10-22-2024
AGENDA
City Council Meeting
4:00 PM - Tuesday, October 22, 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: Abby Cabaj (singing live in Council Chambers)
Land Acknowledgement and Traditional Indigenous Meeting Opening
1.1. Swearing in of Councillor Chris Dabrowksi
Bill Matson, City Clerk, to swear in Councillor Chris Dabrowski as
a Niagara Falls' City Councillor for the remainder of the current
Council term.
2. ADOPTION OF MINUTES
2.1. Council Minutes of October 1, 2024
City Council - 01 Oct 2024 - Minutes - Pdf
8 - 19
3. DISCLOSURES OF PECUNIARY INTEREST
Disclosures of pecuniary interest and a brief explanation thereof will be
made for the current Council Meeting at this time.
4. MAYOR'S REPORTS, ANNOUNCEMENTS
5. DEPUTATIONS / PRESENTATIONS
All speakers are reminded that they have a maximum of 5 minutes to
make their presentation.
5.1. Niagara Industrial Association (NIA)
Jordan Sherlock, Executive Director of the NIA (Niagara Industrial
Association) to make a deputation to Council, providing an
update on industry in Niagara Falls.
Page 1 of 156
5.2. R&C-2024-16 (Report and presentation)
World Health Organization Age Friendly Designation for the
City of Niagara Falls
Joe Szabo, member of the Seniors Advisory Committee, to share
presentation to Council.
R&C-2024-16 - Pdf
Presentation - Seniors Advisory Committee -(Updated) WHO Age
Friendly Designation
20 - 34
6. PLANNING MATTERS
6.1. PBD-2024-45 (Report updated and presentations added)
AM-2024-021, Official Plan Amendment and Zoning By-law
Amendment
7230 Lundy’s Lane
Proposal: Two 9-Storey Apartment Buildings With 25 Units
Each
Applicant: 100045845 ONTARIO LIMITED
Agent: William Heikoop, Upper Canada Consultants
Chris Roome, Planner 2, will provide an overview of Report PBD-
2024-45.
PBD-2024-45 - Pdf
Presentation (Staff) AM-2024-021
Presentation (Applicant) UCC Presentation - Lundy's Lane
35 - 63
7. IN CAMERA SESSION OF COUNCIL
7.1. In-Camera Resolution(updated)
October 22,, 2024 - Resolution to go In-Camera
64
8. REPORTS
8.1. PBD-2024-47 (Presentation added)
Cityview Software Implementation
PBD-2024-47 - Pdf
Presentation - CNF_CityView_Council_LR (1)
65 - 82
Page 2 of 156
8.2. R&C-2024-17 (Updated)
Community Sport and Recreation Infrastructure Fund
R&C-2024-17 - Pdf
83 - 87
8.3. R&C-2024-18
Santa Claus Parade Request for Downtown BIA Funds
R&C-RCF-2024-18 - Pdf
88 - 91
8.4. PBD-2024-46
Proposed Vacant Building Registry & By-law
PBD-2024-46 - Pdf
92 - 113
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-2024-42
Intersection Control Review - Ontario Avenue at Hiram Street
MW-2024-42 - Pdf
114 - 119
9.2. F-2024-38
2024 Q2 Water/Wastewater Fund Budget to Actual Variance
(Unaudited)
F-2024-38 2024 Q2 Water/Wastewater Fund Budget to Actual
Variance (Unaudited) - Pdf
120 - 127
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.
Page 3 of 156
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 #10.2.
10.1. Proclamation Request - 16 Days of Activism against Gender-
Based Violence
The Canadian Federation of University Women Welland and
District are requesting Council to participate in the 16 Days of
Activism against Gender-Based Violence campaign. The 16
Days of Activism Against Gender-Based Violence begins on
Monday, November 25, 2024, the International Day for the
Elimination of Violence Against Women, and ends on December
10, 2024 -
International Human Rights Day.
Recommendation: THAT Council APPROVE the request to
proclaim Monday, November 25, 2024 as the "International Day
for the End of Violence Against Women" and to raise a "Wrapped
in Courage" flag (purple) to create awareness and promote
gender equality. Furthermore, THAT Council APPROVE the
request to hang red dresses in the trees along the walkway in
front of City Hall.
Proclamation Request - To Mayor Diodati and Niagara Falls'
Councillors,
128 - 129
10.2. Proclamation Request - Talk to a Stranger Week
GenWell, a Not-for Profit registered in Canada (#1048215-3)
requests that the City of Niagara Falls proclaim November 18-24,
2024, as "Talk To A Stranger Week" This proclamation aligns
with the mission of GenWell, a Canadian-led Global Human
Connection movement that highlights the critical importance of
human connection for the health, happiness, longevity, and
overall well- being of all Canadians.
Recommendation: For the APPROVAL of Council.
Proclamation Request - Letter to City of Niagara Falls On - Talk
to a Stranger Week
130
11. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
RECOMMENDATION: THAT Council receive for information Item
Page 4 of 156
#11 (no items to report thus far) .
12. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
12.1. Shepherds Heart Food Bank
Attached is a request from the Shepherd Heart Food Bank for a
monetary donation (grant) from the City of Niagara Falls.
Recommendation: REFER to the Operating Budget.
Food Bank Grants for Church
131
12.2. Downtown Committee - Appointments
Council to complete ballots to select members of the Downtown
Committee.
13. RATIFICATION OF IN-CAMERA
14. NOTICE OF MOTION/NEW BUSINESS
Except as otherwise provided in the Procedural By-law, all Notices of
Motion shall be presented, in writing, at a Meeting of Council, but shall
not be debated until the next regular Meeting of Council.
A Motion may be introduced without notice, if Council, without debate,
dispenses with the requirement for notice on the affirmative vote of two-
thirds of the Members present.
14.1. Notice of Motion
Attached is a request for a Notice of Motion from Councillor Lori
Lococo regarding the Provincial Government Increase "Heads
and Beds" levy for Ontario Municipalities.
Notice of Motion - Provincial Government Increase the Heads
and Beds Levy
132
14.2. Notice of Motion
Attached is a request for a Notice of Motion from Councillor Mona
Patel regarding access to affordable transportation.
Notice of Motion - Access to Affordable Transportation
133
15. MOTION
15.1. Motion
Maintenance of City and Regional Roads
Mayor Diodati brought forth the attached motion regarding the
maintenance of City and Regional roads.
134
Page 5 of 156
Motion from Mayor Diodati - Maintenance of City and Regional
Roads
16. BY-LAWS
The City Clerk will advise of any additional by-laws or amendments to
the by-law listed for Council consideration.
2024-
100.
A by-law to provide for the adoption of Amendment No. 172 to the
City of Niagara Falls Official Plan (AM-2024-009). (added)
By-law No. 2024-100 - AM-2024-009 - 2430 St. Paul Avenue -
OPA
135 - 137
2024-
101.
A by-law to amend By-law No. 79-200 to permit the use of the
Lands (2430 St. Paul Avenue) for a 295-unit apartment dwelling
consisting of two towers with maximum building heights of 15
storeys (56 metres) and 19 storeys (68 metres), respectively,
subject to the removal of a Holding (H) symbol and a 3-year
sunset clause and to repeal By-law No. 2013-059 (AM-2024-
009). (added)
By-law No. 2024-101 - AM-2024-009 - 2430 St. Paul Avenue -
ZBA
138 - 143
2024-
102.
A by-law to impose fees and charges for services and activities
provided or done by the Fire Department of the City of Niagara
Falls.
By-law No. 2024-102 - Fire Services - Fire Services Preventable
False Alarms
144 - 146
2024-
104.
A by-law to provide for the adoption of Amendment No. 173 to the
City of Niagara Falls Official Plan (AM-2023-035).
By-law No. 2024 -104 - 4473-4479 and 4499 Ferguson Street
OPA
147 - 150
2024-
105.
A by-law to amend By-law No. 79-200, to permit the use of the
lands for two 2 storey apartment dwellings, containing a total of
24 units (AM-2023-035).
By-law No. 2024 -105 - 4473-4479 and 4499 Ferguson Street
ZBA
151 - 153
Page 6 of 156
2024-
106.
A by-law to amend By-law No. 2002-081, being a by-law to
appoint City employees, agents and third parties for the
enforcement of provincial or municipal by-laws.
By-law No. 2024-106 - 2024 OCT 22 By-law Enforcement
Officers
154 - 155
2024-
107.
A by-law to adopt, ratify and confirm the actions of the City
Council at its meeting held on the 22nd of October, 2024.
By-law 2024-107 - 10 22 24 Confirming By-law
156
17. ADJOURNMENT
Page 7 of 156
MINUTES
City Council Meeting
4:00 PM - Tuesday October 1, 2024
Council Chambers/Zoom App.
The City Council Meeting of the City of Niagara Falls was called to order on Tuesday, October
1, 2024, at 4:00 PM, in the Council Chambers/Zoom App, with the following members present:
COUNCIL
PRESENT:
COUNCIL
ABSENT:
STAFF
PRESENT:
Mayor Jim Diodati, Councillor Lori Lococo, Councillor Mona Patel,
Councillor Victor Pietrangelo, Councillor Mike Strange, Councillor Ruth-
Ann Niuwesteeg (Present in Chambers)
Councillor Wayne Campbell (Present via Zoom App until 6:04PM). When
Council left to go in-camera he did not return and did not vote.
Councillor Tony Baldinelli
Jason Burgess, Bill Matson, Margaret Corbett, Kira Dolch, Kathy
Moldenhaur, Erik Nickel, Tiffany Clark, Dale Morton, Nidhi Punyarthi, Jo
Zambito, Nick DeBenedetti, Chris Roome, Mackenzie Ceci, Danijel
Dragosavljevic, Grant Felkner, Mike Stewart, James Sticca, Brian Dick
1 CALL TO ORDER
The meeting was called to order at 4:06 PM.
2 ADOPTION OF MINUTES
a) Council Minutes of September 10, 2024
Moved by Councillor Mike Strange
Seconded by Councillor Ruth-Ann Nieuwesteeg
THAT Council adopt the minutes from the September 10, 2024 Council
meeting as presented.
Carried Unanimously
City Council - 10 Sep 2024 - Minutes
3 DISCLOSURES OF PECUNIARY INTEREST
None to report.
4 MAYOR'S REPORTS, ANNOUNCEMENTS
Obits – The Mayor offered sympathy to the families of:
Donald Briggs, Retired Platoon Chief, Fire Services
Eric Brown, brother of Carlton Brown of our Municipal Works Department
Page 1 of 31
Page 8 of 156
Sharron (Todd) Bloor, mother of Jim Todd of our Municipal Works Department
The Mayor discussed the following Events & Announcements:
2nd Annual Charity Community BBQ “BBQ2”
Thank you to staff, organizing committee and everyone who helped make it a
success!
$50K raised for hospital and hospice
Attended by Councillors Lococo, Nieuwesteeg, Pietrangelo, Strange, Patel and
Councillor-to-be Dabrowski
Rotary Lobsterfest
Terry Fox Run
Also attended by Councillors Thomson, Pietrangelo, Strange and Patel
University of Niagara Falls Canada Grand Opening
Also attended by Councillors Patel and Nieuwesteeg.
Trillium Awards
Also attended by Councillors Strange, Patel, Pietrangelo and Nieuwesteeg
NF Art Exhibition Awards
Also attended by Councillor Lococo.
Line of Duty Death Ceremony
Also attended by Councillors Lococo, Nieuwesteeg and Patel.
90th Anniversary of Niagara German-Canadian Club
Councillor Representation
Councillor Strange Riverhawks Home Opener puck-
drop
Run for Niagara
Councillor Pietrangelo Station #4 Niagara District
Firefighters Association Meeting
Run for Niagara
Business Happenings
Culinary Centre Nostaligie—Grand Opening
o Also attended by Councillors Patel and Nieuwesteeg
Post 85th Anniversary of Shreddies
o Also attended by Councillor Thomson
Flag Raisings
National Day of Truth and Reconciliation and Orange Shirt Day
o Also attended by Councillors Nieuwesteeg, Patel and Lococo
Coming up:
Spooky Awards
o Free outdoor Hallowe’en themed decorating contest
o Last year more than 50 properties participated!
o 9 Awards to spookiest residents in 3 categories
o Prizes include gift cards up to $100 each!
o Register until Monday, October 21st online
o Voting/ judging takes place the weekend of October 25th!
Page 2 of 31
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o Niagarafalls.ca/spooky
Next Council Meeting
o Tuesday, October 22nd
5 DEPUTATIONS / PRESENTATIONS
5.1 Civic Recognition - Greater Niagara Baseball Association (GNBA)
Mayor Diodati, along with Bruno Lizzotti, Volunteer Head Coach, recognized
the accomplishments of the 13U Niagara Falls Falcons Baseball Team for the
team's win at the provincial championship in Mississauga.
5.2 Recognition for Larry Landon - Retirement from the Professional Hockey
Players' Association (PHPA)
Mayor Diodati and Brian Ramsay, Executive Director of the PHPA, recognized
and congratulated Larry Landon on his retirement from the Professional
Hockey Players' Association (PHPA) after 33 years of dedication as Executive
Director.
5.3 Recognition for Butch Sacco - former President of Niagara Falls Minor
Hockey
Mayor Diodati, along with Vito Scaringi, former Vice-President of the Niagara
Falls Minor Hockey Association honoured and recognized Butch Sacco for his
35 years of being president of the Niagara Falls Minor Hockey League.
6 PLANNING MATTERS
6.1 PBD-2024-41 (PUBLIC MEETING)
AM-2023-025, Zoning By-Law Amendment Application 26CD-11-2024-008,
Plan of Vacant Land Condominium
4257 Montrose Road
PT TWP LT 80 STAMFORD, AS IN RO344314, EXCEPT PTS 1 & 2
59R11535; NIAGARA FALLS
Applicant: Frank Costantino/ Frank Costantino Construction
Agent: Emilio Raimondo (Raimondo & Associates Architects Inc.)
The Public Meeting commenced at 5:00PM.
Nick DeBenedetti, Planner 2, provided an overview of Report PBD-2024-41.
Emilio Raimondo, Raimondo & Associates Architects Inc., answered questions.
The Public Meeting adjourned at 5:11 PM.
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Ruth-Ann Nieuwesteeg
It is recommended:
1. THAT Council APPROVE the Zoning By-law Amendment to rezone the
property to a site-specific Residential Low Density, Group Multiple
Page 3 of 31
Page 10 of 156
Dwelling (R4) to allow for the development of ten townhouse dwelling
units in two blocks, subject to the regulations outlined in this report;
2. THAT the Draft Plan of Vacant Land Condominium be draft APPROVED
subject to the conditions in Appendix A;
3. THAT the Mayor or designate be AUTHORIZED to sign the Draft Plan of
Vacant Land Condominium as "approved" 20 days after notice of
Council’s decision has been given as required by the Planning Act,
provided no appeals of the decision have been lodged;
4. THAT Draft APPROVAL be given for three years, after which approval
will lapse unless an extension is requested by the developer and
granted by Council; and,
5. THAT the Mayor and City Clerk be AUTHORIZED to execute the
Condominium Agreement and any required documents to allow for the
future registration of the condominium when all matters are addressed
to the satisfaction of the City Solicitor.
Carried Unanimously
6.2 PBD-2024-42 (PUBLIC MEETING)
AM-2023-035, Official Plan Amendment and Zoning By-law Amendment
4473-4479 & 4499 Ferguson Street
Proposal: Internally renovate the existing structures on the subject land
for additional apartment units.
Applicant: 2808378 ONTARIO INC. (Ajay Kahlon)
Agent: Mitchel Baker, Land Pro Planning Solutions Inc.
The public meeting commenced at 5:11 PM.
Chris Roome, Planner 2, provided an overview of Report PBD-2024-42.
Joedy Burdett, resident, addressed Council speaking in favour of staff
recommendation.
Mitchell Baker, Land Pro Planning Solutions Inc., was present to answer any
questions.
The Public Meeting adjourned at 5:19 PM.
Moved by Councillor Lori Lococo
Seconded by Councillor Victor Pietrangelo
It is recommended:
1. THAT Council APPROVE the Official Plan and Zoning By-law
Amendments to increase the permitted density to 128 units per hectare
and rezone the lands to a site-specific Residential 5C Density (R5C)
Zone to permit the internal renovation of the existing buildings to
accommodate 24 total residential units (16 units at 4473-4479 Ferguson
and 8 units at 4499 Ferguson).
Page 4 of 31
Page 11 of 156
2. THAT Council AUTHORIZE the amending by-law to include a sunset
clause to require the execution of a Site Plan Agreement within three
years of the amending by-law coming into effect, with the possibility of a
one-year extension at the discretion of the General Manager of
Planning, Building and Development.
Carried Unanimously
6.3 PBD-2024-43 (PUBLIC MEETING)
AM-2024-003 – Official Plan & Zoning By-law Amendment
6546 Fallsview Boulevard & 6503-6519 Stanley Avenue
Proposal: 58-storey mixed-use development consisting of two towers and
7-storey parking garage.
Applicant: Hennepin Realty Holdings Inc. & Hennepin’s View Inc.
Agent: Bousfields Inc. (David Falletta / Cale Vanderveen)
The Public Meeting commenced at 5:20 PM.
Mackenzie Ceci, Senior Planner, Current Development, provided an overview
of Report PBD-2024-43.
Joedy Burdett, resident, spoke in opposition of the application.
Rocky Vacca, provided a presentation and answered questions.
David Falletta, provided a presentation and answered questions.
The public meeting closed at 6:03 PM.
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Mona Patel
It is recommended:
1. That Council APPROVE the Official Plan Amendment and Zoning By-
law Amendment to facilitate a 58-storey mixed-use development and 7-
storey parking garage, subject to the regulations and modifications
outlined in this Report.
2. That Council AUTHORIZE the inclusion of a Holding (H) provision in the
amending by-law to require the submission of a Quantitative Wind Study
and a new Transportation Impact Study and Terms of Reference, the
inclusion of warning clauses with respect to archaeological resources,
and the implementation of recommendations identified in the Arborist
Reports and Tree Protection Plans.
3. That Council AUTHORIZE the inclusion of a sunset clause in the
amending bylaw to require the execution of a Site Plan Agreement or
the receipt of Draft Plan of Condominium approval within four years of
the amending by-law coming into effect, with the possibility of a two-year
extension at the discretion of the General Manager of Planning, Building
Page 5 of 31
Page 12 of 156
and Development.
4. That Council PASS a motion deeming the proposed changes to the
building height and holding provision minor and exempting the
requirement for further written notice.
Carried Unanimously
7 IN CAMERA SESSION OF COUNCIL
7.1 In-Camera Resolution - 6:04PM.
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Ruth-Ann Nieuwesteeg
THAT Council enter into an In-camera session.
Carried Unanimously
8 REPORTS
Council returned from In-camera and resumed the Council meeting at 7:59 PM.
Councillor Campbell did not return.
8.1 MW-2024-40
Sidewalk Winter Maintenance
James Sticca, Director of Operations, provided a presentation.
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Mike Strange
1. THAT Council APPROVE a service level enhancement for the delivery of
sidewalk snow clearing on Class 2 and Class 3 roads.
2. THAT Council DIRECT Staff to revise the public survey.
Carried Unanimously
8.2 MW-2024-41
Skateboard Park Improvements at MacBain Park
RFQ73-2024 Award
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Ruth-Ann Nieuwesteeg
1. THAT Council AWARD the Supply and Installation of Skateboard Park
Improvements at MacBain Park RFQ73-2024 to the lowest compliant
bidder Stonecast Contracting Limited (Stoney Creek, ON.) for
$95,578.80 plus applicable taxes.
Page 6 of 31
Page 13 of 156
2. THAT Council APPROVE a 2024 capital budget amendment of $18,000
funded by CSPR 26 - Recreation Facilities Capital Reserve for Project
RF57-20 - MacBain Skatepark Improvements.
3. THAT staff BE AUTHORIZED to execute the necessary documents.
Carried Councillor Lococo was opposed
8.3 PBD-2024-44
Sidewalk Café Program Fees: Summer 2024 Amendments
Moved by Councillor Mike Strange
Seconded by Councillor Mona Patel
1. THAT Council RECEIVE this report on recommended changes to
Sidewalk Café fees.
2. THAT Council ADOPT a 3-year application and licensing fee structure of
$200 + $15.00 per square meter.
3. THAT Council ADOPT the recommended Small Frontage Sidewalk Café
program.
4. THAT Council DIRECT staff to update the Sidewalk Café Guidelines
publication and Sidewalk Café Application form.
Carried Councillor Lococo was opposed
8.4 R&C-2024-15
Aquatic Services Update
Moved by Councillor Mike Strange
Seconded by Councillor Ruth-Ann Nieuwesteeg
1. To CONTINUE TO OPERATE four outdoor pools and to annually review
future capital expenses.
2. To PERMANENTLY CLOSE and to demolish EE Mitchelson pool and
building for the cost of $100,000 due to the current condition.
3. To IMPLEMENT a public engagement process to determine a new EE
Mitchelson Park feature to be constructed at the former pool site.
4. To CONTINUE TO REVIEW the city's indoor and outdoor aquatic service
levels for 2025.
5. That Council DIRECT Staff to come back with a report on pool feasibility
study for an additional pool.
6. That Council DIRECT Staff to implement a public engagement process to
determine which pools residents would like to see maintained through
investment and whether they are willing to pay additional money to keep them
open for extended periods of time.
Carried Unanimously
8.5 F-2024-32
City Homelessness Costs
Moved by Councillor Mona Patel
Page 7 of 31
Page 14 of 156
Seconded by Councillor Lori Lococo
THAT Council RECEIVE this report for information.
Carried Unanimously
9 CONSENT AGENDA
9.1 MW-2024-39
Funding Opportunity - FCM Growing Canada's Community Canopies
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Ruth-Ann Nieuwesteeg
1. THAT Council AUTHORIZE Staff to apply to the Growing Canada's
Canopies tree planting grant from the Federation of Canadian
Municipalities (FCM) for activities described in report MW-2024-39; and
further,
2. THAT Council AUTHORIZE the General Manager of Municipal Works /
City Engineer to enter into agreements with the grantor (FCM), local
school boards, and other project partners for the purposes of preparing
the grant application and executing the grant as described in this report.
Carried Unanimously
10 COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
10.1 Proclamation Request - Fire Prevention Week - 2024
Fire Chief Jo Zambito is requesting Council to proclaim the week of October 6,
2024 to October 12, 2024 as "Fire Prevention Week." This year's theme is:
"Smoke Alarms: Make them work for you!"
Recommendation: For the APPROVAL of Council.
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Ruth-Ann Nieuwesteeg
THAT Council APPROVE the request to proclaim the week of October 6, 2024
to October 12, 2024 as "Fire Prevention Week."
Carried Unanimously
10.2 Proclamation Request - Niagara Falls Public Library
The Board members of the Niagara Falls Public Library request that Council
proclaim the month of October as "Canadian Public Library Month and October
20, 2024 - October 26, 2024 as "Ontario Public Library Week" in the City of
Niagara Falls.
Recommendation: For the APPROVAL of Council.
Moved by Councillor Lori Lococo
Page 8 of 31
Page 15 of 156
Seconded by Councillor Mike Strange
THAT Council proclaim the month of October as "Canadian Public Library
Month and October 20, 2024 - October 26, 2024 as "Ontario Public Library
Week" in the City of Niagara Falls.
Carried Unanimously
10.3 Resolution - Township of Lake of Bays - AMCTO Provincial Updates to
the Municipal Elections Act
Attached is correspondence regarding the Township of Lake of Bays Council
resolution in relation to the AMCTO Provincial Updates to the Municipal
Elections Act.
Recommendation: THAT Council APPROVE/SUPPORT.
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Ruth-Ann Nieuwesteeg
THAT Council SUPPORT the resolution regarding the Township of Lake of
Bays Council resolution in relation to the AMCTO Provincial Updates to the
Municipal Elections Act.
Carried Unanimously
11 COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
11.1 Office of the Integrity Commissioner - Matter No. IC-31204-0424 - Burdett
re: Campbell
Attached is an investigation report from the Integrity Commissioner and
Investigator with regard to the above captioned matter.
Joedy Burdett, resident at 4480 Bridge Street, spoke to the item and wanted
Council to amend the Code of Conduct to prevent use of profanity.
Recommendation: THAT Council RECEIVE for information.
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Mike Strange
THAT Council RECEIVE for information Item #11.1.
Carried Unanimously
11.2 East Ferris - Rural Ontario Municipal Association (ROMA) and Ontario
Good Roads Association (OGRA) Boards to re-establish a combined
OGRA and ROMA annual conference.
Attached is resolution from Council for the Municipality of East Ferris
supporting that both the Rural Ontario Municipal Association (ROMA) and
Ontario Good Roads Association (OGRA) Boards to re-establish a combined
OGRA and ROMA annual conference.
Recommendation: THAT Council RECEIVE for information.
Page 9 of 31
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11.3 Correspondence from the Niagara Region
Attached is correspondence sent from the Niagara Region regarding the
following matters:
1. CLK-C-2024-105 Motion respecting Municipal Code of Conduct.
2. CLK-C-2024-102 Niagara Region Incentive Policy Review.
Recommendation: THAT Council RECEIVE for information.
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Ruth-Ann Nieuwesteeg
THAT Council RECEIVE for information Item #11.2 and #11.3.
Carried Unanimously
12 COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
12.1 Memo from Environmental Action Committee -Electrical Vehicle Chargers
At the September 18th, 2024 Environmental Action Committee meeting, there
was a motion put forward to send the following information to City Council,
requesting that City Council send a resolution to the Province of Ontario’s
Ministry of Municipal Affairs and Housing that supports the building code to
include the mandatory rough-in for future vehicle charging stations.
Motion:
Moved by John Brucato, second by John Morocco THAT City Council
CONSIDER sending a resolution to The Province of Ontario's Ministry of
Municipal Affairs and Housing to reimplement mandatory rough-in for future
home vehicle charging stations in new home builds.
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Lori Lococo
THAT City Council CONSIDER sending a resolution to The Province of
Ontario's Ministry of Municipal Affairs and Housing to reimplement mandatory
rough-in for future home vehicle charging stations in new home builds.
Carried (Councillor Patel was opposed).
13 RESOLUTIONS
13.1 Vacancy of Office - Resolution No. 13
THAT the Council of the City of Niagara Falls APPOINT CHRIS DABROWSKI
to the office of City Councillor for the remainder of the term.
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Mike Strange
THAT the Council of the City of Niagara Falls APPOINT CHRIS DABROWSKI
Page 10 of 31
Page 17 of 156
to the office of City Councillor for the remainder of the term.
Carried Unanimously
14 RATIFICATION OF IN-CAMERA
a) Ratification of In-Camera
Moved by Councillor Mike Strange
Seconded by Councillor Ruth-Ann Nieuwesteeg
That Council provided direction to staff regarding In-camera matters.
Carried Unanimously
15 NOTICE OF MOTION/NEW BUSINESS
a) Notice of Motion
Maintenance of City and Regional Roads
Attached is a request for a Notice of Motion from Mayor Diodati regarding the
maintenance of City and Regional roads.
Councillor Strange left the meeting at 9:50 PM.
Notice of Motion from Mayor Diodati OCT 1
b) Homeless Pilot Project
Councillor Patel discussed a pilot project to integrate the homeless back into
society at the City and Regional levels. CAO will work with the Region and
come back with direction to staff.
16 BY-LAWS
2024-
090
A by-law to amend By-law No. 79-200, to permit the use of the lands for the
development of 10 townhouse dwelling units in 2 blocks (AM-2023-025).
2024-
091
A by-law to provide for the adoption of Amendment No. 171 to the City of
Niagara Falls Official Plan (AM-2024-010).
2024-
092
A by-law to amend By-law No. 79-200, to permit the use of the lands for the
development of 5 Stacked Townhouse dwellings containing 72 units, subject to
a 3-year sunset clause. (AM-2024-010).
2024-
093
A by-law to amend By-law No. 79-200, to permit the use of the lands for the
development of hotel with two 30 -storey towers connected by a 4-storey
podium, containing 548 hotel rooms, subject to a 3-year sunset clause. (AM-
2024-013).
2024-
098
A by-law to amend By-law No. 2002-081, being a by-law to appoint City
employees, agents and third parties for the enforcement of provincial or
municipal by-laws.
2024-
099
A by-law to adopt, ratify and confirm the actions of the City Council at its
meeting held on the 1st of October, 2024.
Page 11 of 31
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Moved by Councillor Victor Pietrangelo
Seconded by Councillor Lori Lococo
THAT the by-laws be read a first, second and third time and passed.
Carried.
Councillor Lococo was opposed to by-law 2024-091 and 2024-092
17 ADJOURNMENT
a) That Council adjourn the meeting at 9:56 PM.
Moved by Councillor Lori Lococo
Seconded by Councillor Mona Patel
THAT Council ADJOURN the meeting at 9:56 PM.
Carried Unanimously
Mayor
City Clerk
Page 12 of 31
Page 19 of 156
R&C-2024-16
Report
Report to: Mayor and Council
Date: October 22, 2024
Title:
World Health Organization Age Friendly Designation for the
City of Niagara Falls
Recommendation(s)
Health World the to application an the submission support Council 1.That of
Organization (WHO) for the City of Niagara Falls to join the WHO Global Network of
Age-friendly Cities and Communities.
2.That the Mayor provide an official letter of support to become a designated city under
the World Health Organization (WHO).
Executive Summary
On April 30, 2024, the Seniors Advisory Committee (SAC) presented to Council an
overview of the activities planned for Seniors Month in June. In conclusion to the
presentation, the SAC emphasized its ongoing efforts to have the City of Niagara Falls
officially recognized as an Age Friendly City. This recognition would come from the
World Health Organization (WHO) through an official designation, which the SAC is
actively working towards achieving.
This report seeks Council endorsement for submission of an application for the city of
Niagara Falls to become recognized as an age friendly community (AFC) with the World
Health Organization (WHO)
Background
The Seniors Advisory Committee (SAC) was formed in 2019. The purpose of the SAC
committee is to serve in an advisory capacity to Council and staff on matters that impact
the quality life of seniors (60 years plus) in the City of Niagara Falls.
The Seniors Advisory Committee (SAC) SAC acts as a liaison to enrich and enhance
the lives of seniors within Niagara Falls by identifying barriers, forming partnerships with
the community and acting as a public forum for issues affecting seniors.
The Seniors Advisory Committee has made significant progress since its inception,
evolving into a highly effective and engaged body. Over the years, the committee has
introduced numerous innovative and impactful initiatives that have greatly benefited our
Page 1 of 3
Page 20 of 156
senior community. These efforts reflect the committee’s dedication to addressing the
needs of older adults in Niagara Falls. Some of the committees’ achievements include:
•Created a monthly television show called ‘Seniors News & Views’ on Cogeco TV
providing a platform to share important information, insights and updates relevant to the
senior community
•The planning and coordination of activities in June for National Seniors month
•Offered input to staff on specific initiatives such as discounts for low-income seniors on
property taxes and water bills
•Developed and implemented a community survey to gather input from city residents
who are 60 plus years of age and provided recommendations on parts of the report to
Council
Analysis
Age-friendly environments foster healthy and active aging. Cities and communities
around the world are already taking steps towards becoming more age friendly.
Partnering with the World Health Organization (WHO) offers access to a vast network of
cities helps This resources. guidelines and best sharing nations, and practices,
municipalities adopt proven strategies to address challenges, particularly for aging
populations.
As the population of Niagara Falls continues to age, achieving an Age-Friendly city
designation presents significant a (WHO) Organization Health World the from
opportunity to improve the quality of life for seniors, promote inclusivity, and enhance
community well-being. The designation provides a framework for the city to assess,
plan, and implement policies that ensure it is meeting the needs of its older population
while also benefiting all residents.
Earning the World Health Organization’s designation will bring significant recognition to
Niagara Falls, highlighting it as a leader in supporting older adults. Further, Niagara
Falls. Would be recognized for making a strong commitment to improving the lives of
older are that opportunities and services involves creating This adults. spaces,
welcoming, accessible, and supportive for seniors.
Financial Implications/Budget Impact
There is no application or membership fee to join the World Health Organization (WHO).
Participation in the network requires a commitment of staff time. Staff will coordinate
and manage the process to implement municipal best practices including an annual
plan to support the Age Friendly Community. This investment is essential for developing
and implementing initiatives that align with the goals of the designation and the city's
Strategic Plan Pillars.
Strategic/Departmental Alignment
Page 2 of 3
Page 21 of 156
The City of Niagara Falls is strategically committed to fostering an inclusive and
accessible community for residents of all ages. This initiative aligns with the city's
broader vision of enhancing livability and ensuring that its services, infrastructure, and
programs meet the evolving needs of its aging population.
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.
Written by:
Hanya Mitchell, Manager of 60+ Older Adults and Aquatics
Submitted by: Status:
Kathy Moldenhauer, General Manager of Recreation,
Culture & Facilities
Approved
- 10 Oct
2024
Jason Burgess, CAO Approved
- 14 Oct
2024
Page 3 of 3
Page 22 of 156
World Health Organization Age Friendly Designation
Seniors Advisory Committee | October 22, 2024
Recreation, Culture & Facilities
Page 23 of 156
Age Friendly DesignationWho are the Seniors Advisory Committee (SAC)?
To serve in an advisory capacity
to City Council and staff on
matters that impact the quality of
life of seniors (60 years plus) in
the City of Niagara Falls.
2Page 24 of 156
Age Friendly DesignationMembers of the Seniors Advisory Committee
Otto Penner – Chair
Anna Racine – Vice Chair
Councillor Wayne Campbell
Councillor Ruth-Ann Nieuwsteeg
Beth DalBianco
Karen Fraser
Eileen Tinio-Hind
Kathy Quiquero
Joe Szabo
Ewald Kuczera
3Page 25 of 156
Age Friendly DesignationAge Friendly Designation
4Page 26 of 156
Designations in Niagara
Niagara Falls conspicuously
absent
Age Friendly Designation5Page 27 of 156
Age Friendly DesignationCommunities that have demonstrated that they
have met at least the first three age-friendly
communities' milestones can be recognized by their
province or territory as officially on the road to
becoming age-friendly.
These are the Pan-Canadian Age-Friendly
Communities Milestones:
•√ Establish an advisory committee that includes
the active engagement of older adults.
• Secure a local municipal council resolution to
actively support, promote and work towards
becoming age-friendly.
• √ Establish a robust and concrete plan of action
that responds to the needs identified by older
adults in the community (SAC Strat Plan).
• √ Demonstrate commitment to action by
publicly posting the action plan.
• Commit to measuring activities, reviewing
action plan outcomes and reporting on them
publicly.
How Canadian Communities are Officially Recognized as Age Friendly
6Page 28 of 156
Age Friendly DesignationChecklist of Essential Features of Age-Friendly Cities
7
Outdoor spaces and buildings
☐ Public areas are clean and pleasant.
☐ Green spaces and outdoor seating are sufficient in
number, well-maintained and safe.
☐ Pavements are well-maintained, free of obstructions
and reserved for pedestrians.
☐ Pavements are non-slip, are wide enough for
wheelchairs and have dropped curbs to road level.
☐ Pedestrian crossings are sufficient in number and safe
for people with different levels and types of disability,
with nonslip markings, visual and audio cues and
adequate crossing times.
☐ Drivers give way to pedestrians at intersections and
pedestrian crossings.
☐ Cycle paths are separate from pavements and other
pedestrian walkways.
☐ Outdoor safety is promoted by good street lighting,
police patrols and community education.
☐ Services are situated together and are accessible.
☐ Special customer service arrangements are provided,
such as separate queues or service counters for older
people.
☐ Buildings are well-signed outside and inside, with
sufficient seating and toilets, accessible elevators, ramps,
railings and stairs, and non-slip floors.
☐ Public toilets outdoors and indoors are sufficient in
number, clean, well-maintained and accessible.Page 29 of 156
Age Friendly DesignationOther Checklist Topics:
8
•Transportation
•Housing
•Social Participation
•Respect and Social Inclusion
•Civic Participation and
Employment
•Communication and Information
• Regular information and
broadcasts of interest to older
people are offered.
•Community and Health
Services
Page 30 of 156
WHO Global Network for Age-Friendly Cities and Communities
Application form with
commitments from the Mayor
and CouncilAge Friendly Designation9Page 31 of 156
Age Friendly DesignationApplication
10
1) City/Community details
Name of city/community *
*
Region or state
Country *
Your city/community's population size *
% of residents above the age of 60 *
Are you applying through one of the Network's
Affiliated Programmes? *
2) Commitment towards becoming an age-
friendly city/community
Letter of commitment from the Mayor *
Mayor's name and title *
Email of the Mayor’s office *
Address of the Mayor's office *
3) Designation of contact person for the
Global Network
Name Title Position Role in City
Email Phone
Page 32 of 156
Seniors Month ActivitiesQUESTIONS?
11Page 33 of 156
THANK YOUSeniors Month Activities12Page 34 of 156
PBD-2024-45
Report
Report to: Mayor and Council
Date: October 22, 2024
Title:
AM-2024-021, Official Plan Amendment and Zoning By-law
Amendment
7230 Lundy’s Lane
Proposal: Two 9-Storey Apartment Buildings With 25 Units
Each
Applicant: 100045845 ONTARIO LIMITED
Agent: William Heikoop, Upper Canada Consultants
Recommendation(s)
1. That Council RECEIVE the Official Plan and Zoning By-law Amendments to
increase the permitted height to 9 storeys with a density of 63.53 units per
hectare and rezone the lands to a site-specific Tourist Commercial (TC) Zone to
permit the construction of two 9-storey apartment buildings consisting of 50 total
residential units (25 units in each building), for information.
Executive Summary
100045845 Ontario Limited has requested an Official Plan Amendment and a Zoning
By-law Amendment for 0.787 hectares (1.94 acres) of land known municipally as 7230
Lundy’s Lane. The applicant is proposing to construct two 9-storey apartment buildings
consisting of 50 total residential units (25 units in each building) with a proposed density
of 63.53 units per hectare.
No comments from the public have been received for this application. Notice of Public
Open House was circulated on August 20th, 2024 and Notice of Public Meeting was
circulated on October 1, 2024.
Background
100045845 Ontario Limited has requested an Official Plan Amendment and Zoning By-
law Amendment for 0.787 hectares (1.94 acres) of land known municipally as 7230
Lundy’s Lane, as shown on Appendix 1. Appendix 2 shows the conceptual Site Plan
and Appendix 3 shows the location of the development within the subject lands and
identifies the Official Plan designations and zoning.
Page 1 of 14
Page 35 of 156
The northern portion of the subject lands (development area) are designated Tourist
Commercial and Residential in part, within the City’s Official Plan, and located within the
Lundy’s Lane Satellite District. The Tourist Commercial designation and Lundy’s Lane
Satellite District, permits residential uses, including apartments with a density between
50-100 units per hectare and a maximum building height of 6 storeys. The residential
designation also permits apartments at a density of 75-100 units per hectare. The
balance of the land is designated Residential and Environmental Conservation Area.
The applicant is proposing to place the lands under a Special Policy Area of the Tourist
Commercial designation, to permit a maximum building height of 9 storeys and a
density of 63.53 units per hectare.
The lands are currently zoned Tourist Commercial (TC) Zone and Prestige Industrial
(PI) zone, in part, in accordance with Zoning By-law No. 79-200, as amended. The
applicant is proposing to rezone the proposed development area to a site-specific
Tourist Commercial (TC) Zone to permit the construction of two 9-storey apartment
buildings consisting of 50 total residential units (25 units in each building). The proposed
site-specific TC zone is requesting relief for rear yard setback, projection of open
balconies into required rear yards, height, and to add apartments as a permitted use.
Site Conditions and Surrounding Land Uses
The subject lands are currently vacant and located on the south side of Lundy’s Lane
between Montrose Road and Brookfield Avenue and were previously occupied by a
miniature golf course and restaurant. Surrounding land uses include:
North – Commercial Uses – restaurants, motel, recreational and utility uses;
South – vacant land;
East – Millenium Trail and Hydro One Corridor; and
West – Residential Apartment.
The subject property is located along the WEGO Red Line, with a bus stop located
directly in front of the site. This line has connections to various other transit lines
including routes 111, and 113, as well as Regional Transit Line 60/65 which connects to
the City of Welland. Additionally, these transit lines service the MacBain Community
Centre, Niagara Square Shopping Centre, Our Lady of Mount Carmel Catholic
Elementary School, while also connecting with various other transit lines that provide
further access to the city.
This site is also in close proximity to the Greendale Public School (approximately
700m), and Westlane Secondary School (1km).
Circulation Comments
Page 2 of 14
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Information By-law and Amendment Plan Zoning requested the about Official
Amendment application was circulated to City departments and divisions, agencies, and
the public for comments. The following summarizes the comments received to date.
Regional Municipality of Niagara
Regional Staff are satisfied that the proposed Official Plan Amendment and
Zoning By-law Amendment is consistent with the Provincial Policy Statement and
conforms to Provincial and Regional Plans, subject to the applicant confirming
the boundaries of the NES features and associated buffers being shown in an
appropriately restrictive environmental designation and zone within the Official
Plan and Zoning schedules.
Staff Response:
Staff recognize the Regions request to identify an appropriately restrictive
environmental designation and zone represented as the significant woodlot on
site and the applicant is working towards a solution that satisfies the Region's
concerns.
Municipal Works (Development Engineering)
Staff do not accept the submitted Functional Servicing Report due to the
domestic water and fire flow site requirements not being provided within the
report.
The City requires sanitary and water modelling and the corresponding fee to be
paid. To date, this has not been completed. The applicant recently submitted the
fee and a draft model is excepted in early November.
The report proposes installing a private storm sewer within the City’s Millennium
Trail easement on Hydro One lands. There is no easement that exists, and the
lands are under OPG ownership. The storm sewers must be constructed within
the private development lands. Additionally, OPG will need to approve this
stormwater management design with outlet into their corridor.
Staff Response:
Staff recognize the need for modelling to be completed prior to receiving Official
Plan and Zoning approval to ensure that the site can be adequately serviced and
that Lundy’s Lane has the proper capacity. Additionally, the applicant will need to
address the proposed location of the storm sewers as mentioned above, this can
be done at the Site Plan Stage. The modelling is expected to be received in early
November, and as a result, no recommendation is being brought forward until
Staff have more information.
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Municipal Works (Transportation Services)
Access to the proposed development will be through the neighbouring property
via an established easement, with drivers using the existing signalized
intersection to proceed to and from Lundy’s Lane.
A traffic study is not required as the expected traffic flow is not anticipated to
exceed 100 trips/ day and the site is well serviced by public transit.
A development consisting of 50 apartment units in 2 buildings requires 70
parking spaces, at a rate of 1.4 parking spaces per unit. There are 73 parking
spaces proposed. The minimum number of accessible parking spaces is based
on the parking lot capacity. A parking area having 73 parking spaces requires a
minimum of three (3) accessible parking spaces. There are four (4) accessible
parking spaces proposed; 2 in front of each building
Building Services
A water/sewer permit shall be obtained to construct site services.
A building permit will be required, if granted approval.
All further detailed and site-specific Ontario Building Code construction
requirements will be addressed during the building permit application process.
Please be advised the new Ontario Building Code will take effect January 1,
2025.
All necessary building permit fees and securities will be assessed during building
permit application review. Calculations are completed in accordance with Niagara
Falls Building By-law.
Municipal, Regional, Educational Developments Charges (not excluding Parkland
dedication fee) will be assessed at time of building permit review. Development
Fees are required to be paid at time of building permit issuance.
Signs are to be in accordance with municipal sign-bylaw and may be subject to a
sign permit application.
A geotechnical report/subsurface investigation containing soil bearing capacity,
underground water data, seismic data, foundation recommendation, etc. shall be
provided at building permit application submission.
All other applicable law approvals shall be obtained prior to acceptance of a
building permit application.
Page 4 of 14
Page 38 of 156
A zoning compliance certificate shall be obtained prior to acceptance of a
building permit application.
Owner/Agent/Applicant to consult with Building Services regarding unit naming
and addressing requirements.
Fire Prevention may provide comments related to firefighting requirements such
as fire-route accesses, fire-hydrant locations (private and/or public), fire-
department connection(s), etc.
Fire Department
The Fire Department has no concerns with respect to the proposed Official Plan
and Zoning By-law Amendment.
The proposed development will require a building permit from the City of Niagara
Falls Building Department. All required permits shall be obtained prior to the
commencement of any construction.
Compliance with the Ontario Fire Code is required at all times in buildings that
are occupied. This includes but is not limited to the maintenance of fire alarm
systems, sprinkler systems, standpipe systems, fire department connections, fire
access routes, exits (means of egress).
GIS Services
No objections.
Enbridge
No objections.
Neighbourhood Comments
A public open house was held on September 3, 2024, and was attended by Staff and
the agent for the applicant. No members of the public attended, and no written
comments were received by Staff.
Analysis
1. Provincial Policies
The Planning Act requires City planning decisions to be consistent with the Provincial
Policy Statement (PPS) and conform to the Provincial “A Place to Grow” Plan. The
proposed development is consistent and conforms as follows:
Page 5 of 14
Page 39 of 156
The proposed development satisfies matters of provincial interest as outlined in
Section 2 of the Planning Act;
The proposed development is located within the Built-up Area, is transit
supportive as the property is located in close proximity to multiple transit lines,
will contribute to the City’s annual residential intensification target, will diversify
the type of housing available to residents, and will support the achievement of a
complete community; and
The proposed development makes use of vacant land and encourages the
efficient use of existing municipal infrastructure and services.
2. Regional Official Plan
The subject lands are designated Delineated Built-Up Area in the Regional Official Plan.
The proposed development conforms as follows:
The site is located within the urban area, represents an efficient use of urban
land, and will utilize existing municipal infrastructure and services;
The proposal will assist with achieving the City’s minimum residential
intensification target of 50% occurring annually within the Built-up Area;
The proposed development provides for a compact built form and allows for a
range of housing types which contributes to the creation of a complete
community; and,
The application conforms to the natural heritage policies of the Regional Official
Plan as an Environmental Impact Study has been undertaken and appropriate
measures will be implemented to secure the protection of the environmental
features, including a 10-m naturalized buffer.
3. City Official Plan
The City’s Official Plan designates the northern portion as Tourist Commercial, while the
balance of the lands are designated Residential and Environmental Conservation Area,
in part. The location of the proposed development consists entirely of the Tourist
Commercial designation, while also including a small portion of the Residential
designation. The application proposes to redesignate the development area to a Special
Policy Area of the Tourist Commercial designation. The portion of the land designated
Environmental Conservation Area is not proposed to be changed as a part of these
applications.
Page 6 of 14
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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 applicant is proposing a Special Policy Area of the Tourist Commercial designation
that permits a maximum height of 9 storeys and a density of 63.53 units per hectare.
The proposal complies with the intent of the Official Plan as follows:
The location is appropriate for this level of growth and development, as it is
located within the built boundary and away from non-urban areas.
The proposal provides pedestrian connections to the surrounding neighbourhood
via the use of the Millenium Trial and amenity space has been provided with the
inclusion of balconies and private outdoor amenity patios.
The proposal protects natural heritage features by directing the proposed
development outside of the identified limits of the natural features found on site.
The proposed density of 63.53 units per hectare is considered to have regard for
the intent of the Official Plan as the development makes efficient use of the
layout by minimizing the development's impact on the surrounding neighborhood.
The required density in the Lundy’s Lane Satellite District is 50-100 units per
hectare, which would make the proposal consistent, however a small portion of
the proposed development is within the Residential designation, which has a
required density of 75-100 units per hectare and a maximum height of 6 storeys.
As the majority of the lands are located within the Lundy’s Lane Satellite District,
Staff conclude that the request is technical in nature and meets the intent of the
Official Plan.
The proposal will minimize urban land consumption and efficiently uses
underutilized land, engages the street through the use of a podium design,
respects existing building heights by matching the built form of adjacent uses and
negates the visual impact of parking by strategically using the northern most
building to impede sightlines to the parking lot.
The proposal aligns with the City’s housing policies which promote multi-unit
developments, and the development of underutilized parcels. Further, the
proposal will contribute to and diversify the City’s supply of rental housing and
contributes to a range and mix of housing types.
The estimated rental prices have not been provided by the applicant, as the floor
plans have yet to be finalized, however the applicant has indicated that the
proposed units are expected to be more attainable than many ground-based
Page 7 of 14
Page 41 of 156
dwellings due to the inclusion of smaller units and larger multi-generational units.
Furthermore, the applicant has stated in an addendum to the PJR that, in Q2 of
2024, 67% of housing starts were considered to be affordable, according to the
Quarter 2 Development and Housing Report. They have also indicated that, at
this rate and along with 6,908 draft approved and registered units, and the
increase in planning applications in the second quarter, the City will meet and
exceed its housing affordability target of 40%, and therefore this project is not
required to supply affordable units.
4. Zoning By-law No. 79-200
The subject lands are currently affected by two zoning categories. The northern most
section of the property is zoned Tourist Commercial (TC) Zone, and comprises most of
the proposed development, while the balance of the property is zoned Prestige
Industrial (PI) Zone. The Prestige Industrial zone generally provides for Class 1
industrial land uses that are smaller in scale and emit low levels of sound, dust, odour or
vibration. The D6 guidelines identify a 70 m potential influence area and recommends a
20 m minimum distance for incompatible uses. If an industrial use is constructed to the
south of the proposed development, Staff are satisfied that the existing woodland
(approximately 280m in length) provides a sufficient natural buffer to any future uses
and exceeds the recommendation of the D6 guidelines for Class 1 uses.
The proposed Zoning By-Law Amendment requests to rezone a portion of the land to a
site-specific Tourist Commercial Zone to permit the construction of two apartment
buildings. The site-specific amendment seeks to permit apartment dwelling units as a
use, reductions to rear yard depth, encroachments of an open balcony into a rear yard,
and an increase in permitted height.
The site-specific amendments that have been requested by the applicant are
summarized in the table below. Staff note that the rear yard is measured to the rear
property line, however as a part of this application, the rear yard will be measured to the
buffer of the woodland, which coincides with the zone boundary. This is in anticipation
of future development in the rear that would sever this parcel along the buffer line and
will be captured in the amending by-law.
ZONE
REGULATIONS
EXISTING
REGULATIONS
REQUESTED
REGULATIONS
STAFF
RECOMMENDATION
Minimum Rear
Yard (to zone
boundary)
10 m 9.84 m Support
Maximum Height 12 m 29 m Support
Encroachment of
Open Balcony into
Rear Yard (to
zone boundary)
1.8 m 4.05 m Support
Page 8 of 14
Page 42 of 156
Permitted Uses
Uses under
Section 8.6.1 of
Zoning By-law 79-
200 (Does not
permit
apartments)
Apartments Support
Staff support the proposed change from the TC and PI Zone to a site-specific TC Zone
with the above requested site-specific regulations for the following reasons:
The requested rear yard setback is a minor departure from the required 10m.
The rear yard setback intends to ensure the adequate spacing can be maintained
between uses and ensure that residential uses have an adequate amount of
amenity space. The proposed development provides balconies and outdoor
amenity space and provides linkages to the Millenium Trail. Furthermore, an
adequate buffer is still maintained if any future development is pursued behind
building number 2 as the NES feature, as well as the 9.84m setback create a
suitable buffer.
The request for 29m in height is appropriate for the subject lands as they are
located along an arterial road. The location and podium design provide adequate
separation distances to neighbouring properties.
The encroachment of balconies into required rear yards does not pose a
negative impact to the proposed development or adjacent properties and enables
the owner to provide on-site amenity space to residents.
5. Sunset Clause
the for priority key a is provision of provincial orderly and timely The housing
government and the City of Niagara Falls. To ensure that housing is delivered in line
with the existing and planned services that are required to support it, servicing cannot
be held up in developments that fail to proceed in a timely manner. To encourage the
timely development of the subject lands, Staff will be recommending that the amending
by-law includes a sunset clause to require the execution of a Site Plan Agreement
within four years of the amending by-law coming into effect, with the possibility of a two-
year extension at the discretion of the General Manager of Planning, Building and
Development to provide flexibility. This recommendation will be made at a later date.
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.
Page 9 of 14
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6. Appeal Provision – 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
land to which the Official Plan Amendment/Zoning Amendment/By-law will apply, who
made oral submissions at a Public Meeting or written submissions to the Council of the
City of Niagara Falls prior to the adoption of the Official Plan Amendment/Zoning
Amendment Plan Official appeal may the the of passage and/or By-law,
Amendment/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 operation implications associated with this proposal as the application is
being processed internally by staff.
Financial Implications/Budget Impact
The proposed development will provide development charges, cash-in-lieu of parkland
dedication, a new tax assessment, and a Community Benefits Charge for the City.
Strategic/Departmental Alignment
Although 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 increase the supply
of housing in support of the City’s housing targets and pledge.
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
Appendix 1
Appendix 2
Appendix 3
Written by:
Chris Roome, Planner 2
Submitted by: Status:
Signe Hansen, Director of Planning Approved
Page 10 of 14
Page 44 of 156
- 18 Oct
2024
Kira Dolch, General Manager, Planning, Building &
Development
Approved
- 18 Oct
2024
Jason Burgess, CAO Approved
- 18 Oct
2024
Page 11 of 14
Page 45 of 156
Appendix 1
Location Map
Page 12 of 14
Page 46 of 156
Appendix 2
Conceptual Site Plan
Page 13 of 14
Page 47 of 156
Appendix 3
Official Plan and Zoning Map
Location of
proposed
development
Tourist Commercial
designation and
zoning
Residential
designation and
Prestige Industrial
zoning
Subject lands not
affected by
applications
Page 14 of 14
Page 48 of 156
Address: 7230 Lundy’s Lane
Applicant: Upper Canada Consultants
Proposal: Construct Two 9-storey Apartment Buildings Containing 25 units each
Official Plan Amendment and Zoning By-law
Amendment Application
AM-2024-021
Page 49 of 156
A GREAT CITY…FOR GENERATIONS TO COME
Background
Proposal
The application is to redesignate and rezone the subject lands to a special policy area
and site-specific Tourist Commercial Zone to permit the construction of 2 9-storey
apartment buildings consisting of 50 total residential units (25 units in each building).
The application proposes a total density of 63.53 units per hectare.
Official Plan
The subject lands are designated Tourist Commercial, Residential and Environmental
Conservation in the City’s Official Plan and are within the Lundy’s Lane Satellite District.
The application does not conform to the required 75-100 units per hectare.
Zoning By-law No. 79-200
The subject lands are zoned Tourist Commercial and Prestige Industrial in accordance
with Zoning By-law 79-200. Page 50 of 156
A GREAT CITY…FOR GENERATIONS TO COME
Location
Subject Lands
Commercial Use
Detached
Dwellings
Hydro Corridor
Page 51 of 156
A GREAT CITY…FOR GENERATIONS TO COME
Site Plan
Page 52 of 156
A GREAT CITY…FOR GENERATIONS TO COME
Proposed Zoning Relief
Maximum Height
Proposed: 29 m
Permitted: 12 m
Min. Rear Yard Setback
Proposed: 0.69 m
Required: Half of building
height
Permitted Use
Proposed: Apartments
Encroachment of Open
balcony into Rear Yard
Proposed: 4.05 m
Required: 1.8 m
Page 53 of 156
A GREAT CITY…FOR GENERATIONS TO COME
Neighbourhood Comments
•Public Information Open House was held on September 3, 2024. The Open House was
not attended by any members of the public and no written submissions have been
received.Page 54 of 156
A GREAT CITY…FOR GENERATIONS TO COME
Recommendations
•That Council receive the Official Plan Amendment and Zoning
By-law Amendment to redesignate the lands to a special policy
area and rezone the lands to a site-specific Tourist Commercial
Zone to permit the construction of two 9-storey apartment
buildings, for information.Page 55 of 156
7230 LUNDY’S LANE
NIAGARA FALLS
COMBINED OFFICIAL PLAN AMENDMENT AND
ZONING BY-LAW AMENDMENT
William Heikoop, B.U.R.Pl., MCIP, RPP
Planning Manager
Upper Canada Consultants
Page 56 of 156
Site Context
Proposed Area of Development
QEW, commercial &
residential land uses Millennium Trail,
Hydro One corridor,
commercial &
residential land uses
Significant woodlot
& future
development lands
Commercial &
residential land uses
Page 57 of 156
Two 9-storey residential apartment
buildings containing 25 dwelling units
each - 50 units total.
On-site Parking: 73 Spaces
Proposed Residential Apartments
Page 58 of 156
Official Plan Amendment
Page 59 of 156
Zoning By-law Amendment
Page 60 of 156
Lundy’s Lane facing south
3D View looking
south east
Elevations and Massing
West Elevation
3m step backs
Page 61 of 156
•Archaeological Assessment
•Environmental Impact Study
•Environmental Site Assessment
•Functional Servicing Report and Stormwater
Management Plan
•Noise Feasibility Study
•Tree Inventory and Preservation Plan
•Planning Justification Report
Supporting Studies
Page 62 of 156
Thank you.
Questions?
Summary
Application for a Combined
Official Plan and Zoning By-
law Amendment to permit 2
9-storey residential
apartment buildings yielding
25 units each. Page 63 of 156
The City of Niagara Falls, Ontario
Resolution
October 22, 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 October 22, 2024, Niagara Falls City Council will be holding Closed
Meetings as permitted under s. 239 (2) of the Municipal Act, namely;
(b) personal matters about an identifiable individual, including municipal or local board
employees;
(f) advice that is subject to solicitor-client privilege, including communications
necessary for that purpose;
(k) a position, plan, procedure, criteria or instruction to be applied to any negotiations
carried on or to be carried on by or on behalf of the municipality or local board;
as well as an educational topic as defined in section 239 (3.1).
THEREFORE BE IT RESOLVED that on October 22, 2024 Niagara Falls City Council will
go into a closed meeting to consider matters that fall under 239 (2); (b) personal matters
about an identifiable individual, including municipal or local board employees to review
applications for a Council-appointed committee as well as to receive an update to the
recent vacancy on council; (f) advice that is subject to solicitor-client privilege respecting
the matter of the collections of taxes; (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 as it deals with any potential hospice; and lastly, the City will consider a
matter that falls under section 239 (3.1) for an educational matter dealing with a review
of the Procedural By-law.
AND The Seal of the Corporation be hereto affixed.
WILLIAM G. MATSON JAMES M. DIODATI
CITY CLERK MAYOR
Page 64 of 156
PBD-2024-47
Report
Report to: Mayor and Council
Date: October 22, 2024
Title: Cityview Software Implementation
Recommendation(s)
1. That Council RECEIVES this report for information purposes.
Executive Summary
The City of Niagara Falls Planning Building and Development department initiated new
software program to process building and planning applications called Cityview. The
Cityview software launch was broken up into two phases the first phase which was
funded by the Provincial government as part of the streamlining initiatives and Phase 2
which was budgeted for through Council in 2023 for by-law enforcement and licensing.
Phase 1 of this project is nearing implementation completion, and this report is to
provide a status update to Council on the implementation of the program.
The goals of the Phase 1 implementation were to:
1. Improve Efficiency: Streamline processes related to land use planning,
building permits, inspections. By allowing digital drawing review, online
collaboration between departments on applications, mobile inspection etc.
2. Enhanced Data Management and Support Decision Making:
Centralize data for easy access to various departments and facilitate
better decision-making.
3. Increase Public Self-Serve Online Options: Provide citizens and the
development community the ability to: submit planning and building permit
applications including all the necessary studies online; make payments for
these applications online; book inspections and monitor their planning and
building permit applications online through a central portal.
4. Workflow Optimization: empowers management with real-time insights
into work volumes, project timelines and staff resource allocation. With
dashboards and analytics, this tool enables managers to assess workload
distribution, identify bottlenecks, and allocate resources efficiently.
The implementation of CityView software has significantly enhanced the
operational capabilities of both the planning and building division in the City of
Niagara Falls. Improvements are still necessary for continual success and staff
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have already met with the homebuilders and internal groups, who are high end
users of the system, to receive feedback on their experience and make the
necessary changes. Staff will continue to gather feedback from users to make
sure the customer experience and staff experience is a successful one.
While challenges were encountered and work still continues, the overall
outcomes indicate a successful transition to a more efficient and user-friendly
system. Ongoing training and support will be essential to maximize the software's
potential and ensure continuous improvement in service delivery.
Background
On February 25, 2022, the Ministry of Municipal Affairs and Housing advised the City of
Niagara Falls that we were successful in our funding grant for up to $1 million to
implement initiatives to streamline the development approval process. The City utilized
just over $800,000 of the $1 million in funding to implement the Cityview software which
would change the City from a paper-based application system to a digital one. Due to
staffing changes and staffing changes on Cityviews side, Phase 1 of this software
(building and planning modules) was delayed, and an accelerated timeline was put in
place to meet the funding deadlines. This meant that testing of the software was not as
robust as it should have been at implementation stage however staff over the last 8
months have continued to improve both the functionality of the software and the
customer service experience and have also met with the homebuilders to get feedback
on the software as they are a high-end user group. Staff have also met with internal and
external users to understand their suggestions and experiences.
Phase 2 includes By-law enforcement and licensing and staff are hoping to start this
work shortly but are cognizant of potential conflicts with the ERP system roll out.
Analysis
The implementation was carried out in several phases:
1. Planning and Preparation
Determined the needs and specific requirements of planning and building
divisions for the software.
Developed a project timeline and budget.
2. Software Configuration
Customized CityView to meet the unique needs of the organization.
Integrated existing data systems (land manager) to ensure a seamless transition.
Integrated single sign on with City of Niagara Falls registration system for a one
stop user experience.
3.Pilot Testing
Launched a pilot program in selected departments to test functionality and gather
feedback.
Page 2 of 5
Page 66 of 156
Made necessary adjustments based on user input.
4.Training and Development
Conducted training sessions for staff across departments (planning, building, fire,
municipal works) to familiarize them with the software.
Internal training videos were created for the initial software launch
5.Full-Scale Implementation
Rolled out the software on live environment to the public and to divisions who
deal with planning and building applications (Planning, Building, Municipal works
and Fire)
Developed General FAQ's and department specific FAQ's for customers on the
website.
Provided ongoing support and troubleshooting.
Live feedbacks were sent to correct issues encountered.
Team was created to work through issues and feedbacks.
6. Evaluation and Feedback
Met with all internal departments, homebuilders and external consultants using
the software to gather feedback.
Implemented changes based on feedback where possible.
Created new training videos based on current software versions for staff and
external agencies.
Created public training videos for the website.
User manuals and support documentation created for staff.
Over the course of the implementation a number of hurdles were encountered such as
Loss of Cityview Project Managers: The loss of two project managers from the
software company.
Loss of Project Lead and Building Staff: The loss of the project lead on the
Cityview project as well as staff on the building side who were significantly
involved in the workbooks for the project.
Day to Day staff work: There were no dedicated staff members on this project
so their day-to-day work and required timelines took precedence.
Resistance to Change: Some staff members were hesitant to adopt the new
system and some still continue to struggle with change.
Data Migration Issues: Difficulties in quality of the legacy data incorporated into
the new system as well as some issues with the conversion of the legacy data
were encountered.
Training Gaps: Variability in staff technical skills required additional training
resources.
Outcomes
Operational Efficiency: Significantly reduced staff time on processing of
applications by reducing paper delivery and collaboration on documents.
Improvement in the ability of staff and other departments to access all the
information on an application and its status.
Page 3 of 5
Page 67 of 156
Data Accessibility and Workflow Optimization: Improved data retrieval and
reporting capabilities, leading to better decision-making. The dashboards and
analytics software allows managers to effectively assign work and assess
workload distribution, identify bottlenecks, and allocate resources efficiently. This
software also allows managers to quickly assess where applications are in the
process saving significant time getting up to speed on each file weekly.
Customer Service-Self Serve: Increased self-service online customer service
options for planning and building applications. Customers can now pay online
and check their application status online. Although not a 100% digital as some
customers still are without email and are limited in their internet abilities,
approximately 95% of applications are.
User Satisfaction: Overall satisfaction rates were high among younger
demographics, with positive feedback on the software’s usability. Older
demographics need longer to accept the conversion both internally and externally
given their historical life experiences. To address this staff assist any customer at
the counter with an online application or inputting their paper application into the
system if they do not have an active email or access to the internet.
Next Steps
Ongoing Training: Provide a new set of training sessions to address staff needs
based on staff feedback. Provide tips and tricks bulletins and detailed training
manuals.
Website enhancements: Improve the website experience for Cityview
information and tips and tricks.
Reporting: Create specialty reporting to easily monitor specific metrics such as
affordability etc.
Continuous Feedback Loop: Continue to use the system for ongoing user
feedback to facilitate continuous improvement and conduct a detailed evaluation
of the program annually. Staff are currently testing version 12 of the software and
will be meeting with specific users such as mobile users to determine if the
improvements are functioning appropriately as well as meeting with the
homebuilders and other high-end users in the new year.
Explore Additional Features: Implement new features such as the chat function
to speak to a live agent during business hours, the customization of the
development charge estimation tool and automatic calculation, implementation of
fast-tracking workflow, and customized dashboards. Investigate further
functionalities of CityView that may benefit the organization, such as AI chat
technologies.
Operational Implications and Risk Analysis
There was a learning curve and a transition period during the initial implementation,
requiring a considerable amount of staff time to address issues as they arose. However,
we have made significant operational improvements that enable our staff to concentrate
on other priorities. For instance, management now spends less time gathering
information on applications and assessing operational workloads and timelines.
Page 4 of 5
Page 68 of 156
Phase 2 of the program will require substantial time from our current staff in the clerk's
department and the by-law enforcement division. Council should be aware that there
may be delays in our current schedule due to workloads and bandwidths in the
operational departments and support departments (Information services, finance etc.).
Financial Implications/Budget Impact
Phase 1 of the program was funded by the Provincial streamline funding. Extra monies
were required and have been approved by Council to fund specific customizations such
as development charges calculations, development charge estimation tool and fast-
tracking workflow.
Phase 2 of the program was funded by Council in 2023 and has started to be
undertaken with completion in 2025.
Strategic/Departmental Alignment
This program enhances efficiency in the building and planning systems, resulting in an
improved online customer service experience aligned with the Customer Service pillar.
It also streamlines the approval process to promote growth in line with the Economic
Diversification and Growth pillar.
Strategic Plan Pillars
Customer Service
Delivering a welcoming and consistent customer service experience centred around the
people we serve.
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:
Kira Dolch, General Manager, Planning, Building & Development
Submitted by: Status:
Jason Burgess, CAO Approved
- 16 Oct
2024
Page 5 of 5
Page 69 of 156
CityView
Software Implementation | October 2024
Planning, Building and DevelopmentPage 70 of 156
1.Introduction
2.Vison
3.Why go from Paper to Online?
4.What is Cityview
5.Implementation
a.Timeline
b.Challenges and Outcomes
6.Portal
7.Workspace
8.Mobile
9.Next StepsCityView / Software ImplementationAgenda
2Page 71 of 156
Vision
3CityView / Software ImplementationHow do I get from here to there?Page 72 of 156
Why go from Paper to Online?
4CityView / Software ImplementationPage 73 of 156
CityView is the City of Niagara Falls’ online portal for building and development applications.
5
What is CityView?CityView / Software ImplementationPage 74 of 156
Portal
•Apply for building permits
and submit planning
applications online.
•Check the status of
applications and permits.
•Request building inspections
and pay fees online.
Workspace
•Process applications online
•To do lists and do dates
•Dashboard
•Reports
Mobile
•Inspections on your
phone or tablet
•Upload photos
CityView is the City of Niagara Falls’ online portal for building and development applications.
6
What is CityView?CityView / Software ImplementationPage 75 of 156
7
Implementation: Timeline
CityView / Software ImplementationPage 76 of 156
8
Implementation:
Challenges & Outcomes
CityView / Software ImplementationChallenges:
•Loss of Cityview Project Managers
•Loss of Project Lead and Building Staff
•Day to Day staff work
•Resistance to Change
•Data Migration Issues
•Training Gaps
Page 77 of 156
9CityView / Software ImplementationCityView Portal Page 78 of 156
10CityView / Software ImplementationCityView Workspace
Page 79 of 156
11CityView / Software ImplementationCityView Mobile
Mobile
•User-Friendly Interface: Navigate easily with
a streamlined design tailored for mobile use.
•Real-Time Updates: Get notifications on city
events and services directly on your device.
•Quick Reporting Tools: Report issues and
submit requests with just a few taps.
•Secure Access: Enjoy protected access with
secure login options.Page 80 of 156
Ongoing Training
•Offer updated training
sessions based on
staff feedback.
•Provide tips bulletins
and detailed staff
manuals.
12CityView / Software ImplementationFeedback & Next Steps
Website Enhancements
•Improve the website
experience for
information and
tips and tricks
Continuous Feedback Loop
•ongoing user feedback for
continuous improvement and
annual evaluation
Explore Additional Features
•Implement features like live
person chat, development charge
calculation and estimation, and
fast-tracking workflow.
•Explore additional tools, including
AI chat technologies.Page 81 of 156
THANK YOU
13CityView / Software ImplementationPage 82 of 156
R&C-2024-17
Report
Report to: Mayor and Council
Date: October 22, 2024
Title: Community Sport and Recreation Infrastructure Fund
Recommendation(s)
1.That Council receive Report RCF-2024-17 Community Sport and Recreation
Infrastructure Fund.
2.That Council Authorize staff to apply to the Community Sport and Recreation
Infrastructure Fund, Stream 1 (Repair and Rehabilitation) for the MacBain Community
Centre project- Stream One and Stream Two (New Builds/Signature New Builds) for the
Chippawa Willoughby Community Centre project.
3.That Council APPROVE the MacBain Community Centre and Chippawa Willoughby
Community Centre capital projects be contingently approved upon successful
application of funding and will be funded by a mix of Grant, Development Charges, and
Debt funding.
Executive Summary
This summer the Ontario government announced the Community Sport and Recreation
Infrastructure Fund. The goal of the fund is to ensure people have access to services
and recreational opportunities they need to thrive. The investment makes it easier for
people to create healthier, more active lifestyles, makes sports more accessible, and
helps more communities across the province host local, national and internal events
and competitions,
There are two streams for the fund. Stream one, focuses on repairing and upgrading
existing sport and recreation facilities into more accessible state-of the art facilities that
better meet community needs, eligible projects will receive between $150,000 and $1
million and must be completed within twenty-four (24) months. Staff plan to submit an
application for the MacBain Community Centre upgrades capital project.
The major HVAC systems at the MacBain Community Centre include: 4 make-up air
units, 3 air handlers, 78 water-source heat pumps, 1 cooling tower, 7 heat exchangers
and 2 heating boilers. A mechanical life cycle replacement program commenced in
2023 with some of the smaller failed heat pumps due to failure, but expansion of this
program and funding is necessary as equipment is nearing end of life and increasing
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unplanned downtime and component failure is imminent. The proposed project through
the application is expected to allow for replacement of air handlers, make up air units
and approximately 50% of the heat pumps. Remaining heat pumps, boilers and cooling
tower will require additional funding consideration.
Stream two, focuses on building new sports and recreation facilities, including replacing
existing facilities that have reached their lifespan. Eligible projects will receive up to $10
million and must be completed by March 31, 2027. Staff plan to submit a grant
application for the Chippawa Willoughby Memorial Arena/Community Centre capital
project.
The proposed project will include constructing a new facility on City owned land
adjacent to structure existing the to renovation and facility existing the to a
accommodate other indoor sport activities.
Background
The grant program objectives are as follows:
extend the lifespan of the existing sport and recreation facilities
improve local sport and recreation programming and accessibility features to
meet community need
provide assets that do not currently exist in a community
create local jobs
increase physical activity and improve community health and wellness
promote local participation and affordable access to sport and recreation
allow the opportunity to host provincial, national and international sporting events
Analysis
The proposed Stream 1 project for the MacBain Community Centre will include life-cycle
replacement of major mechanical systems in the building. The facility is 20 years old
and requires replacement HVAC systems including air-handling units, make-up air units
and water-source heat pumps. This equipment currently use R-22 refrigerant which is
being phased out and can no longer being produced in Canada due to its ozone
depleting properties. The estimated gross project cost is $1,598,000.
The proposed Stream 2 project for the proposed Chippawa Willoughby Community
Centre Chippawa will provide funding to renovate and expand the existing facility. The
City Chippawa the for study feasibility a on work to consultant a engaged has
Willoughby Memorial Community Centre. The preferred project and design that will
form the grant application is to build a new single pad arena adjacent to the existing
facility on property owned by the City. Key features:
Constructing on the adjacent land will allow for no lost operational time
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New fully accessible arena, designed to ensure everyone, regardless of their
physical ability, can participate fully and comfortably
A 10,000 square feet library branch that will improve community well-being,
education, and access to information and promote lifelong learning
Multipurpose rooms for community use
Refurbish existing arena structure to accommodate indoor sport activities (e.g.
Gymnasium, turf fields, courts)
was plan improvement capital five-year Arena Memorial Willoughby Chippawa
presented to City Council in 2015. Work was completed in 2017 to upgrade major
refrigeration components that were at end of life. The replacement of the concrete floor
pad, boards and glass was identified as being required in 2020. Since 2020, building
condition is project capital larger a completed been have assessments and
recommended based on the age of the facility.
The Niagara Falls Library Board closed the Chippawa Library Branch this year as it was
not accessible and couldn’t meet the growing demands of the community. Working with
the Library improvements capital the the Board to City, supports the
Chippawa/Willoughby Arena to include the Chippawa Library Branch. The new space
will be accessible and will serve as a community hub. Operational efficiencies will be
realized with Recreation, Culture & Facilities staff maintaining the facility and Library
staff assisting with facility supervision and customer service.
Both of the above recommended projects align with the grant objectives. The projects
meet community and user needs, promote good asset management planning, good
value for money and fosters greater accessibility.
Financial Implications/Budget Impact
Eligible projects can request 50% of the eligible project costs. The city of Niagara Falls
must cover the remaining project costs.
The total estimated project value for the Stream 1 application for Mechanical Life Cycle
Replacement project is $1,598,000. The project includes replacement air-handling units,
make-up air units and water-source heat pumps.
The estimated project value for the Chippawa/Willoughby Memorial Arena Complex
project is $25+ million. Successful projects can receive up to $10 million and are
required to be completed by March 31, 2027. The feasibility study that is beginning this
month will help provide more detail on construction costs of the proposed project.
Staff wish to receive Council’s approval to proceed with both of these applications by
contingently approving both projects upon successful application of funding. Should the
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City be successful, Staff will need to commence work on both projects as soon as
possible, in order to meet the completion deadline of March 31, 2027.
Since funding is limited to $1 million for Stream 1 and $10 million for Stream 2, and
eligible costs are required to be funded 50% by the City, additional capital funds will be
required from the City from 2025 to 2027. Assuming a $40 million (amount to be
determined) project cost for the Chippawa Arena/Library, a total cost of $1,598,000 for
the MacBain upgrades, and maximum funding approved, the total additional capital
funding required by the City would be as follows:
A B
C
= Lesser of: A x
50% or B
A - C
Project Total
Project Cost
Maximum
Grant Funding
Available
Maximum Eligible
Funding
City Funding
Required
MacBain
Centre 1,598,000 1,000,000 799,000 799,000
Chippawa
Arena 40,000,000 10,000,000 10,000,000 30,000,000
The City would fund the project through a mix of debt, development charges, and grant
funding.
Strategic/Departmental Alignment
Implementation of this project meets the intent of Council’s Strategic Priorities by
providing strong and resilient infrastructure in a healthy and safe livable community
through accountable government practices.
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)
Travis Jeffray, Senior Manager of Facilities & Operations
Rob McDonald, Senior Manager of Arenas and Athletic Fields
Written by:
Kathy Moldenhauer, General Manager of Recreation, Culture & Facilities
Page 4 of 5
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Submitted by: Status:
Kathy Moldenhauer, General Manager of Recreation,
Culture & Facilities
Approved
- 17 Oct
2024
Jason Burgess, CAO Approved
- 18 Oct
2024
Page 5 of 5
Page 87 of 156
R&C-RCF-2024-18
Report
Report to: Mayor and Council
Date: October 22, 2024
Title: Santa Claus Parade Request for Downtown BIA Funds
Recommendation(s)
1. THAT Council approve the transfer of $15,000 from the Downtown BIA unspent
levy being held in reserve to offset the cost of the Santa Claus Parade and
lighting of Queen Street.
2. THAT Council authorize the use of downtown assets for the Santa Meet and
Greet and to animate Queen Street and Centennial Square.
Executive Summary
The Recreation, Culture, & Facilities Department is organizing the annual Niagara Falls
Santa Claus Parade to take place on Saturday, November 16, 2024 at 4:00 pm on
Queen Street. Following the parade a community celebration will take place including
the Niagara Health Foundation Tree Lighting, Santa Meet and Greet, as well as
entertainment and food trucks. Increasing costs, coupled with the need to decorate and
animate Queen Street for the holiday season in the absence of the Downtown BIA, have
put a strain on the approved budget. Staff are requesting budget assistance in the
amount of $15,000 from the Downtown BIA unspent levy being held in reserve to
implement the event.
Background
The Niagara Falls Santa Claus Parade has been a staple in the City of Niagara Falls for
over eight decades. The first parade, organized back in 1949 was organized and
implemented by the retail merchants division of the Greater Niagara Chamber of
Commerce with a purpose to thank patrons for their high level of business enjoyed by
the City’s merchants during the year and to usher in the holiday buying season. In later
years, of Board Downtown the with was in organized event the partnership
Management and the City of Niagara Falls Civic Committee. This event later transferred
entirely to City’s Civic Committee at the turn of the most recent decade, which
eventually led to the existing format of Recreation & Culture Staff coordinating the event
exclusively since 2004.
The COVID-19 Pandemic brought many changes to the work environment, including
delivery of services and role changes among City Staff. These forces, in conjunction
with City Staff preparing to operate 2 new large facilities (MacBain Community Centre
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Page 88 of 156
and the Niagara Falls Exchange) and various staff changes resulted in staff
investigating new ideas to deliver large events.
As a result, City Staff approached the Niagara Falls Downtown BIA to discuss the
possibility of coordinating and implementing the Niagara Falls Santa Claus Parade. The
BIA was amenable, which led to the development and negotiation of a Fee for Service
Agreement ensuring the event’s operation while continuing to be located in Downtown,
Niagara Falls.
In 2021, the parade was contracted out to the Niagara Falls Downtown BIA as a Fee for
Service for three years with an option to continue the agreement for an additional two
years. The Downtown BIA operated the parade for two years 2021 and 2022. The
Downtown BIA created and implemented an expanded and enhanced Santa Claus
Parade and event which has raised the expectations of the community and Council.
During 2023, the Niagara Falls Downtown BIA experienced the departure of most of its
staff and a variety of internal concerns and the City stepped in to organize and run the
2023 Santa Claus Parade.
With the absence of the Downtown BIA, along with assorted logistical and budget
restrictions, street lighting and festive decor was not installed on Queen Street for the
parade or winter season. As a result the downtown was dark and not very festive and
complaints were received.
2024 Parade Planning and Budget
Staff are working diligently to organize a fun and safe Santa Claus Parade, Tree
Lighting, and Santa Meet and Greet that meets the expectations of the community and
Council; while trying to stay within the limited approved budget. The cost of policing,
entertainment, and items such as stage and sound are all increasing and important for a
safe and successful community event.
In addition, with the absence of a Downtown BIA staff are expected to install lighting
and decorations along Queen Street to ensure a festive atmosphere at an additional
cost of approximately $8,500.
Council approved a budget of $21,000 in the 2024 budget with the expectation to offset
the total budget with $4,250 in sponsorship and vendor fees (actual budget $16,750).
Currently there is a deficit of approximately $9,000 with no room for any extra touches
that make a high quality community event or for the installation of lights and decorations
along Queen Street. The deficit takes into account all projected expenses as well as
expected sponsorship and vendor revenue.
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BIA Assets and Funding Request
In order to provide a festive atmosphere on Queen Street and in Centennial Square the
City would like to utilize several Downtown BIA assets including items such as string
lights for street trees, light displays, and Santa and Mrs. Claus chairs.
In addition, staff are requesting $15,000 from the unspent Niagara Falls Downtown BIA
levy to offset the cost of the parade and celebrations and the installation of lighting on
Queen Street and in Centennial Square. Lighting of the trees and installation of light
displays will be contracted out and will require budget.
Historically, the Niagara Falls Downtown BIA has made a sponsorship contribution to
the parade and also lit and decorated the street to animate it for the festive season.
2020 - $2500
2019 - $5000
2018 - $4000
2017 - $2500
The additional funds would cover the cost of the planned activities and ensure that
items are not cut and that the street is appropriately lit and decorated for the festive
season.
Staff will continue to explore sponsors to make the event and future events successful
and sustainable.
Analysis
In order to provide a Niagara Falls Santa Claus Parade and Santa Meet and Greet that
meets the expectations of our community, additional funds are required. Should no
further funds be received staff will need to make some difficult decisions regarding the
lighting of queen street, parade entries, entertainment, and event activities.
Financial Implications/Budget Impact
No budget impact. Receiving $15,000 in funding from the Niagara Falls Downtown BIA
to offset costs.
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
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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.
Written by:
Beth Angle, Manager of Recreation and Programs
Sebastian Zukowski, Senior Financial Analyst
Submitted by: Status:
Kathy Moldenhauer, General Manager of Recreation,
Culture & Facilities
Approved
- 10 Oct
2024
Jason Burgess, CAO Approved
- 16 Oct
2024
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PBD-2024-46
Report
Report to: Mayor and Council
Date: October 22, 2024
Title:
Proposed Vacant Building Registry & By-law
Recommendation(s)
It is recommended:
1. That Council APPROVE the vacant building by-law registry as detailed in the
staff report PBD-2024-46;
2. That Council AUTHORIZE staff to prepare an implementing vacant building
registry by-law for consideration and adoption.
3. That Council AUTHORIZE staff to update the Schedule of Fees to include the
vacant building registry fees as identified in this report.
Executive Summary
At the Council meeting held on June 21, 2022, Council passed a motion requesting that
staff prepare a report about the advantages and disadvantages of a vacant building
registry and vacant building tax aimed at addressing neglected or vacant buildings in
Niagara Falls.
On February 7, 2023, an information report was prepared for Council to address this
motion and Council direct staff "to initiate a vacant building registry and a vacant
building registry by-law to be in place during the fourth quarter of 2023 to encourage the
repurposing of vacant building stock for residents and businesses". Due to staffing
volume and resources this project was delayed.
Historically, the only method for ensuring buildings were being maintained was a
reactive complaint driven by-law approach to Property Standards Enforcement. The
goal of the proposed vacant building registry and by-law is to put into place a
comprehensive proactive owner driven procedure to allow by-law enforcement staff to
monitor vacant buildings. This proactive approach will minimize staff time in dealing with
the negative aspects of neglect such as fires, poor maintenance, unsafe buildings and
security.
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The vacant building registry, will through a registry system, proactively identify vacant
buildings and encourage owners to take the lead to encourage good property
maintenance and security techniques to avoid dilapidated or run-down buildings which
create unsafe conditions such as fire related concerns, pest infestation, backup sewage,
and/or vagrancy concerns. This registry and associated by-law may also change the
behaviors of property owners who leave their property unoccupied for extended periods
of time – compelling them to sell or rent them out.
Currently, City has identified 114 vacant buildings in the City and under the proposed
vacant building registry by-law, every owner of a vacant building must register the
vacant Building within 60 days of the date that the vacant building commences to be
vacant. This registration process will trigger ongoing monitoring by city municipal
enforcement staff or other certified staff who will ensure that these properties are
maintained to minimum property standards.
Background
Over time, many vacant buildings have developed to various degrees of building code
deficiencies that are not being addressed. The City has identified 114 vacant buildings
in Niagara Falls. If the City does not address the concerns with these buildings, they will
continue to deteriorate and, in some cases, may become beyond repair or unsafe and
require demolition.
The visual appeal of the property or “aesthetic deterioration” detracts from the property,
diminishing its curb appeal and effectively lowering its market value and those
properties within the immediate area.
Under the proposed vacant building registry by-law (Appendix 1), failure to register a
Vacant Building is considered an offence. Every owner of a vacant building shall
register the vacant building within 60 days of the date that the vacant building
commences to be vacant. The registration process will trigger ongoing monitoring by
city municipal enforcement staff or other certified staff who will ensure that these
properties are maintained to minimum property standards.
The proposed vacant building registry by-law includes a definition for vacant buildings
that means “a building that does not appear to be in use, without limiting this definition
and in the opinion of the Manager of Municipal Enforcement Services, is deemed to be
a Building that demonstrates one or more of the following:
that is not protected by the entry of unauthorized persons;
that is not protected from the entry of rain, snow, vermin or birds into the interior
of the building;
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where the supply of any one or more of electricity, gas or water utilities serving
the building is discontinued or disconnected;
where one or more of the electricity, gas or water utilities serving the building is
not being used
where 25% or more of the door and building openings to the building are partially
or completely boarded up; or
where an application for rebate of property taxes for the entire Building has been
submitted to the City’s Finance Department.
For further clarity, a vacant building does not include a building where the Owner
satisfies the Manager of Municipal Enforcement Services where one or more of the
following is met:
there is an Active Use permitted under the City’s Zoning By-law;
a permit has been issued for the City for construction or demolition of the building
and construction or demolition work has been actively undertaken for at least 40
hours during each 90-day period following the issuance of the permit;
there is at least one (1) occupied dwelling in the building;
a building is not a dwelling and is on the property used as a farm;
the building is occupied by the Owner, or a Person authorized by the Owner, on
a seasonal basis, for no less than four (4) consecutive months; or
a building that is owned or controlled by the federal, provincial, regional or City
government.
Analysis
On February 7, 2023 staff prepared a report to Council laying out the advantages
and disadvantages of a vacant building registry and vacant building tax. As part of
this report, staff reviewed the registry systems in St. Catharine's and Hamilton. In
addition, staff have recently reviewed Port Colborne, Kitchener, London and other
municipalities who have enacted similar vacant building by-law registries, prior to
bringing forward this registry system.
The authority to enact a vacant building registry by-law is contained within Ontario’s
Municipal Act, 2001, S.O. 2001, c.25. A registry will allow Municipal Enforcement
Staff or other certified staff to effectively monitor and protect buildings identified on
the registry. The proposed by-law includes the following requirements for any
building, not exempted, which has been vacant for 60 days:
every owner of a vacant building shall be required to make an application to
register their vacant building, (Appendix 2);
pay a one-time per property proposed non-refundable administrative fee
$350.00 dollars;
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pay a non-refundable annual registration monitoring fee of $1000.00 dollars
to cover a portion of the costs of additional junior municipal law enforcement
staff and resources;
provide up-dated change of ownership information should property be sold or
ownership of property be altered in any way;
pay a change of ownership fee of $100.00 dollars where owner information
has changed or where property is sold;
monitor their vacant property frequently as required by the City; and,
ensure that their property adheres to the minimum standards as outlined in
the Property Standards By-law No. 2015-101.
Any owner of a vacant building who does not register with the City, or who fails to
meet the proposed by-law requirements of the vacant building registry by-law, will
be subject to the appropriate fines as contained within the attached by-law.
The owner may also incur a separate property standards order where necessary
and have to address any identifiable deficiencies as contained within the City’s
property standards by-law.
The enactment of the proposed by-law will:
discourage property owners from allowing their buildings to become vacant;
set up regular inspections by municipal enforcement staff, fire department
officials or other certified staff to assess compliance with the proposed
vacant building registry by-law, property standards by-law, and the litter
maintaining of land by-law;
allow the municipality the ability to recover enforcement and administrative
costs by imposing the annual registration monitoring fee and one-time
administrative fee to vacant building owners. Additional fines or charges to
owners who refuse to register their vacant building will also be collected
through this program.
prevent and discourage vagrancy and squatters from trespassing into vacant
buildings or loitering on or about the property (reducing drug related, and
criminal activity and other nefarious or illicit activities); and
reduce the number of unwanted and suspicious fires throughout the
community (additional information captured below).
Fires at Vacant Buildings in Niagara Falls (2021-2024)
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Incident # Date Alarm Time Loss
21-0000128 2021/01/17 18:42:54
$5,000 (note
therewas a
fire in 2020 at this
address and the
loss was
$100,000)
21-0000707 2021/03/30 19:18:06 $2,000
21-0000870 2021/04/16 13:56:21 $5,000
22-0000526 2022/02/23 07:15:52 $50,000
22-0002734 2022/08/10 02:57:11 $500,000
22-0003797 2022/10/21 20:24:56 $1,000
22-0004620 2022/12/20 02:29:47 $5,000
23-0001789 2023/05/28 20:29:28 $2,000
23-0001871 2023/06/03 07:58:49 $2,000
23-0002167 2023/06/23 07:53:03 $5,000
23-0002212 2023/06/25 06:06:50 $5,000
23-0004161 2023/11/08 22:01:51 $350,000
24-0000315 2024/01/22 22:13:23 $500,000
24-0000913 2024/03/07 03:43:45 $1,000,000
24-0001069 2024/03/22 11:00:44 $60,000
24-0001623 2024/05/04 09:17:21 $75,000
24-0001641 2024/05/05 02:12:52 $500,000
Total =
$3,067,000
Fires are disproportionately prevalent in vacant buildings. Discouraging property
owners from allowing their buildings to become vacant and not maintained will
reduce the number of vacant fires in the City. There has been more that 3 million
dollars in damages to vacant buildings from fires from 2021 through 2024 as noted
above.
Properties where vacant buildings are registered with the City will be inspected
throughout the year at specific intervals by municipal enforcement staff who will
observe and identify any related by-law violations and also identify unpermitted
individuals or displaced persons which may be unlawfully occupying these
buildings. Municipal enforcement staff will take an aggressive proactive role to
ensure buildings are secure and well-kept as opposed to the current situation which
is led by either a complaint or by a significant negative event such as a fire.
The current draft registry list is a starting point to require owners of vacant buildings
to register their property. This list will continue to grow or expand where municipal
enforcement staff have identified additional vacant properties not on the list, where
clerk staff receive a complaint from the general public or residents, or where the
City’s fire department identify a fire that has occurred within a building that has
suffered catastrophic Building Code related damage. In some cases, a demolition
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permit may be required where the building is damaged beyond repair or where a
building has suffered unsafe structural damage so it may not be added to the
registry.
The proposed by law will require that every owner of a vacant building shall:
a. ensure that the vacant building is registered in accordance with the proposed
By-law;
b. ensure that the Property complies with all applicable laws, statutes,
regulations and By-laws, including but not limited to the Building Code Act,
the Fire Protection and Prevention Act, and any City By-law which regulate
property or building maintenance standards;
c. post at least one sign on the vacant building, that:
i. bears the words "for information or inquiries" and the information of the
Owner, including a name and telephone number, in black letters on a
white retro-reflective background as illustrated in the following
ii. is readable from each adjacent street;
FOR INFORMATION OR INQUIRIES
CONTACT:
NAME:
TELEPHONE NUMBER:
d. satisfy the Manager of Municipal Enforcement Services that a responsible
person retained by the Owner attends at the property to monitor the building
condition a minimum of once every month or more frequently as required in
writing by the Manager of Municipal Enforcement Services; and
e. provide a report from a qualified individual as to the condition of the building as
required in writing by the Manager of Municipal Enforcement Services.
Should the vacant registry by-law be approved staff will issue social media notices and
place information on our website about the new registry system to assist in informing
the public of their obligations. Staff will also work to prepare a media release on this
new program.
This new program will measure success through the repurposing of vacant buildings, a
decrease in the number of vacant buildings in the City and a positive impact on the
neighbourhoods in which these properties reside.
Operational Implications and Risk Analysis
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Currently, the existing staff complement would be hard pressed to administer the
monitoring program. At the initial outset of the program, we anticipate that additional
junior by-law staff resources will be required to perform the by-law enforcement duties
associated with this program. A successful program will ultimately see a decrease in the
number of vacant buildings over time which will allow any new staff hired to take on
additional essential workload.
Financial Implications/Budget Impact
Staff are requesting the addition of junior municipal enforcement staff member(s) to
ensure the City is better equipped to address vacant property matters within the
community. The establishment of the proposed one-time administration fee per property
and the annual vacant building monitoring fees should fully cover the costs of one and
potentially two junior enforcement staff members.
The expansion of enforcement staff will allow staff to increase their enforcement efforts
to proactively monitoring the proposed vacant buildings, maintain the registry and take
the appropriate enforcement actions where necessary to bring vacant properties into
compliance.
The current complement of two Municipal Enforcement Clerk Staff service members will
currently be able to provide the required administrative support for the administration
and enforcement of the proposed by-law.
Staff are requesting that council amend the schedule of fees by-law to add the one-time
proposed administration fee of $350.00 per property and the renewable annual vacant
building monitoring fee of $1000.00. The proposed fees will be included in the Planning,
Building & Development schedule of fees by-law within a sub-heading of Vacant
Building By-law registry fees.
ESTIMATED REVENUES IN 2025
(Number of current known vacant buildings)
Number Initial Annual Total
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of
Vacant
Buildings
Administrative
Fees
Registration
Fees
Revenues
50 $350 $1000 $67,500
114 $350 $1000 $153,900
150 $350 $1000 $202,500
200 $350 $1000 $270,000
These fees identified above are in comparison to St Catharine's initial administration
fees and the annual monitoring fees.
The City may recover the costs of doing a matter of thing under paragraph 24 by action
or by adding the costs to the tax roll and collecting them in the same manner as
property taxes as provided under section 398 of the Municipal Act, and such costs shall
includean interest rate of fifteen per cent (15%) per year commencing on the date the
City incurs the costs and ending on the day the costs, including the interest, are paid in
full. The foregoing is in addition to the three hundred dollars ($300.00) enforcement fee
that will be charged by the City to recover its costs associated with the administration of
the proposed by-law.
Under the Municipal Act, we are statue-bound to provide good government and achieve
municipal objectives through the enactment and enforcement of by-laws. However, we
can only do that by using and managing and using the municipalities resources
responsibly.
One of Council’s goals is to maintain the financial integrity of the municipality. This is
why municipalities are given leeway in terms of how they enforce their by-laws to
maximize the use of available resources in doing so.
Strategic/Departmental Alignment
The information contained in this report meets the City’s strategic commitment to;
Address issues relating to property standards to help to beautify our community
by enforcing property standards with a focus on unsightly, neglected and derelict
buildings, and
Set direction for the future and strive to be an agile and vibrant organization
responsive to change.
Strategic Plan Pillars
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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
Appendix 1: Vacant By-Law
Appendix 2: Vacant Building Registry Application
Appendix 3: List of Vacant Buildings
Written by:
Gerald Spencer, Manager of Municipal Enforcement Services
Submitted by: Status:
Kira Dolch, General Manager, Planning, Building &
Development
Approved
- 17 Oct
2024
Jason Burgess, CAO Approved
- 18 Oct
2024
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CITY OF NIAGARA FALLS
By-law No. 2024-096
A By-law to Regulate the Registration of Vacant Buildings.
WHEREAS sections 8 and 10 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended,
(the “Municipal Act”) authorize the Niagara of City Falls Byto “City”) (the pass -laws necessary or desirable for municipal purposes, and in particular paragraphs 5, 6, 8 and 10 of subsection 10(2) of the Municipal Act authorize By-laws respecting the economic, social and environmental well-being of the municipality; the health, safety and well-being
of Persons, the protection of Persons and Property, and structures;
AND WHEREAS this By-law, in conjunction with the City’s Property Standards By-law No. 2015-101 (“Property Standards By-law”), ensures Buildings and Properties as defined therein are maintained to prescribed standards;
AND WHEREAS section 425 of the Municipal Act authorizes the City to pass By-laws
providing that a Person who contravenes a By-law of the City passed under that Municipal
Act is guilty of an offence; and
AND WHEREAS sections 128, 391, 438, 444 and 445 of the Municipal Act, among other sections, further authorize the City, amongst other things, to prohibit and regulate matters that, in the opinion of its Council, are or could become public nuisances; to impose fees or charges on Persons for services or activities provided by or done by or on behalf of it, carry out inspections pursuant to City By-laws and provincial orders, and to make orders to discontinue activity or to do work;
THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS:
SHORT TITLE
1. This By-law may be referred to as the "Vacant Building Registration By-law”.
DEFINITIONS
2. In this By-law:
a. Use” means “Active there that is, from visual observation, a and the in opinion of an Officer, evidence of performance of a use, or evidence that
such use is actively taking place, not just through evidence of installation of structures or chattels, but also through evidence that the structures or chattels are being used for the purpose in question, without evidence of significant interruption, suspension or abandonment.
b. "Building" means all or part of:
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2
i. a structure occupying an area greater than ten square metres (10m2) consisting of a wall, roof and floor or any of them or a structural
system serving the function thereof including all plumbing, works, fixtures and service systems appurtenant thereto; or
ii. a structure occupying an area of ten square metres (10m2) or less that contains plumbing, including the plumbing appurtenant thereto;
iii. plumbing not located in a structure;
iv. a sewage system; or
v. structures designated in the Ontario Building Code.
c. "Business Day" means any day from 8:30 a.m. to 4:30 p.m. on which the City's administration buildings are open for business;
d. "City" means the corporate municipality of the City or the geographic area of the City as the context requires;
e. ''Farm" means an agricultural, aquacultural, horticultural or silvicultural operation;
f. "Manager of Municipal Enforcement Services" means the City's Official responsible for the enforcement of the City By-laws and his or her designate;
g. "Officer" means an individual appointed by the City, or such an individual’s designate, to enforce this By-law, or any other City By-law, or the Building
Code Act, 1992, S.O. 1992, c. 23, and its regulations (“Building Code Act”), or the Fire Protection and Prevention Act, 1997, S.O. 1997, c. 4, and its regulations (“Fire Protection and Prevention Act”), or any other applicable law, statute, regulation or By-law;
h. "Owner" includes, but is not limited to:
i. the registered Owner of the Property on which a Building is situated;
ii. the Owner of a Building;
iii. any Person, firm or corporation having control over any portion of the Building or Property;
iv. the Person managing or receiving the rent of a Building or the Property on which a Building is situated; or who would receive the
rent if the Property or Building were let, whether on the Person's own account; or as agent or trustee or receiver of any other Person;
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3
v. a vendor of a Building under an agreement for sale who has paid any municipal taxes on the Building after the effective date of the
agreement;
vi. the Person for the time being receiving instalments of the purchase price if a Building were sold under an agreement for sale;
vii. a lessee or occupant of the Property on which a Building is situated who, under the terms of a lease, is required to repair and maintain
the Building; or
viii. an Owner as defined by the Condominium Act, 1998, S.O. 1998, c. 19;
i. "Person" includes, but is not limited to, an individual, sole proprietorship, partnership, association or corporation;
j. "Property" means the land (including residential or non-residential property)
on which a Building is situated and includes the Building or structure or part of a Building or structure and includes the lands and premises appurtenant thereto and all mobile homes, mobile Buildings, mobile structures, out thereo and Buildings erections erected, hereafter n whether heretofore or and includes Vacant Lands. For the purpose of this By-law, Property can be subdivided into the following categories:
i. Non-residential property;
ii. Residential property; or
iii. Vacant Lands;
k. “Qualified Individual” is a Person who meets legitimate skill, experience, education, or other requirements, as may be specified by the City from time to time, including, but not limited to an architect, building engineer, building inspector, civil engineer, construction engineer, general contractor, and is authorized by the Owner to provide a report in writing to the satisfaction of
the Manager of Municipal Enforcement Services as to the condition of the Building;
l. means “Responsible Person” a Person designated by the Owner who is over the age of eighteen (18), and who monitors the Property monthly or more frequently as requested by the Enforcement Manager of Municipal Services;
m. “Vacant Lands” means Property on which there are no Buildings and/or structures.
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4
VACANT BUILDING
3. ByIn this - to subject "Vacant law Building", Paragraphs 2, a means 5, 4 and Building that does not appear to be in use and, without limiting this definition and in the opinion of the Manager of Municipal Enforcement Services, is deemed to be a Building:
a. that is not protected from the entry of unauthorized Persons;
b. that is not protected from the entry of rain, snow, vermin or birds into the interior of the Building;
c. where the supply of any one or more of the electricity, gas or water utilities serving the Building is discontinued or disconnected;
d. where one or more of the electricity, gas or water utilities serving the Building is not being used;
e. where 25% or more of the door and window openings to the Building are partially and door are 8 if there boarded up (for completely or example, window a to openings Building more of window and door the or and 2 openings are partially or completely boarded up, no matter what the size of each door or window opening); or
f. where an application for rebate of Property taxes for the entire Building has
been submitted to the City's Finance Department.
4. A Vacant Building does not include a Building where the Owner satisfies the Manager of Municipal Enforcement Services that:
a. there is an Active Use permitted under the City's Zoning By-law;
b. a permit has been issued by the City for construction or demolition of the Building and construction or demolition work has been actively undertaken
for at least 40 hours during each 90-day period following the issuance of the permit;
c. there is at least one (1) occupied dwelling within the Building;
d. the Building is not a dwelling and is on Property used as a Farm; or
e. the Building is the occupied by O a wner, or Person the by authorized Owner, on a seasonal basis, for no less than four (4) consecutive months.
5. A Vacant Building does not include a Building that is owned or controlled by the federal, provincial, regional or City government.
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5
REGISTRATION
6. Every Owner of a Vacant Building shall register the Vacant Building with the Manager of Municipal Enforcement Services through the City Clerk’s office within sixty (60) days of the date this By-law comes into force and effect, or within sixty (60) days of the date the Vacant Building commences to be vacant, whichever is earlier, or by such other date as ordered by the Manager of Municipal Enforcement Services.
7. Every registration expires:
a. on the one (1) year anniversary date of the date on which it is issued if the registration is not renewed before its expiry;
b. when the registration is revoked under this By-law;
c. when the Vacant Building is sold or otherwise transferred to a new Owner; or
d. when the Manager of Municipal Enforcement Services is satisfied, as set out in a written notice from the Manager of Municipal Enforcement Services to the Owner of the Vacant Building, that the Building is no longer vacant.
8. To register or to renew a registration, the Owner of a Vacant Building shall:
a. complete and submit to the Manager of Municipal Enforcement Services an application containing the municipal address, an updated Property Identifier Number (“PIN”), an updated PIN map, and such information as the Manager of Municipal Enforcement Services may require, and
b. submit the applicable fees required under the City’s Fees and Charges By-law, as amended.
9. Every Owner of a Vacant Building shall notify the Manager of Municipal
Enforcement Services of any change in circumstances in connection with information given to the Manager of Municipal Enforcement Services under Paragraph 8 within ten (10) Business Days after the change occurs.
10. The Manager of Municipal Enforcement Services shall refuse an application under Paragraph 8 when the application is, in the opinion of the Manager of Municipal Enforcement Services, incomplete or contains false or misleading information.
INSURANCE
11. Proof of insurance by way of certificate of insurance showing a minimum limit of Two Million Dollars ($2,000,000) in commercial general liability for the Vacant Building with an endorsement that notice in writing at least thirty (30) days prior to cancellation, by City the to given or will thereof variation the expiration, be
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6
insurance underwriter. An Owner of a Vacant Building may request an exemption from the requirements of this section, and an exemption may be granted where the
Manager of Municipal Enforcement Services, in his or her sole discretion, is satisfied that the Owner cannot comply with this provision.
REGULATIONS
12. Every Owner of a Vacant Building shall:
a. ensure that the Vacant Building is registered in accordance with this By-law;
b. ensure that the Property complies with all applicable laws, statutes, regulations and By-laws, including but not limited to the Building Code Act, the Fire Protection and Prevention Act, and any City By-law which regulate Property or Building maintenance standards;
c. post at least one sign on the Vacant Building that:
i. bears the words "for information or inquiries" and the information of the Owner, including a name and telephone number, in black letters on a white retro-reflective background as illustrated in the following
ii. is readable from each adjacent street;
d. satisfy the Manager of Municipal Enforcement Services that a Responsible Person retained by the Owner attends at the Property to monitor the Building condition a minimum of once every month or more frequently as required in writing by the Manager of Municipal Enforcement Services; and
e. provide a report from a Qualified Individual as to the condition of the Building as required in writing by the Manager of Municipal Enforcement Services.
ADMINISTRATION AND ENFORCEMENT
13. Vacant Buildings, whether registered or not under this By- to law, are subject applicable law, including but not limited to the City’s Property Standards By-law, the Building Code Act, and the Fire Protection and Prevention Act.
FOR INFORMATION OR INQUIRIES
CONTACT:
NAME:
TELEPHONE NUMBER
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7
14. The Manager of Municipal Enforcement Services is authorized to administer and enforce this By-law including but not limited to prescribing the format and content
of any forms or other documents required under this By-law.
15. Registration and other fees under this By-law shall be as approved by Council from time to time and then included in the City’s Fees and Charges By-law.
16. Any cost incurred by the City in exercising its authority to inspect a Property or Building, vacant or otherwise, including but not limited to the cost of any
examination, test, sample or photograph necessary for the purposes of the inspection, shall be paid by the Owner of the Property where the inspection takes place. If the Owner fails to pay for these costs, the unpaid costs will be added to the tax roll of the Property.
17. If an Officer is satisfied that a contravention of this By-law has occurred (such as, for example, failure to register a Vacant Building, or failure to renew a registration of a Vacant Building), he or she may make an order requiring the Person who committed the contravention, the Person permitted the or who caused contravention, or the Owner of the Property on which the contravention occurred, to either discontinue the contravening activity or take steps to correct the contravention.
18. An order made under paragraph 17 shall set out:
a. reasonable particulars of the contravention to identify the contravention and the location of the Property on which the contravention occurred; and
b. the date or dates by which there must be compliance with the order.
19. An order made under paragraph 17 may be served personally or by registered mail to the last known address of:
a. the Owner of the Property where the contravention occurred; and
b. such other Persons affected by it as the Officer making the order determines.
Service by registered mail shall be deemed to have taken place 5 Business Days
after the date of mailing.
20. In addition to service given in accordance with paragraph 19, an order made under paragraph 17 may be served by an Officer placing a placard containing the order in a conspicuous place on the Property where the contravention occurred.
21. Where service cannot be given in accordance with paragraph 19, sufficient service
is deemed to have taken place when given in accordance with paragraph 20.
Page 16 of 22
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8
22. Where a Person does not comply with a direction, an order or a requirement under this By-the thing, matter do a to law or Enforcement Municipal of Manager
Services, with such assistance by others as may be required, may carry out such direction, order or requirement at the Person's expense.
23. The City may recover the costs of doing a matter or thing under paragraphs 16 and 22 by adding the costs to the tax roll and collecting them in the same manner as property taxes as provided for under section 398 of the Municipal Act, and such costs shall include an interest rate of fifteen per cent (15%) per year commencing on the day the City incurs the costs and ending on the day the costs, including the interest, are paid in full. in The foregoing is addition to a Three Hundred Dollar
($300.00) administrative fee that will be charged by the City to recover its costs associated with the administration of this By-law.
24. Every Person who contravenes any provision of this By-law is, upon conviction, guilty of an offence and is liable to a fine, and such other penalties, as provided for in the Provincial Offences Act, R.S.O. 1990, c. P.33 and the Municipal Act.
25. By in this set the requirements of contravention A out - is a be to deemed law continuing offence on each day or part of a day that the contravention continues.
26. Where a Person has been convicted of an offence, the court in which the conviction has thereafter jurisdiction in may, competent court of and any entered been addition to any other remedy and to any penalty imposed by this By-law, make an order prohibiting the cont the offence by repetition of inuation or the Person convicted.
GENERAL PROVISIONS
27. All measurements in this By-law are given in the metric short form.
28. If a court of competent jurisdiction declares any provision or provisions of this By-law of is By the remainder the that it intention of the invalid, Council -law shall continue to be in force.
29. In this By- words law, unless the contrary intention is indicated, used in singular shall include the plural and words used in the male gender shall include the female gender and vice versa.
30. The word "and" is an inclusive conjunction, the use of which indicates that all items or phrases in that subsection, article, or list in which it appears are permitted or required as the case may be. The word "or" is an alternate conjunction, the use of which indicates that alternate or optional items or phrases in the subsection, article
or list in which it appears are permitted or required, as the case may be; however, notwithstanding the foregoing, where the context permits, the word "or" may also be an inclusive conjunction having the same meaning as the word "and".
Page 17 of 22
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9
31. This By-law shall not be construed to reduce or mitigate any restrictions or regulations lawfully imposed by the City or by any governmental authority having
jurisdiction to make such restrictions or regulations. If there is a conflict between a provision of this By-law and a provision of any other City by-law, the provision that establishes the higher standard shall apply.
32. and by regulations, statutes, legislation including, to reference Any any - in laws, this By-law includes the legislation referred to and its amendments as well as any subsequent the legislation referred its and to, replace may which legislation amendments thereto.
33. This By-law comes into force on the date of its passing.
Read a First, Second and Third time; passed, signed and sealed in open Council this ___ day of _________, 2024.
……………………………………………… ……………………………………………..
WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR
Page 18 of 22
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Page 19 of 22Page 110 of 156
ADDRESS
VACANT
YES/NO TYPE OF BUILDING NOTES
1 VACANT BUILDING YES APARTMENT VACANT
2 VACANT BUILDING YES BUILDING VACANT
3 VACANT BUILDING YES BUILDING VACANT
4 VACANT BUILDING YES BUILDING VACANT
5 VACANT BUILDING YES BUILDING VACANT
6 VACANT BUILDING YES BUILDING VACANT
7 VACANT BUILDING YES BUILDING VACANT
8 VACANT BUILDING YES BUILDING VACANT
9 VACANT BUILDING YES BUILDING VACANT
10 VACANT BUILDING YES BUILDING VACANT
11 VACANT BUILDING YES BUILDING VACANT
12 VACANT BUILDING YES BUILDING VACANT
13 VACANT BUILDING YES BUILDING VACANT
14 VACANT BUILDING YES BUILDING VACANT
15 VACANT BUILDING YES BUILDING VACANT
16 VACANT BUILDING YES BUILDING VACANT
17 VACANT BUILDING YES BUILDING VACANT
18 VACANT BUILDING YES BUILDING VACANT
19 VACANT BUILDING YES BUILDING VACANT
20 VACANT BUILDING YES BUILDING VACANT
21 VACANT BUILDING YES BUILDING VACANT
22 VACANT BUILDING YES BUILDING VACANT
23 VACANT BUILDING YES BUILDING VACANT
24 VACANT BUILDING YES BUILDING VACANT
25 VACANT BUILDING YES BUILDING VACANT
26 VACANT BUILDING YES BUSINESS VACANT
27 VACANT BUILDING YES BUSINESS VACANT
28 VACANT BUILDING YES BUSINESS VACANT
29 VACANT BUILDING YES BUSINESS VACANT
30 VACANT BUILDING YES COMMERCIAL VACANT
31 VACANT BUILDING YES COMMERCIAL VACANT
32 VACANT BUILDING YES COMMERCIAL VACANT
33 VACANT BUILDING YES COMMERCIAL VACANT
34 VACANT BUILDING YES COMMERCIAL VACANT
35 VACANT BUILDING YES COMMERCIAL VACANT
36 VACANT BUILDING YES COMMERCIAL VACANT
37 VACANT BUILDING YES COMMERCIAL VACANT
38 VACANT BUILDING YES COMMERCIAL VACANT
39 VACANT BUILDING YES COMMERCIAL VACANT
VACANT BUILDING REGISTRY 2024
Page 20 of 22
Page 111 of 156
40 VACANT BUILDING YES COMMERCIAL VACANT
41 VACANT BUILDING YES COMMERCIAL VACANT
42 VACANT BUILDING YES COMMERCIAL VACANT
43 VACANT BUILDING YES COMMERCIAL VACANT
44 VACANT BUILDING YES COMMERCIAL VACANT
45 VACANT BUILDING YES COMMERCIAL VACANT
46 VACANT BUILDING YES COMMERCIAL VACANT
47 VACANT BUILDING YES COMMERCIAL VACANT
48 VACANT BUILDING YES COMMERCIAL VACANT
49 VACANT BUILDING YES COMMERCIAL VACANT
50 VACANT BUILDING YES COMMERICIAL VACANT
51 VACANT BUILDING YES COMMERICIAL VACANT
52 VACANT BUILDING YES COMMERICIAL VACANT
53 VACANT BUILDING YES COMMERICIAL VACANT
54 VACANT BUILDING YES COMMERICIAL VACANT
55 VACANT BUILDING YES GARAGE VACANT
56 VACANT BUILDING YES GARAGE VACANT
57 VACANT BUILDING YES HOUSE VACANT
58 VACANT BUILDING YES HOUSE VACANT
59 VACANT BUILDING YES HOUSE VACANT
60 VACANT BUILDING YES HOUSE VACANT
61 VACANT BUILDING YES HOUSE VACANT
62 VACANT BUILDING YES HOUSE VACANT
63 VACANT BUILDING YES HOUSE VACANT
64 VACANT BUILDING YES HOUSE VACANT
65 VACANT BUILDING YES HOUSE VACANT
66 VACANT BUILDING YES HOUSE VACANT
67 VACANT BUILDING YES HOUSE VACANT
68 VACANT BUILDING YES HOUSE VACANT
69 VACANT BUILDING YES HOUSE VACANT
70 VACANT BUILDING YES HOUSE VACANT
71 VACANT BUILDING YES HOUSE VACANT
72 VACANT BUILDING YES HOUSE VACANT
73 VACANT BUILDING YES HOUSE VACANT
74 VACANT BUILDING YES HOUSE VACANT
75 VACANT BUILDING YES HOUSE VACANT
76 VACANT BUILDING YES MOTEL VACANT
77 VACANT BUILDING YES MOTEL VACANT
78 VACANT BUILDING YES MOTEL VACANT
79 VACANT BUILDING YES MOTEL VACANT
80 VACANT BUILDING YES RESTAURANT VACANT
81 VACANT BUILDING YES RESTAURANT VACANT
Page 21 of 22
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82 VACANT BUILDING YES RESTAURANT VACANT
83 VACANT BUILDING YES STRUCTURE VACANT
84 VACANT BUILDING YES TRAILER/ STRUCTURE VACANT
85 VACANT BUILDING YES HOUSE VACANT
86 VACANT BUILDING YES BUILDING VACANT
87 VACANT BUILDING YES BUILDING VACANT
88 VACANT BUILDING YES COMMERCIAL VACANT
89 VACANT BUILDING YES HOUSE VACANT
90 VACANT BUILDING YES HOUSE VACANT
91 VACANT BUILDING YES HOUSE VACANT
92 VACANT BUILDING YES HOUSE VACANT
93 VACANT BUILDING YES HOUSE VACANT
94 VACANT BUILDING YES HOUSE VACANT
95 VACANT BUILDING YES BUILDING VACANT - BOARDED UP
96 VACANT BUILDING YES BUILDING VACANT - BOARDED UP
97 VACANT BUILDING YES BUILDING VACANT - BOARDED UP
98 VACANT BUILDING YES BUILDING VACANT - BOARDED UP
99 VACANT BUILDING YES BUILDING VACANT - BOARDED UP
100 VACANT BUILDING YES BUILDING VACANT - BOARDED UP
101 VACANT BUILDING YES COMMERCIAL VACANT - BOARDED UP
102 VACANT BUILDING YES COMMERCIAL VACANT - BOARDED UP
103 VACANT BUILDING YES HOUSE VACANT - BOARDED UP
104 VACANT BUILDING YES HOUSE VACANT - BOARDED UP
105 VACANT BUILDING YES HOUSE VACANT - BOARDED UP
106 VACANT BUILDING YES HOUSE VACANT - BOARDED UP
107 VACANT BUILDING YES HOUSE VACANT - BOARDED UP
108 VACANT BUILDING YES HOUSE VACANT - BOARDED UP
109 VACANT BUILDING YES BUILDING VACANT - FIRE MAY 2024
110 VACANT BUILDING YES COMMERCIAL VACANT - OLD BANK
111 VACANT BUILDING YES COMMERCIAL VACANT - OLD BANK
112 VACANT BUILDING YES COMMERICAL VACANT - OLD CHURCH
113 VACANT BUILDING YES COMMERCIAL VACANT - OLD TOWN HALL
114 VACANT BUILDING YES TRAILER/ STRUCTURE VACANT - TRAILER ON LOT
Page 22 of 22
Page 113 of 156
MW-2024-42
Report
Report to: Mayor and Council
Date: October 22, 2024
Title:
Intersection Control Review - Ontario Avenue at Hiram Street
Recommendation(s)
1. That Council RECEIVE for information this report detailing the findings and
recommendations of the Ontario Avenue at Hiram Street Pilot Study; and,
2. That Council APPROVE of the permanent opening and all-way stop-control of
the Ontario Avenue and Hiram Street intersection.
Executive Summary
Ontario Avenue, northeast of Hiram Street was closed to vehicular access following the
opening regarding concerns perceived due to in Niagara Casino of 1999
of change the With neighbourhood. infiltrating traffic bus commercial/coach the
patronage/demands at Casino Niagara over the years, these concerns are no longer be
present.
Barricades consisting of planters, post and chains on Ontario Avenue at Hiram Street
were removed in early July 2024. Following their removal, the intersection of Ontario
Avenue and Hiram Street was converted into an all-way stop-controlled intersection.
Staff conducted a follow-up reviews at the end of August 2024 to assess whether any
additional safety measures were required. Since the barricades were removed in early
July 2024, no traffic safety concerns have been raised by residents. Traffic data
acquired during the assessment period indicates that the removal of the barricades has
not adversely impacted traffic safety or operations in the area.
Background
At its meeting on May 28, 2024, Council approved the reopening of Ontario Avenue at
Hiram Street as a pilot study. This involved the removal of the concrete planters, chains,
and traffic signs on the northeast approach of the intersection for the summer period.
The removal was completed in early July 2024, and Hiram Street at Ontario Avenue
was subsequently converted into an all-way stop-controlled intersection.
During the summer months, staff conducted multiple site observations and monitored
traffic volumes, travel patterns, and safety concerns in the neighbourhood. Traffic data
Page 1 of 6
Page 114 of 156
was collected at the end of August, and residents’ feedback on traffic safety concerns
following the removal of the barricades was sought.
Analysis
Staff carried out various technical studies in the area, including collecting traffic
volumes, vehicle speed data, visibility assessments, and general site observations and
compared with data collected before-and-after the removal of the barricades.
Attachment #1 provides a summary and results of the data collected.
Traffic Volume
The increase in traffic volume following the removal of the barricades is in line with the
expected changes for the area based on the road classifications. Based on guidelines
developed by the Transportation Association of Canada (TAC):
local residential roadways typically experience less than 1,000 vehicles per day,
and,
collector residential roadways typically experience less than 8,000 vehicles per
day.
For example, the segment of Ontario Avenue between Hiram Street and John Street,
which previously functioned as a cul-de-sac with only 35 vehicles per day, experienced
an increase to 244 vehicles per day after the barrier was removed. The traffic volumes
after the removal of the barricades are still within the roadway's new function as a
through local roadway, connecting the east and west segments of Ontario Avenue.
Similarly, other segments such as Ontario Avenue between Bender Street and Hiram
Street, and Hiram Street between Ontario Avenue and Blondin Avenue saw only
moderate increases, which are also within the expected range for a collector roadway.
The increase in traffic volume in August 2024 can also be attributed to the peak tourist
season. This seasonal increase is typical for the area and does not indicate a long-term
surge in traffic volumes due to the removal of the barricades. The collected data shows
that while more vehicles were present during this time, traffic patterns are expected to
stabilize once the tourist season concludes.
Despite the volume increase, the overall traffic levels remain within the typical range for
local roadways.
Speed Data
The traffic speed data collected across the five road segments indicates that all
operating speeds remain within the posted 50 km/h limit. No instances of speeding were
observed or reported during the monitoring period. Motorists' speeds remain within an
acceptable threshold. This is an important finding as it reveals that the removal of the
Page 2 of 6
Page 115 of 156
barricades has not resulted in any increase in unsafe driving behaviors or excessive
speeds.
Site Observations
Staff conducted site observations and did not observe any traffic safety concerns during
these visits. Traffic volumes on Ontario Avenue east of Hiram Street remain low, with
minimal pedestrian activity.
The intersection of Ontario Avenue and Hiram Street has been converted to an all-way
stop control. Stop line and crosswalk pavement markings were applied and the stop
signs were installed and are clearly visible to approaching motorists.
Resident Feedback
A letter was sent to residents along Ontario Avenue and Hiram Street prior to the
removal of the barricades, requesting feedback on any traffic or safety concerns after
the removal. To date, no safety concerns or incidents have been reported by residents.
This absence of feedback is a positive indicator that the removal of the barricades has
not resulted in any significant issues, further supporting the recommendation for the
permanent removal of the barriers.
RECOMMENDATION
Given that traffic volumes consistently fall within the expected range for the road
classifications and operating speeds, and remain below the 50 km/h limit, staff
recommends the permanent removal of the barricades on the northeast approach of
Ontario Avenue at Hiram Street and that the all-way stop control be maintained. At this
time, no further safety measures are necessary.
Financial Implications/Budget Impact
There are no financial and budget impacts associated with the recommendations
contained within this report.
Strategic/Departmental Alignment
Encourage multi-modal travel and active transportation initiatives, and enhance
motorist, cyclist, and pedestrian safety.
Strategic Plan Pillars
List of Attachments
MW-2024-42 Ontario Avenue @ Hiram Street_Follow-Up_Appendix
Written by:
Mathew Bilodeau, Manager of Transportation Engineering
Page 3 of 6
Page 116 of 156
Submitted by: Status:
Erik Nickel, General Manager of Municipal Works Approved
- 15 Oct
2024
Jason Burgess, CAO Approved
- 16 Oct
2024
Page 4 of 6
Page 117 of 156
MW-2024-42
October 22, 2024
Figure 1: Traffic data collected location
Table 1: Traffic data summary
Operating
Speed (km/h)
Traffic Volume
(veh/day)No
.Road segment
Road
Classificatio
n Befor
e After Before After
1 Ontario Ave btw Bender St & Hiram
St Collector 39 35 767 935
2 Ontario Ave btw Hiram St & John St Local 36 43 35 244
3 Ontario Ave btw Eastwood Cr &
Phillip St Local 45 43 172 238
4 Ontario Ave btw Eastwood Cr &
Otter St Local 53 43 247 260
5 Hiram St btw Ontario Av & Blondin
Av Collector 49 48 645 846
1
2
3
45
Ontario Avenue Hiram Str
eet Joh
n
Str
eet
Philip Str
eet
Eas
twood
Cre
sce
nt
Page 5 of 6
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2
MW-2024-42
October 22, 2024
Chart 1: Daily Traffic Volume before and after the barrier removal
Chart 2: Operating Speed before and after the barrier removal
Page 6 of 6
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F-2024-38
Report
Report to: Mayor and Council
Date: October 22, 2024
Title:
2024 Q2 Water/Wastewater Fund Budget to Actual Variance
(Unaudited)
Recommendation(s)
That the 2024 Q2 Water and Wastewater Fund Budget to Actual Variance report for the
period ended June 30, 2024 be RECEIVED.
Executive Summary
This report is intended to provide Council with information and details pertaining to the
2024 Q2 budget to actual variance results for the period ended June 30, 2024 for both
the Water Fund and the Wastewater Fund.
Within attachments 1 and 2, if there is a note number notation to the right of the
variance column, there is a corresponding explanation to that note number located in
the analysis section of this report. Please refer to this report in conjunction with the
attachments.
Background
Council has expressed a desire to view actuals in conjunction with the budget. One
goal of the Finance department is to provide Council with regular, quarterly budget
variance reports.
Analysis
WATER FUND (FUND 15)
Attachment 1 contains the Water Fund 2024 Q2 budget to actual variance. The
subsequent notes correspond to the statement in Attachment 1.
Revenues
1. From Development Charges has an unfavourable variance of $336,335 at Q2
2024. Due to Debt charge recovery placeholders for MS64-23
Montrose/Bigger/Reixinger Road Reconstruction $115,731 and W62-21 Rexinger
Watermain loop and Hospital Servicing $556,939. There is a corresponding
favourable variance offset under item #1 To Capital SPR.
Page 1 of 8
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Expenses
2. Labour and Benefits has a favourable variance of $368,343 or 19.8% at Q2
2024 in the Water Fund and $92,007 or 8.4% in the Wastewater Fund. The
budgeting process estimates labour allocation between water and wastewater
based on expected needs and department distribution. However, unforeseen
water main breaks or complications can shift the allocation. The cumulative
variance for labour, benefits, and overtime between the water and wastewater
funds is favorable at $460,000 variance at Q2 2024 end driven mainly by
vacancies and gapping.
3. Materials has an unfavourable variance of $78,078 or -14.3% at Q2 2024.Due to
an increase in material costs. In addition the City has been catching up on legacy
restorations as COVID caused delays, this resulted in an increase in aggregate
and asphalt costs from a few large restorations. While the budget for this line is
based on historical trends, actual figures often deviate from the budgeted
amounts due to uncertainties.
4. Professional Development has an unfavourable variance of $12,671 or -67.6%
at Q2 2024. This is driven by legislative training requirements and catchup from
the COVID-19 impacted years.
5. Rents and Financial Expenses has an unfavourable variance of $47,330 or -
29.7% at Q2 2024.This is due to the Council Approved Tenant Arrears write offs
for accounts closed in 2022 or prior.
WASTEWATER FUND (FUND 16)
Attachment 2 contains the Wastewater Fund 2024 Q2 budget to actual variance.
The notes below correspond to the statement in Attachment 2.
Revenue
6. From Special Purpose Reserves has an unfavourable variance of $407,500 at
Q2 2024.The SPR is budgeted to offset budgeted spending in Sanitary Systems
R&D contracted services: $200,000 for Weeping Tile Removal and $50,000 for
Local Drainage Assist Program as the City has reserves for these items.
In addition there was $500,000 budgeted as a transfer from Wastewater
Stabilization reserve to partially mitigate Regional increases.
7. Development Charges has an unfavourable variance of $138,003 or 26.4% at
Q2 2024. Due to Debt charge recovery placeholders for MS64-23
Montrose/Bigger/Reixinger Road Reconstruction $276,005. There is a
corresponding favourable variance offset under item #7 To Capital SPR.
Page 2 of 8
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Expenses
8. Materials has a favourable variance of $96,233 or 58.5% at Q2 2024. This is
driven by timing difference in insurance fees/insurance payouts which will be a
Q4 journal entry and underspending in Wastewater Research and Development.
While the budget for this line is based on historical trends, actual figures often
deviate from the budgeted amounts due to uncertainties.
9. Contracted Services has a favourable variance of $433,436 or 3.9% at Q2
2024. This is primarily due to underspending in utility locates, lower than
anticipated emergency repairs in 2024 under sanitary systems maintenance and
sanitary systems research & development.
10. External Transfers has a favourable variance of $138,003. This is the budget for
the 2024 Weeping Tile Assistance program. In 2024 there was a change in
process for the Weeping Tile Assistance program in which it was previously
budgeted in the Contracted Services account.
Financial Implications/Budget Impact
This report is financial in nature with details throughout. Financial implications regarding
variances have been communicated above in the analysis section.
Strategic/Departmental Alignment
This report is consistent with the following Council strategic commitments:
1. To be financially responsible to the residents of Niagara Falls by practicing
prudent fiscal management of existing resources, and by making sound long-
term choices that allow core City programs and services to be sustainable now
and into the future.
2. To be efficient and effective in our delivery of municipal services and use of
resources, and accountable to our citizens and stakeholders.
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
F-2024-38 Attachment 1 – 2024 Q2 Water Fund Budget to Actual Comparison
(unaudited)
F-2024-38 Attachment 2 – 2024 Q2 Wastewater Fund Budget to Actual Comparison
(unaudited)
Page 3 of 8
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Written by:
Sebastian Zukowski, Senior Financial Analyst
Submitted by: Status:
Tiffany Clark, Director of Finance Approved
- 15 Oct
2024
Shelley Darlington, General Manager of Corporate
Services
Approved
- 16 Oct
2024
Jason Burgess, CAO Approved
- 17 Oct
2024
Page 4 of 8
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Attachment 1 - 2024 Q2 Water Fund Budget to Actual Variance (unaudited)F-2024-38
Oct 22, 2024
Annual
Budget
Budget to
June 30
(50%)
Actuals
(Over)/
Under
Budget
Variance
(Over)/
Under
Budget
Used
2024 2024 2024 $%%
REVENUES
Penalties 62,700 31,350 29,593 1,757 5.6%47.2%
Sales 225,000 112,500 90,892 21,608 19.2%40.4%
User Fees 26,915,836 13,457,918 13,431,553 26,365 0.2%49.9%
Miscellaneous Revenue 27,203,536 13,601,768 13,552,038 49,730 0.4%49.8%
From Special Purpose Reserves 65,000 32,500 0 32,500 100.0% 0.0%
From Development Charges 672,670 336,335 0 336,335 100.0%0.0%[1]
Internal Transfers 737,670 368,835 0 368,835 100.0%0.0%
TOTAL REVENUE 27,941,206 13,970,603 13,552,038 418,565 3.0% 48.5%
2024 Second Quarter Budget to Actual Comparison
WATER FUND
Page 5 of 8
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Attachment 1 - 2024 Q2 Water Fund Budget to Actual Variance (unaudited)F-2024-38
Oct 22, 2024
Annual
Budget
Budget to
June 30
(50%)
Actuals
(Over)/
Under
Budget
Variance
(Over)/
Under
Budget
Used
2024 2024 2024 $%%
2024 Second Quarter Budget to Actual Comparison
WATER FUND
EXPENSES
Labour 2,812,007 1,406,004 1,107,518 298,486 21.2%39.4%
Employee Benefits Allocation 849,465 424,733 357,400 67,333 15.9%42.1%
Overtime 65,000 32,500 29,975 2,525 7.8%46.1%
Labour and Benefits 3,726,472 1,863,236 1,494,893 368,343 19.8%40.1%[2]
Advertising/News Release 0 0 0 0 0.0%0.0%
Conferences/Conventions 3,000 1,500 0 1,500 100.0%0.0%
Insurance Premiums 166,007 83,004 77,212 5,791 7.0%46.5%
Materials 1,088,600 544,300 622,378 (78,078)(14.3%)57.2%[3]
Software Costs 87,400 43,700 0 43,700 100.0%0.0%
Office Supplies 12,500 6,250 12,553 (6,303)(100.8%)100.4%
Professional Development 37,500 18,750 31,421 (12,671)(67.6%)83.8%[4]
WSIB 30,000 15,000 25,960 (10,960)(73.1%)86.5%
Materials 1,425,007 712,504 769,524 (57,020)(8.0%)54.0%
Electricity 500 250 156 94 37.4%31.3%
Utilities 500 250 156 94 37.4%31.3%
Contracted Services 1,656,000 828,000 814,416 13,584 1.6%49.2%
Volumetric Regional Charges 9,699,737 4,849,869 5,020,234 (170,365)(3.5%)51.8%
Fixed Regional Charges 3,336,284 1,668,142 1,668,144 (2)(0.0%)50.0%
Contracted Services 14,692,021 7,346,011 7,502,794 (156,783)(2.1%)51.1%
Rents and Financial Expenses 318,820 159,410 206,740 (47,330)(29.7%)64.8%[5]
Long Term Interest 147,933 73,967 73,318 648 0.9%49.6%
Long Term Debt Principal 184,190 92,095 91,127 968 1.1%49.5%
Debt Charges 332,123 166,062 164,445 1,616 1.0%49.5%
Internal Rent 492,414 246,207 204,731 41,476 16.8%41.6%
Indirect Costs 147,247 73,624 73,624 0 0.0%50.0%
Interdepartmental Transfers 0 0 (339)339 0.0%0.0%
To Capital SPR 6,105,000 3,052,500 3,040,000 12,500 0.4%49.8%
To CSPR (Debt Placeholder)28,932 14,466 0 14,466 100.0%0.0%
To CSPR (DC Debt Placeholder)672,670 336,335 0 336,335 100.0%0.0%[1]
Internal Transfers 7,446,263 3,723,132 3,318,015 405,116 10.9%44.6%
TOTAL EXPENSES 27,941,206 13,970,603 13,456,567 514,036 3.7% 48.2%
(Surplus)/Deficit 0 0 (95,471) 95,471
Page 6 of 8
Page 125 of 156
Attachment 2 - 2024 Q2 Wastewater Fund Budget to Actual Variance (unaudited)F-2024-38
Oct 22, 2024
Budget Budget to
June 30
(50%)
Actuals
(Over)/
Under
Budget
Variance
(Over)/
Under
Budget
Used
2024 2024 2024 $%%
REVENUES
Penalties 69,300 34,650 39,811 (5,161)(14.9%)57.4%
User Fees 31,883,836 15,941,918 15,353,027 588,891 3.7%48.2%
Miscellaneous Revenue 31,953,136 15,976,568 15,392,838 583,730 3.7%48.2%
From Special Purpose Reserves 815,000 407,500 0 407,500 100.0%0.0%[6]
From Development Charges 1,043,891 521,946 383,943 138,003 26.4%36.8%[7]
Internal Transfers 1,858,891 929,446 383,943 545,503 58.7%20.7%
TOTAL REVENUE 33,812,027 16,906,014 15,776,781 1,129,232 6.7%46.7%
2024 Second Quarter Budget to Actual Comparison
WASTEWATER FUND
Page 7 of 8
Page 126 of 156
Attachment 2 - 2024 Q2 Wastewater Fund Budget to Actual Variance (unaudited)F-2024-38
Oct 22, 2024
Budget Budget to
June 30
(50%)
Actuals
(Over)/
Under
Budget
Variance
(Over)/
Under
Budget
Used
2024 2024 2024 $%%
2024 Second Quarter Budget to Actual Comparison
WASTEWATER FUND
EXPENSES
Labour 1,660,952 830,476 749,145 81,331 9.8%45.1%
Employee Benefits Allocation 500,549 250,275 236,737 13,538 5.4%47.3%
Overtime 39,000 19,500 22,362 (2,862)(14.7%)57.3%
Labour and Benefits 2,200,501 1,100,251 1,008,244 92,007 8.4%45.8%[2]
Insurance Premiums 195,108 97,554 90,748 6,806 7.0%46.5%
Materials 329,000 164,500 68,267 96,233 58.5%20.7%[8]
Office Supplies 150 75 0 75 100.0%0.0%
WSIB 40,000 20,000 22,991 (2,991)(15.0%)57.5%
Materials 574,258 287,129 182,006 105,123 36.6%31.7%
Electricity 2,900 1,450 1,900 (450)(31.0%)65.5%
Utilities 2,900 1,450 1,900 (450)(31.0%)65.5%
Contracted Services 1,924,000 962,000 519,984 442,016 45.9%27.0%
Fixed Regional Charges 20,272,624 10,136,312 10,144,892 (8,580)(0.1%)50.0%
Contracted Services 22,196,624 11,098,312 10,664,876 433,436 3.9%48.0%[9]
Rents and Financial Expenses 153,500 76,750 45,504 31,246 40.7%29.6%
Long Term Interest 317,142 158,571 156,763 1,808 1.1%49.4%
Long Term Debt 782,868 391,434 390,466 968 0.2%49.9%
Debt Charges 1,100,010 550,005 547,229 2,776 0.5%49.7%
Internal Rent 241,981 120,991 89,453 31,537 26.1%37.0%
Indirect Costs 147,247 73,624 73,624 0 0.0%50.0%
External Transfers 350,000 175,000 50,502 124,498 71.1%14.4%[10]
To Capital 0 0 0 0 0.0%0.0%
To Capital SPR 6,500,000 3,250,000 3,250,000 0 0.0%50.0%
To CSPR (Debt Placeholder)69,001 34,501 0 34,501 100.0%0.0%
To CSPR (DC Debt Placeholder)276,005 138,003 0 138,003 100.0%0.0%[7]
To SPR 0 0 0 0 0.0%0.0%
Internal Transfers 7,584,234 3,792,117 3,463,579 328,538 8.7%45.7%
TOTAL EXPENSES 33,812,027 16,906,014 15,913,337 992,676 5.9%47.1%
(Surplus)/Deficit 0 0 136,556 (136,556)
Page 8 of 8
Page 127 of 156
To:Mayor Diodati and Niagara Falls Councillors,
I am reaching out on behalf of Canadian Federation of University Women Welland and District
and local organizations who are working to end gender-based violence,to request your
continued participation in the 16 Days of Activism against Gender-Based Violence campaign
The 16 Days of Activism Against Gender-Based Violence begins on Monday,November 25,the
International Day for the Elimination of Violence Against Women and ends on December 10,
International Human Rights Day.
We are working to coordinate our requests to each municipality and are asking you to proclaim
November 25th as the International Day for the End of Violence Against Women and to raise a
Wrapped in Courage flag (purple)to create awareness and promote gender equality.
As well,we are requesting permission to display Red dresses at various locations to
acknowledge Missing and Murdered Indigenous Women,Girls and 2S+(MMIWG2S+).
In order to keep the issue of eliminating violence against women at the top of local,national and
global agendas,This is an opportunity for each mayor and council to issue a reaffirming
statement of support and to promote awareness of this violence,the need for resources and
help for victims.
We are also requesting your permission to hang red dresses in the trees along the walkway in
front of city hall.These dresses will be hung to honour and remind society of all the missing and
murdered Indigenous women around the world.Our group will be responsible for hanging and
taking down the dresses.
We wish to thank you for your consideration of this request and for all you have done other
years to raise awareness of domestic violence and to support our organizations.If there is
additional information that any of us can provide,please let me know.If your town is planning
any activities for the 16 Days of Activism we will be happy to participate and assist in any way
possible.
Sincerely,
Gwenn Alves
Carol Harding
Advocacy Committee CFUW Welland and District
gwennralves@gmail.com
harding.welland@gmail.com
Page 128 of 156
Page 129 of 156
Mayor Jim Diodati October 21,2024
City Clerk
City of Niagara Falls
GenWell,a Not-for Profit registered in Canada (#1048215-3)requests that the City of Niagara Falls proclaim
November 18-24,2024,as "Talk To A Stranger Week"This proclamation aligns with the mission of GenWell,a
Canadian-led Global Human Connection movement that highlights the critical importance of human connection
for the health,happiness,longevity,and overall well-being of all Canadians.
PROCLAMATION
WHEREAS,GenWell is a Canadian-led Global Human Connection movement which seeks to highlight the need
for all Canadians to recognize the importance of human connection for their health,happiness,longevity,and the
betterment of society for all;and
WHEREAS,the City of Niagara Falls is encouraged to talk to strangers to create connections for the well-being of
our citizens and the betterment of our community;
NOW THEREFORE,November 18-24,2024,is proclaimed as Talk To A Stranger Week in the City of Niagara
Falls.
NOW THEREFORE,I,[Name of Mayor],Mayor of the City of Niagara Falls,
DO HEREBY PROCLAIM September 20-22,2024,as “Talk To A Stranger Week”in the City of Niagara Falls.
Dated on this [Day]of [Month],2024.
Signed,
Jim Diodati City of Niagara Falls
By officially recognizing this week as Talk To A Stranger Week,the City of Niagara Falls can play a significant
role in promoting the message of human connection,encouraging its citizens to engage in meaningful face-to-face
interactions during this time,and contributing to the well-being and betterment of the community.
GenWell,
Pete Bombaci
Founder &CEO
GenWell -Canada’s Human Connection Movement
Page 130 of 156
1
Heather Ruzylo
Subject:RE: [EXTERNAL]-Food bank grants for church
-----Original Message-----
From: mac gurl <
To: Clerk <clerk@niagarafalls.ca>
Subject: [EXTERNAL]-Food bank grants for church
Dear Bill Matson
Good morning sir
From our phone call I would like to put in wriƟng my request for emergency funding for my churches food bank.
We run out of a portable in the parking lot of Falls View BIC church located at 7189 Drummond road here in Niagara
Falls. We began as an emergency food pantry and had small numbers however since Covid our numbers have exploded
each year our numbers of clients have nearly doubled. We serve a diverse base of people. We serve old age, ODSP, OW,
working poor, and the homeless.
Project Share has put our informaƟon on their list of resources for food and clothing to clients but don’t get any of the
funding they do or anywhere near the donaƟons they do. It costs us between $300 and $350 per week to keep just
enough food to go around for that week. We have received small grants and donaƟons in past years however all of our
money is gone and our parishioners have dwindled since Covid as well. We had over 100 in aƩendance on Sunday
mornings and we now have only 25 to 35. Needless to say our donaƟons have all but dried up as we are not a well off
area of town.
I am the manager, I do all the shopping, and searching for grants. We do have fundraisers and have been floaƟng on
those small increments of donaƟons.
I would like to request from you approximately $18,500 for one year's operaƟng budget for food alone. We should be
able to sustain such things as shopping bags, freezer bags, baggies etc. for breaking down and packaging bulk items as
well as tea, coffee, and water for volunteers or those in need. Thank you so much for reading and considering our plea.
Krista Wheeler
Shepherds Heart food bank manager
God Bless
Sent from my iPhone
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 131 of 156
Motion Requesting that the Provincial Government Increase the “Heads
and Beds” levy for Ontario Municipalities
Motion by Lori Lococo
Whereas the Heads and Beds levy program was established in 1987 as a
payment-in-lieu of property taxes to compensate municipalities for the cost of
services - transit, roads, sewers, parks, recreation, arts and culture) provided to
post-secondary students, public hospitals and correctional facilities in our
communities,
Whereas, despite frequent and ongoing requests of the provincial government to
increase this levy by CPI annually, the current rate of $75 per bed for
municipalities has been in place since 1987 and in 2024 terms, the Heads and
Beds levy should be at least $165 per bed,
Whereas Ontario’s municipalities continue to face significant financial pressures,
Whereas post-secondary institutions, public hospitals and correctional facilities in
our municipalities play a significant role in enhancing our vitality, economic
development opportunities, talent attraction ability and are an essential
component of our community,
And
Whereas Ontario’s Big City Mayors passed the same motion in April 2024;
Therefore, be it resolved that to reflect the escalated costs of service delivery,
infrastructure and inflation, the province - at a minimum - increase the “Heads
and Beds” levy for municipalities with post-secondary institutions, hospitals and
correctional facilities to $165 per bed and annualize this levy to ensure it keeps
pace with ongoing costs.
And that a copy of this motion be sent to:
● The Hon. Doug Ford, Premier of Ontario
● The Hon. Peter Bethlenfalvy, Minister of Finance
● The Hon. Jill Dunlop, Minister of Colleges and Universities
● The Hon. Victor Fedeli, Minister of Economic Development, Job Creation and
Trade
● Alan Shepard, Chair, Ontario University Council
● Alan Harrison, Chair, Blue Ribbon Panel on Post-Secondary Education on
Financial Sustainability
● Local Area Municipalities
● Chair Jim Bradley, Niagara Region
Page 132 of 156
1
Heather Ruzylo
Subject:Notice of motion - Access to affordable transportation
Whereas data shows Niagara Falls has highest per capita food bank usage in province, with 1 in 7
Niagara Falls residents using food bank.
Whereas the need for Niagara Falls emergency food program has grown “alarmingly” during the past
year.
Whereas according to Daily bread’s annual Who’s Hungry survey, two-thirds of clients reported
having to miss a meal to pay for another expenses. Close to half of these respondents had to skip a
meal to afford transportation.
Whereas they can’t buy $6 dollars per round trip for bus tickets.
Whereas that money should be used to purchase food and necessities not bus tickets.
Therefore, be it resolved that Staff engage with Niagara Region Transit for the purpose of
accomplishing the following:
1. Ensure access to free or affordable transportation by providing reduced rates and enhancing
accessibility, which is critical for individuals utilizing essential services including, but not limited
to, food banks in Niagara Falls.
2. See to that services are affordable, reliable, and accessible, potentially accomplished by
expanding the transfer time fare window from 2 hours to 3 hours. This would help households
reach food programs without paying for two separate trips. Additionally, exploring a pilot
project that offers zero-cost bus access could enable many individuals to not only reach the
food bank but also return home with the food they receive.
Best regards,
Mona Patel
Niagara Falls City Councillor
Get Outlook for iOS
Page 133 of 156
Notice of Motion re: Maintenance of City and Regional Roads
• Whereas Niagara Falls is a world-class destination and attracts more than 14 million
visitors each year; and
• Whereas visitors travel through the Niagara Parks Commission and have a high level of
expectation of beauty and maintenance; and
• Whereas the Region and the City are individually responsible for road maintenance under
their individual jurisdictions; and,
• Whereas Regional Roads have a higher traffic exposure than City Roads, and therefore are
more likely to serve as key access points to economic drivers such as hotels, restaurants,
tourist destinations, and shopping centres; and,
• Whereas the Region has established a consistent level of service for road maintenance
across the entire Regional Road network, regardless of the unique characteristics of the
local area municipalities; and,
• Whereas the Region’s level of service for urban commercial corridors in Niagara Falls is
lower than the City’s level of service, specifically with respect to the frequency of roadside
mowing and the control of weeds along curbs and in medians;
Be it therefore resolved that Staff report back on options, including impacts to the 2025 Budget, for
the purposes of accomplishing the following:
1. An identified plan, with an established budget that outlines a schedule of service at these
arterial road intersections year-round;
2. That the plan be carried out by City of Niagara Falls labour force;
3. That the plan take into account input and a potential cost-sharing partnership with the
Region of Niagara;
4. That the maintenance schedule include spraying, trimming and other means deemed
necessary for a fulsome maintenance program;
5. That the plan identify a consistent target level of service for roadside maintenance on urban
commercial corridors at both the City and Regional level;
6. And it take into account resource challenges faced by the City’s Municipal Works division
to meet this target levels of service on City roads; and,
7. To increase the service levels on Regional roads to match the target level of service.
Page 134 of 156
CITY OF NIAGARA FALLS
By-law No. 2024-100
A by-law to provide for the adoption of Amendment No. 172 to the City of Niagara Falls
Official Plan (AM-2024-009).
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. 172 to the City of Niagara Falls Official Plan, constituting the
attached text, is hereby adopted.
Read a First, Second and Third time; passed, signed and sealed in open Council
this 22nd day of October, 2024.
........................................................ ......................................................
BILL MATSON, CITY CLERK JAMES M. DIODATI, MAYOR
Page 135 of 156
OFFICIAL PLAN AMENDMENT NO. 172
PART 1 – PREAMBLE
(i) Purpose of the Amendment
The purpose of the amendment is to delete and replace Special Policy Area 26,
which currently permits the development of an apartment dwelling with a maximum
density of 75 units per hectare and a maximum building height of 10 storeys (32
metres).
The proposed amendment will allow for the development of a 295-unit apartment
dwelling consisting of two towers with a maximum density of 210 units per hectare
and maximum building heights of 15 storeys (56 metres) and 19 storeys (68
metres), respectively.
(ii) Location of the Amendment
The amendment applies to lands shown as Special Policy Area 26 on Schedule
“A” to the Official Plan - Future Land Use.
(iii) Details of the Amendment
Text Change
PART 2, SECTION 13 – SPECIAL POLICY AREAS, is amended by deleting and
replacing Subsection 13.26.
(iv) Basis of the Amendment
The applicant proposes to develop a 295-unit apartment dwelling consisting of two
towers with a maximum density of 210 units per hectare and maximum building
heights of 15 storeys (56 metres) and 19 storeys (68 metres), respectively.
The subject lands are designated Residential and Special Policy Area 26, as
shown on Schedule “A” to the Official Plan – Future Land Use. This amendment
deletes and replaces Special Policy Area 26, which permits the development of an
apartment dwelling with a maximum density of 75 units per hectare and a
maximum building height of 10 storeys (32 metres).
The amendment meets the intent of the Official Plan as the proposed development
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. Further, the development will be
compatible with surrounding land uses and will contribute to the City’s
intensification target and the diversification of housing types and unit sizes. A
Holding (H) provision will be applied to the amending Zoning By-law to ensure that
Page 136 of 156
the development maintains appropriate levels of public health and safety from
noise, site condition and wind perspectives.
PART 2 - BODY OF THE AMENDMENT
All of this part of the document entitled PART 2 - BODY OF THE AMENDMENT,
consisting of the following text, constitute Amendment No. 172 to the Official Plan of the
City of Niagara Falls.
DETAILS OF THE AMENDMENT
The Official Plan of the City of Niagara Falls is hereby amended as follows:
1. TEXT CHANGE
PART 2, SECTION 13 – SPECIAL POLICY AREAS, is hereby amended by
deleting and replacing the following subsection:
13.26 Special Policy Area “26” applies to approximately 1.4 hectares
of land located on the northeast corner of St. Paul Avenue and
Mountain Road. Notwithstanding the height and density
policies of Part 2, Section 1.10.5 (iii), the lands may be
developed for an apartment dwelling consisting of two towers
with a maximum density of 210 units per hectare and
maximum building heights of 15 storeys (56 metres) and 19
storeys (68 metres), respectively, as measured from an
elevation of 192 metres.
Page 137 of 156
CITY OF NIAGARA FALLS
By-law No. 2024-101
A by-law to amend By-law No. 79-200 to permit the use of the Lands (2430 St. Paul
Avenue) for a 295-unit apartment dwelling consisting of two towers with maximum
building heights of 15 storeys (56 metres) and 19 storeys (68 metres), respectively,
subject to the removal of a Holding (H) symbol and a 3-year sunset clause and to repeal
By-law No. 2013-059 (AM-2024-009).
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 the uses permitted in an R5B zone.
5. The regulations governing the permitted uses shall be:
(a) Minimum lot area
(b) Front lot line
(c) Location of the various components of
the buildings or structures on the
Lands, their maximum height and
maximum number of storeys and
minimum yards
(d) Maximum projection of a balcony into a
required yard, save and except an
exterior side yard abutting Tower A
Podium
47 square metres for each dwelling
unit
For the purposes of this by-law,
Mountain Road shall be deemed to
be the front lot line
Refer to the plan on Schedule 2 of
this by-law and clause (e) of this
section
2.65 metres
Page 138 of 156
2
(e) Maximum height of buildings or
structures
(i) Porte-cochѐre, as shown on the
plan Schedule 2 attached
hereto
(ii) Tower A Podium & Tower B
Podium, as shown on the plan
Schedule 2 attached
hereto
(iii) Shared Podium, as shown on the
plan Schedule 2 attached hereto
(iv) Tower A, as shown on the plan
Schedule 2 attached hereto
(v) Tower B, as shown on the plan
Schedule 2 attached hereto
5.8 metres, as measured from an
elevation of 192 metres
2.4 metres and a maximum of 1
storey, as measured from an
elevation of 192 metres
-7.5 metres, as measured from an
elevation of 192 metres
56 metres and a maximum of 15
storeys, as measured from an
elevation of 192 metres, subject to
section 4.7 of By-law No. 79-200
68 metres and a maximum of 19
storeys, as measured from an
elevation of 192 metres, subject to
section 4.7 of By-law No. 79-200
(f) Minimum number of parking spaces 1.26 parking spaces for each
dwelling unit
(g) The balance of regulations specified for an R5B use.
6. All other applicable regulations set out in By-law No. 79-200, shall continue to
apply to govern the permitted uses on the Lands, with all necessary changes in
detail.
7. No person shall use the Lands for a use that is not a permitted use.
8. No person shall use the Lands in a manner that is contrary to the regulations.
9. The Holding (H) symbol that appears on Schedule 1 attached hereto is provided
for in the City of Niagara Falls Official Plan pursuant to Section 36 of the Planning
Act. No person shall use the Lands described in section 1 of this by-law and shown
hatched and designated R5B(H) and numbered 1261 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:
Page 139 of 156
3
• Submit a Phase 1 Environmental Site Assessment (and any subsequent
assessments) to the satisfaction of the City and The Regional Municipality
of Niagara;
• File a Record of Site Condition with the Ministry of the Environment,
Conservation and Parks to the satisfaction of the City and The Regional
Municipality of Niagara;
• Submit an updated Pedestrian Level Wind Study to the satisfaction of the
City and The Regional Municipality of Niagara, demonstrating no unsafe or
uncomfortable wind conditions and/or the effectiveness of proposed
mitigation measures;
• 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;
• Implement the recommendations of the Honey Locust Tree Assessment,
prepared by Colville Consulting Inc. and dated November 18th, 2013,
through future Site Plan and/or Condominium Agreements to the
satisfaction of the City and The Regional Municipality of Niagara; and
• Implement noise mitigation measures and warning clauses through future
Site Plan and/or Condominium Agreements as recommended by the
Detailed Environmental Noise Assessment, prepared by RJ Burnside and
dated February, 2024, as amended, to the satisfaction of the City and The
Regional Municipality of Niagara.
10. The provisions of this by-law shall be shown on Sheet C2 of Schedule “A” of By-
law No. 79-200 by designating the Lands from R5B(498) to R5B(H) and numbered
1261.
11. Should the owner of the Lands not execute a Site Plan Agreement or receive Draft
Plan of Condominium approval to the satisfaction of the City within 3 years of this
by-law coming into effect, then the zoning of the Lands zoned as R5B(H)-1261
zone shall be of no force and effect and the zoning of the Lands will revert back to
the R5B(498) zone and By-law No. 2013-059 will be deemed to be unrepealed.
12. Notwithstanding clause 11 above, the approval of this by-law may be extended by
1 year at the discretion of the General Manager of Planning, Building and
Development.
13. Section 19 of By-law No. 79-200 is amended by adding thereto:
19.1.1261 Refer to By-law No. 2024-101.
Page 140 of 156
4
14. By-law No. 2013-059 is hereby repealed and Section 19.1.498 of By-law No. 79-
200 is deleted.
Read a First, Second and Third time; passed, signed and sealed in open Council
this 22nd day of October 2024.
....................................................................... .....................................................................
WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR
Page 141 of 156
Page 142 of 156
Page 143 of 156
CITY OF NIAGARA FALLS
By-law No. 2024 - 102
A by-law to impose fees and charges for services and activities provided or done by the Fire
Department of the City of Niagara Falls.
WHEREAS Section 391(1) of the Municipal Act, 2001, S.O. 2001, c.25 permits a municipality
to pass by-laws imposing fees or charges on any class of persons for services or activities
provided or done by or on behalf of it, among other things, subject to the terms, conditions
and limitations set out in the section;
AND WHEREAS the Council intends to impose fees or charges for services or activities
provided or done by its Fire Department.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA
FALLS ENACTS AS FOLLOWS:
1. In this by-law,
(a) “charges” include any interest payable pursuant to section 7 and any costs
incurred by the City pursuant to section 10;
(b) “City” means The Corporation of the City of Niagara Falls;
(c) “Council” means the Council of The Corporation of the City of Niagara Falls;
(d) “false fire alarm” means malicious false alarm and nuisance false alarm;
(e) “fee” or “fee for services” means any fee for services imposed under section 2
and billed pursuant to section 5;
(f) “Fire Department” means the Fire Department of The Corporation of the City
of Niagara Falls and includes its officers and members;
(g) “malicious false alarm” means the negligent or intentional misuse of a fire alarm
system resulting in the activation of the system, but does not include the
activation of a fire alarm system under circumstances that would have caused
a careful or prudent person to believe that a fire related emergency was in
progress at the owner’s building or in circumstances where the owner has
notified the Fire Department in advance of work being done on the fire alarm
system that could cause a false fire alarm;
(h) “owner” means a person who is shown as the assessed owner or tenant of real
property in the assessment rolls for the City in respect of which property,
services and activities were provided or done by the Fire Department and
includes the registered owner or mortgagee in possession of such property and
includes a person in actual occupation of such property pursuant to an
agreement with the assessed owner for the purchase of it and also includes a
Page 144 of 156
2
condominium corporation having control of the common elements of the
buildings; and
(i) “preventable false alarm” means the activation of a fire alarm system through
a mechanical failure, equipment malfunction or improper maintenance or
installation of the system, but does not include the activation of a fire alarm
system where the activation occurred as a result of accidental damage to the
system.
2. The City shall impose the fees for services set out in the City’s current Schedule of
Fees By-law, as may be amended from time to time, for services provided or done by
the Fire Department.
3. The owner of any property to which services set out in the City’s current Schedule of
Fees By-law, as may be amended from time to time, were provided or done by the
Fire Department, regardless of whether requested by the owner or an agent of the
owner, or not, shall pay the fee imposed for such services under section 2 hereof.
4. In the event there is more than one owner as referred to in section 3 above, their
liability for payment shall be joint and several.
5. An invoice for services billed pursuant to section 3 may be served by the City
personally on the owner or by regular first class prepaid mail, in which event service
shall be deemed to have been received on the third day after mailing, or by electronic
transmission or telephone transmission of a facsimile, in which event service shall be
deemed to have been made on the first day after the day of transmission.
6. The fee for services shall be payable to the City by cash, debit, cheque, money order
or bank draft no later than thirty (30) days from the date of the invoice for the services.
7. Where the fee for services remains unpaid, in whole or in part, for a period in excess
of thirty (30) days from the date of the invoice for the services, the owner shall pay, in
addition to the outstanding balance of the fee, interest on the outstanding balance,
such interest to be calculated at a rate equal to the prime lending rate charged to the
City by its banker from time to time, plus one (1) percent per annum.
8. The fee for services, plus any interest that may have accrued on the outstanding
balance under section 7, shall constitute a debt of the owner to the City.
9. The City may take such action as it considers necessary and as is permitted by law to
collect the debt constituted under section 7.
10. The owner shall be liable to the City for any costs incurred by the City in collecting the
debt constituted under section 7 and such costs shall also constitute a debt of the
owner to the City, and section 9 shall apply to the recovery of such costs, with
necessary modifications.
11. Without restricting the generality of sections 9 and 10, where the fee for services or
charges or all or any of them remains unpaid, in whole or in part, for a period in excess
of thirty (30) days, such fee or charges or all or any of them shall be added to the tax
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3
roll for any real property within the territorial limits of the City owned, in whole or in
part, by the owner and collected in like manner as municipal taxes.
12. All of the owners of the real property to whose tax roll the fee for service or charges or
any or all of them were added pursuant to section 11, shall be liable jointly and
severally for paying such fee and charge, and such fee and charges shall be collected
in like manner as municipal taxes.
13. False alarm offenses shall be tracked for billing purposes using the calendar year,
January 1st to December 31st, as follows:
(a) First two preventable alarms at the same address in a calendar year shall
receive a written warning;
(b) The third preventable alarm at the same address in a calendar year shall be
billed for one (1) truck, in accordance with the City’s current Schedule of Fees
By-law, as may be amended from time to time;
(c) The fourth preventable alarm at the same address in a calendar year shall be
billed for two (2) trucks, in accordance with the City’s current Schedule of Fees
By-law, as may be amended from time to time; and
(d) Any further preventable alarms at the same address in a calendar year shall
be billed for all responding fire apparatus.
14. If any section or part of this by-law is found to be illegal or beyond the power of the
City’s Council to enact, such section or part or item shall be deemed to be severable
and all other sections or parts or items of this by-law shall be deemed to be separate
and independent therefrom and to be enacted as such.
15. That the City Clerk is authorized to effect any minor modifications, corrections or
omissions solely of an administrative, numerical, grammatical, semantical or
descriptive nature to this by-law after the passage of this by-law.
16. By-Law No. 2000-122 is hereby repealed.
17. This by-law shall become effective on the date of passage.
Read a First, Second and Third time; passed, signed and sealed in open Council this
22nd day of October, 2024.
................................................................. .....................................................
WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR
Page 146 of 156
CITY OF NIAGARA FALLS
By-law No. 2024-104
A by-law to provide for the adoption of Amendment No. 173 to the City of Niagara Falls
Official Plan (AM-2023-035).
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. 173 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 22nd day of October, 2024.
........................................................ ......................................................
BILL MATSON, CITY CLERK JAMES M. DIODATI, MAYOR
Page 147 of 156
OFFICIAL PLAN AMENDMENT NO. 173
PART 1 – PREAMBLE
(i) Purpose of the Amendment
The purpose of the amendment is to permit the renovations of two (2) existing 2
storey buildings with a total of 24 apartment dwelling units. The proposed
renovations would introduce 9 new residential units and increase the overall density
to 128 units per hectare from the permitted density of 75 units per hectare.
(ii) Location of the Amendment
The amendment applies to lands shown as Special Policy Area 101 on Schedule A –
Future Land Use to the City’s Official Plan.
(iii) Details of the Amendment
Map Changes
MAP 1 - Schedule “A” to the Official Plan – Future Land Use has been amended to
show the increased density within Residential designation with Special Policy Area
101.
Text Change
PART 2, SECTION 13 – SPECIAL POLICY AREAS, is amended by the addition of
Subsection 13.101.
(iv) Basis of the Amendment
The applicant proposes to renovate two (2) existing buildings at 4473-4479
Ferguson Street and 4499 Ferguson Street at the overall density of 128 units per
hectare. The renovations would add a total of 9 new apartment units to the existing
buildings.
The lands are designated Residential as shown on Schedule A – Future Land Use
and Medium Density Residential as shown on Schedule A-5 – Transit Station
Secondary Plan Area of the City’s Official Plan.
The amendment meets the intent of the Official Plan as the properties are suitable
for increasing density and the buildings exteriors are not changing. The properties
are located within the Transit Station Secondary Plan which is an appropriate area
for intensification and increased densities on the properties. Surface parking is
provided to the rear of the buildings buffered by landscaping and fencing to the
adjacent residential properties. There are no known issues with infrastructure
capacity or the transportation system.
PART 2 – BODY OF THE AMENDMENT
Page 148 of 156
All of this part of the document entitled PART 2 – BODY OF THE AMENDMENT, consisting
of the following Maps Changes and Text Changes, constitute Amendment No. 173 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 CHANGES
The “Area Affected by this Amendment”, shown on the map attached hereto, entitled
“Map 1 to Amendment No. 173”, shall be identified as Special Policy Area 101 on
Schedule A – Future Land Use to the Official Plan.
2. TEXT CHANGES
PART 2, SECTION 13 – SPECIAL POLICY AREAS, is hereby amended by adding
the following subsection:
13.101 Special Policy Area “101” applies to approximately 1,874 square
metres of land located on Ferguson Street. Notwithstanding the height
and density provisions of Part 2, Policy 1.10.5 (ii), two 2 storey
buildings are permitted to be renovated to contain a total of 24
dwelling units with a maximum density of 128 units per hectare within
the Residential designation.
Page 149 of 156
SCHEDULE “A”
Page 150 of 156
CITY OF NIAGARA FALLS
By-law No. 2024-105
A by-law to amend By-law No. 79-200, to permit the use of the lands for two 2 storey
apartment dwellings, containing a total of 24 units (AM-2023-035).
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 “A” of this by-law and shall be referred to in this by-law as
the “Lands”. Schedule “A” is a part of this by-law.
2. The purpose of this by-law is to amend the provisions of By-law No. 79-200, to
permit the use of the Lands in a manner that would otherwise be prohibited by that
by-law. In the case of any conflict between a specific provision of this by-law and
any existing provision of By-law No. 79-200, the provisions of this by-law are to
prevail.
3. Notwithstanding any provision of By-law No. 79-200 to the contrary, the following
uses and regulations shall be the permitted uses and regulations governing the
permitted uses on and of the Lands.
4. The Lands shall be rezoned from the Neighbourhood Commercial (NC) to the
Residential 5C Density (R5C) zone with permitted uses being those permitted
within the R5C zone.
5. The regulations governing the permitted uses shall be:
(a) Minimum rear yard
0.69 metres
(b) Minimum front yard depth 0 metres
(c) Minimum exterior side yard
0 metres
(d) Maximum lot coverage
30.7%
(e) Minimum landscaped open space
6.37%
(f) Parking Requirements 33 spaces
(g) Number of buildings on lot 2
(h) The balance of regulations specified for a R5C use.
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2
6. All other applicable regulations set out in By-law No. 79-200 shall continue to apply
to govern the permitted uses on the Lands, with all necessary changes in detail.
7. No person shall use the Lands for a use that is not a permitted use.
8. No person shall use the Lands in a manner that is contrary to the regulations.
9. The provisions of this by-law shall be shown on Sheet D3 of Schedule “A” of By-
law No. 79-200 by rezoning the Lands from NC to R5C and numbered 1256.
10. Section 19 of By-law No. 79-200 is amended by adding thereto:
19.1.1256 Refer to By-law No. 2024-105.
Read a First, Second and Third time; passed, signed and sealed in open Council
this 22nd day of October, 2024.
....................................................................... .....................................................................
WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR
Page 152 of 156
3
Schedule “A”
Page 153 of 156
CITY OF NIAGARA FALLS
By-law No. 2024 - 106
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 “A”, and that Schedule “A”,
attached hereto shall be inserted in lieu thereof.
Read a first, second, third time and passed.
Signed and sealed in open Council on this 22nd day of October, 2024.
............................................................... ...........................................................
WILLIAM MATSON, CITY CLERK JAMES M. DIODATI, MAYOR
Page 154 of 156
SCHEDULE “A”
1. Chief Building Official:
Luciano Chieca
2. Deputy Chief Building Official:
Frank Peter
3. Inspectors:
Jehad Ochana
Fred Sacco
Sandro Elia
Effat Effat
Jesse Mancino
Cesar Ramires
Frank Genovese
Kathy Repergel
Louie Baldinelli
Chan Chen
Kelvin Jacobi
Tamer Mikhail
Nicholas Andres
Doug Evans
Tiago Silva
4. Fire Chief Jo Zambito
5. Deputy Chief Ken Henry
6. Deputy Chief Scott Lawson
7. Fire Prevention Officers:
Ben Trendle
Frank Devereaux
Kellie Kubik
Doug Collee
Meghan Edgar
Karen Borne
Robert Kirk - New
A.J. Lunn - New
Page 155 of 156
CITY OF NIAGARA FALLS
By-law No. 2024 - 107
A by-law to adopt, ratify and confirm the actions of the City Council at its meeting held on
the 22nd of October, 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 22nd day of October 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 22nd day of October, 2024.
........................................................ ……...........................................................
WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR
Page 156 of 156