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HomeMy WebLinkAbout10-24-2023 AGENDA City Council Meeting 4:00 PM - Tuesday, October 24, 2023 Council Chambers/Zoom App. All Council Meetings are open to the public in person, in Council Chambers or watched virtually. All electronic meetings can be viewed on this page, the City of Niagara Falls YouTube channel, the City of Niagara Falls Facebook page, along with YourTV Niagara. Page 1.CALL TO ORDER O Canada: Sandy Bird (performing anthem in Chambers) Land Acknowledgement and Traditional Indigenous Meeting Opening 2.ADOPTION OF MINUTES 2.1.Council Minutes of October 3, 2023 City Council - 03 Oct 2023 - Minutes - Pdf 11 - 26 3.DISCLOSURES OF PECUNIARY INTEREST Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. 4.MAYOR'S REPORTS, ANNOUNCEMENTS 5.PLANNING MATTERS 5.1.PBD-2023-62 (2 Petitions added and comments added) AM-2021-016 & AM-2022-015, Official Plan Amendment & Zoning By-law Amendment Applications 9015 & 8970 Stanley Avenue, Lands to the East and West of 8970 Stanley Avenue, and Lands on the South Side of Lyons Creek Road, East of Stanley Avenue Applicant: 2610823 Ontario Inc. (Angelo Butera) Agent: Upper Canada Consultants (Craig Rohe) Mackenzie Ceci, Senior Planner, will provide an overview of Report PBD-2023-62. 27 - 609 Page 1 of 990 PBD-2023-062 - Pdf Presentation (Staff) - AM-2021-016 & AM-2022-015 Public Meeting Presentation (Agent) - Lyons Narrows 2023_10_18 Comments from Public AM-2021-016 AM-2022-015 2023_10_18 Comments 2 from All Public AM-2021-016 AM- 2022-015 Letter to Mayor and Council from Turkstra Mazza - (in favour of development) - Niagara Falls - Final - October 18 2023 Petition - Submitted by Leslie Laan Petition - Submitted by Marie Nobes Comments from Resident 5.1 Comments from residents (10-23-23 - 1) (Redacted) Comments from residents (10-23-23 - 2) Redacted 5.2.PBD-2023-60 Official Plan Amendment No. 155 – Delegation of Approval Authority Danielle Foley, Planning Student, will provide an overview of Report PBD-2023-60. PBD-2023-60 - Pdf Presentation (Staff) PBD-2023-60 - OPA155 - Public Meeting PowerPoint 2023_09_12 Peter Colosimo comments_Redacted OPA 155 Comments from Resident 5.2 610 - 639 5.3.PBD-2023-61 Official Plan Amendment No. 162 and Zoning By-law Amendment AM-2023-016, New Additional Dwelling Unit Policies Danielle Foley, Planning Student, will provide an overview of Report PBD-2023-61. 640 - 675 Page 2 of 990 PBD-2023-61 - Pdf Presentation (Staff) PBD-2023-61 - AM-2023-016 - ADU Public Meeting Comments from Resident 5.3 6.DEPUTATIONS / PRESENTATIONS All speakers are reminded that they have a maximum of 5 minutes to make their presentation. 6.1.Development Charges Study, CBC Strategy Update and Related By-laws Jackie Hall, Project Manager, Hemson Consulting, Ltd., will be providing a presentation to Council regarding Development Charges and Community Benefit Charges. Presentation - HEMSON_Niagara Falls_DC Study Info Session_24Oct23 676 - 690 6.2.2023-2027 Strategic Plan (Presentation added) Dale Morton, Director of Communications, will provide Council with a summary of the 2023-2027 Strategic Plan. Presentation - StrategicPlan-2023-2027_OCT-24-2023 691 - 709 7.IN CAMERA SESSION OF COUNCIL 7.1.Resolution to go In-Camera October 24 2023 - Resolution to go In-Camera 710 8.REPORTS 8.1.F-2023-23 Annual Update of OLG Spending and Commitments F-2023-23 - Pdf 711 - 755 8.2.MW-2023-28 Beck Road Bridge Replacement Tender Award MW-2023-28 - Pdf 756 - 761 Page 3 of 990 8.3.PBD-2023-63 Exemption to Plan of Condominium 26CD-11-2023-004 6701 Thorold Stone Road Applicant: 2851901 Ontario Inc. Agent: NPG Planning Solutions (Aaron Butler) PBD-2023-63 - Pdf 762 - 768 8.4.PBD-2023-64 26T-11-2019-001 Extension of Riverfront Draft Plan of Subdivision North Side of Chippawa Parkway; East Side of Dorchester Road Applicant: Centennial Homes (Niagara) Inc. (Joe Candeloro) Agent: Upper Canada Consultants (William Heikoop) PBD-2023-064 - Pdf 769 - 812 8.5.PBD-2023-66 Matters Arising from Municipal Heritage Committee Request to Designate 4299 Queen Street (Former Bank of Hamilton Building) PBD-2023-66 Matters Arising from Municipal Heritage Committee Request to Designate 4299 Queen Street Former Bank of Hamilton Building - Pdf 813 - 829 8.6.R&C-2023-09 Niagara Falls Cultural Ambassadors R&C-2023-09 - Pdf 830 - 837 8.7.F-2023-29 (Report added) 2021 Corporation of the City of Niagara Falls (Draft) Audited Consolidated Financial Statements F-2023-29 2021 Corporation of the City of Niagara Falls (Draft) Audited Consolidated Financial Statements - Pdf 838 - 886 8.8.PBD-2023-65 (Report added) Provincial Streamline Development Approval Funding Final Report 887 - 903 Page 4 of 990 PBD-2023-65 - Pdf 9.COMMUNICATIONS AND COMMENTS OF THE CITY CLERK The Communications section of the agenda is a set of items listed as correspondence to Council that could be approved in one motion of Council. If Staff feel that more than one recommendation is required, the listed communications items will be grouped accordingly. The single motion per recommendation, if required, will save time. Prior to any motion being taken, a Councillor may request that one or more of the items be lifted for discussion and considered separately. RECOMMENDATION: THAT Council approve/support Item #9.1 through to and including Item #9.3. 9.1.Proclamation and Flag-Raising Request - 16 Days of Activism Against Gender-Based Violence On behalf of the Canadian Federation of University Women, attached is a letter requesting Council proclaim Saturday, November 25, 2023 as the International Day for the Elimination of Gender-Based Violence and raising a "Wrapped in Courage" flag to raise awareness and promote gender equality. The 16 Days of Activism Against Gender-Based Violence begins on November 25, 2023, the International Day for the Elimination of Gender-Based Violence and ends on December 10, 2023, International Human Rights Day. Recommendation: For the Approval of Council. Proclamation Request - 16 Days of Activism Letter to Municipalities Proclamation for 16 days of activism 2023 904 - 906 9.2.Memo from Planning Regarding: PLC-2023-006, Request for Removal of Part Lot Control Block 107, Registered Plan 59M-484, Forestview Estates 7101-7129 Parsa Street (Kenmore Homes (Niagara Falls) Inc. has requested for Council to pass a by-law to exempt Part Lot Control from the westerly portion of Block 107 on Registered Plan 59M-484 to transfer the ownership of on-street townhouse dwelling units that are under construction). 907 - 910 Page 5 of 990 Recommendation: For the Approval of Council. Memo to Council - PLC-2023-006 - Blk 107 59M-484 By-law 2023-096 - PLC-2023-006 - Pt. Blk 107 59M-484 9.3.Memo from Planning Regarding: PLC-2023-007, Request for Removal of Part Lot Control Blocks 1 to 5, Registered Plan 59M-493, Bentley Common 5901 to 6009 Bentley Common (1746362 Ontario Corporation has requested for Council to pass a by-law to exempt Part Lot Control from Blocks 1 to 5 on Registered Plan 59M-493 to transfer the ownership of townhouse dwelling units that are under construction). Recommendation: For the Approval of Council. Memo to Council - PLC-2023-007 - Blk 1-5 59M-493 By-law 2023-099 - PLC-2023-007 - Blk 1-5 59M-493 911 - 913 10.COMMUNICATIONS AND COMMENTS OF THE CITY CLERK RECOMMENDATION: THAT Council receive and file for information Item #10.1 through to and including Item #10.6. 10.1.Resolution - Unsanctioned Car Rallies - Town of Wasaga Beach Attached is a resolution from the Town of Wasaga Beach requesting that a provincial task force be assembled to create a municipal response framework to protect communities from unsanctioned car rallies. Recommendation: For the Information of Council. Illegal Car Rally - Provinical Task Force 914 - 915 10.2.Resolution - Town of Cobourg - Illegal Land Use Enforcement. Attached is a resolution passed by the Town of Cobourg Council at its October 2, 2023 meeting. Recommendation: For the Information of Council. 916 - 917 Page 6 of 990 314-23 Illegal Land Use Enforcement 10.3.Resolution - Township of Archipelago - Cigarette Producer Responsibility Attached is a resolution that the Township of Archipelago passed at its regular meeting of Council held on October 13, 2023 regarding cigarette producer responsibility. Recommendation: For the Information of Council. Resolution - Township of Archipelago - 23-178 Cigarette Producer Responsibility 918 - 919 10.4.Letter from Minister of Municipal Affairs and Housing - Honourable Paul Calandra - Proposed Legislation to Return Lands to the Greenbelt and Oak Ridges Moraine The attached letter is to inform Council that the Ontario government introduced legislation that if passed, would restore the 15 parcels of land that were redesignated or removed from the Greenbelt Plan and the Oak Ridges Moraine Conservation Plan areas in late 2022. The Greenbelt Statute Law Amendment Act, 2023, if passed, would enhance protections for these areas by ensuring any future boundary changes can only be made through an open, public and transparent legislative process. Recommendation: For the Information of Council. Letter from Minister of Municipal Affairs & Housing 920 - 923 10.5.Complaint of Contravention of Code of Conduct Attached is a letter from the Integrity Commissioner regarding the conclusion of an investigation with no contravention of the Code of Conduct. Recommendation: For the Information of Council. Ltr to Mr. Matson regarding Complaint of Contravention of Code of Conduct IC-23622-0423 924 10.6.Comments from resident Comments from Resident 10.6 925 - 958 Page 7 of 990 11.RESOLUTIONS 11.1.Resolution - AM-2023-005 - 7081 McLeod Road - Minor Revision to Zoning By-law A public meeting was held on June 20, 2023 to consider approvals to permit a 5 storey apartment dwelling building on lands known as 7081 McLeod Road. Council passed By-law No.2023-077 to facilitate the proposed development—no changes have been made to the site plan since the public meeting. Please see the attached resolution to deem minor the following changes: to amend the exterior side yard width to state 4.4 m (plus 14.3 m to centreline of McLeod Road), to state the minimum interior side yard width to the furthest northern interior side yard lot line is 16.9 m, to clarify that a decorative wall or decorative fence is not required between the 1.5 m width between parking spaces and front lot line, and to clarify that a projection of a balcony is permitted into a required side yard. In addition, By-law No. 2023-077 is to be repealed. No. 14 - Resolution - AM-2023-005 -7081 McLeod Rd- ZBA 959 - 960 11.2.Resolution - Riverfront - Minor Changes to the Conditions of Approval Please see the attached resolution to deem the changes to the condition of approval for the Riverfront Draft Plan of Subdivision to be minor. The following addition to the conditions of approval is proposed in report PBD-2023-064: to insert a standard warning clause regarding potential noise and odour from the proposed South Niagara Falls Wastewater Treatment Plant. No. 15 - Resolution to Council - Riverfront - Minor Change 961 12.RATIFICATION OF IN-CAMERA 13.NOTICE OF MOTION/NEW BUSINESS Except as otherwise provided in the Procedural By-law, all Notices of Motion shall be presented, in writing, at a Meeting of Council, but shall not be debated until the next regular Meeting of Council. A Motion may be introduced without notice, if Council, without debate, dispenses with the requirement for notice on the affirmative vote of two- thirds of the Members present. 14.BY-LAWS The City Clerk will advise of any additional by-laws or amendments to the by-law listed for Council consideration. Page 8 of 990 2023- 094. A by-law to amend By-law No. 2017-101 being a by-law to regulate the sale and setting off of fireworks and pyrotechnic special effects within the City of Niagara Falls to introduce new regulatory provisions. By-law 2023-094 -10 24 2023 Fireworks By-law Amendment.2023-094 962 - 963 2023- 095. A by-law to exempt the property municipally known as 6701 Thorold Stone Road from the requirements for approval of condominium descriptions under Sections 51 and 51.1 of the Planning Act. By-law 2023-095 - 26CD-11-2023-004 - 6701 Thorold Stone Road 964 2023- 096. A by-law to designate Part of Block 107, Registered Plan 59M- 484, not to be subject to part-lot control (PLC-2023-006). By-law 2023-096 - PLC-2023-006 - Pt. Blk 107 59M-484 965 - 966 2023- 097. A by-law to amend By-law No. 79-200, to permit the use of the lands for a 7-unit apartment dwelling and to repeal By-law No. 1985-155 (AM-2023-011). By-law 2023-097 - AM-2023-011 - 5504 Lewis Avenue - ZBA 967 - 969 2023- 098. A by-law to amend By-law No. 79-200, to permit a detached dwelling (AM-2023-012). By-law 2023-098- AM-2023-012 - 8178 Thorold Stone Rd- ZBA 970 - 972 2023- 099. A by-law to designate Blocks 1, 2, 3, 4 and 5, Registered Plan 59M-493, not to be subject to part-lot control (PLC-2023-007). By-law 2023-099 - PLC-2023-099 - Blk 1-5 59M-493 973 - 975 2023- 100. A by-law to amend By-law No. 79-200, to permit eighteen stacked townhouse dwelling units within one four storey building subject to the removal of a holding (H) symbol (AM- 2022-029). By-law 2023-100 - AM-2022-029 - 6633 McLeod Road - ZBA 976 - 979 2023- 101. A by-law to amend By-law No. 79-200, to permit the use of the lands for a 5 storey, apartment dwelling with 50 dwelling units 980 - 983 Page 9 of 990 and repeal By-law No. 2023-077 (AM-2023-005). By-law 2023-101 - AM-2023-005- 7081 McLeod Rd - ZBA 2023- 102. A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Parking Prohibited, Prohibited Turns). By-law 2023-102 - 10 24 2023 - Hanan Ave, Dorchester Rd & Leeming St 984 - 985 2023- 103. A by-law to amend By-law No. 2002-081, being a by-law to appoint City employees, agents and third parties for the enforcement of provincial or municipal by-laws. By-law 2023-103 - 2023 OCT 24 By-law Enforcement Officers 986 - 987 2023- 104. A by-law to appoint an auditor. (Added) By-law 2023-104 - Auditor Appointment Bylaw year ending 2021 10.24.23 988 2023- 105. A by-law to appoint an auditor. (Added) By-law 2023 -105 -Auditor Appointment Bylaw year ending 2022 10.24.23 989 2023- 106. A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 24th day of October, 2023. By-law 2023 -106 - 10 24 23 Confirming By-law 990 15.ADJOURNMENT Page 10 of 990 MINUTES City Council Meeting 4:00 PM - Tuesday, October 3, 2023 Council Chambers/Zoom App. The City Council Meeting of the City of Niagara Falls was called to order on Tuesday, October 3, 2023, at 4:13 PM, in the Council Chambers, with the following members present: COUNCIL PRESENT: Mayor Jim Diodati, Councillor Tony Baldinelli, Councillor Lori Lococo, Councillor Ruth-Ann Nieuwesteeg, Councillor Mona Patel, Councillor Victor Pietrangelo, Councillor Mike Strange, Councillor Wayne Thomson (Present in Chambers) Councillor Wayne Campbell (present via Zoom) STAFF PRESENT: Jason Burgess, Bill Matson, Erik Nickel, Tiffany Clark, Chief Jo Zambito, Luciano Chieca, Andrew Bryce, Shelley Darlington, Trent Dark, Heather Ruzylo (Present in Chambers) 1.CALL TO ORDER The meeting was called to order at 4:13 PM. 2.IN CAMERA SESSION OF COUNCIL 2.1.Resolution to go In-Camera Moved by Councillor Wayne Thomson Seconded by Councillor Ruth-Ann Nieuwesteeg THAT Council enter into an In-Camera session. Carried Unanimously (Councillor Campbell was absent from vote). 3.ADOPTION OF MINUTES 3.1.Council Minutes of September 12, 2023 and September 19, 2023 (Special Council Meeting). Moved by Councillor Victor Pietrangelo Seconded by Councillor Ruth-Ann Nieuwesteeg THAT Council approve the minutes of September 12, 2023 and for September 19, 2023 (Special Council Meeting). Carried Unanimously (Councillor Wayne Campbell was absent from the vote). 4.DISCLOSURES OF PECUNIARY INTEREST Page 1 of 16 Page 11 of 990 None to report. 5.MAYOR'S REPORTS, ANNOUNCEMENTS a)Mayor Diodati extended condolences to: Louis Thibodeau - father of Aaron Thibodeau of our Municipal Works Department and uncle of Councillor Victor Pietrangelo. b)Mayor Diodati mentioned the following events: Niagara Falls Summer Trillium Awards Ceremony [photo] •Also attended by Councillors Strange, Pietrangelo, Patel, Nieuwesteeg, Lococo and Baldinelli Niagara Falls Riverhawks Home Opener – Puck Drop [photo] •Also attended by Councillor Patel, Baldinelli and Strange Terry Fox Run [photo] •Also attended by Councillors Lococo, Patel, Strange, Nieuwesteeg, Pietrangelo and Thomson T.D. Tree Days Tree Planting [photo] •Also attended by Councillors Pietrangelo, Nieuwesteeg and Patel Niagara Falls Fire Department Volunteer Firefighter Recognition Banquet [photo] •Also attended by Councillor Lococo Line of Duty Death Ceremony [photo] •Also attended by Councillors Thomson, Lococo, Patel and Nieuwesteeg MP Tony Baldinelli’s Fall BBQ Bash [photo] •Also attended by Councillors Nieuwesteeg, Patel and Lococo Niagara Falls Firefighters Association Meeting [NO PHOTO] •Also attended by Councillors Pietrangelo and Strange National Day of Truth and Reconciliation Panel Unveiling at Niagara Parks Power Station [photo] •Also attended by Councillors Lococo and Patel Truth & Reconciliation Flag Raising and Orange Bench Unveiling [photo] •Also attended by Councillors Patel, Lococo and Nieuwesteeg Islamic Society of Niagara Peninsula Community BBQ [photo] •Also attended by Councillor Patel Councillor Representation Page 2 of 16 Page 12 of 990 Councillor Patel •Grand Opening of Hakka Station Restaurant Councillor Nieuwesteeg •Rotarians Golf Tournament Visit to NF Flag Raising [photo] •United Way oAttended by Councillors Patel and Nieuwesteeg Grand Openings & Business Happenings [photos for each] •Queen V Beauty Bar Grand Opening oAlso attended by Councillors Nieuwesteeg and Patel •Niagara Employment Help Centre 40th Anniversary oAlso attended by Councillor Patel •Dollar Tree Ferry Street Location Grand Opening oAttended by Councillors Patel and Thomson •Calhoun Sportswear 50th Anniversary o(no councillors) •OLG New PlaySmart Centre Opening oAttended by Councillor Patel •GROW – promotional event o(no councillors) •Lucky 7 Liquidation Grand Opening oAlso attended by Councillor Patel c)The next Council meeting is scheduled for Tuesday, October 24, 2023. 6.DEPUTATIONS / PRESENTATIONS / APPOINTMENTS 6.1.Civic Recognition - Greater Niagara Baseball Association (GNBA) - Niagara Falls 12U Falcons The Niagara Falls 12U Falcons, GNBA baseball team competed in the Ontario Baseball Association Provincial Championship in Chatham, Ontario, in the "A" division against 11 other teams and won the championship. The team was recognized for their achievement. Coaches Lizzotti, Mannella, Meger and Rapp were all in attendance to assist with the presentation of the awards. 6.2.Birchway Niagara (formerly Women's Place of South Niagara) Amanda Braet, Director of Development & Stewardship from Birchway Niagara, along with Amy Layton, Founder of the Lip Sync Niagara Fundraiser, Page 3 of 16 Page 13 of 990 made a presentation to Council about a third-party fundraiser taking place to support Birchway Niagara, the Lip Sync Battle. This year marks the 8th year for the event and to date has raised over $57,000.00 to support our services. Specifically, the request from Council is the following: - to request that individual Councillors consider purchasing tickets to attend. - to include information and a link for people to purchase tickets on the city website. Moved by Councillor Lori Lococo Seconded by Councillor Mona Patel THAT Council request the City promote the Lip Sync Battle and other upcoming events on its social media channels. Carried Unanimously (Councillor Campbell was absent). 7.PLANNING MATTERS 7.1.PBD-2023-057 (Public Meeting) AM-2023-012, Zoning By-law Amendment 8178 Thorold Stone Road Proposal: To rezone a portion of the property from R1C to a site specific R1E zone to facilitate the creation of a new lot and construction of a new detached dwelling Applicant: Anthony Vacca The Public meeting commenced at 5:38 PM. Mackenzie Ceci , from the Planning, Building & Development Department, provided an overview of Report PBD-2023-057. There were no members of the public wishing to speak. The Public meeting was closed at 5:47 PM. Moved by Councillor Wayne Thomson Seconded by Councillor Victor Pietrangelo THAT Council approve the Zoning By-law amendment as detailed in this report to rezone the eastern portion (Part 2) of the subject land a site specific Residential 1E Density (R1E) zone to facilitate the creation of a new lot for the construction of a detached dwelling. Carried Unanimously (Councillor Campbell was absent from the vote). 8.REPORTS 8.1.CLK-2023-07 Page 4 of 16 Page 14 of 990 2024 Council Schedule Moved by Councillor Wayne Thomson Seconded by Councillor Victor Pietrangelo THAT Council approve the proposed 2024 meeting schedule and to include an additional meeting on January 16, 2024; AND FURTHERMORE, to leave the July 2024 and August 2024 Council meetings to begin at 1:00 PM. Carried Unanimously (Councillor Campbell was absent from the vote). 8.2.HR-2023-02 Whistle-Blower Corporate Policy Moved by Councillor Mike Strange Seconded by Councillor Lori Lococo THAT Council receive the attached draft corporate policy (Whistle-blower), and information for their consideration. Carried Unanimously (Councillor Campbell was absent from the vote). 8.3.PBD-2023-58 Building Permit Fee Review Moved by Councillor Wayne Thomson Seconded by Councillor Mona Patel THAT Council support the recommendations of the Building Permit review fee study; THAT Council approve the recommended building permit fees as amended by staff for clarification and outlined in Appendix 2; THAT Staff forward an amended Building Permit Fee By-law to Council for approval; THAT Staff incorporate the building permit fees into the consolidated user fee by-law in 2024 and increase the building permit fees 3% annually starting in 2024; THAT Staff establish the Reserve Fund policy for Building Fees at a multiple of between 1.0 to 1.25 times the annual direct cost; and THAT Staff report back to Council on the parameters of an expedited service program (fast tracking) for building permit applications as well as any necessary financial or resource implications to administer the program. Carried Unanimously (Councillor Campbell was absent from the vote). 9.CONSENT AGENDA Page 5 of 16 Page 15 of 990 9.1.F-2023-27 2023 Q2 Parking Fund Budget to Actual Variance (Unaudited) Moved by Councillor Victor Pietrangelo Seconded by Councillor Ruth-Ann Nieuwesteeg THAT the Parking Fund Budget to Actual Variance report for the period ended June 30, 2023 be RECEIVED. Carried Unanimously (Councillor Campbell was absent from the vote). 9.2.PBD-2023-59 GTY-2019-002, Gateway Economic Community Improvement Plan and Municipal Employment Incentive Program Application 6162 Progress Street Applicant: 1992328 Ontario Inc. Moved by Councillor Victor Pietrangelo Seconded by Councillor Ruth-Ann Nieuwesteeg 1. THAT Council approve the Niagara Gateway CIP Tax Increment Based Grant program and Municipal Employment Incentive Program Application for 6162 Progress Street, subject to the Owner satisfying the program requirements. 2. THAT Council approve the use of the CIP City Wide reserve fund if reserves are required to offset the approximate planning and building permit fees and study grant costs of $64,890.00. 3. THAT the Niagara Region be advised of the decision of City Council. 4. THAT the Mayor and Clerk be authorized to sign and execute the Tri- Party grant agreement and Municipal Employment Incentive Program Agreement. Carried Unanimously (Councillor Campbell was absent from the vote). 10.COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 10.1.Proclamation Request - Fire Prevention Week 2023 Fire Chief Jo Zambito is requesting Council to proclaim the week of October 8 to 14, 2023 as "Fire Prevention Week." This year's theme is "Cooking safety starts with YOU. Pay attention to fire prevention." Recommendation: For the Approval of Council. Moved by Councillor Victor Pietrangelo Seconded by Councillor Wayne Thomson THAT Council approve the request to proclaim the week of October 8 to 14, 2023 as "Fire Prevention Week." Page 6 of 16 Page 16 of 990 Carried Unanimously (Councillor Campbell was absent from vote). 10.2.Proclamation Request - Mike Glavcic Day - Wednesday, December 6th, 2023 Denise Mateyk, President of St. George & St. Archangel Michael Serbian Orthodox Church, is requesting Council proclaim Wednesday, December 6th, 2023 as "Mike Glavcic Day." Recommendation: For the Approval of Council. Moved by Councillor Victor Pietrangelo Seconded by Councillor Wayne Thomson THAT Council approve the request to proclaim Wednesday, December 6th, 2023 as "Mike Glavcic Day." Carried Unanimously (Councillor Campbell was absent from vote). 10.3.Proclamation Request - Lung Cancer Awareness Month - November 2023 A local resident is requesting that Council proclaim the month of November 2023 as "Lung Cancer Awareness Month." Recommendation: For the Approval of Council. Moved by Councillor Victor Pietrangelo Seconded by Councillor Wayne Thomson THAT Council approve the request to proclaim the month of November 2023 as "Lung Cancer Awareness Month." Carried Unanimously (Councillor Campbell was absent from vote). 10.4.Resolution - Correspondence from Niagara Region Attached is a resolution from the Niagara Region regarding Equity, Diversity and Inclusion and the Damaging Impacts of Hate and Intolerance. Recommendation: For Council’s Consideration and Support. Moved by Councillor Mona Patel Seconded by Councillor Lori Lococo THAT Council defer the resolution from the Niagara Region regarding Equity, Diversity and Inclusion and the Damaging Impacts of Hate and Intolerance, until the Region provides a report. Carried Unanimously (Councillor Campbell was absent from vote). 10.5.Resolution - Town of Fort Erie - Region's 2023 Operating Budget Levy Approval Attached please find a copy of a resolution passed by Fort Erie Council at its Page 7 of 16 Page 17 of 990 Special Meeting of September 25, 2023 Recommendation: For Council Consideration and Support. Moved by Councillor Lori Lococo Seconded by Councillor Wayne Thomson THAT Council change the recommendation for this resolution from the Town of Fort Erie regarding the Region's 2023 Operating Budget Levy Approval, to receive and file for information. Carried Unanimously (Councillor Campbell was absent from vote). 10.6.Resolution: Town of Parry Sound - Requesting Provincial Regulations regarding Short-Term Rental Digital Platforms At its September 19th Meeting, Town of Parry Sound Council passed Resolution 2023-138, as attached, which supports the call of other municipalities for provincial regulation of short-term rental digital platforms. Recommendation: For Council Consideration and Support. Moved by Councillor Lori Lococo Seconded by Councillor Mona Patel THAT Council change the recommendation for this resolution from the Town of Parry Sound regarding Provincial Regulations regarding Short-Term Rental Digital Platforms, to receive and file for information. Carried Unanimously (Councillor Campbell was absent from vote). 11.COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 11.1.Resolution - City of Cambridge - Declaring Intimate Partner Violence (IPV) an Epidemic Attached is a copy of a motion passed by Cambridge City Council on September 12, 2023 regarding Declaring Intimate Partner Violence (IPV) and Epidemic. Recommendation: For the Information of Council. 11.2.Resolution - City of Quinte West - Support of Municipality of Wawa re: Chronic Pain Treatments At their meeting on September 20, 2023, the Council of the Municipality of Quinte West carried support in reference to Motion No 23-356 regarding "The Municipality of Wawa - Chronic Pain Treatments". Recommendation: For the Information of Council. 11.3.Resolution - Town of Midland - "Catch and Release" Justice is Ontario Attached is a resolution of support regarding the Catch and Release Justice is Page 8 of 16 Page 18 of 990 Ontario, passed by the Town of Midland Council at its September 6, 2023 meeting. Recommendation: For the Information of Council. 11.4.Resolution - Northumberland County - Highway Traffic Act Amendments Attached is a resolution of support regarding "Highway Traffic Act Amendments," passed by Northumberland County Council at its September 20th, 2023 meeting. Recommendation: For the Information of Council. 11.5.Resolution - Town of Aurora - Council Opposition to Strong Mayor Powers in Aurora Atttached is a resolution from the Town of Aurora Council meeting of September 26, 2023, regarding a resolution adopted by Council respecting Aurora Council Opposition to Strong Mayor Powers in Aurora. Recommendation: For the Information of Council. 11.6.Resolution - County of Brant - Guaranteed Livable Income Attached is a resolution from the County of Brant regarding the Guaranteed Livable Income Recommendation: For the Information of Council. Moved by Councillor Victor Pietrangelo Seconded by Councillor Tony Baldinelli THAT Council receive for information the resolution from the County of Brant regarding Guaranteed Livable Income. Carried (Councillor Campbell was absent from vote and Councillors Patel, Nieuwesteeg and Thomson were opposed). 11.7.Comments from resident 11.8.Resolution - Support B/Nai Brith's Demand - Deschenes Commission Report - War Criminals Attached is a resolution requesting Niagara Falls City Council support the request for the immediate release of all documentation pertaining to the 1986 Commission of Inquiry on War Criminals in Canada including an unredacted version of the Rodal report. Recommendation - For the Information of Council. Moved by Councillor Victor Pietrangelo Seconded by Councillor Mike Strange THAT Council receive and file for information Item #11.1 through to Item #11.8, excluding Item #11.6. Carried Unanimously (Councillor Campbell was absent from vote). Page 9 of 16 Page 19 of 990 12.COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 12.1.Memo to Council - Municipal Response to Housing Affordability Task Force's Recommendations Response to The Honourable Paul Calandra, Minister of Municipal Affairs and Housing letter of September 15, 2023 requesting a Response to the Housing Affordability Task Force. It is recommended: 1.THAT the following Task Force recommendations be endorsed as the top 5 recommendations, and the associated comments be provided to the Minister of Municipal Affairs and Housing . •Recommendation 56 (Originally No. 48): The Ontario government should establish a large “Ontario Housing Delivery Fund” and encourage the federal government to match funding. This fund should reward: a) Annual housing growth that meets or exceeds provincial targets b) Reductions in total approval times for new housing c) The speedy removal of exclusionary zoning practices. Comment: Funding for large scale affordable housing projects is supported, however it should be noted that while the City can address procedures to efficiently bring projects to a shovel ready status the actual construction of projects depends on the private sector (developers and builders). It is recommended that further measures to encourage the private sector to develop vacant lands that are shovel ready be considered by the Province. •Recommendation 38 (Originally No. 31): In clearing the existing backlog, encourage the Tribunal to prioritize projects close to the finish line that will support housing growth and intensification, as well as regional water or utility infrastructure decisions that will unlock significant housing capacity. •Recommendation 50 (Originally No. 42): Provide provincial and federal loan guarantees for purpose built rental, affordable rental and affordable ownership projects. •Recommendation 51 (Originally No. 43): Enable municipalities, subject to adverse economic events, to withdraw infrastructure allocations from any permitted projects where construction has not been initiated within three years of building permits being issued. Comment: Consideration should also be given to enabling municipalities to withdraw infrastructure allocations to projects which have received zoning, subdivision or site plan approvals but have not been initiated within three years of approvals being granted. •Recommendation 53 (Originally No. 45): Improve funding for colleges, trades schools, and apprenticeships, encourage and incentivize municipalities, unions Page 10 of 16 Page 20 of 990 and employers to provide more-on-the-job training. Comment: Staff recognize that substantially increasing the rate at which housing is constructed depends on increasing the number of skilled tradespersons and support initiatives to do so. Staff also note that municipalities may need to increase staffing to process Building and Planning applications as well as advancing municipal infrastructure projects. 2.THAT the Minister of Municipal Affairs and Housing be advised that support of these recommendations is contingent on funding being provided to the new South Niagara Falls Waste Water Treatment Plant. Moved by Councillor Victor Pietrangelo Seconded by Councillor Ruth-Ann Nieuwesteeg 1.THAT the following Task Force recommendations be endorsed as the top 5 recommendations, and the associated comments be provided to the Minister of Municipal Affairs and Housing . •Recommendation 56 (Originally No. 48): The Ontario government should establish a large “Ontario Housing Delivery Fund” and encourage the federal government to match funding. This fund should reward: a) Annual housing growth that meets or exceeds provincial targets b) Reductions in total approval times for new housing c) The speedy removal of exclusionary zoning practices. Comment: Funding for large scale affordable housing projects is supported, however it should be noted that while the City can address procedures to efficiently bring projects to a shovel ready status the actual construction of projects depends on the private sector (developers and builders). It is recommended that further measures to encourage the private sector to develop vacant lands that are shovel ready be considered by the Province. •Recommendation 38 (Originally No. 31): In clearing the existing backlog, encourage the Tribunal to prioritize projects close to the finish line that will support housing growth and intensification, as well as regional water or utility infrastructure decisions that will unlock significant housing capacity. •Recommendation 50 (Originally No. 42): Provide provincial and federal loan guarantees for purpose built rental, affordable rental and affordable ownership projects. •Recommendation 51 (Originally No. 43): Enable municipalities, subject to adverse economic events, to withdraw infrastructure allocations from any permitted projects where construction has not been initiated within three years of building permits being issued. Page 11 of 16 Page 21 of 990 Comment: Consideration should also be given to enabling municipalities to withdraw infrastructure allocations to projects which have received zoning, subdivision or site plan approvals but have not been initiated within three years of approvals being granted. •Recommendation 53 (Originally No. 45): Improve funding for colleges, trades schools, and apprenticeships, encourage and incentivize municipalities, unions and employers to provide more-on-the-job training, and to promote apprenticeship opportunities. Comment: Staff recognize that substantially increasing the rate at which housing is constructed depends on increasing the number of skilled tradespersons and support initiatives to do so. Staff also note that municipalities may need to increase staffing to process Building and Planning applications as well as advancing municipal infrastructure projects. 2.THAT the Minister of Municipal Affairs and Housing be advised that support of these recommendations is contingent on funding being provided to the new South Niagara Falls Waste Water Treatment Plant. Carried (Councillor Campbell was absent from the vote and Councillor Lococo was opposed). Moved by Councillor Lori Lococo Seconded by Councillor Mona Patel THAT Council request a summary of all of the other municipalities' lists that were submitted from the Ministry of Municipal Affairs and Housing. Carried Unanimously (Councillor Campbell was absent from the vote). 12.2.Memo - Niagara Falls Public Library Attached is a memo from the Niagara Falls Public Library requesting Council to appoint Mr. Fraiman, a community representative, to complete the remainder of the Public Library Board Term. Recommendation: THAT the current vacancy on the Niagara Falls Public Library Board be filled by Michael Fraiman. Moved by Councillor Lori Lococo Seconded by Councillor Mona Patel THAT the current vacancy on the Niagara Falls Public Library Board be filled by Michael Fraiman. Carried Unanimously (Councillor Campbell was absent from the vote). 13.RATIFICATION OF IN-CAMERA a)Ratification of In-Camera Page 12 of 16 Page 22 of 990 Moved by Councillor Mike Strange Seconded by Councillor Ruth-Ann Nieuwesteeg Council met in closed session on September 19, 2023, after publicly passing a resolution in open session, to go In-Camera. At this meeting there was direction to staff to obtain outside legal counsel regarding an OLT matter, as well as provide staff with direction regarding Council's Strategic Plan, to be presented at the October 24, 2023 Council meeting, AND, from this evening's In-Camera meeting, THAT Council provide direction to staff to continue to negotiate a proposed or pending acquisition of land by the municipality. Carried Unanimously (Councillor Campbell was absent from the vote). 14.MOTIONS 14.1.MOTION - Public Safety - Welland River (Chippawa Creek) Councillor Nieuwesteeg submitted the attached motion concerning public safety measures in the Welland River. It is recommended: THAT staff bring a report back to Council to see how the City and other appropriate agencies can improve public safety in the Welland River (aka- The Chippawa Creek). Moved by Councillor Ruth-Ann Nieuwesteeg Seconded by Councillor Mike Strange THAT staff bring a report back to Council to see how the City and other appropriate agencies can improve public safety in the Welland River (aka- The Chippawa Creek) and to focus more attention and awareness to the danger of the current with the use of additional signs. Carried Unanimously (Councillor Campbell was absent from the vote). 14.2 . Motion to Reconsider - PBD-2023-47 Employment Lands Conversion: Official Plan Amendment No. 157 (Fraser Street, west of Stanley Avenue and lands east of Fourth Avenue, north of Hamilton Street) Councillor Baldinelli requested that PBD-2023-47 (brought before Council at the August 15, 2023 Council Meeting) be brought back before Council for reconsideration. Motion (from August 15, 2023 Council meeting): ORDERED on the motion of Councillor Lococo, seconded by Councillor Campbell THAT Council deny the request from Staff to amend the Official Plan to convert two industrial designated sites into residential. Moved by Councillor Tony Baldinelli Seconded by Councillor Ruth-Ann Nieuwesteeg Page 13 of 16 Page 23 of 990 THAT Council pass a motion to reconsider the above noted decision to refuse Official Plan Amendment (OPA 157) and that Council direct Staff to bring back the matter at a future public meeting of Council with a recommendation report and notice to be provided in accordance with the Planning Act, including to all persons that provided comments and appeared at the previous Council meeting. Ayes:Mayor Jim Diodati, Councillor Victor Pietrangelo, Councillor Mike Strange, Councillor Wayne Thomson, Councillor Ruth-Ann Nieuwesteeg, Councillor Mona Patel, and Councillor Tony Baldinelli Nays:Councillor Lori Lococo CARRIED. 7-1 on a recorded vote 15.NOTICE OF MOTION/NEW BUSINESS a)Adopt-a-Signal - clearing of snow around signals Councillor Lococo mentioned the possible introduction of an "adopt a signal" program for snow clearing. Direction to Staff: Erik Nickel, General Manager of Municipal Works, will include information pertaining to the clearing of snow around traffic signals in an upcoming sidewalk clearing report. b)Fallsview BIA - Security Cameras Councillor Thomson requested Staff to direct the Fallsview BIA to share camera footage with the Niagara Regional Police. Direction to Staff: Jason, CAO, to follow-up by taking this matter to the NRP. c)Rodent/Rat Issue in the City of Niagara Falls Councillor Thomson brought forth the issue of the rise in rat and rodent infestation throughout the City of Niagara Falls. Moved by Councillor Wayne Thomson Seconded by Councillor Victor Pietrangelo THAT Council direct Staff to request the Region and Health Department to take responsibility of the rat/rodent issue in Niagara Falls by handling the complaints; and that Council waive the procedural by-law regarding the notice of motion process. Carried Unanimously (Councillor Campbell was absent from the vote). d)Speed Cameras, Bus Stops - site-line reviews, Traffic Lights and Touchless Signals Councillor Tony Baldinelli and Councillor Patel addressed the matters of speed cameras set up across the city, bus stops and ensuring site lines are not obstructed and installing intelligent traffic lights to ensure a better and safer flow of traffic and the possible use of touchless signals. Direction to Staff: Erik Nickel, General Manager of Municipal Works, will arrange a workshop with Transportation staff at the Region to address all of these issues. Page 14 of 16 Page 24 of 990 e)Niagara Falls Spooky Awards - 2023 Councillor Mike Strange announced the 4th Annual Niagara Falls Spooky Awards that is currently taking place for 2023. The Niagara Falls Spooky Awards is our free, outdoor Halloween display competition. Last year more than 50 homes officially entered the competition! Altogether, 9 awards will be issued to our spookiest residents across three categories: Judges' Favourite, Best Effects, and People's Choice. Thanks to all for joining in the fun and showcasing your incredible talent and enthusiasm. We look forward to seeing all the spook-tacular displays! Get Spooky! There are lots of ways to participate: Create an outdoor Halloween display at your home or business. See Official Entry Rules below. Registration is open October 4 - 25, 2023 and the Entry Form is Linked Here Tour the displays across the city with the Spooky Map! Displays will be lit right up to Halloween night, so hop in the car with your family and friends to see all the creepy decorations! Coming Soon Cast your vote in the People's Choice Awards. Voting will be open to the public during the judging window (from 6:00pm on Oct 27 to 10:00pm on Oct. 29 only). Linked Here Follow the competition on Facebook! Competitors campaign for visits and votes by sharing photos and videos. f)Dunn Street Extension - Housing Concepts Councillor Pietrangelo was looking for an update regarding the Kalar Road property. 16.BY-LAWS 2023- 093. A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 3rd day of October, 2023. Moved by Councillor Victor Pietrangelo Seconded by Councillor Mike Strange THAT the by-law be read a first, second and third time and passed. Carried Unanimously (Councillor Campbell was absent from vote). 17.ADJOURNMENT That Council adjourn the meeting at x:xxPM a)Adjournment Moved by Councillor Mona Patel Seconded by Councillor Lori Lococo That Council adjourn the meeting at 7:38 PM. Carried Unanimously (Councillor Campbell was absent from the vote). Page 15 of 16 Page 25 of 990 Mayor City Clerk Page 16 of 16 Page 26 of 990 PBD-2023-062 Report Report to:Mayor and Council Date:October 24, 2023 Title: AM-2021-016 & AM-2022-015, Official Plan Amendment & Zoning By-law Amendment Applications 9015 & 8970 Stanley Avenue, Lands to the East and West of 8970 Stanley Avenue, and Lands on the South Side of Lyons Creek Road, East of Stanley Avenue Applicant: 2610823 Ontario Inc. (Angelo Butera) Agent: Upper Canada Consultants (Craig Rohe) Recommendation(s) That Council refuse the Official Plan Amendment and Zoning By-law Amendment applications as detailed in this Report. Executive Summary Upper Canada Consultants has submitted Official Plan Amendment and Zoning By-law Amendment applications on behalf of Angelo Butera of 2610823 Ontario Inc. The subject lands, which are approximately 82.9 hectares in size, are comprised of 9015 and 8970 Stanley Avenue, the lands to the east and west of 8970 Stanley Avenue, and the vacant lands on the south side of Lyons Creek Road, east of Stanley Avenue. The applications propose to amend the land use designations and zoning of the subject lands to accommodate approximately 1,344 dwelling units, consisting of 679 detached dwellings, 155 on-street townhouse dwellings, and 510 multi-residential dwelling units, along with commercial uses, parks / trails, a stormwater management pond, and a sanitary pumping station. Staff do not recommend approval of the applications for the following reasons: The proposed development does not satisfy matters of Provincial interest, as outlined in the Planning Act, the Provincial Policy Statement, and the Growth Plan; The proposed development does not conform with the Regional Official Plan from environmental and implementation perspectives; Page 1 of 45 Page 27 of 990 The proposal does not conform with the general objectives of the City’s Official Plan; Insufficient information has been provided to date for the purpose of determining the suitability of the lands for the proposed uses, and compatibility of the proposed uses with adjacent land use designations; The need for the proposed uses has not been adequately demonstrated; and It is premature to consider the redesignation and rezoning of the subject lands in advance of the completion the Grassy Brook Secondary Plan. Background Proposal Upper Canada Consultants has submitted Official Plan Amendment and Zoning By-law Amendment applications on behalf of Angelo Butera of 2610823 Ontario Inc. The subject lands, which are approximately 82.9 hectares in size, are located on the east and west sides of Stanley Avenue, south of the Welland River, and on the south side of Lyons Creek Road, east of Stanley Avenue, and are comprised of six separate parcels of land - including 9015 and 8970 Stanley Avenue, and four parcels that do not have municipal addresses. For ease of reference throughout this Report, the parcels have been assigned a number one through six, as detailed on Schedule 1. The applicant has requested Official Plan and Zoning By-law Amendment applications to facilitate the future development of approximately 1,344 dwelling units, consisting of 679 detached dwellings, 155 on-street townhouse dwellings, and 510 multi-residential dwelling units, along with commercial uses, parks / trails, a stormwater management pond, and a sanitary pumping station, as detailed on the Conceptual Development Plan (Schedule 2). Based on a developable residential area of 45.13 hectares, the proposed development would yield an overall net density of 29.78 units per hectare. The subject lands are designated and zoned as follows in accordance with the City’s Official Plan and Zoning By-law No. 395 (1966), as amended: Parcel 1 - designated Resort Commercial, in part, and Environmental Protection Area, in part; zoned Tourist Commercial Zone; Parcels 2 and 3 - designated Open Space, in part, and Environmental Conservation Area, in part; zoned Industrial Zone, in part, and Conservation – Open Space Zone, in part; Parcel 4 – designated Open Space; zoned Conservation – Open Space Zone; Page 2 of 45 Page 28 of 990 Parcel 5 – designated Open Space, in part, and Environmental Protection Area, in part; zoned Conservation – Open Space Zone; and Parcel 6 – designated Open Space, in part, Environmental Conservation Area, in part, and Environmental Protection Area, in part; zoned Conservation – Open Space Zone. To facilitate the development proposal, the applicant is requesting to redesignate the subject lands to Residential, in part, Minor Commercial, in part, and Environmental Protection Area, in part, as detailed on Schedule 3. The Commercial designation is proposed at the northeast corner of Stanley Avenue and Lyons Creek Road; the Environmental Protection Area designation is proposed along the periphery of the subject lands; and the remainder of the subject lands are proposed to be reserved for the Residential land use designation. Further, the applicant is requesting to place the lands under a Special Policy Area that would require the completion of specified study work prior to the consideration of subsequent applications under the Planning Act, such as Zoning By-law Amendment or Draft Plan of Subdivision applications. To implement the proposed land use designations, the applicant is requesting to rezone the subject lands to a site specific Residential Mixed (R3) Zone, in part, Neighbourhood Commercial (NC) Zone, in part, and Environmental Protection Area (EPA) Zone, in part, in accordance with the regulations of Zoning By-law No. 79-200, as amended, as detailed on Schedule 4. Staff note that the Official Plan Amendment application was submitted in July of 2021. The applicant initially proposed to establish the land use designations for the subject lands, and possibly proceed with Zoning By-law Amendment / Draft Plan of Subdivision applications for a first phase of development only if servicing was available. However, a Zoning By-law Amendment application for the entirety of the subject lands was submitted in February of 2022 - prior to Council’s consideration of the Official Plan Amendment application. Site Conditions and Surrounding Land Uses The subject lands are comprised of six separate parcels of land, including 9015 and 8970 Stanley Avenue, and four parcels that do not have municipal addresses. For ease of reference throughout this Report, the parcels have been assigned a number one through six, as detailed on Schedule 1. The parcel known municipally as 9015 Stanley Avenue (Parcel 1) previously operated as the King Waldorf’s Tent and Trailer Park, whereas 8970 Stanley Avenue (Parcel 3) and Parcel 2 operated as the Oaklands Golf Club until 2019. The existing building on Parcel 2 has most recently been utilized as a church, which is not permitted as-of-right under the current zoning. Parcel 4 on the north side of Lyons Creek Road, and Parcels 5 and 6 on the south side of Lyons Creek Road have remained vacant. Page 3 of 45 Page 29 of 990 The subject lands are approximately 82.9 hectares in area. The lands are bisected by Stanley Avenue, and are bound by Lyons Creek Road and Lyons Creek to the south, the Welland River to the north, the Chippawa Community and the confluence of Lyons Creek and the Welland River to the east, and vacant industrial lands to the west (which are designated as Greenfield Areas in the City’s Official Plan). In accordance with the Land Use Compatibility Assessment that was submitted with the application, 46 industrial facilities associated with the Stanley Avenue Business Park are located on the north side of the Welland River and are within 1 km of the subject lands. Submitted Reports The following material was submitted with the applications. A summary of the findings is available for review in Appendix 1. Land Use Compatibility Assessment (prepared by RWDI AIR Inc. Consulting Engineers & Scientists; dated December 2020) Environmental Impact Statement (EIS) (prepared by Colville Consulting Inc.; dated July 2021; amended January 2023 and May 2023) Water Balance Study (prepared by Terra-Dynamics Consulting Inc; dated July 2021; amended July 2022) Irrigation Pond Hydrologic Evaluation (prepared by Terra-Dynamics Consulting Inc; dated March 2023) Traffic Impact Study (TIS) (prepared by R.V. Anderson Associates Limited; dated November 2021; amended January 2023) Stage 1 Archaeological Assessment (prepared by Detritus Consulting Ltd; dated September 2021) Phase One & Two Environmental Assessments (ESA) (prepared by Wood Environment & Infrastructure Solutions; dated September 2021) Functional Servicing Brief (prepared by Upper Canada Consultants; dated July 2021) Page 4 of 45 Page 30 of 990 Circulation Comments Information regarding the requested Official Plan and Zoning By-law Amendments was circulated to City divisions, the Region, agencies, and the public for comments. The following summarizes the comments received to date: Niagara Region Regional Staff have provided comments relative to the applications on four occasions. The comments are summarized below. Detailed comments are available for review in Appendix 2. Regional Staff opine that it is premature to consider the proposed Official Plan Amendment in advance of finalizing the Grassy Brook Secondary Plan; The proposed Amendment fails to establish how the eventual build-out of the subject lands could influence the future development of adjacent lands; Regional Staff are unable to support the proposed Amendment from a land use compatibility perspective as insufficient information has been provided for the purpose of determining appropriate industry classifications, potential influence areas, and minimum separation distances for the facilities located within the Stanley Avenue Business Park and the vacant industrially-zoned lands located within the Stanley Avenue Business Park and to the west of 9015 Stanley Avenue (Parcel 1 on Schedule 1); The subject lands are impacted by the Regions’ Core Natural Heritage System. Regional Staff cannot confirm if the proposed Amendment conforms to the Regional Official Plan from an environmental perspective as a number of deficiencies were identified following a review of the Environmental Impact Statement (EIS); and In the absence of the requested studies / updates, Regional Staff are unable to confirm whether the proposed Amendments are consistent with the Provincial Policy Statement and conform to Provincial and Regional growth management policies from environmental and land use compatibility perspectives. Niagara Peninsula Conservation Authority (NPCA) The NPCA is not in a position to support the applications at this time. A site visit remains the most appropriate route to determine the regulatory limits of the Conservation Authority. Detailed comments are available for review in Appendix 2. Business Development Department The Business Development Department does not support the proposed applications and is of the opinion that the proposed development will negatively impact the existing Page 5 of 45 Page 31 of 990 and future operations and transportation routes of the 60 businesses located within the Stanley Avenue Business Park. Building Services Building and demolition permits will need to be obtained prior to the commencement of any construction or demolition; Building permit fees and development charges will be assessed during building permit application review; and A Geotechnical Report shall be provided at the time of building permit application submission. Fire Department No objections. GIS Services & Legal Services No comments. Municipal Works The applicant will be required to complete third-party infrastructure modelling; and If approved, engineering requirements can be satisfied through the future Draft Plan of Subdivision process. Ontario Power Generation (OPG) OPG requests circulation of the Stormwater Management Plan associated with the development and will require approvals and easements to traverse and / or occupy the Welland River shoreline. Further, the inclusion of language in any Agreements of Purchase and Sale may be required for the purpose of acknowledging OPG’s operational use of the Welland River and its shoreline at this location. Neighbourhood Comments A neighbourhood open house for the Official Plan Amendment application was held on January 10th, 2022, and was attended by the applicant’s agent and 46 area residents. A subsequent open house for the Zoning By-law Amendment application was held on September 13th, 2022, and was attended by 53 area residents. Written comments have Page 6 of 45 Page 32 of 990 also been submitted by numerous area residents. The following concerns were frequently raised by area residents: Displacement of wildlife and habitat loss; Traffic volume; and Environmental contamination In response to the concerns raised, Staff note the following: Due to the submission of incomplete information (as it relates to wildlife surveys, the proposed removal of natural heritage features, mitigation strategies and enhancement / restoration opportunities, and the unconfirmed extent of natural heritage features and associated regulatory limits) it has not been sufficiently demonstrated that the proposed development will have no significant negative impact on the Core Natural Heritage System. This has informed Staff’s recommendation to refuse the applications. A Traffic Impact Study was submitted with the applications and was reviewed by the City and Region. The Study recommended several intersection improvements such as intersection signalization, and the introduction of auxiliary turn for the purpose of accommodating an acceptable level of service lanes (see Appendix 1 for more detail). The Phase One and Two Environmental Site Assessments that were submitted with the applications confirmed the presence of contaminants and noted that remediation is required prior to filing a Record of Site Condition. The development of these lands for sensitive land uses cannot occur until such time that a Record of Site Condition is filed to the satisfaction of the Province, Region, and City. Analysis 1. Provincial Policies The Planning Act requires City planning decisions to be consistent with the Provincial Policy Statement and conform to the Provincial “A Place to Grow” Plan (Growth Plan). The proposed development does not satisfy the following matters of Provincial interest, as outlined in the Planning Act, the Provincial Policy Statement, and the Growth Plan: The protection of ecological systems, including natural areas, features and functions o The applicant has not sufficiently demonstrated that the proposed development will have no significant negative impacts on adjacent natural heritage features or their functions. The protection of public health and safety Page 7 of 45 Page 33 of 990 o Insufficient information has been provided for the purpose of determining appropriate industry classifications, potential influence areas, and minimum separation distances from industries located within the Stanley Avenue Business Park. As such, the Amendments as proposed do not ensure the protection of future residents and their health and safety. The appropriate location of growth and development, and the orderly development of safe and healthy communities o While the provision of safe, affordable, and attainable housing remains a matter of Provincial, Regional, and Municipal interest, it is not to be considered independent of, or at the expense of developing complete communities. o The new Niagara Regional Official Plan allocated a 2051 population forecast of 141,650 to the City of Niagara Falls, and it has been estimated that the construction of 20,110 new residential dwelling units is required to accommodate this population growth over the next 30 years. In accordance with the City’s Housing Needs and Supply Report, which was endorsed by Council in June of 2021, there is potential to accommodate a minimum of 23,163 new residential units: 19,852 units in the Built-up Area and 3,311 units in the Designated Greenfield area (not including the lands that were recently brought into the Urban Area Boundary through the Region’s Settlement Area Boundary Review). o The development of Secondary Plans for the four urban expansion areas (Northwest / Club Italia, Garner West, New Hospital South, and Kalar Road West), along with the proposed Secondary Plan for the redevelopment of the existing Greater Niagara General Hospital site have the potential to generate a minimum of 10,000 additional residential units. o In summary, the City (independent of the proposed development) is currently well-positioned to accommodate the anticipated population growth. As such, there is not a demonstrated need for additional residential development, and no specific details regarding the provision of affordable housing have been provided at this time. o Staff are of the opinion that residential development in this area should be planned comprehensively and in conjunction with the approximately 412 hectares of land that is located to the west of the subject lands. This will ensure that both residential (an appropriate arrangement, mix, and gradation thereof) and employment needs (such as the shortfall of 76 hectares of employment land as identified through the Employment Lands Strategy) can be balanced and accommodated, in part, alongside natural and cultural heritage resources. Page 8 of 45 Page 34 of 990 2. Regional Official Plan (2014) The subject lands are designated as Urban Area (Built-up Area) in the Regional Official Plan. Given that the applications were submitted in advance of the approval of the 2022 Niagara Official Plan, Staff will be assessing the applications against the 2014 Regional Official Plan. While the proposed development would assist the City with achieving the Provincial and Regional intensification target, the proposed development does not conform with the Regional Official Plan from environmental and implementation perspectives as follows: Due to the submission of incomplete information (as it relates to wildlife surveys, the proposed removal of natural heritage features, mitigation strategies and enhancement / restoration opportunities, and the unconfirmed extent of natural heritage features and associated regulatory limits) it has not been sufficiently demonstrated that the proposed development will have no significant negative impact on the Core Natural Heritage System; and As the proposed Amendments have been requested to advance independent of the Grassy Brook Secondary Plan, the proposal could undermine the delivery of a complete community in this area of the City, and impact the future development of adjacent lands. Section 14.I.3.1 of the 2014 Regional Official Plan states that where appropriate, local municipalities shall undertake Secondary Plans for areas within the built boundary demonstrating intensification potential for the phasing of development and the planning of complete communities. 3. City’s Official Plan The subject lands are designated Resort Commercial, in part, Environmental Protection Area, in part, Environmental Conservation Area, in part, and Open Space, in part, in accordance with the City’s Official Plan. The applicant has requested to redesignate the subject lands to Residential, in part, Minor Commercial, in part, and Environmental Protection Area, in part, as detailed on Schedule 3. When considering an amendment to the Official Plan, Council is to consider the following criteria, which are analyzed below: The conformity of the proposal with the general objectives of the Plan: In accordance with Part 1, Section 2 of the Official Plan, while the proposed development may assist the City with achieving intensification targets as established by the Province and Region, the protection of natural heritage features and their functions has not been adequately demonstrated. Further, the proposal does not protect an area most suited for employment uses from non-employment uses (i.e. residential). Page 9 of 45 Page 35 of 990 In accordance with Part 4, Section 3 of the Official Plan, Council may require that a Secondary Plan be prepared prior to the undertaking of any major development, redevelopment, or where any major proposal will have the potential effect of substantially altering the pattern of land use in an area. As the proposal is proceeding in advance and independent of the Grassy Brook Secondary Plan, Staff are of the opinion that the proposal does not conform with Part 4, Section 3 of the Official Plan. The suitability of the site or area for the proposed use: As the extent of natural heritage features and their associated regulatory limits have yet to be confirmed, Staff and agencies cannot confirm if the areas proposed for development by the applicant are suitable / appropriate for the proposed use. With respect to land use compatibility, insufficient information has been provided for the purpose of determining appropriate industry classifications, potential influence areas, and minimum separation distances from industries located within the Stanley Avenue Business Park. Further, potential influence areas were not determined by way of a “worst case scenario” assessment for the vacant industrially-zoned lands located within the Stanley Avenue Business Park and to the west of 9015 Stanley Avenue (Parcel 1 on Schedule 1), as required by the Provincial D-6 Guidelines. As such, the suitability of the subject lands for the proposed use cannot be confirmed until additional study work and / or peer reviews are completed to the satisfaction of Staff and agencies. The Employment Lands Strategy indicates that there is a demonstrated need for employment land in the City. The Strategy identified an employment land shortfall of 76 hectares. Parcel 1 (9015 Stanley Avenue) on Schedule 1 and the lands to the west were evaluated for their suitability as an employment area based on their size, location in the urban area boundary, proximity to the QEW and other industrial facilities, and the availability of municipal services. Having met each of the criteria, these lands were identified as a candidate employment area. The compatibility of the proposed use with adjacent land use designations: The proposed development will abut lands that are currently designated Environmental Protection Area and Environmental Conservation Area. Staff note that it has not been sufficiently demonstrated that the proposed development will have no significant negative impacts on adjacent natural heritage features or their functions. Page 10 of 45 Page 36 of 990 From a land use compatibility perspective, insufficient information has been provided for the purpose of determining appropriate industry classifications, potential influence areas, and minimum separation distances from industries located within the Stanley Avenue Business Park. The need for the proposed use: The provision of safe, affordable, and attainable housing remains a matter of Provincial, Regional, and Municipal interest. Based on the findings of the City’s Housing Needs and Supply Report, the City is currently well-positioned to accommodate the anticipated population growth. As such, there is not a demonstrated need for additional residential development, and no specific details regarding the provision of affordable housing have been provided at this time. As there is not a demonstrated need for additional residential development, Staff are of the opinion that these lands should be prioritized for employment uses as part of the development of a more balanced, competitive, and complete community. This not only will assist with providing a diversified and balanced tax assessment base, but will also generate local employment opportunities for City residents, including youth. Staff are of the opinion that residential development in this area should be planned through a Secondary Plan process and in conjunction with the approximately 412 hectares of land that is located to the west of the subject lands. This will ensure that both residential (an appropriate arrangement, mix, and gradation thereof) and employment needs (such as the shortfall of 76 hectares of employment land as identified through the Employment Lands Strategy) can be balanced and accommodated, in part, alongside natural and cultural heritage resources. Further, this will allow for consideration and determination of the impacts and mitigation measures required in association with the Stanley Avenue Business Park. The availability of adequate municipal services and facilities for the proposed use and its impact on the transportation system, community facilities and natural environment: The Functional Servicing Brief states that construction of the South Niagara Falls Wastewater Treatment Plant will accommodate the sanitary flows that are expected to be generated by the proposed development. Third-party infrastructure modelling for the sanitary sewer has been requested by the City. Page 11 of 45 Page 37 of 990 Provided that the recommended intersection improvements are implemented at the owner’s expense, an acceptable level of service to the 2031 horizon can be accommodated. Schedule B of the Official Plan establishes a Phasing Plan for the servicing of urban lands. The Plan establishes when urban lands are to be brought into the development stream based on development needs and existing servicing availability. The subject lands are located in the Phase 3 area of Schedule B. Staff note that the applicant has not applied to amend Schedule B of the Official Plan to facilitate out of phase servicing. The financial implications: The proposed residential development would ultimately generate development charge contributions and property tax revenue for the City. However, employment uses, which are components of a complete community, can yield other financial benefits. Employment uses can help to diversify the City’s tax assessment base. Further, given the varying tax rates (4.44% for industrial vs. 1.51% for residential), employment uses such as light industrial, can generate more tax revenue for the City in comparison to residential uses. 4. Zoning By-law The subject lands are zoned Tourist Commercial Zone, in part, Industrial Zone, in part, and Conservation – Open Space Zone, in part, in accordance with Zoning By- law No. 395 (1966), as amended. The applicant has requested to rezone the subject lands to a site specific Residential Mixed (R3) Zone, in part, Neighbourhood Commercial (NC) Zone, in part, and Environmental Protection Area (EPA) Zone, in part, in accordance with the regulations of Zoning By-law No. 79-200, as amended, as detailed on Schedule 4. The R3 Zone permits detached, semi-detached, duplex, on street townhouse, triplex, and quadruplex dwellings as-of-right. The applicant has proposed a “catch- all” zoning approach by seeking site specific relief to also permit block townhouse dwellings, apartment dwellings, ground floor commercial uses, stormwater management facilities, pumping stations, and institutional uses in the R3 Zone. Further, site specific relief has been requested to address departures relating to lot area, lot frontage, front yard depth, rear yard depth, interior side yard setback, exterior side yard setback, lot coverage, building height, landscape open space, porch / balcony projection, driveway or parking area width, number of dwellings on one lot, privacy yard depth, and commercial uses, as summarized in Schedule 5. The purpose of a Zoning By-law is to implement the goals, objectives, and policies of an Official Plan, and to provide for its day-to-day administration. The Residential Page 12 of 45 Page 38 of 990 land use designation that is proposed for the majority of the subject lands envisions a mix and variety of dwellings and supporting uses to foster the development of a complete community. In the absence of a concurrent Draft Plan of Subdivision application, Staff are of the opinion that the proposed “catch all” zoning approach does not allow for the appropriate implementation of the Official Plan. It is also noted that the site specific zoning relief as it relates to the maximum building height and minimum lot area for apartment dwelling units does not comply with the Official Plan. The applicant has requested a maximum building height of 12 storeys (36 m) and a minimum lot area of 50 m2 per dwelling unit, which equates to a density of 200 units per hectare based on the proposed areas of the multi-residential blocks. However, the residential policies of the Official Plan do not permit apartments with building heights greater than 6 storeys and residential densities greater than 100 units per hectare. Staff note that the Official Plan Amendment application does not address this discrepancy. As such, the Zoning By-law Amendment does not comply with the proposed Official Plan Amendment. Further, Staff opine that it is premature to consider the rezoning of the subject lands until the Grassy Brook Secondary Plan process is completed. This will ensure that a complete community with the necessary housing and employment opportunities can be achieved, and that an appropriate arrangement, mix, and gradation of uses is provided. Alternative Official Plan Amendment Although not recommended by Staff, should Council wish to approve the Official Plan Amendment application as detailed in Schedule 3, Staff present the following recommendations for Council's consideration: That the Official Plan Amendment as it applies to 9015 Stanley Avenue (Parcel 1 on Schedule 1) be refused; That the Official Plan Amendment as it applies to Parcel 2 on Schedule 1 be refused; o The ongoing Grassy Brook Secondary Plan process will determine the impacts of industries on the development of Parcel 2, and potential mitigation measures to be applied. That the Zoning By-law Amendment application be refused; That a Residential Special Policy Area stipulating the following be applied to Parcels 3, 4, 5 and 6 on Schedule 1: Page 13 of 45 Page 39 of 990 That the development shall occur in accordance with the Grassy Brook Secondary Plan, which will be adopted as an amendment to this Plan, and that no development or consideration of other development applications shall occur prior to the finalization of the Grassy Brook Secondary Plan; That the refinement to the extent of the Environmental Protection Area and other designations, and the establishment of appropriate setbacks and linkages shall occur at the Secondary Plan stage and shall be based on detailed and approved Environmental Impact Studies and Subwatershed Studies; That no development or site alteration shall be permitted within the areas designated Environmental Protection Area. For clarification, development and site alteration does not include the creation of a passive trail system that will be designed in conformity with a Trails and Open Space Plan that forms part of the Grassy Brook Secondary Plan; That no development shall be permitted until adequate servicing capacity is available. o That appropriate mitigation measures, as determined through land use compatibility studies, shall be incorporated into the implementing zoning by-law, site plan agreement, and/or plan of subdivision / condominium, as applicable; That the amending Zoning By-law shall require a Holding (H) provision to be applied for the following items: o Third-party infrastructure modelling to the satisfaction of the City; o Record of Site Condition to the satisfaction of the City and Niagara Region; o Stage 2 Archaeological Assessment (along with any subsequent Assessments and Ministry acknowledgement letters) to the satisfaction of the City and Niagara Region; o Updated Environmental Impact Statement / Water Balance Study / Irrigation Pond Hydrologic Evaluation to the satisfaction of the City, Niagara Region, and Niagara Peninsula Conservation Authority; o Updated Land Use Compatibility Assessment to the satisfaction of the City and Niagara Region; o Air Quality Study (with peer review at the owner’s expense) to the satisfaction of the City and Niagara Region; o Noise and Vibration Study (with peer review at the owner’s expense) to the satisfaction of the City and Niagara Region; and o Urban Design Study and Guidelines to the satisfaction of the City and Niagara Region Page 14 of 45 Page 40 of 990 Operational Implications and Risk Analysis No operational implications or risk. Financial Implications/Budget Impact The proposed residential development would ultimately generate development charge contributions and property tax revenue for the City. However, employment uses, which are components of a complete community, can yield other financial benefits. Employment uses can help to diversify the City’s tax assessment base. Further, given the varying tax rates (4.44% for industrial vs. 1.51% for residential), employment uses such as light industrial, can generate more tax revenue for the City in comparison to residential uses. Strategic/Departmental Alignment The proposed applications do not support the Vibrant and Diverse Economy Strategic Priority of Council, specifically as it relates to planning for future employment land needs. The proposal to redesignate and rezone Parcel 1 (9015 Stanley Avenue) on Schedule 1 for residential development is contrary to the findings of the Employment Lands Strategy and the noted Strategic Priority of Council. List of Attachments Schedule 1 Schedule 2 Schedule 3 Schedule 4 Schedule 5 Appendix 1 Appendix 2 Written by: Mackenzie Ceci, Senior Planner (Current Development) Submitted by:Status: Andrew Bryce, Director of Planning Approved - 17 Oct 2023 Kira Dolch, General Manager, Planning, Building & Development Approved - 17 Oct 2023 Erik Nickel, General Manager of Municipal Works Approved - 17 Oct 2023 Page 15 of 45 Page 41 of 990 Page 16 of 45 Page 42 of 990 1 3 4 2 5 6 SCHEDULE 1 LOCATION MAP Page 17 of 45 Page 43 of 990 SCHEDULE 2 CONCEPTUAL DEVELOPMENT PLAN Page 18 of 45 Page 44 of 990 SCHEDULE 3 PROPOSED OFFICIAL PLAN SCHEDULE Page 19 of 45 Page 45 of 990 SCHEDULE 4 PROPOSED ZONING BY-LAW SCHEDULE Page 20 of 45 Page 46 of 990 The provisions for Single Detached Dwellings are derived from the R3 Residential Mixed Zone. Section 7.8.2 Regulations for Detached Dwellings REQUIRED PROPOSED (a) Minimum Lot Area 370 square metres 225 square metres (b) Minimum Lot Frontage 12 metres for an interior lot. 15 metres for an exterior lot. 8.2 metres for an interior lot and 10 metres for a corner lot (c) Minimum Front Yard Depth 6 metres plus any applicable distance specified in section 4.27.1 4.5 metres to a dwelling and 6.0 metres to a garage. (d) Minimum Rear Yard Depth 7.5 metres plus any applicable distance specific in Section 4.27.1 7.0 metres SCHEDULE 5 PROPOSED SITE SPECIFIC ZONING RELIEF Page 21 of 45Page 47 of 990 Section 7.8.2 Regulations for Detached Dwellings REQUIRED PROPOSED (e) Minimum Interior Side Yard Setback 1.2 metres 1.2 metres on one side, and 0.6 metres on the other side. (f) Minimum Exterior Side Yard Setback 4.5 metres plus any applicable distance specified in Section 4.27.1 2.4 metres (g) Maximum Lot Coverage 45 % Not Applicable. (h) Maximum Height of a Building of Structure 10 metres, subject to Section 4.7 12.5 metres, subject to Section 4.7. (i) Deleted by By-law No 2011.136 - - (j) Number of Dwellings on One Lot. 1 only. 1 only, unless under Condominium Tenure. (k) Parking and Access Requirements In accordance with Section 4.19.1. In accordance with Section 4.19.1. (l) Accessory Buildings and Accessory Structures In accordance with Section 4.13 and 4.14. In accordance with Section 4.13 and 4.14. (m) Minimum Landscaped Open Space 30% of the lot area. 25% of the lot area. *NEW* Maximum Covered/Uncovered - 1.5 metres into a required front or exterior yard. 3.0 metres into a rear yard, or no more than 1.5 metres from the lot line. SCHEDULE 5 PROPOSED SITE SPECIFIC ZONING RELIEF Page 22 of 45Page 48 of 990 Section 7.8.2 Regulations for Detached Dwellings REQUIRED PROPOSED Porch/Balcony Projection *NEW* Maximum Driveway or Parking Area Width - 60% of the Lot Area SCHEDULE 5 PROPOSED SITE SPECIFIC ZONING RELIEF Page 23 of 45Page 49 of 990 TABLE 2: ZONING COMPLIANCE TABLE – SEMI-DETACHED DWELLINGS The provisions for Sem-detached Dwellings are derived from the R3 Residential Mixed Zone. Section 7.8.2 Regulations for Detached Dwellings REQUIRED PROPOSED (a) Minimum Lot Area 600 square metres 450 square metres, or 225 square metres per dwelling unit. (b) Minimum Lot Frontage 18 metres for an interior lot 20 metres for an exterior lot 15 metres or 7.5 metres per dwelling unit for Interior Lots 17.5 metres or 8.5 metres per dwelling for exterior lots. (c) Minimum Front Yard Depth 6 metres plus any applicable distance specified in section 4.27.1 4.5 metre to a dwelling and 6.0 metres to a garage. (d) Minimum Rear Yard Depth 7.5 metres plus any applicable distance specific in Section 4.27.1 7.0 metres SCHEDULE 5 PROPOSED SITE SPECIFIC ZONING RELIEF Page 24 of 45Page 50 of 990 Section 7.8.2 Regulations for Detached Dwellings REQUIRED PROPOSED (e) Minimum Interior Side Yard Setback 1.2 metres 1.2 metres on one side and 0.6 metres on the other side. (f) Minimum Exterior Side Yard Setback 4.5 metres plus any applicable distance specified in Section 4.27.1 2.4 metres (g) Maximum Lot Coverage 45 % Not Applicable. (h) Maximum Height of a Building of Structure 10 metres, subject to Section 4.7 12.5 metres, subject to Section 4.7. (i) Deleted by By-law No 2011.136 - - (j) Number of Dwellings on One Lot. 1 only. 1 only, unless under Condominium Tenure. (k) Parking and Access Requirements In accordance with Section 4.19.1. In accordance with Section 4.19.1. (l) Accessory Buildings and Accessory Structures In accordance with Section 4.13 and 4.14 In accordance with Section 4.13 and 4.14 (m) Minimum Landscaped Open Space 30% of the lot area. 25% of the lot area. *NEW* Maximum Covered/Uncovered - 1.5 metres into a required front or exterior yard. 3.0 metres into a rear yard, or no more than 1.5 metres from the lot line. SCHEDULE 5 PROPOSED SITE SPECIFIC ZONING RELIEF Page 25 of 45Page 51 of 990 Section 7.8.2 Regulations for Detached Dwellings REQUIRED PROPOSED Porch/Balcony Projection *NEW* Maximum Driveway or Parking Area Width - 60% of the Lot Area SCHEDULE 5 PROPOSED SITE SPECIFIC ZONING RELIEF Page 26 of 45Page 52 of 990 TABLE 3: ZONING COMPLIANCE TABLE – ON-STREET TOWNHOUSE DWELLINGS The provisions for Street Townhouse dwellings are derived from the R3 Residential Mixed Zone. Section 7.8.2 Regulations for Detached Dwellings REQUIRED PROPOSED (a) Minimum Lot Area 200 square metres 165 square metres (b) Minimum Lot Frontage 6.5 metres for each dwelling unit. 6.0 metres for each dwelling unit. (c) Minimum Front Yard Depth 6 metres plus any applicable distance specified in section 4.27.1 4.5 metre to a dwelling and 6.0 metres to a garage. (d) Minimum Rear Yard Depth 7.5 metres plus any applicable distance specific in Section 4.27.1 7.0 metres SCHEDULE 5 PROPOSED SITE SPECIFIC ZONING RELIEF Page 27 of 45Page 53 of 990 Section 7.8.2 Regulations for Detached Dwellings REQUIRED PROPOSED (e) Minimum Interior Side Yard Setback 3 metres 0.0 metres along demising walls and 1.2 metres for end units. (f) Minimum Exterior Side Yard Setback 4.5 metres plus any applicable distance specified in Section 4.27.1 2.4 metres (g) Maximum Lot Coverage 45 % Not Applicable. (h) Maximum Height of a Building of Structure 10 metres, subject to Section 4.7 12.5 metres, subject to Section 4.7. (i) Deleted by By-law No 2011.136 - - (j) Number of Dwellings on One Lot. 1 only. 1 only, unless under Condominium Tenure. (k) Parking and Access Requirements In accordance with Section 4.19.1. In accordance with Section 4.19.1. (l) Accessory Buildings and Accessory Structures In accordance with Section 4.13 and 4.14 In accordance with Section 4.13 and 4.14 (m) Minimum Landscaped Open Space 30% of the lot area. 25% of the lot area. *NEW* Maximum Covered/Uncovered - 1.5 metres into a required front or exterior yard. 3.0 metres into a rear yard, or no more than 1.5 metres from the lot line. SCHEDULE 5 PROPOSED SITE SPECIFIC ZONING RELIEF Page 28 of 45Page 54 of 990 Section 7.8.2 Regulations for Detached Dwellings REQUIRED PROPOSED Porch/Balcony Projection *NEW* Maximum Driveway or Parking Area Width - 60% of the Lot Area SCHEDULE 5 PROPOSED SITE SPECIFIC ZONING RELIEF Page 29 of 45Page 55 of 990 TABLE 4: ZONING COMPLIANCE TABLE – BLOCK TOWNHOUSE DWELLINGS The provisions for Block Townhouse dwellings are derived from the R4 Grouped Multiple Dwellings Zone. Regulations for Block Townhouse Dwellings REQUIRED (per R4 Zoning) PROPOSED (a) Minimum Lot Area 250 square metres 180 square metres (b) Minimum Lot Frontage 5 + Units - 30 metres 4 or less Units on an interior lot – 24 metres 4 or less units in a corner lot – 25.5 metres Not Applicable. (c) Minimum Front Yard Depth 6 metres plus any applicable distance specified in section 4.27.1 4.5 metre to a dwelling and 6.0 metres to a garage. (*If Condominium this shall be measured from the back of curb of a private roadway.) SCHEDULE 5 PROPOSED SITE SPECIFIC ZONING RELIEF Page 30 of 45Page 56 of 990 Regulations for Block Townhouse Dwellings REQUIRED (per R4 Zoning) PROPOSED (d) Minimum Rear Yard Depth 7.5 metres plus any applicable distance specific in Section 4.27.1 7.0 metres (e) Minimum Interior Side Yard Setback 3 metres 0.0 metres along demising walls and 1.5 metres for end units. (f) Minimum Exterior Side Yard Setback 4.5 metres plus any applicable distance specified in Section 4.27.1 2.4 metres (g) Maximum Lot Coverage 45 % Not Applicable. (h) Maximum Height of a Building of Structure 10 metres, subject to Section 4.7 12.5 metres, subject to Section 4.7. (i) Deleted by By-law No 2011.136 - - (j) Number of Dwellings on One Lot. Subject to compliance with section 7.9.3, more than one dwelling is permitted on one lot Subject to compliance with section 7.9.3, more than one dwelling is permitted on one lot (k) Parking and Access Requirements In accordance with Section 4.19.1. In accordance with Section 4.19.1. (l) Accessory InaAccordance with Section 4.13 and 4.14 In accordance with Section 4.13 and 4.14 SCHEDULE 5 PROPOSED SITE SPECIFIC ZONING RELIEF Page 31 of 45Page 57 of 990 Regulations for Block Townhouse Dwellings REQUIRED (per R4 Zoning) PROPOSED Buildings and Accessory Structures (m) Minimum Landscaped Open Space 45 square metres for each dwelling unit. 25% of the Lot area. (n) Minimum privacy Yard Depth for Each Townhouse Dwelling Unit, as Measured from the Exterior Rear Wall of every Dwelling Unit. 7.5 metres 7.0 metres *NEW* Maximum Covered/Uncovered Porch/Balcony Projection - 1.5 metres into a required front or exterior yard. 3.0 metres into a rear yard, or no more than 1.5 metres from the lot line. *NEW* Maximum Driveway or Parking Area Width - 60% of the Unit width. SCHEDULE 5 PROPOSED SITE SPECIFIC ZONING RELIEF Page 32 of 45Page 58 of 990 TABLE 5: ZONING COMPLIANCE TABLE – APARTMENT DWELLINGS The provisions for Apartment dwellings are derived from the R4 Grouped Multiple Dwellings Zone. Regulations for Apartments REQUIRED (per R4 Zoning) PROPOSED (a) Minimum Lot Area 200 square metres for each dwelling unit. 50 square metres for each dwelling unit. (b) Minimum Lot Frontage 5 + Units - 30 metres 4 or less Units on an interior lot – 24 metres 4 or less units in a corner lot – 25.5 metres 30 metres (c) Minimum Front Yard Depth 7.5 metres plus any applicable distance specified in section 4.27.1 0 metres (d) Minimum Rear Yard Depth 7.5 metres plus any applicable distance specific in Section 4.27.1 One half the height of the building. SCHEDULE 5 PROPOSED SITE SPECIFIC ZONING RELIEF Page 33 of 45Page 59 of 990 Regulations for Apartments REQUIRED (per R4 Zoning) PROPOSED (e) Minimum Interior Side Yard Setback 3 metres One half the height of the building. (f) Minimum Exterior Side Yard Setback 4.5 metres plus any applicable distance specified in Section 4.27.1 0.0 metres (g) Maximum Lot Coverage 45 % 35% or 50% with underground parking provided. (h) Maximum Height of a Building of Structure 10 metres, subject to Section 4.7 36 metres or 12 storeys (i) Deleted by By-law No 2011.136 - - (j) Number of Dwellings on One Lot. Subject to compliance with section 7.9.3, more than one dwelling is permitted on one lot Subject to compliance with section 7.9.3, more than one dwelling is permitted on one lot (k) Parking and Access Requirements In accordance with section 4.19.1. In accordance with section 4.19.1. (l) Accessory Buildings and Accessory Structures In Accordance with Section 4.13 and 4.14 In Accordance with Section 4.13 and 4.14 (m) Minimum Landscaped Open Space 45 square metres for each dwelling unit. 30% of the lot area. *NEW* Commercial Uses - Permitted on the ground floor only, subject to the provisions of the NC Zone. Commercial uses must occupy at least 50% of the main floor area of a building in order to be permitted. SCHEDULE 5 PROPOSED SITE SPECIFIC ZONING RELIEF Page 34 of 45Page 60 of 990 1. Land Use Compatibility Assessment (prepared by RWDI AIR Inc. Consulting Engineers & Scientists; dated December 2020) • The Assessment was prepared to investigate the compatibility of the proposed development with existing industrial facilities within a 1- kilometer radius of the subject land that may be source for pollutants, dust, odour, noise and / or vibration. • The Assessment identified 46 industrial facilities within 1 kilometer of the subject lands, and concluded that the facilities are well beyond the minimum setback distances prescribed by the D-6 Guidelines based on the assigned Classes. • Based on a preliminary air quality review for the identified Class II and Class III industries, the zone of potential influence associated with some of the industries overlaps with the subject lands. However, the Assessment concluded that the facilities are not expected to impact air quality at the subject lands. • From a noise perspective, the Assessment concluded that all Class III facilities are not expected to impact the subject lands. 2. Environmental Impact Statement (EIS) (prepared by Colville Consulting Inc.; dated July 2021; amended January 2023 and May 2023) • The EIS was prepared to demonstrate that there will be no significant negative impact to the natural heritage features located on or adjacent to the subject lands. • The EIS confirmed the presence of the following natural heritage features: o Provincially Significant Wetlands (PSWs), including the Lyons Creek PSW in the southwest corner of Parcel 1 and along the shoreline of Lyons Creek within Parcels 5 and 6, and the Welland River East PSW along the shoreline of the Welland River within Parcel 3. ▪ The EIS recommends a 15 m buffer adjacent to the Lyons Creek PSW on Parcel 1, and a 30 m buffer adjacent to the Welland River PSW on Parcel 3 and the Lyons Creek PSW on Parcel 5 and 6; o Pin Oak Mineral Deciduous Swamp and Green Ash Mineral Deciduous Swamp throughout Parcels 3 and 6. The EIS does not indicate if the Ministry of Natural Resources and Forestry APPENDIX 1 Page 35 of 45 Page 61 of 990 (MNRF) has reviewed these features to determine if they meet wetland complexing criteria or if the Niagara Peninsula Conservation Authority (NPCA) have confirmed that they are not regulated wetland features; o Significant Valleyland associated with the Welland River and Lyons Creek. In order to maintain continuity of the feature and habitat function, the EIS recommends that the lands within 30 m of Lyons Creek and below and adjacent to the top of bank of the Welland River be retained and left to naturalize; o Significant Woodlands located in southwest corner of Parcel 1, and along the northern extents of Parcels 3 and 5. The EIS proposes a 15 m buffer for the Significant Woodlands, which has been supported by Regional Staff. The EIS proposes the removal of 0.7 ha of the woodland located on Parcel 1. The EIS concludes that the proposed removal will have no negative impact as the remainder of the woodland off-site will continue to provide habitat opportunities. Regional Staff are not satisfied with this conclusion; o A Critical Fish Habitat within the Welland River and Lyons Creek. The EIS recommends a 30 m buffer adjacent to the watercourses to protect the fish habitat. Two small tributaries to Lyons Creek are present to the north of Lyons Creek Road. The EIS determined that the tributaries are not providing a significant habitat function; and o A Significant Wildlife Habitat consisting of a rare vegetation community in Lyons Creek, and migration corridors adjacent to Lyons Creek and the Welland River. The EIS concludes that there is not a significant wildlife corridor function provided by the watercourses, and that the 30 m buffer that is proposed in associated with the Lyons Creek PSW is sufficient to protect the integrity of the vegetation community. Further, the EIS documented three threatened species, and no endangered species or suitable habitat for bats. • The EIS was amended on two occasions to address the comments raised by Regional and Niagara Peninsula Conservation Authority Staff. Through the amended study work, a Significant Woodland was identified at the eastern extent of Parcel 5, and a candidate Significant Wildlife Habitat was confirmed as the EIS indicated that bat species may be roosting in scattered trees throughout the subject lands. Additional wildlife survey data and information was also supplied for review by APPENDIX 1 Page 36 of 45 Page 62 of 990 agencies. 3. Water Balance Study (prepared by Terra-Dynamics Consulting Inc; dated July 2021; amended July 2022) • The Study was prepared to investigate the effects of the proposed development on the wetlands’ hydrology and the productive capacity of fish habitat. • The Study concluded the following: o The reduction in surface water flow to the Welland River will not be significant; o The development of Parcels 5 and 6 should not negatively impact the hydrology of Lyons Creek; o The proposed development should not negatively impact the hydrology of the Lyons Creeks PSW on Parcel 1, provided that rear yard drainage of 23 m is maintained adjacent to the feature; o The setbacks adjacent to the Welland River East PSW on Parcel 3 that are proposed through the EIS are sufficient; and o The setbacks adjacent to the Lyons Creek PSW on Parcel 6 that are proposed through the EIS are not sufficient. An additional 3 m wetland setback is recommended, to be composed of grass or other vegetation rather than physical development to ensure that surface flows can continue towards Lyons Creek by way of rear yard drainage. • The Study was amended to address the comments raised by Niagara Peninsula Conservation Authority Staff. The amended Study concluded the following: o The setbacks adjacent to the Welland River East PSW on Parcel 3 that are proposed through the EIS are sufficient for June and October. However, additional clean rear yard and / or roof runoff towards the wetland will be required as part of the future stormwater management design to meet a modelled September deficit; and o The setbacks adjacent to the Lyons Creek PSW on Parcel 6 that are proposed through the EIS are sufficient for June. However, additional clean rear yard and / or roof runoff towards APPENDIX 1 Page 37 of 45 Page 63 of 990 the wetland will be required as part of the future stormwater management design to meet a modelled October deficit. 4. Irrigation Pond Hydrologic Evaluation (prepared by Terra-Dynamics Consulting Inc; dated March 2023) • The Evaluation was prepared in response to the comments provided by the Niagara Peninsula Conservation Authority regarding the irrigation ponds that were constructed in association with the former golf course. • The Study concludes that the irrigation ponds do not constitute Conservation Authority regulated wetlands under the Conservation Authorities Act, 1990. 5. Traffic Impact Study (TIS) (prepared by R.V. Anderson Associates Limited; dated November 2021; amended January 2023) • The TIS was prepared to assess the potential effects of traffic generated by the proposed development on the existing road network, and to identify road improvements (as necessary) to ensure that the road network operates at an acceptable level of service. • Findings of the TIS include the following: o The proposed development is estimated to general 250 inbound and 605 outbound trips during the weekday AM peak hour, and 800 inbound and 569 outbound trips during the weekday PM peak hour; o The development proposes five new roads that intersect with the Regional road network. To maintain an acceptable level of service to the 2031 horizon, the TIS recommends signalizing the new east-west intersections with Stanley Avenue and introducing a southbound auxiliary left-turn lane. Further, the three new intersections with Lyons Creek Road are recommended to be unsignalized with auxiliary left-turn lanes; o The Lyons Creek Road intersection with Stanley Avenue is forecast to operate with no delay, queuing, or capacity issues for all movements, except for the northbound movement which is forecast to operate with delays of under one minute; o The signalization of the Chippawa Parkway and Lyons Creek Road intersections with Stanley Avenue, and the introduction of auxiliary turn lanes at the intersection of Chippawa Parkway and APPENDIX 1 Page 38 of 45 Page 64 of 990 Stanley Avenue, as recommended through TISs that have been completed in association with nearby development proposals, is required to maintain an acceptable level of service to the 2031 horizon; and o The introduction of a southbound auxiliary left-turn lane at the intersection of Stanley Avenue and Lyons Creek Road is recommended. • The TIS notes that a horizon of 2031 is utilized as the Niagara Region’s 2017 Transportation Master Plan recommends future roadway capacity expansion projects for both Stanley Avenue and Lyons Creek Road by 2031 in response to projected capacity constraints. 6. Stage 1 Archaeological Assessment (prepared by Detritus Consulting Ltd; dated September 2021) • The Assessment was prepared to evaluate the archaeological potential of the subject lands. • The Assessment determined that portions of the subject lands exhibit a moderate to high potential for the identification and recovery of archaeological resources. For this reason, the Assessment recommends the completion of a Stage 2 Archaeological Assessment. • Staff note that a Stage 2 Archaeological Assessment has not be submitted to the City to date. 7. Phase One & Two Environmental Assessments (ESA) (prepared by Wood Environment & Infrastructure Solutions; dated September 2021) • The Assessments were prepared to evaluate known and possible environmental contaminants, and the need for remediation prior to the filing of a Record of Site Condition (RSC). • The Phase One ESAs for Parcels 1, 2, 3 and 4 identified a total of ten Areas of Potential Environmental Concern (APECs) associated with fill material, and activities related to the former Oaklands Golf Club and King Waldorf’s Tent and Trailer Park. For this reason, the Phase One ESAs recommended the completion of Phase Two ESAs. The Phase Two ESAs confirmed the presence of contaminants and noted that remediation is required prior to filing an RSC. 8. Functional Servicing Brief (prepared by Upper Canada Consultants; dated July 2021) APPENDIX 1 Page 39 of 45 Page 65 of 990 • The Brief was prepared provide an overview of existing municipal services and projected servicing requirements for the proposed development. • Conclusions of the Brief include the following: o The proposed development can be serviced by the existing 300 mm diameter watermains located within the Stanley Avenue and Lyons Creek Road road allowances; o Fire protection will be provided by way of municipal fire hydrants located throughout the proposed development; o Sanitary flows generated by the development are proposed to be conveyed to a proposed sanitary pumping station on the subject lands, before being conveyed by forcemain to the existing 825 mm diameter Regional trunk sanitary sewer on Stanley Avenue; o The South Niagara Falls Wastewater Treatment Plant, which is estimated to be under construction by 2024, can provide the necessary capacity to accommodate sanitary flows produced by the proposed development; o Stormwater quantity controls are not considered necessary for this development as the subject lands outlet at the lower end of the watersheds associated with Lyons Creek and the Welland River; and o With respect to stormwater quality controls, peak stormwater flows generated within the subject lands are proposed to be conveyed to a stormwater management pond, before ultimately outletting to Lyons Creek. APPENDIX 1 Page 40 of 45 Page 66 of 990 Niagara Region • March 16, 2022 o Regional Staff opine that it is premature to consider the proposed Official Amendment in advance of finalizing the Grassy Brook Secondary Plan; o The proposed Amendment fails to establish how the eventual build-out of the subject lands could influence the future development of adjacent lands; o At this time, Regional Staff are unable to support the proposed Amendment from a land use compatibility perspective as insufficient information has been provided for the purpose of determining appropriate facility classifications, potential influence areas, and minimum separation distances. Submission of an updated Land Use Compatibility Assessment, an Air Quality Study (with peer review), and a Noise and Vibration Study (with peer review) are requested; o The subject lands are impacted by the Regions’ Core Natural Heritage System. At this time, Regional Staff cannot confirm if the proposed Amendment conforms to the Regional Official Plan from an environmental perspective as a number of deficiencies were identified following a review of the Environmental Impact Statement (EIS). Regional Staff have requested the completion of an EIS Addendum to address the following: ▪ Submission of correspondence from the Ministry of Natural Resources and Forestry and Niagara Peninsula Conservation Authority confirming the boundaries of the regulated wetlands; ▪ Consideration of a larger wetland buffers adjacent to the PSWs on Parcels 1 and 6 in accordance with the recommendations of the Water Balance Study; ▪ Arrange a Site Visit with Regional Environmental Planning Staff to delineate the extent of any regionally-designated natural heritage features; ▪ Provide updated justification for the proposed removal of the 0.7 ha of Significant Woodland and demonstrate how the test of no negative impact is achievable; ▪ Assess the wooded areas located within Parcels 1 and 5 for significance; ▪ Reassess the proposed fish habitat buffer width adjacent to Lyons Creek and update the EIS to provide more information about the two small tributaries of Lyons Creek; ▪ Include a Significant Wildlife Habitat Section in the EIS and complete additional wildlife surveys; APPENDIX 2 Page 41 of 45 Page 67 of 990 ▪ Submission of correspondence from Ministry of the Environment, Conservation and Parks regarding the extent of Species at Risk on the subject lands; ▪ Elaborate on the amount of survey effort spent on confirming the absence of bat habitat and consider completing acoustic monitoring; ▪ Assess opportunities for restoration and pedestrian access to the Welland River and Lyons Creek; ▪ Complete a fulsome assessment of how wildlife are moving through the subject properties and consider the appropriateness of establishing wildlife corridors; and ▪ Provide a fulsome list of appropriate mitigation measures. o In accordance with the recommendations of the Environmental Site Assessments, remediation is required prior to the filing of a Record of Site Condition. In the absence of a Record of Site Condition, the use of holding provisions and implementation of draft plan approval conditions will be required; o In the absence of a Secondary Plan, Regional Urban Design Staff recommend that comprehensive Urban Design Guidelines be prepared as part of any future Planning Act applications (Zoning By-law Amendment / Draft Plan of Subdivision); o In accordance with the recommendations of the Stage 1 Archaeological Assessment, the completion of a Stage 2 Archaeological Assessment is required (along with any subsequent Assessments and Ministry acknowledgement letters) as part of any future Planning Act applications (Zoning By-law Amendment / Draft Plan of Subdivision); and o With respect to the Traffic Impact Study, Regional Staff have recommended various revisions and requested the provision of functional drawings for all proposed intersection improvements. The cost to design and construct these improvements will be the responsibility of the Developer. • July 11, 2022 o In the absence of the requested studies / updates, Regional Staff are unable to confirm whether the proposed Amendments are consistent with the Provincial Policy Statement and conform to Provincial and Regional growth management policies from environmental and land use compatibility perspectives. As such, Regional Staff cannot support the proposed Amendment until all study requirements are provided and reviewed. APPENDIX 2 Page 42 of 45 Page 68 of 990 • February 9, 2023 o In the absence of the requested studies / updates, Regional Staff are unable to confirm whether the proposed Amendments are consistent with the Provincial Policy Statement and conform to Provincial and Regional growth management policies from environmental and land use compatibility perspectives. As such, Regional Staff cannot support the applications as submitted; and o Additional information is still required to demonstrate that the proposal will not have a significant impact on the Region’s Core Natural Heritage System. • July 4, 2023 o In the absence of updated materials Regional Staff cannot confirm consistency with the Provincial Policy Statement and conformity to Provincial and Regional policies. As such, Regional Staff cannot support the applications as submitted; o In the absence of updated materials, Regional Staff are requesting that a peer review of the Land Use Compatibility Assessment be completed at the applicant’s cost; Environmental Planning o Staff continue to recommend that a 33 m buffer from the wetlands associated with Lyons Creek be maintained in a single block to ensure that the hydrologic requirements for the wetlands are maintained in perpetuity; o Staff require a site visit to delineate the extent of any regionally- designated natural heritage features; o Staff reiterate that the proposed removal of 0.7 ha of woodland may be difficult to support without additional justification and a robust mitigation strategy. Quantifying the amount of tree removal proposed by completing a tree inventory would be helpful for staff review; o Staff remain concerned with the amount of survey effort completed for Breeding Birds; o Staff request that the results of the 2023 amphibian surveys be circulated to Regional staff when available. Please also circulate the results of the 2022 amphibian surveys, and include a map indicating the location of APPENDIX 2 Page 43 of 45 Page 69 of 990 survey stations; o Staff have reviewed the EIS Addendum and are not yet satisfied that previous Regional comments requesting additional information related to survey effort for reptiles and turtles has been provided; o Staff are of the opinion that additional breeding bird surveys would be required to confirm presence / absence of Eastern Wood-pewee and Wood Thrush. In the absence of additional surveys, the impact assessment should be updated with the understanding that candidate habitat is present for both species; o Staff are of the opinion that Significant Wildlife Habitat associated with the golf course ponds cannot be ruled out due solely to the fact that they were constructed for golf course purposes. Staff are willing to consider the removal of the ponds but a mitigation strategy is required to demonstrate that their habitat function will be recreated elsewhere on the subject property; o Staff note that the survey dates are not consistent with the protocol. The dates outlined in the EIS are June 23 – July 6, and survey protocols require a minimum of 10 consecutive dates in June. The EIS also indicates that there was inappropriate weather during the survey period; o Staff continue to recommend that the best planning mechanism to evaluate wildlife linkages/corridors is a comprehensive study like Subwatershed Study, where the entirety of the Secondary Plan area can be assessed to determine the most appropriate location for corridors. In the absence of such a study, the onus to demonstrate why a linkage is or is not required is placed on the applicant. Staff are of the opinion that not enough information has been provided to satisfy staff that a corridor should not be located on the subject properties; and o Staff continue to request more information related to future enhancement / restoration areas be identified at this stage of the development in an effort to ensure that the test of no negative impact associated with the proposed removal of features can be supported. Niagara Peninsula Conservation Authority (NPCA) • The NPCA is not in a position to support the applications at this time. A site visit remains the most appropriate route to determine the regulatory limits of the Conservation Authority APPENDIX 2 Page 44 of 45 Page 70 of 990 • Wetland limits need to be determined via a wetland staking and survey of the features with NPCA staff to determine if the Water Balance findings and Environmental Impact Statement recommendations / mitigation measures are appropriate. The Environmental Impact Statement notes that a ‘high-level assessment of potential impacts’ was considered. Detailed site-specific assessments should be discussed. • Findings from the feature-based water balance will need to be included and discussed within the Environmental Impact Statement to understand how / if they align. • Please confirm if all wetlands (evaluated and un-evaluated) on the subject property and the ones that traverse immediately adjacent to the subject property were considered in the water balance. • The amended Water Balance Study by Terra-Dynamics Consulting Inc. does not include monthly water balance analysis for the wetlands located on Property 1. Although different information is submitted in the amended Water Balance, please submit the water balance analyses for the wetlands on Property 1. Specifically, NPCA Staff request analysis for the unit of the Provincially Significant Lyons Creek Wetland Complex located on Property 1. Property 2 and Property 3 analyses was found in Appendix B of the original submission. • Staff request that at a minimum the buffers identified to maintain hydrologic function of the wetlands be located outside of the development area to ensure continued protection of the adjacent wetland’s hydrologic function. The Water balance and the Environmental Impact Statement recommendations should align. APPENDIX 2 Page 45 of 45 Page 71 of 990 Address: 9015 & 8970 Stanley Avenue, Lands to the East and West of 8970 Stanley Avenue, and Lands on the South Side of Lyons Creek Road, East of Stanley Avenue Applicant: 2610823 Ontario Inc. (Angelo Butera) Official Plan & Zoning By-law Amendments AM-2021-016 & AM-2022-015 Proposal: To facilitate the development of ~ 1,344 dwelling units, commercial uses, parks / trails, a stormwater management pond, and a sanitary pumping station Page 72 of 990 A GREAT CITY…FOR GENERATIONS TO COME Location Vacant Industrial Lands Stanley Avenue Business Park Confluence of Lyons Creek and Welland River Chippawa Community Page 73 of 990 A GREAT CITY…FOR GENERATIONS TO COME Background •~ 82.9 hectares •~ 1,344 dwelling units –679 detached dwellings units –155 on-street townhouse dwellings units –510 multi-residential dwelling units •Parks •Commercial •Environmental Protection Area •Net residential density of 29.78 units per hectare Page 74 of 990 A GREAT CITY…FOR GENERATIONS TO COME Proposed Official Plan Designations Page 75 of 990 A GREAT CITY…FOR GENERATIONS TO COME Proposed Zoning Page 76 of 990 A GREAT CITY…FOR GENERATIONS TO COME Public Comments •Open House for Official Plan Amendment application held on January 10, 2022 and attended by 46 area residents •Open House for Zoning By-law Amendment application held on September 13, 2022 and attended by 53 area residents •Written comments received from numerous area residents •Concerns frequently raised by area residents include: Wildlife displacement and habitat loss Traffic volume Environmental contamination Page 77 of 990 A GREAT CITY…FOR GENERATIONS TO COME Recommendation That Council refuse the proposed Official Plan and Zoning By-law Amendment applications, as detailed in Report No. PBD-2023-62 Page 78 of 990 LYONS NARROWS OFFICIAL PLAN AMENDMENT AM -2021-016 ZONING BY-LAW AMENDMENT AM -2022-015 CITY OF NIAGARA FALLS STATUTORY PUBLIC MEETING OCTOBER 24, 2023 Craig Rohe, M.Pl., MCIP, RPP Senior Planner Upper Canada Consultants Page 79 of 990 What is being proposed? 2610832 Ontario Inc. has submitted applications for Official Plan Amendment and Zoning By-law Amendment for lands located on the west side of Stanley Avenue, north of Lyon’s Creek Road and lands east of Stanley Avenue on the north and south side of Lyon’s Creek Road. The Applications: 1.Establish Land Use Designations and Zoning to facilitate future residential and commercial development. 2.Implement Natural Heritage Designations and Zoning to protect evaluated features on-site and adjacent to the subject lands. 3.Establish flexible Zoning provisions and detailed Urban Design Guidelines to support the development a full range of dwelling forms, parks and complete streets.Page 80 of 990 SUBJECT LANDS Page 81 of 990 Page 82 of 990 Total Site Area –82.88 hectares / 204.8 acres Total Developable Area –69.05 hectares / 170.6 acres 83% of the lands are developable Total Area for Environmental Protection –13.83 hectares / 34.17 acres 16% of the subject lands will be protected from development Total Area for Parkland and Trails –4.6 hectares / 11.36 acres 6% of the developable area for new parks and trailsPage 83 of 990 Total Amount of Detached Units 679 Dwelling Units Total Amount of Multiple Residential Units (TH/ APT) •665 Dwelling Units Projected Units and Population •1,344 new dwelling units •3,179 people Page 84 of 990 Page 85 of 990 Page 86 of 990 Page 87 of 990 Page 88 of 990 Supporting Materials and Submissions •Draft Official Plan Amendment and Mapping •Draft Zoning By-law Amendment and Mapping •Planning Justification Reports and Addendums •Functional Servicing Report •Environmental Impact Study and Addendums •Hydrogeological Assessment •Stage 1 Archaeological Assessment •Land Use Compatibility Study •Transportation Impact Study •Urban Design Guidelines •Phase 1 and 2 Environmental Site Assessments Comment Replies to City, Agency and Public Comments •January 2023 •February 2023 •May 2023 •June 2023Page 89 of 990 Application Timeline Official Plan Amendment Submission –July 11, 2021 Official Plan Amendment Deemed Complete –December 13, 2021 Open House Meeting –January 10, 2022 Zoning By-law Amendment Submission –February 8, 2022 Zoning Amendment Deemed Complete –June 9, 2022 Open House Meeting –September 13, 2022 Public Meeting and Recommendation on Both Applications –October 24, 2023 Total Processing Time from being Deemed Complete Official Plan Amendment –680 Days Zoning By-law Amendment -502 days O P A Z B A Page 90 of 990 Planning Merits of the Application Development will be directed to Urban lands with municipal servicing available. The lands are within the Built-up area, which is a priority location for intensification development. Land served by Regional Roads (Lyons Creek Road, Stanley Avenue) and capable of accommodating future public transit service The proposed development will utilize the large scale public investment in a new sewage treatment facility. Will provide a significant amount of housing of varying forms, densities, tenures and prices. Proactively identify, designate and zone natural heritage feature locations and protective buffers. Page 91 of 990 Planning Position 1.The Applications are consistent with the 2020 Provincial Policy Statement. 2.The applications conform with the 2020 Growth Plan for the Greater Golden Horseshoe. 3.The Applications conform with the Niagara Official Plan. 4.The Applications implement the growth and development direction of the Niagara Falls Official Plan. 5.The requested Zoning provisions are appropriate for the subject lands. It is respectfully recommended that these applications be approved by the City of Niagara Falls.Page 92 of 990 Page 93 of 990 1 Julie Hannah From: Sent:Monday, September 12, 2022 4:58 PM To:Julie Hannah Subject:[EXTERNAL]-Zoning bylaw amendment AM-2022-015 To Niagara Falls council, AM-2022-015 Zoning by-law amendment application for the conservation open space should not be approved. The land should be preserved and restored. Building should only occur in appropriate areas in order to achieve sustainable and responsible development. I would like to see council investigate an alternative to building on the conservation lands and preserve the woodland and tree canopy on Lyons Creek Road. The proposed zoning change for development at the old Oaklands Golf course and Marineland camp ground is unacceptable to me for several reasons. 1. We should be adding to our tree canopy not cutting down mature oaks. Our goal is 30% canopy coverage and we sit at or below 17% so the removal of any trees is misguided. 2. The Niagara region hosts 25% of the species found in Canada due to its unique habitat. The proposed building site is a prime turtle nesting area. The runoff from human activities will possibly compromise many species. 3. There should be no building permits approved unless ALL comprehensive environmental, geological and other impact studies are completed. Niagara is a fly way for many migrating birds and the conservation land of the river and creek must be maintained. There are many ways the builder can configure their plan that would be suitable to the people buying homes that protect wildlife at the same time. I request that no zoning changes of any kind be made and the builder keep the development within the current zoning boundaries. There are 3,000 housing units already authorized for Niagara, I suggest those be developed first and see where the need is before we green light any more, like the 1300 units proposed for the Oakland golf course. We need more affordable housing but not at the expense of conservation land. Do not destroy the natural habitats of so many of the species in our area. We need the right housing in the right place. We also need to recognize the value in leaving natural spaces alone. Money does not make oxygen. Trees do. Money does not replace habitat. Nature knows how to keep balance and we should take a lesson. We should be focusing development in the city core where the services and transportation needs of people can be met. Urban sprawl is already an issue we do not need to add to it. Build smart not convenient. I would recommend the city require a tree inventory be done on any new property, and each mature tree be assigned a value. If it is “accidentally” cut down that price be added to the tax bill and paid by the developer or passed on to the homeowner. Any trees left in place should entitle the homeowner to a carbon credit so the true value of the environment is monetized. Sad that just doing the right thing is not enough there needs to be money involved. Money is not real and our reliance on nature is, so whatever incentive that is required should be deployed. Page 94 of 990 2 The beauty of Niagara is what attracts people here. Paving paradise is just not wise. Build up not out. Concentrate the dwellings and use the natural landscape be an enhancement to the city. The drive up Lions Creek Road is beautiful in every season. Do not let it be destroyed for mindlessness. Keep the conservation areas intact and build in the city first! I will be voting in October using the councillor’s response as a guide. Thank you for your thoughtful attention to this very important matter. Alwyn Verbeek Niagara Falls tax payer CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 95 of 990 To Whom It May Concern: I am not sure how formal this letter is supposed to be, but we just wanted to be open and, honest, and hopefully heard. I have lived in Chippawa my whole life, and now I am raising my family here (around the corner from where you want to build). Apart of the appeal, and the charm of Chippawa is the fact that it is a small-town village, it is a small tight knit community where you know your neighbors, and you support your local family ran grocery store, or restaurant. We have two great elementary schools, that will become over populated, and that could potentially affect my child’s learning. We already have water issues with storm drainage due to the new subdivision behind us, the storm sewers are not big enough to handle everyone’s rain drainage, and as a result we flood with each heavy storm, adding a new subdivision is not going to help that. Our small town was not meant for all these new developments. Traffic, destruction of greenery, land, forcing wildlife out of their homes (i.e. deer, coyotes), they will now find themselves in our neighborhood as they have nowhere else to go posing a risk for our children, and pets, over populating the schools, rentals, and air bnb’s, attracting the wrong type of individual(s), I could go on, and on. I know most of our small town feels this way, so I hope you really do listen to us, and do not go forward with this proposal of a new build subdivision. Thank you for your time Sincerely, A family who really enjoys their quiet, small-town Page 96 of 990 1 Julie Hannah From: Sent:Tuesday, September 13, 2022 4:33 PM To:Julie Hannah Subject:[EXTERNAL]-Attn: Proposed Amendment Sept 13/22 Attachments:To Whom It May Concern.docx Follow Up Flag:Follow up Flag Status:Flagged Hi there, Please see the attached letter, thank you CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 97 of 990 1 Julie Hannah From:Alfred Weston Sent:Sunday, September 11, 2022 10:40 PM To:Julie Hannah; Jim Diodati Subject:[EXTERNAL]-No zoning change Purpose To stop or modify the application to the City of Niagara Falls Ontario for expansion and multi structure housing plan in South Niagara. I had the luxury of participating in the online open house and this letter is further to that. My name is Alfred Weston I live at The area in question was part of my playground while growing up as I am a lifelong resident of the Village and have great respect for its wonderful history. I will happily share any information and thoughts about this area to maintain it’s natural and historic value. This development would permanently destroy highly sensitive and easily damaged wetlands along with all of the flora and fauna that has existed here for centuries. From my personal observations I have found not only the rare species that existed here in many cases are gone, but those that remain become scarcer all the time. Many of these creatures and plants no longer exist and those that do are rarer than they used to be. Gone in this group there are several species of turtles, at least two species of snakes, fish, salamanders, skink, pond crawfish, birds and mink. In another portion of bush that was cut down earlier was a honey tree. These days you rarely see blue herons, marsh hens, kingfishers and owls along with many others. This has all been visited on us by mankind who are attracted to these properties because of the nature they love to be immersed in, but subsequent development serving this attraction destroys the very nature which calls us. Wetlands are replaced with houses, asphalt and bucolic names for urban streets such as “Marsh Hollow” or “Pondview Lane” which is all that actually remain of the original wild lands. When was the last time you saw frogs eggs, and then later saw pollywogs, then watched them turn into frogs? Without wetlands these delights are lost especially to children. When these places are gone they are gone forever and as they are an important part of our aquifer and can you honestly say we can afford to lose them? Amongst other wetland features of value, the creek’s shores contain one of the rare growths of Water Willow in Ontario or Canada, plus the mudpuppies in Lyons Creek, that are declining rapidly. That is the only place in Ontario I know of, in my fishing experience that they exist. Please contemplate long and Page 98 of 990 2 hard, YOU OUR LEADERS; for our sake, you can’t replace our wetlands and it’s flora and fauna with money. The expansion of population in this single development will be greater than the entire number of people living in the former Village of Chippawa when it was absorbed by the City It is greed stacked on folly to destroy wetland in an effort to shoehorn in an additional handful of residences. There are hidden risks as well, which may impact the health of new homeowners. The areas shown plus the north west shore of the Crick to Portage Road was my playground as a youngster. The shore on that side of the Creek is mostly soil dumped or pumped up as a slurry. There were several ponds in the low lying areas that supported cat tails crawfish water weeds and small fish. What would be under that soil is anyones guess the area was all low hillocks pine trees and weeds. In that era industries or anyone with waste material dumped it anywhere it might not be seen. One of the industries had a research building working on the Manhattan Project involving radioactive material. On the odd occasion I saw this company’s trucks dumpling barrels in the deeper swamp next to a home then bulldozing soil over them. This was on the northeast shore of Lyons Creek the men who owned the property and lived there worked for the company. Two wood lots that were reduced considerably when the golf course was constructed have been ruined. Previously the open areas were farmed and turned into a golf course but what was not noticed was that Geese used the area as a haven during severe weather and heavy fog when they could not fly. Installing services for this development would undermine what little wetlands remain and destroy them while disrupting the overall aquifer. Servicing the area will be a nightmare with vehicular traffic i.e. personal, delivery, garbage and more adding risk to users of having accidents This will be sandwiched in between two lane Lyons Creek Road (a high traffic corridor) and a two lane bridge on Stanley Street which serves Industrial and Local traffic. A traffic circle might ameliorate some of the traffic problems but would slow traffic on Lyons Creek Road, add to that it would be necessary to make both roads Four Lanes to accommodate higher volume at certain times of the day. Added to that if it is necessary to access either road directly stop lights would be necessary. All of these changes would only slow traffic even more. I can see the heavy hitters wanting a water front view and a place handy to park their water craft, but does this give the entitled permission to destroy the living pattern of an entire community. By moving this project even a little closer to the City’s core would accommodate more of their needs better and at the same time not destroy an urban community in the process. I truly feel that by preserving a small, historic community would better serve Niagara Falls to expand their “Think Tourists” project and save the next established community after Niagara on the Lake in the area that has Historic Page 99 of 990 3 significance and at the same time protect these properties and all things pertaining to these sights. The additional water traffic will add further danger to our young and unwary. I believe that we are here to husband nature not destroy it, PS SOMEONE should take the City Council on a tour of our unique environment and that person should be conversant in our history. PPS The matters addressed are my recollections and much more of our history is before my time, I usually remember more when I’m in conversation, much of it from war time and my paper delivery days. Respectfully A L WESTON Best of the day to ya CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 100 of 990 Page 101 of 990 Page 102 of 990 1 Julie Hannah From:Anne Yagi Sent:Tuesday, September 13, 2022 12:04 PM To:Julie Hannah Subject:RE: Sept 13 Open House at 5 pm Attachments:Citizen Science and Chippawa Development final Sep 2022.pdf Hello Julie The Citizen group asked me to present. I realize you are tight on time. Most of the slides are pictures that I will speak to briefly. The group has made quite a bit of progress organizing and documenting their wildlife observations since I last presented concerns in Jan 2022 about the quality of the EIS. We are vetting the Citizen science June turtle road mortality data for accuracy now and have received observational data through a local project we added to our “My Field App” freeware called “Lyon's Creek Wildlife Monitoring Project”. The information is very relevant to the issues regarding the Oakland zoning changes. Will you open the file and I speak? Regards, Anne Yagi, M.Sc., EP, CERP President We are here to help! All Citizen Scientists, try our newest mobile app “My field App” OR Scan the QR Code This email is intended only for the person to whom it was originally addressed and contains the intellectual property of 8Trees Inc. Distribution of this information without the expressed written consent from 8Trees Inc. is forbidden From: Julie Hannah Sent: September 12, 2022 10:19 AM To: 'sarah ward' Anne Yagi Subject: Sept 13 Open House at 5 pm Good morning Sarah and Anne, Thank you for letting me know you wish to participate at the Open House on Sept. 13th at 5 pm. The zoom link and phone number is provided below—please let me know if you have questions. Julie Page 103 of 990 2 Planning Department is inviting you to a scheduled Zoom meeting. Join Zoom Meeting https://niagarafalls.zoom.us/j/88557034618?pwd=cjVmaVhrTEVtY1lqc2FabEpuNFAzZz09 Meeting ID: 885 5703 4618 Passcode: 747230 One tap mobile 16473744685,,88557034618#,,,,*747230# Canada 16475580588,,88557034618#,,,,*747230# Canada Dial by your location 1 647 374 4685 Canada 1 647 558 0588 Canada 855 703 8985 Canada Toll-free 877 853 5247 US Toll-free 888 788 0099 US Toll-free Meeting ID: 885 5703 4618 Passcode: 747230 Find your local number: https://niagarafalls.zoom.us/u/kuRNelvv Julie Hannah, MES, MA, MCIP, RPP | Planner 2 | Planning, Building, and Development | City of Niagara Falls 4310 Queen Street | Niagara Falls, ON L2E 6X5 | (905) 356-7521 ext 4107 | Fax 905-356-2354 | jhannah@niagarafalls.ca To help protect your privacy, Microsoft Office prevented automatic download ofthispicture from the Internet. City ofNiagaraFallsLogo niagarafalls.ca The City of Niagara Falls Confidentiality Notice The information contained in this communication including any attachments may be confidential, is intended only for the use of the recipient(s) named above, and may be legally privileged. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, disclosure or copying of this communication, or any of its contents is strictly prohibited. If you have received this communication in error, please re-send this communication to the sender and permanently delete the original and any copy from your computer system. Thank you Page 104 of 990 1 Julie Hannah From:Annie Wang Sent:Monday, September 12, 2022 11:19 AM To:Julie Hannah Subject:[EXTERNAL]-Zoning change Hi, We are family and living in resident, I would like to share our opinions regarding the Zoning change current Zoning conservation open space, the land is Not zoned for residential- Why is the city considering rezoning conservation and open space to high density development? We have to respects the environment and protects, vegetation, bird, wild and aquatic life, (like deer, egret, turtle, groundhog, turtle, rabbit, snake.......) where is wildlife home, please don't let them homeless DO NOT CHANGE THE ZONING PLEASE! P.S. Please send me the zoom link or code for the online meeting. Regards, Lin Cao and LiHua Wang CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 105 of 990 1 Julie Hannah From:barbara belzil Sent:Thursday, September 8, 2022 10:47 PM To:Julie Hannah; Jim Diodati; Clerk; CouncilMembers Cc:barbara belzil Subject:[EXTERNAL]-PROPOSED REZONING OF LYONS CREEK, WELLAND RIVER, STANLEY AVE, AREA. Dear Planning, Building & Development, Mayor and Council Members This letter is in response to the upcoming Application & Remote Electronic Open House to be held Sept 13/22. We are one of the few on Lyons Pkwy to receive the information again regarding the proposed rezoning of the land on either side of Lyons Creek Rd. butting up against Lyons Creek the Welland River and Stanley Ave. We understand there will be an online townhall meeting on Sep.13/22, 5pm and plan to attend. Last winter my husband Richard and I sent E-mail to the mentioned above contacts with only a couple Council member responses. I will again send this E-mail to the entire group. First please understand we are not against development. We do understand, that council voted against infilling as opposed to new areas of development. As a city, we see in newspaper promo pics, EARTH DAY, CHANGE THE LIGHT ON THE FALLS GREEN, NEED FOR AFFORABLE HOUSING,PLANT A TREE and numerous do-good features. We are asking these same representatives and voting members to stand by your pictures and promote what you say. We know this area would certainly not promote affordable housing, near a water feature. The promotion of EARTH DAY, CLIMATE CHANGE ACTIVISIM, and all we need to protect the earth, is a total disregard with this proposal. The map provided, sent to a few homes, show a small amount of EPA and conservation open space. There are no measurements given. Abutments up to this EPA and conservation would destroy the roots of large trees ( increase flooding ), plants and the natural movement of mammals, amphibians (winter in the mud on the water's edge), turtles, the natural movement these creatures north to south to complete their life cycle. This is a biodiverse ecological area with a large number of endangered and at-risk species of both native plants and animals. Just to name a few, all turtles, The Water Willow found in only about 5 places in Ontario, the Bobolink song bird and the Brow Bat to name a few. Milkweed is the only food source for the life of the Endangered Monarch Butterfly. A large patch of this has already has been moved down at the previous Oaklands Golf Course (part 4 &6). Our largest patch now is now on part 6, south of Lyons Creek Rd, that has not been mowed. Please do not cut this now that it has been identified. (pictures taken) I have sent many pictures to 8Trees Inc. App this summer, while paddling in our canoe along Lyons Creek. Pictures of turtles, blue herons, white egrets, snakes, frogs, plants. Also included, pictures of the dead animal attempting to cross Lyons Creek Road now, not with 1,344 residential units added. A picture of a washed out Rd, at the end of Stanley Ave. at Lyons Creek Rd. is also included. 8Trees is helping the interested people of Chippawa to maintain this area environmentally healthy and sustainable. The area along Lyons Creek Road into Chippawa known to residents as the "Chippawa Canopy" would be destroyed by this plan. The Old Forest Oak/Maple trees converge above to make a cover over the road. Anyone who has driven this especially in the fall, would agree this natural beautiful site is hard to compare to another. Where the majority of housing is proposed is now zoned an industrial site (part 4). Also, a previous golf course where no land disruption for foundations was involved. We understand no 3 rd party or any company has done Page 106 of 990 2 core samples for industrial heavy metal, chemical waste dump from the numerous factories that were in the area. Lest we have a Love Canal situation. Having brought all these issues to the forefront, we have some ideas for a Pro ecological development. The areas zoned conservation open space should remain as previously passed by council. All water abutments to waters edge be EPA. Part 4 (Zoned Industrial) should have 3 rd party core samples done for contaminants of previous industry and dumps. A traffic study volume study for 1,344 added residential units. A huge increase to roads, sewers, water, hydro and cable. An available proposed plan for eco passages for wildlife cycle of life. We do not want open storm water ponds that collect toxic water for wildlife from runoff. Eco-sensitive systems are now an alternative. Why can't we put Niagara Falls on the maps as not only a tourist destination, but as an example site of eco- friendly development? This would benefit not only tourists but local voters as well. The current generation has seemed to have gotten this eco vibe, enjoying the outdoors and natural beauty. More biking lanes, hiking trails, canoes, kayaks, rock-climbing, cross-country skiing and even snow shoeing. Zoning of this area was not changed since the current owner purchased it. Their due diligence would have provided them with all the present information. We ask all City Representatives who have a say in this rezoning, give serious consideration to what this really means, not only to developers. Our future generations will thank us ! Sincerely, Richard & Barbara Belzil CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 107 of 990 1 Julie Hannah From:barbara belzil Sent:Thursday, September 8, 2022 11:05 PM To:Julie Hannah; Jim Diodati; Clerk; CouncilMembers Cc: Subject:Re: Lyons Creek at Present Time Re: Proposed Development From: Sent: September 8, 2022 5:44 PM To: Subject: Lyons Creek Page 108 of 990 2 Sent from my iPhone Page 109 of 990 1 Julie Hannah From:barbara belzil Sent:Sunday, September 18, 2022 6:10 PM To:Julie Hannah; Jim Diodati; Clerk; CouncilMembers Cc: Subject:[EXTERNAL]-Fw: Lyons Creek From: Sent: September 8, 2022 5:44 PM To: Subject: Lyons Creek Page 110 of 990 2 Sent from my iPhone CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 111 of 990 1 Julie Hannah From:Bill Webster Sent:Sunday, September 11, 2022 10:32 PM To:Julie Hannah Subject:[EXTERNAL]-Chippawa area development I feel it is necessary to voice my opinion about the proposed zoning by law amendment that would affect the area around Lyons creek road and the Welland river. Any development in this area that does not maintain the present ecology along the river front and roadway would be a travisty and anyone responsible for ignoring the need to maintain this small piece of conservation during these times should be ashamed and never trusted to make any intelligent decisions that require foresight of any kind. I believe the residents and community around this area have proposed a very reasonable alternative for the city and developers to work with. Appreciatively Bill Webster CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 112 of 990 1 Julie Hannah From:Carrie Yelle Sent:Friday, September 9, 2022 7:34 AM To:Julie Hannah Subject:[EXTERNAL]-Rezoning Please stop the rezoning of the conservation lands. CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 113 of 990 1 Julie Hannah From:Christine Sent:Sunday, September 11, 2022 11:35 PM To:Julie Hannah Subject:[EXTERNAL]-Oakland/Waldorf AM-2022-015 Hi Julie, I am resident of Chippawa residing at I strongly oppose the by law zone amendment to open this conservation space-Oakland/Waldorf AM-2022-015 This is an eco sensitive area. This should be restored and preserved in its natural state. This current plan to develop is not acceptable. Here is my written submission to parcipatate in the remote electronic open house on Sept 13. Please send me the ink. Thank you. A concerned resident, Christine Santos CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 114 of 990 Page 115 of 990 Page 116 of 990 Page 117 of 990 Page 118 of 990 Page 119 of 990 Page 120 of 990 Page 121 of 990 Page 122 of 990 Page 123 of 990 Page 124 of 990 Page 125 of 990 Page 126 of 990 Page 127 of 990 Page 128 of 990 Page 129 of 990 Page 130 of 990 Page 131 of 990 Page 132 of 990 Page 133 of 990 Page 134 of 990 Page 135 of 990 Page 136 of 990 Page 137 of 990 Page 138 of 990 1 Julie Hannah From:Dawn Nieuwesteeg Sent:Monday, September 12, 2022 9:58 AM To:Julie Hannah Cc: Subject:[EXTERNAL]-Fw: Official Plan Amendment Application-City File: AM-2022-015 Oaklands King Waldorf To all those concerned; It has been brought to my attention, this morning, that there is yet another purposed site for development in Chippawa. I am writing to you with my opposition to this purposed site. My name is Dawn Nieuwesteeg and I live on and am opposed to rezoning this open space to build 1300 houses. In the last few years in Chippawa the green space has been dramatically reduced for the sake of development. This new purposed development is a huge concern on so many levels and perhaps I may not use the key words for which you are looking to bring to this opposition, however, I would like my voice heard. Reasons on why I am in opposition; I do not agree with the zoning by-law amendment application. The lands should be restored and preserved in a natural state for biodiversity and the residents in this ecological area. the land is not zoned for residentail - why is the city considering rezoning conservation and open space to high density development? I see so much wildlife in those areas and wildlife will be a thing of the past. IT is becoming more common to see wildlife trotting down our city streets, looking for food as their ‘open space’ has and is being converted to housing, wreaking havoc in neighbourhoods and it’s not their fault. Our roads cannot handle more people living here. It has and is getting ridiculous to get from point A to B in Niagara causing back logs on our streets With more housing, more people will come to our area which impacts the cost of living. It is becoming more unaffordable and living here will continue to be out of reach for local residents regarding not only the cost to buy a house, but groceries, utilities, taxes. ALL of this goes up. I understand the need for development and continuous growth, however, this is a development explosion and there are repercussions that are irrevocable. This also increases homelessness which it out of control in our area. I have never seen it this bad. Unfortunately, I was just informed of this situation today with the timeline to email and have not had a lot of time to prepare my rebuttal. Please do not change the zoning. I will vote for the people/parties who care about conserving conservation areas which were designated as that for a reason. Please also consider this as my registration to participate in the open house Dawn Nieuwesteeg Page 139 of 990 2 CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 140 of 990 1 Julie Hannah From:Deanna Sent:Monday, September 12, 2022 10:50 AM To:Julie Hannah Subject:[EXTERNAL]-No zoning change The proposed zoning change for development at the old Oaklands Golf course and Marineland camp ground is unacceptable to me for several reasons. 1. We should be adding to our tree canopy not cutting down mature oaks. Our goal is 30% canopy coverage and we sit at or below 17% so the removal of any trees is misguided. 2. The Niagara region hosts 25% of the species found in Canada due to its unique habitat. The proposed building site is a prime turtle nesting area. The runoff from human activities will possibly compromise many species. 3. There should be no building permits approved unless ALL comprehensive environmental, geological and other impact studies are completed. Niagara is a fly way for many migrating birds and the conservation land of the river and creek must be maintained. There are many ways the builder can configure their plan that would be suitable to the people buying homes that protect wildlife at the same time. I request that no zoning changes of any kind be made and the builder keep the development within the current zoning boundaries. There are 3,000 housing units already authorized for Niagara, I suggest those be developed first and see where the need is before we green light any more. We need the right housing in the right place. We also need to recognize the value in leaving natural spaces alone. Money does not make oxygen. Trees do. Money does not replace habitat. Nature knows how to keep balance and we should take a lesson. We should be focusing development in the city core where the services and transportation needs of people can be met. Urban sprawl is already an issue we do not need to add to it. Build smart not convenient. I would recommend the city require a tree inventory be done on any property, and each mature tree be assigned a value. If it is “accidentally” cut down that price be added to the tax bill and paid by the developer or passed on to the homeowner. Any trees left in place should entitle the homeowner to a carbon credit so the true value of the environment is monetized. Sad that just doing the right thing is not enough there needs to be money involved. Money is not real and our reliance on nature is, so whatever incentive that is required should be deployed. The beauty of Niagara is what attracts people here. Paving paradise is just not wise. Build up not out. Concentrate the dwellings and use the natural landscape be an enhancement to the city. The drive up Lions Creek Road is beautiful in every season. Do not let it be destroyed for mindlessness. Keep the conservation areas intact and build in the city first! Thank you for your thoughtful attention to this very important matter. Deanna CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 141 of 990 1 Julie Hannah From:Linda Sharma Sent:Friday, December 31, 2021 11:54 AM To:Julie Hannah Subject:[EXTERNAL]-More Development in Village of Chippawa, Niagara Falls My husband and I are concerned citizens of Chippawa, Niagara Falls. We already have coyotes and other wild animals coming dangerously close to our homes, our families, and our pets because there are few natural habitats for these animals to go now due to deforestation. The infrastructure in our village does not support multiple unit dwellings in a concentrated area. Even our small subdivision ended up causing flooding for our neighbours who existed here before us. It’s enough now. There has been rapid growth here, but we need to slow it down before the consequences are more that we can bear. Sincerely, Linda Sharma Kevin Mackey Sent from my iPhone CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 142 of 990 1 Julie Hannah From:Dot Miners Sent:Saturday, September 10, 2022 9:18 PM To:Julie Hannah Subject:[EXTERNAL]-Lyons Creek zoning amendment Hello I am a resident of Chippawa and I object to the conservation area between Lyons creek road and the river , Part 6 on the proposed zoning amendment map , being made residential . I drive this way often and appreciate the wild flowers and wetland plants that grow all along there between the river and the road. As humans we need to see the wild plants, hear the summer insects , and appreciate the changing of seasons. I am sure lots of wetland wildlife lives there too. Going through the tunnel of trees growing on both sides of the road is a special experience coming in to Chippawa. Yes houses need to be built, but not there on the land zoned as Conservation. Thank you Dot Miners CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 143 of 990 1 Julie Hannah From:Mike Cushman Sent:Tuesday, February 1, 2022 10:03 AM To:CouncilMembers; Julie Hannah Subject:[EXTERNAL]-Oaklands/King Woldorph campground I'm asking you all to vote against the OPA for the Oaklands golf course/ King Wol Dorph Campground proposal. This is not needed and as a whole should be protected lands for the animals that have no place left to go. The history on this property has not been researched to determine any other contaminated areas as you only did research back to 1987. The golf course was opened in 1974, before that it was used by the military, possibly Ohio brass. What other contaminants are on this property that are unknown? Should the OPA pass, the NPCA has contiguous regulated lands along both Chippawa Creek and Lyons Creek. Those should obviously be protected and not fragmented as the proposed plan has done. https://gis-npca- camaps.opendata.arcgis.com/datasets/elc-community-class-series-1/explore?location=43.040872%2C- 79.091433%2C15.00 is there anyway the NPCA can keep these all protected to not fragment the wetlands? ELC Community Class Series The NPCA Natural Areas Inventory (NAI) Ecological Land Classification (ELC) Community Series (CS) level DRAFT feature class is a polygon fabric serving as base inventory of natural area features (i.e. Mixed Meadow, Swamp Thicket). gis-npca-camaps.opendata.arcgis.com as well, the series of ponds identified on this map should be protected as should as should the semi-forested areas. As animals are coming here in the winter to hide. turtles lay their eggs in the ands and hide in the ponds and use this area during winter. Many species of frogs and endangered turtles here. Deer and other animals use this as protection in the winter and there is no place left for them to go. Has the NPCA done flood mapping of this area? Considering that global warming is happening, more rains, and flood plains will be re awakened, and housing here would not make sense for insurance purposes... The Region's Woodland bylaw is useless because it depends on the Province's definition of significant woodland and only applies to forested areas over 1 ha with a certain number and quality of trees. Considering Niagara Falls canopy is at 17 percent as is supposed to be 30 percent, can the NPCA request the trees be protected too? Thank you, Mike Cushman CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 144 of 990 Kraft Drain Watershed and Chippawa: Ecological Restoration Approach and Green Urban Planning Proposal This is an unsolicited proposal prepared by 8Trees Inc. For the Province of Ontario, Region of Niagara, Town of Fort Erie, City of Niagara Falls, and the Greater Niagara Community Page 145 of 990 DRAFT PROPOSAL Feb 7, 2022 P a g e | 1 About the Author I lived in the Niagara Region most of my life. During this time, I served 35 years for the province as a biologist. I am a retired public servant and opened an environmental consulting business to continue my research and to mentor new environmental professionals. Since 2018, I have been drawn into the development planning process by a concerned public because of my history as the Management Biologist for the Niagara-Hamilton and Haldimand areas. I evaluated most wetlands in this region and completed detailed fisheries studies for the Niagara River Remedial Action Planning Process (NRRAP). I have also co-authored two recovery strategies for species at risk and I am continuing my long-term population research on several local species at risk populations. Since I retired from MNRF, I graduated with a master’s degree in Ecology and Evolution from Brock University. My thesis investigated flood survival strategies in overwintering temperate snakes, which is applicable to wetlands and climate change. I have several published works on reptiles, and I am a sworn expert in provincial and federal court in a variety of areas (e.g., biology, wetlands, snakes, amphibians, freshwater turtles, fish, and fish habitat). I am also a nationally certified Environmental Professional (EP) and an internationally certified Ecological Restoration Practitioner (CERP). I prepared this report in response to a growing public concern about the proposed expansion of urban boundaries, development intensification within newly expanded areas and the sustainability of our natural heritage. I present an ecological analysis and restoration approach for consideration for finding a common ground for environmental protection and development planning. I hope the report will help the public, landowners, and authorities to find a common balance during this time of urbanization. I consider this document a work in progress. Anne Yagi M.Sc., EP, CERP President 8Trees Inc. Page 146 of 990 DRAFT PROPOSAL Feb 7, 2022 P a g e | 2 Introduction We acknowledge that Niagara has a rich cultural and indigenous heritage and is located within the traditional lands of the Six Nations people as affirmed by the 1701 Fort Albany Treaty and is recognized as traditional harvesting territory of the Haudenosaunee people. Niagara is home to a rich community of native flora and fauna and a variety of species at risk, the preservation and recovery of sensitive ecosystems is important to the First Nations community Letter from Six Nations to 8Trees, 2021). As the Niagara Region enters a 30-year development planning cycle, urban expansion is proposed around several urban areas and rural settlements to meet a projected demand for human population growth beyond nothing Niagara has seen before. The urban growth areas are proposed predominantly within the agricultural-rural landscape of south Niagara. The reason the expansion is proposed for south Niagara over any other part of the region is a direct result of the provincial Green Belt policy. The “Green Belt Policies” state that they were designed to protect “Ontario’s …. farmland, communities, forests, wetlands and watersheds” (Green Belt Plan, 2017). However, the Green Belt does little to protect Niagara’s Wetlands because only 4.6% of our remaining wetlands are located within the Green Belt boundaries, leaving 95.4% outside the planning protection area Fig. 1). This means in the case of Niagara the Green Belt is pushing urban development into direct conflict with our remaining wetlands and our highest biodiversity areas. Figure 1. The Green Belt Planning Policy protects lands within the Niagara Escarpment and Fonthill Moraine and northward to Lake Ontario from further urbanization. This amounts to protecting only 4.6% of Niagara’s remaining Wetlands Page 147 of 990 DRAFT PROPOSAL Feb 7, 2022 P a g e | 3 This also means the protection of 95.4% of the remaining wetlands in Niagara depends upon the provincial policy statement, Niagara Region environmental policies, municipal policies, Conservation Authority regulations and policies and the Environmental Impact Study (EIS) process. Environmental Impact Studies in Niagara An Environmental Impact study is a tool for objectively assessing the environmental impacts of a proposed development or site alteration. The EIS must be based on good scientific data and analysis that are technically defensible and that adequately address impacts on environmental features and functions.” – Niagara Region (2018). An EIS is intended to be scientific and therefore, the final land decisions depend upon maintaining the objectivity and scientific integrity of the EIS process. I have reviewed hundreds of consultant reports including EISs during my career at MNRF. However, in this region the EIS product is more of an art form contextualized and crafted within the scoped terms provided by the planning authorities. This first step loses objectivity and gains in bias, where an unbiased approach would not be limited to the scoped view. There are always opportunities to develop a balanced approach between restoration and development, however proper scientific methods must be applied to be defensible. Most EISs for the Niagara Region often contain little science beyond the minimum requirements. The scoped view of the EIS misses evaluating important ecological functions and restoration opportunities because the areas outside of the mapped features are not evaluated or included in the impact analysis. Therefore, we need observational data to establish proper reference sites. The scientific process also should not end with the date the policy was written or approved. Many approved sampling protocols are very outdated yet are the only methods accepted by the planning authorities. Science continues to improve overtime, with testing new methods, data collection and analysis. Newer sampling methods not included in provincial protocols should be acceptable with scientific peer review. This is why the Ontario Wetland Evaluation System (OWES) continues to evolve and maintain integrity after nearly 40 years of application in this province. The wetland evaluation record is open for critique and new information. Page 148 of 990 DRAFT PROPOSAL Feb 7, 2022 P a g e | 4 Biodiversity and Wetlands According to the Wetland Strategy of Ontario, “wetlands are the most productive and diverse habitats on earth, … and they play a vital role in supporting Ontario’s rich biodiversity and provide essential ecosystem services toward human health and wellbeing (MNRF, 2017). Biodiversity is a measure of the variety of native species in an ecosystem. Biodiversity and the presence of wetlands are highly correlated which means most of our biodiversity is not protected within the Green Belt. Our wetlands and therefore our biodiversity reside primarily within the agricultural and rural landscape of south Niagara and are in direct conflict with expanding urban boundaries. The urban areas are planned around the mapped features, and this is a concern because much of our most vulnerable biodiversity uses these same open spaces to move between habitat features. Therefore, most of our vulnerable wildlife is not protected within the confines of policy protected mapped features. Species with complex life cycles such as some insects and fish, and all reptiles and amphibians must move between habitat features to complete their annual life cycle events, such as hibernation, gestation, nesting, breeding, and development. Wetlands in this region remain under direct threat from drainage, filling, land conversion, fragmentation, past land use, ecological succession, presence of ecological traps and invasive species colonization. Therefore, our biodiversity remains under direct threat by their association within wetlands. All of Ontario freshwater turtles are listed as a species at risk under federal classifications (COSEWIC), many of our snakes and our only lizard species are also at risk. The Fowler’s toad which inhabits features along the Lake Erie Shoreline is endangered. The Western Chorus Frog, once thought to be secure, is showing signs of decline in the Niagara region. The Wood Frog has the broadest range in North America, and is also showing signs of decline locally, likely due to climate change effects. The entire Ontario range of the Northern Dusky and Allegheny Mountain Dusky salamander only exists in seepage areas along the Niagara River shoreline. The natural heritage system was not mapped with wildlife corridor movement in mind because the entire natural heritage system is fragmented by roads, housing, and other anthropogenic structures. Countless reptiles and amphibians are killed on the roads annually. The shorelines of Niagara are the oldest natural corridor features and therefore are very important areas for wildlife. However, this corridor is not mapped as part of our natural heritage system, and it is our shorelines that make this region a unique wildlife area. Therefore, the planning framework in Ontario will not be able to address declining biodiversity, without addressing the wildlife corridor function and the continual degradation of wetlands without actually adopting an ecological restoration strategy. Page 149 of 990 DRAFT PROPOSAL Feb 7, 2022 P a g e | 5 Ecological Restoration and Core Areas An ecological core area is a natural feature that has been retained on the landscape for at least 100 years. In the 1930s most of south Niagara was ploughed and the only areas left alone were too hazardous, rocky, or too wet. If a natural feature remains today, they represent our true ecological core areas (example; Fig.3). These ecological cores retain our natural history, our native seed bank, and true ecosystem functions. In some special places these core areas retain our natural history back to the last glaciation (Nagy, 1992). This history is retained within our peatlands. Niagara has some of the oldest and largest peatlands in southern Ontario that were formed from post glacial lake rises, such as Wainfleet Bog, Humberstone Bog, Willoughby Bog and Point Abino Bog (Nagy, 1992; Sarvis, 1990; Pengelley, 1990; Tinkler, 1994). These areas are our true ecological core natural heritage as they are thousands of years old and are irreplaceable. However, this does not mean they are pristine because they are continually being impacted by anthropogenic effects such as ongoing municipal drainage, filling, peat soil mining, eutrophication, contamination, habitat loss and degradation. Nothing in the planning process helps to address and reverse these ongoing damages as the main priority to protect and maintain our Natural Heritage and biodiversity. Ecological Traps Many ecological core areas have previously farmed lands surrounding them that have regenerated into forested areas since the 1930s. It is within these regenerating lands where we see negative ecological impacts and the source of further degradation to the core features. Areas that have regenerated since the 1930s have less ecological value due to their young age, past land use (e.g., farming reduces overall quality of the soil from the natural state), loss of natural seed bank, and harboring of invasive species. Regenerating lands in this region also tend to contain ecological traps that harm wildlife. An ecological trap is habitat that is attractive to wildlife because it is suitable during certain times of the year, but it does not support their long-term survival (Battin, 2004). These traps need to be properly evaluated and confirmed through study to understand how to manage the land for ecological restoration. These regenerating lands have the potential to have great ecological value through active restoration and management. The largest ecological trap and the most studied one in Niagara is contained within the former peat mined fields of the Wainfleet Bog ecosystem. This trap causes periodic population declines in endangered species, Massasaugas and three species at risk turtles (Yagi et al., 2020; Yagi and Litzgus, 2012). This is because the mined peatland is hydrologically connected to a municipal drain that is actively managed to clear out beaver dams. This causes unnatural Page 150 of 990 DRAFT PROPOSAL Feb 7, 2022 P a g e | 6 hydrologic cycles within the bog ecosystem. A natural bog hydrology is stable with shallow incremental seasonal changes due to localized precipitation variability. The Wainfleet Bog experiences rapid dry downs when beaver dams are removed from connected municipal drains. This action increases carbon emissions equivalent to 40,000 cars per year and contributes to global warming. The Provincial Policy and Restoration According to the Provincial Policy Statement, Natural Features and areas shall be protected for the long term. The diversity and connectivity of natural features in an area and the long-term ecological function and biodiversity of natural heritage systems, should be maintained, restored or, where possible, improved, recognizing linkages between and among natural heritage features and areas, surface water features and ground water features. The provincial policy statement (PPS) allows for restoration, but this is not happening as a priority in Niagara. I suspect the EIS process favours the removal of natural features deemed to be “degraded” over restoration of ecological function and the planning authority accepts this outcome without “peer review”. Peer review is an important part of the application of the scientific method. A current example of this kind of outcome within the planning process is the site for the new South Niagara Hospital, where a 2.64- ha ecological core natural area with regeneration up to 3 ha total was removed to make way for the new hospital (Fig. 2). Page 151 of 990 DRAFT PROPOSAL Feb 7, 2022 P a g e | 7 Figure 2. This is the new South Niagara Hospital Site- note the rural-agricultural setting. The top image is 1934 and the bottom image is 2018. The green outlined areas that overlap within the modern-day aerial image, are ecological core features because they were present on the landscape at least since 1934. Natural areas that extend beyond the green outline are younger regenerated lands. The ecological core and natural area in the SE corner were removed in 2021 to make way for the new hospital. Natural Heritage System During my career with MNRF, I witnessed how the Natural Heritage system was mapped. A botanist from Toronto did the mapping by applying rules used for the Oak Ridges Moraine. If a wildlife biologist did the mapping, the results would likely be quite different. Vegetation communities and plant dispersal limitations are important considerations for evaluating the Page 152 of 990 DRAFT PROPOSAL Feb 7, 2022 P a g e | 8 protection of land in between features. However, these should not be the only criteria because wildlife move through the landscape differently than plants. For example, if an aquatic biologist mapped the Natural Heritage system, every surface water channel, shorelines, and other water features would be mapped and protected with a vegetative buffer. The basis of this premise is scientifically sound because bare surface water open systems create conditions for erosion and transportation of soil particles, nutrients, and contaminants into sensitive ecological areas (i.e., fish habitat) resulting in poor water quality and habitat in the receiving water body (Castelle et al., 1994; Moglen, 2000; Sutton et al., 2010; Bachman et al., 2016). Therefore, the provincial Natural Heritage system was not mapped using an objective evaluation system that considered both terrestrial and aquatic linkages. There is no system when there are arbitrary disconnections. There was also no public consultation or scientific rigor used to map areas between ANSIs, wetlands or woodlands. The entire process was not ground-truthed. Therefore, the EIS process is the only scientific part remaining in gathering the ground- truthed data for the final land use decisions. Planning Buffers Wildlife land use is also not necessarily considered in various regional environmental protection policies, such as the vegetative protection zone (VPZ). Planning buffers are now automatic requirements around all mapped features because it is assumed by the planning authorities that buffers protect natural ecosystems, but is this true? It is common knowledge that disturbances are important to achieve vegetation community diversity within our landscape and that an absence of disturbance promotes ecological succession. Buffers around terrestrial features will not sustain an open meadow habitat. This is because when a buffer is not managed it quickly (in a few years) becomes infested with invasive species that creep into the natural feature causing biodiversity declines. In this region, areas left to naturalize tend to become infested with invasive Phragmites, Common and Glossy Buckthorn and Black Alder. These species are a serious direct threat to our terrestrial and aquatic ecosystems, and our biodiversity (Ontario Invasive Species web site). If the goal is to have an open meadow buffer around a terrestrial feature, then that buffer must be regularly maintained or else biodiversity declines. Within the agricultural-rural landscape the open space around features is maintained by regular disturbances (ploughing, mowing, digging, trimming, cutting etc..) which helps to lessen the expansion of invasive species and promotes areas for wildlife movement and dispersal. The consideration of low impact walking trails, overland grassed swales in this area may help maintain open space functions along terrestrial Page 153 of 990 DRAFT PROPOSAL Feb 7, 2022 P a g e | 9 systems, except when roads cross these features. The Wainfleet Bog is a good example of where a 300m buffer setback from a managed drainage system is a necessary action. This is achievable by returning the drain to its original pre-peat mining location which is 300m south of the bog feature (Fig. 4). Figure 3. South Niagara Falls to Fort Erie. The green outlined areas are ecological core features because they have been on the landscape the longest and therefore inherently have retained the greatest ecological function and importance. The two purple areas are Kraft Drain (Fort Erie) and Chippawa (Niagara Falls) currently located within urban boundaries. Page 154 of 990 DRAFT PROPOSAL Feb 7, 2022 P a g e | 10 Ecological restoration offers an opportunity to reverse the declining trends in our biodiversity and by restoring ecological functions and provides opportunities for reducing the effects of climate change on our society. By combining restorative actions to our ecological systems will be able to protect them for our future generations. South Niagara Falls to Fort Erie has seen the greatest amount of naturalization since the 1930s Fig. 3). However, abandoned land, is damaged land in an ecological context, from the past land use. For example, most of the naturalized areas retain features (ditches, plough furrows, shallow dips) that attract amphibians for breeding, but the hydroperiod (i.e., amount and length of time water is held in the feature) is shortened by ongoing drainage and the progeny have no chance to survive. These are ecological traps and their continual presence on the landscape causes wildlife population declines. Figure 4. Ecological restoration project recommended by 8Trees and our delegation of experts to mitigate the ecological trap effects caused by ongoing Municipal drainage of this Nationally Significant Wetland Ecosystem which is habitat to one of the two remaining Carolinian endangered populations of Massasauga rattlesnake, Eastern Ribbonsnake (special Concern), habitat for four species at risk turtles, Whippoorwill (threatened), Short Eared Owl (special concern) and many other rare species. The Municipal Drain (Biederman Drain) was moved northward into the bog edge to facilitate drainage for peat mining circa 1940s. Peat mining no longer occurs in this ecosystem and drainage of the bog ecosystem is not required. Moving the drain back to the 1930s alignment will allow the ecosystem to heal from the past, allow farmers to drain their lands for farming and allow the peatland to sequester carbon once again. Please see www.8Trees.ca for more information. Page 155 of 990 DRAFT PROPOSAL Feb 7, 2022 P a g e | 11 Planning examples It is common knowledge that the agricultural-rural landscape has the highest biodiversity and urban areas have the lowest. Therefore, the standard urbanization approach of the agricultural- rural landscape will lower our biodiversity. This is no longer an acceptable growth practice. The following are urbanizing restoration planning area examples that we identified using our core ecological evaluation approach. We recommend these areas for ecological restoration using innovation green urbanizing development planning. 1. Kraft Drain Watershed, Town of Fort Erie 2. South Welland River and Lyons Creek Chippawa Kraft Drain Watershed This watershed is located entirely within the urban boundary of Fort Erie (Fig. 5). Since it is within the urban boundary it is surrounded by infrastructure such as deep road ditches, sewer, Figure 5. Urban Boundary Town of Fort Erie is shaded yellow. The Kraft Drain wetland complex is located in the southeast portion of town Page 156 of 990 DRAFT PROPOSAL Feb 7, 2022 P a g e | 12 subterranean concrete pipes, and other infrastructure making for an ideal urban expansion area (Fig. 5). The area also contains remnants of a natural creek valley and a large, deep municipal drainage feature through the middle which extends east beyond the natural watershed boundary (Fig. 6 and 7). The reason the natural areas in this watershed still exist today is because there are evaluated wetlands. The wetland complex is considered provincially significant because the Fowler’s toad (endangered species; COSEWIC, 2010; COSSARO, 2010) breeds in the creek at the confluence with the Lake Erie Shoreline (MNRF, 2004). This function should not change provided the water quality and quantity associated with the creek mouth is protected in the long term. The creek mouth area is important for the toad to use as breeding sites especially during times of elevated lake levels. Otherwise, the Fowler’s toad does not use the forested upstream wetland areas. Other amphibians such as the Western Chorus frogs threatened Great Lakes/St Lawrence; COSEWIC, 2008), Wood Frogs and Spring peepers would use the upper wetland areas in a sustainable manner if the wetland hydroperiod was improved. The wetland areas above Dominion Rd are degraded with a shortened hydroperiod and are likely ecological traps due to ongoing drainage and unmanaged naturalization process. Retaining ecological traps in the watershed will lead to declines in theses species which may eventually place them on the Species at Risk List. The Western Chorus frog was once abundant in the agricultural -rural landscape of Quebec and along the north shore of Lake Ontario as well as the Carolinian areas along Lake Erie. This species is listed as threatened by COSEWIC and COSSARO and is under review for the Carolinian population once thought to be secure. Page 157 of 990 DRAFT PROPOSAL Feb 7, 2022 P a g e | 13 Figure 6. 1934 aerial imagery depicting the Ecological Core Areas within the Kraft Drain watershed they are outlined in Green. The original creek channel is also shown. The watershed is outlined in purple. Page 158 of 990 DRAFT PROPOSAL Feb 7, 2022 P a g e | 14 Given the proximity of this wetland complex to urban areas, the Kraft Drain watershed would be suitable for urban development provided the wetlands are restored and ecological functions are maintained. This is an excellent area to showcase wetland restoration to protect our biodiversity and mitigate the effect of climate change. Therefore, I recommend restoring the hydroperiod by restoring the creek and wetland core areas. This will allow for some development within the adjacent regenerated areas provided stormwater is conveyed above ground (no wet stormwater ponds- no stormwater pipes) within meadow-grass surface swales for biological treatment. Please see Humber Flats example from the Vaughn area in Appendix. This type of surface conveyance is ecologically superior to any engineered subterranean approach and allows for open space to be maintained and wildlife movement within and between features without the need for across road movement. Wetland mapping and the evaluation record should be updated following restoration. Figure 7. 2018 aerial imagery of ecological core area some of which have low density housing, however most of the watershed area is now regenerated lands. The original creek and the Municipal Drain area shown Page 159 of 990 DRAFT PROPOSAL Feb 7, 2022 P a g e | 15 A second planning example area south of the Welland river in Chippawa is within the newly expanded urban boundary and there is an active re-zoning application before the planning authorities to allow intensive urbanization in a known ecologically sensitive area where the Welland River and Lyons Creek converge (Fig. 8). Although within a new urban boundary the landscape remains rural-agricultural, and the proposed intensification will change how wildlife can safely move between Lyons Creek and the Welland River forever. The EIS did not acknowledge the significance of the merging of these ecosystems and how wildlife used the open space through the former Oaklands golf course or the trailer park in the east. There was also no impact analysis of these aspects and limited work evaluating the function of ecological core areas. The EIS did not assess the impacts of engineered stormwater sewers and wet stormwater ponds as ecological traps to wildlife or as impactful to the receiving water bodies or recommend alternative designs to mitigate the harmful effects of urbanization on sensitive wildlife. Figure 8. Proposed Development Plan for Chippawa at the confluence of Welland River and Lyons Creek two ecologically sensitive areas Page 160 of 990 DRAFT PROPOSAL Feb 7, 2022 P a g e | 16 A third example also in Chippawa “Chippawa East” proposes another classic urban sprawl design completely isolating a portion of the provincially significant wetland Ussher’s Creek from east to Ussher’s creek, west to Lyons Creek and east to the Niagara River (Fig. 9). And the woodland immediately south is not a mapped natural heritage feature despite being a core ecological area (Fig. 10). The need to retaining ecological functions is very important for lands south of the Welland River or our biodiversity will continue to decline. Figure 9. Chippawa East urban sprawl design increasing fragmentation and loss of ecological functions. Figure 10. 1934 aerial imagery show Ecological Core Areas exist within the proposed urban intensification areas. The proposed planning designs will not protect ecological functions to support our declining biodiversity. Ecological core areas are defined in the text as natural features present in the 1930s that still remain today. Page 161 of 990 DRAFT PROPOSAL Feb 7, 2022 P a g e | 17 How to Ensure Wildlife Corridor Function is maintained within an urbanizing landscape Wildlife populations that are most vulnerable to fragmentation and isolation are reptiles and amphibians. Most of our herpetofauna (reptiles and amphibians) are at risk in Ontario. Some of the reasons are habitat loss and fragmentation. They are often killed on roads or persecuted by people who fear them. For Example, Snapping turtles have a long life span (>100 yrs) but the loss of a few adults a year can cause local population declines as there is a high mortality in young turtles with most eggs not hatching due to predation. When many local populations are in decline they can be extirpated from the area. This is how species get listed as endangered. In Niagara the Timber Rattlesnake and Spring Salamander are extirpated. The Wood Frog and Western Chorus Frog are showing localized declines in Niagara. Overall, we have very few current observations for the majority of our native herpetofauna. Therefore, Niagara is data deficient. To help deal with data deficiencies, 8Trees has created a free citizen science smart phone app called “My Field App”. Data is first certified and then provided to the Global Biodiversity Information Facility (GBIF.org) and is available directly or through GBIF. Better data provides for better planning decisions. Ecopassages for Wildlife Eco passages, designed for reptiles are different for fish, amphibians, and mammals. There is a great deal on new information available in this mitigation method. A properly designed Eco passage can provide for some reduced mortality caused by road traffic. Figure 11 From Ontario Turtle workshop K. Gunson Page 162 of 990 DRAFT PROPOSAL Feb 7, 2022 P a g e | 18 References Bachman, M., Inamdar, S., Barton, S., Duke, J.M., Tallamy, D. and Bruck, J., 2016. A comparative assessment of runoff nitrogen from turf, forest, meadow, and mixed landuse watersheds. JAWRA Journal of the American Water Resources Association, 52(2), pp.397-408. Baldwin, R. F., A. J. K. Calhoun, and P. G. deMaynadier. 2006. The significance of hydroperiod and stand maturity for pool-breeding amphibians in forested landscapes. 84:1604–1615. Battin J. 2004. When good animals love bad habitats: ecological traps and the conservation of animal populations. Conservation Biology. 1482-1491.vol 18 (6) Browning, Mark. 2015. The dynamics and mechanisms of community assembly in a mined Carolinian peatland. Doctoral dissertation Trent University. Castelle, A.J., Johnson, A.W. and Conolly, C., 1994. Wetland and stream buffer size requirements—a review. Journal of environmental quality, 23(5), pp.878-882. COSEWIC. 2008. COSEWIC assessment and status report on the Snapping Turtle Chelydra serpentina in Canada. Committee on the Status of Endangered Wildlife in Canada. Ottawa. vii + 47 pp. COSEWIC. 2008. COSEWIC assessment and update status report on the Short-eared Owl Asio flammeus in Canada. Committee on the Status of Endangered Wildlife in Canada. Ottawa. vi + 24 pp. COSEWIC. 2009. COSEWIC assessment and status report on the Whip-poor-will Caprimulgus vociferus in Canada. Committee on the Status of Endangered Wildlife in Canada. Ottawa. vi + 28 pp. COSEWIC. 2010. COSEWIC assessment and status report on the Fowler’s Toad Anaxyrus fowleri in Canada. Committee on the Status of Endangered Wildlife in Canada. Ottawa. vii + 58 pp. COSEWIC. 2012. COSEWIC assessment and status report on the Massasauga Sistrurus catenatus in Canada. Committee on the Status of Endangered Wildlife in Canada. Ottawa. xiii + 84 pp. www.registrelep-sararegistry.gc.ca/default_e.cfm). COSEWIC. 2012. COSEWIC assessment and status report on the Northern Map Turtle Graptemys geographica in Canada. Committee on the Status of Endangered Wildlife in Canada. Ottawa. xi + 63 pp. COSEWIC. 2014. COSEWIC assessment and status report on the Spotted Turtle Clemmys guttata in Canada. Committee on the Status of Endangered Wildlife in Canada. Ottawa. xiv + 74 pp. www.registrelep-sararegistry.gc.ca/default_e.cfm). COSEWIC. 2014. COSEWIC assessment and status report on the Milksnake Lampropeltis triangulum in Canada. Committee on the Status of Endangered Wildlife in Canada. Ottawa. x +61 pp. (Species at Risk Public Registry website). COSEWIC. 2016. COSEWIC assessment and status report on the Blanding’s Turtle Emydoidea blandingii, Nova Scotia population and Great Lakes/St. Lawrence population, in Canada. Committee on the Status of Endangered Wildlife in Canada. Ottawa. xix + 110 pp. (Species at Risk Public Registry website). COSEWIC. 2018. COSEWIC assessment and status report on the Midland Painted Turtle Chrysemys picta marginata and the Eastern Painted Turtle Chrysemys picta picta in Canada. Committee on the Status of Endangered Wildlife in Canada. Ottawa. xvi + 107 pp. (Species at Risk Public Registry). COSSARO. 2010. COSSARO Candidate species at risk evaluation for Fowler’s toad (Anaxyrus fowleri) Committee on the Status of Species at Risk in Ontario. June 2010. xxpp. COSSARO. 2013. COSSARO Candidate species at risk evaluation for Eastern Ribbonsnake (Thamnophis sauritus). Committee on the Status of Species at Risk in Ontario. Jan 2013. 12pp. COSSARO. 2013. COSSARO Candidate species at risk evaluation for Massasauga (Sistrurus catenatus) Carolinian Population. Committee on the Status of Species at Risk in Ontario. Jan 2013. 15pp. COSSARO. 2013. COSSARO Candidate species at risk evaluation for Northern Map Turtle (Graptemys geographica). Committee on the Status of Species at Risk in Ontario. Jan 2013. COSSARO. 2017. COSSARO Candidate species at risk evaluation for Blanding’s Turtle (Emydoidea blandingii). Committee on the Status of Species at Risk in Ontario May 2017.16pp. Page 163 of 990 DRAFT PROPOSAL Feb 7, 2022 P a g e | 19 COSSARO. 2015. COSSARO Candidate species at risk evaluation for Eastern Milksnake (Lampropeltis triangulum). Committee on the Status of Species at Risk in Ontario May 2015.16pp. COSSARO. 2015. COSSARO Candidate species at risk evaluation for Spotted Turtle (Clemmys guttata) Committee on the Status of Species at Risk in Ontario May 2015.13pp. COSSARO. 2020. COSSARO Candidate species at risk evaluation for Midland Painted Turtle Chrysemys picta marginata) Committee on the Status of Species at Risk in Ontario Sep 2020.18pp. COSSARO. 2013. COSSARO Candidate species at risk evaluation for Eastern Musk Turtle (Sternotherus odoratus) Committee on the Status of Species at Risk in Ontario Jan 2013.12pp. Donaldson.C.1987. A Paleohistory of The Wainfleet Bog, Special Topic. Department Of Geography, Brock University, St Catharines On.14pp. Environment Canada. 2019. Beavers: 5 ways beaver keep our ecosystem healthy. https://www.pc.gc.ca/en/pn-np/mb/riding/nature/animals/mammals/castors-beavers IPCC. Climate Change, 2013. The physical science basis. Contribution of Working Group I to the Fifth Assessment Report of the Intergovernmental Panel of Climate Change. Cambridge University Press, Cambridge, United Kingdom and New York, NY, USA. IUCN. 2017. Issues Brief. Peatlands and Climate Change. November 2017. https://www.iucn.org/sites/dev/files/peatlands_and_climate_change_issues_brief_final.pdf Moglen, G.E., 2000. Urbanization, stream buffers, and stewardship in Maryland. Watershed Protection Techniques, 3(2), p.10. Nagy, B.R. 1992. Post Glacial Paleoecology And Historical Disturbance Of Wainfleet Bog, Niagara Peninsula, Ontario, Ma Thesis, University Of Waterloo. Nugent, K.A., Strachan, I.B., Roulet, N.T., Strack, M., Frolking, S. and Helbig, M., 2019. Prompt active restoration of peatlands substantially reduces climate impact. Environmental Research Letters, 14(12), p.124030. O'Brolchain. N., J. Peters, and F. Tanneberger. 2020. Peatlands in the EU common agriculture policy CAP) after 2020. Position Paper - (Version 4.8) Pengelley. J.W. 1990. Lake Erie Levels in The Northeastern Erie Basin And The Formation Of Ephemeral Lake Wainfleet In The Southern Niagara Peninsula During The Holocene Period, Brock University, Department Of Geography, St Catharines On. Sutton, A.J., Fisher, T.R. and Gustafson, A.B., 2010. Effects of restored stream buffers on water quality in non-tidal streams in the Choptank River basin. Water, air, and soil pollution, 208(1), pp.101-118. Tinkler. K.J. 1994 Entre Lacs; A Postglacial Peninsula Physiography, In: Niagara Changing Landscapes, Ottawa On, Carleton Press Yagi A.R., K.T. Yagi, C. Abney, C. Blott and T. Bukovics.2018 to 2020. Managing an ecological trap in a partially mined peatland on the resident reptile community which includes five species at risk; Massasauga; Eastern Ribbon; Spotted turtle; Snapping turtle and Blanding’s turtle final report FY 2017-18 to the Ontario Species at Risk stewardship fund Yagi, A.R., Planck, R.J., K.T. Yagi, and G.J. Tattersall. 2020. A long-term study on Massasaugas Sistrurus catenatus) inhabiting a partially mined peatland: A standardized method to characterize snake overwintering habitat. Journal of Herpetology, 54(2), pp.235-244. Yagi K.T. and J. Litzgus. 2012. The effects of flooding on the spatial ecology of spotted turtle (Clemmys guttata) in a partially mined peatland. Copeia (2) 179-190 Page 164 of 990 DRAFT PROPOSAL Feb 7, 2022 P a g e | 20 Appendix Example Humber Flats Oak Ridges Moraine Feature: Richmond Hill rooftop and road stormwater treatment through overland linear swale/trail system Figure 12 Humber Flats, Richmond Hill, Dec 2004 Figure 13 Humber Flats, Richmond Hill, Sept 2009 Page 165 of 990 DRAFT PROPOSAL Feb 7, 2022 P a g e | 21 EXAMPLE HUMBER FLATS, Richmond Hill – Design Elements & Publicity Page 166 of 990 DRAFT PROPOSAL Feb 7, 2022 P a g e | 22 Page 167 of 990 Website: www.8trees.ca 8Trees Inc. February 7, 2022 Niagara Region 1815 Sir Isaac Brockway St. Catharines, Ontario, L2V 4T7 Attn: Dave Heyworth, Bob Gale, Barbara Greenwood, Peter Nicholson and Jim Bradley RE: Niagara Official Plan: Settlement Area Boundary Expansions I attended the public meeting on January 26th, 2022, as well as several public organized meetings and have received several calls from landowners within proposed urban expansion areas that simply do not want their lands included within an urban area. Their lifestyle is rural-agricultural, and the future of this lifestyle is in jeopardy (e.g., Last Chance Horse and Pony Rescue, Town of Fort Erie). The public is questioning the justification for urban expansions over urban intensification, and the selection of certain areas over others. Urban spawl is simply not good environmental planning and should not be Niagara’s future. I call this the “Field of Dreams Approach”, that “if you build it, they will come” verses planning for a true growth need. One that allows our children to afford and to buy houses here. I was disheartened to find that “smart growth” planning has relapsed in this region, and that staff recommendations were overthrown by a pro-development council (Fig. 1). The public expects Figure 1. City of Niagara Falls Staff recommendations for Urban Intensification verses urban sprawl Page 168 of 990 better planning decisions because of climate change and biodiversity declines. Where there is an agricultural-rural landscape we have the highest biodiversity, and within urban areas we have the lowest. Therefore, by simple projection, urban sprawl equals biodiversity decline. Now that the public has seen what is planned by their elected councils, let them speak up at the upcoming election. I recommend that any decisions on urban expansion wait until after the upcoming election. Based upon my 40 years of experience in this region, from an environmental perspective the most egregious areas planned for urban expansion are. 1. Fonthill Kame Moraine East: Merritt Rd Pelham-Thorold Expansion and including a new road construction through a provincially significant wetland complex. New Roads are not permitted through provincially significant wetlands- they are development. A “right of way” is not an existing road. There is an unusual gap in the Green Belt mapping in this area (Fig. 2). This area should have been mapped within the Green Belt protection area due to ecologically sensitive groundwater discharge areas, ecological core areas and surface water wetland-terrestrial ecosystems. 2. South of the Welland River- City of Niagara Falls- this is where many ecologically sensitive ecosystems (Welland River, Grassy Brook, Ussher’s Creek, Lyons Creek and the Upper Niagara River) converge. This is an exceptional biodiverse area that will decline with the current highly engineered urban designs. There are no good environmental planning design examples in this region to draw from to provide for wildlife linkages (See Humber Flats design in Appendix). Figure 2. A questionable gap in the Green Belt Plan (black hashed area) exists in Pelham-Thorold. Within true Ecological Crore areas with sensitive groundwater, surface water and biodiverse wetland- forest ecosystems. Page 169 of 990 Website: www.8trees.ca 8Trees Inc. 3. Town of Fort Erie – This area usually has a low population growth. There are many undeveloped lands within the current urban boundaries (e.g., Netherby X QEW; Kraft Drain). Urban expansion and sprawl should be accompanied with good environmental designs in areas that make ecological sense and limited to willing landowners. Limiting sprawl by providing alternative lands within existing urban centres should provide a realistic growth need for the Town of Fort Erie (See attached Environmental Development planning Approach). The attached report contains ecological rationale, concepts, methods, and examples that are applicable to lands being altered from agricultural-rural landscape into urban. Environmentally friendly designs will help mitigate the harmful effects of fragmentation, isolation, and new roads. To maintain ecological functions, we need to first restore our impacted core wetlands to meet global concerns over Carbon emissions, help manage climate change effects and to improve habitat functions within our Natural Heritage system for sensitive wildlife species. I am available to meet and discuss the contents of my proposal, at your convenience Anne Yagi M.Sc., EP, CERP President 8Trees Inc. Attch. cc. Ministry of Municipal Affairs and Housing, Northern Development Mines Natural Resources and Forestry, Ministry of Environment Conservation and Parks, Niagara Peninsula Conservation Authority, Town of Pelham, City of Thorold, City of Niagara Falls, Town of Fort Erie, Town of Wainfleet, City of Port Colborne, Town of West Lincoln Page 170 of 990 1 Julie Hannah From:Anne Yagi Sent:Tuesday, February 8, 2022 8:43 AM To:Julie Hannah Subject:[EXTERNAL]-Niagara Region Urban Expansion and Chippawa Zoning changes Attachments:8Trees Planning and Ecological restoration Feb 2022 draft report.pdf; 8Trees_Letter_to_NiagaraRegion_Urban Expansions Feb 7 2022 signed.pdf Hello Julie Please find attached a letter with a report. I will be speaking about these aspects on Thursday. Thank you Regards, Anne Yagi, M.Sc., EP, CERP President We are here to help! All Citizen Scientists, try our newest mobile app “My field App” From your mobile phone go to https://qrco.de/bbRJJ5 OR Scan the QR Code This email is intended only for the person to whom it was originally addressed and contains the intellectual property of 8Trees Inc. Distribution of this information without the expressed written consent from 8Trees Inc. is forbidden CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 171 of 990 1 Julie Hannah From:judydoerr505 Sent:February 9, 2022 10:20 PM To:Julie Hannah Cc:Jim Diodati; CouncilMembers; Clerk Subject:[EXTERNAL]-OPPOSITION TO OFFICIAL PLAN AMENDMENT APPLICATION AM-2021-16 To Planning, Building &Development Dept., Mayor, and Council Members I am writing to voice my opposition to above application/Oakland Golf Course/King Waldorf Campgrounds and the adjacent lands (8970&9015 Stanley Ave) My name is Judy Doerr very concerned longtime resident of Chippawa and very familiar with the properties mentioned. I consider myself an environmental activist and a member of two very active environmental groups that are experts in Environmental Science. After reviewing the submitted application for these properties I am both saddened and angry at the absolute disregard & disrespect for our Natural Environment that this proposal has the audacity to submit given the vast knowledge available to EVERYBODY today on socially conscientious environmental planning for the 21st century. Our city has not been good stewarts of our natural environmental assets to date resulting in minimal wetlands, green spaces, wooded areas left.....A GOOD EXAMPLE OF THIS IS OUR CITY only has less than 14% tree canopy when minimum 30 % is recommended by Environment Canada to sustain Healthy and Safe Communities. You are not respecting Mother Nature and her many warnings by continuing to be on the side of developer's. I make this plea to you and all of us to become better stewarts of our environment. IT IS A MORAL RESPONSIBILITY OF ALL OF US TO THINK OF THE NEXT GENERATIONS RIGHT TO SAFE AND HEALTHY COMMUNITIES. We should all be, by now, totally aware of the critical importance our ecosystems and biodiversity are to mitigating climate change....anyone not aware should not be making decisions for the community at large because as elected officials we the citizens expect your full committment to the sustainability of OUR COMMUNITIES AND OUR RIGHT TO LIVE IN ENVIRONMENTALLY HEALTHY AND SAFE COMMUNITIES. We need to take a break from the single-minded, shorterm sprawl agenda that is destroying our valued assets and putting our future at risk. There are alternative smarter development options that does not destroy our ecosystems.... afterall this is 21st century. LETS GET ON BOARD. The City's own land use policy in part 2 section 12 of our OP do not support the conversion of this "open space" land to "residential". THE OP AMENDMENT WOULD REDEFINE the location and extent of the Environmental Protection Area and the Environmental Conservation Area which would significantly REDUCE" existing environmental protection. The land encompasses two ecological sensitive areas Lyon Creek and the Welland River which will be definitely seriously harmed by this amendment. THESE ARE UNIQUE LANDMARKS TO OUR CITY AT LARGE AND THE LOCAL RESIDENTS OF CHIPPAWA. EIS for this application was found to be incomplete by an independent peer review of experts in their field. RESIDENTS do not have confidence in the Submitted EIS and deem it invalid and in conflict with lived experiences and first hand observation. EIS should only be completed by independent third party experts to be fair and eqitable. These lands hold such an abundance of biodiversity and Healthy ecosystems critical to wildlife and plant life. MANY species at risk, species of concern, threatened and endangered species utilize this wonderful and unique land. This land should be considered one of our cities most precious bountiful oasis and a true treasured ASSET. This OP AMENDMENT threatens biodiversity by disrupting migration patterns and destroying habitat, ANOTHER HUGH HIT FOR OUR WILDLIFE such a heartbreak. Page 172 of 990 2 NPCA considers these lands as a control measure in their flood plan AND considering lands in the close proximity already have reported flooding...WHY would you add to this problem. STAFF, MAYOR,COUNCIL MEMBERS, PLANNING DEPT, must refer to the Environmental Policies outlined in Section 2 part 11 of the OFFICIAL PLAN for OUR CITY and implement sustainable planning solutions described therein, for privately owned lands such as these, land purchases, transfer of development rights, and conservation agreements must be considered. This is climate change and business is NOT AS USUAL we all have a MORAL OBLIGATION AND RESPONSIBILITY TO PROTECT OUR COMMUNITIES FOR FUTURE GENERATIONS. OPA AM 2021 016 should not be approved, the current land designation of open space, environmental protection and environmental conservation must not be changed and only developed that "truly prioritizes environmental sustainability must be the ONLY consideration for these precious lands. Please let's not make further errors in judgement that results in the loss of such unique ecologically assets...we cannot afford to lose anymore with so little left and so much already gone FOREVER. THANK YOU FOR YOUR TIME AND CONSIDERATION JUDY DOERR CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 173 of 990 1 Julie Hannah From:barbara belzil Sent:February 14, 2022 12:06 AM To:Julie Hannah Cc:Jim Diodati; Clerk; CouncilMembers; Subject:[EXTERNAL]-Opposition of Official Plan Amendment Application AM 2021-016 February 13, 2022 Dear Planning, Building &Development Department, Mayor, and Council members, We are writing today to voice our opposition to the Official Plan Amendment (OPA) for AM-2021-016 the former Oaklands Old Golf Course and King Waldorf Campground and adjacent lands (8970 and 9015 Stanley Avenue). We are Richard and Barbara Belzil and live on backing on to Lyons Creek, for 20 years. Over the past 20 years we have observed an abundance of plant and wildlife along the creek, rocks, trees, and creek edges. Many turtles(all endangered) have climbed from the creek up our back yard heading to the area south, that was there home. This was previously forest and wetland, but is now filled with huge homes on small lots. Residents complain about the wildlife coming in their new subdivision located there. It is forgotten, this was their home first and have been displaced. Where would these fragile species go? This is their north/south route to continue their cycle of life. Wildlife continue to use the same routes for many years, and development of this and the above noted area contributes to their endangerment. The land along the creek is also a resting spot for the endangered monarch butterflies. The butterflies fill trees along this route. Our family along with our granddaughters have scattered milkweed seeds along the north side of the creek. There is now a mature patch present, that is essential for these butterflies to survive. Many native plant species grow along Lyons Creek and the Welland River. Some of these plants are only found in a couple small areas of Ontario, one being Lyons Creek. Over the years we have seen White Egret, Blue Heron, and many varieties of duck and geese nesting along these 2 waterways. Driving down Lyons Creek Road into Chippawa there often are deer, coyotes, possum (feed on a diet of ticks) turtles, snakes and raccoons. We have stopped our car to help some of these smaller creatures cross the road from north to south and back so they can complete their breeding cycle. Often too late they lie dead on the road from traffic. What would 1,344 more residences do to the traffic increase in this area. The EIS submitted by the developer was found to be incomplete by an independent peer review. We would suggest that council require an unbiased independent Scoped Environmental Impact Statement be completed before this application is even considered. We ask that the Mayor, Council and city planners for the city of Niagara Falls to review the Environmental Policies. outlined in Section 2 Part 11. The Official Plan for Niagara Falls. Privately owned land such as these must be considered for the environmental impact before any amendments are even considered. Anything less would be irresponsible. We reiterate our opposition to plan amendment ( AM-2021-16) In these days of environmental uncertainty people are finally concerned with the fragility of our world. Here in Chippawa we have a biodiverse self- sustaining area that only needs to be kept safe from development. What a wonderful way to show other cities how proactive Niagara Falls is towards keeping our ecological features safe. Page 174 of 990 2 Sincerely, Richard and Barbara Belzil CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 175 of 990 February 10th, 2022 TO WHOM IT MAY CONCERN, I am writing this letter to express my concerns with the Official Plan Amendment (OPA) for AM-2021- 016 the former Oaklands Old Golf course and King Waldorf Campground and adjacent lands (8970 and 9015 Stanley Avenue). My name is Kevin Girolametto and I have been living in Chippawa for over 20 years. I spent many years volunteering at the local firehall. I am the president of the Canadian Union of Postal Workers Local 628. I am also an ambassador for the Canadian Carp Society, a group who advocates, educates and promotes catch and release” carp fishing. My family lives on which is slightly northeast and only a few minutes by car with respect to the land in question. For over 20 years I have travelled the same route to work. Chippawa Parkway, Stanley Avenue and Lyons Creek are roads that I travel daily and also roads surrounding the lands I am concerned about. With confidence I can attest that this area is thriving with wildlife. I regularly witness deer, fox and coyote crossing the roads. There have been many occurrences where I have stopped my vehicle to pick up and assist large snapping turtles in an attempt to avoid them being struck by another vehicle. Sadly I can also say that I have also seen large snapping turtles that didn’t survive crossing the road. I am an avid catch and release fisherman who spends countless hours on both Lyons Creek and the Welland River. The biodiversity is this area is second to none. Both bodies of water contain a wide variety of fish species including grass pickerel which is a species of concern. I have witnessed and photographed a number of “Herp” species from this area including the mudpuppy, bullfrog, leopard frog, gray treefrog, American toad, eastern gartersnake, milksnake, northern watersnake, snapping turtle and the midland painted turtle. These provincially significant wetlands are critical habitat for all reptiles and amphibians, some species of which are endangered or at risk. The Welland River, Lyons Creek and its surrounding area provide a habitat in which wildlife thrive. There are many points to consider with respect to new development and protecting these ecologically sensitive areas. After an independent peer review of the (EIS) Environmental Impact Statement submitted by the developer for this application, it was found to be incomplete. Many residents find this EIS invalid as it conflicts with first hand observations over many years of living here The City’s Official Plan speaks to preserving woodlands, wetlands and natural heritage features yet this project clearly threatens biodiversity by disrupting migration patterns and destroying habitat. Top priorities for this area should include restoring all natural vegetation and adding turtle corridors Page 176 of 990 Part 2 Section 12 of the Official Plan for the City of Niagara Falls does not support the conversion of this open space land to residential. I feel strongly that the Official Plan Amendment (OPA) for AM-2021-016 the former Oaklands Old Golf course and King Waldorf Campground and adjacent lands (8970 and 9015 Stanley Avenue) should not be approved. Any redevelopment considered should prioritize environmental sustainability. Sincerely, Kevin Girolametto Page 177 of 990 1 Julie Hannah From:sarah ward Sent:February 19, 2022 10:42 AM To:Julie Hannah Subject:Re: [EXTERNAL]-AM-2021-016 Oaklands Waldorf Open House - Request for current map and zoning Attachments:FB_IMG_1616710014174.jpg; FB_IMG_1616710002220.jpg; 20200621_201203.jpg; image005.jpg; 20190911_191644.jpg; FB_IMG_1616274945401.jpg; 20200620_ 083820.jpg; 20210530_204338.jpg Hi Julie, Could you send me the current map with the land designations showing the existing ECA and EPA for Oaklands for AM-2021-016? Does the city have the orginal documentation justifying why the decision was made to zone the area ECA and why the area was zoned open space. The city decision makers at one point spent quite a bit if time ensuring this area was protected due to the biodiverse sensitivity - to the point Lyons creek and Welland River Open space are specifically addressed in our Official Policy. The information provided in planning justification regarding this designation is vague. Building in the conservation and open space will exterminate species that use this area. The justified plan utilizes selected wording in their favour of development and leaves people that know the truth struggling with what to do. I attached some photos from neighbours and myself directly beside property so you can see the biodiversity that others do not understand. Chippawa residents help snapping turtles and other freshwater turtles on a regular basis. They cross Lyons creek to lay eggs, utilize ponds and surrounding area at Oaklands. The EIS provided by developers is ridiculous as it concludes they do not use habitat at Oaklands (I'm pretty sure they have not been walking over for a round of golf for the past 43 years that I have lived here). That is why so many people are upset - many people see them, that is why city approved putting up turtle crossing sign. They are habitual and go back to same place to lay eggs. They do not start laying until they are 20 years old and a turtle of the size (who was south on Stanley Avenue about 200m away from Oaklands property) can be 100 years old. Approving this development in this highly biodiverse ECA/Open space area will devastate them. They will walk up to 5km to find a place to lay eggs and it is important we protect the closest areas to waterways so they travel less. We already have taken away their habitat on Sodom road, Weaver road and Ushers creek and destroyed natural corridors. The increased traffic is killing more on Stanley Avenue, Lyons Creek, Rexinger, Ort, Sodom and Weaver Road. We sadly find them and other species at risk on our roadways or I have people show up at my house asking to release turtles at my dock that they remove from roadways. Do you have any recommendations as to what we should do, who to reach out to? I really appreciate any guidance and advice. Please forward to whom you see fit that can reach out to me. I want to help provide any data or information to provide to city so they fully understand biodiversity needs here and provide valid information they can react to and justify the importance between these two significant waterways. Regards, Sarah Ward Page 178 of 990 2 Get Outlook for Android From: Julie Hannah <jhannah@niagarafalls.ca> Sent: Friday, February 18, 2022, 9:18 a.m. To: sarah ward Subject: RE: [EXTERNAL]-AM-2021-016 Oaklands Waldorf Open House Hi Sarah, Attached is the presentation from the Open House. Have a nice weekend, Julie Julie Hannah, MES, MA, MCIP, RPP | Planner 2 | Planning, Building and Development | City of Niagara Falls 4310 Queen Street | Niagara Falls, ON L2E 6X5 | (905) 356-7521 ext 4107 | Fax 905-356-2354 | jhannah@niagarafalls.ca From: sarah ward Sent: February 17, 2022 12:22 AM To: Julie Hannah <jhannah@niagarafalls.ca> Subject: [EXTERNAL]-AM-2021-016 Oaklands Waldorf Open House Hi Julie, Could you share the presentation provided during the open house on Jan 10th for AM-2021-016 Oaklands Waldorf? Thank you. Best Regards, Sarah Ward Get Outlook for Android CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 179 of 990 Page 180 of 990 Page 181 of 990 Page 182 of 990 Page 183 of 990 Page 184 of 990 Page 185 of 990 Page 186 of 990 Page 187 of 990 1 Julie Hannah From:sarah ward Sent:February 23, 2022 4:47 PM To:Julie Hannah Subject:Re: [EXTERNAL]-AM-2021-016 Oaklands Waldorf Open House - Request for current map and zoning Thank you Julie, for raising these concerns. Is there any other information that I can provide to you, the Region or NPCA? I would like to help and will collect any information that is beneficial or find experts that can. I am at a disadvantage without the knowledge and expertise of how the process works and hope you can advise what information is useful. I hope others will recognize that we should do our best to incorporate solutions that support biodiversity in our most sensitive areas and we must step outside the existing policies when information is there to justify this. It is a sad situation if we do not make choices for biodiversity to thrive and future generations to have opportunity to experience. Thank you for taking the time to review and respond. Please forward to Kira or Andrew if you see fit. I recognize we are at a critical time where many changes are happening, especially in Chippawa. I want to help and will provide any useful information. I now see there are many gaps and biodiversity is a great loss without extra support from us all. Best Regards, Sarah Ward Get Outlook for Android From: Julie Hannah <jhannah@niagarafalls.ca> Sent: Wednesday, February 23, 2022 1:12:08 PM To: sarah ward Subject: RE: [EXTERNAL]-AM-2021-016 Oaklands Waldorf Open House - Request for current map and zoning Hi Sarah, Here’s the history as provided to me by a colleague: When we put together our mapping for the Environmental mapping we showed all our known features on Appendix IIIA (EPA) and IIIC (ECA), then consolidated them into the designation layer. Appendices IIIB and IIID included the adjacent lands to those features. On our website these appendices can be seen at: https://niagarafalls.ca/pdf/planning/official-plan/appendix-iii-to-iiie-natural-heritage.pdf . Within the EPA we included PSWs and NPCA regulated floodplains/hazards. Other natural heritage features are within ECA, based on Provincial and NPCA mapping. The Significant Woodland layer is based on Regional data. The Open Space was the existing designation reflecting the golf course use. For the current EPA and ECA mapping, I would utilize Fallsviewer. The pdf schedules are found on the web: https://niagarafalls.ca/pdf/planning/official-plan/ Page 188 of 990 2 The application was received with studies prepared by the owner’s consultants. The City, Region, and NPCA are reviewing the studies and will provide comments. I have informed my colleagues at the Region and the NPCA of the issues, particularly the environmental matters, you have raised. Julie Julie Hannah, MES, MA, MCIP, RPP | Planner 2 | Planning, Building, and Development | City of Niagara Falls 4310 Queen Street | Niagara Falls, ON L2E 6X5 | (905) 356-7521 ext 4107 | Fax 905-356-2354 | jhannah@niagarafalls.ca From: sarah ward Sent: Saturday, February 19, 2022 10:42 AM To: Julie Hannah <jhannah@niagarafalls.ca> Subject: Re: [EXTERNAL]-AM-2021-016 Oaklands Waldorf Open House - Request for current map and zoning Hi Julie, Could you send me the current map with the land designations showing the existing ECA and EPA for Oaklands for AM-2021-016? Does the city have the orginal documentation justifying why the decision was made to zone the area ECA and why the area was zoned open space. The city decision makers at one point spent quite a bit if time ensuring this area was protected due to the biodiverse sensitivity - to the point Lyons creek and Welland River Open space are specifically addressed in our Official Policy. The information provided in planning justification regarding this designation is vague. Building in the conservation and open space will exterminate species that use this area. The justified plan utilizes selected wording in their favour of development and leaves people that know the truth struggling with what to do. I attached some photos from neighbours and myself directly beside property so you can see the biodiversity that others do not understand. Chippawa residents help snapping turtles and other freshwater turtles on a regular basis. They cross Lyons creek to lay eggs, utilize ponds and surrounding area at Oaklands. The EIS provided by developers is ridiculous as it concludes they do not use habitat at Oaklands (I'm pretty sure they have not been walking over for a round of golf for the past 43 years that I have lived here). That is why so many people are upset - many people see them, that is why city approved putting up turtle crossing sign. They are habitual and go back to same place to lay eggs. They do not start laying until they are 20 years old and a turtle of the size (who was south on Stanley Avenue about 200m away from Oaklands property) can be 100 years old. Approving this development in this highly biodiverse ECA/Open space area will devastate them. They will walk up to 5km to find a place to lay eggs and it is important we protect the closest areas to waterways so they travel less. We already have taken away their habitat on Sodom road, Weaver road and Ushers creek and destroyed natural corridors. The increased traffic is killing more on Stanley Avenue, Lyons Creek, Rexinger, Ort, Sodom and Weaver Road. We sadly find them and other species at risk on our roadways or I have people show up at my house asking to release turtles at my dock that they remove from roadways. Do you have any recommendations as to what we should do, who to reach out to? I really appreciate any guidance and advice. Please forward to whom you see fit that can reach out to me. I want to help provide any data or information to provide to city so they fully understand biodiversity needs here and provide valid information they can react to and justify the importance between these two significant waterways. Regards, Page 189 of 990 3 Sarah Ward Get Outlook for Android From: Julie Hannah <jhannah@niagarafalls.ca> Sent: Friday, February 18, 2022, 9:18 a.m. To: sarah ward Subject: RE: [EXTERNAL]-AM-2021-016 Oaklands Waldorf Open House Hi Sarah, Attached is the presentation from the Open House. Have a nice weekend, Julie Julie Hannah, MES, MA, MCIP, RPP | Planner 2 | Planning, Building and Development | City of Niagara Falls 4310 Queen Street | Niagara Falls, ON L2E 6X5 | (905) 356-7521 ext 4107 | Fax 905-356-2354 | jhannah@niagarafalls.ca From: sarah ward Sent: February 17, 2022 12:22 AM To: Julie Hannah <jhannah@niagarafalls.ca> Subject: [EXTERNAL]-AM-2021-016 Oaklands Waldorf Open House Hi Julie, Could you share the presentation provided during the open house on Jan 10th for AM-2021-016 Oaklands Waldorf? Thank you. Best Regards, Sarah Ward Get Outlook for Android CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 190 of 990 1 Julie Hannah From:sarah ward Sent:February 24, 2022 12:04 PM To:Julie Hannah Subject:Re: [EXTERNAL]-AM-2021-016 Oaklands Waldorf Open House - Request for current map and zoning Follow Up Flag:Follow up Flag Status:Completed Julie, I cannot thank you enough for taking the time to explain so I can understand. I am so grateful your department has been so understanding and accommodating. Thank you to all of you. After consulting with others it is my understanding the process is as follows: Can you correct me where I am wrong? 1. City has preconsultation with developers. (which in Oaklands case, I believe this started 3 years ago). I assume this is where policies are reviewed and city list of required reports needed from developer are provided. 2. The developers complete required list and complete justification report and at this point the application is submitted? 3. The city holds an Open House meeting with members of the public for Zoning and OPA (Official Plan amendment) applications so residents can provide input, converse with developer/consultant and city planning staff. 4. The planning staff consider feedback from residents and has meeting again with consultants. I now see it is the city planning department that is key on understanding /incorporating /supporting ecological solutions or valid community perspectives into report however it is challenging as the developer is often focused on more development and the planners then need to justify any changes or recommendations to developers plan based on planning policies they have. What are all the planning policies you must consider? 4. The city planners have 180 days to create a recommendation report. A formal public meeting is then held where councillors vote on approving recommendation report or not. 5. If the city does not create a report within 180 days from time of developers application the developer can go right to OLT to decide. Perhaps you have document you can share on the process and details above? Can you correct me where I am incorrect above? In regards to Oaklands what is the exact document that officially starts the 180 day requirement for the report? What day is the deadline for your department? Page 191 of 990 2 Can you share the contacts for the environmental planners at the Region and NPCA as I would like converse with them to provide other data that can be beneficial for this development and future developments in highly biodiverse areas. Best Regards, Sarah Ward Get Outlook for Android From: Julie Hannah <jhannah@niagarafalls.ca> Sent: Thursday, February 24, 2022, 8:59 a.m. To: sarah ward Subject: RE: [EXTERNAL]-AM-2021-016 Oaklands Waldorf Open House - Request for current map and zoning Hi Sarah, The information you have provided is very useful. In speaking with the environmental planners at the Region and NPCA, I know they appreciate having the insight of residents on what species they have seen and their knowledge on the landscape. For this application, we are still at the information gathering, reviewing and analyzing stage. We will provide our analysis and recommendations to Council at the public meeting. The Secondary Plan process for the Grassy Brook area will soon commence which will also give area residents like yourself the opportunity to participate and provide comments on the land uses and policies that would result. I have been keeping Andrew and Kira informed of the comments we are receiving. All comments will be provided to Council in a package as well so they will have them available for review. Thanks, Julie Julie Hannah, MES, MA, MCIP, RPP | Planner 2 | Planning, Building and Development | City of Niagara Falls 4310 Queen Street | Niagara Falls, ON L2E 6X5 | (905) 356-7521 ext 4107 | Fax 905-356-2354 | jhannah@niagarafalls.ca From: sarah ward Sent: February 23, 2022 4:47 PM To: Julie Hannah <jhannah@niagarafalls.ca> Subject: Re: [EXTERNAL]-AM-2021-016 Oaklands Waldorf Open House - Request for current map and zoning Thank you Julie, for raising these concerns. Is there any other information that I can provide to you, the Region or NPCA? I would like to help and will collect any information that is beneficial or find experts that can. I am at a disadvantage without the knowledge and expertise of how the process works and hope you can advise what information is useful. I hope others will recognize that we should do our best to incorporate solutions that support biodiversity in our most sensitive areas and we must step outside the existing policies when information is there to justify this. It is a sad situation if we do not make choices for biodiversity to thrive and future generations to have opportunity to experience. Page 192 of 990 3 Thank you for taking the time to review and respond. Please forward to Kira or Andrew if you see fit. I recognize we are at a critical time where many changes are happening, especially in Chippawa. I want to help and will provide any useful information. I now see there are many gaps and biodiversity is a great loss without extra support from us all. Best Regards, Sarah Ward Get Outlook for Android From: Julie Hannah <jhannah@niagarafalls.ca> Sent: Wednesday, February 23, 2022 1:12:08 PM To: sarah ward Subject: RE: [EXTERNAL]-AM-2021-016 Oaklands Waldorf Open House - Request for current map and zoning Hi Sarah, Here’s the history as provided to me by a colleague: When we put together our mapping for the Environmental mapping we showed all our known features on Appendix IIIA (EPA) and IIIC (ECA), then consolidated them into the designation layer. Appendices IIIB and IIID included the adjacent lands to those features. On our website these appendices can be seen at: https://niagarafalls.ca/pdf/planning/official-plan/appendix-iii-to-iiie-natural-heritage.pdf . Within the EPA we included PSWs and NPCA regulated floodplains/hazards. Other natural heritage features are within ECA, based on Provincial and NPCA mapping. The Significant Woodland layer is based on Regional data. The Open Space was the existing designation reflecting the golf course use. For the current EPA and ECA mapping, I would utilize Fallsviewer. The pdf schedules are found on the web: https://niagarafalls.ca/pdf/planning/official-plan/ The application was received with studies prepared by the owner’s consultants. The City, Region, and NPCA are reviewing the studies and will provide comments. I have informed my colleagues at the Region and the NPCA of the issues, particularly the environmental matters, you have raised. Julie Julie Hannah, MES, MA, MCIP, RPP | Planner 2 | Planning, Building, and Development | City of Niagara Falls 4310 Queen Street | Niagara Falls, ON L2E 6X5 | (905) 356-7521 ext 4107 | Fax 905-356-2354 | jhannah@niagarafalls.ca From: sarah ward Sent: Saturday, February 19, 2022 10:42 AM To: Julie Hannah <jhannah@niagarafalls.ca> Subject: Re: [EXTERNAL]-AM-2021-016 Oaklands Waldorf Open House - Request for current map and zoning Hi Julie, Page 193 of 990 4 Could you send me the current map with the land designations showing the existing ECA and EPA for Oaklands for AM-2021-016? Does the city have the orginal documentation justifying why the decision was made to zone the area ECA and why the area was zoned open space. The city decision makers at one point spent quite a bit if time ensuring this area was protected due to the biodiverse sensitivity - to the point Lyons creek and Welland River Open space are specifically addressed in our Official Policy. The information provided in planning justification regarding this designation is vague. Building in the conservation and open space will exterminate species that use this area. The justified plan utilizes selected wording in their favour of development and leaves people that know the truth struggling with what to do. I attached some photos from neighbours and myself directly beside property so you can see the biodiversity that others do not understand. Chippawa residents help snapping turtles and other freshwater turtles on a regular basis. They cross Lyons creek to lay eggs, utilize ponds and surrounding area at Oaklands. The EIS provided by developers is ridiculous as it concludes they do not use habitat at Oaklands (I'm pretty sure they have not been walking over for a round of golf for the past 43 years that I have lived here). That is why so many people are upset - many people see them, that is why city approved putting up turtle crossing sign. They are habitual and go back to same place to lay eggs. They do not start laying until they are 20 years old and a turtle of the size (who was south on Stanley Avenue about 200m away from Oaklands property) can be 100 years old. Approving this development in this highly biodiverse ECA/Open space area will devastate them. They will walk up to 5km to find a place to lay eggs and it is important we protect the closest areas to waterways so they travel less. We already have taken away their habitat on Sodom road, Weaver road and Ushers creek and destroyed natural corridors. The increased traffic is killing more on Stanley Avenue, Lyons Creek, Rexinger, Ort, Sodom and Weaver Road. We sadly find them and other species at risk on our roadways or I have people show up at my house asking to release turtles at my dock that they remove from roadways. Do you have any recommendations as to what we should do, who to reach out to? I really appreciate any guidance and advice. Please forward to whom you see fit that can reach out to me. I want to help provide any data or information to provide to city so they fully understand biodiversity needs here and provide valid information they can react to and justify the importance between these two significant waterways. Regards, Sarah Ward Get Outlook for Android From: Julie Hannah <jhannah@niagarafalls.ca> Sent: Friday, February 18, 2022, 9:18 a.m. To: sarah ward Subject: RE: [EXTERNAL]-AM-2021-016 Oaklands Waldorf Open House Hi Sarah, Attached is the presentation from the Open House. Have a nice weekend, Page 194 of 990 5 Julie Julie Hannah, MES, MA, MCIP, RPP | Planner 2 | Planning, Building and Development | City of Niagara Falls 4310 Queen Street | Niagara Falls, ON L2E 6X5 | (905) 356-7521 ext 4107 | Fax 905-356-2354 | jhannah@niagarafalls.ca From: sarah ward Sent: February 17, 2022 12:22 AM To: Julie Hannah <jhannah@niagarafalls.ca> Subject: [EXTERNAL]-AM-2021-016 Oaklands Waldorf Open House Hi Julie, Could you share the presentation provided during the open house on Jan 10th for AM-2021-016 Oaklands Waldorf? Thank you. Best Regards, Sarah Ward Get Outlook for Android CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 195 of 990 1 Julie Hannah From:sarah ward Sent:February 25, 2022 12:42 PM To:Julie Hannah Subject:Re: [EXTERNAL]-AM-2021-016 Oaklands Waldorf Open House - Request for current map and zoning Follow Up Flag:Follow up Flag Status:Flagged Thank you for explaining. When did the government change the timeline? That must be very challenging for your department, that's very little time with so many developments to handle. If the recommended report is not ready and the applicant appeals to the Tribunal how do residents or the planning department participate at that point? Do you think you can complete recommendation report for the deadline? There was so much information provided for this application. I hope you can justify recommendation to at least save the area zoned open space/conservation on Lyons Creek to help biodiversity and allow all public to enjoy. I am looking at grants that would support proper guiderails to protect species or support species/turtles for Chippawa - especially between these two unique waterways. There are Grant's for restoration as well. Is the planning department interested in this in any way? Here are examples of what other cities are doing (Do you think Andrew or Kira may find this interesting? - please forward.): Long point good example: https://longpointcauseway.com/this-small-town-in-canada-spent-10-years-and-2-7-million-to-save-turtles/ Waterloo Region and Wellington County: https://raresites.org/conservation/flora_fauna/protect-the-turtles/ Quick summary of turtle concerns and how to protect nesting area Canadian Wildlife Federation working with partners, landowners, government and residents: https://cwf-fcf.org/en/explore/turtles/ Grants (some are for municipalities): https://www.ontario.ca/page/grants-protecting-species-risk https://niagaraknowledgeexchange.com/event/niagara-community-foundation-environmental-grants-program- deadline-january-17-2022/?instance_id=2991 https://www.ontario.ca/page/ontario-community-environment- fund#:~:text=In%202021%2C%20we%20are%20making,by%20the%20effects%20of%20pollution Page 196 of 990 2 https://www.td.com/ca/en/about-td/ready-commitment/funding/fef-grant/? https://aquatichabitat.ca/resources-funding-ontario/ https://www.instrumentl.com/grants/ontario-community-environment-fund-grant Regards, Sarah Get Outlook for Android From: Julie Hannah <jhannah@niagarafalls.ca> Sent: Thursday, February 24, 2022, 3:16 p.m. To: sarah ward Subject: RE: [EXTERNAL]-AM-2021-016 Oaklands Waldorf Open House - Request for current map and zoning Hi Sarah, Thanks for your comments—that is very nice to hear. In terms of the process, this website is probably the easiest to go through to understand the different applications and steps: https://www.ontario.ca/document/citizens-guide-land-use-planning At pre-consultation preliminary comments are provided based on the submitted plan & required studies/plans for a complete submission are identified. We receive the application, and after it is deemed complete, the open house meeting is scheduled with the purpose to give information and get feedback. We review policies (i.e. Provincial Policy Statement, Growth Plan, Official Plan, etc.), public and agency comments, and submission documents in preparation of the recommendation report. The recommendation report is on the same agenda as the Public Meeting. Typically this is also the night that Council will make a decision on the application. Council could chose to defer making a decision. The government changed the timeline—it is now 120 days from the application being deemed complete that Council must make a decision or the applicant may appeal to the Tribunal. The application was deemed complete December 13, 2021—120 days would be Tuesday April 12 2022. While we endeavor to meet the 120 day deadline, there are occasions when the City does not (this happens in other jurisdictions as well). The public meeting date has not yet been established. Regional Planner- who will forward to environmental planning staff: Amy Shanks Amy.Shanks@niagararegion.ca NPCA Planner- Jessica Abrahamse jabrahamse@npca.ca Page 197 of 990 3 As I indicated previously, both have received public comments. Julie Julie Hannah, MES, MA, MCIP, RPP | Planner 2 | Planning, Building and Development | City of Niagara Falls 4310 Queen Street | Niagara Falls, ON L2E 6X5 | (905) 356-7521 ext 4107 | Fax 905-356-2354 | jhannah@niagarafalls.ca From: sarah ward Sent: February 24, 2022 12:04 PM To: Julie Hannah <jhannah@niagarafalls.ca> Subject: Re: [EXTERNAL]-AM-2021-016 Oaklands Waldorf Open House - Request for current map and zoning Julie, I cannot thank you enough for taking the time to explain so I can understand. I am so grateful your department has been so understanding and accommodating. Thank you to all of you. After consulting with others it is my understanding the process is as follows: Can you correct me where I am wrong? 1. City has preconsultation with developers. (which in Oaklands case, I believe this started 3 years ago). I assume this is where policies are reviewed and city list of required reports needed from developer are provided. 2. The developers complete required list and complete justification report and at this point the application is submitted? 3. The city holds an Open House meeting with members of the public for Zoning and OPA (Official Plan amendment) applications so residents can provide input, converse with developer/consultant and city planning staff. 4. The planning staff consider feedback from residents and has meeting again with consultants. I now see it is the city planning department that is key on understanding /incorporating /supporting ecological solutions or valid community perspectives into report however it is challenging as the developer is often focused on more development and the planners then need to justify any changes or recommendations to developers plan based on planning policies they have. What are all the planning policies you must consider? 4. The city planners have 180 days to create a recommendation report. A formal public meeting is then held where councillors vote on approving recommendation report or not. 5. If the city does not create a report within 180 days from time of developers application the developer can go right to OLT to decide. Perhaps you have document you can share on the process and details above? Can you correct me where I am incorrect above? In regards to Oaklands what is the exact document that officially starts the 180 day requirement for the report? What day is the deadline for your department? Page 198 of 990 4 Can you share the contacts for the environmental planners at the Region and NPCA as I would like converse with them to provide other data that can be beneficial for this development and future developments in highly biodiverse areas. Best Regards, Sarah Ward Get Outlook for Android From: Julie Hannah <jhannah@niagarafalls.ca> Sent: Thursday, February 24, 2022, 8:59 a.m. To: sarah ward Subject: RE: [EXTERNAL]-AM-2021-016 Oaklands Waldorf Open House - Request for current map and zoning Hi Sarah, The information you have provided is very useful. In speaking with the environmental planners at the Region and NPCA, I know they appreciate having the insight of residents on what species they have seen and their knowledge on the landscape. For this application, we are still at the information gathering, reviewing and analyzing stage. We will provide our analysis and recommendations to Council at the public meeting. The Secondary Plan process for the Grassy Brook area will soon commence which will also give area residents like yourself the opportunity to participate and provide comments on the land uses and policies that would result. I have been keeping Andrew and Kira informed of the comments we are receiving. All comments will be provided to Council in a package as well so they will have them available for review. Thanks, Julie Julie Hannah, MES, MA, MCIP, RPP | Planner 2 | Planning, Building and Development | City of Niagara Falls 4310 Queen Street | Niagara Falls, ON L2E 6X5 | (905) 356-7521 ext 4107 | Fax 905-356-2354 | jhannah@niagarafalls.ca From: sarah ward Sent: February 23, 2022 4:47 PM To: Julie Hannah <jhannah@niagarafalls.ca> Subject: Re: [EXTERNAL]-AM-2021-016 Oaklands Waldorf Open House - Request for current map and zoning Thank you Julie, for raising these concerns. Is there any other information that I can provide to you, the Region or NPCA? I would like to help and will collect any information that is beneficial or find experts that can. I am at a disadvantage without the knowledge and expertise of how the process works and hope you can advise what information is useful. I hope others will recognize that we should do our best to incorporate solutions that support biodiversity in our most sensitive areas and we must step outside the existing policies when information is there to justify this. It Page 199 of 990 5 is a sad situation if we do not make choices for biodiversity to thrive and future generations to have opportunity to experience. Thank you for taking the time to review and respond. Please forward to Kira or Andrew if you see fit. I recognize we are at a critical time where many changes are happening, especially in Chippawa. I want to help and will provide any useful information. I now see there are many gaps and biodiversity is a great loss without extra support from us all. Best Regards, Sarah Ward Get Outlook for Android From: Julie Hannah <jhannah@niagarafalls.ca> Sent: Wednesday, February 23, 2022 1:12:08 PM To: sarah ward Subject: RE: [EXTERNAL]-AM-2021-016 Oaklands Waldorf Open House - Request for current map and zoning Hi Sarah, Here’s the history as provided to me by a colleague: When we put together our mapping for the Environmental mapping we showed all our known features on Appendix IIIA (EPA) and IIIC (ECA), then consolidated them into the designation layer. Appendices IIIB and IIID included the adjacent lands to those features. On our website these appendices can be seen at: https://niagarafalls.ca/pdf/planning/official-plan/appendix-iii-to-iiie-natural-heritage.pdf . Within the EPA we included PSWs and NPCA regulated floodplains/hazards. Other natural heritage features are within ECA, based on Provincial and NPCA mapping. The Significant Woodland layer is based on Regional data. The Open Space was the existing designation reflecting the golf course use. For the current EPA and ECA mapping, I would utilize Fallsviewer. The pdf schedules are found on the web: https://niagarafalls.ca/pdf/planning/official-plan/ The application was received with studies prepared by the owner’s consultants. The City, Region, and NPCA are reviewing the studies and will provide comments. I have informed my colleagues at the Region and the NPCA of the issues, particularly the environmental matters, you have raised. Julie Julie Hannah, MES, MA, MCIP, RPP | Planner 2 | Planning, Building, and Development | City of Niagara Falls 4310 Queen Street | Niagara Falls, ON L2E 6X5 | (905) 356-7521 ext 4107 | Fax 905-356-2354 | jhannah@niagarafalls.ca From: sarah ward Sent: Saturday, February 19, 2022 10:42 AM To: Julie Hannah <jhannah@niagarafalls.ca> Subject: Re: [EXTERNAL]-AM-2021-016 Oaklands Waldorf Open House - Request for current map and zoning Page 200 of 990 6 Hi Julie, Could you send me the current map with the land designations showing the existing ECA and EPA for Oaklands for AM-2021-016? Does the city have the orginal documentation justifying why the decision was made to zone the area ECA and why the area was zoned open space. The city decision makers at one point spent quite a bit if time ensuring this area was protected due to the biodiverse sensitivity - to the point Lyons creek and Welland River Open space are specifically addressed in our Official Policy. The information provided in planning justification regarding this designation is vague. Building in the conservation and open space will exterminate species that use this area. The justified plan utilizes selected wording in their favour of development and leaves people that know the truth struggling with what to do. I attached some photos from neighbours and myself directly beside property so you can see the biodiversity that others do not understand. Chippawa residents help snapping turtles and other freshwater turtles on a regular basis. They cross Lyons creek to lay eggs, utilize ponds and surrounding area at Oaklands. The EIS provided by developers is ridiculous as it concludes they do not use habitat at Oaklands (I'm pretty sure they have not been walking over for a round of golf for the past 43 years that I have lived here). That is why so many people are upset - many people see them, that is why city approved putting up turtle crossing sign. They are habitual and go back to same place to lay eggs. They do not start laying until they are 20 years old and a turtle of the size (who was south on Stanley Avenue about 200m away from Oaklands property) can be 100 years old. Approving this development in this highly biodiverse ECA/Open space area will devastate them. They will walk up to 5km to find a place to lay eggs and it is important we protect the closest areas to waterways so they travel less. We already have taken away their habitat on Sodom road, Weaver road and Ushers creek and destroyed natural corridors. The increased traffic is killing more on Stanley Avenue, Lyons Creek, Rexinger, Ort, Sodom and Weaver Road. We sadly find them and other species at risk on our roadways or I have people show up at my house asking to release turtles at my dock that they remove from roadways. Do you have any recommendations as to what we should do, who to reach out to? I really appreciate any guidance and advice. Please forward to whom you see fit that can reach out to me. I want to help provide any data or information to provide to city so they fully understand biodiversity needs here and provide valid information they can react to and justify the importance between these two significant waterways. Regards, Sarah Ward Get Outlook for Android From: Julie Hannah <jhannah@niagarafalls.ca> Sent: Friday, February 18, 2022, 9:18 a.m. To: sarah ward Subject: RE: [EXTERNAL]-AM-2021-016 Oaklands Waldorf Open House Hi Sarah, Attached is the presentation from the Open House. Page 201 of 990 7 Have a nice weekend, Julie Julie Hannah, MES, MA, MCIP, RPP | Planner 2 | Planning, Building and Development | City of Niagara Falls 4310 Queen Street | Niagara Falls, ON L2E 6X5 | (905) 356-7521 ext 4107 | Fax 905-356-2354 | jhannah@niagarafalls.ca From: sarah ward Sent: February 17, 2022 12:22 AM To: Julie Hannah <jhannah@niagarafalls.ca> Subject: [EXTERNAL]-AM-2021-016 Oaklands Waldorf Open House Hi Julie, Could you share the presentation provided during the open house on Jan 10th for AM-2021-016 Oaklands Waldorf? Thank you. Best Regards, Sarah Ward Get Outlook for Android CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 202 of 990 1 Julie Hannah From: Sent:February 28, 2022 2:43 AM To:Julie Hannah Cc:Jim Diodati; Clerk; CouncilMembers; Subject:[EXTERNAL]-Opposition to Official Plan Amendment Application AM-2021-016 Dear Planning, Building & Development Department, May and Cuncil members, I write today to voice my opposition to the Official Plan Amendment (OPA) for AM-2021- 016 the former Oaklands Old Golf course and the King Waldorf Campground and adjacent lands (8970 and 9015 Stanley Avenue). My name is Jean Cunnane and I am a Chippawa resident living close to the Welland river. A number of planning issues are the basis of my opposition. 1-The city has its own Land Use Policies in Part 2 Section 12 of the Official Plan for the City of Niagara Falls which do not support the conversion of this land which is "Open Space" to "Residential". 2-Two ecologically sennsitive areas: Lyons Creek and the Welland River will be harmed by a yes to the OPA because a yes redefines the location and extent of the Environmental Protection Area (EPA) and Environmental Conservative Areas (ECA) which will reduce existing environmental protections. These land designations shoud not be amended to ensure policies for EPA and ECA are iplemented. 3-These lands under discussion are used by plant and anilam species at risk, species of concern, threatened and endangered species. Biodiversity is threated by this OPA because it disrupts migration patterns and destroys habitat. As I understand the City's Official Plan, wetlands, woodlands and other natural heritage featurs and systems must be preserved. And the Niagara Official Plan currently moving toward completion priorizes wetlands and invasive species as top issues requiring attention. 4-An independent peer review of the Environmental Impact Statement (EIS) for this application submitted for this application is found to be incomplete. 5-The Niagara Pennisula Conservation Authority (NPCA) considers the current state of these lands a control measure in their flooding plans. Adjacent homeowners to these lands are already experiencing flooding. What are the safeguards for protecting the area from flooding becasue of climate change? And who is liable for flooding risk for homes built on this land between the Welland River and Lyons Creek? Page 203 of 990 2 The Official Plan Amendment (AM-2021-016) should not be approved. The current land use designation for these lands of open space, environmental protection and environmentaal conservation area should not be changed. Yours sincerely Jean Cunnane CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 204 of 990 Director of Planning, Building & Development, City Hall, 4310 Queen Street, Niagara Falls, Ontario, L2E 6X5 Attn: Julie Hannah Cc’d to Mayor and Councilors Re. Official Plan Amendment Application- City File: AM-2021-016 Redevelopment of Oaklands Golf Course and adjacent lands Dear Cara Lampman, Alex Herlovitch & the Planning, Building and Development Department, I have reviewed residents' concerns and consulted with experts to identify the shortcomings of this application and offer developmental solutions in the best interest of residents today and future generations. I encourage developers and the City to support achievable targets and recognize this is not anti-development but rather pro-sustainable development. We are here to share knowledge and help provide solutions. The following is an extensive -though not exhaustive- list of concerns voiced by residents and local experts. This application does not adhere to the Open Space Land use policies outlined in the Official Plan for the City of Niagara Falls. The Official plan is clear that open spaces should be preserved. Even in cases of private ownership Council should not allow amendments to this plan for applications like this that do not provide clear justification and evidence that a change is absolutely necessary and will benefit the community The proposal chops up the conservation green space along the river and creek into separate smaller parcels that are much smaller/narrower than they appear on the zoning map. This lack of contiguous greenspace means wildlife movement will be impeded, and the area will no longer form a functioning ecosystem that can support biodiversity. The open space conservation area in the eastern corner will be paved over The identified wetlands in the area zoned industrial near Lyons Creek will be destroyed. There are no plans for a north-south wildlife corridor so that species are able to move freely between the river and the creek making the development a killing ground for wildlife. There appears to be completely inadequate buffering of the built-up area of the development from the conserved green space in the plan, with backyards butting up against what is left of the conservation areas especially on the north and west. There is no indication about whether the proposal recognizes floodplains. The development, especially on the Welland River side, seems very close to the river. The plan mentions trails, but where will they go? If they are to be put through the already diminished natural areas they will simply further degrade them and destroy their remaining ecological function. The Environmental Impact Statement (EIS) for this application submitted by the developer was found to be incomplete according to an independent peer review. NPCA considers the current state of the land as a control measure in their flooding plans. What are the safeguards for protecting this development with the intensive flooding in the area from climate change? Has there been any soil testing for radiation, radon, metals, ammonium nitrate and other minerals? Page 205 of 990 This area is home to many species that have been designated threatened or endangered. This plan not only fails to protect them, it puts them at increased risk. (Below is a small sample. This list is not comprehensive) Threatened Species Endangered Species American water-willow Eastern Flowering Dogwood Woodthrush Eastern Pondmussel Eastern Meadowlark Lake Chubsucker Bobolink Northern Bobwhite Blanding’s Turtle Fowler’s Toad Pink Milkwort Round Hickorynut Black Ash Zoning Concerns The land is currently not zoned for residential. The development proposes to destroy the land zoned Conservation Open Space at right. The plan will destroy the Environmental Conservation Area where the large blue area is. The plan does not protect a contiguous greenspace. It cuts it into pieces. The plan does not provide a wildlife corridor between the Welland Canal and Lyons Creek This land is largely zoned industrial, tourist commercial and Environmental Conservation. Why would the City consider giving up potential employment lands for residential use? How do we know that this former industrial land is safe for residents? What kind of industry was previously on this site? Has there been a study of this land to identify potential contaminants? Does this area need remediation to make it safe for residential development? Infrastructure and Servicing Concerns The proposal represents intensive land use. Does the city have the adequate services in place in terms of water/wastewater, schools, transportation etc? Has the proposed growth in this area been taken into consideration given the Municipal Comprehensive Review that is being undertaken as part of the Region’s Official Plan update? How is the city proposing to support the population growth in Chippawa with few local schools and their limited capacities? The two new intersections on Lyons Creek Road will add to the daily congestion. What are the plans to reduce the speed of traffic and increase the ability to make left hand turns? Are there plans to add a roundabout to the intersection at Stanley Ave and Lyons Creek Rd? Has limiting the access to development only from Stanley Ave been considered as a means to control traffic flow? Considering Lyons Creek is a single lane traffic, how is the Municipality going to avoid the congestion when vehicles are merging or turning into oncoming traffic? The proposed location for the commercial plot is in the middle of a busy intersection. Why not relocate it closer to the Welland River along Stanley Ave? Page 206 of 990 Are there any plans for returning the buses to the region, since their departure to service the Walmart? ALTERNATIVE PROPOSAL Council should consider an alternative sustainable redevelopment of this area including: Revegetate areas between Lyons Creek Rd and Lyons Creek Add at least three semi terrestrial turtle corridors from under Lyons Creek Rd connecting across to Welland River Increase buffer distance and restore natural vegetation along ecologically sensitive areas Welland River and Lyons Creek) Maintain Open Space zoning Use dry stormwater ponds and enhanced grass swales to mitigate storm water Thank you for your attention. We look forward to your support and embrace working together to leave a legacy of true wealth for many generations to come. Sincerely, Fiona Tunmer Page 207 of 990 1 Julie Hannah From:abycat Sent:Monday, September 12, 2022 8:19 AM To:Clerk; Julie Hannah Subject:[EXTERNAL]-Am-2022-015 zoning Id like to be able to join Zoom on this topic AM-2022-015 Zoning by-law amendment application for the conservation The land should be preserved and restored. Building should only occur in appropriate areas in order to achieve sustainable and responsible development. Gert Boulette CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 208 of 990 1 Julie Hannah From:abycat Sent:Monday, September 12, 2022 10:37 AM To:Clerk; Julie Hannah Subject:[EXTERNAL]-Zoning by-law f The area I’m concerned with is around Stanley Ave S n Lyons Creek Rd. Why is Niagara Falls is so bent on destroying our natural environment?. There are other areas around that could be developed without destroying our environment and our frogs, butterflies, deers etc. Please amend to protect our natural beauty n our other living species. AM-2022-015 Zoning by-law amendment application for the conservation/ open space should not be approved and the land should be preserved and restored. Building should only occur in appropriate areas in order to achieve sustainable and responsible development. Gertrude Boulette CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 209 of 990 Tunmer Family 12th September 2022 To whom it may concern, The planned development that will go in on the corner of Lyons creek and Stanley Ave (formerly Oaklands Golf Course) has raised many concerns for us. Our primary concern is the lack of adequate planning for the preservation of critical green spaces around both Lyons Creek and the Welland River. This is an area that currently is a crucial habitat for many local species. It is vital that there is proper consideration and protection for the local wildlife that we feel is not being done. The best example would be the location Part 6 in the proposed zoning. Half of Part 6 is currently a marsh land, which not only is a habitat for local wildlife, but would pose a serious flooding risk to any new houses built in that area. Wetlands not only provide flood protection and a habitat for protected species (eg. Egrets and Spotted Turtles), but they also help to clean the waterways on which they are located. Additionally, the proposed zoning allows for no crossing points between the two rivers. This area has been a green space/open space for decades allowing species unimpeded access to each river. When this area is developed, it will deprive access to the rivers for many species. Finally, we are concerned with the increase in traffic along Lyons Creek Rd. With the proposed addition of 1344 residential units, as well as the other developments currently underway in Chippawa, we are concerned that the road cannot accommodate this increase in traffic. Sincerely, Kathleen, Lesslie, Fiona and Graham Tunmer Page 210 of 990 1 Julie Hannah From:guang wang Sent:Saturday, September 10, 2022 5:40 PM To:Julie Hannah Subject:[EXTERNAL]-Regarding “Do not change zoning” Hello Officers, I, Guang Wang, lives Due to the building developer want to change zoning between 8970 and 9015 Stanley Avenue and Lands on the South side of Lyons Creek Road, East of Stanley Avenue. I object to change any zoning for this land. The reason why I object as below: 1. Three kind of turtles which they are state protection. 2. Many of different kind of birds live here, for example: Egrets 3. In this area, it has really good ecosystem. For example: Coyotes, deers That are all the reasons why we object this project to change the zoning because we don’t want all state protection animals to loss their home. Please carefully think about it our concern! Thanks, Best Regards, Page 211 of 990 2 Page 212 of 990 3 Wang, Guang & Li, Wei CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 213 of 990 1 Julie Hannah From:Blair C Sent:Sunday, January 2, 2022 8:54 AM To:Julie Hannah Subject:[EXTERNAL]-Lyons creek development Good morning I am writing this email in regards to the conservation area on either side of Lyons creek road . I fully object to there being no notification to the community about the attempt at rezoning the conservation area mentioned above. I would like all information of the open meetings regarding this . Thank you for your time . Blair C CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 214 of 990 1 Julie Hannah From:bob roseann judge Sent:Sunday, January 2, 2022 12:51 PM To:Julie Hannah Subject:[EXTERNAL]-Proposed development on "Oakland Golf Course" and property on the south side of Lyon Creek Could you please forward some information regarding the above proposal prior to Jan.10th. Thank you Robert Judge Sent from Mail for Windows CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 215 of 990 1 Julie Hannah From:Eileen Rossi Sent:Sunday, January 2, 2022 9:28 AM To:Julie Hannah Subject:[EXTERNAL]-NO to rezoning conservation land Please do not allow this! E. Rossi Sent from my iPad CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 216 of 990 1 Julie Hannah From:Terrie Hotmail Sent:Sunday, January 2, 2022 10:05 AM To:Julie Hannah Subject:[EXTERNAL]-Conservation land Enough is enough!! This greedy grab at our conservation lands (again) is NOT ok!!!! Sent from my iPhone CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 217 of 990 1 Julie Hannah From:Tricia Gmail Sent:Sunday, January 2, 2022 12:46 PM To:Julie Hannah Cc:Jim Diodati; Chris Dabrowski; Wayne Campbell; Carolynn Ioannoni; Mike Strange; Wayne Thomson Fallview Account; Lori Lococo; Victor Pietrangelo; Vince Kerrio Subject:[EXTERNAL]-Proposed zoning change Niagara south Development(Chippawa) To whom it may concern, We are writing to voice our objection to the proposed zoning change from conservation on the land pictured below. CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 218 of 990 2 Page 219 of 990 3 We have no objection to the development west of the conservation area ( circled in red) but we need to protect what’s left of our wildlife and green space areas. The habitats of all kinds of wildlife need to be protected. Please don’t agree to the zoning change of this piece of land. Protect our conservation land for us and future generations. Sincerely, Brian & Tricia Marchese Page 220 of 990 1 Julie Hannah From:bart beaucock Sent:Monday, January 3, 2022 12:11 PM To:Julie Hannah Subject:[EXTERNAL]-Chippawa development Follow Up Flag:Follow up Flag Status:Flagged I am against the proposed rezoning of conservation lands for housing development located along Lyons Creek road in Chippawa This is the former Oaklands golf course property. Bart and Millie Beaucock CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 221 of 990 1 Julie Hannah From:Justin Gauthier Sent:Tuesday, January 4, 2022 11:39 AM To:Julie Hannah Subject:Re: [EXTERNAL]-Remote Electric Open House - Request to participate Follow Up Flag:Follow up Flag Status:Completed Thanks Julie, I do have a few questions I would like to be submitted below. I will circle back with my board members to see if we have any others. 1) How will the shoreline and waterway be impacted during the construction phase of the development? 2) What measures are being taken to protect and preserve the waterfront area during construction and then after during occupancy? 3) How will the waterway and shoreline area be utilized by the residents of this new community? 4) Are closures to Stanley Ave and/or Lyon’s Creek Road expected during the development of this project? Kind Regards Justin Gauthier On Tue, Jan 4, 2022 at 10:51 AM Julie Hannah <jhannah@niagarafalls.ca> wrote: Hi Justin, Thanks for letting me know that you wish to attend the open house. The Zoom information is provided for you below. Please let me know if you have any additional questions. Page 222 of 990 2 Julie Planning Department is inviting you to a scheduled Zoom meeting. Join Zoom Meeting https://niagarafalls.zoom.us/j/87286171843?pwd=VW1ydDdEMmtjaHJGU0pJN1U4VGIwUT09 Meeting ID: 872 8617 1843 Passcode: 072222 One tap mobile 16475580588,,87286171843#,,,,*072222# Canada 16473744685,,87286171843#,,,,*072222# Canada Dial by your location 1 647 558 0588 Canada 1 647 374 4685 Canada 855 703 8985 Canada Toll-free 888 788 0099 US Toll-free 877 853 5247 US Toll-free Meeting ID: 872 8617 1843 Passcode: 072222 Find your local number: https://niagarafalls.zoom.us/u/kefsBM9Jhs Page 223 of 990 3 Julie Hannah, MES, MA, MCIP, RPP | Planner 2 | Planning, Building, and Development | City of Niagara Falls 4310 Queen Street | Niagara Falls, ON L2E 6X5 | (905) 356-7521 ext 4107 | Fax 905-356-2354 | jhannah@niagarafalls.ca From: Justin Gauthier Sent: Tuesday, January 4, 2022 12:16 AM To: Julie Hannah <jhannah@niagarafalls.ca> Subject: [EXTERNAL]-Remote Electric Open House - Request to participate Hello, I am requesting to be included in the Remote Electric Open House on Jan 10 for the Official Plan Amendment Application - City File: AM-2021-016. My name is Justin Gauthier and I will be representing the interests of the . Please provide the remote meeting information and include myself as a meeting participant. Much Appreciated, Justin Gauthier CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 224 of 990 1 Julie Hannah From:barbara belzil Sent:January 6, 2022 6:13 PM To:Julie Hannah; Jim Diodati; Chris Dabrowski; Wayne Campbell; Carolynn Ioannoni; Mike Strange; wthomson@fallsgroup.com; llococo@niagarafallls.ca; Victor Pietrangelo; Vince Kerrio; Subject:[EXTERNAL]-Development meeting Jan10/22 Proposed along part of Welland River and Lyons Creek I am submitting this letter to be read Jan 10/22 remote electronic open house to be held at 5 pm. The subject, a proposed amendment for mixed use development of 1,344 residential units. There is an area of conservation open space that now exists along Lyon's Creek. This is proposed to become multi-residential housing (town-house condos or high-rise condos) We all must understand how important all countries are putting on their agenda, Protect and Save the Planet. Including native plant species and native animals of all species. Here we have right in our city Village of Chippawa) an area that needs only to be left undisturbed; to promote so much that the rest of the world is striving to accomplish. I have watched this area for 20 years + It is a safe , peaceful home to so many creatures to rest, raise their families, a stopover for flights of northern birds flying south. The native plants feed so many of these beautiful animals. As a family we have scattered milkweed pods for the endangered monarchs that pass through. The patch of milkweed can now be seen expanding along Lyons Creek Rd. So many locals and tourists watch quietly in awe from their canoes or kayaks for families with a line of yellow ducklings, turtles sunning on a log, a blue heron flying majestically overhead, a great white egret poised on a fallen branch at water's edge. Across from Lyons Pkwy to the East, there is a subdivision of great size homes on tiny lots. This used to exist as an old growth forest. Not one tree was left. People complain of raccoons, rabbits in gardens, skunks, fox, coyotes and other non- domestic animal wandering their yards. What do you expect? We removed their home. They now look for another. I understand development is necessary and Chippawa is a beautiful area, but should it be at the expense of our beloved waterways, conservation and environmental protected areas. It is time for Niagara Falls to promote and join with the world to save our Planet. A few may become very rich in monetary gains, but at what cost? Let Niagara Falls become a leader of Environmental Protection and provide riches for all to enjoy. There are many beautiful non-protected lands still available to build homes on. We thank you and our local habitat thanks you. Barbara and Richard Belzil CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 225 of 990 1 Julie Hannah From:Trevor Hall Sent:January 6, 2022 2:26 PM To:Julie Hannah; Keith MacKinnon Subject:RE: Chippawa East- draft zoning by-law letter Attachments:22.01.06 - Draft By-law ltr to agent - SIGNED.pdf Follow Up Flag:Follow up Flag Status:Flagged Hi Julie, I hope all is well! Please find the attached form. Sorry for delay, I am off this week as our girls came home on the weekend! Regards, The health and safety of our staff, clients and colleagues is our top priority during this period of uncertainty surrounding the novel coronavirus (COVID-19). Our office is open and our client services are continuing as usual. We are closely monitoring the situation and are following best practices recommended by local and international authorities to minimize the risk of exposure, while ensuring that service to our clients remains uninterrupted. As a result, we ask that all non-essential meetings are scheduled via audio or video conferencing.” From: Julie Hannah <jhannah@niagarafalls.ca> Sent: January 4, 2022 11:55 AM To: Trevor Hall Subject: Chippawa East- draft zoning by-law letter Importance: High Mimecast Attachment Protection has deemed this file to be safe, but always exercise caution when opening files. Happy New Year, Just following up as I haven’t received this letter back yet and will need to have it prior to placing the zoning by-law on Council’s agenda. Page 226 of 990 2 Thanks, Julie Julie Hannah, MES, MA, MCIP, RPP | Planner 2 | Planning, Building, and Development | City of Niagara Falls 4310 Queen Street | Niagara Falls, ON L2E 6X5 | (905) 356-7521 ext 4107 | Fax 905-356-2354 | jhannah@niagarafalls.ca niagarafalls.ca The City of Niagara Falls Confidentiality Notice The information contained in this communication including any attachments may be confidential, is intended only for the use of the recipient(s) named above, and may be legally privileged. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, disclosure or copying of this communication, or any of its contents is strictly prohibited. If you have received this communication in error, please re-send this communication to the sender and permanently delete the original and any copy from your computer system. Thank you Page 227 of 990 1 Julie Hannah From:John Morocco Sent:January 6, 2022 9:09 PM To:Julie Hannah Cc:Jim Diodati; Vince Kerrio; Victor Pietrangelo; Wayne Campbell; Wayne Thomson; Mike Strange; ioannoni@niagrafalls.ca; Lori Lococo; Chris Dabrowski Subject:[EXTERNAL]-City File AM-2021-016 8970 and 9015 Stanley Avenue and Lands on South Side of Lyons Creek , East of Stanley Avenue. Hi Julie, I am writing you in regards to City File: AM-2021-016. I am opposed to the official plan amendment for the areas that are designated Environmentally Protected and Environmental Conservation. These areas had to meet a very high Environmental standard to achieve these designation and there is no provable benefit that this development could ever provide that would warrant the removal of this designation. I understand that the Developer has the right to ask, but that is all they have. The right to ask does not make it right or supersede what is right. The definition of Conservation Land is pretty simple and straight forward. : an area of land that is protected and that cannot be built on or used for certain purposes. The definition for Environmentally Protected Land is also pretty straight forward and simple. : areas to protect natural and cultural features, maintain biodiversity and provide opportunities for compatible recreation. As residents living on Lyons Creek we love and respect nature and have followed all required directions to ensure we do not negatively impact the Environment surrounding us. A few years back we applied for a permit to replace our old dock. The appropriate agencies were contacted for approval. The Ministry of Natural Resources had identified American Water Willow as an endangered species along the creek in our area and near our shoreline. A staff person met us on site and pinpointed a plant near the shoreline. To protect and ensure this planets survival we relocated our dock position and installed protective hoarding while constructing with hand tools only. This plant is doing very well today and we are taking care to protect and promote its growth. Arguably the existing Golf course could fall into compatible recreation, if designed properly and maintained properly as a Golf course. In fact the recreational compatibility would have been the very approval that was received to construct the Golf course originally. This development proposal is unfortunately part of a new Speculator, development tact, purchase or construct a Golf course receiving the Environmental exemption. And then exploit this exemption to argue for re-designation to residential development. We have seen this with Thunder Waters, Grand Niagara proposal, this current request and as I understand with its recent sale, soon to be Willodell Golf course. Make no mistake this has become the new speculation / development loop hole. This needs to be stopped and speculators need to know that if you buy a Golf course, be prepared to own and operate a Golf course or allow it to go back to Nature. If not then don't buy it. As with everyone buyer beware, Speculators and Developers do not have elite status and are not owed or entitled to anything more than the average person. Also I believe that there may be some historical documentation that required John Holer owner of Marineland to maintain this site as Public Golf course. I believe this was reinforced as part of an exchange for Marineland being conveyed the original John N Allan Park land that formerly existed on the North East corner of Stanley Ave, and Chippawa Parkway. The golf course preservation may well be tied to this conveyance. Page 228 of 990 2 With that said there is no chance on this Green Earth that residential housing even falls anywhere within the realm of realistic uses. In fact if is absolutely contrary to all that is considered within these designations. Recent studies have shown that over 1/3 of officially Designated Environmentally protected ares are facing intensive human activity. The same research showed that the only areas that are truly being treated as designated are areas away from the general public or developers. This is simply because of Human greed, short sighted vision and the unwillingness of Leaders to stand up and defend something that is unable to defend its self. Interesting how everyone wants to speak about and champion steps to reverse or limit Climate Change and the need to preserve and protect our Environment. We see Earth Hour and Mother Earth Day and Arbour Day etc. However with one motion elected bodies can destroy not only hundreds of years of Environment but do something that in our and our children's life time no amount of programs will ever come close to replacing. You cannot truly support these Environmental programs in one breath while destroying Environmentally Protected areas in another. The City of Niagara Falls has a Park in the City Committee, Prior to this it was called Environmental Planning and Greening. I was part of a team that chose the name Park in the City because our Vision and Goal was to plant as many trees and create as many green spaces as possible. To truly bring the Park into the City. All this type of development does, is bring the City into what used to be Park. This does not even begin to address the challenges that would come with a development like this. Including the collection and transportation of sewage. Currently the only means to cross the Welland River for sewage disposal is the siphon located at the Intersection of Sodom Road and Lyon’s Creek. This Siphon has (3) pipes under the Welland river 600mm, 400mm and 200mm. This transfers sewage to the opposite side of the Welland river which is then mechanically lifted (pumped) to the gravity collection system and North end treatment facility. No one could seriously propose or support any additional collection system that crosses or goes under either the Welland river or Lyons creek. The historical problems and amount of by-pass pumping of solid waste into the Welland river is not acceptable now. Millions of taxpayer dollars have been spent constructing holding tanks just trying to mitigate the current problems, let alone the amount this development along with the numerous currently approved developments could add. This is simply one more Environmental catastrophe waiting to happen. With this said, even if his development is tied to the proposed new South End Treatment facility it would never support or justify the removal of the Current Environment and Conservation designations. These Designations are based on the Environmental sensitivity of the site and should be respected and up held. Without doubt the Consultant will present the standard talking points, affordable homes, construction jobs and tax base. In reality the homes will never be truly affordable as this is market driven. In fact the most recent developments in our area have a starting cost off $600 to $700 thousand per home. The builder will use this very beautiful location and proximity to water to ensure these homes have the same or higher price. The work will be short term and if built by one of the large companies employ workers who mostly do not live within our city. Taxes are not additional revenue as they are directly related to maintenance costs and required service needs, road, water, sewer and park maintenance and possible additional maintenance facility. Along with additional emergency first-responder facilities and staffing needs. As well as the future capital costs to replace items at the end of their life cycle. Development charges are also revenue neutral as they are used to offset the needed costs to accommodate and maintain this new development and others. As mention previously there is no amount of benefit that any Consultant or Developer can say or prove that will outweigh the loss of these Environmental areas in support of this development. In Closing: While I fully understanding and appreciate the Developers right to present and request these changes from Staff and Counsel. I am asking that Staff and Counsel do What is Right and Deny the requested changes to the Environmentally and Conservation Protected Areas. Page 229 of 990 3 Should you need to speak with me directly you can email or contact me by phone. My home address is Sincerely, John Morocco CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 230 of 990 1 Julie Hannah From:Josephine & Wernher Verbraeken Sent:January 7, 2022 9:56 AM To:Julie Hannah Cc:Jim Diodati; Wayne Campbell; Chris Dabrowski; ioanni@niagarafalls.ca; Vince Kerrio; Lori Lococo Personal; Victor Pietrangelo; Mike Strange; Wayne Thomson Fallview Account Subject:RE: 8970 and 9015 Stanley Avenue and Lands on the South Side of Lyons Creek Road, East of Stanley Avenue Attention: Julie Hannah Dear Sirs: We are Chippawa residents who have lived on Lyons Creek Road for approximately 17 years and have witnessed many car accidents. In 2007, we were approved by the Niagara Region for a three-way stop. This has decreased the speed of traffic and number of accidents but, our intersection is still very busy and treacherous especially when leaving our driveway. Our main concerns with this development would be the traffic volume and safety on our road. We hope to hear back as to what your future plans are with this intersection. Thank you, Josephine and Wernher Verbraeken Page 231 of 990 1 Julie Hannah From:bob roseann judge Sent:January 6, 2022 3:21 PM To:Julie Hannah Subject:RE: [EXTERNAL]-Proposed development on "Oakland Golf Course" and property on the south side of Lyon Creek Julie Hannah,Planner2 I am unable to attend the Open House on Jan 10th regarding this proposal but I would appreciate it if you would pass along my thoughs and concerns to those involved in the process. My name is Robert Judge and I am a life long resident of Niagara Falls and former employee of the City’s Planning, Building and Legal Departments who is absolutely disappointed with the proposed development of our great city and those who seek to destroy certain God given aspects of our ammenities. Lyons Creek and the Welland River are important ecological water ways to the City of Niagara Falls and many other municipalities in our area as they provide not only a wildlife refuge and recreational facilities but also a fresh water supply, hydro electric power and the many pleasures they bring us. The proposal to use the Open Space zoned lands of the former Golf Course is absolute greed and a sin based on the magnitude of the overall development. How can they justify using lands that are used for the habitat of local wildlife and future recreation of residents just to put a few extra bucks in their pocket? To my knowledge this land is owned by HYDRO ONE. Has this been approved by them without consultation with other authorities? Are they not a CROWN CORPORATION or at least a Federal Government company? PLEASE CONFIRM THEIR INVOLVEMENT IF ANY. Development in the City has grown considerably over the past twenty years with more and more Residential units being created in all forms. Hundreds of single family units in sprawling subdivisions inter-mixed with two family, Townhouse units and Apartment many of which are still unoccupied, forming a glut of residential units not a need for more, especially when it means the sacrifice of wetlands and recreational uses. Pleases turn this part of the proposal down. The remainder of the project may still warrant some consideration, after all those people from the GTA still need a place to live after they sell their multi-million dollars home. Regard Robert Judge from: bob roseann judge Sent: January 3, 2022 1:18 PM To: Julie Hannah Subject: RE: [EXTERNAL]-Proposed development on "Oakland Golf Course" and property on the south side of Lyon Creek Thank You Page 232 of 990 2 Sent from Mail for Windows From: Julie Hannah Sent: January 3, 2022 10:47 AM To: bob roseann judge Subject: RE: [EXTERNAL]-Proposed development on "Oakland Golf Course" and property on the south side of Lyon Creek Good morning Robert, Thank you for your email. The drop box for the application is found in the link below in the AM-2021-016 folder: https://www.dropbox.com/sh/g53gi7yd8ry8d67/AAAXunSzIyBuxKuxmMu_vj7Fa?dl=0 Please let me know if you have additional questions, Julie Julie Hannah, MES, MA, MCIP, RPP | Planner 2 | Planning, Building, and Development | City of Niagara Falls 4310 Queen Street | Niagara Falls, ON L2E 6X5 | (905) 356-7521 ext 4107 | Fax 905-356-2354 | jhannah@niagarafalls.ca From: bob roseann judge Sent: Sunday, January 2, 2022 12:51 PM To: Julie Hannah <jhannah@niagarafalls.ca> Subject: [EXTERNAL]-Proposed development on "Oakland Golf Course" and property on the south side of Lyon Creek Could you please forward some information regarding the above proposal prior to Jan.10th. Thank you Robert Judge Sent from Mail for Windows CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 233 of 990 11 Berkwood Place Fonthill, Ontario, L0S 1E2 Website: www.8trees.ca Email: anne.yagi@8trees.ca mail: 11 Berkwood Place, Fonthill ON, L0S1E2. Phone: (905)892-1760 January 7, 2022 Niagara Region Planning and Development Department 1815 Sir Isaac Brock Way, PO Box 1042, Thorold ON And City of Niagara Falls Attn: Alex Herlovitch Dear Cara Lampman and Alex Herlovitch Re: Proposed Residential Development at former Oaklands Golf Course This peer review is being done pro bono at the request of Sarah Ward, a resident of Chippawa. This review can be shared without constraint. The main concerns are the loss of open space, increases in vehicular traffic and the wide extent of the proposed residential lots within and nearby two ecological sensitive areas, Welland River and Lyon’s Creek. A great deal of background information is publicly available documenting the sensitivity of these areas form the Province of Ontario (NDMNRF and MECP), Niagara Peninsula Conservation Authority NPCA), Niagara River Remedial Action Plans (NRRAP) and Environment and Climate Change Canada Figure 1). In addition, there are many records of wildlife mortalities (turtles, snakes, amphibians, and mammals) along Lyons Creek Road indicating the existing connectivity between Lyons Creek to the Welland River is needed to complete their life cycle and that the connectivity is also impaired due to a lack of safe passages. All the native turtle species are at risk and adding more traffic and intensification along these areas without sufficient mitigation is placing these species further at risk and will not meet the Region’s targets for environmental health and sustainability. Figure 1. Environmental Sensitive areas are indicated by NPCA areas of regulation along Lyons Creek and Welland River provincially significant wetlands and watercourses. Page 234 of 990 Figure 2. Proposed Development at the former Oaklands Golf Course. Proposed residential areas are within or very close to regulated areas and buffer areas along two sensitive ecological areas, provincially significant wetlands and watercourses Welland River and Lyons Creek). Sustainable development and maintaining our biodiversity are both achievable targets within the context of most housing projects in this region. However, evaluating and recognizing what areas are suitable for housing, which areas are not suitable and which areas are needed to achieve environmental sustainability is the fundamental conflict to resolve here and takes considerable ecological expertise to integrate ecological sustainable practices and development planning (Figure 2). In light of my 40 years of knowledge, and experience with natural resources, wetlands, Species at Risk, and wildlife populations in this area, I recommend a reduction in the proposed development footprint to provide increased buffer distance with restoration along the ecological sensitive areas (Lyons Creek and Welland River and wetlands), maintain current open space zoning, and to consider Eco passages (3 minimum) designed to mitigate the impacts caused by increases in new roads, vehicular traffic and the losses of open upland habitat and connectivity as an opportunity to facilitate reptile and amphibian terrestrial dispersal and movement between theses sensitive areas (Figure 3). An analysis of cumulative impacts on features and ecological functions is also recommended. In addition, wet engineered stormwater ponds are ecological traps for wildlife because they attract wildlife and put wildlife in direct contact with harmful toxins and pollutants, which decreases their survival. Dry stormwater ponds (MOE, 2003) and enhanced grassed swales are a preferred ecological solution here to mitigate stormwater impacts, increase assimilation functions and to decrease prolonged use by wildlife. Wildlife will continue to move through these areas as safe passages. Please contact me if you require any further information. Sincerely, Anne Yagi MSc., EP, CERP President 8Trees Inc. Attached resumé https://www.ontario.ca/document/stormwater-management-planning-and-design-manual/stormwater-management- plan-and-swmp-design Page 235 of 990 Page 236 of 990 8Trees Inc. is a non-government environmental consulting company that aims to carry out innovative approaches to ecological restoration, ecological based development planning, data collection, enhance science-communication, and mentor students in the fields of biological conservation, ecology, invasive species control, environmental policy, and environmental impact studies. Go to Google Play store or Apple store and download 8Trees newly developed free software; “My Field App” and contribute to citizen science biological data collection in your neighborhood. Now available, My Fish App” which measures and organizes your fish catch data into a digital angler diary. Current 8Trees Projects: Formed a multi-stakeholder delegation of experts in support of the removal of the Biederman Municipal Drain from within the nationally significant Wainfleet Bog wetland (2021 to present). Managing an ecological trap on the reptile community inhabitating a partially mined peatland in Southern Ontario”; OSARF 2017 to 2024; CWS winter 2018 to present. Massasauga Recovery Team Member (1998 to 2010) Massasauga Recovery Implementation Team Member (2021 to present) PhD committee member for J. Choquette 2019-2023 “Managing translocations for Massasauga Recovery in Ojibway Prairie” Laurentian University Monitoring the human impact on Fowler’s toad at Niagara Beaches”; OSARF 2018 to 2021 Science Advisor “Haldimand County Gray Ratsnake (Pantherophis spiloides) population recovery project”; OSARF 2017 to 2020 Fowler’s toad Recovery Implementation Team Chair (2009 to present). Building on Success: Using Habitat Modeling and outreach to confirm presence of Gray ratsnake and Foxsnake in Niagara-Hamilton”, OSARP 2020 Science Advisor “Pelee Island Blue Racer (Coluber constrictor foxii) Hibernation habitat investigation and restoration project”; OSARF 2018 to 2024 Forested Wetland Trail creation, woodland enhancement, Invasive Species Control and mitigation of amphibian ecological traps at QEW and Netherby Rd. (2018 to present) Lowbanks Backshore Wetland Complex- Invasive Species Control and mitigation of amphibian ecological traps (2018 to present) Anne R. Yagi President, 8Trees Incorporated November 2016 - Present MSc. Biological Sciences (Ecology and Evolution) Brock University BSc. Honours Zoology University of Guelph ECO Canada Certified Environmental Professional (EP) Certified Ecological Restoration Professional (CERP) Certified Ontario Wetland Evaluator (OWES) Certified Ecological Land Classification (ELC) Chair of the Fowler’s Toad Recovery Implementation Team anne.yagi@8trees.ca P) 905.892.1780 C) 289.213.8609 www.8trees.ca https://www.linkedin.com/in/anne-yagi-3a490361?trk=nav_responsive_tab_profile Page 237 of 990 11 Berkwood Place Fonthill, Ontario, L0S 1E2 Website: www.8trees.ca Email: anne.yagi@8trees.ca mail: 11 Berkwood Place, Fonthill ON, L0S1E2. Phone: (905)892-1760 Differentiating “true” ecological core areas from regenerated farm-lands within the Niagara Region 2017 to present) for ecological based development planning Forested Wetland Restoration Reference Site for Fort Erie regenerated farmlands, Fort Erie ON 8Trees Staff: (5 to 15) One full-time biologist, five part-time seasonal, summer students, interns and full- time Habitat Biologist associate. M.Sc. Thesis 2020: “Flood survival strategies of overwintering snakes”. Memberships: Canadian Herpetological Society (CHS), Society for the Study of Amphibians and Reptiles (SSAR) and Society for Ecological Restoration (SER). Past member of American Fisheries Society (AFS)- Ontario Chapter. Canadian Herpetological Society 2019 award recipient: “Blue Racer Award” in recognition of significant contributions to the conservation of amphibians and reptiles in Canada. Environmental Impact Studies Scoped Environmental Impact Study for 00 Townline Rd. Town of Fort Erie Environmental; Impact Study for QEW X Netherby Rd. Town of Fort Erie Scoped Environmental Impact Study for 368 Aqueduct X Gadsby Ave, City of Welland. Feb. 2021 And Amendment with completion of other field studies Nov 2021 Environmental Impact Study 495 Bernard Ave., Town of Fort Erie Environmental Impact Study for 12260 Lakeshore Rd. Township of Wainfleet Scoped Environmental Impact study for 14621 Niagara Parkway, NOTL Management Biologist (Retired Sep 30, 2016, after 35 years’ public service) Ministry of Natural Resources and Forestry (Vineland Field Office, Guelph District) My career at MNR began in 1981 as a summer student conducting a creel survey. After eight years of back-to-back” contracts I was hired as the Fisheries Enhancement Officer and then as the Fish and Wildlife District Biologist. I continued in this position for 26 years until I retired in 2016. Although retired from government, my interest in fish and wildlife resources and mentoring continues within my graduate studies, pursuit of research, development of citizen science products, planning and development, proactive projects in natural resource management and ecosystem restoration. Career Highlights: Identified, examined, and accepted as an expert witness (Federal, Provincial Court and OMB hearings) in the areas of fish biology and habitat, wetlands, deer biology, freshwater turtles, Massasauga rattlesnakes and general wildlife biology. Provincial Wetland Evaluations Niagara- Hamilton-Haldimand (est > 200 OWES evaluations) Fish Community Monitoring Project Niagara River Watershed (1997 to 2016) Peregrine Falcon Recovery and Master Bander (1996 to present) Winter Habitat Use by Wildlife: via Helicopter Surveys (White-tailed deer, wild turkeys, raptors, swans, ducks, geese) Niagara River Remedial Action Plan- Fish population Impairment- Determination of Delisting Criteria Field Investigation of Headwater Channel Erosion and related impacts on the Fenwick Regional ANSI, Provincially Significant Wetlands and Species at Risk Page 238 of 990 Welland River Fish Passage White Sucker and Walleye Telemetry Project at Old Welland Canal Junction (2000, 2013 to 2015) Navy Island Deer Exclosures project and management recommendations (1990 to 2010) Restoration of a Walleye population in the Welland – Niagara River system Grand River Fisheries Management Plan and advocate for the removal of the Dunnville Dam Species at Risk Habitat Stewardship and Education projects (Fowler’s toad, Massasauga, Spotted turtle, Blanding’s turtle, Gray Ratsnake, Allegheny Mountain Dusky and Northern Dusky salamander) included managing field technicians and summer students and external funding sources annually since 2000 with an operating budget $50K to $100K. All projects included surveys and monitoring, habitat enhancement, restoration, and design and creation of outreach and educational products. These projects also included mentoring and liaison with partners including universities, agencies, landowners and other interested stakeholders. As part of this species at risk team we were the first to identify Allegheny Mountain Dusky Salamander in the Niagara Gorge Ecosystem restoration project (1998 to present) - managing two species at risk populations Massasauga and Spotted turtle before, during and after water levels were increased in the central historically peat mined area. This included mark –recapture (> 200) massasaugas and (>400) spotted turtle observations since 1998. Radio telemetry technique for both species was used to confirm habitat use. With increasing conservation concerns raised about massasaugas and the potential that the mined peatland to become an ecological trap on the population. Radio telemetry was abandoned in favour of my innovative and successful coverboard design and survey technique to continue to monitor massasaugas and the resident snake community. During this time, I designed and implemented a hibernation habitat study where I introduced the “life zone” hypothesis. A “life zone” is a subterranean space where snakes successfully overwinter. This space does not freeze or flood completely and is the focus of my graduate studies. “Overwintering behaviour and survival of temperate neonatal snakes” and the development of the “forced hibernation technique”. This technique is a biological test of the life zone to confirm snakes can survive within the associated habitat. It is only used in areas where physical measures have confirmed a physical space is maintained in harsh and mild winters. Once a habitat is biologically tested using neonate gartersnakes model species), species at risk neonates can be forcibly hibernated in these good habitats. This technique will aid in repopulating good habitat because snakes use homing behaviour to return to previously occupied burrows thus removing the ecological trap associated with the mined peatland. Fowler’s toad Recovery Team Chair, Ontario Dusky Salamander Recovery Team Co-Chair, Gray Ratsnake and Massasauga rattlesnake and Ontario SAR turtle Recovery Team member Other Highlights include: Provincial Amethyst Award: Grand River Fisheries Management Plan (1999) OMNR Pride Award: Recovery of Peregrine Falcon (2000) NPCA: Welland River Restoration Committee Recognition Award (2002) NPCA Conservation achievement awards (2002 to 2008) Niagara River Bathymetry, Habitat Mapping, and habitat creation projects Niagara Region Fish Habitat Types with Management Rationale for municipal planning Binbrook Reservoir Electrofishing, and live trap netting projects Adult Walleye transfer from Bay of Quinte, Lake Ontario to Binbrook Reservoir Spring thermal flux studies Niagara River and Upper Niagara River Tributaries Long term thermal monitoring of last remaining Brook trout fishery Upper Twelve Mile Creek Upper Twelve Mile Creek Brook Trout Population Assessment 1984, 2000, 2008 Upper Twelve Mile Creek Restoration Projects (1989 to 1995) Frenchman’s Creek Grass Roots Watershed Restoration Project (1991 to 1995) Page 239 of 990 11 Berkwood Place Fonthill, Ontario, L0S 1E2 Website: www.8trees.ca Email: anne.yagi@8trees.ca mail: 11 Berkwood Place, Fonthill ON, L0S1E2. Phone: (905)892-1760 Point Abino Drain Fisheries Study- Pre and Post Drainage Works 2001 – 2002 Welland River Fish Community Assessment 1997 Walleye Restoration Project, Grand River, Welland River and Community Involvement Lake Ontario Littoral Zone, Lake Gibson, Martindale Pond and Old Welland Canal Fish Community Wild turkey reintroduction, trap and transfer international project (1986 to 1996) Ontario Conservation Fishing and Hunting Licence, Pleasure Boat Certificate, Class 1 Electrofishing Certificate (all types), Standard First Aid and CPR, ROM Fish ID, Wetland Evaluation Certifications, Active golf enthusiast Publications (chronological order) Yagi, A. R., Planck, R.J., Yagi, K.T. and Tattersall, G.J., 2020. A Long-Term Study on Massasaugas (Sistrurus catenatus) Inhabiting a Partially Mined Peatland: A Standardized Method to Characterize Snake Overwintering Habitat. Journal of Herpetology, 54(2), pp.235-244. Yagi A. R. 2020. Flood Survival Strategies of Overwintering Snakes. Master of Science Thesis. Brock University, Canada. Yagi A. R. and G. Tattersall (In Prep) Forced Hibernation- A Technique to ensure overwinter survival of endangered temperate neonatal snakes Yagi, A. R. and Tattersall, G. J. 2018. “Please Don’t Step on the Hummocks”: Summer Refugia for Massasauga Rattlesnakes.” The Canadian Herpetologists/L’Herpetologiste Canadien 8(1): 22-24. Yagi, A. R., Abney, C., Bukovics, T., Breton, B., Blott, C., Yagi, K. 2018. “The Young and the Restless: Postpartum Breeding and Early Onset Sexual maturity in an Isolated Northern Population of Massasauga Rattlesnakes.” The Canadian Herpetologists /L’Herpetologiste Canadien 8(1): 24-26 Hileman E T. … and A.Yagi, 2017. Climatic and geographic predictors of life history variation in Eastern Massasauga (Sistrurus catenatus): A range-wide synthesis PLOS ONE | DOI:10.1371 /journal.pone.0172011 February 14, 2017 Jones P.C., R.B.King, R.L.Bailey, K.Bissell, H.Campa,III, (+25) and A.Yagi.2012. Population Ecology Range-Wide Analysis of Eastern Massasauga Survivorship. J. Wild. Man. 76(8):1576-1586; DOI:10.1002/jwmg.418 Yagi A. R. 2010. Game Birds of Niagara In Niagara Birds: A compendium of articles and species accounts of the birds of the Niagara Region in Ontario editors Black, J.E. and K.J . Roy. Yagi A.R, R.J. Planck and P. Hache. 1999a. Post Assessment of the Shriner’s (Branch W-5-1) Creek Ecological Design, Niagara Falls Ontario: Did Past Planning Goals meet the Public Expectations? Proceedings of the Second International Conference on Natural Channels. March 1999. Niagara Falls, Ontario. Canada. Yagi A. R., Harrington .G. 1999b. Combining a Golf Course Re-Design with Natural Channels-Lessons learned from a St Catharines Urban Stream. Proceedings of the Second International Conference on Natural Channels. March 1999. Niagara Falls Ontario, Canada. Yagi A. R. and Frohlich K. 1998a. An Interim Report on Wainfleet Bog Restoration: Challenges and Future Direction, Second Inter Global symposium for the Conservation of Eastern Massasauga rattlesnakes, Toronto Zoo p. 164 to 169 Fraser, J. Z., Yagi, A. R., Planck, R .J. 1994. A Natural Approach to Watercourse Modification in Urbanizing Watersheds: Shriners Creek Case Study, proceedings of the First International Conference on Rivers and Guidelines for Natural Channel Systems, Jan 1994. Niagara Falls Ontario, Canada. Government Publications and Reports Yagi, A. R., et al. 2019. Managing an Ecological trap in a Partially Mined Peatland on the Resident Reptile Community which includes Five Species at Risk; Massasauga; Eastern Ribbon; Spotted turtle; Snapping turtle and Blanding’s turtle. Final Report for 2019-20. Species at Risk Stewardship Fund, Ontario Ministry of Natural Resources and Forestry. Yagi, A. R., et al. 2018. Managing an Ecological trap in a Partially Mined Peatland on the Resident Reptile Community which includes Five Species at Risk; Massasauga; Eastern Ribbon; Spotted turtle; Snapping turtle and Blanding’s turtle. Final Report for 2018-19. Species at Risk Stewardship Fund, Ontario Ministry of Natural Resources and Forestry. Yagi A.R., et al. 2017. Managing an Ecological trap in a Partially Mined Peatland on the Resident Reptile Community which includes Five Species at Risk; Massasauga; Eastern Ribbon; Spotted turtle; Snapping turtle and Blanding’s turtle. Final Report for 2017-18. Species at Risk Stewardship Fund, Ontario Ministry of Natural Resources and Forestry. Yagi, A.R., A. Brant, S. Meyer, D.M. Green, S. Dobbyn, B. Johnson, and R. Tervo†. 2017. The Fowler’s toad Stewardship Guide. prepared for Environment Canada Habitat Stewardship Program 61pp. Yagi A.R, K.T. Yagi and A.Brant. 2017. The Spotted Turtle Stewardship Guide, prepared for Environment Canada Habitat Stewardship Program 25pp. Yagi A.R. [updated 2016]. Niagara Region Fish Habitat Types with Management Rationale, Ontario Ministry of Natural Resources unpublished manuscript. Yagi A.R and C.Blott. 2015. Niagara River RAP- Fish Population- Beneficial Use Impairment Delisting Criteria. Prepared for OMNR and NRRAP Advisory Committee. Page 240 of 990 Markle, T.M., A.R. Yagi and D.M. Green. 2013. Recovery Strategy for the Allegheny Mountain Dusky Salamander Desmognathus ochrophaeus) and the Northern Dusky Salamander (Desmognathus fuscus) in Ontario. Recovery Strategy Series. Prepared for the Ontario Ministry of Natural Resources, Peterborough, Ontario. vi + 30 pp. Blott C., A.R.Yagi and V. Crombie. 2013. Niagara River (Ontario) Remedial Action Plan Interim Assessment of Degradation of Fish Populations Beneficial Use Impairment for the Niagara River Remedial Action plan (DRAFT) 51pp + Appendices Yagi A.R. and R. Jon Planck . (2012) Identification, Characterization and Subterranean Delineation of Critical Eastern Massasauga Hibernation Habitat in a Partially Mined Peatland for the Purposes of Species Recovery, Poster Ontario Nature Conference, Toronto 2012. Yagi A.R and C. Blott. 2012. Niagara River Watershed Fish Community Assessment (1997 to 2011) Ontario Ministry of Natural Resources unpublish report 168pp + appendices Yagi A.R. 2012. Field Investigation of Channel Erosion and related impacts on the Fenwick Regional ANSI, Provincially Significant Wetlands and Species at Risk, unpublished report for OMNR 20pp+appendix Green D.M., A.R. Yagi and Hamel S. Green, David M., Anne R. Yagi, and Stewart E. Hamill. 2011. Recovery Strategy for the Fowler’s Toad (Anaxyrus fowleri) in Ontario. Ontario Recovery Strategy Series. Prepared for the Ontario Ministry of Natural Resources, Peterborough, Ontario. vi + 21pp. Yagi A.R., T. Markle, A. Brant and R. Tervo. 2010. Quebec and Ontario Stream Salamander Stewardship Guide, prepared for Environment Canada Habitat stewardship Program 37 p + iii Yagi A.R, A.Brant and R.Tervo. 2009. Niagara Region Natural Areas Inventory Reptile and Amphibian Study 2006 to 2008. Ontario Ministry of Natural Resources and Land Care Niagara unpublished report for the Natural Areas Inventory prepared for the Niagara Peninsula Conservation Authority 78pp incl. separate Map Appendix. Yagi A.R. and A. Timmerman. 2009. Ancaster Wintering Deer Survey 2009 - with Management Recommendations, unpublished report for the Hamilton Conservation Authority 37pp + iii. Denyes D., A.R. Yagi, A. Brant, K.Wright. 2009. American Water- willow Stewardship Guide. prepared for Environment Canada Habitat stewardship Program 21p +ii Yagi A.R and R. Tervo. 2008a. Species at Risk Habitat Mapping for the Allegheny Mountain Dusky Salamander (Desmognathus ochrophaeus) - a Test of Draft Habitat Mapping Guidelines. Unpublished report for Ontario Ministry of Natural Resources Species at Risk, Peterborough, Ontario 12pp. Yagi A.R and R. Tervo. 2008b. Species at Risk Habitat Mapping for the Northern Dusky Salamander (Desmognathus fuscus)- a Test of Draft Habitat Mapping Guidelines. Unpublished report for Ontario Ministry of Natural Resources Species at Risk, Peterborough, Ontario 12pp. Yagi A.R and R. Tervo. 2008c. Species at Risk Habitat Mapping for the Fowler’s toad (Bufo fowleri)- a Test of Draft Habitat Mapping Guidelines. Unpublished report for Ontario Ministry of Natural Resources Species at Risk, Peterborough, Ontario Yagi A.R and C. Blott. 2008d. Niagara River Watershed Fish Community Assessment (2003 to 2007) Ontario Ministry of Natural Resources unpublished report 197pp. Yagi A.R. and M. Esraelian. 2008e. White-tailed Deer (Ondocoileus virginianus) Management Recommendations for the Niagara Parks Botanical Gardens - School of Horticulture Final Report. Ontario Ministry of Natural Resources 34pp. Yagi A.R., A. Brant, S. Meyer, D.M. Green, S. Dobbyn, K. Frohlich, K. Hayes, B. Johnson, M. Oldham and R. Tervo.2007. The Fowler’s toad Stewardship Guide. prepared for Environment Canada Habitat Stewardship Program 60pp. Yagi A.R. and R. Tervo. 2006a. Black Ratsnake (Elaphe obsoleta) Telemetry Project 2001 to 2002: Oriskany Sandstone Area- Carolinian Population Final Report unpublished for Ontario Ministry of Natural Resources Species at Risk, Peterborough, Ontario. 25pp. Yagi A.R. and R. Tervo. 2006b. Distribution of Fowler’s toad (Bufo fowleri) in Aylmer District Based upon field surveys conducted in 2004 and 2005 with notes on Habitat for Recovery Planning Purposes, unpublished report prepared for Ontario Ministry of Natural Resources Aylmer District and OMNR SAR. 21pp. Yagi A.R. and R. Tervo. 2006c. Guelph District Fowler’s Toad (Bufo fowleri) - Historic Elemental Occurrence Verification, Current Presence/Absence information with notes on Preliminary Habitat Characterization for Recovery Planning Purposes, unpublished report prepared for the Ontario Ministry of Natural Resources Species at Risk, Peterborough, Ontario. 10pp. Yagi A.R and R. Tervo. 2005a. [Data Sensitive]Massasauga (Sistrurus catenatus) Population- Interim Report; unpublished report prepared for the Ontario Ministry of Natural Resources Species at Risk, Peterborough, Ontario 11pp. Yagi A.R., R. Drabick, J. Radford and K. Spence. 2005b. Lower Frenchman's Creek: Wetland Evaluation, and Fisheries Assessment-Between Niagara Parkway and Bowen Rd. Allowance Yagi A.R. and D.Mills.2004. Niagara Glen Species at Risk Inventory Final Report 2004 (Data Sensitive) Ontario Ministry of Natural Resources unpublished report for the Niagara Parks Commission 30 pg. Yagi A.R. and D.Mills.2003a. Interim Report: Fowler’s Toad (Bufo fowleri) Abundance and Habitat Use at Morgan’s Point Conservation Area with Habitat Enhancement Recommendations, Summer 2003, unpublished report prepared for the Niagara Peninsula Conservation Authority and OMNR SAR Peterborough, Ontario. 7pp. Yagi A.R and R. Tervo. 2003b [Data Sensitive]Eastern Massasauga Rattlesnake (Sistrurus catenatus), Ministry of Natural Resources unpublished report.7pp. Yagi A.R. 2003c. Point Abino Fisheries Drain Fisheries Study- Pre and Post Drainage Works 2001 – 2002, Ontario Ministry of Natural resources unpublished report, updated March 2010 11pp. Yagi A.R. 2000. Niagara Region Fish Habitat Types with Management Rationale, Ontario Ministry of Natural Resources unpublished manuscript.4pp. Page 241 of 990 11 Berkwood Place Fonthill, Ontario, L0S 1E2 Website: www.8trees.ca Email: anne.yagi@8trees.ca mail: 11 Berkwood Place, Fonthill ON, L0S1E2. Phone: (905)892-1760 Yagi A.R. 1998b. Old Welland Canal Fisheries Assessment. City of Welland. Ontario Ministry of Natural Resources unpublished manuscript. Yagi A.R. 1997. Martindale Pond Fisheries Assessment with Notes on Richardson’s Creek Fisheries Habitat Compensation Project. OMNR unpublished manuscript. Yagi A.R., R.J Planck and P. Hache. 1996 “An Approach to Ecosystem Restoration” – Presented at 57th U.S. Midwest Fish and Wildlife Conference, Dec 5 1996, Detroit Michigan Yagi A.R. 1997. Welland River Fisheries Study with Management Recommendations. Ontario Ministry of Natural Resources unpublished manuscript. Sarvis, A.R. 1985. Brook Trout Distribution and Abundance within Upper Twelve Mile Creek. Ont. Min. Nat. Res. unpublished manuscript, 45pp. Page 242 of 990 1 Julie Hannah From:Anne Yagi Sent:January 7, 2022 1:21 PM To:Julie Hannah Cc:Sarah Ward Subject:Request to Participate in Oral Submission at Public Meeting Jan 10th: Oaklands GC re- development Attachments:8Trees Inc Letter Chppawa Oakland GC Jan7 2021signed.pdf Hello Julie Please find attached our peer review letter with ecological recommendations to the City of Niagara Falls regarding the proposed residential development at 8970 and Stanley Ave and lands south of Lyons Creek Rd, East of Stanley Ave (i.e., the former Oaklands GC and Trailer parklands). I request an opportunity to speak at the public meeting regarding this development project. I understand I am allowed questions and 5 minutes of speaking time. Let me know if you need anything further, Regards, Anne Yagi, M.Sc., EP, CERP President We are here to help! All Citizen Scientists, try our newest mobile app “My field App” From your mobile phone go to https://qrco.de/bbRJJ5 OR Scan the QR Code This email is intended only for the person to whom it was originally addressed and contains the intellectual property of 8Trees Inc. Distribution of this information without the expressed written consent from 8Trees Inc. is forbidden Page 243 of 990 1 Julie Hannah From:Marie Nobes Sent:January 7, 2022 1:34 PM To:Julie Hannah; Jim Diodati; Chris Dabrowski; Wayne Campbell; Carolynn Ioannoni; Mike Strange; Wayne Thomson Fallview Account; Lori Lococo; Victor Pietrangelo; Vince Kerrio; Planning Emails Subject:[EXTERNAL]-Important-please attend the Open House on Mon Jan 10th To whom it may concern, In regards to the rezoning proposal for the change from Conservation Open Space to Multi-unit zoning, This is an ecosystem!! Once these ecosystems, the species that live there, and our waterways are developed, they are gone forever? We talk about climate change and saving our planet, yet you are trying to destroy it’s creatures, for profit. From the Threatened Gray fox and the threatened American Water Willow, and the other threatened species to the other species that enjoy our ecosystem including blue herons, egrets, ducks, geese, fish, beavers, salamanders, frogs, toads, turtles etc…. Ask any of the people who live on Lyons Creek Road and any of the many kayakers and canoers that enjoy the waterway, about the beauty and the nature that is living there. To even make a nature trail or park, let alone build houses, let alone townhouses, let alone a condo building will destroy it. Not to mention the noise, the parking lots and the pavement, that go along with all of those things. This parcel of land needs to be left alone completely so that the ecosystem can survive without humans killing it. It is one of our few Conservation Areas left. This parcel of land need to remain Conservation Open Space. In regards to the land presently zoned industrial that was previously the Oaklands golf course, there have been rumours, which have yet to be verified, that the land is contaminated. I believe it would be irresponsible to change the zoning of that land to residential before further testing is done. If you allow people to purchase and live on a piece of property before the proper testing has been done, you could potentially make the new homeowners sick and possibly render their property worthless. Have we already forgotten about Love Canal with our neighbours to the south of us in 1978? From 1943 to 1953, the Hooker Chemical Company, with government sanction, admittingly began using the partially dug canal as a chemical waste dump. That is only a 10 year timeframe of when the toxic dumping was done. How do we know until major testing is done, that there is not toxic waste on the Oaklands site. Why is this piece presently zoned Industrial? There must be a reason. Are you prepared to live with the consequences of knowing you could make people sick, and are you prepared for a class action lawsuit that could potentially be brought upon you by the homeowners if this land is indeed contaminated? Also, what about the Welland River? How are you planning to protect that waterway and ecosystem? Also, what provisions have been made for the increase in traffic of 1344 new homes with most households having 2 cars for a total of 2688 additional cars on the roads each day? An d sewage? What about the turtles that cross the Page 244 of 990 2 road each year? The traffic will surely kill many. It happens already with all of the irresponsible development that has already taken place. It is not that we are against development, rather we are against “irresponsible urban sprawl” and destruction of our Conservation areas, ecosystems and endangered and threatened species that live in these areas. I am after- all a realtor and would love to see more “responsible” developments. I also live on Lyons Creek and see the ecosystem in all of it’s beauty, every single day. I would also like to speak at the Open House Zoom meeting on Monday January 10th, 2022. By the way, I am never too busy for your referrals Marie Nobes CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 245 of 990 1 Julie Hannah From:carol underhill Sent:Saturday, January 8, 2022 2:27 PM To:Julie Hannah Subject:[EXTERNAL]-new development Hi I am emailing for Bobbie Storrie has no computer allowed him to use mine . I’m definitely opposing the new builds on other of the creek coming off Lyon Creek Rd . Thought years ago it was saved as environmental area. I will get hold of someone in the environmental field to see what option we have . Any questions Bob Storrie . We live in small community You have house in behind Bettys Restaurant down Sodom road as far as you see. Understand maybe the golf course lets hope not a hundred driveways going of creek road either, congested enough as it is. CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 246 of 990 1 Julie Hannah From:carol underhill Sent:Saturday, January 8, 2022 12:43 PM To:Julie Hannah Subject:[EXTERNAL]-development on lyons creek road Hi I am Carol Underhill of I am on the creek side got the notice for more apartments and houses on both sides of the road I strongly oppose this especially on creek side of Lyons creek road golf course makes sense Chippawa is small village small grocery store as of May no bank and a drug store seriously Cant always be about money and profit . Creek is not very wide great for small boats leisure activities. I stand in agreement with my neighbors as to no development on the side of Lyons creek road creek side. Hoping our voices are heard. Carol Underhill CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 247 of 990 1 Julie Hannah From:donna Sent:Saturday, January 8, 2022 9:45 AM To:Julie Hannah; Jim Diodati; Chris Dabrowski; Wayne Campbell; Carolynn Ioannoni; Mike Strange; Wayne Thomson Fallview Account; Lori Lococo; Victor Pietrangelo; Vince Kerrio; Planning Emails Subject:[EXTERNAL]-rezoning Please let nature take its course. Let the plants and animals continue in their space. The Chippawa Committee have a valid point in wanting to preserve the open space. I am glad they have taken on the fight. Donna Sutton CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 248 of 990 Livable Chippawa are residents who advocate for sustainable development, socially conscience neighborhoods, and biodiverse environments. Therefore, here is an easy commitment to gaining a slight of edge right into your mailbox. Please consider joining the city’s notification list by sending a single email. We'd be grateful if you could pass along this message to anyone who might be interested in receiving the latest information. Email the following message to: jhannah@niagarafalls.ca Subject: Notification List for Niagara South and Chippawa Region Hello Julie Hannah, Would you be so kind as to add me to the notification list for any developments, proposals, surveys, reports, etc. concerning the Niagara South and Chippawa Region? Thank you for keeping me abreast with the latest information from the City of Niagara Falls. Sincerely, Full name Address Phone Number Email address Page 249 of 990 1 Julie Hannah From:judy doerr Sent:Saturday, January 8, 2022 10:20 AM To:Julie Hannah Subject:[EXTERNAL]-I am sharing '4c54e7_c78344f84bf34b51aa8930209f51816d' with you Attachments:4c54e7_c78344f84bf34b51aa8930209f51816d.pdf CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 250 of 990 1 January 9, 2021 Patricia Yanik Mayor Diodati, City Council & Planning Dept. City of Niagara Falls 4310 Queen Street, P. O. Box 1023 Niagara Falls, ON L2E 6X5 Dear Mayor Diodati jdiodati@niagarafalls.ca Council Members councilmembers@niagarafalls.ca Director of Planning, Building and Development 905-356-7521 ext. 4235 Julie Hannah jhannah@niagarafalls.ca 905-356-7521 ext. 4107 (8:30-4:30) clerk@niagarafalls.ca Re: City File: AM-2021-016 Oaklands, King Waldorf & adjacent lands Areas of Concern 1. Density of proposed development footprint is a major concern. Is it in keeping with the existing Official City Plan & Municipal objectives and commitments to its residents? 2. Reduce the number of units - increase lot size or it could become another neighbourhood of houses and housing units on postage size lots –esthetically not appealing and questionable as to whether infrastructure can support it. 3. Provide affordable well-built housing for Niagara Region Residents 4. Traffic infrastructure must support the additional 1000’s+ of vehicle traffic when you consider potentially over 990 Chippawa East residences to be built on Sodom Road, 45 townhouses in King George Village, Legends subdivision on the previous FJ Rutland land and more building in the Chippawa subdivision adjacent to Betty’s Restaurant 5. Traffic volume – congestion is present now and residents are using neighbourhood streets and back roads to avoid Sodom and Main Street – often at an excessive illegal speed 6. How valid /recent was the traffic study done? Covid has drastically affected the pre-covid volume of traffic and an accurate assessment is necessary to make responsible decisions. 7. Are there plans to widen Lyon’s Creek Road to accommodate transport trucks and the increase of other vehicles? (also considering the new hospital and whatever that brings into the mix) 8. Chippawa has, and has had a history of sewage and water backing up into residences –Will the planned infrastructure be sustainable considering climate change effects seen in other areas of the country? 9. Is there any provision should archeological remains /artifacts be found during construction activities as has been found along other nearby Welland River embankments? 10. Potential impact to the Provincial Significant Wetland on this property 11. Consideration for Species at Risk and any species specific to this property: 12. Displacement of wildlife e.g. Deer, birds, turtles, amphibians with a lack of a natural habitat and open spaces – proper corridors should be considered. Page 251 of 990 2 Most Residents are aware of the existing mortality rate of muskrats, squirrels, raccoons, and other mammals, plus turtles, snakes, and amphibians on Lyon’s Creek Road and it would only get worse if they managed to survive at all - Are there provisions for existing animals / wildlife to have connected safe passages between Lyon’s Creek and the Welland River? – This factor being critical for their life cycle. 13. Are there appropriate effective buffer blocks between all structures and the critical natural habitats in this plan? 14. Impact on the natural watershed (the dividing land / ridge between drainage areas separating waters flowing to different rivers, creeks along the Welland River and Lyon’s Creek) 15. Need to protect diminishing green space, open space and aquifer systems 16. Overall impact of Construction of this development I do anticipate that answers will be provided at the Open House Meeting of January 10 th, 2021. Until adequate information and proper studies have been completed I do not support this proposal and request that the Planning Dept. makes a recommendation against this development. With Sincerity & Trust to do what is right … Patricia Yanik Page 252 of 990 1 Julie Hannah From:Amanda H Sent:Sunday, January 9, 2022 11:39 PM To:Julie Hannah; Jim Diodati; Chris Dabrowski; Wayne Campbell; Carolynn Ioannoni; Victor Pietrangelo; vkerrio@niagarafalls; Wayne Thomson Subject:[EXTERNAL]-Wetland rezoning Oakland Golf Course Parcel of land in the Oakland Golf Course that wants to be rezoned. The area that is up for discussion plays an important role in the safety and health of our communities . Think of this area as a giant paper towel that absorbs and holds water to help buffer our cities and farms from floods and droughts. An area that helps remove sediments, excess nutrients and bacteria from our drinking water . Absorbing and storing carbon pollution is another critical role this area plays. This area provides vital nesting,feeding grounds for birds,as well as habitat for insects, amphibians,fish and many other animals. If you are not aware of what relies on this special habitat in our area, here is a sample list. Blanding Turtle Red Headed Woodpecker Eastern Meadow Lark (bird) Northern Bobwhite (bird) Wood Thrush (bird) Eastern Flowering Dogwood (plant) American water Willow (plant) Pink Milkwort (plant) Fowler's Toad Late Chubsucker( fish) This list is just an example of what is Threatened or Endangered in Ontario. If you are not aware , they are on the Endangered list and therefore are protected and so is their habitat. Has there been any assessments, survey's , collaborating with appropriate government agency's ,any type of documentation on this rezoning of wetland that is currently zoned conservation . If so what does the report say?. We need to stop devaluing these wetland conservation area as an unproductive area , clearly these areas play a huge vital role to all of us and wildlife. Regards Amanda Lawrie CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 253 of 990 1 Julie Hannah From:Anne Yagi Sent:Sunday, January 9, 2022 1:58 PM To:Julie Hannah Subject:RE: Request to Participate in Oral Submission at Public Meeting Jan 10th: Oaklands GC re-development Attachments:Public Open House Jan 10 2022.pdf Hi Julie Attached are the slides I would speak to. Thank you Regards, Anne Yagi, M.Sc., EP, CERP President We are here to help! All Citizen Scientists, try our newest mobile app “My field App” From your mobile phone go to https://qrco.de/bbRJJ5 OR Scan the QR Code This email is intended only for the person to whom it was originally addressed and contains the intellectual property of 8Trees Inc. Distribution of this information without the expressed written consent from 8Trees Inc. is forbidden From: Julie Hannah Sent: January 7, 2022 1:33 PM To: Anne Yagi Cc: Sarah Ward Subject: RE: Request to Participate in Oral Submission at Public Meeting Jan 10th: Oaklands GC re-development Good afternoon Anne, Thank you for your comments. I have put them in the file and will provide to Council for their consideration. In terms of the meeting on Monday, it is an open house, not the statutory public meeting. You are welcome to provide comments at the meeting—the public meeting will be held at a later date (for which notice will be given for). I’ve provided the Zoom meeting details (phone and link)—please let me know if you have any questions. Page 254 of 990 2 Julie Join Zoom Meeting https://niagarafalls.zoom.us/j/87286171843?pwd=VW1ydDdEMmtjaHJGU0pJN1U4VGIwUT09 Meeting ID: 872 8617 1843 Passcode: 072222 One tap mobile 16475580588,,87286171843#,,,,*072222# Canada 16473744685,,87286171843#,,,,*072222# Canada Dial by your location 1 647 558 0588 Canada 1 647 374 4685 Canada 855 703 8985 Canada Toll-free 888 788 0099 US Toll-free 877 853 5247 US Toll-free Meeting ID: 872 8617 1843 Passcode: 072222 Find your local number: https://niagarafalls.zoom.us/u/kefsBM9Jhs Julie Hannah, MES, MA, MCIP, RPP | Planner 2 | Planning, Building and Development | City of Niagara Falls 4310 Queen Street | Niagara Falls, ON L2E 6X5 | (905) 356-7521 ext 4107 | Fax 905-356-2354 | jhannah@niagarafalls.ca From: Anne Yagi Sent: January 7, 2022 1:21 PM To: Julie Hannah <jhannah@niagarafalls.ca> Cc: Sarah Ward Subject: Request to Participate in Oral Submission at Public Meeting Jan 10th: Oaklands GC re-development Hello Julie Please find attached our peer review letter with ecological recommendations to the City of Niagara Falls regarding the proposed residential development at 8970 and Stanley Ave and lands south of Lyons Creek Rd, East of Stanley Ave (i.e., the former Oaklands GC and Trailer parklands). I request an opportunity to speak at the public meeting regarding this development project. I understand I am allowed questions and 5 minutes of speaking time. Let me know if you need anything further, Regards, Anne Yagi, M.Sc., EP, CERP President We are here to help! Page 255 of 990 3 All Citizen Scientists, try our newest mobile app “My field App” From your mobile phone go to https://qrco.de/bbRJJ5 OR Scan the QR Code This email is intended only for the person to whom it was originally addressed and contains the intellectual property of 8Trees Inc. Distribution of this information without the expressed written consent from 8Trees Inc. is forbidden Page 256 of 990 Page 257 of 990 Page 258 of 990 Page 259 of 990 Page 260 of 990 Page 261 of 990 Page 262 of 990 Page 263 of 990 Page 264 of 990 Page 265 of 990 Page 266 of 990 1 Julie Hannah From:Dan Long Sent:Sunday, January 9, 2022 11:57 AM To:Julie Hannah Subject:[EXTERNAL]-Proposed Development Greetings- First, apologies as to not knowing how to properly address this email. I don’t know if J. Hannah is Mr., Miss, Ms., Mrs. or other. This is in response to the proposed development on the former Oaklands Golf Course property on Stanley Ave. between Chippawa Creek and Lyons Creek Rd. I was forwarded the Notice of Application this morning and have a very specific concern about the proposal. I see that the proposal mentions an Environmental Assessment, as it should, being located along a major waterway. But I didn’t see any mention of an archaeological assessment. I know for a fact that most of this property is a prehistoric site, that due to the nature of its previous incarnation as a golf course would very likely have intact archaeological features and artifacts just below the ground’s surface. Having played the course many times over the years, this is quite obvious given the still remaining evidence of old plow furrows still visible on some of the fairways. It’s very evident that when originally leveled to produce the golf course, soil disturbance did not intrude below the plow zone, meaning there is likely a great amount of archaeological evidence to be found. Additionally, years of kayaking along this area and walking along the shoreline below the golf course has produced evidence eroding out of the river bank that shows evidence of Native occupation going back to at least 8,000 years ago. What is the plan to address this? Thank you. Dan Long CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 267 of 990 1/10/22, 9:42 AM Flood insurance could become 'luxury for the rich'; Updated mask guidance: CBC's Marketplace cheat sheet | CBC News https://www.cbc.ca/news/business/marketplace-cheat-sheet-1.6264140 1/9 Business ·MARKETPLACE Flood insurance could become 'luxury for the rich'; Updated mask guidance: CBC's Marketplace cheat sheet Consumer and health news you need from the week. CBC News · Posted: Nov 28, 2021 9:00 AM ET | Last Updated: November 28, 2021 Debris litters a road in the Sumas Prairie flood zone in Abbotsford, B.C., on Nov. 22. Concerned about if your home insurance would covered damages in the event of a flood like the one in B.C.? Marketplace's latest investigation will have you double checking your policy. (Ben Nelms/CBC) Search Sign In Please know that cookies are required to operate and enhance our services as well as for advertising purposes. We value your privacy. If you are not comfortable with us using this information, please review your settings before continuing your visit. Learn more Close Page 268 of 990 1/10/22, 9:42 AM Flood insurance could become 'luxury for the rich'; Updated mask guidance: CBC's Marketplace cheat sheet | CBC News https://www.cbc.ca/news/business/marketplace-cheat-sheet-1.6264140 2/9 Miss something this week? Don't panic. CBC's Marketplace rounds up the consumer and health news you need. Want this in your inbox?Get the Marketplace newsletter every Friday. Are you protected from flood risk? Many Canadians aren't If you've been paying close attention to the disastrous flooding devastating British Columbia this week, you've probably wondered what might happen to your own home in the event of a flood. Will it stay above water, and if not, will your home insurance cover the damages? Marketplace's latest investigation will have you double-checking your policy, especially once you hear what insurance expert Jason Thistlethwaite has to say. Insurability — or markets where insurance is available and affordable — is eroding in Canada," said Thistlethwaite, an associate professor at the School of Environment, Enterprise and Development at the University of Waterloo in Ontario. "Unless we make more effort to manage climate risk, insurance will become a luxury for the rich and unaffordable for most."Read more 1 month ago | Are you protected? Investigating home insurance 22:30 Please know that cookies are required to operate and enhance our services as well as for advertising purposes. We value your privacy. If you are not comfortable with us using this information, please review your settings before continuing your visit. Learn more Close Page 269 of 990 1/10/22, 9:42 AM Flood insurance could become 'luxury for the rich'; Updated mask guidance: CBC's Marketplace cheat sheet | CBC News https://www.cbc.ca/news/business/marketplace-cheat-sheet-1.6264140 3/9 Find out how to get the flood coverage you deserve from insurance companies. 22:30 Why it might be time to upgrade your non-medical mask Now that the cold weather has hit and people are moving inside, many doctors and scientists are urging Canadians not only to resist getting complacent about wearing masks to protect against COVID-19 — but also to take a closer look at whether cloth masks are keeping them and others as safe as possible. In general, while non-medical masks can help prevent the spread of COVID-19, medical masks and respirators provide better protection," the Public Health Agency of Canada (PHAC) said on its COVID-19 mask information webpage, which was recently updated. Earlier this year,Marketplace investigated N95-style masks and found that some of them were falling way short of filtration standards.Read more Please know that cookies are required to operate and enhance our services as well as for advertising purposes. We value your privacy. If you are not comfortable with us using this information, please review your settings before continuing your visit. Learn more Close Page 270 of 990 1/10/22, 9:42 AM Flood insurance could become 'luxury for the rich'; Updated mask guidance: CBC's Marketplace cheat sheet | CBC News https://www.cbc.ca/news/business/marketplace-cheat-sheet-1.6264140 4/9 Plexiglass barriers might make things worse Some health experts are urging establishments and institutions to re-think the use of Plexiglass as a measure against COVID-19, arguing the barriers can even be "counterproductive" because they could obstruct the ventilation needed to avoid spreading the more transmissible delta variant. Since the start of the pandemic, plastic barriers have become a common sight in places like stores and schools. But as the coronavirus has evolved, so has our knowledge of it. Now experts like Dr. Peter Juni, an epidemiologist at St. Michael's Hospital in Toronto and a member of the Ontario COVID-19 Science Advisory Table, want people to "throw out the Plexiglass" in most situations.Read more The Public Health Agency of Canada published new COVID-19 mask guidance earlier in November, with a shift toward recommending medical/surgical masks and respirators (such as N95 or KN95 masks) over cloth ones. (David Horemans/CBC) A grocery store worker and a customer are divided by a plastic barrier in Vancouver in April 2020. While experts say Plexiglass barriers may be an important tool in certain situations, they can also obstruct airflow, which is a problem for proper ventilation. 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That's because instead of attempting to resolve the complaints, the CTA has directed airlines to reconsider the passengers' request for compensation based on new guidance the agency has provided.Read more The federal Air Passenger Protection Regulations mandate that passengers receive up to $1,000 in compensation for flights that are delayed or cancelled for reasons within an airline's control. But since the rules took effect, a number of travellers say they were still denied compensation for reasons that were either inadequate or unfounded. (Evan Mitsui/CBC) Please know that cookies are required to operate and enhance our services as well as for advertising purposes. We value your privacy. If you are not comfortable with us using this information, please review your settings before continuing your visit. 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Learn more Close Page 276 of 990 1 Julie Hannah From:Glass By Deanna Sent:Sunday, January 9, 2022 9:46 PM To:Julie Hannah Subject:[EXTERNAL]-The proposed development of golf course meeting Jan 10/22 and around PSWs in general Dear J Hannah, I am a life long resident of Niagara Falls and the push for recent development near PSW wetlands is becoming a grave concern to me. I am speaking now about the project at Stanley and Lions Creek but my concern is broader than that one project. First off, I am not anti development. As long as the services and infrastructure are built at the same pace as the new housing I am good with it. I am fine with infill and higher density housing. That can lead to a dynamic interesting city. My issue is the pressure being put on the river systems and the unique habitats that will be disrupted or destroyed in the proposed development and developments in the area as a whole. I have lived in Chippawa and the Falls all my life. I am seeing things that are concerning in the river level. I know the Hydro controls the levels to feed the power station the river should be lower because of the need for more power as it is winter and the new tunnel is on line. I look at the high water marks on the break wall and they are at spring time highs and it is January. It is not just the river, the ground is saturated and there have been puddles like those in the spring since October. This kind of water is not anything that could be described as normal. Not over my 60 years here nor my Father’s 90. Climate Change is real and the weather across Canada and the world in recent years should cause people planning building areas need to be cautious. Niagara, Chippawa and Willoughby have a very large network of Provincially Sensitive Wetlands and the plan being considered is in that network. Wetlands are unattractive but they serve a vital purpose by acting like a sponge in the wet weather, stopping overland flooding, and holding moisture for life to use during the dry times. Wetlands are also natural filters of the water that passes through them. Any change that makes the mandatory buffers around the Wetlands smaller is unacceptable. Honestly I think all projects near rivers and wetlands should be delayed until a new survey of what the buffers should be now with the climate crisis in mind. The hundred year flood plain maps that have been relied on in the past are no longer accurate in light of the climate emergency. Here is a link to a CBC Marketplace segment that gives some small insight into the problem. https://www.cbc.ca/news/business/marketplace-cheat-sheet-1.6264140 The fact “the insurance industry in Canada predicts 1 in 10 homes in Canada will be flooded” should make our council pay attention. Building where you knowingly put people in jeopardy is just not cool. If new studies are not planned, the insurance industry might share that data with you. Fort Erie is upriver from us and the amount of water permitted to flow to Lake Ontario is limited because just a few years ago Toronto Island and Ward Island were in danger of extreme flooding. This November there was a NOA alert that a weather phenomenon if it hit maximum impact had the potential to do damage up to a mile inland around the Niagara River and in Fort Erie proper. Chippawa and Williyghby are vulnerable now and the PSWs need to be at least left alone if not widened where possible.We need as many sponges (PSWs) on the ground around us as possible! The decisions being made will affect home owners for generations. Knowingly allowing variances that are counter to this possibly new information would be irresponsible. I would think a homeowner caught by those decisions would hold the people in charge of such authorization accountable. Southern Ontario is a low spot with an incredibly complex ecosystem around water catchment and Niagara has a large number of PSWs in it jurisdiction. That is why I am emphasizing they be seen as a whole, and not just as individual projects. The more we cover them over the less protection they give us. If that limits building, I think that is better than the alternative. After 3 floods they denied the lady in Ft Erie flood insurance. What Page 277 of 990 2 happens to the building industry here when what they put up is destroyed? Will they be held liable for building on low land? Will the city be liable for authorizing it? How many times will they be paid to rebuild? Who gets left with the mess left by the person who can not get insurance and does not have the $20,000-$80,000 in the bank for repairs? In my opinion these questions are better addressed now than all parties involved be very unhappy later. Thank you for your consideration Deanna Bell CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 278 of 990 1 Julie Hannah From:Jill Hotmail Sent:Sunday, January 9, 2022 2:03 PM To:Julie Hannah Subject:[EXTERNAL]-Oppose rezoning Of oaklands We oppose the rezoning and development proposed for the Oakland area in Chippawa! Environmental Concerns This application does not adhere to the Open Space Land use policies outlined in the Official Plan for the City of Niagara Falls. The Official plan is very clear that open spaces should be preserved. City Council should not allow amendments to this plan for applications like this that do not provide clear justification and evidence that a change is absolutely necessary and will benefit the community (See Appendix A: Official Plan for the City of Niagara Falls Open Spaces policies) The proposal chops up the conservation green space along the river and creek into separate smaller parcels that are much smaller/narrower than they appear on the zoning map. This lack of contiguous greenspace means wildlife movement will be impeded, and the area will no longer form a functioning ecosystem that can support biodiversity. The open space conservation area in the eastern corner will be paved over The identified wetlands in the area zoned industrial near Lyons Creek will be destroyed. There are no plans for a north-south wildlife corridor so that species are able to move freely between the river and the creek making the development a killing ground for wildlife. There appears to be completely inadequate buffering of the built-up area of the development from the conserved green space in the plan, with backyards butting up against what is left of the conservation areas especially on the north and west. There is no indication about whether the proposal recognizes floodplains. The development, especially on the Welland River side, seems very close to the river. The plan mentions trails, but where will they go? If they are to be put through the already diminished natural areas they will simply further degrade them and destroy their remaining ecological function. The Environmental Impact Statement (EIS) for this application submitted by the developer was found to be incomplete according to an independent peer review. NPCA considers the current state of the land as a control measure in their flooding plans. What are the safeguards for protecting this development with the intensive flooding in the area from climate change? Has there been any soil testing for radiation, radon, metals, ammonium nitrate and other minerals? This area is home to many species that have been designated threatened or endangered. This plan not only fails to protect them, it puts them at increased risk. (Below is a small sample. This list is not comprehensive) Threatened Species Endangered Species American water-willow Eastern Flowering Dogwood Woodthrush Eastern Pondmussel Eastern Meadowlark Lake Chubsucker Bobolink Northern Bobwhite Page 279 of 990 2 Blanding Turtle Fowler’s Toad Pink Milkwort Round Hickorynut Jillian and Tyler Dallman Chippawa residents. Sent from my iPhone CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 280 of 990 To: clerk@niagarafalls.ca Attn: Mayor and all Councillor Director of Planning, Building And Development Please consider my very serious concerns regarding this development at Lyons Creek and Waldorf Park. I totally disapprove of the rezoning that will have a catastrophic environmental impact on this entire area. THESE ARE MOST SPECIFIC CONCERNS however there are many more than this list. The proposal chops up the conservation green spaces along the river and creek into smaller parcels that appear much smaller/narrower than they are on the zoning map and that they are no longer contiguous so wildlife movement will be impeded and the area will no longer be able to support a “functioning ecology that can support biodiversity” Critical to CLIMATE Page 281 of 990 CHANGE. PLEASE THIS IS THE 21ST CENTURY PLANNING is not business as usual!!!! Open space conservation area in the eastern corner will be PAVED OVER. TOTAL ASSAULT ON WHAT IS LEFT TO OUR GREEN SPACES!! Unacceptable planning! The “IDENTIFIED WETLANDS” in the area zoned industrial near Lyons Creek WILL BE DESTOYED. UNACCEPTABLE PLANNING! Plan doesn’t include for a north/south wildlife corridor so wildlife/species are able to move freely between the river and creek….SO IMPORTANT!!!!! OTHERWISE this area will be a KILLING GROUND FOR WILDLIFE. The plan has “completely inadequate buffering”…HOW CAN THIS EVEN GET ON THE TABLE FOR CONSIDERATION THESE DAYS…MIND-BOGGLING!! TIME TO BE ON THE SIDE OF TAXPAYORS, NOT DEVELOPERS. Page 282 of 990 No indication that the proposal recognizes floodplain. NPCA considers the current state of the land as a control measure in their flood plans ….seriously this is climate change mitigation being overlooked …this is contrary to Both Niagara Region And Niagara Falls CLIMATE CHANGE PLANS IN PLACE..are you just going to ignore your OWN REGULATIONS !! The entire development is far too close to the River AND WILL DESTROY THE BEAUTY of this PRECIOUS NATURAL LANDSCAPE. Unforgivable!! Where specifically will the trails go? Will they further destroy/degrade remaining areas and their “remaining ecological function”. Has there been an Environmental Assessment Completed and where can that be found? Page 283 of 990 Has there been an assessment for species at risk in the entire area? What are the safeguards for protecting this development with the intensive flooding in this area. Why is the city rezoning this area? We, citizens, will longer accept planning that is not totally in consideration of the up to date in environmental protection and conservation protection. We expect our city officials to be educated and aware of PLANNING THAT KEEPS OUR COMMMUNITIES” environmentally healthy communities…. this intense SPRAWL EXTREMELY DETERIORATES ONE OF THE LAST EXISTING ECOLOGICAL SYSTEMS in our City it cannot be taken for granted,it is worth more than $$$$$. It is our “moral obligation” to ourselves and our children, grandchildren. This is not business as usual any longer and WELL Page 284 of 990 OVERDUE in our entire region to stop ASSAULTING our “most precious” ASSETS….PLEASE SUPPORT our Natural Heritage,Natural Watersheds and wildlife it’s our survival and you will rewarded by future generations for making right choices, not shortsighted ones. We really need to think CLIMATE CHANGE. THANK YOU FOR YOUR TIME Judy Doerr Page 285 of 990 Page 286 of 990 1 Julie Hannah From:Susannah Hicks Sent:Sunday, January 9, 2022 9:32 PM To:Julie Hannah Cc:Clerk Subject:[EXTERNAL]-Redevelopment of Oaklands Golf Course and adjacent land: Official Plan Amendment Application- City File: AM-2021-016 Dear City of Niagara Falls Planning, Building & Development Department, I am concerned about this redevelopment because of environmental concerns. I am aware that this plan does not adhere to the Open Space Land use policies. Why should this redevelopment be exempt from these policies? This land should be preserved. I don't believe this redevelopment is necessary and would benefit the community. What about all the species that live on this land. Many of them are endangered. It's important to me that they are protected. Can you tell me how these species will be protected? How do we know that this redevelopment will be sustainable? It does not offer much confidence that the Environmental Impact Statement (EIS) for this application submitted by the developer was incomplete according to an independent peer review. I want these concerns to be addressed directly by the Planning Department at the open house. This application should not be approved because there is not proper data to support this redevelopment. It is important to me that sustainability is top priority when it comes to approving redevelopment in Niagara Falls. Sincerely, Susannah Hicks Niagara Residence CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 287 of 990 1 Julie Hannah From:Rachel Symington Sent:Monday, January 10, 2022 10:34 AM To:Julie Hannah; clerk@niafarafalls.ca; Lori Lococo; Carolynn Ioannoni Cc: Subject:[EXTERNAL]-Opposition to AM-2021-016 Attachments:Opposition to AM-2021-016.pdf Good Morning, I am writing to state my opposition to proposed amendment application AM-2021-016. Attached you will find a pdf version of this letter should that be easier to read. My name is Rachel Symington. I was born and raised in Chippawa and am presently in the process of returning to my childhood home with my husband and 2 children. After living in Chilliwack, BC for the past 13 years, we are leaving as the effects of climate change on the west coast cannot be ignored. I am an engineer and I work in storm and flood water management. There are many harsh realities that British Columbians are presently facing and many lessons to be shared with municipalities across the country. The time is NOW to ensure that we create sustainable, livable communities that reduce our susceptibility to global events. 1/ Established urban tree canopy must be maintained at a minimum of 30% canopy cover to provide for a connected system that supports biodiversity. It is imperative that the trees on this land NOT be clear cut. Most notably, the tree canopy along the Welland River on the north side of the development. I spent time with my family in this forested area last weekend. The snow provided opportunities for us to see many wildlife tracks, scat and birds, including an Easter Bluebird, a recovering species in the Niagara Region that I built birdhouses for as a Girl Guide. By not providing and maintaining contiguous greenspace throughout the development and the surrounding communities; wildlife movement is impeded, and the area will no longer form a functioning ecosystem that can support biodiversity. The wildlife tracks observed in the snow clearly indicated species migrating north and south along the property, likely to access water from the Welland River. Should development proceed in this area, wildlife crossing corridors will become increasingly more important. 2/ The park space indicated on the development plan straddles Stanley Ave. This an unsafe and unpleasant area encourage families and community members to congregate. I walked the site with my family and this park space” is currently the only paved areas onsite. The park space provided for on the west site of Stanley is currently an old parking lot while the campground is otherwise wild. The park space provided for on the east side of Stanley is currently a parking lot for a church (former golf club house) while the remaining area is wild green space. It seems counterinitiative to convert parking lots into park space when there are acres of available green space to enjoy in a more pleasant and safe way. 3/ The native and naturalized trees on this property help reduce the volume of rainwater runoff in our community and play an important role in urban stormwater management planning. As there are already drainage issues throughout Chippawa, these trees must remain to continue providing these important functions. These native trees intercept as much as 60% of the falling rain and hold a portion of it on the leaves and bark. Part of this intercepted water will evaporate, and part will be gradually released into the soil Page 288 of 990 2 below. The organic matter surrounding trees help water to percolate into the soil recharging groundwater rather than rushing off carrying with it oil, metal particles and other pollutants. Below ground, roots hold the soil in place and absorb water that will eventually be released into the atmosphere by transpiration. 4/ A full geotechnical assessment including soil quality, water quality and site hydrology is imperative to understand that type of development can be supported in this area. Impervious surfaces including those from building foundations, road and driveways have negative impacts on environmental and human health. When it rains, stormwater goes directly from parking lots and roads into waterways. This water is largely unfiltered which means it is full of chemicals and garbage from impervious surfaces that end up directly into our ecosystem. Pollutants in stormwater runoff include Hydrocarbons (oil, grease, gasoline), Polycyclic Aromatic Hydrocarbons (PAHs), Metals (Pb, Cu, Zn, Cd, Cr), Sediment, Nutrients, Chloride, Bacteria, Trash and other debris. Stormwater must be allowed to filter, either naturally or through engineered solutions to remove toxins before they end up into our ecosystem, and eventually eaten by us as these toxins work their way up the food chain. It is imperative that existing soil quality be assessed and understood. Throughout the years, many industries, including the Oneida (across the Welland River from this proposal), have both leeched and dumped toxic chemicals in this region. Any excavation at this site could unearth and erode these chemicals into the air and surrounding waterways. 5/ In 1996, Richard Horner and Chris May published this seminal paper that synthesized a decade of Puget Sound research to identify and rank the four factors that degrade urban waterways and negatively influence aquatic productivity and fish survival. This research made it clear that stormwater management was as much or more about land use decisions as engineering solutions. The four factors are: Changes in Hydrology – Greater volume and rate of surface runoff caused by increased impervious area and densification of the road network. Disturbance and/or Loss of Integrity of the Riparian Corridor – Clearing and removal of natural vegetation in riparian (streamside) areas. Degradation and/or Loss of Aquatic Habitat within the Waterway – Caused by erosion and sedimentation processes, bank hardening, and removal of large organic debris; aquatic habitat degradation is a direct result of changes in hydrology. Deterioration of Water Quality – Increased sediment load due to more runoff volume causing channel erosion. Pollutant wash-off from land uses, deliberate waste discharges and accidental spills. All of the above must be considered when reviewing any development proposal. 6/ The proposed amendment does not adhere to the Open Space Land use policies outlined in the Offic ial Plan for the City of Niagara Falls. The Official plan is clear that open spaces should be preserved. City Council should not allow amendments to this plan for the proposed application unless the developer provides clear justification and evidence that a change is necessary and will benefit the community. There are municipalities in Canada working to protect land formerly used as golf course by including them as part of their agricultural reserve. This would be an idea worth exploring in interest of improving local food security. The development proposal includes 679 detached dwellings and a total of 1,344 residential units. The purple” residential homes (50’) on the north side of the property along the Welland River must NOT be Page 289 of 990 3 considered as part of this proposal. Building these homes removes habitat and necessary ecological and hydrological function throughout the area. The many cattail ponds at the site should be considered for preservation and integration into the plan. The extensive vegetative growth network of cattails is good for filtering heavy runoff. The base of the cattails catch debris and filter excess nutrients which would otherwise end up in the pond; fueling the out of control growth of algae. The rhizomes of the cattails are good for stabilizing soil. They can help minimize bank erosion and can slow down heavy storm-water velocities and reduce the risk of erosion. Cattails provide nesting and breeding habitat for a variety of desirable wildlife, most notably red-winged blackbirds and migratory ducks. I appreciated your time and welcome the opportunity to discuss these issues. Thank you for addressing these serious concerns. Respectfully, CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 290 of 990 1 Julie Hannah From:Jocelyne Griffin Sent:Monday, January 10, 2022 7:53 AM To:Julie Hannah Subject:Re : Official Plan Amendment Application-City File: AM-2021-016 Redevelopment of Oaklands Golf Course and adjacent lands Dear City of Niagara Falls Planning, Building & Development Department, Our names are Jerry and Jocelyne Griffin. We reside at for over 50 years. We are concerned about the extinction of wildlife and endangered species on Lyons Creek and the Welland River. Also, another concern of ours is the increase volume of traffic on Stanley already present at the Lyons Creek bridge due to the new subdivisions off Willick and Sodom Rd. Recently the transportation department monitored the volume of vehicles going over Lyons Creek Bridge on Stanley Ave. and the results were over1000 cars daily. Due to the high volume of vehicles already, what are your plans to slow traffic and ensure the safety for the families that like to fish off the bridge? Lastly, we have already lost green space, from 30% to 17%, we cannot afford to lose more as it will affect the eco system and our environment. "WILD LIFE MATTERS!" In summary we feel that there is not adequate information to address the increase traffic flow going forward on Lyons Creek and Stanley Ave. We want the planning department to vote against this proposal. Kind regards, Jocelyne & Jerry Griffin Page 291 of 990 2 Get Outlook for Android Page 292 of 990 1 Julie Hannah From:Katie Berger Sent:Monday, January 10, 2022 3:14 AM To:Julie Hannah Cc:Clerk Subject:Submission re: Redevelopment of Oaklands Golf Course and adjacent land: Official Plan Amendment Application- City File: AM-2021-016 Dear Alex Herlovitch & City of Niagara Falls Planning, Building & Development Department, My name is Katie Berger. I grew up in Chippawa, and have lived here for much of my adult life. I hold a Masters degree in Environmental Studies from York University with a specialization in sustainable food systems. I am writing today to express my concerns about this redevelopment application as a local resident who is very familiar with the land in question, and as a person who has spent more than a decade studying and working towards sustainable development from an ecological, economic and social perspective. There are myriad reasons why this application should not be approved in its current form. Failings of this proposal include inadequate infrastructure and services, exacerbating the affordable housing crisis, and potentially devastating ecological impacts. For brevity, in this submission I have chosen to focus on the consequences that this redevelopment would have for the natural environment The Official Plan for the City of Niagara Falls states that designated open spaces should be preserved whenever possible. It specifies that amendments should be considered only if there is no reasonable alternative, and if there is a clearly demonstrated benefit to the community. Neither of these criteria are met by this application. On the contrary, superior alternatives are being offered by experts in the field as well as local advocates, and this redevelopment proposal holds absolutely no value for the surrounding community. The land in question being privately owned, I understand that it is not necessarily designated as open space permanently. However, the Official Plan states that in cases such as this "due consideration shall be given by Council to the most desirable use". In a time of unprecedented climate change caused by irresponsible human development", I cannot imagine what possible justification Council could have for deeming a high density residential and commercial the most desirable use for a site that encompasses two ecologically sensitive areas. Provincially significant wetlands, threatened and endangered species, and rare fully grown coniferous trees are just a few of the natural heritage features that a responsible redevelopment plan would not interfere with. The current proposal does not meet the City's own criteria, nor the Regional targets for environmental health and sustainability. The Environmental Impact Study conducted for this application is insufficient and no analysis of the cumulative impacts on ecological features and functions has been conducted. Much more information, and unbiased data analysis is imperative before Council can even consider this application. Residents expect our Planning Department and City Council to not only meet minimum required standards, but to find the courage to be leaders in sustainable development. Rather than allowing irreversible damage in order to maximize profits for a small number of wealthy people, we implore you to ensure that future generations do not suffer unnecessarily from ecological collapse perpetuated by the very people we have entrusted and empowered to make decisions on our behalf. Page 293 of 990 2 I look forward to hearing your response to these concerns at the open house today. Many of my family, friends and neighbours will be present, and together we are determined to ensure that any redevelopment that takes place in our community prioritizes the long term health of the land, water, animals and people that call this unique and wonderful place home. Sincerely, Katie Berger Page 294 of 990 1 Julie Hannah From:Kevin Jacobi Sent:Monday, January 10, 2022 9:24 AM To:Julie Hannah Subject:RE: [EXTERNAL]-Notification List for Niagara South and Chippawa Region Thanks Julie, I have also reached out to Angela in the ED office. We had a meeting about the importance of the lands along Stanley/Lyons Creek being business park friendly. I am very concerned about the proposed zoning change to residential housing. All the best, Kevin Jacobi From: Julie Hannah <jhannah@niagarafalls.ca> Sent: January 10, 2022 9:13 AM To: Kevin Jacobi Subject: RE: [EXTERNAL]-Notification List for Niagara South and Chippawa Region Good morning Kevin, Thank you for your request. I have put it in the file so you will be added to the mailing list. Regards, Julie Julie Hannah, MES, MA, MCIP, RPP | Planner 2 | Planning, Building, and Development | City of Niagara Falls 4310 Queen Street | Niagara Falls, ON L2E 6X5 | (905) 356-7521 ext 4107 | Fax 905-356-2354 | jhannah@niagarafalls.ca From: Kevin Jacobi Sent: Monday, January 10, 2022 8:34 AM To: Julie Hannah <jhannah@niagarafalls.ca> Subject: [EXTERNAL]-Notification List for Niagara South and Chippawa Region Hello Julie Hannah, Would you be so kind as to add me to the notification list for any developments, proposals, surveys, reports, etc. concerning the Niagara South and Chippawa Region? Thank you for keeping me abreast with the latest information from the City of Niagara Falls. Page 295 of 990 2 Sincerely Kevin Jacobi CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 296 of 990 Director of Planning, Building & Development, City Hall, 4310 Queen Street, Niagara Falls, Ontario, L2E 6X5 Attn: Julie Hannah Cc’d to Mayor and Councilors Re. Official Plan Amendment Application- City File: AM-2021-016 Redevelopment of Oaklands Golf Course and adjacent lands Dear Cara Lampman, Alex Herlovitch & the Planning, Building and Development Department, Livable Chippawa is a community group which seeks to unite and amplify the voices of residents advocating for sustainable development, socially conscious neighborhoods, and a biodiverse environment. We have reviewed residents' concerns and consulted with experts to identify the shortcomings of this application, and offer developmental solutions in the best interest of residents today and future generations. We encourage developers and the City to support achievable targets and recognize this is not anti-development but rather pro-sustainable development. We are here to share knowledge and help provide solutions. The following is an extensive -though not exhaustive- list of concerns voiced by residents and local experts. This application does not adhere to the Open Space Land use policies outlined in the Official Plan for the City of Niagara Falls. The Official plan is clear that open spaces should be preserved. Even in cases of private ownership Council should not allow amendments to this plan for applications like this that do not provide clear justification and evidence that a change is absolutely necessary and will benefit the community The proposal chops up the conservation green space along the river and creek into separate smaller parcels that are much smaller/narrower than they appear on the zoning map. This lack of contiguous greenspace means wildlife movement will be impeded, and the area will no longer form a functioning ecosystem that can support biodiversity. The open space conservation area in the eastern corner will be paved over The identified wetlands in the area zoned industrial near Lyons Creek will be destroyed. There are no plans for a north-south wildlife corridor so that species are able to move freely between the river and the creek making the development a killing ground for wildlife. There appears to be completely inadequate buffering of the built-up area of the development from the conserved green space in the plan, with backyards butting up against what is left of the conservation areas especially on the north and west. There is no indication about whether the proposal recognizes floodplains. The development, especially on the Welland River side, seems very close to the river. The plan mentions trails, but where will they go? If they are to be put through the already diminished natural areas they will simply further degrade them and destroy their remaining ecological function. The Environmental Impact Statement (EIS) for this application submitted by the developer was found to be incomplete according to an independent peer review. NPCA considers the current state of the land as a control measure in their flooding plans. What are the safeguards for protecting this development with the intensive flooding in the area from climate change? Page 297 of 990 Has there been any soil testing for radiation, radon, metals, ammonium nitrate and other minerals? This area is home to many species that have been designated threatened or endangered. This plan not only fails to protect them, it puts them at increased risk. (Below is a small sample. This list is not comprehensive) Threatened Species Endangered Species American water-willow Eastern Flowering Dogwood Woodthrush Eastern Pondmussel Eastern Meadowlark Lake Chubsucker Bobolink Northern Bobwhite Blanding’s Turtle Fowler’s Toad Pink Milkwort Round Hickorynut Black Ash Zoning Concerns The land is currently not zoned for residential. The development proposes to destroy the land zoned Conservation Open Space at right. The plan will destroy the Environmental Conservation Area where the large blue area is. The plan does not protect a contiguous greenspace. It cuts it into pieces. The plan does not provide a wildlife corridor between the Welland Canal and Lyons Creek This land is largely zoned industrial, tourist commercial and Environmental Conservation. Why would the City consider giving up potential employment lands for residential use? How do we know that this former industrial land is safe for residents? What kind of industry was previously on this site? Has there been a study of this land to identify potential contaminants? Does this area need remediation to make it safe for residential development? Infrastructure and Servicing Concerns The proposal represents intensive land use. Does the city have the adequate services in place in terms of water/wastewater, schools, transportation etc? Has the proposed growth in this area been taken into consideration given the Municipal Comprehensive Review that is being undertaken as part of the Region’s Official Plan update? How is the city proposing to support the population growth in Chippawa with few local schools and their limited capacities? The two new intersections on Lyons Creek Road will add to the daily congestion. What are the plans to reduce the speed of traffic and increase the ability to make left hand turns? Are there plans to add a roundabout to the intersection at Stanley Ave and Lyons Creek Rd? Has limiting the access to development only from Stanley Ave been considered as a means to control traffic flow? Considering Lyons Creek is a single lane traffic, how is the Municipality going to avoid the congestion when vehicles are merging or turning into oncoming traffic? Page 298 of 990 The proposed location for the commercial plot is in the middle of a busy intersection. Why not relocate it closer to the Welland River along Stanley Ave? Are there any plans for returning the buses to the region, since their departure to service the Walmart? ALTERNATIVE PROPOSAL Council should consider an alternative sustainable redevelopment of this area including: Revegetate areas between Lyons Creek Rd and Lyons Creek Add at least three semi terrestrial turtle corridors from under Lyons Creek Rd connecting across to Welland River Increase buffer distance and restore natural vegetation along ecologically sensitive areas Welland River and Lyons Creek) Maintain Open Space zoning Use dry stormwater ponds and enhanced grass swales to mitigate storm water Thank you for your attention. We look forward to your support and embrace working together to leave a legacy of true wealth for many generations to come. Sincerely, Livable Chippawa Page 299 of 990 Page 300 of 990 Page 301 of 990 Page 302 of 990 Page 303 of 990 Page 304 of 990 Page 305 of 990 Page 306 of 990 Page 307 of 990 Page 308 of 990 Page 309 of 990 1 Julie Hannah From:Fiona Tunmer Sent:Monday, January 10, 2022 1:16 PM To:Julie Hannah; Clerk Subject:[EXTERNAL]-Open House Oakland Golf Course Attachments:Written Submission by Livable Chippawa.pdf; Public OPen House Jan 10 2022.pdf Hello Julie Hannah, Please include these written attached submissions for the Open House 6880 Stanley Ave. Written Submission of Concerns by Livable Chippawa a citizen group Pro Bono Peer Review - Oaklands EIS Prepared by Anne Yagi, M.Sc., EP, CERP President of 8Trees Inc. Sincerely, Livable Chippawa CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 310 of 990 Hi there, I am Marie Nobes and I have been a Niagara Realtor for over 30 years. I also live on Lyons Creek. First let me say that it is not that we object to Responsible Development, what we do object to is Irresponsible Urban Sprawl and the killing of our Conservation Open Space, and ecosystem areas for profit. There has to be a way that both can exist responsibly. I do want to point out that you guys are not off to a great start with your potential new neighbours. Only a few people sporadically on my street received the letter and the proposal was not even posted to the City of Niagara Falls Website until January 3rd leaving all of us to scramble this last week. Also, we are talking about two completely different pieces of property, one presently zoned industrial and one presently zoned Conservation Open Space. As per your Environmental impact report, To say that there are significant woodlands and significant provincial wetlands and potential habitat for threatened species etc (btw it is not potential…there are threatened species living and breeding here..I have seen them with my own eyes) yet to say that the development will have no significant impact on these areas is irresponsible and some might say very greedy on the developers part to trade an ecosystem for profit. Much of the world has realized that our planet is in big trouble with climate change and the extinction of wildlife and yet you are trying to destroy a piece of land that is clearly part of an important ecosystem AND that zoned Conservation Open Space. Please do your part and let this land go and be what it is intended to be….for nature…for our planet…for us, our children and their children…so we can all continue to exist..and not go extinct. The fact that the region put up a Turtle Crossing sign shows that the turtles are be in danger of getting run over and killed with all of the added traffic. With 1344 new homes going in and the average house has 2 cars, that means that an additional 2688 cars will be on the roads each and every day. We the residents of Lyons Creek quite often are picking up the turtles and carrying them to the other side of Lyons Creek Road so they won’t get run over by a car. Imagine another 2688 added cars each day. Animals that I see on a regular basis include the blue heron, egrets, frogs, toads, beavers, ducks, geese, snakes, turtles only to mention a few. I also see what I call the bat show every dusk and every dawn in the summer through my big window. The bats are indeed “roosting” in our Page 311 of 990 trees. Your environmental report says there was no evidence that they were roosting….this gives me reason to doubt this is a complete and accurate report. Ask any of the many kayakers and canoers that quietly enjoy our creek. How can you say that nature and the ecosystem will be able to live unaffected with all of this pavement, people, cars, noise, pollution, garbage etc. To even make a nature trail or park, let alone build houses, let alone townhouses, let alone a highrise condo building, will destroy it. Not to mention the noise, the parking lots and the pavement, that go along with all of those things. How can you say if will not affect this ecosystem. This parcel of land needs to be left alone completely so that the ecosystem can survive without humans killing it. It is one of our few Conservation Areas left. You know what will not affect this ecosystem? It remaining an untouched ecosystem and building elsewhere. Once the ecosystem is gone…it will be gone forever and there is NO getting it back. Please let it survive… Please stop this..if not for you, for your children’s children. This is just not right . It is actually almost criminal. Please leave the Conservation Open Space are alone and please have your infrastructure for the rest of it in place BEFORE you start anything. Thank you for listening. Page 312 of 990 1 Julie Hannah From:Mary Ellen Morse Sent:Monday, January 10, 2022 8:31 AM To:Julie Hannah Cc:Clerk Subject:[EXTERNAL]-Redevelopment of Oaklands Golf Course and adjacent lands Dear City of Niagara Falls Planning, Building & Development Department My name is Mary Ellen Morse and I live on Front Street. I was born and raised in this lovely town. This application does on comply according to the policies contained in the Official Plan for the city of Niagara Falls with regard to the Open Space Land use. The Official plan is very clear that open spaces should be preserved. City Council should not allow amendments to this plan for applications like this that do not provide clear justification and evidence that a change is absolutely necessary and will benefit the community. There is not adequate information or proper data analysis to support this redevelopment and therefore this application should not be approved until all studies and information should be provided. Please for the future inhabitants of our land make sustainability to be the top priority when considering approving redevelopment in this area and all of Niagara Falls. Thank you for taking into account the wildlife, foliage and our beloved water in danger if this redevelopment goes ahead without consideration. Mary Ellen Morse CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 313 of 990 1 Julie Hannah From:Nancy Lelievre Sent:Monday, January 10, 2022 11:56 AM To:Julie Hannah Subject:[EXTERNAL]-Comment and Questions about Amendment Application - City File: AM-2021-016 for Open House 5pm January 10, 2022 Ms. Hannah, We reside at across the creek from what is identified as “Property 3” of the South Niagara Falls Development Plan. “Property 3” is that portion of the development south of Lyon’s Creek Road. We understand the applicant is seeking to change the Official Plan designation of this parcel from “Open Space” to “Residential”. We further understand that the Official Plan does not distinguish between residential densities and that the applicant will be seeking to establish the residential density through a subsequent zoning by-law amendment and site plan approval process. However, the applicant through this amendment process is indicating the intent is to develop Property 3 for a 100 unit low/med multi residential development on 3.63ha of land. Unfortunately, there is no detail to allow anyone to assess what the impact will actually be. The plans do not show any building massing, driveways, parking areas, building heights, etc. Based on this lack of information, we are puzzled by the Planning Justification report dated July 2021 by Upper Canada Consultants referencing the Environmental Impact Statement by Colville Consulting concluding: “The proposed development will have no impact on the wetland, fish habitat, or significant wildlife habitat or significant impact on significant woodlands”. For example, the development on the north side of Lyon’s Creek road has storm water management facilities to control the quantity and quality of discharge into the Welland River or Lyons Creek. There is no similar facility for Property 3. We have the following questions: Is it possible to have a proposed site plan prepared showing the multi-residential development showing the location of the buildings, distance between buildings, distance of building from creek, driveway and parking areas, landscaped area, ingress and egress, storm water management, etc. ? Is the Property 3 size of 3.63 ha net of the environmental protection area? Why was there no Phase 1 Environmental Site Assessment completed for Property 3? Who will own the 30 metre environmental protection buffer along Lyon’s Creek? Page 314 of 990 2 Why is the additional 3 metre buffer proposed by the Terra Dynamics report not added to the 30 metre EP buffer? There is a significant slope down towards Lyons’s Creek. How will the development address that? Thank you for the opportunity to comment. John and Nancy Lelievre CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 315 of 990 Good Morning, I am writing to state my opposition to proposed amendment application AM-2021-016. My name is Rachel Symington. I was born and raised in Chippawa and am presently in the process of returning to my childhood home with my husband and 2 children. After living in Chilliwack, BC for the past 13 years, we are leaving as the effects of climate change on the west coast cannot be ignored. I am an engineer and I work in storm and flood water management. There are many harsh realities that British Columbians are presently facing and many lessons to be shared with municipalities across the country. The time is NOW to ensure that we create sustainable, livable communities that reduce our susceptibility to global events. 1/ Established urban tree canopy must be maintained at a minimum of 30% canopy cover to provide for a connected system that supports biodiversity. It is imperative that the trees on this land NOT be clear cut. Most notably, the tree canopy along the Welland River on the north side of the development. I spent time with my family in this forested area last weekend. The snow provided opportunities for us to see many wildlife tracks, scat and birds, including an Easter Bluebird, a recovering species in the Niagara Region that I built birdhouses for as a Girl Guide. By not providing and maintaining contiguous greenspace throughout the development and the surrounding communities; wildlife movement is impeded, and the area will no longer form a functioning ecosystem that can support biodiversity. The wildlife tracks observed in the snow clearly indicated species migrating north and south along the property, likely to access water from the Welland River. Should development proceed in this area, wildlife crossing corridors will become increasingly more important. 2/ The park space indicated on the development plan straddles Stanley Ave. This an unsafe and unpleasant area encourage families and community members to congregate. I walked the site with my family and this “park space” is currently the only paved areas onsite. The park space provided for on the west site of Stanley is currently an old parking lot while the campground is otherwise wild. The park space provided for on the east side of Stanley is currently a parking lot for a church (former golf club house) while the remaining area is wild green space. It seems counterinitiative to convert parking lots into park space when there are acres of available green space to enjoy in a more pleasant and safe way. 3/ The native and naturalized trees on this property help reduce the volume of rainwater runoff in our community and play an important role in urban stormwater management planning. As there are already drainage issues throughout Chippawa, these trees must remain to continue providing these important functions. These native trees intercept as much as 60% of the falling rain and hold a portion of it on the leaves and bark. Part of this intercepted water will evaporate, and part will be gradually released into the soil below. The organic matter surrounding trees help water to percolate into the soil recharging groundwater rather than rushing off carrying with it oil, metal particles and other pollutants. Below ground, roots hold Page 316 of 990 the soil in place and absorb water that will eventually be released into the atmosphere by transpiration. 4/ A full geotechnical assessment including soil quality, water quality and site hydrology is imperative to understand that type of development can be supported in this area. Impervious surfaces including those from building foundations, road and driveways have negative impacts on environmental and human health. When it rains, stormwater goes directly from parking lots and roads into waterways. This water is largely unfiltered which means it is full of chemicals and garbage from impervious surfaces that end up directly into our ecosystem. Pollutants in stormwater runoff include Hydrocarbons (oil, grease, gasoline), Polycyclic Aromatic Hydrocarbons (PAHs), Metals (Pb, Cu, Zn, Cd, Cr), Sediment, Nutrients, Chloride, Bacteria, Trash and other debris. Stormwater must be allowed to filter, either naturally or through engineered solutions to remove toxins before they end up into our ecosystem, and eventually eaten by us as these toxins work their way up the food chain. It is imperative that existing soil quality be assessed and understood. Throughout the years, many industries, including the Oneida (across the Welland River from this proposal), have both leeched and dumped toxic chemicals in this region. Any excavation at this site could unearth and erode these chemicals into the air and surrounding waterways. 5/ In 1996, Richard Horner and Chris May published this seminal paper that synthesized a decade of Puget Sound research to identify and rank the four factors that degrade urban waterways and negatively influence aquatic productivity and fish survival. This research made it clear that stormwater management was as much or more about land use decisions as engineering solutions. The four factors are: Changes in Hydrology – Greater volume and rate of surface runoff caused by increased impervious area and densification of the road network. Disturbance and/or Loss of Integrity of the Riparian Corridor – Clearing and removal of natural vegetation in riparian (streamside) areas. Degradation and/or Loss of Aquatic Habitat within the Waterway – Caused by erosion and sedimentation processes, bank hardening, and removal of large organic debris; aquatic habitat degradation is a direct result of changes in hydrology. Deterioration of Water Quality – Increased sediment load due to more runoff volume causing channel erosion. Pollutant wash-off from land uses, deliberate waste discharges and accidental spills. All of the above must be considered when reviewing any development proposal. 6/ The proposed amendment does not adhere to the Open Space Land use policies outlined in the Official Plan for the City of Niagara Falls. The Official plan is clear that open spaces should Page 317 of 990 be preserved. City Council should not allow amendments to this plan for the proposed application unless the developer provides clear justification and evidence that a change is necessary and will benefit the community. There are municipalities in Canada working to protect land formerly used as golf course by including them as part of their agricultural reserve. This would be an idea worth exploring in interest of improving local food security. The development proposal includes 679 detached dwellings and a total of 1,344 residential units. The “purple” residential homes (50’) on the north side of the property along the Welland River must NOT be considered as part of this proposal. Building these homes removes habitat and necessary ecological and hydrological function throughout the area. The many cattail ponds at the site should be considered for preservation and integration into the plan. The extensive vegetative growth network of cattails is good for filtering heavy runoff. The base of the cattails catch debris and filter excess nutrients which would otherwise end up in the pond; fueling the out of control growth of algae. The rhizomes of the cattails are good for stabilizing soil. They can help minimize bank erosion and can slow down heavy storm- water velocities and reduce the risk of erosion. Cattails provide nesting and breeding habitat for a variety of desirable wildlife, most notably red-winged blackbirds and migratory ducks. I appreciated your time and welcome the opportunity to discuss these issues. Thank you for addressing these serious concerns. Respectfully, Rachel Symington Page 318 of 990 11 Berkwood Place Fonthill, Ontario, L0S 1E2 Website: www.8trees.ca Email: anne.yagi@8trees.ca mail: 11 Berkwood Place, Fonthill ON, L0S1E2. Phone: (905)892-1760 January 7, 2022 Niagara Region Planning and Development Department 1815 Sir Isaac Brock Way, PO Box 1042, Thorold ON And City of Niagara Falls Attn: Alex Herlovitch Dear Cara Lampman and Alex Herlovitch Re: Proposed Residential Development at former Oaklands Golf Course This peer review is being done pro bono at the request of Sarah Ward, a resident of Chippawa. This review can be shared without constraint. The main concerns are the loss of open space, increases in vehicular traffic and the wide extent of the proposed residential lots within and nearby two ecological sensitive areas, Welland River and Lyon’s Creek. A great deal of background information is publicly available documenting the sensitivity of these areas form the Province of Ontario (NDMNRF and MECP), Niagara Peninsula Conservation Authority NPCA), Niagara River Remedial Action Plans (NRRAP) and Environment and Climate Change Canada Figure 1). In addition, there are many records of wildlife mortalities (turtles, snakes, amphibians, and mammals) along Lyons Creek Road indicating the existing connectivity between Lyons Creek to the Welland River is needed to complete their life cycle and that the connectivity is also impaired due to a lack of safe passages. All the native turtle species are at risk and adding more traffic and intensification along these areas without sufficient mitigation is placing these species further at risk and will not meet the Region’s targets for environmental health and sustainability. Figure 1. Environmental Sensitive areas are indicated by NPCA areas of regulation along Lyons Creek and Welland River provincially significant wetlands and watercourses. Page 319 of 990 Figure 2. Proposed Development at the former Oaklands Golf Course. Proposed residential areas are within or very close to regulated areas and buffer areas along two sensitive ecological areas, provincially significant wetlands and watercourses Welland River and Lyons Creek). Sustainable development and maintaining our biodiversity are both achievable targets within the context of most housing projects in this region. However, evaluating and recognizing what areas are suitable for housing, which areas are not suitable and which areas are needed to achieve environmental sustainability is the fundamental conflict to resolve here and takes considerable ecological expertise to integrate ecological sustainable practices and development planning (Figure 2). In light of my 40 years of knowledge, and experience with natural resources, wetlands, Species at Risk, and wildlife populations in this area, I recommend a reduction in the proposed development footprint to provide increased buffer distance with restoration along the ecological sensitive areas (Lyons Creek and Welland River and wetlands), maintain current open space zoning, and to consider Eco passages (3 minimum) designed to mitigate the impacts caused by increases in new roads, vehicular traffic and the losses of open upland habitat and connectivity as an opportunity to facilitate reptile and amphibian terrestrial dispersal and movement between theses sensitive areas (Figure 3). An analysis of cumulative impacts on features and ecological functions is also recommended. In addition, wet engineered stormwater ponds are ecological traps for wildlife because they attract wildlife and put wildlife in direct contact with harmful toxins and pollutants, which decreases their survival. Dry stormwater ponds (MOE, 2003) and enhanced grassed swales are a preferred ecological solution here to mitigate stormwater impacts, increase assimilation functions and to decrease prolonged use by wildlife. Wildlife will continue to move through these areas as safe passages. Please contact me if you require any further information. Sincerely, Anne Yagi MSc., EP, CERP President 8Trees Inc. Attached resumé https://www.ontario.ca/document/stormwater-management-planning-and-design-manual/stormwater-management- plan-and-swmp-design Page 320 of 990 Page 321 of 990 8Trees Inc. is a non-government environmental consulting company that aims to carry out innovative approaches to ecological restoration, ecological based development planning, data collection, enhance science-communication, and mentor students in the fields of biological conservation, ecology, invasive species control, environmental policy, and environmental impact studies. Go to Google Play store or Apple store and download 8Trees newly developed free software; “My Field App” and contribute to citizen science biological data collection in your neighborhood. Now available, My Fish App” which measures and organizes your fish catch data into a digital angler diary. Current 8Trees Projects: Formed a multi-stakeholder delegation of experts in support of the removal of the Biederman Municipal Drain from within the nationally significant Wainfleet Bog wetland (2021 to present). Managing an ecological trap on the reptile community inhabitating a partially mined peatland in Southern Ontario”; OSARF 2017 to 2024; CWS winter 2018 to present. Massasauga Recovery Team Member (1998 to 2010) Massasauga Recovery Implementation Team Member (2021 to present) PhD committee member for J. Choquette 2019-2023 “Managing translocations for Massasauga Recovery in Ojibway Prairie” Laurentian University Monitoring the human impact on Fowler’s toad at Niagara Beaches”; OSARF 2018 to 2021 Science Advisor “Haldimand County Gray Ratsnake (Pantherophis spiloides) population recovery project”; OSARF 2017 to 2020 Fowler’s toad Recovery Implementation Team Chair (2009 to present). Building on Success: Using Habitat Modeling and outreach to confirm presence of Gray ratsnake and Foxsnake in Niagara-Hamilton”, OSARP 2020 Science Advisor “Pelee Island Blue Racer (Coluber constrictor foxii) Hibernation habitat investigation and restoration project”; OSARF 2018 to 2024 Forested Wetland Trail creation, woodland enhancement, Invasive Species Control and mitigation of amphibian ecological traps at QEW and Netherby Rd. (2018 to present) Lowbanks Backshore Wetland Complex- Invasive Species Control and mitigation of amphibian ecological traps (2018 to present) Anne R. Yagi President, 8Trees Incorporated November 2016 - Present MSc. Biological Sciences (Ecology and Evolution) Brock University BSc. Honours Zoology University of Guelph ECO Canada Certified Environmental Professional (EP) Certified Ecological Restoration Professional (CERP) Certified Ontario Wetland Evaluator (OWES) Certified Ecological Land Classification (ELC) Chair of the Fowler’s Toad Recovery Implementation Team anne.yagi@8trees.ca P) 905.892.1780 C) 289.213.8609 www.8trees.ca https://www.linkedin.com/in/anne-yagi-3a490361?trk=nav_responsive_tab_profile Page 322 of 990 11 Berkwood Place Fonthill, Ontario, L0S 1E2 Website: www.8trees.ca Email: anne.yagi@8trees.ca mail: 11 Berkwood Place, Fonthill ON, L0S1E2. Phone: (905)892-1760 Differentiating “true” ecological core areas from regenerated farm-lands within the Niagara Region 2017 to present) for ecological based development planning Forested Wetland Restoration Reference Site for Fort Erie regenerated farmlands, Fort Erie ON 8Trees Staff: (5 to 15) One full-time biologist, five part-time seasonal, summer students, interns and full- time Habitat Biologist associate. M.Sc. Thesis 2020: “Flood survival strategies of overwintering snakes”. Memberships: Canadian Herpetological Society (CHS), Society for the Study of Amphibians and Reptiles (SSAR) and Society for Ecological Restoration (SER). Past member of American Fisheries Society (AFS)- Ontario Chapter. Canadian Herpetological Society 2019 award recipient: “Blue Racer Award” in recognition of significant contributions to the conservation of amphibians and reptiles in Canada. Environmental Impact Studies Scoped Environmental Impact Study for 00 Townline Rd. Town of Fort Erie Environmental; Impact Study for QEW X Netherby Rd. Town of Fort Erie Scoped Environmental Impact Study for 368 Aqueduct X Gadsby Ave, City of Welland. Feb. 2021 And Amendment with completion of other field studies Nov 2021 Environmental Impact Study 495 Bernard Ave., Town of Fort Erie Environmental Impact Study for 12260 Lakeshore Rd. Township of Wainfleet Scoped Environmental Impact study for 14621 Niagara Parkway, NOTL Management Biologist (Retired Sep 30, 2016, after 35 years’ public service) Ministry of Natural Resources and Forestry (Vineland Field Office, Guelph District) My career at MNR began in 1981 as a summer student conducting a creel survey. After eight years of back-to-back” contracts I was hired as the Fisheries Enhancement Officer and then as the Fish and Wildlife District Biologist. I continued in this position for 26 years until I retired in 2016. Although retired from government, my interest in fish and wildlife resources and mentoring continues within my graduate studies, pursuit of research, development of citizen science products, planning and development, proactive projects in natural resource management and ecosystem restoration. Career Highlights: Identified, examined, and accepted as an expert witness (Federal, Provincial Court and OMB hearings) in the areas of fish biology and habitat, wetlands, deer biology, freshwater turtles, Massasauga rattlesnakes and general wildlife biology. Provincial Wetland Evaluations Niagara- Hamilton-Haldimand (est > 200 OWES evaluations) Fish Community Monitoring Project Niagara River Watershed (1997 to 2016) Peregrine Falcon Recovery and Master Bander (1996 to present) Winter Habitat Use by Wildlife: via Helicopter Surveys (White-tailed deer, wild turkeys, raptors, swans, ducks, geese) Niagara River Remedial Action Plan- Fish population Impairment- Determination of Delisting Criteria Field Investigation of Headwater Channel Erosion and related impacts on the Fenwick Regional ANSI, Provincially Significant Wetlands and Species at Risk Page 323 of 990 Welland River Fish Passage White Sucker and Walleye Telemetry Project at Old Welland Canal Junction (2000, 2013 to 2015) Navy Island Deer Exclosures project and management recommendations (1990 to 2010) Restoration of a Walleye population in the Welland – Niagara River system Grand River Fisheries Management Plan and advocate for the removal of the Dunnville Dam Species at Risk Habitat Stewardship and Education projects (Fowler’s toad, Massasauga, Spotted turtle, Blanding’s turtle, Gray Ratsnake, Allegheny Mountain Dusky and Northern Dusky salamander) included managing field technicians and summer students and external funding sources annually since 2000 with an operating budget $50K to $100K. All projects included surveys and monitoring, habitat enhancement, restoration, and design and creation of outreach and educational products. These projects also included mentoring and liaison with partners including universities, agencies, landowners and other interested stakeholders. As part of this species at risk team we were the first to identify Allegheny Mountain Dusky Salamander in the Niagara Gorge Ecosystem restoration project (1998 to present) - managing two species at risk populations Massasauga and Spotted turtle before, during and after water levels were increased in the central historically peat mined area. This included mark –recapture (> 200) massasaugas and (>400) spotted turtle observations since 1998. Radio telemetry technique for both species was used to confirm habitat use. With increasing conservation concerns raised about massasaugas and the potential that the mined peatland to become an ecological trap on the population. Radio telemetry was abandoned in favour of my innovative and successful coverboard design and survey technique to continue to monitor massasaugas and the resident snake community. During this time, I designed and implemented a hibernation habitat study where I introduced the “life zone” hypothesis. A “life zone” is a subterranean space where snakes successfully overwinter. This space does not freeze or flood completely and is the focus of my graduate studies. “Overwintering behaviour and survival of temperate neonatal snakes” and the development of the “forced hibernation technique”. This technique is a biological test of the life zone to confirm snakes can survive within the associated habitat. It is only used in areas where physical measures have confirmed a physical space is maintained in harsh and mild winters. Once a habitat is biologically tested using neonate gartersnakes model species), species at risk neonates can be forcibly hibernated in these good habitats. This technique will aid in repopulating good habitat because snakes use homing behaviour to return to previously occupied burrows thus removing the ecological trap associated with the mined peatland. Fowler’s toad Recovery Team Chair, Ontario Dusky Salamander Recovery Team Co-Chair, Gray Ratsnake and Massasauga rattlesnake and Ontario SAR turtle Recovery Team member Other Highlights include: Provincial Amethyst Award: Grand River Fisheries Management Plan (1999) OMNR Pride Award: Recovery of Peregrine Falcon (2000) NPCA: Welland River Restoration Committee Recognition Award (2002) NPCA Conservation achievement awards (2002 to 2008) Niagara River Bathymetry, Habitat Mapping, and habitat creation projects Niagara Region Fish Habitat Types with Management Rationale for municipal planning Binbrook Reservoir Electrofishing, and live trap netting projects Adult Walleye transfer from Bay of Quinte, Lake Ontario to Binbrook Reservoir Spring thermal flux studies Niagara River and Upper Niagara River Tributaries Long term thermal monitoring of last remaining Brook trout fishery Upper Twelve Mile Creek Upper Twelve Mile Creek Brook Trout Population Assessment 1984, 2000, 2008 Upper Twelve Mile Creek Restoration Projects (1989 to 1995) Frenchman’s Creek Grass Roots Watershed Restoration Project (1991 to 1995) Page 324 of 990 11 Berkwood Place Fonthill, Ontario, L0S 1E2 Website: www.8trees.ca Email: anne.yagi@8trees.ca mail: 11 Berkwood Place, Fonthill ON, L0S1E2. Phone: (905)892-1760 Point Abino Drain Fisheries Study- Pre and Post Drainage Works 2001 – 2002 Welland River Fish Community Assessment 1997 Walleye Restoration Project, Grand River, Welland River and Community Involvement Lake Ontario Littoral Zone, Lake Gibson, Martindale Pond and Old Welland Canal Fish Community Wild turkey reintroduction, trap and transfer international project (1986 to 1996) Ontario Conservation Fishing and Hunting Licence, Pleasure Boat Certificate, Class 1 Electrofishing Certificate (all types), Standard First Aid and CPR, ROM Fish ID, Wetland Evaluation Certifications, Active golf enthusiast Publications (chronological order) Yagi, A. R., Planck, R.J., Yagi, K.T. and Tattersall, G.J., 2020. A Long-Term Study on Massasaugas (Sistrurus catenatus) Inhabiting a Partially Mined Peatland: A Standardized Method to Characterize Snake Overwintering Habitat. Journal of Herpetology, 54(2), pp.235-244. Yagi A. R. 2020. Flood Survival Strategies of Overwintering Snakes. Master of Science Thesis. Brock University, Canada. Yagi A. R. and G. Tattersall (In Prep) Forced Hibernation- A Technique to ensure overwinter survival of endangered temperate neonatal snakes Yagi, A. R. and Tattersall, G. J. 2018. “Please Don’t Step on the Hummocks”: Summer Refugia for Massasauga Rattlesnakes.” The Canadian Herpetologists/L’Herpetologiste Canadien 8(1): 22-24. Yagi, A. R., Abney, C., Bukovics, T., Breton, B., Blott, C., Yagi, K. 2018. “The Young and the Restless: Postpartum Breeding and Early Onset Sexual maturity in an Isolated Northern Population of Massasauga Rattlesnakes.” The Canadian Herpetologists /L’Herpetologiste Canadien 8(1): 24-26 Hileman E T. … and A.Yagi, 2017. Climatic and geographic predictors of life history variation in Eastern Massasauga (Sistrurus catenatus): A range-wide synthesis PLOS ONE | DOI:10.1371 /journal.pone.0172011 February 14, 2017 Jones P.C., R.B.King, R.L.Bailey, K.Bissell, H.Campa,III, (+25) and A.Yagi.2012. Population Ecology Range-Wide Analysis of Eastern Massasauga Survivorship. J. Wild. Man. 76(8):1576-1586; DOI:10.1002/jwmg.418 Yagi A. R. 2010. Game Birds of Niagara In Niagara Birds: A compendium of articles and species accounts of the birds of the Niagara Region in Ontario editors Black, J.E. and K.J . Roy. Yagi A.R, R.J. Planck and P. Hache. 1999a. Post Assessment of the Shriner’s (Branch W-5-1) Creek Ecological Design, Niagara Falls Ontario: Did Past Planning Goals meet the Public Expectations? Proceedings of the Second International Conference on Natural Channels. March 1999. Niagara Falls, Ontario. Canada. Yagi A. R., Harrington .G. 1999b. Combining a Golf Course Re-Design with Natural Channels-Lessons learned from a St Catharines Urban Stream. Proceedings of the Second International Conference on Natural Channels. March 1999. Niagara Falls Ontario, Canada. Yagi A. R. and Frohlich K. 1998a. An Interim Report on Wainfleet Bog Restoration: Challenges and Future Direction, Second Inter Global symposium for the Conservation of Eastern Massasauga rattlesnakes, Toronto Zoo p. 164 to 169 Fraser, J. Z., Yagi, A. R., Planck, R .J. 1994. A Natural Approach to Watercourse Modification in Urbanizing Watersheds: Shriners Creek Case Study, proceedings of the First International Conference on Rivers and Guidelines for Natural Channel Systems, Jan 1994. Niagara Falls Ontario, Canada. Government Publications and Reports Yagi, A. R., et al. 2019. Managing an Ecological trap in a Partially Mined Peatland on the Resident Reptile Community which includes Five Species at Risk; Massasauga; Eastern Ribbon; Spotted turtle; Snapping turtle and Blanding’s turtle. Final Report for 2019-20. Species at Risk Stewardship Fund, Ontario Ministry of Natural Resources and Forestry. Yagi, A. R., et al. 2018. Managing an Ecological trap in a Partially Mined Peatland on the Resident Reptile Community which includes Five Species at Risk; Massasauga; Eastern Ribbon; Spotted turtle; Snapping turtle and Blanding’s turtle. Final Report for 2018-19. Species at Risk Stewardship Fund, Ontario Ministry of Natural Resources and Forestry. Yagi A.R., et al. 2017. Managing an Ecological trap in a Partially Mined Peatland on the Resident Reptile Community which includes Five Species at Risk; Massasauga; Eastern Ribbon; Spotted turtle; Snapping turtle and Blanding’s turtle. Final Report for 2017-18. Species at Risk Stewardship Fund, Ontario Ministry of Natural Resources and Forestry. Yagi, A.R., A. Brant, S. Meyer, D.M. Green, S. Dobbyn, B. Johnson, and R. Tervo†. 2017. The Fowler’s toad Stewardship Guide. prepared for Environment Canada Habitat Stewardship Program 61pp. Yagi A.R, K.T. Yagi and A.Brant. 2017. The Spotted Turtle Stewardship Guide, prepared for Environment Canada Habitat Stewardship Program 25pp. Yagi A.R. [updated 2016]. Niagara Region Fish Habitat Types with Management Rationale, Ontario Ministry of Natural Resources unpublished manuscript. Yagi A.R and C.Blott. 2015. Niagara River RAP- Fish Population- Beneficial Use Impairment Delisting Criteria. Prepared for OMNR and NRRAP Advisory Committee. Page 325 of 990 Markle, T.M., A.R. Yagi and D.M. Green. 2013. Recovery Strategy for the Allegheny Mountain Dusky Salamander Desmognathus ochrophaeus) and the Northern Dusky Salamander (Desmognathus fuscus) in Ontario. Recovery Strategy Series. Prepared for the Ontario Ministry of Natural Resources, Peterborough, Ontario. vi + 30 pp. Blott C., A.R.Yagi and V. Crombie. 2013. Niagara River (Ontario) Remedial Action Plan Interim Assessment of Degradation of Fish Populations Beneficial Use Impairment for the Niagara River Remedial Action plan (DRAFT) 51pp + Appendices Yagi A.R. and R. Jon Planck . (2012) Identification, Characterization and Subterranean Delineation of Critical Eastern Massasauga Hibernation Habitat in a Partially Mined Peatland for the Purposes of Species Recovery, Poster Ontario Nature Conference, Toronto 2012. Yagi A.R and C. Blott. 2012. Niagara River Watershed Fish Community Assessment (1997 to 2011) Ontario Ministry of Natural Resources unpublish report 168pp + appendices Yagi A.R. 2012. Field Investigation of Channel Erosion and related impacts on the Fenwick Regional ANSI, Provincially Significant Wetlands and Species at Risk, unpublished report for OMNR 20pp+appendix Green D.M., A.R. Yagi and Hamel S. Green, David M., Anne R. Yagi, and Stewart E. Hamill. 2011. Recovery Strategy for the Fowler’s Toad (Anaxyrus fowleri) in Ontario. Ontario Recovery Strategy Series. Prepared for the Ontario Ministry of Natural Resources, Peterborough, Ontario. vi + 21pp. Yagi A.R., T. Markle, A. Brant and R. Tervo. 2010. Quebec and Ontario Stream Salamander Stewardship Guide, prepared for Environment Canada Habitat stewardship Program 37 p + iii Yagi A.R, A.Brant and R.Tervo. 2009. Niagara Region Natural Areas Inventory Reptile and Amphibian Study 2006 to 2008. Ontario Ministry of Natural Resources and Land Care Niagara unpublished report for the Natural Areas Inventory prepared for the Niagara Peninsula Conservation Authority 78pp incl. separate Map Appendix. Yagi A.R. and A. Timmerman. 2009. Ancaster Wintering Deer Survey 2009 - with Management Recommendations, unpublished report for the Hamilton Conservation Authority 37pp + iii. Denyes D., A.R. Yagi, A. Brant, K.Wright. 2009. American Water- willow Stewardship Guide. prepared for Environment Canada Habitat stewardship Program 21p +ii Yagi A.R and R. Tervo. 2008a. Species at Risk Habitat Mapping for the Allegheny Mountain Dusky Salamander (Desmognathus ochrophaeus) - a Test of Draft Habitat Mapping Guidelines. Unpublished report for Ontario Ministry of Natural Resources Species at Risk, Peterborough, Ontario 12pp. Yagi A.R and R. Tervo. 2008b. Species at Risk Habitat Mapping for the Northern Dusky Salamander (Desmognathus fuscus)- a Test of Draft Habitat Mapping Guidelines. Unpublished report for Ontario Ministry of Natural Resources Species at Risk, Peterborough, Ontario 12pp. Yagi A.R and R. Tervo. 2008c. Species at Risk Habitat Mapping for the Fowler’s toad (Bufo fowleri)- a Test of Draft Habitat Mapping Guidelines. Unpublished report for Ontario Ministry of Natural Resources Species at Risk, Peterborough, Ontario Yagi A.R and C. Blott. 2008d. Niagara River Watershed Fish Community Assessment (2003 to 2007) Ontario Ministry of Natural Resources unpublished report 197pp. Yagi A.R. and M. Esraelian. 2008e. White-tailed Deer (Ondocoileus virginianus) Management Recommendations for the Niagara Parks Botanical Gardens - School of Horticulture Final Report. Ontario Ministry of Natural Resources 34pp. Yagi A.R., A. Brant, S. Meyer, D.M. Green, S. Dobbyn, K. Frohlich, K. Hayes, B. Johnson, M. Oldham and R. Tervo.2007. The Fowler’s toad Stewardship Guide. prepared for Environment Canada Habitat Stewardship Program 60pp. Yagi A.R. and R. Tervo. 2006a. Black Ratsnake (Elaphe obsoleta) Telemetry Project 2001 to 2002: Oriskany Sandstone Area- Carolinian Population Final Report unpublished for Ontario Ministry of Natural Resources Species at Risk, Peterborough, Ontario. 25pp. Yagi A.R. and R. Tervo. 2006b. Distribution of Fowler’s toad (Bufo fowleri) in Aylmer District Based upon field surveys conducted in 2004 and 2005 with notes on Habitat for Recovery Planning Purposes, unpublished report prepared for Ontario Ministry of Natural Resources Aylmer District and OMNR SAR. 21pp. Yagi A.R. and R. Tervo. 2006c. Guelph District Fowler’s Toad (Bufo fowleri) - Historic Elemental Occurrence Verification, Current Presence/Absence information with notes on Preliminary Habitat Characterization for Recovery Planning Purposes, unpublished report prepared for the Ontario Ministry of Natural Resources Species at Risk, Peterborough, Ontario. 10pp. Yagi A.R and R. Tervo. 2005a. [Data Sensitive]Massasauga (Sistrurus catenatus) Population- Interim Report; unpublished report prepared for the Ontario Ministry of Natural Resources Species at Risk, Peterborough, Ontario 11pp. Yagi A.R., R. Drabick, J. Radford and K. Spence. 2005b. Lower Frenchman's Creek: Wetland Evaluation, and Fisheries Assessment-Between Niagara Parkway and Bowen Rd. Allowance Yagi A.R. and D.Mills.2004. Niagara Glen Species at Risk Inventory Final Report 2004 (Data Sensitive) Ontario Ministry of Natural Resources unpublished report for the Niagara Parks Commission 30 pg. Yagi A.R. and D.Mills.2003a. Interim Report: Fowler’s Toad (Bufo fowleri) Abundance and Habitat Use at Morgan’s Point Conservation Area with Habitat Enhancement Recommendations, Summer 2003, unpublished report prepared for the Niagara Peninsula Conservation Authority and OMNR SAR Peterborough, Ontario. 7pp. Yagi A.R and R. Tervo. 2003b [Data Sensitive]Eastern Massasauga Rattlesnake (Sistrurus catenatus), Ministry of Natural Resources unpublished report.7pp. Yagi A.R. 2003c. Point Abino Fisheries Drain Fisheries Study- Pre and Post Drainage Works 2001 – 2002, Ontario Ministry of Natural resources unpublished report, updated March 2010 11pp. Yagi A.R. 2000. Niagara Region Fish Habitat Types with Management Rationale, Ontario Ministry of Natural Resources unpublished manuscript.4pp. Page 326 of 990 11 Berkwood Place Fonthill, Ontario, L0S 1E2 Website: www.8trees.ca Email: anne.yagi@8trees.ca mail: 11 Berkwood Place, Fonthill ON, L0S1E2. Phone: (905)892-1760 Yagi A.R. 1998b. Old Welland Canal Fisheries Assessment. City of Welland. Ontario Ministry of Natural Resources unpublished manuscript. Yagi A.R. 1997. Martindale Pond Fisheries Assessment with Notes on Richardson’s Creek Fisheries Habitat Compensation Project. OMNR unpublished manuscript. Yagi A.R., R.J Planck and P. Hache. 1996 “An Approach to Ecosystem Restoration” – Presented at 57th U.S. Midwest Fish and Wildlife Conference, Dec 5 1996, Detroit Michigan Yagi A.R. 1997. Welland River Fisheries Study with Management Recommendations. Ontario Ministry of Natural Resources unpublished manuscript. Sarvis, A.R. 1985. Brook Trout Distribution and Abundance within Upper Twelve Mile Creek. Ont. Min. Nat. Res. unpublished manuscript, 45pp. Page 327 of 990 1 Julie Hannah From:sarah ward Sent:Monday, January 10, 2022 12:20 PM To:Julie Hannah Subject:[EXTERNAL]-Sarah Ward Letter submission for AM-2021-16 with Peer Review from Anne Yagi Attachments:8Trees Inc Letter Chppawa Oakland GC Jan7 2022 signed[3911].pdf Hi Julie, Please submit the 2 attachments Letter submission for AM-2021-16 and Peer Review from Anne Yagi 8Trees inc Letter for Open House Thank you, Regards, Sarah Ward AM-2021 -16 letter CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 328 of 990 January 10, 2022 Director of Planning, Building & Development, City Hall, 4310 Queen Street, Niagara Falls, Ontario, L2E 6X5 Email: jhannah@niagarafalls.ca ; clerk@niagarafalls.ca ; councilmembers@niagarafalls.ca Re. Official Plan Amendment Application- City File: AM-2021-016 Oaklands Golf Course and adjacent lands Dear City of Niagara Falls Planning, Building & Development Department, Mayor and Council Members I am writing to express my various concerns with the new proposed development AM-2021-16 Firstly I want you to know I am not anti development. I look forward to supporting development however I cannot ignore the lack of sustainable development and support for biodiversity in this application. I am writing to you to provide solutions and share ideas that will allow you to leave a legacy behind for residents and future generations by reducing density and protecting habitat for species in this unique ecosystem we share while requesting that concerns are addressed relating to the application. Why should you treat this application differently? Consider the following: According to Environment Canada the area we live in (known as the Carolinian Zone) has more endangered and rare species than any other ecoregion in Canada. In the Niagara Region, 95.4% of the wetlands are in Niagara South where most remaining species at risk exists Lyons Creek and the Welland River have provincially significant wetlands, critical fish habitat areas, Habitat for species at risk and other rare species not yet assessed. This location's unique ecological sensitive area relies on decisions made by landowners, planners and municipalities like you to implement solutions that protect and enhance biodiversity. A group was created where educated, experienced individuals are working together to provide solutions. Concerns raised in this letter are a reflection of their input and my personal experience due to the close proximity of the proposed development which is within 200 m of my home. One example of input is provided through the Peer Review of Anne Yagi (Biologist for MOE for 35 years, mapped every single wetland in the area please review her credentials). Please incorporate these solutions in the attached document and accept her recommendations. Her education and experience cannot be negated and requests are achievable targets that are needed to maintain biodiversity in this eco sensitive area. The following are some of my concerns: 1. I would like to address the lack of transparency regarding the application. The dropbox Page 329 of 990 information for the application was not shared on the city website until January 4th while letters were sent out Dec 23rd. This was ill timed with city hall closure and holidays and allowed little time for concerned residents to review information. Many residents in rural areas are not included in the 120m rule of notification. This type of development in a rural area greatly impacts these residents. Please consider changing this bylaw in future as other cities have made this change (Example Burlington increased to 300m). 2. From my understanding the traffic impact study on page 22 for future 2031 traffic does not reflect the existing traffic conditions based on current data. For example a neighbour requested a traffic study for Stanley Avenue at 9516 Stanley Avenue due to excessive speeds (Note up to 93 km/h was recorded in this 50km/h zone). This is a short 350 m road which connects to the main road running along AM-2016-21 application. This study was completed for 9 days from Oct 13th to Oct 22nd, 2021. Despite decreased activity due to COVID over 1000 cars were recorded on this short 350 m road. How can I have confidence in this traffic study when the total volumes predicted in 2024 are less than what exists today? This traffic study does not appear to consider the impact of newer subdivisions being built now and upcoming Chippawa East. A review of existing traffic impact study is needed to address these concerns. Page 330 of 990 3. Application for an Amendment to the Official Plan and/or Zoning By-law 4. This mixed high-density development plan will have a major impact on our protected wetlands and endangered species as well as negatively affect human mental health by removal of natural green areas and the woodland canopy which most would agree is one of the most aesthetically pleasing entrances to Chippawa. Take into consideration your Regions target’s for environmental health and sustainability while following the General Policies from the Official Plan https://niagarafalls.ca/pdf/planning/official-plan/official-plan-november-2019.pdf GENERAL POLICIES from the Official Plan that should be considered and reviewed Policy not taken into consideration in existing plan Solution Pg 11.1.15 A subwatershed plan may be required through secondary plans, neighbourhood plans or for large scale developments that require an amendment to this Plan, whether or not a watershed plan exists, to provide specific guidance on the means to protect, restore and rehabilitate natural resources and to provide a framework for integrating environmental concerns into the land use development process in context of the watershed area. Protect, restore and rehabilitate the area along Lyons creek to address objective environmental plans as provided in Peer review. Increase buffer zones along watershed areas. 11.1.23 Linkages and natural corridors that provide a connection between natural heritage features can include valleylands, contiguous woodlands and wetlands, creeks, hedgerows, and service corridors. The City shall promote the function of valleylands or stream corridors as natural resource linkages and encourages the protection, naturalization and, wherever possible, the rehabilitation of valleylands or stream corridors in accordance with Niagara Peninsula Conservation Authority Install 3 Eco passages across road, Leave existing trees and encourage a natural corridor for species between two waterways Page 331 of 990 Regulations. New development should not interfere with the function of these linkages and corridors and all efforts should be made through design for the enhancement or rehabilitation of natural heritage resource connections. 11.1.25 Development or site alteration in or near a natural heritage feature should be designed to maintain and, where possible, enhance the ecological functions of existing linkages. If necessary an alternative corridor may be created through the development process that will function as an ecological link between all natural heritage features in the area (water, wildlife, flora). Alternative corridors must be supported by an EIS that is reviewed by the appropriate authorities and approved by the City or Region. Address providing natural corridor for many species crossing from Lyons creek over to Welland River as suggested in Peer review. 11.1.26 On privately owned lands, the City will support and encourage the use of conservation agreements to maintain, enhance or restore linkages between plant and animal species habitat and to protect and improve water quality and quantity; and the management of watersheds. Do not support habitat removal in proposal, Existing conservation open area and conservation land should not be rezoned to support high density residential 11.1.39 The City recognizes the values and benefits of trees, hedgerows and woodlands to the overall environmental health of the community as well as its visual appeal. The City shall place a high priority on the protection of these features. Do not allow existing plans to remove woodlands, hedgerows and destroy visual appeal 11.1.40 The City shall endeavour to meet forest cover and vegetative buffer targets set through watershed studies and environmental impact studies by including minimum vegetative setbacks from all order streams under the Environmental Conservation Area designation. The protection of land adjacent to woodlands, water features and other natural heritage features by retaining the buffer in a natural state shall also be undertaken through these policies. Maintain the 17% tree canopy cover in Niagara by keeping existing forest cover. Note this is less than 30% that Environment Canada says is the minimum required to maintain a healthy environment. 11.1.41 All development is to be designed in a sensitive manner having regard to the environmental, social and aesthetic benefits of trees, hedgerows and woodlands through the following: (i) The retention and protection, to the greatest extent possible, of the existing tree cover, recognizing its environmental and aesthetic importance. (ii) Ensuring efficient harvesting and use of trees that must be removed to accommodate the placement of buildings, structures and roads. (iii) The incorporation of land with existing tree cover into the urban area park system, if appropriate. (iv) The maintenance and possible enhancement of tree cover along watercourses and on steep slopes, in order to reduce soil erosion and improve water quality. (v) Permitting Do not remove existing woodlands lining Lyons Creek Page 332 of 990 the continued management and selective harvesting of forest resources, where appropriate. (vi) The use of native trees in development design. 11.1.42 The City supports the protection of woodlands greater than 0.2 hectares in size and individual trees or small stands of trees on private lands that are deemed by Council to be of significance to the City because of species, quality, age or cultural association from injury and destruction through such means as the Region's Tree and Forest Conservation By-law or any similar municipal by-law. Incorporate in plan 11.1.43 Good stewardship of urban woodlots and forested areas shall be promoted. The location of treed and wooded areas, including those located outside of significant woodlands, are illustrated on Appendix III to this Plan. Where such lands are under private ownership and are contemplated for development, the preservation and maintenance of natural environment conditions will be encouraged to the fullest extent possible. Where deemed appropriate, the City will consider such measures as bonusing, land purchase, transfer of development rights or land exchanges to safeguard important natural areas . Consider options in 11.1.43 from Official plan to protect and enhance the ecological sensitive areas 11.1.44 The City shall encourage the retention of individual trees or stands of trees wherever possible through development applications including site plan control, plan of subdivision or vacant land condominiums. A Tree Savings Plan may be requested as a condition of development. Incorporate in plan. Do not support removal of existing individual trees. Please consider the following after the Environmental Impact Studies (EIS) Peer review and consultation with experts in this field Minimum Standardized studies required for the EIS are designed NOT to find rare, cryptic species There is no consistency between EIS quality and how they are reviewed by agencies The mapping of the Natural Heritage system was not an objective scientific approach. NO evaluation record or studies were completed to justify mapped lands between PSWs, ANSIs , fish habitat, versus other lands. No consideration of road impacts, isolation factors and ecological functions. Significant habitat for Endangered and Threatened species IS NOT Available Tremendous outdated species observation data gaps Reduce density as the increase in vehicular traffic which will increase mortalities Wet engineered stormwater ponds are ecological traps for wildlife. Replan current design and support dry stormwater ponds (MOE 2003) and enhanced grassed swales to mitigate stormwater impacts as they are the preferred ecological solutions. Increase wetland buffers and restore ecological sensitive areas along Lyons Creek and Welland river. To support housing needs and maintain biodiversity. Reforest land on Lyons creek to sustain biodiversity while increasing residential density in appropriate areas. Page 333 of 990 Please review just a few of the species that require your cooperation to protect and enhance habitat for their survival. Many other species have been observed by MNR, biologists and residents and many are not even recorded. In the EIS review provided with AM-2021-16, 51 species were recorded in this small area. NHIC NHIC NHIC Lyons creek Often crossing road observed Note: 1000’s recorded landing in adjacent properties Lyons creek is designated as 1 of 10 critical habitats in all of Canada observed golf course campground property Likely -observed in nearby area and bats fly over Lyons creek road on regular basis observed observed Lyons Creek NHIC NHIC owls heard at night - Observed in camp ground observed observed Lyons Creek Page 334 of 990 not in EIS From Peer review and various other sources it is demonstrated that there will be negative impacts on ecological functions with existing development plans. Please follow 2.0 Environmental Policy 2.1 Provincial Policy Statement. After providing the current points it is evident that further studies regarding Urban Design, Environmental Site Assessment, and Transportation should be considered to ensure good planning practices are followed and guidelines are met outlined in Federal, Provincial, Regional and Official City Plans. Residents and biodiversity are at the mercy of those with power and finances to change their surroundings. Please reflect on supporting an environmentally balanced plan and sustainable development for Chippawa. Regards, Sarah Ward Page 335 of 990 1 Julie Hannah From:Shiloh Koski Sent:Monday, January 10, 2022 4:12 PM To:Julie Hannah Cc:Clerk Subject:[EXTERNAL]-SUBJECT LINE: Redevelopment of Oaklands Golf Course and adjacent land: Official Plan Amendment Application- City File: AM-2021-016 Follow Up Flag:Follow up Flag Status:Completed Dear City of Niagara Falls Planning, Building & Development Department, I am a Niagara Falls president born and raised As a resident I not only enjoy the benefits the wetlands offer us as far as nature reserves and preserving our agriculture. The natural landscape around us as southern Ontario holds the majority of Ontario is wetlands they need to be preserved and protected. I think it’s so important for our wetlands to stay our wetlands with the struggle in overland flooding in so many other parts of the country it is a real concern of mine and my household. Insurance is becoming a real issue the federal government doesn’t currently provide a relief fund for flooding victims and with the Overland flooding issues insurance companies have been backing out and not covering peoples insurance for flooding. It is incredible important to preserve our wetlands to provide land security for surrounding homes around our wetlands. There has been and investigation into this please see link below. https://cbcgem.app/Z9ZXzGAcBBU6gTZr8 At this point there is not adequate information or proper data analysis to support this redevelopment and you should not approve this application. As a community for our young member of our community we want sustainability to be the top priority when they consider approving redevelopment in this area and all of Niagara Falls. With gratitude, Shiloh Koski CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 336 of 990 1 Julie Hannah From:Terrie Menzies Sent:Sunday, January 9, 2022 8:53 AM To:Clerk Subject:[EXTERNAL]-Rezoning of Oakland’s golf course AM-2021-16 We live at and are vehemently opposed to what is proposed to take place with the rezoning of Oakland’s golf course. This should not be approved until more in depth studies are done . Our quiet village is being over run and our wildlife and protected species are being completely disrespected ! Regards, Terrie and Tom Menzies Sent from my iPhone CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 337 of 990 11 Berkwood Place Fonthill, Ontario, L0S 1E2 Website: www.8trees.ca Email: anne.yagi@8trees.ca mail: 11 Berkwood Place, Fonthill ON, L0S1E2. Phone: (905)892-1760 January 7, 2022 Niagara Region Planning and Development Department 1815 Sir Isaac Brock Way, PO Box 1042, Thorold ON And City of Niagara Falls Attn: Alex Herlovitch Dear Cara Lampman and Alex Herlovitch Re: Proposed Residential Development at former Oaklands Golf Course This peer review is being done pro bono at the request of Sarah Ward, a resident of Chippawa. This review can be shared without constraint. The main concerns are the loss of open space, increases in vehicular traffic and the wide extent of the proposed residential lots within and nearby two ecological sensitive areas, Welland River and Lyon’s Creek. A great deal of background information is publicly available documenting the sensitivity of these areas form the Province of Ontario (NDMNRF and MECP), Niagara Peninsula Conservation Authority NPCA), Niagara River Remedial Action Plans (NRRAP) and Environment and Climate Change Canada Figure 1). In addition, there are many records of wildlife mortalities (turtles, snakes, amphibians, and mammals) along Lyons Creek Road indicating the existing connectivity between Lyons Creek to the Welland River is needed to complete their life cycle and that the connectivity is also impaired due to a lack of safe passages. All the native turtle species are at risk and adding more traffic and intensification along these areas without sufficient mitigation is placing these species further at risk and will not meet the Region’s targets for environmental health and sustainability. Figure 1. Environmental Sensitive areas are indicated by NPCA areas of regulation along Lyons Creek and Welland River provincially significant wetlands and watercourses. Page 338 of 990 Figure 2. Proposed Development at the former Oaklands Golf Course. Proposed residential areas are within or very close to regulated areas and buffer areas along two sensitive ecological areas, provincially significant wetlands and watercourses Welland River and Lyons Creek). Sustainable development and maintaining our biodiversity are both achievable targets within the context of most housing projects in this region. However, evaluating and recognizing what areas are suitable for housing, which areas are not suitable and which areas are needed to achieve environmental sustainability is the fundamental conflict to resolve here and takes considerable ecological expertise to integrate ecological sustainable practices and development planning (Figure 2). In light of my 40 years of knowledge, and experience with natural resources, wetlands, Species at Risk, and wildlife populations in this area, I recommend a reduction in the proposed development footprint to provide increased buffer distance with restoration along the ecological sensitive areas (Lyons Creek and Welland River and wetlands), maintain current open space zoning, and to consider Eco passages (3 minimum) designed to mitigate the impacts caused by increases in new roads, vehicular traffic and the losses of open upland habitat and connectivity as an opportunity to facilitate reptile and amphibian terrestrial dispersal and movement between theses sensitive areas (Figure 3). An analysis of cumulative impacts on features and ecological functions is also recommended. In addition, wet engineered stormwater ponds are ecological traps for wildlife because they attract wildlife and put wildlife in direct contact with harmful toxins and pollutants, which decreases their survival. Dry stormwater ponds (MOE, 2003) and enhanced grassed swales are a preferred ecological solution here to mitigate stormwater impacts, increase assimilation functions and to decrease prolonged use by wildlife. Wildlife will continue to move through these areas as safe passages. Please contact me if you require any further information. Sincerely, Anne Yagi MSc., EP, CERP President 8Trees Inc. Attached resumé https://www.ontario.ca/document/stormwater-management-planning-and-design-manual/stormwater-management- plan-and-swmp-design Page 339 of 990 Page 340 of 990 8Trees Inc. is a non-government environmental consulting company that aims to carry out innovative approaches to ecological restoration, ecological based development planning, data collection, enhance science-communication, and mentor students in the fields of biological conservation, ecology, invasive species control, environmental policy, and environmental impact studies. Go to Google Play store or Apple store and download 8Trees newly developed free software; “My Field App” and contribute to citizen science biological data collection in your neighborhood. Now available, My Fish App” which measures and organizes your fish catch data into a digital angler diary. Current 8Trees Projects: Formed a multi-stakeholder delegation of experts in support of the removal of the Biederman Municipal Drain from within the nationally significant Wainfleet Bog wetland (2021 to present). Managing an ecological trap on the reptile community inhabitating a partially mined peatland in Southern Ontario”; OSARF 2017 to 2024; CWS winter 2018 to present. Massasauga Recovery Team Member (1998 to 2010) Massasauga Recovery Implementation Team Member (2021 to present) PhD committee member for J. Choquette 2019-2023 “Managing translocations for Massasauga Recovery in Ojibway Prairie” Laurentian University Monitoring the human impact on Fowler’s toad at Niagara Beaches”; OSARF 2018 to 2021 Science Advisor “Haldimand County Gray Ratsnake (Pantherophis spiloides) population recovery project”; OSARF 2017 to 2020 Fowler’s toad Recovery Implementation Team Chair (2009 to present). Building on Success: Using Habitat Modeling and outreach to confirm presence of Gray ratsnake and Foxsnake in Niagara-Hamilton”, OSARP 2020 Science Advisor “Pelee Island Blue Racer (Coluber constrictor foxii) Hibernation habitat investigation and restoration project”; OSARF 2018 to 2024 Forested Wetland Trail creation, woodland enhancement, Invasive Species Control and mitigation of amphibian ecological traps at QEW and Netherby Rd. (2018 to present) Lowbanks Backshore Wetland Complex- Invasive Species Control and mitigation of amphibian ecological traps (2018 to present) Anne R. Yagi President, 8Trees Incorporated November 2016 - Present MSc. Biological Sciences (Ecology and Evolution) Brock University BSc. Honours Zoology University of Guelph ECO Canada Certified Environmental Professional (EP) Certified Ecological Restoration Professional (CERP) Certified Ontario Wetland Evaluator (OWES) Certified Ecological Land Classification (ELC) Chair of the Fowler’s Toad Recovery Implementation Team anne.yagi@8trees.ca P) 905.892.1780 C) 289.213.8609 www.8trees.ca https://www.linkedin.com/in/anne-yagi-3a490361?trk=nav_responsive_tab_profile Page 341 of 990 11 Berkwood Place Fonthill, Ontario, L0S 1E2 Website: www.8trees.ca Email: anne.yagi@8trees.ca mail: 11 Berkwood Place, Fonthill ON, L0S1E2. Phone: (905)892-1760 Differentiating “true” ecological core areas from regenerated farm-lands within the Niagara Region 2017 to present) for ecological based development planning Forested Wetland Restoration Reference Site for Fort Erie regenerated farmlands, Fort Erie ON 8Trees Staff: (5 to 15) One full-time biologist, five part-time seasonal, summer students, interns and full- time Habitat Biologist associate. M.Sc. Thesis 2020: “Flood survival strategies of overwintering snakes”. Memberships: Canadian Herpetological Society (CHS), Society for the Study of Amphibians and Reptiles (SSAR) and Society for Ecological Restoration (SER). Past member of American Fisheries Society (AFS)- Ontario Chapter. Canadian Herpetological Society 2019 award recipient: “Blue Racer Award” in recognition of significant contributions to the conservation of amphibians and reptiles in Canada. Environmental Impact Studies Scoped Environmental Impact Study for 00 Townline Rd. Town of Fort Erie Environmental; Impact Study for QEW X Netherby Rd. Town of Fort Erie Scoped Environmental Impact Study for 368 Aqueduct X Gadsby Ave, City of Welland. Feb. 2021 And Amendment with completion of other field studies Nov 2021 Environmental Impact Study 495 Bernard Ave., Town of Fort Erie Environmental Impact Study for 12260 Lakeshore Rd. Township of Wainfleet Scoped Environmental Impact study for 14621 Niagara Parkway, NOTL Management Biologist (Retired Sep 30, 2016, after 35 years’ public service) Ministry of Natural Resources and Forestry (Vineland Field Office, Guelph District) My career at MNR began in 1981 as a summer student conducting a creel survey. After eight years of back-to-back” contracts I was hired as the Fisheries Enhancement Officer and then as the Fish and Wildlife District Biologist. I continued in this position for 26 years until I retired in 2016. Although retired from government, my interest in fish and wildlife resources and mentoring continues within my graduate studies, pursuit of research, development of citizen science products, planning and development, proactive projects in natural resource management and ecosystem restoration. Career Highlights: Identified, examined, and accepted as an expert witness (Federal, Provincial Court and OMB hearings) in the areas of fish biology and habitat, wetlands, deer biology, freshwater turtles, Massasauga rattlesnakes and general wildlife biology. Provincial Wetland Evaluations Niagara- Hamilton-Haldimand (est > 200 OWES evaluations) Fish Community Monitoring Project Niagara River Watershed (1997 to 2016) Peregrine Falcon Recovery and Master Bander (1996 to present) Winter Habitat Use by Wildlife: via Helicopter Surveys (White-tailed deer, wild turkeys, raptors, swans, ducks, geese) Niagara River Remedial Action Plan- Fish population Impairment- Determination of Delisting Criteria Field Investigation of Headwater Channel Erosion and related impacts on the Fenwick Regional ANSI, Provincially Significant Wetlands and Species at Risk Page 342 of 990 Welland River Fish Passage White Sucker and Walleye Telemetry Project at Old Welland Canal Junction (2000, 2013 to 2015) Navy Island Deer Exclosures project and management recommendations (1990 to 2010) Restoration of a Walleye population in the Welland – Niagara River system Grand River Fisheries Management Plan and advocate for the removal of the Dunnville Dam Species at Risk Habitat Stewardship and Education projects (Fowler’s toad, Massasauga, Spotted turtle, Blanding’s turtle, Gray Ratsnake, Allegheny Mountain Dusky and Northern Dusky salamander) included managing field technicians and summer students and external funding sources annually since 2000 with an operating budget $50K to $100K. All projects included surveys and monitoring, habitat enhancement, restoration, and design and creation of outreach and educational products. These projects also included mentoring and liaison with partners including universities, agencies, landowners and other interested stakeholders. As part of this species at risk team we were the first to identify Allegheny Mountain Dusky Salamander in the Niagara Gorge Ecosystem restoration project (1998 to present) - managing two species at risk populations Massasauga and Spotted turtle before, during and after water levels were increased in the central historically peat mined area. This included mark –recapture (> 200) massasaugas and (>400) spotted turtle observations since 1998. Radio telemetry technique for both species was used to confirm habitat use. With increasing conservation concerns raised about massasaugas and the potential that the mined peatland to become an ecological trap on the population. Radio telemetry was abandoned in favour of my innovative and successful coverboard design and survey technique to continue to monitor massasaugas and the resident snake community. During this time, I designed and implemented a hibernation habitat study where I introduced the “life zone” hypothesis. A “life zone” is a subterranean space where snakes successfully overwinter. This space does not freeze or flood completely and is the focus of my graduate studies. “Overwintering behaviour and survival of temperate neonatal snakes” and the development of the “forced hibernation technique”. This technique is a biological test of the life zone to confirm snakes can survive within the associated habitat. It is only used in areas where physical measures have confirmed a physical space is maintained in harsh and mild winters. Once a habitat is biologically tested using neonate gartersnakes model species), species at risk neonates can be forcibly hibernated in these good habitats. This technique will aid in repopulating good habitat because snakes use homing behaviour to return to previously occupied burrows thus removing the ecological trap associated with the mined peatland. Fowler’s toad Recovery Team Chair, Ontario Dusky Salamander Recovery Team Co-Chair, Gray Ratsnake and Massasauga rattlesnake and Ontario SAR turtle Recovery Team member Other Highlights include: Provincial Amethyst Award: Grand River Fisheries Management Plan (1999) OMNR Pride Award: Recovery of Peregrine Falcon (2000) NPCA: Welland River Restoration Committee Recognition Award (2002) NPCA Conservation achievement awards (2002 to 2008) Niagara River Bathymetry, Habitat Mapping, and habitat creation projects Niagara Region Fish Habitat Types with Management Rationale for municipal planning Binbrook Reservoir Electrofishing, and live trap netting projects Adult Walleye transfer from Bay of Quinte, Lake Ontario to Binbrook Reservoir Spring thermal flux studies Niagara River and Upper Niagara River Tributaries Long term thermal monitoring of last remaining Brook trout fishery Upper Twelve Mile Creek Upper Twelve Mile Creek Brook Trout Population Assessment 1984, 2000, 2008 Upper Twelve Mile Creek Restoration Projects (1989 to 1995) Frenchman’s Creek Grass Roots Watershed Restoration Project (1991 to 1995) Page 343 of 990 11 Berkwood Place Fonthill, Ontario, L0S 1E2 Website: www.8trees.ca Email: anne.yagi@8trees.ca mail: 11 Berkwood Place, Fonthill ON, L0S1E2. Phone: (905)892-1760 Point Abino Drain Fisheries Study- Pre and Post Drainage Works 2001 – 2002 Welland River Fish Community Assessment 1997 Walleye Restoration Project, Grand River, Welland River and Community Involvement Lake Ontario Littoral Zone, Lake Gibson, Martindale Pond and Old Welland Canal Fish Community Wild turkey reintroduction, trap and transfer international project (1986 to 1996) Ontario Conservation Fishing and Hunting Licence, Pleasure Boat Certificate, Class 1 Electrofishing Certificate (all types), Standard First Aid and CPR, ROM Fish ID, Wetland Evaluation Certifications, Active golf enthusiast Publications (chronological order) Yagi, A. R., Planck, R.J., Yagi, K.T. and Tattersall, G.J., 2020. A Long-Term Study on Massasaugas (Sistrurus catenatus) Inhabiting a Partially Mined Peatland: A Standardized Method to Characterize Snake Overwintering Habitat. Journal of Herpetology, 54(2), pp.235-244. Yagi A. R. 2020. Flood Survival Strategies of Overwintering Snakes. Master of Science Thesis. Brock University, Canada. Yagi A. R. and G. Tattersall (In Prep) Forced Hibernation- A Technique to ensure overwinter survival of endangered temperate neonatal snakes Yagi, A. R. and Tattersall, G. J. 2018. “Please Don’t Step on the Hummocks”: Summer Refugia for Massasauga Rattlesnakes.” The Canadian Herpetologists/L’Herpetologiste Canadien 8(1): 22-24. Yagi, A. R., Abney, C., Bukovics, T., Breton, B., Blott, C., Yagi, K. 2018. “The Young and the Restless: Postpartum Breeding and Early Onset Sexual maturity in an Isolated Northern Population of Massasauga Rattlesnakes.” The Canadian Herpetologists /L’Herpetologiste Canadien 8(1): 24-26 Hileman E T. … and A.Yagi, 2017. Climatic and geographic predictors of life history variation in Eastern Massasauga (Sistrurus catenatus): A range-wide synthesis PLOS ONE | DOI:10.1371 /journal.pone.0172011 February 14, 2017 Jones P.C., R.B.King, R.L.Bailey, K.Bissell, H.Campa,III, (+25) and A.Yagi.2012. Population Ecology Range-Wide Analysis of Eastern Massasauga Survivorship. J. Wild. Man. 76(8):1576-1586; DOI:10.1002/jwmg.418 Yagi A. R. 2010. Game Birds of Niagara In Niagara Birds: A compendium of articles and species accounts of the birds of the Niagara Region in Ontario editors Black, J.E. and K.J . Roy. Yagi A.R, R.J. Planck and P. Hache. 1999a. Post Assessment of the Shriner’s (Branch W-5-1) Creek Ecological Design, Niagara Falls Ontario: Did Past Planning Goals meet the Public Expectations? Proceedings of the Second International Conference on Natural Channels. March 1999. Niagara Falls, Ontario. Canada. Yagi A. R., Harrington .G. 1999b. Combining a Golf Course Re-Design with Natural Channels-Lessons learned from a St Catharines Urban Stream. Proceedings of the Second International Conference on Natural Channels. March 1999. Niagara Falls Ontario, Canada. Yagi A. R. and Frohlich K. 1998a. An Interim Report on Wainfleet Bog Restoration: Challenges and Future Direction, Second Inter Global symposium for the Conservation of Eastern Massasauga rattlesnakes, Toronto Zoo p. 164 to 169 Fraser, J. Z., Yagi, A. R., Planck, R .J. 1994. A Natural Approach to Watercourse Modification in Urbanizing Watersheds: Shriners Creek Case Study, proceedings of the First International Conference on Rivers and Guidelines for Natural Channel Systems, Jan 1994. Niagara Falls Ontario, Canada. Government Publications and Reports Yagi, A. R., et al. 2019. Managing an Ecological trap in a Partially Mined Peatland on the Resident Reptile Community which includes Five Species at Risk; Massasauga; Eastern Ribbon; Spotted turtle; Snapping turtle and Blanding’s turtle. Final Report for 2019-20. Species at Risk Stewardship Fund, Ontario Ministry of Natural Resources and Forestry. Yagi, A. R., et al. 2018. Managing an Ecological trap in a Partially Mined Peatland on the Resident Reptile Community which includes Five Species at Risk; Massasauga; Eastern Ribbon; Spotted turtle; Snapping turtle and Blanding’s turtle. Final Report for 2018-19. Species at Risk Stewardship Fund, Ontario Ministry of Natural Resources and Forestry. Yagi A.R., et al. 2017. Managing an Ecological trap in a Partially Mined Peatland on the Resident Reptile Community which includes Five Species at Risk; Massasauga; Eastern Ribbon; Spotted turtle; Snapping turtle and Blanding’s turtle. Final Report for 2017-18. Species at Risk Stewardship Fund, Ontario Ministry of Natural Resources and Forestry. Yagi, A.R., A. Brant, S. Meyer, D.M. Green, S. Dobbyn, B. Johnson, and R. Tervo†. 2017. The Fowler’s toad Stewardship Guide. prepared for Environment Canada Habitat Stewardship Program 61pp. Yagi A.R, K.T. Yagi and A.Brant. 2017. The Spotted Turtle Stewardship Guide, prepared for Environment Canada Habitat Stewardship Program 25pp. Yagi A.R. [updated 2016]. Niagara Region Fish Habitat Types with Management Rationale, Ontario Ministry of Natural Resources unpublished manuscript. Yagi A.R and C.Blott. 2015. Niagara River RAP- Fish Population- Beneficial Use Impairment Delisting Criteria. Prepared for OMNR and NRRAP Advisory Committee. Page 344 of 990 Markle, T.M., A.R. Yagi and D.M. Green. 2013. Recovery Strategy for the Allegheny Mountain Dusky Salamander Desmognathus ochrophaeus) and the Northern Dusky Salamander (Desmognathus fuscus) in Ontario. Recovery Strategy Series. Prepared for the Ontario Ministry of Natural Resources, Peterborough, Ontario. vi + 30 pp. Blott C., A.R.Yagi and V. Crombie. 2013. Niagara River (Ontario) Remedial Action Plan Interim Assessment of Degradation of Fish Populations Beneficial Use Impairment for the Niagara River Remedial Action plan (DRAFT) 51pp + Appendices Yagi A.R. and R. Jon Planck . (2012) Identification, Characterization and Subterranean Delineation of Critical Eastern Massasauga Hibernation Habitat in a Partially Mined Peatland for the Purposes of Species Recovery, Poster Ontario Nature Conference, Toronto 2012. Yagi A.R and C. Blott. 2012. Niagara River Watershed Fish Community Assessment (1997 to 2011) Ontario Ministry of Natural Resources unpublish report 168pp + appendices Yagi A.R. 2012. Field Investigation of Channel Erosion and related impacts on the Fenwick Regional ANSI, Provincially Significant Wetlands and Species at Risk, unpublished report for OMNR 20pp+appendix Green D.M., A.R. Yagi and Hamel S. Green, David M., Anne R. Yagi, and Stewart E. Hamill. 2011. Recovery Strategy for the Fowler’s Toad (Anaxyrus fowleri) in Ontario. Ontario Recovery Strategy Series. Prepared for the Ontario Ministry of Natural Resources, Peterborough, Ontario. vi + 21pp. Yagi A.R., T. Markle, A. Brant and R. Tervo. 2010. Quebec and Ontario Stream Salamander Stewardship Guide, prepared for Environment Canada Habitat stewardship Program 37 p + iii Yagi A.R, A.Brant and R.Tervo. 2009. Niagara Region Natural Areas Inventory Reptile and Amphibian Study 2006 to 2008. Ontario Ministry of Natural Resources and Land Care Niagara unpublished report for the Natural Areas Inventory prepared for the Niagara Peninsula Conservation Authority 78pp incl. separate Map Appendix. Yagi A.R. and A. Timmerman. 2009. Ancaster Wintering Deer Survey 2009 - with Management Recommendations, unpublished report for the Hamilton Conservation Authority 37pp + iii. Denyes D., A.R. Yagi, A. Brant, K.Wright. 2009. American Water- willow Stewardship Guide. prepared for Environment Canada Habitat stewardship Program 21p +ii Yagi A.R and R. Tervo. 2008a. Species at Risk Habitat Mapping for the Allegheny Mountain Dusky Salamander (Desmognathus ochrophaeus) - a Test of Draft Habitat Mapping Guidelines. Unpublished report for Ontario Ministry of Natural Resources Species at Risk, Peterborough, Ontario 12pp. Yagi A.R and R. Tervo. 2008b. Species at Risk Habitat Mapping for the Northern Dusky Salamander (Desmognathus fuscus)- a Test of Draft Habitat Mapping Guidelines. Unpublished report for Ontario Ministry of Natural Resources Species at Risk, Peterborough, Ontario 12pp. Yagi A.R and R. Tervo. 2008c. Species at Risk Habitat Mapping for the Fowler’s toad (Bufo fowleri)- a Test of Draft Habitat Mapping Guidelines. Unpublished report for Ontario Ministry of Natural Resources Species at Risk, Peterborough, Ontario Yagi A.R and C. Blott. 2008d. Niagara River Watershed Fish Community Assessment (2003 to 2007) Ontario Ministry of Natural Resources unpublished report 197pp. Yagi A.R. and M. Esraelian. 2008e. White-tailed Deer (Ondocoileus virginianus) Management Recommendations for the Niagara Parks Botanical Gardens - School of Horticulture Final Report. Ontario Ministry of Natural Resources 34pp. Yagi A.R., A. Brant, S. Meyer, D.M. Green, S. Dobbyn, K. Frohlich, K. Hayes, B. Johnson, M. Oldham and R. Tervo.2007. The Fowler’s toad Stewardship Guide. prepared for Environment Canada Habitat Stewardship Program 60pp. Yagi A.R. and R. Tervo. 2006a. Black Ratsnake (Elaphe obsoleta) Telemetry Project 2001 to 2002: Oriskany Sandstone Area- Carolinian Population Final Report unpublished for Ontario Ministry of Natural Resources Species at Risk, Peterborough, Ontario. 25pp. Yagi A.R. and R. Tervo. 2006b. Distribution of Fowler’s toad (Bufo fowleri) in Aylmer District Based upon field surveys conducted in 2004 and 2005 with notes on Habitat for Recovery Planning Purposes, unpublished report prepared for Ontario Ministry of Natural Resources Aylmer District and OMNR SAR. 21pp. Yagi A.R. and R. Tervo. 2006c. Guelph District Fowler’s Toad (Bufo fowleri) - Historic Elemental Occurrence Verification, Current Presence/Absence information with notes on Preliminary Habitat Characterization for Recovery Planning Purposes, unpublished report prepared for the Ontario Ministry of Natural Resources Species at Risk, Peterborough, Ontario. 10pp. Yagi A.R and R. Tervo. 2005a. [Data Sensitive]Massasauga (Sistrurus catenatus) Population- Interim Report; unpublished report prepared for the Ontario Ministry of Natural Resources Species at Risk, Peterborough, Ontario 11pp. Yagi A.R., R. Drabick, J. Radford and K. Spence. 2005b. Lower Frenchman's Creek: Wetland Evaluation, and Fisheries Assessment-Between Niagara Parkway and Bowen Rd. Allowance Yagi A.R. and D.Mills.2004. Niagara Glen Species at Risk Inventory Final Report 2004 (Data Sensitive) Ontario Ministry of Natural Resources unpublished report for the Niagara Parks Commission 30 pg. Yagi A.R. and D.Mills.2003a. Interim Report: Fowler’s Toad (Bufo fowleri) Abundance and Habitat Use at Morgan’s Point Conservation Area with Habitat Enhancement Recommendations, Summer 2003, unpublished report prepared for the Niagara Peninsula Conservation Authority and OMNR SAR Peterborough, Ontario. 7pp. Yagi A.R and R. Tervo. 2003b [Data Sensitive]Eastern Massasauga Rattlesnake (Sistrurus catenatus), Ministry of Natural Resources unpublished report.7pp. Yagi A.R. 2003c. Point Abino Fisheries Drain Fisheries Study- Pre and Post Drainage Works 2001 – 2002, Ontario Ministry of Natural resources unpublished report, updated March 2010 11pp. Yagi A.R. 2000. Niagara Region Fish Habitat Types with Management Rationale, Ontario Ministry of Natural Resources unpublished manuscript.4pp. Page 345 of 990 11 Berkwood Place Fonthill, Ontario, L0S 1E2 Website: www.8trees.ca Email: anne.yagi@8trees.ca mail: 11 Berkwood Place, Fonthill ON, L0S1E2. Phone: (905)892-1760 Yagi A.R. 1998b. Old Welland Canal Fisheries Assessment. City of Welland. Ontario Ministry of Natural Resources unpublished manuscript. Yagi A.R. 1997. Martindale Pond Fisheries Assessment with Notes on Richardson’s Creek Fisheries Habitat Compensation Project. OMNR unpublished manuscript. Yagi A.R., R.J Planck and P. Hache. 1996 “An Approach to Ecosystem Restoration” – Presented at 57th U.S. Midwest Fish and Wildlife Conference, Dec 5 1996, Detroit Michigan Yagi A.R. 1997. Welland River Fisheries Study with Management Recommendations. Ontario Ministry of Natural Resources unpublished manuscript. Sarvis, A.R. 1985. Brook Trout Distribution and Abundance within Upper Twelve Mile Creek. Ont. Min. Nat. Res. unpublished manuscript, 45pp. Page 346 of 990 1 Julie Hannah From:Sarah Ward Sent:January 11, 2022 8:49 AM To:Julie Hannah Subject:[EXTERNAL]-Sarah Ward - Please replace my letter sent yesterday with this one and keep with Anne's letter as well. Attachments:8Trees Inc Letter Chppawa Oakland GC Jan7 2022 signed.pdf; AM-2021 -16 letter S.W. 2).pdf Hi Julie, I typed in the wrong credentials to in my last letter. Can you replace my old one with this? I am very sorry but I was rushed and missed this important error that should be fixed. Please let me know if you can delete my old one and send this one instead. Please submit the 2 attachments Letter submission for AM-2021-16 and Peer Review from Anne Yagi 8Trees inc Letter for Open House Thank you so much for all that you do!! Please call me or let me know if you can fix this. Regards, Sarah Sent from Mail for Windows From: sarah ward Sent: January 10, 2022 4:08 PM To: Julie Hannah Subject: Re: [EXTERNAL]-Sarah Ward Open House presentation Thanks Julie! How do people who are not speaking watch- do they use same zoom link? Get Outlook for Android From: Julie Hannah <jhannah@niagarafalls.ca> Sent: Monday, January 10, 2022 4:05:13 PM To: Sarah Ward Subject: RE: [EXTERNAL]-Sarah Ward Open House presentation Hi Sarah Yes, I’ve saved it and will flip through it. Please try to keep to 5 minutes or less when you speak. Julie Julie Hannah, MES, MA, MCIP, RPP | Planner 2 | Planning, Building, and Development | City of Niagara Falls 4310 Queen Street | Niagara Falls, ON L2E 6X5 | (905) 356-7521 ext 4107 | Fax 905-356-2354 | jhannah@niagarafalls.ca From: Sarah Ward Sent: Monday, January 10, 2022 3:15 PM Page 347 of 990 2 To: Julie Hannah <jhannah@niagarafalls.ca> Cc: Lori Lococo Personal <lori.lococo.city@gmail.com>; Subject: RE: [EXTERNAL]-Sarah Ward Open House presentation Hi Julie can you present this slide when I speak? Thank you. Regards, Sarah Ward Sent from Mail for Windows From: Julie Hannah Sent: January 10, 2022 1:50 PM To: sarah ward Subject: RE: [EXTERNAL]-Sarah Ward Letter submission for AM-2021-16 with Peer Review from Anne Yagi Good afternoon Sarah, Thank you for the 2 attachments—I have saved them in the file and will provide for Council’s consideration. Julie Julie Hannah, MES, MA, MCIP, RPP | Planner 2 | Planning, Building, and Development | City of Niagara Falls 4310 Queen Street | Niagara Falls, ON L2E 6X5 | (905) 356-7521 ext 4107 | Fax 905-356-2354 | jhannah@niagarafalls.ca From: sarah ward Sent: Monday, January 10, 2022 12:20 PM To: Julie Hannah <jhannah@niagarafalls.ca> Subject: [EXTERNAL]-Sarah Ward Letter submission for AM-2021-16 with Peer Review from Anne Yagi Hi Julie, Please submit the 2 attachments Letter submission for AM-2021-16 and Peer Review from Anne Yagi 8Trees inc Letter for Open House Thank you, Regards, Sarah Ward AM-2021 -16 letter CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 348 of 990 January 10, 2022 Director of Planning, Building & Development, City Hall, 4310 Queen Street, Niagara Falls, Ontario, L2E 6X5 Email:jhannah@niagarafalls.ca;clerk@niagarafalls.ca;councilmembers@niagarafalls.ca Re. Official Plan Amendment Application- City File: AM-2021-016 Oaklands Golf Course and adjacent lands Dear City of Niagara Falls Planning, Building & Development Department, Mayor and Council Members I am writing to express my various concerns with the new proposed development AM-2021-16 Firstly I want you to know I am not anti development. I look forward to supporting development however I cannot ignore the lack of sustainable development and support for biodiversity in this application and conflict with City Official Policies. I am writing to you to provide solutions and share ideas that will allow you to leave a legacy behind for residents and future generations by reducing density and protecting habitat for species in this unique ecosystem we share while requesting that concerns are addressed relating to the application. Why should you treat this application differently? Consider the following: According to Environment Canada the area we live in (known as the Carolinian Zone) has more endangered and rare species than any other ecoregion in Canada. In the Niagara Region, 95.4% of the wetlands are in Niagara South where most remaining species at risk exists Lyons Creek and the Welland River have provincially significant wetlands, critical fish habitat areas, habitat for species at risk and other rare species not yet assessed. This location's unique ecological sensitive area relies on decisions made by landowners, planners and municipalities like you to implement solutions that protect and enhance biodiversity. A group was created where educated, experienced individuals are working together to provide solutions. Concerns raised in this letter are a reflection of their input and my personal experience due to the close proximity of the proposed development which is within 200 m of my home. One example of input is provided through the Peer Review of Anne Yagi (Biologist for MNRF for 35 years, mapped every single wetland in the area, please review her credentials). Please incorporate these solutions in the attached document and accept her recommendations. Her education and experience cannot be negated and requests are achievable targets that are needed to maintain biodiversity in this eco sensitive area. Page 349 of 990 The following are some of my concerns: 1.I would like to address the lack of transparency regarding the application. The dropbox information for the application was not shared on the city website until January 4th while letters were sent out Dec 23rd. This was ill timed with city hall closure and holidays and allowed little time for concerned residents to review information. Many residents in rural areas are not included in the 120m rule of notification. This type of development in a rural area greatly impacts these residents. Please consider changing this bylaw in future as other cities have made this change (Example Burlington increased to 300m). 2.From my understanding the traffic impact study on page 22 for future 2031 traffic does not reflect the existing traffic conditions based on current data. For example a neighbour requested a traffic study for Stanley Avenue at 9516 Stanley Avenue due to excessive speeds (Note up to 93 km/h was recorded in this 50km/h zone). This is a short 350 m road which connects to the main road running along AM-2016-21 application. This study was completed for 9 days from Oct 13th to Oct 22nd, 2021. Despite decreased activity due to COVID over 1000 cars a day were recorded on this short 350 m road. How can I have confidence in this traffic study when the total volumes predicted in 2024 are less than what exists today? This traffic study does not appear to consider the impact of newer subdivisions being built now and upcoming Chippawa East. A review of the existing traffic impact study is needed to address these concerns. Note: 3 accidents observed in past 2 years: Individual fortunately drove into guardrail rather than hitting numerous residents fishing on bridge, Speeding led to individual running into residents boat,, family pet killed, children dangerously being close to hit from cars driving to new residential areas - all on this small stretch of 350m road. Page 350 of 990 3.The City’s Official Plan Section 12 Open Space page 2-90 (attached below) states that In addition, council will seek the cooperation of public agencies, community groups and other organizations in advancing the opportunities available for recreation and enjoyment of the natural environment in open spaces.“Council will ensure that the lands be developed in a manner complementing the open space character of the land and preserving the natural environment.”The current development plans do not support the points in this policy. 4.This mixed high-density development plan will have a major impact on our protected wetlands and endangered species as well as negatively affect human mental health by removal of natural green areas and the woodland canopy which most would agree is one of the most aesthetically pleasing entrances to Chippawa. Take into consideration your Regions target’s for environmental health and sustainability while following the General Policies from the Official Plan please https://niagarafalls.ca/pdf/planning/official-plan/official-plan-november-2019.pdf POLICIES from the Official Plan should be considered and reviewed please see pages 2-74 to 2-90 There are many however only a few are included in this letter. Policy not taken into consideration in existing plan Solution Pg 11.1.15 A subwatershed plan may be required through secondary plans, neighbourhood plans or for large scale developments that require an amendment to this Plan, whether or not a watershed plan exists, to provide specific guidance on the means to protect, restore and rehabilitate natural resources and to provide a framework for integrating environmental concerns into the land use development process in context of the watershed area. Protect, restore and rehabilitate the area along Lyons creek to address objective environmental plans as provided in Peer review. Increase buffer zones along watershed areas. Page 351 of 990 11.1.23 Linkages and natural corridors that provide a connection between natural heritage features can include valleylands, contiguous woodlands and wetlands, creeks, hedgerows, and service corridors. The City shall promote the function of valleylands or stream corridors as natural resource linkages and encourages the protection, naturalization and, wherever possible, the rehabilitation of valleylands or stream corridors in accordance with Niagara Peninsula Conservation Authority Regulations. New development should not interfere with the function of these linkages and corridors and all efforts should be made through design for the enhancement or rehabilitation of natural heritage resource connections. Install 3 Eco passages across road, Leave existing trees and encourage a natural corridor for species between two waterways. New residents would embrace a unique area designed for snapping turtles to lay their eggs, then have the opportunity to watch them hatch. Just like you see in documentaries with sea turtles THIS HAPPENS HERE in this site - please embrace new ideas in this unique eco sensitive area. 11.1.25 Development or site alteration in or near a natural heritage feature should be designed to maintain and, where possible, enhance the ecological functions of existing linkages.If necessary an alternative corridor may be created through the development process that will function as an ecological link between all natural heritage features in the area (water, wildlife, flora).Alternative corridors must be supported by an EIS that is reviewed by the appropriate authorities and approved by the City or Region. Address providing natural corridor for many species crossing from Lyons creek over to Welland River as suggested in Peer review. 11.1.26 On privately owned lands, the City will support and encourage the use of conservation agreements to maintain, enhance or restore linkages between plant and animal species habitat and to protect and improve water quality and quantity; and the management of watersheds. Do not support habitat removal in proposal, Existing conservation open area and conservation land should not be rezoned to support high density residential 11.1.39 The City recognizes the values and benefits of trees, hedgerows and woodlands to the overall environmental health of the community as well as its visual appeal.The City shall place a high priority on the protection of these features. Do not allow existing plans to remove woodlands, hedgerows and destroy visual appeal 11.1.40 The City shall endeavour to meet forest cover and vegetative buffer targets set through watershed studies and environmental impact studies by including minimum vegetative setbacks from all order streams under the Environmental Conservation Area designation. The protection of land adjacent to woodlands, water features and other natural heritage features by retaining the buffer in a natural state shall also be undertaken Maintain the 17% tree canopy cover in Niagara by keeping existing forest cover. Note this is less than 30% that Environment Canada says is the minimum required to Page 352 of 990 through these policies.maintain a healthy environment. 11.1.41 All development is to be designed in a sensitive manner having regard to the environmental, social and aesthetic benefits of trees, hedgerows and woodlands through the following:(i) The retention and protection,to the greatest extent possible,of the existing tree cover,recognizing its environmental and aesthetic importance. (ii) Ensuring efficient harvesting and use of trees that must be removed to accommodate the placement of buildings, structures and roads. iii)The incorporation of land with existing tree cover into the urban area park system, if appropriate.(iv) The maintenance and possible enhancement of tree cover along watercourses and on steep slopes, in order to reduce soil erosion and improve water quality. (v) Permitting the continued management and selective harvesting of forest resources, where appropriate. (vi)The use of native trees in development design. Support the policy as stated - Enforce retention and protection to the greatest extent possible - leave existing woodlands lining Lyons Creek and hedgerows. Incorporate existing natural habitat into design 11.1.42 The City supports the protection of woodlands greater than 0.2 hectares in size and individual trees or small stands of trees on private lands that are deemed by Council to be of significance to the City because of species, quality, age or cultural association from injury and destruction through such means as the Region's Tree and Forest Conservation By-law or any similar municipal by-law. Incorporate in plan 11.1.43 Good stewardship of urban woodlots and forested areas shall be promoted. The location of treed and wooded areas, including those located outside of significant woodlands, are illustrated on Appendix III to this Plan. Where such lands are under private ownership and are contemplated for development, the preservation and maintenance of natural environment conditions will be encouraged to the fullest extent possible. Where deemed appropriate, the City will consider such measures as bonusing, land purchase, transfer of development rights or land exchanges to safeguard important natural areas. Consider options in 11.1.43 from Official plan to protect and enhance the ecological sensitive areas 11.1.44 The City shall encourage the retention of individual trees or stands of trees wherever possible through development applications including site plan control,plan of subdivision or vacant land condominiums.A Tree Savings Plan may be requested as a condition of development. Incorporate in plan. Do not support removal of existing individual trees. Please consider the following after the Environmental Impact Studies (EIS) Peer review and consultation with experts in this field Minimum Standardized studies required for the EIS are designed NOT to find rare, cryptic species Page 353 of 990 There is no consistency between EIS quality and how they are reviewed by agencies The mapping of the Natural Heritage system was not an objective scientific approach. NO evaluation record or studies were completed to justify mapped lands between PSWs, ANSIs , fish habitat, versus other lands. No consideration of road impacts, isolation factors and ecological functions. Significant habitat for Endangered and Threatened species IS NOT Available Tremendous outdated species observation data gaps Reduce density as the increase in vehicular traffic which will increase mortalities Wet engineered stormwater ponds are ecological traps for wildlife. Replan current design and support dry stormwater ponds (MOE 2003) and enhanced grassed swales to mitigate stormwater impacts as they are the preferred ecological solutions. Increase wetland buffers and restore ecological sensitive areas along Lyons Creek and Welland river. To support housing needs and maintain biodiversity. Reforest land on Lyons creek to sustain biodiversity while increasing residential density in appropriate areas. Page 354 of 990 Please review just a few of the species that require your cooperation to protect and enhance habitat for their survival. Many other species have been observed by MNR, biologists and residents and many are not even recorded. In the EIS review provided with AM-2021-16, 51 species were recorded in this small area. NHIC NHIC NHIC Lyons creek Often crossing road observed Note: 1000’s recorded landing in adjacent properties Lyons creek is designated as 1 of 10 critical habitats in all of Canada observed golf course campground property Likely -observed in nearby area and bats fly over Lyons creek road on regular basis observed observed Lyons Creek NHIC NHIC owls heard at night - not in EIS Observed in campground observed observed Lyons Creek Page 355 of 990 From Peer review and various other sources it is demonstrated that there will be negative impacts on ecological functions with existing development plans. Please follow 2.0 Environmental Policy 2.1 Provincial Policy Statement. After providing the current points it is evident that further studies regarding Urban Design, Environmental Site Assessment, and Transportation should be considered to ensure good planning practices are followed and guidelines are met outlined in Federal, Provincial, Regional and Official City Plans. Residents and biodiversity are at the mercy of those with power and finances to change their surroundings. Please reflect on supporting an environmentally balanced plan and sustainable development for Chippawa. Regards, Sarah Ward Link for:OFFICIAL PLAN FOR THE CITY OF NIAGARA FALLS Page 356 of 990 Page 357 of 990 1 Julie Hannah From:Liz Benneian Sent:Thursday, January 13, 2022 12:52 PM To:Julie Hannah Subject:Questions re. Lyons Creek area development and Chippawa are development Follow Up Flag:Follow up Flag Status:Flagged Hi Julie: A couple of questions: Was the potential residential population for the land covered in this OPA application AM-2021-016 considered as part of the Municipal comprehensive Review and the Urban Boundary Expansions? Also, you mentioned the Grassy Brook Secondary plan: I found links to a plan from 2017 and an EIS for the same year on NF planning pages. Have they been updated or is there a new plan in the works or is this what you were referring to? In any case, where is this now in the planning process? A consultant for another developer at the meeting mentioned an Employment Lands study. I found information on the website about it but it said a final report was expected by September 2021. Has there been a final report? If so, where can I find it? If not, when is it expected? Finally, where can I find information on the new waste water treatment plant that would service the Chippawa area and when is it expected to be in operation? Thanks for all your help with this. All the best, Liz Benneian Page 358 of 990 1 Julie Hannah From:Mike Cushman Sent:Thursday, January 13, 2022 4:22 PM To:Julie Hannah Subject:[EXTERNAL]-Fw: The Oakland s Golf coarse in Niagara falls was The Dominion insulation company, then Ohio Brass. Follow Up Flag:Follow up Flag Status:Completed PLEASE TAKE BORE SAMPLES AT OAKLANDS. Mike Cushman From: Mike Cushman Sent: January 13, 2022 4:18 PM To: Tonellato, Kelly (MECP) <Kelly.Tonellato@ontario.ca>; Gates - CO, Wayne <wgates-co@ndp.on.ca>; barbara.butters@niagararegion.ca barbara.butters@niagararegion.ca>; Edgar Kelly <kelly.edgar@niagararegion.ca>; CITY COUNSIL <council@niagarafalls.ca>; barbara.greenwood@niagararegion.ca <barbara.greenwood@niagararegion.ca>; Baldinelli, Tony - M.P. Tony.Baldinelli@parl.gc.ca>; george.darte@niagararegion.ca <george.darte@niagararegion.ca>; laura.ip@niagararegion.ca <laura.ip@niagararegion.ca>; Tripp, Ron <Ron.Tripp@niagararegion.ca> Subject: The Oakland s Golf coarse in Niagara falls was The Dominion insulation company, then Ohio Brass. between the greater Niagara Falls area and the village of Chippawa. In the 1930s the site was the location of Dominion Insulation Company, which became Ohio Brass Company before moving to Thorold Stone Road. During World War Two a prisoner of war camp occupied the site, followed by the Ontario Provincial Police Fourth District Headquarters in the 1950s. By the 1960s two theme parks shared the location: the Indian Village operated by the Ruta family and Marine Wonderland. In 1968 the Indian Village closed and Marine Wonderland purchased the land and began expansion. Two buildings remain in use by Marineland Canada Inc. in the 2010s from Dominion Insulation Company. The city needs to do bore samples of the whole area. The developers only went back the 1987, when Oaklands golf course opened in 1974. THEY NEED TO DO AN ENVIRONMENTAL STUDY BEFORE PUTTING HOUSING HERE. Thank you, Mike Cushman CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 359 of 990 2022 01 14 Julie Hannah, Planner 2 Planning and Building Department City of Niagara Falls 4310 Queen St. P.O. Box 1023 Niagara Falls, ON L2E 6X5 Dear Ms. Hannah, Further to comments made on January 10th, 2022 at the Public Open house for consideration of an Official Plan Amendment for lands located at 8970 & 9015 Stanley Avenue and lands located south of Lyons Creek Road, east of Stanley Avenue, we would like to express our concerns. The amendment in question will redesignate the lands from Resort Commercial and Environmental Conservation/Protection Area and Open Space to permit Mixed Use. As you may be aware, our client (Global Country of World Peace) owns approximately 200 acres in the area (our property at 5789 Lyons Creek Road abuts the 9015 Stanley Avenue property) and while we do not necessarily object to land use change, we do have concerns that the timing of this application may be premature within current planning context. It is our understanding that the City of Niagara Falls is currently at a crossroads regarding future development within its boundaries. As such, we believe a comprehensive approach to land development should be practiced to balance interests of the city as a whole. If this application proceeds as presented, the opportunity to fully consider all moving parts may be lost; or a least, not coordinated in the best interest of the City. Given the accelerated residential growth in the southwest part of the City over the past few years, much of the mixed use development land earmarked for that purpose is now becoming limited and the City must look to the next horizon for planned growth. The area known as the Grassy Brook Secondary Plan Area would be an ideal candidate considering it consists of over 500 acres, has long been identified as a growth area within the existing urban boundary, is well positioned to provide housing for the Southern Niagara hospital once constructed, and includes the proposed location of the Region’s Wastewater Treatment Plan facility which can support anticipated servicing needs. It is also located adjacent to the Welland River and desirable natural amenities that would make for a great living environment. However, not only are these lands (including 9015 Stanley Avenue which is part of the application) presently being considered for Employment as part of the City’s current Page 360 of 990 review, the City has initiated a Secondary Plan process. The City’s Employment Land Needs Analysis will be factored into the Region’s more global interests to ensure the Region has sufficient and appropriately located Employment Land in order to satisfy the Province. However, distribution of employment areas and final approval of the employment analysis will be approved by the Region. At the same time, the Region is contemplating urban area expansions in Niagara Falls, West Lincoln, Pelham and Fort Erie. These expansions present opportunities for the City to appropriately designate land in concert with the immediate pressures to change land uses to fulfill the City’s needs. Considering the complex nature of these broader land use changes, we believe it is incumbent upon the City to approach the various interests in broader City (and Regional) Planning requirements and make decisions in a comprehensive manner. It is for this reason that we believe the application to amend the Official Plan for the aforementioned properties is premature. Accordingly, we respectfully request that any decision by Council be deferred until such time as a holistic planning methodology has examined the complexity of city wide land use options and determined a clear path forward. Respectfully, Daniel Romanko, MCIP, RPP, CNU-A Page 361 of 990 1 Julie Hannah From:Daniel Romanko Sent:Monday, January 17, 2022 10:38 AM To: Cc: Julie Hannah Subject:[EXTERNAL]-Employment Lands Conversion & WWTP Attachments:2022 01 17 Letter to City re WWTP and Mixed Use.pdf Hello Brian, Further to comments per our earlier letter, we are providing additional information in support of mixed use for the Grassy Brook Secondary Plan Area. In particular, the attachments to the enclosed letter illustrate Regional examples that demonstrate the compatibility of Wastewater Treatment plants and adjacent residential development. If you have any questions regarding the information provided, please don’t hesitate to contact us. Thanks, Dan Daniel Romanko, MCIP, RPP, CNU-A The BNI office is OPEN! We’re available to meet with you safely at our office, via teleconference or Zoom. Please contact a member of our team if you’d like to schedule an appointment. CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 362 of 990 2022 01 17 Brian Dick Manager of Planning Policy City of Niagara Falls 4310 Queen St. P.O. Box 1023 Niagara Falls, ON L2E 6X5 Dear Mr. Dick, Further to comments provided in our letter of September 13, 2021 (addressed to Alex Herlovitch) we wanted to provide further information in opposition of the proposed designation of the Grassy Brook Secondary Plan Area (defined by the QEW to the west, Welland River to the north, Stanley Avenue to the east and Reixinger and Lyons Creek Roads to the south) as Employment Land. As you are aware, our clients, Global Country of World Peace, own the 7147 Reixinger Road and 5789 Lyons Creek Road properties in the Grassy Brook Secondary Plan Area and have concerns that the highest and best use of the land would not be served if it is converted to Employment (or light industrial) Land. As previously stated, a large proportion of the approximate 500+ acre Secondary Plan area is encumbered by ecological features (wetlands, woodlots, shoreline) and their associated setbacks. Additional environmental studies need to be completed before any development approval can occur. Similarly, there are some potential sources of environmental contamination stemming from adjacent land uses along with known archaeological resources, all of which require extensive investigation and study to clear the land for development. However, despite the development constraints the ecological features propose, they make for an ideal backdrop for a mixed use neighbourhood. The northern limits of this Secondary Plan Area are bounded by the Welland River which offers riparian access and public amenity opportunity for recreation. This valuable resource is best enjoyed by the public and the City provided direction to our client earlier that a recreational trail should be developed along the southern shore of the River. Put simply, this is prime real estate that is best used for mixed use as it is arguably more compatible than light industrial uses ever would be. The anticipated location of the proposed Wastewater Treatment plant expands development opportunities south of the Welland River, including the Grassy Brook Secondary Plan Area and future hospital site (and adjacent lands) on the west side of the QEW. Planning for mixed use of higher density in the Grassy Brook Secondary Plan Page 363 of 990 area would benefit land uses that can make the most use of the treatment plant, all within close proximity. Yet concerns have been expressed regarding the compatibility of wastewater treatment plants and adjacent residential uses. While that would seem to be a logical conclusion, the reality is that wastewater treatment plants historically exist adjacent to residential uses with minimal concern from the residents that live there. The attached appendix highlights examples of this condition within the Niagara Region – naturally this is true elsewhere in southern Ontario. Furthermore, modern abatement technologies address issues of odour resulting in conditions of adjacent residential land use which support the examples provided. Even the Region’s wastewater treatment plan consultant (BluePlan) has noted that modern Wastewater Treatment Plants no longer require extreme setbacks given the progress in odour abatement technologies. Indeed, the location of the proposed plant from a land use perspective is well served to accommodate a community of several thousand in addition to the South Niagara Hospital and associated uses planned west of the QEW. Accordingly, the proposed location is well-placed to serve a higher density residential & commercial development but would not be leveraged to the same degree next to employment lands. Wastewater treatment plants have proven to be compatible with residential neighbourhoods as the attached examples demonstrate. The ecological and archaeological features of the site pose unique circumstances that are best supported through the development of primarily residential and commercial uses. Accordingly, a change to Employment Land for this area is not in the best interest of the City, nor does it represent the highest and best use of the property. Submitted by: Daniel Romanko, MCIP, RPP, CNU-A cc. Page 364 of 990 0 2018 – The Regional Municipality of Niagara and its suppliers. All Rights Reserved. Produced (in part) under license from: © 2018 OF THE QUEEN’S PRINTER FOR ONTARIO. ALL RIGHTS RESERVED; © Teranet Enterprises Inc. and its suppliers. All rights reserved. Not a plan of survey; 2006 Air Photos courtesy of First Base Solutions Inc.; 1934 Air Photos courtesy of Brock University. 0.3 Kilometers0.3 Notes Legend This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. This map is not to be used for navigation. 0.13 Niagara Navigator VACANTLANDVACANTLAND VACANTLANDVACANTLAND RESIDENTIALRESIDENTIAL RESIDENTIALRESIDENTIAL CEMETERYCEMETERY Fort Erie Page 365 of 990 0 2018 – The Regional Municipality of Niagara and its suppliers. All Rights Reserved. Produced (in part) under license from: © 2018 OF THE QUEEN’S PRINTER FOR ONTARIO. ALL RIGHTS RESERVED; © Teranet Enterprises Inc. and its suppliers. All rights reserved. Not a plan of survey; 2006 Air Photos courtesy of First Base Solutions Inc.; 1934 Air Photos courtesy of Brock University. 0.3 Kilometers0.3 Notes Legend This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. This map is not to be used for navigation. 0.13 Niagara Navigator RESIDENTIAL RESIDENTIAL RESIDENTIAL RESIDENTIAL PARK Grimsby Page 366 of 990 0 2018 – The Regional Municipality of Niagara and its suppliers. All Rights Reserved. Produced (in part) under license from: © 2018 OF THE QUEEN’S PRINTER FOR ONTARIO. ALL RIGHTS RESERVED; © Teranet Enterprises Inc. and its suppliers. All rights reserved. Not a plan of survey; 2006 Air Photos courtesy of First Base Solutions Inc.; 1934 Air Photos courtesy of Brock University. 0.3 Kilometers0.3 Notes Legend This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. This map is not to be used for navigation. 0.13 Niagara Navigator RESIDENTIAL INDUSTRIAL INDUSTRIAL EPA INDUSTRIAL Niagara Falls Page 367 of 990 0 2018 – The Regional Municipality of Niagara and its suppliers. All Rights Reserved. Produced (in part) under license from: © 2018 OF THE QUEEN’S PRINTER FOR ONTARIO. ALL RIGHTS RESERVED; © Teranet Enterprises Inc. and its suppliers. All rights reserved. Not a plan of survey; 2006 Air Photos courtesy of First Base Solutions Inc.; 1934 Air Photos courtesy of Brock University. 0.3 Kilometers0.3 Notes Legend This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. This map is not to be used for navigation. 0.13 Niagara Navigator RESIDENTIAL INDUSTRIAL INDUSTRIAL INDUSTRIAL Port Colborne Page 368 of 990 0 2018 – The Regional Municipality of Niagara and its suppliers. All Rights Reserved. Produced (in part) under license from: © 2018 OF THE QUEEN’S PRINTER FOR ONTARIO. ALL RIGHTS RESERVED; © Teranet Enterprises Inc. and its suppliers. All rights reserved. Not a plan of survey; 2006 Air Photos courtesy of First Base Solutions Inc.; 1934 Air Photos courtesy of Brock University. 0.3 Kilometers0.3 Notes Legend This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. This map is not to be used for navigation. 0.13 Niagara Navigator RESIDENTIAL RESIDENTIAL RESIDENTIAL INSTITUTIONAL St.Catharines Port Dalhousie Page 369 of 990 0 2018 – The Regional Municipality of Niagara and its suppliers. All Rights Reserved. Produced (in part) under license from: © 2018 OF THE QUEEN’S PRINTER FOR ONTARIO. ALL RIGHTS RESERVED; © Teranet Enterprises Inc. and its suppliers. All rights reserved. Not a plan of survey; 2006 Air Photos courtesy of First Base Solutions Inc.; 1934 Air Photos courtesy of Brock University. 0.5 Kilometers0.5 Notes Legend This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. This map is not to be used for navigation. 0.25 Niagara Navigator RESIDENTIAL RESIDENTIAL GREEN SPACE COMMERCIAL St. Catharines Port Weller Page 370 of 990 0 2018 – The Regional Municipality of Niagara and its suppliers. All Rights Reserved. Produced (in part) under license from: © 2018 OF THE QUEEN’S PRINTER FOR ONTARIO. ALL RIGHTS RESERVED; © Teranet Enterprises Inc. and its suppliers. All rights reserved. Not a plan of survey; 2006 Air Photos courtesy of First Base Solutions Inc.; 1934 Air Photos courtesy of Brock University. 0.3 Kilometers0.3 Notes Legend This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. This map is not to be used for navigation. 0.13 Niagara Navigator RESIDENTIAL GREEN SPACE GREEN SPACE Niagara-On- The-Lake Queenston Page 371 of 990 0 2018 – The Regional Municipality of Niagara and its suppliers. All Rights Reserved. Produced (in part) under license from: © 2018 OF THE QUEEN’S PRINTER FOR ONTARIO. ALL RIGHTS RESERVED; © Teranet Enterprises Inc. and its suppliers. All rights reserved. Not a plan of survey; 2006 Air Photos courtesy of First Base Solutions Inc.; 1934 Air Photos courtesy of Brock University. 0.3 Kilometers0.3 Notes Legend This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. This map is not to be used for navigation. 0.13 Niagara Navigator Page 372 of 990 0 2018 – The Regional Municipality of Niagara and its suppliers. All Rights Reserved. Produced (in part) under license from: © 2018 OF THE QUEEN’S PRINTER FOR ONTARIO. ALL RIGHTS RESERVED; © Teranet Enterprises Inc. and its suppliers. All rights reserved. Not a plan of survey; 2006 Air Photos courtesy of First Base Solutions Inc.; 1934 Air Photos courtesy of Brock University. 0.3 Kilometers0.3 Notes Legend This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. This map is not to be used for navigation. 0.13 Niagara Navigator Page 373 of 990 Legend Notes0.10.06 2018 – The Regional Municipality of Niagara and its suppliers. All Rights Reserved. Produced (in part) under license from: © 2018 OF THE QUEEN’S PRINTER FOR ONTARIO. ALL RIGHTS RESERVED; © Teranet Enterprises Inc. and its suppliers. All rights reserved. Not a plan of survey; 2006 Air Photos courtesy of First Base Solutions Inc.; 1934 Air Photos courtesy of Brock University. 0.1 0 Kilometers This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. This map is not to be used for navigation.Page 374 of 990 Niagara Falls City Council Re: Official Plan amendment Application, City file: AM –2021-016 I am opposed to the rezoning of lands at 8970 and 9015 Stanley Avenue and Lands on the South Side of Lyons Creek Road, East of Stanley Avenue. This area is zoned Open Space lands, Environmental Protection areas, and the property should not be redesignated to Mixed Use Development, including Residential. The majority of the area in question is located where the old Oaklands Gold course was, on the Welland River, and across the street on the Lyons creek side, which is designated in the City’s Official Plan, (FUTURE LAND USE) as “OPEN SPACE” and Environmental protected and should remain as such. The proposed area is surrounded by water and marshy conditions. The environmental impact of the proposed development on the ecosystem would be enormous, by disturbing this valuable and fragile area that is full of wetlands, and environmentally protected areas. Schedule A to the City’s Official Plan, Future Land Use, has wisely designated a large portion of this area as OPEN SPACE and Environmental Conservation Area. It needs to remain this designation. The Official Plan, Land Use Policies, provides: Section 12 - OPEN SPACE: It is the intent of this Plan to promote and enhance an attractive community environment through the development and maintenance of appropriate recreation and open space areas. Open space areas will be preserved for the benefit and enjoyment of the natural environment. 12.3 “Where land designated Open Space is the subject of a proposed development, Council will ensure that the lands be developed in a manner complementing the open space character of the land and preserving the natural environment”. Council has an opportunity to revisit Niagara’s Future Plan before approving further rezoning applications of this type. Decisions need to be made for the wellbeing of others and future generations when we are no longer here. It's time to live a little smarter, and healthier, with someone else's wellbeing in mind. Concerns of food security, clean water and air and other environmental concerns are of utmost urgency and Niagara's steps can benefit us all and our families. Page 375 of 990 Have you ever heard the frog, spring peeper? Well in Chippawa it’s a common sound in the spring and throughout the summer. Early evenings leave the air full of the sweet peep of these frogs. They are not threatened yet, but are declining and cannot thrive in areas characterized by Urbanization. We love this area because of its natural environment, including golf, cycling, hiking, fishing, hunting, recreational boating, and the enjoyment the Welland River provides Chippawa. This is a unique and special place in Niagara. A “GEM” as it has been described by our own Mayor. It provides a wealth of activities and our own escape, that allows us to stay in Niagara and enjoy our own backyards, keeping our money here in Niagara, as well. There are no other high density residential homes along the river. As such, I am also concerned about the impact of garbage in the waterways if there are high density residential properties in close proximity to the river. Recycle bins blow garbage around our city streets on regular basis, and that garbage collects in water intakes and waterways, imagine the impact when the recycle starts blowing around this proposed neighborhood, right beside the Welland River? Are there other high-density communities built in the middle of this waterway? Building in these areas will cause Isolation and fragmentation of wildlife, loss of habitat. This is the cause of species becoming at risk, endangered or finally extinct. We must work together to preserve the natural environment in this and all Niagara areas. 35% of Ontario’s existing reptiles are listed nationally and provincially at Risk. Reptiles and amphibians are experiencing global declines of 20%-40%, in Ontario that decline is 75%. A few of the at risk, endangered, or specially protected that live in the Lyons Creek Welland River area, are; Blandings turtle, Snapping turtle, Midland Painted turtle, Norther Map turtle, Spotted turtle, Wood turtle, Blue Spotted Salamander, Spotted Salamander, Mudpuppy. Canada is failing the environment, Niagara is failing the environment, we already have lost many species due to habitat loss from development. Is this the legacy we want to leave? Page 376 of 990 The vehicle traffic that will increase with this development will negatively impact these animals as they try to migrate and survive. They need to move around for food and shelter, and mating, for their survival. The Ecosystem here has species that rely on being able to migrate to reproduce. There are many at risk and endangered turtles in this area that need to go to where they can lay eggs, year after year, and back to the water. If roads and homes are built in this area this will have a detrimental effect on this migration, breeding and ultimately the survival of the ecosystem. The turtle is an “indicator species”, which means they reflect the health of ecosystems they live in. They are the “water ways”, “canary in the coalmine”! They keep others in check; leaches, crayfish, beetles, fish, small invertebrates. Their Eggs are a source of food for small animals in the chain of life. They are older than dinosaurs. The barn owl is common all over the world except in Canada. It is listed as Endangered in Canada, due to the loss of habitat and lack of areas for nesting. Now it is only common in British Columbia, after becoming extremely rare in a previous habitat in Southern Ontario. In spite of a Recovery Strategy, in 2007- 2010, only a handful of breeding barn owls existed in Ontario in 2018. This is primarily due to loss of grasslands where they hunted, predation, road mortality and rodenticides. We can’t have this pattern continue. Why do we have to wait for something to become extinct before we get interested? We should love and protect what is still here. The Species living here need to remain part of this ecosystem, reproducing, laying eggs, cleaning the water, and living and dying as they have for many years. If we don’t take care of them, they will be endangered, or gone like the barn owl, and the dinosaur. This ecosystem needs to be left alone. This is recognized in the Official Plan with the current designations of open space and environmentally protected and should remain as such. Development cannot continue without regard to previously and constant recognized Official Use for these lands. Regards, Janet Krowchuk Page 377 of 990 Page 378 of 990 RE: PROPOSED REZONING & DEVELOPMENT Short list of species that are at risk or endangered and live in this area. Blandings turtle, due to fragmenting habitats,,, their habitat is automatically protected according to Ontario. Ca at risk due to loss of wetlands and surrounding vegitation Snapping turtle – special concern, at risk 15 – 20 years to reach maturity, and live to 100 years. 90% of its diet is dean animal and plant matter, which plays an important role in keeping lakes , rivers, and wetlands clean. The eggs provide food for small animals. Midland Painted TURTLE – special concern , stable for now but its habitat makes its species susceptible to same threats that have caused the devlin e of ontarios other 7 species loss of habitat. Northern Map turtle , Spotted Turtle – endangered Wood turtle – endangered Blue spotted salamander – specially protected Spotted salamander – protected amphibian Mudpuppy Page 379 of 990 Have you ever heard the frog, spring peeper? Well in Chippawa it’s a common sound in the spring throughout the summer. Early evenings leave the air full of the sweet peep of these frogs. They are not threatened yet but is declining and cannot thrive in areas characterized by Urbanization and agricultural development. We love this area because of its recreational boating, and the enjoyment the Welland River provides Chippawa. This is a unique and special place in Niagara. A GEM” as it has been described by our own Mayor. It provides a wealth of activities and our own escape, that allows us to stay in Niagara and enjoy our own backyards, keeping our money here in Niagara, as well. I am opposed to the rezoning of the Open Space lands, the Environmental Protection areas, and that they not be redesignated to Residential. The area is zoned in the City’s FUTURE LAND USE as OPEN SPACE and should remain as such. The environmental impact would be enormous in disturbing this valuable and fragile area that is full of wetlands, and environmentally protected areas. Schedule A to the Official Plan, Future Land Use, as devised by the City, has wisely designated a large portion of this area as OPEN SPACE and Environmental Conservation Area. It needs to remain this designation . LAND USE POLICIES For the City of Niagara Falls, describes Open Space as: Section 12 - OPEN SPACE: It is the intent of this Plan to promote and enhance an attractive community environment through the development and maintenance of appropriate recreation and open space areas. Open space areas will be preserved for the benefit and enjoyment of the natural environment. 12.3 “Where land designated Open Space is the subject of a proposed development, Council will ensure that the lands be developed in a manner complementing the open space character of the land and preserving the natural environment”. Page 380 of 990 This area must remain Natural and Open space. The vehicle traffic that will increase with this development will negatively impact these animals as they try to migrate and survive. I am concerned about the impact of garbage in the waterways if there is residential in close proximity to the river. There are no other high density residential homes along the river. Recycle bins blow garbage around our city streets on regular basis, and that garbage collects in water intakes and waterways, imagine the impact when the recycle starts blowing around this proposed neighborhood, right beside the Welland River? Building in these areas will cause Isolation and fragmentation of wildlife, loss of habitat. This is the cause of species becoming at risk, endangered or finally extinct. We must work together to preserve the natural environment in this and all Niagara areas. Ontario’s rate of decline is 75% of Reptiles, and 35% of reptiles are listed nationally and provincially at Risk. Reptiles and amphibians are experiencing global declines of 20%-40%. Canada is failing the environment, Niagara is failing the environment, we already have lost many species due to habitat loss from development. Is this the legacy we want to leave? This Ecosystem has species that rely on being able to migrate to reproduce. There are many at risk and endangered turtles in this area that need to go to where they can lay eggs, year after year, and back to the water. If roads and homes are built in this area this will have a detrimental effect on this migration, breeding and ultimately the survival of the ecosystem. The turtle is an indicator species, which means they reflect the health of ecosystems, they live in. They are the water ways, canary in the coalmine! They keep others in check, leaches, crayfish, beetles fish, small invertebrates. Eggs feed small animals in chain of life. Older than dinosaurs. Why do we have to wait for something to become extinct before we get interested. We should love what is still here. Page 381 of 990 The barn owl is common all over the world except in Canada! Only in British Columbia , after becoming extremely rare in a previous habitat in Southern Ontario. Inspite of a Recovery Strategy , in 2007-2010 in Ontario, only a handful of breeding barn owls existing in 2018. This is primarily due to loss of grasslands where they hunted, predation, road mortality and rodenticides THE BARN OWL IS LISTED AS ENDGANGERED, OVERALL IN CANADA DUE TO LOSS OF HABITAT AND LACK OF NESTING The Species living here need to remain part of this ecosystem, reproducing, laying eggs , cleaning the water, and living and dying as they have for many years , if we don’t take care of them they will be endangered, and the rest or gone like the barn owl, and the dinosaur. This ecosystem needs to be left alone. Page 382 of 990 1 Julie Hannah From:Janet Krowchuk Sent:January 17, 2022 1:55 PM To:Julie Hannah; Jim Diodati; Chris Dabrowski; Wayne Campbell; Carolynn Ioannoni; Mike Strange; Wayne Thomson Fallview Account; Lori Lococo; Victor Pietrangelo; Vince Kerrio; Planning Emails Subject:[EXTERNAL]-wrong email sent Attachments:council.docx Dear Niagara City Council Members: Please ignore the previous email, very sorry for having sent the wrong copy of email, please take the time to read the attached letter. regards, Janet Krowchuk CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 383 of 990 1 Julie Hannah From:Janet Krowchuk Sent:January 17, 2022 12:45 PM To:Julie Hannah; Jim Diodati; Chris Dabrowski; Wayne Campbell; Carolynn Ioannoni; Mike Strange; Wayne Thomson Fallview Account; Lori Lococo; Victor Pietrangelo; vkerrio@niagarfalls.ca; Planning Emails Subject:[EXTERNAL]-Proposed Rezoning of Conservation Lands Attachments:Document 5 (2).docx Dear Council members: I am writing regarding my opposition to the Proposed Rezoning of an Environmental Protection Area, and Environmental Conservation Area, which were previously deemed Open space by Schedule A of the City's Official plan of Future Use. A letter is Attached. Regards, Janet Krowchuk CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 384 of 990 1 Julie Hannah From:Liz Benneian Sent:Thursday, January 20, 2022 3:04 PM To:Julie Hannah Subject:Re: Questions re. Lyons Creek area development and Chippawa are development Hi Julie: I just wanted clarification on one item: I know the Lyons Creek area application is not an urban boundary expansion as it is already in the urban boundary. What I was asking is whether the potential number of residents/employment from the development of the property was taken into consideration when NF staff and Regional staff were considering how to meet the population projections to 2051 as part of the Municipal Comprehensive Review. Thanks, Liz On Tue, Jan 18, 2022 at 2:37 PM Julie Hannah <jhannah@niagarafalls.ca> wrote: Good afternoon Liz, Sorry for the delay—I had reached out to a colleague for assistance in answering your questions. My colleague, Brian Dick, is working on the Grassy Brook Secondary Plan and the City’s Employment Strategy so he will be able to answer your questions in detail. His contact information is: bdick@niagarafalls.ca. In terms of the land covered under the application, it is within the Built-up Boundary so was not the subject of a urban boundary expansion. The Grassy Brook Secondary Plan is being initiated this spring. There currently is not a secondary plan for this area. In terms of the Employment Lands Strategy, the April 20, 2021 Council agenda has report PBD-2021-18 which includes the Phase 2 Report. I understand that Council directed staff to proceed to Phase 3 which involved public consultation. In terms of the new proposed South Niagara Falls wastewater treatment plant, I found a webpage that provides Regional contacts and information: Page 385 of 990 2 https://www.niagararegion.ca/projects/south-niagara-falls-treatment-plant/ Hope you are having a nice day, Julie Julie Hannah, MES, MA, MCIP, RPP | Planner 2 | Planning, Building, and Development | City of Niagara Falls 4310 Queen Street | Niagara Falls, ON L2E 6X5 | (905) 356-7521 ext 4107 | Fax 905-356-2354 | jhannah@niagarafalls.ca From: Liz Benneian Sent: Thursday, January 13, 2022 12:52 PM To: Julie Hannah <jhannah@niagarafalls.ca> Subject: Questions re. Lyons Creek area development and Chippawa are development Hi Julie: A couple of questions: Was the potential residential population for the land covered in this OPA application AM-2021-016 considered as part of the Municipal comprehensive Review and the Urban Boundary Expansions? Also, you mentioned the Grassy Brook Secondary plan: I found links to a plan from 2017 and an EIS for the same year on NF planning pages. Have they been updated or is there a new plan in the works or is this what you were referring to? In any case, where is this now in the planning process? A consultant for another developer at the meeting mentioned an Employment Lands study. I found information on the website about it but it said a final report was expected by September 2021. Has there been a final report? If so, where can I find it? If not, when is it expected? Page 386 of 990 3 Finally, where can I find information on the new waste water treatment plant that would service the Chippawa area and when is it expected to be in operation? Thanks for all your help with this. All the best, Liz Benneian Page 387 of 990 1 Julie Hannah From:Sarah Ward Sent:Thursday, January 20, 2022 1:23 PM To:Julie Hannah Subject:[EXTERNAL]-Question on contacts for city planning Hi Julie, Could you share the names and contact information with everyone who is involved in city planning- and perhaps a brief explanation of their job and responsibilities? I just need clarification of who are the appropriate people to contact or share information with. Could you help me with this or provide the contact with whom I should ask? Best Regards, Sarah Ward Get Outlook for Android CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 388 of 990 jhannah clerk Zoning by-law amendment application- City file AM-2021-016 I am opposed to the by-law amendment application for the Conservation/Open space lands to change. I am requesting that this amendment is opposed by Council. I am not against development. I am for responsible development. These lands must be preserved and restored. Building should only occur in appropriate areas in order to achieve sustainable and responsible dev0.elopment. Why would the city consider rezoning Open Space /Conservation lands to residential? The City of Niagara Falls Official Plan had determined this area should be Open Space/Conservation Land, and it should remain as such. This City as a whole has to make more responsible development decisions. Destroying the land zoned conservation-Open Space, would result in the destruction of the tree canopy, the ecological connection that works symbiotically would be destroyed and the environmental impact would be felt for generations ! Affecting the large birds of prey, to the aquatic species, insects such as the Monarch Butterfly and its host plant the Milkweed , among many other at risk or endangered wildlife, and vegetation, as well as us humans ! Many things are of concern if this Open Space area is developed, and protection is not provided to Environmentally important areas. The following are excerpts from several sections of the Official Plan , specifically, Environmental Protection area (EPA) and Environmental Conservation Area (ECA) as layed out for the Riverfront Community Plan, which I feel applies significantly to this by-law application 11.2 It is the aim of this Plan to protect, maintain and enhance the important ecological and environmental features with in the City. Areas designated EPA are to receive the highest level of protection with policies that prohibit development or site alteration. The Environmental Conservation Areas are important natural heritage areas where some restricted development or site alteration may occur if supported by an environmental impact study. The individual features protected through the EPA and ECA designations are most often interconnected through their location and function. The function of the natural heritage features within the ecosystem are to be identified, maintained, and if at all possible, improved as identified in studies required through the planning process referred to in Section 11.1 These policies aim to preserve natural heritage features for this purpose and for ensuring that the quality and quantity of our water, plant life, animal life, air and soils are improved for our present health and the health of future generations. Page 389 of 990 Endangered Species Act Please explain Significant Species habitat relocation. How does this work? Does someone move the turtles and wildlife? Why not leave it where it is? The Lands where the habitat is to be relocated will be designated EPA, so why not leave it undisturbed. Do the turtles and birds and other wild life get a change of address notice? Linkages and natural corridors must be provided to facilitate species movement and maintain biodiversity. These can be provided by parks , open space as well as natural corridors. This Open Space is a natural corridor. 2.5.21 Tree saving plans .... identify existing mature trees located outside of the EPA and buffers to preserve and integrate them into the built environment where possible. Niagara needs to save as many trees as they can. Part 5 - Secondary Plans Section 4 – Riverfront community Plan The Secondary Plans indicates that the creation of Natural Heritage Systems that include provincially significant wetlands among other natural heritage features that will provide the core for a healthy and green community structure. To sum up the City of Niagara Falls Official plan, on Riverfront communities along the Welland River . Highlighting the environmental impact on the area if the Open space is allowed to be developed; We must sustain and enhance the natural environment and protect our Provincially significant Wetlands and promote and provide opportunities for functional linkages of protected areas . We must preserve the existing mature trees. Niagara is far behind on the mandate for tree canopy. 2” caliper trees do not make up or replace a tree canopy of old growth, in an area of homes, parking lots and streets. We must encourage environmentally sustainable development, which consider climate change resiliency We must provide integrated open spaces, greenways , Environmental protection and parkland systems . We must adhere to the City’s Official Plan designation of Environmental protected, and Open space lands . I am opposed to the by-law amendment application for the Open Space/Conservation lands to change! Please oppose this amendment application. Sincerely, Janet Krowchuk Page 390 of 990 1 Julie Hannah From:Janet Krowchuk <jkrowchuk@yahoo.ca> Sent:Tuesday, September 13, 2022 12:29 PM To:Julie Hannah; Clerk; Kira Dolch; smastroianni@npca.ca; Wayne Campbell; Chris Dabrowski Personal; lori@lorilococco.com; Victor Pietrangelo; Mike Strange Hotmail; Wayne Thomson Fallview Account; bob.gale@niagararegion.ca; barbara.greenwood@niagararegion.ca; jim.bradley@niagararegion.ca; CouncilMembers; Jim Diodati Subject:[EXTERNAL]-Official Plan Amendment application - City File AM-2022-015 Oaklands King Waldorf Attachments:Conservation lands City council.odt Hello, my name is Janet Krowchuk I live at I am opposed to the current Zoning By-law amendment application. for this property. I also do not approve of the conservation/Open Space to Site Specific Residential (R3-X). Block Townhouses and apartments in this area should not be allowed, and this area should be preserved in a natural state. Todays open house (September 13 , 2022, @ 5PM) is important for you to attend if possible, as you will be making a very important decision on this very special piece of Environmentally protected lands. Please open the attached letter. Sincerely , Janet Krowchuk CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 391 of 990 1 Julie Hannah From:Jocelyne Griffin Sent:Monday, September 12, 2022 7:47 AM To:Julie Hannah Subject:[EXTERNAL]-AM-2022-015 Zoning by-law amendment Dear J Hannah, city clerk@ niagarafalls.ca We don't approve of the application for the conservation open space of Oakland Golf Course and King Waldorf to be developed into over 1300 homes. We cannot afford to lose more green space as well as our at risk wildlife species who strive in their domain!! We definitely do not need more traffic congestion in our beautiful little "village of Chippawa!" We currently have over 1000 vehicles driving down our little stretch of road, Stanley Ave. where we reside and can barely get out of our own driveway safely as vehicles are speeding over the bridge and the speed limit is 50KM. It is unimaginable to add to tge traffic congestion which would be a result if this zoning is approved!! We all need to keep these wetlands and tree canopy for all to enjoy for many years to come. Please do not approve this development!! Kind regards, Jocelyne & Jerry Griffin Sent from my Galaxy CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 392 of 990 1 Julie Hannah From:abycat Sent:Monday, September 12, 2022 12:53 PM To:Julie Hannah; Clerk Subject:[EXTERNAL]-Zoning proposal on Stanley Ave S n Lyons Creek rd Area The area I’m concerned with is around Stanley Ave S n Lyons Creek Rd. Please amend this zoning proposal to protect our natural beauty n our other living species. Also we currently have a lot of fast going idiots using Stanley S to Rexinger going towards Ort Rd as a short cut. We have a lot of turtles that were killed ard the bridge. We don’t need more traffic on our Rd. We have in this area deer, butterflies, frog etc all this need protection n not destruction AM-2022-015 Zoning by-law amendment application for the conservation/ open space should not be approved and the land should be preserved and restored. Building should only occur in appropriate areas in order to achieve sustainable and responsible development. Kathy Vormittag Sent from Yahoo Mail for iPhone CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 393 of 990 1 Julie Hannah From:Ken Bradfield Sent:Friday, September 9, 2022 4:08 PM To:Julie Hannah Subject:[EXTERNAL]-Rezoning Lyons creek Follow Up Flag:Follow up Flag Status:Completed Stop the rezoning! Please! Sent from my iPad CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 394 of 990 1 Julie Hannah From:Clerk Sent:Tuesday, September 13, 2022 3:17 PM To:Julie Hannah Subject:FW: [EXTERNAL]-Proposed Housing Development on Lyons Creek Road- Stanley Ave. S Marineland Campground Not sure if you got this one since I see your email address was not entered correctly. From: Lauraine Mantej Sent: Tuesday, September 13, 2022 12:08 PM To: hhabbah@niagarafalls.ca; Clerk <clerk@niagarafalls.ca>; Kira Dolch <kdolch@niagarafalls.ca>; smastroinni@npca.ca; Subject: [EXTERNAL]-Proposed Housing Development on Lyons Creek Road- Stanley Ave. S Marineland Campground To those in the city, please do not change any Zoning Conservation Open Spaces. There is enough land around Chippawa and Niagara Falls. Let them build farther away in area that is not our green space. We are getting too congested so close to this area, already. We have so many unused areas without taking conservation Open Spaces. Please do not rezone Any more Open Spaces. Please be wise and spread out the developments more. That land is for our children and their children to enjoy. Our for fathers new the value it holds. Thank You, Lauraine Mantej Get Outlook for iOS CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 395 of 990 1 Julie Hannah From:Leslie Laan Sent:Tuesday, September 13, 2022 12:20 PM To:Julie Hannah; Clerk Subject:[EXTERNAL]-Written submission OPPOSING the proposed by-law amendments Am-2021-15) and (AM-2021-16) by applicant 2610832 Ontario Inc. (Craig Rohe - upper Canada Consultants) Acting Agent Hello Julie, I am writing to state that I have grave concerns about the proposed zoning bylaw amendments (AM-2021-15) and (AM- 2021-16) affecting the presently zoned conservation/open space lands and destruction of 100 year old tree canopy on the Lyons Narrows development lands. Firstly, I am cornered by the fact that the developer seems to be trying to push this project through without the necessary and required supporting studies having been done to this point and stating that they will be submitted at some future date. Thus opening the door for them to start alterations to the property in advance of receiving approvals. This may result in the destruction of the natural habitat as well as the many species at risk it supports. It may also destroy any cultural heritage that may be on these sites ( ie indigenous relics and historic artifacts and possible burial sites) I would like to state that I oppose amendment as it will have a direct and deleterious affect on so many eco systems and put further pressure on already challenged and at risk species and Biodiversity in the surrounding waterways and open meadowlands. I also have some potential alternatives for developing on these particular spaces that may be acceptable to all concerned. Thank you for your time and efforts in this process. In general this whole process seems to be trying to be "fast tracked" for some reason which in itself is a concern. If I as a private homeowner were to apply for a similar amendment on my own property, I would be required by the various levels of government and bodies of oversight, to practice my due diligence!!! I would expect that all applicants be mandated to follow the same due diligence regardless of their stature in the community. Please let me state that I am not opposed to development. I do however feel that the city has a unique opportunity with this development to create a development that will keep the intact natural heritage on these lands and and build a community that addresses the very real conditions of climate change we are already experiencing. Please make responsible and ethical choices regarding this and other developments, that your present constituents and future generation would be proud to call home. Thank you for your time and efforts on this. Sincerely, Leslie Laan Sent from my iPhone CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 396 of 990 1 Julie Hannah From:Linda Sharma Sent:Monday, September 12, 2022 9:19 PM To:Julie Hannah Subject:[EXTERNAL]-AM-2022-015 Zoning by-law amendment application To Whom It May Concern, As a very concerned citizen, I vehemently oppose the AM-2022-015 Zoning by-law amendment application for the conservation open space. There are unique species in this area. They are species at risk, and as such, the amendment should not be approved and the land should be preserved and restored. Building should only occur in appropriate areas in order to achieve sustainable and responsible development. Sincerely, Sent from my iPhone CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 397 of 990 1 Julie Hannah From:Clerk Sent:Tuesday, September 13, 2022 9:01 AM To:Julie Hannah Subject:FW: [EXTERNAL]-AM-2022-015 Zoning by-law amendment FYI Original Message----- From: Linda Sharma Sent: Monday, September 12, 2022 9:19 PM To: Clerk <clerk@niagarafalls.ca> Subject: [EXTERNAL]-AM-2022-015 Zoning by-law amendment AM-2022-015 Zoning by-law amendment application for the conservation open space should not be approved and the land should be preserved and restored. Building should only occur in appropriate areas in order to achieve sustainable and responsible development. Sent from my iPhone CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 398 of 990 1 Julie Hannah From:Liz Foreman Sent:Monday, September 12, 2022 10:23 AM To:Julie Hannah; Jim Diodati; Clerk; Kira Dolch; smastroianni@npca.ca; pietrangelo@hotmail.com; Mike Strange Hotmail; wthomson@cogeco.ca; Subject:[EXTERNAL]-City File: AM-2022-015 Oaklands King Waldorf-Official Plan Amendment Application Importance:High Keep our Conservation Lands protected. NO to zoning change! Kind Regards, Elizabeth Foreman Email: CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 399 of 990 1 Julie Hannah From:Lorie Weltz Sent:Tuesday, September 13, 2022 3:51 PM To:Julie Hannah; Jim Diodati; Clerk; Kira Dolch; smastroianni@npca.ca; Wcampbell423@cogeco.ca; lori@lorilococo.com; v&a pietrangelo; Mike Strange Hotmail; wthomson@cogeco.ca; Subject:[EXTERNAL]-Conservation Lands? Chippawa Good Afternoon, I am sending this email to you All in regards to the Zoning of the “Conservation Land” to be a “Multi– Residential and Development”. I along with many Residents of Chippawa and Niagara Totally Disagree with this and I would Hope that you are still there working for the Residents that Voted you in to represent Us. Chippawa is getting so overwhelmed with developments that the Infrastructure can not take anymore as you all know due to the fact of our constant concerns are always being voiced and brought to your attention along with many many other concerns. When I first moved to Chippawa I use to see deer in the fields and crossing the road to get to water and eat, we had ducks walking up our driveway along with the turtles and other defenceless animals that are losing there homes so the developers can line there pockets. I understand that the world is growing and homes need built but there are many other places, cities and towns that can handle more builds and stop taking away from the small amount of land that the animals now have to live. I am asking you as a fellow human being to have respect for the lands that our animals need to survive. Thank you for taking the time to read my email. Lorie Weltz. Sent from Mail for Windows CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 400 of 990 1 Julie Hannah From:Jerry Laan Sent:March 3, 2022 8:02 PM To:Julie Hannah Subject:[EXTERNAL]-Letter of opposition to the Official Plan Amendment for AM-2021-016 To J.Hannah , This letter is to let you know I am opposed to the Official Plan Amendment for AM-2021-016 the former Oaklands Golf Course and King Waldorf Campground and adjacent lands (8970 and 9015 Stanley Avenue ). My name is Jerry Laan and I am a resident of Niagara Falls and have lived here more than fifty years. There are several reasons why I am opposed to the amendment. One is damage to the environment and wildlife , a second is it would be an unsafe place for a residential area and a third is it is not even recommended by city staff to change from "open space" to residential. Currently the area is used as a migratory stop off for birds and butterflies. There are a large number of trees also. Due to the heavy loss of our tree canopy from the Emerald Ash Borer we should not be cutting down a substantial amount of trees. We need to plant more , not cut down more. The area has environmentally sensitive waterways on two sides. Any development should take into consideration these waterways. The area would be unsafe for residential because of strong current and deep waters of the Welland River. Also Stanley Avenue and Lyons Creek Road are not pedestrian or bicycle friendly. I do not want people to get killed on our roads. There also may be environmentally hazardous waste buried in some places due to our industrial past. The area was also not recommended by the Niagara Falls City Staff to change from "open space" to residential. We live in an area that is "World Famous". We need to be more creative in how we use the land. I am sure you are aware of these issues , please take them into consideration. Thankyou. Jerry Laan CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 401 of 990 1 Julie Hannah From:Linda Sharma Sent:Tuesday, March 15, 2022 10:29 PM To:Julie Hannah Cc:Jim Diodati; Clerk; CouncilMembers; Subject:[EXTERNAL]-Opposition to Official Plan Amendment Application AM-2021-016 Follow Up Flag:Follow up Flag Status:Flagged Dear Planning, Building & Development Department, Mayor, and Council members, I am writing today to voice my opposition to the Official Plan Amendment (OPA) for AM-2021-016 the former Oaklands Old Golf course and King Waldorf Campground and adjacent lands (8970 and 9015 Stanley Avenue). My name is Dr. Linda Sharma, O.D.. I have been a dedicated optometrist to the Niagara Falls community and a resident of Chippawa, with direct access to the Welland River, affectionately called the “Chippawa Crick”, since February of 2004. My family and I regularly enjoy the experience of observing the wildlife and plants abundant in our immediate vicinity and those that run along the water way in Chippawa and beyond. What amazing bird life, fish, amphibians, and plants that can be seen on the banks of our river! Many times I’ve been startled by a coyote, deer, groundhog, or fox in my back yard and I often think on the fact that my property used to be a habitat for these animals and that their homes were removed because it was clear cut before I purchased it, along with the 5 other lots immediately adjacent to me. How much more will be the detrimental effect of the development of the large area on Stanley Avenue? When my home was built, the grading of my small subdivision was such that rain water flooded the basements of my neighbours who lived here decades before me. What will occur when a large subdivision is built within and adjacent to lands critical to the survival of “species at risk”? Please contemplate my personal experiences above as you also consider: The city’s own Land Use Policies in Part 2 Section 12 of the Official Plan for the City of Niagara Falls do not support the conversion of this “Open Space” land to “Residential”. These lands encompass two ecologically sensitive areas, Lyons Creek and the Welland River which will be harmed by this amendment. The OPA would redefine the location and extent of the Environmental Protection Area and Environmental Conservation Areas which would significantly REDUCE existing environmental protections. These land designations should not be amended to ensure policies for EPA and ECA are implemented. A multitude of plant and animal species at risk, species of concern, threatened and endangered species utilize this land. This OPA threatens biodiversity by disrupting migration patterns and destroying habitat. According to the City’s Official Plan, wetlands, woodlands and other natural heritage features and systems must be preserved. The Environmental Impact Statement (EIS) for this application submitted by the developer was found to be incomplete according to an independent peer review. Page 402 of 990 2 I do not have confidence in Environmental Impact Statement (EIS), as conclusions reached therein conflict with my lived experience and first-hand observations. Isn’t it true that the Niagara Peninsula Conservation Authority (NPCA) considers the current state of these lands a control measure in their flooding plans? What are the safeguards for protecting this area from flooding caused by climate change? Homeowners on adjacent lands are already experiencing flooding. Who will be liable for flooding risk of homes built on this land, wedged between the Welland River and Lyons Creek? I stand with my neighbours with a very informed opinion: Approving this OPA would be premature and irresponsible. More information and unbiased data analysis are needed before Staff, Mayor and Council should consider this application. At this time, no analysis of the cumulative impacts on ecological features and functions has been conducted. Council should commission an independent Scoped Environmental Impact Statement to be completed before this application is considered. With a more thorough report, we know you will find that priorities for these lands should include increasing setbacks and restoring natural vegetation in communities along the Welland River and Lyons Creek, revegetating areas between Lyons Creek Rd and Lyons Creek, and adding at least three semi terrestrial turtle corridors from under Lyons Creek Rd connecting across to Welland River. Please refer to the Environmental Policies outlined in Section 2 Part 11 of the Official Plan for the City of Niagara Falls and implement sustainable planning solutions described therein. For privately owned lands such as these, land purchase, transfer of development rights, and conservation agreements should be considered. For all the reasons above, the official plan amendment AM-2021-016 should not be approved. You have a fiduciary responsibility to fulfill the wishes of your concerned constituents, and maintain the integrity of the ecological assets of our environment, much of which has depleted due to aggressive urban sprawl that has occurred under your watch to date. I implore you to maintain the current land use designations of the land in question. Only redevelopment that truly prioritizes environmental sustainability should be considered for these lands. Sincerely, Linda Sharma, OD CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 403 of 990 1 Julie Hannah From:Marie Nobes Sent:Sunday, September 11, 2022 11:59 AM To:Julie Hannah Cc:Kira Dolch; smastroianni@npca.ca; Wcampbell423@cogeco.ca; lori@lorilococo.com; pietrangelo@hotmail.com; Mike Strange Hotmail; wthomson@cogeco.ca; Jim Diodati; Subject:[EXTERNAL]-City File: AM-2022-015 Oaklands King Waldorf-Official Plan Amendment Application Hi there, I am Marie Nobes and I have been a Niagara Realtor for over 30 years. I also live on First let me say that it is not that we object to Responsible Development, what we do object to is Irresponsible Urban Sprawl and the killing of our Conservation Open Space, and ecosystem areas for profit. There has to be a way that both can exist without the destruction of our conservation lands. Once they are gone, they are gone forever. The only people that will benefit from this are a handful of already wealthy people who will be making As per your Environmental impact report, To say that there are significant woodlands and significant provincial wetlands and potential habitat for threatened species etc (btw it is not potential…there are threatened species living and breeding here. I have seen them with my own eyes) yet to say that the development will have no significant impact on these areas is irresponsible and some might say very greedy on the developers part to trade an ecosystem for profit. Much of the world has realized that our planet is in big trouble with climate change and the extinction of wildlife and yet you are trying to destroy a piece of land that is clearly part of an important ecosystem AND that is zoned Conservation Open Space. Please do your part and let this land go and be what it is intended to be….for nature…for our planet…for us, our children and their children…so we can all continue to exist..and not go extinct. Animals that I see on a regular basis include the blue heron, egrets, frogs, toads, beavers, ducks, geese, snakes, turtles only to mention a few. I also see what I call the bat show every dusk and every dawn in the summer through my big window. The bats are indeed “roosting” in our trees. Your environmental report says there was no evidence that they were roosting….this gives me reason to doubt this is a complete and accurate report. Ask any of the many kayakers and canoers that quietly enjoy our creek. How can you say that nature and the ecosystem will be able to live unaffected with all of this pavement, people, cars, noise, pollution, garbage etc. To even make a nature trail or park, let alone build houses, let alone townhouses, let alone a highrise condo building, will destroy it. Not to mention the noise, the parking lots and the pavement, that go along with all of those things. How can you say it will not affect this ecosystem. This parcel of land needs to be left alone completely so that the ecosystem can survive without humans killing it. It is one of our few Conservation Areas left. You know what will not affect this ecosystem? It remaining an untouched ecosystem and building elsewhere. Page 404 of 990 2 Once the ecosystem is gone…it will be gone forever and there is NO getting it back. Please let it survive… Please stop this..if not for you, for your children’s children. This is just not right. It is actually almost criminal. Please leave the Conservation Open Space are alone and please have your infrastructure for the rest of it in place BEFORE you start anything. Please DO NOT change the zoning of the conservation lands here…or anywhere!! Do the right thing. Sincerely, Marie Nobes By the way, I am never too busy for your referrals CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 405 of 990 1 Julie Hannah From:Marilyn Lanni Sent:Wednesday, September 7, 2022 7:15 PM To:Julie Hannah Subject:[EXTERNAL]-Zoning by-law amendment application AM-2022-015 Carmen & Marilyn Lanni Carmen and I feel that growth and housing are important. Though, the few houses that could be built on the small parcel of land on Lyon’s Creek will do more harm than good. Risk to Willow tree and root which supports the creek banks for Beaver, Turtle and many different fowl species and help prevent erosion of the bank. Niagara needs affordable housing which this would not be. Let’s keep this protected green space for future generations to enjoy. There are so many area’s in Niagara that could be developed and priced that first time buyers could afford. This is a very beautiful area enjoyed by many, paddle boards, kayaks, canoeing , where we get to enjoy all the wild life, let’s not risk damaging and losing it! This area should remain protected! Thank you for your time, Carmen & Marilyn Lanni CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 406 of 990 1 Julie Hannah From:marty macmillan Sent:Friday, September 9, 2022 11:42 AM To:Julie Hannah Subject:[EXTERNAL]-Stop rezoning To whom it may concern LISTEN TO THE LOCALS STOP REZONING THANK YOU MARTY MACMILLAN CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 407 of 990 1 Julie Hannah From: Sent:Tuesday, September 13, 2022 2:38 PM To:Julie Hannah; Jim Diodati; Clerk; Kira Dolch; smastroianni@npca.ca; Wcampbell423@cogeco.ca; lori@lorilococo.com; pietrangelo@hotmail.com; Mike Strange Hotmail; wthomson@cogeco.ca; Subject:[EXTERNAL]-Protect Conservation lands at Oaklands development Greetings Housing in this area makes sense Except Time Niagara Falls to be Noticeably Green Friendly....Mature trees and evolved, mature natural areas are the best hope for protecting everything needed for quality living in the future. Please Do Not Repeat Previous Mistakes like Thundering Waters. There NEEDS to Be Extensive green Space as a buffer between housing and natural areas. Marya Buckingham CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 408 of 990 1 Julie Hannah From:Melissa Marchese Sent:Tuesday, September 13, 2022 11:43 AM To:Julie Hannah Subject:Re: by-law amendment Hello! I hope this email finds you well. ওঔকখ I’m writing to express my disappointment with the possibility of a new of the by-law amendment in regards to city file: AM-2022-015. I am strong opposed to the amendment. Our conservation land is so precious! Please help to keep it conserved! Thank you so much for listening. Melissa Marchese Page 409 of 990 1 Julie Hannah From:Millie Sones Sent:Tuesday, September 13, 2022 9:48 AM To:Julie Hannah Subject:[EXTERNAL]-King Waldorf, Stanley Ave Development City File:AM-2022-015 Oaklands King Waldorf-Official Plan Amendment Application I oppose the development in this area for many reasons. I live in this proximity, and it affects me and my family directly. I would like to attend the zoom meeting scheduled for Tuesday (today). Could you please provide me with a time. Thankyou Millie Sones CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 410 of 990 Page 411 of 990 1 Julie Hannah From:Nancy Lelievre Sent:Tuesday, September 13, 2022 10:23 AM To:Julie Hannah Subject:[EXTERNAL]-Remote Electronic Open House 5 pm September 13-2022 Attachments:January 10-2022 email to JHannah.pdf Ms. Hannah; RE: AM-2021-16 AM-2022-15 We had sent comments for AM2021-16 for the January 2022 Open House. See the below email. It appears as if nothing has changed in the application. We have received no communications from the Planning Department or the developer and none of the questions we raised have been answered. The Planning Department Notice of Application indicates that a Zoning By-law Amendment Application has now been submitted (AM-2022-15). However, in the documentation provided on the Planning Department website the application is not included making it impossible for the public to actually assess the application. This really makes the Open House rather pointless as the public has no way of really knowing what the full impact of this development will be. In the Draft Urban Design document for the area identified as "Lyons Creek Enclave," it states there will be block townhouses and four-story apartments. Again, there are no site plans to allow us to assess what the true impact will be. We agree with the Niagara Region Planning Department and the Niagara Peninsula Conservation Authority that these applications are premature and should not proceed. Clearly, a development of this scale in this location requires the preparation of a detailed secondary plan and the completion of environmental studies to protect the unique characteristics of this property. For the record, we are adamantly opposed to Part 6 of the Zoning By-law amendment schedule being rezoned from Open Space to a site-specific R3 zone. It should remain as Open Space. Yours truly, Nancy & John Lelievre CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 412 of 990 1 September 12, 2022 Patricia Yanik Mayor Diodati, City Council & Planning Dept. City of Niagara Falls 4310 Queen Street, P. O. Box 1023 Niagara Falls, ON L2E 6X5 Dear Mayor Diodati jdiodati@niagarafalls.ca Council Members councilmembers@niagarafalls.ca Director of Planning, Building and Development 905-356-7521 ext. 4235 Julie Hannah clerk@niagarafalls.ca jhannah@niagarafalls.ca 905-356-7521 ext. 4107 Re: City File: AM-2022-015 Zoning By-Law Amendment Oaklands, King Waldorf & adjacent lands SHOULD NOT BE APPROVED 1. PLEASE CONSIDER the impact to the Provincial Significant Wetland on this ecological sensitive property adjacent to the Welland River and Lyons Creek. 2. The land is zoned “Conservation Open Space” and should NOT be rezoned for a HIGH DENSITY development (1,300 residences ! ) - More tax dollars coming in but at what cost to the environment? Is this in keeping with the Official City Plan, Municipal objectives, or the Niagara Regional Plan? Reduce the number of residential units – Provide sustainable eco passages for wildlife. 3. In keeping with the Provincial guideline of a 30% tree canopy – KEEP the TREE CANOPY - I find it disgusting that Niagara Falls has only 17%, having allowed for irresponsible developments. The beautiful tree canopy on Lyons Creek Road cannot be replicated once removed. It was even more beautiful before trees were removed to accommodate road widening. The existing trees provide many benefits to the environment. 4. Traffic on Lyons Creek is ever increasing and with it Wildlife mortality keeps increasing at an alarming rate. (My observation and many others as well). Proper Eco passages are necessary in any development. 5. There are so MANY Species at Risk specific to this wetland – a wetland which is critical for all its’ wildlife including fish, birds, insects, plants, reptiles, etc. (and this does include bats by the way) It is my understanding that a study stated there were no bats in the Oakland area - so what else has been missed? Proper corridors should be included in the plan to accommodate the wildlife -Natural habitat to allow safe passage is critical for their life cycle and many do cross between the Welland River and Lyons Creek. 6. Consider the impact on the natural watershed to the Welland River and Lyon’s Creek – more ecosystem destruction due to residential pollutants, winter salt on the roads, etc. –toxic to wildlife I do not support this rezoning and request that the Zoning By-Law Amendment NOT BE APPROVED. Please consider a responsible, sustainable, green development instead of one that allows for environmental destruction. BUILD IT GREEN ! Patricia Yanik Page 413 of 990 1 Julie Hannah From:Peter Giblett Sent:Tuesday, September 13, 2022 9:01 PM To:Julie Hannah; Clerk; Kira Dolch; smastroianni@npca.ca; Wayne Campbell; lori@lorilococco.com; Victor Pietrangelo; Mike Strange Hotmail; Wayne Thomson Fallview Account; jim.bradley@niagararegion.ca; CouncilMembers; Jim Diodati; Janet Krowchuk Subject:Re: Official Plan Amendment application - City File AM-2022-015 Oaklands King Waldorf I hope you saw what I had to say. I oppose housing on that site, but if we have any there should be an exclusion zone a minimum of 100 meters wide north and south. And all traffic should exit the subdivision onto Stanley, not Lyons Creek. Residents First! From the campaign of Peter Giblett Vote Peter Giblett on October 24th From: Janet Krowchuk Sent: Tuesday, September 13, 2022 12:29:22 PM To: Julie Hannah <jhannah@niagarafalls.ca>; clerk@niagarafalls.ca <clerk@niagarafalls.ca>; kdolch@niagarafalls.ca kdolch@niagarafalls.ca>; smastroianni@npca.ca <smastroianni@npca.ca>; Wayne Campbell wcampbell@niagarafalls.ca>; lori@lorilococco.com lori@lorilococco.com>; Victor Pietrangelo <vpietrangelo@niagarafalls.ca>; mikestrange@hotmail.com <mikestrange@hotmail.com>; wthomson@fallsviewgroup.com wthomson@fallsviewgroup.com>; bob.gale@niagararegion.ca bob.gale@niagararegion.ca>; barbara.greenwood@niagararegion.ca <barbara.greenwood@niagararegion.ca>; jim.bradley@niagararegion.ca <jim.bradley@niagararegion.ca>; councilmembers@niagarafalls.ca councilmembers@niagarafalls.ca>; Jim Diodati <jdiodati@niagarafalls.ca> Subject: Official Plan Amendment application - City File AM-2022-015 Oaklands King Waldorf Hello, my name is Janet Krowchuk Page 414 of 990 2 I live at . I am opposed to the current Zoning By-law amendment application. for this property. I also do not approve of the conservation/Open Space to Site Specific Residential (R3-X). Block Townhouses and apartments in this area should not be allowed, and this area should be preserved in a natural state. Todays open house (September 13 , 2022, @ 5PM) is important for you to attend if possible, as you will be making a very important decision on this very special piece of Environmentally protected lands. Please open the attached letter. Sincerely , Janet Krowchuk Page 415 of 990 1 Julie Hannah From:Rich L Sent:Wednesday, September 7, 2022 8:43 AM To:Julie Hannah Subject:[EXTERNAL]-Zoning changes to Oaklands and King Waldorf This email is to express our disapproval and extreme concern re the proposed zoning changes to Oaklands Golf Course and King Waldorf campground. The zoning to residential would seriously and irreparably change the wildlife environment. This is unacceptable. We need our green space. The impact would be too great. Sent from my iPhone CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 416 of 990 1 Julie Hannah From:barbara belzil Sent:Monday, September 12, 2022 11:54 AM To:Julie Hannah; Kira Dolch; smastroianni@npc.ca Subject:[EXTERNAL]-Zoning for Lyons Creek Please send instructions for Zoom meeting Sept 13/22 re rezoning presentation at 5 pm tomorrow. Want to keep open conservation space to remain Not rezoned. Keep old old growth canopy along Lyons Creek Rd into Chippawa. Richard Belzil CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 417 of 990 1 Julie Hannah From:Saeed Malik Sent:Tuesday, September 13, 2022 10:13 PM To:Julie Hannah; Clerk; Kira Dolch; smastroianni@npca.ca; Wayne Campbell; lori@lorilococco.com; Victor Pietrangelo; Mike Strange Hotmail; Wayne Thomson Fallview Account; bob.gale@niagararegion.ca; barbara.greenwood@niagararegion.ca; jim.bradley@niagararegion.ca; CouncilMembers; Jim Diodati; Janet Krowchuk Subject:Re: Official Plan Amendment application - City File AM-2022-015 Oaklands King Waldorf Hi Janet, We need to have more receptive councilors in the city. I view the residents as having the first right to decide about such matters. It is, therefore, imperative that every resident ensures that he/she comes out and vote in the upcoming election to vote for a CHANGE and vote for candidates who will assert and implement this. Vote for change on Oct 24. Vote for Saeed Malik. Saeed On Tuesday, September 13, 2022 at 12:29:26 p.m. EDT, Janet Krowchuk wrote: Hello, my name is Janet Krowchuk I live at . I am opposed to the current Zoning By-law amendment application. for this property. I also do not approve of the conservation/Open Space to Site Specific Residential (R3-X). Block Townhouses and apartments in this area should not be allowed, and this area should be preserved in a natural state. Todays open house (September 13 , 2022, @ 5PM) is important for you to attend if possible, as you will be making a very important decision on this very special piece of Environmentally protected lands. Please open the attached letter. Sincerely , Janet Krowchuk Page 418 of 990 1 Julie Hannah From:Sarah Foster Sent:Tuesday, September 13, 2022 11:11 AM To:Julie Hannah Subject:[EXTERNAL]-Chippawa Zoning Change Hi There, I'm a resident of Niagara Falls and a member of the Niagara Boating club. My mom grew up in Chippawa, the area is beautiful and very special to my family. Please don't change the zoning. Regards, Sarah Foster CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 419 of 990 1 Julie Hannah From:Shiloh Koski Sent:Monday, September 12, 2022 10:17 AM To:Julie Hannah; Clerk Subject:[EXTERNAL]-URGENT: request to join open house (Via zoom) for Zoning of Lions Creek AM-2022-015 Zoning by-law Good morning, I would like to request the link for the virtual town hall for AM-2022-015 Zoning by-law. The by-law amendment application for conservation open space should not be approved. The land should be preserved and restored. Buildings should only occur in appropriate areas in order to achieve sustainable, responsible development. I would like to request the link for the virtual town hall. As a resident of Niagara Falls, I do not want the City of Niagara Falls to approve the amendment. I want to see the city investigate an alternative to building on conservation lands and preserving the woodlands and tree canopy on Lyons Creek Road. With gratitude, Shiloh Koski Pronouns: She/Her Pronom: Elle I would like to acknowledge that this email is sent from within Niagara Purchase-Treaty 318 lands and on the traditional territory of the Anishinaabeg, Mushkegowuk and Haudenosaunee Peoples. / Je tiens à souligner que ce courriel a été envoyé à partir des terres visées par le Traité 318 du Niagara Purchase et du territoire traditionnel des peuples Anishinaabeg, Mushkegowuk et Haudenosaunee. CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 420 of 990 1 Julie Hannah From:Stanlee Hickey Sent:Tuesday, September 13, 2022 12:26 PM To:Julie Hannah Subject:[EXTERNAL]-Letter of Concern for tonight meeting Attachments:Letter to lanning Amendment bylaw change oaklands.doc; Turtle Sightings June 4 - 25, 2022.jpg; Wildlife deaths and SIghtings June 2022.doc; A scary future for Ontario turtles.doc; Nests in the grass Bobolink Inside Ecology.doc; Chippawas At risk species and conservation terms.doc; Why is it crucial to protect Ontario wetlands.doc; A resolution to protecting our nature.jpg; Feb 1,2022 Wetlands.JPG; The unseen Victims of Climate change NF Review April 11 2022.jpg Hi again Julie Please find attached my letter of concern of Lyons Narrows. I have also attached several documents for your reference and hope you can include them. I reference a turtle rescue from yesterday within my letter. The turtle was about 12 lbs 13x13inches in size. We estimate that is was at least 30 + years old if not older I also include this image from a resident in the Lyons Creek subdivision of another Snapping turtle last Oct Page 421 of 990 2 Page 422 of 990 3 Regards Stanlee Sent from Outlook CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 423 of 990 Page 424 of 990 Re AM-2022-015 Lyons Narrows (Oaklands King Waldorf Amendment bylaw change I am writing in regards to the Lyons Narrows (Oaklands Golf Course /King Waldorf) Amendment Bylaw change. After reviewing the documents from this development back several months ago, it is clear that the Planner/developers have not done due diligence and completed their required studies. Even the original studies are lacking in a great amount of missing information. While an effort was taken in the EIS, there seems to be an unwillingness on the part of the company who was hired to do it, to provide adequate information on many species. In Chippawa, there are over 20 SAR ( Species at risk). On the properties in question, there are 11 + SAR that utilize this land for habitat and breeding purposes as well as a food source. See attachment There are no references to the fact that the Regional road that cuts through Oaklands property in particular, where there is a high mortality rate of all species that are common as well as those that are Species At Risk. It should be noted that the entire length of Lyons Creek Rd from the QEW right into the Village of Chippawa is a Wildlife Corridor. Deer, small terrestrial animals such, Skunk, squirrels, groundhog, raccoon , opossum, reptiles, amphibians etc cross the entire length of this regional road. I have attached an informal study that was conducted by several concerned citizens from June 4-25, 2022. The number of Turtles that died is a major concern. Briefly the Midland Turtle took the highest impact of Mortality on the this roadway. This species of turtle takes between 7- 10 yrs to be able to breed and produce a small 3-10 eggs. Nests are often predated and others die just trying to get across the road to lay their eggs. The snapping turtle takes 17 yrs and sometimes longer to also become mature enough to breed. All 8 Species in Ontario are in trouble. They regularly cross the Lyons Creek rd. Residents will stop and brave their own lives to get the turtles off the road in the direction the turtle is going. This goes on for many months. Yesterday I received a call from a friend requiring assistance to move a snapping turtle. 5 people came to the rescue. It took over 20 minutes to get this turtle across the road safely. Snapping turtles do bite and have some fierce claws on them. Overall when we lose a turtle on the road it is a HUGE blow to the entire species . See attachments concerning Turtles in Ontario The EIS is not reflective of turtles, nor is it reflective of the birds and the bats that do live there. Frankly the Guidelines provided are totally insufficient in their scope. There are a number of migrating species that frequent bother these properties. We often see no mention of Hibernation practices either. The Monarch butterfly which is endangered Everywhere in North America., is also on these properties as there is milkweed present For me how can Traffic studies about where to place stoplights and general lighting and how many lanes even be discussed without knowing species are also using these roadways. How can Stormwater management even be considered into Lyons creek without having some detrimental effect of forms of wildlife that utilize this water way as well as the Welland River ? And we cannot fail to mention that with all the ongoing development already happening, what will be the end result for the wildlife in general. More cars mean more traffic and more death. One word on buffers. Buffers no matter there size are useless if animal cannot get to their protected areas. Linkages and Ecopassages are now crucial to the welfare of our wildlife. Page 425 of 990 Moreover we need to have developers more in tune with the Canopy loss. This affects all of us. With the canopy in Niagara Falls being as low as it is. And the known benefits of trees in general, why do we continue to take them down in the first place. The tree canopy coming in Lyons Creek road is amazing. Why are we not working with and around these valuable assets. Obviously I am NOT in favour of this amendment change. I am not a NIMBY, nor a tree hugger. However this land and it’s the Wildlife that utilizes, must have advocates. I was told by an ecologist “ It is fine to be worried about the Endangered species. But just as important are the common species, as they are the next ones to become endangered” Thank you for your attention Stanlee Hickey Page 426 of 990 Wildlife deaths June 2022 Does not include collection from Animal Control or unidentifiable remains of birds and other wildlife Site 1 Yellow billed Cuckoo, Mink Site 2 Opossum and 9 young, one young was sent to Hobbittsee Site 3 Fox Site 4 Skunk near airport on Sodom Site 5 Opossum Site 6 Opossum and Raccoon Site 7 Rabbit full of unborn babies 1 2 3 4 5 7 6 Page 427 of 990 Sightings within the village Border June 2022 Site 1 Deer Site 2 Deer, Wild Turkey have images Site 3 Deer Site 4 Coyote Site 5 Coyote seen by 3 people at the same time Site 6 Red Headed Woodpecker no image Thibert St at the Crick Site 7 Fox 21 3 4 5 6 7 Page 428 of 990 1 Julie Hannah From:Stanlee Hickey Sent:Sunday, September 18, 2022 2:07 PM To:Julie Hannah Cc:Andrew Bryce; Kira Dolch Subject:[EXTERNAL]-Open House Lyons Narrow Hi Julie Thank you to all at planning for having this rather interesting Open House. Due to some of the questions that were asked and responses that were given by the consultant, I have a few questions to try and clear a few issues 1. Is there are date set for this amendment to come to council? If so, when do you believe it may happen? Before or after the election? 2. Will this amendment come before Council before the Applicant completes their studies? Both the Niagara Region and the NPCA have states that the present studies are inadequate so why would planning bring this to council incomplete? 3. If this amendment comes before Council and is approved before the completion of the Studies, does the applicant still have to complete the studies? 4. Should this amendment be passed. What can the developer do with the land at that point? Thank you in advance Stanlee Hickey Sent from Outlook CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 429 of 990 1 Julie Hannah From:Susan Doherty Sent:Tuesday, September 13, 2022 2:00 PM To:Julie Hannah; Jim Diodati; Clerk; Kira Dolch; smastroianni@npca.ca; Wcampbell423@cogeco.ca; lori@lorilococo.com; pietrangelo@hotmail.com; Mike Strange Hotmail; wthomson@cogeco.ca; Subject:[EXTERNAL]-Zoning changes Good afternoon, I am a resident of Chippawa and I object to the proposed zoning changes on Lyons Creek Road. Please sincerely listen to the concerns of my fellow community members this evening. Thank you for your time. Susan Doherty CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 430 of 990 From: Julie Hannah Sent: Wednesday, October 4, 2023 5:03 PM To: Mackenzie Ceci Subject: FW: [EXTERNAL]-AM 2021-015 Julie Hannah, MES, MA, MCIP, RPP | Senior Manager of Current Planning | Planning, Building, and Development | City of Niagara Falls 4310 Queen Street | Niagara Falls, ON L2E 6X5 | (905) 356-7521 ext 4107 | Fax 905-356-2354 | jhannah@niagarafalls.ca From: Deryk P. Sent: Wednesday, October 4, 2023 4:13 PM To: Julie Hannah <jhannah@niagarafalls.ca> Subject: [EXTERNAL]-AM 2021-015 As a resident of Chippawa for over 10 years I am strongly against this proposed development. It's something Chippawa doesn't want. Everyone is speaking against it. I have seen how the recent development in Chippawa hasn't improved the quality of life, but actually making it worse. Most of the new development is AirBNB. Don't believe me? Look into it. Lock boxes on alot of doors. Sewage in Chippawa still is a problem (it's getting better) but adding more development just puts more pressure on the system. The traffic volume has increased, as well as the speed. People don't slow down (and mostly ignore posted signs). Speed humps or cushions don't do anything. Only way to stop it is enforcement (which isn't happening). As we speak paving is being down on Weinbrener Rd ... why? (Im guesing probably from the developer) when the road was perfectly fine. Yet the city continues to ignore the poor deterating road of Willoughby. It's so bad. But what absolutely gets me upset is the lack of creativity these developers have. Every house is the same. No character or design. The developers SQISHES all the houses together (so close you can jump from roof to roof). Then there is the removal of all the trees. Trees need to stay. The plans show otherwise. The new roads are so narrow that is is impossible to pass to vehicles. And no place to park look at the residential behind Bettys). Everyone parks on the sidewalks. Yet the city seems to not care. I told parking enforcement about this many times. Because the city neglected the lands, many animals made this their new home. As soon as the bulldozers come in, where are all those animals going to go? in my back yard or worse roadkill!! Also has the city thought about traffic? All these proposals and no new roads. no new intersections. No road widening planned, what about Transit? The developers build these huge communities but don't consider how people get to/from them. Biking down Stanely or Portage is very dangerous (trucks passing) What about services? Doesn't look like anything has been planned for that. Chippawa is Page 431 of 990 growing and needs more services. Another gas station, grocery store or restaurant. Again, not in the plans. What about a nice walking path along the river? Nope. Maybe the city should see what other jurisdictions are doing along waterfronts get some ideas instead of ruining some of the best farmlands in the province. Niagara is a world class destination and we need to keep it that way. And that is just a few reasons why I'm against this proposed project (or already going to happen because the city won't let the residents have their word). If others could figure out how to navigate the city's planning departments website, they would probably post. The city makes it impossible to do such. The only way I found out is through social media and after spending 10 minutes, I figured it out. City needs to stop with the outsourcing and waisting tax payers money. The mycity is a complete waste of that. Signed, Deryk Resident of Chippawa, ON CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 432 of 990 From: DONALD DAMELIO Sent: Tuesday, September 26, 2023 11:27 AM To: Mackenzie Ceci Subject: [EXTERNAL]-9015 & 8970 Stanley Ave, etc Good morning, I just scanned through the on-line planning submission and especially the traffic charts and estimations, assumptions, etc. I am surprised that there's only one traffic light being proposed so far? I did not see any mention of the summer weekend traffic volume for the boat launch, baseball tournaments, etc. As for the boat launch, is there any plans for additional parking and other expansion to accommodate the additional boat and water recreation on the Welland river that 1,344 units will bring? I may have missed this info in the detailed report? I have been in Chippawa for 8 years and all I have seen is perpetual construction and with more to come. Less amenities than when I first moved here and it looks like there's not much being provided for commercial development in the plan either. With the amount of development going on in the south, why isn't there more land provided for grocery stores, etc.? Especially with the new hospital going in and all the homes planned west of that? That is my comments and concerns on this latest development. Unfortunately, when you move into a new neighborhood, you expect 3 or 4 years of construction, but not decades and yet the taxes keep going up, but for what? This may not be the forum for that, but council should be looking at property tax reduction for the current and proposed misery. Also, this street was never constructed right. The centre of the street floods when there's heavy rain because the sewer is not connected to the grate there! D. F. D'Amelio NF, ont. CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 433 of 990 From: Grace ZHAO Sent: Tuesday, October 3, 2023 11:08 AM To: Mackenzie Ceci Subject: [EXTERNAL]-9015 & 8970 Stanley Ave proposed development Hi, My name is Grace and I am living in above proposed area. I really concern about this new proposed development and there are several reasons to it. 1. It is going to endanger the living animals and water creatures along Lyons Creek. The developer is proposing over 1300 units in total and 100 units multi-residential along Lyons Creek. In my opinion, any space along Lyons Creek should be Environmental Protection land. There are frogs, turtles and other animals living in the creek and the land on that side of Lyons Creek. Any construction will seriously impact the lives of the animals. 100 units multi-residential along Lyons Creek is definitely unacceptable. 2. The overall proposed community, especially the 100 units along Lyons Creek will be putting significant stress on the traffic of Lyons Creek Road. If there were 100 units built along Lyons Creek, they would only access directly from and to Lyons Creek road. There is only 1 lane on each side and it is pretty busy already. These additional units will further stress the road capacity. Imagine the increase in road kills of animals and the impact to the lives of animals just in the parking lot of this 100 unit condo buildings, it will be very bad. 3. Infrastructures in this area will not be able to keep up with growth in population of this proposed development. There is already stress to the daycares and schools right now. Schools are building portable classrooms and different grades are mixing together just to meet current demand. Teachers are not enough and classrooms are not enough. With additional 1300 units built in this area, all infrastructures will be hard to keep up the additional demand. I hope the government should consider the lives of existing householders in this area, because we are the tax payer which the government is benefiting from in this area. This proposal will seriously affect all existing householders' lives and their children and this is not acceptable. Finally, I hope the city can seriously consider the wild lives, the traffic and the existing householders in this area to prevent this development to go forward or significantly reducing the density of this community, so all of the above mentioned aspects can be impacted at minimal level. Also, the bottom line in my opinion is that any lands along Lyons Creek should not be developed and should be Environmental Protected lands. A multi-residential (R3X) zoning is definitely unacceptable. Thanks Grace CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 434 of 990 From: Jordan Sun Sent: Monday, October 2, 2023 10:10 AM To: Mackenzie Ceci Subject: [EXTERNAL]-Development for 9015 & 8970 Stanley Avenue Attachments: Drawing with comments.png Hi, This is Jordan and I am a resident living in the proposed develpment area. I was shocking to see the proposed development is trying to convert some of the land along the Lyons Creek to a R3X zoning. In my opinion, all lands along Lyons Creek should be Environmental Protection land and only living a small strip of plants and buffer zone is totally not enough. There are several reasons to it. First of all, there is not much green land left after a huge community putting in accross Lyons Creek Road with hundreds/thousands of homes being built. All areas along Lyons Creek are essential living space for all animals and water creatures, and there is not much green space left for them. With a big portion of it coverting to R3X zoning, it will significantly impact all animal lives. Second of all, with a multi-family building put in that area or any building putting in that area, it will have negative impact on the traffic of Lyons Creek Road even more. There is only 1 lane on each side of the road. With the big community, the road is already stressed. With the R3X zoning and building being built along Lyons Creek, it will further stress the capacity of Lyons Creek Road. Again, with areas along Lyons Creek being used. There will be much more animals being killed on road or in the parking lot of the building being built in that R3X area. Lastly, if there is any building along Lyons Creek, it will look so bad for the community already existed on Lyons Parkway, Tallgrass Avenue and Ort Road. All the householders in these areas have been enjoying their privacy and quiet neighbourhood. With any new building along Lyons Creek, the people in these areas will definitely not be happy and their privacy will be significantly impacted. For all the reasons above, especially for good living conditions of all the water creatures and animals, I strongly suggest that all lands along Lyons Creek to be Part 5-Environmental Protection Land. Please save this small strip of lands for the good of all lives of the animals and for the good of the householders living in this area. Thank you very much. Jordan Sent from Outlook CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 435 of 990 Page 436 of 990 From: Lisa and Lloyd Hodgins Sent: Tuesday, October 3, 2023 1:01 PM To: Mackenzie Ceci Subject: [EXTERNAL]-Proposed Amendments Stanley Ave/Lyons Creek Rd development Hello Mackenzie Ceci: We are in receipt of your letter regarding the Public Meeting on October 24 regarding the above. The number of dwelling units that the city is planning to approve would potentially bring in approximately 4,500 new residents to the area. In addition to the owners/lessees and users of the commercial properties that are proposed. I believe that is more than the population of Chippawa! There is no mention in the plan to increase the number of lanes on Lyons Creek Road or Stanley Ave to accommodate the potentially 2,000+ cars that owners of the properties will drive. Or the amount of traffic that the commercial units will attract. Lyons Creek Rd is increasingly busy now. That much more traffic would make it impassable. There is no indication in the plan where the water for this development will come from, as we on this side of the river have to have our water delivered and our sewage processed through septic systems on our own property. Will there be sewers installed? And will they carry over onto the surrounding streets? I see a stormwater management pond is included. However Chippawa has had a history of stormwater going into the sanitary sewer whenever there is a deluge. Would the pond be sufficient to accommodate that amount of runoff when 1,344 houses/units are all attached to a sanitary sewer? I notice on Panoramic Properties web site (Angelo Butera) that there are plans for a vineyard and spa on the property. However that is not indicated on the proposed amendment plan. I know that progress is inevitable. And that Panoramic Properties is in this business to make money. They are huge developers of rental accommodation. And supporters of this community (South Niagara Hospital). However the number of units is too many for this little area. There is sufficient property between the golf course and the trailer park to develop 1/2 to one acre or larger lots with prestigious housing which would attract families and retirees who can enjoy the beauty of the Welland River and not overwhelm our little community of Chippawa. It is very sad to see this happening here. We hope the City Council will amend the plan or not approve it at all and save our river and associated wetlands and the autonomy of Chippawa for generations to enjoy. Thank you, Lisa J Hodgins CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 437 of 990 From: Tom Ferguson Sent: Tuesday, October 3, 2023 4:02 PM To: Mackenzie Ceci Subject: [EXTERNAL]-Official Plan and Zoning By-law Amendment applications (AM- 2021-016 and AM-2022-015) for 9015 and 8970 Stanley Avenue Salit Steel has had numerous issues with residential encroachment on its Stanley Avenue operation. We have spent thousands of hours and hundreds of thousands of dollars to comply with regulations that are only an issue when homes are built close to industrial operations. Our understanding is that we are now compliant and yet we still receive notifications of complaints and are required to respond. Additional businesses in the area have had to deal with this as well. Given the situation today it is difficult to understand why the City would approve further residential development so close to established industrial operations. Salit Steel continues to oppose these proposed zoning changes and any other zoning changes that will allow residential encroachment on Salit's operations. Regards, Tom. Tom Ferguson | Salit Steel | President - Rebar Division | M 905 329 3819 | www.salitsteel.com CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 438 of 990 From: barbara belzil Sent: Friday, October 13, 2023 6:09 PM To: Mackenzie Ceci; Subject: [EXTERNAL]-Opposition to Plan Amendment Application -City File AM-2021- 016 Friday October 13, 2023 City Hall 4310 Queen St. Niagara Falls, ON L2E 2K9 To Mayor Diodati, Council Members, Department of Planning, Building &Development, Guests and Public First and foremost I would like to convey that I am not against housing development. I especially support affordable housing. I do however respect the environment and conservation of lands that are sensitive to development. In this uncertain world, of climate change there is no issue that our planet's protection is one of the top priorities. Over the past year and a half I have text several letters to council members. I belong the new group NWAR in Niagara. I have the App "My Field App" attached to my phone to photograph wild life and plant life along our Chippawa waterways. I have submitted 56 photos to date. I have attended several information sessions prior to the last election and voted according to the information received. I have also participated in information pickets in regards to this very issue. My husband Richard has also participated with me. He helped with the replanting of endangered native plants, including the American Water Willow, that were removed across from the Niagara Boat Club. This replanting was done with members from the community and boat club members. We can only hope that these plants regrow. ' Canada has a total population of between 11 and 15 sites of the Endangered American Water Willow including sub species. One of these sites is Lyons Creek , Welland River and Dufferin Islands. Lyons Creek is identified as 1 of 10 critical habitats in Canada. These plants Water Willows are protected under the Endangered Species Act 2003, legal protection applies'.*1 As in a petition to be provided, rezoning should not be considered at this time. The City of Niagara Falls is undertaking its own studies and Secondary Plan on tax dollars. These studies and plans are not complete nor have they been reviewed. We are asking that the rezoning be declined or deferred. With this rezoning proposal, the entire north side of Lyons Creek Rd canopy of mature native trees would be gone. A planting of saplings in a subdivision would not make up for this loss. A healthy 100ft tall tree can take 11,000 gallons of water from the soil and release it to the air Page 439 of 990 again as oxygen and water vapour in a single growing season. The roots of the tree "fingers" also filter harmful substances out of the water (e.g. acid rain and road runoff) as is soaks downward. Flooding is less likely if a watershed has a managed forest area. Forests can be wetlands too.*2 There were many small trees and saplings that have been cut down from your proposal in Part 4, Part 5, and Part 6 of your revised plan. In the 23 years of living on the original cottage road of Lyons Creek Parkway, never have I seen bush augers come twice a year to cut this land down to the ground, till the last 2 years. Large amounts of milkweed were destroyed in Southern part 6. Milkweed is necessary for the existence of the endangered Monarch butterfly. PART 1 west side has also had a large number of trees removed, not just scrub and dead trees. LYONS CREEK CHIPPAWA subdivision was once a forested /wetland area. My husband asked preconstruction about the keeping of large trees He was assured that healthy trees that could be saved and in a doable location would be saved. The whole area was stripped of all trees(except the east side walkway) prior to any construction beginning. Small trees are now planted on the boulevards. Conservation areas (PART 6) ( as stated above many small trees and native plants bush augured) 'protect forests, wetland, and wildlife and improve the overall health of our watersheds, Watersheds deliver a practical cost-effective program to ensure healthy ecosystems, preventing need for costly technological solutions to environmental problems'*3 Niagara Falls land use policy page 2-88, PART 2, section 12 OPEN SPACE preamble, 12.1,12.3, 12.4, 12.5,12.6 passed by Niagara Falls Council also covers use of PART6. PART 4 now zoned industrial is proposed residential mixed rezoning. I understand that some core samples have been done but are not complete and reviewed. The core samples that have been done (I understand from our group),are in small concentrated areas. Who know what is under the soil in the middle? There have never been foundations there. According to discussions with elderly residents, this area has been used as industrial for possibly 80+ years. Wildlife, including endangered and species at risk use this area proposed for rezoning. Myself I have witnessed, various species of turtles (at risk or endangered), Blue Herons, White Egrets, various water and land snakes, song birds, owls, hawks, honey bees, bats, nesting ducks and ducklings, nesting geese and goslings, numerous butterflies including the endangered monarch as mentioned above, various species of frogs, wild turkeys, coyotes, mice, white tail deer and insects, caterpillars too numerous to specify. There are birds and butterflies that do not stay here all year but use this as a resting spot on their journey south for the winter. Much of the wild life use a north south direction to complete their life cycle, crossing water, wetland, land and roads to birth or lay eggs. The proposed rezoning of this area makes this impossible to move in this direction. Many will try and with the increased 1,344 dwellings, crossing the road would surely be death. People often complain in new developments, of wildlife in the yards and streets. We have to remember this area was their home or their life cycle path before us. Page 440 of 990 I understand that developers have invested large sums of money in hopes of changed zoning laws and creating this large 1,344 development of dwellings. There are ecofriendly ways of developing that could be discussed together with the developer, unbiased biologist and public. It may not be 1,344 dwellings. A topic to be discussed later. At the September council meeting, Councillor Victor Pietrangelo when speaking about Baden-Powell Park said Niagara Falls loves its parks, and once a park always a park. Why not love conservation? Once conservation always conservation. All of my letter is in hopes of recognition by council and members of communities to recognize the importance of keeping our planet sustainable. Especially in this time of extreme climate change. We have Green Days, Tree Planting, etc. Lets start with what we have naturally. I am a senior, this is not for me but for all our children, grandchildren and generations to come. Generation before us may have not recognized the impact of all the ecosystems working together, but I can tell you my grandchildren recognize it. Let's not let them down. Sincerely Barbara Belzil To conserve paper : End Notes 1 Government of Canada American Water Willow Status Report 2011 Critical Habitat Identification 2 U.S. Forest Service Forest Health 3 Conservation Ontario Conservation Areas Lyons Creek CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 441 of 990 From: Pattawan Suwannapan Sent: Sunday, October 15, 2023 6:13 PM To: CouncilMembers; Clerk; Mackenzie Ceci Subject: [EXTERNAL]-I oppose the zoning change My name is Pattawan Suwannapan. Address is I oppose the zoning change for 9015 & 8970 Stanley Ave. Please re-consider the rezoning. Sincerely, Pattawan Suwannapan Page 442 of 990 CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 443 of 990 From: April Petrie Sent: Tuesday, October 17, 2023 8:24 AM To: CouncilMembers Cc: Bill Matson; Mackenzie Ceci Subject: [EXTERNAL]-Rezoning of King Waldorf Campground and Oaklands Golf Course Councillors. I am NOT in favour of council suppor:ng the proposed rezoning of the proper:es known as The King Waldorf Campground and Oaklands Golf Course. As someone who was born and raised in Niagara Falls, I have seen many changes, both good and bad. 25 years ago, I moved to Chippawa and part of the charm of this village are its peaceful entry routes. It gives that small town feel to this part of Niagara. Please don’t destroy one of the few remaining buffersbetween us and the upcoming intensive development around the new hospital site. Thank you for your considera:on. April Petrie GR82b ,eh! Sent from my iPad CAUTION: This email originated from outside of the organiza:on. Do not click links or open aEachments unless you recognize the sender and know the content is safe. Page 444 of 990 From: Liz Foreman Sent: Tuesday, October 17, 2023 8:58 AM To: CouncilMembers; Bill Matson; Mackenzie Ceci; Jim Dioda/ Subject: [EXTERNAL]-Amendment Chippawa land rezoning Our household is NOT in favour of council vo/ng yes to proposed rezoning of the proper/es known as the King Waldorf Campground and the Oaklands Golf Course. E. Foreman Chippawa CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 445 of 990 From: Andrew Bryce Sent: Tuesday, October 17, 2023 4:07 PM To: Jim Diodati; Kira Dolch Cc: Mackenzie Ceci; Carmen Vetrone Subject: RE: [EXTERNAL]-Proposed rezoning of Oakland campground Hi Dan, thank you for your comments. Your comments will be included in a package for Council’s consideration of this proposal at next Tuesday’s Council meeting. Please also note that any member of the public is welcome to attend the meeting. Regards Andrew Bryce, MCIP, RPP | Director of Planning | Planning, Building, and Development | City of Niagara Falls 4310 Queen Street | Niagara Falls, ON L2E 6X5 | (905) 356-7521 ext 4232 | Cell (289) 968-5162 | abryce@niagarafalls.ca From: Jim Diodati <jdiodati@niagarafalls.ca> Sent: Tuesday, October 17, 2023 2:54 PM To: Andrew Bryce <abryce@niagarafalls.ca>; Kira Dolch <kdolch@niagarafalls.ca> Subject: FW: [EXTERNAL]-Proposed rezoning of Oakland campground From: d b Sent: Tuesday, October 17, 2023 2:38 PM To: CouncilMembers <councilmembers@niagarafalls.ca> Subject: [EXTERNAL]-Proposed rezoning of Oakland campground Hello council members I am writing to you to voice my concerns on the vote you have to rezone an develope Oaklands campground. I am opposed to the change! We cannot sustain any more development of these natures in the southend an chippawa. The roads an traffic will be a nightmare (ex. McLeod rd from big subdivisions) the infrastructure an comraderie of this town is being lost on greedy big developers preying on our vulnerability. Our wildlife has no where to live an our waterways are being polluted. Please turn down this amendment. Yours truly Dan Bauer CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 446 of 990 From: barbara belzil Sent: Tuesday, October 17, 2023 5:44 PM To: Jim Diodati; CouncilMembers; Mackenzie Ceci; Subject: [EXTERNAL]-Opposition to By-law -Zoning By-law Amendment Application- City File AM-2022-015 Tuesday, October 17, 2023 City Hall 4310 Queen St. Niagara Falls, ON L2E 2K9 To Mayor Diodati, Council Members, Department of Planning, Building & Development Guests and Public I was born in Niagara and have called Niagara Falls my home for 46 years. I want to congratulate Council and staff for bringing a future modern hospital to Niagara Falls. Also congratulations for the bike lanes along Dorchester Road, and Drummond Road South. I much appreciate the Millenium Trail, Bukator Park Trail and updated Farmer's Market. Some councillors have some health issues, as do I, we are all getting older. The time we have left could greatly help preserve existing zoning of conservation, EPA and old growth forests. Above proposed amendments affect Lyons Creek, Welland River, and Stanley Avenue Historically, previous planning of this area of Niagara Falls; Council, and I would gather, was in conjunction with the Ministry of Natural Resources, Ministry of Environment, Conservation and Parks. This planning determined the zoning of the conservation areas (land and species protection), industrial (current studies not complete or reviewed) and tourist areas. With this determination, infrastructure into the village of Chippawa was determined. roads, hydro, water and sewage was set. This was in no way was to accommodate 1,344 additional dwellings. Additional tax dollars for improved infrastructure. We have enough properties available by provincial quotas, shovel in the ground ready for development in Niagara Falls. Why destroy a "Canadian Critical Habitat" ?(Lyons Creek 1 of 10 in Canada) noted by the Government of Canada 2.4.1 Critical Habitat identification The Provincial GREENBELT scandal created by Doug Ford infuriated voters. Talk of Niagara heading towards amalgamation, over 100 councillors will be running for a few seats. We can tell by the outrage of voters throughout the province, councillors who address protecting our environment would have an advantage in the outcome. 2022 13 million+ tourists visit Niagara Falls, Ontario each year. This contributed to the region's annual tourism revenue of $2 billion '*1 The older and younger generations now gravitate to biking, hiking trails, walking, kayaking, canoeing and photo ops along clean rivers, creeks and forests. This generation appreciate Page 447 of 990 coming from large cities, to see old growth forests, wildlife and native plants (some of which are endangered and found in Lyons Creek and the Welland River) We could use wider green belts, more and old growth forest trails Why not look at making Niagara Falls also a renowned destination, an example to other cities for nature enthusiasts? Trees can absorb 10 and 150 gallons of water daily and soak up pollutants'*2. Where would this water along Lyons Creek Road go? Basements of new construction? Requiring more tax dollars for improved infrastructure. We have a natural infrastructure in place. Trees produce the oxygen for our planet and remove carbon dioxide. What better filter can you get cheaper or naturally? I am asking that this proposal for amendment be denied at this time. Studies by the city tax dollars are not complete or reviewed. Save our natural habitat. A Win, Win for the entire Niagara Region!!! We are all Stewards of this magnificent creation Earth! Thanks Richard Belzil 1 - Falls Guide.com 2 - Perdue University, Report of Landscape CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 448 of 990 From: Jim Diodati Sent: Tuesday, October 17, 2023 10:46 AM To: Kira Dolch; Andrew Bryce Subject: FW: [EXTERNAL]-Stanley and Lyons Creek Rezoning From: Megan Sent: Tuesday, October 17, 2023 7:53 AM To: CouncilMembers <councilmembers@niagarafalls.ca> Subject: [EXTERNAL]-Stanley and Lyons Creek Rezoning Good morning, I was born and raised in Chippawa as was my husband, our children and other family members. We now own property in the Stanley Lyons creek area. We are happy here in our area that is a little bit of country in the city. In our yard we are frequently visited by deer, turkey, coyotes, and many small creatures. It has been a wonderful experience for our children having hands on nature experience. However if you choose to allow the rezoning of these areas you will be destroying a way of life, conservation lands, and the continued threat to native wildlife. Please STOP with the destruction of our green spaces for the sake of money and greed of others by not voting infavor of rezoning. We will lose the charm of our beautiful little chippawa. Thank you so much for your time Megan CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 449 of 990 NANCY SMITH PROFESSIONAL CORPORATION TURKSTRA MAZZA ASSOCIATES, LAWYERS Nancy Smith 15 Bold Street Hamilton Ontario Canada L8P 1T3 Receptionist 905 529 3476 (905 LAW-FIRM) nsmith@tmalaw.ca October 18, 2023 Mayor and Members of Council City of Niagara Falls City Hall 4310 Queen Street Niagara Falls, ON L2E 6X5 Dear Mayor Diodati and Members of Council: Re: 9015 & 8970 Stanley Avenue, Lands to the East and West of 8970 Stanley Avenue, and Lands on the South Side of Lyons Creek Road, East of Stanley Avenue Assessment Roll Nos: 2725130003047000000, 2725130003046000000 & 2725130003003000000 Official Plan Amendment Application – City File: AM-2021-016 Zoning By-law Amendment Application – City File: AM-2022-015 Applicant: 2610832 Ontario Inc. (Angelo Butera) Agent: Upper Canada Consultants (Craig Rohe) APPROVE STANLEY AVENUE LANDS FOR HOUSING INTRODUCTION We represent 2610832 Ontario Inc. (“261”), owner of 9015 and 8970 Stanley Avenue, Niagara Falls Subject Lands”). Over four (4) years ago (March 2019), 261 shared its vision for the Subject Lands with the City: a mixed-use community that respects all environmental constraints. It contains 1,344 dwelling units (single detached, semidetached, on-street towns, block towns and apartments). Commercial uses will support the day-to-day functioning of the neighbourhood. Institutional and Public Parkland uses round out the complete community vision (“Proposal”). Since 2019, 261 has supported its Proposal by: Seeking specialized independent opinions on issues raised, including: o IBI Group (Robyn Brown): employment land needs achieved without the Subject Lands o GSP Group (Brenda Khes and Elizabeth Farrugia): residential use highest and best for the Subject Lands Page 450 of 990 Page 2 NANCY SMITH PROFESSIONAL CORPORATION TURKSTRA MAZZA ASSOCIATES, LAWYERS Participating fully in the public process including numerous written submissions and council attendances Providing informed responses to all issues raised Continuing its support of the City’s OPA 147 before the Ontario Land Tribunal (“OLT”) Today, we ask that you approve our Official Plan Amendment (“OPA”) (Appendix 1) and Zoning By-law Amendment (“ZBA”) (Appendix 2). Housing is the optimal use for the Subject Lands. HOUSING Regional Councillors learn Niagara needs 17,000 new housing units every five years until 2051 to meet new demand.”1 Ontario is in a housing crisis. An independent Optimal Use Analysis (GSP) determined that the optimal use of the Subject Lands is housing. The OPA and ZBA illustrate how a complete community can contribute to a range of mix of housing options and supporting uses. Without the OPA and ZBA, the Subject Lands will remain undeveloped and underutilized. ENVIRONMENTAL PROTECTION The OPA and ZBA designate and zone environmental features for long term protection. 261’s experienced environmental consultants confirm that their in-field work and analysis, performed and submitted over the last four (4) years, addresses all Regional and Conservation Authority comments. All applicable policy has been met. The Plan of Subdivision process including draft plan conditions remains an appropriate additional tool to achieve environmental protection. SET ASIDE THE EMPLOYMENT LAND DEBATE The Regional Official Plan (“ROP”) designated 9015 Stanley Ave (“Subject Lands West”) as Employment Area on November 4, 2022. The OPA/ZBA applications were deemed complete well before the in-force date – December 13, 2021 and June 9, 2022 respectively. The Clergy Principle (decide an application based on policies in place when the application is submitted) means that the ROP Employment Area designation does not determine the applications. Policy 7.12.2.5 of the ROP confirms this: Development applications deemed complete prior to the date of this Plan’s approval shall be permitted to be processed and a decision be made, under the Local and Regional Official Plan policies that existed when the application was deemed complete. 1 September 12, 2023 Headline in St. Catharines Standard Page 451 of 990 Page 3 NANCY SMITH PROFESSIONAL CORPORATION TURKSTRA MAZZA ASSOCIATES, LAWYERS OPA 147, adopted by the City on March 20, 2023, does not include the Subject Lands West as Employment Area. The Region modified the City’s vision and included the Subject Lands West in OPA 147.261 and others appealed the Region’s decision to the OLT. As a result, OPA 147 is not in force. It awaits adjudication by the OLT. Again, the Clergy Principle dictates that the Region’s refusal to approve the City’s vision in OPA 147 does not determine the applications. Your decision-making on the Proposal should proceed unencumbered by the employment land debate. MERITS OF THE PROPOSAL Upper Canada Consultants (Craig Rohe) will walk you through the merits of the Proposal. He will explain how it meets all Planning Act tests and represents good planning. At the time of writing this letter, I have not yet seen the Staff Report and Recommendation. I am hopeful given the extensive work done over the past many years, staff will recommend approval. I am also hopeful that given the legal status of the Region’s modifications to OPA 147 (not in force) and the proper application of the Clergy Principle under the ROP, staff will set aside the employment land debate for the purposes of providing you with their recommendation. I will follow up with another letter, however, if need be. OUR ASK We ask that you approve our Official Plan Amendment (“OPA”) (Appendix 1) and Zoning By-law Amendment (“ZBA”) (Appendix 2). Housing is the optimal use for the Subject Lands. Yours truly, Nancy Smith ns/ls cc. Julie Hannah Mackenzie Ceci City Clerk Kira Dolch Page 452 of 990 Page 4 NANCY SMITH PROFESSIONAL CORPORATION TURKSTRA MAZZA ASSOCIATES, LAWYERS APPENDIX 1 Page 453 of 990 CITY OF NIAGARA FALLS By-law No. 2019 - _____ A by-law to provide for the adoption of Amendment No. ____ to the City of Niagara Falls Official Plan (OPA #____). THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS, IN ACCORDANCE WITH THE PLANNING ACT, 1990, AND THE REGIONAL MUNICIPALITY OF NIAGARA ACT, HEREBY ENACT AS FOLLOWS: 1. The attached text and mapping constituting Amendment No. ___ to the City of Niagara Falls Official Plan is hereby adopted. Passed this ____ day of ____, 2021. WILLIAM G. MATSON, ACTING CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: Page 454 of 990 OFFICIAL PLAN AMENDMENT NO. ____ PART 1 – PREAMBLE i) Purpose of the Amendment The amendment will amend the designation of multiple properties shown on Schedule A from “Resort Commercial”, “Open Space”, “Environmental Protection Area” and “Environmental Conservation Area” to “Residential”, Commercial” and Environmental Protection Area”. Site-specific policy direction is also proposed to ensure that required studies, as outlined through pre-consultation, are completed as part of future applications such as Draft Plan of Subdivision, Zoning By-law Amendment and Site Plan. The purpose of the amendment is to permit residential and commercial development on the subject lands, refine existing natural heritage mapping and provide direction on planning future applications. ii) Location of the Amendment The Amendment applies to the lands shown on Map 1, which are generally bounded by the Welland River to the north, a Provincially Significant Wetland to the west, Lyon’s Creek to the south and the Niagara Boating Club to the east. iii) Details of the Amendment Map Changes i) Schedule A – Land Use has been amended to: o Delete the “Resort Commercial” and “Open Space” designations from the subject lands. o Designate the majority of the subject lands as “Residential” o Designate the northeast corner of Lyon’s Creek Road and Stanley Avenue as “Commercial”. o Refine the Environmental Area designations. ii) Schedule A-1 – Natural Heritage Features and Adjacent Lands has been amended to: o Modify the boundary of evaluated natural heritage features as recommended through the Environmental Impact Study prepared by Colville Consulting Inc. (dated July 2021) Text Changes Page 455 of 990 iii) That the following policy be applied to the subject lands: That prior to the consideration of any future Planning Act applications pertaining to the subject lands, that the following studies be completed to the satisfaction of applicable agencies: Environmental Impact Assessment pertaining to Bobolink Habitat, in consultation with the Province of Ontario. Environmental Site Assessment Archaeological Assessment Transportation Impact Study Geotechnical Analysis Tree Preservation Plan Urban Design Brief Stormwater Management Plan iv) Basis of the Amendment The Amendment has been undertaken to establish “Residential” and “Commercial” land use designations prior to undertaking Draft Plan of Subdivision and Zoning By- law Amendment. The subject lands are located within the Niagara Falls Urban Area and Provincially delineated Built-up Area, which are primary locations for growth. The Amendment will facilitate an opportunity to redevelopment a large area of vacant lands in an effort to achieve growth and intensification targets, provide of a variety of housing forms, including affordable housing, commercial development, public open spaces, shoreline access, and long term natural heritage protection. The Amendment is a necessary step to be completed prior to the preparation of a Draft Plan of Subdivision and implementing Zoning By-law Amendment. This amendment was the result of a comprehensive public consultation process. A Public Information Centre was held on _______________ and an Open House on The statutory public meeting was held on ____________. Council considered and approved the staff report that combined ____ recommendations which are incorporated into this amendment. Further discussions were held with commenting agencies after public meeting to ensure that the amendment implemented their comments as well as the recommendations of the staff report. Page 456 of 990 Part 2 – BODY OF THE AMENDMENT All of this part of the document entitled PART 2 – Body of the Amendment, consisting of the following text and attached maps, constitute Amendment No. ____to the Official Plan of the City of Niagara Falls. DETAILS OF THE AMENDMENT The Official Plan of the City of Niagara Falls is hereby amended as follows: MAP CHANGES i) SCHEDULE A – LAND USE PLAN of the Official Plan is amended by: o Amending the “Resort Commercial” and “Open Space” to “Residential” and “Commercial”. o Amending the “Environmental Protection Area” and “Environmental Conservation Area” designations to “Environmental Protection Area”. As shown on the map attached entitles ‘Map 1 to Amendment No. ____.’ ii) SCHEDULE A-1 – NATURAL HERITAGE FEATURES AND ADJACENT LANDS is amended by: o Amending the “Environmental Protection Area” and “Environmental Conservation Area” designations to “Environmental Protection Area” TEXT CHANGES i) That the following policy be applied to the subject lands: That prior to the consideration of any future Planning Act applications pertaining to the subject lands, that the following studies be completed to the satisfaction of applicable agencies: Environmental Impact Assessment pertaining to Bobolink Habitat, in consultation with the Province of Ontario. Environmental Site Assessment Archaeological Assessment Transportation Impact Study Geotechnical Analysis Tree Preservation Plan Urban Design Brief Stormwater Management Plan Page 457 of 990 PART 1 - RESIDENTIAL (SCHEDULE A)SCHEDULE 'A' OF OFFICIAL PLAN AMENDMENT No.____ OAKLANDSLEGEND PART 1 ORT ROADWELLAND RIVER PAR T 2 PART 3 PART 2 - ENVIRONMENTAL PROTECTION AREA (SCHEDULE A & A1) MAYOR:CLERK:PART 3 - COMMERCIAL (SCHEDULE A)LYO N'S C R E E K R O A D STANLEY AVENUEPART 1 PART 1 PAR T2PART 2PART 2 STANLEY Page 458 of 990 Page 5 NANCY SMITH PROFESSIONAL CORPORATION TURKSTRA MAZZA ASSOCIATES, LAWYERS APPENDIX 2 Page 459 of 990 1 Draft Zoning By-law Amendment Schedule X Lyons Narrows THE CORPORATION OF THE CITY OF NIAGARA FALLS BY-LAW NO. _____ A BY-LAW TO AMEND BY-LAW NO. 79-200, to regulate lands known as (legal description is being amended through land titles, currently. Updated description will be provided once obtained from Land Registry.) THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The lands that are the subject of and affected by the provisions of this by-law are described in Schedule 1 of this by-law and shall be referred to in this by-law as the Lands”. Schedule 1 is a part of this by-law. 2. The purpose of this by-law is to amend the zoning on the subject lands from Tourist Commercial (TC), Industrial (I), and Conservation – Open Space (OS) to Site Specific Residential 3 (R3-X), Neighbourhood Commercial (NC) and Environmental Protection Area (EPA) to permit the lands to be developed in a manner that would otherwise be prohibited by that by-law. In the case of any conflict between a specific provision of this by-law and any existing provision of By-law No. 79-200, the provision of this by-law are to prevail. 3. In addition to the used permitted in the R3 Zone, “Block Townhouses” and Apartments” shall also be permitted, subject to the site-specific criteria set forth in this amendment and Design Guidance provided in the associated “Lyons Narrows Urban Design and Development Guidelines”. 4. The following provisions shall also be permitted for the following land uses: Page 460 of 990 2 Single Detached Dwellings Minimum Lot Area – 225 square metres Minimum Lot Frontage – 8.2 metres for an interior lot, 10 metres for a corner lot. Minimum Front Yard Depth – 4.5 metres to a dwelling and 6.0 metres to a garage Minimum Rear Yard Depth – 7.0 metres Minimum Interior Side Yard – 1.2 metres on one side, and 0.6 metres on the other side. Minimum Exterior Side Yard – 2.4 metres Maximum Lot Coverage – Not Applicable. Maximum Height of a Building or Structure – 12.5 metres. Maximum Number of Detached Dwellings on one lot – One (1) only, unless under Condominium Tenure Minimum Landscaped Open Space – 25% of the Lot Area. Maximum Projection of a one or two storey porch or balcony into a required front of exterior side yard – 1.5 metres Maximum Projection of a covered porch into a rear yard – 3.0 metres, or not more than 1.5 from the lot line. Maximum width of a driveway or parking area in the front yard of a lot – 60% of the lot frontage Semi-Detached Dwellings Minimum Lot Area – 450 square metres or 225 square metres per dwelling unit. Minimum Lot Frontage – 15 metres or 7.5 metres per dwelling unit for Interior Lots, and 17 metres or 8.5 metres per dwelling unit for exterior units. Minimum Front Yard Depth – 4.5 metres to a dwelling and 6.0 metres to a garage. Minimum Rear Yard Depth – 7.0 metres Page 461 of 990 3 Minimum Interior Side Yard – 1.2 metres on one side, and 0.6 metres on the other side. Minimum Exterior Side Yard – 2.4 metres Maximum Lot Coverage – Not Applicable. Maximum Height of a Building or Structure – 12.5 metres Minimum Landscaped Open Space – 25% of the Lot Area Maximum Projection of a one or two storey porch or balcony into a required front of exterior side yard – 1.5 metres Maximum Projection of a covered porch into a rear yard – 3.0 metres, or not more than 1.5 from the lot line. Maximum width of a driveway or parking area in the front yard of a lot – 60% of the lot frontage On-Street Townhouse Minimum Lot Area – 165 square metres per dwelling unit. Minimum Lot Frontage – 6.0 metres per dwelling Minimum Front Yard Depth – 4.5 metres to a dwelling and 6.0 metres to a garage Minimum Rear Yard Depth – 7.0 metres Minimum Interior Side Yard – 0.0 metres along demising walls and 1.5 metres for end units. Minimum Exterior Side Yard – 2.4 metres Maximum Lot Coverage – Not Applicable. Maximum Height of a Building or Structure – 12.5 metres Minimum Landscaped Open Space – 25% of the Lot Area (exclusive of driveways) Maximum Projection of a one or two storey porch or balcony into a required front of exterior side yard – 1.5 metres Page 462 of 990 4 Maximum Projection of a covered porch into a rear yard– 3.0 metres, or not more than 1.5 from the lot line. Maximum width of a driveway or parking area in the front yard of a lot – 60% of the lot frontage Block Townhouse Minimum Lot Area – 180 square metres per dwelling unit. Minimum Lot Frontage – N/A Minimum Front Yard Depth – 4.5 metres to a dwelling and 6.0 metres to a garage from a private road or the front lot/block line. Minimum Rear Yard Depth – 7.0 metres Minimum Privacy Yard Depth – 7.0 metres Minimum Interior Side Yard – 1.5 metres, and 0.0 metres along demising walls Minimum Exterior Side Yard – 2.4 metres Maximum Lot Coverage – Not Applicable. Maximum Height of a Building or Structure – 12.5 metres Minimum Landscaped Open Space – 25% of the Lot Area Apartment Dwelling Minimum Lot Area – 50 square metres per dwelling unit. Minimum Lot Frontage – 30 metres Minimum Front Yard Depth – 0.0 Metres Minimum Rear Yard Depth – One half the height of the building Minimum Interior Side Yard – One half the height of the building Minimum Exterior Side Yard – 0.0 metres Page 463 of 990 5 Maximum Lot Coverage – 35%, or 50% with underground parking provided. Maximum Height of a Building or Structure – 36 metres or 12 storeys. Minimum Landscaped Open Space – 30% of the lot area. Commercial Uses – Permitted on the ground floor only, subject to the provisions of the NC Zone. Commercial uses must occupy at least 50% of the main floor area of a building in order to be permitted. 5. In addition to Residential Land Uses, the following Ancillary Land Uses are permitted within the R3-X Zone: Stormwater Management Facilities Pumping Stations 6. In addition to the residential and ancillary uses permitted in the site specific R3 Zone, the uses set out in the Institutional (“I”) Zone of By-law 79-200 shall also be permitted, subject to the provisions of the “I” Zone. 7. All other applicable regulations set out in By-law No. 79-200 shall continue to apply to govern the permitted uses on the lands, with all necessary changes in detail. 8. No person shall use the Lands for a use that is not a permitted use. 9. No person shall use the Lands in a manner that is contrary to the regulations. 10. The provisions of this by-law shall be shown on Sheet D4 of Schedule “A” of By-law No. 79-200 by re-designating the Lands to R3-____, NC and EPA. Passed this ____ day of _____, 2022. READ A FIRST, SECOND AND THIRD TIME THIS _____ DAY OF ____, 2022. MAYOR CITY CLERK Page 464 of 990 PART 1 - FROM TOURIST COMMERCIAL (TC) ZONE TO RESIDENTIAL MIXED (R3-X) SITE SPECIFIC ZONE SCHEDULE 'A' OF ZONING BY-LAW AMENDMENT No.____ MAYOR: CLERK: OAKLANDS LEGEND PART 2 - FROM TOURIST COMMERCIAL (TC) ZONE TO ENVIRONMENTAL PROTECTION AREA (EPA) ZONE ORT ROADWELLAND RIVER LYO N'S C R E E K R O A DSTANLEY AVENUESTANLEY AVENUEWILLICK ROADLYON'S CREEKLYON'S CREEKPART 1 PART 3 PART 4 PART 6 PART 5 PART 2PART 3 - FROM TOURIST COMMERCIAL ( TC) ZONE TO NEIGHBOURHOOD COMMERCIAL (NC) ZONE PART 2 PART 1PART 6 PART 4 - FROM INDUSTRIAL (I) ZONE TO RESIDENTIAL MIXED (R3-X) SITE SPECIFIC ZONE PART 5 - FROM CONSERVATION-OPEN SPACE ( OS) ZONE TO ENVIRONMENTAL PROTECTION AREA (EPA)ZONE PART 6 - FROM CONSERVATION-OPEN SPACE (OS) ZONE TO RESIDENTIAL MIXED ( R3-X) SITE Page 465 of 990 1 Carmen Vetrone From:Andrew Bryce Sent:Tuesday, October 17, 2023 1:05 PM To:Jim Diodati; Kira Dolch; Cc:Mackenzie Ceci; Carmen Vetrone Subject:RE: [EXTERNAL]-Proposed Rezoning of lands at Oaklands Golf Club and King Waldorf's Trailer Park Follow Up Flag:Follow up Flag Status:Flagged Hi Lisa and Lloyd, thank you for your submission, which will be included in the Council Agenda for the meeting next Tuesday for consideration. Regards Andrew Bryce, MCIP, RPP | Director of Planning | Planning, Building, and Development | City of Niagara Falls 4310 Queen Street | Niagara Falls, ON L2E 6X5 | (905) 356-7521 ext 4232 | Cell (289) 968-5162 | abryce@niagarafalls.ca From: Jim Diodati <jdiodati@niagarafalls.ca> Sent: Tuesday, October 17, 2023 12:23 PM To: Kira Dolch <kdolch@niagarafalls.ca>; Andrew Bryce <abryce@niagarafalls.ca> Subject: FW: [EXTERNAL]-Proposed Rezoning of lands at Oaklands Golf Club and King Waldorf's Trailer Park From: Lisa and Lloyd Hodgins <lisajhodgins@gmail.com> Sent: Tuesday, October 17, 2023 11:53 AM To: CouncilMembers <councilmembers@niagarafalls.ca> Subject: [EXTERNAL]-Proposed Rezoning of lands at Oaklands Golf Club and King Waldorf's Trailer Park Attn Councillors We are in receipt of your letter regarding the Public Meeting on October 24 regarding the above. The number of dwelling units that the city is planning to approve would potentially bring in approximately 4,500 new residents to the area. In addition to the owners/lessees and users of the commercial properties that are proposed. I believe that is more than the population of Chippawa! There is no mention in the plan to increase the number of lanes on Lyons Creek Road or Stanley Ave to accommodate the potentially 2,000+ cars that owners of the properties will drive. Or the amount of traffic that the commercial units will attract. Lyons Creek Rd is increasingly busy now. That much more traffic would make it impassable. There is no indication in the plan where the water for this development will come from, as we on this side of the river have to have our water delivered and our sewage processed through septic Page 466 of 990 2 systems on our own property. Will there be sewers installed? And will they carry over onto the surrounding streets? I see a stormwater management pond is included. However Chippawa has had a history of stormwater going into the sanitary sewer whenever there is a deluge. Would the pond be sufficient to accommodate that amount of runoff when 1,344 houses/units are all attached to a sanitary sewer? It seems that the City is in a hurry to push this through. However I understand there are several studies underway to assess the environmental impact this massive development would have on not only the community but more importantly the waterfront areas and surrounding natural habitat including animal species in the proposed rezoned area. It would be careless of the City to forge ahead with rezoning while these important studies are in progress and incomplete. I know that progress is inevitable. However it is important to consider our environment and local wildlife. With the push for responsible urban planning these days I urge the City to reconsider this application and either defer or deny it until all studies are complete thus saving our river, the associated wetlands and our wildlife for future generations to enjoy. Thank you, CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 467 of 990 NANCY SMITH PROFESSIONAL CORPORATION TURKSTRA MAZZA ASSOCIATES, LAWYERS Nancy Smith 15 Bold Street Hamilton Ontario Canada L8P 1T3 Receptionist 905 529 3476 (905 LAW-FIRM) nsmith@tmalaw.ca October 18, 2023 Mayor and Members of Council City of Niagara Falls City Hall 4310 Queen Street Niagara Falls, ON L2E 6X5 Dear Mayor Diodati and Members of Council: Re: 9015 & 8970 Stanley Avenue, Lands to the East and West of 8970 Stanley Avenue, and Lands on the South Side of Lyons Creek Road, East of Stanley Avenue Assessment Roll Nos: 2725130003047000000, 2725130003046000000 & 2725130003003000000 Official Plan Amendment Application – City File: AM-2021-016 Zoning By-law Amendment Application – City File: AM-2022-015 Applicant: 2610832 Ontario Inc. (Angelo Butera) Agent: Upper Canada Consultants (Craig Rohe) APPROVE STANLEY AVENUE LANDS FOR HOUSING INTRODUCTION We represent 2610832 Ontario Inc. (“261”), owner of 9015 and 8970 Stanley Avenue, Niagara Falls (“Subject Lands”). Over four (4) years ago (March 2019), 261 shared its vision for the Subject Lands with the City: a mixed-use community that respects all environmental constraints. It contains 1,344 dwelling units (single detached, semidetached, on-street towns, block towns and apartments). Commercial uses will support the day-to-day functioning of the neighbourhood. Institutional and Public Parkland uses round out the complete community vision (“Proposal”). Since 2019, 261 has supported its Proposal by: •Seeking specialized independent opinions on issues raised, including: o IBI Group (Robyn Brown): employment land needs achieved without the Subject Lands o GSP Group (Brenda Khes and Elizabeth Farrugia): residential use highest and best for the Subject Lands Page 468 of 990 Page 2 NANCY SMITH PROFESSIONAL CORPORATION TURKSTRA MAZZA ASSOCIATES, LAWYERS •Participating fully in the public process including numerous written submissions and council attendances •Providing informed responses to all issues raised •Continuing its support of the City’s OPA 147 before the Ontario Land Tribunal (“OLT”) Today, we ask that you approve our Official Plan Amendment (“OPA”) (Appendix 1) and Zoning By-law Amendment (“ZBA”) (Appendix 2). Housing is the optimal use for the Subject Lands. HOUSING “Regional Councillors learn Niagara needs 17,000 new housing units every five years until 2051 to meet new demand.”1 Ontario is in a housing crisis. An independent Optimal Use Analysis (GSP) determined that the optimal use of the Subject Lands is housing. The OPA and ZBA illustrate how a complete community can contribute to a range of mix of housing options and supporting uses. Without the OPA and ZBA, the Subject Lands will remain undeveloped and underutilized. ENVIRONMENTAL PROTECTION The OPA and ZBA designate and zone environmental features for long term protection. 261’s experienced environmental consultants confirm that their in-field work and analysis, performed and submitted over the last four (4) years, addresses all Regional and Conservation Authority comments. All applicable policy has been met. The Plan of Subdivision process including draft plan conditions remains an appropriate additional tool to achieve environmental protection. SET ASIDE THE EMPLOYMENT LAND DEBATE The Regional Official Plan (“ROP”) designated 9015 Stanley Ave (“Subject Lands West”) as Employment Area on November 4, 2022. The OPA/ZBA applications were deemed complete well before the in-force date – December 13, 2021 and June 9, 2022 respectively. The Clergy Principle (decide an application based on policies in place when the application is submitted) means that the ROP Employment Area designation does not determine the applications. Policy 7.12.2.5 of the ROP confirms this: Development applications deemed complete prior to the date of this Plan’s approval shall be permitted to be processed and a decision be made, under the Local and Regional Official Plan policies that existed when the application was deemed complete. 1 September 12, 2023 Headline in St. Catharines Standard Page 469 of 990 Page 3 NANCY SMITH PROFESSIONAL CORPORATION TURKSTRA MAZZA ASSOCIATES, LAWYERS OPA 147, adopted by the City on March 20, 2023, does not include the Subject Lands West as Employment Area. The Region modified the City’s vision and included the Subject Lands West in OPA 147.261 and others appealed the Region’s decision to the OLT. As a result, OPA 147 is not in force. It awaits adjudication by the OLT. Again, the Clergy Principle dictates that the Region’s refusal to approve the City’s vision in OPA 147 does not determine the applications. Your decision-making on the Proposal should proceed unencumbered by the employment land debate. MERITS OF THE PROPOSAL Upper Canada Consultants (Craig Rohe) will walk you through the merits of the Proposal. He will explain how it meets all Planning Act tests and represents good planning. At the time of writing this letter, I have not yet seen the Staff Report and Recommendation. I am hopeful given the extensive work done over the past many years, staff will recommend approval. I am also hopeful that given the legal status of the Region’s modifications to OPA 147 (not in force) and the proper application of the Clergy Principle under the ROP, staff will set aside the employment land debate for the purposes of providing you with their recommendation. I will follow up with another letter, however, if need be. OUR ASK We ask that you approve our Official Plan Amendment (“OPA”) (Appendix 1) and Zoning By-law Amendment (“ZBA”) (Appendix 2). Housing is the optimal use for the Subject Lands. Yours truly, Nancy Smith ns/ls cc. Julie Hannah Mackenzie Ceci City Clerk Kira Dolch Page 470 of 990 Page 4 NANCY SMITH PROFESSIONAL CORPORATION TURKSTRA MAZZA ASSOCIATES, LAWYERS APPENDIX 1 Page 471 of 990 CITY OF NIAGARA FALLS By-law No. 2019 - _____ A by-law to provide for the adoption of Amendment No. ____ to the City of Niagara Falls Official Plan (OPA #____). THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS, IN ACCORDANCE WITH THE PLANNING ACT, 1990, AND THE REGIONAL MUNICIPALITY OF NIAGARA ACT, HEREBY ENACT AS FOLLOWS: 1. The attached text and mapping constituting Amendment No. ___ to the City of Niagara Falls Official Plan is hereby adopted. Passed this ____ day of ____, 2021. ____________________________________ ___________________________________ WILLIAM G. MATSON, ACTING CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: Page 472 of 990 OFFICIAL PLAN AMENDMENT NO. ____ PART 1 – PREAMBLE (i) Purpose of the Amendment The amendment will amend the designation of multiple properties shown on Schedule A from “Resort Commercial”, “Open Space”, “Environmental Protection Area” and “Environmental Conservation Area” to “Residential”, Commercial” and “Environmental Protection Area”. Site-specific policy direction is also proposed to ensure that required studies, as outlined through pre-consultation, are completed as part of future applications such as Draft Plan of Subdivision, Zoning By-law Amendment and Site Plan. The purpose of the amendment is to permit residential and commercial development on the subject lands, refine existing natural heritage mapping and provide direction on planning future applications. (ii) Location of the Amendment The Amendment applies to the lands shown on Map 1, which are generally bounded by the Welland River to the north, a Provincially Significant Wetland to the west, Lyon’s Creek to the south and the Niagara Boating Club to the east. (iii) Details of the Amendment Map Changes i) Schedule A – Land Use has been amended to: o Delete the “Resort Commercial” and “Open Space” designations from the subject lands. o Designate the majority of the subject lands as “Residential” o Designate the northeast corner of Lyon’s Creek Road and Stanley Avenue as “Commercial”. o Refine the Environmental Area designations. ii) Schedule A-1 – Natural Heritage Features and Adjacent Lands has been amended to: o Modify the boundary of evaluated natural heritage features as recommended through the Environmental Impact Study prepared by Colville Consulting Inc. (dated July 2021) Text Changes Page 473 of 990 iii) That the following policy be applied to the subject lands: “That prior to the consideration of any future Planning Act applications pertaining to the subject lands, that the following studies be completed to the satisfaction of applicable agencies:  Environmental Impact Assessment pertaining to Bobolink Habitat, in consultation with the Province of Ontario.  Environmental Site Assessment  Archaeological Assessment  Transportation Impact Study  Geotechnical Analysis  Tree Preservation Plan  Urban Design Brief  Stormwater Management Plan (iv) Basis of the Amendment The Amendment has been undertaken to establish “Residential” and “Commercial” land use designations prior to undertaking Draft Plan of Subdivision and Zoning By- law Amendment. The subject lands are located within the Niagara Falls Urban Area and Provincially delineated Built-up Area, which are primary locations for growth. The Amendment will facilitate an opportunity to redevelopment a large area of vacant lands in an effort to achieve growth and intensification targets, provide of a variety of housing forms, including affordable housing, commercial development, public open spaces, shoreline access, and long term natural heritage protection. The Amendment is a necessary step to be completed prior to the preparation of a Draft Plan of Subdivision and implementing Zoning By-law Amendment. This amendment was the result of a comprehensive public consultation process. A Public Information Centre was held on _______________ and an Open House on ____________. The statutory public meeting was held on ____________. Council considered and approved the staff report that combined ____ recommendations which are incorporated into this amendment. Further discussions were held with commenting agencies after public meeting to ensure that the amendment implemented their comments as well as the recommendations of the staff report. Page 474 of 990 Part 2 – BODY OF THE AMENDMENT All of this part of the document entitled PART 2 – Body of the Amendment, consisting of the following text and attached maps, constitute Amendment No. ____to the Official Plan of the City of Niagara Falls. DETAILS OF THE AMENDMENT The Official Plan of the City of Niagara Falls is hereby amended as follows: MAP CHANGES i) SCHEDULE A – LAND USE PLAN of the Official Plan is amended by: o Amending the “Resort Commercial” and “Open Space” to “Residential” and “Commercial”. o Amending the “Environmental Protection Area” and “Environmental Conservation Area” designations to “Environmental Protection Area”. As shown on the map attached entitles ‘Map 1 to Amendment No. ____.’ ii) SCHEDULE A-1 – NATURAL HERITAGE FEATURES AND ADJACENT LANDS is amended by: o Amending the “Environmental Protection Area” and “Environmental Conservation Area” designations to “Environmental Protection Area” TEXT CHANGES i) That the following policy be applied to the subject lands: “That prior to the consideration of any future Planning Act applications pertaining to the subject lands, that the following studies be completed to the satisfaction of applicable agencies:  Environmental Impact Assessment pertaining to Bobolink Habitat, in consultation with the Province of Ontario.  Environmental Site Assessment  Archaeological Assessment  Transportation Impact Study  Geotechnical Analysis  Tree Preservation Plan  Urban Design Brief  Stormwater Management Plan Page 475 of 990 PART 1 - RESIDENTIAL (SCHEDULE A)SCHEDULE 'A' OF OFFICIAL PLAN AMENDMENT No.____ OAKLANDSLEGEND PART 1 ORT ROADWELLAND RIVER PAR T 2 PART 3 PART 2 - ENVIRONMENTAL PROTECTION AREA (SCHEDULE A & A1)MAYOR: CLERK:PART 3 - COMMERCIAL (SCHEDULE A) LYO N' S C R E E K R O A D STANLEY AVENUEPART 1 PART 1 PAR T 2 PART 2PART 2 STANLEY AVENUEWILLICK ROAD PART 2LYO N' S C R E E K LYON'S CREEKPage 476 of 990 Page 5 NANCY SMITH PROFESSIONAL CORPORATION TURKSTRA MAZZA ASSOCIATES, LAWYERS APPENDIX 2 Page 477 of 990 1 Draft Zoning By-law Amendment Schedule X Lyons Narrows THE CORPORATION OF THE CITY OF NIAGARA FALLS BY-LAW NO. _____ A BY-LAW TO AMEND BY-LAW NO. 79-200, to regulate lands known as (legal description is being amended through land titles, currently. Updated description will be provided once obtained from Land Registry.) THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The lands that are the subject of and affected by the provisions of this by-law are described in Schedule 1 of this by-law and shall be referred to in this by-law as the “Lands”. Schedule 1 is a part of this by-law. 2. The purpose of this by-law is to amend the zoning on the subject lands from Tourist Commercial (TC), Industrial (I), and Conservation – Open Space (OS) to Site Specific Residential 3 (R3-X), Neighbourhood Commercial (NC) and Environmental Protection Area (EPA) to permit the lands to be developed in a manner that would otherwise be prohibited by that by-law. In the case of any conflict between a specific provision of this by-law and any existing provision of By-law No. 79-200, the provision of this by-law are to prevail. 3. In addition to the used permitted in the R3 Zone, “Block Townhouses” and “Apartments” shall also be permitted, subject to the site-specific criteria set forth in this amendment and Design Guidance provided in the associated “Lyons Narrows Urban Design and Development Guidelines”. 4. The following provisions shall also be permitted for the following land uses: Page 478 of 990 2 Single Detached Dwellings Minimum Lot Area – 225 square metres Minimum Lot Frontage – 8.2 metres for an interior lot, 10 metres for a corner lot. Minimum Front Yard Depth – 4.5 metres to a dwelling and 6.0 metres to a garage Minimum Rear Yard Depth – 7.0 metres Minimum Interior Side Yard – 1.2 metres on one side, and 0.6 metres on the other side. Minimum Exterior Side Yard – 2.4 metres Maximum Lot Coverage – Not Applicable. Maximum Height of a Building or Structure – 12.5 metres. Maximum Number of Detached Dwellings on one lot – One (1) only, unless under Condominium Tenure Minimum Landscaped Open Space – 25% of the Lot Area. Maximum Projection of a one or two storey porch or balcony into a required front of exterior side yard – 1.5 metres Maximum Projection of a covered porch into a rear yard – 3.0 metres, or not more than 1.5 from the lot line. Maximum width of a driveway or parking area in the front yard of a lot – 60% of the lot frontage Semi-Detached Dwellings Minimum Lot Area – 450 square metres or 225 square metres per dwelling unit. Minimum Lot Frontage – 15 metres or 7.5 metres per dwelling unit for Interior Lots, and 17 metres or 8.5 metres per dwelling unit for exterior units. Minimum Front Yard Depth – 4.5 metres to a dwelling and 6.0 metres to a garage. Minimum Rear Yard Depth – 7.0 metres Page 479 of 990 3 Minimum Interior Side Yard – 1.2 metres on one side, and 0.6 metres on the other side. Minimum Exterior Side Yard – 2.4 metres Maximum Lot Coverage – Not Applicable. Maximum Height of a Building or Structure – 12.5 metres Minimum Landscaped Open Space – 25% of the Lot Area Maximum Projection of a one or two storey porch or balcony into a required front of exterior side yard – 1.5 metres Maximum Projection of a covered porch into a rear yard – 3.0 metres, or not more than 1.5 from the lot line. Maximum width of a driveway or parking area in the front yard of a lot – 60% of the lot frontage On-Street Townhouse Minimum Lot Area – 165 square metres per dwelling unit. Minimum Lot Frontage – 6.0 metres per dwelling Minimum Front Yard Depth – 4.5 metres to a dwelling and 6.0 metres to a garage Minimum Rear Yard Depth – 7.0 metres Minimum Interior Side Yard – 0.0 metres along demising walls and 1.5 metres for end units. Minimum Exterior Side Yard – 2.4 metres Maximum Lot Coverage – Not Applicable. Maximum Height of a Building or Structure – 12.5 metres Minimum Landscaped Open Space – 25% of the Lot Area (exclusive of driveways) Maximum Projection of a one or two storey porch or balcony into a required front of exterior side yard – 1.5 metres Page 480 of 990 4 Maximum Projection of a covered porch into a rear yard– 3.0 metres, or not more than 1.5 from the lot line. Maximum width of a driveway or parking area in the front yard of a lot – 60% of the lot frontage Block Townhouse Minimum Lot Area – 180 square metres per dwelling unit. Minimum Lot Frontage – N/A Minimum Front Yard Depth – 4.5 metres to a dwelling and 6.0 metres to a garage from a private road or the front lot/block line. Minimum Rear Yard Depth – 7.0 metres Minimum Privacy Yard Depth – 7.0 metres Minimum Interior Side Yard – 1.5 metres, and 0.0 metres along demising walls Minimum Exterior Side Yard – 2.4 metres Maximum Lot Coverage – Not Applicable. Maximum Height of a Building or Structure – 12.5 metres Minimum Landscaped Open Space – 25% of the Lot Area Apartment Dwelling Minimum Lot Area – 50 square metres per dwelling unit. Minimum Lot Frontage – 30 metres Minimum Front Yard Depth – 0.0 Metres Minimum Rear Yard Depth – One half the height of the building Minimum Interior Side Yard – One half the height of the building Minimum Exterior Side Yard – 0.0 metres Page 481 of 990 5 Maximum Lot Coverage – 35%, or 50% with underground parking provided. Maximum Height of a Building or Structure – 36 metres or 12 storeys. Minimum Landscaped Open Space – 30% of the lot area. Commercial Uses – Permitted on the ground floor only, subject to the provisions of the NC Zone. Commercial uses must occupy at least 50% of the main floor area of a building in order to be permitted. 5. In addition to Residential Land Uses, the following Ancillary Land Uses are permitted within the R3-X Zone:  Stormwater Management Facilities  Pumping Stations 6. In addition to the residential and ancillary uses permitted in the site specific R3 Zone, the uses set out in the Institutional (“I”) Zone of By-law 79-200 shall also be permitted, subject to the provisions of the “I” Zone. 7. All other applicable regulations set out in By-law No. 79-200 shall continue to apply to govern the permitted uses on the lands, with all necessary changes in detail. 8. No person shall use the Lands for a use that is not a permitted use. 9. No person shall use the Lands in a manner that is contrary to the regulations. 10. The provisions of this by-law shall be shown on Sheet D4 of Schedule “A” of By-law No. 79-200 by re-designating the Lands to R3-____, NC and EPA. Passed this ____ day of _____, 2022. READ A FIRST, SECOND AND THIRD TIME THIS _____ DAY OF ____, 2022. ________________________________________ _________________________________ MAYOR CITY CLERK Page 482 of 990 PART 1 - FROM TOURIST COMMERCIAL (TC) ZONE TO RESIDENTIAL MIXED (R3-X) SITE SPECIFIC ZONE SCHEDULE 'A' OF ZONING BY-LAW AMENDMENT No.____ MAYOR: CLERK: OAKLANDS LEGEND PART 2 - FROM TOURIST COMMERCIAL (TC) ZONE TO ENVIRONMENTAL PROTECTION AREA (EPA) ZONE ORT ROADWELLAND RIVER LYO N' S C R E E K R O A D STANLEY AVENUESTANLEY AVENUEWILLICK ROADLYON'S CREEKLYON'S CREEK PART 1 PART 3 PART 4 PART 6 PART 5 PART 2PART 3 - FROM TOURIST COMMERCIAL (TC) ZONE TO NEIGHBOURHOOD COMMERCIAL (NC) ZONE PART 2 PART 1PART 6 PART 4 - FROM INDUSTRIAL (I) ZONE TO RESIDENTIAL MIXED (R3-X) SITE SPECIFIC ZONE PART 5 - FROM CONSERVATION-OPEN SPACE (OS) ZONE TO ENVIRONMENTAL PROTECTION AREA (EPA) ZONE PART 6 - FROM CONSERVATION-OPEN SPACE (OS) ZONE TO RESIDENTIAL MIXED (R3-X) SITE SPECIFIC ZONE PAR T 5 PAR T 5 Page 483 of 990 Urge Niagara Falls City Council to Halt Rezoning of Oaklands/King Waldorf Lands Started October 14, 2023 Why this petition matters Started by Leslie Laan ***IMPORTANT*** The City of Niagara Falls will only accept petition signatures from verifiable residents of Niagara Falls. When signing the petition, please be sure to provide your STREET ADDRESS AND POSTAL CODE in the Postal Code box field (e.g. 8677 Banting Ave. L2G 6Z7). Signatures must be completed by noon on Page 484 of 990 Friday, October 20th 2023 to be included in our delegation to City Hall so please help me promote the heck out of this in the short time we have available. There is an application before Niagara Falls City Council to rezone lands known locally as the former Oaklands Golf Course/King Waldorf Campground to "Residential", including a substantial reduction in the size of "Conservation" buffers fronting the Welland River and Lyons Creek. There appears to be a needless rush to a decision as the current application will be adjudicated before critical studies now underway are complete and have been assessed, including the City's own study and one by a Focus Group appointed by the City. As residents of Niagara Falls, we are deeply concerned about the proposed rezoning of the Oaklands/King Waldorf lands. This area is not just a piece of land; it is the green entranceway to our homes and a sanctuary for several threatened species. The current application to rezone these lands as "Residential" threatens to reduce or remove critical buffers zoned for Conservation, which would have irreversible environmental impacts. The development of residential properties adjacent to these Conservation buffer zones will also negatively impact any remaining Conservation lands through increased human activity such as using those lands to access the bordering waterfronts. We value our natural spaces and vehemently oppose any actions that could irrevocably alter them. We request that Niagara Falls City Council defer or deny this application until all relevant studies and environmental impact assessments are complete. It is important that we fully understand the potential consequences before making decisions that could harm our environment and local wildlife. We believe in responsible urban planning that respects nature and prioritizes sustainability over short-term gains. Let's protect our natural heritage for future generations instead of sacrificing it for immediate development. Please sign this petition urging Niagara Falls City Council to halt rezoning until all relevant studies are complete. Your signature can help preserve our precious Conservation areas and ensure a sustainable future for Niagara Falls. Page 485 of 990 Petition Sponsor: Leslie P. Laan5525 Reixinger Road, Niagara Falls, Ontario L2G 5X5(905) 325‐3070Petition Host Platform: Change.orgPetition Name: Urge Niagara Falls City Council to Halt Rezoningof Oaklands/King Waldorf LandsPetition Link: https://chng.it/pZknMG2KFGPetition Currency: Petition Span:  5.33 days (Opened:  16:30  10/14/23, Downloaded: 23:56  10/19/24Petition Metrics: Total Signatures: 667 All Niagara Falls Resident Signatures (including partial address information): 421Qualified Niagara Falls Resident Signatures (full addresses only): 330 listed here.Name City Prov Postal Code Signed OnMarci Weston 8677 Banting Avenue Niagara Falls Ont L2G 6Z7 10/14/2023Alfred Weston 8677 Banting Avenue Niagara Falls Ont L2G 6Z7 10/14/2023Leslie Laan 5525 Reixinger Road Niagara Falls Ont L2G0S1 10/14/2023Frank Frail 6970 Waters Avenue Niagara Falls Ont L2G 5X5 10/14/2023John Morocco 4739 Lyons Parkway Niagara Falls Ont L2G 0A4 10/14/2023Lisa Morocco 4739 Lyons Parkway Niagara Falls Ont L2G 0A4 10/14/2023Amanda Hall 6072 Eaglewood Dr. Niagara Falls Ont L2G0A7 10/14/2023Alison Jacklin 8759 Banting Avenue Niagara Falls Ont L2G 6Z7 10/14/2023kari Everson 4315 Southerland Court Niagara Falls Ont l2g0e6 10/14/2023Vincent URBANIC 7637 Green Vista Gate NIAGARA FALLS, Ont L2G0A8 10/14/2023Shiloh Bell 5760 Jake Crescent Chippawa Ont L2H0g3 10/14/2023Tania Dmyterko 3830 Main Street Niagara Falls Ont l2g6n5 10/14/2023Silvana Auld 6560 McLeod Niagara Falls Ont L2G 0A7 10/14/2023Gertrude Boulette 9621 Stanley Avenue Niagara Falls Ont L2G 0V6 10/14/2023Maureen Clarke 8691 Banting Avenue Niagara Falls Ont L2G 6Z7 10/14/2023Katherine Vormittag 8131 Post Road Niagara Falls Ont L2G0V6 10/14/2023Margaret Kiemele 3107 Ussher Street Niagara Falls Ont L2G6M3 10/14/2023Sarah Howard 3636 Rolling Acres Drive Niagara Falls Ont L2J 3B9 10/15/2023 Page 486 of 990 Diane Hemming 8726 Howe Cres. Niagara Falls Ont L2G 6Z4 10/15/2023Lisa Montgomery 207‐8830 Willoughby Drive Niagara Falls Ont L2G 6X8 10/15/2023Dianne Cartmell 4001 Weaver Rd. Niagara Falls Ont L2G 0W1 10/15/2023Dorla Watson 8324 Kaumeyer Street Niagara Falls Ont L2E 6S6 10/15/2023Megan Dewitt 6199 Kister Road Niagara Falls Ont L2G 0B7 10/15/2023Louise Judge 7150 Windsor Crescent Niagara Falls Ont L2G 1G1 10/15/2023Sarah Zabzinski 8667 Banting Ave. Niagara Falls Ont L2G 6Z7 10/15/2023Lisa Bertrand 4765 Epworth Circle Niagara Falls Ont L2G 1E1 10/15/2023Kimberley Moore 5431 Hodgson Niagara Falls Ont L2H 1N2 10/15/2023Steve Way 10424 Willodell Rd. Niagara falls Ont L0s1k0 10/15/2023Shannon Mista 7699 Thomas Street Niagara Falls Ont L2g6t3 10/15/2023Clarice White 8350 Niagara St. Niagara Falls Ont L2G 6W6 10/15/2023Susan Doherty 8546 Champlain Dr. Niagara Falls Ont L2G 6Y6 10/15/2023Brooke friesman 4081 Wienbrenner Road Niagara Falls Ont L2G 1Z8 10/15/2023April Petrie 3516 Main #17 Niagara Falls Ont L2G 6A6 10/15/2023Tony Ruscitti 8372 Greenfield Cres, Niagara Falls Ont L2H 3J8 10/15/2023Laurie Zizian 8609 Furlong Avenue Niagara Falls Ont L2G 6W9 10/16/2023Tracey Vanwylick 3559 Bond St. Niagara Falls Ont L2G 6H9 10/16/2023Patricia Yanik  9001 Banting Ave. Niagara Falls Ont L2G7A1 10/16/2023Elyse Cox 8391 Regan Drive Niagara Falls Ont L2G7P6 10/16/2023Brian Watson 4457 John At. Niagara Falls Ont L2E 1A4 10/16/2023Katrina Zizian 3‐3381 Montrose Rd. Niagara Falls Ont L2H 0J9 10/16/2023Christine Santos 4024 Bridgewater St. Niagara Falls Ont L2G 6H7 10/16/2023Jessica Vipari 5941 Gladstone Avenue Niagara Falls Ont L2G 4A1 10/16/2023Tammy Maloney 8772 Roosevelt St. Niagara Falls Ont L2G 6Z7 10/16/2023Alicia Giajnorio 6398 Orchard Ave. Niagara Falls Ont L2G 10/16/2023Kayla Kleber 3752 Gunning Dr. Niagara Falls Ont L2G 6L4 10/16/2023Kelly Mahon 5982 Dunn Street Niagara Falls Ont L2G6G7 10/16/2023Heather Reid 8057 Sarah Street Niagara falls Ont L2G 6T8 10/16/2023Vivienne Crawford 5039 Gage Ct. Niagara Falls Ont L2E 7B5 10/16/2023Jacquelyn Perdue 6372 Brock Street Niagara Falls Ont L2J 4B2 10/16/2023Vicki Mowers 7109 Ann St. Niagara Falls Ont L2G 3E1 10/16/2023Janet Krowchuk 4117 Welland Niagara Falls Ont L2G 6J9 10/16/2023Carole Eatock 6034 Kalar Rd. Niagara Falls Ont L2H 1T3 10/16/2023 Page 487 of 990 Krystal McKenney 13944 McKenney Niagara Falls Ont L0S 1K0 10/16/2023Roxanne McEwan 4344 Southerland Court Niagara Falls Ont L2G 7W4 10/16/2023Kim Davis 4351 Southerland Ct. Niagara Falls Ont L2G 7W4 10/16/2023Cristina Fabiano 8311 Mullen Ct. Niagara Falls Ont L2H 3M8 10/16/2023Brandy Henderson 6398 Dilalla Crescent Niagara Falls Ont L2H0C9 10/16/2023Fionnuala MacLean Galt Cres. Niagara Falls Ont L2G 7R8 10/16/2023Chelsea Sallows 4200 York Drive Niagara Falls Ont L2E 6Y4 10/16/2023Janene St George 8699 Sodom Rd. Niagara Falls Ont L2G 7A9 10/16/2023Monica Horan 3221 Tramore Cres Niagara Falls Ont L2G 7P9 10/16/2023Sarah Ward 9516 Stanley Ave. Niagara Falls Ont L2E 6S6 10/16/2023Wayne Ward 9516 Stanley Ave. Niagara Falls Ont L2E 6A6 10/16/2023Dylan MacKenzie 8410 Thorold Stone Rd Niagara Falls Ont L2H 6Y2 10/16/2023Darlene Vaughan 3283 Galt Crescent Niagara Falls Ont L2G 7R9 10/16/2023Nicki Haluka 7985 Thorton St. Niagara Falls Ont L2H 2C2 10/16/2023Jodi Croteau 5257 Valley Way Niagara Falls Ont L2E 7A9 10/16/2023Carly Washington 3200 Rapelje St. Niagara Falls Ont L2G7B8 10/16/2023Jillian Hein 6722 Margaret Street Niagara Falls Ont L2G 2V3 10/16/2023Sandy Stewart 5831 Murray St. Niagara Falls Ont L2G 2J9 10/16/2023Melissa McIntyre 4642 Queensway Gardens Niagara Falls Ont L2E 6R3 10/16/2023Craig Easton 6883 Shannon Drv Niagara Falls Ont L2\h 3N7 10/16/2023Randy Krawczuk 4892 Simcoe Street Niagara Falls Ont L2E 1V9 10/16/2023maryann sullivan 6361 margaret Niagara Falls Ont l2g2t6 10/16/2023Casey Montambault 4120 Welland Street Niagara Falls Ont L2G6K1 10/16/2023Marlee Somerville 3097 Ussher St. Niagara Falls Ont L2G 6M3 10/16/2023Cathy Roma 7887 Alpine Drive Niagara Falls Ont L2H 3B6 10/16/2023Jessica Harris 7189 McColl Dr. Niagara Falls Ont L2J 1G7 10/16/2023Cathy McNeil 8866 Parliament Ave. Niagara Falls Ont L2G 6R2 10/16/2023Janet Gregoire 4223 Reilly Street Niagara Falls Ont L2G 6E8 10/16/2023Chelsea O’Donoghue 5688 Dewar Ave. Niagara Falls Ont L2H 3M9 10/16/2023Michelle Terryberry 212‐Drummond Rd. Niagara Falls Ont L2G 4K9 10/16/2023Samantha Milde‐Hargraft 3457 Cattell Drive Niagara Falls Ont L2G6N4 10/16/2023Lisa Papetti 5840 Keith Street Niagara Falls Ont L2J 1J9 10/16/2023Robert Robins 3375 Cardinal Dr. Niagara Falls Ont L2H 3A6 10/16/2023Carolin Makarewicz 3375 Cardinal Dr. Niagara Falls Ont L2H 3A6 10/16/2023 Page 488 of 990 Theresa Hvilivitzky 8041 Paddock Trail Drive Niagara Falls Ont L2H1W8 10/16/2023Gloria Cousineau 8376 Breadner Cres. Niagara Falls Ont L2G 6Z8 10/16/2023Stephanie Hastie 7959 Westwood Niagara Falls Ont L2H 1X7 10/16/2023Lillian Craine 6873 Cumberland Crt. Niagara Falls Ont L2H 2R6 10/16/2023Rita Muileboom you can't ask me that Niagara Falls Ont L2H 10/16/2023Jillian Reid 7991 Peter Street Niagara falls Ont L2G6T1 10/16/2023Jake graham 5574 Byng Ave. Niagara falls Ont L2E 5C7 10/16/2023Tiffany Storrie tremblay 4769 Lyons Pkwy Niagara Falls Ont L2g0a4 10/16/2023vicki storrie 8746 Willoughby niagara falls Ont L2G 6X6 10/16/2023Nancy Hughes 8718 Roosevelt St. Niagara Falls Ont L2G 7A2 10/16/2023Daniel Bauer 3777 MacKenzie Drive Niagara falls Ont L2g6n9 10/16/2023Toni Perrier 4519 Queen St. Niagara Falls Ont L2E 2L4 10/16/2023Kennedy Knezevich 3139 Chipman Cres. Niagara Falls Ont L2G 6M6 10/16/2023Bonnie Nicholls 8040 Tad Niagara Falls Ont L2H 1H7 10/16/2023Eva Benko‐Brown 4544 Fifth Avenue Niagara Falls Ont L2E 4R6 10/16/2023Linda Bouwman 4012 Bridgewater St. Niagara Falls Ont L2G 6H7 10/16/2023Sarah Foster 4289 Sixth Ave. Niagara Falls Ont L2E 4S7 10/16/2023Gianluca Agostinelli 4054 Wellandstreet Chippawa Ont L2G6J8 10/16/2023Cheryl S. Sheridan 3584 Bridgewater St. Niagara Falls Ont L2G 6H1 10/16/2023Denise Foster 6612 Richard Crescent Niagara Falls Ont L2H 0A9 10/16/2023Samantha Lauder 6485 St. John St. Niagara Falls Ont L2J 1C8 10/16/2023Karen Fletcher 6495 Ker St. Niagara Falls Ont L2G 1X7 10/16/2023Wilfred Derbyshire 8577 Bell Cres, Niagara Falls Ont L2G6Y5 10/16/2023Christine Todd 6612 Bellvue Niagara Falls Ont L2E 1Z1 10/16/2023Christa Nixon 2819 Mars Cres. Niagara Falls Ont L2J 2H4 10/16/2023Josephine & Werner Verbraeken 5537 Chippawa Parkway Niagara Falls Ont L2G 0L5 10/16/2023Jocelyne Griffin 6111 Stanley Ave. Niagara Falls Ont L22Z9 10/16/2023Dianne Eidt 6947 Garden Street Niagara Falls Ont L2G1H8 10/16/2023Miguel Lacroix 6730 Kalar Rd. Niagara Falls Ont L2H 2T5 10/16/2023Ryan Foster 6612 Richard Cres. Niagara Falls Ont L2H 0A9 10/16/2023Cody Lyndon 8381 Breadner Crescent Niagara Falls Ont L2G 6N6 10/16/2023Maryann Patane 6372 Glalaxy Dr. Niagara Falls Ont L2J 3Y3 10/16/2023Lindy Finkbeiner 3257 Galt Cres. Niagara Falls Ont L2G 7R8 10/16/2023Wayne Ward 8140 Sarah Street Niagara Falls Ont L2G6T5 10/16/2023 Page 489 of 990 Morgan MacKenzie 8334 Mears Cres, Niagara Falls Ont L2G 6Y2 10/16/2023Ian T. Hutchinson 25 Concession Road Niagara Falls Ont L2G 7T2 10/16/2023Tracy Stewart 6563 Drummond Niagara Falls Ont L2G 4N6 10/16/2023Gail Coupland 6751 Dunn steet Niagara Falls Ont L2G 2R3 10/16/2023Helen Risk 3351 Cattell Dr. Niagara Falls Ont L2G 6N3 10/16/2023Kaitlyn Krahn 8646 Willoughby Dr. Niagara Falls Ont L2G6X7 10/16/2023Joan Klatt 3900 Portage Rd. #428 Niagara Falls Ont L6j44l8 10/16/2023Vikki Livingston 3215 Tramore Cres. Niagara Falls Ont L2G7P9 10/16/2023Alex Raso 6268 Kalar Road Niagara Falls Ont L2H 1T3 10/16/2023Lindsay Peters 8629 Upper Canada Dr. Niagara falls Ont L2H 0B7 10/16/2023Kendall Darnay 3159 Tramore Cres. Niagara Falls Ont L2G7P9 10/17/2023Suzanne Berger 3589 Callan Street Niagara Falls Ont L2G 8K8 10/17/2023John Egger 5548 Fraser st. Niagara Falls Ont L2E 3C9 10/17/2023Beatrice English 6343 Dores Dr. Niagara Falls Ont L2G 0H1 10/17/2023judy doerr 3812 Mackenzie Drive NIAGARA FALLS Ont L2g6n8 10/17/2023Robert Bermuhler 3084 Chipman Niagara Falls Ont L2G6M5 10/17/2023penny sorgenfrei 8402 Mundare cres Niagara Falls Ont L2G 6M5 10/17/2023Cathy Sage 104‐6848 Isaac Street Niagara Falls Ont L2J 4J2 10/17/2023Trelford Kean 6695 Wills St. Niagara Falls Ont L2J 1Y4 10/17/2023Rhonda Buck 7046 Jill Drive Niagara Falls Ont L2g 7c8 10/17/2023Connie Merritt 2843 Henley Ave. Niagara Falls Ont L2J 3M3 10/17/2023Darlene LeBlanc 3930 Main Street Niagara Falls Ont L2G 6B6 10/17/2023Tim Hudson 9440 Eagle Ridge Dr. #17 Niagara Falls Ont L2H 0G6 10/17/2023John Bulmer 3769 Gunning Dr. Niagara Falls Ont L2G 6L5 10/17/2023Tracy Morgan 9347 Emerald Niagara Falls ChipOnt L2G 0X5 10/17/2023Peter Lowe 2449 Walker Court Niagara Falls Ont L2J 0A2 10/17/2023Desiree Deveau 5436 Montrose Rd. Niagara Falls Ont L2H 1K7 10/17/2023Rob McKee 8455 Willoughby Drive Niagara Falls Ont L2G 6X4 10/17/2023MARK THORNE 4076 welland st Niagara Falls Ont l2g 6j8 10/17/2023Diann McAuley 7923 Sarah Street Niagara Falls Ont L2G 6T6 10/17/2023Terrie Menzies 4286 Chippawa Parkway Niagara Falls Ont L2G 6G1 10/17/2023Lisa Hicks 112=8646 Willoughby Dr. Niagara Falls Ont L2G 6X7 10/17/2023Danielle Haughton 8233 Lamont Ave. Niagara Falls Ont L2G 7L4 10/17/2023angela baby 6601 mcleod rd niagara falls Ont l2g3g3 10/17/2023 Page 490 of 990 Ginger Blythin 4462 Mann Street Niagara Falls Ont L2G 0A4 10/17/2023Johanna Mealing 5375 Palmer Niagara Falls Ont L2E 3V1 10/17/2023Cindy Jones 8613 Bell Cres. Niagara Falls Ont L2G 6Y5 10/17/2023David Allen 6498 Bellvue Street Niagara Falls Ont L2E1Z1 10/17/2023Cindy Janzen 4617 Portage Rd. Niagara Falls Ont L2E 6A9 10/17/2023Catherine Douglas 3563 Callan Street Niagara Falls Ont L2G 6K8 10/17/2023Abbott Amanda 3339 Cattell Dr. Niagara Falls Ont L2G 6N3 10/17/2023Toni Fusarelli 4231 Chippawa Pkwy Niagara falls Ont L2g 6e8 10/17/2023Christina Armistead 4907 Palmer Niagara Falls Ont L2E 3T9 10/17/2023Victoria Randle 6491 Ash St. Niagara Falls Ont L2G 2H4 10/17/2023Kristin Bauer 218 ‐8816 Willoughby Dr. Niagara Falls Ont L2G 6X8 10/17/2023Nicole Faucher 3401 Weinbrenner Rd. Chippawa Ont L2G6X8 10/17/2023Melanie Holm 6961 Oxford Street Niagara Falls Ont L2J 1j3 10/17/2023Amy Mitchell 9374 Shoveller Dr. Niagara Falls Ont L2G 0M3 10/17/2023Dianna Dawson 7948 Sarah Street Niagara Falls Ont L2G 6T5 10/17/2023Jennifer Sadusek 6540 Montrose Rd. Niagara Falls Ont L2H 1M2 10/17/2023Melanie Shores 6167 Valley Way Niagara Falls Ont l2e 1x9 10/17/2023Helen Morneault 4515 Eclipse Way Niagara Falls Ont L2E 6S6 10/17/2023Em Hammond 8379 Willoughby Dr. Niagara Falls Ont L2g6x4 10/17/2023Dylan Ryckman 6048 Fausta Boulevard Niagara Falls Ont L2H 0C9 10/17/2023Nicole Vincent 3794 MacKenzie Dr. Niagara Falls Ont L2G 6N8 10/17/2023Stephanie Knapp 7686 Swan Street Niagara Falls Ont L2H 2R2 10/17/2023Shalaine Kett 4023 Montcalm Cr, Niagara Falls Ont L2G 6M1 10/17/2023Nasreen Mirza Mirza 9586 Tallgrass Niagara Falls Ont L2G 0Y3 10/17/2023Laurie Lock 8579 Furlong Avenue Niagara Falls Ont L2G 6W9 10/17/2023Lisa Auld 6301 Dunn St. Niagara Falls Ont L2G7T9 10/17/2023Connie‐Marie Yasney 8700 Willoughby Drive Niagara Falls Ont L2G 6X7 10/17/2023Maggie Graham 6521 Drummond Rd. Niagara Falls Ont L2G 4N5 10/17/2023Muyiwa Ogunlaja 8796 Tristar Cres. Niagara Falls Ont L2G0A4 10/17/2023Laurie Katz 2521 Coangelo Drive Niagara Falls Ont L2J0A1 10/17/2023Alison Osborne 4613 Portage Rd. Unit 10 Niagara Falls Ont L2E 6A9 10/17/2023Janet Hendry 8428 Breadner Cres, Niagara Falls Ont L2G 6N5 10/17/2023Deanna Brown Woodbine Niagara Falls Ont L2H 1C8 10/17/2023Katherine Mihok 8257 Lamonte Niagara Falls Ont L2G 7L4 10/17/2023 Page 491 of 990 Brenda Hicks 6156 Monterey Niagara Falls Ont L2H 2A4 10/17/2023Elizabeth Foreman 8609 Furlong Avenue Niagara Falls Ont L2g6w9 10/17/2023Rae Latanville 8348 Parkway Dr. Niagara Falls Ont L2G6W7 10/17/2023Wayne Harris 3874 Welland Street Chippawa Ont L2g 6j4 10/17/2023Tanya Brennan 6358 Burdette Dr. Niagara Falls Ont L2E 5H2 10/17/2023Joanna Milinkovich 4646 Lyons Parkway Niagara Falls Ont L2G OA4 10/17/2023KATHLEEN BROWN 8279 Lamonte Ave. Niagara Falls Ont L2G 7L4 10/17/2023Helene Belanger 6521Drummond Apt 709 Niagara Falls Ont L2G 4N5 10/17/2023Tara Mckeag 6108 Wildrose Cres. Niagara Falls Ont L2G 7T3 10/17/2023Jane Carr 4563 Montrose Rd. Niagara Falls Ont L2H 1K1 10/17/2023Shari Archambault 3199 Corry Crescent Niagara Falls Ont L2G 7G2 10/17/2023David Groocock 3381 Strang Drive NIAGARA FALLS Ont L2G 6K2 10/17/2023Karen Barnes 7874 Portage Rd. Niagara Falls Ont L2J 4C9 10/17/2023linda rich 3365 Sheppard Dres. niagara falls Ont L2J 2Y1 10/17/2023TracyAnn DeWolfe 8748 Sodom Rd. Niagara Falls Ont L2G 7B2 10/17/2023Jacki Lightfoot 3261 Tramore Crescnet Niagara Falls Ont L2G 7R1 10/17/2023Kristy Smith 3507 Wiltshire Blvd. Niagara Falls Ont L2J 3E5 10/17/2023Brenda Hobbs 3112 Ussher Niagara Falls Ont L2G 6M2 10/17/2023Desiree Lajeunesse 7151 Bryanne Ct. Niagara Falls Ont L2H 3L4 10/17/2023Chris McLaughlin 215‐6601 McLeod Rd. Niagara Falls Ont L2G 3G3 10/17/2023Trisha Robins 3505 Bond Street Niagara falls Ont L2G6H9 10/17/2023Hermoza Isabella 8263 Costabile Niagara Falls Ont L2H 3L2 10/17/2023shannon geisendorf 8402 Mundare Cres. Niagara Falls Ont L2g 7 m5 10/17/2023Alisha Sorgenfrei 8402 Mundare Cres. Niagara Falls Ont L2G 7M5 10/17/2023Linda Domenico 5820 Sunnylea Cres. Niagara Falls Ont L2G 2R9 10/17/2023Glen Chambers 6936 Crescent Rd. Niagara Falls Ont L2G 2A1 10/17/2023Juliana Hermoza 8263 Costabile Dr. Niagara Falls Ont L2H 3L2 10/17/2023Ken Parliament 214‐6305 Dunn Street Niagara Falls Ont L2G7T9 10/17/2023Shelley Murdock 8729 Willoughy Dr. #17 Niagara Falls Ont L2G 6X6 10/17/2023Rose Baker 2327 Stevensville Rd. Niagara Falls Ont L2G 7T2 10/17/2023Steve Storie 9241 Tallgrass Ave. Chippawa Ont L2G 0A4 10/17/2023Lisa Colbourne 3188 Trqmore Cres. Niagara Falls Ont L2G7R1 10/17/2023Barb and Randy Fretz 3531 Rapids view Dr. Niagara Falls Ont L2G 7M8 10/17/2023Rob Shores 3285 Tramore Crescent Niagara Falls Ont l2g7p8 10/17/2023 Page 492 of 990 Henry Wojnarowski 6341 Jupiter Blvd. Niagara Falls Ont L2J 3Y4 10/17/2023Stephen Burt 6151 Skinner Str Niagara Falls Ont L2G 2Y4 10/17/2023Chris Cousineau 8376 Breadner Cres. Niagara Falls Ont L2G 6N5 10/17/2023Al Hillman 6125 Bellaire Ave. Niagara Falls Ont L2H 1V1 10/17/2023Tim Garnham 5837 Dunn /204 Niagara Falls Ont L2G 2N9 10/17/2023Tammy Lowes 3737 Cartier Drive Niagara Falls Ont L2g6p5 10/17/2023Meghan Wilson 8591 Dogwood Cres. Niagara Falls Ont L2H 0K3 10/17/2023Jamelie Taylor 2913 Portage Road Niagara Falls Ont L2J 2J6 10/17/2023Mary Ellen Morse 23977 Front Street Niagara Falls Ont L2G 6G4 10/17/2023A. Orsborn 7306 Woodgate Street Niagara Falls Ont L2J3Z5 10/17/2023Katie Berger 3589 Callan Street Niagara Falls Ont L2g 6k8 10/17/2023James Barnes 6201 Corwin Ave. Niagara falls Ont L2E 5Y3 10/17/2023Fred Jacobi 4002 Main Street Chippawa Ont L2G 6B8 10/17/2023Donna Mills 3020 Cattell Drive Niagara Falls Ont L2G 6M7 10/17/2023David Morse 23977 Front Street Niagara Falls Ont L2G 6G4 10/17/2023Donna Somerville 4278 Maplewood Ave. Niagara Falls Ont L2E 5T7 10/17/2023Stephen Kelley 7653 Charnwood Avenue Niagara Falls Ont L2H 3E3 10/17/2023Ian Shine 4223 Front Street Niagara Falls Ont L2G 6S8 10/17/2023Marion Miller 3231 Rapelji Niagara Falls Ont L2G 7C1 10/17/2023june greenall 6156 pine grove ave Niagara Falls Ont l2g 4h8 10/17/2023Robert Briggs‐Jude 4336 Kalar Rd. Niagara Falls Ont L2H 1S8 10/17/2023Kevin Huang 3800 Bridgewater Street Niagara Falls Ont L2G6H4 10/17/2023Bertrand Oscar De Windt Vidal 7929 Sarah St. Niagara Falls Ont L2g 6T6 10/17/2023Matt Ford 8394 Ares Ct. Niagara falls Ont L2g6p1 10/17/2023Mandy Bragagnolo 5336 Morden Drive Niagara Falls Ont L2E 3c4 10/17/2023Carrie Yelle 4447 Saw Mill Dr. Niagara Falls Ont L2G 0A4 10/17/2023Laura Berger 3589 Callan St. Niagara Falls Ont L2G 6K8 10/17/2023Karen Pollak 7076 Paisley Avenue Niagara Falls Ont L2G 5C1 10/17/2023Kelly Savoie 5990 Lions Creek Rd. Niagara Falls Ont L2G0L5 10/17/2023Olive Royston 3624 Gunning Drive Niagara Falls Ont L2G 6L4 10/17/2023Jan Wroblewski 4‐5622 Ironwood Niagara Falls Ont L2h 0M5 10/17/2023Erin Sones 6589 Erwin Cres. Niagara Falls Ont L2G 4Z9 10/17/2023Tania Krawczyk 4374 Chemonda St. Niagara Falls Ont L2G 0A4 10/17/2023Peggy Harrison 7692 Donlee Dr. Niagara Falls Ont L2H 2N4 10/17/2023 Page 493 of 990 laura birrell 7017 Woodington Rd. niagara falls Ont L2J 2C4 10/17/2023Zeta Costa 5750 Hemlock Niagara Falls Ont L2G 7V6 10/17/2023Falen Smyth 5364 Beaver Valley Way Niagara Falls Ont L2H 3K4 10/17/2023Lorie Weltz 4120 Wellington Street Niagara Falls Ont L2G 6L7 10/17/2023Helen Schweitzer 6730 Ailanthus Ave. Niagara Falls Ont L2H 2B1 10/17/2023Frank Fohr 5701 MacPherson Cres Niagara Falls Ont L2J1Z9 10/17/2023savannah dube 7309 Freeman St Niagara Falls Ont L2E 5V9 10/17/2023Tania Ejaz 5507 Robinson Street Niagara Falls Ont L2G2A5 10/17/2023Nicole Chaplain‐Pearman 8383 Parkway Dr, Niagara Falls Ont L2G 6W8 10/17/2023Sandra Sagert 6767 Thorold Stone Road Niagara Falls Ont L2J 3W9 10/17/2023Richard Groves 7779 Thomas St. Niagara Falls Ont L2G 6T3 10/17/2023Brittainey Isherwood 3141 Marshall Rd. Niagara Falls Ont L2G0M1 10/17/2023Janet Burt 6151 Skinner Str Niagara Falls Ont L2G 2Y4 10/17/2023Lidia Teixeira 6509 Laguna Ct. Niagara Falls Ont L2H2W4 10/17/2023Crystal Arsenault 4344 PETTIT Ave Niagara Falls Ont L2E 6K8 10/17/2023Jean Cunnane 3937 Main Street Niagara Falls Ont L2G 6B6 10/17/2023Elisha McLeod 3568 Montrose Rd. #114 Niagara Falls Ont L2H 0J6 10/17/2023Carly Orsborn 7316 Woodgate Niagara Falls Ont L2J 3Z5 10/17/2023Chris Watson 8324 Kaumeyer St Niagara Falls Ont L2G6Y1 10/17/2023Linda Wright 8111 Forest Glen Dr. Niagara Falls Ont L2H 2Y7 10/17/2023Allison Chedore 4223 Front Niagara Falls Ont L2G 6G9 10/17/2023Teresa Manders 4061 Front St. Niagara Falls Ont L2G 6G5 10/17/2023Katie Gibson 6350 Dorchester Rd #106 Niagara Falls Ont L2G 0A1 10/17/2023Tom Wilson 6389 Caledonia Street niagara falls Ont l2g5a4 10/18/2023Carol Sebben 3961 Front St. Niagara Falls Ont L2G 6G4 10/18/2023Sharree Eidt 4594 Huron St Niagara Falls Ont L2E 2H5 10/18/2023Carrie Somerville 4278 Maplewood Ave. Niagara Falls Ont L2E 5T7 10/18/2023Diane Somerville 4278 Maplewood Ave. Niagara Falls Ont L2H 5T7 10/18/2023Chelsea Savoie 8811 Banting Avenue Niagara Falls Ont L2G0L5 10/18/2023Heather Wild 8733 Banting Ave. Niagara Falls Ont L2G 6Z7 10/18/2023Nigel Corish 5700 Sunnylea Crescent Niagara Falls Ont L2H2R9 10/18/2023Jessica Fowler 9240 Warner Rd. Niagara Falls Ont L2H 0H6 10/18/2023Eileen Rossi 5991 Cabot Dr Niagara Falls Ont L2G 5E4 10/18/2023Roy Sorgenfrei 6272 Montrose Road Niagara Falls Ont L2H 1L6 10/18/2023 Page 494 of 990 Mary Dunnett 3094 Chipman Cres. Niagara Falls Ont L2G 6M5 10/18/2023Nelly Hicks 7585 Garner R0ad Niagara Falls Ont L2E6S5 10/18/2023Kim Cody 6840 Stamford Green Dr. Niagara Falls Ont L2J 3B3 10/18/2023Jessa Fergie 9214 vWhite Oak Av. Niagara Falls Ont L2G 0A4 10/18/2023Lexi Dunnett 4020 Main Street Niagara Falls Ont L2G 6C1 10/18/2023Phil Dunnett 4020 Main Street Niagara Falls Ont L2G 6C1 10/18/2023Lisa Hokansson 3881 Weinbrenner Rd. Niagara Falls Ont L2G 7Y1 10/18/2023Maya Leva 8802 Drake Ave. Niagara Falls Ont L2G 7A6 10/18/2023Samantha Andres 3584 Bridgewater St. Niagara Falls Ont L2G 6H1 10/18/2023Rich Judge 8691 Banting Avenue Niagara Falls Ont L2G 6Z7 10/18/2023Fabrianne Thorpe 4360 Senecs St. Niagara Falls Ont L2E 1G6 10/18/2023Joanne McCleary 8190 Westwood St. Niagara Falls Ont L2H 1Y4 10/18/2023Giorgio Fazzari 4351 Southerland Ct. Niagara Falls Ont L2G 7W4 10/18/2023Jerry Zaniol 6086 Burdette Dr. Niagara Falls Ont L2E 5G7 10/18/2023Amy Clayton 4910 McRae Street Niagara Falls Ont L2E 1N8 10/18/2023Dawn Muir 7094 Margaret Str. Niagara Falls Ont L2G 2W3 10/18/2023Cindy Nagy 6522 Sheldon St. Niagara Falls Ont L2E5X2 10/18/2023Chelsey Arsenault 3788 St. PeterAvenue Niagara Falls Ont L2J 2N6 10/18/2023Carmen Sauer 8608 Regan Dr. Niagara Falls Ont L2G 5L2 10/18/2023Sandra Beach 414 Longhurst Ave. Niagara Falls Ont L2E6G7 10/18/2023donna sutton 5691 Morse Avenue Niagara falls Ont L2G4G3 10/18/2023Jane Gouck 3331 Harleyford Cres Niagara Falls Ont L2G 7K8 10/18/2023Linda Higgins 7750 Chorozy St. Niagara Falls Ont L2H 2N9 10/18/2023Fungi Zeng 8365 Tulip Tree Drive Niagara Falls Ont L2H 0N3 10/18/2023Tim Harrold 7782 Chorozy St. Niagara Falls Ont L2H 2N7 10/18/2023Colleen Hollingsworth 8109 Pinellas Park Dr. Niagara Falls Ont L2H3B1 10/18/2023Casey Wreaks 7852 Chad Street Niagara Falls Ont L2H 10/18/2023Samira Salim 8415 Elderberry Dr Niagara Falls Ont L2H 0K6 10/18/2023Sherry Ross 6289 McLeod Road Niagara Falls Ont L2G 3E9 10/18/2023Linda Collacott 3284 Tramore Niagara Falls Ont L2G 7P8 10/18/2023Jason Forhan 7775 Parkview Niagara Falls Ont L2H 2Z5 10/18/2023Nouha Darkazlli 4462 Cinnamon grove Niagara Falls Ont l2G 0a4 10/18/2023d zaniol 6086 burdette dr. niagara falls Ont l2g5k3 10/18/2023Mariette Boucher 8116 Sarah Niagara Falls Ont L2G 6T5 10/18/2023 Page 495 of 990 Andrea Wiggins 10185 Niag. River Pkwy. Niagara Falls Ont L2E 6S6 10/19/2023Marie McKee 8455 Willoughby D. Niagara Falls Ont L2G 6X4 10/19/2023Jennifer Martin 4499 Shuttleworth Dr. Niagara Falls Ont L2G0A4 10/19/2023Katie Milinkovoch 4615 Willick Road Niagara Falls Ont L2G 0A4 10/19/2023Lynn Dowding 7070 Whitman Ave. Niagara Falls Ont L2G5B6 10/19/2023Khan Muhammad 6147 Eaglewood Dr. Niagara Falls Ont L2G 0A7 10/19/2023 Page 496 of 990 Addendum to Leslie Laan Petition Closed October 19, 2023 Comments Section Name Comment Fred Weston "The Oaklands/King Waldorf lands and bordering conservation zones are one of the resources that make our community so welcoming and desirable. We have taken it very much for granted, and now face the erosion or eradication of valuable Conservation lands bordering this development. This is completely unacceptable and I will fight with both my opinion and my vote in the next municipal election to Vincent URBANIC "Don’t want to see the destruction of Conervation lands." chris Burnip "We are running out of green spaces . This has to be saved and is critical for biodiversity in the Niagara Region" Sandra Kingma "This is a beautiful parcel of land, Once green land is developed, there’s no Darlene Seebach "Leave the property alone" Vivienne Crawford "It takes approximately an acre of trees to supply enough oxygen for 18 people and we need that oxygen trees provide, the noise reduction trees provide, the shade that lowers the temperature that trees provide. The wildlife need their own place instead of being pushed to extinction by humans and their greed. We already have projects stalled around the city and have commited to more than enough builds to supply the homes that the provincial government has required according to the last meeting in regard to the public meeting for the Dorchester Road property across from Stokes that the city turned down, where the mayor's aunt lives." Kim Davis "I care about the wildlife on Lyons Creek Rd." Brandy Henderson "There are plenty of other locations worthy of this kind of investment. Please develop the other areas of our City that are poised for development before Fionnuala MacLean "We must stop constantly destroying ecosystems such as these if our wildlife are to continue to thrive." Janene St George maryann sullivan "Niagara Falls L2G 6J4" Lisa Papetti "I believe in this" vicki storrie "That is wetlands leave it be the animals need it." Dan Bauer "We need this land to stay as it is, chippawa cannot sustain anymore traffic or population. Example McLeod rd!! Last chance to save what we have left." Linda Abbott "Chippawa is not able to support this many more people. We are at capacity now. Where are the kids going to school? We have one stoplight . Can you imagine the Jocelyne Griffin "Chippawa is a village, let's keep it as a small town, not overpopulated with homes and congestion on our roadways.We must think of our future generations enjoying our wetlands, conservation and wilflife!!" judy doerr "We need to protect our Natural environment in order to sustain our community from the impact of climate change. Niagara Falls must keep its own goals and policy as stated in our climate change adaptation policy plan and our Official Plan...quote "identify opportunities to better protect existing natural assets such as tree canopy, green spaces, wetlands, rivers and flood as part of our storm water management Rob McKee "I'm tired of seeing these greedy people destroy the earth." Cindy Janzen "Enough housing!!!" "I am all for growth, BUT, NOT SO " "MUCH OF IT!!! Throw up a few houses and then be done. Don’t need all these new subdivisions which will kill all the beautiful trees, chase out wildlife and just looks terrible. This is becoming Page 497 of 990 Melanie Shores "I'm so tired of how easily swayed our council is when it comes to changing zoning to housing. This is a conservation area that was designed to save it. But apparently with enough money to grease wheels our council will rezone it. We don't need more housing no one can afford. We need to protect the land and animals that you Shalaine Kett "We need to reconsider how quickly we hand over property to developers for housing. Although change is inevitable, we need to slow down and rethinking how many homes we are cramming into these areas and how much greenspace we are removing. The impact on the surrounding areas will be much greater than just displacing local wildlife and the removal of trees." linda rich "We need some nature around Niagara. Stop the developments already." Kristy Smith "Wild life need somewhere to go. We've taken so much land already and filled it with houses and businesses." Trisha Robins "I care about my community, I care about our kids well being. Out schools are over run, our sewer systems are over loaded, our town of chippawa doesn't have the resources to support this. They are animal that will be pushed into the city and cause problems or sadly die. We don't need over priced housing" Rob Shores "We must respect the land that we use. Over population effects everyone and everything. The land was not designed for this and the infrastructure is Donna Mills "Lyons Creek is already busy. When you come through the area, the green space is beautiful, and doesn’t feel like it is a busy city." Stephen Kelley "I do NOT want those lands rezoned for other uses" june greenall "This is a beautiful green space. Do we need more vehicles in this area NO the road is busy enough." Kevin Huang "Chippawa residence . Don’t destroy our community for rich Toronto investors ! Erin Sones "Chippawa resident and lover of this green space" laura birrell "Chippawa's amenaties are immensely space. Stop over crowding this small once beautiful Village." Zeta Costa "Animals are a last thought when building, unless it hinders production. There are many dilapidated buildings that can be torn down and the property used. To take away wetlands many animals desperately rely on for breeding and living, is not the answer. We need more protected areas for animals that have to live around what we create. I don't know who came up with this idea, but you should be ashamed of yourself. How is it that I can come up with the idea of using buildings sitting around collecting dust and not taking away breeding and living areas for animals, but you " Page 498 of 990 Lexi Dunnett "I’ve grown up here my whole life. The natural beauty of this area should remain as it is. Rezoning and removal of the trees in this area will not only damage the aesthetic of my home, but the local environment. We need more space for nature to co-exist. Additionally, as a young person I am already at threat of being unable to live in my own hometown due to affordability. Building more residential space will not fix this issue but rather exacerbate it as it will bring more people to raise the current housing market exponentially. This is my home. We do not need more subdivisions of identical house inches from one another. Instead we need places of community and for nature to flourish. In a current world where global warming and environmental issues is near approaching the unchangeable point, keeping nature and the environmental balance is of upmost important in urban populated areas. I Lisa McAlpine "Even though we need more housing, taking away green space and forests are not the answer. We must protect the flora and fauna" Chelsey Arsenault "Lots of memories there and beautiful place" SANDRA BEACH "City council has to be made to realize that there has to be a balance between residential growth and natural green spaces. Upset that that balance and there will be a price to pay. We can have that through smart, considerate , innovative planning. Wake up city council, before it's too late. Let's make Niagara Falls a community that other communities want to emulate for our forward thinking." donna sutton "Let nature be enough is enough" Randy West "I am signing because this property exists, or existed, as an ongoing opportunity for our protections of our natural lands, as defined up until now, upheld within our current zoning bylaws in order to protect exactly as this property was originally decidedly zoned.This property has every opportunity to remain as currently zoned and yet still offer employment opportunities as the green space and daily appreciation of its current state, and as the type of profitable uses that originally fell/fall upon it. There is no reason any zoning change from one existing use, to any other use, in order to inherently destroy the fundamental zoning restrictions originally placed upon this area, ought to be allowed to happen simply because money, or more money, can be profited from this change.The owner/applicant of this property has/had purchased this property and taken use thereof, knowing fully that there were limitations to what this property was zoned or intended for, in Paul McGibbon "It should stay the way it is along with alot other places that should of been left Donna Boksa "I do not want this unique echo system developed-" d zaniol "We need to keep some green space and places for water fowl leasure activity for" Katie Milinkovoch "My friend is there and I want our environment to stay how it is" tracey melville "We need to save what little animal habitat is left,they need homes just as much as christina baker "We are fastly losing any land in the falls to housing. We need some grasslands, they create small eco-systems since the government wants us to be eco freindly. Global warming is so fake or officials would know how important this land is." Page 499 of 990 Sarah Ward number of points by city and region staff why council should refuse the Official Plan Amendment and Zoning By-law Amendment applications as detailed in this Report found on the public agenda PBD-2023-062 (civicweb.net) <a href="https://niagarafalls.civicweb.net/document/65367/?fbclid=IwAR19lT_w1tgM qb25hmsQeqbSmb5olJnsYo6sm8FU-4WqxY_dvPIml8UYYWg" rel="nofollow">https://niagarafalls.civicweb.net/document/65367/?fbclid=IwAR19l T_w1tgMqb25hmsQeqbSmb5olJnsYo6sm8FU-4WqxY_dvPIml8UYYWg</a>2. For example, On Page 114 2-88 of the Official Plan Current Document (PDF) Official Plan Current Document | City of Niagara Falls, Canada. 12.3 states "Where land designated Open Space is the subject of a proposed development, Council will ensure that the lands be developed in a manner complementing the open space character of the land and preserving the natural environment." Rezoning the conservation area to residential for 100's of proposed apartmen" Page 500 of 990 4667LyonsParkwayNiagaraFalls,Ontario,L2G0A4October20,2023ATTENTIONCityClerk'sOfficeCityofNiagaraFallsAttn:BillMatsonPleasefindenclosedwithinthisenvelopepetitionswithsignaturesconcerningthebelowproperties.TheindividualswhosignedtheenclosedpetitionsarerequestingthatthispetitionbeaddedtotheAgendaforthenextCityCouncilmeetingtobeheldOctober24,2023.Thepetitionconcernstheproperty(s)referredtoasThelandsof8970and9015StanleyAvenueandLandsontheSouthSideofLyonsCreekRoad,EastofStanleyAvenuePartofLots1,2and3ConcessionBrokenFrontWellandRiverWilloughby,PartofLot20Concession3WilloughbyandPartofRoadAllowancebetweenLots2and3,WilloughbyAssessmentRollNos:2725-130-003-04600;2725-130-003-04600;2725-130-003-00300;2725-130-003-04700Note:ConcurrentOfficialPlanAmendmentApplication-CityFile:AM-2021-016ConcurrentOfficialPlanAmendmentApplication-CityFile:AM-2021-016ZoningBy-lawAmendmentApplication-CityFile:AM-2022-015Applicant:2610832OntarioInc.NameofPetition/ConcernTodefer/declinetheproposedrezoningamendmentstothepropertiesknownastheKingWaldorfCampgroundandtheOaklandsGolfCourseTheowner(s)areseekingtorezonetheabovepropertiesforresidentialusage.AtthepresenttimetheCityofNiagaraFallsisundertakingitsownstudiesandSecondaryPlanontheselands.ThesestudiesandPlanhavenotbeenconcludedand/orassessed.Rezoningshouldnotbeconsideredatthistime.EndingOctober17,2023DatestartedOctober11,2023TotalPages82373whichincludestheonesreferredtointhenotesbelowTotalsignaturesNotespage1forHipwellstatesthathermailingaddressisRR1PortRobinsonHoweverherhomesitsinNiagaraFalls(mapincluded)PleaseincludethisindividualPages2-4eachhaveonesigneethatisnotaresidentofNiagaraFalls.IfullunderstandthattheseindividualswillberemovedfromtheoverallcountItshouldbenotedthatthefirst4pageshavebeenmarkedforthefollowingreasonsIamalsorequestingtobeabletopresentthepetitionattheCouncilMeetingonOctober24,2023.Pleaseconfirm.Shouldyourequirefurtherinformation,pleasefeelfreetocontactmeat905-329-5999ormarienobes@gmail.comThankyouMarieNobesPage 501 of 990 PETITIONToDefer/DeclinetheproposedrezoningAmendmentstothepropertiesknownastheKingWaldorfCampgroundandtheOaklandsGolfCourseittiXWCRRONJ1.Signthepetitiononlyonce.DuplicatednamesareremovedbytheCity2.Youmustbeoflegalagetosign.3.OnlyresidentsofNiagaraFallsandChippawamaysignthepetition.4.Fillallboxeswithcompleteinformation.Thelandsof8970and9015StanleyAvenueandLandsontheSouthSideofLyonsCreekRoad,EastofStanleyAvenuePartofLots1,2and3ConcessionBrokenFrontWellandRiverWilloughby,PartofLot20Concession3WilloughbyandPartofRoadAllowancebetweenLots2and3,WilloughbyAssessmentRollNos:2725-130-003-04600;2725-130-003-04600;2725-130-003-00300;2725-130-003-04700Note:ConcurrentOfficialPlanAmendmentApplication-CityFile:AM-2021-016ConcurrentOfficialPlanAmendmentApplication-CityFile:AM-2021-016ZoningBy-lawAmendmentApplication-CityFile:AM-2022-015Applicant:2610832OntarioInc.Theowner(s)areseekingtorezonetheabovepropertiesforresidentialusage.AtthepresenttimetheCityofNiagaraFallsisundertakingitsownstudiesandSecondaryPlanontheselands.ThesestudiesandPlanhavenotbeenconcludedand/orassessed.Rezoningshouldnotbeconsideredatthistime.WEtheundersignedasktheMayorandCounciloftheCityofNiagaraFallstoDefer/DeclinetheaboverezoningofthelandsreferredtoastheKingWaldorfCampgroundandtheOaklandsGolfCourse.AllstudiesandSecondaryPlanmustbecompletedandproperlyassessedbeforeanyrezoningshouldoccurontheseproperties.FullAddressandPhoneDatePrintNameSignature'THdfind'Start7?J-A/-)'^Cy-j/lky/>/r//*Ctz-ruf'/OPage 502 of 990 JAN/2)HlPu)£U-Cl»n‘VH('\v0"s'Pir:’.j'Rf|I£1>Marshals(UlMarshallKcl0JC£Ii1semap£2019Cityoffiragarafalls|z>CityofNiagaraFails|CityofNi..J.ileracti-ui-iPage 503 of 990 PETITIONToDefer/DeclinetheproposedrezoningAmendmentstothepropertiesknownastheKingWaldorfCampgroundand(heOaklandsGolfCourseRfXHGtRROW1.Signthepetitiononlyonce.DuplicatednamesareremovedbytheCity2.Youmustbeoflegalagetosign.3.OnlyresidentsofNiagaraFallsandChippawamaysignthepetition.4.Fillallboxeswithcompleteinformation.Thelandsof8970and9015StanleyAvenueandLandsontheSouthSideofLyonsCreekRoad,EastofStanleyAvenuePartofLots1,2and3ConcessionBrokenFrontWellandRiverWilloughby,PartofLot20Concession3WilloughbyandPartofRoadAllowancebetweenLots2and3,WilloughbyAssessmentRollNos:2725-130-003-04600;2725-130-003-04600;2725-130-003-00300;2725-130-003-04700Note:ConcurrentOfficialPlanAmendmentApplication-CityFile:AM-2021-016ConcurrentOfficialPlanAmendmentApplication-CityFile:AM-2021-016ZoningBy-lawAmendmentApplication-CityFile:AM-2022-015Applicant:2610832OntarioInc.Theowner(s)areseekingtorezonetheabovepropertiesforresidentialusage.AtthepresenttimetheCityofNiagaraFailsisundertakingitsownstudiesandSecondaryPlanontheselands.ThesestudiesandPlanhavenotbeenconcludedand/orassessed.Rezoningshouldnotbeconsideredatthistime.WEtheundersignedasktheMayorandCounciloftheCityofNiagaraFallstoDefer/DeclinetheaboverezoningofthelandsreferredtoastheKingWaldorfCampgroundandtheOaklandsGolfCourse.AllstudiesandSecondaryPlanmustbecompletedandproperlyassessedbeforeanyrezoningshouldoccurontheseproperties.FullAddressandPhonePrintNameSignatureDate<AS?f(omorris(JMP~UrlAu60iJH.o5?lf7«-|<r/2 5mmiI/O4-o&d>Metry/?/y**0//r\fVcxTMullett'-f'hoLZd63T9314o|b1tif0OuJ-ty12-1*1/'FC)hitcizymjfyaz/jve7?^V-O-T'L-(XhCktjus-(MiOr^?tLBtrwer^c)Ao-e.LZ&0*%OU-f>trH(WAVPage 504 of 990 PETITIONCon’tToDefer/DeclinetheproposedrezoningAmendmentstothepropertiesknownastheKingWaldorfCampgroundandtheOaklandsGolfCourse1.Signthepetitiononlyonce.DuplicatednamesareremovedbytheCity2.Youmustbeoflegalagetosign.3.OnlyresidentsofNiagaraFallsandChippawamaysignthepetition.4.Fillallboxeswithcompleteinformation.FullAddressDatePrintNameSignatureIK/*-"<8?7c{V-coS<Lvg14-i ot o/n/2313057-R T T LPortErieifDt/W£e>i3/jLttireMC'O.$3^(?U,UfOhA7,0LJ>/>'/&/<>fi'/lSr7$&7S~1^ztrXJrfhxrpjQr/Z/^//>-0,(pQl!C{u)^-\AC.fisfL:MfttT&UjDs.nAJoro64^Uhp3^/3/73<-~y;--,yjy1Cftf‘WitzM6tr0<>re7Pinkern**Ila.k7L^7'/;o//4/2301-.rj/mM’CkJ-(limf&L^cd-f-f/do-rA^SStehrJA/<AtFl'njJo'SiS’9^5*3?C>^Page 505 of 990 PETITIONToDefer/DeclinetheproposedrezoningAmendmentstothepropertiesknownastheKingWaldorfCampgroundandtheOaklandsGolfCourse1.Signthepetitiononlyonce.DuplicatednamesareremovedbytheCity2.Youmustbeoflegalagetosign.3.OnlyresidentsofNiagaraFallsandChippawamaysignthepetition.4.Fillallboxeswithcompleteinformation.Thelandsof8970and9015StanleyAvenueandLandsontheSouthSideofLyonsCreekRoad,EastofStanleyAvenuePartofLots1,2and3ConcessionBrokenFrontWellandRiverWilloughby,PartofLot20Concession3WilloughbyandPartofRoadAllowancebetweenLots2and3,WilloughbyAssessmentRollNos:2725-130-003-04600;2725-130-003-04600;2725-130-003-00300;2725-130-003-04700Note:ConcurrentOfficialPlanAmendmentApplication-CityFile:AM-2021-016ConcurrentOfficialPlanAmendmentApplication-CityFile:AM-2021-016ZoningBy-lawAmendmentApplication-CityFile:AM-2022-015Applicant:2610832OntarioInc.Theowner(s)areseekingtorezonetheabovepropertiesforresidentialusage.AtthepresenttimetheCityofNiagaraFallsisundertakingitsownstudiesandSecondaryPlanontheselands.ThesestudiesandPlanhavenotbeenconcludedand/orassessed.Rezoningshouldnotbeconsideredatthistime.WEtheundersignedasktheMayorandCounciloftheCityofNiagaraFallstoDefer/DeclinetheaboverezoningofthelandsreferredtoastheKingWaldorfCampgroundandtheOaklandsGolfCourse.AllstudiesandSecondaryPlanmustbecompletedandproperlyassessedbeforeanyrezoningshouldoccurontheseproperties.FullAddressSignatureDatePrintNamewinCa~c(a'is/xy/y&cToJ-u/232oryucujjc[(Xhil&L&zr\o/ziQ£'7/0/3/*W/QujRdSHIPGoJlanSL.Y>Wf//7<7/?AV,(x£rX('YYXiT-7?5JidttiofI&L()rrifo1/0rt2.y/Vll/V/0tb/£lclOcsm/rts?2>/g^Pern/11lU0J2*-forcer/lb~3(4QjiRcunJaRfXC.Uc(|pCLrriQch,RJWM.!AjL/yuVjVjsf/l&usdres.fif,F*TCjtol£35fsEL£>1fllkLM3%X1-PJC/A/*=>T)/Z.<Per2JWOYAWZ-//Aovr.QMW(Page 506 of 990 PETITIONToDefer/DeclinetheproposedrezoningAmendmentstothepropertiesknownastheKingWaldorfCampgroundandtheOaklandsGolfCourseThelandsof8970and9015StanleyAvenueandLandsontheSouthSideofLyonsCreekRoad,EastofStanleyAvenuePartofLots1,2and3ConcessionBrokenFrontWellandRiverWilloughby,PartofLot20Concession3WilloughbyandPartofRoadAllowancebetweenLots2and3,WilloughbyAssessmentRollNos:2725-130-003-04600;2725-130-003-04600;2725-130-003-00300;2725-130-003-04700Note:ConcurrentOfficialPlanAmendmentApplication-CityFile:AM-2021-016ConcurrentOfficialPlanAmendmentApplication-CityFile:AM-2021-016ZoningBy-lawAmendmentApplication-CityFile:AM-2022-015Applicant:2610832OntarioInc.Theowner(s)areseekingtorezonetheabovepropertiesforresidentialusage.AtthepresenttimetheCityofNiagaraFallsisundertakingitsownstudiesandSecondaryPlanontheselands.ThesestudiesandPlanhavenotbeenconcludedand/orassessed.Rezoningshouldnotbeconsideredatthistime.WEtheundersignedasktheMayorandCounciloftheCityofNiagaraFallstoDefer/DeclinetheaboverezoningofthelandsreferredtoastheKingWaldorfCampgroundandtheOaklandsGolfCourse.AllstudiesandSecondaryPlanmustbecompletedandproperlyassessedbeforeanyrezoningshouldoccurontheseproperties.FullAddressSignatureDatePrintNameU&oHL)\]ULAUJ#*:j1.Signthepetitiononlyonce.DuplicatednamesareremovedbytheCity3.OnlyresidentsofNiagaraFallsandChippawamaysignthepetition.2.Youmustbeoflegalagetosign.4.Fillallboxeswithcompleteinformation.Page 507 of 990 PETITIONToDefer/DeclinetheproposedrezoningAmendmentstothepropertiesknownastheKingWaldorfCampgroundandtheOaklandsGolfCourseThelandsof8970and9015StanleyAvenueandLandsontheSouthSideofLyonsCreekRoad,EastofStanleyAvenuePartofLots1,2and3ConcessionBrokenFrontWellandRiverWilloughby,PartofLot20Concession3WilloughbyandPartofRoadAllowancebetweenLots2and3,WilloughbyAssessmentRollNos:2725-130-003-04600;2725-130-003-04600;2725-130-003-00300;2725-130-003-04700Note:ConcurrentOfficialPlanAmendmentApplication-CityFile:AM-2021-016ConcurrentOfficialPlanAmendmentApplication-CityFile:AM-2021-016ZoningBy-lawAmendmentApplication-CityFile:AM-2022-015Applicant:2610832OntarioInc.Theowner(s)areseekingtorezonetheabovepropertiesforresidentialusage.AtthepresenttimetheCityofNiagaraFallsisundertakingitsownstudiesandSecondaryPlanontheselands.ThesestudiesandPlanhavenotbeenconcludedand/orassessed.Rezoningshouldnotbeconsideredatthistime.WEtheundersignedasktheMayorandCounciloftheCityofNiagaraFallstoDefer/DeclinetheaboverezoningofthelandsreferredtoastheKingWaldorfCampgroundandtheOaklandsGolfCourse.AllstudiesandSecondaryPlanmustbecompletedandproperlyassessedbeforeanyrezoningshouldoccurontheseproperties.FullAddressSignatureDatePrintName<5CT/67d)GiI1.Signthepetitiononlyonce.DuplicatednamesareremovedbytheCity3.OnlyresidentsofNiagaraFallsandChippawamaysignthepetition.2.Youmustbeoflegalagetosign.4.Fillallboxeswithcompleteinformation.Page 508 of 990 PETITIONToDefer/DeclinetheproposedrezoningAmendmentstothepropertiesknownastheKingWaldorfCampgroundandtheOaklandsGolfCourseThelandsof8970and9015StanleyAvenueandLandsontheSouthSideofLyonsCreekRoad,EastofStanleyAvenuePartofLots1,2and3ConcessionBrokenFrontWellandRiverWilloughby,PartofLot20Concession3WilloughbyandPartofRoadAllowancebetweenLots2and3,WilloughbyAssessmentRollNos:2725-130-003-04600;2725-130-003-04600;2725-130-003-00300;2725-130-003-04700Note:ConcurrentOfficialPlanAmendmentApplication-CityFile:AM-2021-016ConcurrentOfficialPlanAmendmentApplication-CityFile:AM-2021-016ZoningBy-lawAmendmentApplication-CityFile:AM-2022-015Applicant:2610832OntarioInc.Theowner(s)areseekingtorezonetheabovepropertiesforresidentialusage.AtthepresenttimetheCityofNiagaraFallsisundertakingitsownstudiesandSecondaryPlanontheselands.ThesestudiesandPlanhavenotbeenconcludedand/orassessed.Rezoningshouldnotbeconsideredatthistime.WEtheundersignedasktheMayorandCounciloftheCityofNiagaraFallstoDefer/DeclinetheaboverezoningofthelandsreferredtoastheKingWaldorfCampgroundandtheOaklandsGolfCourse.AllstudiesandSecondaryPlanmustbecompletedandproperlyassessedbeforeanyrezoningshouldoccurontheseproperties.FullAddress,o^"'"‘Ml<=^•SU'S^clv.SigDate/nHrPrint-Namev'jyiXT'Vav)vx2.Youmustbeoflegalagetosign.4.Fillallboxeswithcompleteinformation.1.Signthepetitiononlyonce.DuplicatednamesareremovedbytheCity3.OnlyresidentsofNiagaraFallsandChippawamaysignthepetition.Page 509 of 990 PETITIONToDefer/DeclinetheproposedrezoningAmendmentstothepropertiesknownastheKingWaldorfCampgroundandtheOaklandsGolfCourseThelandsof8970and9015StanleyAvenueandLandsontheSouthSideofLyonsCreekRoad,EastofStanleyAvenuePartofLots1,2and3ConcessionBrokenFrontWellandRiverWilloughby,PartofLot20Concession3WilloughbyandPartofRoadAllowancebetweenLots2and3,WilloughbyAssessmentRollNos:2725-130-003-04600;2725-130-003-04600;2725-130-003-00300;2725-130-003-04700Note:ConcurrentOfficialPlanAmendmentApplication-CityFile:AM-2021-016ConcurrentOfficialPlanAmendmentApplication-CityFile:AM-2021-016ZoningBy-lawAmendmentApplication-CityFile:AM-2022-015Applicant:2610832OntarioInc.Theowner(s)areseekingtorezonetheabovepropertiesforresidentialusage.AtthepresenttimetheCityofNiagaraFallsisundertakingitsownstudiesandSecondaryPlanontheselands.ThesestudiesandPlanhavenotbeenconcludedand/orassessed.Rezoningshouldnotbeconsideredatthistime.WEtheundersignedasktheMayorandCounciloftheCityofNiagaraFallstoDefer/DeclinetheaboverezoningofthelandsreferredtoastheKingWaldorfCampgroundandtheOaklandsGolfCourse.AllstudiesandSecondaryPlanmustbecompletedandproperlyassessedbeforeanyrezoningshouldoccurontheseproperties.FullAddressDatePrintNameSignature5-i(MhiEQ—d(lh772.Youmustbeoflegalagetosign.4.Fillallboxeswithcompleteinformation.1.Signthepetitiononlyonce.DuplicatednamesareremovedbytheCity3.OnlyresidentsofNiagaraFallsandChippawamaysignthepetition.Page 510 of 990 PETITIONToDefer/DeclinetheproposedrezoningAmendmentstothepropertiesknownastheKingWaldorfCampgroundandtheOaklandsGolfCourseThelandsof8970and9015StanleyAvenueandLandsontheSouthSideofLyonsCreekRoad,EastofStanleyAvenuePartofLots1,2and3ConcessionBrokenFrontWellandRiverWilloughby,PartofLot20Concession3WilloughbyandPartofRoadAllowancebetweenLots2and3,WilloughbyAssessmentRollNos:2725-130-003-04600;2725-130-003-04600;2725-130-003-00300;2725-130-003-04700Note:ConcurrentOfficialPlanAmendmentApplication-CityFile:AM-2021-016ConcurrentOfficialPlanAmendmentApplication-CityFile:AM-2021-016ZoningBy-lawAmendmentApplication-CityFile:AM-2022-015Applicant:2610832OntarioInc.Theowner(s)areseekingtorezonetheabovepropertiesforresidentialusage.AtthepresenttimetheCityofNiagaraFallsisundertakingitsownstudiesandSecondaryPlanontheselands.ThesestudiesandPlanhavenotbeenconcludedand/orassessed.Rezoningshouldnotbeconsideredatthistime.WEtheundersignedasktheMayorandCounciloftheCityofNiagaraFallstoDefer/DeclinetheaboverezoningofthelandsreferredtoastheKingWaldorfCampgroundandtheOaklandsGolfCourse.AllstudiesandSecondaryPlanmustbecompletedandproperlyassessedbeforeanyrezoningshouldoccurontheseproperties.FullAddressProfit&SignatureDatePrintNamej'TA/Jt'firi-JTtrij-6o/iQcr7dbAw-1.Signthepetitiononlyonce.DuplicatednamesareremovedbytheCity3.OnlyresidentsofNiagaraFallsandChippawamaysignthepetition.2.Youmustbeoflegalagetosign.4.Fillallboxeswithcompleteinformation.Page 511 of 990 PETITIONToDefer/DeclinetheproposedrezoningAmendmentstothepropertiesknownastheKingWaldorfCampgroundandtheOaklandsGolfCourseThelandsof8970and9015StanleyAvenueandLandsontheSouthSideofLyonsCreekRoad,EastofStanleyAvenuePartofLots1,2and3ConcessionBrokenFrontWellandRiverWilloughby,PartofLot20Concession3WilloughbyandPartofRoadAllowancebetweenLots2and3,WilloughbyAssessmentRollNos:2725-130-003-04600;2725-130-003-04600;2725-130-003-00300;2725-130-003-04700Note:ConcurrentOfficialPlanAmendmentApplication-CityFile:AM-2021-016ConcurrentOfficialPlanAmendmentApplication-CityFile:AM-2021-016ZoningBy-lawAmendmentApplication-CityFile:AM-2022-015Applicant:2610832OntarioInc.Theowner(s)areseekingtorezonetheabovepropertiesforresidentialusage.AtthepresenttimetheCityofNiagaraFallsisundertakingitsownstudiesandSecondaryPlanontheselands.ThesestudiesandPlanhavenotbeenconcludedand/orassessed.Rezoningshouldnotbeconsideredatthistime.WEtheundersignedasktheMayorandCounciloftheCityofNiagaraFallstoDefer/DeclinetheaboverezoningofthelandsreferredtoastheKingWaldorfCampgroundandtheOaklandsGolfCourse.AllstudiesandSecondaryPlanmustbecompletedandproperlyassessedbeforeanyrezoningshouldoccurontheseproperties.FullAddressandPhone#SignatureDatePrintNameVLXG(ofz3tPaf/7/j31.Signthepetitiononlyonce.DuplicatednamesareremovedbytheCity3.OnlyresidentsofNiagaraFallsandChippawamaysignthepetition.2.Youmustbeoflegalagetosign.4.Fillallboxeswithcompleteinformation.Page 512 of 990 PETITIONToDefer/DeclinetheproposedrezoningAmendmentstothepropertiesknownastheKingWaldorfCampgroundandtheOaklandsGolfCourseThelandsof8970and9015StanleyAvenueandLandsontheSouthSideofLyonsCreekRoad,EastofStanleyAvenuePartofLots1,2and3ConcessionBrokenFrontWellandRiverWilloughby,PartofLot20Concession3WilloughbyandPartofRoadAllowancebetweenLots2and3,WilloughbyAssessmentRollNos:2725-130-003-04600;2725-130-003-04600;2725-130-003-00300;2725-130-003-04700Note:ConcurrentOfficialPlanAmendmentApplication-CityFile:AM-2021-016ConcurrentOfficialPlanAmendmentApplication-CityFile:AM-2021-016ZoningBy-lawAmendmentApplication-CityFile:AM-2022-015Applicant:2610832OntarioInc.Theowner(s)areseekingtorezonetheabovepropertiesforresidentialusage.AtthepresenttimetheCityofNiagaraFallsisundertakingitsownstudiesandSecondaryPlanontheselands.ThesestudiesandPlanhavenotbeenconcludedand/orassessed.Rezoningshouldnotbeconsideredatthistime.WEtheundersignedasktheMayorandCounciloftheCityofNiagaraFallstoDefer/DeclinetheaboverezoningofthelandsreferredtoastheKingWaldorfCampgroundandtheOaklandsGolfCourse.AllstudiesandSecondaryPlanmustbecompletedandproperlyassessedbeforeanyrezoningshouldoccurontheseproperties.FullAddressSignaturePrintNameDatenCrmo-2~a.6ze/c/:o/./JF076V/*1.Signthepetitiononlyonce.DuplicatednamesareremovedbytheCity3.OnlyresidentsofNiagaraFallsandChippawamaysignthepetition.2.Youmustbeoflegalagetosign.4.Fillallboxeswithcompleteinformation.Page 513 of 990 PETITIONToDefer/DeclinetheproposedrezoningAmendmentstothepropertiesknownastheKingWaldorfCampgroundandtheOaklandsGolfCourseThelandsof8970and9015StanleyAvenueandLandsontheSouthSideofLyonsCreekRoad,EastofStanleyAvenuePartofLots1,2and3ConcessionBrokenFrontWellandRiverWilloughby,PartofLot20Concession3WilloughbyandPartofRoadAllowancebetweenLots2and3,WilloughbyAssessmentRollNos:2725-130-003-04600;2725-130-003-04600;2725-130-003-00300;2725-130-003-04700Note:ConcurrentOfficialPlanAmendmentApplication-CityFile:AM-2021-016ConcurrentOfficialPlanAmendmentApplication-CityFile:AM-2021-016ZoningBy-lawAmendmentApplication-CityFile:AM-2022-015Applicant:2610832OntarioInc.Theowner(s)areseekingtorezonetheabovepropertiesforresidentialusage.AtthepresenttimetheCityofNiagaraFallsisundertakingitsownstudiesandSecondaryPlanontheselands.ThesestudiesandPlanhavenotbeenconcludedand/orassessed.Rezoningshouldnotbeconsideredatthistime.WEtheundersignedasktheMayorandCounciloftheCityofNiagaraFallstoDefer/DeclinetheaboverezoningofthelandsreferredtoastheKingWaldorfCampgroundandtheOaklandsGolfCourse.AllstudiesandSecondaryPlanmustbecompletedandproperlyassessedbeforeanyrezoningshouldoccurontheseproperties.FullAddressAMDAtfc/JB.SignatureDatePrintName/0/3/zto2-fcJ-8-O*<2-0tf(QC,/>.r.O/v.C^Gr(p/2q^TTffZuQ1.Signthepetitiononlyonce.DuplicatednamesareremovedbytheCity3.OnlyresidentsofNiagaraFallsandChippawamaysignthepetition.2.Youmustbeoflegalagetosign.4.Fillallboxeswithcompleteinformation.Page 514 of 990 PETITIONToDefer/DeclinetheproposedrezoningAmendmentstothepropertiesknownastheKingWaldorfCampgroundandtheOaklandsGolfCourseThelandsof8970and9015StanleyAvenueandLandsontheSouthSideofLyonsCreekRoad,EastofStanleyAvenuePartofLots1,2and3ConcessionBrokenFrontWellandRiverWilloughby,PartofLot20Concession3WilloughbyandPartofRoadAllowancebetweenLots2and3,WilloughbyAssessmentRollNos:2725-130-003-04600;2725-130-003-04600;2725-130-003-00300;2725-130-003-04700Note:ConcurrentOfficialPlanAmendmentApplication-CityFile:AM-2021-016ConcurrentOfficialPlanAmendmentApplication-CityFile:AM-2021-016ZoningBy-lawAmendmentApplication-CityFile:AM-2022-015Applicant:2610832OntarioInc.Theowner(s)areseekingtorezonetheabovepropertiesforresidentialusage.AtthepresenttimetheCityofNiagaraFallsisundertakingitsownstudiesandSecondaryPlanontheselands.ThesestudiesandPlanhavenotbeenconcludedand/orassessed.Rezoningshouldnotbeconsideredatthistime.WEtheundersignedasktheMayorandCounciloftheCityofNiagaraFallstoDefer/DeclinetheaboverezoningofthelandsreferredtoastheKingWaldorfCampgroundandtheOaklandsGolfCourse.AllstudiesandSecondaryPlanmustbecompletedandproperlyassessedbeforeanyrezoningshouldoccurontheseproperties.FullAddressSignatureDatePrintNameCVAAiOMG'(bosbait-1.Signthepetitiononlyonce.DuplicatednamesareremovedbytheCity3.OnlyresidentsofNiagaraFallsandChippawamaysignthepetition.2.Youmustbeoflegalagetosign.4.Fillallboxeswithcompleteinformation.Page 515 of 990 PETITIONToDefer/DeclinetheproposedrezoningAmendmentstothepropertiesknownastheKingWaldorfCampgroundandtheOaklandsGolfCourseThelandsof8970and9015StanleyAvenueandLandsontheSouthSideofLyonsCreekRoad,EastofStanleyAvenuePartofLots1,2and3ConcessionBrokenFrontWellandRiverWilloughby,PartofLot20Concession3WilloughbyandPartofRoadAllowancebetweenLots2and3,WilloughbyAssessmentRollNos:2725-130-003-04600;2725-130-003-04600;2725-130-003-00300;2725-130-003-04700Note:ConcurrentOfficialPlanAmendmentApplication-CityFile:AM-2021-016ConcurrentOfficialPlanAmendmentApplication-CityFile:AM-2021-016ZoningBy-lawAmendmentApplication-CityFile:AM-2022-015Applicant:2610832OntarioInc.Theowner(s)areseekingtorezonetheabovepropertiesforresidentialusage.AtthepresenttimetheCityofNiagaraFallsisundertakingitsownstudiesandSecondaryPlanontheselands.ThesestudiesandPlanhavenotbeenconcludedand/orassessed.Rezoningshouldnotbeconsideredatthistime.WEtheundersignedasktheMayorandCounciloftheCityofNiagaraFallstoDefer/DeclinetheaboverezoningofthelandsreferredtoastheKingWaldorfCampgroundandtheOaklandsGolfCourse.AllstudiesandSecondaryPlanmustbecompletedandproperlyassessedbeforeanyrezoningshouldoccurontheseproperties.(WfitFullAddressSignatureDatePrintName0dib/2^,t')t„FRLLCy.-Tn.'M.Qc-rn-.^1.Signthepetitiononlyonce.DuplicatednamesareremovedbytheCity3.OnlyresidentsofNiagaraFallsandChippawamaysignthepetition.2.Youmustbeoflegalagetosign.4.Fillallboxeswithcompleteinformation.Page 516 of 990 PETITIONToDefer/DeclinetheproposedrezoningAmendmentstothepropertiesknownastheKingWaldorfCampgroundandtheOaklandsGolfCourseThelandsof8970and9015StanleyAvenueandLandsontheSouthSideofLyonsCreekRoad,EastofStanleyAvenuePartofLots1,2and3ConcessionBrokenFrontWellandRiverWilloughby,PartofLot20Concession3WilloughbyandPartofRoadAllowancebetweenLots2and3,WilloughbyAssessmentRollNos:2725-130-003-04600;2725-130-003-04600;2725-130-003-00300;2725-130-003-04700Note:ConcurrentOfficialPlanAmendmentApplication-CityFile:AM-2021-016ConcurrentOfficialPlanAmendmentApplication-CityFile:AM-2021-016ZoningBy-lawAmendmentApplication-CityFile:AM-2022-015Applicant:2610832OntarioInc.Theowner(s)areseekingtorezonetheabovepropertiesforresidentialusage.AtthepresenttimetheCityofNiagaraFallsisundertakingitsownstudiesandSecondaryPlanontheselands.ThesestudiesandPlanhavenotbeenconcludedand/orassessed.Rezoningshouldnotbeconsideredatthistime.WEtheundersignedasktheMayorandCounciloftheCityofNiagaraFallstoDefer/DeclinetheaboverezoningofthelandsreferredtoastheKingWaldorfCampgroundandtheOaklandsGolfCourse.AllstudiesandSecondaryPlanmustbecompletedandproperlyassessedbeforeanyrezoningshouldoccurontheseproperties.Qk.flTTFullAddressDateSignaturePrintName4^/Vh^-4~/ic/Q—frtLfAjAt>«J*aje.Z'FtZ.mcdfart,.f<C/7?r\u2.Youmustbeoflegalagetosign.4.Fillallboxeswithcompleteinformation.1.Signthepetitiononlyonce.DuplicatednamesareremovedbytheCity3.OnlyresidentsofNiagaraFallsandChippawamaysignthepetition.Page 517 of 990 PETITIONToDefer/DeclinetheproposedrezoningAmendmentstothepropertiesknownastheKingWaldorfCampgroundandtheOaklandsGolfCourseThelandsof8970and9015StanleyAvenueandLandsontheSouthSideofLyonsCreekRoad,EastofStanleyAvenuePartofLots1,2and3ConcessionBrokenFrontWellandRiverWilloughby,PartofLot20Concession3WilloughbyandPartofRoadAllowancebetweenLots2and3,WilloughbyAssessmentRollNos:2725-130-003-04600;2725-130-003-04600;2725-130-003-00300;2725-130-003-04700Note:ConcurrentOfficialPlanAmendmentApplication-CityFile:AM-2021-016ConcurrentOfficialPlanAmendmentApplication-CityFile:AM-2021-016ZoningBy-lawAmendmentApplication-CityFile:AM-2022-015Applicant:2610832OntarioInc.Theowner(s)areseekingtorezonetheabovepropertiesforresidentialusage.AtthepresenttimetheCityofNiagaraFallsisundertakingitsownstudiesandSecondaryPlanontheselands.ThesestudiesandPlanhavenotbeenconcludedand/orassessed.Rezoningshouldnotbeconsideredatthistime.WEtheundersignedasktheMayorandCounciloftheCityofNiagaraFallstoDefer/DeclinetheaboverezoningofthelandsreferredtoastheKingWaldorfCampgroundandtheOaklandsGolfCourse.AllstudiesandSecondaryPlanmustbecompletedandproperlyassessedbeforeanyrezoningshouldoccurontheseproperties.FullAddressSignatureDatePrintNameftS^2lilr/tJPJ?MovjZbh&ck(AicJ-fnh](AJP03/1Y\1.Signthepetitiononlyonce.DuplicatednamesareremovedbytheCity3.OnlyresidentsofNiagaraFallsandChippawamaysignthepetition.2.Youmustbeoflegalagetosign.4.Fillallboxeswithcompleteinformation.Page 518 of 990 PETITIONToDefer/DeclinetheproposedrezoningAmendmentstothepropertiesknownastheKingWaldorfCampgroundandtheOaklandsGolfCourse^»0HEIWNGERMMThelandsof8970and9015StanleyAvenueandLandsontheSouthSideofLyonsCreekRoad,EastofStanleyAvenuePartofLots1,2and3ConcessionBrokenFrontWellandRiverWilloughby,PartofLot20Concession3WilloughbyandPartofRoadAllowancebetweenLots2and3,WilloughbyAssessmentRollNos:2725-130-003-04600;2725-130-003-04600;2725-130-003-00300;2725-130-003-04700Note:ConcurrentOfficialPlanAmendmentApplication-CityFile:AM-2021-016ConcurrentOfficialPlanAmendmentApplication-CityFile:AM-2021-016ZoningBy-lawAmendmentApplication-CityFile:AM-2022-015Applicant:2610832OntarioInc.Theowner(s)areseekingtorezonetheabovepropertiesforresidentialusage.AtthepresenttimetheCityofNiagaraFallsisundertakingitsownstudiesandSecondaryPlanontheselands.ThesestudiesandPlanhavenotbeenconcludedand/orassessed.Rezoningshouldnotbeconsideredatthistime.WEtheundersignedasktheMayorandCounciloftheCityofNiagaraFallstoDefer/DeclinetheaboverezoningofthelandsreferredtoastheKingWaldorfCampgroundandtheOaklandsGolfCourse.AllstudiesandSecondaryPlanmustbecompletedandproperlyassessedbeforeanyrezoningshouldoccurontheseproperties.FullAddress^SignatureDatePrintNameKfidefljL.lSuerd+J9S7S/•'ASa0(&r/5gbojx***S75ZUb'rZ1.Signthepetitiononlyonce.DuplicatednamesareremovedbytheCity3.OnlyresidentsofNiagaraFallsandChippawamaysignthepetition.2.Youmustbeoflegalagetosign.4.Fillallboxeswithcompleteinformation.Page 519 of 990 PETITIONToDefer/DeclinetheproposedrezoningAmendmentstothepropertiesknownastheKingWaldorfCampgroundandtheOaklandsGolfCourseThelandsof8970and9015StanleyAvenueandLandsontheSouthSideofLyonsCreekRoad,EastofStanleyAvenuePartofLots1,2and3ConcessionBrokenFrontWellandRiverWilloughby,PartofLot20Concession3WilloughbyandPartofRoadAllowancebetweenLots2and3,WilloughbyAssessmentRollNos:2725-130-003-04600;2725-130-003-04600;2725-130-003-00300;2725-130-003-04700Note:ConcurrentOfficialPlanAmendmentApplication-CityFile:AM-2021-016ConcurrentOfficialPlanAmendmentApplication-CityFile:AM-2021-016ZoningBy-lawAmendmentApplication-CityFile:AM-2022-015Applicant:2610832OntarioInc.Theowner(s)areseekingtorezonetheabovepropertiesforresidentialusage.AtthepresenttimetheCityofNiagaraFallsisundertakingitsownstudiesandSecondaryPlanontheselands.ThesestudiesandPlanhavenotbeenconcludedand/orassessed.Rezoningshouldnotbeconsideredatthistime.WEtheundersignedasktheMayorandCounciloftheCityofNiagaraFallstoDefer/DeclinetheaboverezoningofthelandsreferredtoastheKingWaldorfCampgroundandtheOaklandsGolfCourse.AllstudiesandSecondaryPlanmustbecompletedandproperlyassessedbeforeanyrezoningshouldoccurontheseproperties.FullAddress-V%SignatureDatePrintNametV99*/Off//PaIOa/J^/ULbC\/aibnULnNf!0[5j3feresiti>•-r970/01.Signthepetitiononlyonce.DuplicatednamesareremovedbytheCity3.OnlyresidentsofNiagaraFallsandChippawamaysignthepetition.2.Youmustbeoflegalagetosign.4.Fillallboxeswithcompleteinformation.Page 520 of 990 PETITIONToDefer/DeclinetheproposedrezoningAmendmentstothepropertiesknownastheKingWaldorfCampgroundandtheOaklandsGolfCourseThelandsof8970and9015StanleyAvenueandLandsontheSouthSideofLyonsCreekRoad,EastofStanleyAvenuePartofLots1,2and3ConcessionBrokenFrontWellandRiverWilloughby,PartofLot20Concession3WilloughbyandPartofRoadAllowancebetweenLots2and3,WilloughbyAssessmentRollNos:2725-130-003-04600;2725-130-003-04600;2725-130-003-00300;2725-130-003-04700Note:ConcurrentOfficialPlanAmendmentApplication-CityFile:AM-2021-016ConcurrentOfficialPlanAmendmentApplication-CityFile:AM-2021-016ZoningBy-lawAmendmentApplication-CityFile:AM-2022-015Applicant:2610832OntarioInc.Theowner(s)areseekingtorezonetheabovepropertiesforresidentialusage.AtthepresenttimetheCityofNiagaraFallsisundertakingitsownstudiesandSecondaryPlanontheselands.ThesestudiesandPlanhavenotbeenconcludedand/orassessed.Rezoningshouldnotbeconsideredatthistime.WEtheundersignedasktheMayorandCounciloftheCityofNiagaraFallstoDefer/DeclinetheaboverezoningofthelandsreferredtoastheKingWaldorfCampgroundandtheOaklandsGolfCourse.AllstudiesandSecondaryPlanmustbecompletedandproperlyassessedbeforeanyrezoningshouldoccurontheseproperties.FullAddressSignatureDatePrintNameAQqkW/zo#4*3^*0Cc-7\V;Q\Y\7LZG7V\JHa2^NTAV^V^^Cjr’A)OAl<3A1.Signthepetitiononlyonce.DuplicatednamesareremovedbytheCity3.OnlyresidentsofNiagaraFallsandChippawamaysignthepetition.2.Youmustbeoflegalagetosign.4.Fillallboxeswithcompleteinformation.Page 521 of 990 PETITIONToDefer/DeclinetheproposedrezoningAmendmentstothepropertiesknownastheKingWaldorfCampgroundandtheOaklandsGolfCourseThelandsof8970and9015StanleyAvenueandLandsontheSouthSideofLyonsCreekRoad,EastofStanleyAvenuePartofLots1,2and3ConcessionBrokenFrontWellandRiverWilloughby,PartofLot20Concession3WilloughbyandPartofRoadAllowancebetweenLots2and3,WilloughbyAssessmentRollNos:2725-130-003-04600;2725-130-003-04600;2725-130-003-00300;2725-130-003-04700Note:ConcurrentOfficialPlanAmendmentApplication-CityFile:AM-2021-016ConcurrentOfficialPlanAmendmentApplication-CityFile:AM-2021-016ZoningBy-lawAmendmentApplication-CityFile:AM-2022-015Applicant:2610832OntarioInc.Theowner(s)areseekingtorezonetheabovepropertiesforresidentialusage.AtthepresenttimetheCityofNiagaraFallsisundertakingitsownstudiesandSecondaryPlanontheselands.ThesestudiesandPlanhavenotbeenconcludedand/orassessed.Rezoningshouldnotbeconsideredatthistime.WEtheundersignedasktheMayorandCounciloftheCityofNiagaraFallstoDefer/DeclinetheaboverezoningofthelandsreferredtoastheKingWaldorfCampgroundandtheOaklandsGolfCourse.AllstudiesandSecondaryPlanmustbecompletedandproperlyassessedbeforeanyrezoningshouldoccurontheseproperties.FullAddressSignatiDatePrintNameL-rf:O-iQMnLU^m^^2.Youmustbeoflegalagetosign.4.Fillallboxeswithcompleteinformation.1.Signthepetitiononlyonce.DuplicatednamesareremovedbytheCity3.OnlyresidentsofNiagaraFallsandChippawamaysignthepetition.Page 522 of 990 PETITIONToDefer/DeclinetheproposedrezoningAmendmentstothepropertiesknownastheKingWaldorfCampgroundandtheOaklandsGolfCourseKEJWWeRMW1.Signthepetitiononlyonce.DuplicatednamesareremovedbytheCity2.Youmustbeoflegalagetosign.3.OnlyresidentsofNiagaraFallsandChippawamaysignthepetition.4.Fillallboxeswithcompleteinformation.Thelandsof8970and9015StanleyAvenueandLandsontheSouthSideofLyonsCreekRoad,EastofStanleyAvenuePartofLots1,2and3ConcessionBrokenFrontWellandRiverWilloughby,PartofLot20Concession3WilloughbyandPartofRoadAllowancebetweenLots2and3,WilloughbyAssessmentRollNos:2725-130-003-04600;2725-130-003-04600;2725-130-003-00300;2725-130-003-04700Note:ConcurrentOfficialPlanAmendmentApplication-CityFile:AM-2021-016ConcurrentOfficialPlanAmendmentApplication-CityFile:AM-2021-016ZoningBy-lawAmendmentApplication-CityFile:AM-2022-015Applicant:2610832OntarioInc.Theowner(s)areseekingtorezonetheabovepropertiesforresidentialusage.AtthepresenttimetheCityofNiagaraFallsisundertakingitsownstudiesandSecondaryPlanontheselands.ThesestudiesandPlanhavenotbeenconcludedand/orassessed.Rezoningshouldnotbeconsideredatthistime.WEtheundersignedasktheMayorandCounciloftheCityofNiagaraFallstoDefer/DeclinetheaboverezoningofthelandsreferredtoastheKingWaldorfCampgroundandtheOaklandsGolfCourse.AllstudiesandSecondaryPlanmustbecompletedandproperlyassessedbeforeanyrezoningshouldoccurontheseproperties.FullAddressPrintNameSignatureDate$Vo3ff)o/hf2oOtfilitlA*-K/14/ifNobfJ<•/1Page 523 of 990 PETITIONToDefer/DeclinetheproposedrezoningAmendmentstothepropertiesknownastheKingWaldorfCampgroundandtheOaklandsGolfCourseThelandsof8970and9015StanleyAvenueandLandsontheSouthSideofLyonsCreekRoad,EastofStanleyAvenuePartofLots1,2and3ConcessionBrokenFrontWellandRiverWilloughby,PartofLot20Concession3WilloughbyandPartofRoadAllowancebetweenLots2and3,WilloughbyAssessmentRollNos:2725-130-003-04600;2725-130-003-04600;2725-130-003-00300;2725-130-003-04700Note:ConcurrentOfficialPlanAmendmentApplication-CityFile:AM-2021-016ConcurrentOfficialPlanAmendmentApplication-CityFile:AM-2021-016ZoningBy-lawAmendmentApplication-CityFile:AM-2022-015Applicant:2610832OntarioInc.Theowner(s)areseekingtorezonetheabovepropertiesforresidentialusage.AtthepresenttimetheCityofNiagaraFallsisundertakingitsownstudiesandSecondaryPlanontheselands.ThesestudiesandPlanhavenotbeenconcludedand/orassessed.Rezoningshouldnotbeconsideredatthistime.WEtheundersignedasktheMayorandCounciloftheCityofNiagaraFallstoDefer/DeclinetheaboverezoningofthelandsreferredtoastheKingWaldorfCampgroundandtheOaklandsGolfCourse.AllstudiesandSecondaryPlanmustbecompletedandproperlyassessedbeforeanyrezoningshouldoccurontheseproperties.FullAddress£/S2>DateSignaturePrintNameRoo^kTvQA>Ct67K/tfAejoVtfEtmetASQtTjsAJXyL-2.Youmustbeoflegalagetosign.4.Fillallboxeswithcompleteinformation.1.Signthepetitiononlyonce.DuplicatednamesareremovedbytheCity3.OnlyresidentsofNiagaraFallsandChippawamaysignthepetition.Page 524 of 990 PETITIONToDefer/DeclinetheproposedrezoningAmendmentstothepropertiesknownastheKingWaldorfCampgroundandtheOaklandsGolfCourseThelandsof8970and9015StanleyAvenueandLandsontheSouthSideofLyonsCreekRoad,EastofStanleyAvenuePartofLots1,2and3ConcessionBrokenFrontWellandRiverWilloughby,PartofLot20Concession3WilloughbyandPartofRoadAllowancebetweenLots2and3,WilloughbyAssessmentRollNos:2725-130-003-04600;2725-130-003-04600;2725-130-003-00300;2725-130-003-04700Note:ConcurrentOfficialPlanAmendmentApplication-CityFile:AM-2021-016ConcurrentOfficialPlanAmendmentApplication-CityFile:AM-2021-016ZoningBy-lawAmendmentApplication-CityFile:AM-2022-015Applicant:2610832OntarioInc.Theowner(s)areseekingtorezonetheabovepropertiesforresidentialusage.AtthepresenttimetheCityofNiagaraFallsisundertakingitsownstudiesandSecondaryPlanontheselands.ThesestudiesandPlanhavenotbeenconcludedand/orassessed.Rezoningshouldnotbeconsideredatthistime.WEtheundersignedasktheMayorandCounciloftheCityofNiagaraFallstoDefer/DeclinetheaboverezoningofthelandsreferredtoastheKingWaldorfCampgroundandtheOaklandsGolfCourse.AllstudiesandSecondaryPlanmustbecompletedandproperlyassessedbeforeanyrezoningshouldoccurontheseproperties.FullAddressVSignatureDatePrintName7?/p_7.f/vI..-/-SS7/ViA-J4/v?es3C203OiZSrrbCff7j<22>2.Youmustbeoflegalagetosign.4.Fillallboxeswithcompleteinformation.1.Signthepetitiononlyonce.DuplicatednamesareremovedbytheCity3.OnlyresidentsofNiagaraFallsandChippawamaysignthepetition.Page 525 of 990 PETITIONToDefer/DeclinetheproposedrezoningAmendmentstothepropertiesknownastheKingWaldorfCampgroundandtheOaklandsGolfCourseThelandsof8970and9015StanleyAvenueandLandsontheSouthSideofLyonsCreekRoad,EastofStanleyAvenuePartofLots1,2and3ConcessionBrokenFrontWellandRiverWilloughby,PartofLot20Concession3WilloughbyandPartofRoadAllowancebetweenLots2and3,WilloughbyAssessmentRollNos:2725-130-003-04600;2725-130-003-04600;2725-130-003-00300;2725-130-003-04700Note:ConcurrentOfficialPlanAmendmentApplication-CityFile:AM-2021-016ConcurrentOfficialPlanAmendmentApplication-CityFile:AM-2021-016ZoningBy-lawAmendmentApplication-CityFile:AM-2022-015Applicant:2610832OntarioInc.Theowner(s)areseekingtorezonetheabovepropertiesforresidentialusage.AtthepresenttimetheCityofNiagaraFallsisundertakingitsownstudiesandSecondaryPlanontheselands.ThesestudiesandPlanhavenotbeenconcludedand/orassessed.Rezoningshouldnotbeconsideredatthistime.WEtheundersignedasktheMayorandCounciloftheCityofNiagaraFallstoDefer/DeclinetheaboverezoningofthelandsreferredtoastheKingWaldorfCampgroundandtheOaklandsGolfCourse.AllstudiesandSecondaryPlanmustbecompletedandproperlyassessedbeforeanyrezoningshouldoccurontheseproperties.FullAddressMePrintNameSignatureDateqsrgOr+'ioS-5L9S--^70AcLr/5orl£J.QzJDUCzCL&><£UOjSji1.Signthepetitiononlyonce.DuplicatednamesareremovedbytheCity3.OnlyresidentsofNiagaraFallsandChippawamaysignthepetition.2.Youmustbeoflegalagetosign.4.Fillallboxeswithcompleteinformation.Page 526 of 990 PETITIONiIToDefer/DeclinetheproposedrezoningAmendmentstothepropertiesknownastheKingWaldorfCampgroundandtheOaklandsGolfCourse:Thelandsof8970and9015StanleyAvenueandLandsontheSouthSideofLyonsCreekRoad,EastofStanleyAvenuePartofLots1,2and3ConcessionBrokenFrontWellandRiverWilloughby,PartofLot20Concession3WilloughbyandPartofRoadAllowancebetweenLots2and3,WilloughbyAssessmentRollNos:2725-130-003-04600;2725-130-003-04600;2725-130-003-00300;2725-130-003-04700Note:ConcurrentOfficialPlanAmendmentApplication-CityFile:AM-2021-016ConcurrentOfficialPlanAmendmentApplication-CityFile:AM-2021-016ZoningBy-lawAmendmentApplication-CityFile:AM-2022-015Applicant:2610832OntarioInc.Theowner(s)areseekingtorezonetheabovepropertiesforresidentialusage.AtthepresenttimetheCityofNiagaraFallsisundertakingitsownstudiesandSecondaryPlanontheselands.ThesestudiesandPlanhavenotbeenconcludedand/orassessed.Rezoningshouldnotbeconsideredatthistime.WEtheundersignedasktheMayorandCounciloftheCityofNiagaraFallstoDefer/DeclinetheaboverezoningofthelandsreferredtoastheKingWaldorfCampgroundandtheOaklandsGolfCourse.AllstudiesandSecondaryPlanmustbecompletedandproperlyassessedbeforeanyrezoningshouldoccurontheseproperties.MWFullAddressPrintNameSignatureDateGob1C.9'D<•-jvf.->o£iiSha,SchoVfro%1?7(3cmnr?|.4/V/ft9/aO>I I11*OL.Scflorae)H.1.Signthepetitiononlyonce.DuplicatednamesareremovedbytheCity3.OnlyresidentsofNiagaraFallsandChippawamaysignthepetition.2.Youmustbeoflegalagetosign.4.Fillallboxeswithcompleteinformation.Page 527 of 990 PETITIONToDefer/DeclinetheproposedrezoningAmendmentstothepropertiesknownastheKingWaldorfCampgroundandtheOaklandsGolfCourseThelandsof8970and9015StanleyAvenueandLandsontheSouthSideofLyonsCreekRoad,EastofStanleyAvenuePartofLots1,2and3ConcessionBrokenFrontWellandRiverWilloughby,PartofLot20Concession3WilloughbyandPartofRoadAllowancebetweenLots2and3,WilloughbyAssessmentRollNos:2725-130-003-04600;2725-130-003-04600;2725-130-003-00300;2725-130-003-04700Note:ConcurrentOfficialPlanAmendmentApplication-CityFile:AM-2021-016ConcurrentOfficialPlanAmendmentApplication-CityFile:AM-2021-016ZoningBy-lawAmendmentApplication-CityFile:AM-2022-015Applicant:2610832OntarioInc.Theowner(s)areseekingtorezonetheabovepropertiesforresidentialusage.AtthepresenttimetheCityofNiagaraFallsisundertakingitsownstudiesandSecondaryPlanontheselands.ThesestudiesandPlanhavenotbeenconcludedand/orassessed.Rezoningshouldnotbeconsideredatthistime.WEtheundersignedasktheMayorandCounciloftheCityofNiagaraFallstoDefer/DeclinetheaboverezoningofthelandsreferredtoastheKingWaldorfCampgroundandtheOaklandsGolfCourse.AllstudiesandSecondaryPlanmustbecompletedandproperlyassessedbeforeanyrezoningshouldoccurontheseproperties.FullAddressaw/V/OA/£SignatureDatePrintName1C73.5Tjrcvil\CV/Q-\Jt?>M•fCv]\OkjLlGMrOctI?iuilelvcv.A•OGIMAIlf/L!fc:—\0-’34r?KAr'^~Oc^r^CLc'cfCvI1.5--H0M51.Signthepetitiononlyonce.DuplicatednamesareremovedbytheCity3.OnlyresidentsofNiagaraFallsandChippawamaysignthepetition.2.Youmustbeoflegalagetosign.4.Fillallboxeswithcompleteinformation.Page 528 of 990 PETITIONToDefer/DeclinetheproposedrezoningAmendmentstothepropertiesknownastheKingWaldorfCampgroundandtheOaklandsGolfCourseThelandsof8970and9015StanleyAvenueandLandsontheSouthSideofLyonsCreekRoad,EastofStanleyAvenuePartofLots1,2and3ConcessionBrokenFrontWellandRiverWilloughby,PartofLot20Concession3WilloughbyandPartofRoadAllowancebetweenLots2and3,WilloughbyAssessmentRollNos:2725-130-003-04600;2725-130-003-04600;2725-130-003-00300;2725-130-003-04700Note:ConcurrentOfficialPlanAmendmentApplication-CityFile:AM-2021-016ConcurrentOfficialPlanAmendmentApplication-CityFile:AM-2021-016ZoningBy-lawAmendmentApplication-CityFile:AM-2022-015Applicant:2610832OntarioInc.Theowner(s)areseekingtorezonetheabovepropertiesforresidentialusage.AtthepresenttimetheCityofNiagaraFallsisundertakingitsownstudiesandSecondaryPlanontheselands.ThesestudiesandPlanhavenotbeenconcludedand/orassessed.Rezoningshouldnotbeconsideredatthistime.WEtheundersignedasktheMayorandCounciloftheCityofNiagaraFallstoDefer/DeclinetheaboverezoningofthelandsreferredtoastheKingWaldorfCampgroundandtheOaklandsGolfCourse.AllstudiesandSecondaryPlanmustbecompletedandproperlyassessedbeforeanyrezoningshouldoccurontheseproperties.FullAddressSignatureDatePrintNameOrt./fA*,Oc/3377AJF3977^£/.£616/2.Youmustbeoflegalagetosign.4.Fillallboxeswithcompleteinformation.1.Signthepetitiononlyonce.DuplicatednamesareremovedbytheCity3.OnlyresidentsofNiagaraFallsandChippawamaysignthepetition.Page 529 of 990 PETITIONToDefer/DeclinetheproposedrezoningAmendmentstothepropertiesknownastheKingWaldorfCampgroundandtheOaklandsGolfCourseThelandsof8970and9015StanleyAvenueandLandsontheSouthSideofLyonsCreekRoad,EastofStanleyAvenuePartofLots1,2and3ConcessionBrokenFrontWellandRiverWilloughby,PartofLot20Concession3WilloughbyandPartofRoadAllowancebetweenLots2and3,WilloughbyAssessmentRollNos:2725-130-003-04600;2725-130-003-04600;2725-130-003-00300;2725-130-003-04700Note:ConcurrentOfficialPlanAmendmentApplication-CityFile:AM-2021-016ConcurrentOfficialPlanAmendmentApplication-CityFile:AM-2021-016ZoningBy-lawAmendmentApplication-CityFile:AM-2022-015Applicant:2610832OntarioInc.Theowner(s)areseekingtorezonetheabovepropertiesforresidentialusage.AtthepresenttimetheCityofNiagaraFallsisundertakingitsownstudiesandSecondaryPlanontheselands.ThesestudiesandPlanhavenotbeenconcludedand/orassessed.Rezoningshouldnotbeconsideredatthistime.WEtheundersignedasktheMayorandCounciloftheCityofNiagaraFallstoDefer/DeclinetheaboverezoningofthelandsreferredtoastheKingWaldorfCampgroundandtheOaklandsGolfCourse.AllstudiesandSecondaryPlanmustbecompletedandproperlyassessedbeforeanyrezoningshouldoccurontheseproperties.FullAddressSignaturePrintNameDateOdrtS'/13fcflV-23'IMP1.Signthepetitiononlyonce.DuplicatednamesareremovedbytheCity3.OnlyresidentsofNiagaraFallsandChippawamaysignthepetition.2.Youmustbeoflegalagetosign.4.Fillallboxeswithcompleteinformation.Page 530 of 990 PETITIONToDefer/DeclinetheproposedrezoningAmendmentstothepropertiesknownastheKingWaldorfCampgroundandtheOaklandsGolfCourseThelandsof8970and9015StanleyAvenueandLandsontheSouthSideofLyonsCreekRoad,EastofStanleyAvenuePartofLots1,2and3ConcessionBrokenFrontWellandRiverWilloughby,PartofLot20Concession3WilloughbyandPartofRoadAllowancebetweenLots2and3,WilloughbyAssessmentRollNos:2725-130-003-04600;2725-130-003-04600;2725-130-003-00300;2725-130-003-04700Note:ConcurrentOfficialPlanAmendmentApplication-CityFile:AM-2021-016ConcurrentOfficialPlanAmendmentApplication-CityFile:AM-2021-016ZoningBy-lawAmendmentApplication-CityFile:AM-2022-015Applicant:2610832OntarioInc.Theowner(s)areseekingtorezonetheabovepropertiesforresidentialusage.AtthepresenttimetheCityofNiagaraFallsisundertakingitsownstudiesandSecondaryPlanontheselands.ThesestudiesandPlanhavenotbeenconcludedand/orassessed.Rezoningshouldnotbeconsideredatthistime.WEtheundersignedasktheMayorandCounciloftheCityofNiagaraFallstoDefer/DeclinetheaboverezoningofthelandsreferredtoastheKingWaldorfCampgroundandtheOaklandsGolfCourse.AllstudiesandSecondaryPlanmustbecompletedandproperlyassessedbeforeanyrezoningshouldoccurontheseproperties.FullAddressSignatureDatePrintNamenrt.dCTisM-/^LJ.Pham1)Z(o~)QlAtetnbrenn-erHc/lscdjsjas.1.Signthepetitiononlyonce.DuplicatednamesareremovedbytheCity3.OnlyresidentsofNiagaraFallsandChippawamaysignthepetition.2.Youmustbeoflegalagetosign.4.Fillallboxeswithcompleteinformation.Page 531 of 990 PETITIONToDefer/DeclinetheproposedrezoningAmendmentstothepropertiesknownastheKingWaldorfCampgroundandtheOaklandsGolfCourseThelandsof8970and9015StanleyAvenueandLandsontheSouthSideofLyonsCreekRoad,EastofStanleyAvenuePartofLots1,2and3ConcessionBrokenFrontWellandRiverWilloughby,PartofLot20Concession3WilloughbyandPartofRoadAllowancebetweenLots2and3,WilloughbyAssessmentRollNos:2725-130-003-04600;2725-130-003-04600;2725-130-003-00300;2725-130-003-04700Note:ConcurrentOfficialPlanAmendmentApplication-CityFile:AM-2021-016ConcurrentOfficialPlanAmendmentApplication-CityFile:AM-2021-016ZoningBy-lawAmendmentApplication-CityFile:AM-2022-015Applicant:2610832OntarioInc.Theowner(s)areseekingtorezonetheabovepropertiesforresidentialusage.AtthepresenttimetheCityofNiagaraFallsisundertakingitsownstudiesandSecondaryPlanontheselands.ThesestudiesandPlanhavenotbeenconcludedand/orassessed.Rezoningshouldnotbeconsideredatthistime.WEtheundersignedasktheMayorandCounciloftheCityofNiagaraFallstoDefer/DeclinetheaboverezoningofthelandsreferredtoastheKingWaldorfCampgroundandtheOaklandsGolfCourse.AllstudiesandSecondaryPlanmustbecompletedandproperlyassessedbeforeanyrezoningshouldoccurontheseproperties.FullAddressDateSignaturePrintNameQ-.JJQSJ(X+g£q\V$Qc-VUc^3OvT-VNassauTWlN i a j a mOvo4-/-26I~7\ANOc+'llMGWACclnvyPuSC1.Signthepetitiononlyonce.DuplicatednamesareremovedbytheCity3.OnlyresidentsofNiagaraFallsandChippawamaysignthepetition.2.Youmustbeoflegalagetosign.4.Fillallboxeswithcompleteinformation.Page 532 of 990 PETITIONToDefer/DeclinetheproposedrezoningAmendmentstothepropertiesknownastheKingWaldorfCampgroundandtheOaklandsGolfCourseThelandsof8970and9015StanleyAvenueandLandsontheSouthSideofLyonsCreekRoad,EastofStanleyAvenuePartofLots1,2and3ConcessionBrokenFrontWellandRiverWilloughby,PartofLot20Concession3WilloughbyandPartofRoadAllowancebetweenLots2and3,WilloughbyAssessmentRollNos:2725-130-003-04600;2725-130-003-04600;2725-130-003-00300;2725-130-003-04700Note:ConcurrentOfficialPlanAmendmentApplication-CityFile:AM-2021-016ConcurrentOfficialPlanAmendmentApplication-CityFile:AM-2021-016ZoningBy-lawAmendmentApplication-CityFile:AM-2022-015Applicant:2610832OntarioInc.Theowner(s)areseekingtorezonetheabovepropertiesforresidentialusage.AtthepresenttimetheCityofNiagaraFallsisundertakingitsownstudiesandSecondaryPlanontheselands.ThesestudiesandPlanhavenotbeenconcludedand/orassessed.Rezoningshouldnotbeconsideredatthistime.WEtheundersignedasktheMayorandCounciloftheCityofNiagaraFallstoDefer/DeclinetheaboverezoningofthelandsreferredtoastheKingWaldorfCampgroundandtheOaklandsGolfCourse.AllstudiesandSecondaryPlanmustbecompletedandproperlyassessedbeforeanyrezoningshouldoccurontheseproperties.FullAddress^Datedree./t'ffsjAUJ^HITCJ.//423G&L3flcA'/S'A5Cre&fc&J.ft)>•SignaturePrintName.Jr*1-7/7/?-pVflurryJfeJ/y/DrAayar<x71.Signthepetitiononlyonce.DuplicatednamesareremovedbytheCity3.OnlyresidentsofNiagaraFallsandChippawamaysignthepetition.2.Youmustbeoflegalagetosign.4.Fillallboxeswithcompleteinformation.Page 533 of 990 PETITIONToDefer/DeclinetheproposedrezoningAmendmentstothepropertiesknownastheKingWaldorfCampgroundandtheOaklandsGolfCourseThelandsof8970and9015StanleyAvenueandLandsontheSouthSideofLyonsCreekRoad,EastofStanleyAvenuePartofLots1,2and3ConcessionBrokenFrontWellandRiverWilloughby,PartofLot20Concession3WilloughbyandPartofRoadAllowancebetweenLots2and3,WilloughbyAssessmentRollNos:2725-130-003-04600;2725-130-003-04600;2725-130-003-00300;2725-130-003-04700Note:ConcurrentOfficialPlanAmendmentApplication-CityFile:AM-2021-016ConcurrentOfficialPlanAmendmentApplication-CityFile:AM-2021-016ZoningBy-lawAmendmentApplication-CityFile:AM-2022-015Applicant:2610832OntarioInc.Theowner(s)areseekingtorezonetheabovepropertiesforresidentialusage.AtthepresenttimetheCityofNiagaraFallsisundertakingitsownstudiesandSecondaryPlanontheselands.ThesestudiesandPlanhavenotbeenconcludedand/orassessed.Rezoningshouldnotbeconsideredatthistime.WEtheundersignedasktheMayorandCounciloftheCityofNiagaraFallstoDefer/DeclinetheaboverezoningofthelandsreferredtoastheKingWaldorfCampgroundandtheOaklandsGolfCourse.AllstudiesandSecondaryPlanmustbecompletedandproperlyassessedbeforeanyrezoningshouldoccurontheseproperties.FullAddressPPatfcSignatureDatePrintName//L>/3r3.n2.Youmustbeoflegalagetosign.4.Fillallboxeswithcompleteinformation.1.Signthepetitiononlyonce.DuplicatednamesareremovedbytheCity3.OnlyresidentsofNiagaraFallsandChippawamaysignthepetition.Page 534 of 990 PETITIONToDefer/DeclinetheproposedrezoningAmendmentstothepropertiesknownastheKingWaldorfCampgroundandtheOaklandsGolfCourse.o'1'Thelandsof8970and9015StanleyAvenueandLandsontheSouthSideofLyonsCreekRoad,EastofStanleyAvenuePartofLots1,2and3ConcessionBrokenFrontWellandRiverWilloughby,PartofLot20Concession3WilloughbyandPartofRoadAllowancebetweenLots2and3,WilloughbyAssessmentRollNos:2725-130-003-04600;2725-130-003-04600;2725-130-003-00300;2725-130-003-04700Note:ConcurrentOfficialPlanAmendmentApplication-CityFile:AM-2021-016ConcurrentOfficialPlanAmendmentApplication-CityFile:AM-2021-016ZoningBy-lawAmendmentApplication-CityFile:AM-2022-015Applicant:2610832OntarioInc.Theowner(s)areseekingtorezonetheabovepropertiesforresidentialusage.AtthepresenttimetheCityofNiagaraFallsisundertakingitsownstudiesandSecondaryPlanontheselands.ThesestudiesandPlanhavenotbeenconcludedand/orassessed.Rezoningshouldnotbeconsideredatthistime.WEtheundersignedasktheMayorandCounciloftheCityofNiagaraFallstoDefer/DeclinetheaboverezoningofthelandsreferredtoastheKingWaldorfCampgroundandtheOaklandsGolfCourse.AllstudiesandSecondaryPlanmustbecompletedandproperlyassessedbeforeanyrezoningshouldoccurontheseproperties.FullAddressDateSignaturePrintName/2faaleyLrUo^A^OCXTi6/u)\3fflctfinSih'rAi(C)CJTIH^32.Youmustbeoflegalagetosign.4.Fillallboxeswithcompleteinformation.1.Signthepetitiononlyonce.DuplicatednamesareremovedbytheCity3.OnlyresidentsofNiagaraFallsandChippawamaysignthepetition.Page 535 of 990 PETITIONToDefer/DeclinetheproposedrezoningAmendmentstothepropertiesknownastheKingWaldorfCampgroundandtheOaklandsGolfCourseThelandsof8970and9015StanleyAvenueandLandsontheSouthSideofLyonsCreekRoad,EastofStanleyAvenuePartofLots1,2and3ConcessionBrokenFrontWellandRiverWilloughby,PartofLot20Concession3WilloughbyandPartofRoadAllowancebetweenLots2and3,WilloughbyAssessmentRollNos:2725-130-003-04600;2725-130-003-04600;2725-130-003-00300;2725-130-003-04700Note:ConcurrentOfficialPlanAmendmentApplication-CityFile:AM-2021-016ConcurrentOfficialPlanAmendmentApplication-CityFile:AM-2021-016ZoningBy-lawAmendmentApplication-CityFile:AM-2022-015Applicant:2610832OntarioInc.Theowner(s)areseekingtorezonetheabovepropertiesforresidentialusage.AtthepresenttimetheCityofNiagaraFallsisundertakingitsownstudiesandSecondaryPlanontheselands.ThesestudiesandPlanhavenotbeenconcludedand/orassessed.Rezoningshouldnotbeconsideredatthistime.WEtheundersignedasktheMayorandCounciloftheCityofNiagaraFallstoDefer/DeclinetheaboverezoningofthelandsreferredtoastheKingWaldorfCampgroundandtheOaklandsGolfCourse.AllstudiesandSecondaryPlanmustbecompletedandproperlyassessedbeforeanyrezoningshouldoccurontheseproperties.#.PrintNameSignatureFullAddress)Datemi*-/D./fc.ZZ/\UCZ,‘75?Q-7Cf/7?O//a/C>Z31.Signthepetitiononlyonce.DuplicatednamesareremovedbytheCity3.OnlyresidentsofNiagaraFallsandChippawamaysignthepetition.2.Youmustbeoflegalagetosign.4.Fillallboxeswithcompleteinformation.Page 536 of 990 *PETITIONToDefer/DeclinetheproposedrezoningAmendmentstothepropertiesknownastheKingWaldorfCampgroundandtheOaklandsGolfCourseThelandsof8970and9015StanleyAvenueandLandsontheSouthSideofLyonsCreekRoad,EastofStanleyAvenuePartofLots1,2and3ConcessionBrokenFrontWellandRiverWilloughby,PartofLot20Concession3WilloughbyandPartofRoadAllowancebetweenLots2and3,WilloughbyAssessmentRollNos:2725-130-003-04600;2725-130-003-04600;2725-130-003-00300;2725-130-003-04700Note:ConcurrentOfficialPlanAmendmentApplication-CityFile:AM-2021-016ConcurrentOfficialPlanAmendmentApplication-CityFile:AM-2021-016ZoningBy-lawAmendmentApplication-CityFile:AM-2022-015Applicant:2610832OntarioInc.Theowner(s)areseekingtorezonetheabovepropertiesforresidentialusage.AtthepresenttimetheCityofNiagaraFallsisundertakingitsownstudiesandSecondaryPlanontheselands.ThesestudiesandPlanhavenotbeenconcludedand/orassessed.Rezoningshouldnotbeconsideredatthistime.WEtheundersignedasktheMayorandCounciloftheCityofNiagaraFallstoDefer/DeclinetheaboverezoningofthelandsreferredtoastheKingWaldorfCampgroundandtheOaklandsGolfCourse.AllstudiesandSecondaryPlanmustbecompletedandproperlyassessedbeforeanyrezoningshouldoccurontheseproperties.FullAddressPrices.SignatureDatePrintName3%toUJEIAJ.6£ETWOF£Ro:i]OCTJJU3cX:egmi\}3/OLo^vvuviG0/70\W23UCjL7?oS'-754.-3/^1.Signthepetitiononlyonce.DuplicatednamesareremovedbytheCity3.OnlyresidentsofNiagaraFallsandChippawamaysignthepetition.2.Youmustbeoflegalagetosign.4.Fillallboxeswithcompleteinformation.Page 537 of 990 PETITIONToDefer/DeclinetheproposedrezoningAmendmentstothepropertiesknownastheKingWaldorfCampgroundandtheOaklandsGolfCourseThelandsof8970and9015StanleyAvenueandLandsontheSouthSideofLyonsCreekRoad,EastofStanleyAvenuePartofLots1,2and3ConcessionBrokenFrontWellandRiverWilloughby,PartofLot20Concession3WilloughbyandPartofRoadAllowancebetweenLots2and3,WilloughbyAssessmentRollNos:2725-130-003-04600;2725-130-003-04600;2725-130-003-00300;2725-130-003-04700Note:ConcurrentOfficialPlanAmendmentApplication-CityFile:AM-2021-016ConcurrentOfficialPlanAmendmentApplication-CityFile:AM-2021-016ZoningBy-lawAmendmentApplication-CityFile:AM-2022-015Applicant:2610832OntarioInc.Theowner(s)areseekingtorezonetheabovepropertiesforresidentialusage.AtthepresenttimetheCityofNiagaraFallsisundertakingitsownstudiesandSecondaryPlanontheselands.ThesestudiesandPlanhavenotbeenconcludedand/orassessed.Rezoningshouldnotbeconsideredatthistime.WEtheundersignedasktheMayorandCounciloftheCityofNiagaraFallstoDefer/DeclinetheaboverezoningofthelandsreferredtoastheKingWaldorfCampgroundandtheOaklandsGolfCourse.AllstudiesandSecondaryPlanmustbecompletedandproperlyassessedbeforeanyrezoningshouldoccurontheseproperties.(rFullAddressSignature^DatePrintName^7^c_V<ALL*3^LAIJ-V<——1Nr(-7-—r1—A\^>)OK.3c5cj^7i27ACM^\T^C^/°IO5328(OO':?COcr\/1.Signthepetitiononlyonce.DuplicatednamesareremovedbytheCity3.OnlyresidentsofNiagaraFallsandChippawamaysignthepetition.2.Youmustbeoflegalagetosign.4.Fillallboxeswithcompleteinformation.Page 538 of 990 PETITIONToDefer/DeclinetheproposedrezoningAmendmentstothepropertiesknownastheKingWaldorfCampgroundandtheOaklandsGolfCourseThelandsof8970and9015StanleyAvenueandLandsontheSouthSideofLyonsCreekRoad,EastofStanleyAvenuePartofLots1,2andBConcessionBrokenFrontWellandRiverWilloughby,PartofLot20Concession3WilloughbyandPartofRoadAllowancebetweenLots2and3,WilloughbyAssessmentRollNos:2725-130-003-04600;2725-130-003-04600;2725-130-003-00300;2725-130-003-04700Note:ConcurrentOfficialPlanAmendmentApplication-CityFile:AM-2021-016ConcurrentOfficialPlanAmendmentApplication-CityFile:AM-2021-016ZoningBy-lawAmendmentApplication-CityFile:AM-2022-015Applicant:2610832OntarioInc.Theowner(s)areseekingtorezonetheabovepropertiesforresidentialusage.AtthepresenttimetheCityofNiagaraFallsisundertakingitsownstudiesandSecondaryPlanontheselands.ThesestudiesandPlanhavenotbeenconcludedand/orassessed.Rezoningshouldnotbeconsideredatthistime.WEtheundersignedasktheMayorandCounciloftheCityofNiagaraFallstoDefer/DeclinetheaboverezoningofthelandsreferredtoastheKingWaldorfCampgroundandtheOaklandsGolfCourse.AllstudiesandSecondaryPlanmustbecompletedandproperlyassessedbeforeanyrezoningshouldoccurontheseproperties.FullAddressPH,6SJ£-DatePrintNameSignature>WfnfoWX-C-iicK(’Cars]Kohnif„23j-ieUpio.m-.23JL/Y?KOU-/JCCn&2.Youmustbeoflegalagetosign.4.Fillallboxeswithcompleteinformation.1.Signthepetitiononlyonce.DuplicatednamesareremovedbytheCity3.OnlyresidentsofNiagaraFallsandChippawamaysignthepetition.Page 539 of 990 PETITIONToDefer/DeclinetheproposedrezoningAmendmentstothepropertiesknownastheKingWaldorfCampgroundandtheOaklandsGolfCourseThelandsof8970and9015StanleyAvenueandLandsontheSouthSideofLyonsCreekRoad,EastofStanleyAvenuePartofLots1,2and3ConcessionBrokenFrontWellandRiverWilloughby,PartofLot20Concession3WilloughbyandPartofRoadAllowancebetweenLots2and3,WilloughbyAssessmentRollNos:2725-130-003-04600;2725-130-003-04600;2725-130-003-00300;2725-130-003-04700Note:ConcurrentOfficialPlanAmendmentApplication-CityFile:AM-2021-016ConcurrentOfficialPlanAmendmentApplication-CityFile:AM-2021-016ZoningBy-lawAmendmentApplication-CityFile:AM-2022-015Applicant:2610832OntarioInc.Theowner(s)areseekingtorezonetheabovepropertiesforresidentialusage.AtthepresenttimetheCityofNiagaraFallsisundertakingitsownstudiesandSecondaryPlanontheselands.ThesestudiesandPlanhavenotbeenconcludedand/orassessed.Rezoningshouldnotbeconsideredatthistime.WEtheundersignedasktheMayorandCounciloftheCityofNiagaraFallstoDefer/DeclinetheaboverezoningofthelandsreferredtoastheKingWaldorfCampgroundandtheOaklandsGolfCourse.AllstudiesandSecondaryPlanmustbecompletedandproperlyassessedbeforeanyrezoningshouldoccurontheseproperties.FullAddressSignatureDatePrintName/OF7./QLAAJAJoi/OfKO33?Z'joryr-/C/ir>/S.f;A1^739Isy~~Z>3<SoL L X U L L AG~JuJ1)YVLCO'V'c?-*E.-Tfrnio?Kuy^roP9/ES231.Signthepetitiononlyonce.DuplicatednamesareremovedbytheCity3.OnlyresidentsofNiagaraFallsandChippawamaysignthepetition.2.Youmustbeoflegalagetosign.4.Fillallboxeswithcompleteinformation.Page 540 of 990 PETITIONToDefer/DeclinetheproposedrezoningAmendmentstothepropertiesknownastheKingWaldorfCampgroundandtheOaklandsGolfCourseThelandsof8970and9015StanleyAvenueandLandsontheSouthSideofLyonsCreekRoad,EastofStanleyAvenuePartofLots1,2and3ConcessionBrokenFrontWellandRiverWilloughby,PartofLot20Concession3WilloughbyandPartofRoadAllowancebetweenLots2and3,WilloughbyAssessmentRollNos:2725-130-003-04600;2725-130-003-04500;2725-130-003-00300;2725-130-003-04700Note:ConcurrentOfficialPlanAmendmentApplication-CityFile:AM-2021-016ConcurrentOfficialPlanAmendmentApplication-CityFile:AM-2021-016ZoningBy-lawAmendmentApplication-CityFile:AM-2022-015Applicant:2610832OntarioInc.Theowner(s)areseekingtorezonetheabovepropertiesforresidentialusage.AtthepresenttimetheCityofNiagaraFallsisundertakingitsownstudiesandSecondaryPlanontheselands.ThesestudiesandPlanhavenotbeenconcludedand/orassessed.Rezoningshouldnotbeconsideredatthistime.WEtheundersignedasktheMayorandCounciloftheCityofNiagaraFallstoDefer/DeclinetheaboverezoningofthelandsreferredtoastheKingWaldorfCampgroundandtheOaklandsGolfCourse.AllstudiesandSecondaryPlanmustbecompletedandproperlyassessedbeforeanyrezoningshouldoccurontheseproperties.FullAddressandPhone#DatePrintNameSignature714°P\wk,oA,)z&cAy1-5o\f\4?£\ParkwfajA/p,oWod*\h<?05-6So-3821,litMsoAZh2AOLD2.Youmustbeoflegalagetosign.4.Fillallboxeswithcompleteinformation.1.Signthepetitiononlyonce.DuplicatednamesareremovedbytheCity3.OnlyresidentsofNiagaraFallsandChippawamaysignthepetition.Page 541 of 990 PETITIONToDefer/DeclinetheproposedrezoningAmendmentstothepropertiesknownastheKingWaldorfCampgroundandtheOaklandsGolfCourseThelandsof8970and9015StanleyAvenueandLandsontheSouthSideofLyonsCreekRoad,EastofStanleyAvenuePartofLots1,2and3ConcessionBrokenFrontWellandRiverWilloughby,PartofLot20Concession3WilloughbyandPartofRoadAllowancebetweenLots2and3,WilloughbyAssessmentRollNos:2725-130-003-04600;2725-130-003-04600;2725-130-003-00300;2725-130-003-04700Note:ConcurrentOfficialPlanAmendmentApplication-CityFile:AM-2021-016ConcurrentOfficialPlanAmendmentApplication-CityFile:AM-2021-016ZoningBy-lawAmendmentApplication-CityFile:AM-2022-015Applicant:2610832OntarioInc.Theowner(s)areseekingtorezonetheabovepropertiesforresidentialusage.AtthepresenttimetheCityofNiagaraFallsisundertakingitsownstudiesandSecondaryPlanontheselands.ThesestudiesandPlanhavenotbeenconcludedand/orassessed.Rezoningshouldnotbeconsideredatthistime.WEtheundersignedasktheMayorandCounciloftheCityofNiagaraFallstoDefer/DeclinetheaboverezoningofthelandsreferredtoastheKingWaldorfCampgroundandtheOaklandsGolfCourse.AllstudiesandSecondaryPlanmustbecompletedandproperlyassessedbeforeanyrezoningshouldoccurontheseproperties.FullAddressDatePrintNameSignaturefuf'iSJS’.cSCiDtiS)PK\t)y/JF-.XJ36-b/Hl-PR^JYRc,JPti)L.LlPSfxrrL2.Youmustbeoflegalagetosign.4.Fillallboxeswithcompleteinformation.1.Signthepetitiononlyonce.DuplicatednamesareremovedbytheCity3.OnlyresidentsofNiagaraFallsandChippawamaysignthepetition.Page 542 of 990 PETITIONIs'1ToDefer/DeclinetheproposedrezoningAmendmentstothepropertiesknownastheKingWaldorfCampgroundandtheOaklandsGolfCourse«ppSEUCNCtfl«0*0Thelandsof8970and9015StanleyAvenueandLandsontheSouthSideofLyonsCreekRoad,EastofStanleyAvenuePartofLots1,2and3ConcessionBrokenFrontWellandRiverWilloughby,PartofLot20Concession3WilloughbyandPartofRoadAllowancebetweenLots2and3,WilloughbyAssessmentRollNos:2725-130-003-04600;2725-130-003-04600;2725-130-003-00300;2725-130-003-04700Note:ConcurrentOfficialPlanAmendmentApplication-CityFile:AM-2021-016ConcurrentOfficialPlanAmendmentApplication-CityFile:AM-2021-016ZoningBy-lawAmendmentApplication-CityFile:AM-2022-015Applicant:2610832OntarioInc.Theowner(s)areseekingtorezonetheabovepropertiesforresidentialusage.AtthepresenttimetheCityofNiagaraFallsisundertakingitsownstudiesandSecondaryPlanontheselands.ThesestudiesandPlanhavenotbeenconcludedand/orassessed.Rezoningshouldnotbeconsideredatthistime.WEtheundersignedasktheMayorandCounciloftheCityofNiagaraFallstoDefer/DeclinetheaboverezoningofthelandsreferredtoastheKingWaldorfCampgroundandtheOaklandsGolfCourse.AllstudiesandSecondaryPlanmustbecompletedandproperlyassessedbeforeanyrezoningshouldoccurontheseproperties.FullAddressPrintNameSignatureDate9oS-d&)-Q(o3]_^/1/0IMP/Y)Iu.QJUJUS,’J2/Dv1.Signthepetitiononlyonce.DuplicatednamesareremovedbytheCity3.OnlyresidentsofNiagaraFallsandChippawamaysignthepetition.2.Youmustbeoflegalagetosign.4.Fillallboxeswithcompleteinformation.Page 543 of 990 PETITIONToDefer/DeclinetheproposedrezoningAmendmentstothepropertiesknownastheKingWaldorfCampgroundandtheOaklandsGolfCourseThelandsof8970and9015StanleyAvenueandLandsontheSouthSideofLyonsCreekRoad,EastofStanleyAvenuePartofLots1,2and3ConcessionBrokenFrontWellandRiverWilloughby,PartofLot20Concession3WilloughbyandPartofRoadAllowancebetweenLots2and3,WilloughbyAssessmentRollNos:2725-130-003-04600;2725-130-003-04600;2725-130-003-00300;2725-130-003-04700Note:ConcurrentOfficialPlanAmendmentApplication-CityFile:AM-2021-016ConcurrentOfficialPlanAmendmentApplication-CityFile:AM-2021-016ZoningBy-lawAmendmentApplication-CityFile:AM-2022-015Applicant:2610832OntarioInc.Theowner(s)areseekingtorezonetheabovepropertiesforresidentialusage.AtthepresenttimetheCityofNiagaraFallsisundertakingitsownstudiesandSecondaryPlanontheselands.ThesestudiesandPlanhavenotbeenconcludedand/orassessed.Rezoningshouldnotbeconsideredatthistime.WEtheundersignedasktheMayorandCounciloftheCityofNiagaraFallstoDefer/DeclinetheaboverezoningofthelandsreferredtoastheKingWaldorfCampgroundandtheOaklandsGolfCourse.AllstudiesandSecondaryPlanmustbecompletedandproperlyassessedbeforeanyrezoningshouldoccurontheseproperties.FullAddressSignaturePrintNameDateOfM-nlzRSt)•\f~\dCc~\r\ICTMiht(MsLO'u-1nuV'£Q//Quya-J6~~CxiA?y/y1.Signthepetitiononlyonce.DuplicatednamesareremovedbytheCity3.OnlyresidentsofNiagaraFallsandChippawamaysignthepetition.2.Youmustbeoflegalagetosign.4.Fillallboxeswithcompleteinformation.Page 544 of 990 PETITION52IToDefer/DeclinetheproposedrezoningAmendmentstothepropertiesknownastheKingWaldorfCampgroundandtheOaklandsGolfCoursesfc£iXl*G£SAOADThelandsof8970and9015StanleyAvenueandLandsontheSouthSideofLyonsCreekRoad,EastofStanleyAvenuePartofLots1,2and3ConcessionBrokenFrontWellandRiverWilloughby,PartofLot20Concession3WilloughbyandPartofRoadAllowancebetweenLots2and3,WilloughbyAssessmentRollNos:2725-130-003-04600;2725-130-003-04600;2725-130-003-00300;2725-130-003-04700Note:ConcurrentOfficialPlanAmendmentApplication-CityFile:AM-2021-016ConcurrentOfficialPlanAmendmentApplication-CityFile:AM-2021-016ZoningBy-lawAmendmentApplication-CityFile:AM-2022-015Applicant:2610832OntarioInc.Theowner(s)areseekingtorezonetheabovepropertiesforresidentialusage.AtthepresenttimetheCityofNiagaraFallsisundertakingitsownstudiesandSecondaryPlanontheselands.ThesestudiesandPlanhavenotbeenconcludedand/orassessed.Rezoningshouldnotbeconsideredatthistime.WEtheundersignedasktheMayorandCounciloftheCityofNiagaraFallstoDefer/DeclinetheaboverezoningofthelandsreferredtoastheKingWaldorfCampgroundandtheOaklandsGolfCourse.AllstudiesandSecondaryPlanmustbecompletedandproperlyassessedbeforeanyrezoningshouldoccurontheseproperties.PrintNameFullAddressSignatureDaten^on\ca^Wt^2)30^Lxibtr/cxnclCl#)AlPmi)/aC-r>h)<-//330^u3h<r-ItXrxdCtLT.AmO3tG-~?U)3C3h&z,3d3^331Cfrn-rA/35£>/yxj^'Hn-er'Icx^ciCL/3TAifn/l)(-T~7IAJ'-I/3o33a-zyStoucfh-tdandOr/CTOKIlaOr-?U)QL3)0332.Youmustbeoflegalagetosign.4.Fillallboxeswithcompleteinformation.1.Signthepetitiononlyonce.DuplicatednamesareremovedbytheCity3.OnlyresidentsofNiagaraFallsandChippawamaysignthepetition.Page 545 of 990 PETITIONIToDefer/DeclinetheproposedrezoningAmendmentstothepropertiesknownastheKingWaldorfCampgroundandtheOaklandsGolfCourse—7L/y"iKONGER*OASThelandsof8970and9015StanleyAvenueandLandsontheSouthSideofLyonsCreekRoad,EastofStanleyAvenuePartofLots1,2and3ConcessionBrokenFrontWellandRiverWilloughby,PartofLot20Concession3WilloughbyandPartofRoadAllowancebetweenLots2and3,WilloughbyAssessmentRollNos:2725-130-003-04600;2725-130-003-04600;2725-130-003-00300;2725-130-003-04700Note:ConcurrentOfficialPlanAmendmentApplication-CityFile:AM-2021-016ConcurrentOfficialPlanAmendmentApplication-CityFile:AM-2021-016ZoningBy-lawAmendmentApplication-CityFile:AM-2022-015Applicant:2610832OntarioInc.Theowner(s)areseekingtorezonetheabovepropertiesforresidentialusage.AtthepresenttimetheCityofNiagaraFallsisundertakingitsownstudiesandSecondaryPlanontheselands.ThesestudiesandPlanhavenotbeenconcludedand/orassessed.Rezoningshouldnotbeconsideredatthistime.WEtheundersignedasktheMayorandCounciloftheCityofNiagaraFallstoDefer/DeclinetheaboverezoningofthelandsreferredtoastheKingWaldorfCampgroundandtheOaklandsGolfCourse.AllstudiesandSecondaryPlanmustbecompletedandproperlyassessedbeforeanyrezoningshouldoccurontheseproperties.PrintNameSignatureFullAddressDatecry/160rS'Ai,t\OctW2-l-jonsPrkyOct.<3|A3Jf-\j^i2.Youmustbeoflegalagetosign.4.Fillallboxeswithcompleteinformation.1.Signthepetitiononlyonce.DuplicatednamesareremovedbytheCity3.OnlyresidentsofNiagaraFallsandChippawamaysignthepetition.Page 546 of 990 PETITIONAmendmentstothepropertiesknownastheKinqWaldorfCampqroundandtheOaklandsGolfCourse-r zV.r*J:-:.~e*nO^*oa-i«rAmenC'*’^^Appnca?*or»CityHeAM2021-016i-Jn4-jnamfnlApplicationCryF.leAM.’021-016Zoningey-UvuAmendmentApplication-OtyFileAM2022-015Applicant2610832OntarioInc-4(|oamerfs)areseekingtorezonetheabovepropertiesforresidentialusage.AtthepresenttimetheCityofNiagaraFallsisundertakingitsownstudiesandj^condaryPlanontheselandsThesestudiesandPlanhavenotbeenconcludedand/orassessed.Rezoningshouldnotbeconsideredatthistime.WEtheundersignedasktheMayorandCounciloftheCityofNiagaraFallstoDefer/DeclinetheaboverezoningofthelandsreferredtoastheKingWaldorfCampgroundandtheOaklandsGolfCourse.AllstudiesandSecondaryPlanmustbecompletedandproperlyassessedbeforeanyrezoni-.gshouldoccurontheseproperties.DateFullAddressandPhone#SignaturePrintSame<ul'Xty\cIf\Scsf£v-^M,6/C*fcd\5,Qqj^(£l2.i~pKT<>C-C\c,.-i.hz\.(\i<-3 3/Jytcsr\/r\)JW££>10'ICHv-tJ/r'beOK."Jc•Li,-ier-rrv>&2-2*c2^^-2j2711.Signthepetitiononlyonce.DuplicatednamesareremovedbytheCity2.Youmustbeoflegalagetosign.3OnlyresidentsofNiagaraFallsandChippawamaysignthepetition.4.Fillallboxeswithcompleteinformation.Page 547 of 990 PETITION1Iv‘-ToDefer/DeclinetheproposedrezoningAmendmentstothepropertiesknownastheKingWaldorfCampgroundandtheOaklandsGolfCourse\Ws«£JCHC£R*OAOThelandsof8970and9015StanleyAvenueandLandsontheSouthSideofLyonsCreekRoad,EastofStanleyAvenuePartofLots1,2and3ConcessionBrokenFrontWellandRiverWilloughby,PartofLot20Concession3WilloughbyandPartofRoadAllowancebetweenLots2and3,WilloughbyAssessmentRollNos:2725-130-003-04600;2725-130-003-04600;2725-130-003-00300;2725-130-003-04700Note:ConcurrentOfficialPlanAmendmentApplication-CityFile:AM-2021-016ConcurrentOfficialPlanAmendmentApplication-CityFile:AM-2021-016ZoningBy-lawAmendmentApplication-CityFile:AM-2022-015Applicant:2610832OntarioInc.Theowner(s)areseekingtorezonetheabovepropertiesforresidentialusage.AtthepresenttimetheCityofNiagaraFallsisundertakingitsownstudiesandSecondaryPlanontheselands.ThesestudiesandPlanhavenotbeenconcludedand/orassessed.Rezoningshouldnotbeconsideredatthistime.WEtheundersignedasktheMayorandCounciloftheCityofNiagaraFallstoDefer/DeclinetheaboverezoningofthelandsreferredtoastheKingWaldorfCampgroundandtheOaklandsGolfCourse.AllstudiesandSecondaryPlanmustbecompletedandproperlyassessedbeforeanyrezoningshouldoccurontheseproperties.FullAddressfi/SDPticrJe.DatePrintNameSignature3?//UJp//i/6>AeA/A/eP/2c//3^C>(O(DSo/N-i5AStfr6JbZ.frfrfruLS/3U7^7-yiWbmcrj-isIfLsi.c>?-y7--Vv-tsvV1.Signthepetitiononlyonce.DuplicatednamesareremovedbytheCity3.OnlyresidentsofNiagaraFallsandChippawamaysignthepetition.2.Youmustbeoflegalagetosign.4.Fillallboxeswithcompleteinformation.Page 548 of 990 PETITIONToDefer/DeclinetheproposedrezoningAmendmentstothepropertiesknownastheKingWaldorfCampgroundandtheOaklandsGolfCourseThelandsof8970and9015StanleyAvenueandLandsontheSouthSideofLyonsCreekRoad,EastofStanleyAvenuePartofLots1,2and3ConcessionBrokenFrontWellandRiverWilloughby,PartofLot20Concession3WilloughbyandPartofRoadAllowancebetweenLots2and3,WilloughbyAssessmentRollNos:2725-130-003-04600;2725-130-003-04600;2725-130-003-00300;2725-130-003-04700Note:ConcurrentOfficialPlanAmendmentApplication-CityFile:AM-2021-016ConcurrentOfficialPlanAmendmentApplication-CityFile:AM-2021-016ZoningBy-lawAmendmentApplication-CityFile:AM-2022-015Applicant:2610832OntarioInc.Theowner(s)areseekingtorezonetheabovepropertiesforresidentialusage.AtthepresenttimetheCityofNiagaraFallsisundertakingitsownstudiesandSecondaryPlanontheselands.ThesestudiesandPlanhavenotbeenconcludedand/orassessed.Rezoningshouldnotbeconsideredatthistime.WEtheundersignedasktheMayorandCounciloftheCityofNiagaraFallstoDefer/DeclinetheaboverezoningofthelandsreferredtoastheKingWaldorfCampgroundandtheOaklandsGolfCourse.AllstudiesandSecondaryPlanmustbecompletedandproperlyassessedbeforeanyrezoningshouldoccurontheseproperties.FullAddress^DatePrintNameSignaturekmlK O A B^L57?!c r^L^J r*/Jos-275-3952A(UcTf r i ztZl'5'-67oyrzs(3z/-/£/II0ct/£/-:?I.O—1(JV'-oy//k/-AfliI/A\{/N{jfAf(,-no,n1.Signthepetitiononlyonce.DuplicatednamesareremovedbytheCity3.OnlyresidentsofNiagaraFallsandChippawamaysignthepetition.2.Youmustbeoflegalagetosign.4.Fillallboxeswithcompleteinformation.Page 549 of 990 PETITIONToDefer/DeclinetheproposedrezoningAmendmentstothepropertiesknownastheKingWaldorfCampgroundandtheOaklandsGolfCourseThelandsof8970and9015StanleyAvenueandLandsontheSouthSideofLyonsCreekRoad,EastofStanleyAvenuePartofLots1,2and3ConcessionBrokenFrontWellandRiverWilloughby,PartofLot20Concession3WilloughbyandPartofRoadAllowancebetweenLots2and3,WilloughbyAssessmentRollNos:2725-130-003-04600;2725-130-003-04600;2725-130-003-00300;2725-130-003-04700Note:ConcurrentOfficialPlanAmendmentApplication-CityFile:AM-2021-016ConcurrentOfficialPlanAmendmentApplication-CityFile:AM-2021-016ZoningBy-lawAmendmentApplication-CityFile:AM-2022-015Applicant:2610832OntarioInc.Theowner(s)areseekingtorezonetheabovepropertiesforresidentialusage.AtthepresenttimetheCityofNiagaraFallsisundertakingitsownstudiesandSecondaryPlanontheselands.ThesestudiesandPlanhavenotbeenconcludedand/orassessed.Rezoningshouldnotbeconsideredatthistime.WEtheundersignedasktheMayorandCounciloftheCityofNiagaraFallstoDefer/DeclinetheaboverezoningofthelandsreferredtoastheKingWaldorfCampgroundandtheOaklandsGolfCourse.AllstudiesandSecondaryPlanmustbecompletedandproperlyassessedbeforeanyrezoningshouldoccurontheseproperties.FullAddressJPfVie>r\eSignatureDatePrintName(jJtLLOVb'H&iQ/Z'v'cA7r-Gx7Ocr/4/P-3AlArauiTi-GtrnP££.gZ’glMb-uJU-LsOuCfl&PD&ir'Coosr.&/d3/OP.A^y-^72p?-ka-iurfc,tJ>c f a(IS,0.1+-2CXJis6znufV\v.+2.Youmustbeoflegalagetosign.4.Fillallboxeswithcompleteinformation.1.Signthepetitiononlyonce.DuplicatednamesareremovedbytheCity3.OnlyresidentsofNiagaraFallsandChippawamaysignthepetition.Page 550 of 990 PETITIONToDefer/DeclinetheproposedrezoningAmendmentstothepropertiesknownastheKingWaldorfCampgroundandtheOaklandsGolfCourseThelandsof8970and9015StanleyAvenueandLandsontheSouthSideofLyonsCreekRoad,EastofStanleyAvenuePartofLots1,2and3ConcessionBrokenFrontWellandRiverWilloughby,PartofLot20Concession3WilloughbyandPartofRoadAllowancebetweenLots2and3,WilloughbyAssessmentRollNos:2725-130-003-04600;2725-130-003-04600;2725-130-003-00300;2725-130-003-04700Note:ConcurrentOfficialPlanAmendmentApplication-CityFile:AM-2021-016ConcurrentOfficialPlanAmendmentApplication-CityFile:AM-2021-016ZoningBy-lawAmendmentApplication-CityFile:AM-2022-015Applicant:2610832OntarioInc.Theowner(s)areseekingtorezonetheabovepropertiesforresidentialusage.AtthepresenttimetheCityofNiagaraFallsisundertakingitsownstudiesandSecondaryPlanontheselands.ThesestudiesandPlanhavenotbeenconcludedand/orassessed.Rezoningshouldnotbeconsideredatthistime.WEtheundersignedasktheMayorandCounciloftheCityofNiagaraFallstoDefer/DeclinetheaboverezoningofthelandsreferredtoastheKingWaldorfCampgroundandtheOaklandsGolfCourse.AllstudiesandSecondaryPlanmustbecompletedandproperlyassessedbeforeanyrezoningshouldoccurontheseproperties.FullAddress*DatePrintNameSignature/Q&1/nii n-i\JTL-'ib-&si2&1LTUv]i<r\esinMsav^/lO[ze>&s1.Signthepetitiononlyonce.DuplicatednamesareremovedbytheCity3.OnlyresidentsofNiagaraFallsandChippawamaysignthepetition.2.Youmustbeoflegalagetosign.4.Fillallboxeswithcompleteinformation.Page 551 of 990 PETITIONToDefer/DeclinetheproposedrezoningAmendmentstothepropertiesknownastheKingWaldorfCampgroundandtheOaklandsGolfCourseThelandsof8970and9015StanleyAvenueandLandsontheSouthSideofLyonsCreekRoad,EastofStanleyAvenuePartofLots1,2and3ConcessionBrokenFrontWellandRiverWilloughby,PartofLot20Concession3WilloughbyandPartofRoadAllowancebetweenLots2and3,WilloughbyAssessmentRollNos:2725-130-003-04600;2725-130-003-04600;2725-130-003-00300;2725-130-003-04700Note:ConcurrentOfficialPlanAmendmentApplication-CityFile:AM-2021-016ConcurrentOfficialPlanAmendmentApplication-CityFile:AM-2021-016ZoningBy-lawAmendmentApplication-CityFile:AM-2022-015Applicant:2610832OntarioInc.Theowner(s)areseekingtorezonetheabovepropertiesforresidentialusage.AtthepresenttimetheCityofNiagaraFallsisundertakingitsownstudiesandSecondaryPlanontheselands.ThesestudiesandPlanhavenotbeenconcludedand/orassessed.Rezoningshouldnotbeconsideredatthistime.WEtheundersignedasktheMayorandCounciloftheCityofNiagaraFallstoDefer/DeclinetheaboverezoningofthelandsreferredtoastheKingWaldorfCampgroundandtheOaklandsGolfCourse.AllstudiesandSecondaryPlanmustbecompletedandproperlyassessedbeforeanyrezoningshouldoccurontheseproperties.FullAddressitDatePrintNameSignature5UIf^ruilgffl-Kof-WfofrI6JPZiowsuMeqos-2&-j£2gS32.T-IfecfcfZd>?htrYisBe?M0r~WfraudBaugf2.Youmustbeoflegalagetosign.4.Fillallboxeswithcompleteinformation.1.Signthepetitiononlyonce.DuplicatednamesareremovedbytheCity3.OnlyresidentsofNiagaraFallsandChippawamaysignthepetition.Page 552 of 990 PETITIONToDefer/DeclinetheproposedrezoningAmendmentstothepropertiesknownastheKingWaldorfCampgroundandtheOaklandsGolfCourseThelandsof8970and9015StanleyAvenueandLandsontheSouthSideofLyonsCreekRoad,EastofStanleyAvenuePartofLots1,2and3ConcessionBrokenFrontWellandRiverWilloughby,PartofLot20Concession3WilloughbyandPartofRoadAllowancebetweenLots2and3,WilloughbyAssessmentRollNos:2725-130-003-04600;2725-130-003-04600;2725-130-003-00300;2725-130-003-04700Note:ConcurrentOfficialPlanAmendmentApplication-CityFile:AM-2021-016ConcurrentOfficialPlanAmendmentApplication-CityFile:AM-2021-016ZoningBy-lawAmendmentApplication-CityFile:AM-2022-015Applicant:2610832OntarioInc.Theowner(s)areseekingtorezonetheabovepropertiesforresidentialusage.AtthepresenttimetheCityofNiagaraFallsisundertakingitsownstudiesandSecondaryPlanontheselands.ThesestudiesandPlanhavenotbeenconcludedand/orassessed.Rezoningshouldnotbeconsideredatthistime.WEtheundersignedasktheMayorandCounciloftheCityofNiagaraFallstoDefer/DeclinetheaboverezoningofthelandsreferredtoastheKingWaldorfCampgroundandtheOaklandsGolfCourse.AllstudiesandSecondaryPlanmustbecompletedandproperlyassessedbeforeanyrezoningshouldoccurontheseproperties.FullAddressandPhone#DatePrintNameSignaturerfC/o/^y/a4^=26CO-IH./3469ffjrVnix/oLci£]roo\DC23/L*3t41£/0//7A23^6A1c.1.Signthepetitiononlyonce.DuplicatednamesareremovedbytheCity3.OnlyresidentsofNiagaraFallsandChippawamaysignthepetition.2.Youmustbeoflegalagetosign.4.Fillallboxeswithcompleteinformation.Page 553 of 990 PETITION%ToDefer/DeclinetheproposedrezoningAmendmentstothepropertiesknownastheKingWaldorfCampgroundandtheOaklandsGolfCourseThelandsof8970and9015StanleyAvenueandLandsontheSouthSideofLyonsCreekRoad,EastofStanleyAvenuePartofLots1,2and3ConcessionBrokenFrontWellandRiverWilloughby,PartofLot20Concession3WilloughbyandPartofRoadAllowancebetweenLots2and3,WilloughbyAssessmentRollNos:2725-130-003-04600;2725-130-003-04600;2725-130-003-00300;2725-130-003-04700Note:ConcurrentOfficialPlanAmendmentApplication-CityFile:AM-2021-016ConcurrentOfficialPlanAmendmentApplication-CityFile:AM-2021-016ZoningBy-lawAmendmentApplication-CityFile:AM-2022-015Applicant:2610832OntarioInc.Theowner(s)areseekingtorezonetheabovepropertiesforresidentialusage.AtthepresenttimetheCityofNiagaraFallsisundertakingitsownstudiesandSecondaryPlanontheselands.ThesestudiesandPlanhavenotbeenconcludedand/orassessed.Rezoningshouldnotbeconsideredatthistime.WEtheundersignedasktheMayorandCounciloftheCityofNiagaraFallstoDefer/DeclinetheaboverezoningofthelandsreferredtoastheKingWaldorfCampgroundandtheOaklandsGolfCourse.AllstudiesandSecondaryPlanmustbecompletedandproperlyassessedbeforeanyrezoningshouldoccurontheseproperties.FullAddress.,tyfoiJx/CAa-vi/)f,A/.Date/ft*j&jHto.KsOSigriaturi/‘X'/r'Zih/tf/yclfc/'V/f/lUnjdvyf\).fITSIi7^i\UL77»,4~\hnHHLuf^G i-1 0k l f5Qt2S1.Signthepetitiononlyonce.DuplicatednamesareremovedbytheCity3.OnlyresidentsofNiagaraFallsandChippawamaysignthepetition.2.Youmustbeoflegalagetosign.4.Fillallboxeswithcompleteinformation.Page 554 of 990 PETITIONToDefer/DeclinetheproposedrezoningAmendmentstothepropertiesknownastheKingWaldorfCampgroundandtheOaklandsGolfCourse1.Signthepetitiononlyonce.DuplicatednamesareremovedbytheCity2.Youmustbeoflegalagetosign.3.OnlyresidentsofNiagaraFallsandChippawamaysignthepetition.4.Fillallboxeswithcompleteinformation.Thelandsof8970and9015StanleyAvenueandLandsontheSouthSideofLyonsCreekRoad,EastofStanleyAvenuePartofLots1,2and3ConcessionBrokenFrontWellandRiverWilloughby,PartofLot20Concession3WilloughbyandPartofRoadAllowancebetweenLots2and3,WilloughbyAssessmentRollNos:2725-130-003-04600;2725-130-003-04600;2725-130-003-00300;2725-130-003-04700Note:ConcurrentOfficialPlanAmendmentApplication-CityFile:AM-2021-016ConcurrentOfficialPlanAmendmentApplication-CityFile:AM-2021-016ZoningBy-lawAmendmentApplication-CityFile:AM-2022-015Applicant:2610832OntarioInc.Theowner(s)areseekingtorezonetheabovepropertiesforresidentialusage.AtthepresenttimetheCityofNiagaraFallsisundertakingitsownstudiesandSecondaryPlanontheselands.ThesestudiesandPlanhavenotbeenconcludedand/orassessed.Rezoningshouldnotbeconsideredatthistime.WEtheundersignedasktheMayorandCounciloftheCityofNiagaraFallstoDefer/DeclinetheaboverezoningofthelandsreferredtoastheKingWaldorfCampgroundandtheOaklandsGolfCourse.AllstudiesandSecondaryPlanmustbecompletedandproperlyassessedbeforeanyrezoningshouldoccurontheseproperties.FullAddressPrintNameSignatureDate,(HyIdf)3/fi££2-®CTU,3633£}]-<&880MuovMigyMiv£.34WC-AU-ArJ(ft;ftflyiWlAakuuiviCocloc~r13,JLO25A^ctnC-tcjcvd'i&0(Ck^j-|6y•o'h/Page 555 of 990 PETITIONToDefer/DeclinetheproposedrezoningAmendmentstothepropertiesknownastheKingWaldorfCampgroundandtheOaklandsGolfCourseThelandsof8970and9015StanleyAvenueandLandsontheSouthSideofLyonsCreekRoad,EastofStanleyAvenuePartofLots1,2and3ConcessionBrokenFrontWellandRiverWilloughby,PartofLot20Concession3WilloughbyandPartofRoadAllowancebetweenLots2and3,WilloughbyAssessmentRollNos:2725-130-003-04600;2725-130-003-04600;2725-130-003-00300;2725-130-003-04700Note:ConcurrentOfficialPlanAmendmentApplication-CityFile:AM-2021-016ConcurrentOfficialPlanAmendmentApplication-CityFile:AM-2021-016ZoningBy-lawAmendmentApplication-CityFile:AM-2022-015Applicant:2610832OntarioInc.Theowner(s)areseekingtorezonetheabovepropertiesforresidentialusage.AtthepresenttimetheCityofNiagaraFallsisundertakingitsownstudiesandSecondaryPlanontheselands.ThesestudiesandPlanhavenotbeenconcludedand/orassessed.Rezoningshouldnotbeconsideredatthistime.WEtheundersignedasktheMayorandCounciloftheCityofNiagaraFallstoDefer/DeclinetheaboverezoningofthelandsreferredtoastheKingWaldorfCampgroundandtheOaklandsGolfCourse.AllstudiesandSecondaryPlanmustbecompletedandproperlyassessedbeforeanyrezoningshouldoccurontheseproperties.FullAddressDateSignaturePrintName4&uuQjgfc,Y)lITIZKv|y2M&QjgfaacgOrfihrzamTV.£\JMM2Z\0Hff23.C—\ovrockC2.Youmustbeoflegalagetosign.4.Fillallboxeswithcompleteinformation.1.Signthepetitiononlyonce.DuplicatednamesareremovedbytheCity3.OnlyresidentsofNiagaraFallsandChippawamaysignthepetition.Page 556 of 990 PETITIONToDefer/DeclinetheproposedrezoningAmendmentstothepropertiesknownastheKingWaldorfCampgroundandtheOaklandsGolfCourseThelandsof8970and9015StanleyAvenueandLandsontheSouthSideofLyonsCreekRoad,EastofStanleyAvenuePartofLots1,2and3ConcessionBrokenFrontWellandRiverWilloughby,PartofLot20Concession3WilloughbyandPartofRoadAllowancebetweenLots2and3,WilloughbyAssessmentRollNos:2725-130-003-04600;2725-130-003-04600;2725-130-003-00300;2725-130-003-04700Note:ConcurrentOfficialPlanAmendmentApplication-CityFile:AM-2021-016ConcurrentOfficialPlanAmendmentApplication-CityFile:AM-2021-016ZoningBy-lawAmendmentApplication-CityFile:AM-2022-015Applicant:2610832OntarioInc.Theowner(s)areseekingtorezonetheabovepropertiesforresidentialusage.AtthepresenttimetheCityofNiagaraFallsisundertakingitsownstudiesandSecondaryPlanontheselands.ThesestudiesandPlanhavenotbeenconcludedand/orassessed.Rezoningshouldnotbeconsideredatthistime.WEtheundersignedasktheMayorandCounciloftheCityofNiagaraFallstoDefer/DeclinetheaboverezoningofthelandsreferredtoastheKingWaldorfCampgroundandtheOaklandsGolfCourse.AllstudiesandSecondaryPlanmustbecompletedandproperlyassessedbeforeanyrezoningshouldoccurontheseproperties.FullAddressDatePrintNameSignatureLi0/9J.HOQG/A/^5707sZB/KstVG&S-OS/GLJZ(GnS/906*'529^~7697r/jOGTZ5>//3fior£3nUwnDA,5L</j7/7A\J&-PoGr&&(5CfcZT<37/-7^/^U£££kCL>a/<<Z9/3/,k^J?372.Youmustbeoflegalagetosign.4.Fillallboxeswithcompleteinformation.1.Signthepetitiononlyonce.DuplicatednamesareremovedbytheCity3.OnlyresidentsofNiagaraFallsandChippawamaysignthepetition.Page 557 of 990 <-PETITIONToDefer/DeclinetheproposedrezoningAmendmentstothepropertiesknownastheKingWaldorfCampgroundandtheOaklandsGolfCourseThelandsof8970and9015StanleyAvenueandLandsontheSouthSideofLyonsCreekRoad,EastofStanleyAvenuePartofLots1,2and3ConcessionBrokenFrontWellandRiverWilloughby,PartofLot20Concession3WilloughbyandPartofRoadAllowancebetweenLots2and3,WilloughbyAssessmentRollNos:2725-130-003-04600;2725-130-003-04600;2725-130-003-00300;2725-130-003-04700Note:ConcurrentOfficialPlanAmendmentApplication-CityFile:AM-2021-016ConcurrentOfficialPlanAmendmentApplication-CityFile:AM-2021-016ZoningBy-lawAmendmentApplication-CityFile:AM-2022-015Applicant:2610832OntarioInc.Theowner(s)areseekingtorezonetheabovepropertiesforresidentialusage.AtthepresenttimetheCityofNiagaraFallsisundertakingitsownstudiesandSecondaryPlanontheselands.ThesestudiesandPlanhavenotbeenconcludedand/orassessed.Rezoningshouldnotbeconsideredatthistime.WEtheundersignedasktheMayorandCounciloftheCityofNiagaraFallstoDefer/DeclinetheaboverezoningofthelandsreferredtoastheKingWaldorfCampgroundandtheOaklandsGolfCourse.AllstudiesandSecondaryPlanmustbecompletedandproperlyassessedbeforeanyrezoningshouldoccurontheseproperties.FullAddress=*"DateSignaturePrintNameloo5%fl-d,/V/O00WFal/s,OrJ61oK^f-OcF-8e./myTr.eAcilc/1•/oo5//2aacL)VLLO.^FJ&FM/C.SI77100*88Gc*~£b•PrtttSoAlLZ6ck!+(OO&frZA-Fyp./Kh'/MhAtJ-f-tfLCZoJCZ&O'tV6cr»"Tfen«llt*Ir-iA'1.Signthepetitiononlyonce.DuplicatednamesareremovedbytheCity3.OnlyresidentsofNiagaraFallsandChippawamaysignthepetition.2.Youmustbeoflegalagetosign.4.Fillallboxeswithcompleteinformation.Page 558 of 990 PETITIONToDefer/DeclinetheproposedrezoningAmendmentstothepropertiesknownastheKingWaldorfCampgroundandtheOaklandsGolfCourseThelandsof8970and9015StanleyAvenueandLandsontheSouthSideofLyonsCreekRoad,EastofStanleyAvenuePartofLots1,2and3ConcessionBrokenFrontWellandRiverWilloughby,PartofLot20Concession3WilloughbyandPartofRoadAllowancebetweenLots2and3,WilloughbyAssessmentRollNos:2725-130-003-04600;2725-130-003-04600;2725-130-003-00300;2725-130-003-04700Note:ConcurrentOfficialPlanAmendmentApplication-CityFile:AM-2021-016ConcurrentOfficialPlanAmendmentApplication-CityFile:AM-2021-016ZoningBy-lawAmendmentApplication-CityFile:AM-2022-015Applicant:2610832OntarioInc.Theowner(s)areseekingtorezonetheabovepropertiesforresidentialusage.AtthepresenttimetheCityofNiagaraFallsisundertakingitsownstudiesandSecondaryPlanontheselands.ThesestudiesandPlanhavenotbeenconcludedand/orassessed.Rezoningshouldnotbeconsideredatthistime.WEtheundersignedasktheMayorandCounciloftheCityofNiagaraFallstoDefer/DeclinetheaboverezoningofthelandsreferredtoastheKingWaldorfCampgroundandtheOaklandsGolfCourse.AllstudiesandSecondaryPlanmustbecompletedandproperlyassessedbeforeanyrezoningshouldoccurontheseproperties.FullAddress^DatePrintNameSignatureVt/3£*//sOKI5032S*>y^SrciJeiAu>\cfccochy&5/\J<-"3'Cpi"7ifciY-iCrT^rv<7.NJf~c-12.6-OSIOcf/fc/z/yoorn/z3<_MeH1.Signthepetitiononlyonce.DuplicatednamesareremovedbytheCity3.OnlyresidentsofNiagaraFallsandChippawamaysignthepetition.2.Youmustbeoflegalagetosign.4.Fillallboxeswithcompleteinformation.Page 559 of 990 PETITIONToDefer/DeclinetheproposedrezoningAmendmentstothepropertiesknownastheKingWaldorfCampgroundandtheOaklandsGolfCourseThelandsof8970and9015StanleyAvenueandLandsontheSouthSideofLyonsCreekRoad,EastofStanleyAvenuePartofLots1,2and3ConcessionBrokenFrontWellandRiverWilloughby,PartofLot20Concession3WilloughbyandPartofRoadAllowancebetweenLots2and3,WilloughbyAssessmentRollNos:2725-130-003-04600;2725-130-003-04600;2725-130-003-00300;2725-130-003-04700Note:ConcurrentOfficialPlanAmendmentApplication-CityFile:AM-2021-016ConcurrentOfficialPlanAmendmentApplication-CityFile:AM-2021-016ZoningBy-lawAmendmentApplication-CityFile:AM-2022-015Applicant:2610832OntarioInc.Theowner(s)areseekingtorezonetheabovepropertiesforresidentialusage.AtthepresenttimetheCityofNiagaraFallsisundertakingitsownstudiesandSecondaryPlanontheselands.ThesestudiesandPlanhavenotbeenconcludedand/orassessed.Rezoningshouldnotbeconsideredatthistime.WEtheundersignedasktheMayorandCounciloftheCityofNiagaraFallstoDefer/DeclinetheaboverezoningofthelandsreferredtoastheKingWaldorfCampgroundandtheOaklandsGolfCourse.AllstudiesandSecondaryPlanmustbecompletedandproperlyassessedbeforeanyrezoningshouldoccurontheseproperties.*IFullAddressSignatureDatePrintNameM7^70*/fkn-UAHf\oA'’iAFALA.2cLuArjpp,fcL.tT/40EAu-r&A9Q.cn-£ti)P-L£jM/bJeCy7357>//yZMbrW/p)gTtr/rzy/V!^0(LTir/-?3'7)frUiOfiMy\y13BfUrorncTYTV-fgllSYA&>n=-TH&a*-fJ'AC.^3-HScPfOCT/r/z?CTUjoto1.Signthepetitiononlyonce.DuplicatednamesareremovedbytheCity3.OnlyresidentsofNiagaraFallsandChippawamaysignthepetition.2.Youmustbeoflegalagetosign.4.Fillallboxeswithcompleteinformation.Page 560 of 990 PETITIONToDefer/DeclinetheproposedrezoningAmendmentstothepropertiesknownastheKingWaldorfCampgroundandtheOaklandsGolfCourseThelandsof8970and9015StanleyAvenueandLandsontheSouthSideofLyonsCreekRoad,EastofStanleyAvenuePartofLots1,2and3ConcessionBrokenFrontWellandRiverWilloughby,PartofLot20Concession3WilloughbyandPartofRoadAllowancebetweenLots2and3,WilloughbyAssessmentRollNos:2725-130-003-04600;2725-130-003-04600;2725-130-003-00300;2725-130-003-04700Note:ConcurrentOfficialPlanAmendmentApplication-CityFile:AM-2021-016ConcurrentOfficialPlanAmendmentApplication-CityFile:AM-2021-016ZoningBy-lawAmendmentApplication-CityFile:AM-2022-015Applicant:2610832OntarioInc.Theowner(s)areseekingtorezonetheabovepropertiesforresidentialusage.AtthepresenttimetheCityofNiagaraFallsisundertakingitsownstudiesandSecondaryPlanontheselands.ThesestudiesandPlanhavenotbeenconcludedand/orassessed.Rezoningshouldnotbeconsideredatthistime.WEtheundersignedasktheMayorandCounciloftheCityofNiagaraFallstoDefer/DeclinetheaboverezoningofthelandsreferredtoastheKingWaldorfCampgroundandtheOaklandsGolfCourse.AllstudiesandSecondaryPlanmustbecompletedandproperlyassessedbeforeanyrezoningshouldoccurontheseproperties.&FullAddressSignatureDatePrintName<pL;70cAPCZ:y~>t.qrfLJLyT-^/C^I(A239C5-3-9f-4^/Cej./A/zy74/7/23CandyFcihri.rst->f<c~n77*Sc-~nn~Q-')<4aREAd371.Signthepetitiononlyonce.DuplicatednamesareremovedbytheCity3.OnlyresidentsofNiagaraFallsandChippawamaysignthepetition.2.Youmustbeoflegalagetosign.4.Fillallboxeswithcompleteinformation.Page 561 of 990 PETITIONToDefer/DeclinetheproposedrezoningAmendmentstothepropertiesknownastheKingWaldorfCampgroundandtheOaklandsGolfCourseThelandsof8970and9015StanleyAvenueandLandsontheSouthSideofLyonsCreekRoad,EastofStanleyAvenuePartofLots1,2and3ConcessionBrokenFrontWellandRiverWilloughby,PartofLot20Concession3WilloughbyandPartofRoadAllowancebetweenLots2and3,WilloughbyAssessmentRoilNos:2725-130-003-04600;2725-130-003-04600;2725-130-003-00300;2725-130-003-04700Note:ConcurrentOfficialPlanAmendmentApplication-CityFile:AM-2021-016ConcurrentOfficialPlanAmendmentApplication-CityFile:AM-2021-016ZoningBy-lawAmendmentApplication-CityFile:AM-2022-015Applicant:2610832OntarioInc.Theowner(s)areseekingtorezonetheabovepropertiesforresidentialusage.AtthepresenttimetheCityofNiagaraFallsisundertakingitsownstudiesandSecondaryPlanontheselands.ThesestudiesandPlanhavenotbeenconcludedand/orassessed.Rezoningshouldnotbeconsideredatthistime.WEtheundersignedasktheMayorandCounciloftheCityofNiagaraFallstoDefer/DeclinetheaboverezoningofthelandsreferredtoastheKingWaldorfCampgroundandtheOaklandsGolfCourse.AHstudiesandSecondaryPlanmustbecompletedandproperlyassessedbeforeanyrezoningshouldoccurontheseproperties.FullAddress//I'C/JS.DatePrintNameSignature4toftMVTVftfiills,Ci"lA-1.Uand.fciAVsOr\\-3IcftZlft-klSSP-Gi\CndMC\'V\Sms<oiaCd-15/234toftWcHC\ftfillsOnLie,c\3Ikl-6iunm-f-4IIfaftt—4Qi*4c("5534Ocfib/23^(^524ft41(C)Ccf151232.Youmustbeoflegalagetosign.4.Fillallboxeswithcompleteinformation.1.Signthepetitiononlyonce.DuplicatednamesareremovedbytheCity3.OnlyresidentsofNiagaraFallsandChippawamaysignthepetition.Page 562 of 990 bv•;-.PETITIONXI1•r;ToDefer/DeclinetheproposedrezoningAmendmentstothepropertiesknownastheKingWaldorfCampgroundandtheOaklandsGolfCourse:t-•A"ThelandsofS970and9015StanleyAvenueandLandsontheSouthSideofLyonsCreekRoad,EastofStanleyAvenuePartofLots1,2and3ConcessionBrokenFrontWellandRiverWilloughby,PartofLot20Concession3WilloughbyandPartofRoadAllowancebetweenLots2and3,WilloughbyAssessmentRoilNos:272S-130-003-04600;2725-130-003-04600;2725-130-003-00300;2725-130-003-04700Note:ConcurrentOfficialPlanAmendmentApplication-CityFile:AM-2021-016ConcurrentOfficialPlanAmendmentApplication-CityFile:AM-2021-016ZoningBy-iawAmendmentApplication-CityFile:AM-2022-015Applicant:2610832OntarioInc.Theowner{s)areseekingtorezonetheabovepropertiesforresidentialusage.AtthepresenttimetheCityofNiagaraFallsisundertakingitsownstudiesandSecondaryPlanontheselands.ThesestudiesandPlanhavenotbeenconcludedand/orassessed.Rezoningshouldnotbeconsideredatthistime.WEtheundersignedasktheMayorandCounciloftheCityofNiagaraFailstoDefer/DeclinetheaboverezoningofthelandsreferredtoastheKingWaldorfCampgroundandtheOaklandsGolfCourse.AilstudiesandSecondaryPlanmustbecompletedandproperlyassessedbeforeanyrezoningshouldoccurontheseproperties.FullAddressandPhone#SignatureDatePrintName/V//hlr/fr2fr<T^ASetOcJt'sf1?3o°(Kc/^-LiA/A/f\jJA<00$-ifris'-yj-SOIiW3-0%PCfc<3nC/l(6*°!s/-tff0,tfraJJVOctIS"frlA-£i&s^QdPrL-t^/,/TZrT\JJ/4-yttiAo11fJffro-Avlfrri—L4.Fillallboxeswithcompleteinformation.3.OnlyresidentsofNiagaraFallsandChippawamayslgn.ihepetition.Page 563 of 990 PETITIONToDefer/DeclinetheproposedrezoningAmendmentstothepropertiesknownastheKingWaldorfCampgroundandtheOaklandsGolfCourseThelandsof8970and9015StanleyAvenueandLandsontheSouthSideofLyonsCreekRoad,EastofStanleyAvenuePartofLots1,2and3ConcessionBrokenFrontWellandRiverWilloughby,PartofLot20Concession3WilloughbyandPartofRoadAllowancebetweenLots2and3,WilloughbyAssessmentRollNos:2725-130-003-04600;2725-130-003-04600;2725-130-003-00300;2725-130-003-04700Note:ConcurrentOfficialPlanAmendmentApplication-CityFile:AM-2021-016ConcurrentOfficialPlanAmendmentApplication-CityFile:AM-2021-016ZoningBy-lawAmendmentApplication-CityFile:AM-2022-015Applicant:2610832OntarioInc.Theowner(s)areseekingtorezonetheabovepropertiesforresidentialusage.AtthepresenttimetheCityofNiagaraFallsisundertakingitsownstudiesandSecondaryPlanontheselands.ThesestudiesandPlanhavenotbeenconcludedand/orassessed.Rezoningshouldnotbeconsideredatthistime.WEtheundersignedasktheMayorandCounciloftheCityofNiagaraFallstoDefer/DeclinetheaboverezoningofthelandsreferredtoastheKingWaldorfCampgroundandtheOaklandsGolfCourse.AllstudiesandSecondaryPlanmustbecompletedandproperlyassessedbeforeanyrezoningshouldoccurontheseproperties.FullAddressSignatureDatePrintName*I—64M2DL-Mii-siuvI.W'MiCtyxtaPdlkH*-(20L-|/-..vfKri;,iu\<HjAf-gfakCafV.iSNtowit k\kSIS?fo-BiifAVIMfrxftaI4ll(sJu.naLwJliScnnOcHc(l^2-£1.Signthepetitiononlyonce.DuplicatednamesareremovedbytheCity3.OnlyresidentsofNiagaraFallsandChippawamaysignthepetition.2.Youmustbeoflegalagetosign.4.Fillallboxeswithcompleteinformation.Page 564 of 990 PETITIONToDefer/DeclinetheproposedrezoningAmendmentstothepropertiesknownastheKingWaldorfCampgroundandtheOaklandsGolfCourseThelandsof8970and9015StanleyAvenueandLandsontheSouthSideofLyonsCreekRoad,EastofStanleyAvenuePartofLots1,2and3ConcessionBrokenFrontWellandRiverWilloughby,PartofLot20Concession3WilloughbyandPartofRoadAllowancebetweenLots2and3,WilloughbyAssessmentRollNos:2725-130-003-04600;2725-130-003-04600;2725-130-003-00300;2725-130-003-04700Note:ConcurrentOfficialPlanAmendmentApplication-CityFile:AM-2021-016ConcurrentOfficialPlanAmendmentApplication-CityFile:AM-2021-016ZoningBy-lawAmendmentApplication-CityFile:AM-2022-015Applicant:2610832OntarioInc.Theowner(s)areseekingtorezonetheabovepropertiesforresidentialusage.AtthepresenttimetheCityofNiagaraFallsisundertakingitsownstudiesandSecondaryPlanontheselands.ThesestudiesandPlanhavenotbeenconcludedand/orassessed.Rezoningshouldnotbeconsideredatthistime.WEtheundersignedasktheMayorandCounciloftheCityofNiagaraFallstoDefer/DeclinetheaboverezoningofthelandsreferredtoastheKingWaldorfCampgroundandtheOaklandsGolfCourse.AllstudiesandSecondaryPlanmustbecompletedandproperlyassessedbeforeanyrezoningshouldoccurontheseproperties.FullAddressSignatureDatePrintName«-\+G4-.|Os.OvVr-^Si-ioC.(H13/23OOS»CV.\AUc’lhopcfL\Oxr'S'U'D•0nR-m3~d^0\2131LZKOciinsPctULC'\pt\r?Toopo/QLicol5*W;LZG66*1MZ2G-GO0-M133Hls.?51-2Gci?4'i f t l.F.Qc^M/23Krys/a/l^l^Kennty3t%<j(o2(eCilcOtrr^—1.Signthepetitiononlyonce.DuplicatednamesareremovedbytheCity3.OnlyresidentsofNiagaraFallsandChippawamaysignthepetition.2.Youmustbeoflegalagetosign.4.Fillallboxeswithcompleteinformation.Page 565 of 990 PETITIONToDefer/DeclinetheproposedrezoningAmendmentstothepropertiesknownastheKingWaldorfCampgroundandtheOaklandsGolfCourseThelandsof8970and9015StanleyAvenueandLandsontheSouthSideofLyonsCreekRoad,EastofStanleyAvenuePartofLots1,2and3ConcessionBrokenFrontWellandRiverWilloughby,PartofLot20Concession3WilloughbyandPartofRoadAllowancebetweenLots2and3,WilloughbyAssessmentRollNos:2725-130-003-04600;2725-130-003-04600;2725-130-003-00300;2725-130-003-04700Note:ConcurrentOfficialPlanAmendmentApplication-CityFile:AM-2021-016ConcurrentOfficialPlanAmendmentApplication-CityFile:AM-2021-016ZoningBy-lawAmendmentApplication-CityFile:AM-2022-015Applicant:2610832OntarioInc.Theowner(s)areseekingtorezonetheabovepropertiesforresidentialusage.AtthepresenttimetheCityofNiagaraFallsisundertakingitsownstudiesandSecondaryPlanontheselands.ThesestudiesandPlanhavenotbeenconcludedand/orassessed.Rezoningshouldnotbeconsideredatthistime.WEtheundersignedasktheMayorandCounciloftheCityofNiagaraFallstoDefer/DeclinetheaboverezoningofthelandsreferredtoastheKingWaldorfCampgroundandtheOaklandsGolfCourse.AllstudiesandSecondaryPlanmustbecompletedandproperlyassessedbeforeanyrezoningshouldoccurontheseproperties.FullAddressfitsvPKQDatePrintNameSignatureK&>ljL/[hnM•£>/,nltiZ?bfUr'i(\Aor>pi/x/Mr?fj/l/rfC6irettomi-pfiAckhmiQcidish'si/7/onger/rmQ/?3ZJ2.Youmustbeoflegalagetosign.4.Fillallboxeswithcompleteinformation.1.Signthepetitiononlyonce.DuplicatednamesareremovedbytheCity3.OnlyresidentsofNiagaraFallsandChippawamaysignthepetition.Page 566 of 990 PETITIONToDefer/DeclinetheproposedrezoningAmendmentstothepropertiesknownastheKingWaldorfCampgroundandtheOaklandsGolfCourseThelandsof8970and9015StanleyAvenueandLandsontheSouthSideofLyonsCreekRoad,EastofStanleyAvenuePartofLots1,2and3ConcessionBrokenFrontWellandRiverWilloughby,PartofLot20Concession3WilloughbyandPartofRoadAllowancebetweenLots2and3,WilloughbyAssessmentRollNos:2725-130-003-04600;2725-130-003-04600;2725-130-003-00300;2725-130-003-04700Note:ConcurrentOfficialPlanAmendmentApplication-CityFile:AM-2021-016ConcurrentOfficialPlanAmendmentApplication-CityFile:AM-2021-016ZoningBy-lawAmendmentApplication-CityFile:AM-2022-015Applicant:2610832OntarioInc.Theowner(s)areseekingtorezonetheabovepropertiesforresidentialusage.AtthepresenttimetheCityofNiagaraFallsisundertakingitsownstudiesandSecondaryPlanontheselands.ThesestudiesandPlanhavenotbeenconcludedand/orassessed.Rezoningshouldnotbeconsideredatthistime.WEtheundersignedasktheMayorandCounciloftheCityofNiagaraFallstoDefer/DeclinetheaboverezoningofthelandsreferredtoastheKingWaldorfCampgroundandtheOaklandsGolfCourse.AllstudiesandSecondaryPlanmustbecompletedandproperlyassessedbeforeanyrezoningshouldoccurontheseproperties.FullAddress-PKcarve.^SignatureDatePrintNamef\cfOSWC L h t'j'I c c O U?>r)knPJiiiXiiCL^tCfaeSb6>/Citn/y3fiJtm'p.Shmi/l-eV\)\\Ap\h)&{-XX^pinjayAi/if-A///imnauyerS-Kr'/pinjzz3>o<zis^byv1GfuCj?'Pin'.()'LJj'Cpfe-Plau2J0$2.Youmustbeoflegalagetosign.4.Fillallboxeswithcompleteinformation.1.Signthepetitiononlyonce.DuplicatednamesareremovedbytheCity3.OnlyresidentsofNiagaraFallsandChippawamaysignthepetition.Page 567 of 990 PETITIONToDefer/DeclinetheproposedrezoningAmendmentstothepropertiesknownastheKingWaldorfCampgroundandtheOaklandsGolfCourseThelandsof8970and9015StanleyAvenueandLandsontheSouthSideofLyonsCreekRoad,EastofStanleyAvenuePartofLots1,2and3ConcessionBrokenFrontWellandRiverWilloughby,PartofLot20Concession3WilloughbyandPartofRoadAllowancebetweenLots2and3,WilloughbyAssessmentRollNos:2725-130-003-04600;2725-130-003-04600;2725-130-003-00300;2725-130-003-04700Note:ConcurrentOfficialPlanAmendmentApplication-CityFile:AM-2021-016ConcurrentOfficialPlanAmendmentApplication-CityFile:AM-2021-016ZoningBy-lawAmendmentApplication-CityFile:AM-2022-015Applicant:2610832OntarioInc.Theowner(s)areseekingtorezonetheabovepropertiesforresidentialusage.AtthepresenttimetheCityofNiagaraFallsisundertakingitsownstudiesandSecondaryPlanontheselands.ThesestudiesandPlanhavenotbeenconcludedand/orassessed.Rezoningshouldnotbeconsideredatthistime.WEtheundersignedasktheMayorandCounciloftheCityofNiagaraFallstoDefer/DeclinetheaboverezoningofthelandsreferredtoastheKingWaldorfCampgroundandtheOaklandsGolfCourse.AllstudiesandSecondaryPlanmustbecompletedandproperlyassessedbeforeanyrezoningshouldoccurontheseproperties.FullAddressSignatureDatePrintName7nZ7FrT77ZZ7Vzr~7FZfjj/9-4S,Q/VL2,i-iCs>Y5^{\rrr\zYPdm2.6<a-'"J/XH-Q i i IXlJuSr\,'~jkQA/3,2ojjQt.A13.QoSoCY'*i3'XoU3.g/<•'-frT//<r-v\<CUaf^•KIQQGNAfc.UsLS.H3.KR/(^<r33os'X Q c fA-Vado-A*-^KoJ.'CoCpa{-d>^UjOfY'-Soii/\Au>}'re-e^i9/7]QWxzftYsr t t rrI SOanno/1juniorOk.tylujn\Y\ar^t\\o(hiuj\-CL(!Do)-0\Ay\„X\L3il1.Signthepetitiononlyonce.DuplicatednamesareremovedbytheCity3.OnlyresidentsofNiagaraFallsandChippawamaysignthepetition.2.Youmustbeoflegalagetosign.4.Fillallboxeswithcompleteinformation.Page 568 of 990 PETITIONToDefer/DeclinetheproposedrezoningAmendmentstothepropertiesknownastheKingWaldorfCampgroundandtheOaklandsGolfCourseThelandsof8970and9015StanleyAvenueandLandsontheSouthSideofLyonsCreekRoad,EastofStanleyAvenuePartofLots1,2and3ConcessionBrokenFrontWellandRiverWilloughby,PartofLot20Concession3WilloughbyandPartofRoadAllowancebetweenLots2and3,WilloughbyAssessmentRollNos:2725-130-003-04600;2725-130-003-04600;2725-130-003-00300;2725-130-003-04700Note:ConcurrentOfficialPlanAmendmentApplication-CityFile:AM-2021-016ConcurrentOfficialPlanAmendmentApplication-CityFile:AM-2021-016ZoningBy-lawAmendmentApplication-CityFile:AM-2022-015Applicant:2610832OntarioInc.Theowner(s)areseekingtorezonetheabovepropertiesforresidentialusage.AtthepresenttimetheCityofNiagaraFallsisundertakingitsownstudiesandSecondaryPlanontheselands.ThesestudiesandPlanhavenotbeenconcludedand/orassessed.Rezoningshouldnotbeconsideredatthistime.WEtheundersignedasktheMayorandCounciloftheCityofNiagaraFallstoDefer/DeclinetheaboverezoningofthelandsreferredtoastheKingWaldorfCampgroundandtheOaklandsGolfCourse.AllstudiesandSecondaryPlanmustbecompletedandproperlyassessedbeforeanyrezoningshouldoccurontheseproperties.FullAddressandPhone#DateSignaturePrintNameCc.4/'SyS'SYYX‘Sopo^£-0AJ/^O£>->7OOTV5/Z3OcAIS/23SSFQ9OCT\^k8862NassauNFoL2.6zW58)inn*Gf\HoWeds3turnW&udL&5G2.f\!Qssau(\^elifeL26^W5OcA_\sj^iHoiNQUsiyi\bf3=5MCGAaiu^xy,u?$4-olOvJvi(ic2£U!/2(jl/f2.Youmustbeoflegalagetosign.4.Fillallboxeswithcompleteinformation.1.Signthepetitiononlyonce.DuplicatednamesareremovedbytheCity3.OnlyresidentsofNiagaraFallsandChippawamaysignthepetition.Page 569 of 990 PETITIONToDefer/DeclinetheproposedrezoningAmendmentstothepropertiesknownastheKingWaldorfCampgroundandtheOaklandsGolfCourseThelandsof8970and9015StanleyAvenueandLandsontheSouthSideofLyonsCreekRoad,EastofStanleyAvenuePartofLots1,2and3ConcessionBrokenFrontWellandRiverWilloughby,PartofLot20Concession3WilloughbyandPartofRoadAllowancebetweenLots2and3,WilloughbyAssessmentRollNos:2725-130-003-04600;2725-130-003-04600;2725-130-003-00300;2725-130-003-04700Note:ConcurrentOfficialPlanAmendmentApplication-CityFile:AM-2021-016ConcurrentOfficialPlanAmendmentApplication-CityFile:AM-2021-016ZoningBy-lawAmendmentApplication-CityFile:AM-2022-015Applicant:2610832OntarioInc.Theowner(s)areseekingtorezonetheabovepropertiesforresidentialusage.AtthepresenttimetheCityofNiagaraFallsisundertakingitsownstudiesandSecondaryPlanontheselands.ThesestudiesandPlanhavenotbeenconcludedand/orassessed.Rezoningshouldnotbeconsideredatthistime.WEtheundersignedasktheMayorandCounciloftheCityofNiagaraFallstoDefer/DeclinetheaboverezoningofthelandsreferredtoastheKingWaldorfCampgroundandtheOaklandsGolfCourse.AllstudiesandSecondaryPlanmustbecompletedandproperlyassessedbeforeanyrezoningshouldoccurontheseproperties.FullAddressDatePrintNameSignature7Willo^AyPrfcFtMhCuUkU\i%)7>in2A/A1gryS^.abo^3~U~hs\jc\&/\jS>^fcl^caW\\bo~KK\j221x13f)»/231(J7&^5"^^«=0©/vc^^15l?QiU±hiV(>2.Youmustbeoflegalagetosign.4.Fillallboxeswithcompleteinformation.1.Signthepetitiononlyonce.DuplicatednamesareremovedbytheCity3.OnlyresidentsofNiagaraFallsandChippawamaysignthepetition.Page 570 of 990 PETITIONToDefer/DeclinetheproposedrezoningAmendmentstothepropertiesknownastheKingWaldorfCampgroundandtheOaklandsGolfCourseThelandsof8970and9015StanleyAvenueandLandsontheSouthSideofLyonsCreekRoad,EastofStanleyAvenuePartofLots1,2and3ConcessionBrokenFrontWellandRiverWilloughby,PartofLot20Concession3WilloughbyandPartofRoadAllowancebetweenLots2and3,WilloughbyAssessmentRollNos:2725-130-003-04600;2725-130-003-04600;2725-130-003-00300;2725-130-003-04700Note:ConcurrentOfficialPlanAmendmentApplication-CityFile:AM-2021-016ConcurrentOfficialPlanAmendmentApplication-CityFile:AM-2021-016ZoningBy-lawAmendmentApplication-CityFile:AM-2022-015Applicant:2610832OntarioInc.Theowner(s)areseekingtorezonetheabovepropertiesforresidentialusage.AtthepresenttimetheCityofNiagaraFallsisundertakingitsownstudiesandSecondaryPlanontheselands.ThesestudiesandPlanhavenotbeenconcludedand/orassessed.Rezoningshouldnotbeconsideredatthistime.WEtheundersignedasktheMayorandCounciloftheCityofNiagaraFallstoDefer/DeclinetheaboverezoningofthelandsreferredtoastheKingWaldorfCampgroundandtheOaklandsGolfCourse.AllstudiesandSecondaryPlanmustbecompletedandproperlyassessedbeforeanyrezoningshouldoccurontheseproperties.FullAddressSignatureDatePrintNameILL&/oj?SO/'7/A3ISL(7,AS/—7&T3ZBzlgZH*****/1<7/UUfin/ksm?.5Sm/xo\mr4)j|»frcniohliftc~<ra->oyaZ'-J'S-'ZZfy^^febZ-Zfe'o/n/TjsZweStv\OA!tHitifrf/10O**26*5$~^-kg>LL<=yOS{ion'h3//7//0/106-Al^r/fT//^-p^rr/LU0511.Signthepetitiononlyonce.DuplicatednamesareremovedbytheCity3.OnlyresidentsofNiagaraFallsandChippawamaysignthepetition.2.Youmustbeoflegalagetosign.4.Fillallboxeswithcompleteinformation.Page 571 of 990 PETITIONToDefer/DeclinetheproposedrezoningAmendmentstothepropertiesknownastheKingWaldorfCampgroundandtheOaklandsGolfCourseThelandsof8970and9015StanleyAvenueandLandsontheSouthSideofLyonsCreekRoad,EastofStanleyAvenuePartofLots1,2and3ConcessionBrokenFrontWellandRiverWilloughby,PartofLot20Concession3WilloughbyandPartofRoadAllowancebetweenLots2and3,WilloughbyAssessmentRollNos:2725-130-003-04600;2725-130-003-04600;2725-130-003-00300;2725-130-003-04700Note:ConcurrentOfficialPlanAmendmentApplication-CityFile:AM-2021-016ConcurrentOfficialPlanAmendmentApplication-CityFile:AM-2021-016ZoningBy-lawAmendmentApplication-CityFile:AM-2022-015Applicant:2610832OntarioInc.Theowner(s)areseekingtorezonetheabovepropertiesforresidentialusage.AtthepresenttimetheCityofNiagaraFallsisundertakingitsownstudiesandSecondaryPlanontheselands.ThesestudiesandPlanhavenotbeenconcludedand/orassessed.Rezoningshouldnotbeconsideredatthistime.WEtheundersignedasktheMayorandCounciloftheCityofNiagaraFallstoDefer/DeclinetheaboverezoningofthelandsreferredtoastheKingWaldorfCampgroundandtheOaklandsGolfCourse.AllstudiesandSecondaryPlanmustbecompletedandproperlyassessedbeforeanyrezoningshouldoccurontheseproperties.IPrintNameFullAddressDateSignatureHZfiNK^TAT)T)&GP\nurbMadden/flckk)LiSfir-|A/fLLLcfC¥3o3StDTHeft/./nJn03SoI(X/ryjOf./;ia/il/tdo43o3>od,/3/7dffe3frWa.Ve^[IQ(o&S-5/-Pr\>CSST.^4^10/15/13(£./IVIS#3XL2.Youmustbeoflegalagetosign.4.Fillallboxeswithcompleteinformation.1.Signthepetitiononlyonce.DuplicatednamesareremovedbytheCity3.OnlyresidentsofNiagaraFallsandChippawamaysignthepetition.Page 572 of 990 PETITIONCon’tToDefer/DeclinetheproposedrezoningAmendmentstothepropertiesknownastheKingWaldorfCampgroundandtheOaklandsGolfCourse1.Signthepetitiononlyonce.DuplicatednamesareremovedbytheCity2.Youmustbeoflegalagetosign.3.OnlyresidentsofNiagaraFallsandChippawamaysignthepetition.4.Fillallboxeswithcompleteinformation.f'OSTfr-IFullAddressDatePrintNameSignaturerku/^U^Gr(pSloAHe*-CKipp^\AJ&-jd1A^fJL^uv%s>yyptsTiKj\sL£L\\t\HftcJP.iTitfr-C)ft<~7\JTlfcifcV-Ava.G o AIV+of2-8T'6*?0^<^G~Gv\nn<^Igjersfy6SI00ShfiAxblx)X^nob4y\,<~$Y\‘'flcfiJLOdrA^TVJUe6JbMJZL-1L—Page 573 of 990 Hisknw"-«*1.Signthepetitiononlyonce.Duplicatednamesareremovedbythecity2.Youmustbeoflegalagetosign.I2.Or.tyretid-r.isefNiagarar=!l:and<•ipMVTOmaysignthepetition..FillallboxeswithcompleteInformation.FullAddrc»r^te11|QqI<in1td.L.rIiV\IPFTPT'Oiyr«n’tToDefer/Declinethoproposedreronln'"3'VaMerfCC!T‘j*fjrr*<SignaturePrintNamesal&nU£St-t)'t$OnM/'Mfll>5l\Aft•frgjLfi/zLArt.7<ucfKJictiousAI&yTforrjf&nCb.tfUU*JO\AFO57JU/C(oc*rfI^fO/h^n.qw*652/Ls-MZ/fve.bci-R&cdAe<SQs1S^Cce^~oc^/i7^/4ALAMJ^L(/A.GS~°L)fy^uPf^y,sT^el-/i2vAIAMgtoCcHe*S<&Ave*fi,dii1;;iPage 574 of 990 PETITIONCon’tToDefer/DeclinetheproposedrezoningAmendmentstothepropertiesknownastheKingWaldorfCampgroundandtheOaklandsGolfCourse1.Signthepetitiononlyonce.DuplicatednamesareremovedbytheCity2.Youmustbeoflegalagetosign.3.OnlyresidentsofNiagaraFallsandChippawamaysignthepetition.4.Fillallboxeswithcompleteinformation.FullAddressSignatureDatePrintName511b7>C“<?t->=anooM.SI.AjiaaarccfeU’LIG,^r\jtecta\qmOCAaa202^,©S"71<BDaeHor&okS-V.NIsd>/\rr.Lac?v\sC2f&\TNI-\>8rio\0/\)/'JL3S\euScoc'A10//11'IT\'5'llb'O£er^g,r0o-)<rsVfO'CXOi^ireL-vaV\boyoL?c-iiwb-SUr\Vto«/-e/\Drlvy-t.MktKvura.pflil'ls,ClW^£0-CQsq\qtj/j-^7.cjmso6£cxx-tnroiufive.(MiittimLfiFmssAJ3<hi-QJ0//I/X3i‘<c6lolillz}WorCvVU'bCocVC!*>vw|u\s»<\/01/3-/SS7i&06/OSi-Oiurl[Zl/sqoSSii-gj*sI(cOS6voo|cJhCAvA^_.Nl^OQoS°\I07—/WjUP,IO/lT/X]lljlbftS[Ppr|£W|.S.Page 575 of 990 PETITIONCon’tToDefer/DeclinetheproposedrezoningAmendmentstothepropertiesknownastheKingWaldorfCampgroundandtheOaklandsGolfCourse1.Signthepetitiononlyonce.DuplicatednamesareremovedbytheCity2.Youmustbeoflegalagetosign.3.OnlyresidentsofNiagaraFallsandChippawamaysignthepetition.4.Fillallboxeswithcompleteinformation.TullAddressH-PrintNameSignatureDate1/vUi</137co3>AfJ/JY7\Q~5OJUto.I%jj1OCT/(>/llfJ/iA^i4yVfi-Uif\6Ai/U\Fflaf/Z'tfojAJsl/tcrt%AasOOX/6/=23-b5-5oC/^t-e.^/0/A11^GALLS/ndy])D.fUxGbn'fr6,<739HerSir-A-F.t>&5SOC-fiL-t-ho/sJ/fiFftXSOCJT<fo/<35iY\oc\&are.C.reVtOT-Q^L3k-7r\bOdr.Uo(03/a.rv\/v\cjF-cmuson5h\f(^'OprilcLAuHESZ7MM3%SI7.frtizLdSOd<?AS//577SOIBTAJUtlh^gre/f"f&fllAfPUc>ylifv6^//7A?Qcjn/a*Page 576 of 990 PETITIONCon’tToDefer/DeclinetheproposedrezoningAmendmentstothepropertiesknownastheKingWaldorfCampgroundandtheOaklandsGolfCourse1.Signthepetitiononlyonce.DuplicatednamesareremovedbytheCity2.Youmustbeoflegalagetosign.3.OnlyresidentsofNiagaraFallsandChippawamaysignthepetition.4.Fillallboxeswithcompleteinformation.FullAddressandPhoneSignatureDatePrintNameit/is/23Jit/kAtl/^/yLiltHac-hlK'gy/i//£>//s^r?2>^'SWeWni.9os13o^on»lo|<*la38H&PfoSlOXlSf^Lfo/nrfp'ifC^/iRcKS&'cjf'Aise,^\to//V/K.\to/i$/riL^>/\ff\ixtfctrfzH.(bke^n-ff^rf&llfAi&/tfoiFlff.hs»/f3j<r.T)uunSfi.fi.rSusfe-$i&ofhaitiSh'filfu&mMttS**.*<.<?rAlP^Utfoyas~~!3Ufku/ijA/f-^einIfi/lfetolac'll'*^V-V>)Jf^ktuv1fa#*?*(\"~y'•'l](n1V)fMLbk^PV.-^vjO/Vj.y%?>/HH(ut)(ki&C'fes-kl.fty^-tfS-Wsi/ok/5/./miMuAUA^CF*UooA^Oer,(%S)3?0^I/(ftj/uittyidkz'M-40r3eiSj£«5csH-Oftapdk-Mhr?tips/97-p££hsc-„Tmj—-w^10fH-^etcf-Page 577 of 990 PETITIONCon’tToDefer/DeclinetheproposedrezoningAmendmentstothepropertiesknownastheKingWaldorfCampgroundandtheOaklandsGolfCourse1.Signthepetitiononlyonce.DuplicatednamesareremovedbytheCity2.Youmustbeoflegalagetosign.3.OnlyresidentsofNiagaraFallsandChippawamaysignthepetition.4.Fillallboxeswithcompleteinformation.MJkV,)--fester^Ccf—Q^/</CfFullAddressaridPhone"TKorwsS)-4*02*1nitNamesPki/ttlinorCrt-IVvy(rjx?y^lOL^lOUsr)3Slth*'/'L-SV'OfCa^,„!**.)/Zg’9-°/i92>PillVCiS-3 7 7 6O—Pfa.,Xifj^eLi/v/ii(=-K/T/)Vt^(Sj/d/kD-b0iO»*oUts/vyiAMutes\i»bk.•M3/^o/y“TT-(t/los-krt-syv>>3Jo/P%.I^_$/•</Kif>pa^/y/y^i13^/4^5faifXiXx/iivxo*CCK~p^\\|^WNC^TL^/\VC*~*fCUhf^AHQ^lS4u\VA*O^\|fa>t-SklX23uA7ki£(.—Wa./V»«4)6y>lO/^TIZj/0/3-3\dnjnLMMT^ffiSflSlftASMO^?2f-S'fi{§\uect(PccsyUaCxj4\W/iT'So?7uss»rie.3r?f?%wW0fWf'JQk3?8$3&rVbvb*uin*;,,d^Vio"!*i£?i&K-Ubdinf^WOea^CfAikpyJ-s-'-s—J96r32rWt£em/V£f&&occr./s/tPJLifeipvLAANC/fPage 578 of 990 PETITIONToDefer/DeclinetheproposedrezoningAmendmentstothepropertiesknownastheKingWaldorfCampgroundandtheOaklandsGolfCourse1.Signthepetitiononlyonce.DuplicatednamesareremovedbytheCity2.Youmustbeoflegalagetosign.3.OnlyresidentsofNiagaraFallsandChippawamaysignthepetition.4.Fillallboxeswithcompleteinformation.Thelandsof8970and9015StanleyAvenueandLandsontheSouthSideofLyonsCreekRoad,EastofStanleyAvenuePartofLots1,2and3ConcessionBrokenFrontWellandRiverWilloughby,PartofLot20Concession3WilloughbyandPartofRoadAllowancebetweenLots2and3,WilloughbyAssessmentRollNos:2725-130-003-04600;2725-130-003-04600;2725-130-003-00300;2725-130-003-04700Note:ConcurrentOfficialPlanAmendmentApplication-CityFile:AM-2021-016ConcurrentOfficialPlanAmendmentApplication-CityFile:AM-2021-016ZoningBy-lawAmendmentApplication-CityFile:AM-2022-015Applicant:2610832OntarioInc.Theowner(s)areseekingtorezonetheabovepropertiesforresidentialusage.AtthepresenttimetheCityofNiagaraFallsisundertakingitsownstudiesandSecondaryPlanontheselands.ThesestudiesandPlanhavenotbeenconcludedand/orassessed.Rezoningshouldnotbeconsideredatthistime.WEtheundersignedasktheMayorandCounciloftheCityofNiagaraFallstoDefer/DeclinetheaboverezoningofthelandsreferredtoastheKingWaldorfCampgroundandtheOaklandsGolfCourse.AllstudiesandSecondaryPlanmustbecompletedandproperlyassessedbeforeanyrezoningshouldoccurontheseproperties.PostalCacl^4FullAddressDatePrintNameSignaturef.a,jto")IAS/0/~7^(2Xj^fru/r'Voua'/,)(D?HSDowen*co79SUV/AVXAC^^/OcVCM'0'-,\/LCi/^CAVOV/i(^/toA13;I\VAU-SilEj2)NIrfatfadfa/yp()/2.^3mOft<s/2?iT~~(xIVJLIVIAJ*vOctisLXLOA^/r%^//rr>lOc-4-13M'1^27^V/iToi<c/)'-+>/<oyrr>uX-*-Page 579 of 990 PETITIONToDefer/DeclinetheproposedrezoningAmendmentstothepropertiesknownastheKingWaldorfCampgroundandtheOaklandsGolfCourse«AUGERROAD1.Signthepetitiononlyonce.DuplicatednamesareremovedbytheCity2.Youmustbeoflegalagetosign.3.OnlyresidentsofNiagaraFallsandChippawamaysignthepetition.4.Fillallboxeswithcompleteinformation.Thelandsof8970and9015StanleyAvenueandLandsontheSouthSideofLyonsCreekRoad,EastofStanleyAvenuePartofLots1,2and3ConcessionBrokenFrontWellandRiverWilloughby,PartofLot20Concession3WilloughbyandPartofRoadAllowancebetweenLots2and3,WilloughbyAssessmentRollNos:2725-130-003-04600;2725-130-003-04600;2725-130-003-00300;2725-130-003-04700Note:ConcurrentOfficialPlanAmendmentApplication-CityFile:AM-2021-016ConcurrentOfficialPlanAmendmentApplication-CityFile:AM-2021-016ZoningBy-lawAmendmentApplication-CityFile:AM-2022-015Applicant:2610832OntarioInc.Theowner(s)areseekingtorezonetheabovepropertiesforresidentialusage.AtthepresenttimetheCityofNiagaraFallsisundertakingitsownstudiesandSecondaryPlanontheselands.ThesestudiesandPlanhavenotbeenconcludedand/orassessed.Rezoningshouldnotbeconsideredatthistime.WEtheundersignedasktheMayorandCounciloftheCityofNiagaraFallstoDefer/DeclinetheaboverezoningofthelandsreferredtoastheKingWaldorfCampgroundandtheOaklandsGolfCourse.AllstudiesandSecondaryPlanmustbecompletedandproperlyassessedbeforeanyrezoningshouldoccurontheseproperties.Date/QoPtQlrkQ?(,AC/ejqnJKofZ.I'//JUIf'sfLc42-ZSFullAddressandPhoneWLX-Sign:e70-yg.ID&'Spy/Hlc-C~iPu,YijIcJiirouped/,•0S3ft>CoSeij^.rm37)7)97r(\tvu)/£fits.PL'S^TUcvHoreOf111ACWm->ppCi-*J^Tj/)£Cu/jtpo/tjiOcJCcntuAWD10'\U-33M^OApXtXV-qJL.V^HPage 580 of 990 PETITIONToDefer/DeclinetheproposedrezoningAmendmentstothepropertiesknownastheKingWaldorfCampgroundandtheOaklandsGolfCourse»!.LH'11.Signthepetitiononlyonce.DuplicatednamesareremovedbytheCity2.Youmustbeoflegalagetosign.3.OnlyresidentsofNiagaraFallsandChippawamaysignthepetition.4.Fillallboxeswithcompleteinformation.Thelandsof8970and9015StanleyAvenueandLandsontheSouthSideofLyonsCreekRoad,EastofStanleyAvenuePartofLots1,2and3ConcessionBrokenFrontWellandRiverWilloughby,PartofLot20Concession3WilloughbyandPartofRoadAllowancebetweenLots2and3,WilloughbyAssessmentRollNos:2725-130-003-04600;2725-130-003-04600;2725-130-003-00300;2725-130-003-04700Note:ConcurrentOfficialPlanAmendmentApplication-CityFile:AM-2021-016ConcurrentOfficialPlanAmendmentApplication-CityFile:AM-2021-016ZoningBy-lawAmendmentApplication-CityFile:AM-2022-015Applicant:2610832OntarioInc.Theowner(s)areseekingtorezonetheabovepropertiesforresidentialusage.AtthepresenttimetheCityofNiagaraFallsisundertakingitsownstudiesandSecondaryPlanontheselands.ThesestudiesandPlanhavenotbeenconcludedand/orassessed.Rezoningshouldnotbeconsideredatthistime.WEtheundersignedasktheMayorandCounciloftheCityofNiagaraFallstoDefer/DeclinetheaboverezoningofthelandsreferredtoastheKingWaldorfCampgroundandtheOaklandsGolfCourse.AllstudiesandSecondaryPlanmustbecompletedandproperlyassessedbeforeanyrezoningshouldoccurontheseproperties.FullAddressandPhonePrintNameSignatureDateAJ1^^0453f/3M/JJ/07J3S^3r\Msi1ld\l[bvSv~BHCL10is:2-3ML<WLc-tM./omChen,IMMlknf7vij>er~MsfnoshUfuthPLA/,,h~S«ZoLf4CKlolssbs*^i lMipQAf]K1^if\rvjfi.ffAAivIpoj|Q\V\y<LCS\oVLpAln^C.CIOS'4QI-<4L6lollS/27>(Page 581 of 990 PETITION!tToDefer/DeclinetheproposedrezoningAmendmentstothepropertiesknownastheKingWaldorfCampgroundandtheOaklandsGolfCourse\\W%ttflC*G£HKO«1.Signthepetitiononlyonce.DuplicatednamesareremovedbytheCity2.Youmustbeoflegalagetosign.3.OnlyresidentsofNiagaraFallsandChippawamaysignthepetition.4.Fillallboxeswithcompleteinformation.Thelandsof8970and9015StanleyAvenueandLandsontheSouthSideofLyonsCreekRoad,EastofStanleyAvenuePartofLots1,2and3ConcessionBrokenFrontWellandRiverWilloughby,PartofLot20Concession3WilloughbyandPartofRoadAllowancebetweenLots2and3,WilloughbyAssessmentRollNos:2725-130-003-04600;2725-130-003-04600;2725-130-003-00300;2725-130-003-04700Note:ConcurrentOfficialPlanAmendmentApplication-CityFile:AM-2021-016ConcurrentOfficialPlanAmendmentApplication-CityFile:AM-2021-016ZoningBy-lawAmendmentApplication-CityFile:AM-2022-015Applicant:2610832OntarioInc.Theowner(s)areseekingtorezonetheabovepropertiesforresidentialusage.AtthepresenttimetheCityofNiagaraFallsisundertakingitsownstudiesandSecondaryPlanontheselands.ThesestudiesandPlanhavenotbeenconcludedand/orassessed.Rezoningshouldnotbeconsideredatthistime.WEtheundersignedasktheMayorandCounciloftheCityofNiagaraFallstoDefer/DeclinetheaboverezoningofthelandsreferredtoastheKingWaldorfCampgroundandtheOaklandsGolfCourse.AllstudiesandSecondaryPlanmustbecompletedandproperlyassessedbeforeanyrezoningshouldoccurontheseproperties.FullAddressSignatureDatePrintNamefjb/vlCLfAflf}//?/),-Jrinfni«ms//xjsOMUUAS/AT(2h?3*U//?&1-/Ovc,t'ir^l/iJAAiAt'Vt-oor4<3^+•«uC.(t-^>4/l^ullAMOuJ(av,-|3>a)oL4^1vOvhicXI\J.Po-cfAU C f o r3>7S"oq[ALJ13V^(v^etv<M9t^IL6.T2OcVlJ,jin&MX-j\/:atA/Xhjjiyyry-A^266K6yUbb3>./jAcfgy.fvf,a1"3*)^ArvjJL-TXjff?—Page 582 of 990 PETITIONToDefer/DeclinetheproposedrezoningAmendmentstothepropertiesknownastheKingWaldorfCampgroundandtheOaklandsGolfCourse*fOC*G£RROK>1.Signthepetitiononlyonce.DuplicatednamesareremovedbytheCity2.Youmustbeoflegalagetosign.3.OnlyresidentsofNiagaraFallsandChippawamaysignthepetition.4.Fillallboxeswithcompleteinformation.Thelandsof8970and9015StanleyAvenueandLandsontheSouthSideofLyonsCreekRoad,EastofStanleyAvenuePartofLots1,2and3ConcessionBrokenFrontWellandRiverWilloughby,PartofLot20Concession3WilloughbyandPartofRoadAllowancebetweenLots2and3,WilloughbyAssessmentRollNos:2725-130-003-04600;2725-130-003-04600;2725-130-003-00300;2725-130-003-04700Note:ConcurrentOfficialPlanAmendmentApplication-CityFile:AM-2021-016ConcurrentOfficialPlanAmendmentApplication-CityFile:AM-2021-016ZoningBy-lawAmendmentApplication-CityFile:AM-2022-015Applicant:2610832OntarioInc.Theowner(s)areseekingtorezonetheabovepropertiesforresidentialusage.AtthepresenttimetheCityofNiagaraFallsisundertakingitsownstudiesandSecondaryPlanontheselands.ThesestudiesandPlanhavenotbeenconcludedand/orassessed.Rezoningshouldnotbeconsideredatthistime.WEtheundersignedasktheMayorandCounciloftheCityofNiagaraFallstoDefer/DeclinetheaboverezoningofthelandsreferredtoastheKingWaldorfCampgroundandtheOaklandsGolfCourse.AllstudiesandSecondaryPlanmustbecompletedandproperlyassessedbeforeanyrezoningshouldoccurontheseproperties.FullAddress-pDatePrintNameSignaturePaAAoctTuoi\vOeUxcu.-praU^iU«WAS<#AIV•OcViMlUasvtvrvcvod-te/ajC,qZ«/yttVjPlJULci^-'/OFCM'Tjl_OctubeAabfeaa^ifFA^LAC'1fC(,cANH'"Da-C-fnJ.)larc^KeAtev"^L'nr"n30ohci/?Ak&4^3lt\AJ4ST.y1260**'h/triflftt/ic,pi(9^2^-Ha,OP1M~7t,Ulfq'—7oc7>Am[OF2lQdHzklAtJDRfj7):V/VL\)N£Ar\^s\JJ-YJIN(jlJhM.IPNor;TSIJvPage 583 of 990 PETITIONToDefer/DeclinetheproposedrezoningAmendmentstothepropertiesknownastheKingWaldorfCampgroundandtheOaklandsGolfCourse1.Signthepetitiononlyonce.DuplicatednamesareremovedbytheCity2.Youmustbeoflegalagetosign.3.OnlyresidentsofNiagaraFallsandChippawamaysignthepetition.4.Fillallboxeswithcompleteinformation.Thelandsof8970and9015StanleyAvenueandLandsontheSouthSideofLyonsCreekRoad,EastofStanleyAvenuePartofLots1,2and3ConcessionBrokenFrontWellandRiverWilloughby,PartofLot20Concession3WilloughbyandPartofRoadAllowancebetweenLots2and3,WilloughbyAssessmentRollNos:2725-130-003-04600;2725-130-003-04600;2725-130-003-00300;2725-130-003-04700Note:ConcurrentOfficialPlanAmendmentApplication-CityFile:AM-2021-016ConcurrentOfficialPlanAmendmentApplication-CityFile:AM-2021-016ZoningBy-lawAmendmentApplication-CityFile:AM-2022-015Applicant:2610832OntarioInc.Theowner(s)areseekingtorezonetheabovepropertiesforresidentialusage.AtthepresenttimetheCityofNiagaraFallsisundertakingitsownstudiesandSecondaryPlanontheselands.ThesestudiesandPlanhavenotbeenconcludedand/orassessed.Rezoningshouldnotbeconsideredatthistime.WEtheundersignedasktheMayorandCounciloftheCityofNiagaraFallstoDefer/DeclinetheaboverezoningofthelandsreferredtoastheKingWaldorfCampgroundandtheOaklandsGolfCourse.AllstudiesandSecondaryPlanmustbecompletedandproperlyassessedbeforeanyrezoningshouldoccurontheseproperties.f&s'f'A.IC-cscL-C^**P/TOft&PI-Q9g-FullAddressPrintNameSignatureDate£Ocfiy.2^ck\£~fLVr%110%£iaAlAAtryiAA/M(TUA/Vl*\jfbvyQ/re&h3PalUyoz<U±Abt'(^cvd££iJjL&^-Odtm\SLS-07TE:cfl'ALftuSMEaI(-7|Uu£F°!Mrch*b“lUAM'iWryvCLS^lOTZyAIhd-Cu\\Jrodc<bJ0Vo’5>"sa=>•QCVPc\Y^\^&>v~-w£££££.i>JAMUA.uk^y<2JL\J&A\,1.A/./^/6K\//yLOSltoUtf)32.l~2iz£Page 584 of 990 1 The Niagara Falls Shadow Council "The Official Opposition Party of the City of Niagara Falls Council" A registered Independent Social Counseling organization "Holding Governments Accountable" Lady Justice Do not redact the contents of this document This document can be freely distributed Comments #10-24-2023-04 Tuesday October 24, 2023 Comments for the 10 24 2023 Council Meeting Agenda Item 5.1 PBD-2023-62 (2 Petitions added) AM-2021-016 & AM-2022-015, Official Plan Amendment & Zoning By-law Amendment Applications 9015 & 8970 Stanley Avenue, Lands to the East and West of 8970 Stanley Avenue, and Lands on the South Side of Lyons Creek Road, East of Stanley Avenue Applicant: 2610823 Ontario Inc. (Angelo Butera) Agent: Upper Canada Consultants (Craig Rohe) Council, Well now, you're in something of a bad situation, aren't you? Before I get started, let me remind everyone that this document submission is done so as comments to a planning matter, which is governed under the rules of the Planning Act, not the Municipal Act. Should it be altered or not published properly, the course of action to remedy the situation is somewhat different from a Municipal Act submission, it is not a municipal friendly process. The mailing address of the petitioners are public. So, set aside for the moment the actual details of the OPA and ZBA, you got some communication problems to deal with first. What's with this? Page 585 of 990 2 Read your petition policy closely. You might want to convey to the petitioners, and all the city residents that may be misled, that a Niagara Falls residency is not required, there is no such requirement for petitioners to be Niagara Falls residents. I have enclosed the policy from the city website and provided the "Relevant" paragraph below. Petitions that relate to a matter listed on the Council agenda will appear as additional correspondence listed under the related agenda item. At that time any petitions may be read into the record by stating the purpose of the petition and indicating how many ‘relevant’ individuals have signed. “Relevant’ meaning; those who have listed both their name and local address to the petition. Non Niagara Falls petitioners are only deemed non-relevant and not permitted to be counted, they can submit and participate otherwise. I suggest you address this before the petitioners are permitted to speak. If you're not sure if doing so is proper, I can forward this event to the Ombudsman's Office, on your behalf, and the Ombudsman's Office can advise you. Also, your five-minute time limit policies don't apply to Planning Act correspondence. It's certainly nice to see the Clerk's Department has enough staff resources now to process over a hundred petition document pages during a single council session. Valuable insight of planning matters may be missed otherwise. Now that the communications issue is out of the way. Remember when those people from the quarry produced a two hundred and fifty +/- petition asking for you to intervene on their behalf, and you did? Page 586 of 990 3 Well by my count you got one thousand and forty against vs. what, ten for? What are you going to do? One thousand and forty people were willing to go to the effort to sign a petition, considering that these people have friends and family, these people most likely can influence easily over twice that number if need be. Oh, they may not appeal an approval decision to the OLT, but they will certainly appeal your decision in 2026, going by the comments within the petition, I have no doubt of that. I can tell you right now, your choice has already been made for you. You will do as they ask, the only questions are, are you sympathetic enough to the developer to defer it or does the developer even want you to do so. Either way, what you will do is not approve it, and sent the developer on his merry way to OLT land. Besides, when all is said and done, Council is just a middle man, Council approval is just a shortcut process. Just sit there and listen, so it looks like you have a choice, maybe mention that you're bound by the Planning Act timeline requirements, etc. to save face. If you really want to try and win over the petitioners, have some staff members say the petitioners concerns will be addressed during the site plan, plan of subdivision or building permit stages, most people won't even understand what you're talking about but when it is said that way, it does sound like all their concerns will just simply be resolved. With that much opposition, nearly 6% of the entire voting population of Niagara Falls, not to mention the potential influence of perhaps 18%, it's game over for this developer, at least at the Council approval stage. Seriously, unless their path is already charted to OLT land, Upper Canada Consultants should advise 2610823 Ontario Inc. to withdraw there application at this point. Had I gotten more votes during the 2022 election and won a seat on council, I would certainly voice everything written in this document as a councilor. Page 587 of 990 4 I would strongly imply that the developer should voluntarily defer the application request and mention that at least I would not be approving it. A rather interesting statistic, It would appear that the number of petitioners that are in opposition of the development, as well as those that they could most likely influence and bring to bear against the development, exceeds the actual population of the development. I concur whole heartily and share the same concerns as the petitioners. I am opposed to approval of the application. Council is requested to defer the application, preferably with the developer's consent, and direct staff to facilitate more correspondence between the developer and the petitioners to address their concerns. You recently did just such an action. Joedy Burdett reserves the right to all Planning Act appeals and requests to be notified of all Planning Act notices and desires to be informed and participate in all planning events to which a member of the public is entitle to concerning these matters. Page 588 of 990 5 Council is requested to defer the application, preferably with the developers consent and direct staff to facilitate more public- developer correspondence to address the petitioners concerns. Petitions addressed to City Council 1. A petition is a legibly written request signed by more than one member of the public in support of a shared cause or concern. A petition may be presented in paper format, electronically, or through the use of an on-line system. Council will be the only body that can receive a petition, via the City Clerk. 2. A petition may be delivered in person or sent by mail, fax or email to the City Clerk. 3. A petition must contain the following: 1. The date of when the petition commenced; 2. The name and local civic address, telephone number or email address of the organizer who started the petition for contact purposes; 3. The name and address of each person who signed or electronically submitted their name to the petition, and; 4. A clear, legible statement, which communicates the purpose of the petition. All petitions MUST be related to matters within the direct jurisdiction of the City. 4. A petition shall not contain any obscene or improper matter or language. 5. All information on the petition, including names, addresses and telephone numbers shall become part of the public record of the meeting at which it is received. 6. Petitions must be received by noon on the Friday before a scheduled Council meeting in order to appear on the Council agenda. No petition shall be presented or accepted by Council without first appearing on a Council agenda. 7. Petitions that relate to a matter listed on the Council agenda will appear as additional correspondence listed under the related agenda item. At that time any petitions may be read into the record by stating the purpose of the petition and indicating how many ‘relevant’ individuals have signed. “Relevant’ meaning; those who have listed both their name and local address to the petition. 8. Unless otherwise directed by Council by way of a motion, petitions pertaining to a matter on the agenda, will be received and filed for information. 9. A petition not relating to an item on the agenda may be listed as under ‘Communications of the City Clerk’ and will also be received and filed for information unless otherwise directed by Council by way of a motion. 10. The City Clerk shall refuse to list a petition on the council agenda where the subject matter involves; 1. current or pending litigation; 2. insurance claims; 3. labour relations, union negotiations or employee relations; 4. advertisements for products or services; 5. election campaign related; 6. matters not within Council’s jurisdiction 7. matters which have been decided by Council during the current term; 8. matters which have been referred to staff for a report, until the matter is before Council for consideration; and 9. matters which are the subject of an Education and Training Session of Council. Page 589 of 990 6 Joedy Burdett President of the Niagara Falls Shadow Council "The Official Opposition Party of the City of Niagara Falls Council" Former 2022 Candidate for The Niagara Falls City Council election. Ontario Independent Designer (BCIN 38837) Building Services, Plumbing-All Buildings, Small Buildings Owner Niagara Tinting 4480 Bridge Street, Niagara Falls, Ontario, L2E 2R7 (905) 353 8468 Niagara Falls Shadow Council.ca (TNFSC.ca) The Niagara Falls Shadow Council is a registered Independent Social Counseling organization (BIN 1000515774). The Niagara Falls Shadow Council and "The Official Opposition Party of the City of Niagara Falls Council" are not associated with The City of Niagara Falls. Altering or redacting this document will be viewed as a violation of Section 2(b) of The Canadian Charter of Rights. Page 590 of 990 CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. From: Mary-lyn Hopper Sent: Sunday, October 22, 2023 10:52 PM To: CouncilMembers; Mackenzie Ceci; Clerk Subject: [EXTERNAL]-Lyons Creek Development Attachments: 20231019_172607.jpg; 20231019_153404.jpg I am a Niagara Falls resident who has the privilege of kayaking Lyons Creek. It was only after paddling past the proposed site that I full understood both the desire environmental and aesthetic consequences of this development plan. The Planning report clearly outlines the reasons why this plan should be rejected The photos are further along the creek, showing the beauty but also the erosion that has already occurred. Mary-lyn Hopper Page 591 of 990 Page 592 of 990 Page 593 of 990 From: Marie Nobes Sent: Monday, October 23, 2023 12:29 PM To: CouncilMembers; Bill Matson; Mackenzie Ceci Subject: [EXTERNAL]-Proposed Rezoning Amendment for OCT 24th council meeting To whom it may concern, I am opposed to the rezoning of the conservation areas on Lyons Creek Road and the rezoning of the Oaklands golf course package.\ The Golf course could house a clean factory such as the one that makes INNO Foods in Welland. It would supply employment for the locals and it could be built without disturbing the (possibly) toxic grounds that are in question. And the rest of it can remain conservation lands which have been destroyed all around us by development and urban sprawl. Conservation lands everywhere should be left alone. They should be protected at all costs because once they are gone they are gone forever. This rezoning application has the opposition of the Conservation people as well as the city planning dept and the region. The people of Chippawa don't want it either. They have had so many houses added to this small place with zero infrastructure put in place. The city of Niagara Falls has exceeded the requirements from the province of Ontario already and need to finish those projects (most not even started even though approved) before banking more land. Thanks for listening to my concerns and opposition to this rezoning application. Marie Nobes By the way, I am never too busy for your referrals Marie Nobes Sales Representative Royal Lepage NRC Realty, Brokerage CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 594 of 990 From: Andrew Bryce Sent: Monday, October 23, 2023 11:45 AM To: Jim Dioda; Kira Dolch Cc: Mackenzie Ceci; Heather Ruzylo Subject: RE: [EXTERNAL]-Zoning change Hi Mark and Lynanne. Thank you for your comments; your comments will be included in the Council package for tomorrow's meeng. Regards Andrew Bryce, MCIP, RPP | Director of Planning | Planning, Building, and Development | City of Niagara Falls 4310 Queen Street | Niagara Falls, ON L2E 6X5 | (905) 356-7521 ext 4232 | Cell (289) 968-5162 | abryce@niagarafalls.ca -----Original Message----- From: Jim Dioda <jdioda@niagarafalls.ca > Sent: Monday, October 23, 2023 11:29 AM To: Kira Dolch <kdolch@niagarafalls.ca>; Andrew Bryce <abryce@niagarafalls.ca> Subject: FW: [EXTERNAL]-Zoning change -----Original Message----- From: Sent: Sunday, October 22, 2023 11:43 AM To: CouncilMembers <councilmembers@niagarafalls.ca> Subject: [EXTERNAL]-Zoning change Add our name to the peon to oppose Zoning change for Lyons creek/Oakland Mark Brousseau Lynanne BROUSSEAU Sent from my iPhone CAUTION: This email originated from outside of the organizaon. Do not click links or open aMachments unless you recognize the sender and know the content is safe. Page 595 of 990 TO: City Council FROM: Linda Manson Niagara Falls L2E 1C2 RE: Agenda Item 5.1. PBD-2023-062 AM-2021-016 & AM-2022-015 Official Plan Amendment (OPA) & Zoning By-law Amendment (ZBA) Applications (Requests to redesignate & rezone lands in Lyons Creek Rd. @ Stanley Ave. area ... To facilitate a proposed 82+ ha / 204+ acre development) ____________________________________________________________________ Mayor & Councillors: I implore you to NOT approve this application. Please REJECT it outright — for all the right reasons — per Staff Recommendation. No deferral, no partial alternative — simple rejection. The Staff Report provides a clear-cut, slam-dunk case AGAINST — please HEED it. It leaves no justification for approval — no leg to stand on in an appeal. You have ‘just cause’ to confidently JUST SAY NO: — The (end-game) development is NOT NEEDED to meet our city’s residential growth target. — Fails to comply with City/Regional Official Plans or satisfy Provincial Policy. — Undermines comprehensive Grassybrook Secondary Plan. — Endangers sensitive environment ... and all dwelling within it. — Endangers existing and future nearby businesses. — Plus, plus, plus ... It has been REJECTED BY the Business Development Department — “of the opinion that the proposed development will negatively impact the existing and future operations and transportation routes of the 60 businesses located within the Stanley Avenue Business Park.” Now it is YOUR turn to reject. Respectfully, Linda Manson P.S. Staff are asking you to do what is best for our city — for generations to come. A Staff Report so totally opposed is rare — an obvious plea for you to say NO. Page 596 of 990 From: judydoerr505 Sent: Thursday, October 19, 2023 11:18 AM To: Mackenzie Ceci Cc: Jim Diodati; clerk@niagararegion.ca; CouncilMembers Subject: [EXTERNAL]-Grassybrooks secondary plan/ Oaklands, King Waldorf developnent Please protect our biodiversity, conservation and open spaces please decline the zone change until the secondary plan is fully completed. We Can Build houses without scaraficing our Natural environment. We are living Real Time climate change and our decisions must be responsible and environnentally conscientious using best practices to safeguard impacts of climate change. IT is our ethical and responsible obligation to the next generations. Our own OP AND CLIMATECHANGE POLICY states that we will use "GOOD RESILIENT GOVERNANCE" by using all measures to assure our Natural Environment is not compromised for reckless development that is more concerned with their economic gain than protecting our treasured "Natural Assets". We must stop depleting our wetlands, treed areas , biodiversity Niagara Peninsula has BEEN IDENTIFIED as the area with the highest % of loss of wetlands IN ALL OF ONTARIO.....according to our trusted experts, NPCA. Please think ahead to our children's right to enjoy what our beautiful area has to offer as one of the most unique biological diverse areas IN ONTARIO AND CANADA. It must be fully protected. We cannot lose what little we have left!! Thank you for your time and consideration to my sincere concerns. Judy Doerr Longtime resident of Niagara Falls ( Chippawa) Sent from my Galaxy CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 597 of 990 From: Andrew Bryce Sent: Monday, October 23, 2023 11:54 AM To: Carey Campbell; Kira Dolch Cc: Mackenzie Ceci; Heather Ruzylo Subject: RE: [EXTERNAL]-Proposed official plan amendment- former King Waldorf and Oaklands golf course Hi Janet, thank you for your comments; your comments will be included in the Council packaged for considera6on at tomorrow's mee6ng. Regards Andrew Bryce, MCIP, RPP | Director of Planning | Planning, Building, and Development | City of Niagara Falls 4310 Queen Street | Niagara Falls, ON L2E 6X5 | (905) 356-7521 ext 4232 | Cell (289) 968-5162 | abryce@niagarafalls.ca -----Original Message----- From: Carey Campbell <ccampbell@niagarafalls.ca> Sent: Monday, October 23, 2023 11:35 AM To: Kira Dolch <kdolch@niagarafalls.ca>; Andrew Bryce <abryce@niagarafalls.ca> Subject: FW: [EXTERNAL]-Proposed official plan amendment- former King Waldorf and Oaklands golf course -----Original Message----- From: Janet Krowchuk Sent: Monday, October 23, 2023 11:20 AM To: CouncilMembers <councilmembers@niagarafalls.ca>; Jim Dioda6 <jdioda6@niagarafalls.ca>; Clerk <clerk@niagarafalls.ca>; Bill Matson <billmatson@niagarafalls.ca> Subject: [EXTERNAL]-Proposed official plan amendment- former King Waldorf and Oaklands golf course I am wri6ng you this morning regarding the above men6oned subject . we need to preserve the conserva6on space and do NOT Approve the official plan, amendment and zoning by law amendment applica6ons. This is councils duty ... "Where Land designated as "OPEN SPACE "in the subject of a proposal , " Council will ensure that the lands be developed in a manner complemen6ng the open space character of the land, preserving the natural environment" rezoning to 100's of townhomes, apartments, and houses of which none will be affordable because waterfront property typically is not. It will destroy the sensi6ve ecosystem along Lyons Creek and the Welland river. We have enough new builds approved to fix our housing crisis. We need shovels in the ground not more approvals of million dollar homes. Page 598 of 990 Time for council to impose and enforce a deadline to these developers that are asking for these amendments for your approval and rezoning of the official plan. They should have one year aMer geNng that approval to start building . The City should take a deposit from these companies and when they don't s6ck to their deadlines city can take ac6on and they have some money to do so. Having approvals for homes that aren't going be built for 10 years , as we can see many examples though out Niagara of lots that have had approvals and they just get rezoned or amended and resold! millionaires get richer and s6ll no home is built! We have a very large hole in the ground for two years at the Old boathouse loca6on in Chippawa. How long will this sit like this eyesore ? Homeless sleep around it , very ironic ! Thank you for taking the 6me to read my email. I hope you reconsider this applica6on and at least wait for studies that were asked for and approved the last 6me this came to council. Please s6ck to your official plan , that states , "you as council , "must ensure that the land is developed in a manner that complements the open space character of this land and preserve the natural environment" Sincerely, Janet Krowchuk Niagara Falls, Ontario Sent from my iPhone CAUTION: This email originated from outside of the organiza6on. Do not click links or open aSachments unless you recognize the sender and know the content is safe. Page 599 of 990 From: Andrew Bryce Sent: Monday, October 23, 2023 9:51 AM To: Lori Lococo; Bernadette Secco Cc: Mackenzie Ceci; Heather Ruzylo Subject: RE: [EXTERNAL]-Former King Waldorf lands Good Morning Bernadette, thank you for your comments, I have forwarded these comments on to be included in the package for Council consideration tomorrow. Regards Andrew Bryce, MCIP, RPP | Director of Planning | Planning, Building, and Development | City of Niagara Falls 4310 Queen Street | Niagara Falls, ON L2E 6X5 | (905) 356-7521 ext 4232 | Cell (289) 968-5162 | abryce@niagarafalls.ca From: Lori Lococo <llococo@niagarafalls.ca> Sent: Saturday, October 21, 2023 6:26 PM To: Bernadette Secco Andrew Bryce <abryce@niagarafalls.ca> Subject: RE: [EXTERNAL]-Former King Waldorf lands Thank you for your email Bernadette. I am adding our Planner, Andrew Bryce in this email so that he can add this to the package. Lori Lori Lococo Niagara Falls City Councillor Home: 905 357 5902 Cell: 905 931 6370 -------- Original message -------- From: Bernadette Secco Date: 2023-10-21 4:31 p.m. (GMT-05:00) To: CouncilMembers <councilmembers@niagarafalls.ca> Cc: Bill Matson <billmatson@niagarafalls.ca> Subject: [EXTERNAL]-Former King Waldorf lands Mayor and Council, My name is Bernadette Secco and I am a resident of Niagara Falls. Page 600 of 990 I would like to add my voice to support the Staff recommendations to not approve the proposed development on the former King Waldorf lands. Approving it before the comprehensive Secondary Plan and environmental assessments are completed, sets up the inevitable legal fees to defend the decision. The optics of approving it ahead of the completion of the plan and assessment, and, contrary to Staff recommendations, is murky at best. The city needs affordable housing in locations that are not going to risk the residents’ health. Yes, let’s get back into manufacturing and industries. But we need more than words for that. We need the land. It seems the Waldorf lands would be better at meeting that need. I hope you will take Staff’s recommendations. That’s why you hired them in the first place - to make well considered, informed recommendations. Thank you for considering my comments. Regards, Bernadette Secco Bernadette CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 601 of 990 Niagara Falls, Ontario, L2G6L8 October 23, 2024 Mayor and Council of Niagara Falls Bill Matson, City Clerk Mackenzie Ceci, Planning Department Mayor and Council At the October 24, 2023 City Council meeting you are being asked to rezone two properties referred to as the Oaklands Golf Course and the King Waldorf Campgrounds by the owners of these properties. I am asking that you defer/decline their request. One has to ask the following. Why are they choosing to do this at this particular time when the following two things are presently occurring. 1. That City of Niagara Falls has at the present time an ongoing study on these lands and lands nearby, which includes a Community Focus Group, a consulting firm and designated city staff. The Community Focus group is volunteering it’s time yes, but what a slap in the face to not only that group and staff, but the general public whose taxes are paying for this. What is the point of any Community Focus group if an owner can come in and override these studies? The credibility of the council then becomes the focus of scrutiny. 2. That the owners of the 2 properties at the present time have taken the Niagara Region to the OLT over the land designation status of the King Waldorf Campground. There is at this time NO hearing date is set. It is of my humble opinion that until the Studies are completed, fully evaluated and assessed and the hearing at the OLT resolved that the owners not return to Council until such time. Thank you for your time Stanlee Hickey Page 602 of 990 From: Andrew Bryce Sent: Monday, October 23, 2023 11:52 AM To: Jim Diodati; Kira Dolch Cc: Mackenzie Ceci; Heather Ruzylo Subject: RE: [EXTERNAL]-2023-10-23 Rachel Opposition to AM-2021-016 & AM-2022- 015 Hi Rachel, thank you for your comments, please note that your comments will be included in the Council package for tomorrow’s meeting. Regards Andrew Bryce, MCIP, RPP | Director of Planning | Planning, Building, and Development | City of Niagara Falls 4310 Queen Street | Niagara Falls, ON L2E 6X5 | (905) 356-7521 ext 4232 | Cell (289) 968-5162 | abryce@niagarafalls.ca From: Jim Diodati <jdiodati@niagarafalls.ca> Sent: Monday, October 23, 2023 11:35 AM To: Kira Dolch <kdolch@niagarafalls.ca>; Andrew Bryce <abryce@niagarafalls.ca> Subject: FW: [EXTERNAL]-2023-10-23 Rachel Opposition to AM-2021-016 & AM-2022-015 From: Rachel Symington Sent: Monday, October 23, 2023 8:13 AM To: Clerk <clerk@niagarafalls.ca>; CouncilMembers <councilmembers@niagarafalls.ca> Subject: [EXTERNAL]-2023-10-23 Rachel Opposition to AM-2021-016 & AM-2022-015 Good Morning, I am writing to state my opposition to proposed amendment application AM-2021-016 & AM- 2022-015. My name is Rachel Symington. I was born and raised in Chippawa and last year I returned to my childhood home with my husband and 2 children. After living in Chilliwack, BC for the past 14 years, we are leaving as the effects of climate change on the west coast cannot be ignored. I am an engineer and I work in storm and flood water management. There are many harsh realities that British Columbians are presently facing and many lessons to be shared with municipalities across the country. The time is NOW to ensure that we create sustainable, livable communities that reduce our susceptibility to global events. 1/ Established urban tree canopy must be maintained at a minimum of 30% canopy cover to provide for a connected system that supports biodiversity. It is imperative that the trees on this land NOT be clear cut. Most notably, the tree canopy along the Welland River on the north side of the development. Page 603 of 990 By not providing and maintaining contiguous greenspace throughout the development and the surrounding communities; wildlife movement is impeded, and the area will no longer form a functioning ecosystem that can support biodiversity. In the recent past I have spent time here with my family. The wildlife tracks observed in the mud/snow clearly indicated species migrating north and south along the property, likely to access water from the Welland River. Should development proceed in this area, wildlife crossing corridors will become increasingly more important. 2/ The park space indicated on the development plan straddles Stanley Ave. This unsafe and unpleasant area encourages families and community members to congregate. I walked the site with my family and this “park space” is currently the only paved area onsite. The park space provided for on the west site of Stanley is currently an old parking lot while the campground is otherwise wild. The park space provided for on the east side of Stanley is currently a parking lot for a church (former golf club house) while the remaining area is wild green space. It seems counterintuitive to convert parking lots into park space when there are acres of available green space to enjoy in a more pleasant and safe way. 3/ The native and naturalized trees on this property help reduce the volume of rainwater runoff in our community and play an important role in urban stormwater management planning. As there are already drainage issues throughout Chippawa, these trees must remain to continue providing these important functions. Last year alone, four of my neighbours were directly and devastatingly affected by basement flooding causing financial and health related hardships. Native trees intercept as much as 60% of the falling rain and hold a portion of it on the leaves and bark. Part of this intercepted water will evaporate, and part will be gradually released into the soil below. The organic matter surrounding trees help water to percolate into the soil recharging groundwater rather than rushing off carrying with it oil, metal particles and other pollutants. Below ground, roots hold the soil in place and absorb water that will eventually be released into the atmosphere by transpiration. 4/ A full geotechnical assessment including soil quality, water quality and site hydrology is imperative to understand that type of development can be supported in this area. Impervious surfaces including those from building foundations, road and driveways have negative impacts on environmental and human health. When it rains, stormwater goes directly from parking lots and roads into waterways. This water is largely unfiltered which means it is full of chemicals and garbage from impervious surfaces that end up directly into our ecosystem. Pollutants in stormwater runoff include Hydrocarbons (oil, grease, gasoline), Polycyclic Aromatic Hydrocarbons (PAHs), Metals (Pb, Cu, Zn, Cd, Cr), Sediment, Nutrients, Chloride, Bacteria, Trash and other debris. Stormwater must be allowed to filter, either naturally or through engineered solutions to remove toxins before they end up into our ecosystem, and eventually eaten by us as these toxins work their way up the food chain. It is imperative that existing soil quality be assessed and understood. Throughout the years, many industries, including the Oneida (across the Welland River from this proposal), have both Page 604 of 990 leeched and dumped toxic chemicals in this region. Any excavation at this site could unearth and erode these chemicals into the air and surrounding waterways. 5/ In 1996, Richard Horner and Chris May published this seminal paper that synthesized a decade of Puget Sound research to identify and rank the four factors that degrade urban waterways and negatively influence aquatic productivity and fish survival. This research made it clear that stormwater management was as much or more about land use decisions as engineering solutions. The four factors are: Changes in Hydrology – Greater volume and rate of surface runoff caused by increased impervious area and densification of the road network. Disturbance and/or Loss of Integrity of the Riparian Corridor – Clearing and removal of natural vegetation in riparian (streamside) areas. Degradation and/or Loss of Aquatic Habitat within the Waterway – Caused by erosion and sedimentation processes, bank hardening, and removal of large organic debris; aquatic habitat degradation is a direct result of changes in hydrology. Deterioration of Water Quality – Increased sediment load due to more runoff volume causing channel erosion. Pollutant wash-off from land uses, deliberate waste discharges and accidental spills. All of the above must be considered when reviewing any development proposal. 6/ The proposed amendment does not adhere to the Open Space Land use policies outlined in the Official Plan for the City of Niagara Falls. The Official plan is clear that open spaces should be preserved. City Council should not allow amendments to this plan for the proposed application unless the developer provides clear justification and evidence that a change is necessary and will benefit the community. There are municipalities in Canada working to protect land formerly used as golf course by including them as part of their agricultural reserve. This would be an idea worth exploring in interest of improving local food security. The development proposal includes 679 detached dwellings and a total of 1,344 residential units. The “purple” residential homes (50’) on the north side of the property along the Welland River must NOT be considered as part of this proposal. Building these homes removes habitat and necessary ecological and hydrological function throughout the area. The many cattail ponds at the site should be considered for preservation and integration into the plan. The extensive vegetative growth network of cattails is good for filtering heavy runoff. The base of the cattails catch debris and filter excess nutrients which would otherwise end up in the pond; fueling the out of control growth of algae. The rhizomes of the cattails are good for stabilizing soil. They can help minimize bank erosion and can slow down heavy storm- water velocities and reduce the risk of erosion. Cattails provide nesting and breeding habitat for a variety of desirable wildlife, most notably red-winged blackbirds and migratory ducks. I appreciated your time and welcome the opportunity to discuss these issues. Thank you for addressing these serious concerns. Page 605 of 990 Respectfully, Rachel Symington Chippawa, ON L2G 7A2 CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 606 of 990 October 23, 2023 RE: AM 2021-016 and AM 2022-015 Dear Council Members: Please endorse city staff’s recommendation and refuse the Official Plan Amendment and Zoning By-law amendment as detailed in Report No. PBD-2023-62. Niagara Falls does not need more land to build more housing. There is no need to destroy the valuable wildlife habitat on this land or to cut more trees. It is important for biodiversity that connections between natural features and habitats be extended, not further fragmented. The shorelines of Lyon’s Creek and the Welland River benefit wildlife and residents. The Environmental Protection Areas adjacent to the waterways, as mapped, are neither wide enough nor continuous enough. The city now has the laudable goal of diversifying our economy from being so heavily reliant on tourism. The Stanley Avenue Business Park industry’s concerns should be heeded and they should not need to worry about residential encroachment. New housing should be built on land that is not environmentally sensitive and that is convenient to transit. Environmental studies have not been completed. Please say no to this unnecessary and destructive development. Sincerely, Joyce Sankey, Conservation Director Niagara Falls Nature Club Page 607 of 990 From: Rstringer <> Sent: Monday, October 23, 2023 2:11 PM To: Mackenzie Ceci Subject: [EXTERNAL]-Oaklands Golf Course Zoning Change Robert & Vicky Stringer are opposed to the request to change the zoning for Oaklands Golf Course and the Lyons Creek Wetlands. My Wife and I are Residents of the Village of Chippawa and request our voices be heard and counted. I am currently the Past Commodore of the G.N.B.C. located on the shores of both the Welland River and Lyons Creek, and strongly oppose this change that will directly affect the Natural habitat of many species of aquatic life and land species that are identified as endangered. Please do NOT allow this to happen. Sent from Mail for Windows CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 608 of 990 The information given in the public meeting notice mailed to us did not include the under soil map, meaning which part of the suggested land for development is wetland or a route for under soil water that leads to rivers, especially the land under discussion is surrendered by two rivers? None of the schedules given in the notice has clear infrastructure plans for such a big subdivision such as: Lyon’s creek road expansion due to population congestion and subsequently jammed traffic (lyon’s creek is narrow road with one lane each way) Public transportation Schools, health and community centres Shopping centres Environment friendly routes for bicycles and scooters With the amount of units mentioned in the plan I don't see enough green space left for trails and parks! I strongly oppose this development due to unfathomable impact on the environment and well being of the rest of residents includes: Traffic congestion/ air pollution: Adding more residents and vehicles to an area leading to increased traffic congestion. This causes air and sound pollution; longer commute times and decreased life quality for existing residents. Traffic also causes polluted air which endangers everyone physically and mentally ( I encourage you to do your diligent search for this matter) Deforestation: Destroying green space, vegetation, and cutting the trees contributes to air pollution and carbon emission as trees absorb carbon dioxide from the atmosphere and store it as carbon in their biomass. Trees prevent soil erosion as their roots help stabilise soil, trees play a crucial role in regulating the water cycle, and many species depend on trees for their existence. I could continue discussing this topic endlessly, but for now I stop here and let you think it over. Water pollution: Any use of chemicals ( weed killer, lawn fertiliser, etc..) on the land that is near or flows into the river will result in the pollution of the river water. Making roads and parking lots carry pollutants like oil, chemicals into nearby water bodies and degrading water quality. I hope you did not forget that the river water is our drinking water source!!! We are in top crises of climate change, subdivision development typically replaces open green space with building, roads, and vehicles contributes to the urban heat island effect, raising temperatures and can be disastrous irreversible mistake that we are already dealing with! To mitigate the environmental impacts, sustainable land-use planning, responsible zoning, and most importantly incorporating the well-being of both the natural environment and people should be the priority of the city. Page 609 of 990 PBD-2023-60 Report Report to:Mayor and Council Date:October 24, 2023 Title: Official Plan Amendment No. 155 – Delegation of Approval Authority Recommendation(s) That Council approve the amendments to the City’s Official Plan and adopt the Delegation By-law, as outlined in this report. Executive Summary Bill 13 amended the Planning Act to permit the delegation of approval authority to Staff for specific development applications. Council endorsed Report PBD-2023-16 on March 21, 2023, which outlined which development applications would be delegated, the time savings of each, authorized Staff to proceed with amendments to the City’s Official Plan, and create a draft delegation by-law to permit the delegation of these development applications. In addition, Staff requested Community Improvement Plan (CIP) simple grants be included in the applications delegated to Staff in report PBD-2023-54 on September 12, 2023. The Official Plan Amendment proposes policies for the criteria of the development applications to be delegated and the Delegation By-law sets out the parameters for the delegation of authority. Background In 2021, Bill 13 (The Supporting People and Businesses Act) amended the Planning Act to allow for delegation of authority to Staff for approval of certain development applications. The amendments introduced the ability for Council to delegate the authority to pass zoning by-laws that are of a minor nature to Staff. This could include decisions for temporary use by-laws, the lifting of holding provisions, and other minor zoning by-law amendments (Section 39.2(1)). Additionally, Bill 13 allowed Council to delegate authority to Staff to approve minor revisions to draft approved plans, extend the lapsing period for draft approved plans, and approve draft plans (Section 51.2(1)). Page 1 of 16 Page 610 of 990 Delegation of development applications does not alter notice requirements, public meeting requirements, appeal rights, or the requirement for a proposal to be consistent with Provincial, Regional and Local Planning Policy. Council has already delegated site plan approval to Staff through the Site Plan Control By-law (By-law 2011-113) and delegated minor variance and consent applications to the Committee of Adjustment (By-law 2000-12). Several other municipalities have implemented Bill 13 to permit delegated authority including Ottawa, Kingston, Brantford, and Hamilton. On March 21, 2023, Council endorsed Report PBD-2023-16 which authorized Staff to proceed with amendments to the City’s Official Plan and create a draft by-law to delegate authority to staff for certain development applications including: 1. Minor Zoning By-law Amendments, including: a. Housekeeping matters (such as terminology) b. Lifting of a Holding Provision c. Temporary Use By-law d. Agricultural Purposes Only e. Other Minor Zoning By-law Amendments that meet the following criteria: i. No studies or reports are required to review the application, other than a Planning Justification report, and ii. The proposal does not contradict any Provincial Policies, and iii. The proposal conforms to the Region and City’s Official Plan. 2. Deeming By-law Applications 3. Consent Applications, including: a. Easements b. Validations of Title Certificate c. Discharge of Mortgage 4. Lifting Part Lot Control 5. Draft Approved Plan Applications, including: a. Minor Status Revisions to a Draft Approved Plan of Subdivision/Condominium b. Extending the Lapsing Period of a Draft Approved Plan of Subdivision/Condominium c. Approval of a Plan of Condominium d. Condominium Exemptions for Draft Plan Approval 6. Community Improvement Plan Simple Grant Applications On September 12, 2023, Council endorsed Report PBD-2023-54 which recommended that CIP Simple Grant applications be delegated to Staff. Simple Grant applications include one-time grant payments which are within the spending authority of the Director of Planning (under $25,000) such as Commercial Building & Façade Improvement Grants and Environmental Study Grants. This will help streamline the grant approval process. Page 2 of 16 Page 611 of 990 Circulation Comments Information regarding the proposed Official Plan Amendment and delegation by-law was circulated to City divisions, the Region, and agencies for comment. No comments have been received to date. Public Consultation Staff held a Public Open House on Thursday September 14th, which had no attendees. In addition, a notice of public meeting was posted in the Niagara Falls Review on September 23, 2023. Through written comments, Staff received the following comments: Comments/Questions/Concerns City Response The City should consider establishing a ‘Development Review Committee’ with staff representatives from each Municipal Department to ensure all relevant interests are met. That a ‘Development Coordinator’ position be established to lead the Committee and coordinate all matter related to development applications. The City currently has internal meetings between departments (Planning, Building and Development, Business Development, Municipal Works, and Fire) to discuss development applications to ensure all relevant interests are met. Currently, the coordination of development applications is the responsibility of the Planner assigned to the file in order to ensure efficiency and a lack of duplication of tasks. Criteria for ‘Minor Zoning By-law Amendments’ be clearly defined due to confusion with what constitutes a ‘minor variance to zoning by-law’ The proposed Official Plan Amendment includes criteria to clearly define what constitutes a Minor Zoning By-law Amendment. Additionally, as the difference between a Zoning By-law Amendment and a Minor Variance is a professional judgement by a Planner, a policy has been added to the Official Plan Amendment to outline that Minor Zoning By-law Amendments will be determined by the General Manager of Planning, Building and Development or their designate. Page 3 of 16 Page 612 of 990 Analysis The amendments Bill 13 made to the Planning Act require that Official Plan policies be in place to outline criteria for the delegation of authority for Minor Zoning By-law Amendments and Draft Approved Plans. Official Plan Amendment No.155 (attached as Appendix A) proposes to: Delegate Minor Zoning By-law Amendments by: o Introducing policies to delegate approval authority to the General Manager of Planning, Building and Development; o Introducing policies to outline the criteria for Minor Zoning By-law Amendments to be delegated which includes: Housekeeping updates Lifting of a holding provision by-law Approval of a temporary use by-law Agricultural purposes only by-law Any amendments that meet the following criteria: No studies or reports are required other than a Planning Justification report The proposal does not contradict any Provincial Policies The proposal conforms to the Region and City’s Official Plan o Updating policies to ensure terminology aligns with the current approval authority; and, o Introducing policies to permit the scheduling of Public Meetings outside of Council Meetings. Delegate Draft Approved Plans by: o Introducing policies to delegate approval authority to the General Manager of Planning, Building and Development for: Extending the lapsing/expiration period of a Draft Approved Plan Draft Plan Approval of Condominium Condominium exemption Minor status revisions to a Draft Approved Plan o Introducing policy to outline criteria for minor status revisions to Draft Approved Plans; and, o Updating policies to ensure terminology aligns with the correct approval authority. Delegate Community Improvement Plan Simple Grant Applications by: o Introducing policies to delegate authority to the General Manager of Planning, Building and Development; and, o Introducing policies to outline the criteria for a CIP Simple Grant Application. Delegated authority must be defined and permitted through a municipal delegation by- law, which stipulates the parameters to maintain trust between Council and their delegate. The municipal Delegation By-law (attached as Appendix B) permits the delegation of all development applications listed above. For Council’s information, not Page 4 of 16 Page 613 of 990 all are not required to have Official Plan policies such as deeming by-laws, technical consent applications, and lifting of part lot control. Future by-laws passed under delegated authority will continue to be signed by the Mayor and Clerk; however, they will be signed outside of Council’s agenda and will read “Signed and sealed under the delegated authority of Council to the General Manager of Planning, Building and Development, as per by-law 2023-XX, this XX day of XX, 2023”. Overall, delegated authority is an effective tool to assist in streamlining development applications. Delegating these development applications results in significant time savings for processing applications, on average saving up to four weeks per application, as can be seen in Appendix C. Delegating authority and streamlining the development approval process aligns with Municipal and Provincial goal of building more homes faster. If Council approves this report Staff will return with the Official Plan Amendment and delegation by-law for adoption and passage at a future Council date. Financial Implications/Budget Impact Delegating authority to Staff would free up Council time to focus on non-technical matters and would result in applications being processed at a faster rate with time savings between 2 to 5 weeks per application. Strategic/Departmental Alignment Delegating authority contributes to Council’s Engaging & Accountable Government priority by providing an improved and more efficient customer service experience. List of Attachments Appendix A - DRAFT Delegated Authority OPA Appendix B - DRAFT Delegated Authority Bylaw Appendix C - Summary of Time Savings from Delegating Authority Written by: Danielle Foley, Planning Student Submitted by:Status: Andrew Bryce, Director of Planning Approved - 17 Oct 2023 Kira Dolch, General Manager, Planning, Building & Development Approved - 17 Oct 2023 Erik Nickel, General Manager of Municipal Works Approved - 17 Oct 2023 Page 5 of 16 Page 614 of 990 Page 6 of 16 Page 615 of 990 OFFICIAL PLAN AMEDNMENT NO. 155 PART 1 – PREAMBLE (i)Purpose of the Amendment The purpose of the amendment is to update existing policies and introduce new policies within the City of Niagara Falls Official Plan to respond to the Supporting People and Businesses Act, 2021 (“Bill 13”), which amended the Planning Act to allow for delegation of authority to staff for approval of certain development applications. (ii)Location of the Amendment The amendment applies to all lands within the City of Niagara Falls. (iii)Details of the Amendment Text Change •The amendment introduces new policies to permit the delegation of development application approvals to Staff •The amendment introduces new policies to outline the criteria for delegation of Staff approval for specific applications •To make minor revisions to ensure terminology aligns with the revised approval authority (iv)Basis of the Amendment The Supporting People and Businesses Act, 2021 (“Bill 13”) has made amendments to the Planning Act to permit the delegation of approval authority to a committee of council or an individual who is an officer, employee or agent of the municipality for specific development applications. The amendments introduced the ability for Council to delegate the authority to pass zoning by-laws that are of a minor nature to Staff. This could include decisions for temporary use by-laws, the lifting of holding provisions, and other minor zoning by-law amendments (Section 39.2(1)). Additionally, Bill 13 allowed Council to delegate authority to Staff to approve minor revisions to draft approved plans, extend the lapsing period for draft approved plans, and approve draft plans (Section 51.2(1)). Delegation of development applications does not alter notice requirements, public meeting requirements, appeal rights, or the requirement for a proposal to be consistent with Provincial, Regional and Local Planning Policy. Page 7 of 16 Page 616 of 990 Council has already delegated site plan approval to Staff through the Site Plan Control By-law (By-law 2011-113) and delegated minor variance and consent applications to the Committee of Adjustment (By-law 2000-12). Based on the current practices with delegation of site plans, minor variance, and consent applications, the amendment identifies following development applications for delegation: 1. Minor Zoning By-law Amendments, including: a. Housekeeping matters (such as terminology) b. Lifting of a Holding Provision c. Temporary Use By-law d. Agricultural Purposes Only e. Other Minor Zoning By-law Amendments that meet specific criteria: 2. Deeming By-law Applications 3. Consent Applications, including: a. Easements b. Validations of Title Certificate c. Discharge of Mortgage 4. Lifting Part Lot Control 5. Draft Approved Plan Applications, including: a. Minor Status Revisions to a Draft Approved Plan of Subdivision/Condominium b. Extending the Lapsing Period of a Draft Approved Plan of Subdivision/Condominium c. Approval of Plan of Condominium d. Condominium Exemptions for Draft Plan Approval 6. Community Improvement Plan Simple Grant Applications Page 8 of 16 Page 617 of 990 PART 2 – BODY OF THE AMENDMENT All of this part of the document entitled PART 2 – Body of the Amendment, consisting of the following text, constitute Amendment No. 155 to the Official Plan of the City of Niagara Falls DETAILS OF THE AMENDMENT The Official Plan of the City of Niagara Falls is hereby amended as follows: 1. TEXT CHANGES a) PART 4, SECTION 4 - BY-LAWS is hereby amended by adding the following policies: “4.1.1.1 Minor Zoning By-law Amendments, as determined by the General Manager of Planning, Building and Development, may include: a) Updates to terminology or mapping to align with the Official Plan, b) The lifting of a holding provision, c) The approval of a temporary use by-law, d) A zoning by-law amendment required as part of a surplus farm dwelling severance to prohibit future residential uses on agricultural lands, e) Any other amendments that meet the following criteria: i. No studies or reports are required to review the application, other than a Planning Justification report, and ii. The proposal does not contradict any Provincial Policies, and iii. The proposal conforms to the Region and City’s Official Plan. 4.1.1.2 Approval of minor zoning by-law amendments as outlined in Policy 4.1.1.1 may be delegated, by by-law, to the General Manager of Planning, Building and Development or their designate in accordance with the requirements of the Planning Act. b) PART 4, SECTION 4 - BY-LAWS, Policy 4.1.2 is amended by: i. adding the words “or their designate” after the word “Council” in the introductory sentence and within Policy 4.1.2.1 ii. adding a new Policy 4.1.2.4 as follows: Page 9 of 16 Page 618 of 990 “4.1.2.4 Public meetings may be scheduled outside of Council Meetings for minor zoning by-law amendments as outlined in Policy 4.1.1.1” c) PART 4, SECTION 4 - BY-LAWS, Policy 4.1.3 is amended by adding the words “or their designate” before the word “Council” in all instances. d) PART 4, SECTION 4 - BY-LAWS, Policy 4.2.1 is amended by: i. Deleting the words “In this regard, Council may consider” in the introductory paragraph. ii. Adding the words “may be considered” after the words “The use of the letter ‘H’”. iii. Adding the words “Council or Staff, as delegated by by-law in accordance with the Planning Act, may pass by-laws to lift the Holding provision.” as a new paragraph after Policy 4.2.1.8. e) PART 4, SECTION 4 - BY-LAWS, Policy 4.4.1 is amended by: Adding the words “or their designate as delegated by by-law in accordance with the Planning Act” after the word “Council”. f) PART 4, SECTION 4 - BY-LAWS, Policy 4.4.2 is amended by: i. Deleting the words “Council shall consider” before the words “matters such as the compatibility” and adding the words “shall be considered.” after the words “servicing; and noise” in the first sentence. g) PART 4 SECTION 7 – SUBDIVISION CONTROL, Policy 7.2 is amended by deleting the words “to the Regional Municipality of Niagara” after the words “Council shall recommend” in the third sentence of the paragraph, and adding the following new policies: “7.2.1 Council may, by by-law, delegate approval authority for the following: •Extending the lapsing period of a draft approved plan; •Draft plan approval of condominium; •Condominium exemption; and •Minor status revisions to a draft approved plan as established in 7.2.2. 7.2.2 Minor status revisions to draft approved plans may include: Page 10 of 16 Page 619 of 990 •A change that does not require additional technical studies or revisions to existing technical studies; •A change to lot or block lines which do not significantly affect the number of units or road patterns; •A change to a proposed right-of-way width; •A minor change to draft plan conditions that does not significantly alter the intent of the condition; •A change that does not conflict with any Provincial or Regional policies; and •A change that will not result in conflict with Official Plan policies and Zoning By-law regulations.” h) PART 4 SECTION 11 – COMMUNITY IMPROVEMENT is amended by adding a new Policy 11.9 as follows: “11.9 Approval of Simple Grant CIP applications as outlined in Policy 11.9.1 shall be delegated, by by-law, to the General Manager of Planning, Building and Development or their designate in accordance with the requirements of the Planning Act. 11.9.1 Simple Grant CIP applications include programs that offer one-time grant payments valued up to $25,000.” Page 11 of 16 Page 620 of 990 THE CORPORATION OF THE CITY OF NIAGARA FALLS BY LAW NO. XX A by-law to delegate the authority of approval for matters under Sections 39.2(1) and 51.2(1) of the Planning Act, R.S.O. 1990, c.P.13, as amended, and other development matters. WHEREAS Sections 23.1 and 23.2 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, authorizes a municipality to delegate certain powers and duties; AND WHEREAS under the provisions of Subsection 39.2(1) of the Planning Act, as amended by Bill 13, the Supporting People and Businesses Act, 2021, a Council of a local municipality may, by by-law, delegate certain development approval powers and duties to staff; AND WHEREAS under subsections 39.2(1) and 51.2(1) of the Planning Act, the Council of The Corporation of the City of Niagara Falls approved Official Plan Amendment No. 155 to specify the type of development applications in respect to which there may be a delegation of authority of approval; AND WHEREAS the Council of The Corporation of the City of Niagara Falls deems it appropriate to delegate its powers and authority under Sections 39.2(1) and 51.2(1) of the Planning Act, to the General Manager of Planning, Building and Development , or their designate. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS HERBY ENACTS AS FOLLOWS: Definitions 1. In this By-law, a. “Approval” means the authority to sign for approval and execute an agreement, contract, release, waiver, application and/or document intended to bind the City and includes any renewal, amendment, or termination thereof; b. “City” means The Corporation of the City of Niagara Falls; c. “Condominium Act” means the Condominium Act, 1998, S.O 1998, c.19, as amended, and any successor legislation; d. “Council” means the Council of The Corporation of the City of Niagara Falls; e. “Development Application” means an application for approval under the Planning Act and may include Plans of Subdivision, Plans of Condominium, Consents, Part Lot Control Exemption By-laws, Site Plans, Community Improvement Plan, and Official Plan Amendments and Zoning By-law Amendments; Page 12 of 16 Page 621 of 990 f. “General Manager” means the General Manager of Planning, Building and Development, or their designate when the General Manager is unable to conduct their duties pursuant to this by-law through illness or otherwise; g. “Municipal Act” means the Municipal Act, 2001, S.O. 2001, c.25, as amended, and includes any Regulation passed under it, as applicable; h. “Planning Act” means the Planning Act, R.S.O. 1990, c.P.13, as amended, and includes any Regulation passed under it, as applicable; and i. “Simple Grant” means any Community Improvement Plan program that offers a one-time grant payment valued up to $25,000. Approval Authority 2. Council hereby delegates its powers of Approval over certain Development Applications to the General Manager of Planning, Building and Development, and authorizes the General Manager to: i. Pass a by-law that is minor in nature as outlined in the Official Plan under any City Zoning By-law under Section 34 and Section 39.2 of the Planning Act; ii. Pass a by-law to remove a Holding (H) Symbol under Section 36 of the Planning Act; iii. Pass a by-law to establish a Temporary Use or extend a Temporary Use By- law under Section 39 of the Planning Act; iv. Pass an Agricultural Purposes Only Zoning By-law amendment as part of a Consent Application Condition under Section 34 of the Planning Act; v. Pass a Deeming By-law under Section 50(4) of the Planning Act; vi. Grant approval for consent applications for Validation of Title under Section 57 of the Planning Act; vii. Grant approval for consent applications for Easements and Discharge of Mortgage under Section 53 of the Planning Act; viii. Grant approval to Lift Part Lot Control under Section 50(5) of the Planning Act; ix. Grant approval of minor modifications of a draft plan of subdivision or condominium under Section 51(44) of the Planning Act, as established in the Official Plan, and the authority not to issue a notice if such change is minor in the opinion of the General Manager; x. Grant approval to extend the lapsing period of a Draft Approved Plan of subdivision or condominium under Section 51(32) of the Planning Act; xi. Grant approval of a draft plan of condominium and impose conditions under Section 51(25) of the Planning Act; xii. Grant an exemption for a draft plan of condominium under Section 9(7) of the Condominium Act from the provisions in Section 51 of the Planning Act; and xiii. Grant approval of Simple Grant CIP applications under Section 29 and Section 32 of the Planning Act. Page 13 of 16 Page 622 of 990 3. That any provision of any other by-law of the City that is inconsistent with this by- law shall be of no force or effect. Read a First, Second and Third time; passed, signed and sealed in open Council this XXth day of MONTH, 2023. ....................................................... ....................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 14 of 16 Page 623 of 990 Appendix C – Summary of Time Savings from Delegating Authority Application Type Current Processing Time Delegated Processing Time Time Savings Housekeeping 10-12 weeks 5-7 weeks Up to 5 weeks Lifting of a Holding Provision 8-10 weeks 4-5 weeks Up to 4 weeks Temporary Use By-laws 10-12 weeks 5-7 weeks Up to 5 weeks Agricultural Purposes Only 10-12 weeks 5-7 weeks Up to 5 weeks Minor Zoning By-law Amendments Other Minor Zoning By-law Amendments 10-12 weeks 5-7 weeks Up to 5 weeks Deeming By-law 4-5 weeks 1-2 weeks Up to 3 weeks Easements 10-12 weeks 5-7 weeks Up to 5 weeks Validations of Title Certificate 4-5 weeks 1 week Up to 4 weeks Technical Consent Applications Discharge of Mortgage 10-12 weeks 5-7 weeks Up to 5 weeks Lifting Part Lot Control 4-5 weeks 2 weeks Up to 2 weeks Minor Status Revisions to a Draft Approved Plan 8-9 weeks 4-5 weeks Up to 4 weeks Extend the Lapsing Period of a Draft Approved Plan 8-9 weeks 4-5 weeks Up to 4 weeks Draft Plan Approval of Condominium 14-16 weeks 10-12 weeks Up to 4 weeks Page 15 of 16 Page 624 of 990 Condominium Exemption 8-9 weeks 4-5 weeks Up to 4 weeks Community Improvement Plan Simple Grant Applications 8-9 weeks 4-5 weeks Up to 4 weeks Page 16 of 16 Page 625 of 990 Delegated Authority City of Niagara Falls Draft Official Plan Amendment No. 155 Page 626 of 990 A GREAT CITY…FOR GENERATIONS TO COME Background •Bill 13 has made changes to the Planning Act which permits the delegation of approval authority to Staff for specific development applications •Delegation of development applications does not alter notice requirements, public meeting requirements, appeal rights, or the requirements for a proposal to be consistent with Provincial, Regional and Local Planning Policy •Council has already delegated site plan approval to Staff and delegated minor variance and consent applications to the Committee of Adjustment Page 627 of 990 A GREAT CITY…FOR GENERATIONS TO COME Background •Staff are recommending the following development applications be delegated: 1. Minor Zoning By-law Amendments, including: a) Housekeeping matters (such as terminology) b) Lifting of a Holding Provision c) Temporary Use By-law d) Agricultural Purposes Only e) Other Minor Zoning By-law Amendments (subject to criteria) 2. Deeming By-law Applications 3. Consent Applications, including: a) Easements b) Validations of Title Certificate c) Discharge of Mortgage 4. Lifting Part Lot Control 5. Draft Approved Plan Applications, including: a) Minor Status Revisions to a Draft Approved Plan of Subdivision/Condominium b) Extending the Lapsing Period of a Draft Approved Plan of Subdivision/Condominium c) Approval of a Plan of Condominium d) Condominium Exemptions for Draft Plan Approval 6. Community Improvement Plan Simple Grant Applications Page 628 of 990 A GREAT CITY…FOR GENERATIONS TO COME Proposed Changes -Summary of OPA No. 155: •Delegate Minor Zoning By-law Amendments by: •Introducing policies to delegate approval authority •Updating policies to ensure terminology aligns with the revised approval authority •Introducing policies to outline the criteria for a Minor Zoning By-law Amendment •Introducing policies to permit the scheduling of Public Meetings outside of Council Meetings Page 629 of 990 A GREAT CITY…FOR GENERATIONS TO COME Proposed Changes - PART 4 –Administration and Implementation SECTION 4 –By-laws 4.1.1.1 Minor Zoning By-law Amendments may include: a)Updates to terminology or mapping to align with the Official Plan, b)The lifting of a holding provision, c)The approval of a temporary use by-law, d)A Zoning By-law amendment required as part of a surplus farm dwelling severance to prohibit future residential uses on agricultural lands, e)Any other amendments that meet the following criteria: i.No studies or reports are required to review the application, other than a Planning Justification report, and ii.The proposal does not contradict any Provincial Policies, and iii.The proposal conforms to the Region and City’s Official Plan. 4.1.1.2 Approval of minor zoning by-law amendments as outlined in Policy 4.1.1.1 shall be delegated, by by-law, to the General Manager of Planning, Building and Development or their designate in accordance with the requirements of the Planning Act.Page 630 of 990 A GREAT CITY…FOR GENERATIONS TO COME Proposed Changes -Summary of OPA No. 155: •Delegate Draft Approved Plans by: •Introducing policies to delegate approval authority •Introducing policies to outline criteria for minor status revisions to Draft Approved Plans •Updating policies to ensure terminology aligns with the revised approval authority Page 631 of 990 A GREAT CITY…FOR GENERATIONS TO COME Proposed Changes - PART 4 –Administration and Implementation SECTION 7 –Subdivision Control 7.2.1 Council may, by by-law, delegate approval authority for the following: Extending the lapsing period of a draft approved plan; Draft plan approval of condominium; Condominium exemption; and Minor status revisions to a draft approved plan as established in 7.2.2. 7.2.2 Minor status revisions to draft approved plans may include: A change that does not require additional technical studies or revisions to existing technical studies; A change to lot or block lines which do not significantly affect the number of units or road patterns; A change to a proposed right-of-way width; A minor change to draft plan conditions that does not significantly alter the intent of the condition; A change that does not conflict with any Provincial or Regional policies; and A change that will not result in conflict with Official Plan policies and Zoning By-law regulations. Page 632 of 990 A GREAT CITY…FOR GENERATIONS TO COME Proposed Changes -Summary of OPA No. 155: •Delegate Community Improvement Plan Simple Grant Applications: •Introducing policies to delegate authority PART 4 –Administration and Implementation SECTION 11 –Community Improvement 11.9 Approval of Simple Grant CIP applications as outlined in Policy 11.9.1 shall be delegated, by by-law, to the General Manager of Planning, Building and Development or their designate in accordance with the requirements of the Planning Act. 11.9.1 Simple Grant CIP applications include programs that offer one-time grant payments valued up to $25,000.Page 633 of 990 A GREAT CITY…FOR GENERATIONS TO COME Public Comments •An Open House was held on September 14th no members of the public attended •Through written comments Staff received the following comments: Comments/Questions/Concerns City Response The City should consider establishing a ‘Development Review Committee’ with staff representatives from each Department to ensure all relevant interests are met. The City currently has internal meetings between departments (Planning, Building and Development, Economic Development, Municipal Works, Engineering, and Legal) to discuss development applications to ensure all relevant interests are met. That a ‘Development Coordinator’ position be established to lead the Committee and coordinate all matter related to development applications. Currently, the coordination of development applications is the responsibility of the Planner assigned to the file to ensure efficiency and a lack of duplication of tasks. Criteria for ‘Minor Zoning By-law Amendments’ be clearly defined due to confusion with what constitutes a ‘minor variance to zoning by-law’ The proposed OPA includes criteria to clearly define what constitutes a Minor Zoning By-law Amendment. Additionally, as the difference between a Zoning By-law Amendment and a Minor Variance is a professional judgement by a Planner, a policy has been added to the Official Plan Amendment to outline that Minor Zoning By-law Amendments will be determined by the General Manager of Planning, Building and Development or their designate.Page 634 of 990 A GREAT CITY…FOR GENERATIONS TO COME Recommendation That Council approve the proposed Official Plan Amendment and Municipal Delegation By-law, as described in report PBD- 2023-60.Page 635 of 990 1 Julie Hannah From: Sent:Tuesday, September 12, 2023 1:18 PM To:Julie Hannah Subject:[EXTERNAL]-Proposed Delegated Authority OPA 155 and By-law Hi Julie Further to our discussion the other day I have the following comments for your consideraon: Re: City Iniated Amendment for Delegated Authority Official Plan Amendment No. 105 and Delegaon By-law During my career as a professional planner, I always found it important to find ways to streamline the planning process while ensuring that public interests are protected. While Bill 13 has made changes to the Planning Act to permit the delegaon of approval for minor zoning by-law amendments, the City is also moving forward to consider the delegaon of other planning approvals. The City should be commended for taking the iniave to have Council delegate certain approvals under the Planning Act to senior Planning staff. This will help to reduce processing mes and costs that will benefit applicants, staff and Council when considering planning applicaons that have already been condionally approved through a public process or are more roune in nature. However, I have the following suggesons to ensure that delegated authority is undertaken in a coordinated, consistent and effecve manner to ensure community interests are met and to maintain public trust: 1. Administrave procedures need to be clearly outlined and should consider: That the City establish a “Development Review Commiee” be formed with staff representaves from each municipal Department to ensure that all relevant interests are met in a mely manner. That a “Development Co-Ordinator” posion be established in the Planning Department to lead this staff Commiee; coordinate any internal or external requirements; expedite the approval process; and to be the primary point of contact for applicants or others who may have enquiries. Criteria for “minor zoning by-law amendments” need to be clearly defined since this may be confused with what constutes a “minor variance to a zoning by-law”. In this regard, the City may only want to include zoning amendments for Agricultural Purposes Only (APO), temporary uses, and the liing of Holding Provisions at this me. 2. Consistency is required for delegated authority applicable to the Commiee of Adjustment: The City’s exisng delegaon by-law is not being followed as it spulates that there shall be 9 members; comprised of 4 members of the public (appointed for the term of Council) and 5 Councillors (appointed annually). Currently there are only 7 members: 5 cizens and 2 Councillors (not appointed annually). Further, the City’s website is also inaccurate as it indicates that there are only 5 members. It should also be pointed out that membership under the current by-law gives Council a controlling interest in decision making which, among other maers, contradicts the intent to delegate their authority. The Commiee is an independent quasi-judicial tribunal that does not report to Council. Minor variance and consent applicaons are considered to be minor planning applicaons related to zoning by-laws and Page 636 of 990 2 subdivisions that are subject to a separate public process led by Council as the approval authority. It would not be appropriate to have City Councillors as members of the Commiee as they may be bias and aempt to influence decision making of the Commiee based on their obligaon to uphold related Council decisions. This would be contrary to the common law principle of natural jusce to hold a fair hearing and to maintain public trust. In my opinion, this is an indirect conflict of interest that contravenes the City’s Code of Conflict for members of Council. The Ontario Associaon of Commiees of Adjustment shares this opinion. Delegated authority for the Commiee of Adjustment needs to be consistent with the proposal for addional delegated approvals that will remove City Councillors from the decision making process. The exisng delegaon by-law must be reviewed and updated to be in conformity with current Municipal Conflict of Interest legislaon and the City’s Code of Conduct for Municipal Councillors. The City needs to consult their Integrity Commissioner on this maer. I hope you will find these comments helpful. Please let me know when this maer will be on the Council agenda and provide me with a copy of Staff’s recommendaon report when it is available. If you’d like to further discuss my comments, please contact me at your convenience. Best regards, Peter Colosimo CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 637 of 990 1 The Niagara Falls Shadow Council "The Official Opposition Party of the City of Niagara Falls Council" A registered Independent Social Counseling organization "Holding Governments Accountable" Lady Justice Do not redact the contents of this document This document can be freely distributed Comments #10-24-2023-05 Tuesday October 24, 2023 Comments for the 10 24 2023 Council Meeting Agenda Item 5.2 PBD-2023-60 Official Plan Amendment No. 155 – Delegation of Approval Authority Council, Provisions should be implemented to allow the pubic to readily view decisions made by staff under this new authority. Perhaps a web site page with links to decisions made by staffs use of there new powers. This would further transparency and accountability. Joedy Burdett reserves the right to all Planning Act appeals and requests to be notified of all Planning Act notices and desires to be informed and participate in all planning events to which a member of the public is entitle to concerning these matters. Page 638 of 990 2 Joedy Burdett President of the Niagara Falls Shadow Council "The Official Opposition Party of the City of Niagara Falls Council" Former 2022 Candidate for The Niagara Falls City Council election. Ontario Independent Designer (BCIN 38837) Building Services, Plumbing-All Buildings, Small Buildings Owner Niagara Tinting 4480 Bridge Street, Niagara Falls, Ontario, L2E 2R7 (905) 353 8468 Niagara Falls Shadow Council.ca (TNFSC.ca) The Niagara Falls Shadow Council is a registered Independent Social Counseling organization (BIN 1000515774). The Niagara Falls Shadow Council and "The Official Opposition Party of the City of Niagara Falls Council" are not associated with The City of Niagara Falls. Altering or redacting this document will be viewed as a violation of Section 2(b) of The Canadian Charter of Rights. Page 639 of 990 PBD-2023-61 Report Report to:Mayor and Council Date:October 24, 2023 Title: Official Plan Amendment No. 162 and Zoning By-law Amendment AM-2023-016, New Additional Dwelling Unit Policies Recommendation(s) That Council adopt and approve the amendments to the City’s Official Plan and Zoning By-law, as outlined in this report. Executive Summary Bill 23 has amended the Planning Act to permit two Additional Dwelling Units (ADUs) ‘as of right’ on parcels of urban residential land containing a detached, semi-detached, or an on-street townhouse dwelling for a total of three dwelling units on a lot. Staff have initiated an Official Plan Amendment and Zoning By-law Amendment to bring City policies into alignment with the Planning Act. In addition, Staff have proposed including duplex dwellings as a housing type permitted to have ADUs. Further, Staff propose permitting one ADU on parcels of rural land containing a detached dwelling. The amendments are recommended for the following reasons: To bring the City’s ADU policies and provisions into conformity with the Planning Act and Regional policies; To provide additional opportunities for affordable housing units; To align with Provincial, Regional, and Local goals to provide a range of housing; and, To update Zoning By-law provisions to ensure the health and safety of ADUs. Background Additional Dwelling Units are often described as a self-contained residential unit with a private kitchen, bathroom facilities and sleeping area within an existing dwelling or in an accessory building to the dwelling. ADUs have many names including but not limited to second units, accessory apartments, in-law suites, garden suites, and basement apartments. The City’s Housing Needs and Supply Report, 2021, identified the City’s housing stock is two thirds comprised of detached dwellings, and that one-person households account for over a quarter (25.9%) of the household population of Niagara Falls. The Report found there is significant potential for the introduction of ADUs among the City’s existing Page 1 of 21 Page 640 of 990 housing stock. Additionally, ADUs could help contribute to the City’s Housing Pledge to build 8,000 new units by 2031. The City of Niagara Falls Housing Strategy, 2022, has several action items to help meet the various housing needs of current and future residents of Niagara Falls. Action #5 recommended providing opportunities for the creation and ongoing monitoring of Additional Dwelling Units to provide efficient opportunities for affordable housing options within existing dwellings, within already developed areas, and areas where new developments will take place. ADUs provide the following benefits: Offering a more affordable housing option for renters which can help address housing affordability issues; Addressing the ‘missing middle’ of housing by providing housing diversity to meet the needs of a variety of family sizes and supply of market and affordable rental housing; Enabling gentle intensification of existing neighbourhoods without significantly affecting the character of the neighbourhood; Allowing seniors to remain in their houses and neighbourhoods as they age and their need for space diminishes; Opportunities for homeowners to earn rental income to pay off mortgages; Allowing extended families and live-in caregivers to live together while living independently; and, Promoting sustainable urban growth by using existing infrastructure and land more efficiently. ADUs are subject to: The Zoning By-law which regulates lot coverage, setbacks, height, and other elements of ADUs; Ontario Building Code and Fire Code; The Official Plan prohibits the severance of ADUs from the main dwelling; ADUs must not alter the overall appearance and character of the existing dwelling; and, ADUs in accessory buildings must have access to sanitary, water, and electrical services. ADUs are not permitted to be used as Vacation Rental Units (VRUs) in residential areas. However, ADUs could become a legal VRU in the designated tourist zones including the Tourist Commercial (TC), General Commercial (GC), or Central Business (CB) zones, if they meet all of the City’s VRU policies, required zoning provisions, and provide two parking spaces per VRU. In 2018, City Council implemented policies and provisions to permit ADUs within residential areas up to a maximum of one ADU per lot. The City has received 17 minor Page 2 of 21 Page 641 of 990 variance applications since 2019 to facilitate the construction of ADUs (attached as Appendix C). 14 of these applications were to receive relief from the maximum floor area of 40% provision with the average requesting a 20% increase from the provision. Circulation Comments Information regarding the proposed Official Plan and Zoning By-law amendments was circulated to City divisions, the Region, and agencies for comment. No comments have been received to date. Public Comments Staff held a Public Open House on Wednesday August 23rd, 2023, which was attended by one individual and the following questions were asked: Comments/Concerns/Questions City Response What is the process of building an ADU if this is approved? An ADU Guide will be provided outlining the process, in short, a building permit will be required. What documents would be required to obtain a building permit for an ADU? The required drawings for a building permit for ADUs may include site plan, floor plan, elevations, sections and details, mechanical drawings. What are the building permit fees associated with building an ADU? the building permit fees are based on the Building By-law that have fees based on the size and any extras in the proposal, i.e., a deck. What are the Development Charges for ADUs? There are no Development Charges for ADUs Would architect stamped drawings be required? Stamped Drawings are required but they can be stamped by a designer, architect, architect technician, engineer – they need a Building Code Identification Number. Would you be able to connect to existing municipal infrastructure? ADUs need to connect to the existing municipal infrastructure in the urban area and private services in the rural area. For private servicing, ADUs would be able to connect to the existing septic system I it was constructed with the capacity to accommodate the additional flows, if not, a new septic system would need to be constructed. Would a grading plan be needed for the whole lot or just a certain area around the A grading plan would be required for the whole lot if the ADU is in an accessory Page 3 of 21 Page 642 of 990 structure?building. Do you need Tarion Insurance to rent?It is the responsibility of the owner to register with Tarion and an additional dwelling unit would be covered under the warranty for the existing dwelling. In addition, a notice of public meeting was posted in the Niagara Falls Review on September 23, 2023. Through email inquires Staff were asked about including duplexes as a housing type to permit ADUs. While not required to permit ADUs in duplexes under the Planning Act, Planning staff have proposed to allow a similar number of ADUs on a property containing a duplex. Analysis 1.Planning Act Bill 108, More Homes, More Choice Act, 2019 In 2019, Section 16(3) of the Planning Act was repealed and replaced to require that two residential dwelling units be permitted within a primary dwelling, in addition to a residential unit in a building/structure accessory to the primary dwelling. Further, O. Reg 299/19 clarified that: A tandem parking space may meet the parking requirements for an ADU. The residents of the ADU do not need to be the owner or a relative of the owner. Bill 23, More Homes Built Faster Act, 2022 Bill 23 was introduced in October 2022 and received Royal Assent in November 2022. Section 16(3) of the Planning Act was amended to state that Official Plans cannot prohibit a total of three residential dwelling units on a parcel of urban residential land containing a detached, semi-detached, or an on-street townhouse dwelling – either three in the existing dwelling, or two in the existing dwelling and one in an accessory building to the existing dwelling. The Act defines a parcel of urban residential land as: Within a settlement area (Urban Area Boundary) where residential use is a permitted primary use; and, Serviced by municipal water and wastewater services. In addition, Bill 23 made other changes affecting ADUs including: No appeal for Official Plan policies adopted to authorize the use of Additional Dwelling Units on any parcel of land (Section 17(24.1)). Page 4 of 21 Page 643 of 990 No appeal for Zoning By-law provisions adopted to authorize the use of Additional Dwelling Units on any parcel of land (Section 34(19.1)). Municipalities cannot require more than one parking space to be provided per ADU (Section 16(3.1)). Municipalities cannot require a minimum floor area of an ADU (Section 16(3.2)). Bill 23 also amended the Development Charges Act to exempt the creation of ADUs from development charges. The City’s proposed amendments are consistent and conform with the above noted changes to the Planning Act. 2. Provincial Policy Statement The Provincial Policy Statement, 2020 identifies ADUs as a means of sustaining healthy, liveable communities by providing a mix of residential types. The policy also states that an appropriate range and mix of housing options be provided by permitting and facilitating residential intensification. ADUs are included in the definitions for ‘housing options’ and ‘residential intensification’. 3. Regional Official Plan The Regional Official Plan encourages the use of ADUs as a tool to support the development of affordable and attainable housing and permits up to two ADUs ‘within new or existing residential development subject to the local context’. Additionally, the Region’s Official Plan encourages site standards that would facilitate the development of ADUs. The proposed amendments conform with the policies in the Regional Official Plan. 4. City's Official Plan The City’s Official Plan contains existing policies that permit three dwelling units on a lot containing a detached, semi-detached, or townhouse dwelling. Additional existing policies include: ensuring the lot size and configuration are sufficient to accommodate parking, green space, servicing requirements and amenity areas for all dwelling units; the overall appearance and character of the existing dwelling be maintained; and, ADUs shall not be severed from the existing dwelling. The Official Plan Amendment No. 162 (attached as Appendix A) proposes to: Update existing policies to include duplex dwellings; Amend existing policies to ensure consistent terminology; Introduce policies to permit one ADU within rural areas; and, Introduce policies to ensure consistency throughout the entire Official Plan related to existing ADU policies. Page 5 of 21 Page 644 of 990 5. Zoning By-law 79-200 The City’s existing zoning provisions for ADUs only permit one ‘second unit’ per lot, require the primary dwelling unit be occupied by the owner, and require that the second unit not exceed 40% of the floor area of the primary dwelling unit. These provisions are not in conformity with the Planning Act. The Zoning By-law amendment (attached as Appendix B) proposes to delete the existing policies as they no longer apply and introduce the following provisions: a. Add definitions for ‘parcel of urban residential land’ and ‘parcel of rural land’. A ‘parcel of urban residential land’ means a parcel of land within the urban area boundary where residential use is permitted and has municipal servicing. A ‘parcel of rural land’ means a parcel of land outside the urban area boundary where residential use is permitted and has private servicing. Adding these definitions provides criteria for which parcels are permitted to have ADUs and creates a distinction between the different urban and rural ADU provisions and outlines the difference in private and municipal servicing required for ADUs respectively. b. Permit a maximum of three dwelling units on a parcel of urban residential land containing a detached dwelling, semi-detached dwelling unit, duplex dwelling unit, or an on-street townhouse dwelling unit: i. Two additional dwelling units within the existing dwelling unit; or ii. One additional dwelling unit within the existing dwelling unit and one additional dwelling unit in an accessory building to the existing dwelling unit. The proposed provision permits ADUs as they are permitted as-of-right in the Planning Act and additionally permits ADUs within duplexes as duplex owners have inquired to rezone their properties to permit ADUs. c. Permit a maximum of two dwelling units on a parcel of rural land containing a detached dwelling unit: i. One additional dwelling unit within the detached dwelling; or ii. One additional dwelling unit within an accessory building to the detached dwelling unit. The proposed provision would permit one ADU in rural areas. While not required by the Planning Act, Staff have experienced expression of interest from rural property owners wishing to have an ADU. Permitting one ADU in rural areas will diversify the housing stock in rural areas without significantly impacting agricultural use of the lands provided the proposed regulation of a separation of no more than 15 metres from the existing dwelling unit is adopted. Page 6 of 21 Page 645 of 990 d. Require one parking space per ADU which may be provided in tandem. The existing parking provision for ADUs was one parking space per unit, the amendment adds that this may be provided in tandem which is required by the Planning Act amended by O.Reg 299/19. e. Require accessory buildings containing an ADU to have: i. Rear and interior side yard setbacks of 1.2 metres ii. Maximum lot coverage of 93 square meters iii. Maximum height of 7 metres The amendments for ADUs in accessory buildings keep many of the existing provisions including setbacks and maximum height. However, the percentage of lot coverage was removed to only include the maximum lot coverage required for by the property’s zone as a measurement because it will offer greater flexibility and the overall size of an ADU in an accessory building will still be regulated by the property’s overall maximum lot coverage which ensures lot drainage is maintained and open space areas are provided. These provisions ensure that the existing neighbourhood character is maintained. f. Require ADUs within rural areas to: i. Not be located within a building used for any agriculture use. ii. Meet Minimum Distance Separation (MDS) requirements. iii. Be located no more than 15 metres from the existing dwelling if the ADU is within an accessory building. The amendment introduces these policies for rural ADUs in accessory buildings to maintain the integrity of the agricultural uses of the lot. Requiring compliance with MDS ensures adequate setback distances between agricultural operations and surrounding land uses to minimize land use conflicts. Requiring that an ADU is not located within a building used for any agricultural use ensures health & safety for the inhabitant of the ADU. Requiring the accessory building containing an ADU to meet MDS requirements and not be located more than 15 metres from the existing dwelling provides adequate space for septic setbacks, ensures that a maximum amount of the lot is available for agricultural use, prevents any future severance requests of the ADUs, and reduces the fragmentation of farmable lands. The Official Plan prohibits the severance of ADUs from the main dwelling and Staff will not be able to support severance applications due to the City's Official Plan policies and Provincial policy. If Council approves this report, Staff will return with the Official Plan Amendment and Zoning By-law Amendment for adoption and passage at a future Council meeting. Page 7 of 21 Page 646 of 990 Financial Implications/Budget Impact There are no direct financial implications arising from this report. Strategic/Departmental Alignment Additional Dwelling Units contribute to the Diverse & Affordable Housing Priority of the City by providing opportunities to increase the housing stock and providing more affordable housing options. List of Attachments APPENDIX A -DRAFT ADU OPA APPENDIX B - DRAFT ADU Zoning By-law APPENDIX C - ADU Minor Variance Requests Written by: Danielle Foley, Planning Student Submitted by:Status: Andrew Bryce, Director of Planning Approved - 18 Oct 2023 Kira Dolch, General Manager, Planning, Building & Development Approved - 18 Oct 2023 Erik Nickel, General Manager of Municipal Works Approved - 18 Oct 2023 Page 8 of 21 Page 647 of 990 OFFICIAL PLAN AMENDNMENT NO. 162 PART 1 – PREAMBLE (i) Purpose of the Amendment The purpose of the amendment is to update existing policies and introduce new policies within the City of Niagara Falls Official Plan to reflect the More Homes Built Faster Act, 2022 which amended parts of the Planning Act to permit Additional Dwelling Units (ADU) ‘as of right’ on certain residential lots within the Urban Area Boundary of the City and implement Action 5 of the City of Niagara Falls Housing Strategy. (ii) Location of the Amendment The amendment applies to all lands within the City of Niagara Falls. (iii) Details of the Amendment Text Change • The amendment introduces the following policy changes: o Updating existing policies to include duplexes as a housing typology permitted to have ADUs; o Amend terminology to ‘Additional Dwelling Unit’ from ‘Accessory Dwelling Unit’ to ensure consistency; o Introduce policies to permit one ADU in the Good General Agriculture designation; and o Introduce policies to ensure consistency of ADU policies throughout the entirety of the Official Plan. (iv) Basis of the Amendment The More Homes Build Faster Act, 2022 has made amendments to the Planning Act which does not permit Municipalities to pass Official Plan policies or Zoning By-law provisions to restrict three residential units on a parcel of urban residential land containing a detached dwelling, unit in a semi- detached dwelling or an on-street townhouse dwelling unit, one of which may be in an associated accessory building. The provisions would permit ADUs in the following way: a) Up to two ADUs in the existing dwelling, provided there are no ADUs within an accessory building; or Page 9 of 21 Page 648 of 990 b) One ADU within the existing dwelling and one ADU within an accessory building. The Planning Act does not allow minimum size requirements for the ADUs and limits parking requirements to one additional parking space per ADU. The amendments also permit municipalities to introduce provisions to permit additional dwelling units in rural areas. The Planning Act does not permit appeals to the implementing Official Plan Amendment or Zoning By-law Amendment, with the exception of the Minister. Councils are also not permitted to pass Official Plan or Zoning By-law amendments to restrict ADUs on urban residential land. In 2018, City Council implemented policies and provisions to permit Accessory Dwelling Units within residential areas up to a maximum of one ADU per lot. The City of Niagara Falls Housing Strategy, 2022 has several action items to help meet the various housing needs of current and future residents of Niagara Falls. Action #5 recommended providing opportunities for the creation and ongoing monitoring of Additional Dwelling Units (Second Units) to provide efficient opportunities for affordable housing options within existing dwellings and within already developed areas and areas where new developments will take place. ADUs increase the supply of market and affordable rental housing by providing more diverse housing options and are a way to provide the ‘missing middle’ of housing. The Housing Needs and Supply Report found there is significant potential for the introduction of ADUs among the City’s existing housing stock. Based on the current practices with Accessory Units and general planning guidelines, the Planning Department makes the following recommendations on implementing Additional Dwelling Units within the City of Niagara Falls, including: a) ADUs will be permitted in both the Urban Area Boundary and within Rural areas: i. A maximum of two additional dwelling units per lot on a parcel of urban residential land for a total of three units. ii. A maximum of one additional dwelling unit per lot on a parcel of rural residential land for a total of two units. b) 1 additional parking space will be required for each ADU; and c) Satisfying all applicable requirements of Zoning By-law, Building Code, Fire Code and Property Standards By-law Page 10 of 21 Page 649 of 990 PART 2 – BODY OF THE AMENDMENT All of this part of the document entitled PART 2 – Body of the Amendment, consisting of the following text, constitute amendment No. 162 to the Official Plan of the City of Niagara Falls DETAILS OF THE AMENDMENT The Official Plan of the City of Niagara Falls is hereby amended as follows: 1. TEXT CHANGES a) PART 1, SECTION 4 – HOUSING, Policy 4.3.5 is amended by: Replacing the word “Accessory” with “Additional” and by adding the word “duplex,” before the words “and townhouse dwellings”. b) PART 1, SECTION 4 – HOUSING, Policy 4.12 is deleted in its entirety ad replaced with the following: “4.12 The City supports the provision of additional dwelling units. Accordingly, additional dwelling units shall be permitted by the Zoning By-law in single detached, semi-detached, duplex, or townhouse dwellings. For clarity, where in conflict with any other policies in this plan, these policies prevail. Zoning regulations shall be based on the following: 4.12.1 An additional dwelling unit in the principal building and an additional dwelling unit in an accessory building, for a maximum of three residential dwellings units on one property, shall be permitted. 4.12.2 Within the Good General Agriculture designation, an additional dwelling unit in a detached dwelling or an additional dwelling unit in an accessory building, for a maximum of two residential dwelling units on one property, shall be permitted. 4.12.3 The lot size and configuration are sufficient to accommodate adequate parking, green spaces, private servicing requirements and amenity areas for both the principal dwelling and the additional dwelling unit(s). 4.12.4 The additional dwelling unit(s) meets all applicable law. Page 11 of 21 Page 650 of 990 4.12.5 The overall appearance and character of the existing dwelling shall be maintained. 4.12.6 Accessory structures that have an additional dwelling unit shall not be severed from the existing dwelling. Within this Plan additional dwelling units may be referenced as second units or accessory dwelling units.” Page 12 of 21 Page 651 of 990 CITY OF NIAGARA FALLS By‐Law No. 2023 ‐ _____ A By‐law to amend By‐law No. 79‐200, as amended, to include Additional Dwelling Unit policies within the City of Niagara Falls. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. SECTION 2 – DEFINITIONS is amended as follows: (a) by removing the definition for “SECOND UNIT” (b) by updating the definition for “ACCESSORY BUILDING” to remove “is not used for human habitation and” and to add to the end of the definition: “which is not used for human habitation except where permitted as an additional dwelling unit” after the words “main building”. (c) by adding the following definitions alphabetically: “ADDITIONAL DWELLING UNIT” means a dwelling unit contained within a detached dwelling, unit in a semi-detached dwelling, duplex dwelling unit, or an on-street townhouse dwelling unit or within an accessory building accessory to a detached dwelling, unit in a semi- detached dwelling, duplex dwelling unit, or an on-street townhouse dwelling unit located on the same property. “PARCEL OF RURAL LAND” means a parcel of land that is outside the urban area boundary on which residential use, other than ancillary residential use, is permitted and which is served by private sewer and water services. “PARCEL OF URBAN RESIDENTIAL LAND” means a parcel of land that is within the urban area boundary on which residential use, other than ancillary residential use, is permitted and which is served by municipal sewer and water services as defined in the Planning Act, R.S.O 1990, C.P.13 2. SECTION 4 – GENERAL PROVISIONS is amended by adding the following to Table 1 under 4.19.1 Page 13 of 21 Page 652 of 990 Additional Dwelling Unit 1 parking space for each additional dwelling unit, which may be provided in tandem 3. SECTION 4 – GENERAL PROVISIONS is amended by changing the following in Table 1 under 4.19.1: Dwelling containing 4 or more dwelling units save and except an on street townhouse dwelling 1.4 parking space for each dwelling unit 4. SECTION 4 – GENERAL PROVISIONS is amended by adding the following: “4.45 ADDITIONAL DWELLING UNITS: 4.45.1 PARCEL OF URBAN RESIDENTIAL LAND: additional dwelling units may be permitted in a detached dwelling, semi-detached dwelling unit, duplex dwelling unit, or an on-street townhouse dwelling unit where the dwelling type is permitted on lands zoned R1A, R1B, R1C, R1D, R1E, R1F, R2, R3, DC, DTC, TRM. The following additional provisions shall apply: a) two additional dwelling units may be permitted on a parcel of urban residential land subject to the regulations of 4.45.3 and 4.45.4. This may be either: i. two additional dwelling units within a detached dwelling, semi-detached dwelling unit, or an on-street townhouse dwelling unit; or ii. one additional dwelling unit in a detached dwelling, semi-detached dwelling unit, or an on-street townhouse dwelling unit and one additional dwelling unit in an accessory building to a detached dwelling, semi-detached dwelling unit, or an on-street townhouse dwelling unit. iii. one additional dwelling unit in a duplex dwelling unit or one additional dwelling unit in an accessory building to a duplex dwelling unit. For clarity, this provision permits a maximum of three dwelling units in total on a lot shown in the Table below: Dwelling Type Dwelling Units – Maximum Existing Dwelling Unit Accessory Building Total Page 14 of 21 Page 653 of 990 Detached Dwelling 3 0 3 Semi-Detached Dwelling Unit 3 0 3 Duplex Dwelling Unit 3 0 3 On-Street Townhouse Dwelling Unit 3 0 3 Dwelling Type Dwelling Units – Maximum Existing Dwelling Unit Accessory Building Total Detached Dwelling 2 1 3 Semi-Detached Dwelling Unit 2 1 3 Duplex Dwelling Unit 2 1 3 On-Street Townhouse Dwelling Unit 2 1 3 4.45.2 PARCEL OF RURAL LAND: an additional dwelling unit may be permitted a detached dwelling where the following dwelling type is permitted on lands zoned A or R and the following additional provisions shall apply: a) one additional dwelling unit shall be permitted on a parcel of rural land subject to the provisions of 4.45.3, 4.45.4 and 4.45.5. This may be either: i. one additional dwelling unit within a detached dwelling, or ii. one additional dwelling unit in an accessory building to a detached dwelling. For clarity, this provision permits a maximum of two dwelling units in total on a lot shown in the Table below: Dwelling Type Dwelling Units – Maximum Existing Dwelling Unit Accessory Building Total Detached Dwelling 2 0 2 Dwelling Type Dwelling Units – Maximum Page 15 of 21 Page 654 of 990 Existing Dwelling Unit Accessory Building Total Detached Dwelling 1 1 2 4.45.3 PARKING: Parking and access requirements in accordance with section 4.19.1. 4.45.4 ADDITIONAL DWELLING UNITS IN ACCESSORY BUILDINGS: Additional dwelling units in an accessory building are subject to the following provisions: (a) The accessory building containing an additional dwelling may be permitted in a rear yard or interior side yard provided the unit shall be a minimum of 1.2 metres from the rear lot line and interior side lot lines, save and except for unsupported canopies, eaves or gutters which may project a distance of not more than 0.45 metres into the required yard; (b) No roofed-over one storey porch or deck shall be closer than 1.2 metres from the rear lot line; (c) The total lot coverage of all accessory buildings and accessory structures on a lot shall not exceed 93 square metres and in no case shall the total lot coverage of all buildings and structures exceed the maximum lot coverage regulation of the specific zone; (d) An accessory building containing an additional dwelling unit shall not exceed 7 metres in height, but in no event shall any part of the walls or supporting posts, excluding any gable or dormer, exceed 5.5 metres in height; and (e) The balance of regulations applicable to the zone the additional dwelling unit is located. 4.45.5: PARCEL OF RURAL LAND ADDITIONAL DWELLING UNIT PROVISIONS: the following provisions apply to rural additional dwelling units: a) An additional dwelling unit shall not be permitted within a building or structure used for any agricultural use; b) An additional dwelling unit must be in accordance with Section 4.32; c) An additional dwelling unit in an accessory building in the A or R zone shall be located no more than 15 metres from the detached dwelling; and, d) All other regulations of 4.45.4 apply.” Page 16 of 21 Page 655 of 990 5. SECTION 5 - GENERAL PROVISIONS FOR RESIDENTIAL ZONES is amended by deleting Sections 5.12 and 5.13 in their entirety. 6. Section 7.1.1 PERMITTED USES is amended by adding the following clause: “(f) Additional dwelling unit(s) subject to the provisions of Section 4.45” 7. Section 7.2.1 PERMITTED USES is amended by adding the following clause: “(f) Additional dwelling unit(s) subject to the provisions of Section 4.45 ” 8. Section 7.3.1 PERMITTED USES is amended by adding the following clause: “(f) Additional dwelling unit(s) subject to the provisions of Section 4.45 ” 9. Section 7.4.1 PERMITTED USES is amended by adding the following clause: “(f) Additional dwelling unit(s) subject to the provisions of Section 4.45 ” 10. Section 7.5.1 PERMITTED USES is amended by adding the following clause: “(f) Additional dwelling unit(s) subject to the provisions of Section 4.45 ” 11. Section 7.5A.1 PERMITTED USES is amended by adding the following clause: “(f) Additional dwelling unit(s) subject to the provisions of Section 4.45” 12. Section 7.7.1 PERMITTED USES is amended by adding the following clause: “(h) Additional dwelling unit(s) subject to the provisions of Section 4.45 ” 13. Section 7.8.1 PERMITTED USES is amended by adding the following clause: “(j) Additional dwelling unit(s) subject to the provisions of Section 4.45” 14. Section 7.16.1 PERMITTED USES is amended by adding the following clause: “(h) Additional dwelling unit(s) subject to the provisions of Section 4.45 ” 15. Section 8.3.1 PERMITTED USES is amended by adding the following clause: “(g) Additional dwelling unit(s) subject to the provisions of Section 4.45 ” Page 17 of 21 Page 656 of 990 16. Section 8.8.1 PERMITTED USES is amended by adding the following clause: “(f) Additional dwelling unit(s) subject to the provisions of Section 4.45 ” 17. Section 12.1 PERMITTED USES is amended by adding the following clause: “(f) An additional dwelling unit subject to the provisions of Section 4.45” 18. Section 13.1 PERMITTED USES is amended by adding the following clause: “(f) An additional dwelling unit subject to the provisions of Section 4.45” 19. Section 15.1 PERMITTED USES is amended by adding the following clause: “(l) An additional dwelling unit subject to the provisions of Section 4.45” Read a First, Second and Third time; passed, signed and sealed in open Council this XXth day of October, 2023. ....................................................... ....................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 18 of 21 Page 657 of 990 Appendix C – ADU Minor Variance Applications Additional Dwelling Units in Residential Areas - Minor Variances File Number Address Zoning Permitted Requested Extent A-2019-007 5793 Glenholme Ave R2 Floor area of the second unit does not exceed 40% 57%17% A-2019-012 4435-4449 Fourth Ave R2 Floor area of the second unit does not exceed 40% 50%10% A-2019-036 5737 Highland Ave R2 Floor area of the second unit does not exceed 40% 68%28% A-2019-042 4203 Carroll Ave GC in part, DC Floor area of the second unit does not exceed 40% 77%37% A-2020-011 6871 Riall St R1C The applicant is proposing to construct an attached garage with a second dwelling unit above onto the west side of the existing detached dwelling. 79-200 requires a minimum interior side yard width of 1.2 m. 1.2 metres 0.2 metres A-2021-031 7402 Heximer Ave R1C The applicant is proposing to construct a 109 square m 2-storey detached garage which will include a 53 square m second dwelling unit on the second storey. Floor area of the second unit does not exceed 40% 60%20%Page 19 of 21Page 658 of 990 A-2021-032 7738 Redbud Lane Residential Mixed Used 2017-044 (Site Specific) The applicant is proposing to construct a second dwelling unit in the basement of the existing dwelling. Second dwelling units are permitted provided that an additional parking space (not in tandem) is provided for the occupant of the second unit. Stall length - 6 m Driveway area - 60% Stall Length - 5.64 m Driveway area - 70% Stall Length - 0.36 m Driveway area - 10% A-2021-033 7699 Buckeye Dr R1F - 2015-042 Floor area of the second unit does not exceed 40% 45%5% A-2021-041 3707 Orlando Dr R2 The applicant is proposing to construct a 91.87 square metres accessory building which will include a 39.52 square metre second dwelling unit on the second storey. The height cannot exceed 7 metres, but in no event shall any part of the walls or supporting posts exceed 5.55m. Accessory building lot area shall not exceed 15% or 93 square metres. Height - 6.13 metre (one supporting post) Lot coverage 18.77% Height - 0.63m Lot coverage - 3.77% A-2021-053 5336 McRae St R2 Floor area of the second unit does not exceed 40% 55%15% A-2021-066 6733 Corwin Cr R1C Floor area of the second unit does not exceed 40% 70.51%30.51% A-2022-023 8327 Parkway Drive R1C Floor area of the second unit does not exceed 40% 62.30%22.30%Page 20 of 21Page 659 of 990 A-2023-008 4120 Wellington St R1C Floor area of the second unit does not exceed 40% 48.80%8.80% A-2023-011 6486 Laguna Ct R2 Floor area of the second unit does not exceed 40% 76%36% A-2023-016 3028 Dorchester Rd R1C Floor area of the second unit does not exceed 40% 53.80%13.80% A-2023-029 6911 Waters Ave Floor area of the second unit does not exceed 40% 88.80%48.80% A-2023-030 2450 Woodfield Ave Denied Floor area of the second unit does not exceed 40% Adu #1 - 80% (basement) Adu#2 - 45.4% (garage) ADU #1 - 40% ADU #2 - 5.4%Page 21 of 21Page 660 of 990 New Additional Dwelling Unit (ADU) Policies City of Niagara Falls Draft Official Plan Amendment No. 162 & Zoning By-law Amendment AM-2023-016 Page 661 of 990 A GREAT CITY…FOR GENERATIONS TO COME Background •Recent changes to the Planning Act, specifically Bill 23 (More Homes Built Faster Act, 2022), permit up to two additional dwelling units (ADUs) on a single parcel of urban residential land ‘as of right’ for a total of three dwelling units •Municipalities are not permitted to pass Official Plan policies or Zoning By-law provisions to restrict ADUs •Regardless of Council’s decision on this OPA & ZBA, property owners are permitted to create up to three units on parcels of land in the urban area which have residential as a permitted use under the Planning Act Page 662 of 990 A GREAT CITY…FOR GENERATIONS TO COME Proposed Changes -Summary of Official Plan Amendment No. 162 o Updating existing policies to include duplexes as a housing typology permitted to have ADUs; o Amend terminology to ‘Additional Dwelling Unit’ from ‘Accessory Dwelling Unit’ to ensure consistency; o Introduce policies to permit one ADU in the Good General Agriculture designation; and o Introduce policies to ensure consistency of ADU policies throughout the entirety of the Official Plan. Page 663 of 990 A GREAT CITY…FOR GENERATIONS TO COME Proposed Changes -PART 1 -SECTION 4, HOUSING 4.12 The City supports the provision of accessory additional dwelling units. Accordingly, accessory additional dwelling units shall be permitted by the Zoning By-law in single detached, semi-detached, duplex, or townhouse dwellings. For clarity, where in conflict with any other policies in this plan, these policies prevail. Zoning regulations shall be based on the following: 4.12.1 An additional dwelling unit in the principal building and an additional dwelling unit in an ancillary accessory building, for a maximum of three residential dwelling units on one property, shall be permitted. 4.12.2 Within the Good General Agriculture designation, an additional dwelling unit in a detached dwelling or an additional dwelling unit in an accessory building, for a maximum of two residential dwelling units on one property, shall be permitted. 4.12.3 The lot size and configuration are sufficient to accommodate adequate parking, green spaces, private servicing requirements and amenity areas for both the principal dwelling and the accessory dwelling unit(s). 4.12.4 The accessory additional dwelling unit(s) meets all applicable law. 4.12.5 The overall appearance and character of the existing dwelling shall be maintained. 4.12.6 Accessory structures that have an accessory additional dwelling unit shall not be severed from the principal dwelling. For clarity, where referenced in this plan as second units or accessory dwelling units means additional dwelling units.Page 664 of 990 A GREAT CITY…FOR GENERATIONS TO COME Proposed Changes -Summary of Zoning By-law Amendment •Add definitions for ‘parcel of urban residential land’ and ‘parcel of rural land’ A ‘parcel of urban residential land’ means a parcel of land within the urban area boundary where residential use is permitted and has municipal servicing. A ‘parcel of rural land’ means a parcel of land outside the urban area boundary where residential use is permitted and has private servicing.Page 665 of 990 A GREAT CITY…FOR GENERATIONS TO COME Proposed Changes -Summary of Zoning By-law Amendment •Permit a maximum of three dwelling units on a parcel of urban residential land containing a detached dwelling, semi-detached dwelling unit, duplex dwelling unit, or an on-street townhouse dwelling unit: i.Two additional dwelling units within the existing dwelling unit; or ii.One additional dwelling unit within the existing dwelling unit and one additional dwelling unit in an accessory building to the existing dwelling unit.Page 666 of 990 A GREAT CITY…FOR GENERATIONS TO COME Proposed Changes -Dwelling Type Dwelling Units –Maximum Existing Dwelling Unit Accessory Building Total Detached Dwelling Unit 3 0 3 Semi-Detached Dwelling Unit 3 0 3 Duplex Dwelling Unit 3 0 3 On-Street Townhouse Dwelling Unit 3 0 3 Dwelling Type Dwelling Units –Maximum Existing Dwelling Unit Accessory Building Total Detached Dwelling 2 1 3 Semi-Detached Dwelling Unit 2 1 3 Duplex Dwelling Unit 2 1 3 On-Street Townhouse Dwelling Unit 2 1 3 OR Page 667 of 990 A GREAT CITY…FOR GENERATIONS TO COME Proposed Changes -Summary of Zoning By-law Amendment •Permit a maximum of two dwelling units on a parcel of rural land containing a detached dwelling unit: i.One additional dwelling unit within the detached dwelling unit; or ii.One additional dwelling unit within an accessory building to the detached dwelling unit. Page 668 of 990 A GREAT CITY…FOR GENERATIONS TO COME Proposed Changes - Dwelling Type Dwelling Units –Maximum Existing Dwelling Unit Accessory Building Total Detached Dwelling 2 0 2 Dwelling Type Dwelling Units –Maximum Existing Dwelling Unit Accessory Building Total Detached Dwelling 1 1 2 OR Page 669 of 990 A GREAT CITY…FOR GENERATIONS TO COME Proposed Changes -Summary of Zoning By-law Amendment •Require one parking space per ADU which may be provided in tandem •Require accessory buildings containing an ADU to have: i.Rear and interior side yard setbacks of 1.2 metres ii.Maximum lot coverage of 93 square meters iii.Maximum height of 7 metres •Require ADUs within rural areas to: i.Not be located within a building used for any agriculture use. ii.Meet Minimum Distance Separation (MDS) requirements. iii.Be located no more than 15 metres from the existing dwelling if the ADU is within an accessory building.Page 670 of 990 A GREAT CITY…FOR GENERATIONS TO COME Public Comments •An Open House was held on August 23rd one member of the public attended and the following questions were asked: Questions City Response What is the process of building an ADU if this is approved? An ADU Guide will be provided outlining the process, in short, a building permit will be required. What are the building permit fees associated with building an ADU? The building permit fees are based on the Building By-law that have fees based on the size and any extras in the proposal, i.e., a deck. What are the Development Charges for ADUs? There are no Development Charges for ADUs Would you be able to connect to existing municipal infrastructure? ADUs need to connect to the existing municipal infrastructure in the urban area and private services in the rural area. For private servicing, ADUs would be able to connect to the existing septic system if it was constructed with the capacity to accommodate the additional flows, if not, a new septic system would need to be constructed.Page 671 of 990 A GREAT CITY…FOR GENERATIONS TO COME Public Comments •Through written comments Staff were asked about including duplexes as a housing type to permit ADUs. •While not required to permit ADUs in duplexes under the Planning Act, Planning Staff have proposed to allow a similar number of ADUs on a property containing a duplex. Page 672 of 990 A GREAT CITY…FOR GENERATIONS TO COME Recommendation That Council approve the proposed Official Plan Amendment and Zoning By-law Amendment, as described in report PBD-2023-61.Page 673 of 990 1 The Niagara Falls Shadow Council "The Official Opposition Party of the City of Niagara Falls Council" A registered Independent Social Counseling organization "Holding Governments Accountable" Lady Justice Do not redact the contents of this document This document can be freely distributed Comments #10-24-2023-06 Tuesday October 24, 2023 Comments for the 10 24 2023 Council Meeting Agenda Item 5.3 PBD-2023-61 Official Plan Amendment No. 162 and Zoning By-law Amendment AM-2023-016, New Additional Dwelling Unit Policies Council, It is recommended that Council adopt and approve the amendments to the City’s Official Plan and Zoning By-law, as outlined in the report. Page 674 of 990 2 Joedy Burdett President of the Niagara Falls Shadow Council "The Official Opposition Party of the City of Niagara Falls Council" Former 2022 Candidate for The Niagara Falls City Council election. Ontario Independent Designer (BCIN 38837) Building Services, Plumbing-All Buildings, Small Buildings Owner Niagara Tinting 4480 Bridge Street, Niagara Falls, Ontario, L2E 2R7 (905) 353 8468 Niagara Falls Shadow Council.ca (TNFSC.ca) The Niagara Falls Shadow Council is a registered Independent Social Counseling organization (BIN 1000515774). The Niagara Falls Shadow Council and "The Official Opposition Party of the City of Niagara Falls Council" are not associated with The City of Niagara Falls. Altering or redacting this document will be viewed as a violation of Section 2(b) of The Canadian Charter of Rights. Page 675 of 990 Development Charges Study, CBC Strategy Update and Related By-laws Council Information Session CITY OF NIAGARA FALLS Tuesday, October 24, 2023Page 676 of 990 Agenda Background What are Development Charges? Available Growth-Funding Tools Recent Legislative Changes (e.g. Bill 23) What do DCs Fund in Niagara Falls? DC Policy Items Project Timelines and Next Steps 1Page 677 of 990 Background The City has retained Hemson to complete/consider: DC Background Study Existing City-wide DC Bylaw 2019-69 expires July 9, 2024 CBC Strategy Update Update the current CBC Strategy and By-law (2022-119) CBC By-law must be “reviewed” at minimum every 5-years to determine if an update to the by-law is required 2Page 678 of 990 What Are Development Charges? Fees imposed on development to finance development-related capital costs As a municipality grows, new infrastructure and facilities are required to maintain service levels (e.g. roads, water, etc.) The principle is “growth pays for growth” so that the financial burden of servicing development is not borne by existing tax/rate payers 3Page 679 of 990 New Framework for “Growth-Related” Capital Development Charges Act (DCs) Used to fund initial round of capital infrastructure Prescribed list of eligible services Certain “soft” services removed from list (e.g. parking, cemeteries, airports) No more 10% discount Planning Act: Community Benefit Charges (CBCs) Initial round of capital, can overlap with DCs In-kind contributions permitted Capped at 4% of land value Imposed only on development with 5 or more storeys & 10 or more housing units Only local municipalities can charge Planning Act: Parkland Acquisition Parkland acquisition Standard rate of 5% for residential and 2% for non-residential Alternative, higher rate may apply based on units/ha Cash In Lieu permitted 4 All tools are appealable to OLT (with conditions)Page 680 of 990 Changes to Development Charges Act New exemptions: Affordable/Attainable Housing (not yet inforce) Additional units in existing rental housing Residential intensification in existing units Non-profit housing (defined by legislation) Inclusionary Zoning (must be affordable) New discounts: Rental housing development (defined as 4+ units) based on number of bedrooms Fully calculated rates must be phased-in over 5- year period 5Page 681 of 990 General Government, 0.8%Library, 4.1% Fire Protection, 4.0% Parks & Recreation, 19.8% Public Works & Fleet, 2.3% Transit Services, 4.3% Roads & Related, 23.1%Sidewalks, 1.3% Water, 5.4% Sanitary Sewer, 18.8% Storm Water Management, 16.1% What do Residential DCs Fund in Niagara Falls? 6 Note: Development Charge Rates effective as of September 1, 2023. DC Per Unit (Urban Area) Singles & Semis $17,239 Townhouse Dwelling $10,813 Apartment Dwelling $8,194 Page 682 of 990 General Government, 1.7%Library, 0.0% Fire Protection, 8.8% Parks & Recreation, 0.0% Public Works & Fleet, 5.1% Transit Services, 9.4% Roads & Related, 50.1% Sidewalks, 2.5% Water, 15.1% Sanitary Sewer, 1.8% Storm Water Management, 5.6% What do Non-Residential DCs Fund in Niagara Falls? 7 Note: Development Charge Rates effective as of September 1, 2023. DC Per Square Metre ( Urban Area (Tourist Core) $33.68 Urban Area (Non Tourist Core) $57.26 Non-Urban Area $24.44 Note: Funding percentages are different for Outside Core Tourist Area.Page 683 of 990 Development Charges Study Process 8 Growth / Development Forecast Amount, type and location of development Growth-Related Capital Needs What will we need to build? Operating and Replacement Cost Analysis, including Asset Management Plans –for information 15-Year Historical Service Levels How much can be funded from DCs? Capital Needs Eligible to be funded from DCs Remainder funded from other sources Legislated Reductions Grants, other contributions,benefit to existing, available DC reserves, post- period benefit Costs Eligible for DC Recovery Non-Residential Sector (per m2 of GFA) Residential Sector (per unit)Page 684 of 990 Decision Points for Council Consider and approve development-related capital programs Consider area rating Consider whether to hold another public meeting (one meeting required) Consider implementation options within the context of legislation and other municipal objectives Full or partial rates Phase-ins or delayed effective dates Exemptions Approve 2024 DC By-law(s) 9Page 685 of 990 DC Policy Items Review definitions in DC By-law Review of current non-statutory exemptions: Gas station canopies Industrial land uses Cemeteries, mausoleums and columbariums Single room occupancy units that are accommodated within existing buildings and/or structures including existing motels and/or hotels Charitable institutions Parking structures Agricultural uses Municipal housing projects Affordable housing projects (receive funding from Niagara Regional Housing) Designated exemption areas Rules with respect to redevelopment Local Service Guidelines What is a direct developer responsibility? 10Page 686 of 990 Key Steps in Passing a DC By-law Task Description Release DC Background Study to the Public •60-days prior to by-law passage (including on website) Advertise for Public Meeting •20-days notice Release Proposed DC By-law •2 weeks before the Public Meeting (or sooner) Hold Statutory Public Meeting •Received submissions from the public and Council •Amend proposed charges and by-law if warranted •Determine if additional Public Meeting is required DC By-law Passage •Any changes brought forward for adoption Notice of By-Law Passage •20-days after DC by-law passage Appeal Period •40-days following DC by-law passage DC Pamphlet •60-days after passage of DC by-law 11Page 687 of 990 Proposed DC Study Timeline –Key Dates 12 Item Date Prepare Draft Development Forecast July 2023 Complete Historical Service Levels and Interview Staff July/August 2023 Prepare DC Capital Program Draft Fall 2023 / Finalize Early 2024 Council Info Session September/October 2023 (Date TBD) Preliminary DC Rate Calculation Late November 2023 Prepare Draft DC Background Study February/March 2024 Finalize DC Rates with Engineering Inputs Early March 2024 Release DC Background Study to Public Late March 2024 Notice of Public Meeting Late March 2024 Statutory Public Meeting Mid April 2024 By-law Passage Late May/Early June 2024 Notice of By-law Passage Late May/Early June 2024 Appeal Period July 2024Page 688 of 990 Questions? 13Page 689 of 990 Contacts Craig Binning –Project Director cbinning@hemson.com Jackie Hall –Project Manager jhall@hemson.com Danielle Tivoli –Day-to-Day Consultant dtivoli@hemson.com 14Page 690 of 990 OCTOBER 24, 2023 2023 - 2027 Page 691 of 990 Presentation OverviewSTRATEGIC PLAN 1.Strategic Planning Process 2.Strategic Approach 3.Guiding Principles 4.Vision & Mission 5.Strategic Pillars Objectives & Actions 6.Integration & Annual Progress Reports 2023 – 2027 Strategic Plan | 2Page 692 of 990 Strategic Planning ProcessSTRATEGIC APPROACH Senior Staff Strategy Sessions Review of Challenges and Opportunities Strategic Plan Survey Environmental Scan Councillor Election Platforms 2023-2027 Strategic Plan 2023 – 2027 Strategic Plan | 3 BUDGET Department Plans Page 693 of 990 Corporate Framework STRATEGIC APPROACH INDIVIDUAL WORK PLANS 2023 – 2027 Strategic Plan | 4Page 694 of 990 2023 – 2027 Strategic Plan | 5 Guiding principlesELECTED OFFICIALS’ The City of Niagara Falls is committed to applying the following guiding principles to shape decision-making, policy development and resource allocation: •We are customer-driven and measure service standards to ensure high-quality customer service •We are fiscally responsible and accountable and manage debt effectively •We explore innovative solutions, investigate leading- edge SMART technologies, and consider partnerships in our delivery of service •We explore alternative processes and modes of delivery to achieve new efficiencies •We use public engagement to collect diverse perspectives and to act fairly, responsibly and equitably on behalf of our residents •We strive for environmental sustainability and stewardship to safeguard future generations •We create positive and inspiring work environments to attract and retain top talent •We identify challenges and opportunities that transcend jurisdictional boundaries •We work as an integrated, collaborative team •We strive to be an agile and vibrant organization, responsive to change Page 695 of 990 6 “A great City, for generations to come.” Vision Statement Mission Statement The City of Niagara Falls is committed to being accountable for the provision of high-quality municipal services and enhancing the quality of life in our community through service excellence, teamwork, and dynamic leadership. 2023 – 2027 Strategic Plan | 6Page 696 of 990 SUSTAINABILITY (Financial, Social & Environmental) CUSTOMER SERVICE ECONOMIC DIVERSIFICATION & GROWTH Three pillars for the 2023 – 2027 planSTRATEGIC PILLARS 2023 – 2027 Strategic Plan | 7Page 697 of 990 Financial SustainabilitySTRATEGIC PILLARS Effectively managing the City’s financial resources to meet our current and future obligations without relying on external funding sources or sacrificing our ability to deliver essential services to our residents. 2023 – 2027 Strategic Plan | 8 •Ensure responsible financial management and sustainable fiscal practices •Improve financial analysis, forecasting, and strategic decision-making processes •Introduce automated systems to improve accuracy, reduce administrative costs, and promote an enhanced user experience for residents •Implement corporate-wide asset management policies and plans to ensure the sustainability of our assets and infrastructure •Optimize the use of City assets across the corporation and generate additional revenue streams OBJECTIVES Page 698 of 990 2023 – 2027 Strategic Plan | 9 Financial SustainabilitySTRATEGIC PILLARS Effectively managing the City’s financial resources to meet our current and future obligations without relying on external funding sources or sacrificing our ability to deliver essential services to our residents. •Budget control policy •Senior financial analyst model •10-year capital plan •Reviews of rates & fees •Asset management plan •Automated metering infrastructure •Modernization of parking programs •New corporate sponsorship and advertising policies •New Enterprise Resource Planning (ERP) system •New e-permitting & planning application software ACTIONS Page 699 of 990 Environmental SustainabilitySTRATEGIC PILLARS Implementing practices and policies to ensure the health and well-being of the environment for current and future generations. Environmental sustainability is vital for adapting to the impacts of climate change, preserving biodiversity, and improving the quality of life for residents in the community. •Implementation of the Climate Change Adaptation Plan recommendations through collaboration with various community partners and updates to the City’s business practice •Reduce the City’s greenhouse gas emissions while enhancing energy efficiency •Foster a healthy and resilient urban forest ecosystem that contributes to biodiversity and improved air quality •Reduce the impact of wet weather events and combined sewer overflows on water bodies and ecosystems •Ensure critical infrastructure assets' long-term sustainability and functionality through targeted repair and maintenance programs OBJECTIVES 2023 – 2027 Strategic Plan | 10Page 700 of 990 •Climate Change Adaptation Plan •Stormwater management and drainage programs •Infrastructure State of Good Repair program •Infrastructure Servicing Master Plan •Wet Weather and Combined Sewer Overflow Strategy •Strategic Urban Forest Management Plan •Review of active transportation opportunities •Energy Management and Greenhouse Gas Reduction Plan •Create new Woodland Restoration & Preservation Policies Environmental SustainabilitySTRATEGIC PILLARS Implementing practices and policies to ensure the health and well-being of the environment for current and future generations. Environmental sustainability is vital for adapting to the impacts of climate change, preserving biodiversity, and improving the quality of life for residents in the community. ACTIONS 2023 – 2027 Strategic Plan | 11Page 701 of 990 The City of Niagara Falls works in partnership with the Niagara Region to ensure residents have access to basic needs such as affordable housing, health and mental health care, education, and social services, ensuring that Niagara Falls is a livable, inclusive and supportive community for all. Social SustainabilitySTRATEGIC PILLARS •Support the development of healthcare services and facilities in the city •Enhance community services and facilities •Build partnerships to increase quality, affordable housing options •Promote sustainable growth •Address the issue of abandoned and neglected properties •Evaluate and update existing incentive programs to align with current community needs and objectives •Support the City’s State of Emergency on mental health, homelessness, and addiction OBJECTIVES 2023 – 2027 Strategic Plan | 12Page 702 of 990 The City of Niagara Falls works in partnership with the Niagara Region to ensure residents have access to basic needs such as affordable housing, health and mental health care, education, and social services, ensuring that Niagara Falls is a livable, inclusive and supportive community for all. Social SustainabilitySTRATEGIC PILLARS ACTIONS •Support the development of the South Niagara Hospital •Park Street affordable housing development •Ensure that a hospice is built in Niagara Falls •Affordable rental housing CIP •Housing incentive program review •Vacant building by-law •Diversity and inclusion plan •Youth programming •Homelessness response •Accessory Dwelling Unit Program •Implement the short-term Recreation, Culture & Parks Plan Ten Year Plan initiatives •Opening of The Exchange, Niagara Falls’ new arts & culture hub 2023 – 2027 Strategic Plan | 13Page 703 of 990 •Embrace innovative technology and processes to efficiently meet customer needs, fostering greater engagement with the City •Ensure the City is inclusive and accessible for customers across all services. Establish policies and practices that enable respectful, fair, and equitable treatment •Build and maintain customer trust through addressing customer requests and responsive communication •Foster a culture of collaboration within internal departments for a consistent customer service experience •Engage with customers to understand their needs, expectations, and preferences We will deliver a welcoming and consistent customer service experience centred around the people we serve. Customer ServiceSTRATEGIC PILLARS 2023 – 2027 Strategic Plan | 14 OBJECTIVES Page 704 of 990 We will deliver a welcoming and consistent customer service experience centred around the people we serve. Customer ServiceSTRATEGIC PILLARS ACTIONS •Customer Service plan and implementation •Establish a knowledge base portal •Implement a Customer Relationship Management (CRM) system •Online chat function for residents •Website and intranet updates •Customer service renovations at MacBain Community Centre •Next Generation 9-1-1 implementation •New electronic building permitting software •New electronic bidding software •Upgrade “back-of-house” programs and systems to allow for seamless integration of customer interactions and workflow •Establish a three-year people plan to become an Employer of Choice and implement strategies and initiatives to attract, develop, and retain top talent 2023 – 2027 Strategic Plan | 15Page 705 of 990 OBJECTIVES •Diversify the economy by strengthening priority sectors with business park and cluster development •Diversify tourism with new attractions, SMART tourism and other strategies •Retain and grow existing businesses by continuing to establish the Business Development Department (BDD) as an extension of businesses •Help small businesses by expanding and raising awareness of BDD digital tools, activities and programs •Strengthen the ecosystem by developing key assets as anchor institutions and facilitating partnerships and connections between organizations •Encourage development to support key sectors including new businesses, industrial parks and innovation spaces •Focus on business park development •Improve mobility, accessibility and sustainability of transportation networks in Niagara Falls Economic Diversification & GrowthSTRATEGIC PILLARS Fostering a balanced and sustainable local economy achieved by expanding and diversifying the types of industries and businesses operating within the community. This involves attracting new businesses, supporting existing initiatives, and spurring innovation and entrepreneurship. 2023 – 2027 Strategic Plan | 16Page 706 of 990 •Music City strategy implementation •University of Niagara Falls support •Niagara Falls Innovation Hub support •Economic Development Strategy Implementation •Niagara District Airport redevelopment •Acquire lands for the new business park land development •New tourism product development •Employment Land Study •New official plan •New city-wide comprehensive zoning by-law •Weekday GO Train service to Niagara Falls Economic Diversification & GrowthSTRATEGIC PILLARS Fostering a balanced and sustainable local economy achieved by expanding and diversifying the types of industries and businesses operating within the community. This involves attracting new businesses, supporting existing initiatives, and spurring innovation and entrepreneurship. ACTIONS 2023 – 2027 Strategic Plan | 17Page 707 of 990 Integration & Annual Progress Reports STRATEGIC PLAN As the City of Niagara Falls continues on its service excellence journey, measuring the progress being made on this Strategic Plan is a priority: •Annual progress reports will be provided to Members of Council and the community each year from 2024 – 2027. The annual reports will include milestones and achievements •The City website will feature a dashboard to provide updates on the Strategic Plan actions •The Strategic Plan will continue to be integrated within the budget process, departmental plans, and staff SMART goals and work plans 2023 – 2027 Strategic Plan | 18Page 708 of 990 RecommendationSTRATEGIC PLAN It is recommended that Council adopt the 2023 – 2027 Strategic Plan. 2023 – 2027 Strategic Plan | 19Page 709 of 990 The City of Niagara Falls, Ontario Resolution October 24, 2023 Moved by: Seconded by: WHEREAS all meetings of Council are to be open to the public; and WHEREAS the only time a meeting or part of a meeting may be closed to the public is if the subject matter falls under one of the exceptions under s. 239(2) of the Municipal Act. WHEREAS on October 24, 2023, Niagara Falls City Council will be holding Closed Meetings as permitted under s. 239 (2) of the Municipal Act, namely; (c) a proposed or pending acquisition or disposition of land by the municipality or local board; (e) litigation or potential litigation, affecting the municipality; (f) advice that is subject to solicitor-client privilege, including communications necessary for that purpose; (k) a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality. THEREFORE BE IT RESOLVED that on October 24, 2023 Niagara Falls City Council will go into a closed meeting to consider matters that fall under 239 (2) (c) to discuss the possible acquisition of land by the municipality as well as a matter that could involve potential litigation that may require advice subject to solicitor -client privilege regarding a procedure applied to negotiations involving a Request For Proposal. AND The Seal of the Corporation be hereto affixed. WILLIAM G. MATSON JAMES M. DIODATI CITY CLERK MAYOR Page 710 of 990 F-2023-23 Report Report to:Mayor and Council Date:October 24, 2023 Title:Annual Update of OLG Spending and Commitments Recommendation(s) 1. That the annual update of OLG spending and commitments report BE RECEIVED. 2. That Council APPROVE the staff recommended revised key areas of OLG spending: 1. Property Tax Relief (will be removed once fully phased out) 2. Capital Asset and Strategic Investments 3. Economic Development Initiatives 4. Social Service Initiatives 5. Casino Policing Unit Funding Executive Summary In 2013, the City of Niagara Falls approved the new Municipality Contribution Agreement with the Ontario Lottery and Gaming Corporation (OLG) with an effective date of April 1, 2013. This agreement significantly increased the City’s hosting fees from the previous agreement. Since the inception of the agreement, staff have updated Council regularly on the commitments and use of the funds received however there still seems to be confusion among the public as to the use of the OLG funds. The purpose of this report is to provide an annual summary of the OLG commitments to date stemming from the new funding agreement including detailed attachments outlining every project/purpose OLG funding was used or committed to. Staff began preparing this annual report in 2019. No annual OLG update report was prepared in 2021 as the Casino was closed due to COVID from March 17, 2020 to July 31, 2021. The City did not receive any OLG funding during that time frame. City staff have also dedicated a page on the City's website to OLG information, including a summary chart of funding received to date, spending and commitments to date as well as a link to the most recent OLG annual update report. Due to the charts, the website page can be best viewed on an ipad or desktop as opposed to a cell phone. Page 1 of 45 Page 711 of 990 https://niagarafalls.ca/city-hall/finance/olg-funding/default.aspx As projects are completed, favourable or unfavourable variances sometimes occur with projects being closed under or over budget resulting in OLG money being available to add back in to the reserve to be repurposed or additional commitments required. All attachments have been updated to reflect project close outs to date with new notes being added on the bottom of each attachment under the heading of October 24, 2023. The OLG spending allocations for the past 10 years are consistent with direction staff have previously received. Specifically Council adopted five key areas of expenditures that funds should be used for. These include: 1. Property Tax Relief 2. Future Niagara Falls Hospital 3. Debt Avoidance/Capital Asset Investments 4. Economic Development Initiatives 5. Policing Future Niagara Falls Hospital On July 11, 2023, Council approved a $30,000,000 commitment to Niagara Health representing Niagara Falls Local Municipal Share commitment. Council was informed via report F-2023-07 that staff have invested the current hospital reserve fund amounting to over $24 million which is guaranteed to mature at a value of $30 million total with approximately $14 million maturing during 2027 and an additional $16 million maturing during Q1 2028. As a result no further OLG commitments relating to the hospital funding are required. Social Service Initiatives During the 2023 budget deliberations Council directed $350,000 of OLG funding to complement $150,000 of tax levy funding, for a total of $500,000 to be used for social service initiatives. Revised Recommended Key Areas of Spending Staff is recommending removing Future Niagara Falls Hospital from the Council directed key areas of spending for OLG funding and replacing it with Social Service Initiatives, as well as renaming Debt Avoidance/Capital Asset Investments to Capital Asset and Strategic Investments for a revised list of key areas of spending as follows: 1. Property Tax Relief (will be removed once fully phased out) 2. Capital Asset and Strategic Investments 3. Economic Development Initiatives 4. Social Service Initiatives 5. Casino Policing Unit Funding Page 2 of 45 Page 712 of 990 Background In September 2013, Council approved the Municipality Contribution Agreement (MCA) with the Ontario Lottery and Gaming Corporation (OLG). The effective date of the MCA is April 1, 2013 and will terminate at the earliest of: a. Date which all Casino games are no longer conducted and managed by OLG in Niagara Falls; b. Date on which any license, permit, approval, consent and/or other permission that may be required to use and operate the casino games in Niagara Falls is no longer available, becomes invalid or ceases to have effect; c. The date specified in a written notice of termination provided by OLG to the Municipality provided that such date shall be at least 30 days following the date of the notice of termination. The new funding agreement increased the hosting fee to the municipality for the two casinos located in Niagara Falls. The funding period is based on the Province’s fiscal year, specifically April 1st to March 31st. Payments, based on a percentage of gaming revenues identified below, are received by the City within 21 days of the end of each quarter. Under the new host funding formula in the Municipality Contribution Agreement (MCA), host municipalities will receive: 5.25% on the first $65 million of electronic games revenue; plus 3.00% on the next $135 million of the electronic games revenue; plus 2.50% on the next $300 million of the electronic games revenue; plus 0.50% on electronic games revenue above $500 million; plus 4.00% of the live table games revenue; and 4.00% of Sportsbook revenue, if any, generated during the operating year. Page 3 of 45 Page 713 of 990 Analysis The City is currently in the midst of it's 11th year of the new funding agreement. From April 1, 2013 until September 30, 2023, the City has received a total of $201,290,154 in OLG funding as illustrated below: History of OLG Revenue under New Funding Agreement Calendar Year City Q1/ OLG Q2 City Q2/ OLG Q1 City Q3/ OLG Q2 City Q4/ OLG Q3 Total per City Fiscal Year (Dec. 31) 2013 6,433,923 5,596,501 4,780,702 16,811,126 2014 4,452,570 6,715,070 5,304,206 4,916,987 21,388,833 2015 4,532,010 7,003,666 5,930,369 5,540,423 23,006,468 2016 5,275,019 7,153,022 6,245,991 5,625,402 24,299,434 2017 5,548,566 7,868,653 6,813,615 6,101,268 26,332,102 2018 5,546,465 7,393,429 6,499,766 5,373,138 24,812,798 2019 4,690,534 7,137,205 6,057,544 4,951,522 22,836,805 2020 3,974,389 Casino Closed 3,974,389 2021 Casino Closed 4,668,393 3,889,163 8,557,556 2022 2,969,020 6,257,258 5,285,233 4,433,189 18,944,700 2023 3,939,785 6,386,158 TBD TBD 10,325,943 Total $201,290,154 Page 4 of 45 Page 714 of 990 For the 10 and half year period of April 1, 2013 to September 30, 2023 the City has committed $193,396,677 of OLG funding to the five Council adopted key areas of spending as follows: History of OLG Commitments - April 1, 2023 to September 30, 2022 OLG Year Property Tax Relief Capital Asset and Strategic Investment Economic Dev. Initiatives Hospital (2013- 2022) Social Services 2023 Casino Unit Policing Total Commit- ments 13/14 3,723,250 10,419,057 254,401 318,955 4,214,384 18,930,047 14/15 6,173,659 10,643,279 305,281 322,024 4,200,000 21,644,242 15/16 6,034,985 10,106,264 1,204,401 356,242 4,200,000 21,901,892 16/17 6,168,506 14,009,809 605,281 382,574 4,200,000 25,366,170 17/18 6,319,278 12,118,300 700,000 562,596 4,200,000 23,864,173 18/19 6,265,285 15,865,598 0 479,137 4,200,000 26,810,020 2019 Apr - Dec. 4,537,643 6,632,698 472,955 362,925 3,150,000 15,156,221 2020 2,189,984 230,820 779,354 79,488 715,390 3,995,035 2021 5,895,000 3,032,056 0 171,151 1,540,360 10,638,567 2022 5,493,314 8,088,543 0 290,230 3,410,046 17,282,133 2023 5,420,133 0 179,374 350,000 1,858,670 7,808,177 Totals 58,221,036 91,146,424 4,501,045 3,639,322 35,888,850 193,396,677 % of Total 30.1%47.1%2.3%1.9%18.6%100.0% Detailed breakdowns of commitments of OLG funding can be found in Attachments 1 through 11. Niagara Region Police Services (NRPS) Fallsview District Funding In the past the City had been committed to paying NRPS $4,200,000 annually for enhanced policing services within the Fallsview Casino District area. This represented approximately 18% of the OLG funds received annually. As a result of COVID-19, the temporary closing of the Casino’s and thus the lost revenue from OLG funding, the City and the Region agreed to change the funding formula in 2020 from a flat rate of $4,200,000 annually to 18% of the OLG funding received. Thus when no OLG funding was received no funds were paid to the NRPS Casino policing unit. Page 5 of 45 Page 715 of 990 Operational Implications and Risk Analysis Similar to prior years, staff still feels strongly that none of the OLG funding should be used to subsidize the tax levy but rather should be kept for use on capital projects or other special initiatives/projects (i.e. social services, strategic reserve top ups, economic development initiatives). Staff appreciate Council's agreement in 2021 to reduce the levy subsidy (previously $5,895,000 or a 7.9% subsidy to the levy in 2021) by 50% of the growth beginning with the 2022 levy budget. It's important to note even with this strategy it could take 10-15 years to fully wean off the OLG subsidy in the property tax levy budget. As of the 2023 budget the OLG tax levy subsidy has been reduced to $5,090,000 (equivalent to a 6.0% subsidy to the tax levy in 2023) as follows: Historical subsidy amount (2013-2021)$5,895,000 50% new taxation revenue reduction: 2022 reduction $(401,686) 2023 reduction $(403,314) Revised property tax subsidy amount $5,090,000 Financial Implications/Budget Impact OLG funding received April 1, 2013 to September 30, 2023, totals $201,290,154. In September 2019, staff reallocated the OLG special purpose reserve to a reserve fund per a previous motion of Council. Interest earned on reserve funds is allocated back to each reserve fund as available funding to be committed for that purpose as opposed to special purpose reserves where interest earned remains in the property tax budget offsetting the levy. Interest attributed to the OLG reserve fund beginning September 2019 to December 31, 2022 totals $85,524. OLG spending and commitments April 1, 2013 to September 30, 2023, total $193,396,677. Per Attachment 11, as at September 30, 2023 there is an uncommitted balance of $7,979,002 available to be allocated in the 2023 capital budget. In addition, prior to the Capital Budget presentation on November 28, 2023 the City will receive the Q3 payment on October 21, 2023, a portion of which could be allocated to 2024 capital spending. Page 6 of 45 Page 716 of 990 Strategic/Departmental Alignment 1. Financial Sustainability 2. Investment and Sustainability of City Infrastructure List of Attachments F-2023-23 Attachment 1 - April 1, 2013 to March 31, 2014 OLG Detail F-2023-23 Attachment 2 - April 1, 2014 to March 31, 2015 OLG Detail F-2023-23 Attachment 3 - April 1, 2015 to March 31, 2016 OLG Detail F-2023-23 Attachment 4 - April 1, 2016 to March 31, 2017 OLG Detail F-2023-23 Attachment 5 - April 1, 2017 to March 31, 2018 OLG Detail F-2023-23 Attachment 6 - April 1, 2018 to March 31, 2019 OLG Detail F-2023-23 Attachment 7 - April 1, 2019 to Dec. 31, 2019 OLG Detail F-2023-23 Attachment 8 - January 1, 2020 to December 31, 2020 OLG Detail F-2023-23 Attachment 9 - January 1, 2021 to December 31, 2021 OLG Detail F-2023-23 Attachment 11 - January 1, 2023 to September 30, 2023 OLG Detail F-2023-23 Attachment 10 - January 1, 2022 to December 31, 2022 OLG Detail Written by: Tiffany Clark, Director of Finance Submitted by:Status: Tiffany Clark, Director of Finance Approved - 17 Oct 2023 Shelley Darlington, General Manger of Corporate Services Approved - 17 Oct 2023 Erik Nickel, General Manager of Municipal Works Approved - 17 Oct 2023 Page 7 of 45 Page 717 of 990 Attachment 1 April 1, 2013 - March 31, 2014 OLG Detail F-2023-23 October 24, 2023 City of Niagara Falls April 1, 2013 - March 31, 2014 OLG Detail Original OLG Funding Committed Revised OLG Funding Committed Difference Notes Property Tax Relief: Historical Tax Subsidy 3,000,000 3,000,000 0 2014 Tax Subsidy for Change in Regional Policy (F-2014-23)2,945,000 723,250 2,221,750 [1] Total Property Tax Relief 5,945,000 3,723,250 2,221,750 Hospital: 1.5% of Funding Received 318,955 318,955 0 Total Hospital 318,955 318,955 0 Debt Avoidance/Capital Investment: Debt Avoidance: Overall amount committed per Chart 2 in F-2014-43 6,201,595 6,201,595 City Hall HVAC (cancel debentures)863,062 (863,062) Drummond Rd Ph 3 (cancel debentures)1,635,377 (1,635,377) Ailanthus Ave (cancel debentures)790,475 (790,475) Vehicle Replacement (cancel debentures)87,070 (87,070) Kalar Road (cancel debentures)2,049,751 (2,049,751) Fleet purchases (cancel debentures)850,000 (850,000) 6,201,595 6,275,735 (74,140)[2] Capital Investment: F-2013-54 Approvals - Design Work for Various Projects: Municipal Works Allendale Ave Sewer Separation & Rd Reconstruct 67,500 67,500 0 Beck Road Bridge - additional funds 42,500 42,500 0 Balmoral / Maureen / Timothy 108,875 108,875 0 Brookfield Ave Sewer Sep - additional funds 131,250 44,960 86,290 [8] Colborne Street Sewer Sep 60,000 60,000 0 Corwin Cres Sewer Sep 75,000 75,000 0 Crysler Ave Sewer Sep 63,750 63,750 0 St Lawrence Ave Sewer Sep 63,750 63,750 0 Ellis Sewer Separation 14,000 14,000 0 Fifth Ave Sewer Separation 63,000 63,000 0 Page 8 of 45 Page 718 of 990 Attachment 1 April 1, 2013 - March 31, 2014 OLG Detail F-2023-23 October 24, 2023 Original OLG Funding Committed Revised OLG Funding Committed Difference Notes Grey Ave Sewer Separation 33,250 33,250 0 Hamilton Street Sewer Separation - MS13 43,125 43,125 0 Huron Street Sewer Separation 68,000 68,000 0 Kitchener St Sewer Sep - SS34 90,000 90,000 0 Level Avenue - additional funds 36,750 36,750 0 Maranda Street Sewer Sep 97,500 97,500 0 North Street - SS35 103,125 103,125 0 Portage Rd Watermain (Norton to Macklem) - W35 39,600 39,600 0 Ralph Sewer Sep 36,750 36,750 0 Ridge Road Culvert Replacement 30,000 30,000 0 Robinson Street (Stanley to East Limit)102,300 56,625 45,675 [8] Second Ave Sewer Sep 30,000 30,000 0 Sixth Ave Sewer Sep 63,000 63,000 0 Stanton Sewer Sep 21,000 21,000 0 Sylvia Place - (Transportation)60,000 60,000 0 Whirlpool Road Bridge 50,000 50,000 0 Parks AG Bridge Park Pathway Development 5,000 0 5,000 [3] Chippawa Boat Ramp Improvements - additional funds 30,000 30,000 0 FJ Miller Park Improvements 16,000 16,000 0 Heritage Park Improvements 12,000 12,000 0 Ontario Park Improvements 15,000 15,000 0 Millennium Trail Dvmt - Section 3 34,000 34,000 0 Niagara Falls Lions Park Accessible Washrooms 9,000 9,000 0 Patrick Cummings - Baseball Field Expansion 40,000 40,000 0 Patrick Cummings - South Parking Lot Dvmt 5,000 0 5,000 [3] Rosberg Family Park (Downtown Park) - additional funds 17,000 17,000 0 Drummond Road SS McLeod to Oldfield 153,750 153,750 0 McKenney Road Bridge Rehabilitation 36,500 0 36,500 [3] Transportation Drummond Road EA - TSP25 150,000 150,000 0 Traffic Signal Designs 100,000 100,000 0 2,217,275 2,038,810 178,465 Page 9 of 45 Page 719 of 990 Attachment 1 April 1, 2013 - March 31, 2014 OLG Detail F-2023-23 October 24, 2023 Original OLG Funding Committed Revised OLG Funding Committed Difference Notes F-2014-43 Additional Capital Approvals: Emerald Ash Borer 40,000 40,000 0 Vehicle Replacement - Street Sweeper 220,000 221,155 (1,155)[4] Gale Centre Improvements 20,000 20,000 0 Victoria Ave Streetscaping 160,000 160,000 0 Kalar Park Improvements 100,000 100,000 0 Retail Centre Hub Enhancements 100,000 100,000 0 Bus Drivers Portable Washrooms 100,000 100,000 0 Business Park Site Development 200,000 213,355 (13,355)[4] Additional amount reported to OLG 0 Murray Street Pedestrian Bridge 220,000 220,000 0 Traffic Signal Rebuilds 200,000 200,000 0 Chippawa Accessible Doors 20,000 20,000 0 Lion's Trail - Extension of Millennium Trail 403,000 403,000 0 Smart Card Reload System at 4 City Facilities 50,000 41,255 8,745 [5] Parking Permit Module 35,000 35,000 0 1,868,000 1,873,766 (5,766) Additional Approvals: Lundy's Lane Gateway (MW-2014-21)150,935 150,935 0 Oakes Park Scoreboards (MW-2014- 24)29,811 29,811 0 Chippawa Boat Ramp Improvements - ADDITIONAL FUNDS (MW-2014-50)50,000 50,000 0 230,746 230,746 0 Total Debt Avoidance/ Capital Investment 10,517,616 10,419,057 98,559 Economic Development: NFT - Destination Marketing Campaign - F-2014-11 250,000 254,401 (4,401)[6] Total Economic Development 250,000 254,401 (4,401) Page 10 of 45 Page 720 of 990 Attachment 1 April 1, 2013 - March 31, 2014 OLG Detail F-2023-23 October 24, 2023 Original OLG Funding Committed Revised OLG Funding Committed Difference Notes Policing: Policing 4,200,000 4,214,384 (14,384)[7] Total Policing 4,200,000 4,214,384 (14,384) Total Commitments 21,231,571 18,930,047 2,301,524 Funding Received 21,263,696 Uncommitted amount to carry forward to future years 2,333,649 Notes from F-2019-45 December 10, 2019 Annual OLG Update Report: [1]This should not have been committed for OLG Fiscal Year ending March 31, 2014 for a full year, only 3 months (January to March 2014). Actual amount of subsidy in 2014 year was $2,893,000 - 3 months = $723,250 [2]Debt avoidance amount per chart 2 in F-2014-43 was $6,201,595 however actual debt avoidance totaled $6,275,735. [3]Per Municipal Works funding no longer required, money can be recommitted. [4]Project was over budget - additional funds were required to be transferred. [5]Project was under budget - surplus funds can be recommitted. [6]Transfer included non-rebateable HST of $4,401 ($250,000 * 1.76%) [7]April 1 to December 31, 2013 policing invoice from the Region was $3,164,384 as Region used # of days (April 1, 2013 to December 31, 2013 = 275 days). $4,200,000 * 275/365 = $3,164,384 $3,164,384 + $1,050,000 = $4,214,384 for April 1, 2013 to March 31, 2014. Notes from F-2020-24 June 23, 2020 Annual OLG Update Report: [8]Projects completed and closed under budget (F-2020-25) Page 11 of 45 Page 721 of 990 Attachment 2 April 1, 2014 - March 31, 2015 OLG Detail F-2023-23 October 24, 2023 City of Niagara Falls April 1, 2014 - March 31, 2015 OLG Detail Original OLG Funding Committed Revised OLG Funding Committed Difference Notes Property Tax Relief: Historical Tax Subsidy 3,000,000 3,000,000 0 2014 Tax Subsidy for Change in Regional Policy (F-2014-23)2,945,000 2,893,500 51,500 [1] Doctor Recruitment 1,820 0 1,820 [2] 2014 Election 175,000 169,606 5,394 [3] Rendezvous Canada 50,000 0 50,000 [4] Niagara District Airport Commission Capital 184,977 110,553 74,424 [5] Total Property Tax Relief 6,356,797 6,173,659 183,138 Hospital: 1.5% of Funding Received 322,024 322,024 0 Total Hospital 322,024 322,024 0 Debt Avoidance/Capital Investment: 2015 Capital Budget: Municipal Works LED Street Lighting 1,182,500 1,182,500 0 Surface Treatment Program 1,450,000 1,450,000 0 Rescue 6 Replacement 400,000 400,000 0 Parks Chippawa Boat Ramp Park Improvements 291,000 291,000 0 Chippawa Lions Park Tennis Improvements 63,000 63,000 0 Heritage Park Improvements 72,000 72,000 0 Leash Free Dog Park Improvements 100,000 100,000 0 Transportation Conventional Bus Purchase 550,000 550,000 0 Specialized Bus Replacement 300,000 300,000 0 Shuttle Vehicles 60,000 60,000 0 Traffic Signal Rebuilds 200,000 200,000 0 Traffic Signal Video Detection Replacement 120,000 120,000 0 Page 12 of 45 Page 722 of 990 Attachment 2 April 1, 2014 - March 31, 2015 OLG Detail F-2023-23 October 24, 2023 Original OLG Funding Committed Revised OLG Funding Committed Difference Notes Parking Licence Plate Recognition 40,000 48,497 (8,497)[6] Lot #2 Redesign 50,000 50,000 0 Pay & Display Machines 50,000 50,000 0 Fire F9 - SCBA Equipment 450,000 615,104 (165,104)[6] Water Chutes for Tankers 5 & 6 10,000 10,000 0 Back-up Recording System for Communications 25,000 25,000 0 Planning & Building City Hall Service Counters - Mayor & Finance 342,000 342,000 0 R & C Gale Centre - Maintenance & Cleaning Equipment 13,000 13,000 0 Gale Centre - Rink #1 Doors 4,000 4,000 0 Gale Centre - Rink #1 Access 42,000 42,000 0 MacBain Park / Skate park Improvements 12,000 12,000 0 MacBain - Exterior Cameras 11,000 11,000 0 General Government & Information Systems Transp'n - TES Signs Module 20,000 20,000 0 MW -Tree Inventory Project 70,000 70,000 0 Cartegraph Consulting from AGL 40,000 40,000 0 5,967,500 6,141,101 (173,601) F-2015-21 Additional Capital Approvals: Buchanan Ave 2,176,000 2,176,000 0 Peer / Grey Sewer Separation additional funds 100,000 100,000 0 Royal Manor Drive Bridge 50,000 50,000 0 Second Ave Sewer Sep - Morrison to Huron - additional funds 38,000 21,765 16,235 [10] Sidewalk Replacement Program 150,000 150,000 0 Tree Planting (Forestry)37,500 37,500 0 Fleet purchases (all departments)400,000 400,000 0 Battlefield Park 150,000 150,000 0 George Bukator Park Improvements 250,000 250,000 0 Oakes Park Grandstand Improvements 315,000 315,000 0 Page 13 of 45 Page 723 of 990 Attachment 2 April 1, 2014 - March 31, 2015 OLG Detail F-2023-23 October 24, 2023 Original OLG Funding Committed Revised OLG Funding Committed Difference Notes Fairview Cemetery Office Renovations 246,000 246,000 0 F49 - Renovations to Station 3 - Female Washroom 60,000 60,000 0 F45 - Diesel Fumes Extraction 99,515 99,515 0 Not in Original Submission - Fire Admin Roof 45,000 45,000 0 Armoury - Boiler Replacement 60,000 59,911 89 [7] 4,177,015 4,160,691 16,324 Additional Transfers: MacBain - Exterior Cameras 0 4,500 (4,500)[8] City Hall Security Cameras 0 17,171 (17,171)[8] Lundy's Lane Streetscape Master Plan 189,815 189,815 0 Millennium Trail Ph 3 - additional fund 0 30,000 (30,000)[8] Peer St./Grey St. Sewer Separation 0 100,000 (100,000)[11] 189,815 341,486 (151,671) Total Debt Avoidance/ Capital Investment 10,334,330 10,643,279 (308,949) Economic Development: NFT - Destination Marketing Campaign - 2015 300,000 305,281 (5,281)[9] Total Economic Development 300,000 305,281 (5,281) Policing: Policing 4,200,000 4,200,000 0 Total Policing 4,200,000 4,200,000 0 Total Commitments 21,513,151 21,644,242 (131,091) Funding Received 21,468,273 Amount carried forward from prior years 2,333,649 Uncommitted amount to carry forward to future years 2,157,680 Page 14 of 45 Page 724 of 990 Attachment 2 April 1, 2014 - March 31, 2015 OLG Detail F-2023-23 October 24, 2023 Original OLG Funding Committed Revised OLG Funding Committed Difference Notes Notes from F-2019-45 December 10, 2019 Annual Olg Update Report: [1]F-2014-23 suggests the City allocate $2,945,000 additional OLG funds to subsidize the property tax budget for 2014 (on top of the $3M already subsidizing property taxes). Budget was actually input at $2,895,000 for 2014 and future years (not $2,945,000) thus the amount left in Operating relating to this report has coincided with the amount budgeted of $2,895,000. In 2014 the subsidy amount left in Operating was transferred at $2,893,000 in error (as opposed to the $2,895,000 budgeted). Surplus funds can be recommitted. [2]Different reserve fund was used to fund Doctor Recruitment [3]Election expenses came in under the $175,000 committed. Surplus funds can be recommitted. [4]Rendezvous Canada expense was paid out of operating within the regular operating budget. Additional OLG funding was not required. Surplus funds can be recommitted. [5]Airport capital expenses in 2014 = $15,438 and in 2015 = $95,115, totaling $110,553. Surplus funds can be recommitted. [6]Project was over budget - additional funds were required to be transferred. [7]Project was under budget - surplus funds can be recommitted. [8]OLG funding was used on these projects. [9]Transfer included non-rebateable HST of $5,281 ($300,000 * 1.76%). Notes from F-2020-24 June 23, 2020 Annual OLG Update Report: [10]Project completed and closed under budget (F-2020-04) Notes from F-2022-43 November 22, 2022 Annual OLG Update Report: [11]Additional funds required for Peer St. (Main to Allendance) and Grey St. (Peer to Robinson) Sewer Separation Page 15 of 45 Page 725 of 990 Attachment 3 April 1, 2015 - March 31, 2016 OLG Detail F-2023-23 October 24, 2023 City of Niagara Falls April 1, 2015 - March 31, 2016 OLG Detail Original OLG Funding Committed Revised OLG Funding Committed Difference Notes Property Tax Relief: Historical Tax Subsidy 3,000,000 3,000,000 0 2014 Tax Subsidy for Change in Regional Policy (F-2014-23)2,945,000 2,895,000 50,000 [1] Niagara District Airport Commission Capital 82,739 139,985 (57,246)[2] Total Property Tax Relief 6,027,739 6,034,985 (7,246) Hospital: 1.5% of Funding Received 356,242 356,242 0 Total Hospital 356,242 356,242 0 Debt Avoidance/Capital Investment: 2016 Capital Budget: Pre-approved 2016 Projects / Funding Victoria Ave Streetscape Revitalization - additional funds 2,471,000 2,471,000 0 Municipal Works Emerald Ash Borer (Forestry) - additional funds 275,000 275,000 0 Fleet purchases (all departments)800,000 800,000 0 Reserve Pumper 3 600,000 600,000 0 Parks Chippawa Lions Park Improvements - Additional Funds 100,000 100,000 0 Fernwood Trail Development - Phase 2 27,000 27,000 0 Millennium Trail Section 3 - additional Funds 30,000 30,000 0 Play Structure Replacement Program 100,000 100,000 0 Cemetery Fence Replacement 92,500 92,500 0 Stamford Green Columbarium - Accessibility 15,000 15,000 0 Page 16 of 45 Page 726 of 990 Attachment 3 April 1, 2015 - March 31, 2016 OLG Detail F-2023-23 October 24, 2023 Original OLG Funding Committed Revised OLG Funding Committed Difference Notes Transit Conventional Bus Purchases - for 30 minute service (1 bus)100,000 4 99,996 [7] Fire Personal Protective Equipment (Bunker Gear)100,000 100,000 0 Diesel Fumes Extraction 47,000 47,000 0 R & C Chippawa Arena - Refrigeration Equipment Upgrades 465,000 465,000 0 Outdoor Pools Safety Upgrades / Repairs 175,000 164,754 10,246 [8] General Government & Information Systems CAO - Council Agenda Software 20,000 20,000 0 5,417,500 5,307,258 F-2016-20 Additional Capital Approvals: Retaining Wall in Core Tourist Area 150,000 150,000 0 Tree Inventory 155,000 155,000 0 Crosswalk Improvements in Core Tourist Area 300,000 300,000 0 Firemen's Park 290,000 290,000 0 Millennium Trail Section 6 615,000 615,000 0 Garner Recreation Trail 12,000 12,000 0 Garner Recreation Trail 30,000 30,000 0 Battlefield Site Development 65,000 65,000 0 Oakes Park Grandstands 375,000 344,092 30,908 [7] Kalar Park Lot 80,000 80,000 0 Ker Park Fencing 21,000 14,046 6,954 [6] Palmer Park Fencing 21,000 14,046 6,954 [6] Chippawa West Park Development 33,000 33,000 0 Storage Facilities 150,000 150,000 0 Road Repairs 50,000 50,000 0 Specialized Service Scheduling System 100,000 100,000 0 Wash Rack Undercarriage 15,000 15,000 0 Niagara Region Transportation Masterplan 25,000 25,000 0 Electric Vehicle Charging Stations 25,000 25,000 0 Page 17 of 45 Page 727 of 990 Attachment 3 April 1, 2015 - March 31, 2016 OLG Detail F-2023-23 October 24, 2023 Original OLG Funding Committed Revised OLG Funding Committed Difference Notes Pay & Display Machines 50,000 50,000 0 Station 3 Washroom Additions 300,000 300,000 0 Coronation Centre North Wall 40,000 40,000 0 Coronation Centre Basement Floor 12,000 12,000 0 Chippawa Arena Block Work 10,000 0 10,000 [3] MacBain Park Benches 10,000 10,000 0 NF Museum Security Upgrades 5,000 5,000 0 2,939,000 2,884,184 54,816 Additional Transfers: Fairview Cemetery Office Renovations 62,000 62,000 0 Coronation Centre exercise Equipment 0 8,002 (8,002)[4] Transfer to Municipal Reserves F-2016-20 1,019,894 1,019,894 0 Additional Funding Victoria Ave Streetscape (MW 2016-16)824,926 824,926 0 1,906,820 1,914,822 (8,002) Total Debt Avoidance/ Capital Investment 10,263,320 10,106,264 46,814 Economic Development: NFT - Destination Marketing Campaign - 2016 - F-2016-07 250,000 254,401 (4,401)[5] WFOL Additional Funding Request - 2015 BDD-2015-03 300,000 300,000 0 WFOL Additional Funding Request - 2016 BDD 2015-03 300,000 300,000 0 NF Illumination Board Lighting Project - City of NF portion 350,000 350,000 0 Total Economic Development 1,200,000 1,204,401 (4,401) Policing: Policing 4,200,000 4,200,000 0 Total Policing 4,200,000 4,200,000 0 Total Commitments 22,047,301 21,901,892 35,167 Funding Received 23,749,477 Amount carried forward from prior years 2,157,680 Uncommitted amount to carry forward to future years 4,005,265 Page 18 of 45 Page 728 of 990 Attachment 3 April 1, 2015 - March 31, 2016 OLG Detail F-2023-23 October 24, 2023 Original OLG Funding Committed Revised OLG Funding Committed Difference Notes Notes from F-2019-45 December 10, 2019 Annual OLG Update Report: [1]F-2014-23 suggests the City allocate $2,945,000 additional OLG funds to subsidize the property tax budget for 2014 (on top of the $3M already subsidizing property taxes). Budget was actually input at $2,895,000 for 2014 and future years (not $2,945,000) thus the amount left in Operating relating to this report has coincided with the amount budgeted of $2,895,000. Surplus funds can be recommitted. [2]Airport capital expenses in 2016 = $139,985. Additional funds transferred from OLG. [3]Project work was charged to Operating. Surplus funds can be recommitted. [4]OLG funding was used on this project. [5]Transfer included non-rebateable HST of $4,401 ($250,000 * 1.76%). Notes from F-2022-43 November 22, 2022 Annual OLG Update Report: [6]Projects closed under budget (F-2021-45) [7]Projects closed under budget (F-2022-40) Notes from F-2023-23 October 24, 2023 Annual OLG Update Report: [8]Project closed under budget (F-2023-24) Page 19 of 45 Page 729 of 990 Attachment 4 April 1, 2016 - March 31, 2017 OLG Detail F-2023-23 October 24, 2023 City of Niagara Falls April 1, 2016 - March 31, 2017 OLG Detail Original OLG Funding Committed Revised OLG Funding Committed Difference Notes Property Tax Relief: Historical Tax Subsidy 3,000,000 3,000,000 0 2014 Tax Subsidy for Change in Regional Policy (F-2014-23)2,945,000 2,895,000 50,000 [1] Canada 150 operating portion 150,000 150,000 0 Niagara District Airport Commission Capital 156,359 123,506 32,853 [2] Total Property Tax Relief 6,251,359 6,168,506 82,853 Hospital: 1.5% of Funding Received 382,574 382,574 0 Total Hospital 382,574 382,574 0 Debt Avoidance/Capital Investment: 2017 Capital Budget: Municipal Works Emerald Ash Borer 150,000 150,000 0 Lundy's Lane Streetscaping 747,412 747,412 0 Road Resurfacing 107,682 107,682 0 Sidewalk Replacement 450,000 306,832 143,168 [9] Tree Planting 30,000 30,000 0 Victoria Ctr Streetscape PH 2 1,137,855 1,137,855 0 Victoria Ave Streetscape PH 2 365,000 365,000 0 Fleet Replacement 1,767,051 1,767,051 0 Parks Artificial Turf 500,000 500,000 0 Chippawa Lions Park Improvements 685,000 589,809 95,191 [12] FJ Miller Park Play Area Improvements 246,000 246,000 0 Ontario Park Play Area Improvements 237,000 237,000 0 Parks Infrastructure Improvements 1,250,000 1,221,955 28,045 [15], [16] Cemetery Road Repair 50,000 50,000 0 Fire PPE 100,000 100,000 0 Page 20 of 45 Page 730 of 990 Attachment 4 April 1, 2016 - March 31, 2017 OLG Detail F-2023-23 October 24, 2023 Original OLG Funding Committed Revised OLG Funding Committed Difference Notes R & C Canada 150 Legacy Project sign 150,000 97,438 52,562 [9] NF Lions Pool - Liner & Pumps 330,000 237,978 92,022 [13] Transportation Busway & Shelter Rehab 228,960 228,960 0 Bus Growth 282,312 282,312 0 Cummins ISL Diesel Engines Replcmt 122,112 116,413 5,699 [10] Electronic Farebox Upgrade - CAV 71,232 71,232 0 Emco-Wheaton Posi-lock fueling system 14,246 8,377 5,869 [10] Farebox Replacement - Conventional Fleet 50,880 50,880 0 Farebox Replacement - 2 Conventional Buses 19,334 19,334 0 Fleet Management Software 30,528 30,528 0 Intelligent Transport System - CAV 27,984 27,984 0 Intelligent Transport System - Conventional Fleet 382,617 382,617 0 Orion VII Powertrain & body refurb 228,960 228,960 0 Refrigerant Recover, recycle and recharge machine 3,562 3,562 0 Radio System Requirements 6,614 6,614 0 Radio Upgrade & Replcmt 6,869 6,869 0 Speed Message Boards / PXO Signs 75,000 39,836 35,164 [13] Tele Driver Hardware/Software 35,616 35,616 0 Upgrade of Fluid Tracking System 14,246 0 14,246 [3] Vinyl decal Replcmt 18,317 18,317 0 ZF Transmission Diagnostic Software 3,053 3,053 0 General Government & Information Systems AGL - Cartegraph 40,000 40,000 0 CAO - Close Captioning Service 15,000 15,000 0 CAO - Council Agenda Software 25,000 25,000 0 Cemetery - Stone Orchard Cemetery Software 50,000 50,000 0 Finance - eBidding Solution 60,000 60,000 0 Gale Ctr Cell & WiFi Signal Improvement 55,000 55,000 0 HR - InfoHR Benefits Integration with Sun Life 20,000 0 20,000 [17] Recreation Software 40,000 19,534 20,466 [9] 10,230,442 9,718,010 512,432 Page 21 of 45 Page 731 of 990 Attachment 4 April 1, 2016 - March 31, 2017 OLG Detail F-2023-23 October 24, 2023 Original OLG Funding Committed Revised OLG Funding Committed Difference Notes F-2017-19 Additional Capital Approvals Paddock Park Reforestation 30,000 26,876 3,124 [10] Drummond Rd Watermain Replcmt 115,000 106,106 8,894 [12] Fallsview Blvd (Murray to Ferry)130,000 130,000 0 Second / Third Laneway Reconstruction 250,000 0 250,000 [4] Millennium Rec Trail - Section 5 117,000 117,000 0 Riverview Park Improvements 760,945 760,945 0 Fence Replcmt 50,000 50,000 0 Rail Review 60,000 58,635 1,365 [9] Sign Inventory Input Module 60,000 13,525 46,475 [5], [13] Traffic Signal Video Detection 45,000 45,000 0 Fire Prevention Pub Ed Props 10,000 9,316 684 [11] Radio System Upgrade 325,000 325,000 0 Reserve Pumper 2 Replacement 650,000 650,000 0 Service Centre Improvements 75,000 300,087 (225,087)[6], [14], [18] Chippawa Town Hall Windows & Doors 70,000 59,615 10,385 [9] City Hall Blinds 50,000 49,678 322 [11] Designated Substance Clean up 30,000 29,958 42 [11] Chippawa Arena lighting & ceiling upgrades 300,000 221,817 78,183 [9] Chippawa Arena Rubber Floor Replcmt - PH 3 30,000 30,000 0 MacBain Energy Plan - PH 1 850,000 850,000 0 4,007,945 3,833,557 174,388 Additional Transfers: Gale Centre Improvements - Pad #1 0 75,000 (75,000)[7] New Sidewalks 0 209,922 (209,922)[4], [13] Artificial Turf (MW-2017-12)106,054 173,320 (67,266)[12] 106,054 458,242 (352,188) Total Debt Avoidance/ Capital Investment 14,344,441 14,009,809 334,632 Economic Development: NFT - Destination Marketing Campaign - 2017 300,000 305,281 (5,281)[8] WFOL Additional Funding Request - 2017 300,000 300,000 0 Total Economic Development 600,000 605,281 (5,281) Page 22 of 45 Page 732 of 990 Attachment 4 April 1, 2016 - March 31, 2017 OLG Detail F-2023-23 October 24, 2023 Original OLG Funding Committed Revised OLG Funding Committed Difference Notes Policing: Policing 4,200,000 4,200,000 0 Total Policing 4,200,000 4,200,000 0 Total Commitments 25,778,374 25,366,170 412,204 Funding Received 24,572,981 Amount carried forward from prior years 4,005,265 Uncommitted amount to carry forward to future years 3,212,075 Notes from F-2019-45 December 10, 2019 Annual OLG Update Report: [1]F-2014-23 suggests the City allocate $2,945,000 additional OLG funds to subsidize the property tax budget for 2014 (on top of the $3M already subsidizing property taxes). Budget was actually input at $2,895,000 for 2014 and future years (not $2,945,000) thus the amount left in Operating relating to this report has coincided with the amount budgeted of $2,895,000. Surplus funds can be recommitted. [2]Airport capital expenses in 2017 = $123,506. Surplus funds can be recommitted. [3]Project was cancelled. Surplus funds can be recommitted. [4]The funding source for Second/Third Laneway Reconstruction was switched from OLG to Ontario Community Infrastructure Fund (OCIF) while the funding for New Sidewalks was switched from grants to OLG. Net effect = 0 [5]Original commitment amount of $60,000 was an error. Should have been $20,000. Surplus funds can be repurposed. [6]Project note indicates funds not required for 2017. Surplus funds can be repurposed. [7]OLG Funding was used for this project. [8]Transfer included nonrebateable HST of $5,281 ($300,000 * 1.76%) Notes from F-2020-24 June 23, 2020 Annual OLG Update Report: [9]Projects closed and completed under budget (F-2020-25) [10]Projects closed and completed under budget (F-2020-04) [11]Projects closed and completed under budget. Page 23 of 45 Page 733 of 990 Attachment 4 April 1, 2016 - March 31, 2017 OLG Detail F-2023-23 October 24, 2023 Original OLG Funding Committed Revised OLG Funding Committed Difference Notes Notes from F-2022-43 November 22, 2022 Annual OLG Update Report: [12]Projects closed and completed over or under budget (F-2022-40) [13]Projects closed and completed over or under budget (F-2021-45) [14]Contrary to Note #6 we did end up needing the $75,000 budget so funds were transferred. [15]Additional $40,000 required for the project Notes from F-2023-23 October 24, 2023 Annual OLG Update Report: [16]Project closed under budget, after accounting for the additional $40,000 allocated to the project from note 15 above. [17]Project cancelled F-2023-24 [18]Additional funds required - F-2023-24 Page 24 of 45 Page 734 of 990 Attachment 5 April 1, 2017 - March 31, 2018 OLG Detail F-2023-23 October 24, 2023 City of Niagara Falls April 1, 2017 - March 31, 2018 OLG Detail Original OLG Funding Committed Revised OLG Funding Committed Difference Notes Property Tax Relief: Historical Tax Subsidy 3,000,000 3,000,000 0 2014 Tax Subsidy for Change in Regional Policy (F-2014-23)2,945,000 2,895,000 50,000 [1] Lundy's Lane CIP Program 150,000 0 150,000 [3] YMCA Refresh - Phase 1 250,000 250,000 0 GNBA Batting Cages Grant - approved under New Business 45,147 45,147 0 Niagara District Airport Commission Capital - 2018 129,131 129,131 0 Total Property Tax Relief 6,519,278 6,319,278 200,000 Hospital: 2.0% of Funding Received 526,596 526,596 0 Total Hospital 526,596 526,596 0 Debt Avoidance/Capital Investment: Committed in 2017 Capital Budget: Lundy's Lane Streetscape PH 1 592,499 592,499 0 Victoria Centre Streetscape Revitalization 4,762,145 3,127,096 1,635,049 [5] George Bukator Park Improvements 40,000 16,870 23,130 [4] 2018 Capital Budget: Municipal Works GO Train Projects Engineering Study and Design 500,000 0 500,000 [7] Kalar Rd Reconstruction 361,144 361,144 0 Sidewalk Replacement (2018)136,433 0 136,433 [5] Surface Treatment (2018)820,000 820,000 0 Transit Building Demolition - PH 3 1,200,000 1,200,000 0 Whirlpool Road Reconstruction 1,777,162 1,777,162 0 Fire Personal Protective Equipment (Bunker Gear)100,000 100,000 0 Page 25 of 45 Page 735 of 990 Attachment 5 April 1, 2017 - March 31, 2018 OLG Detail F-2023-23 October 24, 2023 Original OLG Funding Committed Revised OLG Funding Committed Difference Notes Parks Cricket Pitch 25,000 17,630 7,370 [6] Millennium Trail Section 5 41,000 41,000 0 Neighbourhood Playground Replacements 1,665,000 1,566,468 98,532 [6] South End Dog Park Development 151,422 151,422 0 12,171,805 9,771,291 2,400,514 F-2018-20 Additional Capital Approvals: Culp Street Construction 210,000 210,000 0 Road Rehabilitation - Dorchester Road (Interim solution)100,000 100,000 0 Sidewalk Replacement (2018)157,349 8,696 148,653 [5] Fleet - Pumper 3 Replacement 650,000 650,000 0 Traffic Calming 32,000 32,000 0 Orion VII Engine Replacement 180,000 135,821 44,179 [4] Tourist Core Traffic Management Plans & ITS Strategy175,000 175,000 0 Audio Visual Upgrades 20,000 18,617 1,383 [4] Fire Services Upgrades 80,000 80,000 0 Emergency Basketball / Tennis Court Repairs 400,000 400,000 0 Ker Park 294,774 294,774 0 2,299,123 2,104,908 194,215 Additional Transfers: MacBain Pool Ceiling Repairs 0 100,000 (100,000)[2] Bukator & Rapidsview Drive Sewer Separation 0 142,100 (142,100)[2] 0 242,100 (242,100) Total Debt Avoidance/ Capital Investment 14,470,928 12,118,300 2,352,628 Economic Development: NFT - Destination Marketing Campaign - 2018 300,000 300,000 0 WFOL Additional Funding Request - 2018 400,000 400,000 0 Total Economic Development 700,000 700,000 0 Page 26 of 45 Page 736 of 990 Attachment 5 April 1, 2017 - March 31, 2018 OLG Detail F-2023-23 October 24, 2023 Original OLG Funding Committed Revised OLG Funding Committed Difference Notes Policing: Policing 4,200,000 4,200,000 0 Total Policing 4,200,000 4,200,000 0 Total Commitments 26,416,802 23,864,174 2,552,628 Funding Received 26,330,001 Amount carried forward from prior years 3,212,075 Uncommitted amount to carry forward to future years 5,677,903 Notes from F-2019-45 December 10, 2019 Annual OLG Update Report: [1]F-2014-23 suggests the City allocate $2,945,000 additional OLG funds to subsidize the property tax budget for 2014 (on top of the $3M already subsidizing property taxes). Budget was actually input at $2,895,000 for 2014 and future years (not $2,945,000) thus the amount left in Operating relating to this report has coincided with the amount budgeted of $2,895,000. Surplus funds can be recommitted. [2]OLG Funding was used for these projects. Notes from F-2020-24 June 23, 2020 Annual OLG Update Report: [3]Lundy's Lane CIP SPR balance is $110,000 as at December 31, 2018 with no uses. Additional $150,000 is not necessary. Money can be repurposed. [4]Project closed under budget (F-2020-25) Notes from F-2022-43 November 22, 2022 Annual OLG Update Report: [5]Projects closed and completed over or under budget (F-2022-40) [6]Projects closed and completed over or under budget (F-2021-45) [7] Project cancelled (F-2021-56) Page 27 of 45 Page 737 of 990 Attachment 6 April 1, 2018 - March 31, 2019 OLG Detail F-2023-23 October 24, 2023 City of Niagara Falls April 1, 2018 - March 31, 2019 OLG Detail Original OLG Funding Committed Revised OLG Funding Committed Difference Notes Property Tax Relief: Historical Tax Subsidy 3,000,000 3,000,000 0 2014 Tax Subsidy for Change in Regional Policy (F-2014-23)2,895,000 2,895,000 0 YMCA Refresh - Phase 2 250,000 250,000 0 Niagara District Airport Commission Capital - 2019 120,285 120,285 0 Total Property Tax Relief 6,265,285 6,265,285 0 Hospital: 2.0% of Funding Received 479,137 479,137 0 Total Hospital 479,137 479,137 0 Debt Avoidance/Capital Investment: 2019 Capital Budget (F-2019-13): Municipal Works 2019 New Sidewalk Construction (Parkway Dr.)102,500 0 102,500 [1] Sidewalk Replacement (2019)460,000 327,047 132,953 [5] Surface Treatment - Urban and Rural Roads 500,000 501,849 (1,849)[5] Park & Erie Site Cleanup and Investigative Environmental (Old Transit Site) 1,100,000 1,100,000 0 Clifton Hill Resurfacing and Crosswalks Construction 625,000 610,147 14,853 [5] Blackburn Parkway Construction 1,750,000 1,750,000 0 Emerald Ash Borer Annual Program 180,000 180,000 0 Tree Planting - City Wide Annual Program 100,000 100,000 0 Whirlpool and Niagara Parkway Intersection Improvements 75,000 75,000 0 Victoria Centre Streetscape Revitalization (Clark Ave - Stanley Ave.) Phase 3 Design - Additional Funds 145,000 145,000 0 Fallsview Boulevard Reconstruction - Phase 1 Construction 1,104,741 1,104,741 0 Fleet Equipment Replacement 2,300,000 2,300,000 0 Page 28 of 45 Page 738 of 990 Attachment 6 April 1, 2018 - March 31, 2019 OLG Detail F-2023-23 October 24, 2023 Original OLG Funding Committed Revised OLG Funding Committed Difference Notes Parks & Cemetery 2019 Playground Improvement Program - 10 Parks 1,685,700 1,483,567 202,133 [5] Millennium Trail Section 2 Development 110,000 0 110,000 [2] MacBain CC Playground Safety Surfacing & Trail Restoration 125,000 111,133 13,867 [5] Oakes Park Canada Summer Games 2021 Park Improvements 150,000 0 150,000 [7] 2019 Tennis and Basketball Court Improvement Program 990,000 990,000 0 Fireman's Park Master Landscape Plan 180,000 0 180,000 [8] Oakes Park Concession Building Phase 2 Renovations & Improvements 60,000 0 60,000 [9] Restoration of Veteran & War Dead Memorials not located in the Fields of Honour - Year 1 of 5 year relationship with Federal Government 20,000 20,000 0 Traffic & Parking Traffic Signal Full Rebuild Program 500,000 500,000 0 CN Relocation Plan (deferred then approved later in 2019)300,000 300,000 0 Flashing School Zone Program 20,000 0 20,000 [10] School Crossing Guard Warning Flasher Program 7,500 7,500 0 Overhead Warning Flasher Replacement Program 15,000 7,199 7,801 [6] New P&D Machine - Fallsview Parking Expansion - 15 units 150,000 150,000 0 Fire Personal Protection Equipment (Bunker Gear)100,000 122,466 (22,466)[5] Boathouse (Chippawa) 100,000 0 100,000 [8] Training Tower Conversion 300,000 300,000 0 Trench Rescue Equipment 100,000 87,161 12,839 [6] Page 29 of 45 Page 739 of 990 Attachment 6 April 1, 2018 - March 31, 2019 OLG Detail F-2023-23 October 24, 2023 Original OLG Funding Committed Revised OLG Funding Committed Difference Notes Planning & Building City Hall - Court House Demolition 260,000 327,122 (67,122)[5] City Market Square Demolition 70,000 0 70,000 [12] Demolition of Old Recreation Building 255,000 249,812 5,188 [13] City Hall - Landscaping 25,000 25,000 0 Willoughby Town Hall - Accessibility Ramp 75,000 0 75,000 [3] 14,040,441 12,874,744 1,165,697 F-2019-24 Additional Capital Approvals: Service Centre Fuel Tank Replacements 662,500 1,037,500 (375,000)[11] Oakes Park Canada Summer Games Park Improvements 400,000 0 400,000 [7] Kalar Road Sports Park Parking Lot Reconstruction 430,000 378,669 51,331 [5] Allendale/Gray/Peer Implementation Plan 130,000 123,800 6,200 [13] Ross St. Sewer Separation 75,160 75,160 0 George & Fraser Sewer Separation 100,000 50,000 50,000 [14] Kitchener St. Sewer Separation 50,000 50,000 0 King Eddy Fencing 50,000 50,000 0 N.S. & T. Trail Stage 1 Improvement 50,000 50,000 0 Fireman's Park 200,000 0 200,000 [8] Coronation Centre Kitchen Expansion 70,000 70,000 0 Pylon Signs/Clocks Retrofit 50,000 0 50,000 [8] Gale Centre Compressor 110,000 110,000 0 Battle Ground Hotel Roof 35,000 35,000 0 City Hall Interior Office Space Planning Design 30,000 30,000 0 Info SWMM and Water Modelling Software (MW)50,000 0 50,000 [10] Gale Centre Security Cameras 25,000 25,000 0 Chippawa Arena Security Cameras 20,000 16,925 3,075 [6] Stamford Library Branch - Phase 2 760,000 760,000 0 3,297,660 2,862,054 435,606 Additional Transfers: Bukator & Rapidsview Drive Sewer Separation - additional funds MW- 2019-21 128,800 128,800 0 128,800 128,800 0 Total Debt Avoidance/ Capital Investment 17,466,901 15,865,598 1,601,303 Page 30 of 45 Page 740 of 990 Attachment 6 April 1, 2018 - March 31, 2019 OLG Detail F-2023-23 October 24, 2023 Original OLG Funding Committed Revised OLG Funding Committed Difference Notes Economic Development: Total Economic Development 0 0 0 [4] Policing: Policing 4,200,000 4,200,000 0 Total Policing 4,200,000 4,200,000 0 Total Commitments 28,411,323 26,810,020 1,601,303 Funding Received 23,956,867 Amount carried forward from prior years 5,677,903 Uncommitted amount to carry forward to future years 2,824,750 Notes from F-2019-45 December 10, 2019 Annual OLG Update Report: [1]Project cancelled September 10, 2019 , MW-2019-25. Money can be repurposed. [2]Council put project on hold for staff to revise amount of design monies requested. Staff revised design total from $200,000 to $80,000 through MW-2019-11 with funding coming from DC's and Capital Special Purpose Reserves. OLG funding can be recommitted. [3]Project was cancelled. Surplus funds can be recommitted. [4]Hotel Tax came into effect January 1, 2019 and traditional Economic Development commitments to NFT and WFOL were no longer paid with OLG funds. These groups approach Niagara Falls Canada Hotel Association for funding moving forward. Notes from F-2022-43 November 22, 2022 Annual OLG Update Report: [5]Projects closed and completed over or under budget (F-2022-40) [6]Projects closed and completed over or under budget (F-2021-45) [7]OLG Funding was replaced with debt per F-2021-56 [8]OLG Funding was replaced with debt per F-2020-51 [9]Additional funding was not required due to unexpected external funding received. [10]Project cancelled per F-2021-56 [11]Additional OLG Funds requested per F-2022-40 Page 31 of 45 Page 741 of 990 Attachment 6 April 1, 2018 - March 31, 2019 OLG Detail F-2023-23 October 24, 2023 Original OLG Funding Committed Revised OLG Funding Committed Difference Notes Notes from F-2023-23 October 24, 2023 Annual OLG Update Report: [12]Project cancelled F-2023-23 [13]Projects closed and completed under budget (F-2023-24) [14]Project funding adjusted to match Regional Funding award Page 32 of 45 Page 742 of 990 Attachment 7 April 1, 2019 - December 31, 2019 (9 months) OLG Detail F-2023-23 October 24, 2023 City of Niagara Falls April 1, 2019 - December 31, 2019 (9 months) OLG Detail Original OLG Funding Committed Revised OLG Funding Committed Difference Notes Property Tax Relief: Historical Tax Subsidy 2,250,000 2,250,000 0 [1] 2014 Tax Subsidy for Change in Regional Policy (F-2014-23)2,171,250 2,171,250 0 [1] Niagara District Airport Commission Capital - 2020 116,963 116,393 570 [3] Total Property Tax Relief 4,538,213 4,537,643 570 Hospital: 2.0% of Funding Received 362,925 362,925 0 Total Hospital 362,925 362,925 0 Debt Avoidance/Capital Investment: 2020 Capital Budget (approved Dec. 10, 2019): Municipal Works 2020 Sidewalk Replacement Program 26,489 26,489 0 Millennium Trail Fencing 93,492 93,492 0 Fleet Equipment Replacement 2,136,765 2,136,765 0 Parks & Cemetery Oakes Park Improvements for Canada Summer Games 1,520,000 0 1,520,000 [4] Warren Woods West Park Development 80,000 80,000 0 Fern Park Trail Development 35,000 35,000 0 Warren Woods East Park Development 37,500 37,500 0 Playground Improvement Program 1,099,000 1,099,000 0 Master Planning Future Cemetery Development 120,000 120,000 0 Redevelopment of Lundy's Lane Cemetery Corner 15,000 15,000 0 Road Repair Program 50,000 50,000 0 Wet & War Dead Monument Restoration 20,000 20,000 0 Sea Container Storage Installation at Fairview Cemetery 25,000 20,670 4,330 [5] Supply & Installation of Niche Cabinet - Stamford 30,000 30,000 0 Page 33 of 45 Page 743 of 990 Attachment 7 April 1, 2019 - December 31, 2019 (9 months) OLG Detail F-2023-23 October 24, 2023 Original OLG Funding Committed Revised OLG Funding Committed Difference Notes Transit In-Ground 3 Post Hoist (Artic Buses)132,016 0 132,016 [4] Bridge St. Multi-Modal Hub 440,055 0 440,055 [4] Implementation of New Farebox System 293,370 0 293,370 [6] Intermunicipal Layby Construction 146,685 0 146,685 [13] Supervisors Vehicle 20,536 12,436 8,100 [12] Brakemate 25,300 0 25,300 [7] Shelter and Washroom at Niagara Square 357,500 0 357,500 [13] Traffic & Parking Traffic Calming Program 8,297 8,297 0 Traffic Signal - Full Rebuild Program 500,000 500,000 0 Trainfo (11 Sensors)58,800 58,800 0 SCG Warning Flasher Program 15,000 12,326 2,674 [8] City Wide Parking Strategy 75,000 75,000 0 Fire Fire Tanker Truck 550,000 550,000 0 Personal Protective Equipment (Bunker Gear)68,657 68,657 0 NG 9-1-1 Consultant 200,000 200,000 0 Training Tower Upgrade - Props 100,000 100,000 0 Training Ground Upgrade - Survival House 30,000 30,000 0 Planning & Building Replacement batteries - UPS System 8,300 7,443 857 [12] Prince Charles Pool Floor Replacement 16,800 16,800 0 Fire Station 1 Building Improvements 82,500 82,500 0 Fire Station 2 Building Improvements 160,600 30,000 130,600 [10] Fire Station 3 Building Improvements 52,580 27,280 25,300 [10] Fire Station 4 Building Improvements 37,400 14,400 23,000 [10] Fire Station 6 Building Improvements 202,710 157,610 45,100 [10] Firehall Theatre Building Improvements 22,000 0 22,000 [10] Lundy's Lane Cemetery Operations & Maintenance Building 17,820 0 17,820 [10] Page 34 of 45 Page 744 of 990 Attachment 7 April 1, 2019 - December 31, 2019 (9 months) OLG Detail F-2023-23 October 24, 2023 Original OLG Funding Committed Revised OLG Funding Committed Difference Notes Recreation & Culture Recreation & Culture 10 year Master Plan 64,000 64,000 0 Design and Community Consultation for Chippawa Willoughby Arena and Library Improvements 120,000 120,000 0 Design Opertions for new Sports Wall of Fame 10,000 10,000 0 Battleground Hotel Fencing 10,000 9,317 683 [5] General Government & Information Systems Park St. Affordable Housing Site 328,607 328,607 0 Exterior Security Cameras - MacBain 54,000 54,000 0 IS - Dell Stoage Area Network 140,000 137,839 2,161 [5] NRBN Cisco VoIP Phone Upgrades 95,000 90,941 4,059 [8] Exterior Security Cameras - Fairvew 17,000 14,095 2,905 [5] Legal Services - File/Knowledge Management Software 45,000 0 45,000 [9] Fire - Sinirji Monitors for Station 2, 3, 5 & 6 Bays 20,000 19,278 722 [8] 9,813,779 6,563,542 3,250,237 Additional Transfers: John N. Allan Park Tennis and Basketball Courts Development (MW-2019-27) 110,000 69,154 40,846 [12] 110,000 69,154 40,846 Total Debt Avoidance/ Capital Investment 9,923,779 6,632,696 3,291,083 Economic Development: Niagara Falls Ryerson Innovation Hub 472,955 [11] Total Economic Development 0 472,955 0 Policing: Policing 3,150,000 3,150,000 0 [1] Total Policing 3,150,000 3,150,000 0 Total Commitments 17,974,917 15,156,219 3,291,653 Funding Received 18,146,271 [1] Interest earned on Reserve Fund 22,236 [2] Amount carried forward from prior years 2,824,750 Uncommitted amount to carry forward to future years 5,837,038 Page 35 of 45 Page 745 of 990 Attachment 7 April 1, 2019 - December 31, 2019 (9 months) OLG Detail F-2023-23 October 24, 2023 Original OLG Funding Committed Revised OLG Funding Committed Difference Notes Notes from F-2020-24 June 23, 2020 Annual OLG Update Report: [1]Commitments and funding based on the 9 month period April 1 to December 31, 2019. [2]Staff transferred OLG Special Purpose Reserve to a Reserve Fund in September 2019. Interest earned on reserve funds are allocated back to the reserve fund as opposed to special purpose reserves where interest earned is left in the property tax budget. Notes from F-2022-43 November 22, 2022 Annual OLG Update Report: [3]Amount transferred was transposed. Difference was absorbed in property tax budget. [4]OLG Funding was replaced with debt per F-2021-56 [5]Projects closed and completed over or under budget (F-2021-45) [6]OLG Funding was replaced with Provincial Gas Tax Funding per F-2022-40 [7]Project cancelled per F-2021-56 [8]Projects closed and completed over or under budget (F-2022-40) [9]Funds reallocated per F-2021-56 [10]Funds reprioritized through the 2021 Capital Budget [11]FedDev Grant announced July 2019 well after the budget passed. Decision was made to fund the first year of the grant with OLG Funds. Notes from F-2023-23 October 24, 2023 Annual OLG Update Report: [12]Projects closed under budget F-2023-24 [13]OLG Funding was replaced with Provincial Gas Tax Funding per F-2022-51 Page 36 of 45 Page 746 of 990 Attachment 8 January 1, 2020 - December 31, 2020 OLG Detail F-2023-23 October 24, 2023 City of Niagara Falls January 1, 2020 - December 31, 2020 OLG Detail Original OLG Funding Committed Revised OLG Funding Committed Difference Notes Property Tax Relief: Historical Tax Subsidy 3,000,000 2,189,984 810,016 [2] 2014 Tax Subsidy for Change in Regional Policy (F-2014-23)2,895,000 0 2,895,000 [2] Niagara District Airport Commission Capital - 2021 0 0 0 Total Property Tax Relief 5,895,000 2,189,984 3,705,016 Hospital: 2.0% of Funding Received 79,488 79,488 0 Total Hospital 79,488 79,488 0 Debt Avoidance/Capital Investment: 2021 Capital Budget (approved in full Jan. 19, 2021): Planning & Building City Hall Replacement Main Hydro Disconnect 17,600 17,600 0 City Hall Water Fall Pump House Replacement 15,500 15,500 0 Old Fire Station #6 Decommision Cistern & Sewage Holding 22,000 22,000 0 WEGO Upgrade BAS 33,000 0 33,000 [2] Gale Arena Upgrade BAS 60,500 60,500 0 Fire Admin Building HVAC Improvements 66,000 66,000 0 Fire Admin Building Window Replacements Year 2 of 4 11,000 11,000 0 Fire Station #4 Parking Lot Barriers 20,000 20,000 0 City Hall Replacement Server Room HVAC 8,000 8,000 0 City Hall Replacement Cooling Tower Float System 10,220 10,220 0 Total Debt Avoidance/ Capital Investment 263,820 230,820 33,000 Economic Development: NF Ryerson Innovation Hub Fed Dev Grant (Year 2 of 4)739,230 779,354 (40,124)[3] Total Economic Development 739,230 779,354 (40,124) Page 37 of 45 Page 747 of 990 Attachment 8 January 1, 2020 - December 31, 2020 OLG Detail F-2023-23 October 24, 2023 Original OLG Funding Committed Revised OLG Funding Committed Difference Notes Policing: Casino Patrol Unit (18% of funding received)715,390 715,390 0 [4] Total Policing 715,390 715,390 0 Total Commitments 7,692,928 3,995,036 3,697,892 Funding Received 3,974,389 [1] Interest earned on Reserve Fund 4,825 Amount carried forward from prior years 5,837,038 Uncommitted amount to carry forward to future years 5,821,216 Notes from F-2020-24 June 23, 2020 Annual OLG Update Report: [1]Funding represents Q1 payment, January 1 to March 31, 2020 received April 21, 2020 Due to COVID Casino closed March 17, 2020 until July 23, 2021 Notes from F-2022-43 November 22, 2022 Annual OLG Update Report: [2]Project cancelled (F-2022-40) [3]Actual eligible grant submissions exceeded budget planned for 2020. With a 4 year program it's normal to see fluctuations year over year to the budget versus actual. At the end of the 4 years the total spend would not exceed the total FedDev approved amount. [4]Effective in 2020 when the Casino closed and no OLG funds were received the Casino Policing Patrol unit was put on notice they would no longer receive a flat rate of $4,200,000 per year for the Casino policing service but rather the City would maintain the same historical percent of OLG funds transferred to Police which is 18% of the funds received. Page 38 of 45 Page 748 of 990 Attachment 9 January 1, 2021 - December 31, 2021 OLG Detail F-2023-23 October 24, 2023 City of Niagara Falls January 1, 2021 - December 31, 2021 OLG Detail Original OLG Funding Committed Revised OLG Funding Committed Difference Notes Property Tax Relief: Historical Tax Subsidy 3,000,000 3,000,000 0 2014 Tax Subsidy for Change in Regional Policy (F-2014-23)2,895,000 2,895,000 0 Niagara District Airport Commission Capital - 2021 0 0 0 Total Property Tax Relief 5,895,000 5,895,000 0 Hospital: 2.0% of Funding Received 171,151 171,151 0 Total Hospital 171,151 171,151 0 Debt Avoidance/Capital Investment: 2022 Capital Budget (approved Nov. 16, 2021): Municipal Works Steam Unit 66,000 60,745 5,255 [3] Schisler Road Bridge Rehabilitation 46,885 46,885 0 Parks & Cemetery Tennis & Basketball Court Improvements 750,000 267,500 482,500 [1] Corwin Park Trail Development 31,000 31,000 0 Two 72 Niche Granite Columbaria in Fairview Cemetery 160,000 160,000 0 Traffic & Parking Traffic Calming Projects - Various Locations 43,500 43,500 0 Fire Fund Squad 1 - Vehicle Purchase 160,000 160,000 0 Planning & Building City Hall Brickwork 768,851 768,851 0 Recreation & Culture MacBain Community Centre Pylon Sign & Millennium Clock Retrofit 100,000 100,000 0 Page 39 of 45 Page 749 of 990 Attachment 9 January 1, 2021 - December 31, 2021 OLG Detail F-2023-23 October 24, 2023 Original OLG Funding Committed Revised OLG Funding Committed Difference Notes General Government & Information Systems Smart City Initiative 200,000 200,000 0 Park St. Decomissioning & Soil Remediation 1,436,135 1,086,074 350,061 [3] 3,762,371 2,924,555 837,816 F-2022-40 Additional Capital Approvals: Stained Glass at Lundy's Lane Cemetery 57,500 57,500 0 Equipment Tracking Pilot 50,000 50,000 0 107,500 107,500 0 Total Debt Avoidance/ Capital Investment 3,869,871 3,032,055 837,816 Economic Development: 0 0 0 Total Economic Development 0 0 0 Policing: Casino Patrol Unit (18% of funding received)1,540,360 1,540,360 0 Total Policing 1,540,360 1,540,360 0 Total Commitments 11,476,382 10,638,566 837,816 Funding Received 8,557,556 [2] Interest earned on Reserve Fund 14,147 Amount carried forward from prior years 5,821,216 Uncommitted amount to carry forward to future years 3,754,353 Notes from F-2022-43 November 22, 2022 Annual OLG Update Report: [1]OLG Funding returned due to additional grant money received F-2022-40 [2]Funding represents Q3 and Q4 payments, July 23, 2021 to December 31, 2021 Due to COVID Casino closed March 17, 2020 until July 23, 2021 Notes from F-2023-23 October 24, 2023 Annual OLG Update Report: [3]Projects closed under budget F-2023-24 Page 40 of 45 Page 750 of 990 Attachment 11 January 1, 2023 - September 30, 2023 OLG Detail F-2023-23 October 24, 2023 City of Niagara Falls January 1, 2023 - September 30, 2023 OLG Detail Original OLG Funding Committed Revised OLG Funding Committed Difference Notes Property Tax Relief: Historical Tax Subsidy 3,000,000 3,000,000 0 2014 Tax Subsidy for Change in Regional Policy (F-2014-23)2,090,000 2,090,000 0 [1] Niagara District Airport Commission Capital - 2023 130,133 130,133 0 Niagara Health Foundation 2023 - Final Payment 200,000 200,000 0 Total Property Tax Relief 5,420,133 5,420,133 0 Debt Avoidance/Capital Investment: 2024 Capital Budget: Budget being presented to Council November 28, 2023 so no OLG funds have been committed as of the date of writing this report. Amount available to be committed is shown below. In addition the City will receive the Q3 payment on October 21. Total Debt Avoidance/ Capital Investment 0 0 0 Economic Development: NF Ryerson Innovation Hub Fed Dev Grant (Year 4 of 4)179,374 179,374 0 Total Economic Development 179,374 179,374 0 Social Services: 2023 levy budget allocation 350,000 350,000 0 Total Social Services 350,000 350,000 0 Policing: Casino Patrol Unit (18% of funding received)1,858,670 1,858,670 0 Total Policing 1,858,670 1,858,670 0 Page 41 of 45 Page 751 of 990 Attachment 11 January 1, 2023 - September 30, 2023 OLG Detail F-2023-23 October 24, 2023 Original OLG Funding Committed Revised OLG Funding Committed Difference Notes Total Commitments 7,808,177 7,808,177 0 Funding Received 10,325,943 [2] Interest earned on Reserve Fund 0 Amount carried forward from prior years 5,461,236 Uncommitted amount to carry forward to future years 7,979,002 Notes from F-2023-23 October 24, 2023 Annual OLG Update Report: [1]Council agreed to reduce the OLG property tax subsidy annually in the levy budget by 50% of the amount of growth the City receives in new taxation revenue effective for the 2022 levy budget. The historical subsidy amount of $5,895,000 (2013-2021) has been reduced as follows: Historical subsidy amount (2013-2021)5,895,000 50% new taxation revenue reduction: 2022 reduction (401,686) 2023 reduction (403,314) Revised property tax subsidy amount:5,090,000 [2]Funding received represents Q1-Q2. Q3 payment will be received October 21, 2023, Q4 payment will be received January 21, 2024 both will be included in the next annual update of OLG spending report. Page 42 of 45 Page 752 of 990 Attachment 10 January 1, 2022 - December 31, 2022 OLG Detail F-2023-23 October 24, 2023 City of Niagara Falls January 1, 2022 - December 31, 2022 OLG Detail Original OLG Funding Committed Revised OLG Funding Committed Difference Notes Property Tax Relief: Historical Tax Subsidy 3,000,000 3,000,000 0 2014 Tax Subsidy for Change in Regional Policy (F-2014-23)2,493,314 2,493,314 0 [1] Total Property Tax Relief 5,493,314 5,493,314 0 Hospital: 2.0% of Funding Received 290,230 290,230 0 Total Hospital 290,230 290,230 0 Debt Avoidance/Capital Investment: 2023 Capital Budget (approved November 22, 2022): Municipal Works Environmental Studies at 4555 Erie Avenue (West)620,000 620,000 0 Parks Pickleball Facility Development 350,000 350,000 0 Urban Forest Management Plan Development 100,000 100,000 0 MacBain C.C. Skateboard Park Improvements 60,000 60,000 0 Cemetery Development of Lundy's Lane Cemetery Corner 65,000 65,000 0 Detailed Design of Future Cemetery Site 450,000 450,000 0 Landscaping Upgrades to Cenotaph 35,000 35,000 0 Restoration of Historic Double Gate 35,000 35,000 0 Traffic Network Screening & Vision Zero Development 100,000 100,000 0 Traffic Signal Rebuild 450,000 450,000 0 Traffic Calming Projects 60,000 60,000 0 Parking Parking Enforcement Software Upgrade 30,000 30,000 0 Electric Vehicle Charging stations at NF Exchange 20,000 20,000 0 Page 43 of 45 Page 753 of 990 Attachment 10 January 1, 2022 - December 31, 2022 OLG Detail F-2023-23 October 24, 2023 Original OLG Funding Committed Revised OLG Funding Committed Difference Notes Fire Squad 1 75,000 75,000 0 Fire Station #3 - Provision for Urgent Repairs 150,000 150,000 0 Planning & Building Streamline Development Approvals 167,161 167,161 0 General Government Space Renovation and Moves 500,000 500,000 0 Participatory Budgeting Pilot Project 200,000 200,000 0 Information Systems New Backup Solution 425,000 400,243 24,757 [2] CS - New ERP Solution - Phase 1 2,100,000 2,100,000 0 Information Systems Master Plan 75,000 75,000 0 Camera Upgrades at MacBain Community Centre 20,000 20,000 0 LGL - Legal Files 30,000 30,000 0 Camera Upgrades at the Service Center 70,000 70,000 0 Disaster Recovery Project 203,359 203,359 0 6,390,520 6,365,763 24,757 F-2023-24 Additional Capital Approvals: Gale Centre 287,780 287,780 0 Fleet Replacement - Pumper 5 900,000 900,000 0 Drummond, Portage & Gallinger Road 535,000 535,000 0 1,722,780 1,722,780 0 Total Debt Avoidance/ Capital Investment 8,113,300 8,088,543 24,757 Economic Development: 0 0 0 Total Economic Development 0 0 0 Policing: Casino Patrol Unit (18% of funding received)3,410,046 3,410,046 0 Total Policing 3,410,046 3,410,046 0 Page 44 of 45 Page 754 of 990 Attachment 10 January 1, 2022 - December 31, 2022 OLG Detail F-2023-23 October 24, 2023 Original OLG Funding Committed Revised OLG Funding Committed Difference Notes Total Commitments 17,306,890 17,282,133 24,757 Funding Received 18,944,700 Interest earned on Reserve Fund 44,316 Amount carried forward from prior years 3,754,353 Uncommitted amount to carry forward to future years 5,461,236 Notes from F-2022-43 November 22, 2022 Annual OLG Update Report: [1]Council agreed to reduce the OLG subsidy annually in the levy budget by 50% of the amount of growth the City receives in new taxation revenue effective for the 2022 levy budget. The historical subsidy amount of $5,895,000 has been reduced by $401,686 in 2022 to $5,493,314. Notes from F-2023-23 October 24, 2023 Annual OLG Update Report: [2]Project closed under budget F-2023-24 Page 45 of 45 Page 755 of 990 MW-2023-28 Report Report to:Mayor and Council Date:October 24, 2023 Title:Beck Road Bridge Replacement Tender Award Recommendation(s) 1. That the contract be awarded to the lowest bidder Rankin Construction Inc. at the bid price of $3,459,403.00 excluding HST; 2. And that Council approve an exception to Policy 311.02, Consultant Selection Policy to permit a direct appointment in excess of $100,000; 3. And that Council approve a direct appointment to Ellis Engineering Inc. in the amount of $223,040.00 excluding HST for contract administration and inspection services for the Beck Road Bridge Replacement project; 4. And that the Mayor and City Clerk be authorized to execute the necessary contract documents. Executive Summary Beck Road Bridge, located on Beck Road approximately 180m south of Lyons Creek Road, spans Lyon’s Creek providing one (1) lane of traffic in each direction. The bridge was built in 1952 and is in need of replacement. In the vicinity of the existing bridge supports, groups of American Water Willow plants were discovered along the shoreline in Lyon’s Creek. This plant is a threatened species in Ontario. Special requirements and conditions must be met in order to complete the bridge replacement without adversely affecting the plants and their habitat. There is sufficient funding available in the capital budget to complete this capital project. Background Beck Road Bridge is a three (3) span concrete arch bridge supported by concrete abutments at the north and south ends and by concrete piers in the mid-sections. The structure’s located on Beck Road approximately 180m south of Lyons Creek Road and provides one (1) lane of traffic in each direction (two (2) lanes total). The bridge was constructed in 1952 and is in need of replacement. The City worked with Ellis Engineering to prepare a detailed design for the replacement of the existing bridge, with initial plans to tender the project in 2020. Leading up to initial tendering, groups of American Water Willow (AWW) plants were discovered at the bridge site. The plants were identified along the shorelines in the water around the Page 1 of 6 Page 756 of 990 bridge abutments and in other areas upstream and downstream of the bridge. AWW is classified as threatened in Ontario Regulation 230/08 “Species at Risk in Ontario List”. Performing construction work that will impact a threatened species and its habitat requires a permit under the Endangered Species Act. Over the past three (3) years, the City and its team of local experts has worked with the Ministry of the Environment, Conservation and Parks (MECP) to develop a plan that will ensure the protection of the plants before, during, and after construction as well as provide an overall benefit to the species. On June 23, 2023 the MECP issued permit to the City officially allowing the bridge replacement project to move forward. Analysis After various inspections, Beck Road Bridge has been determined to be in poor condition, and in need of replacement. Deterioration includes large concrete spalls, wide concrete cracks, and severe scour on the concrete piles and abutments. The new bridge being proposed is designed for a service life of 75 years. The works consist of replacing the narrow three-span, 32m-long concrete rigid frame bridge with a new single-span, 32m-long concrete box girder bridge with 8.5m total roadway width. In order to remove the existing bridge and construct the new one in its place, Beck Road will need to be closed to through traffic for the duration of construction. The contractor will be required to set up and maintain the following detour route during construction: Beck Road – Marshall Road – Stanley Avenue – Rexinger Road – Stanley Avenue – Lyons Creek Road – Beck Road. Prior to the initial planned tendering in late 2020, the City engaged the area residents with notice packages that included detailed information about the project including the need for a road closure and detour. Residents were also encouraged to visit the dedicated project page on the Let’s Talk Niagara Falls website. Local area residents will receive additional notification before construction starts. To maintain compliance with the conditions of the permit for working with and around the AWW, the City has retained Land Care Niagara (LCN) and Sassafras Farms to oversee the site and carry-out the prescribed translocation and propagation of the plants. Plants within the immediate vicinity of the bridge have already been removed and relocated to a designated zone in Ussher’s Creek with a portion being held in a specially designed pond at Sassafras Farms. Following the completion of the bridge construction, plants will be reintroduced to the area in Lyon’s Creek. The permit requires the City to monitor the plants at Lyon’s Creek and Ussher’s Creek and report findings to the MECP for up to five (5) years. Page 2 of 6 Page 757 of 990 Bidding was conducted electronically and tenders were received through the City’s Bids & Tenders platform with a closing date on Tuesday October 3rd, 2023 at 2:00 p.m. Listed below is a summary of the tender prices, excluding HST, received from the bidders. Contractor City Tender Price (Excludes HST) Rankin Construction Inc.St. Catharines $3,459,403.00 Clearwater Structures Inc.Ajax $4,923,865.00 GIP Construction and Materials Limited Thornhill $5,950,028.70 PERFORMCrete Inc.North York $5,373,550.35 The lowest tender was submitted by Rankin Construction Inc. in the amount of $3,459,403.00 excluding HST. This contractor has performed similar type projects for the City in the past. Ellis Engineering Inc. prepared the detailed design for the bridge replacement and played a leading role in the process to obtain the AWW permit from the MECP. Their specific knowledge of the bridge design, site characteristics, and AWW is an invaluable asset for this critical infrastructure project. Therefore, in an effort to minimize risk and protect the interests of the City and local area residents, it is recommended to procure construction administration and inspection services from the design consultant, Ellis Engineering Inc. in the amount of $223,040.00 excluding HST. Construction is anticipated to start early January 2024 with a targeted completion date of September 30th, 2024. Financial Implications/Budget Impact Construction funding for the Beck Road Bridge Replacement project was approved in the 2020 and 2022 capital budgets. Taking into consideration current commitments, there is approximately $4,450,000.00 available in the capital account for this project (BC 1). The tender bid price and construction-related expenses such as contract administration, inspection, materials testing, and expenses related to the AWW are expected to fall within the available budget. The following is a summary of expected project costs: Construction Contract $3,459,403.00 Contract Administration & Inspection $223,040.00 Geotechnical & Environmental Testing $60,000.00 AWW Management & Reporting $150,000.00 Page 3 of 6 Page 758 of 990 Non-recoverable HST (1.76%) $68,507.00 Total $3,960,950.00 There is sufficient funding available in the capital budget to complete this capital project. - Strategic/Departmental Alignment Implementation of this capital project meets the intent of Council’s Strategic Priority to establish infrastructure sustainability within the City. List of Attachments Replacement of Beck Road Bridge - Existing Bridge Replacement of Beck Road Bridge - New Bridge Written by: Eric Lallouet, Senior Project Manager/Construction Submitted by:Status: Erik Nickel, General Manager of Municipal Works Approved - 17 Oct 2023 Page 4 of 6 Page 759 of 990 EXISTING BRIDGE: • Three-span, 32m-long concrete rigid frame bridge, constructed in 1952 • Narrow bridge (6.0m total roadway width over the structure) • In poor condition • Deterioration includes: Large concrete spalls, wide concrete cracks, and severe scour on the concrete piles and abutments • Load limit posting of 12 tonnes • Recommended to be replaced as per the biennial bridge inspection REPLACEMENT OF BECK ROAD BRIDGE (S104B) BECK ROAD OVER LYONS CREEK 180m SOUTH OF LYONS CREEK ROAD IN THE CITY OF NIAGARA FALLS Beck Road Bridge Page 5 of 6Page 760 of 990 NEW BRIDGE: • New single-span, 32m-long, concrete box girder bridge • Two 3.25m-wide vehicular lanes and two 1.0m-wide paved Shoulders over the structure (8.5m total roadway width) • New architectural concrete barrier walls and railings • Existing bridge will be removed and replaced in the same location • The underside of the new bridge will match the elevation of the underside of the existing bridge • The roadway at the bridge will be raised approximately 1.0m to accommodate the new bridge girders • Estimated start of construction: January 2021 • Estimated duration of construction: 12 months REPLACEMENT OF BECK ROAD BRIDGE (S104B) BECK ROAD OVER LYONS CREEK 180m SOUTH OF LYONS CREEK ROAD IN THE CITY OF NIAGARA FALLS Preliminary renderings of the new bridge Page 6 of 6Page 761 of 990 PBD-2023-63 Report Report to:Mayor and Council Date:October 24, 2023 Title: Exemption to Plan of Condominium 26CD-11-2023-004 6701 Thorold Stone Road Applicant: 2851901 Ontario Inc. Agent: NPG Planning Solutions (Aaron Butler) Recommendation(s) 1. That Council exempt the condominium description from approvals required under Section 51 and Section 51.1 of the Planning Act for lands municipally known as 6701 Thorold Stone Road, as identified in Schedule 1, pursuant to Sections 9(3)(b) and 9(7) of the Condominium Act; 2. That the Certificate of Exemption, required to be issued by the City under Sections 9(3)(b) and 9(7) of the Condominium Act, be conditional on submission to the City of the final condominium plan for compliance review with the registered site plan agreement prior to registration; and 3. That Council pass the by-law on tonight’s agenda. Executive Summary The subject property (see Schedule 1 - location map) has site specific zoning which permits two stacked townhouses with 16 dwelling units. The applicant wishes to sell individual condominium units within the buildings. The applicant has requested an exemption from draft plan approval under the provisions in the Condominium Act, 1998, which provides a mechanism to proceed directly to final approval when all relevant planning considerations have been satisfied. The property is subject to a municipal Site Plan Agreement (see Schedule 2 for the approved site plan drawing) which governs the development of the site including building locations, driveways and parking, landscaped areas, servicing and site Page 1 of 7 Page 762 of 990 services, and on-site lighting. The buildings are currently under construction (see Schedule 3 - condominium plan). Staff has reviewed the standard development requirements and found that all aspects of development including site works, servicing, landscaping and vehicle access have been met through the Site Plan approval process. Sufficient securities remain in place to ensure all on-site works are completed. Therefore, staff can support the request for exemption from draft plan of condominium approval process. Background The subject property is designated Residential and is zoned Residential Apartment 5B Density (R5B-994) in accordance with Zoning By-law No. 79-200, as amended by By- law No. 2014-036 and further amended by Committee of Adjustment Application A- 2016-024. The applicant wishes to sell individual units within the buildings under condominium ownership and has requested an exemption from draft approval requirements of the Planning Act. Provisions in the Condominium Act, 1998, provide a mechanism to proceeding directly to final approval where all relevant planning considerations have been reviewed and found to be acceptable. The property is being developed in accordance with a registered Site Plan Agreement (see Schedule 2 for the approved site plan drawing) which governs the development of the site including building locations, driveways and parking, landscaped areas, servicing site services and on-site lighting. SITE CONDITIONS AND SURROUNDING USES The proposal has been issued Building Permits and is currently under development in accordance with the registered Site Plan Agreement, which requires the owner to maintain services and utilities (i.e. access ramp, visitor parking, sidewalks, grading, garbage areas, landscaping) located on the subject lands. To the north are townhouse dwellings; to its east are a mix of a detached dwelling and apartment building; to the south are a mix of detached dwelling units, apartment dwelling and a commercial plaza; and, to the west townhouse dwellings. Analysis The Condominium Act, 1998, Section 9, contains provisions permitting an application for a condominium to proceed directly to final approval, thereby by-passing the draft plan approval requirements. The municipality must be satisfied that criteria of Section 51 of the Planning Act have been met. This includes conformity with the Official Plan; the suitability of the land for the intended purpose; land use restrictions; and, adequacy of municipal services among other matters. Page 2 of 7 Page 763 of 990 The property was rezoned in 2014 by site specific By-law No. 2014-36 for the current use. The development is being constructed in compliance with the land use regulations. During the Site Plan Approval process, the development was reviewed regarding the adequacy of the road network and site serving requirement. The Site Plan Agreement is registered on the property and transfers with the title of the property. Sufficient financial deposits are held by the City to ensure on-site works will be completed to the City’s satisfaction. Staff has reviewed the standard development requirements and found that through the Site Plan process, all aspects of development including attaining the building permits, site works, and servicing are proceeding as the site is currently under construction. Sufficient securities remain in place to ensure all remaining on-site works, such as landscaping, paving, and providing sufficient lighting are completed. Therefore, staff can support the request for exemption from draft plan of condominium. Operational Implications and Risk Analysis Not Applicable. Financial Implications/Budget Impact The proposed development will generate development charge contributions and property tax revenue for the City. The property is subject to the City’s Parkland dedication by-law. Parkland dedication was taken at the time of the Building Permit issuance. Strategic/Departmental Alignment The proposed stacked townhouses support the Diverse Housing Strategic Priority by providing housing to meet the needs of people of all ages, incomes and abilities. List of Attachments Schedule 1 - Location Map Schedule 2 - Site Plan v2 Schedule 3 - Condominium Plan v2 Written by: Nick DeBenedetti, Planner 2 Submitted by:Status: Andrew Bryce, Director of Planning Approved - 17 Oct 2023 Kira Dolch, General Manager, Planning, Building & Approved Page 3 of 7 Page 764 of 990 Development - 17 Oct 2023 Erik Nickel, General Manager of Municipal Works Approved - 17 Oct 2023 Page 4 of 7 Page 765 of 990 SCHEDULE 1 LOCATION MAP Page 5 of 7 Page 766 of 990 SCHEDULE 2 SITE PLAN Page 6 of 7 Page 767 of 990 SCHEDULE 3 CONDOMINIUM PLAN Page 7 of 7 Page 768 of 990 PBD-2023-064 Report Report to:Mayor and Council Date:October 24, 2023 Title: 26T-11-2019-001 Extension of Riverfront Draft Plan of Subdivision North Side of Chippawa Parkway; East Side of Dorchester Road Applicant: Centennial Homes (Niagara) Inc. (Joe Candeloro) Agent: Upper Canada Consultants (William Heikoop) Recommendation(s) 1. That Council grant an 18-month extension to draft plan approval for the Riverfront Draft Plan of Subdivision, with a new lapsing date of April 30th, 2025. 2. That subject to subsection 51(47) of the Planning Act, 1990 R.S.O. Council consider passing the resolution in tonight’s agenda to deem the changes proposed to the conditions of approval to be minor, and determine that no further written notice is required. Executive Summary City Council approved the Riverfront Draft Plan of Subdivision on October 6th, 2020. Draft plan approval is set to lapse on October 30th, 2023. Centennial Homes (Niagara) Inc. has requested to extend draft plan approval for a period of three years to accommodate the proposed multi-year Phasing Plan and the required Environmental Compliance Approval process. Staff are satisfied that the Draft Plan of Subdivision remains in compliance with Provincial, Regional and City policies, applicable zoning regulations, and development standards, and recommend that an extension of 18 months is granted to ensure that final approval is achieved in a timely manner. Minor changes to the conditions of draft plan approval are also recommended. Page 1 of 44 Page 769 of 990 Background Proposal On October 6th, 2020, City Council approved the recommendations of Report No. PBD- 2020-64 relating to the Zoning By-law Amendment (AM-2019-004) and Draft Plan of Subdivision (26T-11-2019-001) applications for 77.4 hectares of land located on the north side of Chippawa Parkway, east of Dorchester Road. A Location Map is attached as Schedule 1. The Draft Plan of Subdivision subdivides the subject lands into seven blocks for residential development (Blocks 1 to 6 and 12), one block for mixed-use development (Block 13), three blocks for open space purposes (Blocks 7, 9 and 16), four blocks for environmental protection (Blocks 8, 10, 11 and 14), one block for road widening purposes (Block 15), one block designated as other lands owned by the applicant (Block 17), and six new streets that are to be dedicated as public highways (Streets A to F). The approved Draft Plan of Subdivision is attached as Schedule 2. Draft plan approval was granted for a period of three years, subject to the conditions listed in Appendix 1, and is set to expire on October 30th, 2023. Council’s decision to approve the concurrent Zoning By-law Amendment application was appealed to the Ontario Land Tribunal (OLT) by a member of the public. Although the appeal was subsequently dismissed without a hearing by the OLT, the appellant then appealed the decision of the OLT to the Divisional Court. The appeal was ultimately dismissed on May 16th, 2022, and the zoning is in force and effect, thus satisfying Condition No. 5 (refer to Appendix 1). The applicant has submitted a request (Appendix 2), to extend draft plan approval for a period of three years, which would establish a new lapsing date of October 30th, 2026. A Phasing Plan (Schedule 3) has been prepared and submitted with the extension request. Phase 1 will facilitate the build-out of Block 12 and Block 16 (the proposed pumping station) and the dedication of the road widening (Block 15); whereas Phase 2 will facilitate the build-out of Blocks 1 to 6 and 13. The applicant has advised that the two phases of development are expected to occur over the course of several years. Analysis The following conditions of draft plan approval have been cleared to date: August 2021 - GR (CAN) Investment Co. Ltd. (previous applicant / owner of the subject lands) submitted a package to clear conditions of draft plan approval related to the detailed design of the subdivision. To date, Staff have received Page 2 of 44 Page 770 of 990 clearance letters from Enbridge and Canada Post, whom of which have cleared Condition Nos. 32 to 37 inclusive (refer to Appendix 1); and May 2022 - An Agreement respecting restoration works for the Riverfront Subdivision (in favour of the Niagara Region) was registered on title. The Agreement sets out various conditions including the restoration of woodland plantings. This Agreement will satisfy Condition Nos. 44, 71, 72 and 73 of the Niagara Peninsula Conservation Authority and the Niagara Region (refer to Appendix 1). o Staff note that any tree clearing and site alteration that has occurred to date on site has been authorized by the appropriate Staff / agencies. Although clearance letters have yet to be issued by the City, Region, Niagara Peninsula Conservation Authority, Canadian Pacific Railway, and Ontario Power Generation for their respective conditions of draft plan approval as outlined in Appendix 1, Staff note that the applicant has been working to satisfy these conditions. More specifically, the applicant’s Status of Conditions Letter (Appendix 3), notes that the engineering design drawings for Phase 1, electrical design drawings, Landscape Plan, Stormwater Management Plan, Feature Based Water Balance / Stormwater Management Report, and Environmental Site Assessment works are currently underway. Further, the Letter notes that the applicant’s servicing strategy and detailed design work with respect to the pumping station have been approved by the Niagara Region. The applicant has requested an extension of three years to accommodate the proposed multi-year Phasing Plan, and the Environmental Compliance Approval process that is required to facilitate the construction of the proposed pumping station. The applicant estimates that the Environmental Compliance Approval process will take approximately one year to complete. The applicant expects to request final approval for Phase 1 of the subdivision (Blocks 12 and 16) and submit a Draft Plan of Vacant Land Condominium application for Block 12. Staff circulated the extension request to internal departments and external agencies for comment. Regional Staff indicated no objections to the extension of draft plan approval, provided that Condition No. 52 (refer to Appendix 1) is updated to reflect current Ministry titles. No objections or concerns were identified by other agencies or internal departments. Given the development’s proximity to the proposed South Niagara Falls Wastewater Treatment Plant, Staff recommend including a new condition of draft plan approval that would require all future Development Agreements and/or Agreements of Purchase and Sale or Lease or Occupancy to include a standard warning clause regarding potential noise and odour from the proposed Wastewater Treatment Plant (see Condition No. 9 of Appendix 1). Further, given the applicant’s intent to phase the development in accordance with the Phasing Plan (Schedule 3), Staff recommend including a new condition of draft plan approval that allows for the registration of the Plan of Subdivision Page 3 of 44 Page 771 of 990 to occur in two phases, and a separate Subdivision Agreement for each phase (see Condition No. 10 of Appendix 1). Staff note that when changes to the conditions of draft plan approval are approved by Council, Section 51(45) of the Planning Act requires that notice of the changes occurs. However, if Council deems the changes to be minor in accordance with Section 51(47) of the Planning Act, notice of the changes is not required. Given that the proposed changes are minor in nature, and do not change the intent of the approved draft plan of subdivision, Staff recommend that the requirement to provide notice be waived. In accordance with Section 51(33) of the Planning Act, Council can grant extensions to draft plan approval for a specified time period. Historically, Council has granted extensions for a period of one year, allowing for the regular review of proposals. Staff are satisfied that the Draft Plan of Subdivision remains in compliance with Provincial, Regional and City policies, applicable zoning regulations, and development standards. However, Staff are of the opinion that an 18-month extension, which would establish a lapsing date of April 30th, 2025, is more appropriate. This will provide the applicant with additional time considering the lengthy Environmental Compliance Approval process, while still encouraging the timely achievement of final subdivision approval and the introduction of residential units to the market. Should the applicant require additional time in the future, Council can assess the merit of the request at that time. Financial Implications/Budget Impact The proposed development will generate development charge contributions and property tax revenue for the City. There are no other financial implications. Strategic/Departmental Alignment The proposed subdivision supports the Healthy and Vibrant Community Strategic Priority by providing additional housing for residents. List of Attachments Schedule 1 Schedule 2 Schedule 3 Appendix 1 Appendix 2 Appendix 3 Written by: Mackenzie Ceci, Senior Planner (Current Development) Submitted by:Status: Andrew Bryce, Director of Planning Approved Page 4 of 44 Page 772 of 990 - 17 Oct 2023 Kira Dolch, General Manager, Planning, Building & Development Approved - 17 Oct 2023 Erik Nickel, General Manager of Municipal Works Approved - 17 Oct 2023 Page 5 of 44 Page 773 of 990 SCHEDULE 1 LOCATION MAP Page 6 of 44 Page 774 of 990 SCHEDULE 2 DRAFT PLAN OF SUBDIVISION Page 7 of 44 Page 775 of 990 SCHEDULE 3 PHASING PLAN Page 8 of 44 Page 776 of 990 Conditions for Draft Plan Approval 1. Approval applies to the Riverfront Draft Plan of Subdivision prepared by Ashenhurst, Nouwens & Associates Inc., dated August 14, 2019, showing 7 blocks for residential development, 1 block for mixed use development, 3 blocks for open space and stormwater management, 4 blocks for environmental protection, 1 block for road widening and 1 block designated as other lands owned by the developer, plus streets that are to be dedicated as public highways. Planning and Legal 2. The developer enter into a registered Subdivision Agreement with the City to satisfy all requirements, financial and otherwise, related to the development of the subject lands. Note: Should any other body wish to have its conditions included in the Subdivision Agreement, they may be required to become party to the Subdivision Agreement for the purpose of enforcing such conditions. If the development is to be constructed and subdivision plans registered in two or more phases, a separate subdivision agreement will be required for each phase. 3. The developer submit a Solicitor’s Certificate of Ownership for the subdivision lands to the City Solicitor prior to the preparation of the Subdivision Agreement. 4. That the plan be modified in accordance with the red-line revisions generally shown Schedule 5 to the satisfaction of the City, Niagara Region and Niagara Peninsula Conservation Authority, which shall include the following: a. Provision of minimum 15 metre buffer from the adjacent Provincially Significant Wetland (PSW); b. Realignment of Street “E” to provide for a minimum 15 metre buffer from the adjacent PSW; and c. Adjusting the lot line between blocks 13 and 14 to provide a 15 metre buffer from the PSW on Block 14 5. The developer receive final approval of the Zoning By-law amendment to provide land use regulations to guide the development of the subdivision. 6. The developer provide three calculated plans and a letter prepared by an Ontario Land Surveyor to Planning, Building & Development confirming that all lots and blocks comply with the Zoning By-law. APPENDIX 1 Page 9 of 44 Page 777 of 990 7. The developer provide four copies of the pre-registration plan to Planning, Building & Development and a letter stating how all the conditions imposed have been or are to be fulfilled. 8. The developer, City and/or Region execute a Resource Management Agreement to address the appropriate compensation and locations for woodland removal and replacement, any proposed transplantation of locally rare plant species, monitoring and any necessary securities. Note: this agreement may be executed as a separate agreement or as part of the subdivision agreement. 9. The following warning clause be included in the Subdivision Agreement: “Purchasers / Tenants are advised that due to the proximity of the proposed South Niagara Falls Wastewater Treatment Plant, that noise and odour from the plant’s operations may occasionally interfere with some activities of the dwelling occupants.” 8.10. The registration of the plan shall proceed in two phases to the satisfaction of the City. A separate Subdivision Agreement will be required for each phase. Municipal Works 9.11. The roadways and sidewalks be designed and constructed in accordance with City standards which, in part, include the following: (a) Dedication of all new road allowances (Streets “A”, “B”, “C”, “D”, “E” and “F”) to the City as public highways; all roadways and sidewalks to be constructed to municipal requirements and to include sidewalks on the north side of Chippawa Parkway abutting the development, both sides of collector streets and one side of local streets, and turning basins with 18 m radii on the cul de sacs of dead end streets; (b) dedication of a 2.91 metre wide road widening (Block 15) along the Chippawa Parkway frontage of the property; (c) Improvements within the Chippawa Parkway road allowance to support the development, including the addition of auxiliary turning lanes to support the development as outlined in the Transportation Impact Study and roadside ditch improvements deemed necessary by the City. (d) dedication of daylighting triangles with 7 metre legs at the intersections of Chippawa Parkway and Streets “A” and “E” and daylighting triangles with 5 metre legs at all other intersections and the inside corners of road bends; APPENDIX 1 Page 10 of 44 Page 778 of 990 (e) dedication of all road allowances and daylight triangles to the City as public highways and dedication of any 0.3 m reserves deemed necessary, (f) speed control measures within the subdivision to the satisfaction of Transportation Services; (g) all streets named to the City’s satisfaction; 10.12. The services be designed and constructed in accordance with City standards which, in part, include the following: (a) Extension and provision of municipal water distribution, sanitary sewer and storm sewer systems at developer’s cost in accordance with the Ministry of the Environment, Conservation and Parks (MECP) and City standards; (b) Testing of new municipal watermains shall be completed in the presence of a Certified Water Operator using the City’s Watermain Commissioning Checklist; (c) Weeping tile to be connected to the storm sewer system via sump pumps and all rainwater leaders to be outlet to grade and directed to front and/or rear yards; (d) Provision of an overland flow route to be designed in the right-of-way for major storm events and constructed in accordance with the MECP Guidelines and City standards; and (e) Application of the City’s Lot Grading and Drainage Policy in accordance with the City Standards. 11.13. The developer submit a Functional Servicing Report, signed by a professional engineer licensed to practice in the province of Ontario, demonstrating that the existing and proposed watermains and sanitary sewers are sufficient to service all phases of the development. 12.14. The developer submit a Stormwater Management Plan, signed by a professional engineer licensed to practice in the province of Ontario, confirming that the proposed storm sewers and stormwater management facilities are sufficient to service all phases of the development and shall be revised to reflect the draft approved plan of subdivision. 13.15. The developer submit a Geotechnical Report prepared by a qualified geotechnical engineering consultant, licensed in the province of Ontario, to the satisfaction of Municipal Works and shall implement any recommendations of APPENDIX 1 Page 11 of 44 Page 779 of 990 the Geotechnical report. 14.16. The developer pay the City the required fees for boulevard tree planting according to the above criteria. 15.17. The developer pay the Development Charges in force at the time of execution of the Subdivision Agreement and Building Permit issuance as per the City’s Development Charges By-law. 16.18. The developer grant the City and public utility companies any easements required to service the subdivision. 17.19. The developer submit the digital data and contract documents in accordance with the City CAD standards and prepare construction contracts using the City of Niagara Falls template including the Schedule of Quantities and Unit Prices format. 18.20. The developer pay the required fees for Engineering Inspection and Administration for the subdivision. 19.21. The developer prepare a street lighting drawing and photometric plan, in accordance with the City specifications (as amended April 2016). 20.22. Quantity control and material testing during construction will be conducted to the satisfaction of the City of Niagara Falls and at the Developer’s expense. Parks Design 21.23. The developer dedicate Blocks 7 and 9 to the City for parkland purposes. Park blocks are to be provided to the City in a condition ready for finished park development, including grading the park to approved elevations per City park concept plans and/or direction, provide perimeter catch basins and drains for the park to City standards, tree removal/preservation (where needed), and graded with clean topsoil and seeded to the City’s satisfaction. In addition, a 50 mm diameter water service to the park property line with a curb stop valve shut off and an electrical service to the park capable of powering future park security lighting is to be provided. Further parkland requirements for Block 17 will be determined when development is proposed for this block. 22.24. The developer provide landscape plans for the subdivision, stormwater management blocks and open space areas prepared and stamped by a landscape architect (OALA) to the satisfaction of the City, showing complete design and landscape information including but not limited to: fencing including fencing along environmental blocks, entrance features, roadway greenspaces, streetscapes, trails, pathway connections, tree protection & preservation; and park blocks. Fencing for park and stormwater management blocks shall be to APPENDIX 1 Page 12 of 44 Page 780 of 990 City standards and meet approval of the Director of Municipal Works. Fencing type and dimensions to be shown consistently on all plans. Details of fencing plans to be provided for City approval. 23.25. Should any subdivision entry features be proposed, details of the features be provided to Parks Design for review, along with cost estimates for initial construction and future repair/replacement of the features. NOTE: Subdivision entrance features are to be erected on lands to be dedicated to the City. 24.26. The developer provide a Trails and Walkable Community Master Plan (TWCM) prepared and stamped by a landscape architect (OALA) which shows all proposed recreational trails, pathways and sidewalks/walkways, including prosed connection locations and design elements to connect with EPA areas, parks, woodlots, green spaces, stormwater management areas, Welland River/George Bukator Park Trail system. Millennium Trail, roadway bike lanes, and adjacent neighbourhoods. Include all information and details on trail type, construction methods and dimensions. The developer shall be responsible to construct/implement the trails (TWCM) as part of the development, to the approval of the City and other agencies such as NPCA, Niagara Region, and applicable Federal & Provincial Ministries. Trail development shall consider CPTED (Crime Prevention Through Environmental Design) and accessibility standards. This will also include the required pedestrian route connection from the easterly development area to access the park blocks on the west area. 25.27. The developer provides a Tree Inventory Plan and Report, by a certified arborist or landscape architect, for all lands to be dedicated to the City for park purposes. The developer will be required to work with the City, and agencies such as Niagara Region and the NCPA to preserve and protect trees determined to remain, and remove trees due to poor condition or for the purpose of providing the land for park development. Staff encourages the protection and preservation of existing healthy mature trees wherever possible in developable areas. Fire Services 26.28. That parking restrictions be imposed to Fire Services satisfaction prohibiting parking on one side of road where the asphalt width is less than 8 m or on one side of the road within residential cul-de-sacs. The subdivision agreement is to specify the supply and installation of no parking signage are at the cost of the developer. 27.29. That adequate water for fire fighting purposes be available and accessible with sufficient volume and/or flow to facilitate firefighting operations prior to the construction of any building. 28.30. That the applicant provide plans to the satisfaction of Fire Services, APPENDIX 1 Page 13 of 44 Page 781 of 990 demonstrating a second means of access where streets dead-end. Fire routes are to be designated and secured through future plans of condominium or site plans. 29.31. The developer submit servicing plans to Municipal Works and Fire Services for review. Such plans are to include road widths and curb radii. Note that the Municipal Works Department is responsible for final approval of said servicing plans. Canada Post 30.32. That Community Mail Boxes (CMBs) be located in locations determined in cooperation with Canada Post, and that the developer identify these sites on a display in the sales office and on appropriate maps, information boards and plans. 31.33. The developer include in all offers of purchase and sale, a statement that advises the prospective purchaser that mail will be delivered via a CMB. The developer also agrees to note the locations of all CMBs within the development, and to notify affected homeowners of any established easements granted to Canada Post to permit access to CMBs. 32.34. The developer satisfy all requirements of Canada Post regarding granting necessary easements for CMBs, concrete pads for CMBs, temporary CMBs, walkways to CMBs, curb depressions for wheelchair access, informing potential homeowners of CMB locations, timing of construction and identification of CMBs and related works on engineering servicing drawings. Enbridge 33.35. The developer contact Enbridge Gas Distribution’s Customer Connections Department by emailing SalesArea80@enbridge.com for service and meter installation details and to ensure all gas piping is installed prior to the commencement of site landscaping (including, but not limited to: tree planting, silva cells, and/or soil trenches) and/or asphalt paving. NOTE: If a gas main needs to be relocated as a result of changes in the alignment or grade of the future road allowances or for temporary gas pipe installations pertaining to phase construction, all costs are the responsibility of the applicant. 34.36. The developer grade all streets to final elevation prior to installation of the gas lines and provide Enbridge Gas Distribution Inc. with the necessary field survey information required for installation of gas lines. 35.37. The developer provide Enbridge Gas Distribution with the necessary easements in the event they are required to service the development. APPENDIX 1 Page 14 of 44 Page 782 of 990 CP Rail 36.38. That the developer meet all standard requirements of CP Rail with respect to development of land in proximity to an industrial spur line, including the following; a) Insertion of a clause in all offers of purchase and sale or lease and in the title deed or lease of each dwelling within 300 metres of the railway right-of- way, warning prospective purchasers or tenants of the existence of the Railway’s operating right-of-way; the possibility of alterations including the possibility that the Railway may expand its operations, which expansion may affect the living environment of the residents notwithstanding the inclusion of noise and vibration attenuating measures in the design of the subdivision and individual units, and that the Railway will not be responsible for complaints or claims arising from the use of its facilities and/or operations. b) That any proposed alterations to the existing drainage pattern affecting the railway property be substantiated by a drainage report and be approved by CP Rail prior to grading. c) Construction of a 1.83 m high chain link fence along the common property line of the Railway and the subdivision lands at the developer’s expense. Maintenance of this fence is to be secured by a covenant on the title of the lands and future deeds, obliging future purchasers to maintain the fence in a satisfactory condition at their expense. d) Any proposed utilities under or over railway property to serve the development must be approved prior to their installation and be covered by the railway’s standard agreement. Ontario Power Generation (OPG) 37.39. That Storm Water Management and grading plans be circulated to OPG for review and approval, as necessary. Any drainage crossing OPG lands adjacent to Welland River will require review, approval and a registered easement with OPG. Niagara Peninsula Conservation Authority (NPCA) 38.40. That the draft plan be revised to ensure all Provincially Significant Wetland (PSW) buffers are a minimum of 15 metres or larger as may be determined through the finalized Feature Based Water Balance (FBWB) and LID measures detailed design, to the satisfaction of the NPCA. 39.41. The PSWs and their associated buffers be zoned Environmental Protection APPENDIX 1 Page 15 of 44 Page 783 of 990 Area (EPA) or another similar zone category that achieves the same level of protection, to the satisfaction of the NPCA. 40.42. The developer submit to the NPCA for review and approval a final FBWB as described in the Infrastructure Requirements Report (prepared by Wood, dated August 23, 2019) and Environmental Impact Study Addendum (prepared by Savanta, dated December, 2019) to the satisfaction of the NPCA. The developer acknowledges that if the detailed information is not sufficient to support the proposed subdivision design, then the draft plan will need to be revised. 41.43. The developer submit to the NPCA for review and approval, detailed design of all LID measures and an Environmental Impact Study (EIS) Addendum of the final LID measures design. The developer acknowledges that if the detailed information is not sufficient to support the proposed subdivision design, then the draft plan will need to be revised. 42.44. The developer submit to the NPCA for review and approval a final Ecological Restoration Plan detailing the final planting layout and phasing strategy for the buckthorn removal, to the satisfaction of the NPCA. 43.45. The developer submit to the NPCA for review and approval, detailed grading and construction sediment and erosion control plans. 44.46. The developer submit to the NPCA for review and approval a detailed trail design along with a supporting EIS Addendum for any proposed recreation trails within the PSWs, their buffers and any other area regulated for review and approval. 45.47. The developer provide 1.5 metre high chain link fencing without gates along the interface of Blocks 10 and 12; Blocks 11 and 12; Blocks 10 and 4; Blocks 11 and 4; Blocks 11 and 2; Blocks 17 and 5; Blocks 17 and 1; and Blocks 17 and 7; to the satisfaction of the NPCA. 46.48. The developer obtain Work Permits form the NPCA prior to beginning any work related to installation of any LID facilities, recreation trails, buffer plantings, watercourse crossings, watercourse alterations or any other works within an area regulated by Ontario Regulation 155/06 or its successor. 47.49. The outstanding violation under Section 28 of the Conservation Authorities Act be resolved to the satisfaction of the NPCA. 48.50. That conditions 4038 to 497 above be incorporated into the subdivision agreement between the developer and the City, to the satisfaction of the NPCA. The City shall circulate the agreement to the NPCA for its review and approval. APPENDIX 1 Page 16 of 44 Page 784 of 990 Regional Municipality of Niagara 49.51. The owner receive acknowledgement letters from the Ministry of Tourism, Culture and Sport confirming that all archaeological resource concerns have satisfied licensing and resource conservation requirements. A copy of all acknowledgement letters and archaeological assessments shall be submitted to the Niagara Region Planning and Development Services Department. No demolition, grading or other soil disturbances shall take place on the property prior to the issuance of the Provincial acknowledgement letters. 50.52. The following clause be included in the subdivision agreement: “Should deeply buried archaeological remains/resources be found on the property during construction activities, all activities impacting archaeological resources must cease immediately, notify the Archaeology Programs Unit of the Ministry of Citizenship and Multiculturalism Tourism, Culture and Sport Industries (MTCSI) in London (416-212-8886) and a licensed archaeologist (Owner’s archaeology consultant) is required to carry out an archaeological assessment in accordance with the Ontario Heritage Act and Standards and Guidelines for Consultant Archaeologists. In the event that human remains are encountered during construction, all activities must cease immediately and the local police as well as the Cemeteries Regulation Unit of the Ministry of Public and Business Services Delivery Government and Consumer Services in Toronto (416-326- 8800) must be contacted. In situations where human remains are associated with archaeological resources, the Ministry of Citizenship and Multiculturalism MTCSI should also be notified to ensure the site is not subject to unlicensed alterations which would be a contravention of the Ontario Heritage Act.” 51.53. The developer submit a Phase 2 Environmental Assessment (ESA) prepared in accordance with O. Reg. 153/4 as amended (if filing of a Record of Site Condition (RCS) is required) or CSA Z768 format, describing the current conditions of the development lands, to the satisfaction of Niagara Region. If contamination is found, any necessary remediation and/or risk assessment work, or RSC if required by the Environmental Protection Act and its regulations, shall be completed and submitted to the Region, with a certification from a Qualified Professional (QP) that the development lands meet the applicable standard(s) of the intended land uses. A reliance letter form a QP shall be submitted to the Niagara Region, to indicate that, despite any limitations or qualifications included in the above submitted reports/documents, the Region is authorized to relay on all information and opinions provided in the reports submitted, in order to clear this condition of approval. 52.54. That the subdivision agreement contain provisions whereby the developer APPENDIX 1 Page 17 of 44 Page 785 of 990 agrees to update the Air Quality, Noise and Vibration Assessment prior to lot creation within the Blocks. The assessment shall review detailed lot arrangements and recommend any mitigation measures including along the rail line and adjacent to the proposed pumping station. 53.55. That the owner provide a detailed sanitary sewer report which shall include an overall servicing strategy for the development areas, detailed plan and profile drawings and required Regional costs analysis information, to ensure that all development in the area can be serviced by gravity to the trunk sewer or by gravity to the single proposed pumping station and this servicing study shall be reviewed and approved by Regional Staff prior to design of the future Regional Pumping station. 54.56. That the owner comply with the Regional Design standards for a pumping station and forcemain, engage Regional staff and qualified consultant in the design works and receive Regional review and approval prior to submitting Environmental Compliance Certificates to the Ministry of Environment, Conservation and Parks (MECP) for approval. 55.57. The subdivision agreement between the owner and developer include a clause whereby the owner agrees to identify the pumping station block at the detailed design stage (i.e. condominium and/or site plan stage). The final servicing drawings will not be approved until this location is confirmed and a block is created. The block must meet the Region’s design standards as the Region will own the land and station. 56.58. The owner transfer the pumping station block to the Region once the size of the property has been approved and reviewed by Regional staff. The minimum block required will be 40m X 40m, and a dedicated block for the pumping station shall be registered prior to development occurring. 57.59. That assumption of the pumping station and forcemain by the Region will not occur until all the Regional conditions and policy conditions are completed as well as the subdivision has reached 50% of the build-out and Regional staff has reviewed and approved the information provided. 58.60. The developer submit a completed MECP Transfer of Review application with detailed drawings and calculations to Niagara Region for review and approval of the proposed sanitary and storm sewer piping systems for the development and receive the appropriate MECP Environmental Compliance Approvals (ECA). If a direct submission is completed for all services the Niagara Region will require a copy of the application letter and ECA. 59.61. The developer provides a written acknowledgement to Niagara Region stating that draft approval of this subdivision does not include a commitment of servicing allocation by Niagara Region as this servicing allocation will not be APPENDIX 1 Page 18 of 44 Page 786 of 990 assigned until the plan is registered, and that any pre-servicing will be at the sole risk/responsibility of the developer. 60.62. The developer provide a written acknowledgement to Niagara Region Planning and Development Services Department stating that draft approval of this development does not include a commitment of servicing allocation by |Niagara Region as servicing allocation will not be assigned until the plan is registered and that any pre-servicing will be at the sole risk and responsibility of the owner. 61.63. The developer submit a written undertaking to Niagara Region agreeing that all offers and agreements of purchase and sale, which may be negotiated prior to registration of this subdivision, shall contain a clause indicating that a servicing allocation for this subdivision will not be assigned until the plan is registered, and a similar clause be inserted in the subdivision agreement. 62.64. That verification of available wet weather sanitary capacity in the South Niagara Falls required to accommodate development, be submitted for review and approval by Niagara Region and the City. Based on the information submitted, the Region/City may be requiring flow monitoring conditions be included in the agreement to verify that the estimated wet weather flows are being met in the field after construction of the sanitary sewers and before assumption by the City. If the verification is unsuccessful, mitigation measures may be required. 63.65. That the developer provide a functional design drawing for the potential signalization of the Chippawa Parkway and Stanley Avenue intersection for review and approval by Niagara Region. 64.66. The developer complete the required traffic monitoring to determine any future improvements at the Chippawa Parkway and Stanley Avenue intersection as discussed in the Traffic Impact Study prepared for this development and in accordance with the Region’s Traffic Monitoring Protocol. 65.67. The developer enter into a legal agreement with Niagara Region for the required road improvements/signalization at the Chippawa Parkway and Stanley Avenue intersection if determined through the traffic monitoring. 66.68. The developer agrees that in order to receive Regional waste collection services the draft plan shall satisfy the Regional Municipality of |Niagara Policy regarding Requirement for Commencement of Collection for New and Redevelopments. Note: for any development phasing, the developer shall create appropriate temporary waste collection turnaround(s), per the Niagara Region Corporate Waste Collection Policies, at the end of each dead end street(s) during any development phasing that will permit Regional waste collection or confirm that waste collection will be the developer’s responsibility. APPENDIX 1 Page 19 of 44 Page 787 of 990 67.69. Prior to approval of the final plan or any on-site grading, the owner shall submit a detailed Stormwater Management Plan for the subdivision and the following plans designed and sealed by a qualified professional engineer in accordance with the Ministry of the Environment, Conservation and Parks (MECP) documents entitled Stormwater Management Planning and Design Manual, March 2003 and Stormwater Quality Guidelines for New Development, May 1991, or successors to the Niagara Region Planning and Development Services Department for review and approval; (a) Detailed lot grading, servicing and drainage plans, noting both existing and proposed grades and the means whereby overland flows will be accommodated across the site; and (b) Detailed erosion and sedimentation control plans. (c) Detailed phasing of development of residential lands (internal and external to the subdivision) planned to be serviced by the stormwater management facility; and, (d) Prior to final approval for registration of this plan of subdivision, the developer shall submit the design drawings (with calculations) for the stormwater management facilities and obtain the necessary MECP Environmental Compliance Approval (ECA) 68.70. The subdivision agreement contain provisions whereby the developer agrees to implement the approved plan(s) required in accordance with Condition No. 686. 69.71. That a revised Ecological Restoration Plan be submitted to Niagara Region for review and approval, including but not limited to the following additional information: (a) Identification of an appropriate ratio for tree compensation that considers the existing form, function and quality of both the woodland proposed for removal and that of the woodland created over the long- term; (b) Survey details regarding the precise location of locally rare plant species (e.g. Creeping Spike-rush and Finely –nerved Sedge) within portions of the FOD8-1 community to be transplanted into other suitable habitat prior to limited woodland removals; (c) Details to ensure the rare plant species discussed in the Conceptual Ecological Restoration Plan Section 5.0 (e.g. Great Plains Ladies Tresses, Creeping Spike-rush and Finely-nerved Sedge) are not APPENDIX 1 Page 20 of 44 Page 788 of 990 eradicated from the site if there is limited or no transplant success; (d) Incorporation of open shrub land areas in order to provide shrub/early successional breeding bird habitat; and (e) Identification of the final approved PSW buffer widths, including dimensions. 70.72. That additional areas for restorative woodland plantings on other lands owned by the applicant outside the Provincially Significant Wetland (PSW) buffers be identified and that the subdivision agreement or Resource Management Agreement between the developer and the City contain provisions whereby the owner agrees to implement the restorative woodland plantings to the satisfaction of Niagara Region. 71.73. The developer provide securities to Niagara Region in the form of a Letter of Credit in the amount of the estimated costs as approved by the Region for the restorative woodland plantings required in accordance with the above conditions and that the subdivision agreement or Resource Management Agreement between the developer and the City include provisions whereby the developer agrees that the Region may draw on the Letter of Credit, if required, to ensure completion of the restorative woodland plantings. 72.74. That a Tree Saving Plan completed by a Certified Arborist or Registered Professional Forester be submitted to Niagara Region for review and approval in accordance with the Region of Niagara Tree and Forest Conservation By-law (By- law 30-2008, Section1.36). 73.75. The developer obtain all necessary approvals from the MECP relating to Species at Risk (SAR) on the subject lands and provide Regional staff with a copy of MECP’s approval. If required by the MECP, the owner shall revise the layout of the subdivision and/or obtain an Overall Benefit Permit in order to conform to the requirements of the Endangered Species Act. 74.76. That a Trails Plan be submitted to Niagara Region for review and approval. Any proposed trails must be sited and designed to minimize potential negative impacts, including but not limited to the considerations listed in the EIS Addendum Sections 4.1 and 11.2. 75.77. That a Detailed Ecological Monitoring Plan be submitted to Niagara Region for review and approval, including but not limited to the considerations listed in the EIS Addendum, Section 10 and the January 2019 EIS Section 8 and Table 7. 76.78. That an updated Infrastructure Requirements Plan and Environmental Impact Study Addendum be submitted to Niagara Region for review and approval, which shall address matters including but not limited to: APPENDIX 1 Page 21 of 44 Page 789 of 990 a) Detailed monthly feature-based water balance assessment for each PSW to fully evaluate potential changes in water balance, identify mitigation requirements (including overall site-wide infiltration targets), and complete a fulsome assessment of potential impacts on wetlands (if any). The detailed assessment must demonstrate that the wetland buffer widths of 15 to 20 m as proposed are adequate to protect the hydrologic function of the adjacent PSW while also accommodating any combination of appropriate Low Impact Development (LID) measures required to maintain balance, including any associated maintenance/access requirements outside of restoration areas within the buffer. If after detailed assessment, increased buffer widths are required to ensure no more than a minimal difference from pre- to post- construction as outlined in the preliminary Wood (2019) report, or to ensure that LID measures comprise no more than 2% of the total buffer area, revisions to the Draft Plan will be required, including updates to all other associated studies and reports, as applicable, and b) Recommendations for opportunities to reduce the use of road salt and associated water quality impacts on receiving wetlands. 77.79. That the detailed Stormwater Management Plan required in accordance with the condition above include, but not be limited to, further details regarding the possibility of a “third pipe dedicated system to capture runoff from the central wetland and convey it to the Eastern Watercourse (WC2), or catch basins along the central wetland connected to the storm sewer system with lateral outlets from the storm sewers adjacent to the Eastern Watercourse in order to maintain the supply of water” (Wood (2019), pgs. ix, 2). 78.80. That a Phasing Plan be submitted to the Niagara Region for review and approval, which will address matters including but not limited to the considerations listed in the EIS Addendum s.8.2 It is excepted that the results and recommendations of the Ecological Restoration Plan, Detailed Monitoring Plan, Infrastructure Requirements Plan and SWM Plan will be incorporated into the Phasing Plan, as applicable. 79.81. That an Erosion and Sediment Control (ESC) Plan be submitted to Niagara Region for review and approval. The ESC Plan shall include details for, but not be limited to, ESC fencing and other ESC measures, dust suppression and topsoil storage. ESC measures must be monitored regularly to ensure they are functioning properly and promptly fixed if issues are identified. 80.82. That the subdivision agreement contains wording wherein the developer agrees to implement the mitigation measures and recommendations outlined in the Riverfront Residential Environmental Impact Study (EIS) and EIS Addendums prepared by Savanta dated September 2017, March 2018, January 2019, APPENDIX 1 Page 22 of 44 Page 790 of 990 September 2019 and December 2019, including but not limited to those summarized in Tables 8, 9, 11 and 12 of the December 2019 EIS Addendum. 81.83. The subdivision agreement contain wording wherein the developer agrees to implement the recommendations of the approved Ecological Restoration Plan, Tree Saving Plan, Trails Plan, Detailed Ecological Monitoring Plan, Infrastructure Requirements Plan, Stormwater Management Plan, Phasing Plan, ESC Plan, including monitoring provisions, and Grading Plan. NOTES: 1. Prior to granting final plan approval, the City must be in receipt of written confirmation that the requirements of each condition have been met and all fees have been paid to the satisfaction of Niagara Region. 2. Prior to final approval for registration, a copy of the draft subdivision agreement for the proposed development should be submitted to the Niagara Region for verification that the appropriate clauses pertaining to any of these conditions have been included. 3. Niagara Region recommends that a copy of the draft agreement also be provided in order to allow for the incorporation of any necessary revision prior to execution. As required as part of the above Conditions of Approval, the format for all studies and reports to be submitted to Niagara Region Planning and Development Services Department shall be two hard copies and a PDF digital copy. Clearance of Conditions Prior to granting approval to the final plan, Planning, Building & Development requires written notice from applicable City Divisions and the following agencies indicating that their respective conditions have been satisfied: · Legal Services for Conditions 2 and 3 · Planning and Development Services for Conditions 4 to 8 inclusive · Transportation Services for Condition 119 · Municipal Works for Conditions 129 to 220 inclusive · Landscape Architect for Conditions 231 to 275 inclusive · Fire Services for Conditions 2786 to 3129 inclusive · Canada Post for Conditions 320 to 342 inclusive · Enbridge Gas Distribution Inc. for Conditions 353 to 375 inclusive · CP Rail for Condition 386 · Ontario Power Generation for Condition 397 · Niagara Peninsula Conservation Authority for Conditions 4038 to 5048 inclusive · Regional Municipality of Niagara for Conditions 5149 to 831 inclusive APPENDIX 1 Page 23 of 44 Page 791 of 990 Upper Canada Planning & Engineering Ltd. 3-30 Hannover Drive St. Catharines, ON L2W 1A3 Phone 905-688-9400 Fax 905-688-5274 Page 1 August 18th, 2023 UCC File: 2209 City of Niagara Falls 4310 Queen Street Niagara Falls, ON L2E 6X5 Attn: Alexa Cooper, MCIP, RPP - Planner II Re: Request for Extension of Draft Plan of Subdivision Approval Riverfront Residential – North Side of Chippawa Parkway, East of Dorchester Road File No. 26T-11-2019-001 Please accept this letter as a request to extend Draft Plan of Subdivision approval for lands known as Riverfront Residential (26T-11-2019-001) in Niagara Falls, on behalf of the new owners, Centennial Homes (Niagara) Inc. The request is for a three-year (3) extension, as Draft Plan approval was granted October 30, 2020; therefore, the lapsing date is October 30, 2023. Centennial Homes (Niagara) Inc. has been diligently working through clearing the conditions of Draft Plan approval, however, an extension is required to allow the owner to finalize the detailed designs needed to clear the conditions of approval. Ongoing works include; detailed engineer design, pumping station ECA approvals, as well as addressing outstanding environmental requirements. The objective is to now develop these lands in phases. Please see attached phasing plan to be incorporated into this request for extension. We respectfully request that a three-year (3) Draft Plan approval extension be granted, to allow for the proposed phasing. In order to process the extension request, three cheques are provided with this submission including one in the amount of $1,050.00 payable to the City of Niagara Falls, one for $1,395.00 made payable to the Region of Niagara and one for $2,260 payable to the Niagara Peninsula Conservation Authority. If you have any questions or require any further information or copies, please do not hesitate to contact the undersigned. Sincerely, Chelsea McShane, B.Sc. Planning Coordinator Upper Canada Consultants CC: William Heikoop, Upper Canada Consultants Joe Candeloro, Centennial Homes (Niagara) Inc. Andrew Bryce, City of Niagara Falls APPENDIX 2 Page 24 of 44 Page 792 of 990 August 22nd , 2023 City of Niagara Falls 4310 Queen Street Niagara Falls, ON L2E 6X5 Attn: Alexa Cooper, MCIP, RPP, Planner II Re: Draft Plan of Subdivision Extension Request Riverfront Subdivision City File No.: PBD-2020-64 Further to the request for Draft Plan Extension for the above noted lands, Upper Canada Consultants is pleased to provide this supplemental letter outlining the status of the conditions of draft plan approval as requested by the City of Niagara Falls. It is important to note that the three (3) year timeline requested, is in part due to the new proposed phasing plan previously submitted with the formal draft plan extension request. The existing approval accommodates approximately 1045 dwelling units, which will be implemented through two phases over a several year construction program. Secondly, the timeline requested is also to accommodate a lengthy ECA approval process for the proposed pumping station required to service the development. At this time Niagara Region has approved the detailed design drawings which have been submitted to the MECP for approval, it is our understanding that the ECA process alone can take approximately one (1) year. Meanwhile we are continuing to process completion/clearance of other outstanding conditions so that the final approval of Phase 1 can be achieved at a similar timeline to the receipt of the ECA approval for the pumping station. On the following pages, please find a conditions list and status update on works completed to date for the clearance of draft plan conditions. It is expected a final approval requested for Phase 1 (Block 12 and the Pumping Station Block) will follow this request within the coming months as detailed design for the external services are finalized. Concurrently, an application for Draft Plan of Vacant Land Condominium on Block 12 will be submitted to implement condominium tenureship as originally contemplated for the various blocks with development. If you have any questions or require any further information, please contact the undersigned. Sincerely, William Heikoop, B.U.R.Pl., MCIP, RPP Planning Manager Upper Canada Consultants cc: Chelsea McShane, Upper Canada Consultants Joe Candeloro, Centennial Homes (Niagara) Inc. UCC File No. 2209 APPENDIX 3 Page 25 of 44 Page 793 of 990 City of Niagara Falls 1. Approval applies to the Riverfront Draft Plan of Subdivision prepared by Ashenhurst, Nouwens & Associates Inc., dated August 14, 2019, showing 7 blocks for residential development, 1 block for mixed use development, 3 blocks for open space and stormwater management, 4 blocks for environmental protection, 1 block for road widening and 1 block designated as other lands owned by the developer, plus streets that are to be dedicated as public highways. Noted. No action required. Legal Description of the Subdivision. Planning and Legal 2. The developer enter into a registered Subdivision Agreement with the City to satisfy all requirements financial and otherwise, related to the development of the subject lands. Note: Should any other body wish to have its conditions included in the Subdivision Agreement, they may be required to become party to the Subdivision Agreement for the purpose of enforcing such conditions. If the development is to be constructed and subdivision plans registered in two or more phases, a separate subdivision agreement will be required for each phase. Final Subdivision Approval submission to be made, this process will be phased as noted in the draft plan approval request and as contemplated in this condition. 3. The developer submit a Solicitor's Certificate of Ownership for the subdivision lands to the City Solicitor prior to the preparation of the Subdivision Agreement. Solicitor’s Certificate of Ownership for the subdivision lands has been prepared and will be provided with the final approval submission. 4. That the plan be modified in accordance with the red-line revisions generally shown Schedule 5 to the satisfaction of the City: Niagara Region and Niagara Peninsula Conservation Authority, which shall include the following: a. Provision of minimum 15 metre buffer from the adjacent Provincially Significant Wetland (PSW); b. Realignment of Street "E" to provide for a minimum 15 metre buffer from the adjacent PSW; and c. Adjusting the lot line between blocks 13 and 14 to provide a 15-metre buffer from the PSW on Block 14 The Draft Plan of Subdivision /Draft M-Plan has been updated to reflect the required revisions and will be provided with the final approval submission. 5. The developer receive final approval of the Zoning By-law amendment to provide land use regulations to guide the development of the subdivision. APPENDIX 3 Page 26 of 44 Page 794 of 990 The Zoning By-law No. 2020-124 that was approved December 8th, 2020, along with the Notice and Explanatory Note Passing of Zoning By-law No. 2020-124 will be included in the submission. Zoning By-law 2020-124 was subject of an LPAT appeal with Motion to Dismiss considered by LPAT. The decision, was confirmed September 17th, 2021, therefore this condition is considered satisfied. 6. The developer provide three calculated plans and a letter prepared by an Ontario Land Surveyor to Planning, Building & Development confirming that all lots and blocks comply with the Zoning By-law. Three calculated plans and a letter prepared by J.D. Barnes confirming all lots and blocks comply with the Zoning By-law has been prepared and will be included in the final approval submission. 7. The developer provide four copies of the pre-registration plan to Planning, Building & Development and a letter stating how all the conditions imposed have been or are to be fulfilled. Four copies of the draft M-plan will be included in the submission. A letter such as this letter, will be prepared, stating how all conditions imposed have been are fulfilled. 8. The developer, City and/or Region execute a Resource Management Agreement to address the appropriate compensation and locations for woodland removal and replacement, any proposed transplantation of locally rare plant species, monitoring and any necessary securities. Note: this agreement may be executed as a separate agreement or as part of the subdivision agreement. A Restoration Agreement that was executed March 3rd, 2022 and an Assumption Agreement that was executed June 2023 transferring the responsibility to Centennial. Municipal Works 9. The roadways and sidewalks be designed and constructed in accordance with City standards which, in part, include the following: a. Dedication of all new road allowances (Streets "B", "C", "D", "E" and "F") to the City as public highways; all roadways and sidewalks to be constructed to municipal requirements and to include sidewalks on the north side of Chippawa Parkway abutting the development both sides of collector streets and one side of local streets, and turning basins with 18 m radii on the cul de sacs of dead-end streets; A Draft M-Plan will be prepared by J.D. Barnes for dedication of the proposed Street’s in Phase 2 of the plan, and will be included in the final approval submission including the above noted streets. Detailed engineering design drawings for the Phase 1 of the subject lands are ongoing and include the proposed the installation of the required sidewalks as a noted above. b. Dedication of a 2.91 metre wide road widening (Block 15) along the Chippawa Parkway frontage of the property; The Draft M-Plan prepared by J.D. Barnes will be included in the final approval submission, which reflects the required dedication of a 2.91-metre-wide road widening for (Block 15). APPENDIX 3 Page 27 of 44 Page 795 of 990 c. Improvements within the Chippawa Parkway road allowance to support the development, including the addition of auxiliary turning lanes to support the development as outlined in the Transportation Impact Study and roadside ditch improvements deemed necessary by the City. Detailed engineering design drawings for the Phase 1 of the subject lands are ongoing and include the necessary details/triggers as noted above. d. Dedication of daylighting triangles with 7 metre legs at the intersections of Chippawa Parkway and Streets "A" and "E" and daylighting triangles with 5 metre legs at all other intersections and the inside corners of road bends; A Draft M-Plan will be prepared by J.D. Barnes for dedication of the proposed Street’s and associated daylight triangles in Phase 2 of the plan, and will be included in the final approval submission including the above noted streets. e. Dedication of all road allowances and daylight triangles to the City as public highways and dedication of any 0.3 m reserves deemed necessary; A Draft M-Plan will be prepared by J.D. Barnes for dedication of the proposed Street’s and associated daylight triangles in Phase 2 of the plan, and will be included in the final approval submission including the above noted streets. f. Speed control measures within the subdivision to the satisfaction of Transportation Services; Detailed engineering design drawings for the Phase 1 of the subject lands are ongoing and include the necessary details/triggers as noted above. g. All streets named to the City's satisfaction. A Draft M-Plan will be prepared by J.D. Barnes illustrating the proposed street names as required for the Phase 2 registration. 10. The services be designed and constructed in accordance with City standards which, in part, include the following: a. Extension and provision of municipal water distribution, sanitary sewer and storm sewer systems at developer's cost in accordance with the Ministry of the Environment, Conservation and Parks (MECP) and City standards; The Engineering Drawing Set is being prepared by Upper Canada Consultants. Design is ongoing and will be completed per Ministry, Region and City standards, and will be included in the final approval submission. Upon City’s acceptance of these drawings ECA applications will be submitted for final ECA approval. APPENDIX 3 Page 28 of 44 Page 796 of 990 b. Testing of new municipal watermains shall be completed in the presence of a Certified Water Operator using the City's Watermain Commissioning Checklist; Noted. Testing will be completed post-construction with a contractor. This condition will be cleared as a Clause in the Subdivision Agreement. c. Weeping tile to be connected to the storm sewer system via sump pumps and all rainwater leaders to be outlet to grade and directed to front and/or rear yards; Specifications will be included within the Engineering Drawing Set prepared by Upper Canada Consultants that will be included in the final approval submission. A Clause in the Subdivision Agreement will clear this condition. d. Provision of an overland flow route to be designed in the right-of-way for major storm events and constructed in accordance with the MECP Guidelines and City standards; and Overland flow routes will be included within the Engineering Drawing Set prepared by Upper Canada Consultants that will be included in the final approval submission. A Clause in the Subdivision Agreement will clear this condition. e. Application of the City's Lot Grading and Drainage Policy in accordance with the City Standards. A Grading Plan will be included within the Engineering Drawing Set prepared by Upper Canada Consultants that will be included in the final approval submission. A Clause in the Subdivision Agreement will clear this condition. 11. The developer submit a Functional Servicing Report, signed by a professional engineer licensed to practice in the province of Ontario, demonstrating that the existing and proposed watermains and sanitary sewers are sufficient to service all phases of the development. SAN & STM drainage area plans including calculation spreadsheets will be included in the Engineering Drawing Set. Water flow calculations have also been completed and included. Both will be included in the final approval submission. 12. The developer submit a Stormwater Management Plan, signed by a professional engineer licensed to practice in the province of Ontario, confirming that the proposed storm sewers and stormwater management facilities are sufficient to service all phases of the development and shall be revised to reflect the draft approved plan of subdivision. Stormwater Management Plan preparation is ongoing. It will confirm that facilities are sufficient to service this development, and will be included in the final approval submission. 13. The developer submit a Geotechnical Report prepared by a qualified geotechnical engineering consultant, licensed in the province of Ontario, to the satisfaction of Municipal Works and shall implement any recommendations of the Geotechnical report. APPENDIX 3 Page 29 of 44 Page 797 of 990 A Supplemental Geotechnical Assessment prepared by Soil-Mat Engineers & Consultants Ltd will be included in the final approval submission. 14. The developer pay the City the required fees for boulevard tree planting according to the above criteria. Noted and Agreed. To be included in the Financial Schedule of Subdivision Agreement. 15. The developer pay the Development Charges in force at the time of execution of the Subdivision Agreement and Building Permit issuance as per the City's Development Charges By-law. This condition will be a Clause in the Subdivision Agreement and will be satisfied once the Subdivision Agreement is completed, to be paid through the building permit process. 16. The developer grant the City and public utility companies any easements required to service the subdivision. Detailed Electrical Design drawings are underway by RTG Systems Inc., upon completion and approval by NPEI, any required easements will be included on a Draft R-Plan and included in a submission for final approval. 17. The developer submit the digital data and contract documents in accordance with the City CAD standards and prepare construction contracts using the City of Niagara Falls template including the Schedule of Quantities and Unit Prices format. A contract will be prepared by Upper Canada Consultants when the engineering drawings are approved. A Clause in the Subdivision Agreement will satisfy this condition. 18. The developer pay the required fees for Engineering Inspection and Administration for the subdivision. Noted and Acknowledged. To be included in the Financial Schedule of the Subdivision Agreement. 19. The developer prepare a street lighting drawing and photometric plan, in accordance with the City specifications (as amended April 2016). Detailed Electrical Design drawings are underway by RTG systems Inc., upon completion and approval by NPEI, they will be included in the detailed engineering design package and the final approval submission. 20. Quantity control and material testing during construction will be conducted to the satisfaction of the City of Niagara Falls and at the Developer's expense. Noted and Agreed. An appropriate QP will complete any material testing through the construction process. A Clause is to be included in the Subdivision Agreement. APPENDIX 3 Page 30 of 44 Page 798 of 990 Parks Design 21. The developer dedicate Blocks 7 and 9 to the City for parkland purposes. Park blocks are to be provided to the City in a condition ready for finished park development, including grading the park to approved elevations per City park concept plans and/or direction, provide perimeter catch basins and drains for the park to City standards, tree removal/preservation (where needed), and graded with clean topsoil and seeded to the City's satisfaction. In addition, a 50 mm diameter water service to the park property line with a curb stop valve shut off and an electrical service to the park capable of powering future park security lighting is to be provided. Further parkland requirements for Block 17 will be determined when development is proposed for this block. A Draft M-Plan and detailed engineering design drawings addressing the dedication and detail design requirements will be prepared for dedication of the proposed Park blocks in Phase 2 of the plan and will be included in the final approval submission. 22. The developer provide landscape plans for the subdivision, stormwater management blocks and open space areas prepared and stamped by a landscape architect (OALA) to the satisfaction of the City, showing complete design and landscape information including but not limited to: fencing including fencing along environmental blocks, entrance features, roadway greenspaces, streetscapes, trails, pathway connections, tree protection & preservation; and park blocks. Fencing for park and stormwater management blocks shall be to City standards and meet approval of the Director of Municipal Works. Fencing type and dimensions to be shown consistently on all plans. Details of fencing plans to be provided for City approval. A landscape plan for the above noted requirement is ongoing and will be completed following the completion of the engineering design, it will be included in a final approval submission. 23. Should any subdivision entry features be proposed, details of the features be provided to Parks Design for review along with cost estimates for initial construction and future repair/replacement of the features. NOTE: Subdivision entrance features are to be erected on lands to be dedicated to the City. A landscape plan for the above noted requirement is ongoing and will be completed following the completion of the engineering design, it will be included in a final approval submission. 24. The developer provide a Trails and Walkable Community Master Plan (TWCM) prepared and stamped by a landscape architect (OALA) which shows all proposed recreational trails, pathways and sidewalks/walkways, including prosed connection locations and design elements to connect with EPA areas, parks, woodlots, green spaces stormwater management areas, Welland River/George Bukator Park Trail system. Millennium Trail, roadway bike lanes, and adjacent neighbourhoods. Include all information and details on trail type, construction methods and dimensions. The developer shall be responsible to construct/implement the trails (TWCM) as part of the development, to the approval of the City and other agencies such as NPCA, Niagara Region, and applicable Federal & Provincial Ministries. Trail development shall consider CPTED (Crime Prevention Through Environmental Design) and accessibility standards. This will also include the required pedestrian route connection from the easterly development area to access the park blocks on the west area. APPENDIX 3 Page 31 of 44 Page 799 of 990 A landscape plan for the above noted requirement is ongoing and will be completed following the completion of the engineering design, it will be included in a final approval submission. 25. The developer provides a Tree Inventory Plan and Report, by a certified arborist or landscape architect, for all lands to be dedicated to the City for park purposes. The developer will be required to work with the City, and agencies such as Niagara Region and the NCPA to preserve and protect trees determined to remain, and remove trees due to poor condition or for the purpose of providing the land for park development. Staff encourages the protection and preservation of existing healthy mature trees wherever possible in developable areas. All tree removals have been completed per the Tree Inventory Plan and Report that was prepared by Colville Consulting Inc., which was reviewed and approved by the NPCA and Region and has resulted in a Restoration Agreement previously executed. Fire Services 26. That parking restrictions be imposed to Fire Services satisfaction prohibiting parking on one side of road where the asphalt width is less than 8 m or on one side of the road within residential cul-de-sacs. The subdivision agreement is to specify the supply and installation of no parking signage are at the cost of the developer. Specifications will be included within the Engineering Drawing Set prepared by Upper Canada Consultants that will be included in the final approval submission. A Clause in the Subdivision Agreement will clear this condition. 27. That adequate water for fire fighting purposes be available and accessible with sufficient volume and/or flow to facilitate firefighting operations prior to the construction of any building. Specifications will be included within the Engineering Drawing Set prepared by Upper Canada Consultants that will be included in the final approval submission. A Clause in the Subdivision Agreement will clear this condition. 28. That the applicant provide plans to the satisfaction of Fire Services, demonstrating a second means of access where streets dead-end. Fire routes are to be designated and secured through future plans of condominium or site plans. Fire Routes will be shown on the Site Plan for each phase of development, through the Draft Plan of Condominium approval process. 29. The developer submit servicing plans to Municipal Works and Fire Services for review. Such plans are to include road widths and curb radii. Note that the Municipal Works Department is responsible for final approval of said servicing plans. APPENDIX 3 Page 32 of 44 Page 800 of 990 Specifications will be included within the Engineering Drawing Set prepared by Upper Canada Consultants that will be included in the final approval submission. A Clause in the Subdivision Agreement will clear this condition. Canada Post 30. That Community Mail Boxes (CMBs) be located in locations determined in cooperation with Canada Post, and that the developer identify these sites on a display in the sales office and on appropriate maps, information boards and plans. The Community Mail Box location will be determined as part of the implementing Draft Plan of Vacant Land Condominium Approval process or through the Phase 2 final approval process. A clause in the Subdivision Agreement is required. A clearance letter from CPC will satisfy this condition. 31. The developer include in all offers of purchase and sale, a statement that advises the prospective purchaser that mail will be delivered via a CMA. The developer also agrees to note the locations of all CMBs within the development, and to notify affected homeowners of any established easements granted to Canada Post to permit access to CMBs. A clause is to be included in the Subdivision Agreement will. A clearance letter from CPC will satisfy this condition. 32. The developer satisfy all requirements of Canada Post regarding granting necessary easements for CMBs, concrete pads for CMBs, temporary CMBs, walkways to CMBs, curb depressions for wheelchair access, informing potential homeowners of CMB locations, timing of construction and identification of CMBs and related works on engineering servicing drawings. The Community Mail Box location will be determined as part of the implementing Draft Plan of Vacant Land Condominium Approval process or through the Phase 2 final approval process. A Clause in the Subdivision Agreement will satisfy this condition. A clearance letter from CPC will satisfy this condition. Enbridge 33. The developer contact Enbridge Gas Distribution's Customer Connections Department by emailing SalesArea80@enbridge.com for service and meter installation details and to ensure all gas piping is installed prior to the commencement of site landscaping (including, but not limited to: tree planting, Silva cells, and/or soil trenches) and/or asphalt paving. NOTE: If a gas main needs to be relocated as a result of changes in the alignment or grade of the future road allowances or for temporary gas pipe installations pertaining to phase construction, all costs are the responsibility of the applicant. Contact with Enbridge has been initiated, clearance of this conditions is subject to final engineering and hydro designs are required to finalize the gas design. A clearance letter from Enbridge will satisfy this condition. APPENDIX 3 Page 33 of 44 Page 801 of 990 34. The developer grade all streets to final elevation prior to installation of the gas lines and provide Enbridge Gas Distribution Inc. with the necessary field survey information required for installation of gas lines. A Clause in the Subdivision Agreement will satisfy this condition. A clearance letter from Enbridge will satisfy this condition. 35. The developer provide Enbridge Gas Distribution with the necessary easements in the event they are required to service the development. Contact with Enbridge has been initiated, clearance of this conditions is subject to final engineering and hydro designs are required to finalize the gas design. If an easement is required it will be included on a Draft R-Plan to be provided with the final approval submission. Otherwise the Vacant Land Condominium process will result in implementation blanket easements for the provision of services. A clearance letter from Enbridge will satisfy this condition. CP Rail 36. That the developer meet all standard requirements of CP Rail with respect to development of land in proximity to an industrial spur line, including the following; a. Insertion of a clause in all offers of purchase and sale or lease and in the title deed or lease of each dwelling within 300 metres of the railway right-of way, warning prospective purchasers or tenants of the existence of the Railway's operating right-of-way; the possibility of alterations including the possibility that the Railway may expand its operations, which expansion may affect the living environment of the residents notwithstanding the inclusion of noise and vibration attenuating measures in the design of the subdivision and individual units and that the Railway will not be responsible for complaints or claims arising from the use of its facilities and/or operations. b. That any proposed alterations to the existing drainage pattern affecting the railway property be substantiated by a drainage report and be approved by CP Rail prior to grading. c. Construction of a 1.83 m high chain link fence along the common property line of the Railway and the subdivision lands at the developer's expense. Maintenance of this fence is to be secured by a covenant on the title of the lands and future deeds, obliging future purchasers to maintain the fence in a satisfactory condition at their expense. d. Any proposed utilities under or over railway property to serve the development must be approved prior to their installation and be covered by the railway's standard agreement. This condition relates to the Phase 2 lands and will be addressed through the final approval process for Phase 2 of the development. A clearance letter from the CP Rail will satisfy this condition. Ontario Power Generation (OPG) 37. That Storm Water Management and grading plans be circulated to OPG for review and approval, as necessary. Any drainage crossing OPG lands adjacent to Welland River will require review, approval and a registered easement with OPG. APPENDIX 3 Page 34 of 44 Page 802 of 990 Specifications will be included within the Engineering Drawing Set prepared by Upper Canada Consultants that will be included in the final approval submission. A clearance letter from the OPG will satisfy this condition. Niagara Peninsula Conservation Authority (NPCA) 38. That the draft plan be revised to ensure all Provincially Significant Wetland (PSW) buffers are a minimum of 15 metres or larger as may be determined through the finalized Feature Based Water Balance (FBWB) and LID measures detailed design, to the satisfaction of the NPCA. The M-Plan prepared by J.D Barnes Ltd., which will be included in the submission, confirms the 15m setback. The Feature Based Water Balance/Stormwater Management Report preparation is ongoing by Upper Canada Consultants will be included in the final approval submission for review and approval. A clearance letter from the NPCA will satisfy this condition. 39. The PSWs and their associated buffers be zoned Environmental Protection Area (EPA) or another similar zone category that achieves the same level of protection, to the satisfaction of the NPCA. The Zoning By-law 2020-124 has proper Zones for EPA Areas, which will be included in the submission. A clearance letter from the NPCA will satisfy this condition. 40. The developer submit to the NPCA for review and approval a final FBWB as described in the Infrastructure Requirements Report (prepared by Wood, dated August 23, 2019) and Environmental Impact Study Addendum (prepared by Savanta, dated December, 2019) to the satisfaction of the NPCA. The developer acknowledges that if the detailed information is not sufficient to support the proposed subdivision design, then the draft plan will need to be revised. The Feature Based Water Balance/Stormwater Management Report preparation is ongoing by Upper Canada Consultants will be included in the final approval submission for review and approval. A clearance letter from the NPCA will satisfy this condition. 41. The developer submit to the NPCA for review and approval, detailed design of all LID measures and an Environmental Impact Study (EIS) Addendum of the final LID measures design. The developer acknowledges that if the detailed information is not sufficient to support the proposed subdivision design, then the draft plan will need to be revised. The Feature Based Water Balance/Stormwater Management Report preparation is ongoing by Upper Canada Consultants, an EIS addendum discussing and rationalizing the results will be included in the final approval submission. A clearance letter from the NPCA will satisfy this condition. 42. The developer submit to the NPCA for review and approval a final Ecological Restoration Plan detailing the final planting layout and phasing strategy for the buckthorn removal, to the satisfaction of the NPCA. The Ecological Restoration Plan by Savanta (July 2021) was supported by the NPCA and in June 2022, a legal agreement was carried out and assumed by Centennial Homes (Niagara) Inc. and the Niagara Region APPENDIX 3 Page 35 of 44 Page 803 of 990 to carry out work, with funds given to the Region to secure the agreement. This will be included in the final approval submission. A clearance letter from the NPCA will satisfy this condition. 43. The developer submit to the NPCA for review and approval, detailed grading and construction sediment and erosion control plans. Noted and Agreed. Detailed grading and construction sediment and erosion control plans will be provided to the NPCA for review at the time of the Draft Plan of Vacant Land Condominium final approval process or final approval process for Phase 2. A clearance letter from the NPCA will satisfy this condition. 44. The developer submit to the NPCA for review and approval a detailed trail design along with a supporting EIS Addendum for any proposed recreation trails within the PSWs, their buffers and any other area regulated for review and approval. The 2021 EIS Addendum sited trails and provided an impact assessment. As per the response received from the NPCA in July 2021, the NPCA were supportive of the trail approach proposed, and stated that additional trail design details will be required with the final approval submission. These detailed designs are ongoing and will be included in a final approval submission. A clearance letter from the NPCA will satisfy this condition. 45. The developer provide 1.5 metre high chain link fencing without gates along the interface of Blocks 10 and 12; Blocks 11 and 12; Blocks 10 and 4; Blocks 11 and 4; Blocks 11 and 2; Blocks 17 and 5; Blocks 17 and 1; and Blocks 17 and 7; to the satisfaction of the NPCA. The appropriate fencing will be incorporated through detailed engineering design drawings and be implemented through the Vacant Land Condominium final approval process or the Phase 2 final approval process. A clearance letter from the NPCA will satisfy this condition. 46. The developer obtain Work Permits form the NPCA prior to beginning any work related to installation of any LID facilities, recreation trails, buffer plantings, watercourse crossings, watercourse alterations or any other works within an area regulated by Ontario Regulation 155/06 or its successor. Work Permit applications to following completion of detailed design. Clause to be included in the Subdivision Agreement. A clearance letter from the NPCA will satisfy this condition. 47. The outstanding violation under Section 28 of the Conservation Authorities Act be resolved to the satisfaction of the NPCA. The violation has been resolved. The Compliance and Restoration Agreement was executed December 20th, 2021 and will be included with the submission. A clearance letter from the NPCA will satisfy this condition. 48. That conditions 37 to 46 above be incorporated into the subdivision agreement between the developer and the City to the satisfaction of the NPCA. The City shall circulate the agreement to the NPCA for its review and approval. APPENDIX 3 Page 36 of 44 Page 804 of 990 A Clause in the Subdivision Agreement will clear this condition. A clearance letter from the NPCA will satisfy this condition. Regional Municipality of Niagara 49. The owner receive acknowledgement letters from the Ministry of Tourism, Culture and Sport confirming that all archaeological resource concerns have satisfied licensing and resource conservation requirements. A copy of all acknowledgement letters and archaeological assessments shall be submitted to the Niagara Region Planning and Development Services Department. No demolition, grading or other soil disturbances shall take place on the property prior to the issuance of the Provincial acknowledgement letters. The Ministry has issued Clearance for the Stage 1 & 2 Archaeological Report on June 21, 2016, and February 15, 2017 for the Stage 3 Archaeological Assessment, which will be included in the final approval submission. A clearance letter from the Region will satisfy this condition. 50. The following clause be included in the subdivision agreement - "In the event that human remains are encountered during construction, all activities must cease immediately and the local police as well as the Cemeteries Regulation Unit of the Ministry of Government and Consumer Services in Toronto (416- 3268800) must be contacted. In situations where human remains are associated with archaeological resources, MTCSI should also be notified to ensure the site is not subject to unlicensed alterations which would be a contravention of the Ontario Heritage Act." A Clause in the Subdivision Agreement will clear this condition. A clearance letter from the Region will satisfy this condition. 51. The developer submit a Phase 2 Environmental Assessment (ESA) prepared in accordance with O. Reg. 153/4 as amended (if filing of a Record of Site Condition (RCS) is required) or CSA Z768 format, describing the current conditions of the development lands, to the satisfaction of Niagara Region. If contamination is found, any necessary remediation and/or risk assessment work, or RSC if required by the Environmental Protection Act and its regulations, shall be completed and submitted to the Region, with a certification from a Qualified Professional (QP) that the development lands meet the applicable standard(s) of the intended land uses. A reliance letter from a QP shall be submitted to the Niagara Region, to indicate that, despite any limitations or qualifications included in the above submitted reports/documents, the Region is authorized to relay on all information and opinions provided in the reports submitted, in order to clear this condition of approval. ESA works are underway by Soil-mat, confirmation has been received from the Region that an RSC is not required. To be included in final approval submission. A clearance letter from the Region will satisfy this condition. 52. That the subdivision agreement contain provisions whereby the developer agrees to update the Air Quality, Noise and Vibration Assessment prior to lot creation within the Blocks. The assessment shall review detailed lot arrangements and recommend any mitigation measures including along the rail line and adjacent to the proposed pumping station. APPENDIX 3 Page 37 of 44 Page 805 of 990 This condition relates to the Phase 2 lands and will be addressed through the final approval process for Phase 2 of the development. A clearance letter from the Region will satisfy this condition. 53. That the owner provide a detailed sanitary sewer report which shall include an overall servicing strategy for the development areas, detailed plan and profile drawings and required Regional costs analysis information, to ensure that all development in the area can be serviced by gravity to the trunk sewer or by gravity to the single proposed pumping station and this servicing study shall be reviewed and approved by Regional Staff prior to design of the future Regional Pumping station. A servicing strategy including a gravity system leading to a single pumping station has been provide and approved the Niagara Region. Detailed design work for the pumping station has been completed and approved by the Niagara Region and has been submitted to the MECP for ECA approval. Detailed design of the surrounding infrastructure is ongoing by UCC and will be included in a final approval submission. A clearance letter from the Region will satisfy this condition. 54. That the owner comply with the Regional Design standards for a pumping station and forcemain, engage Regional staff and qualified consultant in the design works and receive Regional review and approval prior to submitting Environmental Compliance Certificates to the Ministry of Environment, Conservation and Parks (MECP) for approval. Detailed design work for the pumping station has been completed and approved by the Niagara Region and has been submitted to the MECP for ECA approval. Detailed design of the surrounding infrastructure is ongoing by UCC and will be included in a final approval submission, followed by other ECA approvals on the external works. A clearance letter from the Region will satisfy this condition. 55. The subdivision agreement between the owner and developer include a clause whereby the owner agrees to identify the pumping station block at the detailed design stage (i.e.. condominium and/or site plan stage). The final servicing drawings will not be approved until this location is confirmed and a block is created. The block must meet the Region's design standards as the Region will own the land and station. The pumping station lands will be shown on the Draft M-Plan in the final approval. A clearance letter from the Region will satisfy this condition. A clearance letter from the Region will satisfy this condition. 56. The owner transfer the pumping station block to the Region once the size of the property has been approved and reviewed by Regional staff. The minimum block required will be 40m X 40m, and a dedicated block for the pumping station shall be registered prior to development occurring. The pumping station lands will be shown on the Draft M-Plan in the final approval. A clearance letter from the Region will satisfy this condition. 57. That assumption of the pumping station and forcemain by the Region will not occur until all the Regional conditions and policy conditions are completed as well as the subdivision has reached 50% of the build- out and Regional staff has reviewed and approved the information provided. A Clause in the Subdivision Agreement will satisfy this condition. APPENDIX 3 Page 38 of 44 Page 806 of 990 58. The developer submit a completed MECP Transfer of Review application with detailed drawings and calculations to Niagara Region for review and approval of the proposed sanitary and storm sewer piping systems for the development and receive the appropriate MECP Environmental Compliance Approvals (ECA). If a direct submission is completed for all services the Niagara Region will require a copy of the application letter and ECA. Detailed design is ongoing by UCC and will be included in a final approval submission, followed by other ECA approvals on the external works. A clearance letter from the Region will satisfy this condition. 59. The developer provides a written acknowledgement to Niagara Region stating that draft approval of this subdivision does not include a commitment of servicing allocation by Niagara Region as this servicing allocation will not be assigned until the plan is registered, and that any pre-servicing will be at the sole risk/responsibility of the developer. Written acknowledgement completed and will be included in the final approval submission. A clearance letter from the Region will satisfy this condition. 60. The developer provide a written acknowledgement to Niagara Region Planning and Development Services Department stating that draft approval of this development does not include a commitment of servicing allocation by Niagara Region as servicing allocation will not be assigned until the plan is registered and that any pre-servicing will be at the sole risk and responsibility of the owner. Written acknowledgement completed and will be included in the final approval submission. A clearance letter from the Region will satisfy this condition. 61. The developer submit a written undertaking to Niagara Region agreeing that all offers and agreements of purchase and sale, which may be negotiated prior to registration of this subdivision, shall contain a clause indicating that a servicing allocation for this subdivision will not be assigned until the plan is registered and a similar clause be inserted in the subdivision agreement. Written undertaking completed and will be included in the final approval submission. A clearance letter from the Region will satisfy this condition. 62. That verification of available wet weather sanitary capacity in the South Niagara Falls required to accommodate development, be submitted for review and approval by Niagara Region and the City. Based on the information submitted, the Region/City may be requiring flow monitoring conditions be included in the agreement to verify that the estimated wet weather flows are being met in the field after construction of the sanitary sewers and before assumption by the City. If the verification is unsuccessful, mitigation measures may be required. Detailed design is ongoing by UCC and will be included in a final approval submission, followed by other ECA approvals on the external works. A clearance letter from the Region will satisfy this condition. 63. That the developer provide a functional design drawing for the potential signalization of the Chippawa Parkway and Stanley Avenue intersection for review and approval by Niagara Region. APPENDIX 3 Page 39 of 44 Page 807 of 990 Paradigm Transportation Solutions Ltd. has completed a functional design drawing, as the warrant triggers do not occur until Phase 2, it will be included in a Phase 2 submission for final approval. A clearance letter from the Region will satisfy this condition. 64. The developer complete the required traffic monitoring to determine any future improvements at the Chippawa Parkway and Stanley Avenue intersection as discussed in the Traffic Impact Study prepared for this development and in accordance with the Region's Traffic Monitoring Protocol. Paradigm Transportation Solutions Ltd. has prepared a Traffic Monitoring program, as the warrant triggers do not occur until Phase 2, it will be included in a Phase 2 submission for final approval. A clearance letter from the Region will satisfy this condition. 65. The developer enter into a legal agreement with Niagara Region for the required road improvements/signalization at the Chippawa Parkway and Stanley Avenue intersection if determined through the traffic monitoring. As the improvement/signalization warrant triggers do not occur until Phase 2, the required legal agreement will be entered into through the Phase 2 final approval process. A clearance letter from the Region will satisfy this condition. 66. The developer agrees that in order to receive Regional waste collection services the draft plan shall satisfy the Regional Municipality of Niagara Policy regarding Requirement for Commencement of Collection for New and Redevelopments. Note: for any development phasing, the developer shall create appropriate temporary waste collection turnaround(s), per the Niagara Region Corporate Waste Collection Policies, at the end of each dead end street(s) during any development phasing that will permit Regional waste collection or confirm that waste collection will be the developer's responsibility. Detailed design is ongoing by UCC and will be included in a final approval submission. A clearance letter from the Region will satisfy this condition. 67. Prior to approval of the final plan or any onsite grading, the owner shall submit a detailed Stormwater Management Plan for the subdivision and the following plans designed and sealed by a qualified professional engineer in accordance with the Ministry of the Environment, Conservation and Parks (MECP) documents entitled Stormwater Management Planning and Design Manual, March 2003 and Stormwater Quality Guidelines for New Development, May 1991, or successors to the Niagara Region Planning and Development Services Department for review and approval; a. Detailed lot grading, servicing and drainage plans, noting both existing and proposed grades and the means whereby overland flows will be accommodated across the site; and b. Detailed erosion and sedimentation control plans. c. Detailed phasing of development of residential lands (internet and external to the subdivision) planned to be serviced by the stormwater management facility; and, d. Prior to final approval for registration of this plan of subdivision, the developer shall submit the design drawings (with calculations) for the stormwater management facilities and obtain the necessary MECP Environmental Compliance Approval (ECA). APPENDIX 3 Page 40 of 44 Page 808 of 990 Detailed design is ongoing by UCC and will be included in a final approval submission, followed by other ECA approvals on the external works. A clearance letter from the Region will satisfy this condition. 68. The subdivision agreement contain provisions whereby the developer agrees to implement the approved plan(s) required in accordance with Condition No. 66. A Clause in the Subdivision Agreement will satisfy this condition. A clearance letter from the Region will satisfy this condition. 69. That a revised Ecological Restoration Plan be submitted to Niagara Region for review and approval, including but not limited to the following additional information: An Ecological Restoration Plan was prepared by Savanta/GEI, and previously addressed these conditions. In June 2022 a legal agreement was carried out and assumed by Centennial Homes (Niagara) Inc. and the Niagara Region to execute the 2021 Ecological Restoration Plan, with funds given to the Region to secure the agreement. A clearance letter from the Region will satisfy this condition. a. Identification of an appropriate ratio for tree compensation that considers the existing form, function and quality of both the woodland proposed for removal and that of the woodland created over the long-term; This condition is included in the Ecological Restoration Plan that has been previously submitted and approved. A clearance letter from the Region will satisfy this condition. b. Survey details regarding the precise location of locally rare plant species (e.g. Creeping Spike-rush and Finely —nerved Sedge) within portions of the FOD8-1 community to be transplanted into other suitable habitat prior to limited woodland removals; A standalone Rare Species Report was submitted to address this issue and approved. A clearance letter from the Region will satisfy this condition. c. Details to ensure the rare plant species discussed in the Conceptual Ecological Restoration Plan Section 5.0 (e.g. Great Plains Ladies Tresses, Creeping Spike-rush and Finely-nerved Sedge) are not eradicated from the site if there is limited or no transplant success; The standalone Rare Species Report was submitted to address this issue and was approved. A clearance letter from the Region will satisfy this condition. d. Incorporation of open shrub land areas in order to provide shrub/early successional breeding bird habitat; and The June 2021 Ecological Restoration Plan included this requirement, which was deemed sufficient. A clearance letter from the Region will satisfy this condition. e. Identification of the final approved PSW buffer width* including dimensions. APPENDIX 3 Page 41 of 44 Page 809 of 990 This condition is included in the Ecological Restoration Plan in which the Region had no objections to. A clearance letter from the Region will satisfy this condition. 70. That additional areas for restorative woodland plantings on other lands owned by the applicant outside the Provincially Significant Wetland (PSW) buffers be identified and that the subdivision agreement or Resource Management Agreement between the developer and the City contain provisions whereby the owner agrees to implement the restorative woodland plantings to the satisfaction of Niagara Region. An Ecological Restoration Plan was prepared by Savanta/GEI, and previously addressed these conditions. In June 2022 a legal agreement was carried out and assumed by Centennial Homes (Niagara) Inc. and the Niagara Region to execute the 2021 Ecological Restoration Plan, with funds given to the Region to secure the agreement. A clause is to be added to the Subdivision Agreement. A clearance letter from the Region will satisfy this condition. 71. The developer provide securities to Niagara Region in the form of a Letter of Credit in the amount of the estimated costs as approved by the Region for the restorative woodland plantings required in accordance with the above conditions and that the subdivision agreement or Resource Management Agreement between the developer and the City include provisions whereby the developer agrees that the Region may draw on the Letter of Credit, if required, to ensure completion of the restorative woodland plantings. In June 2022 a legal agreement was carried out and assumed by Centennial Homes (Niagara) Inc. and the Niagara Region to execute the 2021 Ecological Restoration Plan, with funds given to the Region to secure the agreement. 72. That a Tree Saving Plan completed by a Certified Arborist or Registered Professional Forester be submitted to Niagara Region for review and approval in accordance with the Region of Niagara Tree and Forest Conservation By-law (Bylaw 30-2008, Section .36). A Tree Saving Plan has been completed by Colville Consulting and previously approved. A clearance letter from the Region will satisfy this condition. 73. The developer obtain all necessary approvals from the MECP relating to Species at Risk (SAR) on the subject lands and provide Regional staff with a copy of MECP's approval, If required by the MECP, the owner shall revise the layout of the subdivision and/or obtain an Overall Benefit Permit in order to conform to the requirements of the Endangered Species Act. The Region received an email from MECP (November 5, 2021) that is sufficient to clear this condition. A clearance letter from the Region will satisfy this condition. 74. That a Trails Plan be submitted to Niagara Region for review and approval. Any proposed trails must be sited and designed to minimize potential negative impacts, including but not limited to the considerations listed in the EIS Addendum Sections 4.1 and 11.2. Detailed design is ongoing by UCC and will be included in a final approval submission. A clearance letter from the Region will satisfy this condition. APPENDIX 3 Page 42 of 44 Page 810 of 990 75. That a Detailed Ecological Monitoring Plan be submitted to Niagara Region for review and approval, including but not limited to the considerations listed in the EIS Addendum, Section 10 and the January 2019 EIS Section 8 and Table 7. Ecological Monitoring Plan has been prepared and approved. A clearance letter from the Region will satisfy this condition. 76. That an updated Infrastructure Requirements Plan and Environmental Impact Study Addendum be submitted to Niagara Region for review and approval, which shall address matters including but not limited to: a. Detailed monthly feature-based water balance assessment for each PSW to fully evaluate potential changes in water balance, identify mitigation requirements (including overall site-wide infiltration targets), and complete a fulsome assessment of potential impacts on wetlands (if any). The detailed assessment must demonstrate that the wetland buffer widths of 15 to 20 m as proposed are adequate to protect the hydrologic function of the adjacent PSW while also accommodating any combination of appropriate Low Impact Development (LID) measures required to maintain balance including any associated maintenance/access requirements outside of restoration areas within the buffer. If after detailed assessment, increased buffer widths are required to ensure no more than a minimal difference from pre- to post-construction as outlined in the preliminary Wood (2019) report, or to ensure that LID measures comprise no more than 2% of the total buffer area, revisions to the Draft Plan will be required, including updates to all other associated studies and reports, as applicable, and b. Recommendations for opportunities to reduce the use of road salt and associated water quality impacts on receiving wetlands. The Feature Based Water Balance/Stormwater Management Report preparation is ongoing by Upper Canada Consultants, an EIS addendum discussing and rationalizing the results will be included in the final approval submission. A clearance letter from the Region will satisfy this condition. 77. That the detailed Stormwater Management Plan required in accordance with the condition above include, but not be limited to, further details regarding the possibility of a "third pipe dedicated system to capture runoff from the central wetland and convey it to the Eastern Watercourse (WC2), or catch basins along the central wetland connected to the storm sewer system with lateral outlets from the storm sewers adjacent to the Eastern Watercourse in order to maintain the supply of water'* (Wood (2019): pgs. ix, 2). The Feature Based Water Balance/Stormwater Management Report preparation is ongoing by Upper Canada Consultants, an EIS addendum discussing and rationalizing the results will be included in the final approval submission. A clearance letter from the Region will satisfy this condition. 78. That a Phasing Plan be submitted to the Niagara Region for review and approval, which will address matters including but not limited to the considerations listed in the EIS Addendum s.8.2 It is excepted that APPENDIX 3 Page 43 of 44 Page 811 of 990 the results and recommendations of the Ecological Restoration Plan, Detailed Monitoring Plan, Infrastructure Requirements Plan and SWM Plan will be incorporated into the Phasing Plan, as applicable. The Phasing Plan has been provided in this draft plan extension request. Final approval submission to provide or identify components of each Phase 1 & 2 as proposed. A clearance letter from the Region will satisfy this condition. 79. That an Erosion and Sediment Control (ESC) Plan be submitted to Niagara Region for review and approval. The ESC Plan shall include details for, but not be limited t0F ESC fencing and other ESC measures, dust suppression and topsoil storage. ESC measures must be monitored regularly to ensure they are functioning properly and promptly fixed if issues are identified. A Grading Plan has been prepared by Upper Canada Consultants with the provisions noted, and will be included in the final submission. A clearance letter from the Region will satisfy this condition. 80. That the subdivision agreement contains wording wherein the developer agrees to implement the mitigation measures and recommendations outlined in the Riverfront Residential Environmental Impact Study (EIS) and EIS Addendums prepared by Savanta dated September 2017, March 2018, January 2019, September 2019 and December 2019, including but not limited to those summarized in Tables 8, 9, 11 and 12 of the December 2019 EIS Addendum. Clause to be included in the Subdivision Agreement through the final approval process when the City prepared the agreement. A clearance letter from the Region will satisfy this condition. 81. The subdivision agreement contain wording wherein the developer agrees to implement the recommendations of the approved Ecological Restoration Plan, Tree Saving Plan, Trails Plan, Detailed Ecological Monitoring Plan, Infrastructure Requirements Plan, Stormwater Management Plan, Phasing Plan, ESC Plan, including monitoring provisions, and Grading Plan. Clause to be included in the Subdivision Agreement through the final approval process when the City prepared the agreement. A clearance letter from the Region will satisfy this condition. APPENDIX 3 Page 44 of 44 Page 812 of 990 PBD-2023-66 Report Report to:Mayor and Council Date:October 24, 2023 Title: Matters Arising from Municipal Heritage Committee Request to Designate 4299 Queen Street (Former Bank of Hamilton Building) Recommendation(s) 1. That Council direct staff to issue a Notice of Intention to Designate for the property located at 4299 Queen Street Niagara Falls under Part IV of the Ontario Heritage Act, R.S.O 1990 as it has cultural heritage value and interest to the City of Niagara Falls. Executive Summary The purpose of his report is to provide information and to seek a decision by Council regarding the designation of 4299 Queen Street (former Bank of Hamilton Building) under Part IV of the Ontario Heritage Act. The Municipal Heritage Committee has determined that the building is worthy of designation as it meets the criteria in Regulation 9/06 of the Ontario Heritage Act and therefore recommends that it be designated. Background The conservation of cultural heritage resources is an integral component of good planning, contributing to a sense of place, economic prosperity, and healthy and equitable communities. Heritage conservation in Ontario is identified as a provincial interest under the Planning Act. Cultural heritage resources are considered irreplaceable and valuable assets that must be wisely protected and managed as part of planning for future growth under the Provincial Policy Statement (2020) and A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020). Heritage Conservation is enabled through the Ontario Heritage Act. Section 29 of the Ontario Heritage Act permits Council, through by-law, to designate a property within the municipality to be of cultural heritage value or interest. The City of Niagara Falls Heritage Register includes individual heritage properties that have been designated under Part IV, Section 29, as well as properties that have not been designated but City Council believes to be of “cultural heritage value or interest.” On November 28, 2022, Bill 23, More Homes Built Faster, 2022 Act, received royal assent and most of the key changes to the Act came into effect on January 1, 2023. Bill Page 1 of 17 Page 813 of 990 23 reduces the number of properties included on heritage registers, by limiting the register to properties that are designated, or in the process of seeking designation. Under Bill 23 if a municipality does not issue a notice of intention to designate within two years of including the property on the registrar, the municipality will need to remove the property from the register. Accordingly, the City will need to proceed with the potential designation of its 100 listed properties on its Municipal Register within 2 years. The property, 4299 Queen Street, that is the subject of this report, is the City’s first attempt to move properties from the municipal register to potential designation. If a property is removed from the register, Council may not include the property again for a period of five years, commencing either the day the event occurs (withdrawal of notice of intention or repeal of by-laws); the day the property is included on the register (properties included after the proclamation date); or, the proclamation date (properties on the register now). Analysis 4299 Queen Street: Architectural Qualities The former Bank of Hamilton building at 4299 Queen Street is an Italian style building with elements of both Neo-Renaissance and early commercial style. The building’s Italianate architectural elements include the pilasters which bound each of the bays with their shallow-arched windows and each of the six are capped with rounded finials. The main distinctive architectural feature of 4299 Queen Street is that it is constructed with five sides rather than the traditional four to accommodate nearby the rail line which preceded the building. Accordingly, the building had to be constructed with a cut on the northeast corner giving the building its characteristic five sides. The building's shape provides a definitive reminder of the train tracks which spread through the city and highlights a creative yet pragmatic approach to accommodate infrastructure and transportation in the early years of Niagara Falls. History and Significance Built in 1894/95, prior to the establishment of the City of Niagara Falls (1904), 4299 Queen Street was the first large commercial building constructed on Queen Street. This is significant since it was undetermined at that time whether the commercial centre of the municipality would be located along Erie Avenue and Bridge Street (closer to the train station), or Queen Street. The first business to be established in this building, in 1902, was the Bank of Hamilton who operated on the main floor. The building became a Canadian Bank of Commerce branch when the Bank of Hamilton was purchased by the Canadian Bank of Commerce in 1929. The building was reflagged as a Canadian Imperial Bank of Commerce branch in 1961 when the Canadian Bank of Commerce merged with the Imperial Bank of Commerce and continued operating as a bank branch until 1985. It is also interesting to Page 2 of 17 Page 814 of 990 note that the second floor of the building was the office of the City Solicitor from 1914- 1968. The construction of the first large commercial building on Queen Street in 1895 and subsequent introduction of a financial institution in that building in 1902 acted as a catalyst, pulling businesses to the area. With more businesses being attracted to Queen Street, it began to emerge as the predominate area of commerce and business, as opposed to either the Drummondville/the Stamford Township Hall, or Erie/Bridge Street areas. As more and more businesses were attracted to Queen Street, Queen Street emerged as the retail core or downtown for Niagara Falls. The five-side design of the structure is also significant as a solution to the problem of how to accommodate the train tracks which ran alongside the building. In addition to a creative solution, the five-sided building offers an opportunity to see the importance of rail traffic to the city in a real, long-lasting, and permanent way. The building also acts as a reminder of the former expanse of train tracks throughout the city including their connections to the establishment of the downtown, the bridges and the growth of the city in general. Evaluation and Application of O.REG 9/06 Criteria Section 29 of the Ontario Regulation 9/06 sets out the criteria for evaluating properties to be designated under Part IV, Section 29 of the Ontario Heritage Act. There are a total of nine criteria under O. Reg 9/06 and the criteria are based on an evaluation of design/physical value, historic and associative value and contextual value. A property may be designated under Section 29 of the Act if it meets two or more of the provincial criteria for determining whether it is of cultural heritage value or interest. The following chart outlines the criteria of Regulation 9/06 and compares it to the features of the property. Regulation 9/06 Criteria 4299 Queen Street Design or Physical Value The property has design value or physical value because it: 1. Is a rare, unique, representative or early example of a style, type, expression, material or construction method. Yes, 5 sided design is unique and illustrates a creative solution to the problem of how to accommodate train tracks which ran alongside the building. 2. Displays a high degree of craftsmanship or artistic merit or 3. Demonstrated a high degree of technical or scientific achievement. Regulation 9/06- Criteria Historic or Associative Value The property has contextual value Page 3 of 17 Page 815 of 990 because it is: 4. Has direct associations with a theme, event, belief, person, activity, organization or institution that is significant to a community. Yes, First large commercial building and first financial institution established on Queen Street. The Bank of Hamilton acted as a catalyst and pulled businesses towards Queen Street which established it as commercial core/downtown for Niagara Falls. 5. Yields, or has the potential to yield information that contributes to an understanding of a community or culture. 6. Demonstrates or reflects the work or ideas of an architect, artist, builder, designer or theorist who is significant to a community. Regulation 9/06- Criteria Contextual Value The property has contextual value because it is: 7. Important in defining, maintaining or supporting the character of an area 8. Physically, functionally, visually or historically linked to its surroundings, 9. A landmark At its meeting on August 23, 2023, the Municipal Heritage Committee reviewed the historical report for the former Bank of Hamilton Building and recommended that staff be directed to issue a Notice of Intention to Designate for 4299 Queen Street due to its Cultural Heritage Value and Interest to the City of Niagara Falls. A letter was sent to the owners of 4299 Queen Street on October 4, 2023, notifying them of the City’s consideration of giving Notice of Intent to Designate the property at the October 24th meeting. Process and Next Steps Under Part IV of the Ontario Heritage Act, the designation of a property is a discretionary activity on the part of Council. If Council agrees to pursue designation for 4299 Queen Street then staff will issue a Notice of Intention to Designate which will be published in the Niagara Falls Review, sent to the property owner and forwarded to the Ontario Heritage Trust. Individuals can object to a proposed designation by serving a notice of objection to the City Clerk within thirty days after the date of publication of the notice of the intent to Page 4 of 17 Page 816 of 990 designate. It should be noted that there is no appeal after a by-law is passed. If no objection is received, staff will bring forward a by-law at a future meeting of Council for adoption. Financial Implications/Budget Impact There are no direct financial implications arising from this report. Strategic/Departmental Alignment The preservation and designation of 4299 Queen Street aligns with the Healthy, Safe and Livable Community strategic goal. List of Attachments Appendix 2 Photo of 4299 Queen Street (present day) Appendix 3 Historical Report 4299 Queen Street Appendix 1 Location Map 4299 Queen Street Written by: Brian Dick, Manager of Policy Planning Submitted by:Status: Andrew Bryce, Director of Planning Approved - 17 Oct 2023 Kira Dolch, General Manager, Planning, Building & Development Approved - 17 Oct 2023 Erik Nickel, General Manager of Municipal Works Approved - 17 Oct 2023 Page 5 of 17 Page 817 of 990 Page 6 of 17 Page 818 of 990 4299 Queen Street (Former Bank of Hamilton Building) Description Page 7 of 17 Page 819 of 990 Current Owner: 2847991 ONTARIO INC (Privy from NF Viewer) Original Owners: Joseph and Mary Ganter Date of Construction: 1894 Legal Description: Stamford Lot 93, Plan 35 Pt. Lot 1 Block “K” Mailing Address: 1100 Gorham Street Suite 18 New Market, Ontario, Canada L3Y8Y8 Page 8 of 17 Page 820 of 990 History The 100 acres of Lot 93 was part of a Crown Patent to William Brown in 1803 who along with 100 acres of Lot 94. William Brown sold the 100 acres of Lot 93 to Thomas Cooper for £125 in 1806 (Instrument No. 1128). In 1852 Alexander Kirkpatrick sold Lot 93 to Samuel Zimmerman (Instrument No. 108) for £3000. Zimmerman became famous as the benefactor of the nascent Town of Clifton, and as a rail tycoon. He arrived in Canada from the US in 1842, his first recorded contract was for the construction of some of the locks along the Welland Canal. This contract led to another to construct tracks for the “Great Western Railway”. In 1854 Zimmerman took over the “Erie and Ontario Railway”, he retired the horses for steam locomotion, and added stations in the Villages of Clifton and Elgin. Zimmerman pushed for the construction of the Railway Suspension Bridge, which allowed for the conveyance of railway traffic from Niagara Falls Ontario to New York by 1855. In 1856 the villages of Clifton and Elgin were brought together to become the Town of Clifton. Zimmerman met an untimely death on the 12th of March 1857 via the Desjardins Canal train accident. The day of his funeral was declared a public holiday; additionally, as he was so involved in the work being done to the Town, work stopped and would take several years for the Town of Clifton to resume its growth. Prior to his death, Zimmerman divided the Lots which he purchased, into properties and sold those as parcels. The 5000 square foot parcel (Lot 1, Block K), on which the Bank of Hamilton was later built, was sold to Arthur Avery in 1854 for £100 (Instrument No. 1871). In 1864, due to the expanse of the railroad network in Niagara, the “Erie and Niagara Railroad” (former “Erie and Ontario”) acquired all of Lot 1 Block K for $650.00 (Instrument No. 13405). A month later the “Erie and Niagara Railroad Company” sold the portion of the land they did not require for the railroad to Joseph Ganter for $100 (Instrument No. 922). Ganter gave a mortgage of the property to a John Bartle of Chippawa in 1867 (Instrument No. 1484), Bartle gave a mortgage of the same amount to James Macklem at the end of 1867 (Instrument No. 393), leading to Macklem Discharging Bartle’s mortgage back to Ganter in 1886 (Instrument No. 1016). In 1895 “W. H. Crowie and Sons” construction company submitted a Mechanic’s Lien against the property, indicative of the construction of a building (Instrument No. 4662/4663). On the 6th of August 1895 “W.H. Crowie & Sons” and Samuel Patten each filed a court action against Mary A. Ganter and Sutherland Macklem (Instrument No. 4738/4739). In 1896 “W. H. Crowie & Sons”, and the estate of Samuel Patten discharged the Lien against the property (Instrument No. 5139/5140). Joseph Ganter dies in 1900. In 1902 Sutherland Macklem agrees to take on the cost of the court-case for this parcel of land (Instrument No. 5680/6581) for the case to be dismissed. Also in 1902, the “Trust & Guarantee Co. Limited”, acting as the administrator for the estate of Joseph Ganter, gives a quitclaim to “The Bank of Hamilton” for $1 (Instrument No. 6593) and a Bargain and Sale of the same property for $10,910 (Instrument No. 6594). When “The Bank of Hamilton”, i.e., the company, was purchased by the “Canadian Bank of Commerce” in 1929 the property was transferred to the new owners (Instrument No. 30650). The “Canadian Bank of Commerce” merged with the “Imperial Bank of Commerce” to become the “Canadian Imperial Bank of Commerce” in 1961. In 1985 the land was Granted from the CIBC to Hun Ku Lee and Gae Ok Lee Page 9 of 17 Page 821 of 990 (Instrument No. 442147). Hun Ku Lee and Gae Ok Lee Transferred their land to Mija Pak in 1992 (Instrument No. 639963) for $205,000. In 1992 Mija Pak entered in to two Charges with “Bank of Montreal” for the amounts of $123,000 and $21,000 (Instrument No. 639965/639966 respectively). Page 10 of 17 Page 822 of 990 Architecture Five-sided Italianate style building with elements of both Neo-Renaissance and early modern commercial styles. Italianate architectural elements include the pilasters which bound each of the bays with their shallow-arched windows; each of the six are capped with rounded finials. Two sets of double hung paired windows flank either side of a solitary central window which is symmetrically positioned at the centre of the façade of the Queen Street frontage. The entablature has a cornice with dentils, a frieze with alternating brickwork to give texture and contrast, and an architrave with small geometric patterns made of brick. There is a pent roof with a course of dentils and soffit running between the ground and second floor. The ground floor was changed in the 1920s to expand the banking services, and again in the 1980s. One of these changes removed the windowsill from the Erie Avenue corner to permit an entrance from either Queen Street or Erie Avenue. Neo-Renaissance style is noted via the minimal decoration, especially when compared to that of a traditional Italianate style structures (consider the lack of quoining and/or corbels). The main distinctive architectural feature of this building is that it is constructed with five-sides rather than the standard four. This property was sold, in its entirety, to the “Erie and Niagara Railroad” in 1864. After carving the parcel required for the rail line, the “Erie and Niagara Railroad” sold the remaining part to Joseph Ganter who had this building constructed in 1894/95. In order to accommodate the rail line, which preceded the building, this building had to be built with a cut on the north-east corner giving the building its characteristic five-sides. The building provides a definitive reminder of the train tracks which spread throughout the City and reveals a unique way for the accommodation of infrastructure and transportation in the early growth of the City of Niagara Falls. Page 11 of 17 Page 823 of 990 Façade of 4299 Queen Street from Queen Street. Note the six pilasters symmetrically laid out with the five window-bays; two pairs of windows flank either side of the one central single window. Page 12 of 17 Page 824 of 990 Shorter pilasters on the Queen Street side of 4299 Queen Street. View from the corner of Queen Street and Erie Avenue showing the removed window-sill, converting it into a second door on the right of the corner. Page 13 of 17 Page 825 of 990 Close-up of the entablature featuring the cornice with dentils, the frieze with some decorative brick work and the architrave with a set of five decorative features. Each pilaster is capped with a rounded finial. Page 14 of 17 Page 826 of 990 Significance The building at 4299 Queen Street was built in 1894/95, prior to the establishment of the City of Niagara Falls (1904) and was the first large commercial building constructed on Queen Street. This is significant since it was unsettled whether the commercial centre of what would become the downtown, would be along Erie Avenue and Bridge Street (closer to the train stations), or Queen Street. The first business to be established in this building, in 1902, was a bank. The construction of this commercial building was expensive leading to legal action for payment against the land-owners to pay the contractors for the construction. The debts placed on the building from its construction led to the property and building being sold in 1902 as both a Quitclaim (Instrument No. 6593) and a Bargain and Sale (Instrument No. 6594), this could indicate that the sellers were eager to offload the property. The establishment of a financial institution on Queen Street in 1902 was a catalyst, pulling businesses toward Queen Street. The establishment of Queen Street as the main area of commerce and business, as opposed to Drummondville/the Stamford Township Hall, and even Erie/Bridge Street encouraged more businesses to open along Queen Street and the establishment of Queen Street as the downtown for Niagara Falls. The five-side design of the structure is significant as a solution to a problem of how to accommodate the train tracks which ran alongside the building. In addition to a creative solution, the five-sided building offers an opportunity to see the importance of rail traffic to the City in a real, long-lasting and permanent way. The building also acts as a reminder of the former expanse of train tracks through-out the City including their connections to the establishment of this downtown, the bridges and the growth of the City in general. The Bank of Hamilton operated on the main floor from 1902-1924, when the company was bought by the Bank of Commerce. It operated as a Bank of Commerce from 1924 to 1961 when that bank was merged with the Imperial Bank to give the Canadian Imperial Bank of Commerce from 1961 to 1985. The second floor was the office of the City Solicitor from 1914-1968. Page 15 of 17 Page 827 of 990 Sources Ontario Heritage Trust. ‘Architectural Style”. https://www.heritagetrust.on.ca/places-of-worship/places- of-worship-database/architecture/architectural-style Ontario Architecture http://ontarioarchitecture.ca/index.html Sherman Zavitz. (30 July 2005) “Niagara then and now Erie Avenue at Queen”. The Niagara Falls Review. City of Niagara Falls Municipal Register of Heritage Properties. Mark Fram. Well-Preserved: The Ontario Heritage Foundation’s Manual of Principles and Practice for Architectural Conservation. Boston Mills: 1998. https://www.heritagetrust.on.ca/en/pages/publications/well-preserved The Exchange: Niagara Falls Museums, History Notes, “Samuel Zimmerman”, < https://nfexchange.ca/museum/discover-our-history/history-notes/samuel-zimmerman>. Page 16 of 17 Page 828 of 990 Z3 Appendix 1-Location Map """7g“"’J‘7"~'-'~§4299 Queen Street 257 4389 4555 X ParkSt 40004510 4512 8 <3,40104615 4501 43514357 4524 45224024 > 4638 N r‘<4525 g g E 3 43434349 43214337 E :1’43034307 us] 4365 5 g.g 4 4 B E0 Queen St E 0 st E 4254 4:434;4310 4091 E Subject Property Page 17 of 17 Page 829 of 990 R&C-2023-09 Report Report to:Mayor and Council Date:October 24, 2023 Title:Niagara Falls Cultural Ambassadors Recommendation(s) That City Council consider the following motions passed at the August 3, 2023 Niagara Falls Culture Committee meeting: 1. That Council approve the Culture Committee’s recommendation to establish an ambassador programme that includes a Town Crier and a Poet Laureate, and 2. That the budgetary costs associated be considered in the 2024 operating budget. Executive Summary The Culture Committee has explored ambassador programmes for the City of Niagara Falls. There were many options considered. At this point in time, the Committee would like to put forward positions that would maintain the Town Crier and add a Poet Laureate to the ambassador programme. It is requested at the next budgetary cycle that these positions be provided an appearance fee of $250 per appearance up to four official appearances per year. The renewal, additional and support of these positions will confirm the city's support for the arts in general. Background Council was presented with a similar report in 2020 (R&C-2020-03) that looked at updating the cultural opportunities in the City. The Niagara Falls Culture Committee reviewed many options and approaches to the creative community and equivalent programmes. In a 2020 report only two were presented (City Historian and Town Crier). At that Council, staff were requested to report back. The pandemic put a hold on these positions. The Town Crier position is currently occupied. In the 2023 budget, Council reduced the honorarium for the position from $1500 per annum to a per appearance fee of $75. With a new Culture Committee appointed by Council, the item was put on the May Culture Committee agenda. The Culture Committee recommended that City Council approve and new provide will that with new this fresh forward moving program perspectives on our community from the creative sector. Page 1 of 8 Page 830 of 990 The City of Niagara Falls appointed Sherman Zavitz as City Historian over 25 years ago. At that time, the City Historian was appointed due to the individuals’ thorough understanding of our history and ability to present it to the public. With the retirement of Mr. Zavitz in 2019, City Staff researched current trends and spoke to staff in knowledge industries both within the City and Region. Currently, there are no City Historians in the Niagara Region that we are aware of. This is largely due to the rise in the past 25 years of professionals in related fields who fulfill some or most of these roles. At this time, the Culture Committee does not feel that this position needs to be part of this programme. The Committee wishes to retain the role of Town Crier as is. The Committee wishes to add a Poet Laureate to the program. Many Ontario cities have added this role to the cultural offerings of their community. The role of a Poet Laureate is to reflect the life of the city through readings of poetry. They will become an advocate for literary arts and will introduce people to the medium. An individual can only be appointed to one of the Cultural Ambassador positions. The Cultural Ambassador shall adhere to the same Code of Conduct and Rules and Regulations as City employees. The individual shall be impartial and will act in the interest of the City and not for personal gain while maintaining a high standard of ethical, moral and legal conduct. Analysis The Cultural Ambassadors program has a Poet Laureate to reflect on contemporary life in the City and a Town Crier that assists with events and add colour to civic pride and engagement activities. Staff will set up the call out for the Poet Laureate position. The Culture Committee would review the applications and make a recommendation to City Council. Council would approve the appointments. Staff will assist with promotion, scheduling and other needs of the position once filled. Financial Implications/Budget Impact The Committee would request that these positions be considered for the 2024 budget. These are honorary positions within the City however; individuals in these positions will receive $250/appearance up to four appearances per year. No one individual will hold more than one of these positions. Strategic/Departmental Alignment This initiative fits with the City's goal to be socially sustainable and promote residents' quality of life and well-being. It also fits the departmental goals of: Page 2 of 8 Page 831 of 990 Bringing the Community Together through Recreation, Culture and Parks Reflecting Authentic Cultural Experiences & Local History Contributing to Complete & Vibrant Communities List of Attachments Poet Laureate for the City of Niagara Falls ToR v2 Town Crier for the City of Niagara Falls ToR v2 Written by: Clark Bernat, Culture & Museums Manager Submitted by:Status: Kathy Moldenhauer, General Manager of Recreation, Culture & Facilities Approved - 17 Oct 2023 Erik Nickel, General Manager of Municipal Works Approved - 17 Oct 2023 Page 3 of 8 Page 832 of 990 Poet Laureate for the City of Niagara Falls Terms of Reference Objectives The role of the Poet Laureate is to raise the profile of the literary arts by:  Writing and publishing poetry  Performing poetry  Educating the public on the value of poetry and the literary arts  Encouraging and celebrating other local poets and writers  Promoting literacy in all age groups Key Responsibilities The Poet Laureate will provide a minimum of three (3) and a maximum of five (5) deliverables from the following list. The Poet Laureate will create works that reflect the values of the City. The Poet Laureate and Cultural Staff will agree upon this list in October of the year preceding.  Delivery of one original and new poem at the start of City Council during poetry month (April).  Develop and deliver an event at a City Cultural Facility during the month of April. This is a mandatory responsibility.  Delivery of one original and new poem at Niagara Falls Night of Art.  Development and delivery of literary events in the city.  Delivery of an original and new poem at another city designated event. All newly created content will be provided to City Staff for review and will be posted on the City of Niagara Falls website as required. Term and Payment The Poet Laureate will run concurrent with the term of council and will receive $250/appearance with a maximum of four appearances per year. Travel and incidental expenses associated with performing the Poet Laureate’s duties shall come from this amount. Administrative Support Administrative support for the Poet Laureate includes a page on the city website, a mailing address and support. The City will provide social media support, which will include posting chosen works and posts on the city website and social media accounts. Page 4 of 8 Page 833 of 990 Code of Conduct As the Poet Laureate you will conduct yourself professionally both on and off duty. Inflammatory comments or unprofessional remarks made about the City of Niagara Falls, its employees including the Mayor and Council, customers, vendors or competitors will not be tolerated and, may result in disciplinary action, up to and including termination. The Poet Laureate is required to follow all City of Niagara Falls Code of Conduct, Social Media Use Policy and Human Resources Policies. Intellectual Property All writing, notes and original materials produced during the tenure of the Poet Laureate remain the property of the individual, who shall retain all right thereto. Any special considerations for slogans, promotional materials, items or advertising campaigns, will be contracted directly with the city. Selection Criteria Candidates must:  display literary excellence demonstrated by peer and/or public recognition;  have a body of work that includes poems about Niagara subjects;  have been professionally published; and  be a Niagara Falls resident  The Poet Laureate must be willing to serve and have the ability to be an ambassador for writers and the literary arts. Submissions The application period is open from xxx to xxxx Submission Deadline is – xxxx Eligible poets or spoken word artists are invited to submit proposals that include the following: 1. Curriculum Vitae 2. A minimum of 3 and maximum of 5 examples of published work from within the last 10 years - 1 should be an audio or video recording. 3. Confirmation of place of residence (acceptable proof of residence includes a photocopy of valid official government photo ID with current address listed). City of Niagara Falls resident 4. The contact information for three professional references that can verify the poet’s abilities in the following areas: poetry or spoken word, event or project management, public speaking and professionalism. 5. Letter of Intent (500 words maximum) detailing: o How the poet would represent the City of Niagara Falls and interact in civic life at special events or occasions o How the Poet would engage with the Niagara Falls Library System Submissions are accepted via email or paper copy. Submissions sent by email should be one document in Word or PDF format. Page 5 of 8 Page 834 of 990 Audio files can be sent as a second document. Please send email submissions to: cbernat@niagarafalls.ca Paper submissions will be accepted c/o: City of Niagara Falls Historian in Residence Submissions, Culture Section, 5810 Ferry Street, Niagara Falls, ON, L2G 1S9 Selection Process Appointment will be made by a selection committee comprised of 3-5 members of the Niagara Falls Culture Committee. Submissions will be reviewed using the following criteria:  The Poet has made a significant contribution to poetry and the literary arts in Niagara Falls  Artistic merit of the submission, including the relevancy to the City of Niagara Falls and its values  The potential impact of the proposed civic engagement and/or poetry projects as identified in the applicant’s Letter of Intent Potential applicants may be requested to attend an in-person interview as part of the selection process. Public information about the applicant available online (social media presence, website, media releases) may also be reviewed by committee members as part of the selection process. Reserved Rights of the City of Niagara Falls The City of Niagara Falls, at its sole discretion, reserves the following rights:  To request clarification or additional information, as it deems necessary to evaluate submissions  To determine suitability of the submission and capability of the prospective poet  To select the poet that it deems most appropriate for the project  To make no selection or to cancel this process at any time  To issue public announcements regarding the competition  To ensure that no single individual will hold more than one Cultural Ambassador title (e.g. Historian in Residence, Town Crier, Poet Laureate) This document and any submissions in response to it by prospective poets do not create any binding obligations on the City, the prospective poet or any other party. Any questions about the Poet Laureate Program should be directed to Clark Bernat, Senior Manager of Culture (cbernat@niagarafalls.ca 905- 356-7521 x5906) Page 6 of 8 Page 835 of 990 Town Crier for the City of Niagara Falls Terms of Reference Objectives The role of the Town Crier is to raise the profile of the community by:  Writing and delivering “cries” and welcoming proclamations at various events Key Responsibilities The Town Crier will provide three (3) to five (5) deliverables from the following list. The Town Crier will create new “cries” for each event and will reflect the values of the City. The Town Crier and Cultural Staff will agree upon this list in October of the year preceding.  The Town Crier will be available to ‘cry’ at the following events in the City of Niagara Falls: Canada Day Parade, Santa Claus Parade, Arts & Culture Wall of Fame and two other event at the discretion of the Recreation & Culture staff. Should the events listed not require the services of the Town Crier, or should the Town Crier not be available for one of the listed events, alternative events may be required but shall not exceed 5 (five) official city functions.  The Crier will also act as an ambassador of the City of Niagara Falls in his/her travels outside the Niagara Falls community. All newly created content will be provided to City Staff for review and will be posted on the City of Niagara Falls website as required. Term and Payment The Town Crier will run concurrent with the term of council and will receive $250/appearance with a maximum of four appearances per year. Travel and incidental expenses associated with performing the Town Crier’s duties shall come from this amount. The Crier must be a resident of the City of Niagara Falls. The Crier will be available to community groups for special events and anniversaries and will be allowed to charge an honorarium for such services. Administrative Support Administrative support for the Town Crier includes a page on the city website, a mailing address and support for routine office tasks and correspondence. The City will provide social media support which will include posting chosen and commissioned works and posts on the city website and Facebook and other social media accounts. Code of Conduct As the Town Crier you will conduct yourself professionally both on and off duty. Inflammatory comments or unprofessional remarks made about the City of Niagara Falls, its employees including the Mayor and Council, customers, vendors or competitors will not be tolerated and, may result in disciplinary action, up to and including termination. The Town Crier is required to follow all City of Niagara Falls Code of Conduct, Social Media Use Policy and Human Resources Policies. Page 7 of 8 Page 836 of 990 Intellectual Property All writing, notes and original materials produced during the tenure of the Town Crier remain the property of the individual, who shall retain all right thereto. Any special considerations for slogans, promotional materials, items or advertising campaigns, will be contracted directly with the city. Reserved Rights of the City of Niagara Falls The City of Niagara Falls, at its sole discretion, reserves the following rights:  To make no selection or to cancel this process at any time  To issue public announcements regarding the competition  To ensure that no single individual will hold more than one Cultural Ambassador title (e.g. City Historian and Town Crier) This document and any submissions in response to it by prospective criers do not create any binding obligations on the City, the prospective crier or any other party. Any questions about the Town Crier Program should be directed to Clark Bernat, Senior Manager of Culture, City of Niagara Falls (cbernat@niagarafalls.ca 905-356-7521 x5906) Page 8 of 8 Page 837 of 990 F-2023-29 Report Report to:Mayor and Council Date:October 24, 2023 Title: 2021 Corporation of the City of Niagara Falls (Draft) Audited Consolidated Financial Statements Recommendation(s) That Council APPROVE the 2021 Corporation of the City of Niagara Falls Draft Consolidated Financial Statements. Executive Summary The City’s auditors, Crawford, Smith & Swallow, have completed the audit of the financial statements for the year ending December 31, 2021. This report is the presentation of those statements for Council’s review and endorsement. The statements are presented in draft form so that Council can approve them. The statements will then be finalized and published. Background The Finance Department continues its efforts to bring our audited financial statements up to the current year. The Finance team and our Auditors had incurred some setbacks that caused delays. In collaboration with the Auditor it is anticipated the City will become current in the next 6-9 months as Finance and our auditors work together on completing the 2022 Draft Consolidated Financial Statements with 2022 drafts anticipated in Q2 2024. The City of Niagara Falls is required to have an annual audit conducted by a qualified accounting firm to meet its obligations legislatively and for the banking covenants. The City has engaged Crawford, Smith & Swallow Chartered Professional Accountants LLP to perform the audit and they have issued an opinion on the financial statements. In addition to the statements, the auditors have reviewed the City’s Financial Information Return (FIR) submission to the Province of Ontario. Analysis Analysis relating to the City's 2021 budget to actual variances, year end reserve balances and closed capital reports can be found on the following reports on the Council agenda on the various dates noted: F-2021-45 - Capital Project Closing Report as at June 30, 2021 - August 10, 2021 agenda Page 1 of 49 Page 838 of 990 F-2022-36 - 2021 Parking Fund Budget to Actual Variance (unaudited) - July 12, 2022 Council Meeting F-2022-41 - 2021 Water & Wastewater Budget to Actual Variance (unaudited) - August 9, 2022 Council Meeting F-2023-16 – 2021 (unaudited) Budget to Actual Variance Report - Tax Levy Supported Operating Fund – August 15, 2023 agenda Strategic/Departmental Alignment 1. Financial Sustainability 2. Investment and Sustainability of City Infrastructure List of Attachments F-2023-29 2021 City of Niagara Falls Draft Audited Financial Statements F-2023-29 2021 City of Niagara Falls Independence Letter F-2023-29 2021 City of Niagara Falls Pre-Audit Letter F-2023-29 2021 City of Niagara Falls Draft Post-Audit Letter Written by: Tiffany Clark, Director of Finance Submitted by:Status: Tiffany Clark, Director of Finance Approved - 19 Oct 2023 Shelley Darlington, General Manger of Corporate Services Approved - 19 Oct 2023 Erik Nickel, General Manager of Municipal Works Approved - 19 Oct 2023 Page 2 of 49 Page 839 of 990 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO Consolidated Financial Statements December 31, 2021 Page 3 of 49 Page 840 of 990 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO Consolidated Financial Statements December 31, 2021 Table of Contents Page Management Report 1 Independent Auditor's Report 2-4 Consolidated Statement of Financial Position 5 Consolidated Statement of Operations and Accumulated Surplus 6 Consolidated Statement of Cash Flows 7 Consolidated Statement of Change in Net Financial Assets 8 Notes to Consolidated Financial Statements 9-30 Schedule of Segmented Reporting 31-32 Schedules of Tangible Capital Assets 33-34 Page 4 of 49 Page 841 of 990 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO MANAGEMENT REPORT December 31, 2021 The accompanying consolidated financial statements of the Corporation of the City of Niagara Falls, Ontario (the "Municipality") are the responsibility of the Municipality's management and have been prepared in accordance with Canadian public sector accounting standards established by the Public Sector Accounting Board of the Chartered Professional Accountants of Canada, as described in Note 1 to the consolidated financial statements. The preparation of consolidated financial statements necessarily involves the use of estimates based on management's judgement, particularly when transactions affecting the current accounting period cannot be finalized with certainty until future periods. Municipality management maintains a system of internal controls designed to provide reasonable assurance that assets are safeguarded, transactions are properly authorized and recorded in compliance with legislative and regulatory requirements and reliable financial information is available on a timely basis for preparation of the consolidated financial statements. These systems are monitored and evaluated by management. Council meets with management and the external auditor to review the consolidated financial statements and discuss any significant financial reporting or internal control matters prior to their approval of the consolidated financial statements. The consolidated financial statements have been audited by Crawford Smith & Swallow, Chartered Professional Accountants LLP, independent external auditors appointed by the Municipality. The accompanying Independent Auditor's Report outlines their responsibilities, the scope of their examination and their opinion on the Municipality's consolidated financial statements. ____________________________ ____________________________ Jim Diodati Jason Burgess Mayor Chief Administrative Officer 1 Page 5 of 49 Page 842 of 990 INDEPENDENT AUDITOR'S REPORT To the Members of Council, Inhabitants and Ratepayers of the Corporation of the City of Niagara Falls, Ontario Opinion We have audited the accompanying consolidated financial statements of the Corporation of the City of Niagara Falls, Ontario, which comprise the consolidated statement of financial position as at December 31, 2021, and the consolidated statements of operations and accumulated surplus, change in net financial assets and cash flows for the year then ended, and notes to the consolidated financial statements, including a summary of significant accounting policies. In our opinion, the accompanying consolidated financial statements present fairly, in all material respects, the consolidated financial position of the Corporation of the City of Niagara Falls, Ontario as at December 31, 2021, and the results of its operations, cash flows and change in net financial assets for the year then ended in accordance with Canadian public sector accounting standards. Basis for Opinion We conducted our audit in accordance with Canadian generally accepted auditing standards. Our responsibilities under those standards are further described in the Auditor's Responsibilities for the Audit of the Consolidated Financial Statements section of our report. We are independent of the Municipality in accordance with the ethical requirements that are relevant to our audit of the financial statements in Canada, and we have fulfilled our other ethical responsibilities in accordance with these requirements. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our opinion. Responsibilities of Management and Those Charged with Governance for the Consolidated Financial Statements Management is responsible for the preparation and fair presentation of these consolidated financial statements in accordance with Canadian public sector accounting standards, and for such internal control as management determines is necessary to enable the preparation of financial statements that are free from material misstatement, whether due to fraud or error. 2 Page 6 of 49 Page 843 of 990 In preparing the consolidated financial statements, management is responsible for assessing the Municipality's ability to continue as a going concern, disclosing, as applicable, matters related to going concern and using the going concern basis of accounting unless management either intends to liquidate the Municipality or to cease operations, or has no realistic alternative but to do so. Those charged with governance are responsible for overseeing the Municipality's financial reporting process. Auditor's Responsibilities for the Audit of the Consolidated Financial Statements Our objectives are to obtain reasonable assurance about whether the consolidated financial statements as a whole are free from material misstatement, whether due to fraud or error, and to issue an auditor's report that includes our opinion. Reasonable assurance is a high level of assurance, but is not a guarantee that an audit conducted in accordance with Canadian generally accepted auditing standards will always detect a material misstatement when it exists. Misstatements can arise from fraud or error and are considered material if, individually or in the aggregate, they could reasonably be expected to influence the economic decisions of users taken on the basis of these consolidated financial statements. As part of an audit in accordance with Canadian generally accepted auditing standards, we exercise professional judgment and maintain professional skepticism throughout the audit. We also: a)Identify and assess the risks of material misstatement of the consolidated financial statements, whether due to fraud or error, design and perform audit procedures responsive to those risks, and obtain audit evidence that is sufficient and appropriate to provide a basis for our opinion. The risk of not detecting a material misstatement resulting from fraud is higher than for one resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentations, or the override of internal control. b)Obtain an understanding of internal control relevant to the audit in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the Municipality's internal control. c)Evaluate the appropriateness of accounting policies used and the reasonableness of accounting estimates and related disclosures made by management. d)Conclude on the appropriateness of management's use of the going concern basis of accounting and, based on the audit evidence obtained, whether a material uncertainty exists related to events or conditions that may cast significant doubt on the Municipality's ability to continue as a going concern. If we conclude that a material uncertainty exists, we are required to draw attention in our auditor's report to the related disclosures in the financial statements or, if such disclosures are inadequate, to modify our opinion. Our conclusions are based on the audit evidence obtained up to the date of our auditor's report. However, future events or conditions may cause the Municipality to cease to continue as a going concern. e)Evaluate the overall presentation, structure and content of the consolidated financial statements, including the disclosures, and whether the consolidated financial statements represent the underlying transactions and events in a manner that achieves fair presentation. 3 Page 7 of 49 Page 844 of 990 We communicate with those charged with governance regarding, among other matters, the planned scope and timing of the audit and significant audit findings, including any significant deficiencies in internal control that we identify during our audit. We also provide those charged with governance with a statement that we have complied with relevant ethical requirements regarding independence, and to communicate with them all relationships and other matters that may reasonably be thought to bear on our independence, and where applicable, related safeguards. Niagara Falls, Ontario REPORT DATE CRAWFORD SMITH & SWALLOW CHARTERED PROFESSIONAL ACCOUNTANTS LLP LICENSED PUBLIC ACCOUNTANTS 4 Page 8 of 49 Page 845 of 990 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO CONSOLIDATED STATEMENT OF FINANCIAL POSITION December 31, 2021 (In thousands of dollars) 2021 2020 $$ Financial Assets - note 8 Cash - note 3 64,748 55,563 Investments - note 4 119,513 120,102 Taxes receivable - note 5 15,194 22,316 Accounts receivable 20,017 8,797 User fees receivable 5,504 5,863 Long-term receivables - note 6 672 914 Long-term investment - note 7 96,732 94,780 322,380 308,335 Contingent Liabilities - note 9 Liabilities Accounts payable and accrued liabilities - note 8 29,665 27,915 Deferred revenue - obligatory reserve funds - note 10 55,643 47,098 Deferred revenue - note 11 12,557 13,611 Other liabilities 11,132 9,295 Post-employment benefits - note 12 29,113 29,360 Net long-term liabilities - note 13 70,040 53,037 208,150 180,316 Net Financial Assets 114,230 128,019 Non-Financial Assets Tangible capital assets 851,967 796,516 Inventories and prepaid expenses 3,751 3,458 855,718 799,974 Accumulated Surplus - note 14 969,948 927,993 Contingent Liabilities and Contractual Obligations and Commitments - notes 9 and 16 Signed on behalf of the Municipality: _____________________________ Mayor _____________________________ Chief Administrative Officer See accompanying notes 5 Page 9 of 49 Page 846 of 990 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO CONSOLIDATED STATEMENT OF OPERATIONS AND ACCUMULATED SURPLUS for the year ended December 31, 2021 (In thousands of dollars) Budget Actual Actual 2021 2021 2020 $$$ note 21 Revenue Taxation - note 5 81,020 81,936 79,893 User fees 51,765 47,114 48,409 Government of Canada grants 1,380 5,200 2,999 Province of Ontario grants 2,204 8,247 5,751 Other municipal grants 2,785 3,617 7,475 Interest, penalties and fines 2,153 1,731 2,196 Investment income 2,511 1,504 2,252 Casino and gaming revenues 5,895 8,557 3,979 Niagara Falls Hydro Holding Corporation net comprehensive income - note 7 3,393 2,236 Contributions from Obligatory Reserve Funds - note 10 11,688 13,803 Other 10,983 12,707 9,940 Contributed tangible capital assets 40,616 Loss on disposal of tangible capital assets (2,727)(413) 160,696 223,583 178,520 Expenses General government 17,092 25,343 18,538 Protection to persons and property 27,511 30,704 28,593 Transportation services 38,635 56,119 47,064 Environmental services 35,886 36,307 42,902 Health services 2,102 2,266 1,972 Social and family services 890 669 753 Recreation and cultural services 19,599 24,212 23,253 Planning and development 5,572 6,008 5,286 147,287 181,628 168,361 Annual Surplus 13,409 41,955 10,159 Accumulated Surplus, Beginning of Year 927,993 927,993 917,834 Accumulated Surplus, End of Year 941,402 969,948 927,993 See accompanying notes 6 Page 10 of 49 Page 847 of 990 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO CONSOLIDATED STATEMENT OF CASH FLOWS for the year ended December 31, 2021 (In thousands of dollars) 2021 2020 $$ Operations Annual surplus 41,955 10,159 Changes in non-cash assets and liabilities - note 18 7,630 (75,513) Non-cash charges to operations Amortization of tangible capital assets 31,988 28,182 Loss on disposal of tangible capital assets 2,727 413 Contributed tangible capital assets (40,616) Niagara Falls Hydro Holding Corporation net comprehensive income - note 7 (3,393)(2,236) Net increase (decrease) in cash from operations 40,291 (38,995) Capital Acquisition of tangible capital assets (49,550)(53,761) Investing Dividends received from Niagara Falls Hydro Holding Corporation - note 14(c)1,441 670 Net increase in cash from investing 1,441 670 Financing Long-term debt issued 20,865 8,400 Long-term debt repaid (3,862)(3,885) Net increase in cash from financing 17,003 4,515 Increase (Decrease) in Cash Position 9,185 (87,571) Cash Position, Beginning of Year 55,563 143,134 Cash Position, End of Year 64,748 55,563 See accompanying notes 7 Page 11 of 49 Page 848 of 990 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO CONSOLIDATED STATEMENT OF CHANGE IN NET FINANCIAL ASSETS for the year ended December 31, 2021 (In thousands of dollars) Budget Actual Actual 2021 2021 2020 $$$ note 21 Annual Surplus 13,409 41,955 10,159 Acquisition of Tangible Capital Assets (46,742) (49,550) (53,761) Amortization of Tangible Capital Assets 31,988 31,988 28,182 Loss on Disposal of Tangible Capital Assets 2,727 2,727 413 Contributed Tangible Capital Assets (40,616) (40,616) Change in Inventories and Prepaid Expenses - note 18 (293)(382) Decrease in Net Financial Assets (39,234)(13,789)(15,389) Net Financial Assets, Beginning of Year 128,019 128,019 143,408 Net Financial Assets, End of Year 88,785 114,230 128,019 See accompanying notes 8 Page 12 of 49 Page 849 of 990 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31, 2021 1. Significant Accounting Policies The consolidated financial statements of the Corporation of the City of Niagara Falls, Ontario (the "Municipality") are the representations of management prepared in accordance with Canadian public sector accounting standards established by the Public Sector Accounting Board ("PSAB") of the Chartered Professional Accountants of Canada ("CPA Canada") with the exception of providing budget figures. See note 21. (a) Basis of consolidation (i)These consolidated financial statements reflect the assets, liabilities, revenue and expenses of the operating fund, reserves, reserve funds and changes in investment in tangible capital assets. They include the activities of all committees of Council and the following boards, municipal enterprises and utilities which are under the control of Council: Niagara Falls Public Library Board Clifton Hill Business Improvement Area Downtown Board of Management Fallsview Business Improvement Area Lundy's Lane Business Improvement Area Main & Ferry Business Improvement Area Victoria & Centre Business Improvement Area Niagara Convention & Civic Centre Inc. Niagara Falls Hydro Holding Corporation The Municipality's wholly owned subsidiary Niagara Falls Hydro Holding Corporation ("NFHHC") is accounted for on a modified equity basis, consistent with the accounting treatment for government business enterprises. Under the modified equity basis, the business enterprise's accounting principles are not adjusted to conform with those of the Municipality, and inter-organizational transactions and balances are not eliminated. The Municipality recognizes its equity interest in the net comprehensive income or loss of NFHHC in its Consolidated Statement of Operations and Accumulated Surplus with a corresponding increase or decrease in its investment asset account. Any dividends that the Municipality may receive from NFHHC will be reflected as reductions in the investment asset account. 9 Page 13 of 49 Page 850 of 990 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31, 2021 1. Significant Accounting Policies - continued (a) Basis of consolidation - continued (ii) Partial-consolidated entity The following joint local board is proportionately consolidated. See note 19. Niagara District Airport Commission (Joint Board) (iii) Accounting for Regional Municipality of Niagara and School Board transactions The taxation, other revenue, expenses, assets and liabilities with respect to the operations of the school boards and the Regional Municipality of Niagara (the "Region") are not reflected in the municipal fund balances of these consolidated financial statements. See note 2. (iv) Trust funds Trust funds and their related operations administered by the Municipality are not consolidated, but are reported separately on the Trust Funds Statement of Financial Position and Statement of Financial Activities and Changes in Fund Balances. (b) Basis of accounting (i) Revenue and expenses are reported on the accrual basis of accounting. (ii)The accrual basis of accounting recognizes revenues as they become available and measurable; expenses are recognized as they are incurred and measurable as a result of receipt of goods or services and the creation of a legal obligation to pay. (iii) Investments Investments consist of Government of Canada treasury bills and crown corporation bonds; provincial government bonds; and Canadian corporate bonds. Investments are recorded at cost plus accrued interest. (iv) Long- term receivables Long-term receivables are initially reported on the Consolidated Statement of Financial Position at cost. Recoverability is assessed annually and a valuation allowance is recorded when recoverability is impaired. The long-term receivables are written off when they are no longer recoverable. Recoveries of long-term receivables previously written off are recognized as revenue in the year received. Interest revenue is recognized as it is earned. (v) Non-financial assets Non-financial assets are not available to discharge existing liabilities and are held for use in the provision of services. They have useful lives extending beyond the current year, and are not intended for sale in the ordinary course of operations. The change in non-financial assets during the year, together with the annual surplus, provides the change in net financial assets for the year. 10 Page 14 of 49 Page 851 of 990 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31, 2021 1. Significant Accounting Policies - continued (b)Basis of accounting - continued (vi) Tangible capital assets Tangible capital assets are recorded at cost. Cost includes all directly attributable expenditures in the acquisition, construction, development and/or betterment of the asset required to install the asset at the location. Amortization is recorded to reflect the cost, net of anticipated residual value, associated with the use of the asset in providing government services on a straight-line basis over the estimated useful life of the asset. Assets under construction are not amortized until the asset is available for productive use, at which time they are capitalized. Gains and/or losses on the disposal of an asset is recorded on the Consolidated Statement of Operations and Accumulated Surplus as "gain/loss on disposal of tangible capital assets". Asset Class Period General Land - NIL Land improvements - 10-60 years Buildings - 15-100 years Furniture and equipment - 10-25 years Vehicles - 6-25 years Leasehold improvements - 10-75 years Infrastructure Environmental - 30-100 years Roads - 10-75 years Water - 15-100 years Tangible capital assets received as contributions are recorded at their fair market value at the date of receipt and are also recorded as revenue. Similarly, transfers of assets to third parties are recorded as an expense equal to the net book value of the asset as of the date of transfer. The historical cost of works of art or historical treasures has not been assigned to these assets nor disclosed in the consolidated financial statements. (vi) Inventories Inventories are valued at average cost. 11 Page 15 of 49 Page 852 of 990 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31, 2021 1. Significant Accounting Policies - continued (b)Basis of accounting - continued (vii) Deferred revenue - obligatory reserve funds Deferred revenue - obligatory reserve funds represents development charge contributions, public purpose, parkland dedication, Provincial Gas Tax, Canada Community Building Fund and Ontario Community Infrastructure Fund, levied or received under the authority of federal and provincial legislation and Municipality by-laws. These amounts have been collected but the related services have yet to be performed - see note 10. These amounts will be recognized as revenue in the fiscal year the services are performed. (viii) Deferred revenue Funds received for specific purposes are accounted for as deferred revenue until the Municipality discharges the obligation which led to the receipt of the funds. (ix) Government transfers Government transfers are recognized in the period in which the events giving rise to the transfers occur, providing the transfers are authorized, any eligibility criteria are met, and reasonable estimates of the amounts can be made, except when and to the extent that stipulations associated with the transfer give rise to a liability. Transfers are recognized as deferred revenue when transfer stipulations give rise to a liability. The transfer revenue is recognized in the Consolidated Statement of Operations and Accumulated Surplus as the stipulations giving rise to the liabilities are settled. (x) Employee future benefits The Municipality provides defined retirement and other future benefits to specified employee groups. These benefits include pension, health care benefits, dental benefits, future paid sick leave benefits, retirement gratuity, workers' compensation and long-term disability benefits. The Municipality has adopted the following policies with respect to accounting for these employee benefits: (1)The costs of self-insured retirement and other employee future benefit plans are actuarially determined using management's best estimate of salary escalation, accumulated sick days during employment and at retirement, insurance and health care cost trends, disability recovery rates, long-term inflation rates and discount rates. The cost of retirement gratuities are actuarially determined using the employee's salary, banked sick days and years of service and management's best estimate of discount rates. Any actuarial gains and losses arising from changes to the discount rate are amortized over the expected average remaining service life of the employee group. 12 Page 16 of 49 Page 853 of 990 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31, 2021 1. Significant Accounting Policies - continued (b)Basis of accounting - continued (x) Employee future benefits - continued For self-insured retirement and other employee future benefits that vest or accumulate over the periods of service provided by the employees, such as health care benefits for retirees or retirement gratuities, the cost is actuarially determined using projected benefits method prorated on service. Under this method, the benefit costs are recognized over the expected average service life of the employee group. For those self-insured benefit obligations that arise from specific events that occur from time to time, such as obligations for workers' compensation, long-term disability and life insurance and health care benefits for those on disability leave, the cost is recognized immediately in the period the events occur. Any actuarial gains and losses that are related to these benefits are recognized immediately in the period they arise. (2)The costs of multi-employer defined pension plan benefits, such as the Ontario Municipal Employees Retirement System pensions, are the employer's contributions due to the plan in the period. (3)The costs of insured benefits are the employer's portion of insurance premiums owed for coverage of employees during the period. (xi) Tax revenue Taxes receivable and tax revenue are recognized when they meet the definition of an asset, the tax is authorized and the taxable event has occurred. (xii) Investment income Investment income is reported as revenue in the period earned. When required by the funding government or provincial legislation, investment income earned on deferred revenue is added to the investment and forms part of the deferred revenue balance. (xiii) Other income Other income is recognized as revenue when service is performed. 13 Page 17 of 49 Page 854 of 990 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31, 2021 1. Significant Accounting Policies - continued (b)Basis of accounting - continued (xiv) Use of estimates The preparation of the consolidated financial statements in conformity with Canadian public sector accounting standards requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent assets and liabilities at the dates of the consolidated financial statements and the reported amounts of revenue and expenses during the reporting periods. Accounts subject to significant estimates include accounts receivable, tangible capital assets, accounts payable and accrued liabilities, and employee future benefits. Theses estimates and assumptions are based on management's best information and judgement. Actual results may differ significantly from those estimates. 2. Operations of School Boards and the Regional Municipality of Niagara Further to note 1(a)(iii), the taxation, other revenues, expenses and overlevies of the school boards and the Region are comprised of the following: (in thousands of dollars) (in thousands of dollars) School Boards Region 2021 2020 2021 2020 $$$$ Taxation and user charges 37,741 40,610 93,365 90,392 Payments-in-lieu of taxes 3,307 3,231 4,157 3,871 Amounts received or receivable 41,048 43,841 97,522 94,263 Requisitions 41,048 43,841 97,522 94,263 Overlevies (Underlevies) at the end of year 3. Cash Cash represents cash and short-term investments from both the operating fund and the reserve funds (including those funds set aside in deferred revenue): (in thousands of dollars) 2021 2020 $$ Unrestricted 44,421 42,198 Restricted 20,327 13,365 64,748 55,563 14 Page 18 of 49 Page 855 of 990 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31, 2021 4. Investments Investments have a book value of $ 119,512,888 ($ 120,102,165 - 2020) and a market value of $ 119,300,541 ($ 120,394,570 - 2020). Included in investments are guaranteed investment certificates (GICs) with interest rates between 0.85% and 2.16% and mature between March 2022 and August 2023. The GICs are subject to insignificant risk of change in value. 5. Taxes Receivable and Revenues Property tax billings are prepared by the Municipality based on an assessment roll issued by the Municipal Property Assessment Corporation ("MPAC") and in accordance with the provisions of the Municipal Act, 2001. Tax rates are established annually by Council, incorporating amounts to be raised for local services and amounts the Municipality is required to collect on behalf of the Province of Ontario in respect of education taxes. A normal part of the assessment process is the issue of supplementary assessment rolls which provide updated information with respect to changes in property assessment. Once a supplementary assessment roll is received, the Municipality determines the taxes applicable and renders supplementary tax billings. Assessments and the related property taxes are subject to appeal. Tax adjustments as a result of appeal are recorded when the result of the appeal process is known or based on management's best estimate. The property taxes receivable, tax revenue and accounts payable and accrued liabilities of the Municipality are subject to measurement uncertainty as a significant number of appeals submitted by ratepayers have yet to be heard. The taxes receivable balance, including penalties and interest, are net of an allowance for doubtful accounts of $ 920,000 ($ 920,000 - 2020). Taxation revenue reported on the Consolidated Statement of Operations and Accumulated Surplus is made up of the following: (in thousands of dollars) 2021 2020 $$ Residential and farm taxation 120,945 116,453 Commercial, industrial and business taxation and supplemental taxes 85,194 87,500 Taxation from other governments 14,367 14,044 220,506 217,997 Payments to Region and School Boards 138,570 138,104 Net Property Taxes and Payments-in-Lieu Available for Municipal Purposes 81,936 79,893 15 Page 19 of 49 Page 856 of 990 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31, 2021 6. Long-Term Receivables Included in long-term receivables are amounts totaling $ 662,943 ($ 851,549 - 2020), which are unsecured with, varying terms of repayment and bearing interest at nil (nil - 2020). In addition, an amount totaling $ 9,350 ($ 33,405 - 2020) is unsecured, repayable by December 31, 2022 and bearing interest at 3%. 7. Investment in Niagara Falls Hydro Holding Corporation (in thousands of dollars) 2021 2020 $$ Statement of Financial Position Current assets 50,786 46,400 Capital assets 235,413 212,818 Other assets 37,035 36,888 Regulatory assets 10,326 12,212 Total Assets 333,560 308,318 Current liabilities 37,955 31,674 Other liabilities 69,977 63,879 Long-term debt 95,671 82,107 Non-controlling interest - see below 29,602 28,948 Regulatory liabilities 3,623 6,930 Total Liabilities and Other 236,828 213,538 Net Assets 96,732 94,780 Statement of Comprehensive Income Revenue 192,209 211,362 Operating expenses 189,079 209,853 Net income before regulatory accounting change 3,130 1,509 Regulatory debit accounting change under Canadian generally accepted accounting principles 1,422 1,763 Net income before non-controlling interest 4,552 3,272 Non-controlling interest - see below 1,159 1,036 Net Comprehensive Income 3,393 2,236 The investment in NFHHC is represented by 2,000 common shares of the company. On January 1, 2008, Niagara Falls Hydro Inc. acquired Peninsula West Utilities Limited by way of amalgamation pursuant to a Merger Agreement dated December 19, 2007 and continued on as Niagara Peninsula Energy Inc. ("NPEI"). Niagara Falls Hydro Holding Corporation received 74.5% of the issued and outstanding common shares of NPEI. 16 Page 20 of 49 Page 857 of 990 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31, 2021 7.Investment in Niagara Falls Hydro Holding Corporation - continued On October 14, 2016, NFHHC acquired an additional 1,500 shares of Niagara Regional Broadband Network resulting in an increase in ownership from 56.25% to 75% for $ 6,750,000. On July 12, 2018, NFHHC acquired 750 shares, representing 75% of the total share capital of Spark Enterprises Inc. for $ 7.50. This acquisition has been written off due to the uncertainty of the performance of Spark Enterprises Inc. On July 12, 2018, NFHHC became a member of the not-for-profit organization Spark Innovation Educational Center Inc. 8. Credit Facilities The Municipality has an authorized operating loan due on demand of $ 21,000,000 ("Facility #1") bearing interest at prime less 0.5% to assist with general operating requirements and to finance current expenditures, a credit facility of $ 2,000,000 ("Facility #2") related to commercial cards &/or Scotia VISA business cards whose availment and interest rate are per cardholder agreement, and an authorized revolving term loan due on demand of $ 1,000,000 ("Facility #3") bearing interest at prime less 0.25% to assist in financing the Community Improvement Program. As at December 31, 2021, nil (nil - 2020) has been drawn on Facilities #1 and #3 and $ 199,371 ($ 172,861 - 2020) has been drawn on Facility #2 which has been included in accounts payable and accrued liabilities. All credit facilities are secured by a borrowing by-law/resolution(s) containing a pledge of revenue and a general security agreement. 9. Contingent Liabilities Legal As at December 31, 2021, the Municipality has known legal claims outstanding of approximately $ 3,350,000. It is management's assertion that adequate defences and insurance coverages are in effect for the settlement of these claims, if necessary. Subsequent to year-end, certain other claims that were outstanding as at December 31, 2021 were settled for a total of $ 84,059. No provision for claims unsettled and settled have been included in these consolidated financial statements. The Municipalities maximum insurance coverage per claim is $ 20,000,000. Niagara Convention & Civic Centre Inc. ("Niagara Falls Convention Centre") The Municipality must notify the Government of Canada and the Province of Ontario in writing, if at any time during a period of twenty-five years from the date of completion of the Niagara Falls Convention Centre, that being April 2011, the Municipality proposes to sell, lease, encumber or otherwise dispose directly or indirectly, of any part of the Niagara Falls Convention Centre. The Municipality is contingently liable for a proportionate amount of funds in the amount of $ 70,000,000 contributed equally by the Government of Canada and the Province of Ontario. The contingent liability is reduced 4% per annum up to twenty-five years after the date of completion. 17 Page 21 of 49 Page 858 of 990 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31, 2021 9.Contingent Liabilities - continued Visitor Transportation System ("WEGO") The Municipality must notify the Government of Canada and the Province of Ontario in writing, if at any time during a period of twenty-five years from the date of completion for fixed assets and ten years for non-fixed assets of the WEGO system, the Municipality proposes to sell, lease, encumber or use assets in a manner other than described in the agreement or otherwise dispose directly or indirectly, of any part of the fixed or non-fixed assets purchased, constructed, rehabilitated or improved. The Municipality is contingently liable for a proportionate amount of $ 50,000,000 contributed equally in total by the Government of Canada and the Province of Ontario. For fixed assets, the contingent liability is reduced 4% per annum up to twenty-five years after the date of completion, that being April, 2015. For non-fixed assets, the contingent liability is reduced by 10% per annum up to ten years after the date of completion, that being August, 2012. Capital Grants With respect to Capital Grants received during the year, the Municipality must notify the Government of Canada and the Province of Ontario in writing, if at any time during a period as specified in the agreements, the Municipality proposes to sell, lease, encumber or use assets in a manner other than described in the agreement or otherwise dispose directly or indirectly, of any part of the fixed or non-fixed assets purchased, constructed, rehabilitated or improved. The amounts the Municipality is contingently liable for are based on a proportionate amount of the funding received. The contingent liability is reduced based on the passage of time as specified in the agreements. The amount of such Capital Grants awarded in the current year is $ 9,040,250 ($ 25,416,942 - 2020). Niagara Falls Hydro Holding Corporation The Municipality has guaranteed an overall non-revolving line of credit of Niagara Falls Hydro Holding Company ("NFHHC") in the amount of $ 30,600,000 which bears interest at the bank's prime lending rate, payable interest only, monthly and is due January 31, 2022, subsequently extended to January 31, 2023. As at December 31, 2021, the line of credit outstanding is $ 5,000,000 ($ 5,000,000 - 2020) and is secured by a general security agreement over all the assets of NFHHC. NFHHC has arranged for a standby letter of credit of $ 12,000,000 (2020 - $ 12,000,000) of which $ 11,910,187 (2020 - $ 11,910,187) has been drawn down. The Independent Electricity System Operator is the beneficiary for $ 11,910,187 (2020 - $ 11,910,187). This is to provide a prudential letter of credit supporting the purchase of electrical power. 18 Page 22 of 49 Page 859 of 990 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31, 2021 10. Deferred Revenue - Obligatory Reserve Funds A requirement of PSAB is that obligatory reserve funds be reported as deferred revenue. These reserve funds are considered obligatory as Provincial legislation restricts how these funds may be used and, under certain circumstances, when these funds will be refunded. In the case of development charges, revenue recognition occurs after the funds have been collected and when the Municipality has approved the expenditures and used the funds for the capital project for which development charges were raised. These funds have been set aside, as required by the Development Charges Act, to support the cost of growth related to capital projects associated with new development. The deferred revenues are made up of the following: (in thousands of dollars) Externally restricted Revenue 2020 inflows earned 2021 $ $ $ $ 2% Parkland dedication 1,612 13 (147)1,478 Public purpose 2,773 1,157 (1,205)2,725 Canada Community Building fund 14,500 5,743 (4,904)15,339 Provincial gas tax rebate - transit 2,123 1,618 (602)3,139 Discounted development charges 7,087 1,744 (1,157)7,674 Non-discounted development charges 16,659 6,574 (2,290)20,943 Ontario Community Infrastructure Fund 2,344 3,384 (1,383)4,345 47,098 20,233 (11,688)55,643 11. Deferred Revenue Deferred revenue includes $ 4,572,500 related to a thirty year lease for space agreement between the Municipality and Metrolinx as part of the WEGO bus program. The Municipality must notify Metrolinx in writing, if at any time during a period of thirty years from the date of completion for the WEGO bus storage and maintenance facility, the Municipality proposes to sell, lease, encumber or use assets in a manner other than described in the agreement or otherwise dispose directly or indirectly, of any part of the facility constructed, rehabilitated or improved. The Municipality is liable to repay a proportionate amount of $ 5,900,000 contributed by Metrolinx. The liability is reduced 3.33% per annum up to thirty years after the date of completion, that being April, 2015. Alternatively, Metrolinx has the first right of refusal to purchase the facility at an agreed upon amount. 19 Page 23 of 49 Page 860 of 990 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31, 2021 12. Post-Employment Benefits (in thousands of dollars) 2021 2020 $$ Post-employment benefits 14,106 14,963 Long-term disability 499 412 Accumulated sick leave 3,963 3,700 WSIB - Schedule II future liability 9,453 9,133 Vacation pay 1,092 1,152 29,113 29,360 Post-Employment Benefits The Municipality pays certain medical, dental and life insurance benefits on behalf of its retired employees. The Municipality recognizes these post-retirement costs in the period in which the employees render the services. As a result of actuarial valuations on post-employment benefits, it was determined that an actuarial gain of $ 8,113,437 existed. This amount is being amortized over the expected average remaining service lives of several employee groups. The unamortized value is $ 3,778,955. The actual obligation is $ 10,327,348. As a result of actuarial valuations on long-term disability benefits, it was determined that an actuarial gain of $ 2,094 existed. This amount is being amortized over the expected average remaining service lives of several employee groups. The unamortized value is $ 2,094. The actual obligation is $ 496,916. The liabilities for post-employment benefits as reflected in these consolidated financial statements have been determined on an actuarial basis using a discount rate of 3.50% (3.50% - 2020) and an inflation rate of 1.75% (1.75% - 2020). A special purpose reserve has been established for the post-employment benefit liability. The balance as at December 31, 2021 is $ 509,500 ($ 259,318 - 2020). Accumulated Sick Leave The Municipality previously allowed for the accumulation of sick days for certain groups of employees hired after specified dates up to an allowable maximum provided in their employment agreements. Accumulated credits could have been used in future years to the extent that the duration of the employee's illness or injury exceeded the current year's allocation of credits. The use of accumulated sick days for sick leave compensation ceases on termination of employment. Effective December 31, 2015, the accumulated sick leave plans that previously existed are no longer available to CUPE employees and replaced by a new non-accumulating sick leave plan. The changes to the Municipality's accumulated sick leave plan resulted in a one-time decrease to the Municipality's obligation of $ 1,821,663 and a corresponding curtailment gain was reported in the Consolidated Statements of Operations and Accumulated Surplus as at December 31, 2015. 20 Page 24 of 49 Page 861 of 990 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31, 2021 12. Post-Employment Benefits - continued Accumulated Sick Leave - continued As a result of actuarial valuations on the accumulated sick leave liability, it was determined that an actuarial loss of $ 2,059,109 existed. This amount is being amortized over the expected average remaining service lives of several employee groups. The unamortized value is $ 606,285. The actual obligation is $ 4,569,213. A reserve fund has been established for the accumulated sick leave liability. The balance as at December 31, 2021 is $ 1,477,860 ($ 1,464,938 - 2020) - see note 14. The liabilities for accumulated sick leave as reflected in these consolidated financial statements have been determined on an actuarial basis using a discount rate of 3.50% (3.50% - 2020) and an inflation rate of 1.75% (1.75% - 2020). Workplace Safety and Insurance Board - Schedule II Future Liability The Municipality has elected to be treated as a Schedule II employer and as such, is required to remit payments to the Workplace Safety and Insurance Board ("WSIB") to fund disability payments. The liability as reflected in these consolidated financial statements has been determined on an actuarial basis using a discount rate of 3.50% (3.50% - 2020) and an inflation rate of 1.75% (1.75% - 2020). As a result of an actuarial valuation on the WSIB - Schedule II liability, it was determined that an actuarial loss of $ 5,413,419 existed. This amount is being amortized over the expected average remaining service lives of several employee groups. The unamortized value is $ 917,077. The actual obligation is $ 10,369,944. A reserve fund has been established for this liability. The balance as at December 31, 2021 is $ 1,403,573 ($ 1,389,499 - 2020) - see note 14. The next valuation for all benefit groups is for the year ending December 31, 2022. Vacation Pay As a result of an actuarial valuation on the accumulated vacation pay liability, it was determined that an actuarial gain of $ 795,761 existed. This amount is being amortized over the expected average remaining service lives of several employee groups. The unamortized value is $ 159,633. The actual obligation is $ 932,505. Pension Agreements The Municipality makes contributions to the Ontario Municipal Employees Retirement System ("OMERS"), which is a multi-employer plan, on behalf of its staff. The plan is a defined benefit plan which specifies the amount of the retirement benefit to be received by the employees based on the length of service and rates of pay. The Administration Corporation Board of Directors, representing plan members and employers, is responsible for overseeing the management of the pension plan, including investment of the assets and administration of the benefits. OMERS provides pension services to over 500,000 active and retired members and approximately 1,000 employers. 21 Page 25 of 49 Page 862 of 990 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31, 2021 12. Post-Employment Benefits - continued Pension Agreements - continued Each year an independent actuary determines the funding status of OMERS Primary Pension Plan ("the Plan") by comparing the actuarial value of invested assets to the estimated present value of all pension benefits that members have earned to date. On December 31, 2021, the estimated accrued pension obligation for all members of the Plan was $ 119,342 million ($ 111,820 million - 2020). The Plan had an actuarial value of net assets at that date of $ 116,211 million ($ 108,609 million - 2020) indicating an actuarial deficit of $ 69 million ($ 7,655 million - 2020). The Plan is a multi-employer plan, any pension plan surpluses or deficits are a joint responsibility of Ontario municipal organizations and their employees. As a result, the Municipality does not recognize any share of the OMERS pension surplus or deficit. The amount contributed to OMERS for 2021 was $ 5,450,016 ($ 5,150,831 - 2020) for current services and is included as an expense on the Consolidated Statement of Operations and Accumulated Surplus. On January 1, 2021, the yearly maximum pension earnings increased to $ 61,600 from $ 58,700 in 2020. The contributions are calculated at a rate of 9% (9% - 2020) for amounts up to the yearly maximum pension earnings stated above and at a rate of 14.6% (14.6% - 2020) for amounts above the yearly maximum pension earnings. 13. Net Long-Term Liabilities (a)The balance of net long-term liabilities reported on the Consolidated Statement of Financial Position is made up as follows: (in thousands of dollars) 2021 2020 $$ Total long-term liabilities incurred by the Municipality including those incurred on behalf of other municipalities and municipal enterprises bearing interest at annual rates ranging from 1.75% to 5.35% and outstanding during the year is 70,040 53,037 22 Page 26 of 49 Page 863 of 990 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31, 2021 13.Net Long-Term Liabilities - continued (b)Of the net long-term liabilities reported in (a) of this note, principal payments are due as follows: $ 2022 4,713,276 2023 4,680,447 2024 4,653,571 2025 4,798,272 2026 4,949,494 Thereafter 46,244,594 (c)The net long-term liabilities in (a) issued in the name of the municipality have been approved by by-law. The annual principal and interest payments required to service these liabilities are within the annual debt repayment limit prescribed by the Ministry of Municipal Affairs and Housing. (d)Interest charges of $ 2,073,266 ($ 2,080,233 - 2020) are included on the Consolidated Statement of Operations and Accumulated Surplus, classified under the appropriate functional expense heading. 14.Accumulated Surplus (in thousands of dollars) 2021 2020 $$ Invested in tangible capital assets 851,967 796,516 Capital fund 16,301 24,740 Operating fund 7,934 9,241 Reserves and reserve funds 96,167 85,113 Niagara Falls Hydro Holding Corporation net equity 96,732 94,780 1,069,101 1,010,390 Amount to be recovered - post-employment benefits (29,113)(29,360) Amount to be recovered - net long-term liabilities (70,040)(53,037) (99,153) (82,397) 969,948 927,993 23 Page 27 of 49 Page 864 of 990 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31, 2021 14.Accumulated Surplus - continued (a) Operating fund balance (in thousands of dollars) 2021 2020 $$ For general reduction of taxation 338 314 For general reduction of user charges respecting waterworks 657 683 For general reduction of user charges respecting wastewater 333 338 For general use by the parking fund 40 40 For general use by the Library Board 426 742 For general use by the Business Improvement Areas and Convention Centre 5,854 6,854 For general use by the Airport Commission 286 270 7,934 9,241 (b) Reserves and reserve fund balances (in thousands of dollars) 2021 2020 $$ Reserves set aside by Council for specific purposes: Working funds 265 265 Operating special purposes: General 13,278 12,443 Water 1,648 1,648 Wastewater 5,688 6,320 Capital special purposes: General 15,106 9,393 Water 7,518 5,165 Wastewater 3,111 2,066 Total Reserves 46,614 37,300 24 Page 28 of 49 Page 865 of 990 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31, 2021 14.Accumulated Surplus - continued (b) Reserves and reserve fund balances - continued (in thousands of dollars) 2021 2020 $$ Reserve Funds set aside by council for specific purposes: Branscombe Family Grant 4 4 Capital/Operations - see note 16 7,588 7,508 Coat of Arm's 3 3 Drainage 784 778 Expansion and renewal 288 285 FMC/Visitor Transportation System 3,351 4,026 Future municipal works 768 761 Hospital - note 16 23,252 22,895 Library funds 1,705 1,309 Licence agreements - 40 years 2 2 Lot drainage 202 200 Lundy's Lane business improvement purposes 117 117 Lundy's Lane Museum 5 5 Niagara Tunnel Community Improvement 133 130 Ontario Lottery and Gaming 5,307 3,770 OMCC Grant 385 380 Parking 46 77 Prepaid works projects contributions 252 250 Projects - special needs children 19 19 Recreation trail development 90 89 Sanitary 491 486 Sewer and water impost 1,636 1,622 Sick leave liability - note 12 1,478 1,465 Sidewalk construction 39 39 Sports fund 6 6 Tree planting - developers 81 80 Water patrol boat 15 15 Willoughby museum 102 102 WSIB - Schedule II - note 12 1,404 1,390 Total Reserve Funds 49,553 47,813 Total Reserves and Reserve Funds 96,167 85,113 25 Page 29 of 49 Page 866 of 990 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31, 2021 14.Accumulated Surplus - continued (c) Niagara Falls Hydro Holding Corporation net equity (in thousands of dollars) 2021 2020 $$ Balance, beginning of year 94,780 93,214 Net income 3,393 2,236 Dividends - non-controlling interest (1,441)(670) Balance, end of year 96,732 94,780 15. Trust Funds Trust funds administered by the Municipality amounting to $ 4,814,181 ($ 4,511,950 - 2020) have not been included in the Consolidated Statement of Financial Position nor have their operations been included in the Consolidated Statement of Operations and Accumulated Surplus. 16. Contractual Obligations and Commitments Capital Expenditures The estimated future capital expenditures based on projects in progress at December 31, 2021 is approximately $ 71,789,313 ($ 81,816,111 - 2020) after deducting the expenditures incurred as at December 31, 2021. These projects will be financed by grants, subsidies, obligatory reserve funds, transfer from operations, reserves and reserve funds and net long- term liabilities in future years. International Railway Bridge The Municipality, as a condition of the purchase of the CN/CP Railway Corridor, has the responsibility for the costs of demolition of the International Railway Bridge by December 2026. This condition is subject to being waived if the bridge is subsequently sold to a third party or if demolition procedures have not commenced by CN/CP prior to December 2026. The Municipality has set aside a reserve fund (Capital/Operations - see note 14b) amount of $ 4,000,000 increasing each year by the amount of the Consumer Price Index for this purpose. In addition, the Municipality is committed to reimburse CN/CP the lesser of the actual maintenance costs incurred on the International Railway Bridge or $ 100,000 on an annual basis until December 2026. 26 Page 30 of 49 Page 867 of 990 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31, 2021 16.Contractual Obligations and Commitments - continued South Niagara Site Hospital The South Niagara Site Hospital (the "Project") construction budget estimate is approximately $ 1 billion. The Province is expected to fund the majority of the Project. Six southern tier local area municipalities, namely Niagara Falls, Fort Erie, Pelham, Port Colborne, Wainfleet and Welland, are requested to contribute approximately $ 40 million to $ 50 million toward the total local share contribution of $ 200 million to $ 230 million. At this time, it is uncertain how the total local share contribution will be allocated between the six southern tier municipalities. Subsequent to year end, construction budget discussions related to the Project resulted in an estimated amount of $ 30 to $ 32 million to be contributed by the Municipality (previously $ 22 million). Subsequent to year end, the Municipality committed to a local share contribution of $ 30 million payable by the date of substantial completion of the South Niagara Hospital, estimated to be March 2028. In addition, the Municipality invested the reserve fund balance in accordance with the City's Investment Policy with a forecasted maturity value of $ 30 million total, with approximately $ 14 million maturing during 2027 and $ 16 million maturing during the first quarter of 2028. A reserve fund has been established for this estimated contribution. The balance as at December 31, 2021 is $ 23,252,427 (($ 22,895,141 - 2020) - see note 14b). 17. Subsequent Event Subsequent to year-end, the Niagara Falls Transit system that was being operated by the Municipality, amalgamated with the St. Catharines Transit Commission, Welland Transit and Fort Erie Transit systems to form the Niagara Transit Commission (the “Commission”). Effective January 1, 2023, all assets and liabilities of the Municipality associated with operating Transit Services in Niagara Falls were transferred to the Commission whose responsibility now is to provide public transportation services for the entire Niagara Region. The WEGO service, also known as the Visitor Transportation System (the “VTS”), which also operates within the Municipality, will continue to operate post-amalgamation. The Municipality entered into lease and operations agreements with the Commission to ensure continuity of service for the remainder of the VTS agreement term which ends August 12, 2024. 27 Page 31 of 49 Page 868 of 990 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31, 2021 18.Statement of Cash Flows Changes in cash components include: (in thousands of dollars) 2021 2020 $$ Change in investments 589 (83,276) Change in taxes receivable 7,122 (9,568) Change in accounts receivable (11,220)13,700 Change in user fees receivable 359 247 Change in long-term receivables 242 128 Change in inventories and prepaid expenses (293)(382) Change in accounts payable and accrued liabilities 1,750 694 Change in deferred revenue - obligatory reserve funds 8,545 (158) Change in deferred revenue (1,054)675 Change in other liabilities 1,837 2,816 Change in post-employment benefits (247)(389) 7,630 (75,513) 19. Contributions to Joint Board Further to note 1 (a)(ii) the following contributions were made by the Municipality to: (in thousands of dollars) 2021 2020 $$ Niagara District Airport Commission 289 285 The Municipality's share of the net assets of the Niagara District Airport Commission is approximately 36%. 20. Segmented Reporting The Municipality is a lower tier municipal government that provides a wide range of services to its citizens. Segmented information has been identified based on functional classification as categorized by the Financial Information Return. These classifications are as follows: General Government The mandate of this functional area is to provide political governance, administrative executive management and those expenses and revenues which are corporate in nature and cannot be easily apportioned to other departments. Reported in this functional area are departments such as Council, Clerks, CAO, Finance, Human Resources, Legal, and Information Systems. 28 Page 32 of 49 Page 869 of 990 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31, 2021 20.Segmented Reporting - continued Protection Reported in this functional area are Fire, Policing for the Casino Districts and Building Services. The mandate of Fire Services is to provide emergency services through a range of services to protect the lives and property of the inhabitants of the Municipality. The Municipality has an arrangement with the Regional Municipality of Niagara Police Services Board that requires the Municipality to pay for its share of policing costs related to the casino districts. The mandate of Building Services is to inform and assist customers to ensure safe and orderly development and provide efficient delivery of building approvals, inspections and management systems. Transportation Reported in this functional area are Roads, Parking and Transit Services. The mandate for Roads is to provide quality road and traffic maintenance and operations to the residents and businesses of the Municipality. This area is also responsible for winter control. The Parking system provides public parking opportunities and enforcement regulations throughout the Municipality. The mandate of Transit is to provide a safe, reliable, convenient and efficient public transportation system within the urban area. Environment Reported in this functional area are Sanitary, Storm and Water Systems. The mandate is to provide a safe and reliable water resource system and is responsible for the maintenance and operation of the systems and monitoring and administering environmental programs. Health and Social and Family Services Reported in this area is Cemetery Services and the Older Adult (60 Plus) Recreation Centre (the "Centre"). The mandate of Cemetery Services is to ensure the benefit and protection of each citizen who has purchased or has an interest in internment rights within each cemetery. The mission of the Centre is to enhance the quality of life and well-being of those 60 and over in the Municipality. It strives to contribute to the social, educational and recreational needs by offering programs and services in a safe and comfortable environment. Recreation and Culture Reported in this functional area are Parks, Recreation and Culture. The Parks division is responsible for the maintenance, improvement and beautification of various parks as well as the planning and construction of new parkland and open space. The Recreation and Culture department is responsible for the delivery of various related programs and the provision of facilities as well as the support of groups and organizations throughout the Municipality. 29 Page 33 of 49 Page 870 of 990 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31, 2021 20.Segmented Reporting - continued Planning and Development The Planning department creates the policy framework and implementation tools required to shape the future of the Municipality. The Development division is responsible for ensuring that the Municipality's land development standards are achieved on all development applications. For each reported segment, revenue and expenses represent both amounts that are directly attributable to the segment and amounts that are allocated on a reasonable basis. The accounting policies used in these segments are consistent with those followed in the preparation of the consolidated financial statements. See note 21 for a discussion on the budgeted figures provided. 21.Budget Figures The consolidated operating budget for the year ended 2021 includes the budgets approved by the Municipality, several boards and municipal enterprises and is reflected on the Consolidated Statement of Operations and Accumulated Surplus. These numbers have not been audited but are presented for information purposes only. The budgets established for capital funds, reserves and reserve funds are on a project-oriented basis, the costs of which may be carried out over one or more years. As such, they are not directly comparable with current year actual amounts and have not been reflected. Budget figures have been reclassified to comply with PSAB reporting requirements. The chart below reconciles the approved budget figures reported on the Consolidated Statement of Operations and Accumulated Surplus. (in thousands of dollars) Budget $ Approved Operating Surplus - Add: Library operating surplus (before capital, debt and transfers to reserves)364 Niagara Civic and Convention Centre operating surplus 313 Net transfers to reserves 8,870 Principal repayment of long-term liabilities 3,862 Surplus Reported on the Consolidated Statement of Operations and Accumulated Surplus 13,409 30 Page 34 of 49 Page 871 of 990 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO SCHEDULE OF SEGMENTED REPORTING for the year ended December 31, 2021 (In thousands of dollars) General Government 2021 Budget $ General Government 2021 Actual $ General Government 2020 Actual $ Protection 2021 Budget $ Protection 2021 Actual $ Protection 2020 Actual $ Transportation 2021 Budget $ Transportation 2021 Actual $ Transportation 2020 Actual $ Environment 2021 Budget $ Environment 2021 Actual $ Environment 2020 Actual $ Revenue Taxation 80,294 81,210 78,756 --------- User fees and charges 341 374 294 129 137 181 1,903 1,639 1,572 45,306 41,930 42,532 Government grants 1,088 1,199 3,913 -332 845 3,436 10,284 6,780 -1,998 1,211 Other 12,753 14,507 10,523 1,615 1,887 1,931 4,089 28,400 10,178 337 26,913 6,292 Government business enterprise -3,393 2,236 --------- Gain (loss) on disposal of tangible capital assets -(1,070)(33)-1 --(603)(161)-(304)(167) 94,476 99,613 95,689 1,744 2,357 2,957 9,428 39,720 18,369 45,643 70,537 49,868 Expenditures Salaries and wages 12,233 11,595 11,076 23,151 24,955 22,741 21,927 20,271 18,927 4,901 4,729 4,401 Operating materials and supplies 5,813 11,441 8,270 1,793 630 873 7,923 11,117 7,438 1,502 1,442 1,341 Contracted services 1,590 2,413 2,102 1,001 2,312 2,101 5,759 8,760 5,591 28,175 19,697 27,560 Rents and financial expenses 301 129 101 197 191 340 330 474 635 370 278 243 Interfunctional transfer (5,349)(5,642)(5,619)1,360 1,361 1,436 2,679 2,820 2,725 690 794 649 External transfer 2,426 1,950 1,424 --9 ------ Amortization -3,376 1,099 -1,240 1,071 -12,658 11,729 -9,119 8,427 Debt service 78 81 85 9 15 22 17 19 19 248 248 281 17,092 25,343 18,538 27,511 30,704 28,593 38,635 56,119 47,064 35,886 36,307 42,902 Annual Surplus (Deficit)77,384 74,270 77,151 (25,767)(28,347)(25,636)(29,207)(16,399)(28,695)9,757 34,230 6,966 See accompanying notes 31Page 35 of 49Page 872 of 990 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO SCHEDULE OF SEGMENTED REPORTING for the year ended December 31, 2021 (In thousands of dollars) Health/ Social 2021 Budget $ Health/ Social 2021 Actual $ Health/ Social 2020 Actual $ Recreation/ Culture 2021 Budget $ Recreation/ Culture 2021 Actual $ Recreation/ Culture 2020 Actual $ Planning/ Development 2021 Budget $ Planning/ Development 2021 Actual $ Planning/ Development 2020 Actual $ Total 2021 Budget $ Total 2021 Actual $ Total 2020 Actual $ Revenue Taxation ------726 726 1,137 81,020 81,936 79,893 User fees and charges 524 554 535 3,070 1,875 2,741 492 605 554 51,765 47,114 48,409 Government grants 43 86 59 203 1,608 2,427 1,599 1,557 990 6,369 17,064 16,225 Other 479 849 564 1,456 2,858 2,454 813 1,389 228 21,542 76,803 32,170 Government business enterprise ----------3,393 2,236 Gain (loss) on disposal of tangible capital assets -(31)(50)-(720)---(2)-(2,727)(413) 1,046 1,458 1,108 4,729 5,621 7,622 3,630 4,277 2,907 160,696 223,583 178,520 Expenditures Salaries and wages 1,722 1,548 1,523 9,921 9,082 8,328 2,159 2,243 2,048 76,014 74,423 69,044 Operating materials and supplies 353 238 86 5,954 5,918 5,660 251 245 289 23,589 31,031 23,957 Contracted services 615 625 564 1,324 1,440 1,144 1,209 767 660 39,673 36,014 39,722 Rents and financial expenses 38 50 76 303 284 262 80 123 149 1,619 1,529 1,806 Interfunctional transfer 214 235 252 390 412 537 16 20 20 --- External transfer 50 50 50 ---1,857 2,570 2,087 4,333 4,570 3,570 Amortization -189 174 -5,366 5,649 -40 33 -31,988 28,182 Debt service ---1,707 1,710 1,673 ---2,059 2,073 2,080 2,992 2,935 2,725 19,599 24,212 23,253 5,572 6,008 5,286 147,287 181,628 168,361 Annual Surplus (Deficit)(1,946)(1,477)(1,617)(14,870)(18,591)(15,631)(1,942)(1,731)(2,379)13,409 41,955 10,159 See accompanying notes 32Page 36 of 49Page 873 of 990 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO SCHEDULES OF TANGIBLE CAPITAL ASSETS for the year ended December 31, 2021 (In thousands of dollars) Cost Accumulated Amortization Balance, Balance, Balance, Balance, Net Beginning of End of Beginning of End of Book Year Additions Disposals Year Year Amortization Disposals Year Value $$$$$$$$$ 2021 General Land 25,713 4,490 9 30,194 30,194 Land improvements 38,113 5,717 342 43,488 12,658 1,643 278 14,023 29,465 Buildings 186,537 12,324 2,571 196,290 46,080 6,190 1,192 51,078 145,212 Furniture and equipment 42,739 3,067 935 44,871 26,197 3,688 913 28,972 15,899 Vehicles 71,869 11,468 2,662 80,675 45,745 5,719 2,537 48,927 31,748 Leasehold Improvements 524 120 644 69 29 98 546 365,495 37,186 6,519 396,162 130,749 17,269 4,920 143,098 253,064 Infrastructure Environmental 481,433 32,716 825 513,324 185,022 6,567 298 191,291 322,033 Roads 252,534 22,643 2,096 273,081 124,290 5,789 1,603 128,476 144,605 Water 147,384 14,514 639 161,259 52,462 2,363 530 54,295 106,964 881,351 69,873 3,560 947,664 361,774 14,719 2,431 374,062 573,602 Work in Progress 42,193 20 16,912 25,301 25,301 1,289,039 107,079 26,991 1,369,127 492,523 31,988 7,351 517,160 851,967 See accompanying notes 33Page 37 of 49Page 874 of 990 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO SCHEDULES OF TANGIBLE CAPITAL ASSETS for the year ended December 31, 2021 (In thousands of dollars) Cost Accumulated Amortization Balance, Balance, Balance, Balance, Net Beginning of End of Beginning of End of Book Year Additions Disposals Year Year Amortization Disposals Year Value $$$$$$$$$ 2020 General Land 24,783 963 33 25,713 25,713 Land improvements 34,748 3,577 212 38,113 11,398 1,472 212 12,658 25,455 Buildings 185,864 750 77 186,537 42,130 3,962 12 46,080 140,457 Furniture and equipment 41,128 2,096 485 42,739 22,759 3,919 481 26,197 16,542 Vehicles 67,496 6,204 1,831 71,869 42,510 5,046 1,811 45,745 26,124 Leasehold Improvements 524 524 43 26 69 455 354,543 13,590 2,638 365,495 118,840 14,425 2,516 130,749 234,746 Infrastructure Environmental 476,847 4,793 207 481,433 178,865 6,290 133 185,022 296,411 Roads 247,079 6,105 650 252,534 119,322 5,494 526 124,290 128,244 Water 137,536 10,133 285 147,384 50,681 1,973 192 52,462 94,922 861,462 21,031 1,142 881,351 348,868 13,757 851 361,774 519,577 Work in Progress 23,053 25,250 6,110 42,193 42,193 1,239,058 59,871 9,890 1,289,039 467,708 28,182 3,367 492,523 796,516 See accompanying notes 34Page 38 of 49Page 875 of 990 October 24, 2023 Members of Council Corporation of the City of Niagara Falls, Ontario 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Dear Members of Council: We have been engaged to audit the consolidated financial statements of Corporation of the City of Niagara Falls, Ontario (the "Municipality") for the year ended December 31, 2021. The purpose of this letter is to communicate with you regarding all relationships between the Municipality and ourselves that, in our professional judgement, may reasonably be thought to bear on our independence. The following comments have been prepared to facilitate our discussion with you regarding independence matters. We hereby confirm that we: Have complied with the requirements regarding independence in the Chartered Professional Accountants of Ontario's CPA Code of Professional Conduct; and Have disclosed all relationships and other matters between the firm, network firm and the Municipality that in our opinion may reasonably be thought to bear on independence. We are not aware of any relationships between the Municipality and ourselves that, in our professional judgement, may reasonably be thought to bear on our independence, that have occurred from January 1, 2021 to October 24, 2023: This report is intended solely for the use of the Members of Council, management and others within the Municipality and should not be used for any other purposes. We look forward to discussing with you the matters outlined in this letter as well as other matters that may be of interest to you. Yours very truly, CRAWFORD SMITH & SWALLOW CHARTERED PROFESSIONAL ACCOUNTANTS LLP Page 39 of 49 Page 876 of 990 July 1, 2023 Members of Council Corporation of the City of Niagara Falls, Ontario 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Dear Members of Council: The following is the communication prior to the completion of the audit of Corporation of the City of Niagara Falls, Ontario (the "Municipality") for the year ended December 31, 2021 required under Canadian Auditing Standard 260 of the CPA Canada Handbook. Auditors' Responsibilities under Canadian Auditing Standards and Planning the Audit The December 31, 2021 consolidated financial statements are covered by the auditors' report. The preparation of these consolidated financial statements and the accompanying notes are the responsibility of management. Our responsibility is to express our opinion on these consolidated financial statements based on our audit. An audit is performed to obtain reasonable but not absolute assurance as to whether the consolidated financial statements are free of material misstatement. The audit includes assessing the risk that the consolidated financial statements contain material misstatements, examining, on a test basis, evidence supporting the amounts and disclosures in the consolidated financial statements, assessing the accounting principles used and their application and assessing the significant estimates made by management. It is management's responsibility to ensure that the internal control systems are capable of producing accurate and timely financial information. In making our risk assessments, we consider internal controls relevant to the Municipality's preparation of the consolidated financial statements in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the Municipality's internal control. We will communicate with you in writing concerning any significant deficiencies in internal controls relevant to the audit of the consolidated financial statements that we have identified during the audit. Page 40 of 49 Page 877 of 990 Audit and Non-Audit Services The following are the audit and non-audit services that we are providing to the Municipality and its related entities: We will audit and report on the consolidated statement of financial position of the Municipality as at December 31, 2021, and the consolidated statements of operations and accumulated surplus, cash flows and change in net financial assets for the year then ended. The estimated audit fee for the fiscal year ended December 31, 2021 will be $ 46,800. Additional services in the amount of $ 4,100 will also be charged. In addition, we will perform the following services to the Municipality: We will assist in the preparation of the Financial Information Return and the audited consolidated financial statements of the Municipality. We will audit and report on the statement of financial position of the Niagara Falls Public Library Board as at December 31, 2021 and the statements of operations and accumulated surplus, cash flows, and change in net financial assets for the year then ended. The standard audit fee for the fiscal year ended December 31, 2021 was $ 8,750. We will audit and report on the statement of financial position of the six City of Niagara Falls Business Improvement Areas as at December 31, 2021 and the statements of operations and accumulated surplus, cash flows, and change in net financial assets for the year then ended. The standard audit fees for the fiscal year ended December 31, 2021 in total were $ 17,850. We will audit and report on the statement of financial position of the Niagara Falls Convention and Civic Centre Inc. as at December 31, 2021 and the statements of operations, changes in net assets and cash flows for the year then ended. The standard audit fee for the fiscal year ended December 31, 2021 was $ 17,000. We will consolidate the audited financial statements of Niagara Falls Hydro Holding Corporation as at December 31, 2021 on a modified equity basis. The financial statements of Niagara Falls Hydro Holding Corporation will be audited and reported on by KPMG LLP. We will be placing reliance on these audited financial statements. We will issue a management letter for the Municipality and the Public Library Board, each Business Improvement Area for the year ended December 31, 2021. We will review the material required to be published under Section 83(3) of the Municipal Act. Audit Approach The following is a summary of the audit approach of Corporation of the City of Niagara Falls, Ontario for the year ended December 31, 2021. This list is not meant to be all inclusive, nor in any way to restrict the communication of other matters. Page 41 of 49 Page 878 of 990 General approach to the audit: Our audit approach for the Corporation of the City of Niagara Falls, Ontario is customized and modified as necessary to ensure that all aspects of the engagement are covered effectively. Our engagement can be divided into the following major segments: Segment One - Planning: We prepare a detailed audit planning guide, which among other things includes a review of the prior years working papers, management letters, correspondence, etc. to ensure that all matters documented for follow-up in the previous audit are addressed in the current year. Segment Two - Year-end Substantive Procedures: Year-end substantive procedures are essentially the verification of various consolidated financial statement balances. The time required and the extent of these procedures are based largely on the results of our audit plan and supporting working papers available to the audit team. In most cases certain substantive procedures may be performed satisfactorily in conjunction with the client's preparation of related working papers. We will request written representations from your lawyers as part of the engagement if lawsuits are outstanding. As part of our audit, a letter of representation is requested from management. This will confirm that management is cognizant of their responsibility to disclose issues that may be material to financial statement presentation Areas of the financial statements as having a high risk of material misstatement: Areas of audit have been assigned a risk rating from low to medium. We do not feel that they warrant further discussion at this time. Materiality and audit risk levels on which the audit is based: An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the consolidated financial statements. Therefore, our audit will involve judgement about the number of transactions to be examined and the areas to be tested. Also, we will plan and perform the audit to obtain reasonable assurance whether the consolidated financial statements are free from material misstatement. However, because of the concept of reasonable assurance and because we will not perform an examination of all transactions, there is a risk that material errors, irregularities, or wilful or accidental violations of law and regulations including fraud or misappropriation, may exist and not be detected by us. We will advise you however, of any matters of that nature that come to our attention. For purposes of our audit, we have established a preliminary materiality figure of $ 4,800,000. How matters requested by the Members of Council during the planning process affected the planned nature and scope of the audit, including any extensions of its scope requested by the Members of Council or management: We have not received any requests from the Members of Council to extend the scope of our audit work. Please feel free to bring any additional areas of concern to our attention. Page 42 of 49 Page 879 of 990 Use of specialists: Reliance will be placed on the actuarial reports for Post-Employment Benefits, Accumulated Sick Leave, WSIB Schedule II Future Liability and Vacation Pay Benefits as prepared by Nexus Actuarial Consultants Ltd. These actuarial valuations were updated for the year ended December 31, 2019. The next requirement for updated actuarial valuations is for the year-ending December 31, 2022. Timing of the audit: The timing of our audit engagement is as follows. Audit planning and interim testing will take place over a four week period in July 2023. Final fieldwork will take place over a six week period commencing when staff is ready for us. Scheduled meeting with the Director of Finance to approve the consolidated financial statements and the date of the auditors' report: We will meet with the Director of Finance to discuss the consolidated financial statements and results of our audit, the management letter, and any other issues that need to be addressed. At this point, we will request that the Director approve the audited consolidated financial statements. This will be the date on our auditors' report for which we express our opinion on the audited consolidated financial statements. Engagement Team The engagement team will consist of: Kaitlin Pelletier, Engagement Manager and Owais Tabish, CPA, CA, LPA, Engagement Partner. The engagement manager will be responsible for the day to day provision of professional services and supervision of the review process. The engagement partner holds a Public Accounting License issued by CPA Ontario and is responsible for the engagement and its performance, and for the report that is issued on behalf of the firm. This report is intended solely for the use of management within Corporation of the City of Niagara Falls, Ontario and should not be used for any other purposes. We look forward to discussing with you the matters outlined in this letter as well as other matters that may be of interest to you. Yours very truly, CRAWFORD SMITH & SWALLOW CHARTERED PROFESSIONAL ACCOUNTANTS LLP Page 43 of 49 Page 880 of 990 October 24, 2023 Members of Council Corporation of the City of Niagara Falls, Ontario 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Dear Members of Council: The following is the communication of matters arising from the audit of Corporation of the City of Niagara Falls, Ontario for the year ended December 31, 2021 required under Canadian Auditing Standards 260 and 265 of the CPA Canada Handbook. This list is not meant to be all-inclusive, nor in any way to restrict the communication of other matters. Completion of External Audit The responsibilities of the auditors in relation to the consolidated financial statements is to form and express an opinion on the consolidated financial statements which have been prepared by management with the oversight of those charged with governance. The audit of the consolidated financial statements does not relieve management or those charged with governance of their responsibilities. We have expressed an unqualified opinion as to whether the consolidated financial statements present fairly in accordance with Canadian public sector accounting standards the financial position, results of operations, cash flows and change in net financial assets of the Municipality. The audit was conducted from June 15, 2023 to October 24, 2023. Fraud Auditors' Responsibilities Relating to Fraud in an Audit of Financial Statements, CPA Canada Handbook CAS 240, defines fraud as "an intentional act by one or more individuals among management, employees, those charged with governance, or third parties, involving the use of deception to obtain an unjust or illegal advantage". Although fraud is a broad legal concept, the auditor is concerned with fraudulent acts that cause a material misstatement in the consolidated financial statements. Misstatement of the consolidated financial statements may not be the objective of some frauds, and misappropriation of assets may not necessarily result in a misstatement of the consolidated financial statements. Auditors do not make legal determinations of whether fraud has actually occurred. Fraud involving one or more members of management or those charged with governance is referred to as "management fraud"; fraud involving only employees of the entity is referred to as "employee fraud". In either case, there may be collusionDraft Page 44 of 49 Page 881 of 990 with third parties outside the entity. We confirm that there were no findings of fraud to communicate to the Members of Council. Consideration of Laws and Regulations Consideration of Laws and Regulations in an Audit of Financial Statements, CPA Canada Handbook CAS 250 states that the term "non-compliance" means "acts of omission or commission by the entity, either intentional or unintentional, which are contrary to the prevailing laws or regulations. Such acts include transactions entered into by, or in the name of, the entity, or on its behalf, by those charged with governance, management or employees. Non-compliance does not include personal misconduct (unrelated to the business activities of the entity) by those charged with governance, management or employees of the entity." As explained in CPA Canada CAS 250, auditors conducting an audit in accordance with Canadian generally accepted auditing standards must obtain a general understanding of the legal and regulatory framework applicable to the entity and the industry of sector in which the entity operates and how the entity is complying with that framework. To do this the auditors inquire of management, and where appropriate those charged with governance, as to whether the entity is in compliance with such laws and regulations and inspecting correspondence, if any, with the relevant licensing or regulatory authorities. Although the auditors are required to remain alert to the possibility that other audit procedures applied may bring instances of non-compliance or suspected non-compliance with laws and regulations to the auditor's attention, in the absence of identified or suspected non-compliance the auditors are not required to perform audit procedures regarding the entity's compliance with laws and regulations. We confirm that no evidence which indicates non-compliance with laws and regulations was found. Weaknesses in Internal Control Internal Control in the Context of an Audit, CPA Canada Handbook CAS 265, provides the following guidance concerning the communication of significant weaknesses in internal control: CPA Canada Handbook CAS 265.11 In conducting the audit, the auditors would consider only those "internal controls relevant to the preparation of the financial statements in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of internal control". An audit is not designed to consider whether internal control is adequate for management's purposes. Consequently, the auditors would only identify weaknesses in internal control that come to the auditors' attention during the financial statement audit. The auditors may not identify all the weaknesses that exist. A weakness in internal control is a deficiency in the design or effective operation of internal control. The identification of weaknesses in internal control is influenced by matters such as the auditors' assessment of materiality, the auditors' preliminary assessment of the components of audit risk and the audit approach used by the auditors. For example, if the auditors use a substantive audit approach for a particular financial statement assertion, they will not perform tests of controls in this area. Therefore the auditors' knowledge of controls in this area will generally be limited. Accordingly, the auditors will not have a detailed knowledge of the control systems that enhance the reliability of data and information and therefore may not identify weaknesses in these control systems.DraftPage 45 of 49 Page 882 of 990 A deficiency exists when, a control is designed, implemented or operated in such a way that it is unable to prevent, or detect and correct, misstatements in the consolidated financial statements on a timely basis or a control necessary to prevent, or detect and correct, misstatements in the consolidated financial statements on a timely basis is missing. A significant deficiency exists when a deficiency, or a combination of deficiencies in internal control, is of sufficient importance to merit the attention of those charged with governance in the auditor's professional judgment. The matters being reported are limited to those deficiencies of sufficient merit to be reported to those charged with governance. Please refer to the management letter issued for further details about any deficiencies identified during the audit. Related Party Transactions As explained in Related Parties, CPA Canada Handbook CAS 550, auditors conducting an audit in accordance with generally accepted auditing standards may identify related party transactions which are not in the normal course of operations and which, in the auditors' professional judgement, involve significant judgements by management concerning measurement or disclosure. We confirm that no such transactions requiring the Members of Council to be informed were identified during the audit. We also confirm that the Municipality has adequate controls in place to identify related party transactions. Significant Accounting Principles and Policies The auditors should determine that the Members of Council are informed about: (a)the initial selection of and changes in significant accounting policies, including the adoption of new accounting pronouncements, which encompass the specific principles and their method of application; (b) the effect of significant accounting policies in controversial or emerging areas, or those unique to an industry; (c)the existence of acceptable alternative policies and methods, and the acceptability of the particular policy or method used by management; (d)the extent to which the consolidated financial statements are affected by unusual transactions (including non-recurring amounts recognized during the period) and the extent to which such transactions are separately disclosed in the consolidated financial statements; and (e) the effect of the timing of transactions in relation to the period in which they are recorded. We confirm that there were no changes to significant accounting policies during the year that should be communicated to the Members of Council. Management Judgements and Accounting Estimates The auditors should determine that the Members of Council are informed about: (a)the issues involved, and related judgements made by management, in formulating particularly sensitive accounting estimates and disclosures (for example, disclosures related to going concern, subsequent events and contingency issues); (b)the basis for the auditors' conclusions regarding the reasonableness of the estimates made by management in the context of the consolidated financial statements taken as a whole;DraftPage 46 of 49 Page 883 of 990 (c) the risks of material misstatement from estimates; (d) indicators of possible management bias; (e) the factors affecting asset and liability carrying values, including the entity's basis for determining useful lives assigned to tangible and intangible assets; (f) the timing of transactions that affect the recognition of revenues or avoid recognition of expenses; and (g) disclosure of estimation uncertainty in the consolidated financial statements. We confirm that all management judgements and accounting estimates observed during the course of the audit were reasonable and supported by appropriate documentation. Financial Statement Disclosures The auditors should determine that the Members of Council are informed about: (a)the issues involved, and related judgements made, in formulating particularly sensitive financial statement disclosures; (b)the overall neutrality, consistency, and clarity of the disclosures in the consolidated financial statements; (c)the potential effect on the consolidated financial statements of significant risks, exposures and uncertainties (such as pending litigation); and (d) the selective correction of misstatements. We confirm that there are no other issues as described above to be communicated to the Members of Council. Other Matters Arising From the Audit In accordance with CPA Canada Handbook CAS 600, when the consolidated financial statements of an entity (primary entity) include financial information from financial statements of a component entity (a subsidiary, investee [other than a portfolio investment], or joint venture; or an entity whose financial information from financial statements is included with those of the primary entity), the auditor communicates with the Members of Council those matters relating to the component entities that in the auditors' judgement are of significance in the context of the primary entity as well as: (a)instances where the group engagement team's evaluation of the work of a component auditor gave rise to a concern about the quality of that auditor's work; (b)any limitations on the group audit, for example, where the group engagement team's access to information may have been restricted; and (c)fraud or suspected fraud involving group management, component management, employees who have significant roles in group-wide controls or others where the fraud resulted in a material misstatement of the group financial statements. We confirm that there are no matters of significance related to the financial statements of a component entity that require communication to the Members of Council.DraftPage 47 of 49 Page 884 of 990 In some cases, management may decide to consult with other accountants about auditing and accounting matters. When the auditors are aware that such consultation has occurred, the auditors would communicate with the Members of Council as appropriate. If the auditors find that the consultation has not occurred in accordance with Reports on the Application of Accounting Principles, Auditing Standards or Review Standards, CPA Canada Handbook 7600, this would be communicated with the Members of Council. We confirm that we are not aware of any consultations with other accountants. The auditors communicate with the Members of Council any major issues discussed with management in connection with the initial or recurring appointment of the auditors, including, among other matters, discussions regarding the application of accounting principles and auditing standards, and fees. We confirm that there are no major issues in connection with the recurring appointment of the auditor. The auditors inform the Members of Council of any significant difficulties encountered while performing the audit, including significant delays in management providing information required for the audit, an unnecessarily brief timetable in which to complete the audit, extensive unexpected effort required to obtain sufficient appropriate audit evidence, the unavailability of expected information, restrictions imposed on the auditor by management, and management's unwillingness to make or extend its assessment of the entity's ability to continue as a going concern when requested. Please refer to the management letter issued for further details about any significant difficulties encountered in the performance of the audit. The auditors inform the Members of Council of any significant matters discussed, or subject to correspondence with management, while performing the audit including business conditions affecting the entity and business plans and strategies that may affect the risks of material misstatement and written representations requested. Please refer to the management letter issued for further details about any significant matters that were discussed or communicated with management during the course of the audit. Please see management's representation letter for written representations requested. In accordance with CPA Canada Handbook CAS 450, the auditors shall communicate with the Members of Council uncorrected misstatements and the effect that they, individually or in aggregate, may have on the opinion in the auditors' report. The auditors' communication shall identify material uncorrected misstatements individually. The auditor shall request that uncorrected misstatements be corrected. Please refer to management's letter of representation for the list of uncorrected misstatements not made by management during the course of the audit. We agree with management's assessment that the effects of uncorrected misstatements are immaterial, both individually and in the aggregate, to the consolidated financial statements as a whole. However, in accordance with the requirements of CPA Canada Handbook CAS 450(12), we request that the Members of Council instruct management to have the uncorrected misstatements corrected. The auditors inform the Members of Council of any other significant matters relevant to the financial reporting process including material misstatements of fact or material inconsistencies in information accompanying the audited consolidated financial statements that have been corrected.DraftPage 48 of 49 Page 885 of 990 We confirm that no significant matters relevant to the financial reporting process were identified during the audit. We look forward to discussing with you the matters outlined in this letter as well as other matters that may be of interest to you. Yours very truly, CRAWFORD, SMITH AND SWALLOW CHARTERED PROFESSIONAL ACCOUNTANTS LLP DraftPage 49 of 49 Page 886 of 990 PBD-2023-65 Report Report to:Mayor and Council Date:October 24, 2023 Title: Provincial Streamline Development Approval Funding Final Report Recommendation(s) That Staff be directed to submit the final report along with all the necessary invoices and supporting documents to the Province. Executive Summary The City of Niagara Falls (the "City") is pleased to present this final report to Council and the Province on the successful utilization of the $1 million to streamline the development planning and building permit process. The funding was allocated across three key areas for improvement: process improvements, technology enhancements, and human resources. These three key initiatives were aimed at expediting development approvals, improving efficiency, and enhancing customer service. Throughout the course of 2022 and 2023, the City has: 1. Worked with a planning and process improvement consultant to identify bottlenecks and improvements needed in the planning and building permit process. The consultant recommended a series of recommendations that have been and will continue to be implemented. A summary of the recommendations is included in “Appendix 1 and Appendix 2”. This work was important to ensure we deliver customer centric services with a focus on efficiency. 2.Worked with CityView (Harris Computer Corp.) to implement a new software system to allow the development community: the ability to submit planning and building permit applications electronically; monitor planning and building permit applications and view comments in a central portal; the ability to submit studies online; Page 1 of 17 Page 887 of 990 to accept payments online; to permit digital drawing review; and to support online collaboration between departments. These outcomes align with our commitment to Council and the general public to provide a conducive environment for development and growth within our city while optimizing the use of public resources 3.Worked to reduce the backlog of applications and to ensure sufficient resources were allocated to implement the CityView project. For example, this year to date, the City has received 24 Zoning and/or Official Plan amendment applications and city staff are optimistic that all applications will be before council for a decision within the allocated provincial timeframe of 90 or 120 days respectively. Previously, in 2021 28 Zoning and Official Plan amendment applications were processed and none of them met the current timeline requirements. The Streamline Development Approval Funding provided the City with an opportunity to undertake several necessary initiatives to help streamline development approvals and improve customer service. Background On February 25, 2022, the Ministry of Municipal Affairs and Housing advised the City of Niagara Falls that we were eligible for up to $1 million in funding to implement initiatives in streamlining the development approval process. There were 11 provincial process improvement categories that would qualify for the funding. City staff, through Report PBD-2022-29, selected three key areas for improvement and 6 provincial process improvement categories. The three key areas for improvements were: 1. Process Improvements to determine bottlenecks or issues in the process- (Provincial category #1) 1. Procuring consulting or fee for service resources to do one or more of the following: to identify and implement efficient processes; to prepare changes to zoning by-laws to accommodate new housing development as-of-right; to Implement a Community Planning permit system with a housing component; to review Council’s decision making process related to development approvals; to develop Community Improvement Plans that include housing incentives; and, to undertake studies to support new housing types. 2. Technology Improvements to improve efficiency and customer service (Provincial Categories # 2, #3, #6 and #7) Page 2 of 17 Page 888 of 990 Implement e-permitting systems or online “Manage My application” systems. Implement systems that enable the use of online application forms and study submissions. Purchase data/application management workflow software, digital drawing software or 3D tools. Purchasing software or hardware to improve efficiency in handling payments related to development approvals. 3) Human Resources to improve timeliness of applications (Provincial Category #9) Hiring temporary staff to deal with backlogs related to development approvals. On March 4, 2022, the Minister of Municipal Affairs and Housing advised the City of Niagara Falls that the transfer payment agreement was signed to provide the municipality with up to 1 million dollars in funding to implement initiatives to assist in streamlining the development approval process. As part of this agreement the City was required to complete the qualifying work by March 31, 2023. The City along with a number of other municipalities in Niagara and beyond were granted another extension to November 1, 2023. The City is now required to prepare a final report back to the Province on: 1) How we completed the streamline project. 2) How the initial $500,000 was spent and the additional costs incurred; and 3) A description of the anticipated cost savings or outcomes related to the work. Analysis The City of Niagara Falls embarked upon three key areas to focus improvements and streamline approvals. These areas were process improvements, technological improvement and human resources. Below each improvement area has been assessed to identify how the work was completed, the cost of the work, and the outcomes or cost savings of the work. 1) Process Improvements to determine bottlenecks or issues in the process (Provincial category #1) To complete this initiative the City hired consultants with expertise in process improvement and planning to review the Committee of Adjustment (COA), the Site Plan and the Subdivision development approval process in the City of Niagara Falls. This work included a benchmarking exercise against seven comparator municipalities, a facilitated step by step process analysis to determine issues and bottlenecks, and one on one interviews. The consultant contacted our development customers to ask Page 3 of 17 Page 889 of 990 questions on our efficiency, communication and to gather their thoughts on what improvements were needed to make our processes more efficient and effective. In addition, the consultant conducted a series one on one internal staff meetings to discuss the process. The objective of this work was to evaluate the current process to ensure it was efficient and effective and focused on the needs of the customer. There were two phases, the first phase focused solely on the COA and Site Plan process and the second phase focused on the end to end (from pre-consultation to building permit issuance) review of the subdivision approval process. In Phase 1, there were general recommendations as well as specific recommendation on the Site Plan and COA approval process. For example, it was recommended that the City prepare an online FAQ guide for COA, website improvements to clearly communicate processing timelines and explanatory videos for the COA. The videos, FAQ's and details on the process and processing timelines are now available on the City website: https://niagarafalls.ca/city-hall/planning/minor-variance.aspx The full list of Phase 1 recommendations are included in “Appendix 1”. In Phase 2, there were 7 themed recommendation categories. 1. People and Organization 2. General Customer Service and communications 3. Policies and Procedures 4. Technology 5. Performance Measurement 6. Financials 7. Processes Some of the key recommendations were to clearly define roles and responsibilities for staff, establish a project manager for each file, improved communication with developer on status of the application, customer satisfaction surveys, a creation of a developers guide etc. Staff are currently working on a number of the initiatives of the Phase 2 process. A summary of the Phase 2 recommendations are listed in “Appendix 2”. As part of this work, we are now keeping our customers up to date on changes and improvements to our system through our newsletter updates. A copy of the first newsletter can be found: https://us1.campaign-archive.com/?u=1d661df4b8485a598ec699f74&id=8f41989e81 The cost of the consultant’s work amounted to $50,829.22 (exclusive of HST rebate) and was paid by the up front funding of $500,000 the City received from the Province. In addition, the City has incurred additional costs to fulfill some of the recommendations, Page 4 of 17 Page 890 of 990 such as the COA videos which were incurred at an additional cost of $4,579.21 (exclusive of HST rebate) 2) Technology Improvements to improve efficiency and customer service (Provincial Categories # 2, #3, #6 and #7) The City purchased and implemented software from CityView to allow for electronic submission and monitoring of planning and building permit applications, to allow for study submissions online, to accept payments online, to permit digital drawing review and to allow for processing and commenting in a central portal. At the time of writing this report the City has established the online dashboard system which allows the user to submit applications, make payments, accept study submissions and to mark up drawings online. The final stage of our work will involve the central portal so that applicants can monitor their application and see agency comments in real time online. As of writing this report, the City is in the final testing/training stage of the central portal and has a scheduled GO live date in mid November. The second phase Go Live date was delayed by two weeks after detailed testing revealed some necessary improvements. The City’s new CityView software is expected to yield a range of significant cost savings and other positive outcomes across various departments and functions. The anticipated outcomes of the project include: 1. Faster Processing of Building Permits and Development Applications with online submissions CityView’s workflow automation will expediate the permit and planning approval process by: Automatically assigning and scheduling inspections It puts an end to City’s time consuming manual processes. Ensures the City meets deadlines and adheres to legislative timelines with its rule enforced workflow Allows Managers and staff to see the current status of all planning projects as well as the actual time spent on reviews, rather than just start and finish dates. 2. Reduction of Administration Costs, data gathering and paper pushing Over time, as the use of online submissions will become more widely used by the general public, the software will reduce the City’s physical administration requirements. This will free up administrative staff time. 3. Operational efficiencies Page 5 of 17 Page 891 of 990 CityView will allow the development community to manage and track your permits and planning applications including CIP’s in a central location. Everything the applicant will need to know about their permit will be instantly available and also accessible by other key departments such as Fire and Municipal Works. This program will assist the City in minimizing the information silos that happen in larger corporations. CityView automatically controls the number of agenda items that can be considered at each pre-consultation meeting and it will automatically generate neighbourhood notifications, saving the City staff time. CityView allows the City to digitally review drawings through the Bluebeam platform. This platform also allows for online collaboration between departments such as Fire and Building. 4. Data Driven Decision Making CityView will also allow staff and management to run reports on timelines, fees, and other key metrics to determine efficiencies or bottlenecks. Removing the current manual reporting process through excel will save the City valuable time. 5. Improved Customer Service This new software makes it easy for customers to receive the information they need, through the self-serve online CityView portal. 6. Environmental Benefits CityView online portal, along with the Bluebeam drawing review program will reduce the excessive amounts of paper being generated through the process. The City incurred $836,005.53 (exclusive of HST rebate) for the implementation of the CityView Software. This represents a strategic investment in our City's future. By leveraging the capabilities of this innovative software, we anticipate not only a significant time savings but also improved operational efficiencies and better customer service. 3) Human Resources to improve timeliness of applications and implement technology (Provincial Category #9) In July 2022, as part of the streamlining initiative, the City hired a Junior Zoning Administrator and a Planner 1. In addition, the City hired a student which was partially funded through the Provincial streamline funding and partially through MITAC. The Junior Zoning administrator was hired to address the planning and building permit zoning review backlog. Previously the City only had one person reviewing zoning on all Page 6 of 17 Page 892 of 990 planning and building permit applications, above an R3 Zone. This led to a significant delay in processing applications. With the introduction of a second position, development applications timelines are improving and customers are receiving quicker responses on zoning inquiries. In addition, staff were able to create a one stop zoning compliance certificate process as recommended by our consultants to assist in streamlining the approval process. Lastly, with two zoning experts assisting the Planners, the City has been able to prepare a draft document to merge the City’s three zoning by-laws into one consolidated document. The Planner 1 was hired to address backlog issues as well as backfilling a planner who was seconded to work on the planning portion of the CityView software project. In addition, a student was hired to work on various process improvement initiatives such as delegated authority, website improvements etc. The cost of the student over the period was $5,088.01 The City has received 24 Zoning and/or Official Plan amendment applications this year and while it has been very difficult, City staff are optimistic that all applications will be before Council for a decision within the allocated provincial timeframe of 90 or 120 days respectively. Previously in 2021, 28 Zoning and Official Plan amendment applications were processed and none of them met the current timeline requirements. The total cost for the human resource projects which included the Planner 1 and the Junior Zoning Administrator position and student cost $190,033.99 Operational Implications and Risk Analysis The Streamline Development Approval fund project was a significant drain on human resources during the active phases of the work and as such not all of the recommendations contained in the process improvement work have been implemented. These recommendations, some longer term recommendations, will continue to be implemented over the course of the next couple years and may be subject to additional budget requests and/or additional office spaces in the Wayne Thomson building. For example, additional explanatory videos were recommended for building permits and this work will need to be budgeted for in 2024. Financial Implications/Budget Impact The Provincial Streamline Development Approval fund allocated up to $1 million dollars to the City to complete projects that meet their key initiatives. The City focused on process improvement, technology and human resources. The total expenditures incurred by the City for the project as of the date of this report amounts $1,081,447.95 and is shown in detail in “Appendix 3”. Page 7 of 17 Page 893 of 990 The City has exceeded the $1 million in funding that was allotted for the implementation of the recommended enhancements. As a result the City was able to fully utilize the Streamline Development Approval funding to invest in process improvements, technology enhancements and human resources. Some of the additional costs incurred beyond the grant allocation include: additional implementation-related costs for CityView and additional human resource costs. The total costs to date for this project has been provided in "Appendix 3". Strategic/Departmental Alignment The provincial funding allowed the City to review the current processes and purchase the CityView software. Both of these initiatives have led to significant departmental alignments and the removal of bottlenecks in process. This work aligned with Council's strategic initiatives from 2019-2022. Specifically, 1) A Vibrant and Diverse Economy- Support economic growth and development through streamlined business practices to meet both local and city wide priorities: Explore creating a city wide Development Permitting System to create efficiencies for private sector investment Use a Customer Relationship Management program to track business trends and expedite responses to businesses challenges Streamline development services for expedited permits to enhance the private sector business investment experience Implement technology to create operational efficiencies, and accessible data that are customer and community centric 2) Engaging and Accountable Government- Deliver great customer service experiences to our residents, businesses, and visitors: Improve access through web, phone, and in person Expand payment options for the public Include additions to City Dashboard Streamline approval processes Enhance the use of performance metrics to assess results and program effectiveness. List of Attachments Appendix 1 -Stage 1 process improvement Appendix 2 Stage 2 Process Improvement Appendix 3 - PBD 2023-65 with travel Written by: Page 8 of 17 Page 894 of 990 Kira Dolch, General Manager, Planning, Building & Development Submitted by:Status: Kira Dolch, General Manager, Planning, Building & Development Approved - 20 Oct 2023 Jason Burgess, CAO Approved - 20 Oct 2023 Page 9 of 17 Page 895 of 990 Appendix "1" to Report PBD-2023-065 STAGE 1 PROCESS IMPROVEMENT PRIORITY STATUS #1 - General Recommendations City lead Comprehensive User Fees Study including phasing of fees, special meetings for Committee of Adjustment etc.Medium Underway New position-Urban Designer/Landscape Architect Position to act as site plan facilitator and comment on urban design and landscaping High Completed Establish a Neighbourhood/ Secondary Planning Program for new and existing neighbourhoods Medium Completed Establish a Internal Planning Advisory Committee- Development Review Team Senior Level Team High Underway Convene a Technical Coordinating Committee for all planning appliciations to address conflicts and issues High Add to the weekly Managers Meeting a Section to discuss projects currently under review Low Completed Review of Site Plan and Vacant Land Condominium – Exemption process Low Underway Customer Service Expectations linked to performance metric High Underway Development Charges to be calculated by Finance Department Low Underway On-line guides for the public on planning matters, FAQ’s COA is the first priority Low/Medium Completed Parking Study and update zoning by-law Low Underway #2 Site Plan Process Recommendations Fees related to site plan phasing High Underway with Fee Study Site Planning and Public involvement under Section 41 of the Planning Act-Legal Opinion High Completed Lot lighting policies to address issues with light senstive lands uses in housekeeping Zoning By-law Low Underway Change in process site plan applications to be given to Manager first for assignment Medium Completed Official plan amendment changes -what is a complete application High Completed Change in process-Fees cashed after Planner deems application complete High Completed Communal Directory where all site plan comments are housed and can be viewed by all departments High Underway with Cityview All comments on site plan are to be sent in one collective comment letter High Complete Commenting time frame for site plan be changed from 3 weeks to 2 weeks High Complete By-law enforcement complaints on all site plan agreements to be dealt with by By-law staff High CompletePage 10 of 17Page 896 of 990 Due dates for staff comments included in calendars of key dept contacts and included in department meeting agendas High Underway with Cityview Site Plan fee cover 1st and 2nd submission only High Underway Process Change -Second submission applicant to submit document to detail how they addressed each comment -staff to create an excel/doc format document that goes out with first submission to be filled out by applicant. Medium Complete Process Change report must be signed off by agency before submitted for complete application Low Not supported by development community Site plan process parking lot items Low Underway #3 Committee of Adjustment Process Recommendations Confirmation by Manager that no additional agency requirements are added after preconsultation High Completed Timeline processing for all applications including Bill 109- Create a form for website Medium Completed Delegation of uncontested consents to Director Report High Underway COA Secretary Treasurer create a policy for calling of special meetings including fee High Completed COA Secretary Treasurer post dates of COA meetings on an annual basis with submission dates High COA application requirements on City’s website and application High Explanatory You tube videos with Dales group Low Completed Online software City View High Underway Number of staff circulated on application be streamlined Medium Completed Conditional site plan approval included for Bill 109- follow up with Halton Hills, Milton and waterloo High Completed Parking lot site plan issues: Parkland dedication appraisals, servicing external to the site through site plan or development agreement, condominium exemption, site plan by-law and guidelines, flow chart for site plan applications-phasing and amendments when are amendments required, when is a masterplan needed advise council public comment is limited, inspections of site plan works, enforcement of by-laws on sites under construction. High Underway Page 11 of 17Page 897 of 990 Appendix 2 to PBD-2023-065 STAGE 2 -PROCESS IMPROVEMENT Priority- ST, MT and LT short, medium and long term Status 4. PEOPLE and ORGANIZATION 4.1 Consider a Staged Approach to enhance accountability and collaboration across divisions providing service. Improve collaboration across divisions and enhance accountability, a staged approach is recommended LT Combined counters with Building, Engineering, Planning all represented to improve customer service and streamline operations Planning and Building to be combined Nov/Dec Implement performance standards and monitoring systems Underway Continue use of Development Review Committee and strengthen its role Underway The planner assigned to application assumes role of Project manager Training Underway Establish MOU with all internal depts. and outside agencies participating in subdivision approval process Underway Pending results of the above recommendations, that the City consider combining all development related functions into one Department 4.2 Establish Interdepartmental Management Committee City establish an Interdepartmental Management Committee (IMC) composed of managers overseeing the development review process including Economic Development, purpose to:MT Underway Address any policy issues which may be delaying an application and make recommendations for new policies/practices Underway- Building and Fire Lean process 1st meeting Establish Time Standards for each step in review process and the performance of each department or outside agency and monitor application processing against established customer service/performance standards Completed Reduce bottlenecks to support economic development Underway Enhance accountability by centralizing oversight of process related issues Underway Focus on bigger picture and address issues of complex development issues which may arise with respect to specific applications, application delays and timelines and interdepartmental co-ordination Define the roles and responsibilities of each dept. and outside agency in the development review process Resolve coordination and interdepartmental conflict issues Underway 4.3 Formally Appoint a Project Manager for each Planning Application Planner formally appointed as the Project Manager for each Subdivision Application. This will include responsibility for the coordination of an application from pre-consultation stage through to draft plan registration. The Planner assigned as Project Manager would be the single point of contact with owner or agent and act as a champion for the project mindful of the best interests of the City Niagara Falls. this role will crate a balance between the necessary function of acting in the best interests of the City while providing customer service to clients, ensuring their project is process in the most expeditious manner possible. Some duties would include: MT Partialy completed/training still underway Ensuring full communication amongst all participants in the project Tracking/time monitor status of project - ensuring the approval process follows all Planning Act timelines Anticipating demands on other depts. Conveying project priorities to all internal staff Routinely communicate with the developer on the status of their application, including what may be causing delays, integrating recommendations and resolving issues that may arise amongst internal departments, external agencies and stakeholders that the public meeting and assisting the applicant in understanding any resubmission requirements Reviewing comments from dept/agencies to ensure they are "reasonable, understandable and do not conflict w each other" and address any conflicting statements. The comments would be consolidated and direction on how applicant should respond will be provided to the applicant from the project managerPage 12 of 17Page 898 of 990 That the Planner maintain the Project Manager role up to and including coordination of the Subdivision Agreement preparation, approval by Department's, execution of the agreement, clearing of conditions and final registration of the agreement. Following this there should be an official transfer of the Project Manager Role form Planning to Municipal Works. The reason for this shift is the significant involvement of Engineering during the construction phase up to the project assumption by the City. There is no value added by the continued involvement of the Planner at this stage. MT 4.4 Hold a Team Building Exercise for all staff that Participate in the subdivision application process That staff from all areas in Subdivision Application Process participate in a team building exercise to continue the development of common framework for processing development applications.MT 5. GENERAL CUSTOMER SERVICE AND COMMUNICATIONS 5.1 General Customer Service and Quality Assurance City provide customer service training for each staff member involved in processing applications MT City develop a process to distinguish between residents looking for advice on decks/fences/small renovations and builders in the industry:MT Create 2 streams of customer service representatives - one for Building industry and residents seeking alteration permits Setting up appointments to avoid delays and long wait times for service due to large developments Offer a non-peak time when residents can come to have plans reviewed after hours Special days for over the counter plan review - e.g. Tuesday is deck day and concierge service - decks, sheds, detached garages and permit within 3 days That the City implement regular satisfaction surveys in all areas of the processes to enhance the City's ability to measure, monitor and improve customer service. The following aspects should be measured:MT Underway Timelines Customer Service Clarity and Transparency Cost 5.2 Website That the City update its Planning, Development, Building, Engineering website in accordance with leading practices and to include:ST Underway Applications and guidelines Process description and rationale Process flowcharts and step by step guide understanding what is required of applicants and what department/area is responsible for completion Completed Service standards Contact information One location of all forms and user friendly links Access to reports, meeting agendas, eta. Of all types of development and building services - supplements with illustrations, examples of technical drawings, videos explaining services, etc. 5.3 Development Manual Guide The City establish a comprehensive guide to assist developers in the subdivision process - from end to end. This guide should be posted online and easily accessible to all stakeholders ST-MT Underway 5.4 Front Counter Service The City consider establishing a front counter team composed of technical and administrative staff from the three (3) functional areas involved in the development process (Municipal Works, Planning, Building) - this would provide a coordinated approach to customer guidance/quality control. The new team would also be able to expedite the review process for smaller development applications by providing expedited approvals LT Underway with Planning and Building 6. POLICIES AND PROCEDURESPage 13 of 17Page 899 of 990 That the City develop standard operating policies and procedures to improve the consistency predictability and transparency of the subdivision review process and issuance of permits. Documentation of policies procedures would assist in training of new staff.ST-MT 7. TECHNOLOGY Ensure that the implementation team for CityView is adequately resourced and that the City use this process to identify opportunities to streamline business processes. That given the effort required to implement CityView software, the City should ensure the implementation team is adequately resources and that the City use this process to identify opportunities to review and streamline existing business processes MT Underway That the rollout of CityView include training for all users to ensure appropriate skill sets are developed to fully utilize the system - staff should be trained on the software's functionality features MT Training Planned end of October/early November 8. PERFORMANCE MEASUREMENT Develop a comprehensive set of key performance indicators for each area involved in the subdivision process That a comprehensive set of key performance indicators be developed to improve the management and evaluation of the subdivision review process and issuance and inspection of Building permits MT Underway 9. FINANCIALS 9.1 Development Charges (DC's) - transfer responsibility for interpreting DC fees to the Finance Department That the responsibility of interpreting DC's be transferred to the Finance Department from the Building division MT-LT Underway with the new DC by-law 9.2 User Fees - Undertake a comprehensive revie and Planning and Engineering Fees That the City undertake a comprehensive user fee study for Planning and Engineering Fees to better reflect actual cost of processing applications. A comprehensive user fee study currently being done for Building Fees.MT Planning underway to be completed before the end of the year. Building completed. 10. PLANNING SUBDIVISON APPLICATION PROCESS 10.1 Pre-consultation Pre-consultation form be reviewed and updated to ensure it provides the necessary information from each commenting agency to provide a comprehensive assessment for the applicant ST That the City establish protocol to ensure commenting agencies are represented at preconsultation meetings ST That applicants are provided with guidelines and/or formal terms of reference available for each study, report or drawing required with the formal application and individual contact information for further clarification ST Completed That the Planning department provide agendas and project background info to internal depts/agencies "at least 2 weeks" before mtng - help to ensure that each designated member of the dvlpt review committee has time to conduct a full review of the proposal in advance of the meeting ST Completed 10.2 Complete Application and Circulation City review submission requirements, guidelines, standard forms and checklists to ensure clarity and comprehensive for applicants ST-MT The terms for what constitutes a complete subdivision application be clearly outlined to assist proponents in preparing a complete application ST-MT Applicants for subdivisions be required to submit a letter from a Registered Planner stating that the application is completed to the best of their knowledge ST-MT City implement a training session to instruct staff and outside agencies regarding the appropriateness and standard wording for comments and/or condition preparation ST-MT As part of the implementation of CityView - the City develop a Portal whereby staff submit comments/conditions electronically - access to the portal would allow all depts access to all submitted information submitted to help ensure there are no conflicts. This would also allow the developer to see comments and o understand where the application is in the process. In the interim, the planner assigned to the application should regularly communicate to the applicant the status of the application. ST-MT Underway City establish circulation guidelines stating criteria to trigger circulation of an application to each internal and external commenting agency - guidelines should state issues that should be addressed by each commenting partner ST-MT 10.3 Subdivision AgreementPage 14 of 17Page 900 of 990 The Project Planner take the lead in drafting the Subdivision Agreement - and also continue to ensure that the clearing of conditions and final registration of the agreement - following the registration of the agreement there would be a transfer of project manager role from Planning to Municipal Works during the construction phase and up to the point of project assumption MT The City review the Subdivision Agreement template with a goal of simplifying and expediting development approvals ST-MT 11. ENGINEERING SUBMISSIONS AND PROCESSES 11.1 Engineering Design Standards City establish a formal preconsultation process for engineering submissions consistent with the planning application process - the outcome would be a formal pre-consultation document to assist the applicant in their Engineering Design submission package MT-LT City establish a three-circulation limit for Engineering Design submission and charge an additional fee for the fourth and subsequent submission where the reason of the additional submissions lies with the applicant MT-LT Once engineering standards are updated, Engineering Design Standards Manual be prepared and posted online LT 11.2 Pre-Servicing Agreement City establish a formal council approved pre-servicing policy that includes:MT-LT Requirements to qualify for a pre-servicing agreement Procedures to conclude a pre-servicing agreement Be revised once the Design Guidelines has been completed City require that developers enter into a pre-servicing agreement with the City to:MT-LT Ensure sufficient financial securities are provided Establish insurance requirements and any other terms and conditions deemed necessary to protect the interests of the City 11.3 Subdivision Security Policy To increase transparency, it is recommended the City prepare a Subdivision Agreement security policy - and contain the following elements:MT-LT Details on how security requirement are calculated How estimated cost of works are to be provided How inflation adjustments are calculated to determine the value of work remaining Policy for maintenance holdbacks Procedure and policy for the release of securities Acceptable forms of security Process the City used to have Works completed in the event the developer has not completed the work to the City standards Policy for clearing long-held securities 12. BUILDING PERMITS 12.3 Zoning Verification The applicant must submit a zoning clearance certificate which indicates zoning is approved before applying for a building permit application MT-LT Completed That the responsibility for the issuance of zoning clearance certificates be undertaken by the Planning Division ST-MT Completed 12.4 Lot Grading That Municipal Works be responsible for final lot grading inspections and that a new user fee be established for this service MT That the amount of the deposit fee for final lot grading be reviewed to help ensure that it is an effective deterrent for Builders to provide an "as built" lot grading plan within seven months of issuance of the occupancy permit MT That the City follow up on outstanding lot grading deposits over 7 months old MT That the City create an education /communication strategy targeted at the residents (especially residents in new subdivisions) of the impact of structural changes (landscaping, fences, pools, etc.) to a property on grading MT Page 15 of 17Page 901 of 990 12.5 Fire Inspections That a memorandum of agreement be established with the Fire Department. The memorandum should have commitment from the Fire Department stating that they will meet the established time frames for the review of the various types of building permit applications. A summary report should be prepared on a quarterly basis and submitted to the interdepartmental management committee showing the actual performance against the service commitment and explanations where the target has not been met. MT Underway That building permit fees include the costs incurred by the Fire Department to ensure full cost recovery. These revenues should be allocated back to the Fire Department to offset cost of building permit plans examination and inspections so there is no impact on the tax levy - this will help ensure that there is sufficient funding to hire additional fire staff if required for building plans examinations and inspections MT Completed with the Building permit fee review 12.6 Inspections and Re-Inspections That the City develop a policy and procedure guiding staff on when to charge a re-inspection fee after the third and subsequent re- inspection. The re-inspection fee could be applied to the performance deposit fee MT That the City review the fee for re-inspections to ensure full cost recovery MT 12.7 Open Permits - Performance Security Deposit That the City consider securing a designated contract staff resource to focus on closing post-occupancy open permits ST That the City increase the performance deposit to provide an additional incentive to developers to obtain final inspections and close the permit MT That the City develop an electronic method for advising building owners of open permits and (revoking/closing if necessary) rather than further burdening inspectors with the responsibility of pursuing contractors and owners MT Page 16 of 17Page 902 of 990 Total Invoice Without HST Non Deductible HST Total Cost Incurred Cityview 821,544.70$ 14,460.83$ 836,005.53$ Process Improvements 49,950.00 879.22 50,829.22 Video Cost 4,500.00 79.21 4,579.21 Subtotal - Excluding Human Resource Costs 875,994.70$ 15,419.26$ 891,413.96$ Human Resource Costs 190,033.99 Total Expenditures 875,994.70$ 15,419.26$ 1,081,447.95$ Appendix 3 to PBD-2023-65 Page 17 of 17Page 903 of 990 October 13,2023 16 Days of Activism Against Gender-Based Violence Dear Regional Chair,Niagara Mayors and Municipal Councillors, I am writing on behalf of the Canadian Federation of University Women,Welland and District and local organizations who are working to end gender-based violence.We are requesting your continued participation in the 16 Days of Activism against Gender-Based Violence campaign. This year,we are working to coordinate our efforts and are asking each municipality to consider proclaiming November 25th as the International Day for the Elimination of Gender-Based Violence and raising a Wrapped in Courage flag to raise awareness and promote gender equality. The 16 Days of Activism Against Gender-Based Violence begins on November 25,the International Day for the Elimination of Gender-Based Violence and ends on December 10, International Human Rights Day. I have attached a sample proclamation for your consideration and can arrange to deliver a flag to you,if you do not already have one.This year,the first day of the campaign is Saturday, November 25. The 16 Days is an opportunity for the mayor and council to issue a reaffirming statement of the city’s commitment to raise awareness of gender-based violence,to promote the need for resources to help prevent it and to help victims in the Niagara Region access support. We wish to thank you for your consideration of this request and for all you have done in the past to raise awareness of domestic violence and to support our organizations.If you require additional information please let me know.If you plan to issue a proclamation or use other means of supporting this campaign please let us know as we would be happy to participate and assist in any way possible. Sincerely, Gwenn Alves 905-708-5718 Advocacy Committee,CFUW Welland and District On behalf of Birchway Niagara (formerly Women’s Place of South Niagara),Niagara Region Sexual Assault Clinic Page 904 of 990 Page 905 of 990 16 Days of Activism beginning November 25 International Day for the Elimination of Gender-Based Violence Against Women until December 10 Human Rights Day Whereas violence continues to be the greatest gender inequality rights issue for women, girls, and gender-diverse people and Whereas November is Women Abuse Prevention Month in Ontario and Whereas Our community is committed to ending all forms of gender-based violence Now therefore, we proclaim and declare The 16 Days of Activism Against Gender- Based Violence to begin November 25 and continue until December 10 And urge all citizens to recognize these days to increase awareness and to take action to support survivors of gender-based violence. Page 906 of 990 A Great City … For Generations To Come PLANNING, BUILDING & DEVELOPMENT Inter-Departmental Memo To: Mayor James M. Diodati & Members of Council From: Planning, Building and Development Date: October 24, 2023 Re: PLC-2023-006, Request for Removal of Part Lot Control Block 107, Registered Plan 59M-484, Forestview Estates 7101-7129 Parsa Street Kenmore Homes (Niagara Falls) Inc. has requested for Council to pass a by-law to exempt Part Lot Control from the westerly portion of Block 107 on Registered Plan 59M- 484 to transfer the ownership of on-street townhouse dwelling units that are under construction. The westerly portion of Block 107 is proposed to be divided into four parcels for four on- street townhouse dwelling units. The four parcels will be comprised of the following Parts, as depicted on the draft Reference Plan: • Parcel 1 – comprised of Parts 1 and 5; • Parcel 2 – comprised of Parts 2 and 6; • Parcel 3 – comprised of Parts 3 and 7; and • Parcel 4 – comprised of Parts 4 and 8 Parts 5 to 8 (inclusive) are proposed for stormwater easement purposes. The request can be supported based on the following: • The zoning permits on-street townhouse dwellings at the proposed parcel sizes; and, • The by-law will permit a deed to be created for each parcel containing a dwelling unit and permit each property to be sold separately. DF Attach. S:\PART LOT CONTROL\2023\PLC-2023-006 - Parsa St, Block 107E 59M-484\Memo to Councill – PLC-2023-006 Page 907 of 990 Page 908 of 990 CITY OF NIAGARA FALLS By-law No. 2023 - 096 A by-law to designate Part of Block 107, Registered Plan 59M-484, not to be subject to part-lot control (PLC-2023-006). WHEREAS subsection 50(7) of the Planning Act, R.S.O. 1990, provides, in part, that the council of a local municipality may by by-law designate lands that would otherwise be subject to part-lot control, not be subject to such part-lot control; AND WHEREAS such by-laws are required under subsection 50(7.1) of the Planning Act to be approved by the appropriate approval authority, that being the Regional Municipality of Niagara as per subsection 51(5) of the Planning Act, subsequently delegated to the City of Niagara Falls by Regional Municipality of Niagara By-law No. 8819-97; AND WHEREAS the said lands are zoned by By-law No. 79-200, as amended by By-law No. 2019-003, to permit on-street townhouse dwellings; AND WHEREAS the owner of the said lands proposes to divide the westerly portion of Part of Block 107 into four parcels with stormwater easements for four on-street townhouse dwelling units to be sold separately, with said parcels being comprised of Parts 1 and 5, Parts 2 and 6, Parts 3 and 7, and Parts 4 and 8, respectively, as set out in the draft reference plan attached hereto as Schedule “A”; AND WHEREAS the Council of The Corporation of the City of Niagara Falls deems it expedient to designate that the said lands not be subject to part-lot control. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That subsection 50(5) of the Planning Act, R.S.O. 1990, not apply to Part of Block 107, Registered Plan 59M-484, in the City of Niagara Falls, in the Regional Municipality of Niagara. 2. This by-law shall remain in full force and effect for two years from the date of passage of this by-law, after which time this by-law shall expire and be deemed to be repealed and of no effect. Read a First, Second and Third time; passed, signed and sealed in open Council this 24th day of October, 2023. ........................................................... ............................................................. WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR S:\PART LOT CONTROL\2023\PLC-2023-006 - Parsa St, Block 107E 59M-484\5 By-law\By-law - PLC-2023-006.docx Page 909 of 990 SCHEDULE "A" TO BY-LAW NO. 2023-096 Page 910 of 990 A Great City … For Generations To Come PLANNING, BUILDING & DEVELOPMENT Inter-Departmental Memo To: Mayor James M. Diodati & Members of Council From: Planning, Building and Development Date: October 24, 2023 Re: PLC-2023-007, Request for Removal of Part Lot Control Blocks 1 to 5, Registered Plan 59M-493, Bentley Common 5901 to 6009 Bentley Common 1746362 Ontario Corporation has requested for Council to pass a by-law to exempt Part Lot Control from Blocks 1 to 5 on Registered Plan 59M-493 to transfer the ownership of townhouse dwelling units that are under construction. Blocks 1 to 5 are proposed to be divided into thirty-four parcels for townhouse dwelling units. In accordance with the draft Reference Plan, the Blocks will be divided as follows: • Block 1 - six parts (Parts 1 to 6) • Block 2 - seven parts (Parts 7 to 13) • Block 3 - seven parts (Parts 14 to 20) • Block 4 - six parts (Parts 21, 23, 25, 27, 29 and 30) • Block 5 - eight parts (Parts 31 to 34, 36, 38, 40 and 41) Parts 22, 24, 26, 28, 35, 37 and 39 are proposed for 1.0 m service easements. The request can be supported based on the following: • The zoning and associated Minor Variance approval (A-2015-042) permits townhouse dwellings with the proposed parcel sizes; and, • The by-law will permit a deed to be created for each parcel containing a dwelling unit and permit each property to be sold separately. MC Attach. S:\PART LOT CONTROL\2023\PLC-2023-007 - Bentley Common, 5901-6009\ Memo to Councill – PLC-2023-007 Page 911 of 990 CITY OF NIAGARA FALLS By-law No. 2023 – 099 A by-law to designate Blocks 1, 2, 3, 4 and 5, Registered Plan 59M-493, not to be subject to part-lot control (PLC-2023-007). WHEREAS subsection 50(7) of the Planning Act, R.S.O. 1990, provides, in part, that the council of a local municipality may by by-law designate lands that would otherwise be subject to part-lot control, not be subject to such part-lot control; AND WHEREAS such by-laws are required under subsection 50(7.1) of the Planning Act to be approved by the appropriate approval authority, that being the Regional Municipality of Niagara as per subsection 51(5) of the Planning Act, subsequently delegated to the City of Niagara Falls by Regional Municipality of Niagara By-law No. 8819-97; AND WHEREAS the said lands are zoned by By-law No. 79-200, as amended by By- law Nos. 2010-131 and 2016-111 to permit townhouse dwellings; AND WHEREAS the owner of the said lands proposes to divide Block 1 into six parcels for six townhouse dwellings (Parts 1 to 6), Block 2 into seven parcels for seven townhouse dwellings (Parts 7 to 13), Block 3 into seven parcels for seven townhouse dwellings (Parts 14 to 20), Block 4 into six parcels for six townhouse dwellings (Parts 21, 23, 25, 27, 29 and 30) with service easements (Parts 22, 24, 26 and 28), and Block 5 into eight parcels for eight townhouse dwellings (Parts 31 to 34, 36, 38, 40 and 41) with service easements (Parts 35, 37 and 39), as set out in the draft reference plan attached hereto as Schedule “A”; AND WHEREAS the Council of The Corporation of the City of Niagara Falls deems it expedient to designate that the said lands not be subject to part-lot control. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That subsection 50(5) of the Planning Act, R.S.O. 1990, not apply to Blocks 1, 2, 3, 4 and 5, Registered Plan 59M-493, in the City of Niagara Falls, in the Regional Municipality of Niagara. 2. This by-law shall remain in full force and effect for two years from the date of passage of this by-law, after which time this by-law shall expire and be deemed to be repealed and of no effect. Read a First, Second and Third time; passed, signed and sealed in open Council this 24th day of October, 2023. Page 912 of 990 ........................................................... ............................................................. WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR S:\PART LOT CONTROL\2023\PLC-2023-007 - Bentley Common, 5901-6009\ Memo to Councill – PLC-2023-007 Page 913 of 990 TOWN OF WASAGA BEACH 30 Lewis Street, Wasaga Beach Ontario, Canada L9Z 1A1 Tel (705) 429-3844 Fax (705) 429 -6732 mayor@wasagabeach.com September 28, 2023 Premier of Ontario Legislative Building Queen's Park Toronto ON M7A 1A1 BY EMAIL ONLY Dear Premier Ford, RE: Illegal Car Rally – Provincial Task Force Please be advised that the Council of the Town of Wasaga Beach, during their September 14, 2023 Council meeting adopted the following resolution regarding illegal car rallies: WHEREAS the prevalence of unsanctioned car rally events has grown in recent years throughout North America; AND WHEREAS the Town of Wasaga Beach has been the target of unsanctioned car rallies over the past four years resulting in property damage, threats to public order, and significant risk to people’s safety and enjoyment of their property; AND WHEREAS the protections afforded by the Canadian Charter of Rights and Freedoms are being violated by unsanctioned car rally organizers and participants, thereby infringing on the rights of others and undermined the response of enforcement personnel; AND WHEREAS unsanctioned car rally activity crosses multiple jurisdictions requiring a province wide coordinated response framework to protect all communities from the same disruption and risk to public safety; THEREFORE BE IT RESOLVED THAT the Town of Wasaga Beach requests that a provincial task force be assembled to create a municipal response framework to protect communities from unsanctioned car rallies with a mandate to include, but not limited to:  Investigate legislative enhancements and tools to assist municipalities in responding and enforcing unsanctioned car rallies.  Investigate expanded powers for municipal law enforcement officers.  Develop a proactive approach to awareness, prevention, enforcement and collaboration across all enforcement personnel, including police, municipal law enforcement officers and other provincial offences officers.  Investigate harsher penalties and increased fines for unsanctioned car rally organizers and participants. Page 914 of 990 AND FURTHER THAT the Province provide funding to municipalities to assist with the cost in enforcing unsanctioned car rallies; AND FURTHER THAT a copy of this Resolution be sent to the Right Honourable Prime Minister Justin Trudeau, Honourable Doug Ford, Premier of Ontario, the Honourable Michael Kerzner, Solicitor General of Ontario, the Honourable Doug Downey, Attorney General of Ontario, the Honourable Paul Calandra, Minister of Municipal Affairs and Housing, the Honourable Prabmeet Sarkaria, Minister of Transportation, MPP Brian Saunderson, Commissioner of the Ontario Provincial Police, County of Simcoe, FCM, and AMO; AND FURTHER THAT a copy of this resolution be sent to all Ontario municipalities requesting a letter of support be sent to senior levels of government. Your favourable consideration of this matter is appreciated. Should you have any questions, please contact me at mayor@wasagabeach.com or (705) 429-3844. Respectfully yours, Brian Smith, Mayor Town of Wasaga Beach cc: Right Honourable Prime Minister Justin Trudeau Hon. Michael Kerzner, Solictor General of Ontario Hon. Doug Downey, Attorney General of Ontario Hon. Paul Calandra, Minister of Municipal Affairs and Housing Hon. Prabmeet Sarkaria, Minister of Transportation Brian Saunderson, MPP – Simcoe-Grey Commissioner Thomas Carrique, Ontario Provincial Police County of Simcoe Council Federation of Canadian Municipalities Association of Municipalities of Ontario Ontario Municipalities Page 915 of 990 Resolution The Corporation of the Town of Cobourg 1 Hon. Doug Ford Premier of Ontario Legislative Building, Queen’s Park, Toronto, ON M7A 1A1 VIA EMAIL: doug.fordco@pc.ola.org RE: Correspondence from the Township of Puslinch regarding Illegal Land Use Enforcement Please be advised that the Town of Cobourg Council, at its meeting held on October 2, 2023, passed the following resolution: Moved by Councillor Miriam Mutton Resolution No: 314-2023 Seconded by Councillor Brian Darling October 2, 2023 THAT Council receive the correspondence from the Township of Puslinch regarding Illegal Land Use Enforcement for information purposes; and FURTHER THAT Council endorse and support the resolution from the Township of Puslinch and Council direct staff to send a duplicate resolution to associated ministries and Ontario Municipalities. The resolution reads as follows: That the Illegal Land Use Enforcement Taskforce’s mandate be expanded to include other types of illegal land uses and not solely on illegal trucking land uses; and That the Province be requested to strengthen municipal enforcement powers by: • Amending the Municipal Act to enable municipalities to physically bar entry to properties where illegal land uses that have significant detrimental impacts on adjacent residential properties, the environment or create unsafe situations; • Increasing the maximum penalty amounts in the Planning Act to $50,000 for an individual upon conviction and on a subsequent conviction, not more than $25,000 for each day in which the contravention has continued after the day in which the person was initially convicted; and Town of Cobourg 55 King Street West, Cobourg, ON, K9A 2M2 clerk@cobourg.ca October 11, 2023 Page 916 of 990 Resolution The Corporation of the Town of Cobourg 2 • Including provisions to ensure a corporation is liable to fines of not more $100,000 upon first conviction and not more than $50,000 for each day in which the contravention has continued after the day in which the corporation was initially convicted. That a copy of this report be provided to the Honourable Doug Ford, Premier of Ontario, the Honourable Steve Clark, Minister of Municipal Affairs and Housing, the Honourable Sylvia Jones, MPP, Dufferin-Caledon; the Honourable Doug Downey, Attorney General of Ontario; and That a copy of this report be provided to the municipalities within the Greater Golden Horseshoe area seeking support in the request for strengthened enforcement powers to combat significant illegal land uses negatively impacting communities across Ontario and to the Association of Municipalities of Ontario (AMO) and Rural Ontario Municipal Association (ROMA). Sincerely, Kristina Lepik Deputy Clerk/Manager, Legislative Services Cc: The Honourable Steve Clark, Minister of Municipal Affairs and Housing, The Honourable Sylvia Jones, Deputy Premier, Minister of Health and MPP Dufferin- Caledon, The Honourable Doug Downey, Attorney General of Ontario, Association of Municipalities of Ontario, Rural Ontario Municipal Association, Ontario Municipalities Page 917 of 990                     The Corporation of The Township of The Archipelago Council Meeting Agenda Number:15.13. Resolution Number 23-178 Title:Cigarette Producer Responsibility Date:Friday, October 13, 2023 Moved by:Councillor Sheard Seconded by:Councillor MacLeod WHEREAS cigarette manufacturers play a crucial role in the creation and distribution of cigarette products. Cigarettes, are responsible for significant environmental damage and contribute to waste and pollution; and WHEREAS cigarette butts are the most common form of litter worldwide and pose a threat to aquatic life and ecosystems. As reported 26 July 2023 to the Canadian Council of Ministers of the Environment, Pollution Probe’s Great Lakes Plastic Cleanup identified cigarette butts one of the top five items of microplastics found in the Great Lakes, and WHEREAS cigarette filters are composed of non-biodegradable materials that can take several years to degrade, exacerbating the problem of waste accumulation; and WHEREAS the concept of producer responsibility promotes the idea that the party that profits from the creation and sale of a product should also be responsible for managing the product's end-of-life environmental impact; and WHEREAS the Province of Ontario has successfully implemented producer responsibility programs for various industries, such as electronics, packaging, and batteries, resulting in significant improvements in waste management and environmental sustainability; and WHEREAS the exclusion of cigarette manufacturers from current producer responsibility programs in our province creates an inconsistency in environmental policy and hampers our overall efforts to reduce waste and protect our environment. It is imperative to address the environmental impact of cigarette manufacturing, usage, and disposal. Page 918 of 990       NOW THEREFORE BE IT RESOLVED that the Township of The Archipelago hereby requests the Province of Ontario to include cigarette manufacturers within the scope of producer responsibility regulations and programs; AND FURTHER BE IT RESOLVED that the Ontario Government takes necessary steps to develop and amend legislation to ensure cigarette manufacturers are responsible for the collection, recycling, and proper disposal of cigarette waste and the Province of Ontario be encouraged to work collaboratively with relevant stakeholders, including public health organizations, environmental groups, and retail associations, to develop comprehensive and effective strategies for the inclusion of cigarette manufacturers in producer responsibility program, taking into account the unique challenges posed by tobacco products; AND FURTHER BE IT RESOLVED that the Province of Ontario allocate adequate resources and establish monitoring systems to ensure compliance with the newly imposed responsibilities by cigarette manufacturers, including penalties for non-compliance; AND FURTHER BE IT RESOLVED that the Province of Ontario adopts regulations and policies that require cigarette manufacturers to: Take financial responsibility for the collection, transportation, recycling, or safe disposal of discarded cigarettes and related waste materials. 1. Develop and engage in public awareness campaigns to educate the public about the environmental impact of cigarette butt litter and implement programs to educate the public on the safe disposal of cigarette butts. 2. Implement measures to minimize the environmental impact of their products through the use of sustainable materials, reduced packaging, and improved recycling initiatives; 3. AND FURTHER BE IT RESOLVED The Ministry of the Environment actively collaborates with other provinces and territories within Canada to encourage a nationwide approach towards including cigarette manufacturers in Producer Responsibility initiatives; AND FURTHER BE FINALLY RESOLVED that copies of this Resolution be sent to the Honorable Doug Ford Premier of Ontario, the Honorable Andrea Khanjin Minister of the Environment, Conservations and Parks, relevant Members of Provincial Parliament (MPPs), Leader of the Opposition parties, All Municipalities in Ontario, Pollution Probe, Georgian Bay Forever, Georgian Bay Association, and other pertinent stakeholders as appropriate, urging their support and action in this matter. Carried Page 919 of 990 1 Heather Ruzylo Subject:[EXTERNAL]-Letter from Minister Calandra - City of Niagara Falls From: minister.mah@ontario.ca <minister.mah@ontario.ca> Sent: Monday, October 16, 2023 7:57 PM To: Bill Matson <billmatson@niagarafalls.ca> Subject: [EXTERNAL]-Letter from Minister Calandra - City of Niagara Falls Ministry of Municipal Affairs and Housing Office of the Minister 777 Bay Street, 17th Floor Toronto ON M7A 2J3 Tel.: 416 585-7000 Ministère des Affaires municipales et du Logement Bureau du ministre 777, rue Bay, 17e étage Toronto ON M7A 2J3 Tél. : 416 585-7000 October 16, 2023 Dear Municipal Clerks/CAOs, and Conservation Authority Administrators: Subject: Proposed Legislation to Return Lands to the Greenbelt and Oak Ridges Moraine I am writing to you to let you know that the Ontario government introduced legislation that if passed, would restore the 15 parcels of land that were redesignated or removed from the Greenbelt Plan and the Oak Ridges Moraine Conservation Plan areas in late 2022. The Greenbelt Statute Law Amendment Act, 2023, if passed, would enhance protections for these areas by ensuring any future boundary changes can only be made through an open, public and transparent legislative process. In response to the feedback from Indigenous communities, the public, municipalities and stakeholders we introduced proposed l amendments that would:  Add 15 sites back to the Greenbelt that were removed in December 2022 by incorporating the description of the Greenbelt Area and Oak Ridges Moraine Area boundaries directly into the proposed legislation.  Eliminate the authority to remove lands from the Greenbelt Area and Oak Ridges Moraine Area by regulation so that any future removals would require legislative change to the Greenbelt Act or the Oak Ridges Moraine Conservation Act.  Revoke the existing Greenbelt Area boundary regulation (O. Reg. 59/05) and the existing regulation that designates the Oak Ridges Moraine Area (O. Reg. 1/02).  Undo the redesignation of lands to Settlement Area in the Oak Ridges Moraine Conservation Plan.  Provide for a concurrent amendment to the Greenbelt Plan's land use schedules to restore the same protections to lands that t had before the 2022 amendment  Continue to ensure provide that no Plan amendments can be made that would reduce its total area in the Greenbelt Plan..  Reverse the repeal of the Duffins Rouge Agricultural Preserve Act, 2005.  Restore the same protections for easements and covenants on the lands in the Duffins Rouge Agricultural Preserve that they had before the 2022 amendment, and The linked image cannot be displayed. The file may have been moved, renamed, or deleted. Verify that the link points to the correct file and location. Page 920 of 990 2  Strengthen immunity provisions. The amendments, if passed, will maintain the lands added to the Greenbelt in 2022, which includes a total of 9,400 acres (13 Urban River Valleys and lands in the Paris Galt Moraine area). Request for Feedback More information on the legislative proposal to amend the Greenbelt Act, 2005, Oak Ridges Moraine Conservation Act, 2001 and other related legislation can be found on the Environmental Registry of Ontario (ERO) at:  ERO #019-7739 – Proposal to return lands to the Greenbelt - Greenbelt Statute Law Amendment Act, 2023.  ERO #019-7735 – New Act regarding the Duffins Rouge Agricultural Preserve easements and covenants. Information and mapping on the 2022 decision to amend the Greenbelt Plan and Oak Ridges Moraine Conservation Plan can be found here:  ERO #019-6216 - Amendments to the Greenbelt Plan  ERO #019-6218 Proposed redesignation of land under the Oak Ridges Morain e Conservation Plan O. Reg. 140/02 I look forward to receiving your feedback on this proposal. Comments can be sent through the registry or to greenbeltconsultation@ontario.ca by November 30, 2023. Sincerely, Hon. Paul Calandra Minister of Municipal Affairs and Housing c. Martha Greenberg, Deputy Minister, Municipal Affairs and Housing Sean Fraser, Assistant Deputy Minister, Municipal Affairs and Housing, Planning and Growth Division Le 16 octobre 2023 Objet : Projet de loi visant la réintégration de terres à la ceinture de verdure et à la moraine d’Oak Ridges Madame, Monsieur, Je me permets de vous écrire pour vous informer que le gouvernement de l’Ontario a déposé un projet de loi qui, s’il est adopté, rétablira les 15 parcelles qui avaient été autrement désignées ou retirées du Plan de la ceinture de verdure et du Plan de conservation de la moraine d’Oak Ridges à la fin de 2022. S’il est adopté, ce projet de loi de 2023 modifiant la Loi sur la ceinture de verdure protection de ces terres en veillant à ce que toute modification future de leurs limites ne puisse être apportée qu’au terme législatif ouvert, public et transparent. Page 921 of 990 3 En réponse aux commentaires des communautés autochtones, du grand public, des municipalités et des parties prenantes, nous avons proposé des modifications législatives qui :  ajoutent 15 parcelles à la ceinture de verdure qui avaient été retirées en décembre 2022 en incorporant la description des limites de la ceinture de verdure et de la moraine d’Oak Ridges directement dans le libellé;  éliminent le pouvoir de retirer des terres de la ceinture de verdure et de la moraine d’Oak Ridges par voie réglementaire, de que tout retrait futur nécessiterait une modification à la Loi sur la ceinture de verdure ou à la Loi sur la conservation de la moraine d’Oak Ridges;  révoquent deux règlements existants, soit celui délimitant la ceinture de verdure (Règl. de l’Ont. 59/05) et celui désignant le territoire de la moraine d’Oak Ridges (Règl. de l’Ont. 1/02);  annulent la réaffectation de terres à la zone de peuplement dans le Plan de conservation de la moraine d’Oak Ridges;  prévoient une modification simultanée des schémas d’aménagement du Plan de la ceinture de verdure afin de ré protections pour les terres que celles dont celles-ci bénéficiaient avant la modification de 2022;  maintiennent l’interdiction de toute modification qui réduirait la superficie totale du Plan de la ceinture de verdure;  renversent l’abrogation de la Loi de 2005 sur la Réserve agricole de Duffins-Rouge;  rétablissent les mêmes protections pour les servitudes et engagements sur les terres de la Réserve agricole de Duffins celles dont celles-ci bénéficiaient avant la modification de 2022;  renforcent les dispositions relatives à l’immunité. Ces modifications, si elles sont adoptées, maintiendront les terres ajoutées à la ceinture de verdure en 2022, ce qui représe 9 400 acres (13 ajouts de vallées fluviales urbaines et de terres dans la région de la moraine de Paris Galt). Demande de commentaires De plus amples renseignements sur le projet de loi visant à modifier la Loi de 2005 sur la ceinture de verdure, la Loi de 2001 sur la conservation de la moraine d’Oak Ridges et d’autres lois connexes sont fournis dans le Registre environnemental de l’Ontario partir des liens suivants :  REO no 019-7739 – Proposition de réintégration de terres à la ceinture de verdure -Loi de 2023 modifiant des lois en ce qui concerne la ceinture de verdure  REO no 019-7735 – Loi de 2023 sur la réserve agricole de Duffins-Rouge Des renseignements et des cartes sur la décision de 2022 modifiant le Plan de la ceinture de verdure et le Plan de conservati moraine d’Oak Ridges sont accessibles à partir des liens suivants :  REO no 019-6216 – Modifications au Plan de la ceinture de verdure  REO no 019-6218 – Nouvelle désignation proposée des terres dans le cadre du Plan de conservation de la moraine d’Oak Ridges (Règl. de l’Ont. 140/02) Je me réjouis à la perspective de recevoir vos commentaires en ce qui a trait à cette proposition. Vous pouvez envoyer vos comme par l’intermédiaire du registre ou à greenbeltconsultation@ontario.ca avant le 30 novembre 2023. Cordialement, The linked image cannot be displayed. The file may have been moved, renamed, or deleted. Verify that the link points to the correct file and location. Page 922 of 990 4 CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. L’honorable Paul Calandra Ministre des Affaires municipales et du Logement cc Martha Greenberg, sous-ministre, Affaires municipales et Logement Sean Fraser, sous-ministre adjoint, Affaires municipales et Logement, Division de l’aménagement et de la croissance Page 923 of 990 EDWARD T. MCDERMOTT Integrity Commissioner City of Niagara Falls integrity@adr.ca October 2, 2023 Sent by email to: Bill Matson, City Clerk billmatson@niagarafalls.ca Re: Complaint of Contravention of Code of Conduct IC- 23622-0423 Dear Mr. Matson: I wish to advise that after a full investigation of the above noted Complaint, a Decision has been issued to the parties finding that no contravention of the Code of Conduct was committed by Councillor Lococo with respect to the several matters alleged in the Complaint. A comprehensive (45 page) Report and Decision has been provided to the parties which, in accordance with the provision of the Code, shall remain confidential unless otherwise required by law or I determine it is in the public interest to publish same. This matter is accordingly now concluded. Yours very truly, Edward T. McDermott Integrity Commissioner, City of Niagara Falls Page 924 of 990 The Niagara Falls Shadow Coun A registered Independent Social Counseling organ Tuesday October 24,2023 Comment for the 10 24 2023 Council Meetin (‘H-u val.vs III Affordable Housin DVCfy Uéiy ,L/UUIIUII IVICI J .I,very day that Every day th?g a Lady Justice Do not redact the contents of this dncurnent This document can be freely distributed genda Hlg U1 yULl[LCIIII,IVUVU 1.3,AUAL) 2026 (the end of you eated by this Council is 0 or lure, ncil Members, lures Page 925 of 990 J oedy Burdett President of the \\Former 2022 C: Council election Ontario Indepe1 Building Servic: Buildings J*1 Owner Niagara ‘ The Niagara Falls Shadow Council is a registered 100051 The Niagara Falls Shadow Council is not Altering redacting 2 Niagara Falls Shadow Council andidate for The Niagara Falls City ?. ndent Designer [BCIN 38837) es,Plumbing-All Buildings,Small Street,Niagaxg o,L2E 2R7 05)353 8468 am Falls Shadow Counci ca (TNFSC.ca) ’ Independent Social Counseling organization [BIN 15774). associated with The City of Niagara Falls. 2lb| Page 926 of 990 The Niagara Falls Shadow Coun A registered Independent Social Counseling organ Tuesday October 24,2023 Comment for the 10 24 2023 Council Meetin on;-I (‘nu-usilnr Q!-cu: :.uu_y\.u uxvunun nun:vvu students u m \aun.ran:at Council, ‘?workingin the J JJI-lI’L[lg U15 JJUCUILIUCI -collectively stated IA [21 It is impona?mau —jlnfNiagaraM,r 'dents. [3]As 0 time can V ,,I COLl1'lC1l?I 53011 H]U'l€pI'O Diodat 0 be liv i [4]It has been 313 ’ , students and fac ‘ [5]The claim rema“ [6]The current oc , Lady Justice Do not redact the contents of this document This document can be freely distributed genda UI JJIUUHLI 'clI.lU \4Ul1[lUll culty were going to be '1gc: s 0 t Cityedofficialsandrepresen :cu1ative statemenfsthat 'sle ts were true or false,a rep will ,p.1,, gI'CSS OI U16 C13lI1'l. i and Councilor Stran ng and working in Page 927 of 990 4‘.*\\“‘_~ ._.\‘\. \.... \ Page 928 of 990 J oedy Burdett President of the \\Former 2022 C: Council election Ontario Indepe1 Building Servic: Buildings J*1 Owner Niagara ‘ The Niagara Falls Shadow Council is a registered 100051 The Niagara Falls Shadow Council is not Altering redacting 2 Niagara Falls Shadow Council andidate for The Niagara Falls City ?. ndent Designer [BCIN 38837) es,Plumbing-All Buildings,Small Street,Niagaxg o,L2E 2R7 05)353 8468 am Falls Shadow Counci ca (TNFSC.ca) ’ Independent Social Counseling organization [BIN 15774). associated with The City of Niagara Falls. 2(1)] Page 929 of 990 The Niagara Falls Shadow Coun A registered Independent Social Counseling organ Mayor Diodati comments cone: ugdated Council, "w?nDecember 31,2 M J.D.t.#1 ayor 1m 1 [2]"You’re goix?g ? our do;2v1fmn." [3]"‘,’s what’s missi a gr store for ir fo( ? [4]It is important tha oses hi srepresentative0~ara Fall mislead. [5]As only time c to council at ca [6]It has been 660 [7]There are currently no high-rises,reside nstoresbeingbuiltinourdowntown. [8] [Eli(https://www.niagarafa||sreview.ca/new fal|s—downtown-university-cou|d—come-t Lady Justice Do not redact the contents of this document This document can be freely distributed genda W news article was p os g bu'sidcntial apartments,and to see cranes in downtow 1 need people to live there n you’ed )d there." .words carefully.As a re s,making speculative ;;‘L _.. M}" Page 930 of 990 Page 931 of 990 J oedy Burdett President of the \\Former 2022 C: Council election Ontario Indepe1 Building Servic: Buildings J*1 Owner Niagara ‘ The Niagara Falls Shadow Council is a registered 100051 The Niagara Falls Shadow Council is not Altering redacting 2 Niagara Falls Shadow Council andidate for The Niagara Falls City ?. ndent Designer [BCIN 38837) es,Plumbing-All Buildings,Small Street,Niagaxg o,L2E 2R7 05)353 8468 am Falls Shadow Counci ca (TNFSC.ca) ’ Independent Social Counseling organization [BIN 15774). associated with The City of Niagara Falls‘ 211)] Page 932 of 990 The Niagara Falls Shadow Coun A registered Independent Social Counseling organ Tuesday October 24,2023 Comments for the 10 24 2023 Council Meeti ‘lu‘_')n’)Q_')'-I (Tl a -avau-av rnnnuuuu vyuuny V;vs Council, ‘K . t ,'§'fecommended.I;hat ‘ K.ieved.WL, Lady Justice Do not redact the contents of this document This document can be freely distributed Q-unntlivur spending and be Page 933 of 990 J oedy Burdett President of the \\Former 2022 C: Council election Ontario Indepe1 Building Servic: Buildings J*1 Owner Niagara ‘ The Niagara Falls Shadow Council is a registered 100051 The Niagara Falls Shadow Council is not Altering redacting 2 Niagara Falls Shadow Council andidate for The Niagara Falls City ?. ndent Designer [BCIN 38837) es,Plumbing-All Buildings,Small Street,Niagaa o,L2E 2R7 05)353 8468 am Falls Shadow Counci ca (TNFSC.ca) ’ Independent Social Counseling organization [BIN 15774). assnciated with The City of Niagara Falls. 211)] Page 934 of 990 The Niagara Falls Shadow Coun A registered Independent Social Counseling organ Commcntéforthe vi -a\ Beck Road Bridge Regl ouncil, I. £1 recommended?a"Inc.at the bid prim:of $ L,» Council approve an exception to Policy 311. !direct appointment in excess of $100,000. Council approve a direct appointment to Elli ma-\-w3hLA.5,U4U.UU*eXCl11 Beck Road Bridge R The Mayor and City I ‘ Lady Justice Do not redact the contents of this document This document can be freely distributed u-au cement Ten 0 the lowest bidder Ra struction HST. 02,Consultant Selection P to it 3 Engineering Inc.in the unt o umstrauon and l1'lSp€CI10I1 IXCCIHCth?necessa Page 935 of 990 J oedy Burdett President of the \\Former 2022 C: Council election Ontario Indepe1 Building Servic: Buildings J*1 Owner Niagara ‘ The Niagara Falls Shadow Council is a registered 100051 The Niagara Falls Shadow Council is not Altering redacting 2 Niagara Falls Shadow Council andidate for The Niagara Falls City ?. ndent Designer [BCIN 38837) es,Plumbing-All Buildings,Small Street,Niagaxg o,L2E 2R7 05)353 8468 am Falls Shadow Counci ca (TNFSC.ca) ’ Independent Social Counseling organization [BIN 15774). associated with The City of Niagara Falls. 211)] Page 936 of 990 The Niagara Falls Shadow Coun A registered Independent Social Counseling organ Commcntéforthe A l.lll'Gu Exemgtion to P18] 26CD-1 1- 6701 Thorola A licant:2851‘ saw any”, It is recommended to exempt the condomini LunderSection51andSection51.1 of the Pla i6701ThoroldStoneRoad,as identi?ed in S 9(7)of the Condominium Act. The Certificate of Exemption,required to be and 9(7)of the Condominium Act,be condit :__1._. registration and Co Lady Justice Do not redact the contents of this document This document can be freely distributed 1 of Condominium 2023-004 :1Stone Road 901 Ontario Inc. 1m description from appro requir nning Act for lands munic y kno :hedule 1,pursuant to Sect's 9(3 issued by the City under Sections 9(3)(b) ional on submission to the City of the ?nal registered agreement oniht’sag b ‘Sat Page 937 of 990 J oedy Burdett President of the \\Former 2022 C: Council election Ontario Indepe1 Building Servic: Buildings J*1 Owner Niagara ‘ The Niagara Falls Shadow Council is a registered 100051 The Niagara Falls Shadow Council is not Altering redacting 2 Niagara Falls Shadow Council andidate for The Niagara Falls City ?. ndent Designer [BCIN 38837) es,Plumbing-All Buildings,Small Street,Niagaxg o,L2E 2R7 05)353 8468 am Falls Shadow Counci ca (TNFSC.ca) ’ Independent Social Counseling organization (BIN 15774). associated with The City of Niagara Falls. 211)] Page 938 of 990 The Niagara Falls Shadow Coun A registered Independent Social Counseling organ Tuesday October 24,2023 Comments for the 10 24 2023 Council Meeti nnn_ono-1:4 ’)"'l‘_1 _on1o_nn1 ;uu-avau-v-r av:-;;.-ova:-vv;an Subdivision North Side of Ch Dorchester Road Applicant:Ceni Candeloro)Agent:Ugper Canad: It i!recommendgthatl the RiverfrontDraft Pl ' , Subject.§&subsection5" the resoluti?n 1n tom approval to be minori_ Lady Justice Do not redact the contents of this document This document can be freely distributed ()-24-2023-] npnanuu.U1 A\:vv|.:.l\J||.I.wanna 1 sun.vx.igyawaParkway;East Side of tennial Homes (Niagara)Inc.(Joe at Consultants (William Heikoop_1 nonth extension to draft pl ppro fo h a new lapsing date of A 0th,2 Act,1990 R.S.O.Council nside e changes proposed to the Eu?herwritten notice is r Page 939 of 990 J oedy Burdett President of the \\Former 2022 C: Council election Ontario Indepe1 Building Servic: Buildings J*1 Owner Niagara ‘ The Niagara Falls Shadow Council is a registered 100051 The Niagara Falls Shadow Council is not Altering redacting 2 Niagara Falls Shadow Council andidate for The Niagara Falls City ?. ndent Designer (BCIN 38837) es,Plumbing-All Buildings,Small Street,Niagaxg o,L2E 2R7 05)353 8468 am Falls Shadow Counci ca (TNFSC.ca) ’ Independent Social Counseling organization [BIN 15774). assnciated with The City of Niagara Falls. 211)] Page 940 of 990 The Niagara Falls Shadow Coun A registered Independent Social Counseling organ Tuesday October 24,2023 Comments for the 10 24 2023 Council Meeti 'D‘D‘l'\_")n')'.!_£‘'||Il‘al-4-nun.....--......—...............,m.....5 .. ..Request to Designate 4299 Queen Buil u Council, It is recommended that Council direct staff t( the property located at 4299 Queen Street Ni Heritage Act,R.S.O 1990 as it has cultural h Lady Justice Do not redact the contents of this document This document can be freely distributed nu ma uanayaynx anunauusu.vvaulllnunvv l Street [Former Bank of Hamilton ding[ )issue a Notice of Intention to Designate for agara Falls under Part IV of the Ontario eritage value and interest to the of Page 941 of 990 J oedy Burdett President of the \\Former 2022 C: Council election Ontario Indepe1 Building Servic: Buildings J*1 Owner Niagara ‘ The Niagara Falls Shadow Council is a registered 100051 The Niagara Falls Shadow Council is not Altering redacting 2 Niagara Falls Shadow Council andidate for The Niagara Falls City ?. ndent Designer [BCIN 38837) es,Plumbing-All Buildings,Small Street,Niagalg o,L2E 2R7 05)353 8468 am Falls Shadow Counci ca (TNFSC.ca) ’ Independent Social Counseling organization [BIN 15774). assnciated with The City of Niagara Falls. 211)] Page 942 of 990 The Niagara Falls Shadow Coun A registered Independent Social Counseling organ Tuesday October 24,2023 Comments for the 10 24 2023 Council Meeti ‘DR-,f‘,')l'I')'a_no Council, It is recommended that Council approve the r\r1‘r11lh]:P1]r1 ,..‘_L,‘--,.,1M4 ,.._._.,.aL,.s L.,.I “Liillllbll E111 'I1lllUH.bbi1UUl P '"th b d t t‘?gte 1.1 geary;ss’a H 4 Lady Justice Do not redact the contents of this document This document can be freely distributed ()-24-2023-] 'a IUVVII \./11:1 allu ‘£1 FU 1I':i1u:,KIIU in the 2024 operating r R]5 0 '1 Page 943 of 990 J oedy Burdett President of the \\Former 2022 C: Council election Ontario Indepe1 Building Servic: Buildings J*1 Owner Niagara ‘ The Niagara Falls Shadow Council is a registered 100051 The Niagara Falls Shadow Council is not Altering redacting 2 Niagara Falls Shadow Council andidate for The Niagara Falls City ?. ndent Designer [BCIN 38837) es,Plumbing-All Buildings,Small Street,Niagaxg o,L2E 2R7 05)353 8468 am Falls Shadow Counci ca (TNFSC.ca) ’ independent Social Counseling organization [BIN 15774). associated with The City of Niagara Falls. Page 944 of 990 The Niagara Falls Shadow Coun A registered Independent Social Counseling organ Tuesday October 24,2023 Comments for the 10 24 2023 Council Meeti 1.*_onoq_oo Pp. A‘-avau—aJ l-I.\\rIlIJlI.uuuwu]ave;vv Falls [Drafg Audited Consolidated Council, I t It Is recommended that Q 0' Is Dra?Consoligateg‘y Lady Justice Do not redact the contents of this document This document can be freely distributed ()-24-2023-] LPUAGLAUJA VA gnaw mast!v:avnusnnn Financial Statements Cofporatlon or the (.‘ ara Page 945 of 990 J oedy Burdett President of the \\Former 2022 C: Council election Ontario Indepe1 Building Servic: Buildings J*1 Owner Niagara ‘ The Niagara Falls Shadow Council is a registered 100051 The Niagara Falls Shadow Council is not Altering redacting 2 Niagara Falls Shadow Council amdidate for The Niagara Falls City ?. ndent Designer [BCIN 38837) es,Plumbing-All Buildings,Small Street,Niagaxg o,L2E 2R7 05)353 8468 am Falls Shadow Counci ca (TNFSC.ca) ’ Independent Social Counseling organization (BIN 15774). associated with The City of Niagara Falls. 211)] Page 946 of 990 The Niagara Falls Shadow Coun A registered Independent Social Counseling organ Tuesday October 24,2023 Comments for the 10 24 2023 Council Meeti 'DI2I'\_")n’)'.!_‘:lDnnnr¢-;uu-avau-vu |x\\.yva|.nuuwu]a.any Apgroval Fundi Council, 1s recommended that St ‘ oessary invoiceskapd"4. Lady Justice Do not redact the contents of this document This document can be freely distributed ()-24-2023-] Final Re 0 tthe tlnal report along 1 the he Province. Page 947 of 990 J oedy Burdett President of the \\Former 2022 C: Council election Ontario Indepe1 Building Servic: Buildings J*1 Owner Niagara ‘ The Niagara Falls Shadow Council is a registered 100051 The Niagara Falls Shadow Council is not Altering redacting 2 Niagara Falls Shadow Council andidate for The Niagara Falls City ?. ndent Designer [BCIN 38837) es,Plumbing-All Buildings,Small Street,Niagaxg o,L2E 2R7 05)353 8468 am Falls Shadow Counci ca (TNFSC.ca) ’ Independent Social Counseling organization (BIN 15774). associated with The City of Niagara Falls. 211)] Page 948 of 990 The Niagara Falls Shadow Coun A registered Independent Social Counseling organ Tuesday October 24,2023 Comments for the 10 24 2023 Council Meeti f‘.-uynvnnninal-inns \/Ullllll Iullllmo?naval:uu.u uu. Council, It is recommended that 9.1 —9.3 be approved Lady Justice Do not redact the contents of this document This document can be freely distributed ()-24-2023-] Page 949 of 990 J oedy Burdett President of the \\Former 2022 C: Council election Ontario Indepe1 Building Servic: Buildings J*1 Owner Niagara ‘ The Niagara Falls Shadow Council is a registered 100051 The Niagara Falls Shadow Council is not Altering redacting 2 Niagara Falls Shadow Council andidate for The Niagara Falls City ?. ndent Designer [BCIN 38837) es,Plumbing-All Buildings,Small Street,Niagaxg o,L2E 2R7 05)353 8468 am Falls Shadow Counci ca (TNFSC.ca) ’ Independent Social Counseling organization [BIN 15774). associated with The City of Niagara Falls. 2lb| Page 950 of 990 The Niagara Falls Shadow Coun A registered Independent Social Counseling organ Tuesday October 24,2023 Comments for the 10 24 2023 Council Meeti f‘.-uynvnnninal-innsvunanannIullllmo?naval:uu.u uu. Council, It is recommended that 10.1 —10.5 be receiv Further to 10.5,it is requested to make pub1 i< I would appear the complainant did not ?le a pmnirmt Lady Justice Do not redact the contents of this document This document can be freely distributed ()-24-2023-] d ?led. cost of the complaint. mplaint with the Law S ntario ~ Page 951 of 990 J oedy Burdett President of the \\Former 2022 C: Council election Ontario Indepe1 Building Servic: Buildings J*1 Owner Niagara ‘ The Niagara Falls Shadow Council is a registered 100051 The Niagara Falls Shadow Council is not Altering redacting 2 Niagara Falls Shadow Council andidate for The Niagara Falls City ?. ndent Designer [BCIN 38837) es,Plumbing-All Buildings,Small Street,Niagaxg o,L2E 2R7 05)353 8468 am Falls Shadow Counci ca (TNFSC.ca) ’ Independent Social Counseling organization [BIN 15774). associated with The City of Niagara Falls. 211)] Page 952 of 990 The Niagara Falls Shadow Coun A registered Independent Social Counseling organ Tuesday October 24,2023 Comments for the 10 24 2023 Council Meeti ,A‘l\Il_')?")’-1-00:_nxyounuuavaa -ran:-nvau-vvu -I vu; Zoning Council, 'v’. ’4.Esggecommento Lady Justice Do not redact the contents of this document This document can be freely distributed ()-24-2023-] Page 953 of 990 J oedy Burdett President of the \\Former 2022 C: Council election Ontario Indepe1 Building Servic: Buildings J*1 Owner Niagara ‘ The Niagara Falls Shadow Council is a registered 100051 The Niagara Falls Shadow Council is not Altering redacting 2 Niagara Falls Shadow Council andidate for The Niagara Falls City ?. ndent Designer [BCIN 38837) es,Plumbing-All Buildings,Small Street,Niagaxg o,L2E 2R7 05)353 8468 am Falls Shadow Counci ca (TNFSC.ca) ’ Independent Social Counseling organization [BIN 15774). associated with The City of Niagara Falls. 211)] Page 954 of 990 The Niagara Falls Shadow Coun A registered Independent Social Counseling organ Tuesday October 24,2023 Comments for the 10 24 2023 Council Meeti _ A\\.cv1u|.Av1A -l.\.I.v\'::||JA||.-sunaua. App: Council, 1.,xyfecommendto} Lady Justice Do not redact the contents of this document This document can be freely distributed ()-24-2023-] Page 955 of 990 J oedy Burdett President of the \\Former 2022 C: Council election Ontario Indepe1 Building Servic: Buildings J*1 Owner Niagara ‘ The Niagara Falls Shadow Council is a registered 100051 The Niagara Falls Shadow Council is not Altering redacting 2 Niagara Falls Shadow Council andidate for The Niagara Falls City ?. ndent Designer [BCIN 38837) es,Plumbing-All Buildings,Small Street,Niagaxg o,L2E 2R7 05)353 8468 am Falls Shadow Counci ca (TNFSC.ca) ’ Independent Social Counseling organization [BIN 15774). associated with The City of Niagara Falls. 211)] Page 956 of 990 The Niagara Falls Shadow Coun A registered Independent Social Counseling organ Tuesday October 24,2023 Comments for the 10 24 2023 Council Meeti ’)n’)’-1,004 kujcuu ..u-..—...,—...1 ..,—.....w ......... ... ..,—.. regulate the sale and setting off of effects within the City of Niagara l provisions. t 3911, As pointed out ‘M;are adding?c Year Qelebrations. The sa&asoningap ? Why would you not "V ar's Ev ecelebrates? Lady Justice Do not redact the contents of this document This document can be freely distributed ()-24-2023-] vu nu.ava.I -:.v;.warns u.Il,'lSl.VI LII 'fireworks and pyrotechnic special ?alls to introduce new regulatory 45Day should be xcluding Canada's very o ltur e :/New Year's Day,the h Page 957 of 990 J oedy Burdett President of the \\Former 2022 C: Council election Ontario Indepe1 Building Servic: Buildings J*1 Owner Niagara ‘ The Niagara Falls Shadow Council is a registered 100051 The Niagara Falls Shadow Council is not Altering redacting 2 Niagara Falls Shadow Council andidate for The Niagara Falls City ?. ndent Designer [BCIN 38837) es,Plumbing-All Buildings,Small Street,Niagaxg o,L2E 2R7 05)353 8468 am Falls Shadow Counci ca (TNFSC.ca) ’ Independent Social Counseling organization (BIN 15774). associated with The City of Niagara Falls. 211)] Page 958 of 990 The City of Niagara Falls, Ontario Resolution October 24, 2023 No. 14 Moved by: Seconded by: WHEREAS subsection 34(13) of the Planning Act, 1990 R.S.O requires written notice of the public meeting to be given to prescribed persons and public bodies, in the prescribed manner, and accompanied by the prescribed information; and WHEREAS Council held a public meeting on June 20, 2023, to consider an Official Plan and Zoning By-law amendment application by LivWell Development Group Inc. (“the applicant”) to develop a 5 storey apartment dwelling building on lands on the north side of McLeod Road and west of Sharon Avenue known as 7081 McLeod Road; and WHEREAS Council passed By-law No. 2023-077 under Section 34 of the Planning Act to facilitate the proposed development; and WHEREAS declaration of no appeal of By-law No. 2023-077 was given on September 13, 2023; and WHEREAS since that time it was recognized that a number of minor changes were required , specifically the minimum exterior side yard, the minimum interior side yard width to the furthest northern lot line, clarified the minimum width of a landscaped open space strip between parking spaces and the front lot line to not require a decorative wall or decorative fence, clarified the projection of a balcony into a required side yard, and repeal By-law No. 2023-077; and WHEREAS notwithstanding the requirement for the written notice of a public meeting, subsection 34(17) of the Planning Act, 1990 R.S.O allows a municipality to deem such requested changes minor and determine that no further notice is required to be given and by passing a resolution; and WHEREAS the applicant requests Council consider passing a resolution that would deem the giving of further notice is final and that no further notice is required to be given; and WHEREAS Council determined that the proposed changes to the by-law are minor and do not require further notice to be given. THEREFORE, BE IT RESOLVED that subject to subsection 34(17) of the Planning Act, 1990 R.S.O Council deems the changes to the zoning by-law minor and exempts the requirement for further written notice. AND The Seal of the Corporation be hereto affixed. Page 959 of 990 The City of Niagara Falls, Ontario ........................................................... ............................................................. WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 960 of 990 The City of Niagara Falls, Ontario Resolution No. 15 Moved by: Seconded by: WHEREAS subsection 51(45) of the Planning Act, 1990 R.S.O requires a written notice of the changes made to the conditions of approval of a plan of subdivision by an approval authority; and WHEREAS notwithstanding the requirement for a written notice for the changes to the conditions of approval of a plan of subdivision, subsection 51(47) of the Planning Act, 1990 R.S.O allows an approval authority to deem such requested changes minor by passing a resolution; and WHEREAS it has been deemed necessary by Staff for Council to consider passing a resolution that would deem the changes to the conditions of approval for the Riverfront Draft Plan of Subdivision (26T-11-2019-001) minor and not require circulation of a written notice; and WHEREAS Council determined that the proposed changes to the conditions of approval of the Riverfront Draft Plan of Subdivision would require all future Development Agreements and/or Agreements of Purchase and Sale or Lease or Occupancy to include a standard warning clause regarding potential noise and odour from the proposed South Niagara Falls Wastewater Treatment Plant, and allow the registration of the plan to proceed in two phases; and THEREFORE BE IT RESOLVED that subject to subsection 51(47) of the Planning Act, 1990 R.S.O Council deems the changes to the conditions of approval of the Riverfront Draft Plan of Subdivision minor and exempts the requirement for circulating a written notice. AND The Seal of the Corporation be hereto affixed. Re ........................................................... ............................................................. WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR S:\SUBDIVIS\PSUBD\Riverfront\Extension of Draft Plan Approval\Report & Resolution Page 961 of 990 CITY OF NIAGARA FALLS By-law No. 2023-094 A by-law to amend By-law No. 2017-101 being a by-law to regulate the sale and setting off of fireworks and pyrotechnic special effects within the City of Niagara Falls to introduce new regulatory provisions. WHEREAS By-law No. 2017-101, was passed by the Council of The Corporation of the City of Niagara Falls on September 26, 2017, to regulate the sale and setting off of fireworks and pyrotechnic special effects within the City of Niagara Falls; AND WHEREAS on September 12, 2023, the Council of The Corporation of the City of Niagara Falls made a motion to amend By-law No. 2017-101, to include additional dates and holidays on which fireworks and pyrotechnic special effects can be sold and set off within the City of Niagara Falls; AND WHEREAS it is deemed desirable to amend By-law No. 2017-101 accordingly. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That SECTION 5 – SALE OF CONSUMER FIREWORKS of By-law No. 2017-101 is amended as follows: (a) by deleting subsection 5.4 number and replacing it as follows: 5.4 No Person shall Sell Consumer Fireworks except during the following periods: 5.4.1 Seven (7) days preceding the Chinese New Year; 5.4.2 May 1st and ending on July 6th; 5.4.3 Seven (7) days preceding Diwali; and 5.4.4 such other date(s) as authorized by the Fire Chief. 2. That SECTION 6 – DISCHARGE OF CONSUMER FIREWORKS of By-law No. 2017-101 is amended as follows: (a) the following subsections are added as subsections 6.1.1., 6.1.2, 6.1.3, 6.1.10, 6.1.11 and 6.1.12 and the subsequent subsections are renumbered accordingly: 6.1.1 Chinese New Year; 6.1.2 the day immediately preceding Chinese New Year; 6.1.3 three (3) days immediately following Chinese New Year; Page 962 of 990 2 6.1.10 Diwali; 6.1.11 the day immediately preceding Diwali; 6.1.12 three (3) days immediately following Diwali; 3. All other applicable provisions and regulations set out in By-law No. 2017-101 shall remain the same and continue to apply. Read a First, Second and Third time; passed, signed and sealed in open Council this 24th day of October, 2023. ....................................................................... ..................................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 963 of 990 CITY OF NIAGARA FALLS By-law No. 2023-095 A by-law to exempt the property municipally known as 6701 Thorold Stone Road from the requirements for approval of condominium descriptions under Sections 51 and 51.1 of the Planning Act. WHEREAS Sections 9(3)(b) and 9(7) of the Condominium Act, 1998, provides that the approval authority may by by-law exempt a plan from the provisions of Sections 51 and 51.1 of the Planning Act; AND WHEREAS the property is subject to a registered site plan agreement (Instrument No. SN681349); AND WHEREAS all issues regarding development, servicing, grading, parking, landscaping and zoning compliance were reviewed at the time of Site Plan Approval; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The lands described PCL G-2 SEC 59-5; PT BLK G PL 5 STAMFORD PT 1, 2, 59R8114; SUBJECT TO AN EASEMENT AS IN SN745312; SUBJECT TO AN EASEMENT AS IN SN746860; CITY OF NIAGARA FALLS are hereby exempt from the provisions of Sections 51 and 51.1 of the Planning Act in accordance with Sections 9(3)(b) and 9(7) of the Condominium Act, 1998. 2. This by-law shall be in effect for a period of one year from October 24, 2023. Read a First, Second and Third time; passed, signed and sealed in open Council this 24th day of October 2023. ....................................................................... ..................................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR S:\SUBDIVIS\PCONDO\Thorold Stone Road, 6701 - Exemption 26CD-11-2023-004\By-law - Exemption for 6701 Thorold Stone Road.docx Page 964 of 990 CITY OF NIAGARA FALLS By-law No. 2023 - 096 A by-law to designate Part of Block 107, Registered Plan 59M-484, not to be subject to part-lot control (PLC-2023-006). WHEREAS subsection 50(7) of the Planning Act, R.S.O. 1990, provides, in part, that the council of a local municipality may by by-law designate lands that would otherwise be subject to part-lot control, not be subject to such part-lot control; AND WHEREAS such by-laws are required under subsection 50(7.1) of the Planning Act to be approved by the appropriate approval authority, that being the Regional Municipality of Niagara as per subsection 51(5) of the Planning Act, subsequently delegated to the City of Niagara Falls by Regional Municipality of Niagara By-law No. 8819-97; AND WHEREAS the said lands are zoned by By-law No. 79-200, as amended by By-law No. 2019-003, to permit on-street townhouse dwellings; AND WHEREAS the owner of the said lands proposes to divide the westerly portion of Part of Block 107 into four parcels with stormwater easements for four on-street townhouse dwelling units to be sold separately, with said parcels being comprised of Parts 1 and 5, Parts 2 and 6, Parts 3 and 7, and Parts 4 and 8, respectively, as set out in the draft reference plan attached hereto as Schedule “A”; AND WHEREAS the Council of The Corporation of the City of Niagara Falls deems it expedient to designate that the said lands not be subject to part-lot control. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That subsection 50(5) of the Planning Act, R.S.O. 1990, not apply to Part of Block 107, Registered Plan 59M-484, in the City of Niagara Falls, in the Regional Municipality of Niagara. 2. This by-law shall remain in full force and effect for two years from the date of passage of this by-law, after which time this by-law shall expire and be deemed to be repealed and of no effect. Read a First, Second and Third time; passed, signed and sealed in open Council this 24th day of October, 2023. ........................................................... ............................................................. WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR S:\PART LOT CONTROL\2023\PLC-2023-006 - Parsa St, Block 107E 59M-484\5 By-law\By-law - PLC-2023-006.docx Page 965 of 990 SCHEDULE "A" TO BY-LAW NO. 2023-096 Page 966 of 990 CITY OF NIAGARA FALLS By-law No. 2023-097 A by-law to amend By-law No. 79-200, to permit the use of the lands for a 7-unit apartment dwelling and to repeal By-law No. 1985-155 (AM-2023-011). THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The Lands that are the subject of and affected by the provisions of this by-law are described in Schedule 1 of this by-law and shall be referred to in this by-law as the “Lands”. Schedule 1 is a part of this by-law. 2. The purpose of this by-law is to amend the provisions of By-law No. 79-200, to permit the use of the Lands in a manner that would otherwise be prohibited by this by-law. In the case of any conflict between a specific provision of this by -law and any existing provision of By-law No. 79-200, the provisions of this by-law are to prevail. 3. Notwithstanding any provision of By-law No. 79-200 to the contrary, the following uses and regulations shall be the permitted uses and regulations governing the permitted uses on and of the Lands. 4. The permitted uses shall be the uses permitted in the R5A zone. 5. The regulations governing the permitted uses shall be: (a) Minimum lot area 185.7 square metres for each dwelling unit (b) Minimum front yard depth 2.57 metres to the existing building (c) Minimum interior side yard width 1.83 metres to the existing building from the north lot line (d) Minimum landscaped open space 14% of the lot area (e) The balance of the regulations specified for a R5A use. 6. All other applicable regulations set out in By-law No. 79-200 shall continue to apply to govern the permitted uses on the Lands, with all necessary changes in detail. 7. No person shall use the Lands for a use that is not a permitted use. 8. No person shall use the Lands in a manner that is contrary to the regulations. Page 967 of 990 2 9. The provisions of this by-law shall be shown on Sheet D4 of Schedule “A” of By- law No. 79-200 by redesignating the Lands from DTC to R5A and numbered 1220. 10. Section 19 of By-law No. 79-200 is amended by adding thereto: 19.1.1220 Refer to By-law No. 2023-097 11. By-law No. 1985-155 is repealed. Read a First, Second and Third time; passed, signed, and sealed in open Council this 24th day of October 2023. ....................................................................... ..................................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR S:\ZONING\AMS\2023\AM-2023-011 - Lewis Avenue 5504 (PID# 19862)\9 By-law\Bylaw - AM-2023-011.docx Page 968 of 990 30.82m30.82m4 2 . 6 7 m 4 2 . 6 7 m Kitchener St W a l n u t StPowell AvMcGrail AvLewis AvK:\GIS_Requests\2023\Schedule\Zoning2023.aprx 10/11/2023 SCHEDULE 1 TO BY-LAW NO. 2023-097 Area Affected by this Amendment Amending Zoning By-law No. 79-200 ¯ AM-2023-011 Applicant: 1000110629 ONTARIO LTD (Jingfang Wong) Assessment: 272503000404000 Description:FIRSTLY: Part of Lots 6 & 7, Plan 11 as in RO374007; SECONDLY: Part of Lots 7 & 8, Plan 11 as in AA84675 & RO429824; THIRDLY: Part of Lot 8, Plan 11 as in RO370129; City of Niagara Falls PIN 64344-0222 (LT) R5A 1220 Page 969 of 990 CITY OF NIAGARA FALLS By-law No. 2023-098 A by-law to amend By-law No. 79-200, to permit a detached dwelling (AM-2023-012). THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The Lands that are the subject of and affected by the provisions of this by-law are described in Schedule 1 of this by-law and shall be referred to in this by-law as the “Lands”. Schedule 1 is a part of this by-law. 2. The purpose of this by-law is to amend the provisions of By-law No. 79-200, to permit the use of the Lands in a manner that would otherwise be prohibited by this by-law. In the case of any conflict between a specific provision of this by -law and any existing provision of By-law No. 79-200, the provisions of this by-law are to prevail. 3. Notwithstanding any provision of By-law No. 79-200 to the contrary, the following uses and regulations shall be the permitted uses and regulations governing the permitted uses on and of the Lands. 4. The permitted uses shall be the uses permitted in the R1E zone. 5. The regulations governing the permitted uses shall be: a) Minimum lot frontage (i) For an interior lot 10.6 metres b) Maximum width of driveway or parking area in the front yard of a lot 84.4 % of the lot frontage but in no case more than 9 metres to accommodate a maximum 6 metre wide turnaround for vehicular access c) The balance of regulations specified for the R1E zone. 6. All other applicable regulations set out in By-law No. 79-200 shall continue to apply to govern the permitted uses on the Lands, with all necessary changes in detail. 7. No person shall use the Lands for a use that is not a permitted use. 8. No person shall use the Lands in a manner that is contrary to the regulations. Page 970 of 990 9. The provisions of this by-law shall be shown on Sheet B3 of Schedule “A” of By- law No. 79-200 by redesignating the Lands from R1C to R1E and numbered 1221. 10. Section 19 of By-law No. 79-200 is amended by adding thereto: 19.1.1221 Refer to By-law No. 2023-098. Read a First, Second and Third time; passed, signed and sealed in open Council this 24th day of October, 2023. .................................................................... ..................................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 971 of 990 Page 972 of 990 CITY OF NIAGARA FALLS By-law No. 2023 – 099 A by-law to designate Blocks 1, 2, 3, 4 and 5, Registered Plan 59M-493, not to be subject to part-lot control (PLC-2023-007). WHEREAS subsection 50(7) of the Planning Act, R.S.O. 1990, provides, in part, that the council of a local municipality may by by-law designate lands that would otherwise be subject to part-lot control, not be subject to such part-lot control; AND WHEREAS such by-laws are required under subsection 50(7.1) of the Planning Act to be approved by the appropriate approval authority, that being the Regional Municipality of Niagara as per subsection 51(5) of the Planning Act, subsequently delegated to the City of Niagara Falls by Regional Municipality of Niagara By-law No. 8819-97; AND WHEREAS the said lands are zoned by By-law No. 79-200, as amended by By-law Nos. 2010-131 and 2016-111 to permit townhouse dwellings; AND WHEREAS the owner of the said lands proposes to divide Block 1 into six parcels for six townhouse dwellings (Parts 1 to 6), Block 2 into seven parcels for seven townhouse dwellings (Parts 7 to 13), Block 3 into seven parcels for seven townhouse dwellings (Parts 14 to 20), Block 4 into six parcels for six townhouse dwellings (Parts 21, 23, 25, 27, 29 and 30) with service easements (Parts 22, 24, 26 and 28), and Block 5 into eight parcels for eight townhouse dwellings (Parts 31 to 34, 36, 38, 40 and 41) with service easements (Parts 35, 37 and 39), as set out in the draft reference plan attached hereto as Schedule “A”; AND WHEREAS the Council of The Corporation of the City of Niagara Falls deems it expedient to designate that the said lands not be subject to part-lot control. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That subsection 50(5) of the Planning Act, R.S.O. 1990, not apply to Blocks 1, 2, 3, 4 and 5, Registered Plan 59M-493, in the City of Niagara Falls, in the Regional Municipality of Niagara. 2. This by-law shall remain in full force and effect for two years from the date of passage of this by-law, after which time this by-law shall expire and be deemed to be repealed and of no effect. Read a First, Second and Third time; passed, signed and sealed in open Council this 24th day of October, 2023. Page 973 of 990 ........................................................... ............................................................. WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR S:\PART LOT CONTROL\2023\PLC-2023-007 - Bentley Common, 5901-6009\ Memo to Councill – PLC-2023-007 Page 974 of 990 SCHEDULE "A" TO BY-LAW NO. 2023-099 Page 975 of 990 CITY OF NIAGARA FALLS By-law No. 2023-100 A by-law to amend By-law No. 79-200, to permit eighteen stacked townhouse dwelling units within one four storey building subject to the removal of a holding (H) symbol (AM- 2022-029). THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The Lands that are the subject of and affected by the provisions of this by-law are described in Schedule 1 of this by-law and shall be referred to in this by-law as the “Lands”. Schedule 1 is a part of this by-law. 2. The purpose of this by-law is to amend the provisions of By-law No. 79-200, to permit the use of the Lands in a manner that would otherwise be prohibited by this by-law. In the case of any conflict between a specific provision of this by -law and any existing provision of By-law No. 79-200, the provisions of this by-law are to prevail. 3. Notwithstanding any provision of By-law No. 79-200 to the contrary, the following uses and regulations shall be the permitted uses and regulations governing the permitted uses on and of the Lands. 4. The permitted uses shall be the uses permitted in the R4 zone. 5. The regulations governing the permitted uses shall be: a) Minimum lot area for an apartment dwelling or a stacked townhouse dwelling 119.2 square metres for each dwelling unit b) Minimum lot frontage for a townhouse dwelling or an apartment dwelling or a stacked townhouse dwelling containing more than four dwelling units 19.95 metres c) Minimum front yard depth for an apartment dwelling or a stacked townhouse dwelling 4.93 metres + plus any applicable distance specified in section 4.27.1 Page 976 of 990 d) Minimum interior side yard width i. East interior side yard ii. West interior side yard 5.3 metres One-half the height of the building e) Maximum height of building or structure 11 metres, subject to section 4.7 f) Parking requirements 1.28 parking spaces per dwelling unit g) Minimum landscaped open space 36.9 square metres for each dwelling unit h) Projection of fire escape into required side yard 1.3 metres into the required easterly side yard i) Minimum driveway width 6.3 metres, that can be provided in part on the abutting property j) The balance of regulations specified for a R4 use 6. All other applicable regulations set out in By-law No. 79-200 shall continue to apply to govern the permitted uses on the Lands, with all necessary changes in detail. 7. No person shall use the Lands for a use that is not a permitted use. 8. No person shall use the Lands in a manner that is contrary to the regulations. 9. The holding (H) symbol that appears on Schedule 1 attached hereto is provided for in the City of Niagara Falls Official Plan pursuant to Section 36 of the Planning Act. No person shall use the Lands described in section 1 of this by-law and shown hatched and designated R4(H) and number 1218 on the plan Schedule 1 attached hereto for any purpose, prior to the H symbol being removed pursuant to the Planning Act. Prior to the H symbol being removed, the landowner or developer shall submit a landscape plan and a tree preservation plan and establish a shared driveway with the abutting property (6645 McLeod Road) through a consent application, to the satisfaction of the City of Niagara Falls. Page 977 of 990 10. The provisions of this by-law shall be shown on Sheet C5 of Schedule “A” of By- law No. 79-200 by redesignating the Lands from R4 to R4(H) and numbered 1218. 11. Section 19 of By-law No. 79-200 is amended by adding thereto: 19.1.1218 Refer to By-law No. 2023-100. Read a First, Second and Third time; passed, signed and sealed in open Council this 24th day of October, 2023. ....................................................................... ..................................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 978 of 990 Niagarafalls Area Affected by this Amendment Y/s \ S’r S’TT N 5T Ain3nHawkinsSt 19.9m 3 19.9m McLeod Rd 2n n.S1 Ft3 Amending Zoning By-law No.79-200 Description:PT TWP LT 172 STAMFORD AS IN R0223992;NIAGARA FALLS Applicant:Stefan Boncore Assessment:272508001009500 K:\GIS_Requests\2022\Schedule\Zbning2022.aprx AM-2022-029 9/6/2023 SCHEDULE 1 TO BY-LAW NO. 2023-100 Page 979 of 990 CITY OF NIAGARA FALLS By-law No. 2023-101 A by-law to amend By-law No. 79-200, to permit the use of the lands for a 5 storey, apartment dwelling with 50 dwelling units and repeal By-law No. 2023-077 (AM-2023- 005). THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The Lands that are the subject of and affected by the provisions of this by-law are described in Schedule 1 of this by-law and shall be referred to in this by-law as the “Lands”. Schedule 1 is a part of this by-law. 2. The purpose of this by-law is to amend the provisions of By-law No. 79-200, to permit the use of the Lands in a manner that would otherwise be prohibited by this by-law. In the case of any conflict between a specific provision of this by -law and any existing provision of By-law No. 79-200, the provisions of this by-law are to prevail. 3. Notwithstanding any provision of By-law No. 79-200 to the contrary, the following uses and regulations shall be the permitted uses and regulations governing the permitted uses on and of the Lands. 4. The permitted uses shall be the uses permitted in the R5E zone. 5. The regulations governing the permitted uses shall be: (a) Minimum front yard depth 4 metres (b) Minimum exterior side yard width 4.4 metres + 14.3 metres to the centreline of McLeod Road (c) Minimum interior side yard width to the: (i) Furthest northern lot line (ii) Nearest northern lot line 16.9 metres 10 metres (d) Minimum amenity space per dwelling unit 13.15 square metres (e) Minimum landscaped open space 22% Page 980 of 990 2 (f) Minimum width of a landscaped open space strip between parking spaces and the front lot line 1.5 metre wide without a decorative wall or decorative fence (g) Maximum height of building or structure 16 metres (h) Parking requirements 1.25 parking spaces per dwelling unit (i) Minimum maneuvering aisle dimensions for a 2.75 metre by 6 metre parking stall 6 metres (j) Projection of a balcony into a required side yard 1.2 metres (k) Projection of an unsupported canopy into any required yard 1.5 metres (l) Minimum landscaped open space strip abutting a: (i) Interior side yard lot line (ii) Front yard lot line (iii) Exterior side yard lot line (iv) Rear yard lot line 3 metres 4 metres, save and except 1.5 metres to a parking space 2.3 metres, save and except 1.4 metres abutting a maneuvering aisle 1.0 metre (m) The balance of regulations specified for a R5E use. 6. All other applicable regulations set out in By-law No. 79-200 shall continue to apply to govern the permitted uses on the Lands, with all necessary changes in detail. 7. No person shall use the Lands for a use that is not a permitted use. 8. No person shall use the Lands in a manner that is contrary to the regulations. 9. The provisions of this by-law shall be shown on Sheet D4 of Schedule “A” of By- law No. 79-200 by redesignating the Lands from I to R5E and numbered 1196. Page 981 of 990 3 10. Section 19 of By-law No. 79-200 is amended by adding thereto: 19.1.1196 Refer to By-law No. 2023-101. 11. By-law No. 2023-077 is repealed. Read a First, Second and Third time; passed, signed and sealed in open Council this 24th day of October 2023. ....................................................................... ..................................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 982 of 990 Page 983 of 990 THE CORPORATION OF THE CITY OF NIAGARA FALLS BY-LAW Number 2023 - 102 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Parking Prohibited, Prohibited Turns) --------------------------------------------------------------- The Council of the Corporation of the City of Niagara Falls hereby ENACTS as follows: 1. By-law No. 89-2000, as amended, is hereby further amended: (a) by adding to the specified columns of Schedule C thereto the following items: PARKING PROHIBITED COLUMN 1 HIGHWAY COLUMN 2 SIDE COLUMN 3 BETWEEN COLUMN 4 TIMES/DAYS Hanan Avenue Hanan Avenue West East North Street and a point 30 metres south Of North Street North Street and a point 15 metres south Of North Street At All Times At All Times (a) by adding to the specified columns of Schedule R thereto the following items: PROHIBITED TURNS COLUMN 1 HIGHWAY COLUMN 2 LOCATION COLUMN 3 DIRECTION COLUMN 4 PROHIBITED TURN COLUMN 5 TIMES/DAYS Dorchester Road Dorchester Road At Leeming Street (into Private Driveway) At Leeming Street (from Private Driveway) Southbound Westbound Left Left At All Times At All Times Page 984 of 990 This By-law shall come into force when the appropriate signs are installed. Read a first, second, third time and passed. Signed and sealed in open Council on this 24th day of October, 2023. ............................................................... ........................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 985 of 990 CITY OF NIAGARA FALLS By-law No. 2023 - 103 A by-law to amend By-law No. 2002-081, being a by-law to appoint City employees, agents and third parties for the enforcement of provincial or municipal by-laws. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1 . By-law No. 2002-081 is amended by deleting Schedule “C” and that Schedule “C” attached hereto shall be inserted in lieu thereof. Read a first, second, third time and passed. Signed and sealed in open Council on this 24TH day of October, 2023. ............................................................... ........................................................... WILLIAM MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 986 of 990 SCHEDULE “C” 1. Parking By-law Enforcement Officers: Florina Andrei Paul Brown Marianne Catherwood Amanda Diprose Stew Frerotte John Garvie Douglas Goodings Cathy Hanson Jay Modi Ashley Piercey Liam Raymond Philip Rudachuk Morgan Sereeira Thomas Tavender Page 987 of 990 CITY OF NIAGARA FALLS By-law No. 2023 – 104 A by-law to appoint an auditor. WHEREAS subsection 296(1) of the Municipal Act, 2001 provides that every municipality shall appoint an auditor licensed under the Public Accountancy Act; AND WHEREAS subsection 296(3) of the Municipal Act, 2001 provides that an auditor of the municipality shall not be appointed for a term exceeding five years; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Crawford, Smith and Swallow, Chartered Accountants, LLP, is hereby appointed auditor for the Corporation of the City Of Niagara Falls for the period up to and including December 31, 2021. Passed this 24th day of October, 2023. ........................................................ ..................................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: October 24, 2023 Second Reading: October 24, 2023 Third Reading: October 24, 2023 Page 988 of 990 CITY OF NIAGARA FALLS By-law No. 2023 – 105 A by-law to appoint an auditor. WHEREAS subsection 296(1) of the Municipal Act, 2001 provides that every municipality shall appoint an auditor licensed under the Public Accountancy Act; AND WHEREAS subsection 296(3) of the Municipal Act, 2001 provides that an auditor of the municipality shall not be appointed for a term exceeding five years; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Crawford, Smith and Swallow, Chartered Accountants, LLP, is hereby appointed auditor for the Corporation of the City Of Niagara Falls for the period up to and including December 31, 2022. Passed this 24th day of October, 2023. ........................................................ ..................................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: October 24, 2023 Second Reading: October 24, 2023 Third Reading: October 24, 2023 Page 989 of 990 CITY OF NIAGARA FALLS By-law No. 2023 – 106 A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 24th day of October, 2023. WHEREAS it is deemed desirable and expedient that the actions and proceedings of Council as herein set forth be adopted, ratified and confirmed by by-law. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The actions of the Council at its meeting held on the 24th day of October 2023 including all motions, resolutions and other actions taken by the Council at its said meeting, are hereby adopted, ratified and confirmed as if they were expressly embodied in this by-law, except where the prior approval of the Ontario Municipal Board or other authority is by law required or any action required by law to be taken by resolution. 2. Where no individual by-law has been or is passed with respect to the taking of any action authorized in or with respect to the exercise of any powers by the Council, then this by-law shall be deemed for all purposes to be the by-law required for approving, authorizing and taking of any action authorized therein or thereby, or required for the exercise of any powers thereon by the Council. 3. The Mayor and the proper officers of the Corporation of the City of Niagara Falls are hereby authorized and directed to do all things necessary to give effect to the said actions of the Council or to obtain approvals where required, and, except where otherwise provided, the Mayor and the Clerk are hereby authorized and directed to execute all documents arising therefrom and necessary on behalf of the Corporation of the City of Niagara Falls and to affix thereto the corporate seal of the Corporation of the City of Niagara Falls. Read a first, second, third time and passed. Signed and sealed in open Council this 24th day of October, 2023. .............................................................. ............................................................. BILL MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 990 of 990