment of $725,000 and the Niagara Region
has committed $200,000 towards this amount.
Strategic/Departmental Alignment
The development of the Grassy Brook Secondary Plan is consistent with the Vibrant
and Diverse Economy, Healthy Safe and Livable Community, and Diverse and
Affordable Housing priorities.
List of Attachments
Grassy Brook Secondary Plan- Existing Conditions Analysis and Background Review-
Draft v3_AODA (003)
Written by:
Francesca Berardi, Planner 2
Submitted by: Status:
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Andrew Bryce, Director of Planning Approved
- 19 May
2023
Kira Dolch, Director of Planning, Building &
Development
Approved
- 23 May
2023
Jason Burgess, CAO Approved
- 23 May
2023
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GRASSY BROOK SECONDARY PLAN
EXISTING CONDITIONS AND BACKGROUND REVIEW
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Table of Contents
1.Introduction and Background
Purpose and Background
Project Process
What is a Secondary Plan?
The Study Area
Consultation and Engagement Plan
2. Policy Context
Policy Context-Provincial Policy Statement, 2020
Policy Context-A Place to Grow, Growth Plan for the Greater Golden Horseshoe,
2019 (as amended in 2020)
Policy Context-Niagara Official Plan, 2022
Policy Context-City of Niagara Falls Official Plan
Policy Context-Housing
Policy Context-Employment
3. Existing Conditions
Population and Employment Growth
Existing Land Uses
Existing Official Plan Designations
Existing Zoning
Land Use Compatibility-Wastewater Treatment Plant
Active Development Application
Urban Design: Mobility and Connectivity
Urban Design: Built Form
Urban Design: Natural Heritage, Parks, Open Space, and Recreation
Urban Design: Cultural Heritage
Transportation: Existing Conditions
Transportation: Niagara Falls Transportation Master Plan
Infrastructure-Existing Conditions
Infrastructure-Water and Wastewater Master Servicing Plan
Infrastructure -2016 MSP Preferred Water Strategy
South Niagara Wastewater Study "Validated Class EA Preferred Layouts“
Environment-Subwatershed Study for Grassy Brook
Environment-Natural Heritage
Environment-Floodplain and Erosion Hazard Assessment
Environment: Surface Drainage & Water Quality
Environment: Preliminary Constraints to be refined through Phase 1 Analysis
Cultural Heritage and Archaeology
4. Opportunities and Constraints to Growth
Factors that Cannot Change and other Considerations
Preliminary Opportunities to accommodate growth
Preliminary Constraints to growth
5. Next Steps
Next Steps
i
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Table of Contents
Figures
Figure 1: Study Area
Figure 2: Policy Context Niagara Region Official Plan: Urban Structure.
Figure 3: Policy Context Niagara Region Official Plan: Employment Areas
Figure 4: Policy Context: Local Official Plan
Figure 5: Existing Land Uses
Figure 6: Existing Official Plan Designations
Figure 7: Existing Zoning
Figure 8: Land Use Compatibility and Wastewater Treatment Facility
Figure 9: Active Development Applications
Figure 11: Built Form
Figure 13: Cultural Heritage
Figure 14: Existing Roadway Classification
Figure 15: Active Transportation
Figure 16: Existing Transit
Figure 17: Sanitary Servicing
Figure 18: Water Servicing
Figure 19: Niagara Falls Water Systems
Figure 20: Niagara Falls Water Systems
Figure 21: 2016 MSP Preferred Water Strategy
Figure 22: South Niagara Falls Wastewater Solutions “Validated Class EA
Preferred Layouts”
Figure 23: Natural Heritage
Figure 24: Floodplain and Erosion Hazard Assessment
Figure 25: Drainage and Water Quality
Figure 26: Environment & Preliminary Constraints
Figure 27: Factors that cannot change and other considerations
Tables
Table 1: Niagara Official Plan Growth Forecasts
ii
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1.Introduction and
Background
3
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Purpose and Background 4
Project Background
The City of Niagara Falls is one of 12 lower-tier municipalities forming part of the
Regional Municipality of Niagara. Located along the Niagara River, and home to one
of the great wonders of the world, the City is an international gateway for
consumer goods and is recognized as a popular tourist destination. The City is also
a great place to call home, with over 94,415 people living in in the Falls, based on
the 2021 Census of Population recently released by Statistics Canada.
Both the Region of Niagara and the City of Niagara Falls have completed a number
of underpinning studies to inform growth at the Regional and local scales to the
2051 planning horizon and beyond. At the Regional level, this included the
Municipal Comprehensive Review (MCR) and New Niagara Region Official Plan;
and, at the local level this included the preparation of an Employment Lands
Strategy and a Housing Strategy. All of these studies have pointed to the need for
the City to accommodate a significant amount of new population and employment
growth over the next 30 years.
Proactive planning for the appropriate range and mix of land uses in key areas of
focus, through the development of detailed secondary planning processes, will be
of critical importance for the City. This detailed planning allows the City to be best-
positioned to respond to the changing needs of the community and ensure
residents have a balance of opportunities to live, work and play in Niagara Falls.
One of the priority areas of focus for detailed secondary planning identified by the
City is the Grassy Brook Secondary Plan (GBSP) area. The City has retained the
consulting team of Dillon Consulting Limited (Dillon), Aquafor Beech, ARA and
Watson and Associates Economists Limited (Watson) to comprehensively study the
area as part of the secondary planning process.
Project Purpose
This project will consider the local context, environmental conditions, infrastructure
investment, land use compatibility, urban design, cultural heritage, and other
elements to provide a proactive policy framework and direction for employment
and residential development in the area. The goal for this project is to work with
City staff, Regional staff, the Niagara Peninsula Conservation Authority, Council,
residents and stakeholders as part of an iterative and transparent land use planning
process to create a vision and associated policies to guide future development of
Grassy Brook.
The City is expected to accommodate a total of 141,650
persons and 58,110 jobs by 2051. The Grassy Brook Area is
where some of this growth will occur. Proactive secondary
planning will allow the City to balance the need for
environmental preservation, protection of employment
areas and providing opportunities for residential growth.Page 10 of 60Page 142 of 435
Project Process 5
Phase 1
Project Commencement and
Background Review
Start project and
conduct
background
technical
research
WE ARE HERE
Analyze
opportunities
and constraints
Engage with
residents and
stakeholders
Present Phase 1
findings to
Council
Phase 2
Land Use Options
Work with
technical team,
residents and
stakeholders to
develop vision,
goals, key
guiding
principles and
explore potential
land use options
Present land use
options to
residents and
stakeholders
Evaluate land
use options and
alternatives
Determine
preferred land
use option and
present Phase 2
findings to
Council
Phase 3
Secondary Plan
Development
Prepare Draft
Secondary Plan
and obtain input
from residents and
stakeholders
Present Draft
Secondary Plan to
Council (Statutory
Public Meeting)
Present Final
Secondary Plan to
Council (Adoption
Meeting)
The GBSP and associated studies will be conducted in a series of phases, informed by detailed technical analysis and public and stakeholder consultation. The project will be
complemented by a Technical Advisory Committee (TAC) comprised of representatives from various City and Regional departments;and, a Community Focus Group (CFG),
comprised of representatives from the broader community and stakeholder groups. In addition, Council and residents will be informed and engaged throughout the project,
with broader public engagement and Council presentations provided for in each phase.
The GBSP technical work includes a subwatershed study, cultural heritage evaluation review, archaeological assessment, transportation and infrastructure study, policy and land
use planning review, land use compatibility analysis and urban design review. The fiscal impact/market analysis was also a separate tool that also assisted in this process. Each
of these will serve as inputs into the development of objectives, vision, goals, guiding principles and land use options to be further vetted by residents, stakeholders and the
public. The project team will use the technical analysis and input to determine the preferred land use option to form the basis for the development of the Secondary Plan. The
Secondary Plan will be presented in draft form for input through the formal engagement process; and, finalized for adoption by Council. Secondary planning exercises take time
to complete, and the consulting team and the City want to take the time through an iterative process to allow for a successful final outcome. It is anticipated that this project
will be complete in a two-year timeframe.Page 11 of 60Page 143 of 435
What is a Secondary Plan?6
What is a Secondary Plan?
Secondary Plans are more detailed plans for specific areas within a community that
identify land use planning, community design, transportation and municipal
infrastructure needs to accommodate long term growth. They are built on
significant community consultation and can assist in achieving a variety of land use
planning objectives to support complete communities. Secondary Plans are
adopted into the Official Plan and have status under the Planning Act.
Why do we need a Secondary Plan?
Grassy Brook is one of the City’s last unplanned, unserviced urban Designated
Greenfield Areas (DGAs). There are a number of existing land uses in this area, which
will cease over time to allow for new, coordinated, development and change to occur.
Some of the changes have already been confirmed. South Niagara Falls is expected to
see significant new growth; new facilities, such as the South Niagara Falls Hospital,
will form part of the broader landscape in proximity to the Grassy Brook Area; a new
wastewater treatment plant to service the growth will exist within the Grassy Brook
Area; and, the area will contribute to the growth of South Niagara Falls by providing
opportunities for prestige employment uses. Some of the elements remain unknown
at this time:
•What are the existing natural heritage conditions in the area?
•What environmental features need to be protected?
•How will Grassy Brook fit within the existing and planned development context of
the City?
•What is the most appropriate layout and land use pattern for the area to support
complete communities?
•How can matters of land use compatibility be managed?
A secondary plan will allow for the proactive and effective management of the new
growth anticipated for Grassy Brook while considering these unique and localized
factors to provide a level of certainty for the type of change that is expected for this
area over the long-term.
1. Vision,
Goals/Objectives
2. Land Use
3. Transportation and
infrastructure
4. Urban Design
5. Environmental
Protection and
Enhancements
What is the Intended Future Use of the Grassy Brook Area?
Based on the work completed by the City, through the Employment Lands Strategy;
and, the Region, through the Municipal Comprehensive Review and Provincially
Approved Niagara Region Official Plan (NOP), a significant proportion of the lands
within the Grassy Brook Area are identified as an Employment Area to
accommodate future employment growth. While the primary intended purpose of
this area is to support broader economic development objectives and employment
growth, there may be opportunities to provide for other land uses, including
residential, that will assist in meeting complete community objectives for the City.Page 12 of 60Page 144 of 435
The Study Area 7
Figure 1: Study Area
The Grassy Brook Area is located east of
the Queen Elizabeth Way (QEW) and is
bordered by the Welland River to the
north and Lyon’s Creek to the south. It
comprises approximately 495 hectares
(ha) of land and represents one of the
City’s unplanned, unserviced Designated
Greenfield Areas. Lands within the
Grassy Brook Area are currently
designated Resort Commercial,
Environmental Conservation Area,
Environmental Protection Area, Open
Space and Residential; while they are
generally zoned Industrial and
Environmental Protection Area. There
are a number of existing uses in the area,
including residential, agricultural,
campground, public parks, and a
cemetery. The Study Area is delineated
on Figure 1.Page 13 of 60Page 145 of 435
Consultation and Engagement Plan 8
What is our Consultation and Engagement Plan for this
Project?
An engagement plan has been developed to present the approach that the
Project Team will take to conduct meaningful engagement throughout the
project, and identify how feedback from the public and stakeholders will be
captured. This engagement plan is an internal dynamic working document that
the Project Team will utilize throughout the project lifecycle. The plan is flexible
in nature, and can be revisited, from time to time, to respond to changing
needs. A number of objectives will guide how we engage and consult
throughout the project.
1.Open and Transparent: We will provide a visible, open, and transparent
process. The decision-making process, including how participant feedback will
be considered will be clearly communicated throughout the process, in
particular at the onset to establish a clear understanding of the engagement
goals and objectives.
2.Collaborative: The Grassy Brook Secondary Plan will reflect input from
stakeholders and the community, to create a shared plan that everyone can
collectively stand behind.
3.Meaningful Involvement:Participants will be engaged early and provided
with the information they need to participate in a meaningful way, and guided
on what key aspects of the process they can provide feedback on. Education
and outreach to create clear connections between the Secondary Plan and how
decisions get made down the line will be a central part of the process.
4.Educational: We will build awareness and inform residents about the
purpose, objectives, outcomes, land use options and other elements of the
Secondary Plan, as appropriate, throughout the project lifecycle.
5.Inclusive: We will reach out to a wide variety of people and involve diverse
voices in the conversation. We will work diligently to remove or reduce barriers,
the best that we can, to ensure that diverse voices are heard throughout this
engagement process. This includes people from across the community of
different ages, ethnicities/cultures, Indigenous communities, socioeconomic
standings and gender identities/sexual orientations.Page 14 of 60Page 146 of 435
2.Policy Context
9
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Policy Context-Provincial Policy Statement, 2020 10
The Provincial Policy Statement, 2020 (PPS) is issued under Section 3 of the Planning Act and came into effect
on May 1, 2020. The PPS establishes the policy framework for regulating the development and use of land in
Ontario and provides direction for matters of provincial interest related to land use planning and development.
It provides a vision for land use planning in Ontario that encourages an efficient use of land, resources and
public investment and infrastructure. In accordance with the Planning Act, all decisions affecting planning
matters “shall be consistent with” the PPS policy statements. The PPS supports a comprehensive, integrated
and long-term approach to planning and provides a policy framework for appropriate development while
protecting resources of provincial interest, public health and safety, and the quality of the natural and built
environment.
The PPS policy framework focuses growth and development within urban and rural settlement areas,
promoting the wise use of land and efficient development patterns in order to ensure the full range of current
and future residents’ needs can be met. This includes optimizing land, resources, infrastructure and public
service facilities; promoting a mix of housing, employment, recreation, parks and open spaces and
transportation choices that prioritize active transportation over other modes of travel; and, protecting natural
heritage resources, water resources, agricultural resources, aggregate resources, and cultural heritage and
archaeological resources.
While the PPS does not specifically set out rules of compliance for secondary plans, it does by proxy influence
secondary plans as secondary plans must conform to the OPs that the PPS provides policy guidance for.
Secondary Plans must focus on managing growth, employment, housing and economic prosperity in such a way
that the following are accommodated for:
•The provision of an appropriate mix of housing types (including housing which is affordable to low and
moderate income households) and densities to meet growth needs;
•An appropriate range and mix of land uses to meet growth needs for a time horizon of up to 25 years,
informed by provincial guidelines; and,
•The promotion of economic development and competitiveness through opportunities for economic
development and community investment-readiness.
Grassy Brook is one of the City’s last unplanned,
unserviced urban Designated Greenfield Areas and
will accommodate future employment growth, and
residential growth, as appropriate, to support the
development of this area as a complete community.
With this in mind, the secondary plan process
provides a unique opportunity to study the area at a
detailed level to determine how best to
accommodate a mix of land uses and manage city
and regional priorities for investment and economic
growth, while ensuring land use compatibility
between those uses. Page 16 of 60Page 148 of 435
Policy Context-A Place to Grow, Growth Plan for the Greater Golden Horseshoe, 2019 (as
amended in 2020)11
Similar to the PPS, the guiding principles of the Growth Plan focus on achieving complete communities, stimulating
economic growth, prioritizing intensification and higher densities to optimize infrastructure investments, and
mitigating the adverse impacts of climate change. Grassy Brook is an area that is included within the boundaries
applicable to policies within the Growth Plan and its planning horizon to 2051. Of particular relevance to this report
are the following policies:
Employment Area
Grassy Brook has been identified as an employment area. As the study area illustrates, these lands have prominent
visibility off of a major goods movement facility, namely the Queen Elizabeth Way, and is in close proximity to other
significant local and Regional transportation networks. Within the Growth Plan, Employment Areas are intended to;
•Be located adjacent to or near major goods movement facilities and corridors, including major highway
interchanges, as areas for manufacturing, warehousing and logistics, and appropriate associated uses and
ancillary facilities;
•Be protected for appropriate employment uses over the long-term. For greater certainty, employment area
designations may be incorporated into upper-and single-tier official plans by amendment at any time in advance
of the next municipal comprehensive review, and through policies within the Grassy Brook Secondary Plan;
a)prohibit residential uses and prohibit or limit other sensitive land uses that are not ancillary to the
primary employment use;
b)prohibit major retail uses or establish a size or scale threshold for any major retail uses that are
permitted and prohibit any major retail uses that would exceed that threshold; and
c)Provide an appropriate interface between employment areas and adjacent non-employment areas to
maintain land use compatibility.
In terms of density targets, the Growth Plan states that municipalities must establish minimum density targets for
all employment areas within settlement areas that:
a)are measured in jobs per hectare;
b)reflect the current and anticipated type and scale of employment that characterizes the employment
area to which the target applies;
c)reflects opportunities for the intensification of employment areas on sites that support active
transportation and are served by existing or planned transit; and
d)will be implemented through official plan policies and designations and zoning by-laws.
The Grassy Brook Area has potential to ensure
long term economic prosperity as the area has
capacity to accommodate future employment
growth that existing employment areas do not
have capacity for.Its proximity to highways
renders it an ideal candidate for sufficient and
timely movement of goods and services,and the
surrounding residential land use provides an
opportunity to collectively achieve the density
target upheld by the Growth Plan.Page 17 of 60Page 149 of 435
Policy Context-A Place to Grow, Growth Plan for the Greater Golden Horseshoe, 2019
(as amended in 2020)12
Designated Greenfield Area
As a Designated Greenfield Area, the Grassy Brook Secondary Plan must reflect the goals
and visions set out for these areas as indicated in the Growth Plan to the 2051 horizon.
Designated Greenfield Areas within the Niagara Region are intended to achieve a minimum
density target that is not less than 50 residents and jobs combined per hectare. This target
is measured over the entire Designated Greenfield Area, excluding the following:
a)Natural heritage features and areas, natural heritage systems and floodplains, provided
development is prohibited in these areas;
b)Rights-of-way for: electricity transmission lines; energy transmission pipelines;
freeways, as defined by and mapped as part of the Ontario Road Network; and
railways;
c)Employment areas; and
d)Cemeteries.
These areas must function to support the achievement of complete communities, active
transportation; and encourage the integration and sustained viability of transit services.
Gateway Economic Zone
In recognition of the importance of cross-border trade with the United States, the Growth
Plan recognizes a Gateway Economic Zone and Gateway Economic Centre near the Niagara-
United States border which includes Grassy Brook. The Grassy Brook Secondary Plan will
need to support economic diversity and promote increased opportunities for cross-border
trade, movement of goods, and tourism through the planned 2051 horizon of the Growth
Plan. Page 18 of 60Page 150 of 435
Policy Context-Niagara Official Plan, 2022 13
The Niagara Official Plan requires local
municipalities to prepare secondary
plans in new Designated Greenfield
Areas and sets out what these must
include.
Table 1: Niagara Official Plan Growth Forecasts
Municipality Population Employment
Fort Erie 48,050 18,430
Grimsby 37,000 14,960
Lincoln 45,660 15,220
Niagara Falls 141,650 58,110
Niagara-on-the-Lake 28,900 17,610
Pelham 28,830 7,140
Port Colborne 23,230 7,550
St. Catharines 171,890 79,350
Thorold 36,690 12,510
Wainfleet 7,730 1,830
Welland 83,000 28,790
West Lincoln 38,370 10,480
Niagara Region 694,000 272,000
The Niagara Official Plan provides a long-term land use planning framework to shape and define the
region for future generations. It sets out a growth strategy for the Region to the 2051 planning
horizon, allocating population and employment growth and local intensification, density and
employment targets to be met in order to achieve the Regional vision for growth and applicable
Provincial legislation, policies and directives. Following the completion of the Regions municipal
Comprehensive Review (MCR), The Niagara Official Plan was approved by Regional Council on June 23,
2022 and sent to the Province of Ontario’s Ministry of Municipal Affairs and Housing for approval; and,
was approved by the Province, with modifications, on November 4, 2022. Current land use planning
legislation requires that all local Official Plans, amendments, land-use related by-laws and all future
development must conform to the Niagara Official Plan.
Table 2-1 of the Niagara Official Plan provides population and employment forecasts by local area
municipality, which form the basis for land use planning decisions to 2051 and is reproduced herein
and shown on the left hand side of this page (Table 1). These forecasts are minimums that local
municipalities must demonstrate can be achieved through updates to their Official Plans and through
detailed secondary planning processes, as applicable. They are to be used to determine the location
and capacity of infrastructure, public service facilities, and the delivery of related programs and
services required to meet the needs of Niagara’s current and future residents. Based on Table 2-1,
Niagara Falls is positioned to have the second highest population and employment increases in the
Region, after St. Catharines, representing 20% of the Region’s overall population growth and 21% of
the Region’s overall employment growth.
The Niagara Official Plan requires local municipalities to prepare secondary plans for Designated
Greenfield Areas, with policies and schedules that must ensure the following: a diversity and mix of
uses, a mix of built form, high quality urban design and public realm, provision of parks and open
space, appropriate refinement and implementation of the Region’s natural environment system,
adequate provision of infrastructure, including transit and active transportation, and co-location of
public service facilities within community hubs, where appropriate, and adapting existing public
service facilities and spaces as a priority.
A number of elements of the Natural Environment System are also identified in the Niagara Official
Plan. Grassy Brook’s Natural Environmental System will need to be studied in greater detail as part of
the Subwatershed Study, and incorporated into the Secondary Plan.Page 19 of 60Page 151 of 435
Policy Context-Niagara Official Plan, 2022 14
Figure 2: Policy Context Niagara Region Official Plan: Urban Structure.Schedule B of the Niagara Official Plan identifies the
Regional Structure (shown on Figure 2). The Grassy Brook
Area forms part of the following components of the
Regional Structure:
•Designated Greenfield Area bound by the Welland
River and Lyons Creek between the Queen Elizabeth
Way and Stanley Avenue, excluding the property
located at Lyons Creek and Stanley Avenue (currently
King Waldorf Campground);
•Built up Area bound by the Welland River and Lyons
Creek, including the property located at Lyons Creek
(Currently King Waldorf Campground) and all lands on
the east side of Stanley Avenue; and,
•Employment Area bound by the Welland River and
Lyons creek between the Queen Elizabeth Way and
Stanley Avenue.
A number of targets and policies apply to these
structure elements. The Grassy Brook Secondary Plan
will need to incorporate a framework that ensures these
targets can be achieved.
Designated Greenfield Areas must be planned to achieve or exceed the minimum target of 50 residents and jobs per hectare over the entire Designated Greenfield Area.
These areas must be planned as complete communities.
In Niagara Falls, the Region requires Built up Areas to accommodate growth through intensification at a rate of 50%. The minimum number of units assigned to the City of
Niagara Falls’ Built up Areas is 10,100 (Table 2-2 of the Niagara Official Plan). A portion of those units will need to be accommodated in the Grassy Brook Built up Area.
Employment areas are to be protected for employment uses over the long term. Residential uses, major retail/ major commercial uses; and, major office uses are prohibited
in employment areas. Conversion of employment lands to non-employment uses are prohibited by the Region’s plan, as well as other Provincial policies.Page 20 of 60Page 152 of 435
Policy Context-Niagara Official Plan, 2022 15
Figure 3: Policy Context Niagara Region Official Plan: Employment Areas Schedule G of the Niagara Official Plan identifies a more
detailed framework for employment areas, classifying
them into three types: Core, Dynamic and Knowledge and
Innovation. The Grassy Brook employment area is
designated as ‘Dynamic’ in the Niagara Official Plan
(Figure 3). Dynamic Employment Areas support clusters
of traditional and lighter industrial uses, with a broader
mix of employment uses including office parks and
institutional uses that can function without limiting the
viability of one another. A mix of complementary
employment uses will be encouraged through
development or redevelopment within dynamic
employment areas that do not limit the ability for other
employment uses within the employment area to grow or
expand.
More broadly, the Niagara Official Plan requires that
planning tools to achieve compatibility between
employment and non-employment and should be
planned to consider improved connectivity with transit
and active transportation, a mix of amenities and open
space to serve the workforce, and achieve alignment with
economic development strategies to retain and attract
investment.
Minimum density targets for employment areas are found in Table 4-2 of the Niagara Official Plan. Table 4-2 sets the density target for the Dynamic Employment Area at 20
jobs per hectare. This is the minimum density the area must achieve in order to accommodate the employment growth assigned to the City by the Region in Table 2-1.
Local municipalities must designate Employment Areas shown on Schedule G (Figure 3). They must also plan for employment areas to achieve minimum density targets. The
Grassy Brook Secondary Plan will need to delineate the Dynamic Employment Area and include policies to implement the 20 jobs per hectare target assigned to the City for
this area. It will also need to ensure appropriate land use compatibility measures are put in place.Page 21 of 60Page 153 of 435
Policy Context-City of Niagara Falls Official Plan 16
The City of Niagara Falls Official Plan outlines the long-term objectives and policies for the City to guide growth
and development of the urban lands; the protection of agricultural lands; the conservation of natural heritage
areas; and, the provision of necessary infrastructure to a 2031 planning horizon.
The current Official Plan was approved by the Ministry of Municipal Affairs on October 6, 1993 and has been
amended and updated from time to time since then. Amendments have been both City-initiated, to address
matters of local conformity, as well as through privately-initiated site-specific amendments to facilitate
development. The most recent consolidation of the Official Plan occurred in April 2019, which includes all
approved City-initiated and privately-initiated amendments up to that date.
In accordance with the current Official Plan, the City is expected to grow by over 106,000 people and over 50,000
thousand jobs into 2031, with tourism being the most dominant driver of economic investment and prosperity
since the decline of the manufacturing sector within the Region.
The City of Niagara Falls Official Plan establishes an urban structure and land use planning framework that
implements the Region’s 2031 growth framework and ensures a balance of priorities through integrated land use
compatibility policies dedicated to facilitating smooth transitions between employment and urban areas.
Given that the Province has recently approved the Niagara Official Plan, the City will need to complete a future
conformity exercise to ensure that the local Official Plan implements the Region’s 2051 growth framework. While
some local policies will continue to be relevant and applicable to the Secondary Plan process, the project team will
also need to rely on the Niagara Official Plan to ensure that the 2051 Regional planning vision can be achieved.
It is also important to note that Bill 23 recently received Royal Assent, and implementation of Bill 23 may have
implications for the City’s Official Plan conformity exercise, as well as this Secondary Planning Process. Provincial
directions arising from Bill 23 will be monitored by the project team as the project evolves.Page 22 of 60Page 154 of 435
Policy Context-City of Niagara Falls Official Plan 17
Figure 4: Policy Context: Local Official Plan Schedule A2 of the City of Niagara Official Plan outlines the urban structure
throughout the city. Components of the Urban Structure in the Official Plan include
Corridors, Greenfield Areas, Urban Areas and the QEW Employment Corridor. The
study area includes three different urban structure elements: the QEW Employment
Corridor, Greenfield Area, and Urban Area, which are shown on Figure 4.
The QEW represents a major transportation corridor within the Region of Niagara.
It is the Region’s main connector to the rest of the Greater Golden Horseshoe and is
a significant contributor to the local economy through the movement of goods,
services and people. Lands within the corridor are intended to serve as areas for
future economic development, as exposure to the QEW provides sufficient access
to routes for both visitors and goods and service movement. The overarching goal
of the policies is the establishment of employment uses on and in proximity to
these lands to support economic development objectives.
Lands in the Greenfield Areas are intended to develop as complete communities at
a smaller scale than their urban area counterparts. These areas have a target
density of no less than 53 people and jobs per hectare. A diverse range of uses is
encouraged to be provided. Secondary planning is to be the primary
implementation tool for development of the Greenfield Area. Lands within the Built
up Area, intensification is required and is to be designed to integrate into the
surrounding neighborhood and provide a range and mix of housing types, tenures
and affordability levels. In addition, 40% for all residential development occurring
annually should be within the Built up Area.
The current targets in the City’s Official Plan may be out of date and will need to be updated to align with the Niagara Official Plan. The City will need to complete an Official
Plan conformity exercise which will update the Official Plan to include the new targets for Designated Greenfield Areas and the Built-up Area. The Secondary Plan will use the
Region’s newly approved numbers for planning purposes. Over the long-term, the Region anticipates that the City of Niagara Falls will accommodate 20% of the Region’s
overall population growth and 21% of the Region’s overall employment growth. The Grassy Brook Secondary Plan will introduce a framework that demonstrates the various
growth targets as mandated by the Region in the Niagara Official Plan, including the Greenfield Area target (50 people and jobs per hectare), Built-up Area Target (50%),
Employment Area Target (20 jobs per hectare) can be achieved to accommodate 20% of the Region’s overall population growth and 21% of the Region’s overall employment
growth. Page 23 of 60Page 155 of 435
Policy Context-Housing 18
The City retained Dillon, in collaboration with Tim Welch Consulting (TWC), in late 2020 to conduct a
Housing Directions Study that included technical background research and 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 based
on the 2051 planning horizon, as well as 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; annual targets for affordable
units, theme areas to support a healthy housing continuum throughout the City and (21) actions to
address housing gaps. At the Council meeting of March 22, 2022, Council endorsed the Housing
Strategy.
The housing target recommended in the strategy was implemented through the approval of OPA 149,
which is now in force. This target is for 40% of all new units annually to be affordable (roughly 270
units), either meeting the Region’s definition of “affordable” or being rental units that are affordable to
rental households in the 30th income percentile or lower.
Themes from the Strategy that should be considered as part of the Grassy Brook Secondary Plan are:
•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; and,
•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.
These can be achieved by providing opportunities for higher density types of housing, and alternate
forms of housing, where it is determined residential uses are appropriate as part of the land use
concept development phase.
174
Units Annualy
270
Affordable Units
404
Market Units
135
Meeting Regions
definition
135
Rental, Affordable to
30th Income PercentilePage 24 of 60Page 156 of 435
Policy Context-Employment 19
The City of Niagara Falls retained Watson & Associated Economists Ltd, in partnership with Dillon and MDB Insight
Inc. in the winter of 2020 to conduct an Employment Lands Strategy. The strategy provides a long-term vision and
planning policy framework for the City to enhance the competitive position for industrial and office employment.
The Strategy assessed the City’s long-term employment land needs to the 2051 planning 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. A number of target sectors, strengths, weaknesses, opportunities and constraints
were identified in the Strategy. The outcomes of the Strategy also indicated that the City is expected to experience
an employment area land shortfall before 2051, requiring a new employment area to be identified. The Strategy
recommended that the Grassy Brook Area be designated as the new employment area, for a number of factors,
including:
•Minimizing land use conflicts and compatibility concerns with the confirmed and approved location of the new
South Niagara Falls Wastewater Treatment Plant (WWTP);
•Minimizing land use conflicts with surrounding employment areas;
•Proximity to surrounding employment areas (Montrose Road Industrial Area, Stanley Avenue Business Park); and,
•Direct access and exposure to the Queen Elizabeth Way (QEW).
The following vision is included in the Employment Lands Strategy to guide future planning and development of employment areas:
“Employment Lands within the City of Niagara Falls will provide the City with a diverse collection of parcels; opportunities for greenfield development and intensification
of existing sites; and, allow the City to competitively respond to market demands and meet the City’s employment needs to 2051.”
The Grassy Brook Secondary Plan will need to consider how to implement this vision within the designated employment area through appropriate policies and mapping.Page 25 of 60Page 157 of 435
3.Existing Conditions
20
Page 26 of 60Page 158 of 435
Population and Employment Growth 21
As identified in Table 1 of this Report, the City of Niagara Falls is forecast to grow to a total population of 141,650
and 58,100 jobs over the period to 2051, which is approximately 20% of the total regional base. For employment in
particular, this translates into growth of approximately 19,500 jobs over the period to 2051. As explained in more
detail in the Watson Employment Land strategy (Watson Strategy) the key local drivers and disruptors of future job
growth include:
•Outward Growth Pressure from the GGH. Niagara Falls is located within the Greater Golden Horseshoe (GGH)
which is forecasted to grow with roughly 5.3 million people and 2.4 million jobs over the next 30 years. This
growth, in turn, will drive strong demand for all types of employment and building space including industrial,
commercial retail and (in some cases) major office use.
•Geographic Location. Within the GGH, Niagara Falls is strategically located close to the Greater Toronto and
Hamilton Area (GTHA) as well as the Queen Elizabeth Way (QEW) which serves as a major trade corridor to the
United States (US) and other major urban growth centres in southern Ontario. This road transportation access,
along with pending GO Transit access positions the City very well to attract new business investment.
•Regional Economic Opportunities. Within the region itself, new housing and associated population growth will
generate demand for local industries, including the highly desirable “knowledge-based” and “Creative Class “
sectors that are expected to lead the way in economic development.
•The Innovation Landscape. Supporting demand in these key sectors are several ‘enabling assets’ within the
Regional innovation ecosystem, including business incubators, business accelerators and other innovation
support services to drive long-term economic growth;
•Tourism, which remains a significant part of the Regional and local economy, and will continue to drive demand
for housing and, in turn, a range of direct and indirect employment uses such as ancillary retail across the City’s
Employment Area, for example as observed in the QEW/Highway 420 area.
•Technology and Digital Disruption. While specific outcomes may be difficult to predict, what is clear is that the
economic path forward likely does not involve recapturing low-skill or routing employment but rather growth in
more sophisticated and high-value activities across all occupations and sectors; and
•Finally, Quality of life. In addition to the above advantages, the City also enjoys a high quality of life which will
continue to drive net migration across a broad range of demographic groups and further supporting demand for
land and building space to accommodate future job growth. Page 27 of 60Page 159 of 435
Implications for Employment Lands 22
Taken together, these local drivers combined with broader Macro economic trends bode very well for growth across all sectors of the City’s economic base including Employment
Lands, The COVID 19 Pandemic, in particular, has accelerated not only demand for housing (notwithstanding the more recent market shift), but also many of the factors driving
demand for industrial-type activities. The strongest demand continues to be relatively low-density warehousing and distribution uses to accommodate ever-growing levels of
e-commerce sales and other on-line retail platforms. As noted in the Watson strategy, despite the challenges presented by COVID,and more recently with the current economic
situation, the outlook for the GGH remains positive and the Region and City, which continue to be attractive to international investment and newcomers alike.
Employment Lands (lands accommodating a wide range of industrial-type use) will play a key role in accommodating this growth. Employment Lands are extremely important to
the local economic development potential of the City and Region, including many of the City’s largest private sector employers. The type of development accommodated on
Employment Lands also tends to have higher economic “multipliers”, thereby supporting “spin-off” employment elsewhere in the City and Regional economy. Employment Land
Employment is forecast to grow to approximately 3,500 jobs or roughly 20% of the total employment growth to 2051. Providing an appropriate and suitable supply of lands to
accommodate this growth will be critical to achieving the City’s economic objectives to the plan horizon.
What does this mean for Grassy Brook?
As explained in the Watson Strategy, there is a total of approximately 78 ha (193 acres) of vacant employment land available to accommodate future demand. An
assessment of potential Employment Land conversion sites was also undertaken to identify sites that may no longer be competitive for new business investment and
should be considered for non-employment uses. The conversion analysis was undertaken in consultation with City staff and in accordance with the policy directions set
out in the Growth Plan for the Greater Golden Horseshoe (2019, as amended), the Provincial Policy Statement (PPS) and site-specific evaluation criteria as explained in
the strategy. Arising out of this analysis is a limited number of sites recommended for conversion, which reduces the available vacant land supply to approximately 60 ha
(150 acres).
Ultimately, the study findings indicate that the current vacant supply of 60 ha is not sufficient to accommodate forecast demand, and there is a need to provide
additional lands to the 2051 horizon. An analysis of Employment Land location options was also undertaken, which ultimately recommended the Crawford Farm and
surrounding area (Site 1) as the preferred site for a new business park (the Grassy Brook Area). According to the Watson strategy, this is the only site which meets all the
primary principles of being within the urban boundary, having a sufficient land area to accommodate forecast employment demand and minimal land use compatibility
concerns are associated with developing this site as an employment area. In particular, as employment uses the site would capture the future location of the proposed
wastewater treatment facility thereby preventing sensitive land uses such as residential from causing a potential land use conflict. Page 28 of 60Page 160 of 435
Existing Land Uses 23
Figure 5: Existing Land Uses Figure 5 identifies current uses in Grassy Brook, which
include:
•The Niagara Boating club, accessed via Lyons Creek
Road and located at the terminus of the Welland River
and Lyons Creek;
•Church at the Falls, located on the east side of Stanley
Avenue;
•Dell Cemetery, located on the north side of Rexinger
Road;
•Baden-Powell (Grassy Brook Park), located in the far
northwest corner of the Study Area, proximate to the
Welland River;
•A farming facility adjacent to Stanley Avenue;
•Oak Lands Golf Course, located on the east side of
Stanley Avenue;
•King Waldorf Campground, located on the west side of
Stanley Avenue;
•Agricultural operations along the north side of
Rexinger Road
•Various low-density residential uses generally
concentrated on the south side of Rexinger Road and
scattered throughout the area; and,
•Industrial uses along the north side of Rexinger Road,
including a concrete company, proline repair centre
and warehouses (which may or may not be
operational).
Existing trail connections are present near the North West
portion of the study area providing recreational
opportunities for residents and visitors.
As noted previously, it is expected that a number of these existing uses will cease to exist and change over time to
allow for new, coordinated development to occur. It is expected that existing agricultural operations and other
existing uses on the north side of Rexinger Road will redevelop to include the new wastewater treatment plant
and provide prestige industrial uses, while residential and commercial uses may develop on the south side of
Rexinger Road, depending on outcomes of the compatibility study; Stanley Avenue may provide opportunities for
locally serving commercial uses to support future residents who will one day live where the Oak Lands Golf
Course currently exists. Existing uses, such as the boating club will remain, to continue to provide access to the
surrounding water network. Neighborhood nodes, gateways, parks and trails may also be identified to address
the needs of current and future residents and employees. Page 29 of 60Page 161 of 435
Existing Official Plan Designations 24
Figure 6: Existing Official Plan Designations
Schedule A of the Official Plan identifies the various land use designations that apply throughout the City. The Official Plan describes the planned function, permitted uses
and land use policies that apply to each designation. These are intended to ensure that the City develops as a complete community that provides designated land able to
meet the residential, commercial, employment, open space, institutional, and other needs of current and future residents. In accordance with the current Official Plan and
Schedule A, there are a number of land use designations that apply within the Study Area, including Residential, Resort Commercial, Open Space, Environmental
Conservation Area and Environmental Protection Area (Figure 6).
Since the time the current Official Plan came into effect, as noted previously, a number of changes have occurred at the Provincial and Regional levels that will require
reconsideration of the land use designations within the Grassy Brook Secondary Plan. Some are for the purposes of conformity,while others will support the integration of
the Grassy Brook Area with surrounding areas, including the Grand Niagara Secondary Plan Area, the Montrose Road Industrial Area and the Stanley Avenue Business Park;
and, the development of Grassy Brook as a complete community. Ultimately, the land use planning framework that applies to Grassy Brook today will change.
The Secondary Plan Process represents an
opportunity to determine the most
appropriate land uses for this area based on
technical analysis, land use planning
principles and public input. The Secondary
Plan must ensure the appropriate
Employment Area delineations and
designations are included; and, will also
need to incorporate an associated policy
framework that implements other applicable
targets and policies of the Regional Official
Plan for the local context. It will also need to
delineate environmental areas in accordance
with the outcomes of the Subwatershed
Study, determine where residential and
commercial uses can be permitted and
identify open space areas and active
transportation connections. Page 30 of 60Page 162 of 435
Existing Zoning 25
Figure 7: Existing Zoning
The City of Niagara Falls has four Zoning By-laws that apply to various areas of the City. Chippawa
and the lands north of the Welland River are regulated by Zoning By-law Number 79-200. The
portion of the City previously part of Willoughby Township is regulated by Zoning By-law Number
395 (1966). The former area of Crowland Township is regulated by Zoning By-law Number 1538
(1958) and the Humberstone area is regulated by Zoning By-law Number 70-69. The Secondary
Plan Area is within the limits of the Zoning By-law Number 395 (Township of Willoughby). The
outcomes of the Secondary Plan process will apply new land use designations in the Grassy Brook
Area, which will be implemented through an Official Plan Amendment. New corresponding zoning
regulations will be implemented through a future Zoning By-law Amendment process following the
approval of the Grassy Brook Secondary Plan.
The following zones apply throughout the Study Area (Figure 7):
•Industrial, on the north side of Rexinger Road bound by the Welland
River and Lyons Creek between the Queen Elizabeth Way and Stanley
Avenue, excluding the property located at Lyons Creek and Stanley
Avenue (currently King Waldorf Campground). Current zoning permits
establishments related to manufacturing, converting, or assembling
products, commercial buildings and facilities supporting industrial land
uses, including offices necessary to service manufacturing and
industrial areas;
•Highway Commercial, on the south side of Rexinger Road bound by
the Queen Elizabeth Way and Dell Road. Current zoning permits sports
arenas, auto service centers and sales, places of worship, offices,
various commercial uses, tourist establishments, and restaurants;
•Village Residential, on the south side of Rexinger Road and east of Dell
Road. Current zoning permits single detached dwellings, schools,
educational and medical institutions, libraries, and recreational and
open spaces for community activities;
•Tourist Commercial along both the east and west sides of Stanley
Avenue. Current zoning permits various commercial uses including
banks, galleries, various shops and stores, places of entertainment and
other recreational uses;
•Industrial on the east side of Stanley Avenue, where the Oak Lands
Golf Course presently exists; and,
•Conservation-Open Space at the terminus of Lyons Creek and the
Welland River.
In addition to these predominant zones, there are small pockets of land
that carry a rural zone. Permitted uses within this classification include
agricultural uses and establishments. Page 31 of 60Page 163 of 435
Land Use Compatibility-Wastewater Treatment Plant 26
Figure 8: Land Use Compatibility and Wastewater Treatment Facility
In order to accommodate the forecast growth across the Region, a number of upgrades to regional infrastructure were identified through the Region’s comprehensive
growth management work, specifically the Master Servicing Plan. This work identified that a new Wastewater Treatment Plant (WWTP) would need to be constructed to
service the anticipated growth in the South Niagara Falls and the surrounding wastewater systems in Thorold and Welland. A Class Environmental Assessment (Class EA)
process was initiated by the Region to determine the preferred location for the new WWTP in 2019. The Class EA was completed in 2022, with the confirmed location being
in the Grassy Brook Area (Figure 8).
The WWTP is considered a major facility under provincial definitions. Such facilities are required to be planned to avoid or minimize and mitigate potential adverse effects
from odour, noise and other contaminants, minimize risk to public health and safety, and to ensure the long-term operational and economic viability of major facilities.
In Phase 2 of the project, a land use compatibility
assessment will be completed. This will require
confirmation by the Region of the precise building
footprint for the WWTP.
This assessment will be informed by the overarching
acts, policies, regulations, and guidelines which relate
to land use compatibility for noise, vibration, odour,
dust, and general air quality contaminants.
The outcomes of the assessment will allow the project
team to determine appropriate locations for non-
employment land use designations within the
Secondary Plan area to protect the long-term viability
of the WWTP and mitigate impacts on sensitive land
uses. It will also inform the development of a policy
framework in the Secondary Plan for the completion
of detailed Land Use Compatibility Assessments that
will need to be completed by development
proponents and submitted required to be submitted
as part of a development proposal.Page 32 of 60Page 164 of 435
Active Development Application 27
Figure 9: Active Development Applications
There is an active development application submitted by a private landowner for lands located within the
Secondary Plan area (Figure 9). The development application consists of an Official Plan Amendment (OPA), which
proposes to re-designate the lands; and, a Zoning By-law Amendment (ZBA) to re-zone the lands to permit urban
residential and commercial uses. These amendments would facilitate a mixed-use development consisting of 1,344
residential units, a commercial block, and blocks for parkland and trails, environmental protection and stormwater
management. The City and the applicant held open house meetings to obtain public input on the applications as
part of the Planning Act process for the development application. The Secondary Plan process will not provide
specific recommendations to Council regarding approvals on active development applications.
The Secondary Plan will establish the framework
under which planning staff can assess future
development applications in the area to ensure
that development proposals are in alignment
with the long-term vision for Grassy Brook.
Understanding developer interests and long-term
development aspirations of landowners is
important. The work plan for the Secondary Plan
project includes opportunities for targeted
interviews with landowners that will be used as
one piece of input into the development of land
use options in Phase 2 of the project.
The Secondary Plan process allows an
opportunity to consider how best to balance
private landowner interests and development
intents with other elements including:
•The established vision, goals and objectives for
the Secondary Plan;
•The technical findings and recommendations
of the subwatershed study and archeological
study; and,
•Planning principles, policies, and regulations
that cannot change and must be taken as
givens (for example, environmental mapping,
regionally designated employment areas, and
land use compatibility). Page 33 of 60Page 165 of 435
Urban Design: Mobility and Connectivity 28
There is a small trail network within the Baden-Powell
Park / Welland River East Wetland Complex, in the
northwest corner of the study area. The study area also
has two standalone trails: one trail extends south from
Chippawa Parkway (immediately north of study area) and
along Stanley Avenue, which stops roughly halfway
between Chippawa Parkway and Lyons Creek Road. The
other trail extends southwest along Lyons Creek Road,
which stops roughly halfway between the intersections of
(1) Lyons Creek Road and the study area boundary and (2)
Lyons Creek Road and Stanley Avenue.
At present, the trail network is not extensive, and it is
disconnected (i.e., broken/discontinuous). To allow
pedestrians to permeate the study area without having to
rely on sidewalks along public roads, the Secondary Plan
should consider incorporating a trail network that
provides connecting trails that would link to the existing
trails in the surrounding area (Figure 10).
There is an opportunity to establish a more extensive,
accessible active transportation (AT) network to connect
the study area’s existing trails, and this network could
include multi-use trails along Lyons Creek and Welland
River. Pedestrian connections/pathways could be
appropriately located and adequately dispersed to
connect land uses to the potential future AT network.
Further, as new roadways are developed to facilitate
vehicular movement in the area, sidewalks (on both sides
of the road, where appropriate) could be implemented to
connect to the wider AT network.
With respect to vehicular mobility and connectivity, there is a north-south connection across Welland River
(Stanley Avenue), as well as an east-west connection (Lyons Creek Road). Queen Elizabeth Way (QEW) also
runs along the western edge of the study area.
Given the extent of the Provincially Significant Wetlands (PSWs) in the study area, there are minimal
opportunities to create more east-west vehicular connections. The completion of the Subwatershed Study will
provide the project team with additional details as to how to best foster connectivity. With road allowances
already in place, there is an opportunity to establish more north-south vehicular connections to surrounding
neighbourhoods outside of the study area. The proximity of the study area to the QEW also offers an
opportunity for its new roadways to facilitate the movement of goods and services to surrounding
neighbourhoods and the Region as a whole to support employment opportunities and economic
development. These new roadways could be designed using a Complete Streets approach, where multimodal
travel would be encouraged, and where placemaking may be fostered to support pedestrian activity in the
public realm.
Figure 10:
Mobility and
Connectivity
Page 34 of 60Page 166 of 435
Urban Design: Built Form 29
Figure 11: Built Form
With respect to built form, buildings are unevenly dispersed in different locations within the study area. There are buildings along the north side of Reixinger Road, and low
density residential buildings are concentrated along Lyons Creek Road. There are some buildings (including a place of worship) on Stanley Avenue near Welland River, and there
is a concentration of buildings associated with the Niagara Boating Club in the northeast corner of the study area. It is expected that these uses will change over time, and that
new development will occur in accordance with the vision, goals, and policies of the future Grassy Brook Secondary Plan.
At present, the urban design policies in the City’s Official Plan do not promote designing built form to respond to the local heritage context. There is, therefore, an opportunity
to refine these policies at the Secondary Plan level to introduce context-sensitive urban design policies and guidelines for Grassy Brook that will encourage developers to speak
to local heritage and history through built form and site design (the City may also want to consider incorporating this on a City-wide basis, as part of the development of a New
Official Plan in the future).
Within the context of Grassy Brook, urban
design policies and guidelines could
encourage or require developers of lands
along Welland River and Lyons Creek to
establish a direct relationship between their
proposed developments and the river
(Figure 11). There is an opportunity for
urban design policies and guidelines that
encourage the built form elements
(orientation, scale, massing, etc.) of urban
design to respond to all natural / geographic
features within the study area. For example:
rear or front façades should face the
watercourse and use materials that do not
compromise views from the interior of the
building; and buildings should be oriented to
align with the natural topography of the
land, where feasible, while helping to
maintain sightlines to the watercourse from
the public realm.Page 35 of 60Page 167 of 435
Urban Design: Natural Heritage, Parks, Open Space, and Recreation 30
With respect to environmental lands1, the study area has no Areas
of Natural and Scientific Interest (ANSI), but 230.6 ha (46.6%) of
the 494.4-ha study area consists of lands that should be conserved
or protected, including Significant Woodlands, Provincially
Significant Wetlands, and various other environmental features
that are to be identified through the environmental studies of the
GBSP. These environmental lands are scattered throughout,
however the Lyons Creek Wetland Complex, in combination with
existing environmental conservation and protection areas,
respectively, occupies a large portion of the centre of the study
area. Environmental conservation areas, while scattered
throughout the study area, occupy the entire coastlines of both
the Welland River and Lyons Creek (Figure 12).
With respect to parks and recreation, the Oaklands Golf Club
occupies the eastern third of the study area, and the Niagara
Boating Club is at its northeast tip. There is also one major park
(Baden-Powell Park) within the Welland River East Wetland
Complex at the northwest corner of the study area, which has an
existing trail network within it.
As development or site alteration is not permitted as of right in
Provincially Significant Wetlands or other existing environmental
protection areas, setback requirements would be impacted for
new developments that would abut these environmental lands.
The City does permit small scale, passive recreational uses and
accessory uses (e.g., trails, boardwalks, footbridges, fences, docks,
picnic facilities) on these lands, so long as they do not interfere
with the natural heritage features or their functions. There is,
therefore, an opportunity to establish low-impact, passive
recreational uses on environmental lands within the study area,
which could be equipped with pedestrian amenities to support
them (i.e., pedestrian-scaled lighting, benches, waste receptacles).
1. It is important to note that the total area and distribution of environmental lands are preliminary and based on
existing mapping; these lands are subject to change, as a result of this project’s Subwatershed Study.
With respect to active recreational opportunities, a development application is in progress for land
immediately west of Stanley Avenue and Oaklands Golf Club, and two parks are included in the
concept plan for the proposed development. As the development is anticipated to support single-
and multi-unit residential uses, urban design guidelines could be drafted to ensure that future
residents and visitors to this area feel comfortable and safe in using its publicly accessible parks and
open spaces. For example, design guidelines could: (1) encourage a transition in built form (e.g.,
though setbacks and step-backs), to help mitigate shadowing on open spaces; (2) promote the
inclusion of trails and pathways that would connect to the wider AT network; and (3) encourage the
natural / passive surveillance of parks, open spaces, and trails, through built form design (e.g.,
designing windows, porches, decks, balconies, etc. to allow residents to have “eyes on the park”).
Figure 12:
Heritage,
Parks, Open
Space, and
Recreation
Page 36 of 60Page 168 of 435
Urban Design: Cultural Heritage 31
Figure 13: Cultural Heritage
With respect to cultural heritage, there are no tourism districts within the study area boundary, and properties that are listed or designated under the Ontario Heritage Act will be
confirmed through the Cultural Heritage Assessment Report. The area does, however, have two watercourses (Welland River; Lyons Creek) that are physical features of the local
indigenous heritage context (Figure 13).
A municipal program may also be created to encourage joint partnerships with the private sector in displaying public art that responds to the local heritage history. Such public
art could be installed on specific properties along the Welland River, in key locations that may be within view of future trails, pathways, or accessible open spaces along a
watercourse.
There is an opportunity to prepare heritage
design guidelines that would help developers,
particularly those who may develop properties
along Welland River or Lyons Creek, to design
built form in a way that adequately responds
to the local history of the area. Further, while
archaeological studies may already be listed as
a required study for a site plan application,
there is an opportunity to incorporate the
findings of these studies into a set of heritage
design guidelines that would be applicable to
those who wish to develop properties along
these watercourses; an archaeological study
may uncover historical remnants of Indigenous
communities who had originally lived off of
this land, and these remnants or artifacts may
be helpful in informing area-specific heritage
design guidelines. Page 37 of 60Page 169 of 435
Transportation: Existing Conditions 32
Figure 14: Existing Roadway Classification
With respect to existing road network
and roadway classifications within the
Grassy Brook Area, there are only a few
existing roadways. There are two
Regional arterial roads, Lyons Creek
Road / Regional Road 47 which runs
east/west and connects the study area
to the QEW and Stanley Avenue /
Regional Road 102 which runs
north/south and connects the study
area to the Niagara Falls. The Grassy
Brook Area also contains two collector
roads (Reixinger Road and Dell Road)
which provide connections to the
arterial road network for the handful of
existing businesses and residents
(Figure 14).Page 38 of 60Page 170 of 435
Transportation: Existing Conditions 33
Figure 15: Active Transportation
With respect to existing active transportation network within the Grassy Brook Area, there are only a few existing active transportation facilities (Figure 15). There is a
recreation trail within Baden-Powell (Grassy Brook) Park and both regional arterial roads, (Lyons Creek Road / Regional Road 47 and Stanley Avenue / Regional Road 102) have
paved shoulders.
While the Grassy Brook Area is
currently far from suburban Niagara
Falls, which will result in longer trip
distances in the shorter-term, the
future growth will allow for the
expansion of the existing active
transportation network. Planning
processes should consider policy
tools to encourage the development
of All Ages and Abilities (AAA)
facilities and introduce active
transportation connections to
existing trails in Baden-Powell
(Grassy Brook) Park and along the
Welland River (George Bukator Park)Page 39 of 60Page 171 of 435
Transportation: Existing Conditions 34
Figure 16: Existing Transit
With respect to existing transit
network within the Grassy Brook
Area, there is no existing transit
service (Figure 16). However,
there is local and regional transit
service within close proximity of
Grassy Brook that is servicing
Chippawa and the industrial
commercial area off Stanley
Avenue just north of the Welland
River.
While the Grassy Brook Area is
currently far from suburban
Niagara Falls, which will result in
longer trip distances in the
shorter-term, the future growth
will allow for the expansion of
the existing local and Regional
transit networks over time.
Improvements to Montrose Road
and Lyon's Creek/QEW
interchange are expected to be
constructed in 2023 and 2024.Page 40 of 60Page 172 of 435
Transportation: Niagara Falls Transportation Master Plan 35
As part of the forthcoming Niagara Falls Transportation Master Plan (TMP) the Regional travel demand model will be
updated. The Grassy Brook Secondary Plan will inform / be used as an input into the City’s TMP. The TMP has a firm
completion deadline of October 2023, as the recommended infrastructure plan is required for the City’s Development
Charges (DC) Review.
Dillon will provide Secondary Plan Area land use and network alternatives for the Region to use in the model. The
Region will then provide model assignment metrics as required for the Grassy Brook Secondary Plan study. It is
currently anticipated that the model tasks for the TMP Update would take place in late spring-early summer 2023.
Niagara Falls
Transportation Master Plan
A Transportation Master Plan is a
comprehensive strategic planning
document that defines policies, programs
and infrastructure improvements required
to address transportation and growth
needs from today through to 2051.
The Transportation Master Plan provides a
strategic vision for transportation in
Niagara and ensures that future
transportation needs are addressed
through:
-Pedestrian and cycling facilities;
-Demand-responsive and conventional
transit; and
-Integrated network of roads and highways
for the movement of people and goods.
The Transportation Master Plan highlights
key recommendations and supporting
actions to meet the long-term
transportation vision.Page 41 of 60Page 173 of 435
Infrastructure-Existing Conditions 36
Figure 17: Sanitary Servicing
Existing Wastewater System
(Figure 17)
There is currently no wastewater
servicing in the Study Area.
Sanitary infrastructure is available
adjacent to the study area as
shown on the Existing
Infrastructure Map. Flows from the
adjacent gravity sewers are
conveyed to pumping stations and
ultimately to the existing Niagara
Falls WWTP, through a pressurized
system along Montrose Road and
Stanley Avenue.Page 42 of 60Page 174 of 435
Infrastructure-Existing Conditions 37
Figure 18: Water Servicing
Existing Water System (Figure 18)
The Study Area has partial water servicing.
A 300mm PVC watermain installed
between 2009 and 2010 supplies Stanley
Ave (from Lyon’s Creek Rd. to Chippawa
Parkway) and Lyons Creek Rd. (East of
Stanley Avenue). Adjacent water
infrastructure on Montrose Road is shown
in the Existing Infrastructure Map.
The City recently completed a new
watermain from Stanley Ave to the new
South Niagara Hospital as a required
second feed. Although not shown on this
map, it is understood that the City recently
completed a new watermain from Stanley
to the new South Niagara Hospital as a
required second feed. The consultant team
will ensure this information is incorporated
into future phases of this study, including
the Phasing Strategy, as appropriate.Page 43 of 60Page 175 of 435
Infrastructure-Water and Wastewater Master Servicing Plan 38
Figure 19:
Niagara
Falls Water
Systems
2016 Water and
Wastewater Master
Servicing Plan Final
Report, V3 –Figure
3.C.13 (May 2017)
Figure 20:
Niagara
Falls Water
Systems
2016 Water and
Wastewater Master
Servicing Plan Final
Report, V4 –Figure
4.F.6 (June 2017)
2016 Master Servicing Plan (MSP)
In 2016, a MSP exercise was undertaken to look at servicing planned growth to 2041 planning horizon. This study identified important deficiencies and improvement
opportunities upgrades that will directly impact the Grassy Brook Secondary Plan (GBSP) area. Key deficiencies are:
•Niagara Falls WWTP does not have capacity to meet growth demands and the increased wet weather flows
•Niagara Falls WTP has rated capacity to accommodate flows beyond the projected 2041 demand. However, the existing storage capacity is inferior to projected 2041
demand.
The MSP improvement recommendations resulted in recommendations for infrastructure upgrades (detailed in the next slides), which should address these and other
infrastructure deficiencies in the GBSP area.
2021 Water and Wastewater Master Servicing Plan Update (MSPU)
The Region is currently working to update the 2016 MSP to identify and evaluate servicing options to support growth beyond the initial horizon, up to 2051. The update
should assess the Niagara Falls Water Treatment Plant’s capacity for growth beyond 2041, and tailor our understanding of the system’s needs for the GBSP area. A 2021
Reserve Capacity Report was published in the MSPU’s webpage in April 2022, preliminary results continue to support the South Niagara Wastewater Study recommended
upgrades.
The MSPU will host its second Public Information Centre (PIC) on January 18, 2023, completion is expected in Quarter 2 2023. Page 44 of 60Page 176 of 435
Infrastructure -2016 MSP Preferred Water Strategy 39
Figure 21: 2016 MSP Preferred Water Strategy
2016 Water and Wastewater Master Servicing Plan Final Report –Figure 1.6 (June 2017)
2016 MSP Preferred Water Strategy
The recommended system upgrades in and around the
Study Area, which will support development in Niagara
Falls, are shown in the figure to the left and summarized
below:
•Recommended new South Niagara Falls Elevated Tank
(W-S-004)
•Recommended decommission of the Lundy’s Lane Tank
(W-D-004)
•Recommended new 400mm trunk main providing
additional supply to new growth areas, including Grassy
Brook (W-M-010).
Key Requirements
The following key requirements have been identified to
support new growth:
•System repairs may be required to ensure adequate
pressure
•Any new roads (from new developments) will require
local services to be extended
•Minor connections for water services may be required
to accommodate infilling and intensification
Page 45 of 60Page 177 of 435
South Niagara Wastewater Study "Validated Class EA Preferred Layouts“ 40
Figure 22: South Niagara Falls Wastewater Solutions “Validated Class EA Preferred Layouts”
South Niagara Falls Wastewater Solutions –
Municipal Schedule ‘C’ Class Environmental
Assessment, Public Information Centres (PIC)
Number 4 (pages 27 and 32) Feb 9th to 23rd, 2022.
South Niagara Falls Wastewater Solutions Story Map
-Study Overview: Growth and Flow Projections.
Available at:
https://storymaps.arcgis.com/stories/24e060ae0665
4906b83c76fb07803235
South Niagara Falls Wastewater Solutions Class Environmental Assessment
The 2016 MSP recommended the construction of a new Wastewater Treatment Plant (WWTP) to
accommodate the significant growth identified for South Niagara Falls and to provide the greatest
flexibility and support for long-term servicing and benefit to the Niagara Falls and surrounding
systems. The Environmental Assessment (EA) process to determine the location for the WWTP
began in 2019. The EA was ultimately completed in 2022, with the location of the WWTP
confirmed to be in the Grassy Brook Area. The New South Niagara Falls WWTP will have capacity
to accommodate flows from projected growth up to 2041 and allow for future expansion to
accommodate post 2041 growth. The new Montrose Road Deep Trunk Sewer will convey flows to
the new WWTP by gravity. This will provide increased capacity for the pumping station in the
south area. New trunk sewers and local collection systems will service these growth areas (e.g.
Reixinger Road; Lyons Creek Road (from Dell Drive to Stanley Avenue); Stanley Avenue (from
Lyon’s Creek Road to Chippawa Parkway); Any new roads (from new developments). Minor
connections for sanitary sewer services may be required to accommodate infilling and
intensification.Page 46 of 60Page 178 of 435
Environment-Subwatershed Study for Grassy Brook 41
In Ontario, Subwatershed Planning is directed by the Provincial Policy Statement, which emphasizes using the watershed as the ecologically meaningful scale for integrated and
long-term planning. This Subwatershed Study will focus on environment features and processes including aquatic and terrestrial ecology, natural hazards, water quality and
hydrologic processes. Components of the Subwatershed Study are identified on the figure below.
Phase 1 Existing Conditions Report
•Development constraints associated with Natural Heritage System and Natural Hazards
•Identification of Key Issues and Opportunities
Phase 2
Subwatershed Analysis & Mitigation Strategy Report
•Development and Climate Change Impact Analysis
•Identification of Management Strategies including development of stormwater and natural heritage targets, and design criteria for
the future land use scenario
Phase 3
Subwatershed Master Plan EA Report
•Evaluation of Management Strategies
•Identification of Recommended Subwatershed Strategy
•Implementation and Monitoring Recommendations
•Conceptual Stormwater Designs and Costing Page 47 of 60Page 179 of 435
Environment-Natural Heritage 42
Figure 23: Natural Heritage
Natural Heritage
System
From background sources,
the study area contains a
Provincially Significant
Wetland, Species at
Risk/significant species
habitat, woodlands,
watercourses/fish habitat.
Field investigations will be
conducted (spring-fall 2023)
to confirm boundaries,
investigate potential
additions to the NHS as
needed, and gather data to
inform future land use
planning and address high-
level ecological impacts.
Prior site-specific data (e.g.,
South Niagara Falls
Wastewater Solutions study
results) will be incorporated
where available.Page 48 of 60Page 180 of 435
Environment-Floodplain and Erosion Hazard Assessment 43
Figure 24: Floodplain and Erosion Hazard Assessment
Regulated Floodline Assessment:
The assessment will involve the development of a single
HEC-RAS model for the downstream section of Grassy
Brook Creek (from upstream QEW to Welland River
junction). The project team will be using Ontario LiDAR-
Derived DTM (2021). The field survey exercise will include:
•QEW crossing structures (invert/obvert elevations, and
dimensions).
•Bounding cross-sections at each crossing structure, two
upstream and two downstream.
•Representative cross-sections to define low flow channel
geometry/elevations at specific locations.
Erosion Hazards:
•A stable slope analysis of Grassy Brook Creek (QEW to
Welland River) and Welland River (Boreholes) will be
completed.
•The project team will conduct a Desktop Stable slope
analysis of Lyons Creek and parts of Lyons Creek
Tributary.
•Meander Belt is required to define developable limits of
parts of Lyons creek and its tributary.
•Erosion offset may be required for channelized
watercourses within the study area.
•Fieldwork to commence in late May to June
2023.Page 49 of 60Page 181 of 435
Environment: Surface Drainage & Water Quality 44
Figure 25: Drainage and Water Quality
NPCA Regional Water
Quality Monitoring
Station
Surface Drainage:
•Existing mapping of Watercourses for Stream Network
provided by NPCA, including roadside ditches, drains
and open channels.
•Headwater Drainage Features (HDFs) identified using
ArcHydro.
•To be verified in-situ, along with the Stream
Network mapping following OSAP and
TRCA/CVC protocol
•Visit 1: Spring Freshet (March-April)
•Visit 2: April –May
•Visit 3: August –September
Stream Monitoring:
•Proposed monitoring sites shown to build on existing
information including consistent parameters, includes:
•2 dry and 4 wet samples
•Continuous water level and temperature
•5 discrete flow sample events
•Benthic and fish communities
Note: NPCA monitoring stations within (2) and external (1) to study area may be integrated into stream monitoring program. These are not shown on this map.Page 50 of 60Page 182 of 435
Environment: Preliminary Constraints to be refined through Phase 1 Analysis 45
Figure 26: Environment & Preliminary Constraints
DRAFT
Note: Constraints include NHS features as identified in the Niagara Region Official Plan, MNRF Wetland Mapping and/or local studies (EAs and EIS) as well as Natural Hazards as
identified in NPCA mapping. Constraints to be refined via Phase 1 Analysis. Page 51 of 60Page 183 of 435
Cultural Heritage and Archaeology 46
A Cultural Heritage Assessment Report (CHAR) is being undertaken for the Grassy Brook
Area. A CHAR outlines the existing identified cultural heritage resources including
properties recognized under the Ontario Heritage Act and listed under other formal and
informal recognition processes A CHAR also involves an on-site survey to identify any
potential cultural heritage resources within the study area.
The next steps in the study with respect to the CHAR include reaching out to the
municipality, completing background research and undertaking a field survey. Page 52 of 60Page 184 of 435
Cultural Heritage and Archaeology 47
A Stage 1 Archaeological Assessment is being undertaken as part of the
Grassy Brook Secondary Plan. A Stage 1 Archaeological Assessment
involves background research and on-site survey to identify any areas
of archaeological potential.
Preliminary analysis of the subject lands indicates that the project area
would have the potential for archaeological resources in its pristine
state. Local indicators of archaeological potential include proximity to
known archaeological sites, water sources, historic settlements and
historic transportation routes.
Specifically, the study area contains 10 registered archaeological sites
and is within 1 kilometre (km) of a further 81 registered archaeological
sites. The study area is directly adjacent to the Welland River and
Lyon’s Creek and is traversed by the Welland River East Wetland.
Historic mapping indicates that the study area is traversed by multiple
historically surveyed roadways and encompasses multiple historic
settlements.
Next steps include completing background research and undertaking a
field survey. Due the constraints for appropriate conditions, the Stage 1
field survey will be undertaken in the Spring of 2023. Page 53 of 60Page 185 of 435
4.Opportunities and
Constraints to
Growth
48
Page 54 of 60Page 186 of 435
Factors that Cannot Change and other Considerations 49
Figure 27: Factors that cannot change and other considerations
Based on the factors that the project team know cannot change, and the existing surrounding conditions, the
development of land uses concepts should factor in the following:
•Land use compatibility;
•Strengthening and developing connections, integrations and synergies with the Montrose Road Industrial Area,
Dorchester Road Employment Area and Stanley Avenue Business Park;
•Developing connections, integrations and synergies with the Grand Niagara Secondary Plan Area and Future
Regional Hospital.
Additional preliminary opportunities and constraints are identified on the graphics on the following pages.
Based on Provincial policies, legislation and
guidelines; and, Regional policies, the following
factors are considered as givens as part of the
Secondary Planning process and are not subject
to change:
•The delineated boundary of the Dynamic
Employment Area as set out in the
Provincially Approved new Region of Niagara
Official Plan
•Employment density targets established by
the Region for the Dynamic Employment Area
•Greenfield density targets within portions of
the Secondary Plan area that are identified as
Greenfield Areas in the local and Regional
Official Plans
•Intensification targets within portions of the
Secondary Plan area that are identified as
Built Up Areas in the local and Regional
Official Plans
•The location of the South Niagara Falls
Wastewater Treatment Plants
•While not shown graphically on this map, the
location and buffers from environmental
features, once confirmed and delineated
more precisely through the subwatershed
study, are not subject to changePage 55 of 60Page 187 of 435
Preliminary Opportunities to accommodate growth 50
12
3
4
5
6
1.Area along river will be subject to
heritage design guidelines and
public art requirements
2.Opportunity to work with
community and stakeholders to
identify a recreational node and
enhance existing spaces and
linkages through urban design
3.Opportunity to create a policy
framework to guide the design and
development of the new
employment area with visibility off
of major motorways
4.Opportunity to introduce a
gateway to the area from the
highway
5.Opportunity to expand the existing
local or regional transit service
within close proximity
6.Direct access to the QEW and two
arterial roads, enough space to
introduce new collector road
networkPage 56 of 60Page 188 of 435
Preliminary Opportunities to accommodate growth 51
7
8
9
10
11
7.Potential infill opportunities within
existing village residential area
8.Opportunity to work with
landowners and broader
community to establish a
framework for a residential and
mixed use community that include
a range and mix of housing types
and tenures, local commercial uses,
open spaces and trails to support
complete communities and
enhance connections to
surrounding existing uses
9.Potential for the existing boating
club to function as a gateway and
recreational area
10.Opportunity to work with design
team to create policies to protect
sight lines
11.Opportunity to introduce a multi-
use trail network along the Welland
River and Lyons Creek shorelines Page 57 of 60Page 189 of 435
Preliminary constraints to growth 52
1
2
3
4
5
67
1.Existing natural heritage area
requires buffers for any new
development and subject to
environmental assessment
2.Outcomes of cultural heritage and
archaeological studies will determine
limit of developable area
3.Interchange ramps at QEW and Lyons
Creek are unsignalized
4.Lands identified as an MTO Permit
Area -additional consultation will be
required for development
5.Developable area limits subject to
outcomes of Subwatershed Study
6.No existing sanitary servicing, will
need to identify servicing strategy to
connect with adjacent lands
7.Limited control in timing/ desire of
private landowners with existing
established uses to redevelop in line
with secondary plan designations/
policies Page 58 of 60Page 190 of 435
5.Next Steps
53
Page 59 of 60Page 191 of 435
Next Steps 54
Phase 1
Project Commencement and
Background Review
Start project and
conduct
background
technical
research
Analyze
opportunities
and constraints
Engage with
residents and
stakeholders
Present Phase 1
findings to
Council
Phase 2
Land Use Options
Work with
technical team,
residents and
stakeholders to
develop vision,
goals, key
guiding
principles and
explore potential
land use options
COMING UP
NEXT
Present land use
options to
residents and
stakeholders
Evaluate land
use options and
alternatives
Determine
preferred land
use option and
present Phase 2
findings to
Council
Phase 3
Secondary Plan
Development
Prepare Draft
Secondary Plan
and obtain input
from residents and
stakeholders
Present Draft
Secondary Plan to
Council (Statutory
Public Meeting)
Present Final
Secondary Plan to
Council (Adoption
Meeting)
Following publication and release of this document for public input, the project team will conduct further engagement with sta keholders and the public, and present the
findings to council. Following Council’s endorsement of the Phase 1 findings, the project team will proceed into Phase 2 and complete the necessary technical work to develop
preliminary land use options; and, work with the community to establish the vision, goals and guiding principles to inform the Secondary Plan framework. Once the team
obtains feedback on the preliminary options, further analysis will be completed to determine the preferred option and recommendation report to be presented to Council for
endorsement to close out Phase 2. Phase 3 will then begin with the preparation of a draft Secondary Plan and associated community consultation; and, will conclude with the
presentation of the final Secondary Plan for Council’s approval.Page 60 of 60Page 192 of 435
Grassy Brook
Secondary Plan
Phase 1 Update to Council
May 30, 2023
Page 193 of 435
Agenda
1.Welcome and Introductions
2.Project Overview
3.Next Steps
Page 194 of 435
Project Overview
Page 195 of 435
How Did We Get Here?
●Grassy Brook is one of the City’s
last unplanned, unserviced
Designated Greenfield Areas
●The area has been identified as
an area of change to support
growth and development
●Council has approved the
creation of a secondary plan for
Grassy Brook to proactively and
effectively manage growth Page 196 of 435
Matters of Provincial Interest
Region and
Municipality-Wide
Vision
Area Specific Plans
Land Use Planning System
Growth Plan, Planning Act
and Provincial Policy
Statement
Niagara Official Plan and
City of Niagara Falls Official
Plan
Grassy Brook
Secondary Plan
Zoning By-Law
Site
Specific
Page 197 of 435
What is a Secondary
Plan?
●Vision, goals and objectives
●Land use and urban design
●Transportation and infrastructure
●Environmental Protection and
enhancements
●Public participation
●Support the creation of a
complete community
1. Vision, Goals/Objectives
2. Land Use
3. Transportation and
infrastructure
4. Urban Design
5. Environmental Protection
and EnhancementsPage 198 of 435
Grassy Brook
Secondary Plan
●The Grassy Brook of the future will look different than it
does today. It will become urbanized over time.
●The Grassy Brook area will need to be planned to
support a range and mix of employment, commercial,
residential, recreational and open space uses
●A secondary plan for Grassy Brook is necessary to
answer questions like:
●What are the existing natural heritage conditions in the
area?
●What environmental features need to be protected and
how can they be protexted?
●How will Grassy Brook fit within the existing and planned
development context of the City?
●What is the most appropriate layout and land use pattern
for the area to support complete communities?
●How can matters of land use compatibility be managed?
●Technical studies will be completed as inputs into the
development of the Secondary Plan
●Urban Design Guidelines
●Archaeological Assessment
●Cultural Heritage Evaluation Review
●Transportation and Infrastructure Study
●Land Use Compatibility Analysis
●Planning Justification Report/ Policy Assessment
●Fiscal Impact AssessmentPage 199 of 435
Project Process
WE ARE
HEREPage 200 of 435
What the Secondary Plan can and can’t do
There are some factors that the
Secondary Plan cannot influence
or change:
●The location of Designated
Employment Area zone
●The location of the future
Wastewater Treatment Plant,
●The location of the future
hospital
●Pre-determined residential and
employment density targets
There are some factors that the
Secondary Plan can influence or
change:
●Identify and protect
environmental features
●Provide detailed land use and
urban design for future
development that addresses
land use compatibility
●Address infrastructure capacity
and transportation needs Page 201 of 435
The Secondary Plan must consider the policy and
regulatory framework set out by all levels of
government
Page 202 of 435
Planning for Growth
●Niagara Falls is positioned to
receive a significant amount of new
growth by 2051
●This will represent 20% of the
Niagara Region’s overall
population growth and 21% of the
Region’s overall employment
growth
The Grassy Brook Secondary Plan will
need to be planned to accommodate a
portion of this growth, as well as achieve
a number of growth targets established
for the area Page 203 of 435
Planning Targets •The assigned minimum
number of units City of
Niagara Falls’ Built up
Areas must
accommodate is 10,100 -
some of these units will
need to be
accommodated in the
Grassy Brook Area (dark
purple).
•The creation of new
housing in the
Designated Greenfield
Area (light purple, no
hatching) will need to
achieve a density target
of 50 residents and jobs.
•Employment areas
(purple hatching) are to
be protected for
employment uses over
the long term. Specific
targets for job creation
are also required to be
met.
50 residents and
jobs per hectare
Accommodate
growth through
intensification at
a rate of 50%
20 jobs per
hectare
Page 204 of 435
Land Use Changes are Required to Meet Targets
•New wastewater
treatment plant
•Provide prestige
industrial uses
•New residential and
commercial uses
•Opportunities for
locally serving
commercial uses to
support future
residents
•Existing uses, such
as the boating club
will remain, to
continue to provide
access to the
surrounding water
networkPage 205 of 435
Environmental Constraints will be Mapped and
Protected through the Planning Process •Preserving natural
heritage is a critical
input to be considered
in the development of
land use concepts to
guide growth and
development in this
area
•There are some
environmental
constraints on site
•Environmental
constraints will be
refined through the
fieldwork component
of the study
•Visit 1: Spring Freshet
(March-April 2023)
•Visit 2: April-May 2023
•Visit 3: August-
September 2023Page 206 of 435
Opportunities and Constraints
Opportunities
●Heritage design guidelines and public
art along river
●Include a complete community with a
mix of housing types, local commercial,
open spaces and trails
●Expand local / regional transit service
●Gateway to community for the
highway
●Design and develop new employment
areas
●Enhance area through urban design
●New recreational areas
Constraints
●Existing natural heritage areas require
protections or buffers
●Outcomes of cultural heritage and
archaeological studies will determine
the developable area
●Developable area limits subject to
outcomes of a Subwatershed Study
●No existing sanitary servicing
●Limited control in timing and desire of
private landowners
●Existing uses Page 207 of 435
Project Engagement and
What we’ve heard so far
●Technical Advisory
Committee
(February 22, 2023)
●Community Focus
Group (April 5,
2023)
●Public Open House
(April 13th, 2023)
●Let’s Talk Page
(ongoing)Page 208 of 435
Next Steps
Page 209 of 435
Next Steps
●Targeted landowner interviews
●Phase 2 to commence late spring/
early summer 2023
●Future engagement opportunities
through the Let’s Talk page
●Future engagement opportunities in-
person
Phase
2
Explore Land Use Options
(late spring 2023 to
Summer 2024)
●Work together to develop
goals, guiding principles and
explore land use
options/alternatives
●Present options to residents
and stakeholders
●Determine preferred land use
options Page 210 of 435
Thank you!Page 211 of 435
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
May 29, 2023
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: 9015 Stanley Avenue
2610832 Ontario Inc.
City of Niagara Falls City Council Meeting - May 30, 2023
GRASSY BROOK SECONDARY PLAN – REPORT PBD-2023-28 – Item 8.1
We represent 2610832 Ontario Inc. (“261”), owner of lands municipally known as 9015 Stanley Avenue,
Niagara Falls (“Subject Lands”). On March 21, 2023, you removed the Subject Lands from the new
Employment Area designation (“The Carving Out”). In reviewing Item 8.1 on your Agenda (Grassy Brook
Secondary Plan - Report PBD-2023-28), we note that The Carving Out has not been carried forward. The
Dillon report, staff report, and presentation continue to show the Subject Lands designated as
Employment Area.
Although it is understood that the materials are referencing the Region of Niagara Official Plan and
Municipal Comprehensive Review, City Council approved removing The Carving Out on March 21st,
2023. Following this, in early April, we understood that the Region of Niagara sent back the adoption
notice and municipal record to the City because the Subject Lands were still designated as Employment
Area. On April 18th, a revised by-law was approved by City Council that removed the Employment Area
designation from the Subject Lands. It was then sent back to the Region.
The Curving Out must be reflected in all materials for the Grassy Brook Secondary Plan. We appreciate
that this matter is now before Regional Council. Notwithstanding, Council’s decision must be reflected
in the materials with a note regarding their status.
Page 212 of 435
Page 2
NANCY SMITH PROFESSIONAL CORPORATION
TURKSTRA MAZZA ASSOCIATES, LAWYERS
The Dillon report continues to show the Subject Lands designated specifically as, “Dynamic Employment
Areas”. This must be corrected. The presentation requires changes as well:
• Pages 15 – Figure 3: Policy Context Niagara Region Official Plan, Employment Areas
• Pages 48 – 52 – Opportunities and Constraints to Growth. Figure 27 and all the base maps
It is noted that Page 27 does acknowledge the development application on the Subject Lands and
existing efforts to establish non-employment uses. It also mentions the importance of “understanding
developer interests and long-term development aspirations of landowners,” and upcoming targeted
interviews with landowners.
Our team has already scheduled an interview on June 5th from 2 p.m. to 3 p.m. and we look forward to
providing our feedback and perspectives on the future land uses and development initiatives of the
Subject Lands. This ongoing dialogue, however, must be premised on material that reflects your
decision-making to date.
It should also be pointed out that the following Secondary Plan open house materials for April 13th did
not reflect The Carving Out:
- Discussion activity: https://letstalk.niagarafalls.ca/35364/widgets/145955/documents/104865
- Presentation: https://letstalk.niagarafalls.ca/35364/widgets/145955/documents/104863
- Boards: https://letstalk.niagarafalls.ca/35364/widgets/145955/documents/104864
It is too late to rectify these past errors. We trust the materials moving forward, however, will reflect
staff’s commitment to implement your decision-making.
Yours truly,
Nancy Smith
ns/ls
Page 213 of 435
Gowling WLG (Canada) LLP
345 King Street West, Suite 600,
Kitchener ON N2G 0C5 Canada
T +1 519 576 6910
F +1 519 576 6030
gowlingwlg.com
Gowling WLG (Canada) LLP is a member of Gowling WLG, an international law firm
which consists of independent and autonomous entities providing services around
the world. Our structure is explained in more detail at gowlingwlg.com/legal.
John Doherty
Direct +1 519 575 7518
Direct Fax +1 519 571 5018
john.doherty@gowlingwlg.com
File no. 02447730
May 29, 2023
Via E-mail (clerk@niagarafalls.ca)
Mayor & Members of Council
City of Niagara Falls
c/o City Clerk
4310 Queen Street
Niagara Falls, ON L2E 6X5
Dear Mayor Diodati and Members of Council:
Re: Phase II Secondary Plan
Our Clients: 1000166632 Ontario Inc. and 1000166643 Ontario Inc.
We are counsel to 1000166632 Ontario Inc., and 1000166643 Ontario Inc. (together, the “Owners”) who
own respectively, 7047 Reixinger Road and 5789 Lyons Creek Road (together the “Properties”), both
of which are located within the Grassy Brook Secondary Plan area (Secondary Plan). The combined
Properties total approximately 80 hectares (198 acres).
Request
Our clients request that Council reject staff’s recommendation to proceed to Phase II of the Secondary
Plan as it is premature given the profound changes to the planning regime for employment areas coming
forward under the new Provincial Policy Statement (“new PPS”) released on April 6, 2023.
Background
As Council is aware, the Owners’ planning team, Better Neighbourhoods Inc. (“BNI”) have been
collaborating extensively with the City of Niagara Falls’ planning division, essentially over the past
decade, to realize mixed-use, including residential development of the Properties in the planning spirit
of “complete communities”.
Below is a recap of some of the Owners’ planning engagement with the Properties, led throughout by
BNI:
1. 2011 to 2013: Preparation of Environmental and Archaeological studies, concept development
and discussions with City staff regarding land use change to mixed use and servicing;
2. February 18, 2021 Meeting: Participation and co-operation in Waste Water Treatment Plant
(WWTP) Site Selection process; discussions with GM BluePlan and the Regional Municipality of
Niagara;
3. February 25, 2021: Comments to GM BluePlan and the Region expressing desire and co-
operation for the WWTP site selection as one of two preferred properties;
Page 214 of 435
Page 2
4. June 18, 2021: City notifies the Owners of an intent to change land use for the Properties;
5. July 12, 2021: Letter from Daniel & Partners LLP to the City regarding the appropriateness of
timing for an OPA and ZBA;
6. September 13, 2021: BNI letter to former planning director Alex Herlovitch regarding employment
designation;
7. November 4, 2021: Pre-consultation meeting (via Zoom) with the Niagara Peninsula
Conservation Authority and City staff;
8. January 10, 2022: BNI provided comments at Open House for 8970 and 9015 Stanley Avenue
Owners (OPA Application to Mixed Use);
9. January 14, 2022: BNI comments on Stanley Avenue application addressing concerns regarding
appropriateness of timing with respect to holistic planning methodology;
10. January 17, 2022: BNI objection letter to City regarding Employment Land Use and argument for
compatibility with WWTP;
11. August 9, 2022: Public Meeting for OPA & ZBA (the Owners) – BNI represented Owners against
staff recommendation and requested deferral;
12. November 2-3, 2022: Applications submitted for OPA and ZBA on the Properties for mixed use;
13. November 4, 2022: Provincial approval of Regional Official Plan;
14. November 9, 2022: Letter from City to BNI regarding notification of OPA application receipt and
deemed incomplete;
15. March 21, 2023: Staff recommendation and Council approval and adoption of OPA 147;
16. April 13, 2023: City Staff and Dillion failed to give notice to BNI and Owners of Dillion’s public
consultation regarding Grassy Brook secondary plan; and
17. April 18, 2023: Council forwards OPA 147 to the Region for final approval.
At the present time, we continue to monitor the Region’s activity and await its formal decision respecting
OPA 147. Council will be aware that the Owners are strongly opposed to OPA 147. If approved, OPA
147 will completely undermine the Owners’ 10-year vision of realizing mixed-use development of the
Properties in conformity with the long-standing governing planning instruments of the Properties prior to
the adoption of OPA 147.
Council will also be aware, as noted above, that the Owners, through BNI, have filed their own complete
redevelopment applications for mixed-use development of the Properties, which were lodged with the
City in advance of Council’s adoption of OPA 147.
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Page 3
While the Owners await the Region’s formal decision on OPA 147 before initiating their next step and
considering its remedies respecting their site-specific development applications which City Planning
Staff have deemed incomplete, the Owners continue to monitor the City’s Secondary Planning exercise
which Council endorsed the commencement of at its meeting held on January 17, 2023.
Secondary Planning of Grassy Brook and the New Provincial Policy Statement (“PPS”)
Respecting the Secondary Planning of Grassy Brook, we have considered Staff Report PBD-2023-28,
which provides a process update to Council and seeks Council’s direction to advance the Secondary
Plan process to Phase II. We have also considered Staff Report PBD-2023-32, the purpose of which is
to inform Council of the new proposed Provincial Policy Statement which Staff correctly note is expected
to be fully in force this Fall 2023. We share the view of City Staff that the new PPS very much represents
a fundamental shift on how growth will be managed by the Province, and particularly in respect of the
municipal planning and management of “employment areas” across Ontario through fundamentally
revised provincial policy direction.
The new PPS is highly instructive to Dillon Consulting’s Secondary Plan work, particularly so in the
context of the planning merit of advancing the process beyond Phase I at this time. A holistic
examination of the Provincial package of new employment area policies (which we respectfully submit
has not been undertaken and fully reported on pursuant to Staff Report PBD-2023-32), reveals that the
composition of employment areas across Ontario will look far different upon the implementation of the
new PPS. We submit that the extent of the Grassy Brook employment area which is currently
under Dillon’s planning lens (and which Dillon is targeting for “Prestige” industrial uses) will, in
policy terms, no longer constitute an employment area upon proclamation of the new PPS. The
new PPS is intending to treat “Prestige” employment lands no longer as areas of employment, but
instead as mixed-use areas where such lands will be mandated for as-of-right mixed-use residential
development approved through the normal planning process.
On this basis alone, we submit that it is premature to advance to a Phase II and a study of land use
options when it is entirely unclear what of the current employment area, by definition, will remain
employment area. And, if in fact some or all of the Grassy Brook employment area falls away as not
constituting, by definition, an area of employment, then the scope of Dillon’s land use planning
assignment will be much different as will the range of land use options targeting this portion of the
Secondary Planning area. This could well have broader land use implications extending to the whole of
the secondary planning area.
In the context of prematurity, we would also point out that the extent of the Grassy Brook employment
area under consideration is beyond the 2051 projected employment needs of the City. This is plainly
evident based on the Region’s final LNA methodology (June, 2022), which concluded that Niagara Falls
has a surplus of employment land to accommodate forecasted growth and that, outside of Welland,
Niagara Falls has the greatest employment area potential within existing areas. The Region’s LNA work
has been corroborated by IBI Group’s independent assessment (September, 2022) which was
undertaken on behalf of the Stanley Road lands and formed a key component of their planning rationale
upon which their lands were ultimately approved by Council for conversion to mixed-used purposes.
Briefly, the emerging provincial lens on planning for areas of employment is to scope them to contain
only those uses that cannot be located in mixed-use areas and require protection, therefore, against
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Page 4
conversion to mixed-use (e.g., heavy industry, manufacturing and large-scale distribution/terminal
warehousing). Because most municipal employment areas, including in Niagara Falls, allow a fairly
broad range of uses including a mix of office, retail-commercial, industrial and prestige industrial,
institutional and warehousing, the new PPS will require all municipalities to undertake an employment
lands conformity exercise encompassing their full inventory of employment areas. Through this process,
cities will have to re-draw or scale back the existing boundaries of all employment areas to encompass
only the boundaries of lands comprising heavier industrial uses, which cannot co-exist with mixed-use
areas. This conformity exercise will be mandated to be undertaken expeditiously, all of which is aimed
at creating an instant supply of shovel-ready mixed-use, including residential land in accordance with
the Minister of Municipal Affairs and Housing’s commitment to deliver more housing, including affordable
housing, more quickly.
In Report PBD-2023-32, City Staff raise concern that the protection of employment areas is being made
weaker by the new PPS and Staff summarize the revised policy tests as potentially allowing conversions
within employment areas. But the policy tests Staff are referring to will apply only to employment areas
based on the new definition (cited below), which again will only include lands containing heavy industry
and which, due to compatibility constraints, are incapable of being located in mixed-use areas. City Staff
appear to have failed to fully grasp that all other lands (i.e., former employment lands) will no longer be
shackled with the current policy requirements for “conversion” and, as noted above, municipalities will
have to facilitate mixed-use development of these areas subject to the normal planning process.
“Employment area: means those areas designated in an official plan for clusters of
business and economic activities including manufacturing, research and development in
connection with manufacturing, warehousing, goods movement, associated retail and
office, and ancillary facilities. Uses that are excluded from employment areas are
institutional and commercial, including retail and office not associated with the primary
employment use listed above.
Dillon notes in its May 30, 2023 Phase 1 Update to Council (slide 8 – What the Secondary Plan can and
can’t do) that the Secondary Plan “cannot influence or change the location of the Designated
Employment Area Zone”. In the face of the new PPS, this is no longer an entirely accurate statement as
the extent of the employment area within the Secondary Plan Zone under Dillon’s study will legislatively,
have to be scaled back. Secondary planning for Grassy Brook is not targeting the area for heavier
industry, which in land use terms is consistent with Council’s recent endorsement of the carve-out of the
8970 and 9015 Stanley Avenue lands. The upshot will be the development of these lands for robust
mixed-use, including residential, located on the doorstep of the current Grassy Brook employment area.
Moreover the new PPS establishes that there is a strong planning basis to similarly carve out our clients’
Properties and to provide for mixed use, including residential development.
Conclusion
Based on the foregoing, we strongly object to City Staff’s recommendation to proceed to Phase II of the
Secondary Plan. Rather, we urge Council to halt the planning process at this time until the Minister has
proclaimed the new PPS. With the release of the new PPS on April 6, 2023, there is now significant
policy uncertainty respecting the land use planning of employment lands, particularly new greenfield
employment lands. The new PPS has imposed a policy vacuum which effectively prohibits the rationale
planning of employment areas, rendering such exercises premature until the new PPS is final. It is our
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Page 5
respectful submission that to advance Phase II of the Secondary Plan at this time, and the focused study
of land use options that will entail, would be premature, contrary to sound land use planning and not in
the public interest.
Yours very truly,
Gowling WLG (Canada) LLP
John Doherty
JSD:hp
cc: Client
Daniel Romanko - Better Neighbourhoods Inc.
56971497\1
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CAO-2023-02
Report
Report to: Mayor and Council
Date: May 30, 2023
Title:
Update and Clarification on Bed and Breakfasts By-laws and
Short Term Rental Use
Recommendation(s)
1. That Council RECEIVE this report for information.
2. That Council DIRECT staff to consider and report back on the necessary by-law and
licensing changes to the bed and breakfast by-law to permit owner occupied short-term
rental units in residential areas of the City.
Executive Summary
Council previously provided direction to limit licensed vacation rental units (VRU's) to
tourist commercial areas only and permit licensed bed and breakfasts (B&B's) within
various commercial and residential zoned areas within the City.
During the early communication of this process out to the public, there were additional
concerns raised by home owners on how this motion was to be interpreted and the
intent of the direction. Staff would like to obtain further clarification on how Counci l
wanted to license and enforce vacation rental units and bed and breakfasts.
Specifically, staff would like to gain clarification on how owner-occupied residential units
can be used going forward. Specifically staff would like to gain clarification if short term
rentals in legal and safe units would be allowed if the property is owner occupied, this
would be similar to a B&B use.
In this case, Council will permit the use of a qualifying rental unit for short term rental
(28 days or less) in a residential area if it is licensed and meets building code
requirements as a self-contained dwelling unit. Staff are proposing this consideration or
clarification in order to provide better alignment with other uses such as a B&B and
long-term rental uses in residential areas. Staff believe this would be a minor
clarification to the By-law but will provide significant clarity to staff and the public and
provide other potential benefits.
Background
Bed and Breakfasts Zoning By-law (2018-91)
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Bed and Breakfasts are permitted in various residential and commercial zones within
the City of Niagara Falls. Bed and Breakfasts consists of guest rooms that are defined
as separate rooms or a suite of rooms without cooking facilities. Bed and breakfasts
must be located in the dwelling or in a dwelling unit that is the primary residence of the
owner and are permitted in single detached, semi detached or duplex dwellings. Bed
and Breakfasts permitted in the R1A, R1B, R1C, R1D, R1E, R1F, R2, R3, TRM, DC,
DTC, A, R and DH zones and are permitted 3 guest rooms. In the GC, CB and TC zone
Bed and Breakfasts are permitted 6 guest rooms. Bed and Breakfasts provide breakfast
and are licensed by the City.
Vacation Rental Unit (VRU) Zoning By-law (2018-92)
A vacation rental unit is defined under the City's Zoning By-law as the commercial use
of a detached dwelling or dwelling unit that is available for rent in its entirety for a period
of 28 consecutive days or less, to provide temporary lodging to a single group of the
travelling and vacationing public and is licensed by the City of Niagara Falls to carry on
business.
Vacation rental units are permitted in the TC, GC and CB zones and are permitted up to
3 bedrooms. VRU's are licensed by the City.
Historic Challenges
The City of Niagara Falls has experienced neighbour conflicts between vacation rental
unit renters and full time residents of neighbourhoods mostly due to inconsiderate
guests and/or hosts. These negative impacts usually consist of property standards or
nuisance by-law infractions. Examples include guests at a vacation rental unit making
excessive noise, hosts leaving properties messy and unattractive, or guests breaking
parking bylaws with excessive vehicles or illegal parking.
The fire in March of 2023 in Montreal where seven (7) individuals lost their lives, six of
whom were renting a vacation rental via the Airbnb platform brought to light the safety
aspect of unlicensed lodging arrangements.
It is estimated that there are over 1,000 unlicensed vacation rental units in Niagara
Falls.
Some of these unlicensed vacation rental units are the result of a change in vacation
rental user behavior. Renters now prefer to rent out a suite of rooms with washroom and
kitchen facilities in their unit when they are travelling in a group rather than renting out
individual rooms in bed and breakfast without kitchen facilities.
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Enforcement
Niagara Falls recently amended its bylaw and enforcement approach on vacation rental
units in order to be more successful in bringing charges against owners. Our approach
has been successful in Provincial Offenses Court. Though our new bylaw and
approach is more efficient, the successful prosecution of an owner is still time
consuming.
In addition, staff have prepared an education post card mailer that will assist in
educating the public on vacation rental units. This education approach is the first step in
trying to bring more awareness to the general public on what to do should they ha ve an
issue with vacation rental units in their neighbourhood and to assist the by-law staff in
locating problem illegal vacation rental units.
Permitting and licensing owner-occupied units will assist by-law staff in focusing their
attention to the more problematic vacation rental units that are not owner occupied,
potentially unsafe and unlicensed.
Recent Challenges
The decision to not allow vacation rental units in residential areas to address the
problematic situations but to allow owner occupied properties to move to B&B licenses
was well received. However, when some owners moved to apply to B&B licenses, they
discovered the rules to be impractical. Bed and Breakfast rules are more aligned with
how a hotel operates as rooms are individually rented. This is somewhat different from
how vacation rental units are being rented as the majority are being rented as a whole
living unit (kitchen, bathroom and bedrooms) within dwelling units or in a secondary
dwelling units. A B&B license requires such things as fire breaks between each room,
non-tandem parking etc. These requirements make renting a whole dwelling unit
impractical.
Other Challenges
The issue of housing affordability is real in Niagara and in some cases using one's
property for a vacation rental unit is a method for owners to manage affordability. The
Province has also moved to grant homeowners the right to place three units on a lot to
provide additional housing opportunities.
The Hotel Association has been outspoken on this issue, as illegal vacation rental unit
operators reduce the market for licensed operators who are complying with the rules
and paying the appropriate fees.
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Analysis
The change in market demand is precisely why staff need clarification as to whether or
not the provision of having a kitchen facility in the dwelling unit and if the dwelling unit
must be within the primary dwelling unit in residential areas is something Council is
concerned with or whether the intent for these type of bed and breakfast/owner
occupied short term rental units is just to make sure an owner is present on site while
renting the dwelling unit to control negative behaviours.
Should the concern be more that the owner is present on site in areas outside of the
commercial area then staff could modify the Official Plan and Zoning By-law to eliminate
“Bed and Breakfast Establishment” and replace it with a new consolidated “Owner
occupied Short Term Rental Unit” land use. This avoids creating two separate zoning
and licensing systems for bed and breakfasts and owner occupied short term rental
units.
The proposed amendments would permit both individual rooms or a suite of rooms with
or without cooking facilities and would allow them to occupy separate dwelling units on
the primary owner occupied property. This type of use would continue to fall under
home occupation as it would be similar to the bed and breakfast establishment where it
requires the owner to be present on site while the site is being rented.
Staff have analyzed this situation through a number of factors including but not limited
to:
1) Safety of residents and guests - We need to ensure that renters of the owner
occupied vacation rental units as well as owners are staying in a building with
appropriate safety features. Ensuring that short term rental units meet the standards of
the building codes will support in this criteria.
2) Allowing owners of properties to enjoy the peaceful use of their property - There has
been significant conflicts between short term rental units and permanent residents. The
problem is especially acute when the unit is not owner occupied.
3) Allowing property owners to utilize their properties in a reasonable manner - property
owners should be allowed to use their property in a reasonable manner that does not
interfere with the use of other's properties.
4) Encouraging affordability and more affordable housing stock - providing opportunities
for residents to develop more legal rental units and allowing residents to utilize their
home to generate rental income in a responsible manner supports affordability.
The challenge that staff have identified relates to the equity between owner occupied
uses of property and the inconsistencies with the above factors. Specifically, the key
concern is if an owner of a property would like to create a legal accessory dwelling unit
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on their property (owner occupied), is there a material difference between renting the
unit out on a short term basis or on a long term basis. Additionally, the renting out of
one full unit with a limited number of travelling public is a less intense use to neighbours
than what is currently allowed for a B&B. One can argue that a long term residential
rental where the owner is not living on the property can cause more conflict than one
where the owner is on property and is required to obtain an annual license to operate.
When factoring in these different inconsistencies and the goal framework, staff wanted
further input from Council.
Due to this, staff would like Council to consider a change or a further clarification from
Council as to the allowance of vacation rental unit or a short term rental unit in a
residential area where the property is owner occupied.
The chart below summarizes the various factors.
Proposed
Owner
Occupied
Short Term
Rental Unit
Vacation
Rental Unit
(VRU)
Long Term
Rental B&B
Allowed in
Residential
area
Yes No Yes Yes
Owner
Occupied Yes No Not
required Yes
Building
code
compliance
required for
a
accessory
dwelling
unit
Yes Yes Yes
Yes but code
requirements
are stricter
due to
multiple
rooms being
rented
similar to a
hotel
Limits on
total
travelling
public
Yes - 3
rooms, 6
occupants
only one
party can
book.
Limited 3
bedrooms
Occupant
load
determined
by Building
Code ie. 10
without a
fire
suppression
system.
Not
applicable,
but a whole
home could
be rented
by a family
or multiple
family units
Yes- 3
bedrooms
for
residential
zones and 6
bedrooms
for
commercial
zones.
Occupant
load
Page 5 of 8
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determined
by Building
Code ie 10
without a fire
suppression
system.
Annual
Licence Yes Yes No Yes
The
potential to
add more
legal rental
options to
the market
Yes -
whether the
owner
decides to
rent long
term or
short term
the ability to
create or
maintain
legal rental
units is
encouraged.
This is due
to the fact
that a legal
dwelling unit
must be
created.
More
limited it is
anticipated
that
dwelling
units will be
created and
rented out
as VRUs in
commercial
areas.
Yes
No, dwelling
units are not
created here
as single
rooms are
rented.
Overall, staff believes that Council should consider the option to allow owner occupied
properties the option to rent the units as short term or long term by modifying and
renaming the bed and breakfast by-law. From a neighbour conflict basis B&Bs would
be a more intensive use than an owner occupied vacation rental unit as only one suite
of rooms capped at 3 bedrooms with a maximum occupant load of 6 would be allowed
to be rented on a short term basis to one party versus 3 rooms rented to various parties.
Additionally the owner occupied nature of the property limits the market acceptance for
this type of arrangement as some of the travelling public does not want to share space
with a property owner (for example VRBO only allows whole home rentals).
Staff are also of the opinion that the owner occupied nature of the use diminishes
neighbour conflicts as there is a presence on site. There is still concern that though a
licensed VRU is built in a commercial zone, not all of the units will be utilized for short
term rental in a development and it is likely that those developments may have more
conflict issues with other property owners than an owner occupied unit.
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The Province is allowing on an "as of right" basis for property owners to put up to three
accessory dwelling units on a property, this is to allow for more rental product to be
developed. If renting out a unit on a short term basis helps with the business case of
the development, these units may not always be rented out on the short term basis as
markets will adjust and some of these may migrate back into long term rental market.
Adding additional and varied rental stock is important and this approach may assist with
that.
Overall, staff believes that this small adjustment would provide safer accommodations,
not materially impact neighbour conflicts and potentially address on a limited basis
housing affordability. Staff believe that of 1,000 plus VRUs that are currently unlicensed
some would qualify for this change. Though for those that can qualify it will bring a safe
and effective option for homeowners to consider.
Operational Implications and Risk Analysis
This issue has created operational pressures on planning, building, fire and bylaw
officers due to the workload created by vacation rental units. We may in the future have
to consider increasing staff in this area to effectively enforce and licence.
Staff did have discussions with the Hotel Association with regards to supporting
educational and enforcement initiatives. They have so far agreed to supporting our post
card educational initiative. Licensed VRUs and B&Bs will pay into the Accommodation
Tax Pool of funds. Staff will continue its dialogue with the Hotel Association on this
matter to avoid encumbering the tax payer on this issue.
Financial Implications/Budget Impact
There are minor financial implications. Some additional licensing revenue potentially
exists.
Strategic/Departmental Alignment
Housing is a key issue for the City and the encouragement to develop safe rental stock
options is aligned with the long term goals of the City.
Contributor(s)
Kira Dolch, Gerald Spencer
Written by:
Jason Burgess, CAO
Kira Dolch, General Manager, Planning, Building & Development
Gerald Spencer, Manager of Municipal Enforcement Services
Submitted by: Status:
Page 7 of 8
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Jason Burgess, CAO Approved
- 25 May
2023
Page 8 of 8
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CAO-2023-03
Report
Report to: Mayor and Council
Date: May 30, 2023
Title: Hospice Development Ad-Hoc Committee
Recommendation(s)
1. That Council APPOINT two Council members to work with staff to provide input to
staff with regards to (i) Forming a Hospice Ad-Hoc Committee or Committees, (ii) Assist
staff with site selection approach.
Executive Summary
Council has identified the desire to develop a Hospice in Niagara Falls. In late 2022,
staff undertook a Request for Information (ROI) on site selection and operations of a
Hospice. Staff also received formal donation of land offers outside of the ROI to
evaluate. Staff will be evaluating the sites for recommendation to Council.
Staff realize that the development of a Hospice will require significant support in a
number of areas including (i) fundraising, (ii) building and design, (iii) operator selection
and (iv) long term organizational support.
Though the City can be involved in the initial creation of the Hospice, the long term role
of the City needs to be better defined. The vision of a Hospice was a Council initiative
(specifically Councilor Pietrangelo and Mayor Diodati raised the issue and have had
discussions with donors and community members on the creation of the Hospice). As
such, Staff will require input from Council to ensure the initial planning is aligned with
the vision.
Background
Staff are at the earlier stages of developing a workplan for this project and require input
into the plan. Staff have identified that committees will have to be set up and some
early decisions will have to be undertaken, Staff would like input in this analysis prior to
bringing a report to Council for a decision.
Analysis
The ad-hoc committee will bring a report back to Council for approval, however to make
the report effective staff need to ensure they are aligned with Council's vision. The ad -
hoc committee will be comprised of staff from Corporate Services, Planning, Municipal
Works and the CAO's office.
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The ad-hoc committee will consider at a minimum the following items. A report to
Council on the approach will be provided by the committee for Council approval.
1) Site Selection Review - we currently have a few potential sites that have been offered
by potential donors and evaluating the sites is a key consideration.
2) Committee Development - staff believe a formal committee or committees will have to
be formed to drive this project. The terms of reference for these committees will need to
be developed.
3) Role of the City - providing options to Council on the start up role of the City and the
long term role of the City with Hospice needs to be developed.
Operational Implications and Risk Analysis
At this time, there are no risks and the operational implications are limited to staff time.
Financial Implications/Budget Impact
None at this time.
Strategic/Departmental Alignment
Developing a Hospice is a strategic priority of Council and a
Written by:
Jason Burgess, CAO
Submitted by: Status:
Jason Burgess, CAO Approved
- 25 May
2023
Page 2 of 2
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F-2023-15
Report
Report to: Mayor and Council
Date: May 30, 2023
Title: 2023 Property Tax Rates
Recommendation(s)
That Council approve the 2023 Property Tax Rates.
Executive Summary
The municipality must have the annual tax rates approved prior to providing rate payers
with final tax bills. The 2023 General Purposes Budget was approved on January 31,
2023. The annual general levy of $84,973,020 was approved at this time. The City’s tax
rates included in this report reflect the approved general levy. The regional, transit, school
and waste management rates have been provided by the responsible level of government
and are also included in the schedule.
Background
The Regional Municipality of Niagara has approved the 2023 tax ratios and tax rates. In
addition, the Province of Ontario has established educational rates for 2023. The City is
now in the position to establish its tax rates and to proceed with the Final 2023 Billing for
the non-capped property classes. This report provides Council the City’s 2023 property
tax rates.
Financial Implications/Budget Impact
The 2023 tax levy is $84,973,020. The General taxation portion of this total levy is
$80,877,261; the Urban Service Area taxation portion is $2,944,672 and the Capital Levy
taxation portion amounts to $1,151,087. Corresponding tax rates based on these levies
are provided in Table 1.
The Region of Niagara provides waste management and transit services for the residen ts
of Niagara Falls. The Region has provided the costs for these services for 2023 to the
City. The annual cost of waste management used to determine the rates for 2023 is
$8,928,431. The annual cost of transit services used to determine the rates for 20 23 is
$14,561,989. To fund these expenses, the City collects the taxes from the residents using
a separate tax rate for each levy. Table 2 provides a comparison of the waste
management tax rates used in 2022 to the recommended rates for 2023.There is no
comparison for transit services as this is a new levy for 2023.
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The Appropriations and Levying By-law is prepared for Council’s adoption, should Council
approve the recommendation. This By-Law authorizes the preparation and sending of
Final Tax Notices. Appendix A of the By-law shows the summary of tax rates for each
classification and for all levies.
List of Attachments
F-2023-15 Attachment
Written by:
Stephanie Young, Water Tax Administrator
Tiffany Clark, Director of Finance
Submitted by: Status:
Tiffany Clark, Director of Finance Approved
- 23 May
2023
Shelley Darlington, General Manger of Corporate
Services
Approved
- 24 May
2023
Jason Burgess, CAO Approved
- 25 May
2023
Page 2 of 4
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Table 1
Tax Rates - City of Niagara Falls
2022 2023
Urban Urban
Tax Rates Service Capital Service Capital
City of Niagara Falls General Area Levy Combined General Area Levy Combined
Residential 0.454688% 0.072922% 0.005090% 0.532700% 0.542281% 0.020869% 0.007718% 0.570868%
Multi-Residential 0.895736% 0.143656% 0.010026% 1.049418% 1.068294% 0.041112% 0.015205% 1.124611%
New Multi-Residential 0.454688% 0.072922% 0.005090% 0.532700% 0.542281% 0.020869% 0.007718% 0.570868%
Commercial
- Occupied 0.788839% 0.126512% 0.008830% 0.924181% 0.940804% 0.036206% 0.013390% 0.990400%
- Excess Land 0.670513% 0.107535% 0.007505% 0.785553% 0.870243% 0.033490% 0.012386% 0.916119%
- Vacant Land 0.670513% 0.107535% 0.007505% 0.785553% 0.870243% 0.033490% 0.012386% 0.916119%
Commercial Other
- Occupied 0.788839% 0.126512% 0.008830% 0.924181% 0.940804% 0.036206% 0.013390% 0.990400%
- Excess Land 0.670513% 0.107535% 0.007505% 0.785553% 0.870243% 0.033490% 0.012386% 0.916119%
Commercial
Small Scale On-Farm N/A N/A N/A N/A 0.940804% 0.036206% 0.013390% 0.990400%
Landfill 1.336902% N/A 0.014965% 1.351867% 1.594448% N/A 0.022693% 1.617141%
Industrial 1.195830% 0.191784% 0.013385% 1.400999% 1.426200% 0.054886% 0.020298% 1.501384%
- Excess Land 1.016456% 0.163017% 0.011378% 1.190851% 1.319235% 0.050769% 0.018776% 1.388780%
- Vacant Land 1.016456% 0.163017% 0.011378% 1.190851% 1.319235% 0.050769% 0.018776% 1.388780%
Pipelines 0.773925% 0.124120% 0.008663% 0.906708% 0.923017% 0.035521% 0.013137% 0.971675%
Farmland 0.113672% 0.018230% 0.001272% 0.133174% 0.135570% 0.005217% 0.001930% 0.142717%
Managed Forest 0.113672% 0.018230% 0.001272% 0.133174% 0.135570% 0.005217% 0.001930% 0.142717%
Farmland Awaiting
Development I 0.341016% 0.054691% 0.003817% 0.399524% 0.406711% 0.015652% 0.001930% 0.424293%
F-2023-15
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Table 2
Waste Management Tax Rates - City of Niagara Falls
2022 2023
Waste Waste
Property Class Management Management
Tax Rate Tax Rate
Residential 0.056763%0.059865%
Multi-Residential 0.111823%0.117934%
New Multi-Residential 0.056763%0.059865%
Commercial
- Occupied 0.098478%0.103860%
- Excess Land 0.083706%0.096070%
- Vacant Land 0.083706%0.096070%
Commercial Other
- Occupied 0.098478%0.103860%
- Excess Land 0.083706%0.096070%
Landfill 0.166898%0.176019%
Industrial 0.149287%0.157445%
Industrial - Excess Land 0.126894%0.145637%
Industrial - Vacant Land 0.126894%0.145637%
Pipelines 0.096616%0.101896%
Farmlands 0.014191%0.014966%
Managed Forests 0.014191%0.014966%
Farmland Awaiting Development I 0.042572%0.044899%
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F-2023-17
Report
Report to: Mayor and Council
Date: May 30, 2023
Title:
Final Tax Notice Due Dates for Residential, Pipeline,
Farmland and Managed Forest Assessment Classes
Recommendation(s)
1. That June 29 and September 29 be approved as the 2023 Final Due Dates for
the Residential, Pipeline, Farmland and Managed Forest Assessment Classes.
2. That August 31 and October 31 be approved as the 2023 Final Due Dates for the
Commercial, Industrial and Multi-residential Assessment Classes.
Executive Summary
The due dates for final tax billing must be approved by Council pursuant to the Municipal
Act. Staff is recommending that the Final Tax Notice Due Dates for 2023 for the
Residential, Pipeline, Farmland and Managed Forest Assessment Classes be set as June
29 and September 29. Staff is further recommending that the Final Tax Notice Due Dates
for the Commercial, Industrial and Multi-residential Assessment Classes be set as August
31 and October 31 to accommodate the additional calculations required for these property
classes.
Background
The City of Niagara Falls is responsible for billing and collecting property taxes on all
assessable properties within the municipality. These annual billings inc lude the annual
taxes for the City, for the Region of Niagara and the appropriate local school boards. Due
dates for property taxes are set to coincide with the quarterly levy payments made to the
Region and the school boards.
Financial Implications/Budget Impact
Due to the additional calculations required to prepare the 2023 Final Tax Notices for the
Commercial, Industrial and Multi-residential property classes, all assessment classes
cannot be billed at the same time. Staff is therefore recommending that the Fina l Tax
Notice Due Dates for 2023 for the Residential, Pipeline, Farmland and Managed Forest
Assessment Classes be set as June 29 and September 29. Staff is further recommending
that the Final Tax Notice Due Dates for the Commercial, Industrial and Multi -residential
Assessment Classes be set as August 31 and October 31 to accommodate the additional
calculations required for these property classes.
Written by:
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Stephanie Young, Water Tax Administrator
Tiffany Clark, Director of Finance
Submitted by: Status:
Tiffany Clark, Director of Finance Approved
- 23 May
2023
Shelley Darlington, General Manger of Corporate
Services
Approved
- 24 May
2023
Jason Burgess, CAO Approved
- 24 May
2023
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MW-2023-16
Report
Report to: Mayor and Council
Date: May 30, 2023
Title: F.H. Leslie Park Playground Replacement
Recommendation(s)
1. That Niagara Falls City Council approve a 2023 Capital Budget amendment of
$165,000, funded by unallocated special purpose reserves, for the expedited
replacement of the playground at F.H. Leslie Park; and further,
2. That Council delegate the General Manager of Municipal Works authority to
proceed with a single-source procurement for supply and install of play structure
equipment from Open Space Solutions Inc. and for supply and install of turf
surfacing from Toronto Artificial Grass per their respective quotations.
Executive Summary
Due to major safety concerns with the slide and turf surface, the play structure at F.H.
Leslie was unexpectedly closed and removed in early May 2023.
The play structure provides a very important park amenity for the Valley Way
neighbourhood, and Staff believe it is warranted to expedite its replacement. To
accomplish this, it is recommended to fast track the construction through sole source
approvals and an amendment to the 2023 capital budget.
Background
A bi-annual safety inspection of the play structure at F.H. Leslie was conducted in May
2023 by the City's certified playground inspector. This inspection resulted in two
significant concerns; one related to vandalism of the slide structure, and another with
respect to trip hazards on the safety surface.
The nature of the safety concerns required the structure to be closed. Upon further
investigation it was determined that the slide structure had become obsolete and
unreplaceable, and that the safety surface heaving was also largely unrepairable due to
significant penetration of roots both under the safety surface and intertwined into the
foundations.
In order to limit the liability of maintaining a closed playground for an extensive period of
time, Staff promptly removed the structure and erected safety fencing.
Analysis
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Staff recommend an expedited replacement of the play structure and safety surface in
order to minimize service disruptions to the neighbourhood. Therefore investigations
immediately began for a quick turnaround replacement structure that could be delivered
and installed in six weeks or less from the date of approval.
Five different vendors with reputable product and installations in Ontario were
contacted. Only one vendor (Open Space Solutions Inc - Jambette Playgrounds) was
able to meet this timeline. The other 4 vendors cited timelines ranging from 10 weeks to
30 weeks, or longer.
Open Space Solutions Inc. offered two possible options. Option A, approximately
$75,000 plus applicable HST for 6 week turnaround time for site-specific structure
suited to the playground footprint; or Option B, approximately $50,000 plus applicable
HST for a 3 week turnaround time for a smaller play structure that was previously
ordered, but cancelled, by a municipality elsewhere in Ontario.
Based on the experience of the City's Landscape Architect, it is recommended to
proceed with the site-specific structure (Option A). Despite an additional few weeks for
delivery and install, this option meets the initial six week turnaround criteria and will offer
a much more robust play experience for the longevity of the playground. Illustrations for
this option are attached to the report.
Placement of the turf surface following the installation of playground will also require
contractual assistance for supply and install. Again being cognizant of material ordering
and lead times, Staff recommend single sourcing in the amount of $47,503.40 plus
applicable HST to Toronto Artificial Grass. This vendor has supplied a competitive
quote with a commitment to meet the anticipated install deadline and provide a 3-year
warranty.
Excavation, drainage improvements, placement of a root barrier, and placement and
compaction of granular material will be conducted by City crews. The cost for materials
is estimated to be $20,000 plus applicable taxes.
Weather depending, and provided that contract commitments are upheld, Staff
anticipate that the playground will be ready to reopen in early August 2023.
Operational Implications and Risk Analysis
The alternative to an expedite replacement requires budgetary approval through the
2024 budget process, design, tendering, and construction. Given current budgetary
timelines, the alternative approach would likely result in the soonest possible
replacement of the playground by summer 2024.
Financial Implications/Budget Impact
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Staff is recommending that Council approve a 2023 capital budget amendment of
$165,000 to fund the cost of the expedited work to ensure that the playground is re -
opened this season for community used based on the breakdown as follows:
1. $75,000 Supply and Install Play Structure
2. $48,000 Supply and Install Turf Surface
3. $20,000 Miscellaneous costs for excavation and disposal and materials and
equipment rentals for drainage improvements, granular base, root barrier (work
performed by City crews)
4. $22,000 Contingency and 1.76% HST share (together approximately 15%)
Staff is furthermore recommending that the budget amendment be funded by
unallocated special purpose reserves.
Strategic/Departmental Alignment
N/A
Contributor(s)
David Antonsen, Landscape Architect
James Dowling, Senior Manager of Capital Accounting
List of Attachments
Jambette Custom Rendering
Jambette Custom Plan
Written by:
Erik Nickel, Director of Municipal Works
Submitted by: Status:
Erik Nickel, Director of Municipal Works Approved
- 24 May
2023
Jason Burgess, CAO Approved
- 25 May
2023
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—DESCRIPTION—‘Stairsx/heelchoirrom1'3.5dio.ostHcmc'Stairsbetweentwoglotforms(44-44)eavesSteeringWheel(3.5diameterQA.AAA--Au..I’)’\UlL)|UbHIUIIIUIUIIUIIUUUUBBUI0.0UIU.hehdmmockl44l'LUXSlide(JAl'LUXSlide(JOl'Doubleslidewithwdves'WdveClimberUbl700,DesColfofs,Lévis,QC,G6Y9E6(877)363-2687'mini—c|imberhreeinarowgameganel(44)u?erflyGameCounter(44)indthegairganel(44!Aagleleafroof(44!Customer:OPENSPACESOLUTIONSINC.NIAGARAFALLS—LESLIEPARKProduct(s)IsometricViewProducts:PloysfrucfureJ3—23264—HA'18m312yecursPosts:3-1/2"P|cI’rform(s):48"FCIIIheightCSA:98"/2.4mASTM:60"/1.5mDrawnby:Iv\.E.L.Date:17/05/2023Page 4 of 5
Page 238 of 435
Legend700, des Calfats, Lévis, Qc, G6Y 9E6A-B-CCustomer :OPENSPACE SOLUTIONS INC.NIAGARA FALLS - LESLIE PARKLayout PlanProducts :Product(s)J3-23264-HADate: Drawn by:16.05.2023M.E.L.Quotation1077746= Protective surfacing zone(s) at the lower exit and of the slide(s)(A = 5' or 1.52m, 6' or 1.83m) (F = 7' or 2.13m) (B = 8' and over or 2.44m and over)= No-encroachment zone(s) 6' (1.83m)= Protective surfacing zone(s)(877) 363-2687The CSA Z614:20 standard and the professional judgement of the manufacturer were used to determine the layout of this plan.1- PlaystructureL-200432- Xyrä-45Page 5 of 5
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MW-2023-17
Report
Report to: Mayor and Council
Date: May 30, 2023
Title:
Children's Memorial Walkway Memorial Bench Program -
Custom Bench Purchase
Recommendation(s)
1. That City Council direct staff to single source contract with Hall Ironworks Inc. for
the fabrication of 10 custom memorial benches.
Executive Summary
A custom memorial bench has been developed for purchase at the Children's Memorial
Walkway in Firemen's Park. To facilitate the program, 10 benches are proposed to be
fabricated by Hall Ironworks Inc. The anticipated expense for the detailed design and
fabrication is $40,000. All expenses will be reimbursed through the sale of the memorial
benches.
Background
At the March 23, 2021 Council meeting, staff were directed to develop a memorial
bench program as part of the Children's Memorial Bench project. This program would
be similar to the the memorial bench program provided Cemetery Services.
Working with the Children's Memorial Walkway Project Committee, a custom designed
butterfly garden themed bench was determined to be preferred. This bench will provide
Niagara Falls residents with an opportunity to purchase a tasteful and unique bench to
commemorate the life of their child. The bench will also include a paved bench pad and
an engraved stainless steel memorial plaque.
Analysis
To advance the custom designed bench, 3 qualified local fabricators were contacted.
They included; Hall Ironworks Inc (Niagara Falls), Canadian Specialty Castings
(Niagara Falls) and Genesis Metal Works (Hamilton). Hall Ironworks Inc was the only
fabricator to respond with a quotation. Staff found the pricing provided by Hall
Ironworks Inc. as good value and meets the expectations of the Children's Memorial
Walkway Project Committee. For the following reasons, it is recommended to pre -order
the benches before launching the memorial bench program:
1. To ensure consistency in the bench designs and fabrication quality;
2. To ensure timely turnaround between the time of purchase and the time of install;
and
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3. To take advantage of economies of scale in order to keep costs low.
Hall Ironworks Inc has successfully completed similar custom benches for the City of
Niagara Falls at the Korean War Memorial.
In addition to bench memorials, a few additional memorial elements are under
consideration, such as engraved bronze butterflies. Unlike the benches, these
elements will be fabricated "to order" due to shorter fabrication time and the necessity to
customize engraving. More details on the memorial options will be rolled out in the
launch of the program expected later this summer/fall.
Operational Implications and Risk Analysis
The memorial bench program for the Children's Memorial Walkway will be facilitated
with the Niagara Falls cemetery memorial bench program. The added work to operate
this program will be minimal.
Financial Implications/Budget Impact
The memorial bench program is anticipated to be operating as revenue neutral. Funds
allocated to the establishment and management of the program will be reimbursed
through sales of the the benches. The anticipated cost for the supply and installation of
the bench, paved bench pad and engraved plaque is $5000.00 each. This total cost
corresponds with the future memorial bench program fee.
Staff estimates the initial cost to be $40,000.00 in order to complete the detailed plans
and fabricate the 10 benches for the program. The paved bench pad and engraved
plaque will be purchased/installed after resident purchase. Staff will ensure this is a full
cost-recovery program.
Strategic/Departmental Alignment
The content included in this report aligns with strategic priorities of social sustainability
by promoting residents' quality of life and well-being.
Contributor(s)
James Dowling, Senior Manager of Capital Accounting
List of Attachments
sample memorial bench
Written by:
David Antonsen, Landscape Architect
Submitted by: Status:
Erik Nickel, Director of Municipal Works Approved
- 24 May
2023
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Jason Burgess, CAO Approved
- 24 May
2023
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Figure 1: Sample custom memorial bench.
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PBD-2023-31
Report
Report to: Mayor and Council
Date: May 30, 2023
Title:
26T-11-2019-003
Extension of St. Thomas More Draft Plan of Subdivision
6642 St. Thomas More Drive
Applicant: 1956662 Ontario Inc.
Agent: Corbett Land Strategies Inc. (Candice Hood)
Recommendation(s)
That Council grant a 1-year extension to draft plan approval of subdivision with a new lapsing
date of June 19th, 2024.
Executive Summary
Council approved the Draft Plan of Subdivision on May 12, 2020 and modified the draft plan on
August 10, 2021. The draft plan approval is set to lapse on June 26, 2023. 195662 Ontario Inc. is
requesting Council consider extending their draft plan approval by 3 years to lapse on June 19,
2026 to accommodate the continued use of the existing building as a private school and to permit
the applicant to successfully address, coordinate and complete all conditions associated with the
application to the satisfaction of the City. City Staff are currently reviewing a package submitted
by the applicant to clear conditions.
Staff recommend that an extension of 1-year be granted to help ensure the proposed residential
units will be brought to market in a more timely manner. The draft plan and conditions continue to
conform to Provincial, Regional and City policies and applicable zoning and development
standards.
Background
Proposal
May 12thOn 2020 (PBD, -2020-Zoning a for applications approved 17), ByCouncil -law
Amendment (AM-2019-017) and Draft Plan of Subdivision (26T-11-2019-003) for lands that are
1.8 ha in size and located at 6642 St. Thomas More Drive (see Schedule 1 for a location and
Schedule 2 for the draft approved plan). The plan consists of 12 on-street townhouse units and
18 detached dwelling units. A modification to the draft approved plan was granted on August 10,
2021 (PBD-2021-40). The draft plan was approved for 3 years, and lapses on June 19, 2023.
The applicant has submitted a request to extend the draft plan approval by 3 years, which would
provide for a new lapsing date of June 19, 2026.
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Analysis
The applicant has submitted a request for an extension to draft plan approval (see attached letter).
The draft plan approval was granted on May 12, 2020 and modified on August 10, 2021, subject
to 45 conditions (see Appendix B). The applicant has submitted a package to clear conditions of
the draft approval. Staff are currently reviewing the package to determine if the conditions can be
considered cleared. The applicant has requested a 3 year extension due to the continued use of
the existing building for a private school. In addition, the 3-year extension will permit the applicant
to successfully address, coordinate and complete all conditions associated with the application to
the satisfaction of the City.
Under Section 51(33) of the Planning Act, 190 R. S. O., Council can grant extensions to draft plan
approval for a specified time period. Historically, Council has granted extensions for a specified
time of 1 year. The applicant has requested an extension of 3 years. To date, no conditions have
been cleared, but the applicant has submitted a package to clear conditions that is currently under
review by City Staff.
In conclusion, the applicant requested an additional 3 years to clear conditions due to the
continued use of the private school on the property. Planning Staff recommend that an extension
period of 1 year be granted to ensure the proposed residential units are brought to market in a
timelier manner. The proposal remains in compliance with Provincial, Regional and City policies
and relevant zoning regulations and development standards. For these reasons, Planning St aff
is of the opinion it would be appropriate to grant an extension of draft approval for 1 year with a
new lapsing date of June 19th, 2024.
The conditions of draft approval are listed in Appendix B. These remain unchanged from August
2021.
Financial Implications/Budget Impact
The proposed development will generate development charge contributions and property tax
revenue for the City. A fee of $2,000 was collected to process this application. There are no other
financial implications.
Strategic/Departmental Alignment
The proposed subdivision supports the Healthy and Vibrant Community Strategic Priority by
providing additional housing for residents.
List of Attachments
Schedule 1 - Location Map
Schedule 2 - Draft Approved Plan of Subdivision
Appendix A - Request for Extension of Draft Plan Approval
Appendix B - Conditions for Draft Plan Approval
Written by:
Alexa Cooper, Planner 2
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Submitted by: Status:
Andrew Bryce, Director of Planning Approved
- 19 May
2023
Kira Dolch, Director of Planning, Building &
Development
Approved
- 23 May
2023
Jason Burgess, CAO Approved
- 23 May
2023
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3
SCHEDULE 1
(Location Map)
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4
SCHEDULE 2
(Draft Approved Plan of Subdivision)
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______________________________________________________________________________
5045 South Service Rd, Suite 301
Burlington ON L7L 5Y7
March 30th, 2023 City of Niagara Falls
4310 Queen Street
Niagara Falls, ON L2E 6X5
DRAFT PLAN APPROVAL EXTENSION REQUEST
Attention: Julie Hannah, MES, MA, MCIP, RPP
Planner 2
Planning, Building, and Development
City of Niagara Falls
905.356.7521 ext.4107
jhannah@niagarafalls.ca
RE: COVER LETTER – 6642 St. Thomas More Drive (26T-11-2019-003/ 26CD-11-2019-003)
Draft Plan Approval Extension Request
Corbett Land Strategies Inc. (CLS), on behalf of Y & Z Holdings (1956662 Ontario LTD) (Owner), is
respectfully requesting the extension of the approved Draft Plan of Subdivision application for the subject
lands located at 6642 St. Thomas More Drive. CLS has been working with the project team to clear the list
of conditions attached to the above Draft Plan approval application. CLS is the authorized agent for this
application and will serve as the primary contact throughout the completion of this approval process.
SUBJECT PROPERTY:
The subject lands are municipally identified as Part of Lot 158 in the former geographic Township of
Stamford, now in the Regional Municipality of Niagara Falls. The subject lands are bounded by Carlton
Avenue to the east, Dunn Street to the south and Dorchester Road to the west.
The subject lands provide an approximate frontage along Carlton Ave of 91.2m with direct frontage along
St. Thomas More Dr of 20.3m. Also, the subject lands provide an approximate depth of 193.2m (from
Carlton Ave to St. Thomas More Drive) and an approximate area of 1.80 hectares (4.46 acres) in size.
The subject property contains an existing school building, formerly used as the St. Thomas More
Elementary School, now occupied by Pathways Academy and Early Learning Centre (private school). The
remainder of the land consists of an asphalt parking lot and paved playing areas as well as a large grassy
field abutting Carlton Avenue.
APPENDIX A
Request for Extension of Draft Plan Approval
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Page 2 of 3
BACKGROUND:
Zoning By-law Amendment (AM-2019-017):
A Zoning By-law Amendment has been advanced to rezone the subject lands to permit residential uses as
and establish site-specific standards for the future use, as the existing school is scheduled for future
demolition. The application sought to rezone the subject lands from “I” Institutional to an “R3” Residential
Mixed (R3 Zone) and “I/RIC” Residential 1C Density (RC1 Zone). The Residential Mixed Zone (R3) was
proposed to facilitate the development of street towns, identified as “Phase One” whilst the I/RIC
Residential 1C Density (RC1 Zone) proposed the permission of single detached dwellings on the existing
school building lands, which would be constructed only once the school has been demolished. In July 2020
the Zoning By-law Amendment application was approved.
Approved Draft Plan of Subdivision (26T-11-2019-003):
The approved residential draft plan granted the demolition of the existing private school and lot creation of
eighteen (18) single family dwellings off of St. Thomas More Drive as well as two blocks/ consisting of
twelve (12) townhouse lots on the portion of the lands fronting on Carlton Avenue. On August 6th, 2020 the
Draft Plan of Subdivision Application was approved.
Red Line Revision Application (26CD-11-2019-003) (Modification):
To clarify the development requirements of the approved subdivision, a Red Line Revision was advanced.
The main changes included within the redline revision request consisted of the following:
• Proposed Phase One lot line has been moved to the west 7.0m (towards the school) to ensure a
sufficient minimum lot area of 200m2 is provided and the maximum lot coverage of 45% per lot has
not been exceeded according to the R3 zoning requirements. All the dimensions that have
changed were noted and highlighted in red on the submitted revised draft plan.
• The title block was updated to reflect the latest dimension and area changes in accordance with
the zoning by-law.
• Phase One lands would consist of an area of 0.342 hectares (Blocks 1 and 2) and the Phase Two
lands would consist of approximately 1.465 hectares in size.
On August 12, 2021, a Notice of Decision for the approval of the Modification to Draft Plan (26T-11-2019-
003) was issued. As no appeals were submitted, the revised redline plan and draft plan conditions become
effective as of September 2nd, 2021.
EXTENSION REQUEST:
To address the noted lapse of approval this coming June, CLS is respectfully requesting an extension of
the approved Draft Plan application. CLS anticipates that more time is needed to successfully address,
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Page 3 of 3
coordinate and complete all conditions associated with the application to the satisfaction of the City. In
addition, due to the continued use of the existing building with the private school, an extension request of
three years is requested.
The submission materials resolving the conditions of the aforementioned Draft Plan have been prepared
and circulated to both the City and the Region. Given the extensive nature of the submission package, it is
hoped that most of the outstanding conditions have been resolved. Should the need arise, CLS will revise
and recirculate any materials necessary to achieve Plan of Subdivision approval.
On behalf of our Client, CLS thanks the City of Niagara Falls for considering this request. If there are any
concerns or questions, please feel free to contact the undersigned.
Prepared By: Reviewed By:
Candice Hood Nick Wood
________________________________ ______________________________
Candice Hood, BA, CPT Nick Wood, MCIP, RPP
Development Planner Vice-President
Corbett Land Strategies Inc. Corbett Land Strategies Inc.
5045 South Service Road, Suite 301 5045 South Service Road, Suite 301
candice@corbettlandstrategies.ca nick@corbettlandstrategies.ca
289-725-0121 416-420-5544
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APPENDIX B
Conditions for Draft Plan Approval
1. Approval applies to the St. Thomas More Drive Draft Plan of Subdivision prepared
by Matthews, Cameron, Heywood-Kerry T. Howe Surveying Limited, dated January
27, 2020, revised May 26, 2021, showing 18 lots for single detached dwellings and
a block for 12 on-street townhouse dwelling units.
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 subject
lands. 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.
3. The developer submit a Solicitor’s Certificate of Ownership for the subdivision lands
to the City Solicitor prior to the preparation of the Subdivision Agreement.
4. The registration of the plan shall proceed in two phases to the satisfaction of the
City. A separate Subdivision Agreement will be required for each phase.
5. The subdivision be designed and constructed in accordance with City standards
which, in part, includes the following:
(a) Roadways and sidewalks constructed to municipal requirements and the
proposed road allowances be dedicated as public highways;
(b) Proposed extension of St. Thomas More Drive to be dedicated as public
highway;
(c) Carlton Avenue to be reconstructed full width and for the length fronting the
subject property at the Developer’s expense;
(d) The streets named to the City’s satisfaction;
(e) The developer must ensure that must ensure that the existing municipal
infrastructure will adequately service the development as proposed. This
shall include hydrant flow testing to be conducted at the Developer’s expense
and in coordination with a City Certified Water Operator (CWO). The results
of the flow testing shall be included in a Functional Servicing Report and
submitted to Engineering Services for review;
(f) The existing 150mm diameter CI municipal watermain on St. Thomas More
Drive shall be cut, capped and blocked at the Dorchester Road;
(g) A new PVC watermain of sufficient diameter to service the proposed single
detached dwellings lots on St. Thomas More Drive shall be installed from
the existing 300mm diameter main on Dorchester Road to the east limit of
the proposed road extension;
(h) Each of the on-street townhome lots shall be individually serviced from the
existing CI watermain on Carlton Road provided this main is sufficient to
service the proposed development;
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(i) The Developer must ensure that the existing municipal infrastructure will
adequately service the development as proposed and include all necessary
supporting documentation within the Functional Servicing Report to be
submitted to Engineering Services for review;
(j) In accordance with the City’s Certificate of Approval (No. 5404-56FS7V) the
Developer must demonstrate a net reduction in flows contributing to the
existing combined sewer on Dorchester Road, post development and include
supporting documentation within the Functional Servicing Report;
(k) Each of the on-street townhome lots shall be individually serviced from the
existing PVC sanitary sewer on Carlton Road provided this sewer has
sufficient capacity for the proposed development;
(l) Provision of water distribution, sanitary sewer and storm sewer systems in
accordance with the Ministry of the Environment, Conservation and Parks
(MECP) Guidelines and City Standards;
(m) The Developer must control post-development peak stormwater flows to the
pre-development rate for the five (5) year design storm and include all
necessary supporting documentation within a Stormwater Management
Report to be submitted to Engineering Services for review;
(n) Any stormwater flows currently conveyed to the existing combined sewer on
Dorchester Road must be removed and redirected to a suitable outlet;
(o) The Functional Servicing Report shall speak to the impact of advancing the
development in two phases specifically as it relates to the overall site
servicing, grading and drainage;
(p) All existing site servicing must be identified and included on the general site
servicing plan;
(q) Testing of the watermains shall be completed in the presence of a Certified
Water operator using the City’s Watermain Commissioning Checklist;
(r) Submission of the hydrant coverage drawing to ensure adequate fire
protection;
(s) Weeping tile be connected to the storm sewer system via sump pumps and
all rainwater leaders outlet to grade and be directed to the front/rear yards;
(t) Provision of an overland stormwater flow route shall be directed to the
municipal right-of way for major storm events and constructed in accordance
with the MECP guidelines and City Standards;
(u) Application of the City’s Lot Grading and Drainage Policy in accordance with
the City Standards;
(v) The street lighting shall be designed in accordance with the City’s
specification (as amended April 2016);
(w) Lighting designs to be prepared by a professional engineer to the minimal
IESNA RP8- 14 standard. Photometric plans to be submitted, demonstrating
zero impact on neighbouring properties;
(x) Streetlighting to be constructed in accordance with the approved design and
at the Developer’s expense for the full length of St Thomas More Drive;
(y) The Developer shall replace the length of existing concrete sidewalk fronting
the subject property on Carlton Avenue with a new 1.5 metre wide sidewalk,
designed and constructed to City standards;
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(z) The developer provide to the City all proposed site servicing, grading and
photometric plans for the subject property for review and acceptance prior to
the start of construction;
(aa) The developer provide plan and profile drawings for all proposed
infrastructure additions and/or upgrades to be constructed within the
municipal road allowance as may be necessary to service the new
development, for review and acceptance prior to start of construction; and
(bb) All plans/engineering drawings shall be stamped and signed by a qualified
professional engineer licensed to practice engineering in Ontario.
6. The developer submit a Geotechnical Report prepared by a Soils Consultant to the
satisfaction of Municipal Works.
7. The developer pay the Development Charges in force at the time of execution of the
Subdivision Agreement (18 single lots and 12 townhouse dwelling units) as per the
City’s Development Charges By-law No. 2019-69.
8. The developer grant the City and public utility companies any easements required
to service the subdivision.
9. The developer submit the digital data and contract documents in accordance with
the City CAD standards, and itemized in accordance with the City Schedule of
Quantities and Unit Prices format.
10. The developer pay the required fees for Engineering Inspection and Administration
for the subdivision.
11. The Developer’s engineering consultant shall provide written certification that the
works completed conform to the City’s Accepted Drawing set and that construction
is completed in accordance with the NPSCD and City construction specifications
12. The developer accommodate the provision of one boulevard tree per lot and two
boulevard trees per corner lot and pay to the City $350 per tree for this provision, in
accordance with City policy.
13. The developer submit a landscape plan showing landscaping, fencing and entry
features to the satisfaction of Parks Design.
14. The developer pay the City cash-in-lieu of 5% parkland dedication as determined by
a qualified appraiser.
15. The developer installs an automatic sprinkler system in all residential units, due to
lack of a secondary emergency access and the single access route exceeding 90
metres in accordance with NFPA 13 D. DELETED
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16. That parking restrictions be imposed on one side of the road within residential cul-
de-sac to Fire Services satisfaction. The subdivision agreement is to specify the
supply and installation of no parking signage is to be at the cost of the developer.
17. The developer submit servicing plans to Municipal Works and Fire Services for
review. Such plans are to include road widths and curb radii. Note that the Municipal
Works Department is responsible for final approval of said servicing plans.
18. That adequate water supply for the firefighting purposes shall be immediately
available and accessible with sufficient volume and/or flow to facilitate firefighting
operations prior to the construction of buildings.
19. The developer receive final approval of the Zoning By-law amendment to provide
regulations to guide the development of the subdivision.
20. The developer provide three calculated plans 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.
21. The developer provide four 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.
22. 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 available. In the event that such
infrastructure is not available, the developer shall be required to pay for the
connection to and/or extension of the existing communication/telecommunication
infrastructure. If the developer elects not to pay for the above noted connection, the
developer shall be required to demonstrate to the satisfaction of the municipality that
sufficient alternative communication/telecommunication facilities will be provided to
enable, at a minimum, the effective delivery of communication/telecommunication
services for emergency management services (i.e. 911 Emergency Services).
23. The developer determine the location of all Community Mail Boxes (CMBs) with
Canada Post, and that the location of CMB’s be identified on appropriate maps,
information boards and plans in the sales office prior to offering any units for sale.
24. The developer agree in the Subdivision Agreement, in words satisfactory to Canada
Post, to grant to Canada Post any easements that may be required for the
installation of CMBs on private property.
25. The developer include in all offers of purchase and sale, a statement that advises
the prospective purchaser that mail will be delivered via a CMB. The developer also
agrees to note the locations of all CMBs within the development, and to notify
affected homeowners of any established easements granted to Canada Post to
permit access to CMBs.
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26. The developer satisfy all requirements of Canada Post regarding 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.
27. The developer contact Enbridge Gas Distribution’s Customer Connections
Department by emailing SalesArea80@enbridge.com for 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. NOTE: If a 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 phase construction,
all costs are the responsibility of the applicant.
28. The developer grade all streets to final elevation prior to installation of the gas lines
and provide Enbridge Gas Distribution Inc. with the necessary field survey
information required for installation of gas lines.
29. The developer provide Enbridge Gas Distribution with the necessary easements in
the event they are required to service the development.
30. Prior to Hydro One Networks Inc. (HONI) providing its final approval, the developer
must make arrangements satisfactory to HONI for lot grading and drainage. Digital
copies of lot grading and drainage plans (true scale), showing existing and final
grades, must be submitted to HONI for review and approval. Drawings must identify
the transmission corridor, location of towers within the corridor. Drainage must be
controlled and directed away from the Ontario Infrastructure & Lands Corporation
(OILC)/HONI transmission corridor.
31. Any development in conjunction with the subdivision must not block vehicular access
to any HONI facilities located on the transmission corridor. During construction,
there must be no storage of materials or moulding of earth, snow or other debris on
the transmission corridor.
32. Temporary fencing must be installed along the transmission corridor, at the
developer’s expense, prior to the start of construction and a permanent fencing must
be erected along the common property line after construction is completed.
33. The cost of any relocation or revisions to HONI facilities which are necessary to
accommodate this subdivision will be borne by the developer. The developer will be
responsible for restoration of any damage to the transmission corridor or HONI
facilitates thereon resulting from construction of the subdivision.
34. HONI’s letter of November 21, 2017 and the conditions contained therein, should in
no way be construed as permission for or an endorsement of proposed location(s)
for any road crossing(s) contemplated for the proposed development. This
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permission may be specifically granted by OILC under separate agreement(s).
Proposals for any secondary land use including road crossings on the transmission
corridor are processed through the Provincial Secondary Land use Program
(PSLUP). HONI, as OILC’s service provider, will review detailed engineering plans
for such proposals separately, in order to obtain final approval. Should future
approval for a road crossing be granted, the subdivider shall then make
arrangements satisfactory to OILC/HONI for the dedication and transfer of the
proposed road allowance directly to the City of Niagara Falls. Access to and road
construction on the OILC/HONI transmission corridor is not to occur until the legal
transfer(s) of lands or interest are completed.
35. The developer is advised that the transmission lines abutting this subdivision
operate at 500,000, 230,000 or 115,000 volts. Section 188 - Proximity - of the
Regulations for Construction Projects in the Occupational Health and Safety Act,
require that no object be brought closer than 6 metres (20 feet) to an energized 500
kV conductor. The distance for 230 kV conductors is 4.5 metres (15 feet) and for
115kV conductors is 3 metres (10 feet). It is the developer’s responsibility to be
aware, and to make all personnel on site aware, that all equipment and personnel
must come no closer than the distances specified in the Act. They should also be
aware that the conductors can rise and lower without warning, depending on the
electrical demand placed on the line.
36. That a Stage 1 Archaeological Assessment be submitted to the Ministry of Tourism,
Culture and Sport (MTCS) for review and approval. The report must be accepted by
the MTCS, to the satisfaction of Niagara Region, prior to clearance of this condition.
If the consultant recommends / the MTCS requires further Archaeological
Assessments, these report(s) must also be submitted to and accepted by the MTCS,
to the satisfaction of Niagara Region, prior to clearing this condition.
Note: No demolition, grading or other soil disturbances shall take place on the
subject property prior to the issuance of a letter from the MTCS confirming
that all archaeological resource concerns have been mitigated and meet
licensing and resource conservation requirements.
37. That the following clause be included in the subdivision agreement:
"Should deeply buried archaeological remains/resources be found on the property
during construction activities, all activities impacting archaeological resources must
cease immediately , notify the Archaeology Programs Unit of the Ontario Ministry of
Tourism, Culture and Sport (MTCS) (416-212-8886) and a licensed archaeologist
(developer’s archaeology consultant) is required 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 Cemeteries Regulation Unit
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of the Ministry of Government and Consumer Services in Toronto (416-326-8392),
must be contacted. In the situations where human remains are associated with
archaeology resources, MTCS should be notified to ensure that the site is not subject
to unlicensed alteration which would be a contravention of the Ontario Heritage Act.
38. That the developer 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 developer.
39. That the developer 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 the
subdivision shall contain a clause indicating that servicing allocation for the
subdivision will not be assigned until the plan is registered, and a similar clause be
inserted in the subdivision agreement between the developer and the City.
40. That prior to final approval for registration of this plan of subdivision, the developer
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.
41. That verification of the available wet weather sanitary capacity in the South Niagara
Falls system required to accommodate development, be submitted for review and
approval by the Niagara Region and City of Niagara Falls. Based on the information
submitted, the Region/City may be requiring flow monitoring conditions be included
in the agreement to verify that the estimated wet weather flows are being met in the
field after construction of the sanitary sewers and before assumption by the City. If
the verification is unsuccessful, mitigation measures may be required. In order to
satisfy the condition regarding the requirement for verification of the available wet
weather capacity, the Region will require that the applicant submit a Sanitary Sewer
Servicing Design Brief. This brief must contain the following calculations:
(a) Estimated dry weather flow from the proposed development calculated on
the current City of Niagara Falls design standards for number of people per
unit and estimated flow per person.
(b) Estimated wet weather flow (at the beginning of the sanitary sewers lifecycle)
from the proposed development based on the OPSS 410, which requires
testing of public side sewers with allowable leakage of 0.01 L/s/ha (22 L/c/d
or 0.075 L/mm/100m of sewer per hour). If post flow monitoring is complete,
this will be the acceptable level of wet weather flow portion for the new
sanitary system;
(c) Estimated wet weather flow (at the end of the sanitary sewers lifecycle) long
term wet weather flow from the proposed development with a maximum
infiltration allowance of 0.286 L/s/ha;
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(d) If the development is to be phased the calculations should be completed for
each phase and the timing of the phases should be detailed in the brief.
42. That prior to any on-site grading, the developer submits a detailed stormwater
management plan for the subdivision and the following plans designed and sealed
by a qualified professional engineer in accordance with the Ministry of the
Environment documents entitled Stormwater Management Planning and Design
Manual, March 2003 and Stormwater Quality Guidelines for New Development, May
1991, or their successors to the Niagara Region 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; and,
43. That the subdivision agreement contains provisions whereby the developer agrees
to implement the approved plan(s) required in accordance with the condition
above.
44. That the developer ensure 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.
45. That the developer comply with the Niagara Region’s Corporate Policy for Waste
Collection and complete the Application for Commencement of Collection.
Notes
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 the Niagara Region.
Prior to final approval for registration, a copy of the executed 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.
In order to request clearance of the above noted Regional conditions, a letter
outlining how the conditions have been satisfied, together with all studies and
reports (two hard copies 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.
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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
Municipal Works for Conditions 4 to 11 inclusive, and 18
Landscape Architect for Conditions 12 to 14 inclusive
Transportation Services for Condition 4
Fire Services for Conditions 16 to 18 Inclusive
Planning and Development Services for Conditions 19 to 21 inclusive
Bell Canada for Condition 22
Canada Post for Conditions 23 to 26 inclusive
Enbridge Gas Distribution Inc. for Conditions 27 to 29 inclusive
Hydro One Networks Inc. 30 to 31 inclusive
Regional Municipality of Niagara for Conditions 36 to 45 inclusive
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PBD-2023-32
Report
Report to: Mayor and Council
Date: May 30, 2023
Title: New 2023 Provincial Planning Statement
Recommendation(s)
1. Council receive PBD-2023-32 for information.
Executive Summary
The purpose of this report is to inform Council of the new proposed 2023 Provincial
Planning Statement (PPS). Introduced on April 6, 2023, the 2023 Provincial Planning
Statement replaces and combines the 2020 Provincial Policy Statement, the 2019 A
Place to Grow: Growth Plan for the Greater Golden Horseshoe (Provincial Growth Plan)
and the Provincial Policy Statement for Northern Ontario into a new single policy
document. The Statement is currently out for a 60 day commenting period until June 6th
. As it is a policy document and not a legislative bill, approval will be made by Cabinet
and not the Legislature.
The new 2023 PPS represents a fundamental shift as to how growth will be managed by
the local a becomes management as forward going Province growth municipal
responsibility. Without the requirement for co-ordinated population and employment
forecasts beyond the year 2051, municipal comprehensive reviews, density and
intensification targets, and relaxed criteria for urban expansions and employment land
conversions, the City will need to continue to provide a strong growth management
framework through its new Official Plan as outlined in the new Niagara Region Official
Plan.
Background
In a bid to build 1.5 million homes over the next 10 years, the Prov ince, as part of its
Housing Supply Action Plan, introduced a new 2023 Provincial Planning Statement on
April 6, 2023. The new 2023 Provincial Planning Statement replaces and combines the
2020 Provincial Policy Statement, the 2019 Provincial Growth Plan an d the Provincial
Policy Statement for Northern Ontario into a new single policy document. The goal of the
new PPS is to further cut red tape and be responsive and flexible to local municipal needs.
The Statement is out for a 60 day commenting period and as it is a policy document and
not a legislative bill, approval will not be up to the Legislature but Cabinet. If approved,
the new Provincial Planning Statement is targeted to take effect in the Fall 2023.
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Analysis
Major changes to the PPS are summarized in this section of the report, along with a
discussion of implications for the City of Niagara Falls.
Key Changes and Implications
Growth Management (Forecasts, Land Supply, Targets and Strategic Growth Areas)
With the repeal of the Growth Plan, municipalities will no longer be required to plan to
specific population and employment targets to a specific horizon year. In essence, the
requirement to plan for a specific population and employment target and therefore a ll land
budget decisions derived from those targets, a fundamental aspect of sound growth
management, comes to an end. The Province still expects the City of Niagara Falls will
continue to use the 2051 targets assigned to the city in the new Niagara Regio n Official
Plan that being a population of 141,650 people, 58,000 jobs and 20,220 new housing
units by 2051. Beyond the year 2051, the City will be expected to undertake its own
growth forecasting without necessarily co-ordinating with Niagara Region or the Province
of Ontario.
With respect to the City’s land supply, municipalities will now be expected to have enough
Urban designated land for at least 25 years which is a change from an earlier requirement
for a land supply of up to 25 years. With respect to Greenfield density targets the new
PPS is silent on Greenfield land or Greenfield density targets (50 people and jobs per
hectare). Since 2006 density targets have been in place to ensure that valuable Urban
designated land has been developed wisely.
Niagara Falls is identified by the Province as a fast-growing municipality and as such the
City will need to continue to identify Strategic Growth Areas (SGAs) including its Major
Transit Station Area and assign density targets to these areas. Accordingly, the
Downtown core (Transit Station Area secondary plan) and newly defined Strategic
Growth Area centred around the new South Niagara Falls hospital with density targets of
150 and 100 people and jobs per hectare will continue as is.
Implications
A strong growth management framework is anchored by long term co-ordinated forecasts
and targets. Niagara Falls will need to strengthen its growth management capabilities with
respect to forecasting as long term population and employment forecasts help
municipalities accommodate growth, manage change and properly plan infrastructure
required to support sustainable growth.
Solution
The City will need to develop its own long term forecasting capability and will need to
continue to co-ordinate with Niagara Region as the Region is the provider of municipal
servicing infrastructure to the local municipalities. Further, the City should still carry
forward the minimum 53 people and jobs per hectare density target contained in the
current official plan to the new official plan.
Built Boundary and Intensification
As per the 2019 Growth Plan, the City’s urban area is currently divided into a Built -up
area and a Greenfield area, with the City assigned a target that directs 50% of future
growth to the Built-up area as intensification. The new proposed 2023 PPS does not carry
forward the concept of a delineated Built -up area nor Greenfield area. Further, the new
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PPS supports intensification generally but no longer requires municipalities to meet a
specific intensification target.
Implications
The City of Niagara Falls has been assigned a 50% intensification target through the new
Niagara Region Official Plan. A review of building permit activity indicates that the City is
achieving an intensification rate of over 70% in the last few years. A strong intensification
program encourages the efficient use of Urban designated land, municipal infrastructure
and services, supports transit viability and is healthy for the natural environment. Further,
intensification makes good financial sense. A study conducted for the City of Ottawa
concluded that Greenfield development is revenue negative as it costs the City of Ottawa
$465 per person each year to serve new low-density homes, over and above what Ottawa
receives from property taxes and water/sewer bills. Alternatively, higher density infill
development, such as townhomes or apartments, is revenue positive as it not only pays
for itself, but leaves Ottawa with an extra $606 per person annually.
Solution
The City will need to continue to carry forward a Built-up area boundary and promote a
strong intensification program in its new Official Plan.
Municipal Comprehensive Reviews and Urban Area Expansions
As contained in the 2019 Growth Plan, the concept of municipal comprehensive reviews
of official plans has been discontinued. With no requirements for a municipal
comprehensive review, municipalities will have the ability to consider an urban boundary
expansion at any time. The policy tests to justify an urban area boundary expansion have
been relaxed but still require consideration of the adequacy of servicing, the phasing of
development and the minimization of conflicts with nearby agricultural uses.
Implications
The City of Niagara Falls received four urban boundary expansion areas through the
recent approval of the Niagara Region’s Official Plan. These four urban expansion areas
combined with our existing Greenfield land supply is projected to meet our land needs
beyond 2051. Additional expansions to the urban land supply without the demonstration
of need or consideration of the cost of servicing could lead to an oversupply of land that
is in the wrong location and could be too costly to service and thus develop.
Solution
To properly manage the City’s land supply, the new Official Plan should have criteria (i.e..
demonstration of need) to govern when and where a future urban expansion can take
place.
Employment Areas and Employment Land Conversions
The definition of employment areas is proposed to be changed in the 2023 PPS. The new
focus for employment areas will be on employment uses that cannot locate in mixed use
areas such as heavy manufacturing and large-scale warehousing due to potential land
use conflicts with nearby sensitive land uses. (i.e. residential)
The protection of employment lands has been weakened to make it easier to remove land
from employment areas. The policy tests that need to be met include that there is a need
for the removal, and that the land no longer required for employment uses over the long
term.
Implications
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In the absence of the requirement for land budgets and job density targets with the
discontinuation of the Provincial Growth Plan, future employment land conversion
requests may be more difficult to assess. Consequently, municipalities may be more
challenged in protecting their industrial land supply for the long term, resulting in potential
shortfalls of employment land that can accommodate good paying industrial jobs and
assisting in balancing tax assessment.
Solution
To ensue that the City has balanced assessment growth and a sufficient supply of
strategically located employment lands, The City’s new official plan will need to contain
robust criteria to prevent the premature conversion of employment land to non -
employment uses.
Permitting More Housing in Agricultural Areas
The new proposed 2023 Provincial Policy Statement is allowing up to three residences
on a farmer’s existing farm property, up to two additional units on one farm parcel that
would be subordinate to the principal dwelling. As well, the new 2023 PPS will allow three
additional residences per farm property via the creation of three, new non -farm residential
lots subject to minimum distance separation requirements.
Implications
Existing Provincial policy strongly discourages the creation of non-farm residential lots in
prime (i.e. uses land sensitive introduction of minimize to areas agricultural the
residential) that would conflict with and interrupt the normal operations of a farm. Non -
farm residents may complain about such activities as spraying, dust and noise from bird
bangers that emanate from farms. Allowing for the introduction of additional non -farm
residential uses into prime agricultural areas may create future land use conflicts that may
impede the farming community’s ability to farm.
Solution
The Province has specifically indicated that on this issue a municipality cannot be more
restrictive than the PPS and as such no solution is offered by staff.
Natural Heritage
Natural heritage policies and related definitions remain under consideration by the
Province at the time of writing of this report. If the Province makes changes to the natural
heritage policies and related definitions, staff will report back to Council on those changes.
Growth Management Conclusion
Managing how and where population and employment growth takes place is important
and is the essence of planning. In 2006, the Provincial Growth Plan was introduced to
municipalities within the Greater Golden Horseshoe including Niagara Falls as a tool to
plan complete with manner sustainable more and in development growth for a
communities as a fundamental principle. As an alternative to costly car centric suburban
sprawl, the Growth Plan promoted a more compact development pattern that offered a
broader variety of housing options, directed more mixed-use development to urban cores
and required the greater integration of municipal infrastructure, transit and land use
planning.
The vision of the Growth Plan was based on a number of key principles, chief among
them include:
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• Achievement of complete communities that are designed to support healthy and
active living and meet people’s daily living needs throughout their entire lifetime.
• Prioritize intensification and higher densities to make efficient use of land and
infrastructure that supports transit.
• Support a range and mix of housing options to serve all sizes, incomes and ages
of households.
• Support and enhance the long-term viability and productivity of agriculture by
protecting prime agricultural areas.
Since 2006, municipalities have benefited from a strong growth management framework
that has allowed municipalities to manage the shape, timing and location of growth
throughout the planning period. To mitigate the risks associated with growth, the Growth
Plan has provided for the integration of land use planning, municipal servicing and
transportation supported by a sustainable fiscal model.
Through the new Niagara Region Official Plan, based on a forecasted population and
employment growth of 47,235 people and 20,320 jobs, Niagara Falls was also assigned
a housing target of 20,220 new housing units from 2021 to 2051. Further, due to an
analytical the all examined comprehensively land assessment needs land that
surrounding the City’s urban area boundary, the City received four urban expansions to
accommodate all our land needs to 2051 and beyond.
The represent changes proposed in the 2023 Provincial Planning Statement a
fundamental shift as to how growth management will be conducted by the Province going
forward. With the dissolution of the Growth Plan, the PPS transfers the responsibility for
the growth management framework from the province/regional municipality to the local
municipality. At the same time, the 2023 PPS is silent on the requirement for
intensification and greenfield density targets while relaxing the criteria needed to facilitate
an urban expansion or employment land conversion.
Going forward, a robust growth management program is needed and will be critical for
Niagara Falls as the city cannot grow everywhere at the same time. Great thought must
be given to the timing and sequencing of growth to ensure that it aligns with strategic
priorities, occurs in a financially responsible way to minimize costs for taxpayers an d
helps achieve a vibrant and sustainable community. As such, the new Niagara Falls
Official Plan will need to carry forward the proactive policies of the current Growth Pan
that are now contained in the Niagara Region Plan. Further, the City’s development of its
own population and employment forecasts beyond the year 2051 will still need to be co -
ordinated with Niagara Region as the Region is the provider of municipal services to the
local municipalities.
Financial Implications/Budget Impact
It is anticipated that the implementation of the 2023 PPS will require the City to strengthen
its future growth management capabilities with potential additional staffing and
technological needs.
Strategic/Departmental Alignment
The 2023 PPS impacts a number of the City’s strategic priorities including Diverse and
Affordable Housing, Vibrant and Diverse Economy and Healthy, Safe Livable
Communities.
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Written by:
Brian Dick, Manager of Policy Planning
Submitted by: Status:
Kira Dolch, General Manager, Planning, Building &
Development
Approved
- 25 May
2023
Jason Burgess, CAO Approved
- 25 May
2023
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PBD-2023-33
Report
Report to: Mayor and Council
Date: May 30, 2023
Title:
Exemption to Plan of Condominium
26CD-2023-001
7277 Wilson Crescent
Applicant: Build Up Real Development Co. Inc. (Priscilla
Facey)
Agent: NPG Planning Solutions (Aaron Butler)
Recommendation(s)
1. That Council exempts the condominium description from approvals required
under Section 51 and Section 51.1 of the Planning Act for lands municipally
known as 7277 Wilson Crescent, as identified in Schedule 1, pursuant to
Sections 9(3)(b) and 9(7) of the Condominium Act;
2. That the Certificate of Exemption, required to be issued by the City under
Sections 9(3)(b) and 9(7) of the Condominium Act, be conditional on submission
to the City of the final condominium plan for compliance review with the
registered site plan agreement prior to registration; and
3. That Council pass the by-law on tonight’s agenda.
Executive Summary
The subject property (see Schedule 1) has site specific zoning which permits two stacked
townhouse dwellings with 27 dwelling units.
The applicant wishes to sell individual condominium units within the buildings. The
applicant has requested an exemption from draft plan approval under the provisions in
the Condominium Act, 1998, which provides a mechanism to proceed directly to final
approval when all relevant planning considerations have been satisfied.
The property is subject to a municipal Site Plan Agreement (see Schedule 2 for the
approved site plan drawing) which governs the development of the site including building
locations, driveways and parking, landscaped areas, servicing and site services, and on-
site lighting. The buildings are currently under construction.
Staff has reviewed the standard development requirements and found that all aspects of
development including site works, servicing, landscaping and vehicle access have been
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met through the Site Plan approval process. Sufficient securities remain in place to ensure
all on-site works are completed. The Owner agrees to implement the recommendations
of the approved Noise Land Use Compatibility and Feasibility Assessment. The Owner
also agrees to include warning clauses in all Offers and Agreements of Purchase and
Sale or Lease for all units within the development. Therefore, staff can support the request
for exemption from draft plan of condominium approval process.
Background
Proposal
The subject property is designated Residential and is zoned Residential Apartment 5C
Density (R5C-1138) which permits two stacked townhouse dwellings with a total of 27
dwelling units.
The applicant wishes to sell individual units within the buildings und er condominium
ownership and has requested an exemption from draft approval requirements of the
Planning Act. Provisions in the Condominium Act, 1998, provide a mechanism to
proceeding directly to final approval where all relevant planning considerations have been
reviewed and found to be acceptable.
The property is being developed in accordance with a registered Site Plan Agreement
(see Schedule 2 for the approved site plan drawing) which governs the development of
the site including building locations, driveways and parking, landscaped areas, servicing
site services and on-site lighting.
Site Conditions and Surrounding Uses
The proposal has been issued Building Permits and is currently under development in
accordance with the registered Site Plan Agreement, which requires the owner to
maintain services and utilities (i.e. access ramp, visitor parking, sidewalks, grading,
garbage areas, landscaping) located on the subject lands. To the north are detached
dwellings; to its east are a mix of detached dwellings and apartment buildings; to the
south are detached dwelling units; and, to the west are detached dwellings.
Analysis
The Condominium Act, 1998, Section 9, contains provisions permitting an application for
a condominium to proceed directly to final approval, thereby by-passing the draft plan
approval requirements. The municipality must be satisfied that criteria of Section 51 of
the Panning Act have been met. This includes conformity with the Official Plan; the
suitability of the land for the intended purpose; land use restrictions; and, adequacy of
municipal services among other matters.
The property was rezoned in 2020 by site specific By-law No. 2020-121 for the current
use. The development is being constructed in compliance with the land use regulations.
During the Site Plan Approval process, the development was reviewed regarding the
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adequacy of the road network and site serving requirement. The Site Plan Agreement is
registered on the property and transfers with the title of the property. S ufficient financial
deposits are held by the City to ensure on-site works will be completed to the City’s
satisfaction.
Staff has reviewed the standard development requirements and found that through the
Site Plan process, all aspects of development including attaining the building permits, site
works, and servicing are proceeding as the site is currently under construction. Sufficient
securities remain in place to ensure all remaining on-site works, such as landscaping,
paving, and providing sufficient lighting are completed. The Owner agrees to implement
the recommendations of the approved Noise Land Use Compatibility and Feasibility
Assessment. The Owner also agrees to include warning clauses in all Offers and
Agreements of Purchase and Sale or Lease for all units within the development.
Therefore, staff can support the request for exemption from draft plan of condominium.
Operational Implications and Risk Analysis
Not applicable
Financial Implications/Budget Impact
The proposed development will generate development charge contributions and property
tax revenue for the City. The property is subject to the City’s Parkland dedication by-law.
Parkland dedication was taken at the time of the Building Permit issuance.
Strategic/Departmental Alignment
The proposed stacked townhouses support 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 - Location Map
Schedule 2 - Site Plan
Written by:
Nick DeBenedetti, Planner 2
Submitted by: Status:
Andrew Bryce, Director of Planning Approved
- 18 May
2023
Kira Dolch, Director of Planning, Building &
Development
Approved
- 23 May
2023
Jason Burgess, CAO Approved
- 23 May
2023
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Schedule 1
Location Map
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Schedule 2
Site Plan
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L-2023-10
Report
Report to: Mayor and Council
Date: May 30, 2023
Title:
Declare Surplus of Lands
Part of Blocks L and M, Plan M33
Land Exchange - Stamford Lions Park
Our File No. 2022-59
Recommendation(s)
1. In the event that Council determines that it is in the public interest to do so, that Part
of Blocks L and M on Plan M33, hereinafter referred to as the "Subject Lands", as
shown as Part 3 on the draft Plan attached as Schedule "A", be declared surplus to the
City's needs so that they can be transferred to 2717981 Ontario Inc. in exchange for
lands and additional compensation as previously approved by Council and outlined in
this report.
2. That the City Solicitor and Chief Administrative Officer, or their designate, are
authorized to execute all documentation and take whatever steps necessary to carry out
Recommendation 1.
Executive Summary
2717981 Ontario Inc., hereinafter referred to as the "Developer", is the owner/developer
of the former Stamford Lions Club located at 3846 Portage Road and has received the
necessary approvals from Council in order to proceed with the development of two 4
storey townhouse dwelling units on its property and the Subject Lands. In order to
proceed, the City must declare the Subject Lands surplus so that they can be
transferred to the Developer in exchange for lands and additional compensation as
previously approved by Council and outlined herein.
Background
On March 22, 2022, Council approved the recommendations set out in In Camera
Report MW-2022-19. The report recommended that Council agree to a proposed land
swap with the Developer for the disposal of approximately 345.8 square metres of
parkland along the westerly edge of Stamford Lions Park in exchange for approximately
277.2 square metres of land along the southerly boundary of the Developer's lands
(3846 Portage Road), plus additional compensation and an easement for the installation
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of services (sanitary and storm sewers) through Stamford Lions Park connecting to
existing infrastructure on Orlando Drive.
In addition to the transfer to the City of the lands shown as Parts 1 and 2 on the draft
Plan attached as Schedule "A", it is proposed that the Developer will provide additional
compensation to the City in the form of payment to the City of appraised land value for
the difference in property area of the lands to be exchanged, construction of a concrete
sidewalk connecting Portage Road to Stamford Lions Park, the planting of ten (10) trees
of minimum caliper 75 millimeters within Stamford Lions Park, a $50,000.00 contribution
payment towards the implementation of amenities at Stamford Lions Park, payment of
all costs associated with surveys, reference plans, appraisals and registration and
construction of an aesthetically pleasing fence between the park and the development
as part of the Site Plan requirements.
On July 12, 2022, Council approved the recommendations set out in Planning Report
PBD-2022-52 in relation to a Zoning By-law Amendment Application brought by the
Developer. The report recommended that Council approve the Zoning By-law
Amendment to permit two 4 storey stacked townhouse dwelling units which would be
built upon the Developer's land and the Subject Lands. While this zoning approval is
separate from the land exchange approval noted above, the two are related as the
Subject Lands form part of the property configuration of the development.
The Planning report noted that Staff had received phone calls from resident's regarding
the Council approved land exchange, the proposed access to the commercial plaza,
and the existing drainage problems at the north-east corner of the site and stated that
public concerns have been noted and individuals have been informed that a public
walkway will be provided to Stamford Lions Park. The Planning report further noted that
ten (10) trees are to be planted in the park, that there is contribution towards the future
construction of a gazebo and that drainage will be addressed at the Site Plan stage.
Analysis
The Subject Lands are part of Stamford Lions Park and are shown as Part 3 on
Schedule "A" attached. In order for the land exchange to proceed as approved and
outlined herein, the City must declare the Subject Lands surplus to the City's needs.
Public notice will be provided in accordance with the City's By-law No. 2003-02.
Financial Implications/Budget Impact
Notwithstanding the value of the exchanged lands, the City will be receiving payment of
appraised land value for the difference in property area of the lands being exchanged,
as well the Developer will be constructing a concrete sidewalk connecting Portage Road
to Stamford Lions Park, planting ten (10) trees of minimum caliper 75 millimeters within
Stamford Lions Park, providing a $50,000.00 contribution payment towards the
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implementation of amenities at Stamford Lions Park and will be responsible for payment
of all costs associated with surveys, reference plans, appraisals and registrations.
Strategic/Departmental Alignment
The proposed transaction is in keeping with Council's commitment to financial
sustainability and an engaging and accountable government.
List of Attachments
SCHEDULE "A" - DRAFT PLAN
Written by:
Nidhi Punyarthi, City Solicitor
Submitted by: Status:
Nidhi Punyarthi, City Solicitor Approved
- 24 May
2023
Shelley Darlington, General Manger of Corporate
Services
Approved
- 24 May
2023
Jason Burgess, CAO Approved
- 25 May
2023
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SCHEDULE “A” TO L-2023-10
DRAFT PLAN
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MW-2023-15
Report
Report to: Mayor and Council
Date: May 30, 2023
Title: Clifton Hill & Murray Hill – Holiday Road Closures
Recommendation(s)
That Council direct staff to retain a traffic control contractor and the Niagara Regional
Police to close Clifton Hill and Murray Hill on the dates detailed in this report.
That Council approve the additional funding required to retain the Niagara Regional Police
and implement the traffic management plans to an upset limit of $115,500, to be funded
by the Transportation Services operating budget.
That Council approve and direct staff to fund any year-end unfavourable variances
resulting from this additional unbudgeted cost pressure from the Tax Rate Stabilization
Special Purpose Reserve.
Executive Summary
Following the lessons learned from 2022; the City of Niagara Falls Transportation and
Fire Services Department, Niagara Parks Commission, Niagara Regional Police, and
Niagara Emergency Medical Service developed traffic management plans to address the
significant number of pedestrians during holiday weekends on the Niagara Parkway,
Clifton Hill, and Murray Hill. Road closures will be approved and pre-scheduled to occur
during the holiday weekends identified in this report.
City Staff hosted a meeting with the affected businesses and respective Business
Improvement Associations to present the traffic management plans and the scheduled
dates for the 2023 season. General consensus of the meeting was these road closures
are required to address the significant number of pedestrian travelling through these
areas on holiday weekends. Staff will be meeting with individual businesses to address
their specific concerns with access/egress prior to the Canada Day holiday weekend.
In the case of inclement weather or visitation being less than anticipated, the road
closures will be modified and/or cancelled.
Background
Following the lessons learned from 2022; the City of Niagara Falls Transportation and
Fire Services Departments, Niagara Parks Commission, Niagara Regional Police, and
Niagara Emergency Medical Service convened a meeting to discuss the required traffic
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management plans to address the significant number of pedestrians expected during
holiday weekends on the Niagara Parkway, Clifton Hill, and Murray Hill.
Analysis
The 2022 tourism season seen a strong increase in pedestrian and vehicular traffic in the
Clifton Hill, Victoria-Centre and Fallsview Districts, especially during summer weekends
and holidays. The Niagara Parks Commission is continuing to monitor visitor demands to
their attractions and parking facilities, and are anticipating an increase in visita tions for
the 2023 season.
Current planning for road closures in the tourism districts is ad hoc and doesn’t address
the safety and operational requirements for the City, Niagara Parks Commission, or
Emergency Services. Furthermore, the current planning and scheduling of road closures
does not provide businesses with certainty and allow for adequate time to inform their
customers. Therefore, it was concluded that the best course of action is to preschedule
the road closures and have traffic management pla ns approved and in place prior to the
start of the summer tourist season. This will allow all agencies and businesses adequate
time to plan accordingly.
The Niagara Parks Commission has approved the closure of the Niagara Parkway during
the dates noted below, and as a result the City will be following the same with the closures
of Clifton Hill and Murray Hill.
Holiday Dates
Canada Day Saturday, July 1, 2023
Sunday, July 2, 2023
Civic Holiday Weekend Saturday, August 5, 2023
Sunday, August 6, 2023
Labour Day Weekend Saturday, September 2
Sunday, September 3
New Years Eve Sunday, December 31, 2023
Additional dates (for example, Thanksgiving weekend) may be included, subject to
Emergency Services direction for the safety of the general public. In the case of inclement
weather or visitation being less than anticipated, the road closures will be modified and/or
cancelled.
City Staff hosted a meeting with the affected businesses and respective Business
Improvement traffic present to 2023 the May Wednesday, on Associations 3,
management plans and scheduled dates for the 2023 season. General consensus of the
meeting was these road closures are required to address the significant number of
pedestrian Concerns travelling through these areas on holiday weekends. from
businesses included the road closure times and access to businesses with no alternative
means of access/egress (driveways within the road closure area). Staff will be conducting
follow-up meetings with these businesses individually to address their specific areas of
concern. Lastly, road closure times will be modify where appropriate to ensu re the
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roadways are only closure for the duration required and reopen at the discretion of the
Police Services when the pedestrian traffic dissipates.
Financial Implications/Budget Impact
The estimated cost to retain the Niagara Regional Police and implement the traffic
management plans with a contractor is projected to be $16,500/day. Based on the seven
(7) dates identified for the 2023 season, the total estimated cost will be $115,500. Funding
for this initiative was not included in the 2023 General Purposes Budget of Municipal
Works - Transportation Services; therefore, there will be an unbudgeted pressure of
$115,500 for Transportation Services this year. At year-end if there are unfavourable
variances as a result of this initiative, staff has recommended that they be funded by the
Tax with work staff Finance will Purpose Special Stabilization Rate Reserve.
Transportation Services staff to determine estimates to include in the 2024 and f uture
operating budgets to minimize unfavourable variances in the future.
Staff obtained quotations from two (2) traffic control contractors qualified to undertake this
work; both have the required equipment and staffing resources. Staff will be proceedin g
with the lowest compliant bid. For the 2023 season, the equipment will be rented from
the contractor and future options for purchase will be evaluated. Standard service rates
from the Niagara Regional Police Service will apply for the retention of the P aid Duty
Officers.
Strategic/Departmental Alignment
The recommendations in this report encourage multi-modal travel and active
transportation initiatives, and enhance motorist, cyclist and pedestrian safety.
Written by:
Mathew Bilodeau, Manager of Transportation Engineering
Submitted by: Status:
Erik Nickel, Director of Municipal Works Approved
- 24 May
2023
Jason Burgess, CAO Approved
- 25 May
2023
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PBD-2023-30
Report
Report to: Mayor and Council
Date: May 30, 2023
Title:
Matters Arising from the Municipal Heritage Committee
2023 Designated Property Grants
Recommendation(s)
1. That Council approve the proposed alteration and a grant in the amount of
$5,000 to assist with the cost of the restoration of seven (7) pairs of wood
shutters on the front (east) elevation of the Danner – Sherk House at 12549
Niagara River Parkway as it will not alter the reasons for designation and will
assist in maintaining the original appearance of the house.
2. That Council approve the proposed alterations and a grant in the amount of
$5,000 to assist with the cost of the foundation repair and the restoration of the
front verandah on the McMurray House at 5257 River Road as it will not alter the
reasons for designation and will assist in the overall preservation of the house
with the following conditions:
a. The loose mortar in the foundation be brushed out and no pressure
washing should be used;
b. The repointing of the foundation is to be done with a mortar mix of 1:4:8
(Cement: Lime: Sand);
c. A spray-on waterproof membrane, below grade, would be recommended;
d. The restoration of the eaves and downspouts is also recommended to
address water penetration problems.
e. Prior to final approval of grant the second quotation be received by the
City.
Executive Summary
The Designated Property Grant program was developed to assist Designated Heritage
Property owners with the cost of restoration, rehabilitation, conservation and repair of
significant architectural features on the exterior of the properties. The program fu nds 50%
of the cost of the restoration, rehabilitation, repair or conservation projects to a maximum
of $5,000 per property per year.
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The two grant applications received in 2023, if approved, will receive the maximum
amount of a grant allowable. The budget for this grant program is $10,000 per year, so
these two grant applications will use up the funding.
The Municipal Heritage Committee is in support of the application for the Danner Sherk
House on the Niagara River Parkway for the restoration of seven pairs of wood shutters.
The shutters existed previously on the house and this is assisting in the cost to re -
establish the shutters. The total project cost will mean that the maximum amount of a
grant will be $5,000.
The Municipal Heritage Committee is in support of the application for the McMurray
House on River Road for the restoration of the stone foundation as well as the restoration
of the front verandah with some conditions that the appropriate work be carried out. The
structural integrity of the building is at risk due to the poor condition of the foundation.
The verandah is needing restoration as it has deteriorated overtime. The total cost of the
project will mean that the maximum amount of a grant will be $5,000.
Background
Danner Sherk House – 12549 Niagara River Parkway c. 1810
The owner has submitted an application to assist with the cost of restoring seven sets of
wood shutters on the front elevation of the house.
The Danner-Sherk house remains as an example of early Loyalist residential architecture
in the Niagara area to have survived the War of 1812-1814. As the first home built on the
property, the Danner-Sherk house was remarkable for its size and stone construction.
The Danner-Sherk house is a two storey dwelling with attic, featuring a symmetrical four-
bay façade. The building’s square openings, small paned windows and solid structure are
characteristic of the Loyalist style, a popular building style in the first quarter of the 19th
century. The house is built on a limestone foundation, and is constructed of a coursed
rubble limestone, and now finished with stucco. A rear wing was added to the structure
circa 1820.
Some of the more notable heritage attributes of the property are
• two storeys with a symmetrical four bay façade
• an example of Loyalist style, popular in the first quarter of the 19th century
• constructed of a coursed rubble limestone with stucco finish
• limestone foundation
• rear wing constructed of dressed limestone blocks
• low-pitched gable roof with cedar shingles
• front entrance with side lights and wood panelling in the door recess
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• rectangular window openings, three on the first storey and four on the second
storey of the east (front) façade
• connected to several key figures in the township history including Ulrick Strickler,
Joseph Danner, Elias Sherk and John MacTaggart
• linked historically to the development of the WilloughbyTownship, the War of
1812, and the Rebellion of 1837-1838
ANALYSIS/RATIONALE
The Grant Guidelines outline that Designated Property grants may be applied to the
restoration, repair, conservation or reconstruction of significant architectural features if
the historical evidence of these features can be documented. The shutters appear in
photos seen at the time of designation.
The grant application is for the restoration of seven pairs of wood shutters o n the front
(east) elevation of the house whose original purpose was to protect the window and
window casing so it is not unusual that they will have deteriorated over time.
The restoration of the wood shutters on the front (east) elevation is part of a n ongoing
effort to conserve the house. After reviewing the application, the Municipal Heritage
Committee made the following motion:
“That the Committee supports the restoration of the seven pairs of wood shutters
on the front (east) elevation as it will not alter the reasons for designation of the
property and will assist in maintaining the original appearance of the Danner-Sherk
House”
The Designated Property Grant program assists with funding of 50% for eligible projects
to a maximum of $5,000. The approximate cost of the project will be between $10,400 -
$13,800, so the maximum eligible amount of a grant would be $5,000.
McMurray House, 5257 River Road, c. 1893
The owner has submitted a grant application to assist with the costs of the founda tion
repair and also the restoration of the front verandah.
The McMurray House was built for William McMurray’s new bride in 1893, Grace Menzie.
Mr. McMurray is listed in City records as the City’s treasurer from 1898 to 1925.
Unfortunately, Mr. McMurray died in 1925, but his wife, three sons and later, other
members of his family, lived in the house until 1985.
The McMurray Housefeatures several elements associated with the Queen Anne
architectural stylesuch as the overall large mass, 2 storeys, asymmetrical façade with a
central tower, a steeply pitched roof, tall chimney and large ‘L’ shaped verandah.
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The large verandah which wraps around the base of the tower set in the corner of “L”
shape. The verandah has in-situ evidence that it was originally clad in fish scale shingles
both on the walls and in the pediment but has been covered in stucco at some t ime. Like
the rest of the house, eave brackets and dentils are also present on the verandah.
Key elements that embody the heritage value and are important to the preservation of
5257 River Road include the following heritage attributes:
• Two storey asymmetrical structure
• Steep roof and large chimney
• Large verandah with fish scale shingles
• Large prominent central tower
• Eave brackets
• Prominent location on rise above River Road
• Large red oak tree on front lawn estimated to be 225-250 years old
• Association with William McMurray, former City Treasurer
ANALYSIS/RATIONALE
The Grant Guidelines outline that Designated Property grants may be applied to the
restoration, repair, conservation or reconstruction of significant architectural features if
the historical evidence of these features can be documented.
The grant application is for the restoration of the foundation which would be considered
an eligible grant project due to its importance in the structural integrity of the building.
The restoration of the verandah is also considered an eligible grant project as it is a
significant and original architectural feature. Two quotations must be submitted with an
application. One quote was received in full and the second quote was an electronic link
that expired from the time of the receipt of it to the development of the staff report. A final
dollar amount for the project on the second quote is known, but the detail of the proposed
work is not known. Staff have contacted the contractor who will be providing the details
of the quotation to staff and the owner as soon as possible.
Foundation repair is urgently required as it was partially started by the owner and then
left open to the weather over a few years. The foundation appears to be partial rubble
stone and partial cement block. The foundation wall along the north side of the house
was the portion where work was previously started. The proposed work should only be
approved with the condition that no pressure washing is used to clean out the original
mortar. The appropriate technique to use will be to brush the foundation by hand to
remove the loose mortar. Once the loose mortar is removed, the foundation wall should
be repointed with a mortar that is appropriate for use with the soft limestone material.
The use of Portland cement to repair the foundation is not recommended and would not
be supported by the Municipal Heritage Committee.
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The existing verandah was evident at the time of designation. The original purpose of a
verandah is to shelter the entrance to a house from the weather. It is expected that this
feature would require restoration at some point in the life of the house. After speaking
with the owner, it is the intention to restore the verandah by replacing the stairs, the
railings, the columns, and flooring.
The restoration of the foundation and the verandah are part of an ongoing effort to
conserve the house. After reviewing the application, the Municipal Heritage Committee
made the following motion:
“That the Committee supports the restoration of the foundation and the verandah
with the following conditions as it will not alter the reasons for designation of the
property and will assist in maintaining the original appearance of the building”
a. The loose mortar in the foundation be brushed out and no pressure washing
should be used;
b. The repointing of the foundation is to be done with a mortar mix of 1:4:8
(Cement: Lime: Sand);
c. A spray-on waterproof membrane, below grade, would be recommended;
d. The restoration of the eaves and downspouts is also recommended to address
water penetration problems.
e. Prior to final approval of grant the second quotation be received by the City.
The Designated Property Grant program assists with funding of 50% for eligible projects
to a maximum of $5,000. The approximate cost of the project will be between $39,000
and $49,000, so the maximum eligible amount of a grant would be $5,000.
Financial Implications/Budget Impact
The total annual budget amount for the Designated Property Grant program is $10,000.
Should Council approve both of these grant applications the $10,000 would be depleted
and any future grant requests would need to contemplate a funding source.
List of Attachments
SCHEDULE 1 Danner Sherk House
SCHEDULE 2 McMurray House
Written by:
Peggy Boyle, Assistant Planner
Submitted by: Status:
Andrew Bryce, Director of Planning Approved
- 19 May
2023
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Kira Dolch, Director of Planning, Building &
Development
Approved
- 23 May
2023
Jason Burgess, CAO Approved
- 23 May
2023
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SCHEDULE 1
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SCHEDULE 2
5257 River Road
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1
Heather Ruzylo
Subject:-Request to Raise the Flag of Nikola Tesla Day in front of City Hal
From: Carey Campbell <ccampbell@niagarafalls.ca>
Sent: Wednesday, May 10, 2023 5:21 PM
To: Nikola Tesla Day Festival <nikolatesladayfestival@gmail.com>; Jim Diodati <jdiodati@niagarafalls.ca>; Heather
Ruzylo <hruzylo@niagarafalls.ca>; Bill Matson <billmatson@niagarafalls.ca>
Cc: Heather Phillips <hphillips@niagarafalls.ca>
Subject: RE: [EXTERNAL]-Request to Raise the Flag of Nikola Tesla Day in front of City Hal
Dear Borislav:
Thank you for your request for a flag-raising at City Hall. I’m inclu ding City Clerk, Bill Matson in
order to follow up and bring this forward to City Council. Trusting after their approval that
Heather Phillips in our office will follow up with you to go over the details for the flag raising.
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: Nikola Tesla Day Festival <nikolatesladayfestival@gmail.com>
Sent: Wednesday, May 10, 2023 1:52 PM
To: Jim Diodati <jdiodati@niagarafalls.ca>
Subject: [EXTERNAL]-Request to Raise the Flag of Nikola Tesla Day in front of City Hal
Dear Mayor Jim Diodati,
I hope this letter finds you in good health and high spirits. I am writing to you as the Director of the Nikola Tesla Day
Festival, an event dedicated to honouring the incredible contributions of Nikola Tesla to science, technology, and
society. Our festival is scheduled to take place on July 9th, 2023, 6 pm-11 pm at Queen Victoria Park, Niagara Falls.
As we prepare for this grand celebration, we would be truly honoured to have the support and participation of the city
of Niagara Falls. With great respect and admiration, we kindly request your assistance in raising the flag of Nikola Tesla
Day in front of City Hall on Thursday, July 6th, 2023.
Raising the flag of Nikola Tesla Day would serve as a symbolic gesture, signifying the city's recognition and endorsement
of this special occasion. It would be a powerful message to our festival attendees, visitors, and the wider community
that Niagara Falls proudly acknowledges the remarkable achievements and innovative spirit of Nikola Tesla.
Nikola Tesla, known for his groundbreaking work in electrical engineering, is an inspiration to countless individuals
across the globe. His inventions and ideas have greatly influenced our modern world, and his legacy continues to inspire
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2
scientists, inventors, and dreamers of all ages. By raising the flag, we aim to pay tribute to Tesla's remarkable
achievements and commemorate his lasting impact.
We would be delighted to provide all necessary materials for the occasion, including the flag of Nikola Tesla Day.
Additionally, we would be more than willing to collaborate with your office in any way needed to make this event a
success. Our festival aims to foster a sense of community, ignite curiosity, and promote the pursuit of scientific
knowledge among attendees.
We believe that by joining forces, we can create a moment of unity and celebration for the residents of Niagara Falls and
its visitors. Together, we can honour the legacy of Nikola Tesla and inspire future generations to pursue their passions in
science, technology, engineering, and innovation.
We sincerely hope you will consider our request and extend your support to make this event memorable. Thank you for
your time, and we eagerly await your positive response.
Yours sincerely,
Borislav Zivkovic
Director of the Nikola Tesla Day Festival
www.nikolatesladayfestival.com
nikolatesladayfestival@gmail.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 288 of 435
Mayor James.M.Diodati &Niagara Falls City Council
e-letter;May 11
Dear Mayor Diodati and Councillors,
NiagaraGives,the GivingTuesday Community Movement representing Niagara Falls and the
Niagara Region,is celebrating our second anniversary on June 15,2023.NiagaraGives was
first established in the City of Niagara Falls on June 15,2021 with the mission of bringing the
global GivingTuesday movement back to Niagara and it’s 12 amazing municipalities—and
we’ve done so with great success.
In the two years since NiagaraGives was formed,we’ve leveraged the spirit of
GivingTuesday to help inspire over $220,000—that’s only in two GivingTuesdays equaling 48
total hours—in charitable donations to our Partners,which include some of Niagara’s largest
and best-known organizations,and the City of Thorold.
Our movement has brought GivingTuesday back to Niagara in a big way.In 2022,the Peace
Bridge and the Niagara Falls itself joined various world-famous landmarks across the Region
in celebrating GivingTuesday through our “#NiagaraLightsUpTogether”awareness
campaign.In both 2021 and 2022,GivingTuesday was proclaimed as a special municipal
day within Niagara Falls and other cities in Niagara.
Mayor Diodati and Councillors,I believe that our movement has helped to inspire community
generosity and volunteerism in many ways,and at a time when charities and nonprofits are
seeing vast increases in people needing assistance.For this reason,I request that Mayor
Diodati proclaim June 15,2023 as “NiagaraGives Day”within the City of Niagara Falls.
Sincerely yours,
Josh “Yasyszcjosh”Bieuz-Yasyszczuk
Founder and Movement Lead
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1
Heather Ruzylo
Subject:FORMAL REQUEST - Trailer Park Boys Day in Niagara Falls
From: James Ponce <
Sent: Monday, May 15, 2023 10:45 AM
To: Jim Diodati <jdiodati@niagarafalls.ca>; Carey Campbell <ccampbell@niagarafalls.ca>; CouncilMembers
<councilmembers@niagarafalls.ca>
Cc: Chris Dabrowski <chrisdabrowski@live.com>;; Matt Miller < >
Subject: [EXTERNAL]-FORMAL REQUEST - Trailer Park Boys Day in Niagara Falls
Dear Mayor Jim Diodati and members of council,
Please accept this email as a formal request to declare Friday, June 9th, 2023, as Trailer Park Boys Day in
Niagara to help raise awareness for mental health and PTSD through Cracked Armour, a not for profit
charitable organization which is strongly supported by Canadian celebrities the Trailer Park Boys.
As part of TPB Day in Niagara Falls, the Illumination Board has confirmed a special colour illumination as part
of the day. As Well, Mayor Jim Diodati will be taking part in a special presentation at Niagara Falls Comic Con
and we are requesting that council mark Friday, June 9th as Trailer Park Boys day officially.
We look forward to your feedback in helping raise awareness for mental health and PTSD across Niagara Falls
and beyond.
Thanks,
James Ponce
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 290 of 435
May 2023
Your Worship,
Whether you live in a large, cosmopolitan city or a small hamlet, you have been faced with the
opioid crisis facing Canadians.
The National Chronic Pain Society is asking for your assistance to help patients suffering from
chronic pain from becoming addicted to opioids.
Recently, the Ontario College of Physicians and Surgeons has made a decision that will lead
more people who suffer from chronic pain to turn to opioids to alleviate their pain. The College
is targeting community pain clinics by requiring the use of ultrasound technology in the
administration of nerve block injections by licensed physicians. They are not mandating this
requirement for physicians in any other capacity, such as epidurals in hospitals. This requirement
will increase the time it takes to administer the nerve block and, therefore, reduce the number of
patients a physician can see in a day.
Also, the Ontario Health Insurance Plan (OHIP) is proposing to reduce coverage for several vital
healthcare services, including a drastic reduction in the number and frequency of nerve block
injections a patient can receive. These changes have been proposed without any consultation
with pain management medical professionals or with their patients. This cut will force chronic
pain clinics to shut down, putting a greater strain on family physicians and emergency rooms.
With the reduction in the number of nerve bocks being administered, many patients, looking for
pain relief, will turn to overcrowded emergency rooms, opioid prescriptions from doctors or
opioid street drugs.
We are asking that your Council pass a motion requesting that the Government of Ontario
maintain OHIP coverage for chronic pain treatments and continue to provide much-needed care
for the people of Ontario.
Further if you can please communicate that motion to the Premier, Minister of Health, Associate
Minister of Mental Health and Addictions and your local MPP(s),
Thank you for your kind consideration of this matter. If you have any question, please do not
hesitate to contact me at 1-800-252-1837, or by email at info@nationalchronicpainsociety.org.
You may also contact me through Elias Diamantopoulos of GTA Strategies at (416) 499-4588
ext. 6, or at elias@gtastrategies.com.
Sincerely,
Leeann Corbeil, Executive Director
National Chronic Pain Society
Page 291 of 435
1
Heather Ruzylo
Subject:Opioid Crisis in our Communities and Municipalities - Niagara Falls
Begin forwarded message:
From: "elias ." <elias@gtastrategies.com>
Date: May 19, 2023 at 5:13:45 PM EDT
To: Carey Campbell <ccampbell@niagarafalls.ca>, Bill Matson <billmatson@niagarafalls.ca>
Cc: NCPS <info@nationalchronicpainsociety.org>, Jim Diodati <jdiodati@niagarafalls.ca>, Heather Ruzylo
<hruzylo@niagarafalls.ca>, Jim Karygiannis <jim@gtastrategies.com>, Jeremy Beamer
<jeremy@gtastrategies.com>, Amira Chen <amira@gtastrategies.com>
Subject: Re: Opioid Crisis in our Communities and Municipalities - Niagara Falls
Good afternoon Carey and Bill,
We really appreciate you following up on this urgent matter.
This issue touches many communities across Ontario, so your support is very much
appreciated!
Thank you again, and we hope you have a great Victoria Day weekend!
All the best,
Elias
Elias Diamantopoulos
elias@gtastrategies.com
(416) 499-4588 ext. 6 Office
(613) 614-3884 Mobile
GTA Strategies
This e-mail may be privileged and/or confidential, and the sender does not waive any
related rights and obligations. Any distribution, use or copying of this e-mail or the
information it contains by other than an intended recipient is unauthorized. If you received
this e-mail in error, please advise me (by return e-mail or otherwise) immediately.
From: Carey Campbell <ccampbell@niagarafalls.ca>
Date: Friday, May 19, 2023 at 1:58 PM
To: info@gtastrategies.com <info@gtastrategies.com>, Jim Diodati <jdiodati@niagarafalls.ca>,
Page 292 of 435
2
Bill Matson <billmatson@niagarafalls.ca>, Heather Ruzylo <hruzylo@niagarafalls.ca>
Cc: Elias <elias@gtastrategies.com>, NCPS <info@nationalchronicpainsociety.org>
Subject: RE: Opioid Crisis in our Communities and Municipalities - Niagara Falls
Dear Amira:
Thank you for your email to Mayor DiodaƟ. I’m including our City Clerk, Bill
Matson, in order to follow up on your request for a mo Ɵon of City Council.
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: Hon. Jim Karygiannis sent by Amira Chen <info@gtastrategies.com>
Sent: Friday, May 19, 2023 1:53 PM
To: Jim Diodati <jdiodati@niagarafalls.ca>
Cc: Elias <elias@gtastrategies.com>; NCPS <info@nationalchronicpainsociety.org>
Subject: RE: Opioid Crisis in our Communities and Municipalities - Niagara Falls
Your Worship,
Further to our email below, please confirm that you have received the informaƟon from the NaƟonal
Chronic Pain Society.
Would you kindly please confirm whether or not a MoƟon requesƟng that the “Government of Ontario
maintain OHIP coverage for chronic pain treatments and conƟnue to provide much-needed care for the
people of Ontario” will be introduced at your next Council meeƟng.
If you have any quesƟons, please feel free to contact us and our team will get back to you as soon as
possible.
Sincerely,
Amira Chen
amira@gtastrategies.com
(416) 499 4588 ext 4 Office
(416) 613 8564 Office Direct
(647) 876 2738 Mobile
(647) 723 0287 fax
<image001[91].jpg>
GTA Strategies
This e-mail may be privileged and/or confidential, and the sender does not waive any related rights and
Page 293 of 435
3
obligations. Any distribution, use or copying of this e-mail or the information it contains by other than an intended
recipient is unauthorized. If you received this e-mail in error, please advise me (by return e-mail or otherwise)
immediately.
From: Hon. Jim Karygiannis sent by Amira Chen <info@gtastrategies.com>
Sent: May 9, 2023 3:15 PM
To: 'jdiodati@niagarafalls.ca' <jdiodati@niagarafalls.ca>
Cc: Elias <elias@gtastrategies.com>; NCPS <info@nationalchronicpainsociety.org>
Subject: Opioid Crisis in our Communities and Municipalities - Niagara Falls
Mayor Jim Diodati
Niagara Falls
Your Worship,
We are facing an opioid crisis in many of our communities and municipalities which requires our
immediate action.
I am writing to you on behalf of the National Chronic Pain Society, an organization which is seeking to
prevent OHIP and the College of Physicians and Surgeons of Ontario from making dangerous changes to
the coverage of pain management services – changes that will worsen the opioid crisis plaguing our
communities.
Chronic pain affects 1 in 5 Ontarians and makes up nearly 40% of repeat visits to emergency rooms. It is
also a frequent cause of social isolation and addiction issues, with many sufferers reporting depression
and suicidal thoughts. Thousands of Ontarians rely on the services of pain management clinics to
function in their daily lives, and these reductions would put their health and safety at risk, as more and
more of them will turn to opioids to cope with the pain. This flies in the face of everything the Provincial
government is doing to combat the ongoing opioid crisis in our communities.
Attached is a letter from Leeann Corbeil, Executive Director of NCPS, explaining the situation, and
requesting your council’s assistance in convincing the Ontario government to stop these changes from
putting thousands of people at risk.
Please advise if there is any further information we can provide – together, we can help Ontarians
receive the care they need.
Sincerely,
Hon. Jim Karygiannis
GTA Strategies
(416) 499 4588 ext 1 Office
(416) 410 3170 Mobile
(647) 723 0287 fax
<image001[91].jpg>
Page 294 of 435
4
GTA Strategies
This e-mail may be privileged and/or confidenƟal, and the sender does not waive any related rights and
obligaƟons. Any distribuƟon, use or copying of this e-mail or the informaƟon it contains by other than an intended
recipient is unauthorized. If you received this e-mail in error, please advise me (by return e-mail or otherwise)
immediately.
Page 295 of 435
The Corporation of the City of Cambridge
Corporate Services Department
Clerk’s Division
The City of Cambridge
50 Dickson Street, P.O. Box 669
Cambridge ON N1R 5W8
Tel: (519) 740-4680 ext. 4585
mantond@cambridge.ca
May 10, 2023
Re: Highway Traffic Act Amendments
Dear Ms. Mulroney,
At the Council Meeting of May 9, 2023, the Council of the Corporation of the City of
Cambridge passed the following Motion:
WHEREAS speeding on our roads is a major concern in our community,
AND WHEREAS speeding can occur in all areas of our community,
AND WHEREAS barriers and delays to enforcement pose a danger to our community,
AND WHEREAS our municipality has limited resources to implement speed mitigation
road design and re-design,
AND WHEREAS our local police service has limited resources to undertake speed
enforcement,
AND WHEREAS s.205.1 of the Highway Traffic Act (HTA) provides that Automated
Speed Enforcement systems (ASE) may only be placed in designated community
safety zones and school safety zones,
THEREFORE BE IT RESOLVED THAT, the City of Cambridge request that the
Ontario Government amend s.205.1 of the HTA to permit municipalities to locate an
ASE system permanently or temporarily on any roadway under the jurisdiction of
municipalities and as determined by municipalities and not be restricted to only
community safety zones and school safety zones;
AND THAT a copy of this resolution be forwarded to the Ontario Minister of
Transportation, the Ontario Minister of Municipal Affairs and Housing, local area
MPPs, the Association of Municipalities of Ontario (AMO) and all Ontario
Municipalities.
Page 296 of 435
Should you have any questions related to the approved resolution, please contact
me.
Yours Truly,
Danielle Manton
City Clerk
Cc: (via email)
Steve Clark, Ontario Minister of Municipal Affairs and Housing
Local Area MPPs
Association of Municipalities of Ontario (AMO)
All Ontario Municipalities
Page 297 of 435
BONFIELD TOWN HIP
I
I
httpz?M1wW.bonfieJgtqwnshi
Lee utysJgrk@b9n?eLdtownghip-gm
Paquette
S
OFF CE OF THE DEPUTY CLERK
365 HIGHWAY 531
BONFIELD ON POH1E0
Telephone:705-776-2641 Fax:705-776-1154
Website:
Email:CANTON TOWNSHIP
RESOLUTION OF COUNCIL
May 9”‘,2023
No.20
Moved by Councillor Maclnnis Seconded by Councillor Featherstone
That Council supports the resolution of the Municipality of Waterloo calling on the Minister of
Municipal Affairs and Housing for the Province of Ontario to protect the privacy of candidates and
donors by removing the requirement for their street name,number and postal code to be listed on
publicly available forms;AND FURTHER THAT this resolution be forwarded to the Area Members of
Provincial Parliament,the Association of Municipalities of Ontario,the Association of Municipal
Clerks and Treasurers of Ontario,the Ontario Public School Boards’Association,the Ontario Catholic
School Trustees’Association,and all Ontario municipalities.
Carried Jason Corbett
DIVISION VOTE
FOR AGAINST
Donna Clark
Jason Corbett
Steve Featherstone
Dan Maclnnis
Narry
Declaration of Pecuniary Interest/Con?ict of Interest
Declared interest,abstained from discussion,and did not vote on the question.
CERTIFIED to be a true copy of Resolution No.20 of the Township of Bon?eld’s Regular Council
Meeting of May 9"‘,2023,and which Resolution is in full force and effect.
Andrée Gagné
Deputy Clerk-Treasurer
Page 298 of 435
United Cazmtiesof
Stormont,Dundas &Glengarry
RESOLUTION
MOVED BY Councillor Williams RESOLUTION NO 2023-C?
SECONDED BY Councillor Lang DATE May 15,2023
WHEREAS the goal of increasing housing supply and reducing barriers in planning
processes as set out in the recent legislative,regulatory and policy changes,including
new provisions from Bill 23,More Homes Built Faster Act,2022 is welcomed;and
WHEREAS the proposed PPS (sections 2.6 and 4.3)would dramatically remove
municipal power and renders aspects of the County's Official Plan,and other official
plans throughout Ontario inoperative,terminating some local planning autonomy,and
directly interfering with municipalities‘ability to meet local variation and unique
community needs;and
WHEREAS the proposed PPS changes that would allow proliferation of lots with
protection restricted to specialty crop areas only diminishes the purpose,uses,and
integrity of rural and agricultural lands,thereby removing protection and restricting
future uses of those lands;and
WHEREAS the proposed PPS changes encourage sprawl and rural roadway strip
development,rather than more fiscally and environmentally sustainable practices like
intensification in established settlement areas;and
WHEREAS the province has announced changes will be proposed to natural heritage
(section 4.1)that have yet to be published.
THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the United
Counties of Stormont,Dundas,and Glengarry urges the province to:
o pause proposed changes to the PPS,particularly regarding natural heritage
(section 4.1)and agricultural lands (sections 2.6 and 4.3)
-reinvest trust in the local planning authority of all 444 municipalities,recognizing
that each Ontario municipality has unique landscapes,different housing needs
and differing visions for local planning matters
AND THAT our fellow municipalities be urged to voice their concerns regarding the
proposed undermining of local planning authority;
AND FURTHER THAT a copy of this resolution be sent to all 444 municipalities,The
Hon.Doug Ford,Premier of Ontario,The Hon.Steve Clark,Minister of Municipal Affairs
Page 299 of 435
and Housing;The Hon.Lisa Thompson,Ministry ofAgriculture,Food and Rural Affairs,
The Hon.David Piccini,Minister of Environment,Conservation and Parks,Stormont-
Dundas-South Glengarry MPP Nolan Quinn,Glengarry-Prescott-Russell MPP Stéphane
Sarrazin ,the Association of Municipalities of Ontario,the Rural Ontario Municipal
Association,the Federation of Canadian Municipalities,and the Eastern Ontario
Wardens Caucus.
QARRIEDDEFEATED DEFERRED
W
WARDEN
Page 300 of 435
Administration
Office of the Regional Clerk
1815 Sir Isaac Brock Way, PO Box 1042, Thorold, ON L2V 4T7
Telephone: 905-980-6000 Toll-free: 1-800-263-7215 Fax: 905-687-4977
www.niagararegion.ca
May 19, 2023
CL 7-2023, April 20, 2023
CSC 4-2023, April 5, 2023
CSD 22-2023, April 5, 2023
LOCAL AREA MUNICIPALITIES
SENT ELECTRONICALLY
2023 Property Tax Policy, Ratios and Rates
CSD 22-2023
Regional Council, at its meeting held on April 20, 2023, passed the following
recommendation of its Corporate Services Committee:
That Report CSD 22-2023, dated April 5, 2023, respecting 2023 Property Tax Policy,
Ratios and Rates, BE RECEIVED and the following recommendations BE APPROVED:
1. That Regional Council APPROVE the following tax ratios and sub-class reductions
for the 2023 taxation year:
Property Classification Tax Ratio Sub-Class Reduction
Residential 1.000000
New Multi-Residential 1.000000
Multi-Residential 1.970000
Commercial 1.734900
Commercial – Excess Land 1.734900 7.50%
Commercial – Vacant Land 1.734900 7.50%
Industrial 2.630000
Industrial – Excess Land 2.630000 7.50%
Industrial – Vacant Land 2.630000 7.50%
Pipeline 1.702100
Farmland 0.250000
Managed Forest 0.250000
Farmland Awaiting Development 1 1.000000 25.00%
Farmland Awaiting Development 2 Class Ratio
Landfill Sites 2.940261
Page 301 of 435
2023 Property Tax Policy, Ratios and Rates
May 19, 2023
Page 2
2.That the necessary by-laws BE PREPARED and PRESENTED to Council for
consideration and BE CIRCULATED to the Councils of the Area Municipalities for
information; and
3.That Report CSD 22-2023 BE CIRCULATED to the Councils of the Area
Municipalities for information.
Subsequently, Regional Council, at it’s meeting held on May 18, 2023, passed By-law
2023-37, being a By-law to amend By-law 2023-31, resulting in updates to Schedules
A and B of By-law 2023-31.
Report CSD 22-2023, By-law No. 2023-31 (as amended) and By-law No. 2023-32 are
enclosed for your reference.
Yours truly,
Ann-Marie Norio
Regional Clerk
:kl
CLK-C 2023-045
cc:
S. Doma, Senior Tax and Revenue Analyst
T. Harrison, Commissioner/Treasurer, Corporate Services
H. Furtado, Director, Financial Management & Planning/Deputy Treasurer
K. Beach, Executive Assistant to the Commissioner/Treasurer, Corporate Services
Page 302 of 435
CSD 22-2023
April 5, 2023
Page 1
Subject: 2023 Property Tax Policy, Ratios and Rates
Report to: Corporate Services Committee
Report date: Wednesday, April 5, 2023
Recommendations
1. That Regional Council APPROVE the following tax ratios and sub-class reductions
for the 2023 taxation year:
Property Classification Tax Ratio Sub-Class Reduction
Residential 1.000000
New Multi-Residential 1.000000
Multi-Residential 1.970000
Commercial 1.734900
Commercial – Excess Land 1.734900 7.50%
Commercial – Vacant Land 1.734900 7.50%
Industrial 2.630000
Industrial – Excess Land 2.630000 7.50%
Industrial – Vacant Land 2.630000 7.50%
Pipeline 1.702100
Farmland 0.250000
Managed Forest 0.250000
Farmland Awaiting Development 1 1.000000 25.00%
Farmland Awaiting Development 2 Class Ratio
Landfill Sites 2.940261
2. That the necessary by-laws BE PREPARED and PRESENTED to Council for
consideration and BE CIRCULATED to the Councils of the Area Municipalities for
information; and
3. That Report CSD 22-2023 BE CIRCULATED to the Councils of the Area
Municipalities for information.
Key Facts
• The purpose of this report is to set the tax policy for 2023, which includes tax ratios,
rates and other policy considerations. Tax policy accounts for property assessment
Page 303 of 435
CSD 22-2023
April 5, 2023
Page 2
______________________________________________________________________
changes and affects the distribution of actual taxes paid by property owners or
classes.
• The recommended tax policy for 2023, supported by Regional staff and Area
Treasurers, is to maintain the status quo tax ratio adopted for the 2023 taxation year.
• This is the last year of the Council approved phase-out schedule of the
commercial/industrial vacant/excess land subclass discounts from 15.00% to 7.50%.
• In order for the Area Municipalities to complete final tax billings in June, Regional by-
laws need to be established no later than April.
• The analysis in Appendix 1 to Report CSD 22-2023, is based on the actual General
Levy for 2022 being $422 million. The 2023 Budget presentation excluded transit
costs in the adjusted 2022 Levy of $406 million for a consistent comparison
therefore the $7.4 million assessment growth dollars are 1.74% on approved 2022
Levy rather than 1.85% on the adjusted Levy.
• Area Municipal budgets range from decreases of 3.05% to increases of 8.46% for
those that have approved budgets at this time.
• The proposed tax policy and approved Regional tax levy will result in an increase of
approximately $123 for the typical residential property with a current value
assessment (CVA) of $278,764 in 2022, for an annual Regional property tax of
$1,743.
Financial Considerations
There are no direct costs to the Region as a result of setting 2023 tax policy. There are
however, taxpayer impacts as a result of tax shifts between property classes due to
assessment growth and tax ratio/discount decisions. Detailed analysis of these impacts
are included in the Tax Policy Study, attached as Appendix 1 to Report CSD 22-2023.
Some of the analysis will differ in format from that presented with the 2023 budget as
the 2023 budget, for transparency and consistency, reflected comparisons to similar
base services as the 2022 budget which required the exclusion of transit costs which
have been transferred to the NTC Special Levy budget.
Readjusted 2022 Tax rates
For illustration purposes only, the 2022 tax rate calculations have been readjusted from
$422 million to $406 million, to account for the removal of transit services. These rates
Page 304 of 435
CSD 22-2023
April 5, 2023
Page 3
______________________________________________________________________
do not reflect the true 2022 notional tax rates however have been provided to reconcile
the information provided in the 2023 budget to this Tax Policy report (See Table 1). Tax
policy has been prepared on the unadjusted 2022 general levy as this represents the
actual levy dollars collected by the Region for the 2022 year.
Table 1 – Comparison of Budget By-law to Tax Policy (in millions)
2022
General
Levy (A)
Assessment
Growth $
2023 Levy
Impacts
(B)
2023
Approved
Levy
2023 Levy
Increase
(B/A)
Per 2023 Budget
Presentation
(excludes Transit)
$406.1 $7.4
or 1.85%
$30.9 $444.4 7.58%
Per Tax Policy
(see Table 2)
$422.3 $7.4
or 1.74%
$14.7 $444.4 3.51%
Difference ($16.2) $ - $16.2 $ - 4.07%
Table 1 above, provides a summary comparing the information per the 2023 Budget
including the removal of $16.2 million for Transit services to the information provided in
this Tax Policy report. Assessment Growth (AG) used in the Budget By-law of 1.85% is
on the revised 2022 Base Budget (excluding Transit) whereas the AG per Tax Policy of
1.74% is based on the actual unadjusted 2022 General Levy. This has resulted in the
difference in tax impact of 3.51% versus 7.58% as noted above.
Analysis
The Municipal Act provides the Region with the responsibility to establish tax policy to
raise levy requirements. Reassessment impacts, assessment growth and Provincial
legislation can create tax shifts in burden across all property classes (see Table 2).
These factors are outside the control of Niagara Regional Council and the budget
process. The only opportunity to affect these is through a thorough analysis of options
available for ratios and resulting impacts.
Regional staff engaged the Area Treasurers in the review of the tax study as completed
by the Region’s external tax consultant as well as discussed potential scenarios for
2023. Based on the feedback provided, both Regional staff and Area Treasurers are
recommending to maintain the status quo tax ratio for the 2023 taxation year including
Page 305 of 435
CSD 22-2023
April 5, 2023
Page 4
______________________________________________________________________
the commercial/industrial vacant/excess land subclass discount phase-out from 15.00%
to 7.50%, as recommended and approved by Council in 2019 (Report CSD 3-2019).
This report included recommendations on amendments to the commercial/industrial
vacant unit rebate, which went from 30% to 0% between 2018 and 2021, as well as
vacant/excess land subclass property tax rate reduction programs which went from 30%
in 2018 to 0% by 2024. See Appendix 4 to Report CSD 22-2023 for additional details.
The 2023 impact results in a benefit to the residential taxes class of 0.11%, or $0.3
million.
The following are the key factors that support the recommendation; these are expanded
on further in this report:
• The most recent update from MPAC identifies that reassessment increases could
be greater for residential properties than non-residential which will shift taxes
onto the residential properties.
• The BMA study demonstrates that all residential taxation categories are above
the BMA study average and data provided by the Region’s Affordable Housing
Strategy Steering Committee indicates that many of the households in core
housing need currently reside in single detached homes (included in the
residential tax class).
• The Region and local area municipalities offer many incentive programs including
tax increment and development charge related grants that reduce the actual tax
burden experienced by some property classes in Niagara including industrial.
Analysis of Current State
1. Assessment Growth
The overall assessment growth that occurred in 2022 for the Region was $7.4 million in
tax dollars from new taxpayers equivalent to 1.74% of the $422 million General Levy for
2022. The overall assessment growth is net of reduction in assessment due to property
assessment appeals.
Table 2 summarizes the overall assessment growth that occurred in 2022 (column 3) as
well as the impacts affecting each of the tax classes based on maintaining the status
quo tax ratios and the adjustment to the vacant/excess land subclass discounts from
15.00% to 7.50% as per the Council approved phase-out schedule (column 4). Note this
phase-out schedule was approved by the Province and has been written into Provincial
Page 306 of 435
CSD 22-2023
April 5, 2023
Page 5
______________________________________________________________________
legislation. Any subsequent changes to the phase-out schedule would require Council
to lobby the Province to amend the Ontario regulations 325/01. This will result in minor
municipal shifts. These impacts have been summarized in Appendix 1, Table 6 and
range from -0.08% (Wainfleet) to 0.09% (Niagara Falls). A negative number represents
a decrease in the relative total municipal burden while a positive number represents an
increase.
The residential increase noted previously of 3.41% (which is below the 2023 Regional
levy impact of 3.51%) is net of the shift due to the subclass discount reduction (See
Appendix 1, Table 5).
Table 2 – 2023 Tax Levy Impacts by Property Class (Status Quo Policy)
Property
Class
2022
Approved
Levy
Assessment
Growth
(AG)
Impacts
Inter-
class
Shift*
2023 Levy
Impacts
(net of AG)
2023
Approved
Levy (before
AG)
Avg. tax
%
Increase
Residential $309,408,552 $6,233,521 $(332,612) $10,877,162 $326,186,623 3.41%
New Multi-
Res
$1,175,386 423,470 (1,685) $55,130 $1,652,301 4.55%
Multi-
Residential
$16,364,700 (261,635) (16,956) $555,252 $16,641,361 3.29%
Farm $3,664,646 27,338 (3,890) $133,894 $3,821,988 3.55%
Managed
Forest
$25,068 (155) (26) $860 $25,747 3.33%
Commercial $74,469,603 771,921 203,979 $2,598,607 $78,044,110 3.76%
Industrial $14,523,388 129,748 153,965 $491,467 $15,298,568 4.44%
Pipelines $2,613,127 17,516 (2,773) $90,708 $2,718,578 3.37%
Landfill $55,944 - (59) $1,929 $57,814 3.34%
Total $422,300,414 $7,341,724 (57) $14,805,009 $444,447,090 3.51%
% Increase 1.74% 0.00% 3.51% 5.24%
* Represents a tax shift away from residential of 0.11% as a result of the decrease in
vacant/excess land subclass discount from 15.00% to 7.50% as per Council approved
phase-out schedule.
2. Re-Assessment Phase-In and Tax Shift
Page 307 of 435
CSD 22-2023
April 5, 2023
Page 6
______________________________________________________________________
Reassessments of all properties is mandated by the Province every four years,
however, as a result of COVID-19, the 2020 re-assessment has been delayed and the
Province has not provided any guidance as to when the next assessment cycle will take
place. Therefore, the destination values for the 2023 tax year will remain the same
resulting in no tax shift impacts caused by assessment phase-in changes.
Table 3 shows the relative tax share of each tax class from 2022 to 2023. The 2023
amounts are based on the recommended tax policy. The table represents a starting
point for any further ratio analysis.
Table 3 – Multi-Year Tax Distribution by Tax Class
Realty Tax Class
(Taxable)
2022 Year End
(As Revised)
% Share 2023 Levy
(As Revised)
% Share
Residential $315,642,073 73.47% $326,186,623 73.39%
New Multi-Residential 1,598,856 0.37% 1,652,301 0.37%
Multi-Residential 16,103,065 3.75% 16,641,361 3.74%
Farm 3,691,984 0.86% 3,821,988 0.86%
Managed Forest 24,913 0.01% 25,747 0.01%
Commercial 75,241,524 17.51% 78,044,110 17.56%
Industrial 14,653,136 3.41% 15,298,568 3.44%
Pipelines 2,630,643 0.61% 2,718,578 0.61%
Landfill 55,944 0.01% 57,814 0.01%
Total $429,642,138 100% $444,447,090 100%
3. Education Rates (no change)
The education tax rates are established by the Province to meet their revenue targets
for the year. Typically, the education tax rates decrease from one year to the next as the
Provincial policy is to maintain revenue neutrality. In prior years, this Provincial policy
has created savings in Niagara which generally assist in offsetting municipal increases.
For 2023 however, the Province has maintained the education tax rates from 2022 for
all classes. The Province has identified this as a priority as a result of the COVID-19
pandemic and has left the education tax rates unchanged since 2020. What this means
is that with no changes in property assessment due to reassessment properties will
typically pay the same dollars in education taxes as in the prior year.
Page 308 of 435
CSD 22-2023
April 5, 2023
Page 7
______________________________________________________________________
4. Waste Management Rates
Waste management tax rates are also set based on the Regional tax ratios. The waste
management requisition by municipality was approved through Report CSD 2-2023;
however the by-law setting for the waste management rates for the 2023 requisitions
are brought forward with the 2023 general tax levy by-law as the rates are based on
each municipality’s assessment and are dependent on the tax ratios (with the exception
of Niagara-on-the-Lake). The household impacts reported with the budget were net of
assessment growth and based on status quo policy so remain unchanged.
5. Transit Rates
Similar to Waste Management, Transit tax rates are also set based on the Regional tax
ratios. The Transit requisition by municipality was approved through Report CSD 10-
2023; however, the by-law setting for transit rates for the 2023 requisitions are also
brought forward with the 2023 general tax levy by-law as the rates are based on each
municipality’s assessment and are dependent on the tax ratio. The household impacts
reported with the budget were net of assessment growth and based on status quo policy
so remain unchanged.
Tax Policy Considerations
The Region considers council priorities, the current environment, as well as utilizing
several BMA tax related performance metrics as seen in Appendix 3 of Report CSD 22-
2023 to assess policy options.
• Residential taxpayer - The residential class is responsible for 73.39% of the overall
tax levy. Under the recommended tax policy, the tax shift away from the residential
class will mitigate the overall levy increase on the class from 3.51% to 3.41% (see
Table 2). In previous years, the Region has considered utilizing the tax shifts away
from the residential class to implement other policy objectives such as reductions to
multi-residential and commercial tax classes through reduced tax ratios (see
Appendix 2). As identified in the most recent BMA study, Niagara’s average
household income was slightly below the BMA average (2022 – Niagara $104,320
versus BMA average $110,000), while Niagara’s average residential property taxes
(including water and wastewater) payable as a percentage of household income is
above the BMA study average (2022 - Niagara 5.33% versus BMA average 4.90%).
This gap between Niagara’s average residential property taxes payable and the
BMA average has increased from last year (2021 - Niagara 5.20% versus BMA
Page 309 of 435
CSD 22-2023
April 5, 2023
Page 8
______________________________________________________________________
average 4.90%). The benefit of reducing the subclass discount for
commercial/industrial vacant/excess lands from 15.00% to 7.50% will assist with
narrowing the gap between Niagara and the BMA average.
• Multi-Residential Tax Class - the multi-residential tax category consists of two
property tax classes. The multi-residential class is responsible for 3.74% of the
overall tax levy while the new-multi-residential category (which includes multi-
residential structures constructed after 2003) is responsible for 0.37%. It is
important to note that new construction of purpose built rental would be in the new
multi-residential class, which is taxed at the same rate as residential.
Appendix 3 to Report CSD 22-2023, provides BMA metrics related to two multi-
residential structure types (Walk-up and Mid/High-Rise). The walk-up style structure
was identified as above the survey average by $253 and the high-rise structure
types are below the average by $36 for 2022.
• Industrial Tax Class - The relative tax burden averages for standard industrial for the
Region is higher than the BMA survey average as provided in Appendix 3 (Niagara
is taxing $1.89/square foot, while the BMA average is $1.59/square foot). However,
this is partially offset by the many incentive programs currently offered by the Region
including tax increment and development charge related grants, specifically under
the Employment and Brownfield pillars, that reduce the actual tax burden
experienced by some industrial properties in Niagara.
• Commercial Tax Class - This property class has the second largest share (after
residential) of Regional taxes at 17.56%. Appendix 3 illustrates that Niagara taxation
of office buildings is lower than the BMA average ($2.95 tax/square foot vs. $3.11
tax/square foot), while Niagara’s taxation of motels ($1,157 tax/unit vs. $1,223
tax/unit) and shopping centres ($4.17 tax/square foot vs. $3.78 tax/square foot) are
moderately below/above the BMA average, respectively. Niagara taxation of hotels
($1,935 tax/unit) is higher than the BMA average ($1,636 tax/unit). The Region has
seen an increase in new appeals related to COVID-19 in the Commercial Tax Class
which once settled may increase the overall burden experienced by properties in
other classes. This property class is also eligible for Employment and Brownfield
related tax increment grant programs.
Page 310 of 435
CSD 22-2023
April 5, 2023
Page 9
______________________________________________________________________
2022 Property Tax Impacts
Table 4 – Regional Tax Increases for Status Quo Policy
Taxation
Class
2022 Avg.
CVA
2022
Adjusted
Taxes
2023 Avg.
CVA
2023
Regional
Taxes*
$ Increase
Residential $278,764 $1,620 $278,764 $1,743 $123
Multi-
Residential
$2,543,766 $29,120 $2,543,766 $31,256 $2,136
Commercial -
Occupied
$814,152 $8,208 $814,152 $8,810 $602
Industrial -
Occupied
$786,286 $12,017 $786,286 $12,898 $881
Farmland $400,452 $582 $400,452 $624 $42
*Based on draft rates utilizing the recommended 2023 tax policy.
Alternatives
Regional staff considered alternatives to the recommendations proposed in this report.
After engaging with the Area Treasurers and reviewing the tax study and historical
Regional tax ratios, it was determined to maintain the status quo tax ratio for the 2023
taxation year.
Relationship to Council Strategic Priorities
This tax policy report is aligned to Sustainable and Engaging Government.
Other Pertinent Reports
• Bill 2023-18 – 2023 Operating Budget and Tax Levy
• CSD 3-2019 – Vacancy Program Revisions to Ministry of Finance
• CSD 2-2023 - Waste Management Services Operating Budget and Requisition
• CSD 10-2023 – NTC 2023 Operating Budget Additional Information
Page 311 of 435
CSD 22-2023
April 5, 2023
Page 10
______________________________________________________________________
________________________________
Prepared by:
Shawn Doma
Senior Tax and Revenue Analyst
Corporate Services
_______________________________
Recommended by:
Todd Harrison, CPA, CMA
Commissioner/Treasurer
Corporate Services
_______________________________
Submitted by:
Ron Tripp, P.Eng.
Chief Administrative Officer
This report was prepared in consultation with Blair Hutchings, Manager, Revenue
Planning and Strategy, Margaret Murphy, Associate Director, Budget Planning &
Strategy, and reviewed by Helen Furtado, Director, Financial Management & Planning.
Appendices
Appendix 1 2023 Tax Policy Study
Appendix 2 History of Regional Tax Ratios
Appendix 3 Performance Measures
Appendix 4 History of Rebate/Subclass Reductions
Page 312 of 435
Bill 2023-31 Authorization Reference: CSC 4-2023
Minute Item 5.1
As amended by By-law No. 2020-37 CSC 5-2023
Minute Item 6
Page 1 of 31
THE REGIONAL MUNICIPALITY OF NIAGARA
BY-LAW NO. 2023-31
A BY-LAW TO SET AND LEVY THE RATE OF
TAXATION FOR REGIONAL GENERAL AND SPECIAL
PURPOSES FOR THE YEAR 2023
WHEREAS the Regional Council of The Regional Municipality of Niagara (hereinafter
referred to as “The Regional Corporation”) has prepared and adopted a budget
including estimates of all sums it required during the year 2023 for the purposes of the
Regional Corporation pursuant to Section 289 (1) of the Municipal Act 2001, S.O. 2001,
c. 25, as amended (hereinafter referred to as the “Municipal Act”);
WHEREAS Regional Council by By-law No. 2023-02 adopted the 2023 Waste
Management Budget; and by By-law No. 2023-16 adopted the Transit Budget; and by
By-law No. 2023-18 adopted the 2023 Operating Budget and Tax Levy;
WHEREAS for the purposes of raising the general levy for the Regional Corporation,
the Regional Corporation shall pass a by-law directing each Lower-Tier Municipality to
levy a separate tax rate, as specified in the by-law, on the assessment in each property
class in the Lower-Tier Municipality rate table for the purposes of The Regional
Corporation, pursuant to Section 311 (2) of the Municipal Act;
WHEREAS the tax ratios and the tax rate reductions for prescribed property classes for
the 2023 taxation year have been set out in By-law No. 2023-31 of The Regional
Corporation dated the 20th of April 2023;
WHEREAS The Regional Corporation is responsible for providing Waste Management
services pursuant to By-laws 8280-96, 8281-96, 8282-96 and 8283-96;
WHEREAS Regional Council is desirous of imposing a special levy for Waste
Management purposes and the sums required by taxation in the year 2023 for the said
purposes are to be levied by separate rates by the applicable Area Municipalities as
directed by Regional by-law pursuant to Subsection 311 (4) of the Municipal Act;
WHEREAS Regional Council is desirous of imposing a special levy for Transit
purposes and the sums required by taxation in the year 2023 for the said purposes are
Page 313 of 435
Bill 2023-31 Authorization Reference: CSC 4-2023
Minute Item 5.1
As amended by By-law No. 2020-37 CSC 5-2023
Minute Item 6
Page 2 of 31
to be levied by separate rates by the applicable Area Municipalities as directed by
Regional by-law pursuant to Subsection 311 (4) of the Municipal Act;
Whereas By-law No. 2023-01 assessed a special charge for Transit purposes
representing 50% of the Area Municipalities 2022 general levy for Transit;
WHEREAS Regional Council established tax rates for property classes, and other
decisions consistent with setting and levying rates of taxation for regional purposes for
2023.
NOW THEREFORE the Council of The Regional Municipality of Niagara enacts as
follows:
1. That for the year 2023 in The Regional Municipality of Niagara the lower-tier
municipalities shall levy upon the property tax classes set out in Schedule “A” the
property tax rates applicable thereto.
2. That payment of all amounts directed to be levied pursuant to the provisions of
this by-law and due to The Regional Corporation shall be due and payable in the
amounts and at the times shown on Schedule “B” attached to this by-law.
3. That for the year 2023 in The Regional Municipality of Niagara, the Town of
Niagara-on-the-Lake be required to pay $1,953,442 to the Regional Corporation
as the charges for Waste Management purposes set out in Schedule “C”. The
remaining area municipalities shall levy upon the property tax classes and
applicable subclasses the tax rates for Waste Management purposes set out in
Schedule “C” attached to this by-law.
4. That payment of all amounts directed to be levied pursuant to the provisions of
this bylaw respecting Transit and due to The Regional Corporation shall be due
and payable in the amounts and at the times shown on Schedule “D” attached to
this by-law.
5. That for the year 2023 in The Regional Municipality of Niagara, the area
municipalities shall levy upon the property tax classes and applicable subclasses
the tax rates for Transit purposes set out in Schedule “E” attached to this by-law.
6. That if a lower-tier municipality fails to make any payment or portion thereof as
provided in this by-law, the lower-tier municipality shall pay to the Regional
Corporation interest due on the amount in default at the rate of fifteen (15) per
cent per annum from the due date of the payment until the payment is made.
Page 314 of 435
Bill 2023-31 Authorization Reference: CSC 4-2023
Minute Item 5.1
As amended by By-law No. 2020-37 CSC 5-2023
Minute Item 6
Page 3 of 31
7. That this by-law shall come into force and effect on the day upon which it is
passed.
Passed: April 28, 2023
Page 315 of 435
Bill 2023-31 Authorization Reference: CSC 4-2023
Minute Item 5.1
As amended by By-law No. 2020-37 CSC 5-2023
Minute Item 6
Page 4 of 31
Schedule A
2023 Tax Ratios, Sub-Class Reductions, and Rates
Property
Classification Tax Ratio Sub-Class
Reduction
Tax Rate by
Class
Residential 1.000000 0.00623692
New Multi-Residential 1.000000 0.00623692
Multi-Residential 1.970000 0.01228673
Commercial 1.734900 0.01082043
Commercial - Excess 1.734900 7.5% 0.01000890
Commercial - Vacant 1.734900 7.5% 0.01000890
Landfill 2.940261 0.01833817
Industrial 2.630000 0.01640310
Industrial - Excess 2.630000 7.5% 0.01517287
Industrial - Vacant 2.630000 7.5% 0.01517287
Pipelines 1.702100 0.01061586
Farmland 0.250000 0.00155923
FAD 1 1.000000 25.0% 0.00467769
FAD 2 Class Ratio Class Ratio
Managed Forests 0.250000 0.00155923
Page 316 of 435
Bill 2023-31 Authorization Reference: CSC 4-2023
Minute Item 5.1
As amended by By-law No. 2020-37 CL 8-2023
Minute Item 18.1
Page 5 of 31
Schedule B – 2023 GENERAL TAX LEVY
2023 Upper-Tier General Levy and Dates by Local Municipality (Taxable Levy Only)
Municipality
Interim
Payment
Due March
8, 2023
Interim
Payment
Due May
10, 2023
Final
Payment
Due
August 9,
2023
Final
Payment
Due
October 11,
2023
2023
Approved
General
Levy
Regional
Dept.
Niagara
Regional
Police
Niagara
Regional
Housing
Niagara
Peninsula
Conserv
Authority
Court
Services
Fort Erie 6,621,553 6,621,553 7,298,171 7,298,171 27,839,448 16,011,412 11,140,723 248,019 444,764 (5,470)
Grimsby 8,068,372 8,068,372 8,823,096 8,823,096 33,782,936 19,429,714 13,519,173 300,969 539,718 (6,638)
Lincoln 6,468,734 6,468,734 7,354,448 7,354,448 27,646,364 15,900,363 11,063,455 246,299 441,680 (5,432)
Niagara Falls 22,229,296 22,229,296 24,280,244 24,280,244 93,019,079 53,498,431 37,224,149 828,698 1,486,077 (18,276)
Niagara-on-the-Lake 9,126,887 9,126,887 9,991,766 9,991,766 38,237,305 21,991,573 15,301,712 340,652 610,881 (7,513)
Pelham 4,510,329 4,510,329 4,976,594 4,976,594 18,973,845 10,912,503 7,592,907 169,036 303,127 (3,728)
Port Colborne 3,366,263 3,366,263 3,668,936 3,668,936 14,070,397 8,092,363 5,630,657 125,352 224,789 (2,765)
St. Catharines 26,961,492 26,961,492 29,456,928 29,456,928 112,836,839 64,896,298 45,154,772 1,005,252 1,802,687 (22,170)
Thorold 4,524,348 4,524,348 5,472,520 5,472,520 19,993,737 11,499,077 8,001,045 178,122 319,421 (3,928)
Wainfleet 1,580,980 1,580,980 1,744,219 1,744,219 6,650,398 3,824,870 2,661,340 59,248 106,247 (1,307)
Welland 8,756,222 8,756,222 9,838,567 9,838,567 37,189,578 21,388,989 14,882,435 331,318 594,142 (7,307)
West Lincoln 3,360,631 3,360,631 3,742,995 3,742,995 14,207,250 8,171,072 5,685,423 126,571 226,976 (2,791)
Regional Total
Taxable Only
105,575,105 105,575,105 116,648,483 116,648,483 444,447,090 255,616,665 177,857,789 3,959,536 7,100,509 (87,324)
Page 317 of 435
Bill 2023-31 Authorization Reference: CSC 4-2023
Minute Item 5.1
As amended by By-law No. 2020-37 CSC 5-2023
Minute Item 6
Page 6 of 31
Schedule C – 2023 WASTE MANAGEMENT TAX RATES & LEVY
2023 Upper-Tier Special Levy (Waste Management) and Dates by Local
Municipality (Taxable Levy Only)
Municipality Interim
Payment
Due March
8, 2023
Interim
Payment
Due May
10, 2023
Final
Payment
Due
August 9,
2023
Final
Payment
Due
October
11, 2023
2023
Approved
Special
Levy
Fort Erie 813,772 813,772 899,312 899,312 3,426,168
Grimsby 596,407 596,407 664,444 664,444 2,521,701
Lincoln 500,038 500,038 569,570 569,570 2,139,217
Niagara Falls 2,090,626 2,090,626 2,373,590 2,373,590 8,928,431
Niagara-on-the-
Lake
461,341 461,341 514,773 514,773 1,952,227
Pelham 376,077 376,077 413,080 413,080 1,578,314
Port Colborne 534,869 534,869 578,009 578,009 2,225,755
St. Catharines 3,220,093 3,220,093 3,502,446 3,502,446 13,445,078
Thorold 471,916 471,916 560,226 560,226 2,064,283
Wainfleet 163,802 163,802 176,976 176,976 681,556
Welland 1,200,638 1,200,638 1,320,885 1,320,885 5,043,047
West Lincoln 273,683 273,683 307,306 307,306 1,161,977
Regional Total
Taxable Only
10,703,261 10,703,261 11,880,616 11,880,616 45,167,754
Page 318 of 435
Bill 2023-31 Authorization Reference: CSC 4-2023
Minute Item 5.1
As amended by By-law No. 2020-37 CSC 5-2023
Minute Item 6
Page 7 of 31
Schedule C – 2023 WASTE MANAGEMENT TAX RATES & LEVY
Fort Erie
Property
Classification
2023 Roll
Return CVA
Tax Rate by
Class
Waste
Management
Levy by Class
Residential 3,733,901,870 0.00076757 2,866,031
New Multi-Residential 0 0.00076757 -
Multi-Residential 42,365,000 0.00151211 64,061
Commercial 248,951,864 0.00133166 331,519
Commercial - Excess 5,785,188 0.00123178 7,126
Commercial - Vacant 18,262,700 0.00123178 22,496
Landfill 0 0.00225686 -
Industrial 43,990,954 0.00201871 88,805
Industrial - Excess 1,003,541 0.00186731 1,874
Industrial - Vacant 5,853,400 0.00186731 10,930
Pipelines 17,104,000 0.00130648 22,346
Farmland 56,233,300 0.00019189 10,791
FAD 1 0 0.00057568 -
Managed Forests 982,700 0.00019189 189
Taxable Total 4,174,434,517 $3,426,168
Grimsby
Property
Classification
2023 Roll
Return CVA
Tax Rate by
Class
Waste
Management
Levy by Class
Residential 4,549,499,070 0.00046555 2,118,019
New Multi-Residential 0 0.00046555 -
Multi-Residential 27,616,000 0.00091713 25,327
Commercial 334,732,463 0.00080768 270,357
Commercial - Excess 9,973,525 0.00074711 7,451
Commercial - Vacant 15,654,500 0.00074711 11,696
Landfill 0 0.00136884 -
Industrial 51,384,200 0.00122440 62,915
Industrial - Excess 3,726,200 0.00113257 4,220
Industrial - Vacant 4,140,600 0.00113257 4,690
Pipelines 8,281,000 0.00079241 6,562
Farmland 89,050,695 0.00011639 10,365
FAD 1 0 0.00034916 -
Managed Forests 849,300 0.00011639 99
Page 319 of 435
Bill 2023-31 Authorization Reference: CSC 4-2023
Minute Item 5.1
As amended by By-law No. 2020-37 CSC 5-2023
Minute Item 6
Page 8 of 31
Grimsby
Property
Classification
2023 Roll
Return CVA
Tax Rate by
Class
Waste
Management
Levy by Class
Taxable Total 5,094,907,553 $2,521,701
Page 320 of 435
Bill 2023-31 Authorization Reference: CSC 4-2023
Minute Item 5.1
As amended by By-law No. 2020-37 CSC 5-2023
Minute Item 6
Page 9 of 31
Schedule C – 2023 WASTE MANAGEMENT TAX RATES & LEVY
Lincoln
Property
Classification
2023 Roll
Return CVA
Tax Rate by
Class
Waste
Management
Levy by Class
Residential 3,535,780,219 0.00048260 1,706,368
New Multi-Residential 0 0.00048260 -
Multi-Residential 21,426,200 0.00095072 20,370
Commercial 219,839,781 0.00083726 184,063
Commercial - Excess 8,019,300 0.00077447 6,211
Commercial - Vacant 4,928,500 0.00077447 3,817
Landfill 0 0.00141897 -
Industrial 99,498,458 0.00126924 126,287
Industrial - Excess 3,187,900 0.00117405 3,743
Industrial - Vacant 6,453,000 0.00117405 7,576
Pipelines 21,675,000 0.00082143 17,804
Farmland 520,807,373 0.00012065 62,835
FAD 1 0 0.00036195 -
Managed Forests 1,188,500 0.00012065 143
Taxable Total 4,442,804,231 $2,139,217
Niagara Falls
Property
Classification
2023 Roll
Return CVA
Tax Rate by
Class
Waste
Management
Levy by Class
Residential 9,300,310,789 0.00059865 5,567,631
New Multi-Residential 50,630,500 0.00059865 30,310
Multi-Residential 326,799,289 0.00117934 385,407
Commercial 2,401,362,990 0.00103860 2,494,056
Commercial - Excess 36,385,098 0.00096070 34,955
Commercial - Vacant 137,025,900 0.00096070 131,641
Landfill 3,152,500 0.00176019 5,549
Industrial 107,079,192 0.00157445 168,591
Industrial - Excess 5,248,457 0.00145637 7,644
Industrial - Vacant 29,528,600 0.00145637 43,005
Pipelines 46,246,000 0.00101896 47,123
Farmland 82,041,400 0.00014966 12,278
FAD 1 0 0.00044899 -
Managed Forests 1,607,300 0.00014966 241
Page 321 of 435
Bill 2023-31 Authorization Reference: CSC 4-2023
Minute Item 5.1
As amended by By-law No. 2020-37 CSC 5-2023
Minute Item 6
Page 10 of 31
Niagara Falls
Property
Classification
2023 Roll
Return CVA
Tax Rate by
Class
Waste
Management
Levy by Class
Taxable Total 12,527,418,015 $8,928,431
Page 322 of 435
Bill 2023-31 Authorization Reference: CSC 4-2023
Minute Item 5.1
As amended by By-law No. 2020-37 CSC 5-2023
Minute Item 6
Page 11 of 31
Schedule C – 2023 WASTE MANAGEMENT TAX RATES & LEVY
Niagara-on-the-Lake
Property
Classification
2023 Roll
Return CVA
Tax Rate by
Class
Waste
Management
Levy by Class
Residential N/A N/A N/A
New Multi-Residential N/A N/A N/A
Multi-Residential N/A N/A N/A
Commercial N/A N/A N/A
Commercial - Excess N/A N/A N/A
Commercial - Vacant N/A N/A N/A
Landfill N/A N/A N/A
Industrial N/A N/A N/A
Industrial - Excess N/A N/A N/A
Industrial - Vacant N/A N/A N/A
Pipelines N/A N/A N/A
Farmland N/A N/A N/A
FAD 1 N/A N/A N/A
Managed Forests N/A N/A N/A
Taxable Total $1,952,227
Pelham
Property
Classification
2023 Roll
Return CVA
Tax Rate by
Class
Waste
Management
Levy by Class
Residential 2,722,860,343 0.00051881 1,412,647
New Multi-Residential 544,000 0.00051881 282
Multi-Residential 18,604,000 0.00102206 19,014
Commercial 105,659,646 0.00090008 95,102
Commercial - Excess 674,511 0.00083258 562
Commercial - Vacant 8,227,000 0.00083258 6,850
Landfill 0 0.00152544 -
Industrial 4,436,700 0.00136447 6,054
Industrial - Excess 45,100 0.00126214 57
Industrial - Vacant 101,000 0.00126214 127
Pipelines 17,877,000 0.00088307 15,787
Farmland 164,728,000 0.00012970 21,365
FAD 1 0 0.00038911 -
Managed Forests 3,597,900 0.00012970 467
Page 323 of 435
Bill 2023-31 Authorization Reference: CSC 4-2023
Minute Item 5.1
As amended by By-law No. 2020-37 CSC 5-2023
Minute Item 6
Page 12 of 31
Pelham
Property
Classification
2023 Roll
Return CVA
Tax Rate by
Class
Waste
Management
Levy by Class
Taxable Total 3,047,355,200 $1,578,314
Page 324 of 435
Bill 2023-31 Authorization Reference: CSC 4-2023
Minute Item 5.1
As amended by By-law No. 2020-37 CSC 5-2023
Minute Item 6
Page 13 of 31
Schedule C – 2023 WASTE MANAGEMENT TAX RATES & LEVY
Port Colborne
Property
Classification
2023 Roll
Return CVA
Tax Rate by
Class
Waste
Management
Levy by Class
Residential 1,678,627,031 0.00098660 1,656,133
New Multi-Residential 913,000 0.00098660 901
Multi-Residential 39,890,000 0.00194360 77,530
Commercial 138,428,236 0.00171165 236,941
Commercial - Excess 501,900 0.00158328 795
Commercial - Vacant 2,349,900 0.00158328 3,721
Landfill 0 0.00290086 -
Industrial 74,945,738 0.00259476 194,466
Industrial - Excess 2,735,766 0.00240015 6,566
Industrial - Vacant 6,291,400 0.00240015 15,100
Pipelines 10,846,000 0.00167929 18,214
Farmland 57,324,774 0.00024665 14,139
FAD 1 1,407,700 0.00073995 1,042
Managed Forests 838,900 0.00024665 207
Taxable Total 2,015,100,345 $2,225,755
St. Catharines
Property
Classification
2023 Roll
Return CVA
Tax Rate by
Class
Waste
Management
Levy by Class
Residential 12,537,454,954 0.00074316 9,317,335
New Multi-Residential 111,376,920 0.00074316 82,771
Multi-Residential 671,350,768 0.00146403 982,878
Commercial 2,014,700,274 0.00128931 2,597,573
Commercial - Excess 11,592,829 0.00119261 13,826
Commercial - Vacant 24,261,700 0.00119261 28,935
Landfill 0 0.00218508 -
Industrial 160,165,398 0.00195451 313,045
Industrial - Excess 4,609,059 0.00180792 8,333
Industrial - Vacant 17,629,100 0.00180792 31,872
Pipelines 31,291,000 0.00126493 39,581
Farmland 155,708,800 0.00018579 28,929
FAD 1 0 0.00055737 -
Managed Forests 0 0.00018579 -
Page 325 of 435
Bill 2023-31 Authorization Reference: CSC 4-2023
Minute Item 5.1
As amended by By-law No. 2020-37 CSC 5-2023
Minute Item 6
Page 14 of 31
St. Catharines
Property
Classification
2023 Roll
Return CVA
Tax Rate by
Class
Waste
Management
Levy by Class
Taxable Total 15,740,140,802 $13,445,078
Page 326 of 435
Bill 2023-31 Authorization Reference: CSC 4-2023
Minute Item 5.1
As amended by By-law No. 2020-37 CSC 5-2023
Minute Item 6
Page 15 of 31
Schedule C – 2023 WASTE MANAGEMENT TAX RATES & LEVY
Thorold
Property
Classification
2023 Roll
Return CVA
Tax Rate by
Class
Waste
Management
Levy by Class
Residential 2,479,354,460 0.00064394 1,596,556
New Multi-Residential 73,019,800 0.00064394 47,020
Multi-Residential 43,783,800 0.00126856 55,542
Commercial 176,570,004 0.00111717 197,259
Commercial - Excess 3,007,013 0.00103338 3,107
Commercial - Vacant 7,056,200 0.00103338 7,292
Landfill 0 0.00189335 -
Industrial 50,736,758 0.00169356 85,926
Industrial - Excess 3,394,734 0.00156655 5,318
Industrial - Vacant 18,114,900 0.00156655 28,378
Pipelines 26,768,000 0.00109605 29,339
Farmland 52,552,340 0.00016099 8,460
FAD 1 0 0.00048296 -
Managed Forests 531,400 0.00016099 86
Taxable Total 2,934,889,409 $2,064,283
Wainfleet
Property
Classification
2023 Roll
Return CVA
Tax Rate by
Class
Waste
Management
Levy by Class
Residential 955,662,725 0.00063918 610,841
New Multi-Residential 0 0.00063918 -
Multi-Residential 457,000 0.00125918 575
Commercial 19,289,805 0.00110891 21,391
Commercial - Excess 1,064,600 0.00102574 1,092
Commercial - Vacant 541,500 0.00102574 555
Landfill 0 0.00187936 -
Industrial 4,401,200 0.00168104 7,399
Industrial - Excess 85,300 0.00155497 133
Industrial - Vacant 132,000 0.00155497 205
Pipelines 5,988,000 0.00108795 6,515
Farmland 203,812,715 0.00015980 32,569
FAD 1 0 0.00047939 -
Managed Forests 1,758,989 0.00015980 281
Page 327 of 435
Bill 2023-31 Authorization Reference: CSC 4-2023
Minute Item 5.1
As amended by By-law No. 2020-37 CSC 5-2023
Minute Item 6
Page 16 of 31
Wainfleet
Property
Classification
2023 Roll
Return CVA
Tax Rate by
Class
Waste
Management
Levy by Class
Taxable Total 1,193,193,834 $681,556
Page 328 of 435
Bill 2023-31 Authorization Reference: CSC 4-2023
Minute Item 5.1
As amended by By-law No. 2020-37 CSC 5-2023
Minute Item 6
Page 17 of 31
Schedule C – 2023 WASTE MANAGEMENT TAX RATES & LEVY
Welland
Property
Classification
2023 Roll
Return CVA
Tax Rate by
Class
Waste
Management
Levy by Class
Residential 4,547,937,705 0.00084575 3,846,418
New Multi-Residential 25,382,500 0.00084575 21,467
Multi-Residential 138,259,700 0.00166613 230,359
Commercial 382,602,600 0.00146729 561,389
Commercial - Excess 8,702,628 0.00135724 11,812
Commercial - Vacant 19,739,500 0.00135724 26,791
Landfill 0 0.00248673 -
Industrial 126,571,843 0.00222432 281,536
Industrial - Excess 3,647,200 0.00205750 7,504
Industrial - Vacant 9,526,300 0.00205750 19,600
Pipelines 21,774,000 0.00143955 31,345
Farmland 21,649,400 0.00021144 4,578
FAD 1 0 0.00063431 -
Managed Forests 1,172,700 0.00021144 248
Taxable Total 5,306,966,076 $5,043,047
West Lincoln
Property
Classification
2023 Roll
Return CVA
Tax Rate by
Class
Waste
Management
Levy by Class
Residential 1,850,967,253 0.00051010 944,178
New Multi-Residential 0 0.00051010 -
Multi-Residential 7,043,000 0.00100490 7,078
Commercial 79,449,872 0.00088497 70,311
Commercial - Excess 732,500 0.00081860 600
Commercial - Vacant 2,967,300 0.00081860 2,429
Landfill 0 0.00149983 -
Industrial 36,408,700 0.00134156 48,844
Industrial - Excess 305,200 0.00124095 379
Industrial - Vacant 1,227,000 0.00124095 1,523
Pipelines 29,148,000 0.00086824 25,307
Farmland 478,278,784 0.00012753 60,995
FAD 1 0 0.00038258 -
Managed Forests 2,581,600 0.00012753 329
Page 329 of 435
Bill 2023-31 Authorization Reference: CSC 4-2023
Minute Item 5.1
As amended by By-law No. 2020-37 CSC 5-2023
Minute Item 6
Page 18 of 31
West Lincoln
Property
Classification
2023 Roll
Return CVA
Tax Rate by
Class
Waste
Management
Levy by Class
Taxable Total 2,489,109,209 $1,161,973
Page 330 of 435
Bill 2023-31 Authorization Reference: CSC 4-2023
Minute Item 5.1
As amended by By-law No. 2020-37 CSC 5-2023
Minute Item 6
Page 19 of 31
Schedule D – 2023 TRANSIT TAX RATES & LEVY
2023 Upper-Tier Special Charge and Special Levy (Transit) and Dates by Local
Municipality (Taxable Levy Only)
Municipality Special
Charge
Due March
8, 2023
(per Bylaw
01-2023)
Special
Charge
Due May
10, 2023
(per Bylaw
01-2023)
Final
Payment
Due
August 9,
2023
Final
Payment
Due
October
11, 2023
2023
Approved
Special
Levy
Fort Erie 313,294 313,294 1,124,650 1,124,650 2,875,888
Grimsby 62,500 62,500 777,400 777,400 1,679,800
Lincoln 33,835 33,835 679,896 679,896 1,427,461
Niagara Falls 2,032,002 2,032,002 5,248,992 5,248,992 14,561,989
Niagara-on-the-
Lake 245,725 245,725 1,046,769 1,046,769 2,584,988
Pelham 45,500 45,500 513,760 513,760 1,118,519
Port Colborne 41,425 41,425 427,594 427,594 938,038
St. Catharines 3,511,000 3,511,000 7,374,451 7,374,451 21,770,900
Thorold 178,598 178,598 709,112 709,112 1,775,418
Wainfleet - - 124,698 124,698 249,396
Welland 869,892 869,892 2,654,548 2,654,548 7,048,878
West Lincoln - - 265,060 265,060 530,120
Regional Total
Taxable Only 7,333,770 7,333,770 20,946,927 20,946,927 56,561,395
Page 331 of 435
Bill 2023-31 Authorization Reference: CSC 4-2023
Minute Item 5.1
As amended by By-law No. 2020-37 CSC 5-2023
Minute Item 6
Page 20 of 31
Schedule E – 2023 TRANSIT TAX RATES & LEVY
Fort Erie
Property
Classification
2023 Roll
Return CVA
Tax Rate by
Class
Transit Levy by
Class
Residential 3,733,901,870 0.00064429 2,405,716
New Multi-Residential 0 0.00064429 -
Multi-Residential 42,365,000 0.00126925 53,772
Commercial 248,951,864 0.00111778 278,273
Commercial - Excess 5,785,188 0.00103395 5,982
Commercial - Vacant 18,262,700 0.00103395 18,883
Landfill 0 0.00189438 -
Industrial 43,990,954 0.00169448 74,542
Industrial - Excess 1,003,541 0.00156740 1,573
Industrial - Vacant 5,853,400 0.00156740 9,175
Pipelines 17,104,000 0.00109665 18,757
Farmland 56,233,300 0.00016107 9,057
FAD 1 0 0.00048322 -
Managed Forests 982,700 0.00016107 158
Taxable Total 4,174,434,517 $2,875,888
Grimsby
Property
Classification
2023 Roll
Return CVA
Tax Rate by
Class
Transit Levy by
Class
Residential 4,549,499,070 0.00031012 1,410,891
New Multi-Residential 0 0.00031012 -
Multi-Residential 27,616,000 0.00061094 16,872
Commercial 334,732,463 0.00053803 180,096
Commercial - Excess 9,973,525 0.00049768 4,964
Commercial - Vacant 15,654,500 0.00049768 7,791
Landfill 0 0.00091183 -
Industrial 51,384,200 0.00081562 41,910
Industrial - Excess 3,726,200 0.00075444 2,811
Industrial - Vacant 4,140,600 0.00075444 3,124
Pipelines 8,281,000 0.00052786 4,371
Farmland 89,050,695 0.00007753 6,904
FAD 1 0 0.00023259 -
Managed Forests 849,300 0.00007753 66
Page 332 of 435
Bill 2023-31 Authorization Reference: CSC 4-2023
Minute Item 5.1
As amended by By-law No. 2020-37 CSC 5-2023
Minute Item 6
Page 21 of 31
Grimsby
Property
Classification
2023 Roll
Return CVA
Tax Rate by
Class
Transit Levy by
Class
Taxable Total 5,094,907,553 $1,679,800
Page 333 of 435
Bill 2023-31 Authorization Reference: CSC 4-2023
Minute Item 5.1
As amended by By-law No. 2020-37 CSC 5-2023
Minute Item 6
Page 22 of 31
Schedule E – 2023 TRANSIT TAX RATES & LEVY
Lincoln
Property
Classification
2023 Roll
Return CVA
Tax Rate by
Class
Transit Levy by
Class
Residential 3,535,780,219 0.00032203 1,138,627
New Multi-Residential 0 0.00032203 -
Multi-Residential 21,426,200 0.00063440 13,593
Commercial 219,839,781 0.00055869 122,822
Commercial - Excess 8,019,300 0.00051679 4,144
Commercial - Vacant 4,928,500 0.00051679 2,547
Landfill 0 0.00094685 -
Industrial 99,498,458 0.00084694 84,269
Industrial - Excess 3,187,900 0.00078342 2,497
Industrial - Vacant 6,453,000 0.00078342 5,055
Pipelines 21,675,000 0.00054813 11,881
Farmland 520,807,373 0.00008051 41,930
FAD 1 0 0.00024152 -
Managed Forests 1,188,500 0.00008051 96
Taxable Total 4,442,804,231 $1,427,461
Niagara Falls
Property
Classification
2023 Roll
Return CVA
Tax Rate by
Class
Transit Levy by
Class
Residential 9,300,310,789 0.00097638 9,080,637
New Multi-Residential 50,630,500 0.00097638 49,435
Multi-Residential 326,799,289 0.00192347 628,589
Commercial 2,401,362,990 0.00169392 4,067,717
Commercial - Excess 36,385,098 0.00156688 57,011
Commercial - Vacant 137,025,900 0.00156688 214,703
Landfill 3,152,500 0.00287081 9,050
Industrial 107,079,192 0.00256788 274,967
Industrial - Excess 5,248,457 0.00237529 12,467
Industrial - Vacant 29,528,600 0.00237529 70,139
Pipelines 46,246,000 0.00166190 76,856
Farmland 82,041,400 0.00024410 20,026
FAD 1 0 0.00073229 -
Managed Forests 1,607,300 0.00024410 392
Page 334 of 435
Bill 2023-31 Authorization Reference: CSC 4-2023
Minute Item 5.1
As amended by By-law No. 2020-37 CSC 5-2023
Minute Item 6
Page 23 of 31
Niagara Falls
Property
Classification
2023 Roll
Return CVA
Tax Rate by
Class
Transit Levy by
Class
Taxable Total 12,527,418,015 $14,561,989
Page 335 of 435
Bill 2023-31 Authorization Reference: CSC 4-2023
Minute Item 5.1
As amended by By-law No. 2020-37 CSC 5-2023
Minute Item 6
Page 24 of 31
Schedule E – 2023 TRANSIT TAX RATES & LEVY
Niagara-on-the-Lake
Property
Classification
2023 Roll
Return CVA
Tax Rate by
Class
Transit Levy by
Class
Residential 4,403,999,285 0.00042164 1,856,902
New Multi-Residential 3,041,000 0.00042164 1,282
Multi-Residential 16,745,500 0.00083063 13,909
Commercial 757,217,332 0.00073150 553,904
Commercial - Excess 15,833,678 0.00067664 10,714
Commercial - Vacant 17,756,000 0.00067664 12,014
Landfill 0 0.00123973 -
Industrial 42,423,400 0.00110891 47,044
Industrial - Excess 192,700 0.00102574 198
Industrial - Vacant 15,270,500 0.00102574 15,664
Pipelines 19,074,000 0.00071767 13,689
Farmland 564,649,916 0.00010541 59,520
FAD 1 0 0.00031623 -
Managed Forests 1,402,100 0.00010541 148
Taxable Total 5,857,605,411 $2,584,988
Pelham
Property
Classification
2023 Roll
Return CVA
Tax Rate by
Class
Transit Levy by
Class
Residential 2,722,860,343 0.00036767 1,001,114
New Multi-Residential 544,000 0.00036767 200
Multi-Residential 18,604,000 0.00072431 13,475
Commercial 105,659,646 0.00063787 67,397
Commercial - Excess 674,511 0.00059003 398
Commercial - Vacant 8,227,000 0.00059003 4,854
Landfill 0 0.00108105 -
Industrial 4,436,700 0.00096697 4,290
Industrial - Excess 45,100 0.00089445 40
Industrial - Vacant 101,000 0.00089445 90
Pipelines 17,877,000 0.00062581 11,188
Farmland 164,728,000 0.00009192 15,142
FAD 1 0 0.00027575 -
Managed Forests 3,597,900 0.00009192 331
Page 336 of 435
Bill 2023-31 Authorization Reference: CSC 4-2023
Minute Item 5.1
As amended by By-law No. 2020-37 CSC 5-2023
Minute Item 6
Page 25 of 31
Pelham
Property
Classification
2023 Roll
Return CVA
Tax Rate by
Class
Transit Levy by
Class
Taxable Total 3,047,355,200 $1,118,519
Page 337 of 435
Bill 2023-31 Authorization Reference: CSC 4-2023
Minute Item 5.1
As amended by By-law No. 2020-37 CSC 5-2023
Minute Item 6
Page 26 of 31
Schedule E – 2023 TRANSIT TAX RATES & LEVY
Port Colborne
Property
Classification
2023 Roll
Return CVA
Tax Rate by
Class
Transit Levy by
Class
Residential 1,678,627,031 0.00041580 697,973
New Multi-Residential 913,000 0.00041580 380
Multi-Residential 39,890,000 0.00081913 32,675
Commercial 138,428,236 0.00072137 99,858
Commercial - Excess 501,900 0.00066727 335
Commercial - Vacant 2,349,900 0.00066727 1,568
Landfill 0 0.00122256 -
Industrial 74,945,738 0.00109355 81,957
Industrial - Excess 2,735,766 0.00101154 2,767
Industrial - Vacant 6,291,400 0.00101154 6,364
Pipelines 10,846,000 0.00070773 7,676
Farmland 57,324,774 0.00010395 5,959
FAD 1 1,407,700 0.00031185 439
Managed Forests 838,900 0.00010395 87
Taxable Total 2,015,100,345 $938,038
St. Catharines
Property
Classification
2023 Roll
Return CVA
Tax Rate by
Class
Transit Levy by
Class
Residential 12,537,454,954 0.00120336 15,087,072
New Multi-Residential 111,376,920 0.00120336 134,027
Multi-Residential 671,350,768 0.00237062 1,591,518
Commercial 2,014,700,274 0.00208771 4,206,110
Commercial - Excess 11,592,829 0.00193113 22,387
Commercial - Vacant 24,261,700 0.00193113 46,852
Landfill 0 0.00353819 -
Industrial 160,165,398 0.00316484 506,898
Industrial - Excess 4,609,059 0.00292747 13,493
Industrial - Vacant 17,629,100 0.00292747 51,609
Pipelines 31,291,000 0.00204824 64,091
Farmland 155,708,800 0.00030084 46,843
FAD 1 0 0.00090252 -
Managed Forests 0 0.00030084 -
Page 338 of 435
Bill 2023-31 Authorization Reference: CSC 4-2023
Minute Item 5.1
As amended by By-law No. 2020-37 CSC 5-2023
Minute Item 6
Page 27 of 31
St. Catharines
Property
Classification
2023 Roll
Return CVA
Tax Rate by
Class
Transit Levy by
Class
Taxable Total 15,740,140,802 $21,770,900
Page 339 of 435
Bill 2023-31 Authorization Reference: CSC 4-2023
Minute Item 5.1
As amended by By-law No. 2020-37 CSC 5-2023
Minute Item 6
Page 28 of 31
Schedule E – 2023 TRANSIT TAX RATES & LEVY
Thorold
Property
Classification
2023 Roll
Return CVA
Tax Rate by
Class
Transit Levy by
Class
Residential 2,479,354,460 0.00055383 1,373,141
New Multi-Residential 73,019,800 0.00055383 40,441
Multi-Residential 43,783,800 0.00109105 47,770
Commercial 176,570,004 0.00096084 169,656
Commercial - Excess 3,007,013 0.00088878 2,673
Commercial - Vacant 7,056,200 0.00088878 6,271
Landfill 0 0.00162840 -
Industrial 50,736,758 0.00145657 73,902
Industrial - Excess 3,394,734 0.00134733 4,574
Industrial - Vacant 18,114,900 0.00134733 24,407
Pipelines 26,768,000 0.00094267 25,233
Farmland 52,552,340 0.00013846 7,276
FAD 1 0 0.00041537 -
Managed Forests 531,400 0.00013846 74
Taxable Total 2,934,889,409 $1,775,418
Wainfleet
Property
Classification
2023 Roll
Return CVA
Tax Rate by
Class
Transit Levy by
Class
Residential 955,662,725 0.00023389 223,520
New Multi-Residential 0 0.00023389 -
Multi-Residential 457,000 0.00046076 211
Commercial 19,289,805 0.00040578 7,827
Commercial - Excess 1,064,600 0.00037534 400
Commercial - Vacant 541,500 0.00037534 203
Landfill 0 0.00068770 -
Industrial 4,401,200 0.00061513 2,707
Industrial - Excess 85,300 0.00056900 49
Industrial - Vacant 132,000 0.00056900 75
Pipelines 5,988,000 0.00039810 2,384
Farmland 203,812,715 0.00005847 11,917
FAD 1 0 0.00017542 -
Managed Forests 1,758,989 0.00005847 103
Page 340 of 435
Bill 2023-31 Authorization Reference: CSC 4-2023
Minute Item 5.1
As amended by By-law No. 2020-37 CSC 5-2023
Minute Item 6
Page 29 of 31
Wainfleet
Property
Classification
2023 Roll
Return CVA
Tax Rate by
Class
Transit Levy by
Class
Taxable Total 1,193,193,834 $249,396
Page 341 of 435
Bill 2023-31 Authorization Reference: CSC 4-2023
Minute Item 5.1
As amended by By-law No. 2020-37 CSC 5-2023
Minute Item 6
Page 30 of 31
Schedule E – 2023 TRANSIT TAX RATES & LEVY
Welland
Property
Classification
2023 Roll
Return CVA
Tax Rate by
Class
Transit Levy by
Class
Residential 4,547,937,705 0.00118214 5,376,299
New Multi-Residential 25,382,500 0.00118214 30,006
Multi-Residential 138,259,700 0.00232882 321,982
Commercial 382,602,600 0.00205089 784,676
Commercial - Excess 8,702,628 0.00189708 16,510
Commercial - Vacant 19,739,500 0.00189708 37,447
Landfill 0 0.00347580 -
Industrial 126,571,843 0.00310903 393,516
Industrial - Excess 3,647,200 0.00287585 10,489
Industrial - Vacant 9,526,300 0.00287585 27,396
Pipelines 21,774,000 0.00201212 43,812
Farmland 21,649,400 0.00029554 6,398
FAD 1 0 0.00088661 -
Managed Forests 1,172,700 0.00029554 347
Taxable Total 5,306,966,076 $7,048,878
West Lincoln
Property
Classification
2023 Roll
Return CVA
Tax Rate by
Class
Transit Levy by
Class
Residential 1,850,967,253 0.00023272 430,757
New Multi-Residential 0 0.00023272 -
Multi-Residential 7,043,000 0.00045846 3,229
Commercial 79,449,872 0.00040375 32,078
Commercial - Excess 732,500 0.00037346 274
Commercial - Vacant 2,967,300 0.00037346 1,108
Landfill 0 0.00068426 -
Industrial 36,408,700 0.00061205 22,284
Industrial - Excess 305,200 0.00056615 173
Industrial - Vacant 1,227,000 0.00056615 695
Pipelines 29,148,000 0.00039611 11,546
Farmland 478,278,784 0.00005818 27,826
FAD 1 0 0.00017454 -
Managed Forests 2,581,600 0.00005818 150
Page 342 of 435
Bill 2023-31 Authorization Reference: CSC 4-2023
Minute Item 5.1
As amended by By-law No. 2020-37 CSC 5-2023
Minute Item 6
Page 31 of 31
West Lincoln
Property
Classification
2023 Roll
Return CVA
Tax Rate by
Class
Transit Levy by
Class
Taxable Total 2,489,109,209 $530,120
Page 343 of 435
Page 344 of 435
Page 345 of 435
The Corporation of the Town of Grimsby
Administration
Office of the Town Clerk
160 Livingston Avenue, Grimsby, ON L3M 0J5
Phone: 905-945-9634 Ext. 2171 | Fax: 905-945-5010
Email: bdunk@grimsby.ca
May 25, 2023
SENT VIA E-MAIL
4961 King St. E, Unit M1
Beamsville, ON
L0R 1B0
Attention: Sam Oosterhoff, MPP Niagara West
Re: Call for Action – Town of Grimsby, Mental Health, Addiction, and Housing
Affordability
The Council for the Corporation of the Town of Grimsby, passed the following
resolution; at its May 15, 2023 Town Council meeting. The resolution is a call for action
as it relates to the crisis on mental health, addiction and housing affordability.
Whereas the Niagara Region, City of St. Catharines, City of Thorold, City of
Niagara Falls, City of Welland and City of Hamilton have declared states of
emergencies on mental health, homelessness, and addiction; and
Whereas the declaration of the Emergency and a fix to the provincial funding
allocation for homelessness resulted in a 20.8-million-dollar investment for
homelessness prevention in Niagara, resulting in a 9.6 million dollar increase for
Niagara; and
Whereas lower tier municipalities follow the emergency plans of the upper-tier
government (Niagara Region) (Emergency management and civil protection act
1990); and
Whereas travel to other cities for services continues to be a challenge for several
residents in Grimsby; and
Whereas there has been a dramatic increase of domestic abuse in Niagara West
according to District 8 NRP, (with it now being their second-highest call volume in
Grimsby); and
Whereas the Canadian Economy loses 50 billion dollars a year in losses due to
Page 346 of 435
the issues of mental health and 40 billion dollars per year in losses due to
substance abuse (CAMH); and
Whereas the provincial emergency management and civil protection act reads:
The Lieutenant Governor in Council by emergency order may:
4. Establishing facilities for the care, welfare, safety and shelter of individuals,
including emergency shelters and hospitals and can procure the necessary
resources to those facilities of care and welfare, safety and shelter of individuals.
THEREFORE BE IT RESOLVED THAT Grimsby Council declare a state of
emergency and crisis on mental health, addiction and housing affordability.
BE IT FURTHER RESOLVED THAT the Town of Grimsby request more funding
for the West Lincoln Memorial hospital, so that the hospital may be a fully staffed/
functional hospital with built-in mental health and addiction services.
BE IT FURTHER RESOLVED THAT Town of Grimsby advocate for the
establishment of an emergency domestic abuse shelter servicing Niagara West
and research interested organizations willing to deliver this service locally.
BE IT FURTHER RESOLVED THAT the Town of Grimsby request that Sam
Oosterhoff, MPP for Niagara West approach the provincial minister’s Michael
Kerzner (Solicitor General), Michael Tobollo (Associate Minister- Mental Health
and Addiction), Sylvia Jones (Health) and Steve Clark (Municipal Affairs and
Housing) to discuss assistance for the priorities identified in this motion.
BE IT FURTHER RESOLVED THAT Grimsby Town Council request to the
Federal Treasury Board President, Mona Fortier, Finance Minister and Deputy
Canadian PM, Chrystia Freeland to immediately release the federal funds (as
provincial transfers) promised by their government in the sum of 4.5 Billion
dollars, and that Grimsby Town Council advocate for Niagara's allocation of this
previously promised mental health money by the Federal government.
BE IT FURTHER RESOLVED THAT the Town of Grimsby request MP Dean
Allison to approach the federal ministers Carolynn Bennett (Mental health and
addictions), Ahmed Hussen (Diversity and Housing), Chrystia Freeland
(Finance), and Mona Fortier (Treasury Board) to request Federal support for
Niagara Region's emergency on mental health, homelessness and addiction.
Page 347 of 435
BE IT FURTHER RESOLVED THAT all Niagara area municipalities, all Niagara
area MPPs, MP’s, Steven Soos, Niagara Health System, Hamilton Centre, MPP
Sara Jama, Hamilton Centre MP, Matthew Green, City of Hamilton, AMO, FCM,
Niagara Regional Police Chief, provincial and federal ministers of housing,
provincial and federal ministers of health, Grimsby and District Chamber of
Commerce, GBF Community Services-Grimsby, YWCA Niagara, Hamilton
Health Sciences, Greg Fergus, MP (Parliamentary Secretary Canada), Mona
Fortier (President Canada Treasury Board), Stephanie Kusie, Critic for the
Federal Treasury Board, Federal Minister of Finance, Chrystia Freeland, Federal
Minister of Mental Health and Addiction, Carolynn Bennett, Parliamentary
Secretary for Mental Health and Addictions, Elisabeth Briere, Parliamentary
Secretary for Mental Health and Addictions, Todd Doherty, Critic for Mental
Health, and Laila Goodridge, Critic for Addiction be copied on the resolution.
Town Council took the first step by supporting the motion, in its entirety, understanding
there are many specific asks that will follow. The delegate, Mr. Stephen Soos, asked
Council to forward the motion for your information and support. More about Mr. Soos
can be found here: https://www.niagarafallsreview.ca/local-
welland/news/2023/03/10/state-of-emergency-only-the-1st-step-soos.html.
Thank you for your consideration.
Bonnie Nistico-Dunk
Acting Town Clerk/kv
cc. Niagara area municipalities
Niagara area MPPs
Niagara area MP’s
Steven Soos
Niagara Health System
Hamilton Centre MPP, Sara Jama
Hamilton Centre MP, Matthew Green
City of Hamilton
AMO
FCM
Niagara Regional Police Chief, Bryan MacCulloch
Provincial and Federal Ministers of Housing
Provincial and Federal Ministers of Health
Page 348 of 435
Grimsby and District Chamber of Commerce
Grimsby Benevolent Fund
YWCA Niagara
Hamilton Health Sciences
Hull—Aylmer MP & Parliamentary Secretary to the Prime Minister, Greg Fergus
President Canada Treasury Board, Mona Fortier
Stephanie Kusie, Critic for the Federal Treasury Board
Federal Minister of Finance, Chrystia Freeland
Federal Minister of Mental Health and Addiction, Carolynn Bennett
Parliamentary Secretary for Mental Health and Addictions, Elisabeth Briere
Critic for Mental Health, Todd Doherty
Critic for Addiction, Laila Goodridge
Page 349 of 435
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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: May 30, 2023
Re: Matters Arising from the Diversity & Inclusion Committee
The City’s Diversity and Inclusion Committee recently discussed the topic of Land
Acknowledgements at a meeting and passed the following motion:
“That City Council include an official Land Acknowledgement at the
start of all Council meetings, City Committee meetings and City-led
public events.”
The motion was introduced to the committee by Mr. Brian Kon who provided the following
background to his motion:
“The road to truth and reconciliation involves two parties. The first includes the
Indigenous people who have, for thousands of years, been the caretakers of the land,
water and natural resources long before Canada formed as a nation, despite challenges
they faced over the past 500 years. The second is non-Indigenous and the reconciliation
to acknowledge the role Indigenous people played in ensuring those same resources are
enjoyed by both local citizens and visitors to Niagara today. Traditional Openings by
Indigenous leaders are important in the process but should not replace a statement of
respect from non-Indigenous people acknowledging gratitude for those gifts we all
share. Traditional Openings by Indigenous people are not intended to replace a Land
Acknowledgement”
Further comments from Mr. Kon speak to the order in which the Land Acknowledgment
be placed on an agenda.
RECOMMENDATION: That Council refer the matter to staff to consider options for the
Land Acknowledgement at Council Meetings and othe r City run events, as well as when
and where the acknowledgement appears on an agenda and report back to Council.
Page 420 of 435
CITY OF NIAGARA FALLS
By-law No. 2023 - 050
A by-law to exempt the property municipally known as 7277 Wilson Crescent from the
requirements for approval of condominium descriptions under Sections 51 and 51.1 of
the Planning Act.
WHEREAS Sections 9(3)(b) and 9(7) of the Condominium Act, 1998, provides that the
approval authority may by by-law exempt a plan from the provisions of Sections 51 and
51.1 of the Planning Act;
AND WHEREAS the property is subject to a registered site plan agreement (Instrument
No. SN703905);
AND WHEREAS all issues regarding development, servicing, grading, parking,
landscaping and zoning compliance were reviewed at the time of Site Plan Approval;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF
NIAGARA FALLS ENACTS AS FOLLOWS:
1. The lands described as Lot 1, Plan 85 and Part of Lot 1, Plan 207, Stamford
designated as Part 1, 59R-16857; Lots 2 and 3, Plan 85, Stamford designated as
Part 2, 59R-16857; save and except for Part 1, 59R-16896 being all of PIN 64372-
0797 (LT), City of Niagara Falls are hereby exempt from the provisions of Sections
51 and 51.1 of the Planning Act in accordance with Sections 9(3)(b) and 9(7) of
the Condominium Act, 1998.
2. This by-law shall be in effect for a period of one year from May 30, 2023.
Read a First, Second and Third time; passed, signed and sealed in open Council
this 30th day of May, 2023.
....................................................................... .....................................................................
WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR
S:\SUBDIVIS\PCONDO\Wilson Cr, 7277, 26CD-11-2023-001 (Condo Exemption)\By-law - Exemption for 7277 Wilson
Crescent.docx
Page 421 of 435
CITY OF NIAGARA FALLS
By-law No. 2023 - 051
A by-law to declare PIN 64250-0049 (LT), Part Lot 1, Concession 3, Crowland, being a
given road known as Cook’s Mills Road (aka County Road No. 11), lying between Schisler
Road & Road Allowance between Concession 3 & 4, in the City of Niagara Falls, in the
Regional Municipality of Niagara, as surplus.
WHEREAS City of Niagara Falls By-law No. 2003-16 governing the sale of land by the
City of Niagara Falls provides that prior to selling any land, the Council of The Corporation
of the City of Niagara Falls shall by by-law or resolution declare the land to be surplus;
AND WHEREAS the Council of The Corporation of the City of Niagara Falls, at its meeting
of April 6, 2023, adopted the Recommendations of Council Report L-2023-08, to
permanently close and declare surplus PIN 64250-0049 (LT), Part Lot 1, Concession 3,
Crowland, being a given road known as Cook’s Mills Road (aka County Road No. 11),
lying between Schisler Road & Road Allowance between Concession 3 & 4;
AND WHEREAS the Council of The Corporation of the City of Niagara Falls now deems
it expedient to pass this by-law;
THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS
AS FOLLOWS:
1. PIN 64250-0049 (LT), Part Lot 1, Concession 3, Crowland, being a given road
known as Cook’s Mills Road (aka County Road No. 11), lying between Schisler
Road & Road Allowance between Concession 3 & 4, in the City of Niagara Falls,
in the Regional Municipality of Niagara, hereby declared surplus.
2. The Mayor and City Clerk and City Solicitor are hereby authorized to execute all
documents that may be required for the purpose of carrying out the intent of this
by-law and the Clerk is hereby authorized to affix the corporate seal thereto and to
deliver such documents.
Read a First, Second and Third time; passed, signed, and sealed in open Council this
30th day of May 2023.
................................................................ ................................................................
WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR
Page 422 of 435
CITY OF NIAGARA FALLS
By-law No. 2023 - 052
A by-law to permanently close a highway.
WHEREAS Section 34 of the Municipal Act, provides, in part, that the Council of every
municipality may pass by-laws to permanently close any highway;
AND WHEREAS the Council of The Corporation of the City of Niagara Falls now deems
it expedient to pass this by-law;
THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS
AS FOLLOWS:
1. PIN 64250-0049 (LT), Part Lot 1, Concession 3, Crowland, being a given road
known as Cook’s Mills Road (aka County Road No. 11), lying between Schisler
Road & Road Allowance between Concession 3 & 4, in the City of Niagara Falls,
in the Regional Municipality of Niagara, is hereby permanently closed.
2. The Mayor and City Clerk and City Solicitor are hereby authorized to execute all
documents that may be required for the purpose of carrying out the intent of this
by-law and the City 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
30th day of May 2023.
................................................................ ................................................................
WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR
Page 423 of 435
CITY OF NIAGARA FALLS
By-law No. 2023 - 053
A by-law to amend By-law No. 2002-081, being a by-law to appoint City employees,
agents and third parties for the enforcement of provincial or municipal by-laws.
THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS
AS FOLLOWS:
1 . By-law No. 2002-081 is amended by deleting Schedules “B”, “C” and “D5” and that
Schedules “B”, “C” and “D5” attached hereto shall be inserted in lieu thereof.
Read a first, second, third time and passed.
Signed and sealed in open Council on this 30TH day of May, 2023.
............................................................... ...........................................................
WILLIAM MATSON, CITY CLERK JAMES M. DIODATI, MAYOR
Page 424 of 435
SCHEDULE “B”
1. Municipal By-law Enforcement Officers:
Salman Alihbhai
Paul Brown
Hope Ciszek
Jonathan Cook
Doug Evans
Mike Formica
John Grubich
Eric Marr
Jana Mills
Philip Rudachuk
Bart Skiba
Brian Sparks
Gerald Spencer
Heather Stones
Patrick Vernon
Deryck Burke
Page 425 of 435
SCHEDULE “C”
1. Parking By-law Enforcement Officers:
Florina Andrei
Paul Brown
Marianne Catherwood
Stew Frerotte
John Garvie
Douglas Goodings
Cathy Hanson
Jay Modi
Ashley Piercey
Liam Raymond
Philip Rudachuk
Morgan Sereeira
Thomas Tavender
SCHEDULE “D5”
NIAGARA CLIFTON GROUP
Parking By-law Enforcement Officers on private property:
Frank Costabile
Jillian Oliver
Shawn Collee
Samantha Eberly
Page 426 of 435
CITY OF NIAGARA FALLS
By-law No. 2023 - 054
A by-law to declare Vacant Land between 3846 Portage Road and 3943 Orlando Drive,
being Part of Blocks L and M on Plan 33 being Part 3 on a draft Reference Plan, as
surplus.
WHEREAS City of Niagara Falls By-law No. 2003-16, as amended by 2005-123,
governing the sale of land by the City of Niagara Falls provides that prior to selling any
land, the Council of The Corporation of the City of Niagara Falls shall by by-law or
resolution declare the land to be surplus;
AND WHEREAS the Council of The Corporation of the City of Niagara Falls, at its meeting
of May 30, 2023, adopted the Recommendations of Council Report L-2023-10, to declare
Part of Blocks L and M on Plan 33 being Part 3 on a draft Reference Plan (Part of PIN
64278-0200 (LT)), as surplus.
AND WHEREAS the Council of The Corporation of the City of Niagara Falls now deems
it expedient to pass this by-law;
THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS
AS FOLLOWS:
1. That Part of Blocks L and M on Plan 33 being Part 3 on a draft Reference Plan, in
the City of Niagara Falls, in the Regional Municipality of Niagara, is hereby
declared surplus.
2. The Mayor and City Clerk and City Solicitor are hereby authorized to execute all
documents that may be required for the purpose of carrying out the intent of this
by-law and the Clerk is hereby authorized to affix the corporate seal thereto and to
deliver such documents.
Read a First, Second and Third time; passed, signed and sealed in open Council
this 30th day of May, 2023.
................................................................ ................................................................
WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR
Page 427 of 435
THE CORPORATION OF THE CITY OF NIAGARA FALLS
BY-LAW
Number 2023 - 055
A by-law to amend By-law No. 89-2000, being a
by-law to regulate parking and traffic on City
Roads. (Parking Meter Zones, Limited Parking)
---------------------------------------------------------------
The Council of the Corporation of the City of Niagara Falls hereby ENACTS as follows:
a) by removing from the specified column of Schedule G thereto the following items:
PARKING METER ZONES
COLUMN 1
HIGHWAY
COLUMN 2
SIDE
COLUMN 3
BETWEEN
COLUMN 4
FEES
COLUMN 5
MAXIMUM
HOURS
COLUMN 6
TIMES/DAYS
Victoria Ave.
Both
Morrison St. and
Jepson St.
$1.50/1 hour
$0.75/30 minutes
$0.40/15 minutes
$0.25/10 minutes
$0.25 minimum
payment
2 hours
8:00 a.m. to 6:00 p.m.
Except Sat., Sun. and
Hol.
Victoria Ave.
East
Bridge St. and
Valley Way
$1.50/1 hour
$0.75/30 minutes
$0.40/15 minutes
$0.25/10 minutes
$0.25 minimum
payment
2 hours
9:00 a.m. to 5:00 p.m.
Except Sat., Sun. and
Hol.
Victoria Ave.
West Bridge St. and
Maple St.
$1.50/1 hour
$0.75/30 minutes
$0.40/15 minutes
$0.25/10 minutes
$0.25 minimum
payment
2 hours 9:00 a.m. to 5:00 p.m.
Except Sat., Sun. and
Hol.
Page 428 of 435
b) by adding to the specified column of Schedule G thereto the following item:
PARKING METER ZONES
COLUMN 1
HIGHWAY
COLUMN 2
SIDE
COLUMN 3
BETWEEN
COLUMN 4
FEES
COLUMN 5
MAXIMUM
HOURS
COLUMN 6
TIMES/DAYS
Victoria Ave.
Both
Simcoe St. and
Jepson St.
$1.50/1 hour
$0.75/30 minutes
$0.40/15 minutes
$0.25/10 minutes
$0.25 minimum
payment
2 hours
8:00 a.m. to 6:00 p.m.
Except Sat., Sun. and
Hol.
c) by adding to the specified column of Schedule E thereto the following items:
LIMITED PARKING
COLUMN 1
HIGHWAY
COLUMN 2
SIDE
COLUMN 3
BETWEEN
COLUMN 4
TIMES OR DAYS
COLUMN 5
MAXIMUM
PERIOD
PERMITTED
Victoria Ave. East A point 12 m north of Simcoe St and
a point 61 m south of Morrison Street
9:00 a.m. to 5:00 p.m.
Mon. to Fri.
2 hours
Victoria Ave. East A point 35 m south of Morrison St and
a point 15 m south of Valley Way
9:00 a.m. to 5:00 p.m.
Mon. to Fri. 2 hours
Victoria Ave. East A point 28 m north of Valley Way and
a point 22 m south of Queen St.
9:00 a.m. to 5:00 p.m.
Mon. to Fri. 2 hours
Victoria Ave. East a point 40 m north of Queen St and
a point 26 m south of Park St.
9:00 a.m. to 5:00 p.m.
Mon. to Fri. 2 hours
Victoria Ave. East A point 12 m north of Park St. and
a point 55 m south of Bridge St.
9:00 a.m. to 5:00 p.m.
Mon. to Fri. 2 hours
Victoria Ave. West A point 36 m south of Bridge St and
a point 25 m north of Maple St.
9:00 a.m. to 5:00 p.m.
Mon. to Fri.
2 hours
Victoria Ave. West A point 60 m south of Morison Street and
a point 20m north of Willmott Street
9:00 a.m. to 5:00 p.m.
Mon. to Fri.
2 hours
Victoria Ave. West A point 20 m south of Willmott St and
a point 35 m north of Simcoe St.
9:00 a.m. to 5:00 p.m.
Mon. to Fri.
2 hours
This By-law shall come into force when the appropriate signs are installed.
Passed this thirtieth day of May, 2023.
............................................................... ...........................................................
WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR
First Reading: May 30, 2023
Second Reading: May 30, 2023
Third Reading: May 30, 2023
Page 429 of 435
CITY OF NIAGARA FALLS
By-law No. 2023 – 056
A by-law to set and levy the rates of taxation for City purposes, for Regional purposes, and
for Education purposes for the year 2023.
WHEREAS Section 312 of the Municipal Act, 2001, S.O. c.25 provides that the Council of a
local municipality shall pass a by-law to levy a separate tax rate on the assessment in each
property class;
AND WHEREAS the assessment of classes of rateable property described as
residential/farm, multi residential, commercial, industrial, pipeline, farmland, managed forest
and large industrial, as defined in the Assessment Act, and regulations thereto, have been
determined on the basis of the aforementioned property assessment rolls;
AND WHEREAS the tax ratios and the tax rate reductions for prescribed property classes
for the 2023 taxation year have been set out in By-law 2023-31 of the Regional Municipality
of Niagara, dated 18th day of May 2023;
AND WHEREAS the tax rates and tax levies for purposes of the Regional Municipality of
Niagara for the 2023 taxation year have been set out in By-law 2023-18 of the Regional
Municipality of Niagara, dated 18th day of May 2023;
AND WHEREAS the Council of the Corporation of the City of Niagara Falls has adopted
estimates of all sums required to be raised by it during the year 2023;
AND WHEREAS the tax rates on the aforementioned property classes and property
subclasses have been calculated pursuant to the provisions of the Municipal Act, 2001, and
applicable regulations in the manner set out herein;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA
FALLS HEREBY ENACTS AS FOLLOWS:
1. The assessments for the City of Niagara Falls on which the sums required for the
year 2023 are to be levied for the various purposes hereinafter set forth are as
follows:
Page 430 of 435
Assessment Category Assessment
Amount General
Assessment Amount
Urban Service Area
RESIDENTIAL/FARM 9,300,310,789 8,748,419,589
MULTI-RESIDENTIAL 326,799,289 325,528,189
NEW MULTI-RESIDENTIAL 50,630,500 45,627,500
COMMERCIAL
Taxable General 11,915,000 11,915,000
Taxable Full 2,095,187,382 2,025,869,382
Excess Land 33,291,071 30,170,871
Vacant Land 137,025,900 136,900,600
Office Building 10,883,100 10,883,100
Shopping Centre 200,403,608 200,403,608
Excess Land 3,094,027 3,094,027
Parking Lot 82,937,600 82,183,600
LANDFILL
Taxable Full 3,152,500 0
INDUSTRIAL
Taxable Full 107,079,192 91,288,692
Excess Land 5,248,457 3,930,857
Vacant Land 29,528,600 23,283,600
PIPELINES
Taxable Full 46,246,000 29,698,000
FARMLANDS 82,041,400 1,915,100
MANAGED FORESTS 1,607,300 0
FARMLANDS AWAITING
DEVELOPMENT 1 0 0
Page 431 of 435
2. There shall be levied and collected by taxation in the City of Niagara Falls for the year
2023 for the several purposes and in the manner hereinafter provided, the several sums
and amounts following and for such purposes the several rates hereinafter mentioned are
hereby imposed, namely:
(a) in the whole of the City of Niagara Falls:
(i) for the general purposes, including items of civic expenditure, except
those hereinafter specifically mentioned, the sum of $89,805,692 which
includes the amount of $8,928,431 for waste management services;
(ii) for public and separate school board purposes the sum of $39,088,989;
(iii) for the purpose of The Regional Municipality of Niagara the sum of
$93,019,079;
(iv) for the purpose of Transit services the sum of $14,561,989; and
(b) in Urban Service Areas 1 and 2:
(i) for urban service purposes the sum of $2,944,672
3. The tax rate schedule set out in Schedule “A” is hereby adopted to be applied against
the whole of the assessment for rateable property.
4. Every owner shall be taxed according to the tax rates in this by-law and such tax shall
become due and payable for 2023 only, for,
(a) Residential, Pipeline, Farmland and Managed Forest Assessments on
June 29, 2023 and September 29, 2023, and
(b) Commercial, Industrial and Multi-Residential Assessments on August
31, 2023 and October 31, 2023.
5. The Treasurer is hereby authorized and required to make, prepare and certify a Tax
Roll in accordance with the requirements of this By-law and other applicable law.
6. It shall be the duty of the Tax Collector to pay into the hands of the Treasurer of the
City of Niagara Falls all sums of money that may be collected by him under the
authority of this by-law and to make a return of his or her Roll on or before the 31st
day of December 2023.
7. This by-law shall come into force and effect immediately upon passing thereof.
8. Schedule “A” attached to this By-law shall form part of this By-law.
Page 432 of 435
Passed this 30th day of May, 2023
......................................................................... ....................................................
WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR
First Reading: May 30, 2023
Second Reading: May 30, 2023
Third Reading: May 30, 2023
Page 433 of 435
Urban Service
Area
Urban Service
Area Total
Property Class Code City City Capital
Levy
Waste
Mgmt.Transit Region Schools Total
Residential/Farm RT 0.542281%0.007718%0.059865%0.097638%0.623692%0.153000%1.484194%0.020869%1.505063%
New Multi-
Residential NT 0.542281%0.007718%0.059865%0.097638%0.623692%0.153000%1.484194%0.020869%1.505063%
Multi-residential MT 1.068294%0.015205%0.117934%0.192347%1.228673%0.153000%2.775453%0.041112%2.816565%
Commercial
-Occupied CT/CM 0.940804%0.013390%0.103860%0.169392%1.082043%0.880000%3.189489%0.036206%3.225695%
-Excess Land CU 0.870243%0.012386%0.096070%0.156688%1.000890%0.880000%3.016277%0.033490%3.049767%
-Vacant Land CX 0.870243%0.012386%0.096070%0.156688%1.000890%0.880000%3.016277%0.033490%3.049767%
Commercial Other
-Occupied DT/GT/ST 0.940804%0.013390%0.103860%0.169392%1.082043%0.880000%3.189489%0.036206%3.225695%
-Excess Land DU/SU 0.870243%0.012386%0.096070%0.156688%1.000890%0.880000%3.016277%0.033490%3.049767%
Commercial
Small Scale On-Farm C7 0.940804%0.013390%0.103860%0.169392%1.082043%0.220000%2.529489%0.036206%2.565695%
Landfill HT 1.594448%0.022693%0.176019%0.287081%1.833817%0.880000%4.794058%N/A 4.794058%
Industrial
-Occupied IT/LT 1.426200%0.020298%0.157445%0.256788%1.640310%0.880000%4.381041%0.054886%4.435927%
-Excess Land IU/LU 1.319235%0.018776%0.145637%0.237529%1.517287%0.880000%4.118464%0.050769%4.169233%
-Vacant Land IX 1.319235%0.018776%0.145637%0.237529%1.517287%0.880000%4.118464%0.050769%4.169233%
Pipelines PT 0.923017%0.013137%0.101896%0.166190%1.061586%0.880000%3.145826%0.035521%3.181347%
Farmland FT 0.135570%0.001930%0.014966%0.024410%0.155923%0.038250%0.371049%0.005217%0.376266%
Managed Forests TT 0.135570%0.001930%0.014966%0.024410%0.155923%0.038250%0.371049%0.005217%0.376266%
Farmland Awaiting
Development I C1 0.406711%0.001930%0.044899%0.073229%0.467769%0.114750%1.109288%0.015652%1.124940%
Schedule "A"
CITY OF NIAGARA FALLS
2023 Tax Rates
Assessment General Rates
Page 434 of 435
CITY OF NIAGARA FALLS
By-law No. 2023 – 057
A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the
30th day of May, 2023.
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 30th day of May, 2023
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 to 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 30th day of May, 2023.
.............................................................. .............................................................
BILL MATSON, CITY CLERK JAMES M. DIODATI, MAYOR
Page 435 of 435