Loading...
03-05-2024 Special AGENDA Special City Council Meeting 4:30 PM - Tuesday, March 5, 2024 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 2. DISCLOSURES OF PECUNIARY INTEREST Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. 3. REPORTS 3.1. PBD-2024-05 (Presentation & comments added) The new Official Plan for the City of Niagara Falls Special Meeting of Council as per Section 26(3) of the Planning Act Francesca Berardi, Planner 2, will provide an overview of Report PBD-2024-05 and will introduce the City's consultants, the Planning Partnership. Attending from the Planning Partnership:  Donna Hinde, Project Manager & Consultation Lead  Joe Nethery, Project Coordinator & Lead Planner  Ron Palmer, Senior Planning Policy Advisor (tentative) It is recommended that: 1. Council receive this report regarding the initiation of the new Official Plan for the City of Niagara Falls. 2. Input received through the Public Meeting be considered in the preparation of the new Official Plan. PBD-2024-05 - Pdf 3 - 32 Page 1 of 33 Presentation - Niagara Falls OP (Updated) Email - correspondence from Helene Cayer & Interim Control By- law - Resolution Comments from resident 4. BY-LAWS The City Clerk will advise of any additional by-laws or amendments to the by-law listed for Council consideration. 2024- 026. A by-law to adopt, ratify and confirm the actions of the City Council at its meeting held on the 5th of March, 2024. By-law 2024-026 - 03 05 24 Confirming By-law 33 5. ADJOURNMENT Page 2 of 33 PBD-2024-05 Report Report to: Mayor and Council Date: March 5, 2024 Title: The new Official Plan for the City of Niagara Falls Special Meeting of Council as per Section 26(3) of the Planning Act Recommendation(s) It is recommended that: 1. Council receive this report regarding the initiation of the new Official Plan for the City of Niagara Falls. 2. Input received through the Public Meeting be considered in the preparation of the new Official Plan. Executive Summary The City is undertaking the creation of a new Official Plan – a new roadmap to guide land use and growth for the City to the year 2051. The need for a new Official Plan is based on several factors:  The requirement of the Planning Act for the Official Plan to conform with the Region’s 2022 Official Plan;  To recognize and prepare for the Provincial growth targets for the City;  Replace the current Official Plan which is outdated;  To recognize and add new policies related to current issues such as the provision of housing, good urban design and climate change adaptation, among others. The Special Meeting of Council under Section 26(3) of the Planning Act is being held this evening to formally tadvise Council, stakeholders and the community at large of the initiation of the project and to invite input. The City has engaged The Planning Partnership to assist the City in the preparation of this new legislative document and to guide the public consultation process. The Consultant will be outlining the work plan and engagement plan through a presentation at this meeting. Background The Official Plan is a document that guides and shapes the future of a community by identifying where, and under what circumstances, specific types of land uses can be located within the City. The purpose of the Official Plan is to focus new growth in a way Page 1 of 6 Page 3 of 33 that makes efficient use of land and infrastructure, creates attractive and livable communities with a variety of housing options, and protects the City's cultural and natural heritage and agricultural lands. In November of 2022, the Province approved a new Official Plan for the Region of Niagara. Under the requirements of the Planning Act (Sections 26(1) and (2)), the City must conform with the policies of the Region’s Plan within one (1) year. Constant and ongoing changes to Provincial legislation and policies have made this standard process of conformity a challenge. The City is initiating its conformity exercise through a new Official Plan, with the flexibility to adapt to further Provincial changes that may occur during the preparation of the Plan. In addition to the requirement for conformity, the City recognizes that the current Official Plan, which was approved by the Ministry of Municipal Affairs on October 6, 1993, is now outdated and has become lengthy and cumbersome to read due to over 160 individual amendments over the years. As such, this is an ideal time to create a new Official Plan that not only aligns with current planning legislation and conforms with the new Regional Official Plan but also recognizes the current land use issues of the City and will provide a contemporary planning approach for the City moving forward over the next 20-30 years. A Special Meeting of Council is required under Section 26(3) of the Planning Act whenever there is a review and update of a City’s Official Plan, including for the purpose of conformity. It is held formally to advise Council, stakeholders and the community at large of the initiation of the project and to invite input on what should be addressed through its review. As per the requirements of the Planning Act, notice was published in the Niagara Falls Review over two weeks, with the last Notice published 30 days before the date of the Public Meeting (January 31st and February 5th). Beyond the requirements of the Act, the Notice was circulated to all agencies prescribed under the Planning Act as well as identified stakeholders, agencies, and in response to any requests on record for notification of Official Plan updates or reviews. Analysis Through the process of creating a new vision for the City of Niagara Falls, the new Official plan will:  Establish conformity with the Region’s 2022 Official Plan and the Province’s Planning Policies as required through Planning legislation;  Modernize the readability, flexibility and interpretation of Official Plan policies to reduce the need for numerous amendments;  Incorporate the policy recommendations of recent City studies, policy and master plans, including but not limited to the Housing Strategy, Employment Lands Study, Municipal Housing Target and Housing Pledge, Climate Change Adaptation Plan, Parks and Recreation Master Plan, and City Strategic Page 2 of 6 Page 4 of 33 Directions in coordination with the City’s Servicing, Transportation, Recreation and Asset Management plans.  Include innovative policy to respond to current land use trends such as placemaking, complete communities, low impact development, adaptive reuse of sites and urban design.  guide development of new growth areas through secondary plans  Set the stage for the City’s future new Comprehensive Zoning By-law. Conformity In November of 2022, the Province approved a new Official Plan for the Region of Niagara. Under the requirements of the Planning Act (Sections 26(1) and (2)), the City must conform with the policies of the Region’s Plan within one (1) year. Constant changes to Provincial legislation and policies have made the standard process of conformity a challenge. As of the date of this report, the Niagara Region remains the approval authority for the City’s new Official Plan. Provincial changes to the Planning Act under Bill 23 will shift approval authority to the Province by identifying the Niagara Region as an “upper-tier municipality without planning responsibilities” on a date that has yet to be proclaimed by the Lieutenant Governor. Until this amendment to the Act is proclaimed, the Niagara Region remains the City’s approval authority. The Current Official Plan The City’s current Official Plan was approved by the Minister of Municipal Affairs on October 6, 1993. The document is outdated and has been amended over 160 times. Official Plans are live documents, intended to be updated and modified over their projected timeline and, over time, the numerous edits to the City’s current Official Plan has resulted in a lengthy document with language conflicts and inconsistencies in mapping, varying writing styles and edits, confusing policy directions, varying policy structures across different sections, and outdated planning visions. Growth Projections The City is preparing for unprecedented growth over the next 20 to 30 years. The approved Niagara Region Official Plan (2022) implemented the Province’s population and employment projections, which will see approximately 47,250 persons and 20,320 jobs being added to the City’s existing totals by 2051. This would be 20,210 new residential units. These totals were quantified through Niagara Region’s Municipal Comprehensive Review and Land Needs Assessment exercises, in consultation with the City of Niagara Falls, and remain policy minimums with respect to targets to be achieved. Since that time, additional pressures have evolved at the Provincial level (Bills, 108, 109, 23 and 97) aimed at expediting development approval, increasing supply and density, and committing to achieving newly established benchmark minimums. In the Page 3 of 6 Page 5 of 33 case of Niagara Falls, a Housing Pledge to achieve construction of an additional 8,000 new housing units by 2031 was signed with the Province, and efforts to realize these targets remain a priority for the City. Collectively, and as a result of the more recent Provincial directives, planning to meet or exceed the forecasted growth targets is an ongoing topic for regional and local staff to address while the City’s Master Servicing Plan, Master Transportation Plan, Development Charges Study and Asset Management Plans are being prepared. It is important that the City’s new Official Plan make use of an integrated approach with these key municipal documents, and a coordinated outcome will provide flexibility for increased growth, beyond current regional forecasts, within the planning horizon of 2051.Further, should growth forecasts adopted in the Official Plan differ from the Region's current estimates, the updated growth forecasts would be reflected in the Economic Development Background Study and Infrastructure Plans. City staff, in consultation with Regional staff, have undertaken an initial analysis to identify how and where projected and additional growth can be accommodated amongst its existing greenfield, urban expansions, and intensification nodes and corridor locations. The analysis provides for the potential of an additional 15,000 units above current regional forecast to ensure the City’s growth potential can remain responsive to market demands while focusing capital investment in strategic locations and help inform the new Official Plan in its early phases of future urban structure. City Studies The City has completed a number of studies over the past several years that will provide the basis for new policies in the new Official Plan, such as the Housing Strategy (2022), the Employment Lands Strategy (2021), the Municipal Economic Development Strategy (2023) and the City’s Climate Change Adaptation Plan (2023) that is related to the resiliency of natural features, infrastructure, new construction and building design in light of our changing climate. Studies prepared by the Niagara Region in support of their 2022 Official Plan will also be used to inform the City’s policies as they relate to the natural environment, watersheds, aggregates, complete streets and archaeology. Process It is envisioned that the creation of the City’s new Official Plan will proceed over five phases: Phase 1: Project Initiation and Visioning – which includes background review and analysis Phase 2: Discussion Papers – which focus on the following themes and generally described below:  A Growing City – including growth targets for people and jobs, housing provisions for all ages and incomes, infrastructure Page 4 of 6 Page 6 of 33  An Attractive City – including good design and aesthetics, complete streets, building heights and design, parkland dedication and accessibility  A Connected and Mobile City – how and where goods and people move through our communities, alternative transportation, trails and networks, transit corridors  A Green and Resilient City – anticipating the effects of a changing climate, natural heritage protection, alternative energy, greenspace connections  An International City – including sustainable tourism, economic growth, industry and employment  A Cultural City - diversifying cultural options, indigenous consultation, archaeology, built heritage, educational and social institutions  Conformity and Implementation – flexible policies for change planning landscapes, enhanced monitoring and report, secondary plans and community benefits Phase 3: Policy Direction – presented through a policies direction document based on the work and feedback of Phase 2 Phase 4: Draft Official Plan – including the preparation and presentation of a complete draft Official Plan document with policies, mapping, etc. Phase 5: Final Official Plan – Approval process wherein the draft Official Plan is refined and finalized, the document is updated with any changes directed by Council as a result of consultation, the Plan is submitted for approval to the applicable approval authority. Public Consultation In Phases 1 through to 4, there will be engagement and opportunities for input and comments from Council, Stakeholders, the Community and our Indigenous Partners. An Engagement Summary document will be produced at the end of each phase that will be presented to Council and made available to the public. In Phase 5 a statutory public meeting will be held for the draft Official Plan that would be followed by Council Adoption of the Plan at a separate meeting (with amendments as required). The methods and tools that will be used to engage a broad spectrum of community stakeholders at each phase of the project will be outlined in a Community Engagement and Consultation Plan. It is intended that consultation will extend beyond the legislated engagement requirements of the Planning Act. A range of engagement mechanisms and events such as, but not limited to, public open houses, workshops, newsletters, surveys, notices, web materials, social media, mail/handouts, pop-up events, and creative methods of engaging the City’s special interest groups (especially our youth) is expected. Staff will ensure that the City’s social media pages and websites (Let’s Talk Niagara Falls) remain updated with the engagement materials produced. Conclusion The intent of the project is to develop an Official Plan that not only recognizes the City’s history and international importance but shapes a progressive future with new and Page 5 of 6 Page 7 of 33 updated policies for land use, environmental protection and adaptability, infrastructure needs, good urban design, connections and mobility, prosperity and culture. Financial Implications/Budget Impact There are no new financial implications arising from this report. The new Official Plan has an approved budget allotment of $625,000. Strategic/Departmental Alignment The new Official Plan will aim to implement the City’s 2023-2027 Strategic Plan through policies that align with the three Pillars of Sustainability, Customer Service and Economic Diversity and Growth through its environmental and climate, housing and affordability, and employment policies. The Plan is intended to be user friendly in both readability and online reference. Written by: Francesca Berardi, Senior Official Plan Project Manager Submitted by: Status: Andrew Bryce, Director of Planning Approved - 28 Feb 2024 Kira Dolch, General Manager, Planning, Building & Development Approved - 29 Feb 2024 Jason Burgess, CAO Approved - 29 Feb 2024 Page 6 of 6 Page 8 of 33 A New Official Plan for Niagara Falls Special Meeting of Council March 5, 2024 Page 9 of 33 Purpose of the Special Meeting • Learn about the new Official Plan for Niagara Falls and the process over the year to prepare it • Learn about what’s important to you in the Official Plan • Hear from people - how do you want to be involved in the Official Plan process?Niagara Falls New Official Plan2Page 10 of 33 What is an Official Plan?Where to loca te p arks a n d schools?Where to loc a t e housin g, s hops, workplaces? How w i l l we gro w ?What roads an d infras tr u ct ur are required?Determines how land should be used Ensures that planning and development meets the needs of the community Niagara Falls New Official Plan3Page 11 of 33 Why a New Official Plan? ✚ Need to address current issues such as affordable housing, urban design, climate change adaptation and the urban forest Must conform with the Region’s 2022 Official Plan Current Official Plan Niagara Falls New Official Plan4Page 12 of 33 Why the Official Plan is important Establish conformity with the Region’s 2022 Official Plan and the Province’s Planning Policies Modernize the readability, flexibility and interpretation of policies to reduce the need for numerous amendments Incorporate the policy recommendations of recent City studies, policy and master plans Include innovative policy to respond to current land use trends such as placemaking, complete communities, low impact development, adaptive reuse of sites and urban design Guide development of growth areas through secondary plans Set the stage for the City’s future new Comprehensive Zoning By-law ✔ ✔ ✔ ✔ ✔ ✔Niagara Falls New Official Plan5Page 13 of 33 Unprecedented Growth population grows by over 60% 20,220 new residential units by 2051 Pledge to build 8,000 new residential units by 2031 94,400 now 141,000 by 2051 Niagara Falls New Official Plan6Page 14 of 33 Building Blocks of the new Official Plan Transportation Master Plan Recreation and Culture Master Plan Woodland Management Plan Employment Strategy Site Plan Guidelines Climate Change Adaptation Strategy Economic Development Strategy Housing Policies Culture Plan Master Servicing Plan Niagara Falls New Official Plan7Page 15 of 33 Process Phase 1 Project Initiation and Visioning Phase 2 Background Research and Discussion Papers Phase 3 Policy Direction Phase 4 Draft Official Plan Phase 5 Approval February 2024 December 2024 Niagara Falls New Official Plan8Page 16 of 33 Project Initiation and Visioning 1PHASE Finalize the Work Plan Background Research and Discussion Papers 2 APRIL PHASE TasksMeetingsConfirmation of the Community Engagement and Consultation Program Launch of the Project webpage (Let’s Talk Niagara Falls) Background Review and Analysis Engagement on Visioning Special Meeting of Council 7+Open Houses on Discussion Papers Focus Groups Online Survey Prepare Guiding Discussion Papers Technical Advisory Committee Engagement Summary document for Phase 2 Present to Council MAY First Nations FEBRUARY MARCH Engagement on Background and Discussion Papers Council Visioning Sessions Focus Groups First Nations Online SurveyConsultation New Official Plan - City of Niagara Falls iNiagara Falls New Official Plan9Page 17 of 33 Project Initiation and Visioning 1PHASE Finalize the Work Plan Background Research and Discussion Papers 2 APRIL PHASE TasksMeetingsConfirmation of the Community Engagement and Consultation Program Launch of the Project webpage (Let’s Talk Niagara Falls) Background Review and Analysis Engagement on Visioning Special Meeting of Council 7+Open Houses on Discussion Papers Focus Groups Online Survey Prepare Guiding Discussion Papers Technical Advisory Committee Engagement Summary document for Phase 2 Present to Council MAY First Nations FEBRUARY MARCH Engagement on Background and Discussion Papers Council Visioning Sessions Focus GroupsFirst Nations Online SurveyConsultation New Official Plan - City of Niagara Falls iNiagara Falls New Official Plan10Page 18 of 33 Policy Direction3 MAY PHASE Draft Official Plan4PHASE SEPTEMBER Prepare Policy Directions Document based on work and feedback of Phase 2 TasksEngagement Summary Phase 3 Submit alternate formats for document SEPTEMBER NOVEMBER Prepare and present complete draft Official Plan document with policies, mapping etc. Stakeholder, Partner and Community Engagement Activities Council Workshops (4 Sessions) Update Official Plan Statutory Public Meeting Feedback review and amendments to Official Plan Stakeholder, Partner and Community Engagement Activities Engagement Summary Phase 4 MeetingsPresent to Council Statutory Public Meeting ConsultationApproval Process5PHASE DECEMBER Refine and finalize draft Official Plan, based on consultation and Council direction Inform stakeholders, partners and agencies Update with amendments subject to decision of Council Submit for approval and present to the applicable approval authority Submit final Official Plan to Council for adoption Public Open House Focus Groups Online Survey Technical Advisory Committee First Nations Public Open House Focus Groups Online SurveyTechnical Advisory Committee First Nations New Official Plan - City of Niagara Falls iiNiagara Falls New Official Plan11Page 19 of 33 Policy Direction3 MAY PHASE Draft Official Plan4PHASE SEPTEMBER Prepare Policy Directions Document based on work and feedback of Phase 2 TasksEngagement Summary Phase 3 Submit alternate formats for document SEPTEMBER NOVEMBER Prepare and present complete draft Official Plan document with policies, mapping etc. Stakeholder, Partner and Community Engagement Activities Council Workshops (4 Sessions) Update Official Plan Statutory Public Meeting Feedback review and amendments to Official Plan Stakeholder, Partner and Community Engagement Activities Engagement Summary Phase 4 MeetingsPresent to Council Statutory Public Meeting ConsultationApproval Process5PHASE DECEMBER Refine and finalize draft Official Plan, based on consultation and Council direction Inform stakeholders, partners and agencies Update with amendments subject to decision of Council Submit for approval and present to the applicable approval authority Submit final Official Plan to Council for adoption Public Open House Focus Groups Online Survey Technical Advisory CommitteeFirst Nations Public Open House Focus Groups Online SurveyTechnical Advisory Committee First Nations New Official Plan - City of Niagara Falls ii Niagara Falls New Official Plan12Page 20 of 33 Public Engagement Many ways to share input Public Workshops and Open Houses Public Information Sessions Small Group Discussions Online Surveys Statutory Public Meeting Agency/City Staff Advisory Committee Meetings Conversations with First Nations Council Workshops School Visits One-on-one conversations Pop ups/Roving Displays Niagara Falls New Official Plan13Page 21 of 33 Talk to People Early & Often 6 let’s talk niagara falls Married Lone parent families Common law who we engage The City of Niagara Falls wants to communicate with and engage all of our diverse stakeholders. This includes any person, group, or organization that has an interest or concern in, or may be directly affected by, the City’s actions, objectives and policies. POPULATION 88,071 HOUSEHOLDS 33,380 PERSONS PER SQUARE KM 395.8 FAMILIES TYPES IN NIAGARA FALLS LANGUAGE SPOKEN •English: 64,750 •Italian: 4,425 •French: 1,805 •Serbian: 1,155 •Spanish: 865 •German: 760 •Polish: 695 HOUSEHOLD TYPES IN NIAGARA FALLS One-family households without children One-person households One-family households with children Lone parent families Other 29.8%27.3%24.4%13.4%5% AGE GROUPS •0 to 14: 12,930 •15 to 19: 5,405 •20 to 39: 19,445 •40 to 64: 30,355 •65+: 14,875 MEDIAN AGE 43 68% 12%20% 6 let’s talk niagara falls Married Lone parent families Common law who we engage The City of Niagara Falls wants to communicate with and engage all of our diverse stakeholders. This includes any person, group, or organization that has an interest or concern in, or may be directly affected by, the City’s actions, objectives and policies. POPULATION 88,071 HOUSEHOLDS 33,380 PERSONS PER SQUARE KM 395.8 FAMILIES TYPES IN NIAGARA FALLS LANGUAGE SPOKEN •English: 64,750 •Italian: 4,425 •French: 1,805 •Serbian: 1,155 •Spanish: 865 •German: 760 •Polish: 695 HOUSEHOLD TYPES IN NIAGARA FALLS One-family households without children One-person households One-family households with children Lone parent families Other 29.8%27.3%24.4%13.4%5% AGE GROUPS •0 to 14: 12,930 •15 to 19: 5,405 •20 to 39: 19,445 •40 to 64: 30,355 •65+: 14,875 MEDIAN AGE 43 68% 12%20% Profile of the current population of Niagara Falls Niagara Falls New Official Plan14Page 22 of 33 Talk to People Early & Often ✔Youth, seniors, young families, specific cultural/ethnic groups ✔Residents in neighbourhoods across the City ✔Business owners and employers ✔Indigenous communities and service providers ✔First Nations ✔Mayor and councillors ✔City staff and approving agencies Talk to everyone in every phase from now until December 2024 Niagara Falls New Official Plan15Page 23 of 33 Discussion Papers key topics / graphic lockups City of Niagara Falls | Ocial Plan Identity Development key topics / graphic lockups City of Niagara Falls | Ocial Plan Identity Development Prepare Discussion Papers as a point of departure for conversations about new opportunities, design strategies and policy direction.Niagara Falls New Official Plan16Page 24 of 33 The Official Plan “sets the stage” Niagara Falls Official Plan Secondary Plans Zoning By-law Design Guidelines Development Applications Building Permits & Construction Niagara Falls New Official Plan17Page 25 of 33 Visioning Let’s imagine the City in 2051...... How do people move around the City? How do we protect agriculture? Where and how do we provide affordable housing? How do we protect natural heritage? How do we adapt to a changing climate? Where do people live, work, go to school and play? How do we sustain tourism? What does the city look like, what do our neighbourhoods look like? How do we make sure heritage and cultural resources are protected? Where are the city’s green space and parks?Niagara Falls New Official Plan18Page 26 of 33 Talk to us We’ve just started and are in the first phase of the project. Check out Let’s Talk Niagara Falls (letstalk.niagarafalls.ca) Click the Official Plan project page Add your name to make sure you’re kept up to date on where and how to share your thoughts Talk to us at our engagement activities planned over the coming months ✔ ✔ ✔ ✔Niagara Falls New Official Plan19Page 27 of 33 1 Heather Ruzylo To:Bill Matson Subject:RE: [EXTERNAL]-Niagara Falls Official Plan Meeting, March 5th, 2024 From: gh cayer < Sent: Saturday, March 2, 2024 1:31 PM To: Bill Matson <billmatson@niagarafalls.ca>; Francesca Berardi <fberardi@niagarafalls.ca> Subject: [EXTERNAL]-Niagara Falls Official Plan Meeting, March 5th, 2024 Hello ! At the Meeting on March 5th, 2024, I plan on submitting a Resolution for an ICBL (Interim Control Bylaw attached). 1. This Resolution is specifically intended to 'put a temporary freeze on land uses while the municipality is studying - reviewing policies' ; 2. the freeze can only be imposed for one year; 3. there is no ability to appeal an interim control by law when it is first passed ; however, an extension to a bylaw may be appealed. This Interim Control Bylaw only requires a vote by Council (text in this colour is precisely as it appears in the Govt. of Ontario Zoning bylaw document : Other Types of bylaws 12 and is consistent with Section 38 of the Planning Act of Ontario R.S.O. 1990, c.P.13). It is temporary and will allow the City of Niagara Falls & its consultants the time required to conduct comprehensive studies of relevant policies in the Official Plan, with the aim of making any necessary policy improvements that will conform with D-6 Compatibility between Industrial Facilities to protect the public and the residents of Niagara Falls. Respectfully submitted, Helene Cayer 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 28 of 33 INTERIM CONTROL BYLAW - RESOLUTION An Interim Control Bylaw to control the use of land, buildings, or structures for the purpose of new Gravel Pits or Quarries on those lands within the Area under Zoning Bylaw , as amended, within the City of Niagara Falls . WHEREAS Section 38 of the Planning Act, R.S.O. 1990, c.P.13, as amended, authorizes the Council of a municipality to pass an Interim Control Bylaw, that may be in effect for up to one year, prohibiting the use of land, buildings or structures within the municipality or within the defined area thereof for such purposes as set out in the Bylaw, where the Council of the municipality has directed that a review, or study, be undertaken with respect to land use planning policies that apply to the subject area; AND WHEREAS the Council of The Corporation of the City of Niagara Falls has passed a resolution directing that a land use study be undertaken to review the findings and recommendations of D-6 Compatibility between Industrial Facilities | ontario.ca , the Aggregate Policy Review as well as Rehabilitation Master Plan, and determine how to address those findings and recommendations in the Official Plan and Zoning Bylaw , as amended; AND WHEREAS the Council of The Corporation of the City of Niagara Falls seeks to control the establishment of new gravel pits and quarries until the Supplementary Aggregate Resources Policy Study is completed; NOW THEREFORE the Council of The Corporation of the City of Niagara Falls ENACTS AS FOLLOWS: General 1.The lands affected by this Interim Control Bylaw are all those lands within the Mineral Aggregate Resource Area as identified on Schedule of the City's Official Plan, excluding those properties zoned (Extractive Industrial) under Zoning Bylaw , as amended, as shown on Schedule attached hereto (the "Study Area"). 2.Notwithstanding any other bylaw to the contrary, no person shall, for the lands identified on Schedule attached hereto: i.Use any land, building or structure for a Gravel Pit or a Quarry. 3.For the purposes of this Bylaw the following definitions from Zoning Bylaw , as amended apply: i.Quarry means an open excavation made for the removal of any limestone, sandstone, shale or consolidated rock or mineral to supply such material for construction, industrial or manufacturing purposes. This definition shall not include: a) any excavation incidental to the construction of a building or structure for which a Building Permit has been issued; or b) any excavation incidental to any public works; or c) any asphalt plant, cement manufacturing plant or concrete batching plant. ii. Gravel Pit means any open excavation made for the removal of any soil, earth, clay, marl, sand, gravel or unconsolidated rock or mineral to supply such material for construction, industrial or manufacturing purposes. This definition shall not include: a) any excavation incidental to the construction of a building or structure for which a building permit has been issued; or b) any asphalt plant, cement manufacturing plant or concrete batching plant. 4. This Bylaw shall come into full force and effect immediately upon the passing thereof and shall be in effect for a period of one year from the date of passing of this Bylaw, or unless this Bylaw is otherwise extended in accordance with the provision of the Planning Act, R.S.O., 1990, c.P.13, as amended, or repealed by Council at an earlier date. Enacted by the City of Niagara Falls Council this day of , . Page 29 of 33 1 The Niagara Falls Opposition Shadow Cabinet "The Official Opposition to the City of Niagara Falls Council" “People shouldn’t be afraid of their government. Governments should be afraid of their people.” Lady Justice Do not redact the contents of this document This document can be freely distributed Comments #03-03-2024-04 Monday, March 04, 2024 PBD-2024-05 The new Official Plan for the City of Niagara Falls Special Meeting of Council as per Section 26(3) of the Planning Act Dear Council and residents of Niagara Falls, First and foremost, clarify if the Official Plan can be appealed? I am under the impression when a new Official Plan is created as opposed to an amendment there is no appeal options for two years. I request that the Official Plan provide for dwelling units to be permitted on the ground floor of all CB commercial zones regardless of any other requirements such as building height or frontage. For forty years or so the Downtown core has failed to realize its potential, enough is enough, decide that the old plan is not working and designate the primary purpose of the downtown core to residential uses with commercial secondary. Recent Committee of Adjustments decisions have allowed dwelling units on the ground floor on Queen St., and if I recall the MZO allowed it for the areas around the transit station. The process has already started. It was not fair that the CB Zoning Amendment did not provide this for all properties regardless of building heights. Furthermore, City Hall needs to leave the downtown core, it is an anchor holding back the development of the surrounding area. This city has some sort of sentimental attachment that City Hall has to be downtown. Do what Thorold did and move to a more central location. Page 30 of 33 2 You missed your opportunity to purchase the hatch building some time ago and provide our city with a modern City Hall, now we have one that leaks water into chambers and cannot accommodate its own staff. All the banks have left downtown, time for City Hall to take their queue and leave also. I request that a provision in the Official Plan provide for City Hall to relocates to a more central location. Considering the Hospital build will draw more resources to the other corner of the city, it would be best for all residence, here and there if you just left the core area, because it is no longer the core area. Don't go away mad, just go away. Please, if that helps. The children of the downtown core (new construction) need the parents (old establishments) to leave so they can prosper and grow on their own, such is life. I request to be notified of all matters concerning this process. More to follow. Page 31 of 33 3 Joedy Burdett President of the Niagara Falls Opposition Shadow Cabinet Former 2022 Candidate for The Niagara Falls City Council Representing nearly 10% of the voters 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 Opposition Shadow Cabinet Mandate Just as His Majesty’s Loyal Opposition is viewed as the caucus tasked with keeping the Federal Government in check, it is the mandate of The Niagara Falls Opposition Shadow Cabinet, as the Official Opposition to The City of Niagara Falls to hold the Niagara Falls City Council accountable for their actions or intentions, realized or inferred. Guiding Principals “An opposition party is a political party that does not win enough seats in a general election to form a government. The elected members of that party instead serve in the legislature as the opposition. An opposition party criticizes and challenges the governing party, with the goal of improving legislation and forming the government in the next election. The opposition party with the most seats is called the Official Opposition or His Majesty’s Loyal Opposition. This title emphasizes that the party remains loyal to the Crown even as they oppose the governing party.” The Niagara Falls Opposition Shadow Cabinet is neither funded nor 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 32 of 33 CITY OF NIAGARA FALLS By-law No. 2024 - 026 A by-law to adopt, ratify and confirm the actions of the City Council at its meeting held on the 5th of March, 2024. 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 5th day of March 2024 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 5th day of March, 2024. .............................................................. ............................................................. BILL MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 33 of 33