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08-13-2024 AGENDA City Council Meeting 1:00 PM - Tuesday, August 13, 2024 Council Chambers/Zoom App. All Council Meetings are open to the public in person, in Council Chambers or watched virtually. All electronic meetings can be viewed on this page, the City of Niagara Falls YouTube channel, the City of Niagara Falls Facebook page, along with YourTV Niagara. Page 1. CALL TO ORDER O Canada: Eliza Anne Joshua (singing live in Chambers) Land Acknowledgement and Traditional Indigenous Meeting Opening 2. ADOPTION OF MINUTES 2.1. Council Minutes of July 16, 2024. City Council - 16 Jul 2024 - Minutes - Pdf 17 - 34 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 / APPOINTMENTS / PRESENTATIONS All speakers are reminded that they have a maximum of 5 minutes to make their presentation. 5.1. REACH Niagara (PRESENTATION ADDED) Carolyn Dyer, Executive Director of REACH Niagara, is requesting to address Council to share the work of REACH Niagara and how REACH can continue to support the City of Niagara Falls as it relates to those experiencing homelessness. REACH Niagara provides low barrier, judgment-free healthcare services to those who are homeless, at-risk of homelessness, survivors of domestic violence, or experience barriers to our 35 - 56 Page 1 of 735 societal structures. Our services include primary care (either a family physician or Nurse Practitioner), mental health and addictions counselling, system navigation, case management, and peer health services. REACH Niagara - Request to address Niagara Falls Council Presentation - REACH Niagara 2024 5.2. Appointment Request - Resident, Andrea Giacometti - Trees on private property (POSTPONED) Resident Andrea Giacometti wishes to address Council addressing her concerns around trees on private property. Attached is an email sent to staff outlining her concerns. Correspondence from Andrea Giacometti 57 - 60 6. PLANNING MATTERS 6.1. PBD-2024-31 (Comments Added) AM-2024-012, Official Plan & Zoning By-law Amendment 6888 Drummond Road Proposal: Rezone the subject lands to a site-specific Institutional Zone to facilitate the development of a 192-bed long term care facility with associated clinic use. Applicant: Arcavia Home Care Agent: Rachalle Larocque (The Biglieri Group) Nick DeBenedetti, Planner 2, will provide an overview of Report PBD-2024-31. PBD-2024-31 - Pdf Presentation - AM-2024-012 - 6888 Drummond Road - Applicant Presentation - AM-2024-012 - 6888 Drummond Road - Staff comments from residents - AM-2024-012 61 - 108 6.2. PBD-2024-30 (Comments and presentation added) AM-2024-009, Official Plan & Zoning By-law Amendment 2430 St. Paul Avenue Proposal: To increase the maximum permitted height and density and rezone the subject lands to facilitate the development of an apartment dwelling containing two towers with maximum building heights of 15 and 19 storeys and a total of 295 dwelling units 109 - 171 Page 2 of 735 Applicant: Legion Heights Niagara Inc. Agent: Michael Allen (ACK Architects Studio Inc.) Mackenzie Ceci, Senior Planner (Current Development), will provide an overview of Report PBD-2024-30. PBD-2024-30 - Pdf Presentation - AM-2024-009 - 2430 St Paul - Applicant Presentation - AM-2024-009 - 2430 St. Paul - Staff comments from residents - AM-2024-009 7. IN CAMERA SESSION OF COUNCIL 7.1. In-Camera Resolution (Added) August 13, 2024 - Resolution to go In-Camera 172 - 173 8. REPORTS 8.1. CS-2024-03 Introduction: At Your Service Niagara Falls CS-2024-03 - Pdf Presentation - Introduction: At Your Service Niagara Falls 174 - 193 8.2. PBD-2024-33 (REPORT, PRESENTATION AND LETTER ADDED) Grassy Brook Secondary Plan Phase 2: Preferred Land Use Concept PBD-2024-33 - Pdf Report - Grassy Brook Secondary Plan - Planning Justification Presentation - Grassy Brook SP Council Letter to Mayor and Council - PBD-2024-33 - August 12 2024 (from TMA LAW) 194 - 361 8.3. F-2024-28 2025 Preliminary Budget Projection 362 - 370 Page 3 of 735 F-2024-28 2025 Preliminary Budget Projection - Pdf 8.4. CS-2024-04 (UPDATED) Looking for Change: City Review CS-2024-04 Looking for Change: City Review - Pdf 371 - 414 8.5. F-2024-29 2024 Capital Budget Amendment - Emergency Preparedness Investment F-2024-29 2024 - Capital Budget Amendment - Emergency Preparedness Investment - Pdf 415 - 417 8.6. F-2024-30 Indexing of Development Charges F-2024-30 Indexing of Development Charges - Pdf 418 - 420 8.7. L-2024-15 Permanently Close and Declare Surplus of Lands City Laneway (North of Ferguson Street, West of Acheson Avenue, East of Victoria Avenue & South of Leader Lane) Our File No. 2024-40, 2024-85 and 2024-96 L-2024-15 - Pdf 421 - 426 8.8. MW-2024-33 M.F. Ker Pickleball Facility Development Contract 2024-580-22 Award MW-2024-33 - Pdf 427 - 429 8.9. MW-2024-35 Contract No. 2024-594-23 Main Street (Chippawa) Road Reconstruction (Sodom Road to Dock Street) - Single Source Request for Engineering Construction Services MW-2024-35 - Pdf 430 - 439 8.10. MW-2024-36 Lyons Parkway Infrastructure Extension – Cost Sharing MW-2024-36 - Pdf 440 - 443 Page 4 of 735 8.11. PBD-2024-32 Historic Drummondville CIP - Revitalization Grant Application DRU-2022-001, 5528 Ferry Street Applicant: KSV Restructuring Inc. (prev. La Pue International Inc.) PBD-2024-32 - Pdf 444 - 486 8.12. R&C-2024-11 2024 Arts & Culture Wall of Fame Inductees R&C-2024-11 - Pdf 487 - 491 8.13. PBD-2024-34 (ADDED) Development and Housing Report and Provincial reporting PBD-2024-34 - Pdf 492 - 509 8.14. CAO-2024-05 (ADDED) Fire Services Labour Update CAO-2024-05 Fire Services Labour Update - Pdf 510 - 522 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. MW-2024-31 Thorold Stone Road QEW Watermain Crossing Assessment - Request for 2024 Capital Budget Amendment MW-2024-31 - Pdf 523 - 525 9.2. MW-2024-32 Budget Amendment - Municipal Service Centre Employee Parking Lot 526 - 528 Page 5 of 735 MW-2024-32 - Pdf 9.3. MW-2024-34 WEGO Blue Line Stop Maintenance Responsibilities MW-2024-34 - Pdf 529 - 555 9.4. CAO-2024-04 University of Niagara Falls Canada August 2024 Update CAO-2024-04 - Pdf 556 - 558 9.5. PBD-2024-36 AM-2023-036, Official Plan and Zoning By-law Amendment Lands West of Allendale Avenue, South of Main Street (PIDs 13671, 4689, 4970, 4971, 4969 and Part 137498) Proposal: 20 Storey Building Containing 193 Dwelling Units Applicant: Zeljko Holdings Limited (Jeremia Rudan) Requested Modification to Approved Zoning By-law PBD-2024-36 - Pdf 559 - 563 9.6. R&C-2024-13 (ADDED) 2024 Sports Wall of Fame Inductees R&C-2024-13 - Pdf 564 - 566 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 #10.8. 10.1. Proclamation Request - Christian Heritage Month Attached is a letter from Sam Kunjicka, Founder and Director of the Christian Heritage Month Foundation requesting that the month of December 2024 be proclaimed "Christian Heritage 567 Page 6 of 735 Month." Recommendation: For the APPROVAL of Council. Proclamation Request - Christian Heritage Month - December 2024 10.2. Proclamation Request - Lighting of City Hall Request - Wrongful Conviction Day On behalf of the International Wrongful Conviction Committee, attached is a request that the Mayor proclaim Wednesday, October 2, 2024, as “Wrongful Conviction Day”. Wrongful Conviction Day is designated as an annual International Day to recognize the tremendous personal, social and legal costs associated with wrongful criminal convictions. This day recognizes those persons who have been forced to endure the tremendous consequences brought by a wrongful criminal conviction. The purpose of this day is to inform and educate the broader international community on the causes, consequences and complications associated with wrongful criminal convictions. It is important to raise awareness in order to work toward the prevention of further wrongful convictions. Proclaiming October 2nd as Wrongful Conviction Day can direct the public’s attention to this issue and generate support and understanding. Recommendation: THAT Council APPROVE the request to proclaim Wednesday, October 2, 2024 as "Wrongful Conviction Day" and to illuminate the City Hall in yellow on the same day. Proclamation Request - Wrongful Conviction Day 568 10.3. Lighting of Niagara Falls City Hall - Light up in Blue to Prostate Cancer Attached is a letter from Shelly Werk, Donor Relations, Prostate Cancer Foundation BC, requesting that City Council approve the lighting of Niagara Falls City Hall on Sunday, September 1st, 2024 in blue for Prostate Cancer. Recommendation: For the APPROVAL of Council. Request to light up City Hall - Prostate Cancer light up in Blue 2024 569 - 570 10.4. Ice Cream Truck Request - Fernwood Park 571 Page 7 of 735 Attached is a request from Antonella Damiano requesting that City Council waive the by-law to permit CreekSides Ice Cream Trailer at Fernwood Park on Saturday, August 17, 2024 as part of the birthday celebrations to honour the late Jordy Pepperall. Recommendation: For the APPROVAL of Council. Letter - Ice cream truck request at Fernwood Park 10.5. Food Truck Request - Chippawa Volunteer Firefighters Association (CVFA) Attached is a request from the Chippawa Volunteer Firefighters Association (CVFA) requesting that City Council permit a food truck (Creekside Ice Cream trailer) to attend the annual Slo Pitch National Tournament to be held the weekends of August 23-25, September 6-8 and September 13-15, 2024. Recommendation: For the APPROVAL of Council. Food truck request - CVFA - Slo Pitch National Tournament 572 10.6. Flag-Raising Request - India's Independence Day Attached is a letter from Raul Dudnic, on behalf of the Chinmaya Mission, requesting that the City of Niagara Falls Council approve the raising of India's flag on Thursday August 15, 2024 in recognition of India's Independence Day. Recommendation: For the APPROVAL of Council. Letter - Flag Raising Request - India's Independence Day 573 - 574 10.7. Flag-Raising Request - Ukraine's Independence Day Attached is a letter from Irene Newton, President, Ukrainian Canadian Congress, Niagara, requesting that the City of Niagara Falls Council approve the raising of Ukraine's flag on Friday August 23, 2024 in recognition of Ukraine's Independence Day. Recommendation: For the APPROVAL of Council. Letter - Ukrainian Flag-Raising Request 575 - 576 10.8. Letter of Support - Township of Brudenell, Lyndoch and Raglan Urging the Government to Promptly Resume Assessment Cycle (ADDED) Attached is a letter from Township of Brudenell, Lyndoch and Raglan Urging the Government to Promptly Resume 577 - 579 Page 8 of 735 Assessment. Recommendation: For the SUPPORT of Council. Letter of Support - Urging the Government to Promptly Resume Assessment Cycle 11. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK RECOMMENDATION: THAT Council Receive for Information Item #11.1 through to and including Item #11.4. 11.1. Resolution - Township of Schreiber - Wastewater Dechlorination Attached is a resolution from the Township of Shreiber, regarding the "Dechlorination of Effluent Discharge." Recommendation: THAT Council RECEIVE for information. Resolution - Township of Schreiber - Letter to Hon. Patty Hajdu Wastewater 580 - 584 11.2. Resolution -Municipality of St. Charles - Support - Phase-Out of Water Well Testing Attached is a resolution from the Municipality of St. Charles, supporting the phase-out of water well testing. Recommendation: That Council RECEIVE for information. 2024-04-10 Goderich - Resolution - Phase-Out of Water Well Testing MSC Res 2024-245 - Support - Phase-Out of Free Water Well Testing 585 - 587 11.3. Correspondence from Niagara Peninsula Conservation Authority (NPCA) Attached is the following correspondence pertaining to Board direction: 1) Resolution Notice FA-82-2024 - Watershed Natural Assets Analysis and Valuation 2) Resolution Notice FA-88-2024 - Integrated Watershed Monitoring and Reporting Recommendation: THAT Council RECEIVE for information. 588 - 679 Page 9 of 735 Resolution FA-82-2024 Correspondence Resolution FA-88-2024 Correspondence 11.4. Correspondence from the Niagara Region (ADDED) Attached is correspondence for a resolution passed regarding the Development Charges Act – Exemption for Affordable and Attainable Residential Units CSD 31-2024. Recommendation: THAT Council RECEIVE for information. CLK-C 2024-081 CSD 31-2024 680 - 691 12. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 12.1. Proposal to Rename Kitchener St. Park to Geppino's Family and Community Park Attached is a letter from Morris Villella, from the Great 8 Group, requesting that Kitchener St. Park be renamed Geppino's Family and Community Park. Recommendation: Direction to Staff. Request - Proposal to rename Kitchener St Park to Geppino's Family and Community Park 692 12.2. Recognition of an Event of Municipal Significance and Noise By-law Exemption - Niagara Falls Night of Art Niagara Falls Night of Art is an annual event where various art forms come together on one night to showcase the best of Niagara artistic talent. The event will be held on Thursday, September 19, 2024. It is recommended: THAT Council DECLARE the Night of Art an Event of Municipal Significance to assist with obtaining a Special Occasion Liquor Licence from Alcohol & Gaming Commission of Ontario and; THAT Council GRANT an exemption to the City's Noise By-law for the playing of music until 11:59 PM on Thursday, September 19, 2024 for the Night of Art Event taking place at the Niagara Falls Exchange and Museum properties. 12.3. Noise By-law Exemption - 13th Annual Heaters Heroes Run For Children The Heaters Heroes Committee, along with the Fallsview Hose Page 10 of 735 Brigade, are requesting that Council grant an exemption to the City's Noise-By-law until 11:00 PM on Saturday, September 7, 2024 for the purpose of playing music for their annual event taking place at Oakes Park. It is recommended: THAT Council GRANT the Heaters Heroes Committee and Fallsview Hose Brigade relief to the City's Noise By-law until 11:00 PM on Saturday, September 7, 2024 at Oakes Park. 12.4. Noise By-Law Exemption Request - 6960 Harriman Street Attached is a letter from a resident, requesting that Council approve a Noise By-law exemption for a wedding reception on Saturday August 24, 2024 until no later than 11:00pm. It is recommended: THAT Council GRANT relief to the City's Noise By-law until 11:00 PM for the wedding reception located at 6960 Harriman Street on Saturday August 24, 2024. Noise By-law Exemption Request - 6960 Harriman Street 693 12.5. Special Occasion Permit Request - Havana Restaurant & Cocktail Lounge The owner of Havana Restaurant & Cocktail Lounge is looking to Council for a letter of Municipal Significance for a public event that will take place in front of the restaurant on Saturday, September 7, 2024 at 4555 Queen Street. With Council declaring the event as "municipally significant," this will assist the organizers in obtaining a Special Occasion Permit from the AGCO. It is recommended: THAT Council DECLARE the Havana Restaurant & Cocktail Lounge's public event, taking place in front of the restaurant on Saturday, September 7, 2024 at 4555 Queen Street, as an event of municipal significance in the City of Niagara Falls in order to assist with obtaining a Special Occasion Permit from the AGCO. Special Occasion Permit Request - Havana Restaurant & Cocktail Lounge 694 13. RESOLUTIONS 13.1. Resolution - No. 11 695 - 696 Page 11 of 735 By-law No. 2024-076, Proposed 20 Storey Apartment Building, that subject to subsection 34(17) of the Planning Act, 1990 R.S.O Council deems the changes to the zoning by-law minor and exempts the requirement for further written notice. No. 11 - Resolution - By-law No. 2024-076, Proposed 20 Storey Apartment Building 13.2. Resolution - No. 12 (Added) A Public Meeting was held by Council on June 18th, 2024 to consider an Official Plan and Zoning By-law Amendment application to permit an 812-unit apartment dwelling consisting of two towers with maximum building heights of 29 storeys (96 metres) and 38 storeys (125 metres), respectively, on a vacant parcel of land located on Portage Road, north of Marineland Parkway. The recommendations of Report No. PBD-2024-24 were approved by Council on June 18th, 2024, and By-law No. 2024-068 has been placed on Council’s agenda this evening. The attached resolution is required to deem the proposed change minor and exempt the requirement for further notice for the purpose of increasing the maximum podium height from 12.0 metres to 12.1 metres, as the podium exceeds 12 metres in some locations. No changes have been made to the building envelope or conceptual Site Plan/elevations since the Public Meeting. No. 12 - Resolution - AM-2022-021 - Part Lot 175, Portage Road - ZBA 697 - 698 14. RATIFICATION OF IN-CAMERA 15. 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. 15.1. NOTICE OF MOTION - Wedding Ceremony Enhancements Attached is a request for a Notice of Motion from Mayor Diodati regarding wedding ceremony enhancements. Notice of Motion - Wedding Ceremony Enhancements 699 - 700 Page 12 of 735 16. MOTIONS 16.1. Infill Developments Councillor Lococo brought forth the following Motion and spoke to the following details: Infill developments are an effective way to reduce urban sprawl and use existing infrastructure and amenities. There are also disruptions and inconveniences to surrounding neighbors. Some of the issues and concerns are:  Drainage issues to neighboring properties during/after construction of an infill property. This occurs when the new property is higher than the existing properties and drainage is now flowing into neighbouring properties.  Constant mud and dust in/outside of neighbouring homes/vehicles and on the road  The proximity of the infill development with construction equipment maneuvering on the site.  Neighbouring curbs and grass being dug up for utilities.  Damage to neighboring properties.  Construction fences falling down and creating safety issues.  Construction sites not being secured when workers are not there, creating a safety issues.  Large trees on property lines or neighbouring properties being cut down to accommodate the infill development.  Taller units being built with windows looking into neighbouring houses and yards. This creates privacy issues.  Worker's vehicles parked on the street, blocking access in and out of neighbouring driveways. Sometimes the vehicles are parked in ‘no parking’ zones. This can create issues with emergency vehicles not being able to pass.  Loud beeping of reversing vehicles in the early morning or late evening hours.  Constant noise throughout the day.  Aggressive workers.  Vibrations shaking the house Toronto has a Good Neighbour Guide for Residential Infill Construction. Edmonton has reviewed the fine structure, prohibits excavation within certain proximity and offers pre- construction surveys. Be it resolved: THAT the City of Niagara Falls INVESTIGATE ways to mitigate the issues above. This could include but not limited to, speaking Page 13 of 735 with the Builders Association, reviewing other municipalities guidelines/policies, reviewing the Building Code and legal implications, reviewing resolution and enforcement processes, improved communication with neighbors, etc. 16.2. Niagara Falls University - Accommodations for students and family Councillor Lococo brought forth the following Motion and spoke to the following details: It has been stated that University of Niagara Falls will have 2,000 students enrolled in September of 2024. Foreign students who are enrolled in master’s programs, are also permitted to bring their spouse and dependents to Canada. In January 2024, the Provincial government stated that colleges and universities will be required to guarantee housing for incoming international students. Housing and additional resources will be required for 2,000 students plus any family members that have moved to Canada. Be it resolved that the City of Niagara Falls contact:  The University of Niagara Falls: o to inquire about the 2,000 plus accommodations that are required for September. What are the numbers of accommodations that have been successfully secured and what are the numbers that have not been secured? What is the timeline to build new accommodations? o Is there a student and family program to assist with food security? Will they assist food security agencies to provide resources to their students and their families?  Project Share, The Soup Kitchen, Salvation Army and The Third Space Café regarding the food resources that may be required to assist foreign students and their families.  Both school boards in Niagara Falls regarding numbers of children of foreign students that will be enrolled and how they can be accommodated.  Minister Syliva Jones regarding health care requirements in Niagara Falls for 2,000 plus students and their families.  Minister Jill Dunlop and Minister Marc Miller regarding the requirements of universities to provide accommodations for foreign students and their families. Page 14 of 735 17. BY-LAWS The City Clerk will advise of any additional by-laws or amendments to the by-law listed for Council consideration. 2024- 067. A by-law to provide for the adoption of Amendment No.169 to the City of Niagara Falls Official Plan (AM-2022-021). By-law No. 2024-067 - AM-2022-021 - Part Lot 175 Portage Road - OPA (Final) 701 - 704 2024- 068. A by-law to amend By-law No. 79-200 to permit the use of the lands for an 812-unit apartment dwelling consisting of two towers with maximum building heights of 29 storeys (96 metres) and 38 storeys (125 metres), respectively, exclusive of below-grade levels, mezzanines, and mechanical penthouses, subject to the removal of a Holding (H) symbol and a 3-year sunset clause (AM- 2022-021). By-law 2024-068 - AM-2022-021 - Part Lot 175 Portage Road - ZBA (Final) 705 - 710 2024- 074. A by-law to amend By-law No. 79-200, to permit the use of the lands for the development of 192-bed long term care home with clinic uses, subject to a 3-year sunset clause. (AM-2024-012). By-law No. 2024-074 - update 711 - 713 2024- 075. A by-law to provide for the adoption of Amendment No. 170 to the City of Niagara Falls Official Plan (AM-2024-012). By-law No. 2024-075 OPA 170 714 - 717 2024- 076. A by-law to amend By-law No. 79-200, to permit the use of the lands for a 20-storey apartment dwelling inclusive of a mezzanine level with 193 dwelling units subject to the removal of a Holding (H) symbol and a 3-year sunset clause (AM-2023-036). By-law No. 2024 - 076 718 - 722 2024- 077. A by-law to provide for the adoption of Amendment No. 168 to the City of Niagara Falls Official Plan (AM-2023-036). By-law No. 2024 - 077 - OPA 168 723 - 726 2024-A by-law to amend By-law No. 2002-081, being a by-law to 727 - 728 Page 15 of 735 078. appoint City employees, agents and third parties for the enforcement of provincial or municipal by-laws. By-law No. 2024 - 078 - By-law Enforcement Officers 2024- 079. A by-law to appoint an Acting Treasurer. By-law No. 2024-079 - Acting City Treasurer Appointment 729 2024- 080. A by-law to amend By-law No. 79-200, to permit the use of the lands for the development of 6 detached dwellings (AM-2024- 004). By-law No. 2024-080 730 - 732 2024- 081. A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Stopping Prohibited, Parking Prohibited, Limited Parking). By-law No. 2024 - 081 733 - 734 2024- 082. A by-law to adopt, ratify and confirm the actions of the City Council at its meeting held on the 13th of August, 2024. By-law 2024-082 - 08 13 24 Confirming By-law 735 18. ADJOURNMENT Page 16 of 735 Page 17 of 735 Page 18 of 735 Page 19 of 735 Page 20 of 735 Page 21 of 735 Page 22 of 735 Page 23 of 735 Page 24 of 735 Page 25 of 735 Page 26 of 735 Page 27 of 735 Page 28 of 735 Page 29 of 735 Page 30 of 735 Page 31 of 735 Page 32 of 735 Page 33 of 735 Page 34 of 735 1 Heather Ruzylo Subject:Delegation / Appointment to Council Request From: Delegation / Appointment Request <donotreply@niagarafalls.ca> Sent: Thursday, June 20, 2024 8:58 AM To: Clerk <clerk@niagarafalls.ca> Subject: [EXTERNAL]-Delegation / Appointment to Council Request Good News! You just got a new response to 'Delegations or Appointment to Council'! Do you agree to the conditions? Yes Contact Information Name Carolyn Dyer Email Address carolyn@reachniagara.com Detailed brief of the topic to be discussed and the request/direction the presenter is seeking from Council. REACH Niagara provides low barrier, judgment-free healthcare services to those who are homeless, at- risk of homelessness, survivors of domestic violence, or experience barriers to our societal structures. Our services include primary care (either a family physician or Nurse Practitioner), mental health and addictions counselling, system navigation, case management, and peer health services. Poverty, mental health, and homelessness are complex – impacting the entire community. With our recent expansion of our fully equipped mobile health clinic and indoor clinical spaces to various locations across Niagara Falls; it is an ideal time to bring awareness of our upstream programs and services to assist the City with the on-going, emerging needs of the those experiencing homelessness while exploring financial assistance from the City with the upcoming Budget in the Fall of 2024 to sustain this critical work. Noting REACH Niagara does not receive any form of base funding and depends on grants and donations. Delegation or Appointment? Appointment (7 day advance notice) What date are you requesting to attend the City Council Meeting? Page 35 of 735 2 08/13/2024 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 36 of 735 Presentation: City of Niagara Falls Council Tuesday, August 13, 2024 Carolyn Dyer, Executive DirectorPage 37 of 735 AGENDA ●Summary of REACH Niagara ●Overview of Programs and Services ●Impact to the City of Niagara Falls ●Questions Page 38 of 735 SNAPSHOT: REACH NIAGARA ●Founded in 2019 to fill a gap with a focus on bringing care directly to individuals experiencing homelessness ●Telus Health Mobile Health Clinic –We bring comprehensive care directly to vulnerable communities ●Partner driven –Collaborate with many partners at various mobile locations Page 39 of 735 SNAPSHOT: REACH NIAGARA ●Dedicated Substance Use and Addictions Program –The goal is to address Niagara’s drug crisis & minimize overdoses & fatalities by prescribing a safe alternative in addition to wrap around supports ●Provide care as part of Bridge Housing recuperative bed unit –8 bed unit for those who are underhoused & being discharged from hospital with complex care needs ●We depend on grants & donations to achieve our work –We do not receive any form of base funding Page 40 of 735 OUR VISION & MISSION Page 41 of 735 THE NEED •At any of our clinics, we service 10 to 12 people within 3 hours -We are experiencing a growing need & demand for care •Accessing healthcare services is a basic human right -The sad reality is when those who are vulnerable access care, they are; unfortunately, many times met with judgment and stigmatization •As of April 1st, 2023, if you do not have a valid health card, you are charged for basic healthcare services such as lab work •With the increase in # of new shelters in Niagara -This translates to more community members experiencing requiring critical health and social servicesPage 42 of 735 MOBILE HEALTH SERVICES + INDOOR CLINICS Page 43 of 735 REACH Mobile: Service Delivery Model •Our goal is to provide non-judgemental and low barrier health and social services. •What makes us different from other primary care models? ○No health card is required ○No appointment required ○We bring the service to the person -Meet people where they are at •We service the Niagara Region -We are not limited to one community •Support healthcare related student placements •We offer multiple services in one place -Primary care, wound/foot care, system navigation, and mental health and addictions counselling. •We partner with local community agencies who know their community best •Mobile Health schedule can be found online:REACH Niagara Online Schedule Page 44 of 735 WHO DO WE SERVICE? ●Individuals who are experiencing homelessness ●Survivors of domestic violence and their children ●Equity deserving populations that have barriers accessing ‘traditional’ healthcare services, this includes, individuals and families: ○who are living in poverty, ○experiencing food insecurity, ○low literacy and/or education levels, ○precarious employment, ○limited access to health service, and/or ○impacted by mental health and/or addictions. Our model is intended for those who without REACH would be unable to access healthcare services & are at greater risk of poor outcomes.Page 45 of 735 WHY IS THIS MODEL OF CARE IMPORTANT? Ability to make & keep appointments –We do not require an appt. Ability to access care –We go directly to where people congregate (i.e. shelters; food banks) at the same time, same place Do not have a valid health card –No health card required Deeply impacted by trauma & the social determinants of health –Provide trauma informed care & assist with addressing the whole person Mistrust in the healthcare system –Focus on building trust Page 46 of 735 Understanding our IMPACT -Mobile Health Clinic Stats Summary: •The community received 2,560 interventions & 1,404 medical treatment. •1,784 of Niagara’s most at-risk community members received care.Page 47 of 735 REACH Services in Niagara Falls Bridge Housing Mondays 1:30-4:30 | 5017 Victoria Ave Howard Johnson Tuesdays 9:00am -12:00pm | 8100 Lundy's Ln Summer St. Shelter Tuesdays -1:00pm -4:00pm | 5925 Summer St. Encampment Care with NASO Wednesdays 1:00pm -4:00pm Birchway Niagara Weekly | 8903 McLeod Rd (Information withheld for safety considerations)Page 48 of 735 REACH Clinic Location Breakdown ●35% of our clinic’s time is spent in the City of Niagara Falls Page 49 of 735 What are we seeing in your community? Who are we servicing? •Those experiencing homelessness •Survivors of domestic violence •Families living in poverty Top reasons for visits: •Mental Health •Wound Care •Substance Use •Assistance with ODSP Our Target: •Service on average 3 -4 community members/hour of clinic We Ask:‘Without REACH, where would you have accessed care’? •47% -Nowhere •43% -Walk In Clinic •10% -Emergency Dept.Page 50 of 735 CLIENT IMPACT STORY •33 year old •Homeless living in a tent in Niagara Falls •Addicted to Fentanyl •History of 50+ overdoses in one year •No source of income •State of declining health Page 51 of 735 CONT… Visit at the REACH clinic: •Received basic care at REACH Clinic •Became a consistent client •Applied and began REACH’s Substance Use and Addictions Program •Assigned case manager Outcomes: •Reduced substance use and eventually was free of using street fentanyl •Now receives ODSP •Is homed in sustainable housing •Applying for residential treatment programPage 52 of 735 CONT… “This program has saved my life. I have not used fentanyl in over 3 months now… Thank you for helping me get my freedom and life back.” -REACH Niagara Client Page 53 of 735 REACH FUNDING REQUEST OUR ASK: •$44,000 Annually through 2027 •Maintain mental health & addictions counselling OUR COMMITMENT: •Provide funding for Medical Doctors and Nurse Practitioners for primary care •Continue clinic operations •Continue to look for additional funding to expand services in Niagara Falls Page 54 of 735 Questions & Comments Page 55 of 735 reachniagara.com/news reachniagara.com Social Media Facebook: REACH Niagara Twitter: @NiagaraReach Instagram: @reach_niagara Email list reachniagara.com/news Website reachniagara.com Stay in Touch Page 56 of 735 1 Heather Ruzylo Subject:-Issue to be presented to council From: Andrea giacometti < Sent: Monday, July 8, 2024 12:24 PM To: Bill Matson <billmatson@niagarafalls.ca> Subject: Re: [EXTERNAL]-Issue to be presented to council Bill, Yes, I would like to have my concerns submitted to council for consideration. I can see by the end of your email, these concerns have become just comments! Considering my concerns have become just comments, I would actually prefer to be apart of the next council meeting in person. I will not be able to have everything ready for July’s meeting and believe the next meeting is August 13. Please confirm this is possible. Andrea G Sent from my iPhone On Jul 5, 2024, at 3:22 PM, Bill Matson <billmatson@niagarafalls.ca> wrote: Andrea, Thank you for reaching out with your concerns regarding trees on private property. As you are aware, the City does not have a ‘private tree bylaw’. Part of the reasoning for there being no defined rules for the location of the planning of trees on private property is so that civil recourse can exist to allow property owners to cut/trim an overhanging branches that may encroach onto or over your property. The City would not have the resources to monitor such a by-law and thus it has always been a civil matter that exists between neighbours. If you would like your written comments that you have written below, to be included on the next Council meeting agenda, we can submit those for Council’s consideration. Page 57 of 735 2 Please let me know if and how you would like to proceed. Bill Matson | City Clerk | Director of Clerks Services | City of Niagara Falls 4310 Queen Street | Niagara Falls, ON L2E 6X5 | (905) 356-7521 ext 4342 | Fax 905-356-9083 | billmatson@niagarafalls.ca From: Andrea giacometti < Sent: Friday, June 28, 2024 10:41 AM To: Clerk <clerk@niagarafalls.ca> Subject: [EXTERNAL]-Issue to be presented to council Sent from my iPhone Begin forwarded message: From: Andrea giacometti Date: June 24, 2024 at 4:04:35 PM EDT To: "Erik Nickel (City Hall)" <enickel@niagarafalls.ca>, "Charlie Smith (city Hall)" <csmith@niagarafalls.ca>, "Gerald Spencer (city Hall)" <gspencer@niagarafalls.ca>, "Savannah Wells-Bisson (city Hall)" <swells@niagarafalls.ca> Subject: Questions Good afternoon, My name is Andrea Giacometti, I thought I would reach out to the following people as Mr. Jim Diodati referred the selected people emailed. I am trying to understand what’s happening in regards to trees planted on a private property in Niagara Falls. I want to start of by saying I understand the importance of trees in our community and our eco system in general. I am not here to try and get trees cut down. I am trying to understand why in all municipalities a homeowner is not responsible for trees that are on the lot they have bought. In my opinion everyone should be help accountable for what is on a property that they have purchased. When your dog goes to the bathroom in a city park there are bylaws in place to make sure the owner is accountable, am I right? We have regulations against decaying trees and trees that are deemed unsafe. In this case someone of authority, with a back ground in forestry or a bylaw officer maybe will assist, asses, and helps for the removal of this tree. Why are their no rules through the forestry act, municipal bylaw enforcement act, or municipal works, to regulate how trees are planted on a property and how close to a property line a tree can be planted. In Page 58 of 735 3 most instances I see recommendations but no actual regulations? The way I see it the city is offering smaller properties these days with no regulations to where someone can plant a tree. We have regulations on how far a fence can come up to the side walk on a property, we have regulations as to where a shed can be put on a property but not a tree? What happens when property owners plants a big Maple tree a foot away from a fence? when recommendations are 4-6 ft away. We hope property owners can come to an agreement, when that tree is 20 yrs old and is now sitting in someone else’s yard. In some instances maybe your neighbour doesn’t agree. To avoid these kind of altercations the city should be doing more. I am asking council that we introduce rules and regulations the same way we do fences and sheds on a property. Property owners should not be allowed to plant a tree right next to a fence line, and when it becomes a problem to a neighbouring property, that neighbour is expected to deal with this at their own expense. Not the person who actual owns this tree. If a private tree is over hanging a public space example sidewalks I’m assuming municipal works comes and trims this and the highway act will cover the private trees on a highway. What about the 80 yr old grandma who’s sits in her house and dosent own a tree on her property, but her neighbour decided to plant a maple tree 1ft away from her fence, 20 years ago? The way the bylaws are in place today the woman can trim up her property line not giving back anything she removes to the actually owner. This means this 80 yr old woman is expected to buy compost bags, buy the tools to remove it, hire a contractor so she Dosent actually kill this tree herself because she is un educated on how to trim it , and rember this is all at her own expense when she dosent have a tree on her property? The city has no other bylaws in place for this situation not to happen. The way the city sees it, now it has become a legal battle for the poor 80 yr old woman again at her expense, and she dosent own a tree on her property. Now think of another situation where a neighbour decides to plant smaller trees but puts them again 1ft away from the property line and right down the whole property. After 20 yrs these small trees again have moved to a neighbouring yard at that neighbours expense again. How is this acceptable? I believe this is morally incorrect, how can something like this be acceptable in our city when it is morally incorrect. Sincerely, Andrea Giacometti Sent from my iPhone Page 59 of 735 4 CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 60 of 735 PBD-2024-31 Report Report to: Mayor and Council Date: August 13, 2024 Title: AM-2024-012, Official Plan & Zoning By-law Amendment 6888 Drummond Road Proposal: Rezone the subject lands to a site-specific Institutional Zone to facilitate the development of a 192-bed long term care facility with associated clinic use. Applicant: Arcavia Home Care Agent: Rachalle Larocque (The Biglieri Group) Recommendation(s) 1. That Council approve an Official Plan Amendment and a Zoning By-law Amendment to facilitate the development of 192-bed long term care facility and associated clinic use, subject to the regulations detailed in this Report. 2. That the amending by-law include a sunset clause to require the execution of a Site Plan Agreement within three years of the amending by-law coming into a effect, with the possibility of a one-year extension at the discretion of the General Manager of Planning, Building and Development. Executive Summary Arcavia Home Care proposes to develop a 192-bed long term care facility and associated clinic use. The applicant has requested an Official Plan Amendment for a special policy to allow for an increase in floor area to 1055 square metres for a commercial development located within a Residential designation which may locate within 500 metres of other commercial developments. A Zoning By-law Amendment is required to add the use of a clinic, for a reduction of the front yard depth from 10 metres to 8.4 metres, a reduction of the manoueuvring aisle width form 6.9 metres to 6.0 metres, a reduction of the length of a loading space from 9 metres to 7 metres and an increase of the height of a building or structure from 10 metres to 26 metres / 4 storeys. Official Plan Amendment No. 170 and site-specific Zoning By-law No. 2024-074 is on today's agenda for approval. The amendments are recommended by Staff for the following reasons, subject to a future Site Plan Agreement: Page 1 of 22 Page 61 of 735  The proposed development conforms to the Provincial, Regional and City policies as it supports the development of a complete community by meeting a specific housing need and clinical uses support the community;  The proposed development will utilize existing municipal infrastructure and services and minimize urban land consumption;  The proposed development will compliment the existing character through appropriate building design and landscaping of the neighbourhood while providing a denser built form that conforms to the Residential area designation of the Site; and,  The proposed site-specific amendments to the Institutional Zone are appropriate for the area and conform with the intent of the Official Plan. Background Arcavia Home Care has requested an Official Plan Amendment and a Zoning By-law Amendment for a parcel of land known municipally as 6888 Drummond Road and totaling approximately 1.16 hectares, as shown on "Appendix 1". "Appendix 2" shows the proposed site plan and landscape plan. "Appendix 3" shows the proposed renderings. The subject lands are designated Residential in accordance with the City’s Official Plan. The applicant is requesting a special policy area designation to permit an increase of the gross floor area from 930 square metres to 1,055 square metres for neighbourhood commercial facilities namely clinics and to permit the clinic use to be less than 500 metres, instead of the required distance of 500 metres from any other commercial use. The lands are currently zoned Residential Apartment Density (R5B-627) Zone in accordance with Zoning By-law No. 79-200, as amended. The lands were rezoned in 2003 to allow for two, three-storey apartment dwellings with an integrated commercial component to a maximum of 460 square metres. The applicant is proposing to rezone the lands to a site-specific Institutional (I) Zone to facilitate the development of a 192 bed long term care facility, add the use of a clinic, reduce the front yard depth from 10 metres to 8.4 metres, to increase the height of the building from 10 metres to 26 metres / 4 storeys, to reduce the manoeuvring aisle width from 6.9 metres to 6 metres and reduce the length of the loading space from 9 metres to 7 metres. Site Condition and Surrounding Land Uses Surrounding land uses include:  North – A restaurant and other commercial businesses, as well as a Hydro One corridor;  South – Detached dwellings and Father Hennepin Catholic Elementary School;  East – A parking lot associated with Father Hennepin Catholic Elementary School, Hydro One lands and C.B Wright Park; and, Page 2 of 22 Page 62 of 735  West – Low rise one-storey commercial businesses fronting on the west side of Drummond Road and detached dwellings. Circulation Comments Information about the Official Plan Amendment and Zoning By-law Amendment application was circulated to City departments, and external agencies for comments. The following summarizes the comments received to date. Regional Municipality of Niagara  The proposed Official Plan Amendment and Zoning By-law Amendment application is consistent with the Provincial Policy Statement and conform to Provincial policies. Further comments will be provided at the time of future Site Plan application.  The proposed development is located within an area where existing transit service is offered. The proposal will include a clinic use which will support the future occupants of the dwelling units and is within approximately 4 km of various public service facilities, including various parks, the Niagara General Hospital, Niagara Falls Fire Station 2, Niagara Regional Police Station, and the Ontario Provincial Police.  Regional staff reviewed the submitted Stage 1-2 Archaeological Assessment, prepared by Detritus Consulting Ltd. (dated January 16, 2023). The entirety of the subject lands was assessed. The licensed archaeologist recommends no further archaeological assessment of the area as no documentation of archaeological resources were uncovered through the Assessment. Regional staff require the Ministry of Citizenship and Multiculturalism’s (MCM) acknowledgement of the report being entered into the Ontario Public Register of Archaeological Reports. This can be managed through the future Site Plan application.  The applicant is advised that the proposed method of waste storage is not eligible for Regional collection and waste collection for the subject property will be the responsibility of the owner through a private waste collection contractor and not the Niagara Region. Building Services  No objections. A water / sewer permit shall be obtained to construct site services. Building permits will be required to facilitate the proposed development. All necessary fees and securities will be assessed during the building permit review. City, Regional, and Educational Development Charges will be assessed at the time of building permit review. Page 3 of 22 Page 63 of 735 GIS Services and Legal Services  No objections. Fire Services  No concerns with respect to the applications. Technical comments will be provided at the time of the future Site Plan application. Urban Design & Landscape Services  The proposal should clearly delineate the pedestrian route for the commercial businesses located within the development that are not facing the street. The proposal should have consideration with the interface between the south wall and changes that can open the development to promote the businesses better. Emphasize their visibility and potential role as landmarks within the community which shall enhance the character of the neighbourhood.  Trees and landscaping should be incorporated into the design whenever possible, including-but not limited to-street trees, front garden, amenities spaces, and parking areas.  Native species should be used wherever possible. A higher density of tree plantings should be incorporated in the parking areas with a one tree per five parking spaces. Street trees will be required along Drummond Road and along internal roadways. All these requirements can be reviewed as part of the Site Plan application. Municipal Works (Development Engineering)  Staff have no concerns or objections. Staff have received the draft third-party sanitary infrastructure modeling assessment and have no concerns. A detailed review of the proposed engineering design will occur at the site plan application stage. Municipal Works (Transportation Services)  A traffic study was provided and reviewed. The key conclusion is that a southbound left turn lane is warranted on Drummond Road at the site access. The construction of the said left lane will be a condition of the future Site Plan Agreement. A 3.0 metre road widening was previously dedicated to the City and no additional road widenings are required. The driveway to the site is to be designed according to OPSD 350.010, which entails a minimum 7.2 metre driveway width at the road allowance. The width can taper down to 6.0 metres at the first parking space. This can be addressed at the Site Plan application stage. Page 4 of 22 Page 64 of 735  Transportation staff will review truck movements at the site plan stage. A truck driver may not be able to perform the turns noted on the plan; the turnaround area may need to be modified given the truck vehicle tracking.  The site plan notes 8 bicycle parking spaces, which will encourage residents/workers to use the available active transportation network for both commuter and recreation trips. The lands are serviced by Niagara Region Transit route 103/203. Buses proceed north/south on Drummond Road. The closest bus stop is at Churchill Street, half a block south of the subject lands. Neighbourhood Comments A Public Information Open House was held on June 27th, 2024, and was attended by three members of the public and the applicant’s agent. The three attendee’s listened to the presentation and gathered information. They did not express any concerns at the Open House. Five emails were received expressing concerns with the proposal. None of the emails were form the attendees at the Open House. The resident’s concerns are summarized as follows:  Privacy issues  Construction noise  Snow removal run-off and flooding neighbour’s properties  Parking on-site and overflow parking onto neighbouring streets City Staff note the following responses to the concerns raised in the five emails. Privacy issues:  The privacy concerns is associated with the neighbours located on Churchill street south of the proposed buildings. The residents felt with the additional height provided, the residents in the long-term care facility would be able to see into their back yards as the proposal is going to be 4 storeys in height. The site is currently zoned to allow for two, three-storey apartment buildings with up to 70 units and associated parking. The proposed building and parking area are located in the same area as previously proposed for the apartment buildings.  The design of the proposed long-term care facility provides a setback of 16.96 metres at the shortest distance and more than 19.6 metres across the full length of the two buildings facing the south side to the lot line. The proposed setbacks are more the half the building height of a typical residential side yard setback requirement of an apartment building. Further staff note that the building is proposed on the north side of the lands, away from the detached dwellings on Churchill Street and for the most part backs onto Hydro lands and a commercial parking lot. The parking lot is proposed on the south side to create a buffer to adjacent residential uses. As such, there will be no windows overlooking adjacent Page 5 of 22 Page 65 of 735 backyards. Fencing and plantings will be provided around the perimeter of the proposal for additional screening. Construction noise:  The lands are currently zoned to permit two, three-storey apartment buildings, construction of which could proceed at any point. This site will be developed at some point, which will result in construction on the site. Two, three-storey apartment dwellings are permitted as-of-right.  The Noise By-law permits construction activities between the hours of 7 am to 7 pm on weekdays and between 9 am and 7 pm on weekends and holidays. If approved, construction hours will occur within these time limits. Should noise occur beyond those hours, by-law enforcement can be called. Snow removal run-off and flooding neighbour’s properties:  Lot grading and drainage requirements do not permit water to drain from the subject site onto neighbouring properties. The grading plan which will be required as part of the site plan approval created for the project will ensure that there is no negative impact to neighbouring properties from runoff, and that all water is managed within the site. Further review at the site plan stage will confirm the locations of the snow storage and will ensure there is no impact on neighbouring properties.  The Stormwater for the subject property is controlled by using a underground stormwater tank which is designed to hold 255 cubic metres. The tank will release into the storm sewers at a controlled peak rate that is less the predevelopment peak flow rates. Parking on-site and overflow parking onto neighbouring streets:  The proposed parking area complies with the parking requirements for the long- term care and clinic uses. There is an excess of 4 parking spaces from the parking requirements. The parking areas are required to accommodate staff, physicians and visitors parking. The parking provided is appropriate and is consistent with the City’s requirements. City transportation staff reviewed the proposal and had no concerns. As a result, there should be no overflow parking being used on the neighbouring streets. 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 with, and conforms as follows: Page 6 of 22 Page 66 of 735  The proposed development satisfies matters of Provincial interest as outlined in Section 2 of the Planning Act;  The proposed development is consistent with the Provincial Policy Statement which develops vacant land located within the settlement area. These areas shall be the focus of growth and development;  The proposal provides a sufficient housing option for aging residents which is an important factor for meeting the varying housing needs of Ontario residents and meeting the objectives outlined in the PPS;  The proposed development provides intensification where appropriate serviced, a built form that is compact which allows for the development of a complete community;  The proposed redevelopment minimizes urban land consumption and encourages the efficient use of existing municipal infrastructure and services and is not located on hazardous lands.  The proposal allows for the promotion of active transportation and transit with road dedicated bicycle lanes located in each direction on Drummond Road and Niagara Region Transit route and a bus stop located 50 metres south of the site. There are 8 bicycle parking spaces on-site, which will encourage workers/residents to access the available active transportation network both for recreation and commuting trips. 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 NOP encourages opportunities for the incorporation of gentle density, and a mix and range of housing choices that examines the character of established residential neighbourhoods. The NOP defines Long-term care facilities as a specialized housing need, which are to be located within areas with existing or planned services and urban amenities, near existing or planned transit, and near public service facilities;  The proposed long-term care facility will provide 192 beds in an area with existing servicing, urban amenities and located within an area that provides transit service. The proposal will include a clinic use which will support the future occupants of the dwelling units and is within approximately 4 km of various public service facilities, including various parks, the Niagara General Hospital, Niagara Falls Fire Station 2, Niagara Regional Police Station, and the Ontario Provincial Police; and,  The proposed Official Plan Amendment and Zoning By-law Amendment applications are consistent with the PPS and conform to Provincial policies. The Regional Growth Strategy and Economic Development Services are in support of specialized housing need of the long-term care facility. Page 7 of 22 Page 67 of 735 3. City Official Plan The proposal will increase housing options available within the City to serve an aging population. The subject lands are designated Residential in accordance with the City’s Official Plan. The proposal is located within the Built-Up Area which may permit ancillary uses such as a long-term care facility. The Residential designation also includes provisions for Neighbourhood Commercial uses that are limited and small-scale commercial uses, that serve the surrounding residential uses. The applicant is requesting an Official Plan Amendment to place the lands under a Special Policy Area: 1. to increase the gross floor area of the neighbourhood commercial uses from the permitted 930 square metres to the proposed 1055 square metres; and 2. decrease the required setback closer than 500 metres to any other commercial development. 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. Staff support the requested OPA, as the proposal conforms with the intent of the Official Plan as follows:  The long-term care facility is located on an arterial road which minimizes disturbances to area residents. The proposal can be accessed by means of walking, cycling, public transit or motor vehicle and is located 50 metres to a transit stop.  The proposal is suitable to the area and compatible with adjacent land uses. The properties surrounding the proposal include two storey commercial buildings, one and two storey residential dwellings. There are adequate building setbacks and landscape buffers provided with the increase of height to the buildings. The clinic use located on the first floor will create an engaging street front presence. A step- back from Drummond Road will help to further reduce shadowing and visual impact of the increased height on the pedestrian environment.  The minor increase of the permitted floor area and the reduction to the distance of the clinic use closer to a commercial development conforms to the intent of the policies discussed for Neighbourhood Commercial uses as the residential long- term care facility use remains the primary portion of the development, while the clinic use will serve both the needs of the long-term care facility and surrounding neighbourhood residents; Page 8 of 22 Page 68 of 735  The commercial uses are directed to an Arterial Road with the clinic use floor area being located at the front of the building which assists of the creation of a more active street, which supports neighbourhood walkability, and the development of complete communities.  The site is supported by full urban services, an existing public roadway frontage and utilities. Municipal Works had no concerns regarding capacity. The proposal is located within approximately 4 km of various public service facilities, including various parks, the Niagara General Hospital, Niagara Falls Fire Station 2, Niagara Regional Police Station, and the Ontario Provincial Police; and,  The proposed development provides a denser form of housing that conforms to the Residential designation of the site. 4. Zoning By-law No. 79-200 The lands are currently zoned Residential Apartment Density (R5B-627) zone in accordance with Zoning By-law No.79-200, as amended. The applicant is proposing to rezone the property a site specific Institutional (I) Zone to facilitate the proposed development of a 192-bed long term care facility with clinic use. The departures requested from the standard I Zone regulations are summarized in the following table: ZONE REGULATION EXISTING REGULATION REQUESTED REGULATION STAFF RECOMMENDATION (DETAILS TO FOLLOW) Permitted Uses Uses permitted in the I zone Add the use of a clinic support Minimum Front Yard Depth 10 metres plus 13 metres from the original centreline of Drummond Road (from Thorold Stone Road to McLeod Road) 8.4 metres plus 13 metres from the original centreline of Drummond Road support Maximum Height of Buildings or Structures 10 metres, subject to section 4.7 26 metres / 4 storeys subject to section 4.7 support Minimum Manoeuvring Aisle Width 6.9 metres (for stalls 2.75 metres wide) 6.0 metres support Minimum Length of the Loading Space 9 metres 7 metres support Page 9 of 22 Page 69 of 735 Stall The requested regulations can be supported for the following reasons:  The proposed clinic use can be supported as this use is located on an Arterial Road, which allows for a complete community allowing the neighbours the option to walk to the clinic or use transit located on Drummond Road. The clinic use provides a service to both the residents of the long-term care home as well as the surrounding community;  A setback of 8.4 metres is provided from Drummond Road that will maintain consistency with surrounding setbacks with adjacent commercial and residential uses;  The impact of increased height is minimized as the building backs onto lands owned by Hydro One and commercial uses. The proposed increase to building height is designed to be appropriately setback from the lot lines and provides adequate landscape buffers to assist in providing separation from abutting land uses. A step-back above the first floor from Drummond Road further reduce shadowing and visual impact of the increased height on the pedestrian environment. A shadowing drawing was provided, and the analysis demonstrated that there were minimal shadow impacts on adjacent commercial properties adjacent to the lot lines on the west, and north of the site and no impact to the south residential properties during the spring, summer and fall months from hours of 10 am – 6 pm in accordance with section 4.2 – Private Realm sun/shadow study terms of reference. During the winter months there is a minimal impact for shadowing during the morning on Drummond Road;  The parking area is located adjacent to the residential dwellings. The location of the building was designed on the property to minimize any impacts on the existing dwellings located on Churchill Street from the four-storey building. Mitigation measures have been introduced for the increase in height such as such as a step-back, front, rear, and side yard setbacks with landscaping buffers along the perimeter of the site;  The reduction of the aisle width can be supported as the typical aisle width requirement for the proposed uses are 6.9 metres which is a minor departure from the requirement. City’s Transportation Services had no concerns with reducing the minimum aisle from 6.9 metres to 6.0 metres, for the 2.75-metre- wide stalls, provided the entrance at 7.2 metres was tapered down 6.0 metres; and,  The reduction of the length for the loading space requirement is minor in nature as the deliveries for this site will be with smaller trucks. City’s Transportation staff had no concerns with reduction. Page 10 of 22 Page 70 of 735 5. Sunset Clause The timely and orderly provision of housing is a key priority for the provincial government and the City of Niagara Falls. In order 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 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 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. 6. Appeal Provision – Section 34 of the Planning Act In accordance with Bill 185, which received Royal Assent on June 6th, 2024, the Minister, the applicant, or a specified person, public body, or registered owner of any land to which the Zoning Amendment/By-law will apply, who made oral submissions at a Public Meeting or written submissions to City Council prior to the adoption of the Zoning Amendment and/or passage of the By-law, may appeal the Zoning Amendment and/or the By-law to the Ontario Land Tribunal by filing Notices of Appeal to the Clerk. Third- party appeals are no longer permitted. 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, and a new tax assessment 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. Page 11 of 22 Page 71 of 735 Strategic Plan Pillars List of Attachments Appendix 1 - Location Map Appendix 2 - Site Plan and Landscape Plan Appendix 3 - Renderings Appendix 4 - By-law No. 2024-075 - Special Policy Area Appendix 5 - By-law No. 2024-074 - Zoning Written by: Nick DeBenedetti, Planner 2 Submitted by: Status: Signe Hansen, Director of Planning Approved - 06 Aug 2024 Kira Dolch, General Manager, Planning, Building & Development Approved - 06 Aug 2024 Jason Burgess, CAO Approved - 07 Aug 2024 Page 12 of 22 Page 72 of 735 APPENDIX 1 LOCATION MAP 6888 Drummond Road Page 13 of 22 Page 73 of 735 APPENDIX 2 PROPOSED SITE PLAN AND LANDSCAPE PLAN Page 14 of 22 Page 74 of 735 APPENDIX 3 PROPOSED RENDERINGS Page 15 of 22 Page 75 of 735 CITY OF NIAGARA FALLS By—lawNo.2024-075 A by—lawto provide for the adoption of Amendment No.170 to the City of Niagara Falls Official Plan (AM—2024—012). 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.170 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 13thday of August,2024. BILL MATSON,CITY CLERK JAMES M.DIODATI,MAYOR Page 16 of 22Page 76 of 735 OFFICIAL PLAN AMENDMENT NO.170 PART 1 —PREAMBLE Purpose of the Amendment The purpose of the amendment is to allow for the development of a 192-bed long term care home with clinic uses. Location of the Amendment The amendment applies to lands shown as Special Policy Area 98 on Schedule “A”to the Official Plan. Details of the Amendment Map Changes MAP 1 —Schedule “A”to the Official Plan —Residential designation with Special Policy Area 98. Text Change PART 2,SECTION 13 —SPECIAL POLICY AREAS,is amended by the addition of Subsection 13.98. Basis of the Amendment The subject lands are designated Residential as shown on Schedule “A”to the Official Plan.The applicant proposes to develop a 192-bed long term home with clinic uses.The proposal is located within the Built-Up Area which may permit ancillary uses such as a long-term care facility.The clinic uses are located closer than 500 metres from any other commercial development.The gross floor area of the neighbourhood commercial uses will increase from the permitted 930 square metres to the proposed 1055 square metres.The amendment meets the intent of the Official Plan as the proposal is located on an Arterial Road which is Drummond Road and can be accessed by means of walking,cycling,public transit,motor vehicle and close to a transit stop.The proposal is suitable and compatible with adjacent commercial and residential uses designed with adequate setbacks, landscape buffers,and a setback from Drummond Road to further reduce neighbourhood walkability,and the development of complete communities.Transportation and municipal infrastructure will have adequate capacity toaccommodatetheproposal.Page 17 of 22Page 77 of 735 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.170 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.170",shall be identified as Special Policy Area 98 on Schedule “A”to the Official Plan. TEXT CHANGE a.PART 2,SECTION 13 —SPECIAL POLICY AREAS,is hereby amended by adding the following subsection: 13.98 SPECIAL POLICY AREA “98” Special Policy Area “98”applies to approximately 1.16 hectares of land located east side of Drummond Road between Margaret Street and Churchill Street.These lands are designated Residential on Schedule “A”to the Official Plan.Notwithstanding section 3.4.2.1 and 3.4.2.3 the neighbourhood commercial development floor area in the Residential designation shall not exceed 1055 square metres and may locate within 500 metres of other commercial development.The amending zoning by-law shall regulate the development in terms of adding the use of a clinic,building heights,setbacks and parking.Page 18 of 22Page 78 of 735 .ZA-MAP 1 TO AMENDMENT No.170 N"‘g‘"“?‘*~'~’-‘-SCHEDULE A To THE OFFICIAL PLAN Area Affected by this Amendment l: Proposed Change To:AddSPECIALPOLICY#98 A\7’WWH///¢;;/5% Q””‘*0r\ \\ // \\«N‘s Joyoe4y Margaret St pg puounuma lAneeSt ‘2 [hurchillSt ISkinnerSt AV111219 {andSt i < CadhamSt ‘ '' :\\\\\:?age Cr a(‘E'nacSt Excerpt from SCHEDULE -A -FUTURE LAND USE§\\\2 MinorCommercial7§§33§31Open SpaceResidentialNote:Thisscheduleform part of AmendmentNo.170 to the Of?cialPlanfor the City of Niagara Fallsanditmustbereadinconjunctionwiththewrittentext.K:\V§lS,Re4 lll“>l~\2(l2‘l\‘5tlmmIie\Zuniiu]\ZoI \inn20143;»!x Ai-l-?U'l ()1)7/11/1014Page 19 of 22Page 79 of 735 CITY OF NIAGARA FALLS By-law No.2024-074 A by-law to amend By-law No.79-200,to permit the use of the lands for the development of 192—bed long term care home with clinic uses,subject to a 3-year sunset clause.(AM-2024—012) THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1.The Lands that are the subject of and affected by the provisions of this by—law are described in Schedule 1 of this by-law and shall be referred to in this by—law as the “Lands”.Schedule 1 is a part of this by-law. 2.The purpose of this by—lawis to amend the provisions of By—lawNo.79—200,to permit the use of the Lands in a manner that would othen/vise 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—lawNo.79-200,the provisions of this by—laware to prevail. 3.Notwithstanding any provision of By-law No.79—200to 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)The uses permitted in the l zone. (b)Clinic 5.The regulations governing the permitted uses shall be: (a)Minimum front yard depth 8.4 metres plus any applicable distance specified in Section 4.27.1.of By—lawNo.79-200 (b)Maximum height of building or 26 metres or 4 storeys subject to structure Section 4.7 of By—lawNo.79—200 (0)Minimum manoeuvring aisle width 6.0 metres (d)Minimum length of a loading space 7.0 metres(e)The balance of the regulations specified for a I use.6.All other applicable regulations set out in By-law No.79-200 shall continue toapplytogovernthepermittedusesontheLands,with all necessary changes indetail.7.No person shall use the Lands for a use that is not a permitted use.Page 20 of 22Page 80 of 735 10. 11. 12. 13. No person shall use the Lands in a manner that is contrary to the regulations. The provisions of this by—lawshall be shown on Sheet C5 of Schedule “A”of By— law No.79—200 by redesignating the Lands from R5B—627to l and numbered 1255. Should the owner of the Lands not execute a Site Plan agreement within 3 years of this by—lawcoming into effect,then the zoning of the lands zoned l—1255shall be of no force and effect,and the zoning of the Lands will revert to the Residential Apartment 58 Density (R5B—627)zone. Notwithstanding clause 10 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. Section 19 of By-law No.79-200 is amended by adding thereto: 19.1.1255 Refer to By—lawNo.074 By-law No.2003-156 is repealed,and section 19.1.627 of By—lawNo.79—200 is deleted. Read a First,Second and Third time;passed,signed,and sealed in open Council this 13thday of August 2024. WILLIAMG.MATSON,CITY CLERK JAMES M.DIODATI,MAYOR S:\ZONlNG\AMS\2024\AM-2024—012(PLOPZBZOZ40337)-6888 Drummond Road\9 By-law\By—lawNo.2024-xxx -AM—2024— O12.docx Page 21 of 22Page 81 of 735 Z4! Niagaramus.SCHEDULE 1 TO BY-LAW No.2024-074 Area Affected by this Amendment p3 pUOLULUnJCl ChurchillSt Amending Zoning By-law No.79-200 Description:Part of Township Lot Township Applicant:Arcavia Home CareAssessment:272508000209101 AM-2024-012K:\GlS_Requests\202‘l\Schedulc\Zoning\Zoning 2024.aprx 7/23/2024Page 22 of 22Page 82 of 735 Development Proposal 6888 Drummond Road, Niagara Falls Arcavia Home Care August 13, 2024 Page 83 of 735 00 Agenda 01 Site Location 02 Existing Conditions 03 Surrounding Uses 04 Development Details 05 Site Plan 06 Planning Context 07 Development Rationale 08 Questions and CommentsPage 84 of 735 01 Site Location •East side of Drummond Road, north of Churchill Street and south of Collins Drive •Approximately 1.16 hectares (2.86 ac) in size •61.67 meters (202.69 ft) of frontage on Drummond Road •Subject Site is currently vacant •Surrounded by a mix of one- and two-storey detached residential houses, small scale retail and commercial uses, as well as parks and open spaces to the east. Subject Site Page 85 of 735 02 Existing Conditions Front Façade Northeast View Southeast ViewView from Cavan Street Subject Site Looking EastSubject Site Looking Northeast Subject Site Looking Southeast Page 86 of 735 03 Surrounding Uses •North: Restaurants and other commercial businesses. •East: Parking lot associated with Father Hennepin Catholic School and C.B Wright Park on the other side of the Hydro-One corridor. •West: Low-rise retail and single detached residential dwellings. •South: Single detached residential dwellings as well as Father Hennepin Catholic Elementary School. Subject Site School Park Residential Residential Commercial Neighbourhood Commercial Parking Lot Residential Page 87 of 735 •This development application proposes a four-story long-term care home with 192 beds and health-related commercial uses/clinics on the ground floor fronting Drummond Road. •An outdoor amenity area will be provided for residents on the southeast side of the building. •In addition to private amenity space, the proposed development will include landscaping throughout the Subject Site and within the setback from Drummond Road. •The proposed development includes 102 parking spaces (five will be accessible) and eight temporary bicycle parking spaces. 04 Development Details Source: Chamberlain Architect Services Limited Source: Chamberlain Architect Services LimitedPage 88 of 735 05 Site Plan Source: Chamberlain Architect Services Limited Page 89 of 735 •Designated Residential Apartment 5B Density Special Provision 627 (R5B-627) •Permits the following: •Two story apartment dwelling; •Three story apartment dwelling; •Commercial uses within the apartment building. •A Zoning By-law Amendment (ZBA) is required and proposes rezoning the lands as Institutional (I) Zone Niagara Falls Official Plan 06 Planning Context Niagara Region Official Plan •Designated Delineated Built-up Area •Is the proposed land use permitted? Yes Zoning •Designated Residential within the Built Area Boundary •Is the proposed land use permitted? Yes •An Official Plan Amendment (OPA) is required for an exemption from Niagara Falls OP Neighbourhood Commercial Policies 3.4.2.1 and 3.4.2.3 Page 90 of 735 Proposed Amendments to the Niagara Falls Official Plan (OP) 06 Official Plan Amendment •Amend Niagara Falls OP Policy 3.4.2.1 to increase the permitted square metres of commercial development floor area from 930m2 to 1055m2. •Amend Niagara Falls OP Policy 3.4.2.3 to permit the proposed neighbourhood commercial uses in the Residential designation to locate closer than 500 metres to other commercial development.Page 91 of 735 Proposed Amendments to the Niagara Falls Zoning By-law 79-200 06 Zoning By-law Amendment •Rezone the subject site to the Institutional Zone. •Add Clinic as a permitted use to the Institutional Zone. •Reduce the minimum front yard depth from 10 metres to 8.4 metres. •Increase the maximum building height from 10 metres to 26 metres (four storeys). •Reduce the minimum manoeuvre aisle width from 6.9 metres to 6.0 metres. •Reduce the minimum length of a loading space from 9.0 metres to 7.0 metres. Page 92 of 735 07 Development Rationale •Long-term care homes are a critical element of a housing system that can meet the diverse needs of residents at all stages of life. •The proposed development will help Niagara Region to achieve its housing and intensification targets and will contribute to the supply of long-term care beds within the City of Niagara Falls. •The proposed development will utilize existing regional and City infrastructure and services in the City of Niagara Falls, representing an efficient approach to development. •The proposed development will be well-integrated into the existing fabric of the community, providing a gentle increase to height and density and helping to achieve policy directives for the development of complete communities. Page 93 of 735 Questions? 6888 Drummond Road, Niagara Falls, On Arcavia Home Care June 27, 2024 Page 94 of 735 Address: 6888 Drummond Road Applicant: Arcavia Home Care Agent: Rachelle Larocque (thebiglierigroup) Proposal: To permit the development of a 192-bed log term facility with clinic use Official Plan and Zoning By-law Amendment Application - AM-2024-012 Page 95 of 735 A GREAT CITY…FOR GENERATIONS TO COME Location Page 96 of 735 A GREAT CITY…FOR GENERATIONS TO COME Background •The application is to place a special policy area for the proposal in the City’s Official Plan and rezone the subject property to a site-specific Institutional Zone with the addition of the clinic use. •The subject property is designated Residential in the City’s Official Plan. The proposal is located within the Built-Up Area which may permit ancillary uses such as a long-term care facility. The Residential designation also includes provisions for Neighbourhood Commercial uses that are limited and small-scale commercial uses, that serve the surrounding residential uses. •The subject property is currently zoned Residential Apartment Density (R5B-627) zone in accordance with Zoning By-law No.79-200, as amended. Page 97 of 735 A GREAT CITY…FOR GENERATIONS TO COME Official Plan •To place the Lands under a special policy number 98, for an Official Plan Amendment 170. •To increase gross floor area of the neighbourhood commercial uses from the permitted 930 sq. m. to the proposed 1055 sq. m. and •To decrease the required setback closer than 500 metres to any other commercial development.Page 98 of 735 A GREAT CITY…FOR GENERATIONS TO COME Requested Zoning Relief R4 zone – add the use of a clinic Reduce the front yard depth from 10 m to 8.4 m, increase the height of the building from 10 metres to 26 metres / 4 storeys, reduce the manoeuvring aisle width from 6.9 m to 6 m and reduce the length of the loading space from 9 m to 7 m. Page 99 of 735 A GREAT CITY…FOR GENERATIONS TO COME Open House – June 27 Comment/Concerns Response •Privacy Issues – looking into neighbours backyards •The proposed building and parking area are located in the same area as previously proposed for the apartment buildings. •The parking lot is proposed on the south side to create a buffer to adjacent residential uses. As such, there will be no windows overlooking adjacent backyards. Fencing and plantings will be provided around the perimeter of the proposal for additional screening. •The design of the proposed long-term care facility provides a setback of 16.96 metres at the shortest distance and more than 19.6 metres across the full length of the two buildings facing the south side to the lot line. •The proposed setbacks are more the half the building height of a typical residential side yard setback requirement of an apartment building.Page 100 of 735 A GREAT CITY…FOR GENERATIONS TO COME Open House – June 11 Comment/Concerns Response •Construction Noise •If approved, construction hours will occur within these time limits within the Noise By-law requirements. Should noise occur beyond those hours, by-law enforcement can be called. •Snow removal run-off •The grading plan will ensure that there is no negative impact to neighbouring properties from runoff, and that all water is managed within the site. The Stormwater is controlled by using an underground stormwater. The tank will release into the storm sewers at a controlled peak rate that is less the predevelopment peak flow rates. •Parking on-site and overflow parking onto neighbouring properties •The proposed parking area complies with the parking requirements for the long-term care and clinic uses with 4 excess parking spaces. City Tranportation staff reviewed and had no concerns. Page 101 of 735 A GREAT CITY…FOR GENERATIONS TO COME Planning Analysis •The long-term care facility is located on an arterial road which minimizes disturbances to area residents. The proposal can be accessed by means of walking, cycling, public transit or motor vehicle and is located 50 metres to a transit stop. •The clinic use is directed to an Arterial Road with the clinic use floor area being located at the front of the building which assists of the creation of a more active street, which supports neighbourhood walkability, and the development of complete communities. •The property will utilize existing municipal infrastructure. •The proposed development provides a denser form of housing that conforms to the Residential designation of the site. Page 102 of 735 A GREAT CITY…FOR GENERATIONS TO COME •That Council approve Zoning By-law amendment as recommended in report PBD-2024-31 RecommendationRecommendation Page 103 of 735 From: Jeff Priddle < > Sent: Monday, June 17, 2024 12:45 PM To: Nick DeBenedetti Subject: [EXTERNAL]-By law amendment for 6888 Drummond Good afternoon sir, I got a letter about proposed changes to bylaws to build a long term care home at 6888 Drummond Ave. While i recognize the need for more long term care in this province i must object to the rezoning of this property for the following reasons. First off, we bought our house specifically because the area behind us was not zoned for higher story building. Having a 4 story building overlooking our back yard is going to be extremely detrimental to the privacy of us and all our neighbours as well. Secondly, snow storage is going to be right along all of our back fences, that melt is going to cause significant spring time flooding to our property. Not to mention any damage to fences done during snow removal. Thirdly, there is not nearly enough parking listed in the site plan to accommodate the number of rooms, its reasonable to assume that churchill being the closest street will be acting as an overflow lot. This is not fair to the safety and peace of the people who live there. Fourth is the quality of life of the residents of my neighborhood during 3-5 years of construction time it will take to complete this project. A few people work from home on my street in personal care areas that the noise would be hugely disruptive to. The zoning of this area is fine as is, and to make changes to the detriment of the residents isnt only unfair, its a clear message that our enjoyment of our properties is not a priority to this municipal government. There is plenty of land available by the new hospital site, Costco, and Marineland property that would be better suited for this, without changing any bylaws to allow developers to shoehorn in a building to the detriment of the current residents. Thank you for your time, if you wish to discuss this further please reply. Jeff Priddle 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 104 of 735 From: Bill < > Sent: Tuesday, June 18, 2024 9:35 AM To: Nick DeBenedetti Subject: [EXTERNAL]-6888 Drummond Ok, so i have had a good look at the proposed plan for rezoning and am adamantly against this. There is ample land for building this elsewhere, without rezoning and robbing the current land owners of there right to peace and privacy. A four story tower 15 metres from the fence line is awful. There is no plan to put in drainage beyond the parking lot, which is where snow will be dumped. Flooding peoples yards, not a great idea. This is zoned as residential currently, and we are in a housing crisis. The best usage of this land is for what its currently zoned for. Please dont bend over backwards for these developers, who dont care one bit about either the seniors they house or the area they build in, to change our laws to suit their bottom line. Build single residental units, as its zoned for. CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 105 of 735 From: Renata Sopala < > Sent: Tuesday, June 18, 2024 11:18 AM To: Nick DeBenedetti Subject: [EXTERNAL]-Plans for long term care building Good afternoon, Yesterday I received a letter about your plans to build a long term care facility behind my house. As important as those are,I strongly feel there are better suited locations for that instead of shoving it into that small space. I'm a Registered Massage Therapist who works from home and this is my only source of income. Having construction during my business hours would have a very negative impact on my practice. The location of snow removal will be an issue for the residence of Churchill seeing how it will be piled up along our fences causing damage. As for when the snow melts it will cause great water damage to our properties which developers will avoid being held responsible. Please consider a new and better suited location for everyone involved. Thank you. Sent from Outlook CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 106 of 735 From: Ryszard Sopala < > Sent: Tuesday, June 18, 2024 10:24 AM To: Nick DeBenedetti Subject: [EXTERNAL]-4 story building Good morning, Im writing about the plan for Drummond road lot. Is there any plan to maintain the privacy of the neighbour's to this building, or am i going to be sitting in my yard next to a parking lot, with 200 windows pointed at my yard? I've lived here for 25 years and that plot has always been zoned for single detached. Why the change, when we need more homes, and recently Mayor Diodati has stated that he wont rezone Marineland property for development, but will rezone this? CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 107 of 735 From: Dan Trednik < > Sent: Wednesday, June 19, 2024 5:53 AM To: Nick DeBenedetti Subject: [EXTERNAL]-4 story 6888 Drummond. Could you imagine getting home from a hard days work and going into your backyard and seeing 192 windows looking right down on you? This building is way to close, and having that tiny parking lot, which isnt even close to big enough, as a buffer will do nothing to protect our privacy. I grew up in this area, so did my kids. We are working people. We cant afford to just up and sell and move in the middle of a housing crisis. We will also not be able to enjoy our property with this monster looking right into our houses. This isnt fair to the people who are here. One of my neighrbours is going around with an article about a much smaller development on stokes from last year, that council didnt allow because it would have been bad for the long term, established residents. That development was much smaller than this, so lets see if they care about us as much as them. Dan 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 108 of 735 PBD-2024-30 Report Report to: Mayor and Council Date: August 13, 2024 Title: AM-2024-009, Official Plan & Zoning By-law Amendment 2430 St. Paul Avenue Proposal: To increase the maximum permitted height and density and rezone the subject lands to facilitate the development of an apartment dwelling containing two towers with maximum building heights of 15 and 19 storeys and a total of 295 dwelling units Applicant: Legion Heights Niagara Inc. Agent: Michael Allen (ACK Architects Studio Inc.) Recommendation(s) 1. Council That APPROVE By-law and Amendment Plan Official Zoning the Amendment to facilitate the development of an apartment dwelling containing two towers with maximum building heights of 15 and 19 storeys and a total of 295 dwelling units, subject to the regulations detailed in this report. 2. Council That AUTHORIZE (H) Holding a include to by-law the amending provision to require the submission of a Phase 1 Environmental Site Assessment (and any subsequent assessments), the filing of a Record of Site Condition, the submission of an updated Pedestrian Level Wind Study, the implementation of the recommendations identified in the Honey Locust Tree Assessment, the inclusion of warning clauses with respect to noise and archaeological resources, and the implementation of various noise mitigation measures through future Site Plan and/or Condominium Agreements. 3. That Council AUTHORIZE the amending by-law to 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 Legion Heights Niagara Inc. has requested an Official Plan Amendment and Zoning By- law Amendment for a parcel of land known municipally as 2430 St. Paul Avenue. The application proposes the development of an apartment dwelling containing two towers Page 1 of 25 Page 109 of 735 with maximum building heights of 15 and 19 storeys and a total of 295 dwelling units. The amendments are recommended by Staff, subject to the inclusion of a Holding (H) provision to ensure that:  A Phase 1 Environmental Site Assessment (and any subsequent assessments) are submitted to the satisfaction of the Region and City;  A Record of Site Condition is filed with the Ministry of the Environment, Conservation and Parks to the satisfaction of the Region and City;  An updated Pedestrian Level 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;  Recommendations of the Honey Locust Tree Assessment, prepared by Colville Consulting Inc. and dated November 18, 2013, are implemented through any future Site Plan and/or Condominium Agreements to the satisfaction of the Region and City;  Any future Site Plan and/or Condominium Agreements contain standard archaeological warning clauses with respect to the discovery of deeply buried archaeological resources; and  Various noise mitigation measures are implemented through any future Site Plan and/or Condominium Agreements to the satisfaction of the Region and City, as recommended by the Detailed Environmental Noise Assessment, prepared by RJ Burnside and dated February, 2024, as amended. Concerns were raised by members of the public with respect to the loss of privacy, the adequacy of the proposed parking rate, increased traffic volumes as a result of the proposed development, speeding, impacts on the Eagle Valley Golf Course pond, availability of transit services, construction noise, timing, and vibration-related damages, and site access given the topography of the site. These concerns have been addressed through the provision of a 45-degree angular plane, the submission and acceptance of a Traffic Impact and Parking Study, communication with Regional Staff regarding speeding concerns, the resubmission of a Functional Servicing Design Brief, the future submission of a Construction Management Plan at the Site Plan Control/Draft Plan of Condominium stage, the future completion of a pre-condition survey by the applicant, the eventual re-grading of the subject lands, and the enforcement of the City’s Noise By-law should construction noise be generated outside of the designated hours. 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 Page 2 of 25 Page 110 of 735 it will utilize existing municipal infrastructure and services, minimize urban land consumption, facilitate a high-quality pedestrian environment, and will support the achievement of a complete community;  The proposal will contribute to the City’s intensification target and will assist with diversifying the range of housing types/units, 37 of which are intended to be affordable to moderate income households;  The proposed development is compatible with surrounding land uses and will maintain appropriate levels of public health and safety;  The proposed site-specific amendments to the Residential Apartment 5B Density (R5B) 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 Peninsula Conservation Authority Staff. Background Legion Heights Niagara Inc. has requested an Official Plan Amendment and Zoning By- law Amendment for a parcel of land known municipally as 2430 St. Paul Avenue and totaling approximately 1.4 hectares, as shown on Appendix 1. Appendix 2 shows the conceptual Site Plan and Appendix 3 shows conceptual elevations. The subject lands are located within Special Policy Area 26 and are designated Residential in accordance with the City of Niagara Falls Official Plan and Official Plan Amendment No. 27, which permits a maximum building height and density of 10 storeys and 75 units per hectare, respectively. The applicant is requesting to place the lands under a new Special Policy Area to permit a maximum building height of 19 storeys (68 metres) and a maximum density of 210 units per hectare. The lands are zoned Residential Apartment 5B Density (R5B-498) Zone, in accordance with Zoning By-law No. 79-200, as amended by By-law No. 2013-059, which permits the development of a 10-storey (32-metre), 101-unit apartment dwelling with or without neighbourhood commercial uses on a portion of the ground floor. Relief for the building design, layout and number of dwelling units was subsequently sought and approved through Committee of Adjustment files A-2017-038 and A-2019-035. Staff note that the variances apply to the lands in relation to the 10-storey development proposal and do not extend to the current proposal. To facilitate the development of the proposed apartment dwelling containing two towers with maximum building heights of 15 and 19 storeys and a total of 295 dwelling units, the applicant is proposing to repeal By-law No. 2013-059 and rezone the lands to a new site-specific R5B Zone that permits an increase to the maximum height of a building or Page 3 of 25 Page 111 of 735 structure and reductions to the following: minimum lot area for each dwelling unit, minimum front yard depth, minimum interior side yard width, minimum exterior side yard width, and parking requirement. Site Condition and Surrounding Land Uses The subject lands, which are irregularly shaped and approximately 1.4 hectares in size, are located at the northeast corner of St. Paul Avenue and Mountain Road. The lands are currently vacant and slope significantly, having a height differential of between 15 and 17 metres, with the highest elevations at street level adjacent to St. Paul Avenue and Mountain Road, and the lowest elevations moving northwards/eastwards towards Eagle Valley Golf Course. The lands were previously used for sand and gravel extraction, which has ceased. Over time, areas of the site have been built up with gravel and fill. Surrounding land uses include:  North – Eagle Valley Golf Course;  South – Mountain Road, Niagara Strawberry and Fruit Farm, and lands owned by Ontario Power Generation that form part of the Hydro Corridor.  Southwest – Vacant lands approved for a 5-storey, 71-unit apartment dwelling;  East – Eagle Valley Golf Course; and  West – St. Paul Avenue and detached dwellings. Circulation Comments By-law Zoning and Amendment Plan requested the about Information Official Amendment application was circulated to City divisions, agencies, and the public for comments. The following summarizes the comments received to date. Regional Municipality of Niagara  Regional Staff reviewed the Detailed Environmental Noise Assessment, prepared by RJ Burnside and dated February, 2024 that was submitted with transportation noise both assessed The application. the Study sources from St. Paul Avenue, Mountain Road and the CN railway located proposed approximately 300 metres north/northeast of the development. The Study determined that noise mitigation measures are required guidelines, noise Ministry’s the compliance ensure to with of central installation air for allowing including the conditioning, implementing standard sound transmission class rating for exterior walls, Page 4 of 25 Page 112 of 735 windows and doors, and the inclusion of various warning clauses in all Agreements Occupancy. or Rent These Sale, Purchase, of Lease, measures will be implemented through the future Site Plan/Condominium Agreement and secured through a Holding (H) provision on the amending by-law. Additional noise mitigation measures/design changes are recommended to address stationary noise sources (HVAC, garage exhaust fans and emergency generator testing) produced by the proposed development.  Regional Staff note that a Phase One Environmental Site Assessment (at a minimum) is required to support the filing of a Record of Site Condition and to facilitate a change in land use. Staff note that a Record of Site Condition was not filed as part of the previous Official Plan Amendment and Zoning By-law Amendment application. City Planning Staff recommend securing this requirement through a Holding (H) provision on the amending by-law.  The subject lands do not contain any mapped Natural Environment System features. However, a Honey Locust Tree Assessment, prepared by Colville Consulting Inc. and dated November, 2013 was submitted with the application to assess potential impacts to seven Honey Locust trees located on and adjacent to the lands. Regional Staff have no objections to the Assessment and will ensure that the recommendations of the Assessment are implemented through the future Site Plan/Condominium Agreement. City Planning Staff recommend securing the implementation of these requirements through a Holding (H) provision on the amending by-law.  of area an as K Schedule mapped are lands subject The within archaeological potential. At the time of pre-consultation, Regional Staff noted that the lands had experienced intensive and extensive disturbance through previous quarrying activity, which was evident in 1960s aerial imagery and earlier. As a result of the disturbance, no archaeological assessment was requested. Staff recommend the inclusion of standard archaeological future the Site clauses warning through Plan/Condominium Agreement and securing their inclusion through a Holding (H) provision on the amending by-law.  With respect to the interface between the development and the Regional roads, Regional Staff are satisfied with the submitted Landscape Concept Plan. stair Additional landscaping is requested around the enclosure/element located near the intersection of St. Paul Avenue and Mountain Road and will be addressed at the future Site Plan Control/Draft Plan of Condominium stage. It is noted that City Planning Staff do not support the location of the exit stair enclosure in the front yard. Page 5 of 25 Page 113 of 735  Regional Staff reviewed the Pedestrian Level Wind Study, prepared by Gradient Wind Engineers & Scientists and dated January 24th, 2024. The Study identified uncomfortable wind impacts within the public realm within the Regional road allowances in the winter. Mitigation of winds in the winter through architectural screens or massing modifications is requested to lessen the uncomfortable wind impacts. This mitigation can be assessed and implemented through the future Site Plan Control/Draft Plan of Condominium applications. Planning Staff recommend addressing this matter through a Holding (H) provision on the amending by-law to require the submission of an updated Pedestrian Level Wind Study demonstrating no unsafe or uncomfortable wind conditions and/or the effectiveness of proposed mitigation measures.  The traffic component of the Traffic Impact and Parking Study, prepared by GHD and dated March 6th, 2024, was reviewed by Regional Staff. No objections were raised. The development is expected to generate a total of 84 two-way vehicle trips during the AM peak hour and 100 two-way vehicles trips during the PM peak hour. Under existing traffic conditions, all intersections are operating at acceptable volume capacities and levels of service during the AM and PM peak hours. Under the 2026 and 2031 future background traffic conditions, all intersections are reported to continue to operate with acceptable volume capacities, delays, and queuing. Lastly, under the 2026 and 2031 future total traffic conditions, all intersections are reported to continue to operate with acceptable volume capacities, delays, and queuing. The submission of an updated Traffic Impact Study is requested at the future Site Plan Control/Draft Plan of Condominium stage.  A 10 metre by 10 metre daylight triangle is required at the corner of St. Paul Avenue and Mountain Road and will be secured at the future Site Plan It Control/Draft Plan of Condominium stage. is noted for the applicant that underground parking must be located entirely outside of the daylight triangle requirement.  Regional servicing infrastructure is not to be damaged or disturbed through any future construction.  Staff cannot support the proposed storm outlet to the 600 mm Regional storm sewer on St. Paul Avenue without additional analysis/justification from the applicant. This can be addressed at the future Site Plan Control and/or Draft Plan of Condominium stage.  The lands have frontage along roads that are designated as part of the Regional Niagara Bicycling Network. Bicycle lanes/routes are available on Mountain Road but are not currently established and identified with Page 6 of 25 Page 114 of 735 signage on St. Paul Avenue. It is the intent of the Region to make provisions for doing so when an appropriate opportunity arises.  The proposed development is not eligible for curbside waste collection. However, enhanced collection is available. Waste collection intent is requested to be identified by the applicant at the future Site Plan Control and/or Draft Plan of Condominium stage. Niagara Peninsula Conservation Authority (NPCA)  NPCA Staff reviewed the Geotechnical Investigation, prepared by Niagara Testing and Inspection Ltd. and dated March 15th, 2024.  The NPCA recognizes that the existing hazardous slope will be altered for this development. Through future Site Plan Control/Draft Plan of Condominium applications and detailed design, the NPCA will require details regarding how the existing slope will be tied into the development. The Geotechnical Investigation/Report shall review and confirm that the design of all structures is appropriate for the site.  The NPCA supports the approval of the Official Plan Amendment and Zoning By-law Amendment application.  An NPCA works permit will be required for the development and shall be in place prior to the commencement of works on site. Detailed designed elements, including plans and Geotechnical Investigations/Reports, shall be completed to the satisfaction of the NPCA. Niagara Escarpment Commission  No comments as the subject property is located outside of the Niagara Escarpment Plan Area and Niagara Escarpment Development Control Area. Canadian National (CN) Railway  CN Railway notes that the subject lands are located within 300 metres of CN’s Main Line and that CN has concerns with the intensification of residential uses within proximity to railway operations. CN Railway recommends consulting the Guidelines for New Development in Proximity to Railway Operations (2013).  City Planning Staff note that the Guidelines recommend a 30-metre setback from a Principle or Secondary Main Line and that the proposed development well exceeds this setback. Page 7 of 25 Page 115 of 735  CN Railway has requested to be circulated the future Site Plan Control and/or elect may and applications, to of Plan Draft Condominium implement conditions of approval. Enbridge  No objections. Building Services  All required building, site servicing and demolition permits are to be obtained prior to construction/demolition. Building Data Design Matrixes shall be reviewed during the building and fire examination stage of the application process.  At the time of the future building permit application, the applicant is requested Building Compliance Code 3 Report, a provide to Part prepared by a recognized competent Building Code Consultant Agency.  Municipal, Regional, and Educational Development Charges will be assessed at the time of the future building permit application.  A review of the spatial separation fire protection provisions is to be conducted at the building permit application stage.  Any earthquake/seismic recommendations and ground-water table conditions (including any contamination, soil-gas, etc.) shall be provided by a geotechnical consultant at building permit application stage. GIS Services  No comments. Fire Services  No comments or concerns regarding the proposed Official Plan Amendment.  No concerns regarding the proposed Zoning By-law Amendment.  The applicant should ensure that adequate site servicing can accommodate the requirements for water supply if a building height Page 8 of 25 Page 116 of 735 exceeds 84 metres in accordance with 3.2.9.7. of the Ontario Building Code.  Technical comments will be provided at the time of the future Site Plan Control/Draft Plan of Condominium application. Municipal Works (Development Engineering)  No concerns or objections to the proposed Official Plan and Zoning By- law Amendments.  A third-party infrastructure modelling assessment of the sanitary sewer system was completed. Staff have no concerns with the results of the assessment.  A detailed review of the proposed engineering design will occur at the future Site Plan Control/Draft Plan of Condominium stage. Revisions to the Functional Servicing Report are required prior to the submission of formal applications. Municipal Works (Transportation Services)  The subject lands abut St. Paul Avenue and Mountain Road, both of which are Regional roads.  the of component parking reviewed Services Transportation the submitted Traffic Impact and Parking Study, prepared by GHD and dated March 6th, 2024. The Study recommends a parking rate of 1.26 parking spaces per dwelling unit, which is consistent with the City’s recent study work and efforts to update/modernize residential parking rates. Staff are satisfied that the proposed development will accommodate sufficient parking to meet the vehicular demands of the development.  Eleven accessible parking spaces are proposed whereas ten are required.  walkway and system on-site support Services Transportation the connection to the signalized intersection. This will be reviewed in more detail at the future Site Plan Control/Draft Plan of Condominium stage.  the between proposed are zones two that note Staff two loading buildings with a room in each building accessible from the landing. Garbage truck movements will be reviewed at the Site Plan Control stage. Page 9 of 25 Page 117 of 735  Staff support the indoor bike storage room on the main floor of each building. On-road cycling lanes are available on Mountain Road adjacent to the proposed development.  The construction of a 1.5-metre sidewalk is recommended on both Mountain Road and St. Paul Avenue abutting the subject lands.  There is no transit service on Mountain Road or St. Paul Avenue adjacent to the proposed development. The closest Niagara Regional Transit stop is for the #114/214 route, which passes through the St. Paul Avenue and Riall Street intersection that is to the south of the proposed development. The transit stop is approximately 800 metres away from the proposed development. Urban Design & Landscape Services  Cash-in-lieu of parkland dedication will be required through the future Site Plan Control/Draft Plan of Condominium application at the current prescribed rate of 5% for residential uses.  Pedestrian pathways are recommended to align with the proposed crosswalks. Additionally, the provision of sufficient space for the walkway with the necessary curbs and transitions from the road to the sidewalk is recommended. The submission of a Connectivity/Sidewalk Plan will be required at the future Site Plan Control/Draft Plan of Condominium stage.  Staff recommend including more tree plantings along the proposed sidewalks leading to and in front of Tower A, and incorporate a higher density of low growing plants along the walkway leading to the stairs.  Trees and landscaping should be incorporated into the design wherever possible, including but not limited to street trees, rooftop gardens, amenities spaces and parking areas, and is requested to be shown on the of Plan Control/Draft Plan Site at the Plan Landscape future Condominium stage.  etc. are gardens in shrubs ornamental of use The grasses, recommended in lieu of sod and is requested to be shown on the Landscape of Plan Control/Draft Plan future the at Plan Site Condominium stage.  Outdoor bicycle parking is requested to be shown on the Landscape Plan at the future Site Plan Control/Draft Plan of Condominium stage. Page 10 of 25 Page 118 of 735  In accordance with the Tree Survey, Analysis and Preservation Report, prepared by Landmark Environmental Group Ltd. and dated December 2023, thirty trees are proposed for removal. 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. o The recommendations of the Report and Plan shall be implemented at the future Site Plan Control/Draft Plan of Condominium stage. o Staff note that the Tree Survey, Analysis and Preservation Report was prepared in addition to the Honey Locust Tree Assessment. Neighbourhood Comments A Public Information Open House was held on June 24th, 2024 and was attended by five members of the public, and the applicant’s planner and architect. Written comments were also received from two members of the public. Concerns were raised with respect to the loss of privacy, the adequacy of the proposed parking rate, increased traffic volumes as a result of the proposed development, speeding, impacts on the Eagle Valley Golf Course pond, availability of transit services, construction noise, timing, and vibration-related damages, and site access given the topography of the site. Staff’s responses are as follows:  With respect to privacy, Staff note that proposed development will achieve a 45- degree angular plane from the property line of the detached dwellings located to the west of the subject lands. The purpose of a 45-degree angular plane is to assist with providing a transition in scale between buildings of different intensity, protecting access to sunlight and sky view for streets, parks, public and private open space, and to limit shadow and overlook on neighbouring properties from the upper storeys of the proposed development. Staff are satisfied that privacy of the detached dwellings to the west will not be negatively impacted as a result of the proposed development.  City Transportation Services Staff reviewed the parking component of the submitted Traffic Impact and Parking Study, prepared by GHD and dated March 6th, 2024. The Study recommends a parking rate of 1.26 parking spaces per dwelling unit, which is consistent with the City’s recent study work and efforts to update/modernize residential parking rates. Staff are satisfied that the proposed Page 11 of 25 Page 119 of 735 development will accommodate sufficient parking to meet the parking demands of the development.  St. Paul Avenue and Mountain Road are both under the jurisdiction of the Regional Municipality of Niagara. As such, the traffic component of the Traffic Impact and Parking Study was reviewed by Regional Staff. No objections were raised. The development is expected to generate a total of 84 two-way vehicle trips during the AM peak hour and 100 two-way vehicles trips during the PM peak hour. at operating are all intersections traffic existing Under conditions, acceptable volume capacities and levels of service during the AM and PM peak hours. background all conditions, traffic future Under and 2026 the 2031 operate volume acceptable to with to reported are intersections continue capacities, delays, and queuing. Lastly, under the 2026 and 2031 future total traffic conditions, all intersections are reported to continue to operate with acceptable volume capacities, delays, and queuing. The submission of an updated Traffic Impact Study is requested at the future Site Plan Control/Draft Plan of Condominium stage.  With respect to speeding, Staff note that St. Paul Avenue and Mountain Road are under the approve who Region, could the of jurisdiction the Niagara implementation of red light cameras if speeding became an issue. The speeding concerns raised by area residents at the Public Information Open House have been passed along to Regional Staff for their consideration.  In accordance with the submitted Functional Servicing Design Brief, prepared by Hallex Engineering Ltd. and dated February 21, 2024, the subject lands currently drain to the property to the north (Eagle Valley Golf Course). Post-development flows are proposed to be directed to a stormwater management tank, which would then discharge to the existing 600 mm Regional storm sewer on St. Paul Avenue. Regional Staff cannot support the proposed storm outlet to the 600 mm Regional storm sewer on St. Paul Avenue without additional analysis/justification from the applicant. This can be addressed at the future Site Plan Control and/or Draft Plan of Condominium stage. Planning Staff note that overall, drainage would be improved as a result of the proposed development.  The proposed development is located within walking distance (approximately 800 metres) to a Niagara Regional transit stop. Staff note that 800 metres equates to an approximately 10-minute walk, which is supported by the 15-minute City concept, wherein you can get to a destination within 15 minutes. Further, it is noted that the proposed residential intensification may encourage the eventual expansion of transit services closer to the subject lands.  In accordance with the City’s Noise By-law (By-law No. 2004 – 105, as amended), the operation of construction equipment in connection with construction is only permitted between the hours of 7:00 AM and 7:00 PM Monday to Friday and between 9:00 AM and 7:00 PM on Saturday, Sunday and Page 12 of 25 Page 120 of 735 statutory holidays. Construction noise generated outside of these hours would be in contravention of the Noise By-law, which can be enforced by City By-law Enforcement Staff.  At the Public Information Open House, the applicant committed to completing a pre-condition survey of structures in the surrounding area. This assessment would be carried out by a qualified professional and would assess the existing interior and exterior conditions of all structures within a designated area of influence, which is generally a minimum of 30 metres. This provides a baseline that can be referenced by the developer and property owners should damages arise as a result of construction-related vibrations.  If approved, there is a possibility that the construction of the subject development could proceed at the same time as the 5-storey apartment dwelling located at the southwest corner of Mountain Road and St. Paul Avenue, for which a Zoning By- law Amendment was recently approved by Council. Should this occur, the provisions of the Noise By-law would apply to both construction sites. Staff will request the submission of a Construction Management Plan at the Site Plan Control/Draft Plan of Condominium stage to ensure that construction timing is communicated by the development and that any coordination is managed, if necessary.  Vehicular access to the subject lands is proposed via two accesses: a right-in, right-out and left-in access to St. Paul Avenue and a full movement access to Mountain Road. Re-grading of the site will occur to ensure that accesses to the site are constructed appropriately and safely in light of the existing topography. 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 with, and conforms as follows: The proposed development satisfies matters of Provincial interest as outlined in Section 2 of the Planning Act;  The proposed development is located within a settlement area, will support the achievement of a complete community, diversify the City’s and surrounding neighbourhood’s housing stock, will assist the City with meeting its intensification targets in the Built-up Area, and is located within a walkable distance (800 Page 13 of 25 Page 121 of 735 metres) to Niagara Regional Transit stop for the #114/214 route. Staff note that transit services may expand as a result of the proposed residential intensification.  The proposed development minimizes urban land consumption and encourages the efficient use of existing municipal infrastructure and services; and  The recommended Holding (H) provision will facilitate the redevelopment of the 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 proposed development will intensify an existing serviced parcel of land within the Urban Area;  The proposed development will contribute to the intensification target of 50% for the Built-Up Area of Niagara Falls;  The proposed development will assist with diversifying the range of housing types and unit sizes available to accommodate current and future market-based needs; and  The proposal represents a compact built form, will facilitate a high-quality pedestrian environment, and will support the achievement of a complete community. 3. City Official Plan The subject lands are located within Special Policy Area 26 and are designated Residential in accordance with the City of Niagara Falls Official Plan and Official Plan Amendment No. 27, which permits a maximum building height and density of 10 storeys and 75 units per hectare, respectively. The applicant is requesting to place the lands under a new Special Policy Area to permit a maximum building height of 19 storeys (68 metres) and a maximum density of 210 units per hectare. 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. The proposal conforms with the intent of the Official Plan as follows: Page 14 of 25 Page 122 of 735  With a proposed density of 210 units per hectare, the proposed development represents an efficient use of serviced urban land. Further, it is noted that both transportation and municipal infrastructure have adequate capacity to accommodate the proposal. Stormwater management will be addressed to the satisfaction of the Region at the future Site Plan Control and/or Draft Plan of Condominium stage;  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 amenities and active transportation facilities, as identified in the Community Benefits Charges Strategy;  The proposed development will front onto Regional/arterial roads, is within walking distance (approximately 800 metres) to a Niagara Regional transit stop, and may encourage the eventual expansion of transit services closer to the subject lands. Planning Staff note that it takes approximately 10 minutes to complete an 800-metre walk, which is consistent with the 15-minute City concept.  Theproposal will contribute to achieving the City’s annual intensification target of 50% and diversifying the City’s housing stock by introducing a mix of one and two-bedroom dwelling units. Of the 295 proposed dwelling units, 37 units (12.5%), ranging from 540 ft2 to 545 ft2, are intended to be affordable to moderate income households, having estimated purchase prices ranging from $400,000 to $550,000. Staff note that the upper end of the estimated purchase price range slightly exceeds the 2022 maximum affordable house price ($539,460) for moderate income households. It is noted that this figure increases year over year.  The Shadow Study, prepared by ACK Architects Studio Inc. and dated March 14th, 2024, assessed the shadow impacts of the proposed development between the hours of 10:00 AM and 6:00 PM on April 21st, June 21st, September 21st and December 21st. In accordance with the City’s Sun/Shadow Terms of Reference, outdoor amenity areas of adjacent residential uses should receive a minimum of 6 hours of sunlight between the hours of 10:00 AM and 6:00 PM between April 21st and September 21st, and outdoor amenity areas within the proposed development should receive a minimum of 4 hours. Further, roads and sidewalks are to receive a minimum of 4 hours of sunlight between 10:00 AM and 6:00 PM and public outdoor amenity spaces, including the golf course, should receive a minimum of 5 hours of full sunlight between 10:00 AM and 6:00 PM on April 21st.  Staff note that the outdoor amenity areas of all adjacent residential uses receive greater than 6 hours of sunlight at all times of the year. The detached dwellings located west of the proposed development remain unimpacted by the generated shadows. Page 15 of 25 Page 123 of 735  With respect to outdoor amenity areas within the proposed development, balconies on the south facing side of the development will receive greater than 4 hours of sunlight between April 21st and September 21st. However, balconies on the north and east facing sides of the development will not meet this minimum. Staff note that this is largely a result of the building’s orientation, which responds to the topography of the site. Further, it is noted that common on-site amenity areas, including roof top terraces, will exceed this minimum.  St. Paul Avenue and Mountain Road largely remain unimpacted by the generated shadows throughout the year. At 10:00 AM on December 21st, the shadows impact St. Paul Avenue north of the proposed development. However, this is resolved by 11:00 AM. Further, there are minimal impacts to Portage Road, east of the proposed development at 6:00 PM on September 21st. Portage Road in the affected location receives more than 4 hours of sunlight throughout the earlier part of the day.  The shadows generated by the proposed development have the greatest impact on the adjacent golf course. Shadow impacts are greatest in winter (December 21st) when the golf course is not in operation. On April 21st, shadow impacts are concentrated to the southwest corner of the golf course, which receives less than 5 hours of sunlight. However, when considering the golf course as a whole, shadow impacts are minimal.  From an urban design perspective, the proposed development utilizes the sloped topography of the lands to minimize its visual impact and the perception of height. The building is situated away from the intersection of St. Paul Avenue and Mountain Road, which is appropriate in this context given the topography of the lands and the character of the surrounding neighbourhood. Further, the proposed development achieves a 45-degree angular plane from the property line of the detached dwellings located to the west of the subject lands, which assists with providing a transition in scale, protecting sunlight and skyview, and limiting privacy/overlook concerns. The 45-degree angular plane is achieved through the gradual stepping down of building height from 15 storeys to 10 storeys adjacent to St. Paul Avenue and from 19 storeys to 12 storeys adjacent to Mountain Road. Sunlight and skyview are further protected by the provision of appropriate spacing between the two towers. Lastly, it is noted that the majority of the proposed parking will be provided below grade and that the 20 at-grade parking spaces will be appropriately screened from view and in accordance with the City’s Zoning By-law.  The development is proposed within an area of the City that was previously contemplated for residential intensification. Given the subject lands’ location at the intersection of two Regional/arterial roads, the demonstrated compatibility with surrounding land uses, and the proximity of commercial establishments, transit, bicycling infrastructure, and parks, Staff are satisfied that the proposed development is suitable and appropriate. Page 16 of 25 Page 124 of 735 The proposal does not conform with the intent of the Official Plan as follows:  The Pedestrian Level Wind Study, prepared by Gradient Wind Engineers & Scientists and dated January 24th, 2024, indicates that uncomfortable wind impacts are expected on and adjacent to the subject property in the winter. Staff recommend that a Holding (H) provision be applied to the lands until such time that an updated Pedestrian Level Wind Study has been submitted to the satisfaction of the City and Region, demonstrating no uncomfortable wind conditions and/or the effectiveness of proposed mitigation measures. 4. Zoning By-law No. 79-200 The lands are zoned Residential Apartment 5B Density (R5B-498) Zone, in accordance with Zoning By-law No. 79-200, as amended by By-law No. 2013-059, which permits the development of a 10-storey, 101-unit apartment dwelling with or without neighbourhood commercial uses on a portion of the ground floor. Relief for the building design, layout and number of dwelling units was subsequently sought and approved through Committee of Adjustment files A-2017-038 and A-2019-035. To facilitate the apartment dwelling containing two towers with maximum building heights of 15 and 19 storeys and a total of 295 dwelling units, the applicant is proposing to repeal By-law No. 2013-059 and rezone the lands to a new site-specific R5B Zone that permits an increase to the maximum height of a building or structure and reductions to the following: minimum lot area for each dwelling unit, minimum front yard depth, minimum interior side yard width, minimum exterior side yard width, and parking requirement. Staff note that relief is also required to increase the projection of balconies into the required exterior side yard. The departures requested from the standard R5B Zone regulations are summarized in the following table: ZONE REGULATION EXISTING REGULATION REQUESTED REGULATION STAFF RECOMMENDATION (DETAILS TO FOLLOW) Minimum lot area 133 square metres for each dwelling unit 295 dwelling units x 133 square metres = 39,235 square metres 47 square metres for each dwelling unit 295 dwelling units x 47 square metres = 13,865 square metres SUPPORT Page 17 of 25 Page 125 of 735 Minimum interior side yard width One-half the height of the building Tower B = 33.89 metres Tower B = 14.0 metres (east) 19.3 metres (south) SUPPORT SUPPORT, ALTHOUGH NOT REQUESTED Minimum exterior side yard width 7.5 metres + 13.1 metres from the original centreline of St. Paul Avenue Tower A = 0.75 metres + 38.1 metres from the original centreline of St. Paul Avenue SUPPORT, SUBJECT TO ADDITIONAL PROVISION NOTED IN RED BELOW Tower A (Exterior Stairs) = 0.22 metres + 38.1 metres from the original centreline of St. Paul Avenue for the width of Tower A Maximum height of buildings or structures 10 metres subject to section 4.7 Tower A = 56 metres Tower B = 68 metres SUPPORT, SUBJECT TO MODIFICATIONS NOTED IN RED BELOW Tower A = 56 metres and 15 storeys as measured from the elevation of 192 metres Tower B = 68 metres and 19 storeys as measured from the elevation of 192 metres Minimum Parking Space Requirement 1.4 parking spaces per dwelling unit 1.26 parking spaces per SUPPORT Page 18 of 25 Page 126 of 735 295 dwelling units x 1.4 parking spaces = 413 parking spaces dwelling unit 295 dwelling units x 1.26 parking spaces = 372 parking spaces Total Provided: 373 Projection of balconies 1.8 metres into a required front or rear yard 0.45 metres into a required side yard Balconies may project a maximum of 2.5 metres into a required interior side yard SUPPORT, SUBJECT TO MODIFICATIONS NOTED IN RED BELOW Balconies may project a maximum of 2.65 metres into a required yard, save and except an exterior side yard abutting a podium Minimum front yard depth 7.5 metres + 13.1 metres from the original centreline of Mountain Road 6.2 metres + 13.1 metres exit stairs from the underground parking structure NOT SUPPORTED BY STAFF The requested regulations can be supported for the following reasons:  The proposed reduction to the minimum lot area for each dwelling unit will facilitate a compact built form and will minimize urban land consumption, which is supported by Provincial, Regional and City planning policies.  The proposed reductions to the minimum interior side width for Tower B are supported. Staff are satisfied that the development maintains adequate separation from Mountain Road and the adjacent golf course. It is further noted that Tower B steps back from Mountain Road starting at the 12th storey, meaning that the interior side yard width will increase with height.  The proposed reduction to the exterior side yard width for Tower A is supported. Relief is requested due to the irregular shape of the lands and only applies to part of the proposed apartment dwelling. Due to the larger width of the grassed boulevard within the St. Paul Avenue road allowance, the perception of a 7.5- Page 19 of 25 Page 127 of 735 metres setback will be maintained from the paved right-of-way and the proposed 1.5-metre wide sidewalk. Staff recommend including an additional provision in the amending by-law to secure the location/extent of the stairs in the exterior side yard.  The development is proposed within an area of the City that was previously contemplated for residential intensification. Staff are satisfied that the height of the proposed development is compatible with surrounding land uses and will not result the of removal the to impacts, microclimate adverse in subject recommended Holding (H) provision. For these reasons, the proposed increase in and storeys metres/19 68 storeys is 56 to height building metres/15 appropriate and supportable.  The requested parking rate of 1.26 parking spaces per dwelling unit is supported by Transportation Services and is consistent with the City’s recent efforts to update and modernize the multi-residential parking rate in the Zoning By-law;  Although not originally requested by the applicant, Staff support permitting the projection of balconies into a required yard to a maximum of 2.65 metres as it will allow for the provision of functional and private amenity areas for the future occupants of the development. Staff also note that the proposed balconies will help to create visual interest. Although not currently proposed by the applicant, Staff note that the projection of balconies into the exterior side yard abutting St. Paul Avenue and the podium is not supported due to the proposed reduction to the exterior side yard width adjacent to Tower A.  The proposed reduction to the minimum front yard depth to the exit stairs from the underground parking structure is not supported by Staff. Staff note that the exit stairs are enclosed, and that the associated building/structure is considered accessory to the proposed apartment dwelling. Accessory buildings/structures are locating support the not do Staff in front the permitted not yard. building/structure in this location as it does not represent good urban design, especially given the highly visible/prominent nature of the intersection. Should Council wish to approve locating the building/structure in this location, Staff recommend identifying its location on the Height Schedule of the amending by- law. However, Staff recommend that the applicant explores alternative locations for the proposed exit stairs. 5. Holding (H) Provision Staff recommend that the amending by-law include a Holding (H) provision to ensure that:  A Phase 1 Environmental Site Assessment (and any subsequent assessments) are submitted to the satisfaction of the Region and City; Page 20 of 25 Page 128 of 735  A Record of Site Condition is filed with the Ministry of the Environment, Conservation and Parks to the satisfaction of the Region and City;  An updated Pedestrian Level 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;  Recommendations of the Honey Locust Tree Assessment, prepared by Colville Consulting Inc. and dated November 18, 2013, are implemented through any future Site Plan and/or Condominium Agreements to the satisfaction of the Region and City;  Any future Site Plan and/or Condominium Agreements contain standard archaeological warning clauses with respect to the discovery of deeply buried archaeological resources; and  Various noise mitigation measures are implemented through any future Site Plan and/or Condominium Agreements to the satisfaction of the Region and City, as recommended by the Detailed Environmental Noise Assessment, prepared by RJ Burnside and dated February, 2024, as amended. 6. Sunset Clause housing The timely and orderly provision of is a key priority for the provincial government and the City of Niagara Falls. In order 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. 7. Appeals – Sections 17 and 34 of the Planning Act In accordance with Bill 185, which received Royal Assent on June 6th, 2024, the Minister, the applicant, or a specified person, public body, or registered owner of any Page 21 of 25 Page 129 of 735 land oral made who will Amendment/By-law apply, Official an which to Plan submissions at a Public Meeting or written submissions to City Council prior to the adoption of the Official Plan Amendment and/or passage of the By-law, may appeal the Official Plan Amendment and/or the By-law to the Ontario Land Tribunal. Third-party appeals are no longer permitted. 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, a Community Benefits Charge, cash-in-lieu of parkland dedication, and a new tax assessment 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 and will provide affordable housing options. Strategic Plan Pillars List of Attachments Appendix 1 Appendix 2 Appendix 3 Written by: Mackenzie Ceci, Acting Senior Manger of Current Planner Submitted by: Status: Kira Dolch, General Manager, Planning, Building & Development Approved - 07 Aug 2024 Jason Burgess, CAO Approved - 07 Aug 2024 Page 22 of 25 Page 130 of 735 APPENDIX 1 LOCATION MAP Page 23 of 25 Page 131 of 735 APPENDIX 2 CONCEPTUAL SITE PLAN Page 24 of 25 Page 132 of 735 APPENDIX 3 CONCEPTUAL Page 25 of 25 Page 133 of 735 2340 ST PAUL AVE, NIAGARA FALLS, ONTARIO Project Team: Developer | Project Architect | Planner | Landscape Architect | Civil Engineer | Traffic Consultant | Noise Consultant | Wind Consultant | 2340 St. Paul Ave Zoning By -law and Official Plan Amendment Legion Heights Niagara Inc.Page 134 of 735 APPLICATION SURROUNDING CONTEXT AND BUILDING HEIGHT SURROUNDING CONTEXT: •Low/ Medium Density Residential •Extractive Industrial •Development Holding Zone / Hydro (Vacant) SUBJECT SITE: Frontage: 140.5 m along Mountain Rd Depth: 107.07m along East Property Line Area: 1.406 ha (14,057.4 sq.m) EXISTING RESIDENTIAL EXISTING RESIDENTIAL EXISTING HYDRO / DEVELOPMENT HOLDING ZONE EXISTING EXTRACTIVE INDUSTRIAL (GOLF COURSE) SUBJECT LANDS EXISTING EXTRACTIVE INDUSTRIAL Page 135 of 735 CONTEXT PHOTOS EXISTING SITE (NORTH ON ST PAUL AVENUE) EXISTING SITE (SOUTH ON ST PAUL AVENUE) EXISTING SITE (EAST ON MOUNTAIN ROAD) EXISTING SITE (WEST ON MOUNTAIN ROAD)Page 136 of 735 PLANNING CONTEXT REGIONAL OFFICIAL PLAN DESIGNATION •Urban Area/Delineated Built-up Area •Intersection of two Regional Roads and Strategic Cycling Network CITY OFFICIAL PLAN DESIGNATION •Residential, Special Policy Area '26' •Permits 10 storeys and 75 upha CITY ZONING BY-LAW •R5B-498 and subsequent minor variances •Permits 10 storey apartment building with site- specific provisions •123 dwelling units (88 upha) PROXIMITY TO •Parks, Trails and Cycling (e.g. Bruce Trail, Firemens Park) •Commercial areas, restaurants, shopping •Schools and Institutional Page 137 of 735 PROPOSED DEVELOPMENT AND AMENDMENTS Tower B Tower A Access to Underground Parking PROPOSED DEVELOPMENT •Two towers with a total of 295 units (210 upha) and 373 parking spaces (1.26/unit) •Tower A: o 15 storeys at east o Steps down to 10 storeys at west (adjacent to St. Paul Ave) •Tower B: o 19 storeys at north. o Steps down to 15 storeys at south (adjacent to Mountain Rd) •Driveway accesses from Mountain Road and St. Paul Ave o No left-hand turns leaving site onto St. Paul OFFICIAL PLAN AMENDMENT •Increase to 19 storeys and 210 upha ZONING BY-LAW AMENDMENT •Maximum height of two towers ​ •Parking ratio of 1.26/unit •Site specific provisions for lot area per unit and yard setbacks Page 138 of 735 PROPOSED DEVELOPMENT – LANDSCAPE PLAN LANDSCAPING Landscape Coverage Site Landscaping: 9,485.3 sq.m (67.5%) 20 Surface Parking Paving: 1,792.8 sq.m (12.8%) PLACE HOLDER SITE LANDSCAPING PLANPage 139 of 735 PROPOSED DEVELOPMENT – UNDERGROUND PARKING PLAN PARKING LEVEL 2 – 188 PARKING STALLSPage 140 of 735 PROPOSED DEVELOPMENT – UNDERGROUND PARKING PLAN PARKING LEVEL 1 – 165 PARKING STALLS AND 5 UNITS/FLOOR (Tower A- 3 Tower B – 2)Page 141 of 735 PROPOSED DEVELOPMENT – FLOOR PLATES 1ST FLOOR– 12 UNITS/FLOOR (Tower A – 9 Tower B – 6)Page 142 of 735 PROPOSED DEVELOPMENT – FLOOR PLATES 2ND FLOOR– 21 UNITS/FLOOR (Tower A – 12 Tower B – 9)Page 143 of 735 PROPOSED DEVELOPMENT – FLOOR PLATES 3RD – 9TH FLOOR– 22 UNITS/FLOOR (Tower A – 13 Tower B – 9)Page 144 of 735 PROPOSED DEVELOPMENT – FLOOR PLATES 10 TH – 11TH FLOOR– 19 UNITS/FLOOR (Tower A – 10 Tower B – 9)Page 145 of 735 PROPOSED DEVELOPMENT – FLOOR PLATES 12TH – 14TH FLOOR– 15 UNITS/FLOOR (Tower A – 8 Tower B – 7)Page 146 of 735 PROPOSED DEVELOPMENT – FLOOR PLATES 15TH – 18TH FLOOR– 5 UNITS/FLOOR (Tower A – 0 Tower B – 5)Page 147 of 735 PROPOSED DEVELOPMENT – FLOOR PLATES 19TH FLOOR/ROOF TOP TERRACE– 0 UNITS/FLOOR (Tower A – 0 Tower B – 0)Page 148 of 735 PROPOSED DEVELOPMENT – ELEVATIONS Front (Mountain Rd) Elevation Left (St Paul Ave) Elevation ELEVATIONS Page 149 of 735 PROPOSED DEVELOPMENT – ELEVATIONS Rear (Eagle Valley Golf Course) Elevation Left (St Paul Ave) Elevation ELEVATIONS Right ElevationPage 150 of 735 PROPOSED DEVELOPMENT – ANGULAR PLANE SECTIONS ANGULAR PLANE / OVERLOOK St Paul Ave Mountain Rd Page 151 of 735 PROPOSED DEVELOPMENT – ARTIST ELEVATION (MOUNTAIN ROAD)Page 152 of 735 PROPOSED DEVELOPMENT – ARTIST PERSPECTIVESPage 153 of 735 CONCLUSION IN SUMMARY: ✓Provides new housing in proximity to amenities, parks, trails, commercial and institutional uses, at intersection of two Regional Roads ✓Provides an increased range of housing choices ✓Achieves high quality urban design and implements the urban design policies of the City of Niagara Falls ✓Achieves compatibility with surrounding uses ✓Addresses technical requirements of the City, Region and agencies ✓Makes efficient use of existing services and infrastructure Page 154 of 735 Address: 2430 St. Paul Avenue Applicant: Legion Heights Niagara Inc. Proposal: To increase the maximum permitted height and density, and to rezone the subject lands to facilitate the development of an apartment dwelling containing two towers with maximum building heights of 15 and 19 storeys and a total of 295 dwelling units Official Plan & Zoning By-law Amendment Application AM-2024-009 Page 155 of 735 A GREAT CITY…FOR GENERATIONS TO COME Location Detached Dwellings Vacant lands approved for a 5 storey, 71-unit apartment dwelling Niagara Strawberry and Fruit Farm Eagle Valley Golf Course Lands owned by Ontario Power Generation forming part of the Hydro Corridor Page 156 of 735 A GREAT CITY…FOR GENERATIONS TO COME Background Official Plan –Designated Residential and located within Special Policy Area 26 –Proposed Special Policy Area to permit a maximum building height of 19 storeys (68 metres) and a maximum density of 210 units per hectare. Zoning By-law No. 79-200 –Zoned Residential Apartment 5B Density (R5B-498) Zone –Proposed new site-specific Residential Apartment 5B Density Zone –Site-specific relief is requested increase to the maximum height of a building or structure and reductions to the following: minimum lot area for each dwelling unit, minimum front yard depth, minimum interior side yard width, minimum exterior side yard width, and parking requirement. Relief is also required to increase the projection of balconies. Page 157 of 735 A GREAT CITY…FOR GENERATIONS TO COME Site Plan Page 158 of 735 A GREAT CITY…FOR GENERATIONS TO COME Tower A - Conceptual Elevations Page 159 of 735 A GREAT CITY…FOR GENERATIONS TO COME Tower B - Conceptual Elevations Page 160 of 735 A GREAT CITY…FOR GENERATIONS TO COME Conceptual Elevations & Perspectives Page 161 of 735 A GREAT CITY…FOR GENERATIONS TO COME Proposed Zoning Relief Projection of Balconies Proposed: Balconies may project a maximum of 2.65 m into a required yard, save and except an exterior side yard abutting a podium Required: 1.8 m into a required front or rear yard and 0.45 m into a required side yard Max. Building Height Proposed: •Tower A = 56 m (15 storeys) •Tower B = 68 m (19 storeys) Required: 10.0 m Min. Exterior Side Yard Width Proposed: •0.75 m + 38.1 m •0.22 m + 38.1 m (Tower A exterior stairs) Required: 7.5 m + 13.1 m Min. Lot Area/Dwelling Unit Proposed: 47 sq m Required: 133 sq m Min. Interior Side Yard Width Proposed (Tower B): •14.0 m (East) •19.3 m (South) Required: 33.89 m Min. Parking Spaces/Dwelling Unit Proposed: 1.26 Required: 1.4 Page 162 of 735 A GREAT CITY…FOR GENERATIONS TO COME Neighbourhood Comments •Public Information Open House was held on June 24th, 2024. Five members of the public were in attendance. Concern Staff Response Loss of Privacy •Proposed development maintains a 45-degree angular plane from the detached dwellings located to the west of the subject lands Adequacy of Proposed Parking Rate •Traffic Impact and Parking Study recommends a parking rate of 1.26 spaces/unit This aligns with the City’s recent efforts to modernize residential parking rates Speeding •Concerns raised by residents have been forwarded to Niagara Regional Staff Increased Traffic •St. Paul Avenue and Mountain Road fall under the jurisdiction of the Niagara Region. Regional Staff reviewed the Traffic and Impact and Parking Study and raised no objections •Under existing traffic conditions, all intersections are operating at acceptable volume capacities and levels of service during the AM and PM peak hours •All intersections are reported to continue to operate with acceptable volume capacities, delays, and queuing under future total traffic conditions Page 163 of 735 A GREAT CITY…FOR GENERATIONS TO COME Neighbourhood Comments Concern Staff Response Impacts on Eagle Valley Golf Course Pond •The subject lands currently drain to Eagle Valley Golf Course •Post-development flows are proposed to be managed by a stormwater management tank, which will discharge into the existing 600 mm Regional Storm sewer on St. Paul Avenue, subject to Regional approval Transit Services •Proposed development is located within a 10-minute walk (approximately 800 m) from a Niagara Regional transit stop, aligning with the 15-minute City concept •Proposed development may encourage the expansion of transit services Construction Noise, Timing and Vibration- Related Damages •According to the City’s Noise By-law, construction equipment operation is only permitted between 7:00 AM and 7:00 PM from Monday to Friday, and between 9:00 AM and 7:00 PM on Saturdays, Sundays, and statutory holidays •Violations may be enforced by City By-law Enforcement Staff •Submission of a Construction Management Plan will be required •Applicant has committed to completing a pre-condition survey Site Access •Vehicular access is proposed via two accesses: a right-in, right-out and left-in access to St. Paul Avenue and a full movement access to Mountain Road •Re-grading of the site will occur to ensure that accesses to the site are constructed appropriately and safely in light of the existing topography Page 164 of 735 A GREAT CITY…FOR GENERATIONS TO COME Recommendations •That Council approve the Official Plan Amendment and Zoning By-law Amendment, subject to the regulations detailed in Report No. PBD-2024-30 •That Council authorize the amending by-law include a Holding (H) provision •That Council authorize the amending by-law include a sunset clause Page 165 of 735 Mayor and Members of Council City of Niagara Falls 4321 Queen St, Niagara Falls ON L2E 2K Re: AM-2024-009, Official Plan & Zoning By-law Amendment 2430 St. Paul Avenue Your Worship & Members of Council You have before you a report that recommends you approve an Official Plan Amendment and Zoning By-law Amendment to facilitate the development of an apartment dwelling containing two towers with maximum building heights of 15 and 19 stories and a total of 295 dwelling units at the Northeast corner od St. Paul’s Avenue and Mountain Road adjacent to Eagle Valley Golf course. By the way of background, the previous owners obtained an Official Plan Amendment No. 27, which permits a maximum building height and density of 10 stories and 75 units per hectare, respectively. I attended and participated in the OMB hearing that resulted in the approval of that amendment. My arguments were two-fold 1. I did not oppose the proposed density of the building but was concerned that the scale of the building was massive and would be the highest building on the escarpment except for the Brock University Admin Building. (Privately I thought it was a very ugly building as well and lacked architectural imagination. But as you know you can’t make those arguments before the OMB.) 2. I was mainly concerned, however, about the safety of existing traffic especially northbound on St. Paul’s Avenue. There had been at that a few accidents and several very near misses as the northbound residents of the Neighbourhood of St. Davids tried to enter their subdivision. It was satisfying that the Chair of the OMB did listen to the traffic argument and subsequently a great solution was designed and implemented by the region. The staff report before you is very thorough and comprehensive. There is a lot to commend it, especially the sunset clause. Would it make sense to also include a building time line so the project actually gets started and is not flipped like this has been. The proposed building before you is certainly architecturally more artful and visually pleasing. BUT let’s be absolutely clear… it is almost twice as high and 250% denser than OP27! Make no mistake… in approving the report there will be additional real consequences. I believe they are manageable. Provincial planning policies and the replacement of the OMB by the Ontario Land Tribunal make it very difficult to effectively make substantial changes to the proposal. There are some traffic safety issues that will arise when this proposal is implemented. Page 166 of 735 Specifically, every effort should be made to ensure that the St. Paul’s entrance has better defined access and egress lanes and left-hand turns are not permitted into that entrance or out of it. Ideally council would as a condition of plan approval require the Region of Niagara require an island to prevent left hand turn at the St. Paul exit. This process is usually done at the site plan stage, but it is important to give directions at this stage since it is not covered in the report before you tonight. Another consequence of higher density in this and the surrounding area will be increasing traffic demands on Mountain Road, both at Dorchester and the QEW interchanges. At some point council should ask staff if it would make sense to put in a half interchange at St. Paul’s, Creek Road and Highway 405. This obviously would require working with the Municipality of Niagara-on-the-Lake, the Niagara Region and the Province. Currently Niagara Falls is working on its official plan and a referral of this idea may be helpful. Thank you for your attention Yours truly Ron Planche E. M. Page 167 of 735 1 Mackenzie Ceci From:soncarlesso < > Sent:Wednesday, August 7, 2024 10:07 AM To:Mackenzie Ceci Subject:RE: [EXTERNAL]-2430 St Paul Ave I am writing again in regards to the public meeting scheduled for August 13th. Please ensure my previous concerns are included again . As well I want to voice my concerns that the developers approach to the citizens of Niagara Falls, is to propose a repeal by-law No 2013-059 and rezone , instead of working within guidelines already established. This proposed developments is NOT suitable for our neighborhood and will not improve and or benefit the taxpayers of Niagara Falls. Regards Sonya Carlesso Page 168 of 735 Re: Application AM-2024-009 Currently the residents in the area of this application are experiencing increased traffic ow due to construction on Hwy. 405. In the weeks previous the volume of traffic had the addition of the traffic ow created by the construction on Mewburn Rd. It appears to this resident that Mountain Rd., is the detour route of choice for any interruption of regular traffic ow. Of course the residents on the building(s) site previously experienced the pounding of the earth under an earlier application. The pounding resulted in pictures and other items falling to the oor and breaking together with cracks appearing in their foundation. Now this application and the application by Mountainview for a condominium to be built on Mountain Rd., are being presented to council and residents of the area. Should the ‘sunset clause’ (construction to be commenced within 3 years of approval) be used in these cases the residents of the area will be subjected to the noise etc. from both construction sites simultaneously. What steps will be taken to ensure the residents in the immediate area are not disturbed unreasonably? The towers in this application will reach a height of approximately 215 ft (71 yds). The residents in the area backing onto St. Paul Ave., will effectively loose their backyard privacy as will some residents on Walker Court who back onto Mountain Rd. The human residential density will effectively double in the immediate area as will the resultant residential traffic. What steps will be taken to assist the ow of traffic in the area? Will there be merge lanes installed. Will left hand turn lanes be extended? The right turn only intersection on St. Paul Ave., does not address persons using Pinestone Rd and Stone Gate to make their way to the commercial area nearby (St. Paul and O’Neil) thereby avoiding the left turn lane on Mountain Road and thwarting the intention of the right turn only onto St. Paul. Will the City of Niagara Falls consider the installation of ‘red light cameras’ at the intersection of Mountain Rd., and St. Paul Ave.??? With the increased traffic in the area the rules within the Highway Traffic Act appear to be ignored or abused. The installation of ‘red light cameras’ and speed monitoring devices together with a pedestrian walkway to cross St. Paul Ave., right turn lane to Mountain Rd. would greatly enhance safety in the area. What do I see as not addressed by the studies I have skimmed over? traffic-there is no recognition of the frequent use of Mountain Rd., as the roadway to be designated as part of a detour route when there is construction somewhere in the greater Stamford area. (Example; Mewburn Rd and Hwy. 405) noise-the construction requirements for noise abatement are interesting but there is little consideration of noise and construction disruption for existing residents—i.e. sound walls, daily supervision to ensure the start and end times of work are obeyed as are the tracking of debris on roadways and neighbouring properties. construction vibration-how will the builder ensure the vibrations from pounding and other construction activities will not cause damage to existing resident’s structures? long term issues-not that the above will not be long term issues but the privacy, additional vehicular and pedestrian traffic, infrastructure (roadways, sewers, schools etc), sidewalks, parkway trails and the maintenance of all of the above mean additional costs. Will long term residents be footing the bill via increased taxes? parking-295 units, 373 parking locations or 1.26 locations per unit. Is that reasonable, especially with the lack of public transit in the area? I think not. In a study of vehicles owned per house hold between 2015 and 2020 found the average house hold in Canada owned 1.5 cars and the number of vehicles per house hold had a growth rate of 3%. The question being where will the additional vehicles be parked? How will that parking of the additional vehicles be dealt with? Page 169 of 735 Certainly these developments will mean considerable change for historic Stamford. I do believe when a particular area of the city is repeatedly targeted for change, for example detour route(s) for traffic ow and multiple construction projects there should be a period of time to allow existing residents a time period to enjoy their properties without external interference . Eric and Fran Harman Page 170 of 735 From: soncarlesso <> Sent: Thursday, June 20, 2024 1:24 PM To: Mackenzie Ceci Subject: [EXTERNAL]-2430 St Paul Ave I am writing to express my concerns about the proposed amendment application. I OPPOSE the official plan amendment for increase in heights to 15 and 19 storeys, as well as the increased density to 210, resulting in 295 units. The requested proposal will result in an increase in traffic, resulting in problems entering and exiting the building. This is already a busy intersection, and the position of proposed entry and exits will cause definate problems in traffic flow. I also have concerns about reductions to parking requirements. What is the parking requirement, ie how many spots? And what is the reduction amount of visitor parking proposed? Finally I do not feel the total proposal is suitable for the area, and certainly not an improvement to the neighbourhood. Regards Sonya Carlesso Sent from my Galaxy Tab A CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 171 of 735 The City of Niagara Falls, Ontario Resolution August 13, 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 August 13, 2024, Niagara Falls City Council will be holding Closed Meetings as permitted under s. 239 (2) of the Municipal Act, namely; (a) the security of the property of the municipality or local board (b) personal matters about an identifiable individual, including municipal or local board employees (c) a proposed or pending acquisition or disposition of land by the municipality or local board. (d) labour relations or employee negotiations. (e) litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board. (f) advice that is subject to solicitor-client privilege, including communications necessary for that purpose. (h) information explicitly supplied in confidence to the municipality or local board by Canada, a province or territory or a Crown agency of any of them. (k) a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality or local board. THEREFORE BE IT RESOLVED that on August 13, 2024 Niagara Falls City Council will go into a closed meeting to consider matters that fall under 239 (2); (e) & (f) regarding a litigious matter before an administrative tribunal, affecting the municipality and to receive advice that is subject to solicitor-client privilege regarding an OLT matter, (c) a proposed or pending disposition of land by the municipality, (c) a matter regarding the proposed acquisition of land by the municipality, Page 172 of 735 (d) a matter regarding labour relations or employee negotiations related to employee contract negotiations, (f) & (k) a matter to receive legal advice subject to solicitor-client privilege regarding a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality regarding WEGO, (b) & (f) personal matters regarding identifiable individuals and to receive legal advice subject to solicitor-client privilege subject to a CIP Brownfield Redevelopment Grant, (c) a matter regarding the proposed disposition of land by the City of Niagara Falls, (a) & (c) a matter regarding the security of the property of City of Niagara Falls and local board and the proposed disposition of land, (h) to discuss information explicitly supplied in confidence to the municipality by the government of Canada. AND The Seal of the Corporation be hereto affixed. WILLIAM G. MATSON JAMES M. DIODATI CITY CLERK MAYOR Page 173 of 735 CS-2024-03 Report Report to: Mayor and Council Date: August 13, 2024 Title: Introduction: At Your Service Niagara Falls Recommendation(s) THAT Council RECEIVE Staff Report CS-2024-03, Introduction: At Your Service Niagara Falls as information. Executive Summary Council has identified Customer Service as one of three strategic pillars in the Council Approved Strategic Plan for the 2023-2027 term. In November 2023, Council approved the City of Niagara Falls Customer Service Strategy. The strategy aims to transform our service delivery to be more effective and efficient, as outlined in Attachment 1. Our current approach to customer service is disjointed and has significant manual interventions. This creates inconsistency in service and is very inefficient. Though we do provide a high level of service, the systems (or lack thereof) are currently failing to deliver customer service at a level the City wants to provide. The current approach is failing now and will not be able to efficiently handle the growth of the City or demands placed upon it from new technologies or customer preferences. The purpose of this report is to introduce and provide information on the City’s new service delivery model: “At Your Service Niagara Falls” (AYSNF). This model represents a new and improved approach to providing service centered around the people we serve. It eliminates guesswork and makes accessing the right people and information easier using a multi-channel, proactive, customer-centric approach. Our goal is to help customers get things done quickly, simply, and seamlessly. The plan (model) moving forward embraces innovative technology and processes while supporting employees with the training and tools they need to deliver welcoming and consistent customer service experiences. The new model requires additional up-front investment over the medium term to initiate the program. This investment is necessary to ensure the successful implementation. A number of financing strategies, such as the use of reserves, capital funding, phase-in and attrition, have been identified and approved by Council at its meeting on July 16, 2024 to mitigate costs over a 3–5-year period. The efficiency gains and attrition will not be realized for a few years, but when realized the City will have an approved system that will operate at a lower cost than the existing approach. Page 1 of 6 Page 174 of 735 Background The Customer Service Strategy was developed to address growing customer expectations and to leverage technology for improved service delivery. It serves as a guide for all employees to follow in providing front-line service, developing policies and procedures, and making technology investments and implementations. The Strategy aligns with Council’s strategic priority of enhancing customer service, focusing on delivering a welcoming and consistent experience centered around the people we serve. The Strategy aims to provide consistent, reliable, and efficient interactions through multiple channels, including in-person, phone, and online. Currently, customer service is provided in a decentralized manner, with each City Department responsible for its own front line service delivery. This method can often lead to inconsistent, fractured, and complicated service delivery which leads to multiple requests for the same or similar issues resulting in frustrated customers and inefficient use of staff resources. The implementation of “At Your Service Niagara Falls” (AYSNF) will centralize customer service through a centralized customer service department and with the use of a new Customer Relationship Management (CRM) and knowledgebase software systems. Pooling resources is expected to increase the City’s capacity for our growing City and better serve citizens through the first point of contact resolution while allowing operating departments to build capacity to focus on their technical service delivery. Analysis Every interaction a customer has with the City of Niagara Falls, whether via phone, online or in-person is an opportunity to provide excellent customer service. While the standards and methods of delivery for the many services provided by the City differ, customers expect a high level of responsiveness and consistency in the experience they receive each time they interact with the City of Niagara Falls. Considering this, several initiatives are underway and planned as part of the AYSNF model, which have been highlighted below. Service Locations, Hours, and Type: Customers will have the option to visit one of two locations to receive centralized in-person services. The first location is City Hall, which provides central access for all standard services during regular business hours (Monday-Friday 8:30 am to 4:30 pm). The second location is the MacBain Community Centre, which will offer extended service hours to accommodate a wider range of schedules. Multi-Channel Service Delivery: Efforts are underway to ensure customers can engage with the City through multiple channels seamlessly and in a manner, they choose (in-person, phone or online). This includes enhancing the City's website, Page 2 of 6 Page 175 of 735 introducing an online chat function, and utilizing artificial intelligence (AI), to allow customers to access services and support through their preferred channel. Expanded Self-Service Options: The City plans to increase the number of self-service options available to customers. This includes expanding online service capabilities, such as booking facilities and accessing permits and licenses electronically. Technology Improvements: As approved in the 2024 Capital Budget, staff have taken steps to secure a Customer Relationship Management (CRM) system and knowledgebase to streamline interactions and track customer requests. This will enable the City to better track, monitor and communicate with customers on the progress the City is making on their requests. Improved Data Analytics: Utilizing data from the CRM software, the City aims to leverage data analytics to better understand customer needs and preferences. This will help tailor services, provide first contact resolution, and proactively address issues before they escalate. Engagement and Continuous Improvement: The City actively seeks feedback from residents through surveys and the "Let’s Talk Niagara Falls" platform. This input is crucial for identifying areas of improvement and making data-driven decisions to enhance service delivery. The AYSNF model will continue to utilize these tools to shape the design and delivery of our services and ensure that what the City offers meets customers' needs and requirements. Further, the City will continue to create opportunities for customers to share ideas and give feedback to better understand customers’ needs, expectations, and preferences. Efforts are underway to launch a customer engagement survey in September 2024 that will provide input and baseline data. Customer Service Standards: The City is dedicated to delivering a high standard of service. By establishing clearly defined service levels, which include response times and service quality benchmarks, staff will ensure that every interaction is consistent and reliable. These standards will be developed during the first phase of implementation, enabling our staff to measure progress and performance accurately, ensuring accountability and continuous improvement. Establishing service levels also allows us to keep customers informed about the status of their services, building on our commitment to providing dependable and consistent service. Employee Training and Support: The City is committed to ensuring staff has access to the information, tools, and training they need to provide customers with a friendly and responsive service experience. Staff will be trained to adopt a customer-centric approach, ensuring they are well-equipped to meet customers' needs. This includes continuous training and coaching opportunities to enhance their customer service skills. In addition, City-wide training will be developed to reinforce the corporate customer service AYSNF model as informed and empowered employees will be the foundation for our success. Page 3 of 6 Page 176 of 735 Communication and Branding: Staff have developed a robust communication plan and branding strategy to ensure that staff and customers/residents are engaged and informed about the AYSNF model. Tactics include an information video, social media campaigns, “Let’s Talk” engagement site, intranet promotion and various internal information sessions. Launch: The AYSNF model will be implemented in phases as resources and capacity is realized. The model will constantly evolve over the next 5 years with continuous improvement and implementation of new technologies. With the number of current and planned initiatives underway, staff anticipate a preliminary Spring 2025 launch of the first phase. The initial phase will focus on establishing the foundational elements of the AYSNF model, including the centralization of customer service functions and the deployment of the new CRM. As the AYSNF model progresses, subsequent phases will build on this foundation by incorporating advanced self-service options, expanding the use of data analytics to better understand customer needs, and continuously refining service offerings based on customer feedback. This phased approach ensures that each stage of the implementation is manageable and allows for adjustments based on feedback and evolving technological capabilities. Operational Implications and Risk Analysis Customer service management is a cross-functional discipline requiring a high-degree of collaboration among departments and staff. To be successful, all departments must have a shared responsibility to deliver a high value customer experience across all channels. This includes consistent information and messaging as well as working together to refine the value of each role in delivering end-to-end service. As such, all City Divisions/Departments will be engaged in the AYSNF model and related actions. Financial Implications/Budget Impact The implementation of phase one initiatives for the new customer service model has financial implications that were previously approved and included in the capital budget. The new model requires additional up-front investment over the medium term to initiate the program. This investment is necessary to ensure the successful implementation. A number of financing strategies, such as the use of reserves, capital funding, phase-in and attrition have been identified to mitigate costs over a 3-5 year period and were approved, along with the new customer service model by Council on July 16, 2024. Although the efficiency gains and attrition will not be realized for a few years, however, when realized the City will have an improved system that will operate at a lower cost than the existing approach. Page 4 of 6 Page 177 of 735 Strategic/Departmental Alignment This report aligns with the strategic pillar of Customer Service in the approved 2023- 2027 Strategic Plan. The multi-year workplan in development for the new service delivery model, At Your Service Niagara Falls(AYSNF), will address several actions identified in the strategic plan including:  Customer Service Plan and Implementation  Establish a Knowledgebase Portal  Implement a Customer Relationship Management (CRM)  Online chat function for Residents  Website and Intranet Updates  Upgrade “back-of-house" programs and systems to allow for seamless integration of customer interactions and workflow Strategic Plan Pillars Customer Service Delivering a welcoming and consistent customer service experience centred around the people we serve. Contributor(s) This report was written in consultation with: Shelley Darlington, General Manager of Corporate Services Jason Burgess, CAO Additionally, the Customer Service Steering Committee, Corporate Leadership Team (CLT) and Senior Leadership (SLT) have been engaged and consulted as part of this process. List of Attachments Attachment 1: City of Niagara Falls Customer Service Strategy Written by: Stephanie Young, Manager of Customer Service Shelley Darlington, General Manager of Corporate Services Submitted by: Status: Shelley Darlington, General Manager of Corporate Services Approved - 07 Aug 2024 Jason Burgess, CAO Approved - 07 Aug 2024 Page 5 of 6 Page 178 of 735 City of Niagara Falls Customer Service Strategy OUR VISION We will deliver a welcoming and consistent customer service experience centered around the people we serve. GUIDING PRINCIPLES OUR MOTTO: “Delivering exceptional service by putting residents at the heart of everything we do!” OBJECTIVES Customers can conveniently engage with the City Employees are supported to deliver exceptional customer service Delivery of customer service is efficient Delivery of customer service is informed by customer input OUTCOMES • Improved customer satisfaction • Increased number of self-serve options available • Improved visibility on customer service requests • Improved visibility on customer interactions • Improved employee satisfaction & engagement • Improved productivity and increased volume of service requests processed • Reduced time to resolution • Improved First Contact Resolution • Increased type & frequency of customer engagement INCLUSIVE & DIVERSE Ensure the City is inclusive and accessible for customers across all services. Establish policies and practices that enable respectful, fair and equitable treatment. ACCOUNTABLE Build and maintain customer trust through addressing customer requests and providing responsive communication. COLLABORATIVE Foster a culture of collaboration within internal departments for a consistent customer service experience. Engage with customers to understand their needs, expectations and preferences. INNOVATIVE Embrace innovative technology and processes to efficiently meet customer needs, fostering greater engagement with the City. Page 6 of 6 Page 179 of 735 AUGUST 13, 2024 A NEW APPROACH TO CUSTOMER SERVICE Page 180 of 735 Customer Service Strategy BACKGROUND Delivery of customer service is informed by customer input Delivery of customer service is efficient Employees are supported to deliver exceptional customer service Customers can conveniently engage with the CityOBJECTIVES •Increased type and frequency of customer engagement •Improved productivity and increased volume of service requests processed •Reduced time to resolution •Improved First Contact Resolution •Improved employee satisfaction and engagement •Improved customer satisfaction •Increased number of self-serve options available •Improved visibility on customer service requests •Improved visibility on customer interactions OUTCOMES OUR MOTTO: “Delivering exceptional service by putting residents at the heart of everything we do!”2 OUR VISION: We will deliver a welcoming and consistent customer service experience centered around the people we serve.A New Approach to Customer ServicePage 181 of 735 OUR CURRENTCUSTOMER SERVICE JOURNEYA New Approach to Customer ServicePage 182 of 735 A New Approach to Customer ServiceCurrent State 4 CONTACT FROM CUSTOMER SEGREGATED ENTRY POINTS MULTIPLE DEPARTMENTAL REFERRALS CUSTOMER SERVICE JOURNEY Page 183 of 735 A New Approach to Customer ServiceCurrent State —Example 5 Resident calls the general line with a water billing question. CUSTOMER SERVICE JOURNEY Page 184 of 735 New Customer Service Model A New Approach to Customer ServiceMOVING TOWARDSMOVING FROM AT YOUR SERVICE NIAGARA FALLS How we want to serve you.How you want to be served.Page 185 of 735 INTRODUCING AT YOUR SERVICE NIAGARA FALLSA New Approach to Customer ServicePage 186 of 735 At Your Service Niagara Falls A New Approach to Customer ServicePage 187 of 735 OUR NEW CUSTOMER SERVICE JOURNEYA New Approach to Customer ServicePage 188 of 735 A New Approach to Customer Service10 CONTACT FROM CUSTOMER CUSTOMER FOLLOW-UP MULTI-CHANNEL SERVICE DELIVERY CUSTOMER SERVICE JOURNEY DEPARTMENT COLLABORATION STREAMLINED ENTRY POINTS Future State Page 189 of 735 A New Approach to Customer Service11 2. RESIDENT HAS THEIR QUESTION ANSWERED 1. CALL RECEIVED BY CUSTOMER SERVICE Resident calls the general line with a water billing question. CUSTOMER SERVICE JOURNEY Future State —Example DEPARTMENT COLLABORATION Page 190 of 735 12 Timeline & Deliverables •Model To Continue To Evolve •Continuous Improvements and Implementation of New Technologies •Expanded Self Serve Options •Expanded Use of Data Analytics •Refined Service Offerings Based on Customer Needs •Phased In Over Next Five Years as Resources and Capacity Allows •Communication Plan and Brand Strategy •Customer Engagement Survey •Initial Recruitment •Detailed Project Plan and Workplans •CRM Software Procurement and Initialization •Telephone Integration •Process and Documentation SECOND HALF •Launch At Your Service •Focuses On Establishing Foundational Elements of AYSNF Model FIRST HALF •Secondary Recruitment •Training & Development A New Approach to Customer Service202620242025 Page 191 of 735 RateLevy2025 Operating Impacts $78,471$421,800Software, Maintenance and Salary costs Financial Implications A New Approach to Customer ServiceRateLevy2026 Operating Impacts $10,752$96,768Final Salary Phase-In New model requires additional up-front investment over the medium term. Financing strategies, such as the use of reserves, capital funding, phase-in and attrition have been identified to mitigate costs over a 3-5 year period.Page 192 of 735 THANK YOU 14A New Approach to Customer ServicePage 193 of 735 PBD-2024-33 Report Report to: Mayor and Council Date: August 13, 2024 Title: Grassy Brook Secondary Plan Phase 2: Preferred Land Use Concept Recommendation(s) 1. That Council RECEIVE the preferred land use concept as presented in this report and DIRECT staff to proceed to Phase 3 in order to prepare detailed land use policies for additional stakeholder consultation. Executive Summary The purpose of this report is to update Council with the status of the Grassy Brook Secondary Plan (GBSP) by presenting the preferred land use concept which will conclude Phase 2 and allow staff to proceed to the third and final phase of the project. Initiated in early 2023, the GBSP is to advance the City’s 2021 Employment Strategy. Council was presented with the Existing Conditions and Background Review (PBD 2023-28) on May 30, 2023, where Council approved the results of Phase 1 and directed staff to proceed to Phase 2 of the project. Phase 2 of the GBSP commenced in the summer of 2023 and included working with the Consulting team, residents and stakeholders to develop a vision, goals, and key guiding principles in studies, background on work the plan. secondary for Continued combination with public and stakeholder engagement throughout Phase 2, informed the identification and evaluation of potential land use options culminating in the preferred land use option presented in this report. The preferred land use option as shown in “Appendix 1” and detailed further in “Appendix 2” (Proposed Land Uses chart) are part of the Planning Justification Report attached as “Appendix 3” to this report. With Council’s approval, Staff and the Consulting Team are prepared to proceed to Phase 3 of the project which involves the preparation of the draft secondary plan with detailed land use policies for additional public and stakeholder consultation. Continued public and working group consultation will inform and further refine the draft secondary plan prior to it being considered and adopted at a later session of Council. Background The City of Niagara Falls undertook an Employment Lands Strategy (Strategy) where the key objective was to assess the City’s long term employment land needs to the year Page 1 of 67 Page 194 of 735 2051, to ensure that the City had the right amount of developable employment land in the right location to meet forecasted industrial demand. Council endorsed the Strategy in December 2021 through PBD 2021-79. With an estimated forecast of 3,450 additional industrial jobs assigned to the year 2051, the Strategy determined that the City would have an employment land shortfall of approximately 76 hectares (188 acres). Accordingly, the primary recommendation of the Strategy to location a in area strategic new a establish to was employment accommodate this future industrial job growth. In determining the location for a new employment area, the Strategy identified a number of key characteristics that such an area should have:  Be located within the City’s urban area boundary,  Be located in close proximity to other existing employment areas,  Have frontage on and access to the QEW highway, a major goods movement corridor,  Be of a sufficient size to accommodate the majority of the anticipated job forecast demand,  Be in a location that is impacted by minimal residential encroachment and thus have minimal land use compatibility conflicts, and  Have availability of full municipal servicing or have the availability of municipal servicing in the near future. Taking into consideration the above, the Strategy recommended that the lands in the Grassy Brook area met those criteria, as a new proposed employment area in this location:  Is located within the City’s urban area boundary and is currently zoned Industrial in the Township of Willoughby Zoning By-law No. 395-1966,  Is in close proximity to the existing Montrose Business Park to the northwest and the Stanley Avenue Business Park to the north,  Does have frontage on and has access to the QEW,  Is approximately 267 hectares (660 acres) in size, with a developable land area of approximately 140 hectares (341 acres) and is of a sufficient size to accommodate the majority of the City’s currently assigned 2051 industrial job growth of 3,450 jobs,  Is located in an area of the City that will have the least impact on nearby sensitive land uses such as residential, and  Grassy Brook is the location for Niagara Region’s new South Niagara Falls Wastewater the constructed is facility new Once plant. Treatment this employment area will have direct access to full municipal services. Recognizing the need to plan how the Grassy Brook area should develop, in a comprehensive planning and transparent manner in keeping with relevant legislation, a Secondary Plan was initiated through Report PBD 2023-03, dated January 17, 2023. Page 2 of 67 Page 195 of 735 A Secondary Plan is a more detailed policy plan for a specific geographic area within the municipality that is adopted into and becomes part of the City’s Official Plan. A Secondary Plan will proactively and effectively manage new growth for this area while considering infrastructure investment, land use compatibility and a planning framework for both new employment and residential development. The objective of the Secondary Plan process is to develop a complete community that is planned, designed, and developed to be walkable, transit supportive, and respectful of the natural environment while meeting the City’s 2051 employment and housing targets. The Secondary Plan will also ensure that growth occurs in a coordinated and efficient manner in accordance with a transparent process that involves the extensive stakeholder consultation. Site Context The Grassy Brook Secondary Plan study area is approximately 495 hectares (1,223 acres) in size and is located on lands east of the QEW, south of the Welland River and north of Lyon’s Creek. Current land uses within the area include residential, open space, resort commercial, and environmental protection/conservation areas. The area will remain unserviced until the completion of the South Niagara Falls Wastewater Treatment Plant, (scheduled to open in 2029/30) which will be located within the secondary plan area on the north side of Reixinger Road. Secondary Plan Work Performed to Date The Grassy Brook Secondary Plan is being developed as a three-phase project with the final product being the Secondary Pan and an accompanying Official Plan Amendment which will implement the secondary plan. The three phases of the secondary plan’s development include:  Phase 1: Project Commencement, Existing Conditions and Background Review  Phase 2: Vision, Goals, Key Guiding Principles and Land Use Options  Phase 3: Secondary Plan Development (includes preparation of draft and final documents) Through PBD 2023-28 dated May 30, 2023 Council approved the results of the first phase of the secondary plan being the Existing Conditions and Background Review, and directed staff to proceed to Phase 2 of the project. For the last year, the secondary plan has been in the second phase, being ‘Land Use Options’. To inform the preferred land use option, as presented in the attached Planning Justification Report, a number of background technical studies were undertaken in Phase 1 and 2 and include:  Subwatershed Study: undertaken through Phase 1 and Phase 2 with the existing conditions assessment and natural heritage feature mapping completed. Further detailed policy direction to be considered through Phase 3 secondary plan work. Page 3 of 67 Page 196 of 735  Cultural Heritage Assessment Report: completed in Phase 1.  Stage 1 Archaeological Assessment: desk top analysis and fieldwork was completed in late February and early March 2024. A total of 21 known locations of archaeological materials were identified within the study area, eleven of which were found to be of no further cultural heritage value. Six sites will require additional assessment.  Land Use Compatibility Analysis: began in 2023 with preliminary inputs included in the draft preferred land use plan. Detailed policies that will help address land use compatibility for addressing the location of residential to nearby existing and future industrial uses to be incorporated into the secondary plan as part of Phase 3.  Infrastructure Analysis and Development Phasing Plan: began with Phase 1 existing conditions and will result in the development of a phasing plan and policy guidance to be incorporated into the secondary plan as part of Phase 3.  Urban Design Review: preliminary opportunities identified in Phase 1 and urban design guidelines and policies to be incorporated into the secondary plan as part of Phase 3.  Fiscal Impact Analysis: assess the impact of the recommended land use plan on the City and the Region’s tax base and development charges policy to occur as part of Phase 3.  Land Use Planning Analysis: utilize key technical inputs from the associated concurrent technical studies to inform land use. This includes an Existing Conditions and Background Review Report (Phase 1), a Planning Justification Report (Phase 2) and a Secondary Plan (Phase 3). Public and Stakeholder Engagement to Date The preferred land use concept as presented in Appendix 1 has been informed and shaped by a wide array of community and stakeholder engagement opportunities that have occurred through both Phase 1 and 2, which include the following:  Technical Advisory Committee (TAC) Meetings: representatives from various City departments (Planning, Municipal Works, Economic Development), along with Niagara Region, Ministry of Transportation and NPCA staff meet to provide input and comments to the Consulting Team on the ongoing technical analysis and background studies. Two TAC meetings occurred in Phase 2 of the project. Page 4 of 67 Page 197 of 735  Community Focus Group Meetings: 11 representatives from the community (chosen by staff via a “Request for Expression of Interest”) at large meet to provide input and comment to the consulting team on the project findings prior to broader community circulation and consultation. To date there have been four Community Focus Group meetings in total with two meetings in Phase 1 and two meetings in Phase 2.  Landowner interviews: Three landowners who hold large parcels of land with development interests were invited to provide their input to the Consulting Team. Understanding developer interests and long term development aspirations of landowners is important. These interviews were conducted in the first phase of the project during the Summer of 2023.  Public Open Houses: community at large can obtain information about project progress and speak to the planning consultant team and city staff to provide feedback and input into the development of the secondary plan in each phase of the process. To date, two public open houses (1 in each phase) have been held to gather public feedback.  Online Engagement: the community can view project information and submit comments or ask questions through the City’s Let’s Talk Page on the City’s website. Comments submitted to the Let’s Talk Page have been forwarded to the Consulting team for analysis and will be presented to Council as part of the public record.  Council reports and presentations: status updates are presented to Council for information and decision making purposes, as appropriate in each stage of the plan’s development. Council was presented with the Existing Conditions and Background Review (PBD 2023-28) on May 30, 2023. Analysis Policy Context The current policy structure of the Provincial Plans and the Niagara Region are the policies under which the secondary plan is being undertaken. Provincial Policy: A Place to Grow Plan and Provincial Policy Statement (PPS) The Planning Act requires City planning decisions to be consistent with Provincial Plans. Municipalities are required to plan for both people and employment. The Province’s Growth Plan through Policy 2.2.5 b) directs that economic development and competitiveness be promoted by ‘ensuring the availability of sufficient land, in appropriate locations, for a variety of employment to accommodate forecasted employment growth to the horizon of this Plan.’ Page 5 of 67 Page 198 of 735 With respect to the PPS, Policy 1.3.1 states that Planning authorities shall promote economic development and competitiveness by: a) providing for an appropriate mix and range of employment, institutional, and broader mixed uses to meet long-term needs; b) providing opportunities for a diversified economic base, including maintaining a range and choice of suitable sites for employment uses which support a wide range of economic activities and ancillary uses, and take into account the needs of existing and future businesses; Municipalities are required to plan for both people and employment. The results of the City’s Employment Lands Strategy (i.e. new employment area) are being implemented by the secondary plan which fulfills Provincial direction contained in both the Provincial Growth Plan and the Provincial Policy Statement. Niagara Region Official Plan ‘Plan Official states Niagara the of 4.2.1.8 Policy Region Area Local that Municipalities shall map employment areas shown on Schedule G in local official plans’. Policy 4.2.1.9 states that ‘the Region and Local Area Municipalities shall plan for existing employment areas to achieve the minimum density targets to 2051 identified in Table 4-2.’ On Niagara Region’s Schedule B- Regional Structure, the Grassy Brook employment area is delineated and referenced in Table 4-2 as part of NF-5 Montrose Road Industrial Area with a job target of 20 jobs per hectare. It should be noted that Niagara Region approved OPA No. 147 (August 2023) which applied an employment area designation to certain lands north of Reixinger Road. OPA 147 is currently under appeal to the Ontario Land Tribunal (OLT), and further explained under ‘Next Steps”. Further, Policy 4.2.1.14 states ‘that employment areas near major goods movement facilities of as such goods, movement corridors with associated and the international border crossings, the Welland Canal, rail and marine facilities, and Provincial highways, shall be protected and planned for employment uses.’ The Grassy Brook employment area is located adjacent to and has access to the Queen Elizabeth Way, a 400 series highway which is a major goods movement corridor. The Grassy Brook employment area and the secondary plan that will implement it are in alignment with the policy direction of the Niagara Region Official Plan. Niagara Falls Official Plan OPA 147 approved by Niagara Region in August 2023, updated existing policies and introduced new policies and mapping to the City’s Official Plan to implement the recommendations including of the Employment Lands Strategy, the recommendation to establish a new employment area in Grassy Brook. OPA 147 Page 6 of 67 Page 199 of 735 was approved by Regional Council in August 2023 but is currently under appeal to the OLT. Preferred Land Use Concept The preferred land use concept attached as Appendix 1 has evolved from a number of factors. First, is the planning policy framework described above, where the City is required to plan for both people and jobs, as the City implements OPA 147 and the identified need for a new employment area. The second factor is the results of the technical the of results the date, primarily performed work study background to areas heritage natural of delineated study identified which subwatershed and significance (Provincially Significant Wetlands and their buffers) that could not be developed. The third factor is input received from stakeholder and public engagement held (including input received from the TAC, CFG, landowner interviews and the community at large) and discussed earlier in this report. This broad array of input helped inform and shape the preferred land use concept as shown in Appendix 1. At a high level, the preferred land use concept is anchored by the new employment area as identified in OPA 147 and the employment area is surrounded by significant natural heritage features that were identified in the subwatershed study. Lands east of Stanley Avenue are proposed for future residential use with both Commercial and Mixed Use designated lands fronting onto Stanley Avenue and acting as a transitional buffer from future and existing employment uses located to the the west and north. Additional residential and commercial opportunities are provided on lands south of Reixinger Road and north of Lyons Creek. Accordingly, the preferred land use concept contains a number of land use designations that are briefly outlined below but are described in greater detail in Appendix 2.  Dynamic Employment Area: Implementing the Dynamic Employment Area designation achieves conformity with Regional and Provincial policy direction. To protect this area for employment uses over the long term, appropriate land use compatibility buffers and policies will need to be put in place to support the development of the approved South Niagara Falls Wastewater Treatment Plant.  Residential (Built-Up Area): A portion of the GBSP is recognized as Built-Up Area and is set aside to accommodate a portion of the City’s 2051 forecasted residential growth with intensification at higher densities and in a more compact built form.  Residential (Greenfield Area): A portion of the GBSP is recognized as a Designated Greenfield Area and is to develop as a complete community but on a smaller scale. This area provides an opportunity to support the demand for housing and accommodate a portion of 2051 forecasted growth. Page 7 of 67 Page 200 of 735  Commercial: While providing retail opportunities to service future residential and employment uses, commercial lands also provide transitional buffers between future and existing employment uses and future and existing residential development to mitigate land use compatibility issues.  Mixed Use: Supports the creation of a transitional buffer between industrial and commercial uses and future residential uses. This designation will allow a mixture of commercial and residential uses as standalone buildings or mixed use buildings with commercial uses at grade and residential uses above  Open Space: Designation will conserve key features, including Baden-Powell Park located within the Welland River East Wetland Complex  Environmental Protection: Identified and confirmed through the subwatershed study, the Environment Protection Area preserves the natural heritage features of the area through protection and buffers. 2 Appendix use land recommended each of description detailed a provides designation, the planned function, permitted uses, height and densities all to help guide the development of the secondary plan policies in the Phase 3 of the project. Based on the input received from the TAC, CFG and the community at large, there has been broad support for the preferred land use concept as shown in Appendix 1. The future between balance strike to a concept use land preferred attempts employment and residential development opportunities while providing appropriate transitional land use designations to mitigate potential future land use conflicts. Further, in recognition of the existing natural heritage features contained in this area, a or Space Open as designated be either is land of amount significant to Environmental Protection to preclude the lands from development. The community at large has been supportive of the effort to preserve the existing natural heritage features such as Provincially Significant Wetlands, Significant Woodlands and other environmental background features that have been identified through the environmental work. Stakeholder and Public Consultation in Phase 2 Staff and representatives of the Consulting Team have had two meetings with the Technical Advisory Team (City, Regional, NPCA staff) and two meetings with the Community Focus Group within Phase 2 of the project. Since the beginning of the secondary plan process, residents have had the opportunity to utilize the City’s Let’s Talk page to access information about the project and to submit comments that are then analyzed and evaluated to determine how they may or may not be incorporated into the secondary plan. Page 8 of 67 Page 201 of 735 In addition to the above, a Public Open House was publicized (Newspaper Notice and through Social Media) and held on April 11, 2024. The purpose of the Open House was to provide project updates, present the draft vision and principles, and present and gather feedback on the draft land use concept. Approximately 55 residents attended the event and were given the opportunity to ask questions of the Consultants and Planning Staff. Participants at the Open House noted the following comments about the Preferred Land Use Concept:  Plan for higher density housing to lessen the impact of development on the natural areas.  Plan for active transportation and public transit.  Enhance the natural areas and link natural areas to the urban design and built form.  Encourage connections to the Welland River  Plan for climate change impacts to the area such as flooding and extreme heat and rain.  Protect biodiversity.  Ensure that there is adequate infrastructure to support the new development. As a result of feedback obtained from the Open House, some minor modifications were made to the draft land use concept. Additional Public Open Houses will be held in Phase 3 of the project. Next Steps Phase 3 of the Secondary Plan process will involve the development of detailed land use policies for the GBSP which will be shaped by further input from residents and stakeholders. Staff note that, and as mentioned earlier in this report, that OPA 147 is under appeal to the Ontario Land Tribunal and as a result the King Waldorf lands that front on to Stanley Avenue are indicated as “Under Appeal and final land use to be determined by the OLT” Staff recommend proceeding to Phase 3 of the Secondary Plan and the plan’s land use schedule will be amended once the OLT’s decision is known on this matter. Financial Implications/Budget Impact There is no direct financial implication arising from this report. The Grassy Brook Secondary Plan has an approved budget allotment of $725,000 and the Niagara Region has committed $200,000 towards this amount. Strategic Plan Pillars Economic Diversification & Growth Page 9 of 67 Page 202 of 735 Fostering a balanced and sustainable local economy achieved by expanding and diversifying the types of industries and businesses operating within the community. List of Attachments Appendix 1 - Preferred Land Use Concept Appendix 2 Land Use Summary Appendix 3 Planning Justification Report Written by: Brian Dick, Manager of Policy Planning Submitted by: Status: Signe Hansen, Director of Planning Approved - 07 Aug 2024 Kira Dolch, General Manager, Planning, Building & Development Approved - 07 Aug 2024 Jason Burgess, CAO Approved - 07 Aug 2024 Page 10 of 67 Page 203 of 735 (Î W ellandRiverLyonsCreekSodom RoadL o g a n R oa dStanley AvenueR e ix i n g e r R o a d South Niagara Wastewater Treatment Plant Montrose RoadStanleyAvenueL y o n s C re e k R o a d McCredie RoadLyon'sParkwayFrontStr eetP r o g r e s s S t r e e t R e ix in g e r R o a d MannStreet EmeraldAvenueKister RoadThomas Street Ort RoadB ig gar R o ad D o n M u r i e S t r e e t W i l l i c k R o a d Willodell RoadDell RoadBeck RoadWe a v e r R o a dDorchesterRoadOakwoodDriveChippawaParkway File Location: K:\2022\225001\Product\Client\20240604 Updates\Land Use Concept.mxd GRASSY BROOK SECONDARY PLAN 0 500 1,0 00250 m APPENDIX 1: PREFERRED LAND USE CONCEPT Base Mapping Provincial Highways Regional Roads Local Roads Railways Study Area Land Use Concepts Residential (Built-up Area) Residential (D esignated GreenfieldArea) Commercial or Mixed Use (Subjectto Compatibility Studies) Commercial (Subject to Co mpatibilityStudies) Dynamic Employment Area Open Space Non-Develo pable Area (ExistingCemetery) NORTH[ Map Prepared by: PFM/DUDillon Consulting LimitedMap Checked by: KMDillon Consulting LimitedAugust 02, 2024 Land Use Compatibility Significant Land Use CompatibilityConstraints/ Sensitive Uses notPermitted Potential CompatibilityIssues/Constraints Wastewater Treatment Plant Environmental limits subject to refinementwhile subwatershed study is underway Nodes & Corridors Potential Gateway Potential Node/Corridor Natural Heritage Features Environmental Protection Environmental Features and BuffersSubject to Study * Lands Under Appeal Final Land Use Determined by the OLT Development Applications King Waldorf Property *Page 11 of 67Page 204 of 735 Appendix 2: Grassy Brook Secondary Plan’s Proposed Land Uses Land Use Location Planned Function Permitted Uses Height/Density Range Justification Summary Residential Built-Up Area Area to the north of Lyons Creek Road and east of Stanley Avenue. To accommodate anticipated population growth and the need for various housing types and densities throughout the planning horizon of the secondary plan and the City’s Official Plan. A limited range of single and semi detached dwellings but a full range of townhouse, mid rise apartments and live/work lofts. Heights will range between 2 and 6 storeys to promote broader housing choices and affordability. A minimum residential density of 50 units per net hectare will need to achieved on average to achieve the anticipated growth. Lands in the Built-Up area are set aside to accommodate a portion of the City’s 2051 forecasted growth as intensification at higher densities and in a more compact built form. As the area is surrounded by environmental features and buffers to the north and south, development will be subject to the appropriate studies and setbacks. Residential Greenfield Area Areas to the north and south of Lyons Creek Road. To accommodate anticipated population growth in a low to medium density built form. Permitted uses include single and semi detached dwellings, standard townhouse and live/work lofts. Live-work style development will be permitted in the proposed residential area on the north and south sides of Lyon’s Creek Road to allow for home-based businesses. Heights will be up to 3.5 storeys to balance environmental protection with new development and maintain compatibility with existing development. Development must achieve a minim density of 53 residents and jobs per hectare. A portion of the GBSP is recognized as a Designated Greenfield Area and is to develop as a complete community at a smaller scale. Nonetheless, this area provides an opportunity to support the demand for housing. Compatibility issues and constraints have been identified due to the area being located along a Regional road and with close proximity to the future Wastewater Treatment plant and proposed industrial uses which will require land use compatibility studies to be completed prior to residential development occurring. Commercial Areas to the north Commercial lands are planned to Permitted uses will include a Heights in the Commercial Commercial lands provide Page 12 of 67Page 205 of 735 Land Use Location Planned Function Permitted Uses Height/Density Range Justification Summary of Lyons Creek Road, to the south of Reixinger Road and to the east of Stanley Avenue. Also at the interchange to support the travelling public. accommodate commercial and retail uses to service future residential and employment uses within the secondary plan area. Also, the lands identified as commercial uses are also intended to provide a transition between employment uses, the future wastewater treatment plant and Grassy Brook’s residential areas. range of personal and professional uses; such as, but not limited to small scale retail, doctor’s offices, personal services, gyms, restaurants, gas stations, auto repair facilities as well as uses that may support the Dynamic Employment area. area will be up to 2 storeys to promote compatibility with the potential residential uses along Lyons Creek Road. Development in the Commercial designation will support the achievement of the overall density target of 53 persons and jobs per hectare. transitional buffers between future and existing employment use and future residential development where technical analysis has identified land use compatibility issues. Mixed Use Area to the immediate east of Stanley Avenue has been identified as Mixed Use. To support the creation of a transitional buffer between industrial and commercial uses and future residential uses. This designation will allow a mixture commercial and residential uses as standalone buildings or mixed use building with commercial uses at grade and residential uses above where land use compatibility with adjacent employment uses can be achieved. May include mid-rise apartments, live/work, mixed use buildings, small scale retail, doctors’ offices, personal services, gyms and restaurants. Heights in the Mixed Use area will range from 2 to 6 storeys. New development in this area will be at densities that support the City in meeting its intensification target of 50%. The Mixed Use area is nestled between the Commercial area to the west and the Residential (Built-up Area) to the east providing a transition between the two areas. Dynamic Employment Area to the north of Reixinger Road and to the west of Stanley Avenue Employment is clusters of traditional and lighter industrial uses with a broad mix of employment uses including offices and institutional uses. The planned function is to Permitted uses include: office parks, professional services, institutional uses, research and development, light manufacturing and processing and warehouse uses. Heights will be up to 2 storeys with a density of at least 20 jobs per hectare. To achieve conformity with Regional and Provincial policy direction includes implementing the Regionally Designated Dynamic employment area. Also to protect this area for employment uses over Page 13 of 67Page 206 of 735 Land Use Location Planned Function Permitted Uses Height/Density Range Justification Summary accommodate a mix of complementary employment uses that do not limit the ability of other employment uses to grow and expand. ( the long term, while ensuring appropriate land use compatibility buffers and policies are put in place to support the development of the approved South Niagara Falls Wastewater Treatment Plant. Open Space Area in the northwest corner (Baden Powell Park) and To conserve key features, specifically Baden-Powell Park within the Welland River East Wetland Complex which includes an existing trail network. Permitted uses include small scale, passive recreational uses and accessory uses (e.g. trails, boardwalks, foot bridges) on these lands if they do not interfere with the natural heritage features or their functions. Not Applicable The land use concept is based on a review of existing natural heritage features specifically the Baden- Powell Park within the Welland River East wetland complex. Environmental Protection Approximately 45% of the secondary plan area is identified as Environmental Protection. The planned function of the Environment Protection Area is to preserve the natural heritage features of the area through protection and buffers. Development in areas identified as Environmental Protection is prohibited. Development in areas identified as Environmental Protection is prohibited. The land use concept is based on a review of existing natural heritage features including Significant Woodlands, Provincially Significant Wetlands and other environmental features identified through the environment studies reviewed by the Region and the NPCA.Page 14 of 67Page 207 of 735 City of Niagara Falls Grassy Brook Secondary Plan Planning Justification Report August 7, 2024 Page 15 of 67 Page 208 of 735 This page is left intentionally blank Page 16 of 67 Page 209 of 735 Table of Contents City of Niagara Falls Grassy Brook Secondary Plan | Planning Justification Report 1 Table of Contents 1.0 Introduction ......................................................................................................... 3 1.1 Background ........................................................................................................ 3 1.2 Study Purpose and Process ............................................................................... 5 1.2.1 What is a Secondary Plan? ......................................................................... 5 1.2.2 Secondary Plan Process ............................................................................. 5 1.3 Report Purpose and Organization ...................................................................... 7 2.0 Phase 1 and 2 Technical Analysis and Engagement Results ......................... 9 2.1 Project Phases and Purpose .............................................................................. 9 2.2 Summary of Technical Analysis ....................................................................... 10 2.2.1 Provincial and Regional Policy Context ..................................................... 10 2.2.2 Existing Conditions- Phase 1 Technical Findings and Reports .................. 13 2.2.3 Opportunities and Constraints ................................................................... 16 2.3 Summary of Engagement and Consultation Activities and Outcomes ............. 17 2.3.1 Technical Advisory Committee .................................................................. 17 2.3.2 Community Focus Group ........................................................................... 18 2.4 Online Engagement ......................................................................................... 20 2.5 Phase 1 Public Engagement ............................................................................ 20 2.5.1 Public Open House .................................................................................... 20 2.5.2 Stakeholder Interviews .............................................................................. 23 2.6 Phase 2 Public Engagement ............................................................................ 26 2.6.1 Public Open House ................................................................................... 26 3.0 Land Use Concept ............................................................................................. 30 3.1 Recommended Land Use Plan and Community Structure ............................... 33 3.1.1 Residential (Built-up Area) ........................................................................ 33 3.1.2 Residential (Designated Greenfield) ......................................................... 34 3.1.3 Commercial .............................................................................................. 35 3.1.4 Mixed-Use ................................................................................................. 36 3.1.5 Dynamic Employment ................................................................................ 37 3.1.6 Open Space ............................................................................................... 38 Page 17 of 67 Page 210 of 735 Table of Contents City of Niagara Falls Grassy Brook Secondary Plan | Planning Justification Report 2 3.1.7 Environmental Protection ........................................................................... 39 3.2 Recommended Transportation and Active Transportation Network ................. 39 3.3 Growth Estimates ............................................................................................. 42 4.0 Policy Directions ............................................................................................... 44 4.1 Vision and Principles ........................................................................................ 44 4.2 Urban Design ................................................................................................... 46 4.3 Streets, Transportation and Mobility ................................................................. 48 4.4 Natural Environment ........................................................................................ 48 4.5 Infrastructure and Phasing ............................................................................... 48 4.6 Land Use Compatibility .................................................................................... 48 5.0 Recommendations and Next Steps.................................................................. 49 Figures Figure 1.1: Study Area .................................................................................................... 4 Figure 1.2: Grassy Brook Secondary Plan Project Process ............................................ 8 Figure 2.1: NOP Schedule B ......................................................................................... 12 Figure 2.2: NOP Schedule G ......................................................................................... 12 Figure 2.3: Niagara Falls OP Urban Structure Elements ............................................... 13 Figure 2.4: Approximate Locations of Landholdings of Interviewees ............................ 24 Figure 3.1: Recommended Land Use Plan ................................................................... 32 Figure 3.2: Recommended Transportation Plan ............................................................ 41 Tables Table 3.1: Grassy Brook Build-Out Growth Estimates................................................... 42 Appendices Appendix A: Public Information Centre # 1 Materials Appendix B: Public Information Centre # 2 Materials Page 18 of 67 Page 211 of 735 Introduction City of Niagara Falls Grassy Brook Secondary Plan | Planning Justification Report 3 1.0 Introduction 1.1 Background The City of Niagara Falls is one of 12 lower-tier municipalities forming part of the Regional Municipality of Niagara. Located along the Niagara River at the south-eastern edge of the Greater Golden Horseshoe and home to one of the great wonders of the world, the Niagara Falls is an international gateway and is recognized as a global tourist destination. The City is also a great place to call home, with over 94,415 people living in in the Falls, based on the 2021 Census of Population recently released by Statistics Canada. The City’s strong economic and geographic advantages have enabled Niagara Falls to achieve steady growth over the last 20 years. In an effort to plan for the City’s continued future growth, both the Region and Niagara Falls have completed a number of foundation studies to inform growth to the 2051 planning horizon and beyond. At the Regional level, this included the Municipal Comprehensive Review (MCR) and New Page 19 of 67 Page 212 of 735 Introduction City of Niagara Falls Grassy Brook Secondary Plan | Planning Justification Report 4 Niagara Region Official Plan; and, at the local level this included the preparation of an Employment Lands Strategy and a Housing Strategy. These foundation studies have pointed to the need for the City to accommodate a significant amount of additional population and employment growth over the next 30 years and beyond. South Niagara Falls is expected to see significant new growth in the years to come. New facilities, such as the South Niagara Falls Hospital and a wastewater treatment plant will contribute to the growth of South Niagara Falls. Proactive planning for the appropriate range and mix of land uses in identified growth areas, such as undeveloped Designated Greenfield Areas and Strategic Growth Areas, achieved through detailed secondary planning processes, is a key priority for the City. This detailed planning allows the City to be best-positioned to respond to the changing needs of the community and ensure residents have a balance of opportunities to live, work and play in Niagara Falls. As a Designated Greenfield Area, the Grassy Brook Secondary Plan (GBSP) area is one of City and Region’s identified growth areas. The Grassy Brook Area is located east of the Queen Elizabeth Way (QEW) and is bordered by the Welland River to the north and Lyon’s Creek to the south. It comprises approximately 495 hectares (ha) of land and represents one of the City’s last pieces of unplanned, unserviced urban designated areas anticipated to accommodate future growth (Figure 1.1). A secondary plan will allow for the proactive and effective management of the new growth anticipated for Grassy Brook while considering unique and localized factors to provide a level of certainty for the type of change that is expected over the long-term. Figure 1.1: Study Area Page 20 of 67 Page 213 of 735 Introduction City of Niagara Falls Grassy Brook Secondary Plan | Planning Justification Report 5 The City has retained the consulting team of Dillon Consulting Limited (Dillon), AquaforBeech, Archaeological Research Associates Ltd., and Watson and Associates Economists Limited (Watson) to conduct a comprehensive study of the area as part of the secondary planning process for Grassy Brook. 1.2 Study Purpose and Process 1.2.1 What is a Secondary Plan? Secondary Plans are more detailed plans for a specific area within a community that are adopted into Official Plans and have status under the Planning Act. They typically expand upon more general policies contained within an Official Plan and identify an overall vision for how growth is to be planned for and provide guidance for land use permissions, densities, environmental protection, transportation and municipal infrastructure and urban design guidelines. Secondary plans are driven by an iterative process and that builds upon technical analysis and community consultation to allow for the proactive and effective management of new growth. 1.2.2 Secondary Plan Process This project will consider the local context, environmental conditions, infrastructure investment, land use compatibility, urban design, cultural heritage, and other elements to provide a proactive policy framework and direction for employment and residential development in the area. The goal for this project is to work with City staff, Regional staff, the Niagara Peninsula Conservation Authority (NPCA), Council, residents and stakeholders as part of an iterative and transparent land use planning process to create a vision and associated policies to guide future development of Grassy Brook. The GBSP process has been designed to answer a number of key questions, over a three-phase project process (Figure 1.2), with the final output being a Secondary Plan and accompanying implementing Official Plan Amendment (OPA). The GBSP technical work includes the following: • Subwatershed Study (SWS), which occurs throughout Phase 1 and Phase 2, with the existing conditions assessment and feature mapping completed as of the writing of this report and further detailed policy directions for environmental protection and management to be incorporated into the Secondary Plan as part of Phase 3; • Cultural Heritage Assessment Report (CHAR), which occurred in Phase 1; • Stage 1 Archaeological Assessment, with fieldwork having been completed in late February and early March of 2024 and reporting underway; • Land Use Compatibility Analysis, which has begun with preliminary inputs included in the land use concept recommended in this report and further detailed Page 21 of 67 Page 214 of 735 Introduction City of Niagara Falls Grassy Brook Secondary Plan | Planning Justification Report 6 policy guidance for addressing compatibility to be incorporated into the Secondary Plan as part of Phase 3; • Transportation Impact Assessment (TIA), which has begun with existing conditions documented as of the writing of this report, and future conditions modelling and TIA to be completed on the recommended land use plan and policy guidance to be incorporated into the Secondary Plan as part of Phase 3; • Infrastructure analysis and development phasing plan, which has begun with existing conditions documented as of the writing of this report; and, the development phasing plan and policy guidance to be incorporated into the Secondary Plan as part of Phase 3; • Urban design review, with preliminary opportunities identified in Phase 1, and urban design guidelines and policies to be incorporated into the Secondary Plan as part of Phase 3; • Fiscal Impact Analysis (FIA), which will assess the impacts of the recommended land use plan on the City and Region’s tax base and development charges policy and occur as part of Phase 3; and, • Land use planning analysis, which utilizes key technical inputs from the associated concurrent technical studies. This includes an Existing Conditions and Background Review Report (Phase 1), a Planning Justification Report (this report, Phase 2), and a Secondary Plan (Phase 3). The GBSP Engagement and Consultation Program includes: • Technical Advisory Committee (TAC) Meetings, where representatives from various City, Region and Ministry departments, along with the NPCA meet to provide input and comment to the consulting team on the technical analysis; • Community Focus Group (CFG) Meetings, where representatives from the community at large meet to provide input and comment to the consulting team on the project findings prior to broader community circulation; • Landowner Interviews, where several large landowners with development interests were invited to provide input to the consulting team to understand how the Secondary Plan can balance private landowner and development interests with technical findings and recommendations of the supporting studies and planning principles, policies and regulations that cannot change and must be taken as givens (for example, designated employment areas, and land use compatibility); • Public Open Houses, where the community at large is able to obtain information about project progress and speak to the planning consultant team and city staff to provide feedback and input into the development of the Secondary Plan in each phase of the process, at in-person events; and, • Council Presentations, where information is presented to Council for information purposes and decision making purposes, as appropriate, in each phase of the process. Page 22 of 67 Page 215 of 735 Introduction City of Niagara Falls Grassy Brook Secondary Plan | Planning Justification Report 7 1.3 Report Purpose and Organization The purpose of this report is to summarize the Phase 2 findings, present the recommended land use plan and associated justification for the proposed designations, and identify key policy directions to inform the development of the Secondary Plan which will occur in Phase 3. This report has been prepared under the following sections: • Section 1: Introduction and Background • Section 2: Phase 1 and 2 Technical Analysis and Engagement Results • Section 3: Recommended Land Use Concept • Section 4: Policy Directions • Section 5: Recommendations and Next Steps Page 23 of 67 Page 216 of 735 Introduction City of Niagara Falls Grassy Brook Secondary Plan | Planning Justification Report 8 Figure 1.2: Grassy Brook Secondary Plan Project Process Page 24 of 67Page 217 of 735 Phase 1 and 2 Technical Analysis and Engagement Results City of Niagara Falls Grassy Brook Secondary Plan | Planning Justification Report 9 2.0 Phase 1 and 2 Technical Analysis and Engagement Results 2.1 Project Phases and Purpose As described in Section 1.2.2 the GBSP Project is divided into three Phases. This report marks the conclusion of Phase 2. The following subsections provide an overview of the technical analysis and community input received to -date that have informed the development of the recommended land use plan presented in Section 3. Page 25 of 67 Page 218 of 735 Phase 1 and 2 Technical Analysis and Engagement Results City of Niagara Falls Grassy Brook Secondary Plan | Planning Justification Report 10 2.2 Summary of Technical Analysis As part of Phase 1, as noted previously, an Existing Conditions and Background Review Report was completed with inputs from the various consulting team disciplines, with the purpose of documenting the legislative and policy context, and existing environmental, transportation, servicing and cultural heritage conditions in order to identify preliminary opportunities and constraints for the Secondary Plan. A brief summary of key findings contained within that report are provided below1. 2.2.1 Provincial and Regional Policy Context Provincial Policy Statement (PPS,2020) The PPS, 2020 provides a vision and general framework for land use planning matters and development across Ontario. All decisions affecting planning matters are required to be consistent with the PPS. The PPS acts as a guide for key land use issues that affect communities, including ensuring that municipalities designate land to meet future residential and employment forecasts, provide a range and mix of housing types, promote economic development. Growth Plan for the Greater Golden Horseshoe, 2019 (as amended in 2020) (Growth Plan) The Growth Plan provides a framework for creating “stronger, prosperous communities” in Ontario. It stipulates how the Greater Golden Horseshoe will grow and outlines the vision up to the 2051 Planning Horizon. The GBSP will need to be prepared in conformity with the Growth Plan. The following summarizes the key policy directives that must be met for Growth Plan conformity: • Employment Areas: a portion of the GBSP Area falls within a Regionally designated employment area. These areas are to be protected for employment uses over the long-term and achieve specific density targets (20 jobs per hectare in this case); • Designated Greenfield Areas: a portion of the GBSP Area falls within a Designated Greenfield area under the Growth Plan, which is required to accommodate new residential and population-related employment at densities of not less than 50 persons and jobs per hectare; • Delineated Built-up Area: a portion of the DBSP Area falls within a Delineated Built-up Area under the Growth Plan, which is required to accommodate a portion of the City’s 2051 forecast growth through intensification at higher densities and in a more compact built form; and, 1 The Existing Conditions and Background Review Report Further detail on the policy context, technical findings, opportunities and constraints Page 26 of 67 Page 219 of 735 Phase 1 and 2 Technical Analysis and Engagement Results City of Niagara Falls Grassy Brook Secondary Plan | Planning Justification Report 11 • To support the achievement of these targets, municipalities are expected to prohibit land uses and bult forms that would adversely affect the achievement of the minimum targets. Niagara Official Plan (NOP) The NOP provides a long-term land use planning framework to shape and define the Region for future generations, setting out the growth strategy to the 2051 planning horizon. It allocates population and employment growth to lower-tier municipalities to ensure balanced growth to 2051, where the City of Niagara Falls is forecast to reach 141,650 persons and 58,110 jobs. The NOP also identifies specific areas of regional interest, including Employment Areas, that are required to achieve assigned density targets. Schedule B and G of the NOP (Figure 2.1 and Figure 2.2) sets out the Regional Structure, and within this context, portions of the GBSP are designated as follows: • Designated Greenfield Area bound by the Welland River and Lyons Creek between the Queen Elizabeth Way and Stanley Avenue, excluding the property located at Lyons Creek and Stanley Avenue (currently King Waldorf Campground); • Built up Area bound by the Welland River and Lyons Creek, including the property located at Lyons Creek (Currently King Waldorf Campground) and all lands on the east side of Stanley Avenue; and, • Employment Area bound by the Welland River and Lyons creek between the Queen Elizabeth Way and Stanley Avenue. A number of targets and policies apply to these structure elements. The Grassy Brook Secondary Plan will need to incorporate a framework that ensures these targets can be achieved. This includes a minimum of 20 jobs per hectare within the Dynamic Employment Area, a minimum of 50 residents and jobs per hectare within the Designated Greenfield Area, and higher density development to support intensification objectives within the Built-up Area. Finally, the NOP requires local municipalities to prepare Secondary Plans for all Designated Greenfield Areas with policies and schedules that ensure a diversity and mix of uses, a mix of built form, high quality urban design and public realm, provision of parks and open space, appropriate refinement and interpretation of the Region’s natural environment system, adequate provision of infrastructure, including transit and active transportation, and co-location of public service facilities, where appropriate. Page 27 of 67 Page 220 of 735 Phase 1 and 2 Technical Analysis and Engagement Results City of Niagara Falls Grassy Brook Secondary Plan | Planning Justification Report 12 Figure 2.1: NOP Schedule B Figure 2.2: NOP Schedule G Page 28 of 67 Page 221 of 735 Phase 1 and 2 Technical Analysis and Engagement Results City of Niagara Falls Grassy Brook Secondary Plan | Planning Justification Report 13 City of Niagara Falls Official Plan (Niagara Falls OP) The Niagara Falls OP establishes the urban structure and land use planning framework for the City to achieve local growth objectives while implementing Provincial and Regional directives. Schedule A2 of the City of Niagara Official Plan outlines the urban structure throughout the city. Components of the Urban Structure in the Official Plan include Corridors, Greenfield Areas, Urban Areas and the QEW Employment Corridor. The study area includes three different urban structure elements: the QEW Employment Corridor, Greenfield Area, and Urban (Built-up) Area (Figure 2.3). Within this context, the GBSP Area is envisioned to develop over the fullness of time to accommodate a portion of the forecasted employment growth, at a target of 20 jobs per hectare within the employment area, and at a target of no less than 53 people and jobs per hectare within the Designated Greenfield Area. On lands within the Built-up Area, intensification is required and is to be designed to integrate into the surrounding neighborhood and provide a range and mix of housing types, tenures and affordability levels. Figure 2.3: Niagara Falls OP Urban Structure Elements 2.2.2 Existing Conditions- Phase 1 Technical Findings and Reports Transportation (summarized in the Existing Conditions and Background Review Report, with companion Phase 1 Report) The existing road network consists of two Regional Arterial Roads, providing connections to the broader Niagara Falls area, and two Collector Roads which provide Page 29 of 67 Page 222 of 735 Phase 1 and 2 Technical Analysis and Engagement Results City of Niagara Falls Grassy Brook Secondary Plan | Planning Justification Report 14 connections to the arterial road network and local access to existing uses. No major multi-use trails or active transportation facilities exist in the area. There are a number of local and Regional transit routes that operate adjacent to the GBSP area, but there are no specific stops presently within the Study Area. Future growth within the broader South Niagara Falls area, and the GBSP area specifically, will allow for expansion of the existing transportation and active transportation networks. Existing conditions studies of identified intersections indicate all movements in the Study Area are experiencing a Level of Service (LOS) of C or better, which indicates that capacity and LOS are not presently a concern for this area. Future phases of transportation work will need to model the impacts of future development within the GBSP and provide recommendations to mitigate any potential issues or impacts identified. Urban Design (included within the Existing Conditions and Background Review Report) In line with the findings of the transportation existing conditions assessment, p reliminary urban design review identified the lack of trail connections and extent of environmental features as obstacles to addressing pedestrian connections and linkages throughout the GBSP area. From an urban design perspective, early findings recommend that urban design policies and guidelines be developed to encourage built form elements to respond to natural and geographic features in the study area; and address compatibility and transition in use. Cultural Heritage (summarized in the Existing Conditions and Background Review Report, with companion CHAR) The CHAR identified four potential Built Heritage Resources (BHRs) and five potential Cultural Heritage Landscapes (CHLs) that should be considered and offered a series of recommendations for mitigation through the development of the Secondary Plan, including (but not limited to) the following: • Requiring Heritage Impact Assessments and Cultural Heritage Evaluation Reports as part of future development applications, particularly on lands where BHRs, CHLs have been identified; • Develop design guidelines that consider the relationship between heritage resources and new development to ensure compatibility is provided; • Consider how viewsheds may be considered as part of design guidelines for new development; • Explore integration of the area’s history through the installation of plaques, public art, street furniture, etc.; and, • Ensuring regulations and legislation for any redevelopment of the Dell Cemetery are applied. Page 30 of 67 Page 223 of 735 Phase 1 and 2 Technical Analysis and Engagement Results City of Niagara Falls Grassy Brook Secondary Plan | Planning Justification Report 15 Archaeology (summarized in the Existing Conditions and Background Report) Preliminary analysis indicates that there is potential for archaeological resources. Local indicators of archaeological potential include proximity to known archaeological sites, water sources, historic settlements, and historic transportation routes. Fieldwork to identify any areas of archaeological potential was completed in early 2024, and the Draft Stage 1 Archaeological Assessment report is nearing completion. Natural Environment (summarized in the Existing Conditions and Background Review Report, with companion Phase 1 Subwatershed Study Report) A Subwatershed Study is a broad-scale technical study that evaluates existing conditions and constraints in order to inform future land use plans. It includes review of hydrogeology, surface water and natural heritage. The Phase 1 Subwatershed Study Report investigates and inventories the natural resources which could potentially be impacted by future urban development; identifies preliminary constraints and opportunities to be considered as the Secondary Plan is prepared; and, is used to inform the development of a subwatershed management plan. The Phase 1 Report includes mapped constraints, identifying Environmental Protection Areas and Natural Hazards (non-developable lands), Environmental Conservation Areas as defined under the City’s Official Plan and preliminary buffer recommendations, Potentially Developable Lands that would require additional site-level studies for species at risk habitat and associated ministry permits prior to any approvals being obtained; and, Potentially Developable lands. These mapped constraints were used to inform the development of the GBSP Land Use Plan, and specifically to apply the Environmental Protection designation as well as an overlay to signal where additional site-level studies are required. More detailed policies will be included in the GBSP in Phase 3 of the project, based on recommendations arising out of the next phase of the Subwatershed Study work program. Land Use Compatibility Land use planning exercises must have consideration for potential adverse effects from odour, noise, and other contaminants in order to minimize risk to public health and safety, and to ensure the long-term operational and economic viability of major facilities. The surrounding land use context includes two local industrial parks outside of the GBSP area. Within the GBSP Study Area, lands located north of Rexinger Road are a designated Regional Employment Area which are to be protected for long-term employment uses. This area also includes a planned major facility (Wastewater Treatment Plant) which is required to be built in order to accommodate the significant growth forecast for Niagara Falls and surrounding systems, as there are capacity issues in the current system. Page 31 of 67 Page 224 of 735 Phase 1 and 2 Technical Analysis and Engagement Results City of Niagara Falls Grassy Brook Secondary Plan | Planning Justification Report 16 Based on Provincial Guidelines, preliminary areas of significant and potential land use compatibility issues associated with the future Wastewater Treatment Plan and existing surrounding industrial uses have been identified. These signal where residential uses, or other sensitive land uses, cannot be permitted; and, where they may be permitted where more additional site-level studies demonstrate that land use compatibility issues can be mitigated. These mapped constraints were used to inform the development of the GBSP Land Use Plan. More detailed policies will be included in the GBSP in Phase 3 of the project, based on recommendations arising out of the next phase of the Land Use Compatibility assessment work program. Infrastructure (included within the Existing Conditions and Background Review Report) At present, there is no wastewater servicing and there is only partial water servicing in the GBSP area. As noted previously, the New South Niagara Falls Wastewater Treatment Plant will be constructed within the GBSP area, which will have capacity to accommodate flows from project growth up to 2041 and allow for future expansion to accommodate post-2041 growth. More detailed infrastructure analysis and a Phasing Strategy will be prepared in Phase 3 of the GBSP Project, to ensure that projected future growth in the area occurs in an orderly fashion and in alignment with servicing capacity. 2.2.3 Opportunities and Constraints There are several fixed factors which are not expected to change and accordingly the following items are considered to be foundation assumptions which underpin the technical analysis and the Secondary Plan, including: • The delineated boundary of the Dynamic Employment Area as set out in the Provincially Approved new Region of Niagara Official Plan; • Employment density targets established by the Region for the Dynamic Employment Area; • Greenfield density targets within portions of the Secondary Plan area that are identified as Greenfield Areas in the local and Regional Official Plans; • Intensification targets within portions of the Secondary Plan area that are identified as Built Up Areas in the local and Regional Official Plans; • The location of the South Niagara Falls Wastewater Treatment Plants; and, • The location and buffers associated with any delineated provincially significant wetlands. Preliminary opportunities to accommodate growth, as identified in the Existing Conditions Report include the following: • Lands located along the Welland River should be subject to heritage and design guidelines to provide opportunities for enhanced pedestrian connectivity and active transportation, and to ensure development compatibility; Page 32 of 67 Page 225 of 735 Phase 1 and 2 Technical Analysis and Engagement Results City of Niagara Falls Grassy Brook Secondary Plan | Planning Justification Report 17 • A recreational node and enhancements to existing public recreation accesses should be identified, in collaboration with the community through the public process; • Policies and guidelines should be included to for the development design of new industrial and residential uses and to protect sight lines; • Gateways should be introduced at key entrance areas to Grassy Brook, including near the Boating Club and at the highway access; • Existing local and Regional transit should be expanded over time in alignment with future growth projections; • A new collector road network should be identified, that considers the limitations of the current network as it relates to Ministry of Transportation (MTO) requirements; • The existing village residential area south of Rexinger Road should be planned to provide opportunities for moderate intensification in the future to meet growth projections and targets; and, • A multi-use trail along the Welland River and Lyon’s Creek shorelines should be considered. Preliminary constraints, as identified in the Existing Conditions Report include the following: • Natural heritage features and their buffers will need to be identified, and could limit developable areas; • Current unsignalized intersections may require upgrades and signalization; • Additional consultation with the MTO may be required as it relates to potential road networks in proximity to interchanges or within MTO Permit areas; and, • A servicing strategy and phasing plan will need to be identified. 2.3 Summary of Engagement and Consultation Activities and Outcomes 2.3.1 Technical Advisory Committee As noted previously, The GBSP TAC was assembled at the outset of the project to provide input on key areas of technical work completed by the consulting team as it relates to specific areas of expertise and interest. The TAC consists of representatives from the City of Niagara Falls, Niagara Region and the NPCA, with the following departments/ areas of technical expertise represented: • City Planning; • Regional Planning; • City Transportation; • Regional Transportation; Page 33 of 67 Page 226 of 735 Phase 1 and 2 Technical Analysis and Engagement Results City of Niagara Falls Grassy Brook Secondary Plan | Planning Justification Report 18 • City Engineering; • Regional Engineering; and, • NPCA, Environmental Planning and Policy. Additional technical experts, including representatives from the MTO, have been invited to attend key TAC meetings as well to provide input as it relates to transportation impacts and issues adjacent to MTO operated roads. As of the writing of this report, three meetings with the TAC have occurred: • The first TAC meeting was held in the winter of 2023 and presented the preliminary findings from the Existing Conditions review and obtain formal comments on the Existing Conditions report, which was provided for their written comment following the meeting. Comments were provided by all TAC members and incorporated into the Existing Conditions Report prior to public release. • The Second TAC Meeting was held in the summer of 2023 and focused on discussing the vision and principles for the Secondary Plan and identifying preliminary conceptual land use options. • The third TAC meeting was held in the Winter of 2024, and focused on obtaining more detailed feedback on the land use options for Grassy Brook, with comments incorporated into a revised land use option for public consultation purposes. Two more TAC meetings will occur in Phase 3 of the project, where the primary focus will be to obtain technical input on the Secondary Plan policies and mapping. 2.3.2 Community Focus Group As noted previously the GBSP CFG was assembled at the outset of the project. The primary role of the CFG is to support the generation of a vision statement, goals, objectives and priorities for the GBSP and provide local insights and perspectives to compliment the technical input provided to the consulting team by the TAC. Additionally, the CFG acts as ambassadors at the various public engagement sessions offered throughout the project. A public expression of interest notice was issued soliciting members of the CFG on February 17, 2023. The notice requested that those wishing to be part of the CFG submit applications by March 3, 3034. 33 applications were received for City staff to review and select members. Following review of applications, City staff selected eleven (11) members to form the CFG which were confirmed on March 29, 2023. The names of the CFG Members are provided below for reference: • Gianluca Agostoinelli2; • Sean Burrows; 2 Note: this CFG member resigned from the group in 2024. Page 34 of 67 Page 227 of 735 Phase 1 and 2 Technical Analysis and Engagement Results City of Niagara Falls Grassy Brook Secondary Plan | Planning Justification Report 19 • Art Federow; • Alan Filer; • Stanlee Hickey; • Leslie Laan; • John Morocco; • Joe Mrozek; • Michelle Tiffney; • Mike Verbeem; and, • Sarah Ward The CFG is scheduled to convene five times over the project lifecycle, each meeting lasting approximately 1.5 hours. The first CFG meeting occurred in the spring of 2023 and focused on providing an overview of the project and Secondary Plan process. This gave an opportunity for members to ask questions to better understand the purpose and outcomes of the project and gave the project team a starting point in understanding what members of the community might identify as key priorities and areas of importance for the future development of the Grassy Brook area. The second CFG meeting occurred in the summer of 2023 was used brainstorm and discuss the preliminary vision and principles for the Secondary Plan. Feedback provided by the group both at the meeting and in follow-up written comments were used to develop a vision statement, goals and objectives for the Secondary Plan to be released for broader public comment on the project’s webpage. The third and fourth CFG meetings occurred in the late winter and early spring of 2024 and were used to present the Phase 1 Subwatershed Study work and the preliminary land use plan. At the third meeting, representatives from AquaforBeech attended and answered questions from the CFG related to the Phase 1 Subwatershed Study findings. At the fourth meeting, CFG members were asked to provide feedback on the preliminary land use designations and preliminary road network. As an outcome of this meeting, the project team made revisions to the preliminary land use plan and road network prior to presenting these to the broader public at an open house and releasing it for public comment. One more CFG meeting will occur in Phase 3 of the project, where the primary focus will be to obtain CFG input on the Secondary Plan policies and mapping. Page 35 of 67 Page 228 of 735 Phase 1 and 2 Technical Analysis and Engagement Results City of Niagara Falls Grassy Brook Secondary Plan | Planning Justification Report 20 2.4 Online Engagement At the outset, a project engagement page for the Grassy Brook Secondary Plan was created on the City of Niagara Falls’ Lets Talk website (https://letstalk.niagarafalls.ca/grassy-brook- secondary-plan). The engagement page is the public’s online touch point to get updates and information on the project. The page includes a description of the project, project lifecycle (project phase description and timeline), and contact information of staff on the project. As the project has progressed, the page has been updated to include key background documents, engagement event information and materials, and other key messages to keep residents informed. The Let’s Talk Page will continue to be updated as the project progresses to provide further information on the Secondary Plan development, upcoming engagement events, and other opportunities for the community to provide feedback online. 2.5 Phase 1 Public Engagement 2.5.1 Public Open House A Public Open House was held on April 13, 2023, from 6:00pm to 8:00pm at the McBain Community Centre. Approximately 35 people attended the event. The purpose of the Open House was to present the project purpose and background, answer questions, and gather feedback and input on the vision, priorities, and opportunities and challenges for the Secondary Plan area to be considered in the next phase of the Secondary Plan development. The meeting started with a brief presentation from the project team that included information on land use planning in Ontario, what a Secondary Plan is, background information on the Grassy Brook area, planning targets and growth anticipated in the Niagara region, the project process, and an overview of the opportunities and constraints identified in the background studies so far. Following the presentation, participants had an opportunity to ask questions to the project team. Page 36 of 67 Page 229 of 735 Phase 1 and 2 Technical Analysis and Engagement Results City of Niagara Falls Grassy Brook Secondary Plan | Planning Justification Report 21 Project information was also available on display boards where participants could post comments on interactive boards and engage with project team members one-on-one to provide comments or ask questions. Display boards included the following activities: • Use sticky notes to map out opportunities, constraints, and ideas for the Secondary Plan area. • Place a sticker on the 3 elements you feel are most important for the development of the Secondary Plan. Options included: o Protection of natural heritage features o Development / design guidelines o Provision of parks and open spaces o Provision of a wide range of housing options o Phasing and servicing growth o Fiscal impacts of growth o Access to commercial and community facilities o Character of future development o Transportation linkages and connections / active transportation linages and connections This information was also published on the project’s Let’s Talk page for information and to provide an opportunity for those who were not able to attend in -person to participate and submit feedback. The following section summarizes feedback gathered at the Public Open House (copies of the presentation and display boards are included at Appendix A for further reference). Opportunities Participants identified the following opportunities for the GBSP area: • Heritage design guidelines and public art along the river; • A complete community with a mix of housing types, local commercial, open spaces and trails; • Expanded transit service; • A gateway to the Grassy Brook community from the highway; Page 37 of 67 Page 230 of 735 Phase 1 and 2 Technical Analysis and Engagement Results City of Niagara Falls Grassy Brook Secondary Plan | Planning Justification Report 22 • Design and develop new employment areas; • Enhance area through urban design; and, • New recreational areas. Constraints Participants identified the following constraints for the GBSP area: • Existing natural heritage areas require protections or buffers; • Outcomes of cultural heritage and archaeological studies will determine the developable area; • Developable area limits subject to outcomes of a Subwatershed Study; • No existing sanitary servicing; • Limited control in timing and desire of private landowners; and, • Existing uses. Ideas and Suggestions Participants contributed the following ideas and suggestions for the project team to consider in future phase of the Secondary Plan process: • Cycling and walking routes to employment areas from residential areas; • Promote transit within and to the Secondary Plan area; • Protect species at risk and endangered species; Page 38 of 67 Page 231 of 735 Phase 1 and 2 Technical Analysis and Engagement Results City of Niagara Falls Grassy Brook Secondary Plan | Planning Justification Report 23 • Consider additional environmental studies that go above and beyond minimum requirements; • Provide buffers around environmentally sensitive areas and wetlands; • Provide ecopassages and wildlife linkages; • Traffic flow management within the Secondary Plan area and to the neighbouring communities; • Maintain and enhance strong biodiversity in the area; • Ensure urban design compliments existing built form; • Sustainable development and infrastructure; • Protect the natural environment; • Promote parkland, recreation, and open spaces; and, • Employment uses should provide high paying quality jobs. Priorities for the Secondary Plan Participants identified the following priorities for the Secondary Plan: • Protection of natural heritage; • Provision of parks and open space; • Provision of a wide range of housing; and, • Transportation linkages and connections and active transportation linkages and connections. Feedback from the Public Open House was used to inform the vision for the Secondary Plan area, identify community priorities and key areas of focus for the Secondary Plan, and identify ideas, opportunities and constraints to be considered in the land use concepts. 2.5.2 Stakeholder Interviews As noted in the Existing Conditions Report, understanding developer interests and long-term development aspirations of landowners is important. As such, in the summer of 2023, virtual interviews were held with three landowners holding large parcels in Grassy Brook with the purpose of understanding developer interests and their long-term development aspirations. Figure 2.4 identifies the approximate locations of the various landholdings of those who were interviewed. Page 39 of 67 Page 232 of 735 Phase 1 and 2 Technical Analysis and Engagement Results City of Niagara Falls Grassy Brook Secondary Plan | Planning Justification Report 24 Figure 2.4: Approximate Locations of Landholdings of Interviewees The interviews were semi structured and lasted approximately 1 hour each, occurring on June 5, 2023, June 14, 2023 and September 6, 2023 . A summary of the interview guiding questions are provided below: • What is your vision for community change and the achievement of complete communities for the development of your landholdings? o How do you envision achieving connectivity, cohesiveness, and integration with the rest of the lands in the secondary plan area —are there opportunities for connectivity? • What are the greatest opportunities and constraints to developing a land use vision and concept for Grassy Brook, in your opinion? • What key things should we consider in developing vision, goals and objectives to guide the secondary plan? • In terms of employment uses, what type of employment would best fit with the known givens (for example, the Wastewater Treatment Plant)? • Where do you see opportunities for commercial/ retail uses? • Where do you see opportunities for public realm improvements? • What areas do you feel should be subject to more detailed urban design guidance? • Where do you see opportunities for public amenities, such as parks, community uses, trails, etc.? Page 40 of 67 Page 233 of 735 Phase 1 and 2 Technical Analysis and Engagement Results City of Niagara Falls Grassy Brook Secondary Plan | Planning Justification Report 25 • (Where applicable) We are in receipt of some of the material submissions you’ve made to the City through the planning act applications, beyond those that are publicly available and that we already have, is there any information you’d like to share with us with respect to your development plans and aspirations for your landholdings (and beyond)? • Do you have any other information that you might want to share that the project team may benefit from as we move forward? • Are you currently registered to be notified of updates on the project through the Let’s Talk page, or otherwise? How would you like us to engage with you and your team moving forward? How would you like to stay involved? Have you been following the progress of the secondary plan process? • Is there anything else you’d like to discuss today? • Next Steps and key dates and conclusion/close out A high-level summary of the feedback provided is as follows: • Preference for a flexible policy approach for residential and mixed use designations, rather than more specific geographic delineation of low-, medium- and high-density residential blocks; • Preference for a commercial and/or mixed use buffer along Stanley Avenue to transition into residential uses on the interior of the site located on the east side of Stanley Avenue; • The need for strong urban design elements for all land uses that are consistent and focused on tree plantings, age friendly communities, pedestrian comfort and safety, street furnishings, signage, and general placemaking, • Ensure guidelines, policies and any implementing regulations allow flexibility for more modern built forms; • Desire for the inclusion of site-specific policies to allow uses, forms and densities as contemplated in various development schemas prepared; • Recognition of difficulties associated with obtaining MTO permits; • Consider looking for key opportunities for intensification in strategic areas to balance constraints in other areas; • Issues with fragmented land ownership along the shoreline and the hydro canal system; • Acknowledgement and identification of servicing constraints and potential impacts on timing of development; • The desire for more mixed use within the community to achieve multiple targets , including affordable housing; • Costs associated with development as it relates to environmental protection, archaeological constraints, remediation, etc. potentially being prohibitive of industrial development; • Opportunity to introduce a trail system along the Welland River; Page 41 of 67 Page 234 of 735 Phase 1 and 2 Technical Analysis and Engagement Results City of Niagara Falls Grassy Brook Secondary Plan | Planning Justification Report 26 • Importance of the protection of environmental and natural features and the opportunity to leverage this for recreational opportunities; • Concerns with property taxes, Municipal Property Assessment Corporation classifications and land valuations; • Discussion related to the changing policy environment respecting employment lands designations; • There is potential for a commercial node or corridor along Rexinger Road; and, • There is potential for a commercial node or corridor along Stanley Avenue . 2.6 Phase 2 Public Engagement 2.6.1 Public Open House The second Public Open House was held on April 11, 2024, from 6:00pm to 8:00pm at the McBain Community Center. Approximately 55 people attended the event. The purpose of the Open House was to provide project updates, present the draft vision and principles, and present and gather feedback on the draft land use concept. The meeting began with a brief drop-in period where attendees could review project information on display boards and engage with City of Niagara Falls staff and Dillon Consulting staff. Shortly after the meeting started, a brief presentation was delivered on project updates, the draft vision and principles, and an overview of the preliminary land use concept. Following the presentation, participants were encouraged to engage with project team members one-on-one by the display boards to ask questions, and to give feedback by posting comments on interactive boards. Display boards were divided up by specific topic area and focused on obtaining feedback on land use designations. Prompting questions were included in order to help attendees provide input, as summarized below (Appendix B includes a copy of the presentation and boards for further reference): Page 42 of 67 Page 235 of 735 Phase 1 and 2 Technical Analysis and Engagement Results City of Niagara Falls Grassy Brook Secondary Plan | Planning Justification Report 27 Employment and Commercial Designations Display Board The following prompting questions were included on the board: • Do you support the introduction of a commercial node and corridor to buffer future residential development east of Stanley Avenue and south of Reixinger Road? • What design elements should we promote in this area to support community building? • What types of Commercial uses would you like to see? • What types of Employment uses would you like to see? • What else do you think we should be considering as it related to employment and commercial designations? Participants noted the following about the employment and commercial designations: • Building design to promote energy efficiency and sustainability; and • Employment uses should not include manufacturing and should focus on lower-impact employment uses. Residential and Mixed-Use Designations Display Board The following prompting questions were included on the board: • In order to promote broader housing choices and affordability, in the area east of Stanley Avenue, we are exploring allowing medium density use s, with heights between 3 to 6 storeys. Do you support this approach? • To balance environmental protection with new development, in the proposed residential areas on the north and south sides of Lyon’s Creek Road, do you support permitting low and medium density uses with heights up to 3.5 storeys? • What else do you think we should be considering as it relates to the residential and mixed-use designations? Participants noted the following about the residential and mixed -use designations: • Use Urban Design Guidelines to promote high quality building materials; • Promote higher-density residential to limit developed area; • Include affordable housing; and, • Promote access to Welland River and Lyons Creek. Preliminary Road Network Display Board The following prompting questions were included on the board: • Do you support the proposed new collector road network? • Are there additional trail connections that could be introduced to support passive recreation and connectivity? Page 43 of 67 Page 236 of 735 Phase 1 and 2 Technical Analysis and Engagement Results City of Niagara Falls Grassy Brook Secondary Plan | Planning Justification Report 28 • What else do you think we should be considering as it relates to developing a road network for Grassy Brook? Participants noted the following about the preliminary road network: • Include wildlife corridors and passes over roads; • Some participants noted that they supported the planned trails with in the natural areas, and others noted the desire to see no trails in the natural area; • Some participants did not support the proposed collector road; and , • Promote active transportation through sidewalks and bike lanes. Feedback on the Preliminary Land Use Concept Overall, participants were supportive of the preliminary land use concept, in particular noting support for the environmentally protected areas, and the environmental protections that limit the size of the lands that are developable. Participants contributed the following additional comments on the preliminary land use concept: • Ensure there are adequate buffers around natural areas to protect natural areas and wildlife; • Protect wildlife habitat; • Protect Lyons Creek; and, • Area in northwest corner of the Secondary Plan area identified as potential residential should be designated as open space / conservation. General Comments and Questions Participants noted the following comments about the Grassy Brook Secondary Plan: • Plan for higher-density housing to lessen the impact of development on the natural spaces; • Plan for active transportation and public transit; • Enhance the natural areas and link natural areas to the urban design and built form; • Encourage connections to the Welland River; • Plan for climate change impacts to the area such as flooding and extreme heat and rain; • Protect biodiversity; and, • Ensure there is adequate infrastructure to support the new development. Some participants had the following questions: • What is being proposed for stormwater management? • If the City plans for an urban boundary expansion in another area, would that eliminate the need for planned growth in the Grassy Brook area? • Will mapping be updated for the Secondary Plan area if further environmental studies take place? Page 44 of 67 Page 237 of 735 Phase 1 and 2 Technical Analysis and Engagement Results City of Niagara Falls Grassy Brook Secondary Plan | Planning Justification Report 29 Additional detailed written comments were provided by a number of attendees, both at the event and via e-mail following the event. Feedback received at the event and following the event, up to May 16, 2024, along with technical input from the TAC and comments from the CFG have been used to inform revisions to the land use concept and road network, with the recommended land use plan presented in the next chapter of this report. Page 45 of 67 Page 238 of 735 Land Use Concept City of Niagara Falls Grassy Brook Secondary Plan | Planning Justification Report 30 3.0 Land Use Concept Based on the input received from the TAC, CFG, and the Community at large, the recommended land use plan and community structure for the Secondary Plan is shown in Figure 3.1. In addition to feedback from stakeholders, several considerations helped to shape the overall land use concept. Firstly, the subwatershed study findings provide a high-level guidance for which parts of the Secondary Plan area are suitable for development and which areas would need to be protected. In addition, t he Niagara Region Official Plan (2022) identifies the importance of protecting designated employment lands for long term use. Schedule G of the Niagara Region Official Plan identifies large portions of the Secondary Plan Area as Dynamic Employment, which are expected to be retained for future employment opportunities within the Montrose Road Industrial Area. Within this Dynamic Employment designation, the Region has reserved a portion of these lands for the future South Niagara Falls Wastewater Treatment Plant. The location, need and planned function for employment uses in the Secondary Plan area were further informed by the City’s Industrial Lands Strategy and subsequent Page 46 of 67 Page 239 of 735 Land Use Concept City of Niagara Falls Grassy Brook Secondary Plan | Planning Justification Report 31 Official Plan Amendment 146 (adopted by Council in April 2023) which identified the need for employment lands in this general area. To address aspects of land use compatibility associated with the employment lands and the future wastewater treatment plant, the land use concept includes commercial and mixed use areas to allow for an appropriate degree of transition, ensuring the protection of employment uses while also allowing for a degree of economic diversification. Finally, the land use concept recognizes the importance of providing for a range of housing opportunities and identifies several locations for residential development. The following subsections provide a more detailed description of each recommended land use designation, the planned function, permitted uses, heights, and densities to be used to guide the development of the secondary plan policies in the next phase of the project. Additionally, a build-out assessment has been completed on the recommended land use plan, which identifies the future number of persons, jobs and housing units that could be expected to develop over the course of time. Page 47 of 67 Page 240 of 735 Land Use Concept City of Niagara Falls Grassy Brook Secondary Plan | Planning Justification Report 32 Figure 3.1: Recommended Land Use Plan Page 48 of 67Page 241 of 735 Land Use Concept City of Niagara Falls Grassy Brook Secondary Plan | Planning Justification Report 33 3.1 Recommended Land Use Plan and Community Structure 3.1.1 Residential (Built-up Area) The area to the north of Lyons Creek Road and east of Stanley Avenue has been identified as Residential (Built-up Area) and comprises approximately 31 ha (6%) of the GBSP Area. The area is identified in yellow on the Recommended Land Use Plan. Planned Function: The planned function of the Residential (Built-up Area) area is to accommodate anticipated population growth and the need for various housing types and densities throughout the planning horizon of the Secondary Plan in alignment with the housing mix targets established for residential lands within the Built-up Area, primarily through higher intensity development. There is potential for the Residential (Built-up) designation to accommodate approximately 700 residential dwelling units (2,000 people) A diverse housing stock with a range of tenures, sizes, and types will be made available to meet the needs of the community. Permitted Uses: Permitted uses in the Residential (Built-up Area) area will include a limited amount of single-detached dwellings, semi-detached dwellings, the full range of townhouse typologies, mid-rise apartments, and live/work lofts. Height/ Density Range: Heights in the Residential (Built-up Area) area will range between 2 to 6 storeys to promote broader housing choices and affordability. A minimum residential density of 50 units per net hectare will need to be achieved, on average, in this area in order to achieve the anticipated growth. Justification Summary: Lands within the Built-up Area are set aside to accommodate a portion of the City’s 2051 forecast growth through intensification at higher densities and in a more compact built form. As the area is surrounded by environmental features and buffers to the north and south, development will be subject to the appropriate studies. The Residential (Built-up Area) area provides an opportunity to support the demand for housing and meet a number of local, Regional and Provincial growth-related objectives, where future studies demonstrate that impacts to environmental features can be mitigated. Further, the area provides an opportunity to support the City and Region’s tasks to retain, protect, and increase the supply of affordable housing for low- and moderate- income households. In alignment with the Region’s Housing and Homelessness Action Plan, the Secondary Plan will support the provision of a range and mix of housing Page 49 of 67 Page 242 of 735 Land Use Concept City of Niagara Falls Grassy Brook Secondary Plan | Planning Justification Report 34 options that are essential for the creation of complete communities and support the regional economy. 3.1.2 Residential (Designated Greenfield) The areas to the north and south of Lyons Creek Road have been identified as Residential (Designated Greenfield) and comprise approximately 22 ha (5%) of the GBSP Area. The areas are identified in orange on the Recommended Land Use Plan. Planned Function: The planned function of the Residential (Designated Greenfield) areas is to accommodate future residents in a low to medium den sity built form. There is potential for the Residential (Designated Greenfield) Designation to accommodate approximately 400 residential dwelling units (1,300 people) Permitted Uses: Permitted uses in the Residential (Designated Greenfield) areas include single and semi-detached dwellings, standard townhouses and live/work lofts. Live-work style development will be permitted in the proposed residential area on the north and south sides of Lyon’s Creek Road to allow for home -based businesses. Height/ Density Range: Heights in the Residential (Designated Greenfield) areas will be up to 3.5 storeys to balance environmental protection with new development and maintain compatibility with existing development in the proposed residential areas on the north and south sides of Lyon’s Creek Road. A minimum residential density of 40 units per net hectare will need to be established in this area in order to achieve the anticipated growth and meet the local policy directive of achieving a minimum density of 53 residents and jobs per hectare in the Designated Greenfield Area. Justification Summary: A portion of the GBSP Area is recognized as a Designated Greenfield area as set out in the Growth Plan. Lands in the Designated Greenfield Areas are intended to develop as complete communities at a smaller scale than their urban area counterparts. In addition to the Residential (Built-up Area), these areas provide an opportunity to support the demand for housing. Compatibility issues and constraints have been identified due to the areas being located along a regional road, proximate to the future Wastewater Treatment Plant, and existing industrial uses which will require land use compatibility studies to be completed prior to residential development occurring. In addition, given the areas proximity to environmental features and buffers, such as Lyons Creek, further environmental studies may be required prior to development to demonstrate that impacts to environmental features can be mitigated. Page 50 of 67 Page 243 of 735 Land Use Concept City of Niagara Falls Grassy Brook Secondary Plan | Planning Justification Report 35 3.1.3 Commercial The areas to the north of Lyons Creek Road, to the south of Reixinger Road and to the east of Stanley Avenue have been identified as Commercial and comprise approximately 21 ha (4%) of the GBSP Area. The areas are identified in red on the Recommended Land Use Plan. These areas are situated along major arterial highways in the City. Due to their proximity to the highway, they are heavily used by local businesses in the existing industrial park, and will likely be used by future employment users as the Dynamic Employment Area develops over time. Planned Function: The planned function of the Commercial areas has two primary functions. Firstly, Commercial lands are planned to accommodate commercial and retail uses to service future residential and employment uses within and nearby the Grassy Brook Secondary Plan Area, supporting the area’s development as a complete community. The classification of commercial areas recognizes the specifications for different types of commercial businesses and addresses varying functions of commercial areas to meet the needs of residents. There is potential for the commercial designation to accommodate approximately 680 population-related jobs (depending the range and type of commercial uses). In addition to this, the lands identified for Commercial uses are also intended to provide a transition between employment uses, the future Wastewater Treatment Plant and Grassy Brook’s residential areas, recognizing that there is a need to provide physical separation between residential and employment uses. This secondary function requires that the Commercial areas maintain a flexible approach to permitted uses to minimize the potential for compatibility issues to arise over time as the area develops. Permitted Uses: Permitted uses in the Commercial areas will include a range of personal and professional uses, such as, but not limited to small scale retail, doctor’s offices, personal services, gyms, restaurants, drive -thrus, gas stations, as well as auto repair shops, car dealerships, as well as uses that may support the function of the Dynamic Employment area. Height/ Density Range: Heights in the Commercial areas will be up to 2 storeys to promote compatibility between the potential residential uses along Lyons Creek Road . Development in the Commercial designation will support the achievement of the overall density target of 53 persons and jobs per hectare. Page 51 of 67 Page 244 of 735 Land Use Concept City of Niagara Falls Grassy Brook Secondary Plan | Planning Justification Report 36 Justification Summary: Land identified as Commercial provide transitional buffers between future and existing employment uses and future residential development, where technical analysis has identified land use compatibility issues. The Commercial area will also provide opportunities for both residents and employees to access services to support their daily needs within close proximity to where they live and work. The Commercial areas are situated strategically along Stanley Avenue and Reixinger Road, which have been identified as nodes/corridors. Stanley Avenue may provide opportunities for locally serving commercial uses to support future residents who will one day live where the Oak Lands Golf Course currently exists. Further environmental studies may be required prior to development to demonstrate that impacts to environmental features can be mitigated. 3.1.4 Mixed-Use The area immediately to the east of Stanley Avenue has been identified as Mixed-Use and comprises approximately 16 ha (3%) of the GBSP Area. The area is identified in pink on Recommended Land Use Plan. Planned Function: The planned function of the Mixed Use area is to support the creation of a transitional buffer between industrial and commercial uses and future residential uses. This designation will allow a mixture of commercial and residential uses as standalone buildings or mixed use buildings with commercial uses at grade and residential uses above where land use compatibility with adjacent employment can be achieved. Given the identified land use compatibility issues associated with existing industrial operations, as well as future industrial operations in the Dynamic Employment area, the potential for residential uses in this area may be limited. Conservative assumptions indicate that there could be potential for this area to accommodate around 200 units (500 people) and 200 population-related jobs. Permitted Uses: Permitted uses in the Mixed Use area may include, mid-rise apartments, live/work lofts, mixed use buildings, small scale retail, doctors offices, personal services, gyms, and restaurants. Height/ Density Range: Heights in the Mixed Use area will range between 2 to 6 storeys New development in this area will be at densities that support the City in meeting intensification targets and other growth objectives for the Built-up Area. Justification Summary: The Mixed Use area is nestled between the Commercial area to the west and the Residential (Built-up Area) area to the east, providing a transition between the two areas. Given the proximity to future commercial development to the west, compatibility issues and constraints have been identified, requiring land use Page 52 of 67 Page 245 of 735 Land Use Concept City of Niagara Falls Grassy Brook Secondary Plan | Planning Justification Report 37 compatibility studies. In addition, as the area contains environmental features and buffers, development will be subject to further study. 3.1.5 Dynamic Employment The areas to the north of Reixinger and to the west of Stanley Avenue have been identified as Dynamic Employment and comprise approximately 130 ha (26%) of the GBSP Area. It will be the site of the new South Niagara Falls Wastewater Treatment Plant, which is required to be constructed to address infrastructure capacity issues in the Regional system in order to meet post-2031 growth servicing needs. The areas are identified in blue on the Recommended Land Use Plan. Planned Function: Dynamic Employment areas are clusters of traditional and lighter industrial uses with a broader mix of employment uses including office parks and institutional uses. The planned function of the Dynamic Employment area is to accommodate a mix of complementary employment uses that do not limit the ability for other employment uses within the employment area to grow or expand. On lands outside of the future Wastewater Treatment Plant, the Dynamic Employment area will need to accommodate 1,394 jobs in order to meet the required 20 jobs per hectare target. Permitted Uses: Permitted uses in the Dynamic Employment areas will include office parks, professional services, institutional uses, government uses, research and development, light manufacturing and processing and warehouse uses. Height: Heights in the Dynamic Employment areas will be up to 2 storeys. Development in the Dynamic Employment designation Justification Summary: As noted in the Existing Conditions Report, there are a number of givens and “factors that cannot change” that the project team must work within to achieve conformity with Regional and Provincial policy direction. This includes implementing the Regionally designated Dynamic Employment area and protecting this area for employment uses over the long-term; and, ensuring that appropriate land use compatibility buffers and policies are put in place to support the development of the approved Wastewater Treatment Plant. Based on the analysis completed by Watson, the Industrial Land Strategy indicated a shortfall of 76 gross hectares of employment land required to accommodate forecast employment demand to 2051 (assuming a density of 25 jobs per hectare and identifying Page 53 of 67 Page 246 of 735 Land Use Concept City of Niagara Falls Grassy Brook Secondary Plan | Planning Justification Report 38 the future Wastewater Treatment Plant as non-developable). When environmental protection areas and the future Wastewater Treatment Plant are netted out, approximately 85 hectares of land remain, which is slightly more than the 76 gross hectares identified as required. The Dynamic Employment area will permit the development of employment uses to meet the Region’s plan requirement of 20 jobs per hectare. Given the proximity to existing industrial uses and recognizing that the Waste Water Treatment Plant will exist in the area in the future, potential land use compatibility constraints have been identified, limiting residential growth in the area. Residential and commercial uses may develop on the south side of Rexinger Road, outside of the Employment Area, where compatibility studies demonstrate this can be achieved. 3.1.6 Open Space The area in the north-west corner has been identified as Open Space and comprises approximately 11 ha (2%) of the GBSP Area. The area is identified in light green on the Recommended Land Use Plan. Planned Function: The planned function of the Open Space area is to conserve key features, specifically the Baden- Powell Park within the Welland River East Wetland Complex, which includes an existing trail network. Permitted Uses: Permitted uses in the Open Space area will include small scale, passive recreational uses and accessory uses (e.g., trails, boardwalks, footbridges, fences, docks, picnic facilities) on these lands, so long as they do not interfere with the natural heritage features or their functions. In addition, the area could be equipped with pedestrian amenities to support them (i.e., pedestrian-scaled lighting, benches, waste receptacles). Planning Justification: The land use concept is based on a review of existing natural heritage features, specifically the Baden-Powell Park within the Welland River East Wetland Complex within the GBSP Area. Page 54 of 67 Page 247 of 735 Land Use Concept City of Niagara Falls Grassy Brook Secondary Plan | Planning Justification Report 39 3.1.7 Environmental Protection Approximately 236 ha (48%) of the GBSP Area is identified as Environmental Protection. The areas are identified in green on the Recommended Land Use Plan. Planned Function: The planned function of the Environmental Protection areas is to preserve the natural heritage of the area through protections or buffers. Permitted Uses: Development in areas identified as Environmental Protection is prohibited. Height/ Density Range: Development in areas identified as Environmental Protection is prohibited. Justification Summary: The land use concept is based on a review of existing natural heritage features, including Significant Woodlands, Provincially Significant Wetlands, and various other environmental features that are to be identified through the environmental studies of the GBSP, and reviewed by the Region of Niagara and NPCA. Additional policy recommendations for implementing the outcomes of the Subwatershed Study will be incorporated into the Secondary Plan, as appropriate. 3.2 Recommended Transportation and Active Transportation Network The recommended transportation plan is shown on Figure 3.2. The proposed changes to the area will provide the needed multi-modal capacity and access to support the growth of the Secondary Plan area. Specific recommendations include: • Potential opportunity to re-connect Reixinger Road with a highway overpass, which would provide connectivity to the west; • New north/south Collector Roads connecting the future employment area to Lyons Creek Road; • New east/west Collector Road connecting the future residential area to both Stanley Avenue and Lyons Creek Road; • Dell Road to be closed, given proximity of road to interchange (MTO requirement); and, • Potential intersection upgrades where new and existing collector roads connect to the Arterial road network. Page 55 of 67 Page 248 of 735 Land Use Concept City of Niagara Falls Grassy Brook Secondary Plan | Planning Justification Report 40 There are three trails proposed: • A riverside trail that would run along Welland River, along the north boundary of the Secondary Plan Area; • A trail along Lyons Creek Road that would connect to the existing trail to the east; and, • A north/south trail that would connect these two segments. These three proposed connections would bring together the two disconnected networks, which would allow for easier movement in the community and enhance the larger network. The Lyons Creek Road trail extension would allow for easier east-west movement of the study area, and the north-south trail would create a direct connection between portions of the study area that are constrained by large swaths of environmentally protective land. The riverside trail would allow for the fulfillment of people’s attraction to the water, encourage waterside viewing, and provide an amenity for the future population and businesses that may abut this alignment. It could also act as an amenity to draw people into and through the study area for recreational purposes. Page 56 of 67 Page 249 of 735 Land Use Concept City of Niagara Falls Grassy Brook Secondary Plan | Planning Justification Report 41 Figure 3.2: Recommended Transportation Plan Page 57 of 67Page 250 of 735 Land Use Concept City of Niagara Falls Grassy Brook Secondary Plan | Planning Justification Report 42 3.3 Growth Estimates The following section summarizes the growth estimates for the Grassy Brook Secondary Plan Area. The growth estimates are intended to provide a high-level estimate of growth potential based on the land use concept presented in Section 3.2. The growth estimates identify the physical potential for growth and do not represent a market projection of what will occur, rather the estimates outline one scenario of how population, employment and housing could play our over time. The Recommended Land Use Plan could accommodate approximately 3,910 people and 2308 jobs, for a combined total of 6,218 people and jobs. From a housing perspective, the area could add a further 1482 new housing units to the City’s supply, including 622 Low Density, 625 Medium Density, 217 High Density and 19 Accessory Dwelling Units. Table 3.1: Grassy Brook Build-Out Growth Estimates Land Use Designation Gross Area (ha) Units Population Employment Residential (BUA) 31.4 783 2026 0 Residential (DGA) 22.3 466 1354 0 Mixed Use 16.2 233 530 233 Commercial 21.3 0 0 682 Dynamic Employment 87.1 0 0 1394 Totals 178.3 1482 3910 2308 The above noted growth estimates are based on the following assumptions: • Within the DGA, growth will be planned to achieve a minimum of 53 people and jobs per hectare based on the City’s policies. Lower residential densities are intended to respond to unique context and balance development with protecting the creek and other environmental features. • The housing mix for lands within the DGA are based on an overall targe t housing mix of 42% Low Density Residential, 30% Medium Density Residential and 28% High Density Residential. Within the BUA, the target housing mix is 65% Low Density and 35% Medium Density. Within the Mixed Use Areas, the target housing mix for residential is assumed to be 100% Medium Density Residential. • Person per unit (PPU) are based on Hemson Consulting’s Development Charges Background Study (March 2024). • The employment estimates for the Dynamic Employment area are based on a density of 20 jobs/ ha. The employment estimates for Dynamic Employment do not include a specific estimate for the Waste Water Treatment Plant. • Employment estimates for Commercial Areas are based on an average employment density of 50 employees per square metre. Page 58 of 67 Page 251 of 735 Land Use Concept City of Niagara Falls Grassy Brook Secondary Plan | Planning Justification Report 43 • For lands identified as Mixed Use, an overall split of 60% commercial and 40% residential was assumed, in recognition of the uncertainties around land use compatibility in these locations (i.e., the ultimate split between residential and commercial will be subject to further study at the application phase). Page 59 of 67 Page 252 of 735 Policy Directions City of Niagara Falls Grassy Brook Secondary Plan | Planning Justification Report 44 4.0 Policy Directions Based on the feedback received through the Phase 1 and Phase 2 engagement, and technical analysis completed to date, the following section outlines a series of key directions to be considered in Phase 3 of the project and incorporated into the Secondary Plan as appropriate. 4.1 Vision and Principles Vision Grassy Brook is one of the City's major mixed use neighbourhoods, featuring a variety of complimentary residential, commercial, employment and mixed uses nestled along the shores of the Welland River in the City's south end. Grassy Brook is a complete, sustainable and connected community, providing infrastructure, economic development opportunities, a variety of linked recreational spaces and places organized around a well protected, thriving natural heritage system. Page 60 of 67 Page 253 of 735 Policy Directions City of Niagara Falls Grassy Brook Secondary Plan | Planning Justification Report 45 Principle 1: Establish Grassy Brook as a Complete Community Provide opportunities for the efficient use of land, compact urban form, and a mix of uses by encouraging the development of a commercial and industrial node, a wide range of housing, and community infrastructure to support livability and sustainability of the community. Objectives: • To provide parks, recreation, and open spaces for current and future residents and employees while preserving natural heritage. • To promote a mix of land uses, including residential, employment, commercial, and community facilities to support the needs of the community. • To provide a variety of housing opportunities and choices, including affordable housing and supportive housing, to meet the diverse needs of residents. • To ensure the built form is context-appropriate and climate resilient to support land use compatibility, place making and high quality living environments through the provision of urban design guidance. Principle 2: Enhance the Connectivity of the Grassy Brook Area Provide and promote active transportation and transit supportive design while ensuring connections manage traffic flow. Objectives: • To create a well connected community that promotes a variety of mobility options that are safe and encouraging of a multi-modal split. • To enhance the public realm and leverage the natural heritage system to generate an integrated pedestrian and cyclist network throughout the area. • To ensure that all new and improved connections do not interrupt the planned functions of the ecological and natural heritage system. Principle 3: Protect, Preserve and Enhance Natural Heritage Resources To identify, protect, and enhance the existing natural heritage resources by protecting endangered species and biodiversity and strengthening linkages. Objectives: • To ensure that any future development protects the existing natural heritage system and biodiversity of the area and does not have adverse impacts on the planned and intended functions of the existing natural heritage system by identifying buffers, linkages, and eco-passages. • To facilitate a connected system of neighborhood parks, trails, and green infrastructure that are visible and accessible to residents. • To integrate the Welland River and broader natural heritage system into the design, layout, and organization of the public realm. Page 61 of 67 Page 254 of 735 Policy Directions City of Niagara Falls Grassy Brook Secondary Plan | Planning Justification Report 46 • To establish policies that align with the Climate Change Adaptation Implementation Plan to support development that helps to achieve the vision of reducing the Region and the City’s greenhouse gas emissions. Principle 4: Enhance Economic Opportunities and Growth To promote and protect employment areas for long term prosperity while ensuring resiliency through sustainable infrastructure and design. Objectives: • To support opportunities for economic development and job creation by maximizing the potential of employment lands. • To recognize the importance of the nearby Regional Hospital in attracting a range of employment opportunities within the area and the broader community. • To ensure land use compatibility between employment areas and the other planned uses within the area through urban design and other measures. • To provide a framework for the phasing of development to meet local and provincial targets for residential and employment growth while ensuring that growth is fiscally and environmentally sustainable and responsible. • To utilize sustainable urban design and development tools to prioritize climate resiliency. 4.2 Urban Design There are several urban design considerations to help guide development in the Secondary Plan Area. At this time, policy considerations will focus on mobility and connectivity, while other general policy directions for urban design will be brought forth, as this Plan evolves. The active transportation network in the study area is discontinuous and not extensive. There is only one trail loop in the northwest corner of the study area, and one trail that follows the Lyons Creek Road alignment to the east. These trails connect into larger networks that fall outside of the study area. To allow pedestrians to traverse and permeate the study area without having to rely on sidewalks along public roads, the Secondary Plan proposes that trails are added to connect to these existing networks and, in turn, connect the study area to the surrounding neighbourhood. General urban design considerations are provided below for built form, building height and articulation, natural and cultural heritage, and parks and open space: • Built Form: As the existing built form in the area is largely absent, there is an opportunity to implement policy in this Plan that will both help shape the character and guide the nature of development of the study area. As and where appropriate, built form should be designed to respond to the local context (materiality/use of local and sustainable building materials, orientation to Page 62 of 67 Page 255 of 735 Policy Directions City of Niagara Falls Grassy Brook Secondary Plan | Planning Justification Report 47 maximize views to natural heritage areas, etc.), while also incorporate contemporary measures and forms, where appropriate. • Building Height and Articulation: While building heights are determined in alignment with growth forecasts and policies set in the Official Plan, buildings should be articulated in a way that contributes to the comfort of pedestrians on the ground (i.e., prevent overshadowing), while also enhances and frames vistas of views to nearby ecological areas. • Natural and Cultural Heritage: Effort should be made to incorporate water- and natural heritage-oriented features in future development designs, as they would speak to the area’s rich cultural history associated with the local waterways and biodiversity. • Parks and Open Space: Parks, natural areas, and open spaces are abundant in the study area, and significant features should be preserved and enhanced through measures such as naturalization and buffering, tree planting, landscaping. Measures should also be taken to preserve and enhance the urban forest canopy, and utilize Low Impact Development (LID) techniques to slow and capture stormwater onsite to help mitigate the effects of climate change. It is recommended that the following directions be incorporated into the Secondary Plan to guide the development in terms of urban design: 1. Create visually distinct and identifiable developments that contribute to a strong sense of place and community pride, while they respect the character of the area. 2. Foster walkable neighbourhoods through the design of appealing streetscapes, focal points, and destinations, as well as through an extensive and continuous active transportation network. 3. Provide a mix of land uses that meet the needs of current and future residents, including: a range of housing types and designs; parks that are sized to support the area’s projected population growth, schools; commercial areas with amenities to meet residents’ daily needs; and employment opportunities. 4. Design developments that: have context-driven massing and scale; enhance the human experience on the ground; and create vibrant streetscapes. 5. Highlight cultural heritage resources, wherever possible, including preserving and enhancing cultural heritage landscapes (views to waterways and valleys, agricultural vistas, etc.) and having sympathetic designs adjacent to existing development. 6. Protect and enhance natural heritage features through naturalization and expansion, wherever possible. Page 63 of 67 Page 256 of 735 Policy Directions City of Niagara Falls Grassy Brook Secondary Plan | Planning Justification Report 48 4.3 Streets, Transportation and Mobility In addition to including the Transportation Plan shown in this Report as a schedule in the Secondary Plan, the following additional considerations should be included: • The policies of Part 3, Section 1.5 Transportation in the Official Plan for the City of Niagara Falls shall apply to the Grassy Brook Secondary Plan Area; • New and existing roads within the Grassy Brook Secondary Plan Area shall incorporate a Complete Streets approach; o The needs and priorities of all uses shall be balanced within the public right-of-way to allow for the safe and efficient movement of: pedestrians and cyclists of all ages and abilities; transit users and fleet of transit vehicles; goods and services; emergency services; and motorists; o Space shall be allocated for the provision of pedestrian features and amenities, including but not limited to: street furniture; signage and other wayfinding tools; snow and stormwater management; and street trees and other landscaping; o The design of a Complete Street shall have regard for the design criteria outlined in the Region’s Complete Streets Design Manual; and, • The addition of trails in the Grassy Brook Secondary Plan Area shall be developed in accordance with the City’s Transportation Master Plan (2011, or as amended) 4.4 Natural Environment Phase 3 of the project will include further work from the Subwatershed Study team to identify specific mitigation measures and policies to be included in the Secondary Plan, as well as a separate schedule identifying the natural heritage system. 4.5 Infrastructure and Phasing In Phase 3 of the project, the Infrastructure and Phasing team can complete modelling based on the future growth anticipated for Grassy Brook in order to identify the timing for that growth in relation to servicing capacity and local and Regional infrastructure master planning. Phasing policies and an associated schedule identifying the phasing plan will be included in the Secondary Plan. The phasing plan will be prepared in the next phase of the project. 4.6 Land Use Compatibility Phase 3 of the project will include further work from the Compatibility team to identify a set of secondary policies and studies required at the time of development applications to address potential land use compatibility issues and ensure the protection of the Wastewater Treatment Plant. Page 64 of 67 Page 257 of 735 Recommendations and Next Steps City of Niagara Falls Grassy Brook Secondary Plan | Planning Justification Report 49 5.0 Recommendations and Next Steps The City, along with their consulting team, will use the recommended land use plan presented in Section 3 of this report as the basis for preparing the necessary detailed studies required to proceed forward with preparing the Secondary Plan. Once a draft of the Secondary Plan is prepared, it will be made available for public review and comment and will be subject to a formal public meeting under the Planning Act. Page 65 of 67 Page 258 of 735 Appendix A Public Information Centre # 1 Materials Page 66 of 67 Page 259 of 735 Appendix B Public Information Centre # 2 Materials Page 67 of 67 Page 260 of 735 City of Niagara Falls Grassy Brook Secondary Plan Planning Justification Report August 7, 2024 Page 261 of 735 This page is left intentionally blank Page 262 of 735 Table of Contents City of Niagara Falls Grassy Brook Secondary Plan | Planning Justification Report 1 Table of Contents 1.0 Introduction ......................................................................................................... 3 1.1 Background ........................................................................................................ 3 1.2 Study Purpose and Process ............................................................................... 5 1.2.1 What is a Secondary Plan? ......................................................................... 5 1.2.2 Secondary Plan Process ............................................................................. 5 1.3 Report Purpose and Organization ...................................................................... 7 2.0 Phase 1 and 2 Technical Analysis and Engagement Results ......................... 9 2.1 Project Phases and Purpose .............................................................................. 9 2.2 Summary of Technical Analysis ....................................................................... 10 2.2.1 Provincial and Regional Policy Context ..................................................... 10 2.2.2 Existing Conditions- Phase 1 Technical Findings and Reports .................. 13 2.2.3 Opportunities and Constraints ................................................................... 16 2.3 Summary of Engagement and Consultation Activities and Outcomes ............. 17 2.3.1 Technical Advisory Committee .................................................................. 17 2.3.2 Community Focus Group ........................................................................... 18 2.4 Online Engagement ......................................................................................... 20 2.5 Phase 1 Public Engagement ............................................................................ 20 2.5.1 Public Open House .................................................................................... 20 2.5.2 Stakeholder Interviews .............................................................................. 23 2.6 Phase 2 Public Engagement ............................................................................ 26 2.6.1 Public Open House ................................................................................... 26 3.0 Land Use Concept ............................................................................................. 30 3.1 Recommended Land Use Plan and Community Structure ............................... 33 3.1.1 Residential (Built-up Area) ........................................................................ 33 3.1.2 Residential (Designated Greenfield) ......................................................... 34 3.1.3 Commercial .............................................................................................. 35 3.1.4 Mixed-Use ................................................................................................. 36 3.1.5 Dynamic Employment ................................................................................ 37 3.1.6 Open Space ............................................................................................... 38 Page 263 of 735 Table of Contents City of Niagara Falls Grassy Brook Secondary Plan | Planning Justification Report 2 3.1.7 Environmental Protection ........................................................................... 39 3.2 Recommended Transportation and Active Transportation Network ................. 39 3.3 Growth Estimates ............................................................................................. 42 4.0 Policy Directions ............................................................................................... 44 4.1 Vision and Principles ........................................................................................ 44 4.2 Urban Design ................................................................................................... 46 4.3 Streets, Transportation and Mobility ................................................................. 48 4.4 Natural Environment ........................................................................................ 48 4.5 Infrastructure and Phasing ............................................................................... 48 4.6 Land Use Compatibility .................................................................................... 48 5.0 Recommendations and Next Steps.................................................................. 49 Figures Figure 1.1: Study Area .................................................................................................... 4 Figure 1.2: Grassy Brook Secondary Plan Project Process ............................................ 8 Figure 2.1: NOP Schedule B ......................................................................................... 12 Figure 2.2: NOP Schedule G ......................................................................................... 12 Figure 2.3: Niagara Falls OP Urban Structure Elements ............................................... 13 Figure 2.4: Approximate Locations of Landholdings of Interviewees ............................ 24 Figure 3.1: Recommended Land Use Plan ................................................................... 32 Figure 3.2: Recommended Transportation Plan ............................................................ 41 Tables Table 3.1: Grassy Brook Build-Out Growth Estimates................................................... 42 Appendices Appendix A: Public Information Centre # 1 Materials Appendix B: Public Information Centre # 2 Materials Page 264 of 735 Introduction City of Niagara Falls Grassy Brook Secondary Plan | Planning Justification Report 3 1.0 Introduction 1.1 Background The City of Niagara Falls is one of 12 lower-tier municipalities forming part of the Regional Municipality of Niagara. Located along the Niagara River at the south-eastern edge of the Greater Golden Horseshoe and home to one of the great wonders of the world, the Niagara Falls is an international gateway and is recognized as a global tourist destination. The City is also a great place to call home, with over 94,415 people living in in the Falls, based on the 2021 Census of Population recently released by Statistics Canada. The City’s strong economic and geographic advantages have enabled Niagara Falls to achieve steady growth over the last 20 years. In an effort to plan for the City’s continued future growth, both the Region and Niagara Falls have completed a number of foundation studies to inform growth to the 2051 planning horizon and beyond. At the Regional level, this included the Municipal Comprehensive Review (MCR) and New Page 265 of 735 Introduction City of Niagara Falls Grassy Brook Secondary Plan | Planning Justification Report 4 Niagara Region Official Plan; and, at the local level this included the preparation of an Employment Lands Strategy and a Housing Strategy. These foundation studies have pointed to the need for the City to accommodate a significant amount of additional population and employment growth over the next 30 years and beyond. South Niagara Falls is expected to see significant new growth in the years to come. New facilities, such as the South Niagara Falls Hospital and a wastewater treatment plant will contribute to the growth of South Niagara Falls. Proactive planning for the appropriate range and mix of land uses in identified growth areas, such as undeveloped Designated Greenfield Areas and Strategic Growth Areas, achieved through detailed secondary planning processes, is a key priority for the City. This detailed planning allows the City to be best-positioned to respond to the changing needs of the community and ensure residents have a balance of opportunities to live, work and play in Niagara Falls. As a Designated Greenfield Area, the Grassy Brook Secondary Plan (GBSP) area is one of City and Region’s identified growth areas. The Grassy Brook Area is located east of the Queen Elizabeth Way (QEW) and is bordered by the Welland River to the north and Lyon’s Creek to the south. It comprises approximately 495 hectares (ha) of land and represents one of the City’s last pieces of unplanned, unserviced urban designated areas anticipated to accommodate future growth (Figure 1.1). A secondary plan will allow for the proactive and effective management of the new growth anticipated for Grassy Brook while considering unique and localized factors to provide a level of certainty for the type of change that is expected over the long-term. Figure 1.1: Study Area Page 266 of 735 Introduction City of Niagara Falls Grassy Brook Secondary Plan | Planning Justification Report 5 The City has retained the consulting team of Dillon Consulting Limited (Dillon), AquaforBeech, Archaeological Research Associates Ltd., and Watson and Associates Economists Limited (Watson) to conduct a comprehensive study of the area as part of the secondary planning process for Grassy Brook. 1.2 Study Purpose and Process 1.2.1 What is a Secondary Plan? Secondary Plans are more detailed plans for a specific area within a community that are adopted into Official Plans and have status under the Planning Act. They typically expand upon more general policies contained within an Official Plan and identify an overall vision for how growth is to be planned for and provide guidance for land use permissions, densities, environmental protection, transportation and municipal infrastructure and urban design guidelines. Secondary plans are driven by an iterative process and that builds upon technical analysis and community consultation to allow for the proactive and effective management of new growth. 1.2.2 Secondary Plan Process This project will consider the local context, environmental conditions, infrastructure investment, land use compatibility, urban design, cultural heritage, and other elements to provide a proactive policy framework and direction for employment and residential development in the area. The goal for this project is to work with City staff, Regional staff, the Niagara Peninsula Conservation Authority (NPCA), Council, residents and stakeholders as part of an iterative and transparent land use planning process to create a vision and associated policies to guide future development of Grassy Brook. The GBSP process has been designed to answer a number of key questions, over a three-phase project process (Figure 1.2), with the final output being a Secondary Plan and accompanying implementing Official Plan Amendment (OPA). The GBSP technical work includes the following: • Subwatershed Study (SWS), which occurs throughout Phase 1 and Phase 2, with the existing conditions assessment and feature mapping completed as of the writing of this report and further detailed policy directions for environmental protection and management to be incorporated into the Secondary Plan as part of Phase 3; • Cultural Heritage Assessment Report (CHAR), which occurred in Phase 1; • Stage 1 Archaeological Assessment, with fieldwork having been completed in late February and early March of 2024 and reporting underway; • Land Use Compatibility Analysis, which has begun with preliminary inputs included in the land use concept recommended in this report and further detailed Page 267 of 735 Introduction City of Niagara Falls Grassy Brook Secondary Plan | Planning Justification Report 6 policy guidance for addressing compatibility to be incorporated into the Secondary Plan as part of Phase 3; • Transportation Impact Assessment (TIA), which has begun with existing conditions documented as of the writing of this report, and future conditions modelling and TIA to be completed on the recommended land use plan and policy guidance to be incorporated into the Secondary Plan as part of Phase 3; • Infrastructure analysis and development phasing plan, which has begun with existing conditions documented as of the writing of this report; and, the development phasing plan and policy guidance to be incorporated into the Secondary Plan as part of Phase 3; • Urban design review, with preliminary opportunities identified in Phase 1, and urban design guidelines and policies to be incorporated into the Secondary Plan as part of Phase 3; • Fiscal Impact Analysis (FIA), which will assess the impacts of the recommended land use plan on the City and Region’s tax base and development charges policy and occur as part of Phase 3; and, • Land use planning analysis, which utilizes key technical inputs from the associated concurrent technical studies. This includes an Existing Conditions and Background Review Report (Phase 1), a Planning Justification Report (this report, Phase 2), and a Secondary Plan (Phase 3). The GBSP Engagement and Consultation Program includes: • Technical Advisory Committee (TAC) Meetings, where representatives from various City, Region and Ministry departments, along with the NPCA meet to provide input and comment to the consulting team on the technical analysis; • Community Focus Group (CFG) Meetings, where representatives from the community at large meet to provide input and comment to the consulting team on the project findings prior to broader community circulation; • Landowner Interviews, where several large landowners with development interests were invited to provide input to the consulting team to understand how the Secondary Plan can balance private landowner and development interests with technical findings and recommendations of the supporting studies and planning principles, policies and regulations that cannot change and must be taken as givens (for example, designated employment areas, and land use compatibility); • Public Open Houses, where the community at large is able to obtain information about project progress and speak to the planning consultant team and city staff to provide feedback and input into the development of the Secondary Plan in each phase of the process, at in-person events; and, • Council Presentations, where information is presented to Council for information purposes and decision making purposes, as appropriate, in each phase of the process. Page 268 of 735 Introduction City of Niagara Falls Grassy Brook Secondary Plan | Planning Justification Report 7 1.3 Report Purpose and Organization The purpose of this report is to summarize the Phase 2 findings, present the recommended land use plan and associated justification for the proposed designations, and identify key policy directions to inform the development of the Secondary Plan which will occur in Phase 3. This report has been prepared under the following sections: • Section 1: Introduction and Background • Section 2: Phase 1 and 2 Technical Analysis and Engagement Results • Section 3: Recommended Land Use Concept • Section 4: Policy Directions • Section 5: Recommendations and Next Steps Page 269 of 735 Introduction City of Niagara Falls Grassy Brook Secondary Plan | Planning Justification Report 8 Figure 1.2: Grassy Brook Secondary Plan Project Process Page 270 of 735 Phase 1 and 2 Technical Analysis and Engagement Results City of Niagara Falls Grassy Brook Secondary Plan | Planning Justification Report 9 2.0 Phase 1 and 2 Technical Analysis and Engagement Results 2.1 Project Phases and Purpose As described in Section 1.2.2 the GBSP Project is divided into three Phases. This report marks the conclusion of Phase 2. The following subsections provide an overview of the technical analysis and community input received to -date that have informed the development of the recommended land use plan presented in Section 3. Page 271 of 735 Phase 1 and 2 Technical Analysis and Engagement Results City of Niagara Falls Grassy Brook Secondary Plan | Planning Justification Report 10 2.2 Summary of Technical Analysis As part of Phase 1, as noted previously, an Existing Conditions and Background Review Report was completed with inputs from the various consulting team disciplines, with the purpose of documenting the legislative and policy context, and existing environmental, transportation, servicing and cultural heritage conditions in order to identify preliminary opportunities and constraints for the Secondary Plan. A brief summary of key findings contained within that report are provided below1. 2.2.1 Provincial and Regional Policy Context Provincial Policy Statement (PPS,2020) The PPS, 2020 provides a vision and general framework for land use planning matters and development across Ontario. All decisions affecting planning matters are required to be consistent with the PPS. The PPS acts as a guide for key land use issues that affect communities, including ensuring that municipalities designate land to meet future residential and employment forecasts, provide a range and mix of housing types, promote economic development. Growth Plan for the Greater Golden Horseshoe, 2019 (as amended in 2020) (Growth Plan) The Growth Plan provides a framework for creating “stronger, prosperous communities” in Ontario. It stipulates how the Greater Golden Horseshoe will grow and outlines the vision up to the 2051 Planning Horizon. The GBSP will need to be prepared in conformity with the Growth Plan. The following summarizes the key policy directives that must be met for Growth Plan conformity: • Employment Areas: a portion of the GBSP Area falls within a Regionally designated employment area. These areas are to be protected for employment uses over the long-term and achieve specific density targets (20 jobs per hectare in this case); • Designated Greenfield Areas: a portion of the GBSP Area falls within a Designated Greenfield area under the Growth Plan, which is required to accommodate new residential and population-related employment at densities of not less than 50 persons and jobs per hectare; • Delineated Built-up Area: a portion of the DBSP Area falls within a Delineated Built-up Area under the Growth Plan, which is required to accommodate a portion of the City’s 2051 forecast growth through intensification at higher densities and in a more compact built form; and, 1 The Existing Conditions and Background Review Report Further detail on the policy context, technical findings, opportunities and constraints Page 272 of 735 Phase 1 and 2 Technical Analysis and Engagement Results City of Niagara Falls Grassy Brook Secondary Plan | Planning Justification Report 11 • To support the achievement of these targets, municipalities are expected to prohibit land uses and bult forms that would adversely affect the achievement of the minimum targets. Niagara Official Plan (NOP) The NOP provides a long-term land use planning framework to shape and define the Region for future generations, setting out the growth strategy to the 2051 planning horizon. It allocates population and employment growth to lower-tier municipalities to ensure balanced growth to 2051, where the City of Niagara Falls is forecast to reach 141,650 persons and 58,110 jobs. The NOP also identifies specific areas of regional interest, including Employment Areas, that are required to achieve assigned density targets. Schedule B and G of the NOP (Figure 2.1 and Figure 2.2) sets out the Regional Structure, and within this context, portions of the GBSP are designated as follows: • Designated Greenfield Area bound by the Welland River and Lyons Creek between the Queen Elizabeth Way and Stanley Avenue, excluding the property located at Lyons Creek and Stanley Avenue (currently King Waldorf Campground); • Built up Area bound by the Welland River and Lyons Creek, including the property located at Lyons Creek (Currently King Waldorf Campground) and all lands on the east side of Stanley Avenue; and, • Employment Area bound by the Welland River and Lyons creek between the Queen Elizabeth Way and Stanley Avenue. A number of targets and policies apply to these structure elements. The Grassy Brook Secondary Plan will need to incorporate a framework that ensures these targets can be achieved. This includes a minimum of 20 jobs per hectare within the Dynamic Employment Area, a minimum of 50 residents and jobs per hectare within the Designated Greenfield Area, and higher density development to support intensification objectives within the Built-up Area. Finally, the NOP requires local municipalities to prepare Secondary Plans for all Designated Greenfield Areas with policies and schedules that ensure a diversity and mix of uses, a mix of built form, high quality urban design and public realm, provision of parks and open space, appropriate refinement and interpretation of the Region’s natural environment system, adequate provision of infrastructure, including transit and active transportation, and co-location of public service facilities, where appropriate. Page 273 of 735 Phase 1 and 2 Technical Analysis and Engagement Results City of Niagara Falls Grassy Brook Secondary Plan | Planning Justification Report 12 Figure 2.1: NOP Schedule B Figure 2.2: NOP Schedule G Page 274 of 735 Phase 1 and 2 Technical Analysis and Engagement Results City of Niagara Falls Grassy Brook Secondary Plan | Planning Justification Report 13 City of Niagara Falls Official Plan (Niagara Falls OP) The Niagara Falls OP establishes the urban structure and land use planning framework for the City to achieve local growth objectives while implementing Provincial and Regional directives. Schedule A2 of the City of Niagara Official Plan outlines the urban structure throughout the city. Components of the Urban Structure in the Official Plan include Corridors, Greenfield Areas, Urban Areas and the QEW Employment Corridor. The study area includes three different urban structure elements: the QEW Employment Corridor, Greenfield Area, and Urban (Built-up) Area (Figure 2.3). Within this context, the GBSP Area is envisioned to develop over the fullness of time to accommodate a portion of the forecasted employment growth, at a target of 20 jobs per hectare within the employment area, and at a target of no less than 53 people and jobs per hectare within the Designated Greenfield Area. On lands within the Built-up Area, intensification is required and is to be designed to integrate into the surrounding neighborhood and provide a range and mix of housing types, tenures and affordability levels. Figure 2.3: Niagara Falls OP Urban Structure Elements 2.2.2 Existing Conditions- Phase 1 Technical Findings and Reports Transportation (summarized in the Existing Conditions and Background Review Report, with companion Phase 1 Report) The existing road network consists of two Regional Arterial Roads, providing connections to the broader Niagara Falls area, and two Collector Roads which provide Page 275 of 735 Phase 1 and 2 Technical Analysis and Engagement Results City of Niagara Falls Grassy Brook Secondary Plan | Planning Justification Report 14 connections to the arterial road network and local access to existing uses. No major multi-use trails or active transportation facilities exist in the area. There are a number of local and Regional transit routes that operate adjacent to the GBSP area, but there are no specific stops presently within the Study Area. Future growth within the broader South Niagara Falls area, and the GBSP area specifically, will allow for expansion of the existing transportation and active transportation networks. Existing conditions studies of identified intersections indicate all movements in the Study Area are experiencing a Level of Service (LOS) of C or better, which indicates that capacity and LOS are not presently a concern for this area. Future phases of transportation work will need to model the impacts of future development within the GBSP and provide recommendations to mitigate any potential issues or impacts identified. Urban Design (included within the Existing Conditions and Background Review Report) In line with the findings of the transportation existing conditions assessment, p reliminary urban design review identified the lack of trail connections and extent of environmental features as obstacles to addressing pedestrian connections and linkages throughout the GBSP area. From an urban design perspective, early findings recommend that urban design policies and guidelines be developed to encourage built form elements to respond to natural and geographic features in the study area; and address compatibility and transition in use. Cultural Heritage (summarized in the Existing Conditions and Background Review Report, with companion CHAR) The CHAR identified four potential Built Heritage Resources (BHRs) and five potential Cultural Heritage Landscapes (CHLs) that should be considered and offered a series of recommendations for mitigation through the development of the Secondary Plan, including (but not limited to) the following: • Requiring Heritage Impact Assessments and Cultural Heritage Evaluation Reports as part of future development applications, particularly on lands where BHRs, CHLs have been identified; • Develop design guidelines that consider the relationship between heritage resources and new development to ensure compatibility is provided; • Consider how viewsheds may be considered as part of design guidelines for new development; • Explore integration of the area’s history through the installation of plaques, public art, street furniture, etc.; and, • Ensuring regulations and legislation for any redevelopment of the Dell Cemetery are applied. Page 276 of 735 Phase 1 and 2 Technical Analysis and Engagement Results City of Niagara Falls Grassy Brook Secondary Plan | Planning Justification Report 15 Archaeology (summarized in the Existing Conditions and Background Report) Preliminary analysis indicates that there is potential for archaeological resources. Local indicators of archaeological potential include proximity to known archaeological sites, water sources, historic settlements, and historic transportation routes. Fieldwork to identify any areas of archaeological potential was completed in early 2024, and the Draft Stage 1 Archaeological Assessment report is nearing completion. Natural Environment (summarized in the Existing Conditions and Background Review Report, with companion Phase 1 Subwatershed Study Report) A Subwatershed Study is a broad-scale technical study that evaluates existing conditions and constraints in order to inform future land use plans. It includes review of hydrogeology, surface water and natural heritage. The Phase 1 Subwatershed Study Report investigates and inventories the natural resources which could potentially be impacted by future urban development; identifies preliminary constraints and opportunities to be considered as the Secondary Plan is prepared; and, is used to inform the development of a subwatershed management plan. The Phase 1 Report includes mapped constraints, identifying Environmental Protection Areas and Natural Hazards (non-developable lands), Environmental Conservation Areas as defined under the City’s Official Plan and preliminary buffer recommendations, Potentially Developable Lands that would require additional site-level studies for species at risk habitat and associated ministry permits prior to any approvals being obtained; and, Potentially Developable lands. These mapped constraints were used to inform the development of the GBSP Land Use Plan, and specifically to apply the Environmental Protection designation as well as an overlay to signal where additional site-level studies are required. More detailed policies will be included in the GBSP in Phase 3 of the project, based on recommendations arising out of the next phase of the Subwatershed Study work program. Land Use Compatibility Land use planning exercises must have consideration for potential adverse effects from odour, noise, and other contaminants in order to minimize risk to public health and safety, and to ensure the long-term operational and economic viability of major facilities. The surrounding land use context includes two local industrial parks outside of the GBSP area. Within the GBSP Study Area, lands located north of Rexinger Road are a designated Regional Employment Area which are to be protected for long-term employment uses. This area also includes a planned major facility (Wastewater Treatment Plant) which is required to be built in order to accommodate the significant growth forecast for Niagara Falls and surrounding systems, as there are capacity issues in the current system. Page 277 of 735 Phase 1 and 2 Technical Analysis and Engagement Results City of Niagara Falls Grassy Brook Secondary Plan | Planning Justification Report 16 Based on Provincial Guidelines, preliminary areas of significant and potential land use compatibility issues associated with the future Wastewater Treatment Plan and existing surrounding industrial uses have been identified. These signal where residential uses, or other sensitive land uses, cannot be permitted; and, where they may be permitted where more additional site-level studies demonstrate that land use compatibility issues can be mitigated. These mapped constraints were used to inform the development of the GBSP Land Use Plan. More detailed policies will be included in the GBSP in Phase 3 of the project, based on recommendations arising out of the next phase of the Land Use Compatibility assessment work program. Infrastructure (included within the Existing Conditions and Background Review Report) At present, there is no wastewater servicing and there is only partial water servicing in the GBSP area. As noted previously, the New South Niagara Falls Wastewater Treatment Plant will be constructed within the GBSP area, which will have capacity to accommodate flows from project growth up to 2041 and allow for future expansion to accommodate post-2041 growth. More detailed infrastructure analysis and a Phasing Strategy will be prepared in Phase 3 of the GBSP Project, to ensure that projected future growth in the area occurs in an orderly fashion and in alignment with servicing capacity. 2.2.3 Opportunities and Constraints There are several fixed factors which are not expected to change and accordingly the following items are considered to be foundation assumptions which underpin the technical analysis and the Secondary Plan, including: • The delineated boundary of the Dynamic Employment Area as set out in the Provincially Approved new Region of Niagara Official Plan; • Employment density targets established by the Region for the Dynamic Employment Area; • Greenfield density targets within portions of the Secondary Plan area that are identified as Greenfield Areas in the local and Regional Official Plans; • Intensification targets within portions of the Secondary Plan area that are identified as Built Up Areas in the local and Regional Official Plans; • The location of the South Niagara Falls Wastewater Treatment Plants; and, • The location and buffers associated with any delineated provincially significant wetlands. Preliminary opportunities to accommodate growth, as identified in the Existing Conditions Report include the following: • Lands located along the Welland River should be subject to heritage and design guidelines to provide opportunities for enhanced pedestrian connectivity and active transportation, and to ensure development compatibility; Page 278 of 735 Phase 1 and 2 Technical Analysis and Engagement Results City of Niagara Falls Grassy Brook Secondary Plan | Planning Justification Report 17 • A recreational node and enhancements to existing public recreation accesses should be identified, in collaboration with the community through the public process; • Policies and guidelines should be included to for the development design of new industrial and residential uses and to protect sight lines; • Gateways should be introduced at key entrance areas to Grassy Brook, including near the Boating Club and at the highway access; • Existing local and Regional transit should be expanded over time in alignment with future growth projections; • A new collector road network should be identified, that considers the limitations of the current network as it relates to Ministry of Transportation (MTO) requirements; • The existing village residential area south of Rexinger Road should be planned to provide opportunities for moderate intensification in the future to meet growth projections and targets; and, • A multi-use trail along the Welland River and Lyon’s Creek shorelines should be considered. Preliminary constraints, as identified in the Existing Conditions Report include the following: • Natural heritage features and their buffers will need to be identified, and could limit developable areas; • Current unsignalized intersections may require upgrades and signalization; • Additional consultation with the MTO may be required as it relates to potential road networks in proximity to interchanges or within MTO Permit areas; and, • A servicing strategy and phasing plan will need to be identified. 2.3 Summary of Engagement and Consultation Activities and Outcomes 2.3.1 Technical Advisory Committee As noted previously, The GBSP TAC was assembled at the outset of the project to provide input on key areas of technical work completed by the consulting team as it relates to specific areas of expertise and interest. The TAC consists of representatives from the City of Niagara Falls, Niagara Region and the NPCA, with the following departments/ areas of technical expertise represented: • City Planning; • Regional Planning; • City Transportation; • Regional Transportation; Page 279 of 735 Phase 1 and 2 Technical Analysis and Engagement Results City of Niagara Falls Grassy Brook Secondary Plan | Planning Justification Report 18 • City Engineering; • Regional Engineering; and, • NPCA, Environmental Planning and Policy. Additional technical experts, including representatives from the MTO, have been invited to attend key TAC meetings as well to provide input as it relates to transportation impacts and issues adjacent to MTO operated roads. As of the writing of this report, three meetings with the TAC have occurred: • The first TAC meeting was held in the winter of 2023 and presented the preliminary findings from the Existing Conditions review and obtain formal comments on the Existing Conditions report, which was provided for their written comment following the meeting. Comments were provided by all TAC members and incorporated into the Existing Conditions Report prior to public release. • The Second TAC Meeting was held in the summer of 2023 and focused on discussing the vision and principles for the Secondary Plan and identifying preliminary conceptual land use options. • The third TAC meeting was held in the Winter of 2024, and focused on obtaining more detailed feedback on the land use options for Grassy Brook, with comments incorporated into a revised land use option for public consultation purposes. Two more TAC meetings will occur in Phase 3 of the project, where the primary focus will be to obtain technical input on the Secondary Plan policies and mapping. 2.3.2 Community Focus Group As noted previously the GBSP CFG was assembled at the outset of the project. The primary role of the CFG is to support the generation of a vision statement, goals, objectives and priorities for the GBSP and provide local insights and perspectives to compliment the technical input provided to the consulting team by the TAC. Additionally, the CFG acts as ambassadors at the various public engagement sessions offered throughout the project. A public expression of interest notice was issued soliciting members of the CFG on February 17, 2023. The notice requested that those wishing to be part of the CFG submit applications by March 3, 3034. 33 applications were received for City staff to review and select members. Following review of applications, City staff selected eleven (11) members to form the CFG which were confirmed on March 29, 2023. The names of the CFG Members are provided below for reference: • Gianluca Agostoinelli2; • Sean Burrows; 2 Note: this CFG member resigned from the group in 2024. Page 280 of 735 Phase 1 and 2 Technical Analysis and Engagement Results City of Niagara Falls Grassy Brook Secondary Plan | Planning Justification Report 19 • Art Federow; • Alan Filer; • Stanlee Hickey; • Leslie Laan; • John Morocco; • Joe Mrozek; • Michelle Tiffney; • Mike Verbeem; and, • Sarah Ward The CFG is scheduled to convene five times over the project lifecycle, each meeting lasting approximately 1.5 hours. The first CFG meeting occurred in the spring of 2023 and focused on providing an overview of the project and Secondary Plan process. This gave an opportunity for members to ask questions to better understand the purpose and outcomes of the project and gave the project team a starting point in understanding what members of the community might identify as key priorities and areas of importance for the future development of the Grassy Brook area. The second CFG meeting occurred in the summer of 2023 was used brainstorm and discuss the preliminary vision and principles for the Secondary Plan. Feedback provided by the group both at the meeting and in follow-up written comments were used to develop a vision statement, goals and objectives for the Secondary Plan to be released for broader public comment on the project’s webpage. The third and fourth CFG meetings occurred in the late winter and early spring of 2024 and were used to present the Phase 1 Subwatershed Study work and the preliminary land use plan. At the third meeting, representatives from AquaforBeech attended and answered questions from the CFG related to the Phase 1 Subwatershed Study findings. At the fourth meeting, CFG members were asked to provide feedback on the preliminary land use designations and preliminary road network. As an outcome of this meeting, the project team made revisions to the preliminary land use plan and road network prior to presenting these to the broader public at an open house and releasing it for public comment. One more CFG meeting will occur in Phase 3 of the project, where the primary focus will be to obtain CFG input on the Secondary Plan policies and mapping. Page 281 of 735 Phase 1 and 2 Technical Analysis and Engagement Results City of Niagara Falls Grassy Brook Secondary Plan | Planning Justification Report 20 2.4 Online Engagement At the outset, a project engagement page for the Grassy Brook Secondary Plan was created on the City of Niagara Falls’ Lets Talk website (https://letstalk.niagarafalls.ca/grassy-brook- secondary-plan). The engagement page is the public’s online touch point to get updates and information on the project. The page includes a description of the project, project lifecycle (project phase description and timeline), and contact information of staff on the project. As the project has progressed, the page has been updated to include key background documents, engagement event information and materials, and other key messages to keep residents informed. The Let’s Talk Page will continue to be updated as the project progresses to provide further information on the Secondary Plan development, upcoming engagement events, and other opportunities for the community to provide feedback online. 2.5 Phase 1 Public Engagement 2.5.1 Public Open House A Public Open House was held on April 13, 2023, from 6:00pm to 8:00pm at the McBain Community Centre. Approximately 35 people attended the event. The purpose of the Open House was to present the project purpose and background, answer questions, and gather feedback and input on the vision, priorities, and opportunities and challenges for the Secondary Plan area to be considered in the next phase of the Secondary Plan development. The meeting started with a brief presentation from the project team that included information on land use planning in Ontario, what a Secondary Plan is, background information on the Grassy Brook area, planning targets and growth anticipated in the Niagara region, the project process, and an overview of the opportunities and constraints identified in the background studies so far. Following the presentation, participants had an opportunity to ask questions to the project team. Page 282 of 735 Phase 1 and 2 Technical Analysis and Engagement Results City of Niagara Falls Grassy Brook Secondary Plan | Planning Justification Report 21 Project information was also available on display boards where participants could post comments on interactive boards and engage with project team members one-on-one to provide comments or ask questions. Display boards included the following activities: • Use sticky notes to map out opportunities, constraints, and ideas for the Secondary Plan area. • Place a sticker on the 3 elements you feel are most important for the development of the Secondary Plan. Options included: o Protection of natural heritage features o Development / design guidelines o Provision of parks and open spaces o Provision of a wide range of housing options o Phasing and servicing growth o Fiscal impacts of growth o Access to commercial and community facilities o Character of future development o Transportation linkages and connections / active transportation linages and connections This information was also published on the project’s Let’s Talk page for information and to provide an opportunity for those who were not able to attend in -person to participate and submit feedback. The following section summarizes feedback gathered at the Public Open House (copies of the presentation and display boards are included at Appendix A for further reference). Opportunities Participants identified the following opportunities for the GBSP area: • Heritage design guidelines and public art along the river; • A complete community with a mix of housing types, local commercial, open spaces and trails; • Expanded transit service; • A gateway to the Grassy Brook community from the highway; Page 283 of 735 Phase 1 and 2 Technical Analysis and Engagement Results City of Niagara Falls Grassy Brook Secondary Plan | Planning Justification Report 22 • Design and develop new employment areas; • Enhance area through urban design; and, • New recreational areas. Constraints Participants identified the following constraints for the GBSP area: • Existing natural heritage areas require protections or buffers; • Outcomes of cultural heritage and archaeological studies will determine the developable area; • Developable area limits subject to outcomes of a Subwatershed Study; • No existing sanitary servicing; • Limited control in timing and desire of private landowners; and, • Existing uses. Ideas and Suggestions Participants contributed the following ideas and suggestions for the project team to consider in future phase of the Secondary Plan process: • Cycling and walking routes to employment areas from residential areas; • Promote transit within and to the Secondary Plan area; • Protect species at risk and endangered species; Page 284 of 735 Phase 1 and 2 Technical Analysis and Engagement Results City of Niagara Falls Grassy Brook Secondary Plan | Planning Justification Report 23 • Consider additional environmental studies that go above and beyond minimum requirements; • Provide buffers around environmentally sensitive areas and wetlands; • Provide ecopassages and wildlife linkages; • Traffic flow management within the Secondary Plan area and to the neighbouring communities; • Maintain and enhance strong biodiversity in the area; • Ensure urban design compliments existing built form; • Sustainable development and infrastructure; • Protect the natural environment; • Promote parkland, recreation, and open spaces; and, • Employment uses should provide high paying quality jobs. Priorities for the Secondary Plan Participants identified the following priorities for the Secondary Plan: • Protection of natural heritage; • Provision of parks and open space; • Provision of a wide range of housing; and, • Transportation linkages and connections and active transportation linkages and connections. Feedback from the Public Open House was used to inform the vision for the Secondary Plan area, identify community priorities and key areas of focus for the Secondary Plan, and identify ideas, opportunities and constraints to be considered in the land use concepts. 2.5.2 Stakeholder Interviews As noted in the Existing Conditions Report, understanding developer interests and long-term development aspirations of landowners is important. As such, in the summer of 2023, virtual interviews were held with three landowners holding large parcels in Grassy Brook with the purpose of understanding developer interests and their long-term development aspirations. Figure 2.4 identifies the approximate locations of the various landholdings of those who were interviewed. Page 285 of 735 Phase 1 and 2 Technical Analysis and Engagement Results City of Niagara Falls Grassy Brook Secondary Plan | Planning Justification Report 24 Figure 2.4: Approximate Locations of Landholdings of Interviewees The interviews were semi structured and lasted approximately 1 hour each, occurring on June 5, 2023, June 14, 2023 and September 6, 2023 . A summary of the interview guiding questions are provided below: • What is your vision for community change and the achievement of complete communities for the development of your landholdings? o How do you envision achieving connectivity, cohesiveness, and integration with the rest of the lands in the secondary plan area —are there opportunities for connectivity? • What are the greatest opportunities and constraints to developing a land use vision and concept for Grassy Brook, in your opinion? • What key things should we consider in developing vision, goals and objectives to guide the secondary plan? • In terms of employment uses, what type of employment would best fit with the known givens (for example, the Wastewater Treatment Plant)? • Where do you see opportunities for commercial/ retail uses? • Where do you see opportunities for public realm improvements? • What areas do you feel should be subject to more detailed urban design guidance? • Where do you see opportunities for public amenities, such as parks, community uses, trails, etc.? Page 286 of 735 Phase 1 and 2 Technical Analysis and Engagement Results City of Niagara Falls Grassy Brook Secondary Plan | Planning Justification Report 25 • (Where applicable) We are in receipt of some of the material submissions you’ve made to the City through the planning act applications, beyond those that are publicly available and that we already have, is there any information you’d like to share with us with respect to your development plans and aspirations for your landholdings (and beyond)? • Do you have any other information that you might want to share that the project team may benefit from as we move forward? • Are you currently registered to be notified of updates on the project through the Let’s Talk page, or otherwise? How would you like us to engage with you and your team moving forward? How would you like to stay involved? Have you been following the progress of the secondary plan process? • Is there anything else you’d like to discuss today? • Next Steps and key dates and conclusion/close out A high-level summary of the feedback provided is as follows: • Preference for a flexible policy approach for residential and mixed use designations, rather than more specific geographic delineation of low-, medium- and high-density residential blocks; • Preference for a commercial and/or mixed use buffer along Stanley Avenue to transition into residential uses on the interior of the site located on the east side of Stanley Avenue; • The need for strong urban design elements for all land uses that are consistent and focused on tree plantings, age friendly communities, pedestrian comfort and safety, street furnishings, signage, and general placemaking, • Ensure guidelines, policies and any implementing regulations allow flexibility for more modern built forms; • Desire for the inclusion of site-specific policies to allow uses, forms and densities as contemplated in various development schemas prepared; • Recognition of difficulties associated with obtaining MTO permits; • Consider looking for key opportunities for intensification in strategic areas to balance constraints in other areas; • Issues with fragmented land ownership along the shoreline and the hydro canal system; • Acknowledgement and identification of servicing constraints and potential impacts on timing of development; • The desire for more mixed use within the community to achieve multiple targets , including affordable housing; • Costs associated with development as it relates to environmental protection, archaeological constraints, remediation, etc. potentially being prohibitive of industrial development; • Opportunity to introduce a trail system along the Welland River; Page 287 of 735 Phase 1 and 2 Technical Analysis and Engagement Results City of Niagara Falls Grassy Brook Secondary Plan | Planning Justification Report 26 • Importance of the protection of environmental and natural features and the opportunity to leverage this for recreational opportunities; • Concerns with property taxes, Municipal Property Assessment Corporation classifications and land valuations; • Discussion related to the changing policy environment respecting employment lands designations; • There is potential for a commercial node or corridor along Rexinger Road; and, • There is potential for a commercial node or corridor along Stanley Avenue . 2.6 Phase 2 Public Engagement 2.6.1 Public Open House The second Public Open House was held on April 11, 2024, from 6:00pm to 8:00pm at the McBain Community Center. Approximately 55 people attended the event. The purpose of the Open House was to provide project updates, present the draft vision and principles, and present and gather feedback on the draft land use concept. The meeting began with a brief drop-in period where attendees could review project information on display boards and engage with City of Niagara Falls staff and Dillon Consulting staff. Shortly after the meeting started, a brief presentation was delivered on project updates, the draft vision and principles, and an overview of the preliminary land use concept. Following the presentation, participants were encouraged to engage with project team members one-on-one by the display boards to ask questions, and to give feedback by posting comments on interactive boards. Display boards were divided up by specific topic area and focused on obtaining feedback on land use designations. Prompting questions were included in order to help attendees provide input, as summarized below (Appendix B includes a copy of the presentation and boards for further reference): Page 288 of 735 Phase 1 and 2 Technical Analysis and Engagement Results City of Niagara Falls Grassy Brook Secondary Plan | Planning Justification Report 27 Employment and Commercial Designations Display Board The following prompting questions were included on the board: • Do you support the introduction of a commercial node and corridor to buffer future residential development east of Stanley Avenue and south of Reixinger Road? • What design elements should we promote in this area to support community building? • What types of Commercial uses would you like to see? • What types of Employment uses would you like to see? • What else do you think we should be considering as it related to employment and commercial designations? Participants noted the following about the employment and commercial designations: • Building design to promote energy efficiency and sustainability; and • Employment uses should not include manufacturing and should focus on lower-impact employment uses. Residential and Mixed-Use Designations Display Board The following prompting questions were included on the board: • In order to promote broader housing choices and affordability, in the area east of Stanley Avenue, we are exploring allowing medium density use s, with heights between 3 to 6 storeys. Do you support this approach? • To balance environmental protection with new development, in the proposed residential areas on the north and south sides of Lyon’s Creek Road, do you support permitting low and medium density uses with heights up to 3.5 storeys? • What else do you think we should be considering as it relates to the residential and mixed-use designations? Participants noted the following about the residential and mixed -use designations: • Use Urban Design Guidelines to promote high quality building materials; • Promote higher-density residential to limit developed area; • Include affordable housing; and, • Promote access to Welland River and Lyons Creek. Preliminary Road Network Display Board The following prompting questions were included on the board: • Do you support the proposed new collector road network? • Are there additional trail connections that could be introduced to support passive recreation and connectivity? Page 289 of 735 Phase 1 and 2 Technical Analysis and Engagement Results City of Niagara Falls Grassy Brook Secondary Plan | Planning Justification Report 28 • What else do you think we should be considering as it relates to developing a road network for Grassy Brook? Participants noted the following about the preliminary road network: • Include wildlife corridors and passes over roads; • Some participants noted that they supported the planned trails with in the natural areas, and others noted the desire to see no trails in the natural area; • Some participants did not support the proposed collector road; and , • Promote active transportation through sidewalks and bike lanes. Feedback on the Preliminary Land Use Concept Overall, participants were supportive of the preliminary land use concept, in particular noting support for the environmentally protected areas, and the environmental protections that limit the size of the lands that are developable. Participants contributed the following additional comments on the preliminary land use concept: • Ensure there are adequate buffers around natural areas to protect natural areas and wildlife; • Protect wildlife habitat; • Protect Lyons Creek; and, • Area in northwest corner of the Secondary Plan area identified as potential residential should be designated as open space / conservation. General Comments and Questions Participants noted the following comments about the Grassy Brook Secondary Plan: • Plan for higher-density housing to lessen the impact of development on the natural spaces; • Plan for active transportation and public transit; • Enhance the natural areas and link natural areas to the urban design and built form; • Encourage connections to the Welland River; • Plan for climate change impacts to the area such as flooding and extreme heat and rain; • Protect biodiversity; and, • Ensure there is adequate infrastructure to support the new development. Some participants had the following questions: • What is being proposed for stormwater management? • If the City plans for an urban boundary expansion in another area, would that eliminate the need for planned growth in the Grassy Brook area? • Will mapping be updated for the Secondary Plan area if further environmental studies take place? Page 290 of 735 Phase 1 and 2 Technical Analysis and Engagement Results City of Niagara Falls Grassy Brook Secondary Plan | Planning Justification Report 29 Additional detailed written comments were provided by a number of attendees, both at the event and via e-mail following the event. Feedback received at the event and following the event, up to May 16, 2024, along with technical input from the TAC and comments from the CFG have been used to inform revisions to the land use concept and road network, with the recommended land use plan presented in the next chapter of this report. Page 291 of 735 Land Use Concept City of Niagara Falls Grassy Brook Secondary Plan | Planning Justification Report 30 3.0 Land Use Concept Based on the input received from the TAC, CFG, and the Community at large, the recommended land use plan and community structure for the Secondary Plan is shown in Figure 3.1. In addition to feedback from stakeholders, several considerations helped to shape the overall land use concept. Firstly, the subwatershed study findings provide a high-level guidance for which parts of the Secondary Plan area are suitable for development and which areas would need to be protected. In addition, t he Niagara Region Official Plan (2022) identifies the importance of protecting designated employment lands for long term use. Schedule G of the Niagara Region Official Plan identifies large portions of the Secondary Plan Area as Dynamic Employment, which are expected to be retained for future employment opportunities within the Montrose Road Industrial Area. Within this Dynamic Employment designation, the Region has reserved a portion of these lands for the future South Niagara Falls Wastewater Treatment Plant. The location, need and planned function for employment uses in the Secondary Plan area were further informed by the City’s Industrial Lands Strategy and subsequent Page 292 of 735 Land Use Concept City of Niagara Falls Grassy Brook Secondary Plan | Planning Justification Report 31 Official Plan Amendment 146 (adopted by Council in April 2023) which identified the need for employment lands in this general area. To address aspects of land use compatibility associated with the employment lands and the future wastewater treatment plant, the land use concept includes commercial and mixed use areas to allow for an appropriate degree of transition, ensuring the protection of employment uses while also allowing for a degree of economic diversification. Finally, the land use concept recognizes the importance of providing for a range of housing opportunities and identifies several locations for residential development. The following subsections provide a more detailed description of each recommended land use designation, the planned function, permitted uses, heights, and densities to be used to guide the development of the secondary plan policies in the next phase of the project. Additionally, a build-out assessment has been completed on the recommended land use plan, which identifies the future number of persons, jobs and housing units that could be expected to develop over the course of time. Page 293 of 735 Land Use Concept City of Niagara Falls Grassy Brook Secondary Plan | Planning Justification Report 32 Figure 3.1: Recommended Land Use Plan Page 294 of 735 Land Use Concept City of Niagara Falls Grassy Brook Secondary Plan | Planning Justification Report 33 3.1 Recommended Land Use Plan and Community Structure 3.1.1 Residential (Built-up Area) The area to the north of Lyons Creek Road and east of Stanley Avenue has been identified as Residential (Built-up Area) and comprises approximately 31 ha (6%) of the GBSP Area. The area is identified in yellow on the Recommended Land Use Plan. Planned Function: The planned function of the Residential (Built-up Area) area is to accommodate anticipated population growth and the need for various housing types and densities throughout the planning horizon of the Secondary Plan in alignment with the housing mix targets established for residential lands within the Built-up Area, primarily through higher intensity development. There is potential for the Residential (Built-up) designation to accommodate approximately 700 residential dwelling units (2,000 people) A diverse housing stock with a range of tenures, sizes, and types will be made available to meet the needs of the community. Permitted Uses: Permitted uses in the Residential (Built-up Area) area will include a limited amount of single-detached dwellings, semi-detached dwellings, the full range of townhouse typologies, mid-rise apartments, and live/work lofts. Height/ Density Range: Heights in the Residential (Built-up Area) area will range between 2 to 6 storeys to promote broader housing choices and affordability. A minimum residential density of 50 units per net hectare will need to be achieved, on average, in this area in order to achieve the anticipated growth. Justification Summary: Lands within the Built-up Area are set aside to accommodate a portion of the City’s 2051 forecast growth through intensification at higher densities and in a more compact built form. As the area is surrounded by environmental features and buffers to the north and south, development will be subject to the appropriate studies. The Residential (Built-up Area) area provides an opportunity to support the demand for housing and meet a number of local, Regional and Provincial growth-related objectives, where future studies demonstrate that impacts to environmental features can be mitigated. Further, the area provides an opportunity to support the City and Region’s tasks to retain, protect, and increase the supply of affordable housing for low- and moderate- income households. In alignment with the Region’s Housing and Homelessness Action Plan, the Secondary Plan will support the provision of a range and mix of housing Page 295 of 735 Land Use Concept City of Niagara Falls Grassy Brook Secondary Plan | Planning Justification Report 34 options that are essential for the creation of complete communities and support the regional economy. 3.1.2 Residential (Designated Greenfield) The areas to the north and south of Lyons Creek Road have been identified as Residential (Designated Greenfield) and comprise approximately 22 ha (5%) of the GBSP Area. The areas are identified in orange on the Recommended Land Use Plan. Planned Function: The planned function of the Residential (Designated Greenfield) areas is to accommodate future residents in a low to medium den sity built form. There is potential for the Residential (Designated Greenfield) Designation to accommodate approximately 400 residential dwelling units (1,300 people) Permitted Uses: Permitted uses in the Residential (Designated Greenfield) areas include single and semi-detached dwellings, standard townhouses and live/work lofts. Live-work style development will be permitted in the proposed residential area on the north and south sides of Lyon’s Creek Road to allow for home -based businesses. Height/ Density Range: Heights in the Residential (Designated Greenfield) areas will be up to 3.5 storeys to balance environmental protection with new development and maintain compatibility with existing development in the proposed residential areas on the north and south sides of Lyon’s Creek Road. A minimum residential density of 40 units per net hectare will need to be established in this area in order to achieve the anticipated growth and meet the local policy directive of achieving a minimum density of 53 residents and jobs per hectare in the Designated Greenfield Area. Justification Summary: A portion of the GBSP Area is recognized as a Designated Greenfield area as set out in the Growth Plan. Lands in the Designated Greenfield Areas are intended to develop as complete communities at a smaller scale than their urban area counterparts. In addition to the Residential (Built-up Area), these areas provide an opportunity to support the demand for housing. Compatibility issues and constraints have been identified due to the areas being located along a regional road, proximate to the future Wastewater Treatment Plant, and existing industrial uses which will require land use compatibility studies to be completed prior to residential development occurring. In addition, given the areas proximity to environmental features and buffers, such as Lyons Creek, further environmental studies may be required prior to development to demonstrate that impacts to environmental features can be mitigated. Page 296 of 735 Land Use Concept City of Niagara Falls Grassy Brook Secondary Plan | Planning Justification Report 35 3.1.3 Commercial The areas to the north of Lyons Creek Road, to the south of Reixinger Road and to the east of Stanley Avenue have been identified as Commercial and comprise approximately 21 ha (4%) of the GBSP Area. The areas are identified in red on the Recommended Land Use Plan. These areas are situated along major arterial highways in the City. Due to their proximity to the highway, they are heavily used by local businesses in the existing industrial park, and will likely be used by future employment users as the Dynamic Employment Area develops over time. Planned Function: The planned function of the Commercial areas has two primary functions. Firstly, Commercial lands are planned to accommodate commercial and retail uses to service future residential and employment uses within and nearby the Grassy Brook Secondary Plan Area, supporting the area’s development as a complete community. The classification of commercial areas recognizes the specifications for different types of commercial businesses and addresses varying functions of commercial areas to meet the needs of residents. There is potential for the commercial designation to accommodate approximately 680 population-related jobs (depending the range and type of commercial uses). In addition to this, the lands identified for Commercial uses are also intended to provide a transition between employment uses, the future Wastewater Treatment Plant and Grassy Brook’s residential areas, recognizing that there is a need to provide physical separation between residential and employment uses. This secondary function requires that the Commercial areas maintain a flexible approach to permitted uses to minimize the potential for compatibility issues to arise over time as the area develops. Permitted Uses: Permitted uses in the Commercial areas will include a range of personal and professional uses, such as, but not limited to small scale retail, doctor’s offices, personal services, gyms, restaurants, drive -thrus, gas stations, as well as auto repair shops, car dealerships, as well as uses that may support the function of the Dynamic Employment area. Height/ Density Range: Heights in the Commercial areas will be up to 2 storeys to promote compatibility between the potential residential uses along Lyons Creek Road . Development in the Commercial designation will support the achievement of the overall density target of 53 persons and jobs per hectare. Page 297 of 735 Land Use Concept City of Niagara Falls Grassy Brook Secondary Plan | Planning Justification Report 36 Justification Summary: Land identified as Commercial provide transitional buffers between future and existing employment uses and future residential development, where technical analysis has identified land use compatibility issues. The Commercial area will also provide opportunities for both residents and employees to access services to support their daily needs within close proximity to where they live and work. The Commercial areas are situated strategically along Stanley Avenue and Reixinger Road, which have been identified as nodes/corridors. Stanley Avenue may provide opportunities for locally serving commercial uses to support future residents who will one day live where the Oak Lands Golf Course currently exists. Further environmental studies may be required prior to development to demonstrate that impacts to environmental features can be mitigated. 3.1.4 Mixed-Use The area immediately to the east of Stanley Avenue has been identified as Mixed-Use and comprises approximately 16 ha (3%) of the GBSP Area. The area is identified in pink on Recommended Land Use Plan. Planned Function: The planned function of the Mixed Use area is to support the creation of a transitional buffer between industrial and commercial uses and future residential uses. This designation will allow a mixture of commercial and residential uses as standalone buildings or mixed use buildings with commercial uses at grade and residential uses above where land use compatibility with adjacent employment can be achieved. Given the identified land use compatibility issues associated with existing industrial operations, as well as future industrial operations in the Dynamic Employment area, the potential for residential uses in this area may be limited. Conservative assumptions indicate that there could be potential for this area to accommodate around 200 units (500 people) and 200 population-related jobs. Permitted Uses: Permitted uses in the Mixed Use area may include, mid-rise apartments, live/work lofts, mixed use buildings, small scale retail, doctors offices, personal services, gyms, and restaurants. Height/ Density Range: Heights in the Mixed Use area will range between 2 to 6 storeys New development in this area will be at densities that support the City in meeting intensification targets and other growth objectives for the Built-up Area. Justification Summary: The Mixed Use area is nestled between the Commercial area to the west and the Residential (Built-up Area) area to the east, providing a transition between the two areas. Given the proximity to future commercial development to the west, compatibility issues and constraints have been identified, requiring land use Page 298 of 735 Land Use Concept City of Niagara Falls Grassy Brook Secondary Plan | Planning Justification Report 37 compatibility studies. In addition, as the area contains environmental features and buffers, development will be subject to further study. 3.1.5 Dynamic Employment The areas to the north of Reixinger and to the west of Stanley Avenue have been identified as Dynamic Employment and comprise approximately 130 ha (26%) of the GBSP Area. It will be the site of the new South Niagara Falls Wastewater Treatment Plant, which is required to be constructed to address infrastructure capacity issues in the Regional system in order to meet post-2031 growth servicing needs. The areas are identified in blue on the Recommended Land Use Plan. Planned Function: Dynamic Employment areas are clusters of traditional and lighter industrial uses with a broader mix of employment uses including office parks and institutional uses. The planned function of the Dynamic Employment area is to accommodate a mix of complementary employment uses that do not limit the ability for other employment uses within the employment area to grow or expand. On lands outside of the future Wastewater Treatment Plant, the Dynamic Employment area will need to accommodate 1,394 jobs in order to meet the required 20 jobs per hectare target. Permitted Uses: Permitted uses in the Dynamic Employment areas will include office parks, professional services, institutional uses, government uses, research and development, light manufacturing and processing and warehouse uses. Height: Heights in the Dynamic Employment areas will be up to 2 storeys. Development in the Dynamic Employment designation Justification Summary: As noted in the Existing Conditions Report, there are a number of givens and “factors that cannot change” that the project team must work within to achieve conformity with Regional and Provincial policy direction. This includes implementing the Regionally designated Dynamic Employment area and protecting this area for employment uses over the long-term; and, ensuring that appropriate land use compatibility buffers and policies are put in place to support the development of the approved Wastewater Treatment Plant. Based on the analysis completed by Watson, the Industrial Land Strategy indicated a shortfall of 76 gross hectares of employment land required to accommodate forecast employment demand to 2051 (assuming a density of 25 jobs per hectare and identifying Page 299 of 735 Land Use Concept City of Niagara Falls Grassy Brook Secondary Plan | Planning Justification Report 38 the future Wastewater Treatment Plant as non-developable). When environmental protection areas and the future Wastewater Treatment Plant are netted out, approximately 85 hectares of land remain, which is slightly more than the 76 gross hectares identified as required. The Dynamic Employment area will permit the development of employment uses to meet the Region’s plan requirement of 20 jobs per hectare. Given the proximity to existing industrial uses and recognizing that the Waste Water Treatment Plant will exist in the area in the future, potential land use compatibility constraints have been identified, limiting residential growth in the area. Residential and commercial uses may develop on the south side of Rexinger Road, outside of the Employment Area, where compatibility studies demonstrate this can be achieved. 3.1.6 Open Space The area in the north-west corner has been identified as Open Space and comprises approximately 11 ha (2%) of the GBSP Area. The area is identified in light green on the Recommended Land Use Plan. Planned Function: The planned function of the Open Space area is to conserve key features, specifically the Baden- Powell Park within the Welland River East Wetland Complex, which includes an existing trail network. Permitted Uses: Permitted uses in the Open Space area will include small scale, passive recreational uses and accessory uses (e.g., trails, boardwalks, footbridges, fences, docks, picnic facilities) on these lands, so long as they do not interfere with the natural heritage features or their functions. In addition, the area could be equipped with pedestrian amenities to support them (i.e., pedestrian-scaled lighting, benches, waste receptacles). Planning Justification: The land use concept is based on a review of existing natural heritage features, specifically the Baden-Powell Park within the Welland River East Wetland Complex within the GBSP Area. Page 300 of 735 Land Use Concept City of Niagara Falls Grassy Brook Secondary Plan | Planning Justification Report 39 3.1.7 Environmental Protection Approximately 236 ha (48%) of the GBSP Area is identified as Environmental Protection. The areas are identified in green on the Recommended Land Use Plan. Planned Function: The planned function of the Environmental Protection areas is to preserve the natural heritage of the area through protections or buffers. Permitted Uses: Development in areas identified as Environmental Protection is prohibited. Height/ Density Range: Development in areas identified as Environmental Protection is prohibited. Justification Summary: The land use concept is based on a review of existing natural heritage features, including Significant Woodlands, Provincially Significant Wetlands, and various other environmental features that are to be identified through the environmental studies of the GBSP, and reviewed by the Region of Niagara and NPCA. Additional policy recommendations for implementing the outcomes of the Subwatershed Study will be incorporated into the Secondary Plan, as appropriate. 3.2 Recommended Transportation and Active Transportation Network The recommended transportation plan is shown on Figure 3.2. The proposed changes to the area will provide the needed multi-modal capacity and access to support the growth of the Secondary Plan area. Specific recommendations include: • Potential opportunity to re-connect Reixinger Road with a highway overpass, which would provide connectivity to the west; • New north/south Collector Roads connecting the future employment area to Lyons Creek Road; • New east/west Collector Road connecting the future residential area to both Stanley Avenue and Lyons Creek Road; • Dell Road to be closed, given proximity of road to interchange (MTO requirement); and, • Potential intersection upgrades where new and existing collector roads connect to the Arterial road network. Page 301 of 735 Land Use Concept City of Niagara Falls Grassy Brook Secondary Plan | Planning Justification Report 40 There are three trails proposed: • A riverside trail that would run along Welland River, along the north boundary of the Secondary Plan Area; • A trail along Lyons Creek Road that would connect to the existing trail to the east; and, • A north/south trail that would connect these two segments. These three proposed connections would bring together the two disconnected networks, which would allow for easier movement in the community and enhance the larger network. The Lyons Creek Road trail extension would allow for easier east-west movement of the study area, and the north-south trail would create a direct connection between portions of the study area that are constrained by large swaths of environmentally protective land. The riverside trail would allow for the fulfillment of people’s attraction to the water, encourage waterside viewing, and provide an amenity for the future population and businesses that may abut this alignment. It could also act as an amenity to draw people into and through the study area for recreational purposes. Page 302 of 735 Land Use Concept City of Niagara Falls Grassy Brook Secondary Plan | Planning Justification Report 41 Figure 3.2: Recommended Transportation Plan Page 303 of 735 Land Use Concept City of Niagara Falls Grassy Brook Secondary Plan | Planning Justification Report 42 3.3 Growth Estimates The following section summarizes the growth estimates for the Grassy Brook Secondary Plan Area. The growth estimates are intended to provide a high-level estimate of growth potential based on the land use concept presented in Section 3.2. The growth estimates identify the physical potential for growth and do not represent a market projection of what will occur, rather the estimates outline one scenario of how population, employment and housing could play our over time. The Recommended Land Use Plan could accommodate approximately 3,910 people and 2308 jobs, for a combined total of 6,218 people and jobs. From a housing perspective, the area could add a further 1482 new housing units to the City’s supply, including 622 Low Density, 625 Medium Density, 217 High Density and 19 Accessory Dwelling Units. Table 3.1: Grassy Brook Build-Out Growth Estimates Land Use Designation Gross Area (ha) Units Population Employment Residential (BUA) 31.4 783 2026 0 Residential (DGA) 22.3 466 1354 0 Mixed Use 16.2 233 530 233 Commercial 21.3 0 0 682 Dynamic Employment 87.1 0 0 1394 Totals 178.3 1482 3910 2308 The above noted growth estimates are based on the following assumptions: • Within the DGA, growth will be planned to achieve a minimum of 53 people and jobs per hectare based on the City’s policies. Lower residential densities are intended to respond to unique context and balance development with protecting the creek and other environmental features. • The housing mix for lands within the DGA are based on an overall targe t housing mix of 42% Low Density Residential, 30% Medium Density Residential and 28% High Density Residential. Within the BUA, the target housing mix is 65% Low Density and 35% Medium Density. Within the Mixed Use Areas, the target housing mix for residential is assumed to be 100% Medium Density Residential. • Person per unit (PPU) are based on Hemson Consulting’s Development Charges Background Study (March 2024). • The employment estimates for the Dynamic Employment area are based on a density of 20 jobs/ ha. The employment estimates for Dynamic Employment do not include a specific estimate for the Waste Water Treatment Plant. • Employment estimates for Commercial Areas are based on an average employment density of 50 employees per square metre. Page 304 of 735 Land Use Concept City of Niagara Falls Grassy Brook Secondary Plan | Planning Justification Report 43 • For lands identified as Mixed Use, an overall split of 60% commercial and 40% residential was assumed, in recognition of the uncertainties around land use compatibility in these locations (i.e., the ultimate split between residential and commercial will be subject to further study at the application phase). Page 305 of 735 Policy Directions City of Niagara Falls Grassy Brook Secondary Plan | Planning Justification Report 44 4.0 Policy Directions Based on the feedback received through the Phase 1 and Phase 2 engagement, and technical analysis completed to date, the following section outlines a series of key directions to be considered in Phase 3 of the project and incorporated into the Secondary Plan as appropriate. 4.1 Vision and Principles Vision Grassy Brook is one of the City's major mixed use neighbourhoods, featuring a variety of complimentary residential, commercial, employment and mixed uses nestled along the shores of the Welland River in the City's south end. Grassy Brook is a complete, sustainable and connected community, providing infrastructure, economic development opportunities, a variety of linked recreational spaces and places organized around a well protected, thriving natural heritage system. Page 306 of 735 Policy Directions City of Niagara Falls Grassy Brook Secondary Plan | Planning Justification Report 45 Principle 1: Establish Grassy Brook as a Complete Community Provide opportunities for the efficient use of land, compact urban form, and a mix of uses by encouraging the development of a commercial and industrial node, a wide range of housing, and community infrastructure to support livability and sustainability of the community. Objectives: • To provide parks, recreation, and open spaces for current and future residents and employees while preserving natural heritage. • To promote a mix of land uses, including residential, employment, commercial, and community facilities to support the needs of the community. • To provide a variety of housing opportunities and choices, including affordable housing and supportive housing, to meet the diverse needs of residents. • To ensure the built form is context-appropriate and climate resilient to support land use compatibility, place making and high quality living environments through the provision of urban design guidance. Principle 2: Enhance the Connectivity of the Grassy Brook Area Provide and promote active transportation and transit supportive design while ensuring connections manage traffic flow. Objectives: • To create a well connected community that promotes a variety of mobility options that are safe and encouraging of a multi-modal split. • To enhance the public realm and leverage the natural heritage system to generate an integrated pedestrian and cyclist network throughout the area. • To ensure that all new and improved connections do not interrupt the planned functions of the ecological and natural heritage system. Principle 3: Protect, Preserve and Enhance Natural Heritage Resources To identify, protect, and enhance the existing natural heritage resources by protecting endangered species and biodiversity and strengthening linkages. Objectives: • To ensure that any future development protects the existing natural heritage system and biodiversity of the area and does not have adverse impacts on the planned and intended functions of the existing natural heritage system by identifying buffers, linkages, and eco-passages. • To facilitate a connected system of neighborhood parks, trails, and green infrastructure that are visible and accessible to residents. • To integrate the Welland River and broader natural heritage system into the design, layout, and organization of the public realm. Page 307 of 735 Policy Directions City of Niagara Falls Grassy Brook Secondary Plan | Planning Justification Report 46 • To establish policies that align with the Climate Change Adaptation Implementation Plan to support development that helps to achieve the vision of reducing the Region and the City’s greenhouse gas emissions. Principle 4: Enhance Economic Opportunities and Growth To promote and protect employment areas for long term prosperity while ensuring resiliency through sustainable infrastructure and design. Objectives: • To support opportunities for economic development and job creation by maximizing the potential of employment lands. • To recognize the importance of the nearby Regional Hospital in attracting a range of employment opportunities within the area and the broader community. • To ensure land use compatibility between employment areas and the other planned uses within the area through urban design and other measures. • To provide a framework for the phasing of development to meet local and provincial targets for residential and employment growth while ensuring that growth is fiscally and environmentally sustainable and responsible. • To utilize sustainable urban design and development tools to prioritize climate resiliency. 4.2 Urban Design There are several urban design considerations to help guide development in the Secondary Plan Area. At this time, policy considerations will focus on mobility and connectivity, while other general policy directions for urban design will be brought forth, as this Plan evolves. The active transportation network in the study area is discontinuous and not extensive. There is only one trail loop in the northwest corner of the study area, and one trail that follows the Lyons Creek Road alignment to the east. These trails connect into larger networks that fall outside of the study area. To allow pedestrians to traverse and permeate the study area without having to rely on sidewalks along public roads, the Secondary Plan proposes that trails are added to connect to these existing networks and, in turn, connect the study area to the surrounding neighbourhood. General urban design considerations are provided below for built form, building height and articulation, natural and cultural heritage, and parks and open space: • Built Form: As the existing built form in the area is largely absent, there is an opportunity to implement policy in this Plan that will both help shape the character and guide the nature of development of the study area. As and where appropriate, built form should be designed to respond to the local context (materiality/use of local and sustainable building materials, orientation to Page 308 of 735 Policy Directions City of Niagara Falls Grassy Brook Secondary Plan | Planning Justification Report 47 maximize views to natural heritage areas, etc.), while also incorporate contemporary measures and forms, where appropriate. • Building Height and Articulation: While building heights are determined in alignment with growth forecasts and policies set in the Official Plan, buildings should be articulated in a way that contributes to the comfort of pedestrians on the ground (i.e., prevent overshadowing), while also enhances and frames vistas of views to nearby ecological areas. • Natural and Cultural Heritage: Effort should be made to incorporate water- and natural heritage-oriented features in future development designs, as they would speak to the area’s rich cultural history associated with the local waterways and biodiversity. • Parks and Open Space: Parks, natural areas, and open spaces are abundant in the study area, and significant features should be preserved and enhanced through measures such as naturalization and buffering, tree planting, landscaping. Measures should also be taken to preserve and enhance the urban forest canopy, and utilize Low Impact Development (LID) techniques to slow and capture stormwater onsite to help mitigate the effects of climate change. It is recommended that the following directions be incorporated into the Secondary Plan to guide the development in terms of urban design: 1. Create visually distinct and identifiable developments that contribute to a strong sense of place and community pride, while they respect the character of the area. 2. Foster walkable neighbourhoods through the design of appealing streetscapes, focal points, and destinations, as well as through an extensive and continuous active transportation network. 3. Provide a mix of land uses that meet the needs of current and future residents, including: a range of housing types and designs; parks that are sized to support the area’s projected population growth, schools; commercial areas with amenities to meet residents’ daily needs; and employment opportunities. 4. Design developments that: have context-driven massing and scale; enhance the human experience on the ground; and create vibrant streetscapes. 5. Highlight cultural heritage resources, wherever possible, including preserving and enhancing cultural heritage landscapes (views to waterways and valleys, agricultural vistas, etc.) and having sympathetic designs adjacent to existing development. 6. Protect and enhance natural heritage features through naturalization and expansion, wherever possible. Page 309 of 735 Policy Directions City of Niagara Falls Grassy Brook Secondary Plan | Planning Justification Report 48 4.3 Streets, Transportation and Mobility In addition to including the Transportation Plan shown in this Report as a schedule in the Secondary Plan, the following additional considerations should be included: • The policies of Part 3, Section 1.5 Transportation in the Official Plan for the City of Niagara Falls shall apply to the Grassy Brook Secondary Plan Area; • New and existing roads within the Grassy Brook Secondary Plan Area shall incorporate a Complete Streets approach; o The needs and priorities of all uses shall be balanced within the public right-of-way to allow for the safe and efficient movement of: pedestrians and cyclists of all ages and abilities; transit users and fleet of transit vehicles; goods and services; emergency services; and motorists; o Space shall be allocated for the provision of pedestrian features and amenities, including but not limited to: street furniture; signage and other wayfinding tools; snow and stormwater management; and street trees and other landscaping; o The design of a Complete Street shall have regard for the design criteria outlined in the Region’s Complete Streets Design Manual; and, • The addition of trails in the Grassy Brook Secondary Plan Area shall be developed in accordance with the City’s Transportation Master Plan (2011, or as amended) 4.4 Natural Environment Phase 3 of the project will include further work from the Subwatershed Study team to identify specific mitigation measures and policies to be included in the Secondary Plan, as well as a separate schedule identifying the natural heritage system. 4.5 Infrastructure and Phasing In Phase 3 of the project, the Infrastructure and Phasing team can complete modelling based on the future growth anticipated for Grassy Brook in order to identify the timing for that growth in relation to servicing capacity and local and Regional infrastructure master planning. Phasing policies and an associated schedule identifying the phasing plan will be included in the Secondary Plan. The phasing plan will be prepared in the next phase of the project. 4.6 Land Use Compatibility Phase 3 of the project will include further work from the Compatibility team to identify a set of secondary policies and studies required at the time of development applications to address potential land use compatibility issues and ensure the protection of the Wastewater Treatment Plant. Page 310 of 735 Recommendations and Next Steps City of Niagara Falls Grassy Brook Secondary Plan | Planning Justification Report 49 5.0 Recommendations and Next Steps The City, along with their consulting team, will use the recommended land use plan presented in Section 3 of this report as the basis for preparing the necessary detailed studies required to proceed forward with preparing the Secondary Plan. Once a draft of the Secondary Plan is prepared, it will be made available for public review and comment and will be subject to a formal public meeting under the Planning Act. Page 311 of 735 Appendix A Public Information Centre # 1 Materials Page 312 of 735 Appendix B Public Information Centre # 2 Materials Page 313 of 735 Grassy Brook Secondary Plan Phase 2 Update to Council August 13, 2024 Page 314 of 735 Agenda 1.Project Overview 2.Updates Since Phase 1 Update to Council 3.Vision and Principles 4.Recommended Land Use Concept 5.Recommended Transportation and Active Transportation Network 6.Next Steps Page 315 of 735 Project Overview Page 316 of 735 How Did We Get Here? ●Grassy Brook is one of the City’s last unplanned, unserviced Designated Greenfield Areas ●The area has been identified as an area of change to support growth and development ●Council has approved the creation of a secondary plan for Grassy Brook to proactively and effectively manage growth Page 317 of 735 Land Use Planning System Growth Plan, Planning Act and Provincial Policy Statement Niagara Official Plan and City of Niagara Falls Official Plan Grassy Brook Secondary Plan Zoning By-Law Page 318 of 735 What is a Secondary Plan? ●Vision, goals and objectives ●Land use and urban design ●Transportation and infrastructure ●Environmental Protection and enhancements ●Public participation ●Support the creation of a complete community Page 319 of 735 Project Process Phase 1 Project Start ●Background research ●Examine opportunities / constraints ●Engage with residents and stakeholders Phase 2 Explore Land Use Options ●Work together to develop goals, guiding principles and explore land use options/alternatives ●Present options to residents and stakeholders ●Determine preferred land use options We are here Phase 3 Develop Secondary Plan ●Prepare secondary plan with resident and stakeholder input ●Present Draft Secondary Plan to Council ●Present final Secondary Plan to Council Page 320 of 735 What the Secondary Plan can and can’t do There are some factors that the Secondary Plan cannot influence or change: ●The location of Designated Employment Area ●The location of the future Wastewater Treatment Plant, ●Pre-determined residential and employment density targets There are some factors that the Secondary Plan can influence or change: ●Identify and protect environmental features ●Provide detailed land use and urban design for future development that addresses land use compatibility ●Address infrastructure capacity and transportation needs Page 321 of 735 The Secondary Plan must consider the policy and regulatory framework set out by all levels of government Page 322 of 735 Project Updates Page 323 of 735 Technical Work Completed to Date ●Phase 1 Subwatershed Study ●Phase 1 Transportation Study ●Cultural Heritage Assessment Report ●Stage 1 Archaeological Assessment ●Land Use Compatibility Review ●Phase 1 Existing Conditions Report Page 324 of 735 Opportunities and Constraints Identified Opportunities ●Heritage design guidelines and public art along river ●Include a complete community with a mix of housing types, local commercial, open spaces and trails ●Expand transit service ●Gateway to community for the highway ●Design and develop new employment areas ●Enhance area through urban design ●New recreational areas Constraints ●Existing natural heritage areas require protections or buffers ●Outcomes of cultural heritage and archaeological studies will determine the developable area ●Developable area limits subject to outcomes of a Subwatershed Study ●No existing sanitary servicing ●Limited control in timing and desire of private landowners ●Existing uses Page 325 of 735 Project Engagement Stakeholders and Interested Parties Technical Advisory Committee (TAC) Community Focus Group (CFG) Let’s Talk Page In-Person Public Information Centres Landowner Interviews Page 326 of 735 Priorities for the Secondary Plan •Protection of natural heritage •Provision of parks and open space •Provision of a wide range of housing options •Transportation linkages and connections and active transportation linkages and connections Page 327 of 735 Recommended Vision and Principles Page 328 of 735 Vision for the Secondary Plan Grassy Brook is one of the City's major mixed use neighbourhoods, featuring a variety of complimentary residential, commercial, employment and mixed uses nestled along the shores of the Welland River in the City's south end. Grassy Brook is a complete, sustainable and connected community, providing infrastructure, economic development opportunities, a variety of linked recreational spaces and places organized around a well protected, thriving natural heritage system. Principle 1: Establish Grassy Brook as a Complete Community Principle 2: Enhance the Connectivity of the Grassy Brook Area Principle 3: Protect, Preserve and Enhance Natural Heritage Resources Principle 4: Enhance Economic Opportunities and Growth Principles for the Secondary Plan Page 329 of 735 Recommended Land Use Plan and Community Structure Page 330 of 735 Recommended Land Use Plan Page 331 of 735 Residential (Built-up Area) Approximately 31 ha (6%) of the GBSP Area is identified as Residential (Built-up Area). The area provides an opportunity to support the demand for housing and meet several local, Regional and Provincial growth-related objectives, where future studies demonstrate that impacts to environmental features can be mitigated. The area is identified in yellow on the Recommended Land Use Plan •Permitted uses: the full range of townhouse typologies, mid-rise apartments, live/work lofts and a limited amount of single-and semi-detached dwellings •Permitted heights: 2-6 storeys •Minimum density: 35 units per hectare •Maximum density: 85 units per hectare Page 332 of 735 Residential (Designated Greenfield Area) Approximately 22 ha (5%) of the GBSP Area is identified as Residential (Designated Greenfield Area). The areas provide an opportunity to support smaller scale residential development to achieve anticipated future growth and meet minimum density requirements set out in local, regional and provincial plans. The area is identified in orange on the Recommended Land Use Plan •Permitted uses: single-and semi- detached dwellings, standard townhouses, live/work lofts •Permitted heights: up to 3.5 storeys •Minimum density: 35 units per hectare •Maximum density: 60 units per hectare •Overall density: 53 residents and jobs per hectare Page 333 of 735 Commercial Approximately 21 ha (4%) of the GBSP Area is identified as Commercial. The areas provide opportunities for commercial and retail uses to service future residents and employees and act as transitional buffers between employment uses and residential uses. The commercial areas are identified in red on the Recommended Land Use Plan •Permitted uses: a range of personal and professional uses, such as, but not limited to small scale retail, doctor’s offices, personal services, gyms, restaurants, drive-thrus, gas stations, as well as auto repair shops, car dealerships, as well as uses that may support the function of the Dynamic Employment area. •Permitted heights: up to 2 storeys •Overall density: development to support achievement of 53 residents and jobs per hectare Page 334 of 735 Mixed Use Approximately 16 ha (3%) of the GBSP Area is identified as Mixed Use. The area provides opportunities to support the creation of a transitional buffer between industrial and commercial uses and future residential uses. The Mixed Use area is identified in pink on the Recommended Land Use Plan •Permitted uses: there are land use compatibility issues related to existing and future industrial operations. As a result, the potential for residential uses in this area may be limited. Where studies demonstrate compatibility can be achieved, a mixture of commercial and residential uses as standalone buildings or mixed use buildings may be permitted. •Permitted heights: 2-6 storeys •Minimum density: 60 units per hectare •Maximum density: 85 units per hectare •Overall density: 53 residents and jobs per hectare Page 335 of 735 Dynamic Employment Approximately 130 ha (26%) of the GBSP Area is identified as Dynamic Employment. The area will include a cluster of traditional and lighter industrial uses, including office parks and institutional uses to accommodate future employment growth and meet minimum density requirements set out in local, regional and provincial plans. The Dynamic Employment Area will also include the future Wastewater Treatment Plant. The Dynamic Employment area is identified in blue on the Recommended Land Use Plan. •Permitted uses: office parks, professional services, institutional uses, government uses, research and development, light manufacturing and processing and warehouse uses •Permitted heights: 2 storeys •Overall density: 20 jobs per hectare Page 336 of 735 Environmental Protection Approximately 236 ha (48%) of the GBSP Area is identified as Environmental Protection. The areas are identified in green on Land Use Plan. Development in areas identified as Environmental Protection is prohibited.Page 337 of 735 Recommended Transportation and Active Transportation Network Page 338 of 735 Recommended Transportation and Active Transportation Plan Page 339 of 735 Next Steps Page 340 of 735 Next Steps ●Use recommended land use plan to prepare the necessary detailed studies required for the Secondary Plan ●Commence Phase 3 Phase 3 Develop Secondary Plan ●Obtain resident and stakeholder input on Draft Secondary Plan ●Present Draft Secondary Plan to Council ●Present final Secondary Plan to Council Page 341 of 735 Thank you!Page 342 of 735 Nancy Smith Professional Corporation TMA LAW Nancy Smith 25 Main St W, Suite 2010 Hamilton Ontario L8P 1H1 Tel:905 529 3476 (905 LAW-FIRM) nsmith@tmalaw.ca VIA EMAIL August 12, 2024 Mayor and Members of Council City of Niagara Falls City Hall 4310 Queen Street Niagara Falls, ON L2E 6X5 Dear Mayor Diodati and Members of Council: Re: PBD-2024-33 – Grassy Brook Secondary Plan Phase 2: Preferred Land Use Concept We represent 2610823 Ontario Inc. (“261”), owners of the lands municipally known as 8970 and 9015 Stanley Avenue, City of Niagara Falls (“Subject Lands”). We write to you with respect to PBD-2024-33 (“Report”), which introduces a Preferred Land Use Concept for the Grassy Brook Secondary Plan (“Secondary Plan”) for Council consideration. OWNERSHIP WITHIN SECONDARY PLAN AREA The Subject Lands make up approximately twenty percent (20%) of the lands within the Secondary Plan Area. They are outlined in yellow in Figure 1 below. Page 343 of 735 Nancy Smith Professional Corporation TMA LAW, Associates Figure 1 – Subject Lands outlined in yellow For clarity, the irregular shape of the Subject Lands reflects the various parcels of land of which they are comprised, as shown in Figure 2 below. Figure 2 – Parcels forming the Subject Lands Page 344 of 735 Nancy Smith Professional Corporation TMA LAW, Associates PRIVATE APPLICATIONS 261 submitted an Official Plan Amendment Application (July 11, 2021) and Zoning By-law Amendment Application (February 8, 2022) to the City of Niagara Falls (“City”) with respect to the Subject Lands, to permit a compact, mixed-use community consisting of 1,344 dwelling units, a commercial development block and to map and protect evaluated natural heritage features (collectively, the “Applications”). On March 28, 2024, over two years after the Applications were made, 261 appealed the Applications to the Ontario Land Tribunal (“OLT”) for non-decision. The Applications are now before the OLT for decision and a hearing is scheduled to begin March 24, 2025. APPLICATION OF POLICY 7.12.2.5 OF THE REGION’S OFFICIAL PLAN Policy 7.12.2.5 of the Niagara Region (“Region”) Official Plan provides that development applications deemed complete prior to the date of approval of the Region’s Official Plan (November 4, 2022) shall be permitted to be processed and a decision made under the Local and Regional Official Plan policies that existed when the application was deemed complete. As noted at paragraph 14 of the enclosed OLT Decision dated August 7, 2024 (“Decision”), Policy 7.12.2.5 “relates to the Clergy Principle, a discretionary principle applied by the Tribunal to address the inherent unfairness to an Applicant having to deal with a moving target while their development proposal goes through a lengthy approval process.” The City and the Region have now agreed that the policies in place at the time the Applications were deemed complete are the applicable policies (see paragraph 15 of the Decision). This means that OPA 147 will not determine the outcome of the Applications. Needless to say, the Secondary Plan process will not either. MAPPING SHOULD SHOW 261 LANDS AS DEFERRED The Preferred Land Use Concept Mapping found at Appendix 1 (Page 11) of the Report (“Mapping”) shows 261’s lands west of Stanley Avenue as “Lands Under Appeal Final Land Use Determined by the OLT”. It does not include the same overlay for 261’s lands east of Stanley Avenue. The Mapping should be modified such that no land use designation is assigned to the Subject Lands at this time. The Subject Lands should be shown in grey and noted as “Deferred Lands” pending a determination from the OLT with respect to land use, as shown in Figure 3 below. We expect that once the OLT has made its determination, it will be implemented in other policy documents such as OPA 147 and the Secondary Plan. Page 345 of 735 Nancy Smith Professional Corporation TMA LAW, Associates Figure 3 – Modification to Preferred Land Use Concept Mapping 261 SHOULD BE MEMBER OF COMMUNITY FOCUS GROUP Our client submitted a written request to participate in the Community Focus Group relating to the Secondary Plan when the Secondary Plan Initiation Report (PBD-2023-03) was brought to Council in January 2023. Staff advised that our client would be considered as a candidate for the Focus Group, yet never followed up regarding the selection process. Ultimately, 261 was not included in the Focus Group and City staff selected eleven (11) other individuals. Of those eleven (11) individuals, four (4) had publicly expressed opposition regarding 261’s Applications. All four have now requested participant status in the OLT proceeding in opposition to 261’s Applications. Representation within the Focus Group is not balanced. 261 should have been included, particularly given its significant proportion of land ownership within the Secondary Plan Area. Yours truly Nancy Smith ns/mb Encl cc. Kira Dolch Signe Hansen Page 346 of 735 Nancy Smith Professional Corporation TMA LAW, Associates Brian Dick Nidhi Punyarthi Page 347 of 735 PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended Appellant: Cytec Canada Inc. & 2610823 Ontario Inc. Applicant: City of Niagara Falls Subject: OPA 147 Description: Proposed modifications to implement the City’s Employment Lands Strategy Reference Number: By-law No. 2023-037 Property Address: Employment Lands within the City of Niagara Falls Municipality/UT: City of Niagara Falls / Region of Niagara OLT Case No.: OLT-23-000937 OLT Lead Case No.: OLT-23-000937 OLT Case Name: Cytec Canada Inc. & 2610823 Ontario Inc. v. Niagara (City) PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended Applicant and Appellant: 2610823 Ontario Inc. Subject: Request to amend the Official Plan – Failure to adopt the requested amendment Description: To permit a mixed-use community consisting of 1,344 dwelling units, including 679 detached dwellings, 155 on- street townhomes and 510 multi- residential dwelling units Reference Number: AM-2021-16 Ontario Land Tribunal Tribunal ontarien de l’aménagement du territoire ISSUE DATE: August 07, 2024 CASE NO(S).: OLT-23-000937 OLT-23-000906 OLT-24-000393 Page 348 of 735 2 OLT-23-000937 et al. Property Address: 8970 & 9015 Stanley Avenue Municipality/UT: City of Niagara Falls / Region of Niagara OLT Case No.: OLT-24-000393 OLT Lead Case No.: OLT-24-000393 OLT Case Name: 2610823 Ontario Inc. v. Niagara Falls (City) PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended Applicant and Appellant: 2610823 Ontario Inc. Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision Description: To permit a mixed-use community consisting of 1,344 dwelling units, including 679 detached dwellings, 155 on-street townhomes and 510 multi- residential dwelling units Reference Number: AM-2022-015 Property Address: 8970 & 9015 Stanley Avenue Municipality/UT: City of Niagara Falls / Region of Niagara OLT Case No.: OLT-24-000394 OLT Lead Case No.: OLT-24-000393 PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended Appellant: Cytec Canada Inc. Subject: By-law No. 2023-078 Description: To implement a residential plan of subdivision consisting of 498 dwelling units Reference Number: AM-2023-007 Property Address: 9304 McLeod Road Municipality/UT: City of Niagara Falls / Region of Niagara OLT Case No.: OLT-23-000906 OLT Lead Case No.: OLT-23-000906 OLT Case Name: Cytec Canada Inc. v. Niagara Falls (City) Heard: July 18, 2024, by video hearing Page 349 of 735 3 OLT-23-000937 et al. APPEARANCES: Parties Counsel 800460 Ontario Ltd. T.A. Richardson “800460” Sara Premi Evan Alderman (student-at-law) Cytec Canda Inc. Al Burton “Cytec” Jeffrey Wilker (in absentia) 2610823 Ontario Inc. Nancy Smith “2610823” Jennifer Ricci Meredith Baker (in absentia) City of Niagara Falls Paul DeMelo “City” Regional Municipality of Niagara Naomi Mares “Region” Alexander Suriano (in absentia) MEMORANDUM OF ORAL DECISION DELIVERED BY KURTIS SMITH ON JULY 18, 2024 AND ORDER OF THE TRIBUNAL INTRODUCTION [1] This Case Management Conference (“CMC”) was held to further advance OLT Case Nos.: OLT-23-000937 (“Official Plan Amendment 147 Appeals (“OPA-147”)”) and OLT-23-000906 (“Zoning By-law Amendment Appeal (“ZBA”)”), and to introduce OLT- 24-000393 which are all related to one another. BACKGROUND Official Plan Amendment 147 Appeals [2] OPA 147 is a Municipal initiated amendment which designates, and addresses polices relating to conversion of Employment Lands to alternate land uses. Specifically, Page 350 of 735 4 OLT-23-000937 et al. the appeals are brought in connection to the lands known as 9304 McLeod Road and 9015 Stanley Avenue in the City of Niagara Falls. The Parties to this matter are as follows: Party: Name: Note: Appellant 2610823 Ontario Inc. Owner of 8970 and 9015 Stanley Avenue Appellant Cytec Canada Inc. Adjacent landowner of 9304 McLeod Road Added Party 800460 Ontario Ltd. Owner of 9304 McLeod Road Statutory Parties: City of Niagara Falls Regional Municipality of Niagara [3] 2610823 has retained the right to seek Party Status in the site-specific appeal of 9304 McLeod Road until the time the Tribunal Procedural Order (“PO”) and Issues List (“IL”) is issued by the Tribunal. Zoning By-law Amendment Appeal [4] This matter is a third-party appeal brought forward by Cytec, a neighbouring business and property owner of 9304 McLeod Road, against the rezoning application sought by 800460 in connection to the land use designation contemplated in OPA 147. The Parties to this matter are as follows: Page 351 of 735 5 OLT-23-000937 et al. Party: Name: Note: Appellant Cytec Canada Inc. Adjacent landowner of 9304 McLeod Road Applicant 800460 Ontario Ltd. Owner of 9304 McLeod Road Statutory Parties: City of Niagara Falls Regional Municipality of Niagara FIRST CASE MANAGEMENT CONFERENCE of OLT-24-000393 Introduction [5] The following appeals were filed following the City’s failure to make a decision on the requested OPA and ZBA sought by 2610823 for the lands municipally known as 8970 and 9015 Stanley Avenue in the City. The requested amendments are in relation to the above-mentioned appeals. The amendments are sought to facilitate the development of a mixed-use community of 1,344 dwelling units on the Stanley Avenue Lands. The Parties to this matter are as follows: Page 352 of 735 6 OLT-23-000937 et al. Party: Name: Note: Applicant/Appellant 2610823 Ontario Inc. Owner of 8970 and 9015 Stanley Avenue Statutory Parties: City of Niagara Falls Regional Municipality of Niagara (Provisional Party Status) [6] The Tribunal received and marked the Affidavit of Service of the Notice of the CMC, sworn by Louise Clare Sudac as Exhibit 1. There were no issues with the Service of Notice of the CMC, and as such, no further notice is required. Status Requests [7] Prior to the commencement of the CMC, the Tribunal received six Participant Status requests and no Party Status requests. [8] The Participant Status requests were received from (1) John Morocco, (2) Sarah Ward, (3) Martine Esraelian, (4) Stanlee Hickey, (5) Leslie Laan, and (6) the Niagara Peninsula Conservation Authority who is represented by Tim Duncan. [9] The City and Region did not object to the granting of the six requests. [10] Ms. Smith, Counsel for the Applicant/Appellant, 2610823, raised the issue with (3) Martine Esraelian and (4) Stanlee Hickey and requested they submit an updated Participant Statement if status was granted for the following reasons. Ms. Smith noted that Martine Esraelian’s request was written and read similar to an expert witness and took issue with connecting her education and work experience into opinion evidence Page 353 of 735 7 OLT-23-000937 et al. instead of providing a statement as a lay person. While addressing Stanlee Hickey’s statement, Ms. Smith expressed her concern of some language used in the statement communicating that the Tribunal makes decisions based on land use matters and does not assess good or bad faith and requested that if Stanlee Hickey is granted status that an updated statement be submitted using appropriate language prior to the Participant Statement deadline that will be included in the Procedural Order and Issues list. [11] Both Martine Esraelain and Stanlee Hickey attended the CMC. Unfortunately, due to technical difficulties, Stanlee Hickey was unable to communicate, however, did confirm with the Case Coordinator their understanding following the CMC. Martine Esraelain communicated to the Tribunal during the CMC they understood the concern and would update their statement if granted status. [12] The Tribunal granted all six Participant Status requests and directed Martine Esraelain and Stanlee Hickey to update their statements and submit them to the Tribunal on or before the deadline that will form part of the Procedural Order. [13] During the CMC Cytec requested the right to seek Party Status in these proceedings. Policy 7.12.2.5. – Region Official Plan [14] Ms. Smith introduced the topic of Policy 7.12.2.5 of the Region’s Official Plan (“ROP”). This policy relates to the Clergy Principle, a discretionary principle applied by the Tribunal to address the inherent unfairness to an Applicant having to deal with a moving target while their development proposal goes through a lengthy approval process. [15] The Parties are in agreement that the policies in place at the time the applications were deemed complete, being December 13, 2021, for the Official Plan Amendment and June 9, 2022, regarding the Zoning By-law Amendment are the applicable policies. Page 354 of 735 8 OLT-23-000937 et al. [16] Mr. DeMelo, Counsel for the City agreed, however stated “but we need to consider evolving policy.” Procedural Order [17] The Tribunal was in receipt of the Draft Procedural Order (“DPO”) prior to the CMC, however, it did not include the Issues List (“IL”). The hearing date provided in the DPO is March 24, 2025, as this matter will be heard during Phase 2 as outlined in the CMC Decision issued on May 6, 2024, by Vice Chair Vincent. [18] Ms. Smith requested that the DPO be approved and ordered during the CMC and requested that the IL be finalized by a later date. Ms. Smith stated that this unprecedented request is to ensure the scheduling of hearing dates due to changing legislation. [19] Following a brief discussion, the Parties consented to September 20, 2024, for the filing of the IL for this matter. [20] The Tribunal directed the Parties to work collaboratively to finalize the DPO and IL and to submit the DPO and IL to the Tribunal on consent on or before September 20, 2024, and confirmed that the matter will be heard together during the previously scheduled hearing taking place during Phase 2 of the proceedings. ZONING BY-LAW AMENDMENT APPEAL AND BILL 185 CUTTING RED TAPE TO BUILD MORE HOMES ACT, 2024 [21] As noted above, ZBA Appeal (OLT-23-000906) is considered a third-party appeal as the amendment sought by 800460 was approved by the City, followed by an appeal filed by Cytec. [22] Mr. Richardson, Counsel for the Applicant brought to the Tribunal’s attention a recent decision by Member K.R. Andrews 1000726373 Ontario Inc. v Greater Sudbury Page 355 of 735 9 OLT-23-000937 et al. (City), 2024 CanLII 62415 (ON LT), OLT Case No. OLT-23-001256, which dismissed an appeal pursuant to s. 34(19.0.0.2) (a) and 34 (19.0.0.3) of the Planning Act (“Act”). [23] As explained in the above-noted case, Bill 185 limited Third-Party Appeals brought pursuant to s. 34(19) of the Act, like this matter. Transitionary provisions set out at s. 34(19.0.0.2) (a) and 34 (19.0.0.3) of the Act, dismiss these types of Appeals unless, prior to April 10, 2024 (“the legislated cutoff date”), the Tribunal has scheduled a Merit Hearing. [24] The relevant transition provisions are copied below: Same, retroactive effect (19.0.0.2) An appeal under subsection (19) made before the day subsection 5 (7) of Schedule 12 to the Cutting Red Tape to Build More Homes Act, 2024 comes into force by a person or public body not described in paragraph 1, 2, 2.1, 2.2 or 3 of subsection (19) of this section as it reads on the day subsection 5 (7) of Schedule 12 to the Cutting Red Tape to Build More Homes Act, 2024 comes into force shall be deemed to have been dismissed on that day unless, (a) a hearing on the merits of the appeal had been scheduled before April 10, 2024; or (b) a notice of appeal was filed by a person or public body listed in paragraph 1, 2, 2.1, 2.2 or 3 of subsection (19) of this section as it reads on the day subsection 5 (7) of Schedule 12 to the Cutting Red Tape to Build More Homes Act, 2024 comes into force of this section in respect of the same by-law to which the appeal relates. 2024, c. 16, Sched. 12, s. 5 (8). Same hearing on the merits (19.0.0.3) For the purposes of clause (19.0.0.2) (a), a hearing on the merits of an appeal is considered to be scheduled on the date on which the Tribunal first orders the hearing to be scheduled, and is not affected by an adjournment or rescheduling of the hearing. 2024, c. 16, Sched. 12, s. 5 (8) [25] On June 6, 2024, Bill 185 came into full force and effect and as such the Tribunal conducted an internal review of all third-party appeals was completed. Appeals that had not been scheduled before April 10, 2024, were flagged and the Tribunal has communicated that those appeals have been deemed to be dismissed. [26] Whilst the merit hearing pertaining to this matter was scheduled during March 7, 2024, CMC, over a month prior to the legislative cutoff date, Mr. Richardson argues that Page 356 of 735 10 OLT-23-000937 et al. the Memorandum of Oral Decision and Order had not been issued until May 6, 2024, almost one month following the legislative cutoff date, thus stating the appeal is no longer valid. [27] Importantly, the Tribunal does not require the scheduling of proceedings by way of Order. Various types of proceedings before the Tribunal proceed directly to a hearing on the merits, and the scheduling of these matters is done by way of a Notice of Hearing. The Tribunal also gives formal direction in ways other than Orders, such as by way or Oral Decision at a CMC, as it did in this case. All of which still confirm the scheduling of hearings, consistent with the requirements of Bill 185. [28] Moreover, following a CMC, Parties, Participants and the Tribunal will advance the directives prior to the formal issuance of a decision. For example, where an oral decision for a CMC is provided, the issuance of the decision may not be completed prior to directives provided, such as imposed deadlines or subsequent hearing events (such as merit hearing, CMC or Motion). The outcome of the oral decision of the CMC is still valid thus the deadlines are still adhered to and/or the next hearing event takes place regardless of when the decision is issued, since the directives of the deadlines or the scheduling of the next event(s) is established at the CMC. Therefore, despite the above- cited decision in OLT-23-001256, I find that the issuance of the written Order and the effective date of the oral Order in this matter is irrelevant to understanding when the scheduled date was “first ordered” by the Tribunal. [29] The Tribunal confirmed that the ZBA Appeal is still valid as the scheduling of the merit hearing occurred on March 7, 2024, prior to the legislative cutoff date. SCHEDULING OF MOTION DATES Motion – Seeking Production of Documents [30] At the time of this CMC, the issue of the production of documents had not been resolved following the previous CMC that took place on June 12, 2024. Page 357 of 735 11 OLT-23-000937 et al. [31] During that CMC the Tribunal directed 800460 to revise and scope its documents request by June 17, 2024. Mr. Richardson confirmed this was completed. [32] Following the revised and scoped document list, Cytec was to provide the Parties (not the Tribunal) with a list of documents in its possession, power, or control that fall within the scope of the requested documents. Cytec provided the other Parties with a list, however several of the documents are privileged or statute-barred from production or contain confidential information that may need to be redacted. [33] Mr. Burton explained that it will take an abundance of time to compile all of the requested documents, therefore requesting 800460 to further revise and scope its request. [34] As a result of the above, Mr. Richardson requested a new date for a Motion date be Scheduled. Motion to Resolve Issues List [35] Ms. Mares, Counsel for the Region requested that a Motion date be scheduled to solve the five outstanding IL disputes in relation to the OPA 147 Appeals and the ZBA Appeal. [36] The Tribunal directed the Parties to submit and file the DPO and IL on consent following the determination of the Motion. Scheduling of the Motions [37] The Parties and Participants are asked to log into the video hearing at least 15 minutes before the start of the event to test their video and audio connections. The Tribunal scheduled the hearing to proceed by video as follows: Page 358 of 735 12 OLT-23-000937 et al. Monday, September 16, 2024 at 10 a.m. (One-Day Motion – Seeking Production of Documents) GoTo Meeting: https://global.gotomeeting.com/join/519389173 Access Code: 519-389-173 Audio-only telephone line: +1 (647) 497-9373 or (Toll-free) 1-888-299-1889 Audio-only access code: 519-389-173 Tuesday, September 17, 2024 at 10 a.m. (One-Day Motion to Resolve Issues List) GoTo Meeting: https://global.gotomeeting.com/join/709076365 Access Code: 709-076-365 Audio-only telephone line: +1 (647) 497-9373 or (Toll-Free) 1-888-299-1889 Audio-only access code: 709-076-365 [38] Parties and Participants are asked to access and set up the application well in advance of the event to avoid unnecessary delay. The desktop application can be downloaded at GoToMeeting or a web application is available https://app.gotomeeting.com/home.html [39] Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling into an audio-only telephone line. [40] Individuals are directed to connect to the event on the assigned date at the correct time. It is the responsibility of the persons participating in the hearing by video to ensure that they are properly connected to the event at the correct time. Questions prior to the hearing event may be directed to the Tribunal’s Case Coordinator having carriage of this case. Page 359 of 735 13 OLT-23-000937 et al. ORDER [41] THE TRIBUNAL ORDERS that: a. OLT Case No. OLT-24-000393 be heard together with OLT Case Nos. OLT- 23-000906 and OLT-000937 as previously scheduled. b. Cytec Canada Inc. retains the right to seek Party Status for OLT Case No. OLT-24-000393 up until the time the Procedural Order and Issues List is issued by the Tribunal. c. Participant Status is granted to (1) John Morocco, (2) Sarah Ward, (3) Martine Esraelian, (4) Stanlee Hickey, (5) Leslie Laan, and (6) the Niagara Peninsula Conservation Authority for OLT Case No. OLT-24-000393. d. The Draft Procedural Order and Issues List for OLT Case No. OLT-24- 000393 is to be submitted to the Tribunal on the consent of the Parties on or before Friday, September 20, 2024. e. A Motion hearing, Seeking Production of Documents is Scheduled for Monday, September 16, 2024, at 10 a.m. f. A Motion hearing, Resolve the Issues List is Scheduled for Tuesday, September 17, 2024, at 10 a.m. Page 360 of 735 14 OLT-23-000937 et al. g. No further notice is required, and the Member is not seized but may be called upon in the event that assistance is required in implementing this Order. “Kurtis Smith” KURTIS SMITH MEMBER Ontario Land Tribunal Website: www.olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248 The Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued a s the Ontario Land Tribunal (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal. Page 361 of 735 F-2024-28 Report Report to: Mayor and Council Date: August 13, 2024 Title: 2025 Preliminary Budget Projection Recommendation(s) 1. That Report F2024-28, 2025 Preliminary Budget Projection BE RECEIVED for information; 2. AND THAT Council DIRECT staff to prepare budget options ranging from a 3.9% to 6.0% operating increase and a 1.0% capital levy increase during the 2025 budget process. Executive Summary Staff are seeking direction from Council on budgetary guidance in order to establish the financial framework to be used by staff while preparing the proposed 2025 budgets. This will guide staff to ensure that the proposed budgets are aligned with the budgetary goals of Council. A number of factors should be considered when creating budgetary guidance to balance affordability and fiscal responsibility while maintaining/enhancing the City’s services and assets. Some factors include:  Prior year tax increases from a historical and planning perspective  Inflationary increases for material, supplies, contracted services and utilities  Contractual wage increases (CUPE) and discretionary wage increases (Non- Union)  Contract negotiations not finalized (Fire)  Asset Management Provincial legislation  New Initiatives  Taxpayer affordability  Long term financial sustainability of the City Based on our high level analysis it is anticipated from an inflationary standpoint that the City’s costs will rise a minimum of $3.5M or 3.9%, this is without any new initiatives. Previously approved new initiatives of Customer Service and the City’s new Enterprise Resource Planning (ERP) system are adding an additional $1.1M or 1.2% pressure. Lastly, during the 2024 budget deliberations Council made a decision to defer a $767,000 (0.9%) increase to the City’s Fleet Replacement Special Purpose Reserve (to Page 1 of 9 Page 362 of 735 be spent annually on the City’s aging fleet – not to sit as savings) which staff are including in the 2025 ask. In light of the above mentioned factors, City staff are requesting budget guidance for year 2025 for an operating levy increase (including fleet replacement) of 6.0% and a capital levy increase of 1.0% (approximately $895,000) to be used towards improving the City’s roads. Staff will prepare various budget options including reducing services or increasing fees to present to Council to provide a range of operating increases from 3.9% to 6.0%. A 3.9% increase to the operating levy with no increase to the capital levy has the following impacts to the residential taxpayer:  $280,000 residential assessed home (average household) increases City taxes by $10.36 per month or $124.33 per year.  $500,000 residential assessed home increases City taxes by approximately $18.50 per month or $222.01 per year. A 6.0% increase to the tax levy supported operating levy plus a 1.0% increase to the capital levy has the following impacts to the residential taxpayer:  $280,000 residential assessed home (average household) increases City taxes by $14.64 per month or $175.64 per year.  $500,000 residential assessed home increases City taxes by approximately $26.14 per month or $313.63 per year. Analysis 2025 Budget Outlook City staff are requesting budget guidance for the year 2025 for a tax levy supported operating levy increase of 3.9% - 6.0% and a capital levy increase of 1.0%. A number of factors should be considered when creating budgetary guidance to balance affordability and fiscal responsibility while maintaining/enhancing the City’s services and assets. Some factors include:  Prior year tax increases from a historical planning perspective  Inflationary increase for materials, supplies, contracted services and utilities  Contractual wage increases (CUPE) and discretionary wage increases (Non- Union)  Contract negotiations not finalized (Fire)  Asset Management Provincial legislation Page 2 of 9 Page 363 of 735  New Initiatives  Taxpayer affordability  Long term financial sustainability of the City Prior Year Budget Increases The 8 year average of City of Niagara Falls tax increases (approximately 38% of total tax bill) equates to 2.9%: 2024 2023* 2022** 2021 2020 2019 2018 2017 Average City of NF tax rate increase 3.9% 7.9% 3.9% 1.7% 3.5% 0.0% 1.6% 1.0% 2.9% *Includes a 0.5% increase to the Capital Levy - operating increase was 7.4% **Includes a new Capital Levy of 1% - operating increase was 2.9%. The City of Niagara Falls had some very low budget increases between 2017 and 2019, the long-term impacts of which are felt years later. In 2020 and 2021, COVID adversely impacted the City financially and measures were taken to soften the impact to taxpayers with a deferred tax increase in 2023 which was out of proportion. The 2024 budget increase was due to the inflation level at that time effectively an inflationary budget increase. The long-term sustainability of the City and its assets have not been fully accounted for, especially when considering asset renewal obligations. Inflationary Increases for Materials, Contracted Services and Utilities Per Statistics Canada website (http://www.statcan.gc.ca/en/subjects- start/prices_and_price_indexes/consumer_price_indexes), the Consumer Price Index (CPI) represents changes in prices as experienced by Canadian consumers. It measures price change by comparing, through time, the cost of a fixed basket of goods and services. The goods and services in the CPI basket are divided into 8 major components, Food; Shelter; Household operations, furnishings and equipment; Clothing and footwear; Transportation; Health and personal care; Recreation, education and reading, and Alcoholic beverages, tobacco products and recreational cannabis. Some issues with using CPI as the guidance for the City's budget include:  CPI is designed to represent the average consumer in Canada, however, these costs are not reflective of the goods and services of the City of Niagara Falls. Page 3 of 9 Page 364 of 735  CPI is a measure across Canada and not specific to the local Niagara market. As an alternative to using only CPI as an indicator, staff are proposing the use of the following indicators: Key Inflation Indicators: 1. Compensation Growth for Employees (as per 2024 Ontario Budget) Source: https://budget.ontario.ca/2024/pdf/2024-ontario-budget-en.pdf (page 149) 2. Total CPI Inflation - TD Bank used by Bank of Canada that combines all three core measures of inflation (http://economics.td.com/ca-forecast-tables) 3. Non-Residential Building Construction Index - five-year average (2019-2023) - Statistics Canada Building Construction price indexes, by type of building and division (https://economics.td.com/ca-forecast-tables) 4. TD Bank - Total CPI less the eight most volatile components (https://economics.td.com/ca-forecast-tables) Staff have prepared some analysis in the tables below surrounding our 2024 budget using the key inflation indicators noted above. Page 4 of 9 Page 365 of 735 2024 Approved Budget 2024 Budget Requiring Indexing % of Total Index to Use Labour, Benefits and Overtime 71,258,810 71,258,810 56.6% Compensation Growth Materials 14,561,805 14,561,805 11.6% Total CPI Utilities 3,538,300 3,538,300 2.8% Total CPI Contracted Services 20,506,244 20,506,244 16.3% Total CPI Rents & Financial Services 1,315,486 1,315,486 1.0% Total CPI Debt Charges 6,157,870 0 0.0% N/A External Transfers 4,885,256 0 0.0% N/A Internal Transfers: Transfer to Fleet Replacement 3,395,857 3,395,857 2.7% Total CPI Transfer to Capital (levy + OLG) 9,708,171 9,708,171 7.7% Non- Residential Building Construction Index Debt Charge Placeholders 1,653,482 1,653,482 1.3% Bank Total CPIX Other Internal Transfers 13,452,725 0 0.0% N/A Total Approved Budget 150,434,006 125,938,155 100.00% Key Inflation Indicator 2025 Percent of City Budget Weighted Average Compensation Growth for Employees (as per 2024 Ontario Budget) 4.4% 56.6% 2.5% Total CPI Inflation 2.2% 34.4% 0.8% Non-Residential Building Construction Index - 5 year average (2019 to 2023) 8.7% 7.7% 0.7% TD Bank Total CPIX forecast 2.1% 1.3% 0.0% Average of all inflation indicators 4.4% 100.0% 3.9% Based on these inflation indicators the average is 4.4% however tailored to the City’s budget and the percentage of each expenditure category, the weighted average is 3.9%. This data suggests that the City would need approximately a 3.9% increase Page 5 of 9 Page 366 of 735 simply to keep pace with inflation and can be broken down further as shown in the table below: Item Amount Levy Impact Non-Union, CUPE and Fire Union wage and benefits increases $ 1,900,000 2.1% Materials, Utilities, Contracted Services and Rents and Financials inflationary increases $ 1,600,000 1.8% Total Inflationary Increases (excluding capital) $ 3,500,000 3.9% Contractual wage increases (CUPE)/ Discretionary wage increases (Non-Union) The Canadian Union of Public Employees (CUPE) contract was ratified during 2023 for the four years 2023-2026 and contains an annual wage increases of 2.3% for 2025. Non-Union wage increase typically follow what CUPE receives. The City like other employers has witnessed significant wage pressure due to the tight labour market and there is a risk to this assumption. Contract negotiations not finalized (Fire) The existing Niagara Falls Professional Fire Fighters Association (NFPFFA) contract ends December 31, 2023. Negotiations began in early 2024 however a final decision has not been reached at this time. This adds a layer of uncertainty to the financial outlook of one of the largest components of the City’s labour budget and means staff and Council will need to agree on an estimated increase to budget for Fire Union staff. Fire Union salaries, benefits and overtime make up 32.1% of the City’s total 2024 labour, benefits and overtime budget as illustrated: Total 2024 Budget Portion Relating to Fire Union Labour $ 54,418,062 $ 17,311,000 31.8% Benefits $ 14,947,548 $ 4,240,165 28.4% Overtime $1,893,200 $ 1,340,500 70.8% Total $ 71,258,810 $ 22,891,665 32.1% Asset Management Provincial Legislation Staff cannot stress the importance of continuing to increase the capital levy in order to work towards closing the infrastructure gap. The City does not want to be in a position where a large catch up is needed again. Staff would prefer to smooth increases Page 6 of 9 Page 367 of 735 annually and as such a minimum 1-2% Capital Levy increase will be recommended annually by staff. The City's 2022 Council approved Core Asset Management Plan indicated a funding deficit of $7,800,000 which if included in the 2025 budget would equate to a 8.7% increase to the levy. The City's 2024 Council approved Non-Core Asset Management Plan indicated a funding deficit of $16,760,000 which if included in the 2025 budget would equate to a 18.7% increase to the levy. Council is reminded that the Asset Management Planning Regulation O. Reg. 588/17 requires the City to establish proposed levels of service and a lifecycle management and financial strategy for all assets starting July 1, 2025. What this means is the City must have a strategy in place by July 1, 2025 of how we will close the funding gaps identified above. Staff will continue to focus on investments in the "state of good repair" of existing assets in preparation for the requirements under this regulation. Staff does not have a plan at this time to fully fund this liability, however postponing increased capital replacement funding will only make the matter more difficult. New Initiatives Customer Service Council recently approved the City of Niagara Falls new service delivery model: “At Your Service Niagara Falls” (AYSNF) at the July 16, 2024 Council meeting which included $421,800 as a 2025 increase to the tax levy supported operating levy. This results in a 0.5% levy increase. The cost savings will not occur until four to five years out from this plan and as such the costs are required to be budgeted for now. Enterprise Resource Planning (ERP) System In 2023 and 2024 Council has approved two (2) phases of capital budgets for the City to obtain a new Enterprise Resource Planning (ERP) system of which phase 1 is currently being implemented with an anticipated go live in Q1 2025. As part of the ERP project it was noted there will be operating expenses in the form of annual software, licensing, support and a four (4) person ERP continuity team. To date, staff have phased in $300,000 of the total $625,000 software costs in the 2023 and 2024 tax levy supported operating budget. Staff will be phasing in an additional $175,000 in the 2025 budget (0.2% levy increase) with the remaining $150,000 to be added to the 2026 tax levy supported operating budget in line with the anticipated completion date of phase 2 of the implementation project. Page 7 of 9 Page 368 of 735 The City is still in the early stages of determining specific position descriptions for the continuity team however the anticipated cost of a four (4) person continuity team is expected to be approximately $500,000 which equates to a 0.5% increase to the levy. Financial Implications/Budget Impact As noted above, contractual wages increases and inflationary increases are anticipated to result in a 3.9% increase prior to any new initiatives being considered. When we add in the two new Council supported initiatives of Customer Service and ERP noted above this brings the increase to approximately 5.1% and when we further add in the fleet replacement amount deferred from 2024 this brings the increase to approximately 6.0% as indicated in the chart below. Item Amount Levy Impact Non-Union, CUPE and Fire Union wage and benefits increases $ 1,900,000 2.1% Materials, Utilities, Contracted Services and Rents and Financials inflationary increases $ 1,600,000 1.8% Total Inflationary Increases (excluding capital) $ 3,500,000 3.9% New Initiatives: Customer Service impacts $ 421,800 0.5% ERP impacts $ 675,000 0.7% Deferred from 2024 Budget Deliberations Transfer to Fleet Replacement SPR $ 767,000 0.9% Total Tax Levy Supported Increase requested $ 5,363,800 6.0% Capital Levy Increase requested $895,000 1.0% Total Operating and Capital increase requested (pre- growth) $6,258,856 7.0% A 3.9% increase to the operating levy with no increase to the capital levy has the following impacts to the residential taxpayer:  $280,000 residential assessed home (average household) increases City taxes by $10.36 per month or $124.33 per year. Page 8 of 9 Page 369 of 735  $500,000 residential assessed home increases City taxes by approximately $18.50 per month or $222.01 per year. A 6.0% increase to the tax levy supported operating levy plus a 1.0% increase to the capital levy has the following impacts to the residential taxpayer:  $280,000 residential assessed home (average household) increases City taxes by $14.64 per month or $175.64 per year.  $500,000 residential assessed home increases City taxes by approximately $26.14 per month or $313.63 per year. Strategic/Departmental Alignment This report is consistent with the Financial Sustainability pillar of the Strategic Plan. Strategic Plan Pillars Sustainability - Financial Effectively managing the City’s financial resources to meet our current and future obligations without relying on external funding sources or sacrificing our ability to deliver essential services to our residents . Contributor(s) Jason Burgess, CAO Shelley Darlington, General Manager of Corporate Services Written by: Tiffany Clark, Director of Finance Submitted by: Status: Jason Burgess, CAO Approved - 07 Aug 2024 Page 9 of 9 Page 370 of 735 CS-2024-04 Report Report to: Mayor and Council Date: August 13, 2024 Title: Looking for Change: City Review Recommendation(s) 1. THAT Council RECEIVE Staff Report CS-2024-04, Looking for Change: City Review as information; 2. THAT Council DIRECT staff to further investigate and FINALIZE the 12 recommended proposals (proposals 1 to 12). Staff will REPORT and on proposals 1 to 11 for the 2025 Tax Levy Supported Operating Budget deliberations and proposal 12 for the 2026 Tax Levy Supported Operating Budget; 3. THAT Council APPROVE staff’s recommendation, not to move forward with seven (7) proposals (proposals 26 to 32) identified by staff as “not recommended” in Attachment 1. Executive Summary The City Review examined the current state of City operations with the goal of identifying opportunities for cost savings, generating new or increased revenue, and making service delivery more efficient. All areas and asset holdings were reviewed, and all departments were able to put forward potential options, along with several received through the Shark Tank initiative. Thirty-four (34) proposals were identified as feasible to implement, or in process. Eighteen (18) proposals have been recommended for inclusion in the 2025 Tax Levy Supported Operating Budget deliberations, pending additional analysis to determine precise estimates of costs and savings, and implementation plan. Background At the March 6, 2024 Council Meeting, Council directed the Fire Department to look for cost-saving measures and directed all departments to abide by this same commitment to find ways to reduce costs. As a result, staff undertook departmental reviews to consider operations and identify potential cost savings, revenue generation and service delivery efficiencies. Page 1 of 44 Page 371 of 735 Analysis An initial assessment was completed for each of the thirty-four (34) proposals identified considering strategic priority alignment, potential service impact(s), estimated savings, revenue opportunity, costs and/or cost avoidance. Attachment 1 – Looking for Change – City Review provides details for each of the proposals identified in the City Review. Eighteen (18) proposals have been recommended, seven (7) additional proposals have been acknowledged as in-process and seven (7) proposals are not being recommended by staff. Two (2) additional proposals were identified as previous decisions of Council. Operational Implications and Risk Analysis Preliminary operational implications and risk analysis has been completed and noted in the attached details. Pending Council’s direction on the recommended proposals, staff would then undertake additional analysis for each recommended proposal. This would include full costing, expenditure and impact analysis and the details would be presented as part of budget deliberations. Financial Implications/Budget Impact The City Review examined the current state of City operations with the goal of identifying opportunities for cost savings, generating new or increased revenue, service delivery efficiencies and mitigating costs and risks from care, maintenance and asset management obligations. Further analysis will be undertaken on the recommended proposals for inclusion in the 2025 Tax Levy Supported Operating Budget deliberations to determine precise estimates of costs, savings and implementation plan(s). Strategic/Departmental Alignment This report aligns with the strategic pillars of financial sustainability; to optimize the use of City assets across the corporation, social sustainability; build partnerships to increase quality, affordable housing options, economic diversification & growth; to optimize City assets for marketing opportunities for industries and businesses within the community and customer service; to provide service offerings and experiences customers value. Strategic Plan Pillars Sustainability - Financial Effectively managing the City’s financial resources to meet our current and future obligations without relying on external funding sources or sacrificing our ability to deliver essential services to our residents . Page 2 of 44 Page 372 of 735 Sustainability - Social Working in partnership with the Niagara Region to ensure residents have access to basic needs, ensuring that Niagara Falls is a livable, inclusive and supportive community for all. Contributor(s) Jason Burgess, CAO Tiffany Clark, Director of Finance Additionally, the Corporate Leadership Team (CLT), Senior Leadership Team (SLT) and Senior Financial Analysts have been engaged and consulted as part of this process. List of Attachments CS-2024-04 Presentation - Looking For Change - City Review Written by: Jacob Thomas, Senior Manager of Decision Support Services Shelley Darlington, General Manager of Corporate Services Submitted by: Status: Shelley Darlington, General Manager of Corporate Services Approved - 08 Aug 2024 Jason Burgess, CAO Approved - 09 Aug 2024 Page 3 of 44 Page 373 of 735 August 13, 2024 Looking For Change CITY REVIEW Page 4 of 44Page 374 of 735 A GREAT CITY…FOR GENERATIONS TO COME PURPOSE To review the current state of City operations with the goal of identifying opportunities for cost savings, generating new or increased revenue, and making service delivery more efficient. SCOPE All areas and asset holdings were reviewed. All departments were able to put forward potential options, along with several received through the Shark Tank initiative. PROCESS Staff undertook a review of expenditures through a number of processes including round tables, BMA benchmarking and lean processing. Background Page 5 of 44Page 375 of 735 2 7 76 12 A GREAT CITY…FOR GENERATIONS TO COME Overview Open Recommendations Not Recommended In Process Proposals 34 _ Previous Decisions of Council _ In-Camera Recommendations Page 6 of 44Page 376 of 735 Looking For Change RECOMMENDED To be considered during the 2025 Budget Page 7 of 44Page 377 of 735 A GREAT CITY…FOR GENERATIONS TO COME Looking For ChangeCITY REVIEWRecommended $316K -$231K -$1.3M $407K $200K $196K -$1,500,000-$1,000,000-$500,000 $0 $500,000$1,000,000$1,500,000 Cost Avoidance New Revenue (Ongoing) New Revenue (One-time) Savings Fiscal Impact of Recommended Proposals (including In-Camera Recommendations) Costs Net Costs* *Net costs reflect expected cost recovery $15K $30K $33K $48K $190K $200K $287K Municipal Works Planning, Building & Development All (Shared LEAN) Corporate Services CAO All (Surplus Land) Recreation, Culture & Facilities Savings & Revenue by Division (including In-Camera Recommendations) *Includes $200K in one-time revenue Page 8 of 44Page 378 of 735 A GREAT CITY…FOR GENERATIONS TO COME 1) Surplus Land Description The City currently owns 159 vacant land parcels which could be sold off. Many of these are small parcels that are not developable. •This would NOT be a recurring source of revenue or savings. •Would avoid costs of maintaining surplus property and reduce risk to the City. •The one-time revenue gains will also bolster the City’s reserve levels. •Redeploying land assets could create some recurring minor tax base increases (was not factored in). Risk Strategic Priority Financial Sustainability Service Impact None Savings None Revenue $200,000 Costs $50,000 Cost Avoidance Dependent on parcels sold Recommended Page 9 of 44Page 379 of 735 A GREAT CITY…FOR GENERATIONS TO COME 2) Reduced Snow Clearing Description Reduce service levels for snow clearing specifically for trails and sidewalks. •Consistent with other municipalities who: o Close/post warnings for unmaintained trails during the winter months. o Have a good citizen bylaw requiring residents to clear sidewalks (under staff review). •Closing trails in the winter months could potentially reduce risk to the City. Risk Strategic Priority Financial Sustainability Service Impact Decreased (to normal) Savings $15,000 Revenue None Costs None Cost Avoidance None Recommended Page 10 of 44Page 380 of 735 A GREAT CITY…FOR GENERATIONS TO COME 3) Tournament Hotel Credit Description The City currently has a budget of $20,000 to subsidize accommodation expenses of out-of- town sports teams. •The credit needs to be applied for and has historically been underutilized. o $10,000 to $15,000 used, on average. •The City is already subsidizing field and ice surface usage for these events. •Could be a use of the MAT fund to attract these events. Risk Strategic Priority Financial Sustainability Service Impact None Savings $20,000 Revenue None Costs None Cost Avoidance None Recommended Page 11 of 44Page 381 of 735 A GREAT CITY…FOR GENERATIONS TO COME Description Reduce funding/budget for Committees to a minimal amount. •Additional funding requests to be submitted by Committees with a business case during the Budget cycle. Strategic Priority Financial Sustainability Service Impact None Savings Up to $10,000 Revenue None Costs None Cost Avoidance None 4) Committee Funding Revisions 2024 Committee Budget: (7 committees) $46,350 Risk Recommended Page 12 of 44Page 382 of 735 A GREAT CITY…FOR GENERATIONS TO COME Description Wireless internet and network encryption (VPN) are offered to the public at some pools and parks. Public Pools •Wi-Fi provided at pools year-round. •Reducing the service to only when pools are open (June-September) can yield savings of $4,753/month x 8 months = $38,000. Public Parks •Virtual Private Network (VPN) service offered at Kalar and Oakes parks. •Cancelling would yield savings of $9,600. Strategic Priority Financial Sustainability Service Impact Limited Savings $47,600 Revenue None Costs None Cost Avoidance None 5) Reduce Wi-Fi at Public Locations Risk Recommended Page 13 of 44Page 383 of 735 A GREAT CITY…FOR GENERATIONS TO COME Description $50,000 is included in the annual rate budget to provide technical advice and assistance with investigations regarding private property drainage issues. •This is an additional service outside of the City’s mandate. •Unused amounts have been put into a special reserve and utilized elsewhere. •Eliminating the program will mean funds can be reallocated to higher priority reserve funds. 6) Local Drainage Assistance Strategic Priority Financial Sustainability Service Impact Limited Savings None Revenue None Costs None Cost Avoidance None Risk Recommended Page 14 of 44Page 384 of 735 A GREAT CITY…FOR GENERATIONS TO COME Description The City may leverage tourist traffic by selling branding rights on City assets (fire hydrants, bridges, streets, etc.) to raise new revenue. Would require: •Commitment to operating costs to have a third- party firm evaluate and market opportunities. •‘Giving up’ assets for marketing purposes. 7) Sponsorship Expansion Strategic Priority Economic Diversification Service Impact Increase Savings None Revenue $180,000 Costs $80,000 Cost Avoidance None Risk Recommended Page 15 of 44Page 385 of 735 A GREAT CITY…FOR GENERATIONS TO COME Description The City currently offers a youth discount for ice rentals during prime and non-prime hours. Changing the discount can increase non-prime bookings while increasing revenues. •Implemented over 4 years. Revenue generated through: •Reducing the prime-time youth discount rate (from 34% to 10% off the adult rate). •Maintaining the discounted rate for non-prime- time rental for youth (20%). •Eliminating the non-resident youth rate (8.5%). 8) Ice Rental Rate Strategic Priority Financial Sustainability Service Impact Limited Savings None Revenue $100,000 Costs None Cost Avoidance None Risk Recommended Page 16 of 44Page 386 of 735 A GREAT CITY…FOR GENERATIONS TO COME Description The 2024 Budget set forth a plan to increase rental rates for recreation fields & facilities. •Currently offer a high level of service (fields are staffed and maintain high standards) at some of the lowest rates in the Province. o Field use is free during tournaments. •Aligning current field rates with regional averages could raise $15,000 in revenue. •Will be implemented over several years. 9) Field & Facility Rates Strategic Priority Financial Sustainability Service Impact None Savings None Revenue $15,000 Costs None Cost Avoidance None Risk Recommended Page 17 of 44Page 387 of 735 A GREAT CITY…FOR GENERATIONS TO COME Strategic Priority Financial Sustainability Service Impact None Savings None Revenue Up to $30,000 Costs Machine - $840/year Monitoring - TBD Cost Avoidance None RiskDescription Parking and boat ramp use is currently free at the boat ramp. Introducing a usage fee in 2025 would increase revenue while aligning with other local municipalities and NPC. •Public survey was conducted in April 2023 with 1/3rd of respondents strongly in favour of a discounted parking pass for residents (to manage parking demand). Potential fee structure: •$120 seasonal pass for residents (vehicle + trailer) •$10-$15 daily (vehicle + trailer) •$7 daily (single vehicle) Recommended10) Chippawa Boat Ramp Parking Page 18 of 44Page 388 of 735 A GREAT CITY…FOR GENERATIONS TO COME Description Outdoor swimming is currently free for residents. Introducing a usage fee would increase revenue while aligning with other local municipalities. Potential fee structure: •$25 summer pass •$5 one time use pass 11) Outdoor Pool Season Pass Strategic Priority Customer Service Service Impact None Savings None Revenue $62,500 Costs None Cost Avoidance None Risk Recommended Page 19 of 44Page 389 of 735 A GREAT CITY…FOR GENERATIONS TO COME Description Lean is a form of staff training focused on how to identify and eliminate waste, streamline processes, and improve quality in operations. •Some staff have undertaken Lean training and identified process improvements as a result. •Additional training and consultation from a 3rd party Lean Firm could potentially yield greater results. •Would require an upfront commitment of likely $100,000. o Anticipated 3-year cost recovery through achieved savings. 12) Formal Lean Review Strategic Priority Financial Sustainability Service Impact Increase Savings $33,000 Revenue None Costs $100,000 Cost Avoidance None Risk Recommended – Post 2026 Page 20 of 44Page 390 of 735 A GREAT CITY…FOR GENERATIONS TO COME 13-18) Surplus Facilities (presented in-camera) Description Six (6) facilities have been identified as either unoccupied or having the potential for enhanced utility to the City if repurposed or consolidated. •*Refer to Companion In-Camera Report. Risk Recommended Strategic Priorities Financial Sustainability Social Sustainability Service Impact Limited Savings * Revenue * Costs * Cost Avoidance *Page 21 of 44Page 391 of 735 A GREAT CITY…FOR GENERATIONS TO COME Looking For ChangeCITY REVIEWIn Process -$29K $185K $2.7M $105K -$30,000 $970,000 $1,970,000 $2,970,000 New Revenue (Ongoing) New Revenue (One-time) Savings Fiscal Impact of In Process Proposals $ $0 Costs *Includes $2.7M in one-time revenue (Proposal 24) $5K $20K $75K $100K $2.8M Municipal Works CAO Planning, Building & Development Corporate Services Recreation, Culture & Facilities Savings & Revenue by Division Page 22 of 44Page 392 of 735 A GREAT CITY…FOR GENERATIONS TO COME Description Stores department issue/leave traffic cones to contractors/other departments (~1,000 in 2023) and are often not returned or go missing. Methods of cost recovery: •Allow contractors to bring back City cones in an easy process. •Reporting mechanism for City staff who see branded cones out of place. 19) Traffic Cone Savings Strategic Priority Financial Sustainability Service Impact None Savings $5,000 Revenue None Costs None Cost Avoidance None Risk Idea originally submitted through Shark Tank In Process_Page 23 of 44Page 393 of 735 A GREAT CITY…FOR GENERATIONS TO COME Description Harmonize all software licensing subscriptions, utilizing a single-service provider under an approved procurement channel. •Information Services (IS) staff are currently reviewing licenses to explore opportunities for harmonization to achieve cost-savings, reduce duplication, and improve administrative efficiency. o Recently identified $40,000 in annual savings through a harmonized authenticator application. •Already underway as part of 2025 Information Services’ Budget preparations. Strategic Priority Financial Sustainability Service Impact None Savings Up to $100,000 Revenue None Costs None Cost Avoidance None Risk In Process_ 20) Harmonize Software Licenses Page 24 of 44Page 394 of 735 A GREAT CITY…FOR GENERATIONS TO COME Description Implement a bylaw requiring vacant building registration, with an associated fee. Proposed fee structure: •$1,000 registration fee, plus; •$750 failure to register fee. •There are currently 180 estimated vacant buildings in Niagara Falls. (90 real) •Bylaw aligned with St. Catharines and Port Colborne. •Patrols can monitor homelessness while incentivizing development of vacant building. •Some costs associated with monitoring. 21) Vacant Building Bylaw Strategic Priority Social Sustainability Service Impact None Savings None Revenue Up to $75,000 Costs TBD - Associated with Monitoring Cost Avoidance None Risk In Process_Page 25 of 44Page 395 of 735 A GREAT CITY…FOR GENERATIONS TO COME Description The City performed 433 weddings in 2023 (at a basic cost of $350 per ceremony). Opportunity to increase revenue by offering additional services or packages and increasing fees for non-residents (notice of motion to Council). •Training of culture staff to handle the additional services without adding staff. •Investments to improve facilities was approved through the 2023 Capital Budget (Archway and Beautification at City Hall). 22) Expand Wedding Services Strategic Priority Customer Service Service Impact Increase Savings None Revenue $20,000 Costs None Cost Avoidance None Risk In Process_Page 26 of 44Page 396 of 735 A GREAT CITY…FOR GENERATIONS TO COME Description The City is piloting providing summer camps to school aged children through summer 2024. •Utilize existing City resources to generate revenue to offset other recreational costs. •Significant increase to service delivery as childcare options are in high demand. o Potential impact to other recreational programming. To date: •Camp programing has accommodated 15 children per week, on average. •Plan to begin advertising earlier to increase enrollment for 2025. 23) Summer Camps Strategic Priority Social Sustainability Service Impact Increase Savings None Revenue $40,000 Costs $27,000 Cost Avoidance None Risk In Process_Page 27 of 44Page 397 of 735 A GREAT CITY…FOR GENERATIONS TO COME Description Expand the historic Drummond Hill Cemetery to accommodate additional burials/niches. •Multi-year development plan already drafted, and studies are currently being undertaken. o Includes opportunities to expand into neighbouring plots. •Would require archeological assessment and improved pathways before niches or burial plots can be installed. 24) Drummond Hill Cemetery Strategic Priority Financial Sustainability Service Impact Increase Savings None Revenue Up to $2.7M (one time) Costs TBD Cost Avoidance None Risk In Process_Page 28 of 44Page 398 of 735 A GREAT CITY…FOR GENERATIONS TO COME Description Cemetery Services has historically hired private contractors to engrave niche plates. Procuring the necessary equipment will allow for in-house engraving. •Machine has already been purchased at a cost $23,000. •Cost expected to be recovered within one year. •Opportunity to perform engraving services for other municipalities, or for other aspects within the City. 25) Engraving Services Strategic Priority Financial Sustainability Service Impact Increase Savings None Revenue $50,000 Costs None Asset Management $2,000 cost Risk Idea originally submitted through Shark Tank In Process_Page 29 of 44Page 399 of 735 Looking For Change OPTIONS NOT RECOMMENDED Page 30 of 44Page 400 of 735 A GREAT CITY…FOR GENERATIONS TO COME Looking For ChangeCITY REVIEWNot Recommended $2.6M $26K $927K $0 $1,000,000 $2,000,000 $3,000,000 Cost Avoidance New Revenue (Ongoing) Savings Fiscal Impact of Not Recommended Proposals $97K $321K $535K CAO Corporate Services Recreation, Culture & Facilities Savings & Revenue by Division Page 31 of 44Page 401 of 735 A GREAT CITY…FOR GENERATIONS TO COME Description Councillors and some senior staff are eligible to receive a home internet cost subsidy. Councillors & Mayor •Per Policy 700.21, can receive reimbursement up to a maximum of $130 per month. •7 individuals receiving subsidy at a maximum value of $10,920 annually. Senior Staff •7 grandfathered individuals receiving subsidy at a maximum value of $10,920 annually Strategic Priority Financial Sustainability Service Impact None Savings Up to $21,000 Revenue None Costs None Cost Avoidance None Risk Not Recommended26) Administrative Policy Change Page 32 of 44Page 402 of 735 A GREAT CITY…FOR GENERATIONS TO COME Description $300,000 is budgeted annually to recruit family physicians to Niagara Falls. o $200,000 from special reserves; and, o $100,000 levy. •Consider reducing physician recruitment budget. o Alternatively, explore partnership model with other LAMS and/or the Region to collectively manage physician recruitment. Strategic Priority Financial Sustainability Service Impact Potential decrease Savings Up to $300,000 Revenue None Costs None Cost Avoidance None 27) Physician Recruitment Risk 2024 (YTD) 2023 2022 2021 Physicians receiving disbursements 3 6 0 1 Amount committed $156K $309K -$71K Not Recommended Page 33 of 44Page 403 of 735 A GREAT CITY…FOR GENERATIONS TO COME 28) Outdoor Pool Closure Description The City currently has 5 outdoor pools, 4 of which have exceeded their expected lifespan (generally 40 years). •EE. Mitchelson is currently not operating due to significant outstanding repairs.* •Closing Niagara Falls Lions, and Prince Charles pools would yield approx. $300,000 in savings, plus $2.2M in avoided repair/replacement costs. •Operating 1-2 outdoor pools would align with other municipalities. •Not recommended, pending outcome of aquatics strategy. *EE. Mitchelson has been recommended for closure with report back to Council in late 2024. Risk Strategic Priority N/A Service Impact Significant Savings $300,000 Revenue None Costs None Cost Avoidance $2,247,200 Not Recommended Page 34 of 44Page 404 of 735 A GREAT CITY…FOR GENERATIONS TO COME 29) Reduced City Hall Security Description Third-party security was added to City Hall to restrict the public from certain areas and in response to past incidents. •Can reduce the use of third-party security at City Hall. •Counter to practices among other City Halls, and experiences in our downtown locations. Strategic Priority Financial Sustainability Service Impact Lower service/safety Savings $20,000 annually Revenue None Costs None Cost Avoidance None Risk Not Recommended Page 35 of 44Page 405 of 735 A GREAT CITY…FOR GENERATIONS TO COME 30) Reduced Ice Surface Description The City currently operates two arenas; I.Gale Centre (4 pad); and, II.Chippawa Willoughby (single pad). •Chippawa Willoughby is near the end of its useful life. •Closing the arena would yield annual savings of approx. $235,000 plus over $15 million in capital cost replacement. •Would have significant service level impacts to ice users, tournament play and potentially for baseball tournaments. Strategic Priority Financial Sustainability Service Impact Significant Savings $235,000 Revenue None Costs None Cost Avoidance $320,000 annually Risk Not Recommended Page 36 of 44Page 406 of 735 A GREAT CITY…FOR GENERATIONS TO COME Description Implement a charge for responding to fire incidents on Niagara Parks Commission properties. •Not recommended as service is covered by a Payment in Lieu of Taxation. •The Ministry of Transportation has set the charge at $570 (per truck). 31) Incident Response - NPC Strategic Priority Financial Sustainability Service Impact None Savings None Revenue $26,000 Costs None Cost Avoidance None Risk Not Recommended Page 37 of 44Page 407 of 735 A GREAT CITY…FOR GENERATIONS TO COME Description Policy 700.22 permits non-profit groups and organizations providing a general benefit to the community to apply for a fee waiver when booking City facilities. •Current fee waiver budget is $51,000. •Consider reducing budget, or capping fee waivers approved up to a threshold. •Forecasted revenue growth would be dependent upon policy set by Council. 32) Fee Waiving Threshold Strategic Priority Financial Sustainability Service Impact None Savings Up to $51,000 Revenue None Costs None Cost Avoidance None Risk Not Recommended Page 38 of 44Page 408 of 735 Looking For Change PREVIOUS COUNCIL DECISIONS Page 39 of 44Page 409 of 735 A GREAT CITY…FOR GENERATIONS TO COME CITY REVIEWPrevious Recommendations Not Approved by Council $- $25K $- $320K New Revenue (Ongoing) Approved New Revenue (Ongoing) Presented Savings Approved Savings Presented Proposals Previously Presented to Council and Not Approved Page 40 of 44Page 410 of 735 A GREAT CITY…FOR GENERATIONS TO COME 33) Junior A/C Team Support Description The City currently provides $60,000 in annual support to the Jr. A hockey team and $20,000 to the Jr. C hockey team. •Funding was historically tied to revenue the team generated through its sponsorship rights. •Currently, sponsorship is handled by the City and the team would not on its own generate that type of sponsorship demand. Alternative •A new arrangement where the Jr. A/Jr. C teams seek revenue opportunities to replace the taxpayer subsidy. Risk Strategic Priority Financial Sustainability Service Impact Limited Savings $80,000 Annually Revenue $25,000 Costs None Cost Avoidance None Previous Recommendations Not Approved by Council_Page 41 of 44Page 411 of 735 A GREAT CITY…FOR GENERATIONS TO COME 34) Fire Dispatch Description Council considered the consolidation of Fire Services dispatch in February 2024. Approved Council Recommendation: •THAT Council DIRECT staff to maintain current operations of fire dispatch for the City of Niagara Falls. •THAT Council DIRECT the Fire Department to look for cost-saving measures for future savings and to direct all departments to abide by this same commitment to find ways to reduce costs. Report CAO-2024-03, Fire Communications Consolidation Risk Strategic Priority Financial Sustainability Service Impact None Savings $240,000 Revenue None Costs None Cost Avoidance None Previous Recommendations Not Approved by Council_Page 42 of 44Page 412 of 735 $2.9M -$260K -$1.3M $643K $2.9M $1.5M -$4,000,000 -$2,000,000 $0 $2,000,000 $4,000,000 Cost Avoidance New Revenue (Ongoing) New Revenue (One-time) Savings Fiscal Impact of All Proposals (including In-Camera Recommended) Net Costs* Costs A GREAT CITY…FOR GENERATIONS TO COME Looking For ChangeCITY REVIEWAll Proposals *Net costs reflect expected cost recovery $20K $33K $105K $200K $469K $547K $3.7M Municipal Works All (Shared LEAN) Planning, Building & Development All (Surplus Land) Corporate Services CAO Recreation, Culture & Facilities Savings & Revenue by Division (including In-Camera Recommended) *Includes $2.9M in one-time revenue (Proposal 24)Page 43 of 44Page 413 of 735 Looking For ChangeCITY REVIEWAppendix: Divisional/Department Breakdown CAO Clerks Business Development Human Resources Fire Mayor and CAO Offices Corporate Services Legal Communications Information Systems Finance Procurement Stores Municipal Works Operations Transportation Engineering Planning, Building & Development Planning Building Municipal Enforcement Parking Recreation, Culture & Facilities Older Adults & Aquatics Arenas & Athletic Fields Recreation & Programs Museum & Culture Cemeteries Facilities Page 44 of 44Page 414 of 735 F-2024-29 Report Report to: Mayor and Council Date: August 13, 2024 Title: 2024 Capital Budget Amendment - Emergency Preparedness Investment Recommendation(s) 1. THAT Council APPROVE a 2024 Capital Budget Amendment to increase project BP57-24 – Emergency Preparedness Investment by $90,000, to be funded by Capital Special Purpose Reserves, for a total project budget of $1,202,500. 2. THAT Council AWARD RFT43-2024 Supply and Installation of a New Generator at MacBain to the lowest compliant bidder, Procon Constructors Inc. in the amount of $1,116,700. 3. That the Mayor and Clerk BE AUTHORIZED to execute the necessary agreements. Executive Summary The City currently does not have a community building with an emergency power system in place that would enable the City to operate as a shelter in the event of an emergency. As part of the 2024 capital budget, Council approved a capital project budget of $1,112,500 for the supply and installation of a new generator at the MacBain Community Centre. Staff developed and issued Request for Tender RFT43-2024 in accordance with Procurement By-law 2021-04 and staff are recommending award to Procon Constructors Inc. in the amount of $1,116,700 as the lowest compliant bidder. This results in a forecasted budget shortfall of approximately $90,000. In order to proceed with the project, a budget amendment is required to be approved by Council in order to fund the shortfall. Background To be prepared for an unexpected emergency, Staff felt it critical to ensure that the City has a facility which can be fully operational and capable of operating as a shelter, for a sustained period of time in the event of a prolonged loss of electrical power. Page 1 of 3 Page 415 of 735 Therefore, Staff submitted a 2024 capital project business case for the supply and installation of a new generator at the MacBain Community Centre as part of the 2024 capital budget, that was approved with a total project budget of $1,112,500. The proposed generator would power the entire MacBain facility, including life safety equipment, HVAC, and power, to ensure it could be used in any season without utility power supply. Analysis This project is strategically aligned with the City’s Climate Adaptation Plan as Staff will be submitting a grant application for the Local Leadership for Climate Adaptation initiative which was developed to enable local governments to build long-term resiliency to the impacts of climate change. Therefore, to be fully prepared in the event of an emergency and improve the City’s emergency preparedness, Staff are seeking Council’s approval to fully fund the City’s 2024 emergency preparedness investment capital project. Based upon the results of the Request for Tender issued for this project, Staff are forecasting a project budget shortfall of approximately $90,000, inclusive of engineering fees and the supply and installation of the generator. Operational Implications and Risk Analysis Once installed, the generator may result in on-going maintenance and up-keep. Staff are not anticipating these costs to be significant, however, they will be considered as part of future capital and operating budgets. If the City is unable to fund this capital project, residents face the risk of having nowhere to shelter in place in the event of a major emergency/catastrophe. This could result in panic and confusion amongst residents and City staff, and potentially grave circumstances. Staff feel it is vital for the City to be prepared for any and all unforeseen emergencies that may occur in the future. Financial Implications/Budget Impact Staff is recommending a 2024 Capital Budget Amendment to increase project BP57-24 – Emergency Preparedness Investment by an additional $90,000, to be funded by Capital Special Purpose Reserves, for a total project budget of $1,202,500. Strategic/Departmental Alignment This aligns with the City’s Strategic Priority of “Financial Sustainability.” Strategic Plan Pillars Sustainability - Financial Page 2 of 3 Page 416 of 735 Effectively managing the City’s financial resources to meet our current and future obligations without relying on external funding sources or sacrificing our ability to deliver essential services to our residents . Written by: James Dowling, Deputy Treasurer Submitted by: Status: Tiffany Clark, Director of Finance Approved - 01 Aug 2024 Shelley Darlington, General Manager of Corporate Services Approved - 02 Aug 2024 Jason Burgess, CAO Approved - 05 Aug 2024 Page 3 of 3 Page 417 of 735 F-2024-30 Report Report to: Mayor and Council Date: August 13, 2024 Title: Indexing of Development Charges Recommendation(s) That Council APPROVE Staff’s recommendation for Council to WAIVE the 2024 indexing of Development Charges (DC) currently imposed pursuant to By-laws 2024- 053, 2024-054, and 2024-055. Executive Summary Sections 15.1 and 15.2 of the City's Development Charge By-laws 2024-053, 2024-054 and 2024-055 permit the City to index its development charges in force annually on September 1st. Notwithstanding sections 15.1 and 15.2, under section 15.3 Council for the City may, for any particular year, waive the indexing for that particular year, without amendment to its By-laws. In light of the new development charges having just come into effect July 8, 2024, Staff are recommending that City Council waive the indexing (4.8%) for September 1st, 2024 and keep the current development charges in force until September 1st, 2025. Background Development charges are collected to pay for the increased capital costs required because of increased needs for services arising from new development. A municipality is required to update its development charges every ten years. The City recently completed a new Background Study in 2024 to facilitate the legislatively required update of its Development Charges. Council for the City of Niagara Falls passed the 2024 DC Background Study on May 28th, 2024 along with three 2024 DC By-laws: 2024-053, 2024-054, and 2024-055. The 2024 DC By-laws impose new development charge rates that are effective July 8th, 2024 and will remain in effect for the next ten years, unless a By-law amendment(s) is passed. Section 15.1 of all 2024 DC By-laws prescribes that the City’s development charges are to be indexed annually on September 1st each year, without amendment, in accordance with the most recent annual change in the Statistics Canada Quarterly, Page 1 of 3 Page 418 of 735 Constriction Price Statistics (catalogue #062-007). However, section 15.3 of the DC By- laws allow Council to waive the indexing for any particular year. It is Staff’s recommendation that Council exercise this option and waive the indexing (4.8%) of development charges on September 1st, 2024 thereby keeping the current rates imposed in effect until September 1st, 2025. Analysis Since Council just recently approved the City’s 2024 DC Background Study on May 28th, 2024 and the current DC rates imposed by DC By-laws 2024-053, 2024-054, and 2024-055 only recently came into force on July 8th, 2024, Staff do not feel that it is necessary and prudent to increase rates by 4.8% with an indexing on September 1st, 2024. Staff’s goal is to both support the development community and promote economic growth and new housing in the City, while also balancing the needs of appropriate fiscal accountability and fairness to taxpayers with the collection of development charges. With this in mind, Staff are recommending to keep the current development charges in effect until September 1st, 2025. Operational Implications and Risk Analysis If Council were to not approve Staff’s recommendation to waive the current year indexing of development charges, the City faces the risk of developers opting to avoid or defer development plans as a result of increased fees. Conversely, if Council does exercise its option to waive the 2024 indexing of Development Charges, the City faces the risk of underfunded Development Charge reserves, potentially inhibiting the ability to fund future capital projects. Financial Implications/Budget Impact Staff do not feel that the financial loss as a result of development charges not being indexed by 4.8% on September 1st, 2024 is material enough to be justifiable. Therefore, Staff do not believe that DC reserves will become underfunded as a result of this recommendation. Strategic/Departmental Alignment This aligns with the City’s Strategic Priority of “Financial Sustainability.” Strategic Plan Pillars Sustainability - Financial Effectively managing the City’s financial resources to meet our current and future obligations without relying on external funding sources or sacrificing our ability to deliver essential services to our residents . Page 2 of 3 Page 419 of 735 Written by: Matt Greenfield, Senior Financial Analyst Submitted by: Status: Tiffany Clark, Director of Finance Approved - 06 Aug 2024 Shelley Darlington, General Manager of Corporate Services Approved - 06 Aug 2024 Jason Burgess, CAO Approved - 07 Aug 2024 Page 3 of 3 Page 420 of 735 L-2024-15 Report Report to: Mayor and Council Date: August 13, 2024 Title: Permanently Close and Declare Surplus of Lands City Laneway (North of Ferguson Street, West of Acheson Avenue, East of Victoria Avenue & South of Leader Lane) Our File No. 2024-40, 2024-85 and 2024-96 Recommendation(s) 1. That Council AUTHORIZE that the City laneway located north of Ferguson Street, east of Victoria Avenue, west of Acheson Avenue and south of Leader Lane, hereinafter referred to as the "Subject Lands", as shown outlined in red on the plan attached as Schedule "A", be permanently closed and declared surplus to the City's needs. 2. That Council AUTHORIZE the City Solicitor and Chief Administrative Officer, or their designate, to execute all documentation and take whatever steps necessary to carry out Recommendation 1. 3. That Council AUTHORIZE the Chief Administrative Officer, the City Solicitor, and their further designates to engage in negotiations with respect to the proposed purchases of the Subject Lands with the identified prospective purchasers and in accordance with the area breakdown of the Subject Lands proposed in Schedule "B", and in accordance with the City's land sale policy, which includes a requirement that the prospective purchasers be responsible for the cost of obtaining a fair market value appraisal of the Subject Lands. Executive Summary Description: Part Lane, Plan 997, Town of Niagara Falls lying between Victoria Avenue & Brydes Street and Leader Lane and Ferguson St; save and except Part 1 to 6, respectively, 59R- 12258; (PIN 64326-0190) (LT) (the “Subject Lands”) Total Area: Approximately 0.10 acres Type of Property: Laneway Page 1 of 6 Page 421 of 735 Location: Laneway located north of Ferguson Street, east of Victoria Avenue, west of Acheson Avenue and south of Leader Lane Special Considerations: No municipal infrastructure is located within the Subject Lands. A Bell Canada easement will be required for the continued maintenance of conduit buried in the laneway. Background The City has received 3 requests to purchase portions of the City owned laneway from abutting landowners. The first request was received from Mr. Ibrahim Khalid, the owner of 4094 Victoria Avenue. In accordance with the City's process for requests to purchase real property, a letter was sent out to the surrounding neighbours to notify them of Mr. Khalid's interest in the laneway and asking for any comments and/or objections to the potential sale. Mr. Frank Messina received the letter from the City with respect to the potential sale of the laneway and called to inquire about the balance of the laneway which abuts the properties owned by him and his family municipally known as 4105, 4111, 4121, 4129 and 4131 Acheson Avenue. This request was then sent to the balance of the abutting landowners to advise of the potential sale and to request any comments and/or objections. Mr. Ali Alsaden of Aligroup Properties Inc. responded and confirmed that he was also interested in acquiring certain portions of the Subject Lands for development of his properties located at 4100 and 4122 Victoria Avenue. A plan of the proposed distribution of the Subject Lands is attached as Schedule "B." Within the black outlined areas of the laneway, shades of pink show lands proposed to be sold to Mr. Khalid; shades of green show lands proposed to be sold to Mr. Messina; and shades of blue show lands proposed to be sold to Mr. Alsaden. Note that only the laneway portions (i.e., earmarked in the black outlines) are proposed to be sold. We have also shaded in the actual owned properties of Messrs. Khalid, Messina and Alsaden to show where they are located relative to the pieces they are interest in. The proposed distribution is in accordance with the comments received from the Planning Department noted below and will ensure that no landlocked parcel is created. Prior to any conveyance, the Subject Lands must be stopped up and closed and declared surplus to the City's needs. The Subject Lands are a City laneway which is not being utilized or maintained by the City and is overgrown with trees and other vegetation. Public notice was provided on July 31, 2024, in accordance with the City's By-law 2003.02. Page 2 of 6 Page 422 of 735 In this report, the laneway in its entirety is proposed to be declared surplus. As a further step, Staff will negotiate the actual proposed purchases and bring forward future reports to Council seeking directions on the actual purchase transactions. Analysis Information about the requested declaration of surplus has been circulated to City departments for comment. The following summarizes the comments received to date:  Municipal Works No objections to closing the laneway and declaring it surplus as the laneway does not provide any benefits to the City and this would be a good opportunity to relieve the City from further liability. There is no infrastructure in the laneway.  Planning Department Planning staff have no objections for the disposal of the laneway and sale to abutting landowners. Since there are competing offers for the portions of the lane, Planning staff suggest that where the landowners on either side of the lane have an interest, the land be divided equally between them. If this happens, no landlocked parcel should be allowed to be created.  Fire Services No objections or concerns with respect to the potential sale of City owned lands.  Transportation Services No objections.  Recreation, Culture & Facilities No objections. Operational Implications and Risk Analysis With the potential sale of the Subject Lands to the abutting landowners, the City would no longer be liable for the laneway. The purchasers would be responsible for all costs relating to the sale of the Subject Lands, including, but not limited to, public notice, reference plan, appraisal and the preparation and registration of the by-law to stop up and close the laneway. Financial Implications/Budget Impact In the event that the Subject Lands are sold at its appraised value, the City will recognize a return in the amount of the sale price. Further, the Subject Lands will Page 3 of 6 Page 423 of 735 immediately start to generate tax revenue and the City will no long be responsible for the costs relating to the care and maintenance of the Subject Lands. Strategic/Departmental Alignment The proposed step of declaring lands surplus aligns with the City's commitment to financial sustainability and optimizing the use of City assets across the corporation so as to generate additional revenue streams. Strategic Plan Pillars Sustainability - Financial Effectively managing the City’s financial resources to meet our current and future obligations without relying on external funding sources or sacrificing our ability to deliver essential services to our residents . List of Attachments Schedule A - Location Map Schedule B - Prospective Purchaser's Owned Property and Subject Lands Portions of they are interested in Written by: Nidhi Punyarthi, City Solicitor Submitted by: Status: Nidhi Punyarthi, City Solicitor Approved - 02 Aug 2024 Shelley Darlington, General Manager of Corporate Services Approved - 02 Aug 2024 Jason Burgess, CAO Approved - 05 Aug 2024 Page 4 of 6 Page 424 of 735 Location Map Print Date:© City of Niagara Falls 7/17/2024 This data is provided "as is" and the City of Niagara Falls (the City) makes no representations or warranties, expressed or implied, as to the accuracy or completeness of the data. The maps and drawings contained herein are intended for general layout purposes only and shall not be considered as official plans or drawings. For further information, please contact the City. The City shall not be held liable for special, incidental, consequential or indirect damages arising from the use of this data. Users assume all risks in using this data. No part of these digital images, or information, or hardcopies made from them may be reproduced and/or distributed without this disclaimer. SCHEDULE "A" Page 5 of 6 Page 425 of 735 This data is provided "as is" and the City of Niagara Falls (the City) makes no representations or warranties, express or implied, as to the accuracy or completeness of the data. The maps and drawings contained herein are intended for general layout purposes only and shall not be considered as official plans or drawings. For further information, please contact the City. The City shall not be held liable for special, incidental, consequential or indirect damages arising from the use of this data. Users assume all risks in using this data. No part of these digital images, or information, or hardcopies made from them may be reproduced and/ or distributed without this disclaimer.Path: K:\GIS_Requests\2024\Custom\Legal\Leader Ln\ScheduleB.aprx, Location Map Date: 7/26/2024 4098 4083 3950 4120 4100 4128 4111 4138 4138 4105 4749 4130 4129 4727-4729 4122 4121 4092 4148 4091-4099 4141-4143 4112 4090 4131 4106 4094 4128 4078Victoria AvLeader Ln Acheson AvSchedule “B” Laneway Area of Interest Address of Purchase Request 4094 Victoria Av 4100 and 4122 Victoria Av 4105-4131 Acheson Av ¯ Page 6 of 6 Page 426 of 735 MW-2024-33 Report Report to: Mayor and Council Date: August 13, 2024 Title: M.F. Ker Pickleball Facility Development Contract 2024-580-22 Award Recommendation(s) 1. That Council AWARD the MF Ker Pickleball Facility Development Contract 2024- 580-22 to the lowest compliant bidder, Stevensville Lawn Service Inc. for $409,571.00 plus applicable taxes. 2. That Council APPROVE a 2024 capital budget amendment of $77,000 funded by the OLG reserve. 3. That the Mayor and Clerk BE AUTHORIZED to execute the necessary documents. Executive Summary Staff are recommending that the tender for Contract 2024-580-22 MF Ker Pickleball Facility Development for the construction of a new 6-court pickleball Facility be awarded to the lowest compliant bidder Stevensville Lawn Service for $409,571.00 plus applicable taxes. Factoring in non-recoverable HST, a budget amendment in the amount of $77,000 is required to in order to proceed with the tender award. The budget amendment will increase the $350,000 project budget established in the 2023 Capital Budget to a total of $427,000. The budget amendment is recommended to be funded from the OLG reserve. Construction will commence in Fall 2024 and completion in Spring 2025 if approved. Background The 2021 Niagara Falls Recreation, Culture & Parks Plan recommendation RCP7-8 identifies a community need for a dedicated outdoor pickleball facility. This recommendation was prioritized for short-term implementation (2022-2024) and the dedicated outdoor pickleball facility was funded in the 2023 Capital Budget. At the April 17, 2024 Meeting, Niagara Falls City Council approved staff report MW- 2024-18 that recommended the development of the dedicated 6-court outdoor pickleball facility at M.F. Ker Park with noise-attenuating curtains. Page 1 of 3 Page 427 of 735 Analysis On June 20, 2024, a tender for Contract 2024-580-22 MF Ker Park Pickleball Facility Development was issued and closed on July 16, 2024. Four (4) bidders responded to the tender call. The lowest compliant bid in the amount of $409,571.00+HST was submitted by Stevensville Lawn Service Inc. (2821 Stevensville Road, Stevensville ON.) This bid exceeded the existing construction budget of $340,000. Although the proposed cost exceeds the existing budget, staff believe the added costs reflect current market conditions and the increased scope for noise-attenuation; therefore Staff recommend that the tender be awarded to Stevensville Lawn Service. If additional funding is provided, construction is expected to commence in Fall 2024 with completion in Spring 2025. Operational Implications and Risk Analysis The proposed pickleball facility at M.F. Ker Park replaces an existing double tennis court facility in poor condition. Although the number of courts in service will be numerically larger, the court surface area is similar and should not materially increase existing demands on maintenance staff resources. Financial Implications/Budget Impact Project funding of $350,000 was approved in the 2023 Capital Budget with $340,000 currently allocated to construction funding (including contingencies) and $10,000 to design, engineering, and administrative costs. The lowest compliant bid of $409,571.00 + non-refundable HST exceeds the current construction budget of $340,000 by approximately $77,000. The additional budget requirement of $77,000 is recommended to be funded by the OLG reserve. Strategic/Departmental Alignment This project aligns with social sustainability priorities to promote residents' quality of life and well-being. Strategic Plan Pillars Written by: David Antonsen, Landscape Architect Submitted by: Status: Erik Nickel, General Manager of Municipal Works Approved - 07 Aug 2024 Page 2 of 3 Page 428 of 735 Jason Burgess, CAO Approved - 07 Aug 2024 Page 3 of 3 Page 429 of 735 MW-2024-35 Report Report to: Mayor and Council Date: August 13, 2024 Title: Contract No. 2024-594-23 Main Street (Chippawa) Road Reconstruction (Sodom Road to Dock Street) - Single Source Request for Engineering Construction Services Recommendation(s) That Council PERMIT a Single Source procurement with R.V. Anderson Associates Limited for inspection services for Contract No. 2024-594-23 Main Street (Chippawa) Road Reconstruction (Sodom Road to Dock Street) increasing the current Purchase Order 24-118 from $88,495 to $197,945 plus applicable taxes in accordance with Section 18 of the City’s Procurement By-Law No. 2021-04. Executive Summary The purpose of this report is to request authorization from Council to permit a Single Source procurement with R.V. Anderson Associates Limited to provide inspection services for the Main Street (Chippawa) Road Reconstruction (Sodom Road to Dock Street) Contract No. 2024-594-23 by increasing the current Purchase Order 24-118 from $88,495 to $197,945 plus applicable taxes. The funding for this increase in Inspection Fees was previously approved as part of the Tender Award report for the construction of this project (Report MW-2024-09 attached). Council previously approved budgets for design in 2020 and construction in 2023 and 2024 including all contract administration and inspection services. R.V. Anderson Associates Limited performed contract administration and inspection services in 2023 and are currently performing inspection services in 2024. A revision to Purchase Order 24-118 is needed to increase the procurement amount by an additional $109,450 to reflect the total number of workings days required to complete the work in 2024. Additional working days in the contract are needed to complete additional scope identified during construction, complete work between Dock Street and Oliver Street in 2024, and to cover additional remedial work completed in 2023 after Contract 2023-519- 20 was concluded in 2023. Background Full road reconstruction including sanitary, storm sewer and lateral replacements, new curbs, the addition of bicycle lanes, and new sidewalks is currently underway on Main Street (Chippawa). The existing road and curbs are in poor condition and road drainage Page 1 of 10 Page 430 of 735 is an issue. The underground storm and sanitary infrastructure are in need of replacement. Sidewalks are narrow and wider sidewalks will meet the current standards. The addition of bicycle lanes will provide an infill for the cycling network identified in the Niagara Region Transportation Master Plan. R.V. Anderson Limited was retained in 2023 to provide construction administration and inspection services. Construction of Main Street (Chippawa) from Willoughby Drive to Dock Street was completed in 2023. Main Street (Chippawa) from Sodom Road to Dock Street was publicly tendered for construction in 2024 and is expected to be completed by the end of 2024 with the continuation of services. Analysis Staff recommends a Single Source procurement with R.V. Anderson Limited for inspection services for the Main Street (Chippawa) Road Reconstruction (Sodom Road to Dock Street) project to continue proceeding without delay. Construction of the project has been progressing continuously since April 9, 2024, and is anticipated to be completed by the end of 2024. Operational Implications and Risk Analysis Due to the importance of this critical road reconstruction project, which includes road, curbs, sidewalk, bicycle lanes, and storm sewer and sanitary sewer replacement on Main Street (Chippawa), R.V. Anderson Associates Limited was retained in 2023 to provide their knowledge and expertise towards engineering construction services. Their construction services continued in 2024 to ensure a smooth transition between three (3) contractors throughout 2023 and 2024 and their knowledge is crucial to ensuring the construction process is completed with the highest level of oversite and the best value to residents and the City. Financial Implications/Budget Impact Additional funding for 2024 consulting services in the amount of $280,000 was approved for the Main Street (Chippawa) project in MW-2024-09. It is recommended to proceed with the continued requisition of R.V. Anderson Associates Limited inspection services in the revised amount of $197,945 (from $88,495) plus applicable taxes. The increase in fees was included in the approved budget increase noted above; however, the extension of the contract cannot be given without also obtaining Council approval for the single source procurement. Strategic/Departmental Alignment Implementation of this project aligns with Council's Strategic Priorities by ensuring critical infrastructure assets' long-term sustainability and functionality through targeted repair and maintenance programs, and further by reducing the impact of wet weather events. Strategic Plan Pillars Page 2 of 10 Page 431 of 735 Sustainability - Environmental Implementing practices and policies to ensure the health and well-being of the environment for current and future generations. Contributor(s) Kent Schachowskoj, Manager of Engineering List of Attachments RVA Letter - 2024 Additional Inspection 30July2024 MW-2024-09 - Pdf Written by: Wendy Eitzen, Project Manager Submitted by: Status: Erik Nickel, General Manager of Municipal Works Approved - 06 Aug 2024 Jason Burgess, CAO Approved - 07 Aug 2024 Page 3 of 10 Page 432 of 735 RVA 236990 July 30, 2024 City of Niagara Falls Municipal Works 4310 Queen Street Niagara Falls, ON L2E 6X5 Attention: Ms. Wendy Eitzen, P.Eng. Project Manager Dear Ms. Eitzen: Re: Engineering Services for Construction Site Services Main Street Reconstruction: Sodom Road to Willoughby Drive Further to your request sent by e-mail on July 23, 2024, regarding site services for the Main Street Reconstruction project, we respectfully submit this additional fee request letter for engineering services for construction site review related to this work. 1. Background Purchase Order No. 24-118, in the amount of $88,495 +hst was approved for provision of resident site reviewer services for 80.5 working days. The actual construction duration has since increased to 140 working days, and due to some additional work authorized by the City of Niagara Falls (the City), the current construction duration is estimated at 160 days. The City also wishes to include an additional 20 working days as a contingency, in the event construction needs to be extended further. 2. Project Status To date, RVA has provided full time site review, averaging approximately 10 hours per day, since construction activity with Baiocco Construction commenced in May 2024. Details on the earned hours and associated cost for the completed work have bene provided in all our invoices to date and are available for further review to justify the requested fees. Currently, construction activity and full-time resident site review is in progress. Our budget for site services is nearly exhausted and timely approval for the requested additional budget is important for ensuring continued presence on site to document the contractor’s progress and to mitigate any potential delays in construction. Page 4 of 10 Page 433 of 735 City of Niagara Falls -2- R.V. Anderson Associates Limited July 30, 2024 3. Additional Engineering Fees We respectfully request for additional engineering fees to cover for the additional services for the following scope of work in Table 1: Table 1: Additional Scope of Work Scope of Work Engineering Fee Inspection • Full Time Inspection for an additional 79.5 working days • Full Time Inspection for a provisional 20 working days • Services based on 10 hours/day at a rate of $110/hour $109,450 Total (Excl HST) $109,450 4. Engineering Fees Should the City of Niagara Falls approve the work outlined above, our total engineering fees for this project would be as summarized in Table 2 below: Table 2 – Summary of Engineering Fees Item Original Total Fees Additional Fees Revised Total Fees PO23-164 Contract Administration $46,440 - $46,440 Provisional Contract Admin $10,000 - $10,000 Disbursements $7,973 - $7,973 SubTotal PO23-164: $64,413 PO23-163(R1) Full Time Inspection – Phase 1 $99,000 $24,193.75 $123,193.75 SubTotal PO23-163(R1): $129,193.75 PO24-118 Full Time Inspection – Phase 2 $88,495 $87,450 $175,945 Provisional Inspection – Phase 2 - $22,000 $22,000 SubTotal PO24-118: $197,945 TOTAL: $251,908 $133,643.75 $391,551.75 Page 5 of 10 Page 434 of 735 City of Niagara Falls -3- R.V. Anderson Associates Limited July 30, 2024 If this proposal is acceptable to the City of Niagara Falls, please indicate your acceptance by increasing PO24-118 by $109,450 +hst, to an authorized total of $197,945 +hst. We trust this letter provides all of the information that you require. Should you have any questions, please contact the undersigned. We look forward to receiving your acceptance. Yours very truly, R.V. ANDERSON ASSOCIATES LIMITED Vince Grande Associate Vice President, Water cc: Nick Palomba (RVA) R:\2023\236990 - Niagara Falls-Main St Inspection and CA\04 Project Management\04 Scope Changes\236990-20240730-L-eitzen-additional-inspection.docx Page 6 of 10 Page 435 of 735 MW-2024-09 Report Report to: Mayor and Council Date: February 27, 2024 Title: Main Street (Chippawa) Road Reconstruction (Sodom Road to Dock Street) Contract Award 2024-594-23 Recommendation(s) 1. That council award the 2024-594-23 Main Street (Chippawa) Road Reconstruction (Sodom Road to Dock Street) to the lowest compliant bidder, Baiocco Construction Corp. in the amount of $3,824,087.97 plus applicable HST. 2. That council approve a 2024 capital budget amendment for this project (Main St Chippawa Rd Reconstruction and Sewer R125-20) with the additional amount of $1,100,000.00 to be funded as follows: $608,800 from OCIF and $491,200 from Capital Special Purpose Reserves. 3. That the Mayor and Clerk be authorized to execute the necessary agreements. Executive Summary The purpose of this report is to seek council approval to award Contract 2024-594-23 Main Street (Chippawa) Road Reconstruction (Sodom Road to Dock Street) to the lowest compliant bidder, Baiocco Construction Corp.. Council previously approved budgets for design in 2020 and construction in 2023. Construction was awarded to Seawaves Development Services Inc. in 2023 and the contract was concluded on November 28, 2023. Remedial work was completed by Rankin Construction inc. from Willoughby Drive to Dock Street in late 2023 to ensure the road was safe for winter maintenance and to complete all work between Willoughby Drive and Dock Street. All outstanding work from Dock Street to Sodom Road is included in Contract 2024-594-23. This work will include full road reconstruction, new sanitary and storm sewers and laterals, the addition of bicycle lanes, new curbs, and sidewalks on Main Street Chippawa from Dock Street to Sodom Road. None of this work commenced under Contract 2023-519-20. The project scope was expanded in to include updated geotechnical reports to meet soil handling and disposal requirements under O. Reg. 406/19, “On-Site and Excess Soil Management.” Costs for geotechnical services have generally risen significantly because of disposal costs, inflation, and new requirements under O. Reg. 406/19. The Page 1 of 4Page 7 of 10 Page 436 of 735 scope was also expanded to include additional design consulting fees and extend the contract administration and inspection for Contract 2024-594-23. Background The City awarded Contract 2023-519-20 Main Street (Chippawa) Road Reconstruction (Sodom Road to Willoughby Drive) to Seawaves Development Services Inc. for a tender bid price of $4,203,774.64 on April 11, 2023. The full scope of work included full road reconstruction, sanitary sewer and storm sewer replacement and new laterals, new sidewalks, curbs, and the addition of bicycle lanes between Sodom Road and Willoughby Drive. Work commenced by Seawaves Development Services Inc. on June 22, 2023 and the contract was concluded on November 28, 2023. Work on Main Street (Chippawa) between Willoughby Drive and Dock Street was completed by Rankin Construction Inc. under MW-2023-32 to ensure the area was suitable for winter maintenance. Additional design work was completed to finalize the work between Dock Street and Sodom Road including storm sewer and grading updates. Additional work was completed to relocate several hydro poles and relocated traffic utilities. The project scope was expanded to include updated geotechnical reports to meet soil handling and disposal requirements under O. Reg. 406/19, “On-Site and Excess Soil Management.” Analysis In January 2024 the City issued a tender (2024-594-23) for the construction of the remaining work that is within the scope of the initial Contract (2023-519-20) Main Street (Chippawa) Road Reconstruction (Sodom Road to Willoughby Drive). The low bid received is over the approved budget. Contract 2024-594-23 was issued for bidding on January 24, 2023 and closed on February 14, 2023. seven (7) bids were received. Bidder Tender Price Corrected Bid Baiocco Construction Corp. $3,824,087.97 N/A Demar Construction Inc. $4,090,387.69 N/A Provincial Construction (Niagara Falls) Ltd. $4,115,197.19 N/A Alfidome Construction Niagara $4,477,521.15 N/A Rankin Construction Inc. $4,654,425.00 N/A Peter's Excavating Inc. $4,924,770.99 N/A Alfred Beam Excavating Limited $6,281,703.65 N/A Although the original budget covered the full scope of work (Willoughby Drive to Sodom Road), additional expenses were encountered including additional geotechnical testing Page 2 of 4Page 8 of 10 Page 437 of 735 and reporting to comply with O. Reg. 406/19, additional construction costs to relocate several hydro poles and traffic utilities, and additional consulting fees for contract administration, inspection, and finalizing the design. Higher construction costs contributed to the higher bids received and the lowest three (3) bids are within 7% of each other. Staff completed a review of the bids for mathematical errors and general compliance. The tender submitted by Baiocco Construction Corp. for the price of $3,824,087.97 plus applicable HST is the lowest compliant bid and is being recommended for contract award. The cost of this tender plus contract administration services, material testing, and any outstanding construction costs exceeds the approved budget. An additional $1,100,000 is needed to complete this project. Operational Implications and Risk Analysis The existing sanitary system on Main Street Chippawa within the project limits is aging and in need of replacement, the existing storm system is undersized and in need of replacement, the road is in poor condition and in need of road rehabilitation, sidewalks are narrow and need to be widened to meet current standards, curbs are in very poor condition and need to be replaced. This section of road has also been identified in the Niagara Region Transportation Master Plan as an infill for the cycling network and new bicycle lanes will be added. Construction work will reduce costs for maintenance and repairs. Financial Implications/Budget Impact A total of $5,004,261 was approved in the 2020 and 2023 capital budgets for the design and construction of Main Street Chippawa from Willoughby Drive to Sodom Road including full road reconstruction, new sidewalks, curbs, and bicycle lanes. Expenses to date are $1,494,530.39. The total cost to complete the works and any outstanding expenses are as follows: Contract 2024-594-23 (2024) Value (excludes HST) Construction Contract 2024-594-23 $3,824,087.97 Materials Testing $55,000.00 Contract Admin and Inspection Fees $280,000.00 Outstanding Stage 1 Construction Costs $135,000.00 Subtotal Contract 2024-594-23 (2024) $4,294,087.97 City Share of HST (1.76%) $75,575.95 Project Administration and Contingency $235,000.00 Total Remaining Project Costs $4,604,663.92 Contract 2023-519-20 Expenses to Date $1,494,530.39 Total Project Cost $6,099,194.31 Page 3 of 4Page 9 of 10 Page 438 of 735 The costs of implementing this project exceeds the $5,004,261 budget by $1,100,000. Consequently, additional funding in the amount of $1,100,000 is required to complete this capital project. Staff is recommending a 2024 capital budget amendment of $1,100,000 to be funded by OCIF and Capital Special Purpose Reserves. Strategic/Departmental Alignment The recommendations in this report enhance pedestrian safety, public health safety measures, and contribute to the City’s strategic objective of “ensuring critical infrastructure assets’ long-term sustainability and functionality through targeted repair” by improving the resilience of the wastewater and stormwater systems. Contributor(s) James Dowling, Senior Manager of Capital Accounting Carol Cooney, Senior Financial Analyst Written by: Wendy Eitzen, Project Manager Submitted by: Status: Erik Nickel, General Manager of Municipal Works Approved - 20 Feb 2024 Jason Burgess, CAO Approved - 22 Feb 2024 Page 4 of 4Page 10 of 10 Page 439 of 735 MW-2024-36 Report Report to: Mayor and Council Date: August 13, 2024 Title: Lyons Parkway Infrastructure Extension – Cost Sharing Recommendation(s) 1. That Council DIRECT Staff to enter a cost sharing agreement with the Developer for upsizing of local sanitary sewer and watermain extensions from Lyons Parkway to Ort Road. 2. That Council APPROVE a 2024 Capital Budget Amendment in the amount of $131,000, inclusive of non-recoverable HST, funded from Development Charges. 3. That Council AUTHORIZE the Mayor and City Clerk to execute all necessary Development Agreements and/or Cost sharing Agreements. Executive Summary A three-lot development that traverses the end of Lyons Parkway to Ort Road was approved the accommodate To 2023. Adjustment of Committee through in the and sewers sanitary local extend the required is Applicant Development to watermain approximately 180 metres east along Lyons Parkway dead end to Ort Road. As part of the approval a Condition was included that the Developer cost share with the City of Niagara Falls for all requested increases to capacity and/or depth to the system to accommodate remaining growth in the urban boundary along Ort Road and Willick Road. Initial cost sharing breakdowns for the City’s portion of Sanitary Sewer and Watermain extension from Lyons Parkway to Ort Road are projected be $128,673.50 excluding HST. Staff have vetted the initial Consulting Engineer's estimates to industry standards and that the City's portion reflects a proper breakdown/analysis for oversizing in accordance with the City's Local Servicing Definition. Staff is recommending a 2024 Capital Budget amendment for the costs associated with the growth-related additional growth-related infrastructure improvements. These improvements are included in the latest Development Charges Background Study. The purpose of this report is to recommend that Council direct Staff to further engage the Development Group and enter into a cost sharing agreement for the upsizing and deepening of the identified infrastructure. Page 1 of 4 Page 440 of 735 Background A three-lot development that traverses the end of Lyons Parkway to Ort Road was approved through Committee of Adjustment in 2023. To accommodate the and sewers sanitary local the extend required is Applicant the Development to watermain approximately 180 metres east along Lyons Parkway dead end to Ort Road. As part Consent Approval Staff have identified the need to upsize the required local servicing component to ensure remaining lands around Ort Road and Willick Road within Urban Boundary can be serviced. As part of the approval a Condition was included that the Developer cost share with the City of Niagara Falls for all requested increases to capacity and/or depth to the system to accommodate remaining growth in the Urban Area. Related Sanitary and Watermain upsizing costs from Lyons Parkway were part of the 2019 Development Charges Background Study as well as the recently approved 2024 Development Charges Background Study. Analysis As part of the detailed design of the servicing works the applicant is proposing to extend municipal services through an easement in favour of the City from Lyons Parkway to Ort Road. Staff have identified the need for upsizing the local Sanitary and Watermain to ensure servicing remaining in the urban boundary along Ort Road and Willick Road will be available. Initial cost sharing breakdown is as follows: COMPONENT DEVELOPER PORTION CITY OF NIAGARA FALLS PORTION Sanitary Sewer Extension– Easement from Lyons Parkway to Ort Road $114,752.00 (Excl. HST) $83,950.00 (Excl. HST) Watermain Extension– Easement from Lyons Parkway to Ort Road $71,896.00 (Excl. HST) $27,940.00 (Excl. HST) Subtotals $186,648.00 (Excl. HST) $111,890.00 (Excl. HST) Total (including 15% Contingency) $214,645.20 (Excl. HST) $128,673.50 (Excl. HST) Staff have vetted the initial Consulting Engineer's estimates to industry standards and that the City's portion reflects a proper breakdown/analysis for oversizing in accordance with the City's Local Servicing Definition and is included in the recently approved Development Charges Background Study. Page 2 of 4 Page 441 of 735 Staff recommends Council pass a resolution directing Staff to further engage the Development Group and enter into a cost sharing agreement for the upsizing and deepening of the identified infrastructure. Operational Implications and Risk Analysis The advancement of this project will allow for the City to capitalize on the Developer's responsibilities for reinstatement costs and limit the need for future increased solitary costs for similar works. The cost sharing agreement will include language to protect the City's interests including provisions for securities and that the City's portion will be owed only after the work is substantially completed. Financial Implications/Budget Impact To ensure the City is able to meet development timelines, Staff is requesting Council approve a 2024 capital budget amendment for the City’s portion of the work, totaling $131,000.00, inclusive of non-recoverable HST. Staff is recommending this be funded by Development Charges. Payment for City's portion of works to be made in 2025 following completion of works. Strategic Plan Pillars Economic Diversification & Growth Fostering a balanced and sustainable local economy achieved by expanding and diversifying the types of industries and businesses operating within the community. List of Attachments Location Map Written by: Nick Golia, Senior Project Manager/Development Submitted by: Status: Erik Nickel, General Manager of Municipal Works Approved - 06 Aug 2024 Jason Burgess, CAO Approved - 07 Aug 2024 Page 3 of 4 Page 442 of 735 /£3 Location Map N iagaraFaIIs Development 9265ORTRD 4908 Servicing Easement Corridor This data is provided "as is"and the City of Niagara Falls (the City)makes no representations or warranties,express or implied,as to the accuracy or completeness of the data,The maps and drawings contained herein are intended for general layout purposes only and shall not be considered as of?cial plans or drawings.For further information,please contact the City.The City shall not be held liable for special,incidental, consequential or indirect damages arising from the use of this data.Users assume all risks in using this data.No part of these digital images,or information,or hardcopies made from them may be reproduced and/ or distributed without this disclaimer.Path:K:\G|S_Requests\2024\Custom\Municipal Works\LyonsPyEasement\LyonsPyEasement\LyonsPyEasement.aprx,Location Map Date:8/2/2024Page 4 of 4 Page 443 of 735 PBD-2024-32 Report Report to: Mayor and Council Date: August 13, 2024 Title: Historic Drummondville CIP - Revitalization Grant Application DRU-2022-001, 5528 Ferry Street Applicant: KSV Restructuring Inc. (prev. La Pue International Inc.) Recommendation(s) That Council AUTHORIZE entry into an updated Revitalization Grant Agreement under the Historic Drummondville CIP with KSV Restructuring Inc., that is the court-appointed receiver of La Pue International Inc., based on: 1. The Owner satisfying all program requirements including entering into an agreement with the City of Niagara Falls; 2. That the Mayor and Clerk be authorized to sign the agreement; 3. That the approved Revitalization Grant request be forwarded to the Niagara Region for consideration of support under the Smart Niagara Incentive Program (SNIP); 4. That Council authorize entry into any updated Revitalization Grant Agreement to reflect any future change in ownership, and that the Mayor and Clerk be authorized to sign any such updated agreement; and 5. That Council delegate authority to the Chief Administrative Officer, the General Manager of Planning, Building and Development, the City Solicitor, and their further any execute or step(s) to any take designates, administrative documentation necessary to give effect to the above recommendations. Executive Summary Council approved a Revitalization Grant under the Historic Drummondville Community Improvement Plan (CIP) for 5528 Ferry Street in March of 2023 for 3 multiple storey mixed use condominium buildings. The original Owner entered receivership during the early construction phase, leaving the property as an unfinished excavation site. The Receiver now seeks to sell the property to a new owner, and the continuation of the Grant funding is essential to the acquisition of the property and to ensure the project's completion. To secure Regional funding through the Smarter Niagara Incentive Program (SNIP), a complete application, including an executed agreement, must be approved by the Region by October 1, 2024. Additionally, updated grant calculations reflecting the current assessed value and correct tax rates are necessary. As such, an updated Page 1 of 43 Page 444 of 735 Revitalization Grant Agreement, signed by the Receiver, is required to reflect the required updated information as well as to permit the transfer of the grant to a future owner. The draft agreement includes a two year deadline for the sale of the property and the execution of a Revitalization Grant agreement with the new Owner, and a ten year deadline for construction completion from the date of the new agreement, which if not met will end the availability of the Revitalization Grant. The current grant application is based on the development proposal that received Council approval in March of 2023. The development concept has not been amended. The phased development proposal consists of 889 residential condominium units in three buildings as follows:  Phase 1: a 30 storey building with 435 condominium dwelling units;  Phase 2: a 16 storey mixed use building with ground floor commercial and 168 condominium dwelling units; and  Phase 3: a 14 storey mixed use building with ground floor commercial and 286 condominium dwelling units. Background Revitalization Grant Incentive Program The purpose of the Historic Drummondville CIP is to provide a framework to guide public sector investment, through financial incentives, to stimulate private sector investment in the plan area. The Revitalization Grant Incentive Program, is one of three incentive programs offered through the CIP. This program was designed to provide an economic catalyst for the rehabilitation, redevelopment or developing of properties by the reduction of the large tax increase that can result from such redevelopment and, also, to aid in securing project financing. It offers an annual grant, issued for up to a ten year term after completion, equivalent to 80% of the increased City and Region taxes for the first 5 years, 60% for the following 2 years, 40% for the next 1 year and 20% for the last 2 years. Eligible projects under the Revitalization Grant Incentive are those that result in an increase in assessment value and taxes on a property after redevelopment. Revitalization Grant Application - 5528 Ferry Street Council previously approved a Revitalization Grant under the Historic Drummondville CIP on March 21, 2023, for the development of 3 multiple storey buildings at the south- west intersection of Ferry Street and Stanley Avenue. The location map and site plan are attached as “Appendix 1”. The previous Report to Council (PBD-2023-17), outlining the details of the application, is attached as “Appendix 2”. As part of Council’s approval of the Revitalization Grant for 5528 Ferry Street, staff were directed to draft an agreement with the Owner that was in line with the discussions contained in the report. During this process and before an agreement was executed, the Page 2 of 43 Page 445 of 735 City was notified of the Receivership Court Order issued by the Ontario Superior Court of Justice dated October 19, 2023 attached as “Appendix 3”. KSV Restructuring Inc. (herein referred to as the ‘Receiver’) is now in possession of the property as the court- appointed receiver for the prior Owner, La Pue International Inc. (herein referred to as ‘Original Owner’). Property Status Development during however Owner, Original the the began site the of under excavation phase for the underground parking structure, the Original Owner entered receivership. As a result, the property is currently an unfinished excavation site. The Receiver is actively entertaining offers to purchase the property. The continuation of the previously approved Revitalization Grant is key to ensure the successful sale and economic originally the on based to the redevelop viability planned property development proposal, which aligns with the vision and several goals of the Historic Drummondville CIP. Analysis Regional Participation The Region’s Smarter Niagara Incentive Program (SNIP) provides matching Regional contribution for tax increment grants (TIGs) under the Historic Drummondville CIP. This Regional program has an deadline of October 1, 2024. To qualify, a complete application for a Regional SNIP TIG must be approved prior to this date and must include a complete application information with all required information, Municipal Council approval of the incentive under the City’s program and an executed Revitalization Grant Agreement with the City. In order to secure the Regional SNIP TIG an agreement must be executed with the Receiver. The Receiver would be acting under the authority of its court appointment to enter into such an agreement and facilitate any resulting transactions in furtherance of its mandate. If supported by Council, the incentive application and an executed agreement for the project will be forwarded to the Region for participation consideration. It is noted that while Regional Staff have been delegated approval of TIGs subject to a cap, Regional participation for this project will require the decision of Regional Council and may be subject to budget constraints. Revitalization Grant Calculation The ‘estimated’ grant amount is calculated using the Pre-project Assessed Value estimated project costs and the applicable tax rate to estimate the Post-project assessed value of the property. The actual grant amount is determined after the project is completed and the Municipal Property Assessment Corporation (MPAC) completes a reassessment of the property. As the previous grant calculations were completed over a year ago, there are several components that need to be updated to provide a more accurate estimated grant amount as outlined below. A breakdown of the estimated grant is attached for Council's information as “Appendix 4”. Page 3 of 43 Page 446 of 735 Pre-project Assessed Value The 2022 Pre-project assessed value of the property was used in the most recent grant calculations completed in 2023, as it was the current assessment value available at that time. The property has since been reassessed at a higher value as assessments are based on the permitted land use of the property and a Zoning By-law Amendment was approved in August 2023 to permit the current development proposal. As a result, the most recent assessment value for the property from January 1, 2024 ($3,090,000) will be used in the updated grant calculations. Tax Rate Initially, the commercial tax rate was used for the grant calculations as the original proposal included a hotel on the site. However, the current development proposal now consists of ground-floor commercial space and residential condominium units, so the residential tax rate will be applied in the updated grant calculations. As residential tax rates are lower than commercial rates, the total estimated grant amount is now approximately $11,705,158.21 for the City’s portion, a decrease from the previous estimate of $18,610,734.74. It is important to note that these values are estimates, and the actual grant amount will be determined based on the Post-project assessed value of the property. Construction Costs The previous construction costs provided for the 2023 application were used to estimate the Post-project assessed value of the property for the grant calculations. However, due to current market conditions, updated construction costs were not provided and have likely increased since 2023. As a result, the updated grant calculations do not accurately reflect the potential value of the grant, which is most likely higher. Again, it is important to note that these values are estimates and the actual grant amount will be determined based on the Post-project assessed value of the property. Revitalization Grant Agreement To facilitate the continuation of the Revitalization Grant, based on the above discussion, an updated agreement is required with provisions that permit the transfer of the grant from the Receiver to a future owner. City Staff have prepared a draft agreement with provisions included to permit the grant to be transferred to a successor with the sale of the property. The agreement includes a two-year deadline for the sale of the property and the execution of a Revitalization Grant agreement with the new Owner, which if not met will end the availability of the Revitalization Grant. Additionally, the draft grant estimator chart was amended to reflect the updated grant calculations previously explained. The Agreement will be registered on title. The future Owner will be required to enter into all necessary agreements to take the place of and assume the obligations of the Receiver under the Revitalization Grant Agreement. Operational Implications and Risk Analysis Page 4 of 43 Page 447 of 735 Calculation of the annual grant will have an impact on Financial Services staff resources for an anticipated ten years, relative to the need to confirm the status of taxes for all 889 individual condominium units. Financial Implications/Budget Impact The grant value is confirmed when construction is complete, eligible costs have been confirmed (attached as "Appendix 5"), and MPAC has added the additional taxable assessment, in this case, for each phase of development. The estimated grant amount is calculated using the Pre-project Assessed Value estimated project costs and the applicable tax rate to estimate the Post-project assessed value of the property. As noted, the estimated grant calculation has been updated to reflect the correct tax rate and the current assessed value of the property. A summary of the grant is shown in the table below with approximate values and a detailed breakdown of the estimated grant is attached for Council's information as “Appendix 4”. Pre-Project Annual Property Taxes Estimated Post- Project Annual Property Taxes* Estimated Total TIG Amount* City $39,595.87 $1,990,000.00 $11,705,000.00 Region $46,817.86 $2,354,000.00 $13,841,000.00 TOTAL $86,413.73 $4,344,000.00 $25,546,000.00 *These are approximate rounded values, please refer to "Appendix 4" for a detailed grant estimator chart. City TIG Portion The City’s portion of the grant is estimated to total approximately $11,705,158.21 at the end of the 10 year term of the grant. It is important to note that the final grant will be calculated using the actual Post-project assessed values, as determined by MPAC, and therefore may substantially exceed the current estimate of the grant. Post TIG, an estimate of $1.990 million per year in City taxes is projected. The tax increment grant will be funded by the increase in assessment that results from the development. Regional TIG Portion As previously mentioned, Regional contribution for SNIP TIG projects require a complete application be submitted with all required information and municipal approvals by October 1, 2024. If supported by the Region, its estimated portion of the tax grant may total approximately $13,840,997.61 over the 10 year term of the grant. Together with the City’s portion of the grant, the total Revitalization Grant may total $25,546,155.82 over the 10 year term of the grant. Post TIG, an estimate of $2.354 million per year in Regional taxes is projected. City Development Charges Page 5 of 43 Page 448 of 735 The City's CIP Development Charges program provides a 75% residential Development Charge (DC) exemption for projects within the Historic Drummondville CIP boundaries based on the discretion of the General Manager of Planning, Building and Development. Commercial DCs are not exempt. This program was extended to October 1, 2025 by Council on June 18, 2024 through Council Report F-2024-24. Based on the current development proposal, residential DCs can be estimated at approximately $17 million dollars and the CIP DC exemption would value approximately $12.75 million dollars. Since this DC exemption is a discretionary exemption offered under the City's CIP grant program, and has not been budgeted for, the $12.75 million exemption will need to be funded either through taxation or utilization of the City's taxpayer stabilization reserve. Regional Development Charges Regional Council approved an extension of the Smart Growth Regional Development Charge Reduction Program through October 1, 2024. The Smart Growth grant for eligible projects is up to 50% of the Regional Development Charges (RDC's) payable, depending on the number of Smart Growth criteria met at the time of verification. The Receiver has been advised that a transition agreement would be required for this project. Under a transition agreement, a preliminary assessment for all phases of the project, building permit(s) issued, RDC's paid and construction begun no later than October 1, 2024 is required. Given the tight timeline, it is anticipated that Regional DC's will be payable at current rates at time of building permit. Other Incentives The property is exempt from the payment of cash-in-lieu of parkland dedication for residential purposes under By-law 2022-130 as it is located within the boundaries of an approved Community Improvement Plan Area. Strategic Plan Pillars List of Attachments APPENDIX 1 - Location map APPENDIX 2 - PBD-2023-17 APPENDIX 3 - Court Order APPENDIX 4 - UPDATED Draft Grant Estimator Chart APPENDIX 5 - Revitalization Grant Eligible Costs Written by: Danielle Foley, Senior Planner, Long Range Planning Initiatives Submitted by: Status: Kira Dolch, General Manager, Planning, Building & Development Approved - 07 Aug 2024 Jason Burgess, CAO Approved - 07 Aug Page 6 of 43 Page 449 of 735 2024 Page 7 of 43 Page 450 of 735 APPENDIX 1 Location Map & Site Plan, 5528 Ferry Street Page 8 of 43 Page 451 of 735 APPENDIX 2 PBD-2023-17 Page 9 of 43 Page 452 of 735 PBD-2023-17 Report Report to: Mayor and Council Date: March 21, 2023 Title: Revitalization Grant Application under the Historic Drummondville CIP DRU-2022-001, 5528 Ferry Street Applicant: La Pue International Inc. (Pawel Fugiel) Recommendation(s) That Council direct staff to undertake the following actions to implement the request by La Pue International Inc. to enter into a new phased Revitalization Grant Agreement under the Historic Drummondville CIP: 1. That the Owner satisfies all program requirements including entering into an agreement with the City of Niagara Falls. 2. That Staff be delegated to draft an agreement with the Applicant that is in line with discussions in this report. 3. That the Mayor and Clerk be authorized to sign the agreement. 4. That the current Revitalization Grant Agreement be rescinded and removed from title at the cost of La Pue International Inc. 5. That the revitalization grant request be forwarded to the Niagara Region for consideration of support under the Smart Niagara Incentive Program (SNIP). Executive Summary A request has been received for a Revitalization Grant under the Historic Drummondville Community Improvement Plan (CIP) for the development of 3 multiple storey buildings at the south-west intersection of Ferry Street and Stanley Avenue. The tax based incentive would be received over 3 separate phases, at the completion of each building, rather than at the completion of the whole of the development. A total of 889 residential condominium units are proposed: • Phase 1 - a 30 storey condominium with 435 dwelling units; • Phase 2 - a 16 storey mixed use building with ground floor commercial and 168 condominium dwelling units; and • Phase 3 - a 14 storey mixed use building with ground floor commercial and 286 condominium dwelling units. The grant will help facilitate a major redevelopment estimated at a value of $466,052,065,00 that would assist in revitalizing the surrounding area. Page 1 of 11Page 10 of 43 Page 453 of 735 The Revitalization Grant is a tax increment based grant incentive applicable where redevelopment results in an increase in property taxes - a declining percentage of the increased taxes that result from the redevelopment is rebated to the owner annually over a specified term. It is available only after completion and occupancy of the project. The current estimate for the City's portion of the tax increment grant (TIG) is $18.6 million with a net intake of $12.7 million in taxes over the 10 year term. After the TIG term ends the City is estimated to received $3.1 million dollars in taxes on an annual basis. The development charges have not been estimated. A Revitalization Grant Agreement is currently registered against title of this property for a 3 phase, 3 building development with fewer residential condominium units (350) and at a much lower estimate for cost of construction, a factor that affects the amount of the tax grant eligible to the applicant. If supported by Council, Staff will prepare a Revitalization Grant Agreement reflecting the direction and decision of Council. The existing Revitalization Grant Agreement applying to the lands, with an estimated TIG of $8,079,929 of City's taxes over the term of the agreement, would be rescinded and removed from title and the new agreement registered against title at the expense of the applicant. Background The City entered into a Revitalization Grant under the Historic Drummondville CIP for the “Stanley District” development at the corner of Stanle y Avenue and Lundy’s Lane in 2020. At that time the development consisted of a 7 storey mixed use building fronting onto Lundy’s Lane, a 6 storey, 148 room hotel fronting onto Stanley Avenue, and a 30 storey residential building fronting onto Allendale Avenue. A total of 350 residential units were proposed at an estimated construction cost of $151,319,000.00 and development was slated to proceed in a single phase. The property is an amalgamation of five previously separate properties located on the south side of Ferry Street, the east side of Allendale Avenue, and the west side of Stanley Avenue (see Appendix 1). As per the decision of Council, the Historic Drummondville CIP Boundary Area By-law 2006-226 was amended to include the whole of the lands owned by applicant, as it previously included only the northern half of the property fronting onto Ferry Street. The 2020 Revitalization Grant agreement has been amended twice over the past two years. In February of 2021, Council supported a request by La Pue International Inc. to enter into a new and restated agreement to reflect the development of the 3 buildings over three phases and to include provisions for condominium sales which would accommodate the sale of individual units during the term of the agreement. Also, this amendment set the phases of development with the mixed use building and underground parking structure proceeding construction of the 30 storey condominium and the 6 storey hotel. Page 2 of 11Page 11 of 43 Page 454 of 735 In March 2022, the applicant entered into a second amendment to the agreement to change the phasing of the development with Phase 1 being the construction of the 30 storey residential condominium (Building B) and underground parking structure; Phase 2 as the 7 storey mixed use building (Building A) and Phase 3 as the 6 storey hotel (Building C). A brief summary chart of the history of the revitalization grant approvals for this property is attached as Appendix 2. The Revitalization Grant Agreement , in its current form with the amendments, (ie. as amended in 2021) supports a grant for a total of 350 residential condominium units at an estimated cost of construction of $213,176,324.00. The density and scale of the development has now been changed to the extent that Council approval for a new agreement has been deemed necessary. The development now proposes a total of 889 residential condominium units at an estimated cost of construction of $466,052,065.00. Analysis The Revitalization Grant Incentive Program The Historic Drumondville Community Improvement Plan (CIP) focuses on the redevelopment of key vacant and underutilized properties in the Plan area and on increasing the number of people living in the area who can support existing and new businesses. Eligible projects under the Revitalization Grant Incentive are those that result in an increase in assessment value and taxes on a property subsequent to redevelopment of a building or vacant property. Time provisions are built into the CIP and the incentive programs to benefit the CIP area over the short term. The Revitalization Grant Incentive Program was designed to provide an economic catalyst for the rehabilitation, redevelopment or developing of properties by the reduction of the large tax increase than can result from such redevelopment and, also, to provide assistance in securing project financing. It offers an annual grant, issued up to a ten year term after completion, equivalent to 80% of the increased City and Region taxes for 5 years, 60% for 2 years, 40% for 1 year and 20% for the last 2 years. As required through the application, financing information has been provided for Phase 1 of the projection (30 storey condominium and underground parking) for 90% of the construction costs with La Pue International Inc. covering the remaining costs. The 2020 development proposal offered a mix of commercial and residential uses on what is considered a “Gateway” between the Fallsview Tourist District and Historic Drummondville and as such was considered at that time to be a benefit to both areas in terms of land use and aesthetics. The development has evolved into a primarily residential condominium development with 892.9m2 (9,612 ft2) of commercial space along Lundy’s Lane. Page 3 of 11Page 12 of 43 Page 455 of 735 The development does meet the vision and several goals of the Historic Drummondville CIP to redevelop key vacant and underutilized properties, and to increase the number of people living in the area who can support existing businesses in the area. However, the program, as created in 2006, did not envision the scale of development pro posed through this application nor the condominium ownership aspect of the residential use. Previous revitalization projects supported by the City through the Tax Increment Grant Incentive have been much smaller in scale and costs. The City has entered into 7 previous revitalization grant agreements within the Downtown and Drummondville CIP Areas with estimated grants ranging from $35,000 to $108,000. The City should give proper consideration to the financial aspects of the grant, including the length of the grants based on phasing, as well as the continued costs associated with administering the grant over 899 condominium units on an annual basis. These matters are considered in further detail under the Financial Implications Section of this report. Conformity with Planning Applications Council approved Zoning Amendment By-law 2022-118 on September 12, 2022 to permit the use of the subject lands for the development of three buildings at 16 storeys, 14 storeys and 30 storeys under the Tourist Commercial (TC-1191) Zone. The development proposed under the CIP application is in conformity with the Official Plan and Zoning By-law. A site plan agreement for the development as per the revised zoning is currently underway. The uses permitted on the lands include: an apartment dwelling; uses generally permitted in a TC zone; and dwelling units in a building in combination with TC uses. It is noted that a vacation rental unit may be permitted within these residential units where in compliance with the minimum zoning requirements and subject to licensing. The Revitalization Grant Agreement Condominium Units The Historic Drummondville CIP originally envisioned the creation of residential units for rental purposes. Incentive grants are issued on annual basis only after all taxes have been paid for the property in that year. With rental properties, the redeveloper/owner, being the group/individual who invested in the redevelopment of the site benefits from the grant and are in control of the taxes paid. In the case of condominium units, each individual residential unit owner is the responsible for the payment of property taxes, not the original developer, and as such the confirmation of the payment of all taxes prior to the issuance of a grant becomes more time consuming and complex for Staff calculating the amount of eligible grants (City’s Finance Department). In the case of the subject development, Staff would need to review the tax status for each of the 889 residential units on a yearly basis to verify Page 4 of 11Page 13 of 43 Page 456 of 735 the amount of the tax increment grant for the term of the agreement. The grant incentive remains with the developer and is not assigned to each unit owner. If supported by Council, the Revitalization Grant Agreement will need to fully address how incentives will be calculated, on an annual basis, should taxes on any of the residential units are in arrears. Phasing The Revitalization Grant Incentive is structured to provide a grant only after the whole of an approved development has been constructed and MPAC has issued a reassessment of the whole of the property. In addition to the calculation of the incentive across individually owned residential units, the agreement will need to provide guidance to Staff on how and when the incentive grant is calculated based on a buildout over three phases, when the post construction increase in taxes will need to be identified at the end of each phase. The previously approved revitalization agreement amendments had the provision that all phases would have to be completed within 10 years of the date of the agreement and the incentive grant would only be available for a phase if it is completed within that term. The grant period (which also runs ten years) begins with the completion/occupation of each phase. This has once again been requested by the applicant. Consequently, the City may enter into a 20 year commitment for grants to the “Stanley District” development (for example if the occupation of the final phase of construction is 10 years after signing of the agreement, and the grant term of that phase continues for 10 years). Operational Implications and Risk Analysis It is anticipated that the calculation of the annual grant will have an impact on Staff resources in Finance for a number of years to confirm the status of taxes on all 889 individual condominium units. Staff are exploring methods by which the agreement may be simplified to avoid the need for greater staffing resources to administer this project. Financial Implications/Budget Impact The tax increment based grant is confirmed when construction is complete and the Municipal Property Assessment Corporation (MPAC) has added the additional taxable assessment (in this case, for each phase of development). Based on the estimated construction value of $466,052,065.00 and the estimated total increase in tax assessment across the whole of the development, the City’s portion of the grant is estimated to total approximately $18,610,734.74 at the end of the grant period. A breakdown of the estimated grant is attached for Council's information as Appendix 4) It is important to note that the final grant will be calculated using the actual post -project assessed values, as determined by MPAC, and therefore may substantially exceed the current estimate of the grant. The tax increment grant will be funded by the assessment from a cash flow perspective. Page 5 of 11Page 14 of 43 Page 457 of 735 Regional Participation The Niagara Region confirmed matching funding for the Revitalization Grant, as amended in 2022. It was understood by the Region through their correspondence that the applicant intended to make additional changes to the project (through a zoning by - law amendment) and requested to remain informed of these changes. Regional Staff are aware of the zoning changes that have occurred as well as discussions that have been ongoing with the applicant in relation to the current incentive grant application. If supported by Council, the current incentive request by La Pue International Inc. and an executed agreement for the project will be forwarded to the Region to once again consider participation in this incentive. It is noted that Regional Staff have been delegated approval of tax incentive grants subject to a cap. Consequently the Region’s participation in this specific grant may require the decision of Regional Council and may be subject to budgeting constraints. If supported by the Region, their estimated portion of the tax grant may total approximately $19 million over the 10 year term of the grant. Together with the City's portions of the grant, the total revitalization tax grant may total $37,666,292 over the 10 year term of the grant. Post TIG, an estimate of $3.1 million per year in Regional taxes is projected. Development Charges City The City's Development Charges By-law provides a 75% residential development charge exemption for projects within the Historic Drummondville CIP boundaries based on the discretion of the General Manager of Planning, Building and Development. Commercial development charges are not exempt. This amount will have to be transferred to the development charge reserve. Currently the City is accruing $80,000 per year Region Regional Council has approved an extension of the Smart Growth Region Development Charge Program through October 1, 2024. The applicants have been advised that a transition agreement will be required for this project . Under a transition agreement, a preliminary assessment for all phases of the project, and a building permit issued, Regional development charges paid and construction begun no later than October 1, 2024 will be required. The Region's Smart Growth development charge grant for eligible projects is up to 50% of the Region's development charges payable, depending on the number of Smart Growth criteria met at the time of verification. Other Incentives The property is exempt from the payment of cash-in-lieu of parkland dedication for residential purposes under By-law 2022-130 as it is located within the boundaries of an approved Community Improvement Plan Area. Page 6 of 11Page 15 of 43 Page 458 of 735 List of Attachments APPENDIX 1 - Location map APPENDIX 2 - History of current Revitlazation Grant Agreements APPENDIX 3 - Phasing Plan APPENDIX 4- Draft Grant Estimator Chart Written by: Kira Dolch, Director of Planning, Building & Development Submitted by: Status: Andrew Bryce, Manager, Current Planning Approved - 15 Mar 2023 Jason Burgess, CAO Approved - 15 Mar 2023 Page 7 of 11Page 16 of 43 Page 459 of 735 APPENDIX 1 Location Map & Site Plan, 5528 Ferry Street Page 8 of 11Page 17 of 43 Page 460 of 735 APPENDIX 2 Existing Revitalization Grant History – 5528 Ferry Street Date of Agreement Building A Building B Building C Total Residential Units Estimated cost of construction April 2/2020 7 storey mixed use building 65 dwelling units 30 storey apartment building 285 dwelling units 6 storey hotel (148 rooms) 350 $151,319,000 February 9/2021 (amending agreement) 7 storey mixed use 65 dwelling units (condo) 22 to 30 storey residential condominium 285 dwelling (condo) units 6 storey hotel (148 rooms) 350 $213,176,324 Phase 1 Phase 2 Phase 3 March 3/2022 (amending agreement – phases only) Phase 2 Phase 1 Phase 3 Current proposal 16 storey mixed use 168 residential units 30 storey condominium 435 dwelling units 14 storey mixed use 286 residential units 889 $466,052,065 Phase 2 Phase 1 Phase 3 Current proposal suite mix: PHASE 1 & Underground : Building B - 30 Storey (435 units) 2 Bed Units - 226 (51%) 1 Bed Units - 209 (48%) PHASE 2 : Building A - 16 Storey (168 units) 1 Bed Units - 76 (45%) 2 Bed Units - 92 (55%) 9,612 SF Commercial space Phase 3 : Building C – 14 Storey (286 units) 1 Bed Units - 172 (60%) 2 Bed Units - 114 (40%) 10,598 SF Commercial space Page 9 of 11Page 18 of 43 Page 461 of 735 APPENDIX 3 - Proposed Phasing Plan Page 10 of 11Page 19 of 43Page 462 of 735 APPENDIX 4 – DRAFT GRANT ESTIMATOR CHART Estimated Cost of Rehabilitation:$466,052,065 Pre-project AV:CT $950,000 Date: Dec 31, 2022 CX $2,483,000 Date: Dec 31, 2022 Municipal Pre-project property taxes:CT $9,715.26 (City) CX $21,583.70 (City) CT $9,947.47 (Region) CX $22,099.62 (Region) (as shown below) City pre-project property taxes = (Pre-project AV * City Tax Rate) + Clawback/-Cap + other charges Regional pre-project property taxes = (Pre-project AV * Regional Tax Rate) + Clawback/-Cap + other charges Municipal pre-project property taxes = City pre-project property taxes + Regional pre-project property taxes Post-project AV (estimated)CT $306,366,842 Date: Dec 31, 2022 Calculation of Estimated Grant Estimated Grant = (Estimated Municipal post-project property taxes - Municipal pre-project property taxes) * 0.80 Actual Grant amount will be determined after the property has been revalued by MPAC and a new supplemental property tax bill has been issued and property taxes have been paid in full. GRANT CALCULATION SCHEDULE Year (N)Grant Estimated Grant (1)Factor (2)Municipal Tax Increment * Grant Factor City Region*Municipal 1 80%$2,481,431.30 $2,540,741.00 $5,022,172.29 2 80%$2,481,431.30 $2,540,741.00 $5,022,172.29 3 80%$2,481,431.30 $2,540,741.00 $5,022,172.29 4 80%$2,481,431.30 $2,540,741.00 $5,022,172.29 5 80%$2,481,431.30 $2,540,741.00 $5,022,172.29 6 60%$1,861,073.47 $1,905,555.75 $3,766,629.22 7 60%$1,861,073.47 $1,905,555.75 $3,766,629.22 8 40%$1,240,715.65 $1,270,370.50 $2,511,086.15 9 20%$620,357.82 $635,185.25 $1,255,543.07 10 20%$620,357.82 $635,185.25 $1,255,543.07 * subject to Regional approval and available funding Page 11 of 11Page 20 of 43 Page 463 of 735 APPENDIX 3 Court Order Page 21 of 43 Page 464 of 735 DOC#10780623v3 Court File No. CV-23-00700695-00CL ONTARIO SUPERIOR COURT OF JUSTICE (COMMERCIAL LIST) THE HONOURABLE MR. JUSTICE CAVANAGH ) ) ) THURSDAY, THE 19TH DAY OF OCTOBER, 2023 B E T W E E N: MARSHALLZEHR GROUP INC. Applicant - and - LA PUE INTERNATIONAL INC. Respondent APPLICATION UNDER SUBSECTION 243(1) OF THE BANKRUPTCY AND INSOLVENCY ACT, R.S.C. 1985, c.B-3, AS AMENDED, AND SECTION 101 OF THE COURTS OF JUSTICE ACT, R.S.O. 1990, c. C.43, AS AMENDED ORDER (Appointing Receiver) THIS APPLICATION made by the Applicant for an Order pursuant to section 243(1) of the Bankruptcy and Insolvency Act, R.S.C. 1985, c. B-3, as amended (the "BIA") and section 101 of the Courts of Justice Act, R.S.O. 1990, c. C.43, as amended (the "CJA") appointing KSV Restructuring Inc. as receiver (the "Receiver") without security, of all of the assets, undertakings and properties of La Pue International Inc. (the "Debtor") acquired for, or used in relation to a business carried on by the Debtor, was heard this day at 330 University Avenue, Toronto. Page 22 of 43 Page 465 of 735 - 2 - DOC#10780623v3 ON READING the affidavit of Cecil Hayes sworn June 7, 2023 and the Exhibits thereto, the affidavit of Cecil Hayes sworn on October 16, 2023 and the affidavits of Pawel Fugiel sworn on July 5, July 17, August 9, 2023 and October 18, 2023, and on hearing the submissions of counsel for the Applicant and for the Respondent, and on reading the consent of KSV Restructuring Inc. to act as the Receiver, APPOINTMENT 1.THIS COURT ORDERS that pursuant to section 243(1) of the BIA and section 101 of the CJA, KSV Restructuring Inc. is hereby appointed Receiver, without security, of all of the assets, undertakings and properties of the Debtor acquired for, or used in relation to a business carried on by the Debtor, including all proceeds thereof (the "Property"), including, without limitation, the real property described in Schedule “A” attached hereto. RECEIVER’S POWERS 2.THIS COURT ORDERS that the Receiver is hereby empowered and authorized, but not obligated, to act at once in respect of the Property and, without in any way limiting the generality of the foregoing, the Receiver is hereby expressly empowered and authorized to do any of the following where the Receiver considers it necessary or desirable: (a) to take possession of and exercise control over the Property and any and all proceeds, receipts and disbursements arising out of or from the Property; (b) to receive, preserve, and protect the Property, or any part or parts thereof, including, but not limited to, the changing of locks and security codes, the relocating of Property to safeguard it, the engaging of independent security personnel, the taking Page 23 of 43 Page 466 of 735 - 3 - DOC#10780623v3 of physical inventories and the placement of such insurance coverage as may be necessary or desirable; (c) to manage, operate, and carry on the business of the Debtor, including the powers to enter into any agreements, incur any obligations in the ordinary course of business, cease to carry on all or any part of the business, or cease to perform any contracts of the Debtor; (d) to engage consultants, appraisers, agents, experts, auditors, accountants, managers, counsel and such other persons from time to time and on whatever basis, including on a temporary basis, to assist with the exercise of the Receiver's powers and duties, including without limitation those conferred by this Order; (e) to purchase or lease such machinery, equipment, inventories, supplies, premises or other assets to continue the business of the Debtor or any part or parts thereof; (f) to receive and collect all monies and accounts now owed or hereafter owing to the Debtor and to exercise all remedies of the Debtor in collecting such monies, including, without limitation, to enforce any security held by the Debtor; (g) to settle, extend or compromise any indebtedness owing to the Debtor; (h) to execute, assign, issue and endorse documents of whatever nature in respect of any of the Property, whether in the Receiver's name or in the name and on behalf of the Debtor, for any purpose pursuant to this Order; Page 24 of 43 Page 467 of 735 - 4 - DOC#10780623v3 (i) to initiate, prosecute and continue the prosecution of any and all proceedings and to defend all proceedings now pending or hereafter instituted with respect to the Debtor, the Property or the Receiver, and to settle or compromise any such proceedings. The authority hereby conveyed shall extend to such appeals or applications for judicial review in respect of any order or judgment pronounced in any such proceeding; (j) to market any or all of the Property, including advertising and soliciting offers in respect of the Property or any part or parts thereof and negotiating such terms and conditions of sale as the Receiver in its discretion may deem appropriate; (k) to sell, convey, transfer, lease or assign the Property or any part or parts thereof out of the ordinary course of business, (i) without the approval of this Court in respect of any transaction not exceeding $100,000, provided that the aggregate consideration for all such transactions does not exceed $500,000; and (ii) with the approval of this Court in respect of any transaction in which the purchase price or the aggregate purchase price exceeds the applicable amount set out in the preceding clause; and in each such case notice under subsection 63(4) of the Ontario Personal Property Security Act, or section 31 of the Ontario Mortgages Act, as the case may be, shall not be required; Page 25 of 43 Page 468 of 735 - 5 - DOC#10780623v3 (l) to apply for any vesting order or other orders necessary to convey the Property or any part or parts thereof to a purchaser or purchasers thereof, free and clear of any liens or encumbrances affecting such Property; (m) to report to, meet with and discuss with such affected Persons (as defined below) as the Receiver deems appropriate on all matters relating to the Property and the receivership, and to share information, subject to such terms as to confidentiality as the Receiver deems advisable; (n) to register a copy of this Order and any other Orders in respect of the Property against title to any of the Property; (o) to apply for any permits, licences, approvals or permissions as may be required by any governmental authority and any renewals thereof for and on behalf of and, if thought desirable by the Receiver, in the name of the Debtor; (p) to enter into agreements with any trustee in bankruptcy appointed in respect of the Debtor, including, without limiting the generality of the foregoing, the ability to enter into occupation agreements for any property owned or leased by the Debtor; (q) to exercise any shareholder, partnership, joint venture or other rights which the Debtor may have; and (r) to take any steps reasonably incidental to the exercise of these powers or the performance of any statutory obligations, Page 26 of 43 Page 469 of 735 - 6 - DOC#10780623v3 and in each case where the Receiver takes any such actions or steps, it shall be exclusively authorized and empowered to do so, to the exclusion of all other Persons (as defined below), including the Debtor, and without interference from any other Person. DUTY TO PROVIDE ACCESS AND CO-OPERATION TO THE RECEIVER 3.THIS COURT ORDERS that (i) the Debtor, (ii) all of its current and former directors, officers, employees, agents, accountants, legal counsel and shareholders, and all other persons acting on its instructions or behalf, and (iii) all other individuals, firms, corporations, governmental bodies or agencies, or other entities having notice of this Order (all of the foregoing, collectively, being "Persons" and each being a "Person") shall forthwith advise the Receiver of the existence of any Property in such Person's possession or control, shall grant immediate and continued access to the Property to the Receiver, and shall deliver all such Property to the Receiver upon the Receiver's request. 4.THIS COURT ORDERS that all Persons shall forthwith advise the Receiver of the existence of any books, documents, securities, contracts, orders, corporate and accounting records, and any other papers, records and information of any kind related to the business or affairs of the Debtor, and any computer programs, computer tapes, computer disks, or other data storage media containing any such information (the foregoing, collectively, the "Records") in that Person's possession or control, and shall provide to the Receiver or permit the Receiver to make, retain and take away copies thereof and grant to the Receiver unfettered access to and use of accounting, computer, software and physical facilities relating thereto, provided however that nothing in this paragraph 5 or in paragraph 6 of this Order shall require the delivery of Records, or the granting of access to Records, which may not be disclosed or provided to the Receiver due to the privilege Page 27 of 43 Page 470 of 735 - 7 - DOC#10780623v3 attaching to solicitor-client communication or due to statutory provisions prohibiting such disclosure. 5.THIS COURT ORDERS that if any Records are stored or otherwise contained on a computer or other electronic system of information storage, whether by independent service provider or otherwise, all Persons in possession or control of such Records shall forthwith give unfettered access to the Receiver for the purpose of allowing the Receiver to recover and fully copy all of the information contained therein whether by way of printing the information onto paper or making copies of computer disks or such other manner of retrieving and copying the information as the Receiver in its discretion deems expedient, and shall not alter, erase or destroy any Records without the prior written consent of the Receiver. Further, for the purposes of this paragraph, all Persons shall provide the Receiver with all such assistance in gaining immediate access to the information in the Records as the Receiver may in its discretion require including providing the Receiver with instructions on the use of any computer or other system and providing the Receiver with any and all access codes, account names and account numbers that may be required to gain access to the information. 6.THIS COURT ORDERS that the Receiver shall provide each of the relevant landlords with notice of the Receiver’s intention to remove any fixtures from any leased premises at least seven (7) days prior to the date of the intended removal. The relevant landlord shall be entitled to have a representative present in the leased premises to observe such removal and, if the landlord disputes the Receiver’s entitlement to remove any such fixture under the provisions of the lease, such fixture shall remain on the premises and shall be dealt with as agreed between any applicable secured creditors, such landlord and the Receiver, or by further Order of this Court upon Page 28 of 43 Page 471 of 735 - 8 - DOC#10780623v3 application by the Receiver on at least two (2) days notice to such landlord and any such secured creditors. NO PROCEEDINGS AGAINST THE RECEIVER 7.THIS COURT ORDERS that no proceeding or enforcement process in any court or tribunal (each, a "Proceeding"), shall be commenced or continued against the Receiver except with the written consent of the Receiver or with leave of this Court. NO PROCEEDINGS AGAINST THE DEBTOR OR THE PROPERTY 8.THIS COURT ORDERS that no Proceeding against or in respect of the Debtor or the Property shall be commenced or continued except with the written consent of the Receiver or with leave of this Court and any and all Proceedings currently under way against or in respect of the Debtor or the Property are hereby stayed and suspended pending further Order of this Court. NO EXERCISE OF RIGHTS OR REMEDIES 9.THIS COURT ORDERS that all rights and remedies against the Debtor, the Receiver, or affecting the Property, are hereby stayed and suspended except with the written consent of the Receiver or leave of this Court, provided however that this stay and suspension does not apply in respect of any "eligible financial contract" as defined in the BIA, and further provided that nothing in this paragraph shall (i) empower the Receiver or the Debtor to carry on any business which the Debtor is not lawfully entitled to carry on, (ii) exempt the Receiver or the Debtor from compliance with statutory or regulatory provisions relating to health, safety or the environment, (iii) prevent the filing of any registration to preserve or perfect a security interest, or (iv) prevent the registration of a claim for lien. Page 29 of 43 Page 472 of 735 - 9 - DOC#10780623v3 NO INTERFERENCE WITH THE RECEIVER 10.THIS COURT ORDERS that no Person shall discontinue, fail to honour, alter, interfere with, repudiate, terminate or cease to perform any right, renewal right, contract, agreement, licence or permit in favour of or held by the Debtor, without written consent of the Receiver or leave of this Court. CONTINUATION OF SERVICES 11.THIS COURT ORDERS that all Persons having oral or written agreements with the Debtor or statutory or regulatory mandates for the supply of goods and/or services, including without limitation, all computer software, communication and other data services, centralized banking services, payroll services, insurance, transportation services, utility or other services to the Debtor are hereby restrained until further Order of this Court from discontinuing, altering, interfering with or terminating the supply of such goods or services as may be required by the Receiver, and that the Receiver shall be entitled to the continued use of the Debtor's current telephone numbers, facsimile numbers, internet addresses and domain names, provided in each case that the normal prices or charges for all such goods or services received after the date of this Order are paid by the Receiver in accordance with normal payment practices of the Debtor or such other practices as may be agreed upon by the supplier or service provider and the Receiver, or as may be ordered by this Court. RECEIVER TO HOLD FUNDS 12.THIS COURT ORDERS that all funds, monies, cheques, instruments, and other forms of payments received or collected by the Receiver from and after the making of this Order from any source whatsoever, including without limitation the sale of all or any of the Property and the collection of any accounts receivable in whole or in part, whether in existence on the date of this Page 30 of 43 Page 473 of 735 - 10 - DOC#10780623v3 Order or hereafter coming into existence, shall be deposited into one or more new accounts to be opened by the Receiver (the "Post Receivership Accounts") and the monies standing to the credit of such Post Receivership Accounts from time to time, net of any disbursements provided for herein, shall be held by the Receiver to be paid in accordance with the terms of this Order or any further Order of this Court. EMPLOYEES 13.THIS COURT ORDERS that all employees of the Debtor shall remain the employees of the Debtor until such time as the Receiver, on the Debtor's behalf, may terminate the employment of such employees. The Receiver shall not be liable for any employee-related liabilities, including any successor employer liabilities as provided for in section 14.06(1.2) of the BIA, other than such amounts as the Receiver may specifically agree in writing to pay, or in respect of its obligations under sections 81.4(5) or 81.6(3) of the BIA or under the Wage Earner Protection Program Act. PIPEDA 14.THIS COURT ORDERS that, pursuant to clause 7(3)(c) of the Canada Personal Information Protection and Electronic Documents Act, the Receiver shall disclose personal information of identifiable individuals to prospective purchasers or bidders for the Property and to their advisors, but only to the extent desirable or required to negotiate and attempt to complete one or more sales of the Property (each, a "Sale"). Each prospective purchaser or bidder to whom such personal information is disclosed shall maintain and protect the privacy of such information and limit the use of such information to its evaluation of the Sale, and if it does not complete a Sale, shall return all such information to the Receiver, or in the alternative destroy all such information. The purchaser of any Property shall be entitled to continue to use the personal information provided to it, and related to the Property purchased, in a manner which is in all material respects Page 31 of 43 Page 474 of 735 - 11 - DOC#10780623v3 identical to the prior use of such information by the Debtor, and shall return all other personal information to the Receiver, or ensure that all other personal information is destroyed. LIMITATION ON ENVIRONMENTAL LIABILITIES 15.THIS COURT ORDERS that nothing herein contained shall require the Receiver to occupy or to take control, care, charge, possession or management (separately and/or collectively, "Possession") of any of the Property that might be environmentally contaminated, might be a pollutant or a contaminant, or might cause or contribute to a spill, discharge, release or deposit of a substance contrary to any federal, provincial or other law respecting the protection, conservation, enhancement, remediation or rehabilitation of the environment or relating to the disposal of waste or other contamination including, without limitation, the Canadian Environmental Protection Act, the Ontario Environmental Protection Act, the Ontario Water Resources Act, or the Ontario Occupational Health and Safety Act and regulations thereunder (the "Environmental Legislation"), provided however that nothing herein shall exempt the Receiver from any duty to report or make disclosure imposed by applicable Environmental Legislation. The Receiver shall not, as a result of this Order or anything done in pursuance of the Receiver's duties and powers under this Order, be deemed to be in Possession of any of the Property within the meaning of any Environmental Legislation, unless it is actually in possession. LIMITATION ON THE RECEIVER’S LIABILITY 16.THIS COURT ORDERS that the Receiver shall incur no liability or obligation as a result of its appointment or the carrying out the provisions of this Order, save and except for any gross negligence or wilful misconduct on its part, or in respect of its obligations under sections 81.4(5) or 81.6(3) of the BIA or under the Wage Earner Protection Program Act. Nothing in this Order Page 32 of 43 Page 475 of 735 - 12 - DOC#10780623v3 shall derogate from the protections afforded the Receiver by section 14.06 of the BIA or by any other applicable legislation. RECEIVER'S ACCOUNTS 17.THIS COURT ORDERS that the Receiver and counsel to the Receiver shall be paid their reasonable fees and disbursements, in each case at their standard rates and charges unless otherwise ordered by the Court on the passing of accounts, and that the Receiver and counsel to the Receiver shall be entitled to and are hereby granted a charge (the "Receiver's Charge") on the Property, as security for such fees and disbursements, both before and after the making of this Order in respect of these proceedings, and that the Receiver's Charge shall form a first charge on the Property in priority to all security interests, trusts, liens, charges and encumbrances, statutory or otherwise, in favour of any Person, but subject to sections 14.06(7), 81.4(4), and 81.6(2) of the BIA. 18.THIS COURT ORDERS that the Receiver and its legal counsel shall pass its accounts from time to time, and for this purpose the accounts of the Receiver and its legal counsel are hereby referred to a judge of the Commercial List of the Ontario Superior Court of Justice. 19.THIS COURT ORDERS that prior to the passing of its accounts, the Receiver shall be at liberty from time to time to apply reasonable amounts, out of the monies in its hands, against its fees and disbursements, including legal fees and disbursements, incurred at the standard rates and charges of the Receiver or its counsel, and such amounts shall constitute advances against its remuneration and disbursements when and as approved by this Court. FUNDING OF THE RECEIVERSHIP 20.THIS COURT ORDERS that the Receiver be at liberty and it is hereby empowered to borrow by way of a revolving credit or otherwise, such monies from time to time as it may consider Page 33 of 43 Page 476 of 735 - 13 - DOC#10780623v3 necessary or desirable, provided that the outstanding principal amount does not exceed $100,000 (or such greater amount as this Court may by further Order authorize) at any time, at such rate or rates of interest as it deems advisable for such period or periods of time as it may arrange, for the purpose of funding the exercise of the powers and duties conferred upon the Receiver by this Order, including interim expenditures. The whole of the Property shall be and is hereby charged by way of a fixed and specific charge (the "Receiver's Borrowings Charge") as security for the payment of the monies borrowed, together with interest and charges thereon, in priority to all security interests, trusts, liens, charges and encumbrances, statutory or otherwise, in favour of any Person, but subordinate in priority to the Receiver’s Charge and the charges as set out in sections 14.06(7), 81.4(4), and 81.6(2) of the BIA. 21.THIS COURT ORDERS that neither the Receiver's Borrowings Charge nor any other security granted by the Receiver in connection with its borrowings under this Order shall be enforced without leave of this Court. 22.THIS COURT ORDERS that the Receiver is at liberty and authorized to issue certificates substantially in the form annexed as Schedule "B" hereto (the "Receiver’s Certificates") for any amount borrowed by it pursuant to this Order. 23.THIS COURT ORDERS that the monies from time to time borrowed by the Receiver pursuant to this Order or any further order of this Court and any and all Receiver’s Certificates evidencing the same or any part thereof shall rank on a pari passu basis, unless otherwise agreed to by the holders of any prior issued Receiver's Certificates. RETENTION OF COUNSEL Page 34 of 43 Page 477 of 735 - 14 - DOC#10780623v3 24.THIS COURT ORDERS that the Receiver may retain lawyers to represent and advise the Receiver in connection with the exercise of the Receiver's powers and duties, including without limitation those conferred by this Order. Such lawyers may include Chaitons LLP, lawyers for the Applicant herein, in respect of any matter where there is no conflict of interest. The Receiver shall, however, retain independent lawyers in respect of any legal advice or services where a conflict exists, or may exist. SERVICE AND NOTICE 25.THIS COURT ORDERS that the E-Service Guide of the Commercial List (the “Guide”) is approved and adopted by reference herein and, in this proceeding, the service of documents made in accordance with the Guide (which can be found on the Commercial List website at www.ontariocourts.ca/scj/practice/practice-directions/toronto/eservice-commercial/) shall be valid and effective service. Subject to Rule 17.05 this Order shall constitute an order for substituted service pursuant to Rule 16.04 of the Rules of Civil Procedure. Subject to Rule 3.01(d) of the Rules of Civil Procedure and paragraph 13 of the Guide, service of documents in accordance with the Guide will be effective on transmission. This Court further orders that a Case Website shall be established in accordance with the Guide with the following URL “https://www.ksvadvisory.com/experience/case/lapue”. 26.THIS COURT ORDERS that if the service or distribution of documents in accordance with the Protocol is not practicable, the Receiver is at liberty to serve or distribute this Order, any other materials and orders in these proceedings, any notices or other correspondence, by forwarding true copies thereof by prepaid ordinary mail, courier, personal delivery or facsimile transmission to the Debtor's creditors or other interested parties at their respective addresses as last shown on the records of the Debtor and that any such service or distribution by courier, personal Page 35 of 43 Page 478 of 735 - 15 - DOC#10780623v3 delivery or facsimile transmission shall be deemed to be received on the next business day following the date of forwarding thereof, or if sent by ordinary mail, on the third business day after mailing. 27.THIS COURT ORDERS that the Applicant, the Receiver and their respective counsel are at liberty to serve or distribute this Order, any other materials and orders as may be reasonably required in these proceedings, including any notices, or other correspondence, by forwarding true copies thereof by electronic message to the Debtor’s creditors or other interested parties and their advisors. For greater certainty, any such distribution or service shall be deemed to be in satisfaction of a legal or juridical obligation, and notice requirements within the meaning of clause 3(c) of the Electronic Commerce Protection Regulations, Reg. 81000-2-175 (SOR/DORS). GENERAL 28.THIS COURT ORDERS that the Receiver may from time to time apply to this Court for advice and directions in the discharge of its powers and duties hereunder. 29.THIS COURT ORDERS that nothing in this Order shall prevent the Receiver from acting as a trustee in bankruptcy of the Debtor. 30.THIS COURT HEREBY REQUESTS the aid and recognition of any court, tribunal, regulatory or administrative body having jurisdiction in Canada or in the United States to give effect to this Order and to assist the Receiver and its agents in carrying out the terms of this Order. All courts, tribunals, regulatory and administrative bodies are hereby respectfully requested to make such orders and to provide such assistance to the Receiver, as an officer of this Court, as may be necessary or desirable to give effect to this Order or to assist the Receiver and its agents in carrying out the terms of this Order. Page 36 of 43 Page 479 of 735 - 16 - DOC#10780623v3 31.THIS COURT ORDERS that the Receiver be at liberty and is hereby authorized and empowered to apply to any court, tribunal, regulatory or administrative body, wherever located, for the recognition of this Order and for assistance in carrying out the terms of this Order, and that the Receiver is authorized and empowered to act as a representative in respect of the within proceedings for the purpose of having these proceedings recognized in a jurisdiction outside Canada. 32.THIS COURT ORDERS that the Applicant shall have its costs of this application, up to and including entry and service of this Order, provided for by the terms of the Applicant’s security or, if not so provided by the Applicant's security, then on a substantial indemnity basis to be paid by the Applicant from the Debtor's estate with such priority and at such time as this Court may determine. 33.THIS COURT ORDERS that any interested party may apply to this Court to vary or amend this Order on not less than seven (7) days' notice to the Receiver and to any other party likely to be affected by the order sought or upon such other notice, if any, as this Court may order. 34.THIS COURT ORDERS that this order is effective from the date it is made, and it is enforceable without any need for entry and filing, provided that any party may nonetheless submit a formal order for original, signing, entry and filing, as the case may be. ________________________________________ Page 37 of 43 Page 480 of 735 DOC#10780623v3 SCHEDULE “A” Municipal Address:5528 Ferry Street, Niagara Falls, Ontario PIN:64349-0285 (LT) Property Description:FIRSTLY: LOTS 46, 51, 52, 61, 62, 63, 64 & 65, PLAN 273 & PART LOTS 43, 44, 45, 47, 48, 49 & 50, PLAN 273, VILLAGE OF NIAGARA FALLS, PARTS 1 & 3 PLAN 59R17206; SECONDLY: SURFACE RIGHTS ONLY (AS IN RO718049), PART LOTS 47, 48, 49 & 50 PLAN 273, VILLAGE OF NIAGARA FALLS, PART 2 PLAN 59R17206; SUBJECT TO AN EASEMENT OVER PARTS 1 & 2 59R17292 IN FAVOUR OF PART LOTS 41 & 42 PLAN 273 AS IN RO441658 AS IN SN754703; CITY OF NIAGARA FALLS Page 38 of 43 Page 481 of 735 DOC#10780623v3 SCHEDULE "B" RECEIVER CERTIFICATE CERTIFICATE NO. ______________ AMOUNT $_____________________ 1. THIS IS TO CERTIFY that KSV Restructuring Inc., the receiver (the "Receiver") of the assets, undertakings and properties of La Pue International Inc. (the “Debtor”) acquired for, or used in relation to a business carried on by the Debtor, including all proceeds thereof (collectively, the “Property”) appointed by Order of the Ontario Superior Court of Justice (Commercial List) (the "Court") dated the 15th day of June, 2023 (the "Order") made in an application having Court file number CV-●, has received as such Receiver from the holder of this certificate (the "Lender") the principal sum of $___________, being part of the total principal sum of $___________ which the Receiver is authorized to borrow under and pursuant to the Order. 2. The principal sum evidenced by this certificate is payable on demand by the Lender with interest thereon calculated and compounded [daily][monthly not in advance on the _______ day of each month] after the date hereof at a notional rate per annum equal to the rate of ______ per cent above the prime commercial lending rate of Bank of _________ from time to time. 3. Such principal sum with interest thereon is, by the terms of the Order, together with the principal sums and interest thereon of all other certificates issued by the Receiver pursuant to the Order or to any further order of the Court, a charge upon the whole of the Property, in priority to the security interests of any other person, but subject to the priority of the charges set out in the Order and in the Bankruptcy and Insolvency Act, and the right of the Receiver to indemnify itself out of such Property in respect of its remuneration and expenses. 4. All sums payable in respect of principal and interest under this certificate are payable at the main office of the Lender at Toronto, Ontario. 5. Until all liability in respect of this certificate has been terminated, no certificates creating charges ranking or purporting to rank in priority to this certificate shall be issued by the Receiver Page 39 of 43 Page 482 of 735 - 2 - DOC#10780623v3 to any person other than the holder of this certificate without the prior written consent of the holder of this certificate. 6. The charge securing this certificate shall operate so as to permit the Receiver to deal with the Property as authorized by the Order and as authorized by any further or other order of the Court. 7. The Receiver does not undertake, and it is not under any personal liability, to pay any sum in respect of which it may issue certificates under the terms of the Order. DATED the _____ day of ______________, 202__. KSV RESTRUCTURING INC., solely in its capacity as Receiver of the Property, and not in its personal capacity Per: Name: Title: Page 40 of 43 Page 483 of 735 DOC#10780623v3 MARSHALLZEHR GROUP INC. -and-LA PUE INTERNATIONAL INC. Applicant Respondent Court File No. CV-23-00695238-00CL ONTARIO SUPERIOR COURT OF JUSTICE (COMMERCIAL LIST) PROCEEDING COMMENCED AT TORONTO ORDER (Appointing Receiver) CHAITONS LLP 5000 Yonge Street, 10th Floor Toronto, Ontario M2N 7E9 Maya Poliak (LSO #54100H) Tel: (416) 218-1161 E-mail: maya@chaitons.com Laura Culleton (LSO #82428R) Tel: (416) 218-1128 E-mail: laurac@chaitons.com Lawyers for the Applicant Page 41 of 43Page 484 of 735 APPENDIX 4 UPDATED Draft Grant Estimator Chart Estimated Cost of Rehabilitation: $466,052,065.00 Pre-Project Assessment Value: MT $3,090,000 Date: January 1, 2024 Municipal Pre-Project Property Taxes 1 City of Niagara Falls: MT $39,595.87 Region of Niagara: MT $46,817.86 Post-Project Assessment Value $306,023,842 (estimated) Date: January 1, 2024 Calculation of Estimated Initial Grant: (Estimated Municipal Post Project Property Taxes – Municipal Pre-Project Property Taxes) x 0.80 Calculation of the Actual Grant will be determined after the property has been revalued by MPAC and a new supplemental property tax bill has been issued and property taxes have been paid in full. Grant Calculation Schedule Year (N) Grant Factor Estimated Grant: Municipal Tax Increment x Grant Factor City Region* Municipal 1 80% $1,560,687.76 $1,845,466.35 $3,406,154.11 2 80% $1,560,687.76 $1,845,466.35 $3,406,154.11 3 80% $1,560,687.76 $1,845,466.35 $3,406,154.11 4 80% $1,560,687.76 $1,845,466.35 $3,406,154.11 5 80% $1,560,687.76 $1,845,466.35 $3,406,154.11 6 60% $1,170,515.82 $1,384,099.76 $2,554,615.58 7 60% $1,170,515.82 $1,384,099.76 $2,554,615.58 8 40% $780,343.88 $922,733.17 $1,703,077.05 9 20% $390,171.94 $461,366.59 $851,538.53 10 20% $390,171.94 $461,366.59 $851,538.53 *Subject to Regional approval and funding 1Municipal Pre-project Property Taxes = City Pre-project Property Taxes (Pre-project Assessment value x City Tax Rate) + Clawback/- Cap and other charges plus Regional Pre-project property taxes (Pre-project Assessment Value x Regional Tax Rate) + Clawback/- Cap and other charges Page 42 of 43 Page 485 of 735 APPENDIX 5 Revitalization Grant Eligible Costs Only eligible project costs that are paid for by the property owner who enters into the Revitalization Grant Agreement with the City are eligible for the incentive. Eligible project costs that are incurred prior to execution of a formal Revitalization Grant Agreement with the municipality are not retroactively eligible for the incentive. Ineligible costs include, but are not limited to, household appliances, decorative amenities, and financing, consulting fees, and fees to prepare building permit plans. 1. Eligible costs for Revitalization Grant Projects are as follows: i) demolition of buildings and structures, removal and disposal of materials and debris, abandoned infrastructure; general improvements for structural safety to satisfy property standards and minimum requirements of the Ontario Building Code; ii) lot preparation, construction/improvement/relocation of services, including but not limited to water service, sanitary/ storm sewers, roads, curbs, gutters, catchbasins, lighting, hydro, gas and communication services; construction of sound barriers, gas migration trenches; iii) capital expenditures for new building construction, and renovation, reuse, rehabilitation, alteration and expansion of existing buildings to be retained on site; iv) streetscaping, landscaping improvements, public realm improvements, sustainable development initiatives; and v) Municipal Property Assessment Corporation (MPAC) Assessment Estimate, and Supplementary Assessment. Page 43 of 43 Page 486 of 735 R&C-2024-11 Report Report to: Mayor and Council Date: August 13, 2024 Title: 2024 Arts & Culture Wall of Fame Inductees Recommendation(s) That Council approve the following 2024 Arts & Culture Wall of Fame Inductees: Brighton Rock, Evergon, Denise Matthews (Vanity) Executive Summary The Arts & Culture Committee oversees the selection of Inductees for the Niagara Falls Arts special a is Fame of Wall the Induction Fame. of Wall Culture & into acknowledgement recognizing the contributions and achievements of citizens, past and present that reflect the best of Niagara Falls. This year’s Induction Ceremony is scheduled for November 7, 2024 at the Exchange. Background On July 11, 2024, the Arts & Culture Committee reviewed the Arts & Culture Wall of Fame nomination forms and selected nominees for induction into the 2024 Arts & Culture Wall of Fame. The objectives of the Arts & Culture Wall of Fame are: 1. To serve as a visual memory of artistic and cultural contributions in the City of Niagara Falls; 2. To ensure that both past and present residents receive due recognition for their artistic and cultural contributions. Inductees must illustrate the following to be inducted into the Wall of Fame: 1. Outstanding achievement in their artistic or cultural field; 2. A measurable impact on the Niagara Falls community must be illustrated municipally, provincially, nationally, or internationally; 3. A person must have resided in Niagara Falls and/or have Niagara Falls as the main venue for their art for an extensive period of time; 4. Community Sponsors must have a minimum of five (5) years of significant contribution. Nominees who have met the minimum criteria; and have been recognized by their peers with a prestigious award such as a Juno, where such an award exists; or have been Page 1 of 5 Page 487 of 735 recognized for their art through national or international acclaim will be eligible for automatic induction. The Wall of Fame was previously housed at Niagara Square. It moved to the Niagara Falls Public Library on Victoria Avenue for several years but is now installed in its new home at the Niagara Falls Exchange. The Wall of Fame has done an excellent job at highlighting the achievements of many residents. It highlights those who have achieved fame on a global scale, as well as those who have contributed out of the spotlight, but are essential to the ongoing cultural community of Niagara Falls. Analysis The purpose of the Niagara Falls Arts & Culture Committee is to foster, develop, and unite artistic and cultural activities in the community. Through the Arts & Culture Wall of Fame, the Committee is able to recognize individuals, groups, community builders, community sponsors, and works of art that have contributed to enriching the lives of Niagara Falls residents, our communities, environment, and economy. The Arts & Culture Wall of Fame continues to raise awareness and the profile of culture’s contribution to our daily lives and will hopefully inspire future artists, community builders, and community sponsors. The City of Niagara Falls Arts & Culture Committee is pleased to acknowledge the contributions of individuals and groups that have contributed to the culture of Niagara Falls. The nominees that were selected to be inducted meet all of the requirements for induction. Financial Implications/Budget Impact City Staff will coordinate the Induction Ceremony and have budgeted $5,000.00 from the Arts & Culture Committee budget for printing and installation of bios and photos, keeper plaques for inductees and the ceremony itself. Strategic/Departmental Alignment The City’s Recreation & Culture Department has a commitment to provide optimum leisure service delivery in the City of Niagara Falls which enhances the quality of life, health and well-being of our people, our communities, our environment and our economy. Strategic Plan Pillars Sustainability - Social Working in partnership with the Niagara Region to ensure residents have access to basic needs, ensuring that Niagara Falls is a livable, inclusive and supportive community for all. Page 2 of 5 Page 488 of 735 List of Attachments 2024 WOF report biographies Written by: Clark Bernat, Culture & Museums Manager Submitted by: Status: Kathy Moldenhauer, General Manager of Recreation, Culture & Facilities Approved - 05 Aug 2024 Jason Burgess, CAO Approved - 05 Aug 2024 Page 3 of 5 Page 489 of 735 Arts & Culture Wall of Fame Recommended Inductees for 2024 Approved by Niagara Falls Arts & Culture Committee on July 11, 2024 Automatic Inductee Evergon Born Albert Jay Lunt in Niagara Falls in 1946, Evergon is a Canadian artist, teacher and activist. His work explored photography and many its related forms. Born in Niagara Falls, Evergon attended Stamford Collegiate and, after graduation, studied at Mount Allison University in New Brunswick where he received his Bachelor of Fine Arts (BFA) in 1970. He went on to complete a Masters of Fine Arts (MFA) in 1974 at the Rochester Institute of Technology. In 2023, Evergon was awarded the Governor General's Award in Visual and Media Arts for Artistic Achievement. Prior to this, Evergon's work was recognized with awards from the Canada Council and Petro-Canada. In 1986, he was the recipient of the Canada Council's Victor Martyn Lynch-Staunton Award for his work with large format photography and in 1990 he received the Petro-Canada's Art and Technology Award for his work in holography. In 1988, the Canadian Museum of Contemporary Photography organized a major retrospective of his work, "Evergon: 1971-1987", which was exhibited at the National Gallery of Canada and toured nationally and internationally. In 1994 Evergon was the subject of a major solo show at the Ottawa Art Gallery. Through his 1996 five-month residency at the Bradford Photography Fellowship, Evergon exhibited a major solo retrospective at the UK-based National Museum of Photography, Film & Television, which was accompanied by an "Evergon 1987-1997" catalogue. In 2022, the Musee national des beaux-arts du Quebec presented a major retrospective of his work titled Evergon:Theatres of the Intimate which featured 230 works. Evergon's work is included in many public collections including the Canadian Museum of Contemporary Photography; the National Gallery of Canada; the Edmonton Art Gallery; the Agnes Etherington Art Centre, Kingston; Musee d'art contemporain de Montreal; the Art Institute of Chicago; the International Center of Photography, NY; George Eastman House, Rochester, NY; the Polaroid International Collection, Frankfurt, Germany; Musee de l'Elysee, Lausanne; and many others. Page 4 of 5 Page 490 of 735 Additional Inductees Brighton Rock Niagara Falls guitarist Greg Fraser and bass player Stevie Skreebs met in their early teens in the 70’s. These two guitar players had a passion for music and an unwavering dream to be rock stars. They put a tremendous amount of time and effort into searching for the right band mates to form a brotherhood. They found that with vocalist Gerry McGhee, drummer Mark Cavarzan and keyboardist Johnny Rogers and the Canadian hard rock band Brighton Rock was born. They released Brighton Rock, a self-titled EP in 1985 that included four of their original hits and clinched the deal to sign with Warner Music Group in 1986. Three albums were released under the Warner label garnering national and international attention including two significant Juno Award Nominations. Young, Wild and Free (1986), Gold record Take A Deep Breath (1988) and Platinum record Love Machine (1991). At the Juno Awards of 1990, Brighton Rock was nominated as Most Promising Group of the Year – that award went to an alternative rock band, The Tragically Hip. In 1992 their album Love Machine was nominated as Hard Rock Album of the Year –the award went to RUSH. The band toured extensively across Canada, US and Europe and took a much-needed break in 1992. Throughout it all the guys remained close friends and joined together for various gigs and a reunion tour in 2001 releasing the live album A Room for Five Live and a greatest hits package The Essentials in 2006. They headlined at European festivals and the famous Monsters of Rock Cruise in 2019. They continued to regroup for festivals and benefit concerts until 2020 Denise Matthews (Vanity) Denise Katrina Matthews was born in Niagara Falls, Ontario, on January 4, 1959, the daughter of Helga Senyk and Levia James Matthews. Matthews, known professionally as Vanity, was a Canadian singer, model, and actor. Known for her image as a sex symbol in the 1980s, she became an evangelist and renounced her career as Vanity in the 1990s. Vanity was the lead singer of the female trio Vanity 6, which was created by the musician Prince. Known for their 1982 hit song "Nasty Girl", they disbanded in 1983, when she decided to embark on a solo career. Vanity released two solo albums on the Motown Records label, Wild Animal and Skin on Skin. She had minor hit singles with "Pretty Mess", "Mechanical Emotion", "Under the Influence", and "Undress" from the 1988 film Action Jackson. Vanity also had a successful career as an actor, starring in the films The Last Dragon (1985), and 52 Pick-Up (1986), and Action Jackson. Page 5 of 5 Page 491 of 735 PBD-2024-34 Report Report to: Mayor and Council Date: August 13, 2024 Title: Development and Housing Report and Provincial reporting Recommendation(s) 1. That Council receive the Quarter 2 Development and Housing Status Report that reviews the status of current development and housing activity in the City of Niagara Falls from April 1 through June 30 of 2024 (Q2). 2. That Council direct staff to forward the housing information to the Province as required. Executive Summary As part of the More Homes for Everyone Act, 2022, the Planning Act was amended to give the Minister of Municipal Affairs and Housing the authority to require municipalities and planning boards to report information on planning matters. The Province has mandated specific data to be reported on a quarterly and annual basis. Statistics Canada has released a population estimate for the City to the end of 2023. The estimated population of the City of Niagara Falls at the end of 2023 is 105,552, which is an increase of 11,137 from the 94,415 reported in the 2021 Census, and a 11.7% increase in population. This equates to an estimated growth rate was 4.7%, when compared to the projected growth rate from the Province of 1.7%, this illustrates that the City is growing more quickly than has been previously forecast. In the second quarter of 2024, the City of Niagara Falls issued 192 residential building permits at a value of $64.43 million for new homes, with 67% of these new homes meeting the criteria for affordable housing at the moderate household income level. During the same period the Canada Mortgage and Housing Corporation (CMHC) reported 46 housing starts (the beginning of the housing construction cycle, indicated by a completed foundation), and 197 completions (the end of the housing construction cycle, occupants can move in). In non-residential development, Niagara Falls saw 12 permits at a value of $90.4 million in new Industrial, Commercial, and Institutional (ICI) construction, and 31 permits at a value of $6.1 million in renovations and alterations for a total of $96.5 million. Page 1 of 18 Page 492 of 735 The City of Niagara Falls continues to maintain over an 8-year supply of land for housing with over 6,908 draft approved and registered units. In the second quarter of 2024, the Planning Department has received 55 planning applications and attended 29 pre-consultations. This is an increase from the first quarter of 2024 which had 31 planning applications and 44 pre-consultation meetings. All planning applications in Q2 have been processed within the Provincially prescribed timelines. By-Law Services has processed 786 complaints and inquiries, 34 letters, 23 rodent rebates and issued 74 orders. This is a 22% decrease compared to quarter 1 of 2024 which had 1,040 complaints, letters, and inquiries and 140 orders issued. Overall, this data shows the continued growth of Niagara Falls, and a recovery from the impacts of COVID-19, and the delays caused by the high interest environment of last year. The City’s population continues to grow, as does the City’s housing stock, and economic capacity, positioning Niagara Falls to achieve growth targets and to be prepared for any challenges that may come. Background The information and data collected for the provincial reporting is included in this report for Council’s information. This report informs Council about building, development and by-law enforcement activity that occurred in the City during the second quarter of 2024 (April to June), as part of the strategy to manage and plan for the City’s future. This report also measures the progress towards the Housing Supply Action Plan commitments which includes the City of Niagara Falls Housing Pledge to build 8,000 homes in the next 10 years. Analysis This report provides Council with a quarterly review of building, development and by-law enforcement activity that occurred in the City of Niagara Falls in the second quarter of 2024. In addition, it allows for benchmarking of service levels. “Appendix 1” summarizes the detailed statistics that are required to be submitted to the Provincial Ministry of Municipal Affairs and Housing quarterly and annually. Population Statistics on population are released by Statistics Canada, either through Census data or population estimates. The 2021 Census identified the City of Niagara Falls population as 94,415 people, recorded on Census day, July 1, 2021. Statistics Canada has recently released a population estimate for the City of Niagara Falls as of December 31, 2023 of 105,552 people. This is an increase of 11,137 residents, and represents an Page 2 of 18 Page 493 of 735 approximate 11.7% population increase. This equates to approximately 4,454 new residents per year, or a population growth of 4.7% per year. 12 all models projection population for has Niagara of Region The developed municipalities out to 2051. These projections have informed housing targets that have been assigned by the Region to the municipalities. For Niagara Falls, the Regions has projected a population of 141,650 by the year 2051. This projection has led to the housing target and the City’s Housing Pledge to build 8,000 new homes by 2031. This heightened rate of population growth, if it continues, may result in the city meeting its 2051 population target of 141,650 people (anticipated by the new Niagara Region Official Plan) earlier than expected. By extension, this supports staff expectations that the City will exceed growth targets for 2051 as previously reported. While population growth is a target for the City, exceeding growth estimates earlier than expected may have undetermined impacts. As such, staff will continue to actively monitor the City’s population. Residential Development: Building Permits Niagara Falls issued 192 new residential building permits in the second quarter of 2024. Specifically, townhouse 52 permits, unit 37 permits, building detached single 73 apartment unit permits, and 30 additional dwelling units (ADUs) were issued. When compared to the second quarter of 2023 that saw 17 residential building permits issued, this is a significant improvement. Further, this is an increase from the first quarter of 2024 which saw 128 residential building permits issued. This indicates that the housing industry is rebounding from the slowdown experienced in 2023. Housing Affordability ‘Affordable’, as defined in the proposed 2024 Provincial Planning Statement means housing for which the purchase price results in annual accommodation costs which do not exceed 30 percent of gross income for low- and moderate-income households. Affordability income low with levels income a spectrum across measured is of represented by households annually earning up to $64,800 and moderate incomes represented by households earning between $64,800 and $103,572 annually. ‘Affordability’ is estimated based on the value of a construction permit, adjusted and reflective of values provided by the Ontario Large Municipalities Chief Building Officials (OLMCBO). These values are used to ensure that construction values on building permits are more accurate and realistic than in the past. While accurate to construction costs, OLMCBO construction permit values will not account for land costs 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. It is important to note that the value of the new housing unit on the building Page 3 of 18 Page 494 of 735 permit will not necessarily equate to what the new housing unit will be sold for on the open market. With respect to the affordability of new residential construction in the second quarter of 2024, of the 192 new construction permits, as demonstrated in Figure 1, 129 units, or 67%, would be considered affordable for moderate income households (primarily at the higher end of the moderate-income brackets and earning up to $103,572 annually) based on OLMCBO construction values. Townhouses and new ADUs make up the majority of new affordable housing construction in the second quarter. The fastest growing sector of housing that is affordable is ADUs. For both the first and second quarters of 2024 100% of ADU building permits met the criteria to be considered affordable, due to their small footprint. Of the 30 new ADUs, 24 were basement units, 2 were detached units, 3 were second floor units, and 1 was a garage unit. Further, townhouses are also a major source of affordable housing, with 100% of permits issued in quarter 2 meeting the criteria for affordability. 21 of 37 townhouse permits met the criteria for Low Income households (those earning up to $48,924 annually). Figure 1: New Residential Construction Affordability by Income Bracket, 2nd Quarter 2024 Income Level Low Income Low Income Low Income Moderate Income Moderate Income Moderate Income Totals Maximum Household Earnings $23,868 $36,288 $48,924 $64,800 $84,132 $103,572 Single Detached Houses - - - - 60 1 61 Semi Detached Houses - - - - - - - Townhouses - - 21 4 12 - 37 Additional Dwelling Units - - 30 - - - 30 Total - - 51 4 72 1 129 Residential Development: Starts & Completions In the second quarter of 2024, CMHC reported 46 housing units were started (the beginning of the housing construction cycle) and 197 housing units were completed (the end of the construction cycle) in Niagara Falls. Of the 46 housing starts, there were 19 single detached, 2 semis, and 25 townhouse units started. Of the 197 housing units completed in the second quarter, 2024, there was 1 single detached, 2 semi detached and 194 townhouse units completed. Page 4 of 18 Page 495 of 735 This represents significant progress towards the City’s Housing Pledge to construct 8,000 homes by 2031. In order to reach this goal, 200 units of housing must be built per quarter, or 800 units per year. Typically, the third quarter will see the highest number of completions as the warm weather is conducive to construction. With 197 completions in quarter 2, and 126 in quarter 1, the City is well on its way to achieving the target of 800 new homes for 2024. Non-Residential Development: Industrial, Commercial & Institutional Twelve permits were issued for new Industrial, Commercial, and Institutional (ICI) construction 1 use, industrial 1 includes which of quarter second the in 2024, commercial use, and 10 institutional uses, with a construction value of $90.4 million. $89.5 million of new ICI construction is attributed to permits associated with the construction of the new hospital, while other new ICI construction is attributable to a new elementary school, and a commercial development. New hospital construction dominating the value of new construction ICI permits is a trend that continues from last quarter and can be anticipated to remain the largest value of new ICI construction for the remainder of 2024. Thiry-one permits were issued for renovations and alterations to existing ICI uses, which includes 4 for industrial uses, 22 for commercial uses, and 5 for institutional uses, at a construction value of approximately $6.1 million. This brings the total value of all ICI permits issued for the second quarter of 2024 to $96.5 million, which is an increase from the first quarter of 2024. The first quarter of 2024 saw a new ICI construction value of $22 million, and $4.3 million in renovations and alterations, for a total of $26.3 million. When the second quarter of 2024 is compared to the second quarter of 2023, there is a significant increase in new ICI construction activity. The second quarter of 2023 had a new construction value of $7.3 million, significantly less than 2024’s $90.4 million. Second quarter 2023 has a value of $3.01 million in renovation and alterations permits, significantly less than Q2 2024s value of $6.1 million. Land Supply With a supply of 6,908 draft approved and registered units, the City has an 8.6 year supply (as of April 1, 2024) of readily developable land which exceeds the 3 year minimum provincial requirement. Quarter 2 Planning Applications During the second quarter of 2024, Planning and Development staff have received the following numbers and types of applications:  9 Zoning By-Law Amendment applications,  5 Official Plan Amendment applications, Page 5 of 18 Page 496 of 735  1 Subdivision application,  23 Minor Variance applications,  10 Consent applications,  7 Site Plan applications,  0 Plans of Condominium; and,  29 Pre-consultation meetings. In the second quarter of 2024, 55 planning applications and 29 pre-consultations were processed as compared to 18 planning applications and 16 pre-consultation meetings in the first quarter of 2024. When compared to the second quarter of 2023, Q2 2024 has seen an increase in planning applications, but a decrease in pre-consultation meetings. The second quarter of 2023 had 31 planning applications and 44 pre-consultation meetings. Quarter 2 Building and By-law Services Statistics During the second quarter of 2024, Building and By-law Enforcement Services staff responded to the following numbers of complaints.  123 By-law complaints and 39 Orders issued,  20 Water Supply, Plumbing and Drainage complaints,  18 Occupancy Standards (where there are multiple issues) complaints,  21 tree issues complaints,  15 structural, roof, stairs, walls, ceiling, foundation (exterior) complaints,  2 lack of heat complaints,  3 zoning / out buildings complaints,  24 complaints where there are multiple issues, including graffiti,  20 miscellaneous complaints,  35 Building Code Orders issued,  23 Rodent Rebates paid out,  540 Calls/Counter inquiries through the Clerk’s office; and,  34 Compliance letters issued. This represents a total of 786 complaints, and inquiries, 34 letters, 23 rodent rebates paid out, and 74 orders issued. Compared to Q1 of 2024, By-Law activity is down 22% as the first quarter of 2024 had a total of 1,040 complaints, letters, and inquiries, and 140 orders issued. When compared to the second quarter of 2023, which had 2,227 complaints, letters and inquiries, and 17 orders issued, Q2 2024 has seen a large decrease in complaints, letters, and inquiries, but an increase in orders issued. Financial Implications/Budget Impact This report has no direct financial implications for the City, however, metrics contained in this report help inform the City’s financial and growth strategies. Page 6 of 18 Page 497 of 735 Strategic/Departmental Alignment The development of a quarterly Housing Report is consistent with the City’s Strategic priorities of Diverse and Affordable Housing. Strategic Plan Pillars Economic Diversification & Growth Fostering a balanced and sustainable local economy achieved by expanding and diversifying the types of industries and businesses operating within the community. List of Attachments Q2 Development and Housing Report-Final Written by: John Hagemans, CPT, Assistant Planner, Policy Planning Submitted by: Status: Jason Burgess, CAO Approved - 08 Aug 2024 Page 7 of 18 Page 498 of 735 Page 1 of 11 City of Niagara Falls: Housing and Growth Monitoring Report Quarter 2 Report: April 1st, 2024 to June 30th, 2024 Page 8 of 18 Page 499 of 735 Page 2 of 11 Residential Building Permit Activity Building Permits by Value – $ Millions New Residential Construction by Unit Type, 2nd Quarter 2024 Type Q1 Q2 YTD Total Single Family Dwellings 22 73 95 Semi Detached Dwellings 2 - 2 Town Houses 29 37 66 Apartment Units 50 52 102 Additional Dwelling Units 25 30 55 Total 128 192 320 Month New Construction Renovations and Alterations Total April $7.71m $0.62m $8.33m May $45.16m $0.71m $45.87m June $11.56m $0.98m $12.54m Total $64.43m $2.32m $66.75m Source: Niagara Falls Building Department, Building Permits, 2024 Source: Niagara Falls Building Department, Building Permits, 2024 Page 9 of 18 Page 500 of 735 Page 3 of 11 New Residential Construction by Unit Type, 2nd Quarter over 5yrs Type 2020 Q2 2021 Q2 2022 Q2 2023 Q2 2024 Q2 Single Family Dwellings 20 33 34 11 73 Semi Detached Dwellings 0 4 2 2 0 Town Houses 52 85 140 4 37 Apartment Units 227 0 0 0 52 Additional Dwelling Units - - 1 - 30 Total 299 122 177 17 192 $570,000 $580,000 $590,000 $600,000 $610,000 $620,000 $630,000 $640,000 $650,000 0 50 100 150 200 250 300 350 January February March April May June 2024 New Listings and Sales Price New Listings Average Sales PriceSource: Niagara Association of Realtors, Monthly Statistics, 2024 Corporation Page 10 of 18 Page 501 of 735 Page 4 of 11 2nd Quarter Residential Development CMHC Reported Residential Starts 2024 Singles Semis Towns Apartments Total Q1 12 2 12 - 26 April 4 2 13 - 19 May 5 - 12 - 17 June 10 - - - 10 Q2 Total 19 12 25 - 46 *Residential starts do not account for ADUs. CMHC Reported Residential Completions 2024 Singles Semis Towns Apartments Total Q1 14 4 85 23 126 April - - 12 - 12 May 1 2 84 - 87 June - - 98 - 98 Q2 Total 1 2 194 - 197 Source: Canada Mortgage and Housing, Housing Market Information Portal, 2024 Source: Canada Mortgage and Housing, Housing Market Information Portal, 2024 As reported to the CMHC, a residential start is the start of the construction phase, typically a building foundation or footing, and a completion is the end of the construction cycle, when a building is ready for habitation. Page 11 of 18 Page 502 of 735 Page 5 of 11 Housing Affordability The affordability of a new home is assessed based upon the value of the building permit Affordability in the case of home ownership is defined as housing for which the price results in annual accommodation costs do not exceed 30% of gross annual household income for low and moderate-income households. New housing units that are deemed to be affordable: 67% of new construction housing units are considered affordable for a moderate- income level household (earning up to $103,572 annually). Meaning 129 of 192 housing units met the affordability criteria. New Residential Construction Affordability by Income Bracket, Q2 2024 Income Level Low Income Low Income Low Income Moderate Income Moderate Income Moderate Income Total Maximum Household Earnings $23,868 $36,288 $48,924 $64,800 $84,132 $103,572 Single Detached Houses - - - - 60 1 61 Semi Detached Houses - - - - - - - Townhouses - - 21 4 12 - 37 Additional Dwelling Units - - 30 - - - 30 Total - - 51 4 72 1 129 Non-Residential Development: Industrial, Commercial, and Institutional With a supply of 6,908 draft approved and registered units, the City has an 8.6 years supply (as of April 1, 2024) of readily developable land which exceeds the 3 year minimum provincial requirement. Source: Niagara Falls Building Department, Building Permits, 2024 Page 12 of 18 Page 503 of 735 Page 6 of 11 Non-Residential Development: Industrial, Commercial, and Institutional Q2 ICI Building Permits: New Construction and Renovations/Alterations • New Construction - $90.41 million • Renovations and Alterations - $6.13 million • Total (new and existing) - $96.55 million ➢ Over $89 million of the new ICI construction was made up by the foundation permit for sections of the new hospital. ➢ $240,000 in new construction permits were issued for Commercial construction. ➢ Permits for the new hospital are anticipated to make up a large portion of new ICI construction throughout 2024. $ Value of ICI New Building Permits, Q2 2024 $ Value of ICI Renovations and Alterations Building Permits, Q2 2024 Quarter 1 $22,050,000 April $249,000 May $90,074,375 June $90,850 Quarter 2 Total $90,414,225 Quarter 1 $4,342,804 April $273,000 May $4,222,000 June $1,637,100 Quarter 2 Total $6,132,100 Source: Niagara Falls Building Department, Building Permits, 2024 Source: Niagara Falls Building Department, Building Permits, 2024 Page 13 of 18 Page 504 of 735 Page 7 of 11 $ Value of ICI New Building Permits, Q2 over 5yrs $ Value of ICI Renovations and Alterations Building Permits, Q2 overs 5yrs 2020 Quarter 2 $2,078,900 2021 Quarter 2 $1,092,800 2022 Quarter 2 $1,088,075 2023 Quarter 2 $7,300,000 2024 Quarter 2 $90,414,225 2020 Quarter 2 $3,630,500 2021 Quarter 2 $21,141,500 2022 Quarter 2 $5,168,412 2023 Quarter 2 $3,012,000 2024 Quarter 2 $6,132,100 Page 14 of 18 Page 505 of 735 Page 8 of 11 Planning Applications, Q2 2024 During the second quarter of 2024, Planning and Development staff received the following numbers and types of applications: Application Type Q1 Q2 YTD Total Zoning By-Law Amendment Applications 8 9 17 Official Plan Amendment Applications 3 5 8 Minor Variance Applications 8 23 31 Consent Applications 2 10 12 Site Plan Applications 1 7 8 Plans of Subdivision - 1 1 Plans of Condominium 1 - 1 Pre-Consultation meetings 16 29 45 Total 39 84 123 For a total of 55 planning applications and 29 pre-consultations in the second quarter of 2024. 12% increase in 100% of applications planning applications were processed within from Q2 2023 the Provincially + . mandated timeframe. Source: Niagara Falls Planning Department , 2024 Page 15 of 18 Page 506 of 735 Page 9 of 11 Planning and Development staff received the following numbers and types of applications, over a 5-year period (2020-2024): Application Type 2020 Year End 2021 Year End 2022 Year End 2023 Year End 2024 YTD Zoning By-Law Amendment Applications 15 17 79 35 17 Official Plan Amendment Applications 25 42 35 12 8 Minor Variance Applications 47 66 47 50 31 Consent Applications 39 34 30 19 12 Site Plan Applications 16 46 16 17 8 Plans of Subdivision 7 8 *No data available* 0 1 Plans of Condominium *No data available* *No data available* 5 5 1 Pre-Consultation meetings 66 109 256 117 45 Total 215 322 468 255 123 Page 16 of 18 Page 507 of 735 Page 10 of 11 Building and By-Law Service Statistics, Q2 2024 During the second quarter of 2024, Building and By-law Enforcement staff responded to the following numbers of complaints, letters, and inquiries: Type Q1 Q2 YTD Total By-Law Complaints 259 and 107 orders issued 123 and 139 orders issued 382 and 246 orders issued Property Standards and other miscellaneous Complaints 100 102 202 Building Code Orders 33 35 68 Rodent Rebates paid out 2 23 25 Calls/Counter inquires through the clerks office 610 540 1150 Compliance letters issued 36 34 70 Tree Issues Complaints - 21 21 Total 1,040 complaints, rebates, inquiries, and letters and 140 orders issued 843 complaints, rebates, inquiries, and letters and 74 orders issued 1,883 complaints, rebates, inquiries, and letters and 214 orders issued • Compared to Q1 of 2024, which saw a total of 1,040 complaints, letters, and inquiries, and 140 orders issued, Q2 2024 has seen a 22% decrease with 843 complaints, letters, and inquiries, and 74 orders issued. Source: Niagara Falls Municipal Enforcement, 2024 Page 17 of 18 Page 508 of 735 Page 11 of 11 During the second quarter of 2024, Building and By-law Enforcement staff responded to the following numbers of complaints, letters, and inquiries: Type 2020 Q2 2021 Year End 2022 Year End 2023 Year End 2023 Q2 2024 Q2 By-Law Complaints *No data available * 2,053 and 830 orders 1,696 1,841 799 123 and 139 orders issued Property Standards and other miscellaneou s Complaints *No data available * 372 and 96 orders issued 409 364 and 629 orders issued 95 and 17 orders issued 102 Building Code Orders *No data available * 103 *No data available * 104 3 35 Rodent Rebates paid out *No data available * 71 114 78 16 23 Calls/Counter inquires through the clerks office *No data available * 9,548 9,144 3,912 1,307 540 Compliance letters issued *No data available * 173 165 106 29 34 Tree Issues Complaints *No data available * *No data available * *No data available * *No data available * - 21 Total - 12,217 complaint s, rebates, inquiries and letters, and 1,029 orders issued. 11,528 complaint s, rebates, inquiries and letters, 6,301 complaint s, rebates, inquiries and letters, and 733 orders issued. 2,246 complaints, rebates, inquiries and letters, and 20 orders issued. 843 complaints, rebates, inquiries, and letters and 74 orders issued Page 18 of 18 Page 509 of 735 CAO-2024-05 Report Report to: Mayor and Council Date: August 13, 2024 Title: Fire Services Labour Update Recommendation(s) That Council RECEIVE this report for information. Executive Summary This report is the public report. A separate in-camera update has been provided to Council to discuss the collective agreement negotiations directly. The purpose of this report is to provide increased transparency to Council and the public related to the fire departmental cost and more specifically the labour contract with the Niagara Falls Professional Fire Fighters Association (NFPFFA). Management has been in collective bargaining with the NFPFFA for their contract renewal but, at this time, it is likely that the contract will be resolved through interest arbitration. There is a balance that must be struck between maintaining good employee relations and the need for the public to understand issues especially ones that are financially significant. Based on these and other factors the CAO believed that the benefits that may come from open discussion on this issue will, in the long run, be greater than the potential short-term negative implications. The Fire Department is the department with the single largest financial impact to the City, requiring more than 1 in 4 tax levy dollars to fund its operations. Due to the significance of the cost and the limited amount of discussion opportunities for Council to consider fire service provision during Council meetings, Council had previously instructed that more discussion on fire costs be brought to Council. The CAO has prepared this report to provide Council and the public with background information. The trend in compensation for members of fire departments has been cause for reflection in municipal governments all over Ontario. It is appropriate and responsible to engage in public discussion about fire department costs, how we arrived at this point and where costs are going. Of the top fifty (50) paid employees at the City of Niagara Falls, forty (40) are from the Fire Department. Of the top one hundred (100), eighty-three (83) are from the Fire Department. With the challenge of attraction and retention of key professional Page 1 of 13 Page 510 of 735 employees in a variety of other departments, specifically in Planning, Building, Finance, Information Technology, Engineering and Legal to name a few, the City needs to assess the disparity between Fire Department compensation versus other departments of the City. Many of the cost drivers of Fire Department compensation are not well known or apparent. For example, there are millions of dollars for the City of Niagara Falls in accrued benefits due to the structure of collective agreement. It is estimated that our sick time accrual for Fire Services is approximately $4.1 million and our estimated WSIB liability exceeds $11 million. To fully fund these liabilities, the budget for the Fire Department would have to increase significantly. The intent of this report is not to diminish the work or the compensation of our Fire Department team members. They perform an important and difficult job. Firefighters deserve to be paid a good salary and the NFPFFA is required to represent the interest of its members to the fullest, which is what they are doing. Rather, the intent of this report is to undergo thorough reflection and assessment, based on all of the demands the City has, including taxpayer affordability, whether Fire Department compensation in line with taxpayer expectations. Subsequently, if compensation for Fire Department members is in line with taxpayer expectations what does that mean for all of the other municipal occupations? It would appear on the surface that the compensation and benefits are divergent between Fire Department members and non-Fire Department municipal employees (both union and non-union). The continued divergence between Fire Department compensation and other municipal compensation is not sustainable, in that either non-Fire Department compensation will need to be dramatically increased to keep up with market demand for professional positions and to retain employees, or material changes will have to be considered for Fire Department compensation. Background Fire department costs continue to increase at a significant rate. The current agreement with the NFPFFA expired on December 31, 2023. This collective agreement does not include volunteer firefighters. The majority of fire levy costs are related to wages and benefits (78.2%) followed by overtime (4.5%) and WSIB (3.7%). The City of Niagara Falls is not alone in managing fire cost pressures as many communities are struggling with the costs associated with fire services. Fire Department costs are substantially a fixed cost structure. At the end of the day, we require so many fire fighters per shift whether there are thirty calls or no calls on that shift. The most vivid example of this fixed cost structure for the public is when during COVID the total calls for the department were reduced to 2,989 from 5,198 calls in 2019 or 42.5% and our costs did not decrease. The economic and business structure in fire services across the Province is unique and one that is not duplicated in other government departments or private sector companies. Page 2 of 13 Page 511 of 735 Municipalities are generally ineffective in controlling labour costs, due in large part to regulated matters, Provincial patterned bargaining and in our opinion, the movement away from the principles laid out for arbitration in the Fire Protection and Prevention Act, 1997 (the “Act” or the “FPPA”). The increasing cost for fire services places burden on all of the other departments to find a disproportionate percentage of cost savings. As noted in previous budget reports there is limited ability to cut fire costs thus when Council or management look for cost savings other departments are impacted disproportionately. For example, the Fire budget is $29.7 million and the total levy budget is $89.5 million. Currently, Council has asked for staff to identify savings. If the final target for savings as an example was a 2% reduction in spending, which means a savings of $1.8 million. However, if Fire does not contribute to any savings, instead of each department having to cut 2%, each department would be required to cut 2.99% to make up for the difference. Though an additional 1% may not appear to be much, it is a 50% additional burden on the 2% ask, and all departments have a high percentage of labour costs to deal with as well. Therefore, there are very few choices to decrease costs in a meaningful way without considering reducing the number of employees, which translates into service level cuts for other departments. Additionally, over time, as these additional impacts are not shared proportionally, the fiscal impact on other departments compounds. Wages and Arbitration Wages for Firefighters tend to be very similar across the Province. A firefighter’s wage in Toronto and Guelph do not differ significantly. This is due to patterned bargaining which is a technique in which a trade union gains a new and superior entitlement from one employer and then uses that agreement as a precedent to demand the same entitlement or a superior one from other employers. This is an acceptable and well thought out strategy by trade unions. There is also the economic argument that is presented of why a person doing a similar job should not obtain the same compensation elsewhere. Though this is a strong argument, there are other economic arguments that would counter this. Additionally, there is a difference between, for example, the use of pattern bargaining in the auto industry where depending on business performance employees may face layoff or may have to undertake concessions at various times (which has occurred in the auto industry) and the situation in which the service is an essential service with no real expectation of layoff or concession. The concept of patterned bargaining when combined with legislated arbitration has created a unique situation. In this situation, management do not believe that they have the ability to freely negotiate, as the rulings of the arbitrators have traditionally aligned with gains obtained through patterned bargaining. In other words, management will lose or will substantially lose arguments in arbitration if another jurisdiction has provided a particular benefit. Page 3 of 13 Page 512 of 735 The Fire Protection and Prevention Act outlines the duty of the Arbitrator and the criteria that they must apply when deciding an appropriate collective agreement. This is outlined in section 50.5(2) of the FPPA which states: In making a decision, the arbitrator shall take into consideration all factors the arbitrator considers relevant, including the following criteria: 1. A comparison, as between the employees and other employees in the public and private sectors, of the terms and conditions of employment. 2. A comparison of collective bargaining settlements reached in the same municipality and in comparable municipalities including those reached by employees in bargaining units to which the Labour Relations Act, 1995 applies, having regard to the relative economic health of the municipalities. 3. The economic health of Ontario and the municipality including, but not limited to, changes to labour market characteristics, property tax characteristics and socio- economic characteristics. 4. The employer’s ability to attract and retain qualified firefighters. 5. The interest and welfare of the community served by the fire department. 6. Any local factors affecting the community. 2018, c 17 Sched 18, s 5(1) Based on these criteria, it would be expected that the compensation for firefighters would be based on a number of decision factors, not just Fire settlements, but also other compensation settlements and normal economic factors. However, the reality is that decisions appear to be significantly based on comparable contracts provided to other Fire Departments. The rulings of arbitrators do not normally articulate or demonstrate compliance to the decision criteria in the FPPA. Thus, a false economy has been created, as fire compensation does not factor in salaries in other positions, normalized attraction and retention of employees, or geographic and cost differences between different communities. If the approach that has been taken in fire compensation was applied to all other jobs at the City of Niagara Falls, we would see significant salary increases across the board, as salaries for all positions would become comparable to those in the GTA. Salaries would also be sufficiently high to reduce turnover to near zero levels. Analysis The following is provided so that there is an understanding of key structural background information regarding compensation and structure issues for Fire Services and how many of these issues directly impact issues that should be considered under the FPPA. Page 4 of 13 Page 513 of 735 Management Structure Normal management structures do not apply in the fire sector, section 54(8) of the FPPA restricts the number of people that can be designated as management. Currently we have 3 designated management employees (The Chief and the two Deputy Chiefs). This results in a rare situation where you effectively have union members managing and directing other union members and the union negotiating the salary ranges for their direct managers. Differentials and End Rates Differentials are a concept where the rate of pay of certain positions (for example, Captains) are determined by a percentage above a designated position (first class firefighter). As such for more senior positions, the compensation is effectively the same regardless of performance level. The concept of an “End Rate” is the rate of pay that an identified position would make at the end of the contract. The negotiation of end rates are a key focus area for the unions and trying to place the end rates similarly across the Province regardless of the local economic realities (cost of living, attraction and retention issues, etc.). The use of differentials and end rates have a unique impact on salaries, namely:  The better the salary for a firstclass firefighter, the better the salary for senior management as there are fixed level differences.  The magnitude of the differentials is larger than in other job sectors.  On the job performance is not factored in.  Level of experience is not factored in, ie. the first year Captain and a 10 year Captain are the same. Most other jobs have job ranges and an employee moves through the range based on experience and performance. Salary Levels of Fire vs. Non-Fire Positions The following is based on the information provided in the 2023 salary disclosure. Overall, for the City of Niagara Falls, 192 employees were on the disclosure list for income over $100,000. Of the 192 employees 125 were from the Fire Department. There are 159 Fire positions (153 Fire Union, 1 CUPE, 5 Non Union) as such 78.6% of the department made more than $100,000. In comparison to the rest of the City, for all other departments only 67 employees earned more than $100,000. So almost two thirds of the employees making more than $100,000 came from the fire department, even though the fire department makes up less than one third of the employee base. Of the top fifty (50) paid employees in the City of Niagara Falls, forty (40) are from the Fire Department of the top one hundred (100) paid employees eighty-three (83) are from Fire. Page 5 of 13 Page 514 of 735 When you factor in the diversity of high skill positions, the number of positions with wide managerial scope that are required to run a City, like Engineers, Planners, Building Inspectors, Information Technology, Finance, Legal, and Human Resource professionals to name a few, it is difficult to justify how the makeup of the top earners is so heavily weighted to Fire, except to note that different regulatory and economic factors apply to Fire than all of the other occupations at the municipality. Fire contracts continually exceed CUPE contracts. The sunshine list is heavily dominated by members of the fire service to the under representation of other highly skilled and sought after positions in the corporation. This seems to not be aligned with the criteria: 1. A comparison, as between the employees and other employees in the public and private sectors, of the terms and conditions of employment. 2. A comparison of collective bargaining settlements reached in the same municipality and in comparable municipalities including those reached by employees in bargaining units to which the Labour Relations Act, 1995 applies, having regard to the relative economic health of the municipalities. Again, on the surface there seems to be an issue that either fire compensation is appropriate and there are significant deficiencies with other professional compensation or fire compensation has not been aligned with the concepts of the FPPA. Attraction and Retention Rates Fire vs. the City and other employers Fire positions are sought after positions – this can be identified in a number of ways: 1. Attraction - When a position is advertised, the number of qualified candidates that apply are significant. Positions never go unfilled and there is never a requirement to re-issue the job posting. 2. Retention – There is a very low or nominal departure rate from the department. In the last five years no Niagara Falls firefighter has left their employment to seek another position. This is the opposite for most other departments in the City. The situation is especially acute for positions where the compensation is near or in excess of $100,000. The City has difficulty competing with the private sector and larger municipalities, as Niagara Falls cannot match competing salary levels or often other work conditions. There are acute needs for staff in areas such as Planning, Building, Engineering, Finance, Information Technology and Legal. The private sector also has competitive pressures to attract and retain talent. Effectively, to have a situation in any profession or job where there are not challenges attracting talent and in which talent seldom leaves the employer or the profession is an anomaly. Page 6 of 13 Page 515 of 735 When comparing the fire employment retention conditions in Ontario to those in the United States there are significant differences (https://apps.usfa.fema.gov/pdf/efop/efo248586.pdf ; https://www.firefighternation.com/leadership/for- the-love-of-the-job-firefighter-retention/#gref ) Though management would not want to see a situation where turnover is a significant issue for any department, it has become a challenge in almost all other departments in the City. Again it is difficult to understand how the criteria of “The employer’s ability to attract and retain qualified firefighters” is being factored in. Involuntary Turnover – Performance based turnover In recent years there has never been a situation where a firefighter has been let go for poor performance. This, again, is a statistical anomaly. Generally high paid, highly sought after positions where optimal performance is a key element of the position should have some level of turnover for performance. Turnover is considered a healthy aspect of a work environment. A Mercer study in 2023 noted that involuntary turnover was 4.1% in Canada. (reference https://www.imercer.com/articleinsights/workforce-turnover-trends-canada) The City of Niagara Falls is not an anomaly with effectively zero non-voluntary turnover in the Fire Department, however it is yet another attribute to the abnormal job situation in Fire. Other departments within the City of Niagara Falls have involuntary turnover, which ensures that there is an appropriate level of performance. This item should be factored in when reviewing – “A comparison, as between the employees and other employees in the public and private sectors, of the terms and conditions of employment.” Who is Covered and implications on non-suppression wage compensation Currently the NFPFFA contract covers all positions including fire suppression, fire prevention, communications and training staff. The majority of the salary costs ($19.9M of $23.2M or 85.8%) are related to fire suppression, as such the majority of the negotiating positions or rationale related to the level of compensation and benefits put forward by the union are suppression staff centric. In other words, the NFPFFA will make representations with regards to the requirement for certain pay levels and benefits due to the risks and work requirements of a suppression person, but then those wages and benefits impact the salaries of those not working in similar conditions. So the Captain of Communications receives the same level of pay as the Captain in Fire Suppression. Page 7 of 13 Page 516 of 735 When benefits and income gains provided to suppression staff are also provided to non- suppression staff, this creates some significant discrepancies in similar non-fire suppression jobs under the fire contract when compared to similar positions. Specific Examples: A fire prevention officer’s base 2023 salary was $115,914 (this would not include any recognition pay). This level of pay is higher than the Manager of Building Services (who manages Building Inspectors) with a salary of $106,000 and higher than a building inspector salary of $75,330. The Captain of Communications base 2023 salary was $125,664. This is higher than the Senior Manager of Water and Wastewater $122,650. This issue of internal comparability of positions in the City is directly related to the first criteria – “A comparison, as between the employees and other employees in the public and private sectors, of the terms and conditions of employment.” 24 Hour Shift Fire Suppression staff work a 24 hour shift. This equates to seven (7) shifts every 4 weeks. Suppression fire fighters average 42 hours per week or 91 working days (24- hour shifts) per year, resulting in a total annual work commitment of 2,184 hours. Like most employees, fire fighters receive statutory holidays, vacation time and sick time which decreases the number of working days. A new suppression fire fighter receives 13 scheduled lieu days (12 hours per day or 6.5 24-hour shifts) they may book off, as well as two (2) weeks’ vacation (2 shifts/week) and 18 sick days (12 hours each or 9 24-hour shifts). Factoring in statutory holidays and vacation time, the total normalized days at work are decreased from 91 days per year to 80.5 days per year or 6.2 shifts every 4 weeks. The 24-hour shift was part of a previous contract settlement and this shift approach is still being assessed by both sides under the terms of the arbitration settlement. Management has concerns regarding this shift for the following reasons: 1. Safety – There are numerous studies outlining the difficulty with shift work and unbalanced schedules. The 24-hour shift is especially concerning due to the potential for fatigue and its impact on physical and mental performance. Management is very concerned especially as busy teams may not be able to get adequate rest time during or between calls. The fatigue is not just a concern during an emergency situation but also when staff are performing training and the ability to perform and absorb the training effectively throughout a 24-hour shift. Page 8 of 13 Page 517 of 735 2. Cost – Management has seen a significant increase in overtime and WSIB claims since the implementation of the 24-hour shift. Additionally, it is expected that firefighters sleep during the 24-hour shift and as such there is a payment for non-productive time, where under other shift structures (8, 10 or 12 hour) sleep time is not expected and as a result there is more limited non-productive time. As such, value-reduction to the taxpayer for this shift structure should be a consideration. 3. Difficulty undertaking department wide changes – Due to the limited number of days individuals are available to work, rolling out training or other departmental initiatives becomes more difficult to schedule which can result in delays happening in rolling out initiatives. There are a multitude of studies on the 24-hour shift. A good and balanced review of the research literature on the 24-hour shift schedule was undertaken by the University of the Fraser Valley. (source: https://www.ufv.ca/media/assets/ccjr/publications/24+Hour+Shifts.pdf ). Overall, management has significant concerns about safety and cost of this shift structure and whether there is any benefit to the taxpayer and employer. This shift structure should also factor into the overall terms and conditions of the job. More limited number of duty days than almost all other occupations does provide additional lifestyle benefits for those granted this shift structure. The benefits of this shift schedule should also be considered when factoring in – “A comparison, as between the employees and other employees in the public and private sectors, of the terms and conditions of employment.” Sick Time Currently firefighters have eighteen (18) sick days, translated to a 24-hour shift platform that would mean that firefighters are entitled to miss nine (9) work days due to illness. This is a significant percentage (9.9%) of total work days. As noted previously a new firefighter receives two (2) weeks off and 13 scheduled lieu days for statutory holidays and as such would work approximately 80.5 days (24-hour shifts) per year, nine (9) sick days would mean provision for 11.2% of their remaining work days after vacation and holidays are considered. If a firefighter takes all of their sick time they would reduce their work days to 71.5 days or approximately 5.5 days every 4 weeks. Firefighters are also entitled to accumulate sick days (one sick day = 12 hours) and upon retirement be paid out these sick days (to a maximum of 130 days) at their existing rate. This would mean for example, that a Captain who retires may have sick Page 9 of 13 Page 518 of 735 days accumulated from when they were a lower ranked firefighter but the payout would be made at the Captain rate. The accumulation of sick days has created a significant liability for the City of Niagara Falls. The liability is estimated to be approximately $4.1M at December 31, 2023 of which the City currently has only $1.5M set aside in a reserve fund which means $2.6M is still needing to be funded from tax levy dollars. The fact that firefighters are retiring and receiving significant payouts demonstrates that the level of sick days is in excess of the need for the purpose sick days are provided for. This has effectively become another compensation measure. In comparison CUPE workers are provided with a far more limited number of sick days when compared to their scheduled work days. There is no ability to accumulate unused sick days. Again this has become a significant compensation factor and should be factored into – “A comparison, as between the employees and other employees in the public and private sectors, of the terms and conditions of employment.” WSIB Costs As noted above WSIB costs are increasing. Under Provincial legislation when a firefighter makes a claim for Post Traumatic Stress Disorder (PTSD), there is an automatic presumption that this is related to their job. This is also the case with a significant number of cancers. The City of Niagara Falls currently has a number of PTSD claims from firefighters. As a Schedule 2 employer the City pays the WSIB cost directly and then pays to replace the worker or pays for overtime coverage to replace the worker. This has been a significant cost to the City and is a significant liability for the City. The City is proud to have a supportive workplace environment and assisting staff when they need to be supported. In some cases management would like to be able to return these workers to another role within the broader corporation (at the same level of pay as their fire position), however there is extreme difficulty returning firefighters to other positions in the City. This is an issue with WSIB that we need to continue to work with the Province and the Association on. We believe that a return to work outside of the Fire Department in appropriate circumstances, with no economic loss to the employee is a balanced approach for both the firefighter and the taxpayer. A broader modified return to work policy would be consistent with other public sector services and private sector corporations. Moon-lighting issue This is a controversial matter and it relates to Firefighters seeking additional employment outside of their City employment. This issue is especially acute with regards to those working the 24-hour shift schedule as they have a more limited number of committed work days. When combined, the potential safety issues of the 24-hour shift Page 10 of 13 Page 519 of 735 and the special benefits provided to firefighters under WSIB as well as WSIB and overtime costs, management believes that there should be some limitations (for example establishing approvals) on the ability of firefighters to work outside of the service in exchange for these unique benefits. In other words, since firefighters are provided with a schedule that has unique attributes (limited days on duty) and this shift approach was not provided to allow for more outside employment opportunities for the staff, then this should be factored into the overall consideration of compensation. When combined with the presumptive obligations for PTSD, there should be a mutual obligation on the recipient to ensure there are no other stressors or other factors (such as working another job) that could contribute to such claims. The benefit provided should be rest and recovery and not for an expansion of other income opportunities. Unlike volunteer firefighters, fulltime firefighters are compensated in a manner that places them well in respect to average income levels in the country and as such are not in need of earning additional income. By limiting employment outside of the City Fire Department job, management believes that employees working 24-hour shifts will be better positioned to be at optimal fitness for duty (both mentally and physically) and are better to support the department when overtime is required. As an employer we have provided the fire fighters with a job schedule, level of pay and benefits that is significant and as such there should be some reasonable expectations that the employee adapt in recognition of these benefits, benefits frankly no other employee receives. Alternatively, if there are no restrictions as per the first criteria that is outlined in the FPPA (“A comparison, as between the employees and other employees in the public and private sectors, of the terms and conditions of employment”) these favourable work conditions compared to other professions should be factored in when considering compensation. Retention Pay or Recognition Pay (“aka 3,6,9”) The fire contract contains employment wage accelerators where the wages of firefighters are increased by 3%, 6% and 9%. The original rationale for this related to retention issues some fire departments faced, however it has now been embedded in all fire contracts across the Province as recognition pay. As noted previously, the City of Niagara Falls does not have a retention issue. Currently at 8 years of service the firefighter receives an additional 3% increase in their base salary, increasing to 6% in year 17 and 9% in year 23. Page 11 of 13 Page 520 of 735 The concept of an additional increase in wages for retention or “experience” does not exist in other salary structures for other City workers. Though pay for increased experience does exist in some other occupations or workplace environments it is usually coupled with more normalized performance evaluation conditions. Retirement Date Currently the retirement age for Firefighters is 60 years old under the OMERS plan, which is earlier than the normal retirement age of 65 for other municipal workers. This feature comes at a significant cost to the employer. Physical Requirements Firefighters are required to meet minimum physical standards when they are hired. However, there are no minimum requirements after the hiring date. The stresses of the job and the requirement for physical performance as part of the job are often cited as a rationale for pay factors, however there are no tools the employer can use to mandate minimum levels. Overall The CAO has brought this report to Council to provide information to Council and insight into fire compensation and what this might mean for the organization as a whole. With Council and the public more informed, there is an opportunity to provide greater guidance and accountability to staff as we look to conclude our contract negotiations with our fire service team members. Operational Implications and Risk Analysis For the purpose of this report there are none. Financial Implications/Budget Impact Fire and specifically fire labour costs are a significant cost to the taxpayer. Continued growth in these costs that outpace taxpayer income levels and other labour costs create and unsustainable situation. Strategic Plan Pillars Sustainability - Financial Effectively managing the City’s financial resources to meet our current and future obligations without relying on external funding sources or sacrificing our ability to deliver essential services to our residents . Written by: Jason Burgess, CAO Submitted by: Status: Jason Burgess, CAO Approved - 09 Aug Page 12 of 13 Page 521 of 735 2024 Page 13 of 13 Page 522 of 735 MW-2024-31 Report Report to: Mayor and Council Date: August 13, 2024 Title: Thorold Stone Road QEW Watermain Crossing Assessment - Request for 2024 Capital Budget Amendment Recommendation(s) THAT Council APPROVE a 2024 Capital Budget Amendment to the Thorold Stone Road QEW Watermain Assessment - Project #W71-24 from $20,000 (inclusive of non- recoverable HST) to $31,640.00 (inclusive of HST). Executive Summary Executive Summary: The purpose of this report is to request authorization from Council to proceed with the investigation of the Thorold Stone Road watermain crossing at the QEW corridor at a cost of $31,640.00 (inclusive of HST). The report further requests Council to approve a 2024 Capital Budget Amendment to approve additional funding for the works in advance of the 2025 Capital Budget Process to allow the works to be completed before the winter season. Currently a budget of $20,000.00 (inclusive of non-recoverable HST) was approved for the 2024 Capital Budget request, but due the required field investigation work and coordination with the Ministry of Transportation fees to complete this investigation will be $31,640.00 (inclusive of HST) as quoted by R.V. Anderson Limited. Background The City of Niagara Falls Operations Department has isolated a section of 300mm diameter watermain that crosses under the Queen Elizabeth Way (QEW) at Thorold Stone Road. This was necessitated as a result of several breaks over the past few years. One break was reported in May 2022 on Thorold Stone Road, west of Rolling Acres Drive and one in late 2022 beneath the northbound offramp from the QEW to Thorold Stone Road. These breaks resulted in the City isolating the watermain from the southbound onramp to the QEW from Thorold Stone Road to the intersection of Thorold Stone Road and Rolling Acres Drive. This isolated section appears to be entirely located within the Ministry of Transportation of Ontario (MTO) owned right-of-way. The City engaged GM Blue Plan to complete a hydraulic analysis of this watermain section to determine the impact if it were to be abandoned, under future and existing Page 1 of 3 Page 523 of 735 system conditions. This analysis found that under current and future conditions, the abandonment of the Thorold Stone Road WM is not expected to significantly impact the pressure and fire flows in the Niagara Falls system or along Thorold Stone Road. However, the City’s operations group has reported experiencing water quality issues and have continued to complete additional flushing in the area since this section was isolated. There is also the concern of lack of redundancy if this crossing were to be abandoned, if an additional watermain crossing was to fail, supply to the west side of the City could be further impacted by water quality issues and low flow. Therefore, Engineering would like to proceed with an investigation to determine what repairs are required to place the watermain back in service. Analysis Staff recommends the budget 2024 Capital budget be increased to $31,640.00 (inclusive of HST) to allow the retention of R.V. Anderson Associates Limited to complete the investigation. This work is needed to determine the location of the watermain break and provide a recommendation for repairs needed to bring the watermain back into service. If the budget request is approved the investigation will commence in September 2024 and be complete prior to the end of this year. Operational Implications and Risk Analysis Since the watermain break occurred additional maintenance flushing has taken place by Operations staff to maintain a regular level of service. Currently the closure of the watermain crossing at Thorold Stone Road has not impacted pressure of fire flows to the area due to build in redundancy in the system. But the failure of an additional QEW watermain crossing may further impact our level of service to this area. Financial Implications/Budget Impact Staff recommends an increase to the 2024 Capital Budget project W71-24 to $31,640.00 (inclusive of HST) funded by the Watermain Reserves. This is a $11,640.00 (inclusive if HST) to the $20,000.00 currently approved. Strategic/Departmental Alignment Implementation of this project aligns with Councils Strategic Priorities by ensuring critical infrastructure assets' longterm sustainability and functionality through targeted repair and maintenance programs. Strategic Plan Pillars Customer Service Delivering a welcoming and consistent customer service experience centred around the people we serve. Written by: Kurtis Bottrell, Project Manager Page 2 of 3 Page 524 of 735 Submitted by: Status: Erik Nickel, General Manager of Municipal Works Approved - 02 Aug 2024 Jason Burgess, CAO Approved - 05 Aug 2024 Page 3 of 3 Page 525 of 735 MW-2024-32 Report Report to: Mayor and Council Date: August 13, 2024 Title: Budget Amendment - Municipal Service Centre Employee Parking Lot Recommendation(s) That Council APPROVE a 2024 Capital Budget Amendment to increase project BP56- 24 - Service Center Employee Parking Lot Paving by $25,000 (inclusive of non- recoverable HST) to be funded by the capital special purpose reserve, for a total project budget of $45,000. Executive Summary The report requests an additional allocation of $25,000 from the Capital Special Reserve to complete paving of the front administrative employee lot at the municipal service centre in 2024. This measure is necessary to address safety concerns related to the lot’s condition particularly in winter months. Background In 2023, Staff health and safety concerns about the condition of the employee parking lot at the municipal service centre. The lot, originally constructed by city resources in 2014 using recycled pavement millings, was further extended in 2024 to include four additional parking spaces to accommodate increased administrative and modified worker spaces. However, the lot’s current condition prevents effective winter maintenance, leading to unsafe surfaces. When preparing the initial budget estimates, Staff used industry-standard methodologies and historical data to project costs. However, Staff have since encountered unforeseen expenses related to drainage/grading, increased material/labour costs, increase asphalt cement costs, and unexpected site conditions. These factors were not accounted for in our original estimate, leading to a discrepancy of $25,000. Analysis Allocating the requested $25,000 from the capital special reserve for the completion of the paving project in 2024 is a prudent investment to mitigate safety risks, enhance operational efficiency, and support a safe and productive workplace for municipal employees. Page 1 of 3 Page 526 of 735 The construction is to be carried out utilizing unit prices for our existing Asphalt Patching contractor Circle P Paving, who are familiar with the project and have a track record of delivering quality work with minimal delays and/or additional costs. Operational Implications and Risk Analysis Safety Risk: The inability to scrape down to bare pavement during winter poses significant safety risks, including slips and falls for employees. This can lead to potential injuries and increased liability for the municipality. Operational Efficiency: Unpaved and poorly maintained surfaces complicate snow removal efforts and increase the time and resources required to ensure the lot is safe and accessible. Long-term Maintenance Costs: Continued use of an unpaved lot may lead to higher long-term maintenance costs due to the need for frequent repairs and potential damage to vehicles. Employee Engagement and Productivity: Providing a safe and well-maintained parking area is essential for employee engagement/morale and productivity. Addressing the current safety concerns will contribute to a more positive work environment. Financial Implications/Budget Impact Staff is recommending a 2024 Capital Budget Amendment to increase project BP56-24 - Service Center Employee Parking Lot Paving by an additional $25,000 funded by the capital special purpose reserve, for a total project budget of $45,000. Strategic/Departmental Alignment This aligns with the City’s Strategic Priority of “Responsible and Transparent Financial Management.” Strategic Plan Pillars Sustainability - Financial Effectively managing the City’s financial resources to meet our current and future obligations without relying on external funding sources or sacrificing our ability to deliver essential services to our residents . Written by: Marianne Tikky, Manager of Municipal Roadways Submitted by: Status: Erik Nickel, General Manager of Municipal Works Approved - 02 Aug 2024 Jason Burgess, CAO Approved Page 2 of 3 Page 527 of 735 - 05 Aug 2024 Page 3 of 3 Page 528 of 735 MW-2024-34 Report Report to: Mayor and Council Date: August 13, 2024 Title: WEGO Blue Line Stop Maintenance Responsibilities Recommendation(s) 1. That Council APPROVE of the maintenance responsibilities pertaining to bus stop locations report for WEGO Blue Line service on City and Regional roads as outlined in Report MW-2024-34. 2. That General Manager of Municipal Works/City Engineer be AUTHORIZED to execute any agreements necessary to reflect the changing maintenance responsibilities, provided the agreements are acceptable to the satisfaction of the Director of Legal Services/City Solicitor. Executive Summary The City has been requested to assist Niagara Parks with maintenance of the transit stops on the WEGO Blue Line that they are operating as of September 3, 2024. Staff recommend cooperating with Niagara Parks in order to help continue to deliver this important service in the commercial tourist core districts. Background On July 16, 2024 Council received for information correspondence from Niagara Parks to advise that the Commission will be funding and operating the WEGO Blue Line service on a trial basis between September 3, 2024 and September 2, 2026. A copy of this correspondence is included as an attachment to this report. The WEGO Blue Line provides service within the commercial tourist districts above the Niagara Parks property on City and Regional roads and makes key connections to Niagara Parks attractions. Stop locations are identified by a WEGO branded aluminum pole-mounted banner. Some of the more popular stops currently include amenities such as shelters, benches and waste receptacles; however, most stop locations are simple sidewalk platforms. Prior to amalgamation of Niagara Region Transit (NRT), Municipal Works Staff performed all transit stop maintenance on City and Regional roads. After amalgamation, stop maintenance was discontinued and was taken over by NRT contracts. Analysis Page 1 of 27 Page 529 of 735 Niagara Parks have requested that the City take on responsibility for maintenance of the Blue Line stop locations on City and Regional Roads upon initiation of the trial period starting on September 3, 2024. A full list of Blue Line Service stop adjustments is included as an attachment to this report. The tentative proposed stop locations are identified as follows: Stop Location (Maintenance Provider) Rapidsview Parking (NPC) Ferry Street @ Fallsview Blvd (City) Floral Showhouse (NPC) Stanley Ave @ Ramada - Transfer (City) * Table Rock (NPC) Fallsview Blvd @ Robinson St (City) * Queen Victoria Park (NPC) Fallsview Blvd @ Fallsview Casino (City) Niagara City Cruises (NPC) Fallsview Blvd @ Marriot (City) Niagara Parkway at Oakes Garden Theatre (Clifton Gate) (NPC) Stanley Ave @ Convention Centre (City) Casino Niagara (Casino) Marineland Pkwy @ Marineland (City) Victoria Ave @ Clifton Hill (City) - Marineland service stops in winter Victoria Avenue @ Howard Johnson (City) Maintenance activities are expected to include activities such as snow clearing, waste pickup, graffiti removal, and sign maintenance. All of the locations identified for City responsibilities fall within Municipal Works' existing Tourist Area Cleanup (TAC) Crew maintenance routes. This service continues seven (7) days per week from spring to fall. Therefore, during the peak tourist season the extension of maintenance to the transit stops will only require some minor additional effort to regularly maintain. During the winter months City forces maintain all sidewalks adjacent to the identified City maintained stop locations. Only two (2) locations will have dedicated bus platforms or shelters (denoted with an asterisk in the table above). These locations will be serviced by our Parks team who performed this service prior to assumption by NRT and who are dispatched presently during winter storms to clear school-crossing crosswalks and signalized intersection corners. Operational Implications and Risk Analysis The assumption of the nine (9) anticipated transit stop locations will require minor updates to the Municipal Works' operational plans. As the locations exist today on City property, the City is inherently liable for the risk and consequences associated with their presence. It stands to reason therefore that the City would take control of the ongoing maintenance for these locations. Financial Implications/Budget Impact Page 2 of 27 Page 530 of 735 It is anticipated that the additional level of labour, equipment and materials to maintain these locations will not exceed $10,000 annually. The costs are difficult to estimate due to the unforeseen expectations. Daily maintenance is not anticipated to greatly impact the cost of operations since our resources already attend to these locations today, albeit in a slightly different capacity. The greatest concern for annual operating costs relate moreso to damage repairs such as graffiti removal, sign vandalism, and shelter vandalism which is impossible to predict or estimate. Strategic Plan Pillars Customer Service Delivering a welcoming and consistent customer service experience centred around the people we serve. List of Attachments Letter - Correspondence - CNF - June 24-24 Blue Line Sept 2024 Written by: Erik Nickel, General Manager of Municipal Works Submitted by: Status: Erik Nickel, General Manager of Municipal Works Approved - 01 Aug 2024 Jason Burgess, CAO Approved - 05 Aug 2024 Page 3 of 27 Page 531 of 735 ,i NIAGARA DAVID ADAMES T 905.356.2241 X2238PARKS,dadames@niagaraparks.com \W' June 24,2024 VIA EMAIL Niagara Falls City Council 4310 Queen Street Niagara Falls,ON L2E 6X5 Dear Mayor Diodati and Niagara Falls City Councillors, As you know,the WEGO visitor transportation system,which originally went into service in August 2012 with the substantial support of both the Governments of Canada and Ontario with their respective $25 million investments,has provided a much—needed guest experience for thousands of visitors to Niagara Falls. This letter is to inform you of a recent decision made by the Niagara Parks Commission at its June 13,2024 meeting.Effective September 3,2024,and extending to September 2,2026,Niagara Parks will fund and operate the WEGO Blue Line Service on a trial basis.Taking on the Blue Line will be in addition to Niagara Parks’commitment to continue to operate the WEGO Green Line as well. The continued operation of both Blue and Green Lines of WEGO will ensure that an integrated visitor transportation system is here in Niagara Falls for visitors,offering substantial value and convenience to our collective guests,while protecting the original public investment made into the system. Details of Niagara Parks’operation of the WEGO Blue Line include: year—round.Detailsof routing and stops have been slightly modi?ed from the currentservice,with a goal of efficiency and delivering the best guest experience..The service schedule will be established by Niagara Parks and shared withguestsandstakeholdersinadvanceofSeptember3,2024.BOB GALE,Chair DAVID ADAMES,Chief Executive Officer7400PortageRoad,Niagara Falls,ON Canada L2E 6T2 905.356.2241 niagaraparkscom An Agency of the Government of OntarioPage 4 of 27Page 532 of 735 k NIAGARAgPARKS All" .Niagara Parks will continue to offer WEGO 24 and/or 48-hour tickets for sale to local stakeholders on a consignment basis (as is currently done)on a discounted basis often (10)percent from retail rates..Niagara Parks will work with the Niagara Regional Transit (NRT)to establish a mutually agreeable hub for guests to transfer from the NRT bus to a WEGO bus (keeping in mind the most suitable location from a guest experience perspective)..Niagara Parks will look at options for a “Workers Transportation pass”that could be used by locals to travel to and from work. From now until Labour Day,September 2,2024,there will be no change to the operation of the WEGO Bus Service throughout the destination.These changes will come into effect as of September 3,2024,with the goal of continuing to provide a positive and seamless public transportation experience for both guests and local residents within the core tourism areas of Niagara Falls. Thank you for your cooperation in this matter.Should you have any questions,please submit inquiries through our Guest Services Centre at info@niagaraparks.com. MW David Adames Chair Chief Executive Officer 2of2Page 5 of 27Page 533 of 735 NIAGARA PARKS 1 WEGO BLUE LINE-Change Effective September 3, 2024 Page 6 of 27Page 534 of 735 NIAGARA PARKS 2 WEGO Blue Line Schedule RV-9:00 Rapidsview FSH-9:02 Floral Showhouse TR-9:06 Table Rock QVP-9:08 Queen Victoria Park NCC-9:11 Niagara City Cruises –formerly named Hornblower CH-9:14 Clifton Hill –Formerly Clifton Gate CN-9:18 Casino Niagara CH-9:21 Clifton Hill –Victoria Ave HJ-9:23 Howard Johnson/Greg Frewin Theatre F/F-9:25 Ferry St/Fallsview Blvd 116-9:30 Ramada Hotel/ 116 Transfer SL-9:34 Skylon Tower H/4P-9:37 Four Points Sheraton/Fallsview Casino/Hilton R/M-9:40 Radisson/Marriott on the Falls/Tower Hotel/Marriott Fallsview CC-9:45 Convention Center ML-9:48 Marineland FSH-9:52 Floral Showhouse TR-9:55 Table Rock FSH-9:57 Floral Showhouse-South RV-10:00 RapidsviewPage 7 of 27Page 535 of 735 NIAGARA PARKS 3 REMOVE STOPS Across from Casino Niagara Stop and very tight and congested Nightmares Victoria Ave No longer in use and guests can use the new Skylon Stop Wyndham Garden Hotel Robinson St IMAX no longer in existence and this stop is close to Skylon stop IMAX Robinson St This stop is close to Four Points stop and redundant Starbucks Southside Fallsview Blvd This stop is close to Four Points stop and redundant Fallsview Casino Southside Fallsview Blvd Page 8 of 27Page 536 of 735 NIAGARA PARKS 4 REMOVE STOPS Using the North Side only and cross walk and traffic lights to cross the intersection Convention Centre South Side Using North Side only and cross walks at the 2 hotels Marriott South Side We are combining several stops in this small area due to congestion and stops very close to one another Embassy Suites/Tower hotel Stop no longer in use and very congested location and causes major delays Sheraton on Falls Ave The stop will be at the north side on the Parkway now, as Clifton hill causes major delays. Hornblower/Clifton Hill Page 9 of 27Page 537 of 735 5 Stop 1-Rapidsview NPC -Sign will remain -Add Blue line to the current sign Page 10 of 27Page 538 of 735 6 Stop 2-Floral Showhouse North Bound NPC -Sign will remain -Add Blue line to the current sign Page 11 of 27Page 539 of 735 7 Stop 3-Table Rock North Bound NPC -Sign remains, add Blue line -Add Blue Line North on the dome -On the Green Line Destinations sign NPC to change Hornblower Cruises to Niagara City Cruises Page 12 of 27Page 540 of 735 8 Stop 4 –Queen Victoria Park NPC -Sign remains -Add Blue line to the current sign Page 13 of 27Page 541 of 735 9 Stop 5 –Niagara City Cruises –Formerly named Hornblower NPC -Sign remains in current location -Add Blue line to the current sign -Change Hornblower to Niagara City Cruises Page 14 of 27Page 542 of 735 10 Stop 6 –Clifton Hill – Former Clifton Gate NPC -Sign remains -Add Blue line to the current sign -Change name to Clifton Hill and remove Clifton Gatehouse Page 15 of 27Page 543 of 735 NIAGARA PARKS 11 Tree Trimming Required –Hiram St to Ontario Ave The WEGO Blue line will leave the Niagara Parkway and will turn left onto Hiram St and will make their way to the top of Ontario Ave.The bus will then make a left turn to make their way into Casino Niagara.The tree branches on the right side on Ontario Ave near the overpass require some trimming.Page 16 of 27Page 544 of 735 12 Stop 7 –Casino Niagara -Sign remains -Shelter remains -Remove graffiti -No garbage's/recycling Page 17 of 27Page 545 of 735 13 Stop 8 –Clifton Hill- Victoria Ave ( In front of Souvenir Mart -Sign remains -Remove the Red line -No garbage's or recycling Page 18 of 27Page 546 of 735 14 -Sign remains -Remove the Red line -2 benches -1 garbage and 1 recycling bin Stop 9 –Howard Johnson Hotel/Greg Frewin Theatre Page 19 of 27Page 547 of 735 15 -Sign remains -Remove the Red line -One garbage (in picture) Stop 10 –Ferry St./Fallsview Blvd (by LCBO)Page 20 of 27Page 548 of 735 16 -Sign remains -Remove the Red line -Need to add a shelter/ and or benches -No garbage's or recycling Stop 11 –Ramada Hotel/116 Transfer Page 21 of 27Page 549 of 735 17 Stop 12 –Skylon Tower (relocate) -Move this existing stop to approximately 6170 Fallsview Blvd. -Use existing sign and existing Shelter -Graffiti to be removed from shelter -Only 1 garbage show in the picture -This assists with the Blue Line WEGO bus not having to use Murray Hill as an exit Page 22 of 27Page 550 of 735 18 Stop 12 –Skylon Tower (new location 6170 Fallsview Blvd ) -Use sign from former Skylon Tower Stop -Visitors can use Fallsview Blvd at Robinson St to cross over to the Skylon Tower Page 23 of 27Page 551 of 735 19 Stop 13 –Four Points Sheraton/Fallsview Casino/Hilton -Sign remains-add Fallsview Casino/Hilton -No changes -1 garbage can Page 24 of 27Page 552 of 735 20 Stop 14 –Radisson Hotel/Marriott on the Falls/Tower Hotel/Marriott Fallsview ( new location- approximately 6755 Fallsview Blvd) -Move existing sign/Shelter from the South side of Fallsview Blvd to the north side by Turtle jack's restaurant -This stop will service all the hotels in this area as it is a better location and removes some stops that are redundant Page 25 of 27Page 553 of 735 21 Stop 15 –Convention Centre -Sign needs to be updated to remove Scotiabank from the existing sign -Move the shelter from the South Side of Stanley Ave to the North Side -No garbage’s or recycling Page 26 of 27Page 554 of 735 22 Stop 16 –Marineland -Sign remains -Remove Marineland WEGO signage from South bound -2 benches -No Garbage’s or recycling -No service to this stop in the Winter Page 27 of 27Page 555 of 735 CAO-2024-04 Report Report to: Mayor and Council Date: August 13, 2024 Title: University of Niagara Falls Canada August 2024 Update Recommendation(s) 1. That the following report be RECIEVED for information. Executive Summary Staff agreed to provide some information to Council to address a number of questions related to the development of the University of Niagara Falls Canada. Background The development of the University in Niagara Falls Canada (UNF) in the downtown was a key undertaking by the City aligned with City Council's Strategic Priorities to develop a long term economic diversification strategy as well as a downtown redevelopment strategy. Analysis A post secondary educational institution especially one with post graduate degrees provides a number of benefits to a host city including but not limited to:  an ability to attract and retain top talent,  the addition of professors and other staff diversifies our community's employment base and increases average income levels,  the addition of students especially graduate students provides both increased economic spend as well as a potential well educated workforce participants However, like any other economic development concerns and questions can be raised on the impact. Specific concerns were raised around housing, food security, medical/ health care use and other issues. The purpose of this report is to address some of these issues in a factual manner. Estimated Student Numbers There have been a variety of estimates of anticipated students attending UNF this fall. Based on recent discussions with UNF, it is estimated that the student total for the fall of Page 1 of 3 Page 556 of 735 2024 will be between 1,000 and 1,200 students. This total includes students who attend in person full time, on-line students as well as hybrid students. Housing The UNF has both own-managed and partner-offered options for housing. They also utilize a housing coordinator to assist students to secure housing. • To provide safe and sufficient housing options, UNF has a 125-bed dormitory, located on Lundy’s Lane, offering affordable double-occupancy and single- occupancy suites. In addition, they are planning on adding an additional site which would be available for the Fall intake. • For the large majority of students who choose to live independently, UNF has partnered with local organizations, including 4Stay, SpacesShared, and Niagara Homestay, to offer safe and affordable options that cater to their preferences. There is also a cohort of local students who opt to live at home during their studies. While UNF has committed to providing traditional dormitory-style student housing, their experience has informed them that many post-secondary students—particularly masters level students which make up the large majority of UNF’s student base—often opt for independent living solutions. In addition, the student base includes fully online, part-time and hybrid (weekend/online) students who would not relocate to the Niagara Region. Some students also choose to live outside the region and commute to campus. In the long term UNF's campus development plans include building more student residences. Medical - Health Care Use As part of UNF’s policy, every international student is required to have private health insurance. They must purchase insurance through an insurance provider to ensure they have adequate health coverage for the duration of their studies. If a student does require health care attention, this mandatory insurance policy covers any expenses— they are not provided with free health care. Food Security The vast majority of international students who come to study in Canada are financially prepared to meet their housing and living needs. To ensure this is the case, and in compliance with the Ministry of Immigration, Refugees and Citizenship Canada’s (IRCC) regulations, all international students are required to demonstrate proof of funds to meet the minimum cost-of-living of $20,635 per year upon arrival to Canada. Page 2 of 3 Page 557 of 735 With the bulk of UNF students being master's level students who tend to be more financially self-sufficient compared to those enrolled in other bachelor level or other lower levels of academic programming. Use of Public Education System The question of whether a foreign student with children can have free access to the public education system was asked. Any international student at UNF who has a school-age dependent pays international student fees to enroll their child in a public school in Ontario—they are not provided with free education. However, it should be noted that students arriving with minor dependents are not expected to be a significant proportion of the student population. Operational Implications and Risk Analysis None Financial Implications/Budget Impact None Strategic/Departmental Alignment The development of a university campus is aligned with the City's goals and Strategic Priorities to diversify its economy. Strategic Plan Pillars Economic Diversification & Growth Fostering a balanced and sustainable local economy achieved by expanding and diversifying the types of industries and businesses operating within the community. Written by: Jason Burgess, CAO Submitted by: Status: Jason Burgess, CAO Approved - 07 Aug 2024 Page 3 of 3 Page 558 of 735 PBD-2024-36 Report Report to: Mayor and Council Date: August 13, 2024 Title: AM-2023-036, Official Plan and Zoning By-law Amendment Lands West of Allendale Avenue, South of Main Street (PIDs 13671, 4689, 4970, 4971, 4969 and Part 137498) Proposal: 20 Storey Building Containing 193 Dwelling Units Applicant: Zeljko Holdings Limited (Jeremia Rudan) Requested Modification to Approved Zoning By-law Recommendation(s) 1. That subject to subsection 34(17) of the Planning Act Council pass a resolution to deem the modifications to the draft zoning by-law to permit a 20 storey, 193- unit residential building on the lands, specifically a reduction in landscape open space area, a reduction in amenity area per dwelling unit and an increase in permitted balcony projection into a side yard, to be minor in nature and that no further notice is necessary. 2. That Council adopt Official Plan Amendment No. 168 and pass the related Zoning By-law included in tonight’s agenda. Executive Summary On June 18, 2024, Council approved an application to site specifically amend the Official Plan and Zoning By-law No. 79-200 for lands west of Allendale Avenue, South of Main Street (see Appendix 1). The requested Official Plan and Zoning By-law amendments permit the development of the proposed 20 storey, 193-unit residential building. In preparation of the detailed By-law it is noted the following site specific regulations necessary to permit the concept presented to Council, were not advertised and/or included in the analysis in the staff report to Council (Report PBD 2024-25):  A reduction in minimum landscaped open space area from 55% of the lot area to 10% of the lot area, was advertised in the Public Notice but not included in the report analysis;  A reduction in the minimum amenity space for an apartment dwelling unit from 20 square metres for each dwelling unit to 15 square metres for each dwelling unit, was neither advertised nor included in the report analysis; and, Page 1 of 5 Page 559 of 735  An increase in the projection of an open balcony not covered by a roof or open canopy from 0.45 metres to 1.8 metres, was neither advertised nor included in the report analysis. Section 34(17) of the Planning Act provides that where there is a change to the proposed By-law after a public meeting is held, Council must decide if modifications are minor in nature and whether further notice is required. Staff are of the opinion the requested changes to the proposed By-law are minor and there are no changes to the proposal that was presented to Council. Therefore, Council is requested to determine that these changes are minor and pass the resolution on tonight’s agenda. The requested changes are included in the draft by-law on tonight’s agenda for Council’s consideration. Background On June 18, 2024, Council approved an application to site specifically amend the Official Plan and Zoning By-law No. 79-200 to permit a 20 storey, 193 unit apartment building on the lands west of Allendale Avenue, south of Main Street (see Appendix 1). Approval of the amendments is subject to the inclusion of a Holding (H) provision to require filing of a Record of Site Condition, submission of an updated Wind Study and the completion of a Heritage Impact Assessment. In addition, the inclusion of a sunset clause in the amending By-law, to require the execution of a site plan agreement or receipt of a draft plan of condominium approval within three years of the amending By- law coming into effect, with a possible one year extension at the discretion of the General Manager of Planning, Building and Development, was included in the approval. During detailed preparation of the By-law, it is noted the following site-specific regulations necessary to permit the concept presented to Council, were not advertised and/or not included in the analysis in the staff report to Council (Report PBD 2024-25):  A reduction in minimum landscaped open space area from 55% of the lot area to 10% of the lot area. A reduction in landscaped open space was advertised in the Notices for Open House and Public Meeting, but an analysis was not included in the staff report;  A reduction in the minimum amenity space for an apartment dwelling unit from 20 square metres for each dwelling unit to 15 square metres for each dwelling unit. This reduction, similar to the reduction in open space, was applied for by the applicant, however it was not advertised nor was an analysis included in the staff report; and,  An increase in the projection of an open balcony not covered by a roof or open canopy from 0.45 metres to 1.8 metres This increase is necessary to accommodate the balcony projections shown in the applicant’s proposal. However it was not sought by the applicant, and it was not advertised nor an analysis included in the staff report. It was discovered in preparation of the detailed Zoning By-law. Page 2 of 5 Page 560 of 735 These requested departures do not result in any change to the development concept that was presented to Council. Analysis Staff have reviewed the requested changes and offer the following comments: Reduction in Landscaped Open Space Area A large landscaped open space area is required under the high density residential zones (R5 series) as they are typically used on Residential designated lands and large open space areas to help maintain the residential character of these developments and buffer them from adjacent low density residential areas. However the subject lands are currently designated and zoned Tourist Commercial. Tourist Commercial lands typically have much smaller landscaped areas as they are developed at a higher intensity with a focus on economic activity and animated streetscapes, and do not abut lower density residential areas that require buffering. It is also noted that the Tourist Commercial zone does not have a minimum requirement for landscaped open space coverage. The subject lands abut a parking lot, a street and a hydroelectric facility. The design of the proposal, placed close to the street to contribute to an animated streetscape with open space buffers used to buffer parking and loading areas, meets the intent of the Official Plan in terms of urban design in tourist areas, is complementary to the area and does not impact on abutting properties or residential properties located further west. Given this, the necessary change to the By-law is acceptable and considered minor. Reduction in Amenity Area This requirement was added by Council in 2022 to provide sufficient areas of amenity for resident enjoyment. In this case a reduction from 20 square metres to 15 square metres is minor. Sufficient amenity area is provided in the form of individual balconies, a large amenity area covering the entire tower rooftop, a large amenity area that covers the entire podium rooftop south of the tower, and two indoor amenity rooms, for the residents. Increase in Balcony Projection A 1.8 metre balcony projection into a required front or rear yard is already permitted. In terms of the subject lands, the yards to the north-west and south of the building are interpreted to be side yards by the Zoning By-law. The building is located 12 metres from the southerly side lot line and the increase in balcony projection will not impact on the former electric plant there. Although the building is located a bit closer to the north- west side lot line (8 metres) the abutting property is a parking lot and hydro corridor and is not impacted by the modest increase in balcony projection. Furthermore, the balconies, which curve around the building, assist in giving the building a unique architectural look that enhances the appearance of the building. Page 3 of 5 Page 561 of 735 It is noted that while two written submissions were received by the public, neither spoke to any concerns about these three matters. No one spoke at the public meeting. Operational Implications and Risk Analysis There are no operational implications with the proposed by-law changes associated with the proposal. Financial Implications/Budget Impact The proposed By-law changes do not impact on any financial matters. Strategic/Departmental Alignment The proposed By-law changes do not impact on any strategic plans. Strategic Plan Pillars List of Attachments Appendix 1 Location Map Written by: Andrew Bryce, Senior Development Consultant Submitted by: Status: Signe Hansen, Director of Planning Approved - 07 Aug 2024 Kira Dolch, General Manager, Planning, Building & Development Approved - 07 Aug 2024 Jason Burgess, CAO Approved - 07 Aug 2024 Page 4 of 5 Page 562 of 735 Location Map Print Date:© City of Niagara Falls 8/7/2024 This data is provided "as is" and the City of Niagara Falls (the City) makes no representations or warranties, expressed or implied, as to the accuracy or completeness of the data. The maps and drawings contained herein are intended for general layout purposes only and shall not be considered as official plans or drawings. For further information, please contact the City. The City shall not be held liable for special, incidental, consequential or indirect damages arising from the use of this data. Users assume all risks in using this data. No part of these digital images, or information, or hardcopies made from them may be reproduced and/or distributed without this disclaimer. Page 5 of 5 Page 563 of 735 R&C-2024-13 Report Report to: Mayor and Council Date: August 13, 2024 Title: 2024 Sports Wall of Fame Inductees Recommendation(s) THAT Council approve the following 2024 Sports Wall of Fame Inductees: Shelley Gautier, Athlete, Para-Cycling AUTOMATIC INDUCTION Poppy Gilliam, Athlete, Soccer Tim Topping, Builder Baseball AUTOMATIC INDUCTION 1981 Niagara Falls Kiwanis Club U13 Boys Soccer Team 2001-2002 Niagara Falls Thunder Midget AAA Hockey Team Executive Summary The Sports Wall of Fame Committee hosts the annual Niagara Falls Sports Wall of Fame Induction Ceremony. Induction into the Sports Wall of Fame is a special honour that recognizes the significant athletic achievements and contributions of those in our community who have brought fame to the City. The 2024 Sports Wall of Fame Induction Ceremony will be scheduled for early 2025 at the Gale Centre. Background The Sports Wall of Fame Committee has hosted the Niagara Falls Sports Wall of Fame Induction Ceremony since 1989. Induction into the Sports Wall of Fame is a great honour bestowed on Niagara Falls athletes, builders, teams and sponsors. The event is well attended each year and the Committee works to gather sponsors to offset costs. The Committee hosts the event at the Gale Centre where the Sports Wall of Fame is physically located. Analysis The City of Niagara Falls Sports Wall of Fame Committee is pleased to acknowledge the contributions of our athletes, builders, teams and sponsors that have brought fame to themselves and to the City. Financial Implications/Budget Impact City staff will coordinate the Induction Ceremony and have budgeted $4,900 for the event. As noted above, the Committee works to gather sponsors to offset program costs. Page 1 of 3 Page 564 of 735 Strategic/Departmental Alignment The City of Niagara Falls is committed to building and promoting a vibrant, sustainable City that supports an active, connected, healthy, and creative community. Through recognition of the Niagara Falls Sports Wall of Fame Inductees, the City will help to enhance a sense of pride and commitment from our residents and visitors. Strategic Plan Pillars Sustainability - Social Working in partnership with the Niagara Region to ensure residents have access to basic needs, ensuring that Niagara Falls is a livable, inclusive and supportive community for all. List of Attachments R&C-2024-13- Attachment #1 - 2024 Inductee Information Written by: Beth Angle, Manager of Recreation and Programs Submitted by: Status: Kathy Moldenhauer, General Manager of Recreation, Culture & Facilities Approved - 08 Aug 2024 Jason Burgess, CAO Approved - 08 Aug 2024 Page 2 of 3 Page 565 of 735 Attachment 1: 2024 Sports Wall of Fame Inductee Achievements Name Category Sport Brief Bio Poppy Gilliam Athlete Soccer Played first for the Niagara Falls Soccer Club, and then the St. Catharines Jets from ages 16-37, captaining the team for her last 15 years with them. Played on Team Ontario for 2 years and then went to Division 1 at Brown University, where she captained her last year and in their 3rd year they were ranked 12th in the country. She made the All-Ivy team. Trained with the National Development Program for a year and made it to the Canada Games where she co-led men's and women's soccer for 2 weeks at Young's Sportsplex in Welland. Canada Soccer hired her after the Canada Games and she has helped run the Canadian National Soccer championships the last two years. Shelley Gautier Athlete Para- Cycling A multi-medalist in para-cycling. Raced at three Paralympic Games (London, Rio, Tokyo) winning a bronze medal in the women’s T1 time trial in 2016. Silver medalist in Parapan American Games. 18 time world champion. 2019 inaugural winner of the Best Female category at the Canadian Cyclist Awards. AUTOMATIC INDUCTION Tim Topping Builder Baseball Coaching for the past 40 years, Tim has coached three Ontario Baseball Association championship-winning teams with the GNBA, as well as serving as coach for the Brock U Baseball Team from 1995-1999 who won back-to-back CIBA championships in 1998 and 1999. He created the first Niagara Falls baseball team to compete in an American Legion Baseball League, and his teams have played in the Freeport Invitational several times. Tim has held baseball clinics and workshops for players and coaches and has sat on the GNBA board of executives for 25 years, including a 2-year term as president beginning in 2000. He is now a lifelong member of the GNBA and has also served on the NDBA board for 15+ years. For his contributions, he received a Volunteer Recognition Award in 1998 from the NF Rec Committee and was made a Paul Harris Fellow by the NF Rotary Club. AUTOMATIC INDUCTION 1981 Niagara Falls Kiwanis Club U13 Boys Soccer Team Team Soccer In 1981, the team won the Ontario Cup Championship in the top tier of their 1969 age group. They were unable to compete in the National Championship as it was cancelled that year. Niagara Falls Thunder 2001-2002 Midget AAA Team Hockey In 2002, the team won the OMHA 2002 AAA Midget Championship. They also competed in the Air Canada Cup in Timmins, Ontario. Page 3 of 3 Page 566 of 735 1 Michael Stewart To:Clerk; Heather Ruzylo Subject:RE: [EXTERNAL]-Christian Heritage Month-December From: sam kunjicka <samkunjicka@hotmail.com> Sent: Monday, July 15, 2024 2:20 PM To: Clerk <clerk@niagarafalls.ca> Cc: sam kunjicka <christianheritagemonth@gmail.com> Subject: [EXTERNAL]-Christian Heritage Month-December Dear Sir/Madam, City Clerk of Niagara falls, I am writing to inquire about the possibility of proclaiming December as Christian Heritage Month in the City of Niagara Falls. I would like to bring your attention to the five cities have already proclaimed this designation this year. These cities are Orangeville, Vaughan, Orillia, Rideau Lakes, Markham and Prince George BC. The City of Brampton was the first city back in 2919. I believe it would be a meaningful recognition of the Christian community in the city of Niagra Falls. I would like to understand what your policies are on proclamations in the City of Niagara Falls, Ontario. Is it possible for community members to request and potentially receive a proclamation for a certain cause or designation? If so, what is the process for submitting a request and what criteria are taken into consideration when evaluating these requests? I believe that proclaiming December as Christian Heritage Month would be a positive gesture towards acknowledging the contributions and values of the Christian community in our city. I look forward to hearing from you regarding this matter and appreciate your attention to this request. Thank you for your time and consideration. Sam Kunjicka Founder, Director Christian Heritage Month Foundation 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 567 of 735 1 Heather Ruzylo To:Carey Campbell Subject:RE: [EXTERNAL]-Wrongful Conviction Day From: Marisa Parsons Sent: Thursday, July 25, 2024 5:40 PM To: Jim Diodati <jdiodati@niagarafalls.ca> Subject: [EXTERNAL]-Wrongful Conviction Day Good afternoon, On behalf of the International Wrongful Conviction Committee, I am writing to request that the Mayor proclaim October 2, 2024, as “Wrongful Conviction Day”. Wrongful Conviction Day is designated as an annual International Day to recognize the tremendous personal, social and legal costs associated with wrongful criminal convictions. This day recognizes those persons who have been forced to endure the tremendous consequences brought by a wrongful criminal conviction. The purpose of this day is to inform and educate the broader international community on the causes, consequences and complications associated with wrongful criminal convictions. More information on t he day can be found at: http://wrongfulconvictionday.com. It is important to raise awareness in order to work toward the prevention of further wrongful convictions. Proclaiming October 2nd as Wrongful Conviction Day can direct the public’s attention to this issue and generate support and understanding. Wrongful Conviction Day was spearheaded by the International Wrongful Conviction Day Committee and now many organizations are leading events in its honor. The committee is committed to raising awareness of and advocacy against wrongful convictions globally. The color for “Wrongful Conviction Day” is yellow. We also are requesting on Oct 2, 2024 for the City to illuminate their building in yellow. Thank you, Marisa Parsons Licensed Paralegal 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 568 of 735 1 Heather Ruzylo From:Clerk To:Shelley Werk Subject:RE: [EXTERNAL]-Light up in Blue for Prostate Cancer From: Shelley Werk <Shelley@prostatecanada.ca> Sent: Monday, July 29, 2024 1:42 PM To: Clark Bernat <cbernat@niagarafalls.ca>; Carey Campbell <ccampbell@niagarafalls.ca>; Building <building@niagarafalls.ca>; Clerk <clerk@niagarafalls.ca>; Jim Diodati <jdiodati@niagarafalls.ca> Subject: [EXTERNAL]-Light up in Blue for Prostate Cancer Good aŌernoon September is Prostate Cancer Awareness month and Prostate Cancer Founda Ɵon Canada is asking landmarks across Canada to light up in blue for 1 day, 1 week or all month to raise awareness for the #1 cancer in men. In 2023 we had over 130 locaƟons light up, we are hoping to get 175 this year. Niagara Falls is lighting up on Sept. 1st for us. We would love your support for 2024. Thank you so much and have a great day! 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 569 of 735 September is Prostate Cancer AuNareness Month Show your blue and light up for the #1 cancer in men PROSTATE CANCER FOUNDATION CANADA #4-17918 55TH AVE SURREY BC V55 6C8 604 574-4012 HTTPS://PROSTATECANADA.CA/GET-|NVOLVED/ Page 570 of 735 1 Michael Stewart To:Bill Matson; Heather Ruzylo Cc:Margaret Corbett; Debra Jones Subject:RE: [EXTERNAL]-Jordy Pepperall (Birthday celebration Fernwood Park ) -----Original Message----- From: Mike Strange <mstrange@niagarafalls.ca> Sent: Tuesday, July 23, 2024 10:38 AM To: Antonella Damiano Cc: Jim Dioda <jdioda@niagarafalls.ca>; Kathy Moldenhauer <kmoldenhauer@niagarafalls.ca>; Bill Matson <billmatson@niagarafalls.ca> Subject: Re: [EXTERNAL]-Jordy Pepperall (Birthday celebraon Fernwood Park ) Thanks Antonella for the email and for doing this for our special angel Jordy who was taken too early in life but so happy that you and her family and friends are carrying on her legacy to help other children. I am going to Cc our mayor Jim Dioda, our City clerk Bill Matson and our manager of parks and recreaon Kathy Moldenhauer with hopes we can make this special heavenly birthday happen with the ice cream truck at Fernwood park on August 17th . Thanks. Mike Sent from my iPad > On Jul 23, 2024, at 10:06 AM, Antonella Damiano wrote: > > Good morning Mike, > > I’m emailing you directly to ask permission if it is okay that we as > Fernwood residents have a celebraon for a few hours at our local park to honour Jordy Pepperall on her birthday. Mom had been doing great things to spread joy like Jordy and keep Jordy’s love for life present In everything she does especially to help others. The date will be August 17th and it will be for a few hours. Lindsay Jordy’s mom, would like to have an ice cream truck “CreekSides “ Ice-cream trailer parked in front of the park or at the park. I know there is no special permit or any by law as I had already called earlier We do want to make sure we are able to do this in order for Jordy to be honoured on her birthday by her family and friends in the neighbourhood. > Thank you in advance ! > Antonella > > Sent from my iPhone > CAUTION: This email originated from outside of the organizaon. Do not click links or open aachments unless you recognize the sender and know the content is safe. > Page 571 of 735 CV FA CHIPPAWA VOLUNTEER FIREFIGHTERS ASSOCIATION 8696 Banting Ave Niagara Falls, On L2G 6Z8 vox: 905 295 4398 email: chippawafire@gmail.com To whom it may concern, The Chippawa Volunteer Firefighters Association is hosting the Slo Pitch National tournaments the weekends of August 23-25, September 6-8, and September 13-15. We are seeking permission for Creeksides Ice Cream trailer to attend on the above weekends to sell ice cream. If there is any additional information I can provide you, please contact me at chippawafire@gmail.com. Sincerely, Jennifer Schneider CVFA Secretary Page 572 of 735 1 Michael Stewart Subject:FW: [EXTERNAL]-India's Independence Day - August 15 - flag raising From: Raul Dudnic <rauldudnic@yahoo.com> Sent: Thursday, August 1, 2024 11:46 AM To: Emily Tropea <etropea@niagarafalls.ca> Cc: Heather Ruzylo <hruzylo@niagarafalls.ca> Subject: Re: [EXTERNAL]-India's Independence Day - August 15 - flag raising Hi Heather Thank you for your reply. Please forward our request to the City Council for raising India's flag on August 15 on behalf of Chinmaya Mission, Niagara Falls. August 15 at 10:30 AM is fine, and please use the flag that you have. From a previous similar event, we know that we need the City to provide a power line for our amp system (which we will bring). Please let me know once it is approved by the Council. Regards, Raul Raul Dudnic Producer ROMANIAN TV @ OMNI 1 - Rogers TV, Toronto 1-416-801-9869 - mobile dudnic@rogers.com On Thursday, August 1, 2024 at 10:21:33 a.m. EDT, Emily Tropea <etropea@niagarafalls.ca> wrote: Hello Raul! Has this request been submitted to go before council? Our next Council Meeting is August 13th. Please submit your request for flag raising to Heather Ruzylo (CC'ed hereto). For now, I can set aside a time, but until I receive word that it's been approved, it will remain tentative. On August 15th we could only accommodate a 10:30am flag raising. Would that suit? The Mayor's afternoon is totally booked. Alternatively, I could suggest 2:00pm on Friday August 16th . Or, if you would be open to a Member of Council facilitating the flag raising, I could see if perhaps Councillor Patel is available on the afternoon of August 15th . We do have an India flag here at the office, unless there is a different flag you'd like to use. Kindly confirm. Thank you! Emily Page 573 of 735 2 Emily Tropea | Executive Assistant | Office of the Mayor and CAO | City of Niagara Falls 4310 Queen Street | Niagara Falls, ON L2E 6X5 | (905) 356-7521 ext 5101 | etropea@niagarafalls.ca From: Raul Dudnic <rauldudnic@yahoo.com> Sent: Wednesday, July 31, 2024 4:14 PM To: Emily Tropea <etropea@niagarafalls.ca> Subject: [EXTERNAL]-India's Independence Day - August 15 - flag raising Hi Emily I wrote some time ago an email to Heather, found out today she's not with the City Hall anymore. Can we please schedule a flag raising ceremony at the City Hall for August 15, India's National Day, like last year? Let us know please what is the best time of the day to do it, so Mayor Jim, you, Carey and anyone from the staff would be available? Once scheduled, we can go through the technical details. Thank you, Raul - on behalf of Chinmaya Mission, Niagara Falls Raul Dudnic Producer ROMANIAN TV @ OMNI 1 - Rogers TV, Toronto 1-416-801-9869 - mobile dudnic@rogers.com CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 574 of 735 1 Michael Stewart Subject:FW: TIME SENSITIVE FW: [EXTERNAL]-Ukrainian flag raising From: Carey Campbell Sent: Tuesday, August 6, 2024 12:39 PM To: Irene Newton <irene.newton2012@gmail.com>; Jim Diodati <jdiodati@niagarafalls.ca>; Emily Tropea <etropea@niagarafalls.ca>; Bill Matson <billmatson@niagarafalls.ca>; Heather Ruzylo <hruzylo@niagarafalls.ca>; Margaret Corbett <mcorbett@niagarafalls.ca> Subject: RE: [EXTERNAL]-Ukrainian flag raising Hello Irene: Thanks for your note to Mayor Jim requesting a flag raising. I’m putting you in touch, here, with our City Clerk’s Department staff, Bill Matson, Heather Ruzylo and Margaret Corbett as they will need to ensure your request comes to the next City Council Meeting in order that approval be requested by City Council. Once approved, they will let our office know and my colleague, Emily Tropea know and she can work with you to schedule the flag raising. Thank you for reaching out. 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: Irene Newton <irene.newton2012@gmail.com> Sent: Wednesday, July 31, 2024 8:32 PM To: Jim Diodati <jdiodati@niagarafalls.ca> Subject: [EXTERNAL]-Ukrainian flag raising Good day Mayor Diodati, My name is Irene Newton, from the Ukrainian Canadian Congress of Niagara, and I am writing to inquire if there is a possibility of honouring the 33rd anniversary of Ukraine's Independence Day by doing a flag raising on Friday August 23rd in front of City Hall. I realize some issues have arisen since the Israeli-Hamas War, but I know our Ukrainian Canadian community would be very grateful for this opportunity. I was thinking that 11 a.m. would be a good time, but I will leave that at your discretion. 1 p.m. could also work. Please let me know if this would be possible. Page 575 of 735 2 Thank you for your time. Irene Newton, President Ukrainian Canadian Congress, Niagara 16 Dixie Rd.- Unit 400 St. Catharines, ON, L2N 7N5 289-686-0033 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 576 of 735 “g TOWNSHIP OF BRUDENELL,LYNDOCHAND RAGLA August 7,2024 The Honourable Doug Ford,Premier of Ontario Premier’s Of?ce Room 281,Legislative Building,Queen’s Park Toronto,ON M7A 1A1 Dear Premier Ford, Re:Urglng the Government to Promptly Resume Assessment Cycle Please be advised that at their last Regular Meeting of Council on Wednesday August 7‘“,2024, the Council for the Corporation of the Township of Brudenell,Lyndoch and Raglan supported the following resolution: Resolution #2024-08-07-10 Moved By:Councillor Quade Seconded by:Councillor Keller "Be It resolved that the Council of the Corporation of the Township of Brudenell,Lyndoch and Raglan hereby supports the resolution from the Municipality of Callander urging the Government to promptly resume the assessment cycle. And further that Council directs staff to provide a copy of this resolution to the Premier,the relevant provincial authorities,the Association of Municipalities in Ontario,the Rural Ontario Municipalities Association,the Federation of Northern Ontario Municipalities,the Municipal Property Assessment Corporation,and all municipalities in Ontario for their consideration,to make proper changes as quickly and ef?ciently as possible.” CARRIED. Sincerely, Deputy Clerk 42 Burnt Bridge Road,PO Box 40 Puma Rapids,Ontario K0]2E0 TEL:(613)758-2061 -FAX:(613)758-2235 Lumen Page 577 of 735 RE:Urging the Government to Promptly Resume Assessment Cycle Please be advised that the Council of the Corporation of the Municipalityof Callander passed the followingresolution at its Regular Meeting of Council held Tuesday,May 28, 2024. Resolution No.2024/5/184: 7.4(c)WHEREAS the assessment cycle is an essential process for maintaining the fairnessand predictability of property taxes in our province; AND WHEREAS the pause in the reassessment cycle has created uncertainty and instability in property taxation,impacting both resldential and commerclal property owners: AND WHEREASthe government has delayed an assessment update again in 2024,resulting in Ontario's municipalities continuing to calculate property taxes using 2016 property values; AND WHEREAS both current and outdated assessments are inaccurate, increase volatility,and are not transparent; AND WHEREASfrequent and accurate reassessments are necessary to stabilize property taxes and provide predictability for property owners,residents, and businesses alike: AND WHEREASthe staff at the Municipal Property Assessment Corporation would bene?t from further skills enhancement and training in assessments, recognizing the importance of ensuring accurate evaluations for 100%of our municipality; AND WHEREAS the Government has announced a review of the property assessment and taxation system with a focus on fairness,equity,and economic competitiveness,and therefore further deferring new property assessment; Premier Doug Ford premier@ontario.ca 31 May 2024 u h Page 578 of 735 w u‘.n “Wu x.u mm tHn 1.mm Mur-JM"mm, ..‘,‘.m-w m ;_1.1m Wmm u Hum,y u-Hum”, 1H0 Facsimile:705-752—3116 NOW THEREFOREBE IT RESOLVEDTHATthe Councilof the Municipalityof Callander hereby calls upon the Premier to promptly resume the assessment cycle to ensure the stability and predictabilityof property taxes white the Government conducts Its review of the property assessment and taxation system,or respond with an alternative method for every municipalityin Ontario to achieve fair taxation; AND THAT all Municipalities in Ontario and their constituents are encouraged to apply pressure to the Premier,daily.weekly,and monthly,to resolve the situation before it causes undo stress to everyone in the Municipality; ANDTHAT a copy of this resolution be forwarded to the Premier,the relevant provincial authorities.the Associationof Municipalityin Ontario,the Rural Ontario Municipalities Association,the Federation of Northern Ontario Municipalities.the Municipal Property Assessment Corporation.and all municipalities in Ontariofor their consideration,to make proper changes as quickly and ef?ciently as possible. Thank you. Cindy Pigeau Municipal Clerk Copy to:Association of Municipalities of Ontario Rural Ontario MunicipalitiesAssociation Federation of Northern Ontario Municipalities Municipal Property Assessment Corporation AllOntario Municipalities The Corporaiion 780 Mair. Page 579 of 735 CORPORATION OF THE TOWNSHIP OF SCHREIBER CAO/CLERK 1 Hon. Patty Hajdu, 705 Red River Road, Suite 3 Thunder Bay, ON P7B 1J3 July 18, 2024 Re: Schreiber’s Wastewater Treatment Plant Dear Hon. Patty Hajdu, I am writing to you today to request a meeting in person regarding our Wastewater Treatment Plant along with Mayor Mullins and Cllr. Bourgeault. The Schreiber Wastewater Treatment Plant was initially built in 1974 with only one Clarifier. In 1989 a second Clarifier was built in addition to some plant components, such as a chlorine contact chamber. The plants served the community well until recently when regulations changed. The practice of chlorinating effluent at wastewater plants has been around since the early 1900's. However, around 1999, new regulations came into effect that require wastewater plants to dechlorinate before discharging wastewater back into the environment. The Practice of dechlorinating was a financial burden most communities were not able to bear. It became acceptable to implement temporary measures to dechlorinate effluent discharge at a reasonable cost. Unfortunately, Wastewater plants in many communities have adopted this temporary fix as a normal practice. Recently communities have been made aware that this temporary fix will no longer be tolerated, and permanent treatment practices must be adopted by 2026. Inspections of wastewater plants will again become the focus for inspectors starting this year for the first time in a decade. In 2022, the Schreiber Town Council of the day started the process of UV disinfection. The Township hired EXP Services Inc, to prepare a design brief for the installation of the UV disinfection and the projected annual cost of operating the system. With a deadline for a permanent solution fast approaching in 2026, the Township has turned their focus to a permanent solution using chemicals to dechlorinate. This "Chemical in a Box" can be designed and installed for approximately one million dollars ($1,000,000.00) with an annual operating budget of twenty-seven thousand dollars ($27,000.00). The UV solution is approximately five million dollars ($5,000,000.00) to install with an annual operating budget of ten thousand dollars ($10,000.00). This initial installation cost of both is beyond reach for the Township so the lessor of the two (2) options is our only choice despite a higher annual operating cost. The Township is still working on finding the money for this project. Page 580 of 735 CORPORATION OF THE TOWNSHIP OF SCHREIBER CAO/CLERK 2 In 2021, the plant underwent an electrical inspection and the classification of the plant changed to a class 4. This means that all the electrical components in the plant must be changed to explosion proof components. This change was necessary due to the moist environment and gases produced by the process. Since the cost was astronomical for the Township, a decision was made to do the Electrical Safety Authority (ESA) upgrade in 4 phases. The first phase was completed in 2022 for one hundred eighty-one thousand five hundred dollars ($181,500.00). In 2023, the prices for all the parts were almost double because of COVID. As a result, phase 2 price tag exceeded what was budgeted in 2023, so nothing was done. In 2024, the ESA inspector requested a meeting with the Township of Schreiber to discuss the outstanding issues with the Wastewater Treatment Plant. The ESA has been more than patient with the Township as the normal practice is 30 days to comply. We are required to have the Wastewater plant brought up to a Class 4 standard by the end of 2024. This endeavor will cost the Township approximately one million dollars ($1,000,000.00). The Township is using the OTF money to cover this expense and borrowing the balance until the 2025 allocation is received. As you can see in the attached spreadsheet, the electrical issue at the plant continues to present urgent situations from "dirty power" and corroded components. Electrical components continue to fail such as breakers, pumps, motors, receptacles, lights, heaters, the list is endless. These urgent repairs continue to put strains on the reserve funds. Due to the age of the plant, the breakdowns are not only associated with the electrical issues. We have experienced breakdowns in the air distribution system, where confined entries are required to patch pipes under the plant. Currently we are experiencing a breakdown with clarifier 1. There seems to be a concrete failure on the wall separating the clarifier and the digester. This breakdown is preventing the sludge from being bagged properly. The clarifier will need to be pumped down and a concrete specialist brought in to examine the wall to see if repair is possible. We are unclear at this point about the cost of repair, but we anticipate somewhere around one hundred thousand dollars ($100,000.00). We are currently investigating this urgent matter. With mechanical breakdowns, electrical issues, and structural failures, the process of treating wastewater cannot be maintained. Sludge cannot get bagged due to the excess water from the structural failure. The lack of air in the process while we wait for the new blower and VFD to be installed. The Non-Compliance incidents that we have had to report have put Schreiber on the short list to be among the first inspections. The repairs and regulations that we are aware of will most certainly put a financial strain on the Township that a small resident tax base will never be able to sustain. The Non-Compliance reports have totaled thirteen (13) just since March of 2024. Page 581 of 735 CORPORATION OF THE TOWNSHIP OF SCHREIBER CAO/CLERK 3 The bagging system at the wastewater plant is the original installed in 1974. The system has been obsoleting for many years now, so parts are no longer available. When breakdowns occur, custom parts are made by an out-of-town welding shop. This translates into long down times while parts are manufactured. The system does not work well anymore so it requires constant manpower to ensure it continues to bag. This puts an incredible strain on staffing already faced with shortages. The bagging system needs to be upgraded as soon as possible since this process contributes to the Non-Compliance issues. This new system is also going to cost the Township another million dollars ($1,000,000.00) plus. As you can see on page 5 of this correspondence the Township has endured one point five million dollars ($1,518,061.34) in unexpected repairs over the last five and a half (5.5) years. Aging infrastructure and little assistance are hemorrhaging small Municipalities all over the Province. It is imperative that the Provincial and Federal Governments step up to financially relieve the heavy burdens on small Municipalities. We are reaching out to you today to discuss such EMERGENT issues and how the Provincial and Federal Governments are going to step up to plate and provide much needed financial assistance to assist with their mandated Regulations. To cover these essential upgrades small Municipalities will need to tax their residents to death to cover such costs. I look forward to hearing back from you with a time for a scheduled meeting to discuss options available to small Municipalities with such emergent issues as I have described above. Kind Regards, Rhonda Smith CAO/Clerk for the Township of Schreiber CC: Mayor Mullins Cllr. Bourgeault Cllr. McGrath Cllr. Mauro Cllr. Bryson Hon. Doug Ford, Premier of Ontario Hon. Justin Trudeau, Prime Minister Hon. Kinga Surma, Minister of Infrastructure Page 582 of 735 CORPORATION OF THE TOWNSHIP OF SCHREIBER CAO/CLERK 4 Unexpected Costs at the Wastewater Treatment Plant Since 2019 Year Description Cost 2019 Compressor Repair $84.75 Bagging System Repair $290.51 Bagging Building Heater Repair $1,695.00 Sludge Motor Repair $901.18 Bagging System Repair $2,009.25 Bagging System Clamps Repair $1,007.42 Clarifier Building Heater Repair $3,983.25 Trash Pump $2,280.80 Clarifier Heater Repair $1,192.09 Clarifier Parts $15,036.15 DE chlorination Feasibility Study $24,663.82 Light Repair in the Clarifier Building $6,780.00 2019 Total $59,924.22 2020 Bagger Heater Repair $565.28 Clarifier Building Electrical Repairs $1,062.12 Bagging System Electrical Repairs $1,062.12 Chlorinator Parts $4,844.53 Plant Electrical Inspection $23,938.00 2020 Total $31,472.05 2021 Sludge Trailer Axle Repair $1,063.33 Sludge Trailer Parts $2,594.48 Water Heater Replacement (electrical surge) $519.79 Light Repairs $1,595.71 DeChlor Metering Pump $942.92 Digester Decant Pump $3,587.55 Building Classification as per ESA $6,614.40 Electrical Assessment as per ESA $23,330.00 2021 Total $40,248.18 Page 583 of 735 CORPORATION OF THE TOWNSHIP OF SCHREIBER CAO/CLERK 5 Unexpected Costs at the Wastewater Treatment Plant Since 2019 Year Description Cost 2022 DeChlor Project Study Final Invoice $33,249.43 ESA Electrical Upgrade $18,189.09 Clarifier Blower Line Repair $18,640.64 ESA Upgrades Phase 1 $181,440.33 Receptacle Emergency Repair $2,017.92 Sludge Pump Replacement $2,236.80 VFD Failure - Dirty Power (troubleshooting) $1,414.88 2022 Total $257,189.09 2023 Bagger Building Heater Repairs $395.50 Bagger Building Heater Repairs $442.59 Light Repair Garage Washrooms $1,209.91 Emergency Blower Motor Install $6,130.21 2023 Total $8,178.21 2024 ESA Upgrades - Mandatory $990,822.00 VFD Cabinet Blower $114,560.00 Emergency Repair Lights and Heater Clarifier 2 $14,430.80 Bagger Building Heater Repair $1,236.79 2024 Total as of July 6th $1,121,049.59 5.5 yr. Total $1,518,061.34 Page 584 of 735 The Town of Goderich 57 West Street Goderich, Ontario N7A 2K5 519-524-8344 townhall@goderich.ca www.goderich.ca Wednesday, April 10, 2024 Matthew Pearson Chair Ausable Bayfield Maitland Valley Source Protection Committee 71108 Morrison Line RR3, Exeter Ontario SENT VIA EMAIL: mpearson@bmross.net N0M 1S5 RE: Recommended Phase-Out of Free Well Water Testing in the 2023 Auditor General’s Report Dear M. Pearson, Please be advised of the following motion passed at the Monday, March 18, 2024, Goderich Town Council Meeting: Moved By: Councillor Segeren Seconded By: Deputy Mayor Noel That the Town of Goderich direct a letter to Minister Lisa Thompson requesting that the province not proceed with the recommended phase-out of free private well testing in Ontario; And Further That area municipalities, the Minister of Environment Conservation and Parks, the Minister of Health and Long-Term Care, other Source Protection Committees, and local health units be forwarded the letter and asked for their support. CARRIED If you have any questions, please do not hesitate to contact me at 519-524-8344 ext. 210 or afisher@goderich.ca. Yours truly, Andrea Fisher Director of Legislative Services/Clerk /ar cc. Premier Doug Ford premier@ontario.ca Hon. Paul Calandra Paul.Calandra@pc.ola.org Page 585 of 735 The Town of Goderich 57 West Street Goderich, Ontario N7A 2K5 519-524-8344 townhall@goderich.ca www.goderich.ca MPP Lisa Thompson, Huron–Bruce lisa.thompsonco@pc.ola.org MPP Andrea Khanjin, Minister of Environment Conservation and Parks andrea.khanjin@pc.ola.org MPP Stan Cho, Minister of Long-Term Care Stan.Cho@pc.ola.org Ontario Municipalities Page 586 of 735 ol/Lq The Gorporation of the Municipality of St. Gharles RESOLUTION PAGE Regular Meeting of Council {genda Number: 10.4. Resofution Number 2024-245 Title: Date: Resolution stemming from April 17 , 2024 Regular Meeting of Council - ltem 10.1 - Correspondence #29 May 15,2024 Moved by: Seconded by: Councillor Loftus Councillor Pothier BE lT RESOLVED THAT Council for the Corporation of the Municipality of St.-Charles hereby supporb the Resolution passed by the Town of Goderich, on March 18, 2024, regarding the phase-out of free private well testing in Ontario; AND BE lT FURTHER RESOLVED THAT a copy of this Resolution be sent to Premier Doug Ford; the Minister of Environment, Gonservation and Parks, Andrea Khanjin; the Minister of Health, Sylvia Jones; the Association of Municipalities of Ontario (AMO); our local Member of Provincial Parliament (MPP); our local Health Unit, Public Health Sudbury & Districts; and, all Ontario Municipalities. CARRIED MAYO Page 587 of 735 July 29, 2024 City of Hamilton Haldimand County Regional Municipality of Niagara Local Area Municipalities SENT ELECTRONICALLY Report No. FA-38-24 RE: Watershed Natural Assets Analysis and Valuation At the Board of Directors meeting held on July 19, 2024, the following resolution was passed: Resolution No. FA-82-2024 Moved by: Stew Beattie Seconded by: Donna Cridland THAT Report No. FA-38-24 RE: Watershed Natural Assets Analysis and Valuation BE RECEIVED; AND THAT a copy of Report No. FA-38-24 RE: Watershed Natural Assets Analysis and Valuation BE CIRCULATED to NPCA watershed municipalities. Those interested can learn about the value of nature-based solutions in the watershed here. A copy of Report No. FA-38-24 is enclosed for reference and associated appendices are available on request. Staff leading this initiative invite Councils or staff to reach out if they are interested in how a Natural Assets Analysis can support their municipal asset management planning. I welcome you to connect with me via email at mdavis@npca.ca if there is interest in learning more. Sincerely, Melanie Davis Manager, Office of the CAO & Board Niagara Peninsula Conservation Authority 905.788.3135 ext. 250 cc: Chandra Sharma, CAO / Secretary – Treasurer Leilani Lee-Yates, Director, Watershed Strategies & Climate Change Natalie Green, Manager, Climate Change & Special Programs Tara Gaade, Program Coordinator, Watershed Strategies & Climate Research Cathy Coverdale, Manager, Financial Services Page 588 of 735 Report No. FA-38-24 Watershed Natural Assets Analysis and Valuation Page 1 of 6 Report To: Board of Directors Subject: Watershed Natural Assets Analysis and Valuation Report No: FA-38-24 Date: July 19, 2024 ______________________________________________________________________________ Recommendation: THAT Report No. FA-38-24 RE: Watershed Natural Assets Analysis and Valuation BE RECEIVED; AND THAT a copy of Report No. FA-38-24 RE: Watershed Natural Assets Analysis and Valuation BE CIRCULATED to NPCA watershed municipalities. Purpose: To inform the Board of Directors about the results of the NPCA’s watershed natural asset analysis, assessment and valuation project, including the Town of Fort Erie case study. Background: Nature is a valuable infrastructure asset critical for mitigating and adapting to the effects of climate change. With its role in watershed-based natural resource management, the NPCA is a key leader in implementing local climate change adaptation and mitigation initiatives such as water monitoring, flood forecasting and warning, floodplain mapping and flood infrastructure risk management, ecosystem restoration and stewardship, land securement, and natural asset management. In 2019, the NPCA Board of Directors declared a climate change emergency through approval of Resolution No. 174-2019 recognizing the critical need to act on the impacts and effects of climate change across the NPCA watershed. More recently, climate change was identified as a critical priority under the NPCA’s 2021-2031 strategic plan which includes numerous climate-related actions across six strategic priorities. The relevant strategic plan’s goals and actions have been integrated within the NPCA’s Climate Change Action Plan (CCAP) which is currently being implemented and finalized by staff (refer to FA-39-24 for more information). Page 589 of 735 Report No. FA-38-24 Watershed Natural Assets Analysis and Valuation Page 2 of 6 The CCAP aims to achieve the following three objectives: 1. Build climate change resilience within the Niagara Peninsula watershed and NPCA properties 2. Reduce NPCA’s carbon footprint to achieve net-zero greenhouse gas (GHG) emissions by 2050 3. Engage with NPCA staff, partners, and stakeholders to accelerate local climate change action Following the December 2022 approval of the CCAP framework (Report FA-50-22), extensive staff engagements were conducted to help shape the details/actions of the plan, including updating the six updated key outcomes as follows: Outcome 1 Targets for corporate GHG reduction established Outcome 2 Understand climate change impacts and vulnerabilities to the Niagara Peninsula watershed jurisdiction, including on NPCA properties. Outcome 3 Increase climate change resiliency throughout the watershed. Outcome 4 Enhanced climate change resiliency at NPCA properties. Outcome 5 Improved corporate sustainability practices Outcome 6 Collaboration with external partners to advance research and on-the- ground climate action. As part of the NPCA’s climate change initiatives (related to CCAP outcomes 2, 3, 4, and 6), NPCA initiated a project to undertake a natural asset inventory, analysis and valuation project for the Niagara Peninsula watershed. The project also included a case study application of natural asset management approaches for the Town of Fort Erie and help them meet regulatory requirements for incorporating green infrastructure into asset management plans. In September 2023, staff provided an update on the NPCA’s asset management initiatives including tangible capital asset management planning, the watershed natural heritage asset project, and overview of a pilot project with the Town of Fort Erie (Report FA-38-23). Discussion: Natural or green infrastructure, also called nature-based solutions, are those natural or human-made elements that provide essential services to people and the environment, such as carbon uptake (i.e., sequestration) and storage, protecting against flood and erosion, supporting biodiversity, providing shade/cooling effects, improving water quality, and many human health and recreational benefits. In Q3 of 2023, in accordance with corporate procurement policies, NPCA retained Green Analytics to support the completion of a watershed-wide natural asset management project using NPCA’s recently updated natural areas inventory and ecological land classification data. The purpose of the project was to: create an inventory of natural assets across three levels ranging from general natural areas to specific ecosystem types, better understand the Page 590 of 735 Report No. FA-38-24 Watershed Natural Assets Analysis and Valuation Page 3 of 6 state of the assets through an ecosystem-based condition assessment, and estimate the value of natural assets using replacement cost and provision of ecosystem services. The information from this project is critical for watershed management, land acquisition, conservation area land planning, natural asset management, financial planning, and targeted habitat restoration. Natural Asset Inventory The final report, attached as Appendix 1, shows that altogether agricultural, natural, and pervious area assets cover 83.5% of the NPCA's watershed. Agricultural land dominates the natural asset composition within the NPCA watershed, covering 52.6% of the watershed while natural assets comprise 28.1% of the NPCA watershed. Condition Assessment A condition assessment was conducted using a desktop approach to produce a high-level evaluation of an asset’s ability to provide ecosystem services, such as nature-based recreation, air pollution filtration, and storm water attenuation. To assess natural asset condition, a set of nine indicators were used following the approach outlined in the Canadian Standards Association (CSA) for natural asset inventories. The indicator criteria were categorized into either landscape context (e.g., percent of forest cover, percent wetland cover, extent of adjacent permeable land uses) or physical context (e.g., interior habitat, natural area patch shape, road density, proximity to watercourses, forest proximity to other natural assets, and wetland proximity to other natural assets). The underlying assumption for natural asset condition assessments is that an asset in “good” condition (from an ecological perspective) is anticipated to be able to provide a “good” level of ecological services. The condition assessment found that 59% of the watershed’s natural assets are in ‘good’ condition and 40% in ‘fair’ condition. Notably, 89% of wetland assets rated as good and other natural assets generally rated fair. Replacement Costs In the context of tangible capital asset management processes, a replacement cost includes the comprehensive costs for replacing and maintaining as asset through its lifecycle; however, estimating replacement costs for natural assets can be challenging because natural assets are irreplaceable in an ecological sense, may not have a historical or capital construction cost, and gain more value as they age (unlike capital assets that depreciate over time). Using the established natural asset guidance and scientific literature, the estimated replacement costs for the natural assets within the Niagara Peninsula watershed was estimated to exceed $10 billion, based on per unit restoration costs. Overall, forest assets account for 46% and wetlands account for 44% of the total replacement cost. It is important Page 591 of 735 Report No. FA-38-24 Watershed Natural Assets Analysis and Valuation Page 4 of 6 to note that the estimate accounts for the complexity and extended time required to restore natural assets. Ecosystem Service Valuation Natural assets support climate change mitigation efforts through carbon sequestration, where carbon is removed from the atmosphere and stored within the asset. They also support climate adaptation efforts through the provision of other ecosystem services, such as stormwater attenuation, supporting biodiversity, and more. The amount of carbon sequestration and storage was evaluated for forest and non-forest assets in the NPCA watersheds. The study found that forest assets, including forested wetlands, within the NPCA jurisdiction exhibit carbon sequestration rates ranging from 0.25 to over 2.5 tonnes of carbon per ha annually. Carbon storage for forest assets within the NPCA watershed surpasses 1.3 tonnes, with a weighted average of approximately 261 tonnes per ha. Sequestration rates for non-forest assets were derived from literature and vary by asset type ranging from 0.3 to 2.16 tonnes carbon per ha. Natural assets also provide numerous additional ecosystem services such as nature-based recreation, air quality regulation, stormwater regulation, habitat preservation, and contribution to crop productivity. The report assessed these select ecosystem services delivered by natural assets within NPCA’s watershed. Using established methods and scientific literature, the value of the ecosystem services was estimated at $331 million to $463 million, annually. Nature-based recreation and stormwater regulation were identified as the most valuable services. It is important to note that the study only examined a subset of ecosystem services as noted and that the value is considered an underestimate of the true value of natural asset service provision. Supporting our Municipal Partners: Fort Erie Natural Asset Inventory Pilot Project As part of this watershed analysis project and through a collaborative approach with the Town of Fort Erie, NPCA staff led a Fort Erie natural assets inventory and assessment project to help the municipality fulfill the requirements of O. Reg. 588/17. Given the NPCA’s role in watershed-based natural resource management, most of the natural asset data was readily available and up to date. NPCA staff filled critical data gaps relating to urban street trees while other green infrastructure data were provided by the Town of Fort Erie. The Fort Erie natural asset project provides an evaluation of the municipality’s natural assets and their capacity to deliver services. The report showcases the inventory, condition, risks, level of services, ecosystem service valuations, and replacement costs associated with Fort Erie’s natural assets, which include various land covers such as forests, wetlands, and waterbodies. This information will help the Town of Fort Erie meet its asset management planning requirements for green infrastructure under O. Reg. 588/17. The final report was provided to municipal staff for incorporation into the Town’s asset management plan and approval by Council at their July 8, 2024 meeting. Page 592 of 735 Report No. FA-38-24 Watershed Natural Assets Analysis and Valuation Page 5 of 6 Next steps With the completion of the watershed natural assets analysis and valuation project, NPCA staff will continue to advance our work in this emerging field and will develop a workplan to: • Integrate natural asset information into NPCA asset management planning process and policies, as applicable. • Complete data collection at NPCA conservation areas to fill remaining data gaps related to enhanced assets, such as park, trees, and trails. • Determine best practices for data management and sharing. • Continue to collaborate with Conservation Ontario and other conservation authorities engaged in natural asset initiatives (i.e., Toronto & Region, Credit Valley, Halton Region, Lake Simcoe Region, and Ausable Bayfield) to support knowledge sharing and build a community of practice amongst Ontario’s Conservation Authorities and municipal partners in natural asset management. • Explore additional opportunities to support watershed municipalities, as appropriate, by providing natural asset inventory and valuation information. • Develop a program to update the watershed natural asset inventory as new data becomes available and conduct field-based condition assessment and risk assessments to detect changes over time, enabling proactive management and early identification of threats for timely intervention. Financial Implications: The Watershed Natural Assets Analysis and Valuation project was supported through the approved operational budgets. The NPCA entered a partnership with the Town of Fort Erie to complete the Fort Erie Natural Asset Inventory Pilot Project with cash and in-kind contributions from both partners. Links to Policy/Strategic Plan: Goal 2.3 – Lead the implementation of sustainable technologies and green infrastructure best practices for climate resiliency and sustainability. Goal 4.1 – strengthen government relations toward collective outcomes and impact Goal 6.3 – Improve asset management and close the state of good repair Related Reports and Appendices: Appendix 1: Final Report Niagara Peninsula Watershed Natural Asset Analysis & Valuation Appendix 2: Presentation by Amy Taylor, Green Analytics, Niagara Peninsula Watershed Natural Asset Analysis and Valuation Page 593 of 735 Report No. FA-38-24 Watershed Natural Assets Analysis and Valuation Page 6 of 6 Report No. FA-38-23 RE: Natural Assets Inventory and Management Initiative Co-Authored by: Original Signed by: Natalie Green, M.Sc., PMP, Manager, Climate Change & Special Programs Tara Gaade, Program Coordinator, Watershed Strategies & Climate Research Cathy Coverdale, CPA, CGA, Manager, Financial Services Reviewed by: Original Signed by: Leilani Lee-Yates Director, Watershed Strategies and Climate Change Submitted by: Original Signed by: Chandra Sharma, MCIP, RPP Chief Administrative Officer/Secretary-Treasurer Page 594 of 735 July 29, 2024 City of Hamilton Haldimand County Regional Municipality of Niagara Local Area Municipalities SENT ELECTRONICALLY Report No. FA-34-24 RE: Integrated Watershed Monitoring and Reporting At the Board of Directors meeting held on July 19, 2024, the following resolution was passed: Resolution No. FA-88-2024 Moved by: Stew Beattie Seconded by: Robert Foster THAT Report No. FA-34-24 RE: Integrated Watershed Monitoring and Reporting BE RECEIVED; AND THAT the Enhanced Integrated Watershed Monitoring Program and associated implementation recommendations BE ENDORSED; AND FURTHER THAT a copy of Report No. FA-34-24 RE: Integrated Watershed Monitoring and Reporting BE CIRCULATED to NPCA watershed municipalities for their information. A copy of Report No. FA-34-24 and associated appendices are enclosed for reference. The Watershed Monitoring & Reporting team invites those interested in learning more about the integrated watershed monitoring & reporting program to connect for further discussion. Please reach out via email at mdavis@npca.ca if there is interest in learning more. Sincerely, Melanie Davis Manager, Office of the CAO & Board Niagara Peninsula Conservation Authority 905.788.3135 ext. 250 cc: Chandra Sharma, CAO / Secretary – Treasurer Leilani Lee-Yates, Director, Watershed Strategies & Climate Change Josh Diamond, Manager, Watershed Monitoring & Reporting Page 595 of 735 Report No. FA-34-24 Niagara Peninsula Conservation Authority Enhanced Integrated Watershed Monitoring Program Page 1 of 7 Report To: Board of Directors Subject: Niagara Peninsula Conservation Authority Enhanced Integrated Watershed Monitoring Program Report No: FA-34-24 Date: July 19, 2024 ______________________________________________________________________________ Recommendation: THAT Report No. FA-34-24 RE: Niagara Peninsula Conservation Authority Enhanced Integrated Watershed Monitoring Program BE RECEIVED; AND THAT the Enhanced Integrated Watershed Monitoring Program and associated implementation recommendations BE ENDORSED; AND FURTHER THAT staff Report No. FA-34-24 RE: Niagara Peninsula Conservation Authority Enhanced Integrated Watershed Monitoring Program BE CIRCULATED to NPCA watershed municipalities for their information. Purpose: The purpose of this report is to provide an overview of the Niagara Peninsula Conservation Authority’s (NPCA) Enhanced Integrated Watershed Monitoring Program (IWMP) and obtain the endorsement of the Board of Directors for the program’s continued implementation. Background: NPCA’s 2021-2031 Strategic Plan identifies the need to address watershed data gaps to support evidence-based decision-making for climate-resilient watersheds. The Strategic Plan further establishes specific goals to: • Expand and enhance monitoring and associated tools to fill information gaps and research needs • Lead water quality (e.g., surface and groundwater) and quantity monitoring throughout the NPCA jurisdiction 2 of 85 Page 596 of 735 Report No. FA-34-24 Niagara Peninsula Conservation Authority Integrated Watershed Monitoring and Reporting Program Page 2 of 7 •Support municipal partners with watershed data collection and analysis to understand cumulative impacts •Develop a solid understanding of climate impacts and risks on NPCA watersheds Further, the Conservation Authorities Act and Ontario Regulation (O. Reg.) 686/21: Mandatory Programs and Services requires NPCA to develop a Watershed-based Resource Management Strategy that will need to be supported by an enhanced watershed monitoring program to address data gaps and support decisions for a healthy watershed. Work began in 2023, to develop an enhanced IWMP. Discussion: The "Niagara Peninsula Conservation Authority Enhanced Integrated Watershed Monitoring Program" document in Appendix 1, outlines the current monitoring and reporting programs run by the NPCA, either alone or with partners. It emphasizes programs essential for understanding watershed health and managing NPCA activities like hydrometry, water quality, ecology, regulatory compliance, community science, and restoration. The IWMP considers reorganizing and expanding monitoring efforts across various areas to better assess ecosystem health, gather data for NPCA programs, and continue to provide monitoring services to municipalities and other clients within the NPCA watershed jurisdiction. Beginning in 2023, the NPCA Watershed Monitoring and Reporting team led the following key activities to inform the development of the enhanced IWMP: •Inventory of existing NPCA monitoring programs; •Comprehensive NPCA monitoring gap analysis; •Formation of the internal Integrated Watershed Monitoring Program Advisory Group; •A facilitated session with the Integrated Watershed Monitoring Program Advisory Group and additional technical staff; •Municipal partner meetings; •Engagement with the NPCA Public Advisory Committee; and •Formation of an internal Project Intake Team. The objective of the NPCA enhanced IWMP is to comprehensively assess the ecological health and resilience of the watershed through monitoring initiatives, to inform evidence-based conservation and management strategies for the NPCA watershed. 3 of 85 Page 597 of 735 Report No. FA-34-24 Niagara Peninsula Conservation Authority Integrated Watershed Monitoring and Reporting Program Page 3 of 7 Integrated Watershed Monitoring Program Conceptual Model To support the IWMP's objective, a conceptual model has been developed that identifies three key Watershed Monitoring Program areas and four key Monitoring Support Systems that are further detailed in Appendix 2. The three Watershed Monitoring Areas are: 1. Long-Term Watershed Monitoring, 2. Corporate Support Services, and 3. Monitoring Service Provider. The four Monitoring Support Systems include: 1. Corporate Services, 2. Data Management and GIS 3. Communications, and 4. External Partnerships and Data. Within the purview of the IWMP are long-term monitoring initiatives encompassing water quantity, surface water, groundwater, terrestrial and watershed landscape components. These programs form the cornerstone of the NPCA’s monitoring efforts, providing crucial data for informed decision-making and environmental management. The Program also identifies internal monitoring needs, while also providing opportunities for external environmental monitoring services. Long-Term Watershed Monitoring and Reporting Program The goals of NPCA’s Long-Term Integrated Monitoring and Reporting Program area are: • To establish baseline conditions by understanding natural variability and ecological thresholds within the NPCA watershed; • To assess the temporal and spatial conditions of aquatic and terrestrial resources at various locations across the watershed compared to established baselines; and • To identify potential stressors and emerging threats that could be addressed through other programs. Monitoring Units for this Program include: 1. Surface Water Monitoring: Water chemistry, stream benthic macroinvertebrates and stream temperature, fish communities and fluvial geomorphology monitoring components. 2. Groundwater Monitoring: Water chemistry and water levels monitoring components. 3. Terrestrial Monitoring: Forest, wetland, and wildlife monitoring components. 4 of 85 Page 598 of 735 Report No. FA-34-24 Niagara Peninsula Conservation Authority Integrated Watershed Monitoring and Reporting Program Page 4 of 7 4. Hydrometric Monitoring: Water quantity and climate monitoring components. 5. Watershed Landscape Analysis: Watershed scale analysis of various landscape components to monitor changes over time. Components of the long-term watershed monitoring program are provincially mandated, such as the surface and groundwater Provincial Monitoring Networks implemented by the NPCA, and the hydrometric monitoring that supports NPCA’s flood forecast and warning system. Corporate Support Services Program The goal of the NPCA Corporate Support Service monitoring area is to provide monitoring services and expert advice for NPCA’s internal department programs and projects. Monitoring Units for this Program include: 1. Environmental Permissions: Required regulatory monitoring related to NPCA Conservation Area services and infrastructure. 2. Conservation Areas Beach Monitoring: Monitoring of bacterial (E. coli) at NPCA swimming areas at Long Beach and Chippawa Creek Conservation Areas. 3. Restoration Monitoring Program: Monitoring of restoration project progression after implementation for adaptive management options. 4. Conservation Area Management Plans: Range of environmental inventories and monitoring studies to inform Conservation Area Management Plans. 5. Conservation Area Lands Ecological Monitoring: Range of monitoring programs for Conservation Areas to assess a variety of management areas for NPCA properties. 6. Climate Change: Climate change affects all aspects of the NPCA watershed and can be monitored through a variety of watershed components and functions. 7. Low Impact Development Monitoring: Low Impact Development Monitoring program can track the effectiveness of LID measures on NPCA lands. 8. Community Science Monitoring: This program partners with citizens and NGOs to collect various environmental monitoring data. Monitoring Service Provider Program The goal of the NPCA Monitoring Service Provider Area is to provide environmental monitoring services to external partners within the Niagara Peninsula watershed. A wide range of environmental inventory and monitoring services can be made 5 of 85 Page 599 of 735 Report No. FA-34-24 Niagara Peninsula Conservation Authority Integrated Watershed Monitoring and Reporting Program Page 5 of 7 available, such as ecological, environmental permissions, climate change and LID performance monitoring. Current projects include the Niagara Region surface water chemistry, City of Hamilton Glanbrook Landfill Bioassessment, and Hamilton International Airport Bioassessment. Program Implementation The “Niagara Peninsula Conservation Authority Enhanced Integrated Watershed Monitoring Program” document includes several recommendations to implement the Program. Each recommendation is accompanied by actions to be implemented by 2031. These recommendations are: • Recommendation 1: That the NPCA prioritize and enhance the Long-Term Watershed Monitoring program within the IWMP, as it is essential for understanding and managing ecosystems, supporting scientific research, conservation initiatives, and inform decision-making to ensure ecosystem resilience against ongoing environmental changes. • Recommendation 2: That the NPCA will continue to regularly report results of its environmental monitoring programs in an understandable and accessible format to support decision-making by the NPCA and its partners to enhance watershed health and community awareness. • Recommendation 3: That the NPCA ensures the IWMP has a robust Corporate Support Services Monitoring Area to incorporate internal monitoring components through collaboration, optimize resource allocation, and better define the scope and capacity of crucial monitoring programs and projects across multiple departments and divisions. • Recommendation 4: That the NPCA will continue to increase the capacity of its monitoring and inventory services within the IWMP to enable NPCA to become a comprehensive environmental monitoring provider for watershed partners, including municipalities, provincial and federal agencies, and private companies. • Recommendation 5: That the NPCA will continue to collaborate with municipal and community partners, agriculture, academia, and indigenous communities moving forward. 6 of 85 Page 600 of 735 Report No. FA-34-24 Niagara Peninsula Conservation Authority Integrated Watershed Monitoring and Reporting Program Page 6 of 7 • Recommendation 6: That the NPCA will continue to explore efficiencies and innovations to continuously improve the IWMP. A Watershed-based Resource Management Strategy is to be developed by the end of 2024, as required under the Conservation Authorities Act and O. Reg. 686/21: Mandatory Programs and Services. The enhanced IWMP will be an integral part of the Watershed-based Resource Management Strategy. Financial Implications: There are no current financial implications associated with the preparation of the "Niagara Peninsula Conservation Authority Enhanced Integrated Watershed Monitoring Program" document. Further program development and scoping will be accounted for in future budgets, supported by a long-term budget plan guided by the Watershed-based Resource Management Strategy. Specialized monitoring services for municipalities and external stakeholders will be on a fee-for-service basis based on a Board-approved fee schedule. Links to Policy/Strategic Plan: The NPCA 2021-2031 Strategic Plan has identified an Integrated Watershed Monitoring Program as a critical priority to help achieve the goals outlined under the Healthy and Climate Resilient Watersheds strategic priority. The IWMP further advances the following additional goals in the 2021-2031 Strategic Plan: Goal 3.1 – Create equitable access to greenspace for the health and well-being of people. Goal 3.2 – Lead nature education, environmental stewardship, and volunteerism. Goal 4.1 – Strengthen government relations toward collective outcomes and impact. Goal 4.3 – Improve engagement with local First Nations, Métis, and Inuit peoples that support shared stewardship. Goal 5.2 – Improve internal operations and processes. Goal 6.2 – Optimize self-generating revenue using innovative approaches. The program supports NPCA’s vision of “Nature for all” that envisions a healthy and vibrant environment with shared greenspace and clean water that sustains life for future generations. Related Reports and Appendices: Appendix 1: Niagara Peninsula Conservation Authority Enhanced Integrated Watershed Monitoring Program (Draft) 7 of 85 Page 601 of 735 Report No. FA-34-24 Niagara Peninsula Conservation Authority Integrated Watershed Monitoring and Reporting Program Page 7 of 7 Appendix 2: Niagara Peninsula Conservation Authority Enhanced Integrated Watershed Monitoring Program Conceptual Model Authored by: Original Signed by: Joshua Diamond, M.Sc. C. Tech. Manager, Watershed Monitoring and Reporting Reviewed by: Original Signed by: Leilani Lee-Yates, BES, MSPL.RPD, MCIP, RPP Director, Watershed Strategies and Climate Change Interim Director, Planning and Development Submitted by: Original Signed by: Chandra Sharma, MCIP, RPP Chief Administrative Officer/Secretary-Treasurer 8 of 85 Page 602 of 735 Niagara Peninsula Conservation Authority Enhanced Integrated Watershed Monitoring Program July 19, 2024 www.npca.ca 9 of 85 Page 603 of 735 LAND ACKNOWLEDGEMENT The Niagara Peninsula watershed is situated within the traditional territory of the Haudenosaunee, Attiwonderonk (Neutral), and the Anishinaabeg, including the Mississaugas of the Credit many of whom continue to live and work here today. This territory is covered by the Upper Canada Treaties (No. 3, 4, and 381) and is within the land protected by the Dish with One Spoon Wampum agreement. Today, the watershed is home to First Nations, Metis, and Inuit. Through the NPCA’s strategic plan, the NPCA re-confirms its commitment to shared stewardship of natural resources and deep appreciation of Indigenous culture and history in the watershed. PROJECT ACKNOWLEDGEMENTS Technical input and information by provided by several staff at the Niagara Peninsula Conservation Authority was instrumental to the completion of this document and their efforts are gratefully acknowledged: Eric Augustino Eric Baldin David Deluce Carly Fazekas Kim Frohlich Tara Gaade Steve Gillis Natalie Green Ryan Kitchen Leilani Lee-Yates Megan Lalli Carly Mason Steve Miller Amy Parks Tom Proks Geoffrey Verkade Additional input from the NPCA Public Advisory Committee is also acknowledged. The NPCA would also like to thank Andrea Dunn (Conservation Halton), Lesley McDonell (Hamilton Conservation Authority), Jon Nodwell (Credit Valley Conservation Authority) and Lyndsay Cartwright and Sue Hayes (Toronto and Region Conservation Authority) for meeting, sharing resources and discussing their monitoring programs with our staff. To be cited as: Niagara Peninsula Conservation Authority. 2024. Niagara Peninsula Conservation Authority Enhanced Integrated Watershed Monitoring Program. Thorold Ontario. 76 pages. 10 of 85 Page 604 of 735 July 19, 2024 NPCA ENHANCED INTEGRATED WATERSHED MONITORING PROGRAM Niagara Peninsula Conservation Authority 3 CONTENTS LAND ACKNOWLEDGEMENT ........................................................................................................ 2 PROJECT ACKNOWLEDGEMENTS ............................................................................................... 2 TABLE OF ACRONYMS .................................................................................................................. 5 1.0 INTRODUCTION ........................................................................................................................ 7 2.0 CURRENT NPCA MONITORING PROGRAMS ......................................................................... 9 2.1 NPCA Hydrometric Monitoring Network .................................................................................. 9 2.2 Surface Water Quality Monitoring Program ........................................................................... 10 2.3 NPCA Groundwater Monitoring Program .............................................................................. 20 2.4 NPCA Ecological Monitoring Program .................................................................................. 24 2.5 NPCA Restoration Program Monitoring................................................................................. 26 2.6 Environmental Permissions................................................................................................... 27 2.7 Stewardship and Community Science Monitoring ................................................................. 29 3.0 INTEGRATED WATERSHED MONITORING PROGRAM ....................................................... 30 3.1 Background: Integrated Watershed Monitoring ..................................................................... 30 3.2 The Rationale for an NPCA Integrated Watershed Monitoring Program ................................ 30 3.3 Integrated Watershed Monitoring Program Advisory Group .................................................. 34 3.4 Overview of NPCA’s Integrated Watershed Monitoring Program .......................................... 35 4.0 NPCA LONG-TERM MONITORING AND REPORTING PROGRAM ....................................... 37 4.1 Program Goal ....................................................................................................................... 39 4.2 Data Management ................................................................................................................ 49 4.3 Long-Term Monitoring Reporting .......................................................................................... 52 5.0 CORPORATE SUPPORT SERVICES...................................................................................... 55 5.1 Program Goal ....................................................................................................................... 55 6.0 MONITORING SERVICE PROVIDER ...................................................................................... 61 6.1 Program Goal ....................................................................................................................... 61 6.2 Monitoring Provider Services Project Intake Process ............................................................ 62 7.0 Integrated Watershed Monitoring Program Implementation ...................................................... 65 7.1 Financial Considerations ....................................................................................................... 66 7.2 Standard Operating Procedures ........................................................................................... 68 11 of 85 Page 605 of 735 July 19, 2024 NPCA ENHANCED INTEGRATED WATERSHED MONITORING PROGRAM Niagara Peninsula Conservation Authority 4 7.3 Training................................................................................................................................. 68 7.4 Indigenous Knowledge .......................................................................................................... 69 8.0 RECOMMENDATIONS AND CONCLUSION ........................................................................... 70 8.1 Recommendations ................................................................................................................ 70 8.2 Conclusion ............................................................................................................................ 73 9.0 REFERENCES ......................................................................................................................... 74 12 of 85 Page 606 of 735 July 19, 2024 NPCA ENHANCED INTEGRATED WATERSHED MONITORING PROGRAM Niagara Peninsula Conservation Authority 5 TABLE OF ACRONYMS BioMAP Bioassessment of Water Quality CLI-ECA Consolidated Linear Infrastructure Environmental Compliance Approval CCME Canadian Council of Ministers of the Environment CO Conservation Ontario CVC Credit Valley Conservation Authority ECAs Environmental Certification Approvals ECCC Environment Climate Change Canada ELC Ecological Land Classification EMAN Ecological Monitoring and Assessment Network GIS Geographic Information System HIA Hamilton Internation Airport IWMP Integrated Watershed Monitoring Program IT Information technology LID Low Impact Development MECP (Ontario) Ministry Environment Conservation and Parks MOU Memorandums of Understanding NAI Natural Areas Inventory NGO Non-Governmental Organization OBBN Ontario Benthos Biomonitoring Network OGS Ontario Geological Survey 13 of 85 Page 607 of 735 July 19, 2024 NPCA ENHANCED INTEGRATED WATERSHED MONITORING PROGRAM Niagara Peninsula Conservation Authority 6 OSAP Ontario Stream Assessment Protocol NPCA Niagara Peninsula Conservation Authority PCBs Polychlorinated Biphenyls PFAS Per - and polyfluoroalkyl substances PTTW Permit to Take Water PWQMN Provincial Water Quality Monitoring Network PWQO Provincial Water Quality Objectives RGA Rapid Geomorphic Assessments RMN Regional Municipality of Niagara SLAs Service-Level Agreements SOP Standard Operating Procedures TRCA Toronto and Region Conservation Authority WSC Water Surveys Canada YSI Yellow Springs Instruments 14 of 85 Page 608 of 735 July 19, 2024 NPCA ENHANCED INTEGRATED WATERSHED MONITORING PROGRAM Niagara Peninsula Conservation Authority 7 1.0 INTRODUCTION The Niagara Peninsula Conservation Authority (NPCA) is developing a new comprehensive Integrated Watershed Monitoring Program (IWMP) in accordance with the 2021-2031 Strategic Plan. Under the strategic priority, “Healthy and Climate Resilient Watersheds,” Goal 1.1 – Support evidence-based decision-making for climate-resilient watersheds and shorelines, several actions related to integrate watershed monitoring are identified. The achieve Goal 1.1, the NPCA will: • Expand and enhance monitoring and associated tools to fill information gaps and research needs • Lead water quality (e.g., surface and groundwater) and quantity monitoring throughout the NPCA jurisdiction • Support municipal partners with watershed data collection and analysis to understand cumulative impacts • Develop a solid understanding of climate impacts and risks on NPCA watersheds The performance indicator for Goal 1.1 is a robust data collection program established by 2023 and data gaps filled by 2026. Several metrics are included such as the number and types of data gaps identified (gap analysis), percentage of priority data collection gaps filled and number of surface water and groundwater samples. Work began in 2023, to develop the IWMP to achieve the actions for Goal 1.1 and position NPCA as a leader and partner of choice for collecting, analyzing and reporting on watershed data that supports evidence-based decision making for climate-resilient watersheds and shorelines. 15 of 85 Page 609 of 735 July 19, 2024 NPCA ENHANCED INTEGRATED WATERSHED MONITORING PROGRAM Niagara Peninsula Conservation Authority 8 This “Niagara Peninsula Conservation Authority Enhanced Integrated Watershed Monitoring Program” document first describes monitoring and reporting programs currently implemented by the NPCA, either independently or through partnerships. It highlights the monitoring programs fundamental to the understanding of watershed health and informing the management of internal NPCA programs such as hydrometry, water quality, ecology, stewardship and community science, regulatory compliance, and restoration. This document contains expanded monitoring program considerations across several disciplines to allow for a more complete evaluation of ecosystem integrity, data capture for internal NPCA programs, and monitoring services for the municipalities and other clients within the NPCA jurisdiction. These range from short to long-term monitoring initiatives depending on the program. This transition to an integrated approach stresses a focused commitment to robust long-term monitoring initiatives across a variety of monitoring components that can more accurately identify watershed trends. Understanding these trends leads directly to changes in how the NPCA and its watershed partners manage and address impacts to watershed health. The IWMP will support the NPCA’s “Nature for all” vision of a healthy and vibrant environment with shared greenspace and clean water that sustains life for future generations. 16 of 85 Page 610 of 735 July 19, 2024 NPCA ENHANCED INTEGRATED WATERSHED MONITORING PROGRAM Niagara Peninsula Conservation Authority 9 2.0 CURRENT NPCA MONITORING PROGRAMS NPCA’s existing monitoring programs were implemented to support the delivery of programs and services that further the conservation, restoration, development, and management of natural resources in NPCA’s watersheds, and vary in terms of scope and scale based on their intended purpose. The NPCA’s monitoring programs have become an essential tool for flood risk protection, assessing the health of ecosystems, protecting biodiversity, evaluating the state of our watersheds, and promoting sustainable practices. These programs contribute valuable data for informed decision-making, policy development, and community engagement in environmental conservation efforts. Details regarding current monitoring programs that the NPCA administers are found in forthcoming sections. 2.1 NPCA Hydrometric Monitoring Network 2.1.1 Overview The NPCA is responsible for managing and protecting watersheds, including addressing flood risks. On January 1, 2022, Ontario Regulation 686/21: Mandatory Programs and Services (O. Reg. 686/21) was implemented under the Conservation Authorities Act, requiring Conservations Authorities to provide programs and services related to the risk of natural hazards, including flood forecast and warning, and the management of water and erosion control structures that the Conservation Authority owns. The NPCA’s Hydrometric Monitoring Program involves several key components: 1) Hydrometric Monitoring: Monitoring weather conditions, river levels, and other hydrological parameters is crucial for early detection of potential flood events. This monitoring is often done in real-time, and the data collected helps authorities make informed decisions. 2) Forecasting and Warning Systems: The objective of this program is to provide the delivery of timely and accurate flood forecasting information to the public, municipalities, first responders, and the media. Should conditions require that the NPCA issue a Flood Warning bulletin, the NPCA posts these messages on the NPCA website, social media platforms, and via email directly to municipalities, first responders, and the media. In the future, the NPCA would like to further develop forecasting models that predict potential flood events based on weather forecasts, river gauging, and other relevant data. These models will assist with issuing timely warnings to communities at risk, allowing for preparedness and evacuation measures. 3) Community Outreach and Education: Many programs include initiatives to educate the public about flood risks, emergency preparedness, and the importance of following evacuation plans. Public awareness campaigns contribute to community resilience and response during flood events. 17 of 85 Page 611 of 735 July 19, 2024 NPCA ENHANCED INTEGRATED WATERSHED MONITORING PROGRAM Niagara Peninsula Conservation Authority 10 4) Infrastructure Management: NPCA maintains infrastructure designed to manage water flow, such as dams. Regular monitoring, maintenance and upgrades are essential to ensure the effectiveness of these structures. 5) Collaboration with Emergency Services: NPCA often collaborates with emergency services, municipalities, and other relevant agencies to coordinate response efforts during flood events. 2.1.2 Monitoring Components The first gauging of streams in the NPCA watershed in the 1950’s was established by Environment Canada’s Water Survey Division to quantify water resources. Over the years additional stream/river water level gauges were first added by Environment Canada and later by the NPCA. The NPCA modernized its Hydrometric Monitoring Network to include weather stations (rainfall, air temperature, wind speed and direction, soil moisture, barometric pressure, and solar radiation) and snow surveys (snow depth and water equivalent) (OMNR, 1985) across the NPCA watershed. All water quantity stations are shown in Figure 1 and summarized in Table 1. 2.1.3 Data Management NPCA Hydrometric Monitoring Network produces a large volume of stream level and climate data and currently stores this information in two separate databases. One is the WISKI Database, and the other is in the NPCA’s SQL server. Staff are transitioning to process where data is configured and posted to Conservation Ontario’s Web data viewer portal (https://co-opendata-camaps.hub.arcgis.com/) and Upper Thames River Conservation Authority Web data portal. 2.1.4 Program Reporting The NPCA’s Hydrometric Program is an integral component of the Flood Forecasting and Warning system, and its reporting requirements are those prescribed under regulation (O. Reg. 686/21). These reporting requirements include issuing flood messages to the municipalities and media within their jurisdiction as per respective flood message distribution lists. These messages are the result of NPCA staff providing on-going analysis and knowledge of current and forecasted local watershed and river conditions and flood potential within watershed jurisdiction. The NPCA provides near real-time hydrometric data to the public by posting to NPCA website (https://npca.ca/watershed-health#flooding- stream-flow-monitoring). Data can be observed or downloaded from the NPCA webpage. 2.2 Surface Water Quality Monitoring Program 2.2.1 Overview The NPCA’s Water Quality Monitoring Program focuses on the water quality conditions of streams, rivers, and water features of NPCA’s watershed and Conservation Areas. Surface water quality monitoring within the NPCA watershed jurisdiction started with Ontario Ministry Environment Conservation and Parks (MECP) and the City of St. Catharines through the Provincial Water Quality Monitoring Network (PWQMN) dating back to the 1960s and 1970s. NPCA was involved in numerous 18 of 85 Page 612 of 735 July 19, 2024 NPCA ENHANCED INTEGRATED WATERSHED MONITORING PROGRAM Niagara Peninsula Conservation Authority 11 water quality related initiatives with its watershed partners but did not have a dedicated monitoring program until 2001, when the NPCA Water Quality Monitoring Program was initiated. The NPCA has since established an extensive network of monitoring stations located throughout its watershed jurisdiction with the purpose of gathering long-term data to assess the ambient water quality in local watersheds using a network of chemical and biological monitoring stations. The data collected contributes to the protection of aquatic ecosystems and public health. This monitoring also provides a high-level characterization of existing conditions on a watershed scale and allows for the identification of potential water quality issues in reference to the existing land uses present within the watershed. This network represents the largest and most comprehensive water quality monitoring program in the Niagara Peninsula. The NPCA monitoring network is operated in partnership with the MECP through the PWQMN, Regional Municipality of Niagara (RMN), Haldimand County and City of Hamilton. The NPCA's surface water monitoring program has been designed with flexibility in mind, enabling it to seamlessly integrate new monitoring initiatives. These include sampling programs to monitor contaminants of concern within the watershed, utilization of in-situ water quality datalogger technology, and the provision of fee-for-service biological monitoring services. The NPCA Surface Water Quality Program is summarized in Table 2. 19 of 85 Page 613 of 735 Figure 1. Current NPCA Climate and Hydrometric Network 20 of 85Page 614 of 735 Table 1: Summary of the NPCA the current Hydrometric Monitoring Network. NPCA Monitoring Programs Monitoring Components Support Programs Program Purpose Hydrometric Monitoring Network (Water Quantity and Climate) (2009-present)  Water Level (19 Stations) & Flow (7 Stations)  Snow Surveys (7 Stations)  Air Temperature (7 Stations)  Precipitation (11 Stations)  Wind Conditions (7 Stations)  Relative Humidity (2 Stations) Water Surveys Canada (WSC) and Niagara Region 1) Watershed Management 2) Flood Forecasting and Warning 3) Climate Change Monitoring 4) Water Budgets (Source Water Protection and Development Applications) 5) Ontario Low Water Program 21 of 85Page 615 of 735 Figure 2: NPCA Surface Water Monitoring Network Program Stations 22 of 85Page 616 of 735 Figure 3. NPCA Conservation Area Properties 23 of 85Page 617 of 735 Table 2: Summary of NPCA Surface Water Quality Monitoring Program. NPCA Monitoring Program Monitoring Components Support Programs Program Purpose Surface Water Quality Monitoring Program (2001-present)  Surface Water Chemistry (83 Stations)  Benthic Macroinvertebrate Communities (65 Stations)  In Situ-Water Quality Sensors (6 Stations)  Stream Water Temperature (9-12 Stations)  Special Contaminates Polychlorinated Biphenyls (1 Station) and Per- Polyfluoroalkyl (1 Station)  Fluvial Geomorphology (40 Stations) Ministry of Environment, Conservation and Parks (MECP)-Provincial Surface Water Quality Monitoring Program (PWQMN) 1) Watershed Management 2) Ambient Watershed Surface Water Chemistry 3) Conservation Area Surface Water Quality 4) Twelve Mile Creek Polychlorinated Biphenyls Monitoring 5) Lake Niapenco Per and Polyfluoroalkyl Substances Monitoring 6) Municipal Landfill Monitoring 7) Hamilton Airport Bioassessment 8) Coldwater Watershed Monitoring 9) Climate Change Monitoring 24 of 85Page 618 of 735 July 19, 2024 NPCA ENHANCED INTEGRATED WATERSHED MONITORING PROGRAM Niagara Peninsula Conservation Authority 17 2.2.2 Monitoring Components Ambient Watershed Surface Water Chemistry As of 2023 the NPCA Surface Water Chemistry Program currently monitors surface water quality at 83 stations (13 PWQMN & 70 NPCA) across 52 watersheds (Figure 2). Surface water samples are collected monthly eight times each year during the ice-free season and analyzed for several parameters including nutrients, metals, bacteria, suspended solids, and general chemistry using PWQMN sampling protocols (MECP, 2020). The NPCA’s surface chemical monitoring program is supported in partnership with MECP (PWQMN) and the Niagara Region. Since 2019, additional winter surface water sampling is made available through the MECP at PWQMN monitoring stations. Biological Monitoring Benthic Macroinvertebrates The NPCA monitors benthic macroinvertebrates communities as a biological indicator of water quality conditions and overall health of a waterbody because they are sensitive to pollution and human disturbance. For the NPCA’s benthic invertebrate monitoring program, samples are collected at 20-25 water quality stations yearly with every accessible surface water station being sampled once every 3 years (Figure 2). From 1996 to 2016 the NPCA used the Bioassessment of Water Quality (BioMAP) protocol (Griffiths 1999) for sample collection. In 2017, the NPCA transitioned to the Ontario Benthos Biomonitoring Network (OBBN) sampling protocol (Jones et al. 2006). In-Situ Stream Monitoring Program Since 2014, the NPCA has deployed in-situ water quality monitoring probes at several key stations used with the watershed. These probes have various water quality sensors like pH, temperature, conductivity, dissolved oxygen, and turbidity. Data from these sensors are logged hourly and are downloaded at monthly intervals. Since 2017, the NPCA has integrated six EXO Yellow Springs Instruments (YSI) water quality monitoring probes with 5 NPCA hydrometric stations and 1 at Lake Niapenco. Conservation Areas Surface Water Quality Monitoring Program The NPCA Water Quality Monitoring Program was expanded in 2017 to include the waterbodies of the Conservation Areas: Chippawa Creek, Jordan Harbour, Lake Niapenco, Mud Lake, St. John’s Pond, Virgil Reservoir, Wainfleet Wetlands and Wainfleet Bog (Figure 3). Water samples are collected quarterly or seasonally during the year and analyzed for general chemistry, nutrients, metals, and bacteria. Conservation Areas Beach Monitoring Program In 2020, the NPCA initiated a Beach Monitoring Program at Long beach Conservation and Chippawa Creek Conservation Areas. This program replaced Niagara Public Health’s Beach Monitoring Program. NPCA collects water quality sampling for bacterial (E. coli) counts every other week during the warmer 25 of 85 Page 619 of 735 July 19, 2024 NPCA ENHANCED INTEGRATED WATERSHED MONITORING PROGRAM Niagara Peninsula Conservation Authority 18 months, typically beginning in June, and through July and August Ontario (Ministry of Health 2019). The sampling is conducted at Long beach Conservation and Chippawa Creek Conservation Areas. After laboratory analysis, the NPCA posts most recent sampling data available on its webpage (https://npca.ca/parks-recreation/beach-conditions). The data collected through this program is not used to identify public health risk when swimming in natural water bodies but is used to determine long- term trends in the water quality at NPCA swimming areas over time. Stream Water Temperature Monitoring The focal point of this monitoring program is the upper Twelve Mile Creek watershed. This portion of the watershed contains the last remaining coldwater streams in the NPCA watershed. Coldwater streams are fed by groundwater, and they are characterized by sustained cold water temperatures year- round. These ecosystems support a unique aquatic community adapted for coldwater conditions and significant warming can impact coldwater species from these watersheds. Since 2013, the NPCA initiated a dedicated temperature monitoring program using a network of temperature dataloggers to identify and classify the thermal regime for the Twelve Mile Creek surface water sampling stations and identify any changes that may have occurred to the thermal stability of this watershed. Per and Polyfluoroalkyl Substances Monitoring Lake Niapenco Since 2012, the NPCA has been monitoring for Per - and polyfluoroalkyl substances (PFAS) in Lake Niapenco. PFAS were found in the plasma of snapping turtles at Lake Niapenco in 2009 and 2010 by an Environment Canada and Climate Change (ECCC) scientist as part of an organic toxins’ accumulation study (de Solla et al. 2012). PFAS track down studies by MECP confirmed the presence of PFAS in Lake Niapenco and identified John C. Munro International Airport as the source of the contamination. The NPCA PFAS monitoring program consists of a single sample collected within Lake Niapenco in late June near the Conservation Area’s beach area which provides data on the current PFAS concentrations within the lake. Lower Twelve Mile Creek Polychlorinated Biphenyls Monitoring Program In 2020, MECP and City of St. Catharines had been investigating potential offsite impacts on surface water of Twelve Mile Creek from a former industrial area. To support agency partners, the NPCA has developed a Polychlorinated Biphenyls (PCBs) sampling program that was initiated in September 2020. This program was designed to measure ambient water quality conditions upstream and downstream of the former industrial plant on 12 Mile Creek. This program included enhanced monitoring at the PWQMN station and reactivating a former monitoring site. Data from this program is sent quarterly to the City of St. Catharines and MECP staff. 26 of 85 Page 620 of 735 July 19, 2024 NPCA ENHANCED INTEGRATED WATERSHED MONITORING PROGRAM Niagara Peninsula Conservation Authority 19 Glanbrook Landfill Biomonitoring Program At the request of the Glanbrook Landfill Committee, the City of Hamilton contracts the NPCA biennially (since 1996) to monitor macroinvertebrates upstream and downstream of the Glanbrook Landfill to assess any landfill impacts to the adjacent watercourses. The NPCA collects samples in the spring and fall of each monitoring year and a report is provided to the City of Hamilton and the Glanbrook Landfill Committee. Hamilton Airport Biomonitoring Program The Hamilton International Airport (HIA) contracts the NPCA to monitor macroinvertebrates in two watercourses that drain from the HIA property. The goal of this program is to determine if stormwater runoff and de-icing fluids such as propylene glycol are impacting surface water quality in two headwater tributaries of the Welland River. The NPCA has been collecting samples in the spring and fall of each since 1998 and the NPCA generates a separate report annually for the HIA for their exclusive information and use. 2.2.3 Data storage The NPCA’s Surface Water Quality Monitoring Program produces a large volume of data that includes stream water chemistry, benthic macroinvertebrate, geomorphological, and time series data through various water quality logger technology. The NPCA utilized several database options to manage these data. The NPCA uses an internal Microsoft Access database to store stream water chemistry data and Excel Database to store logger files. In addition, this program also uses KiWQM and KiECO, which are database management tools from KISTERS which stores both stream benthic macroinvertebrate and water chemistry data. NPCA staff can access the PWQMN data through MECP’s Lab Online portal. The public can access PWQMN through the province’s Open Data portal (https://data.ontario.ca/dataset/provincial-stream-water-quality-monitoring-network). 2.2.4 Reporting The reporting of surface water quality is a mandated component of the NPCA’s water quality monitoring program. The reporting component of the surface water quality data is implemented through the NPCA’s water quality monitoring report that is published on an annual basis. This annual reporting uses both Provincial and Federal environmental thresholds such as the Provincial Water Quality Objectives (OMOE 1994) and Canadian Water Quality Guidelines (CCME 2011) and summarizes water chemistry data using the Canadian Water Quality Index (CCME 2001) and the Hilsenhoff Family Biotic Index (Hilsenhoff 1987). In addition, the annual reporting includes the NPCA’s expanded surface monitoring programs such as in-situ water quality monitoring by data logger technologies and monitoring results of contaminants of concern. This product is published onto the NPCA webpage (https://npca.ca/watershed-health#water-quality-monitoring). The NPCA also participates with Conservation Ontario’s Watershed Report Initiative and a portion of data from this program summarized 27 of 85 Page 621 of 735 July 19, 2024 NPCA ENHANCED INTEGRATED WATERSHED MONITORING PROGRAM Niagara Peninsula Conservation Authority 20 as part of Watershed Report Card (Conservation Ontario 2022) every 5 years (https://npca.ca/watershed-health#report-cards). 2.3 NPCA Groundwater Monitoring Program 2.3.1 Overview The NPCA Groundwater Monitoring Network comprises of two parts. The first part is the Provincial Groundwater Monitoring Network (PGMN) which is a partnership between the MECP and the Conservation Authorities of Ontario. The PGMN was initiated in 2001 and is a province-wide groundwater monitoring program designed to collect long-term baseline data on groundwater quantity and quality in special areas of interest. The PGMN program has allowed for an accurate assessment of current groundwater conditions and provides information for making sound land use planning decisions. The information collected through the PGMN serves the critical need for baseline groundwater data in the NPCA watershed. Groundwater is monitored through a network of 15 PGMN monitoring wells located throughout the NPCA watershed in locally significant hydrogeological areas. The PGMN program allows for an accurate assessment of current groundwater conditions. It provides an early warning system for changes in water levels or in water quality and provides information for making sound land use planning decisions. The information collected serves the critical need for baseline groundwater data in the region. In 2014 and 2015, the NPCA expanded its groundwater monitoring through a partnership with the Ontario Geological Survey (OGS). Thirty-one monitoring wells were installed at 23 different locations across the NPCA watershed at the top of bedrock in an aquifer zone commonly known as the Contact-Zone Aquifer (Figure 4). Three of 23 locations have a set of nested monitoring wells installed at various depths within the overburden sediments. The NPCA Groundwater Quality Program is summarized in Table 3. 2.3.2 Monitoring Components Groundwater Levels The NPCA’s Groundwater Monitoring Network measures groundwater levels in the major aquifers within the NPCA watershed. Groundwater monitoring wells are instrumented with Solinst Leveloggers which are water level dataloggers that use an absolute pressure sensor to detect the depth (or pressure) of water above the logger. These data loggers record groundwater levels hourly and are downloaded by staff 2 to 4 times per year. Groundwater level data files are corrected for barometric pressure from Solinst barologger. In addition, manual static water level measures are also taken to verify and correct water level data. These data assist the NPCA with characterizing the ambient groundwater conditions across the NPCA watershed. 28 of 85 Page 622 of 735 July 19, 2024 NPCA ENHANCED INTEGRATED WATERSHED MONITORING PROGRAM Niagara Peninsula Conservation Authority 21 Groundwater Chemistry Since 2002, the NPCA has been collecting groundwater samples annually in the fall for PGMN monitoring wells. In 2022, sampling was expanded to include the sampling of overburden wells in the spring. NPCA staff use a variety of groundwater pump technologies to collect water samples that follow the MECP sampling protocol. Groundwater samples are submitted and analyzed at the MECP laboratory for general chemistry, nutrients, and metals. For the NPCA’s expanded groundwater monitoring network, samples are collected annually in the fall using a protocol developed by the NPCA hydrogeology staff. Groundwater samples collected from these wells are sent to a lab for analysis. 2.3.3 Data storage The NPCA’s Groundwater Monitoring Program produces a large volume of data that includes hourly groundwater level data and water chemistry data. The NPCA utilized several database options to manage these data. For PGMN, the MECP has uses WISKI, a database management tool from KISTERS which stores both groundwater level and water chemistry data. NPCA staff can access the PGMN data through the province’s ONE KEY portal. In addition, PGMN data can also be accessed by the public through a website (https://www.ontario.ca/page/map-provincial-groundwater-monitoring- network). The NPCA also stores the PGMN water chemistry data with an internal Microsoft Office Access database. The NPCA stores non-PGMN groundwater data that includes groundwater levels and water chemistry data on an NPCA KISTERS WISKI database. 2.3.4 Reporting The reporting of groundwater data is a mandated component of the NPCA’s water quality monitoring program. The reporting component of the groundwater data is implemented through the NPCA’s annual water quality monitoring reports. The annual report presents groundwater data using charts that show groundwater level data for the entire time record for each monitoring well in the program. In addition, groundwater chemistry data compared against Ontario Drinking Water Standards (MOE 2003) and is summarized in the NPCA’s annual report (NPCA 2024). This product is published onto the NPCA webpage (https://npca.ca/watershed-health#water-quality-monitoring). The NPCA also participates with Conservation Ontario’s Watershed Report Initiative and a portion of data from this program summarized as part of Watershed Report Card every 5 years (https://npca.ca/watershed-health#report-cards. 29 of 85 Page 623 of 735 Figure 4. NPCA Groundwater Monitoring Network Program Stations 2023 30 of 85Page 624 of 735 Table 3: Summary of NPCA Groundwater Quality Monitoring Program NPCA Monitoring Program Monitoring Components Support Programs Program Purpose Groundwater Monitoring Program (2002-present)  Groundwater Chemistry (36 Stations)  Groundwater Levels (46 Stations) Ministry of Environment, Conservation and Parks (MECP)-Provincial Groundwater Monitoring Program (PGMN) 1) Watershed Management 2) Ontario Low Water Program (groundwater) 3) Ambient Watershed Ground Water Quality 4) Ambient Watershed Ground Water Quantity 5) Climate Change Monitoring 6) Water Budgets and Resource Assessment 31 of 85Page 625 of 735 July 19, 2024 NPCA ENHANCED INTEGRATED WATERSHED MONITORING PROGRAM Niagara Peninsula Conservation Authority 24 2.4 NPCA Ecological Monitoring Program 2.4.1 Overview The NPCA manages 41 Conservation Areas (Figure 3) within the Niagara Peninsula watershed and includes forests, wetlands, areas of natural and scientific interest, recreational lands, natural heritage, and cultural sites, as well as land for flood and erosion control. The forests, wetlands, and other natural features and ecosystems found within the NPCA’s Conservation Areas protect and improve water quality and quantity, reduce flooding, act as drinking water sources, and provide habitats for a wide range of wildlife, fish, and birds. Ecological monitoring of NPCA’s Conservation Areas informs our ecological restoration efforts, helps to identify areas that require management activities, and assists with maintaining biodiversity on our NPCA properties, which can help to prevent and reduce the harmful impacts of climate change. The NPCA has developed several ecological monitoring programs for its Conservation Areas to assess a variety of management areas. 2.4.2 Monitoring Components The Ecological Monitoring Program consists of a variety of flora, fauna, ecosystem, and groundwater components established throughout the NPCA’s 41 Conservation Areas. These programs are summarized in Table 4. 2.4.3 Data storage The NPCA’s Ecological Monitoring Program’s datasets are complex and contain a variety of species lists, population, and observation data. This program also generates large volumes of logger data associated with groundwater monitoring and bat monitoring files. For data storage and maintenance staff use Microsoft Excel databases. Staff have also developed a data dictionary ensuring information can be accessed by all staff. Data can be accessed by partners and the public through data requests to NPCA staff. 2.4.4 Reporting The NPCA’s Ecological Monitoring Program produces technical ecological reports and summaries related to Conservation Area land management and monitoring programs as required. These reports are not currently published publicly, however, data can be requested through NPCA staff. Monitoring and inventory results may also be used to support watershed and subwatershed planning and research initiatives. 32 of 85 Page 626 of 735 Table 4: Summary of NPCA Conservation Areas Ecological Monitoring Program NPCA Monitoring Program Monitoring Components Support Programs Program Purpose Conservation Areas Ecological Monitoring Program (1998-present)  Fish Communities  Wildlife Communities  Forest Vegetation  Benthic Macroinvertebrate Communities  Wetland Vegetation  Tree Health Ontario Ministry of Natural Resources and Forestry 1) Conservation Area Land Management 2) Gypsy Moth Population Monitoring 3) Wainfleet Bog Groundwater Level Monitoring 4) Conservation Area Restoration Projects 5) Species at Risk Monitoring 6) Old Growth Monitoring 7) Red Mulberry Propagate Monitoring 8) Bat Monitoring 9) Mud Lake and Wainfleet Wetlands Monitoring 10) Invasive Species Monitoring 11) Conservation Area Resource Inventory 12) St. Johns Pond Monitoring 13) Climate Change Monitoring 33 of 85Page 627 of 735 July 19, 2024 NPCA ENHANCED INTEGRATED WATERSHED MONITORING PROGRAM Niagara Peninsula Conservation Authority 26 2.5 NPCA Restoration Program Monitoring 2.5.1 Overview The NPCA’s Restoration Monitoring Program was developed in 2021 to allow staff to track project progression after implementation, provide a quality control mechanism and measure project success. The data from this program is used for adaptive management to guide decision-making, inform on future project plans and budgets, and develop more efficient management strategies for future projects. 2.5.2 Monitoring Components This program monitors a variety of components including survival rates for planting sites (tree and shrub sites) and general growth/progress of other restoration projects (herbaceous ground cover and water retention for wetland projects, erosion and cover for instream projects or grassed waterways). Qualitative data such photo monitoring points, landowner surveys and quantitative data are collected through circle plots, survival assessments, and GIS project points/lines/polygons. Project monitoring is initiated in year 1, and continues to year 4, and year 10 after project implementation and completion. The Restoration Monitoring Programs is summarized in Table 5. Table 5: Summary of NPCA Restoration Monitoring Program NPCA Monitoring Program Monitoring Components Program Purpose Restoration Monitoring Program (2022-present)  Forest and Wetland Vegetative Communities 1) Watershed Management 2) Restoration Program Adaptive Management 2.5.3 Data storage The Restoration Monitoring Program uses an ArcGIS Survey 123 App developed in-house by NPCA GIS staff for monitoring surveys accessible to staff through a web browser in tables and dashboards. This program also uses ArcGIS Pro and Field Maps for all circle plot points and project points/lines/polygons. Photo monitoring data created in Field Maps are saved in ArcGIS Pro webservice and backed up in ArcGIS Pro geodatabases. Additional data and photos are stored in Microsoft SharePoint in Excel spreadsheets, Microsoft Word documents, and photo folders. 2.5.4 Reporting The Restoration Division Staff create reports summarizing monitoring efforts including key findings, notes about relevant sites, and a list of projects that require follow-up work. Where required, projects are stamped by a professional forester and submitted to funding agencies with invoices to receive external funding. 34 of 85 Page 628 of 735 July 19, 2024 NPCA ENHANCED INTEGRATED WATERSHED MONITORING PROGRAM Niagara Peninsula Conservation Authority 27 2.6 Environmental Permissions 2.6.1 Overview MECP and Public Health Units require the NPCA to have monitoring programs in place to support a variety of environmental permissions related to Conservation Area services and infrastructure. These include Environmental Certificate Approvals, Public Health Directives and Permit-to-Take Water. These monitoring programs are summarized in Table 6. Table 6: Summary of NPCA Environmental Permissions NPCA Monitoring Program Monitoring Components Program Purpose MECP Environmental Permissions  Water Chemistry (3 Sewage Sites & 4 Drinking Water Systems Sites)  Surface Water Levels (2 Sites) 1) Environmental Compliance Approval for Septic Systems and Sewage Lagoons Monitoring Program. 2) Public Health Directive for Small Drinking Water Systems 3) Permit to Take Water Reporting Requirement 2.6.2 Monitoring Components Environmental Compliance Approvals The NPCA currently operates 3 on-site sewage treatment facilities that require a MECP Environmental Compliance Approval (ECA). These facilities include: 1) Balls Falls Centre for Conservation 2) Balls Falls Field Centre, Event Barn, and Washrooms building. 3) Long Beach Sewage Lagoons The MECP requires through ECAs that all these facilities to be monitored to ensure the effectiveness of the Works through the collection of samples. For the Balls Falls Centre for Conservation, monthly samples of treated effluent are required. For the Balls Falls Field Centre facilities triannual (spring, summer, and fall) samples from two groundwater monitoring wells (two wells down-gradient from the Field Centre system Type A Dispersal Bed) and triannual samples from two surface water stations on Twenty Mile Creek (one upstream and one downstream of the Works) is required. The ECA for Long Beach Sewage Lagoon facility requires spring sampling of lagoon samples in Cell 1, Cell 2, and the 35 of 85 Page 629 of 735 July 19, 2024 NPCA ENHANCED INTEGRATED WATERSHED MONITORING PROGRAM Niagara Peninsula Conservation Authority 28 receiving ditch. NPCA is required to collect samples until the MECP effluent limits are met. For discharge of the sewage lagoon the NPCA is also required collect 1 sample from the receiving ditch during the release, and after the release. Small Drinking Water Systems The NPCA’s Small Drinking Water Systems are located at Balls Falls, Binbrook, Chippawa Creek, Long Beach and Balls Falls Conservation Areas (Figure 3). The NPCA is required by the Health Protection and Promotion Act, Ontario Regulation 319/08: Small Drinking Water Systems to sample, test, monitor and report on the water quality of the small drinking water systems. Public health inspectors have been mandated to conduct a site-specific risk assessment on small drinking water systems in the province. Permit to Take Water As a requirement of the MECP’s Permit to Take Water (PTTW), the NPCA monitors water levels at Binbrook Reservoir and Virgil Dams (Figure 3). At the Virgil Dams, water levels are monitored using data loggers. These sensors collect data at specific logging intervals at designated locations as per the requirement of the PTTW. In the case of the Binbrook Reservoir, estimates of dam discharges for the PTTW based on engineered rating curves determined by NPCA hired consultants. 2.6.3 Data storage Data collected through the Environmental Permissions Monitoring Programs are stored and maintained by staff using Microsoft Excel databases. 2.6.4 Reporting There is a different reporting requirement for each of the environmental permissions. Environmental Compliance Approvals (ECAs) The ECA requires that a performance report for all these facilities be completed within 90 days following the end of each operational season. NPCA generates a separate report for the MECP for their exclusive information and use. Small Drinking Water Systems To ensure there the NPCA provides safe drinking water, the public health units have required the NPCA to collect bacteria samples. The NPCA is subject to health unit inspections, required to maintain sampling records and report any adverse results of small drinking water systems. Permit to Take Water The NPCA provides the MECP with annual reporting for the PTTW for the Binbrook Reservoir and Virgil Dams. The NPCA generates a separate report for the MECP for their exclusive information and use. 36 of 85 Page 630 of 735 July 19, 2024 NPCA ENHANCED INTEGRATED WATERSHED MONITORING PROGRAM Niagara Peninsula Conservation Authority 29 2.7 Stewardship and Community Science Monitoring 2.7.1 Overview The NPCA’s stewardship and community science monitoring program are interconnected approaches that involve community engagement and active participation in the protection and understanding of the environment. The stewardship component emphasizes responsible resource management, while the community science monitoring component harnesses the collective power of community members to contribute to scientific research and environmental monitoring. The data from this program is used for adaptive management to guide decision-making based around stewardship and community science monitoring. 2.7.2 Monitoring Components The NPCA’s Stewardship and Community Service Monitoring program include the following: 1) The NPCA’s Community Stewardship Monitoring tracks volunteer statistics such as number of volunteers, number of planting days and number of projects as a tool to assess community engagement and management decisions. 2) The NPCA’s Bluebird Box Community Science Monitoring Program is led by the NPCA but implemented by volunteers. The monitoring site locations include Ball’s Falls, Binbrook and the St. John’s Valley Centre. Volunteers for this program monitor the boxes and report on the species nest types, number of eggs, number of fledglings and predation. Volunteers also clean the boxes out in the spring each year to make room for new nests. 3) The NPCA is a regional coordinator of the Birds Canada Marsh Monitoring Program. With this program, volunteers are required to select a sample station from a designated list and visit the same station 3 times throughout spring to summer and record either amphibian or bird species that are calling. The protocol used for this program is from Birds Canada. 4) The NPCA’s Turtle Tally program uses volunteers to monitor specific road crossings daily between spring and fall to record turtle deaths and sightings at those crossings and locations. 5) The NPCA Trail Ambassadors allows volunteers to use NPCA-created Apps to report incidents, issues, and concerns on NPCA trails to trigger reports that are managed by NPCA staff. 2.6.3 Data storage The NPCA’s Stewardship and Community Service Monitoring datasets are stored and maintained by staff using Microsoft Excel databases. Data can be accessed by partners and the public through data requests to NPCA staff. 2.6.4 Reporting There is no formal reporting component to this program, however data is shared with partner agencies upon request and statistics are used in NPCA social media and the corporate NPCA Annual Report. 37 of 85 Page 631 of 735 July 19, 2024 NPCA ENHANCED INTEGRATED WATERSHED MONITORING PROGRAM Niagara Peninsula Conservation Authority 30 3.0 INTEGRATED WATERSHED MONITORING PROGRAM 3.1 Background: Integrated Watershed Monitoring Integrated watershed monitoring is defined as a comprehensive and systematic approach to collecting, analyzing, and interpreting data related to the various components of a watershed. Integrated watershed monitoring programs aim to assess and understand the ecological, hydrological, and environmental conditions over time and space within a watershed to support effective management and conservation efforts. Watershed ecosystems and their components are linked, and implementing an integrated approach provides an understanding of these relationships. This is critical for the NPCA watershed as there are anthropogenic stressors threatening our ecosystems. The key components of integrated watershed monitoring include Water Quality Monitoring, Hydrometric Monitoring, Ecological Monitoring, Land Use and Land Cover Monitoring, Socioeconomic Data, Geospatial Data and Community Engagement. The integration of data from these various components provides a holistic understanding of the watershed's functions, allowing stakeholders to make informed decisions about resource management, environmental protection, and land use planning. Integrated watershed monitoring programs are often long-term initiatives, as they aim to capture the dynamics and changes occurring within the watershed over time. The data collected through these programs contribute to sustainable watershed management, conservation of biodiversity, and the protection of valuable ecosystem services. 3.2 The Rationale for an NPCA Integrated Watershed Monitoring Program The NPCA 10-year (2021-2031) Strategic Plan has identified an Integrated Watershed Monitoring Program (IWMP) as a critical priority to help achieve several strategic goals and actions related to Healthy and Climate Resilient Watersheds (Goals 1.1, 1.2, 1.3 and 1.4), Supporting Sustainable Growth (Goals 2.2 and 2.3), Connecting People to Nature (Goals 3.1 and 3.2), Partner of Choice (Goals 4.1 and 4.3), Organizational Excellence (Goal 5.2) and Financial Sustainability (Goal 6.2). The program supports NPCA’s vision of “Nature for all” that envisions a healthy and vibrant environment with shared greenspace and clean water that sustains life for future generations. The NPCA is well-positioned to transition and implement an IWMP as part of its core service delivery. The NPCA has conducted a watershed monitoring gap analysis (Table 7) to assess the strengths and weaknesses of an existing watershed monitoring program. This analysis was designed to identify gaps 38 of 85 Page 632 of 735 July 19, 2024 NPCA ENHANCED INTEGRATED WATERSHED MONITORING PROGRAM Niagara Peninsula Conservation Authority 31 or deficiencies in the current monitoring efforts to help improve the overall effectiveness of data collection and analysis within a watershed to address those data gaps. Table 7: Key Identified Gaps in NPCA Monitoring Monitoring Gaps Hydrometric Monitoring  Baseflow / Low-Flow Surveys  Watershed Discharge Data  Expanded Watershed Coverage of Stream Flow Network Surface Water Monitoring  Wet Weather or Event-Based Monitoring  Winter Water Quality Monitoring  Fisheries (Fish Communities and Fish Habitat)  Stream Fluvial Geomorphology and Erosion Monitoring  Coastal/Shoreline Ecosystem Monitoring Groundwater Water Monitoring  Wetland Hydrology-Groundwater-Surface Water Interaction Terrestrial Monitoring Program  Watershed Forest Community and Health Monitoring  Watershed Wetland Community Monitoring  Wildlife (Birds and Amphibians)  Coastal/Shoreline Ecosystem Monitoring In addition, the NPCA’s existing monitoring programs will provide the baseline infrastructure to implement and build a new IWMP. This infrastructure includes existing monitoring program staff, equipment, reporting intervals, database management systems, GIS capacity, web-based tools, and recognition across the watershed. Opportunities to expand the IWMP will be further explored to provide additional internal and external services to meet the watershed resource management needs of the NPCA and our partners. The NPCA’s current monitoring programs were designed to be highly flexible for expansion to incorporate additional monitoring components to identify and understand watershed stressors. This is demonstrated with expansion of monitoring components within the NPCA’s Water Quality Monitoring Program from 2001 to 2023 (Figure 5). 39 of 85 Page 633 of 735 Figure 5. NPCA Water Quality Monitoring Program evolution 40 of 85Page 634 of 735 July 19, 2024 NPCA ENHANCED INTEGRATED WATERSHED MONITORING PROGRAM Niagara Peninsula Conservation Authority 33 The NPCA’s Integrated Watershed Monitoring Program (IWMP) will be designed to systematically collect and analyze data on various aspects of a watershed's environment, including its water quality, water quantity, land use, natural hazard risks, and ecological health. The rationale for the NPCA implementing such a program is grounded in several key considerations: 1) Comprehensive Understanding: The NPCA watersheds are complex and interconnected systems where various natural and human-induced factors can influence water quality, quantity, natural hazards, and overall health. An integrated monitoring program provides a comprehensive understanding of these interrelations, allowing for a more holistic view of watershed dynamics. 2) Identifying Trends and Changes: Long-term monitoring helps identify trends and changes within a watershed over time. This information is critical for distinguishing between natural variability and anthropogenic impacts, enabling timely and effective management responses to emerging issues. 3) Early Detection of Issues: Integrated monitoring allows for the early detection of potential problems such as pollution, habitat degradation, or changes in water flow patterns. Early identification provides an opportunity for proactive management interventions, helping to prevent or mitigate negative impacts. 4) Effective Decision-Making: Allow the NPCA to rely on accurate and up-to-date information to make informed decisions about land use, resource management, natural hazard management and environmental protection. An integrated monitoring program contributes to evidence-based decision-making. 5) Sustainable Resource Management: Watersheds are essential for providing various ecosystem services, including clean water, habitat for wildlife, and recreational opportunities. Monitoring helps ensure the sustainable management of these resources by providing information on water quality, biodiversity, and ecosystem health. 6) Climate Change Adaptation: As climate change continues to impact weather patterns and hydrological cycles, an integrated monitoring program is essential for assessing the effects on watersheds, including natural hazards. This information is crucial for developing adaptive strategies to address changing conditions and mitigate potential risks. 7) Community Engagement and Education: An integrated monitoring program fosters community engagement by involving the public, schools, and organizations in data collection and interpretation. This engagement enhances public awareness and understanding of watershed issues, leading to more informed and environmentally conscious communities. 8) Regulatory Compliance: There are regulations and standards which governing water quality and environmental protection in Ontario and Canada. An integrated monitoring program helps ensure compliance with these regulations by providing the necessary data for reporting and assessment. 41 of 85 Page 635 of 735 July 19, 2024 NPCA ENHANCED INTEGRATED WATERSHED MONITORING PROGRAM Niagara Peninsula Conservation Authority 34 9) Research and Innovation: Integrated watershed monitoring programs contribute valuable data for scientific research and innovation. The NPCA’s data can be used researchers to study ecological processes, develop models, and advance our understanding of complex environmental systems and adaptive management approaches. 10) Continuous Improvement: Regular monitoring allows for the continuous improvement of adaptive management strategies. By assessing the effectiveness of implemented measures, the NPCA can adjust management plans and strategies based on real-world data and outcomes. In summary, the rationale for an integrated watershed monitoring program revolves around the need for a comprehensive understanding of watershed dynamics, early detection of issues, informed decision-making, and the sustainable management of water resources, natural hazards and ecosystems. 3.3 Integrated Watershed Monitoring Program Advisory Group The development of a comprehensive IWMP required a collaborative approach across divisions and departments of the NPCA. The NPCA formed an Internal Integrated Watershed Monitoring Program Advisory Group (Table 8) which met to scope the program, prioritize monitoring components, and assess NPCA resources to identify in-house technical experts. Table 8. Internal Integrated Watershed Monitoring Program Advisory Group Committee Members Expertise Director, Watershed Strategies and Climate Change Corporate Director Manager Watershed Monitoring and Reporting Program Administrator Water Quality Specialist Water Quality and Aquatic Ecology Ecologist Terrestrial Ecology Manager Ecological Planning Ecology Principles Applied through Planning and Permit Applications Manager of Conservation Area Land Planning Conservation Area Management Plans Hydrogeology Specialist Groundwater Restoration Specialist Restoration Ecology Program Coordinator, Watershed Strategies and Climate Research Climate Change Research and Innovation, and GIS Landscape Analysis Senior Manager Integrated Watershed Strategies Integrated Watershed Management 42 of 85 Page 636 of 735 July 19, 2024 NPCA ENHANCED INTEGRATED WATERSHED MONITORING PROGRAM Niagara Peninsula Conservation Authority 35 Flood Risk Management Officer Water Quantity and Climate Data Conservation Areas Programs & Services Conservation Area Compliance Monitoring Water Resources Engineer Stormwater Management Upon completion of the NPCA Integrated Watershed Monitoring Program (IWMP), the Advisory Group will transition to a Working Group that will ensure that this program meets the strategic goals and actions of NPCA 2021-2031 Strategic Plan and lays the groundwork for a long-term sustainable program. Working group members will collaborate on program implementation and maintenance, the analysis and synthesis of monitoring results, reporting requirements, review monitoring program requirements/priorities/plans, identify stakeholders and partners, assess staff and equipment resources, and identify potential funding sources. The Working Group will be an integral part of the adaptive management framework of the IWMP where the Working Group can learn to track the program’s performance and impacts of actions and to inform refinement and new action. In addition, as the IWMP becomes resourced and implemented, the NPCA will begin collaborating external stakeholders such as municipalities, other governmental agencies, academic institutions, and environmental groups to assess their monitoring needs for data and exchange of expertise. This will also be critical to shaping the Monitoring Areas of the NPCA’s IWMP.3.4 Overview of NPCA’s Integrated Watershed Monitoring Program 3.4 Overview of NPCA’s Integrated Watershed Monitoring Program The NPCA’s Integrated Watershed Monitoring Program (IWMP) has the following high-level goal to achieve the strategic targets and actions of NPCA 2021-2031 Strategic Plan and build a long-term sustainable program. To support this program's goal, a conceptual model has been developed that identifies three key Watershed Monitoring Program Areas and four key Monitoring Support Systems necessary to achieve its goal. The goal of the NPCA Integrated Watershed Monitoring Program is to comprehensively assess the ecological health and resilience of the watershed through monitoring initiatives, to inform evidence- based conservation and management strategies for the NPCA watershed. This conceptual model was developed in collaboration with the Internal Integrated Watershed Monitoring Program Advisory Group. The three Monitoring Program Areas are Long-Term Watershed Monitoring, Corporate Support Services, and Monitoring Service Provider. The four Monitoring Support Systems include Data Management, GIS, Communications and External Partnerships and External 43 of 85 Page 637 of 735 July 19, 2024 NPCA ENHANCED INTEGRATED WATERSHED MONITORING PROGRAM Niagara Peninsula Conservation Authority 36 Data. This model is shown in Figure 6. Further refined goals have been developed for the specific program areas. Figure 6. NPCA Integrated Watershed Monitoring Program Model 3.4.1 Monitoring Support Systems Corporate Services, Geographic Information Systems (GIS) and Data Management, Communications, and external resources (partnerships and data) are crucial monitoring support systems for the NPCA IWMP. GIS provides spatial analysis and visualization capabilities, allowing the NPCA to map, monitor, and manage natural resources accurately. Communications systems facilitate the timely dissemination of information, ensuring that stakeholders are informed and responsive to environmental changes. Robust data management ensures the collection, storage, and analysis of vast amounts of environmental data across the agency, making it accessible and useful for decision-making. External partnerships enhance the reach and impact of the NPCA’s IWMP by pooling data, resources, and knowledge from various organizations. Collectively, these elements enable a comprehensive approach support to the IWMP. 44 of 85 Page 638 of 735 July 19, 2024 NPCA ENHANCED INTEGRATED WATERSHED MONITORING PROGRAM Niagara Peninsula Conservation Authority 37 4.0 NPCA LONG-TERM MONITORING AND REPORTING PROGRAM Long-Term Watershed Monitoring is a priority program for the NPCA’s Integrated Watershed Monitoring Program. This program is identified as holding significant value for understanding and managing natural hazards and ecosystems with the NPCA watershed. In addition, this program will provide a foundation for scientific research, conservation initiatives, and informed decision-making. It will contribute to the NPCA’s ability to sustainably manage and protect ecosystems, ensuring their resilience in the face of ongoing environmental changes. Here are several key aspects highlighting this program’s importance: 1) Baseline Data: Long-term monitoring provides a baseline of watershed conditions, offering a reference point against which changes can be measured. This baseline is essential for distinguishing natural variability from anthropogenic influences. 2) Detecting Trends and Changes: Natural systems are dynamic and can undergo gradual or sudden changes. Long-term monitoring will the NPCA to detect trends and changes over time, providing insights into the factors driving ecological shifts. 3) Ecosystem Health Assessment: By continuously monitoring various ecological parameters, the NPCA will be able to assess the overall health of ecosystems. This includes tracking changes in biodiversity, ecosystem structure, and the abundance of key species, which are crucial indicators of ecosystem health. 4) Early Warning for Disturbances: Long-term monitoring can serve as an early warning system for ecological disturbances such as disease outbreaks, invasive species introductions, or habitat degradation. Rapid detection enables timely responses to mitigate negative impacts. 5) Climate Change Impacts: Long-term ecological monitoring plays a crucial role in understanding and documenting the impacts of climate change on natural hazards and ecosystems. Changes in temperature, precipitation, and other climate variables can be tracked, aiding in the assessment of adaptive responses and mitigation options. 6) Conservation Planning and Management: The data collected through long-term monitoring contributes to evidence-based conservation planning and management. This information helps identify priority areas for conservation, assess the effectiveness of conservation strategies, and guide adaptive management practices. 7) Research and Scientific Understanding: Long-term data sets are valuable for scientific research, enabling researchers to investigate natural processes within the watershed, test hypotheses, and develop and refine models. This contributes to a deeper understanding of the complex interactions within watersheds and ecosystems. 8) Ecosystem Services Assessment: Long-term monitoring helps quantify and assess the various ecosystem services provided by natural environments, such as water purification, 45 of 85 Page 639 of 735 July 19, 2024 NPCA ENHANCED INTEGRATED WATERSHED MONITORING PROGRAM Niagara Peninsula Conservation Authority 38 pollination, and carbon sequestration. This information is critical for making informed decisions about sustainable resource use. 9) Policy Development and Decision-Making: Policymakers rely on long-term watershed monitoring data to formulate environmental policies. Informed decision-making is essential for addressing emerging ecological challenges and ensuring the sustainable use of natural resources and management of natural hazards. 10) Public Awareness and Education: Long-term monitoring results can be communicated to the public, raising awareness about environmental issues, and fostering a sense of stewardship in the NPCA watershed. Education based on real-world watershed data enhances public understanding and support for conservation efforts. The NPCA Long-Term Watershed Monitoring and Reporting Program will consist of five monitoring units. These include Surface Water Monitoring, Groundwater Monitoring, Terrestrial Monitoring, Hydrometric Monitoring and Watershed Landscape Analysis Figure 7. These units are further specialized and consist of a combination of the existing NPCA programs and new monitoring components that are integrated into a comprehensive network providing a holistic understanding of the NPCA natural resources. Figure 7. NPCA Long-Term Integrated Watershed Monitoring and Reporting Program. 46 of 85 Page 640 of 735 July 19, 2024 NPCA ENHANCED INTEGRATED WATERSHED MONITORING PROGRAM Niagara Peninsula Conservation Authority 39 4.1 Program Goal The goals of the NPCA Long-Term Integrated Monitoring and Reporting Program are: • To establish baseline conditions by understanding natural variability and ecological thresholds within the NPCA watershed • To assess the temporal and spatial conditions of aquatic and terrestrial resources at various locations across the watershed compared to established baselines • To identify potential stressors and emerging threats that could be addressed through other programs 4.1.1 Surface Water Monitoring The NPCA’s proposed Surface Water Monitoring Program will consist of five monitoring components which include the existing NPCA’s water chemistry, stream benthic macroinvertebrates and stream temperature monitoring components and new NPCA monitoring initiatives such as fish communities and fluvial geomorphology Figure 8. Figure 8. NPCA Long-Term Integrated Surface Water Monitoring Program. Water Chemistry The NPCA’s Integrated Long-Term Watershed Monitoring Program surface water chemistry monitoring component will consist of the previous Ambient Watershed Surface Water Chemistry and Conservation Areas Surface Water Quality Monitoring Programs as well as the In-Situ Stream Monitoring Program. The sampling network, protocols and equipment maintenance methodologies will remain unchanged, ensuring consistency and reliability in the collected data. This continuation guarantees the program's ability to track long-term trends and assess the health of water bodies in the NPCA watershed. This will ensure the program can provide accurate and actionable assessments into surface water quality chemistry, facilitating informed decision-making and environmental management efforts. The Surface Water Chemistry monitoring component is summarized in Table 9. 47 of 85 Page 641 of 735 July 19, 2024 NPCA ENHANCED INTEGRATED WATERSHED MONITORING PROGRAM Niagara Peninsula Conservation Authority 40 Table 9: Water Chemistry Monitoring Components Total Number of Stations Sample Frequency of Sampling Sampling Protocol 83 Grab Sample 8 Times Monthly (ice-free season) Provincial Water Quality Monitoring Protocol 8 Grab Sample 2 Times (Jan-Mar) 6 Continuous Deployed Water Quality Sensor and Logger Winter PWQMN stations only NPCA Protocol and YSI Inc. Benthic Macroinvertebrates The NPCA’s Integrated Long-Term Watershed Monitoring Program benthic macroinvertebrate monitoring component will continue in its existing form, maintaining its essential role in assessing the health and ecological integrity of aquatic ecosystems. This established program utilizing the Ontario Benthos Biomonitoring Network Program (OBBN) protocol focuses on the systematic collection and analysis of benthic macroinvertebrate organisms. By continuing in its current framework, the program ensures consistency and reliability in monitoring these sensitive indicators of water quality. Benthic macroinvertebrates are highly responsive to changes in their environment, making them valuable indicators of stream health. The NPCA’s continued use of the program's existing structure underscores its effectiveness in providing critical insights into water quality conditions, detecting environmental changes, and informing targeted conservation and restoration efforts. This approach ensures the program's continued contribution to maintaining the biodiversity and ecological balance of stream ecosystems. The Benthic Invertebrate monitoring component is summarized in Table 10. Table 10: Benthic Invertebrate Monitoring Component Total Number of Stations Frequency of Sampling Sampling Protocol 65 Once- Spring Season 20-25 Stations each year 3 Year Rotation OBBN 48 of 85 Page 642 of 735 July 19, 2024 NPCA ENHANCED INTEGRATED WATERSHED MONITORING PROGRAM Niagara Peninsula Conservation Authority 41 Fish Communities The inclusion of a fish communities monitoring component into the NPCA’s Integrated Long-Term Watershed Monitoring Program is imperative for a comprehensive understanding of aquatic ecosystems, as fish communities serve as ecological indicators of environmental health and providing critical insights into the overall balance and sustainability of aquatic environments. The monitoring of fish populations and their habitats offers a powerful tool through which the NPCA can assess the impacts of human activities, climate change, and pollution on aquatic ecosystems. In this context, the integration of fish-focused monitoring initiatives contributes significantly to the broader goals of environmental stewardship, resource management, and the preservation of biodiversity. Fish communities is a new monitoring component for the NPCA and as resources become available, the implementation of this program will commence. To facilitate implementation, NPCA monitoring staff will be provided with training to ensure consistency and accuracy among field staff in data collection and species identification. NPCA staff have identified existing monitoring protocols (Stanfield 2017) used by Conservation Authorities in Ontario that can be utilized for this component. It is intended that regular field surveys will be conducted throughout the NPCA’s monitoring network over specified time intervals to track changes in fish abundance, diversity, and distribution. The Fish Communities monitoring component is summarized in Table 11. Table 11: Fish Community Monitoring Component Total Number of Stations Frequency of Sampling Sampling Protocol 65 To be determined Ontario Stream Assessment Protocol Section 3 Module 1 Fluvial Geomorphology The inclusion of a fluvial geomorphology monitoring component into the NPCA’s Integrated Long-Term Watershed Monitoring and Reporting Program will offer crucial insights into the dynamic interactions between water, sediment, and landforms within streams, which directly influence channel morphology, sediment transport, and habitat diversity ensuring additional understanding and managing of the NPCA’s riverine ecosystems. The NPCA will have a comprehensive understanding of how natural and human-induced changes impact stream stability, hydrology, and ecological health over time. Assessing fluvial geomorphology provides valuable information for designing effective river restoration projects, mitigating erosion and sedimentation issues, and preserving aquatic habitats. Ultimately, including stream fluvial geomorphology enhances the monitoring program's ability to holistically evaluate the condition and resilience of stream ecosystems, leading to informed management decisions aimed at promoting their long-term sustainability. 49 of 85 Page 643 of 735 July 19, 2024 NPCA ENHANCED INTEGRATED WATERSHED MONITORING PROGRAM Niagara Peninsula Conservation Authority 42 Fluvial geomorphology is a new monitoring component, and upon resource availability, this program's implementation will begin. To streamline the process, NPCA monitoring personnel will undergo training to maintain consistency and accuracy in data collection methods. Drawing from existing monitoring protocols utilized by Conservation Authorities in Ontario, NPCA staff have identified protocols (MOE 2003, Stanfield 2017) that can be used for this program. The intention is to conduct routine field surveys across the NPCA's monitoring network at predetermined intervals to monitor fluctuations in fluvial geomorphological processes. The Fluvial Geomorphology monitoring component is summarized in Table 12. Table 12: Fluvial Geomorphology Monitoring Component Total Number of Stations Frequency of Sampling Sampling Protocol 50 To be determined Ontario Stream Assessment Protocol Section 4 Module 2 or Rapid Geomorphic Assessments (RGA) Stream Water Temperature The NPCA’s stream water temperature program will continue in its current form maintaining its focus on the remaining identified and suspected coldwater watersheds. This program will continue to assess the health of coldwater habitats, identifying potential stressors such as climate change or anthropogenic disturbances, and informing targeted conservation and management strategies aimed at preserving the unique ecological characteristics of these watersheds. Continuity in the program ensures the consistent collection of data essential for understanding temperature fluctuations in coldwater streams and their impact on sensitive aquatic ecosystems. By retaining existing protocols, including regular sampling and advanced data analysis techniques the NPCA program can accurately monitor changes in stream temperature over time with precision. This ongoing effort is crucial for NPCA’s partners, who can rely on the program's unchanged operation to provide reliable information crucial for safeguarding these valuable aquatic resources for future generations. The Stream Temperature monitoring component is summarized in Table 13. Table 13: Stream Water Temperature Monitoring Component Total Number of Stations Frequency of Sampling Sampling Protocol Minium of 9 Continuous hourly May to Nov Deployment NPCA Protocol and Onset 50 of 85 Page 644 of 735 July 19, 2024 NPCA ENHANCED INTEGRATED WATERSHED MONITORING PROGRAM Niagara Peninsula Conservation Authority 43 4.1.2 Groundwater Water Monitoring The NPCA’s Integrated Long-Term Watershed Monitoring and Reporting Program will incorporate the existing Groundwater Monitoring in its current form. This program will maintain its systematic observation and assessment of groundwater chemistry and water levels of significant regional and local aquifers as shown in Figure 9. Figure 9. NPCA Groundwater Monitoring Components The NPCA will continue to work with MECP as it pertains to the PGMN and its other partners to maintain, evaluate and adjust this program as required. This established program plays a crucial role in tracking the quality and quantity of groundwater resources, providing valuable data for informed decision- making. By continuing in its existing framework, the program ensures consistency and reliability in monitoring essential parameters such as chemical composition and water levels. This continuity is key for comprehensively understanding groundwater dynamics, detecting potential changes over time, and addressing emerging environmental concerns in the NPCA watershed. Utilizing the existing structure underscores its effectiveness in contributing to sustainable water management practices and the protection of vital groundwater resources. The Groundwater monitoring component is summarized in Table 14. Table 14: Groundwater Monitoring Component Total Number of Stations Frequency of Sampling Sampling Protocol 46 Yearly Grab Sample Continuous Hourly Water Level Data Logger Provincial Groundwater Monitoring Network Program (PGMN) 51 of 85 Page 645 of 735 July 19, 2024 NPCA ENHANCED INTEGRATED WATERSHED MONITORING PROGRAM Niagara Peninsula Conservation Authority 44 4.1.3 Terrestrial Monitoring The NPCA's Integrated Long-Term Watershed Monitoring and Reporting Program is initiating the development of a new Terrestrial Monitoring Program. This initiative addresses a significant data gap in the NPCA’s monitoring efforts and it recognizes the immense value of long-term terrestrial monitoring in providing insights into ecosystem dynamics and changes over extended periods. This program is crucial for resource management, as it helps assess the health of species and ecosystems, identify threats, and enable effective management within the NPCA watershed. The inclusion of long-term terrestrial monitoring is indispensable for informed decision-making, conservation efforts, and advancing the NPCA’s understanding of the complex interactions within the watershed. It provides a foundational integrated framework for addressing environmental challenges and promoting sustainable practices. The NPCA’s proposed Terrestrial Monitoring Program will consist of three monitoring components which include Forest Monitoring, Wetland Monitoring and Wildlife Monitoring Figure 10. Figure 10. NPCA Terrestrial Monitoring Components Forest Monitoring The forest ecosystems in the NPCA watershed play a vital role in supporting rich biodiversity and offering a variety of ecosystem goods and services that are essential for human well-being, including carbon storage, nutrient cycling, and air purification. Healthy forests exhibit greater resilience against various disturbances, including the impacts of climate change. However, the health of forests can be compromised by a range of factors such as disease and invasive species. Moreover, alterations in land use patterns surrounding forests, stemming from urbanization, aggregate extraction, natural succession, and events like ice storms, can significantly impact forest health and the diverse organisms they harbor. Conversely, positive initiatives such as ecosystem restoration projects can contribute positively to forest health and resilience. For the Forest Monitoring component, the NPCA proposes to use the Ecological Monitoring and Assessment Network (EMAN) monitoring protocols (Roberts-Pichette &Gillespie. 1999) also used by various Conservation Authorities. By implementing the same monitoring protocols as other agencies, a larger data set is available for comparison which could strengthen data analysis for certain applications. 52 of 85 Page 646 of 735 July 19, 2024 NPCA ENHANCED INTEGRATED WATERSHED MONITORING PROGRAM Niagara Peninsula Conservation Authority 45 The NPCA’s proposed Forest Monitoring is shown in Table 15. The size and sample frequency of this program will be determined by NPCA resources through a watershed statistical analysis that is being completed in 2024. Table 15: Forest Monitoring Component Indicator Total Number of Stations Frequency of Sampling Sampling Protocol Tree Health To be determined Ecological Monitoring and Assessment Network Program (EMAN) Shrub and Tree Regeneration Ground Vegetation Wetland Monitoring The NPCA wetlands ecosystems provide habitat for many species, both common and rare. Wetlands provide many valuable ecological services such as regulating water movement, controlling sedimentation and filtering pollutants such as fertilizers from the surrounding water and land. The NPCA recognizes it is critical to monitor wetland ecosystems, because potentially significant changes in hydrology, soils, species composition and structure can be detected, and therefore, allow issues to be identified and addressed. The NPCA is proposing to use monitoring protocols developed by the Toronto and Region Conservation Authority (TRCA 2019) and Credit Valley Conservation (CVC) for the wetland monitoring component. These can include monitoring wetland hydrology and vegetative communities. By implementing the same monitoring protocols as other agencies, a larger data set is available for comparison which could strengthen data analysis for certain applications. The NPCA’s proposed Wetland Monitoring is shown in Table 16. The size and sample frequency of this program will be determined by NPCA resources through a watershed statistical analysis that is being completed in 2024. 53 of 85 Page 647 of 735 July 19, 2024 NPCA ENHANCED INTEGRATED WATERSHED MONITORING PROGRAM Niagara Peninsula Conservation Authority 46 Table 16: Wetland Monitoring Component Indicator Total Number of Stations Frequency of Sampling Sampling Protocol Physical Environment To be determined Toronto and Region Conservation Authority (TRCA) and Credit Valley (CVC) Tree Counts Shrub and Tree Regeneration Ground Vegetation Wetland Hydrology Wildlife Monitoring The NPCA recognizes the need to implement long-term monitoring of bird and amphibian communities in forest and wetland ecosystems within the watershed. Birds and amphibians serve as vital indicators of ecosystem health due to their sensitivity to environmental changes. By tracking population trends, species diversity, and distribution patterns over extended periods, and its possible to gain valuable insights into the overall ecological dynamics of forest and wetland ecosystems. Long-term monitoring allows for detecting subtle shifts in community composition and identifying potential threats such as habitat degradation, pollution, and climate change. Furthermore, these monitoring efforts provide essential data for informing conservation strategies and management practices aimed at preserving critical habitats and safeguarding the intricate web of life supported by forest and wetland ecosystems. The NPCA intends to design a terrestrial monitoring network where regular field surveys will be conducted over specified time intervals to track changes in their abundance, diversity, and distribution. The NPCA’s proposed Wildlife Monitoring Program is shown in Table 17. The size and sample frequency of this program will be determined by NPCA resources through a watershed statistical analysis that is being completed in 2024. 54 of 85 Page 648 of 735 July 19, 2024 NPCA ENHANCED INTEGRATED WATERSHED MONITORING PROGRAM Niagara Peninsula Conservation Authority 47 Table 17: Wildlife Monitoring Component Indicator Total Number of Stations Frequency of Sampling Sampling Protocol Forest and Wetland Birds To be determined Ontario Forest Bird Monitoring Program and Marsh Monitoring Program (BSC 2006a and 2006b) Wetland Amphibians Forest Plethodontid 4.1.4 Hydrometric Monitoring The NPCA’s Integrated Long-Term Watershed Monitoring Program’s will incorporate the Hydrometric Monitoring program in its current form, maintaining its crucial role in extensively assessing surface water quantity and climate conditions (Figure 11). This program is dedicated to the comprehensive observation of hydrological parameters, providing invaluable data for understanding water dynamics and climate impacts. By continuing in its existing framework, the program ensures the ongoing collection of accurate and reliable information on stream water levels, flow rates, and meteorological factors. This continuity is essential for tracking changes over time, detecting trends, and informing effective water resource management strategies. The program's commitment to its existing structure facilitates the NPCA’s understanding of hydrological patterns and their interconnectedness with climate variables, contributing to informed decision-making and sustainable environmental practices. The Hydrometric Monitoring component is summarized in Table 18. Figure 11. Hydrometric Monitoring Components 55 of 85 Page 649 of 735 July 19, 2024 NPCA ENHANCED INTEGRATED WATERSHED MONITORING PROGRAM Niagara Peninsula Conservation Authority 48 Table 18: Water Quantity and Climate Monitoring Components Total Number of Stations Sample Frequency of Sampling Sampling Protocol 21 Water Level Continuous 5 to 15 minutes readings NPCA and Water Surveys Canada 7 Water Flow Continuous 5 to 15 minutes readings 7 Snow 10 sampling points per Site November to April Ontario Snow Surveying Manual 11 Precipitation Continuous 5 to 15 minutes readings NPCA 7 Wind Continuous 5 to 15 minutes readings In addition, the NPCA must provide programs and services to support the functions and responsibilities related to Flood Forecasting and Warning in its watershed jurisdiction as required under the Conservation Authorities Act and O. Reg. 686/21: Mandatory Programs and Services. The NPCA is responsible for forecasting where and when flooding is likely to occur and for issuing appropriate flood messages. The NPCA issues flood messages to municipal emergency management officials and the media if flooding is possible or imminent. The municipal officials then warn watershed residents and allow municipalities and other government agencies to implement emergency response plans and, if necessary, evacuate communities. The NPCA’s Flood Forecasting and Flood Warning is directly supported by the NPCA’s Hydrometric Monitoring Program that assesses surface water quantity and climate conditions within the watershed 4.1.5 Watershed Landscape Analysis The Watershed Landscape Analysis unit of the Long-Term Integrated Watershed Monitoring Program is another tool that the NPCA will be continuing to use to characterize the human, aquatic and terrestrial features, conditions, processes, and interactions within a watershed. This program provides a systematic way to understand and organize ecosystem information. In so doing, watershed landscape analysis enhances the NPCA’s ability to estimate direct, indirect, and cumulative effects of our management activities and guide the general type, location, and sequence of appropriate management activities within a watershed. The Watershed Landscape Analysis Program currently has two programs, and these are shown in Table 19. 56 of 85 Page 650 of 735 July 19, 2024 NPCA ENHANCED INTEGRATED WATERSHED MONITORING PROGRAM Niagara Peninsula Conservation Authority 49 Table 19: Watershed Landscape Analysis Programs Watershed Landscape Analysis Programs Program Description Recommended Analysis Intervals Watershed Natural Areas Inventory (NAI) Program • This program identifies, classifies, and maps natural heritage areas in the NPCA watershed jurisdiction. The resulting data provides a representation of the natural cover and features of the Niagara watershed using the Ecological Land Classification (ELC), a standard in Ontario to classify natural areas. The NPCA intends to conduct NAI inventories at determined intervals as a tool to assess changes in the watershed. 10 years Watershed Natural Asset Assessment & Carbon Sequestration Program • Baseline inventory of carbon sequestering forest, wetlands, and meadow • Natural assets analysis that provides the valuation of ecosystem services, such as flood attenuation, and stormwater regulation. 10 years 4.2 Data Management Data management is a key part of the NPCA’s long-term monitoring program. The long-term monitoring program collects from a wide range of sources depending on the program unit and these data include time series, discrete data, taxonomic and GIS datasets. By building upon the databases that NPCA currently utilizes (KISTERS, Microsoft Office, SQL server and internal data systems), and work with the NPCA’s Information Technology (IT) and GIS divisions to establish a centralized database to store and manage all collected data. This will allow the NPCA to work towards implementing an efficient data management system that ensures data consistency, security, integrity, and accessibility. 4.2.1 NPCA Data Users The NPCA long-term monitoring programs will and currently generate a large wealth of scientific data that has a diverse range of users spanning various sectors as shown in Figure 12. Here are some key user groups that frequently utilize the NPCA environmental monitoring data: 57 of 85 Page 651 of 735 July 19, 2024 NPCA ENHANCED INTEGRATED WATERSHED MONITORING PROGRAM Niagara Peninsula Conservation Authority 50 1) Federal and Provincial Agencies: Environmental protection agencies and regulatory bodies such as ECCC and the MECP use the NPCA’s monitoring data as background watershed conditions. 2) Public Health Unit: Monitoring data related to water quality is vital for the NPCA’s public health agencies partners to assess potential health risks associated with environmental factors such as E.coli monitoring of beaches and outlet tributaries. This information can inform public health policies and interventions. 3) Research Institutions and Education: Scientists and researchers in environmental science, ecology, climatology, and related fields use the NPCA’s monitoring data to conduct studies, develop models, and advance the understanding of environmental processes. Academic institutions may also use this data for teaching and training purposes. In addition, local elementary and secondary schools use the NPCA’s environmental monitoring data for educational purposes, exposing students to real-world environmental challenges and encouraging the development of environmental stewardship. 4) Municipalities: Municipal partners can use the NPCA’s extensive long-term monitoring datasets as background watershed conditions to inform municipal water and wastewater infrastructure projects. Municipalities may also use monitoring data to assess the impact of urbanization on ecosystems, plan for sustainable development, and address issues related to pollution, waste management, and green spaces. 5) Industry: Various industries, especially those with potential environmental impacts, may use the NPCA’s monitoring data to ensure compliance with environmental regulations and implement sustainable practices. 6) Non-Governmental Organizations (NGOs): Environmental NGOs often use the NPCA’s monitoring data to advocate for environmental conservation and raise awareness about specific issues. NGOs may also conduct their monitoring or collaborate with other organizations. 7) Community Science: The NPCA does engage with community science initiatives that contribute to environmental monitoring by collecting data within the watershed. This grassroots approach helps increase the spatial coverage of monitoring efforts and fosters public awareness and engagement. 8) Emergency Responders: The NPCA’s environmental monitoring data, especially in real-time, can be crucial for emergency responders during events like natural disasters such as flooding, industrial accidents, or pollution incidents. This data aids in decision-making and emergency response coordination. The NPCA acknowledgers that these data user groups collectively contribute to a comprehensive understanding of environmental conditions, help identify emerging trends and challenges, and play a crucial role in shaping policies and practices that promote environmental sustainability. It is key that the NPCA have effective communication and collaboration among these stakeholders to maximize the impact of the NPCA’s environmental monitoring data. 58 of 85 Page 652 of 735 July 19, 2024 NPCA ENHANCED INTEGRATED WATERSHED MONITORING PROGRAM Niagara Peninsula Conservation Authority 51 Figure 12. NPCA Data Sharing 59 of 85 Page 653 of 735 July 19, 2024 NPCA ENHANCED INTEGRATED WATERSHED MONITORING PROGRAM Niagara Peninsula Conservation Authority 52 4.3 Long-Term Monitoring Reporting The reporting of results from the NPCA Long-Term Monitoring Program is essential for updating watershed partners and stakeholders, identifying emerging issues, informing management decisions and policy development, initiating actions, and advancing scientific knowledges. It is key that NPCA prioritize reporting and data sharing as it provides a valuable service to its stakeholders and funding agencies. In addition, the NPCA will determine the most effective method of communication to make watershed reporting accessible and informative for the target audience. Target audiences can range from scientific requests seeking raw data and detailed technical reports, to non-scientific audiences like Non-Governmental Organizations (NGOs), policymakers, and NPCA Board Members that may prefer synthesized reports with high-level messaging and graphical representations of key findings. Consequently, watershed reporting and disseminating data to a wide audience is a key priority for the IWMP program, and the NPCA will continue to use and develop the following reporting initiatives. 1) Hydrometric Reporting The NPCA Hydrometric Monitoring Program will continue providing near real-time data stream flow, rainfall, and other meteorological information at locations across the watershed to the public by posting to NPCA website (https://npca.ca/watershed-health#flooding-stream-flow-monitoring). 60 of 85 Page 654 of 735 July 19, 2024 NPCA ENHANCED INTEGRATED WATERSHED MONITORING PROGRAM Niagara Peninsula Conservation Authority 53 2) Watershed Report Cards The NPCA will continue with the Watershed Report Card project in partnership with Conservation Ontario. This is an important initiative that contributes to both local and broader watershed reporting across the province. Watershed report cards provide information on surface water, groundwater, forest, and wetland conditions within subwatersheds to promote an understanding of local health and emerging trends as a basis for setting environmental management priorities and inspiring local environmental action (Conservation Ontario 2011). https://npca.ca/images/uploads/common/WRC_NPCA_2023_-_CO.pdf 3) Watershed Monitoring and Reporting Annual Reporting The NPCA Integrated Watershed Monitoring Program will continue its annual reporting (NPCA 2024) and will expand its reporting to incorporate information, data, and monitoring results from the enhanced long-term monitoring program. This comprehensive approach will include detailed insights into water quality, terrestrial monitoring, and groundwater. By integrating these expanded datasets, the program aims to provide a more holistic view of watershed health, facilitating better- informed decision-making and more effective environmental management strategies. 61 of 85 Page 655 of 735 July 19, 2024 NPCA ENHANCED INTEGRATED WATERSHED MONITORING PROGRAM Niagara Peninsula Conservation Authority 54 4) Open Data Portals and Communications The NPCA Integrated Watershed Monitoring Program will expand its use of ArcGIS to begin utilizing data visualization consisting of a dynamic dashboard, storyboard maps as well as data reporting that will be expanded on the NPCA’s web services. These visually descriptive and user-friendly tools are intended to become the main communication instrument for the NPCA’s Long-Term Monitoring Program results. 62 of 85 Page 656 of 735 July 19, 2024 NPCA ENHANCED INTEGRATED WATERSHED MONITORING PROGRAM Niagara Peninsula Conservation Authority 55 5.0 CORPORATE SUPPORT SERVICES NPCA’s Integrated Watershed Monitoring Program includes a Corporate Support Services Area that is comprised of several programs that will service the NPCA with crucial monitoring data to inform operational activities across multiple NPCA departments and divisions. Many components in this area have already been implemented previously, however their inclusion in this monitoring area better defines the scope of these programs at the NPCA and continues to allow for integration across NPCA monitoring areas. Therefore, internal monitoring components will be fully identified to facilitate improved collaboration and potentially allow for additional resources to meet program capacity. The type and number of Corporate Support Services that the NPCA implements is dynamic and driven by NPCA program and project needs. 5.1 Program Goal • The goal of the NPCA Corporate Support Service area is to provide monitoring services and expert advice for NPCA’s internal department programs and projects. 5.1.1 Environmental Permissions The NPCA will continue to maintain the Environmental Permissions monitoring program as described in Section 2.6, which is a requirement of MECP and Public Health Units to support a variety of environmental permissions that are related to NPCA’s Conservation Area services and infrastructure. These include MECP Environmental Certificate Approvals (ECAs), MECP Permit-to-Take-Water and Small Drinking Systems Public Health Directives. The Environmental Permissions monitoring programs are summarized in Table 20 with corresponding Department leads and Department Integration for implementation. 63 of 85 Page 657 of 735 July 19, 2024 NPCA ENHANCED INTEGRATED WATERSHED MONITORING PROGRAM Niagara Peninsula Conservation Authority 56 Table 21: Summary of NPCA Environmental Permissions Environmental Permissions Department Lead(s) Department Integration MECP Environmental Certificate Approvals Sewage Works-Balls Falls and Long Beach Conservation Areas Conservation Areas Department and Environmental Planning and Policy Division Watershed Monitoring and Reporting Division MECP Permit-to-Take-Water Binbrook and Virgil Conservation Areas Flood Risk Management Division Conservation Areas Department Public Health Directives Small Drinking Water Systems Binbrook and Virgil Conservation Areas Conservation Areas Department Watershed Monitoring and Reporting Division 5.1.2 Conservation Areas Beach Monitoring Program The NPCA will continue Conservation Areas Beach Monitoring Program as described in Section 2.3.2. Samples will continue to be collected at Long beach Conservation and Chippawa Creek Conservation Areas and analyzed for E. coli during the regular beach season. Data will continue to be posted on the NPCA webpage and be used to determine long-term trends in the water quality at NPCA swimming areas over time. This program will not be used to identify public health risks when swimming in natural water bodies. The Conservation Areas Department with continue as departmental lead with the program integration occurring where Watershed Monitoring and Reporting staff will be conducting the field program and potentially providing internal data analysis as requested. The Conservation Areas Beach Monitoring Program is summarized in Table 21 with corresponding Department leads and department integration for implementation. Table 21: Summary of NPCA Conservation Beach Monitoring Program Program Monitoring Component Department Lead Department Integration Conservation Areas Beach Monitoring- Long Beach Conservation Area Chippawa Creek Conservation Area E. coli sample collections Weekly (June to early September) Conservation Areas Department Watershed Monitoring and Reporting Division 64 of 85 Page 658 of 735 July 19, 2024 NPCA ENHANCED INTEGRATED WATERSHED MONITORING PROGRAM Niagara Peninsula Conservation Authority 57 5.1.3 Restoration Monitoring Program The NPCA will continue to utilize the existing restoration monitoring program described in Section 2.5. This program will continue to allow NPCA staff to track restoration project progression after implementation and to guide decision-making by adaptive management. This program will continue to provide the Integrated Watershed Strategies and Restoration Division with data and analysis that will inform future restoration project plans and budgets within this program area. The Integrated Watershed Strategies and Restoration will continue as the lead, with the program integration occurring where Watershed Monitoring and Reporting staff provide long-term data analysis as requested. The Restoration Monitoring Program is summarized in Table 22 with Department leads and Department Integration for implementation. Table 22: Summary of NPCA Restoration Monitoring Program Program Monitoring Component Department Lead Department Integration Restoration Project Monitoring Program  Forest and Wetland Vegetative Communities Integrated Watershed Strategies Department and Restoration Division Watershed Monitoring and Reporting Division 5.1.4 Conservation Management Plans Program The NPCA 10-year 2021-2031 Strategic Plan relies on Conservation Area Management Plans to achieve its goal of managing NPCA lands in part to increase biodiversity, habitat connectivity, and natural cover. Conservation Area Management plans are practical tools that outline the goals and strategies for natural areas. These plans provide a clear direction for managing the land towards these goals, guiding day-to-day decisions, and addressing complex challenges. Management plans involve input from various stakeholders to ensure that decisions are based on up-to-date science. The NPCA Corporate Support Services Monitoring area intends to support the preparation of NPCA Conservation Management Plans by providing environmental monitoring and inventory resources. These could include a range of environmental studies to establish baseline data to inform management plan decisions. Table 23 summarizes a list of monitoring components that can be made available. 65 of 85 Page 659 of 735 July 19, 2024 NPCA ENHANCED INTEGRATED WATERSHED MONITORING PROGRAM Niagara Peninsula Conservation Authority 58 Table 23: Summary of NPCA Conservation Management Plans Program Program Monitoring Component Department Lead Department Integration Conservation Area Management Plan Program  Hydrometric Surveys  Groundwater Characterization  Terrestrial Monitoring and Inventories  Aquatic Monitoring and Inventories Land Planning Division and Conservation Area Watershed Monitoring and Reporting Division Conservation Areas Department Flood Risk Management Division 5.1.5 Conservation Lands Ecological Monitoring The Conservation Lands Ecological Monitoring Program will continue in a modified format to allow the NPCA to conduct specialized ecological monitoring programs that fall outside the scope of NPCA’s Long-Term Monitoring area. This program is flexible and can be expanded to include specialized monitoring components customized for a specific purpose within NPCA Conservation Areas and owned lands. This program will continue to provide the NPCA with data and analysis that will inform Conservation Area ecological management. The Conservation Lands Ecological Monitoring Program is summarized in Table 24 with corresponding department integration for implementation. Table 24: Summary of NPCA Conservation Lands Ecological Program Program Monitoring Component Department Lead Department Integration Conservation Lands Ecological Monitoring  Hydrometric Surveys  Groundwater Characterization  Terrestrial Monitoring and Inventories  Aquatic Monitoring and Inventories Land Planning Division and Conservation Area Watershed Monitoring and Reporting Division Conservation Areas Department Flood Risk Management Division 5.1.6 Climate Change Recognizing the increased importance of climate change as a driver for watershed health and quality of life in the NPCA watershed, the NPCA’s 2021-2031 Strategic Plan includes numerous climate-related actions across several strategic priorities. These actions will be implemented to guide the NPCA’s 66 of 85 Page 660 of 735 July 19, 2024 NPCA ENHANCED INTEGRATED WATERSHED MONITORING PROGRAM Niagara Peninsula Conservation Authority 59 efforts to address local climate impacts through on-the-ground projects. Monitoring data will form the basis of climate-related projects and initiatives to retain and promote climate resiliency. This monitoring area will also demonstrate the NPCA’s leadership with its watershed partners and the public. As the NPCA continues to develop and expand its climate change initiatives, the NPCA’s IWMP Long-Term Monitoring Program Area will play a critical role in supporting these initiatives as noted in Table 25. Table 25: Climate Change Monitoring Supporting Programs Program Monitoring Component Department Lead Department Integration Climate Change  Water Quantity  Groundwater Quantity  Surface Water Quality  Surface Water Ecology  Terrestrial Ecology Land Planning Division and Conservation Area Watershed Monitoring and Reporting Division Conservation Areas Department Flood Risk Management Division 5.1.7 Low Impact Development Monitoring The NPCA has begun incorporating Low Impact Development (LID) projects into its own property infrastructure to address stormwater runoff that could result in erosion, sedimentation, and pollution. The NPCA’s IWMP will a play pivotal role in supporting the environmental monitoring of the NPCA’s LID projects by leveraging internal expertise and resources. The IWMP can oversee comprehensive monitoring programs that track the effectiveness of LID measures, such as permeable pavements, infiltration trenches, bioswales, and rain gardens, in reducing runoff and improving water quality. Depending on the LID project, data can be collected and analyzed on various environmental parameters, including water quality, water levels, and biodiversity, to assess the impact of LID projects. The LID Monitoring Program is summarized in Table 26. This program will help to ensure that LID strategies are effectively contributing to the resilience and health of local ecosystems by providing assessment data. Table 26: LID Monitoring Supporting Programs Program Monitoring Component Department Lead Department Integration LID Monitoring  Water Quantity  Groundwater Quantity  Surface Water Quality  Surface Water Ecology  Terrestrial Ecology Conservation Areas Department Watershed Monitoring and Reporting Division Infrastructure Engineering and Asset Management Division 67 of 85 Page 661 of 735 July 19, 2024 NPCA ENHANCED INTEGRATED WATERSHED MONITORING PROGRAM Niagara Peninsula Conservation Authority 60 5.1.8 Community Science Monitoring The NPCA Community Outreach and Engagement team will continue to implement the Community Science Monitoring program described in Section 2.7. This program partners with citizens and NGOs to actively participate in the protection and preservation of local ecosystems. This program can inform NPCA with developing training sessions and providing resources for members of our watershed community to collect data on various aspects of the environment, such as climate monitoring, water quality, wildlife populations, and habitat health. This approach can generate valuable scientific data and foster a sense of stewardship and connection to the watershed among participants. Depending on the type of community science monitoring projects, the IWMP is flexible to utilize supporting departments, and these are shown in Table 27. Table 27: Community Science Monitoring Supporting Program Program Monitoring Component Department Lead Department Integration Community Science Monitoring  Water Quantity  Groundwater Quantity  Surface Water Quality  Surface Water Ecology  Terrestrial Ecology Watershed Strategies and Climate Change Department Climate Change and Special Projects Division Watershed Monitoring and Reporting Division Flood Risk Management Division 5.1.9 Special Projects The NPCA IWMP is structured to incorporate internal monitoring special projects that emerge outside of defined programs. The flexibility of the IWMP allows the program to address specific environmental concerns or emerging issues by leveraging internal resources and expertise. By integrating these special internal monitoring projects, the IWMP enhances NPCA’s ability to deliver precise, actionable insights and support adaptive management strategies, ensuring the sustainable management of watershed resources. 68 of 85 Page 662 of 735 July 19, 2024 NPCA ENHANCED INTEGRATED WATERSHED MONITORING PROGRAM Niagara Peninsula Conservation Authority 61 6.0 MONITORING SERVICE PROVIDER The IWMP includes a Monitoring Service Provider Area with the intent of highlighting the NPCA’s potential as an environmental monitoring service provider to its watershed partners such as municipalities, provincial and federals agencies as well as private companies. The NPCA has a dedicated team of experts specializing in hydrometric, groundwater, surface water, and terrestrial monitoring programs. Utilizing state-of-the-art technologies, monitoring protocols, and data analyses, the NPCA is equipped to offer small-scale monitoring services. Through strategic communication with partners and planning, NPCA's monitoring, and inventory services can be expanded with additional resources (equipment and training) and staff to enhance data collection, analysis, and reporting capabilities for larger-scale projects. 6.1 Program Goal • The goal of the NPCA Monitoring Service Provider Area is to provide environmental monitoring services to external partners within the NPCA watershed. 69 of 85 Page 663 of 735 July 19, 2024 NPCA ENHANCED INTEGRATED WATERSHED MONITORING PROGRAM Niagara Peninsula Conservation Authority 62 6.2 Monitoring Provider Services Project Intake Process The NPCA currently has three Service Provider monitoring services, and these are summarized in Table 28. Table 28: Existing Monitoring Provider Services Current Monitoring Services Provided Program Details Municipal Environmental Monitoring Glanbrook Landfill Biomonitoring Program The City of Hamilton contracts the NPCA biennially to monitor benthic macroinvertebrates upstream and downstream of the Glanbrook Landfill to assess any landfill impacts to the adjacent watercourses. NPCA generates a separate report to the City of Hamilton for their exclusive information and use. Municipal Environmental Monitoring Regional Water Quality Monitoring The NPCA receives funding to monitor ambient water quality of streams and rivers throughout the Niagara Region’s municipal jurisdiction. The data collected through this program is shared with the municipality and the NPCA generates an annual report summarizing water quality exceedances and overall trends. Private Environmental Monitoring Services Hamilton Airport Biomonitoring Program The Hamilton International Airport (HIA) contracts the NPCA to monitor macroinvertebrates to determine if stormwater runoff and de-icing fluids are impacting surface water quality in two headwater tributaries of the Welland River. NPCA generates a separate report to the HIA for their exclusive information and use. In addition to the current service provider programs, it has been anticipated that the NPCA watershed partners, such as the municipalities, may wish to utilize the NPCA’s environmental monitoring services for a variety of areas and these include. 1) Secondary Plans-Subwatershed Studies: Characterization and Pre and Post Construction Monitoring 2) Consolidated Linear Infrastructure Environmental Compliance Approval (CLI-ECA) Applications for Stormwater Management Systems: Performance Monitoring 3) Municipal Greening Targets: Environmental Inventories 4) Low Impact Development: Performance Monitoring 70 of 85 Page 664 of 735 July 19, 2024 NPCA ENHANCED INTEGRATED WATERSHED MONITORING PROGRAM Niagara Peninsula Conservation Authority 63 5) Long-Term Environmental Monitoring in Growth Areas: Environmental Inventories The NPCA has formed a project intake team which has designed an intake process for Monitoring Service Provider projects which involves several systematic steps to ensure potential projects are well- defined, feasible, and aligns with the NPCA’s organization goals and regulatory requirements. The detailed steps required for the IWMP’s Monitoring Service Provider Project Intake Process are as follows in Table 29: Table 29: Monitoring Service Provider Project Intake Process Intake Process Step Program Details 1. Initial Consultation • Stakeholder Engagement: Engage with stakeholders to understand their needs, concerns, and objectives. • Define Objectives: Clearly define the goals of the monitoring project (e.g., water quality assessments, ecological inventories, water quantity). • Data Requirements: Identify the types of data required (e.g., physical, chemical, biological parameters). • Regulatory Compliance: Review relevant environmental regulations and guidelines to ensure compliance. 2. Project Proposal Development • Scope Definition: Outline the scope of the project, including geographic boundaries, time frame, and specific parameters to be monitored. • Methodology: Develop a detailed methodology for data collection, analysis, and reporting. • Budget Estimation: Estimate the budget required, including equipment, personnel, and other resources. • Risk Assessment: Identify potential risks and challenges to completing the project and propose mitigation strategies. 3. Feasibility Study • Technical Feasibility: Assess the technical feasibility of the project, including the availability of necessary equipment and technology. • Operational Feasibility: Evaluate the operational feasibility, considering logistical aspects and the availability of skilled personnel. • Financial Feasibility: Ensure that the project is financially viable within the budget constraints. 4. Project Approval and Funding • Proposal Submission: Submit the project proposal. • Review and Feedback: Address any feedback or queries from the reviewing authority. • Funding Approval: Secure funding and ensure financial resources are allocated appropriately. 71 of 85 Page 665 of 735 July 19, 2024 NPCA ENHANCED INTEGRATED WATERSHED MONITORING PROGRAM Niagara Peninsula Conservation Authority 64 By utilizing the Monitoring Service Provider Project Intake Process the NPCA can ensure that environmental monitoring projects are thoroughly planned, effectively executed, and yield reliable data and reporting for clients. 72 of 85 Page 666 of 735 July 19, 2024 NPCA ENHANCED INTEGRATED WATERSHED MONITORING PROGRAM Niagara Peninsula Conservation Authority 65 7.0 Integrated Watershed Monitoring Program Implementation The NPCA is optimally positioned to implement the IWMP as a key part of its strategic core service delivery by leveraging its existing monitoring efforts to transition to the integrated approach. The NPCA’s current resources include established monitoring programs, trained monitoring staff, advanced equipment, regular reporting intervals, robust database management systems, GIS capabilities, and sophisticated web-based tools. Additionally, the NPCA’s programs are already well-recognized across the watershed. Designed with flexibility, the NPCA’s current monitoring programs can expand with strategic incremental investments, allowing for the integration of additional monitoring components to effectively identify and understand watershed stressors. The NPCA’s IWMP will utilize the robust Long-Term Monitoring Programs as its foundation for expanded monitoring. These anchor programs benefit from stable funding, supportive partners, and mandated roles, ensuring a reliable and consistent framework. The NPCA’s extensive experience and proven track record in running these programs make it the ideal basis for developing a comprehensive, integrated monitoring system. By building on these established programs, the NPCA can support various internal and external monitoring initiatives. 73 of 85 Page 667 of 735 July 19, 2024 NPCA ENHANCED INTEGRATED WATERSHED MONITORING PROGRAM Niagara Peninsula Conservation Authority 66 7.1 Financial Considerations The Conservation Authorities Act and O. Reg. 686/21: Mandatory Programs and Services, sets out mandatory and non-mandatory programs and services for Conservation Authorities to provide for its jurisdictional area and these are funded in different ways Table 30. Table 30: Conservation Authorities Program and Service Categories CA Act Description Category 1 Mandatory programs and services as identified in Ontario Regulation 686/21 that can be funded through a municipal levy. Category 2 Municipal programs and services provided at the municipality's request. These programs can be funded through government and other agency grants and/or municipal funding under a memorandum of understanding (MOU) or agreement with the municipality. Category 3 Other programs and services that an Authority (Board) determines are advisable. These programs can be funded through self- generated revenue, user fees, government and other agency grants, donations, etc. Any use of municipal funding will require an agreement and would be subject to cost apportioning. The NPCA’s IWMP incorporates several programs and services designated as Category 1 that are essential for compliance with regulatory requirements and for the effective management and protection of watershed resources. These components include: • Flood Forecasting and Hydrometric Monitoring • Provincial Surface Water Quality Monitoring Program (PWQMN) • Provincial Groundwater Monitoring Network (PGMN) • Monitoring and Environmental Inventory Activities on NPCA-owned Lands to inform the management of lands The NPCA’s IWMP also incorporates several programs and services that fall under Category 2 or 3 non-mandatory program or service classifications as per the Conservation Authorities Act. These include: • Expanded Surface Water Quality Monitoring • Expanded Groundwater Quality Monitoring 74 of 85 Page 668 of 735 July 19, 2024 NPCA ENHANCED INTEGRATED WATERSHED MONITORING PROGRAM Niagara Peninsula Conservation Authority 67 • Stream Benthic Macroinvertebrates Monitoring • Fish Communities Monitoring • Watershed Landscape Analysis • Restoration Monitoring • Community Science Monitoring These non-mandatory services are partially funded through service-level agreements with municipal partners or external funding sources. In accordance with the transition requirements under the Conservation Authorities Act, the NPCA has entered into Service Level Agreements with the watershed participating municipalities of Niagara Region, City of Hamilton and Haldimand County, for non- mandatory Category 2 and 3 program services, and costs associated with the programs and services are to be reviewed on an annual basis as part of the NPCA’s annual budget approval process. Lower- tier municipalities in Niagara Region, which are not levied for NPCA programs and services, can also enter into agreements of services for a fee-for-service basis when a local municipality wishes to engage NPCA to provide services, such as monitoring, data analysis and reporting. Additionally, staff are proactively seeking external funding opportunities such as: • Partnerships: working with a mix of existing and new partners to fund and complete projects that meet our shared goals. • Grants: external funding sources, such as Federal and Provincial grant programs will be targeted to help support projects in all program areas. • Niagara Peninsula Conservation Foundation (NPCF): collaborating with the NPCF to increase funding for IWMP initiatives through donations and giving programs. • Fee-for-service: leveraging the NPCA’s skills and expertise to increase self-generated revenue. A Watershed-based Resource Management Strategy, to be developed by the end of 2024, as required under the Conservation Authorities Act and O. Reg. 686/21: Mandatory Programs and Services, will assist NPCA with evolving and enhancing its programs and services to address or manage local watershed triggers, issues, or risks. The Watershed-based Resource Management Strategy will include identifying Category 2 and 3 programs and services such as the IWMP, with cost estimates, that are recommended to support the delivery of mandatory programs and services. Conventional funding approaches to implement the IWMP will be combined with opportunities to seek external grants and innovative approaches to leverage various sources of funding. Future costs will be determined by the program's scope, staffing requirements and uptake and interest by partners and funders. 75 of 85 Page 669 of 735 July 19, 2024 NPCA ENHANCED INTEGRATED WATERSHED MONITORING PROGRAM Niagara Peninsula Conservation Authority 68 7.2 Standard Operating Procedures The NPCA considers Standard Operating Procedures (SOPs) important for the effective implementation of the Integrated Watershed Monitoring Program. SOPs ensure consistency, reliability, and accuracy in data collection and analysis. By providing detailed, standardized guidelines for every aspect of the monitoring process, SOPs minimize variability and human error, thereby enhancing the credibility and comparability of the results over time and across different locations. SOPs facilitate training and competency for NPCA staff, ensuring that all personnel perform monitoring tasks uniformly, regardless of their experience level. Additionally, SOPs are essential for regulatory compliance, as they document that proper methodologies are followed, which is critical for meeting legal and environmental standards. The NPCA is currently developing and formalizing SOPs for its various monitoring programs. 7.3 Training Proper training of IWMP staff is crucial for the program's success and effectiveness across all monitoring areas. The NPCA will survey the technical level of IWMP staff and identify training gaps to ensure that staff are well-versed in monitoring protocols, enabling consistent and standardized data collection across different sites. Additionally, thorough training on the use and maintenance of monitoring equipment is vital for obtaining accurate and reliable data. By investing in the proper training of staff, the program can ensure high-quality data collection and analysis, leading to better-informed decision-making and more effective watershed management. 76 of 85 Page 670 of 735 July 19, 2024 NPCA ENHANCED INTEGRATED WATERSHED MONITORING PROGRAM Niagara Peninsula Conservation Authority 69 7.4 Indigenous Knowledge Incorporating indigenous knowledge into NPCA’s IWMP environmental monitoring programs holds significant importance, as it enriches scientific understanding with centuries-old wisdom and local expertise. Indigenous communities possess invaluable insights into their ecosystems, including intricate knowledge of biodiversity, natural resource management, and the subtle signs of environmental change. Integrating this knowledge not only enhances the accuracy and effectiveness of monitoring efforts but also fosters cultural preservation and respect for traditional ways of life. By embracing indigenous perspectives, environmental monitoring programs can cultivate holistic approaches that prioritize sustainability, resilience, and the harmonious coexistence of humanity with the natural world. This collaborative approach bridges the gap between scientific methodologies and indigenous wisdom, promoting more inclusive and equitable conservation strategies that benefit both the environment and indigenous communities. The NPCA seeks to engage with local indigenous communities and individuals through our Public Advisory Committee (PAC) and other opportunities guided by our Indigenous Engagement Guidelines that are being developed, to support the development of a more holistic approach in watershed monitoring that incorporates aspects of Indigenous Traditional Knowledge and an awareness of the watershed spirit, in addition to western science and management objectives. 77 of 85 Page 671 of 735 July 19, 2024 NPCA ENHANCED INTEGRATED WATERSHED MONITORING PROGRAM Niagara Peninsula Conservation Authority 70 8.0 RECOMMENDATIONS AND CONCLUSION 8.1 Recommendations To achieve the NPCA 2021-2031 Strategic Plan Goal 1.1 – Support evidence-based decision-making for climate-resilient watersheds and shoreline, and the objectives of the new IWMP, the following recommendations have been developed to ensure the NPCA's readiness for implementing the program. Each recommendation is accompanied by actions to be implemented by 2031. Recommendation 1 That the NPCA prioritize and enhance the Long-Term Watershed Monitoring program within the Integrated Watershed Monitoring Program, as it is essential for understanding and managing ecosystems, supporting scientific research, conservation initiatives, and inform decision-making to ensure ecosystem resilience against ongoing environmental changes. Action 1.1: Continue to focus long-term monitoring efforts on provincially mandated programs such as Hydrometric, Surface Water, Groundwater, and monitoring on NPCA properties and utilize these programs as a foundation for expanded monitoring. Action 1.2: Where applicable, integrate long-term monitoring efforts and stations between the Monitoring Program Areas. Action 1.3: Ensure IWMP monitoring data remains up to date, addresses data gaps, is transferable and relevant to the NPCA’s partners such as municipalities, governmental agencies, academia, and the public. Recommendation 2: That NPCA will continue to regularly report results of its environmental monitoring programs in an understandable and accessible format to support decision-making by the NPCA and its partners to enhance watershed health and community awareness. Action 2.1: Produce watershed health reports at relevant intervals that summarize key watershed findings. Action 2.2: Provide regular updates on key findings to all internal departments, watershed municipalities, Board of Directors, and other key watershed management partners. Action. 2.3 Transition towards ‘open data’ to establish a platform for sharing data with making most data collected through the IWMP accessible to partners and the public through NPCA web resources. 78 of 85 Page 672 of 735 July 19, 2024 NPCA ENHANCED INTEGRATED WATERSHED MONITORING PROGRAM Niagara Peninsula Conservation Authority 71 Recommendation 3 That NPCA ensures the IWMP has a robust Corporate Support Services Monitoring Area to incorporate internal monitoring components through collaboration, optimize resource allocation, and better define the scope and capacity of crucial monitoring programs and projects across multiple departments and divisions. Action 3.1: Maintain a comprehensive inventory of internal monitoring requirements across NPCA’s departments and divisions. Action 3.2: Develop standardized protocols and guidelines for integrating internal monitoring components into the IWMP. Action 3.3: Continue to utilize the IWMP Working Group to ensure collaboration and coordination of monitoring efforts across NPCA’s departments and divisions. Recommendation 4 That NPCA will continue to increase the capacity of its monitoring and inventory services within the IWMP to enable NPCA to become a comprehensive environmental monitoring provider for watershed partners, including municipalities, provincial and federal agencies, and private companies. Action 4.1: NPCA will establish and strengthen partnerships with municipalities, provincial and federal agencies, and private companies to collaborate on monitoring projects and share resources and expertise. Action 4.2: NPCA will develop and implement training programs for staff to enhance their skills in a variety of monitoring protocols/technologies and data analysis techniques to increase NPCA’s monitoring services’ capacity. Action 4.3: NPCA will invest in monitoring equipment, software and database management to improve data accuracy, collection efficiency, and reporting capabilities. Recommendation 5 That NPCA will continue to collaborate with municipal and community partners, agriculture, academia, and indigenous communities moving forward. Action 5.1: NPCA will work towards building partnership agreements with municipal and community organizations, agricultural bodies, and indigenous communities as appropriate to outline roles, responsibilities, and shared goals within IWMP. 79 of 85 Page 673 of 735 July 19, 2024 NPCA ENHANCED INTEGRATED WATERSHED MONITORING PROGRAM Niagara Peninsula Conservation Authority 72 Action 5.2: The NPCA will organize regular meetings and workshops with municipal and community partners, agricultural representatives, academic institutions, and indigenous communities to share insights, discuss challenges, and coordinate monitoring efforts. Action 5.3: NPCA will explore collaborative research projects with academic institutions and indigenous communities to leverage diverse expertise and traditional knowledge in monitoring and managing watershed health. Recommendation 6 The NPCA will continue to explore efficiencies and innovations to continuously improve the IWMP. Action 6.1: The NPCA will establish a schedule for regular reviews and assessments of the IWMP to identify areas for improvement, incorporate innovative practices, and ensure the program remains at the forefront of environmental monitoring. Action 6.2: NPCA will develop a centralized data management system within the IWMP to streamline the collection, analysis, and sharing of monitoring data, ensuring timely and effective decision-making. Action 6.3: The NPCA will investigate advanced monitoring technologies and automated data collection systems, to enhance the efficiency and accuracy of environmental monitoring. The IWMP Working Group will prioritize the implementation of the Recommendations and Actions through a program workplan supported by a long-term budget plan guided by the Watershed-based Resource Management Strategy. NPCA staff will continue to report to the NPCA Board of Directors the progress and successes of the new IWMP to support healthy and climate resilient watersheds. 80 of 85 Page 674 of 735 July 19, 2024 NPCA ENHANCED INTEGRATED WATERSHED MONITORING PROGRAM Niagara Peninsula Conservation Authority 73 8.2 Conclusion In conclusion, the NPCA’s Integrated Watershed Monitoring Program is a comprehensive and systematic approach essential for understanding and managing the watershed’s ecological, hydrological, and environmental conditions. For the NPCA, this approach is crucial due to the anthropogenic stressors threatening our watershed. By integrating monitoring components such as water quality, hydrometric, ecological, land use and cover monitoring, geospatial data, and community science, the program provides a holistic understanding of watershed functions. This enables informed decision-making for resource management, environmental protection, natural hazard management, and land use planning. The NPCA's 10-year Strategic Plan (2021-2031) has identified an IWMP as a critical priority to achieve strategic goals related to healthy and climate-resilient watersheds, sustainable growth, connecting people to nature, partnership excellence, organizational excellence, and financial sustainability. With existing infrastructure and a completed gap analysis highlighting areas for improvement, the NPCA is well-positioned to implement and expand this program as part of its core service delivery. This will not only enhance the effectiveness of data collection and analysis but also support the NPCA’s vision of a healthy and vibrant environment, ensuring the sustainability of valuable ecosystem services for future generations. 81 of 85 Page 675 of 735 July 19, 2024 NPCA ENHANCED INTEGRATED WATERSHED MONITORING PROGRAM Niagara Peninsula Conservation Authority 74 9.0 REFERENCES Bird Studies Canada (BSC). 2006a. Marsh Monitoring Program Guide to Amphibian Monitoring. Bird Studies Canada (BSC). 2006b. Marsh Monitoring Program Guide to Bird Monitoring. Canadian Council of Ministers of the Environment (CCME). 2001. Canadian Water Quality Index. Canadian Council of Minister of the Environment (CCME). 2003. Canadian Water Quality Guidelines for the Protection of Aquatic Life. Canadian Environmental Quality Guidelines. Conservation Ontario. 2022. Guide to Developing 2023 Conservation Authority Watershed Report Cards. Newmarket. de Solla, S., A. De Silva and R Letcher. 2012. Highly elevated levels of perflurooctane sulfonate and other perfluorinated acids found in biota and surface water downstream of an international airport, Hamilton, Ontario, Canada. Environment International 39:19-26. Griffiths, R.W. 1999. BioMAP: Bioassessment of Water Quality. The Centre for Environmental Training, Niagara College: Niagara-on-the-Lake, Ontario. Hilsenhoff, W.L. 1987. An Improved Biotic Index of Organic Stream Pollution. Michigan Entomology Society. 20(11):9-13. Jones, C., K. Somers, B. Craig, and T. B. Reynoldson. 2005. Ontario Benthos Biomonitoring Network Protocol Manual: Version 1.0. Ontario Ministry of Environment: Dorset, Ontario. Ministry of Environment Conservation and Parks. 2020. The Provincial Water Quality Monitoring Network (PWQMN) A Comprehensive Guide. Government of Ontario, Toronto. Ministry of Environment Conservation and Parks. 2018. Provincial Groundwater Monitoring Network Sampling Protocol. A Guide to the Collection and Submission of Groundwater Samples for Analysis. MECP Environmental Monitoring and Reporting Branch. Government of Ontario, Toronto. Niagara Peninsula Conservation Authority. 2024. NPCA Water Quality Monitoring Program: 2023 Report. Niagara Peninsula Conservation Authority. Welland. Ontario. Ontario Ministry of the Environment (OMOE), 1994. Water Management, Policies, Guidelines and Provincial Water Quality Objectives. Government of Ontario: Toronto. Ontario Ministry of the Environment (OMOE). 2003. Technical Support Document for Ontario Drinking Water Standards, Objectives, and Guidelines. Government of Ontario, Toronto. 82 of 85 Page 676 of 735 July 19, 2024 NPCA ENHANCED INTEGRATED WATERSHED MONITORING PROGRAM Niagara Peninsula Conservation Authority 75 Ontario Ministry of the Environment (MOE). 2003. Stormwater Management Planning and Design Manual. Queen’s Printer. Ottawa, Ontario. March 2003. http://www.ontario.ca/document/stormwater- management-planning-and-design-manual Ontario. Ministry of Health. Recreational water protocol, 2019. Toronto, ON: Queen’s Printer for Ontario; 2019 https://www.health.gov.on.ca/en/pro/programs/publichealth/oph_standards/docs/protocols_guidelines/ Recreational_Water%20Protocol_2019_en.pdf Ontario Ministry of Natural Resources. 1985 Ontario Snow Surveying Manual. Government of Ontario: Toronto. Roberts-Pichette, P. and L. Gillespie. 1999. Terrestrial Vegetation Biodiversity Monitoring Protocols. EMAN Occasional Paper Series Report No 9. EMAN Coordinating Office. Burlington, Canada. Stanfield, L. 2017. Ontario Stream Assessment Protocol. Version 10.0, Fish and Wildlife Branch. Ontario Ministry of Natural Resources. Peterborough, Ontario. 546 pp. Toronto and Region Conservation Authority (TRCA). 2016. Wetland Vegetation Monitoring Protocol - Terrestrial Long-term Fixed Plot Monitoring Program – Regional Watershed Monitoring and Reporting. 83 of 85 Page 677 of 735 July 19, 2024 NPCA ENHANCED INTEGRATED WATERSHED MONITORING PROGRAM Niagara Peninsula Conservation Authority 76 Niagara Peninsula Conservation Authority 3350 Merrittville Hwy #9 Thorold, ON L2V 4Y6 www.npca.ca 84 of 85 Page 678 of 735 Appendix 2: Niagara Peninsula Conservation Authority Enhanced Integrated Watershed Monitoring Program Conceptual Model 85 of 85 Page 679 of 735 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 July 29, 2024 CL 11-2024, July 25, 2024 CSC 7-2024, July 10, 2024 CSD 31-2024, July 10, 2024 LOCAL AREA MUNICIPALITIES SENT ELECTRONICALLY Development Charges Act – Exemption for Affordable and Attainable Residential Units CSD 31-2024 Regional Council, at its meeting held on July 25, 2024, passed the following recommendation of its Corporate Services Committee: That Report CSD 31-2024, dated July 10, 2024, respecting Development Charges Act – Exemption for Affordable and Attainable Residential Units, BE RECEIVED and the following recommendations BE APPROVED: 1. That staff BE DIRECTED to draft a formal policy and procedures related to the authority and administration of the new affordable residential development charge (DC) exemption established by section 4.1 of the Development Charges Act, 1997 (DC Act) to be brought forward to Council at a later date; 2. That Regional Council DELEGATE temporary authority to the CAO and Commissioner of Corporate Services/Treasurer to execute affordable residential DC exemption agreements and other associated documents, including without limitation, registration of charges and postponements of interest, to secure affordable housing units in accordance with section 4.1 of the DC Act and this report, as an interim measure until such time as a policy is approved; provided that the template Agreements are provided to the Corporate Services Committee for review; 3. That, in the absence of a standard form of agreement established by the Minister of Municipal Affairs and Housing, staff, in consultation with Director of Legal Services, BE DIRECTED to prepare a form of agreement securing the requirements of Section 4.1 of the DC Act and this report; and 4. That a copy of this report BE FORWARDED to all Niagara Local Area Municipalities. Page 680 of 735 Page 2 A copy of Report CSD 31-2024 is enclosed for your reference. Yours truly, Ann-Marie Norio Regional Clerk :ab CLK 2024-081 cc: B. Brens, Associate Director, Budget Planning & Strategy D. Carnegie, Deputy Chief Administrative Officer/ Commissioner Corporate Services Page 681 of 735 CSD 31-2024 July 10, 2024 Page 1 Subject: Development Charges Act – Exemption for affordable and attainable residential units Report To: Corporate Services Committee Report date: Wednesday, July 10, 2024 Recommendations 1. That staff BE DIRECTED to draft a formal policy and procedures related to the authority and administration of the new affordable residential development charge (DC) exemption established by section 4.1 of the Development Charges Act, 1997 (DC Act) to be brought forward to Council at a later date; 2. That Regional Council DELEGATE temporary authority to the CAO and Commissioner of Corporate Services/Treasurer to execute affordable residential DC exemption agreements and other associated documents, including without limitation, registration of charges and postponements of interest, to secure affordable housing units in accordance with section 4.1 of the DC Act and this report, as an interim measure until such time as a policy is approved; 3. That, in the absence of a standard form of agreement established by the Minister of Municipal Affairs and Housing, staff, in consultation with Director of Legal Services, BE DIRECTED to prepare a form of agreement securing the requirements of Section 4.1 of the DC Act and this report; and 4. That a copy of this report BE FORWARDED to all Niagara Local Area Municipalities. Key Facts • The purpose of this report is to seek Council’s approval to provide temporary authority to the CAO and Commissioner of Corporate Services/Treasurer to execute affordable residential DC exemption agreements and other associated documents, including without limitation, registration of charges and postponements of interest, as an interim measure pending completion and Council approval of a formal policy to implement the new affordable residential exemption established under the DC Act. • Supporting delegated authority for these agreements and other associated documents on a temporary basis allows Regional staff to provide agreements on a more timely basis to developers. Alternatively, without a policy in place Council would be required to provide approval to execute these agreements which would delay the building permit process for developers. Page 682 of 735 CSD 31-2024 July 10, 2024 Page 2 • In April 2024, the Province announced that June 1, 2024 would be named as the date of proclamation for Section 4.1 of the DC Act which puts into effect a full exemption of DCs for affordable and attainable residential units, as both terms are defined in the DC Act. As this exemption exists within the DC Act, implementation is mandatory across all municipalities and regions across the Province. • DC exemptions for Attainable Units are also included within Section 4.1 of the DC Act, however these exemptions are not currently in effect pending further regulations by the Minister of Municipal Affairs and Housing. • Staff are consulting with our upper-, lower- and single-tier municipal partners with regard to policy and process of implementing the new statutory DC exemption and the legal mechanisms to ensure the exemption is provided only to qualifying developments. A formal policy will be brought forward to Council at a future date once staff have been able to consider all policy, procedural and legal implications of the new statutory exemption. Financial Considerations The full financial considerations associated with this report are unknown at this time. Staff are not able to estimate the number of residential units that will qualify and utilize this DC exemption. This exemption will result in lost DC revenue for the Region that could otherwise be used to pay for increased capital costs associated with increased needs for services arising from development. To support the Region’s growth related infrastructure needs this DC exemption will be funded from the general levy in the same manner as other DC grants/incentives. Staff do not expect a significant financial impact as a result of the low affordability thresholds across the Region as established by the bulletin (appendix 1) and the current high costs of construction. A developer who, but for the exemption, would be required to pay DCs must enter into an agreement with the relevant local area municipality and the Region that requires the residential unit to which the exemption applies to be an affordable residential unit for a period of 25 years. Any such agreement may be registered against the land to which it applies and the local area municipalities and/or the Region are entitled to enforce the provisions of the agreement against the owner and against any and all subsequent owners of the land. The process of drafting, executing and monitoring legal agreements associated with this affordable DC exemption for the period of 25-years places an administrative burden on regional staff. Due to the administrative costs associated with this process an update to the Region’s Fees and Charges By-law may be required to appropriately recover the Page 683 of 735 CSD 31-2024 July 10, 2024 Page 3 administrative costs to the Region. Currently, the Niagara Region’s Fees and Charges By-law 2023-90 includes a Development Charge Agreement fee of $570 per agreement. Staff will need to review this fee to determine if it appropriate captures the staff time required to complete, execute, and monitor these 25-year agreements. The Region will retain the ability to collect any DCs owing on a project if a residential unit ceases to remain affordable at any time during the statutory 25-year term secured by way of an agreement entered into and registered on title pursuant to subsections 4.1(9) and 4.1(13) of the DC Act. Failure to comply with the terms of the agreement will constitute an event of default rendering any exempt DCs immediately due and payable. Per Section 32(1) of the DC Act the Region is permitted to add any unpaid DCs to the tax roll of the property in the event a developer/owner defaults on their agreement and does not pay any applicable Regional Development Charges. In the case of default there would be additional administrative costs associated with collecting unpaid DC’s through the tax roll or exercising the Region’s rights under a charge/mortgage. Analysis Exemptions for affordable residential units were included in the More Homes Built Faster Act (Bill 23), enacted by the Province on November 28, 2022. While the legislation was enacted in November 2022, municipalities were not able to implement the exemptions pending publication by the Minister of Municipal Affairs and Housing of an “Affordable Residential Units for the Purposes of the Development Charges Act, 1997 Bulletin.” The purpose of the bulletin is to establish the market-based (i.e., average purchase prices and market rents) and income-based thresholds that are to be used to determine the eligibility of a residential unit for an exemption from DCs. Additionally, at the time of Bill 23 being enacted a date of proclamation was not yet set by the Minister for Section 4.1 of the DC Act which includes details of the exemption for affordable and attainable residential units. In April 2024, the Province announced June 1, 2024 as the date of proclamation for Section 4.1 of the DC Act and released the Affordable Housing Bulletin which provides the Affordable Unit Prices (ownership and rental) that will be used to determine eligibility for the affordable housing DC exemption. This means that as of June 1, 2024, all lower-, upper- and single-tier municipalities across the Province are required to fully exempt residential units meeting the DC Act’s definition of affordable and attainable from the payment of DCs. Page 684 of 735 CSD 31-2024 July 10, 2024 Page 4 Itis important for Council to note that while Section 4.1 of the DC Act includes details of a full exemption of DCs for both affordable and attainable residential units that the Minister of Municipal Affairs and Housing has not yet provided details of the prescribed development or class of developments which will be eligible for the attainable residential unit exemption. As a result, this portion of the legislation is currently inoperative until further notice as no units can currently meet the definition of attainable under the DC Act. This report will only be providing commentary and details regarding the affordable residential unit exemption at this time. For a residential unit to receive a full DC exemption as an affordable residential unit Section 4.1 of the DC Act states that the unit must be intended to be an affordable residential unit for a period of 25-years or more from the time that the unit is first rented or sold. A developer looking to obtain this exemption must enter into an agreement with the Region and local area municipality (LAM) that requires the unit to remain affordable for this 25-year period. Subsection 4.1(12) of the DC Act states that the Minister of Municipal Affairs and Housing may establish standard forms of agreement that shall be used for the purposes of securing affordable residential unit DC exemptions. At this time the Minster has not established any standard forms of agreement, meaning that the Region and the local area municipalities will have to establish their own forms of agreements including appropriate legal mechanisms to secure the affordability period and recover unpaid DCs in the event of default. If at any time during the affordability period the unit ceases to be affordable as per the Minister’s definition, DCs will then become immediately due and payable. Pursuant to subsection 4.1(13) of the DC Act the agreement may be registered against the land to which it applies and the municipality is entitled to enforce the provisions of the agreement against the owner and, subject to the Registry Act and the Land Titles Act, against any and all subsequent owners of the land. Pursuant to subsection 4.1(7) affordable residential units must also be sold or rented on an arm’s length basis which is to be determined based on section 251 of the Income Tax Act (Canada) with necessary modifications. For ownership housing, a unit would be considered affordable when the purchase price is at or below the lesser of: • Income-based purchase price: A purchase price that would result in annual accommodation costs equal to 30% of a household’s gross annual income for a Page 685 of 735 CSD 31-2024 July 10, 2024 Page 5 household at the 60th percentile of the income distribution for all households in the local municipality; and • Market-based purchase price: 90% of the average purchase price of a unit of the same unit type in the local municipality. For rental housing, a unit would be considered affordable when the rent is at or below the lesser of: • Income-based rent: Rent that is equal to 30% of gross annual household income for a household at the 60th percentile of the income distribution for renter households in the local municipality; and • Market-based rent: Average market rent of a unit of the same unit type in the local municipality. Appendix 1 outlines the affordable ownership and affordable rental housing thresholds for all twelve Area Municipalities in the Niagara Region as provided in the Bulletin (https://www.ontario.ca/page/municipal-development-and-community-benefits-charges- and-parklands#section-4). Throughout the month of May, 2024 the Region hosted three virtual information and discussion sessions to discuss the affordable residential DC exemption. Invitations were sent to representatives from Finance, Planning and Building Departments at all twelve LAMs. These sessions had over 50 attendees with representation from all twelve LAMs. These sessions included brainstorming and idea sharing regarding the policy items that should be considered when drafting standard forms of agreements to mitigate risk to the Region and LAMs. There was consensus during these sessions that to minimize confusion for developers that it would be beneficial for the LAMs and Region to endeavour to share one standard form of agreement. The Region has considered the comments and feedback obtained during these sessions as a part of this report and will continue to work towards the development of a standardized agreement with the LAMs to the extent possible. It is important to note that there is no requirement under the DC Act for the Region and LAM to have the same form of agreement, therefore each individual LAM must determine the details of what they would like included in their agreements. Since DCs are payable to both the LAM and Region as part of the DC collection process, each level of government must enter into an agreement with a developer for them to obtain this exemption per the DC Act. Page 686 of 735 CSD 31-2024 July 10, 2024 Page 6 Currently, staff are consulting with our internal legal as well as our peer upper tier municipalities across the province to determine how best to protect our financial interests and ensure that units qualifying for this exemption remain affordable for the period of 25-years consistent with the requirement of the legislation. Staff are seeking to create an appropriate balance between risk mitigation, administrative simplicity and market realities so as not deter the development community from accessing the exemption. Staff are recommending that the following policy considerations be included within our agreements with developers. These items are not mandatory under the DC Act but are in staff’s opinion necessary to strike an appropriate balance. These policy considerations are as follows: • That the Region put in place separate standard forms of agreement for affordable ownership and affordable rentals due to the differences in documentation required for the Region to validate continued affordability over the agreement’s 25-year duration. • That as an enforcement mechanism pursuant to the right of the municipality to register these agreements on title; the Region include criteria for postponement within our agreements and charge documents which allows for postponement of the Region’s interest only to a bank mortgage in the amount of the loan equal to the value of the unit based on the bank appraisal minus the amount of DCs payable but for the exemption. Postponement means subordination of one’s secured interest to a subsequent secured interest. Including criteria for postponement in our agreements is a practical item which will ensure an individual purchasing a property with an agreement registered on title will be able to obtain a mortgage on the property. Without postponement criteria, some banks may deny a mortgage on a property to protect their rights to repayment, this will make this agreement less of a barrier to this exemption being utilized while also protecting the Region’s interest. For example, Mortgagee A ranking in priority to Mortgagee B is entitled to have its loan repaid first and Mortgage B is entitled to a repayment of its loan only to the extent of any excess of proceeds of sale after Mortgagee A’s loan has been fully repaid. • That if a unit ceases to meet the affordability thresholds as updated by the Province on an annual basis that prorated DCs based on the amount of time the unit remained affordable will become immediately due payable subject to interest at the Bank of Canada rate (currently 4.75%). • That at building permit issuance, a developer must show proof of executed and registered section 4.1 Agreement. • That at occupancy permit, a developer must confirm that the completed units are in fact affordable by providing to the Region sales documents or lease agreements. If Page 687 of 735 CSD 31-2024 July 10, 2024 Page 7 these are not available at the time of occupancy permit the developer has 90 days to provide these documents or DCs will become payable. • That the Region has the right at any time during the 25-year agreement to conduct an audit of affordability and request documents to evidence the units continued affordability. • For rentals: that on an annual basis landlords must provide rent rolls/lease information to support continued affordability. • In instances where a developer is unable to have an agreement executed and registered prior to building permit issuance, due to timing constraints, that DCs may be paid upfront and later be refunded as long as an agreement is entered into within 90 days of building permit issuance. • That agreements be subject to a development charge agreement fee consistent with the Niagara Region’s Fees and Charges By-law ($570 per 2023-90) related to staff time for implementation and administration of this program. At this time staff are recommending that a formal policy related to this DC exemption be brought forward to Council at a later date. At the time of this report conversations are ongoing with our peers at other municipalities and Regions regarding their approach to the administration of this new exemption. Council’s approval of the temporary authority as outlined in this report will allow staff to continue working towards a policy and standard form of agreement, while at the same time promptly addressing any incoming requests for this new exemption. Developers looking to access the exemption will be required to have an executed and registered agreement prior to the issuance of a building permit. Without temporary authority as per this report, staff would have to bring forward each application for Council’s approval, potentially causing delays to construction timeframes, increasing red tape and in the final analysis delaying the supply of much needed affordable housing to the market. Alternatives Reviewed The exemption for affordable residential units is a legislated exemption that the Region must administer. All policy items included within this report have been considered to mitigate risk to the Region. Staff have considered the alternative of putting a policy forward to Council for approval at this time, however, feel this is premature given the ongoing discussions with comparator municipalities and LAMs regarding approaches to implementation. Page 688 of 735 CSD 31-2024 July 10, 2024 Page 8 An additional alternative is that Council does not grant staff temporary authority to enter into affordable housing DC exemption agreements. This would require each agreement to be brought forward to Council for approval. This alternative is not recommended as it would result in long delays for developers. For a developer to obtain their building permit they must either pay the amount of DCs owing or have an agreement in place for an exemption of DCs. This will result in construction delays of these affordable units being constructed as developers must wait for the next Council meeting to obtain an executed agreement and obtain their building permit. Relationship to Council Strategic Priorities This report provides details of legislative changes involving the Development Charges Act, 1997 which will have an impact on the amount of Regional Development Charges collected to fund growth related infrastructure. This relates to Council’s Strategic Properties of Effective and Prosperous Region as Regional Development Charges are a major source of funding for growth projects in the capital budget. Other Pertinent Reports CSD 14-2023 Bill 23 Financial Impacts on Regional Development Charges PDS 17-2024 Overview of Bill 185 (Cutting Red Tape to Build More Housing Act, 2024) CWCD 2024-102 Thresholds for Affordable Housing for Exemptions and Discounts of Municipal Development-Related Charges ________________________________ Prepared by: Blair Hutchings, MBA, CPA Manager, Revenue Planning & Strategy Corporate Services ________________________________ Recommended by: Todd Harrison, CPA, CMA Commissioner/Treasurer Corporate Services ________________________________ Submitted by: Ron Tripp, P.Eng. Chief Administrative Officer Page 689 of 735 CSD 31-2024 July 10, 2024 Page 9 This report was prepared in consultation with Roman Ivanov, Legal Counsel, Legal and Court Services, and reviewed by Beth Brens, Associate Director, Budget Planning & Strategy & Donna Gibbs, Director, Legal and Court Services. Appendices Appendix 1 Thresholds for Affordable Housing Exemption by Municipality Page 690 of 735 CSD 31-2024 Appendix 1 Thresholds for Affordable Ownership and Rental Residential Units by Municipality Municipality Affordable Purchase Price Single Detached House Affordable Purchase Price Semi-detached house Affordable Purchase Price Row/Townhouse Affordable Purchase Price Condominium Apartment Affordable monthly rent of a bachelor unit Affordable monthly rent of a 1-bedroom unit Affordable monthly rent of a 2- bedroom unit Affordable monthly rent of a 3+ bedroom unit Fort Erie $ 323,400 $ 323,400 $ 323,400 $ 323,400 $ 949 $ 977 $ 1,077 $ 1,484 Grimsby $ 441,900 $ 441,900 $ 441,900 $ 441,900 $ 949 $ 1,229 $ 1,394 $ 1,484 Lincoln $ 431,200 $ 431,200 $ 431,200 $ 423,000 $ 949 $ 1,229 $ 1,394 $ 1,484 Niagara Falls $ 319,800 $ 319,800 $ 319,800 $ 319,800 $ 732 $ 1,200 $ 1,317 $ 1,460 NOTL $ 416,800 $ 416,800 $ 416,800 $ 416,800 $ 949 $ 1,229 $ 1,394 $ 1,484 Pelham $ 463,500 $ 463,500 $ 463,500 $ 405,000 $ 949 $ 1,229 $ 1,394 $ 1,484 Port Colborne $ 309,000 $ 309,000 $ 309,000 $ 309,000 $ 949 $ 1,038 $ 1,161 $ 1,440 St. Catharines $ 309,000 $ 309,000 $ 309,000 $ 309,000 $ 1,053 $ 1,338 $ 1,522 $ 1,620 Thorold $ 355,700 $ 355,700 $ 355,700 $ 355,700 $ 949 $ 1,036 $ 1,369 $ 1,484 Wainfleet $ 402,400 $ 402,400 $ 402,400 $ 402,400 $ 949 $ 1,229 $ 1,394 $ 1,484 Welland $ 305,400 $ 305,400 $ 305,400 $ 305,400 $ 784 $ 1,043 $ 1,299 $ 1,115 West Lincoln $ 441,900 $ 441,900 $ 441,900 $ 441,900 $ 949 $ 1,229 $ 1,394 $ 1,484 Page 691 of 735 1 Heather Ruzylo Subject:Proposal to Rename Kitchener St. Park to Geppino’s Family and Community Park -----Original Message----- From: Morris Villella < Sent: Saturday, July 6, 2024 12:01 PM To: Bill Matson <billmatson@niagarafalls.ca> Subject: POSSIBLE SPAM [EXTERNAL]-Proposal to Rename Kitchener St. Park to Geppino’s Family and Community Park Dear Members of the City Council, We are wriƟng to propose the renaming of Kitchener St. Park to Geppino’s Family and Community Park in honor of the Calabrese family and their significant contribuƟons to our community. Geppino’s Grocery, located at 5504 Lewis Ave <hƩps://www.google.com/maps/search/5504+Lewis+Ave?entry=gmail&source=g> , has been a cornerstone of Niagara Falls for many years. The Calabrese family has consistently demonstrated a commitment to hard work, honesty, and community support. Their grocery store is renowned not only for its quality products, including fresh meats, cheeses, and Italian delicacies, but also for its warm, welcoming atmosphere and excep Ɵonal customer service for over 50 years. The Calabrese family has always been acƟve in the community, supporƟng local events and chariƟes. They have fostered a sense of belonging and unity among residents, making their store a beloved fixture in the neighborhood. Their dedicaƟon to maintaining tradiƟonal values while serving the modern needs of the community exemplifies the spirit we wish to celebrate and perpetuate. Renaming the park would not only recognize the Calabrese family’s contribu Ɵons but also serve as an inspiraƟon for future generaƟons about the importance of community values and local business support. It would be a fiƫng tribute to a family that has given so much to our city and a reminder of the posiƟve impact that small businesses can have on the community. Thank you for considering this proposal. I look forward to your posiƟve response. Sincerely, The Great 8 Group CAUTION: This email originated from outside of the organizaƟon. Do not click links or open aƩachments unless you recognize the sender and know the content is safe. Page 692 of 735 1 Michael Stewart Subject:FW: [EXTERNAL]-Noise By-Law Exemption Request From: Carl White <whitesautoinfo@gmail.com> Sent: Tuesday, August 6, 2024 4:49 PM To: Clerk <clerk@niagarafalls.ca> Subject: [EXTERNAL]-Noise By-Law Exemption Request Attention City Clerk and City Council Requester: Carl White 6960 Harriman Street Type of Act: The Playing of Music For our Wedding Reception In our Backyard (Nothing Excessively Loud and if it rains all music will be played in the garage) Exemption Date and Time: August 24, 2024 Bylaw allows until 9:00pm Exemption Request until no later than 11:00pm Additional Details: There will be Approximately 60 people between the backyard and the Garage all Adjacent Neighbors have been notified and will be in attendance as well. Thank you For reviewing our request Recommendation That City Council Please Approve the noise by law exemption for the 2 hours requested Thank you Thank you for your time Carl White 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 693 of 735 1 Heather Ruzylo To:Daelys Faife Hernandez Subject:RE: [EXTERNAL]-Special Occasion Permit- Municipally Significant event designation From: Daelys Faife Hernandez <info@havananiagara.ca> Sent: Wednesday, July 31, 2024 4:07 PM To: Clerk <clerk@niagarafalls.ca>; Heather Ruzylo <hruzylo@niagarafalls.ca> Subject: [EXTERNAL]-Special Occasion Permit- Municipally Significant event designation Good afternoon, I am the owner of Havana Restaurant & Cocktail Lounge located at 4555 Queen St., Niagara Falls. The purpose of my email is to notify you of a public event that will take place in front of our restaurant on Saturday, September 7th. In order to obtain a Special occasion Permit with the AGCO, we will require a letter from the City confirming that our event is designated as municipally significant. On Saturday, September 7th, we are aiming to break the Guinness World Record for the largest glass of mojito (estimated at 4500 litres). We will also be fundraising for the Niagara Children's Centre. This event is intended to take place in the afternoon (exact time to be determined but we are thinking between noon to 5 or 6 pm on just the block that we are located. We will have DJs spinning Cuban & other Latin American hits, Cuban dance shows and some live bands. We also intend to have some street vendors. The event entry is free. We are hoping for at least 2000 people to be in attendance. We will be selling glasses of mojito as our means of fundraising and the consumption of the alcohol will be contained within our block, sectioned off by wood barricades. We will also have a security present. We would also like to ask the Council for their approval to allow food trucks/vendors at our event. Please let me know if you require any further information. Sincerely, Daelys Faife Hernandez 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 694 of 735 S:\COUNCIL\2024\2024 Resolutions\No. 11 - Resolution -.docx The City of Niagara Falls, Ontario Resolution August 13, 2024 No. 11 - By-law No. 2024-076, Proposed 20 Storey Apartment Building Moved by: Seconded by: WHEREAS subsection 34(17) of the Planning Act, R.S.O. states where a change is made to a proposed by-law after holding the required public meeting, that council shall determine whether any further notice is to be given in respect of the proposed by-law and the determination of the council as to the giving of further notice is final and not subject to review in any court irrespective of the extent of the change made in the proposed by- law; and WHEREAS Official Plan and Zoning By-law Amendment Application (AM-2023-036) for a 20 storey apartment dwelling was approved by Council on June 18, 2024 for the lands west of Allendale Avenue, south of Main Street; and WHEREAS before approving AM-2023-036, Council held a public meeting in compliance with subsection 34(12) of the Planning Act; and WHEREAS three (3) site specific regulations necessary to permit the concept that was presented to Council, namely a reduction in landscaped open space area, a reduction in amenity area per dwelling unit and an increase in in the permitted balcony projection into a site yard, were not either not advertised and/or not included in the analysis in the staff report to Council; and WHEREAS the changes to the proposed by-law are considered to be minor and do not require further notice; THEREFORE BE IT RESOLVED that in accordance with subsection 34(17) of the Planning Act, 1990 R.S.O, Council determines that the changes to the proposed zoning by-law for AM-2023-036 for the development of a 20 storey apartment dwelling are minor and do not require further notice. AND The Seal of the Corporation to hereto affixed. Carried WILLIAM G.MATSON JAMES M.DIODATI Page 695 of 735 S:\COUNCIL\2024\2024 Resolutions\No. 11 - Resolution -.docx CITY CLERK MAYOR Page 696 of 735 The City of Niagara Falls, Ontario Resolution August 13, 2024 No. 12 - AM-2022-021 - Part Lot 175, Portage Road - ZBA Moved by: Seconded by: WHEREAS subsection 34(13) of the Planning Act, 1990 R.S.O requires written notice of the public meeting to be given to prescribed persons and public bodies, in the prescribed manner, and accompanied by the prescribed information; and WHEREAS notice was given to the prescribed persons and public bodies, in the prescribed manner, for the public meeting held by Council on June 18th, 2024, to consider an Official Plan Amendment and Zoning By-law Amendment application by Rudanco Inc. (“the applicant”) to permit the use of the lands for an 812-unit apartment dwelling consisting of two towers with maximum building heights of 29 storeys (96 metres) and 38 storeys (125 metres), respectively, for a vacant parcel of land located on Portage Road, north of Marineland Parkway; and WHEREAS Council approved the recommendations of Report No. PBD-2024-24 on June 18th, 2024, including a maximum podium height of 12 metres; and WHEREAS since that time, it was identified by the applicant that a maximum podium height of 12.1 metres (a 0.1-metre increase) is required as the podium exceeds 12 metres in some locations, as indicated on the elevations that were submitted with the application and presented to Council and the public on June 18th; and WHEREAS notwithstanding the requirement for the written notice of a public meeting, subsection 34(17) of the Planning Act, 1990 R.S.O allows a municipality to deem such requested changes minor and determine that no further notice is required to be given by passing a resolution; and WHEREAS City Staff and the applicant request that Council considers passing a resolution that would deem the giving of further notice as final and that no further notice is required to be given; and WHEREAS Council determined that the proposed change to By-law No. 2024-068 is minor and does not require further notice to be given. THEREFORE, BE IT RESOLVED that subject to subsection 34(17) of the Planning Act, 1990 R.S.O Council deems the change to By-law No. 2024-068 minor and exempts the requirement for further written notice. Page 697 of 735 The City of Niagara Falls, Ontario AND The Seal of the Corporation be hereto affixed. ........................................................... ............................................................. WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 698 of 735 Notice of Motion – Wedding Ceremony Enhancements For Tuesday, August 13th • Whereas other chapels in Niagara Falls range in price from approximately $450 to more than $2000 for wedding ceremony provision. • Whereas the Niagara Parks Commission (NPC) charges $1695 + tax for a wedding ceremony. • Whereas the City is traditionally not in the business of competing with the private sector. • Whereas the steps of City Hall in Niagara Falls are a quintessential location to get married outside of a place of worship or religious facility. • Whereas City Hall has proven to be an extremely popular venue for wedding ceremonies. • Whereas the City of Niagara Falls is often referred to as the honeymoon capital of the world. • Whereas staff are currently performing 433 weddings per year. • Whereas weddings are not the City’s core business, but are a good source of revenue to offset property taxes. • Whereas a large investment in floral and landscape improvements was made to enhance the front entrance of City Hall • Whereas additional investments have been made in the waterfall feature out front of City Hall. Therefore be it resolved that City of Niagara Falls wedding ceremony prices increase immediately to $450 plus tax for locals and $750 plus tax for couples visiting from outside of Niagara Falls with rates to be reviewed annually; and any and all other enhancements here, be implemented within the next year: ▪ Creating value-added packages that offer things like, but not limited to, a keepsake wedding photograph, bouquet(s) and boutonniere(s), mayor’s commemorative certificate, choice of venue (indoor or outdoors), set-up of chairs or seating (for outdoor options) Page 699 of 735 ▪ Developing outdoor wedding ceremony locations at City Hall to incorporate a visually unique decorative garden pergola (ie. heart- shaped), and alternatively, a covered outdoor option with a retractable awning for use during inclement weather ▪ Establishing a list of preferred local vendors to provide to couples upon booking, including, but not limited to photographers, florists, ceremony musicians, wedding rental companies ▪ Updating the words “City Hall” above the exterior front doors of City Hall to include the words “Niagara Falls” Page 700 of 735 CITY OF NIAGARA FALLS By-law No. 2024-067 A by-law to provide for th e adoption of Amendment No. 169 to the City of Niagara Falls Official Plan (AM-2022-021). 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. 169 to the City of Niagara Falls Official Plan, constituting the attached text and map, is hereby adopted. ........................................................ ...................................................... BILL MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Read a First, Second and Third time; passed, signed and sealed in open Council this 13th day of August 2024. Page 701 of 735 OFFICIAL PLAN AMENDMENT NO. 169 PART 1 – PREAMBLE (i) Purpose of the Amendment The purpose of the amendment is to allow for the development of an 812-unit apartment dwelling consisting of two towers with maximum building heights of 29 storeys (96 metres) and 38 storeys (125 metres), respectively, exclusive of below- grade levels, mezzanines, and mechanical penthouses. (ii) Location of the Amendment The amendment applies to the lands identified as “Subject to Policy 4.6.11(j)” on Map 1 to Amendment No. 169. (iii) Details of the Amendment Map Changes Figure 4 of PART 2, SECTION 4 – TOURIST COMMERCIAL of the Official Plan is amended to identify the lands as “Subject to Policy 4.6.11(j)”. Text Change PART 2, SECTION 4 – TOURIST COMMERCIAL, SUBSECTION 4.6.11 – OFFICIAL PLAN AMENDMENT, is amended by the addition of Subsection j). (iv) Basis of the Amendment The applicant proposes to develop an 812-unit apartment dwelling consisting of two towers with maximum building heights of 29 storeys (96 metres) and 38 storeys (125 metres), respectively , exclusive of below -grade levels, mezzanines, and mechanical penthouses. 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 Fallsview Tourist Subdistrict and adjacent to the Queen Victoria Park Subdistrict. Th e amendment meets the intent of the Official Plan as recent Official Plan and Zoning By-law Amendments have allowed for increased building heights towards the periphery of the tourist core. Additionally, the development will utilize existing municipal infrastructure and services, minimize urban land consumption , facilitate a high quality built form, and contribute to the City’s intensification target and the diversification of housing types and unit sizes. Further, the development will support the creation of a complete community by acting as a catalyst for future commercial/retail development in the area . Lastly, the development will be compatible with built heritage resources, cultural heritage landscapes , and nearby Page 702 of 735 industrial operations. A Holding (H) provision will be applied to the amending Zoning By-law to ensure that the development maintains appropriate levels of public health and safety. 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. 169 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. 169", shall be identified as “Subject to Policy 4.6.11(j)” on Figure 4 of PART 2, SECTION 4 – TOURIST COMMERCIAL of the Official Plan. 2. TEXT CHANGE a. PART 2, SECTION 4 – TOURIST COMMERCIAL, SUBSECTION 4.6.11 – OFFICIAL PLAN AMENDMENT is hereby amended by adding the following Subsection: j) Notwithstanding the policies of Part 2, Sections 4.4.2 and 4.4.3, Council may pass an amending Zoning By-law to permit the development of an apartment dwelling consisting of two towers with maximum building heights of 29 storeys (96 metres) and 38 storeys (125 metres), respectively, exclusive of below -grade levels, mezzanines, and mechanical penthouses. The amendin g By-law shall specifically regulate the development in terms of permitted uses, building heights and number of storeys, building setbacks, lot coverage, lot area, parking spaces, parking stall width s, and loading areas. The amending By-law shall 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. Page 703 of 735 Fallsview BvPortageRdThunderingWatersBvBurningSpringsHlLivingston St McLeod Rd Roger CrStanleyAvMarinelandPy Fraser Hl DufferinIsleRdNiagara River P y NI AGARARI VERK:\GIS_Requests\2024\Schedule\Zoning\Zoning2024.aprx 7/9/2024 MAP 1 TO AMENDMENT NO. 169 FIGURE 4, PART 2, SECTION 4 TO THE OFFICIAL PLAN Building Heights High Rise Medium Rise Low Rise Area Affected by this Amendment Proposed Change To: Subject to Policy 4.6.11(j) City of Niagara Falls Official Plan Note: This schedule form part of Amendment No. 169 to the Official Plan for the City of Niagara Falls and it must be read in conjunction with the written text. ¯ AM-2022-021 Subject to Policy 4.6.11(j) Page 704 of 735 CITY OF NIAGARA FALLS By-law No. 2024-068 A by-law to amend By-law No. 79-200 to permit the use of the lands for an 812-unit apartment dwelling consisting of two towers with maximum building heights of 29 storeys (96 metres) and 38 storeys (125 metres), respectively, exclusive of below-grade levels, mezzanines, and mechanical penthouses, subject to the removal of a Holding (H) symbol and a 3-year sunset clause (AM-2022-021). 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 Schedules 1 and 2 of this by-law and shall be referred to in this by- law as the “Lands”. Schedules 1 and 2 are 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) The uses permitted in the TC zone; and (b) An apartment dwelling. 5. The regulations governing the permitted uses shall be: (a) Front lot line (b) Minimum lot area Portage Road The whole of the Lands, save and except any part required for road widening (c) Maximum lot coverage none (d) Location of the various components of the buildings or structures on the Lands, their maximum height and maximum number of storeys and minimum yards Refer to the plan on Schedule 2 of this by-law and clauses (e) and (f) of this section Page 705 of 735 2 (e) Maximum height of buildings or structures (i) Podium (ii) Tower A (iii) Tower B 12.1 metres as measured from Geodetic Elevation 187.425 metres and a maximum of 3 storeys, excluding a 2.5 metre architectural element 125 metres as measured from Geodetic Elevation 187.425 metres and a maximum of 38 storeys 96 metres as measured from Geodetic Elevation 187.425 metres and a maximum of 29 storeys (f) Roof feature A building having a height greater than 12 metres shall have a roof feature which has a minimum height of 6 metres. The roof feature shall be a distinct architectural element of the building. (g) Minimum number of parking spaces (h) Minimum parking stall width (i) Loading area requirement for an apartment dwelling 1.15 parking spaces for each dwelling unit 2.7 metres 2 loading spaces (j) The balance of regulations specified for a TC use. 6. For the purposes of this by-law: “Roof feature” means a distinct architectural element erected above the top storey and shall be provided for the purpose of enhancing the design of a building and may consist of and enclose any roof mounted mechanical equipment, mechanical penthouses, or other similar elements. Notwithstanding Section 4.7 of By-law No. 79-200, and except for any flagpoles, or other similar decorative roof features, and radio, telephone, television or telecommunication towers or antennae, no water tank, elevator or other mechanical penthouse shall have a height greater than the roof feature unless cladded to be aesthetically consistent with the roof feature. “Storey” means the portion of a building, other than a basement, cellar, attic, mezzanine floor, or mechanical penthouse, between the surface of one floor and the surface of the floor, ceiling or roof next above it. Page 706 of 735 3 7. 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. 8. No person shall use the Lands for a use that is not a permitted use. 9. No person shall use the Lands in a manner that is contrary to the regulations. 10. The 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 1254 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 Wind Study to the satisfaction of the City, demonstrating no unsafe or uncomfortable wind conditions and / or the effectiveness of proposed mitigation measures; • Submit an updated Noise and Vibration Impact Study to the satisfaction of the City and The Regional Municipality of Niagara; • 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 City and The Regional Municipality of Niagara; and • Implement noise and air quality mitigation measures and warning clauses through future Site Plan and/or Condominium Agreements 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 Vibration Impact Study and Peer Review Comment Response, prepared by Thornton Tomasetti and dated October 24th, 2023 and March 22nd, 2024, respectively, as amended, to the satisfaction of the City and The Regional Municipality of Niagara. 11. The provisions of this by-law shall be shown on Sheet D5 of Schedule “A” of By- law No. 79-200 by designating the Lands from TC to TC(H) and numbered 1254. 12. 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)-1254 zone shall be of no force and effect and the zoning of the Lands will revert back to the TC zone. Page 707 of 735 4 13. Notwithstanding clause 12 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. 14. Section 19 of By-law No. 79-200 is amended by adding thereto: 19.1.1254 Refer to By-law No. 2024-068. ....................................................................... ..................................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Read a First, Second and Third time; passed, signed and sealed in open Council this 13th day of August 2024. Page 708 of 735 Page 709 of 735 2.8m2. 8 m 2.94m4.6m5 m 9.7m10.6m12.1m12.5m1 3 . 0 m15m1 5 . 4 m 15.3m18.4m1 6 . 6 m22.5m 2 1 . 9 m 3 4 m 3 6 m 55.8m57.3m58m9.1mFras er H l P o r t a g e R d Tower B Tower A K:\GIS_Requests\2022\Schedule\Zoning2022.aprx 8/9/2024 SCHEDULE 2 TO BY-LAW NO. 2024-068 Area Affected by this Amendment Amending Zoning By-law No. 79-200 ¯ AM-2022-021 Applicant: Rudanco Inc. Assessment: 272511000109405 Description:PT TWP LT 175 STAMFORD PT 2, 3 & 4, 59R10776; T/W RO706323 & RO656236; NIAGARA FALLS; TOGETHER WITH AN EASEMENT AS IN RO509402E PIN: 64377-0134 (LT) Podium Podium Podium Podium Tower B Tower A Max No. Storeys Max Height 3 12.1 m 4 16.1 m 5 19.6 m 6 23.1 m 29 96.0 m 38 125.0 m Page 710 of 735 CITY OF NIAGARA FALLS By-law No.2024-074 A by—law to amend By-law No.79—200,to permit the use of the lands for the development of 192-bed long term care home with clinic uses,subject to a 3-year sunset clause.(AM—2024—O12) 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—lawand shall be referred to in this by—law as the “Lands”.Schedule 1 is a part of this by—law. The purpose of this by—lawis to amend the provisions of By-law No.79—200,to permit the use of the Lands in a manner that would othenNise 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—lawNo.79-200,the provisions of this by—laware to prevail. Notwithstanding any provision of By—lawNo.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. The permitted uses shall be: (a)The uses permitted in the l zone. (b)Clinic The regulations governing the permitted uses shall be: (a)Minimum front yard depth 8.4 metres plus any applicable distance specified in Section 4.27.1.of By—lawNo.79—200 (b)Maximum height of building or 20 metres or 4 storeys subject to structure Section 4.7 of By—lawNo.79—200 (0)Minimum manoeuvring aisle width 6.0 metres (e)The balance of the regulations specified for a I use.All other applicable regulations set out in By—lawNo.79—200 shall continue toapplytogovernthepermittedusesontheLands,with all necessary changes indetail.No person shall use the Lands for a use that is not a permitted use.Page 711 of 735 8.No person shall use the Lands in a manner that is contrary to the regulations. 9.The provisions of this by-law shall be shown on Sheet C5 of Schedule “A”of By— law No.79—200 by redesignating the Lands from RSB—627to |and numbered 1255. 10.Should the owner of the Lands not execute a Site Plan agreement within 3 years of this by—lawcoming into effect,then the zoning of the lands zoned |-1255 shall be of no force and effect,and the zoning of the Lands will revert to the Residential Apartment 58 Density (R5B—627)zone. 11.Notwithstanding clause 10 above,the approval of this by—Iawmay be extended by 1 year at the discretion of the General Manager of Planning,Building and Development. 12.Section 19 of By—lawNo.79—200 is amended by adding thereto: 19.1.1255 Refer to By—IawNo.074 13.By—lawNo.2003-156 is repealed,and section 19162?of By—IawNo.79-200 is deleted. Read a First,Second and Third time;passed,signed,and sealed in open Council this 13thday of August 2024. WILLIAMG.MATSON,CITY CLERK JAMES M.DIODATI,MAYOR S:\ZONlNG\AMS\2024\AM—2024-012(PLOPZB20240337)-6888 Drummond Road\9 By—law\By—lawNo.2024-xxx -AM-2024— 012.docx Page 712 of 735 7/ Niagara?qils.SCHEDULE 1 TO BY-LAW NO.2024-074 Area Affected by this Amendment Margaret St Amending Zoning By-law No.79-200 Description:Part of Township Lot 160,in the former Township of Stamford,now in the City of Niagara Falls,in the Regional Municipalityof Niagara Applicant:Arcavia Home CareAssessment:272508000209101 AM-2024-012K:\GlS__Requesls\202~l\Schedule\Zoning\ZoningZO2‘l.aprx 7/23/2024Page 713 of 735 CITY OF NIAGARA FALLS By—lawNo.2024-075 A by—lawto provide for the adoption of Amendment No.170 to the City of Niagara Falls Official Plan (AM—2024—012). 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.170 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 13thday of August,2024. BILL MATSON,CITY CLERK JAMES M.DIODATI,MAYOR Page 714 of 735 OFFICIAL PLAN AMENDMENT NO.170 PART 1 —PREAMBLE Purpose of the Amendment The purpose of the amendment is to allow for the development of a 192-bed long term care home with clinic uses. Location of the Amendment The amendment applies to lands shown as Special Policy Area 98 on Schedule “A”to the Official Plan. Details of the Amendment Map Changes MAP 1 —Schedule “A”to the Official Plan —Residential designation with Special Policy Area 98. Text Change PART 2,SECTION 13 —SPECIAL POLICY AREAS,is amended by the addition of Subsection 13.98. Basis of the Amendment The subject lands are designated Residential as shown on Schedule “A”to the Official Plan.The applicant proposes to develop a 192-bed long term home with clinic uses.The proposal is located within the Built-Up Area which may permit ancillary uses such as a long-term care facility.The clinic uses are located closer than 500 metres from any other commercial development.The gross floor area of the neighbourhood commercial uses will increase from the permitted 930 square metres to the proposed 1055 square metres.The amendment meets the intent of the Official Plan as the proposal is located on an Arterial Road which is Drummond Road and can be accessed by means of walking,cycling,public transit,motor vehicle and close to a transit stop.The proposal is suitable and compatible with adjacent commercial and residential uses designed with adequate setbacks, landscape buffers,and a setback from Drummond Road to further reduce neighbourhood walkability,and the development of complete communities.Transportation and municipal infrastructure will have adequate capacity toaccommodatetheproposal.Page 715 of 735 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.170 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.170",shall be identified as Special Policy Area 98 on Schedule “A”to the Official Plan. TEXT CHANGE a.PART 2,SECTION 13 —SPECIAL POLICY AREAS,is hereby amended by adding the following subsection: 13.98 SPECIAL POLICY AREA “98” Special Policy Area “98”applies to approximately 1.16 hectares of land located east side of Drummond Road between Margaret Street and Churchill Street.These lands are designated Residential on Schedule “A”to the Official Plan.Notwithstanding section 3.4.2.1 and 3.4.2.3 the neighbourhood commercial development floor area in the Residential designation shall not exceed 1055 square metres and may locate within 500 metres of other commercial development.The amending zoning by-law shall regulate the development in terms of adding the use of a clinic,building heights,setbacks and parking.Page 716 of 735 .ZA-MAP 1 TO AMENDMENT No.170 N"‘g‘"“?‘*~'~’-‘-SCHEDULE A To THE OFFICIAL PLAN Area Affected by this Amendment l: Proposed Change To:AddSPECIALPOLICY#98 A\7’WWH///¢;;/5% Q””‘*0r\ \\ // \\«N‘s Joyoe4y Margaret St pg puounuma lAneeSt ‘2 [hurchillSt ISkinnerSt AV111219 {andSt i < CadhamSt ‘ '' :\\\\\:?age Cr a(‘E'nacSt Excerpt from SCHEDULE -A -FUTURE LAND USE§\\\2 MinorCommercial7§§33§31Open SpaceResidentialNote:Thisscheduleform part of AmendmentNo.170 to the Of?cialPlanfor the City of Niagara Fallsanditmustbereadinconjunctionwiththewrittentext.K:\V§lS,Re4 lll“>l~\2(l2‘l\‘5tlmmIie\Zuniiu]\ZoI \inn20143;»!x Ai-l-?U'l ()1)7/11/1014Page 717 of 735 CITY OF NIAGARA FALLS By—law No.2024-076 A by-law to amend By-law No.79-200,to permit the use of the lands for a 20-storey apartment dwelling inclusive of a mezzanine level with 193 dwelling units subject to the ”-14“II,~I-l:.~_-..._.L-i .t t.lb'HlUV'dl ul 3 nululng \n)symuul anu a o-yeal sunset Clause \HIVI-AUAa-UJD). 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—Iaware described in Schedules 1 and 2 of this by-Iaw and shall be referred to in this by- law as the "Lands.boneaules 'l and Z are a pan of thIS by-Iaw, Ine purpose OT InlS Dy-iaW IS IO amend me pl'OVlSlOnS OT by-laW NO.IH-AUU,IO permit the use ofthe Lands in a manner that would otherwise be prohibited by that any ex'isilngiréviusuion8(8);- prevail, _,._.. aw No.79—200the provusmns ofthisby—law areto 3‘Notwithstanding any provision of By-Iaw 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: (i)The uses permitted in a R5F Zone (ii)An apartment dwelling with a minimum of 5 dwelling units having a front elevation facing onto Main Street 5,The regulations governing the permitted uses shall be: (a)Minimum lot area 12.8 square metres for each (b)Location of the various components of Refer to the plan on Schedule 2 of the Dunning or structure on the Lands,this by-law and clause (d)01 this their maximum heights and maximum section cfnrpu:u.v:“my,”w...depthsand widths (c)Maximum lot coverage 33% Page 718 of 735 (d)Maximum height of buildings or 67 5 or20 storeys which _. buumulub UVUI lh lb'SStEI,IIIUIUSIVE Ul a mezzanine level,subject to Section (e)Minimum number of parking and 1.02 parking spaces for each mcyCIe spaces uwemng unit (f)Minimum width of a maneuvering aisle (i)Within a surface parking lot 6 metres (ii)Within a structured parking lot 63 metres I..\u_. \g)lVlaXllllulTl PIOJBCIIOHUT a Balcony InIO LU metres any required yard (h)Minimum landscaped open space 10%of the lot area I:\(I)Ivnnlrnum amenity space TOI'an 'ID square metres IOI'eacn dwelllng apartment dwelling unit unit (j)The balance of regulations specified for a R5F use. 6‘All other applicable regulations set out in By-law No.79—200,as amended,shall nnvprn nermi?ed fhp and;nnrncqnm "rr'1changesIndetail. 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 pursuant to 36 of the Planning Act.No person shall use the Lands described in section 1 of this by-law and shown hatched and designated R5F(H)and numbered 1253 on the plan Schedule 1 hara?n an”nnrnr‘cammww”me“,.u.an,WWW;Wu.m we .,ayllwul Manly Icllluvcu yulaualu N the Planning Act.Priorto the H symbol being removed,the landowner or developer shall: File a Record of Site Condition with the Ministry of the Conservation and Parks to the satisfaction of The RegionalMunicipality of Niagara and the City; Page 719 of 735 .a updated Wind Stud to the City,demonstrating ..k__xa ,..._A___z__.IIU unsale 0|uncumronaoie Wino COHUIIIOHS ano /or me errectiveness 01 proposed mitigation measures;and -Submit a Heritage Impact Study to the satisfaction of the City,to assess Buildingandtoreléor?mendwai?giiequiredmitigation measures. 10.The provisions of this bylaw shall be shown on Sheet D4 of Schedule “A”of By— law No.79-200 by designating the Lands from TC to R5F(H)and numbered 1253. 11.Should the owner of the Lands not execute a Site Plan Agreementto the satisfaction 01 the City Within 3 years of this byelaw coming into effect,then the zoning of the Lands zoned as R5F(H)-1253 zone shall be of no force and effect T(‘um.nu.gun-”3 u.my Luvluo mu uncut uaun m wc IV LUIVU. 12.Notwithstanding clause 12 above,the approval of this by-Iaw may be extended by 1 year at the discretion of the General Manager of Planning,Building and Development. 13.Section 19 of By-Iaw No,79-200 is amended by adding thereto: 19.1.1253 Refer to By-law No.2024-076. nuau a “1:1,oeuunu '?llu Illllu u this 13mday of August,2024. e;passeu,slglleu anu Sealeu In open houncn WILLIAMG.MATSON,CITY CLERK JAMES M.DIODATI,MAYOR Page 720 of 735 SCHEDULE TO Area Affected by this Amendment 2 RRRRRR Amending Zoning By-law No.79-200 Description:PI U 20 W/S PURTAGE RD PL 653 ABSTRACTEDAS BLK15 VILLAGEOF NIAGARAFALLSSRO As IN RO756018 (SECONDLY);DESCRIPTIONMAY NOT BEACCEPTABLEIN FUTUREAs IN RO756018 (SECONDLY);NIAGARAFALLs PIN:64350-70136(LT) _.w ..,_,.“mu”.m...u“.nuumnm Lu nu mm H v1|_|_r\\.u_v.IIAHtuV"l nu“;uunl m...um.”ASIN R0756018,EXCEPTNF18507;NIAGARAFALLS PIN:64350 0135 (LT) PT LT 20 W/SPORTAGE RD PL 653 AESIRACED AS BLK 15 VILLAGEOF NIAGARAFALLSSURFACEONLY,AS IN RO756012;NIAGARA FALLS PIN:64350-0137 (LT) PTS1&7,59R1381;SUBJECTTOANEASEMENTINGROSSOVERPTS1&7 59R13814ASINSN271846 SUBJECTTO AN EASEMENTOVER PTS 1 &7 59R13814 IN FAVOUROF PT TWP 92 THOROLD IN ”mun“.a....-.A.—...—..-.—AAAA.‘Anyu/vo A)IN DNL/‘?‘iUL;:umzu Iu AN EHDEIVIENI IN uKUbb uvtK Pl)1 a /DSKIJGH A:-IN SN274712;SUBJECTTO AN EASEMENTIN GROSS OVER PTS 1 &7 59R13814 AS IN SN275171;SUBJECT TO AN EASEMENTAS IN 5N279416;SUBJECI'TO AN EASEMENTOVER PTS 1 &7 59R13814 IN FAVOUR OF LTS 4 &13 PL M40 &PB BLKB,PT 1 59R3785 AS IN SN281915;SUBJECTTO AN EASEMENTIN GROSS OVER PTS 1 &7 59R13814 AS IN 5N282648;CITV OF NIAGARAFALLS (LT) Applicant:Zeljko Holdings Ltd.Assessment:272507000406101 AM-2023-036 x Gls R uzss g m "m .a u\,sq «\znmsm 4|20 gm)!p 7/26/2014 Page 721 of 735 Z4 Niagarafnus:SCHEDULE TO Area Affected by thls Amendment 1W V 912p < U.:m 15 .4 ”0'51—57“,V yat Murray St Amending Zoning By-law No.79-200 DESCI’IPUOHZYILI (U W]:PUKIAu:KL)PL bad A?bl KALI I:|J A5 ELK lb VILLAGE OF NIAGARA"ALLS SRO AS IN RD756018 (SECONDLY); DESCRIPTIONMAVNOT BE ACCEPTABLEIN FUTUREAS IN R0756018 (SECONDLV);NIAGARAFALLS PT LT20 W/SPORTAGERD FL 653 ABSTRACTEDAS ELK 15 VILLAGEOF NIAGARAFALLSSURFACEONLV,AS IN R0756018, EXCEPTNF18507;NIAGARAFALLS PIN:54350-0135 (LT) PT LT20 WISPORTAGERD PL 653 ABSTRACEDAS BLK15 VILLAGEOF NIAGARAFALLSSURFACEONLV,AS IN RO756012', wmumm mu.) PIN:6435070137 (LT) SUBJECI'TO ANEASEMENTINOSSOVERPTS 1&S 1 BA7 59R13814 IN FAVOUR0F PT TWP LT92,THOROLDAS IN AA90798 AS IN SN274401;SUBJECTTO ANEASEMENTIN GROSS OVER PTS 1 &7 59R13814 AS IN SN274712;SUBJECTTOANEASEMENT[N GROSS OVERPTS 1 &7 59R13814 AS IN SN275171; SUBJECFTO AN EASEMENTAS IN SN279416;SUBJECTTO AN EASEMENTOVER PTS 1 &7 59R13814 IN FAVOUROF LTS 4 &13 PL M40 &PB BLKE,In"1 59R3785 AS IN 5N251915;SUEJECI'TO AN EASEMENTIN GROSS OVER PTS 1 El 7 595113814 AS IN SNZBZE48;CITYOF NIAGARAFALLS :A’Knm-mn IIT\.....VIM/mun \L., Level MaanStnrev Maxueight Podium 1 10 m Applicant:Zeljko Holdings Ltd' Residential Tower 20 675 Assessment:272507000406101 I‘M-20134336 mm nmmmnm\xthnmm-‘mwm:W Page 722 of 735 CITY OF NIAGARA FALLS By-law No.2024-077 A by-law to provide for the adoption of Amendment No.168 to the City of Niagara Falls Official Plan (AM-2023—036). FALLS, ACCORDANCEWITHTHEPLANNINGmAcT,15356,VAND MUNICIPALITY OF NIAGARA ACT HEREBY ENACT As FOLLOWS: E HE'GIONA'I; 1.Amendment No.168 to the City of Niagara Falls Of?cial Plan,constituting the Read a First,Second and Third time;passed,signed and sealed in open Council this 13mday of August,2024. EILLMATSON,CITY CLERK '' JAMES M.DIODATI.MAYOR ' Page 723 of 735 OFFICIAL PLAN AMENDMENT N0.168 PART 1 —PREAMBLE an\U The purpose of the amendment is to allow for the development of a 20 storey (inclusive ofa mezzanine),193 unit apadment building. \"I Lvunuvll um um rul uluclu. The amendment applies to lands shown as Special Policy Area 97 on Schedule “A"to the Official Plan -Future Land Use. n-;-:|.. \III)uclalls uI me Amellumelu Map Changes MAP 1 -Schedule “A"to the Of?cial Plan —Future Land Use has been amended IO SHOW me IOUI'ISI pommermal oeSIgnalIon WIIH bpeclal FOIICy Area 9/. 2 13—SPECIAL POLICY AREAS is amended by the addition 0'Subsection 13.9]. (iv\ The applicant proposes to develop a 20 storey apartment building,inclusive of a mezzanine,on the SUBJEC‘lands. thadnlp tontvheO’fficialPlan~IVFutVur;LandUgé.Hails/Ever(he‘llandsare located on e of Tourist Commercial lands that are allowed to developed with additional building height as shown on Figure 4 —Height Strategy,of the Of?cial Plan,and therefore any building on the land is limited to 4 storeys. The amendment meets the intent of the Official Plan as the proposed built form and the development is consistent with the architectural design in the Central Tourist District and appropriate separation distances are provided to nearby low rise development.The development will provide additional housing in an Trnn¢vxnr§n§irxn muni?zwii ...:i|hag-n uyptuyllalc .uuaumh nan-opuuauuu auu mummpai unmmiumui:wm nuvc adequate capacity to accommodate the proposal.Further,3 Holding (H)symbol will be utilized to ensure wind mitigation and heritage matters are addressed,and a Record of Site Condition is ?led, Page 724 of 735 'I'IJI: I'Hnl A -DUI.)I UI'Inl:HIVIENIJIVIIZI‘I I All of this part of the document entitled PART 2 —BODY OF THE AMENDMENT, consisting ofthe following text and attached map,constitute Amendment No.168 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: "Ann-unru-IVIHI’Loni-\I‘IUI’: The "Area Affected this Amendment",shown on the map attached entitled "Map 1 to AmendmentNo.168",shall be identified as SpecialPolicy Areé 97 on Schedule “A”to the Official Plan —Future Land Use. 2.TEXT CHANGE 2,PART 2,SECTION 13 —SPECIAL POLICY AREAS,is hereby amended by adding the following subsection: 13.97 SPECIAL POLICY AREA “97" Special Policy Area “97”applies to approximately 025 hectares located of the intersection of Main Street and Allendale Avenue.These lands are designated Tourist Commercial on Schedule “A"to the Official Plan —Fulure Land elm;vac.nvuvunonauumg uuc uuuumg ncngm punulca vulualllcu m Pan 2,Section 4.4.3 and Figure 4 —Height Strategy,the lands may be developed with a building not exceeding 20 inclusiveof a mezzanine.The amendingzoning'by-Iawshell regulate the development in terms of permitted uses,building heights,tower separation distances and setbacks,and parking. Page 725 of 735 Z;MAP 1 T0 AMENDMENT NO.168 Niagara?yyg DLI'IEIJULI:A IU II'II:Ul'l'lhll-‘L I'LI-‘I‘ Area Affected thIs Amendment | |_| Proposed Change To:Add SPECIAL POLICYAREA#97 lepuenv AV 3‘ Murray 5‘ City of Niagara Falls Of?cial Plan Excerpt from SCHEDULE -A -FUYURE LAND USE Rasidennal Tourist commercial Pul‘monNous Note:ThiS schedule forms part of Amendment No‘168 to the Offlclal Plan for We City of Niagara Falls and I!must he read in conjunction with the wrilien text. AM-2023—036 mm anmmwmmwm m. Page 726 of 735 CITY OF NIAGARA FALLS By-law No. 2024 - 078 A by-law to amend By-law No. 2002-081, being a by-law to appoint City employees, agents and third parties for the enforcement of provincial or municipal by-laws. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1 . By-law No. 2002-081 is amended by deleting Schedule “C”, and that Schedule “C”, attached hereto shall be inserted in lieu thereof. Read a first, second, third time and passed. Signed and sealed in open Council on this 13TH day of August, 2024. ............................................................... ........................................................... WILLIAM MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 727 of 735 SCHEDULE “C” 1. Parking By-law Enforcement Officers: Florina Andrei Paul Brown Thomas Davies Zayn Dehghan Amanda Diprose Stew Frerotte John Garvie Douglas Goodings Eric Marr Jay Modi Preet Sandhu Simratpal Singh Liam Raymond Philip Rudachuk John Rodrigue Raheim Wedderburn Richard Comilang Page 728 of 735 CITY OF NIAGARA FALLS By-law No. 2024 – 079 A by-law to appoint an Acting Treasurer. WHERAS section 286 of the Municipal Act states that a municipality shall appoint a treasurer; AND WHEREAS section 286 (2) of the Municipal Act states that a municipality may appoint deputy treasurers who shall have all the powers and duties of the treasurer under this and any other Act. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. In the absence of the City Treasurer, the Acting City Treasurers will be the Deputy Treasurer and the Senior Manager of Revenue. Read a first, second, third time and passed. Signed and sealed in open Council on this 13TH day of August, 2024. ........................................................ ..................................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 729 of 735 CITY OF NIAGARA FALLS By-law No.2024-080 A by—Iawto amend By—lawNo.79—200,to permit the use of the lands for the development of 6 detached dwellings (AM-2024—004). 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—laware described in Schedule 1 of this by-law and shall be referred to in this by—lawas the “Lands”.Schedule 1 is a part of this by—law. The Lands shall be identified as two parcels,known as Parcels R4-1251 and R1E— 1252. The purpose of this by—lawis to amend the provisions of By—IawNo.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—lawand any existing provision of By—lawNo.79—200,the provisions of this by-Iaw are to prevail. Notwithstanding any provision of By—lawNo.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. The permitted uses shall be: (a)For Parcel R4-1251: (i)the uses permitted in 3 R4 zone (ii)A detached dwelling,in accordance with the regulations contained in 7.9.2 and in 7.9.3 of By-Iaw No.79-200 for a townhouse dwelling. (b)For Parcel R1E—1252,the uses permitted in the R1E zone. The regulations governing the permitted uses on Parcel R4—1251,shall be: (a)Minimum lot frontage for a detached 12.7 metres dwelling (b)Minimum rear yard depth for a detached 6 metres dwelling metresdetacheddwelling(d)Minimum privacy yard depth for a dwelling 6 metres(e)The balance of the regulations specified for the use of R4 zone.Page 730 of 735 7.The regulations governing the permitted uses on Parcel R1 E—1252,shall be: (a)Minimum lot area for an interior lot 365 square metres (b)The balance of the regulations specified for the R1E use. 8.All other applicable regulations set out in By—IawNo.79-200 shall continue to apply to govern the permitted uses on the Lands,with all necessary changes in detail. 9.No person shall use the Lands for a use that is not a permitted use. 10.No person shall use the Lands in a manner that is contrary to the regulations. 11.The provisions of this by—lawshall be shown on Sheet CS of Schedule “A”of By—law No.79-200 by redesignating the Lands from R1D to R4 and numbered 1251,in part, and R1E and numbered 1252,in part. 12.Section 19 of By—IawNo.79-200 is amended by adding thereto: 19.1.1251 Refer to By—lawNo.2024-080 19.1.1252 Refer to By—lawNo.2024-080 Read a First,Second and Third time;passed,signed,and sealed in open Council this 13thday of August 2024. WILLIAMG.MATSON,CITY CLERK JAMES M.DIODATI,MAYOR S:\ZONING\AMS\2024\AM—2024—004(PL20240103)—6529 St John St (PID#293816)\9 By-Iaw\ByIaw AM-2024—004.docx Page 731 of 735 Z4 Niagzlra?quq SCHEDULE 1 TO BY-LAW NO.2024-080 Area Affected by this Amendment m (D H 3 0) SE-m 32 Amending Zoning By-Iaw No.79-200 Description:PT LT 59 PL 5 STAMFORDAS IN R0117039;CITYOF NIAGARAFALLSPTLT59PL5,PART 1 ON 59R-16551,STAMFORD;CITYOF NIAGARAFALLSApplicant:Niagara Pines Developments Ltd.Assessment:272504001300101K:\GI57Rmucsts\2024\Scheduie\ching\ZoningZOZtl.apvx AM-2024-0048/6/2024Page 732 of 735 THE CORPORATION OF THE CITY OF NIAGARA FALLS BY-LAW Number 2024 - 81 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Stopping Prohibited, Parking Prohibited, Limited Parking) --------------------------------------------------------------- The Council of the Corporation of the City of Niagara Falls hereby ENACTS as follows: 1. By-law No.89-2000, as amended, is hereby further amended: a) by removing from the specified columns of Schedule C thereto the following items: PARKING PROHIBITED COLUMN 1 HIGHWAY COLUMN 2 SIDE COLUMN 3 BETWEEN COLUMN 4 TIMES/DAYS Front Street Northwest Portage Road and a point 37 metres southwest of Portage Road Monday to Friday Front Street Northwest A point 77 metres southwest of Portage Road and Norton Street Monday to Friday Front Street Southeast Portage Rd. and a point 40 m southwest of Portage Rd. Mon. to Fri. Front Street Southeast A point 60 m southwest of Portage Rd. and Norton St. Mon. to Fri. Page 733 of 735 b) by adding to the specified columns of Schedule A thereto the following item: STOPPING PROHIBITED COLUMN 1 HIGHWAY COLUMN 2 SIDE COLUMN 3 BETWEEN COLUMN 4 TIMES/DAYS Front Street Both Portage Road and a point 29m southwest of Portage Road At All Times c) by adding to the specified columns of Schedule E thereto the following item: LIMITED PARKING COLUMN 1 HIGHWAY COLUMN 2 SIDE COLUMN 3 BETWEEN COLUMN 4 TIMES/DAYS COLUMN 5 MAXIMUM PERIOD PERMITTED Front Street Both A point 29m southwest of Portage Road and a point 80m southwest of Portage Road At All Times 2 hours d) by adding to the specified columns of Schedule C thereto the following items: PARKING PROHIBITED COLUMN 1 HIGHWAY COLUMN 2 SIDE COLUMN 3 BETWEEN COLUMN 4 TIMES/DAYS Front Street Northwest A point 80m southwest of Portage Road and Norton Street At All Times Except by Permit Front Street Southeast A point 80m southwest of Portage Road and Norton Street At All Times This By-law shall come into force when the appropriate signs are installed. Read a first, second, third time and passed. Signed and sealed in open Council on this 13th day of August 2024. ............................................................... ........................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 734 of 735 CITY OF NIAGARA FALLS By-law No. 2024 - 082 A by-law to adopt, ratify and confirm the actions of the City Council at its meeting held on the 13th of August, 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 13th day of August 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 13th day of August, 2024. ........................................................ ……........................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 735 of 735