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2005/11/21COUNCIL MEETING Monday, November 21, 2005 Order of Business and Agenda Package COUNCIL MEETING November 21, 2005 PRAYER: Alderman Carolynn loannoni ADOPTION OF MINUTES: Council Minutes of November 7, 2005 DISCLOSURES OF PECUNIARY INTEREST Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. ITEM NO. 45 -AND NOTE: PLANNING MATTERS Public Meeting Reconsideration of Decision, Zoning By -law Amendment Application AM- 20/2005, Dorchester Road East Side) 6846 Frederica Street, Applicant: Peter S. Lesdow, Proposed Townhouse Development and Existing Church. Correspondence from Peter J. Lesdow Various correspondences from residents will be included in the December 5 agenda. ITEM NO. 46 ITEM NO. 47 -AND- Letter from City Clerk 2 Public Meeting Zoning By -law Amendment Application AM- 25/2005, 5056 Montrose Road, Applicant: Angelo Marino, Proposed Convenience Commercial Use and Recognition of a Residential Dwelling. Background Material: Recommendation Report: PD- 2005 -93 Public Meeting Zoning By -law Amendment Application, AM- 26/2005, 4610 Ferguson Street, Applicant: Christopher J. Johns, Recognize Two Existing Dweling Units Background Material: Recommendation Report: PD- 2005 -92 ITEM NO. 48 Public Meeting Modifications to the Niagara Falls Official Plan Background Material: Recommendation Report: PD- 2005 -95 MAYOR'S REPORTS. ANNOUNCEMENT COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. Sobeys Ontario Application for Tourism Exemption regarding Holiday openings Commisso's Food Market, 3714 Portage Road, Niagara Falls, ON RECOMMENDATION: For the Consideration of Council -AND- Memo from City Clerk. 3 2. Central Veterans Association requesting that all vehicles bearing the "Veteran" license plate are permitted free parking at city meters and parking areas on a permanent basis. AND Memo from Karl Dren, Manager of Traffic and Parking Services. RECOMMENDATION: For the Consideration of Council. 3. Tom Saks, Renaissance Fallsview Noise concern from My Cousin Vinny's restaurant. RECOMMENDATION: For the Information of Council. 4. Regional Council Review Committee Regional Council is undertaking a review of the function of planning, a Review Committee is being established, would a member of Niagara Falls City Council be interested to sit on this committee? RECOMMENDATION: For the Decision of Council. Additional Items for Council Consideration: The City Clerk will advise of any further items for Council consideration. REPORTS CLERKS MATTERS 1. Chief Administrative Officer CS- 2006 -11 2006 Council Scheule FINANCE MATTERS 1. Chief Administrative Officer F- 2005 -54 Federal Gas Tax Revenue 2005 -192 4 RATIFICATION OF COMMUNITY SERVICES (Alderman Selina Volpatti, Chair) RATIFICATION OF CORPORATE SERVICES Alderman Wayne Campbell, Chair) 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, AN ALDERMAN MAY REQUEST THAT ONE OR MORE OF THE REPORTS BE MOVED OUT OF THE CONSENT AGENDA TO BE CONSIDERED SEPARATELY. PD- 2005 -94 Matters Arising from the Municipal Heritage Committee Meeting October 26, 2005 MW- 2005 -131 Parkside Road Extension Through Hydro Corridor Garner Neighbourhood MW- 2005 -133 Union Marsh Drain Project MW- 2005 -134 Tender T -13 -2005 MW- 2005 -138 Quotation for Supply and Apply of Sand /Salt in City Parking Lots Three Year Term MW- 2005 -139 Tender for Snowplowing in City Parking Lots Three Year Term FS- 2005 -08 Combat Challenge Agreement BY -LAWS The City Clerk will advise of any additional by -laws or amendments to the by -laws listed for Council consideration. A by -law to dedicate Blocks 114 and 115 on Registered Plan 59M -324 as public highways, to be known as and to form part of Shannon Drive and St. Michael Avenue, respectively. 2005 -193 A by -law to establish Block 103 on Registeed Plan 59M -338 as a public highway, to be known as and to form part of Garner Road. 2005 -194 A by -law to authorize the execution of a Commercial Land Lease with Ontario Realty Corporation an Her Majesty The Queen respecting the lease of lands known as Municipal Parking Lot 18 located at the corner of Victoria Avenue and Kitchener Street, Niagara Falls. 2005 -195 A by -law to establish Block 102 on Registered Plan 59M -315 as a public highway, to be known as and to form part of Westport Drive. 2005 -196 A by -law to amend By -law No. 2005 -55, being a by -law to establish regulations for a hotel on the easterly portion of the land and a commercial development exclusive of a hotel or motel on the westerly portion of the land, which amended By -law No. 79 -200. 2005 -197 A by -law to provide for the adoption of an amendment to the City of Niagara Falls Official Plan (OPA No. 63). 2005 -198 A by -law to amend By -law No. 79 -200, to permit the first phase of a resort commercial development (AM- 03/2004, Brown Rd. at Kalar) 2005 -199 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. (Parking Prohibited) 2005 -200 A by -law to execute this Municipal Funding Agreement for the Transfer of Federal Gas Tax Revenues under the New Deal for Cities and Communities between the Association of Municipalities and the Corporation of the City of Niagara Falls as in Schedule "A" attached hereto. 2005 -201 2005 -202 5 A by -law to amend By -law 89 -155 and adopt a Schedule of Meetings. A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 21s day of November, 2005. NEW BUSINESS PE"T"ER J. LE$DOW A R C H I T E C T Fax 14 L. kIGi< wiLSci Fans io5) 350 235 Phone: 5) 354 75i 2c /za, LA.-) Ati611:416-$T p fF..1CAT 4 Lra24 51ER taaftz> C_Af�t'�if%�1 60440 fREW -COCA tT Ee r Urgers* 0 For Review 0 Please Comment Meese Reply 0 Please Recycle Comments: Psges: O2- bite v 111 26V5 cc: ft-x -o -C IS A Ll 11 ER RE_ZiLtS T►X fw PE V.4:2, -tvti~ 1? iC. T ipa 2 lb Me-, 2G (0 /4 Planning Scanned File: RECEIVED NOV 14 2005 PLANNING DEVELOPMENT 6710 Drummond Road, Suite 6, Niagara Falls, Ontario, 1.2G 4P1 Phone: 905.357A 112 Fax 905 39%.1112 Email: plesdow©iaw.on.ca MR. RICK WILSON CORPORATE SERVICE DEPARTMENT PLANNING DEVELOPMENT 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 Nov.11, 2005 Dear Mr. Wilson, Peter J. Lesdow B.A., B.Arch., O.A.A., M.R.A.I.C. PETER J. LESDOW A R C H I T E C T RE: AM 20/2005 ZONING BV-Law AMENDMENT APPLICA1 IVN DORCHESTER ROAD (EAST SIDE), 6846 FREDERICA STREET Planning ¢ca nned_ Further to our telephone conversations this moming, this confirms our request to reschedule the public meeting from Nov. 21 to December 5, 2005 In order to allow more time to address issues associated with the church site plan, storm water servicing and a tree expert's opinion on the East yard setback distance. RECEIVED NOV 14 2005 PLANNING DEVELOPMENT PeterJ.Lesdow •architect 6710 Drummond Road, Suite 6, Niagara Falls, Ontario, L2G 4P1 Phone: 905.357.1112 Fax: 905.357.1112 Emil: plesaowaziaw.on.ca Ur�N/9,r Niagara Falls I The City of Canada Corporate Services Department PD- 2005 -93 Planning Development Doug Darbyson 4310 Queen Street Director P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: (905) 356 -7521 Fax: (905) 356 -2354 E -mail: planning @city.niagarafalls.on.ca His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: BACKGROUND: November 21, 2005 Re: PD- 2005 -93, Zoning By -law Amendment Application AM- 25/2005, 5056 Montrose Road Applicant: Angelo Marino Proposed Convenience Commercial Use and Recognition of a Residential Dwelling It is recommended that Council: 1) approve the request to recognize one of the two existing second floor residential units as an accessory use to principal uses permitted on the land; and 2) approve the request to allow a retail store on the property, but only on a temporary basis though the passage of a three (3) year temporary use by -law. Angelo Marino has requested an amendment to Zoning By -law No. 79 -200 for a 1,393 sq. m (15,000 sq. ft.) parcel of land known as 5056 Montrose Road, as shown on Schedule 1. The applicant is proposing to establish a retail store (convenience store) on the ground floor of the existing building and recognize one of the two dwelling units on the second floor, as shown on Schedule 2. The land is currently zoned Light Industrial (LI). The LI zone is requested to be amended site specifically to add a convenience retail store and a dwelling unit as permitted uses on the land. The owner filed a Zoning By -law amendment application in 1994 to recognize one of the existing residential units along with an existing dance studio on the ground floor, through a site specific Prestige Industrial zone. These uses had been located in this recently constructed building without approvals. The uses were considered in keeping with the Official Plan and were recommended for approval. The necessary amending by -law was never presented to Council for passing. The dance studio use later ceased and a long standing residential dwelling located in front of the existing building was demolished. However, the two non conforming residential units have continued to exist contrary to the Zoning By -law. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development November 21, 2005 2 PD- 2005 -93 Surrounding Land Uses The property is located within the Northwest Industrial District. To the north, east and southeast there are a number of large industrial operations, including Niagara Block, the Regional Recycling Facility and LaFarge Canada. To the south there are some remnant residential uses mixed in with some small -scale industrial operations. To the west, across Montrose Road, there is a residential neighbourhood. Immediately to the west there is a vacant parcel with site specific zoning (NC -322) that would permit the development of a 3,530 sq. m (38,000 sq. ft.) neighbourhood plaza. Circulation Comments Regional Municipality of Niagara Ministry of the Environment's (MOE) D6 Land Use Compatibility Guidelines call for appropriate distances between industrial and sensitive land uses (residences) to mitigate adverse impacts of industrial operations. Minimum separation distances from Class 11 (medium industry) uses are 70 metres (230 feet) where mitigation measures are used. Recognition of a new residential use may not comply with these guidelines. However, given the long -term residential use of the property, the Region does not object to an accessory residential use. A Record of Site Condition (RSC) is normally required before a change from industrial to residential use can occur. However, given the fact this use already exists, an RSC will not be required. There are no objections to the commercial use. However, the City should consider if a convenience store is necessary given the future neighbourhood commercial use across the street. The site plan does not identify a road widening at the front of the property and a daylight triangle at the northwest corner of the property, previously acquired by the Region. City Clerk A business licence is required for the convenience store. Fire Services No objections. Building By -law Services A building permit will be required for conversions to any new uses. Municipal Works Further development of this property should be subject to site plan control. Regional comments regarding encroachments on Regional property should be obtained. The existing aisle on the north side of the building is not wide enough for a full two way access. Should the access to the recycling facility driveway remain, this aisle should be dedicated as a one -way access. November 21, 2005 3 PD- 2005 -93 Planning Analysis Although the requested retail store would not normally be supported at this location due to potential competition with a planned commercial centre, it can be supported as a temporary use until the proposed plaza across the street gets built. The recognition of one of the two dwelling units can be supported as an accessory use. The following is a summary of Planning staff's analysis of the application. 1. Temporary approval of the requested convenience retail store does not offend the Official Plan. The land is designated Industrial in the Official Plan. Industrial areas are not intended to serve a significant commercial function. Limited convenience commercial outlets are permitted where they are dedicated to serving the industrial district. These outlets are not intended to compete with planned commercial uses. The Northwest Community Secondary Plan further directs convenience commercial uses away from this industrial area and to planned commercial areas. A proposal to locate a store on this site would conform to these policies if such a store would not compete with planned commercial areas. However, zoning is already in place for a large neighbourhood commercial facility immediately across Montrose Road. Commercial uses to serve this area should be located in this planned facility. The planned neighbourhood facility is still unbuilt and there are limited convenience commercial outlets in this area to serve the surrounding area. To provide such a facility at this time, it is recommended that Council approve the requested use through a temporary use by -law. The Official Plan permits temporary use by -laws of a maximum 3 -year duration to be passed provided they do not entrench temporary uses by requiring major renovations to the building or investments in the temporary use. As the applicant would only make relatively minor renovations to the existing building to accommodate this use, the requested retail store can be supported as a temporary use. The building can be converted back to a small -scale industrial use when the temporary use by -law expires. If the shopping centre across the street has not been built in three years time, Council can consider extensions to the temporary use by -law. 2. Permitting one accessory residential unit does not offend the Ministry of the Environment guidelines or the Official Plan. The Ministry of the Environment guidelines referenced above allow accessory caretaker units to be considered on industrial sites for securitypurposes. Unlike stand -alone residential uses, caretaker units are established with the knowledge that surrounding industrial uses may cause some disruption to occupants. There are no required separation distances for caretaker units from industrial operations. Residential uses are not permitted in Industrially designated areas as they can be negatively impacted by industrial uses or interfere with future industrial development. However, the Official Plan allows for uses that are accessory to industrial operations, including `caretaker' residential units to provide security or maintenance for industrial operations. November 21, 2005 4 PD- 2005 -93 Provided the unit is maintained as an accessory caretaker unit to the principal industrial or commercial use, the requested residential use can be supported. To ensure this residential use remains accessory, the zoning by -law will restrict the unit to the second floor of the building and specify that it is to remain accessory to a permitted industrial or commercial use. 3. The requested Zoning By -law amendment to permit the retail store can be approved on a temporary basis only. The City has committed itself to a neighbourhood commercial facility on the west side of Montrose Road to serve the surrounding area. It is not appropriate to approve a permanent convenience commercial store on this site that would directly compete with the neighbourhood centre. Therefore, it is necessary to permit the use only through a temporary use by -law. This implementing temporary use by -law will be in force for a maximum of three years, after which time the use will need to cease. The site is appropriate for this temporary use. Ample parking, in excess of by -law requirements, can be provided to serve the retail store use. In addition, sufficient access is provided to the site for nearby workers and residents, through a formal access on Montrose Road and a secondary access provided by the Region from the Regional Recycling Facility driveway. 4. The proposed Zoning By -law amendment can recognize a residential unit accessory to the main use of the land. Adding a residential unit as a permitted use is appropriate provided this unit is subordinate and accessory to a main permitted use on the property as discussed above. As this accessory unit is intended to be recognized as a permanent use, an amending by -law, separate from the temporary use by -law discussed above, would need to be passed by Council. The existing site conditions do not conform to the Zoning By -law. Whereas 67% of the required front yard setback is to be landscaped, only about 15% of the front yard is proposed to be landscaped. Further, whereas 3.5 m (11.5 ft.) side yard setbacks are to be provided, the building has a 3.3 m (11 ft.) southerly side yard setback. Given the Regional Recycling Facility access to the north, the current orientation of the driveway cannot be changed and no landscaping can be provided between the front parking area and the street. The existing front yard landscaping and southerly side yard setback should be recognized in the amending zoning by -law. 5. The proposed uses should not cause compatibility conflicts with the adjacent industrial development. The existing building and a portion of its use for residential purposes has achieved a measure of compatibility and stability with the industrial neighbours. Recognizing an accessory residential use will not increase conflicts with the industrial land. The proposed retail store is not considered a sensitive land use and there are no apparent conflicts with surrounding industrial uses. The driveway entrance to this property was recently reconstructed by the Region so as not to conflict with traffic entering into the Regional Recycling Facility. November 21, 2005 5 PD- 2005 -93 CONCLUSION: 1. The requested convenience commercial retail store can be supported as a temporary use which should avoid unplanned competition with a future complying neighbourhood centre on the west side of Montrose Road. 2. Recognition of one of the two residential units on the second floor as a caretaker unit accessory to any industrial use on the land is in keeping with the Official Plan, recognizes a longstanding residential unit and will resolve the current illegal use of the land. Prepared by: Andrew Bryce Planner 2 Recommended by: Approved by: AB:gr Attach. �.J. John MacDonald Chief Administrative Officer Doug Darbyson Director of Planning Development T. Ravenda Executive Director of Corporate Services S:\PDR\2005\PD2005 -93, AM- 25 -05, Marino -5056 Montrose Road.wpd Respectfully submitted: Subject Land Location: 5056 Montrose Road Applicant: Angelo Marino KAGIS_Roque\Zoos\Sched les\ZoningaMwM- 25maevj&apr SCHEDULE 1 LOCATION MAP Amending Zoning By -law No. 79 -200 AM- 25/2005 1:NTS October 2005 PART OF TOWNSHIP LOT 115 FORMER TOWNSHIP OF STAMFORD CITY OF NIAGARA FALLS REGIONAL MUNICIPALITY OF NIAGARA SITE STATISTICS TOTAL LOT AREA: 15 020 SOFT (100%) BUILDING PPEA W: 1 320 SQFT BUILDING AREA (8): 1 CO SaFT TOTAL BUILDING AREA: 1 ROO SOFT LOT COVERAGE 1503 SQFT(9.98%) PARKING AREA 9123SQFT(80.15%) LANOSCAPEAREA 4397 SQFT(2921%) PARKING REQUIRED: 1 RESIDENTIAL UNIT: 14 PARKING SPACES/UNIT =1A RETAIL ESTABLISHAENT 1 PARKINGSPACFJ25SQM =43 PARKING REQUIRED TOTAL 9 OF PARKING PROVIDED =5.1 =14 SCHEDULE 2 F f0 L7 EXISTING GRAVEL PARKING AREA EXISTING ASPHALT 11 54 3 11•-0 T SHED -p w (B) 17,° -a® b 4 10 EXISTING SODDED AREA 13 EXISTING 2 STOREY BLDG r 1^) 5056 MONTROSE RD T OUSTING ENTRANCE 14 o MONTROSE RD ye z co W 0 SITE PLAN Z� g SCALE =20' -0' W X E- a? The City of Niagara Falls Canada Members: His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario RECOMMENDATION: It is recommended that: Corporate Services Department PD 2005 Planning Development Doug Darbyson 4310 Queen Street Director P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: (905) 356 -7521 Fax: (905) 356 -2354 E -mail: planning @city.niagarafalls.on.ca November 21, 2005 Re: PD- 2005 -92, Zoning By -law Amendment Application AM- 26/2005, 4610 Ferguson Street Applicant: Christopher J. Johns Recognize Two Existing Dwelling Units 1) Council approve the Zoning By -law amendment application to recognize the two existing dwellings on the land; 2) prior to the passage of the amending by -law, the applicant pay the full Urban, City and Regional Development Charges as required for the previous conversion of the former tradesman shop; and 3) the appropriateness of current land use designations and zoning in the subject area be further evaluated through the Pilot Project Area land use study. BACKGROUND: Christopher Johns has requested an amendment to Zoning By -law 79 -200 for a 579 sq. m (6,230 sq. ft.) parcel of land known as 4610 Ferguson Street, as shown on Schedule 1. There are two dwelling units on the land. The principal dwelling unit on the property is a legal non conforming use. A former tradesman shop was converted to a second dwelling without a building permit prior to 1995. A temporary use by -law was passed in 1995 to permit the second dwelling unit for a three (3) year period. Further three (3) year temporary use by -laws were passed in 1999 and 2002. The last temporary use by -law has expired. The applicant is now seeking to have the two dwelling units permanently recognized in the Zoning By -law. Refer to Schedule 2 for the details of the existing development. The land is currently zoned Light Industrial -393 with a temporary special provision that previously recognized the second dwelling. The property is requested to be rezoned to a site specific Residential Single Family and Two Family (R2) zone to recognize the two existing dwellings on a permanent basis. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development November 21, 2005 -2- PD- 2005 -92 The surrounding area has developed with a mix of residential and heavy industrial uses in close proximity to each other. In recent years, many of the heavier industrial uses have closed down and the area has potential for redevelopment. As part of the Brownfields Community Improvement Plan, a Pilot Project Area land use study is being prepared to determine a land use strategy that will promote future growth in this area and will develop a compatible mix of uses. Surrounding Land Uses The property is part of a small residential enclave on the south side of Ferguson Street and is completely surrounded by residential uses. Further to the south there are some industrial lots that appear vacant or are used for non manufacturing purposes (i.e., storage of vehicles). Active manufacturing operations are further to the west and east, including Niagara Energy Supply on Victoria Avenue and Niagara Bronze on Broughton Avenue. On the north side of Ferguson Street, the lands are designated and zoned for residential purposes and are mainly developed with single detached dwellings. Circulation Comments Municipal Works There are no concerns or comments on this application. Fire Services No objections. Regional Municipality of Niagara Planning Analysis Although it is not normally desirable to entrench residential uses in industrial areas, there are residential uses along Ferguson Street and the residential use of the subject land is not out of character with surrounding lands. Given the mixed industrial /residential nature of the area, the City should consider whether the industrial designation of the lands between Ferguson and Buttrey Streets should continue, or whether zoning the lands with a more limited range of lighter industrial uses should be encouraged. It may be advisable to maintain the industrial zone category to avoid questions of conformity with the Official Plan. Building and By -law Services Development charges were never collected for the conversion of the former tradesman shop as previous approvals were only on a temporary basis. With permanent recognition of this second dwelling, full Urban, City and Regional Development Charges are now applicable. Although the subject land is designated Industrial, residential uses have existed on the property for many years. A measure of land use compatibility has evolved between the dwellings and nearby industries and the dwellings are not out of character with the area. Therefore, it is appropriate to consider recognizing these residential uses on a permanent basis. The following is a summary of Planning staff's analysis of the application. November 21, 2005 1. The proposal complies with the intent and the purpose of the Official Plan respecting non complying uses. The land is designated Industrial by the Official Plan. Industrial lands are not intended for residential development, rather for a variety of industrial uses including manufacturing, assembly, warehousing, storage and distribution. The general direction of the Pilot Project Area land use study is to provide the area with new uses that are not incompatible with existing industrial, residential and railway uses. Although the study has not been formalized, the plan envisions the development of new light industry, mixed use and/or commercial type developments. Further development of heavier industrial uses is not contemplated. Given the residential uses that are fairly stable in the area, the appropriateness of current land use designations and zoning should be further evaluated through the study. Although residential uses like the subject dwellings do not comply with the Industrial policies, the Official Plan allows for certain pre- existing uses to be recognized by amendment to the Zoning By -law. Recognition or expansion of such uses is not to negatively impact or impose a danger to abutting complying uses, contribute to the deterioration of the neighbourhood or to interfere with desirable complying development in adjacent areas. The proposal complies with these policies as follows: -3- PD- 2005 -92 The property is one of several residential properties within Industrially designated lands that have existed for many years. These residential dwellings do not appear to interfere with existing industrial operations and a degree of land use compatibility has evolved. Existing industrial uses such as Niagara Energy Products and Niagara Bronze are located at least 110 metres (360 feet) away from the subject land, beyond the minimum separation distance set by the Ministry of the Environment for these types of industries; These residential dwellings are compatible with the residentially designated lands on the north side of Ferguson Street; The second dwelling on the site has been allowed through temporary use by -laws for the last 10 years without an apparent aggravation to industrial uses and it is logical to permanently recognize this dwelling; Recognition of the two dwellings will not lead to urban renewal problems or deterioration of the buildings on the property. In fact, recognition of the second dwelling on the site appears to have contributed to the gentrification of the property rather than causing property deterioration; and, As future development for this area is currently contemplated to take the form of lighter industrial or mixed use development, these residences should be compatible with future desirable development. Given the fragmented ownership and residential use of abutting lands, it is quite possible that this residential enclave will remain with industrial uses attracted to the larger land parcels along Buttrey Street. November 21, 2005 -4- PD- 2005 -92 2. The requested zoning is appropriate. The surrounding residential enclave on the south side of Ferguson Street is zoned Light Industrial (LI). The Official Plan intends for a gradation of Industrial zones with lighter industry permitted in zones close to residential areas and heavier industry permitted in zones away from residential areas. Uses that would have an adverse impact on residential uses, such as heavier industrial uses and open storage, are not permitted in a LI zone, while heavier industry is permitted in the General Industrial (GI) zoning along Buttrey Street, away from residential areas. The most appropriate zone category for the current two -unit use is the requested Residential Single Family and Two Family (R2) zone. This zone also applies to lands on the north side of Ferguson Street. This R2 zone will be site specifically tailored to reflect the existing use, building configuration and landscaping on the property. 3. The existing dwellings are compatible with adjacent development. The property is entirely surrounded by residential dwellings. These two dwellings are of a scale and are on a sufficiently sized parcel that they do not appear out of place with the adjacent properties. Ample landscaping and parking are provided on site, which also keeps the use compatible with nearby residential properties. The property and the buildings are well maintained and formally recognizing these dwellings will give additional reasons to keep the property well maintained. Many of the industrial properties in this area are vacant or underutilized. With the City's Pilot Project Area land use study initiative for this area, if these properties should redevelop with light industry or mixed use type development, the result will be a more harmonious environment with the existing residential development. Although residential development may not be compatible with some of the industry in the general area, it would be compatible with uses currently being contemplated for this area in the pilot project. This residential enclave is one of a couple such enclaves that exist in the Industrially designated lands south ofFerguson Street. The pilot project should further consider the unique circumstances of this residential development, as these enclaves are stable and could remain as residential uses for a considerable period of time. It is recommended that this pilot project further consider an appropriate Official Plan designation and zone category for these residential enclaves. Development charges were never collected for the second dwelling converted from a tradesman shop. To be fair and consistent with all other new dwellings, all applicable development charges should be collected. As it appears no further building permits are required for either dwelling, these charges should be collected by Building and By -law Services prior to passage of the amending by -law. CONCLUSION: 1. The requested amendment to recognize the two existing dwellings on the property can be supported for the following reasons: It complies with Official Plan policies with respect to non complying uses. November 21, 2005 -5- PD- 2005 -92 The dwellings should be compatible with uses that are being contemplated in the future by the City's Pilot Project Area land use study. 2. The Pilot Project Area land use study for this neighbourhood should further consider appropriate land use designations and zone categories for the unique residential enclaves in this industrial area. Prepared by: „,74, Andrew Bryce Planner 2 Recommended by: The dwellings are compatible with the surrounding residential properties and should have sufficient distance from existing industrial operations to avoid any adverse impacts to the dwellings. Doug Darbyson Director of Planning Development Approved by: T. Ravenda Executive Director of Corporate Services AB:tc Attach. S:\PDR\2005\PD2005 -92, AM26 -2005, 4610 Ferguson C. Johns.wpd Respectfully submitted: John MacDonald Chief Administrative Officer Subject Land Location: 4610 Ferguson Street Applicant: Christopher J. Johns K GIS_R a X2005 u1a ingAKAM- PinB.aM SCHEDULE 1 LOCATION MAP Amending Zoning By -law No. 79 -200 AM- 26/2005 1:NTS H SCHEDULE 2 RE: MTlAL SINGLE 4 rwo Fs1NILy zZoh1E (R2:) 6229" 1.16HT xRDVSTEUAL. ao1.ta (LS.) OF ROAD FERGUSON STREET 622 N 89 18 "40'E li s4 tAr 't OCIOSED PORCH R TRAlIF9LWSWf f PART OT LOT 14 k LOT 15 MT OF w MYOFNAWG Allj RECgNAL I ICPAUII' OF MAW. STR,IAL. eon t) NORTH H SCHEDULE 2 RE: MTlAL SINGLE 4 rwo Fs1NILy zZoh1E (R2:) 6229" 1.16HT xRDVSTEUAL. ao1.ta (LS.) Niagara Falis The City of Canada Corporate Services Department PD- 2005 -95 Planning Development Doug Darbyson 4310 Queen Street Director P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: (905) 356 7521 Fax: (905) 356 2354 E -mail: planning @city.niagarafalls.on.ca His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Purpose Planning Comments: November 21, 2005 Re: PD- 2005 -95, Modifications to the Niagara Falls Official Plan RECOMMENDATION: It is recommended that this report be received for information. BACKGROUND: A public meeting was held on October 3, 2005 to consider public input on the proposed modifications to the Official Plan outlined in Planning Report PD- 2005 -74. The modifications contained in PD- 2005 -74 bring the City's Official Plan policies up -to -date with current planning legislation. The modifications also include refined policies and provide technical updates to both the text and mapping. The recommendations of PD- 2005 -74 to receive the report for information and to set a second public meeting to allow for further public input prior to approval of the amendments were approved by Council. The purpose of this report is to advise Council of input received from commenting agencies and the public to date regarding the proposed Official Plan modifications and to respond to the inquiries of Council brought forth at the October 3, 2005 public meeting. Revised policies will be brought forward for adoption at a future meeting. There was little public input at the first public meeting held on October 3, 2005, however there was some Council discussion centred around agricultural severance policies, site plan control on legal non conforming uses and the consideration of elementary school playgrounds as parkland. There has been one written submission received as well as some staff comments. Further information and consideration of the comments received to date has been provided below. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development November 21, 2005 2 PD- 2005 -95 The comments received at the November 21, 2005 public meeting and from agencies such as Regional Planning who have noted that comments will be forthcoming can be outlined and discussed in a later report accompanied by the draft amendment and a recommendation on the modifications. 1. Council Inquiries Rural Lot Creation and Hardship Cases Municipal planning documents cannot be less restrictive than the policies of the upper levels of government. The Ontario Planning Act requires that local decisions be consistent with the Provincial Policy Statements (PPS). The 2005 PPS specifically states that the creation of new residential lots in prime agricultural areas shall not be permitted unless it is in the case of a house considered surplus to a farm operation (Policy 2.3.4.3). Any decision by the City's Committee of Adjustment to grant consent to a new residential lot based on "hardship" would not be consistent with the PPS which aims to protect agricultural lands for the long term. Legal Non conforming Uses and Site Plan Control Discussion was held at the October 3, 2005 meeting regarding site plan control and legal non conforming uses. Modification 38 proposed the following (change in italics): "9.5.3 Neighbouring conforming uses will be afforded reasonable protection by, and, where applicable, enhancement through the provision of landscaping, buffering or screening, appropriate setbacks for buildings and structures, devices and measures for reducing nuisances and, where necessary, by specific conditions which minimize adverse effects caused by outside storage, lighting, advertising signs, etc." The explanatory paragraph to this change stated that extensions of legal non- conforming uses are not usually subject to site plan control. This is based on the type of extensions granted through the minor variance process which should be considered relatively "minor" in nature. Larger expansion/extensions which increase the intensity of the use or size of the structure to the point that a new site plan agreement or an amendment to an existing one is needed (e.g. additional parking) would be most appropriately considered through an amendment to the Zoning By -law or, if needed, the Official Plan to legalize the use. The option to require a site plan control agreement or amendment is available to the Committee of Adjustment. Parklands and School Playgrounds Modification 19 of PD- 2005 -74 proposed the exclusion of elementary schools as part of the calculations for the adequacy /deficiencies of municipal parkland. This modification was based on the 1994 Parks Strategic Plan. The Parks, Recreation and Culture Division has recently undertaken a new Strategic Plan which will be looking at the City's parkland policies. The study is within the early stages of the study work plan. It is recommended that the City await the results of this study prior to modification of Official Plan policies with respect to parkland inventory (i.e. Policy 2.2, Part 3 of the Official Plan). November 21, 2005 3 PD- 2005 -95 2. Public Inquiries Staff Review Consent in Rural Areas Staff has received comments from Phil Fisher Associates regarding the proposed modifications to the consent policies for agricultural areas. In the submission, Mr. Fisher states that the PPS removes the provision for infill and retirement lots to agricultural land which is "designated as either unique or good general agricultural land Mr. Fisher further states that these types of severances should be permitted in "rural" designations and that the draft policies of the Willoughby Land Use Study be implemented in the Regional Plan prior to the noted modifications. It is also stated that there is no requirement to update the City's Official Plan to the PPS at this time. As noted previously, the Provincial policies have been applicable since March 1, 2005 regardless of whether they have been included in regional and local official plans. The City does not have the flexibility to not apply the PPS based on current or proposed land use designations. (The PPS restrictions on the creation of new residential lots are based on soil classifications and not the designation assigned by the regional or local official plans). The current review of the Official Plan is an appropriate time to bring the document up to date with provincial policies. It is noted that the Region is also currently circulating an update to the agricultural policies of the Regional Policy Plan to reflect the PPS as well as the Greenbelt Plan. At this point in time, the Willoughby Land Use Study remains a study that does not have status as an approved planning document. A recent Ontario Municipal Board pre hearing regarding the creation of residential lots on Miller Road Estates (south) subdivision has brought the whole issue of the Willoughby Land Use Study to the forefront. The City, along with the Region and the Province, will be working to resolve the Willoughby issue over the coming months. Comprehensive Reviews The PPS requires that official plan amendments to consider expansions to urban area boundaries or the redesignation of employment lands (i.e. industrial /commercial) to non employment designations (e.g. residential) be subject to a "comprehensive review Comprehensive reviews involve the analysis of (among other issues) population growth, employment and cross jurisdictional issues like natural areas on a Region wide basis. It is the understanding of Planning staff that the Region has identified the preparation of a Growth Strategy as a priority for 2006. Together with work done at the municipal level, this will provide the basis needed for comprehensive review required in the PPS and in the upcoming Provincial Growth Plan. Consequently it is suggested that the proposed modifications 7 and 31(e) which refer to the above types of comprehensive reviews be excluded from the modifications until such time as the required region wide data and updated Regional policies have been completed. November 21, 2005 4 PD- 2005 -95 CONCLUSION: A limited response has been received to date regarding the proposed modifications to the City's Official Plan. In response to several comments received, it is recommended that the proposed modifications to the lands to be considered in the parkland inventory and the comprehensive reviews for urban boundary expansions and the redesignation of employment to non employment lands be deleted. The revised list of modifications have been attached as Appendix `B Subject to input received at tonight's public meeting and the expected thorough agency comments, a followup report and recommendation will be forwarded to a future Council meeting. Prepared by: Francesca Berardi Planner 2 Recommended by: Doug Darbyson Director of Planning Development Approved by: FB:gd Attach. Road /Street Name Updates In preparing the mapping for the Roads Schedule "C it was noted that several minor changes to the road chart are needed to better describe the road segments. The changes have been listed on Appendix "A" for information only. T. Ravenda Executive Director of Corporate Services S:\PDR\2005\PD2005 -95, Proposed Modifications to OP.wpd Respectfully submitted: f f' John MacDonald "1 Chief Administrative Officer November 21, 2005 -5 APPENDIX "A" ROADS SCHEDULE CHANGES PD- 2005 -95 FROM TO CHANGED TO: Harriman Street Harriman Street Harvard Avenue Harte Circle Dorchester Road Dorchester Road CHANGED TO: Harvard Avenue Harvard Avenue Harriman Street Wiltshire Boulevard Oxford Street Oxford Street CHANGED TO: Main Street Main Street Fallsview Boulevard Fallsview Boulevard North Street Summer Street CHANGED TO: Portage Road Portage Road Gallinger Street Gallinger Street North Street Summer Street November 21, 2005 -5 APPENDIX "A" ROADS SCHEDULE CHANGES PD- 2005 -95 ALL SECTIONS APPENDIX "B" PROPOSED MODIFICATIONS TO THE OFFICIAL PLAN The titles of several Provincial Ministries have been changed since the Official Plan was approved. Recent changes contained in the Ontario Heritage Act included the renaming of any Local Architectural Conservation Advisory Committees "(L.A.C.A.C.)" to a "Municipal Heritage Committee (M.H.C.) These changes, as well as the proper reference to the Regional Public Health Department is recommended. PART 1 PREAMBLE SECTION 3 INTERPRETATION In order to accommodate future name changes to Provincial Ministries without amendment to the Plan a general statement may be added as paragraph 3 to this section. PART 2 LAND USE POLICIES SECTION 2 PARKWAY RESIDENTIAL In a letter from the Niagara Parks Commission, submitted subsequent to the Official Plan Public Meeting held in 2000, the Parks Commission requested that the status of the Niagara Parkway as a control access highway be emphasized in the Official Plan. This will assist the readers of the Official Plan with regard to the jurisdiction of the Parks Commission. Modification a) b) Modification 5 2 SECTION 7 GOOD GENERAL AGRICULTURAL That Polley 7.8, Part 2 be deleted in its entirety. That the following sentence be added to the beginning of .Part 2, Section 2,3 "The Niagara Parkway is designated a controlled accessFhighway under the Niagara Parks Act." That Policies 2.4, 2.5, 2.6, 2.7, 2 8, 2.9, and 2.10, Part 2 be renumbered to 2.5, 2.6, 2.7, 2.8, 2.9, 2.10 and 2.11, Part .2 (respectively). c) That the following new section be added to Part 2, Section 2.4: "2.4 Niagara Parks Commission approval is required for such things as, but not limited to, access to roads, signs, shoreline docks, shorewells, and adjacent property uses within the limits set out by the Niagara Parks Act and the Public Transportation and Highway Improvement Act an ecor panying Regulations." Both farm retirement lots and infill lots are no longer permitted under the 2005 PPS. References to these types of lots should be deleted from this Section of the Official Plan. Modification a) That Policy 7.3.3, Part 2 be amended by deleting the entire second sentence. b) That Policy 7.4.1, Part 2 be amended by deleting the phrase "farm retirement lots and new" after the word "New" in,the-second sentence. Policy 7.8 recognizes the two existing golf courses located north of the Welland River (Niagara Falls Golf Course and Beechwood Golf Course). It is recommended that these golf courses be redesignated Open Space consistent with the Official Plan designation of the other non -urban area golf courses in the City (see modification 46). Consequently, Policy 7.8 would no longer be necessary and can be deleted from the Good General Agricultural policies. b) Thatp;olicy 7.9, Part 2 be renumbered as 7.8. The Regional Niagara Policy Plan permits home industries and home occupations as secondary uses in the agricultural area. Bed and breakfast operations are included as one of the secondary uses. It is recommended that bed breakfast uses be added as a permitted use in the City's agricultural policies by referencing the use under the home industry policies in Section 7. Since the policies of Section 8 (Rural /Agricultural) have been deferred by the Ministry of Municipal Affairs, the bed and breakfast use would be added SECTION 10 EXTRACTIVE INDUSTRIAL 3 to the home industry sections of the Official Plan of the Niagara Falls Suburban Planning Area (Willoughby Section) and the Official Plan of the Welland Planning Area Township of Crowland Section which remain in effect. Section 3.2.1 of the 2005 PPS permits development adjacent to Human -Made Hazards (mineral aggregate or mining operations or petroleum operations) only if rehabilitation measures to address and mitigate known or suspected hazards have been completed or are underway. A sentence to reflect this requirement should be added to Policy 10.6 which deals with the rehabilitation of aggregate sites. SECTION 12 ENVIRONMENTAL PROTECTION AREA Under Policy 2.1.2 of the Provincial Policy Statement states that the diversity and connectivity of natural features in an area and the long term function and bio- diversity of heritage systems should be maintained, restored or where possible improved. The Preamble and the policies of the Environmental Protection Area of the Official Plan do not refer to the connectivity of natural features. A general statement regarding the overall function of natural areas and their connections is proposed for the Preamble and for Policy 12.5 which refers to the consideration of natural areas in development proposals. Modification 8 a) 4 ence in the s That the following be added as the third se the Preamble to Section 12: ccond paragraph of "The. diversity and connectivity of these natural features contribute to the overall function of natural areas and should be maintained, restored, or where possible, improved." b) That Policy 12.5, Part 12 be amended by adding the following after the words `Environmental Protection Area': "or on any natural featates and their function and connectivity The PPS prohibits development or site alteration within significant habitats of endangered or threatened species or within significant wetlands. Development or site alteration within significant woodlands, valleylands, wildlife habitat or areas of natural and scientific interest are also prohibited unless it has been demonstrated that the development will have no negative impacts on the natural features or their functions. Policy 12.4 is proposed to be slightly modified to reflect the provisions under the PPS by noting where development will not be permitted and by referring to type of study needed for development where it may be considered as outlined in the Natural Resources policies. "as per Policy °3.3.4 Part 3". Modification 9 a) That Policy 12.4, Part 2 be amended by deleting the first sentence and replacing it with the following: "Development within significant wetlands or significant habitats of threatened or endangered species will not be permitted. Development within other natural areas designated Environmental Protection Area will not normally be permitted. That Policy 12.4,` Part 2 be amended by adding the following to the end of the last sentence: In 2003, the Niagara Peninsula Conservation Authority (NPCA) issued their Fill, Valleylands and Floodplain Policies. Within these policies the NPCA specifically identifies which waterways shall be governed by the Regional Floodline. These are proposed to be included within the text of Policy 12.12 which supports the generation of the 100 -year Floodline for watercourses in Niagara Falls and allows that, where they have not been generated, the Regional Floodline will continue to apply. The first sentence of Policy 12.12 lists watercourses where the City supports the creation of 100 -year Floodline mapping. Several of these watercourses have since had their mapping updated and can therefore be deleted from the Policy. 2 be amended by deleting the following wor Modification 10 That Policy 12.12, Pa first sentence: Thompson Creek"; "Warren Creek"; Usshers Creek and well as the portion of Lyons Creek west of the Q.E.W b) That Polity 12.12, Part 2 be amended by adding the followin sentence between the third and fourth sentences: "The Regional Floodline shall apply to Beaverdaii.is Creek, Shriner4Sereek, Teri M a Creek and Tribtitary W441." The NPCA has Fill Construction and Alteration to Waterway Regulations which requires permission from the Authority for activities with regulated fill area. The Authority has requested that local municipalities include wording to this effect within their Official Plan. The following new policy is proposed. Modification 11 Modification 12 That two new 5 olicies beadded to Part 2 as follows: ome That Policy 12:14, Part 2 be deleted in its entirety and replaced with the following: "12.14 Where filling activities are proposed within regulated areas identified by Fill Schedules appended to the NPCA's Fill Construction and Alteration to Waterways Regulation a permit is required from the Niagara Peninsula Conservation Authority. Large construc'tion projects may be required to submit a "Fill Disposal Plan' to the satisfaction of the Director of Municipal Works where development will require the disposal of excavation spoils or fill from construction sites." In response to the Public Meeting held in 2000 the Niagara Parks Commission (NPC) made several suggestions for the Environmental Protection Policies of the Official Plan. Some of these suggestions can be included in the current update to the Official Plan as reference policies. The remaining suggestions will be considered in more detail as part of the comprehensive update to the Official Plan's environmental policies. The first proposed policy will inform the reader of the Official Plan of the types of uses along the Niagara River that require approval from the NPC. The second policy refers to the City's support of the Commission's 'Moraine Management Plan' for the treed moraine between Clifton Hill and Burning Springs Hill. Works along or adjacent to the Niagara River for such things as shoreline docks, shorewelis, require approval from: e.Niagara -6 Park$ Cor his Mies and are mon d contwnction PART 3 ENVIRONMENTAL MANAGEMENT SECTION 1 MUNICIPAL INFRASTRUCTURE PREAMBLE The Provincial Policy Statement emphasizes the efficient use of infrastructure including the provision of alternative forms of transportation such as good pedestrian access, cycling facilities, and transit. The City's Official Plan does contain provisions for these uses, however, further emphasis regarding the connectivity of the transportation system through rewording of paragraph 3 to Preamble of the Municipal Infrastructure section would be appropriate. The paragraph currently reads as follows: "Equally important is the safe and efficient functioning of the City's transportation network. This transportation network requires meeting the demands for roads and parking facilities, supplying sufficient public transit and providing suitable pedestrian circulation. Other utilities and services are to be coordinated in an appropriate manner to meet the needs of existing and future land uses in the City 1.1 WATER AND SANITARY SEWER The City's Municipal Works Department has suggested that the Official Plan recognize the environmental concerns regarding contamination from combined sewer overflows and storm water discharges and the City's stated intention to deal with these concerns. Modification 14 a) That Policies 1.1.2 to 1.1.9 (inclusive), Part 3 be renumbered 1.1.3 to 1.1..11 (inclusive). b) That the following new policy be added to Part 3, Section 1: b) "1.1.2 Recognizing a concern for the environment and contamination of'its receiving waters due to combined sewer overflows and storm water discharges, the City Shall implement a strategy for the systematic reduction or mitigation of these sources within its boundaries. The. City has developed <a comprehensive strategy to: control and /or eliminate combined sewer overflows, provide consideration for storm water pollution control and the determine the requirements for future servicing and infrastructure rehabilitation in the City." 1.2 STORM DRAINAGE 7 An additional policy is proposed to encourage the design of naturalized ponds and wetlands to deal with water quality and quantity issues through storm water management plans. Modification 15 a) That Polidies 1.2.5 to 1.2.6 be renumbered 1.2.6 to 1.2.7. respectively. That thetollpwing new policy be added as Policy 1.2.5, Part 3: Storm water management plans incorporate the use an crea #ion of naturalized rand ff andi'or ponds ove la systems, n wetlands are encouraged to property on- stream regulate and control water q uantit y Naturaliz an d F qual ed i o fl ows going into natural watercourses. In addition to controlling water quality and quantity, such systems shall be as natural as possible to al create habitat areas and where applicable will be used to provide linkages to other feat ures, From technical perspective thecon ofsuch sy stems sh bea accordance with Council approved p 1.3 SOLID WASTE DISPOSAL 8 In October of 2000, The Region of Niagara assumed full jurisdiction of the Mountain Road Landfill site. Consequently, the City's Works Department has made the comment that the references to solid waste management in Policies 1.3.1, 1.3.2 and 1.3.3 and 1.3.6 could be updated to reflect this change. Presently, these policies read as follows: 1.3.1 The City is concerned with the environment and the focus of the City's solid waste management effort will be on the three R's, namely reducing, reusing and recycling waste material. 1.3.2 The City will pursue the establishment of a financially self- sustaining solid waste management system, with the assistance of the Ministry of the Environment and Energy, private companies and individual residents of the City. 1.3.3 It is the City's aim for the future of solid waste management to reduce material by weight going to the City's Landfill Site. This will be achieved through the implementation of active reducing, reusing and recycling programs such as the creation of a central composting facility and public educational programs. 1.3.6 Council shall continue to monitor the conditions of the Mountain Road landfill site and in so doing, take every measure to protect the surrounding area and prevent adverse environmental effects that may be associated with the landfill site. In regard to the future land uses in the vicinity of the Mountain Road landfill, consideration will be given to the Ministry of the Environment and Energy guidelines. It is recommended that policies 1.3.2, 1.3.3 and 1.3.6 be deleted and that Policy 1.3.1 be reworded to provide support for recycling outside of the City's waste management effort. 1.4 ROAD NETWORK 9 In 2000, a draft of updated Road Network policies of the Official Plan was prepared by Planning Staff and reviewed by Municipal Works Staff. The comments of the Works Department as well as an updated chart of municipal road widths and jurisdictions and the Region's draft Road Allowance policies were reviewed to update the current policies of the Official Plan. A number of changes are proposed, however, they consist of technical changes to this section and not in the creation of a new policy approach. The road chart has been updated to list all regional and city arterial and collector roads according to the information acquired from the City and Regional Works Departments. Tourist commercial roads have been added as a classification. These roads have been identified by the Streetscape Master Plan as roads that are important not only for their vehicular movement but also for pedestrian traffic movement. The design of these portions of the road system should facilitate the higher volumes of pedestrian traffic within the tourist areas. All but one of the roads identified as Tourist Commercial are already required to have road allowances of 26m. This is the width recommended for these road allowances. Currently the Official Plan identifies Major Collector and Collector Roads as separate classifications. Both of these classifications serve the same purpose to carry traffic between local and arterial roads; and have road allowances varying from 20m to 26m. To simplify the policies, these classifications can be merged into one class, being Collector Roads, without compromising the intent and function of the current policies. Policy 1.4.16 contains a chart identifying the road widths of municipal roads, separated by classification. The chart has been updated to include all roads classified arterial or collector, regardless of jurisdiction, so that a single chart can be consulted for road allowance widths instead of several different charts. This reorganization offers a clear and simpler reference for the reader of the Official Plan. "1.4.2.2 1.4.2.4 10 b) That the following be added as a new paragraph afer and as part 'of Policy 1,4.2.1, Part 3 "Provincial Highways in Niagara Falls include: The Queen Elizabeth Way (QEW) which travels from the north to south City limits and Highway 420 (Roberts Rd) from River Road to the QEW." That Policies 1.4.2.2, 1.4.2.3, 1.4.2.4, 1.4.2.5 and 1.4.2.6 of Part 3 be deleted and replaced with the following: Niagara Parkway is considered to be a scenic road that is classified as a controlled access highway. This road network functions primarily as an arterial roadway for the benefit of tourist traffic along the Niagara River. Design, road allowance widths, use, alignment and access are regulated by the Niagara Parks Commission. 1.4.2.3 International Crossings these two international boundary crossings at the Rainbow Ridge and Whirlpool Bridge represent critical links in the transportation networks of Ontario and New York State. Development activity in the vicinity of these crossings should consider the impacts on the transportation systems, particularly as it pertains to traffic queues at the inspection plazas. Arterial Roads include all roadways under the Region's and City's jurisdiction that are designed to accommodate large volumes of traffic between major land use areas in the City. Regional Arterial Roads are designed to accommodate the movement of large volumes of traffic and function as secondary highways and primary arterial roads. Design road allowance width, use, alignment and access are regulated by the Regional Municipality of Niagara. Road widths vary from 20m to 35m. City Arterial Roads accommodate two to four lanes of tr ffic and have a general road allowance width of 26m. Direct access to adjoining properties and on- street parking will be restricted as much as possible to enhance the free flow of traffic. The right of way may accommodate transit ;,routes with bus lay bays and shelters. The use of shared driveways to larger developt'eent projects will be encouraged in the urban areas. Regional and certain City roadways that function as arterial roads, printarilyi n the tourist core area, are subject to the policies described. in the "tourist commercial roads" classification. g) 1.4.2.5 1 .4.2.6 That a new Policy 1.4.5, Part 3, be Collector Roads include all roadways under the City's jurisdtctvon that are designed to accommodate moderate to high volumes of medium distance traffic between the Arterial Road and Local Roads. roadways in this classification are generally two lanes, undivided with a road allowance of 20m-23 m which will allow the addition of turning Janes, bicycle paths, bus lay -bays and shelters, landscaping, sidewalks and utility corridors. Traffic and parking controls should be considered. Access to abutting properties should be regulated to ensure that the normal flow of traffic and pedestrian safety is not adversely impacted. Local Roads are intended to provide access to abutting properties and carry traffic predominantly of a focal nature. Typically roadways in this section carry low volumes of traffic short distances. Local roads generally are designed to accommodate on- street parking, sidewalks and limited landscaping in the boulevards. All local 'road allowances are to be 20m in width however there may be cases when they may less than 20m under special circumstances approved by Council." ThatPOtioy.1.4.4, Part 3 be deleted in its entirety. e) That a: new Policy 1.4.4, Part 3 `be added as follows: "1.4.4 Road right -of- ways can provide for a variety of functions. Regional and City arterial roads and collector roads within the Tourism Districts as shown on Schedule F of this Plan perform two equally important functions: an efficient,` functional vehicular network, and an attractive, pedestrian- friendly public space. Therefore, it is important that these roadways be of sufficient width to accommodate adequate traffic and turning lanes as well as desired streetscape improvements as detailed in the Tourist Area Streetscape Master Plan. In its implementing by-law, the City shall establish a buiidng -setback width of 26m for those roads identified in the Streetscape Master Plan." That Policies 14.5 to 1.4.12 (inclusive), Part 3 be renumbered to 1.4.6 to 1.4.13 (respectively) and that Policies' 1.413, 1.4.14, 1.4.15, and 1.4.16 Part 3 be renumbered.. to 1.4.15, 1.4.16, 1:4.17 and :1.4:18, Pant 3. added as follows: "1:4:5 The City will determine and implement the long term road network needs havin 'rerdto the Transportation Maiter Plan. j) k) It is intended that the utilization of existing transportation infrastructure will be maximized before new transportation infrastructure is constructed and that opportunities will be avable for all residents ''to Use a variety of transportation modes. Appropriate transportation linkages will be developed in order to provide efficient movement of people and goods both within and outside the City." That Policy t4.8, Part 3 be hereby amended with the deletion of the words "development approval "and the addition of the following after the words "as a condition of "site plan control, consent to sever or plan of subdivision when such road construction or widening is contemplated within a five-year time space. Road widenings may be required to expand the width of the travelled portion of the roadway, servicing locations, including ditches in rural areas." That Policy 1.4,9, Part 3 is hereby amended by deleting the road classifications and daylighting requirements chart and replacing it with the following: "Road Classification of Daylighting Requirements Intersecting Streets Within the Urban Area Boundary: Local to Local or Collector Local to Arterial; and Collector to Collector Collector to Arterial Outside of the Urban Area Boundary: "1.4.14 12 That a new Policy 1.4.14, Part 3 be added as follows: 5m x 5m triangle 7 m x 7 m triangle 12 m x 12 m triangle 15 m x 15 m triangle" That Policy 1.4.11, Part 3 be amended by deleting the words "Major Collector and" in the first sentence. That Policy 1.4.13, Part 3 be amended with the addition of the following sentence at the end of the policy: "A transportation study to assess the current and future impact of the development may be required." The long term impacts on population growth, tourist visitation, land use, public finances and the environment will be taken into consideration in any decisions regarding major transportation That Policy 1.4.17, Part 3 be amended by •deleting they word "approval" and replacing it with words "control or lot creation" and that the words "wherever feasible" "be added after. the word 'centreline'; in nth first sentence. That Policy= 1,4.17, Part 3 be further amended by deleting the words "topographical features or other situations" and replacing them with the words "topography, existing or proposed development, utilities or other constraints" and by deleting the words "site plan control" and replacing them with the words "the planning application" in the second sentence. following: Road Allanthus Avenue Alex Avenue _Allendale Ave _Alpine Drive _Badger Road Baker Road _Barker Street Beaverdams 'Road Beaverdams Road Beck" Road ieeohwood Road Bender Street _Biggar Road Bassett Road _Bassert Road Bossert Road Bridge Street _Bridge Street Brookdate Drive Brown Rd Buchanan Avenue Buttrey Street Calendorna Street _Canadian Drive Cardinal Drive cari Road Caronpost' Casey Stre °et Catalina Street Cattail Drive Charnwood Avenue Chippawa' R� _Chippewa Parkway ChippawaParkway _Church's Lane Clark Avenue Clifton Hill ;Y _Corwin Crescent From _McLeod Road McLeod Road Perry St Montrose Road Chamwood Avenue L app Rbad Dorchester Road Thorbld.Townline: Rd K Road L,yons'Creek° Road Taylor Road Victoria Avenue _West City Limit Beck Road ^_King Road prt Road Stanley Avenue _Victoria Avenue Thorold Stone Road _west city Limit _Ferry Street Victoria: Avenue __Dorchester :Road _Montrose Road Montrose Road McCredie. Road Willoughby Drive Dorchester Road Kolar Road Willoughby Drive; Montrose Road West City Limit, Dorchester Rd S tanley Avenue St. Paul Avenue Ferry Street Victoria Avenue Drummond Road 13 That Policy 1.416 of Part 3 be deleted in its entirety and replaced with the "1.4.16 The proposed widths of roads are as follows: 23 2 Road Ciassification° Widths H): :Arterial Regional* City Dunn Street Crimson Drive Dixon St Brookdale Drive Montrose' Road'' E ast City Limit Main Street Kaiar Road L undy's Lane G Road Brown Road Falls Avenue _Montrose Road _King Road Ort Road Niagara Parkway Victoria Avenue River Road Alpine Drive Montrose Rd HHighiniay420 River Road Dunn Street Pin OakDrive _Thorold Stone Rd _West City Limit _East City Limit w Harriman Street, Patton Road East City Limit Montrose Road _Montrose Road Stanley Ave _Portage Road Robinson Whirlpool Road Street River Road _Stokes Street Collector: 23 10 20.= 23 ..20 26 20, 23 23 20 20 20 20 :23 :2s 23 20 f rimson Drive Crowiand Avenue Cummington Square Deli Road Delta Drive Detenbeck Road Dixon Street Dixon Street Don Murie Street Dorchester Road Dorchester Road Dorchester Road Drummond Road Dunn Street Dunn Street Dunn Street Earl Thomas Avenue Ellen Avenue Falls Avenue Fallsview Boulevard Fallsview Boulevard Ferguson Street Ferry Street Ferry Street Forsythe Street Frederica Street Gallinger Street Garner Road Glengate Street Gonder Road Grassy Brook Road Harriman Street Harvard Avenue Hiram Street Huron Street Jubilee Drive Kalar Road Kalar Road Kalar Road Kalar Road King Road Kister Road Kitchener Street Koabel Road Lapp Road Lemon Road Lewis Avenue Lincoln Street Livingstone Street Logan Road Lundy's Ln (Hwy 20) LUndy's Ln (Hwy20) Lyon's Creek Road Main St (Chippewa) Main St (chippawa) Main Street Marineland Parkway Marineland Parkway Marshall Road Matthews Drive Mayfair Drive McCourt Road McCredle Road Drummond Road Grassy Brook Road Front Street Lyons 'Creek Road Montrose Road Ort Road Drummond Road Allendale Avenue Stanley Avenue Chippewa Parkway vlaneta K Mountain Road Thorold Stone Rd Dorchester Road Drummond Road Stanley Avenue Progress Street _Ferry Street _Rainbow Bridge Ferry Street Portage Road Victoria Avenue Stanley Ave Main Street Stanley Avenue Dorchester Road Drummond Road Mountain Road Drummond Road Montrose Road Montrose Road Haste Circle Wiltshire Boulevard River Road !Victoria Avenue _McLeod Road Mountain Road Montrose Road Thorold Stone Rd. McLeod Road Bossert Road Ramsey Road Victoria Avenue Montrose Road Baker Road Montrose Road Forsythe Street Crowland Avenue Stanley Avenue Beck Road -West, City Limit Garner Road Montrose Road _W illoughby Drive Sodom Road Fallsview Boulevard Stanley Avenue McLeod Road Willodell Road M ount Carmel Blvd Sinnicks Avenue Willodell Road C arl Road 14 _A lex. Avenue Netherby Road _Main Street iReXinger Road Montrose Road _Niagara Parkway Allendale Avenue _Fallsview Blvd Vf.est Limit Oldfield Road McLeod Road McLeod Road McLeod Road Drummond Road Stanley Ave Fallsview Blvd Don Murie Street Walnut Street Clifton Hill Portage Road Livingstone Street River Road Victoria Ave Stanley Avenue Lewis Avenue Drummond Road Portage Road Chippawa Creek Rd Pettit Avenue Beck Road West Limit Dorchester Avenue Oxford Street Ontario Avenue Ontario Avenue Dorchester Road Montrose Road Thorold Stone Rd McLeod Road Chippawa Creek Rd Baker Road Chlppawa Parkway Portage Road Willodell Road South City Limit Willodell Road Kitchener Street West Limit Fallsview Blvd Ort Road Garner Road Main Street Sodom Road Niagara Parkway T Willoughby Drive Summer Street Portage Road 'Stanley Avenue Niagara Parkway Montrose Road Swayze Drive Beck Road Willodell Road 23.2 26.2 26 26 26 30 26 26 26 26 20 23 20 26 26 20 20 26 26 20 20 20 20 23 23 20 20 23 20 20 26 20 23 20 23 26 23 23 23 23 23 20 23 23 _M cGarry Drive _McKenney Road _McKenney Road McLeod Road McLeod Road McLeod Road McRae Street Mewburn Road _Mewburn:.Road Miiller Road Misener Road _Misener Road Montrose Road: _Montrose Road Montrose Road _Morningstar Road _Morris Road Morris Road _Morrison Street Morrison Street Morrison Street _Mount Carmel Blvd Mountain Road urray Street _Murray Street -Niagara Road Niagara Townline -Rd North Street North Street _O'Neil Street _Oakwood Drive Old McLeod Road Olden Avenue _OIdtield Rd Ontario Avenue Ontario Avenue Oxford Road Oxford Street Paddock Trail Drive Palmer Avenue Park Street Pettit Avenue Pin Oak Drive P itton Road Portage Road Portage Road _Portage Road _Portage Road Portage Road Portage Road _Portage ;Road Preakness'Street Preston Avenue Progress Street _Q ueen Street _Ramsey Road Rexinger Road _Rexinger Road _Riau Street _Ridge Road Roberts Road Robinson Street Sarah Street _Kalar Road Grassy. Brook Road Schisler Road Oakwood'Drive T horold Townline Rd Thoro.Id Townline Rd S tanley Avenue Mountain Road _Mountain; Road Sodom Road -carI: Road Y okom Road Road McLeod Road Welland River King Road Lincoln Street Grassy Brook Road Montrose Read _D orchester Road Stanley Avenue _Kalar Road Tayior'Rd (Beechwood Rd) _D rummond Road Allendale Avenue West City Limit _St. Paul Ave Drummond Road _Stanley Avenue Dorchester Road _McLeod Road _Ailanthus Avenue Mountain Road Dorchester Rd Par':k'Street _Hiram Street Bossert Road Harvard Avenue Kalar Road _Ontario Avenue _Victoria Avenue _Dorchester Roa McLeod Road _Catalina Street _Stanley Avenue Mountain Road _T horold?Stone Rd _Thorold Stone Rd Summer Street Fallsview'Blvd _Marineland Parkway Paddock Trail. Drive Paddock Trail Drive Stanley Avenue Victoria Avenue Stanley Avenue West Limit Stanley Avenue (West Dorchester Road Montrose Road Stanley Avenue Allendale ::Avenue Main Street 15 West Limit Young Road Netherby Road i Marineland Pkwy _Montrose Road _Montrose. Road _Victoria Avenue _Scholtfeld Street North .City .Limit _Niagara Parkway —S chisier Road Netherby Road McLeod Road Welland River _South'TCity Limit Sodom Road Netherby Road Schisler Road Dorchester Road Stanley Avenue Victoria. Avenue Montrose. Road Portage Rd _Allendale Avenue River Road _Montrose Rd Stanley Ave __Stanley Avenue Buchanan Avenue _Portage Road Montrose Road 'East Limit Casey Street —Palmer Drummond Rd Avenue Bender Street Baker Road Dorchester Road _Brookdale Drive Bender Street River Road Glengate Street South Limit _Westwood ,Street Mountain Road O 'Neil Street O 'Neil 'Street Gallinger Street Gallinger Street Marineiand Pkwy Stret MFront ontrose e Road Brookdale Drive West Limit River Road Kister Road Lyons Creek Road O rt Road St. Paul Avenue West Limit Fa1.is Road Queen Victoria Pk l=ast Limit 30.5 26.2 30.5 30 26 23 23 23 20 26 23' 23 20 20 23` 20 20' 20 20 20 26 20 23 20 26 :23 2$. :.23 23 20 23 Sauer Road` _Sch Schihl Road ;3oh'isler Road Schiffer Road Schisler Road Schneider Road Shark Road S henk Road Sinnicks Avenue Sodom Road Somerville Road St. Paul Avenue St. Paul Avenue Stanley Avenue Stanley Avenue Stanley Avenue _Swayze Drive _Taylor Road _Thorold Stone Road Thorold Stone Road Thorold Townline Rd Valley Way Victoria Avenue Victoria Avenue V ictoria Avenue W atson Street Weaver Road W einbrenner Road 'Westwood Avenue W hirlpool Road Mick Road F Willodell Road Willoughby Drive Willoughby Drive W oodbine Street Woodgate Street Yokomn Road _Young Road "1.4.19 Willodell Road Schneider Road Netherby Road West City Limit Misener Road Montrose Road Montrose Road King Road Sodom Road Tharoid Stone Road South City Limit Sodom Road O'Neil Street Mountain Road Nlag. Townline Rd Highway 420 Lyon's Creek Road Portage Road Thorold Townline Rd West City Limit Garner Road Brown Road Drummond Road Ferry Street Highway 420 Bridge Street Montrose Road Ort Road Sodom Road Charnwood Avenue Stanley Avenue Ort Road Lyons Creek Road Cummington Square Weaver Road Kalar Road Dorchester Road Montrose Road Montrose Road SECTION 2 PARKLAND STRATEGY 16 Sodom Road South Limit South City Limit Misener" Road Montrose Road Beck Road Schaubel Road Ort Road T Niagara Parkway Mayfair Drive Lyon's Creek Rd Niagara Parkway Mountain Road North City Limit Highway 420 Lyon's Creek Road Marshall Road Stanley Avenue North City Limit Garner Road Stanley Avenue North City Limit Queen Street Highway 420 Bridge Street Niagara Parkway Beaverdams Road Niagara Parkway Willoughby Drive Kalar Road Niagara Parkway Willoughby Drive Schneider Road Weaver Road Somerville Road Montrose Road Olden Avenue West Limit West Limit 26 30.5 26.2 26.2 26.2 26.2 30.5 26.2 35 26.2 26.2 That the following new policy be added to Part 3, Section 1.4: 26 26 26 26 26 26 23 23 23 23 20 23 23 23 23 20 23 23 23 26 23 23 20 23 23 23 20 Where there is a conflict between the right -of -way widths listed herein and the Regional Niagara Policy Plan the Regional Policy Plan shall apply. The transfer of road jurisdictions to and from the Niagara Region shall proceed through amendment to this plan however where there has been a transfer of road authority, the road allowance listed in the Plan of the previous road authority shall continue to apply until an amendment has received approval." The Official Plan policies regarding the conveyance of land for parkland purposes is proposed to be clarified to recognize possible linkages between required parkland areas and natural areas. The revisions also support the intent of the Provincial Policy Statement to protect natural areas and support connectivity and linkages between them. 17 SECTION 3 CONSERVATION STRATEGY PREAMBLE The Preamble to the Official Plan's Conservation Strategy policies refers to efficient city design and the protection of the City's heritage and natural resources. In support of the recent changes to the PPS which emphasizes the importance of the natural environment as well as protecting our cultural heritage and the Ontario Heritage Act which provides more power to the City to protect our cultural heritage some rewording of the Preamble is recommended. "Cultural heritage value or interest" is a term used in the Ontario Heritage Act to provide a broader description of heritage issues to be protected which include built heritage structures, cultural landscapes and areas of archaeological importance. This term is broader than the previous reference to properties /buildings of historic or architectural significance and should therefore be included in the Preamble to reflect the direction of the Heritage Act. The third paragraph of the Preamble refers to the conservation and wise use of natural resources. The PPS recognizes that the function of natural systems is dependant on the protection of the diversity of features and linkages between natural areas. The Official Plan must follow suit. 3.2 HERITAGE RESOURCES 18 "..buildings, structures and landscapes that are of cultural heritage value or interest." That the fifth sentence of paragraph 2 of the Preamble to Part 3, Section 3 form the beginning of paragraph 3 and that this sentence be amended by deleting the word "marshes" and replacing it with the word "wetlands"; and by adding the words "wildlife habitats, areas of importance to surface and groundwater quality, areas of natural or scientific interest," after the words "forested land c) That the second sentence of paragraph 3 of the Preamble to Part 3, Section 3 be amended by the addition of the following phrase after the words "future needs "and to protect the diversity and interdependence of these natural areas to maintain and improve their natural functions". As noted above recent changes to the Ontario Heritage Act have broadened the scope of what may be considered a heritage resource. In addition to designating structures or districts that have architectural or historical significance, the City can now designate buildings, properties or landscapes that have significant built features, cultural landscapes or archaeological value. The Heritage Act also requires municipalities to prepare and pass, by by -law, a Heritage District Study and a Heritage District Master Plan prior to designating a Heritage District. The following updates are suggested to update the Official Plan to this recently passed legislation. Modification 20 at Policy 3.2.1 Part 3 be'amended by deleting the phrase "preservation maintenance and designation of historic and architecturally signif cant buildings, structures,, sites or districts" 'and replacing.it with the following "identification, .profection`'and /or management of properties :.off cultural heritage value or interest That Policy 3.2.2, Part 3 be amended by deleting the phrase "variou's historically or architecturally significant buildings, structures, sites' or districts" and replacing it with "properties of cultural heritage Value'' or interest That Policy 3.2.3, Part 3 be amended by deleting the phrase "potential heritage �buildings,.structures, sites 'and districts" and replacing it with "built heritage 'resources and cul i an dscap es" and by deleting the words "buildings and Structures" s and rep ng them ,with the word "properties l in the secan s eance. d) That Policy 3.2.3.1, Part 3 be amended by adding the words "or cultural" after the word "historical That Policy 3.2.4, Part 3 be amended by deleting the word "evaluating" and replacing it with "identifying That Policies 3.2.4.1, 3.2.4.2, and 3.2.4.3, Part 3 be amended by replacing the word "building" with "building /properties That Policies 3.2.5 to 3.2.11 (inclusive) to Part 3 be renumbered as 3.2.6 to 3.2.12. h) That a new Policy be added and numbered 3.2.5 to Part 3 as follows: "3.2.5 The Council shall undertake a study of any area of the Municipality being considered as a Heritage Conservation District. This Study shall be based on the criteria contained in Policy 3.2.5 and any applicable Provincial Guidelines and will: That Policy 3.2.7, Part 3 be amended by deleting the words "historical or architectural significance" and replace them with the words "cultural heritage value or interest That Policy 3.2.7.1, Part 3 be amended by deleting the word "buildings" and replacing it with the word "properties b) e) 19 a) outline the geographic boundaries of the area to be designated; identify the context, appearance, features and characteristics to be preserved; provide recommendations on the objectives of the designation and what is to be contained in a Heritage Conservation District Plan; d) make recommendations regarding required changes to the City's Official Plan or Zoning By -law; and be adopted by a By -law that will also adopt a heritage conservation district plan in accordance with the provisions of the Ontario Heritage Act." That Policy 3.2.7.2, Part 3 be amended by deleting the word "minimize" and replacing it with the word "mitigate That Policy 3.2.8, Part 3 be amended by adding the phrase "as a cultural heritage land "after the words "formal designation That Policy 3.2.10, Part 3 be deleted in its entirety and replaced with the following "3.2.10 3.3 NATURAL RESOURCES 20 The City recognizes that there are many archaeological sites containing artifacts or other physical evidence of past human use or activities throughout the municipality. Every effort will be taken to ensure archaeological resources are protected in situ. No work shall be carried out on any property which has identified archaeological resources or has archaeological potential without first conducting archaeological, fieldwork and submitting a report, both undertaken by a .lic+e archaeologist. Any fieldwork and investigation shall adhere to Provincial guidelines and requirements. The archaeological report shall be prepared to the satisfaction of the Ministry of Culture or its designate to address, among other things: site findings, analysis oflindings, a statement of heritage value, ;any further assessment needed, methods of protecting archaeological sites /artefacts (buffer areas, landscaping, avoidance strategy) and a construction monitoring schedule." The Natural Heritage and Water policies of the 2005 PPS reflect the Province's vision to maintain an clean and healthy environment. Prior to development within significant natural areas containing wetlands, woodlands, and wildlife environmental studies are needed to demonstrate that there will be no negative impact on natural features or their ecological functions. The PPS also requires consideration of the diversity and connectivity of natural features and linkages to be maintained, restored, or where possible, improved. The Official Plan policies are recommended to be modified to include those areas where development is either prohibited or requires supportive studies through the PPS and to recognize the importance of connectivity between natural features. In 2003, the Niagara Peninsula Conservation Authority produced its policies on Valleylands, Stream Corridors and Floodplains. The NPCA policies encourage local municipalities to designate valleyland and stream corridors and to include details on the development constraints /requirements of the NPCA in their Official Plan policies. Several new policies are proposed for the City's Official Plan which will inform the reader of the NPCA policies and where development must refer to the provisions of the Valleylands, Stream Corridors and Floodplains policies. The City adopted a new Fill, Topsoil Removal or Site Alteration By -law in 2004. Policy 3.311 is recommended to be modified to refer to this new by -law instead of its predecessor. That Policy 3.3.1; Part 3 be amended by a l din n e,word "re habilitate' after the words "protect, Maintain," and by add the words "Water resouirces" after the for "Vl/ilsfe Resources". 21 That Policy 3.3.2, Part 3 be amended by adding the words "and the Niagara Peninsula Conservation Authority" after the words "Ministry of Natural Resources c) That Policy 3.3.4, Part 3 be amended by adding the following as the first sentence of the policy: "Development within areas containing significant habitat of endangered orthreatened species and significant wetlands shall be prohibited. and that the word "other" be added after the words "Development within areas containing" in the next sentence. That Policy 3.3.4.5, Part 3 be amended be deleting the words "adversely impact" and replacing them with the words "have a negative impact" and by adding the words "or their ecological function" after the phrase "natural resources of the area" in the first sentence. That Policies 3.3.5 to 3.3.13 of Part 3 (inclusive), be renumbered to 3.3.6 to 3.3.14 (respectively). That a new policy be added to Part 3 as follows: "3.3.5 The City supports the natural heritage system approach which recognizes the importance of individual areas and features as well as the ties between them to the overall health of the natural environment. Linkages and natural corridors that connect the individual features can include valleylands, creeks, hedgerows, and service corridors. New development should not interfere with the function of these linkages and corridors and all efforts should be made through design for the enhancement or rehabilitation of natural resource connections." That Policy 3.3.10, Part 3 be amended by deleting the words "will have regard to" in the last sentence and replacing them with "or site alteration affecting fisheries resource will be not permitted except in accordance with That Policy 3.3.12, Part 3 be amended by replacing the words "Topsoil Removal By -law" with "Fill, Topsoil Removal or Site Alteration By- law i) That Policy 3.3.14, Part 3 be amended by inserting the word "adjacent after the words "Any works" and by adding the words "Niagara Peninsula Conservation Authority or the" prior to the words "Ministry of Natural Resources j) That the following new policies be added to Part 3: "3.3.15 SECTION 4 HOUSING STRATEGY 22 A permit from the Niagara Peninsula Conservation Authority is required for the =ptacemeht or removal of fill in areas regulated as Fill Areas by the NPCA. 3.3.16 The City shall consult with the Ministry of Natural Resources, the Niagara Peninsula Conservation Authority and the Niagara Parks Commission for any development proposal along the Niagara River that may have an adverse impact on the watercourse. he City shall promote the function of valleylands or stream corridors as natural resource linkages and encourages protection, naturalization and, wherever possible, the rehabilitation of valleylands or stream corridors in accordance with the Vatleylands, Stream Corridors and Floodplains policies of the Niagara Peninsula Conservation Authority. 3.3.18 Development along all valleylands and stream corridors, regardless of their designation in this plan, will be subject to a Minimum setback of 7.5m from the top of slope or up to 3 0m for Type 1 fish habitat, whichever is greater, for all buildings or structures in accordance with the Valleylands, Stream Corridors and Floodplains policies of the Niagara Peninsula Conservation Authority. Where, as a result of a planning application, new Floodline, valleyland, or stream corridor mapping has been generated -to the approval of the Niagara Peninsula Conservation Authority, amendments to this Plan may not be required. However, where the planning application involves a site specific zoning By -law amendment, the City's Ztning By -law will be .:!amended accordingly. Any development within natural valleys where the bank height is greater than or equal to 3 metres (10') or on lands adjacent to these slopes must obtain approval from the NPCA. The City's Zoning By -law may recognize all valleylands and stream corridors through an appropriate zoning which incorporates minimum structural setbacks in accordance with the Valleyland, Stream Corridors and Floodplains policies of the NPCA." The Housing policies of the PPS have been modified to require a 10 -year supply of residential growth through intensification and redevelopment, and if necessary through lands designated for residential development. Previously the 10 -year supply could all be supplied by undeveloped, residentially designated lands. This revised policies emphasizes the Province's intent to use urban lands and infrastructure efficiently. The wording of Policy 4.1 must be amended to reflect the PPS. Modification 22 23 That the first sentence of Policy 4.1, Part 3 be amended by: deleting the phrase "influence the provision of affordable housing" and replacing It with "provide for a mix of housing types and densities to meet projected housing targets"; .adding the phrase "through both residential intensification and new development" after the words "at all times"; adding the. Word "serviced" between the words "of" and "lots adding the word "available" between the words "blocks" and "in and deleting the phrase "in order to account for variations in housing demand" and replacing it with "and in lands zoned to facilitate residential intensification That the second sentence of Policy 4.1, Part 3 be amended by adding the =words "and projected housing targets" after the words "10 year land supply" and by deleting The words "developmenticonseration According to the PPS, efficient use of land is based on a design that supports the use of alternative modes of transportation, public transit being one of the most important forms. A new policy can be added to Policy 4.4 that identifies transit oriented development design as a method of providing a range of housing choices. 'cation 23 That the following be added as a new policy. to Part 3, Section 4: "4,4.7 Efficient land use design that supports the use of alternative modes of transport and pubic transit." Higher densities are encouraged in the PPS and intensification targets may become part of the Province's Growth Plan strategy. Minor wording changes to Policy 4.5 will encourage residential conversions and refer to the applicable Provincial guidelines and regulations. Modification 24 a) That Policy 4.5, Part 3 be amended by deleting the phrase "Proposals for t he" at the beginning of the first sentence and replacing it with the word "The" and by adding the phrase "be encouraged where appropriate and" after the word "shall That the following be added as a new policy to Part 3, Section 4: "4.5.6 Intensification targets and phasing policies set through provincial plan amended from time to time Modification i5 SECTION 5 AMENITY AND DESIGN STRATEGY Modification 26 24 That Section 5.2, Part 3 be deleted in its entire features: The PPS requires Planning Authorities to establish and implement minimum targets for the provision of affordable housing (low and moderate income households based on the regional market area). This requirement can be incorporated into the Official Plan by amending Policy 4.13. That Policy. 4.13, Part 3 be amended bX adding the.phra =5 lishnand implement minimum targets for the prtivl -of affordab skiftetlon with the Region" after the words"wkn appr rie The Streetscape Master Plan was completed in 2001. This Plan provided streetscaping details primarily for the tourist area, however, it provides some good background for updating the Amenity and Design Policies of the Official Plan. Policies are proposed for this section that will encourage the use of streetscape plan, urban design guidelines or community plans in cooperation with area land owners and Business Improvement Areas; and to encourage compliance with both completed plans and plans that are underway. Another proposed new policy encourages the consolidation of driveway entrances to improve traffic flow. The creation. of attractive streetscapesthat contribute to -,a D esirable community character shall be encouraged Th pedestrian realm shall be safe and'convenient, Stre etscapin g should serve to improve the pedestrian experience,of an area through the use of Amenities such as widened :sidewalks, decorative Street lighting, rest areas, and soft landscaping The City shall encourage the enhancement ofstreetscapes whenever exterior building renovation, facade improvement and upgrading of the municipal right -of -way occurs. 5.2.2 The improvement and upgrading pf- streetscapes In encouraged. Where appropriate, streetscape p(a s, urban design guidelines or community iniii'fiavemeritiilaps 'will be undertaken and implement in cooneration r ith area land owners a� d.slA's. SECTION 6 ENVIRONMENTAL QUALITY Modification 27 a) 25 5.2.3 The City shall cooperate with other levels of government in protecting existing trees and planting new trees along roadways and highways in accordance with municipals Regional and Provincial guidelines for aesthetics, maintenance and safety. 5.2.4 In all public works, no trees within the road allowance or on public property shall be removed unnecessarily. However, if they must be removed, suitable trees shall be replaced as soon as possible where it is desirable and practical. 5.2.5 The City shall participate in tree planting programs to enhance the environment and shall encourage private landowners to protect existing trees and plant additional trees on their own property. 5.2.6 In cooperation with the appropriate agencies, the number of utility poles shall be minimized and overhead wiring shall be progressively buried underground. 5.2.7 Wherever possible, driveway entrances shall be consolidated within and between properties to improve traffic flow efficiencies." Three minor wording changes are recommended within this Section, all based on the new Provincial Policy Statements. In the Preamble, a reference to the increased use of public transit or alternative modes of transportation in order to support a healthier environment are recommended. The PPS requires planning authorities to protect, improve or restore the quality and quantity of water and as such a policy that requires special studies, where warranted, to ensure the protection of surface and ground water features is recommended. Energy efficiency and improved air quality are other issues that the PPS require local municipalities to support. A new policy is proposed stating Council's commitment to support measures leading to energy efficiency and improved air quality such as efficient designs, a compatible land use mix, and solar and wind energy. That the third sentence of the Preamble to Part 3, Section 6 be amended by adding "increased use of public transit or alternative modes', of transportation," following the words "greening and landscaping b) That Policy 61, Part 3 be modified by. deleting the words "and surrounding area" and replacing them with "aria the quality and quantity,of surface and ground water features 26 That the following policy be added to Part 3, Section 6: "6.11 Council supports compact, efficient designs, a compatible mix of land uses and the use of alternative or renewable energy suct as solar and wind, to support energy efficiency and improved air WNW." PART 4 ADMINISTRATION AND IMPLEMENTATION SECTION 1 PROVINCIAL POLICIES, OFFICIAL PLANS OF THE REGION AND ADJACENT AREA MUNICIPALITIES The recent amendments to the Planning Act require Municipalities to "be consistent with" rather than "have regard to" any Provincial Policy Statements issued. The wording of Section 1, Part 4 must therefore be updated to reflect the Planning Act. Modification 28 That the first sentences of the Preamble to Part 4 be amended by deleting the words "must have regard to" and replacing them'with "shall be consistent with That Policy following: 1.1, Part 4 be deleted in its entirety and replaced with the The Province has issued Provincial Policy. Statements on matters relating to municipal planning under Section 3 of the Planning Act. Any development or redevelopment shall be consistent with the Policy Statements." SECTION 2 OFFICIAL PLAN REVIEW AND AMENDMENTS According to the Planning Act Regulations, required public meetings for amendments to the Official Plan must be advertised through the publication of a notice in the newspaper or by a mail -out to land owners within 120m of the subject amendment and a sign posted on the subject lands. The current Official Plan policy 2.4 complies with these regulations by stating that the City will advertise such meetings through the local newspaper. Policy 2.4 also notes that notice may be given through the mail but does not refer to the posting of a sign on the lands. The Planning Division routinely has signs posted for Official Plan amendments. The addition of this option to the Official Plan would be in compliance with current procedures. As noted previously, the PPS emphasizes efficient growth patterns based on population growth and intensification and redevelopment of existing sites /structures. The Policy Statements require a specific review of growth projections, alternative development sites, servicing, specialty crop lands and water quality management when considering an expansion to an urban area boundary. The following changes are recommended to the Official Plan to implement the Provincial Policy Statement. Modification 29 27 a) That Policy 2.1, Part 4 be amended by deleting the words "growth patterns" and replacing them with "population and growth projections" b) That Policy 2.4, Part 4 be amended by deleting the phrase "to the public at least 30 days before the holding of the public meeting" in Sentence 3 as well as Sentences 4 and 5 and replacing them with the following "in compliance with the Regulations issued under the Planning Act." That Policy 2.6.2, Part 4 be amended by deleting the words "other sites or areas of the City" and replacing them with "alternatives sites or areas of the City or possible areas of intensification or redevelopment That the following new policies be added to Part 4, Section 2.6: "2.6.8 The protection of specialty crop land from development. SECTION 4 BY -LAWS The changes proposed to Section 4 relate to updating the policies to current regulations. It is recommended that Policy 4.1.2.2 be simplified by referring to the Regulations under the Planning Act for public notification requirements. It is also recommended that the section of the Planning Act which deals with temporary uses be referenced. This is consistent with the other policies of Section 4 which refer back to the appropriate section of the Planning Act. A grammatical error in Policy 4.4.3 is recommended to be corrected. Modification 30 a) That Policy 4.1.2.2, Part 4 be amended by deleting the second, third and fourth sentences and by adding the following as the second sentence: Notification of such meeting(s) will be given in accordance with the Regulations issued under the Planning Act. That Policy 4.4.1, Part 4 be amended by adding the words "Section 39 of" after "In accordance with" and be replacing the word "conditions" with "condition That Policy 4.4.3, Part 4 be amended by adding the word "an" between the words nt" and "extension Any applicable cross jurisdictional issues such as, but not limited to servicing, transportation, watersheds and natural areas." SECTION 8 LAND DIVISION COMMITTEE In 2000, the responsibility of the Regional Niagara Land Division Committee to make decisions on applications for severance was downloaded to the City's Committee of 28 Adjustment. The title of Section 8 should be updated to reflect this change as should all references to the Land Division Committee. Modification 31 a) b) That the title of Section 8, Part 4 be changed from "Land Division Committee" to "Consent Policies That the Preamble to Section 8, Part 4 be amended by del eting the phrase "Regional Land Division Committee and replacing it v ttfi "Committee of Adjustment". d) That the following new The lot creation policies of the 2005 PPS prohibit the creation of new residential Tots in prime agricultural areas (i.e. Niagara Falls) except for residences surplus to a farming operation. Consequently the current consent policies of the Official Plan must be updated to delete farm retirement lots and residential infilling in the agricultural area. In addition, the surplus farm residence policies must be updated to comply with the Policy Statements. Consents are permitted by the PPS for lots for facilities and corridors such as sewage and water systems, waster management or transit/transportation corridors and a new policy to the Official Plan is proposed to reflect this. Modification a) That the first sentence of Policy 8.2.3, Part 4 be amended by(deleting the word "abutting" and by deleting the Word "ownership" and replacing it with "farm operation That the following sentence be added as the second sentence to Po Part4: vacant farm operation ;created by the severance shall be rezoned to preclude any further residential development," That Policies 8.2.4 and 8.2.5 of Part 4 be deleted in .their entire policy be added as Policy 8.2.4,: Part 4: icy 8.2,3, "8.2.4 Consent may be granted for the creation of a lot forfacilities and corridors that cannot be accommodated :through the use of easements or right of way. Notwithstanding. any other policies in this plan, facilities and corridors, for the purpose of this policy, shall include: sewage and water systems, septic systems, waste ,management; systems, electric power generation and transmission, communications and /or .telecommunications, transit and transportation corridors and facilities, oil and gas pipelines and associated facilities." 29 SECTION 9 COMMITTEE OF ADJUSTMENT This Section is out -of -date with the provisions of the Planning Act and the powers provided to the Committee of Adjustment under the Act. Minor wording changes to the policies of this section are appropriate to clarify the policies and to include all the considerations outlined by the Act. The Title of Section 9 should be changed to "Minor Variance and Related Approvals The name change would better reflect the purpose of the policies within this section and allow the Section Name to be consistent with the other titles in Part 4 (By -laws, Consent to Sever, Subdivision Control, Site Plan Control, etc.). As noted in Section 8, the mandate of the City's Committee of Adjustment has expanded to include decisions on applications for consent to sever which is not dealt with in this Section thus continued use of the title "Committee of Adjustment" may be confusing. There are 4 tests under the Planning Act to consider when dealing with a variance application: that the application is minor in nature, is in keeping with the intent and purpose of the Official Plan and Zoning, and is appropriate for the land, building or structure for which the variance is proposed. A slight rewording of Policy 9.2 brings all of the 4 components of the test into the Official Plan. The current policies recognize that the Committee of Adjustment may grant extensions to non conforming uses but does not add that buildings or structures may also be extended and should therefore be updated. It is also recommended by Planning Staff that the policies emphasize that only 'legal non conforming uses" (i.e. uses that were legally operating on the date of passing of the City's Zoning By -law) may be granted extensions under the Act and not illegal uses. day of adoption of the Zoning By -law but no longer conforms with the policies of this Plan and are and by adding the word "implementing" after the words "not permitted in the c) That Policies 9.4, 9.5, 9.5.4 and 9.6, Part 4 be amended by adding the word "legal" before the words `non conforming'. When considering an extension or enlargement of a non conforming use, the Planning Act states that the use must be similar to or is more compatible with existing development. Addition of this wording to Policy 9.5.2 is recommended. Modification 36 That Policy 9.5.2, Part 4 be amended by deleting the words "compares favourably to the existing use in terms of and replacing them with "is similar to or is more compatible with existing devei ment in terms of street character". Extensions of legal non conforming uses are not usually subject to site plan control therefore it is recommended that where extensions are requested, the applicant provide protection of neighbouring properties and where applicable, enhancement of the current conditions of the site in Policy 9.5.3. Modification 37 That the first sentence of Policy 9.5.3, Part 4 be amended by deleting the word "by" after the words "reasonable protection" and by adding the words "and, where`; applicable, enhancement through The Planning Act allows the Committee of Adjustment to permit the use of any land, building or structure which conforms with the general uses permitted by the Zoning By -law. The addition of a new policy would include provision of the Act. Modification 38 That the following new policy be added to Part 4, Section 9: 9.7 30 Where the Zoning By -law defines the use of lands in general terms, the Committee of Adjustment may permit the use of any land, building or structure that, in its opinion, conforms with the uses permitted in the by -law." PART 5 APPENDICES APPENDIX 1 DEFINITIONS 31 Seven new definitions are proposed for the Official Plan all resulting from the recent changes to the Provincial Policy Statement (PPS) and the Ontario Heritage Act. With changes to the natural heritage policies in the PPS some new terms used in the proposed modifications listed above are to be defined: adverse impacts; ecological function; significant wetlands; and significant habitat of threatened or endangered species. The Ontario Heritage Act has introduced the terms: cultural heritage landscape, built heritage resource and cultural heritage value or interest. These terms are included in the proposed modifications to the heritage policies of the Official Plan and should be clarified through definitions. A revision to the definition of affordable housing is proposed. In the past the definition of affordable housing has been modified. With the passing of the Places to Grow Act (June 13, 2005) and the draft Greater Golden Horseshoe Growth Plan, the definition of affordable housing is expected to be further refined and possibly catered for sub regions of the province. It is proposed that the Official Plan definition of affordable housing be made more flexible by deleting the second and third sentences which read "These households are within the lowest 60 percent of the income distribution for a specific geographical area. Annual housing costs should not exceed 30% of gross annual household income in order to be classified as affordable. The definition will retain reference to affordable housing as recognized by the Province. The 2005 PPS deletes the provision for consent to sever a farm retirement lot therefore the definition of a full -time farmer is no longer applicable to policies in the Official Plan and should be deleted. Also proposed for modification to the Official Plan is a renumbering of the definitions where necessary to accommodate the listing of the definitions in alphabetical order. 32 cause harm or material discomfort to any person; negatively affect on the health of any person; render any property /plant/animal life unfit for human use; result in loss of enjoyment of normal use of the property; or interfere with the normal conduct of business. 1.5 "Built Heritage Resource" one or more significant buildings, structures, monuments, installations or remains associated with architectural, cultural, social, political, economic or military history that are of value for the important contribution they make to our understanding of the history of a place, an event, or a people. 1.8 "Cultural Heritage Landscape" a defined geographical area, often modified by human activities, that are valued for their important contribution to our understanding of the history of a place, an event, or a people. The geographical area may, have been specifically designed or may have evolved over time and may be continuing to evolve. It involves a grouping(s) of individual heritage features such as structures, spaces, archaeological sites and natural elements, which together form a significant type of heritage form, distinctive from that of its constituent elements or part such as gardens, main streets, neighbourhoods or trails. 1.9 "Cultural Heritage Value or Interest" includes built heritage resources, cultural landscapes and sites of archaeological importance. 1.10 "Ecological Function" the natural process, product or service that environments provide or perform within or between species, ecosystems and landscapes. 1.22 "Prime Agricultural Land" lands that include where specialty crops are grown (such as, but not limited to, tender fruit, grapes, vegetables, greenhouse crops) and /or Canada Land Inventory Classes 1, 2, and 3 soils. 1.28 "Significant Habitat of Threatened or Endangered Species" the habitat, as approved by the Ministry of Natural Resources, that is necessary for the maintenance, survival, and /or the recovery of naturally occurring or reintroduced populations of species that are listed as a threatened or endangered species on the Ministry of Natural Resources' official species at-risk list. The habitat includes those areas of occurrence that are occupied or habitually occupied by the threatened or endangered 'species during all or any part of its life cycle. SCHEDULES SCHEDULE A FUTURE LAND USE 33 The Environmental Protection Area designation along watercourses has been based on applicable floodlines related to prepared mapping. Several watercourses in Niagara Falls have had their floodline mapping revised from the Regional Floodline to the 100 Year Floodline which, according to Policy 12.12 of the Environmental Protection Area policies, did not require an Official Plan amendment but were to be reflected in zoning by -law amendments. An update to the Official Plan mapping would be appropriate as part of this review. The watercourses affected are: Thompson Creek, Warren Creek, Usshers Creek and the portion of Lyons Creek west of the Q.E.W.. The Regional Floodline shall apply to Beaverdams Creek, Shriner's Creek, Ten Mile Creek and Tributary W -6 -5 as per the Niagara Peninsula Conservation Authority Flood Plain Policies (Policy 5.2). In some situations, the land use designation of the Official Plan differs from the applied zoning on specific properties for a variety of reasons. Updating the Official Plan designation for the following lands would be appropriate through this amendment: a) City Owned Lands north of Forest Ridge Road and south of the CN Rail Lines: The lands were zoned Environmental Protection Area as a condition of a Plan of Subdivision and also taken as open space dedication through the subdivision process. The site is treed and sloped. An Environmental Protection Area designation should replace the current Residential designation. b) 6161 Thorold Stone Road: The lands are currently designated Major Commercial and Residential and were zoned General Commercial by By -law No. 2003 -75. A small portion of land at the rear of the property is designated Residential. An Official Plan amendment was not considered necessary at the time of the zoning 34 amendment because it was considered to be a minor adjustment to the boundary. Applying the Major Commercial designation to this small portion of land is considered a housekeeping amendment. c) East side of Garner Road, between McLeod Road and Lundy's Lane and north of the Hydro Corridor: The current Open Space and Residential designation of these lands do not accurately reflect the boundary of the Provincially Significant Wetland. A revision to the Official Plan designation would recognize the existing dwellings along Garner Road (some of which were designated Open Space) as well as the PSW. An Environmental Protection Area designation should apply to lands within the PSW limits and a Residential designation should apply to the abutting existing residential lots. d) 6110 Lundy's Lane (Drummond Hill Cemetery): Currently designated Tourist Commercial, Minor Commercial and Residential. An Open Space designation would best reflect the existing use. e) Awoodlot bounded by Ort Road, Willick Road and Lyon's Creek Parkway, identified as Part 1 of Plan 59R- 10157, was dedicated as a block of land in the Chippawa West Phase 2 Plan of Subdivision to preserve the woodlot. The City's zoning by- law was amended to apply a site specific Open Space (OS) zoning over the woodlot for preservation. The present Official Plan designation is Residential. An Environmental Protection Area designation should be applied to the lands to recognize the natural feature. Two instances of land exchanges which were not reflected through an exchange of land use designation can be corrected through this amendment on the following lands: a) Dwellings fronting onto Dawn Crescent are currently identified as Open Space while the abutting park (Mulhern Park) fronting onto Belfast and Baldwin Avenues has been identified as Residential. A switch in the designation would reflect what has been developed. b) Two housing developments located at 6945 and 6995 Ailanthus Avenue, north of McLeod Road and the Hydro Corridor (see diagram below) are shown as Open Space on some portion of the properties. C.B. Wright Park (to the north) is shown as Residential. Schedule A should be amended to reflect the existing land uses. 35 The following instances are where designations do not follow property lines or where a split designation applies to the property. Although the designation boundaries in the Official Plan are not intended to be accurate to scale, clarification of the designations can be accomplished through minor technical changes to Schedule A. a) 5175 Victoria Avenue: This property contains a small shopping mall which occupies the whole of the property. The rear half of the lands currently designated Residential and should be redesignated Minor Commercial which is in line with the designation of the front half of the lands and the existing use. b) 4848 Victoria Avenue (Niagara Falls Public Library): The rear of this property, including the parking area and part of the Library building, is designated Residential and should be changed to Minor Commercial to reflect the existing use and match the remaining designation. 36 c) 8444 8870 Lundy's Lane: The Tourist Commercial designation of these properties (beginning at the east side of Garner Road to the second lot west of Kalar Road) does not extend to the rear property line. It is recommended that the current Residential designation be changed to Tourist Commercial since the whole of some of the properties are presently being used for commercial use. The lands to the rear of this strip are vacant. d) 7864 8226 Spring Blossom Drive (inclusive): The lands on the south side of Spring Blossom Drive between and including the addresses listed above contain developed single family dwellings and have a split designation of Residential and Tourist Commercial. A Residential designation should be applied to all of the lands. e) 5580 Kalar Road: An industrial use is located on this property. Half of the lands is designated Industrial while the eastern half is designated Residential. The whole of the lands is zoned General Industrial and contains the industrial building or associated parking. The property should be redesignated to a single Industrial designation. f) 7301 Lundy's Lane (Super Putt): A triangular portion to the rear of the property, along Royal Manor Drive, is designated Residential. This portion contains the parking lot for the Miniature Golf use. The remainder of the land is designated Tourist Commercial. The Residential designation should be replaced with Tourist Commercial. g) 5752, 5720, and 5688 Royal Manor Drive: These three lots contain single family dwellings and are designated Tourist Commercial. They are zoned Residential. A Residential designation should be applied to these properties. h) 7296, 7304, 7312, 7320, 7328 Alex Avenue: All of 7296 7312 Alex Avenue and portions of 7320 7328 Alex Avenue are designated Major Commercial in the Official Plan. All of these lots are zoned Residential and contain single family dwellings. A redesignation to Residential would bring the lots into line with the existing use and zoning. SCHEDULE C MAJOR ROADS PLAN 37 An update to Schedule C to reflect the road jurisdictions listed in Policy 1.4.16 as well as the road classifications outlined in the Road Networks policies. There are currently four golf courses outside of the City's Urban Area boundaries. The two courses located south of the Welland River are designated and zoned Open Space while the other two courses north of the river are designated and zoned for agriculture. The two northern courses (Niagara Falls Golf Course and Beechwood Golf Course) are recognized through a notwithstanding policy in the Official Plan's Good General Agricultural Section (Policy 7.8). A change in designation for the two northerly courses would recognize the existing uses and provide a consistent treatment of golf courses across the non -urban areas of the City. The zoning of these courses as open space uses can be recognized in the City's draft zoning by -law. An Open Space designation permits golf courses as is recommended for the Niagara Falls and Beechwood Golf Courses. Policy 7.8, Part 2 should be deleted. The northern portion of the Willowdell Golf Course is designated Open Space in the Official Plan, however, the southerly portion of the lands has remained designated Rural due to a drafting omission. It is recommended that the whole of the Golf Course property be placed under the Open Space designation. Sobeys Ontario The City of Niagara Falls Canada Corporate Services Department Clerk's Division 4210 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 Attention: Dean Iorfida, City Clerk Dear Mr. Iorfida: Re: Application for Tourism Exemption Regarding Holiday Openings Commisso's Food Market, 3714 Portage Road, Niagara Falls, ON Thank you for your letter of October 19, 2005. We wish to confirm that Sobeys Capital Incorporated is seeking an exemption to the Retail Business Holidays Act from the Region of Niagara with respect to the Commisso's Food Market located at 3714 Portage Road, Niagara Falls, Ontario, L2J 2K9 Our reasons for the application describing the benefits of remaining open are as follows: 1. Niagara Falls is a tourist destination and as a grocery retailer we provide an essential service to visitors who wish to shop during a holiday. 2. In Niagara Falls, the majority of our competitors remain open on statutory holidays. In order to remain competitive, we must open also. 3. Remaining open consistently reduces any disruption to our normal business routine. We are able to receive deliveries and provide un- interrupted service to our customers. 4. Remaining open provides employment opportunities for our part -time and full -time staff who would rather work during a statutory holiday. 5. Remaining open enables us to satisfy our customers needs by providing them with a full service grocery to complete their shopping during a holiday. I trust that the above is satisfactory. If you require clarification, expansion or further explanation on any point, please do not hesitate to contact me (905) 688 -2112 Ext. 239 at your earliest convenience. Yours very truly, Sobeys Ontario 6355 Viscount Road Mississauga, ON L4V 1W2 Rocco Commisso Vice President and General Manager c.c. Pam Gilroy, Regional Clerk Associate Director of Corporate Services, The Regional Municipality of Niagara The City of Niagara Falls Canada Mr. Rocco Commisso Commisso's Food Market 318 Ontario Street St. Catharines ON L2R 5L8 Dear Mr. Commisso: Corporate Services Department Clerk's Division 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel: (905) 356 -7521 Fax: (905) 356 -9083 E -mail: diorfda @city.niagarafalls.on.ca October 19, 2005 Dean Iorfida City Clerk VIA FAX: 905 688 9387 Re: Application for Tourism Exemption Re: Holiday Openings A copy of your application to the Region for holiday openings for your Niagara Falls store was forwarded to my office. The exemption to the Retail Business Holidays Act is processed through the Region, however, the Region requires some indication that the Council of the lower -tier municipality is supportive of the application. Based on the above, I would respectfully request that you send me a letter, on your company letterhead, simply indicating that you are seeking an exemption at the Region, the reasons why you are seeking the exemption and that you request Niagara Falls Council support your application. With the formal request letter, I will place the matter on the next Council agenda so your application at the Region can be dealt with expeditiously. If you have any questions, feel free to contact me. Si rely, Dean I da City Clerk Ext. 4271 c. Pam Gilroy, Regional Clerk Associate Director of Corporate Services, The Regional Municipality of Niagara Working Together to Serve Our Community Cleric's Finance Human Resources Information Systems Legal Planning Development September 27 2005 Mayor Ted Salci City of Niagara Falls 4310 Queen Street Niagara Falls, ON L2E 6X5 Dear Mayor Salci: As this is the "Year of the Veteran", being the 60 Anniversary since the end of WWII, a gesture of appreciation by the City of Niagara Falls permitted all vehicles bearing the "Veteran" licence plate free parking at city meters and parking areas. This courtesy has been most appreciated by all concerned. At a recent meeting of the Veterans Association it was pointed out by the members that. Politicians, of all levels of government, at various parades, etc., speak generously of the Veterans and that the Citizens or uanaua are giatc ui RA the peak and that we Share is dtte to the great efforts and sacrifices made by Veterans of all wars and peacekeeping conflibts. In this respect, it was recommended that council be approached to extend privilege on a permanent basis. I personally feel that this privilege would not be abused or cause any undue loss of parking revenue to the City due to the minimal number of Veterans still remaining. For your consideration, I remain Chairman Central Veterans Assoc. Central Veterans Association c/o Royal Canadian Legion Branch 51 5743 Valley Way Niagara Falls L2E 1X7 03 'Prime CE 0" HE MAVOt' Community Services Department Municipal Works Traffic Parking Services Inter Departmental Memorandum To: Dean Iorfida, City Clerk From: Karl Dren Manager of Traffic Parking Services Extension 4509 Subject: Request for Year Round Free Parking for Veterans As this year being the year of the Veteran, our City, like so many other municipalities across Canada, have extended the courtesy of free parking for those vehicles that have the specialized plate, demarking the poppy and the word veteran, as illustrated below. Background: ONTARIO 000VET YOURS TO DISCOVER November 10, 2005 The City of Niagara Falls Canad� In response to the request received from our local Branch 51 of the Legion, for the permanent privilege of free parking, on a year round basis, I offer the following information. In Ontario, the Provincial Government has issued over 16,500 (other provinces have also issued these plates as well) Veteran Licence Plates since November 2003. The criteria for the issuance of Veteran plates is as follows. The new veteran licence plate is available (at no extra charge) to those who have honourably served in: Served in WWI, WWII or in Korea during the Korean War; as a member of the Canadian Armed Forces, or allied forces, or in the Merchant Navy or Ferry Command; Served for a minimum of three years (paid duty) in the Canadian Armed Forces (may still be serving) or Served in NATO operations or as a member of a United Nations peacekeeping force as a member of the Canadian Armed Forces, or the Royal Canadian Mounted Police or as a member of another Canadian police force; or as a member of an allied force. Free parking is a very contentious issue. We currently offer free at on -street parking meters to the physically challenged who display a permit, as well, we offer 2 hour free parking at the on- street parking meters, during the month of December, in the Downtown area. Working Together to Serve Our Community Request for Year Round Free Parking for Veterans Paid Parking on the street is instituted for the following reasons: 2 November 10, 2005 to ensure parking turnover occurs; to offer the best parking to customers of the adjacent businesses; to ensure owners and employees do not monopolize the preferred on- street parking spaces; and receives support of the local BIA Free parking is subject to abuse, therefore, all aspects should be considered. What about those veterans who have chosen not to obtain a Veteran Plate? Will employees of local businesses, who have the specialized plates, monopolize the parking spaces? Will other groups come forward and want the same courtesy extended to them? Etc.? Therefore, it is suggested that if Council wishes to offer free parking to Veteran plated vehicles, that the following should be considered. Suggestions: Rather than offering year round free parking, Council may wish to consider the following gesture: On November 11t every year; or On the 11 to day of every month; or For the month of November every year, designating November as the month of the Veteran. In all cases, the offering of free parking should only be for on- street meters, for the duration of the maximum time limit permitted. I trust this information is satisfactory. cc. Ed Dujlovic C:\Documents and Settings\Administrator\Local Settings \Temp\Legion Branch 51 request for free parking.wpd Niagara Falls The City of Canadc To: Mayor Ted Salci Date: November 21, 2005 Members of Council Clerk's Department Inter Departmental Memorandum From: Dean Iorfida City Clerk Ext. 4271 Subject: Letter from Tom Saks, Renaissance Fallsview Please find attached a letter sent to the Mayor from Tom Saks of the Renaissance Fallsview regarding noise from My Cousin Vinny's. A draft, self explanatory response is attached for your information. Working Together to Serve Our Community October 14, 2005 City of Niagara Falls City Hall, P.O. Box 1023 4310 Queen Street Niagara Falls, Ont. L2E 6X5 Att: Mayor Ted Salci Subject: Noise from `My Cousin Vinny's' restaurant Dear Mayor, We wish to inform you and the City of Niagara Falls that we are extremely disappointed with how the city and the police department have been handling our complaints regarding the loud music each evening coming from the above referenced establishment. While we have been following the agreed to procedures of calling the police whenever we receive complaints from our guests (please refer to attached internal memo outlining our procedures), we have found this approach to be totally ineffective in reducing the loud music or stopping the noise after the agreed to 11:00 PM timeframe. We have been tracking our guest complaints each day since the beginning of July and to date there have been over 40 individual complaints, many of which have resulted in lost revenues for our hotel as these guests have insisted on compensation for their stay. We cannot continue to sustain such losses and we are unable to attract new guests to our property once they learn about the problem in our neighborhood. This has now become a very serious issue that we need rectified before it gets worse. We would hope that your office and the city counselors would act upon this matter on our behalf and take the necessary steps to eliminate this problem as soon as possible. Respectfully yours, Renaissance Fallsview Hotel Tom Saks Owner RENAISSANCE FALLSVIEW HOTEL NIAGARA FALLS Cc all City of Niagara Falls Aldermen and Counselors 6455 Fallsview Boulevard, Niagara Falls, Ontario, Canada L2G 3V9 Telephone (905) 357 -5200 Facsimile (905( 357 -3422 www.renaissancefallsview.com OCT 2 ICE OF THE MAY Oft RENAISSANCE. FALLSVIEW HOTEL NIAGARA FALLS, ONTARIO Comments: Any concerns with this please see me. Thank you for your co- operation with this. Kathy MEMORANDUM Kathy McMurray Rooms Operations Manager 905- 357 -1151 ext 6285 ktncmurray@renaissanceniagarafalls.com ce; TO A ll DTS &Front Office Associates C ,--9, G' r cb -t, FROM: Kathy McMurray C t �''L r t c SUBJECT: Noise Complaints from My Cousin Vinny's c, C� ly 3� C. c ti GG DATE: June 24, 2005 0 0 ti Should we receive any further noise complaints from our guests regarding C 6 My Cousin Vinny's we are to call City Hall 905 356 -1393 or 903 356 -1355 c 'v' and report it. The City has by -law officers working late evenings. If you have to leave a message please do, as they are often out on the road and picking up voice mails every so often. Also don't hesitate to call more that once. For your information: The Fallsview area is located in an exempted area of noise, which permits entertainment however this does not exclude our area from the general provision of the Noise by -law, which states: "No person shall make, cause or permit noise or vibration which is likely to disturb the quiet, peace, rest, enjoyment, comfort or convenience of the inhabitants of the municipality Should the call come in after 11:00 p.m. call the police 905 688 -4111 as they are suppose to attend. This complaint falls under bylaw #2004 -105 and we are advised by City Hall the Niagara Regional police that the police are to attend to our needs. I need to be informed every time either the City of Niagara Falls is called or the police are called. To ensure we do not forget to notify myself, please send me an email each time we call. Please include in the email whether the situation had been resolved. The City of Niagara Falls Canada Mr. Tom Saks, Owner Renaissance Fallsview Hotel 6455 Fallsview Boulevard Niagara Falls ON L2G 3V9 Dear Mr. Saks: Corporate Services Department Clerk's Division 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.ctty.niagarafalls.on.ca Tel: (905) 356 -7521 Fax: (905) 356 -9083 E mail: diorfda @city.niagarafalls.on.ca November 11, 2005 Dean Iorfida City Clerk Thank you for your letter to the Mayor regarding noise from "My Cousin Vinny's". The City takes these matters seriously. Please find attached, an e -mail from Mr. Bob Judge, our Manager of By -law Services. As the e -mail indicates there were twelve (12) official complaints emanating from My Cousin Vinny's during the summer, with half of them being legitimate. As Mr. Judge indicates 2005 was the first year the "new" noise by -law was in place. Often, when a new by -law is in place, it is necessary to educate the public on its applicability; therefore, staff tries to deal with possible violations in a diplomatic and conciliatory manner. As noted, in 2006 there will be a zero tolerance for such violations. Other efforts have been taken to deal with the noise issue. The City has a weekend by -law enforcement officer, who has spent much of this past summer mediating these type of complaints. Short form wording has been provided to the Regional Police, allowing them to issue tickets at any time, should they feel that the situation warrants enforcement. Finally, City staff met with representatives of various Fallsview B.I.A. businesses, including yours, on this issue in the summer. We would have been more than happy to meet with you again if the problem was persisting. It also should be noted that although My Cousin Vinny's may have made promises that they would cease music at 11:00 p.m., the City's Noise by -law does not have time restrictions in the tourist section of the City. This exemption was done after thorough consultation with representatives from the Fallsview, Victoria Centre and Clifton Hill B.I.A.'s., who felt that their area was an entertainment area and should not be restricted after 11:00 p.m. Working Together to Serve Our Community Clerk's Finance Human Resources Information Systems Legal Planning Development 2 November 11, 2005 In conclusion, the City will have a zero tolerance approach in 2006 to noise complaints. It is contingent upon your staff to contact us and document when such incidents occur. Finally, it is my understanding that your B.I.A. has formally opposed the issuance of a patio liquor licence to My Cousin Vinny's. Often through the liquor licensing process, conditions can be placed on the licence that would be helpful in minimizing noise issues. If you have any questions, feel free to contact me directly. c. Mayor Members of Council Sgt. Dan D'Amico, Niagara Regional Police Bob Judge, Manager of By -law Services Sincerely, Dean Iorfida City Clerk Ext. 4271 From: Bob Judge To: Dean Iorfida Date: 10/27/2005 10:05 AM Subject: Fwd: Re: HELIAS ENTERPRISES LIMITED "MY COUSIN VINNY'S" Page 1 of 1 Dean Iorfida Fwd: Re: HELIAS ENTERPRISES LIMITED "MY COUSIN VINNY'S" Mr. Latinovich; In reply to your e-mail this will confirm that this office received twelve (12) official complaints regarding noise (music) at the above property. Those complaints were investigated by staff from this Department. Of those twelve complaints, it was found that on six occasions the noise was excessive. The investigating officer requested your staff to turn down the noise (music) and he was accommodated. The remaining six complaints were investigated and it was found that they could not be substantiated. The City has not issued any tickets or filed any charges in regard to noise by -law matters against your client or their employees nor are there any pending. During the summer of 2005 there were numerous noise complaints in the City regarding the "new noise by- law It was our policy during this time to give warnings and in most cases we received co- operation from most businesses including your client. The tourist season of 2006 will be upon us soon and there will be a "zero tolerance" to justified noise complaints; tickets will be issued and if need be charges will be filed in order to attain compliance. Robert Judge Manager of By -law Services The City of Niagara Falls Canada Mr. Rick Dritsacos My Cousin Vinny's 6541 Main Street Niagara Falls ON L2G 5Y6 Dear Mr. Dritsacos: Cor .ate Services Department Clerk's Division 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.clty.nlagarafalls.on.ca Tel: (905) 358 Fax: (905) 358 9083 E -mail: diorfidaecity .nlagarafalls.on.ca Dean lorflda City Clerk September 1, 2005 Re: My Cousin Vinny's Please find the signed Municipal Information form required by the Alcohol Gaming Commission (AGCO). As the City Clerk, my function is to merely indicate whether the municipality is "wet, damp or dry Niagara Falls does not restrict areas in which a liquor licence can be issued, therefore, the entire city is classified as wet. Notwithstanding the above, my understanding is that there are a number of municipal concerns related to your expansion of your patio such as occupancy load and parking requirements. In addition, the municipality has received a number of complaints based on noise emanating from your property. Although I do not believe it is appropriate to withhold the Municipal Information form, if the outstanding issues are not resolved, the municipality may be forced to go on record opposed to the issuance of the licence related to the patio expansion. Finally, it should be noted, if your outdoor patio is on municipal property you will have to make an application to our Planning Department. Once again, please find enclosed the signed form. If you have any questions, please do not hesitate to contact me. Sincerely, Dean Iorfida City Clerk Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development tt Office of the Mayor Inter Department Memorandum TO: Dean: Thanks Cathy Dean Iorfida FROM: Cathy Crabbe Executive Secretary Ext. 4202 RE: Regional Council Review Committee DATE: November 10, 2005 Could this request for an interested member from Council to sit on this committee be added to the next agenda? a'+ The first meeting of the committee will be Thursday, November 14, 1:00 p.m. in Committee Room 4 at the Region. September 28, 2005 Mayor R. T. (Ted) Salci City of Niagara Falls 4310 Queen Street Niagara Falls, ON L2E 6X5 Mayor Salci: Regional Council is undertaking a review of the function of planning. A Review Committee is being established to oversee the review. Representatives will be from the Regional and local Councils as well as a member of the Board of the Niagara Peninsula Conservation Authority. The Committee will meet once a month with the review being completed in approximately six to eight months. A copy of the Work Plan is set out on pages 6 to 8 of the attached report (CAO 17- 2005). Would you please consult your Council to see if a member wishes to sit on the Committee and notify the Regional Clerk. Minutes and background information will be circulated to your Council during the course of the review. Thank you for your assistance. Please contact me if you have any questions. Yours truly, o Councillor William Smeaton Chair, Review Committee COUNCILLOR WILLIAM SMEATON The Regional Municipality of Niagara 5814 Mouland Avenue Niagara Falls, Ontario L2G 5N7 Telephone: (905) 356 -6536 E -Mail Address: Wiliam smeaton a(�.regional.niagara.on.ca cc: Pam Gilroy, Regional Clerk RECOMMENDATION PURPOSE BACKGROUND Niagara 1117" Region REPORT TO: Chair and Members of Regional Council L.:AU 1 -2UU5 September 1, 2005 Page 1 SUBJECT: Organizational Sustainability (Core Service Review) Work Plans That Council endorse the work plans for service delivery reviews and that staff be directed to report back to Council with the results as outlined in the work plans To provide highlights, and seek endorsement of the work plans that have been developed for the four service areas identified by Council as priorities for further review at the June 23,2005 Council Planning session. The most recent Council report outlining the status of the Core Services Review initiative is CAO 26 -2004. That report indicated that there was a need to begin to focus our review efforts in service areas identified as Council priorities. On June 23` Councillors met at the new Welland Civic Centre as part of a workshop addressing organizational sustainability..The outcome of that session was that four broad service areas were selected as priority areas for further review as part of.the Core Service Review initiative. These areas include the Planning function, Police Services, Water and Wastewater Services, and Transportation Services. In considering the objectives and scope of each review Councillors were guided by a Ministry of Municipal Affairs publication "Making Choices: A Guide. to Service Delivery Review for Municipal Councillors and Senior Staff (August 2004)" that provides a list of 10 suggested questions that a service delivery review should address.. Staff committed to reviewing the objectives identified by Councillors and develop a work plan for each of the four service areas to meet those objectives with the guiding questions as a base for the scope of the review. The development and completion of these work plans is in support of Strategic Direction 4 `Affordable Service Excellence and Satisfying Work' in Council's Business Plan. An update on the progress made on each of the six Strategic directions was provided recently through CAO 14 -2005. I.HV I I -LUDO September 1, 2005 Page 3 Expected Outcomes The objectives identified at the Council Workshop were to address any real or perceived duplication of functions, research and review the approach of other jurisdictions, identify opportunities to provide a one -stop shopping approach to service delivery, and ensure coordination of effort. Review of Water and Wastewater Services (Appendix B) Context The activities related to the provision of water and wastewater services have been the subject of a number of reports over.•the past decade.: These include the first comprehensive Master plan in 1995 and update in 2003, a master servicing plan for biosolids management in. 2001, a comprehensive watershed :plan in 2003, .and several organizational reviews. This review will build upon this prior work. Scope The scope of review identified a desire for consideration of a range of alternative service delivery ..models including but not. limited •;to, outsourcing, single level service delivery,: and identification of efficiencies and opportunities for improved cooperation within the existing .model. The work plan contemplates a number of potential review would encompass the range of service delivery options identified at the Council workshop. Consultation Given the scope of the review consultation and involvement will be needed with a broad range of stakeholders including area municipalities, financial staff (related to billing options), NPCA and others as appropriate. Resources The work plan proposes a completion in early 2006 in time for the 2007 budget =process as identified during the Council workshop. The review.. would be completed primarily with internal staff resources the potential for some consulting support. Expected Outcomes The objective identified at the Council Workshop was to ensure a cost efficient, safe, effective water and wastewater system for the residents of Niagara. Review of Transportation Services (Appendix C) Context— The review of Transportation Services will build upon a number of reviews and changes that have been adopted since 2000 when the last road transfer and conditions of transfer plan was completed. These include the .Roadway Infrastructure Management Study, the Regional Patrol Yard Network Development Strategy, The Region's salt Management Plan and the Region's winter contract strategy. Scope The proposed scope of work will include a review of Regional Road criteria, update costs for Regional roads and benchmark current costs to other jurisdictions, and review the maintenance management system. CONCLUSION LHV 7 f -LUUS September 1, 2005 Page 5 This report has provided a summary of the work plans that have been developed to complete the service delivery reviews in the four service areas identified as priorities during the June 23, 2005 Council workshop on Organizational Sustainability. Submitted by: Mike Trojan Chief Administrative Officer This report was prepared by Kirk Weaver, Corporate Effectiveness Manager with Appendices developed by appropriate staff from within the respective service areas. CHU l -ZUUS September 1, 2005 Page 7 include duplication of service real or perceived; comparison with other jurisdictions such as the Greater Vancouver Regional District; "one stop shopping co- ordination; explore streamlining; "planning" as an entire function not just Regional Planning Department; combine land use and infrastructure planning; alignment within two -tier system; and a "developer friendly" system. The Work Plan The Review will proceed in seven phases: Phase 1: Confirming the Framework Establishment and meetings of Review and Technical Committees, Discussion of Review, Issues, and other jurisdictions for review. Phase 2: Planning System Research other regional jurisdictions including Greater Vancouver Regional District in terms of enabling legislation, functions, organizational structure, related agencies and partners, and stakeholders. Phase 3: Niagara Planning System Prepare descriptions of the development of the existing Niagara Planning System, including mandates and related areas such as infrastructure, transportation, conservation. This will include the Region local collaboration on Smart Growth Principles, policies, incentives, _comm improvement plans and urban design. Review changes to this system affected by the Planning Act, Provincial Policy Statements, Greenbelt Act, Places to Grow Act, Conservation Authorities Act, etc. Consult the public and have two facilitated workshops with stakeholders from a variety of groups across Niagara, including the development industry and agricultural and environmental groups. Phase 4: Identification of Possible Changes Prepare a discussion paper based on Phases 2 and 3 identifying possible changes. Phase 5: Assessment of Changes Action Item Resources Schedule A) List of background items. developments in W WW Services Staff August 4, 2005 B) List of action steps to complete review Staff August 4, 2005 C) Review past reports on W WW Service delivery and assess recommendations and status to date. Staff /Consultant September 15, 2005 D) Updated Draft Service Delivery Model Report vis -a -vs Expert Panel recommendations Staff /Consultant September 30, 2005 E) Compare existing reports,. findings recommendations to 'Scope of Review' as: proposed June 23, 2005. Council Notes consider Expert Panel recommendations Staff September 30, 2005 F) Undertake review of listed items in Council, Notes outsource consulting services as warranted Staff /Consultant October, 2005 G) Issue Terms of Reference for specific items for consultants Staff October, 2005 H) Assign consulting assignments Staff November, 2005 I) Prepare Draft Report for Committee /Council Staff Early 2006 Appendix B Water Wastewater Services Core Service Sustainability Review CAO 17 -2005 September 1, 2005 Page 9 CAO 17 -2005 September 1, 2005 Page 11 Master Servicing Plan for Biosolids Management (2001) Sept. -2001 Water Wastewater Services Master Plan Update (2003) Niagara Water Protection Strategy (2003) June 2003 Oct. 2003 Aug. 10, 2004 First Biosolids Management Master Plan completed recommending alternative options for processing of Niagara biosolids. Reorganization of the Water Wastewater Services Division -First report on redefining structure and resources and since formation of the Water Wastewater Services Division in 1998. Includes new structure and management positions particularly in Operations section. Notes that 24% of annual expenditures include some form of outsourcing. Combines Water`& Wastewater into one report for first time, includes estimates of linear assets owned by local municipalities, revised capital prograrns, revised reserve level and 'a 10 -yr financial plan. First, Comprehensive Watershed Plan encompassing Water environment and all stakeholders. Precursor to Provincial Source Protection Watershed Based Plan anticipated to be passed as provincial- regulation. Confidential Draft Report on. Water Wastewater. Service Delivery Model in Niagara. For review, and discussion internally. Water Wastewater Services Divisional Reorganization Second and more comprehensive report, particularly addressing Operational staffing and structure. Recommends major structural and middle management resources for Water Wastewater Operations. Includes system -wide SOP's, CMMS and Central Maintenance. Report on Water Wastewater Central Maintenance Facility lease, for accommodating all maintenance staff in one location, central to our Regional service area. B.) J.) LIST C Water Wastewater Services Potential Review Items UHV 1I -LUUt September 1, 2005 Page 13 A.) Recommend on implementation of action resulting from following reports. 1997 Proctor Redfern /Sullivan, Mahoney assess recommendations (and related data and findings) and determine applicability to today's circumstance or update if warranted. 1998 Support Group Report review Best Management Practices listed and assess implementation status and potential further action on BMP's. Review 1999 BMP in water sewer water study report and summarize status and potential for further assessment. Undertake assessment of current Regional Operations and note major related or cooperative service components with local Municipalities. C.) Review Regional Water Wastewater Services and consider further consolidation and elimination of duplication. D.) Develop Best. Management Practices which could be potentially implemented with single tier delivery. E.) Review Water Wastewater support services (Non- Divisional /Non- Departmental) for alternative delivery, efficiency improvements. F.) Review Linear System Operations and rationalizing maintenance. G.) Emergency Response review and reassess roles. H.) Consider more Standard Operating Procedures (SOP's) including local municipal functions. I.) Assess increase in Central Maintenance functions, including some local municipal functions. Undertake review of all W &WW Services and Regional support services by external consultant team and assess pros cons of current structure versus single tier delivery. K.) Recommend (map) steps to implement Provincial Expert Panel single delivery model in Niagara. L.) Recommend structural and Best Practice service delivery under existing and single tier scenario. LIST (A) List of Developments in Regional Transportation Service Delivery LIST (B) CHU 1/-2005 September 1, 2005 Page 15 Date 2000 2002 2003 2004 2005 Item Last road transfer plan and conditions of transfer Roadway Infrastructure Management Study that reviewed and updated Regional road criteria, R -O -W, arterial goad needs for. next 20. years to name a few. Region's first area maintenance contract (multi -year) for winter control awarded. This contract is a major component :;to, the Region's new winter contract strategy.. Regional.:: •.Patrol Yard Network Development Strategy. This .document provided the rationalization review of the current patrol yard network which reduced from 6 to 4 the number_ of yards. It also sought input from all area municipalities on potential joint uses for the reduced number of yards which was a basis for planned improvements and needed upgrades (only two municipalities indicated any interest and that was limited to storing equipment and acquiring winter protocols. .Region's Salt Management Study and Approved Plan. This plan which was approved by Council reflects the direction and outcome of Environment Canada's designation of "Road Salt" as hazardous to the environment. All jurisdictions in Canada are required to have Salt Management Plans in place by 2005. The Region has been at forefront in this endeavour. The Region's knowledge base has been provided to area municipalities to assist in the preparation of their own individual plans. Transportation Services List of Potential Review Items VNIJ 1 LOUD September 1, 2005 Page 17 Item (A) (B) (C) (D) (E) Recommendation /Action Revisit and update Regional Road criteria. Provide updated costs for Regional roads by area municipality and provide comparative revenues recovered through mill rates (partially done). Revisit and update "operational efficiencies" and rationalization of winter maintenance. This could include pros and cons of providing individual maintenance activities in house, contracting out, shared services. It would also address service delivery levels. Review and provide current comparison on "best practices and benchmarking on cost/lane km. Review Maintenance Management System, its limitations and rational for any changes (Note this was done 3 years ago but funding was one of several issues that resulted in providing an interim —which fails to address the many critical needs of today's transportation operational needs of reporting mechanism. The City of Niagara Falls I Canada Corporate Services Department CD- 2006 -11 Clerk's Division 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: (905) 356 -7521 Fax: (905) 356 -7404 E -mail: diorfida @city.niagarafalls.on.ca His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: November 21, 2005 Dean Iorfida City Clerk Re: CD- 2005 -11 2006 Council Schedule RECOMMENDATION: That Council pass the by -law appearing on tonight's agenda adopting the attached schedule for 2006. BACKGROUND: Rule 2 of the Standing Rules of Council (By -law 89 -155) state that" ...meetings of the Council shall be held in accordance" with a Schedule that forms part of the by -law. As a result, on an annual basis, a new schedule is put forward for Council's consideration for the upcoming calendar year. In 2005, staff implemented an internal process so that Council packages would be available to Council members approximately a week in advance. The system seems to have worked and it is the writer's understanding that Council is pleased with receiving their agendas earlier. Previously, agendas were prepared the Friday before the Monday Council meeting. This meant that Council had less time to read and research the agenda and Clerk's staff were under greater time constraints to get the agendas out. Often, Clerk's staff had to work overtime for the agendas to be completed. The new schedule allows some flexibility. If there are technical or printing problems on the Monday, we can send out the agendas on Tuesday, not incur overtime and still get the agendas to the Council members well in advance of the Council meeting. The new production schedule works because of the bi- weekly Council schedule. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development November 21, 2005 2 CD- 2005 -11 Once again, staff has proposed a bi- weekly schedule with some anomalies for holidays and conferences. Although, there has been some consternation over the length of meetings, a study of the adjournment times in 2005 indicates that the average Council meeting ran until about 10:15 p.m. Only one Council meeting went past 11:00 p.m. in 2005 (September 19` which included the Millennium Trail debate).; therefore, it is staff's contention that the bi- weekly schedule has worked. In 2005, there were 23 meetings scheduled. One meeting, July 11 was cancelled. Two special meetings occurred (May 19 and Oct. 14` There are 21 meetings scheduled for 2006; however, staff is looking at budget related meetings in early January that will up the totals. (As a side note, Ed Lustig from the People Mover Project referred to coming back to Council on February 27 I have advised Ed that there will likely not be a meeting that Monday. He had no problem with that and feels that unresolved People Mover matters could be dealt with prior to that date.) Recommended by: Dean Ior da City Clerk Approved by: T. Ravenda Executive Director of Corporate Services Respectfully submitted: John MacDonald Chief Administrative Officer January 2006 Saturday IZ N f Aepuj £I OZ N J Q 1 Thursday ZI 61 9Z W U Cn Wednesday i I 81 SZ Aepsenl M 01 LI fiZ 1£ Monday 9 O (7:00 PM) Possible Council Budget Meeting Council Chambers) 16 O (7:00 PM) Possible Council Budget Meeting Council Chambers) 23 O (7:00 PM) Council Meeting (Chambers) OE Sunday .-1 O0 1 ZZ 6Z 0 0 0 0 0 0 0 February 2006 Saturday I ii 81 Aepii j M 0I LI Thursday N 41 9I Wednesday 00 SI j7I Monday 6 O (7:00 PM) Council Meeting (Chambers) £I kn ZI 0. a a 0 0 Saturday :r II 8I SZ Hounoo appayog 17Z 1 EZ ZZ 6Z 7 I 8Z 20 O (7:00 PM) Council Meeting (Chambers) LZ 6I 9Z N O� �n d' N June 2006 Saturday M OI LI Aepuj N Oh 91 Thursday ,--i 00 SI 171 28 £1 i Monday 12 0 (7:00 PM) Council Meeting (Chambers) d' I1 a 0 0 00 SI £i LZ Z1 II 10 0 (7:00 PM) Council Meeting (Chambers) LI 17 N Q� 91 £Z 30 Schedule Council August 2006 Saturday v� ZI 61 9Z Aepuj d II 81 SZ Thursday M 01 LI 17Z Wednesday N 01 16 0 (8:30 AM) A.M.O. Westin Ottawa Hotel Ottawa Congress Centre. Ottawa) £Z Tuesday 15 0 (8:30 AM) A.M.O. Westin Ottawa Hotel Ottawa Congress Centre. Ottawa) ZZ 7 (8:30 AM) Civic Holiday 14 O (8:30 AM) A.M.O. Westin Ottawa Hotel Ottawa Congress Centre. Ottawa) 21 O (7:00 PM) Council Meeting (Chambers) Sunday 13 O (8:30 AM) A.M.O. Westin Ottawa Hotel Ottawa Congress Centre. Ottawa) OZ September 2006 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 6 7 8 9 0 (8:30 AM) Labour Day 10 11 12 13 14 15 16 0 (7:00 PM) Council Meeting (Chambers) 17 18 19 20 21 22 23 24 25 26 27 28 29 30 O (7:00 PM) Council Meeting (Chambers) Schedule Council 1 October 2006 Saturday t7I I 8Z Friday £I OZ LZ Thursday Z1 61 9Z Wednesday d' II 81 SZ Tuesday 01 L 1 17Z I£ Monday N 9 0 (8:30 AM) Thanksgiving Day 16 0 (7:00 PM) Council Meeting (Chambers) £Z 30 0 (7:00 PM) Council Meeting (Chambers) i(epuns .-1 00 SI ZZ 6Z November 2006 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 (10:00 AM) Election Day 19 20 21 22 23 24 25 O (7:00 PM) Council Meeting (Chambers) 26 27 28 29 30 Schedule Council December 2006 Saturday N 0\ 91 £Z 0£ Friday 00 SI ZZ 6Z fii I 8Z O £i OZ LZ Tuesday Z1 61 9Z 4 0 (7:00 PM) Inaugural Council Meeting (2006- 2009 Term) (t.b.d) 11 (7:00 PM) Council Meeting (Chambers) 81 SZ M OI LI jZ I£ 2 a OD 0 0 The City of Niagara Falls I Canacic His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: BACKGROUND: Corporate Services Department F-2005-54 Finance Division Kenneth E. Burden 4310 Queen Street Director P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: (905) 356 -7521 Fax: (905) 356 -2016 E -mail: kburden @city.niagarafalls.on.ca November 21, 2005 Re: F- 2005 -54 Federal Gas Tax Revenue That the City Council authorize the Mayor and City Clerk to execute the agreement for the receipt of the Federal Gas Tax Revenue. On June 17, 2005, Canada, Ontario, the Association of Municipalities of Ontario (AMO) and the City of Toronto signed a groundbreaking agreement under the Government of Canada's New Deal for Cities and Communities that flows federal gas tax revenue. As part of its New Deal for Cities and Communities, the Government of Canada is investing $1.87 billion in gas tax funding over five years for the benefit of Ontarians in cities and communities, large and small. Funding for all Ontario municipalities will reach $746.2 million by year 5. These investments in environmentally sustainable municipal infrastructure will contribute to Canada's environmental objectives reduced greenhouse gas emissions, cleaner air and cleaner water. Environmentally sustainable municipal infrastructure projects within the following categories are eligible: public transit, water, wastewater, solid waste, local roads, bridges and tunnels, including active transportation infrastructure (e.g. bike lanes), capacity building and community energy systems (e.g. retrofit municipal buildings and infrastructure). Municipalities can undertake more than one category for investment. Municipalities can invest in projects within the parameters of the Agreement including measurable outcomes in terms of cleaner air, cleaner water and reduced GHG emissions. Municipalities must also clearly demonstrate that the funding used for a project is incremental. As we all know, there is a significant infrastructure deficit the goal of the GTF Agreement is to address this deficit. Canada and Ontario have agreed not to reduce other infrastructure funding sources and municipalities are agreeing not to displace current capital investment or use the revenue to reduce municipal taxes. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development November 21, 2005 2 F- 2005 -54 There are a number of requirements both now and over the life of the Agreement. The first requirement is a signed Municipal Funding Agreement (MFA) with AMO with the by -law authorizing the corporation to enter into the MFA with AMO. Municipalities are annually required to submit to AMO an expenditure report and audit statement accounting for the receipt and expenditure of the funds. Over the life of the Agreement, municipalities will have to demonstrate through an Outcomes Report the progress towards clean air, clean water, reduced GHG emissions achieved through the investments in environmentally sustainable municipal infrastructure. Payment for 2005 will be made as soon as there is a fully executed MFA including related schedules. In subsequent years, municipalities will receive two payments annually. As soon as AMO receives both copies of the executed Municipal Funding Agreement and the municipal by -law authorizing the signatures, the money will be sent out. Recommended by: Respectfully submitted: 0 -6e-6,,(„ K. E. Burden Director of Finance Approved by: T. Ravenda Executive Director of Corporate Services 4 1John MacDonald Chief Administrative Officer The City of Niagara Falls I Canada Corporate Services Department PD- 2005 -94 Planning Development Doug Darbyson 4310 Queen Street Director P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: (905) 356 -7521 Fax: (905) 356 -2354 E -mail: planning @city.niagarafalls.on.ca His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: November 21, 2005 Re: PD- 2005 -94, Matters Arising from the Municipal Heritage Committee Meeting RECOMMENDATION: It is recommended that Council not approve a designated property grant application for repair work to the chimney of 6151 Culp Street as outlined in this report. BACKGROUND: The Municipal Heritage Committee held its regular meeting on October 26, 2005. The following matter requires Council's consideration. Designated Property Grant 6151 Culp Street An application for a grant to repair the chimney at 6151 Culp Street has been received from the owner, Gaylanne Boulter. The repairs would involve removal of loose mortar from parts of the chimney and repointing. The application was given considerable review at the Committee meetings held on July 27, 2005, August 24, 2005 and October 26, 2005. The City's Designated Property Grant Guidelines specifically state, "conservation of existing architectural elements which are significant" and continue further that "short term maintenance is not eligible The chimney is not referenced in the designating by -law and is not a significant feature of the house. The repointing is considered a maintenance matter and minor in nature. Therefore, in accordance with the Designated Property Grant Guidelines, the chimney repair is not an eligible project. The Committee passed the following motion: "THAT the Committee not support the designated property grant application for work to the chimney and that staff contact Gaylanne Boulter, owner of 6151 Culp Street, to explain the decision and that a report will proceed to Council." Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development November 21, 2005 2 PD- 2005 -94 CONCLUSION: The Committee recommends that Council not approve the grant application for the reasons stated above. The Committee is seeking the concurrence of City Council on this matter. The applicant may be in attendance at the Council meeting. Pr ared by: Peggy Boyle Assistant Planner Recommended by: r Doug Darbyson Director of Planning Development PB:gd S:\PDR\2005\PD2005 -94, Matters Arising from MHC.wpd Approved by: JOAiloa, T. Ravenda Executive Director of Corporate Services Respectfully submitted: John MacDonald Chief Administrative Officer The City of Niagara Falls I Canaig Community Services Department MW- 2005 -131 Municipal Works Ed Dujlovic 4310 Queen Street Director P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: (905) 356 -7521 Fax: (905) 356 -2354 E -mail: edujlovi @city.niagarafalls.on.ca His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario November 21, 2005 Members: Re: MW- 2005 -131 Parkside Road Extension Through Hydro Corridor Garner Neighbourhood RECOMMENDATION: It is recommended that the City proceed with negotiations for the acquisition of the property required for the extension of Parkside Road from Hydro One and further that all costs associated with the purchase be funded from the Development Charges Reserve Fund. BACKGROUND: The Garner Neighbourhood has experienced rapid growth over the past five years and Plans of Subdivision have been registered on virtually all lands south of the hydro corridor. Municipal Works and Planning staff have been working with Hydro One in an effort to coordinate the extension of two collector roadways and full municipal services through the corridor, one at the limit of Saint Michael Avenue and the other at Parkside Road. In anticipation of further development to the north, staff is seeking authorization to commence negotiations with Hydro One and prepare the necessary documentation for such purposes. The City's Development Charges Background Study identified the need to extend the road and related services and as such has incorporated these costs in the development charge calculation. Therefore all costs, including those for land acquisition can be 100% funded from the Development Charge Reserve Fund. While it is expected that the actual services will not be constructed until needed by the developer it is important to acquire ownership of the land now so that approvals, construction contracts and access issues do not create delays. Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Building By -Law Services November 21, 2005 The final details regarding the acquisition costs will be brought forward for Council's consideration once an agreement has been negotiated by staff. Attached to this report is a plan showing the location of the subject lands. Prepared by: 4 —q/(c<V--- Geoff Holman Manager of Development Ed Dujlovic, P.Eng. Director of Municipal Works 2 MW 2005 131 Respectfully submitted: <i John MacDonald Chief Administrative Officer Niagara Falls The City of Canada Members: RECOMMENDATION: Community Services Department MW- 2005 -133 Municipal Works Ed Dujlovic 4310 Queen Street Director P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: (905) 356 -7521 Fax: (905) 356 -2354 E -mail: edujlovi @city. niagarafalls.on.ca Alderman Selina Volpatti, Chair and Members of the Community Services Committee City of Niagara Falls, Ontario November 21, 2005 Re: MW 2005 133 Union Marsh Drain Project It is recommended that the City extend the time limit for the consultant to file his Final Report to January 31, 2006 for Council's consideration and to have staff prepare a report on the impact that it may have on the residents in the effected area as well as what has been done in the past drainage projects. BACKGROUND: Council has previously given authorization to appoint John Kurtze, P. Eng. of K Smart Associates in Kitchener, Ontario as the Drainage Engineer for this project and enter into a Consulting Services Agreement. Due to unforeseen circumstances that involve satisfying various landowners and agency concerns, the established time limitations could not be met. The requested time extension will provide an opportunity to effectively deal with all concerns in the Final Report which will be filed for Council consideration. It is anticipated that this project will proceed to construction in 2006 once the appeal process is completed as set out in the Drainage Act. Funding for this project will be included in the 2006 Capital Works Budget. Council's concurrence with the above recommendation would be appreciated. Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Building By -Law Services November 21, 2005 Prepared by: I( Rick Volpini, Drainage Superint Approved by: Ed Dujlovic Director of Municipal Works S:\REPORTS\2005 Reports\MW- 2005- 133.wpd 2 MW- 2005 -133 Respectfully submitted: John MacDonald llyY Chief Administrative Officer The City of Niagara Falis I Canada Members: His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario RECOMMENDATION: BACKGROUND: Community Services Department MW- 2005 -134 Municipal Works Ed Dujlovic 4310 Queen Street Director P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: (905) 356 -7521 Fax: (905) 356 -2354 E -mail: edujlovi @city.niagarafalls.on.ca November 21, 2005 Re: MW- 2005 -134 Tender T13 -2005- Roof Replacement Old Armoury 5049 Victoria Avenue (Masonry Work) and Coronation Centre 5925 Summer Street It is recommended that the unit price of $148,730.00 submitted by the low tenderer, Flynn Canada, be accepted and that an agreement be entered into with the successful bidder. The Tender Opening Committee, in the presence of the City Clerk and Mr. Ray Miller, opened tenders on Thursday, October 20, 2005 at 1:30 p.m. for the above noted contract Three(3) tender bids were received. Listed below is a summary of the totaled tendered prices, including GST, received from the Three (3) Contractors. 1. Flynn Canada Stoney Creek $148,730.00 2. Triumph Canada Toronto $185,515.53 3. E -D Roofing Limited Mississauga $204,212.71 The lowest tender was received from Flynn Canada, in the amount of $148,730.00 broken down as follows; Armoury Roof ($101,436.00), Masonry Work ($29,318.00) and Coronation Centre Roof ($17,976.00). This Contractor has previously performed similar type projects for the City. We are therefore, of the opinion, that this Contractor is capable of successfully undertaking this project. Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Building By -Law Services November 21, 2005 2 MW- 2005 -134 It should be noted that the Municipal Heritage Committee concurs with the completion of masonry restorations. As Council may recall during the discussions regarding the purchase of the Armoury there were questions raised regarding the need to carry out roof repairs. It was indicated that the roof was in a sound state of repair and could last another 10 to 20 years with only minor maintenance as opposed to the consultants recommendation that immediate replacement was necessary. Two weeks after taking ownership of the Amoury there was a leak in the roof which has resulted in damage to the interior of the building. Prepared by: Project Costs: Awarded Contract (Including G.S.T.) $148,730.00 TOTAL $148,730.00 Account 12 -3- 38000 030000 Building Project 1. Dominic Minervini Facilities Supervisor Approved by: Ed Duj lovic Director of Municipal Works S:\REPORTS\2005 Reports\MW- 2005- 134- T- 13- 2005.wpd Respectfully submitted: John MacDonald Chief Administrative Officer The City of Niagara Falls Canaig Tel: Fax: E -mail: His Worship Mayor Ted Salci and Members of Municipal Council City of Niagara Falls, Ontario RECOMMENDATIONS: It is recommended that: BACKGROUND: Community Services Department Municipal Works Traffic Parking Services 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.niagarafalls.ca (905) 356 -7521 (905) 353 -0651 kdren @niagarafa I Is.ca November 21, 2005 Members: Re: MW- 2005 -138 Contract for the Supply and Apply of Sand/Salt in City Parking Lots Three (3) year term (T2005 -14) MW- 2005 -138 Ed Dujlovic, P. Eng. Director of Municipal Works 1) Ken Warden Construction be awarded the contract for the supply of services for Sanding and Salting in Groups A through F Parking lots; and, 2) that Ken Warden Construction enter into an agreement with the City of Niagara Falls for Supplying and Applying of Sand/Salt in City Parking Lots for a 3 -year term, from 2005 2008 in accordance with Contract T2005 -14. The Tender Opening Committee, opened tenders on Thursday, November 3, 2005 for the above noted contract. The contract is for a three -year period covering the winter seasons of 2005 -2006, 2006 -2007 and 2007 -2008. The City has identified in this contract that the successful applicant supply their own sand/salt mix in a 5% salt/sand ratio as identified in the City of Niagara Falls Salt Management Plan. Supply and Apply Sanding Salting of Lots: Six (6) bids were received for sanding and salting operations for groups A through F parking lots. Following discussions, it was determined that one (1) bid (Sacco Construction) did not include the supply of sand/salt as required in the Tender, therefore, it is not included below. All of the bids were submitted by local firms. Costs to sand salt all lots on an as needed basis, Contractor Group A Group B Traffic Arenas Ken Warden 2005 -2006: 2006 -2007: 2007 -2008: 904.69 471.66 904.69 471.66 904.69 471.66 Group C Bldg. Services 406.60 406.60 406.60 Group D Fire Services $109.78 $109.78 $109.78 Group E Library $44.73 $44.73 $44.73 Group F MacBain Centre $142.31 $14231 $142.31 November 21, 2005 -2- MW- 2005 -138 The Greenfield Group 2005 -2006: $2,113.25 984.40 620.60 $187.25 $107.00 $321.00 2006 -2007: $2,113.25 984.40 620.60 $187.25 $107.00 $321.00 2007 -2008: $2,113.25 984.40 620.60 $187.25 $107.00 $321.00 Montgomery Brothers 2005 -2006 $2,412.85 $1,000.45 963.00 $545.70 $187.25 $492.20 2006 -2007 $2,865.46 $1,182.35 $1,152.39 $652.70 $224.70 $425.86 2007 -2008 $3,381.20 $1,358.90 $1,379.23 $775.75 $267.50 $492.20 Provincial Landscaping 2005 -2006 n/a n/a n/a $508.25 $160.50 $214.00 2006 -2007 n/a n/a n/a $588.50 $187.25 $267.50 2007 -2008 n/a n/a n/a $668.75 $214.00 $321.00 Stevensville Lawn Service 2005 -2006 n/a n/a n/a n/a n/a $722.25 2006 -2007 n/a n/a n/a n/a n/a $765.05 2007 -2008 n/a n/a n/a n/a n/a $809.99 Sanding and salting is performed on an "as needed" basis. This service is performed approximately twelve (12) times per season. Annual Estimated Costs for Sanding Salting: Based on the rates received and the estimated number of times that sanding /salting operations will be required, the bid, submitted by Ken Warden Construction for Groups A through F parking lots, is the low bid. Ken Warden has previously carried out sanding /salting operations for the City of Niagara Falls. The total estimated contract value for each sanding /salting season based on twelve (12) times per season is $24,957.00 including taxes. Therefore, based on the tendered rates staff is recommending that the tenders be awarded to the low bidders. Committee's concurrence with the recommendations made in this report would be greatly appreciated. Prepared by: en, C.E.T. John MacDonald affic Parking Services Manager Recommended by: Ed Dujlovi P. Eng. Director of Municipal Works s.wheeler Respectfully submitted: S: \TPS \TPS 1.00 Administration \TPS 1.06 Reports\2005 Council \November 21\MW- 2005 -138 Sanding Salting Reporl.wpd Chief Administrative Officer The City of Niagara Falls Canada His Worship Mayor Ted Salci and Members of Municipal Council City of Niagara Falls, Ontario RECOMMENDATIONS: It is recommended that: BACKGROUND: Snowplowing of Lots: Community Services Department Municipal Works Traffic Parking Services 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.niagarafalls.ca Tel: (905) 356 -7521 Fax: (905) 353 -0651 E -mail: kdren @niagarafalls.ca November 21, 2005 Members: Re: MW- 2005 -139 Contract T2005 -15A for the SnowPlowing, Piling and Hauling of Snow City Parking Lots Three (3) year term MW- 2005 -139 Ed Dujlovic, P. Eng. Director of Municipal Works 1) Dominion Paving be awarded the contract for the supply of services for snowplowing of parking lots designated in Area 1; 2) The Greenfield Group be awarded the contract for the supply of services for snowplowing of parking lots designated in Area 2; 3) Ken Warden Construction be awarded the contract for the supply of services for snowplowing of parking lots designated in Area 3; 4) that the successful bidders enter into an agreement with the City of Niagara Falls for the snow plowing of municipal parking lots and hauling when required for a 3 -year term, from 2005 -2008 in accordance with Contract T2005 -15 -A. The Tender Opening Committee, opened tenders on Thursday, November 10, 2005 for the above noted contract. Each contract is for a three -year period covering the winter seasons of 2005 -2006, 2006 -2007 and 2007 -2008. Three (3) bids were received for snowplowing of lots for Area 1, five (5) bids for Area 2 and five(5) bids were received for Area 3. All of the bids were submitted by local firms. November 21, 2005 Shown below is a summary of the tendered rates for the parking lots in each of the designated areas. Also included is the hourly rate for hauling and piling snow. Snowplowing of Lots and hourly hauling rate: Area #1 Groups A, C E Contractor 2005 -2006: hourly 2006 -2007: hourly 2007 -2008: hourly Area #2 Contractor 2005 -2006: hourly 2006 -2007: hourly 2007 -2008: hourly Contractor 2005 -2006: hourly 2006 -2007: hourly 2007 -2008: hourly Area #3 Contractor 2005 -2006: hourly 2006 -2007: hourly 2007 -2008: hourly Contractor 2005 -2006: hourly 2006 -2007: hourly 2007 -2008: hourly Dominion Paving Montgomery Bros. $1,415.00 197.95 $1,485.75 207.85 $1,560.10 218.20 Groups A, B, C Sacco Constr. $1,203.75 160.50 $1,353.55 165.85 $1,449.85 171.20 Groups A, B, C, D, F Ken Warden 697.64 159.43 697.54 165.85 697.64 171.20 Stevensville* 668.75* 219.35 708.34 232.19 749.00* 246.10 $1,904.60 228.98 $2,182.80 263.32 $2,436.39 295.32 Greenfield Group Halfway Sandpit $1,246.80 $1,027.20 90.95 299.60 $1,246.55 $1,112.80 90.95 321.00 $1,246.55 $1,198.40 90.95 342.40 Montgomery Bros. $1,726.98 228.98 $1,977.36 263.32 $2,194.67 295.32 -2- MW- 2005 -139 Sacco Constr. $3,424.00 160.50 $3,595.20 165.85 $3,766.40 171.20 Ken Warden Montgomery Bros. Stevensville $1,126.71 159.43 $1,126.71 165.85 $1,126.71 171.20 Prov. Lndscp $2,670.00 no bid $2,937.00 no bid $3,210.00 no bid Halfway Sandpit Stevensville no bid no bid 299.60 219.35 no bid no bid 321.00 232.19 no bid no bid 342.40 246.10 $2,081.15 228.98 $2,374.33 263.32 $2,638.62 295.32 no bid 219.35 no bid 232.19 no bid 246.10 Sacco Constr. Sommerville $1,177.00 904.15 160.50 85.60 $1,273.30 989.66 165.85 85.60 $1,364.25 989.66 171.20 90.95 Note: Bid placed only on Group F MacBain Community Centre only. November 21, 2005 -3- MW- 2005 -139 It is estimated that the contractors will be required to plow the lots 25 times this winter season. Also, the predicted snow hauling for each area is as follows; Area 1- 10 times, Area 2 5 times and Area 3 2 times. Each snow hauling period is estimated to consist of a 10 hour duration. Given the aforementioned predictions the total snow plowing, snow hauling costs are as follows: Annual Estimated Costs for Snow Plowing: Area #1 Area 2 Area #3 Group A, C E Group A, B, Group A, B, C, D, F 2005 -2006: 35,375.00 31,163.75 17,441.00 hauling 19,795.00 4,547.60 3,188.60 2006 -2007: 37,143.75 31,163.75 17,441.00 hauling 20,785.00 4,547.50 3,317.00 2007 -2008: 39,002.50 31,163.75 17,441.00 hauling 21,820.00 4,547.50 3,424.00 Based on the rates received and the estimated number of times that snow plowing /snow hauling and piling operations will be required, the bid submitted by Dominion Paving for Area 1, the bid submitted by The Greenfield Group for Area 2 and Ken Warden Construction for Area 3 are low bids. All three contractors have previously carried out snow plowing operations for the City of Niagara Falls. The total contract value for the 2005 -2008 seasons is estimated to be $343,307.60 including taxes. Therefore, based on the tendered rates staff is recommending that the tenders be awarded to the low bidders. Committee's concurrence with the recommendations made in this report would be greatly appreciated. Prepared by: Respe tfully submitted: Traffic Parking Services Manager Recommended by: Ed Dujlrlvic, P. Eng. Director of Municipal Works Dren, C.E.T. John MacDonald Chief Administrative Officer s.wheeler S: \TPS \TPS 1.00 Administration \TPS 1.06 Reports\2005 Council\November 21 \MW- 2005 -139 Snow Plowing Report.wpd Niagara Falls I The City of Canad His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: That Council approve negotiating and entering into an agreement with Firefit of Canada Ltd., and any other ancillary agreements, to host the 2006 Firefit Championships in Niagara Falls on September 14 to 17, 2006. BACKGROUND: Fire Services has previously provided Council with information on the 2006 Firefit Championships and has received tremendous support from all City divisions during past competitions. Firefit is the company that runs the competitions in Canada. The agreement with Firefit has been forwarded for our consideration and execution and our Legal Division will facilitate acceptable agreement terms. Lee Smith Assistant Chief Recommended by: Patrick Burke Fire Chief Community Services Department FS-2005-08 Fire Services 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: (905) 356 -7521 Fax: (905) 356 -6236 E -mail: pburke @city.niagarafalls.on.ca November 21, 2005 Re: FS- 2005 -08 Combat Challenge Agreement Respectfully submitted: John MacDonald Chief Administrative Officer Patrick Burke Fire Chief Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Building By -Law Services By -law No. 2005 -75 A by -law to dedicate Blocks 114 and 115 on Registered Plan 59M -324 as public highways, to be known as and to form part of Shannon Drive and St. Michael Avenue, respectively. WHEREAS Section 31 of the Municipal Act, 2001 provides, in part, that a municipality may pass a by -law to establish a highway; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That Blocks 114 and 115, Registered Plan 59M -324, in the City of Niagara Falls, in the Regional Municipality of Niagara, be established for public highway purposes. 2. That said Block 114 on Registered Plan 59M -324 that is hereby established as a public highway, be known as and form part of Shannon Drive. 3. That said Block 115 on Registered Plan 59M -324 that is hereby established as a public highway, be known as and form part of St. Michael Avenue. Passed this twenty -first day of November, 2005. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: November 21, 2005. November 21, 2005. November 21, 2005. CITY OF NIAGARA FALLS A by -law to establish Block 103 on Registered Plan 59M -338 as a public highway, to be known as and to form part of Garner Road. WHEREAS Section 31 of the Municipal Act, 2001 provides, in part, that a municipality may pass a by -law to establish a highway; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That Block 103, Registered Plan 59M -338, in the City of Niagara Falls, in the Regional Municipality of Niagara, be established for public highway purposes. 2. That said Block 103 on Registered Plan 59M -338 that is hereby established as a public highway, be known as and form part of Gamer Road. Passed this twenty -first day of November, 2005. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: November 21, 2005. November 21, 2005. November 21, 2005. CITY OF NIAGARA FALLS By -law No. 2005 A by -law to authorize the execution of a Commercial Land Lease with Ontario Realty Corporation and Her Majesty The Queen respecting the lease of lands known as Municipal Parking Lot #18 located at the corner of Victoria Avenue and Kitchener Street, Niagara Falls. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. A Commercial Land Lease dated the 10` day of May, 2005, and made between Ontario Realty Corporation, acting as agent on behalf of Her Majesty The Queen in Right of Ontario as Represented by the Chair of the Management Board of Cabinet and Her Majesty The Queen in right of Ontario as represented by the Minister of Transportation for the Province of Ontario as Landlord and The Corporation of the City of Niagara Falls as Tenant, respecting the lease of lands known as Municipal Parking Lot #18 located at the corner of Victoria Avenue and Kitchener Street, Niagara Falls, subject to the terms and conditions as set out in the Commercial Land Lease and an excerpt of the first page attached hereto as Schedule "A is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the said Commercial Land Lease. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said Commercial Land Lease. Passed this twenty -first clay of November, 2005. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: November 21, 2005 November 21, 2005 November 21, 2005 CITY OF NIAGARA FALLS By -law No. 2005 Property No.: P61648 Rental Agreement No.: A76367 File No.: T -08930 BETWEEN: AND AND: ARTICLE I LEASE SUMMARY 1.01 Lease Summary (g) SCHEDULE" COMMERCIAL LAND LEASE THIS LEASE is made in triplicate as of the 10' day of May, 2005. hereinafter called the "Landlord" Rental Unit No.: A75050 Business Entity: N60805 Division: TRCOM The Corporation of the City of Niagara Falls 4310 Queen Street P. O. Box 1023 Niagara Falls, Ontario L4G 7K1 hereinafter called the "Tenant" (c) Commencement Date: July 1, 2004. (d) Expiry Date: June 30, 2009. (e) Basic Rent: One Dollar ($1.00) per annum. Renewal Option: as further provided in Section 17.01 of this Lease. 1 ONTARIO REALTY CORPORATION, acting as agent on behalf of HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO AS REPRESENTED BY THE CHAIR OF THE MANAGEMENT BOARD OF CABINET HER MAJESTY THE QUEEN in right of Ontario as represented by the Minister of Transportation for the Province of Ontario The following is a summary of some of the basic terms of the Lease, which are elaborated upon in the balance of the Lease. (a) Lands: Those lands comprising an area of 1.44 acres, more or less, having the legal description set out in Schedules "A" and`B" attached hereto. (b) Term: Five (5) Years subject to 6 months cancellation clause by either party at any time. (f) Use of the Lands permitted by this Lease: The construction and operation, for profit, of an above grade parking lot providing parking services to the public; along with the allocation of six (6) parking spaces assigned to the building located at 5433 Victoria Avenue. 0 0 n n By -law No. 2005 A by -law to establish Block 102 on Registered Plan 59M -315 as a public highway, to be known as and to form part of Westport Drive. WHEREAS Section 31 of the Municipal Act, 2001 provides, in part, that a municipality may pass a by -law to establish a highway; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That Block 102, Registered Plan 59M -315, in the City of Niagara Falls, in the Regional Municipality of Niagara, be established for public highway purposes. 2. That said Block 102 on Registered Plan 59M -315 that is hereby established as a public highway, be known as and form part of Westport Drive. Passed this twenty -first day of November, 2005. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: November 21, 2005. November 21, 2005. November 21, 2005. CITY OF NIAGARA FALLS CITY OF NIAGARA FALLS By law No. 2005 A by -law to amend By -law No. 2005 -55, being a by -law to establish regulations for a hotel on the easterly portion of the land and a commercial development exclusive of a hotel or motel on the westerly portion of the land, which amended By -law No. 79 -200. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. By -law No. 2005 -55 is amended as follows: (a) by deleting Schedule 1 and replacing it with Schedule 1 attached; and (b) by deleting clauses (d) and (h) of section 2 and replacing them with the following: "(d) Minimum southerly interior 43 metres side yard depth (h) Minimum landscaped open 25% of the lot area including: space after dedication of any road widenings (i) a 3 metre wide strip, parallel to and along the McLeod Road road allowance, save and except for any driveway entrances (ii) a 4.5 metre wide strip, parallel to and along the Alex Avenue road allowance, save and except for any driveway entrances (iii) a 9 metre wide strip parallel to and along the southerly interior side lot line" (c) by deleting clauses (f) and (g) of section 3 and replacing them with the following: "(f) Maximum floor area 2,343 square metres (g) Minimum landscaped open space after dedication of any road widenings 20% of the lot area; including: (i) a 3 metre wide strip, parallel to and along the McLeod Road road allowance, save and except for any driveway entrance Passed this twenty -first day of November, 2005. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: November 21, 2005 November 21, 2005 November 21, 2005 2 (ii) a 3 metre wide strip, parallel to and along the westerly interior side lot line (iii) a 9 metre wide strip, parallel to and along the rear lot line" SCHEDULE 1 TO BY -LAW No. 2005 Subject Land Amending Zoning By -law No. 79 -200 Description: Part of Block 1, Registered Plan 59M -95, more specifically known as Part 1 according to Reference Plan 59R -4958, in the City of Niagara Falls, in the Regional Muncipality of Niagara Applicant: Carmen Grisafi c/o TAGC Holdings ASSESSMENT 272508000314802 1:NTS AM- 23/2005 ICAGiIS_RequestA2005\ Schedules \ZoningAMVW -23 mapping,apr October 2005 A by -law to provide for the adoption of an amendment to the City of Niagara Falls Official Plan. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS, IN ACCORDANCE WITH THE PLANNING ACT, 1990, AND THE REGIONAL MUNICIPALITY OF NIAGARA ACT, HEREBY ENACT AS FOLLOWS: 1. The attached text and map constituting Amendment No. 63 to the City of Niagara Falls Official Plan is hereby adopted. 2. That the Clerk is hereby authorized and directed to submit the amendment to the Regional Municipality of Niagara for approval. 3. This By -law shall come into force and take effect on the day of final passing thereof. Passed this twenty -first day of November, 2005. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: November 21, 2005 November 21, 2005 November 21, 2005 CITY OF NIAGARA FALLS By -law No. 2005 PART 2 BODY OF THE AMENDMENT All of this part of the document entitled PART 2 Body of the Amendment, consisting of the following text and attached map, constitute Amendment No. 63 to the Official Plan of the City of Niagara Falls. DETAILS OF THE AMENDMENT The Official Plan of the City of Niagara Falls is hereby amended as follows: 1. MAP CHANGE The "Subject land shown on the map attached hereto, entitled "Map 1 to Amendment No. 63, shall be redesignated from Industrial to Tourist Commercial. 2. TEXT CHANGE PART 2, SECTION 4 TOURIST DISTRICTS, is hereby amended by deleting subsection 4.2.7 and replacing it with the following: 4.2.7 Tourist Commercial designation includes three parcels of land, identified on future land use Schedule "A which are located outside the Tourism Districts. These lands are well suited to tourist commercial development of a highway service nature, given their exposure to the Q.E.W. and their accessibility to the travelling public. 4.2.7.1 The site bounded by Lyon's Creek Road, Montrose Road, Reixinger Road and the Q.E.W. will be subject to the following additional policies: (a) Limited prestige industrial uses will also be permitted in this area subject to consideration at a Zoning By -law amendment stage. (b) In order to ensure that the lands are adequately serviced and develop in an orderly fashion, the amending zoning by -law shall include a holding "H" symbol to address the following: (i) The availability of muncipal sanitary sewers, water and completion of a satisfactory stormwater management plan. (ii) The completion of a traffic study approved by the Ministry of Transportation and Regional Public Works. (iii) The preparation of an acceptable tree savings plan for the whole of the areas identified on the completed Environmental Impact Study previously submitted or on any follow -up detailed studies such that the connectivity and ecological function of the wooded area is maintained. S: \OFFICIAL.PLN\AMEND\#63\BODY 63.wpd 2 (iv) The completion of an archaeological study and submission to the Ministry of Culture and Regional Niagara Planning Department. The holding "H" symbol may be removed in whole or in part for each of the above matters independently. Area Affected by this Amendment Proposed Change From: Industrial Proposed Change To: Tourist Commercial MAP 1 TO AMENDMENT NO. 63 SCHEDULE A TO THE OFFICIAL PLAN re:///, 77777777 r TTrT .■.I.1■■■ L.4111/MINIIMMEMEN 1 ��r Y• x,' 01■■■■■ ■I ■I■■■■■■ //WU sry yTitiryIry I■I■■■■■■■■ ■1■■■■■■■■ ■\I.�'r�'�.'rr'rrY .l l,■ I■■■■■■■■I■I■■■■■ Ima..y Ii r r. I ■I■ ■■■■!!.I■1■■■■■■ril 1111111111•••••1121111111••••111r11111•11 MNIMI \��••�I•I11I� ■1■ ■ICI tw;'i+l�' 1111iGii■■ ■■illa� 44 1 1 j 'r�`r 'r�rr 1 1 f r• A■L. YlrY''rA■■■■■■ ■1 j m. ,?J��\ M ■1 j 1 ■■11 /ate MEM :•:•:•••i.:. .i:;:. "r 'h i 1 "L: 1 V A *00. 4 1*.. r `r�'r. 1' v 1 4 f r r'r sr r.:. a" r. w o.r= 1 'i' 'i' P 9 1 I a' ®e r �s "s 1,••••••• j• ••j•� j• j j j j ••.'i' `r d r CITY OF NIAGARA FALLS OFFICIAL PLAN EXCERPT FROM SCHEDULE A FUTURE LAND USE PLAN OPEN SPACE RESIDENTIAL RESORT COMMERCIAL RURAL AGRICULTURAL THEME PARK MARINELAND TOURIST COMMERCIAL INDUSTRIAL LiACA ENVIRONMENTAL PROTECTION AREA EXTRACTIVE INDUSTRIAL GOOD GENERAL AGRICULTURE MAJOR COMMERCIAL MINOR COMMERCIAL NIAGARA ESCARPMENT PLAN AREA PARKWAY RESIDENTIAL NOTE: This schedule forms part of Amendment No.63 to the Official Plan for the City of Niagara Falls and it must be read in conjunction with the written text. KA GIS_ Requesbl2005WchedulesVoNngAtMexinger vmapping.apr s 1:NTS October 2005 CITY OF NIAGARA FALLS By -law No. 2005 A by -law to amend By -law No. 79 -200, to permit the first phase of a resort commercial development. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Sheet B6 of Schedule "A" to By -law No. 79 -200 is amended by redesignating from GI in part and HI in part, to Resort Commercial Establishment RCE (H) and numbered 654, in part, and Environmental Protection Area (EPA) and numbered 655, in part, the land on the southwest corner of Brown Road and Kalar Road, being Part of Township Lot 208, in the former Township of Stamford, now in the City of Niagara Falls, in the Regional Municipality of Niagara and shown hatched and designated RCE (H) and numbered 654, in part, and designated EPA and numbered 655, in part, on the plan Schedule 1, attached to and forming part of this by -law. 2. No person shall use the land described in section 1 of this by -law and shown hatched and designated RCE (H) and numbered 654 on the plan Schedule 1 attached hereto, or erect or use any building or structure thereon for any purpose except for a recreational trailer camp, one multi- purpose building and accessory buildings and structures, and except in compliance with the following regulations: (a) Minimum lot area 7.5 hectares (b) Minimum lot frontage 225 metres (c) Minimum front yard depth 15 metres (d) Minimum rear yard depth 3 metres (e) Minimum exterior side yard depth 15 metres (f) Minimum setback from any EPA zone 9 metres (g) Maximum lot coverage 25% (h) Maximum height of buildings or 10 metres subject to section 4.7 of structures By -law No. 79 -200 (i) Maximum number of trailer camp 195 sites (j) Maximum floor area of the multi- purpose building 500 square metres -2- (k) Maximum floor area of an accessory 200 square metres building and structure (1) Permitted uses within the multi- (i) assembly hall purpose building (ii) day nursery (iii) museum (iv) place of entertainment (v) private club (vi) restaurant (vii) retail store (viii) ancillary offices (ix) recreational uses (m) Minimum landscaped open space (n) Parking and access requirements (o) Loading area requirements 15% of the lot area which shall include a 15 metre wide planting strip along the Brown Road and Kalar Road road allowances, save and except for any driveway entrances in accordance with section 4.19.1 of By -law No. 79 -200 in accordance with section 4.20.1 of By -law No. 79 -200 3. No person shall use the land described in section 1 of this by -law and shown hatched and designated EPA and numbered 655 on the plan Schedule 1 attached hereto, for any purpose, or permit any building or structure to be erected on the land or permit soil, sand, gravel, rubbish or other similar material to be placed or dumped, or remove any soil or regrade any of the land. 4. The holding symbol (H) that appears in section 1 of this by -law and on Schedule 1 attached hereto is provided for in the City of Niagara Falls Official Plan pursuant to section 36 of the Planning Act. No person shall use the land described in section 1 of this by -law and shown hatched and designated RCE (H) and numbered 654 on the plan Schedule 1 attached hereto, for any purpose, prior to the H symbol being removed pursuant to the Planning Act. Prior to the H symbol being removed, such services as set out below shall be available to service the land, building or structure: an adequate storm sewer system in accordance with a storm water management plan which has been accepted by the City and the Niagara Peninsula Conservation Authority and the owner of Thompson's Creek, which system and plan shall conform with the report prepared by Upper Canada Consultants dated August, 2005; an adequate sanitary sewage disposal system connected to the municipal sewage disposal system; and an adequate water supply system connected to the municipal water supply system. 5. For the purposes of this by -law, a "recreational trailer camp" means a parcel of land containing two or more recreational trailer sites, which is used for temporary or seasonal occupancy, not exceeding three months, by recreational trailers, recreational vehicles and tents and may include a separate tenting field, and which is under single management and ownership and includes all accessory buildings and accessory structures. 6. Section 19 of Bylaw No. 79 -200 is amended by adding thereto the following: 19.1.654 19.1.655 First Reading: Second Reading: Third Reading: No person shall use the land on the southwest corner of Brown Road and Kalar Road, designated RCE (1-1) and number 654 on Sheet B6 of Schedule "A or erect or use any building or structure thereon for any purpose except for a recreational trailer camp, one multi purpose building and accessory buildings and structures, and except in compliance with By -law No. 2005- No person shall use the land west of Kalar Road, designated EPA and numbered 655 on Sheet B6 of Schedule "A except in compliance with By- law No. 2005- Passed this twenty -first day of November, 2005. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR November 21, 2005 November 21, 2005 November 21, 2005 SCHEDULE 1 TO BY -LAW No. 2005- Subject Land Amending Zoning By -law No. 79 -200 Description: Part of Township Lot 208, in the former Township of Stamford, now in the City of Niagara Falls, in the Regional Municipality of Niagara. Applicant: Heartland Forest 1:NTS AM- 03/2004 July 2005 THE CORPORATION OF THE CITY OF NIAGARA FALLS BY -LAW Number A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. (Parking Prohibited) The Council of the Corporation of the City of Niagara Falls hereby ENACTS as follows: 1. By -law No. 89 -2000, as amended, is hereby further amended (1) by adding to the specified columns of Schedule C thereto the following items: PARKING PROHIBITED COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 HIGHWAY SIDE BETWEEN TIMES OR DAYS Powell Ave. East Kitchener St. and the north limit At any time Powell Ave. West Kitchener St and the north limit At any time Except by Permit (2) by deleting from the specified columns of Schedule C thereto the following items: COLUMN 1 COLUMN 2 COLUMN 3 HIGHWAY SIDE BETWEEN PARKING PROHIBITED Powell Ave. Both Kitchener St. and Roberts St. At any time This By -law shall come into force when the appropriate signs are installed. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: Passed this day of 2005. COLUMN 4 TIMES OR DAYS By -law No. 2005 The Mayor and Clerk are hereby authorized to execute this Municipal Funding Agreement for the Transfer of Federal Gas Tax Revenues under the New Deal for Cities and Communities between the Association of Municipalities and the Corporation of the City of Niagara Falls as in Schedule "A" attached hereto. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Schedule "A" shall form part of this by -law. Passed this twenty -first day of November, 2005. DEAN IORFIDA, CITY CLERK First Reading: November 21, 2005. Second Reading: November 21, 2005. Third Reading: November 21, 2005. CITY OF NIAGARA FALLS R.T. (TED) SALCI, MAYOR SCHEDULE MUNICIPAL FUNDING AGREEMENT FOR THE TRANSFER OF FEDERAL GAS TAX REVENUES UNDER THE NEW DEAL FOR CITIES AND COMMUNITIES This Agreement made in duplicate as of day of 2005. BETWEEN: The Association of Municipalities of Ontario (referred to herein as "AMO AND: The Corporation of the City of Niagara Falls (referred to herein as the "Recipient WHEREAS Ontario municipalities recognize that all governments must work together collaboratively and in harmony to ensure that investments in communities are strategic, purposeful and forward looking. WHEREAS this Agreement includes the specific provisions on the utilization of the transfer of federal gas tax for environmentally sustainable municipal infrastructure to primarily support environmental sustainability objectives under Canada's New Deal for Cities and Communities. WHEREAS Ontario municipalities agree that open communication with the public will best serve the right of Canadians to transparency, public accountability, and full information about the benefits of New Deal investments in communities. WHEREAS the Recipient wishes to enter into this Agreement in order to participate in the transfer of federal gas tax as part of the New Deal for Cities and Communities. WHEREAS AMO is carrying out the fund administration and coordinating role as is obligated in the Canada- Ontario -AMO -City of Toronto Agreement for the Transfer of Federal Gas Tax Revenues under the New Deal for Cities and Communities to undertake certain activities and requires Recipients to undertake activities as set out in the Agreement. THEREFORE the Parties agree as follows: CITY OF NIAGARA FALLS By -law No. 2005 Being a By -law to amend By -law 89 -155 and adopt a Schedule of Meetings. WHEREAS Rule 2 of the Procedural By -law of the City provides for the adoption of a Schedule of Meetings. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Schedule "A" to By -law No. 89 -155, as amended, is repealed, and the attached Schedule "A" is inserted in lieu thereof. 2. By -law No. 2004 -227 is repealed upon completion of the 2005 Council schedule. Passed this twenty -first day of November, 2005. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: November 21, 2005. November 21, 2005. November 21, 2005. CO C/) c cv a N 1- VD N d Cr) M N 0) TO E y^ rn E CZ“I3 CO am0 o 0 C 0 0 O 00 N N 01 00 s N 00 N VD N d N M O M 2 CITY OF NIAGARA FALLS By -law No. 2005 202 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 21' day of November, 2005. 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 21' day of November, 2005 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. Passed this twenty -first day of November, 2005 DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: November 21, 2005. November 21, 2005. November 21, 2005.