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2006/03/20COUNCIL MEETING Monday, March 20, 2006 Order of Business and Agenda Package PRAYER: Alderman Joyce Morocco COUNCIL MEETING March 20, 2006 O CANADA Heather Miller who attends Westlane High school will sing the National Anthem. ADOPTION OF MINUTES: Due to staff absences, Minutes of March 6, 2006 will be provided for the April 3r meeting of Council. DISCLOSURES OF PECUNIARY INTEREST Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. -AND DEPUTATIONS /PRESENTATIONS Niagara Alcohol and Drug Assessment Service Problem Gambling Program Lisa Root, Manager of the Problem Gambling Program will make a brief presentation to Council about the Campaign for March 2006 Gambling Awareness month and will update Council on the local services available for those affected by gambling problems. Seat Initiative for Twin Pad Members of the Recreation Committee will make a presentation to update Council on the funds being raised for the additional arena seating. 1. Chief Administrative Officer R- 2006 -13 Arena Complex Additional Seats Fundraising Campaign Public Meeting Final Report on Brownfield Community Improvement Plan. Background Material: Recommendation Report: PD- 2006 -21 Public Meeting Recommendation Report, Chippawa West Phase II Draft Plan of Subdivision, Files: 26T -94009 (Revised) 26T -11- 2005 -01 (Revised), Zoning By -law Amendment Application AM- 23/2005, Owner: Queensway Chippawa Properties Inc. Background Material: Recommendation Report: PD- 2006 -24 -AND- Correspondence from Greg Chisholm -2 PLANNING MATTERS RESOLUTION THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the City of Niagara Falls hereby determines in accordance with Section 34(17) of the Planning Act, R.S.O., that the proposed zoning by -law for Application AM- 03/2006 (Canadian Niagara Hotels et al) is not being changed and consideration by Council does not require any further notice. UNFINISHED BUSINESS PD- 2006 -19 Zoning By -law Amendment Application, AM- 03/06, 5685 and 5705 Falls Avenue, 4608 and 4800 Bender Street and 4915 Clifton Hill; Applicants: Canadian Niagara Hotels, Maple Leaf Entertainment Inc., 1032514 Ontario Ltd., 1006092 Ontario Ltd., Modifications to Previously Approved Waterpark and Enclosed Pedestrian Bridge. MAYOR'S REPORTS. ANNOUNCEMENT -3 COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. YMCA of Niagara Special Occasion permit application for a Liquor License. RECOMMENDATION: For the Consideration of Council Additional Items for Council Consideration: The City Clerk will advise of any further items for Council consideration. REPORTS Compliance Audit 1. Chief Administrative Officer CD- 2006 -04, Consideration of Compliance Audit Larry Savage and Wayne Thomson have indicated that they, or their representatives, will be present to speak to the matter. RATIFICATION OF COMMUNITY SERVICES (Alderman Selina Volpatti, Chair) RATIFICATION OF CORPORATE SERVICES (Alderman Wayne Campbell, Chair) RATIFICATION OF "IN CAMERA" ACTIONS 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. F- 2006 -19 Annual Statement of Remuneration and Expenses MW- 2006 -29 Transfer of Pumping Stations, Force Mains and Properties -4- BY -LAWS The City Clerk will advise of any additional by -laws or amendments to the by -laws listed for Council consideration. 2006 -56 A by -law to amend By -law No. 79 -200, to permit the development of a residential plan of subdivision on the west side of Kalar Road, south of Lundy's Lane, east of Garner Road and on the north side of the hydro corridor (AM- 27/2005, Deerfield Estates, River Realty Development (1976) Inc.). 2006 -57 A by -law to establish Parts 2 and 3 on Reference Plan 59R -12876 as a public highway, to be known as and to form part of Grassy Brook Road. 2006 -58 A by -law to establish Parts 6 and 7 on Reference Plan 59R -12876 as a public highway, to be known as and to form part of Grassy Brook Road. 2006 -59 A by -law to designate the Urban Area in the Niagara Falls Official Plan, as amended from time to time, as a Community Improvement Project Area. 2006 -60 A by -law to adopt a Brownfield Community Improvement Plan. 2006 -61 A by -law to amend the description of part of a highway previously closed by By -law No. 2005 -59 of The Corporation of the City of Niagara Falls. 2006 -62 A by -law to amend By -law No. 2005 -85, being a by -law to permit an increased building envelope and height for an enclosed water park and a series of enclosed pedestrian walkways, respectively. 2006 -63 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 20' day of March, 2006. NEW BUSINESS Dean Iorfida City Clerk City of Niagara Falls 4310 Queen St Niagara Falls, Ontario L2E 6X5 February 13, 2006 Dear Mr Irofida, March 2006 Is problem Gambling Awareness month, There will be a variety of activities going on throughout the Region. We wanted to inform council of the campaign as well as to update them on the local services available for those affected by gambling problems. We would be interested in making a brief presentation to council at the March 20 meeting The Speaker will be Lisa Root Manager of the Problem Gambling Program at Niagara Alcohol Drug Assessment Service. If you have any questions please contact me at 905 -357- 2345. Yours truly, Laurie Flasko Niagara Alcohol and Drug Assessment Service Problem Gambling Program Education and Awareness The Problem Gambling Program —905- 357 -2345 NIPR;. FALLS CLERKS '06 02161355 One St. Paul St., Suite 203 St. Catharines, Ontario L2R 7L2 Fax 905- 684 -1551 E -mail: au" cu@sammelsam au" Laurie Flasko 905 357 -2345 (Education Awareness) The City of Niagara Falls( Community Services Department R-2006-13 Parks, Recreation Culture Denyse Morrissey 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 -7404 E -mail: dmorrissey(@niagarafalls.ca Members: His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario RECOMMENDATION: March 20, 2006 Re: R- 2006 -13 Arena Complex Additional Seats Fundraising Campaign That Council accept this information report with respect to the fundraising campaign initiated by volunteer members of the Recreation Committee who were authorized by Council to raise $1.5 million, by March 20, 2006, in order to increase the seating in the new twin pad arena from 2001 to 3000 seats. And that Council provide its approval to finalize the number of seats whether 2001 seats, or an increase to 3000 seats that will be included in this new facility on March 20, 2006 based on the presentation of the Recreation Committee resented this evening. An& 1lno* CL),Anu au noitze r 4he con ,nal\on o[ }tom c &mf&t4n Fv a+ Counu VCi C v, a BACKGROUND: 14 0c4 3 zoos o?prov&l 4 r 2601 sroefs incvcase ,n larjer ;ce surfz cc 01- tine o'w'n Fad k 3000 5ezelS Council, on January 23, 2006, granted the Recreation Committee approval to undertake a fundraising campaign to raise approximately $1.5 million dollars by March 20, 2006, in order to support the costs needed to increase the number of seats in the twin pad arena complex from 2001 seats to 3000 seats. Volunteers from the Recreation Committee will appear before Council on Monday, March 20, 2006 to provide a report regarding their fundraising efforts. Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Building By -Law Services March 20, 2006 2 R- 2006 -13 The Committee's position was based on its belief that increasing the seating from 2,001 to 3,000 seats in the main arena best addressed the objectives of the community, and would provide more opportunities to user groups for recreational ice time and allow these organizations to prosper and grow. Background and General Information which was provided to guide the Committee: A guiding principle of the Arena Complex Project is: "The primary purpose of the arena complex is to serve the community and provide an open and welcoming facility for users to participate in on -ice recreational activities." This approach is well established and is an important recommendation ofthe Arena Facilities Feasibility Study (November 2002) completed by LeisurePlan. An arena complex larger than 3,000 seats will require a longer design and a larger construction schedule. The September 2008 deadline established by Council (November 7, 2005) for opening a new arena complex will not be met. The preferred site was selected based on size and the assumption that the arena complex would include no more than 3,000 seats in the main arena. If a larger arena (i.e. 5,000+ seats) was considered then the requirements for a larger building, increased parking and more expensive support features (i.e. washrooms, concessions) would require significantly more area. The size of the selected site (15 acres) would not be large enough for a larger arena complex and would also not be of sufficient size for future expansion to a four -pad complex. The two -month deadline was established after consultation with the Architect who advised that the design ofthe arena complex cannot proceed until the seating capacity is finalized and that a delay longer than two months will delay the overall project schedule. The Steering Committee felt that reaching a $1.5 million (i.e., the cost to increase seating capacity from 2,001 to 3,000) campaign target in two months would be difficult. However, to raise $4.5 million (i.e., the cost to increase seating capacity from 2,001 to 5,000) was felt to be extremely difficult and unlikely. The potential impact on the arena development schedule is a very important consideration and the Steering Committee would not support an extension of the two months. The LeisurePlan report entitled "Arena Facilities Feasibility Study" (November 2002) involved a comprehensive community consultation process to identify community needs and expectations. That study recommended a 3,000 seat main arena to serve the community. Input from the community at the project Open House (June 8, 2005) supported a seating capacity for the new arena in the order of 3,000 seats. Staff had recommended in response to Council's request to reduce the proposed costs of building the new arena complex that the seating be reduced from 3000 to 2000 to provide a savings with respect to estimated construction costs of this project. March 20, 2006 Recommended by: Avert Denyse Morrissey Director of Parks, Recreation Culture Chief Administrative Officer DM/das S: \Council \Council 2006\R- 2006- 13Arena Seats Campaign.wpd 3 ectfully Submitted: ohn MacDonald R- 2006 -13 The City of Niagara Fall Canada Members: BACKGROUND: Corporate Services Department PD- 2006 -21 Planning Development 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.niagarafalls.ca Tel.: (905) 356 -7521 Fax: (905) 356-2354 E -mail: planning @niagarafalls.ca His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario March 20, 2006 Re: PD- 2006 -21, Final Report on Brownfield Community Improvement Plan RECOMMENDATION: It is recommended that Council: Doug Darbyson Director 1) pass a by -law to designate the Brownfield Community Improvement Project Area as the Urban Area in the Niagara Falls Official Plan, as amended from time to time, and as contained in the Brownfield Community Improvement Plan (February 2006); 2) pass a by -law to adopt the Brownfield Community Improvement Plan, (February 2006) and that the Plan be forwarded to the Ministry of Municipal Affairs and Housing for approval; 3) endorse the Brownfield Redevelopment Strategy which includes a municipal leadership strategy, due diligence procedures and funding requirements for implementation of the Brownfield CIP; and 4) endorse the Pilot Project Area Study for the Elgin Community Planning District. The City has been involved in a two -year process that has culminated with the completion of a Brownfield Community Improvement Plan. The CIP presents the rationale for the redevelopment of brownfields within the urban area of Niagara Falls and provides recommendations that will coordinate and promote brownfield redevelopment. The CIP contains a package of financial incentive programs and a municipal leadership strategy to assist in the redevelopment ofbrownfields. In the spring of 2004, Council hired RCI Consulting, in association Green Scheels Pidgeon (GSP) and Acres International to undertake a Brownfield CIP. The intent of the Community Improvement Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development March 20, 2006 PD- 2006 -21 Plan is to provide the strategies and put in place the programs that will encourage the redevelopment of abandoned, vacant or underutilized industrial or commercial properties where redevelopment is complicated by real or perceived environmental contamination. Purpose The purpose of this report is to provide background on the City's Brownfield Community Improvement Plan and the associated reports prepared by the City's consultants. The consultants will make a presentation of the CIP to Council and the public on March 20, 2006 as part of the mandatory Public Meeting under the Planning Act and the public and stakeholders will be allowed to provide input into the final plan. Brownfield Community Improvement Plan (CIP) The rationale for brownfield redevelopment stems from the City's long history of industrial and manufacturing development that has seen the closure of plants and the abandoning of properties that have known or potential environmental contamination. The CIP provides an opportunity to encourage the remediation and redevelopment of brownfield sites and thus allowing the utilization of existing infrastructure, removal of threats to health and improve the visual appearance of the areas. As part of the CIP process, the consultants prepared a number of Background Reports noted as follows: Community Improvement Background Report Revised Official Plan Policies Environmental Due Diligence Procedure Brownfield Best Practices Pilot Project Area Background Report Pilot Project Areas Environmental Summary These reports, along with an extensive stakeholder and public consultation process that included consultations with key stakeholders, City staff and Council, as well as a public meeting and a public open house, helped formulate the final Community Improvement Plan Following an analysis of physical, economic and environmental conditions, the consultant is recommending the Community Improvement Project Area be divided into three sub -areas (see Appendix A attached) as follows: Area 1 Pilot Project Area (highest priority) Area 2 Other Areas for Community Improvement (second highest priority) Area 3 Rest of the Urban Area (third highest priority) Financial Incentive Programs: The key to the success of the Brownfield CIP will be the implementation of the Financial Incentive Programs There are four programs being recommended and they are as follows: Environmental Study Grant Program the study grant will promote the undertaking of March 20, 2006 3 PD- 2006 -21 environmental studies to determine the type of contamination and potential remediation costs of a brownfield property. This program provides a matching grant of 50% of the cost of an eligible environmental study to a maximum of: a) $12,500 per study b) two studies per property /project c) $20,000 per property /project. Tax Assistance Program the tax assistance program is intended to encourage the remediation and rehabilitation of brownfield sites by providing a freeze of property taxes on a property undergoing remediation. The eligible costs of work under this program are those that reduce the concentration of contaminants to enable a record of site condition (RSC) to be filed. The program will freeze City and Regional taxes on eligible properties for up to five (5) years or the point where total grant payments equal total eligible costs. Rehabilitation Grant Program the rehabilitation grant is to encourage remediation and re -use of brownfield sites by providing grants to help pay for the rehabilitation costs. This program begins when the benefits of the Tax Assistance Program ends. The funding for this program is often referred to as tax increment -based financing. Eligible properties will be those where the rehabilitation results in an increase in assessment value. The grant is equivalent to 80% of the increase in City and Regional property taxes generated by the Brownfield Redevelopment project for the first five (5) years. The grant amount is reduced in subsequent years until year 10 or when the grant payment equals total eligible costs. Brownfields Development Charge Exemption Program A development charge exemption represents a major catalyst for redevelopment by providing an up -front reduction of a charge that is generally paid at the time of issuance of building permit. The Niagara Region promotes brownfield redevelopment and approved a development charge waiver of 75% of the Regional charge and an additional 25% if the redevelopment utilizes Smart Growth principles. The eligibility of regional charge exemption is determined by a Regional Task Force. The Brownfield COP recommends that Council approve a similar exemption to City Development Charges. The City Development Charge Program would allow a reduction ofthe City Development Charge by the amount of environmental remediation costs approved under the Rehabilitation Grant Program. The amount of remediation costs applied against development charges payable would then be deducted from the Rehabilitation Grant to be paid. The implementation of the Brownfields Development Charge Exemption Program will require an amendment to the City's Development Charges By -law. This amendment will be prepared and forwarded to Council in due course. Municipal Leadership Strategy: A Municipal Leadership Strategy will encourage communication with the development and business community and provide support and leadership on brownfield redevelopment projects. This Strategy recommends a program of municipal property acquisition and involvement in projects with the private sector to rehabilitate brownfield sites. The Brownfield CIP recommends that the Municipal Leadership Strategy be funded from an initial budget allocation for three years along with the 20% tax increment that is retained as a result of properties participating in the Brownfields Rehabilitation Grant Program March 20, 2006 Funding Requirements: CONCLUSION: 4 PD- 2006 -21 The Brownfield Redevelopment Strategy Report sets out a recommended budget for implementing the financial incentive programs. The recommendations are as follows: Environmental Study Grant Program $30,000 in Year 1 and $50,000 per year thereafter. Brownfields Municipal Leadership Strategy $150,000 in Year 1, $250,000 in Year 2, and $250,000 in Year 3. Revenues from the 20% of the tax increment retained by the City is recommended to be placed in the Brownfields Municipal Leadership Strategy Account. Marketing Strategy $35,000 in Year 1 and up to $20,000 per year in subsequent years. It is recommended that the funding proposed for the implementation of the financial incentive programs be considered for the City's 2007 Budget. Brownfield Redevelopment Strategy Report/Pilot Project Area Study: In addition to the Brownfield CIP, the consultants will be presenting a Brownfield Redevelopment Strategy Report and Pilot Project Area Study to Council for endorsement. Both of the documents have been provided to Council. The Brownfield Redevelopment Strategy Report outlines a series of actions and programs to promote brownfield redevelopment including the Community Improvement and Environmental Quality Policies of the Official Plan which provide the policy foundation to enable the approval of the Brownfield CIP. These policies were approved by City Council on February 6, 2006. The Brownfield Redevelopment Strategy Report also highlights the financial incentive programs, municipal leadership and marketing recommendations. An important part of the report is the environmental due diligence procedures which incorporate modifications to all planning applications in order to assist the City in identifying potentially contaminated sites and ensuring these sites are made suitable for the proposed use(s). The Elgin Industrial Area contains a number of former industrial sites. The Pilot Project Area Background Report reviewed the development history, land use, planning, servicing and transportation in the area and also contained a modified Phase 1 Environmental Site Assessment of properties in the area. This area is rated as the highest priority for brownfield redevelopment. Based on the information contained in the Pilot Project Area Background Report and input from key stakeholders and City staff, the consulting team developed alternative land use concepts for the area. These land use concepts were presented to the public at an Open House in May of 2005. Based on input received during and after the public Open House, a preferred conceptual land use plan was developed for the area. The Pilot Project Area Study includes this preferred land use concept. The Study also includes a basic economic benefits analysis of development of the area. Finally, the Pilot Project Area Study sets out the key steps to finalize land use planning policies and transportation infrastructure required to promote redevelopment within the area. The Brownfield Community Improvement Plan has been prepared in cooperation with public and stakeholder input, as well as municipal and regional staff. The Plan reflects the most up -to -date March 20, 2006 strategies and programs being utilized forbrownfield redevelopment throughout the Province. While the Brownfield CIP represents an ambitious plan, it will require a high level of commitment by the municipality following approval by the Ministry, and in particular, in terms of funding to administer the programs. Positive results of the Brownfield CIP implementation will take some time, but continued commitment over time is necessary to ensure the success of the redevelopment of Brownfield sites. Prepared by: 6 rF3ob Bolibruck Community Improvement Program (CIP) Coordinator Recommended by: A hfie bawDou Darbyson Director of Planning Development and S ge Felicetti 'rector of Business Development BB:tc Attachment S:\PDR\2006\PD2006 -21, Brownfield CIP2.wpd 5 PD- 2006 -21 A.proved by: I Ravenda Executive Director of Corporate Services Respectfully submitted: W` ohn MacDonald hief Administrative Officer %o Legend reammaaf i X11'40 OVA dr. Arra E ttplarat LTA raw or. ma i IIIsII glFr �■r !fl -who 3 'p II II �App Thattrar APPENDIX A 0 0.5 1 2 Area 1 Pilot Project Area 0 Kilometers 1:70,000 Area 2 General Areas for Community Improvement Area 3 Rest of Urban Area Community Improvement City of Niagara Falls Canada Project Area Boundary City Wide Community Improvement Plan Brownfields Community Improvement Project Area The Car of Niagara s Niagara a Falls Canada His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: It is recommended that: Corporate Services Department Planning Development 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.niagarafalls.ca Tel.: (905) 356 -7521 Fax: (905) 356-2354 E -mail: planning @niagarafalls.ca March 20, 2006 Re: PD- 2006 -24, Recommendation Report Chippawa West Phase II Draft Plan of Subdivision Files: 26T -94009 (Revised) 26T -11- 2005 -01 (Revised) Zoning By -law Amendment Application AM- 32/2005 Owner: Queensway Chippawa Properties Inc. PD- 2006 -24 Doug Darbyson Director 1) the Chippawa West Phase IL Plan of Subdivision be draft approved subject to the conditions in the attached Appendix; 2) the Mayor or designate be authorized to sign the draft plan as "approved" 20 days after notice of Council's decision has been given as required by the Planning Act, provided no appeals of the decision have been lodged; 3) draft approval be given for three years, after which approval will lapse unless an extension is requested by the developer and, subject to review, granted by Council; and 4) the application to amend the Zoning By -law be approved as detailed in this report to provide the necessary land use regulations to guide the development of the subdivision. BACKGROUND: Proposal The applicant proposes to develop a 43.336 hectare (107.082 acre) site for a residential plan of subdivision containing a mix of dwelling types and a total of 626 units. The property is located on the west side of Sodom Road, north side of Willick Road and southeast of Lyon's Parkway and Lyon's Creek Road (see Schedule 1). The north section of the property was granted draft plan approval in 1996 which is proposed to be modified. A new subdivision application has been submitted for the south portion of the site. The applicant wishes to combine the land into one draft plan of subdivision. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development March 20, 2006 Schedule 2 illustrates the revised subdivision layout. The street pattern provides connections to Sodom Road and Willick Road with emergency access from Lyon's Parkway. The overall subdivision proposes 239 lots for single- detached dwellings, 92 lots (184 units) for semi detached dwellings, 24 blocks (133 units) for on- street townhouses and a block of land for 70 townhouse condominium units. There are 26 lots designed with frontage onto Willick Road. Additional blocks of land in the plan are proposed for stormwater management, parkland, valley land/floodplain, walkways, emergency access and future development. The site is currently zoned, in part, Residential Mixed (R3), Residential Mixed Holding (R3 -H), Hazard Land (HL), Open Space (OS) and Neighbourhood Commercial (NC), through Zoning By -law No. 79 -200 as amended by site specific By -law No. 96 -242. The applicant has requested the zoning of the land be changed to a special Residential Mixed (R3) zone for the single- detached lots, semi- detached lots and on- street townhouse blocks, the Residential Low Density, Grouped Multiple Dwellings (R4) zone for the townhouse condominium block, the Open Space (OS) zone for the park and stormwater management area, the Environmental Protection Area (EPA) zone for the valley land/floodplain and the Development Holding (DH) zone for the future development block. Public Consultation The Planning Act requires that a Public Meeting be held to receive input on subdivision proposals prior to making a decision. Council held the Public Meeting for this plan on June 27, 2005. Several residents spoke at the meeting and letters were submitted. Concerns were raised regarding the number of townhouse units in the plan, lot sizes, density, walkway and emergency access to Lyon's Parkway and traffic in the area. The required Public Meeting for the zoning amendment is satisfied through tonight's meeting and provides another opportunity for public comment. Planning Review Existing Development Approvals 2 PD-2006-24 Various matters were considered in assessing the proposed plan of subdivision and zoning amendment. Based on this analysis, approval is recommended subject to minor revisions and detailed conditions of approval for the subdivision and with modifications to the requested zoning amendment. The review of the applications is addressed under the following headings. The Region approved a draft plan of subdivision in 1996 for the north portion of the site containing a mix of single- detached, semi detached and on- street townhouses. This existing plan is designed as an "adult lifestyle" community with a first phase of 216 units. The development consists of small bungalow homes on shallow lots (25 metres /82 feet to 28.5 metres /93.5 feet in depth). The subdivision layout includes passive linear parkland, walkway and emergency access to Lyon's Parkway and a large block of land (south section) that requires a further subdivision application. The overall net density (residential units on only residential land) of this first phase is 25.7 units/hectare (10.4 units /acre). The developer has dedicated a 8.427 hectare (20.8 acre) site containing a high quality woodlot to the City on the north side of Willick Road, east of Ort Road, to satisfy a condition of this existing approval. Several extensions to this draft plan have been granted by Council and staff has granted a temporary extension pending the review of the current applications. Council passed By -law No. 96 -242 for the plan that includes site specific R3 zoning regulations for the construction of dwellings on the land. March 20, 2006 3 PD- 2006 -24 Surrounding Land Uses The subdivision abuts existing single- detached houses and some vacant lots to the northwest on Lyon' s Parkway and Lyon's Creek Road. There are single- detached dwellings, a stormwater management pond and restaurant located to the north. Several homes exist along both sides of Sodom Road in this area. A new townhouse project is located at Sodom Road and Weinbrenner Road. The Chippawa Arena and undeveloped land for future residential use are on the east side of Sodom Road. There is a cemetery on the north side of Willick Road and large lots on private services (within the Urban Area Boundary) on the south side of this street. A municipally -owned woodlot is located to the southwest. Official Plan The City's Official Plan designates the majority of the property Residential which permits a variety of housing forms. The floodplain of the Hunter Drain watercourse on the north and east part of the site is designated Environmental Protection Area. A compatible mix of dwelling types, lot sizes and densities is promoted by the Official Plan to provide a full range of housing opportunities and potential affordable housing. The large subdivision proposes a community design concept with various residential dwelling types, parkland and natural areas. Single- detached lots and environmental areas are located at the boundaries of the plan abutting existing single- detached uses. The development will be compatible with the existing and future surrounding uses. The proposal is consistent with the Provincial Policy Statement. The Official Plan indicates that the overall net density of residential development is generally limited to 25 units/hectare (10.1 units /acre). Density increases can be considered adjacent major open space features. With revisions proposed by staff, the overall net density of the development will be approximately 25.9 units/hectare (10.5 units /acre). The Official Plan permits on- street and block townhouses to a maximum net density of 50 units/hectare (20.2 units /acre). The net density of the townhouse portions of the plan is calculated at approximately 34.2 units/hectare (13.8 units /acre). The submitted plan is in keeping with these Official Plan policies. Housing Mix Targets The policies of the Official Plan are refined through neighbourhood and community secondary plans to provide guidelines for development. A basic planning principle of such plans is to provide a range of residential housing types for various ages, family sizes and incomes. Typically, secondary plans indicate a target housing mix of 70% single /semi detached units and 30% multiple residential units. This proposed subdivision provides 67.6% singles /semis and 32.4% on- street and block townhouses which is consistent with the targeted distribution of dwelling types. Servicing Constraints The development of this subdivision will be affected by both market demand and the limited servicing capacity in the Chippawa Community. There are separate sanitary and storm sewer systems in the area, however, many homes have foundation drains connected to the sanitary sewer system. During major rainfalls, stormwater discharges into the sanitary sewer system which has historically resulted in basement flooding and sewer overflows. The City is initiating capital works projects in 2006 (Weeping Tile Monitoring and Pollution Control Plant/CSO Abatement Municipal Class EA) to identify problems and needed system improvements. There is existing capacity in the Chippawa system to allow an estimated 129 additional residential units at this time. Municipal Works staff recommend a condition of approval to phase the subdivision in accordance with servicing capacity. March 20, 2006 4 PD- 2006 -24 Subdivision Design The developer has undertaken revisions to the plan based on issues identified during the review process. The subdivision proposes a compatible mix ofdwelling types and lot sizes for single- detached housing, semi detached dwellings, on -street townhouses and block/condominium townhouses. The road pattern and lotting represents an efficient use of urban residential land. The townhouse locations in proximity to the open space areas and main roadways are appropriate. The proposed standard lot depth of 33 metres (108.3 feet) is an increase from the existing approved plan and is similar to recent plans approved in the City. The rear yards of single- detached lots abut the rear yards of the homes on Lyon's Parkway. A condition is requested to locate only single- detached lots with access on Streets "1" and "2" to minimize driveways to these collector roads. The size of some on -street townhouse blocks are to be reduced to permit a maximum of 6 units per block as defined in the by -law. Lots fronting onto Willick Road are needed as services will be constructed along this road in the future which will also allow lots on the south side of Willick Road (within the Urban Area Boundary) to connect to municipal services. Block 368 at the northwest is required for emergency access for this plan and secondary access to the Lyon's Parkway cul -de -sac (over 500 metres in length) this block also allows options for Lyon's Parkway access if intersection changes occur at Lyon's Creek Road Walkways are provided to the City woodlot and also midway along Lyon's Parkway (Block 366 primarily serves as a stormwater outlet and functions as an additional access). The valley land (Blocks 357 358) will be protected and dedicated to the City with the intention of establishing a recreational trail in the area. The cemetery land is to be buffered with the addition of abutting land. The size and location of the park and stormwater area create a large, central open space feature. The plan will be phased depending on servicing capacity and to include a mix ofdwelling types and required facilities. A traffic impact study and traffic calming techniques are required. There maybe future parking restrictions on certain streets to ensure adequate fire access. Fencing will be provided abutting all public lands. Sidewalks are required in accordance with standard municipal practice. Zoning Amendment The R3 zone category provides development standards for single- detached and semi detached lots and on -street townhouse blocks. The request is to modify the existing site specific R3 zoning by -law. Staff recommends that the requested R4 zone standards applicable to the block/condominium townhouse site include a minimum amenity area of 7.5 metres (24.6 feet) at the rear of each townhouse unit. The size of the proposed townhouse block provides various unit layout options. The valley land/floodplain will be in an Environmental Protection Area (EPA) zone. The park block, stormwater management area and several smaller blocks at the entrances to the plan will be zoned Open Space (OS). The Development Holding (DH) zone is a suitable interim zoning category for the future development of land at the southeast of the plan along Sodom Road. The following chart presents information on the R3 zone development standards for singles, semis and on -street townhouses. The City standard by -law provisions, existing "adult lifestyle" plan requirements and the staff recommendations for the current plan are shown. Changes to the typical R3 zoning provisions are illustrated, other standards such as the minimum rear yard setback for all dwelling types is maintained at 7.5 metres (24.6 feet). Zoning Provision Standard R3 By -law No. 79 -200 Existing R3 By -law No. 96 -242 Recommended R3 Site Specific Minimum lot area single detached semi detached on -street townhouse 370 sq. metres 600 sq. metres 200 sq. metres /unit 335 sq. metres 600 sq. metres 160/200 sq. metres /unit 450 sq. metres 500 sq. metres 200 sq. metres /unit Minimum lot frontage single (interior /comer) semi (interior /corner) on -street townhouse 12 metres /15 metres 18 metres /20 metres 6.5 metres /unit 12 metres /15 metres 18 metres /20 metres 6.5 metres /unit 13.7 metres /15.3 metres 15.3 metres /17.1 metres 6 metres /unit Minimum front yard depth 6 metres 3.5 metres dwelling 6 metres garage 4.5 metres dwelling 6 metres garage 2.5 metres porch Minimum interior side yard width (varies with height) 1.2 metres /1.8 metres 3 metres townhouse (bungalow lofts) 1.2 metres single 0.9 metres semi 1.8 metres townhouse (1, 1 '/x or 2 storey) 1.2 metres single &semi 1.8 metres townhouse Minimum exterior side yard width 4.5 metres 3 metres dwelling 6 metres garage 3 metres dwelling 6 metres garage Maximum lot coverage 40% 45% 50% single &semi 60% townhouse Maximum height 10 metres 11 metres (roof design) 11 metres (roof design) March 20, 2006 The proposed revised zoning standards apply "new urbanism" principles to create a walkable community with homes closer to the street and garages set back. These types of zoning standards are evident in the Neighbourhood's of St. Davids plan of subdivision at the north limit of the City. The lot area and lot frontage requirements are being increased for single detached dwellings in the plan compared to the existing site specific zone and standard R3 zone. A narrower lot and unit design is proposed for semi- detached dwellings and some of the on -street townhouses and the requested zoning changes are minor. The recommended front yard setbacks allow space to park a vehicle in the driveway and permit covered porches. The same interior side yards are proposed for singles and semis regardless of height while on -street townhouses will provide greater side yards. The maximum lot coverage provisions account for the reduction in setbacks and differentiate between singles /semis (50 and townhouses (60 These coverage figures represent potential building footprints and actual dwelling coverages will likely be reduced with architectural design features. In accordance with the limited servicing capacity, the development area beyond the first phase will be zoned with a Holding (H) provision. Regional Comments 5 PD- 2006.24 The Regional Planning and Development Department supports the approval of this development. The plan provides a variety of dwelling types and densities with the potential for affordable housing. Regional Public Works request conditions regarding the entrance onto Sodom Road and servicing. Regional Planning also reviewed the subdivision with regard to Provincial policies. Conditions are requested for stormwater management, lot grading, drainage, sedimentation and erosion control plans, as well as an archaeological assessment and confirmation of the cemetery boundary abutting the plan. March 20, 2006 PD- 2006 -24 Agency Comments The Niagara Peninsula Conservation Authority requests conditions relating to the protection of the watercourse fisheries habitat, stormwater management and floodplain issues. Canada Post advises that the residents will be served by Community Mailboxes and requests typical conditions. In addition, the developer will be required to enter into separate agreements with several utility companies. CONCLUSION: The Chippawa West Phase II Draft Plan of Subdivision is an appropriate development of the site. The design applies contemporary planning principles. The application is consistent with the Provincial Policy Statement and complies with the policies of the Official Plan. The recommended Zoning By -law amendment will provide suitable regulations for the construction of the dwellings and also to protect the watercourse. The required conditions of approval are listed in the Appendix. Prepared by: Richard Wilson Planner 2 Recommended by: Doug Darbyson Director of Planning Development Approved by: el lOrd RW:gd Attach. Tony Ravenda Executive Director of Corporate Services S:\PDR\2006\PD2006 -24, Chippawa West Phase II Draft Plan of Subdivision.wpd espectfully submitted: 4 4 €4 John MacDonald Chief Administrative Officer March 20, 2006 7 PD 2006 APPENDIX Conditions for Draft Plan Approval 1. Approval applies to the Chippawa West Phase II Draft Plan of Subdivision prepared by KLM Planning Partners Inc., dated October 14, 2005, showing 239 lots for single- detached dwellings, 92 lots for semi detached dwellings, 24 blocks for on- street townhouses, Block 356 for townhouses, Blocks 357 358 for valley land/floodplain, Block 359 for stormwater management, Block 360 for parkland, Block 363 for future development, Block 368 for emergency access, Blocks 366 367 for walkways and Blocks 361, 362, 364 365 for open space features. The final unit count and composition will be adjusted based on revisions to the plan resulting from the conditions of approval. 2. Upon notice of draft approval for this consolidated subdivision plan for the overall property, the developer submit a letter to the City abandoning all rights and interest in the draft plan of subdivision for the north portion of the site (26T -94009 Revised). 3. The developer enter into a registered Subdivision Agreement with the City to satisfy all requirements, financial and otherwise, related to the development of the land. Note: Should any other body wish to have its conditions included in the Subdivision Agreement, they may be required to become party to the Subdivision Agreement for the purpose of enforcing such conditions. 4. The developer submit a Solicitor's Certificate of Ownership for the subdivision land to the City Solicitor prior to the preparation of the Subdivision Agreement. 5. The subdivision be designed and constructed in accordance with City standards which, in part, includes the following: a) construction of 9.15 metre wide pavement on Street "1" and Street "2" and 8.0 metre wide pavement on the remaining roadways; b) dedication of appropriate daylighting triangles at all intersections; c) dedication of the road allowances to the City as public highway and the streets named to the City's satisfaction; d) dedication of a 3.05 metre (10 foot) road widening to the City along the north side of Willick Road abutting the plan; e) provision of water distribution, sanitary sewer and storm sewer systems; f) weeping tile flow to be directed to the storm sewer by use of sump pumps; g) provision of an overland stormwater flow route; and h) application of the City's Lot Grading and Drainage Policy. 6. The developer revise the plan to provide roadway right -of -way widths as follows: Street "1" and Street "2" 23 metres; Street "3" (from Street "1" to the south) and Street "8" 20 metres; all other streets —18 metres. Notwithstanding these current requirements, the City will examine the feasibility of the reduced right -of -way widths proposed in the plan. 7. The developer construct sidewalks to City standards as follows: Street "1" and Street "2" both sides; Street "3" interior side (north, east and southeast); Street "8" interior side (north and west); Street "6" north and east side; Street "7" north side (between Street "2" and Street "6 Street "9" north side; Willick Road north side. March 20, 2006 PD- 2006 -24 8. The registration of the plan shall proceed in phases to the satisfaction of the City and Region depending on servicing capacity, with the first phase containing a maximum of 129 units representing the estimated available capacity at this time. The completion of ongoing studies and necessary capital works projects, as well as other construction in Chippawa, may alter this estimated servicing capacity. 9. The developer dedicate 0.3 metre (1 foot) reserves to the City at the terminus of all roadways that are to be continued in the future phases of this staged subdivision. 10. The developer conduct a traffic impact study for the subdivision in accordance with the City's Guidelines for the Preparation of Transportation Impact Studies and Site Plan Review. The developer' s traffic consultant should contact Traffic Parking Services prior to commencement of the study to identify issues and the study area. 11. The developer submit a traffic calming plan for the roadways for the review and approval of Traffic Parking Services. 12. The developer dedicate Block 368 to the City as an emergency access for this development and Lyon's Parkway. This access shall be required at least until there is a street connection to Willick Road. If it is determined that Block 368 is no longer required in the future for access or intersection alterations, this land shall be returned to the developer. 13. The developer dedicate Block 359 to the City for stormwater management purposes. 14. The developer submit servicing plans and the design details for the emergency access (Block 368) to Fire Services for review and comment. 15. The developer pay the Development Charges in force at the time of execution of the subdivision agreement. 16. The developer grant the City and Public Utilities any easements required to service the subdivision. 17. The developer enter into an agreement (Letter of Understanding) with Bell Canada complying with any underground servicing conditions imposed by the municipality, and if no such conditions are imposed, the developer shall advise the municipality of the arrangement made for such servicing. 18. The developer include in all offers of purchase and sale, a statement that advises the prospective purchaser that the home/business mail delivery will be from a designated Centralized Mail Box (CMB) and that the developer will be responsible for officially notifying the purchasers of the exact CMB locations prior to the closing of any home sales. 19. The developer satisfy all requirements of Canada Post regarding temporary Centralized Mail Box locations, engineering servicing drawings, installation and providing mail service information to property owners. 20. The subdivision lotting be revised to replace semi detached lots with direct frontage access onto Street "1" and Street "2" with larger frontage single- detached lots and to size Blocks 235, 279, 294, 316 317 for a maximum of 6 on- street townhouse units each March 20, 2006 9 PD- 2006 -24 21. The developer dedicate Block 360 (park) and Block 367 (walkway) to the City as the parkland requirement for the plan and also Blocks 364 365 (open space entry features) and Block 366 (walkway /storm outlet). 22. The developer dedicate Blocks 357 358 (valley land) to the City and construct a recreational trail within these lands. Parkland credit shall be granted for this trail. 23. The developer provide 1.8 metre (6 foot) high chain -link fencing in the subdivision as follows: Lot 1 west side; Lots 64 to 80 (inclusive) west side; Blocks 366 367 northerly and southerly sides; Block 359 perimeter (the extent of fencing may be reduced depending on the stormwater area design and potential access to the abutting park block); the Block 360 north side; Block 200 east side; Lots 229 230 north side; Block 357 southwesterly and northeasterly sides; Block 358 west side (except for frontage on Street "8 Block 363 west side; Blocks 364 365 west side; Block 368 northerly and southerly sides. 24. The developer submit a landscape plan for the review and approval of the Director of Parks, Recreation Culture illustrating the streetscape treatment of the Sodom Road and Willick Road entrances and roadway boulevards. 25. The developer provide boulevard trees in accordance with City policy including along the street frontages of the park and stormwater management area. 26. The developer dedicate Blocks 361 362 to the City to be added to the abutting historic cemetery on Willick Road to provide a treed buffer (the existing fence shall remain). 27. Any excavation of Street "2" and lots abutting Blocks 361 362 shall be undertaken in accordance with good archeological practices and excavation directly adjacent to the cemetery boundary shall be done using hand tools. 28. The developer receive final approval from the City to the zoning by -law amendment to provide land use regulations to guide the development of the subdivision. 29. The developer provide three calculated plans and a letter prepared by an Ontario Land Surveyor to Planning Development confirming that all lots comply with the Zoning By -law. 30. The developer provide five copies of the pre registration plan to Planning Development and a letter stating how all the conditions imposed have been or are to be fulfilled. 31. The detailed design drawings with calculations for the watermain, sanitary sewer and stormwater drainage systems, including the necessary extemal improvements required to service this proposal, be submitted by the developer to the Regional Public Works Department for review and approval. 32. The Ministry of the Environment Certificates of Approval be obtained for the necessary servicing (water, sanitary sewer and stormwater drainage) for this development prior to final approval for registration. Note: As a new stormwater outlet(s) and detention/retention facility are proposed, the design for the stormwater management system should be submitted directly to the Ministry of the Environment (Toronto) for approval and issuance of a Certificate of Approval. March 20, 2006 10 PD- 2006 -24 33. Prior to final approval of the plan for registration, the developer shall submit to the Regional Public Works Department for review and approval a Traffic Impact Study to evaluate the necessary geometric improvements for the Regional Road 116 (Sodom Road) Street "1" intersection and for the adjacent sections of Regional Road 116. Furthermore, the developer agree in the subdivision agreement with the City to implement the recommendations of the approved Traffic Impact Study. 34. The developer provide 7.5 metre x 5 metre daylighting triangles at the Regional Road 116 (Sodom Road) Street "1" intersection to be deeded to the Regional Municipality of Niagara free and clear of any mortgages, liens and encumbrances. 35. The geometric design for the intersection of Street "1" with Regional Road 116 (Sodom Road) be submitted to the Regional Public Works Department for review and approval prior to final approval of the subdivision for registration. 36. The developer agree in the subdivision agreement with the City to obtain Regional Construction Encroachment and/or Entrance Permits from the Regional Public Works Department (Permits Section of the Operational Support Services Division) before any construction takes place within the Regional road allowance. 37. The developer agree in the subdivision agreement with the City to provide to the Regional Public Works Department upon completion of development a certificate from an Ontario Land Surveyor stating that all existing and new survey evidence is in place. 38. The developer agree in the subdivision agreement with the City to engage the Regional tree crew to remove any trees within the Regional road allowances and to pay for the planting of two trees for each tree removed from the road allowance to accommodate development. 39. Immediately following notice of draft plan approval, the developer submit a letter to the Regional Planning and Development Department acknowledging that draft approval of this subdivision does not include a commitment of servicing allocation by the Region. Servicing allocation will be assigned instead at the time of final approval of the subdivision for registration purposes, and a similar clause be inserted in the subdivision agreement between the developer and the City. 40. Immediately following notice of draft plan approval, the developer provide the Regional Planning and Development Department with a written undertaking that all offers and agreements of purchase and sale which may be negotiated prior to registration of this subdivision shall contain a clause clearly indicating that a servicing allocation for this subdivision will not be assigned until the plan is granted final approval for registration. 41. Prior to approval of the final plan or any on -site grading, the developer submit for the review and approval of the Regional Planning and Development Department, a detailed stormwater management plan for the subdivision completed in accordance with the Ministry of the Environment documents entitled Stormwater Management Practices Planning and Design Manual, March 2003, and Stormwater Ouality Guidelines for New Development, May 1991, as amended, endorsed by a suitably qualified professional engineer. A copy of the Stormwater March 20, 2006 -11 PD- 2006 -24 Management Plan and supporting documentation should also be submitted to the Niagara Peninsula Conservation Authority for its review and response to the Regional Planning and Development Department. Furthermore, that the developer agree in the subdivision agreement to implement the approved stormwater management plan. 42. The developer carry out an archaeological assessment of the subject lands and mitigate any adverse impacts to any significant archaeological resources found through preservation or resource removal and documentation. Furthermore, that no grading or other soil disturbances take place on the subject lands prior to the Regional Planning and Development Department and the Ministry of Culture confirming that all archaeological resource concerns have met licensing and resource conservation requirements. Note: The developer should confirm to the Regional Planning and Development Department the extent of the archaeological assessment that was previously approved for the original subdivision plan (File 26T- 94009). 43. Prior to final approval for registration, the developer provide evidence in the form of historical research and a ground survey that the pioneer cemetery located on Willick Road does not encroach into the subdivision. 44. The developer agree in the subdivision agreement to submit a tree saving plan to the City for review and approval and forward a copy to the Regional Planning and Development Department. In addition, the developer agree in the subdivision agreement to implement the recommendations of the approved tree saving plan. 45. Blocks 357 and 358 be placed within a "Hazard Land" zone category (or equivalent) to prohibit development, save for any passive recreational trail use that the City of Niagara Falls may require or propose. 46. The developer prepare detailed sedimentation and erosion control plans for review and approval of the Niagara Peninsula Conservation Authority (NPCA). All sediment and erosion control measures shall be maintained in good condition for the duration of construction until all disturbed surfaces have been stabilized Muddy water shall not be allowed to leave the site or enter the Hunter Drain or Lyons Creek. 47. The developer submit detailed lot grading and drainage plans, noting both existing and proposed grades and the means whereby overland flows will be accommodated across the site, to the NPCA for review and approval. 48. Prior to approval of the final plan, the developer submit to the NPCA a detailed stormwater management plan for the development completed by a qualified engineer and prepared in accordance with the MOEE Stormwater Management Practices, Planning and Design Manual, June 1994. 49. At the end of the project, the design engineer shall certify that all grading, storm sewers, and stormwater management controls have been constructed in general conformity to the approved drawings. Copies of the certification shall be circulated to the City and the NPCA. 50. The developer agree in the executed Subdivision Agreement to implement Conditions 45 to 49. March 20, 2006 12 PD- 2006 -24 51. The developer agree in the executed Subdivision Agreement to: a) Install a 1.5 metre (or other standard approved by the City) fence along the rear of Lots 115 -123 inclusive; the rear lot line of Block 356 (adjacent the Hunter Drain Valley); the rear of Lots 338 -355 inclusive and the south limit of Lot 355; the north limit of Lot 27; the rear of Lots 27 -34 inclusive; the east limit of Lot 26; and the rear (west) of Block 363. b) Re- vegetate all disturbed areas adjacent Blocks 357 -358 immediately upon completion of construction works. c) Obtain any required permits from the NPCA /MNR/DFO for the proposed road crossing over Hunters Drain, and any storm outfall construction to Lyons Creek. Clearance of Conditions Prior to granting approval to the final plan, Planning Development requires written notice from applicable City Divisions and the following agencies indicating that their respective conditions have been satisfied: Bell Canada for Condition 17 Canada Post for Conditions 18 and 19 Regional Niagara Public Works Department for Conditions 31, 32, 33, 34, 35, 36, 37 and 38 Ministry of the Environment for Condition 32 Regional Niagara Planning and Development Department for Conditions 39, 40, 41, 42, 43 and 44 Niagara Peninsula Conservation Authority for Conditions 45, 46, 47, 48, 49, 50 and 51 Proposed Modifications New Plan of Subdivision Zoning By -law Amendment Application Subject Land FA K:\GIS_ Requests\ 2005\SchedWe\ZoningAM AM-32 mapping.apr Modification to Existing Approval Rezoning 26T -94009 (Revised) New Draft Plan of Subdivision Rezoning 26T -11- 2005 -01 SCHEDULE 1 Chippawa West Phase II 26T -94009 (Revised), 26T -11- 2005 -01 (Revised) AM- 32/2005 Location Map N is NTS February 2006 SCHEDULE 2 0 m N 0 z J O H O z w Zw 3 CL O C 0 Z N o O w -0 U w r O D oQ 0J>- mo d< Q cn J i d o oQU 0 orol cc z f 00 zO0 Zoz_ s F- J a'ppV) wZ8 Q2: H H O z i t illipMan Et¢ <o w 8C/ dd0 00 K y hs aaaiaaa a a 0 0 woe, MO j� rob ,n HSI n Mwlac. u+� V 4, Paili qkkt r tr A gO ral f$ 1 call a 11 Ia. _al aS lttec�x 3� L l4 WA S., i 1 tl ietta:9+7Fo as ri. rrr-r r `6040 ti w; Pa e 1 From: <Greg ©chisholmmachinery.com> To: ddarbyso ©.city.niagarafalls.on.ca> Date: Tue, Marl, 2006 10:19 PM Subject: Chippawa West Phase II Zoning Bylaw Amendment Application Greetings Mr. Darbyson This letter is in regards to the recent notice given for the Zoning bylaw amendment application for Chippawa West Phase IL Myself and many of my neighbors are deeply concerned and opposed to the proposed zoning bylaw amendment application which would allow on- street townhouse blocks grouped multiple dwellings and townhouse condominium blocks. The reason for this objection is that we will be connected to this proposed new neighborhood by both an emergency access road (that will be our future and only access road when the east end of Lyons Creek Parkway is cut off from Lyons Creek Rd due to the current unsafe intersection of these two streets) and a walkway leading from the highest density area of the proposed townhouse blocks right into the heart of our existing neighborhood. This would allow an obvious drop in property values quality of life security and integrity within our adjoining quiet dead end street. We as a newly built neighborhood did not invest in the average range of $250,000 to $300,000 dollars per house on our street with 60 foot frontages so we could be located right next door to a major townhouse development. Bad enough is the postage stamp sized lots proposed throughout phase II „that we also have to live next door to a major townhouse development Just look at the density numbers and averages that are proposed here and you get the picture of what this area would look like in ten years time. The developer is not just intending on mixing in just a few town houses within this new neighborhood as is commonly done elsewhere. This developer wants to introduce 24 blocks of townhouses which would allow 133 units plus a huge block of 70 townhouse condominiums in one building. I will be quite frank about this proposal. This type of wholesale townhouse development is not the type of quality of life that! or my neighbors want adjoining to the street I or my neighbors live on. From the Townhouse examples found in the past within the boundaries of Chippawa „specifically the Willoughby drive area ,,,this type of development not only does not work in this area „but its also is a giant step backwards in the healthy development of a thriving waterfront community. Should this application go any further than this first stage „please let me know of your intentions in case a petition to support this letter needs to be generated. 1 look forward to your reply. Respectfully Greg Chisholm 4855 Lyons Creek Pkwy Niagara Falls,Ont. L2E 6S6 Fie 2nno y I 8.01 3a .2oo5 RECEIVED MAR 0 8 2066 PLANNING D VELOPMENT The City of Niagara Falls, Ontario Resolution No. Moved by Alderman Seconded by Alderman AND The Seal of the Corporation be hereto affixed. March 20, 2006 WHEREAS Zoning By -Law Amendment Application AM- 03/2006 (Canadian Niagara Hotels et al), dealing with modifications to a previously approved waterpark and enclosed pedestrian bridge was deferred from the March 6, 2006 Council meeting; and WHEREAS the March 6 meeting complied with the requirements of the Planning Act to hold one statutory public meeting and associated notice provisions; and WHEREAS there were no representations from the public at the March 6 meeting. THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the City of Niagara Falls hereby determines in accordance with Section 34(17) of the Planning Act, R.S.O., that the proposed zoning by -law for Application AM- 03/2006 (Canadian Niagara Hotels et al) is not being changed and consideration by Council does not require any further notice. DEAN IORFIDA R. T. (TED) SALCI CITY CLERK MAYOR The City of s Niagara Falls Canad� Members: His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario RECOMMENDATION: Re: PD- 2006 -19, Zoning By -law Amendment Application AM- 03/2006, 5685 5705 Falls, 4608 and 4800 Bender Street and 4915 Clifton Hill Applicants: Canadian Niagara Hotels Inc., Maple Leaf Entertainment Inc., 1032514 Ontario Ltd. 1006092 Ontario Ltd. Modifications to Previously Approved Waterpark and Enclosed Pedestrian Bridge It is recommended that Council: Corporate Services Department Planning Development 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.niagarafalls.ca Tel.: (905) 356 -7521 Fax: (905) 356-2354 E -mail: planning @niagarafalis.ca March 2 0, 20010 1) approve the requested Zoning By -law amendment application to relocate a previously approved enclosed pedestrian bridge between the new waterpark and the Skyline Inn and permit its height to be increased and to recognize design changes to the new waterpark, as outlined in this report; and 2) pass the by -law on tonight's agenda to implement the above noted recommendation. BACKGROUND: PD- 2006 -19 Doug Darbyson Director Canadian Niagara Hotels et al have requested an amendment to Zoning By -law Nos. 79 -200 and 5535, 1955, as amended by By -law No. 2005 -85, for the lands known as 4608 and 4800 Bender Street, 5685 and 5705 Falls Avenue and 4915 Clifton Hill, as shown on Schedule 1. Last year, Council passed By- law No. 2005 -85, which permits the development of a waterpark on top of an existing parking garage and a series of elevated pedestrian walkways between the waterpark and the applicant's existing hotels. The applicant wishes to relocate the proposed enclosed pedestrian bridge to the Skyline Inn (4800 Bender Street) in a northerly direction (from immediately above the Niagara Casino entrance to the north end of the waterpark) and increase its height by up to 10 metres (33 feet). In addition, minor design changes to the waterpark, involving the construction of ledges around the foot of the waterpark to contain snow and ice falling off the dome, are to be recognized. The modifications to the waterpark and the proposed enclosed pedestrian bridge are identified on Schedules 2 and 3. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development March 6, 2006 2 PD- 2006 -19 The lands are zoned Tourist Commercial -712 (TC -712) under Zoning By -law No. 79 -200, in part, and Commercial One (C1) and Industrial One (I1) under 5335, 1955, in part, as amended by By -law No. 2005 -85. By -law No. 2005 -85 is requested to be amended to reflect the design changes to the waterpark and the proposed pedestrian bridge. Surrounding Land Uses The core of the Clifton Hill tourist area lies to the west and south of the subject lands. To the north are Newman Hill and some small -scale tourist commercial uses. Oakes Garden and the Bridge Commission lands lie to the east. Circulation Comments Regional Municipality ofNiagara Regional Planning Staff considers the proposed revisions to be minor and has no objection to the proposed zoning amendment. Building By -law Services All required building permits are to be obtained prior to commencement of construction. City Clerk No objection. Fire Services No objection. Planning Review The requested changes to the previously approved waterpark and enclosed pedestrian walkway are relatively minor in nature and maintain the intent of Council's earlier approval of this development. The following is a summary of Planning staff's analysis of the application. 1. The waterpark and enclosed pedestrian bridge comply with the intent and purpose of the Official Plan. The lands are designated Tourist Commercial under the Official Plan and are part of the Clifton Hill subdistrict. Hotels and ancillary uses and structures such as the waterpark and the walkway are permitted uses. The Clifton Hill subdistrict is intended to be the commercial/entertainment centre of the tourist area and the addition of the waterpark will help to reinforce the role. The Official Plan requires new tourist developments, over four storeys in height, to conform to a series of built form regulations. To ensure the original waterpark design complied with these regulations, the project was reviewed by the architectural peer review panel. The panel concluded that, given the moderate height of the waterpark, the significant setbacks from nearby streets and the unique and interesting design, the original design fully complied with the built form regulations. The addition of a ledge at the foot of the waterpark, intended to contain snow and ice on the waterpark from falling onto cars and pedestrians, is a minor addition that adds little to the mass of the waterpark and maintains its significant setbacks from nearby streets. With this addition, the waterpark will still comply with the intent of the aforementioned built form guidelines. The enclosed pedestrian walkway is a structure which does not impact on surrounding land uses March 6, 2006 3 Prepar PD- 2006 -19 due to its very limited mass. Although the height of this walkway is to be increased by up to 10 metres (33 feet) in order to allow patrons to enter directly into the waterpark, this height will taper down as the walkway approaches the Skyline Inn The height to the top of this walkway from the ground level will range from 15 metres (50 feet) to 24 metres (80 feet). In its revised location, the walkway will be set back 73 metres (240 feet) from Bender Street, about the same setback as is provided for the waterpark and sufficient enough to mitigate any impacts on the street and on nearby properties. 2. The requested Zoning By -law amendment is appropriate. Most of the lands are zoned Cl and 11 under Zoning By -law No. 5335, 1995. A small portion of the waterpark and the proposed walkway encroach onto the property known as 4608 Bender Hill (Planet Hollywood) which is zoned TC under Zoning By -law No. 79 -200. These by -laws have been amended by By -law 2005 -85 to permit the waterpark and a series of connecting walkways. The zoning by -law on tonight's agenda will amend By -law No. 2005 -85 to reflect the addition of the snow ledge to the waterpark and the relocation and increased height of the proposed walkway between the waterpark and the Skyline Inn. This revision to the by -law is technical and accomplished by replacing Schedules 2 and 3 to By -law No. 2005 -85 (which identify the location and height of the waterpark and walkways). These schedules allow a degree of flexibility in locating the walkway and this walkway will still be restricted to a vertical and horizontal dimension of 5 metres (16.4 feet). CONCLUSION: 1. The requested changes to the waterpark and one of the proposed walkways are relatively minor in nature, do not impact on surrounding lands and are in keeping with the intent of Council's earlier approval of this development, and therefore can be supported. 2. The amending by -law on tonight's agenda implements these changes to the waterpark and the proposed walkway. Andrew Bryce Planner 2 Recommended by: Doug Darbyson Director of Planning Development AB:gr Attach. S:\PDR\20061pD2006 -19, AM-03-2006, Canadian Niagara Hotels et al, 5685 Falls.wpd pproyed by: I a 1�� '�9 Ravenda /F''r xecutive Director of Corporate Services Respectfully sub MacDonald of Administrative Officer Subject Land WA Location: 4608 Bender St. 4800 Bender St. 5685 Falls Ave. 5705 Falls Ave. 4915 Clifton Hill SCHEDULE 1 LOCATION MAP Amending Zoning By -law Nos. 79 -200 and 5335, 1955 Applicant: N 1032514 Ontario Limited 1006092 Ontario Limited Canadian Niagara Hotels Inc. Maple Leaf Entertainment Inc. AM- 03/2006 February 2006 SCHEDULE 2 SCHEDULE 3 z February 16, 2006 File: D.10.M.11.23 Mr. Andrew Bryce Planner 2 City of Niagara Falls 4310 Queen St, 2 Floor Niagara Falls, ON L2E 6X5 Dear Mr. Bryce: LANN-NU Niagara."' Region PLANNING AND DEVELOPMENT Re: Zoning By-law Amendment Minor Changes to Waterpark Falls Avenue, opposite Rainbow Bridge City of Niagara Falls No. 4932 F. 1 The Regional Municipality of Niagara 3550 Schmon Parkway, P.O. Box 1042 Thorold, Ontario L2V 417 Telephone: 905 -984 -3830 Fax: 905 -841 -5208 E -mail: plan ©reglonal.niagara.on.oa The City of Niagara Falls adopted Zoning By -law Amendment No. 2005 -85 to permit the establishment of a waterpark on top of an existing parking garage stricture. The waterpark will serve the guests of the Skyline Brock Hotel, the Sheraton on the Falls Hotel, the Skyline Inn and the proposed Rainbow Hotel. The current application proposes some minor modifications to the zoning provisions to reflect changes In the design of the waterpark. The proposed modifications appear to affect the height provisions for the waterpark and pedestrian links. Regional Planning staff consider the proposed revisions to be minor and have no objection to the adoption of the zoning amendment. Yours truly, �J�r —tie e David J. Farley Director of Planning Services c: Councillor W. Smeaton, Regional Munidpality of Niagara Mr. D. Darbyson, MCIP, RPP, Director of Planning, City of Niagara Falls Mr. W. Stevens, Regional Public Works RECEIVED ta4Revised She Plan -TSC Store FEB 112006 Building Community. Building Lives. PLANNING DEVELOPMENT March 7, 2006 Mr. Dean Iorfida, City Clerk City of Niagara Falls P.O. Box 1023 4310 Queen Street Niagara Falls, ON L2E 6X5 Re: Liquor License for YMCA use at MacBain Community Centre Dear Mr. Iorfida, Please accept this letter as the YMCA of Niagara's application for a Liquor License as per the following information. 1. Event: The YMCA of Niagara "Partners With Youth" Donor Recognition Reception. 2. Date: Thursday, April 6, 2006 3. Time: 5:00 8:00 pm 4. Site: MacBain Community Centre, Coronation 50+ Satellite Centre Room, Second Floor 5. Serving: Serving red and white wine and non alcoholic beverages along with a variety of food. There will be no food or wine sales, or ticket sales at this event. 6. No. of People Estimated 50 people attending 7. Booking: Rental arrangements are made through Jason MacLean, City of Niagara Falls. If you have any further questions, please feel free to contact me at 905- 934 -9622 or by email at jstamand @ymcaofniagara.ca. Thank you for your consideration. Yours truly, A¢6 et St. Amand P. Development Communications YMCA of Niagara Y YMCA We build strong kids, strong families, strong communities. cc: Jason MacLean, City of Niagara Falls. YMCA of Niagara Niagara Falls YMCA Branch 7150 Montrose Road, Niagara Falls, ON L2H SNS YMCA Charitable Number 11930 7064 RR0001 www.ymcaofniagara.org A Partner in the United Way The City of Niagara Fall Canada Members: Corporate Services Department CD- 2006 -04 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 March 20, 2006 Dean Iorfida City Clerk Re: CD- 2006 -04 Consideration of Compliance Audit RECOMMENDATION: As per the section 81(10) of the Municipal Elections Act, Council consider the auditor's report of Deloitte Touche LLP on Wayne Thomson's 2003 election campaign. BACKGROUND: On March 6 2006 Council received the report by Deloitte Touche LLP regarding the election campaign expenses of mayoral candidate Wayne Thomson. Section 81(10) of the Municipal Elections Act states the following: The council or local board shall consider the report within 30 days after receiving it and may commence a legal proceeding against the candidate for any apparent contravention of a provision of this Act relating to election campaign finances. The Deloitte Touche LLP compliance audit concluded that there were contraventions under the Municipal Elections Act for accepting a contribution from a non -profit organization, failing to issue receipts to contributors and exceeding prescribed spending limits as a result of certain expenses not being recorded. As the section of the Act indicates it is mandatory that Council consider the report within 30 days. It is permissive whether Council commence legal proceedings. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development March 20, 2006 2 CD- 2006 -04 Staff is of the opinion that the following options are available to Council: Council receive the compliance audit without taking any further action. With this option Council would be explicitly stating that they do not wish to proceed with legal proceedings. Council forward the matter to the Provincial Crown's office for prosecution. Council launch a private prosecution with outside legal counsel, similar to the Hamilton compliance audit case. Do nothing Staff would recommend against "receiving and filing" the report. Because consideration of the audit is a requirement under the Act, failure to do so could trigger a court order of mandamus being sought for Council abdicating their statutory responsibility. CONCLUSION: By considering the auditor's report on March 20`", Council will be within the prescribed time frame under the Act. The various options available to Council have been outlined above. Finally, in the interests of procedural fairness, the candidate and applicant will be invited to make representations at the meeting. Recommended by: Dean Iorfi`da City Clerk Recommended by: Karen Kelly City Solicitor Approved by: f r T. Ravenda Executive Director of Corporate Services Respectfully submitted: John MacDonald Chief Administrative Officer Dean Iorfida Fwd: Re: Compliance Audit From: Dean Iorfida To: savage @yorku.ca Subject: Fwd: Re: Compliance Audit Larry: Judging by our agenda for the 20th, the compliance audit won't be dealt with until after your arrival. Sincerely, Dean »Dean Iorfida 3/7/2006 5:13 PM Larry: We have Senior Staff tomorrow so I will have a better idea of the schedule for the 20th at that time. I am confident that we can accommodate the matter later in the agenda. I'll confirm tomorrow. Thanks Dean savage @yorku.ca> 3/7/2006 5:07 PM Dean, I am only available after 8:30 pm due to work commitments. Is that okay? Larry Quoting Dean Iorfida <diorfida @niagarafalls.ca Larry: I will list you for the March 20th Council agenda when Council will consider the compliance audit of Wayne Thomson. Sincerely, Page 1 of 1 about:blank 3/8/2006 The City of Niagara Fall Canada Ala Mel Members: SUMMARY: His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Corporate Services Department F- 2006 -19 Finance 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) 356-2016 E -mail: kburden @city.niagarafalls.on.ca March 20, 2006 Kenneth E. Burden Director Re: F -2006 -19 Annual Statement of Remuneration and Expenses RECOMMENDATION: For the information of the Municipal Council. BACKGROUND: The attached statement of remuneration and expenses for the year ending December 31, 2005 has been prepared pursuant to sections 283 and 284 of the Municipal Act, 2001, and authorized for payment under By -law #99 -22, By -law #2002 -57 and By -law #2001 -252. A breakdown of remuneration and expenses by member for City Council, and various bodies and local boards is provided in the attached statements. A summary for 2005 is provided below: Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Remuneration Expenses Total City Council $223,905.26 $36,482.65 $260,387.91 Committee of Adjustment $4,520.00 $1,218.79 $5,738.79 Niagara Fails Transit Commission $9,400.00 $467.00 $9,867.00 Committees Commissions $0.00 $1,340.39 $1,340.39 The City of Niagara Fall Canada Ala Mel Members: SUMMARY: His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Corporate Services Department F- 2006 -19 Finance 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) 356-2016 E -mail: kburden @city.niagarafalls.on.ca March 20, 2006 Kenneth E. Burden Director Re: F -2006 -19 Annual Statement of Remuneration and Expenses RECOMMENDATION: For the information of the Municipal Council. BACKGROUND: The attached statement of remuneration and expenses for the year ending December 31, 2005 has been prepared pursuant to sections 283 and 284 of the Municipal Act, 2001, and authorized for payment under By -law #99 -22, By -law #2002 -57 and By -law #2001 -252. A breakdown of remuneration and expenses by member for City Council, and various bodies and local boards is provided in the attached statements. A summary for 2005 is provided below: Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning March 20, 2006 Prepared by: Catherine J. Luey r John MacDonald Manager of Accounting Chief Administrative Officer Recommended by: K.E. Burden Director of Finance Approved by: "i147,-47/ /Av T. Ravenda Executive Director of Corporate Services 2 F 2006 19 Respectfully submitted: m Alderman Remuneration Travel/ Contingency Expense Expense Allowance Total Campbell, W. $18,497.22 $383.72 $2,377.30 $500.00 $21,758.24 Diodati, J. 18,497.22 109.72 2,245.46 40.00 20,892.40 loannoni, C. 18,497.22 128.72 3,611.33 55.00 22,292.27 Kerrio, V. 18,497.22 18,497.22 Morocco, J. 18,497.22 581.72 2,983.56 422.10 22,484.60 Pietrangelo, V. 18,497.22 109.72 1,666.34 136.30 20,409.58 Salci, T. 75,927.50 13,295.00 4,503.14 93,725.64 Volpatti, S. 18,497.22 109.72 2,191.60 415.00 21,213.54 Wing, J. 18,497.22 577.20 40.00 19,114.42 TOTAL $223,905.26 $14,718.32 $20,155.93 $1,608.40 $260,687.91 March 20, 2006 2005 STATEMENT OF REMUNERATION AND EXPENSES NIAGARA FALLS CITY COUNCIL F- 2006 -19 Includes Internet and Cell Phone Charges Member Remuneration Expenses Total Mayes, B. (Chair) $2,200.00 $198.44 $2,398.44 Di Giacomo, T. 1,800.00 89.52 1,889.52 Carter, D. 1,800.00 89.52 1,889.52 Stranges, L. 1,800.00 89.52 1,889.52 Salci, T. 1,800.00 1,800.00 1,178.68 Prata, G. 900.00 TOTAL $9,400.00 $467.00 $9,867.00 Member Remuneration Other Remuneration Expenses Total Antonio, C. $780.00 $228.02 $1,008.02 Cahill, M. 960.00 960.00 Collinson, J. 980.00 385.68 1,365.68 Mangoff, T. 900.00 278.68 1,178.68 Prata, G. 900.00 326.41 1,226.41 TOTAL $4,520.00 $1,218.79 $5,738.79 March 20, 2006 4 F- 2006 -19 2005 STATEMENT OF REMUNERATION AND EXPENSES COMMITTEE OF ADJUSTMENT 2005 STATEMENT OF REMUNERATION AND EXPENSES NIAGARA FALLS TRANSIT COMMISSION Member Remuneration Expenses Total Akalu, K. 0.00 $771.41 $771.41 Buetter MacDonald 0.00 518.98 518.98 TOTAL $00.00 $1,290.39 $1,290.39 Member Remuneration Expenses Total Fohr, F. 0.00 $50.00 $50.00 March 20, 2006 5 F- 2006 -19 PARK IN THE CITY ARTS CULTURE 2005 STATEMENT OF REMUNERATION AND EXPENSES COMMITTEES/ COMMISSIONS (only members who received remuneration expenses are listed) The City of Niagara Fall Canada His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: BACKGROUND: Prepared b, Ed Dujlotic. P.Eng. Director of Municipal Works Community Services Department Municipal Works 4310 Queen Street .0. 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 March 20, 2006 Re: MW- 2006 -29 Transfer of Pumping Stations, Forcemains and Property to the Regional Municipality of Niagara RECOMMENDATION: That the ownership of City owned pumping stations and associated forcemains be transferred to the Regional Municipality of Niagara. On June 9, 2005, the Regional Municipality of' Niagara approved report PWA 100 -25, attached, authorizing the transfer of certain sewage pumping stations, associated forcemains and property subject to a number of conditions including the approval of the area municipalities. City staff assisted in the preparation of the Regional report through the Public Works Officials. Currently the City contracts out the Region to carry out the maintenance on the sewage pumping stations as we do not have the in -house resources to maintain and operate Accordingly, the transfer of the pumping stations will not have any affect on staffing levels for the City. Based on the above and attached information, it is staff's recommendation that the pumping stations and associated forcemains and properties be transferred to the Regional Municipality of Niagara. Council's concurrence with the above recommendation would be appreciated. Respectfully submitted: v0` al John MacDonald Chief Administrative Officer Ed Dujlovic Director Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Building By -Law Services MW-2006-29 N iagara `f Region February 9, 2006 Mr. Dean Iorfida Clerk City of Niagara Falls 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Dear Mr. Iorfida: Transfer of Sewage Pumping Stations and Associated Conveyance /Forcemain Pipes Our File: L.04.000 Building Community. Building Lives. e. PUBLIC WORKS Operational Support Services 2201 St. David's Road, P.O. Box 1042, Thorold, ON L2V 4T7 Tel: 905 685 -1571 Toll -free: 1- 800 263 -7215 Fax: 905 687 -8056 www.regIonal. niagara.on. ca Niagara Region is currently responsible for the ownership, operation and maintenance of 107 sewage pumping stations (SPS) and associated conveyance /forcemain pipes across the Region. In addition, there are 25 SPS that are owned by the Area Municipalities, 19 of which are operated by the Region on behalf of the Area Municipalities. The Water and Wastewater Master Servicing Plan Update (2003) recommended that the Region assume ownership and responsibility for operation and maintenance of all sewage pumping stations and associated forcemains from the Area Municipalities. This recommendation was supported by the Public Works Officials who participated in the development of the Master Plan. Subsequently Report PWA 100 -2005 was considered by the Public Works and Utilities Committee and approved by Regional Council on June 9, 2005. A copy of this report is attached. The report authorizes the transfer of certain SPS and associated conveyance pipes to the Region, subject to a number of conditions, including approval of the Area Municipalities. Further, the report establishes a policy for the construction, ownership and operation of future SPS. The report and policy were developed in consultation with the Water Strategy Implementation Committee and the Public Works Officials. Since the adoption of PWA 100 -2005, we have taken a number of steps to facilitate Regional Council's d regarding the transfer of sewage pumping stations and conveyance pipes to the Region, including the following: Regional Public Works Operations staff undertook a technical assessment of the condition of all of the municipally -owned SPS to be transferred; The Region requested information from each local area municipality regarding the property, facilities, and documentation (including Certificates of Approval) associated with each SPS; Upgrading costs related to these sewage pumping stations and conveyance pipes were included in the 2006 Regional capital budget; Legal surveys were authorized for selected facilities, and MOE application forms were completed to amend current Certificates of Approval to accommodate proposed ownership transfers. To finalize the change of ownership of these facilities, we would respectfully request that you confirm the transfer by way of a resolution of your Municipal Council. The attached table sets out the assets to be transferred to the Region, together with any associated property rights. We appreciate your assistance in securing the necessary approvals from your municipal Council authorizing the transfer of these SPS assets. If you have any questions regarding this matter, you may direct them to Bob Steele, Project Coordinator, Niagara Water Strategy, at (905) 685 -4225, ext. 3745. Yours truly, Ian Neville, MPA, P. Eng. Commissioner of Public Works RC /at (#L: \pfm\RC 2006 Correspondence \Municipal SPS Transfer.Mrg Ltr.doc) attach. cc: Ed Dujlovic, Director of Municipal Works February 9, 2006 Page 2 Z E CM PI PI unicp Oakwood Drive SPS and associated forcemain Calaguiro SPS and associated forcemain Mewburn Road SPS and associated forcemain Neighbourhood of St. David's SPS and associated forcemain Oakwood Drive Dorchester Road 2617 Mewbum Road Stonehaven Avenue at the intersection of Stone Gate it4siL ATI,O T Te l Not applicable located within road allowance Transfer /Deed of Land, Part 4, Plan 59R- 11579, PIN 642680291 Transfer of City's easement rights, Part 1, Plan 59R -6283, Part of PIN 642930013 To be determined 4 (OPflf,BtIGHTS K ;1:;7=7 tr Niagara Region REPORT TO: Chair and Members of the Public Works Utilities Committee SUBJECT: Ownership and Responsibility for Sewage Pumping Stations And Conveyance Pipes RECOMMENDATION That this Committee recommend to Regional Council: PWA 100 -2005 May 31, 2005 That the ownership and responsibility for all existing sanitary sewage pumping stations and conveyance pipes identified in Tables 1 and 2 of this report be transferred from the respective Area Municipalities to the Region of Niagara, subject to approval by the Area Municipalities. That the transfer of ownership and responsibility for the sewage pumping stations (SPS) and conveyance pipes listed in Tables 1 and 2 of this report, with the exception of the Seaway Heights SPS, Nadine Avenue SPS and Marina #3 SPS, become effective on September 1, 2005. That the transfer of ownership and responsibility for the Seaway Heights SPS and Marina #3 SPS, be conditional upon installation of operation and monitoring equipment to meet minimum Regional standards, prior to the transfer of ownership. That the transfer of ownership and responsibility for the Nadine Avenue SPS, become effective by December 31, 2006 to facilitate upgrades to meet minimum Regional standards, prior to the transfer of ownership That a detailed condition assessment of all the sewage pumping stations be undertaken following the transfer of ownership to identify any upgrades that may be required within the next ten (10) years for inclusion in the Region's 10 year capital budget forecast for Wastewater Systems. PWA 100 -2005 May 31, 2005 That the Region assume ownership and responsibility for all future sewage pumping stations and associated conveyance pipes, in accordance with the proposed policy related to Sewage Pumping Stations and Conveyance Pipes. That the policy respecting the approvals, ownership, construction, operation, maintenance and replacement of all future sewage pumping stations and associated conveyance pipes, as described in Appendix A, be approved. That property rights associated with the Sewage Pumping Stations and Conveyance Pipes be transferred by Area municipalities to the Region, where applicable. That this report be distributed to the Area Municipalities for review and approval. PURPOSE The purpose of this report is to obtain approval from Committee and Council for the transfer of ownership of the sanitary sewage pumping stations (SPS) and designated associated conveyance pipes that are currently owned by the Area Municipalities, to Niagara Region and to obtain approval of the proposed new policy related to sewage pumping stations and conveyance pipes subject to approval by the respective area municipalities. BACKGROUND The completed Water and Wastewater Master Servicing Plan (MSP or Master Plan) Update and the Niagara Water Quality Protection Strategy (NWQPS or Water Strategy) were received by Regional Council in 2003. These studies were developed with extensive research, consultation and direct involvement of many stakeholders over the past three years. Findings and recommendations for these two major initiatives reflect the new and changed business environment in which we now operate. Some of the key drivers expressed in these two reports are: New Regulations including the need for source water protection and more stringent compliance requirements Stricter operator certification and more comprehensive training requirements New legislation requiring higher levels of asset management including full cost accounting More stringent enforcement of environmental protection standards and mitigation of impacts to the natural environment Greater security of the water and wastewater systems Need for a broader watershed management approach to operations Increased corporate and personal liability including staff and Councils as owners and operators of water and wastewater systems 2 REPORT 3 PWA 100 -2005 May 31, 2005 Desire for improved service and due diligence in reducing risk, duplication, contingency and emergency response. Adopting a Smarter Niagara approach to the business of providing water and wastewater services Both of these extensive documents were completed with the assistance of external consultants and directed by Steering Committees comprised of Regional Department Commissioners, Councillors, Water and Wastewater Services Division staff and MOE staff. The NWQPS Steering Committee also consisted of a broad cross section of stakeholders including the Niagara Peninsula Conservation Authority (NPCA), the City of Hamilton and Haldimand County. Technical support was provided by various Technical Advisory Committees which included key Regional, Area Municipal, MOE staff and many other stakeholders depending on the nature of the topic. The Water Strategy Implementation Committee (WSIC) first met in February 2004 to review the findings of the two studies and direct the implementation of the recommendations. This Committee is comprised of Councillors and staff from the Region, Area Municipalities, the MOE and the NPCA. There are many important issues to be addressed to ensure the sustainability of the services to customers, environmental compliance and the protection of our water resources in the future, in a fiscally responsible manner. To date, the committee has addressed two critical items of the wastewater system: Combined Sewage Overflows (CSO) control and management Sewage Pumping Stations (SPS) and associated Conveyance Pipes This report deals with the sewage pumping stations and conveyance pipes. CSO management will be addressed separately in a future report to Committee and Council. In Niagara, responsibility for the delivery of water and wastewater services is shared between the Region and the Area Municipalities, based on the Municipal Act. In the case of wastewater, Area Municipalities are responsible for the collection pipe networks (collection system) within their respective municipal boundaries. The Region is generally responsible for treatment and the trunk pipe networks (conveyance system) that transfer sewage from the collection systems to the treatment plants. Prior to the inception of the Region in 1970, the James F. MacLaren report of December 1969 established the minimum capacity for Regional pipes and sewage pumping stations at 170 Us Peak Dry Weather flow (85 Us for inter municipal pipes) as a pragmatic value. The Region was also given sole responsibility for sewage treatment, with the exception of private facilities. As well, the Region has the municipalities as "customers" while the local PWA 100 -2005 May 31, 2005 municipalities have responsibility for all customer service related to sewer servicing including billing. Since 1970, the Region and the Area Municipalities have not strictly adhered to this original criterion, resulting in anomalies regarding ownership of some segments of the overall system. These have led to uncertainty and confusion, as well as inconsistency, surrounding responsibility for operations, maintenance and replacement activities. Currently, 107 SPS are Regionally- owned. Most form part of the conveyance system and fall within the Region's initially mandated responsibility. Twenty five (25) additional pumping stations are owned by the Area Municipalities. These are located within Area Municipal wastewater collection systems, not within the major, trunk conveyance system. These stations are generally smaller and transfer sewage for limited service areas within municipal wastewater collection systems. In a few cases, they transfer sewage directly to the Region's conveyance system or treatment facilities. Area Municipalities operate six (6) of these locally -owned pumping stations. The remaining nineteen (19) are generally operated and maintained by the Region on behalf of respective Area Municipalities under varying verbal or written agreements. In cases where upgrades to municipally -owned SPS are necessary, the Region would normally undertake work on behalf of Area Municipalities. The Region is required to advise Area Municipalities of upgrades and await their approval prior to initiating work. This can sometimes result in lengthy discussions, disagreement and continuation of undesirable operating conditions for extended periods (e.g. increased risk to the environment, public health and safety issues) or less than ideal upgrades. This has also led to varying degrees of capital and maintenance standards, resulting in less than optimum or effective operation and maintenance requirements. Once agreed, approved work proceeds and costs are charged to Area Municipalities upon completion. Recent Ownership Transfers The Region has the technical capacity (both in -house and outsourced), operating and maintenance resources, management framework and in -place procedures to effectively manage these SPS. Most of the required technical expertise is not normally available within Area Municipal staff work forces. Within the last two years, Area Municipalities requested the transfer of SPS ownership to the Region. Examples include the Thompson Road, Stevensville and Douglastown Pumping Stations in Fort Erie, and two new pumping stations recently commissioned in the St. David's community of Niagara -on- the -Lake. Conveyance Pipes The Region generally owns, operates and maintains forcemains and gravity sewers that comprise Regional conveyance systems. However, there are isolated cases where this is not the case. Some pipes are owned by Area Municipalities, while the ownership of 4 others is unclear. This has led to uncertainties regarding responsibility for operations, maintenance and replacement. Public Works Officials (PWO) Input 5 PWA 100 -2005 May 31, 2005 The Water and Wastewater Master Servicing Plan Update (2003) recommended that the Region assume SPS ownership. This recommendation was supported by the Public Works Officials who participated in the development of the Master Plan. At their meeting on June 22, 2004, the Public Works Officials (PWO) discussed various options associated with transferring ownership and responsibility for all sewage pumping stations and conveyance pipes. There was general agreement that the Region should become fully responsible for all existing and future SPS and conveyance pipes, recognizing that most municipalities currently rely on Regional operation and maintenance of locally -owned facilities. The City of Port Colborne also requested that its Colborne Pumping Station that handles only storm water be included in the transfer. A similar request was made by the City of Niagara Falls regarding its Gunning and Mears Pumping Station which functions as part of a Combined Sewage Overflow (CSO) Facility. The PWO also agreed that only those pipes that serve to "convey" the sewage to the plant should be considered for transfer. Other pipes that serve the dual role of conveyance and "collection" (i.e. sewer pipes with service connections) should remain locally- owned. The PWO reviewed the draft PWA report and the attached policy at its meeting held on December 14, 2004 and provided final comments on April 22 2005. These have been incorporated into the attached policy. The PWO agreed that since two of the locally owned sewage pumping stations (Fitch Street SPS and Quaker Road SPS) will be decommissioned by the City of Welland they should not be included in the transfer. Therefore twenty three (23) of the twenty five (25) locally owned sewage pumping stations will be transferred to the Region. The PWO also agreed that the Seaway Heights SPS, Marine #3 SPS and Nadine Avenue SPS be transferred following completion of the upgrades required. Because a few of the sewage pumping stations were established using Provincial and other funding, Regional Staff and the PWO will continue to investigate these specific situations to ensure that the funding received by the respective Area Municipalities would not be jeopardized by implementing the transfer of ownership If a different transfer date is warranted, that accommodation will be made. Implementation Committee Direction The Water Strategy Implementation Committee (WSIC) addressed the ownership transfer issue at its April 27, 2004 and July 13, 2004 meetings. WSIC directed staff to proceed with recommendations for implementing the transfer of the remaining municipally -owned SPS and conveyance pipes, effective January 1, 2005 with input from the Public Works Officials. WSIC also directed staff to prepare a draft policy 2E"viP '34xy SPS Name Yy to Y P 3: Ow ned by rt El °ta v Opera t�d v by i Age Bal Harbour SPS Grimsby Region 10 Bridgeport SPS Lincoln Region 24 Jordan Valley SPS Lincoln Region 24 Laurie Avenue SPS Lincoln Region 23 Campden SPS Lincoln Region 3 Main St SPS Lincoln Region 10 Oakwood Drive SPS Niagara Falls Region 12 Calaguiro SPS Niagara Falls Region 2 Mewbum Road SPS Niagara Falls Region 15 Neighbourhood of St Davids SPS Niagara Falls Region 3 Line 2 SPS NOTL Region 0 Airport Road SPS NOTL Region 10 St. Davids #1 SPS NOTL Region 0 St. Davids #2 SPS NOTL Region 0 Daimler SPS Pelham Region 10 Foss Road SPS Pelham Region 23 Table 1: List of Sewage Pumping Stations respecting ownership and responsibility of SPS and conveyance pipes and further review the following issues: Confirm debt transfer requirements and conditions with the Corporate Financial Services Department Finalize the actual list of assets to be transferred based on a review by Property Management staff, including property ownership matters Identify and resolve operational and or administrative matters related to the Region's assumption of "storm water" pumping stations Review and establish procedures that would facilitate development applications Approve procedures pertaining to new pumping stations by Regional staff It has since been determined that there is no debt associated with SPSs and conveyance pipes to be transferred from Area Municipalities. Also, dedicated storm water pumping stations and those specific to Combined Sewage O'erflow (CSO) facilities should not be included in the SPS transfer at this time. These are primarily used for groundwater and CSO control as opposed to pumping of sanitary sewage. These adjustments and the first draft of the policy were also reviewed by the WSIC on October 26, 2004. The WSIC directed that the policy be finalized following final review by the Public Works Officials. The policy was reviewed at the December 14, 2004 meeting of the PWO and finalized on April 22, 2005. The tables below identify SPS and conveyance pipes, respectively, to be transferred: 6 PWA 100 -2005 May 31, 2005 riY SPS t�t aone 9 df etr k ed byx m a„ Opera s?....s "y t z^"�JNK�. Srz Marina #1 SPS Port Colborne Port Colbome 14 Marina #2 SPS Port Colbome Port Colbome 14 Marina #3 SPS Port Colbome Port Colborne 14 Lighthouse SPS St Catharines Region 10 Nadine Ave SPS St Catharines Region 10 Beaverdams SPS Thorold Region 11 Seaway Heights SPS Welland Welland 8 `4pj'?� §A'C V� �4; 4 i a P pe N m p +w�a��D�`•'• �.�F Owd by ne Gi '^y4'�Ss v Op e� y ra ted "y t z^"�JNK�. Srz v��' e L n Thompson Road SPS Forcemain Fort Erie Fort Erie 525 233 30 Bal Harbour SPS Forcemain Grimsby Region 200 200 10 Bridgeport SPS Forcemain Lincoln Region 150 200 24 Jordan Valley SPS Forcemain Lincoln Region 200 200 24 Laurie Avenue SPS Forcemain Lincoln Region 200 200 23 Campden SPS Forcemain Lincoln Region 150 2000 3 Main St SPS Forcemain Lincoln Region 200 200 10 Oakwood Drive SPS Forcemain Niagara Falls Region 150 500 12 Calaguiro SPS Forcemain Niagara Falls Region 100 570 2 Mewbum Road SPS Forcemain Niagara Falls Region 200 720 15 Neighbourhood of St Davids SPS Forcemain Niagara Falls Region 200 500 3 Line 2 SPS Forcemain NOTL Region 100 166 10 Airport Road SPS Forcemain NOTL Region 150 200 10 St. Davids #1 SPS NOTL Region 200 500 0 PWA 100 -2005 May 31, 2005 Table 2: List of Conveyance Pipes 7 8 Forcemain St. Davids #2 SPS Forcemain Daimler SPS Forcemain Foss Road SPS Forcemain Marina #1 SPS Forcemain Marina #2 SPS Forcemain Marina #3 SPS Forcemain Lighthouse SPS Forcemain Nadine SPS Forcemain Beaverdams SPS Forcemain Seaway Heights SPS Forcemain C.OWElett NOTL Pelham Pelham Port Colbome Port Colborne Port Colbome St Catharines St Catharines Thorold Welland Operated Region Region Region City City City Region City Region City 200 200 150 50 50 50 150 150 150 200 Length' 500 200 200 180 50 50 200 200 200 200 0 10 23 14 14 ,w 14 10 10 11 8 Proposed New Policy PWA 100 -2005 May 31, 2005 Further to direction by the Implementation Committee a new policy (attached) related to Sewage Pumping Stations and Conveyance Pipes was developed in collaboration with the Public Works Officials. This policy was finalized at the PWO meeting on December 14, 2004 and reviewed again in March 2005. It addresses the following key items: Clarification of responsibility for ownership and operation of existing and future Sewage Pumping Stations and Conveyance Pipes An Approvals Procedure to ensure early involvement of Regional Niagara Public Works Department in the approvals process for new Sewage Pumping Stations and Conveyance Pipes. Mechanisms to advance the timing of the construction of new Sewage Pumping Stations and Conveyance Pipes to facilitate new development Design and construction of Sewage Pumping Stations and Conveyance Pipes in accordance with Regional Niagara design standards Consideration of Life Cycle Cost comparisons to determine the most appropriate servicing solutions 9 PWA 100 -2005 May 31, 2005 Recovery of costs related to new and existing Sewage Pumping Stations and Conveyance Pipes Consideration of ultimate build out needs and known servicing deficiencies in the establishment of new Sewage Pumping Stations and Conveyance Pipes Eliminate connections to Trunk Sewers/Conveyance Pipes Property Matters Most SPS and conveyance pipes are located within public rights of way. However, several stations are located on municipal lands outside of the public road rights -of -way. At least one station is located on private property. Facilities located within public road rights -of -way will not equire the transfer of total property rights. Only the station and conveyance pipes, themselves, will be transferred. SPS and conveyance pipes located on municipal lands outside of public roads will require the transfer to the Region of whatever property rights Area Municipalities enjoy (e.g. fee simple, easement, right -of -way and lease). Area Municipalities will be responsible to provide a registerable legal description (i.e. a Reference Plan). If applicable, Area Municipalities will be required to obtain acceptable property rights and transfer those rights to the Region before ownership transfer can be finalized. Input From Wastewater Division Staff The Water and Wastewater Division staff, in consultation with the City of Welland Staff, confirmed that the Fitch Street and Quaker Road Sewage Pumping Stations will be decommissioned by the City within the next twelve (12) to eighteen (18) months and should not be included in the transfer. Therefore the Fitch Street and Quaker Road Sewage Pumping Stations will remain under the City's jurisdiction until they are removed from service and decommissioned and will not be included in this report's transfer recommendation. Therefore, the total number of sewage pumping stations to be transferred to the Region is twenty three (23). Four (4) of the sewage pumping stations (Seaway Heights SPS, Marina #1 SPS, Marina #2 SPS and Marina #3 SPS) that are locally operated do not currently have suitable equipment to facilitate ongoing monitoring as part of the Regional wastewater system. Therefore it is recommended that installation of the appropriate monitoring equipment at these stations take place prior to transferring the ownership. In addition, the Nadine Avenue SPS requires additional upgrades to address safety and other operating issues. Water and Wastewater Services Division also recently updated its design standards for sewage pumping stations. Many of the Regional stations and those to be transferred from the Area Municipalities do not currently meet the new standards. Therefore, future upgrades to the stations that will be transferred will need to be included as part of a much larger Regional sewage pumping station upgrade program over the next ten years. FINANCIAL IMPLICATIONS 10 PWA 100 -2005 May 31, 2005 Regardless, minimum requirements must be met prior to transfers to ensure appropriate control of risk respecting compliance and health and safety. The transfer of SPS and conveyance pipes identified in Tables 1 and 2 will result in additional future costs to the Region. However, these costs are estimated to be manageable compared to the Region's overall operating and capital budgets. The total Regional cost increase resulting from the transfer would be comprised of: Annual Operations and Maintenance (O &M) Costs of SPS and conveyance pipes currently operated by the Area Municipalities including projected grants in lieu of taxes that would become effective upon transfer Capital Costs related to the future upgrades or replacement of SPS and pipes currently owned by the Area Municipalities Future impact on staffing compliment and O &M resources It should be noted that there is no existing debt to be transferred. The projected annual cost increase to the Region's wastewater budget over the next ten (10) years is indicated in Table 3. The amounts shown include two percent (2 each year for inflation. Annual O &M Costs Regional costs would include O &M costs related to SPS and conveyance pipes currently owned and operated by Area Municipalities with various degrees of cost recovery. O &M costs related to facilities presently owned and operated by the Region are already included in the Region's O &M budget. The transfer will impact cost but will need to be assessed after the transfer. However, the grants in lieu of taxes would apply to all pumping stations and result in a definite cost increase. The transfer would also introduce the potential situation of discontinuous Regional ownership of the downstream sewage system; namely, where a SPS discharges to an Area Municipality's "collection" pipe network instead of to the Region's 'conveyance' system. It is recommended and required that no Area Municipal sewer charges apply to the Region in such cases. The issue of discontinuous ownership may warrant further review and possible transfer of additional pipes to rationalize the major trunk transmission systems. The Region's 2005 O &M budget for wastewater is $19.3 million and is estimated to increase to an annual $21.0 million budget over the next ten years. The transfer of ownership and operations of SPS and pipes would result in the increase for wastewater operations, including grants in lieu of taxes. This would represent an increase of approximately 0.57% to the Region's annual O &M costs. 11 PWA 100 -2005 May 31, 2005 Future Capital Costs Additional Regional capital costs would involve future capital upgrades or replacement of the locally -owned SPS and conveyance pipes. Traditionally, Area Municipalities were responsible for future capital improvements or replacements. Transferring ownership would result in a transfer of responsibility for these capital costs to the Region. Timing of future upgrades is based on component age and life expectancy. The estimated SPS service life is 20 years and 30 years for conveyance pipes. Because of age, some older components may require upgrades within the next ten years, while relatively new components may not. Table 3 shows the projected annual capital cost increase to the Region in each of the next ten years to facilitate these upgrades. The average annual increase to the Region's capital budget over the next ten years resulting from ownership transfer is estimated to be $389,000. The Region's existing annual Wastewater Capital Program is in the order of $30 million and estimated to reach $36,000,000 per year over the next ten years. As a result, future additional Regional capital expenditures that would be incurred would approximate 1.15 of the annual wastewater capital budget. This is estimated to be approximately $510,000 per year on average. When the capital and O &M costs are considered within the total, annual Wastewater budget, the net impact is expected to be just less than 1 Increased Asset Value In assuming ownership of SPS and pipes, the Region's asset base would also be increased. Based on replacement costs, this is estimated to be approximately $4.15 million for the pumping stations and $2.04 million for the pipes for a total of approximately $6.19 million. Table 3: Future Cost Increases to the Region (including 2% Inflation) 2005 2006 2007 2008 2009 2010 110,428 112,637 114,890 117,187 119,531 121,922 0.57% 0.57% 0.57% 0.57% 0.57% 0.57% 56,100 317,166 424,483 216,486 552,040 275,910 0.12% 0.80% 1.13% 0.59% 1.50% 0.78% 166,528 429,803 539,373 333,674 671,572 397,832 0.26% 0.67% 0.91% 0.58% 1.18% 0.69% of Region's O &M Budget of Region's Wastewater Capital Budget of Region's Combined O&M and Capital Wastewater Budget PWA 100 -2005 May 31, 2005 2011 2012 2013 2014 Average /yr 124,360 0.57% 126,847 129,384 131,972 $120,915.86 0.57% 0.57 0.57% 0.57% 109,125 234,332 239,019 1,462,793 $388,745 0.32% 233,485 0.41% 0.69% 0.75% 4.86% 1.15% 361,179 368,403 $1,594,765 509,661.32 0.64% 0.66% 2.92% 0.89% Financial Impact The transfer of responsibility for 23 additional pumping stations will impact the operating and capital budgets. Minor capital needs have been defined and must be addressed in advance of the transfer. Capital requirements of an urgent nature will be accommodated in the approved Wastewater Capital Budget under Emergency Repairs, Equipment Replacements and similar systems wide budget allocations. Major capital needs will be included in future capital programs. Operating costs and impacts will be minor given the partial year impacts and allowance in current budgets for previous O &M services. Future operating budgets will include the full O &M costs for all transferred pumping stations and pipe systems. SUMMARY The Implementation Committee reviewed the ownership and responsibility issues associated with sewage pumping stations and conveyance pipes in Niagara. Transfer of ownership to the Region of the locally -owned SPS and their respective conveyance pipes will clarify the matter of SPS responsibility and have a net impact on improving standards, maintenance and as well as single service responsibility. The transfer includes the potential situation of discontinuous Regional ownership of the downstream sewage system. This may warrant further review and possible additional pipe transfers to rationalize the major trunk transmission systems. 12 Submitted by: Approved by: Ian Neville, MPA, P. Eng. Mike Trojan Commissioner of Public Works Chief Administrative Officer 13 PWA 100 -2005 May 31, 2005 The draft of this report and the attached policy were reviewed by the Water Strategy Implementation Committee (WSIC) in October 2004 and by the Public Works Officials on December 14; 2004 and finally on April 22, 2005. The financial impact to the Region would be manageable and in the order of 1% of total wastewater expenditures compared to existing annual budgets for wastewater services. Therefore, it is recommended that the Region assume ownership for all current and future sewage pumping stations and conveyance pipes. The report also recommends approval of the policy respecting ownership of these facilities and addressing the discontinuous ownership issue and other matters, subject to approval by Area Municipal Councils. This report was prepared by Bob Steele, MA, MCIP, RPP, and reviewed by Chado Brcic, M.Sc., P.Eng., Director Water Wastewater Services Division. DEVELOPED BY: APPROVED BY: EFFECTIVE DATE: POLICY STATEMENT: OWNERSHIP AND OPERATIONS Appendix A CORPORATE ADMINISTRATIVE POLICY MANUAL SEINAG PU MPINGSTATIONS AND CONVEYANC PIPES PUBLIC WORKS DEPARTMENT REGIONAL COUNCIL September 1, 2005 DATE: LATEST REVISION: To establish responsibility for the ownership and operation of Sewage Pumping Stations and Conveyance Pipes (Trunk Sewers and Forcemains) in Niagara and the requirements for the design, construction, management, replacement and financing of these assets. This policy does not address pumping stations that are required solely for groundwater and/ or storm water management 1. Regional Niagara (Region) shall own all existing and future Sewage Pumping Stations located within and connected to the Region's wastewater system and within the Area Municipal wastewater collection system. 2. The Region shall own all existing and future Conveyance Pipes. These are defined as the forcemains and gravity trunk sewers that serve the sole function of transferring the wastewater from the municipal collection systems to the Wastewater Treatment Plants for treatment. 3. Gravity sewers that serve a dual role of collection (provides or intends to have direct service connections to users) and transfer of the wastewater to the plants are deemed to be part of the Area Municipal Wastewater Collection System and will remain under the ownership and jurisdiction of the Area Municipalities. 4. The Region shall be responsible for operation, maintenance, upgrades and replacement of all municipally owned Sewage Pumping Stations and Conveyance Pipes. 5. The Region shall assume ownership of new Sewage Pumping Stations established by others only if the Region is satisfied that its requirements are met, the warranty period has expired and the necessary property has been transferred to the Region free and clear of all liens, mortgages and other encumbrances. These would include only those Sewage Pumping Stations for which ownership would have normally been assumed by the Area Municipalities. 6. The Regional ownership of existing and future Sewage Pumping Stations may be "discontinuous That is, the Region may own Sewage Pumping Stations that discharge into Area Municipal "collection" pipes prior to entering the Regional "conveyance" pipes. In such cases, the Region shall not pay the wastewater charges normally assessed by the Area Municipalities to private owners. 1 Page 1 of 2 Appendix A ESTABLISHMENT OF NEW SEWAGE PUMPING STATIONS AND CONVEYANCE PIPES 1. In many instances, Gravity Sewers may have a higher capital (initial) cost than Sewage Pumping Stations and forcemains but may be more economical over the long -term due to the annual operating costs associated with Sewage Pumping Stations. Therefore Gravity Sewers shall be considered by designers as the preferred method of service unless life cycle costs comparisons between the two options clearly indicate otherwise. The cost comparison shall be undertaken using the requirements identified in Schedule A to this Policy. For the purposes of this policy, life cycle cost shall be defined as: "All costs associated with the planning, development, approva /s, design, construction, operation and maintenance of the new asset throughout its expected life 2. Prior to concluding that a new Sewage Pumping Station is necessary in a particular application, the life cycle costs estimates for the proposed Sewage Pumping Station shall be clearly identified and compared to the life cycle costs estimates for the Gravity Sewer alternative to clearly determine which is more economical. 3. All new Sewage Pumping Stations shall be designed and constructed in accordance with the Region's latest Project Design and Technical Specifications Manual and MOE requirements 4. All new Conveyance Pipes shall be designed and constructed in accordance with the Region's latest Project Design and Technical Specifications Manual (specifically the Region's latest design standards for Gravity Sewers and Forcemains) and the MOE requirements. 5. For all new Sewage Pumping Stations and Conveyance Pipes, consideration shall be given to a catchment area that would meet ultimate build out needs and or address known servicing deficiencies. 6. The requirements of this policy shall also apply to the establishment of new Sewage Pumping Stations proposed as part of the servicing of new developments. Any proposed new Sewage Pumping Station must be approved by Regional Niagara in accordance with the Region's latest servicing and subdivision approvals process and MOE requirements. 7. Any proposed new Sewage Pumping Station shall be discussed with Regional Niagara Public Works Department prior to the circulation of the application that is normally submitted by the developer to the Area Municipality, for development approvals. Region of Niagara approvals shall be obtained in accordance with the procedures outlined in Schedule B Approvals Procedure, as amended from time to time 8. The timing of the construction, by Regional Niagara, of new Sewage Pumping Stations and associated Conveyance Pipes external to a specific development but within the existing Regional or Area Municipal Wastewater Systems, in cases where such work is required earlier to facilitate new development, shall be advanced by the Region provided that the developer agrees to an upfront contribution of 25 percent of the estimated cost prior to initiation of work in order to ensure that the development will proceed to fruition. Note that the contribution will be returned by the Region to the original contributor(s) in 10 equal annual installments (without interest) commencing 1 year after the first building permit is issued for a lot within the respective Registered Plan(s). This does not apply to Sewage Pumping Stations, Gravity Sewers and Forcemains that are internal to the specific development 2 Appendix A 9. The timing and expense of the construction of new Sewage Pumping Stations and associated Gravity Sewers and Forcemains internal to a specific development shall be the sole responsibility of the developer but otherwise must comply with this policy. 10. The establishment of new Sewage Pumping Stations for an 'interim period' to facilitate servicing of new developments may be considered in situations where gravity sewers are required over the long -term provided that the respective Area Municipality(ies) agrees to share the cost of future installation of the gravity system to replace the interim Sewage Pumping Station. The cost sharing and scheduling shall be negotiated on a project specific basis. UPGRADES TO EXISTING SEWAGE PUMPING STATIONS AND CONVEYANCE PIPES 1. The timing of upgrades and modifications to existing Sewage Pumping Stations and Conveyance Pipes shall be advanced by Regional Niagara in cases where such work is required earlier to facilitate new development provided that the developer agrees to an upfront contribution of 25 percent of the estimated cost prior to initiation of work to ensure that development will proceed to fruition in a timely manner. Note that the contribution will be returned by the Region to the original contributor(s) in 10 equal annual installments (without interest) commencing 1 year after the first building permit is issued for a lot within the respective Registered Plan(s). This does not apply to Sewage Pumping Stations, Gravity Sewers and Forcemains that are internal to the specific development. 2. Upgrades and modifications to existing Sewage Pumping Stations shall be designed and constructed in accordance with the latest version of the Region's Project Design and Technical Specifications Manual (specifically the Region's latest design standards for Sewage Pumping Stations) and MOE requirements. 3. Upgrades and modifications to existing Conveyance Pipes shall be designed and constructed in accordance with the latest version of the Region's Project Design and Technical Specifications Manual (specifically the Region's latest design standards for Gravity Sewers and Forcemains) and MOE requirements. COST RECOVERY 1. In general, the Region shall recover the full costs associated with the ownership, construction, operation, upgrade and replacement of Sewage Pumping Stations and Conveyance Pipes (except for those facilities intended to service a specific local development only) by including such costs in its annual uniform sewage rate. 2. The Region shall initially recover 25 percent of the cost of upgrades and replacement of existing Sewage Pumping Stations and Conveyance Pipes or establishment of new Sewage Pumping Stations and Conveyance Pipes directly from the developer in cases where developer contributions are required to advance the construction of the project noting that the contribution will be returned by the Region to the original contributor in 10 equal annual installments (without interest) commencing 1 year after the first building permit is issued for a lot within the Registered Plan. 3. The Region shall recover, from the respective Area Municipality(ies), a portion of the cost of replacing "interim" Sewage Pumping Stations with gravity sewers in cases where Sewage Pumping Stations are required for a short-term period. 3 SCHEDULE A REQUIREMENTS FOR UNDERTAKING LIFE CYCLE COST COMPARISON Appendix A 1. All cost comparisons shall be undertaken using the Net Present Value (NPV) method. 2. The NPV of the Sewage Pumping Station (SPS) Option shall be calculated and compared to the NPV of the Gravity Sewer Option. 3. The period "n" to be used for NPV calculations shall be 75 years. This is the expected service life of a gravity sewer pipe. 4. The expected service life of a Sewage Pumping Station shall be 25 years 5. The SPS costs to be incurred during the period (75 years) shall include as a minimum: Initial Capita/ Costs. These are the costs associated with planning, land acquisition, approvals, design, construction and commissioning of new Sewage Pumping Station Cost of future capita/ upgrades. These are capital costs required for capacity increases such as new pumps, larger forcemains etc. The initial and future capital costs of outright replacement of the sewage pumping station with a new higher capacity SPS shall also be included where such situations are anticipated. Asset Management Costs. These are future capital upgrades required for asset preservation and renewal (including structural, mechanical, electrical, HVAC, controls, SCADA). Asset related capital costs shall be included every ten (10) years as a minimum. Operations Maintenance (O&M) Costs. These are the costs related to the daily operation and maintenance and repair of the SPS to meet service and regulatory compliance needs. These costs shall include labour, equipment, materials, property taxes, electricity, gas and water. 6. The Gravity Sewer costs to be incurred during the period (75 years) shall include as a minimum: Initial Capita/ Costs. These are the costs associated with planning, land acquisition, approvals, design, construction and commissioning of the new Gravity Sewer Cost of future capital upgrades. This is the cost of replacing the pipe (within the 75 year time frame) with a larger capacity sewer main to meet future demand where such situations are anticipated. Operations Maintenance (O&M) Costs. These are the costs related to the daily operation and maintenance and repair of the gravity sewer to meet service and regulatory compliance needs. These costs shall include labour, equipment and materials. The cost of sewer inspections shall be included every 10 years for the length of gravity sewer proposed. 7. Regional design standards for pumping stations and pipe systems must be utilized in all cost calculations. 8. The discount rate to be used shall be 5 percent. 9. All costs, including future costs, shall be in "current year" dollars. 4 SCHEDULE B REGIONAL NIAGARA APPROVALS PROCEDURE FOR SEWAGE PUMPING STATIONS Appendix A 1. The Developer (or the Developer's Agent) shall contact the respective Area Municipality for the drainage area and downstream local sewer system capacity information. The Area Municipality shall also advise the Developer of the Region's requirements as outlined in the Region's Sewage Pumping Station and Conveyance Pipe Policy as amended from time to time. 2. Prior to approaching the Region for approval, the Area Municipality shall ensure that there is sufficient downstream capacity in the local sewer system to accommodate the proposed new development. If capacity upgrades to the local sewer system are required, then the Area Municipality shall provide confirmation to the Region that it intends to undertake the required capacity upgrades at its cost which may or may not be shared by the Developer. 3. If the development requires a new 'non- private' or 'privately owned' sewage pumping station, then the Area Municipality shall contact the Region (Servicing Approvals Section) to arrange a meeting with the appropriate Regional staff (i.e. Servicing Approvals Section, Water Wastewater Division and Planning Department) with or without the Developer's (or Agent's) presence to discuss the design parameters and Regional requirements. These Regional requirements shall include, but not necessarily be limited to, submission of Life Cycle Cost or net present value comparisons and adherence to the Region's Design and Technical Specifications Standards. 4. The developer shall directly or through the instructions/auspices of the local municipality, retain the services of a competent Consulting Engineer (acceptable to both the Region and local municipality) to initiate the design of said facility. 5. All responsibility for 'non municipal' and 'privately owned' sewage pumping stations shall be borne directly by the developer save and except any contribution that may be paid by the Area Municipality for lands included within the drainage area not owned by the Developer. The Area Municipality shall be responsible for making all necessary arrangements with the Developer for such payment. 6. Prior to tendering the construction of sewage pumping stations, the Developer (or agent or consultant) shall submit the design including background information through the Area Municipality for its approval and then forward to the Region (Servicing Approvals Section) for review and approval. The Region shall review the design and provide its comments to the Area Municipality within three (3) weeks of receiving the information. The appropriate changes to the tender documents shall be made by the Developer's Engineering Consultant prior to tendering. 7. The submission for MOE Approval of the sewage pumping station shall be submitted in triplicate (minimum) to the Area Municipality for accuracy and completeness prior to forwarding to the Region (Serving Approvals Group) for processing. The submission must include a certified cheque for the appropriate 'MOE Review Processing Fee' made payable to the MOE and the Area Municipality must sign three separate applications (minimum) in the area designated as 'Statement of Municipality'. 5 Appendix .A When the Region is satisfied, it will be send the submission (retaining one copy for the Region's files) with a recommendation for approval, to the MOE in Toronto for processing and issuance of the necessary Certificate of Approval. 8. Conditions and requirements in certificates of approval must be acceptable to Niagara Region prior to final issuance by the Ministry of Environment. 9. As part of the 'Development Agreement' entered into by the Area Municipality with the Developer, sufficient funds must be provided/ secured for the inspection of the sewage pumping station construction. Such inspection services shall be undertaken by qualified personnel and must receive the approval of the Region (Water Wastewater Division) prior to commencement of construction. Note that the Area Municipality will be responsible for the completion of the facility in accordance with the approved design by the Region. 10. The Region (Water Wastewater Division staff) shall monitor all phases of the construction activities and shall be given the opportunity to participate in all meetings. Additional work and or speclalled site inspection services may be required. Additional compensation for such work will be the responsibility of the Area Municipality and /or the Developer. 11. Prior to formally accepting the new sewage pumping station, the Area Municipality through the Developer's Consultant, must confirm in writing that the facility has been constructed in accordance with the design (as may have been modified) as approved by the Region. Also, confirmation must be given that all deficiencies are completed to the Region's satisfaction, clearances are provided for all regulatory requirements (e.g. Liens, WCC, etc.) with no debts outstanding, the respective property has been surveyed and described on a reference plan and in a deed, the prescribed warranty period has lapsed. The appropriate Equipment and Operating Manuals and As -Built Drawings have been provided to the Region and Regional Operating staff involved in commissioning and trained in the operation of the facility. 12. Subject to the foregoing, the Region will officially assume ownership and operation responsibility and register the deed in the Region's name as well as initiate an amendment to the Certificate of Approval to indicate that the Region is the owner of the sewage pumping station. 6 CITY OF NIAGARA FALLS By -law No. 2006- A by -law to amend By -law No. 79 -200, to permit the development of a residential plan of subdivision on the west side of Kalar Road, south of Lundy's Lane, east of Gamer Road and on the north side of the hydro corridor. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Sheet B5 of Schedule "A" to By -law No. 79 -200 is amended byredesignating from DH to R1 E, in part, R3 and numbered 743, in part, R4 and numbered 744, in part, I, in part, EPA and numbered 745, in part, and OS, in part, the land on the west side of Kalar Road, south of Lundy's Lane, east of Garner Road and on the north side of the hydro corridor, being part of Township Lots 150 and 155, in the former Township of Stamford, now in the City of Niagara Falls, in the Regional Municipality of Niagara and shown hatched and designated R1E, in part, R3 and numbered 743, in part, R4 and numbered 744, in part, I, in part, EPA and numbered 745, in part, and OS, in part, on the plan Schedule 1 attached to and forming part of this by -law. 2. Notwithstanding the provisions of Table 1 of clause (a) and clause (c) of section 4.19.1, and in addition to the regulations contained in section 7.8.2 of By -law No. 79 -200, no person shall use the land described in section 1 of this by -law and shown hatched and designated R3 and numbered 743 on the plan Schedule 1 attached hereto, or erect or use any building or structure thereon, except in compliance with the following regulations: (a) Minimum number of parking spaces 2 per dwelling unit which do not need to be readily accessible at all times (b) Minimum number of private garages 1 per dwelling unit 3. Notwithstanding the provisions of subclause (f)(i) of section 7.9.2, and in addition to the regulations contained in section 7.9.2 of By -law No. 79 -200, no person shall use the land described in section 1 of this by -law and shown hatched and designated R4 and numbered 744 on the plan Schedule 1 attached hereto, or erect or use any building or structure thereon, except in compliance with the following regulations: (a) Minimum exterior side yard width for 6 metres a townhouse dwelling (b) Minimum yard depth between the rear 7.5 metres exterior wall of any townhouse dwelling unit and any property line 4. No person shall use the land described in section 1 of this by -law and shown hatched and designated EPA and numbered 745 on the plan Schedule 1 attached hereto, for any purpose, or permit any building or structure to be erected on the land or permit any soil, sand, gravel, rubbish or other similar material to be placed or dumped, or remove any soil or trees or regrade any of the land except for public services including walkways. 5. Section 19 of By -law No. 79 -200 is amended by adding thereto the following: 19.1.743 Notwithstanding the provisions of Table 1 of clause (a) and clause (c) of section 4.19.1, and in addition to the regulations contained in section 7.8.2 of By -law No. 79 -200, no person shall use the land on the west side of Kalar Road, south of Lundy's Lane and on the north side of the hydro corridor, designated R3 and numbered 743 on Sheet B5 of Schedule "A except in compliance with By -law No. 2006- 19.1.744 Notwithstanding the provisions of subclause (f)(i) of section 7.9.2, and in addition to the regulations contained in section 7.9.2 of By -law No. 79 -200, no person shall use the land on the west side of Kalar Road, south of Lundy's Lane, designated R4 and numbered 744 on Sheet B5 of Schedule "A except in compliance with By -law No. 2006- 19.1.745 No person shall use the land west of Kalar Road, south of Lundy's Lane, east of Gamer Road and north of the hydro corridor, designated EPA and numbered 745 on Sheet B5 of Schedule "A except in compliance with By -law No. 2006- Passed this twentieth day of March, 2006. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: March 20, 2006 March 20, 2006 March 20, 2006 -2- SCHEDULE 1 TO BY -LAW No. 2006- Subject Land Description: V II 41:19:m 40:29 m J 9820 m 36:53 :m 34 :60 m 19.83 92:00 m 122:59 m 123.10 m 140.66 m 179.58 m 71.18 m 66.01 m 93.00 m 209.70 m 3 35.02m 'r 66.27 m 26.04 m r 44.09 m C\ 42.52 m \S f, 'HYDRO CORRIDOR 3 28.26 m 78.11 m 28.31 m I l sr p'. 264.81 m o 3 WESiNO ST Amending Zoning By -law No. 79 -200 Part of Township Lots 150 and 155, in the former Township of Stamford, now in the City of Niagara Falls, in the Regional Municipality of Niagara Applicant: River Realty Development (1976) Inc. 1:NTS AM- 27/2005 K: \GIS_Requests\ 2005\ Schedules \ZoningAM\AM -27 \mapping.map March 2006 A by -law to establish Parts 2 and 3 on Reference Plan 59R -12876 as a public highway, to be known as and to form part of Grassy Brook 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 Part Lot 8 Concession Broken Front Crowland designated as Parts 2 and 3 on Reference Plan 59R 12876, in the City ofNiagara Falls, in the Regional Municipality of Niagara, be established for public highway purposes. 2. That said Parts 2 and 3 on Reference Plan 59R -12876 that are hereby established as a public highway, be known as and form part of Grassy Brook Road. Passed this twentieth day of March, 2006. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: March 20, 2006. March 20, 2006. March 20, 2006. CITY OF NIAGARA FALLS By -law No. 2006 A by -law to establish Parts 6 and 7 on Reference Plan 59R -12876 as a public highway, to be known as and to form part of Grassy Brook 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 Part Lot 7 Broken Front Crowland; Part Lot 8 Concession Broken Front Crowland designated as Parts 6 and 7 on Reference Plan 59R 12876, in the City of Niagara Falls, in the Regional Municipality of Niagara, be established for public highway purposes. 2. That said Parts 6 and 7 on Reference Plan 59R -12876 that are hereby established as a public highway, be known as and form part of Grassy Brook Road. Passed this twentieth day of March, 2006. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: March 20, 2006. March 20, 2006. March 20, 2006. CITY OF NIAGARA FALLS By -law No. 2006 CITY OF NIAGARA FALLS By -law No. 2006 A by -law to designate the Urban Area in the Niagara Falls Official Plan, as amended from time to time, as a Community Improvement Project Area. WHEREAS Section 28(2) of the Planning Act provides that the council of a municipality that has an official plan that contains provisions relating to community improvement may, with the approval of the Ministry of Municipal Affairs and Housing, by by -law designate the whole or any part of an area covered by such an official plan as a Community Improvement Project Area; AND WHEREAS the Council of the Corporation of the City of Niagara Falls has deemed it in the interest of the Municipality to designate the land hereinafter described as the "Urban Area in the Niagara Falls Official Plan, as amended from time to time, as a Community Improvement Project Area THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The lands identified on the plan set out in Schedule "A" and described in Schedule `B attached hereto and forming part of this by -law, are hereby designated as a community improvement area to be known as the Urban Area in the Niagara Falls Community Improvement Project Area, in accordance with the provisions of Section 28(2) of the Planning Act. 2. This by -law shall not come into effect until it is approved by the Minister of Municipal Affairs and Housing. Passed this 20 day of March, 2006. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: March 20, 2006 March 20, 2006 March 20, 2006 SCHEDULE A Legend 0 0.5 1 2 Area 1 Pilot Project Area —I MEM. Kilometers 1:70,000 Area 2 General Areas for Community Improvement Area 3 Rest of Urban Area 1 1 Community Improvement City of Niagara Falls Canada Project Area Boundary City Wide Community Improvement Plan Brownfields Community Improvement Project Area SCHEDULE `B" to By -law No. 2006- The Niagara Falls Brownfield Community Improvement Project Area consists of the area within the Urban Area in the Niagara Falls Official Plan, as amended from time to time, in the City of Niagara Falls, Regional Municipality of Niagara. CITY OF NIAGARA FALLS By -law No. 2006 A by -law to adopt a Brownfield Community Improvement Plan. WHEREAS the Council of the Corporation of the City of Niagara Falls has designated the area within the Urban Area in the Niagara Falls Official Plan, as amended from time to time, as a Community Improvement Project Area by By -law No. 2006 passed pursuant to subsection 2 of Section 28 of the Planning Act, on the 20 day of March, 2006; AND WHEREAS the Council may, pursuant to subsection 28(4) of the Planning Act, adopt a Community Improvement Plan; AND WHEREAS the Brownfield Community Improvement Plan for Niagara Falls conforms with the Official Plan of the Niagara Falls and Suburban Planning Area, Amendment No. 65, Niagara Falls Section; AND WHEREAS the Council now deems it desirable to adopt the said Community Improvement Plan. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The Niagara Falls Brownfield Community Improvement Plan consisting of the attached maps and schedules and explanatory text, is hereby adopted, provided, however, that the Appendices thereto do not form part of the said plan. 2. That the Clerk is hereby authorized and directed to make application to the Ministry of Municipal Affairs and Housing for approval of the aforementioned Downtown Niagara Falls Community Improvement Plan. 3. This by -law shall come into force and take effect on the day of its approval by the Minister of Municipal Affairs and Housing. Passed this 20 day of March, 2006. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: March 20, 2006 March 20, 2006 March 20, 2006 CITY OF NIAGARA FALLS By -law No. 2006 A by -law to amend the description of part of a highway previously closed by By -law No. 2005 -59 of The Corporation of the City of Niagara Falls. WHEREAS Section 11 of the Municipal Act, 2001, provides, in part, that the council of every municipality may pass by -laws in respect to a highway; AND WHEREAS By- law No. 2005 -59 of The Corporation of the City of Niagara Falls was passed April 18, 2005 to permanently close a section of the local highway know as Ramsey Road; AND WHEREAS it is the intention of The Corporation of the City of Niagara Falls to convey the section of Ramsey Road closed by By -law No. 2005 -59; AND WHEREAS the lands comprising Part 1 on 59R -13022 are one and the same as the lands described in Section 1 of By -law No. 2005 -59; AND WHEREAS the description of those lands used in Section 1 of By -law No. 2005 -59 is not in a form acceptable to the Land Registry Office of the Land Registry Division of Niagara North (No.59); AND WHEREAS the Land Registry Office requires a registerable description of the lands. AND WHEREAS the purpose of this by -law is to amend section 1 of By -law No. 2005 -59 so that the description of the section of the local highway that is known as Ramsey Road that was closed by By -law No. 2005 -59 will include a reference to Part 1 on Plan 59R- 13022; AND WHEREAS the Council of The Corporation of the City of Niagara Falls now deems it expedient to pass this by -law; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. By -law 2006 -59 be amended to read Part of Township Lots 212 to 216, part of road allowance between Township Lots 212 and 213 and between Township Lots 214 and 215, being north of Chippawa Parkway and east of Dorchester Road being Part 1 in Reference Plan 59R- 13022; in the City of Niagara Falls, in the Regional Municipality of Niagara. 2. The Mayor and Clerk are hereby authorized to execute all documents that may be required for the purpose of carrying out the intent of this by -law and the Clerk is hereby authorized to affix the corporate seal thereto and to deliver such documents. Passed this twentieth day of March, 2006. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: March 20, 2006. March 20, 2006. March 20, 2006. A by -law to amend By -law No. 2005 -85, being a by -law to permit an increased building envelope and height for an enclosed water park and a series of enclosed pedestrian walkways, respectively. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. By -law No. 2005 -85 is amended by deleting Schedules 2 and 3 and Schedules 2 and 3 attached hereto shall be inserted in lieu thereof. Passed this twentieth day of March, 2006. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: March 20, 2006 March 20, 2006 March 20, 2006 CITY OF NIAGARA FALLS By -law No. 2006 SCHEDULE 2 TO BY -LAW No. 2005 -85 Subject Land Amending Zoning By -law Nos. 79 -200 and 5335, 1955 Description: Applicant: Maximum Building Height Location Above Geodetic Survey of Canada Elevatlon 166.3 m 37 m See Appendices "A" and "B" 1032514 Ontario Limited 1006092 Ontario Limited Canadian Niagara Hotels Inc. Greenberg International Inc. Maple Leaf Entertainment Inc. I:N S AM- 03/2006 Pansy 2006 SCHEDULE 3 TO BY -LAW No. 2005 -85 Subject Land Amending Zoning By -law Nos. 79 -200 and 5335, 1955 Description: Applicant: Location J Maximum Building Height Above Geodetic Survey of Canada Elevation 166.3 m 54m 45 m See Appendices "A" and "B" 1032514 Ontario Limited 1006092 Ontario Limited Canadian Niagara Hotels Inc. Greenberg International Inc. Maple Leaf Entertainment Inc. S l:NES AM- 03/2006 CITY OF NIAGARA FALLS By -law No. 2006 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 20 day of March, 2006. 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 20t day of March, 2006 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 Iaw 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 twentieth day of March, 2006. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: March 20, 2006. March 20, 2006. March 20, 2006.