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06-18-2024 AGENDA City Council Meeting 4:00 PM -Tuesday, June 18, 2024 Council Chambers/Zoom App. Page 1. CALL TO ORDER O Canada: Julianna Cicchino (singing live in Chambers) Land Acknowledgement and Traditional Indigenous Meeting Opening 2. ADOPTION OF MINUTES 2.1. Council Minutes of May 28, 2024 City Council - 28 May 2024 - Minutes - Pdf 11 - 33 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. DEPUTATIONS / PRESENTATIONS / APPOINTMENTS All speakers are reminded that they have a maximum of 5 minutes to make their presentation. 5.1. Mayor's Youth Advisory Committee (MYAC) Year-End Deputation (Presentation added) The Mayor's Youth Advisory Committee (MYAC) will provide Council with a presentation to include the following:  Scholarship presentation - Nathan Smith, Community Development Coordinator, will recognize Joy Ge from Westlane Secondary School, as the scholarship recipient.  Annual Year-End Deputation - MYAC Co-Chairs, Pranshu Patel and Shreedev Patel, to review MYAC's 2023-2024 school year. Memo 2024 MYAC Scholarship Recipients Presentation - MYAC 2023_2024 Council Deputation 34 - 60 5.2. Niagara Falls Canada Hotel Association (NFCHA) Page 1 of 500 (POSTPONED) Doug Birrell, Executive Director of the Niagara Falls Canada Hotel Association (NFCHA), is requesting to address Council regarding an overview of the NFCHA, including the association's mandate and ongoing initiatives. 5.3. PBD-2024-23 (Presentation added) Our Niagara Falls Plan - progress update on the new Official Plan Presentation - The Planning Partnership (Presentation forthcoming) Mr. Joe Nethery (Nethery Planning, working with the Planning Partnership), will provide Council with a brief presentation. Donna Hinde, from the Planning Partnership, will be available virtually to provide additional information if necessary. PBD-2024-23 - Pdf Presentation - Niagara Falls OP Council 61 - 147 6. IN CAMERA SESSION OF COUNCIL 6.1. In-Camera Resolution (added) June 18, 2024 - Resolution to go In-Camera 148 7. PLANNING MATTERS 7.1. PBD-2024-024 - PUBLIC MEETING (Presentations added and comments added) AM-2022-021 – Official Plan & Zoning By-law Amendment Part Lot 175 Portage Road (PID 4866); North of Marineland Parkway Proposal: 812-unit apartment dwelling consisting of two towers with building heights of 29 storeys and 38 storeys. Applicant: Rundanco Inc. Agent: Bousfields Inc. (Cale Vanderveen / Caitlin Allan) Mackenzie Ceci, Senior Planner Current Development, will provide an overview of Report PBD-2024-024. PBD-2024-024 - Pdf Staff Presentation - AM-2022-021 Presentation (Applicant) - AM-2022-021 149 - 221 Page 2 of 500 Comments from resident(Redacted) 7.2. PBD-2024-25 - PUBLIC MEETING (Presentation added and comments added) AM-2023-036 – Combined Official Plan and Zoning By-law Amendment for Lands West of Allendale Avenue, South of Main Street (PIDs 13671, 4689, 4970, 4971, 4969 and Part 137498) Proposal: To redesignate and rezone the property to facilitate the development of a 20-storey building containing 193 dwelling units. Applicant: Zeljko Holdings Limited (Jeremia Rudan) Agent: Bousfields Inc. (Caitlin Allen) Matt Kernahan, Development Consultant, will provide an overview of Report PBD-2024-025. PBD-2024-25 - Pdf Presentation - Main-Murray (Staff) - Council Presentation (Applicant) - 20363_CCM_JUN_14_2024[73] Comments from Residents redacted 222 - 270 8. REPORTS 8.1. BDD-2024-03 (moved report to be #8.1) Municipal Accommodation Tax BDD-2024-03 - Pdf 271 - 285 8.2. F-2024-24 Community Improvement Program and Industrial Development Charge Exemption Incentives F-2024-24 Community Improvement Program and Industrial Development Charge Exemption Incentives - Pdf 286 - 301 8.3. F-2024-25 White Drain Petition and Municipal Drain Analysis F-2024-25 White Drain Petition and Municipal Drain Analysis - Pdf 302 - 309 8.4. L-2024-11 (Report updated) 2024-2025 Insurance Program Renewal 310 - 313 Page 3 of 500 L-2024-11 - Pdf 8.5. PBD-2024-22 Council Education Session on City's Housing Strategy PBD-2024-22 - Pdf 314 - 338 8.6. R&C-2024-09 Gale Centre Junior Club Agreement Report R&C-2024-09 - Pdf Attachment 3 - Wayne Gates Support Letter Attachment 1 - Municipal Support of OJHL Teams, updated June 2024 Attachment 2 - Municipal Support of PJHL Teams, updated June 2024 339 - 352 8.7. R&C-2024-10 Addendum to the Domed Columbaria Capital Budget Project – Building out Maple Grove Columbarium Garden in 2024 R&C-2024-10 - Pdf 353 - 358 9. CONSENT AGENDA The consent agenda is a set of reports that could be approved in one motion of council. The approval endorses all of the recommendations contained in each of the reports within the set. The single motion will save time. Prior to the motion being taken, a councillor may request that one or more of the reports be moved out of the consent agenda to be considered separately. 9.1. F-2024-22 2023 Development Charges Treasurer's Statement F-2024-22 - 2023 Development Charges Treasurer's Statement - Pdf 359 - 363 9.2. F-2024-23 Cancellation, Reduction or Refund of Taxes Under Section 364 - 366 Page 4 of 500 357 and 358 of The Municipal Act, 2001 Damian Bernacik, lawyer acting on behalf of owners of 3846 Portage Road, is requesting to speak before Council on this matter. F-2024-23 Cancellation, Reduction or Refund of Taxes Under Section 357 and 358 of The Municipal Act, 2001 - Pdf 9.3. MW-2024-28 Parking Services - Request for 2024 Capital Budget Amendment MW-2024-28 - Pdf 367 - 369 10. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK The Communications section of the agenda is a set of items listed as correspondence to Council that could be approved in one motion of Council. If Staff feel that more than one recommendation is required, the listed communications items will be grouped accordingly. The single motion per recommendation, if required, will save time. Prior to any motion being taken, a Councillor may request that one or more of the items be lifted for discussion and considered separately. RECOMMENDATION: THAT Council approve/support Item #10.1 through to and including Item #10.5. 10.1. Flag-Raising Request - Nikola Tesla Day - Tesla Fest 2024 The Nikola Tesla Festival organizer is requesting Niagara Falls' Council's approval for a flag-raising on Wednesday, July 10, 2024 in front of City Hall in honour of Nikola Tesla Day and Tesla Fest 2024. Recommendation: For the Approval of Council. Flag-Raising Request - Nikola Tesla Day - Tesla Fest 2024 370 10.2. Proclamation Request - Arthritis Awareness Month The Arthritis Society Canada is requesting a proclamation to declare September 2024 as "Arthritis Awareness Month." Recommendation: For the Approval of Council. 371 Page 5 of 500 Proclamation request - Niagara Falls - Arthritis Awareness Month 10.3. Proclamation Request - World Hepatitis Day Attached is a request for Council to proclaim Sunday, July 28, 2024 as "World Hepatitis Day" in Niagara Falls. Recommendation: For the Approval of Council. Proclamation request - World Hepatitis Day WHD 2024 Proclamation - Niagara Falls 372 - 374 10.4. Proclamation Request - International Trigeminal Neuralgia Awareness Day The Facial Pain Research Foundation along with the Canadian Trigeminal Neuralgia Association (Niagara) is requesting Council to proclaim Monday, October 7, 2024 at "International Trigeminal Neuralgia Awareness Day. Recommendation: For the Approval of Council. Proclamation Request -International Trigeminal Neuralgia Awareness Day 375 - 378 10.5. Resolution - Town of Fort Erie - Continuation of Urgent Care Centre Operation in Fort Erie (& Port Colborne) Attached is a resolution passed by the Municipal Council of the Town of Fort Erie at its meeting of May 27, 2024. Recommendation: THAT Council SUPPORT the resolution passed by the Town of Fort Erie. Resolution - Town of Fort Erie - Minister Jones - Continuation of Urgent Care Centre 379 - 380 11. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK RECOMMENDATION: THAT Council receive for information Item #11.1 through to and including Item #11.3. 11.1. Resolutions - Niagara Peninsula Conservation Authority Attached are two resolutions from the Niagara Peninsula Conservation Authority (NPCA) pertaining to Board direction. Recommendation: THAT Council RECEIVE for information. 381 - 410 Page 6 of 500 Resolution - NPCA - FA-61-2024 Correspondence Resolution FA-65-2024 Correspondence 11.2. Niagara Region Correspondence (#4 added) Attached is correspondence sent from the Niagara Region regarding the following: 1. Niagara Region Motion Reaffirming Niagara Region's Commitment to the Expansion of All-day, Two-way Go Train Service 2. Niagara Region Report PDS 18-2024 Staff Comments on Proposed Provincial Planning Statement (2024) 3. Niagara Region Report PDS 16-2024 2023 Reserve Water and Wastewater Treatment Capacities 4. Niagara Region Report PDS 13-2024 Niagara Employment Inventory Results Recommendation: THAT Council RECEIVE for information. CLK-C 2024-060 Motion - GO Train Service Expansion CLK-C 2024-059 PDS 18-2024 - Staff Comments on Proposed Provincial Planning Statement (2024) CLK-C 2024-058 PDS 16-2024 2023 Reserve Water and Wastewater Treatment Capacities CLK-C 2024-045 PDS 13-2024 Niagara Employment Inventory Results 411 - 473 11.3. Resolution - Township of Larder Lake - Asset Retirement Obligation At the Township of Larder Lake Regular Council Meeting held Tuesday, June 11th, 2024, the attached resolution of support was adopted: Motion to support the Township of Harleys resolution regarding Asset Retirement Obligation PS 3280. Recommendation: THAT Council RECEIVE for information. Township of Larder Lake Council Resolution - Asset Retirement Obligation PS 3280 474 - 475 12. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 12.1. Lundy's Lane BIA - 2024 Budget Attached is the Lundy's Lane BIA 2024 budget. 476 - 477 Page 7 of 500 Recommendation: THAT Council APPROVE the 2024 budget for the Lundy's Lane BIA. 2024 LLBIA Budget - Approved by LLBIA June 6, 2024 12.2. Xscape Colour Festival Food Truck Request (ADDED) Attached is a letter from Lynne McIntee, Host of Programs and Director of Development, Festivals & Special Events with Youth for Change Inc. requesting that food trucks be permitted at the Gale Centre on Saturday July 27, 2024 for the Xscape Colour Festival. Recommendation: That Council APPROVE the one day request for a food truck to be located on City property (Gale Centre) for the Xscape Colour Festival taking place on Saturday July 27, 2024. Letter - Request for food trucks at the Xscape Colour Festival YFC 478 12.3. Appointments to Accessibility Advisory Committee Results of the citizen appointments to the Accessibility Advisory Committee will be read aloud by the City Clerk, Bill Matson. 13. RATIFICATION OF IN-CAMERA 14. NOTICE OF MOTION/NEW BUSINESS Except as otherwise provided in the Procedural By-law, all Notices of Motion shall be presented, in writing, at a Meeting of Council, but shall not be debated until the next regular Meeting of Council. A Motion may be introduced without notice, if Council, without debate, dispenses with the requirement for notice on the affirmative vote of two- thirds of the Members present. 15. MOTIONS 15.1. City of Niagara Fall - Residential Parking Pass At the Council meeting of May 28, 2024, Mayor Jim Diodati brought forth the following motion: Motion: As an addendum to the motion regarding the Parking Optimization Study, request that staff come back with a report outlining the “Residential Convenience Pass,” providing an opportunity for residents to park on-street on municipal streets Page 8 of 500 and roads for up to 3-hours at a time, for an annual rate of $35 + HST. It could be modeled similarly to the Niagara Parks Commission Annual Pass and be used by up to 2 cars per household for non-commercial use. 15.2. Provincial Cemetery Management Support Request At the Council meeting of May 28, 2024, Councillor Lori Lococo brought forth the attached motion pertaining to cemetery management. Notice of Motion - Cemetery Management 479 - 480 16. BY-LAWS The City Clerk will advise of any additional by-laws or amendments to the by-law listed for Council consideration. 2024- 059. A by-law to provide for the adoption of Amendment No. 167 to the City of Niagara Falls Official Plan (AM-2023-034). By-law No. 2024-059 - AM-2023-034 - 7301 Lundy's Lane - OPA 481 - 484 2024- 060. A by-law to amend By-law No. 79-200 to permit the use of the lands for 60 stacked townhouse dwelling units and a mixed-used building with 4 ground floor commercial units fronting onto Lundy’s Lane and 8 dwelling units above the ground floor, subject to the removal of a Holding (H) symbol and a 3-year sunset clause (AM-2023-034). By-law No. 2024-060 - AM-2023-034 - 7301 Lundy's Lane - ZBA 485 - 488 2024- 061. A by-law to provide for the adoption of Amendment No. 166 to the City of Niagara Falls Official Plan (AM-2022-024). By-law No. 2024-061 - AM-2022-024 - Oakwood Drive - OPA 489 - 492 2024- 062. A by-law to amend By-law No. 79-200, to permit the use of the lands for 255 townhouse dwellings and up to 46 Additional Dwelling Units (ADUs), establish two outdoor amenity areas, and repeal By-law No. 2008-108, subject to the removal of a Holding (H) symbol and a 3-year sunset clause (AM-2022-024). By-law No. 2024-062 - AM-2022-024 - Oakwood Drive - ZBA 493 - 497 2024- A by-law to declare Part Lot 7, Block “GG”, Plan 999 & 1000, 498 Page 9 of 500 063. Part Township Lot 93, being Part 1, 59R-17565, in the City of Niagara Falls, in the Regional Municipality of Niagara, as surplus. By-law No. 2024-063 - Declare Surplus 2024- 064. A by-law to permanently close part of a highway (updated) By-law No. 2024-064 - By-law - Permanently Close Part of Road Allowance 2 499 2024- 065. A by-law to adopt, ratify and confirm the actions of the City Council at its meeting held on the 18th day of June, 2024. By-law 2024-065 - 06 18 24 Confirming By-law 500 17. ADJOURNMENT Page 10 of 500 MINUTES City Council Meeting 4:00 PM - Tuesday, May 28th, 2024 Council Chambers/Zoom App. The City Council Meeting of the City of Niagara Falls was called to order on Tuesday, May 28, 2024, at 4:05 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 Wayne Thomson (attended in Chambers) Councillor Wayne Campbell and Councillor Mike Strange attended meeting via Zoom. STAFF PRESENT: Jason Burgess, Bill Matson, Erik Nickel, Tiffany Clark, Scott Lawson, Nidhi Punyarthi, Kathy Moldenhauer, Kira Dolch, Shelley Darlington, Signe Hanson, Serge Felicetti, Margaret Corbett, Heather Ruzylo, James Dowling (arrived at 8:01 PM). Trent Dark (attended via Zoom) 1. CALL TO ORDER The Council Meeting was called to order at 4:05 PM. 2. ADOPTION OF MINUTES 2.1. Council Minutes of April 30, 2024 Moved by Councillor Victor Pietrangelo Seconded by Councillor Tony Baldinelli THAT Council APPROVE the minutes of the April 30, 2024 meeting as presented. Carried Unanimously (Councillor Campbell and Councillor Strange were absent). 3. DISCLOSURES OF PECUNIARY INTEREST None to report. 4. MAYOR'S REPORTS, ANNOUNCEMENTS a) Mayor Diodati extended condolences to the following:  William Moyer, father of Vince Myer of Fire Services.  Christopher Klauck, stepson of Mark Dunseith of Fire Services.  Deborah Ioannoni, wife of Carm Ioannoni of Human Resources.  Trudy Fansolato, mother of Wayne Fansolato, who retired from Fire Services. Page 1 of 23 Page 11 of 500 b) Mayor Diodati mentioned the following City events: International Law Enforcement Tug-of-War International Cricket Council T20 World Cup Trophy Tour  Also attended by Councillor Patel Mass Niagara Jersey Unveiling  Also attended by Councillor Patel My Mulan Media Event  Also attended by Councillor Patel and Baldinelli Asahi Kasei Site Location Announcement Fiji Delegation [photo] Citizenship Ceremony [photo] Opening of the Niagara Falls Farmer’s Market at the Exchange  Also attended by Councillors Thomson, Patel, 25th Anniversary of Father Gerard’s Ordination Groundbreaking on new Catholic Elementary School Municipal Works BBQ – National Public Works Week  Honouring all of our public works employees (May19-25) Councillor Representation Councillor Patel  Grand Opening Chrispy African Market  Family and Children’s Services Lemon Twist Event Councillor Lococo  Niagara’s Accessibility Advisory Committee Spring Workshop  Vyshyvanka Day Councillor Strange  Signature Living wishes granted for residents  On the Road 4 Mental Health Walk Kickoff Councillor Pietrangelo  (attended with Councillor Strange) On the Road 4 Mental Health Walk Kickoff Business Happenings (photos shown for each) Page 2 of 23 Page 12 of 500  Essa’s Barber Shop Grand Opening  Niagara Pre-Owned Grand Opening  Icon Autographs Grand Opening  JULE Level 3 Chargers Grand Opening  Grand Re-Opening of Domino’s  Sun-Cor Unlimited Grand Opening Flag Raisings [photos for each]  Polish Constitution Day  Children’s Mental Health Awareness Week  Haitian Day c) The next Council meeting is scheduled for Tuesday, June 18, 2024. 5. DEPUTATIONS / PRESENTATIONS 5.1. Music City Presentation Shain Shapiro, CEO of Sound Diplomacy, delivered a presentation to Council. In December 2022, the City of Niagara Falls began work with Sound Diplomacy to develop a Music City Strategy, made possible by a funding contribution from the Federal Economic Development Agency for Southern Ontario (Feddev). The Music City Strategy is an effort to diversify Nagara Falls’ booming tourism sector, develop the local music ecosystem, and build Niagara Falls’ identity as the entertainment capital of Canada. 5.2. BDD-2024-02 Niagara Falls Music City Strategy Moved by Councillor Victor Pietrangelo Seconded by Councillor Mona Patel THAT Council APPROVE the Niagara Falls Music City Strategy and that Staff be directed to report back semi-annually to review the Music City Strategy. Carried Unanimously (Councillor Campbell and Councillor Strange were absent from the vote). 5.3. Civic Recognition - Saint Paul Catholic High School Cheerleading Team The Saint Paul Varsity Cheerleading Team has had a successful season with a back to back win at the OFSAA South Regional Championships. Sheila DeLuca and Natasha Fortuna, coaches of the team, recognized the efforts and accomplishments of the cheerleading team. 5.4. Niagara Falls Recreation Committee The Recreation Committee is hosting a Golf Tournament on Saturday, June 22, 2024 and delivered a brief presentation before Council. The Golf Tournament is a fundraiser for the City's Activity Subsidy Fund, which provides financial assistance to individuals requiring community recreation activities. Registration for the tournament is now open and limited sponsorship Page 3 of 23 Page 13 of 500 opportunities are available. Sheila DeLuca and Terry Thomson, from the Recreation Committee provided a brief presentation. Moved by Councillor Tony Baldinelli Seconded by Councillor Wayne Thomson THAT Council RECEIVE the presentation made by Sheila DeLuca and Terry Thomson from the Recreation Committee and to PROMOTE the Golf Tournament to be held on Saturday, June 22, 2024 through the City's social media channels. Carried Unanimously (Councillor Campbell and Councillor Strange were absent from the vote). 5.5. Allister Young Arts & Culture Endowment Fund 2024 Recipient Council acknowledged Lindsay-Ann Chilcott as the 2024 Allister Young Arts & Culture Endowment Fund recipient. Clark Bernat, Senior Manager of Culture, presented Lindsay with the award. The Allister Young Arts & Culture Endowment Fund is awarded annually to one Niagara Falls resident active in any creative arts field. 5.6. R&C-2024-07 Allister Young Arts & Culture Endowment Fund 2024 Recipient Councillor Mike Strange joined the meeting via Zoom at 5:28 PM. 5.7. Final Asset Management Plan - Non-Core Assets Elaine Chang from SLBC Inc., joined Municipal Works staff and delivered a presentation to Council. Council approved the 2024 Asset Management Plan for Non-Core Assets, which describes the actions required to manage the City’s non-core infrastructure assets to meet service levels while managing risks and costs. The plan was developed based on feedback from the review of the draft AM Plan and a more in-depth lifecycle and financial analysis. 5.8. MW-2024-26 Final Asset Management Plan - Non-Core Assets Moved by Councillor Victor Pietrangelo Seconded by Councillor Ruth-Ann Nieuwesteeg 1. That Council APPROVE the City's Asset Management Plan for Non- Core Assets prepared in accordance with Ontario Regulation 588/17; 2. That Council DIRECT Staff to make the Plan publicly available on the City's website before the July 01, 2024 deadline; 3. That Council DIRECT Staff to submitthe Plan to the Ministry of Municipal Affairs and Housing before the July 01, 2024 deadline; and, 4. That Council DIRECT Staff to incorporate recommendations of the Asset Management Plan including the financing strategy, development Page 4 of 23 Page 14 of 500 of a 10-year capital budget, utilization of risk-based prioritization, and increase of asset condition knowledge into the 2025 Budget process. Carried Unanimously (Councillor Campbell and Councillor Strange were absent from the vote). 6. IN CAMERA SESSION OF COUNCIL 6.1. In-Camera Resolution Councillor Campbell left the meeting at 6:25 PM. Moved by Councillor Lori Lococo Seconded by Councillor Tony Baldinelli THAT Council enter into an In-Camera meeting at 6:25 PM. Carried Unanimously (Councillor Wayne Campbell and Councillor Strange was absent from vote). 7. PLANNING MATTERS Open Council meeting resumed at 8:01 PM after having been in closed meeting. 7.1. PBD-2024-19 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 The Public Meeting commenced at 8:01 PM. Mackenzie Ceci, Senior Planner (Current Development), provided an overview of Report PBD-2024-19. The following residents spoke citing environmental and wildlife habitat protection concerns:  Sarah Ward, of 9545 Stanley Avenue.  Cathy Blott, of Resident Habitat Design & Stewardship, from Cayuga, made a presentation before Council.  Anne Yagi, President of 8 Trees Inc., of 11 Birkwood Place, Fonthill.  Dr. John Bacher, of 134 Church Street, St. Catharines.  John Morocco, of 4739 Lyons Parkway, addressed Council supporting the process that Staff is following pertaining to this application.  Marie Nobes, 4667 Lyons Parkway - against zoning changes and cited traffic concerns.  Leslie Laan, of 5525 Reixinger Road, urged Council to deny or defer this application. Page 5 of 23 Page 15 of 500  Jeffrey Dreben, of 7047 Reixinger Road and 5789 Lyons Creek Road, owns adjoining property and the application will impact his lands. The Public Meeting closed at 9:04 PM. Moved by Councillor Wayne Thomson Seconded by Councillor Tony Baldinelli 1. THAT Council DEFER the consideration of Report No. PBD-2024-019 until more fulsome information about the proposal, requested by staff, has been received. Carried (Councillor Lococo and Councillor Nieuwesteeg were opposed and Councillor Strange and Councillor Campbell were absent). 7.2. PBD-2024-05 AM-2022-024 & 26T-11-2022-001 – Official Plan Amendment, Zoning By- law Amendment & Draft Plan of Subdivision Oakwood Drive, south of McLeod Road, east of the Queen Elizabeth Way, and west of the Hydro Canal (PID 5788) Proposal: To facilitate the development of 255 townhouse dwellings and up to 46 Additional Dwelling Units (ADUs). Applicant: Branthaven Belmont Oakwood Inc. Agent: Zelinka Priamo Ltd. (Robert MacFarlane / Azar Davis) The Public Meeting commenced at 9:09 PM. Mackenzie Ceci, Senior Planner (Current Development), provided an overview of Report PBD-2024-05. Councillor Pietrangelo left meeting at 9:10 PM and returned at 9:11 PM. John Beam, of 8891 Montrose Road, addressed Council citing traffic concerns in this area. The Public Meeting closed at 9:45 PM. Moved by Councillor Wayne Thomson Seconded by Councillor Victor Pietrangelo 1. THAT Council APPROVE the Official Plan Amendment and Zoning By- law Amendment to facilitate the development of 255 townhouse dwellings and up to 46 Additional Dwelling Units (ADUs), subject to the regulations and modifications outlined in this Report. 2. THAT the amending by-law INCLUDE a Holding (H) provision to require the submission of an updated Phase One Environmental Site Page 6 of 23 Page 16 of 500 Assessment and Letter of Reliance, and an updated Noise Impact Assessment. 3. THAT the Draft Plan of Subdivision be APPROVED, subject to the conditions contained in Appendix A. 4. THAT the Mayor or designate be AUTHORIZED to sign the Draft Plan of Subdivision as "approved" 20 days after Notice of Council’s decision has been given as required by the Planning Act, provided no appeals of the decision have been lodged. 5. THAT Draft Plan approval be GIVEN for three years, after which approval will lapse unless an extension is requested by the Owner/Developer and granted by Council. 6. THAT the Mayor and City Clerk be AUTHORIZED to execute the Subdivision Agreement and any required documents to allow for the future registration of the Subdivision when all matters are addressed to the satisfaction of the City Solicitor. Carried (Councillor Lococo , Councillor Nieuwesteeg and Councillor Patel were opposed and Councillor Campbell was absent). 7.3. PBD-2024-18 AM-2023-034, Official Plan & Zoning By-law Amendment 7301 Lundy’s Lane Proposal: To increase the maximum density and rezone the subject lands to a site-specific TC Zone to facilitate the development of 68 stacked townhouse dwellings and 4 commercial units fronting onto Lundy’s Lane Applicant: Lifestyle on Lundys Inc. (Rohit Parmar) Agent: RPD Studio (Raj Patel) The Public Meeting commenced at 9:49 PM. Mackenzie Ceci, Senior Planner (Current Development), provided an overview of Report PBD-2024-18. Raj Patel (Agent) from RPD Studio and Rob Russell, from Russell Planning and acting as agent, spoke in support of the application. The Public Meeting closed at 10:24 PM. Moved by Councillor Lori Lococo Seconded by Councillor Mona Patel THAT Council extend the curfew of the Council meeting beyond 10:00 PM. Carried (Councillor Strange was absent from the vote). Moved by Councillor Mona Patel Page 7 of 23 Page 17 of 500 Seconded by Councillor Wayne Thomson 1. THAT Council APPROVE the Official Plan Amendment and Zoning By- law Amendment to facilitate the development of 68 stacked townhouse dwellings and 4 commercial units, subject to the regulations detailed in this Report. 2. THAT the amending by-law INCLUDE a Holding (H) provision to require the completion of an updated Phase 1 Environmental Site Assessment (and any subsequent assessments), the filing of a Record of Site Condition, the inclusion of warning clauses with respect to noise and archaeological resources, and the implementation of various noise mitigation measures through any future Site Plan and/or Condominium Agreements. 3. THAT the amending by-law INCLUDE a sunset clause to require the execution of a Site Plan Agreement or the receipt of Draft Plan of Condominium approval within three years of the amending by-law coming into effect, with the possibility of a one-year extension at the discretion of the General Manager of Planning, Building and Development. Carried (Councillor Baldinelli was opposed and Councillor Strange and Councillor Campbell was absent from the vote). 8. REPORTS 8.1. F-2024-21 2024 Development Charge By-Law Adoption Development charges (DCs) are fees on new developments that fund growth- related costs to a municipality. They are governed by the Development Charges Act, 1997. The Development Charges Background Study relates to the provision of eligible DC Services, which include roads, water, storm and sewer infrastructure, parks and recreation, libraries, fire services, etc. Craig Binning and Danielle Tivoli, of Hemson Consulting Inc., were available virtually to answer questions of Council, if needed. Moved by Councillor Victor Pietrangelo Seconded by Councillor Tony Baldinelli 1. THAT Council DIRECT that no further public meeting under Section 12 of the Development Charges Act, 1997, S.O. 1997, c. 27 is necessary with respect to the Development Charges Background Study dated March 28, 2024, as amended (the “Study”) or the proposed Development Charge By-laws after having considered the submissions received at the public meeting held on April 30, 2024 in connection with the Study and taking into consideration any changes made to the Page 8 of 23 Page 18 of 500 proposed Development Charge By-laws following the said public meeting; 2. THAT Council APPROVE the increase in the need for services attributable to the anticipated growth and development as contemplated in the Study including any capital costs, which will be met by updating the capital budget and forecast for the City of Niagara Falls, where appropriate, through the City’s normal capital budget process; 3. THAT Council ADOPT the growth-related capital program, as outlined in the Study as amended, which signifies Council’s intention to ensure that the increase in services attributed to growth, as contained in the Study forecast, may be revised from time to time at Council’s discretion; 4. THAT Council DIRECT that the future excess capacity identified in the Study shall be paid for by the development charges contemplated in said Study, or other similar charges; 5. THAT Council APPROVE the Study (as amended) and proposed rate structure in the By-laws included in tonight’s agenda; 6. THAT Council CONSIDER passing the 2024 Development Charges By- Laws on today’s agenda, with an effective date of July 8, 2024; 7. THAT Council REVIEW the draft Industrial Development Charges Grant Program Policy in Attachment 1 and DIRECT staff to bring forward a final policy for approval at the June 18, 2024 Council Meeting; 8. THAT Council REVIEW the draft Community Improvement Plan (CIP) area Grant Program Policy in Attachment 2 and DIRECT staff to bring forward a final policy for approval at the June 18, 2024 Council Meeting; 9. THAT Council DIRECT staff to consider including a formal Development Charges Grant Program for the Lundy’s Lane Community Improvement Plan as part of the CIP updates in 2024, previously identified in the CIP as a future consideration in the next DC By-Law update; 10.THAT Council RECEIVE the formal responses provided for all written submissions received, as outlined in Attachment 3, related to the 2024 Development Charges By-Law. Carried Unanimously (Councillor Campbell was absent from the vote). 8.2. MW-2024-21 NS&T Trail Phase 1 Construction Councillor Nieuwesteeg left Chambers at 11:17 PM and returned at 11:22 PM. Moved by Councillor Victor Pietrangelo Seconded by Councillor Wayne Thomson Page 9 of 23 Page 19 of 500 1. THAT Council APPROVE a capital budget amendment in the amount of $1,900,000 funded by Development Charge and Capital Reserves. 2. THAT staff be DIRECTED to proceed with tendering and construction of the NS&T Trail in accordance with the City of Niagara Falls Purchasing By-law. Carried (Councillor Lococo was opposed and Councillor Campbell was absent and Councillor Nieuwesteeg was absent). 8.3. PBD-2024-21 2024 Quarter 1 Housing and Growth Monitoring Report Moved by Councillor Victor Pietrangelo Seconded by Councillor Tony Baldinelli 1. THAT Council RECEIVE the Quarter 1 Development and Housing Status Report that reviews the status of current development and housing activity in the City of Niagara Falls for the first quarter of 2024. 2. THAT Council DIRECT staff to forward the housing information to the Province as required. Carried Unanimously (Councillors Campbell and Nieuwesteeg were absent) 8.4. PBD-2024-20 Bill 185 and the 2024 Provincial Planning Statement (PPS) Moved by Councillor Wayne Thomson Seconded by Councillor Tony Baldinelli 1. THAT Council RECEIVE PBD-2024-20 for information. 2. THAT Council DIRECT staff to forward PBD-2024- 20 to the Minister of Municipal Affairs and Housing as the City's formal response to the proposed Bill 185 and the 2024 Provincial Planning Statement. Carried Unanimously (Councillor Strange and Councillor Campbell were absent from the vote). 8.5 . R&C-2024-08 Tennis Clubs of Canada Year-Round Dome Proposal Adam Seigel from Tennis Clubs of Canada, was available (virtually) to speak to this report and answered questions of Council. Councillor Strange returned to the meeting (via Zoom) at 11:37 PM. Councillor Pietrangelo left Chambers at 11:41 PM and returned at 11:47 PM. Moved by Councillor Ruth-Ann Nieuwesteeg Seconded by Councillor Tony Baldinelli Page 10 of 23 Page 20 of 500 1. THAT Council AUTHORIZE the Mayor and City Clerk to execute the revised license agreement with the Tennis Clubs of Canada to permit year-round indoor tennis and pickleball for one year at John N. Allan Park. 2. THAT staff REPORT to council in November on June 1 - September 30th court utilization at the indoor dome and at the city's outdoor courts. Ayes: Councillor Victor Pietrangelo, Councillor Mike Strange, Councillor Wayne Thomson, Councillor Tony Baldinelli, and Councillor Ruth-Ann Nieuwesteeg Nays: Councillor Lori Lococo and Councillor Mona Patel Carried (Councillor Lococo and Councillor Patel were opposed and Councillor Campbell was absent). 5-2 on a recorded vote 9. CONSENT AGENDA The order of business was changed to move up Item #15.3 (Parking Optimization Study) to allow resident speak. 9.1. F-2024-20 2023 Water/Wastewater Fund Budget to Actual Variance (Unaudited) Moved by Councillor Victor Pietrangelo Seconded by Councillor Ruth-Ann Nieuwesteeg THAT Council RECEIVE the Water/Wastewater Fund Budget to Actual Variance report for the year ended December 31, 2023. Carried Unanimously (Councillor Campbell was absent from vote). 9.2. MW-2024-20 Alpine Drive – Speed Control Review Moved by Councillor Victor Pietrangelo Seconded by Councillor Ruth-Ann Nieuwesteeg 1. THAT Council APPROVE the speed control plan consisting of four (4) speed cushions on Alpine Drive between Paddock Trail Drive and Yvette Crescent, and 2. THAT Council APPROVE a 2024 Capital Budget Amendment to create project TSP 65-24 for the construction of the speed cushions on Alpine Drive with a total budget of $22,000 (inclusive of non-recoverable HST), to be funded by a capital budget transfer of unused funds via Capital Special Purpose Reserves from TSP 54-22 Traffic Calming Projects – Various Locations. Carried Unanimously (Councillor Campbell was absent from vote). 9.3. MW-2024-23 Backhoe Loader Procurement Opportunity Moved by Councillor Victor Pietrangelo Page 11 of 23 Page 21 of 500 Seconded by Councillor Ruth-Ann Nieuwesteeg 1. That Council PERMIT a Single Source procurement with Toromont CAT in the amount of $213,000 excluding HST for the purchase of a used 2023 Backhoe Loader and attachments in accordance with Section 18 of the City's Procurement By-Law No. 2021-04; and, 2. That Council AUTHORIZE the Mayor and Clerk to execute the necessary contract documents. Carried Unanimously (Councillor Campbell was absent from vote). 9.4. MW-2024-24 Traffic Signal Rebuild - Reimbursement Agreement Moved by Councillor Victor Pietrangelo Seconded by Councillor Ruth-Ann Nieuwesteeg THAT Council APPROVE the Traffic Signal Rebuild Reimbursement Agreement with The Regional Municipality of Niagara and that the General Manager of Municipal Works be delegated authority by Council to execute all necessary agreements. Carried Unanimously (Councillor Campbell was absent from vote). 9.5. MW-2024-25 Ontario Avenue at Hiram Street - Intersection Control Review Moved by Councillor Victor Pietrangelo Seconded by Councillor Ruth-Ann Nieuwesteeg 1. That Council APPROVE the reopening of Ontario Avenue at Hiram Street, as a Pilot Study, by removing the concrete planters, chains, and traffic signs on the northeast approach of the intersection for the summer season; 2. That Council APPROVE the intersection of Ontario Avenue and Hiram Street be converted to all-way stop controls; 3. That Council DIRECT staff to observe and monitor traffic volumes, travel patterns, and collision occurrences / safety concerns in the neighbourhood during the summer months and report back to council with the findings and recommendations of the Pilot Study; and 4. THAT any previous decision to stop up and close a portion of Ontario Avenue at Hiram Street, whether passed via a specific by-law, confirmatory by-law or any draft bylaw that was intended to be passed, be hereby REPEALED. Carried Unanimously (Councillor Campbell was absent from vote). 10. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 10.1. Resolution - Township of Wainfleet - Public Libraries and Older Adults Attached is a resolution that at its meeting of April 30, 2024, the Council of the Page 12 of 23 Page 22 of 500 Corporation of the Township of Wainfleet passed. Recommendation: THAT Council SUPPORT the resolution. Moved by Councillor Lori Lococo Seconded by Councillor Victor Pietrangelo THAT Council SUPPORT the resolution pertaining to public libraries and older adults. Carried Unanimously (Councillor Campbell was absent from vote). 10.2. Flag-Raising and Proclamation Request - Azerbaijan Independence Day Attached is a request for a flag-raising ceremony on May 30th or May 31st, 2024 to recognize Azerbaijan Independence Day. Azerbaijan Independence Day commemorates the establishment of the Democratic Republic of Azerbaijan on May 28, 1918. Recommendation: THAT Council APPROVE the request for a flag-raising ceremony on May 30th or May 31st, 2024 and to proclaim May 28th, 2024 as Azerbaijan Independence Day. Moved by Councillor Victor Pietrangelo Seconded by Councillor Tony Baldinelli THAT Council APPROVE the request for a flag-raising ceremony on May 30th or May 31st, 2024 and to proclaim May 28th, 2024 as Azerbaijan Independence Day. Carried Unanimously (Councillor Campbell was absent from vote). 11. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 11.1. Resolution - World Animal Protection Campaign - Captive Wildlife Resolution The attached resolution from the World Animal Protection Campaign is asking municipalities to support and adopt the resolution to urge the Ontario government to license zoos and regulate exotic pet ownership. Recommendation: For the Support of Council. 11.2. Resolution - Township of Alnwick/Haldimand - Motion to Call on Province for Funding of Housing, Shelters and other Social Services Attached is a copy of a resolution passed by the Council of the Township of Alnwick/Haldimand supporting correspondence to call on the Province for increased funding to support housing, shelters and other social services. Recommendation: For the Support of Council. 11.3. Resolution - Town of Niagara-on-the-Lake - Federal Infrastructure Funding Not Keeping Pace with Population Growth The Town of Niagara-on-the-Lake Council passed the attached Motion on April 30, 2024, at their regular Council meeting. Page 13 of 23 Page 23 of 500 Recommendation: For the Support of Council. 11.4. Resolution - Town of Niagara-on-the-Lake - Transforming the Great Lakes and St. Lawrence River Basin into a Thriving Blue-Green Economic Corridor while Safeguarding our Freshwater Resources The Town of Niagara-on-the-Lake Council passed the attached Motion on April 30, 2024, at their regular Council meeting. Recommendation: For the Support of Council. 11.5. Resolution - Niagara Peninsula Conservation Authority - Completion of Land Acquisitions in Niagara Region and Haldimand County Attached is correspondence from the Niagara Peninsula Conservation Authority, pertaining to Board direction. Recommendation: For the Support of Council. Moved by Councillor Mona Patel Seconded by Councillor Ruth-Ann Nieuwesteeg THAT Council receive for information Item #11.1 through to and including Item #11.5. Carried Unanimously (Councillor Campbell was absent from vote). 11.6. Resolution - Township of Alnwick/Haldimand - MFIPPA Modernization Attached is a copy of the resolution passed by the Council of the Township of Alnwick/Haldimand supporting AMCTO's Advocacy Teams recommendations for the review and reform of MFIPPA. Recommendation: For the Support of Council. Moved by Councillor Lori Lococo Seconded by Councillor Victor Pietrangelo THAT Council Support the resolution from the Township of Alnwick/Haldimand regarding MFIPPA Modernization. Carried Unanimously (Councillor Campbell was absent from vote). 11.7. Niagara Region Correspondence Attached is correspondence sent from the Niagara Region regarding the following: 1. Niagara Region Report PDS 12-2024 Diversity, Equity and Inclusion Action Plan 2023 Progress Report Recommendation: For the Information of Council. 11.8. Correspondence from Niagara Region Transit - Specialty Services Page 14 of 23 Page 24 of 500 Contract Attached is an article published about the exciting award of the commingled specialty services contract on Tuesday, May 21, 2024. 11.9. Comments from resident Moved by Councillor Victor Pietrangelo Seconded by Councillor Ruth-Ann Nieuwesteeg THAT Council receive and file Item #11.7 through to and including Item #11.9. Carried Unanimously (Councillor Campbell was absent from vote). 12. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 12.1. Main & Ferry BIA - 2024 Budget Attached is the Main & Ferry BIA budget for 2024. Recommendation: THAT Council APPROVE the 2024 budget for the Main & Ferry BIA. Moved by Councillor Victor Pietrangelo Seconded by Councillor Tony Baldinelli THAT Council APPROVE the 2024 budget for the Main & Ferry BIA. Carried Unanimously (Councillor Campbell was absent). 12.2. Noise By-law Exemption Request - St. George & St. Archangel Michael Serbian Church Anne Radojcic, Church Board, Interim Secretary, has a request for a noise by- law exemption for the Kordun Club of Niagara Falls, for an event on Saturday, July 27, 2024, extending the time limit from 9 PM to midnight at the St. George and St. Archangel Michael Church grounds, at 6085 Montrose Road. Recommendation: THAT Council APPROVE the Noise By-law Exemption for the 3 hours being requested on Saturday, July 27th, 2024 (until midnight). Moved by Councillor Victor Pietrangelo Seconded by Councillor Tony Baldinelli THAT Council APPROVE the Noise By-law Exemption for the 3 hours being requested on Saturday, July 27th, 2024 (until midnight). Carried Unanimously (Councillor Campbell was absent). 12.3. Clifton Hill BIA - 2024 Budget Attached is the Clifton Hill BIA Budget for 2024. Recommendation: THAT Council APPROVE the 2024 budget for the Clifton Hill BIA. Page 15 of 23 Page 25 of 500 Moved by Councillor Victor Pietrangelo Seconded by Councillor Tony Baldinelli THAT Council APPROVE the 2024 budget for the Clifton Hill BIA. Carried Unanimously (Councillor Campbell was absent). 12.4. Letter of No Objection - Cowboy Mounted Shooting The Chief Firearms Inspector with the OPP requires a "Letter of No Objection" from the municipality before allowing Ms. Monica Zantingh to operate her indoor and outdoor riding arena at the farm located at 5812 Bossert Road for the purpose to train horses and riders for mounted shooting competitions. Only the use of blank ammunition will be discharged. Recommendation: THAT Council DIRECT the City Clerk to forward the Letter of No Objection to the requestor to then be forwarded to the Chief Firearms Inspector with OPP. Moved by Councillor Victor Pietrangelo Seconded by Councillor Tony Baldinelli THAT Council DIRECT the City Clerk to forward the Letter of No Objection to the requestor to then be forwarded to the Chief Firearms Inspector with OPP. Carried Unanimously (Councillor Campbell was absent). 12.5. Memo - University of Niagara Falls - Letter of Support for proposed new Master of Sustainable Science; Master of Water and Food Security and Master of Regenerative Sustainability programs Attached is a memo of recommendation for Council to consider from the Environmental Action Committee. Recommendation: THAT Niagara Falls City Council offer their SUPPORT for the application of a new Sustainable Science; Water and Food Security and Regenerative Sustainability degrees to be offered at the University of Niagara Falls Canada by Global University Systems (GUS). Moved by Councillor Victor Pietrangelo Seconded by Councillor Tony Baldinelli THAT Niagara Falls City Council offer their SUPPORT for the application of a new Sustainable Science; Water and Food Security and Regenerative Sustainability degrees to be offered at the University of Niagara Falls Canada by Global University Systems (GUS). Carried (Councillor Lococo was opposed and Councillor Campbell was absent). 13. RATIFICATION OF IN-CAMERA Page 16 of 23 Page 26 of 500 Open Council meeting resumed at 1:30 AM. a) Ratification of In-Camera Moved by Councillor Mona Patel Seconded by Councillor Tony Baldinelli THAT Council DELEGATE authority to the CAO to execute a Section 30 Agreement for taking of road widenings on Biggar Road at the frontage of 10215 Montrose Road, and to take whatever steps necessary to complete the final transactions, where it is recommended to do so by the General Manager of Municipal Works/City Engineer and the Director of Legal Services/City Solicitor; AND THAT Staff be DIRECTED to submit a budget amendment reflecting the updated property costs as part of the 2024 Capital Budget process. Carried Unanimously (Councillor Campbell and Councillor Strange were absent). 14. NOTICE OF MOTION/NEW BUSINESS a) Notice of Motion - City of Niagara Fall - Residential Parking Pass Mayor Jim Diodati brought forth the following notice of motion: As an addendum to the motion regarding the Parking Optimization Study, request that staff come back with a report outlining the “Residential Convenience Pass,” providing an opportunity for residents to park on-street on municipal streets and roads for up to 3-hours at a time, for an annual rate of $35 + HST. It could be modeled similarly to the Niagara Parks Commission Annual Pass and be used by up to 2 cars per household for non-commercial use. b) Notice of Motion - Provincial Cemetery Management Support Request Councillor Lori Lococo brought forth the attached notice of motion pertaining to cemetery management. Notice of Motion - Cemetery Management c) Notice of Motion - Christmas Market, Springalicious, Night of Art (Notice of motion forthcoming, pending submission) Councillor Patel brought forth the following notice of motion: d) Direction to Staff - North Street - Ancillary buildings to GHGH Direction to Staff - Councillor Patel is looking for staff to provide information pertaining to the ancillary properties to the hospital on North Street and the possibility of affordable housing opportunities. e) Direction to Staff - Gap Dollars - Operating Budget Direction to Staff: Councillor Patel asked for clarification from staff regarding gap dollars and how they are used in the operating budget. Page 17 of 23 Page 27 of 500 f) Direction to Staff - Hydro Field Grass Cutting Direction to Staff - Councillor Patel is requesting staff to investigate the option of having City staff cut the hydro field property and charge hydro. g) Notice of Motion - Centre Street Patios (Notice of motion forthcoming, pending submission) Councillor Patel brought forth the following notice of motion: h) Direction to Staff - Tall Grass complaints Councillor Baldinelli addressed the need for a review of the tall grass by-law. Direction to Staff - THAT Staff review the wording of the currently tall grass by- law to ensure that it includes weeds. i) Direction to Staff - Pending Canadian Borders Services Agency (CBSA) Strike Direction to Staff - Councillor Mike Strange addressed the pending CBSA strike requesting the Mayor to send a letter of support to the Prime Minister, Provincial Minister and border cities, requesting them to expedite resolution so as to prevent a disruption to the tourism industry. 15. MOTIONS Councillor Wayne Thomson left the meeting at 12:10 AM. 15.1. Casino Police Unit At the Council meeting of April 30, 2024, Councillor Lori Lococo brought forth the following motion: Motion: - THAT Council REVIEW the Casino Police Agreement; - THAT Council be PROVIDED statistics of the “additional policing costs caused by the presence of the two casinos”; - THAT Council be PROVIDED the statistics of what “adequate effective staffing and services levels” are - THAT Council be PROVIDED statistics of what “patrol and servicing levels” are in the area; - THAT Council be PROVIDED the quarterly reports for information; - THAT Staff PROVIDE recommendations and possible amendments to the agreement. Moved by Councillor Lori Lococo Seconded by Councillor Tony Baldinelli - THAT Council REVIEW the Casino Police Agreement; - THAT Council be PROVIDED statistics of the “additional policing costs caused by the presence of the two casinos”; Page 18 of 23 Page 28 of 500 - THAT Council be PROVIDED the statistics of what “adequate effective staffing and services levels” are - THAT Council be PROVIDED statistics of what “patrol and servicing levels” are in the area; - THAT Council be PROVIDED the quarterly reports for information; - THAT Staff PROVIDE recommendations and possible amendments to the agreement. Carried Unanimously (Councillor Campbell, Strange and Thomson were absent from vote). 15.2. Litter in the City At the Council meeting of April 30, 2024, Councillor Lori Lococo brought forth the following motion: Motion: THAT staff come back with some options for cleaning up garbage in the city. It could include, but not limited to, more city cleanups, equipment required, frequency, insurance, liability, how the Adopt a Street program works, etc. Moved by Councillor Lori Lococo Seconded by Councillor Tony Baldinelli THAT staff come back with some options for cleaning up garbage in the city. It could include, but not limited to, more city cleanups, equipment required, frequency, insurance, liability, how the Adopt a Street program works, etc. Carried Unanimously (Councillors Campbell and Thomson were absent). 15.3. Parking Optimization Study At the Council meeting of April 30, 2024, Mayor Diodati brought forth the following motion: Motion: Request for Staff to undertake a parking optimization study that offers an innovative approach to maximize revenue for the City during peak tourist season and special events. It could consider real-time parking availability, modified dynamic pricing and leveraging technology to ensure buy-in from stakeholders and residents. As timing permits, we would look to reap the benefits of this for this-coming tourist season. Liz Palmucci, of 3233 Matthews Drive, addressed Council asking Council to review whom the customer is. Moved by Mayor Jim Diodati Seconded by Councillor Victor Pietrangelo THAT Staff undertake a parking optimization study that offers an innovative approach to maximize revenue for the City during peak tourist season and special events. It could consider real-time parking availability, modified dynamic pricing and leveraging technology to ensure buy-in from stakeholders and residents. As timing permits, we would look to reap the benefits of this for Page 19 of 23 Page 29 of 500 this-coming tourist season. Carried Unanimously (Councillor Thomson and Councillor Campbell were absent). Moved by Councillor Mona Patel Seconded by Councillor Ruth-Ann Nieuwesteeg THAT Council enter in an In-Camera session at 12:50 AM. Carried Unanimously (Councillor Campbell, Thomson and Strange were absent from vote). 16. BY-LAWS 2024- 048. A by-law to amend By-law No. 79-200, to permit the use of the lands for the development of 33 townhouse dwelling units within 5 blocks and to repeal By- law No. 2020-050. (AM-2023-030) 2024- 049. A by-law to amend By-law No. 79-200, to permit the use of the lands for the development of 72 stacked townhouse dwelling units in 4 blocks, subject to a 3-year sunset clause. (AM-2023-031) 2024- 050. A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Parking Prohibited, Stopping Prohibited, Loading Zones, Taxi Cab Stands, Stop Signs at Intersections) 2024- 051. A by-law to establish Lot 1 on Plan 240 (one foot reserve) as a public highway to be known as, and, form part of Warden Avenue. 2024- 052. 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. 2024- 053. A by-law to establish Development Charges for General Services for the City of Niagara Falls. 2024- 054. A by-law to establish Development Charges for Services Related to a Highway: Roads and Related for the City of Niagara Falls. 2024- 055. A by-law to establish Development Charges for Water, Sanitary Sewer and Storm Water Management for the City of Niagara Falls. 2024- 056. A by-law to adopt, ratify and confirm the actions of the City Council at its meeting held on the 28th day of May, 2024. Moved by Councillor Victor Pietrangelo Seconded by Councillor Tony Baldinelli THAT the by-laws be read a first, second and third time and passed. Carried Unanimously (Councillor Campbell was absent). 17. ADJOURNMENT a) Adjournment Page 20 of 23 Page 30 of 500 Moved by Councillor Ruth-Ann Nieuwesteeg Seconded by Councillor Tony Baldinelli THAT Council ADJOURN the meeting at 1:34 AM. Carried Unanimously Mayor City Clerk Page 21 of 23 Page 31 of 500 SUBJECT : Provincial Cemetery Management Support Request BACKGROUND: Throughout Ontario, there has been an increase in the number of churches and local cemetery boards initiating the process to transfer the ownership or abandon the cemetery to the municipality. Municipalities are responsible for the cost, administration and maintenance of abandoned cemeteries. Several municipali�es in the Province have passed resolu�ons asking for annual funding, staff training as well as appropriate and affordable so�ware development for all municipali�es to use to administer these cemeteries. RESOLUTION: Whereas under the Funeral, Burial and Crema�on Services Act, 2002 (FBCSA), when a cemetery is declared abandoned by a judge of the Superior Court Jus�ce, the local municipality within whose geographic boundaries the land of the cemetery is located, becomes the owner of the cemetery with all the rights and obliga�ons in respect of the cemetery and the assets, trust funds and trust accounts related to it that the previous owner or operator possessed; And Whereas over the last decade, there has been an increase in the number of churches and local cemetery boards ini�a�ng processes to transfer ownership or abandon their owned and operated cemeteries to the local municipality due to such issues as high maintenance costs, inaccuracy of records, lack of financial and human resources to effec�vely operate and maintain the cemetery, increased regulatory processes regarding training, selling of interment rights, financial opera�on of the care and maintenance fund, etc.; And Whereas municipali�es experience the same issues and pressures that churches and local boards experience with the opera�on and maintenance of cemeteries within its jurisdic�on, and addi�onal transfers of cemetery lands only compound the burden on municipal taxpayers; And Whereas cemeteries are important infrastructure where the reasonable costs for interment rights, burials, monument founda�ons, corner stones and administra�on charges do not sufficiently support the general opera�on of cemeteries; And Whereas the interest earned from the care and maintenance fund(s) of a cemetery do not provide adequate funding to maintain the cemetery with the rising costs of lawn and turf maintenance contracts and monument restora�on; Now Therefore Be It Resolved that Council of the the City of Niagara Falls requests that the Province through the Ministry of Public and Business Service Delivery and the Bereavement Authority of Ontario (BAO) consider the following to assist municipali�es in this growing concern of cemetery transfers: Page 22 of 23 Page 32 of 500 -Amending the Funeral, Burial and Crema�on Services Act, 2002 (FBCSA), to have theProvince, through the BAO, iden�fied as the default owner and operator of a cemetery whenit is abandoned; -Provide annual funding (based on the number of cemeteries a municipality owns andoperates) to municipali�es to assist with the maintenance of inac�ve and ac�vecemeteries; -Provide free training opportuni�es for municipali�es regarding cemetery administra�on; and, -Inves�gate and support the design of universal cemetery so�ware for use bymunicipal cemetery operators that can be offered at an affordable cost; And that this resolu�on be circulated to the Hon. Todd McCarthy, Ministry of Public and Business Service Delivery, Jim Cassima�s, BAO Interim CEO/Registrar, MPP Jill Dunlop and all Ontario municipali�es. Page 23 of 23 Page 33 of 500 A Great City … For Generations To Come RECREATION & CULTURE Inter-Departmental Memo To: Mayor Diodati and Members of Council From: Pranshu Patel & Shreedev Patel, MYAC Co-Chairs Mayor’s Youth Advisory Committee Date: May 1, 2024 Re: 2024 MYAC Scholarship Recipients On behalf of the Niagara Falls Mayor’s Youth Advisory Committee (MYAC), we would like to inform the Mayor and Council that the Joy Ge, a grade 12 student at Westlane Secondary School, was selected to receive 2024 Jim Mitchinson Scholarship presented by MYAC: The Jim Mitchinson Scholarship presented by MYAC recognizes Niagara Falls students who have demonstrated leadership and involvement in their community and/or school throughout their secondary career. MYAC is extremely proud to honour the memory of Jim Mitchinson through the Jim Mitchinson Scholarship. Jim was dedicated to giving back to the City of Niagara Falls throughout his life and embodied the values of leadership and involvement in the community. Jim Mitchinson’s son, Tom, has generously funded the scholarship in his honour. To be eligible for the scholarships students must be Niagara Falls residents, in their graduating year, attending a school in Niagara Falls, have a minimum average of 75% and demonstrate leadership and involvement in their community and/or school . At a special MYAC meeting, held on May 1, 2024, the Mayor’s Youth Advisory Team reviewed the 2024 applications and voted. The following motion was made: IT WAS MOVED by Pranshu Patel, seconded by Shreedev Patel, THAT Joy Ge be the recipients of the 2024 Jim Mitchinson Scholarship ($2000.00) presented by the Mayor’s Youth Advisory Committee. Motion Carried Page 34 of 500 A Great City … For Generations To Come Recipient Bios: Joy Ge, Westlane Secondary School Joy Ge, a senior at Westlane Secondary School, epitomizes the spirit of tenacity and leadership. Throughout her high school journey, Joy has consistently demonstrated a relentless determination to effect positive change in her community. As a founding member of the first- ever DSBN Equity Advisory Group, Joy spearheaded initiatives aimed at fostering inclusivity and accessibility within the District School Board of Niagara. Her advocacy efforts culminated in the establishment of the DSBN Inclusion, Diversity, Equity Alliance for Students, amplifying student voices and driving systemic change within the educational framework. Outside the classroom, Joy's commitment to community service is exemplified by her instrumental role in organizing the Westlane Chapter of the Rankin Cancer Run. Over two years, she co-founded and co-chaired the initiative, rallying over fifty committee members to surpass fundraising goals and raise awareness for cancer research. Joy's leadership not only exceeded financial targets but also empowered fellow students to take ownership of their roles, leaving a lasting impact on both the school and the wider community. Joy's dedication extends beyond local endeavors, as evidenced by her involvement with the Niagara Region Public Health Youth Advisory Committee and her employment as a REACT Peer Leader. In these roles, she demonstrated exceptional leadership, innovation, and interpersonal skills, earning the admiration of peers and mentors alike. Looking ahead, Joy envisions a future defined by continued community involvement and advocacy. As she embarks on her journey to the University of Waterloo for Mechanical Engineering, Joy remains steadfast in her commitment to mentorship and service. Inspired by her experiences with the SHAD program, she aspires to pay it forward by becoming a program assistant, as well as continuously advocating for equitable access to resources and opportunities within her new community. Page 35 of 500 MYAC 2023/2024 Page 36 of 500 MYAC Subcommittees 2023/2024 Giving Back Just For Fun Organizing recreational activities for youth engagement in Niagara Falls Focusing on initiatives to support and improve our community Youth Empowerment Focusing on events to empower and encourage youth in our city Green Planning initiatives to improve the environment in our community 01 02 03 04 Page 37 of 500 Youth Empowerment A revamp! Michael & Tirth presented as Subcommittee ChairsPage 38 of 500 ●MYAC's Den was a brand new youth-led entrepreneurial event for high school innovators in the Niagara Region. ●The event followed a “Dragon’s Den” style format where participants pitched their business ideas to a panel of judges composed of members of the Niagara Falls Small Business Office. ●Prizes included 2 spots in Summer Company for 2024 and cash prizes from MYAC ranging from $200-$350 with the 5 finalists achieving a prize. MYAC’s Den - April 24th, 2024 Page 39 of 500 ●The Youth Art Showcase hosted at the NF Exchange allowed high school students a venue to display their works of physical art ●Criteria for this event included only submitting physical art (such as drawings, paintings and sketches) and not 3D sculptures and not digital art. We had 10 artists submit their pieces to be displayed. ●While they were on display, visitors at the Exchange could vote for their favourite art piece through a QR code. ●Prizes included cash rewards of $150, $75, amd $50 for first, second and third most votes respectively Youth Art Showcase - June 3rd-10th, 2024 Page 40 of 500 ●The Student Summit is a student-run conference by the Mayor’s Youth Advisory Committee for students all across Niagara Falls. The core purposes of these sessions aim to help high school students develop soft skills and learn career-oriented and life-related information that is needed, but not necessarily taught in classrooms, to succeed now and in the future. Participants will be able to meet other like-minded students and hear from speakers who are experts in various fields. ●This used to be a past MYAC event but is currently in the planning stages for next year. ●Considering the breadth of the event, we hope to plan it in a “field trip” style event to help youth making post- secondary decisions next year Student Summit - Plans for the Future Page 41 of 500 Just For Fun Competition after Competition Post-recording for MYAC Game Night Page 42 of 500 ●JFF’s first event of the year was Game Night. ●The event was held at the MacBain Community Centre from 5:30pm-8:30pm. ●The night consisted of a variety of board games, card games, video games, and the chance to win special prizes in group Bingo. ●Snacks and drinks were provided throughout the event for everyone to enjoy MYAC Game Night - December 8th, 2023 Page 43 of 500 ●In collaboration with the Giving Back subcommittee, we hosted a Skate Night at the Gale Centre from 8-10 pm. ●The entry fee tickets were $3, an additional $5 to rent skates, and concessions were available until 9 pm. ●The event was a huge success and all proceeds went to supporting Project Share. MYAC Skate Night -February 10th, 2024 Page 44 of 500 ●JFF hosted a Basketball Tournament for the second year in a row! The event was a 3v3 style competition from 2:30-5:30 pm at the MacBain Community Centre. ●We had a total of 11 teams competing for the top three winners and the chance to win special cash prizes. ●1st place received $50 Visa prepaid cards for each team member, 2nd place received $30 cards for each team member, and 3rd place each received a MacBain Drop-In Pass (5 visits). MYAC Basketball Tournament - March 14th, 2024 Page 45 of 500 ●JFF introduced a Volleyball Tournament for he first time this year. ●The event was a 6v6 style tournament from 1:45-4:45 pm at the MacBain Community Centre with open teams and free entry for participants. ●It was a great success with a total of 12 teams competing for the cash prizes awarded to the top three winners. MYAC Volleyball Tournament - May 4th, 2024 Page 46 of 500 Giving Back Strengthening our Community Giving Back members at the MYAC Skate NightPage 47 of 500 ●To kickstart the year, Giving Back posted videos promoting Project Plaid in November of 2023 ●Even though this was not an official event, MYAC’s instagram posts reached several high school students encouraging them to also participate in wearing plaid to support Pathstone’s Mental Health initiatives. Project Plaid Page 48 of 500 ●In collaboration with Family and Children’s Services (FACS Niagara), Giving Back collected household items at high schools and various public centres such as libraries, the Macbain Community Centre and the NIagara Falls History Museum. ●As a result, our team assisted United Way in packaging many kits for those leaving the foster care system once they turn 18. ●We started collecting items from March 30th to April 3rd with very positive support from the community. Household Item Drive Page 49 of 500 ●MYAC collected hygiene products such as soaps, shampoos, deodorant, etc at various collecting bins at high schools and public from April 19th to May 3rd. ●Our team assisted United Way in packing and delivering these kits to those in need with the assistance of Project Share. ●Similar to the household item drive, this initiative was also a massive success allowing us to pack several kits to assist Project Share Hygiene Drive Page 50 of 500 Green Helping the Environment one initiative at a time Green subcommittee members at Mother Earth DayPage 51 of 500 ●The objective of the Natural Art Contest was to provide a fun community-driven competition to ease high school students during a busy exam season and admire the natural beauty of Niagara Falls. ●Those wishing to compete were asked to submit an art piece inspired by their perspective of the natural beauty of Niagara Falls ●Prizes included $100, $50 and $25 gift cards and MYAC merch for first second and third respectively. Natural Art Contest Page 52 of 500 ●Goosechase lets users run real-time, interactive competitions through an app ●Using this app, the Green subcommittee organized a school vs. school competition where students participated by completing mission with the environment in mind such as using a reusable water bottle, recycling, etc. ●More than 100 submissions were made with very positive engagement from all of the high schools. The trophy is currently with AN Myer Green Goosechase Competition Page 53 of 500 ●Green planned an in-person event at the Macbain Centre and Firemen’s Park in April and May ●The motive of this event was to encourage the youth about the environment and the surrounding greens. ●More than 300 people visited marking an incredible reach and impact from the result of planning this initiative Mother Earth Day Page 54 of 500 Collaboration Events Everything's better with a bigger team! Giving Back members at the MYAC Skate NightPage 55 of 500 ●In collaboration with the Giving Back subcommittee, we hosted a Skate Night at the Gale Centre from 8-10 pm. This event was planned in collaboration between Just For Fun and Giving Back. ●The entry fee tickets were $3, an additional $5 to rent skates, and concessions were available until 9 pm. ●The event was a huge success and all proceeds went to supporting Project Share. ●Due to the popularity of this event, the Skate Night has now become a staple event planned by MYAC with high school students eagerly waiting for the next Skate Night MYAC Skate Night -February 10th, 2024 Page 56 of 500 ●To end the 2024 MYAC year, we hosted our annual MYAC Movie Night. This event was planned in collaboration between Just For Fun and Giving Back ●The event was held at Fireman’s Park from 7:30-11 pm. The admission price was $3 or a non-perishable food item to support Project Share. ●This year’s movie selection was done using a poll on Instagram with preselected movie choices. The MYAC followers chose between Kung Fu Panda 1, Jumanji: The Next Level, Minions, and Ratatouille, where the winner was Ratatouille. ●Along with the movie, there were outdoor activities and games to play such as Spikeball, Tug of War, and Frisbee, as well as food and popcorn to enjoy during the movie. MYAC Movie Night - June 2nd, 2024 Page 57 of 500 Year in Review MYAC 2023/2024 Page 58 of 500 Page 59 of 500 Thank You Page 60 of 500 PBD-2024-23 Report Report to: Mayor and Council Date: June 18, 2024 Title: Our Niagara Falls Plan - progress update on the new Official Plan Recommendation(s) It is recommended that Council receive PBD-2024-23 for information. Executive Summary Council was presented with the new Official Plan Project Initiation report on March 5, 2024 (PBD-2024-05) which introduced the consulting team of The Planning Partnership who have embarked on the preparation of a new Official Plan for the City of Niagara Falls. The project has progressed through Phase 1 (Project Initiation and Visioning, March- April 2024) with the initiation of consultation and community engagement and Phase 2 (April to June 2024) being the preparation of draft Discussion Papers. The next phase of the project includes the creation of a policy direction for the Official Plan (Phase 3 which will proceed from June through to the end of August). A September update at the Meeting of Council is targeted. The project is on schedule. The input received to date is guiding City Staff and The Planning Partnership towards crafting a vision for the City of Niagara Falls and the Official Plan document. Continuing consultation and input will ultimately lead to crafting a vision and the major policy directives for the Official Plan document. Background The City held a Special Meeting of Council on March 5, 2024 to formally advise Council, stakeholders and the community at large of the initiation of a new Official Plan for the City of Niagara Falls (called 'Our Niagara Falls Plan') and to invite public input. The new Official Plan will replace the City’s 1993 Official Plan which has become cumbersome with numerous amendments and an outdated planning approach. Along with a more current planning approach, the new Plan will be consistent with and conform to the Provincial and the Regional policies and documents. The Planning Partnership and City Staff are monitoring potential changes to Provincial policies and will ensure that the new Official Plan will conform to any changes that are in effect at the time of approval. It is noted that, should the Niagara Region eventually lose its Planning Page 1 of 60 Page 61 of 500 Authority, the City’s new Official Plan will still need to be consistent with the Provincially approved Niagara Region Official Plan. The project is envisioned to proceed over five phases: Phase 1: Project Initiation and Visioning; Phase 2 – Discussion Papers to explore key strategic topics that will guide the Official Plan; Phase 3 – Policy Direction; Phase 4 – Draft Policies for consultation and review; and Phase 5 – new Official Plan. Phase 1 has been completed and Phase 2 is well underway as outlined in this report. Analysis Phase 1 The first phase of the Our Niagara Falls Plan involved the initiation of the project at a Special Meeting of Council on March 5, 2024 and the introduction of the City’s Planning Consultants – The Planning Partnership. A key objective of the project is to encourage and provide a variety of opportunities for consultation and engagement from the community, Council, stakeholders and our First Nations. These consultations and engagements were undertaken during Phase 1, as outlined below, and will continue throughout the project timeline. Public awareness of the Our Niagara Falls Plan project through:  creation of a branding strategy by the City's Communications Department, that is used for all communications and documents  postings on the City’s website;  printed posters (located at City Hall and MacBain Centre);  information postcards (distributed at public events, on the poster stands at the MacBain Centre and City Hall, and distributed at the Gale Centre, Culture Hub, Museum and libraries.  ongoing social media posts on Facebook and Instagram;  introductory project video released at the March 5th Meeting of Council and subsequently played at the City’s public video screens and on social media since then;  information inserts in the City’s water billing cycle commencing May 14, 2024 and informational wording on water bills;  Newspaper Notice of the Project (published March 23rd). This educational campaign was intended to invite participation in the project by contacting Staff, our Consultants and by visiting the Let’s Talk Niagara Falls social platform to stay up to date on project progress and to access material. As of the end of May there were 1,550 unique visitors to this page. Page 2 of 60 Page 62 of 500 Public engagement through the Let’s Talk Niagara Falls platform with:  An invitation to online visitors to post their thoughts on the completion of the phrase “In 2051 my Niagara Falls will have….” . A total of 19 posts were received and included thoughtful and creative views for the future Niagara Falls. (Appendix 1, Part 1)  Online survey #1 which asked the questions: o What makes you proud of living in Niagara Falls? o What part of the City do you enjoy spending time in? o What’s most important to you for us to address in new policies in the Official Plan? Emerging Themes from Survey #1 According to The Planning Partnership, the preliminary themes that have emerged from the over 120 survey responses received (Appendix 1, Part 2) included: 1. Housing and Homelessness 2. Focus more on the non-tourism aspects of the City 3. Protection of the natural environment over continued sprawl and development 4. Transportation - Road improvements, cycle routes, trails and traffic 5. Appearance of the City – need for improvements (beautification) to the public realm/urban fabric, quality of the built form/architecture, and maintenance of roads. 6. Protection and improvement to parkland system 7. Property maintenance standards – vacant/abandoned or decrepit buildings Community and stakeholder consultation through  One-on-one telephone/virtual calls (20) with the Consultant’s Project Manager offering anyone the opportunity to speak to a live person;  One-on-one meetings with the Mayor and City Councilors;  Preliminary stakeholder meetings with five groups including: the City BIAs; Industrial Representatives; Environmental Groups; Builders Associations large developers (see Appendix 1 Part 3); a breakfast meeting presentation to the Niagara Business Club and a meeting with Economic Development;  A presentation to the Mayor’s Youth Advisory Committee and the subsequent identification of Youth Ambassadors for the project who will coordinate input from their peers;  Classroom engagement at two local Secondary Schools and an elementary school;  In person engagement with booths at the Niagara Network Trade Show(by invitation) on May 9th and the City’s Mother Earth Day event on May 11th. The Mother Earth Day event afforded Staff an opportunity to gather the views of the City’s younger residents ranging from 6 to 13 through a question and colouring project. Generally, this group saw parkland and entertainment/cultural venues as the places they most like to visit and identified cars and bikes as the most used way to travel around (see Appendix 1, Part 4); Page 3 of 60 Page 63 of 500  A Notice of commencement sent to the Mississagas of the Credit First nation and the Six Nations;  Technical Advisory Team meeting #1 (March 18, 2024). Members of this team include staff representation from the City, Region and Province, NPC, NPCA, Niagara Transit, Utilities and Public Services relevant to land use These survey and public consultation responses have been considered in the preparation of the Phase 2 Discussion Papers as further outlined in this report. Phase 2: Discussion Papers A series of topics that are deemed of relevance to how the City grows to 2051 were grouped into Discussion Papers to help facilitate focused discussions on the varying components of the Official Plan. The Papers will provide the background and policy context for consideration in creation a policy direction for the Plan. They include: A Growing City: As Niagara Falls grows, it will need more housing and employment. Where are we looking to grow, what type of housing will be needed, how will it be designed both in the built areas and new expansion areas. An Attractive City: The City is a destination and a gateway to our Country. How do we improve the aesthetic appeal for those that live here through quality urban design along streets and public spaces; quality in architecture; building heights; parkland dedication while improving accessibility. A Connected and Mobile City: Connecting and integrating all forms of transportation including: automobiles, transit, train, trucks, pedestrian, cycling, mobile devices into sustainable transportation network that supports a livable, working community. Page 4 of 60 Page 64 of 500 A Green and Resilient City: Integrating our natural and green spaces to help us adapt to a changing climate; creating urban forests and urban agriculture, protecting our natural heritage and water system, and using that to our advantage in creating a resilient City. An International City: Recognizing what we have as a World Class City and utilizing it to create a sustainable tourism sector including accommodation options and opportunities, and attracting new employers. A Cultural City: Recognizing Niagara’s strong base of significant cultural heritage resources and identifying what culture means to the City: built heritage, archaeology, Indigenous involvement, social/public art, educational facilities and social spaces. Community Engagement and Consultation for the Discussion Papers included:  Technical Advisory Team meeting #2 (May 13, 2024) to discuss the content of the Discussion Papers.  Two in person Public Open Houses that were held on June 6 and 3 virtual sessions that were held on June 11. The intent of the Open Houses was to present the topics of the Discussion Papers and gain consensus on the community's vision for the City. Each session commenced with a formal presentation, followed by a focused discussion on each Discussion Paper;  Advertisement of the Public Open Houses on the Let’s Talk Niagara Falls platform, in The Niagara Falls Review on May 25th, and notice sent directly through email and regular mail to all who requested notification or submitted a survey, met as stakeholders, prescribed agencies, those sitting on the project’s Technical Advisory Committee, our Indigenous partners, Committees of Council and Council Members and Senior Staff at the City;  The Discussion Papers were being presented in two forms – a full document exploring each topic in depth and a one-page summary for each theme. They were made available ahead of the Public Open Houses outlined before with a posting on the Let's Talk Niagara Falls Official Plan page on June 3, 2024;  A second online survey will be made available in early June to gather input on the Discussion Papers and further refine the priorities of the community and stakeholders. Page 5 of 60 Page 65 of 500 The Planning Partnership will be presenting a summary of both the Phase 1 and Phase 2 feed back received to date at this evening's meeting. Phase 2 feedback could not be included in this report due to report preparation deadlines. What was heard at the Open Houses will be presented by TPP at this evening’s meeting and will be made available at a future date. On April 10, 2024, the Province introduced the revised draft Provincial Planning Statement document in an effort to combine the Province’s Provincial Policy Statements and Growth Plan into one document. A review of these proposed changes were brought forward to Council on May 28, 2024 by way of Report PBD-2024-20. The Planning Partnership team have considered these changes in their draft Discussion Papers and will continue to monitor changes in Provincial policy throughout the project. Next Steps – Phase 3: Policy Directions Based on the work and feedback received through Phases 1 and 2, Phase 3 will involve the creation of preliminary policy directions. A Phase 3 survey will explore more details regarding what policy direction and policies are important to the community through continued community and stakeholder engagement, the results of which will be presented Council in late summer. Community engagement and consultation during Phase 3 will include:  Technical Advisory Team meeting #3 to present preliminary policy directions;  public information sessions in late July to present preliminary policy directions;  youth focused workshops with the Plans Youth Ambassadors; meetings with Committees of Council (all have been contacted);  working sessions with the stakeholder groups consulted with in Phase 1;  further consultation with our First Nations partners (as per their consultation request);  an on-line survey on the Let's Talk Niagara Falls page to seek broad based input on key policy directions;  pop-up information sessions at various City locations and events to gather further survey participation by residents;  Council Meeting in late summer to summarize the policy directions and the public/stakeholder input. Vision Statement Through online surveys, public one-on-one discussions, conversation at public events, specific words and phrases tend to emerge as the most common heard. These words and phrases together provide a picture of what the community sees for it’s future – its Vision. Tying these words and phrases together, and adding in further contributions, will help the City and its Planning Consultants create a Vision Statement for the Official Plan that will shape and frame the Official Plan policies as they develop. Page 6 of 60 Page 66 of 500 Financial Implications/Budget Impact There are no direct financial implication arising from this report. Strategic/Departmental Alignment The Our Niagara Falls 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. List of Attachments Appendix 1 Responses received to date (compressed) Written by: Francesca Berardi, Senior Official Plan Project Manager Submitted by: Status: Andrew Bryce, Director of Planning Approved - 10 Jun 2024 Kira Dolch, General Manager, Planning, Building & Development Approved - 10 Jun 2024 Jason Burgess, CAO Approved - 10 Jun 2024 Page 7 of 60 Page 67 of 500 Appendix 1 Our Niagara Falls Plan - Responses received through Public Engagement 1 Part 1 “In 2051, my Niagara Falls will…” visioning question to May 21, 2024 Falls view vista eateries One thing Niagara Falls needs is an environment that attracts foreign visitors who want to slow down and enjoy the scenery. If you visit Europe there are many opportunities to just sit , catch a local coffee or treat and watch the world pass by. People love to be among interesting people and watch them go about their affairs. Rather than push people through the sites offer visitors an opportunity to sit near ,over around the falls where they can sit in open air and enjoy a coffee or lunch while gazing at the Falls or as people hustle about. That is the European formula and everyone loves it. It's also good for business. If people are forced to pay a high price to park give them something to sit and relax in an outdoor environment like a café style offering local delicacies. Bring some European style culture to Niagara Falls. NPC owns lots of land and they can designate areas for cafes and sit down space looking out over the falls or just as people walk about on the grounds. Lets make the Falls area not just a viewing opportunity but a refreshing experience. Cultural City Streetscape The City of Niagara Falls has many diverse needs and is benefited and burdened by tourism. The City needs to invest in moneymaking tourist amenities while also attending to the needs of residents. By investing in a regional streetscape improvement plan, both groups (tourists and residents) will benefit. Walking along the Niagara Parkway is a beautiful and enjoyable experience; however, once you leave the parkway, the area's walkability, bike ability, and connectivity dramatically lessens. Poorly designed sidewalks with insufficient curb cuts makes exploring outside Clifton Hill and the Parkway difficult. It's hard to encourage tourists and locals to walk/bike/push a stroller or wheel a wheelchair to other parts of Niagara Falls because of the lack of adequate sidewalks and bike lanes. For example, when walking from Clifton Hill to Queen St, the direct route is Victoria Ave, an uninviting bleak stretch of road. This road is a main thoroughfare and needs to encourage tourists and locals to get out and enjoy the city. Another reason for investing in streetscape is that as climate change makes the region less snowy and more rainy, the city needs to adapt to accommodate for an extended tourist season and the desire for more walkable neighborhoods. During streetscape renovations, added infrastructure to tackle increased rainwater runoff should also be implemented. Connected & Mobile City Ban stack 'em and pack 'em housing I don't think anyone wants this "high density" ridiculous build form. Attractive City Let's call the world to Niagara falls City Niagara falls city want travelers to be attracted to your city, then you have to stand out. Find out what features make it stand out from other cities around the world. Highlight the main features that make the city worth traveling to. This can include unique cultural activities, historical landmarks, diversity welcoming places and cultural foods, different museums unique architecture, streets and also attractive game zones for visitors. Thank you! International City Stop the Surveillance City! This would mean getting rid of all existing city and or region managed cctv and speed cameras. As well as backing out of any agreements / initiatives including vision zero. With the prevalence of cheap facial recognition, and tracking technology, we must say no now. Growing City Decent and expanded roads As the density is increased the roads get more and more clogged. Arterial roads such as Dorchester, Drummond, etc... need to be widened. They should've been made 3 lanes a long time ago, but now it's getting ridiculous. In Niagara cars are much more important than the useless public transit. Treat them as such. The road quality is also horrible, we want decent roads, not overly complex and expensive asset management. Connected & Mobile City A safe family community I hope for a family friendly Niagara Falls. One that isn't focused and invests only on tourism and seniors, but also on families. I hope for a city that invests in children, in their education, emotional and social well-being by providing more than one community Centre and pool, with free year-round drop-in activities for our youth and families and not just children under 7. For a City that is safe and clean for all, so no one has to worry about used needles on the sidewalks and playgrounds, or of human Page 8 of 60 Page 68 of 500 Appendix 1 Our Niagara Falls Plan - Responses received through Public Engagement 2 traffickers that exploit the children and women of Niagara/Canada. A Niagara that takes care of their Canadian citizens, and gives back to their hard working citizens that make Niagara the tourist attraction that it is through decent paying jobs so everyone can make ends meet in this economy and not just city workers. Let's spend less on fireworks and more on feeding Niagara's families. Let's make the city more fun and inviting for all with cultural events and attractions such as a state of the art children's museum, aquarium, theme park, hockey team, indigenous events, etc. Niagara Falls makes lots of money in tourism and this is not reflective in the community. Let's take care of our own first and have a healthy striving one. And let's not forget Healthcare. There are no experienced family and pediatric doctors taking new patients in Niagara for years now. Weekend local healthcare is virtually non-existent and a trip out of town to an urgent care is the only option. There are only 2 female walk in doctors and no pediatric walk in care in Niagara Falls. Mental health waitlists for children in the region are way too long and not sure if there is anything available for adults. Niagara Falls is in a crisis and needs lots of help from the City for a prosperous future. Growing City How Will This Effect Our Taxes How will this effect our taxes. We the tax payers in Niagara Falls are the highest taxed in the region. And are getting upset. With the 7.2% increase from the city and the 7.2% increase this year 14% its not fair. Stop the tax increases and start charging more to developers to supply new equipment for Fire departments, snow removal, grass cutting, Enough rebates and start charging. Growing City ......a robust active and public transportation system I use my two feet and bicycle wheels to travel a lot around the city. I have a car but much prefer alternative modes of transportation. In the fall of 2023 I did a charitable bike ride. I rode my bike 22km a day along a route that I purposely chose to be the "safest" from the front door of my house and back. I tried to exclusively use roads where bike lanes and bike paths existed. And.....there was still a ton of times and places where I was almost hit by a vehicle. I submitted my experiences to city council, outlining where my ride was pleasant and the areas where it was unpleasant. A response I received from a few pointed me in the direction of the cities 2011 Active Transportation plan. This document says a bunch of amazing things for both public and active transportation. It uses a lot of buzzwords to make it sound like active and public transportation was and is a priority. It showed plans for active transportation improvements. It advised for public transportation improvements. It outlined a 12 year plan (2011-2023) to develop a robust bike lane network in the city. Looking back on this document in 2024: so few of these plans and ideas have actually been completed. I'd say less than 10% is even a generous estimate. We still do not have any way to safely cross the city on a bicycle from east-west, west-east. We are currently re-doing streets that are included in this bike lane plan, and are not implementing them in the new design. I ask why and am given a myriad of excuses every time. "They will be considered in the future". "There are no connecting bike lanes, why would we install them here?". We had a great plan in 2011 with the active transportation plan we developed, we just didn't execute much of it at all. It's 2024 now and we are making both a new city and active transportation plan. What will be different this time to execute actual change? We can make all the plans we want but what is the point if we don't take it a step further and implement them? Connected & Mobile City Safe, affordable and reliable infrastructure In 2051, my Niagara Falls will have all the essential transportation, healthcare, energy, water and waste management infrastructure to support the community. This infrastructure will accommodate a changing climate, protect the environment while being reliable and affordable. Growing City Industrial Parks Industrial zones that are tax exempt will bring in much needed investment followed by jobs. That is a sure way to boost the local economy. Growing City A Clean, Vibrant Community that is Free from Litter I hope for a city that focuses on keeping the city clean. There is a huge issue with litter - take a look at the side of major roads, off ramps, on ramps, and even city trails. Whether it’s cigarette butts, flyers, or stray needles, there is an abundance of litter, garbage, and trash. I am hopeful the city can create new jobs for people to pick up the trash, keep the streets clean, which in turn would encourage people to get outside and utilize the beautiful space we have. I would love for the city to prioritize this issue so that all areas of Niagara Falls are beautiful, and not just the gardens by the Falls. Green & Resilient City Page 9 of 60 Page 69 of 500 Appendix 1 Our Niagara Falls Plan - Responses received through Public Engagement 3 A City that is Thoughtful of All I am hopeful for a city that actively focuses on getting feedback from its residents - not just people who might happen upon this survey because they follow the City of Niagara Falls on Facebook. How are we actively trying to gather feedback from ALL communities in Niagara Falls? This includes new people to the city, senior residents, teenagers, etc. How are we making this easy for people to share their ideas - if English isn’t their first language. Everyone has valuable insight to share, but we need to make sure we have a city that is inclusive of all these ideas. Connected & Mobile City Public Gardens and a Focus on Education I am not a stranger to what it's like being poor. Fortunately in my years I have found pleasure in the ever rewarding hobby of gardening. This hobby would save my family from having to shop for vegetables during the summer. In 2051, my Niagara will have many public gardens for its residents to grow vegetables annually, positively impacting the lives of those in low income neighborhoods and teaching a skill that is transferrable. Teaching people how to grow their own food could be life saving to those who cannot afford fresh produce. In 2051 my Niagara will have a higher standard of education similar to that of cities in the GTA. Educators will have support from city resources to encourage its youth to strive for big goals. Through this focus on education, our children will grow up to become professionals and hardworking individuals with a strong drive and a passion for their careers. More support for our schools goes a long way. Green & Resilient City The Government needs to see and fix the rent problems. In the past 25 years I lived here I have seen Niagara Falls taking there eyes off problems that need to be addressed. There should be a committee alone just to look into making affordable places for rent where low income can eat and rent. People should not have to choose to eat or rent. I'm sorry but truth is this city has deteriorated so much every year with cost of food , cost of utilities, cost of transportation, cost of activities like sports, it a fortune for equipment, and means low class children are not welcome. and the amount for disability and pensions is forcing people to do without. I'm surviving barely yet so very many are not surviving. And I don't understand why they did not keep the small police station for downtown area and I believe the justice system needs more freedom to make this city safe to live and visit. And I love everyone but understand why so much emphasis on other Countries when we don’t take care of our own. It breaks my heart what other Countries are going through, but if we don't fix us first we really cant help others. This use to be such a beautiful Country , then we got rid of so many traditions and changed to add other Countries traditions. But everything I wrote the Government knows and think it does not deserve to have there time or finances wasted on this Country. Example during Eclipse prices went through the roof to assure only those with big dollars could enjoy, low class had to tell their children they were not welcome or able to afford it. And Mayor was happy last week talking about new school downtown and a dorm, will there be openings for low income, not likely. I've gone on several sites to read reviews of Falls and I was really hurt that the negative ones way out did the good ones. I really believe we should bring back the real Canada. When you look up at 3:25 AM in a Tim Hortons and 2 girls dirty asking nicely for 5$ for food and you find that them and family live on streets, It's wrong, and they bought food. Growing City Time for innovation and Action. I have spent my entire life living in Niagara Falls, it has been a genuinely miserable city to live in despite the population growth and natural beauty. It's time for the city to finally give the community what it's been asking for. Better public transportation, better public amenities, affordable housing with priority to first time home buyers and those experiencing homelessness. You can even go from the McBain Community Center to Queenston heights without paying out the nose for gas and parking. I'm in my mid 20's and not a single person in my age group is planning on staying in the Niagara Region due to these issues. Everyone here feels like the city doesn't care if everyone moves away because people with more money will just move in and take their place. If that's the plan the local and provincial governments want to move forward with, then fine. But don't act like everything is fine just because businesses got to add to their excess wealth because of the crowds brought in by the recent eclipse. This city has the potential to become a true beacon of education, natural beauty, job opportunities, and so much more. The city needs to act and actually take these steps as opposed to just kicking the can down the road. The only semi good public transportation are the WeGo busses and they almost exclusively serve Niagara Parks and the tourist districts. We should have a local train system running through the Niagara Region (Other than the Go Train which mostly serves the GTA), incentives Page 10 of 60 Page 70 of 500 Appendix 1 Our Niagara Falls Plan - Responses received through Public Engagement 4 for local first time home buyers to purchase in the Niagara Region, more facilities serving people experiencing homelessness and those suffering from mental illness and addiction, and more funding for local education on all levels. Yes, Niagara University seems like a good start, but one win after a mountain of disappointments means nothing if it leaves locals in the dust. Thank you, and I hope to have a better outlook on the city I used to love in the near future. Connected & Mobile City Year Round Residents I’ve lived in Niagara Falls my entire life. While millions VISIT the city each year I don’t think enough is done for its permanent, year round residents. Road work that is years over due, transit system that is lacking especially with the rapid increase in population. There needs to be more advocating for GO train expansion. Tourism brings in a hell of a lot of money to this city, that revenue needs to be spread out more to non-tourism areas. Growing City Climate change Niagara Falls and surrounding area is blessed with a watershed that is a natural treasure of distinct cultural, geological and biological aspects not found elsewhere in N. AMERICA. IT is part of the Carolinian Life Zone and is one of the most biodiverse AND THREATENED ecoregions in CANADA AND IS IDENTIFIED AS the area with the highest % of loss of wetlands in all of Ontario. Our watershed and forests, wetlands and all remaining green areas are OUR ASSETS to protect, keep our city ENVIRONMENTALLY SAFE AND HEALTHY from the impacts of our changing weather patterns/climate change. Our OFFICIAL PLAN must reflect our respect and appreciation and gratefulness of being blessed with these magnificent natural features. We cannot afford to lose any more to sprawl development and our politicians, citizens, business, developers must prioritize and make sure our policies and regulations keep us safe now and for future generations to live in a habitable world. We must have highest standards and environmental excellence throughout our city not just in the NIAGARA PARKS area. Green & Resilient The Most Environmentally Focused Co-op Housing in Canada! In 2051 the city of Niagara Falls, known for it's beautiful parks and Falls, is also the most cooperative community in Canada. Niagara Falls supported its residents by creating co-op housing that is focused on environmentally conscious buildings that essentially power themselves while increasing the green space available for all residents to enjoy. Back in 2025 residents gathered together to start this new way of living where it is illegal to destroy any natural environments giving trees, water and even air the right to exist without fear of destruction. All new builds had to incorporate the surrounding nature and its preservation as a part of building plans and development. It is something that all residents are proud to be a part of, an affordable inclusive community that cares for it's natural resources! Green & Resilient Better roads As density increases, so does traffic. Widen roads with a focus on cars. provide alternate avenues for "active transportation". Connected & Mobile City Reject super high density The new complex on Dorchester is awful. No one should have to live like that. Attractive City Page 11 of 60 Page 71 of 500 Appendix 1 Our Niagara Falls Plan - Responses received through Public Engagement 5 Part 2 Survey #1 responses received April 6 – May 21, 2024 – Let’s Talk Niagara Falls What makes you proud of living in Niagara Falls? What part of the city do you enjoy spending time in? What’s most important to you for us to address in new policies in the Official Plan? Think about land uses, the city's appearance, how people move around the city, etc. Lyons creek Green spaces Wildlife The beautiful falls The amazing stores on Clifton Hill Clifton Hill and the falls area A Community centre to keep the kids off the streets Different kind of events It’s always been my home. The parkway Not much. Beautiful environment, but potential is not being used in sustainable, community creating manner. Neighbourhood parks, parkway, anywhere near the water. Upkeep of community parks and POOLS, more continuing education and special interest courses and classes being offered, art and culture - place making - hire local graffiti artists to paint the outer walls of old industrial buildings near the bus depot, refurbish the old hotel to create more affordable housing or a youth hostel. Rehabilitate abandoned buildings instead of building new and further fracturing local habitat, Green spaces Biodiversity Bruce trail Needs improvement Firemens park, botanical garden More seniors housing - affordable recreational, good design in denser housing - 6 units, et The amount of outdoor activities we can do Tourism district More green space. Newer playground equipment. More walking/bike paths in northern falls The Natural Beaty. Calm surrounding and best neighbour hood and of course the Falls. Chippawa Trails Bike Beautiful Niagara Falls. Surrounded by Natural Beauty and friendly neighborhoods. By the Falls and Bruce Trail Free parking for locals Touristy aspect Clifton hills Transportation choices The wonderful people!! The beautiful landscapes. Hiking trails, kids parks, McBain centre and local restaurants Housing The opportunity of living in such a diverse community with living options and resources for new and old Canadians alike The gorge/nature walks More bus/travel routes, perhaps more direct bus routes to other cities ie ft Erie, welland Lots of activities Queen st More bike and pedestrian friendly The natural landscapes The outlet or the nature trails More affordable housing options I am proud to live in Niagara Falls because of the small community feel. Parkway. More green space, more utilization of parks. Less focus on tourists, more on residents The attraction and tourism Clifton hill The roads are terrible for a place that attract people from all over the world ( promote tourism) Its people, its nature, its location. Trails Preserving beauty and free parking for locals Type an answer Toronto Idk The beauty of the falls, city and its uniqueness. The special areas within the city such as Clifton Hill, well-built neighbourhoods and communities. The easy highway access around the city. My neighbourhood, date nights at Clifton Hill/surrounding area. I especially love my neighbourhood because everything needed - schools, groceries, gym, library, banks, etc. etc., is within walking distance. Communities which make sense - regarding green spaces, playgrounds, trails/connectability and communities that are highly walkable for all needs (including commercial). Page 12 of 60 Page 72 of 500 Appendix 1 Our Niagara Falls Plan - Responses received through Public Engagement 6 What makes you proud of living in Niagara Falls? What part of the city do you enjoy spending time in? What’s most important to you for us to address in new policies in the Official Plan? Think about land uses, the city's appearance, how people move around the city, etc. Low crime rate, location to Toronto and the US My own neighbourhood. Walking trails Public transit needs an overhaul with the increased population. More money needs to be spent OUTSIDE of the tourist areas. It's beauty Proud to live in a City that has some beautiful natural wonders. Grateful to live in a neighbourhood with such great people. Proud that we have orchards and vineyards so close to home. Like that our city is small enough to get anywhere in less than 15 minutes. The Thundering Waters Golf Course, beautiful green space home to so many animals. Replace derelict structures with temporary parks or useful infill homes. Remove dangerous encampments. Remove encampments. Remove encampments! The Niagara Falls Public Library!!! Stamford Centre The natural environment and agriculture!!!! Nothing anymore I can't even enjoy my home anymore I have drug addicts just randomly choosing to walk up our driveway and sit on our stairs Stop bringing people in stop building on virgin land I don't want to live in Toronto I choose to live in a Niagara Falls because of the beautiful country areas so close by Our unique natural landscapes, ecosystems and very unique biodiversity ..we cannot afford to lose anymore through sprawl development. WE need our green spaces preserved to mitigate climate change and for citizens mental and physical health. Niagara Parks, Duffferin Islands, Fireman's Park, Millennium Trail, Heartland Forest, Bruce Trail, conservation areas throughout our region. Employment lands, commercial, industrial, manufacturing should not be designated close to our Natural green spaces, natural water resource systems. They must be restricted to lands that do not enfringe upon, our Natural environmental spaces, displace wildlife, destroy wetlands, diminish, pollute ecosystems We have lost too much of our wetlands, ecosystems, biodiversity that is putting our city risk. A healthy communities is a community that prioritizes its natural herirage. We should be expanding in ward within infrastructure availability, close to transit, business centre's, shopping, retail, commercial business. USE BROWN FIELD LANDS and abandon spaces within our city. Our city centre , downtown core needs hugh investment rather than sprawl development, urban development. Our cities general appearance is poor, too many vacant deteriorating buildings., vacant unkept lands. We should provide incentives to businesses for beautification. MANY LANDLORDS DO NOT TAKE CARE OF THEIR PROPERTIES. POOR CITY ENFORCEMENT FOR BEAUTIFICATION /APPEARANCE. We need much higher standards set into our OP. Our transit system in city and between cities need much better investment, improved scheduling, and transition to electric vehicles to reduce emissions. OP must address the 21st century reality of climate change iimpacts and future urban design that promotes fossil free, alternative green heating for new builds must be stated in our OP. Our OP PLAN MUST MEET 21ST CENTURY ENVIRONNENTAL BEST PRACTICES/URBAN DESIGN and set high standards to SET PRESIDENCE that clearly states these high standards are not negotiable. Niagara Falls has alot of work to do to bring our city up to a ecotourism economy and 21st century planning Page 13 of 60 Page 73 of 500 Appendix 1 Our Niagara Falls Plan - Responses received through Public Engagement 7 What makes you proud of living in Niagara Falls? What part of the city do you enjoy spending time in? What’s most important to you for us to address in new policies in the Official Plan? Think about land uses, the city's appearance, how people move around the city, etc. model city . We should settle for nothing less than excellance and highest standards given we are a worldwide destiny. In my opinion we should be much be better with much higher standards since we have been blessed and have total advantages over many cities with our natural beauty gifts. Instead we have chosen to diminish these unique gift for developments that have aniliated our ecosystems, natural heritage systems, put our water resources at future risk. Our residents health and right to live free of pollution, encroachment of industrial sprawl must be paramount, not the rights of developers who see only their bottom line. OUR OP SHOULD SET CLEAR POLICY THAT developers must abide by and not request rezoning that subjects citizen, TAXPAYORS to unhealthy, pollution, noise, toxins, etc. We need strict aggregate regulations that are clear do not allow development that has not proven need and does not utilize farm lands, relocate water courses, destroy wetlands, displace wildlife and put citizens at risk to health issues. Having one of the world’s greatest wonders Trails and parks Attracting investors on manufacturing and technology so local residents will have a sustainable income and not rely solely on tourism. Niagara Falls is part of a Region that is a nice place to live with a broad range of rural and urban settings as well as geographically located close to big city like Toronto as well as the USA. Specific to the city there is room for improvements / enhancements to increase the appeal to citizens. Along the Niagara River Parkway Land use with respect to the development of subdivisions and other housing options and with that the consideration of the impact on traffic and infrastructure Unfortunately, nothing. As a resident, it feels as if the city is primarily focused on our tourism sector and less on our residents. Understandable that our city thrives on tourism, but we nothing to offer besides that. No specific area. I find i enjoy my time outside. I appreciate the recreational trails for biking, as i do not feel safe biking on our roads (even with the bike lanes). If the designated bike lanes had barriers like in Toronto or even Calgary, i would feel much safer. I wish to see our transit system grow to be more frequent, and user friendly. I do like that the Transit App allows up to purchase tickets. I think it needs to be advertised more/spoken about more. If my boyfriend did not use the app before, i would not have known about that. I think that bike lanes should have a barrier of some kind. I believe this would help to promote a healthier lifestyle for residents. On that note, more bike trails that connects the city ends. Nothing anymore! The subdivision that I live in. The cities appearance is real nice around the tourist area. The rest of the city you’re falling into potholes. The new exchange I mean in ferry is a waste of money, people are already complaining that they are being harassed by homeless people for money. Tourist don’t go that far up the hill unless they’re looking for a hooker, drugs, or a strip joint, it’s probably the worst part of the city. I love my hometown Chippawa. Chippawa Addressing the housing crisis with affordable housing, spending money throughout the entire city, keeping access Page 14 of 60 Page 74 of 500 Appendix 1 Our Niagara Falls Plan - Responses received through Public Engagement 8 What makes you proud of living in Niagara Falls? What part of the city do you enjoy spending time in? What’s most important to you for us to address in new policies in the Official Plan? Think about land uses, the city's appearance, how people move around the city, etc. to recreational activities affordable that are owned by the City. Niagara Parks Commission My own home and Niagara Parkway Increase the population housing density. Stop letting neighbours have negative influence on housing initiatives that include apartments. Build affordable housing for the poorly paid employees of tourism. Have an affordable transit system that is efficient and timely so we don't need so many cars. Love the idea of making the area near the falls carless. I used to be proud of living in Niagara Falls, but lately I am not. This is due to the deterioration of the natural environment (cutting down of city trees), urban sprawl along with the increased traffic, litter strewn on streets and hydro fields, homelessness and the general disregard by some city council for local residents and their quality of life. Queen Victoria Park during off season times Land use: • limit urban sprawl • specify that new strip malls must include 2 to 3 floors of low cost rental units or housing options • build more low cost rental units or housing options • design "20 minute" neighbourhoods with facilities • build residences for homeless • mandate developers to build homes that are needed, not just homes that are the most profitable • do not rubber stamp every development, which often leads to "land banking" Appearance: • control the cutting down of trees on city boulevards and property • clean up the litter found throughout the city • dismantle unsightly / abundant or uncompleted structures (Planet Hollywood, structure on Stanley and Dunn St.) • encourage the planting of trees on boulevards Moving people around: • develop an efficient and coordinated system of trails (especially along the numerous hydro fields) and bike lanes that will allow walkers and cyclist to move safely throughout the city. See the city of Copenhagen for ideas and inspiration. Include a definitive plan that mitigates the negative effects of climate change (ie: increase the city's tree canopy, provide superior drainage for down pours). It certainly is not because of the Mayor or Elected Council members. Can't say I spend time in the city. It's too expensive Have more input from the local tax payers as opposed to council making the decisions not in the best of interest of tax payers. The appearance at best is only "ok" far too many vacant buildings. Grass cutting is terrible in parks. Niagara Falls is a recognizable location. People here are willing to help each other. We have a ‘small town’ feel in the non- tourism areas. So many - Outdoors = Fireman’s Park, Heartland Forest, Dufferin Islands, Horticultural Gardens; Social = our little church, Libraries, Amateur Theatre, non-chain Restaurants like Highlite, Betty’s, Triple D, Queens, Phil’s, etc; We must keep in mind: - Land in NF is limited. It must be used, developed & conserved wisely. - The tax base is limited. Funds must be used wisely - Tomorrow, everything we do today affects generations to come - Tourism is important BUT not at the expense of residents needs Page 15 of 60 Page 75 of 500 Appendix 1 Our Niagara Falls Plan - Responses received through Public Engagement 9 What makes you proud of living in Niagara Falls? What part of the city do you enjoy spending time in? What’s most important to you for us to address in new policies in the Official Plan? Think about land uses, the city's appearance, how people move around the city, etc. Family Gatherings = our homes & properties, parks, pools, arenas The resent interest in recreational infrastructure the city has invested in to create a place to participate in outdoor activities eg. bike trails, tennis courts, pools, basketball hoops. Our youth need this. Kingsbridge Park Have always felt it is a mistake to allow major businesses to group in one location of the city causing a traffic congestion or gridlock. Rather disperse them statically to minimize a crowd of vehicles. When we initially moved here we were impressed with all of the parks and green space. Of course, its reputation as a premier wine growing region was also an attraction. We use Wood End often. We travel the Niagara Parkway. We visit many of our golf courses and many of the vineyards. In essence anywhere outside. I think you need to put the well being of your citizens first; financial and physical. You seem to be prioritizing tourists over residents and profits over general well being. Industrial land and subdivisions don’t work side by side. Your vision for the future seems flawed. I have met numerous people who moved here to Niagara because of its climate and green spaces. Trees and fields and a wide open vista. Your approval of industries which negatively affect your citizens is baffling to say the least. I see no evidence of care, concern, or even awareness of the damning effects that certain industry has upon the region. Peace and quiet At home and some dog parks No pollutants like the plan of a quarry and waste in Beaverdams That it's globally recognised. Chippawa along the Welland River (Creek) Promotion of compact, walkable, innovative development with high quality urban design. Policies and plans which not only advocate, but emphasize and prioritize sustainable transportation safety, traffic calming walkability, and high quality bicycle facilities so that future generations can have viable alternatives to driving private automobiles. Transportation equity etc. Its iconic status as a world travel destination; the natural beauty and access to the parks and water; excellent pathway system. The park areas near the water in Chippawa. Policies that will encourage re-thinking and re-development of both the downtown (Queen Street) and south end (Main Street) areas. At present there appears to be no vision for either area. Being part of a tight community. It has a small town feel. Our beautiful parks, walking along the parkway and McBain centre Property value, health, environmental impacts. Let's not turn it into a concrete jungle for sake of profit. The community members make Niagara Falls wonderful. Please don't lose them to other communities as people become frustrated with development plans. Loss of more and more green space. Look to repurpose other areas. World known tourist City Horseshoe Falls We need to provide more affordable or free transportation for seniors disabled and students to alleviate traffic. Also we need to drastically upgrade our main roads to accommodate the quickly increasing population The natural beauty of the Niagara region City parks No upper quarry!!! No need for new quarry and regulations surrounding quarry are lacking and irresponsible as found by the auditor general, don’t ruin Niagara Falls with another quarry Page 16 of 60 Page 76 of 500 Appendix 1 Our Niagara Falls Plan - Responses received through Public Engagement 10 What makes you proud of living in Niagara Falls? What part of the city do you enjoy spending time in? What’s most important to you for us to address in new policies in the Official Plan? Think about land uses, the city's appearance, how people move around the city, etc. Plenty of employment in different areas be it seasonal, industrial, health or hospitality for those that choose to be employed. Open park areas. As you know, much of it owned by NPC and not as accessible or resident friendly as it once was. Infrastructure is important especially the way the city is growing. Real affordable housing, not just large cookie cutter homes with no yard or parking. Real fines implemented for those that dump in often dumped areas. The city is just looking dumpy/dirty in many areas. I was born and raised here in Niagara Falls. I love the community here. The neighborhood is amazing. The trails and parks Maintenance in residential areas, not just the tourist zones Not much, stores are closing, banks gone on queen street, vandalism, drugs, homeless,... Library, shopping,... Would be nice to have bike trail from 4th Avenue to stanley. More bike trails on roads near sidewalks, better bus routes (takes ne 3 buses to get the other end city 1 1/2 hours), problems for mobility vehicles to get in stores, ramp at project share useless since not straight with opening doors,..... The biggest reason is because it's part of Canada. I am much prouder to be Canadian then to be from Niagara Falls. Along the Niagara River, if that is still considered the city. It's away from the tourists and all the hustle and bustle. Frequent litter pick up all around the city. It shouldn't take a post to social media to get it done. Affordable living units for those who live here. Garbage pick up in the tourist sector shouldn't be right along the street. It looks terrible. Could this not be done behind the buildings or something. It's put out the evening before and there it sits. Disgusting. The Parks commission does a great job of beautifying the Falls area. Down by the Falls. Lovely walking area. Chippawa seems to have taken a hit lately. Our road work has been a disaster. Businesses have suffered because of it. I wish the city could pressure the owners of the building area by the former Boathouse restaurant. Giant hole dug. Unsafe and real eyesore. Genuinely nothing. The city of Niagara Falls only cares for tourism while letting housing and social programs grow incredibly expensive. Furthest away from the tourist areas. Mainly the nature walks and free of charge parks More affordable housing. Building condos and are great for an urban city with booming population, but it does nothing if the only people who can afford them are people making 6 figures from Toronto. Please focus on building condos and houses that give priority to first time home buyers, or else this city is at risk from everyone who grew up here just moving away. It's already happening The amount of space for housing Areas with houses Making it easier to build houses and building more houses We have our Las Vegas around Clifton Hill, but there are many Communities that are inclusive and provide a safe environment to raise a family. Our Residential Community. With a number of proposed developments in the west end of the city and the wonderful natural beauty of our Trails and Green-space, we do not need a proposed Quarry amidst these proposed developments. Say no to the Quarry. Being here my entire life The niagara river parkway trail The current shape of Lundy's lane from Garner to Ferry is in disgusting shape. Ever since the hotels on the Lane were discontinued as tourist hotels and everything was moved to the casino district, Lundy's lane has been terribly neglected. It needs a complete and full re-surface. The cleanliness of the city and the feeling of safety I enjoy the beaches and the Bruce Trail I would love to put a stop to the number of homeless people we are seeing in the area. They are loitering in local busy intersections and leaving trails of liter along the way The Falls, the people, the green spaces, the vistas, the rich agriculture, the climate and the The Botanical Gardens (Butterfly Conserv.); the golf courses; a walk above the Falls In order for the City of Niagara Falls to thrive, present and in the future, there needs to be a long-range vision. Niagara Falls is unique, must be preserved for future generations, Page 17 of 60 Page 77 of 500 Appendix 1 Our Niagara Falls Plan - Responses received through Public Engagement 11 What makes you proud of living in Niagara Falls? What part of the city do you enjoy spending time in? What’s most important to you for us to address in new policies in the Official Plan? Think about land uses, the city's appearance, how people move around the city, etc. wonder of all who consider us so fortunate to be living in Niagara Falls. and along the Falls; a walk in our Community of Fernwood. and must include the welfare of its residents and the preservation of our environment. Though some light industries and commercial operations can be welcome for employment, they CANNOT disadvantage the City with toxicity, or destroy agriculture, or alter green spaces; no incongruent skyscraper towers that alter the appearance of the City and block the view and access to the Falls, then rendered untenable. I am reminded of a tourist who 'critiqued the appearance' of the surrounding Falls area as dirty and abandoned; so, the appearance of the downtown area should be appealing and cleaned up. Provide free transportation (included in the Parking fees), from the Parking Areas (beyond Dufferin I.) to the Falls area = less ONEROUS Parking fees charged by local businesses could be an incentive to come visit the Falls. Niagara Falls should be a City where one can wander around. The GO Bus is appreciated by tourists; perhaps, more stops, routes in other areas. NO MORE QUARRIES ! The natural beauty of the falls and the great work done by Niagara Parks Commission to keep it beautiful. Driving along the Parkway and enjoying the sights. Stamford area is very attractive. City owned properties that could be adapted to affordable housing. Cleaning up areas especially along Bridge St. and the Downtown area i.e. Queen St. There's too many areas where commercial and residential seem to be intermixed. For example the section of Montrose Rd. where I live is commercial on the east side residential on the west The history surrounding the falls themselves Main + Ferry area, Downtown, Queen Victoria Park. Anywhere that's more designed for people to exist. Active Transportation, Public Transit, Third Spaces, Intensification, Streetscapes No new Quarries! Great place to raise a family north end Landscapes and ease of living and driving nearby places Niagara parks area and Niagara north end A high speed train or waterway connectivity to Toronto can definitely improve overall city prospects. With more and more remote/hybrid work coming up. A good public connectivity can help us attract next set of younger generation to city and help fund for a long time. Plenty of social services to access: recreation centers (Gail and Macbain), libraries, grocery stores, plenty of events for both tourists and locals... Home mostly haha. Otherwise, I enjoy the areas around the Macbain Centre. I appreciate the set up of stores in the area; Walmart smart centre is a great plaza for shopping, so is the Costco plaza. I also appreciate that there are local entertainment places such as the movie theatre and the go- kart track/mini golf. I am not a fan of Metro (as a company) however, I appreciate that there is a grocery store that caters to the needs of those Transportation certainly needs a boost. Between 2018 and 2021 I was attending Brock, however I did not drive then...I lived on Bridge St & 6th Ave. My route to school looked like: 30 minute bus ride (102 or 106 bus) to the Morrison Dorchester Bus Terminal, *approx 30 minute wait until the 55/50 bus to Brock which took another 30 minutes to arrive at the school. Making my commute a total of 1h30m ONE WAY (And knowing that Brock is a 17min~ drive from my house sucked). As a student, this was a lot of time taken up just to get to school. Of course to save money, I used the free bus pass given to Brock students. Though it was free it's disadvantages outweighed that benefit; the 102 and 106 lines would end at 6 or 7pm, meaning I had to commute early and leave early. This forced me to choose courses that ended before 6-7pm so that I could actually get home Page 18 of 60 Page 78 of 500 Appendix 1 Our Niagara Falls Plan - Responses received through Public Engagement 12 What makes you proud of living in Niagara Falls? What part of the city do you enjoy spending time in? What’s most important to you for us to address in new policies in the Official Plan? Think about land uses, the city's appearance, how people move around the city, etc. who appreciate a higher quality of grocery products (as opposed to the overall quality of Walmart, as an example). And the MacBain centre is centrally located, which I love. I also am very appreciative of the skatepark, it has a great layout and the guests are always considerate of others. It hosts a great place for people to hangout and enjoy. without having to walk a great distance in the dark (especially during the winter months). Certainly with the influx of new immigrants and international students, the transportation sector of NF must now be aware of how important the public relies on this service. I will say, from my experience, the bus drivers are very pleasant people and I appreciate that the buses advertise the Transit app. That app was a great tool for me to use while I was a public transit user. I rate my transit experience from 2018-2021 a 6/10. Public Gardens? I recently moved out of my family home and into a basement apartment with my boyfriend. I no longer have access to my own garden and I was wondering, since I believe St.Catherines has a public garden, if NF would introduce public gardens throughout the city, tended to by residents or a committee. I also saw recently that the city of Brantford is donating 400 trees of 10 different species to its residents to plant. I am unsure of their rules & guidelines, but I thought that initiative was pretty awesome. I would like the city to create more public gardens whether it's vegetables, plants, or flowers. This would also boost the overall appearance of the city; beautiful gardens for both tourists and locals to enjoy. I hope the city starts encouraging it's residents to create gardens. It is a CHEAP way for people to feed themselves; and it may offer a solution for low income individuals (who live on a property that has backyard space) to have fresh produce. Every May, my mother and I would go to Seaway gardens in NOTL, pick up trays of starter vegetables (tomatoes, broccoli, peppers, herbs, zucchini, cucumber, squash, cabbage, etc...and it would cost maybe less than 50.00$) and the summer harvest was always awesome. The abundance of food people can grow could be lifesaving for some. I work around the Silvertown neighborhood and seeing these property spaces, I'm sure there would be people interested in using their backyards for something useful if the city offers an "intro to gardening package" or creates a program that offers landscaping help. I think more people are interested in participating in free programs that help to educate them on new skills and encourages a healthier lifestyle. Poverty Dealing with homelessness in the city should be tackled using education and the help of trained psychologists, perhaps even with the aid of harm reduction centers. The major focus of NF is its tourism business, however, those of us who live in poor neighborhoods feel the city's Page 19 of 60 Page 79 of 500 Appendix 1 Our Niagara Falls Plan - Responses received through Public Engagement 13 What makes you proud of living in Niagara Falls? What part of the city do you enjoy spending time in? What’s most important to you for us to address in new policies in the Official Plan? Think about land uses, the city's appearance, how people move around the city, etc. neglect. Silvertown for example, is ugly. Its sidewalks suck, it's an industrial area, the grass around the sidewalks are not edged, yet it's beside Great Wolf Lodge who generates a huge income and brings tourists to the city. If the city focused on low income neighborhoods with the objective to revitalize or beautify them, not only would that make it's residents feel like they matter but it would also appeal to the tourists because of how beautiful our city's neighborhoods are even despite them being low income. Also, with the amount of families with young kids living in Silvertown, they deserve a park for the kids to play in (I am unsure if they have a park in their area). The Irony of The Exchange. I like the concept of The Exchange, I like the focus on the arts & culture of the city. However, given its location (near Main & Ferry) the neighborhood there is a ghetto. Whoever reads this, please don't think I'm dissing the neighborhood by calling it a "ghetto", it absolutely is a ghetto just google the definition The Falls and being close to everything Lundy's lane, Portage Road, the Parkway increasing density throughout the urban area Recreation It doesn't Grocery store Queen Victoria Park and the Niagara Parkway.. and everything east of it Dufferin Islands and Heartland Forest stop doling out building permits for commercial buildings until some of the stores and building that have been vacant for years are rented... we have too much retail... seems like every corner there is a strip mall... but so many vacant and run down buildings slowing down traffic not a dam thing chippawa A “small-feel “ rural culture is still present in Niagara Falls because the city is small enough though imbedded in a larger Niagara area . “Niagara Falls,” the name itself conjures world- wide recognition. So, tourism is a very important industry. However, moving forward, with the anticipation of population growth, we need more tangible employment opportunities such as IT and Health sectors come to mind. Our children need to have meaningful job prospects to keep them rooted here. We are an aging sector that needs the younger citizens to be closer to home. We educate our students and then when they cannot find employment, they leave Niagara. The North end…Fireman’s Park…we commend the city for taking this natural park from the Volunteer Firemen’s Club.. ( though this group did and continue to do a tremendous job caring for this jewel. We hope that our city workers maintain the pride and effort required to safeguard this beautiful land for our future generations. We love walking and cycling around the city streets and the Haulage Road ! We like to get down to the Parkway but find the surface of Stanley Road extremely unsafe ! This is the only route available to residents in this north-end. The City Appearance : city must address squalid conditions of homes and buildings that have deteriorated.. Have a plan to force owners to maintain properties … and act more quickly. For a tourist it is absolutely dispiriting to see the ugly neighbourhood say as Bridge Street on route to or from either the train or bus depots. The sooner the City rectifies this entire “first contact “ area the better. Also, though much effort is taken to clean the streets around the Falls, the rest of the residential streets are cleaned once in the spring and in the Fall, usually even before the leaves drop… this leaves residents to address cleaning the curbs but more than not, many cannot because of age …the streets become unsightly …pride of city begins at the home site. We need more consistent, “ even out-of- the-box “ attitude by city workers to address good infrastructure maintenance. Need more help to clear the massive leaves in the fall…leaves that drop from boulevards. Why not target the most “leaf” areas for assisting the residents…before we see the blocking of the sewers. Also, Seniors wanting to remain in their homes continue to Page 20 of 60 Page 80 of 500 Appendix 1 Our Niagara Falls Plan - Responses received through Public Engagement 14 What makes you proud of living in Niagara Falls? What part of the city do you enjoy spending time in? What’s most important to you for us to address in new policies in the Official Plan? Think about land uses, the city's appearance, how people move around the city, etc. This is a loss for everyone ! We must look to growing industries and businesses beyond the tourism of the Falls and the Casino. Stanley regional road needs to be upgraded with a bike lane. Otherwise, how can Niagara Falls residents access the cycling trails as well as the Parkway ? So, can we assume that out City can intercede to rectify this challenge ? need help in snow removal. Sidewalks should be cleared in subdivisions in order to allow walkers to be safe. Far too many homeowners do not bother to shovel their front sidewalks…this endangers everyone. It was not even clear to us that we are not really required to clear our sidewalk, though we have done so for 50 years…in this our first and only home . Now it is becoming more stressful, but to get help is not that easy. Also, need more affordable housing . Maintain environmental and infrastructure assessments but speed- up the paper work for approvals. Homeless issue : what is the plan to address this serious, growing challenge ? We know that Mental health and poverty are rooted causes for driving the homeless problem. Can we be shown that our city is working with Regional Health experts to design a rap-around program plan to address the most needy citizens ? We read again this week that this issue will be discussed again…. where are we going with this complex, multi faceted problem ? Nothing gives me pride about living here. It's horrible. Larger cities which provide good food, and arts and culture options. Small towns filled with charm and rural areas which provide hiking opportunities. Give to the residents. Stop focussing on the tourists. Provide for the arts and culture sectors, give funding to libraries, and provide options for family actives which are free. It's important to fix the physical roads, but also fix the flow of traffic. There are horrible blockade throughout the city. Look to fix parks. When the garbage cans are taken away they fill with litter. Fix the unhoused issues which is now spreading throughout the city with the opening of the homeless shelter on summer st. This is a huge safety issue for families. Provide for local businesses which are looking to give to residents. There is a huge lack of food options. The natural beauty of our landscape(s) , Niagara Parks (except for the adult playground that spoiled Thompson Point), school of Horticulture Duff, Firemans Park, wood end Please stop the destruction of arable land for housing that few can afford. This should be a priority! Consider tax breaks, grants, and other supports for homebuyers to restore/renovate/rejuvenate the once beautiful downtown areas. No matter how much money is spent on making the downtown pretty with cobbled sidewalks and fancy street lights, people don't feel safe. Even the public library on Victoria Ave is underused because people are uncomfortable. Tiny house communities might help with the homeless problem and yes, it is a huge problem that needs long term solutions that don't destroy the lives and security of homeowners like those near Spring St. I love my city and hope to see it respected and cared for as it deserves to be. Page 21 of 60 Page 81 of 500 Appendix 1 Our Niagara Falls Plan - Responses received through Public Engagement 15 What makes you proud of living in Niagara Falls? What part of the city do you enjoy spending time in? What’s most important to you for us to address in new policies in the Official Plan? Think about land uses, the city's appearance, how people move around the city, etc. The beauty of the Falls and the magnificent gardens along the Parkway. River Road neighbourhood. Protecting residential areas from too much tourist accommodation for people who live here. Beautiful location, scenic North End You need to have the infrastructure to accommodate all the extra citizens you want to live in Niagara Falls. Driving on the city main streets is a nightmare. Lived here all my life; was a good community and working environment; but a lot has changed Walking along trails towards Niagara Parkway and Fort Erie We need to demolish old buildings that are boarded up or empty around the whole of the city; its an eye sore for residents and tourists; more traffic cameras in residential neighbourhood because of speeding and crime insist that trees be planted on all roadways and more trees skip centre and west planted in parks and more greenspaces where all the brown spaces are like old parking lots etc..developers must leave room for trees along streets and in yards of all developments and never have a stark only building areas..the city cannot allow the removal of old trees or the large well treed park areas..parks should be closed at night so that people do not do drugs in parks and leave needles and garbage so much as they are now and leave the rural lands rural a rim of country and farms and forests should surround the city lushly and without disturbancek..police the removal of brush and do not remove trees niagara falls needs much more greening it is becoming a stark unattractive place like lifeless. The whole city should be parklike and garden like Proud of living in Niagara Falls because of the demographics and diversity with lots of open spaces that brings attraction to so many people around the world. Clifton Hills Park Waste managements — litters on the streets Creating more parks in the new developing residential areas to allow more outdoor activities for the kids in the neighborhood. Niagara Falls has always been my home. Growing up and raising our family allowed us to see growth and endorsed projects such as MacBain Centre, and Gale Arena. Both of which we have spent considerable time in and been proud of. Now as seniors we still maintain our chosen home and frequent the parks, Library and MacBain. We can follow our Grandchildren enjoying skating , soccer and baseball in City owned and maintained areas. As our City grows more free community locations are encouraged. Proper affordable family homes My neighbourhood. Parks. Community Centre. Arena. Traffic control including lower speed levels. Also signage would help! Road work is needed. Page 22 of 60 Page 82 of 500 Appendix 1 Our Niagara Falls Plan - Responses received through Public Engagement 16 What makes you proud of living in Niagara Falls? What part of the city do you enjoy spending time in? What’s most important to you for us to address in new policies in the Official Plan? Think about land uses, the city's appearance, how people move around the city, etc. should be what is built. I would NOT have raised my children in a highrise development! More industry and proper placement of it is needed for families to afford our community. Proper parking around the new Market is imperative. Without it our Market will become a thing of the past. The Exchange will not be a safe place for evening event. I no longer feel safe walking after dark, so Policing needs to increase patrols. Our Homeless should not be unsupervised and cared for. A very difficult problem and one needing 3 levels of Government! Well established and quiet neighbourhoods with natural amenities associated the Niagara River. Niagara Parkway Orderly, affordable, and attractive growth; community improvement areas for older neighbourhoods; and major improvements to Downtown I moved here because it was cheaper to buy a house than in St. catharines at the time hockey arenas; football fields, sports parks, etc. i'd like to see Niagara Falls become a beacon of hope to home builders; all communities are pushing builders away and Niagara Falls ED team could create a unique experience for builders to feel welcomed; ease the burden of planning by preemptively amending zoning regulations; be open minded about what sustainable growth could look it; try to be different than other cities; be a leader in the space; i want to see this city grow as i feel we have the greatest potential over any other Niagara municipality That this city is important to people all over the world Parks commission land The roads are in such poor shape is embarrassing to think that visitors travel on them. The new subdivisions are out of control --- if we DON'T BUILD IT THEY WON'T COME. I do not feel that we need to keep building more, and more on our lands, if there is not anything available for sale, then people can emigrate somewhere else --- there are so many new areas in Canada that can be opened up I don't see why existing cities need to just keep getting bigger to let more people move here The nature, the falls themselves and Niagara Gorge and surrounding parkway. It’s a green space others don’t have access to. The green space areas, as well as the outskirts away from Clifton hill area There should be more focus on expanding access to nature trails and protection of green spaces over continued development and development of further tourist attractions on Clifton hill. Tourism supports Niagara but the focus does not need to be on arcades and wax museums; the appearance of the main tourist hub is also not welcoming; tourists travel to NOTL for a beautiful town when they could spend more time in this city if it was not so unsightly and run down near the falls. Page 23 of 60 Page 83 of 500 Appendix 1 Our Niagara Falls Plan - Responses received through Public Engagement 17 What makes you proud of living in Niagara Falls? What part of the city do you enjoy spending time in? What’s most important to you for us to address in new policies in the Official Plan? Think about land uses, the city's appearance, how people move around the city, etc. The natural attractions and open spaces Golf courses New development needs to pay for road improvements and increased lanes BEFORE development proceeds At this point my pride is slipping. I am concerned about the scope and speed of development. The rural and outdoor recreation spaces It's important to me for The City to preserve and expand green spaces and outdoor recreational areas. Additionally, the condition of the City's infrastructure is a major concern due to the deplorable condition of our roadways. It is clear that roadway improvements are NOT keeping pace with development and/or are being ignored until the situations becomes critical. Please understand, the poor condition of our infrastructure is like a "Black Eye" it makes The City look dirty, decrepit and unwelcoming. This does NOT instill a sense of pride! Residential development (aka "planning") must be controlled, cohesive and provide some level of benefit to the community as a whole. Currently, The City does not appear to have a cohesive approach. It appears that "speed to build" was the primary consideration - getting it done quickly was job one because as soon as land was available, some form / any form of housing was wedged into that space. The City must have a planned approach because adding so much population in a relatively short period of time without having all necessary supports and infrastructure in place will only lead to more congestion and chaos. Another area to consider is the current approach to dedicated bicycle lanes. Over the past number of years I have found the dedicated bicycle lanes program to be a complete failure. They are tremendously underutilized and tend to spontaneously begin and end without any apparent consistency. It appears to be a case where The City received grant money and had to spend it on bicycle lanes so they installed a hodgepodge series of random lanes with no interconnected network. This program has been a failure because attempts were made to implement it everywhere and anywhere regardless of any perceived need. The decision makers in The City seem to have forgotten that we are not a large city (i.e. Toronto) with office buildings and office complexes that employees may cycle to. Another area for consideration is the posted speed limit of 50 km/hr which in my area is too high. Sadly, due to previous residential development, our road has been transformed into a speedway with drivers frequently exceeding the posted speed limit and often by more that 15 and 20 km/hr. Overall driver behavior is deplorable and worsening so thoughtful consideration must be given to lowering the posted speed limit in some densely populated neighborhoods. Page 24 of 60 Page 84 of 500 Appendix 1 Our Niagara Falls Plan - Responses received through Public Engagement 18 What makes you proud of living in Niagara Falls? What part of the city do you enjoy spending time in? What’s most important to you for us to address in new policies in the Official Plan? Think about land uses, the city's appearance, how people move around the city, etc. My recommendation is to develop a thorough and thoughtful approach to any/all new policies to ensure that decision makers take into account all necessary factors that allow for a development that is done in a thoughtful, considerate manner while working to provide homes for people wishing to reside in Niagara Falls. Just here for career. Besides having a natural wonder there is nothing special about the city We actual travel outside of niagara falls on our free time. Nothing in the tourist area or along lundys lane is appealing to residents Abandoned buildings need to be taken down and areas on Erie revitalized. Motels on Lundys lane that are condemned need to be cleaned up. Roads that local us daily are some of the worst. The tourist area gets the attention that other parts of the city needs. I was born here and it has always been a safe place to live. It's clean and the people have always been friendly. the use of the land - no quarry. stop cutting down all the parks trees and paving over green space considered one of the safer places to live school of horticulture area try to buy a lot of the vacant business buildings and make them in to low income buildings or try to help our own homeless Honestly not much. The whole town feels like a missed opportunity for the residents and is just tacky for visitors. The City literally took one of the most beautiful natural wonders in the area and made it a tackier mini Las Vegas. Again not many. The gorge, Dufferin Islands and Queen St. The city feels like the only thing here is tourist attractions. Yes, there some beautiful nature areas... which now charge for parking. But, there really isn't much to do here besides go to a sports bar, Clifton Hill/Tourist area or go to a neighboring city. Why would a visitor want to leave the tourist area to explore the city when most of the buildings look abandoned or are abandoned. And what would they even do besides the things mentioned above? The new cultural arts center is a good start. The nature. Nature conservations. How and what is going to happen on the land of Marineland now that it is sold, and is the city going to be directly following up with the animals from marine lane to ensure they are in a habitable sustainable and healthy home? This is where my business is and I am proud to serve my clients here. We enjoy going down to Clifton Hill and playing tourist in the off season. We love going for walks at Queenston Heights in the Fall when the leaves change! The homelessness problem in the city needs a better solution. There are so many new encampments every year and people panhandling and sitting on the sidewalks begging for change. My office on Dorchester Rd was robbed last year and I lost $2,000 in household goods. At my home on Montrose Rd my husbands $300 bicycle was stolen from our back deck and my car in the driveway was ransacked and robbed. I just don’t feel safe in the city anymore. Petty theft goes unpunished because the police figure they can’t catch them anyway so they don’t even try. We are starting to think about moving out of the city because of the homelessness and crime. Today, I’m not sure. Swimming pools, parks and libraries. I focus to enjoy places whereby I don’t have spend. We need to reduce the number of vehicles in our city. It’s very difficult to live in Niagara Falls without a car. Public transit is poor,; the frequency of buses is so poor that often it’s faster to walk if you can. Housing needs to be more functional. Smaller homes and multi level would help decrease the expanding city. We need to build up and luxury condo attract only people with Page 25 of 60 Page 85 of 500 Appendix 1 Our Niagara Falls Plan - Responses received through Public Engagement 19 What makes you proud of living in Niagara Falls? What part of the city do you enjoy spending time in? What’s most important to you for us to address in new policies in the Official Plan? Think about land uses, the city's appearance, how people move around the city, etc. money, middle class individuals are being squeezed out. Hockey arenas are great, however it’s very expensive. Again few people can benefit. Parks whereby a variety of sports can be played are very important for a vibrant city. We need to see children outdoors playing as neighbours. Adults also. It would be nice if u didn’t let house builders build houses 6 Nothing Chippawa ft from the road and 2 ft from the next house. Use to be cheap to live here My back yard Stop letting air bnbs openings That Niagara Falls is one of the seven wonders of the world. Stamford Village The city is tired in places. Gentrification would benefit older and abandoned areas. The many options and parks and green spaces. Any park space and bike trails 4 way stop on Kalar and Beaverdams is toooooo busy now for a stop sign. Traffic needs to be tamed on Lundy’s Lane somehow. Unfortunately nothing anymore. Born and raised in Niagara Falls and watched all the industry’s leave Bring more business back other than tourism Fix the infrastructure Not much truthfully. But it's the only place I can afford to live. The best part about Niagara falls is the fact that I found cheaper rent than anywhere else, and the fact that I can borrow Dvd's for free from the library to watch as I can't afford cable tv Niagara square mall area Keeping buses on time especially the #104 would be helpful. Moving the bridge housing elsewhere would be helpful to create a safer downtown area. I wsh you could get your clients at bridge housing to stop harrassing the rest of us for money. Ever since you put this damn shelter in our downtown area, the rest of us have been held hostage and left in an unsafe situation. I read the article in the Niagara falls review. Regarding the Niagara region shelter on summer street. The downtown area off Victoria Ave is the same way. We have had multiple shootings and stabbings in our area too. Ever since you turned that old building into a homeless shelter by the armoury. We've had issues too. I don't feel safe working later at night and taking buses home. Cause I know that I will have to walk from the bus stop home in this crazy area. I share the feelings of the people on Summer Street. I feel like a hostage in my neighborhood too. As a person on government assistance ( ODSP). I can't afford to live anywhere else. I implore you to consider the detrimental impact that the shelter on Victoria Avenue is having on our safety and the well-being of our community members. Thankfully next year is an election year. So if necessary we can maybe change our leadership so we can get better solutions to these issues (portions of this submission have been redacted due to references to specific people, times and places not related to land use planning) Page 26 of 60 Page 86 of 500 Appendix 1 Our Niagara Falls Plan - Responses received through Public Engagement 20 What makes you proud of living in Niagara Falls? What part of the city do you enjoy spending time in? What’s most important to you for us to address in new policies in the Official Plan? Think about land uses, the city's appearance, how people move around the city, etc. It's such an historical place. The old buildings are so beautiful. It's fun to see an old building and imagine who lived there and what they did there. I love seeing the mixture of old buildings and modern buildings blending and complimenting each other. It's so beautiful. The Parks. The parks that share the scenery of "the creek" Littering should have steeper consequences and strongly enforced. Buses should include travelling along the length of "the creek" for scenic reasons. There's an eye sore motel that sits right on the corner of valley way & stanley ave. And kitty corner to that is a burnt out house that's been there for a couple years now. It all just needs to be cleaned up and kept clean. Its such a high profile area. Cleanliness needs to be enforced. Also Lepanneco's on Stanley & 420, it needs to look nicer there too. Some nicer landscaping is definitely needed there. I think more mural art on buildings would be so beautiful, like in Welland. Their mural art is so beautiful. I like that Victoria ave is starting to look better & better all the time. Queen street needs to come back looking good, it seems to be neglected. I like that the motels a long Lundy's Lane are getting a face lift. Although we could do without Seductions & the other's out there. They need to be more outside the city limits. Rooms need to be provided to the Homeless people. Converting motels in to affordable housing is a great idea. There needs to be more of those. There's an eye sore motel at the end of Queen st. & river rd that needs looking at. Those people that live are living in bad conditions at the mercy of the owner. They are so desperate for a place to live that they have to put up with the owners 'don't care' attitude. The place looks so filthy. The knocked down trees along the falls need to be cleaned up. Especially the high profile areas like right up at the Falls. Victoria park, over near the statue of Tesla, Dufferin Islands. Contract some old timers or small wood cutting businesses in there to do that. Help them out a bit. Get several different places not just the city. There's the eye sore building on Stanley & Dunn that has been there for years and nothing has ever been done to it. Marineland should just be an amusement park and no animals. They don't know how to care for them properly. People will still go if it's just an amusement park. The Marine animals could just be Cheerful characters for them now. More cafe's around, less cannibis shops. More family style places and less alcohol serving places. I hope I've helped. I hope I got your creative juices flowing. This is such a beautiful place. Let's keep it like that. Small town feel, lack of congestion, open spaces, close to country, slow pace of development, juxtaposition the natural beauty of the falls and the escarpment. Enjoy the golf courses. Maintain low density, single family neighborhoods, open spaces, golf courses, hiking trails and recreational areas. The falls. Clifton hill A mall, a new Walmart, build new Niagara regional housing I have been here for 9 years, nothing makes me want to Let’s talk about the taxes. Page 27 of 60 Page 87 of 500 Appendix 1 Our Niagara Falls Plan - Responses received through Public Engagement 21 What makes you proud of living in Niagara Falls? What part of the city do you enjoy spending time in? What’s most important to you for us to address in new policies in the Official Plan? Think about land uses, the city's appearance, how people move around the city, etc. encourage other people to move here. We are a world famous attraction that takes pride in their city. I have lived here my whole life, it is a tight knit community. The Glen, heartland forest, and central Niagara falls. I think we need to utilize our vacant buildings to house the homeless which has increased every year. Air b and b should be permitted anywhere in the city where the owner is supervising. The history and most of Niagara Parks. Dufferin Islands Old areas throughout the city need to be retrofitted to accommodate new housing instead of expanding urban sprawl into natural and agricultural habitats. Example Queen St, MainSt. Stanley Ave. It is a small town with all the big city amenities and the most beautiful scenery. We sit above the amazing vineyards of NOTL Niagara Falls Lawn Bowling Club our little oasis in the city More in fill housing and more housing in the dowtown area. People make the city Not sure how to answer this, one hand the beautiful area on the other hand it is getting destroyed by constant development and greed. towards the outskirts as far away from the gaudy tourist area as I can get Repurposing areas, like downtown instead of taking the low hanging fruit and developing the rural, farm lands and woodlots within the city. The closeness to the attractions, and stores for all products. Also EVERYONE in the world knows where you live..... LOL The tourist section during off months. To crowded during the high season... As an ELECTRIC CAR owner there needs to be more charging stations in the city. Both for residents and visitors. We have friends who are Electric as well and are cautious about traveling when there is not an abundance of chargers. Living on the river Niagara River 1. Our region’s needs a go-to shopping destination that has a feel of a village and not an industrial park like Niagara-on- th-Lake. Go here to understand the view - https://uvillage.com/about/ 2. Niagara needs better planning by city counsel to put in the proportionate balance of residential housing and grocery stores/services for commercial consumption. Last time I called City Permits they informed me the City has no control over developers and thier massive home building with regards to adding close-by shopping requirements for groceries and services. Just look at what is happening in Chippewa Sodom Road area. 3. Finally a change to Queen Street. How can Ridgeway, Thorold, St. Catharines, VineLand, Stoney Creek all these small cities like ours achieve the remodelling of Queen Street like areas but City Hall and our current mayor are unable to? Is it because the hoteliers here run the city and mandate where people should enjoy their time? Surely there can be other attractions other than the falls. -the green areas, especially Fireman's park The natural areas I would like to see a deeper understanding of creating natural ecosystems with native trees, shrubs, perennials and grasses. There are too many tree in green areas that are standing alone -- ie along the Millenium trail. The discipline, culture and the cleanliness Lundy's lane, Niagara Falls and Parks Keep the city's cleanliness, discipline, community activities such as gatherings, music, festivals, activities for the kids. Keep Canadian culture alive but welcome diversity. As an immigrant from Philippines, I appreciate that Niagara Page 28 of 60 Page 88 of 500 Appendix 1 Our Niagara Falls Plan - Responses received through Public Engagement 22 What makes you proud of living in Niagara Falls? What part of the city do you enjoy spending time in? What’s most important to you for us to address in new policies in the Official Plan? Think about land uses, the city's appearance, how people move around the city, etc. Falls is Canada and not trying to be another country or dominated by a certain ethnicity. The history of the Niagara Region and the response I receive from people when travelling and I say I live in Niagara Falls My backyard. 1) The volume of traffic has become outrageous in Niagara Falls. I have lived here for 20 years, and it now takes 15 minutes to get from one end of McLeod Road to the other. 2) The subdivisions do not take into consideration the volume of traffic around schools. Have you ever travelled McLeod Road by St. Michael's High School in the morning. I do not recommend it. Now with all the new housing across from the school, the traffic will be worse. Safe, beautiful, many amenities, friendly, one of nature's 7 wonders, convenient access to other towns in the region, special events, close to nature, rivers, falls, parks, orchards, vineyards, well governed Driving along the Niagara parkway Expand major city streets. Avoid high rises above 5 or 6 stories. Include parkettes for nature, walking, child play, etc. in new residential plans. Create low-rise senior friendly independent living with shared common grounds and indoor social area, both rental and condo. The beautiful geography and proximity to many leisure activities in the Region and GTA Niagara Falls Parkway in the Spring/Summer/Fall Traffic flow considerations in the new growth areas. For example McLeod Road is extremely busy now. Public transportation for those that require it still doesn't seem to be frequent enough routes. We should be investing here. The impact on the infrastructure requirements due to growth on my already high property taxes. The actual Falls Thought I would really enjoy the millennium trail behind Redhaven cres. Sadly some irresponsible dog owners who don’t scoop after their dog makes walking tricky and actually disgusting! Quite a few big dogs are off leash which makes me feel nervous. On a positive note I really enjoy the exercise equipment! More frequent busses! Sadly there’s SO much garbage along fence lines and green spaces by the highways. Terrible sight to greet people entering Niagara. Take a drive to Walmart in the Falls, an example of the garbage along the canal fence. The falls is awesome. The community is small and the people are respectful of each other. The falls Infrastructure and jobs All the available natural resources and surroundings. There is a lot to do in and around Niagara Falls. Chippawa and the falls We need more affordable housing. We need less out of town land/building owners. We need high volume traffic areas monitored more. Something needs to be done at the McLeod/Oakwood Dr. intersection on the west side where people cross from Oakwood where the retirement homes are to McDonald's, people driving east and turning right onto Oakwood towards McDonald's often don't slow down or stop and someone is going to get killed there. Home to a major tourist attraction/world wonder. As a local, I honestly avoid much of the tourist draws and City appearance. I live off of Lundy's and the properties (hotels) are dated and unkempt. There is no reason it Page 29 of 60 Page 89 of 500 Appendix 1 Our Niagara Falls Plan - Responses received through Public Engagement 23 What makes you proud of living in Niagara Falls? What part of the city do you enjoy spending time in? What’s most important to you for us to address in new policies in the Official Plan? Think about land uses, the city's appearance, how people move around the city, etc. wish there was a town centre of sorts for locals with a community vibe. should look this shabby when compared to how polished and uniform other tourist-centric cities in Canada like Banff, Jasper, and even Niagara-on-the-Lake. Niagara Falls looks tired. I enjoy the natural wonders (eg the escarpment and the waterfall). I am proud we have a tight knit community. North end - Fireman’s park. I would love if the city could prioritize making the city clean. We have a huge trash and litter issue, to the extent that I don’t enjoy walking my dogs as I worry about them consuming garbage on their walks. Not to mention how the garbage and litter impacts the environment. If you look at the off ramps and the litter that congregates in these areas (and many more), it’s deplorable. I would love the city to focus on keeping our communities consistently clean. Having a community clean sweep once a year does not cut it. If we created jobs for people to clean up around the city, we might do a better job at tackling this problem. I also think improvements to city transit would be nice. There is an increase in people using the city bus. Perhaps bus stop areas with a space to escape from the rain. An app that tells you when the next bus is coming. Might be helpful. I know we are seeing an influx of new people in the city. I would encourage the city to prioritize apartment builds (building UP) and to preserve the green space and make them into public parks. Beautiful parkland, access to good healthcare and facilities, and the Falls of course. Walking and biking along the parkway I have noticed that near some of our tourist attractions and high-end offerings, we have very sketchy areas that people have to go through to get to them. Safe and reliable public transport is important too. For housing, it might be a good idea to tear down the old Niagara Falls Arena, and build some reasonable cost housing there. To meet housing needs, the housing needs to be affordable and financially accessible. People are looking for a place to live that they can afford, not a giant home that you have to be a doctor to buy it. Small town with world-class tourist attraction Away from downtown and falls Make the city bike and pedestrian-friendly. Currently, compared to other cities worldwide, we're doing a dismal job. City development should not be car-centric. Bike lanes/paths should not be just for recreational purposes but also for commuting for the local population. Providing locals free space to grow. Without crime All parks More electric busses . Busses pollute so much for so little riders The natural beauty of the falls - especially when there are no tourists here Niagara Falls Public Library - Victoria Avenue location Stop catering to the tourist and start taking care of streets in the neighbourhoods that make up the city. Roads and sidewalks need to be better maintained instead of the tourist area's being redone every 2 years. Traffic flow. More high rise buildings Location Tourist area Not a heck of alot City Parks and trails Stop letting business’ keep the tourist tax and use it to spend on the residents for nicer parks nicer arenas better Page 30 of 60 Page 90 of 500 Appendix 1 Our Niagara Falls Plan - Responses received through Public Engagement 24 What makes you proud of living in Niagara Falls? What part of the city do you enjoy spending time in? What’s most important to you for us to address in new policies in the Official Plan? Think about land uses, the city's appearance, how people move around the city, etc. roads etc. Let’s make all of Niagara Falls appalling not just tourist areas. The people that have lived here a long time, small town feel away from the tourism areas Away from downtown and tourist areas Stop trying to make downtown better. It is an embarrassment to be promoting it and trying to rebuild. I would never go down there at night. Spend the time and money on our city, not for the tourists but for the people that live here and pay taxes. Fix our streets that are terrible, get rid of old buildings, we should be the priority not the tourists. At the moment, not to much. With all the homelessness and the refugees making the hotels looking like dumps, especially on Stanley where we should be keeping it clean for the visitors. Not really a good impression. I work in the tourist area and the amount of cars getting broke into is incredible. I’ve never seen it so bad.We have student housing in residential areas , where 12 kids are living and although they are quiet , the garbage is something else. ( yes, my neighbours) My home, just off of Lundy’s Lane and having the nice millennium trail, but again homeless leave all their garbage or we just see them sleeping, but they have to sleep somewhere I know we need the housing, but the Infrastructure is not there. We have all the construction on Dorchester Road and once people are living in there, it will be way more congested then it is. The housing construction on Mclead, where the traffic is already a nightmare. Really really. The transit system is terrible, especially throughout the city. I can remember going downtown on one bus and taking 15 minutes where now it’s two buses and wait times and 45 mins later. Then half the time Queen street is closed for car shows and then you have to walk an extra block to catch a bus, and being a senior it’s not always easy. OK Community values and modern progressive ideas. My local friendly, clean,neighbourhood Growth of areas excluding tourism that benefit local residents..ie jobs, industry and commerce Natural environment and entertainment areas Fringe areas for good food and entertainment without too many tourists Protect the natural environment. We have enough tourism and need to manage the spaces to be cleaner and safer Its nature, its people and its location. Everywhere but especially by The Falls and north and south ends. Transforming certain areas into vibrant communities. The access for young people to resources to start their own businesses. That would make the city more vibrant and a more attractive place to live. I appreciate living in a place with such dynamic and storied history. Green spaces; downtown; interstitial spaces. I think it is most important to develop and maintain high- quality infrastructure that is not car-dependent. I think land use policies should become more mixed-use to encourage city walkability and liveability. The opportunity to be a world class city Chippawa, River road, Downtown, Main Street, Lundy's lane I'd like to see up-zoning as a right on all main streets in the city. Corner cafes, convenience stores, corner bars/local pubs, flower shops or small repair shops: These could all be in walking distance of residential neighbourhoods. Increased active transportation and an increase in tax revenue could be seen from this small change! There are many bike routes outlined in the last transportation plan. Few have been realized. All it takes is paint for some of them. As well, the ones in hydro corridors could be made of dirt. If the city is serious about active transportation and climate change, get on it! Page 31 of 60 Page 91 of 500 Appendix 1 Our Niagara Falls Plan - Responses received through Public Engagement 25 What makes you proud of living in Niagara Falls? What part of the city do you enjoy spending time in? What’s most important to you for us to address in new policies in the Official Plan? Think about land uses, the city's appearance, how people move around the city, etc. Wego? why not LRT? Lundys lane at Garner back to the GO station. A simple route with all stops in a line. Again seems like a no brainer. What makes you proud of living in Niagara Falls? What part of the city do you enjoy spending time in? What’s most important to you for us to address in new policies in the Official Plan? Think about land uses, the city's appearance, how people move around the city, etc. Page 32 of 60 Page 92 of 500 Appendix 1 Our Niagara Falls Plan - Responses received through Public Engagement 26 Part 3 Minutes Environmental Stakeholders; Developers-Major-landowners; business stakeholder discussion; BIA stakeholder group Page 33 of 60 Page 93 of 500 1255 Bay Street . Suite 500 Toronto, Ontario . M5R 2A9 meeting notes From: Xavier Costa Date: April 11, 2024 Subject: Environment Stakeholder Group Meeting Date: April 11, 2024 Time: 11:00 a.m. to 12:30 p.m. Place: Virtual (Zoom) Attendance: Donna Hinde (DH), Joe Nethery (JN), Xavier Costa (XC), Michelle Karam (MK), Katja Odegaard (KO) Regrets: # Item Notes Action Items 1 Introductions • Land Care Niagara • Michelle Karam o Executive director o Background with MRNF • Katja Odegaard o Stewardship Coordinator -- 2 Inputs and Discussion • MK: huge focus on income and tourism • Feels that natural heritage space used for tourism can be done in a more natural way • If any natural element going forward is going to be used for tourism, can it be used in a more environmentally friendly manner • Connect with KO contact re: street trees • DH and JN connect with Albert Garofalo—NF environmental expert, KO to give the contact • MK recommendation: Connect with Nature Clubs and professors at Niagara College • MK to provide contacts Page 34 of 60 Page 94 of 500 1255 Bay Street . Suite 500 Toronto, Ontario . M5R 2A9 • Perhaps infrastructure considerations, less paved areas • The PSW development went through—I contributed to that review in a past position. A lot of pressure by the ones who wanted to develop the land • Any wins in the natural environment left in NF would be a win • KO: Green infrastructure • There is great economic and social value of street trees • Focus on native trees to the region • Pollinator work and care— using flora that supports native pollinators • MK: Natural green spaces rather than artificial • Make sure the money goes into preserving the unique and special green spaces rather than cosmetic parks • KO: Conserving the natural spaces as much as possible • MK: haven’t personally had too much push back from the City • Indigenous community consultation should be higher in the hierarchy re: TAT and visuals • MK: What is realistically on the landscape is going to be on this map – Schedule C2? • NRSI to retrieve and assess species at risk reports and documents—contact MECP • Restoration projects mapping requested from LCN to be shared with JN and DH • MK to send potential additional environmental contacts via email to JN and DH Page 35 of 60 Page 95 of 500 1255 Bay Street . Suite 500 Toronto, Ontario . M5R 2A9 • KO: (Schedule C2) sad to see how much woodland isn’t present— conserve woodlands and support reforestation • MK: A lot of critical habitats for species at risk in NF • KO: Identify land restoration areas so that these projects aren’t unnecessarily undone • Tree care guide and other documents are available from LCN Page 36 of 60 Page 96 of 500 1255 Bay Street . Suite 500 Toronto, Ontario . M5R 2A9 meeting notes From: Xavier Costa Date: April 11, 2024 Subject: Developers/Major Landowners Meeting Date: April 11, 2024 Time: 1:00 p.m. to 2:00 p.m. Place: Virtual (Zoom) Attendance: Donna Hinde (DH), Joe Nethery (JN), Xavier Costa (XC), Jill Richards (JR), Matt Vartanian (MV) Regrets: # Item Notes Action Items 1 Introductions • Mountainview Building Group • Matt Vartanian o Director of Planning, Land Development • Jill Richards o Planning, Land Development -- 2 Inputs and Discussion • MV: a lot of mid-rise, not high-rise at the moment • Timing is never fast enough (some of that is on our end) • Surface parking push to keep costs down to allow units to be more affordable • Approval for 5 storey development at Mountain Rd and St Paul • Garner Rd—80 units, 4 storeys • DH to reach out to Upper Canada Consulting for a preliminary conversation – Martin and William • JR to send over older MBG development addresses • DH and JN to seek out Niagara Homebuilders Association contacts Page 37 of 60 Page 97 of 500 1255 Bay Street . Suite 500 Toronto, Ontario . M5R 2A9 • Did the Thundering Waters development (not the current golf course project) • 113 units, off Portage Rd south of William St • Mountainview haven’t been doing mixed use—finding market is already somewhat saturated • Niagara Homebuilders Association hosting round tables • MV: How are density ranges going to be accounted for in the new OP? • JN: Plan will contain ranges, but very important to respect and follow the Secondary Plan processes for those • Mountainview haven’t been doing mixed use—finding market is already somewhat saturated • Commercial and office in other areas—but not current developments or in NF • JR: Are we going to get bonusing as an option that the City would consider? Affordable housing policy in the existing OP? • JN: Will be discussing with the City • MV: City is transparent with us in precon. Notes that weren’t brought up in the precon are brought up later by staff • Recently getting last minute comments that weren’t initially said during precon Page 38 of 60 Page 98 of 500 1255 Bay Street . Suite 500 Toronto, Ontario . M5R 2A9 • Better emphasis on early issue discussions would be beneficial • JR: comments coming out of the blue, there has been a turnover in City staffing which is a challenge. Causing challenges and little speedbumps in development applications Page 39 of 60 Page 99 of 500 1255 Bay Street . Suite 500 Toronto, Ontario . M5R 2A9 meeting notes From: Xavier Costa Date: April 11, 2024 Subject: Business Stakeholder Discussion Meeting Date: April 11, 20248: Time: 9:00 a.m. to 10:30 a.m. Place: Virtual (Zoom) Attendance: Donna Hinde (DH), Joe Nethery (JN), Xavier Costa (XC), Dolores Fabiano (DF), Kevin Jacobi (KJ), Hugo Chesshire (HC) Regrets: # Item Notes Action Items 1 Introductions • Hugo Chesshire • Greater Niagara Chamber of Commerce Director of Policy • Kevin Jacobi • Executive Director at CanadaBW Logistics Inc. • Niagara Business Association • Dolores Fabiano • Executive Director at the Niagara Falls, Welland/Pelham, and Port Colborne-Wainfleet Chamber of Commerce -- 2 Inputs and Discussion • KJ: it was just announced that Russel aviation property has been bought by the City to be industrial park - 96 ha • DH: Put us on the list to attend Niagara Realty meetings • May 9 @Niagara Falls Convention Centre – DF to send details to DH Page 40 of 60 Page 100 of 500 1255 Bay Street . Suite 500 Toronto, Ontario . M5R 2A9 • JN: long term vision to make the QEW a business corridor, the acquisition contributes to that • KJ: How do we balance that and make sure industry is a focus • It feels more like a side note rather than a focus in the discussion papers • DF: homebuilders provided a perspective • Homebiilders did indicate NF is the toughest municipality to work with in terms of getting permits • They identified there are a number of long-term homebuilders in NF that are considering not developing in the city, they’re frustrated and the money they need to make isn’t there • KJ: It seems the city is trying to make up for lost funds • CBRE is red flagging NF due to the challenges at city hall • We don’t see affordable or lower tier housing • Older demographic purchasing homes • DF: homebuilders prefer to do business and Lincoln, Welland, and Thorold—easier to work with and more progressive • KJ: Skyway will make it harder to connect GTA and NF • HC: The difference In Welland • Cultural difference • KJ: speakers corner— peoples own words, public comment video/audio recording • JN and DH to connect with Planners in Welland • DH to connect with Niagara Realty, Homebuilders, and Habitat for Humanity • DF: will follow up to get contacts for Niagara Networks event • Make sure that the concerns raised today are embedded in the discussion papers Page 41 of 60 Page 101 of 500 1255 Bay Street . Suite 500 Toronto, Ontario . M5R 2A9 o More of a how can I help you rather than what do you want • Innovation o They have list of approved materials and sample floor plans • A very accommodating approach • HC: Concerned about rezoning employment lands as residential • As the population increases, where are people going to work then? • Preserving employment lands is important, and preserving buffers between employment and residential and other lands • DF: Queen St • Safety concerns, entrance into the city from GTA • NF has too many commercial areas • KJ: this shouldn’t be a new perspective; this is something we’ve been living with for a long time • Concerned this is going to be one of those exercises that boxes just get checked and nothing actually changes Page 42 of 60 Page 102 of 500 1255 Bay Street . Suite 500 Toronto, Ontario . M5R 2A9 meeting notes From: Xavier Costa Date: April 11, 2024 Subject: BIAs Stakeholder Group Meeting Date: April 11, 2024 Time: 3:00 p.m. to 4:30 p.m. Place: Virtual (Zoom) Attendance: Donna Hinde (DH), Joe Nethery (JN), Xavier Costa (XC), Lisa Burland (LB), Eric Marcon (EM), Tim Parker (TP), David Jovanovic (DJ), Tish DiBellonia (TD) Regrets: # Item Notes Action Items 1 Introductions • Lisa Burland • Owner Clifton Hill BIA • Niagara Clifton Group • Eric Marcon • Chairman of Victoria Centre BIA • Tim Parker • General Manager Victoria Centre BIA • Tish DiBellonia • Owner Americana Resort • David Jovanovic • Project Administrator Lundy’s Lane BIA -- Page 43 of 60 Page 103 of 500 1255 Bay Street . Suite 500 Toronto, Ontario . M5R 2A9 2 Inputs and Discussion • EM: Biggest hurdles are property standards • TP: Comparisons of Niagara on the Lake Standards, even the McDonald’s has a Town standard for approval. Looking world class has never happened in NF • I’ve sat through 3 transportation studies but we can’t make the streets wider • Need more roads and more ways to move people around • TD: infrastructure is not in place to support the new population • WeGO as we know it ends in August. Most places have one seamless transit system, like Toronto. How are we planning on moving people, whether they live here or not? • Accommodate (transportation wise) residents and visitors the same • Abandoned budlings and construction sites, homeless, fires, safety • Many sites where construction started but did not finish. Left with holes, this should not happen. More of this is coming as the buildings are aging • JT and DH to follow up with border Mayor’s group • Property standards to be included in Attractive City • DH will connect with everyone on call to share list of BIA contacts and to receive accurate contacts Page 44 of 60 Page 104 of 500 1255 Bay Street . Suite 500 Toronto, Ontario . M5R 2A9 • DJ: All 17 BIAs in Niagara Peninsula meet regionally. We should do that locally • DJ: Beautification studies needs to be brought up to world class standard • Everything takes at least 5x as long with two-tier government • The City and Region cannot collaborate in a timely fashion and it’s killing us, our beautification projects get delayed or dismantled • Elite destinations need to have a proper wayfinding system • TD: we need to have the ability for people to have wifi in the tourism core • LB: report the same issues as the other areas, safety, homeless, transportation. • EM: transportation is a big issue. A more robust, seamless system is needed. Current hubs and transfers make no sense • It’s enough to take something that works in another jurisdiction and apply it here • DJ: the pilot project with a community-oriented police response and engagement unit worked very well, when it expanded it lost its effectiveness Page 45 of 60 Page 105 of 500 1255 Bay Street . Suite 500 Toronto, Ontario . M5R 2A9 • A lot of missing pieces in our puzzle Page 46 of 60 Page 106 of 500 1255 Bay Street . Suite 500 Toronto, Ontario . M5R 2A9 meeting notes From: Angela Wu Date: May 7, 2024 Subject: Niagara Business Group Meeting Date: May 7, 2024 Time: Place: Attendance: Joe Nethery, 16 meeting attendees Regrets: # Item Notes 1 General Discussion & Feedback • Ford has important point re: towers next to houses. Seems they have a few meals and plans change. Cars getting towed for caregivers. Parking for everyone, parking for accessible. • Can understand certain areas good for height. Not all. Not all development looks nice. Stopped projects. Where is our city pride? (15-20 years) • Will there be anything on 15-minute cities? • Why isn’t the Friendship Festival more advertised? Ridgeway advertises theirs? • Where in Niagara will the City expand? Traffic currently is terrible? o Quite an increase in transit, more than when I grew up? Plans to expand that. • A high-rise can take away your sunshine (“agree” from in the room). Transit is for tourists & foreign students. Old beautiful buildings get torn down all the time. Can’t open a bar w/o sufficient parking. Makes no sense. • What is the plan to accommodate population? Not just slam down houses? • Perfect sites are hard to find. More ADUs? • Grassy Brook/Grand Niagara: will they be high-end? Page 47 of 60 Page 107 of 500 1255 Bay Street . Suite 500 Toronto, Ontario . M5R 2A9 • “Business downtown.” Every incentive/initiative has been a failure. • Doing anything about combined sewers? Many areas with sewer backups here. City approves these projects that add to it. • If NF is to be world class, what’s going downtown? (wayfinding missing) Page 48 of 60 Page 108 of 500 Appendix 1 Our Niagara Falls Plan - Responses received through Public Engagement 27 Part 4 Youth responses, ages 6-13 from the Mother Earth Day display, May 9, 2024 Type of house they live in Public Spaces they like to visit Would They like to work in the Falls What Job would they like What would you like added to the city How do they get around the city Detached Parks, Sports Fields N/A N/A N/A Bus Detached Parks, Museum, Movie Theatre Yes Teacher Trampolines Bike, Cars Detached Parks, Sports Field, Ice Rink, Movie Theatre N/A Doctor N/A N/A Detached Park, Movie Theatre N/A Daycare Hospital Car, Walk Soccer Fields N/A N/A N/A N/A N/A Detached Parks N/A N/A N/A Bike N/A Bike Townhouse Movie Theater, Library N/A N/A Townhouse Sports Field, Parks, Museum, Movie Theatre N/A N/A N/A Bike Detached Sports Field, Parks, Museum, Movie Theatre, Library, Ice Rink Nature Bike N/A N/A Detached Sports field, parks, museum, movie theatre, library Maybe Paleontologist N/A Car Stacked Townhouse Parks, Library N/A N/A Trampolines Car Detached Camping, pool, go-carts Maybe Backing? Healthy world, good ecosystem, trees Car Detached Parks, Movie Theatre, Library N/A Nail Artist Ice Cream Shops Car Stacked Townhouse Parks, Library Maybe Singer Movie Theatre Car, Walk Detached Ice Rink, Museum, Movie Theatre N/A Interior Designer Green Spaces, Amusement Park N/A Detached Parks, Museum, Movie Theatre Maybe N/A Nature, Big community Center, Less Racism, Amusement Parks, Tim Hortons Car, Walk, Bike Townhouse Library, Pool Yes Something with Space Trampolines, Bike Lanes Bike Detached Sports Field, Ice Rink, Movie Theatre No Pro Goalie Dunkin Donuts Bike Detached N/A Maybe Youtuber Boats N/A Townhouse Parks, Ice Rink, Museum, Movie Theater N/A Youtuber Boats Car Trees Bike Detached Library N/A N/A Detached N/A N/A N/A Zoos, Natural Parks, Place to Fish N/A Page 49 of 60 Page 109 of 500 Appendix 1 Our Niagara Falls Plan - Responses received through Public Engagement 28 Part 5 – Correspondence received post March 5, 2024 Special Meeting of Council and those received before with comments to consider through the process. Page 50 of 60 Page 110 of 500 Appendix 1 Our Niagara Falls Plan - Responses received through Public Engagement 29 Rs: Council Agenda for April 9, 2024 Item 7.7: F– 2024-14 Development Charges By-law Update The above noted report is requesting some policy direction from Council to complete a new Development Charges (DC) By-law. I have the following comments given my past professional planning experience at Niagara Region and the City of St Catharines that included work on DC background studies and by-laws. The existing D.C. By-law expires in June and the City seems to be rushing this process along without accurate details on where growth is being planned or in a coordinated manner. Specifically, the City’s Official Plan needs to be updated and approved together with revised urban boundaries, detailed land use designations and a strategy for orderly and cost-effective growth. This community planning project has only recently begun and is necessary to formulate other municipal master plans (i.e. servicing, roads, parks, asset management) and to complete several “Secondary” plans the City has initiated for more detailed land use planning and development. Therefore, a number of assumptions outlined in the DC Background Report may not accurately reflect the City’s land use needs for future growth, community interests or associated costs for related capital projects. The underlying principle for Development Charges is that capital costs for growth related projects should be paid by benefiting developers; not existing taxpayers (“growth pays for growth”). The Development Charges Act does make some exceptions to this objective based on certain exemptions, reductions or conditions (i.e. non-profit housing, industrial uses, approved CIP programs) and includes provisions for transitioning increased Development Charge fees. In this regard, Council should ensure that no additional burden is placed on existing taxpayers and not support Staff Recommendation #4 for additional transitional measures. The proposal for “City wide” non-residential charges (Staff Recommendation #1) is reasonable and consistent with the approach taken for other development charges in Niagara Falls and other local municipalities. The report did not recommend “area specific” Development Charges for the future South Niagara Hospital area. I believe this could be an exception given the extensive direct and indirect funding the City has committed for a Provincial hospital that will also serve outlying municipalities and benefit adjacent landowners through increased property values. In any event, the entire Grand Niagara district should be a priority area for future growth given these financial commitments. In the future, Council should implement a policy to require ‘front end” agreements for future development to reduce costs on local taxpayers. Staff Recommendations #2 and 3 seek direction to exempt industrial development and other uses in Community Improvement Plans. Updated policies and programs should be prioritized to promote strategic investments utilizing existing infrastructure, particularly for affordable housing and development in the Downtown core and Economic Gateway. The DC Background Study has an estimate of nearly $567 million in total capital costs with an extraordinary amount for development studies over a 10-year planning horizon (2023-33). The need for and timing of these projects should be controlled, in part, through annual monitoring of growth and phasing policies in the future Official Plan which is expected to consider long term needs to the year 2051. In particular, growth should be prioritized in areas with existing infrastructure and where development proposals have already been approved. This can accommodate future growth in a more cost effective and sustainable matter. The Official Plan update should also determine the need for the extensive number of “secondary” plans contemplated. In my opinion, the new Official Plan process can provide adequate land use designations and development policies without the need for some “secondary” plans (i.e. GNGH hospital redevelopment/MTO lands, Northwest Area/ Club Italia ). I hope you will find these comments helpful and I look forward to the public meeting to be scheduled in the near future. Best regards, Peter Colosimo Page 51 of 60 Page 111 of 500 Appendix 1 Our Niagara Falls Plan - Responses received through Public Engagement 30 6424 Jupiter Boulevard Francesca Berardi From: Francesca Berardi Sent: Friday, April 26, 2024 4:40 PM To: 'judydoerr505'; New Official Plan Subject: RE: [EXTERNAL]-Let's Talk Niagara Falls enquiry Hello Judy, Thank you for providing us with your comments and concerns. Sharing your passion for the protection of our environment and natural areas is greatly appreciated. We are currently in Phase 1 of the new Official Plan project which involves gathering community and stakeholder ideas and creating an overall vision for the City. With this input we aim to develop a Plan that identifies and responds to the input received and the priorities shared by the community. I can confirm that, as per Provincial Legislation, the policies of our Official Plan will conform to the Niagara Region Official Plan, so those policies will be the starting point from which the City will craft its policies. I have shared your comments with The Planning Partnership, our Official Plan Consultants. We encourage you to continue to be part of the conversation as this project moves forward. Regards, Francesca Francesca Berardi | Senior Official Plan Project Manager | Planning, Building & Development | City of Niagara Falls 4343 Morrison Street | Niagara Falls, ON L2E 6Z9 | (905) 356-7521 ext. 4238 fberardi@niagarafalls.ca From: judydoerr505 <judydoerr505@gmail.com> Sent: Wednesday, April 24, 2024 2:48 PM To: New Official Plan <newofficialplan@niagarafalls.ca> Subject: [EXTERNAL]-Let's Talk Niagara Falls enquiry Could you please tell me what resources you are using to assure that our Official Plan is using 21st century urban design environmental planning that guarantees developers are compliant with highest standards of environmental science best practices. Niagara Region has been identified as one of the most biodiverse and THREATENED ecoregions in Canada and also identified as the area with the highest percentage of wetland loss in ONTARIO as stated by our NPCA. I believe we have been blessed with this biodiversity and our OP must protect it from any "further loss" that occurs from low environmental standards, AMBIGUOUS LANGUAGE. If our communities are going to sustain climate change it is critical we have highest environmental standards "throughout our OP policies and regulations". There is nothing that should be left to chance and bartering for lower standards for economic gain of developers in the shorterm and longterm economic and emotional loss for taxpayors because we did not protect our Natural assets as a resource against disasters protection from climate change. We have enough environmental science to support the critical importance of our natural heritage and natural water resource systems..... "assets" IN SUSTAINING HEALTHY COMMUNITIES. Page 52 of 60 Page 112 of 500 Appendix 1 Our Niagara Falls Plan - Responses received through Public Engagement 31 The message , language must be clear, concise representing the highest of standards for environmental excellence. It is our children's future and right to live in a habitable world. WHAT OR WHO could be more important? THANK YOU FOR THIS OPPORTUNITY TO VOICE MY CONCERNS. From: A D <yjd959@gmail.com> Sent: Tuesday, March 5, 2024 11:19 AM To: Francesca Berardi Subject: [EXTERNAL]-Comment on New Official Plan Hello Ms. Berardi, I read the details of the New Official Plan. I am impressed with the opening statement that the new Official Plan 'will apply a fresh approach to the City's land use policies...to ensure...high quality of living.' , and continues '...new growth in a way...protects...agricultural lands. These are important policies that will create a city people want to live in and invest in, when planning rules are followed and are consistent. So, I request you consider an Interim Control Bylaw for the Upper's Quarry application. The proposed quarry is a massive change to the Official Plan where a housing development exists approximately 500m from the proposed site and will be a permanent loss of 106 acres of prime agricultural land. As you have heard, there was a very negative report about the Gravel industry and the over supply of aggregate. By allowing one year extension, more research can be done to ascertain whether this new quarry will be required and perhaps relocated. I will continue to follow your decisions regarding how this great city is to be developed. Yours in trust, Arlie DeGiuli Local resident Page 53 of 60 Page 113 of 500 Appendix 1 Our Niagara Falls Plan - Responses received through Public Engagement 32 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. 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. Page 54 of 60 Page 114 of 500 Appendix 1 Our Niagara Falls Plan - Responses received through Public Engagement 33 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. From: Julie Lantos <julie.lantos@gmail.com> Sent: Monday, March 4, 2024 3:06 PM To: Francesca Berardi Subject: [EXTERNAL]-Meeting on Official Plan To Council and City Planners, I would like to reiterate the comments I made to Regional Council on October 11th 2023: Bedrock Resources areas in Appendix IV to the current Official plan are inaccurate, and do not represent bedrock geology (or depth to bedrock). These areas have not, and cannot be attributed to published scientific data. I would strongly suggest that this mapping be corrected in the new Official Plan. (The same issues apply to the Regional OP, therefore not a good source.) I would also contend that secreting Bedrock Resource Areas in an Appendix is deceitful, given its invisibility on the public GIS Viewer for Land Regulation. (Even though this may be considered acceptable to Planners.) In regard to Special Policy Area 44, please ensure that this is retained in perpetuity. Your attention to this matter is appreciated. Julie Lantos, M.Sc., P.Geo. From: gh cayer <ghcayer@bell.net> Sent: Saturday, March 2, 2024 1:31 PM Page 55 of 60 Page 115 of 500 Appendix 1 Our Niagara Falls Plan - Responses received through Public Engagement 34 To: Bill Matson; Francesca Berardi Subject: [EXTERNAL]-Niagara Falls Official Plan Meeting, March 5th, 2024 Attachments: I C B l - March 5th 2024.pdf 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 ghcayer@bell.net From: Mary Lou Jorgensen-Bacher <mljb57@yahoo.ca> Sent: Thursday, March 14, 2024 4:53 PM To: Francesca Berardi Subject: [EXTERNAL]-New Niagara Falls Official Plan I hope that the development of a new Official Plan for the City of Niagara Falls will result in an expansion of the area in a protective Environmental Protection Area (EPA) designation adjacent to the provincially significant wetland complex called the Niagara Falls Slough Forest. Amphibians such as the federally endangered Western Chorus Frog and the regionally rare Blue Spotted Salamander Page 56 of 60 Page 116 of 500 Appendix 1 Our Niagara Falls Plan - Responses received through Public Engagement 35 breed in vernal pools within the protected wetland, but need drier habitats outside of it during other periods of their life cycles. The review is an opportunity to extend EPA protection to a variety of natural habitats east of Dorchester Road and north of the Chippawa Parkway, which amphibians use that breed in the protected wetlands. Ecological studies for the Riverfront development by the consulting firm Savanta show an number of important ecological functions of natural habitats outside of the protected wetlands. One of these is to provide breeding habitat for declining bird species which require brushy early successional habitats. Savanta's studies documented that such breeding species include the Brown Thrasher, the Field Sparrow and the Black Billed Cuckoo. Other significant bird species which Savanta found benefit from such habitats include a Species At Risk, the Rusty Blackbird, and the regionally rare Woodcock. There are two significant plant species, which are present immediately to the east of the Riverfront development. One the threatened Dense Blazing Star, a good indicator of a rare Savannah ecosystem, had its habitat protected from the Riverfront development before the basic concept plan for the development was formulated in September 2018. In this same are is found the regionally rare Butterfly Milkweed. Hopefully, the development of a new Official Plan for the City of Niagara Falls will be an opportunity to extend EPA designations in an important cradle of Carolinian biodiversity. Ample studies have been undertaken which illustrate how there is Significant Wildlife Habitat in areas now zoned as Holding, which should be designated as EPA in the City of Niagara Falls Official Plan. Sincerely, Dr. John Bacher (PhD) Keeper of the Flame From: Francesca Berardi Sent: Tuesday, May 7, 2024 7:00 PM To: 'John Stranges' Subject: RE: [EXTERNAL]-City Future Official Plan Hello John, I wanted to follow up with your question regard urban boundary extensions. I hope that you were able to view the March 19th meeting where the City and our Consultants introduced the new Official Plan project and process. It was noted at that meeting that the new Official Plan is not the vehicle to introduce expansions to the Urban Area Boundary nor to address site specific property land use changes. The Official Plan is a wholistic view of the City over the next 20-30 years. We are currently at the stage of the project where we are gathering input on the Vision for the Plan – i.e. as it applies to the City as a whole. Urban boundary expansions are the responsibility of the Niagara Region and are assessed through the process of a Region wide Municipal Comprehensive Review (MCR). A review was completed, with input from the City as it pertained to Niagara Falls, for the purposes of the Region’s New Official Plan which was approved by the Province in November, 2022. At that time three areas of Page 57 of 60 Page 117 of 500 Appendix 1 Our Niagara Falls Plan - Responses received through Public Engagement 36 urban expansion were identified for the City of Niagara Falls, all intended to provide for growth to the year 2051. (note: A fourth area of expansion was identified by the Province in 2022 and later removed by the Province - with the support of City Council). Part of the consideration of the MCR and expansions was servicing. The servicing capacity to consider further boundary expansions does not exist at this time. In short, requests for urban boundary should be directed to the Niagara Region who will examine the need from a Regional perspective, as well as a servicing perspective at the time of their next MCR. It is the mandate of the City’s new Official Plan to conform with the Niagara Region’s Official Plan and is therefore not the process under urban boundary expansions are to be considered. Best Regards, Francesca Francesca Berardi | Senior Official Plan Project Manager | Planning, Building & Development | City of Niagara Falls 4343 Morrison Street | Niagara Falls, ON L2E 6Z9 | (905) 356-7521 ext. 4238 fberardi@niagarafalls.ca From: John Stranges <jstranges@live.ca> Sent: Tuesday, March 12, 2024 7:33 PM To: New Official Plan <newofficialplan@niagarafalls.ca> Subject: [EXTERNAL]-City Future Official Plan Hello Francesca Berardi My name is John Stranges owner of 8828 Beaverdam's Road in Niagara Falls and was wondering what is the meeting agenda for March 19 at City Hall regarding the future official plan for the city. I am one out of 8 land owners combing 150.8 acres of land that would like to submit our lands for consideration to place inside the urban boundary lines. Our lands start at Kalar Road and finish at Garner road. Wondering if there is a chance to discuss our properties as we are situation close by transit, utilities and other housing developments subdivisions and within the city. See below. Thanks John Cell 289 241 1383 From: Francesca Berardi Sent: Tuesday, May 28, 2024 11:37 AM Page 58 of 60 Page 118 of 500 Appendix 1 Our Niagara Falls Plan - Responses received through Public Engagement 37 To: 'Roseanne Morissette' Subject: RE: Our Niagara Falls Plan - Notice of Public Open House Good morning Roseanne, Thank you for sharing your views on this article. Your input is valuable to the process and will be part of our consideration as we work through the Official Plan process. I have noted your comments and have shared your email with The Planning Partnership, our Consultants on the project. Regards, Francesca Francesca Berardi | Senior Official Plan Project Manager | Planning, Building & Development | City of Niagara Falls (905) 356-7521 ext. 4238 fberardi@niagarafalls.ca Mailing address: 4310 Queen Street, PO Box 1023 | Niagara Falls, ON L2E 6X5 | From: Roseanne Morissette <rmorissette7@bell.net> Sent: Friday, May 24, 2024 7:18 PM To: Francesca Berardi <fberardi@niagarafalls.ca> Subject: Re: Our Niagara Falls Plan - Notice of Public Open House Hi Francesca, I read an article in the Niagara Independent about Mayor Diodati advocating for dynamic parking pricing. This seems to fly in the face of the city's efforts regarding the Niagara Falls Plan. In this article this statement jumped out: "It’s also an idea he thinks could receive support from local taxpayers because much of the dynamic pricing would make it more expensive (and profitable) for tourists to park in Niagara Falls." How can we talk about sustainable tourism and being attractive internationally, when on the other side of our mouth we are talking about taking advantage of people? Visitors to Niagara Falls already talk about being ripped off. Why can't we focus on making Niagara Falls a great experience for everyone - residents and tourists alike? Roseanne Morissette Page 59 of 60 Page 119 of 500 Appendix 1 Our Niagara Falls Plan - Responses received through Public Engagement 38 ------ Original Message ------ From: fberardi@niagarafalls.ca To: fberardi@niagarafalls.ca Sent: Friday, May 24th 2024, 12:55 Subject: Our Niagara Falls Plan - Notice of Public Open House Good day, Please find attached a Notice of Open House(s) for the City’s new Official Plan. We are forwarding you a copy of this Notice as you have requested notification through previous conversations with the City or through our Let’s Talk Niagara Falls page. The City’s Consultant, The Planning Partnership will be providing a brief introduction to 6 Discussion Papers based on the topics of: an Attractive City, a Connected and Mobile City, a Cultural City, a Green and Resilient City, a Growing City and an International City to be followed by small group conversations on each topic. There will be 2 in person sessions and a virtual session for each Discussion Paper. Please feel free to attend the session that is most convenient to you - all sessions will cover the same content. The full Discussion Papers and summary pages will be available for your review after May 29, 2024 at https://letstalk.niagarafalls.ca/nfplan. Copies will also be available at the in person open houses. Also, it is noted for your information that The Planning Partnership will present a project status update at the June 18th Meeting of Council. Respectfully, Francesca Francesca Berardi | Senior Official Plan Project Manager | Planning, Building & Development | City of Niagara Falls Page 60 of 60 Page 120 of 500 A New Official Plan for Niagara Falls Council Presentation June 18, 2024 Page 121 of 500 Why we are here • Learn about who we’ve been talking to over the past 3 months • More detail about the topics covered in the 6 discussion papers Niagara Falls New Official Plan2Page 122 of 500 Process Phase 1 – Project Initiation & Visioning Robust Community Engagement and Consultation program, to clearly understand the community’s vision for the future of Niagara Falls Phase 2 – Background Research & Discussions Papers (Current Phase) Undertake background research and explore community priorities on a variety of topics, through detailed Discussion Papers Phase 3 - Policy Direction Explore guiding policy, based on the Phase 1 visioning, Phase 2 discussion papers, and community feedback Phase 4 - Draft New Official Plan Present draft official plan for community and stakeholder consideration Phase 5 - Approval Process Refine and finalize the Official Plan based on feedback received in Phase 4, for final Council approval Niagara Falls New Official Plan3Page 123 of 500 At-a-glance... who we’ve talked to Niagara Falls New Official Plan4Page 124 of 500 In particular April: 20 one on one conversations and five stakeholder meetings May: Earth Day, Niagara Networks June 6 and June 11: Two in person public workshops and three virtual meetings May 29 and June 6: visits to AN Meyer and Westlane High School classes June 2024: 4 youth ambassadors talking to students/compiling results from an on-line survey Niagara Falls New Official Plan5Page 125 of 500 What’s next? • finalize the on line survey, • compile all of the input received to date • on-line survey seeking response to “things to think about” in each of the Discussion Papers • meetings with the Committees of Council • reach out to community groups • pop up engagement • report out on “what we’ve heard” so far Niagara Falls New Official Plan6Page 126 of 500 ✔environmental groups ✔industry and business ✔high school and elementary school students ✔residents ✔Business Improvement Associations ✔staff from the City and agencies ✔Notice of Commencement sent to Mississauga of the Credit First Nation and Six Nations We have heard from:Niagara Falls New Official Plan7Page 127 of 500 Web page 3,081 visits 310 contributions 72% direct visits 15% social media visits Niagara Falls New Official Plan8Page 128 of 500 Survey #1 Participants Top 3 age cohorts: • 65-74 • 55-64 • 35-44 135 Quick Poll contributions 147 Form contributions Niagara Falls New Official Plan9Page 129 of 500 Emerging themes from survey • Housing and homelessness • Focus more on the non-tourism aspects of the city • Protection of the natural environment over continued sprawl and development • Road improvements, cycle routes, trails and traffic • Appearance of the City – need for improvements (beautification) to the public realm/urban fabric, quality of the built form/architecture, and maintenance of roads • Protection and improvement to parkland system • Property maintenance standards – vacant/abandoned or decrepit buildings Niagara Falls New Official Plan10Page 130 of 500 Discussion Paperskey topics / graphic lockups City of Niagara Falls | Ocial Plan Identity Development key topics / graphic lockups City of Niagara Falls | Ocial Plan Identity Development Discussion Papers act as a point of departure for conversations about new opportunities, design strategies and policy direction.Niagara Falls New Official Plan11Page 131 of 500 Attractive City key topics / graphic lockups City of Niagara Falls | Ocial Plan Identity Development Healthy Communities Place-making Urban Design Public Realm Design Parks and Open Spaces Complete Streets Private Realm Compatibility/Intensification Niagara Falls New Official Plan12Page 132 of 500 Attractive City key topics / graphic lockups City of Niagara Falls | Ocial Plan Identity Development Some of what we are hearing.... Niagara Falls is not the showcase I remember. We have to do a lot of work to do to bring us to a standard to welcome people back. Want to see better quality parks, cycling trails Niagara Falls has lots of beautiful parks – no complaints or recommendations, done a good job on parks. Downtown was vibrant until Niagara Square’s construction. Inspiration from restored downtowns such as Knoxville, Tennessee and Nelson, BC. Need to revitalize and restore original buildings instead of replacing them. Encourage for new businesses in downtown. The cemeteries are attractive - Fairview Cemetery has beautiful sculptures/memorials. Perfect how they hold Remembrance Day service there. Protect the city’s urban village, smaller town feel.Niagara Falls New Official Plan13Page 133 of 500 Cultural City key topics / graphic lockups City of Niagara Falls | Ocial Plan Identity Development Protect Heritage Resources Promote & Enhance Heritage Experiences The Role of Programming in Enhancing Culture Planning for Public Service Facilities Niagara Falls New Official Plan14Page 134 of 500 Cultural City key topics / graphic lockups City of Niagara Falls | Ocial Plan Identity Development Some of what we are hearing.... Niagara Falls does not seem to care about history – razed historic neighbourhoods, demolish heritage-designated school to expand cemetery. Cultural events often require leaving the city (e.g., St. Catharines for symphony, theater; Niagara-on-the-Lake for Shaw Festival, art classes, wineries). Art and culture should be spread throughout the city. Events are primarily located in tourist areas, which residents often avoid. Tourists view downtown as Clifton Hill, while residents see it as Queen St. and Victoria Ave. City feels fragmented with no unified cultural identity. Loss of old buildings due to neglect and lack of funding. Strong sense of community in neighbourhoods. Rich historical aspects like the underground railroad and Lundy’s Lane are not celebrated. Welland Canal’s history is underrepresented.Niagara Falls New Official Plan15Page 135 of 500 Connected & Mobile City key topics / graphic lockups City of Niagara Falls | Ocial Plan Identity Development Mobility is More than Cars, Trucks & Trains What Does a Complete Street Entail? First and Last Mile Trails Street Connectivity Connecting the Transportation Network Niagara Falls New Official Plan16Page 136 of 500 Connected & Mobile City key topics / graphic lockups City of Niagara Falls | Ocial Plan Identity Development Some of what we are hearing... Niagara Falls should think about Light Rail Transit as well as GO. The only semi-good public transportation are the WeGo buses, which almost exclusively serve Niagara Parks and the tourist districts. Need different measures to slow traffic, without speed bumps and stop signs. Traffic is bad. Roads to be expanded: Dorchester, Drummond, Thorold Stone Road - easily expanded, use their wide boulevards to create 3 lanes. Regional Transit system has resulted in a lot of vacant buses. Not getting value for money. Need bigger, accessible, sidewalks, bike, and electric scooter rentals. (Kitchener Waterloo is doing a good job integrating cars, rentals, walking.) Lots of bike lanes that just stop. Consideration for micro-mobility options like scooters and segways. Preference for gentle intensification and mid-size densities in urban development. Concerns about safety around transit stops and the need for better accommodation for vulnerable populations.Niagara Falls New Official Plan17Page 137 of 500 Green & Resilient City key topics / graphic lockups City of Niagara Falls | Ocial Plan Identity Development Protect & Enhance Natural Systems Urban Forest and Tree Preservation Water Resources System Innovation and Resiliency Climate Change Mitigation & Resilience Niagara Falls New Official Plan18Page 138 of 500 Green & Resilient City key topics / graphic lockups City of Niagara Falls | Ocial Plan Identity Development Some of what we are hearing... In 2051, my Niagara will have many public gardens for its residents to grow vegetables. Teaching people how to grow their own food could be life saving to those who cannot afford fresh produce. Our watershed and forests, wetlands and all remaining green areas are our assets to protect. Our Official Plan must reflect our respect, appreciation and gratefulness of being blessed with these magnificent natural features. Green space very important, need to think about how to build urban green space as different kinds of landscapes. (Kansas City good model for green space revitalization) Prefer planted medians – Woodland Boulevard is a great example of a suburban street, no bike lanes, but safe, with median with trees. Planting street trees does not make up for removing a forest. Recognize Niagara Falls’ location in the Carolinian Zone, preserve its forests and diverse species. Advocate for green infrastructure integration to maintain ecological balance amid urban growth.Niagara Falls New Official Plan19Page 139 of 500 Growing City key topics / graphic lockups City of Niagara Falls | Ocial Plan Identity Development How & Where to Grow Meet Housing Needs as a Growing City Future-Proofing with Flexible Policies Niagara Falls New Official Plan20Page 140 of 500 Growing City key topics / graphic lockups City of Niagara Falls | Ocial Plan Identity Development Some of what we are hearing.... Downtown should not be just for visitors - try to get people living in this area. Niagara Falls does not need densification: lots of space. Large number of rental units available, many houses for sale. Should do more with what we have instead of taking over more green space. A lot of homeless, need single person residences; more apartments for baby boomers who give up their houses, and housing for seniors - but not stacked townhouses. Suburban sprawl has led to issues of social poverty and poorly maintained streets. Interest in moving to Niagara Falls from the GTA. Emphasis on orderly, sustainable growth through infill, intensification, and rehabilitation.Niagara Falls New Official Plan21Page 141 of 500 International City key topics / graphic lockups City of Niagara Falls | Ocial Plan Identity Development Attract Industrial Jobs & Position Niagara Falls as a Gateway Economic Zone Ready Niagara Falls for Economic Opportunities Renew and Redefine the Niagara Falls Tourist Proposition The City’s Supply of Employment Land Right-size the City’s Retail & Commercial Sector Niagara Falls New Official Plan22Page 142 of 500 International City Some of what we’ve heard so far.... One thing Niagara Falls needs is an environment that attracts foreign visitors who want to slow down and enjoy the scenery. Bring some European style culture to Niagara Falls. Niagara Region’s designation as a foreign trade zone brings potential incentives and policy support to attract businesses. Significant interest from businesses looking to use Niagara as a gateway to the US and European markets. Niagara Parks Commission owns lots of land. They should designate more areas for cafes and sit down space looking out over the falls or just as people walk about on the grounds. Let’s make the Falls area not just a viewing opportunity but a refreshing experience. Niagara Falls is tourist town, but that’s what makes the region unique. The city has “a community vibe” and whatever tourists use, locals will use. Transit issue: tourists don’t have change; need better signage re: presto, no cards, cash. Need strategies to retain visitors for longer stays. key topics / graphic lockups City of Niagara Falls | Ocial Plan Identity Development Niagara Falls New Official Plan23Page 143 of 500 Let’s imagine the city in 2051 liveable city biodiversity wonderful natural hospitality inclusive built environment Canadian heritage, preserve it! a place where people can connect through recreation, culture... the seventh wonder of the world A city where all people regardless of age, income or ability can move with ease to all the City has to offer. natural beauty a beautiful and green place sustainable city Niagara Falls New Official Plan24Page 144 of 500 Process Phase 1 – Project Initiation & Visioning Robust Community Engagement and Consultation program, to clearly understand the community’s vision for the future of Niagara Falls Phase 2 – Background Research & Discussions Papers (We are here) Undertake background research and explore community priorities on a variety of topics, through detailed Discussion Papers Phase 3 - Policy Direction (July - September) Explore guiding policy, based on the Phase 1 visioning, Phase 2 discussion papers, and community feedback Phase 4 - Draft New Official Plan (September to November) Present draft official plan for community and stakeholder consideration Phase 5 - Approval Process (December to early 2025) Refine and finalize the Official Plan based on feedback received in Phase 4, for final Council approval Niagara Falls New Official Plan25Page 145 of 500 What’s next We are in beginning the third phase of the project. ✔Compile input on topics to consider for the new Official Plan ✔Working session with City staff to take what we have heard to prepare a vision for the Official Plan ✔Post the What We’ve Heard Report ✔Key Directions for the new Official Plan Niagara Falls New Official Plan26Page 146 of 500 A New Official Plan for Niagara Falls Page 147 of 500 The City of Niagara Falls, Ontario Resolution June 18, 2024 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 June 18, 2024, Niagara Falls City Council will be holding a Closed Meeting as permitted under s. 239 (2) of the Municipal Act, namely; (a) the security of the property of the municipality (b) personal matters about an identifiable individual (c) a proposed or pending acquisition or disposition of land by the municipality; (d) labour relations or employee negotiations (f) advice that is subject to solicitor-client privilege, including communications necessary for that purpose; THEREFORE BE IT RESOLVED that on June 18, 2024, Niagara Falls City Council will go into closed meetings to consider matters that fall under section 239 (2) (a), the security of the property of the municipality as it relates to cyber -security as well as insurance purposes; (b) personal matters about identifiable individuals applying to various committees; (c) a proposed or pending acquisition or disposition of land by the municipality related to an encroachment agreement; (d) labour relations or employee negotiations related to employee contract negotiations; and (f) advice that is subject to solicitor-client privilege respecting a procurement matter as well as the collection of taxes. AND The Seal of the Corporation be hereto affixed. WILLIAM G. MATSON JAMES M. DIODATI CITY CLERK MAYOR Page 148 of 500 PBD-2024-024 Report Report to: Mayor and Council Date: June 18, 2024 Title: AM-2022-021 – Official Plan & Zoning By-law Amendment Part Lot 175 Portage Road (PID 4866); North of Marineland Parkway Proposal: 812-unit apartment dwelling consisting of two towers with building heights of 29 storeys and 38 storeys. Applicant: Rundanco Inc. Agent: Bousfields Inc. (Cale Vanderveen / Caitlin Allan) Recommendation(s) 1. By-law Zoning and Amendment Plan Official the approve Council That Amendment to facilitate the development of an 812-unit apartment dwelling consisting of two towers with building heights of 29 storeys and 38 storeys, subject to the regulations and modifications outlined in this Report. 2. the require to provision (H) a Holding by-law amending the That include submission of an updated Wind Study, the submission of a detailed Noise and Vibration Impact Study, the inclusion of warning clauses with respect to noise, air quality and archaeological resources, and the implementation of various noise and air quality mitigation measures through future Site Plan and/or Condominium Agreements. 3. That the amending by-law include a sunset clause to require the execution of a Site Plan Agreement or the receipt of Draft Plan of Condominium approval within three years of the amending by-law coming into effect, with the possibility of a one-year extension Manager of Planning, General discretion of the at the Building and Development. Executive Summary Plan and Amendment Official Zoning requested has Inc. Rudanco an By-law Amendment for a vacant parcel of land located on Portage Road, north of Marineland Parkway. The application proposes the development of an 812-unit apartment dwelling consisting of two towers with building heights of 29 storeys and 38 storeys. The amendments are recommended by Staff, subject to the inclusion of a Holding (H) provision to require the submission of an updated Wind Study, the submission of a detailed Noise and Vibration Impact Study, the inclusion of warning clauses with respect Page 1 of 30 Page 149 of 500 to noise, air quality and archaeological resources, and the implementation of various noise and air quality mitigation measures through any future Site Plan and/or Condominium Agreements. Provided that the Holding (H) provision is approved as recommended, the amendments are recommended for the following reasons:  The proposed development conforms to Provincial, Regional, and City policies as it will utilize existing municipal infrastructure and services, minimize urban land consumption and facilitate high quality built form;  The proposed development will support the creation of a complete community by acting as a catalyst for future commercial/retail development in the area;  The proposed development will not adversely impact significant built heritage resources and significant cultural heritage landscapes;  The proposal will contribute to the City’s intensification target and will assist with diversifying the range of housing types and unit sizes that are available to accommodate current and future market-based needs;  The proposed development is compatible with nearby industrial operations and will maintain appropriate levels of public health and safety;  The proposed site-specific amendments to the Tourist Commercial Zone are appropriate for the area and conform with the intent of the Official Plan; and,  The proposed development is supported by City, Regional, and Niagara Parks Commission Staff. Background By-law Zoning and Amendment Plan Rudanco an requested has Inc. Official Amendment for a vacant parcel of land located on Portage Road, north of Marineland Parkway and totaling approximately 1.24 hectares, as shown on Schedule 1. Schedules 2 and 3, which contain a Conceptual Site Plan and Conceptual Renderings, show the details of the proposal. City Staff received the original application submission in September of 2022, which contemplated the development of a 623-unit apartment dwelling consisting of two towers with building heights of 25 storeys and 35 storeys. Following the first Public Information applicant’s the and 2022 House October on Open receipt 27th, of City/agency comments in December of 2022, the applicant provided a resubmission to the City in December of 2023, which increased the building height and number of dwelling units to 29 and 38 storeys and 832 units, respectively. Following the receipt of Page 2 of 30 Page 150 of 500 City/agency comments in January of 2024, the applicant provided the City with a final resubmission in April of 2024. The resubmission maintained the same building height, decreased the number of dwelling units to 812, and introduced an additional level of underground parking. The subject lands are designated Tourist Commercial in accordance with the City of Niagara Falls Official Plan, and are located within the Fallsview Tourist Subdistrict, which envisions a maximum building height of 4 storeys. As the proposed development exceeds 30 storeys in height, the applicant is proposing to amend Part 2, Section 4, Subsection 4.6.11 of the Official Plan to permit building heights of 29 storeys and 38 storeys. The lands are zoned Tourist Commercial (TC) Zone in accordance with Zoning By-law No. 79-200. The applicant is proposing to rezone the property to a site-specific TC Zone that permits standalone apartment dwellings, an increase to the maximum building height, and reductions to the parking rate and rear yard depth. Further, the proposed amendment seeks to eliminate the maximum lot coverage requirement, establish Portage Road as the front lot line, consider the whole of the lands as one lot for lot area purposes, and secure loading spaces on site. Relief is also required to reduce the width of parking stalls. Site Condition and Surrounding Land Uses The subject lands, which do not have a municipal address, are located north of Marineland Parkway and southwest of Portage Road. The lands are approximately 1.28 hectares in size and are currently used for outdoor storage and parking. Surrounding land uses include:  North – vacant parcel of land zoned and designated Tourist Commercial and McLeod Road.  South – Canadian Niagara Power electrical substation, Marineland Parkway, and Washington Mills Electro Minerals Corporation.  East – Portage Road and Queen Victoria Park, comprised in part of a treed moraine, the Floral Showhouse and Oak Hall, which is collectively recognized as a provincially significant area of Cultural Heritage Value or Interest in accordance with Ontario Regulation 10/06.  West – Canadian Pacific Railway spur line and lands owned by Hydro One Networks Inc. containing two red-brick buildings. Page 3 of 30 Page 151 of 500 Circulation Comments Information regarding the requested Official Plan Amendment and Zoning By-law Amendment application was circulated to City departments and divisions, agencies, and the public for comments. The following summarizes the comments received to date. Regional Municipality of Niagara  Regional Staff offer no objections to the proposed application and are satisfied that the proposal is consistent with the Provincial Policy Statement and conforms to Provincial and Regional plans.  Regional Staff reviewed the Phase One and Two Environmental Site Assessments, prepared by Soil-Mat Engineers & Consultant Ltd. and dated July 2021 and October 2021, respectively. As a Record of Site Condition has been filed with the Ministry of the Environment, Conservation and Park’s (MECP), Staff do not require a Letter of Reliance from a Qualified Professional. Accordingly, Regional Staff are satisfied that site condition matters for the property have been addressed.  The D-6 Land Use Compatibility – Air Quality Study and Response Letter, prepared by EXP Services Inc. and dated March 26th, 2024 were peer reviewed by WSP Canada Inc. on behalf of Regional Staff.  The proposed development is located 295 m from Washington Mills Electro Minerals Corporation, referred herein as “Washington Mills”. Washington Mills is identified as a Class III facility, having a minimum separation distance of 300 m and area of influence of 1,000 m. However, Washington Mills has an Air Environmental Compliance Approval (Air ECA) for its operations, meaning that they are required to meet the standard for air quality at the property line and beyond. Although the subject lands may not have been considered in the Environmental Compliance Approval process as they were vacant, it is noted that existing residences are present within Washington Mills’ area of influence, with the closest building located approximately 315 metres southwest of the facility. Further, the Niagara Falls Slough Forest Wetland Complex is included in the property boundary of Washington Mills and provides a buffer of approximately 133 metres. This buffer increases the separation distance of Washington Mills from the subject lands, thus locating it outside of the 300 metre minimum separation distance, as shown on Schedule 4.  Due to the presence of existing residences in the area and the Air ECA, the proposed development is expected to be compatible with surrounding land uses from an air quality perspective, provided that appropriate mitigation is Page 4 of 30 Page 152 of 500 implemented into the design of the development, as detailed in the recommendation of the March 26th, 2024 Study. This includes the recommendation to further assess the impacts of the industrial operations at Washington Mills on the proposed development, and the implementation of best practices for building pressurization and filtration, and the installation of central air these that note Staff closed. allow to windows to conditioning remain recommendations will be addressed at the future Site Plan Control/Draft Plan of Condominium stage and will be secured through a Holding (H) provision.  The Noise and Vibration Impact Study and Peer Review Comment Response, prepared by Thornton Tomasetti and dated October 24th, 2023 and March 22nd, 2024, respectively, were peer reviewed by WSP Canada Inc. on behalf of Regional Staff. WSP considers the revised Study acceptable for the Official Plan and Zoning By-law Amendment application. Noise impacts associated with the proposed development are expected to be able to meet all applicable Ministry of the with the (MECP) requirements and Conservation Environment, Parks inclusion of noise control measures and warning clauses, which will be secured through a Holding (H) provision. WSP recommends that any significant stationary noise sources associated with the proposed development be assessed in more detail and addressed at the future Site Plan Control/Draft Plan of Condominium stage when more detailed designs are confirmed. A Holding (H) provision is recommended to require the submission of a detailed Noise and Vibration Impact Study.  Regional Staff will continue to monitor the intersection of Marineland Parkway and Stanley Avenue for any signal timing improvements required.  The Region has not expressed concerns with respect to servicing capacity. However, it is noted for information purposes that the Region’s current Master Servicing Falls south the to Niagara required identified Plan upgrades wastewater infrastructure, which included the planned decommissioning of the existing Southside High Lift Sewage Pumping Station, with flows to be conveyed directly to the new Waste Water Treatment Plant via a new gravity trunk sewer. The notice of completion for the Environmental Assessment for the new South Niagara Falls WWTP and servicing solutions was filed in September 2023.  The subject property has frontage on Portage Road, which is designated as part of the Regional Niagara Bicycling Network. The bicycle routes are currently not established and identified with signage, however, it is the intent of the Region to make provisions for doing so when an appropriate opportunity arises.  The lands did not meet the Province’s criteria for archaeological potential. The inclusion future any in clauses of archaeological standard Site warning Plan/Condominium Agreement is recommended and will be secured through a Holding (H) provision. Page 5 of 30 Page 153 of 500 Building Services  All required building permits and demolition permits shall be obtained prior to the commencement of any demolition or construction.  The Fire Prevention Division will assess the proposal as it relates to on-site fire- fighting practices at the Site Plan Control stage.  A spatial-separation fire-protection review will be conducted at the building permit stage.  City, Regional and Educational Development charges will be assessed at the building permit stage.  A Geotechnical Report shall be submitted at the building permit stage.  Wind-loading structural analysis-modelling may also be required. Business Development  In accordance with the D-6 Land Use Compatibility – Air Quality Study, prepared by EXP Services Inc. and dated November 10th, 2023, Staff note that the proposed development is located 295 m from Washington Mills. Washington Mills is a Class III facility, having a minimum separation distance of 300 m and area of influence of 1,000 m.  The current and future operations of Washington Mills and Myer Salit Steel are not affected by the proposed development.  The recommended warning clauses should be included in all Agreements of Purchase, Sale, Lease, Rent or Occupancy, and it is recommended that the Developer engages the heavy industrial operators to ensure satisfactory wording is integrated. Enbridge  No objections. Fire Services  No concerns with respect to the Official Plan and Zoning By-law Amendment application.  Technical comments will be provided at the future Site Plan Control/Draft Plan of Condominium stage. Page 6 of 30 Page 154 of 500 Information Services (GIS)  Addressing will be reserved for the future Site Plan Control/Draft Plan of Condominium stage. Planning (Urban Design, Landscaping & Cash-in-lieu of Parkland Dedication)  Cash-in-lieu of parkland dedication will be collected at the Site Plan Control stage at the current prescribed rate of 5% for residential uses.  A Landscape Plan was submitted with the application, which will be reviewed in detail at the future Site Plan Control/Draft Plan of Condominium stage. The Landscape Scoped the of recommendations the integrate shall Plan Environmental Impact Study, prepared by Myler Ecological Consulting and dated August 5th, 2022, as they relate to the planting of native tree, shrub and plant species that may complement and enhance the biodiversity and ecological function of the nearby moraine.  A Tree Inventory and Preservation Plan and Report, prepared by Kuntz Forestry Consulting Inc. and dated June 2022, was submitted with the application. The Plan, which will be reviewed in detail at the future Site Plan Control/Draft Plan of Condominium stage, proposes the removal of 25 trees to accommodate the proposed development and associated on-site landscaping. o Given that the trees are not located within an Environmental Conservation Area in accordance with the City’s Official Plan and are not regulated under the Regional Woodland Conservation By-law, compensation is not being sought by the City at a rate of 2:1. o The recommendations of the Plan and Report will be implemented at the future Site Plan Control/Draft Plan of Condominium stage. o The applicant is encouraged to retain existing trees wherever possible, especially within landscaped areas along the west property line. o The removal of trees on neighbouring properties will require written agreement from the property owner. Page 7 of 30 Page 155 of 500 Municipal Works (Development Engineering)  Third-party infrastructure modelling of the water and sanitary sewer systems was completed. The assessment results are as follows: o The existing municipal sanitary infrastructure has sufficient capacity to accommodate the additional flows. o A minimum of 300 mm diameter watermain is required to meet the fire flow requirement for the proposed development. The upgrade extent includes and Road, to Avenue Portage from Road McLeod Stanley trunk Portage Road from McLeod Road to the 750 mm watermain connection, located approximately 400 m south of Marineland Parkway.  Design and construction of the watermain upgrade/replacement will be at the sole cost of the applicant. A Development Agreement may be required. Municipal Works (Transportation Services)  Staff support the proposed application.  Boulevard and between road collector Fallsview a is Road city Portage Marineland Parkway and has a planned right-of-way of 26.0 m. Portage Road abutting the subject lands is 20.12 metres wide. As such, a 2.94 metres road widening is required, and will be secured at the future Site Plan Control/Draft Plan of Condominium stage.  The City started an Environmental Assessment (EA) Study in 2013 for Portage Road between Fallsview Boulevard and Marineland Parkway to address issues related multi-modal to roadway geometrics, pavement conditions and transportation accommodation. The Study is currently on hold. The City is planning on updating its Transportation Master Plan, and this Study will likely be readdressed at that time.  A Traffic Impact Study, prepared by Paradigm Transportation Solutions Limited and dated August 2022, was submitted with the application. Updated studies were provided in November of 2023 and April of 2024 following the changes to the proposal. The key recommendation of these studies is that a left turn lane is warranted in the eastbound direction on Marineland Parkway at Portage Road under existing and future background conditions. This lane would need to be lengthened to accommodate the projected traffic demands of the development. Staff are satisfied that the proposed lane can be accommodated in the existing right-of-way. This will be reviewed in detail at the future Site Plan Control/Draft Plan of Condominium stage. Page 8 of 30 Page 156 of 500  A total of 937 parking spaces are proposed, which equates to a rate of 1.15 parking spaces per dwelling unit. Staff support the proposed reduction to the parking rate from 1.4 parking spaces per dwelling unit to 1.15 parking spaces per dwelling unit. Further, Staff are satisfied that through this parking rate, parking for residents and visitors can be accommodated appropriately on site.  A minimum of 21 accessible parking spaces are required. The application is proposing a total of 22 accessible parking spaces.  The applicant is proposing 33 short term bicycle parking spaces, at a rate of 0.04 bicycle parking space per dwelling unit, presumably for visitors, and 331 bicycle parking spaces, at a rate of 0.41 bicycle spaces per dwelling unit, presumably for residents. Staff support the inclusion of bicycle parking, as it encourages active transportation and for transportation commuting modes alternate and of recreational purposes. Staff also the support the applicant’s proposal for 0.2 parking spaces per dwelling unit for electric vehicles. o The Traffic Impact Study provides a cursory review of the circulation of passenger cars, garbage vehicles and delivery trucks. No issues are noted at this time. A detailed reviewed will be completed at the future Site Plan Control/Draft Plan of Condominium stage.  Parking is prohibited, along with a Tow Away Zone designation, on both sides of Portage Road between Marineland Parkway and Fallsview Boulevard. Parking is also prohibited on Marineland Parkway, and on Portage Road east of Marineland Parkway.  There are no transit routes on Portage Road directly adjacent to the site. However, Niagara Region Transit routes #106/206 and #112 travel east and west on Marineland Parkway and the eastern segment of Portage Road. The closest bus stops are on each side of Portage Road at Oak Hall, approximately 300 metres away. Municipal Heritage Committee  Staff presented the revised proposal to the Municipal Heritage Committee at their January 27th, 2024 meeting.  The Committee finds the conclusions of the Cultural Heritage Impact Assessment to be accurate and valid. Further, the Committee does not object to the proposed development. Page 9 of 30 Page 157 of 500 Niagara Parks Commission  The Niagara Parks Commission received and reviewed the revised submission and have no comments or questions regarding the revised submission. Neighbourhood Comments A Public Information Open House for the original submission was held on October 27th, 2022 and was attended by Councillor Lococo, the applicant and their agent, planner, architect and various subconsultants. No area residents were in attendance. Following the recent changes to the application, a subsequent Public Information Open House was held on May 9th, 2024, and was attended by Councillor Thompson, and the applicant’s planner, agent and architect. An employee of Canadian Niagara Power was also in attendance for information purposes. Attendees provided positive feedback on the proposal, specifically with respect to the attractive architecture. Written comments were received in November of 2022 from a representative of Washington operation industrial Mills that Washington individual The Mills. notes generates a low frequency noise that can penetrate windows, thus creating a nuisance for residents of the future development and resulting in noise complaints. As a result, Washington Mills has indicated that they do not support the proposed development. Staff have not received any additional comments from Washington Mills since their written submission from November of 2022. Staff note the following in response to the comments raised by Washington Mills:  Staff note that at the future Site Plan Control/Draft Plan of Condominium stage, a condition will be incorporated into the Site Plan/Condominium Agreement to ensure that a warning clause, as recommended by the Noise and Vibration Impact Study and Peer Review Comment Response, prepared by Thornton Tomasetti and dated October 24th, 2023 and March 22nd, 2024, will be included all Agreements of Purchase, Sale, Lease, Rent or Occupancy. The warning clause will advise purchasers/tenants that due to the proximity of the nearby industry facilities, noise from the industry facilities may at times be audible. Analysis 1. Provincial Policies The Planning Act requires City planning decisions to be consistent with the Provincial Policy Statement (PPS) and conform to the Provincial “A Place to Grow” Plan. The proposed development is consistent and conforms as follows:  The proposed development satisfies matters of Provincial interest as outlined in Page 10 of 30 Page 158 of 500 Section 2 of the Planning Act;  transit is area, settlement within a is development proposed The located supportive, will support the creation of a complete community, will diversify the City’s housing stock, and will assist the City with meeting its intensification targets in the Built-up Area;  The proposed development minimizes urban land consumption and encourages the efficient use of existing municipal infrastructure and services;  The proposed development will not adversely impact significant built heritage resources and significant cultural heritage landscapes of Queen Victoria Park; and,  The recommended Holding (H) provision will facilitate the development of the lands in a manner that is compatible with nearby industrial operations and will maintain appropriate levels of public health and safety. 2. Regional Official Plan The subject land is designated Delineated Built-up Area in the Niagara Official Plan (NOP). The proposal conforms as follows:  The subject land is within the Urban Area and will utilize existing municipal infrastructure and services;  The proposal represents a compact built form, will facilitate an engaging and high-quality pedestrian environment, and will support the creation of a complete community by acting as a catalyst for future commercial/retail development in the area;  The proposal will contribute to the intensification target of 50% for the Built-Up Area of Niagara Falls; and  The proposal will assist with diversifying the range of housing types and unit sizes available to accommodate current and future market-based needs. 3. City Official Plan The subject lands are located within the Fallsview Tourist Subdistrict and adjacent to the Queen Victoria Park Tourist Subdistrict, in accordance with the City’s Official Plan. These two tourist subdistricts form part of the broader Central Tourist District. The Fallsview for location primary the Subdistrict function shall large as scale accommodations, entertainment, retail and cultural attractions, and shall be the primary Page 11 of 30 Page 159 of 500 location for high-rise hotels and multiple family residential developments in the Tourist Area. Queen Victoria Park shall be maintained as a high-quality, well-landscaped urban park within which to experience and protect the natural environment of Niagara Falls, the gorge and the Niagara River, and shall continue to function as the primary attraction and main destination for visitors to Niagara Falls. New buildings and structures shall be carefully sited and designed to complement and not detract from the open space, viewing function and cultural heritage value of Queen Victoria Park. A natural area known as the 'Treed Moraine' forms a backdrop to the Horseshoe Falls and Queen Victoria Park between Clifton Hill and Burning Springs Hill. It is a complex landscape which needs to be protected, properly maintained and stabilized and is recognized as an important local, regional and international landscape. This forested slope separates the urban, commercial development at the top of the moraine and the natural area of the Niagara Parks. Development in close proximity to the moraine should have regard to the Moraine Management Plan (January 21, 2000) prepared by the Niagara Parks Commission. The subject lands are designated Tourist Commercial in accordance with the City of Niagara not lands of intensification currently The Plan. Official Falls residential be may Commercial, Tourist designated as such Residential, designated lands permitted, provided that the proposal conforms with the height and design policies of Part 2, Section 4, and meets the minimum density requirement (75 units per hectare) for a high density development. The proposed development is located outside of the area of the City that is envisioned for high-rise development (13 to 30 storeys). Rather, a maximum building height of 4 storeys is envisioned for the subject lands. Further, an Official Plan Amendment is required for proposed developments in excess of the 30-storey height limit. The proposal is required to demonstrate conformity with the policies 4.1.23 and 4.1.24, and no significant adverse wind or shadowing impacts. The applicant is proposing to amend Part 2, Section 4, Subsection 4.6.11 of the Official Plan to facilitate the development of an 812-unit apartment dwelling consisting of two towers with building heights of 29 storeys and 38 storeys. Staff note that the Height Strategy (Figure 4) of the Official Plan would also have to be amended to reflect the applicant’s proposal. When considering an Official Plan Amendment, Council is to consider the conformity of the proposal with the general objectives of the Plan, the suitability of the site or area for the proposed use, the compatibility of the proposed use with adjacent land use designations, the need for the use, the availability of adequate municipal services and facilities for the proposed use, and its financial implications. Staff note that the application was received in September of 2022, prior to By-law No. 2023-006 coming into force and effect, which introduced new Official Plan policies with respect to affordable housing for the purpose of implementing the City of Niagara Falls Page 12 of 30 Page 160 of 500 Housing Strategy. As such, the application is not being assessed for conformity with Part 1, Section 4, Policy 4.4 of the City’s Official Plan. Staff note that the applicant has not indicated the estimated sale/rental prices of the proposed dwelling units. The proposal conforms with the intent of the Official Plan as follows:  The proposed development is located outside of the area of the City that is envisioned for high-rise development and building heights are to be reduced towards the periphery of the tourist core. However, Staff note that several amendments to the Official Plan and Zoning By-law have taken place since the introduction of these policies to allow for increased building height towards the periphery of the tourist core, including 6880 Stanley Avenue (Loretto), which was approved for 60 storeys in 2022 and is located approximately 1,000 metres away from the subject lands. It has been demonstrated that the proposed development is compatible with surrounding land uses and will not contribute to a “wall of development” due to its location at the periphery of the tourist core;  With a proposed density of 655 units per hectare, the proposed development exceeds the minimum density requirement of 75 units per hectare, thus representing an efficient use of serviced urban land. Staff note that the proposed development is not subject to a maximum density requirement;  Pursuant to By-law No. 2022-119, a Community Benefits Charge will be collected prior to building permit issuance, which can assist with funding the installation of urban in amenities and active transportation facilities, as identified the Community Benefits Charges Strategy;  The proposed development will front onto a collector road, is located in close proximity in located to proximity is transit routes, and Region Niagara to commercial/retail uses which will continue to expand/develop as a result of the proposed residential intensification;  Following the proposed upgrades to the watermain and left turn lane, both transportation and municipal infrastructure have adequate capacity to accommodate the proposal;  In accordance with the Cultural Heritage Impact Assessment and Addendum, prepared by MHBC Planning Ltd. and dated August 2022 and September 13, 2023, respectively, the proposed development conforms with the cultural heritage policies of the City’s Official Plan as it will not adversely impact Queen Victoria Park and Oak Hall, which are listed on the City’s heritage register, and form part of a provincially significant area of Cultural Heritage Value or Interest in accordance with Ontario Regulation 10/06;  In accordance with the Wind Driven Mist Assessment and Addendum, prepared by Rowan Williams Davies & Irwin Inc. (RWDI) and dated August 3rd, 2022 and Page 13 of 30 Page 161 of 500 October have will development proposed not respectively, 2023, 18th, the significant impacts on the existing misting conditions in the Table Rock Centre area given the local history of wind directionality, the large distance between the site and Niagara Falls, and the large distance between the site and the existing wall of tall buildings in the Fallsview area;  In accordance with the Scoped Environmental Impact Study, as requested by the Niagara prepared Ecological Myler and by and City, Commission Parks Consulting and dated August 5th, 2022, the proposed development will not negatively impact the moraine’s tree community and biodiversity, and is not in conflict with bird movements longitudinally along the moraine. The revised submission will provide a minimum of six to eight hours of direct sunlight year- round, which will contribute to the continued health and biodiversity of the moraine’s tree canopy. It is noted that the recommendations of this Study, namely with respect to the planting of native tree, shrub and plant species and bird-friendly design, will be addressed and integrated at the future Site Plan Control/Draft Plan of Condominium stage;  The Sun Shadow Study, prepared by Giannone Petricone Associates Inc. and dated February 14th, 2024, assesses the proposed development between the hours of 10:00 AM and 4:00 PM on June 21st and September 21st in accordance with industry practices and the City’s Tourist Area Design Guidelines. o Portage Road is identified as a Grand Boulevard in accordance with the City’s Official Plan and requires at least five hours of sunlight on either side of the public sidewalk on September 21st. Staff note that the Design Guidelines do not stipulate that sunlight exposure is to be provided consecutively. o Portage Road receives more than eight hours of consecutive sunlight on June 21st. Further, Portage Road receives approximately five hours of consecutive sunlight on September 21st between sunrise (7:03 AM) and 12:00 PM. Between 12:00 PM and sunset (7:14 PM), the shadows move quickly across Portage Road, resulting in additional sun exposure in the afternoon and into the evening. Marineland Parkway remains unaffected by the shadows generated by the proposed development. o The treed moraine located adjacent to the subject lands will receive a minimum of six to eight hours of direct sunlight year-round. In accordance with the Scoped Environmental Impact Study, this amount of sunlight will contribute to the continued health and biodiversity of the moraine’s tree canopy. o Queen Victoria Park and the associated cultural heritage resources remain unaffected by the extent of shadowing generated by the proposed development. Page 14 of 30 Page 162 of 500 The proposal does not conform with the intent of the Official Plan as follows: The Pedestrian Wind Study, prepared by RWDI and dated July 12th, 2022, indicates that uncomfortable wind impacts and unsafe wind speeds are generated by the proposed development. Although the Addendum prepared by RWDI and dated October 18th, 2023 indicates that the revised submission should contribute to improving the predicted wind conditions, Staff recommend that a Holding (H) provision be applied to the lands until such time that an updated Wind Study has been submitted to the satisfaction of the City demonstrating no unsafe or uncomfortable wind conditions and/or the effectiveness of proposed mitigation measures. 4. Architectural Design Review All development proposals in the Tourist Commercial area for buildings greater than 10 storeys are subject to an Architectural Design Review process. Giannone Petricone Associates Inc. submitted an Architectural Design Review Form that evaluates the project’s conformity to the 7 principles contained in the City’s Tourism Policy Review Implementation Handbook. Staff have reviewed the Form and note the following: Principle 1 – Positive Building Base This principle states that a positive base interface between the building and street elements is achieved through built to lines, setbacks, edge treatments, weather protection, transparency, proportion and scale.  The building base is clearly defined and designed to contextually harmonize with the surrounding landscape through the wave-like shape, brown metal cladding and green walls, which imitate an earth-form architectural expression. Further, the landscaped forecourt assists with creating activity adjacent to Portage Road;  The podium incorporates a generous overhang along the Portage Road façade and public the to protection providing areas, drop-off at weather realm/landscaped forecourt;  Vehicular drop-offs for both towers are integrated in the breezeway in the centre of the podium, forming a focal point and creating activity along the public street; and,  The visual impact of the above ground parking levels is reduced through the sloping and landscaping of the podium sides to create a green wall, and the integration of high-quality materials and articulation that creates visual interest. Page 15 of 30 Page 163 of 500 Staff recommend integrating treatments that do not depend on plant materials to ensure that adequate screening is achieved on a year-round basis. Principle 2 – Public Realm at Grade This principle states that achieving an upgraded pedestrian environment is achieved through high quality streetscape, planting, furniture, and signage.  The applicant is proposing to develop an engaging and high-quality pedestrian environment by creating a landscaped forecourt comprised of various plantings, trees, and upgraded landscaping treatments adjacent to Portage Road. Further, the applicant is proposing a new pedestrian path along the narrow portion of the subject lands that extends north to McLeod Road; and,  Should the Official Plan Amendment and Zoning By-law Amendment be approved, the City will collect a Community Benefits Charge, which can assist with funding the installation of urban amenities and active transportation facilities in the general area. Any plantings that are to be provided for wind mitigation purposes shall occur outside of the required Community Benefits Charge. Principle 3 – Skyview This principle seeks to maximize sky, light, and air transparency by providing adequate spacing and mass to avoid a feeling of a wall of development.  The point tower is well defined as a curvilinear form with stepped terraces integrated between the tower and the base podium;  The towers are strategically oriented and distanced to ensure that sunlight and sky view is maximized;  The towers run perpendicular to the escarpment edge, which assists with avoiding the feeling of a wall of development;  The towers step back in excess of 3 m from the podium below and maintain a separation distance of 34 metres, which exceeds the recommended guideline of 25 metres;  At 851 m2 and 948 m2, the floor plates of the proposed towers do not exceed the recommended guideline of 1,000 m2; Page 16 of 30 Page 164 of 500  Having length/width ratios of 1:2.13 and 1:1.93, the towers exceed the generally recommended length/width ratio of 1:1.5. However, it is noted that these ratios, coupled with the cylindrical design, results in narrower towers with quick-moving shadows and reduced visual impacts; and,  The towers are topped by angled mechanical penthouses and a green roof to create visual interest on the uppermost levels. Principle 4 – Skyline Height This principle states that the taller the building, the greater the emphasis should be on slenderness and visible skyview between towers.  The proposed development is located outside of the Skylon Tower’s 300 metre radius;  The towers are oriented perpendicular to the escarpment edge and maintain an adequate separation distance from one another, ensuring that sky view is maximized between the towers; and,  The cylindrical shape and vertical strips that are incorporated into the architectural design of the towers strengthens their slenderness, verticality, and proportion. Principle 5 – Views and Vistas This principle seeks to maintain or enhance visual connections to the Falls and across the border and avoid obstructing valuable views. The Skylon Tower is to remain a signature feature of the skyline.  The cylindrical shape and orientation of the towers assists with maximizing views of Niagara Falls and the escarpment;  As the proposed development is not located in proximity to the Skylon Tower, the development will not interfere visually with the Skylon Tower, which is a signature feature of the skyline;  Although the proposed development is located adjacent to Queen Victoria Park, the Cultural Heritage Impact Assessment and Addendum conclude that the towers will be visible in the backdrop of Queen Victoria Park and will not block significant views of or within the Park; and, Page 17 of 30 Page 165 of 500  The design, massing, and shape of the podium assists with creating a park-in- the-city effect, which is complementary to Queen Victoria Park and enhances views to and from Niagara Falls and the Niagara River. Principle 6 – Microclimate This principle seeks to implement design measures that will maximize comfort, enjoyment of the public realm, and minimize impacts on adjacent properties through shadow, wind, and snow.  The podium incorporates a generous overhang along the Portage Road façade and at drop-off areas, providing weather protection to the public realm/landscaped forecourt;  The Wind Driven Mist Assessment and Addendum indicate that the proposed development will not have significant impacts on the existing misting conditions in the Table Rock Centre area given the local history of wind directionality, the large distance between the site and Niagara Falls, and the large distance between the site and the existing wall of tall buildings in the Fallsview area;  Portage Road, Marineland Parkway, the treed moraine and Queen Victoria Park and the associated cultural heritage resources will receive adequate sunlight and remain by proposed the shadows generated by unaffected largely the development; and,  With respect to pedestrian level wind safety and comfort, Staff recommend that a Holding (H) provision be applied to the property until such time that an updated Wind Study has been submitted to the satisfaction of the City demonstrating no unsafe or uncomfortable wind conditions and / or the effectiveness of proposed mitigation measures. Principle 7 – Parking and Circulation This principle seeks to reduce the visual impact of parking lots and traffic impacts caused by remote parking lots by containing parking on-site in parking garages.  All parking associated with the proposed development will be provided underground (three levels) and above grade in the podium (three levels). The design of the podium reduces the visual impact of the above grade parking levels through the sloping and landscaping of the podium sides, and the integration of high-quality materials and articulation that animate the façade and avoid blank walls. Page 18 of 30 Page 166 of 500 5. Zoning By-law No. 79-200 The lands are zoned Tourist Commercial (TC) Zone in accordance with Zoning By-law No. 79-200. The applicant is proposing to rezone the property to a site-specific TC Zone that permits standalone apartment dwellings, an increase to the maximum building height, and reductions to the parking rate and rear yard depth. Further, the proposed amendment seeks to eliminate the maximum lot coverage requirement, establish Portage Road as the front lot line, consider the whole of the lands as one lot for lot area purposes, and secure loading spaces on site. Relief is also required to reduce the width of parking stalls. The departures requested from the standard TC Zone regulations are summarized in the following table: ZONE REGULATION EXISTING REGULATION REQUESTED REGULATION STAFF RECOMMENDATION (DETAILS TO FOLLOW) Permitted uses Dwelling units in a building in combination with one or more of the uses listed in the TC Zone, provided that no more than 50% of the total floor area of such building is used for dwelling units Apartment Dwelling SUPPORT Front lot line Portage Road To formally deem Portage Road as the front lot line SUPPORT, ALTHOUGH NOT REQUIRED Minimum Rear Yard Depth (i) where any part of the building is used for residential purposes 10 metres 9.7 metres to the podium SUPPORT Maximum Height of Buildings or Structure 12 metres subject to section 4.7 Podium: 12 metres Building A: 125 metres SUPPORT Page 19 of 30 Page 167 of 500 ZONE REGULATION EXISTING REGULATION REQUESTED REGULATION STAFF RECOMMENDATION (DETAILS TO FOLLOW) and 38 storeys, not including the mechanical penthouse Building B: 96 metres and 29 storeys, not including the mechanical penthouse Maximum Lot Coverage 70% Not applicable SUPPORT Minimum Parking Space Requirement In accordance with section 4.19.1 1.4 parking spaces per dwelling unit (812 dwelling units x 1.4 parking spaces per dwelling unit = 1,137 parking spaces) 1.15 parking spaces per dwelling unit (812 dwelling units x 1.15 parking spaces per dwelling unit = 934 parking spaces) Total Provided: 937 SUPPORT Minimum Parking Stall Width 2.75 m 2.70 m SUPPORT, ALTHOUGH NOT REQUESTED BY APPLICANT Minimum Lot Area Not applicable The whole of the Lands, save and except for any part required for road widening purposes SUPPORT, ALTHOUGH NOT REQUIRED Loading Area Requirements In accordance with section 4.20.1. 2 loading spaces SUPPORT, ALTHOUGH NOT REQUIRED Page 20 of 30 Page 168 of 500 ZONE REGULATION EXISTING REGULATION REQUESTED REGULATION STAFF RECOMMENDATION (DETAILS TO FOLLOW) Not applicable for an apartment dwelling The requested regulations can be supported for the following reasons:  The applicant’s request to add standalone apartment dwellings as a permitted use is supported by Staff. Residential intensification of lands designated Tourist Commercial may be permitted, provided that the proposal confirms with the height, design and density policies of the Official Plan. Staff are satisfied that the proposed development conforms with the intent of the Official Plan and support the addition of an apartment dwelling as a permitted use as it will assist with achieving residential intensification in a manner that is desirable, efficient, and appropriate.  The requested reduction to the rear yard depth for a portion of the podium is supported by Staff. The intent of a 10-metre rear depth is to ensure that residential uses are adequately setback from adjacent land uses. In cases where no part of the building is used for residential purposes, a 3-metre rear yard depth is required. Staff note that the portion of the podium to which the reduced depth applies instead, and units) dwelling (ie. residential contain not does uses contains parking and space for storage. All areas of the building that contain dwelling units exceed the 10-metre rear yard depth requirement of the Zoning By-law, and the 15-metre setback guideline for Spur Rail Lines in accordance with the Guidelines for New Development in Proximity to Railway Operations (2013). Further, it is noted that sufficient outdoor amenity space is proposed on site at grade, and by way of balconies and terraces.  Although the proposed development is located outside of the existing area of the City that is envisioned for high-rise development (13 to 30 storeys) and building heights are to be reduced towards the periphery of the tourist core, several recent amendments to the Official Plan and Zoning By-law have taken place to allow for increased building height towards the periphery of the tourist core. Staff are satisfied that the proposed development is compatible with surrounding land uses, will not result in adverse microclimate impacts (subject to the removal of the Holding (H) provision). For these reasons, the proposed increase in building height to 125 metres/38 storeys and 96 metres/29 storeys it appropriate and supportable.  The requested elimination of the maximum lot coverage requirement is supported by Staff. Staff note that the development will have to comply with the building setbacks identified on the proposed Height Schedule that will form part of the Page 21 of 30 Page 169 of 500 amending by-law. This will limit/secure the footprint of the proposed development, thus achieving a similar goal to that of maximum lot coverage provisions. However, Staff note that the Height Schedule will provide greater detail and certainty with respect to the ultimate development/build-out of the lands. Schedule 5 contains a Draft Height Schedule.  Transportation Services support the applicant’s request to reduce the parking rate to 1.15 parking spaces per dwelling unit. This rate is consistent with the modernized parking rate that is currently under review by the City.  Although not requested by the applicant, based on the zoning review completed by Staff, it is noted that relief is required to reduce the minimum width of the proposed parking stalls. Transportation Services support the minor reduction given that a 6.3 metre aisle is being maintained.  Although not required, Staff support the applicant’s request to consider the whole of the lands as one lot for lot area purposes and to establish Portage Road as the front lot line as it provides clarity from an implementation perspective.  Although not required, Staff support the applicant’s request to secure loading spaces on site as it assists with providing certainty with respect to the ultimate development/build-out of the lands. 6. Holding (H) Provision Staff recommend that the amending by-law include a Holding (H) provision to ensure that:  An updated Wind Study is submitted to the satisfaction of the City, demonstrating no unsafe or uncomfortable wind conditions and / or the effectiveness of proposed mitigation measures;  A detailed Noise and Vibration Impact Study is submitted to the satisfaction of the City and Region;  Future Site Plan and/or Condominium Agreements contain standard archaeological warning clauses with respect to the discovery of deeply buried archaeological resources to the satisfaction of the City and Region; and,  Various noise and air quality mitigation measures and warning clauses are implemented through future Site Plan and/or Condominium Agreements to the satisfaction of the Region and City, as recommended by the D-6 Land Use Compatibility – Air Quality Study and Response Letter, prepared by EXP Services Inc. and dated March 26th, 2024, as amended, and the Noise and Page 22 of 30 Page 170 of 500 Vibration Impact Study and Peer Review Comment Response, prepared by Thornton Tomasetti and dated October 24th, 2023 and March 22nd, 2024, respectively, as amended. 7. Sunset Clause provincial the for key a is priority of provision orderly and timely The housing government and the City of Niagara Falls. To ensure that housing is delivered in line with the existing and planned services that are required to support it, servicing cannot be held up in developments that fail to proceed in a timely manner. To encourage the timely development of the subject lands, Staff recommend that the amending by-law includes a sunset clause to require the execution of a Site Plan Agreement or the receipt of Draft Plan of Condominium approval within three years of the amending by- law coming into effect, with the possibility of a one-year extension at the discretion of the General Manager of Planning, Building and Development to provide flexibility. The proposed sunset clause is contemplated by Staff in accordance with Sections 34(16.1) and (16.2) of the Planning Act and Part 4, Sections 4.6.1 and 4.6.2 of the City’s Official Plan. Staff are of the opinion that the sunset clause or conditional zoning constitutes sound land use planning as it provides a mechanism to properly plan for the efficient use of the City’s services and allows for the appropriate allocation of servicing capacity for those who are ready to develop. Operational Implications and Risk Analysis There are no operation implications associated with this proposal. Financial Implications/Budget Impact The proposed development will provide development charges, cash-in-lieu of parkland dedication, a new tax assessment, and a Community Benefits Charge for the City. Strategic/Departmental Alignment While this proposal does not directly align with the Pillars of the 2023-2027 Strategic Plan, it does support the achievement of a liveable community. List of Attachments Schedule 1 Schedule 2 Schedule 3 Schedule 4 Schedule 5 Written by: Page 23 of 30 Page 171 of 500 Mackenzie Ceci, Senior Planner (Current Development) Submitted by: Status: Andrew Bryce, Director of Planning Approved - 10 Jun 2024 Kira Dolch, General Manager, Planning, Building & Development Approved - 10 Jun 2024 Jason Burgess, CAO Approved - 11 Jun 2024 Page 24 of 30 Page 172 of 500 SCHEDULE 1 Location Map Page 25 of 30 Page 173 of 500 SCHEDULE 2 Conceptual Site Plan N Page 26 of 30 Page 174 of 500 SCHEDULE 3 Conceptual Renderings Page 27 of 30 Page 175 of 500 SCHEDULE 3 Conceptual Renderings Page 28 of 30 Page 176 of 500 SCHEDULE 4 Area of Influence Page 29 of 30 Page 177 of 500 Portage Road4 . 6 2 . 9 4 1 2 . 5 5.01 2 . 1 2 . 8 1 0 . 6 21.92 2 . 5 9 . 7 36.02.81 5 . 3 1 5 . 0 16.61 8 . 415.434.0Lot 175, Geographic Township of StamfordRoad WideningDecember 2023NMaximum No. of Storeys1-4 Storeys5 Storeys29 StoreysSubject Lands38 Storeys6 StoreysSCHEDULE 5Draft Height Schedule Page 30 of 30Page 178 of 500 Address: Part Lot 175 Portage Road (PID 4866); North of Marineland Parkway Applicant: Rudanco Inc. Proposal: 812-unit apartment dwelling consisting of two towers with building heights of 29 storeys and 38 storeys Official Plan & Zoning By-law Amendment Application AM-2022-021 Page 179 of 500 A GREAT CITY…FOR GENERATIONS TO COME Location Canadian Pacific Railway Spur Line Canadian Niagara Power Electrical Substation Vacant Parcel of Land Floral Showhouse Oak Hall Washington Mills Lands Owned by Hydro One Networks Inc.Page 180 of 500 A GREAT CITY…FOR GENERATIONS TO COME Background Official Plan –Designated Tourist Commercial in the City’s Official Plan –Located within the Fallsview Tourist Subdistrict and adjacent to the Queen Victoria Park Tourist Subdistrict –Located outside of the area of the City that is envisioned for high-rise development (13 to 30 storeys) –An Official Plan Amendment is proposed to amend the Height Strategy and Subsection 4.6.11 of the Official Plan to facilitate the development of an 812-unit apartment dwelling consisting of two towers with building heights of 29 storeys and 38 storeys Page 181 of 500 A GREAT CITY…FOR GENERATIONS TO COME Background Zoning By-law No. 79-200 –Zoned Tourist Commercial (TC) Zone –Proposal to rezone the subject lands to a site-specific TC Zone –Site-specific relief is requested to: •include a standalone apartment dwelling as a permitted use •permit an increase to the maximum height of a building •permit reductions to the parking rate and the rear yard depth •eliminate the maximum lot coverage requirement •establish Portage Road as the front lot line •consider the whole of the lands as one lot for lot area purposes •secure loading spaces Page 182 of 500 A GREAT CITY…FOR GENERATIONS TO COME Site Plan Page 183 of 500 A GREAT CITY…FOR GENERATIONS TO COME Conceptual Rendering Page 184 of 500 A GREAT CITY…FOR GENERATIONS TO COME Conceptual Rendering Page 185 of 500 A GREAT CITY…FOR GENERATIONS TO COME Conceptual Rendering Page 186 of 500 A GREAT CITY…FOR GENERATIONS TO COME Conceptual Rendering Page 187 of 500 A GREAT CITY…FOR GENERATIONS TO COME Proposed Zoning Relief Min. Parking Spaces / Dwelling Unit & Width Proposed: 1.15 / 2.70 m width Required: 1.4 / 2.75 m width Permitted Uses Proposed Addition of: Apartment Dwelling Max. Building Height Proposed: Podium: 12.0 m Building A: 125.0 m & 38 storeys Building B: 96.0 m & 29 storeys Required: 12.0 m A B Min. Rear Yard Depth Proposed: 9.7 m Required: 10.0 m Page 188 of 500 A GREAT CITY…FOR GENERATIONS TO COME Neighbourhood Comments •Public Information Open House for the original submission was held on October 27th, 2022. No area residents attended. •A subsequent Public Information Open House was held on May 9th, 2024. An employee of Canadian Niagara Power was in attendance. •Written comments were received in November of 2022 from a representative of Washington Mills. Concern Staff Response Noise and Vibration •A condition will be incorporated into the future Site Plan/Condominium Agreement to ensure that a warning clause will be included in all Agreements of Purchase, Sale, Lease, Rent or Occupancy. •The warning clause will advise purchasers/tenants that due to the proximity of the nearby industry facilities, noise from the industry facilities may at times be audible. •A Holding (H) provision is recommended to require the submission of a Detailed Noise and Vibration Impact Study. Page 189 of 500 A GREAT CITY…FOR GENERATIONS TO COME Recommendations •That Council approve the Official Plan Amendment and Zoning By-law Amendment to facilitate the development of 812-unit apartment dwelling consisting of two towers with building heights of 29 storeys and 38 storeys, subject to the regulations and modifications outlined in Report No. PBD-2024-024. •That the amending by-law include a Holding (H) provision to require the submission of an updated Wind Study, the submission of a detailed Noise and Vibration Impact Study, the inclusion of warning clauses with respect to noise, air quality and archaeological resources, and the implementation of various noise and air quality mitigation measures through future Site Plan and/or Condominium Agreements. •That the amending by-law include a sunset clause to require the execution of a Site Plan Agreement or the receipt of Draft Plan of Condominium approval within three years of the amending by-law coming into effect, with the possibility of a one-year extension at the discretion of the General Manager of Planning, Building and Development. Page 190 of 500 T 416.591.7788 F 416.591.1293 462 Wellington Street West, Toronto, Canada M5V 1E3, E mail@gpaia.com DateRevision All drawings, specifications, related documents and design are thecopyright property of the architect and must be returned uponrequest. Reproduction of the drawings, specifications, relateddocuments and design in whole or in part is strictly forbiddenwithout the architect's written permission. CHECKED BY: DRAWN BY: SHEET NUMBER PROJECT NO.: PROJECT START DATE: SHEET TITLE Giannone Petricone Associates Inc. Architects PRELIMINARY NOT FORCONSTRUCTION PLOT DATE: RUDANCO INC. 2024-02-15 10:17:29 AM PORTAGE RD LOT 175 PORTAGE ROAD, CITY OF NIAGARA FALLS, ONTARIO RENDERING A4.04 21-10-01 21142 KL TW PEDESTRIAN VIEW AT MAIN ENTRANCE (RENDERING CONCEPT) 1 ISSUED FOR OPA/REZONING 2022-07-06 2 ISSUED FOR COORDINATION 2024-02-14 Part of Lot 175, Portage Road Official Plan & Zoning By-law Amendment “LeLa” Between McLeod Road and Marineland Parkway City of Niagara Falls June 18, 2024 Page 191 of 500 T 416.591.7788 F 416.591.1293 462 Wellington Street West, Toronto, Canada M5V 1E3, E mail@gpaia.com DateRevision All drawings, specifications, related documents and design are thecopyright property of the architect and must be returned uponrequest. Reproduction of the drawings, specifications, relateddocuments and design in whole or in part is strictly forbiddenwithout the architect's written permission. CHECKED BY: DRAWN BY: SHEET NUMBER PROJECT NO.: PROJECT START DATE: SHEET TITLE Giannone Petricone Associates Inc. Architects PRELIMINARYNOT FORCONSTRUCTION PLOT DATE: RUDANCO INC. 2024-02-15 10:17:24 AM PORTAGE RD LOT 175 PORTAGE ROAD, CITY OF NIAGARA FALLS, ONTARIO RENDERING A4.01 21-10-01 21142 KL TW AERIAL VIEW TOWARD NIAGARA FALLS (RENDERING CONCEPT) 1 ISSUED FOR OPA/REZONING 2022-07-06 2 ISSUED FOR COORDINATION 2024-02-14 Intro & Purpose Vision & Objectives Planning Context The Proposal Request of Council Questions Agenda Page 192 of 500 Introduction & Purpose • Applications to amend the City’s Official Plan and Zoning By-Law. • Applications will permit redevelopment of a vacant and underutilized lot in the Central Tourist District for 2 high-rise residential towers atop a shared podium. • The proposed redevelopment consists of a 38-storey south tower and a 29-storey north tower, providing 812 new residential dwelling units.Page 193 of 500 T 416.591.7788 F 416.591.1293 462 Wellington Street West, Toronto, Canada M5V 1E3, E mail@gpaia.com DateRevision All drawings, specifications, related documents and design are thecopyright property of the architect and must be returned uponrequest. Reproduction of the drawings, specifications, relateddocuments and design in whole or in part is strictly forbiddenwithout the architect's written permission. CHECKED BY: DRAWN BY: SHEET NUMBER PROJECT NO.: PROJECT START DATE: SHEET TITLE Giannone Petricone Associates Inc. Architects PRELIMINARYNOT FORCONSTRUCTION PLOT DATE: RUDANCO INC. 2024-02-15 10:17:26 AM PORTAGE RD LOT 175 PORTAGE ROAD, CITY OF NIAGARA FALLS, ONTARIO RENDERING A4.02 21-10-01 21142 KL TW AERIAL VIEW FROM THE EAST (RENDERING CONCEPT) 1 ISSUED FOR OPA/REZONING 2022-07-06 2 ISSUED FOR COORDINATION 2024-02-14 Vision To intensify a vacant and underutilized site through the introduction of a visually interesting built form that will contribute to the emerging and internationally recognizable skyline of the City with new housing and sound design.Page 194 of 500 Provide thoughtful integration between landscaping, built design elements, and amenity space. Contribute to the creation of a complete community through the provision of more housing, street interest, and pedestrian- oriented and livable spaces at a transit-supportive density. Provide a more efficient use of a vacant and underutilized site within the City’s Urban Built-Up Area and Central Tourist District. Objectives Introduce an iconic and architecturally significant building that will contribute to the ongoing development and evolution of the City’s Tourist Commercial District and internationally recognized skyline.Page 195 of 500 Objectives Provide new housing for the City and Region to accommodate growth and housing supply. Attract a permanent population to the Central Tourist District. Advance the standard for good urban and landscape design in the City.Page 196 of 500 Site Context • Within the built-up area in a location with existing transit (i.e., areas for growth). • Located on the west side of Portage Road, between McLeod Road and Marineland Parkway. • Existing bus services within 5–10-minute walk of the subject lands provide connections east- west and, north-south from/to the subject lands. • Bus stops are located along Portage Road and Marineland Parkway. • View of the Falls with access to variety of tourism and other community service amenities and activities in the City. McLeod Rd Oldfield Rd Por t a g e R d Dunn St Drummond RdDorchester RdStanley AveStanley Ave800m 400m 103 203 112 206 106 SUBJECTSITE Legend City of Niagara Falls Bus Route Grocery Store School Bank Pharmacy Government Service Child Care Centre Park Recreation Place of Worship Legend City of Niagara Falls Bus Route Grocery Store School Bank Pharmacy Government Service Child Care Centre Park Recreation Place of WorshipPage 197 of 500 T 416.591.7788 F 416.591.1293 462 Wellington Street West, Toronto, Canada M5V 1E3, E mail@gpaia.com DateRevision All drawings, specifications, related documents and design are thecopyright property of the architect and must be returned uponrequest. Reproduction of the drawings, specifications, relateddocuments and design in whole or in part is strictly forbiddenwithout the architect's written permission. CHECKED BY: DRAWN BY: SHEET NUMBER PROJECT NO.: PROJECT START DATE: SHEET TITLE Giannone Petricone Associates Inc. Architects PRELIMINARY NOT FOR CONSTRUCTION PLOT DATE: RUDANCO INC. 2024-02-15 10:17:28 AM PORTAGE RD LOT 175 PORTAGE ROAD, CITY OF NIAGARA FALLS, ONTARIO RENDERING A4.03 21-10-01 21142 KL TW PEDESTRIAN VIEW ALONG PORTAGE ROAD (RENDERING CONCEPT) 1 ISSUED FOR OPA/REZONING 2022-07-06 2 ISSUED FOR COORDINATION 2024-02-14 Planning Context Page 198 of 500 N i a g ver POR T A G E R D M O R R I S O N S T DVICT OR IA A VSTANLEYAVLUNDY'S LN DOR CHEST ER R D MCLEOD R D D U N N S T OAKWOODDRKALAR R D P A W A PYDR UMMOND R DST A NLEY AVMONT R OSE R D 420 H Y NIAGARARIVERPYWYQU1 15 5 56 60 59 66 42 48 54 20 16 21 19 28 25 32 36 45 17 3 39 12 70 5363 72 69 74 South ry Plan dule A-3 Riverfront Secondary Plan see Schedule A-6 SUBJECT SITE Environmental Conservation Area Environmental Protection Area Extractive Industrial Good General Agriculture Industrial Major Commercial Minor Commercial Niagara Escarpment Plan Area Open Space Parkway Residential Residential Resort Commercial Theme Park Marineland Tourist Commercial Intake Protection Zone IPZ-1 Secondary Plan Area Special Policy Area Urban Area Boundary Official Plan Land Use Map Page 199 of 500 Legend Subject Site High Rise Area Tourist Commercial Area +/- 555m Distance from Subject Site to High Rise Area Height Strategy Context Map Page 200 of 500 SUBJECT SITE Zoning By-law 79-200 Tourist Commercial Page 201 of 500 Required Official Plan and Zoning By-law Amendment Official Plan Amendment Zoning By-law Amendment • To increase the maximum building height. • To permit residential uses as a stand- alone use on site, and to give site-specific exceptions to facilitate the development, including increased height, reduced parking and loading requirements, and other performance standards as necessary to accommodate the proposal.Page 202 of 500 T 416.591.7788 F 416.591.1293 462 Wellington Street West, Toronto, Canada M5V 1E3, E mail@gpaia.com DateRevision All drawings, specifications, related documents and design are thecopyright property of the architect and must be returned uponrequest. Reproduction of the drawings, specifications, relateddocuments and design in whole or in part is strictly forbiddenwithout the architect's written permission. CHECKED BY: DRAWN BY: SHEET NUMBER PROJECT NO.: PROJECT START DATE: SHEET TITLE Giannone Petricone Associates Inc. Architects PRELIMINARYNOT FORCONSTRUCTION PLOT DATE: RUDANCO INC. 2024-02-15 10:17:24 AM PORTAGE RD LOT 175 PORTAGE ROAD, CITY OF NIAGARA FALLS, ONTARIO RENDERING A4.01 21-10-01 21142 KL TW AERIAL VIEW TOWARD NIAGARA FALLS (RENDERING CONCEPT) 1 ISSUED FOR OPA/REZONING 2022-07-06 2 ISSUED FOR COORDINATION 2024-02-14 The Proposal Page 203 of 500 Inspired by the rugged beauty of the Niagara gorge, this project aims to represent a continuous landscape topography that is eroded to reveal the program withinPage 204 of 500 Layered above the podium is a lush green roof alluding tothe surrounding landscape and adjacent Horseshoe FallsPage 205 of 500 SITE SETBACK FROM RAILWAY EMPHASIZE ACCESS POINTS NIAGARA FALLS FU T U R E PE D E S T R I A N P A T H NIAGARA PARKS COMMISSION NIAGARA PARKS COMMISSION DROP OFF PO R T A G E R D 15mPROP E R T Y LI N E Big MovesBig Moves Page 206 of 500 FU T U R E PE D E S T R I A N P A T H FU T U R E PE D E S T R I A N P A T H NIAGARA PARKS COMMISSION Big Moves INTEGRATE LANDSCAPE WITH PROGRAM COMM U NIT Y A ME NITY CIRC ULATI O NLOADI N G BLEND SURROUNDING LANDSCAPE Big Moves Page 207 of 500 OPTIMIZE MASS ANIMATE STREET EDGE W/ AMENITY PROGRAM FU T U R E PE D E S T R I A N P A T H NIAGARA PARKS COMMISSION NIAGARA PARKS COMMISSION FU T U R E G R A N D B O U L E V A R D Big MovesBig Moves Page 208 of 500 BLEND TOWER INTO PODIUM & ADJUST HEIGHT TO ACCOMODATE SHADOW SHIFT AND RESHAPE TOWER FOR OPTIMIZING SCENIC VIEWS SCENIC VIEWS NIAGARA FALLS Big MovesBig Moves Page 209 of 500 T 416.591.7788 F 416.591.1293 462 Wellington Street West, Toronto, Canada M5V 1E3, E mail@gpaia.com DateRevision All drawings, specifications, related documents and design are thecopyright property of the architect and must be returned uponrequest. Reproduction of the drawings, specifications, relateddocuments and design in whole or in part is strictly forbiddenwithout the architect's written permission. CHECKED BY: DRAWN BY: SHEET NUMBER PROJECT NO.: PROJECT START DATE: SHEET TITLE Giannone Petricone Associates Inc. Architects PRELIMINARYNOT FORCONSTRUCTION PLOT DATE: RUDANCO INC. 2024-02-15 10:17:24 AM PORTAGE RD LOT 175 PORTAGE ROAD, CITY OF NIAGARA FALLS, ONTARIO RENDERING A4.01 21-10-01 21142 KL TW AERIAL VIEW TOWARD NIAGARA FALLS (RENDERING CONCEPT) 1 ISSUED FOR OPA/REZONING 2022-07-06 2 ISSUED FOR COORDINATION 2024-02-14 T 416.591.7788 F 416.591.1293 462 Wellington Street West, Toronto, Canada M5V 1E3, E mail@gpaia.com DateRevision All drawings, specifications, related documents and design are thecopyright property of the architect and must be returned uponrequest. Reproduction of the drawings, specifications, relateddocuments and design in whole or in part is strictly forbiddenwithout the architect's written permission. CHECKED BY: DRAWN BY: SHEET NUMBER PROJECT NO.: PROJECT START DATE: SHEET TITLE Giannone Petricone Associates Inc. Architects PRELIMINARY NOT FORCONSTRUCTION PLOT DATE: RUDANCO INC. 2024-02-15 10:17:26 AM PORTAGE RD LOT 175 PORTAGE ROAD, CITY OF NIAGARA FALLS, ONTARIO RENDERING A4.02 21-10-01 21142 KL TW AERIAL VIEW FROM THE EAST (RENDERING CONCEPT) 1 ISSUED FOR OPA/REZONING 2022-07-06 2 ISSUED FOR COORDINATION 2024-02-14 Niagara Falls View East ViewPage 210 of 500 T 416.591.7788 F 416.591.1293 462 Wellington Street West, Toronto, Canada M5V 1E3, E mail@gpaia.com DateRevision All drawings, specifications, related documents and design are thecopyright property of the architect and must be returned uponrequest. Reproduction of the drawings, specifications, relateddocuments and design in whole or in part is strictly forbiddenwithout the architect's written permission. CHECKED BY: DRAWN BY: SHEET NUMBER PROJECT NO.: PROJECT START DATE: SHEET TITLE Giannone Petricone Associates Inc. Architects PRELIMINARY NOT FOR CONSTRUCTION PLOT DATE: RUDANCO INC. 2024-02-15 10:17:30 AM PORTAGE RD LOT 175 PORTAGE ROAD, CITY OF NIAGARA FALLS, ONTARIO RENDERING A4.05 21-10-01 21142 Checker Author 1 ISSUED FOR OPA/REZONING 2022-07-06 2 ISSUED FOR COORDINATION 2024-02-14 PODIUM OUTDOOR AMENITY (RENDERING CONCEPT) Ground & Rooftop AmenityPage 211 of 500 T 416.591.7788 F 416.591.1293 462 Wellington Street West, Toronto, Canada M5V 1E3, E mail@gpaia.com DateRevision All drawings, specifications, related documents and design are thecopyright property of the architect and must be returned uponrequest. Reproduction of the drawings, specifications, relateddocuments and design in whole or in part is strictly forbiddenwithout the architect's written permission. CHECKED BY: DRAWN BY: SHEET NUMBER PROJECT NO.: PROJECT START DATE: SHEET TITLE Giannone Petricone Associates Inc. Architects PRELIMINARY NOT FOR CONSTRUCTION PLOT DATE: RUDANCO INC. 2024-02-15 10:17:28 AM PORTAGE RD LOT 175 PORTAGE ROAD, CITY OF NIAGARA FALLS, ONTARIO RENDERING A4.03 21-10-01 21142 KL TW PEDESTRIAN VIEW ALONG PORTAGE ROAD (RENDERING CONCEPT) 1 ISSUED FOR OPA/REZONING 2022-07-06 2 ISSUED FOR COORDINATION 2024-02-14 East View Across Portage RoadPage 212 of 500 T 416.591.7788 F 416.591.1293 462 Wellington Street West, Toronto, Canada M5V 1E3, E mail@gpaia.com DateRevision All drawings, specifications, related documents and design are thecopyright property of the architect and must be returned uponrequest. Reproduction of the drawings, specifications, relateddocuments and design in whole or in part is strictly forbiddenwithout the architect's written permission. CHECKED BY: DRAWN BY: SHEET NUMBER PROJECT NO.: PROJECT START DATE: SHEET TITLE Giannone Petricone Associates Inc. Architects PRELIMINARY NOT FOR CONSTRUCTION PLOT DATE: RUDANCO INC. 2024-02-15 10:17:29 AM PORTAGE RD LOT 175 PORTAGE ROAD, CITY OF NIAGARA FALLS, ONTARIO RENDERING A4.04 21-10-01 21142 KL TW PEDESTRIAN VIEW AT MAIN ENTRANCE (RENDERING CONCEPT) 1 ISSUED FOR OPA/REZONING 2022-07-06 2 ISSUED FOR COORDINATION 2024-02-14 South View Along Portage RoadPage 213 of 500 MATERIAL LEGEND GL1 VISION GLAZINGGL2 VISION GLAZINGGR1 GLAZING RAILINGSP1 SPANDREL GLAZINGMP1 METAL PANELMP2 METAL MULLION T 416.591.7788 F 416.591.1293 462 Wellington Street West, Toronto, Canada M5V 1E3, E mail@gpaia.com DateRevision All drawings, specifications, related documents and design are the copyright property of the architect and must be returned upon request. Reproduction of the drawings, specifications, related documents and design in whole or in part is strictly forbidden without the architect's written permission. CHECKED BY: DRAWN BY: SHEET NUMBER PROJECT NO.: PROJECT START DATE: SHEET TITLE Giannone Petricone Associates Inc. Architects PRELIMINARY NOT FOR CONSTRUCTION PLOT DATE: RUDANCO INC. 2024-05-08 9:01:38 AM PORTAGE RD LOT 175 PORTAGE ROAD, CITY OF NIAGARA FALLS, ONTARIO ELEVATION A2.01 21-10-01 21142 KL TWA2.01 1 : 300 EAST_ELEVATION1 1 ISSUED FOR OPA/REZONING 2022-07-06 2 ISSUED FOR COORDINATION 2023-10-04 3 ISSUED FOR COORDINATION 2024-02-14 Elevations East Elevation (Portage Frontage)Page 214 of 500 MATERIAL LEGEND GL1 VISION GLAZINGGL2 VISION GLAZINGGR1 GLAZING RAILINGSP1 SPANDREL GLAZINGMP1 METAL PANELMP2 METAL MULLION T 416.591.7788 F 416.591.1293 462 Wellington Street West, Toronto, Canada M5V 1E3, E mail@gpaia.com DateRevision All drawings, specifications, related documents and design are the copyright property of the architect and must be returned upon request. Reproduction of the drawings, specifications, related documents and design in whole or in part is strictly forbidden without the architect's written permission. CHECKED BY: DRAWN BY: SHEET NUMBER PROJECT NO.: PROJECT START DATE: SHEET TITLE Giannone Petricone Associates Inc. Architects PRELIMINARY NOT FOR CONSTRUCTION PLOT DATE: RUDANCO INC. 2024-05-08 9:01:38 AM PORTAGE RD LOT 175 PORTAGE ROAD, CITY OF NIAGARA FALLS, ONTARIO ELEVATIONS A2.03 21-10-01 21142 KL TW A2.03 1 : 300 NORTH_ELEVATION1 A2.03 1 : 300 SOUTH_ELEVATION2 1 ISSUED FOR OPA/REZONING 2022-07-06 2 ISSUED FOR COORDINATION 2023-10-04 3 ISSUED FOR COORDINATION 2024-02-14 MATERIAL LEGEND GL1 VISION GLAZINGGL2 VISION GLAZINGGR1 GLAZING RAILINGSP1 SPANDREL GLAZINGMP1 METAL PANELMP2 METAL MULLION T 416.591.7788 F 416.591.1293 462 Wellington Street West, Toronto, Canada M5V 1E3, E mail@gpaia.com DateRevision All drawings, specifications, related documents and design are the copyright property of the architect and must be returned upon request. Reproduction of the drawings, specifications, related documents and design in whole or in part is strictly forbidden without the architect's written permission. CHECKED BY: DRAWN BY: SHEET NUMBER PROJECT NO.: PROJECT START DATE: SHEET TITLE Giannone Petricone Associates Inc. Architects PRELIMINARY NOT FOR CONSTRUCTION PLOT DATE: RUDANCO INC. 2024-05-08 9:01:38 AM PORTAGE RD LOT 175 PORTAGE ROAD, CITY OF NIAGARA FALLS, ONTARIO ELEVATIONS A2.03 21-10-01 21142 KL TW A2.03 1 : 300 NORTH_ELEVATION1 A2.03 1 : 300 SOUTH_ELEVATION2 1 ISSUED FOR OPA/REZONING 2022-07-06 2 ISSUED FOR COORDINATION 2023-10-04 3 ISSUED FOR COORDINATION 2024-02-14 Elevations North Elevation South ElevationPage 215 of 500 T/G=187.20T/G=187.00T/G=186.75T/G=186.95AD2AD6CB29AD52.0%3.6%3.9%4.4%2.4%2.7%4.5%1.6%4.3%3.8%3.5%0.4%0.5%0.5%1.4%1.8%1.8%1.1%1.2%1.1%1.3%1.0%1.1%1.5%1.0%2.1%2.2%1.6%5.5%4.6%4.0%2.2%2.2%2.6%3.5%2.2%3.0%2.1%2.2%2.1%2.0%5.0%2.0%(187.25)(187.30)(186.70)EX(186.58)EX(186.32)EX(186.24)EX(186.19)EX(186.29)EX(187.35)(186.23)SW(186.17)EX(186.22)EX(186.95)(185.92)EX(187.35)(187.35)(187.10)(187.05)(187.05)(187.05)(186.90)(186.90)(186.55)(187.00)(187.00)(187.25)(186.97)EX(186.85)EX(186.75)EX(186.81)EX(187.30)(187.35)(187.30)(187.30)(187.30)(187.30)(187.30)(186.85)(186.15)(186.12)(186.12)(186.15)(186.25)(185.92)EX(185.92)EX(186.00)EX(186.09)EX(187.00)(187.00)(186.65)(187.31)(187.35)(187.31)(186.21)EX(185.55)EX(185.91)EX(186.24)EX(186.20)SW(186.16)SW(186.12)SW(186.41)EX(186.21)EX(186.07)EX(186.08)EX(185.82)EX(185.85)EX(185.80)EX(185.75)EX(185.68)EX(185.74)EX(185.73)EX(185.56)EX(185.90)EX(185.87)EX(186.21)EX(186.73)EX(186.60)EX(186.30)EX(186.23)EX(186.18)EX(186.93)EX(187.08)(186.29)EX(185.78)EX(186.08)EX(186.24)EX(185.97)EX(185.93)EX(186.09)EX(186.21)EX(186.00)EX(185.88)EX(185.96)EX(186.13)EX(187.25)EX(187.50)EX(187.25)EX(187.00)EX(186.00)EX(186.36)EX(186.28)EX(186.15)EX(187.15)(185.91)EX(187.15)(186.19)EX(185.96)EX(185.98)EX(186.12)EX(186.09)EX(186.07)EX(185.86)EX(185.73)EX(186.19)EX(186.05)EX(187.30)(187.25)(186.35)(186.00)EX(186.67)(186.95)(186.80)(186.90)(187.00)(186.00)EX(186.65)(186.07)(186.07)(186.10)(186.20)(186.25)(187.30)(187.20)(187.31)(187.35)(186.55)(186.45)TERRACE GREEN ROOF AT FLOOR 6 OUTDOOR AMENITY AT FLOOR 3 OUTDOOR AMENITY AT FLOOR 2 TERRACE TOWER A38 STOREYS124.73m (excluding MPH) TYPICAL FLOOR PLATE: 948 sm TOWER B29 STOREYS95.58m (excluding MPH) TYPICAL FLOOR PLATE: 851sm PORTAGE ROAD McL EO D ROAD 5260 5260 14320 23340 522015000 LINE OF EDGE OF ROAD 15m RAILWAY SETBACK 3000 60160483029406340TOWER ARES.ENTRANCET OWER BRES.ENTRANCELOADINGACCESSLOADINGACCESSPARKINGACCESSVEHICLEOUTBOUND VEHICLEINBOUND94200 135500 11843069840CENTERLINE OF EXISTING PORTAGE ROADCENTERLINE OF EXISTING PORTAGE ROAD LINE OF EDGE OF ROAD OPEN TO MECH OPEN TO MECH RAILWAY TRACKS 2940 300077270109901650135018000 150015002934015260550252400 23380 2460 3640 4600 1251709920 13100SIAMESECONNECTION SIAMESE CONNECTION OUTDOOR AMENITY AT GROUND 18960450701303049660SECONDARY ACCESS PRIMARY ACCESS RAILWAY SETBACK PROPERTY LINE GREEN ROOF FIRE ROUTE ACCESS TYP. PARKING 2700 600063003400 1500 6000ACCESSIBLEPARKING TYP. DRIVE AISLE TYP. PARKING AS REQUIRED AS PER ZONING-BY-LAW 79-200 4.19 TABLE 2 T 416.591.7788 F 416.591.1293 462 Wellington Street West, Toronto, Canada M5V 1E3, E mail@gpaia.com DateRevision All drawings, specifications, related documents and design are the copyright property of the architect and must be returned upon request. Reproduction of the drawings, specifications, related documents and design in whole or in part is strictly forbidden without the architect's written permission. CHECKED BY: DRAWN BY: SHEET NUMBER PROJECT NO.: PROJECT START DATE: SHEET TITLE Giannone Petricone Associates Inc. Architects PRELIMINARY NOT FOR CONSTRUCTION PLOT DATE: RUDANCO INC. 2023-08-21 2:13:42 PM PORTAGE RD LOT 175 PORTAGE ROAD, CITY OF NIAGARA FALLS, ONTARIO SITE PLAN A0.04 21-10-01 21142 KL TW A0.04 1 : 400 SITE PLAN1 1 ISSUED FOR OPA/REZONING 2022-07-06 2 ISSUED FOR COORDINATION 2023-08-09 Site Plan Gross Site Area Net Site Area 12.823 m2 12,425 m2 Road Widening Area 398 m2 Total Gross Floor Area (excludes above grade parking) 64,816 m2 Net Floor Space Index 5.22 Height North Tower South Tower 29 storeys (95.6 m) 38 storeys (124.7 m) Total Residential Units Studio 1-Bedroom 2-Bedroom 3-Bedroom 812 113 (14%) 471 (58%) 222 (27%) 6 (1%) Amenity Area Indoor Amenity Outdoor Amenity 3,158 m2 2,429 m2 Total Vehicle Parking Spaces Barrier-Free Spaces EVSE Spaces 937 21 156 Total Bicycle Parking Short-term Spaces Long-term Spaces 364 33 331Page 216 of 500 Landscape Design • Landscaping provided around and within the entire ground-level of the site, including extensive landscaped outdoor amenity spaces at grade and at several raised levels. • Both towers are proposed to have large green roofs, with much of the designed landscaping on site will be included atop the podium, which varies in height as you move around the building. • Overall, the landscaped area on site is approximately 39 percent of the total land area on site, not including the green roofs. P O R T A G E R D SPORTS COURT SCULPTURAL PLAY FEATURE GATHERING SPACE GATHERING SPACE BENCHFEATURE SIDEWALK LINE OF PODIUM BUILDING ABOVE PROPERTYLINE PROPERTY LINE SOD LUSH PLANTING LAY-BY LAY-BY TOWERS ABOVE VERTICAL WATER FEATURE WITH DROP DOWN TO GROUND LEVEL HYDRANT MH MH MH MH 1 ISSUED FOR OPA/REZONING2022-07-06 2 REISSUED FOR OPA/REZONING2023-09-29 3 4 5 6 7 8 9 10 LEGEND DRAWN: SCALE: PROJECT NUMBER: CHECKED: NOTES ISSUE DRAWING DATE: The following note shall apply to all drawings and associateddocuments: These Contract Documents are the property of the Landscape Architect. The Landscape Architect bears no responsibility forthe interpretation of these documents by the Contractor. Upon written application the Landscape Architect will providewritten/graphic clarification or supplementary information regarding the intent of the Contract Documents. The LandscapeArchitect will review Shop Drawings submitted by the Contractor for design conformance only. Copyright of this drawing and design is reserved by the Designer. The drawing and all associated documents are an instrumentof service by the Designer. The drawing and the information contained therein may not be reproduced in whole or in part withoutprior written permission of the designer. Drawings are not to be scaled for construction. Contractor to verify all existing conditions and dimensions required to performthe work and report any discrepancies with the Contract Documents to the Landscape Architect before commencing work. Positions of exposed or finished mechanical or electrical devices, fittings, and fixtures are indicated on LandscapeArchitectural drawings. The locations shown on the Landscape Architectural drawings govern over the Mechanical andElectrical drawings. Those items not clearly located will be located as directed by the Landscape Architect. These drawings are not to be used for construction unless noted below as "Issued for Construction" The Designer of these plans and specifications gives no warranty or representation to any party about the constructability of therepresented by them. All contractors or subcontractors must satisfy themselves when bidding and at all times that they canproperly construct the work represented by these plans. All work to be carried out in conformance with the Code and Bylaws of the authorities having jurisdiction. LANDSCAPE LAYOUT PLAN - RENDERED 1:200 EY TD L103 22-008 2022-07-06 RUDANCO INC. PORTAGE RD Lot 175 Portage Rd. Niagara Falls, ON L2J 0C5 PORTAGE RD. Niagara Falls, Ontario Page 217 of 500 Studies that were completed in support of the Official Plan and Zoning By-law amendment applications included: • Planning and Urban Design Rationale Report • Shadow Impact Study • Transportation, Traffic, and Parking Study • Wind & Mist Study • Cultural Heritage Impact Study • Landscaping Plans • Civil Engineering Studies, Plans, and Report • Environmental Impact Study • Rail Safety • Soil Quality, Geotechnical, and Environmental Site Assessments, Record of Site Condition • Legal Surveys • Arborist Report and Tree Preservation Plan • Land Use Compatibility Assessments (Noise, D-6, Air Quality) Supporting Studies Page 218 of 500 • Approve the proposed development as per the Recommendation of City Staff Report PBD-2024-024 Request of Council Page 219 of 500 T 416.591.7788 F 416.591.1293 462 Wellington Street West, Toronto, Canada M5V 1E3, E mail@gpaia.com DateRevision All drawings, specifications, related documents and design are thecopyright property of the architect and must be returned uponrequest. Reproduction of the drawings, specifications, relateddocuments and design in whole or in part is strictly forbiddenwithout the architect's written permission. CHECKED BY: DRAWN BY: SHEET NUMBER PROJECT NO.: PROJECT START DATE: SHEET TITLE Giannone Petricone Associates Inc. Architects PRELIMINARY NOT FORCONSTRUCTION PLOT DATE: RUDANCO INC. 2024-02-15 10:17:29 AM PORTAGE RD LOT 175 PORTAGE ROAD, CITY OF NIAGARA FALLS, ONTARIO RENDERING A4.04 21-10-01 21142 KL TW PEDESTRIAN VIEW AT MAIN ENTRANCE (RENDERING CONCEPT) 1 ISSUED FOR OPA/REZONING 2022-07-06 2 ISSUED FOR COORDINATION 2024-02-14 Thank You! Questions / Comments?Page 220 of 500 From: Borghesi, Sandro <> Sent: Monday, November 28, 2022 4:45 PM Subject: RE: Development Application - Portage Road Sorry for the late response Angela and hope I’m not too late to address my concerns. Although the site may appear to be far from our operation, unlike other nearby developments, this one is a high-rise. Our plant can emit a lot of noise in the course of the day. On ground level there is ample structures and trees which provide a sound buffer for the local residence. However, a high rise will have an unobstructed path for sound to the upper units. This will likely result in noise complaints against us and our industrial neighbors. The biggest concern is the low frequency noise from our plant which can easily penetrate windows and annoy residents living in this building. I will not support this development. Regards, Sandro S A N D R O B O R G H E S I VP of Operations Fused Minerals Washington Mills D | C | E | PO Box 1002 7780 Stanley Avenue Niagara Falls, Ontario L2E 6V9 CANADA www.washingtonmills.com Page 221 of 500 PBD-2024-25 Report Report to: Mayor and Council Date: June 18, 2024 Title: AM-2023-036 – Combined Official Plan and Zoning By-law Amendment for Lands West of Allendale Avenue, South of Main Street (PIDs 13671, 4689, 4970, 4971, 4969 and Part 137498) Proposal: To redesignate and rezone the property to facilitate the development of a 20-storey building containing 193 dwelling units. Applicant: Zeljko Holdings Limited (Jeremia Rudan) Agent: Bousfields Inc. (Caitlin Allen) Recommendation(s) 1. That Council approve the Official Plan Amendment and Zoning By-law Amendment to permit the development of a 20-storey, residential building containing 193 dwelling, subject to the regulations outlined in this Report. 2. That the amending by-law include a Holding (H) provision to require the filing of a Record of Site Condition, the submission of an updated Wind Study, and the completion of a Heritage Impact Assessment. 3. That the amending by-law include a sunset clause to require the execution of a Site Plan Agreement or the receipt of Draft Plan of Condominium approval within three years of the amending by-law coming into effect, with the possibility of a one-year extension at the discretion of the General Manager of Planning, Building and Development. Executive Summary Zeljko Holdings Limited has requested a Combined Official Plan and Zoning By-law Amendment for a parcel of land known municipally as 4689, 4970, 4971, 4969 Main Street to facilitate the development of a 20-storey, residential building containing 193 rental dwelling units including 5 street townhouse dwellings. The amendment is recommended, subject to the inclusion of a Holding (H) provision to require the filing of a Record of Site Condition, the submission of a Heritage Impact Assessment, the registration of a Site Plan Agreement within two years of the passing of the amending by-law and the submission of an updated Wind Study. Provided that the Holding (H) provision is approved as recommended, the development proposal is recommended for the following reasons:  The proposed development conforms to Provincial, Regional, and City policies as it will utilize existing municipal infrastructure and services, represents a compact Page 1 of 18 Page 222 of 500 built form, will facilitate a vibrant public realm, and will support the creation of a complete community;  The proposal will contribute to the City’s intensification target and will assist with diversifying the range of housing types and tenures and unit sizes available to accommodate current and future market-based needs; and  The proposed site-specific amendments to the Residential 5F Zone are appropriate and conform to the Official Plan. To encourage the timely development of the subject lands, Staff recommend that the amending by-law includes a sunset clause to require the execution of a Site Plan Agreement or the receipt of Draft Plan of Condominium approval within three years of the amending by-law coming into effect. Background Zeljko Holdings Limited has requested a Combined Official Plan and Zoning By-law Amendment for parcels of land totaling approximately 0.25 hectares as shown on Schedule 1. Schedules 2 and 3 show the details of the proposal. The subject property is located on the west side of Allendale Avenue, south of Main Street and is designated Tourist Commercial in accordance with the City of Niagara Falls Official Plan, and is located within the Fallsview Tourist Subdistrict. The purpose of the proposed Official Plan Amendment is to permit a building with a maximum height of 20 storeys outside the high-rise area. The property is correspondingly zoned Tourist Commercial (TC-75) Zone in accordance with Zoning By-law No. 79-200, as amended by By-law Nos. 2012-060 and 2012-061. The applicant is proposing to rezone the property to a site-specific R5F Zone that permits an increase in height and maximum lot coverage, and a reduction to the minimum lot area, front yard depth, rear yard depth, interior side yard depth and landscaped open space as well as a reduction in the number of parking spaces. Site Condition and Surrounding Land Uses The subject property is made up of four parcels of land, known municipally as 4689, 4970, 4971, 4969 Main Street and is located on the south side of Main Street, west of Allendale Avenue. The property is approximately 0.25 hectares in size and is currently vacant. The subject parcel formerly had 3 single detached dwellings on it and includes a portion of the former Murray Street Road allowance that was purchased from the City. Surrounding land uses include:  North / Northeast – Main Street, Falls Lodge Motel, Hilton Parking Lot.  South – Lands owned by Ontario Power Generation used in association with electricity transmission.  East – Allendale Avenue, various parking areas and tourist commercial uses.  West – Electrical distribution lines, residential uses including a low rise apartment and single detached dwellings. Page 2 of 18 Page 223 of 500 Staff note that the detached dwellings located in proximity to the subject property are considered non-complying as detached dwellings are not a permitted use in the Tourist Commercial Zone that applies to the properties containing such dwellings. Circulation Comments Information about the requested Zoning By-law Amendment application was circulated to City divisions, agencies, and the public for comments. The following summarizes the comments received to date: Fire Department  No objection to the proposed Official Plan or Zoning By-law Amendment.  Detailed technical review will be undertaken at the site plan stage. Building Services  All required Building Permits and Demolition Permits shall be obtained prior to the commencement of any demolition or construction  City, Regional and Educational Development charges will be assessed at the building permit stage Ontario Power Generation (OPG)  No objection to the proposed Official Plan and Zoning By-law Amendment.  OPG’s adjoining property is a cultural heritage property of provincial significance.  OPG would prefer that landscaping be provided between the proposed surface parking and OPG’s property. Landscape and Parkland Comments  Cash-in-lieu of parkland dedication will be collected at the Site Plan stage at the current prescribed rate of 5% for residential uses.  The recommendations of the Tree Preservation Plan will be implemented at the Site Plan stage. Several modifications to the Tree Preservation Plan are required at the Site Plan stage. Required modifications include the identification of any endangered or protected trees on site and other technical amendments.  It appears that the removal of several City trees are required. Compensation of $900 per tree will be required.  A landscape plan will be required at the Site Plan stage. Street Trees will be required along the Main Street frontage. Municipal Works – Development Services  Watermain capacity confirmation is required.  Third party sanitary modelling has been completed and staff have no concerns.  A detailed review of the proposed engineering design will be undertaken at the Site Plan stage. Municipal Works – Transportation Services  A 1.4 m road widening will be required along the Main Street frontage as a condition of Site Plan Approval.  The southeast bound left turn lane on Main Street will need to be elongated to accommodate the proposed development.  Staff are recommending a rate of 1.02 spaces per unit based on the Residential Parking Rate Study which is more than the 0.93 spaces per unit proposed. Page 3 of 18 Page 224 of 500 Planning Staff are recommending a parking ratio of 1.02 spaces per unit based on Municipal Works' recommendation.  Staff are supportive of the provision of 103 bike parking spaces.  The construction of a sidewalk within the Main Street Road allowance will be required as a condition of Site Plan Approval.  Transportation Services are not supportive of the provision of a private drop off within the road allowance.  A number of other technical comments are provided that will be addressed through the detailed design undertaken during the Site Plan process. GIS Services  No comments or concerns. Region of Niagara  The proposed development will assist the City in achieving its intensification target of 50%.  Various technical engineering comments are provided that will be addressed at the site plan stage.  Regional staff request that a Holding Provision be added to the zoning pending the filing of a Record of Site Condition and acknowledgement by MECP. Neighbourhood Comments A neighbourhood open house was held on March 21st, 2024 and was attended by the applicant’s consulting team and Planning Staff. No residents attended the neighbourhood open house. Two area residents provided written comments. One resident was displeased with the proposed height of the building and did not want it to be approved. While Planning Staff appreciate that long-time residents of a neighbourhood may not want change, for the reasons outlined in this report the proposed Official Plan and Zoning By-law Amendment is supportable from a planning perspective. The shadow study completed in support of the development confirms that there are no shadow impacts on the proximate residential area. The wind study completed in support of the development confirms that there is only one small area where pedestrian wind level impacts will be realized. This area will be addressed with a further study to fulfil the requirements of the Holding zone. The other resident wrote to obtain additional information on the proposal. Analysis 1. Provincial Policies The Planning Act requires City planning decisions to be consistent with the Provincial Policy Statement (PPS) and conform to the Provincial “A Place to Grow” Plan. The proposed development is consistent and conforms as follows:  The proposed development satisfies matters of Provincial interest as outlined in Section 2 of the Planning Act; Page 4 of 18 Page 225 of 500  The proposed development is located within a settlement area, is transit supportive, will support the achievement of a complete community, will diversify the City’s housing stock, and will assist the City with meeting its intensification targets in the Built-up Area;  Given the subject lands location within a Gateway Economic Zone, the proposed development will promote increased opportunities for cross-border tourism;  The proposed redevelopment minimizes urban land consumption and encourages the efficient use of existing municipal infrastructure and services, and,  The recommended Holding (H) provisions will facilitate the redevelopment of lands in a manner that will maintain appropriate levels of public health and safety. 2. Regional Official Plan The subject land is designated Delineated Built-up Area in the Niagara Official Plan (NOP). The proposal conforms as follows:  The subject land is within the Urban Area and will utilize existing municipal infrastructure and services;  The proposal represents a compact built form, will facilitate a vibrant public realm, and will support the creation of a complete community;  The proposal will contribute to the intensification target of 50% for the Built-Up Area of Niagara Falls; and  The proposal will assist with diversifying the range of housing types and unit sizes available to accommodate current and future market-based needs. 3. City Official Plan The subject property is designated Tourist Commercial in accordance with the City of Niagara Falls Official Plan, and is located within the Fallsview Tourist Subdistrict. It is noted that the Tourist Commercial designation does not have a prescribed density range. The Official Plan Amendment is required to permit an exclusively residential building without ground floor commercial uses. The Official Plan currently designates that building heights throughout the tourist area shall be restricted to four storeys in height. However, Council can consider the allocation of additional building height through site-specific Zoning By-law Amendments. The development is proposed partially within an area where high-rise buildings (maximum of 30 storeys) may be considered. The Official Plan notes that the maximum height shall be allocated if:  The applicant has submitted all required zoning information;  The applicant agrees to provide sidewalk and streetscape improvements;  The applicant has submitted wind and shadow studies and completed an architectural review; and  The proposed development, in the opinion of Council, adheres to the intent of the Official Plan and the applicable design criteria Page 5 of 18 Page 226 of 500 An Official Plan Amendment is required to permit high rise buildings on the entirety of the subject property. The proposal conforms with the policies for Official Plan Amendments contained in Section 4, Policy 2.6 of the Official Plan as follows:  The proposed development will front onto an arterial road, have access to existing transit routes, and will be located in close proximity to commercial uses.  The subject site is suitable for the proposed use and does not contain any restrictions to development.  There is an area of the site near the intersection where landscaping is provided. A landscape plan will be provided with the Site Plan application that will confirm the amenities that will be provided at this location.  Both transportation and municipal infrastructure will have adequate capacity to accommodate the proposal. This, however, is not a long-term commitment. Staff will continue to plan for this development but will only do so for the 3 year sunset clause period with a 4th year possible if approved.  The Pedestrian Level Wind Study, prepared by the RWDI, indicates that wind safety criteria is not met at localized zones near the northwest and southeast building corners as well as on rooftop amenity areas when mitigative measures are not employed. The Study indicates that mitigation is possible using wind screens, awnings and other design features and that these should be considered in the detailed design of the building. Staff recommend that a Holding (H) provision be applied to the property until such time that an updated Wind Study has been submitted to the satisfaction of the City demonstrating no unsafe or uncomfortable wind conditions and / or the effectiveness of proposed mitigation measures.  The shadow study provided with the development application confirms that there are no adverse shadow impacts on residential properties in the area.  The proposal will contribute to achieving the City’s annual affordable housing target of 40% as the owner has indicated that 20% of the dwelling units (i.e.39) will be affordable to moderate income households, having estimated rental rates well below $2,400 per month (i.e. the maximum rental rate considered affordable to moderate income households). The owner has indicated that they intend to pursue CMHC financing that will mandate that 20% of the units will rent at less than 30% of the median household income in the City of Niagara Falls.  Community benefits charges can be collected prior to the issuance of a building permit. These charges can assist in funding the installation of urban amenities and active transportation facilities , as identified in the Community Benefits Charges Strategy. In this instance, Community Benefits Charges are likely best utilized will that amenities) landscape improvements streetscape for (i.e. contribute to the achievement of the landscape gateway designation of the property in the Official Plan.  Policy 4.4.5 requires that applicants for high-rise development demonstrate that potential adverse impacts are mitigate through high quality building designs. through the completion of a shadow study, the applicant has demonstrated that there will be no adverse shadow impacts on residential properties or commercial streets. confirms The wind study submitted with the application that uncomfortable wind impacts at the pedestrian level will only be experienced at Page 6 of 18 Page 227 of 500 one location. The wind study submitted with the application includes mitigation measures that can be implemented to address adverse wind impacts. A Holding provision is proposed to ensure that the necessary wind mitigation measures are implemented. Architectural Design Review All development proposals in the Tourist Commercial area for buildings greater than 10 storeys are subject to an Architectural Design Review process. Chamberlain submitted an Architectural Design Review Form that evaluates the project’s conformity to the 7 principles contained in the City’s Tourism Policy Review Implementation Handbook. Staff have reviewed the Form and note the following: Principle1 – Positive Building Base This principle states that a positive base interface between the building and street elements be achieved through built to lines, setbacks, edge treatments, weather protection, transparency, proportion and scale.  Five townhouse units are proposed at-grade along the Main Street frontage. The main residential entrance to the building is located along the Main Street frontage as well which will assist with creating activity and interest along the public street.  The podium extends across the majority of the Main Street and frontage which assists with achieving a well-defined street edge.  Sidewalks with weather protection extend along the street frontage which integrates the development with pedestrian and transit services. Principle 2 – Public Realm at Grade This principle states that achieving an upgraded pedestrian environment is done through high quality streetscape, planting, furniture, and signage.  The applicant is proposing plantings on the development site and within the municipal road allowance. These will be reviewed in more detail at the future Site Plan Approval stage.  Should the Zoning By-law Amendment application be approved, the City will collect a Community Benefits Charge at time of building permit issuance, which can assist with funding the installation of urban amenities and active transportation facilities in the general area. In this instance, Community Benefits Charges collected would appropriately be used for streetscape improvements in the form of landscaping and street furniture that can contribute to the achievement of the landscape gateway vision that applies to the area of the subject site. Any plantings that are to be provided for wind mitigation purposes shall occur outside the required Community Benefits Charge. Principle 3 – Skyview Page 7 of 18 Page 228 of 500 This principle seeks to maximize sky, light, and air transparency by providing adequate spacing and mass to avoid a feeling of a wall of development.  The building base is clearly defined by a pedestrian colonnade, active at- grade residential uses, and a stepped-back podium. No mirrored walls are proposed on the façade of the building.  Due to the irregular site geometry, the width to depth ratio exceeds the recommended width to depth ration. However, the floor plate of the tower, which steps back from the podium below, is below the recommended 1,000 m2. The tower has been coordinated with sun to allow maximum sunlight and areas of sky with surrounding lots, proposed building has one tower. Changes in dimensional width and use of contrasting architectural materials from podium levels to the tower form helps create a horizontal separation and vertical importance that gives the effect of a point tower. Principle 4 – Skyline Height This principle states that the taller the building, the greater the emphasis should be on slenderness and visible skyview between towers.  The proposed building will be located within the Fallsview Tourist Subdistrict, in part, where buildings with a maximum height of 30 storeys are envisioned. A single tower is proposed, perpendicular to the escarpment which helps to minimize visual impacts. Further, the proposed tower is located outside of the Skylon Tower’s 300 metre radius. Principle 5 – Views and Vistas This principle seeks to maintain or enhance visual connections to the Falls and across the border and avoids obstructing valuable views. The Skylon Tower is to remain a signature feature of the skyline.  The subject lands are not located adjacent to the Falls, Queen Victoria Park, or the American skyline. The development is also a considerable distance from the Skylon Tower and is not anticipated to visually interfere with it. Principle 6 – Microclimate This principle seeks to implement design measures that will maximize comfort, enjoyment of the public realm, and minimize impacts on adjacent properties through shadow, wind, and snow.  Proximate commercial corridors and nearby residential uses will not be adversely impacted by the shadows generated by the proposed development. None of these areas are shown to be shadowed for more than five hours during the spring or fall solstices.  With respect to pedestrian level wind safety and comfort, Staff recommend that a Holding (H) provision be applied to the property until such time that an updated Wind Study has been submitted to the satisfaction of the City demonstrating no Page 8 of 18 Page 229 of 500 unsafe or uncomfortable wind conditions and / or the effectiveness of proposed mitigation measures. Principle 7 – Parking and Circulation This principle seeks to reduce the visual impact of parking lots and traffic impacts caused by remote parking lots by containing parking on-site in garages.  The majority of the parking associated with the proposed development will be provided underground (five levels) with a limited amount of parking at grade. 4. Zoning By-law 79-200 The property is zoned Tourist Commercial (TC-75) Zone in accordance with Zoning By- law No. 79-200, as amended by By-law Nos. 2012-060 and 2012-061. The applicant is proposing to rezone the property to a site-specific R5F Zone that adds street townhouses as permitted uses and adds site specific regulations for minimum lot area, front yard depth, rear yard depth, interior side yard, lot coverage, building height, minimum parking, manouvering aisle dimension, landscaped open space and minimum amenity area. The departures requested from the standard R5F Zone regulations are summarized in the following table: ZONE REGULATION EXISTING REGULATION REQUESTED REGULATION STAFF RECOMMENDATION (DETAILS TO FOLLOW) Permitted Uses The uses permitted in the R5F zone apartment dwelling with 5 townhouse dwelling units in accordance with the regulations for an apartment dwelling SUPPORT Minimum lot area 57 square metres for each dwelling unit 57 sq.m. x 193 dwelling units = 11,001 square metres 12.8 square metres for each dwelling unit: 12.8 sq.m. x 193 dwelling units = 2472.6 square SUPPORT Page 9 of 18 Page 230 of 500 metres Minimum front yard depth 7.5 metres + 11.5 metres from the original centreline of Main Street 0 metres SUPPORT Minimum rear yard depth One-half the height of the building or 10 metres, whichever is greater Building height: 67 metres/2=33.5 metres 6.4 metres to the 20 storeys 15.4 metres to the 1 storey SUPPORT Minimum interior side yard width One-quarter the height of the building Building height: 67 metres/16.75 metres 6.4 metres 12 metres SUPPORT Maximum lot coverage 30% 33% SUPPORT Maximum height of building or structure 28 metres, subject to section 4.7 67 metres, subject to section 4.7 SUPPORT Parking and access requirements In accordance with section 4.19.1 1.4 parking spaces for each dwelling unit 193 dwellings units x 1.4 = 270.2 parking spaces 0.94 parking spaces for each dwelling unit: 193 dwelling units x 0.94 = 181.4 parking spaces (20 surface, 161 structure) Staff are recommending 1.02 parking spaces per unit in accordance with the recommendations of the Residential Parking Rate Study per Municipal Works comments Minimum manoeuvring aisle 6.3 metres (for 2.75 metre stalls) 6 metres (surface) SUPPORT Page 10 of 18 Page 231 of 500 6.3 metres (structure) The requested regulations can be supported for the following reasons:  The inclusion of street townhouses within the building and the reduced front yard setback activate the Main Street frontage and are positive from a design perspective;  In accordance with Part 2, Section 4 of the City’s Official Plan, the development is proposed within an area where high-rise buildings (maximum of 30 storeys) may be considered by way of a site-specific Zoning By-law Amendment. Provided that the holding provisions recommended in subsection 6 of this Report are approved, Staff are of the opinion that the proposed development and maximum height of 20 storeys / 67 metres adheres to the intent of the Official Plan and applicable design criteria;  The minimum lot area, maximum lot coverage and minimum amenity space are appropriate as the site is appropriately located for a building of 20-storeys with 193 units and the site can accommodate the proposed building while maintaining conformity with the City’s design guidelines for the Tourist District;  The minimum interior and side yard setbacks are appropriate as there will not be any shadow or massing impacts on sensitive land uses in the area; and  The recommended parking standards align with the findings of the Residential Parking Rate Study 5. Holding (H) Provision Staff recommend that the amending by-law include a Holding (H) provision to ensure that: 1. ARecordofSiteConditionisfiledwiththeMinistryoftheEnvironment, Conservation and Parks to the satisfaction of the Region and City; 2. AnupdatedWindStudyissubmittedtothesatisfactionoftheCity,demonstrating no unsafe or uncomfortable wind conditions and / or the effectiveness of proposed mitigation measures; and 3. Completion of a Heritage Impact Study to assess the impact of the proposed development on the Ontario Power Generation Building and recommendation of any required mitigative measures. 6. Sunset Clause The timely and orderly provision of housing is a key priority for the provincial government and the City of Niagara Falls. To ensure that housing is delivered in line with the existing and planned services that are required to support it, servicing cannot be held up in developments that fail to proceed in a timely manner. To encourage the Page 11 of 18 Page 232 of 500 timely development of the subject lands, Staff recommend that the amending by-law includes a sunset clause to require the execution of a Site Plan Agreement or the receipt of Draft Plan of Condominium approval within three years of the amending bylaw coming into effect, with the possibility of a one-year extension at the discretion of the General Manager of Planning, Building and Development to provide flexibility. The proposed sunset clause is contemplated by Staff in accordance with Sections 34(16.1) and (16.2) of the Planning Act and Part 4, Sections 4.6.1 and 4.6.2 of the City’s Official Plan. Staff are of the opinion that the sunset clause or conditional zoning constitutes sound land use planning as it provides a mechanism to properly plan for the efficient use of the City’s services and allows for the appropriate allocation of servicing capacity for those who are ready to develop. Operational Implications and Risk Analysis There are no operational implications associated with this proposal. Financial Implications/Budget Impact The proposed development will provide development charges, cash-in-lieu of parkland dedication, a new tax assessment, and a Community Benefits Charge for the City. Strategic/Departmental Alignment While this proposal does not directly align with the Pillars of the 2023-2027 Strategic Plan, it does support the achievement of a liveable community. List of Attachments Schedule 1 Schedule 2 Schedule 3 Appendix 1 Written by: Matt Kernahan, Development Consultant Submitted by: Status: Andrew Bryce, Director of Planning Approved - 11 Jun 2024 Kira Dolch, General Manager, Planning, Building & Development Approved - 11 Jun 2024 Jason Burgess, CAO Approved - 12 Jun 2024 Page 12 of 18 Page 233 of 500 Schedule 1 Location Map Page 13 of 18 Page 234 of 500 Schedule 2 Site Plan Page 14 of 18 Page 235 of 500 Schedule 3 Elevations Page 15 of 18 Page 236 of 500 CITY OF NIAGARA FALLS By-law No. 2024-00X A by-law to provide for the adoption of Amendment No. 1XX to the City of Niagara Falls Official Plan (AM-2023-036). 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. Amendment No. 1XX to the City of Niagara Falls Official Plan, constituting the attached text and map, is hereby adopted. Read a First, Second and Third time; passed, signed and sealed in open Council this XXth day of ___, 2024. ........................................................ ...................................................... BILL MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 16 of 18 Page 237 of 500 OFFICIAL PLAN AMENDMENT NO. 1XX PART 1 – PREAMBLE (i) Purpose of the Amendment The purpose of the amendment is to permit a 20-storey, stand-alone residential building containing 193 dwelling units on the subject lands. (ii) Location of the Amendment The amendment applies to lands shown as Special Policy Area XX on Schedule A – Future Land Use to the City’s Official Plan. (iii) Details of the Amendment Map Changes MAP 1 - Schedule “A” to the Official Plan – Future Land Use has been amended to show the Tourist Commercial designation with Special Policy Area XX. Text Change PART 2, SECTION 13 – SPECIAL POLICY AREAS, is amended by the addition of Subsection 13.XX. (iv) Basis of the Amendment The applicant proposes to construct a 20-storey, stand-alone residential apartment dwelling containing 193 dwelling units. The subject lands are designated Tourist Commercial as shown on Schedule A – Future Land Use of the City’s Official Plan. The amendment meets the intent of the Official Plan as the site is located on lands that front onto an arterial road, are on an existing transit route, and are located in close proximity to commercial uses. The proposed building height of 20 storeys is appropriate at this location as the site is contiguous with the Fallsview Tourist Subdistrict and transportation and municipal infrastructure have the capacity to accommodate the proposal. The proposal will contribute to the City’s affordable housing target by providing affordable housing options to moderate-income households. PART 2 - BODY OF THE AMENDMENT All of this part of the document entitled PART 2 - BODY OF THE AMENDMENT, consisting of the following text and attached map, constitute Amendment No. 1XX to the Official Plan of the City of Niagara Falls. Page 17 of 18 Page 238 of 500 DETAILS OF THE AMENDMENT The Official Plan of the City of Niagara Falls is hereby amended as follows: 1. MAP CHANGE The "Area Affected by this Amendment", shown on the map attached hereto, entitled "Map 1 to Amendment No. 1XX", shall be identified as Special Policy Area XX on Schedule A – Future Land Use of the Official Plan. 2. TEXT CHANGE a. PART 2, SECTION 13 – SPECIAL POLICY AREAS, is hereby amended by adding the following subsection: 13.XX SPECIAL POLICY AREA “XX” Special Policy Area “XX” applies to approximately 0.25 hectares of land West of Allendale Avenue, South of Main Street. Notwithstanding the policies of Part 2, Section 4..4.2, the lands may be developed as a standalone residential apartment building with a maximum height of 20 storeys. Page 18 of 18 Page 239 of 500 SW Side of Main Street, West of Allendale Avenue Applicant: Zeljko Holdings Limited (Jeremia Rudan) Proposal: To permit a 20-storey building containing 193 dwelling units. Combined Official Plan & Zoning By-law Amendment Application AM-2023-036 Page 240 of 500 A GREAT CITY…FOR GENERATIONS TO COME Location SUBJECT LANDS Fallsview Casino Residential Uses OLG Stage OPG Lands Tourist Commercial Page 241 of 500 A GREAT CITY…FOR GENERATIONS TO COME Background •The subject lands are four parcels of land, known municipally as 4689, 4970, 4971, 4969 Main Street and includes a portion of Murray Street purchased from the City. •The applicant is proposing a 20-storey building containing 193 dwelling units. •The development will be purpose-built rental. •A minimum of 20% of dwellings will be affordable to at least median income families. Official Plan Amendment •Site is located in the Fallsview Tourist District, adjacent to the high-rise area •Amendment required to permit building height of 20-storeys. Zoning By-law Amendment •Tourist Commercial Zone to Site Specific Residential 5F Zone. •Site specific regulations for built form.Page 242 of 500 A GREAT CITY…FOR GENERATIONS TO COME Site Plan Page 243 of 500 A GREAT CITY…FOR GENERATIONS TO COME Site Plan (Level 2)Page 244 of 500 A GREAT CITY…FOR GENERATIONS TO COME Site Plan (Level 3-20)Page 245 of 500 A GREAT CITY…FOR GENERATIONS TO COME Elevations Page 246 of 500 A GREAT CITY…FOR GENERATIONS TO COME Requested Zoning Relief – R5F-XX Permit townhouses Front yard depth: 0 m Rear yard depth Reduce Min. Parking: 1.02/dwelling unit (197 spaces) Reduce Interior Side Yard Maximum lot coverage: 33% Minimum Lot Area: 12.8 sq m/unit Page 247 of 500 A GREAT CITY…FOR GENERATIONS TO COME Neighbourhood Comments •An Open House was held on March 21st, 2024 •No members of the public attended the Open House •Two written submissions were received: –Did not want the proposal to be approved –Concerns with increased traffic and parking Page 248 of 500 A GREAT CITY…FOR GENERATIONS TO COME Recommendation 1.That Council approve the Combined Official Plan and Zoning By-law Amendment to permit a 20-storey building containing 193 dwelling units, with site specific regulations; 2. That the amending zoning by-law include a Holding (H) provision to require: •A Record of Site Condition •Updated Wind Study to the satisfaction of the City •Completion of a Heritage Impact Assessment •That the amending zoning by-law include a sunset clause to require the execution of a Site Plan Agreement or the receipt of Draft Plan of Condominium approval within three years of the amending by-law coming into effect, with the possibility of a one-year extension.Page 249 of 500 Public Open House 6285 & 6289 Main Street City of Niagara Falls June 18, 2024 Page 250 of 500 106B 106 101 101 112112 Ma i n S t Porta g e R d Niagara River PkwyStanley AveFallsview BlvdDunn St Murray St Orchard AveAllendale AveRobinson St Culp St Dixon St Cleveland AveMa i n S t Porta g e R d Niagara River PkwyStanley AveFallsview BlvdDunn St Murray St Orchard AveAllendale AveRobinson St Culp St Dixon St Cleveland Ave6380 FALLSVIEW BLVD (32 ST) 6361 FALLSVIEW BLVD (30 & 53 ST) 6455 FALLSVIEW BLVD (17 ST) 5856 ROBINSON ST (Townhouse development - under construction) Ontario Power GenerationOntario Power Generation SUBJECT SITE Niagara Region Transit Bus Route Legend Surrounding Context - Aerial Photo SUBJECT SITE Page 251 of 500 106 101 106B Allendale AveMurray St Finley AveMain St Murray St Stanley Ave Allendale AveMurray St Finley AveMain St Murray St Stanley AveSUBJECT SITE Niagara Region Transit Bus Route Legend Site Context - Aerial Photo SUBJECT SITE SUBJECT SITE Page 252 of 500 Site Photos Subject site, looking west from Main and Murray intersection Subject site, looking south Subject site and abutting property, looking east Page 253 of 500 SUBJECT SITE Niagara Region Official Plan Regional Structure • Located within the Delineated Built-Up Area • 60% of all residential units to be within built-up area • Niagara Falls has a forecasted population and employment of 141,650 people and 58,100 jobs by 2051 Page 254 of 500 Niagara Falls Official Plan Future Land Use • The site is designated Tourist Commercial • Seeks to support the Niagara Falls Tourist Area as a world-class tourism destination • Greatest heights in the Central Tourist District, reduced towards the periphery of the core Page 255 of 500 SUBJECTSITE Niagara Falls Official Plan Tourism District • The site is within the Fallsview Tourist District • Location for high-rise hotels and multiple family residential developments Page 256 of 500 SUBJECTSITE SUBJECT SITE Niagara Falls Official Plan Drummondville Node • Site included within the Drummondville Node • Identified through Community Improvement Plans for intensification • Site has a height permission of 4 storeys • In proximity to height permissions of up to 30 storeys Page 257 of 500 SUBJECT SITE Niagara Falls Official Plan Height Strategy • Immediately to the west of the High-Rise area, where heights of up to 30 storeys are permitted Page 258 of 500 TC 1191 TC 380RB5 1033TC TC 637 1103 BYLAW 5335TC1143P213GC593TC69 TC 716 GI TC177 TC 75 R2279TC75TC978TC75P404 TC 75 1103 TC 579 1103 P 116 TC863 TC125TC75I TC1142 R5FI770 R2575TC 75 GC R2211TCR2 237 TC(H) 1072 DTC TC(H) 1168 R2110 TC 1103 TC 75 1103 TC 631TCR2976DTC 75 R2 892TCR3444TC844R2ITC 75 I R2386P537 R4TC251TC588P1144 TC 476 75 TC 475 OS TC 75 1103 P TC 579 1103 TC977TC572DTC 566 P444TC 78R2R31150 P841AS835 TC 808 TCR260P475 R2785R3257 DTC 1103 GI899 TC 1119 TCTC75 TC77 TC75 TC712TC 360TC 75 R41167TC 477 TC 457 1103 DTCTC113075 R2636TC404 I742TCTC R2 357TC 1103 DTC97 TC 476 TC 75LI R5DITC 208TC572TCNC R3 P106 R21010TC864 R3640TC272TCR5B984DTC75TC75DTC75R22TC-H967R2TC1027TC 213TC 116 R392TC 75 1103 R1D P 881 TC 896 TC 1103 TC 75 TC(H)1170TC 897 477 R2 845 TC 75 1103 TC1103 TC 476 TC 80 R2772R2R5E840GITC221TC113175TC 75TC1145TC1103R2 236 R2 729R5A1052 R2784 TC 595 476 TC 937 R2827TC 537 217TC 717 TC 75 DTC 75 1103TC 75 1103 R2 90 R2R2TCITC75TC161DTC634TCTC 360 TC-H 476 TC 478 TC 667TC TC 482 1103 DTC 75 1103 TC 476 TC 106TC679TC716TCTC 461R1C BYLAW 5335GC142OS632 TC-H966I-1 See By-Law2005-085 See By-Laws 1998-155 2003-079 2003-144 2005-085 By-Law 2012-61 For Clarity Refer to Schedule E OS OSSTANLEY AVFALLS AV(ON RAMP)FALLS AV VictoriaKitchenerSlater SecondMcraeFerry FourthSt LawrenceA lexanderPalmerFifthEastwoodForsythePowellSixthStamfordCentreSimcoeWillmottJepsonLorneRosedalePhilipMacdonaldNelsonSt ClairEp w orth Bam p f i e l dCliftonRiverNorthKincaidArthurThirdOntarioArmouryFlorenceMcdougallRyersonSenecaHeywoodDetroit NiagaraRiver FallsEmery V alle yHomewood420 Hy NIAGARARIVER UNITEDSTATESOF AMERICA SHEET D4 •• CONSOLIDATION DECEMBER 2022 EXCEPTIONS & SPECIAL PROVISION NO.SEE SECTION 19ZONE LINESZONING BY-LAW79-200C4D3 D5 Print Date: FEBRUARY, 2023 Scale 1:13,000 0 500 m CITY OF NIAGARA FALLS Planning & Development Department A B C D E F 1 2 3 4 5 6 7 8 81-01998-15598-19699-05299-07899-10492-24001-02101-05001-08501-26502-11202-14302-14802-18002-20203-00998-15503-07903-12303-14403-157 03-159 03-16403-16903-18003-18103-19003-20404-01704-11204-15604-18304-19204-21004-21605-08505-17405-18806-09307-02207-04007-05107-11807-119 07-152 07-20808-01308-03908-13008-10008-20708-21908-17409-08409-08509-13910-04010-04110-06710-06811-03111-09212-01612-06112-06212-13613-029 13-030 13-03113-09015-05115-05616-05316-07717-00117-06217-12419-08320-00620-04520-09821-00721-01121-03021-10322-01322-06522-118 TC 1191 R1B129 NC109 R2 R4 R4 403 I750PI41 GIR3R3989 R5B 1088 II R2172R1B129 GC GC 968 GCR1D TRM 656R1C 890 GC GC GC693 R1ENC376 OS 981 R1ER1B P OS R5A SC605R1DLI TC 1103 R5A R5B TC 75 1103 I EPA R41163 GC-H 1151 R1C 592 R5D1180 NC I R5B134II R2 571 NC799 TC 1161 R5D1178R2 R5A 980 NC509 P590R4991 R5A 792 I TC572 R3 418 PI334 NCR1DNCR5B GC R2 I R5B TC R2SC-H703 GI899TCGC 795 GC-H1165 R2 421 TC75R1C R5C 1018 R5D990 P186 R4 1104 R2 TC 1103 R2 GC 1007 I LI R2 PI446 R3 138 LIR5B GC GC TC572R5A 410NCR4 NC R3 GCI435R2151R1C R5A GC1013 GC R5D1179R4894 I107260 GC TC 525 I TRM GC769 GC R5BR4157 R3 803 P 881 R4PIR1C102R3989 TC 1103 R5B GC590R2152R5A GC GC TC SC702 R4379 OSR5AR2659 OS R1D GC 1025 R5A GC 400 R41188 TRM ASP 247 GC 277 R21045R1E OS GC DTC 75 1103 TC 36 TC 75 1103 R2IGC 938R4117 GC 74 R5C156 R4930 I76 TC GC 164 R5ANCR2171R5A163 OS R1E R5D R5C GC910OS R2 R31177 TC 889 R4567 GC142GI R2 843 ASR3I532R4556 R5F842I LUNDY'S LN PeerHighland FranklinPettitDrummondPortageGlenholme DorchesterCarolynValleyShirleyFrederica Culp HeatherHighCookBurdette LowellScott ArthurDavidLeonardBalmoral Morde nSummerNorthAmeliaDawsonBellevueCroppFinglandStevensDivision CorwinCarltonValleyView BankerDukeEmeryBrookfieldHillsdalePrince EdwardGageLawByngMoulandStamford Barker Spence Harper RossStrathmore MorseDepewGreyLeemingSouthgate Biam o nt eGlamisGardenCabotRoyalManorKeifferBrackenWindsor Ker MarandaDorchesterRdDorchesterRd PortageRdDrummondRd420 Hy420 Hy SHEET C4 •• CONSOLIDATION DECEMBER 2022 EXCEPTIONS & SPECIAL PROVISION NO.SEE SECTION 19ZONE LINESZONING BY-LAW79-200D4B4C3 C5 Print Date: FEBRUARY, 2023Scale 1:13,000 0 500 m CITY OF NIAGARA FALLS Planning & Development Department A B C D E F 1 2 3 4 5 6 7 8 97-19799-01498-15498-00199-12692-23899-16699-23300-05901-01501-16902-04602-15602-16803-03703-03803-08804-08104-08405-01105-10305-104 06-159 07-06107-19707-20707-23308-02308-20808-21808-16209-13910-00910-03410-03510-09111-00611-03211-04812-10013-02413-02513-02613-12613-134 13-135 14-01015-08315-14916-03116-05216-12819-02319-11621-12122-03122-06622-07522-10822-111 TC 1022 TC 637 1103 TC 1103 TC TC 75 TC 635 TC 476 47 TC 476 TC(H) 1112 P 599 TC 1193 TC 75 TC(H) 1168 R4 TC 1103 TC 75 1103 I DH R5B 405 TC 75 1105 P 1114 TC 1192 I TC 75 1103 TC 809 1103 I 1017 LI TC 879 TC 599 TC 808 P 562 511 TC 1119 TC 75 TC 611 TC 635 TC 878 TC 476 493 (H) R5E-H 810 TC 794 635 TC 585 TC TC 476 TC 1169 1175 TC 75 1103 R4 594 R1C R3 I 983 TC 1021 R5E 1057 7 P 880 TC 1194 TC 8 R4 TC 1172 635 TC 1103 TC 635 511 R5C 819 TC TC TC 514 355 TC 476 TC 75 TC-H 1159 1103 P 1113 P 515 514 TC 75 TC 495 TC 1173 515 TC 595 476 TC 75 1103 TC 1174 1118 DTC TC 96 R4 TC 569 1103 R5E 1160 R1C TC-H 476TC 476 DTC 75 1103 TC 495 TC 578 By-Law 2012-61 For Clarity Refer to Schedule E By-Law 2012-61 For Clarity Refer to Schedule E OS OSSTANLEY AVPortageMai n Mcleod BurningSpringsDufferinIsleRoge r FallsviewFraser NiagaraRiv e r NIAGARA RIVER GOAT ISLAND UNITED STATES OF AMERICA SHEET D5 •• CONSOLIDATION DECEMBER 2022 EXCEPTIONS & SPECIAL PROVISION NO. SEE SECTION 19 ZONE LINES ZONING BY-LAW 79-200 C5 D4 D6 Print Date: FEBRUARY, 2023 Scale 1:13,000 0 500 m CITY OF NIAGARA FALLS Planning & Development Department A B C D E F 1 2 3 4 5 6 7 8 98-157 99-117 99-272 00-103 01-090 01-149 01-185 02-066 02-110 02-135 02-136 02-210 03-009 03-046 02-202 03-164 04-017 04-073 04-117 04-126 05-014 07-001 07-022 07-195 07-154 08-011 08-039 09-075 09-139 10-120 12-062 12-080 12-081 12-082 13-077 13-108 13-109 13-110 15-139 16-049 16-053 17-062 19-083 19-133 20-045 22-004 22-007 22-063 22-068 22-093 22-099 22-100 22-101 22-103 R4 P R2 OS 825 R4 R1C R2 AS 790 R5B TC 1103 NC R2 1054 TRM R1E R4 1171 NC 452 LI R5A R1D R5B 627 NC DH R4 1106 TRM 656R1C 890 P 635 R2 I 597 R2 936 TC 903 R5C 1157 R5A 1068 R4 GC NC NC 982 AS 103 I TC 548 R4 725 P 182 R4 TC 1103 LI 576 R1E R5A TC 75 1103 TRM R4 I R4 185 DH R5B 405 NC R4 P 1114 R5C 887 GC I NC 793 GC 697 R2 733 R2 571 R5C 1146 I R5D 1003 R2 R1E 727 R3 557 TC 75 1103 PI R1C NC 94 R1A R4 R4GC 130 R5B R5A 792 R1E R2 955 R4 R1C TRM NC 459 R5A TC 901 R1C R1E P 569 578 R4 R2 530 GC R4 1107 I R2 421 NC I GC 46 NC I GC R4 R5C 1089 GC TRM R3 133 LI R5E-H 810 R1E 621 TC 902 R5C 1138 TC R1E R4 839 R5B 1020 R5C NC 131 GC 182 R4 594 R1C R5C 1126 R3 I NC R5A R5B R5C 882 R5E 1127 R5B 558 R4 NC 95 R1C 591 NC TRM R2 922 R4 412 R1D R1E 853 R5A 888 R1C 1122 P 880 R5B R4 DH NC R4 TC 1103 TRM R5A 341 R1C R1C 412 R5C 819 NC GC GC 358 R5C 1125 R2 1102 R5B 137 R5B I R5B 500 NC P 1113 P 515 514 AS R1E 898 R5B 573 I R4 916 R5A 661 R5A 348 R1E R1C R5A 340 TRM R3 GC GC TC 36 R4 345 R5B 521LI R5A 15 R5A R2 PI R2 R4 R2 NC 629 TC 569 1103 GC 164 R1C 755 R1E R2 R1C R4 TC LI 38 R5A R1E GC GC R2 291 R1E 349 R2 R1C R1E GC 412 I MCLEOD RD Wi lsonOrchardDixon WardenDorchesterMain Murray Mcl e o dCaledoniaMargaretAdamsAilanthusStokes C o r w i n DellAnn D u n nClareFranklin Colli n sCarltonSymmes Joll eyBrantHeximerAradWaters Hawkins Whitm anAinslieMerl e SharonHarovics Winston FrontenacDouglasDawlishPineGroveChurchillFairlawnCrescent Ale xDemetr eHagar JoyceMcmi l l anSkinner FinlayBettyAsh Atlee Culp Asp e nFernMerrittRalphBrookfieldCuvielloPaisleyRichmondErwinWendy To byLocusEdward Bonnie Centennial Coach Argyll Hennepin Maranda Monroe Taylor OakwoodSHEET C5 •• CONSOLIDATION DECEMBER 2022 EXCEPTIONS & SPECIAL PROVISION NO. SEE SECTION 19 ZONE LINES ZONING BY-LAW 79-200 D5B5 C4 C6 Print Date: FEBRUARY, 2023Scale 1:13,000 0 500 m CITY OF NIAGARA FALLS Planning & Development Department A B C D E F 1 2 3 4 5 6 7 8 99-084 99-260 01-132 01-266 02-063 02-078 02-110 02-168 02-208 02-209 03-030 03-102 03-132 02-208 03-156 03-164 04-096 04-132 04-164 05-014 05-044 05-151 05-158 05-196 05-209 06-154 07-153 07-232 08-029 08-050 08-131 08-083 08-102 08-070 09-033 09-075 09-139 09-141 09-174 09-175 10-131 10-100 10-103 10-104 10-105 10-156 10-066 11-030 11-118 12-029 13-077 14-073 16-035 16-049 16-111 17-062 17-147 19-040 19-067 19-083 19-122 19-131 20-045 20-056 20-081 20-082 20-083 20-121 21-042 21-067 21-134 22-063 22-064 22-093 SUBJECT SITE Niagara Falls Official Plan Zoning By-law No. 79-200 • Included within the Tourist Commercial Zone • Permits a range of non-residential uses Page 259 of 500 Redevelop lands within the Tourist Commercial District (where intensification is directed) Introduce new housing on a vacant site, within walking distance of employment opportunities Develop at a height and density that transitions from the higher-rise area (east) to the lower-rise area (west) Develop a compact and pedestrian- oriented built form, with high-quality architecture The proposal seeks to: Page 260 of 500 Site Plan R. O . W . R. O . W . BI K E P A R K I N G R. O . W . R. O . W . R. O . W . R. O . W . FR O N T P R O P E R T Y L I N E E X T ER IOR S ID E P RO P E R T Y L IN E S E T B A CK L IN E 12m SERVICING EASEMENTSETBACK LINEINTERIOR SIDE PROPERTY LINEINTERIOR SIDE PROPERTY LINESETBACK LINEFR O N T P R O P E R T Y L I N E E X T ER IOR S ID E P RO P E R T Y L IN E S E T B A CK L IN E 12m SERVICING EASEMENTSETBACK LINEINTERIOR SIDE PROPERTY LINEINTERIOR SIDE PROPERTY LINESETBACK LINEREAR SIDE PROPERTY LINEREAR SIDE PROPERTY LINE FR O N T P R O P E R T Y L I N E FR O N T P R O P E R T Y L I N E FR O N T P R O P E R T Y L I N E FR O N T P R O P E R T Y L I N E 20 STOREY RESIDENTIAL BUILDING 193 UNITS M A I N S T R E E T ALLENDALE AVENUEPR O P O S E D D R O P O F F 12m SERVICING EASEMENT12m SERVICING EASEMENT SURFACE PARKING(18 SPACES)LOADING SURFACE PARKING(18 SPACES)LOADING OUTDOOR AMENITY OUTDOOR AMENITY U/G PARKING ENTRANCE SITE ENTRANCE SITE ENTRANCE MURRAY STREETDO NOT SCALE DRAWINGS. USE ONLY DRAWINGS MARKED "ISSUED FOR CONSTRUCTION". VERIFY CONFIGURATIONS AND DIMENSIONS ON SITE BEFORE BEGINNING WORK. NOTIFY ARCHITECT IMMEDIATELY OF ANY ERRORS, OMISSIONS OR DISCREPANCIES. CHAMBERLAIN ARCHITECT SERVICES LIMITED AND CHAMBERLAIN CONSTRUCTION SERVICES LIMITED HAVE SIMILAR OWNERSHIP. CHAMBERLAIN ARCHITECT SERVICES LIMITEDHAS COPYRIGHT. CONSTRUCTING A SUBSTANTIALLY SIMILAR BUILDING WITHOUT PERMISSION MAY INFRINGE THE COPYRIGHT OWNER'S RIGHTS. MAKING MINOR CHANGES TO PLANS DOES NOT NECESSARILY AVOID COPYRIGHT INFRINGEMENT. INNOCENT INFRINGEMENT IS NOT A DEFENSE TO COPYRIGHT INFRINGEMENT. © SEAL SHEET NAME START DATE DRAWN BY CHECKED BY SCALE PROJECT NO. DRAWING CONSTRUCTION NORTH TRUE NORTH Chamberlain Architect Services Limited 4671 Palladium Way (Unit 1)Burlington, Ontario. L7M 0W9CANADA Phone: 905.631.7777 www.chamberlainIPD.com ArchitectsConstructorsManagers THIS SITE PLAN IS BASED UPON AND MUST BE READ IN CONJUNCTION WITH THE REGISTERED PLAN. CHAMBERLAIN ARCHITECT SERVICES LIMITED ACCEPTS NO RESPONSIBILITY FOR THE ACCURACY, OR COMPLETENESS OF THE DATA SUPPLIED AND SUCH DATA IS NOT INCLUDED UNDER SEALS OF CERTIFICATION IF ANY. ZELJKO HOLDINGS LTD. 1 : 125 3/13/2024 11:04:55 AMC:\Users\hkarim\Documents\119051 - Niagara Falls Condo - Building RVT2024 (2023-11-30)_hkarim4N2PP.rvtA001 SITE PLAN JM/CMC HK/SS 119051 6285 & 6289 MAIN ST. NIAGARA FALLS, ON OCTOBER 2019 NO.ISSUED DATE 1 CLIENT REVIEW 2019-11-12 2 CLIENT REVIEW 2020-04-08 3 CLIENT REVIEW 2020-08-14 4 CLIENT REVIEW 2021-04-23 5 CLIENT REVIEW 2021-08-18 8 PRE-CON 2022-09-029PRE-CON REVISION 2022-09-07 10 CLIENT REVIEW 2023-02-28 SITE STATISTICS (w/o R.O.W) DESCRIPTION AREA (SM)AREA (SF)PERCENTAGE BUILDING FOOTPRINT BUILDING FOOTPRINT 581.1 m²6255 ft²23.5% BUILDING FOOTPRINT 197.2 m²2122 ft²8.0% 778.3 m²8377 ft²31.5% HARD LANDSCAPE ASPHALT 1230.4 m²13244 ft²49.8% CURB 28.5 m²307 ft²1.2% PAVER 47.6 m²513 ft²1.9% SIDEWALK 116.3 m²1252 ft²4.7% 1422.9 m²15316 ft²57.5% SOFT LANDSCAPE LANDSCAPE 271.5 m²2922 ft²11.0% 271.5 m²2922 ft²11.0% 2472.6 m²26615 ft²100.0% OVERALL SITE 2472.6 m²26615 ft²100.0% PARKING SCHEDULE (ALL LEVELS) BY TYPE Description Count 2.75m x 6.0m 175 3.9m x 6.0m - ACC 6 181 Page 261 of 500 Key Statistics Bicycle Parking Vehicular Parking 103 spaces 177 resident spaces 20 storeys (67 m to top of roof) Building Height Amenity Space Indoor Space Outdoor Space 856 m2 183 m2 1,039 m2 total 5.73 FSIFloor Space IndexGross Floor Area14,089 m2 Residential Units193 units Page 262 of 500 Page 263 of 500 Page 264 of 500 Official Plan Amendment • Permit proposed height Zoning By-law Amendment • Permit proposed height, residential uses, and other development standards Required Approvals Page 265 of 500 We support staff’s recommendation. Request of Council Page 266 of 500 Question & Answers Thank you Page 267 of 500 »gm3%252mmaaomo: T..J Page 268 of 500 apkwm Wot/é ZB W‘atoamujz‘?utiWWWW,D€Q.&%¢JW‘3RW mm W m Ida/W M467;717174,,W,t. v y}. M/,MM MW «17 i?h.-., 7.H», Jam W/anMo-WW {Mix m,W «x- :vlbip-&1%ac«CLM/W 74%1’04/ Page 269 of 500 Planning Emails % From:Testa,Aurora .s- Sent:Wednesday,June 12,2024 12:35 PM To:Matt Kernahan Cc:Planning Emails Subject:[EXTERNAL]—AM—2023—O36 I am emailing regarding the Notice of Public Meeting for this development application.i had emailed on June 3,2024,but have not received a response.I am a resident of the area and have not seen the notice indicating the date of the meeting for this proposal.The sign on the property indicates that a meeting is to be held in the future. I am concerned about increased traffic and parking issues that may occur if this development takes place.Main Street/Murray Street and Allendale get very busy and chaotic at times on busy holiday weekends without adding more potential traffic.'There is paid parking oneithersideoftheapartmentbuildingandacrossthestreetwhichmakesitdifficulttoseeoncomingtraf?c when trying to exit the driveway on busy weekends.At times I have seen people who are not residents parking at the apartment building when there is an event at the church across the street. There is no parking on Murray Street but other side streets in the area have also become busy withparkingaswell.My brother lives \and we have had issues with people parking tooclosetotheintersectionofMurrayStreetandFinlayAvenuecausingasighthazardformotoristswhowanttoturnleftfromMurrayStreettoFinlayAvenue.At times it is difficult backing out the driveway because vehicles are parked on both sides. Murray Street is closed at Main Street so would Main Street be the only access for this building? Currently there is no sidewalk at that location so I see people walking on the side of the road which is not safe. Will pedestrians still have access from Murray Street to the Falls,Casino and tourist area?There areresidentsoftheareawhoworkattheCasinoortouristareaandwalktowork.Murray Street is the only through street for pedestrians who want to go to the Falls and other tourist areas. Aurora Taste The Regional Municipality of Niagara 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 inerror,please re—send this communicationto the sender and permanently delete the original and any copy of it from your computer system.Thankyou. CAUTION:This email originated from outside of theorganization.Do not click links or open attachments unless you recognize thesenderandknowthecontentissafe. Page 270 of 500 BDD-2024-03 Report Report to: Mayor and Council Date: June 18, 2024 Title: Municipal Accommodation Tax Recommendation(s) THAT Council RECEIVE this report for information. Executive Summary The 2017 Ontario budget included legislative changes permitting single-tier and lower- tier municipalities the authority to implement a tax on transient accommodation to further promote tourism as an economic driver, through Bill 127, A Stronger, Healthier Ontario and Ontario regulation 435/17. Municipalities opting to implement a tax had the flexibility to determine the design of the tax, including the rate(s), administration, collection, and the scope of its application. A municipality that collects the MAT is required to enter into an agreement with an “eligible tourism entity” and ensure that amounts paid to the entity are used for the exclusive purpose of promoting tourism, and other matters specified in the agreement. The legislation states that revenue shared with the eligible tourism entity must be at least 50% of the MAT revenue collected – unless there was an existing destination marketing program in place prior to the implementation of the MAT – in that case, the eligible tourism entity must receive at least as much as the amount it received for the administration and collection of the destination marketing program during the fiscal year that ended before the MAT came into effect. The legislation does not specify what a municipality can and cannot spend retained MAT revenue on, leaving this up to the discretion MAT municipal of Examples MAT. a adopts that municipality each of expenditures in Ontario include: funding towards projects and initiatives that support tourism and residents, infrastructure development supporting tourism, economic development initiatives, event/festival attraction and support, and other initiatives. The City of Niagara Falls signed an agreement, dated January 1st, 2019 with the Niagara Falls Canada Hotel Association Inc. (NFCHA) to administer the funds generated by the transient accommodation tax. As part of the agreement, the City included an administration fee of 5%, and retains this portion of the funds collected. The administration fee covers or offsets the cost of collecting, remitting and reporting the tax and dealing with other administrative matters. Page 1 of 15 Page 271 of 500 Background At the March 19th, 2024 Council meeting, Council approved the following motion: THAT staff bring an update on current practices and a report to explain our options for the Municipal Accommodation Tax and its best practices and to include: 1. What is the Municipal Accommodation Tax and what is it presently used for? 2. Why is our current MAT significantly less than most municipalities in Ontario? 3. How much revenue is the MAT expected to generate (approx.) year over year 4. How would the City of Niagara Falls’ use of the MAT currently compare to those municipalities with a significant tourism component to their economy? 5. How can we improve and/or enhance the tourism experience while trying to ensure that we’re respecting our community? 6. What are the current impacts of tourism on the municipality, and can the MAT be used to implement measures that try to alleviate the pressure of tourism on the residents and the City itself? In 2018 the City of Niagara Falls passed by-law no. 2018-104 to implement a mandatory Municipal Accommodation Tax (MAT), calculated at a rate of $2.00 per room (per night) of occupancy of transient accommodation. This was in accordance with Part XII.1 of the Municipal Act, 2001, S.O. 2001 c. 25, as amended, and the Municipal Accommodation Tax Regulation O. Reg. 435/17, effective January 1, 2019. The MAT applies to the purchase of accommodations provided for a continuous period of 30 days or less in a hotel, motel, inn, resort, vacation rental unit or bed & breakfast. Analysis During the last three years, the total amounts collected through the MAT in Niagara Falls have been: Total Collected City Administration Fee (5%) 2021 $2,003,237.00 $102,943.45 2022 $4,285,126.00 $212,905.40 2023 $3,976,911.00 $200,908.95 As per the regulations, and the agreement with NFCHA, the funds collected are to be used for the promotion of tourism. Below are the 2023 expenditures: Programs Amount Requestor Spring Campaign $1,200,000 Niagara Falls Tourism Fireworks $378,304 Niagara Falls Tourism Page 2 of 15 Page 272 of 500 Programs Amount Requestor Curling Sponsorship $60,000 Niagara Falls Tourism Fall Campaign $692,500 Niagara Falls Tourism Winter Festival of Lights $500,000 Niagara Falls Tourism Winter Festival of Lights – NPC Extension $150,000 Niagara Falls Tourism MMGY 3 Year Marketing Plan $234,881 Niagara Falls Tourism Grey Cup Event $150,000 City of Niagara Falls Tool & Programming $17,800 Niagara Falls Tourism ICEF $75,000 City of Niagara Falls Scotia Bank $73,950 NF Convention Centre North Star – Drones $28,250 NFCHA Consulting Report $50,000 City of Niagara Falls Total $3,610,685 The NFCHA 2024 committed funding allocation, based on 2024 estimate revenues are as follows: Programs Total Flavours of Niagara $125,000 Spring Campaign $1,000,000 Summer Campaign 1 $100,000 Summer Campaign 2 $100,000 Fall Campaign $850,000 Winter Festival of Lights $550,000 Winter Campaign $100,000 Public Relations $200,000 Business Events and Tour & Travel $100,000 Eclipse Event $300,000 Fireworks $807,960 Convention Development Fund $250,000 WeGo Extension $168,309 Admin $374,400 Total $5,025,669 Other Jurisdictions Since the introduction of legislation giving Ontario municipalities the authority to implement a tax on transient accommodation, many councils (approximately 50 and Page 3 of 15 Page 273 of 500 counting) have opted to introduce a by-law implementing a MAT. Below are examples of other municipalities and their rates: 1. Niagara Falls - $2.00 per room, per day 2. Toronto – 6% 3. Ottawa – 5% 4. Mississauga – 6% 5. Hamilton – 4% 6. London – 4% 7. City of Stratford – 4% 8. Hunstville – 4% 9. Kingston – 5% (as of January 1st 2024; previously 4%) 10. Vaughan – 4% 11. Windsor – 4% 12. Brampton – 4% 13. Waterloo Region (Kitchener, Waterloo, and Cambridge) – 4% 14. Sudbury – 4% 15. Thunder Bay – 4% 16. Sault Ste. Marie – 4% 17. Markham – 4% 18. Oakville – 4% 19. Brockville – 4% 20. Guelph – 4% 21. Prince Edward County – 4% 22. Brantford – 4% (as of January 1st, 2024) 23. Peterbourough – 4% 24. Niagara-on-the-Lake – 3% (as of January 1st, 2024; 4% as of Jan 1st, 2025) 25. Lincoln – 4% 26. St. Catharines – 3% (as of January 1st, 2024; 4% as of Jan 1st, 2025) 27. Port Colborne – 4% Municipalities have the authority to structure their MAT and agreement with an eligible tourist entity at their discretion. Some municipalities forward the entire amount collected, minus an administration fee, to the eligible tourist entity – whereas others have different arrangements within their MAT by-law, generally retaining 50% for the municipality. Examples from other jurisdictions include: Oakville – 50% of the net revenue from the MAT goes to the municipality. The town outs its portion of the proceeds into a reserve to be used toward tourism related projects and initiatives. The other 50% of the net revenue (less a 5% admin fee) goes to Visit Oakville, who administers the funds for tourism promotion and development. The Town is currently working on a policy where funds retained by the Town would go towards building tourism assets and sponsorship of larger events that attract tourism (ie. 2024 Centennial Cup) Page 4 of 15 Page 274 of 500 London – Revenue collected from the MAT is allocated 50% to Tourism London; and 50% to the City of London. Funds retained by the City are allocated to infrastructural updates to tourism entities (ie. Convention Centre). Toronto – The MAT in Toronto provides funding for Destination Toronto; as well as funds retained by the City of Toronto for programs and services that visitors take advantage of when visiting (ie. roads, transit, culture, parks, natural areas and recreation). Prior to the implementation of the MAT in Toronto, a destination marketing program (DMP) was in place, therefore the City provides a minimum guaranteed “floor” to Tourism Toronto, replacing revenues previously generated through the DMP. Kingston – 65% of funds are allocated to Kingston Accommodation Partners and Tourism Kingston for tourism marketing and sales; 35% of funds are allocated towards a development fund reserve. A development fund committee comprised of Kingston Accommodation Partners, Tourism Kingston and the City authorizes decisions on fund spending (ie. Major event attraction, airport incentives). Windsor – 50% of the MAT is directed to Tourism Windsor Essex Pelee Island to support their tourism promotion and development of Windsor Tourism; 50% remains with the City to provide funding for future projects/initiatives which aim to support tourism. Waterloo Region – 50% of the MAT goes to Waterloo Region Tourism Marketing Corporation; 40% to lower tier municipalities; 10% towards Waterloo Region. The Region uses their portion of the MAT to develop tourism through initiatives such as grants for cultural events and festivals. Mississauga – MAT revenue is split evenly between the City and Tourism Mississauga. The City uses the funds to fund culture grants to support arts, heritage, cultural festivals, as well as costs relating to hosting of citywide sports or culture events. Funds are also used for tourism-related capital improvements and infrastructure needs. Tourism Mississauga’s share of the MAT is also used towards tourism related initiatives and events. Sudbury – 50% (less administration) is used to promote the tourism industry through the City of Greater Sudbury Community Development Corporation. The other half of the MAT remains with the City to use in accordance with Council direction to support City programs and services (ie. Funds have been identified as a funding source for the debt financing of the new arena/event centre). Stratford – 50% of the net MAT revenue is directed towards Destination Stratford. 50% of the funds retained by the City are placed in a reserve fund with the express purpose of being used to fund partially or wholly, specific tourism-related initiatives. The initiatives, to be determined, are intended to benefit both visitors and residents, and are at the sole discretion of Council. Page 5 of 15 Page 275 of 500 Hunstville – 50% of the net MAT revenue is directed towards the Hunstville Municipal Accommodation Tax Association. The organization directs funds towards tourism promotion and development with a focus on attracting more visitors to the Town through sports and cultural events, new product developments, and enhanced attractions and outdoor activities. The remaining net MAT revenue is retained by the Town and earmarked for projects and initiatives that promote and support tourism and economic development efforts that benefit residents and visitors. The Town has a specific policy regarding the use of the municipal portion of the MAT, outlining principles that must be met to be funded through MAT revenue:  New tourism infrastructure  Capital investment to enhance a recreation or tourism facility  Economic development programming  Support community events and organizations  Affordable housing programs or initiatives  Administrative expenses related to STR programs and delivery of MAT programming  Leverage existing resources to create public and private sector partnerships Brantford – 50% of funds are allocated to the Brantford Municipal Services Corporation, supporting tourism; 50% of funds are allocated to the City of Brantford to fund programs and services that support visitors to Brantford (ie. Culture, parks, and recreation) as well as funding for destination marketing and tourism development initiatives. Niagara-on-the-Lake – 50% of funds are allocated to Tourism NOTL, a subsidiary of the NOTL Chamber of Commerce; 50% remains with the town of Niagara-on-the-Lake Lincoln – 80% of funds will be allocated to a new formed destination marketing organization (Niagara Benchlands). The remaining 20% will go to the town. St. Catharines – Funds are allocated towards Tourism St. Catharines; a municipal services corporation with the majority of revenues directed to tourism investment. Port Colborne - 50% portion of the net revenues go towards Niagara's South Coast Tourism Association, and the other 50% is retained by the City of Port Colborne for tourism and economic development purposes – ie., Canal Days. How the Tourism Experience can be Improved With tourism being a key economic driver in Niagara Falls, continued investment and promotion is required to maintain and grow the industry. The tourism experience can be Page 6 of 15 Page 276 of 500 enhanced through continued investment into new attractions and demand generators. Additional amenities that enhance tourism can include: - New year-round attractions - Additional entertainment/festivals - Additional culinary and nightlife options - Niagara District Airport development - Weather protected elevated pedestrian pathways - Visitor transportation system - Convention Centre fund to secure City-wide events. - Way finding / signage Impacts of Tourism on the Municipality Tourism impacts Niagara Falls positively. The City welcomes approximately 14 million annual visitors making it the #1 leisure destination in Canada. These visitation numbers bring with it a $2.5 billion economic impact; with 30% of the tax base comprised of commercial assessment, helping reduce the residential tax base. Additionally, commercial fees for waste collection subsidize residential waste pickup. Employment directly tied to tourism amounts to approximately 14,000 positions. In terms of challenges, high visitation numbers to the City can contribute to additional congestion, especially during the peak Summer tourism season. Additionally, increased use of infrastructure such as roads/sidewalks increases wear and tear. The Municipal Works department operates a Tourist Area Cleanup (TAC) crew dedicated to the tourist area. The crew is fully staffed between May and November, and partially staffed in the winter. Emergency services (such as fire) can face increased (and more demanding) service calls with visitors in the City, relative to other communities. For example, in 2023 Fire Prevention responded to 49 incidents within Niagara Parks; as of May 2024 that number is 17 to date. Additionally, the fire risks associated with large public buildings such as the Casino or large scale Fallsview hotels require additional requirements for minimum staffing and equipment to be maintained by Fire Services. The above provides answers to the questions raised by council except for: Why is our current MAT significantly less than most municipalities in Ontario? Staff have been working with the NFCHA on taking a more strategic and best practice approach to a destination strategy. The City believes that the funding level has short changed the City from more fully developing and growing the industry. How can we improve and/or enhance the tourism experience while trying to ensure that we’re respecting our community? Page 7 of 15 Page 277 of 500 Tourism like any other large industry has positive and negative impacts on the community it resides in. The key for tourism is to ensure that there are shared benefits besides the property tax and employment benefits with the community. The City for example has received more than $200 million in host community benefits from 2013 till the end of 2023. This has funded a number of activities from policing to property tax relief to recreational asset development along with a number of other programs. (A full summary is available on the City’s website https://niagarafalls.ca/city-hall/finance/olg- funding/default.aspx ). A comprehensive strategy that has input from the City as to how these benefits are shared is critical for this question to be answered. Staff are working with the NFCHA to come up with a strategy and governance format that will outline how the industry will grow and how it will benefit the community as a whole. Financial Implications/Budget Impact This report has no direct financial implications for the City and is meant for informational purposes. The amount of funds collected from the MAT that are kept by the City are included in the report. Strategic/Departmental Alignment The collection of a MAT for the purposes of promoting tourism is consistent with the City’s strategic priorities of economic diversification and growth. List of Attachments Municipal Act, 400.1 Power To Impose Transient Accommodation Tax O. Reg. 43517 Transient Accommodation Tax Written by: Serge Felicetti, Director of Business Development Submitted by: Status: Serge Felicetti, Director of Business Development Approved - 12 Jun 2024 Jason Burgess, CAO Approved - 12 Jun 2024 Page 8 of 15 Page 278 of 500 PART XII.1 POWER TO IMPOSE TRANSIENT ACCOMMODATION TAX Power to impose transient accommodation tax 400.1 (1) A local municipality may, by by-law, impose a tax in respect of the purchase of transient accommodation in the municipality in accordance with this Part if the tax is a direct tax. 2017, c. 8, Sched. 19, s. 11. Requirements for by-law (2) A by-law described in subsection (1) must satisfy the following criteria: 1. It must state the subject of the tax to be imposed. 2. It must state the tax rate or the amount of tax payable. 3. It must state the manner in which the tax is to be collected, including the designation of any persons or entities who are authorized to collect the tax as agents for the municipality and any collection obligations of persons or entities who are required to collect the tax under subsection (4). 2017, c. 8, Sched. 19, s. 11. Other contents of by-law (3) A by-law described in subsection (1) may provide for, (a) exemptions from the tax; (b) rebates of tax; (c) penalties for failing to comply with the by-law; (d) interest on outstanding taxes or penalties; (e) the assessment of outstanding tax, penalties or interest; (f) audit and inspection powers; (g) the establishment and use of dispute resolution mechanisms; (h) the establishment and use of such enforcement measures as the council of the municipality considers appropriate if an amount assessed for outstanding tax, penalties or interest remains unpaid after it is due, including measures such as garnishment, the seizure and sale of property and the creation and registration of liens; (i) such other matters as the council of the municipality considers appropriate. 2017, c. 8, Sched. 19, s. 11. Page 9 of 15 Page 279 of 500 By-law may require persons or entities to collect tax (4) Subject to subsection (5), a by-law described in subsection (1) may require certain persons or entities to collect the tax as agents for the municipality. 2017, c. 8, Sched. 19, s. 11. Exception (5) The by-law shall not require the collection of the tax, as an agent for the municipality, by the Crown, any agency of the Crown or any authority, board, commission, corporation, office or organization of persons a majority of whose directors, members or officers are appointed or chosen by or under the authority of the Lieutenant Governor in Council or a member of the Executive Council. 2017, c. 8, Sched. 19, s. 11. Section Amendments with date in force (d/m/y) Persons, etc., not subject to tax 400.2 A municipality is not authorized to impose taxes under section 400.1 on any of the following: 1. The Crown, every agency of the Crown in right of Ontario and every authority, board, commission, corporation, office or organization of persons a majority of whose directors, members or officers are appointed or chosen by or under the authority of the Lieutenant Governor in Council or a member of the Executive Council. 2. Every board as defined in subsection 1 (1) of the Education Act. 3. Every university in Ontario and every college of applied arts and technology and post-secondary institution in Ontario whether or not affiliated with a university, the enrolments of which are counted for purposes of calculating annual operating grants entitlements from the Crown. 4. Every hospital referred to in the list of hospitals and their grades and classifications maintained by the Minister of Health and Long-Term Care under the Public Hospitals Act and every private hospital operated under the authority of a licence issued under the Private Hospitals Act. 5. Every long-term care home as defined in subsection 2 (1) of the Fixing Long- Term Care Act, 2021. 6. Such other persons and entities as may be prescribed. 2017, c. 8, Sched. 19, s. 11; 2021, c. 39, Sched. 2, s. 16 (5). Section Amendments with date in force (d/m/y) Effect re Part VIII Page 10 of 15 Page 280 of 500 400.3 This Part does not limit the authority of a municipality under Part VIII (Municipal Taxation). 2017, c. 8, Sched. 19, s. 11. Section Amendments with date in force (d/m/y) Enforcement measures 400.4 (1) The use of one or more enforcement measures established by a by-law under section 400.1 does not prevent a municipality from using any other remedy available in law to enforce the payment of amounts owing under this Part. 2017, c. 8, Sched. 19, s. 11. Priority of outstanding amounts (2) A by-law under section 400.1 cannot provide that outstanding taxes, interest or penalties have priority lien status for the purposes of subsections 1 (2.1), (2.2) and (3) and cannot provide that such taxes, interest or penalties have a higher priority than they would otherwise have in law in relation to other claims, liens or encumbrances. 2017, c. 8, Sched. 19, s. 11. Enforcement by court (3) If any tax, penalty or interest imposed pursuant to a by-law under this Part remains unpaid after it is due, the municipality may bring an action for the recovery of those amounts in any court in which a debt or money demand of a similar amount may be collected. 2017, c. 8, Sched. 19, s. 11. Limitation period (4) An action under subsection (3) shall not be commenced against any person after the fourth anniversary of the day on which those amounts first became due and payable to the municipality unless, within that four-year period, the municipality makes a written demand for payment of those amounts by the person, in which case the action may be commenced at any time before the sixth anniversary of the day on which those amounts first became due and payable to the municipality. 2017, c. 8, Sched. 19, s. 11. Section Amendments with date in force (d/m/y) Agreements re tax collection, etc. 400.5 A municipality may enter into agreements with another person or entity, including the Crown, providing for the collection of taxes imposed under section 400.1 and the administration and enforcement of the by-law imposing the taxes and the agreement may authorize the person or entity to collect taxes and administer and enforce the by- law on the municipality’s behalf. 2017, c. 8, Sched. 19, s. 11. Page 11 of 15 Page 281 of 500 Section Amendments with date in force (d/m/y) Regulations re power to impose taxes 400.6 On the recommendation of the Minister of Finance, the Lieutenant Governor in Council may make regulations providing for any matters which, in the opinion of the Lieutenant Governor in Council, are necessary or desirable for the purposes of this Part, including, (a) prescribing conditions and limits with respect to the imposition of a tax under a by-law made under subsection 400.1 (1); (b) governing the collection of a tax imposed under this Part; (c) prescribing, for the purposes of paragraph 6 of section 400.2, persons and entities who are not subject to a tax imposed under section 400.1; (d) defining any word or expression used in this Part; (e) governing the sharing of revenue from a tax on transient accommodation between the municipality that imposes the tax and one or more non-profit entities for the exclusive purpose of the non-profit entity in promoting tourism in Ontario or in the municipality. 2017, c. 8, Sched. 19, s. 11. Section Amendments with date in force (d/m/y) Page 12 of 15 Page 282 of 500 1 Français Municipal Act, 2001 ONTARIO REGULATION 435/17 TRANSIENT ACCOMMODATION TAX Consolidation Period: From December 1, 2017 to the e-Laws currency date. No amendments. This is the English version of a bilingual regulation. Interpretation 1. (1) In this Regulation, “destination marketing program” means a program under which one or more providers of transient accommodation in a municipality agree to pay a portion of their revenue to a non-profit entity (for which the providers of transient accommodation may or may not charge fees to purchasers of transient accommodation to recover that revenue) to be used by an eligible tourism entity in promoting tourism ; (“programme de marketing de destinations”) “eligible tourism entity” means a non-profit entity whose mandate includes the promotion of tourism in Ontario or in a municipality; (“entité touristique admissible”) “Ontario’s total tourism receipts” means, in respect of a year, the amount set out in the column titled “Total” for that year in the table titled “Ontario’s Tourism Receipts by Origin” that is published by the Ministry of Tourism, Culture and Sport on the Government of Ontario website. (“recettes touristiques totales de l’Ontario”) (2) For greater certainty, the expressions “promotion of tourism” and “promoting tourism” include the development of tourism products. Application 2. This Regulation applies if a municipality imposes a tax in respect of the purchase of transient accommodation in the municipality under section 400.1 of the Act. Limit re imposition of tax 3. A municipality is not authorized to impose taxes under section 400.1 of the Act in respect of the purchase of transient accommodation at a university or a college of applied arts and technology or post-secondary institution whether or not affiliated with a university, the enrolments of which are counted for purposes of calculating operating grants entitlements from the Crown. Revenue sharing — destination marketing program exists when tax imposed 4. (1) This section applies if a destination marketing program exists in the municipality on the day before th e tax comes into effect. (2) For each full or partial fiscal year of the municipality that the tax is in effect, the municipality shall make one or more payments to the eligible tourism entity that received revenue, directly or indirectly, from providers of transient accommodation in the municipality under a destination marketing program that existed immediately before the tax came into effect, the total of which must be at least equal to the amount determined under this section . (3) Any amounts paid to the eligible tourism entity under subsection (2) shall be used by the eligible tourism entity for the exclusive purpose of promoting tourism. (4) The amount referred to in subsection (2) in respect of a fiscal year of the municipality is the lesser of, (a) the total amount of revenue from the tax received by the municipality in respect of the fiscal year; and (b) the amount determined under subsection (5), (6), (8) or (9) for the fiscal year. (5) If, for the first fiscal year of the municipality in which the tax takes effect, the tax is in effect for the entire fiscal y ear, the amount referred to in subsection (2) in respect of that fiscal year is the amount determined using the formula, A – B in which, Page 13 of 15 Page 283 of 500 2 “A” is the total amount of revenue that was collected on transient accommodation provided in the municipality under the destination marketing program in respect of the eligible tourism entity’s last fiscal year that ended before the tax came into effect and that was received by the entity under the program in respect of that year, and “B” is any revenue that was collected on transient accommodation provided in the municipality under a destination marketing program at any time when the tax was in effect and that was received by the entity under the program in the first fiscal year of the municipality in which the tax takes effect. (6) If, for the first fiscal year of the municipality in which the tax takes effect, the tax is not in effect for the entire fisc al year, the amount referred to in subsection (2) in respect of that fiscal year is the amount determined under subsection (5), as if the amount determined under the definition of “A” in that subsection were multiplied by the amount determined using the formula, C/D in which, “C” is the number of days that the tax is in effect in the fiscal year, and “D” is the total number of days in the fiscal year. (7) Subsections (8) and (9) apply with respect to fiscal years of the municipality other than the first fiscal year in which the tax takes effect. (8) For a particular fiscal year of the municipality in which the tax is in effect for the entire year, the amount referred to in subsection (2) in respect of that particular fiscal year is the greater of the following amounts: 1. The total amount of revenue that was collected on transient accommodation provided in the municipality under the destination marketing program in respect of the last fiscal year of the eligible tourism entity that ended before the tax came into effect and that was received by the entity under the program in respect of that year, 2. The amount determined by applying the following steps: i. Determine the amount paid by the municipality to the eligible tourism entity under this section in respect of the fiscal year that precedes the particular fiscal year. If the tax was not in effect for the entire fiscal year that preceded the particular fiscal year, the amount referred to in paragraph 1 is deemed to be the amount determined under this subparagraph. ii. Determine the average annual percentage change in Ontario’s total tourism receipts over the 10 -year period between the second year immediately preceding the particular fiscal year and the 12th year immediately preceding the particular fiscal year. iii. Multiply the percentage change determined under subparagraph ii by the amount determined under subparagraph i. iv. If the percentage change determined under subparagraph ii is positive, add the amount determined under subparagraph iii to the amount determined under subparagraph i. If the percentage change determined under subparagraph ii is negative, subtract the amount determined under subparagraph iii from the amount determined under subparagraph i. v. From the amount determined under subparagraph iv, subtract the amount of any revenue that was collected on transient accommodation provided in the municipality under the destination marketing program at any time when the tax was in effect and that was received by the eligible tourism entity under the program in the particular fiscal year of the municipality. (9) For a particular fiscal year of the municipality in which the tax is not in effect for the entire year, the amount referred to in subsection (2) in respect of that particular fiscal year is the amount determined under subsection (8), as if subparagr aph 2 v of that subsection did not apply, multiplied by the amount determined using the following formula, (E/F) – G in which, “E” is the number of days that the tax is in effect in the particular fiscal year, “F” is the total number of days in the particular fiscal year, and “G” is the amount of any revenue that was collected on transient accommodation provided in the municipality under the destination marketing program at any time when the tax was in effect and that was received by the eligible tourism entity under the program in the particular fiscal year of the municipality. (10) At the municipality’s request, the eligible tourism entity shall give the municipality evidence, to the municipality’s satisfaction, of the amounts of revenue collected and received under a destination marketing program as referred to in the Page 14 of 15 Page 284 of 500 3 definitions of “A” and “B” in subsection (5), in paragraph 1 and subparagraph 2 v of subsection (8) and in the definition of “G” in subsection (9). (11) The deadline for paying the amount required under subsection (2) in respect of a fiscal year is 60 days after the end of the fiscal year. (12) Despite subsection (11), the municipality is not required to pay an amount to the eligible tourism entity until it has complied with a request from the municipality under subsection (10). Revenue sharing — no destination marketing program exists when tax imposed 5. (1) This section applies if a destination marketing program does not exist in the municipality on the day before the tax comes into effect. (2) For each full or partial fiscal year of the municipality that the tax is in effect, the municipality shall make one or more payments to one or more eligible tourism entities, the total of which must be at least equal to the amount determined under subsection (4). (3) Any amounts paid to an eligible tourism entity under subsection (2) shall be used by the eligible tourism entity for the exclusive purpose of promoting tourism. (4) The amount referred to in subsection (2) is 50 per cent of the amount determined using the formula, A – B in which, “A” is the revenue from the tax received by the municipality in respect of the fiscal year, and “B” is the municipality’s reasonable costs of collecting and administering the tax that are attributable to the fiscal year. (5) The deadline for paying the amount required under subsection (2) in respect of a fiscal year is 60 days after the end of the fiscal year. Requirement to enter into agreement 6. (1) The municipality and each eligible tourism entity that receives an amount under section 4 or 5 shall enter into an agreement respecting reasonable financial accountability matters in order to ensure that amounts paid to the entity are used for the exclusive purpose of promoting tourism, and the agreement may provide for other m atters. (2) For clarity, a requirement that an amount paid by a municipality under subsection 4 (2) or 5 (2) be used in a particular manner in promoting tourism is not a reasonable financial accountability matter for the purpose of subsection (1) of this section. Receipt for transient accommodation tax 7. A provider of transient accommodation in a municipality that is required to collect the tax shall include on every invoice or receipt for the purchase of transient accommodation a separate item for the amount of tax on transient accommodation imposed on the purchase, and the item shall be identified as “Municipal Accommodation Tax” or as the name of the municipality followed by “Accommodation Tax”. 8. OMITTED (PROVIDES FOR COMING INTO FORCE OF PROVISIONS OF THIS REGULATION). Français Back to top Page 15 of 15 Page 285 of 500 F-2024-24 Report Report to: Mayor and Council Date: June 18, 2024 Title: Community Improvement Program and Industrial Development Charge Exemption Incentives Recommendation(s) 1. THAT Council APPROVE staff’s recommended policy to provide a grant program for Industrial Development Charges (DC), included as Attachment 1 to this report, to maintain the current exemptions in a more flexible format outside of the DC By-Law. 2. THAT Council APPROVE staff’s recommended policy to provide a DC grant program for Community Improvement Plan areas (CIP), included as Attachment 2 to this report, to maintain the current exemptions in a more flexible format outside of the DC By-Law and until such time that the CIP programs are updated/revised to incorporate a grant component related to Development Charges. 3. THAT Council APPROVE an extension of one year to the City’s current CIP incentives expiring October 1, 2024, as per staff report PBD-2021-76, resulting in a revised expiry date of October 1, 2025. 4. THAT Council DIRECT staff to report back to Council with a finalized CIP incentive policy, inclusive of a grant program related to Development Charges in CIP areas, by October 1, 2025, for Council’s consideration. Executive Summary On May 28, 2024 City Council approved the update of the City’s DC background study and passed the City’s 2024 DC By-Law, with an effective date of July 8, 2024. The 2024 DC By-Law removed all CIP and Industrial DC exemptions previously included directly in the By-Law, with the intent to create separate policies and programs for CIP and Industrial DC exemptions, such that these exemptions could be maintained and updated or amended as necessary as standalone policies. This approach provides Staff with the flexibility to propose changes and enhancements to programs and react more easily to changes in external factors such a funding from other levels of government, without requiring a formal DC By-Law amendment. Page 1 of 16 Page 286 of 500 Staff is requesting Council approve the Industrial and CIP DC grant policies attached to this report so that existing exemptions can continue to be offered via standalone policies. Staff will report back to Council with a revised CIP policy inclusive of a DC grant component by October 1, 2025. Background The current DC By-Law includes a discretionary DC exemption added by the City for a 100% exemption for Industrial development. This is above and beyond the legislated exemption of 50% for Industrial expansion. In addition, the current DC By-Law also includes DC exemptions related to CIP areas. Staff removed both the CIP and Industrial DC exemptions from the 2024 DC By-Law that was approved by Council on May 28, 2024, with the intent of managing them via grant programs outside the DC By-Law. The Planning Division is currently in the process of reviewing of all CIP incentives offered by the City and Staff is recommending that the CIP DC grant program be included in this review. Staff intends to report back to Council with an all-inclusive CIP incentive policy that contains all CIP incentives, including CIP DC exemptions. At the same time, Staff will also provide Council with a finalized Industrial DC exemption policy for consideration. Analysis The City is required to update its Development Charges every 10 years, which includes the requirement to complete a new DC background study. Changes to the By-Law require formal by-law amendments which can be time consuming and costly, depending on the scope of the changes. Given the amount of time and effort that is required to amend the City’s DC By-Law, including potentially completing an updated DC background study, Staff stripped the discretionary Industrial and CIP DC exemptions offered in the current DC By-Law out of the 2024 DC By-Law, such that these exemptions could be maintained in standalone policies and amended or updated without the necessity to amend the City’s DC By-Law and complete an updated DC background study. By offering the City’s Industrial and CIP DC exemptions through Staff policies, versus via the DC By-Law, staff can easily update the incentives and DC exemptions offered by way of a report to Council for any recommended changes. This will allow staff to be more flexible and adaptable to changing environmental, economic, and/or financial considerations, rather than being static for the 10 year life of the DC By-Law. Financial Implications/Budget Impact All discretionary DC exemptions and incentives offered by the City need to be funded, either through discretionary reserves or through increased levy. Therefore, discretionary Page 2 of 16 Page 287 of 500 Industrial and CIP DC grant programs will need to continue to be budgeted annually and deliberated and approved through the City’s annual budgeting process. Each year, Staff will be able to monitor the intake of the City’s Industrial and CIP DC grant programs. If Staff feel that its discretionary DC grant programs need to be amended to increase intake or to tailor to meeting Council’s strategic objectives, or alternatively to limit financial exposure and set caps on DC grants, Staff can report back to Council with recommended changes to policy, quickly and efficiently. Strategic/Departmental Alignment The Industrial and CIP DC grant policies best align with the City's Strategic Priority of "Responsible and Transparent Financial Management". Contributor(s) James Dowling, Deputy Treasurer List of Attachments F-2024-24 - Attachment 1 - Industrial Development Charge Grant Program - REVISED F-2024-24 - Attachment 2 - Interim Community Improvement Plan Grant Program Written by: Matt Greenfield, Senior Financial Analyst Submitted by: Status: Tiffany Clark, Director of Finance Approved - 10 Jun 2024 Shelley Darlington, General Manager of Corporate Services Approved - 10 Jun 2024 Jason Burgess, CAO Approved - 10 Jun 2024 Page 3 of 16 Page 288 of 500 Page 1 of 3 POLICY Finance Policy #: 700.40 Issue Date: June 18, 2024 Revision Date: June 18, 2024 INDUSTRIAL DEVELOPMENT CHARGE GRANT PROGRAM 1. POLICY STATEMENT The City of Niagara Falls is committed to investing in employment and jobs. 2. PURPOSE The purpose of this policy is to ensure continuity of the City’s existing industrial use development charge (DC) exemptions, as outlined in the City’s 2019 DC Background Study. 3. SCOPE This policy applies to industrial development applications. This policy is in force commencing on the date at which the 2019 DC By-Law (By- Law 2019-69) is repealed and will remain in force until the expiry of the 2024 DC By- Law or until the City revises/cancels the program, whichever is sooner. 4. DEFINITIONS “Industrial use” means land, buildings or structures used for or in connection with manufacturing by: (a) Manufacturing, producing, processing, storing, or distributing something; (b) Research or development in connection with manufacturing, producing or processing something (c) Retail sales by a manufacturer, producer or processor of something they manufactured, produced or processed, if the retail sales are at the site where the manufacturing, production or processing takes place (d) Office or administrative purposes if they are: (i) Carried out with respect to manufacturing, producing, processing, storage or distributing of something and (ii) In or attached to the building or structure used for that manufacturing, producing, processing, storage or distribution 5. OBJECTIVES The goals and objectives of this policy are to: Page 4 of 16 Page 289 of 500 Page 2 of 3  Maintain the incentives currently provided for in the 2019 Development Charges By-Law, post by-law repeal.  Provide clarity on the industrial DC exemption incentives offered by the City so that industry stakeholders interested in taking advantage of these incentives can do so efficiently. 6. GUIDING PRINCIPLES 6.1 Development Charges Exemption Section 4(1) to (3) of the Development Charges Act currently provides for a full statutory exemption of development charges for the expansion of an existing industrial building, provided that the gross floor area is enlarged by 50% or less. If the gross floor area is enlarged by more than 50%, the amount of the development charge in respect of the enlargement is the amount of the development charge that would otherwise be payable multiplied by the fraction determined as follows: 1. Determine the amount by which the enlargement exceeds 50% of the gross floor area before the enlargement. 2. Divide the amount determined under paragraph 1 above by the amount of the enlargement. For any new industrial developments which are not exempt from DC’s as well as any industrial expansions that are enlarged by more than 50%, the City will provide for a full exemption of any net DC’s payable, provided that all of the following conditions are met: a) Submission of a signed, completed application for an exemption of development charges at the time of initial application or within 90 days of building permit issuance (if sufficient information about business occupying the space is not known at application). b) The City is satisfied with the proof that the development will or is being used for industrial use as per the definition contained within this policy. c) The applicant does not have any property tax in arrears or any other arrears or charges by the City, Region, or the Province of Ontario. 6.2 Capping The total amount of annual exemptions provided under this policy will not be capped at a specific total amount, at this time. However, the City will monitor the exemptions provided for under this program annually and may consider a cap on the total exemptions provided, on a first come first served basis in the future. 6.3 Collections Page 5 of 16 Page 290 of 500 Page 3 of 3 The purpose of this policy is to provide an exemption for qualifying industrial uses. At the time of building permit, the businesses occupying the space may not be known. As such, the City could require that DCs be collected at time of building permit issuance and a DC grant be provided once it can be demonstrated that an eligible industrial use has occupied the space. If a grant application is approved and industrial use is confirmed, the grant amount may be deducted at the time of building permit issuance, or DCs paid may be refunded upon approval of the application if it is submitted within 90 days of building permit issuance. An agreement between the applicant and the City will be signed upon application approval. This agreement will be authorized by the Treasurer. The agreement will allow the City to collect DCs should the Municipal Property Assessment Corporation (MPAC) assessment not primarily be industrial. In the event this happens, the owner must remit the difference in DCs to the municipality within 90 days of the dispute. If the owner fails to do so, the amount shall be added to the assessment roll and will be collected though taxes as provided for in section 32 (1) of the Development Charges Act. 7. RESPONSIBILITIES 7.1 Planning Division The Planning Division is responsible for:  Evaluating eligibility of applications and determining if the DC exemption should apply 7.2 Finance Department The Finance Department is responsible for:  Confirming DC exemption calculation  Verifying DC exemption program cap (if applicable) Page 6 of 16 Page 291 of 500 Page 1 of 10 POLICY Finance Policy #: 700.41 Issue Date: June 18, 2024 Revision Date: June 18, 2024 INTERIM COMMUNITY IMPROVEMENT PLAN (CIP) GRANT PROGRAM 1. POLICY STATEMENT The City of Niagara Falls is committed to supporting physical, economic and environmental improvements within specific areas across the City. 2. PURPOSE The purpose of this policy is to ensure continuity of the City’s existing Community Improvement Program Development Charge (DC) exemptions and incentives, as outlined in the City’s 2019 DC Background Study and within the City’s current Community Improvement programs. 3. SCOPE This policy applies to development applications within the City’s Community Improvement Plan boundaries, as illustrated in the Appendices attached to this policy. This policy is in force commencing on the date at which the 2019 DC By-Law (By- Law 2019-69) is repealed and will remain in force until such time that the City adopts updated Community Improvement Plans, inclusive of a DC grant program and incentives outlined in this policy. 4. DEFINITIONS “Downtown Community Improvement Plan” – geographic area as illustrated in Appendix 1. “Historic Drummondville Community Improvement Plan” – geographic area as illustrated in Appendix 2. “City Wide Brownfields Community Improvement Plan” – geographic area as illustrated in Appendix 3. “Niagara Gateway Economic Zone Community Improvement Plan” – geographic area as illustrated in Appendix 4. “Hotel/motel” means a commercial establishment offering lodging to travelers, and may include other services such as restaurants, meeting rooms and stores that are available to the general public, but does not include a dwelling unit. Page 7 of 16 Page 292 of 500 Page 2 of 10 “Industrial use” means land, buildings or structures used for or in connection with manufacturing by: (a) Manufacturing, producing, processing, storing, or distributing something; (b) Research or development in connection with manufacturing, producing or processing something (c) Retail sales by a manufacturer, producer or processor of something they manufactured, produced or processed, if the retail sales are at the site where the manufacturing, production or processing takes place (d) Office or administrative purposes if they are: (i) Carried out with respect to manufacturing, producing, processing, storage or distributing of something and (ii) In or attached to the building or structure used for that manufacturing, producing, processing, storage or distribution “Institutional development” means development of a building or structure intended for institutional development use as defined by O. Reg. 82/98. “Mixed-use building” means a building or structure used for both residential and non- residential use. “Non-residential use” means use or intended use for any purpose other than human habitation and includes, but is not limited to, an institutional use, an industrial use, a hotel/motel use and a commercial use. “Residential building” means a building used exclusively for residential use including, but not limited to, a single detached dwelling, a semi-detached dwelling, a row dwelling, stacked townhouse dwelling, back-to-back town house dwelling, a duplex dwelling, a multiplex dwelling, an apartment dwelling, or a dwelling room. 5. OBJECTIVES The goals and objectives of this policy are to:  Maintain the Community Improvement Incentives currently provided for in the 2019 Development Charges By-Law, post 2019 by-law repeal as a result of the adoption of the new 2024 DC By-Law.  Provide clarity on the types of Community Improvement Program incentives offered by the City so that industry stakeholders interested in taking advantage of these incentives can do so efficiently. 6. GUIDING PRINCIPLES 6.1 Downtown Community Improvement Area and Historic Drummondville Community Improvement Project Area Page 8 of 16 Page 293 of 500 Page 3 of 10 (a) A 75% development charge exemption for eligible residential, commercial, and mixed use developments as defined in 6.1(c) below, within the geographical boundaries as shown in Appendix 1 or 2 will be provided, subject to the development meeting all of the following conditions:  Based on the decision of the City’s Treasurer, the property taxes for the property on which the development is located are in good standing at the time of application  Based on the decision of the City’s General Manager of Planning, Building, and Development, the existing and proposed land uses for the development, are in conformity with applicable Official Plans, zoning by-law and other planning requirements at both the local and Regional level  Based on the decision of the City’s Chief Building Official, all improvements relating to the development are to be made pursuant to a building permit and constructed in accordance with the Ontario Building Code and all applicable zoning requirements and planning approvals  Based on the decision of the City’s Chief Building Official, outstanding work orders and/or orders or requests to comply with the City have been satisfactorily addressed prior to the City granting the development charge exemption (b) Further to the above requirements, the City’s General Manager of Planning, Building, and Development may require the applicant to submit for approval, professional design/architectural drawings in conformity with any municipality-issued urban design guidelines, as well as traffic impact studies or studies of microclimatic conditions (e.g. sun, shadow, wind) and such requirements must be met prior to the City granting an exemption under section 6.1 (c) Eligible developments are defined as: nonresidential or mixed use buildings; and/or residential conversion of existing non-residential and mixed use buildings that creates additional residential units; and/or new residential developments on vacant lot/lots; and/or redevelopment of mixed use buildings that creates additional residential units. 6.2 Brownfield Rehabilitation Grant (a) A residential development charge exemption for eligible costs approved under the City’s Brownfields Rehabilitation Grant program of up to 75% of the amount otherwise payable, for eligible costs defined in section 6.2(c) related to eligible developments as defined in section 6.2(d) below will be provided. The development must be within the geographical boundaries as shown in Appendix 3, subject to the development meeting all of the following conditions: Page 9 of 16 Page 294 of 500 Page 4 of 10  All properties considered eligible for the Brownfields Development Charge Exemption Program must have an approved Rehabilitation Grant Program Application and Agreement in place and must have a Record of Site Condition (RSC) filed in the Environmental Site Registry for the proposed use with said RSC acknowledged by the Ministry of Environment  Based on the decision of the City’s General Manager of Planning, Building, and Development, the existing and proposed land uses for the development, are in conformity with applicable Official Plans, zoning by-law and other planning requirements at both the local and Regional level  Based on the decision of the City’s Chief Building Official, all improvements relating to the development are to be made pursuant to a building permit and constructed in accordance with the Ontario Building Code and all applicable zoning requirements and planning approvals  Based on the decision of the City’s Chief Building Official, outstanding work orders and/or orders or requests to comply from the City have been satisfactorily addressed prior to the City granting the development charge exemption (b) Further to the above requirements, the City’s General Manager of Planning, Building, and Development may require the applicant to submit for approval, professional design/architectural drawings in conformity with any municipality-issued urban design guidelines, as well as traffic impact studies or studies of microclimatic conditions (e.g. sun, shadow, wind) and such requirements must be met prior to the City granting an exemption under section 6.2. (c) Eligible costs include only the costs of: (i) A Phase II ESA, Remedial Work Plan, and Risk Assessment not covered by the Environmental Study Grant Program or the Brownfields Tax Assistance Program; and/or (ii) Environmental remediation, including the cost of preparing a Record of Site Condition (RSC), not covered by the Brownfields Tax Assistance Program; and/or (iii) Placing clean fill and grading not covered by the Brownfields Tax Assistance Program; and/or (iv) Installing environmental and/or engineering, controls/works, as specified in the Remedial Work Plan and/or Risk Assessment, not covered by the Brownfields Tax Assistance Program; and/or (v) Monitoring, maintaining and operating environmental and engineering controls/works, as specified in the Remedial Work Page 10 of 16 Page 295 of 500 Page 5 of 10 Plan and/or Risk Assessment, not covered by the Brownfields Tax Program; and/or (vi) Environmental insurance premiums not covered by the Brownfields Tax Assistance Program. (d) Eligible developments include:  Potentially any form of residential development which is subject to a development charge, subject to such development. application meeting the requirements of this subsection  Development is in the area designated as Urban Area in the City of Niagara Falls Official Plan, as amended from time to time. o Appendix 3 illustrates the 3 priority areas, Area 1 is highest priority, Area 2 is second priority and Area 3 is the third priority (the rest of the urban area) (e) A development which is granted a 75% development charge exemption in accordance with this section is permitted for an additional 25% exemption, provided that based on the decision of the City’s General Manager of Planning, Building, and Development, the development includes Smart Growth principles utilizing the same eligibility requirements as the Region. 6.3 Niagara Gateway Economic Zone Community Improvement Plan There is already a separate Development Charges Grant Program administered under the Niagara Gateway Economic Zone Community Improvement Plan. Appendix 4 illustrates the geographical boundaries for this CIP. Please refer to section 6.4 of the CIP documentation found at the link below for more details and eligibility: Niagara Gateway Economic Zone Community Improvement Plan 6.4 Lundy’s Lane Community Improvement Plan Currently there is no DC Exemption or grant for the Lundy’s Lane Community Improvement Plan within the outgoing DC By-Law. Given the CIP programs are all being reviewed in 2024 and will eventually house the related grant and incentive programs outside of the DC By-Law, staff will be evaluating this in the upcoming CIP review. More information on the Lundy’s Lane Community Improvement Plan can be found here: Lundy's Lane Community Improvement Plan Page 11 of 16 Page 296 of 500 Page 6 of 10 7. RESPONSIBILITIES 7.1 Planning & Building Division The Planning & Building Division is responsible for:  Evaluating eligibility of applications under the CIP program and determining if the DC exemption should apply 7.2 Finance Department The Finance Department is responsible for:  Confirming DC exemption calculation  Verifying DC exemption program cap (if applicable) Page 12 of 16 Page 297 of 500 Page 7 of 10 Appendix 1 Map designating the Downtown Niagara Falls Community Improvement Project Area Community Improvement Project Area Page 13 of 16 Page 298 of 500 Page 8 of 10 Appendix 2 Map designating the Historic Drummondville Community Improvement Project Area Historic Drummondville Community Improvement Project Area Page 14 of 16 Page 299 of 500 Page 9 of 10 Appendix 3 Map designating the Areas 1 to 3 for Brownfield Improvement Community Improvement Project Area Page 15 of 16 Page 300 of 500 Page 10 of 10 Appendix 4 Map designating the Niagara Gateway Economic Zone Community Improvement Project Area Page 16 of 16 Page 301 of 500 F-2024-25 Report Report to: Mayor and Council Date: June 18, 2024 Title: White Drain Petition and Municipal Drain Analysis Recommendation(s) 1. That Council RECEIVE this report for information and; 2. That Council APPROVE the recommendation originally included in Report F- 2024-19 for a 2024 Capital Budget Amendment to create project STMS 58-24 for the White Drain Petition – Willow Road with a total budget of $95,000 (inclusive of non-recoverable HST) and; 3. That Council APPROVE that the costs associated with White Drain Petition to billed in accordance with the Drainage Act, RSO 1990 to the property owners within the watershed. Executive Summary This report outlines the historical context of the White Drain Petition, accepted by Council in July 2023, with subsequent affirmations of its validity in February 2024. The report emphasizes the legal framework provided by the Drainage Act, RSO 1990, which can permit the full costs of drain construction, maintenance, and repair to be borne by property owners within the watershed. The Drainage Act is intended to be a fair and equitable user-paid system, in which users of the system should pay for its construction and maintenance. It should be noted that property owners generally include the "Road Authority", as such if there is a municipal road then costs will be attributed to the broader tax base. If City Council chooses to override the recommendations in the Drainage Act and not charge landowners their assessed costs, the City sets a precedent that results in all City taxpayers bearing the cost of a municipal drain. A review of historical and current Drainage Act related projects within the City of Niagara Falls informs Council the rationale behind the recommendation. Precedents set by past levies and ongoing drainage initiatives emphasize the necessity of equitable funding mechanisms and adherence to legislative mandates. Providing special grants to cover capital costs for work pursuant to the Drainage Act may set precedents that contravene the Drainage Act and impose financial burdens on Page 1 of 8 Page 302 of 500 residents without commensurate gains. The logic behind the Drainage Act in which users of the system pay for the costs is no different than water rate based system, which users of the system cover the cost. These are time tested approaches in this Province to provide equity across users and non-users of systems. Below, Staff has reviewed historic and current drainage records for the purpose of informing Council of precedence of which party has borne costs in the past. In terms of the funding decision before Council tonight, Staff wish to make clear, it is not relevant how many times Council may have overrode staff's past recommendations based on best practice cost recovery relating to the Drainage Act. Staff's recommendation continues to be to follow the Drainage Act in which the residents petitioning for the drain are well aware that the costs will be borne by them. To provide relief to one user and place the burden on other non-users would be counter-intuitive - this would be similar to allocating wastewater costs to rural residents that are on a septic system. Another consideration is that if the City undertakes as a practice to cover the construction and maintenance costs of drains it would discourage the use of Mutual Drain Agreements under the Drainage Act, which are drains that are built and maintained under agreement by two or more property owners without going through a Petition process. In addition, if the City were to provide a grant to landowning benefactors, there is the concern of bonusing since the very intent of the Drainage Act is to make unproductive, undrained agricultural lands more productive for crop yields. Furthermore, there is also the concern for potential double-dipping as the agricultural landowners may be eligible for grants through agencies such as OMAFRA (Ontario Ministry of Farming, Agriculture and Agribusiness and Ministry of Rural Affairs) or potentially through their agricultural insurer. Overall the practice of covering the cost of constructing and maintaining municipal drains without a revenue source is an unstainable practice in which those that do not benefit from the drains pay for the costs of the drains. Background A petition for drainage, pursuant to the Drainage Act, was received on June 6, 2023. Council accepted the petition at its meeting of July 11, 2023 (MW-2023-21) and appointed K. Smart Associates as Drainage Engineer to determine the validity of the petition at its meeting of November 14, 2023 (MW-2023-30). Following K. Smart Associates’ assessment that the petition is valid, Council, at its meeting of February 6, 2024, instructed K. Smart Associates to prepare an Engineer’s Report to address the petition (MW-2024-04). All three reports noted, have provided an overview of the Drainage Act Petition Process, and have indicated that the cost of all work to construct maintain and repair the drain is to be borne by the land owners within the watershed, per the Drainage Act, and all three reports were carried by Council unanimously. Page 2 of 8 Page 303 of 500 At the April 30, 2024 Council meeting, Council deferred report F-2024-19, requesting that staff follow-up with more information regarding the City’s history on rural drainage work done and precedence set on which party bears the cost of the rural drainage projects. The Drainage Act serves as the legal framework for addressing drainage needs within a designated area by facilitating the construction of drains to adequate outlets. Initiated by landowners in need, the process involves petitioning the municipality, which then appoints a Drainage Engineer to assess the area and devise a construction plan, often spanning private properties and occasionally crossing municipal boundaries. Post-construction, the municipality assumes responsibility for facilitating ongoing maintenance and repairs to uphold the drain's functionality. It is broadly recommended that maintenance work be conducted every five years to sustain efficient drainage and pre-empt potential issues. Landowners hold the right to request maintenance, mandating municipal action within 45 days of such requests. The Drainage Act provides a mechanism that requires properties affected to be assessed for costs associated with design, construction, maintenance, and repairs within the drain's watershed, the Act does not require the municipality to bill the property owners but it gives the municipality authority to. In general, costs are assessed to land owners based on benefitting land area, and the assessment schedule is formed as part of the Engineer’s Report. This is effectively a user pay system which is consistent with a water and wastewater rate based system. It should be noted that municipal drains often cross municipal boundaries. Where one municipality undertakes work on a drain that serves lands in other municipalities, the initiating municipality may bill the other municipalities for the costs assessed to lands in those municipalities. The other municipalities would then bill the individual assessed landowners. Municipalities wield authority to collect drain-related costs similar to taxes, obligating all watershed landowners, including those of roads, railways, or utility corridors, to contribute. While billed to landowners, municipalities must devise upfront funding mechanisms to remunerate contractors, often achieved by allocating funds in annual operating budgets for maintenance and in capital budgets for new drain constructions or report updates. The Asset Management Section of the Engineering Department actively strategizes suitable budgetary allocations for Drainage Act-related activities. Discussions with the Drainage Superintendent’s Association of Ontario (DSAO), Niagara Chapter (Chapter 5), reveal a diverse array of funding mechanisms among member municipalities. Typically, an annual operating budget fronts maintenance costs, Page 3 of 8 Page 304 of 500 while a separate capital budget fronts expenses for new drain petition projects or report revisions. Regardless, in all relevant jurisdictions in Ontario it is common practice that all drainage-related costs are ultimately billed to landowners in accordance with the Drainage Act. Analysis The City of Niagara Falls is responsible for five municipal drains, totaling approximately 36km. The drains are summarized by Table 1 below and illustrated by Attachment 1. Drain Length (m) Young Drain 4,800 Tee Creek Drain 6,400 St. John's Marsh Drain 500 Boyer's Creek Drain 13,000 Union Marsh Drain 11,400 Staff has reviewed historic and current drainage records for the purpose of informing Council of precedence of which party has borne costs in the past. Historic Municipal Drains Levied Bylaw 80-17: Consolidated Airport Area Drainage System – Landowners charged via a special assessment. Bylaw 93-230: Tee Creek Municipal Drain – Landowners levied for $204,318 over a 10- year payment plan with interest. Bylaw 2002-26: Municipal Drain #6, Montrose Road – Landowners charged via interim levying bylaw. Bylaw 2007-17: Union Marsh Drain – Landowners to be levied for $156,231 over a 10- year payment plan with interest. Motion by Council 2007-07-23 for report MW-2007-62 that a grant be provided for private residents for works associated with the Union Marsh Drain. Current Municipal Drains to be Levied Currently the City has the following drains to be levied (note: amounts are estimated). Anything that was initiated by the City of Niagara Falls has costs to be assessed to agencies and other Municipal landowners. St. John’s Marsh Watershed  Black Creek Municipal Drain Fort Erie initiated Report Only - $3,472.00 Page 4 of 8 Page 305 of 500  St. Johns Marsh Drain Fort Erie Initiated Report and construction - $22,928.00  St. John’s Marsh Drain Niagara Falls Initiated Report and construction - $90,000.00 (recent White property petition report is in the same watershed as all of the above)  St. John’s Marsh Maintenance Request - $10,000.00  White Drainage Petition Engineer’s Report (STMS58-24) - $95,000.00 Tee Creek Watershed  Young Hoff Wagner Municipal Drain Port Colborne Initiated Report and construction - $231,812.41 (this is the same watershed to Tee Creek above By- law 93-230)  Tee Creek Drain Maintenance (STMS55-24) - $198,000.00 Boyer’s Creek Watershed  Boyers Creek Municipal Drain Niagara Falls Initiated Report and construction - $650,000.00 Union Marsh Watershed  Union Marsh Maintenance Request – Construction and Consulting estimate $650,000.00 Alternative Consideration: If Council does not want to utilize the Provincial tools provided under the drainage act, staff could review including these costs in either a levy for the rural area or another similar mechanism. There will be a number of challenges with this approach as some users will still be paying for infrastructure that they do not benefit from. If Council wants to explore this we would suggest that this application proceed forward and staff bring potential changes in the future with a phased in time period. The review period for this type of program will likely be six months or more. Operational Implications and Risk Analysis As outlined in the drainage act (section 20, 27, 28) where a drainage works is continued into or through a municipality other than the initiating municipality, the engineer may assess, all lands and roads for benefit with such proportion of the cost of the drainage works as appears just and estimate separately the cost of the drainage works within each municipality. By providing private owners a special grant to cover the capital costs for municipal drains, the City could be setting precedent that goes against being consistent with the Page 5 of 8 Page 306 of 500 Drainage Act, specifically with adjacent municipalities’ property owners that would be subject to municipal levies. The City charges residents in the urban service area, an urban service levy for drainage (storm water management), while residents outside the urban service area are not subject to this levy as they do not receive benefit. By issuing a special grant to cover Drainage Act costs, all taxpayers will need to bear the cost on their tax levy without receiving benefits. The intention of this model is to ensure fairness in benefits received in services paid by the taxpayer, similar to development charges. In addition if the City were to provide a grant to landowning benefactors, there is the concern of bonusing (per the Municipal Act, s.106) since the very intent of the Drainage Act is to make unproductive, undrained agricultural lands more productive for crop yields. Furthermore, there is also the concern for potential double-dipping as the agricultural landowners may be eligible for grants through agencies such as OMAFRA (Ontario Ministry of Farming, Agriculture and Agribusiness and Ministry of Rural Affairs) or potentially through their agricultural insurer. Finally, it is very common that benefitting landowners in a Municipal Drain also include municipalities, pipeline utilities, conservation authorities, and railways. It can naturally be expected that the City would open itself to significant challenge in relation to fairness and transparency if the intent of these benefitting landowners were also not included in the type of municipal grant program being suggested. Financial Implications/Budget Impact Staff is recommending the creation of STMS 58-24 project and a 2024 Capital Budget Amendment of $95,000 funded by External Contributions (assessed property owners in the watershed). The suggestion for the City to grant reimbursement to benefitting landowners would result in a current unfunded expense in the tax-supported budget of approximately $1,950,000. Furthermore, the precedent of this decision could very easily trigger a widespread increase in petitions under the Drainage Act, for which under the Act the City cannot unreasonably prevent from advancing. The financial implications therein would result in a significant incalculable unfunded liability to the City. Strategic/Departmental Alignment This aligns with the City’s Strategic Priority of “Responsible and Transparent Financial Management.” Contributor(s) Sue Noble, Infrastructure Services Program Supervisor James Dowling, Deputy Treasurer List of Attachments Page 6 of 8 Page 307 of 500 F-2024-25 - Attachment 1 - City of Niagara Falls Municipal Drains Written by: Sebastian Zukowski, Senior Financial Analyst Tiffany Clark, Director of Finance Erik Nickel, General Manager of Municipal Works Submitted by: Status: Tiffany Clark, Director of Finance Approved - 11 Jun 2024 Shelley Darlington, General Manager of Corporate Services Approved - 11 Jun 2024 Jason Burgess, CAO Approved - 12 Jun 2024 Page 7 of 8 Page 308 of 500 CITY OF NIAGARA FALLS AMUNICIPALDRAINS. umm u?mar'Is Page 8 of 8 Page 309 of 500 L-2024-11 Report Report to: Mayor and Council Date: June 18, 2024 Title: 2024-2025 Insurance Program Renewal Recommendation(s) THAT Council RECEIVE Report L-2024-11, 2024-2025 Insurance Program Renewal for information; THAT Council APPROVE the 2024-2025 Comprehensive Insurance Program from Intact Public Entities Inc. (IPE); THAT Council AUTHORIZE the City Solicitor to execute the necessary documents with IPE for the provision of Comprehensive Insurance Services for the period July 1, 2024 - June 30, 2025 in the amount of up to approximately $2,138,644.00 plus applicable taxes. Executive Summary The City's insurance program operates on an annual basis, which is renewable on July 1st of each year. The current coverage expires on June 30, 2024 and staff have reviewed the existing program for adequacy of coverage and recommends the City renew. The insurance program will be effective July 1, 2024 to June 30, 2025. The proposed annual premium of up to $2,138,644 is an increase of 6.97% or $139,359 from the previous year’s premium of $1,999,285. The primary driver of the premium increase for the 2024-2025 year is related to increases in the City’s owned physical asset values during a Statement of Value comparison review between IPE and the City. In 2023-2024, the City insured assets totaling approximately $238,788,352, including buildings, structures, and contents and in 2024-2025 this amount increased to $306,110,626. Background The City requires an insurance program to mitigate potential liabilities incurred during the performance of its many services and responsibilities. On an annual basis, staff performs a review of the rates charged and the coverages provided for adequacy and completeness. The City has performed these reviews during this process. A supplementary Closed Session report (Report L-2024-10) has been included on this subject. Page 1 of 4 Page 310 of 500 Analysis The municipal insurance market is beginning to stabilize with pricing and capacity improving in the first half of the year. This means an increased appetite and more favourable rates for those municipalities with good loss history and pricing has remained mostly in the single digit range across municipalities. This is a positive improvement over the previous few years during the hard market. Financial Implications/Budget Impact The insurance program is reviewed and renewed annually to ensure that the coverages are sufficient and that the City municipal assets are properly valued in the program. The insurance program covers a one year period from July 1, 2024 to June 30, 2025. The cost of the City’s insurance program has increased from $1,999,285 (2023/2024) up to $2,138,644 (2024/2025). The year-over-year increase is $139,359 or 6.97%. The primary policies are General Liability, Property and Auto insurance. The primary driver of the premium increase is related to an increase in the City’s insurable values assigned to building assets, thereby impacting the property policy premium. During this year’s insurance renewal, a new request was made by IPE requiring the City to complete a Statement of Values (SOV) comparison review of the City’s contents, equipment and buildings on file with IPE. The SOV was a mandatory requirement prior to IPE binding property coverage for the City. In March 2020, IPE together with the City conducted property risk inspections at 12 City facilities. IPE inspections offer a first-hand examination of properties and can capture the key data points that affect value. However, market and industry trends can make it difficult to maintain accurate valuations. In addition, not all buildings may have had a recent inspection. Staff from Finance and Asset Management conducted an extensive comparison review of the City’s listed values against IPE’s values shown in the SOV. When IPE compared the City’s revised listed values in the amount of $359,446,683 against their values on file of increase an in resulting higher, were values City’s the that revealed it approximately $100 Million Dollars to the City’s overall property values. IPE noted the City increased building values to the 12 facilities reviewed by IPE in March 2020, and in particular, the Gale Centre and MacBain Community Centre. Given the large increase of $100 Million Dollars to the City's property limits, City Staff requested IPE to reevaluate the replacement costs for those selected buildings that had large increases proposed by the City. IPE indicated they would reevaluate their values against the new values suggested by the City. When IPE completed their reevaluation of the replacement cost (not market value) for those selected buildings the total insured value for property limits dropped from $359,446,683 to $306,110,626 thereby lowering property values from approximately $100 Million Dollars to $67 Million Dollars. Page 2 of 4 Page 311 of 500 Property values increased from $238,788,352 (2023/2024) to $306,110,626 (2024/2025). The proposed annual property premium of $252,878 is an increase of 35.2% or $65,801 from the previous year’s premium of $187,077. The additional $67 Million Dollars of property values increased the City’s overall insurance program premium by 3.3%. For the first half of 2024, the insurance industry is beginning to show signs of stability as insurers are offering favourable pricing and capacity to take on risks is improving. This is a positive improvement over the previous 4 years of a hard market with high rates, restrictive terms and less competition. Stability in these market conditions is important. First, the stability of the insurer, IPE. Because of IPE’s diligent underwriting practices in the past, when hard markets hit, IPE clients, including the City, do not see excessive swings in premiums that other municipalities might experience. Secondly, good risk and claims stable to lead ultimately more the of practices municipality management premiums over time. This is true of the City of Niagara Falls and is evident in the City’s premium history as follows: Policy Year Total Premium Increase 2019-2020 +4.10% 2020-2021* +12.54% 2021-2022* +12.66% 2022-2023* +12.70% 2023-2024* +8.66% 2024-2025 (current) +6.97% *(hard market) Double digit premium increases in the high teens to low twenty’s have been typical for Canadian municipalities for the past 4 years of hard markets, however the City remained more favourable in the low teens and single digits. In accordance with the Procurement By-Law, insurance premiums are exempt from the formal procurement process thereby permitting the City to negotiate renewal terms with the current provider. As the renewal insurance policy increase premium is approximately 7%, Staff anticipate a favourable budget variance at year end of approximately $40,500 or 1.74%. Risk staff will undertake a review of strategies to look to ensure that we are undertaking the right risk profile for the premiums and will prepare options for staff and Council to consider prior to the end of the year. Page 3 of 4 Page 312 of 500 Strategic/Departmental Alignment The City’s municipal insurance renewal program best aligns with the City’s Strategic Priority of “Financial Sustainability.” Insurance reduces liability and property exposures. The City's insurance portfolio supports long-term financial sustainability and fiscal responsibility by providing protection against financial loss of assets including buildings, structures, contents, equipment and vehicles. Insurance also provides protection for negligent acts attributed to employees, Council Members, and volunteers while conducting their activities as directed by the City of Niagara Falls. Contributor(s) Matt Greenfield, Senior Financial Analyst, Corporate Services, Finance Written by: Janet McQuay, Risk Manager Page 4 of 4 Page 313 of 500 PBD-2024-22 Report Report to: Mayor and Council Date: June 18, 2024 Title: Council Education Session on City's Housing Strategy Recommendation(s) 1. Council receive PDB-2024-22 and the attached presentation for information. Executive Summary Council has requested a presentation on the City’s 2022 Housing Strategy, which provided an overview of housing need in the City, set a 40% affordability target for all new housing, and presented a strategy to achieve that target. The presentation attached as Appendix 1 to this report is to be presented at the June 18, 2024, meeting outlines how the target was arrived at, what does it mean and how it is being implemented and monitored by City staff. The presentation also provides an update on the implementation of the Housing Strategy’s 21 action items to date. Background At the Council meeting held on April 9, 2024, Council passed the following motion relative to the City’s 2022 Housing Strategy, seeking an opportunity for the education, information and discussion of Council: THAT Council review the Housing Strategy Report for the education, information and discussion of Council. City of Niagara Falls Housing Strategy and the 40% Target In June 2021, Council (through PBD-2021-20) was presented with the results of the Housing Needs and Supply Report, which was the first phase of the City’s Housing Directions Study. The Report provided a comprehensive understanding of the city’s housing market and key housing issues, while assessing the city’s present and future unmet housing demand, with an emphasis regarding the housing continuum. The Housing Needs and Supply Report also recommended that Niagara Falls set a 40% affordability target for all new housing. A 40% affordability target was chosen due to the large percentage of households in core housing need, along with the city’s large Page 1 of 25 Page 314 of 500 service and hospitality sector workforce whose incomes are relatively modest. A household is in core housing need:  if the dwelling is too expensive given the household budget (more than 30% of total household income).  if the dwelling does not meet the household’s need.  if the dwelling is in a major state of disrepair and there is no alternative housing that could be found within its budget. In March 2022, Council (through PBD-2022-18) was presented with the second phase of the Housing Directions Study, being the Housing Strategy. The Housing Strategy provided a broad range of options to meet the full spectrum of community housing needs. The Housing Strategy built upon the findings of the Housing Needs and Supply Report and recommended 21 actions items to encourage, support and permit the development of a broader mix and range of housing options to meet current and future demand. Further the Strategy presented short, medium and long term policy directions to the in shown be will which housing affordable 40% the achieve help target presentation. Housing Impact Statement To help address and implement the Housing Strategy’s land use recommendations, Council adopted OPA 149. OPA 149 introduced the following changes to the Official Plan: A new Growth objective in Part 1- Section 2 related to the increasing the supply of affordable housing. To increase the supply of affordable housing options in the City and aim to achieve an annual target of 40% of all new housing. Staff are actively tracking and monitoring housing construction activity in order to measure compliance with the housing targets of the Niagara Region Official Plan.  The provision of affordable and attainable housing as an assessment criteria for property acquisition, investment and public/private partnerships and the sale of surplus land.  Updated policies to provide opportunities for the creation and monitoring of second units and to bring them into conformity with the Planning Act. To conform to O.Reg. 299/19 to the Planning Act, Policy 4.12.1 was amended to now state that a total of three dwelling units may be permitted on one property. A land owner may now have three residential units in a dwelling, or two units in a dwelling with an additional residential unit in an accessory building. Accessory dwelling units are permitted within singles, semi-detached and townhouses subject to the lot being sufficiently sized to accommodate adequate parking, green space and amenity area for both the principal dwelling and the accessory dwelling unit(s). Page 2 of 25 Page 315 of 500  Clearly defined the City’s role and responsibility in supporting housing affordability.  To help assess the affordability of new housing, OPA 149 Policy 4.4 requires the submission of a housing impact statement for planning applications that create new residential units. The housing impact statement can be in the form of a standalone report for large scale projects or as a section within a planning justification report for small scale projects demonstrating how the proposal implements the City’s Housing Strategy. This includes a breakdown of the type of housing and unit breakdown and expected rents or sales prices. This information is now included in staff reports on development applications to Council. It is noted that development applications received prior to the approval of OPA 149 are not required to provide this information, although voluntary provision is encouraged by staff. The presentation will explore this topic in more detail.  Through Policy 4.8, the City has set an annual target of 40% of all new units meeting the definition of “affordable”. In this regard, the City will aim to achieve a minimum of 270 units to be built annually between 2021 and 2051 and beyond as affordable. The 270 units can be broken down as 135 units per year to be built with a purchase price or rental price at or below the identified threshold for affordable in accordance with Niagara Region’s definition of affordable. The other 135 units per year to be built as rental units that would be affordable to rental households in the 30th income percentile or lower. Housing Accelerator Fund Application As Council is aware, pursuant to Report PBD-2024-13 dated April 9, 2024, the City was not successful in its application for $45.2 million to construct 1,668 HAF incented units in three years and 9,660 HAF incented units in ten years, and to implement several of the Housing Strategy action items within the next three years. On April 2, 2024, Prime Minister Justin Trudeau announced a top-up of the Housing Accelerator Fund with an additional $400 million, which will permit more municipalities to participate in this initiative. Staff are awaiting the release of information on this top-up program and are in regular contact with our CMHC representative, with the intent to extend or resubmit the City’s application. Analysis Housing, generally, can be thought of as existing along a continuum, where supply responds to the demands of a community and the market provides a broad variety of options for residents of various means and needs. The housing continuum (Figure 1) is described as the full range of housing options an individual may need over their lifetime within their community and includes emergency housing, social housing, affordable rental and housing rental market affordable ownership market housing, housing, homeownership. The housing continuum also supports aging in place. Page 3 of 25 Page 316 of 500 Ultimately, the City’s Housing Strategy seeks to broaden the housing supply in Niagara Falls across the housing spectrum, as a significant component of the City’s existing housing stock (66% in 2021) is single detached homes. While suitable for families, single detached housing does not meet the demonstrated need for a more diverse range and mix of housing options and densities to meet resident’s increasing needs. Figure 1: Housing Continuum As part of the City’s existing two-tier governance structure, Niagara Region is the Service Manager when it comes to the provision of homeless and emergency shelters, and transitional and social housing. With respect to income, these households would be in the lowest three income deciles As Niagara Region provides these services, the City’s Housing Strategy is focused on the homeownership and rental market component of the housing continuum and would be directed towards those households in the three moderate income deciles. Those income deciles are defined as ranging from $64,800 to $103,572 annually in 2022 dollars. Housing Affordability and the 40% Affordability Target Page 4 of 25 Page 317 of 500 Accordingly, the Housing Strategy seeks to deliver on both the affordable and market components of the homeownership and rental markets and is directed primarily towards medium income households. A medium income household in Niagara Falls is a household in the 4th, 5th, or 6th income decile earning between $64,800 to $103,572 annually in 2022 dollars. At a high level, a housing unit is determined to be ‘affordable’ to households if ownership or rental housing costs are less than 30% of a household’s total income. More specifically, the proposed Provincial Planning Statement defines ‘affordable’ in the case of home ownership, the least expensive of:  Housing for which the purchase price results in annual accommodation costs which do not exceed 30% of gross annual household income for low- and moderate-income households.  Housing for which the purchase price is at least 10% below the average purchase price of a resale unit in the city. In the case of rental housing, ‘affordable’ is defined as the least expensive of:  A unit for which the rent does not exceed 30% of gross annual income for low and moderate incomes.  A unit for which rent is at or below the average market rent of a unit in the municipality. Based on the above, in Niagara Falls in 2022, the maximum house price that a moderate income household (not surpassing 30% of their income) could reasonably afford ranged from a low of $337,000 to a maximum of $539,000. Given the high cost of housing, only a new condominium apartment unit (not including condo fees) would be affordable to a moderate income household in the 6thdecile. Taking into consideration the large percentage of households in core housing need along with the City’s large service and hospitality sector workforce earning modest incomes, the Housing Strategy sets a 40% affordability target for all new housing. A 40% affordability target means that 40% of all new built housing would be affordable to households annually earning $103,572 or less. The Niagara Region assigned the City an annual housing forecast of 674 housing units in 2022, which translates into the construction of approximately 270 housing units that are ‘affordable’ per year. With the City’s 2023 Housing Pledge to the Province committing to the annual production of 800 new housing units to the year 2031, the 40% affordability target subsequently increased to 320 units annually. In second half of 2023, (when City staff started to track ‘affordability’ of new units), approximately 97.5% of the townhome and apartment new building construction could be categorized as affordable for moderate income households. As mentioned in our quarterly housing reports, 'affordability' is estimated based on the value of a construction permit for a new housing unit as submitted by the builder. As of January 2024, Building staff have been using construction values provided by the Page 5 of 25 Page 318 of 500 Ontario Large Municipalities Chief Building Officials (OLMCBO) as those construction values are more accurate and realistic than in the past. While more accurate, OLMCBO construction permit values will not account for the cost of land which adds to the overall cost of housing. With that being said, the use of OLMCBO value does allow staff to better assess the affordability of new housing that is being introduced to the market. Nonetheless, the value of the new housing unit on the building permit will not necessarily equate to what the new housing unit will be sold for on the open market. It is important to note that this target is measured City wide and as such every proposed development is not required to provide units that are ‘affordable’ that contribute to the target. With that being said, there may be some proposed developments that may offer 100% units that would then offset those developments that do not provide an affordable housing unit option. Through the requirement of a housing impact statement each development may be able to contribute to the 40% target. This target is monitored annually and would also factor in any City's own surplus properties that offer affordable units and would factor accessory dwelling units as being affordable given their nature. Council allocated funding through the 2024 operating budget for consulting services to prepare an Affordable Housing Community Improvement Plan (CIP) that will serve to incentivize the construction of affordable housing. it is anticipated that this work will commence in the second half of 2024. Development Charges Act, 1997: Implementing the Affordable Residential Unit Exemption The More Homes Built Faster Act (Bill 23) identified a development charge exemption for Affordable Residential Units. This exemption was subsequently revised through Bill 134, Affordable Homes and Good Jobs Act, 2023, which received Royal Assent on December 4, 2023. The Province recently announced that Section 4.1 “Exemption for affordable and attainable residential units” was proclaimed in its entirety on June 1, 2024. The exemption is summarized as follows: • Affordable Rental: Where the rent is no greater than the lesser of the income based affordable rent set out in the Affordable Residential Units Bulletin and the average market rent identified in the Affordable Residential Units Bulletin. • Affordable Owned Unit: Where the price of the residential unit is no greater than the lesser of the income-based affordable purchase price set out in the Affordable Residential Units Bulletin and 90% of the average purchase price identified in the Affordable Residential Unit Bulletin. In examining the Affordable Residential Units Bulletin released by the Province, an affordable purchase price of a house in Niagara Falls is $319,800 and affordable monthly rent of a 1 bedroom apartment unit is $1,200. An individual would be hard pressed to find a housing unit available for purchase in Niagara Falls under $319,800. Accordingly, DC exemptions would therefore only be available for units sold for 90% of $319,800, or less. (i.e. $287,820). Page 6 of 25 Page 319 of 500 Implementation of the Housing Strategy to Date The Housing Strategy, in the form of 21 recommended actions grouped into 6 themes and outlined below, is the blueprint that City is following to help address its housing needs and gaps. Staff also provide commentary as to the status of the each action item. Theme 1: Establish affordable housing targets.  Update the City`s Official Plan to include affordable housing target(s). (Addressed through OPA 149)  Update the City`s Official Plan to include a framework for achieving the housing target(s). (Addressed through OPA 149) Theme 2: Promote a greater diversity of dwelling types  Support and permit higher density types of housing. (Will be addressed through new Official Plan)  Support and permit alternate forms of housing. (i.e. backyard house designs, approval of cottage lots for smaller housing in Grand Niagara) (currently underway)  Provide opportunities for the creation and ongoing monitoring of second units. (currently underway) Theme 3: Ensure a healthy supply of rental units  Preserve existing purpose-built rental housing stock through the introduction of demolition and conversion control policies. (Completed through OPA 149)  Undertake a formal assessment of the potential to introduce Inclusionary Zoning. (Work will start if the City receives Housing Accelerator Funding support)  Explore the formalization of the use of motels as long term stay accommodation. (The Short Term Occupancy study is being finalized and will be presented to Council late in 2024)  Theme 4: Increase public education and provide advocacy for partnerships.  Develop an understanding of upper-level government housing programs (federal and provincial). (Ongoing through regular touchpoints with City’s CHMC representative)  Clearly define the City`s role and responsibility in supporting housing affordability. (Completed through OPA 149) Page 7 of 25 Page 320 of 500  Develop a policy to review all surplus municipal land for housing suitability.) (Work will start if the City receives Housing Accelerator Funding support)  Create a database of non-profits and other community groups with land suitable for housing. (Work has yet to commence)  Explore private workforce housing for hospitality and tourism employees. (Work has yet to commence)  Create an affordable housing information online portal. (Work has yet to commence)  Reduce potential for NIMBYism associated with affordable housing projects. (Work has yet to commence however, third party appeal restrictions through Bill 185 may reduce NIMBYism.) Theme 5: Provide a variety of financial incentives to promote and facilitate the development of affordable and rental housing.  Review possible exemption to City fees and property taxes to support new long term affordable housing. (Work has yet to commence)  Develop a City wide Community Improvement Plan for affordable rental housing. (Work is anticipated to commence in second half of 2024)  Allocate appropriate staff resources to administer the Strategy and associated actions. (Housing Accelerator Funding will assist in this action item) Theme 6: Monitor and Report  Develop a monitoring program for second units (accomplished through the Quarterly and Annual Reporting to Council on development activity)  Develop an annual housing and affordable housing monitoring and reporting system to Council. units. (accomplished through the Quarterly and Annual Reporting to Council) It is noted that is not a static document and staff will continue to improve the metrics on housing development and affordability that we track.  Review and update the Housing Strategy every 5 years. (Scheduled to be undertaken in 2027/28) Staff will investigate a possible updating of the Housing Strategy to align with the DC bulletin and the definition of affordable to better align with Provincial reporting. Page 8 of 25 Page 321 of 500 Operational Implications and Risk Analysis Staff will continue to implement the recommendations of the 2022 Housing Strategy, with the staff and funding resources currently available. Planning staff are actively working on the Backyard House Design project, which will ultimately offer pre-approved permit ready additional dwelling unit (ADU) designs, thereby reducing the cost and time required to construct an ADU. The development of the Park Street site will result in 40% affordable units where appropriate. Financial Implications/Budget Impact There are no direct financial implications arising from this report. Strategic/Departmental Alignment Implementation of the Housing Strategy is consistent with Council’s strategic objectives of Sustainability and Economic Diversification and Growth. List of Attachments Housing Strategy Presentation Written by: Brian Dick, Manager of Policy Planning Submitted by: Status: Andrew Bryce, Director of Planning Approved - 11 Jun 2024 Kira Dolch, General Manager, Planning, Building & Development Approved - 11 Jun 2024 Jason Burgess, CAO Approved - 12 Jun 2024 Page 9 of 25 Page 322 of 500 Niagara Falls Housing Strategy Page 10 of 25Page 323 of 500 Context: Housing Directions Study (2021) •Provided a comprehensive understanding of the housing market and key housing issues. •Assessed the City’s present and future unmet housing demand. •Identified that there is a large percentage of households in core housing need given the City’s large service and hospitality sector workforce •Recommended that the City set an affordability target for all new housing that was higher than Niagara Region’s 25%.Page 11 of 25Page 324 of 500 Context: Housing Strategy (2022) •Proposed 21 Action Items grouped under 6 themes: •Establish an affordable housing target. •Promote a greater diversity of housing types. •Ensure a healthy supply of rental housing units. •Increase public education and provide advocacy for partnerships. •Provide financial incentives to promote the development of affordable and rental housing. •Monitor and report. •Overall, the Strategy encourages, supports and permits the development of a more diverse mix and range of housing options to meet the City’s current and future demand. Page 12 of 25Page 325 of 500 Housing Continuum Housing Strategy Can ImpactPage 13 of 25Page 326 of 500 ‘Affordable’ as defined in new 2024 PPS Home Ownership In the case of ownership housing, the least expensive of: •Housing for which the purchase price results in annual accommodation costs which do not exceed 30 % of gross annual household income for low and moderate income households •Housing for which the purchase price is at least 10 % below the average purchase price of a resale unit in the city. Rental Housing In the case of rental housing, the least expensive of: •A unit for which the rent does not exceed 30% of gross annual income for low and moderate income households •A unit for which the rent is at or below the average market rent of a unit in the municipality. Page 14 of 25Page 327 of 500 40% Housing Target Breakdown Page 15 of 25Page 328 of 500 40% Affordability Target What does it mean? •It is a target that is measured City wide, not application specific. •Not every development needs to include affordable units and contribute to the target. •It is a target that the City aims towards. The City may exceed or fall short of the target on a given year. •A submitted housing impact statement in support of development applications must address why or why not. •With the target, proponents start to think about how they could address it in their proposed developments.Page 16 of 25Page 329 of 500 How Do We Access Affordability? Annual Household Income Affordable Ownership Price $103,572 and above $539,460 $84,132 and above $438,660 $64,800 and above $337,284 $48,924 and above $254,664Ownership Page 17 of 25Page 330 of 500 Development Charges Implementing the Affordable Unit Exemption •The More Homes Built Faster Act (Bill 23) identified a development charge exemption for Affordable Residential Units. •Exemption was subsequently revised through Bill 134, Affordable Homes and Good Jobs Act, 2023. •Exemption is summarized as follows •Affordable Rental: Where the rent is no greater than the lesser of the income based affordable rent set out in the Affordable Residential Units Bulletin and the average market rent identified in the Affordable Residential Units Bulletin. •Affordable Owned Unit: Where the price of the residential unit is no greater than the lesser of the income-based affordable purchase price set out in the Affordable Residential Units Bulletin and 90% of the average purchase price identified in the Affordable Residential Unit Bulletin. •Affordable Residential Units Bulletin states an affordable purchase price of a house in Niagara Falls is $319,800 and affordable monthly rent of a 1 bedroom apartment unit is $1,200.Page 18 of 25Page 331 of 500 Action Items Status Update Establish Affordable Housing Targets Action 1: Update the City’s Official Plan to include Affordable Housing Target(s) Status: Completed (OPA 149) Action 2: Update the City’s Official Plan to include a framework for achieving the Affordable Housing Target(s) Status: Completed (OPA 149)Page 19 of 25Page 332 of 500 Promote a Greater Diversity of Dwelling Types Action 3: Support and permit higher-density types of housing Status: Will be addressed through new Official Plan Action 4: Support and permit alternate forms of housing Status: Ongoing & HAF initiative Action 5: Provide opportunities for the creation and ongoing monitoring of second units Status: Ongoing & HAF initiativePage 20 of 25Page 333 of 500 Ensure a Healthy Supply of Rental Units Action 6: Preserve existing purpose-built rental housing stock through the introduction of demolition and conversion control policies as well as a rental replacement by-law Status: Completed (OPA 149) Action 7: Undertake a formal assessment of the potential to introduce Inclusionary Zoning Status: HAF Funding initiative Action 8: Explore the Formalization of the use of Motels as Long-term Stay Accommodation Status: Ongoing, Report to Council Fall 2024Page 21 of 25Page 334 of 500 Increase Public Education and Provide Advocacy for Partnerships Action 9: Develop an understanding of upper-level government housing programs (regional, provincial, federal) Status: Ongoing Action 10: Clearly Define the City’s Role and Responsibility in Supporting Housing Affordability Status: Completed (OPA 149) Action 11: Develop a policy to review all surplus municipal land for housing suitability Status: HAF Funding initiative Page 22 of 25Page 335 of 500 Increase Public Education and Provide Advocacy for Partnerships Action 12: Create a database of non-profits and other community groups with land suitable for housing Status: Work has yet to commence Action 13: Explore private workforce housing for hospitality and tourism employees Status: Work has yet to commence Action 14: Create an affordable housing information online portal Status: Work has yet to commence Action 15: Reduce potential for NIMBYism associated with affordable housing developments Status: Work has yet to commence, however third party appeal restrictions through Bill 185 may reduce NIMBYism.Page 23 of 25Page 336 of 500 Provide Financial Incentives to Affordable & Rental Housing Action 16: Review possible exemptions to City fees and property taxes to support the provision of new long-term affordable housing Status: Work has yet to commence Action 17: Develop a City-wide Community Improvement Plan for Affordable Rental Housing Status: Work is anticipated to commence in second half of 2024 Action 18: Allocate Appropriate Staff Resources to Implement and Administer the Housing Strategy and Associated Actions Status: HAF initiativePage 24 of 25Page 337 of 500 Monitor and Report Action 19: Develop a monitoring program in the medium to long term for Second Units Status: Ongoing Action 20: Develop an annual housing and affordable housing monitoring and reporting system to Council Status: Ongoing (Quarterly and Annual Reporting) Action 21: Review and update the Housing Strategy every 5 years Status: Budgeted as a 2027 initiativePage 25 of 25Page 338 of 500 R&C-2024-09 Report Report to: Mayor and Council Date: June 18, 2024 Title: Gale Centre Junior Club Agreement Report Recommendation(s) 1. THAT Council APPROVE the extension of the existing agreements with the Jr A and Jr C teams for one (1) year with the same financial terms. This extension will allow Council to fully evaluate the cost saving alternatives being developed by staff at this time. 2. As an alternative to a direct financial subsidy, THAT Council DIRECT staff to issue an RFP or RFI for the advertising rights in both arenas as well as concession rights at Chippawa Arena. The goal of this process would be to provide an alternative funding mechanism for the Junior teams while minimizing the cost of the existing users and or the taxpayers. 3. That the Mayor and Clerk BE AUTHORIZED to execute the extension agreements. Executive Summary the that recommending 2024, 30, April on Council to report a presented Staff agreements with the Junior A Canucks and the Junior C Riverhawks be extended for one (1) year with the same financial terms. Council deferred the report and asked staff to report back with more information on options to support the Junior teams. Background In the last report, staff identified the six (6) tenant organizations that operate out of the Gale Centre. Staff work to support all our youth tenants in several ways; by providing office dedicated have teams (Junior charge space at space storage and no changerooms, additional office and storage space), by helping promote their programs and services and working with those that host tournaments. The Gale Centre & Chippawa Arena are hosts to many tournaments and special events throughout indicates Canucks the from year. The the several proposal potential tournaments that could be hosted at the Gale Centre in the future. Staff are always interested in discussing potential tournaments, especially when they don’t impact the regular fall/winter season for our tenant organizations. We are currently at capacity during the fall/winter season and new tournaments only take place if an existing Page 1 of 10 Page 339 of 500 tournament cancels, opening an opportunity for a new event. Staff receive calls about new events quite frequently, but we limit the number of weekend tournaments so that our youth tenant organizations aren’t impacted and have enough weekends to operate their seasonal leagues and programs. Current Tournaments Hosted in Arenas  Fall/Winter tournaments: 28 total tournaments, 19 taking place on weekends.  Spring/summer tournaments: 8 total tournaments. The existing grant amount is based on past advertising revenue (which is not reflective of today's revenue earned) and not the potential economic impact of events hosted by the tenant organizations, or the amount of ice time booked. The chart below indicates the cost of ice incurred by each organization. To measure economic impact, the number of hours must be used as a factor. The total outlined below for the Jr. Aand Jr. C teams is prior to the application of our funding grant. Organization 2023 Spring/Summer 2023-24 Fall/Winter Total Junior A Canucks $6,154 $20,157 $26,311 Junior C Riverhawks $2,353 $24,112 $26,465 NF Ringette $183 $47,051 $47,234 NF Skating Academy $21,025 $43,022 $64,047 NF Girls Hockey $723 $126,152 $126,875 NF Minor Hockey $13,847 $413,923 $427,770 When you consider the general support provided to the user groups, the amount of subsidy per player on a junior team far exceeds the amount of support provided to all other user groups, or in other words the taxpayer subsidizes the junior player far more than they do any other user group. Tournaments are part of the above ice costs. To provide a bit of context to the size of the tournaments hosted by our tenant organizations, here is a short list of fall/winter tournaments with details: Organization Tournament Number of Teams Niagara Falls Ringette NF Ringette Tournament 80 teams Niagara Falls Girls Hockey Niagara Rapids Fall Classic 80 teams Niagara Falls Minor Hockey Pete Mancuso Tournament 120 teams Niagara Falls Minor Hockey Al Boone Classic 60 teams Niagara Falls Minor Hockey Novice Jamboree 50 teams Niagara Falls Minor Hockey U9 Breakaway Tournament 75 teams Niagara Falls Minor Hockey Ange Giajnorio Tournament 100 teams Page 2 of 10 Page 340 of 500 The number of teams will generally indicate the size of the economic impact to the City. Minor sports tournaments also generally have more attendees as families generally attend. Staff have again included a review of other Junior teams and the level of support provided to them by their municipality (OJHL Team Support Survey - Attachment 1, PJHL Team Support Survey – Attachment 2). Staff continue to believe that the support provided to the Junior teams in Niagara Falls is above what most, if not all teams receive, especially when comparing within that same level of hockey. Analysis There are several options available to Council to provide support to the Junior teams. Currently, the City receives $35,000 in net sponsorship revenue and there is limited staff time involved in supporting the third-party provider. The $35,000 currently offsets costs for all ice users. The Junior teams and other tenant organizations have great community support. By providing them with the opportunity to be directly rewarded for sponsorship, they could see a significant source of revenue achieved. Staff are providing a list of potential options for consideration. Recommended Option:  The grants of $60,000 and $20,000 can continue for 1 year and then after further discussions with the users on the potential for them to utilize advertising and Chippawa concession rights - report back if there is a method to fund the ice users with these assets. Arena Advertising  The arena board advertising opportunity can be offered to our youth tenants beginning in November 2025 when the existing agreement ends with the third- party advertiser. To provide a bit of context of the possibilities, there are some figures below. The figures below are estimates only and doesn’t include the work required to sell and the cost to produce the advertising material. Board Advertising  Rink #1 – 70 spaces ($1,200-$1,500 per ad, per year)  Rink #2 – 35 spaces ($1,200-$1,500 per ad, per year) o 35 spaces based on rink seating, viewable from stands.  Rink #3 – 35 spaces ($1,200-$1,500 per ad, per year) o 35 spaces based on rink seating, viewable from stands.  Rink #4 - 35 spaces ($1,200-$1,500 per ad, per year) o 35 spaces based on rink seating, viewable from stands.  Chippawa Arena – 32 spaces ($1,200-$1,500 per ad, per year) o 32 spaces based on rink seating, viewable from stands.  Total potential revenue- $248,400 per year Ice Logos  Rink #1 – 8 spaces ($1,500-$2,000 per logo, per year)  Rink #2 – 10 spaces ($1,500-$2,000 per logo, per year)  Rink #3 – 10 spaces ($1,500-$2,000 per logo, per year)  Rink #4 – 10 spaces ($1,500-$2,000 per logo, per year) Page 3 of 10 Page 341 of 500  Chippawa Arena – 12 spaces ($1,500-$2,000 per logo, per year)  Total potential revenue - $75,000 per year Zamboni Wrap  5 available – ($4,000-$5,000 per Zamboni, per year)  Total potential revenue - $20,000 per year Wall & Window  Wall space - significant wall space available in each of the 5 pads ($15,000- $20,000 per rink, per year)  Window space – Staff have identified many window decal opportunities at the Gale Centre and Chippawa Arena ($5,000 - $10,000 per rink, per year)  Total potential revenue - $20,000 per year Current Arena Advertiser - Nustadia  The existing third-party advertising company is willing to work with the youth tenants at the Gale Centre to share the revenue for any business brought by the user group. This opportunity exists now.  For example, a board ad in rink #1 costs the advertiser $1,500 per year. If the team brings the advertiser to Nustadia, they are willing to give $300-$400 back to the team per board ad. Opportunities also exists for other advertising such as ice logos, Zamboni wraps etc. Chippawa Arena Concession  The existing Chippawa Arena concession is vacant, a youth tenant could operate the concession for a profit.  The utilization at Chippawa Arena is between 85%-90% when the facility is open so there certainly is an opportunity for revenue.  Chippawa Arena can also be licensed with a special occasion permit which is another opportunity for revenue, especially during adult tournaments. Gale Centre Concession  The existing concession operator at the Gale Centre is willing to work with the 2 Junior clubs in a few ways: o The concession operator is willing to host a few events per year with each Junior club at a reduced cost. For example, if one of the teams host an event in the Memorial Room for 150 people and the team charges $20.00 per person, and the actual cost to the concession operator is $13.00 per person, there is potential revenue of $1,050 per event. o During the 14 years of Junior hockey at the Gale Centre, there were years that the Junior B team had deep playoff runs with high attendance. The concession operator would be willing to share a percentage of revenue Page 4 of 10 Page 342 of 500 with the team if they reach a certain level of overall revenue to be discussed with the team. Gale Centre Memorial Room & Dry Floor Events  Gale Centre Memorial Room o The Memorial Room at the Gale Centre seats two hundred people and is available at no charge to the youth tenants at the Gale Centre to host meetings and events. o The Junior teams are welcome to host events such as trivia nights, silent auctions etc. to increase revenue for their teams.  Gale Centre & Chippawa Arena Dry Floor Events o During the summer months (May-August), the ice is removed in one rink at the Gale Centre and at Chippawa Arena. The dry floor can be available to the Junior teams at no charge to host events such as ball hockey tournaments, used hockey equipment sales and any other creative ideas they can produce to generate revenue. Kiosk for Team Apparel Sales The City will use internal carpentry resources to build a kiosk for the teams to sell merchandise out of in order to provide a funding opportunity. Alternative Option - Continue to provide a direct financial subsidy to the Junior teams. Council can set the amount and terms of the agreement. Financial Implications/Budget Impact As part of the operating budget process, the City Council directed staff to find savings of $1,000,000. City staff are in the process of developing potential savings and new revenues to be reviewed by Council at a future meeting. The junior hockey teams $80,000 grant will be one of the items listed for the Council’s consideration. Based on the value of the grant, the amount of minors supported and the ability for the City to increase revenue by utilizing the ice time provided for other users - staff will be recommending the reduction in these grants based on its criteria. Strategic/Departmental Alignment Financial Stability, committed to be financially responsible to the residents of Niagara Falls by practicing prudent fiscal management of existing resources. List of Attachments Attachment 3 - Wayne Gates Support Letter Attachment 1 - Municipal Support of OJHL Teams, updated June 2024 Attachment 2 - Municipal Support of PJHL Teams, updated June 2024 Page 5 of 10 Page 343 of 500 Written by: Rob McDonald, Manager of Arenas & Customer Service Tiffany Clark, Director of Finance Submitted by: Status: Kathy Moldenhauer, General Manager of Recreation, Culture & Facilities Approved - 10 Jun 2024 Jason Burgess, CAO Approved - 10 Jun 2024 Page 6 of 10 Page 344 of 500 RE: Supporting our Niagara Falls Canucks To whom it may concern, I am writing to express my support for our local Niagara Falls Canucks, whose recent reclassification from a Junior B team to a Junior A team has been and will continue to be incredibly beneficial for our community and its economy. The Canucks are asking for an extension of the Gale Centre Agreements with an additional investment from the City of Niagara Falls. The Niagara Falls Canucks are a longstanding pillar of our Niagara Falls community, having been active since 1971. That’s over 50 years of fun, excitement, teamwork, learning, and longstanding partnerships with other community groups. On top of their strengths in offering opportunities to our young people, the Niagara Falls Canucks reclassification to Junior A means that teams from across the province and Western New York will visit our community. Not only will they visit for individual games, but the Canucks will also have opportunities to host the National Junior A Championship, the World Junior A Challenge, the Eastern Canada Cup All-Star Challenge, and the OJHL Governor’s Showcase. These tournaments bring players and their families from across the province and will bring thousands in revenue for our businesses, and the City of Niagara Falls. Anyone who knows me knows that I am an avid supporter of the Niagara Falls Canucks. You’ll often find me attending their games and cheering them on. As the MPP for Niagara Falls, I know that the work they have done for our community is invaluable, and the joy they bring to both participants and observers is palpable. If anyone would like me to discuss the Niagara Falls Canucks and their value for our community, they are welcome to contact me or my office. Best Regards, Wayne Gates MPP for Niagara Falls, Niagara-on-the-Lake, and Fort Erie Page 7 of 10 Page 345 of 500 Unclassified / Non classifié# ATTACHMENT 1 Municipality/Team Ice Rates Dressing Room Office Space Advertising Other Milton / Milton Menace Pay standard fees Yes at no charge None City provides ad opportunity at reduced rate and then Menace sell for a profit Pro Shop, concession & meeting room provided at no cost. Operate the bar during games. Oakville / Oakville Blades Pay standard fees Yes, provided an empty room, team responsible for upgrades and pay Council approved rental rate for use of room None Team able to resell board ads, no discount provided Town owns video scoreboard, team able to sell advertising for a profit. Town able to advertise during games in exchange. Burlington / Burlington Cougars Pay standard fees Yes at no charge but they share with a historical lacrosse summer user. Team would be reposnsible for any upgrades. Yes but pay per sq.ft rate No advertising provided to team, they can advertise through the City but have to pay regular rate If they need a meeting room, they pay hourly rate. Collingwood / Collingwood Blues No charge No charge Yes, no charge Team sells advertising and provides 30% back to Municipality for payment of ice and dressing room space. Minimum amount is $38,000 with an increase annually. Team operates concession. Leamington / Leamington Flyers Pay standard fees Yes, no charge for it. They have a trainers area with laundry, coaches room, storage for skate sharpening. Storage rooms too - no charge. Yes, no charge Pay Municipality $25,000 for exclusive use and then sell whatever they like. Ice logos, wall ads, boards. On ice every day, Thursday night games. Charge them $612 per game plus tx, includes 1 PT staff but don't manage inside rink security. Have their own liquor license and activate it during busy events. Halton Hills / Georgetown Raiders Pay standard fees Yes, charged for the use of private changeroom Yes, charged for the use of private office No advertising They do not get revenue from concession or pro shop. They operate a booster club before games in community room. Brantford / Brantford 99ers Pay standard fees Yes, charged $100 per month for use of all spaces Yes, office, small storage space & dressing room No advertising They have the centre ice logo at a cost. They run a licesned 50/50. Provided door staff for games and fee added to permit. OJHL Teams - Municipal Support Page 8 of 10Page 346 of 500 Unclassified / Non classifié# County of Prince Edward / Wellington Dukes Pay standard fees Yes, dressing room with trainers area, 2 storage rooms at no charge Yes, 1 office at no charge Yes, they have ability to sell board ads and ice logos and City staff install at no cost Township of Minden Hills / Haliburton Huskies Pay a reduced rate ($85/hr) based on $105,000 spent by team to renovate dressing rooms, offices etc. Yes - no charge based on renovation costs to space Yes - no charge based on renovation costs to space No advertising Team operates a bar with food on game days. Team has 2 vending machines. Team gets 1.5 hrs/wk inside gymnasium for dryland training and free memberships to fitness gym on site. Township of King/Brantford Bulldogs St. Catharines Falcons (Jr B) / St. Catharines Pay standard fees Yes at no charge Yes at no charge Yes, they get 100% of the revenue from ads they sell in rink #1 only. Falcons logos permitted in high visibility areas. They have an office that also allows them to sell team apparel that the City built. The Falcons do get 50/50 proceeds at the Ice Dogs games but that is a separate deal with the OHL team. Niagara Ice Dogs (OHL) / St. Catharines No Charge Yes, no charge but do pay taxes Yes, no charge but do pay taxes Yes, 100% of the adertising in the bowl and 50% of the food and beverage sales, they also receive 50% of advertising sold outside of the bowl. Ice Dogs pay the City $1 per ticket sold for home games. Ice Dogs receive 50% of proceeds from suite rental and 50% of the pouring rights from alcoholic beverages. Niagara-on-the-Lake / Niagara Predators (GMHL - different league but close proximity as comparison) Pay standard fees Pay a yearly fee for use of rooms - approx $3,000 Yes, part of yearly fee No advertising Team paid for upgrades to dressing room and office space Niagara Falls (CURRENT)Pay standard rates - grant applied at end of season ($60,000 grant) Yes, dressing room with 2 coaches offices, trainers room & laundry area. 2 offices inside dressing room - head coach and team manager. No advertising provided to Canucks, they do have the centre ice logo at their cost 3 storage rooms provided at no cost Niagara Falls (REQUESTED)Requesting increase to $160,000 Same Same Same Requesting the City to build a kiosk in rink #1 to sell merchandise Staff had contact with the Township of King. The details of the agreement are confidential at this time and can't be shared publicly. The details of the agreement were discussed at a high level and the agreement between the City of Niagara Falls and the NF Canucks is favourable.Page 9 of 10Page 347 of 500 Unclassified / Non classifié# ATTACHMENT 2 Municipality/Team Ice Rates Dressing Room Office Space Advertising Other Hamilton / Dundas Blues Charged youth rate Yes at no charge No Yes, ability to sell advertising for revenue Storage at no charge Haldimand County / Dunnville Jr Mudcats Charged youth rate Yes at no charge Yes at no charge No advertising, County coordinates advertising and retains revenue Storage at no charge Hamilton / Glanbrook Rangers Charged youth rate Yes at no charge No Yes, ability to sell advertising for revenue Storage at no charge Haldimand County / Hagersville Hawks Charged youth rate Yes at no charge Yes at no charge No advertising, County coordinates advertising and retains revenue Storage at no charge Norfolk County / Port Dover Sailors Charged youth rate Yes at no charge Yes at no charge No advertising, a 3rd party company coordinates the advertising and offer organizations 30% of the rvenue if they bring the business Storage at no charge Grimsby / Grimsby Peach Kings Charged youth rate Yes at no charge Yes at no charge No advertising The team operates a bar during games Niagara Riverhawks (CURRENT)Pay standard rates - grant applied at end of season ($20,000 grant) Yes, dressing room with 2 coaches offices, trainers room & laundry area. 2 offices inside dressing room - head coach and team manager. No advertising provided to Riverhawks, they do have 2 ice logos at their cost 2 storage rooms provided at no charge Niagara Riverhawks (REQUESTED)Requesting increase to $100,000 Same Same Same Same PJHL Teams - Municipal Support Page 10 of 10Page 348 of 500 RE: Supporting our Niagara Falls Canucks To whom it may concern, I am writing to express my support for our local Niagara Falls Canucks, whose recent reclassification from a Junior B team to a Junior A team has been and will continue to be incredibly beneficial for our community and its economy. The Canucks are asking for an extension of the Gale Centre Agreements with an additional investment from the City of Niagara Falls. The Niagara Falls Canucks are a longstanding pillar of our Niagara Falls community, having been active since 1971. That’s over 50 years of fun, excitement, teamwork, learning, and longstanding partnerships with other community groups. On top of their strengths in offering opportunities to our young people, the Niagara Falls Canucks reclassification to Junior A means that teams from across the province and Western New York will visit our community. Not only will they visit for individual games, but the Canucks will also have opportunities to host the National Junior A Championship, the World Junior A Challenge, the Eastern Canada Cup All-Star Challenge, and the OJHL Governor’s Showcase. These tournaments bring players and their families from across the province and will bring thousands in revenue for our businesses, and the City of Niagara Falls. Anyone who knows me knows that I am an avid supporter of the Niagara Falls Canucks. You’ll often find me attending their games and cheering them on. As the MPP for Niagara Falls, I know that the work they have done for our community is invaluable, and the joy they bring to both participants and observers is palpable. If anyone would like me to discuss the Niagara Falls Canucks and their value for our community, they are welcome to contact me or my office. Best Regards, Wayne Gates MPP for Niagara Falls, Niagara-on-the-Lake, and Fort Erie Page 349 of 500 Unclassified / Non classifié# ATTACHMENT 1 Municipality/Team Ice Rates Dressing Room Office Space Advertising Other Milton / Milton Menace Pay standard fees Yes at no charge None City provides ad opportunity at reduced rate and then Menace sell for a profit Pro Shop, concession & meeting room provided at no cost. Operate the bar during games. Oakville / Oakville Blades Pay standard fees Yes, provided an empty room, team responsible for upgrades and pay Council approved rental rate for use of room None Team able to resell board ads, no discount provided Town owns video scoreboard, team able to sell advertising for a profit. Town able to advertise during games in exchange. Burlington / Burlington Cougars Pay standard fees Yes at no charge but they share with a historical lacrosse summer user. Team would be reposnsible for any upgrades. Yes but pay per sq.ft rate No advertising provided to team, they can advertise through the City but have to pay regular rate If they need a meeting room, they pay hourly rate. Collingwood / Collingwood Blues No charge No charge Yes, no charge Team sells advertising and provides 30% back to Municipality for payment of ice and dressing room space. Minimum amount is $38,000 with an increase annually. Team operates concession. Leamington / Leamington Flyers Pay standard fees Yes, no charge for it. They have a trainers area with laundry, coaches room, storage for skate sharpening. Storage rooms too - no charge. Yes, no charge Pay Municipality $25,000 for exclusive use and then sell whatever they like. Ice logos, wall ads, boards. On ice every day, Thursday night games. Charge them $612 per game plus tx, includes 1 PT staff but don't manage inside rink security. Have their own liquor license and activate it during busy events. Halton Hills / Georgetown Raiders Pay standard fees Yes, charged for the use of private changeroom Yes, charged for the use of private office No advertising They do not get revenue from concession or pro shop. They operate a booster club before games in community room. Brantford / Brantford 99ers Pay standard fees Yes, charged $100 per month for use of all spaces Yes, office, small storage space & dressing room No advertising They have the centre ice logo at a cost. They run a licesned 50/50. Provided door staff for games and fee added to permit. OJHL Teams - Municipal Support Page 350 of 500 Unclassified / Non classifié# County of Prince Edward / Wellington Dukes Pay standard fees Yes, dressing room with trainers area, 2 storage rooms at no charge Yes, 1 office at no charge Yes, they have ability to sell board ads and ice logos and City staff install at no cost Township of Minden Hills / Haliburton Huskies Pay a reduced rate ($85/hr) based on $105,000 spent by team to renovate dressing rooms, offices etc. Yes - no charge based on renovation costs to space Yes - no charge based on renovation costs to space No advertising Team operates a bar with food on game days. Team has 2 vending machines. Team gets 1.5 hrs/wk inside gymnasium for dryland training and free memberships to fitness gym on site. Township of King/Brantford Bulldogs St. Catharines Falcons (Jr B) / St. Catharines Pay standard fees Yes at no charge Yes at no charge Yes, they get 100% of the revenue from ads they sell in rink #1 only. Falcons logos permitted in high visibility areas. They have an office that also allows them to sell team apparel that the City built. The Falcons do get 50/50 proceeds at the Ice Dogs games but that is a separate deal with the OHL team. Niagara Ice Dogs (OHL) / St. Catharines No Charge Yes, no charge but do pay taxes Yes, no charge but do pay taxes Yes, 100% of the adertising in the bowl and 50% of the food and beverage sales, they also receive 50% of advertising sold outside of the bowl. Ice Dogs pay the City $1 per ticket sold for home games. Ice Dogs receive 50% of proceeds from suite rental and 50% of the pouring rights from alcoholic beverages. Niagara-on-the-Lake / Niagara Predators (GMHL - different league but close proximity as comparison) Pay standard fees Pay a yearly fee for use of rooms - approx $3,000 Yes, part of yearly fee No advertising Team paid for upgrades to dressing room and office space Niagara Falls (CURRENT)Pay standard rates - grant applied at end of season ($60,000 grant) Yes, dressing room with 2 coaches offices, trainers room & laundry area. 2 offices inside dressing room - head coach and team manager. No advertising provided to Canucks, they do have the centre ice logo at their cost 3 storage rooms provided at no cost Niagara Falls (REQUESTED)Requesting increase to $160,000 Same Same Same Requesting the City to build a kiosk in rink #1 to sell merchandise Staff had contact with the Township of King. The details of the agreement are confidential at this time and can't be shared publicly. The details of the agreement were discussed at a high level and the agreement between the City of Niagara Falls and the NF Canucks is favourable.Page 351 of 500 Unclassified / Non classifié# ATTACHMENT 2 Municipality/Team Ice Rates Dressing Room Office Space Advertising Other Hamilton / Dundas Blues Charged youth rate Yes at no charge No Yes, ability to sell advertising for revenue Storage at no charge Haldimand County / Dunnville Jr Mudcats Charged youth rate Yes at no charge Yes at no charge No advertising, County coordinates advertising and retains revenue Storage at no charge Hamilton / Glanbrook Rangers Charged youth rate Yes at no charge No Yes, ability to sell advertising for revenue Storage at no charge Haldimand County / Hagersville Hawks Charged youth rate Yes at no charge Yes at no charge No advertising, County coordinates advertising and retains revenue Storage at no charge Norfolk County / Port Dover Sailors Charged youth rate Yes at no charge Yes at no charge No advertising, a 3rd party company coordinates the advertising and offer organizations 30% of the rvenue if they bring the business Storage at no charge Grimsby / Grimsby Peach Kings Charged youth rate Yes at no charge Yes at no charge No advertising The team operates a bar during games Niagara Riverhawks (CURRENT)Pay standard rates - grant applied at end of season ($20,000 grant) Yes, dressing room with 2 coaches offices, trainers room & laundry area. 2 offices inside dressing room - head coach and team manager. No advertising provided to Riverhawks, they do have 2 ice logos at their cost 2 storage rooms provided at no charge Niagara Riverhawks (REQUESTED)Requesting increase to $100,000 Same Same Same Same PJHL Teams - Municipal Support Page 352 of 500 R&C-2024-10 Report Report to: Mayor and Council Date: June 18, 2024 Title: Addendum to the Domed Columbaria Capital Budget Project – Building out Maple Grove Columbarium Garden in 2024 Recommendation(s) 1. THAT Council APPROVE a 2024 Capital Budget Amendment of $345,000 for a total approved budget of $532,000, funded by capital special purpose reserves, to allow for the complete development of Maple Grove Columbarium Garden, thereby an on to opportunity capitalize Services Cemetery allowing the aggressive bid and economies of scale; and, 2. That Kyber Columbarium, the highest ranked proponent, BE AWARDED the contract to complete the proposed installation of three domed columbarium and a columbarium wall (five units) in the Maple Grove Columbarium Garden in 2024. Executive Summary The City issued an RFP process to identify and select a provider for columbaria to be installed in the Maple Grove Columbarium Garden at Fairview Cemetery. Through that process, the City received three competitive submissions for the proposed installation of three domed columbaria as well as the development and installation of a large wall columbarium, which was originally expected to be installed over the next four years, concluding in 2028. In an effort to capitalize on extremely aggressive pricing due to economies of scale, and provide Cemetery Services users the greatest selection of niches, Niagara Falls Cemetery Services is seeking an increase to the Capital Budget to complete the project which includes the installation of multiple domed columbarium and construction of the entire niche wall in 2024. Background History of Columbarium Installations and Sales at Fairview Cemetery 74.4% reaching increase, to continues rate in cremation The in Canada 2022, increasing by 25% since 2000. Following the Cemetery Services Delivery Review in 2013, new domed columbarium have been installed nearly bi annually in Fairview Page 1 of 6 Page 353 of 500 Cemetery’s Maple Grove Columbarium Garden. In the 2022 Comprehensive Cemeteries Plan, it was noted that between 2020 and 2045, cremations in Niagara Falls were forecast to increase by 94%. Interest and niche sales in the last ten years in Niagara Falls Cemeteries, have increased significantly, in fact they have doubled (as presented in the Analysis / Rationale). Not only are niche sales, in the ornate and uniquely also has Cemetery Services columbarium domed designed consistent, benefited from the growth in interest, and sales through the development of a diverse selection of “styles” and “options” including sales of “estate / family” columbarium. Essentially, increased options have often led to increased sales. Historically, each time the number of available niches is limited, sales have declined until such time as a new installation is available. This trend has been recognized at both Fairview Cemetery (Maple Grove Columbarium Garden) and Stamford Green Heritage Columbarium. By increasing the requested capital project budget, Niagara Falls Cemetery Services will be in a position to take advantage of economies of scale, contracting with the highest ranked proponent, Kyber Columbarium, to complete installations that would have otherwise been piecemealed over the next four years. Contracting the same supplier for the installation of the proposed domes, but more importantly the large five section columbarium wall, will also ensure the design, fit and finish is matching throughout the components. Current Layout of Maple Grove Columbarium Garden and Future Opportunities Maple Grove Columbarium Garden is a wooded area directly adjacent to Fairview Cemetery and pathway interlocking meandering Office with Administration an a assortment of landscape features and gardens. The first Columbarium (Trillium Court) was erected in 2003. Since then, two 48 niche units, seven additional large (i.e. 72 – 84 niches) granite domed columbaria have been installed, providing families with the option of interring cremated remains in a secure, beautiful above ground structure. As the rate/interest in cremation grows, so too must the installation of columbaria. Niagara Falls Cemetery Services, has planned/designed for the installation of additional domed columbaria as well as a significant columbarium wall feature in Maple Grove, which will not only provide 524 niches, it will also serve as an aesthetic barrier for the area occupied by the maintenance yard. Further to the installation of large columbaria, Cemetery Services has also planned for the continued installation of estate / family units (smaller, unique, personal columbarium) along the Maple Grove pathways. Page 2 of 6 Page 354 of 500 Product Consistency is Important The most recent columbarium installations at Fairview Cemetery in 2021 are all made of grey and black granite, natural materials which originated from the same quarry and carry a lifetime warranty. As such, the quality and consistency of the granite for the columbarium structures was consistent; they all possess the same colour tones, variations, grain patterns, veining patterns, etc. When designing and developing the matching top hat and large columbarium wall feature, which was originally proposed to be developed in installments, the risk of choosing a new and/or different vendor is that they will not have access to the same quarry to harvest the same quality and consistency of materials. Columbarium Niche sales are directly impacted by the quality, selection and appeal of the product that is available for purchase. Families view niches in the columbarium as “theirs” because their loved ones are interred there. They visit often and want to know that their loved ones are resting in a high-quality, secure and beautiful columbarium that won’t fall apart. They also expect that the City will take care of their loved ones forever. Analysis Columbarium Niche sales are income-generating units that are purchased by families who value secure, high quality, well crafted, enduring and beautiful structures which will serve as their final resting place on earth. Maple Grove Columbarium Garden is recognized as beautifully maintained space with gardens and a meandering pathway through mature trees. Each of the ornate and uniquely designed domed columbarium installed have been met with very positive responses from the community. Niagara Falls Cemetery Services is anticipating the continued growth in the cremation rate, with the potential for a significant increase in demand and sales in the near future with Baby Boomers more installation the such, As of life of end making arrangements. columbarium units in Maple Grove Columbarium Garden is necessary in order to respond. At the same time, by expediting the project and completing installations in one year, this provides Niagara Falls Cemetery Services the opportunity to capitalize on the economies of scale and very aggressive pricing through this RFP process. Beginning in 2021, recognizing the significant need to grow the City’s Trust Fund (i.e. for increased Services Cemetery cemeteries), perpetual maintenance the the of percentage of income generated with each niche sale, allotted for the trust fund (i.e. 40% vs 20%). As such, the sale of additional niches will have a direct and positive impact on the annual investment into the City’s Trust Fund (Care and Maintenance Fund), thereby having a long term positive impact on Cemetery Services’ reliance on the tax base. Page 3 of 6 Page 355 of 500 Historical Niche Sales The following presents a ten year summary of niche sales through Niagara Falls Cemetery Services; illustrating the : Year Niches Sold 2013 31 2014 31 2015 22 2016 30 2017 41 2018 34 2019 46 2020 36 2021 50 2022 57 2023 65 2024 (to date) 23 Please note the decrease in sales in 2015, 2018 and 2020 were as a result of diminishing niche availability / options (i.e. eye level, location and style). Financial Implications/Budget Impact Cemetery Services Staff initially sought, through the Capital Budget process, a budget of domed 84 one and niche 72 niche of installation the toward $187,000 one columbarium, as well as the associated hardscaping (i.e. interlocking walkways and circular pathways) in the Maple Grove Columbarium Garden. Through the RFP process, Cemetery Services increased the columbarium size from 72 niches to 84 niches, and also requested pricing for the ultimate buildout (i.e. biannual plan of installing niches leading into 2028), including pricing for a third 84 niche domed columbarium as well as a large columbarium wall (five sections) totaling 524 niches. The pricing of the successful proponent, Kyber Columbarium, includes supply and installation, including all associated foundations. staff and $532,000 is build-out total capital for budget total revised The is the recommending the budget amendment of $345,000 be funded by capital special purpose reserves. This investment adds much needed capacity to our existing cemetery sites, while future planning is underway for a future cemetery site. Page 4 of 6 Page 356 of 500 It is important to note that Cemetery staff have been working closely with the facilities department to find other cost efficiencies within the cemetery operations. After demolition was completed of the existing cemetery operations building at Lundy’s Lane, staff explored creative solutions to create a secured compound area on the site for some machinery and equipment and storage. Ultimately staff decided against building a new cemetery operations building on the existing Lundy’s Lane Cemetery site. Instead, operational move to crews leverage mobile made been have enhancements to equipment between cemetery sites. This has reduced the need for a fully fledged operations buildings for cemetery staff at both cemeteries. Instead a storage shed and fenced in compound is being leveraged to complement the mobile crew. This cost-effective solution saved the City over $500,000 in capital costs, and increased potential in-ground burial capacity by utilizing a smaller foot print than the outgoing building. Cemetery staff continue to explore opportunities to streamline their operations and explore they as especially operations, sustainability of the increase their opportunities for a future cemetery site. If provided the opportunity to complete the proposed installation of all proposed columbarium in Maple Grove Columbarium Garden, Cemetery Services will be in a position to capitalize on very aggressive pricing from Kyber Columbarium, who supplied and installed three columbarium in Maple Grove two years prior. The following provides breakdown / business plan of the proposed cost of installation vs revenue generating opportunities: Initial Investment Description (Capital) Anticipated Buildout Cost Anticipated Total Revenue Three Domed Columbarium $151,260 252 Niches x $2,366* = $596,290 Five Section Wall Columbarium $228,800 524 Niches x $2,366* = $1,239,904 Associated Hardscaping (i.e. interlocking pathways) $150,000 Totals $530,060 $1,836,194 Total (Revenue Less Cost) $1,306,134 *Current Median Price for a Double Niche ** Note: Additional revenue will be recognized through the sale of bronze wreaths (provided by a third party) or granite etching services (provided internally). If approved, this installation of domed and walled columbarium, combined with the curved wall columbarium units (i.e. 400 niches total) at Lundy’s Lane Cemetery, would serve Niagara Falls Cemetery Service sales for the foreseeable future. At the same time, with the continued annual increase in prices, the proposed revenue generated Page 5 of 6 Page 357 of 500 from niche sales will help the cemetery maintain its current sites and continue to build a sustainable Trust Fund. Strategic/Departmental Alignment The City of Niagara Falls is committed to building and promoting a vibrant, sustainable City that supports an active, connected, and creative community. Implementation of the above noted projects meets the intent of Council’s Strategic Priorities by implementing the City’s Strategic Plan to provide exceptional Customer Service; and responsible and transparent financial management. Written by: Mark Richardson, Manager of Cemetery Services Tiffany Clark, Director of Finance Submitted by: Status: Kathy Moldenhauer, General Manager of Recreation, Culture & Facilities Approved - 10 Jun 2024 Jason Burgess, CAO Approved - 10 Jun 2024 Page 6 of 6 Page 358 of 500 F-2024-22 Report Report to: Mayor and Council Date: June 18, 2024 Title: 2023 Development Charges Treasurer's Statement Recommendation(s) THAT Council RECEIVE report F-2024-22 2023 Development Charges Treasurer's Statement for information. Executive Summary Per the Development Charges Act, 1997, S.O. 1997, c. 27, municipalities are required to prepare an annual financial statement relating to development charge by-laws and reserve funds established under section 33. The Treasurer's Statement for 2023 is attached as Attachment 1 to this report. During fiscal period 2023, the City collected $3.23M in net development charges, $1.16M in net interest income and funded $5.31M in eligible growth related projects. Also during 2023 the City uploaded $2.53M in Transit-related development charges to Niagara Region. The unaudited 2023 year end development charges deferred revenue balance is $26.50M. Attachment 1 provides detail. These funds will be used in future fiscal periods to fund eligible growth related projects as budgeted. Also during fiscal period 2023, new legislative changes took effect under Bill 23 that require the City to commit or spend 60% of reserve balances for water, wastewater, and roads reserves. Total expenditures including committed expenditures for all three categories for the City of Niagara Falls all exceed the 60% legislated threshold. 23 Bill the with compliance City's report demonstrates this to 2 Attachment the legislation to commit or spend 60% of DC reserve balances for water, wastewater, and roads. Background The Development Charges Act, 1997, S.O. 1997, c. 27, as amended requires that development charges be reviewed on a ten-year cycle. The City of Niagara Falls' current Development Charges By-law 2019-69 was passed June 4, 2019, and expires July 8, 2024. On May 28, 2024 City Council approved the City's 2024 DC By-law, with an effective date of July 8, 2024. Page 1 of 5 Page 359 of 500 Municipalities prepare an annual financial statement referred to as the Treasurer's Statement, relating to development charge by-laws and reserve funds established under section 33 of the DC Act. The Treasurer's statement includes opening and closing reserve balances, and listings of assets whose capital costs were funded under a DC by-law during that year. In 2023, new legislative changes took effect as per Bill 23. Municipalities are required to commit or spend 60% of reserve balances for water, wastewater, and roads reserves. The excerpt from The Act is as follows: Per the DC Act, requirement to spend or allocate monies in reserve fund is stated as follows: (2) Beginning in 2023 and in each calendar year thereafter, a municipality shall spend or allocate at least 60 per cent of the monies that are in a reserve fund for the following services at the beginning of the year: 1. Water supply services, including distribution and treatment services. 2. Waste water services, including sewers and treatment services. 3. Services related to a highway as defined in subsection 1 (1) of the Municipal Act, 2001 or subsection 3 (1) of the City of Toronto Act, 2006, as the case may be. 2022, c. 21, Sched. 3, s. 10. The City of Niagara Falls has calculated its percentages of total expenditures including committed amounts for the three categories and has demonstrated that the new legislated requirement has been met. Analysis The purpose of development charges is to help fund the capital costs attributable to growth. The City's Development Charge Study, prepared by Hemson Consulting Ltd March 29, 2019, outlines the methodology to determine rates and identifies eligible development charge related projects. Development charges are collected relative to the increased growth related capital costs involved in delivering the following municipal services: 1. General Government 2. Roads and Related 3. Transit (Service Transferred to Region Jan 1/23) 4. Parks and Recreation 5. Library 6. Sanitary Sewer 7. Fire 8. Sidewalks Page 2 of 5 Page 360 of 500 9. Water 10. Storm Water Management 11. Public Works and Fleet City Council recently approved the 2024 DC By-Law which has revised the services to formally remove Transit (deferred to the Region) and combine Sidewalks with Roads and Related. Development Charges for the majority of development types are collected at building permit issuance and recorded as deferred revenue in the DC reserve funds. Development Charge revenue is recognized as amounts are used to fund eligible growth related projects that are included in the annual capital budget and identified in the City's development charge study. Development charge rates are indexed annually. Strategic/Departmental Alignment This report is consistent with the following Council strategic commitments: 1. To be financially responsible to the residents of Niagara Falls by practicing prudent fiscal management of existing resources and by making sound long-term choices that allow core City programs and services to be sustainable now and into the future. 2. To be efficient and effective in our delivery of municipal services and use of resources and accountable to our citizens and stakeholders. List of Attachments F-2024-22 Attachment 1 F-2024-22 Attachment 2 Written by: Jennifer Yarnell, Senior Financial Analyst Submitted by: Status: Tiffany Clark, Director of Finance Approved - 08 Jun 2024 Shelley Darlington, General Manager of Corporate Services Approved - 10 Jun 2024 Jason Burgess, CAO Approved - 10 Jun 2024 Page 3 of 5 Page 361 of 500 F-2024-22 - Attachment 1 - 2023 Development Charges Treasurer’s Statement ROADS & PARKS STORM PUBLIC WORKS TOTAL GEN. GOV'T RELATED TRANSIT & REC LIBRARY SEWER FIRE SIDEWALK WATER SEWER & FLEET DEVELOPMENT 400108 400109 400110 400111 400112 400113 400114 400218 400219 400220 400261 CHARGES BEGINNING BALANCE, JANUARY 1, 2023 475,660 7,138,052 2,517,795 6,455,283 684,326 501,240 3,781,690 1,067,304 1,710,370 5,617,476 - 29,949,196 REVENUES Net Development Charges 32,492 1,054,806 14,695 554,809 115,307 583,961 166,530 38,799 167,787 499,962 3,229,148 Net Interest Income 6,239 339,329 - 207,391 20,307 113,858 24,097 35,383 87,374 320,851 330 1,155,159 Transfers from former DCs Accounts 88 1,947 2,035 Transfers between DC Funds - (549,401) - 549,401 - EXPENDITURES Transfers (to)/from Operating: Debt Charges re: MacBain Community Centre (988,565) (988,565) Debt Charges re: Garner Pumping Station (793,877) (793,877) Debt Charges re: Fire Station 7 (485,752) (485,752) OPG Sewer Easement (1,928) (1,928) Transfer to Niagara Region (2,532,490) (2,532,490) Transfers (to)/from Capital: BP44-21 South NF/Grassy Brook Secondary Plan (154,441) (154,441) G49-22 Updated DC Background and CBC Strategy (28,131) (28,131) L40 Strategic Planning & Future Needs Study (17,350) (17,350) L42-20 Book Mobile (75,849) (75,849) L47-23 Collection Materials (81,930) (81,930) MS19 Fallsview - Ferry to Murray (1,250,013) (250,559) (1,500,572) MS40 Garner Road (Warren Woods Ave - McLeod Rd)(8,989) (2,228) (405) (4,284) (15,906) MS42-20 Winzen Subdivision (35,560) (35,560) MS63-22 Wet Weather Management Study & Master Servicing Plans (122,971) (122,971) (245,942) P63 Warren Woods Phase 1 Park & Trail (6,330) (6,330) P73 Chippawa West Park Development (118,133) (118,133) P112 Fern Park Improvements & Trail Development (1,927) (1,927) P129-21 Warren Woods Trail Development (26,690) (26,690) P130-21 Warren Woods Trail Parkette Development (3,949) (3,949) R124-20 Drummond Rd Improvements (29) (29) R137-21 Dorchester & Oldfield Intersection (12,148) (12,148) R144-21 Dorchester Road (Oldfield to Mcleod Rd)(5,500) (5,500) R147-22 Road widenings for new South Niagara Hospital (525,014) (525,014) R151-23 2023 Asphalt Overlay Program - DC (131,663) (131,663) SS72 South Niagara Falls Infiltration & Inflow Study to High Lift Sewage Pumping Station (19,177) (19,177) STMS49 Thompson's Creek Subwatershed Plan (559) (559) STMS52-21 Hodgson Subdivision Sewer Separation Strategy (6,135) (6,135) TSP55-22 Transportation Master Plans - RFP and Scoping Project (31,409) (31,409) - ENDING BALANCE, DECEMBER 31, 2023 331,907 5,984,408 - 6,071,888 644,811 260,805 3,486,567 1,141,486 1,591,596 6,425,382 549,731 26,488,581 City of Niagara Falls Treasurer's Statement (Unaudited) - Development Charges For the Year Ended December 31, 2023 Page 4 of 5Page 362 of 500 F-2024-22 - Attachment 2 - 2023 Development Charges Treasurer’s Statement ROADS & RELATED SEWER WATER 400109 400113 400219 Beginning Balance, January 1, 2023 7,138,052 501,240 1,710,370 Actual Expenditures in 2023 (2,000,325) (938,254) (373,936) Budgeted Expenditures in Approved Capital Projects (2,997,254) (407,851) (752,029) Outstanding DC Debt Payments (8,308,241) (8,032,401) (9,448,101) Total - 2023 Expenditures and Approved Commitments to Date (13,305,820) (9,378,506) (10,574,065) TOTAL EXPENDITURES as a % of Beginning Balance 186% 1871% 618% Bill 23 Legislative Requirement 60% 60% 60% Variance 126% 1811% 558% City of Niagara Falls Development Charges Bill 23 Requirement to spend or allocate monies in reserve fund For the Year Ended December 31, 2023 Page 5 of 5Page 363 of 500 F-2024-23 Report Report to: Mayor and Council Date: June 18, 2024 Title: Cancellation, Reduction or Refund of Taxes Under Section 357 and 358 of The Municipal Act, 2001 Recommendation(s) THAT Council APPROVE the cancellation, reduction or refund of taxes on the various accounts listed in the attached summary and granted to the property owners listed. Executive Summary Property owners can seek remedy from property assessments that are not accurate due to errors in preparation of the Assessment Roll or due to changes in specific circumstances. These remedies are available by virtue of s.357 and s.358 of The Municipal Act, 2001. This report is provided to Council periodically during the fiscal year to attain Council approval of the changes afforded under these sections. This is the first report for 2024. Adjustments totaling $63,400 are being recommended in this report with allocations to be made to City, Regional and School Board revenue. In the 2024 Tax Levy Supported Operating Budget, an allowance has been established for these expenditures. At this time, the allowance provided in the Tax Levy Supported Operating Budget is adequate to account for the City’s proportionate share of approximately $24,092. Background This report is the first report this year in relation to s.357 and s.358 reductions. Analysis Section 357 and 358 of The Municipal Act, 2001 provides for the cancellation, reduction or refund of taxes for persons who were overcharged by reason of any gross or manifest error in the preparation of the Assessment Roll. Applications have been received and the applicants have been notified that the respective matters will be considered by City Council this evening. The Municipal Property Assessment Corporation has confirmed that the subject properties were assessed incorrectly in that these properties; had structures that had been demolished or removed, were damaged or razed by fire, have ceased to be liable at the rate it was taxed, underwent repairs/renovations preventing normal use for a period of longer than 3 months, became exempt, or a transposition, typographical, or clerical error was made. Page 1 of 3 Page 364 of 500 Financial Implications/Budget Impact The 2024 Tax Levy Supported Operating Budget provides an allowance for tax write- offs due to assessment appeals and tax write offs. Attached is a listing of all the properties that staff is recommending receive adjustments due to successful applications. An amount of $63,400 in adjustments is listed. The City’s approximate portion is $24,092 and has been accounted for in the 2024 Tax Levy Supported Operating Budget. The balance of approximately $39,308 represents adjustments for the School Boards and the Region of Niagara. These adjustments will be made as part of the year end reconciliations. List of Attachments F-2024 -23 COUNCIL 357.8 LIST Written by: Amber Ferguson, Manager of Revenue Submitted by: Status: Tiffany Clark, Director of Finance Approved - 08 Jun 2024 Shelley Darlington, General Manager of Corporate Services Approved - 10 Jun 2024 Jason Burgess, CAO Approved - 10 Jun 2024 Page 2 of 3 Page 365 of 500 (Pursuant to Section 358 and 357 (1) (a), (b), (c), (d), (e), and (g) of the Municipal Act) Municipality CITY OF NIAGARA FALLS Assessment Region NIAGARA I hereby apply for the cancellation, reduction or refund of taxes as set out below and certify that the Regional Assessment Commissioner has verified that the information contained in this application is in accordance with her/his records. Appeal Roll Number Name Address Tax Year Reason for Application Refund 2023-48 2725 010 001 07300 0000 FRANCESCO & RAFFAELE CALIGIURI 4362 LEADER LN 2023 RAZED BY FIRE, DEMOLITION OR OTHERWISE $7.50 2024-10 2725 010 004 10000 0000 MENG GUO 4760 QUEEN ST 2023 RAZED BY FIRE, DEMOLITION OR OTHERWISE $63.79 2024-11 2725 020 008 11400 0000 DUANE & LORNA-RAENNE MATTATALL 4880 WILLMOTT ST 2023 RAZED BY FIRE, DEMOLITION OR OTHERWISE $202.63 2024-12 2725 030 006 00400 0000 SUNSHINE MERCANTILE GROUP INC.5377 KITCHENER ST 2023 RAZED BY FIRE, DEMOLITION OR OTHERWISE $35.26 2024-15 2725 030 008 07025 0000 NIAGARA 21ST GROUP INC.5950 VICTORIA AV 2023 REPAIRS/RENOVATIONS PREVENTING NORMAL USE $46,014.41 2024-18 2725 030 008 13200 0000 BRIAN FITZGERALD & STACIE SOLARI-CALLAS 6671 FALLSVIEW BLVD 2023 REPAIRS/RENOVATIONS PREVENTING NORMAL USE $0.00 2024-1 2725 040 001 03514 0000 STEPHEN FISH & KATHLEEN TAYLOR 2820 GAIL AV 2023 RAZED BY FIRE, DEMOLITION OR OTHERWISE $41.36 2024-3 2725 040 004 10400 0000 DENNIS HY 4107 PORTAGE RD 2023 TAX CLASS CONVERSION $1,391.71 2024-19 2725 040 005 08403 0000 2717981 ONTARIO INC.3846 PORTAGE RD 2022 GROSS OR MANIFEST ERROR $0.00 2024-20 2725 040 005 08403 0000 2717981 ONTARIO INC.3846 PORTAGE RD 2023 GROSS OR MANIFEST ERROR $0.00 2024-14 2725 040 013 10500 0000 MOHMED KACHHVI & BEMAT UMMEKULSUM 6495 ST JOHN ST 2023 RAZED BY FIRE, DEMOLITION OR OTHERWISE $156.49 2024-19 2725 050 001 04700 0000 CLASSIC '59 INVESTMENTS 4300 DRUMMOND RD 2023 GROSS OR MANIFEST ERROR $0.00 2023-47 2725 050 001 04910 0000 14504861 CANADA INC.4354 DRUMMOND RD 2023 RAZED BY FIRE, DEMOLITION OR OTHERWISE $640.79 2023-46 2725 060 009 06900 0000 REBECCA & RICARDO SAMSON 6597 BELLEVUE ST 2023 RAZED BY FIRE, DEMOLITION OR OTHERWISE $158.18 2024-13 2725 060 014 02350 0000 LOYALIST CROSSING DEVELOPMENT INC.5610-5630 DORCHESTER RD 2023 RAZED BY FIRE, DEMOLITION OR OTHERWISE $329.79 2024-6 2725 060 014 13300 0000 MARY REINHART 5651 WOODLAND BLVD 2023 RAZED BY FIRE, DEMOLITION OR OTHERWISE $186.46 2024-9 2725 080 002 00970 0000 ALIA SARFRAZ 6837 AILANTHUS AV 2023 RAZED BY FIRE, DEMOLITION OR OTHERWISE $1,000.27 2024-7 2725 100 005 03500 0000 2759289 ONTARIO INC.8375 LUNDY'S LN 2023 REPAIRS/RENOVATIONS PREVENTING NORMAL USE $8,417.99 2023-44 2725 100 006 03600 0000 MILE & ZELJKO RUDAN 8766 LUNDYS LN 2023 RAZED BY FIRE, DEMOLITION OR OTHERWISE $1,535.91 2024-4 2725 100 006 07100 0000 KINGSWAY DEVELOPMENTS 6894 GARNER RD 2023 RAZED BY FIRE, DEMOLITION OR OTHERWISE $1,004.58 2024-16 2725 110 002 11345 0000 AYESHA & MASOOD ATIF 8748 PAWPAW LN 2023 RAZED BY FIRE, DEMOLITION OR OTHERWISE $841.39 2024-5 2725 120 005 06300 0000 COLIN MOORE 4036 MAIN ST 2023 RAZED BY FIRE, DEMOLITION OR OTHERWISE $32.16 2024-2 2725 120 009 04000 0000 LIDIA & VICTOR CARUANA 3878 CHIPPAWA PKY 2023 RAZED BY FIRE, DEMOLITION OR OTHERWISE $1,339.51 TOTAL $63,400.18 Approved this Report No.:F-2024-23 JAMES M. DIODATI, MAYOR BILL MATSON, CITY CLERK [*Any individual items not approved must be struck out and initialed.]Page 3 of 3Page 366 of 500 MW-2024-28 Report Report to: Mayor and Council Date: June 18, 2024 Title: Parking Services - Request for 2024 Capital Budget Amendment Recommendation(s) That Council APPROVE a 2024 Capital Budget Amendment to create project PRKG 53- 24 for the Municipal Parking Lot #3 retaining wall replacement with a total budget of $45,000 (inclusive of non-recoverable HST), to be funded by the Parking Reserve. Executive Summary Staff are recommending that Council approve a 2024 Capital Budget Amendment requested and repair the facilitate to Works Parking - Municipal by Services replacement of a compromised retaining wall located in Municipal Parking Lot #3. Background Municipal Parking Lot #3, located at 4424 Park Street, has experienced structural damage to its southerly retaining wall during this past winter season, resulting in sections of the retained wall becoming compromised and sections failing (illustrated in the photo below). This damage is attributed to the age of the asset and typical winter freeze/thaw cycles. Due to the grade differential between Municipal Parking Lot #3 and its southerly neighbour, a retain wall had been constructed years ago to hold-back the rear parking area of the neighbour. The age of the retain wall is unknown; however, based on its condition and method of construction, staff have assumed to be 50+ years old and at its end of life. Page 1 of 3 Page 367 of 500 Analysis Staff have reviewed the current situation, explored alternatives, and are recommending the immediate replacement of the retaining wall with a pre-cast concrete block wall. This project was unplanned for, and therefore no budget was allocated in the 2024 Capital Budget to complete this work in a timely manner. To ensure the compromised wall does not affect the neighbouring property, staff have expediated the design of the new retaining wall, requested quotations from two contractors, and will award to the lowest compliant bid. Should Council approve the allocation of funding to this project, the contractor awarded the project will be able to commence and complete the project in early-July, 2024. Financial Implications/Budget Impact Staff is recommending the creation of a PRKG 53-24 project and a 2024 Capital Budget Amendment of $45,000 funded by the Parking Reserve. Strategic/Departmental Alignment Page 2 of 3 Page 368 of 500 Provide a convenient, cost effective and customer friendly parking system based on the User Pay Philosophy. Contributor(s) Paul Brown, Manager of Parking Services Sebastian Zukowski, Senior Financial Analyst Written by: Mathew Bilodeau, Manager of Transportation Engineering Submitted by: Status: Erik Nickel, General Manager of Municipal Works Approved - 06 Jun 2024 Jason Burgess, CAO Approved - 10 Jun 2024 Page 3 of 3 Page 369 of 500 1 Heather Ruzylo Subject:RE: [EXTERNAL]-Flag Raising! From: Nikola Tesla Day Festival <nikolatesladayfestival@gmail.com> Sent: Friday, May 31, 2024 12:52 PM To: Carey Campbell <ccampbell@niagarafalls.ca> Subject: [EXTERNAL]-Flag Raising! Hi Carey, I have also sent a request for flag raising on July 10th, 2024 in front of City Hall in honour of Nikola Tesla and Tesla Fest 2024. I have not received any response yet. We want to add that information to our Tesla Fest schedule and promotion material. Same as we did last year: https://www.facebook.com/reel/658639015770771 Thank you! Borislav 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 370 of 500 L Page 371 of 500 1 Heather Ruzylo Subject:RE: [EXTERNAL]-Thank You . . . Because Your Ongoing Support Is So Truly Appreciated!!! From: Usick,Karen <Karen.Usick@niagarahealth.on.ca> Sent: Tuesday, June 4, 2024 4:26 PM To: wayne.redekop@niagararegion.ca; marvin.junkin@niagararegion.ca; Brian.Grant@niagararegion.ca; frank.campion@niagararegion.ca; bill.steele@niagararegion.ca; Jdiodati@niagarafall.ca; jeff.jordan@niagararegion.ca; sandra.easton@niagararegion.ca; terry.ugulini@niagararegion.ca; Mathew.Siscoe@niagararegion.ca; Gary.Zalepa@niagararegion.ca; Cheryl.Ganann@niagararegion.ca; jim.bradley@niagararegion.ca Cc: chris.bittle@parl.gc.ca; jstevens-qp@ndp.on.ca; JStevens-CO@ndp.on.ca; hugo@gncc.ca; corrina@gncc.ca; makayla@gncc.ca Subject: [EXTERNAL]-Thank You . . . Because Your Ongoing Support Is So Truly Appreciated!!! World Hepatitis Day 2024 is quickly approaching . . . and we are on our 2nd campaign of the year following Canadian Viral Hepatitis Elimination Day (Can Hep Day)! Canada signed on to do our part in 2016! So again, this year we will join our global partners to work towards eliminating hepatitis as a public health threat by 2030! We need your help! Please consider joining us with our awareness campaign and proclaim Sunday July 28 – World Hepatitis Day in your municipality within Niagara! Many municipalities joined us to proclaim May 9, 2024 “Can Hep Day” . . . we thank you for your ongoing support to help in these very important health awareness campaigns! Thank you for considering the Hepatitis C Care Clinic Team’s proclamation request! Please feel free to contact me if you have any questions, or require further details or information! Page 372 of 500 2 #HepCantWait #WorldHepatitisDay #NoHep Take care and stay safe! Karen Karen Usick – Reg. N Hepatitis C Care Clinic | Community Coordinator Niagara Health System| Addiction Services Karen.Usick@NiagaraHealth.on.ca W: 905-378-4647 x32555 | C: 289-696-2523 260 Sugarloaf Street, Port Colborne, ON L3K 2N7 HCCC Website Address - www.niagarahealth.on.ca/site/hepatitis-c-care NHS Addiction Services - www.niagarahealth.on.ca/services/addiction-recovery #HepCantWait I #WorldHepatitisDay I #NoHep 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 373 of 500 WORLD HEPATITIS DAY July 28th, 2024 WHEREAS, approximately 204,000 Canadians are living with hepatitis C and over 250,000 people are living with hepatitis B; WHEREAS, people living with hepatitis B and C have an increased risk of developing cirrhosis, liver failure and related illnesses; WHEREAS, Ontario has over 110,000 people living with hepatitis B or C, both of which are slow and progressive diseases; and WHEREAS, there are vaccines available for Hepatitis A and B; effective Hepatitis C treatment therapies can cure over 95% of cases; and WHEREAS, World Hepatitis Day provides an opportunity to reach out to millions of Canadians and encourage hepatitis testing, provide treatment and care for those affected while paving the way towards elimination of hepatitis as a public health concern in Canada by 2030; THEREFORE, I, Jim Diodati, Mayor of the City of Niagara Falls, do hereby proclaim July 28th, 2024 World Hepatitis Day in Niagara Falls. JOURNÉE MONDIALE CONTRE L’HÉPATITE Le 28 juillet 2024 ATTENDU QUE, au Canada, quelque 204 000 personnes vivent avec l'hépatite C et environ 250 000 avec l’hépatite B; ATTENDU QUE le risque de cirrhose, d’insuffisance hépatique et de maladies connexes est plus élevé chez les personnes qui vivent avec l’hépatite B ou C; ATTENDU QUE l'Ontario compte plus de 110 000 personnes vivant avec l'hépatite B ou C, deux maladies lentes et progressives; et ATTENDU QU’il existe des vaccins pour protéger contre l'hépatite A et B ainsi que des traitements efficaces pouvant guérir plus de 95 % des personnes atteintes d'hépatite C; et ATTENDU QUE la Journée mondiale contre l'hépatite est une occasion de joindre des millions de Canadiennes et de Canadiens, d'encourager le dépistage de l'hépatite et de fournir traitements et soins aux personnes touchées tout en ouvrant la voie vers l'élimination de l'hépatite en tant que problème de santé publique au Canada d’ici 2030; PAR CONSÉQUENT, je, Jim Diodati, maire de la Ville de Niagara Falls, proclame par la présente le 28 juillet 2024 Journée mondiale contre l’hépatite à Niagara Falls. Jim Diodati Mayor / Maire Page 374 of 500 1 Heather Ruzylo Subject:Proclamation Request - International Trigeminal Neuralgia Awareness Day (Oct 7th). From: Carey Campbell <ccampbell@niagarafalls.ca> Sent: Monday, June 10, 2024 12:14 PM To: Brenda Sharp < Bill Matson <billmatson@niagarafalls.ca>; Heather Ruzylo <hruzylo@niagarafalls.ca>; Kristine Elia <kelia@niagarafalls.ca> Cc: Emily Tropea <etropea@niagarafalls.ca> Subject: RE: [EXTERNAL]-Fwd: [EXTERNAL]-Request to appear at charity fundraiser next year Hi Brenda: Thanks for reaching out. I’m putting you in touch with our staff in the City Clerk’s Office so they may follow up on your request for a proclamation. I trust that they will be back in touch when a date for this to come before Council is booked. Additionally, Emily will be in touch to RSVP for Jim to your fundraiser! Thanks again. carey Carey Campbell | Manager | Office of the Mayor and CAO | City of Niagara Falls 4310 Queen Street | Niagara Falls, ON L2E 6X5 | 905.356.7521 X 4206 | ccampbell@niagarafalls.ca From: Brenda Sharp < Sent: Saturday, June 8, 2024 11:30 AM To: Carey Campbell <ccampbell@niagarafalls.ca> Cc: Emily Tropea <etropea@niagarafalls.ca> Subject: Re: [EXTERNAL]-Fwd: [EXTERNAL]-Request to appear at charity fundraiser next year Hello, I'm writing to confirm the availability of the Mayor to attend our Fundraiser on Friday, September 13th, 2024. I have some information to share as I hope he will be able to say a few words at the event. In addition, would it be possible to get another Proclamation this year to proclaim Oct 7th as International Trigeminal Neuralgia Awareness Day? I am attaching a copy of last year's proclamation provided. Page 375 of 500 2 I will await confirmation before sending along any more information. We are in the process of setting up our event program and would like to include the Mayor's attendance in it. Thank you! Brenda Sharp ---------- Forwarded message --------- From: Brenda Sharp > Date: Thu, May 9, 2024 at 1:49 PM Subject: Re: [EXTERNAL]-Request to appear at charity fundraiser next year To: Heather Phillips <hphillips@niagarafalls.ca> Hi Heather, I know it's still a way off....but I wanted to send you the flyer for our fundraiser that I have requested the Mayor to attend. We can connect again as it gets closer to September to work out particulars. I would love for the Mayor to say a few words....I can forward some more information at a later date. Sincerely, Brenda Sharp On Thu, Nov 30, 2023 at 11:29 AM Heather Phillips <hphillips@niagarafalls.ca> wrote: Good morning Brenda Thank you kindly for you invitation for Mayor Diodati to attend your event next September. I also thank you for the advance notice! I have put a hold in the Mayor’s calendar for this event and we can again connect when the event gets closer to confirm and work out particulars. Warm regards, Heather Phillips | Scheduler/Executive Assistant | Mayor & CAO’s Office | City of Niagara Falls Page 376 of 500 3 4310 Queen Street | Niagara Falls, ON L2E 6X5 | (905) 356-7521 ext 5101 | hphillips@niagarafalls.ca From: Carey Campbell <ccampbell@niagarafalls.ca> Sent: Monday, November 27, 2023 11:23 AM To: Brenda Sharp <; Jim Diodati <jdiodati@niagarafalls.ca>; Heather Phillips <hphillips@niagarafalls.ca> Subject: RE: [EXTERNAL]-Request to appear at charity fundraiser next year Dear Brenda: Thank you for your email and invitation to Mayor Diodati. I’m putting you in touch, here, with Heather Phillips in our office who manages his schedule. She will let you know his availability to attend. Best regards, carey Carey Campbell | Manager | Office of the Mayor and CAO | City of Niagara Falls 4310 Queen Street | Niagara Falls, ON L2E 6X5 | 905.356.7521 X 4206 | ccampbell@niagarafalls.ca From: Brenda Sharp < Sent: Monday, November 27, 2023 11:16 AM To: Jim Diodati <jdiodati@niagarafalls.ca> Subject: [EXTERNAL]-Request to appear at charity fundraiser next year Good morning Mr. Mayor! My name is Brenda Sharp. We were introduced recently by our mutual friend Paul Eckert at the opening of Lucky 7 in Niagara Falls. I am the trustee for the Facial Pain Research Foundation and the Support Group Leader for the Canadian Trigeminal Neuralgia Association (Niagara). We spoke about the lighting of the arches downtown. Also, I wanted to thank you for providing us a Proclamation on International Trigeminal Neuralgia Awareness Day (Oct 7th). Page 377 of 500 4 I will be hosting a charity fundraiser next year in Niagara Falls. It will be called "Laugh Your Face Off Canada), which coincides with the annual Laugh Your Face Off fundraiser in Chicago. It is a night of comedy and raises funds for our research foundation. Our purpose is to raise money for the Facial Pain Research Foundation to research for a cure for Trigeminal Neuralgia (TN), a facial pain disorder, the most painful disorder known to mankind. I am writing to ask if you could make an appearance at our event and say a few opening words. I would be happy to forward you more information about our cause and our event....... Name of Event: Laugh Your Face Off Canada Date: Friday, September 13, 2024 Location: Club Italia, Niagara Falls, ON Time: 6:30 pm. I would be happy to provide you with 2 free tickets to our event, should you choose to stay. Thank you in advance, Sincerely, Brenda Sharp 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 378 of 500 Legal and Legislative Services May 28, 2024 The Honourable Sylvia Jones, Minister of Health 5th floor, 777 Bay Street Toronto, ON M7A 2J3 Sylvia.Jones@pc.ola.org Honourable and Dear Madam: Re: Continuation of Urgent Care Centre Operation in Fort Eire (& Port Colborne) and Request for Regional Support Please be advised the Municipal Council of the Town of Fort Erie at its meeting of May 27, 2024 passed the following resolution: Whereas Niagara Health has received approval from the Provincial Government to build a new South Niagara Hospital in Niagara Falls that will provide a range of emergency and acute care services, and Whereas the shortage of primary care physicians in Fort Erie results in over 7,000 residents being unattached (unrostered) to a family physician, and Whereas the Fort Erie Urgent Care Centre at Niagara Health’s Douglas Memorial site provides a primary care “safety net” for the community and serves as a first point of health care contact for both attached and unattached residents who cannot receive time -sensitive primary health care, and Whereas the Provincial Government is attempting to reduce EMS offload delays and eliminate hallway medicine arising from low acuity patients who would be better served by primary care physicians or an Urgent Care Centre providing access to the primary care “safety net”, and ../2 Mailing Address: The Corporation of the Town of Fort Erie 1 Municipal Centre Drive, Fort Erie ON L2A 2S6 Office Hours 8:30 a.m. to 4:30 p.m. Phone: (905) 871-1600 FAX: (905) 871-4022 Web-site: www.forterie.ca Page 379 of 500 The Honourable Sylvia Jones, Minister of Health Page two Whereas the viability of the health care and hospital systems in Niagara are dependent on all residents having time-sensitive access to primary health care; Now therefore be it resolved, That: The Town of Fort Erie advocate to the Minister of Health and Niagara Health for a commitment to continue the operation of Urgent Care Centre at Douglas Memorial in Fort Erie following the opening of the South Niagara Hospital as the primary care safety ne t until a viable and sustainable alternative is in place in the community, and further That: This resolution be sent to the Niagara Region and Niagara’s local area municipalities for their support and endorsement. Thank you for your attention to this very important matter and if you have any questions, please contact me. Sincerely, Peter Todd, Manager, Legislative Services / Town Clerk ptodd@forterie.ca PT-dlk c.c. Lynn Guerriero, President, Niagara Health Lynn.Guerriero@niagarahealth.on.ca A. Norio, Clerk, Niagara Region Ann-Marie.Norio@niagararegion.ca Local Area Municipalities Page 380 of 500 May 21, 2024 City of Niagara Falls NPCA Public Advisory Committee Niagara Parks Commission Regional Municipality of Niagara Town of Fort Erie Town of Niagara-on-the-Lake SENT ELECTRONICALLY Resolution No. FA-62-2024 pertaining to Report No. FA-23-24 RE: Niagara River ‘Degradation of Fish and Wildlife Populations’ Beneficial Use Impairment (BUI) Status Assessment At the NPCA Board of Directors meeting held on May 17, 2024, the Board passed the following resolution: Resolution No. FA-61-2024 THAT Report No. FA-23-24 RE: Niagara River ‘Degradation of Fish and Wildlife Populations’ Beneficial Use Impairment (BUI) Status Assessment BE RECEIVED; THAT NPCA's Public Advisory Committee, Niagara Parks Commission, and municipalities adjacent to the Niagara River BE ADVISED; AND FURTHER THAT a report about the final outcome of the BUI status re-designation BE BROUGHT back to the Board. A copy of Report No. FA-23-24 and associated Appendices are enclosed for your reference. Sincerely, Melanie Davis Manager, Office of the CAO & Board Niagara Peninsula Conservation Authority cc: Chandra Sharma, CAO / Secretary - Treasurer Leilani Lee-Yates, A/Director Watershed Strategies & Climate Change Natalie Green, Manager, Climate Change & Special Projects Page 381 of 500 Report FA-23-24 Niagara River ‘Degradation of Fish and Wildlife Populations’ BUI Status Assessment Page 1 of 4 Report To: Board of Directors Subject: Niagara River ‘Degradation of Fish and Wildlife Populations’ Beneficial Use Impairment (BUI) Status Assessment Report No: FA-23-24 Date: May 17, 2024 Recommendation: THAT Report No. FA-23-24 RE: Niagara River ‘Degradation of Fish and Wildlife Populations’ Beneficial Use Impairment (BUI) Status Assessment BE RECEIVED; THAT NPCA's Public Advisory Committee, Niagara Parks Commission, and municipalities adjacent to the Niagara River BE ADVISED; AND FURTHER THAT a report about the final outcome of the BUI status re-designation BE BROUGHT back to the Board. Purpose: The purpose of this report is to inform the NPCA Board of Directors about a recent assessment report which recommends changing the status of the ‘Degradation of Fish and Wildlife Populations’ BUI to Not Impaired. Background: In the late 1980s, the Niagara River was identified by Canada and the U.S. as one of 43 environmentally-degraded locations called Areas of Concern which required a Remedial Action Plan (RAP) to address specific environmental issues. The NPCA, alongside many local partners, continues to make progress on addressing issues pertaining to the water quality and ecosystem health of the Niagara River through the Niagara River RAP program. The program is implemented through a team of various partners and local stakeholders. The RAP tracks the status of fourteen (14) potential environmental challenges called Beneficial Use Impairments (BUIs) that inform actions toward the improvement of environmental, social, or recreational benefits of water. There are currently four (4) remaining on the Canadian side of the Niagara River AOC which are related to fish consumption, habitat, sediment quality, and fish and wildlife populations. Page 382 of 500 Report FA-23-24 Niagara River ‘Degradation of Fish and Wildlife Populations’ BUI Status Assessment Page 2 of 4 On May 19, 2023, the NPCA Board of Directors received a staff presentation and corresponding Report No. FA-20-23 providing a progress update that includes more information about the remaining challenges. Changing the status of a BUI is a tremendous achievement that signals the success of several long-term, collaborative efforts to improve water quality and ecosystem health in the Niagara River. Discussion: Recently, scientists from the Department of Fisheries and Oceans Canada and Environment and Climate Change Canada completed two independent, multi-year research studies examining the Niagara River’s fish community and the health of colonial waterbirds. These studies aimed to monitor the condition of Niagara River fish and wildlife as environmental indicators to better understand if water quality or ecosystem health was impaired. Following the completion of the technical studies, a BUI assessment report was completed to determine if the RAP-established BUI delisting criteria have been met. The purpose of the report is to assess the scientific evidence against the criteria, summarize the studies, and provide a recommendation for the status of the BUI. In brief, the key findings of the assessment report are that: • there is a healthy diversity of fish species in the Niagara River; • the composition of fish species in the upper and lower Niagara River is similar to that of their adjacent Great Lake, indicating no undue local impacts within the Niagara River; • fish population levels support recreational fishing; and • contaminant levels within Niagara River fish-eating colonial waterbird remain stable or have decreased over time and do not affect their populations or ability to reproduce. The report shows that all the established BUI goals have been met. As such, the RAP Team is recommending that the status of the ‘Degradation of Fish and Wildlife Populations’ BUI be changed to Not Impaired. Public Engagement Process As part of the established Niagara River RAP process and through the implementation of a robust engagement plan, the RAP Team is currently seeking input from the public, Indigenous partners, and relevant U.S. counterparts. The engagement period extends over a period of 30-days from April 30, 2024 to May 31, 2024. There are many ways to learn more and get involved by visiting the NPCA’s online engagement portal at: https://getinvolved.npca.ca/niagara-river-fish-wildlife. Interested parties are encouraged to read the BUI assessment report, fill out a brief survey, read Page 383 of 500 Report FA-23-24 Niagara River ‘Degradation of Fish and Wildlife Populations’ BUI Status Assessment Page 3 of 4 frequently asked questions, and leave a comment on our online engagement portal to provide their feedback. In addition, a webinar is planned for May 14 at 7 P.M. during which the lead scientific experts will showcase the research studies that formed the basis of the assessment report and recommendation to change the BUI status. Registration is required to attend the webinar; however, a recording will be available online for future viewing. Next Steps Following the engagement period, the RAP Team will compile all the relevant information and summarize the feedback received into the assessment report. If there is community support for the recommendation to change the status of the ‘Degradation of Fish and Wildlife Populations’ BUI to Not Impaired, the report will be submitted to the Government of Canada and Ontario for final approval and official BUI status re-designation. If approved, the Niagara River RAP Team will have reached another tremendous milestone on the journey to remove the Niagara River from the list of Great Lakes' Areas of Concern and will have three remaining BUIs. Financial Implications: There are no financial implications. The Niagara River Remedial Action Plan program is funded through agreements with Environment and Climate Change Canada and the Ontario Ministry of the Environment, Conservation and Parks. Related Reports & Appendices: FA-20-23 RE: Progress Update for the Niagara River Remedial Action Plan Program (2019-2023) Appendix 1: Assessment of the Degradation of Fish and Wildlife Populations Beneficial Use Impairment (BUI #3) Links to Policy/Strategic Plan: Restoring habitat, water resources, and forest cover is identified as a priority in Goal 1.3 of the NPCA’s 10-year strategic plan. Additionally, the project advances the Niagara River RAP’s water quality and ecosystem health goals, and strengthens relationships with government, academic, and community partners to advance mutual goals, aligning with goals 4.1 and 4.2. Page 384 of 500 Report FA-23-24 Niagara River ‘Degradation of Fish and Wildlife Populations’ BUI Status Assessment Page 4 of 4 Authored by: Original Signed by: Natalie Green, M.Sc., PMP Manager, Climate Change & Special Programs Reviewed by: Original Signed by: Leilani Lee-Yates, BES, MSPL.RPD, MCIP, RPP Director, Planning and Development Interim Director, Watershed Strategies and Climate Change Submitted by: Original Signed by: Chandra Sharma, MCIP, RPP Chief Administrative Officer/Secretary-Treasurer Page 385 of 500 Appendix 1 to Report No. FA-23-24 Assessment of the Degradation of Fish and Wildlife Populations Beneficial Use Impairment (BUI #3) Final Draft 2024 Final draft endorsed by Niagara River Remedial Action Plan Council in March 2024 Suggested citation: Niagara River Remedial Action Plan (NRRAP). 2024. Degradation of Fish and Wildlife Populations Beneficial Use Impairment Assessment Report for the Niagara River (Ontario) Area of Concern. Welland, ON. pp. 23 Page 386 of 500 ACKNOWLEDGMENTS The authors gratefully acknowledge each of the Technical Working Group members (past and current) for contributing their expertise, time, and effort toward to this assessment process including multiple years of monitoring, data analysis, technical report writing, updating delisting criteria, identifying actions, and preparing and editing this assessment report. Thank you to the Niagara River Remedial Action Plan (RAP) Council members for their support and feedback during the development of this document. Special thanks to Mark Filipski, U.S. RAP Coordinator with the New York State Department of Environmental Conservation, for facilitating a data gathering exercise with U.S. technical experts that supported the ‘Degradation of Fish Populations’ section of this report. Technical Working Group members and experts that contributed to this report: Fish Populations Mark Chambers (ECCC) Andrew Drake (DFO) Joad Durst (retired MNRF) Heather Frank (NPCA) Natalie Green (NPCA) Tom MacDougall (MNRF) Stephen Marklevitz (MNRF) Sydney McIntyre (NPCA) Emma Tahirali (MECP) Cheriene Vieira (retired MECP) Wildlife Populations Amanda Bichel (Birds Canada) Corey Burant (Niagara Parks) Mark Chambers (ECCC) Shane de Solla (ECCC) Natalie Green (NPCA) Pam Martin (retired ECCC) Jacob Orlandi (MNO) Derrick Pont (MNO) Cheriene Vieira (retired MECP) U.S. Technical Experts Christopher Driscoll (NYSDEC) Mark Filipski (NYSDEC) Dimitry Gorsky (USFWS) Ontario Technical Experts David Denyes (MNRF) Kim Frolich (NPCA) Jake Larose (MNRF) Page 387 of 500 TABLE OF CONTENTS EXECUTIVE SUMMARY .................................................................................................................... 1 INTRODUCTION ............................................................................................................................... 2 PURPOSE ......................................................................................................................................... 3 BUI Delisting Criteria ....................................................................................................................... 3 ASSESSMENT OF FISH POPULATIONS BUI CRITERION .................................................................... 4 Background ................................................................................................................................. 4 Summary of Relevant Studies ..................................................................................................... 5 Key Findings & Conclusion .......................................................................................................... 7 ASSESSMENT OF WILDLIFE POPULATIONS BUI CRITERIA ............................................................... 8 Background ................................................................................................................................. 8 Summary of relevant studies ...................................................................................................... 9 Key Findings & Conclusion ........................................................................................................ 10 RECOMMENDATION ..................................................................................................................... 10 REFERENCES .................................................................................................................................. 12 Appendix 1: List of completed actions .......................................................................................... 14 Appendix 2: List of relevant existing monitoring programs ......................................................... 15 Appendix 3: DFO Technical report on Niagara River fish communities ....................................... 18 Appendix 4: Analysis expected vs. Observed Niagara River Fishes ............................................ 102 Appendix 5: Long-Term Wildlife Monitoring Plan for the Niagara River (ON) Area of Concern 131 Appendix 6: Colonial Waterbird Populations and Current Trends report 2020 ......................... 146 Page 388 of 500 1 EXECUTIVE SUMMARY In the late 1980s, the Niagara River was identified as an Area of Concern, one of several degraded Great Lakes locations requiring effort to restore and improve its water quality and ecosystem health. The Degradation of Fish and Wildlife Populations Beneficial Use Impairment (BUI) is one of 14 potential impairments identified in the Canada-U.S. Great Lakes Water Quality Agreement used to address human-induced, legacy pollution issues that negatively impact the biological, chemical, and physical integrity of the Great Lakes. This BUI was designated ‘impaired’ on the Canadian side of the Niagara River AOC in the Stage 1 and Stage 2 Remedial Action Plan (RAP) reports, released in 1993 and 1995 respectively. The BUI was also designated impaired on the U.S. side of the AOC1. Following years of improvements to the Niagara River ecosystem, several comprehensive studies were undertaken to determine the current status of the Niagara River as it pertains to health and condition of fish and aquatic wildlife. The studies included a seasonal three-year Niagara River fish community study, an expert survey of fisheries professionals from both the U.S. and Canada, recreational fishing surveys, and long-term colonial waterbird monitoring. Based on the results of these studies that conclude the BUI delisting criteria have been met , in addition to a commitment for other long-term monitoring actions, the Niagara River Remedial Action Plan (NRRAP) team recommends changing the status of the Degradation of Fish and Wildlife Populations BUI for the Canadian side of the Niagara River AOC to ‘NOT IMPAIRED’. This report presents the most recent scientific information and expert opinion used to assess the status of the BUI against the established delisting criteria. Below is a summary of the results of this assessment: BUI Delisting Criteria: Result • multiple lines of evidence indicate similarity between the Niagara River fish community and expectations based on the adjoining Great Lakes; • a monitoring plan is developed and there is a commitment confirmed by local partners for long-term implementation at suitable wetland sites along the Upper Niagara River; • breeding colonial waterbird populations within the Niagara River AOC are the same as (or better than) suitable reference sites; • temporal trends in contaminant concentrations in eggs, tissues, or whole-body burden of sentinel species in the Niagara River AOC are stable or declining; • spatial comparisons show that contaminant concentrations in eggs, tissues, or whole-body burden of sentinel species in the Niagara River AOC are the same as (or better than) suitable reference sites; • If the temporal or spatial contaminant concentrations above are not met, then they must not exceed established thresholds associated with potential population - level effects (i.e., reproductive impacts). 1 https://www.epa.gov/great-lakes-aocs/niagara-river-aoc-0 Page 389 of 500 2 INTRODUCTION The Niagara River is a 58-kilometre bi-national connecting channel flowing from Lake Erie to Lake Ontario that supports complex and diverse ecosystems. With hundreds of bird species relying on the Niagara River for migration and breeding, it was designated an Important Bird and Biodiversity Area in the 1990s. In addition, the river provides important aquatic habitat for a diversity of fishes and contributes to world-class fisheries. The Niagara River is known for its noticeable drop in elevation resulting in the Niagara Falls that span both sides of the border. This unique natural feature gave rise to hydroelectric power generation and led to significant industrial and residential development in the area, particularly on the New York side. By the early 1900s, numerous pollution problems were documented as a result of industrial activities, because at that time there lacked environmental knowledge and regulations that exist today. As a result of decades of water quality issues, the Niagara River was listed as one of 43 Great Lakes Areas of Concern (AOC) in 1987 through the Canada-U.S. Great Lakes Water Quality Agreement (GLWQA). The GLWQA is the document through which Canada and United States commit to maintaining and restoring the environmental integrity of the waters of the Great Lakes. Through the GLWQA, a Remedial Action Plan (RAP) is required in each AOC to address ecosystem health and water quality impairments, termed Beneficial Use Impairments (BUIs). The goal of a RAP is not to restore the river to a pristine, pre-settlement state. Rather, the achievement of BUI restoration goals (delisting criteria) means the environmental state of the Niagara River is improved —and no longer worse than other Great Lakes locations. The BUIs are used as ecosystem indicators to focus monitoring activities and remedial action efforts such as pollution abatement and habitat restoration. The Degradation of Fish and Wildlife Populations BUI is an environmental indicator 2 intended to understand the condition and impacts of legacy issues (e.g., water and/or sediment pollution) on the overall health of fish and aquatic wildlife that rely on the waters of the Niagara River for breeding and feeding, such as colonial, fish-eating waterbirds and marsh-dependent birds. Individual fish and wildlife organisms consistently exposed to elevated levels of pollutants can develop diseases, deformities, or other health issues that can affect their survival, growth, and ability to reproduce; subsequently leading to population-level impacts. For example, pollution may reduce numbers of certain sensitive fish species or result in a community structure with increased proportions of pollution-tolerant species, with fewer top predators and trophic specialists. Understanding the extent and potential for population-level effects from Niagara River AOC legacy pollution is integral in making meaningful progress towards ecosystem improvements that support healthy fish and wildlife populations. 2 The Niagara River Remedial Action Plan (RAP) has historically divided this indicator into two separate sub -BUIs focused on either fish or wildlife populations with their own specific delisting criteria and assessed individually. Page 390 of 500 3 PURPOSE The purpose of this report is to highlight the completed actions (refer to Appendix 1) and summarize the most recent scientific information and expert opinion to assess the status of the Degradation of Fish and Wildlife Populations BUI for the Canadian side of the Niagara River AOC. BUI DELISTING CRITERIA As part of the Niagara River RAP’s 5-year Delisting Strategy (Green et al. 2021), updated BUI delisting criteria were developed with community participation, and targeted remediation and monitoring actions were identified to make progress on achieving overall ecosystem health of the Niagara River. The delisting criteria state that the Degradation of Fish and Wildlife Populations BUI will no longer be impaired when: 1a) multiple lines of evidence indicate similarity between the Niagara River fish community and expectations based on the adjoining Great Lakes; AND 1b) a monitoring plan is developed and there is a commitment confirmed by local partners for long-term implementation at suitable wetland sites along the Upper Niagara River; AND 2) breeding colonial waterbird populations within the Niagara River AOC are the same as (or better than) suitable reference sites; AND 3a) temporal trends in contaminant concentrations in eggs, tissues, or whole-body burden of sentinel species in the Niagara River AOC are stable or declining; AND 3b) spatial comparisons show that contaminant concentrations in eggs, tissues, or whole-body burden of sentinel species in the Niagara River AOC are the same as (or better than) suitable reference sites; OR 3c) If the contaminant concentrations in 3a or 3b are not met, then they must not exceed established thresholds associated with potential population-level effects (i.e., reproductive impacts). When relevant remedial actions are complete and scientific evidence through a BUI assessment shows these delisting criteria have been met, the RAP Team prepares a recommendation to redesignate the status of the applicable BUI. More information about the rationale and explanation of terminology used in the BUI delisting criteria is provided in detail in the Niagara River Delisting Strategy3. 3 http://ourniagarariver.ca/wp-content/uploads/2021/05/Niagara-River-Area-of-Concern-Delisting-Strategy-FINAL-May-2021.pdf Page 391 of 500 4 ASSESSMENT OF FISH POPULATIONS BUI CRITERION Background Overview of fish communities in the Niagara River The Niagara River supports two geographically separated fish communities in the Upper and Lower sections of the river, which are divided by Niagara Falls. The Lower Niagara River (i.e., downstream of the Niagara Falls to Lake Ontario) supports a cold, cool, and warmwater fish community that is similar to that found in Lake Ontario. Angler harvest in the lower river is dominated by Rainbow Trout (Oncorhynchus mykiss), Lake Trout (Salvelinus namaycush), Coho Salmon (Oncorhynchus kisutch), and White Bass (Morone chrysops) with notable catches of Yellow Perch (Perca flavescens), Freshwater Drum (Aplodinotus grunniens) and Rock Bass (Ambloplites rupestris). Similarly, the Upper Niagara River (Lake Erie upstream of the Niagara Falls) reflects the fish community in adjoining Lake Erie with angler harvest dominated by Smallmouth Bass (Micropterus dolomieu), Yellow Perch, Rock Bass, Rainbow Smelt (Osmerus mordax), Walleye (Sander vitreus) and White Bass. History of Fish Populations BUI Status The status of the fish populations portion of the BUI in the Niagara River has been inconsistent over time. In the 1993 Stage 1 RAP Report (NRRAP 1993a), fish populations in the Niagara River were noted as generally not degraded and reflected those in the nearby Great Lakes. The report indicated that the Niagara River AOC supported a vibrant sport fishery with an impressive array of fish species, but also described reduced populations of certain species in the Upper Niagara River (i.e., Lake Sturgeon, Emerald Shiner, Northern Pike), which led to conflicting conclusions on the state of the Niagara River fish community at that time. These anecdotal observations along with concerns in the Welland River, a tributary of the Niagara River, resulted in an ‘Impaired’ status for this indicator on the Canadian side of the AOC. Despite some limited monitoring efforts on the Niagara River proper between 1997-2011, the status of the BUI remained ‘Impaired’ on the Canadian side of the AOC largely due to the conditions of the fish populations in the Welland River. During this time, extensive monitoring and remediation efforts (e.g., removal of fish barriers) were implemented in the Welland River watershed. Before 2012, the AOC included the Niagara River proper as well as the entire watershed , making these prior concerns from the Welland River relevant in the BUI impairment status. In 2012, the scope of the GLWQA was clarified and stated that the BUIs apply to the “Waters of the Great Lakes”, which resulted in a need to re-examine the status of the Fish Populations BUI in the context of the Niagara River proper. Recent studies were intended to address information gaps and apply an appropriate scientific approach to assessing the current status of the BUI. Known Challenges & Limitations The main limitation for evaluating the status of fish populations in the Niagara River has been the practical challenges of sampling the river. Assessing fish communities using standard fisheries techniques such as electrofishing, gillnetting, and trawling have proven to be difficult in the deep, fast- Page 392 of 500 5 flowing waters of connecting channels (e.g., St. Clair River, Detroit River and Niagara River) (OMNRF 2020). In the Niagara River, sampling is further limited by large sections of river that are unsafe due to currents and natural hazards (e.g., immediately above and below the Niagara Falls and the whirlpools). These sampling challenges have resulted in an inability to consistently monitor the fish community and help explain the lack of robust historical fish community data from the river. In addition, the Niagara River faces non-AOC specific pressures/challenges experienced across the Great Lakes basin, including impacts from invasive species, broadscale land use changes, and climate change. For example, invasive species including Dreissenid spp. mussels, Round Goby (Neogobius melanostomus) and Common Reed (Phragmites australis) cause impacts to native species and habitats across the Great Lakes. These pressures, although important as part of ecosystem health, are not specific nor unique to the Niagara River. These broad-scale challenges are addressed in other existing, ongoing programs that will continue beyond the scope of the Niagara River RAP. A full list of relevant monitoring programs can be found in Appendix 2. To overcome these challenges, an approach to determining the BUI status was developed that compared the composition of fish species that would be expected in an unimpaired Niagara River ecosystem - a function of species available from Great Lakes species pool - to the species currently found through agency sampling. With this approach, a large number of missing species may indicate potential impairment; whereas compositional similarity between expected and observed species would indicate a lack of impairment. Summary of Relevant Studies Niagara River Fish Community Monitoring (2015-2017) Fisheries and Oceans Canada (DFO) designed and conducted a comprehensive nearshore fish community assessment in the Niagara River between 2015 and 2017 (Gáspárdy et al. 2020; Lamothe et al. 2020). The goal of the survey was to resample areas fished by the Ontario Ministry of Natural Resources and Forestry (MNRF) in 2004 and 2008 (Yagi & Blott 2012). DFO sampling used boat electrofishing techniques to evaluate seasonal fish community composition (occurrence and relative abundance of fish species) at 10 sites through the river (6 Upper Niagara River, 4 Lower Niagara River). DFO’s 3-year fish sampling effort captured 41,365 fishes representing 65 species (Gáspárdy et al. 2020; Lamothe et al. 2020). Three species made up 60% of the total catch across all sampling events: White Sucker (Catostomus commersonii; 26.47%), Emerald Shiner (Notropis atherinoides; 21.07%), and Yellow Perch (12.42%). Eight species were only captured in the Lower Niagara River, including Silver Redhorse (Moxostoma anisurum), American Eel (Anguilla rostrata), Sea Lamprey (Petromyzon marinus), and several salmonid species (Coho Salmon, Chinook Salmon, Atlantic Salmon (Salmo salar), and Lake Trout). Species captured only in the Upper Niagara River included White Crappie (Pomoxis annularis), American Brook Lamprey (Lethenteron appendix), Trout-Perch (Percopsis omiscomaycus), Rainbow Darter (Etheostoma caeruleum) and Johnny Darter (Etheostoma nigrum). Refer to Appendix 3 for the full data report of DFO sampling results. Page 393 of 500 6 Analysis of observed versus expected fish species in the Niagara River (2019) Based on the premise that the fish species occurring in a healthy Niagara River should be similar to the species composition in the adjacent Great Lakes (after correcting for non-riverine, geographically distinct, rare, or habitat-specialist species), a list of species present in the Lake Erie and Ontario drainages was created, based on Roth et al. (2012). Of the base pool of species from the Lake Ontario (123 fish species) and Lake Erie (134 fish species) drainages, it was recognized that only a subset of species would be expected in an unimpaired Niagara River due to the species’ habitat requirements, rarity, life history, and geographic proximity to the river (Drake et al. in prep.). Using these criteria, 74 and 67 fish species were expected to be present in the Upper and Lower Niagara River, respectively. Given that the multi-year DFO electrofishing survey (Gáspárdy et al. 2020) used a single gear to sample and determine the composition and relative abundance of the fish community, it did not necessarily detect all fish species occurring in the river. Therefore, a list of observed species in the Niagara River was developed by combining the DFO sampling results with recent catch records in scientific literature, ongoing studies, and other recent agency assessments. Together, this was used to develop a list of observed species over the recent 10-year sampling interval. In total, the list of observed fish species (using results from DFO sampling together with recent (10 year) catch records from the scientific literature, ongoing studies, and other U.S. and Canada agency assessments, regardless of fishing gear used) indicated 76 fish species detected in the Upper Niagara River and 68 fish species detected in the Lower Niagara River. Of the subset of species that were expected, 70 species were detected in the Upper Niagara River (indicating 95% compositional similarity with 74 expected) and 65 species detected in the Lower Niagara River (indicating 97% compositional similarity with 67 expected; Drake et al. in prep). Moreover, in both cases, the total number of fish species detected was greater than those expected because some species were detected that were not expected, and assumed to occupy the Niagara River sporadically despite overall habitat limitations. Collectively, the results do not indicate signs of fish community impairment because : a) only a few species expected were not detected (e.g., Lower Niagara River: Silver Lamprey, Brindled Madtom); and b) these species likely exist in the river but remain undetected due to specialized sampling techniques that are difficult to implement in the river. Refer to Appendix 4 for a detailed summary of observed versus expected species. Recreational Fishing in the Niagara River (2020) A recreational fishing survey conducted by MNRF in 2020 provides valuable insight into the significance and value of Niagara River fisheries (Hunt et al. 2023). The 2020 survey used the same methodology and was complementary to previous DFO/MNRF collaborative Recreational fishery surveys completed in 2010 and 2015. The 2020 Ontario survey analyzed data on a finer spatial scale, and for the first time, provided the ability to compare the Upper and Lower Niagara River to other waterbodies across the province. Page 394 of 500 7 While fishing activity and total number of fish caught in the Upper and Lower Niagara River did not exceed those observed in neighbouring waterbodies (i.e., Lake Erie and Lake Ontario) or similar nearby waterbodies (e.g., Detroit River, St. Clair River, the Bay of Quinte, St. Lawrence River, and Lake St. Francis)4 , the survey demonstrated that the Niagara River supports provincially valuable fisheries. Notably, Smallmouth Bass in the Upper Niagara River and Rainbow Trout and Lake Trout in the Lower Niagara River. The catches in each of these fisheries exceeded by ~two or more times, those observed in neighbouring or similar nearby water bodies. Walleye (Sander vitreus) catches in the Upper Niagara River were similar to those observed in Lake Erie’s eastern basin and the Bay of Quinte. The collective Muskellunge (Esox masquinongy) catches throughout the river (i.e., 700 fish) were similar to ‘Musky’ fisheries in the Detroit River and Lake St. Francis (approx. 500 fish, respectively), two known popular Muskellunge fisheries. Results from the 2020 recreational fishing survey suggest that the Niagara River fish populations are healthy and demonstrate that beneficial uses of the river through recreational fishing opportunities are comparable to locations across the province. Key Findings & Conclusion In summary, multiple lines of evidence indicate fish populations in the Niagara River are healthy and are not impaired by the historic human-induced legacy pollution issues and habitat degradation. These multiple lines of evidence include: • The fish communities of the Upper and Lower Niagara River show strong compositional, functional, and trophic similarities to the fish communities that would be expected based on the species pool in the corresponding Great Lakes. • The expected species are in fact present in the Upper and Lower Niagara River, and span unique life history and habitat requirements, including those of two species of conservation concern: Grass Pickerel (Esox americanus vermiculatus) and the American Eel (Anguilla rostrata). • The fish populations in the Upper and Lower Niagara River are providing beneficial uses through recreational fishing opportunities in ways that are comparable to locations across the province. Based on these lines of evidence, fish populations do not show signs of impairment which indicates that criterion 1a has been met. 4 While these locations are also considered AOCs, they are the most functionally similar to the Niagara River connecting channel, are the most suitable for comparison, and are all in the process of re-designating their fish population BUIs. Page 395 of 500 8 ASSESSMENT OF WILDLIFE POPULATIONS BUI CRITERIA Background Overview of Niagara River wildlife populations The Niagara River corridor is an important area that supports various wildlife species including hundreds of species of birds that rely on its waters for migration, overwintering habitat, breeding, and feeding. At least six waterbird species congregate in the Niagara River corridor in globally significant numbers based on single day surveys, including Canvasback (Aythya valisineria), Greater Scaup (Aythya marila), Red-breasted Merganser (Mergus serrator), Bonaparte’s Gull (Chroicocephalus philadelphia), Herring Gull (Larus argentatus), and Ring-billed Gull (Larus delawarensis). In fact, the Niagara River was designated an Important Bird and Biodiversity Area in the 1990s namely because it supports up to 25% of the global population of Bonaparte’s Gull. The wildlife portion of the BUI is focused on specific aquatic wildlife species that spend most (or all) of their lives near water and rely on the Niagara River for breeding and feeding, such as colonial waterbirds, marsh-dependent birds, and amphibians. This close connection to the aquatic environment is vital in understanding whether the Niagara River’s water quality (i.e., due to legacy pollutants such as polychlorinated biphenyls [PCBs] and mercury) is impacting the biological integrity of organisms within the aquatic ecosystem. Two colonial waterbird species that breed and forage within the Niagara River AOC selected for this BUI assessment are Herring Gull and Double-crested Cormorant (Phalacrocorax auritus). These colonial waterbirds are important because they are top predators in the food web, they nest in colonies near water, and obtain almost all of their food (fish and aquatic invertebrates) from the water (USFWS 2002). The Herring Gull has been used as an indicator species in Great Lakes environmental monitoring for decades, which allows for the study of change over time. History of Wildlife Populations BUI Status When the Niagara River was first listed as an AOC, the status of wildlife populations was considered ‘Unknown’ as there was limited information available (NRRAP 1993a). The Stage 1 RAP Report (1993a) noted that while the Niagara Peninsula had a wide diversity of bird species, a number of wildlife species were endangered or extinct. However, the threats leading to the endangered or extinct status were widespread across the developed portion of Ontario, not specifically linked to issues in AOCs. A follow- up to the RAP Stage 1 Report noted that long-term contaminant data (1977-1990) in colonial waterbird eggs showed declining trends, and that the number of nests were increasing (NRRAP 1993b). Despite evidence suggesting improved health of colonial waterbirds nesting within the Niagara River, the wildlife BUI status was changed from ‘Unknown’ to ‘Impaired’ through the completion of the RAP Stage 2 Update Report (NRRAP 2009). Page 396 of 500 9 Summary of relevant studies Long-term Wildlife Monitoring Plan The Great Lakes Marsh Monitoring Program (GLMMP) was established in 1995 as a partnership between Birds Canada, ECCC, and the U.S. Environmental Protection Agency. The program focuses on marshes in the Great Lakes basin with a special emphasis on coastal Great Lakes marshes since many of these locations experienced declines in health due to heavy pollution and development (Birds Canada 2009). Given the Niagara River’s unique natural features and its fast-flowing waters, it does not support the typical marsh-type habitats used by the GLMMP (Bichel 2022). Since 2016, seven coastal wetland habitat restoration projects, as well as an addition wetland project at Gonder’s Flats, have been completed by NRRAP partners along the Canadian side of the Upper Niagara River. While these sites are vegetated and beginning to establish, only one (Gonder’s Flats) meets the GLMMP site criteria. As such, a different approach and appropriate monitoring sites were needed to understand and assess wildlife in the Niagara River. In 2022, a Long-Term Wildlife Monitoring Plan was prepared for the Niagara River AOC by Birds Canada in collaboration with staff from the Niagara Peninsula Conservation Authority (NPCA) and Niagara Parks Commission (NPC) (Bichel 2022). The plan outlines the implementation of repeatable, annual surveys using established methodology easily conducted by staff or community volunteers to monitor presence/absence of breeding bird species at four Upper Niagara River Sites (Ussher’s Creek, Baker’s Creek, Service Road 3, and Frenchman’s Creek), as well as the presence of breeding amphibian species at two Upper Niagara River sites (Gonder’s Flat’s and Dufferin Islands) over time. The monitoring is being implemented by relevant partners through existing organizational, environmental strategies beyond the scope and life of the RAP. Refer to Appendix 5 for more information. Colonial waterbird populations and current trends 2018-2019 Since the 1970s, scientists from ECCC have been monitoring spatial and temporal contaminant trends, and nest counts in Great Lakes colonial waterbirds as part of its Great Lakes Herring Gull Contaminant Monitoring program. The NRRAP Team identified the need to update monitoring efforts to validate earlier evidence of improving contaminants trends and nest counts of colonial waterbirds in the Niagara River AOC. As a result, ECCC conducted a 2-year study (2018-2019) examining nest counts of colonial waterbird populations in the Niagara River AOC, as well as the spatial and temporal trends for a suite of historic, relevant contaminants (e.g., polychlorinated biphenyls (PCBs), mercury, organochlorine compounds, and polybrominated diphenyl ethers (PBDEs)) (Hughes et al. 2020). There were two components to the assessment of colonial waterbird populations. First, a laboratory incubation of cormorant eggs to assess embryonic viability and deformity frequencies. Second, an analysis of contaminants in gull and cormorant eggs to evaluate spatial and temporal trends against thresholds with established population-level effects. Gull and cormorant eggs were collected from the Buffalo Harbour (U.S.) and appropriate reference sites in eastern Lake Erie to complement previous long-term monitoring within the Niagara River AOC at the “Weseloh Rocks”. From 1979 to 2017, the Page 397 of 500 10 annual collections of Herring Gull eggs for the monitoring program were conducted at Weseloh Rocks near the top of the Niagara Falls, but record-breaking high-water levels at this site in 2018 and 2019 reduced nesting habitat available for Herring Gulls (as ground-nesters) compared to earlier years. Therefore, new sampling sites near the Buffalo Harbor were sampled in 2018 and 2019. Nesting locations at Mohawk Island and Port Colborne in the eastern basin of Lake Erie were used as reference sites in the study. Refer to Appendix 6 for the full technical report. Key Findings & Conclusion In conclusion, a monitoring plan is in place and there is a confirmed commitment by local partners for its long-term implementation at suitable wetland sites along the Upper Niagara River. Criterion 1B has been met. Additionally, results from the ECCC colonial waterbirds study indicate stable or decreasing contaminants levels in the AOC over time that are similar to reference locations and have minimal potential impacts on reproduction and survival rates of colonial waterbirds in the Niagara River AOC. Specific findings related to the BUI delisting criteria are: •Egg viability was similar in cormorant eggs collected from Buffalo Harbor (85%) and the reference colony (80%) following artificial incubation in the two study years . Egg viability in cormorants was considered to be not impaired. Criterion 2 has been met. •Based on long-term collections of Herring Gull eggs from Weseloh Rocks and recent egg collections from another colony within the AOC at Buffalo Harbor, temporal trends in contaminant levels indicate that concentrations have declined (for PCBs) or are stable (for mercury) between the late 1970s/early 1980s to 2019. Criteria 3A has been met. •Spatial comparisons indicate that the majority of contaminant concentrations (except mercury) in eggs under the influence of the AOC are the same as those at the upstream reference site and outside of the influence of the AOC. Criterion 3B has been met, except for mercury. •For mercury, higher concentrations were found in gull eggs from the AOC colony compared to the reference colony; however, mercury burdens were well below those associated with population-level effects in colonial waterbirds. Criterion 3C has been met. This assessment shows that all wildlife-related BUI delisting criteria have been met. RECOMMENDATION This report outlines multiple studies used to assess the status of fish populations and wildlife populations in the Niagara River AOC. The lines of scientific evidence indicate all delisting criteria for the Degradation of Fish and Wildlife Populations BUI have been met, and all relevant remaining actions under the RAP have been completed. Therefore, the Niagara River RAP Team recommends that the Page 398 of 500 11 status of the Degradation of Fish and Wildlife Populations BUI for the Canadian side of the Niagara River be officially changed to ‘NOT IMPAIRED’. Page 399 of 500 May 28, 2024 City of Hamilton Haldimand County Regional Municipality of Niagara Local Area Municipalities SENT ELECTRONICALLY Report No. FA-27-24 RE: NPCA Comments on Proposed Regulation Detailing Minister’s Permit and Review Powers – ERO Posting 019-8320 At the Board of Directors meeting held on May 17, 2024, the following resolution was passed: Resolution No. FA-65-2024 THAT Report No. FA-27-24 RE: NPCA Comments on Proposed Regulation Detailing Minister’s Permit and Review Powers – ERO Posting 019-8320 BE RECEIVED for information; AND FURTHER THAT Report No. FA-27-24 BE CIRCULATED to upper-tier and lower-tier municipalities in Niagara Region, the City of Hamilton, and Haldimand County for their information. A copy of Report No. FA-27-24 and the Appendix are enclosed for your reference. Sincerely, Melanie Davis Manager, Office of the CAO & Board Niagara Peninsula Conservation Authority cc: Chandra Sharma, CAO / Secretary - Treasurer Leilani Lee-Yates, Director, Planning & Development David Deluce, Senior Manager, Environmental Policy & Planning Page 400 of 500 Report No. FA-27-24 NPCA Comments on Proposed Regulation Detailing Minister’s Permit and Review Powers – ERO Posting 019-8320 Page 1 of 5 Report To: Board of Directors Subject: NPCA Comments on Proposed Regulation Detailing Minister’s Permit and Review Powers – ERO Posting 019-8320 Report No: FA-27-24 Date: May 17, 2024 ______________________________________________________________________________ Recommendation: THAT Report No. FA-27-24 RE: NPCA Comments on Proposed Regulation Detailing Minister’s Permit and Review Powers – ERO Posting 019-8320 BE RECEIVED for information; AND FURTHER THAT Report No. FA-27-24 BE CIRCULATED to upper-tier and lower-tier municipalities in Niagara Region, the City of Hamilton, and Haldimand County for their information. Purpose: The purpose of this report is to update the Board on staffs’ comments submitted to the Environmental Registry of Ontario (ERO) regarding Proposed Regulation Detailing Minister’s Permit and Review Powers. Background: On April 1, 2024 several amended sections of the Conservation Authorities Act received proclamation and took effect. These included the new Section 28.1.1 Permits issued by Minster, and Subsection 28.1(8) Request for Minister’s review. Section 28.1.1 allows the Minister of Natural Resources and Forestry (the Minister) to issue an order directing a conservation authority not to issue a permit and, if an order is made, give the Minister the power to issue a permit in place of the conservation authority. Subsection 28.1(8) allows a permit applicant to submit a request to the Minister to review a conservation authority’s decision to refuse a permit or any conditions imposed by the Page 401 of 500 Report No. FA-27-24 NPCA Comments on Proposed Regulation Detailing Minister’s Permit and Review Powers – ERO Posting 019-8320 Page 2 of 5 conservation authority. An enabling regulation is required before the new ministerial powers can be used. The Government of Ontario posted notice 019-8320 to the ERO on April 5, 2024, providing details about the circumstances under which the Minister may issue an order to prevent a conservation authority from making a permitting decision, make the permitting decision in place of a conservation authority, or may undertake a review of a conservation authority permitting decision. The ERO posting was open for 31 days, closing on May 6, 2024. Staff submitted comments to the ERO outlining our concerns and provided recommendations for the province’s consideration. Discussion: The ERO posting provided general descriptions of the additional requirements of Section 28.1.1 that would be included in the new regulation. This includes: • “The Minister may make an order to prevent a conservation authority from making a permitting decision and take over the permitting process only if the development activity or type or class of permits pertains to or supports a specified provincial interest, including: o Housing (community, affordable and market-based) o Community services (health, long-term care, education, recreation socio- cultural, security and safety, environment) o Transportation infrastructure o Buildings that facilitate economic development or employment o Mixed use developments • If a proponent wishes to petition the Minister to issue an order, the proponent must submit a request to the Minister that would include information on: o Overview of proposed development. o Why the Minister’s involvement is requested (e.g., development of provincial interest, timing/urgency; permitting process to date if applicable; other barriers) and preferable to the standard process in the Conservation Authorities Act. o Indication of whether the local municipality has endorsed the project and the request for Minister’s involvement (e.g., by municipal letter or resolution). o Status of other required project approvals including the extent of any engagement with the conservation authority in the permitting process that the applicant has had to date.” In the absence of specific details or a draft regulation, it is unclear how the new regulation will be administered and what role conservation authorities may have in administering the Page 402 of 500 Report No. FA-27-24 NPCA Comments on Proposed Regulation Detailing Minister’s Permit and Review Powers – ERO Posting 019-8320 Page 3 of 5 regulation. NPCA staff have taken care to coordinate our comments with Conservation Ontario and partner conservation authorities to ensure consistency to the extent possible. NPCA staff comments and recommendations are included in Appendix 1. Notable concerns NPCA staff highlighted include: • The suggested categories of provincial interest are broad and may result in numerous requests that may conflict with provincial interest in protecting people and property from natural hazards. A potential high volume of requests may affect MNRF’s ability to process the requests in a timely manner. • Caution is warranted in choosing third party providers to inform the Minister’s decision on permits. These providers may have perceived or real conflicts of interest with working for both private interests and the Province. The NPCA recommends the MNRF establish a multi-disciplinary Minister’s technical advisory committee to provide recommendations to the Minister when issuing permits or reviewing conservation authority permitting decisions. • What/who’s data and mapping will be used to evaluate permit requests? It is unclear how the Minister would review and make decisions on applications in the absence of conservation authority policies and tools (e.g. procedure documents, mapping, and modelling). • How does the province intend to ensure compliance with a Minister’s permit? The amended Conservation Authorities Act and regulatory proposal purports to have conservation authorities undertake compliance and enforcement activities with permits issued by the Minister. Without conservation authority involvement in the review and approval process, it is difficult to anticipate enforcement and compliance staff resources necessary for permits issued by the Minister. • Who will be liable for any losses or damages resulting from a Minister’s permit? Where the Minister’s decisions are inconsistent with conservation authority Board- approved policies or conservation authority natural hazard mapping and modelling, the liability for such decisions remains with the issuing body (the Minister). Conservation authorities are not liable for decisions made under the Conservation Authorities Act by another body that may result in losses or damages. Staff have provided five recommendations to the Province, which are fully detailed in Appendix 1: 1. Pause finalization of the Regulation to engage with Conservation Authority and Municipal representatives. Page 403 of 500 Report No. FA-27-24 NPCA Comments on Proposed Regulation Detailing Minister’s Permit and Review Powers – ERO Posting 019-8320 Page 4 of 5 2. Further scope criteria for considering if proposed development activity supports provincial interest. 3. Decisions by the Minister should be based on sound and reliable science, data, mapping, and technical guidance prepared by Conservation Authorities through natural hazard and watershed programs. 4. Early and ongoing engagement with Conservation Authorities and Municipalities throughout the Minister’s review/permit process. 5. MNRF should be fully responsible and accountable for losses or damages arising from Minister’s decisions on permits. The details regarding these new ministerial powers must be carefully developed to ensure Minister’s decision making on permits remain technical, apolitical, and integrates a watershed perspective to natural hazard management to continue protecting the public, properties, and infrastructure. Staff will continue to follow this regulatory proposal and update the Board on the decision of the Province. Financial Implications: There are no financial implications to this report. Should the proposed Regulation come into force, NPCA staff will monitor ministerial permit reviews and approvals within our watershed jurisdiction to determine any financial implications due to resulting losses in permit fee revenue. Links to Policy/Strategic Plan Reviewing and commenting on ERO postings related to the NPCA’s Section 28.1 Permitting function aligns with the NPCA’s 10-year Strategic Plan goals to protect people and properties from natural hazards and climate impacts. Related Reports and Appendices: Appendix 1: NPCA Staff Comments on ERO Posting 019-8320. Authored by: Original Signed by: David Deluce, MCIP, RPP Senior Manager, Environmental Planning & Policy Page 404 of 500 Report No. FA-27-24 NPCA Comments on Proposed Regulation Detailing Minister’s Permit and Review Powers – ERO Posting 019-8320 Page 5 of 5 Reviewed by: Original Signed by: Leilani Lee-Yates, MCIP, RPP Director, Planning and Development Submitted by: Original Signed by: Chandra Sharma, MCIP, RPP Chief Administrative Officer/Secretary-Treasurer Page 405 of 500 May 6, 2024 Via Email Only Ministry of Natural Resources and Forestry - Resources Development Section 300 Water Steet 2nd Floor South Peterborough, ON K9J 3C7 To Whom it May Concern: Re: Niagara Peninsula Conservation Authority (NPCA) Comments ERO Posting 019-8320 Regulation detailing new Minister’s Permit and Review powers under the Conservation Authorities Act The Ministry of Natural Resources and Forestry (MNRF) is proposing a regulation that would set out the circumstances in which the Minister could: 1.Issue an order to prevent a conservation authority (CA) from issuing a permit and to take over the permitting process in place of a CA, and 2.Review a CA permit decision at the request of an applicant. These are newly proclaimed powers in the Conservation Authorities Act (CA Act) that took effect on April 1, 2024. We thank the MNRF for providing an opportunity to comment on this proposal and offer the following comments. The posting notes the proposed additional requirements of Section 28.1.1 that would be set out in the new regulation. These include: •The Minister may make an order to prevent a CA from making a permitting decision and take over the permitting process only if the development activity or type or class of permits pertains to or supports a specified provincial interest, including: o Housing (community, affordable and market-based) o Community services (health, long-term care, education, recreation socio-cultural, security and safety, environment) o Transportation infrastructure o Buildings that facilitate economic development or employment o Mixed use developments •If a proponent wishes to petition the Minister to issue an order, the proponent must submit a request to the Minister that would include information on: Page 406 of 500 o Overview of proposed development. o Why the Minister’s involvement is requested (e.g., development of provincial interest, timing/urgency; permitting process to date if applicable; other barriers) and preferable to the standard process in the CA Act. o Indication of whether the local municipality has endorsed the project and the request for Minister’s involvement (e.g., by municipal letter or resolution). o Status of other required project approvals including the extent of any engagement with the conservation authority in the permitting process that the applicant has had to date. The NPCA offers the following recommendations to assist with developing a transparent, accountable, and technically sound Ministerial review/permit process that protects people and property from the impacts of natural hazards. Recommendation #1 – Pause finalization of the Regulation to engage with Conservation Authority and Municipal representatives The ERO posting does not outline the details of the Ministerial review/permit process, and rather notes that such details will be provided within the regulation. The NPCA recommends the MNRF pause finalization of the regulation and meet with Conservation Ontario, CAs, and municipal representatives to discuss the circumstances for use of the new Minister’s powers as well as implementation/procedural details (i.e., how the Minister will consider requests/petitions and make decisions). Appropriate scoping of these details will ensure the process remains transparent and procedurally fair, extinguishes requests/petitions made to circumvent locally established processes, and continues to apply a watershed lens to natural hazard management. Recommendation #2 – Further scope criteria for considering if proposed development activity supports provincial interest: The NPCA recognizes that the scope of requests for permits/review of a CA decision by the Minister would be limited to specified provincial interests. We note, however, that the areas of provincial interest as described is very broad and may result in numerous requests that may conflict with provincial interest in protecting people and property from natural hazards and affect MNRF’s ability to process the requests in a timely manner. The NPCA recommends that terms such as housing, community service, buildings that facilitate economic development/employment, etc. be carefully defined in the regulation to scope the ability to make requests/petitions to the Minister. As an example, left without a definition, the term housing could be interpreted to involve any development activity such as additions to existing dwellings or maintenance to an existing house. The Minister’s use of Section 28.1.1 for housing would be better limited to large scale residential development located within strategic growth areas as defined in provincial and municipal plans. Certain provincial interests (e.g., community services) are defined as “Institutional use” in the Provincial Policy Statement (PPS) and are not permitted in/on hazardous lands and sites. Permitting these types of development activities in hazard lands must not be considered by the Minister, and due care applied to ensure vulnerable populations or sensitive uses are not located in areas that pose an increased risk to life and property. Further, it is our recommendation that decisions by the Province must be consistent with the Conservation Authorities Act, Ontario Regulation 41/24, and natural hazard policies in the PPS. Page 407 of 500 Recommendation #3 – Decisions by the Minister should be based on sound and reliable science, data , mapping and technical guidance prepared by Conservation Authorities through natural hazard and watershed programs The proposal does not address how the Minister will assess requests for review and petitions for orders and, if applicable, what information and criteria will be applied to make an order or a decision on a Conservation Authorities Act permitting matter. The Conservation Authorities Act requires the applicable CA to forward relevant documents and information relating to an application to the Minister, as well as provides the Minister with the ability to confer with any other person or body they consider may have an interest in the application. The Conservation Authorities Act and proposed regulatory requirements do not provide details on how this information will be considered. Recent amendments to the Conservation Authorities Act and regulations require all CAs to develop permit application policy and procedure documents and make maps of regulated areas publicly available. The CA permitting decisions are undertaken consistent with CA Board-approved policies, and informed by natural hazard mapping, modelling, and knowledge of local watershed conditions. These tools allow CAs to assess permit applications to determine if an activity may affect the control of flooding, erosion, etc., or jeopardize the health and safety of persons or result in property damage. It is unclear how the Minister would review and make decisions on applications in the absence of these policies and tools. An unclear process will add costs and time delays. The existing system includes competent professional planners, professional engineers, planning ecologists, hydrogeologists, geotechnical experts, and other staff with a high degree of specialized expertise. For example, existing floodlines have been well justified and peer reviewed. It would be counter- productive to use third party hazard mapping and modeling where the CA has this information readily available. Recommendation #4 – Early and ongoing engagement with Conservation Authorities and Municipalities Under the proposal, where the Minister issues an order for a CA not to issue a permit for a specific individual to engage in a specified activity or to persons who may wish to engage in a certain type or class of activity, notice of any order is to be provided to a CA, among other requirements, within 30 days. Once the order has been issued, the Minister may then take over the permitting process from the affected CA. It is unclear if the Minister would be able to issue a permit before having issued an order to the CA. To avoid confusion and possible conflicts with other pending approvals for the same development activity, we recommend that a Minister’s order for a CA not to issue a permit must occur before the Minster issues a permit on behalf of a CA. We also recommend that notice of receipt of a request/petition for the Minister to issue a Section 28.1.1 permit be provided to the affected CA, municipality and where applicable the Niagara Escarpment Commission (NEC). It is proposed that proponents be required to identify the status of other required project approvals. Proponents should be specifically required to indicate whether all approvals under the Planning Act are in place in order to demonstrate land use compatibility, appropriate zoning, etc. Permitting decisions made prior to having the appropriate planning approvals in place could put municipalities in a difficult position if they Page 408 of 500 cannot support the works further to a Minister’s permit. Where applicable, proponents should specify whether required approvals from the NEC have been obtained. Where a request for review or petition for a permit is made, proponents must indicate if the local municipality has endorsed the project and request for Minister’s involvement. Development activities in one area of the watershed have the potential to impact upstream and downstream communities. As such, it is important that the affecting CA and municipality are consulted to understand potential cumulative impacts on the watershed and municipal services as a result of the proposed development activity. Caution is warranted in choosing third party providers to inform the Minister’s decision on permits. These providers may have perceived or real conflicts of interest with working for both private interests and the Province. The NPCA recommends the MNRF establish a multi-disciplinary Minister’s technical advisory committee to provide recommendations to the Minister when issuing permits or reviewing CA permitting decisions. The committee should bring together technical experts from CAs, municipalities, the private sector, and applicable provincial ministries to prepare recommendations for the Minister on permit applications. A balance of expertise is essential to ensure bias is not introduced, allowing the Minister to make decisi ons based on the same criteria concerning natural hazards and public safety that are considered by all CA’s. Careful consideration of these applications is required to avoid unintended risk to public safety, properties, or natural hazards and avoid precedent setting decisions that may not align with CA Board-approved policies. Recommendation #5 – MNRF should be fully responsible and accountable for losses or damages arising from Minister’s decisions on permits Where the Minister’s decisions are inconsistent with CA Board-approved policies or CA natural hazard mapping and modelling, the liability for such decisions remains with the issuing body (the Minister). CAs are not liable for decisions made under the CA Act by another body that may result in losses or damages. Liabilities and risks are one of the major drivers impacting exponentially increasing insurance costs/premiums, and CAs cannot be the insurers of last resort. The amended CA Act and regulatory proposal purports to have CAs undertake compliance and enforcement activities with permits issued by the Minister. Without CA involvement in the review and approval process, it is difficult to anticipate enforcement and compliance staff resources necessary for permits issued by the Minister. Increases in enforcement and compliance activities may require additional time and staffing resources at the CA, that may increase costs associated with this program and service area. Due care must be applied when the Minister is reviewing and issuing permits to ensure appropriate conditions are assigned to the permit to minimize potential enforcement concerns. The NPCA would welcome discussions with MNRF staff about the potential for increase provincial funding for CAs to help cover the additional costs for compliance and enforcement. Thank you for the opportunity to provide comments on the “Regulation detailing new Minister’s Permit and Review powers under the Conservation Authorities Act” (ERO#019-8320). The details regarding these new Minister’s powers must be carefully developed to ensure Minister’s decision making on permits remains technical, apolitical and integrates a watershed perspective to natural hazard management to continue Page 409 of 500 protecting the public, properties and infrastructure. The NPCA would be pleased to meet with Ministry staff to further discuss the regulatory requirements and implementation details. Sincerely, David Deluce, MCIP, RPP Senior Manager, Environmental Planning & Policy cc: Conservation Ontario Niagara Peninsula Conservation Authority Board of Directors Page 410 of 500 Administration Office of the Regional Clerk 1815 Sir Isaac Brock Way, PO Box 1042, Thorold, ON L2V 4T7 Telephone: 905-980-6000 Toll-free: 1-800-263-7215 Fax: 905-687-4977 www.niagararegion.ca May 28, 2024 CL 7- 2024, May 23, 2024 Distribution List SENT ELECTRONICALLY Motion Reaffirming Niagara Region’s Commitment to the Expansion of All-day, Two-way GO Train Service Regional Council, at its special meeting held on May 23, 2024, passed the following motion: WHEREAS the Niagara Region, and the 12 local communities, have been consistent in their support for all day, two-way GO Train service between Niagara Falls and Union Station; WHEREAS a $40 million capital budget for enabling GO service to Niagara stations was approved to fund the activities approved in Council's GO Station Development Strategy; WHEREAS the Niagara Region and local municipalities have made significant financial investments into key infrastructure surrounding the train stations in Grimsby, St. Catharines, and Niagara Falls which enable the expansion of service to Niagara; WHEREAS the Government of Ontario has stated its commitment to expansion of GO service to Niagara; WHEREAS the Government of Ontario has made historic investments in the expansion of its GO Transit network; WHEREAS the Niagara Region, in collaboration and cooperation with the 12 local communities, and with connectivity to GO Transit as one of its primary drivers, amalgamated public transit service across the region, culminating in the creation of the Niagara Transit Commission; WHEREAS the cost to Niagara Region to complete this amalgamation of Niagara's transit systems was substantial; Page 411 of 500 Page 2 WHEREAS the Niagara Region has introduced NRT OnDemand Transit service to establish and enable first/last mile connections to existing Grimsby and Lincoln GO stops, in addition to connecting all of Niagara’s rural communities with the GO network; WHEREAS the Niagara Region funded the completion of a Metrolinx-approved Initial Business Case demonstrating the significant value of establishing GO Train service to Lincoln; WHEREAS efforts to secure enhanced daily GO Train service have resulted in a positive but inadequate outcome of three round trips a day between Niagara Falls and Union Station; WHEREAS recent projections indicate that there are over 130,000 potential commuters identified within Niagara for the purposes of post-secondary education, employment, and recreation; WHEREAS the Niagara region continues to grow, with over $1.8 billion in residential building permits issued and with 30,000 approved units; WHEREAS Niagara’s investments and leadership have met or exceeded all of the prerequisite local conditions required to secure a reliable two-way, all-day GO Train service pattern identified for success by the Provincial Government and Metrolinx; and WHEREAS the Niagara Region, in partnership with the 12 local municipalities, believes that a robust GO Train service pattern with increased frequency and reliability is needed in order to drive ridership, thereby boosting the provincial economy and removing cars from congested highways. NOW THEREFORE BE IT RESOLVED: 1. That Niagara Regional Council REAFFIRM its explicit commitment that securing all- day, two-way GO Train service between Niagara Falls and Union Station, with stops in St. Catharines, Grimsby and Lincoln, is a top priority; 2. That the Regional Chair’s Office BE DIRECTED to lead an advocacy campaign, in partnership with the 12 local municipalities, to help influence provincial decision makers to increase the frequency and reliability of GO Train service patterns to Niagara; 3. That the Chief Administrative Officer BE DIRECTED to make necessary resources and personnel required to support this campaign to help secure a more conducive GO Train service pattern available; Page 412 of 500 Page 3 4. That the Regional Clerk BE DIRECTED to send a copy of this motion to Niagara’s 12 local councils, Metrolinx and the City of Hamilton; and 5. That the Regional Chair BE DIRECTED to send a copy of this motion to Niagara’s four Members of Provincial Parliament and any appropriate provincial transportation ministries. Yours truly, Ann-Marie Norio Regional Clerk :kl CLK-C 2024-060 Distribution List: Local Area Municipalities D. Wright, Board Chair, Metrolinx P. Verster, Chief Executive Officer, Metrolinx City of Hamilton Page 413 of 500 Administration Office of the Regional Clerk 1815 Sir Isaac Brock Way, PO Box 1042, Thorold, ON L2V 4T7 Telephone: 905-980-6000 Toll-free: 1-800-263-7215 Fax: 905-687-4977 www.niagararegion.ca May 28, 2024 CL 8-2024, May 23, 2024 PEDC 5-2024, May 8, 2024 PDS 18-2024, May 8, 2024 NIAGARA PENINSULA CONVERSATION AUTHORITY LOCAL AREA MUNICIPALITIES SENT ELECTRONICALLY Staff Comments on Proposed Provincial Planning Statement (2024) PDS 18-2024 Regional Council, at its meeting held on May 23, 2024, passed the following recommendation of its Planning and Economic Development Committee: That Report PDS 18-2024, dated May 8, 2024, respecting Staff Comments on Proposed Provincial Planning Statement (2024), BE RECEIVED and BE CIRCULATED to Local Area Municipalities and the Niagara Peninsula Conversation Authority (NPCA). A copy of PDS 18-2024 is enclosed for your reference. Yours truly, Ann-Marie Norio Regional Clerk js CLK-C 2024-059 cc: S. Norman, Senior Planner M. Sergi, Commissioner, Growth, Strategy and Economic Development N. Oakes, Executive Assistant to the Commissioner, Growth, Strategy and Economic Development Page 414 of 500 PDS 18-2024 May 8, 2024 Page 1 Subject: Staff Comments on Proposed Provincial Planning Statement (2024) Report To: Planning and Economic Development Committee Report date: Wednesday, May 8, 2024 Recommendations 1.That this Report BE RECEIVED for Information; and 2.That Report PDS 18-2024 BE CIRCULATED to Local Area Municipalities and the Niagara Peninsula Conversation Authority (NPCA). Key Facts •As first communicated to Council through PDS 17-2024 (April 25, 2024) the Province has released a revised draft of the proposed Provincial Planning Statement (PPS, 2024). •The purpose of this report is to provide an overview of the proposed changes and to outline staff comments that will be submitted to the Province. •If approved, the proposed PPS (2024) will replace the current Provincial Policy Statement (PPS, 2020) and A Place to Grow: Growth Plan for the Greater Golden Horseshoe (Growth Plan, 2019) to form a new province-wide planning policy instrument. •In the Spring of 2023, the Province released a previous draft of the proposed PPS (2023) for comment. Staff comments on that 2023 version were communicated to Council through PDS-C 20-2023 (June 7, 2023) with additional comments on the proposed natural heritage policies being communicated through PDS-C 21-2023 (September 13, 2023). •Following the commenting period on the 2023 draft, the Province has made some changes to reflect concerns raised by the Region and others – such as no longer allowing lot creation in prime agricultural areas. Other regional concerns, such as changes to the definition of “employments areas”, the process for settlement area boundary expansions, and the loss of the Growth Plan Natural Heritage System remain. Page 415 of 500 PDS 18-2024 May 8, 2024 Page 2 • The Province has requested that feedback on the proposed changes be submitted by May 12, 2024. Staff comments outlined in Appendix 1 and Appendix 2 will be submitted to the Province in response to the Environmental Registry of Ontario (ERO) postings. Financial Considerations There are no direct financial implications associated with this report. Analysis Background On April 10, 2024, the Province introduced the Cutting Red Tape to Build More Homes Act, 2024 (Bill 185), which proposes to amend fifteen pieces of legislation and related regulations for the purpose of “streamlining planning approvals, enhancing municipalities’ ability to invest in housing-enabling infrastructure, and increasing housing supply”. A detailed overview of Bill 185 including staff comments were provided directly to council through PDS 17-2024 (April 25, 2024). In addition to Bill 185, the revised draft Provincial Planning Statement (PPS) was also released on April 10, 2024 with updates to reflect the feedback received on the previous version. If approved, the proposed PPS will replace the current Provincial Policy Statement (PPS, 2020) and A Place to Grow: Growth Plan for the Greater Golden Horseshoe (Growth Plan, 2019) to form a new province-wide planning policy instrument. In many matters, these changes represent a fundamental shift in the approach to planning for Ontario. All decisions that relate to a planning matter will be required to be consistent with this statement. The Environmental Registry of Ontario (ERO) posting includes some information regarding the Province’s proposed approach to implementation. The Province has indicated it intends to release the final policies for a short period of time before they take effect. Any decision on a planning matter made on or after the effective date would be subject to the new PPS. The only exception would be if a transition regulation was developed. The Province has indicated that “further consultation would be conducted to identify any pertinent matters”. Previous Draft of Proposed Provincial Policy Statement (2023) In the Spring of 2023, the Province released a previous draft of the proposed PPS (2023) for comment. Staff comments on the 2023 proposed PPS were communicated to Page 416 of 500 PDS 18-2024 May 8, 2024 Page 3 Council through PDS-C 20-2023 (June 7, 2023). The original release did not include natural heritage policies – which followed several months later. Additional comments on the proposed natural heritage policies being communicated through PDS-C 41-2023 (September 13, 2023). Overview of Current Draft of Proposed Provincial Policy Statement (2024) Proposed changes in the PPS (2024) relative to the existing Provincial Policy Statement (PPS, 2020) include, but are not limited to: • Growth Management: The concept of a delineated built-up area has not been carried forward as a defined term o Planning authorities are to use Ministry of Finance projections for employment and growth forecasts, with a policy to permit existing provincial forecasts (i.e. Growth Plan) to be used o Removal of mandatory intensification and density targets o Introduction and identification of “large and fast-growing municipalities” (Niagara Falls and St. Catharines in Niagara) o New policy to promote the phasing of development as appropriate • Settlement Area Boundary Expansions o Removal of the requirement to demonstrate need for a settlement area boundary expansion o No longer the requirement of municipal comprehensive reviews to be undertaken • Employment: o Change to the definition of employment area o Permission for mixed uses, including residential, in employment lands outside of employment areas o The conversion of employment lands is permitted provided certain tests are met • Housing o Expansion of the definition of housing options • Agriculture o Removal of the requirement to use the provincially-mapped agricultural system o Permitting up to two additional residential units subordinate to the principal dwelling associated with an agricultural operation • Natural Heritage o In comparison to the existing Provincial Policy Statement (2020), no changes to the natural heritage policies Page 417 of 500 PDS 18-2024 May 8, 2024 Page 4 o Growth Plan Natural Heritage System policies and mapping are proposed to be eliminated •Watershed Planning o Loss of the full suite of watershed and subwatershed planning policies that were contained in the existing PPS and Growth Plan o Requirement for large and fast growing municipalities to undertake watershed planning with an encouragement for other municipalities to do so. Staff Comments on the proposed PPS (2024) Although less extensive than the concerns identified related to the 2023 draft, staff concerns with the proposed PPS (2024) include: •Challenges for an integrated and coordinated approach to growth management in Niagara o Concern that the proposed changes to the PPS in conjunction with the loss of the Growth Plan policies related to growth management will lead to inconsistent approaches to forecasting population and employment growth in Niagara, and consequently challenges for the process of planning and budgeting of regional infrastructure and public services and facilities. •Changes to the definition of “employment areas” and other changes impacting employment lands o Concern that the proposed changes that define employment areas as limited to traditional manufacturing uses will hinder the Region’s ability to meet employment forecasts to 2051. For example, the revised definition of “employment areas” has the potential to remove 2,175 hectares of employment area lands (approximately 46% of total employment area lands in Niagara) based on preliminary analysis. •The ad-hoc nature of settlement area expansion and a lack of minimum intensification targets o Concern that the policies that would allow for settlement area expansions without the requirement to demonstrate need and without a municipal comprehensive review will result in the loss of integrated and coordinated growth planning. o Not having a minimum intensification target or a “built-up area” at the provincial level, combined with the ability to expand settlement area boundaries at any time, may discourage intensification and encourage sprawl which will have financial impacts if municipalities will be required to extend and maintain servicing to greenfield areas, with existing infrastructure not being optimized. Page 418 of 500 PDS 18-2024 May 8, 2024 Page 5 o The above concerns as exacerbated by a proposed change to the Planning Act through Bill 185 which would allow for appeals to the OLT related to settlement area boundary expansions. •Loss of the Growth Plan Natural Heritage System o When the updated Growth Plan for the Greater Golden Horseshoe was released in 2017 and subsequently revised in 2019, it included policies, definitions, and mapping for a “Natural Heritage System for the Growth Plan”. Municipalities were required to incorporate and implement the policies and mapping into their official plans. The Natural Heritage System for the Growth Plan was included as part of the integrated NES that was approved by the Province as part of the Niagara Official Plan in November 2022. o As the proposed PPS (2024) will integrate the PPS (2020) and Growth Plan (2019), there will no longer be a stand alone Growth Plan document. The Natural Heritage System for the Growth Plan is not proposed to be included as part of the proposed PPS (2024), and would therefore no longer be Provincial policy. Staff are concerned with the loss of environmental protections in the Region, and the implications associated with the Growth Plan Natural Heritage System having been fully integrated into the Regional Natural Environment System, but no longer Provincial Policy. o Further, should the Province move forward with the elimination of the Growth Plan NHS, it is recommended that direction be provided on transition/implementation for municipalities which had implemented the system through recent municipal comprehensive reviews or Official Plan updates. •Removal of the requirement to use the Provincially-mapped agricultural system o When 2017 Growth Plan for the Greater Golden Horseshoe was released, it included policies, and mapping delineating an agricultural system for the Greater Golden Horseshoe. This mapping was used to develop the Region’s agricultural land base mapping and is an important tool for the identification and protection of agricultural land. o As the agricultural system mapping and policies are not being carried forward to the proposed PPS (2024), staff are unsure how agricultural lands, infrastructure and farm operations outside of the Greenbelt Plan area will be protected. Alternatives Reviewed No alternatives have been reviewed as this report summarizes and presents staff comments on the proposed Provincial Planning Statement (PPS, 2024) for information. Page 419 of 500 PDS 18-2024 May 8, 2024 Page 6 Relationship to Council Strategic Priorities This report provides information on proposed changes to provincial policy related to land use planning. This relates to Council’s Strategic Priority of Effective Region, Equitable Region, and Prosperous Region through ensuring high quality, efficient, and coordinated core services. Other Pertinent Reports •CWCD 2023-77 - Provincial Consultation on Bill 97 and a new Provincial Policy Instrument (April 21, 2023) •PDS-C 20-2023 - Staff Comments on the Proposed Provincial Planning Statement (June 7, 2023) •PDS 22-2023 – Proposed Provincial Planning Statement – Natural Heritage Policies (July 12, 2023) •PDS-C 41-2023 – Staff Comments on Proposed Provincial Planning Statement – Natural Heritage (September 13, 2023) •PDS 17-2024 – Bill 185 (Cutting Red Tape to Build Housing Faster Act, 2024) (April 25, 2024) ________________________________ Prepared by: Sean Norman, PMP. MCIP, RPP Senior Planner Growth Strategy and Economic Development _______________________________ Recommended by: Michelle Sergi, MCIP, RPP Commissioner Growth Strategy and Economic Development ________________________________ Submitted by: Ron Tripp, P.Eng. Chief Administrative Officer Page 420 of 500 PDS 18-2024 May 8, 2024 Page 7 This report was reviewed by Erik Acs, MCIP, RPP, Manager of Community Planning and Angela Stea, MCIP, RPP, Director of Corporate Strategy and Community Sustainability. Appendices Appendix 1 Table 1: Staff Response to ERO 019-8462 Discussion Questions Appendix 2 Table 2: Niagara Region Staff Detailed Analysis and Comment on the Proposed 2024 Provincial Planning Statement (PPS) Page 421 of 500 ERO 019-8462 Proposed Provincial Planning Statement (2024) PDS 18-2024 Appendix 1 May 8, 2024 Table 1: Niagara Region Staff Responses to ERO 019-8462 Questions ERO Questions Niagara Region Staff Response 1.What are your overall thoughts on the updated proposed Provincial Planning Statement? Niagara Region staff note that there are many improvements and efficiencies in the proposed PPS (2024), however, staff are concerned with the loss of some Growth Plan policies (i.e. natural heritage, agriculture, growth management, etc.) which are not being replaced in the proposed PPS (2024). Further, staff are concerned about the impact of changes to employment area policies and the unintended consequences of the ‘ad- hoc’ nature of settlement area expansion and the responsible delivery of services and infrastructure. 2.What are your thoughts on the ability of Although it is possible that some of the updated policies will have the updated proposed policies to generate intended effect of increasing housing supply it is difficult to project. Overall appropriate housing supply, such as:the last several years the rate of change in Provincial planning policy and intensification policies, including the legislation has been significant. This, along with the reversal of many redevelopment of underutilized, low changes has created an atmosphere of uncertainly, both with density shopping malls and plazas;municipalities and the development community. It is recommended that the major transit station area policies;Province move towards an environment of stability to allow policies to be housing options, rural housing and implemented, their effectiveness be determined and focus municipal efforts on approving housing developments. Page 1 of 3 Page 422 of 500 allow the allocation and reallocation of unused capacity in the water and ERO 019-8462 Proposed Provincial Planning Statement (2024) PDS 18-2024 Appendix 1 May 8, 2024 ERO Questions Niagara Region Staff Response affordable housing policies; and student housing policies? 3.What are your thoughts on the ability of the updated proposed policies to make land available for development, such as: forecasting, land supply, and planning horizon policies; settlement area boundary expansions policies; and employment area planning policies? Niagara Region staff have concerns that requiring each individual local municipality to do their own forecasting of population and employment growth may result in inconsistent forecasts and/or methodologies which impact the Region’s ability to plan for investments in infrastructure and the coordination of regional public services between local municipalities. The ad-hoc nature of settlement area expansion coupled with proposed Planning Act changes via Bill 185 will lead to inefficient use of existing services area and expansion that may not be fiscally responsible. It is the recommendation of Niagara Region staff that the PPS include policies to required growth targets and coordination of development with the delivery of infrastructure across municipalities. 4.What are your thoughts on updated proposed policies to provide infrastructure to support development? Niagara Region staff are supportive of the proposed policies which would allow the allocation and reallocation of unused capacity in the water and wastewater system and which would promote the development of phasing policies as appropriate. These policies will encourage the orderly development of urban areas and support the efficient use of existing and planning infrastructure and public services. Page 2 of 3 Page 423 of 500 ERO 019-8462 Proposed Provincial Planning Statement (2024) PDS 18-2024 Appendix 1 May 8, 2024 ERO Questions Niagara Region Staff Response PPS should also reference municipal infrastructure master plans and require that development aligned with the planned services. 5. What are your thoughts on updated Niagara Region staff are generally not supportive of the proposed policies proposed policies regarding the related to the conservation and management of resources. An agricultural conservation and management of system approach based on provincial-mapping has historically been in resources, such as requirements to use place in the Growth Plan GGH municipalities. Similarly with the elimination an agricultural systems approach? of the Growth Plan, the Growth Plan Natural Heritage System is being eliminated as provincial land use policy. Overall the proposed PPS (2024) represent a lesser protection of the natural environment and resources as compared to the existing policy framework of the PPS (2020) and Growth Plan (2019). 6. What are your thoughts on any It needs to be recognized that after the effective date, and until municipal implementation challenges with the official plans (and zoning by-laws) can be updated, there will be a range of updated proposed Provincial Planning inconsistent and conflicting policies for land-use planning in Ontario. This Statement? What are your thoughts on type of policy environment creates confusion and uncertainty for both land the proposed revocations in O.Reg. developers and municipal planning staff, it serves to delay development 311/06 (Transitional Matters -Growth and construction rather than to expedite it. This is compounded by the Plans) and O.Reg. 416/05 (Growth removal of statutory planning authority from Regional municipalities, which Plan Areas)? further creates uncertainty in the Planning process at a time when stability and certainty is required. Page 3 of 3 Page 424 of 500 ERO 019-8462 Proposed Provincial Planning Statement (2024) PDS 18-2024 Appendix 2 May 8, 2024 Table 2: Niagara Region Staff Detailed Analysis and Comment on the Proposed 2024 Provincial Planning Statement (PPS) Topic Area Proposed Change / Integration Niagara Region Staff Analysis/Response Aggregates The proposed PPS (2024) has not made significant changes to the aggregate resources section. References to rehabilitation in speciality crop areas have been removed – however rehabilitation in these areas would be directed by the Greenbelt Plan and Niagara Escarpment Plan where applicable. [Proposed policy 4.5] Niagara Region staff note that the Growth Plan (2019) included a number of detailed and prescriptive policies related to aggregates resources – most of which were in regards to the interaction between aggregates and the Growth Plan Natural Heritage System as well as rehabilitation. It is the recommendation of Niagara Region staff that consideration be given to carrying forward the Growth Plan policies which required rehabilitation to consider natural features and functions in the proposed PPS (2024) Agricultural In addition to a principal dwelling associated with The Niagara Region Official Plan has a Area Housing an agricultural operation in prime agricultural areas, the proposed PPS (2024) permits up to two additional residential units as subordinate to the principal dwelling. [Proposed policy 4.3.2.5] provincially-approved 0.4 ha size requirement for all lot creation in rural areas. This lot size reflects the area necessary to support on-site private water supply and long-term operation of a private sewage disposal system. Page 1 of 20 Page 425 of 500 ERO 019-8462 Proposed Provincial Planning Statement (2024) PDS 18-2024 Appendix 2 May 8, 2024 Topic Area Proposed Change / Integration Niagara Region Staff Analysis/Response Niagara Region staff are concerned the addition of 2 residential units on each parcel would require upgraded private servicing, which may not be possible on lots that were created for only a single residential unit. In addition, Niagara Region staff are concerned that proposed policy 4.3.2.5 refers broadly to “sewage and water services” being provided, whose definition includes “municipal sewage services and municipal water services”; especially coupled with the removal of policy wording that states the extension of partial services into rural areas is only permitted to address failed individual on-site sewage and individual on-site water services for existing development from proposed Section 3.6. It is recommended that a set of parameters or guidelines be developed to help planning authorities determine whether these uses “demonstrate that the use are compatible with, and would not hinder, surrounding agricultural operations” (Proposed Policy 4.3.2.5 b). Page 2 of 20 Page 426 of 500 ERO 019-8462 Proposed Provincial Planning Statement (2024) PDS 18-2024 Appendix 2 May 8, 2024 Topic Area Proposed Change / Integration Niagara Region Staff Analysis/Response Agriculture The proposed PPS (2024) eliminates the requirement to use the provincially-mapped Agricultural System. Municipalities would now lead the designation of prime agricultural areas, including specialty crop areas. Using the provincial mapping remains an option. [Proposed policy 4.3.1] Niagara Region staff note that an agricultural system approach based on provincial-mapping has historically been employed in Niagara’s regional official plan to designate lands based on priority for protection. After the release of the proposed agricultural system mapping by the Province (2018), Niagara Region through the Municipal Comprehensive Review (MCR) process, undertook extensive consultation to identify mapping refinement opportunities in the proposed land-base. Niagara Region staff believe the mapping approved through the Niagara Official Plan (2022) is accurate and best represents a continuous land base and systems approach. Staff support the continued use of the approved agriculture land- base mapping in Niagara. Agriculture The proposed PPS (2024) expands the definition of “on-farm diversified uses” to include all “land- extensive energy facilities”, such as ground- mounted solar or battery storage, whereas previously only ground-mounted solar facilities OMAFRA’s Guidelines on Permitted Uses in Ontario’s Prime Agricultural Areas states that “on- farm diversified uses should be related to agriculture, supportive of agriculture or able to co- exist with agriculture without conflict”. Provided these uses are still subject to other criteria and Page 3 of 20 Page 427 of 500 ERO 019-8462 Proposed Provincial Planning Statement (2024) PDS 18-2024 Appendix 2 May 8, 2024 Topic Area Proposed Change / Integration Niagara Region Staff Analysis/Response were identified. [Proposed definition of “on-farm diversified use”] guidance for on-farm diversified uses (i.e. limited in area, secondary to the principal use, etc.), the expanded definition may align with Provincial and Regional policies that support the transition to net- zero communities. However, Niagara Region staff are concerned that given these uses are referred to as “land- extensive” it may mean they are meant to apply to more significant portions of a farm parcel. It is the recommendation of Niagara Region staff that the province consider whether “land- extensive” energy facilities are an appropriate land use in prime agricultural areas. Built The proposed PPS (2024) has not carried forward The removal of the “built-up area” as a defined Boundary the concept of delineated built-up areas as a defined term previously contained in the Growth Plan. term and associated intensification rates may make it more difficult for municipalities to use tools and practices available to them to “support general intensification and redevelopment to support the achievement of complete communities” as outlined in Section 2.3.3. Similarly, the removal of a definition and policy set for “designated greenfield areas”, including associated density targets, will make it difficult for Page 4 of 20 Page 428 of 500 ERO 019-8462 Proposed Provincial Planning Statement (2024) PDS 18-2024 Appendix 2 May 8, 2024 Topic Area Proposed Change / Integration Niagara Region Staff Analysis/Response municipalities to push for increased densities and housing options in the remaining undeveloped, but serviced, areas of the municipality. Additionally, if settlement area boundaries can expand at any time without the requirement for a land needs assessment to demonstrate the need for additional urban land, this will discourage intensification and encourage urban sprawl. This will create implications for providing fiscally responsible infrastructure. Niagara Region staff recommend that “built-up area” [as referenced in Policy 2.3.1.4] be a defined term, and that municipalities be required to establish and implemented targets for intensification and redevelopment (as opposed to being encouraged to do so). Cultural A number of definitions referenced in the Cultural Many of the revisions are minor or provide Heritage and Heritage and Archaeology section of the proposed additional clarification/protection for cultural Archaeology PPS (2024) have been revised. [Proposed definition of “built heritage resource”, “conserved”, “cultural heritage landscape”, “heritage attributes”, “protected heritage property” and “site alteration”] heritage and archaeological resources. Niagara Region staff does not have concerns with the revisions to these definitions. Page 5 of 20 Page 429 of 500 ERO 019-8462 Proposed Provincial Planning Statement (2024) PDS 18-2024 Appendix 2 May 8, 2024 Topic Area Proposed Change / Integration Niagara Region Staff Analysis/Response Cultural The proposed PPS (2024) has also changed to Niagara Region staff are supportive of the Heritage and policy term from “significant built heritage resource proposed change in terminology and the new Archaeology and significant cultural heritage landscape” to “protected heritage property” [Proposed policy 4.6.1] definition, which now includes archaeological resources. Cultural The proposed PPS (2024) includes revised policy Niagara Region staff supports early engagement Heritage and language pertaining to engagement with with indigenous communities. The emphasis on Archaeology indigenous communities, requiring that engagement occur early with an increased emphasis on consideration of their interests. [Proposed policy 4.6.5] early engagement and specification in terms of the interests of indigenous communities included in the proposed PPS will be helpful from an implementation perspective. Employment The proposed PPS (2024) changes the definition of Niagara Region staff do not support the proposed Areas “employment areas”. The focus of the definition is now on what would be considered traditional employment uses such as heavy industry, manufacturing, and large scale warehousing. [Proposed definition of “employment areas”] change in definition as it will potentially hinder Niagara’s municipalities’ ability to achieve the employment forecasts set out to 2051, given that it will be difficult to protect the amount of land required to accommodate the number of jobs projected. The recently approved Niagara Official Plan includes different categories of employment areas. While the Region’s “Core Employment Area” designation may meet the revised definition, Page 6 of 20 Page 430 of 500 ERO 019-8462 Proposed Provincial Planning Statement (2024) PDS 18-2024 Appendix 2 May 8, 2024 Topic Area Proposed Change / Integration Niagara Region Staff Analysis/Response “Dynamic Employment Area” and “Knowledge and Innovation Employment Areas” would not meet the revised definition. As such, the revised definition has the potential to remove approximately 2,175 hectares of employment area lands (45% of total employment area lands based on preliminary analysis), putting at risk the existing and jobs planned for these lands. It is the recommendation of Niagara Region staff that the definition of “employment areas” not be changed as it will limit the ability of municipalities to protect employment areas in the long-term. Employment The proposed PPS (2024) includes a policy that Niagara Region staff do not support this proposed Areas would allow for a range of mixed land uses, including residential, in employment lands outside of employment areas [Proposed policy 2.8.1.3] policy. The Growth Plan and the Niagara Official Plan (4.2.5.1) both contain provisions to ensure that any proposed development of non-employment uses on employment land, outside of employment areas, shall retain space for a similar number of jobs on site. Niagara Region staff recommend that this policy not be included, and that the proposed PPS Page 7 of 20 Page 431 of 500 ERO 019-8462 Proposed Provincial Planning Statement (2024) PDS 18-2024 Appendix 2 May 8, 2024 Topic Area Proposed Change / Integration Niagara Region Staff Analysis/Response include greater protection for long-term employment uses. Employment Land Conversions The proposed PPS (2024) allows planning authorities to remove lands from employment areas outside of a municipal comprehensive review provided certain tests are met. [Proposed policy 2.8.2.5] Currently, the PPS 2020 and Growth Plan only allow employment area conversions through a municipal comprehensive review. However, both documents also contain a notwithstanding provision that allows conversions prior to a municipal comprehensive review if certain criteria are met. However, the PPS (2024) proposes to revise certain conditions under which a conversion may be permitted. The PPS (2024) states that the municipality must have sufficient employment lands to accommodate projected employment growth to the horizon of the approved official plan, whereas the Growth Plan currently requires the municipality to accommodate projected employment growth to the horizon of the Growth Plan. The PPS (2024) Niagara Region staff do not support this proposed policy change. Without the criteria to maintain sufficient employment lands to accommodate forecasted employment growth over time, it will be difficult to ensure that the employment forecasts set out can be achieved. Further, urban boundary expansions for employment areas occurred in the Region solely to accommodate forecasted employment growth. If these lands are converted and do not accommodate employment uses, further expansions will have to take place to provide sufficient space to accommodate forecasted employment. Considering employment area conversion requests comprehensively allows municipalities to examine all requests as part of one review to select the most appropriate areas for conversion. It also allows municipalities the ability to identify land needs in tandem with reviewing employment Page 8 of 20 Page 432 of 500 ERO 019-8462 Proposed Provincial Planning Statement (2024) PDS 18-2024 Appendix 2 May 8, 2024 Topic Area Proposed Change / Integration Niagara Region Staff Analysis/Response also proposes to remove the requirement in the area requests to understand how potential Growth Plan that the employment conversion does employment area conversions will impact the not impact the minimum intensification and density need for settlement area expansions. targets in the Growth Plan. Niagara Region staff recommend that the proposed PPS includes a policy framework for employment land conversions to be considered comprehensively and the Province instead carry forward Growth Plan policy 2.2.5.9 c) which provides long-term protection for employment uses. Excess Soils The proposed PPS (2024) removes policy 3.2.3 which directs planning authorities to support, where feasible excess soil management. The Growth Plan stated that municipal planning policies and relevant development proposals will incorporate best practices for soil management. While municipalities can include policies addressing excess soil management, Niagara Region staff are concerned that the requirement for development proposals to incorporate best practices for excess soil management has been removed from provincial direction. Growth The proposed PPS (2024) - policy 2.1.5 references Inconsistent forecasts and/or methodologies to Management “where planning is conducted by an upper-tier achieve such forecasts will impact the Region’s municipality the land and unit supply maintained by ability to plan for investments in infrastructure and the lower-tier shall be based on and reflect the the coordination of regional public services allocation of population and units by the upper-tier” between local municipalities. [Proposed policy 2.1 & policy 2.1.3.] Page 9 of 20 Page 433 of 500 ERO 019-8462 Proposed Provincial Planning Statement (2024) PDS 18-2024 Appendix 2 May 8, 2024 Topic Area Proposed Change / Integration Niagara Region Staff Analysis/Response It is the recommendation of Niagara Region staff that all upper-tier municipalities still retain responsibility for growth management functions to ensure a coordinated approach across regional market areas. Growth The proposed PPS (2024) includes a policy to As an upper-tier municipality, the Niagara Region Management direct planning authorities to base employment and growth forecasts on the Ministry of Finance 25-year projections and allows for modifications as appropriate. [Proposed policy 2.1.1] Proposed section 2.1.2 allows municipalities to continue to forecast growth using population and employment forecasts previously issued by the province. is responsible for planning, coordinating, and monitoring population and employment growth across the region. The Niagara Official Plan, 2022 set a 2051 population forecast of 694,000 people and 272,000 jobs. Through the Niagara Official Plan program, the Region was effective in pulling together various, and often inconsistent, data sources from lower-tier municipalities for the purpose of growth monitoring, forecasting and planning. These datasets continue to be collected by the Region and are critical to the planning and budgeting of capital infrastructure and community services. Region staff support replacing multiple/conflicting forecasts and projections with one projection. Niagara Region staff note Ministry of Finance Page 10 of 20 Page 434 of 500 ERO 019-8462 Proposed Provincial Planning Statement (2024) PDS 18-2024 Appendix 2 May 8, 2024 Topic Area Proposed Change / Integration Niagara Region Staff Analysis/Response projections are, like Growth Plan forecasts, provided at the Niagara Region level. With 12 lower-tier municipalities within Niagara staff note this policy change does not contemplate how projections should be allocated between municipalities. Ministry of Finance projections are, furthermore, updated annually and can differ significantly from year-to-year complicating efforts in allocating projections between municipalities. It is the recommendation of Niagara Region staff that additional guidance regarding the distribution and timing of Ministry of Finance projections to lower-tier municipalities. Finally, Ministry of Finance uses the term ‘projections’ while other provincial data is referred to as ‘forecasts’. The draft PPS uses the term interchangeably. While it is understood that there is a difference between terms, it is recommended the Province clarify policy intent. Growth The proposed PPS (2024) requires municipalities, Niagara Region staff have no concern with the Management when updating official plans, to have enough land designated for at least 20 years, but not more than 30 years, (a change from 25 years in the 2020 PPS) with planning expressly allowed to extend proposed change in wording, however, with the repeal of the Growth Plan there will no longer be a consistent approach to completing land needs assessments, and therefore inconsistent Page 11 of 20 Page 435 of 500 ERO 019-8462 Proposed Provincial Planning Statement (2024) PDS 18-2024 Appendix 2 May 8, 2024 Topic Area Proposed Change / Integration Niagara Region Staff Analysis/Response beyond this horizon for infrastructure, employment areas and strategic growth areas. [Proposed policy 2.1.3] approaches to analysis and decision-making regarding land needs requirements. Housing The proposed PPS (2024) expands the definition of “housing options”, to specifically include more examples of “soft intensification” and broader housing arrangements and forms. [Proposed definition of “housing options”]. Niagara Region staff are not opposed to an expanded definition of “housing options”; however, the proposed definition may be beyond what is appropriate for a land use planning document. It is the recommendation of Niagara Region staff that the Province review the proposed definition to ensure it is appropriate and can be implemented through land use planning tool and policies. Intensification The proposed PPS (2024) removes mandatory intensification and density targets for all municipalities. The Growth Plan required municipalities to meet specific intensification and density targets to accommodate forecasted growth. This requirement has not been carried forward, except for the density targets for MTSAs in large and fast-growing municipalities. Instead, municipalities are encouraged to establish density targets “as appropriate, based on local conditions.” [Proposed policy 2.3.1.4] Large and fast-growing Niagara Region staff are concerned with the proposed change. Not having a minimum intensification target or a “built-up area” at the Provincial level, combined with the ability to expand settlement area boundaries at any time, may discourage intensification and encourage sprawl. If sprawl is prioritized over intensification, it will become costly to extend and maintain servicing to greenfield areas, with existing Page 12 of 20 Page 436 of 500 ERO 019-8462 Proposed Provincial Planning Statement (2024) PDS 18-2024 Appendix 2 May 8, 2024 Topic Area Proposed Change / Integration Niagara Region Staff Analysis/Response municipalities are also encouraged, but not infrastructure not being optimized, and further required, to plan for a minimum density target of 50 impact any progress on climate change mitigation. residents and jobs per gross hectare. [Proposed policy 2.3.1.5] It is the recommendation of Niagara Region staff that the province maintain minimum intensification and density targets with clear direction that municipalities may exceed the targets based on local conditions. Land Use The proposed PPS (2024) removes requirement for Niagara staff recommend that the policy Compatibility proponents of sensitive land uses to demonstrate requirement for the proponent of sensitive land need or evaluate alternative locations for sensitive uses to demonstrate the need for the proposed land uses where avoidance of adverse effects is use, and evaluate alternative locations, minimized not possible. [Proposed policy 3.5.2] and mitigation adverse effects be reinstated. Large and The proposed PPS (2024) introduces and identifies Niagara Region staff support the identification and Fast-Growing “large and fast-growing municipalities” (Niagara specific policies for “large and fast-growing Municipalities Falls and St. Catharines in Niagara) . [Proposed definition of “large and fast-growing municipalities” and Proposed Appendix – Schedule 1] municipalities”. Niagara Region staff would however recommend that in Policy 2.3.1.5. “large and fast-growing municipalities” be required to plan for a minimum “Large and fast-growing municipalities” are encouraged to plan for a minimum density target of 50 residents and jobs per hectare in designated growth areas. [Proposed policy 2.3.1.5] density of 50 residents and jobs per hectare, as opposed to only being encouraged to do so. Page 13 of 20 Page 437 of 500 ERO 019-8462 Proposed Provincial Planning Statement (2024) PDS 18-2024 Appendix 2 May 8, 2024 Topic Area Proposed Change / Integration Niagara Region Staff Analysis/Response Major Transit The proposed PPS (2024) carries forward the Niagara Region staff support moving forward with Station Areas concept of major transit station areas from the the concept of major transit station areas (MTSA). Growth Plan, with the definition and minimum density targets being generally the same. [Proposed definition of “major transit station area”] It is noted that proposed policy 2.4.2.2 would result in a higher density target for the Niagara Falls and St. Catharines MTSA compared to what is been identified in the recently approved Niagara Official Plan, 2022 (i.e. an increase from 125 to 150 residents and jobs combined per hectare). Natural In comparison to the existing Provincial Policy Niagara Region staff are not concerned with this Heritage Statement (2020), it appears that there are no changes to the natural heritage policies. Based on Niagara Region staff’s review several changes have been made to the associated natural heritage definitions. Firstly, the definition of “significant” as it applies to wetlands has been updated to reflect the revised process for identifying provincially significant wetlands which was introduced by the Province in late 2022. Secondly, “habitat of endangered species and threatened species” has been removed from the definition of “natural heritage features and areas”. change given that proposed policy 4.1.7 continues to prohibit development and site alteration in the habitat of endangered species and threatened species, except in accordance with provincial and federal requirements, and these habitats would continue to be protected through the Endangered Species Act. Page 14 of 20 Page 438 of 500 ERO 019-8462 Proposed Provincial Planning Statement (2024) PDS 18-2024 Appendix 2 May 8, 2024 Topic Area Proposed Change / Integration Niagara Region Staff Analysis/Response Natural When the updated Growth Plan for the Greater Niagara Region staff are concerned with timing of Heritage Golden Horseshoe was released in 2017 and subsequently revised in 2019, it included policies, definitions, and mapping for a “Natural Heritage System for the Growth Plan” (Growth Plan NHS). Municipalities were required to incorporate and implement the policies and mapping into their official plans. The Growth Plan NHS was included as part of the integrated natural environment system (NES) of the Niagara Official Plan, approved by the Province in November 2022. As the proposed PPS (2024) will integrate the PPS (2020) and Growth Plan (2019), it is understood that there will no longer be a stand alone Growth Plan document, and is therefore understood the Growth Plan NHS would no longer be Provincial land-use policy. elimination of the Growth Plan NHS. The process to develop a new Regional Official Plan was a significant multi-year work program that required a major investment by the community and Region. The natural environment work program – including conformity with the Growth Plan, and implementation of the Growth Plan NHS – was a significant aspect of the work program for the new Official Plan. Further, when Niagara Region staff implemented the Growth Plan NHS it was done so as part of an integrated natural environment system (NES), which also included the natural heritage system, water resource system, and greenbelt natural heritage system. The policies, linkages, and connections included as part of the Growth Plan NHS were relied upon to satisfy the PPS for an overall municipal natural heritage system. It is the recommendation of Niagara Region staff that the mapping and policies of the Growth Plan NHS continue to be provincial land-use policy and be implemented through Municipal official plans. Page 15 of 20 Page 439 of 500 ERO 019-8462 Proposed Provincial Planning Statement (2024) PDS 18-2024 Appendix 2 May 8, 2024 Topic Area Proposed Change / Integration Niagara Region Staff Analysis/Response Phasing of The proposed PPS (2024) introduces a new policy Niagara Region staff are supportive of the Development which would promote the development of phasing policies as appropriate. [Proposed policy 2.3.1.6] proposed policy as it will encourage the orderly development of urban areas and support the efficient use of existing and planning infrastructure and public services. Post The proposed PPS (2024) introduces a new policy Niagara Region staff support the proposed policy Secondary which would require planning authorities to which will help to ensure that there is a range of Institutions collaborate with publicly-assisted post-secondary institutions regarding the planning for student housing [Proposed policy 6.2.5] housing options near existing and planned post- secondary institutions in the Region. Provincially The proposed PPS (2024) has not carried forward Niagara Region staff have no comments as there significant Provincially Significant Employment Zones, which are no PSEZs in Niagara Region. employment were introduced to the Growth Plan in 2019. Lands zones designated as PSEZ are protected from conversion to non-employment uses, except where demonstrated to be appropriate through a full municipal comprehensive review. The implementation document suggests alternative approaches to protect these lands, possibly through the use of minister’s zoning orders. Schools The proposed PPS (2024) acknowledges and encourages the use of non-traditional school Niagara Region staff support the proposed policy. Page 16 of 20 Page 440 of 500 ERO 019-8462 Proposed Provincial Planning Statement (2024) PDS 18-2024 Appendix 2 May 8, 2024 Topic Area Proposed Change / Integration Niagara Region Staff Analysis/Response locations where appropriate for the community. [Proposed policy 3.1.5] Settlement The proposed PPS (2024) would allow for the Niagara Region staff do not oppose this proposed Area creation of new settlement areas. Previously this change in principle. Expansion was not permitted. [Proposed policy 2.3.2.2] Similar to the above response related to settlement areas, it is recommended that the proposed PPS include a requirement to demonstrate need as well as other policy tests noted in proposed section 2.3.2.1 to ensure that Ontario communities are growing in a sustainable, efficient, and cost-effective way. The availability of capacity in servicing infrastructure at a point in time should not presume that an urban area expansion or creation is feasible or appropriate. Settlement The proposed PPS (2024) removes the Niagara Region staff do not support the proposed Area requirement to demonstrate “need” for a settlement change. Expansions area expansion. [Proposed policy 2.3.2.1] The requirement to demonstrate need for an urban boundary expansion is a fundamental consideration in land use planning. The requirement to demonstrate need is an essential policy tool to encourage infill and intensification and to discourage sprawl. Infill and intensification Page 17 of 20 Page 441 of 500 ERO 019-8462 Proposed Provincial Planning Statement (2024) PDS 18-2024 Appendix 2 May 8, 2024 Topic Area Proposed Change / Integration Niagara Region Staff Analysis/Response will also assist with financial sustainability and planning for infrastructure. It is the recommendation of Niagara Region staff that “need” be included as a policy test for settlement area expansions in the proposed PPS (2023). Settlement The proposed PPS (2024) has not carried forward Decades of poor planning in the mid-20th century Area the concept of a municipal comprehensive reviews demonstrated that there is a need for integrated Expansions which was a cornerstone policy of the Growth Plan as a way to plan the expansion of settlement areas in an orderly fashion. The implication of this change is that municipalities may consider settlement area expansions at any time. There is no limitation on the ability of landowners to apply for an expansion. [Proposed policy 2.3.2.1] and coordinated growth planning at the municipal- level. Niagara Region staff understand that there needs to be certain improvement to the planning system in Ontario to implement the provinces goal of 1.5 million new homes by 2031. However, Niagara Region staff do not agree that minimizing coordinated municipal growth management for short term gain, at long-term costs, is the appropriate solution. It is the recommendation of Niagara Region staff that a mechanism similar to MCRs be maintained to ensure that municipalities grow in an integrated and coordinated manner. Page 18 of 20 Page 442 of 500 ERO 019-8462 Proposed Provincial Planning Statement (2024) PDS 18-2024 Appendix 2 May 8, 2024 Topic Area Proposed Change / Integration Niagara Region Staff Analysis/Response Sewage and The proposed PPS (2024) introduces a new policy Niagara Region staff are supportive of the Water which would allow the allocation and reallocation of proposed policy as it will provide an additional tool Services unused capacity in the water and wastewater system to support current and projected housing needs. [Proposed policy 3.6.1 d)] to support municipalities ensuring that approved development is built and allow the reallocation of servicing capacity from approved developments which are not moving forward. Strategic The proposed PPS (2024) has carried forward / Niagara Region staff are supportive of strategic Growth Areas integrated the concept of strategic growth areas from the Growth Plan. They are to be identified in official plans, and should be the focus of growth. They include major transit station areas. [Proposed section 2.4 and proposed definition of “strategic growth area”] growth areas continuing to be part of the planning framework in Ontario. Watershed The proposed PPS (2024) has no carried forward The proposed changes will limit the applicability of Planning the full suite of policies related to watershed and subwatershed planning to inform land use planning as compared to the existing PPS (2020) and Growth Plan (2019). Large and Fast Growing Municipalities are required to undertake watershed planning and other municipalities are encouraged to do so [Proposed policy 2.2.4] watershed planning, and as such will result in negative impacts to the natural environment and the ability to work towards a streamlined system that achieves complete communities. By limiting the municipalities and scope at which watershed planning is undertaken the proposed PPS (2024) does not take into consideration that Page 19 of 20 Page 443 of 500 ERO 019-8462 Proposed Provincial Planning Statement (2024) PDS 18-2024 Appendix 2 May 8, 2024 Topic Area Proposed Change / Integration Niagara Region Staff Analysis/Response Municipalities undertaking watershed planning are encouraged to collaborate with applicable conservation authorities [Proposed policy 4.2.5] watersheds are not limited by municipality boundaries. Page 20 of 20 Page 444 of 500 Administration Office of the Regional Clerk 1815 Sir Isaac Brock Way, PO Box 1042, Thorold, ON L2V 4T7 Telephone: 905-980-6000 Toll-free: 1-800-263-7215 Fax: 905-687-4977 www.niagararegion.ca May 28, 2024 CL 8-2024, May 23, 2024 PEDC 5-2024, May 8, 2024 PDS 16-2024, May 8, 2024 MINISTRY OF THE ENVIRONMENT, CONSERVATION AND PARKS LOCAL AREA MUNICIPALITIES SENT ELECTRONICALLY 2023 Reserve Water and Wastewater Treatment Capacities PDS 16-2024 Regional Council, at its meeting held on May 23, 2024, passed the following recommendation of its Planning and Economic Development Committee: That Report PDS 16-2024, dated May 8, 2024, respecting 2023 Reserve Water and Wastewater Treatment Capacities, BE RECEIVED and BE CIRCULATED to the Ministry of the Environment, Conservation and Parks, and Local Area Municipalities. A copy of PDS 16-2024 is enclosed for your reference. Yours truly, Ann-Marie Norio Regional Clerk js CLK-C 2024-058 cc: I. Stetic, Manager, Water Wastewater Infrastructure M. Sergi, Commissioner, Growth, Strategy and Economic Development N. Oakes, Executive Assistant to the Commissioner, Growth, Strategy and Economic Development Page 445 of 500 PDS 16-2024 May 8, 2024 Page 1 Subject: 2023 Reserve Water and Wastewater Treatment Capacities Report To: Planning and Economic Development Committee Report date: Wednesday, May 8, 2024 Recommendations 1. That Report PDS 16-2024 BE RECEIVED for information; and 2. That Report PDS 16-2024 BE CIRCULATED to the Ministry of the Environment, Conservation and Parks, and Local Area Municipalities. Key Facts • The purpose of this report is to inform Council of the reserve treatment capacities at Niagara's Water and Wastewater Treatment facilities. This reporting is required by the Ministry of Environment, Conservation and Parks (MECP). • The data contained in this report assists in commenting on new development proposals and related servicing, as well as planning for future treatment capacity. • All of Niagara Water Treatment Plants (WTPs) and Wastewater Treatment Plants (WWTPs) are positioned to accept growth beyond the minimum 10-year horizon. Financial Considerations This report provides Council with historical and projected treatment capacity and flow data. There are no direct financial implications in receiving this report. The reserve treatment capacities at the water and wastewater (W&WW) facilities are considered in commenting on new development proposals and related servicing therefore could result in a financial impact related to specific future applications. Analysis The Infrastructure Planning and Development Engineering section of Growth Strategy and Economic Development Department annually reports on an assessment of the average daily W&WW flows based on the previous five years, as recorded at our various facilities compared to MECP rated capacities for the facilities. A key objective of this report is to highlight potential capacity constraints and allow sufficient lead-time to plan for future capacity increases through the W&WW capital programs so that development may continue unencumbered. This desktop exercise, compares five-year Page 446 of 500 PDS 16-2024 May 8, 2024 Page 2 (annual) average flows to the respective MECP Environmental Compliance Approval(s), formerly known as Certificate of Approval(s) for each facility, then incorporates 10-year growth forecasts into the calculation. On-going phasing and staging strategy work with our local municipal partners will further refine this assessment for understanding development capacities. This assessment does not reflect specific compliance, quality, sustainability, risk, or operational deficiencies at the treatment plants or trunk conveyance/transmission systems, which may affect the Region’s ability to approve new development or permit servicing extensions. There are various developments across the Region that will require sewage pumping station upgrades to occur to provide the necessary development capacity to proceed, which are outlined in the Region’s 2021 Water Wastewater Master Servicing Plan Update (MSPU). Continued investment in the sustainability of the existing WTP and WWTP is of paramount importance to ensure that the capacity continues to be available for existing users and future developments. For municipal wastewater treatment, weather is the key factor that results in peak wet weather flow, which impacts the collection and trunk sewers in both local and regional systems through Rainfall Derived Inflow and Infiltration (RDI&I). Wet weather flows can have substantial impact on available WWTP capacities and a direct impact on the limitations of available servicing capacity for future growth. Appendices 1 and 2 provide annual average daily flows and five-year average flows from 2019 to 2023 for the water and wastewater treatment plants, respectively. Appendices 3 and 4 provide a summary of Niagara’s six water treatment facilities and eleven wastewater treatment facilities presenting their respective reserve capacities. A comparison of the total capacity used over a 5-year period versus a 3-year period was completed to determine if recent growth and flow conditions have any significant impacts. For the WTP’s the averaging daily flows over a 5-year period versus a 3-year period in the Reserve Capacity calculations for 2023 does not show a compelling difference or significant trend. For the WWTP’s, there is a general trend of a slightly reduced annual average daily flow except for NOTL WWTP. This can partially be due to several infill and infiltration (I&I) reduction and capacity restoration projects within the recent years. Additionally, due to COVID over the last few years, there may have been some impacts on flows. Figure 1 shows a comparison of the total capacities used for WTPs and WWTPs when daily flows are averaged over the last 3 and 5 years. Page 447 of 500 PDS 16-2024 May 8, 2024 Page 3 Figure 1: Total Capacity Used – Annual Flows Averaged over 3-Year and 5-Year Period 33 56 43 35 37 56 34 56 44 34 36 55 0 10 20 30 40 50 60 Decew Falls WTP Grimsby WTP Niagara Falls WTP Port Colborne WTP Rosehill WTP Welland WTP % Total Capacity UsedWTP WTP -Total Capacity Used 3 Y Average 5 Y Average 54 63 60 55 73 52 62 34 56 67 6657646357 69 54 64 37 60 70 66 0 10 20 30 40 50 60 70 80 % Total Capacity UsedWWTP WWTP -Total Capacity Used 3 Y Average 5 Y Average Page 448 of 500 PDS 16-2024 May 8, 2024 Page 4 If all the major infrastructure sustainability investments are carried out, all of Niagara’s WTPs and WWTPs will be able to accommodate growth beyond the minimum 10-year period (Appendix 3 and Appendix 4). Niagara Official Plan and Water/Wastewater Master Servicing Plan The new Niagara Official Plan was approved by the Regional Council and subsequently approved and adopted by the Province on November 4, 2022. As part of the Plan, the Region completed extensive background review, consultation, and supporting studies in 2022 and 2023, which resulted in policies and mapping to managing growth and the economy while protecting the natural environment, resources and agricultural land, and providing infrastructure to support developments of the whole region. The approval of the Niagara Official Plan helps the Region prepare for the anticipated population of 694,000 people and 272,000 jobs by 2051. The anticipated growth out to 2051 from the Niagara Official Plan process was utilized in the 2021 Master Servicing Plan Update (MSPU) to determine the required water and wastewater growth capital projects for the future while maintaining the existing infrastructure. The 2021 MSPU is a critical component in the Region’s planning for growth and provides the framework and vision for the water and wastewater servicing needs for the lake-based service areas of the Region to 2051 and beyond. The 2021 MSPU evaluates the ability of the existing and planned water and wastewater infrastructure to continue servicing the Region’s existing users, to prepare for servicing anticipated growth, and to evaluate and develop recommended strategies in an efficient and effective manner. This included consideration for Regional water and wastewater infrastructure to be aligned with the urban expansion and intensification areas identified in the Niagara Official Plan review. Additionally, the potential impacts of estimated growth beyond 2051 was considered due to the longer useful life of water and wastewater infrastructure assets. Recent growth projections and development densities provided by LAMs have been proposing greater amounts of growth than originally anticipated in the 2021 MSPU. The Region is continuing to work with LAMs to better understand these development pressures and projections as alignment of infrastructure, growth and financing are critical to the success of Niagara. These updated growth projections will influence the next MSPU, which will be commencing in 2025. Page 449 of 500 PDS 16-2024 May 8, 2024 Page 5 Wet Weather Management The Niagara wastewater systems are a mix of separated and combined sewer systems. Each system is experiencing varying levels of impact during wet weather conditions. Climate change continues to create changing weather conditions and the wastewater systems are experiencing, in most cases, high peak flows under rainfall events. To accommodate the anticipated growth from Niagara 2051 and to maintain an existing servicing level for the wastewater infrastructure, system capacity upgrades (upgrades to trunk sewers, pumping stations, etc.) and the upstream management (storage, peak shaving, diversion) together with peak flow management (I&I reduction projects) for every wastewater system were investigated. Based on this review, there are wet weather projects listed with identified areas for targeted I&I removal to offset the requirement to upgrade and expand more expensive infrastructure all the way to the WWTPs. It is crucial to achieve the I&I reductions to use free capacity for growth, to protect the environment, and mitigate potential basement flooding. The wet weather management program currently identifies, in the 2021 MSPU, overall preliminary priority, staging of location and target amount of I&I reduction across all systems. This program provides for a proactive and targeted approach to addressing wet weather impacts. The Region has been aiding Local Area Municipalities by funding the CSO Control Program as a part of the overall Wet Weather Management Strategy to support various I&I related projects and programs on the municipal side. This program has been reducing the impacts of I&I and has been a benefit to both, the Region, and the Local Area Municipalities. Therefore, it is important to continue working collaboratively to facilitate ongoing development throughout the region and provide the requisite servicing and capacity allocation in a responsible way to service the communities. The available funding for the 2023 CSO Control Program has been fully utilized and subscribed with applications from the Municipal partners. A separate report on the 2024 CSO Control Program is anticipated to be presented to the Planning and Economic Development Committee as well. Staff is working with the Development Industry including Public Works Officials, Building Officials, Developers, Consultants and Contractors to raise awareness on the wet weather management issues and potential upcoming changes to address this. The Region is also represented at the Expert Stakeholder Committee (ESC) for the Guideline to Undertaking Flow Monitoring of New Construction and will work with all Page 450 of 500 PDS 16-2024 May 8, 2024 Page 6 interested parties to move forward with a consistent approach for the review the flow monitoring of new subdivisions. South Niagara Servicing Solution and South Niagara Wastewater Treatment Plant Although this report identifies there is short term capacity available at the existing Niagara WWTP, it only considers the treatment capacity at the plant for the next 10 years. It does not consider the constraints in the existing sanitary collection system, wet weather flow issues, consideration for development demands and longer-term growth, or the required infrastructure improvements to get the flows to the plant. As part of Niagara 2051, there was an update to the Water and Wastewater MSPU. The MSPU used updated population and employment growth forecasts based on a 2051 planning horizon. Based on the Niagara 2051 planning review, the implementation of the South Niagara Servicing Solution and timing of the new South Niagara Wastewater Treatment Plant (SNWWTP) continues to be supported and necessary to accommodate growth. In Niagara Falls, there is not enough capacity in the existing sewer system nor at the existing treatment plant to meet the increasing system demands resulting from growth, as well as the increased wet weather flows due to aging infrastructure and climate change. The South Niagara Servicing Solution is essential to unlocking the development potential in the broader South Niagara area and the capital program to support the servicing solution will provide greater flexibility for developments in St. Catharines, Niagara Falls, Thorold, and Niagara-on-the-Lake. The total growth is estimated to be over 90,000 people and jobs to the year 2051 and the South Niagara Servicing Solution also considers potential long-term growth beyond 2051. The ability to redirect existing flows to the south, provide additional capacity in the new trunk sewer, provide flexibility for storage in the trunk sewer, and ultimately treat the wastewater flows at the new SNWWTP all contribute to a significant wet weather management program. In addition, the location of the new SNWWTP will provide flexibility for the potential for additional wet weather management through potential connections of other service areas such as Chippawa, Thorold, St.Catharines, Niagara Falls and Niagara-on- the-Lake. Through the analysis undertaken as part of the Class EA process, it is estimated that the new South Niagara Serving Solution will result in a reduction of over 60% of wet weather volume overflow to the environment. This servicing solution is integral to the overall growth servicing strategy that supports the anticipated residential and employment growth in the Niagara Falls, Niagara-on-the- Page 451 of 500 PDS 16-2024 May 8, 2024 Page 7 Lake, Thorold, and St. Catharines service areas. This total growth is estimated to be over 90,000 people and jobs in the area out to the year 2051. The South Niagara Servicing Solution also considers potential long-term growth beyond 2051. Queenston Wastewater Treatment Plant As part of the South Niagara Servicing solution, a variety of opportunities were explored to redirect flows from Queenston WWTP to Niagara Falls and decommission the plant. However, during the recently finished Queenston – St. David’s Wastewater Servicing Strategy EA, preferred and supported option is keeping the plant to enhance the wastewater system operational flexibility. Alternatives Reviewed No alternatives reviewed. Relationship to Council Strategic Priorities The report aligns with responding to our current community needs and planning for future growth, which is Council’s Priority of Equitable Region. Simultaneously, the report helps ensuring current and future infrastructure is resilient emphasizing Council’s Priority for a Green and Resilient Region. The report also provides MECP and local municipal partners operational summary and reserve capacity projections for Region’s Water and Wastewater Treatment facilities. Other Pertinent Reports • PW 39-2021, September 9, 2021, South Niagara Falls Wastewater Treatment Plant – Budget and Property • PDS 13-2023, May 10, 2023, 2022 Reserve Water and Wastewater Treatment Capacities • PDS 17-2022, June 15, 2022, Official Plan Recommendations Report for Adoption Page 452 of 500 PDS 16-2024 May 8, 2024 Page 8 ____________________________ Prepared by: Ilija Stetic, B.Sc., PMP, CET Manager W-WW Infrastructure Growth Strategy and Economic Development _______________________________ Recommended by: Michelle Sergi, MCIP, RPP Commissioner Growth Strategy and Economic Development ________________________________ Submitted by: Ron Tripp, P.Eng. Chief Administrative Officer This report was prepared in consultation with Phill Lambert, Acting Director, W-WW Services, Susan Dunsmore, Acting Director, Infrastructure Planning and Development Engineering, John Brunet, AD Water Operations and Maintenance and Jason Oatley, Manager WW Quality & Compliance. Appendices Appendix 1 Annual Average Daily Flow 2019 to 2023 WTP Appendix 2 Annual Average Daily Flow 2019 to 2023 WWTP Appendix 3 Water Reserve Capacity Calculations for 2023 Appendix 4 Wastewater Reserve Capacity Calculations for 2023 Page 453 of 500 PDS 16-2024 Appendix 1 May 8, 2024 Appendix 1: WTP Annual Average Daily Flow 2019 - 2023 Water Rated Average Daily Flow (m3/d) 5 Year 3 Year Treatment Capacity 2019 2020 2021 2022 2023 Average Average Plant (m3/d) 2019 / 23 2021 / 23 Decew Falls WTP 227,300 53,303 53,390 50,824 52,970 52,830 52,663 52,208 Grimsby WTP 44,000 14,029 15,726 14,872 14,809 14,610 14,809 14,764 Niagara Falls WTP 145,584 43,400 40,145 40,125 42,164 43,050 41,777 41,780 Port Colborne WTP 36,000 7,282 6,870 6,387 6,953 8,310 7,160 7,217 Rosehill WTP 50,026 11,188 11,024 11,710 13,025 12,710 11,931 12,482 Welland WTP 65,000 22,579 24,670 24,675 24,162 24,100 24,037 24,312 Page 454 of 500 PDS 16-2024 Appendix 2 May 8, 2024 Appendix 2: WWTP Annual Average Daily Flow 2019 - 2023 Wastewater Rated Average Daily Flow (m3/d) 5 Year 3 Year Treatment Capacity 2019 2020 2021 2022 2023 Average Average Plant (m³/d) 2019 / 23 2021 / 23 Anger Avenue WWTP 24,500 14,624 15,146 13,580 13,171 12,992 13,903 13,248 Baker Road WWTP 31,280 19,975 20,910 17,952 17,081 23,700 19,923 19,578 Crystal Beach WWTP 9,100 5,874 6,276 5,688 5,256 5,423 5,703 5,456 Niagara Falls WWTP 68,300 41,489 41,360 35,242 35,197 42,902 39,238 37,780 NOTL WWTP 8,000 4,687 5,237 5,142 5,602 6,823 5,498 5,856 Port Dalhousie WWTP 61,350 35,095 36,681 34,113 31,793 29,176 33,372 31,694 Port Weller WWTP 56,180 36,881 39,211 33,751 33,176 38,024 36,208 34,983 Queenston WWTP 500 198 213 135 142 225 183 168 Seaway WWTP 19,600 12,580 13,472 11,299 10,200 11,391 11,789 10,964 Stevensville/Douglastown 2,289 1,670 1,729 1,592 1,552 1,479 1,604 1,541 Welland WWTP 54,550 34,643 37,137 33,617 34,288 39,800 35,897 35,902 Page 455 of 500 PDS 16-2024 Appendix 3 May 8, 2024 Appendix 3: WTP Reserve Capacities for 2023 Water Permit Rated Theoretical 90% of 5-Year Total Reserve Design Reserve 10-Year Surplus Treatment Plant To Take (1)Water Treatment Capacity Ave Day Capacity Ave Day (2)Capacity Ave Day Flow Peaking Factor Capacity Used Treatment Capacity Flow (3)Rate Serviceable Population Forecast Population Population 10-Year MLD 90% MLD 246 Lcd Equivalents Res & Emp Projection DeCew Falls 227.0 227.3 153.3 138.0 52.7 1.483 34%85.3 246 346,748 30,223 316,525 Grimsby 44.0 44.0 26.5 23.9 14.8 1.659 56%9.0 246 36,585 17,037 19,548 Niagara Falls 145.5 145.6 94.0 84.6 41.8 1.548 44%42.8 246 173,984 28,700 145,284 Port Colborne 45.5 36.0 21.2 19.1 7.2 1.700 34%11.9 246 48,374 2,032 46,342 Rosehill 78.0 50.0 32.8 29.5 11.9 1.525 36%17.6 246 71,545 7,151 64,394 Welland 110.0 65.0 44.0 39.6 24.0 1.476 55%15.6 246 63,415 18,388 45,027 Note 1: Original MOE approved quantity of raw water permitted (Permit To Take Water). Note 2: Region's 2021 W&WW MSP requires planning process for expansion when plant capacity exceeds 80%, and expansion should be completed when capacity exceeds 90%. Note 3: Region's 2021 W&WW MSP new design criteria calls for 240 Lcd residential consumption and 270 Led employment consumption This is equivalent to 246 Lcd for both, using the 79% and 21% residential and employment share, respectively. Page 11Page 456 of 500 PDS 16-2023 Appendix 4 May 8, 2024 Appendix 4: WWTP Reserve Capacity for 2023 Wastewater MECP 90% of 5-Year Total Reserve Design Reserve 10-Year Surplus Treatment Rated Plant Average Capacity Treatment Flow Serviceable Forecast Population Plant Capacity Capacity(1) Daily Flow Used 90%Capacity Rate (2) Population Population 10-Year m3/d m3/d 356 Lcd Equivalents Res & Emp Projection Anger Avenue (Fort Erie) 24,500 22,050 13,903 57% 8,147 356 22,886 4,730 18,156 Baker Road (Grimsby) 31,280 28,152 19,923 64% 8,229 356 23,114 20,442 2,672 Crystal Beach (Fort Erie) 9,100 8,190 5,703 63% 2,487 356 6,986 1,081 5,905 Niagara Falls (3) 68,300 61,470 39,238 57% 22,232 356 62,450 22,309 40,141 NOTL 8,000 7,200 5,498 69% 1,702 356 4,780 1,036 3,744 Port Dalhousie (St. Catharines 61,350 55,215 33,372 54% 21,843 356 61,358 13,784 47,574 Port Weller (St. Catharines) 56,180 50,562 36,208 64% 14,354 356 40,319 9,392 30,927 Queenston (NOTL) (4) 500 450 183 37% 267 356 751 34 717 Seaway (Port Colborne) 19,600 17,640 11,789 60% 5,851 356 16,437 2,008 14,429 Stevensville/Douglastown 2,289 2,060 1,604 70% 456 356 1,280 994 286 Welland 54,550 49,095 35,897 66% 13,198 356 37,072 18,235 18,837 Note 1: Region's 2021 W&WW MSP requires planning process for expansion when plant capacity exceeds 80%, and expansion should be completed when capacity exceeds 90%. Note 2: Region's 2021 W&WW MSP new design criteria calls for 255 Lcd residential and 310 Led employment generation rate including 90 Lcd of extraneous flow allowance. An equivalent of 356 Lcd is applied using 80% and 20% for residential and employment growth share, respectively. Note 3: The Niagara Falls WWTP assessment includes the sewage flows from the St. David's area of Niagara-on-the-Lake. Note 4: The Queenston WWTP in Niagara-on-the-Lake has a unique capacity commitment of 226 m³/d for the following properties: Niagara Parks Commission (75 m³/d), Niagara Falls Bridge Commission (63 m³/d), Shalamar Campground (38 m³/d) and Ontario Power Generation (50 m³/d). Due to these commitments and limited UAB, limited residential growth is expected within the next 10 years within the tributary area. Page 457 of 500 Administration Office of the Regional Clerk 1815 Sir Isaac Brock Way, PO Box 1042, Thorold, ON L2V 4T7 Telephone: 905-980-6000 Toll-free: 1-800-263-7215 Fax: 905-687-4977 www.niagararegion.ca April 29, 2024 CL 6-2024, April 25, 2024 PEDC 4-2024, April 10, 2024 PDS 13-2024, April 10, 2024 DISTRIBUTION LIST SENT ELECTRONICALLY 2023 Niagara Employment Inventory Results PDS 13-2024 Regional Council, at its meeting held on April 25, 2024, passed the following recommendation of its Planning and Economic Development Committee: That Report PDS 13-2024, dated April 10, 2024, respecting 2023 Niagara Employment Inventory Results, BE RECEIVED and BE CIRCULATED to Local Area Municipalities, Local Economic Development Offices, Workforce Collective, Niagara Chambers of Commerce, Brock University and Niagara College. A copy of PDS 13-2024 is enclosed for your reference. Yours truly, Ann-Marie Norio Regional Clerk js CLK-C 2024-045 cc: C. Tia, Planner, Growth, Strategy and Economic Development M. Sergi, Commissioner, Growth, Strategy and Economic Development N. Oakes, Executive Assistant to the Commissioner, Growth, Strategy and Economic Development Page 458 of 500 Page 2 Distribution List: Local Area Municipalities Local Economic Development Offices Workforce Collective Niagara Chambers of Commerce Brock University Niagara College Page 459 of 500 PDS 13-2024 April 10, 2024 Page 1 Subject: 2023 Niagara Employment Inventory Results Report To: Planning and Economic Development Committee Report date: Wednesday, April 10, 2024 Recommendations 1.That this report BE RECEIVED for information; and 2.That PDS 13-2024 BE CIRCULATED to the Local Area Municipalities, Local Economic Development Offices, Workforce Collective, the Niagara Chambers of Commerce, Brock University and Niagara College. Key Facts •The purpose of this report is to highlight the key results of the data collected during the 2023 Niagara Employment Inventory (NEI). •The NEI is an annual direct data collection exercise (inventory and questionnaire) where a team of post-secondary students inventory publicly accessible businesses across Niagara. •The Region began conducting the NEI in 2016, other than a two year pause during the pandemic, the survey has been carried out consistently each year, with 2024 survey preparations underway. •The 2023 NEI team inventoried a total of 12,860 businesses throughout Niagara and received 10,318 completed responses, which captured the location of 146,128 full and part-time jobs and the associated data about the jobs reported by businesses who chose to participate in the questionnaire. •Data captured through the NEI is shared with and is a key asset for internal Regional departments, local area municipalities and other organizations. A subset of the data collected is also published to Open Data to make it available to the public. Financial Considerations The NEI was funded through the Council-approved 2023 operating budget within Growth Strategy and Economic Development’s base budget. Page 460 of 500 PDS 13-2024 April 10, 2024 Page 2 ______________________________________________________________________ Analysis Niagara Region is among several municipalities in Ontario that collect workplace and employment data. Since 2016, the Growth Strategy and Economic Development department has collected primary data on the types and sizes of businesses operating in Niagara. The NEI is conducted annually by a small team of post-secondary students between the months of May and September. The primary data collection method is through door-to- door, in-person interviews with local business owners, with additional follow-up engagement conducted through email and telephone communication. The data collected has become vital to monitoring the region's economic health, as well as aiding in decision and policy making. The information collected over the years has culminated into a comprehensive dataset of business information that provides the ability to analyze the regional employment landscape over time. The inventory is a geo- coded, spatially enabled dataset that facilitates analysis at a street-address level. The business questionnaire was developed based on best practices from other municipalities in the Greater Toronto and Hamilton area, as well as through consultation with the following stakeholders and experience gained over the years from administering the project: • Internal Regional departments; • Local area municipalities; • Local economic development offices; and • Brock University. Each year, the NEI questionnaire features a core set of questions that are tailored to gain fundamental insight into the local business community. These questions remain unchanged each year accurately compare results over time. The core questions are in alignment with employment questionnaires administered by our municipal counterparts in the Greater Toronto and Hamilton Area. In 2022, two new categories were added to the questionnaire focused on (1) diversity, equity and inclusion and (2) work from home. These questions were added to gain an understanding of the demographic characteristics of the business community, and to provide insight into the number of businesses with employees working from home. Page 461 of 500 PDS 13-2024 April 10, 2024 Page 3 ______________________________________________________________________ These questions remained in the 2023 survey and are expected to remain in 2024. In 2023, the NEI team inventoried 12,860 businesses and received 10,318 completed questionnaires, which captured the physical location of 146,128 full and part time jobs. Compared to 2022 results, there is an increase of 33,627 jobs identified. It is important to note that the number of jobs reported is not a reflection of the local job market, but rather is the result of a higher participation rate in 2023 compared to 2022, and that the total number of businesses inventoried includes businesses observed to no longer be in operation or vacant. Participation in the NEI is voluntary. Despite best efforts, the project team is unable to make direct contact with all business owners or, occasionally, a business declines to participate. Results Table 1 in Appendix 1 illustrates the proportion of complete and partially complete inventory records from 2016-2019, and 2022-2023. A complete inventory record indicates that a business provided responses to the inventory questionnaire from beginning to end (“complete questionnaire”), or the business was confirmed to be permanently closed or vacant. Partially complete records indicate the inventory team was not able to make direct contact with a business representative. In these cases, the project team still captures several key attributes, such as verifying the physical location of the data point and associated sector and industry codes. The NEI continues to see a low rate (less than 1%) of businesses, who when contacted, decline to participate. In 2023, a completion rate of 80% was achieved. The completion rate in 2023 is strong with a 5% increase since 2022. A steady increase in the completion rate year-over-year can be attributed to greater familiarity with the survey and project team, a streamlined data entry methodology, and joint communication outreach conducted by our local Chambers of Commerce and other interest groups. Job Type Results Table 2 in Appendix 1 illustrates the number of businesses inventoried and jobs captured within complete questionnaires in the 2023 NEI by sector based on the 2-digit North American Industry Classification System (NAICS). The NAICS was established by Page 462 of 500 PDS 13-2024 April 10, 2024 Page 4 ______________________________________________________________________ statistical agencies of Canada, Mexico and the United States. It is a standardized industry classification system used to categorize business establishments based on the type of economic activity of the business. Based on the number of businesses inventoried, the top three sectors observed in 2023 were: retail trade (22.0%), accommodation and food services (14.8%) and other services (except public administration) 1(13.2%). When combined, these sectors make up 50% of all the businesses captured in the inventory. Based on the number of jobs captured in complete questionnaires, the top three sectors observed in 2023 were: accommodation and food services (17.4%), retail trade (17.0%), and health care and social assistance (12.6%). Together, these sectors make up 47% of the total jobs captured in complete questionnaires. Business Closures and Openings Since 2022, approximately 797 businesses inventoried have been identified as no longer being in operation or vacant. The top three sectors that experienced business closures were retail trade; accommodation and food services; and other services (except public administration). Over the same period, approximately 1,269 new businesses were identified and added to the inventory in 2023. The top three sectors that new businesses were observed in are: retail trade; accommodation and food services; and health care and social assistance. Distribution of Inventoried Businesses and Number of Jobs by Municipality Table 3 in Appendix 1 illustrates the municipal breakdown of the number of businesses and jobs reported over the six years inventory period. As mentioned above, the total businesses inventoried includes businesses observed to no longer be in operation or vacant, and total jobs reported are only for complete questionnaires. Work from Home In total, 1,021 businesses reported having staff working from home, representing approximately 7,023 employees. The majority of employees working from home were in the professional, scientific and technical services (34.9%), education (15.8%), and 1 Other Services includes repair shops, personal care facilities and laundry services, among other industries. Page 463 of 500 PDS 13-2024 April 10, 2024 Page 5 ______________________________________________________________________ manufacturing (10.4%). Diversity, Equity and Inclusion Niagara Region is the first municipal employment questionnaire in the Golden Horseshoe to include questions pertaining to Diversity, Equity and Inclusion (DEI). These questions were added in 2022 and asked again in 2023 to gain a baseline understanding of demographic characteristics of the leadership teams in the Niagara business community. Table 4 in Appendix 1 provides the responses to the questions in the newly added DEI section. Businesses were asked whether the majority of the business (+50%) are owned or led by: • Person who identifies as a woman • Person who identifies as a member of the 2SLGBTQQIA+2 community • Person who identifies as being disabled • First Nations, Inuit or Métis person • Person who identifies as a visible minority • Youth (Less than 18 years old) • Person who is a new immigrant (in Canada less than 5 years) Respondents were given the option to complete the DEI section in person or online. In total, 1,457 business owners responded to the questions in the DEI section. Respondents could also choose to decline to answer the DEI section of the questionnaire. Staff in the DEI and Indigenous Relations team are reviewing the responses to develop strategies to continue to increase response rates in the future. This data will also be used to inform ongoing DEI initiatives at the Region. Utilizing NEI Data The data collected each year through the NEI provides detailed local business information that is not available through Statistics Canada data. In most cases, Statistics Canada data is updated once every five years providing high level data. Whereas the NEI is updated on a yearly basis to capture the current locational information, excluding the two-year data gap prompted by the COVID-19 pandemic. Statistics Canada data remains the authoritative data source for performing analysis at 2 Two spirit, lesbian, gay, bisexual, transgendered, queer, questioning, intersex, asexual, and all other sexual orientations and genders. Page 464 of 500 PDS 13-2024 April 10, 2024 Page 6 ______________________________________________________________________ regional and municipal level geographies; but lacks the ability to analyze raw business data at the street address level. Collecting annual business data at the street address level allows for detailed analysis to be carried out at custom geographies and time series. The NEI results are used in conjunction with Statistics Canada data and other data sources to accurately monitor the regional economy. This allows for a better understanding of where the Region can take action to help facilitate economic growth and understand the changes that have taken place since the two-year reporting gap. Reliable business data is an integral resource to better understand the region’s employment context. This dataset plays a significant role in supporting decisions related to population and employment growth, infrastructure investment (including public transit), economic development inquiries, and the ongoing monitoring of economic conditions and trends. In addition to supporting decision making, the data collected over the years has been used by the Region to facilitate analysis to support and add value to various projects. Below are examples of projects that the NEI data has been used for: • South Niagara Hospital Project Business Directory; • Niagara Official Plan Land Needs Assessment; • Niagara Region Waste Collection Contract Review; and, • Brock University Active Economy and Sport Tourism Research. Economic Development also uses the NEI data to connect businesses to supply chain opportunities, support international promotion through the Niagara Canadian Business Directory, and to assist in analyzing the regional economy. Building Relationships The NEI also provides key opportunities for the Region to personally connect with local businesses to further develop partnerships, foster an environment for innovation and development within the Niagara business community, and the ability to listen and address any comments or concerns. Staff turnover and changing business operations can become an obstacle when trying to engage businesses, largely because the contact information in the NEI database became outdated. Following the two year reporting gap, the project team continued to focus on building relationships with the business Page 465 of 500 PDS 13-2024 April 10, 2024 Page 7 ______________________________________________________________________ community in 2022 and 2023. To do so, the project team sought to educate business representatives on the value of the data relative to how it is used by the Region and local municipalities. Addressing concerns of business owners continues to be an important step in building and maintaining strong working relationships with the community. On occasion, concerns were expressed by business owners, which were addressed immediately by the project team. Where the project team could not address the concern, the business owner was referred to resources available at the Region, such as the Waste Management Info-Line or local business support services. Table 5 in Appendix 1 highlights the responses received when business owners were asked, “Is there anything Niagara Region could do to help support your business?” For reporting purposes, the responses have been categorized into themes only. The top three themes for 2023 are business exposure (14.9%), infrastructure/traffic issues/construction (12.4%), and incentives/grants/contracts (11.7%). The raw comments are shared with applicable internal departments, and with local municipal partners. Open Data Each year, a subset of the NEI results is released to the public through the Niagara Region Open Data Portal. Open Data places information in the hands of the public, promoting innovation and fostering greater transparency and accountability. The following attributes from the Employment Inventory dataset are made available to the public including, business name, location information, 6-digit North American Industry Classification System (NAICS) code, and employee size categories. Alternatives Reviewed Council could opt not to receive and share this report. However, as the results of the NEI contribute to projects and initiatives which are actions of Council’s Strategic Priorities, this option is not recommended. Relationship to Council Strategic Priorities The NEI is a key tool that the Niagara Region uses to strengthen its economic competitiveness by better understanding its current employment landscape and workforce composition. Page 466 of 500 PDS 13-2024 April 10, 2024 Page 8 ______________________________________________________________________ The NEI project supports Council’s strategic priorities of Prosperous Region, Equitable Region, and Effective Region. Data collected through engaging the business community is used to inform decision-making related to population and employment growth, infrastructure investment, public transit planning, economic development, and the ongoing monitoring of economic conditions. The Niagara Region and local area municipalities rely on this dataset as a valuable asset when developing robust business cases designed to attract investment, innovation, and entrepreneurship to Niagara and strengthen the Region’s position globally. Other Pertinent Reports • PDS 13-2016 Niagara Region Employment Survey • PDS 1-2017 Niagara Region Employment Inventory Preliminary Results • PDS 5-2018 Niagara Region 2017 Employment Inventory Results • PDS 6-2019 Niagara Region 2018 Employment Inventory Results • PDS 5-2020 Niagara Region 2019 Employment Inventory Results • PDS 12-2021 2021 Niagara Employment Inventory Status Update • PDS 6–2023 2022 Niagara Employment Inventory Result ____________________________ Prepared by: Cynthia Tia Planner Growth Strategy and Economic Development _________________________ Recommended by: Michelle Sergi, MCIP, RPP Commissioner Growth Strategy and Economic Development Page 467 of 500 PDS 13-2024 April 10, 2024 Page 9 ________________________________ Submitted by: Ron Tripp, P.Eng. Chief Administrative Officer This report was prepared in consultation with Julianna Vanderlinde, Grants and Incentives Program Manager, Erik Acs, Manager of Community Sustainability, Blake Landry, Economic Research and Analysis Manager, Susan White, Program Financial Specialist, and reviewed by Angela Stea, Director, Corporate Strategy and Community Sustainability. Appendices Appendix 1 Data Tables Page 468 of 500 PDS 13-2024 April 10, 2024 Appendix 1 APPENDIX 1 Data Tables Page 469 of 500 PDS 13-2024 April 10, 2024 Appendix 1 Table 1 – Inventory Completion Rate Year Complete Inventory Record Partially Complete Record Declined to Participate 2016 68% 30% 2% 2017 76% 22% 2% 2018 87% 12% 1% 2019 90% 9% <1% 2022 75% 24% <1% 2023 80% 19% <1% Page 470 of 500 PDS 13-2024 April 10, 2024 Appendix 1 Table 2 – Number of Businesses and Jobs by NAICS Sector NAICS Industry Sector (2-Digit) Number of Jobs 2023 Number of Jobs Proportion of Region Number of Businesses 2023 Number of Businesses Proportion of Region Accommodation and food services 25,374 17.4% 1,902 14.8% Retail trade 24,910 17.0% 2,832 22.0% Health Care and social assistance 18,430 12.6% 1,362 10.6% Manufacturing 17,823 12.2% 859 6.7% Educational services 14,100 9.6% 250 1.9% Public administration 7,693 5.3% 227 1.8% Other services (except public administration) 5,163 3.5% 1,703 13.2% Construction 5,010 3.4% 425 3.3% Professional, scientific and technical services 4,110 2.8% 855 6.6% Arts, entertainment and recreation 3,914 2.7% 459 3.6% Administrative and support, waste management and remediation services 3,542 2.4% 314 2.4% Agriculture, forestry, fishing and hunting 3,487 2.4% 170 1.3% Wholesale trade 3,236 2.2% 275 2.1% Finance and Insurance 3,002 2.0% 475 3.7% Transportation and warehousing 2,882 2.0% 227 1.8% Real estate and rental and leasing 2,042 1.4% 333 2.6% Information and Cultural Industries 826 0.6% 144 1.1% Utilities 475 0.3% 33 0.3% Mining, quarrying, and oil and gas extraction 68 0.0% 7 0.0% Management of companies and enterprises 41 0.0% 8 0.0% Total 146,128 100% 12,860 100% Page 471 of 500 PDS 13-2024 April 10, 2024 Appendix 1 Table 3 – Distribution of Inventoried Businesses and Jobs by Municipality Municipality 2016 2017 2018 2019 2022 2023 Total Businesses Total Jobs Total Businesses Total Jobs Total Businesses Total Jobs Total Businesses Total Jobs Total Businesses Total Jobs Total Businesses Total Jobs Fort Erie 709 6,351 719 6,867 763 8,414 775 8,301 844 5,547 786 5,689 Grimsby 443 4,009 455 4,750 465 5,204 479 6,682 512 4,210 526 6,509 Lincoln 440 4,198 543 6,650 564 6,964 571 8,108 604 6,772 627 8,249 Niagara Falls 2,514 22,929 2,553 32,982 2,642 32,687 2,715 33,473 2,982 24,415 2,973 33,828 NOTL 456 7,082 513 9,707 560 11,238 596 10,926 636 7,999 669 10,072 Pelham 271 1,743 301 2,275 318 2,677 334 3,202 372 2,865 393 3,724 Port Colborne 461 2,912 465 3,917 468 4,176 478 4,682 518 3,405 484 4,076 St.Catharines 3,657 43,045 3,771 44,254 3,966 48,130 4,051 48,726 4,396 40,107 4,292 46,594 Thorold 460 4,980 491 5,307 523 5,674 538 6,693 582 5,425 593 7,337 Wainfleet 43 179 58 402 60 507 61 479 72 497 83 576 Welland 1,161 11,221 1,158 12,122 1,188 14,149 1,214 14,010 1,299 9,274 1,212 16,519 West Lincoln 128 1,489 175 1,911 203 2,364 204 2,677 216 1,985 222 2,955 Niagara Region 10,743 110,138 11,202 131,144 11,720 142,184 12,016 147,959 13,033 112,501 12,860 146,128 Page 472 of 500 PDS 13-2024 April 10, 2024 Appendix 1 Table 4 –Diversity Equity and Inclusion Responses Table 5 - “Is there anything Niagara Region could do to help support your business?” Response Women Led 2SLGBTQQIA+ Led Disability Led First Nations, Inuit, Metis Led Visible Minority Led Youth Led New Immigrant Led Yes 731 62 61 33 160 16 54 No 703 1,328 1,339 1,414 1,222 1,419 1,355 Decline 114 126 103 87 112 63 92 Response Themes Responses Received 2023 Proportion 2022 Proportion 2023 Business Exposure 288 11.5% 14.9% Infrastructure/Traffic Issues/Construction 240 17.3% 12.4% Incentives/Grants/Contracts 225 6.2% 11.7% Taxes and Utilities 219 12.5% 11.3% Skills and Labour Force 164 6.2% 8.5% Social Support Programs/Programs 136 6.5% 7.0% Health and Safety 136 5.5% 7.0% Parking Issues 95 5.5% 4.9% Waste Management 90 15.8% 4.7% Awareness and Education 90 2.3% 4.7% Development Process/Zoning/Land Use 79 2.7% 4.1% Transit 55 1.6% 2.9% Governance 45 1.2% 2.3% Beautification 42 1.7% 2.2% Impact of COVID-19 12 3.0% 0.6% Development Charges 11 0.4% 0.6% Other 3 0.0% 0.2% Total 1,930 100% 100% Page 473 of 500 THE CORPORATION OF THE TOWNSHIP OF LARDER LAKE 69 Fourth Avenue,Larder Lake,ON Phone:705-643-2158 Fax:705-643-2311 MOVED BY:SECONDED BY:Motion #2 12 omas Armstrong _El Thomas Armstrong Resolution #1Cl CZ?EggtriciaHull El PatriciaHull Date:June 11,2024 _ C]Paul Kelly aul Kelly _El Lynne Paquette _El Lynne Paquette WHEREAS,the Public Sector Accounting Board (PSAB)establishes accounting standards for the public sector which must be followed by all Ontario municipalities;And WHEREAS,the Municipal Act,2001 section 294.1 states that a municipality shall,for each ?scal year,prepare annual ?nancial statements for the municipality in accordance with generally accepted accounting principles for local governments as recommended,from time to time,by the Public Sector Accounting Board of the Chartered Professional Accountants of Canada;And WHEREAS,PS 3280 is a new accounting standard covering asset retirement obligations (ARO) that was approved by PSAB in March 2018;And WHEREAS,the standard must be applied by all public sector entities who prepare their ?nancial statements under PSAB,including all Canadian municipalities;And WHEREAS,many small municipalities do not have accountants or engineers on staff to complete the ARC obligations and this major accounting change will force small municipalities to hire consultants to complete this work and cause a signi?cant ?nancial burden to municipalities; NOW THEREFORE BE IT RESOLVED THAT The Corporation of the Township of Larder Lake hereby calls upon the province of Ontario to provide ?nancial assistance to municipalities to complete the ARC;And FINALLY,THAT 3 copy of this resolution be forwarded to the Honourable Paul Calandra, Minister of Municipal Affairs and Housing,the Association of Municipal Clerks and Treasurers Recorded vote requested:El I declare this motion For Against El Carried Tom Armstrong El Lost /Defeated Patricia Hull El Deferred to:(enter date) Referred to:(enter body)Patty Quinn Expected regaonse:(enter date)Disclosure of Pecuniary Interest"Chair:*Disclosedhis/her (their)interest(s),abstained from discussion and did not vote on this question.Page 474 of 500 THE CORPORATION OF THE TOWNSHIP OF LARDER LAKE 69 Fourth Avenue,Larder Lake,0N Phone:705-643-2158 Fax:705-643-2311 MOVED BY:SECONDED BY:Motion #:l3 _El Thomas Armstrong _El Thomas Armstrong Resolution #1 _El Patricia Hull _El Patricia Hull Date:June 1 1,2024 _El Paul Kelly _El Paul Kelly _El Lynne Paquette _El Lynne Paquette of Ontario (AMCTO),the Timiskaming Municipal Association (TMA),the Federation of Ontario Municipalities (F ONOM),and all municipalities within the District of Timiskaming. Recorded vote requested:El I declarethis motion For Against ID/Carried Tom Armstrong El Lost /Defeated Patricia Hull \El Deferred to:(enter date) /to:(enterPattyQuinntExpectedresponse:(enter date)Disclosure of Pecuniary Interest"*Disclosedhis/her (their)interest(s),abstained from discussion and did not vote on this question.Page 475 of 500 LLBIA 2024 Budget - Approved by the LLBIA Board on June 6, 2024 2024 Budget REVENUE Tax Levy Requisition from City 220,000.00 Supplemental Taxes Investment Income 5,000.00 Net Revenue 225,000.00 Less: Expected Taxes written off by City 5,000.00 TOTAL REVENUE 218,500.00 Marketing Website 2,000.00 Artwork & Production 5,000.00 Social Media Campaign 20,000.00 TODS Signage 10,750.00 Website Hosting 850.00 Website Domains & Maintenance 350.00 Media Library / Videos 2,500.00 Out of Town Marketing 2,500.00 Contingency 7,500.00 Total Marketing 51,450.00 Events Restaurant Week + New Event 5,000.00 WFOL Decorations / Supplies / Installtion / Maintenance 120,000.00 Total Events 125,000.00 Memberships & ConferencePage 476 of 500 OBIAA 675.00 OBIAA Convention + Professional Development 1,285.00 Total Memberships & Conference 1,960.00 Beautification Banners, Brackets & Bus Shelter Branding 2,000.00 Planters & Winter Greens 37,000.00 Street - Benches / Recepticles / Utility Box Art 15,000.00 Total Beautificiation 54,000.00 Administration Project Administrator 40,000.00 Project Administrator Expenses 1,000.00 Audit Expense 5,500.00 Bank Charges & Interest 150.00 Book Keeping 3,050.00 Insurance - Director's Liability $5M 3,153.00 Legal Fees 1,000.00 Mail Box 200.00 Meeting Expenses 250.00 Office Expenses 1,000.00 Misc Expense 500.00 Total Administration 55,803.00 TOTAL OPERATIONAL EXPENSE 288,213.00 NET OPERATIONAL INCOME 69,713.00- Use of Reserve Funds for Operational Income Shortfall Capital Project Funds 69,713.00 NET nilPage 477 of 500 . June 13th, 2024 Dear Mayor Diodati & Members of Council, I hope this day finds you well. I am writing today to request your permission to have food trucks at the Xscape Colour Festival happening on July 27 at Gale Centre in Niagara Falls. We kindly request a by-law waiver for this 1day only event. We are delighted to be working directly with the City staff and the existing on -site concession operator Break-a-Wats to coordinate the food and beverage for the event. We are also working directly with Public Health, Fire Department, etc., to meet the specific requirements that they may have in order to ensure a successful event for all. We thank you in advance for your consideration for this request for a successful family event for all. Warmest Regards, Lynne McIntee Host of Programs Director of Development, Festivals & Special Events Youth for Change Page 478 of 500 SUBJECT : Provincial Cemetery Management Support Request BACKGROUND: Throughout Ontario, there has been an increase in the number of churches and local cemetery boards initiating the process to transfer the ownership or abandon the cemetery to the municipality. Municipalities are responsible for the cost, administration and maintenance of abandoned cemeteries. Several municipali�es in the Province have passed resolu�ons asking for annual funding, staff training as well as appropriate and affordable so�ware development for all municipali�es to use to administer these cemeteries. RESOLUTION: Whereas under the Funeral, Burial and Crema�on Services Act, 2002 (FBCSA), when a cemetery is declared abandoned by a judge of the Superior Court Jus�ce, the local municipality within whose geographic boundaries the land of the cemetery is located, becomes the owner of the cemetery with all the rights and obliga�ons in respect of the cemetery and the assets, trust funds and trust accounts related to it that the previous owner or operator possessed; And Whereas over the last decade, there has been an increase in the number of churches and local cemetery boards ini�a�ng processes to transfer ownership or abandon their owned and operated cemeteries to the local municipality due to such issues as high maintenance costs, inaccuracy of records, lack of financial and human resources to effec�vely operate and maintain the cemetery, increased regulatory processes regarding training, selling of interment rights, financial opera�on of the care and maintenance fund, etc.; And Whereas municipali�es experience the same issues and pressures that churches and local boards experience with the opera�on and maintenance of cemeteries within its jurisdic�on, and addi�onal transfers of cemetery lands only compound the burden on municipal taxpayers; And Whereas cemeteries are important infrastructure where the reasonable costs for interment rights, burials, monument founda�ons, corner stones and administra�on charges do not sufficiently support the general opera�on of cemeteries; And Whereas the interest earned from the care and maintenance fund(s) of a cemetery do not provide adequate funding to maintain the cemetery with the rising costs of lawn and turf maintenance contracts and monument restora�on; Now Therefore Be It Resolved that Council of the the City of Niagara Falls requests that the Province through the Ministry of Public and Business Service Delivery and the Bereavement Authority of Ontario (BAO) consider the following to assist municipali�es in this growing concern of cemetery transfers: Page 479 of 500 -Amending the Funeral, Burial and Crema�on Services Act, 2002 (FBCSA), to have theProvince, through the BAO, iden�fied as the default owner and operator of a cemetery whenit is abandoned; -Provide annual funding (based on the number of cemeteries a municipality owns andoperates) to municipali�es to assist with the maintenance of inac�ve and ac�vecemeteries; -Provide free training opportuni�es for municipali�es regarding cemetery administra�on; and, -Inves�gate and support the design of universal cemetery so�ware for use bymunicipal cemetery operators that can be offered at an affordable cost; And that this resolu�on be circulated to the Hon. Todd McCarthy, Ministry of Public and Business Service Delivery, Jim Cassima�s, BAO Interim CEO/Registrar, MPP Jill Dunlop and all Ontario municipali�es. Page 480 of 500 CITY OF NIAGARA FALLS By-law No. 2024-059 A by-law to provide for th e adoption of Amendment No. 167 to the City of Niagara Falls Official Plan (AM-2023-034). 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. Amendment No. 167 to the City of Niagara Falls Official Plan, constituting the attached text and map, is hereby adopted. Read a First, Second and Third time; passed, signed and sealed in open Council this 18th day of June, 2024. ........................................................ ...................................................... BILL MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 481 of 500 OFFICIAL PLAN AMENDMENT NO. 167 PART 1 – PREAMBLE (i) Purpose of the Amendment The purpose of the amendment is to allow for the development of 60 stacked townhouse dwelling units and a mixed -used building with 4 ground floor commercial units fronting onto Lundy’s Lane and 8 dwelling units above the ground floor, at a maximum density of 107 units per hectare. (ii) Location of the Amendment The amendment applies to lands shown as Special Policy Area 96 on Schedule “A” to the Official Plan - Future Land Use. (iii) Details of the Amendment Map Changes MAP 1 - Schedule “A” to the Official Plan – Future Land Use has been amended to show the Tourist Commercial designation with Special Policy Area 96. Text Change PART 2, SECTION 13 – SPECIAL POLICY AREAS, is amended by the addition of Subsection 13.96. (iv) Basis of the Amendment The applicant proposes to develop 60 stacked townhouse dwelling units and a mixed-used building with 4 ground floor commercial units fronting onto Lundy’s Lane and 8 dwelling units above the ground floor, at a maximum density of 107 units per hectare. The subject lands are designated Tourist Commercial as shown on Schedule “A” to the Official Plan - Future Land Use. Further, the lands are located within the Lundy’s Lane Satellite Tourist District. Th e amendment meets the intent of the Official Plan as the proposed built form, h eight, and density will facilitate compatible residential intensification in an area of the City that is suitable for such. Transportation and municipal infrastructure (following watermain up grades) will have adequate capacity to accommodate the proposal. Further, the development will introduce four commercial units that front onto Lundy’s Lan e (an arterial road), will have access to an existing transit route, and will be in close proximity to existing commercial uses. Lastly, the proposal will introduce units that are affordable to moderate income hous eholds. Page 482 of 500 PART 2 - BODY OF THE AMENDMENT All of this part of the document entitled PART 2 - BODY OF THE AMENDMENT, consisting of the following text and attached map, constitute Amendment No. 167 to the Official Plan of the City of Niagara Falls. DETAILS OF THE AMENDMENT The Official Plan of the City of Niagara Falls is hereby amended as follows: 1. MAP CHANGE The "Area Affected by this Amendment", shown on the map attached hereto, entitled "Map 1 to Amendment No. 167", shall be identified as Special Policy Area 96 on Schedule “A” to the Official Plan – Future Land Use. 2. TEXT CHANGE a. PART 2, SECTION 13 – SPECIAL POLICY AREAS, is hereby amended by adding the following subsection: 13.96 SPECIAL POLICY AREA “96” Special Policy Area “96” applies to approximately 0.65 hectares of land located on the north side of Lu ndy’s Lane and known mun icipally as 7301 Lundy’s Lane. These lands are designated Tourist Commercial on Schedule “A” to the Official Plan – Future Land Use. Notwithstanding the density policies of Part 2, Section 4.2.31 c), the lands may be developed to a maximum density of 107 units per hectare. Page 483 of 500 Page 484 of 500 CITY OF NIAGARA FALLS By-law No. 2024-060 A by-law to amend By-law No. 79-200 to permit the use of the l ands for 60 stacked townhouse dwelling units and a mixed-used building with 4 ground floor commercial units fronting onto Lundy’s Lane and 8 dwelling units above the ground floor, subject to the removal of a Holding (H) symbol and a 3-year sunset clause (AM-2023-034). 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 provision s 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 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 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: (a) A stacked townhouse dwelling; (b) Office; and (c) Dwelling units in a building in combination with an office, provided that not more than 72% of the total floor area of such building is used for dwelling units and further provided that such dwelling units except entrances thereto are located entirely above the ground floor. 5. The regulations governing the permitted uses shall be: (a) Minimum front yard depth 1.3 metres + 16.1 metres from the original centreline of Lundy’s Lane (b) Maximum height of building or structure (c) Maximum number of buildings on one lot 13.5 metres subject to section 4.7 of By-law No. 79-200 5 Page 485 of 500 2 (d) Minimum landscaped open space (e) Minimum manoeuvring aisle (i ) between points A and B, for the distance between points A and C as shown on Schedule 1 (ii) between points C and D, for the distance between points B and D as shown on Schedule 1 33.4% (f) Minimum number of parking spaces 1 parking space for each dwelling unit 1 parking space for each 55 square metres of gross leasable floor area for an office (g) The balance of regulations specified for a TC use. 6. All other applicable regulations set out in By -law No. 79-200, as amended, 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 TC(H) and numbered 1247 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 an updated Phase 1 Environmental Site Assessment (and any subsequent assessments) to the satisfaction of the Region and City; • File a Record of Site Condition with the Ministry of the Environment, Conservation and Parks to the satisfaction of the Region and City; • Include conditions in future Site Plan and/or Condominium Agreements requiring the inclusion of warning clauses in all Agreements of Purchase, Sale, Lease, Rent or Occupancy advising that air conditioning has been included to allow windows and doors to remain closed to the satisfaction of the Region and City; 6.0 metres 6.0 metres Page 486 of 500 3 • Include standard archaeological warning clauses with respect to the discovery of deeply buried archaeological resources in future Site Plan and/or Condominium Agreements to the satisfaction of the Region and City; and • Implement noise mitigation measures through future Site Plan and/or Condominium Agreements as recommended by the Road Traffic and Stationary Noise Impact Study, prepared by JJ Acoustic Engineering Ltd. and dated August 22nd, 2023, as amended, to the satisf action of the Region and City. 10. The provisions of this by-law shall be shown on Sheet B4 of Schedule “A” of By- law No. 79-200 by designating the Lands from TC to TC (H) and numbered 1247. 11. Should the owner of the Lands not execute a Site Plan Agreement or receive Draft Plan of Condominium approval to the satisfaction of the City within 3 years of this by-law coming into effect, then the zoning of the Lands zoned as TC(H)-1247 zone shall be of no force and effect and the zoning of the Lands will revert back to the TC zone. 12. Notwithstanding clause 11 above, the approval of this by-law may be extended by 1 year at the discretion of the General Manager of Planning, Building and Development. 13. Section 19 of By-law No. 79-200 is amended by adding thereto: 19.1.1247 Refer to By-law No. 2024-060. Read a First, Second and Third time; passed, signed and sealed in open Council this 18th day of June 2024. ....................................................................... ..................................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 487 of 500 &&&&26m 26m 58505726 5721 5640 5788 5700 5680 5701 5750 7389 7241 5707 7301 5746 5688 7500 5648 7225 5772 5668 5698 5752 5709 5638 7230 5720 5800 5654 5791-5853 7280 5740R O Y A L M A N O R D R STRATHMORE CRLUNDY'S LN QEW 70m80mA C B D K:\GIS_Requests\2023\Schedule\Zoning2023.aprx 6/11/2024 SCHEDULE 1 TO BY-LAW NO. 2024-060 Amending Zoning By-law No. 79-200 Assessment: 272509000103202 Applicant: Lifestyle on Lundys Inc. (Rohit Parmar) Description:PT TWP LT 132 STAMFORD PT 2, 59R4169; NIAGARA FALLS PIN: 64418-0080 (LT) 1247 TC(H) ¯ Area Affected by this Amendment AM-2023-034 Page 488 of 500 CITY OF NIAGARA FALLS By-law No. 2024-061 A by-law to provide for th e adoption of Amendment No. 166 to the City of Niagara Falls Official Plan (AM-2022-024). 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. Amendment No. 166 to the City of Niagara Falls Official Plan, constituting the attached text and map, is hereby adopted. Read a First, Second and Third time; passed, signed and sealed in open Council this 18th day of June, 2024. ........................................................ ...................................................... BILL MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 489 of 500 OFFICIAL PLAN AMENDMENT NO. 166 PART 1 – PREAMBLE (i) Purpose of the Amendment The purpose of the amendment is to allow for the development of 255 townhouse dwellings and up to 46 Additional Dwelling Units, at a minimum density of 50 units per hectare and a maximum density of 75 units per hectare. (ii) Location of the Amendment The amendment applies to lands shown as Special Policy Area 95 on Schedule “A” to the Official Plan - Future Land Use. (iii) Details of the Amendment Map Changes MAP 1 - Schedule “A” to the Official Plan – Future Land Use has been amended to show the Major Commercial designation with Special Policy Area 95. Text Change PART 2, SECTION 13 – SPECIAL POLICY AREAS, is amended by the addition of Subsection 13.95. (iv) Basis of the Amendment The applicant proposes to develop 255 townhouse dwelling s and up to 46 Additional Dwelling Units (ADUs) to a minimum density of 50 units per hectare and a maximum density of 75 units per hectare. The subject lands are designated Major Commercial as shown on Schedule “A” to the Official Plan - Future Land Use . Further, the lands are located within the Niagara Square Retail District. Th e amendment meets the intent of the Official Plan as the proposed built form will facilitate compatible residential intensification, an appropriate density, a mix of housing, and a positive street presence. Further, as it has been demonstrated that there is little need for additional retail/service space in the McLeod Road corridor, the proposed residential intensification will strengthen, regenerate, and increase the vitality of existing commercial areas within the Nia gara Square Retail District. In addi tion, the proposed development is located in proximity to public transit and an active transportation network, and transportation and municipal infrastructure will have adequate capacity to accommodate the proposal. Lastly, wetland re - creation has been secured to the satisfaction of the City and Niagara Peninsula Page 490 of 500 Conservation Authority through conditions of the concurrent Draft Plan of Subdivision approval. PART 2 - BODY OF THE AMENDMENT All of this part of the document entitled PART 2 - BODY OF THE AMENDMENT, consisting of the following text and attached map, constitute Amendment No. 166 to the Official Plan of the City of Niagara Falls. DETAILS OF THE AMENDMENT The Official Plan of the City of Niagara Falls is hereby amended as follows: 1. MAP CHANGE The "Area Affected by this Amendment", shown on the map attached hereto, entitled "Map 1 to Amendment No. 166", shall be identified as Special Policy Area 95 on Schedule “A” to the Official Plan – Future Land Use. 2. TEXT CHANGE a. PART 2, SECTION 13 – SPECIAL POLICY AREAS, is hereby amended by adding the following subsection: 13.95 SPECIAL POLICY AREA “95” Special Policy Area “95” applies to approximately 5.45 hectares of land located on the south side of Oakwood Drive, east of the Queen Elizabeth Way and west of the Hydro Power Canal. These lands are designated Major Commercial on Schedule “A” to the Official Plan – Future Land Use. Notwithstanding the built form and density p olicies of Part 2, Sections 3.5.3 and 3.5.3.2, the lands may be developed with a mix of on -street, block, stacked, and back-to-back townhouse dwellings, and up to 46 Additional Dwelling Units, at a minimum density of 50 units per hectare and a maximum density of 75 units per hectare. Page 491 of 500 Oakwood DrMontroseRdQueenElizabethWyPOWERCANALK:\GIS_Requests\2022\Schedule\Zoning2022.aprx 6/10/2024 MAP 1 TO AMENDMENT NO. 166 SCHEDULE A TO THE OFFICIAL PLAN Environmental Conservation Area Industrial Major Commercial Residential Tourist Commercial Area Affected by this Amendment Proposed Change to Add: Special Policy Area ‘95’ City of Niagara Falls Official Plan Excerpt from SCHEDULE - A - FUTURE LAND USE Note: This schedule form part of Amendment No. 166 to the Official Plan for the City of Niagara Falls and it must be read in conjunction with the written text. ¯ AM-2022-024 95 Page 492 of 500 CITY OF NIAGARA FALLS By-law No. 2024-062 A by-law to amend By-law No. 79-200, to permit the use of the lands for 255 townhouse dwellings and up to 46 Additional Dwelling Units (ADUs), establish two outdoor amenity areas, and repeal By-law No. 2008-108, subject to the removal of a Holding (H) symbol and a 3-year sunset clause (AM-2022-024). 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 Lands shall be identified as three parcels, known as Parcel R4(H)-1248, OS(H)-1249, and OS(H)-1250. 3. 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. 4. 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. 5. The permitted uses shall be: (a) For Parcel R4(H)-1248, the uses permitted in the R 4 zone, back-to -back townhouse dwellings, rear-lane townhouse dwellings, u p to 46 Additional Dwelling Units (ADUs) in rear-lane townhouse dwellings, and model homes in accordance with Section 5.10 of By -law No. 79-200; and (b) For Parcels OS(H)-1249 and OS(H)-1250, recreational uses. 6. The regulations governing the permitted uses on Parcel R4(H)-1248 shall be: (a) Front lot line Oakwood Drive (b) Deem to be one lot The Lands shown on Schedule 1 shall be considered one lot (c) Minimum lot area for a town - 213 square metres house dwelling, back-to-back townhouse dwelling, or rear-lane townhouse dwelling Page 493 of 500 (d) Minimum front yard depth 3.10 metres, plus any applicable distance specified in section 4.27.1 of By-law No. 79-200 (e) Maximum height of building or structure (f) Minimum manoeuvring aisle 12.3 metres subject to section 4.7 of By-law No. 79-200 (g) Minimum privacy yard depth : i. for a back-to -back townhouse none dwelling ii. for all other townhouse dwellings , 6.05 metres including a rear-lane townhouse dwelling (h) Minimum Ministry of Transportation setback 14.0 metres from the west lot line (i) The balance of regulations for an R 4 zone. 7. The regulations governing the permitted uses on Parcel OS(H)-1249 shall be: (a) Minimum lot area 0.188 hectares (b) Minimum lot frontage none 8. The regulations governing the permitted uses on Parcel OS(H)-1250 shall be: (a) Minimum lot area 0.075 hectares (b) Minimum lot frontage none 9. For the purposes of this by-law: “Back-to -back townhouse dwelling” means a building containing four or more dwelling units divided by vertical common walls above grade, and a common rear wall. “Rear-lane townhouse dwelling” means a townhouse dwelling that has a front facing elevation on Oakwood Drive or the west lot line, and has a parking area that is accessed by a private street/lane. 6.0 metres Page 494 of 500 “Lot area” means the horizontal area within the lot lines of a lot, excluding the horizontal area of such lot covered by a natural body of water or marsh, or the horizontal area between the rim of the banks of a river or watercourse, provided that the area of the lot lying within Parcels R4(H)-1248, OS(H)-1249, and OS(H)-1250 shall be counted in calculating the minimum lot area for a townhouse dwelling, back-to -back townhouse dwelling, or rear-lane townhouse dwelling. 10. 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. 11. No person shall use the Lands for a use that is not a permitted use. 12. No person shall use the Lands in a manner that is contrary to the regulations. 13. 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 numbered 1248, OS(H) and numbered 1249 and OS(H) and numbered 1250 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 an updated Phase 1 Environmental Site Assessment and Letter of Reliance in accordance with O.Reg 153/04 under the Environmental Protection Act to the satisfaction of the City and Region; and • Submit an updated Noise Impact Assessment to address deficiencies in the data inputs to the satisfaction of the City and Region. 14. The provisions of this by-law shall be shown on Sheet B 6 of Schedule “A” of By- law No. 79-200 by redesignating the Lands from SC and numbered 833 to R4(H) and numbered 1248, OS(H) and numbered 1249 , and OS(H) and numbered 1250. 15. Should the owner of the Lands not execute a Site Plan Agreement or receive Draft Plan of Condominium approval to the satisfaction of the City within 3 years of this by-law coming into effect, then the zoning of the Lands zoned as R4(H)- 1248, OS(H)-1249, and OS(H)-1250 zone shall be of no force and effect and the zoning of the Lands will revert back to the SC -833 zone. Page 495 of 500 16. Notwithstanding clause 15 above, the approval of this by-law may be extended by 1 year at the discretion of the General Manager of Planning, Building and Development. 17. Section 19 of By-law No. 79-200 is amended by adding thereto: 19.1.1248 Refer to By-law No. 2024-062. 19.1.1249 Refer to By-law No. 2024-062. 19.1.1250 Refer to By-law No. 2024-062. 18. By-law No. 2008-108 is repealed. Read a First, Second and Third time; passed, signed and sealed in open Council this 18th day of June, 2024. ....................................................................... ..................................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 496 of 500 A=21.122.5m 24.7m A=57.9109.8m 173.9m229.2m206.8mOakwood DrQueenElizabethWyK:\GIS_Requests\2022\Schedule\Zoning2022.aprx 6/7/2024 SCHEDULE 1 TO BY-LAW NO. 2024-062 Area Affected by this Amendment Amending Zoning By-law No. 79-200 ¯ R4(H)-1248 O(H)S-1249 OS(H)-1250 Applicant: Branthaven Belmont Oakwood Inc. Assessment: 272511000205300 Description:PART OF TOWNSHIP LOT 187 STAMFORD, BEING PARTS 1, 2, 3 AND 4 ON 59R17493; SUBJECT TO AN EASEMENT IN GROSS OVER PART 3 ON 59R17493 AS IN SN268763; SUBJECT TO AN EASEMENT IN GROSS OVER PART 2 ON 59R17493 AS IN SN268764; SUBJECT TO AN EASEMENT OVER PART 4 ON 59R17493 AS IN RO260293; CITY OF NIAGARA FALLS PIN: 64257-0257 (LT) 1248R4(H) AM-2022-024 OS(H) OS(H) 1249 1250 Page 497 of 500 CITY OF NIAGARA FALLS By-law No. 2024-063 A by-law to declare Part Lot 7, Block “GG”, Plan 999 & 1000, Part Township Lot 93, being Part 1, 59R-17565, in the City of Niagara Falls, in the Regional Municipality of Niagara, as surplus. WHEREAS City of Niagara Falls By-law No. 2003-16 governing the sale of land by the City of Niagara Falls provides that prior to selling any land, the Council of The Corporation of the City of Niagara Falls shall by by-law or resolution declare the land to be surplus; AND WHEREAS the Council of The Corporation of the City of Niagara Falls, at its meeting of August 9, 2022, adopted the Recommendations of Council Report L-2022-05, to permanently close and declare surplus Part Lot 107, Block “GG”, Plan 999 & 1000, Part Township Lot 93, being Part 1, 59R-17565; AND WHEREAS the Council of The Corporation of the City of Niagara Falls now deems it expedient to pass this by-law; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Part Lot 107, Block “GG”, Plan 999 & 1000, Part Township Lot 93, being Part 1, 59R-17565, in the City of Niagara Falls, in the Regional Municipality of Niagara, hereby declared surplus. 2. The Mayor and City Clerk and City Solicitor are hereby authorized to execute all documents that may be required for the purpose of carrying out the intent of this by-law and the City Clerk is hereby authorized to affix the corporate seal thereto and to deliver such documents. Read a First, Second and Third time; passed, signed and sealed in open Council this 18 day of June 2024. ................................................................ ................................................................ WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 498 of 500 CITY OF NIAGARA FALLS By-law No. 2024-064 A by-law to permanently close part of a highway. WHEREAS Section 34 of the Municipal Act, provides, in part, that the Council of every municipality may pass by-laws to permanently close any highway; AND WHEREAS the Council of The Corporation of the City of Niagara Falls, at its meeting of August 9, 2022, adopted the Recommendations of Council Report L-2022-05 and now deems it expedient to pass this by-law; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Part of Lot 7, Block “GG”, Plan 999 & 1000, Part Township Lot 93 being Part 1, 59R-17565, in the City of Niagara Falls, in the Regional Municipality of Niagara, is hereby permanently closed. 2. The Mayor and City Clerk and City Solicitor are hereby authorized to execute all documents that may be required for the purpose of carrying out the intent of this by-law and the City Clerk is hereby authorized to affix the corporate seal thereto and to deliver such documents. Read a First, Second and Third time; passed, signed and sealed in open Council this 18 day of June 2024. ................................................................ ................................................................ WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 499 of 500 CITY OF NIAGARA FALLS By-law No. 2024 - 065 A by-law to adopt, ratify and confirm the actions of the City Council at its meeting held on the 18th day of June, 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 18th day of June 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 18th day of June, 2024. .............................................................. ............................................................. WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 500 of 500